Court filing
Bill text (introduced) — H.R. 6800, Heroes Act
Filed May 12, 2020 in Heroes Act Legislative History; one of 3 filings from this case.
Record facts
| Court | U.S. Congress |
|---|---|
| Filed | 2020-05-12 |
Full text
I 116TH CONGRESS 2D SESSION H. R. 6800 Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 12, 2020 Mrs. LOWEY (for herself, Mr. ENGEL, Mrs. CAROLYN B. MALONEY of New York, Mr. NADLER, Mr. NEAL, Mr. PALLONE, Mr. SCOTT of Virginia, Mr. TAKANO, Ms. VELA´ZQUEZ, Ms. WATERS, Mr. GRIJALVA, and Ms. LOFGREN) introduced the following bill; which was referred to the Com- mittee on Appropriations, and in addition to the Committees on the Budget, and Ways and Means, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SHORT TITLE 3 SECTION 1. 4 This Act may be cited as the ‘‘Health and Economic 5 Recovery Omnibus Emergency Solutions Act’’ or the 6 ‘‘HEROES Act’’. 7 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 2 •HR 6800 IH TABLE OF CONTENTS 1 SEC. 2. 2 The table of contents is as follows: 3 DIVISION A—CORONAVIRUS RECOVERY SUPPLEMENTAL APPROPRIATIONS ACT, 2020 DIVISION B—REVENUE PROVISIONS Title I—Economic stimulus Title II—Additional relief for workers Title III—Net operating losses DIVISION C—HEALTH PROVISIONS Title I—Medicaid Provisions Title II—Medicare Provisions Title III—Private Insurance Provisions Title IV—Application to Other Health Programs Title V—Public Health Policies Title VI—Public Health Assistance DIVISION D—RETIREMENT PROVISIONS Title I—Relief for Multiemployer Pension Plans Title II—Relief for Single Employer Pension Plans Title III—Other Retirement Related Provisions DIVISION E—CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS DIVISION F—ASSISTANCE TO AGRICULTURAL PRODUCERS AND OTHER MATTERS RELATING TO AGRICULTURE Title I—Livestock Title II—Dairy Title III—Specialty Crops and Other Commodities Title IV—Commodity Credit Corporation Title V—Conservation Title VI—Nutrition DIVISION G—ACCOUNTABILITY AND GOVERNMENT OPERATIONS Title I—Accountability Title II—Census Matters Title III—Federal Workforce Title IV—Federal Contracting Provisions Title V—District of Columbia Title VI—Other Matters DIVISION H—VETERANS AND SERVICEMEMBERS PROVISIONS DIVISION I—SMALL BUSINESS PROVISIONS DIVISION J—SUPPORT FOR ESSENTIAL WORKERS, AT-RISK INDIVIDUALS, FAMILIES, AND COMMUNITIES VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 3 •HR 6800 IH Title I—Family Care for Essential Workers Title II—Pandemic Emergency Assistance and Services Title III—Program flexibility during the pandemic DIVISION K—COVID–19 HERO ACT Title I—Providing Medical Equipment for First Responders and Essential Workers Title II—Protecting Renters and Homeowners from Evictions and Foreclosures Title III—Protecting People Experiencing Homelessness Title IV—Suspending Negative Credit Reporting and Strengthening Consumer and Investor Protections Title V—Forgiving Student Loan Debt and Protecting Student Borrowers Title VI—Standing Up For Small Businesses, Minority-Owned Businesses, and Non-Profits Title VII—Empowering Community Financial Institutions Title VIII—Providing Assistance for State, Territory, Tribal, and Local Govern- ments Title IX—Providing Oversight and Protecting Taxpayers DIVISION L—FAMILIES, WORKERS, AND COMMUNITY SUPPORT PROVISIONS Title I—Amendments to Emergency Family and Medical Leave Expansion Act and Emergency Paid Sick Leave Act Title II—COVID–19 Workforce Development Response Activities Title III—COVID–19 Every Worker Protection Act of 2020 Title IV—Community and Family Support Title V—COVID–19 Protections under Longshore and Harbor Workers’ Com- pensation Act DIVISION M—CONSUMER PROTECTION AND TELECOMMUNICATIONS PROVISIONS Title I—COVID–19 Price Gouging Prevention Title II—E–Rate Support for Wi-Fi Hotspots, Other Equipment, and Connected Devices Title III—Emergency Benefit for Broadband Service Title IV—Continued Connectivity Title V—Don’t Break Up the T–Band Title VI—National Suicide Hotline Designation Title VII—COVID–19 Compassion and Martha Wright Prison Phone Justice Title VIII—Healthcare Broadband Expansion During COVID–19 DIVISION N—GIVING RETIREMENT OPTIONS TO WORKERS ACT DIVISION O—EDUCATION PROVISIONS AND OTHER PROGRAMS Title I—Higher Education Provisions Title II—Other Programs DIVISION P—ACCESS ACT DIVISION Q—COVID–19 HEROES FUND Title I—Provisions relating to State, Local, Tribal, and Private Sector Workers Title II—Provisions relating to Federal employees and COVID–19 Title III—Coordination of benefits with other programs and laws VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 4 •HR 6800 IH DIVISION R—CHILD NUTRITION AND RELATED PROGRAMS DIVISION S—OTHER MATTERS Title I—Health Care Access for Urban Native Veterans Act Title II—Tribal School Federal Insurance Parity Title III—PRC for Native Veterans Act Title IV—Wildlife-Borne Disease Prevention Title V—Pandemic Relief for Aviation Workers and Passengers Title VI—Amtrak and Rail Workers Title VII—Energy and Environment Provisions Title VIII—Death and disability benefits for public safety officers impacted by COVID–19 Title IX—Victims of Crime Act Amendments Title X—Jabara-Heyer NO HATE Act Title XI—Prisons and Jails Title XII—Immigration Matters Title XIII—Coronavirus Relief Fund Amendments Title XIV—Rural Digital Opportunity Title XV—Foreign Affairs Provisions DIVISION T—ADDITIONAL OTHER MATTERS REFERENCES 1 SEC. 3. 2 Except as expressly provided otherwise, any reference 3 to ‘‘this Act’’ contained in any division of this Act shall 4 be treated as referring only to the provisions of that divi- 5 sion. 6 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 5 •HR 6800 IH DIVISION A—CORONAVIRUS RECOVERY 1 SUPPLEMENTAL APPROPRIATIONS 2 ACT, 2020 3 The following sums are hereby appropriated, out of 4 any money in the Treasury not otherwise appropriated, 5 for the fiscal year ending September 30, 2020, and for 6 other purposes, namely: 7 TITLE I—AGRICULTURE, RURAL DEVELOP- 8 MENT, FOOD AND DRUG ADMINISTRATION, 9 AND RELATED AGENCIES 10 DEPARTMENT OF AGRICULTURE 11 AGRICULTURAL PROGRAMS 12 OFFICE OF INSPECTOR GENERAL 13 For an additional amount for ‘‘Office of Inspector 14 General’’, $2,500,000, to remain available until September 15 30, 2021, to prevent, prepare for, and respond to 16 coronavirus, domestically or internationally: Provided, 17 That the funding made available under this heading in 18 this Act shall be used for conducting audits and investiga- 19 tions of projects and activities carried out with funds made 20 available to the Department of Agriculture to prevent, pre- 21 pare for, and respond to coronavirus, domestically or 22 internationally: Provided further, That such amount is des- 23 ignated by the Congress as being for an emergency re- 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 6 •HR 6800 IH quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 1 anced Budget and Emergency Deficit Control Act of 1985. 2 DOMESTIC FOOD PROGRAMS 3 FOOD AND NUTRITION SERVICE 4 CHILD NUTRITION PROGRAMS 5 For an additional amount for ‘‘Child Nutrition Pro- 6 grams’’, $3,000,000,000 to remain available until Sep- 7 tember 30, 2021, to prevent, prepare for, and respond to 8 coronavirus, domestically or internationally: Provided, 9 That the amount provided under this heading is for the 10 purposes of carrying out section 180002 of the ‘‘Child Nu- 11 trition and Related Programs Recovery Act’’: Provided 12 further, That such amount is designated by the Congress 13 as being for an emergency requirement pursuant to sec- 14 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 15 gency Deficit Control Act of 1985. 16 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 17 WOMEN, INFANTS, AND CHILDREN (WIC) 18 For an additional amount for the ‘‘Special Supple- 19 mental Nutrition Program for Women, Infants, and Chil- 20 dren’’, $1,100,000,000, to remain available through Sep- 21 tember 30, 2022: Provided, That such amount is des- 22 ignated by the Congress as being for an emergency re- 23 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 24 anced Budget and Emergency Deficit Control Act of 1985. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 7 •HR 6800 IH SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM 1 For an additional amount for ‘‘Supplemental Nutri- 2 tion Assistance Program’’, $10,000,000,000, to remain 3 available until September 30, 2021, to prevent, prepare 4 for, and respond to coronavirus: Provided, That such 5 amount is designated by the Congress as being for an 6 emergency requirement pursuant to section 7 251(b)(2)(A)(i) of the Balanced Budget and Emergency 8 Deficit Control Act of 1985. 9 COMMODITY ASSISTANCE PROGRAM 10 For an additional amount for ‘‘Commodity Assistance 11 Program’’, $150,000,000, to remain available through 12 September 30, 2021, for the emergency food assistance 13 program as authorized by section 27(a) of the Food and 14 Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 15 204(a)(1) of the Emergency Food Assistance Act of 1983 16 (7 U.S.C. 7508(a)(1)): Provided, That such amount is 17 designated by the Congress as being for an emergency re- 18 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 19 anced Budget and Emergency Deficit Control Act of 1985. 20 GENERAL PROVISIONS—THIS TITLE 21 SEC. 10101. For an additional amount for the Com- 22 monwealth of the Northern Mariana Islands, $1,822,000, 23 to remain available until September 30, 2021, for nutri- 24 tion assistance to prevent, prepare for, and respond to 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 8 •HR 6800 IH coronavirus: Provided, That such amount is designated by 1 the Congress as being for an emergency requirement pur- 2 suant to section 251(b)(2)(A)(i) of the Balanced Budget 3 and Emergency Deficit Control Act of 1985. 4 SEC. 10102. Under the heading ‘‘Commodity Assist- 5 ance Program’’ in the Coronavirus Aid, Relief, and Eco- 6 nomic Security Act (Public Law 116–136), strike ‘‘to pre- 7 vent, prepare for, and respond to coronavirus, domestically 8 or internationally,’’: Provided, That the amounts 9 repurposed in this section that were previously designated 10 by the Congress as an emergency requirement pursuant 11 to the Balanced Budget and Emergency Deficit Control 12 Act of 1985 are designated by the Congress as an emer- 13 gency requirement pursuant to section 251(b)(2)(A)(i) of 14 the Balanced Budget and Emergency Deficit Control Act 15 of 1985. 16 SEC. 10103. For an additional amount for the pro- 17 gram established under 7 U.S.C. 5936, to prevent, prepare 18 for, and respond to coronavirus, $20,000,000, to remain 19 available until September 30, 2021: Provided, That such 20 amount is designated by the Congress as being for an 21 emergency requirement pursuant to section 22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 23 Deficit Control Act of 1985. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 9 •HR 6800 IH TITLE II—COMMERCE, JUSTICE, SCIENCE, AND 1 RELATED AGENCIES 2 DEPARTMENT OF COMMERCE 3 BUREAU OF THE CENSUS 4 CURRENT SURVEYS AND PROGRAMS 5 (INCLUDING TRANSFER OF FUNDS) 6 For an additional amount for ‘‘Current Surveys and 7 Programs’’, $10,000,000: Provided, That such sums may 8 be transferred to the Bureau of the Census Working Cap- 9 ital Fund for necessary expenses incurred as a result of 10 the coronavirus, including for payment of salaries and 11 leave to Bureau of the Census staff resulting from the sus- 12 pension of data collection for reimbursable surveys con- 13 ducted for other Federal agencies: Provided further, That 14 such amount is designated by the Congress as being for 15 an emergency requirement pursuant to section 16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 17 Deficit Control Act of 1985. 18 PERIODIC CENSUSES AND PROGRAMS 19 For an additional amount for ‘‘Periodic Censuses and 20 Programs’’, $400,000,000, to remain available until Sep- 21 tember 30, 2022, to prevent, prepare for, and respond to 22 coronavirus: Provided, That such amount is designated by 23 the Congress as being for an emergency requirement pur- 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 10 •HR 6800 IH suant to section 251(b)(2)(A)(i) of the Balanced Budget 1 and Emergency Deficit Control Act of 1985. 2 NATIONAL OCEANIC AND ATMOSPHERIC 3 ADMINISTRATION 4 ASSISTANCE TO FISHERY PARTICIPANTS 5 Pursuant to section 12005 of the Coronavirus Aid, 6 Relief, and Economic Security Act of 2020 (Public Law 7 116–136), for an additional amount for ‘‘Assistance to 8 Fishery Participants’’, $100,000,000, to remain available 9 until September 30, 2021, for necessary expenses to pro- 10 vide assistance to Tribal, subsistence, commercial, and 11 charter fishery participants affected by the novel 12 coronavirus (COVID–19), which may include direct relief 13 payments: Provided, That such amount is designated by 14 the Congress as being for an emergency requirement pur- 15 suant to section 251(b)(2)(A)(i) of the Balanced Budget 16 and Emergency Deficit Control Act of 1985. 17 DEPARTMENTAL MANAGEMENT 18 OFFICE OF INSPECTOR GENERAL 19 For an additional amount for ‘‘Office of Inspector 20 General’’, $1,000,000, to remain available until expended 21 to prevent, prepare for, and respond to coronavirus, in- 22 cluding the impact of coronavirus on the work of the De- 23 partment of Commerce and to carry out investigations and 24 audits related to the funding made available for the De- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 11 •HR 6800 IH partment of Commerce in this Act and in title II of divi- 1 sion B of Public Law 116–136: Provided, That such 2 amount is designated by the Congress as being for an 3 emergency requirement pursuant to section 4 251(b)(2)(A)(i) of the Balanced Budget and Emergency 5 Deficit Control Act of 1985. 6 ADMINISTRATIVE PROVISION—DEPARTMENT OF 7 COMMERCE 8 SEC. 10201. Notwithstanding any other provision of 9 law, the Federal share for grants provided by the Eco- 10 nomic Development Administration under this Act, Public 11 Law 116–93, Public Law 116–20, and Public Law 116– 12 136 shall be 100 percent: Provided, That the amounts 13 repurposed in this section that were previously designated 14 by the Congress as an emergency requirement pursuant 15 to the Balanced Budget and Emergency Deficit Control 16 Act of 1985 are designated by the Congress as an emer- 17 gency requirement pursuant to section 251(b)(2)(A)(i) of 18 the Balanced Budget and Emergency Deficit Control Act 19 of 1985. 20 DEPARTMENT OF JUSTICE 21 FEDERAL PRISON SYSTEM 22 SALARIES AND EXPENSES 23 For an additional amount for ‘‘Salaries and Ex- 24 penses’’, $200,000,000, to remain available until Sep- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 12 •HR 6800 IH tember 30, 2021, to prevent, prepare for, and respond to 1 coronavirus, including the impact of coronavirus on the 2 work of the Department of Justice, to include funding for 3 medical testing and services, personal protective equip- 4 ment, hygiene supplies and services, and sanitation serv- 5 ices: Provided, That such amount is designated by the 6 Congress as being for an emergency requirement pursuant 7 to section 251(b)(2)(A)(i) of the Balanced Budget and 8 Emergency Deficit Control Act of 1985. 9 OFFICE OF INSPECTOR GENERAL 10 For an additional amount for ‘‘Office of Inspector 11 General’’, $3,000,000, to remain available until expended 12 to prevent, prepare for, and respond to coronavirus, in- 13 cluding the impact of coronavirus on the work of the De- 14 partment of Justice and to carry out investigations and 15 audits related to the funding made available for the De- 16 partment of Justice in this Act: Provided, That such 17 amount is designated by the Congress as being for an 18 emergency requirement pursuant to section 19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 20 Deficit Control Act of 1985. 21 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 13 •HR 6800 IH STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES 1 OFFICE ON VIOLENCE AGAINST WOMEN 2 VIOLENCE AGAINST WOMEN PREVENTION AND 3 PROSECUTION PROGRAMS 4 For an additional amount for ‘‘Violence Against 5 Women Prevention and Prosecution Programs’’, 6 $100,000,000, to remain available until expended, of 7 which— 8 (1) $30,000,000 is for grants to combat vio- 9 lence against women, as authorized by part T of the 10 Omnibus Crime Control and Safe Streets Acts of 11 1968; 12 (2) $15,000,000 is for transitional housing as- 13 sistance grants for victims of domestic violence, dat- 14 ing violence, stalking, or sexual assault, as author- 15 ized by section 40299 of the Violent Crime Control 16 and Law Enforcement Act of 1994 (Public Law 17 103–322; ‘‘1994 Act’’); 18 (3) $15,000,000 is for sexual assault victims 19 assistance, as authorized by section 41601 of the 20 1994 Act; 21 (4) $10,000,000 is for rural domestic violence 22 and child abuse enforcement assistance grants, as 23 authorized by section 40295 of the 1994 Act; 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 14 •HR 6800 IH (5) $10,000,000 is for legal assistance for vic- 1 tims, as authorized by section 1201 of the Victims 2 of Trafficking and Violence Protection Act of 2000 3 (Public Law 106–386; ‘‘2000 Act’’); 4 (6) $4,000,000 is for grants to assist tribal gov- 5 ernments in exercising special domestic violence 6 criminal jurisdiction, as authorized by section 904 of 7 the Violence Against Women Reauthorization Act of 8 2013; and 9 (7) $16,000,000 is for grants to support fami- 10 lies in the justice system, as authorized by section 11 1301 of the 2000 Act: 12 Provided, That funds made available under this heading 13 shall be made available without any otherwise applicable 14 requirement that a recipient of such funds provide any 15 other Federal funds, or any non-Federal funds, as a condi- 16 tion to receive the funds made available under this head- 17 ing: Provided further, That such amount is designated by 18 the Congress as being for an emergency requirement pur- 19 suant to section 251(b)(2)(A)(i) of the Balanced Budget 20 and Emergency Deficit Control Act of 1985. 21 OFFICE OF JUSTICE PROGRAMS 22 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 23 For an additional amount for ‘‘State and Local Law 24 Enforcement Assistance’’, $300,000,000, to remain avail- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 15 •HR 6800 IH able until expended, for the same purposes and subject 1 to the same conditions as the appropriations for fiscal year 2 2020 under this heading in title II of division B of Public 3 Law 116–136, including for the purchase of personal pro- 4 tective equipment, and for costs related to preventing and 5 controlling coronavirus at correctional institutions: Pro- 6 vided, That, notwithstanding section 502(a)(1) of the Om- 7 nibus Crime Control and Safe Streets Act of 1968 (34 8 U.S.C. 10153), funds provided under this heading in both 9 this Act and title II of division B of Public Law 116– 10 136 may be used to supplant State or local funds: Pro- 11 vided further, That funds made available under this head- 12 ing in both this Act and title II of division B of Public 13 Law 116–136 shall be made available without any other- 14 wise applicable requirement that a recipient of such funds 15 provide any other Federal funds, or any non-Federal 16 funds, as a condition to receive the funds made available 17 under such heading: Provided further, That such amount 18 is designated by the Congress as being for an emergency 19 requirement pursuant to section 251(b)(2)(A)(i) of the 20 Balanced Budget and Emergency Deficit Control Act of 21 1985. 22 For an additional amount for ‘‘State and Local Law 23 Enforcement Assistance’’, $250,000,000, to remain avail- 24 able until expended, for offender reentry programs and re- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 16 •HR 6800 IH search, as authorized by the Second Chance Act of 2007 1 (Public Law 110–199) and by the Second Chance Reau- 2 thorization Act of 2018 (Public Law 115–391), without 3 regard to the time limitations specified at section 6(1) of 4 such Act, to prevent, prepare for, and respond to 5 coronavirus: Provided, That, notwithstanding any other 6 provision of law, funds provided under this heading may 7 be used to supplant State or local funds: Provided further, 8 That funds made available under this heading shall be 9 made available without any otherwise applicable require- 10 ment that a recipient of such funds provide any other Fed- 11 eral funds, or any non-Federal funds, as a condition to 12 receive the funds made available under this heading: Pro- 13 vided further, That such amount is designated by the Con- 14 gress as being for an emergency requirement pursuant to 15 section 251(b)(2)(A)(i) of the Balanced Budget and 16 Emergency Deficit Control Act of 1985. 17 For an additional amount for ‘‘State and Local Law 18 Enforcement Assistance’’, $600,000,000, to remain avail- 19 able until expended, for grants, contracts, cooperative 20 agreements, and other assistance as authorized by the 21 Pandemic Justice Response Act (‘‘the Act’’): Provided, 22 That $500,000,000 is to establish and implement policies 23 and procedures to prevent, detect, and stop the presence 24 and spread of COVID–19 among arrestees, detainees, in- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 17 •HR 6800 IH mates, correctional facility staff, and visitors to the facili- 1 ties; and for pretrial citation and release grants, as au- 2 thorized by the Act: Provided further, That $25,000,000 3 is for Rapid COVID–19 Testing, as authorized by the Act: 4 Provided further, That $75,000,000 is for grants for Juve- 5 nile Specific Services, as authorized by the Act: Provided 6 further, That, notwithstanding any other provision of law, 7 funds provided under this heading may be used to sup- 8 plant State or local funds: Provided further, That funds 9 made available under this heading shall be made available 10 without any otherwise applicable requirement that a re- 11 cipient of such funds provide any other Federal funds, or 12 any non-Federal funds, as a condition to receive the funds 13 made available under this heading: Provided further, That 14 such amount is designated by the Congress as being for 15 an emergency requirement pursuant to section 16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 17 Deficit Control Act of 1985. 18 COMMUNITY ORIENTED POLICING SERVICES 19 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS 20 For an additional amount for ‘‘Community Oriented 21 Policing Services’’, $300,000,000, to remain available 22 until expended, for grants under section 1701 of title I 23 of the 1968 Omnibus Crime Control and Safe Streets Act 24 (34 U.S.C. 10381) for hiring and rehiring of additional 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 18 •HR 6800 IH career law enforcement officers under part Q of such title, 1 notwithstanding subsection (i) of such section, and includ- 2 ing for the purchase of personal protective equipment: 3 Provided, That, notwithstanding 34 U.S.C. 10384, funds 4 provided under this heading may be used to supplant 5 State or local funds and may be used to retain career law 6 enforcement officers: Provided further, That funds made 7 available under this heading shall be made available with- 8 out any otherwise applicable requirement that a recipient 9 of such funds provide any other Federal funds, or any 10 non-Federal funds, as a condition to receive the funds 11 made available under this heading: Provided further, That 12 such amount is designated by the Congress as being for 13 an emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 SCIENCE 17 NATIONAL SCIENCE FOUNDATION 18 RESEARCH AND RELATED ACTIVITIES 19 (INCLUDING TRANSFER OF FUNDS) 20 For an additional amount for ‘‘Research and Related 21 Activities’’, $125,000,000, to remain available until Sep- 22 tember 30, 2022, to prevent, prepare for, and respond to 23 coronavirus, including to fund research grants, of which 24 $1,000,000 shall be for a study on the spread of COVID– 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 19 •HR 6800 IH 19 related disinformation: Provided further, That, within 1 the amount appropriated under this heading in this Act, 2 up to 2 percent of funds may be transferred to the ‘‘Agen- 3 cy Operations and Award Management’’ account for man- 4 agement, administration, and oversight of funds provided 5 under this heading in this Act: Provided further, That such 6 amount is designated by the Congress as being for an 7 emergency requirement pursuant to section 8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 9 Deficit Control Act of 1985. 10 RELATED AGENCIES 11 LEGAL SERVICES CORPORATION 12 PAYMENT TO THE LEGAL SERVICES CORPORATION 13 For an additional amount for ‘‘Payment to the Legal 14 Services Corporation’’, $50,000,000, for the same pur- 15 poses and subject to the same conditions as the appropria- 16 tions for fiscal year 2020 under this heading in title II 17 of division B of Public Law 116–136: Provided, That such 18 amount is designated by the Congress as being for an 19 emergency requirement pursuant to section 20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 21 Deficit Control Act of 1985. 22 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 20 •HR 6800 IH TITLE III—FINANCIAL SERVICES AND GENERAL 1 GOVERNMENT 2 DEPARTMENT OF THE TREASURY 3 DEPARTMENTAL OFFICES 4 OFFICE OF INSPECTOR GENERAL 5 SALARIES AND EXPENSES 6 For an additional amount for ‘‘Salaries and Ex- 7 penses’’, $35,000,000, to remain available until expended, 8 to conduct monitoring and oversight of the receipt, dis- 9 bursement, and use of funds made available under the 10 ‘‘Coronavirus State Fiscal Relief Fund’’ and the 11 ‘‘Coronavirus Local Fiscal Relief Fund’’ (collectively, 12 ‘‘Fiscal Relief Funds’’): Provided, That, if the Inspector 13 General of the Department of the Treasury determines 14 that an entity receiving a payment from amounts provided 15 by the Fiscal Relief Funds has failed to comply with the 16 provisions governing the use of such funding, the Inspec- 17 tor General shall transmit any relevant information re- 18 lated to such determination to the Committees on Appro- 19 priations of the House of Representatives and the Senate 20 not later than 5 days after any such determination is 21 made: Provided further, That such amount is designated 22 by the Congress as being for an emergency requirement 23 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 24 et and Emergency Deficit Control Act of 1985. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 21 •HR 6800 IH TREASURY INSPECTOR GENERAL FOR TAX 1 ADMINISTRATION 2 SALARIES AND EXPENSES 3 For an additional amount for ‘‘Salaries and Ex- 4 penses’’, $2,500,000, to remain available until expended, 5 to prevent, prepare for, and respond to coronavirus, do- 6 mestically or internationally: Provided, That such amount 7 is designated by the Congress as being for an emergency 8 requirement pursuant to section 251(b)(2)(A)(i) of the 9 Balanced Budget and Emergency Deficit Control Act of 10 1985. 11 HOMEOWNER ASSISTANCE FUND 12 For activities and assistance authorized in section 13 110202 of the ‘‘COVID–19 HERO Act’’ , 14 $75,000,000,000, to remain available until expended: Pro- 15 vided, That such amount is designated by the Congress 16 as being for an emergency requirement pursuant to sec- 17 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 18 gency Deficit Control Act of 1985. 19 BUREAU OF THE FISCAL SERVICE 20 SALARIES AND EXPENSES 21 For an additional amount for ‘‘Salaries and Ex- 22 penses’’, $78,650,000, to remain available until September 23 30, 2021, to prevent, prepare for, and respond to 24 coronavirus, domestically or internationally: Provided, 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 22 •HR 6800 IH That such amount is designated by the Congress as being 1 for an emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 CORONAVIRUS STATE FISCAL RELIEF FUND 5 For making payments to States, territories, and Trib- 6 al governments to mitigate the fiscal effects stemming 7 from the public health emergency with respect to the 8 Coronavirus Disease (COVID–19), $540,000,000,000 to 9 remain available until expended, which shall be in addition 10 to any other amounts available for making payments to 11 States, territories, and Tribal governments for any pur- 12 pose (including payments made under section 601 of the 13 Social Security Act), of which: 14 (1) $20,000,000,000 shall be for making 15 payments to the Commonwealth of Puerto Rico, 16 United States Virgin Islands, Guam, Common- 17 wealth of the Northern Mariana Islands, and 18 American Samoa: Provided, That of the amount 19 made available in this paragraph, half shall be 20 allocated equally among each entity specified in 21 this paragraph, and half shall be allocated as 22 an additional amount to each such entity in an 23 amount which bears the same proportion to half 24 of the total amount provided under this para- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 23 •HR 6800 IH graph as the relative population of each such 1 entity bears to the total population of all such 2 entities; 3 (2) $20,000,000,000 shall be for making 4 payments to Tribal governments: Provided, 5 That payments of amounts made available in 6 this paragraph shall be made to each Tribal 7 Government in an amount determined by the 8 Secretary of the Treasury, in consultation with 9 the Secretary of the Interior and Indian Tribes, 10 that is based on increased aggregate expendi- 11 tures of each such Tribal government (or a trib- 12 ally-owned entity of such Tribal government) in 13 fiscal year 2020 relative to aggregate expendi- 14 tures in fiscal year 2019 by the Tribal govern- 15 ment (or tribally-owned entity) and determined 16 in such manner as the Secretary determines ap- 17 propriate to ensure that all amounts available 18 pursuant to the preceding proviso for fiscal year 19 2020 are distributed to Tribal governments: 20 (3) $250,000,000,000 shall be for making 21 initial payments to each of the 50 States and 22 the District of Columbia, of which— 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 24 •HR 6800 IH (A) $51,000,000,000 shall be al- 1 located equally between each of the 50 2 States and the District of Columbia; 3 (B) $150,000,000,000 shall be 4 allocated as an additional amount to 5 each such entity in an amount which 6 bears the same proportion to the total 7 amount provided under this subpara- 8 graph as the relative population of 9 each such entity bears to the total 10 population of all such entities; 11 (C) $49,000,000,000 shall be al- 12 located as additional amounts among 13 each of the 50 States and the District 14 of Columbia in an amount which 15 bears the same proportion to the total 16 amount provided under this subpara- 17 graph as the relative prevalence of 18 COVID–19 within each such entity 19 bears to the total prevalence of 20 COVID–19 within all such entities: 21 Provided, That the relative prevalence 22 of COVID–19 shall be calculated 23 using the most recent data on the 24 number of confirmed and probable 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 25 •HR 6800 IH cases as published on the Internet by 1 the Centers for Disease Control and 2 Prevention for each entity specified in 3 the preceding proviso; 4 (4) $250,000,000,000 shall be for making an 5 additional payment to each of the 50 States and the 6 District of Columbia, of which— 7 (A) $51,000,000,000 shall be allocated 8 equally between each of the 50 States and the 9 District of Columbia; and 10 (B) $199,000,000,000 shall be allocated 11 between each such entity in an additional 12 amount which bears the same proportion to the 13 total amount provided under this subparagraph 14 as the average estimated number of seasonally- 15 adjusted unemployed individuals (as measured 16 by the Bureau of Labor Statistics Local Area 17 Unemployment Statistics program) in each such 18 entity over the 3-month period ending in March 19 2021 bears to the average estimated number of 20 seasonally-adjusted unemployed individuals in 21 all such entities over the same period. 22 Provided further, That any entity receiving a payment 23 from funds made available under this heading in this Act 24 shall only use such amounts to respond to, mitigate, cover 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 26 •HR 6800 IH costs or replace foregone revenues not projected on Janu- 1 ary 31, 2020 stemming from the public health emergency, 2 or its negative economic impacts, with respect to the 3 Coronavirus Disease (COVID–19): Provided further, That 4 if the Inspector General of the Department of the Treas- 5 ury determines that an entity receiving a payment from 6 amounts provided under this heading has failed to comply 7 with the preceding proviso, the amount equal to the 8 amount of funds used in violation of such subsection shall 9 be booked as a debt of such entity owed to the Federal 10 Government, and any amounts recovered under this sub- 11 section shall be deposited into the general fund of the 12 Treasury as discretionary offsetting receipts: Provided fur- 13 ther, That for purposes of the preceding provisos under 14 this heading in this Act, the population of each entity de- 15 scribed in any such proviso shall be determined based on 16 the most recent year for which data are available from 17 the Bureau of the Census, or in the case of an Indian 18 tribe, shall be determined based on data certified by the 19 Tribal government: Provided further, That as used under 20 this heading in this Act, the terms ‘‘Tribal government’’ 21 and ‘‘Indian Tribe’’ have the same meanings as specified 22 in section 601(g) of the Social Security Act (42 U.S.C. 23 601(g)), as added by section 5001 of the CARES Act 24 (Public Law 116-136) and amended by section 191301 of 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 27 •HR 6800 IH division X of this Act, and the term ‘‘State’’ means one 1 of the 50 States: Provided further, That the Secretary of 2 Treasury shall make all payments required pursuant to 3 paragraphs (1), (2), and (3) not later than 30 days after 4 the date of enactment of this Act, and shall make all pay- 5 ments required pursuant to paragraph (4) not later than 6 May 3, 2021: Provided further, That such amount is des- 7 ignated by the Congress as being for an emergency re- 8 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 9 anced Budget and Emergency Deficit Control Act of 1985. 10 CORONAVIRUS LOCAL FISCAL RELIEF FUND 11 For making payments to metropolitan cities, coun- 12 ties, and other units of general local government to miti- 13 gate the fiscal effects stemming from the public health 14 emergency with respect to the Coronavirus Disease 15 (COVID–19), $375,000,000,000, to remain available until 16 expended, which shall be in addition to any other amounts 17 available for making payments to metropolitan cities, 18 counties, and other units of general local government (in- 19 cluding payments made under section 601 of the Social 20 Security Act), of which— 21 (1) $187,500,000,000 shall be for making pay- 22 ments to metropolitan cities and other units of gen- 23 eral local government (as those terms are defined in 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 28 •HR 6800 IH section 102 of the Housing and Community Devel- 1 opment Act of 1974 (42 U.S.C. 5302)), of which— 2 (A) $131,250,000,000 shall be allocated 3 pursuant to the formula under section 4 106(b)(1) of the Housing and Community De- 5 velopment Act of 1974 (42 U.S.C. 5306(b)(1)) 6 to metropolitan cities (as defined in section 7 102(a)(4) of such Act (42 U.S.C. 5302(a)(4)), 8 including metropolitan cities that have relin- 9 quished or deferred their status as a metropoli- 10 tan city as of the date of enactment of this Act: 11 Provided, That $87,500,000,000 of the funds 12 provided under this subparagraph shall be paid 13 not later than 30 days after the date of enact- 14 ment of this Act: Provided further, That 15 $43,750,000,000 of the funds provided under 16 this subparagraph shall be paid not earlier than 17 April 15, 2021, but not later than May 3, 2021; 18 and 19 (B) $56,250,000,000 shall be distributed 20 to each State (as that term is defined in section 21 102 of the Housing and Community Develop- 22 ment Act of 1974 (42 U.S.C. 5302)) for use by 23 units of general local government, other than 24 counties or parishes, in nonentitlement areas 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 29 •HR 6800 IH (as defined in such section 102) of such States 1 in an amount which bears the same proportion 2 to the total amount provided under this sub- 3 paragraph as the total population of such units 4 of general local government within the State 5 bears to the total population of all such units 6 of general local government in all such States: 7 Provided, That two-thirds of the funds provided 8 under this subparagraph and allocated to each 9 such unit of general local government shall be 10 distributed to each such unit of general local 11 government not later than 30 days after the 12 date of enactment of this Act: Provided further, 13 That the remainder of the funds provided under 14 this subparagraph and allocated to each such 15 unit of general local government shall be dis- 16 tributed to each such unit of general local gov- 17 ernment not earlier than April 15, 2021, but 18 not later than May 3, 2021: Provided further, 19 That a State shall pass-through the amounts 20 received under this subparagraph, within 30 21 days of receipt, to each such unit of general 22 local government in an amount that bears the 23 same proportion to the amount distributed to 24 each such State as the population of such unit 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 30 •HR 6800 IH of general local government bears to the total 1 population of all such units of general local gov- 2 ernment within each such State: Provided fur- 3 ther, That if a State has not elected to dis- 4 tribute amounts allocated under this paragraph, 5 the Secretary of the Treasury shall pay the ap- 6 plicable amounts under this subparagraph to 7 such units of general local government in the 8 State not later than 30 days after the date on 9 which the State would otherwise have received 10 the amounts from the Secretary; and 11 (2) $187,500,000,000 shall be paid directly to 12 counties within the 50 States, the District of Colum- 13 bia, the Commonwealth of Puerto Rico, the United 14 States Virgin Islands, Guam, the Commonwealth of 15 the Northern Mariana Islands, and American Samoa 16 in an amount which bears the same proportion to 17 the total amount provided under this paragraph as 18 the relative population of each such county bears to 19 the total population of all such entities: Provided, 20 That two-thirds of the funds provided under this 21 paragraph and allocated to each such county shall be 22 distributed to each such county not later than 30 23 days after the date of enactment of this Act: Pro- 24 vided further, That the remainder of the amount al- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 31 •HR 6800 IH located to each such county under this paragraph 1 shall be distributed to each such county not earlier 2 than April 15, 2021, but not later than May 3, 3 2021: Provided further, That no county that is an 4 ‘‘urban county’’ (as defined in section 102 of the 5 Housing and Community Development Act of 1974 6 (42 U.S.C. 5302)) shall receive less than the amount 7 the county would otherwise receive if the amount 8 distributed under this paragraph were allocated to 9 metropolitan cities and urban counties under section 10 106(b) of the Housing and Community Development 11 Act of 1974 (42 U.S.C. 5306(b)): Provided further, 12 That in the case of an amount to be paid to a coun- 13 ty that is not a unit of general local government, the 14 amount shall instead be paid to the State in which 15 such county is located, and such State shall dis- 16 tribute such amount to units of general local govern- 17 ment within such county in an amounts that bear 18 the same proportion as the population of such units 19 of general local government bear to the total popu- 20 lation of such county: 21 Provided further, That any entity receiving a payment 22 from funds made available under this heading in this Act 23 shall only use such amounts to respond to, mitigate, cover 24 costs or replace foregone revenues not projected on Janu- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 32 •HR 6800 IH ary 31, 2020 stemming from the public health emergency, 1 or its negative economic impacts, with respect to the 2 Coronavirus Disease (COVID–19): Provided further, That 3 if the Inspector General of the Department of the Treas- 4 ury determines that an entity receiving a payment from 5 amounts provided under this heading has failed to comply 6 with the preceding proviso, the amount equal to the 7 amount of funds used in violation of such subsection shall 8 be booked as a debt of such entity owed to the Federal 9 Government, and any amounts recovered under this sub- 10 section shall be deposited into the general fund of the 11 Treasury as discretionary offsetting receipts: Provided fur- 12 ther, That nothing in paragraph (1) or (2) shall be con- 13 strued as prohibiting a unit of general local government 14 that has formed a consolidated government, or that is geo- 15 graphically contained (in full or in part) within the bound- 16 aries of another unit of general local government from re- 17 ceiving a distribution under each of subparagraphs (A) 18 and (B) under paragraph (1) or under paragraph (2), as 19 applicable, based on the respective formulas specified con- 20 tained therein: Provided further, That the amounts other- 21 wise determined for distribution to units of local govern- 22 ment under each of subparagraphs (A) and (B) under 23 paragraph (1) and under paragraph (2) shall each be ad- 24 justed by the Secretary of the Treasury on a pro rata basis 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 33 •HR 6800 IH to the extent necessary to comply with the amount appro- 1 priated and the requirements specified in each paragraph 2 and subparagraph, as applicable: Provided further, That 3 as used under this heading in this Act, the term ‘‘county’’ 4 means a county, parish, or other equivalent county divi- 5 sion (as defined by the Bureau of the Census): Provided 6 further, That for purposes of the preceding provisos under 7 this heading in this Act, the population of an entity shall 8 be determined based on the most recent year for which 9 data are available from the Bureau of the Census: Pro- 10 vided further, That such amount is designated by Congress 11 as being for an emergency requirement pursuant to sec- 12 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 13 gency Deficit Control Act of 1985. 14 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS 15 FUND PROGRAM ACCOUNT 16 (INCLUDING TRANSFER OF FUNDS) 17 For an additional amount for the ‘‘Community Devel- 18 opment Financial Institutions Fund Program Account’’, 19 $1,000,000,000, to remain available until September 30, 20 2021, to prevent, prepare for, and respond to coronavirus: 21 Provided, That the Community Development Financial In- 22 stitutions Fund (CDFI) shall provide grants using a for- 23 mula that takes into account criteria such as certification 24 status, financial and compliance performance, portfolio 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 34 •HR 6800 IH and balance sheet strength, and program capacity: Pro- 1 vided further, That no less than $25,000,000 may be for 2 financial assistance, technical assistance, and training and 3 outreach programs designed to benefit Native American, 4 Native Hawaiian, and Alaska Native communities: Pro- 5 vided further, That the CDFI Fund shall make funds 6 available under this subsection within 60 days of the date 7 of enactment of this Act: Provided further, That funds 8 made available under this heading may be used for admin- 9 istrative expenses, including administration of CDFI 10 Fund programs and the New Markets Tax Credit Pro- 11 gram: Provided further, That such amount is designated 12 by the Congress as being for an emergency requirement 13 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 14 et and Emergency Deficit Control Act of 1985. 15 ADMINISTRATIVE PROVISION—INTERNAL REVENUE 16 SERVICE 17 (INCLUDING TRANSFER OF FUNDS) 18 SEC. 10301. In addition to the amounts otherwise 19 available to the Internal Revenue Service in fiscal year 20 2020, $520,000,000, to remain available until September 21 30, 2021, shall be available to prevent, prepare for, and 22 respond to coronavirus, including for costs associated with 23 the extended filing season: Provided, That such funds may 24 be transferred by the Commissioner to the ‘‘Taxpayer 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 35 •HR 6800 IH Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ ac- 1 counts of the Internal Revenue Service for an additional 2 amount to be used solely to prevent, prepare for, and re- 3 spond to coronavirus, domestically or internationally: Pro- 4 vided further, That the Committees on Appropriations of 5 the House of Representatives and the Senate shall be noti- 6 fied in advance of any such transfer: Provided further, 7 That such transfer authority is in addition to any other 8 transfer authority provided by law: Provided further, That 9 not later than 30 days after the date of enactment of this 10 Act, the Commissioner shall submit to the Committees on 11 Appropriations of the House of Representatives and the 12 Senate a spending plan for such funds: Provided further, 13 That such amount is designated by the Congress as being 14 for an emergency requirement pursuant to section 15 251(b)(2)(A)(i) of the Balanced Budget and Emergency 16 Deficit Control Act of 1985. 17 INDEPENDENT AGENCIES 18 ELECTION ASSISTANCE COMMISSION 19 ELECTION RESILIENCE GRANTS 20 (INCLUDING TRANSFER OF FUNDS) 21 For an additional amount for payments by the Elec- 22 tion Assistance Commission to States for contingency 23 planning, preparation, and resilience of elections for Fed- 24 eral office, $3,600,000,000, to remain available until Sep- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 36 •HR 6800 IH tember 30, 2021: Provided, That of the amount provided 1 under this heading, up to $5,000,000 may be transferred 2 to and merged with ‘‘Election Assistance Commission— 3 Salaries and Expenses’’: Provided further, That under this 4 heading the term ‘‘State’’ means each of the 50 States, 5 the District of Columbia, the Commonwealth of Puerto 6 Rico, Guam, American Samoa, the United States Virgin 7 Islands, and the Commonwealth of the Northern Mariana 8 Islands: Provided further, That the amount of the pay- 9 ments made to a State under this heading shall be con- 10 sistent with section 103 of the Help America Vote Act of 11 2002 (52 U.S.C. 20903): Provided further, That for the 12 purposes of the preceding proviso, each reference to 13 ‘‘$5,000,000’’ in such section 103 shall be deemed to refer 14 to ‘‘$7,500,000’’: Provided further, That not later than 30 15 days after the date of enactment of this Act, the Election 16 Assistance Commission shall obligate the funds to States 17 under this heading in this Act: Provided further, That not 18 less than 50 percent of the amount of the payment made 19 to a State under this heading in this Act shall be allocated 20 in cash or in kind to the units of local government which 21 are responsible for the administration of elections for Fed- 22 eral office in the State: Provided further, That such 23 amount is designated by the Congress as being for an 24 emergency requirement pursuant to section 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 37 •HR 6800 IH 251(b)(2)(A)(i) of the Balanced Budget and Emergency 1 Deficit Control Act of 1985. 2 ADMINISTRATIVE PROVISION—ELECTION ASSISTANCE 3 COMMISSION 4 SEC. 10302. (a) The last proviso under the heading 5 ‘‘Election Assistance Commission—Election Security 6 Grants’’ in the Financial Services and General Govern- 7 ment Appropriations Act, 2020 (division C of Public Law 8 116–93; 133 Stat. 2461) shall not apply with respect to 9 any payment made to a State using funds appropriated 10 or otherwise made available to the Election Assistance 11 Commission under the Coronavirus Aid, Relief, and Eco- 12 nomic Security Act (Public Law 116–136). 13 (b) The first proviso under the heading ‘‘Election As- 14 sistance Commission—Election Security Grants’’ in the 15 Coronavirus Aid, Relief, and Economic Security Act (Pub- 16 lic Law 116–136) is amended by striking ‘‘within 20 days 17 of each election in the 2020 Federal election cycle in that 18 State,’’ and inserting ‘‘not later than October 30, 2021,’’. 19 (c) The fourth proviso under the heading ‘‘Election 20 Assistance Commission—Election Security Grants’’ in the 21 Coronavirus Aid, Relief, and Economic Security Act (Pub- 22 lic Law 116–136) is amended by striking ‘‘December 31, 23 2020’’ and inserting ‘‘September 30, 2021’’. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 38 •HR 6800 IH (d) Notwithstanding any requirement that a State 1 legislature appropriate and release any funds made avail- 2 able under the Help America Vote Act of 2002, the chief 3 election official of each State shall have access to the funds 4 made available under the heading ‘‘Election Assistance 5 Commission—Election Security Grants’’ in the 6 Coronavirus Aid, Relief, and Economic Security Act (Pub- 7 lic Law 116–136) without any such action by the State 8 legislature. 9 (e) A State may elect to reallocate funds allocated 10 under the heading ‘‘Election Assistance Commission— 11 Election Security Grants’’ in the Coronavirus Aid, Relief, 12 and Economic Security Act (Public Law 116–136) as 13 funds allocated under the heading ‘‘Election Assistance 14 Commission—Election Security Grants’’ in the Financial 15 Services and General Government Appropriations Act, 16 2020 (division C of Public Law 116–93; 133 Stat. 2461) 17 that were spent to prevent, prepare for, and respond to 18 coronavirus, domestically or internationally, for the 2020 19 Federal election cycle; or funds allocated under the head- 20 ing ‘‘Election Assistance Commission—Election Reform 21 Program’’ in the Financial Services and Government Ap- 22 propriations Act, 2018 (division E of Public Law 115– 23 141) that were spent to prevent, prepare for, and respond 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 39 •HR 6800 IH to coronavirus, domestically or internationally, for the 1 2020 Federal election cycle. 2 (f) This section shall take effect as if included in the 3 enactment of the Coronavirus Aid, Relief, and Economic 4 Security Act (Public Law 116–136). 5 (g) The amounts repurposed in this section that were 6 previously designated by the Congress as an emergency 7 requirement pursuant to the Balanced Budget and Emer- 8 gency Deficit Control Act of 1985 are designated by the 9 Congress as an emergency requirement pursuant to sec- 10 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 11 gency Deficit Control Act of 1985. 12 FEDERAL COMMUNICATIONS COMMISSION 13 SALARIES AND EXPENSES 14 For an additional amount for ‘‘Salaries and Ex- 15 penses’’, $24,000,000, to remain available until September 16 30, 2021, for implementing title VIII of the Communica- 17 tions Act of 1934 (47 U.S.C. 641 et seq.), as added by 18 the Broadband DATA Act (Public Law 116–130): Pro- 19 vided, That such amount is designated by the Congress 20 as being for an emergency requirement pursuant to sec- 21 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 22 gency Deficit Control Act of 1985. 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 40 •HR 6800 IH EMERGENCY CONNECTIVITY FUND 1 For an additional amount for the ‘‘Emergency 2 Connectivity Fund’’, $1,500,000,000, to remain available 3 until September 30, 2021, to prevent, prepare for, and re- 4 spond to coronavirus, domestically or internationally, 5 through the provision of funding for Wi-fi hotspots, other 6 equipment, connected devices, and advanced telecommuni- 7 cations and information services to schools and libraries 8 as authorized in section 130201: Provided, That such 9 amount is designated by the Congress as being for an 10 emergency requirement pursuant to section 11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 12 Deficit Control Act of 1985. 13 EMERGENCY BROADBAND CONNECTIVITY FUND 14 For an additional amount for the ‘‘Emergency 15 Broadband Connectivity Fund’’, $4,000,000,000, to re- 16 main available until September 30, 2021, to prevent, pre- 17 pare for, and respond to coronavirus, domestically or 18 internationally, through the provision of an emergency 19 benefit for broadband service as authorized in section 20 130301: Provided, That such amount is designated by the 21 Congress as being for an emergency requirement pursuant 22 to section 251(b)(2)(A)(i) of the Balanced Budget and 23 Emergency Deficit Control Act of 1985. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 41 •HR 6800 IH GENERAL SERVICES ADMINISTRATION 1 TECHNOLOGY MODERNIZATION FUND 2 For an additional amount for the ‘‘Technology Mod- 3 ernization Fund’’, $1,000,000,000, to remain available 4 until September 30, 2022, for technology-related mod- 5 ernization activities to prevent, prepare for, and respond 6 to coronavirus, domestically or internationally: Provided, 7 That such amount is designated by the Congress as being 8 for an emergency requirement pursuant to section 9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 OFFICE OF PERSONNEL MANAGEMENT 12 OFFICE OF INSPECTOR GENERAL 13 SALARIES AND EXPENSES 14 For an additional amount for ‘‘Salaries and Ex- 15 penses’’, $1,000,000, to remain available until expended 16 to prevent, prepare for, and respond to coronavirus, do- 17 mestically or internationally: Provided, That such amount 18 is designated by the Congress as being for an emergency 19 requirement pursuant to section 251(b)(2)(A)(i) of the 20 Balanced Budget and Emergency Deficit Control Act of 21 1985. 22 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 42 •HR 6800 IH SMALL BUSINESS ADMINISTRATION 1 EMERGENCY EIDL GRANTS 2 For an additional amount for ‘‘Emergency EIDL 3 Grants’’ for the cost of emergency EIDL grants author- 4 ized by section 1110 of division A of the CARES Act 5 (Public Law 116–136), $10,000,000,000, to remain avail- 6 able until expended, to prevent, prepare for, and respond 7 to coronavirus, domestically or internationally: Provided, 8 That such amount is designated by the Congress as being 9 for an emergency requirement pursuant to section 10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985. 12 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS 13 ADMINISTRATION 14 SEC. 10303. (a) The third proviso under the heading 15 ‘‘Small Business Administration—Business Loans Pro- 16 gram Account’’ the Financial Services and General Gov- 17 ernment Appropriations Act, 2020 (division C of Public 18 Law 116–93) is amended by striking ‘‘$30,000,000,000’’ 19 and inserting ‘‘$75,000,000,000’’. 20 (b) The sixth proviso under the heading ‘‘Small Busi- 21 ness Administration—Business Loans Program Account’’ 22 the Financial Services and General Government Appro- 23 priations Act, 2020 (division C of Public Law 116–93) 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 43 •HR 6800 IH is amended by striking ‘‘$12,000,000,000’’ and inserting 1 ‘‘$35,000,000,000’’. 2 UNITED STATES POSTAL SERVICE 3 PAYMENT TO POSTAL SERVICE FUND 4 For an additional payment to the ‘‘Postal Service 5 Fund’’, for revenue forgone due to coronavirus, 6 $25,000,000,000, to remain available until September 30, 7 2022: Provided, That the Postal Service, during the 8 coronavirus emergency, shall prioritize the purchase of, 9 and make available to all Postal Service employees and 10 facilities, personal protective equipment, including gloves, 11 masks, and sanitizers, and shall conduct additional clean- 12 ing and sanitizing of Postal Service facilities and delivery 13 vehicles: Provided further, That such amount is designated 14 by the Congress as being for an emergency requirement 15 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 16 et and Emergency Deficit Control Act of 1985. 17 OFFICE OF INSPECTOR GENERAL 18 SALARIES AND EXPENSES 19 For an additional amount for ‘‘Salaries and Ex- 20 penses’’, $15,000,000, to remain available until expended, 21 to prevent, prepare for, and respond to coronavirus, do- 22 mestically or internationally: Provided, That such amount 23 is designated by the Congress as being for an emergency 24 requirement pursuant to section 251(b)(2)(A)(i) of the 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 44 •HR 6800 IH Balanced Budget and Emergency Deficit Control Act of 1 1985. 2 GENERAL PROVISIONS—THIS TITLE 3 SEC. 10304. (a) Title V of division B of the CARES 4 Act (Public Law 116–136) is amended in the first proviso 5 under the heading ‘‘Independent Agencies—Pandemic Re- 6 sponse Accountability Committee’’ by inserting ‘‘or any 7 other Act (including Acts other than appropriations 8 Acts)’’ after ‘‘provided in this Act’’. 9 (b) Amounts repurposed under this section that were 10 previously designated by the Congress, respectively, as an 11 emergency requirement or as being for disaster relief pur- 12 suant to the Balanced Budget and Emergency Deficit 13 Control Act are designated by the Congress as being for 14 an emergency requirement pursuant to section 15 251(b)(2)(A)(i) of the Balanced Budget and Emergency 16 Deficit Control Act of 1985 or as being for disaster relief 17 pursuant to section 251(b)(2)(D) of the Balanced Budget 18 and Emergency Deficit Control Act of 1985. 19 SEC. 10305. Title V of division B of the CARES Act 20 (Public Law 116–136) is amended by striking the fifth 21 proviso under the heading ‘‘General Services Administra- 22 tion—Real Property Activities—Federal Buildings 23 Fund’’: Provided, That the amounts repurposed in this 24 section that were previously designated by the Congress 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 45 •HR 6800 IH as an emergency requirement pursuant to the Balanced 1 Budget and Emergency Deficit Control Act of 1985 are 2 designated by the Congress as an emergency requirement 3 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 4 et and Emergency Deficit Control Act of 1985. 5 SEC. 10306. For an additional amount for ‘‘Depart- 6 ment of the Treasury—Departmental Offices— 7 Coronavirus Relief Fund’’, an amount equal to— 8 (1) $1,250,000,000; less 9 (2) the amount allocated for the District of Co- 10 lumbia pursuant to section 601(c)(6) of the Social 11 Security Act: 12 Provided, That such amounts shall only be available for 13 making a payment to the District of Columbia, and shall 14 be in addition to any other funds available for such pur- 15 pose: Provided further, That the Secretary of the Treasury 16 shall pay all amounts provided by this section directly to 17 the District of Columbia not less than 5 days after the 18 date of enactment of this Act: Provided further, That the 19 District of Columbia shall use such amounts only to cover 20 costs or replace foregone revenues stemming from the pub- 21 lic health emergency with respect to the Coronavirus Dis- 22 ease (COVID–19): Provided further, That such amount is 23 designated by Congress as being for an emergency require- 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 46 •HR 6800 IH ment pursuant to section 251(b)(2)(A)(i) of the Balanced 1 Budget and Emergency Deficit Control Act of 1985. 2 TITLE IV—HOMELAND SECURITY 3 DEPARTMENT OF HOMELAND SECURITY 4 OFFICE OF INSPECTOR GENERAL 5 OPERATIONS AND SUPPORT 6 For an additional amount for ‘‘Operations and Sup- 7 port’’, $3,000,000, to remain available until September 8 30, 2022, for oversight of activities of the Department of 9 Homeland Security funded in this Act and in title VI of 10 division B of Public Law 116–136 to prevent, prepare for, 11 and respond to coronavirus: Provided, That such amount 12 is designated by the Congress as being for an emergency 13 requirement pursuant to section 251(b)(2)(A)(i) of the 14 Balanced Budget and Emergency Deficit Control Act of 15 1985. 16 FEDERAL EMERGENCY MANAGEMENT AGENCY 17 FEDERAL ASSISTANCE 18 For an additional amount for ‘‘Federal Assistance’’, 19 $1,300,000,000, to remain available until September 30, 20 2021, to prevent, prepare for, and respond to coronavirus, 21 of which $500,000,000 shall be for Assistance to Fire- 22 fighter Grants for the purchase of personal protective 23 equipment and related supplies, mental health evaluations, 24 training, and temporary infectious disease de-contamina- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 47 •HR 6800 IH tion or sanitizing facilities and equipment; of which 1 $500,000,000 shall be for Staffing for Adequate Fire and 2 Emergency Response Grants; of which $100,000,000 shall 3 be for Emergency Management Performance Grants; and 4 of which $200,000,000 shall be for the Emergency Food 5 and Shelter Program: Provided, That such amount is des- 6 ignated by the Congress as being for an emergency re- 7 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 8 anced Budget and Emergency Deficit Control Act of 1985. 9 GENERAL PROVISIONS—THIS TITLE 10 SEC. 10401. Notwithstanding any other provision of 11 law, funds made available under ‘‘Federal Emergency 12 Management Agency—Federal Assistance’’ shall only be 13 used for the purposes specifically described under that 14 heading. 15 SEC. 10402. (a) Subsections (c)(2), (f), (g)(1), 16 (h)(1)–(4), (h)(6), and (k) of section 33 of the Federal 17 Fire Prevention and Control Act of 1974 (15 U.S.C. 18 2229) shall not apply to amounts appropriated for ‘‘Fed- 19 eral Emergency Management Agency – Federal Assist- 20 ance’’ for Assistance to Firefighter Grants in this Act and 21 in division D, title III of the Consolidated Appropriations 22 Act, 2020 (Public Law 116–93). 23 (b) Subsection (k) of section 33 of the Federal Fire 24 Prevention and Control Act of 1974 (15 U.S.C. 2229) 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 48 •HR 6800 IH shall not apply to Amounts provided for ‘‘Federal Emer- 1 gency Management Agency–Federal Assistance’’ for As- 2 sistance to Firefighter Grants in title VI of division B of 3 Public Law 116–136. 4 (c) Amounts repurposed under this section that were 5 previously designated by the Congress, respectively, as an 6 emergency requirement or as being for disaster relief pur- 7 suant to the Balanced Budget and Emergency Deficit 8 Control Act are designated by the Congress as being for 9 an emergency requirement pursuant to section 10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985 or as being for disaster relief 12 pursuant to section 251(b)(2)(D) of the Balanced Budget 13 and Emergency Deficit Control Act of 1985. 14 SEC. 10403. Subsections (a)(1)(A), (a)(1)(B), 15 (a)(1)(E), (a)(1)(G), (c)(1), (c)(2), and (c)(4) of section 16 34 of the Federal Fire Prevention and Control Act of 1974 17 (15 U.S.C. 2229a) shall not apply to amounts appro- 18 priated for ‘‘Federal Emergency Management Agency – 19 Federal Assistance’’ for Staffing for Adequate Fire and 20 Emergency Response Grants in this Act and in division 21 D, title III of the Consolidated Appropriations Act, 2020 22 (Public Law 116–93). 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 49 •HR 6800 IH TITLE V—INTERIOR, ENVIRONMENT, AND 1 RELATED AGENCIES 2 DEPARTMENT OF THE INTERIOR 3 UNITED STATES FISH AND WILDLIFE SERVICE 4 RESOURCE MANAGEMENT 5 For an additional amount for ‘‘Resource Manage- 6 ment’’, $21,000,000, to remain available until expended 7 for research; listing injurious species; electronic permitting 8 system development; operation and maintenance; law en- 9 forcement interdiction and inspections; and other support 10 activities, as described in sections 190402, 190403, and 11 190404 of division S of this Act: Provided, That amounts 12 may be transferred to ‘‘Surveys, Investigations and Re- 13 search’’ in the United States Geological Survey; ‘‘National 14 Oceanic and Atmospheric Administration’’ in the Depart- 15 ment of Commerce; and the ‘‘Center for Disease Control’’ 16 in the Department of Health and Human Services: Pro- 17 vided further, That such amount is designated by the Con- 18 gress as being for an emergency requirement pursuant to 19 section 251(b)(2)(A)(i) of the Balanced Budget and 20 Emergency Deficit Control Act of 1985. 21 STATE AND TRIBAL WILDLIFE GRANTS 22 For an additional amount for ‘‘State and Tribal 23 Wildlife Grants’’, $50,000,000, to remain available until 24 expended, for a onetime grant program to remain available 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 50 •HR 6800 IH until expended, as described in section 190405 of division 1 S of this Act: Provided, That such amount is designated 2 by the Congress as being for an emergency requirement 3 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 4 et and Emergency Deficit Control Act of 1985. 5 UNITED STATES GEOLOGICAL SURVEY 6 SURVEYS, INVESTIGATIONS, AND RESEARCH 7 For an additional amount for ‘‘Surveys, Investiga- 8 tions, and Research’’, $40,000,000, to remain available 9 until September 30, 2021, for technical assistance, bio- 10 surveillance of wildlife and environmental persistence 11 studies and related research, database development, and 12 accompanying activities as described in section 190404 of 13 division S of this Act: Provided, That such amount is des- 14 ignated by the Congress as being for an emergency re- 15 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 16 anced Budget and Emergency Deficit Control Act of 1985. 17 BUREAU OF INDIAN AFFAIRS 18 OPERATION OF INDIAN PROGRAMS 19 For an additional amount for ‘‘Operation of Indian 20 Programs’’, $900,000,000, to remain available until Sep- 21 tember 30, 2021, to prevent, prepare for, and respond to 22 coronavirus, of which— 23 (1) $100,000,000 shall be for housing improve- 24 ment; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 51 •HR 6800 IH (2) $780,000,000 shall be for providing Tribal 1 government services, for Tribal government em- 2 ployee salaries to maintain operations, and cleaning 3 and sanitization of Tribally owned and operated fa- 4 cilities; and 5 (3) $20,000,000 shall be used to provide and 6 deliver potable water; and, 7 Provided, That none of the funds appropriated herein shall 8 be obligated until 3 days after the Bureau of Indian Af- 9 fairs provides a detailed spend plan, which includes dis- 10 tribution and use of funds by Tribe, to the Committees 11 on Appropriations of the House of Representatives and the 12 Senate: Provided further, That the Bureau shall notify the 13 Committees on Appropriations of the House of Represent- 14 atives and the Senate quarterly on the obligations and ex- 15 penditures of the funds provided by this Act: Provided fur- 16 ther, That assistance received herein shall not be included 17 in the calculation of funds received by those Tribal govern- 18 ments who participate in the ‘‘Small and Needy’’ program: 19 Provided further, That such amounts, if transferred to In- 20 dian Tribes and Tribal organizations under the Indian 21 Self-Determination and Education Assistance Act (1) will 22 be transferred on a one-time basis, (2) are non-recurring 23 funds that are not part of the amount required by 25 24 U.S.C. 5325, and (3) may only be used for the purposes 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 52 •HR 6800 IH identified under this heading in this Act, notwithstanding 1 any other provision of law: Provided further, That section 2 11008 of this Act shall not apply to tribal contracts en- 3 tered into by the Bureau of Indian Affairs with this appro- 4 priation: Provided further, That such amount is designated 5 by the Congress as being for an emergency requirement 6 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 7 et and Emergency Deficit Control Act of 1985. 8 DEPARTMENTAL OFFICES 9 INSULAR AFFAIRS 10 ASSISTANCE TO TERRITORIES 11 For an additional amount for ‘‘Assistance to Terri- 12 tories’’, $1,000,000,000, to remain available until ex- 13 pended, to prevent, prepare for, and respond to 14 coronavirus, of which (1) $945,000,000 is for Capital Im- 15 provement Project grants for hospitals and other critical 16 infrastructure; and (2) $55,000,000 is for territorial as- 17 sistance, including general technical assistance: Provided, 18 That any appropriation for disaster assistance under this 19 heading in this Act or previous appropriations Acts may 20 be used as non-Federal matching funds for the purpose 21 of hazard mitigation grants provided pursuant to section 22 404 of the Robert T. Stafford Disaster Relief and Emer- 23 gency Assistance Act (42 U.S.C. 5170c): Provided further, 24 That amounts repurposed in this section that were pre- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 53 •HR 6800 IH viously designated by the Congress as an emergency re- 1 quirement pursuant to the Balanced Budget and Emer- 2 gency Deficit Control Act of 1985 are designated by the 3 Congress as an emergency requirement pursuant to sec- 4 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 5 gency Deficit Control Act of 1985: Provided further, That 6 such amount is designated by the Congress as being for 7 an emergency requirement pursuant to section 8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 9 Deficit Control Act of 1985. 10 OFFICE OF INSPECTOR GENERAL 11 SALARIES AND EXPENSES 12 For an additional amount for ‘‘Salaries and Ex- 13 penses’’ , $5,000,000, to remain available until expended: 14 Provided, That such amount is designated by the Congress 15 as being for an emergency requirement pursuant to sec- 16 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 17 gency Deficit Control Act of 1985. 18 ENVIRONMENTAL PROTECTION AGENCY 19 ENVIRONMENTAL PROGRAMS AND MANAGEMENT 20 For an additional amount for ‘‘Environmental Pro- 21 grams and Management’’, $50,000,000, to remain avail- 22 able until September 30, 2021, for environmental justice 23 grants to prevent, prepare for, and respond to coronavirus: 24 Provided, That such amount shall be used to monitor or 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 54 •HR 6800 IH study links between pollution exposure and the trans- 1 mission and health outcomes of coronavirus as described 2 in section 190702 of division S of this Act: Provided fur- 3 ther, That such amount is designated by the Congress as 4 being for an emergency requirement pursuant to section 5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 6 Deficit Control Act of 1985. 7 DEPARTMENT OF HEALTH AND HUMAN 8 SERVICES 9 INDIAN HEALTH SERVICE 10 INDIAN HEALTH SERVICES 11 (INCLUDING TRANSFER OF FUNDS) 12 For an additional amount for ‘‘Indian Health Serv- 13 ices’’, $2,100,000,000, to remain available until expended, 14 to prevent, prepare for, respond to, and provide health 15 services related to coronavirus, of which— 16 (1) $1,000,000,000 shall be used to supplement 17 reduced third party revenue collections; 18 (2) $500,000,000 shall be used for direct health 19 and telehealth services, including to purchase sup- 20 plies and personal protective equipment; 21 (3) $140,000,000 shall be used to expand 22 broadband infrastructure and information tech- 23 nology for telehealth and electronic health record 24 system purposes; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 55 •HR 6800 IH (4) $20,000,000 shall be used to address the 1 needs of domestic violence victims and homeless indi- 2 viduals and families; 3 (5) not less than $64,000,000 shall be for 4 Urban Indian Organizations; and, 5 (6) not less than $10,000,000 shall be used to 6 provide and deliver potable water: 7 Provided, That such funds shall be allocated at the discre- 8 tion of the Director of the Indian Health Service: Provided 9 further, That of the funds provided herein, not less than 10 $366,000,000 shall be transferred to and merged with 11 ‘‘Indian Health Service—Indian Health Facilities’’ at the 12 discretion of the Director to modify existing health facili- 13 ties to provide isolation or quarantine space, to purchase 14 and install updated equipment necessary, and for mainte- 15 nance and improvement projects necessary to the purposes 16 specified in this Act: Provided further, That such amounts 17 may be used to supplement amounts otherwise available 18 for such purposes under ‘‘Indian Health Facilities’’: Pro- 19 vided further, That such amounts, if transferred to Tribes 20 and Tribal organizations under the Indian Self-Deter- 21 mination and Education Assistance Act, will be trans- 22 ferred on a one-time basis and that these non-recurring 23 funds are not part of the amount required by 25 U.S.C. 24 5325, and that such amounts may only be used for the 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 56 •HR 6800 IH purposes identified under this heading notwithstanding 1 any other provision of law: Provided further, That none 2 of the funds appropriated herein for telehealth broadband 3 activities shall be available for obligation until 3 days after 4 the Indian Health Service provides to the Committees on 5 Appropriations of the House of Representatives and the 6 Senate, a detailed spend plan that includes the cost, loca- 7 tion, and expected completion date of each activity: Pro- 8 vided further, That the Indian Health Service shall notify 9 the Committees on Appropriations of the House of Rep- 10 resentatives and the Senate quarterly on the obligations 11 and expenditures of the funds provided by this Act: Pro- 12 vided further, That section 11008 of this Act shall not 13 apply to tribal contracts entered into by the Bureau of 14 Indian Affairs with this appropriation: Provided further, 15 That such amount is designated by the Congress as being 16 for an emergency requirement pursuant to section 17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES 20 NATIONAL ENDOWMENT FOR THE ARTS 21 GRANTS AND ADMINISTRATION 22 For an additional amount for ‘‘Grants and Adminis- 23 tration’’, $10,000,000 to remain available until September 24 30, 2021, for grants to respond to the impacts of 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 57 •HR 6800 IH coronavirus: Provided, That such funds are available 1 under the same terms and conditions as grant funding ap- 2 propriated to this heading in Public Law 116–94: Pro- 3 vided further, That 40 percent of such funds shall be dis- 4 tributed to State arts agencies and regional arts organiza- 5 tions and 60 percent of such funds shall be for direct 6 grants: Provided further, That notwithstanding any other 7 provision of law, such funds may also be used by the re- 8 cipients of such grants for purposes of the general oper- 9 ations of such recipients: Provided further, That the 10 matching requirements under subsections (e), (g)(4)(A), 11 and (p)(3) of section 5 of the National Foundation on the 12 Arts and Humanities Act of 1965 (20 U.S.C. 954) may 13 be waived with respect to such grants: Provided further, 14 That such amount is designated by the Congress as being 15 for an emergency requirement pursuant to section 16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 17 Deficit Control Act of 1985. 18 NATIONAL ENDOWMENT FOR THE HUMANITIES 19 GRANTS AND ADMINISTRATION 20 For an additional amount for ‘‘Grants and Adminis- 21 tration’’, $10,000,000 to remain available until September 22 30, 2021, for grants to respond to the impacts of 23 coronavirus: Provided, That such funds are available 24 under the same terms and conditions as grant funding ap- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 58 •HR 6800 IH propriated to this heading in Public Law 116–94: Pro- 1 vided further, That 40 percent of such funds shall be dis- 2 tributed to state humanities councils and 60 percent of 3 such funds shall be for direct grants: Provided further, 4 That notwithstanding any other provision of law, such 5 funds may also be used by the recipients of such grants 6 for purposes of the general operations of such recipients: 7 Provided further, That the matching requirements under 8 subsection (h)(2)(A) of section 7 of the National Founda- 9 tion on the Arts and Humanities Act of 1965 may be 10 waived with respect to such grants: Provided further, That 11 such amount is designated by the Congress as being for 12 an emergency requirement pursuant to section 13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 14 Deficit Control Act of 1985. 15 TITLE VI—DEPARTMENTS OF LABOR, HEALTH 16 AND HUMAN SERVICES, AND EDUCATION, 17 AND RELATED AGENCIES 18 DEPARTMENT OF LABOR 19 EMPLOYMENT AND TRAINING ADMINISTRATION 20 TRAINING AND EMPLOYMENT SERVICES 21 (INCLUDING TRANSFER OF FUNDS) 22 For an additional amount for ‘‘Training and Employ- 23 ment Services’’, $2,040,000,000, to prevent, prepare for, 24 and respond to coronavirus, of which $15,000,000 shall 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 59 •HR 6800 IH be transferred to ‘‘Program Administration’’ to carry out 1 activities in this Act, Public Law 116–127 and Public Law 2 116–136 for full-time equivalent employees, information 3 technology upgrades needed to expedite payments and 4 support implementation, including to expedite policy guid- 5 ance and disbursement of funds, technical assistance and 6 other assistance to States and territories to speed payment 7 of Federal and State unemployment benefits,and of which 8 the remaining amounts shall be used to carry out activities 9 under the Workforce Innovation and Opportunity Act (re- 10 ferred to in this Act as ‘‘WIOA’’) as follows: 11 (1) $485,000,000 for grants to the States for 12 adult employment and training activities, including 13 incumbent worker trainings, transitional jobs, on- 14 the-job training, individualized career services, sup- 15 portive services, needs-related payments, and to fa- 16 cilitate remote access to training services provided 17 through a one-stop delivery system through the use 18 of technology, to remain available until June 30, 19 2021: Provided, That an adult shall not be required 20 to meet the requirements of section 134(c)(3)(B) of 21 the WIOA: Provided further, That an adult who 22 meets the requirements described in section 23 2102(a)(3)(A) of Public Law 116–136 may be eligi- 24 ble for participation: Provided further, That priority 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 60 •HR 6800 IH may be given to individuals who are adversely im- 1 pacted by economic changes due to the coronavirus, 2 including individuals seeking employment, dislocated 3 workers, individuals with barriers to employment, in- 4 dividuals who are unemployed, or individuals who 5 are underemployed; 6 (2) $518,000,000 for grants to the States for 7 youth activities, including supportive services, sum- 8 mer employment for youth, and to facilitate remote 9 access to training services provided through a one- 10 stop delivery system through the use of technology, 11 to remain available until June 30, 2021: Provided, 12 That individuals described in section 2102(a)(3)(A) 13 of Public Law 116–136 may be eligible for participa- 14 tion as an out-of-school youth if they meet the re- 15 quirements of clauses (i) and (ii) of section 16 129(a)(1)(B) or as in-school youth if they meet the 17 requirements of clauses (i) and (iii) of section 18 129(a)(1)(C) of the WIOA; Provided further, That 19 priority shall be given for out-of-school youth and 20 youth with multiple barriers to employment: Pro- 21 vided further, That funds shall support employer 22 partnerships for youth employment and subsidized 23 employment, and partnerships with community- 24 based organizations to support such employment; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 61 •HR 6800 IH (3) $597,000,000 for grants to States for dis- 1 located worker employment and training activities, 2 including incumbent worker trainings, transitional 3 jobs, on-the-job training, individualized career serv- 4 ices, supportive services, needs-related payments, 5 and to facilitate remote access to training services 6 provided through a one-stop delivery system through 7 the use of technology, to remain available until June 8 30, 2021: Provided, That a dislocated worker shall 9 not be required to meet the requirements of section 10 134(c)(3)(B) of the WIOA: Provided further, That a 11 dislocated worker who meets the requirements de- 12 scribed in section 2102(a)(3)(A) of Public Law 116– 13 136 may be eligible for participation; 14 (4) $400,000,000 for the dislocated workers as- 15 sistance national reserve to remain available until 16 September 30, 2023; and 17 (5) $25,000,000 for migrant and seasonal 18 farmworker programs under section 167 of the 19 WIOA, including emergency supportive services, to 20 remain available until June 30, 2021, of which no 21 less than $500,000 shall be for the collection and 22 dissemination of electronic and printed materials re- 23 lated to coronavirus to the migrant and seasonal 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 62 •HR 6800 IH farmworker population nationwide, including Puerto 1 Rico, through a cooperative agreement; 2 Provided, That the impact of the COVID–19 national 3 emergency may be considered as an additional factor for 4 reimbursement for on-the-job training under section 5 134(c)(3)(H) of the WIOA and as a factor in determining 6 the employer’s portion of the costs of providing customized 7 training under section 3(14) of the WIOA: Provided fur- 8 ther, That notwithstanding section 134(d)(5) of the 9 WIOA, a local board may use 40 percent of funds received 10 under paragraphs (1) and (3) for transitional jobs: Pro- 11 vided further, That notwithstanding section 194(10) of the 12 WIOA, that funds used to support transitional jobs may 13 also be used to support public service employment: Pro- 14 vided further, That sections 127(b)(1)(C)(iv)(III), 15 132(b)(1)(B)(iv)(III), and 132(b)(2)(B)(iii)(II) shall not 16 apply to funds appropriated under this heading: Provided 17 further, That such amount is designated by the Congress 18 as being for an emergency requirement pursuant to sec- 19 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 20 gency Deficit Control Act of 1985. 21 WAGE AND HOUR DIVISION 22 SALARIES AND EXPENSES 23 For an additional amount for ‘‘Wage and Hour Divi- 24 sion’’, $6,500,000, to remain available until September 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 63 •HR 6800 IH 30, 2021, to prevent, prepare for, and respond to 1 coronavirus, including for the administration, oversight, 2 and coordination of worker protection activities related 3 thereto: Provided, That the Secretary of Labor shall use 4 funds provided under this heading to support enforcement 5 activities and outreach efforts to make individuals, par- 6 ticularly low-wage workers, aware of their rights under di- 7 vision C and division E of Public Law 116–127: Provided 8 further, That such amount is designated by the Congress 9 as being for an emergency requirement pursuant to sec- 10 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 11 gency Deficit Control Act of 1985. 12 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 13 SALARIES AND EXPENSES 14 For an additional amount for ‘‘Occupational Safety 15 and Health Administration’’, $100,000,000, to remain 16 available until September 30, 2021, for worker protection 17 and enforcement activities to prevent, prepare for, and re- 18 spond to coronavirus, of which $25,000,000 shall be for 19 Susan Harwood training grants and at least $70,000,000 20 shall be to hire additional compliance safety and health 21 officers, and for state plan enforcement, to protect work- 22 ers from coronavirus by enforcing all applicable standards 23 and directives, including 29 CFR 1910.132, 29 CFR 24 1910.134, Section 5(a)(1) of the Occupational Safety and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 64 •HR 6800 IH Health Act of 1970, and 29 CFR 1910.1030: Provided, 1 That activities to protect workers from coronavirus sup- 2 ported by funds provided under this heading includes addi- 3 tional enforcement of standards and directives referenced 4 in the preceding proviso at slaughterhouses, poultry proc- 5 essing plants, and agricultural workplaces: Provided fur- 6 ther, That within 15 days of the date of enactment of this 7 Act, the Secretary of Labor shall submit a spending and 8 hiring plan for the funds made available under this head- 9 ing, and a monthly staffing report until all funds are ex- 10 pended, to the Committees on Appropriations of the 11 House of Representatives and the Senate: Provided fur- 12 ther, That within 15 days of the date of enactment of this 13 Act, the Secretary of Labor shall submit a plan for the 14 additional enforcement activities described in the third 15 proviso to the Committees on Appropriations of the House 16 of Representatives and the Senate: Provided further, That 17 such amount is designated by the Congress as being for 18 an emergency requirement pursuant to section 19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 20 Deficit Control Act of 1985. 21 OFFICE OF INSPECTOR GENERAL 22 For an additional amount for ‘‘Office of Inspector 23 General’’, $5,000,000, to remain available until expended, 24 to prevent, prepare for, and respond to coronavirus. Pro- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 65 •HR 6800 IH vided, That such amount is designated by the Congress 1 as being for an emergency requirement pursuant to sec- 2 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 3 gency Deficit Control Act of 1985. 4 ADMINISTRATIVE PROVISION—DEPARTMENT OF LABOR 5 SEC. 10601. There is hereby appropriated for fiscal 6 year 2021 for ‘‘Department of Labor—Employment 7 Training Administration—State Unemployment Insur- 8 ance and Employment Service Operations’’, $28,600,000, 9 to be expended from the Employment Security Adminis- 10 tration Account in the Unemployment Trust Fund (‘‘the 11 Trust Fund’’) to carry out title III of the Social Security 12 Act: Provided, That such amount shall only become avail- 13 able for obligation if the Average Weekly Insured Unem- 14 ployment (‘‘AWIU’’) for fiscal year 2021 is projected, by 15 the Department of Labor during fiscal year 2021 to ex- 16 ceed 1,728,000: Provided further, That to the extent that 17 the AWIU for fiscal year 2021 is projected by the Depart- 18 ment of Labor to exceed 1,728,000, an additional 19 $28,600,000 from the Trust Fund shall be made available 20 for obligation during fiscal year 2021 for every 100,000 21 increase in the AWIU level (including a pro rata amount 22 for any increment less than 100,000): Provided further, 23 That, except as specified in this section, amounts provided 24 herein shall be available under the same authority and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 66 •HR 6800 IH conditions applicable to funds provided to carry out title 1 III of the Social Security Act under the heading ‘‘Depart- 2 ment of Labor—Employment Training Administration— 3 State Unemployment Insurance and Employment Service 4 Operations’’ in division A of Public Law 116–94: Provided 5 further, That such amounts shall be in addition to any 6 other funds made available in any fiscal year for such pur- 7 poses: Provided further, That such amount is designated 8 by the Congress as being for an emergency requirement 9 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 10 et and Emergency Deficit Control Act of 1985. 11 DEPARTMENT OF HEALTH AND HUMAN 12 SERVICES 13 HEALTH RESOURCES AND SERVICES ADMINISTRATION 14 PRIMARY HEALTH CARE 15 For an additional amount for ‘‘Primary Health 16 Care’’, $7,600,000,000, to remain available until Sep- 17 tember 30, 2025, for necessary expenses to prevent, pre- 18 pare for, and respond to coronavirus, for grants and coop- 19 erative agreements under the Health Centers Program, as 20 defined by section 330 of the Public Health Service Act, 21 and for grants to Federally qualified health centers, as 22 defined in section 1861(aa)(4)(B) of the Social Security 23 Act, and for eligible entities under the Native Hawaiian 24 Health Care Improvement Act, including maintenance or 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 67 •HR 6800 IH expansion of health center and system capacity and staff- 1 ing levels: Provided, That sections 330(r)(2)(B), 2 330(e)(6)(A)(iii), and 330(e)(6)(B)(iii) shall not apply to 3 funds provided under this heading in this Act: Provided 4 further, That funds provided under this heading in this 5 Act may be used to (1) purchase equipment and supplies 6 to conduct mobile testing for SARS–CoV–2 or COVID– 7 19; (2) purchase and maintain mobile vehicles and equip- 8 ment to conduct such testing; and (3) hire and train lab- 9 oratory personnel and other staff to conduct such mobile 10 testing: Provided further, That such amount is designated 11 by the Congress as being for an emergency requirement 12 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 13 et and Emergency Deficit Control Act of 1985. 14 RYAN WHITE HIV/AIDS PROGRAM 15 For an additional amount for ‘‘Ryan White HIV/ 16 AIDS Program’’, $10,000,000, to remain available until 17 September 30, 2022, to prevent, prepare for, and respond 18 to coronavirus: Provided, That awards from funds pro- 19 vided under this heading in this Act shall be through 20 modifications to existing contracts and supplements to ex- 21 isting grants and cooperative agreements under parts A, 22 B, C, D, F, and section 2692(a) of title XXVI of the Pub- 23 lic Health Service Act: Provided further, That such supple- 24 ments shall be awarded using a data-driven methodology 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 68 •HR 6800 IH determined by the Secretary of Health and Human Serv- 1 ices: Provided further, That sections 2604(c), 2612(b), and 2 2651(c) of the Public Health Service Act shall not apply 3 to funds provided under this heading in this Act: Provided 4 further, That the Secretary may waive any penalties and 5 administrative requirements as necessary to ensure that 6 the funds may be used efficiently: Provided further, That 7 such amount is designated by the Congress as being for 8 an emergency requirement pursuant to section 9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 CENTERS FOR DISEASE CONTROL AND PREVENTION 12 CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT 13 For an additional amount for ‘‘CDC–Wide Activities 14 and Program Support’’, $2,130,000,000, to remain avail- 15 able until September 30, 2024, to prevent, prepare for, 16 and respond to coronavirus, domestically or internation- 17 ally: Provided, That of the amount provided under this 18 heading in this Act, $1,000,000,000 shall be for Public 19 Health Emergency Preparedness cooperative agreements 20 under section 319C–1 of the Public Health Service Act: 21 Provided further, That, of the amount provided under this 22 heading in this Act, $1,000,000,000 shall be for necessary 23 expenses for grants for core public health infrastructure 24 for State, local, Territorial, or Tribal health departments 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 69 •HR 6800 IH as described in section 30550 of division C of this Act: 1 Provided further, That of the amount made available 2 under this heading in this Act for specified programs, not 3 less than $100,000,000 shall be allocated to tribes, tribal 4 organizations, urban Indian health organizations, or 5 health service providers to tribes: Provided further, That 6 of the amount provided under this heading in this Act, 7 $130,000,000 shall be for public health data surveillance 8 and analytics infrastructure modernization: Provided fur- 9 ther, That funds appropriated under this heading in this 10 Act for grants may be used for the rent, lease, purchase, 11 acquisition, construction, alteration, or renovation of non- 12 Federally owned facilities to improve preparedness and re- 13 sponse capability at the State and local level: Provided fur- 14 ther, That all construction, alteration, or renovation work, 15 carried out, in whole or in part, with funds appropriated 16 under this heading in this Act, or under this heading in 17 the CARES ACT (P.L. 116–136), shall be subject to the 18 requirements of 42 U.S.C. 300s-1(b)(1)(I): Provided fur- 19 ther, That such amount is designated by the Congress as 20 being for an emergency requirement pursuant to section 21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985. 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 70 •HR 6800 IH NATIONAL INSTITUTES OF HEALTH 1 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS 2 DISEASES 3 For an additional amount for ‘‘National Institute of 4 Allergy and Infectious Diseases’’, $500,000,000, to re- 5 main available until September 30, 2024, to prevent, pre- 6 pare for, and respond to coronavirus: Provided, That such 7 amount is designated by the Congress as being for an 8 emergency requirement pursuant to section 9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 NATIONAL INSTITUTE OF MENTAL HEALTH 12 For an additional amount for ‘‘National Institute of 13 Mental Health’’, $200,000,000, to remain available until 14 September 30, 2024, to prevent, prepare for, and respond 15 to coronavirus: Provided, That such amount is designated 16 by the Congress as being for an emergency requirement 17 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 18 et and Emergency Deficit Control Act of 1985. 19 OFFICE OF THE DIRECTOR 20 (INCLUDING TRANSFER OF FUNDS) 21 For an additional amount for ‘‘Office of the Direc- 22 tor’’, $4,021,000,000, to remain available until September 23 30, 2024, to prevent, prepare for, and respond to 24 coronavirus, domestically or internationally: Provided. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 71 •HR 6800 IH That not less than $3,000,000,000 of the amount provided 1 under this heading in this Act shall be for offsetting the 2 costs related to reductions in lab productivity resulting 3 from the coronavirus pandemic or public health measures 4 related to the coronavirus pandemic: Provided further, 5 That up to $1,021,000,000 of the amount provided under 6 this heading in this Act shall be to support additional sci- 7 entific research or the programs and platforms that sup- 8 port research: Provided further, That funds made available 9 under this heading in this Act may be transferred to the 10 accounts of the Institutes and Centers of the National In- 11 stitutes of Health (‘‘NIH’’): Provided further, That this 12 transfer authority is in addition to any other transfer au- 13 thority available to the NIH: Provided further, That such 14 amount is designated by the Congress as being for an 15 emergency requirement pursuant to section 16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 17 Deficit Control Act of 1985. 18 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 19 ADMINISTRATION 20 HEALTH SURVEILLANCE AND PROGRAM SUPPORT 21 For an additional amount for ‘‘Health Surveillance 22 and Program Support’’, $3,000,000,000, to remain avail- 23 able until September 30, 2021, to prevent, prepare for, 24 and respond to coronavirus: Provided, That of the funds 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 72 •HR 6800 IH made available under this heading in this Act, 1 $1,500,000,000 shall be for grants for the substance 2 abuse prevention and treatment block grant program 3 under subpart II of part B of title XIX of the Public 4 Health Service Act (‘‘PHS Act’’): Provided further, That 5 of the funds made available under this heading in this Act, 6 $1,000,000,000 shall be for grants for the community 7 mental health services block grant program under subpart 8 I of part B of title XIX of the PHS Act: Provided further, 9 That of the funds made available under this heading in 10 this Act, $100,000,000 shall be for services to the home- 11 less population: Provided further, That of the funds made 12 available under this heading in this Act, $100,000,000 13 shall be for activities and services under Project AWARE: 14 Provided further, That of the funds made available under 15 this heading in this Act, $10,000,000 shall be for the Na- 16 tional Child Traumatic Stress Network: Provided further, 17 That of the amount made available under this heading in 18 this Act, $265,000,000 is available for activities author- 19 ized under section 501(o) of the Public Health Service 20 Act: Provided further, That of the amount made available 21 under this heading in this Act, $25,000,000 shall be for 22 the Suicide Lifeline and Disaster Distress Helpline: Pro- 23 vided further, That of the amount made available under 24 this heading in this Act for specified programs, not less 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 73 •HR 6800 IH than $150,000,000 shall be allocated to tribes, tribal orga- 1 nizations, urban Indian health organizations, or health or 2 behavioral health service providers to tribes: Provided fur- 3 ther, That the Substance Abuse and Mental Health Serv- 4 ices Administration has flexibility to amend allowable ac- 5 tivities, timelines, and reporting requirements for the Sub- 6 stance Abuse Prevention and Treatment Block Grant and 7 the Community Mental Health Services Block Grant pur- 8 suant to the public health emergency declaration: Provided 9 further, That such amount is designated by the Congress 10 as being for an emergency requirement pursuant to sec- 11 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 12 gency Deficit Control Act of 1985. 13 CENTERS FOR MEDICARE & MEDICAID SERVICES 14 PROGRAM MANAGEMENT 15 For an additional amount for ‘‘Program Manage- 16 ment’’, $150,000,000, to remain available through Sep- 17 tember 30, 2022, to prevent, prepare for, and respond to 18 coronavirus, for State strike teams for resident and em- 19 ployee safety in skilled nursing facilities and nursing facili- 20 ties, including activities to support clinical care, infection 21 control, and staffing: Provided, That such amount is des- 22 ignated by the Congress as being for an emergency re- 23 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 24 anced Budget and Emergency Deficit Control Act of 1985. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 74 •HR 6800 IH ADMINISTRATION FOR CHILDREN AND FAMILIES 1 LOW INCOME HOME ENERGY ASSISTANCE 2 For an additional amount for ‘‘Low Income Home 3 Energy Assistance’’, $1,500,000,000, to remain available 4 until September 30, 2021, to prevent, prepare for, and re- 5 spond to coronavirus, for making payments under sub- 6 section (b) of section 2602 of the Low-Income Home En- 7 ergy Assistance Act of 1981 (42 U.S.C. 8621 et seq.): Pro- 8 vided, That of the amount provided under this heading 9 in this Act, $750,000,000 shall be allocated as though the 10 total appropriation for such payments for fiscal year 2020 11 was less than $1,975,000,000: Provided further, That each 12 grantee that receives an allotment of funds made available 13 under this heading in this Act shall, for purposes of in- 14 come eligibility, deem to be eligible any household that 15 documents job loss or severe income loss dated after Feb- 16 ruary 29, 2020, such as a layoff or furlough notice or 17 verification of application for unemployment benefits: Pro- 18 vided further, That the limitation in section 2605(b)(9)(A) 19 of the Low-Income Home Energy Assistance Act of 1981, 20 regarding planning and administering the use of funds, 21 shall apply to funds provided under this heading in this 22 Act by substituting ‘‘12.5 percent’’ for ‘‘10 percent’’: Pro- 23 vided further, That section 2607(b)(2)(B) of such Act (42 24 U.S.C. 8626(b)(2)(B)) shall not apply to funds made 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 75 •HR 6800 IH available under this heading in this Act: Provided further, 1 That such amount is designated by the Congress as being 2 for an emergency requirement pursuant to section 3 251(b)(2)(A)(i) of the Balanced Budget and Emergency 4 Deficit Control Act of 1985. 5 PAYMENTS TO STATES FOR THE CHILD CARE AND 6 DEVELOPMENT BLOCK GRANT 7 For an additional amount for ‘‘Payments to States 8 for the Child Care and Development Block Grant’’, 9 $7,000,000,000, to remain available until September 30, 10 2021, to prevent, prepare for, and respond to coronavirus, 11 including for Federal administrative expenses, which shall 12 be used to supplement, not supplant State, Territory, and 13 Tribal general revenue funds for child care assistance for 14 low-income families within the United States (including 15 territories) without regard to requirements in sections 16 658E(c)(3)(D)–(E) or section 658G of the Child Care and 17 Development Block Grant Act: Provided, That funds pro- 18 vided under this heading in this Act may be used for costs 19 of providing relief from copayments and tuition payments 20 for families and for paying that portion of the child care 21 provider’s cost ordinarily paid through family copayments, 22 to provide continued payments and assistance to child care 23 providers in the case of decreased enrollment or closures 24 related to coronavirus, and to ensure child care providers 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 76 •HR 6800 IH are able to remain open or reopen as appropriate and ap- 1 plicable: Provided further, That States, Territories, and 2 Tribes are encouraged to place conditions on payments to 3 child care providers that ensure that child care providers 4 use a portion of funds received to continue to pay the sala- 5 ries and wages of staff: Provided further, That lead agen- 6 cies shall, for the duration of the COVID–19 public health 7 emergency, implement enrollment and eligibility policies 8 that support the fixed costs of providing child care services 9 by delinking provider reimbursement rates from an eligible 10 child’s absence and a provider’s closure due to the 11 COVID–19 public health emergency: Provided further, 12 That the Secretary shall remind States that CCDBG State 13 plans do not need to be amended prior to utilizing existing 14 authorities in the Child Care and Development Block 15 Grant Act for the purposes provided herein: Provided fur- 16 ther, That States, Territories, and Tribes are authorized 17 to use funds appropriated under this heading in this Act 18 to provide child care assistance to health care sector em- 19 ployees, emergency responders, sanitation workers, farm- 20 workers, and other workers deemed essential during the 21 response to coronavirus by public officials, without regard 22 to the income eligibility requirements of section 658P(4) 23 of such Act: Provided further, That funds appropriated 24 under this heading in this Act shall be available to eligible 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 77 •HR 6800 IH child care providers under section 658P(6) of the CCDBG 1 Act, even if such providers were not receiving CCDBG as- 2 sistance prior to the public health emergency as a result 3 of the coronavirus, for the purposes of cleaning and sani- 4 tation, and other activities necessary to maintain or re- 5 sume the operation of programs: Provided further, That 6 no later than 60 days after the date of enactment of this 7 Act, each State, Territory, and Tribe that receives funding 8 under this heading in this Act shall submit to the Sec- 9 retary a report, in such manner as the Secretary may re- 10 quire, describing how the funds appropriated under this 11 heading in this Act will be spent and that no later than 12 90 days after the date of enactment of this Act, the Sec- 13 retary shall submit to the Committees on Appropriations 14 of the House of Representatives and the Senate, the Com- 15 mittee on Education and Labor of the House of Rep- 16 resentatives, and the Committee on Health, Education, 17 Labor, and Pensions of the Senate a report summarizing 18 such reports from the States, Territories, and Tribes: Pro- 19 vided further, That no later than October 31, 2021, each 20 State, Territory, and Tribe that receives funding under 21 this heading in this Act shall submit to the Secretary a 22 report, in such manner as the Secretary may require, de- 23 scribing how the funds appropriated under this heading 24 in this Act were spent and that no later than 60 days 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 78 •HR 6800 IH after receiving such reports from the States, Territories, 1 and Tribes, the Secretary shall submit to the Committees 2 on Appropriations of the House of Representatives and the 3 Senate, the Committee on Education and Labor of the 4 House of Representatives, and the Committee on Health, 5 Education, Labor, and Pensions of the Senate a report 6 summarizing such reports from the States, Territories, 7 and Tribes: Provided further, That payments made under 8 this heading in this Act may be obligated in this fiscal 9 year or the succeeding two fiscal years: Provided further, 10 That funds appropriated under this heading in this Act 11 may be made available to restore amounts, either directly 12 or through reimbursement, for obligations incurred to pre- 13 vent, prepare for, and respond to coronavirus, prior to the 14 date of enactment of this Act: Provided further, That such 15 amount is designated by the Congress as being for an 16 emergency requirement pursuant to section 17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 CHILDREN AND FAMILIES SERVICES PROGRAMS 20 For an additional amount for ‘‘Children and Families 21 Services Programs’’, $1,590,000,000, to remain available 22 until September 30, 2021, to prevent, prepare for, and re- 23 spond to coronavirus, which shall be used as follows: 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 79 •HR 6800 IH (1) $50,000,000 for Family Violence Prevention 1 and Services grants as authorized by section 303(a) 2 and 303(b) of the Family Violence Prevention and 3 Services Act with such funds available to grantees 4 without regard to matching requirements under sec- 5 tion 306(c)(4) of such Act, of which $2,000,000 6 shall be for the National Domestic Violence Hotline: 7 Provided, That the Secretary of Health and Human 8 Services may make such funds available for pro- 9 viding temporary housing and assistance to victims 10 of family, domestic, and dating violence; 11 (2) $20,000,000 for necessary expenses for 12 community-based grants for the prevention of child 13 abuse and neglect under section 209 of the Child 14 Abuse Prevention and Treatment Act, which the 15 Secretary shall make without regard to sections 16 203(b)(1) and 204(4) of such Act; and 17 (3) $20,000,000 for necessary expenses for the 18 Child Abuse Prevention and Treatment Act State 19 Grant program as authorized by Section 112 of such 20 Act; 21 (4) $1,500,000,000 for necessary expenses for 22 grants to carry out the Low-Income Household 23 Drinking Water and Wastewater Assistance pro- 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 80 •HR 6800 IH gram, as described in section 190703 of division S 1 of this Act. 2 Provided, That funds made available under this heading 3 in this Act may be used for the purposes provided herein 4 to reimburse costs incurred between January 20, 2020, 5 and the date of award: Provided further, That funds ap- 6 propriated by the CARES Act (P.L.116–136) to carry out 7 the Community Services Block Grant Act (42 U.S.C. 9901 8 et seq.) and received by a State shall be made available 9 to eligible entities (as defined in section 673(1)(A) of such 10 Act (42 U.S.C. 9902(1)(A)) not later than either 30 days 11 after such State receives such funds or 30 days after the 12 date of the enactment of this Act, whichever occurs later: 13 Provided further, That such amount is designated by the 14 Congress as being for an emergency requirement pursuant 15 to section 251(b)(2)(A)(i) of the Balanced Budget and 16 Emergency Deficit Control Act of 1985. 17 ADMINISTRATION FOR COMMUNITY LIVING 18 AGING AND DISABILITY SERVICES PROGRAMS 19 For an additional amount for ‘‘Aging and Disability 20 Services Programs’’, $100,000,000, to remain available 21 until September 30, 2021, to prevent, prepare for, and re- 22 spond to the coronavirus: Provided, That of the amount 23 made available under this heading in this Act, 24 $85,000,000 shall be for activities authorized under the 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 81 •HR 6800 IH Older Americans Act of 1965 (‘‘OAA’’) and activities au- 1 thorized under part B of title XX of the Social Security 2 Act, including $20,000,000 for supportive services under 3 part B of title III; $19,000,000 for nutrition services 4 under subparts 1 and 2 of part C of title III; $1,000,000 5 for nutrition services under title VI; $20,000,000 for sup- 6 portive services for family caregivers under part E of title 7 III; $10,000,000 for evidence-based health promotion and 8 disease prevention services under part D of title III; 9 $10,000,000 for elder rights protection activities, includ- 10 ing the long-term ombudsman program under title VI; and 11 $5,000,000 shall be for grants to States to support the 12 network of statewide senior legal services, including exist- 13 ing senior legal hotlines, efforts to expand such hotlines 14 to all interested States, and legal assistance to providers, 15 in order to ensure seniors have access to legal assistance, 16 with such fund allotted to States consistent with para- 17 graphs (1) through (3) of section 304(a) of the OAA: Pro- 18 vided further, That State matching requirements under 19 sections 304(d)(1)(D) and 373(g)(2) of the OAA shall not 20 apply to funds made available under this heading: Pro- 21 vided further, That of the amount made available under 22 this heading in this Act, $10,000,000 shall be for activities 23 authorized in the Developmental Disabilities Assistance 24 and Bill of Rights Act of 2000: Provided further, That 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 82 •HR 6800 IH of the amount made available under this heading in this 1 Act, $5,000,000 shall be for activities authorized in the 2 Assistive Technology Act of 2004: Provided further, That 3 of the amount made available in the preceding proviso, 4 $5,000,000 shall be for the purchase of equipment to allow 5 interpreters to provide appropriate and essential services 6 to the hearing-impaired community: Provided further, 7 That for the purposes of the funding provided in the pre- 8 ceding proviso, during the emergency period described in 9 section 1135(g)(1)(B) of the Social Security Act, for pur- 10 poses of section 4(e)(2)(A) of the Assistive Technology Act 11 of 2004, the term ‘‘targeted individuals and entities’’ (as 12 that term is defined in section 3(16) of the Assistive Tech- 13 nology Act of 2004) shall be deemed to include American 14 Sign Language certified interpreters who are providing in- 15 terpretation services remotely for individuals with disabil- 16 ities: Provided further, That during such emergency pe- 17 riod, for the purposes of the previous two provisos, to fa- 18 cilitate the ability of individuals with disabilities to remain 19 in their homes and practice social distancing, the Sec- 20 retary shall waive the prohibitions on the use of grant 21 funds for direct payment for an assistive technology device 22 for an individual with a disability under sections 23 4(e)(2)(A) and 4(e)(5) of such Act: Provided further, That 24 such amount is designated by the Congress as being for 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 83 •HR 6800 IH an emergency requirement pursuant to section 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 OFFICE OF THE SECRETARY 4 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 5 FUND 6 For an additional amount for ‘‘Public Health and So- 7 cial Services Emergency Fund’’, $4,575,000,000, to re- 8 main available until September 30, 2024, to prevent, pre- 9 pare for, and respond to coronavirus, domestically or 10 internationally, including the development of necessary 11 countermeasures and vaccines, prioritizing platform-based 12 technologies with U.S.-based manufacturing capabilities, 13 the purchase of vaccines, therapeutics, diagnostics, nec- 14 essary medical supplies, as well as medical surge capacity, 15 addressing blood supply chain, workforce modernization, 16 telehealth access and infrastructure, initial advanced man- 17 ufacturing, novel dispensing, enhancements to the U.S. 18 Commissioned Corps, and other preparedness and re- 19 sponse activities: Provided, That funds appropriated under 20 this paragraph in this Act may be used to develop and 21 demonstrate innovations and enhancements to manufac- 22 turing platforms to support such capabilities: Provided 23 further, That the Secretary of Health and Human Services 24 shall purchase vaccines developed using funds made avail- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 84 •HR 6800 IH able under this paragraph in this Act to respond to an 1 outbreak or pandemic related to coronavirus in quantities 2 determined by the Secretary to be adequate to address the 3 public health need: Provided further, That products pur- 4 chased by the Federal government with funds made avail- 5 able under this paragraph in this Act, including vaccines, 6 therapeutics, and diagnostics, shall be purchased in ac- 7 cordance with Federal Acquisition Regulation guidance on 8 fair and reasonable pricing: Provided further, That the 9 Secretary may take such measures authorized under cur- 10 rent law to ensure that vaccines, therapeutics, and 11 diagnostics developed from funds provided in this Act will 12 be affordable in the commercial market: Provided further, 13 That in carrying out the previous proviso, the Secretary 14 shall not take actions that delay the development of such 15 products: Provided further, That products purchased with 16 funds appropriated under this paragraph in this Act may, 17 at the discretion of the Secretary of Health and Human 18 Services, be deposited in the Strategic National Stockpile 19 under section 319F–2 of the Public Health Service Act: 20 Provided further, That funds appropriated under this 21 paragraph in this Act may be transferred to, and merged 22 with, the fund authorized by section 319F–4, the Covered 23 Countermeasure Process Fund, of the Public Health Serv- 24 ice Act: Provided further, That of the amount made avail- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 85 •HR 6800 IH able under this paragraph in this Act, $3,500,000,000 1 shall be available to the Biomedical Advanced Research 2 and Development Authority for necessary expenses of ad- 3 vanced research, development, manufacturing, production, 4 and purchase of vaccines and therapeutics: Provided fur- 5 ther, That of the amount made available under this para- 6 graph in this Act, $500,000,000 shall be available to the 7 Biomedical Advanced Research and Development Author- 8 ity for the construction, renovation, or equipping of U.S.- 9 based next generation manufacturing facilities, other than 10 facilities owned by the United States Government: Pro- 11 vided further, That of the amount made available under 12 this paragraph in this Act, $500,000,000 shall be available 13 to the Biomedical Advanced Research and Development 14 Authority to promote innovation in antibacterial research 15 and development: Provided further, That funds made 16 available under this paragraph in this Act may be used 17 for grants for the rent, lease, purchase, acquisition, con- 18 struction, alteration, or renovation of non-Federally owned 19 facilities to improve preparedness and response capability 20 at the State and local level: Provided further, That funds 21 appropriated under this paragraph in this Act may be 22 used for the construction, alteration, renovation or equip- 23 ping of non-Federally owned facilities for the production 24 of vaccines, therapeutics, diagnostics, and medicines and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 86 •HR 6800 IH other items purchased under section 319F–2(a) of the 1 Public Health Service Act where the Secretary determines 2 that such a contract is necessary to assure sufficient do- 3 mestic production of such supplies: Provided further, That 4 all construction, alteration, or renovation work, carried 5 out, in whole or in part, with fund appropriated under this 6 heading in this Act, the CARES Act (P.L. 116–136), or 7 the Paycheck Protection Program and Health Care En- 8 hancement Act (P.L. 116–139), shall be subject to the re- 9 quirements of 42 U.S.C. 300s-1(b)(1)(I): Provided further, 10 That not later than seven days after the date of enactment 11 of this Act, and weekly thereafter until the public health 12 emergency related to coronavirus is no longer in effect, 13 the Secretary shall report to the Committees on Appro- 14 priations of the House of Representatives and the Senate 15 on the current inventory of ventilators and personal pro- 16 tective equipment in the Strategic National Stockpile, in- 17 cluding the numbers of face shields, gloves, goggles and 18 glasses, gowns, head covers, masks, and respirators, as 19 well as deployment of ventilators and personal protective 20 equipment during the previous week, reported by state and 21 other jurisdiction: Provided further, That after the date 22 that a report is required to be submitted by the preceding 23 proviso, amounts made available for ‘‘Department of 24 Health and Human Services—Office of the Secretary— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 87 •HR 6800 IH General Departmental Management’’ in Public Law 116– 1 94 for salaries and expenses of the Immediate Office of 2 the Secretary shall be reduced by $250,000 for each day 3 that such report has not been submitted: Provided further, 4 That not later than the first Monday in February of fiscal 5 year 2021 and each fiscal year thereafter, the Secretary 6 shall include in the annual budget submission for the De- 7 partment, and submit to the Congress, the Secretary’s re- 8 quest with respect to expenditures necessary to maintain 9 the minimum level of relevant supplies in the Strategic 10 National Stockpile, including in case of a significant pan- 11 demic, in consultation with the working group under sec- 12 tion 319F(a) of the Public Health Service Act and the 13 Public Health Emergency Medical Countermeasures En- 14 terprise established under section 2811–1 of such Act: 15 Provided further, That such amount is designated by the 16 Congress as being for an emergency requirement pursuant 17 to section 251(b)(2)(A)(i) of the Balanced Budget and 18 Emergency Deficit Control Act of 1985. 19 For an additional amount for ‘‘Public Health and So- 20 cial Services Emergency Fund’’, $100,000,000,000, to re- 21 main available until expended, to prevent, prepare for, and 22 respond to coronavirus, for necessary expenses to make 23 payments under the Health Care Provider Relief Fund as 24 described in section 30611 of division C of this Act: Pro- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 88 •HR 6800 IH vided, That such amount is designated by the Congress 1 as being for an emergency requirement pursuant to sec- 2 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 3 gency Deficit Control Act of 1985. 4 For an additional amount for ‘‘Public Health and So- 5 cial Services Emergency Fund’’, $75,000,000,000, to re- 6 main available until expended, to prevent, prepare for, and 7 respond to coronavirus, for necessary expenses to carry 8 out the COVID-19 National Testing and Contact Tracing 9 Initiative, as described in subtitle D of division C of this 10 Act: Provided, That such amount is designated by the 11 Congress as being for an emergency requirement pursuant 12 to section 251(b)(2)(A)(i) of the Balanced Budget and 13 Emergency Deficit Control Act of 1985. 14 DEPARTMENT OF EDUCATION 15 STATE FISCAL STABILIZATION FUND 16 For an additional amount for ‘‘State Fiscal Stabiliza- 17 tion Fund’’, $90,000,000,000, to remain available until 18 September 30, 2022, to prevent, prepare for, and respond 19 to coronavirus: Provided, That the Secretary of Education 20 (referred to under this heading as ‘‘Secretary’’) shall make 21 grants to the Governor of each State for support of ele- 22 mentary, secondary, and postsecondary education and, as 23 applicable, early childhood education programs and serv- 24 ices: Provided further, That of the amount made available, 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 89 •HR 6800 IH the Secretary shall first allocate up to one-half of 1 per- 1 cent to the outlying areas and one-half of 1 percent to 2 the Bureau of Indian Education (‘‘BIE’’) for activities 3 consistent with this heading under such terms and condi- 4 tions as the Secretary may determine: Provided further, 5 That the Secretary may reserve up to $30,000,000 for ad- 6 ministration and oversight of the activities under this 7 heading: Provided further, That the Secretary shall allo- 8 cate 61 percent of the remaining funds made available to 9 carry out this heading to the States on the basis of their 10 relative population of individuals aged 5 through 24 and 11 allocate 39 percent on the basis of their relative number 12 of children counted under section 1124(c) of the Elemen- 13 tary and Secondary Education Act of 1965 (referred to 14 under this heading as ‘‘ESEA’’) as State grants: Provided 15 further, That State grants shall support statewide elemen- 16 tary, secondary, and postsecondary activities; subgrants to 17 local educational agencies; and, subgrants to public insti- 18 tutions of higher education: Provided further, That States 19 shall allocate 65 percent of the funds received under the 20 sixth proviso as subgrants to local educational agencies in 21 proportion to the amount of funds such local educational 22 agencies received under part A of title I of the ESEA in 23 the most recent fiscal year: Provided further, That States 24 shall allocate 30 percent of the funds received under the 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 90 •HR 6800 IH sixth proviso as subgrants to public institutions of higher 1 education, of which 75 percent shall be apportioned ac- 2 cording to the relative share of students who received Pell 3 Grants who are not exclusively enrolled in distance edu- 4 cation courses prior to the coronavirus emergency at the 5 institution in the previous award year and 25 percent shall 6 be apportioned according to the total enrollment of stu- 7 dents at the institution who are not exclusively enrolled 8 in distance education courses prior to the coronavirus 9 emergency at the institution in the previous award year: 10 Provided further, That the Governor shall return to the 11 Secretary any funds received that the Governor does not 12 award to local educational agencies and public institutions 13 of higher education or otherwise commit within two years 14 of receiving such funds, and the Secretary shall reallocate 15 such funds to the remaining States in accordance with the 16 sixth proviso: Provided further, That Governors shall use 17 State grants and subgrants to maintain or restore State 18 and local fiscal support for elementary, secondary and 19 postsecondary education: Provided further, That funds for 20 local educational agencies may be used for any activity au- 21 thorized by the ESEA, including the Native Hawaiian 22 Education Act and the Alaska Native Educational Equity, 23 Support, and Assistance Act, the Individuals with Disabil- 24 ities Education Act (‘‘IDEA’’), subtitle B of title VII of 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 91 •HR 6800 IH the McKinney-Vento Homeless Assistance Act , the Adult 1 Education and Family Literacy Act or the Carl D. Perkins 2 Career and Technical Education Act of 2006 (‘‘the Per- 3 kins Act’’): Provided further, That a State or local edu- 4 cational agency receiving funds under this heading may 5 use the funds for activities coordinated with State, local, 6 tribal, and territorial public health departments to detect, 7 prevent, or mitigate the spread of infectious disease or 8 otherwise respond to coronavirus; support online learning 9 by purchasing educational technology and internet access 10 for students, which may include assistive technology or 11 adaptive equipment, that aids in regular and substantive 12 educational interactions between students and their class- 13 room instructor; provide ongoing professional development 14 to staff in how to effectively provide quality online aca- 15 demic instruction; provide assistance for children and fam- 16 ilies to promote equitable participation in quality online 17 learning; plan and implement activities related to summer 18 learning, including providing classroom instruction or 19 quality online learning during the summer months; plan 20 for and coordinate during long-term closures, provide tech- 21 nology for quality online learning to all students, and how 22 to support the needs of low-income students, racial and 23 ethnic minorities, students with disabilities, English learn- 24 ers, students experiencing homelessness, and children in 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 92 •HR 6800 IH foster care, including how to address learning gaps that 1 are created or exacerbated due to long-term closures; sup- 2 port the continuity of student engagement through social 3 and emotional learning; and other activities that are nec- 4 essary to maintain the operation of and continuity of serv- 5 ices in local educational agencies, including maintaining 6 employment of existing personnel, and reimbursement for 7 eligible costs incurred during the national emergency: Pro- 8 vided further, That a public institution of higher education 9 that receives funds under this heading shall use funds for 10 education and general expenditures (including defraying 11 expenses due to lost revenue, reimbursement for expenses 12 already incurred, and payroll) and grants to students for 13 expenses directly related to coronavirus and the disruption 14 of campus operations (which may include emergency fi- 15 nancial aid to students for food, housing, technology, 16 health care, and child care costs that shall not be required 17 to be repaid by such students) or for the acquisition of 18 technology and services directly related to the need for dis- 19 tance education and the training of faculty and staff to 20 use such technology and services: Provided further, That 21 priority shall be given to under-resourced institutions, in- 22 stitutions with high burden due to the coronavirus, and 23 institutions who did not possess distance education capa- 24 bilities prior to the coronavirus emergency: Provided fur- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 93 •HR 6800 IH ther, That any institution of higher education that is not 1 otherwise eligible for a grant of at least $1,000,000 under 2 this heading shall be eligible to receive an amount equal 3 to whichever is lesser of the total loss of revenue and in- 4 creased costs associated with the coronavirus or 5 $1,000,000: Provided further, That an institution of high- 6 er education may not use funds received under this head- 7 ing to increase its endowment or provide funding for cap- 8 ital outlays associated with facilities related to athletics, 9 sectarian instruction, or religious worship: Provided fur- 10 ther, That funds may be used to support hourly workers, 11 such as education support professionals, classified school 12 employees, and adjunct and contingent faculty: Provided 13 further, That a Governor of a State desiring to receive an 14 allocation under this heading shall submit an application 15 at such time, in such manner, and containing such infor- 16 mation as the Secretary may reasonably require: Provided 17 further, That the Secretary shall issue a notice inviting 18 applications not later than 15 days after the date of enact- 19 ment of this Act: Provided further, That any State receiv- 20 ing funding under this heading shall maintain its percent 21 of total spending on elementary, secondary, and postsec- 22 ondary education in fiscal year 2019 for fiscal years 2020, 23 2021, and 2022: Provided further, That a State’s applica- 24 tion shall include assurances that the State will maintain 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 94 •HR 6800 IH support for elementary and secondary education in fiscal 1 year 2020, fiscal year 2021, and fiscal year 2022 at least 2 at the level of such support that is the average of such 3 State’s support for elementary and secondary education 4 in the 3 fiscal years preceding the date of enactment of 5 this Act: Provided further, That a State’s application shall 6 include assurances that the State will maintain State sup- 7 port for higher education (not including support for cap- 8 ital projects or for research and development or tuition 9 and fees paid by students) in fiscal year 2020, fiscal year 10 2021, and fiscal year 2022 at least at the level of such 11 support that is the average of such State’s support for 12 higher education (which shall include State and local gov- 13 ernment funding to institutions of higher education and 14 state need-based financial aid) in the 3 fiscal years pre- 15 ceding the date of enactment of this Act, and that any 16 such State’s support for higher education funding, as cal- 17 culated as spending for public higher education per full- 18 time equivalent student, shall be the same in fiscal year 19 2022 as it was in fiscal year 2019: Provided further, That 20 in such application, the Governor shall provide baseline 21 data that demonstrates the State’s current status in each 22 of the areas described in such assurances in the preceding 23 provisos: Provided further, That a State’s application shall 24 include assurances that the State will not construe any 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 95 •HR 6800 IH provisions under this heading as displacing any otherwise 1 applicable provision of any collective-bargaining agreement 2 between an eligible entity and a labor organization as de- 3 fined by section 2(5) of the National Labor Relations Act 4 (29 U.S.C. 152(5)) or analogous State law: Provided fur- 5 ther, That a State’s application shall include assurances 6 that the State shall maintain the wages, benefits, and 7 other terms and conditions of employment set forth in any 8 collective-bargaining agreement between the eligible entity 9 and a labor organization, as defined in the preceding pro- 10 viso: Provided further, That a State’s application shall in- 11 clude assurances that all students with disabilities are af- 12 forded their full rights under IDEA, including all rights 13 and services outlined in individualized education programs 14 (‘‘IEPs’’): Provided further, That a State receiving funds 15 under this heading shall submit a report to the Secretary, 16 at such time and in such manner as the Secretary may 17 require, that describes the use of funds provided under 18 this heading: Provided further, That no recipient of funds 19 under this heading shall use funds to provide financial as- 20 sistance to students to attend private elementary or sec- 21 ondary schools, unless such funds are used to provide spe- 22 cial education and related services to children with disabil- 23 ities whose IEPs require such placement, and where the 24 school district maintains responsibility for providing such 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 96 •HR 6800 IH children a free appropriate public education, as authorized 1 by IDEA: Provided further, That a local educational agen- 2 cy, State, institution of higher education, or other entity 3 that receives funds under ‘‘State Fiscal Stabilization 4 Fund’’, shall to the greatest extent practicable, continue 5 to pay its employees and contractors during the period of 6 any disruptions or closures related to coronavirus: Pro- 7 vided further, That the terms ‘‘elementary education’’ and 8 ‘‘secondary education’’ have the meaning given such terms 9 under State law: Provided further, That the term ‘‘institu- 10 tion of higher education’’ has the meaning given such term 11 in section 101 of the Higher Education Act of 1965: Pro- 12 vided further, That the term ‘‘fiscal year’’ shall have the 13 meaning given such term under State law: Provided fur- 14 ther, That the term ‘‘State’’ means each of the 50 States, 15 the District of Columbia, and the Commonwealth of Puer- 16 to Rico: Provided further, That such amount is designated 17 by the Congress as being for an emergency requirement 18 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 19 et and Emergency Deficit Control Act of 1985. 20 HIGHER EDUCATION 21 For an additional amount for ‘‘Higher Education’’, 22 $10,150,000,000, to remain available until September 30, 23 2021, to prevent, prepare for, and respond to coronavirus, 24 of which $11,000,000 shall be transferred to ‘‘National 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 97 •HR 6800 IH Technical Institute for the Deaf’’ to help defray expenses 1 (which may include lost revenue, reimbursement for ex- 2 penses already incurred, technology costs associated with 3 a transition to distance education, sign language and cap- 4 tioning costs associated with a transition to distance edu- 5 cation, faculty and staff trainings, and payroll) directly 6 caused by coronavirus and to enable emergency financial 7 aid to students for expenses directly related to coronavirus 8 and the disruption of university operations (which may in- 9 clude food, housing, transportation, technology, health 10 care, and child care), of which $20,000,000 shall be trans- 11 ferred to ‘‘Howard University’’ to help defray expenses 12 (which may include lost revenue, reimbursement for ex- 13 penses already incurred, technology costs associated with 14 a transition to distance education, technology costs associ- 15 ated with a transition to distance education, faculty and 16 staff trainings, and payroll) directly related to coronavirus 17 and to enable grants to students for expenses directly re- 18 lated to coronavirus and the disruption of university oper- 19 ations (which may include food, housing, transportation, 20 technology, health care, and child care), of which 21 $11,000,000 shall be transferred to ‘‘Gallaudet Univer- 22 sity’’ to help defray expenses (which may include lost rev- 23 enue, reimbursement for expenses already incurred, tech- 24 nology costs associated with a transition to distance edu- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 98 •HR 6800 IH cation, sign language and captioning costs associated with 1 a transition to distance education, faculty and staff 2 trainings, and payroll) directly related to coronavirus and 3 to enable grants to students for expenses directly related 4 to coronavirus and the disruption of university operations 5 (which may include food, housing, transportation, tech- 6 nology, health care, and child care), and of which the re- 7 maining amounts shall be used to carry out parts A and 8 B of title III, parts A and B of title V, subpart 4 of part 9 A of title VII, and part B of title VII of the Higher Edu- 10 cation Act of 1965 (‘‘HEA’’) as follows: 11 (1) $1,708,000,000 for parts A and B of title 12 III, parts A and B of title V, and subpart 4 of part 13 A of title VII of the HEA to address needs directly 14 related to coronavirus: Provided, That such amount 15 shall be allocated by the Secretary proportionally to 16 such programs covered under this paragraph and 17 based on the relative share of funding appropriated 18 to such programs in the Further Consolidated Ap- 19 propriations Act, 2020 (Public Law 116–94) and 20 distributed to institutions of higher education as fol- 21 lows: 22 (A) Except as otherwise provided in sub- 23 paragraph (B), for eligible institutions under 24 part B of title III and subpart 4 of part A of 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 99 •HR 6800 IH title VII of the Higher Education Act, the Sec- 1 retary shall allot to each eligible institution an 2 amount using the following formula: 3 (i) 70 percent according to a ratio 4 equivalent to the number of Pell Grant re- 5 cipients in attendance at such institution 6 at the end of the school year preceding the 7 beginning of that fiscal year and the total 8 number of Pell Grant recipients at all such 9 institutions; 10 (ii) 20 percent according to a ratio 11 equivalent to the total number of students 12 enrolled at such institution at the end of 13 the school year preceding the beginning of 14 that fiscal year and the number of stu- 15 dents enrolled at all such institutions; and 16 (iii) 10 percent according to a ratio 17 equivalent to the total endowment size at 18 all eligible institutions at the end of the 19 school year preceding the beginning of that 20 fiscal year and the total endowment size at 21 such institutions; 22 (B) For eligible institutions under section 23 326 of the Higher Education Act, the Secretary 24 shall allot to each eligible institution an amount 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 100 •HR 6800 IH in proportion to the award received from fund- 1 ing for such institutions in the Further Consoli- 2 dated Appropriations Act, 2020 (Public Law 3 116–94); 4 (C) For eligible institutions under section 5 316 of the Higher Education Act, the Secretary 6 shall allot funding according to the formula in 7 section 316(d)(3) of the Higher Education Act; 8 (D) Notwithstanding section 318(f) of the 9 Higher Education Act, for eligible institutions 10 under section 318 of the Higher Education Act, 11 the Secretary shall allot funding according to 12 the formula in section 318(e) of the Higher 13 Education Act; 14 (E) Except as provided in subparagraphs 15 (C) and (D), for eligible institutions under part 16 A of title III of the Higher Education Act and 17 parts A and B of title V, the Secretary shall 18 issue an application for eligible institutions to 19 demonstrate unmet need, and the Secretary 20 shall allow eligible institutions to apply for 21 funds under one of the programs for which they 22 are eligible. 23 (2) $8,400,000,000 for part B of title VII of 24 the HEA for institutions of higher education (as de- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 101 •HR 6800 IH fined in section 101 or 102(c) of the HEA) to ad- 1 dress needs directly related to coronavirus as follows: 2 (A) $7,000,000,000 shall be provided to 3 private, non-profit institutions of higher edu- 4 cation apportioning it— 5 (i) 75 percent according to the rel- 6 ative share of enrollment of Federal Pell 7 Grant recipients who are not exclusively 8 enrolled in distance education courses prior 9 to the coronavirus emergency, and 10 (ii) 25 percent according to the rel- 11 ative share of the total equivalent enroll- 12 ment of students who were not Federal 13 Pell Grant recipients who are not exclu- 14 sively enrolled in distance education 15 courses prior to the coronavirus emer- 16 gency. 17 (B) $1,400,000,000 shall be for institu- 18 tions of higher education (as defined in section 19 101 of the Higher Education Act) with unmet 20 need related to the coronavirus, including insti- 21 tutions of higher education that offer their 22 courses and programs exclusively through dis- 23 tance education: 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 102 •HR 6800 IH Provided, That funds shall be used to make payments to 1 such institutions to provide emergency grants to students 2 who attended such institutions at any point during the 3 coronavirus emergency and for any component of the stu- 4 dent’s cost of attendance (as defined under section 472 5 of the HEA), including food, housing, course materials, 6 technology, health care, and child care): Provided further, 7 That institutions of higher education may use such funds 8 to defray expenses (including lost revenue, reimbursement 9 for expenses already incurred, technology costs associated 10 with a transition to distance education, faculty and staff 11 trainings, and payroll) incurred by institutions of higher 12 education: Provided further, That such payments shall not 13 be used to increase endowments or provide funding for 14 capital outlays associated with facilities related to ath- 15 letics, sectarian instruction, or religious worship: Provided 16 further, That any institution of higher education that is 17 not otherwise eligible for a grant of at least $1,000,000 18 under paragraph (2)(A) of this heading and has a total 19 enrollment of at least 500 students shall be eligible to re- 20 ceive an amount equal to whichever is the lesser of the 21 total loss of revenue and increased costs associated with 22 the coronavirus or $1,000,000: Provided further, That 23 such amount is designated by the Congress as being for 24 an emergency requirement pursuant to section 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 103 •HR 6800 IH 251(b)(2)(A)(i) of the Balanced Budget and Emergency 1 Deficit Control Act of 1985. 2 GENERAL PROVISIONS—DEPARTMENT OF EDUCATION 3 SEC. 10602. Amounts made available to ‘‘Depart- 4 ment of Education—Office of Inspector General’’ in title 5 VIII of division B of Public Law 116–136 are hereby per- 6 manently rescinded, and an amount of additional new 7 budget authority equivalent to the amount rescinded is 8 hereby appropriated, to remain available until expended, 9 for the same purposes and under the same authorities as 10 they were originally appropriated, and shall be in addition 11 to any other funds available for such purposes: Provided, 12 That the amounts appropriated by this section may also 13 be used for investigations and are available until ex- 14 pended: Provided further, That such amount is designated 15 by the Congress as being for an emergency requirement 16 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 17 et and Emergency Deficit Control Act of 1985. 18 SEC. 10603. The Coronavirus Aid, Relief, and Eco- 19 nomic Security Act (P.L. 116–136) is amended by striking 20 section 18001(a)(3): Provided, That amounts repurposed 21 by this section that were previously designated by the Con- 22 gress as an emergency requirement pursuant to the Bal- 23 anced Budget and Emergency Deficit Control Act of 1985 24 are designated by the Congress as an emergency require- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 104 •HR 6800 IH ment pursuant to section 251(b)(2)(A)(i) of the Balanced 1 Budget and Emergency Deficit Control Act of 1985. 2 SEC. 10604. Section 18005(a) of the Coronavirus 3 Aid, Relief, and Economic Security Act (P.L. 116–136) 4 is amended by inserting ‘‘with these funds only for chil- 5 dren identified under section 1115(c) of the ESEA in the 6 school district served by a local educational agency who 7 are enrolled in private elementary schools and secondary 8 schools’’ after ‘‘equitable services’’: Provided, That 9 amounts repurposed by this section that were previously 10 designated by the Congress as an emergency requirement 11 pursuant to the Balanced Budget and Emergency Deficit 12 Control Act of 1985 are designated by the Congress as 13 an emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 SEC. 10605. Section 18004(c) of the Coronavirus 17 Aid, Relief, and Economic Security Act (P.L. 116–136) 18 is amended by striking ‘‘to cover any costs associated with 19 significant changes to the delivery of instruction due to 20 the coronavirus’’ and inserting ‘‘to defray expenses (in- 21 cluding lost revenue, reimbursement for expenses already 22 incurred, technology costs associated with a transition to 23 distance education, faculty and staff trainings, payroll) in- 24 curred by institutions of higher education.’’: Provided, 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 105 •HR 6800 IH That amounts repurposed by this section that were pre- 1 viously designated by the Congress as an emergency re- 2 quirement pursuant to the Balanced Budget and Emer- 3 gency Deficit Control Act of 1985 are designated by the 4 Congress as an emergency requirement pursuant to sec- 5 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 6 gency Deficit Control Act of 1985. 7 SEC. 10606. With respect to the allocation and award 8 of funds under this title, the Secretary of Education is 9 prohibited from— 10 (a) establishing a priority or preference not specified 11 in this title; and 12 (b) imposing limits on the use of such funds not spec- 13 ified in this title. 14 RELATED AGENCIES 15 CORPORATION FOR NATIONAL AND COMMUNITY 16 SERVICE 17 ADMINISTRATIVE PROVISIONS—CORPORATION FOR 18 NATIONAL AND COMMUNITY SERVICE 19 SEC. 10607. (a) The remaining unobligated balances 20 of funds as of September 30, 2020, from amounts pro- 21 vided to ‘‘Corporation for National and Community Serv- 22 ice—Salaries and Expenses’’ in title IV of division A of 23 the Further Consolidated Appropriations Act, 2020 (Pub- 24 lic Law 116–94), are hereby permanently rescinded, and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 106 •HR 6800 IH an amount of additional new budget authority equal to 1 the unobligated balances rescinded is hereby appropriated 2 on September 30, 2020, to remain available until Sep- 3 tember 30, 2021, for the same purposes and under the 4 same authorities that they were originally made available 5 in Public Law 116–94, which shall be in addition to any 6 other funds available for such purposes: Provided, That 7 such amount is designated by the Congress as being for 8 an emergency requirement pursuant to section 9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 (b) The remaining unobligated balances of funds as 12 of September 30, 2020, from amounts provided to ‘‘Cor- 13 poration for National and Community Service—Operating 14 Expenses’’ in title IV of division A of the Further Consoli- 15 dated Appropriations Act, 2020 (Public Law 116–94), are 16 hereby permanently rescinded, and an amount of addi- 17 tional new budget authority equal to the unobligated bal- 18 ances rescinded is hereby appropriated on September 30, 19 2020, to remain available until September 30, 2021, for 20 the same purposes and under the same authorities that 21 they were originally made available in Public Law 116– 22 94, which shall be in addition to any other funds available 23 for such purposes: Provided, That any amounts appro- 24 priated by the preceding proviso shall not be subject to 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 107 •HR 6800 IH the allotment requirements otherwise applicable under sec- 1 tions 129(a), (b), (d), and (e) of the National and Commu- 2 nity Service Act of 1993: Provided further, That such 3 amount is designated by the Congress as being for an 4 emergency requirement pursuant to section 5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 6 Deficit Control Act of 1985. 7 (c) The remaining unobligated balances of funds as 8 of September 30, 2020, from amounts provided to ‘‘Cor- 9 poration for National and Community Service—Office of 10 Inspector General’’ in title IV of division A of the Further 11 Consolidated Appropriations Act, 2020 (Public Law 116– 12 94), are hereby permanently rescinded, and an amount of 13 additional new budget authority equal to the amount re- 14 scinded is hereby appropriated on September 30, 2020, 15 to remain available until September 30, 2021, for the 16 same purposes and under the same authorities that they 17 were originally made available in Public Law 116–94, 18 which shall be in addition to any other funds available for 19 such purposes: Provided, That such amount is designated 20 by the Congress as being for an emergency requirement 21 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 22 et and Emergency Deficit Control Act of 1985. 23 (d)(1) Section 3514(b) of title III of division A of 24 Public Law 116–136 is hereby repealed, and shall be ap- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 108 •HR 6800 IH plied hereafter as if such subsection had never been en- 1 acted. 2 (2)(A) IN GENERAL.—The budgetary effects of 3 this subsection are designated as an emergency re- 4 quirement pursuant to section 4(g) of the Statutory 5 Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). 6 (B) DESIGNATION IN THE SENATE.—In the 7 Senate, this subsection is designated as an emer- 8 gency requirement pursuant to section 4112(a) of H. 9 Con. Res. 71 (115th Congress), the concurrent reso- 10 lution on the budget for fiscal year 2018. 11 (C) CLASSIFICATION OF BUDGETARY EF- 12 FECTS.—Notwithstanding Rule 3 of the Budget 13 Scorekeeping Guidelines set forth in the joint ex- 14 planatory statement of the committee of conference 15 accompanying Conference Report 105–217 and sec- 16 tion 250(c)(7) and (c)(8) of the Balanced Budget 17 and Emergency Deficit Control Act of 1985, the 18 budgetary effects of this subsection— 19 (i) shall not be estimated for purposes of 20 section 251 of such Act; and 21 (ii) shall be entered on the PAYGO score- 22 cards maintained pursuant to section 4(d) of 23 the Statutory Pay As-You-Go Act of 2010. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 109 •HR 6800 IH INSTITUTE OF MUSEUM AND LIBRARY SCIENCES 1 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS 2 AND ADMINISTRATION 3 For an additional amount for ‘‘Institute of Museum 4 and Library Services’’, $5,000,000, to remain available 5 until September 30, 2021, to prevent, prepare for, and re- 6 spond to coronavirus, including grants to States, terri- 7 tories, tribes, museums, and libraries, to expand digital 8 network access, purchase internet accessible devices, pro- 9 vide technical support services, and for operational ex- 10 penses: Provided, That any matching funds requirements 11 for States, tribes, libraries, and museums are waived for 12 grants provided with funds made available under this 13 heading in this Act: Provided further, That such amount 14 is designated by the Congress as being for an emergency 15 requirement pursuant to section 251(b)(2)(A)(i) of the 16 Balanced Budget and Emergency Deficit Control Act of 17 1985. 18 RAILROAD RETIREMENT BOARD 19 LIMITATION ON ADMINISTRATION 20 For an additional amount for ‘‘Limitation on Admin- 21 istration’’, $4,500,000, to remain available until Sep- 22 tember 30, 2021, to prevent, prepare for, and respond to 23 coronavirus, including the expeditious dispensation of rail- 24 road unemployment insurance benefits, and to support 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 110 •HR 6800 IH full-time equivalents and overtime hours as needed to ad- 1 minister the Railroad Unemployment Insurance Act: Pro- 2 vided, That such amount is designated by the Congress 3 as being for an emergency requirement pursuant to sec- 4 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 5 gency Deficit Control Act of 1985. 6 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL 7 For an additional amount for ‘‘Office of the Inspector 8 General’’, $500,000, to remain available until expended, 9 to prevent, prepare for, and respond to coronavirus, in- 10 cluding salaries and expenses necessary for oversight, in- 11 vestigations and audits of the Railroad Retirement Board 12 and railroad unemployment insurance benefits funded in 13 this Act and Public Law 116–136: Provided, That such 14 amount is designated by the Congress as being for an 15 emergency requirement pursuant to section 16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 17 Deficit Control Act of 1985. 18 GENERAL PROVISIONS—THIS TITLE 19 SEC. 10608. Notwithstanding any other provision of 20 law, funds made available under each heading in this title 21 shall only be used for the purposes specifically described 22 under that heading. 23 SEC. 10609. Funds appropriated by this title may be 24 used by the Secretary of the Health and Human Services 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 111 •HR 6800 IH to appoint, without regard to the provisions of sections 1 3309 through 3319 of title 5 of the United States Code, 2 candidates needed for positions to perform critical work 3 relating to coronavirus for which— 4 (1) public notice has been given; and 5 (2) the Secretary has determined that such a 6 public health threat exists. 7 SEC. 10610. Funds made available by this title may 8 be used to enter into contracts with individuals for the 9 provision of personal services (as described in section 104 10 of part 37 of title 48, Code of Federal Regulations (48 11 CFR 37.104)) to support the prevention of, preparation 12 for, or response to coronavirus, domestically and inter- 13 nationally, subject to prior notification to the Committees 14 on Appropriations of the House of Representatives and the 15 Senate: Provided, That such individuals may not be 16 deemed employees of the United States for the purpose 17 of any law administered by the Office of Personnel Man- 18 agement: Provided further, That the authority made avail- 19 able pursuant to this section shall expire on September 20 30, 2024. 21 SEC. 10611. Not later than 30 days after the date 22 of enactment of this Act, the Secretary of Health and 23 Human Services shall provide a detailed spend plan of an- 24 ticipated uses of funds made available to the Department 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 112 •HR 6800 IH of Health and Human Services in this Act, including esti- 1 mated personnel and administrative costs, to the Commit- 2 tees on Appropriations of the House of Representatives 3 and the Senate: Provided, That such plans shall be up- 4 dated and submitted to such Committees every 60 days 5 until September 30, 2024: Provided further, That the 6 spend plans shall be accompanied by a listing of each con- 7 tract obligation incurred that exceeds $5,000,000 which 8 has not previously been reported, including the amount of 9 each such obligation. 10 SEC. 10612. No later than September 30, 2020, the 11 remaining unobligated balances of funds made available 12 through September 30, 2020, under the heading ‘‘Na- 13 tional Institutes of Health’’ in the Further Consolidated 14 Appropriations Act, 2020 (Public Law 116–94) are hereby 15 permanently rescinded, and an amount of additional new 16 budget authority equivalent to the amount rescinded from 17 each account is hereby appropriated to that account, to 18 remain available until September 30, 2021, and shall be 19 available for the same purposes, in addition to other funds 20 as may be available for such purposes, and under the same 21 authorities for which the funds were originally provided 22 in Public Law 116–94: Provided, That such amount is 23 designated by the Congress as being for an emergency re- 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 113 •HR 6800 IH quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 1 anced Budget and Emergency Deficit Control Act of 1985. 2 SEC. 10613. Funds made available in Public Law 3 113–235 to the accounts of the National Institutes of 4 Health that were available for obligation through fiscal 5 year 2015 and were obligated for multi-year research 6 grants shall be available through fiscal year 2021 for the 7 liquidation of valid obligations if the Director of the Na- 8 tional Insitutes of Health determines the project suffered 9 an interruption of activities attributable to SARS–CoV– 10 2: Provided, That such amount is designated by the Con- 11 gress as being for an emergency requirement pursuant to 12 section 251(b)(2)(A)(i) of the Balanced Budget and 13 Emergency Deficit Control Act of 1985. 14 SEC. 10614. Of the funds appropriated by this title 15 under the heading ‘‘Public Health and Social Services 16 Emergency Fund’’, $75,000,000 shall be transferred to, 17 and merged with, funds made available under the heading 18 ‘‘Office of the Secretary, Office of Inspector General’’, and 19 shall remain available until expended, for oversight of ac- 20 tivities supported with funds appropriated to the Depart- 21 ment of Health and Human Services in this Act: Provided, 22 That the Inspector General of the Department of Health 23 and Human Services shall consult with the Committees 24 on Appropriations of the House of Representatives and the 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 114 •HR 6800 IH Senate prior to obligating such funds: Provided further, 1 That the transfer authority provided by this section is in 2 addition to any other transfer authority provided by law. 3 TITLE VII—LEGISLATIVE BRANCH 4 HOUSE OF REPRESENTATIVES 5 For an additional amount for the ‘‘House of Rep- 6 resentatives’’, $5,000,000, to remain available until Sep- 7 tember 30, 2021, for necessary expenses to prevent, pre- 8 pare for, and respond to coronavirus: Provided, That the 9 amounts made available under this heading in this Act 10 shall be allocated in accordance with a spend plan sub- 11 mitted to the Committee on Appropriations of the House 12 of Representatives by the Chief Administrative Officer and 13 approved by such Committee: Provided further, That such 14 amount is designated by the Congress as being for an 15 emergency requirement pursuant to section 16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 17 Deficit Control Act of 1985. 18 GOVERNMENT ACCOUNTABILITY OFFICE 19 SALARIES AND EXPENSES 20 For an additional amount for ‘‘Salaries and Ex- 21 penses’’, $30,000,000, to remain available until expended, 22 for audits and investigations relating to COVID–19 or 23 similar pandemics, as well as any related stimulus funding 24 to assist the Nation’s response to health and economic 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 115 •HR 6800 IH vulnerabilities to pandemics: Provided, That, not later 1 than 90 days after the date of enactment of this Act, the 2 Government Accountability Office shall submit to the 3 Committees on Appropriations of the House of Represent- 4 atives and the Senate a spend plan specifying funding esti- 5 mates and a timeline for such audits and investigations: 6 Provided further, That such amount is designated by the 7 Congress as being for an emergency requirement pursuant 8 to section 251(b)(2)(A)(i) of the Balanced Budget and 9 Emergency Deficit Control Act of 1985. 10 TITLE VIII—DEPARTMENT OF STATE, FOREIGN 11 OPERATIONS, AND RELATED PROGRAMS 12 DEPARTMENT OF STATE 13 ADMINISTRATION OF FOREIGN AFFAIRS 14 OFFICE OF INSPECTOR GENERAL 15 For an additional amount for ‘‘Office of Inspector 16 General’’, $2,000,000, to remain available until September 17 30, 2022, for oversight of funds administered by the De- 18 partment of State and made available to prevent, prepare 19 for, and respond to coronavirus by this title and by prior 20 acts: Provided, That such amount is designated by the 21 Congress as being for an emergency requirement pursuant 22 to section 251(b)(2)(A)(i) of the Balanced Budget and 23 Emergency Deficit Control Act of 1985. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 116 •HR 6800 IH GENERAL PROVISIONS — THIS TITLE 1 (INCLUDING TRANSFER OF FUNDS) 2 SEC. 10801. Section 21005 of the Emergency Appro- 3 priations for Coronavirus Health Response and Agency 4 Operations (division B of Public Law 116–136) is amend- 5 ed by inserting at the end before the period ‘‘and is further 6 amended by striking ‘$5,563,619’ in the second proviso 7 under the heading ‘Repatriation Loans Program Account’ 8 and inserting in lieu thereof ‘$15,563,619’ ’’. 9 SEC. 10802. Section 21009 of the Emergency Appro- 10 priations for Coronavirus Health Response and Agency 11 Operations (division B of Public Law 116–136) is amend- 12 ed by striking ‘‘fiscal year 2020’’ and inserting in lieu 13 thereof ‘‘fiscal years 2020 and 2021’’: Provided, That the 14 amount provided by this section is designated by the Con- 15 gress as being for an emergency requirement pursuant to 16 section 251(b)(2)(A)(i) of the Balanced Budget and 17 Emergency Deficit Control Act of 1985. 18 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 117 •HR 6800 IH TITLE IX 1 TRANSPORTATION, HOUSING AND URBAN 2 DEVELOPMENT, AND RELATED AGENCIES 3 DEPARTMENT OF TRANSPORTATION 4 FEDERAL AVIATION ADMINISTRATION 5 OPERATIONS 6 For an additional amount for ‘‘Operations’’, 7 $75,000,000, to remain available until September 30, 8 2022, to prevent, prepare for, and respond to coronavirus: 9 Provided, That amounts made available under this head- 10 ing in this Act shall be derived from the general fund, 11 of which not less than $1,000,000 shall be for the Admin- 12 istrator to seek to enter into an agreement not later than 13 45 days after the date of enactment of this Act with a 14 research organization established under chapter 1503 of 15 title 36, United States Code, to conduct a study to deter- 16 mine whether the environmental controls systems in com- 17 mercial airliners recirculate pathogens in the cabin air and 18 to assess existing and potential technological solutions to 19 reduce pathogen recirculation and to mitigate any elevated 20 risk of exposure to pathogens in the cabin air: Provided 21 further That such amount is designated by the Congress 22 as being for an emergency requirement pursuant to sec- 23 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 24 gency Deficit Control Act of 1985. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 118 •HR 6800 IH FEDERAL HIGHWAY ADMINISTRATION 1 HIGHWAY INFRASTRUCTURE PROGRAMS 2 For an additional amount for ‘‘Highway Infrastruc- 3 ture Programs’’, $15,000,000,000, to remain available 4 until expended: Provided, That the funds made available 5 under this heading shall be derived from the general fund, 6 shall be in addition to any funds provided for fiscal year 7 2020 in this or any other Act for ‘‘Federal-aid Highways’’ 8 under chapters 1 or 2 of title 23, United States Code, 9 and shall not affect the distribution or amount of funds 10 provided in any other Act: Provided further, That notwith- 11 standing chapter 1 of title 23, United States Code, or any 12 other provision of law, a State, territory, Puerto Rico, or 13 Indian Tribe may use funds made available under this 14 heading in this Act for activities eligible under section 15 133(b) of title 23, United States Code, for administrative 16 and operations expenses, including salaries of employees 17 (including those employees who have been placed on ad- 18 ministrative leave) or contractors, information technology 19 needs, and availability payments: Provided further, That 20 of the funds made available under this heading, 21 $14,775,000,000 shall be available for States, 22 $150,000,000 shall be available for the Tribal Transpor- 23 tation Program, as described in section 202 of title 23, 24 United States Code, $60,000,000 shall be available for the 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 119 •HR 6800 IH Puerto Rico Highway Program, as described in section 1 165(b)(2)(C)(iii) of such title; and $15,000,000 shall be 2 available for under the Territorial Highway Program, as 3 described in section 165(c)(6) of such title: Provided fur- 4 ther, That for the purposes of funds made available under 5 this heading the term ‘‘State’’ means any of the 50 States 6 or the District of Columbia: Provided further, That the 7 funds made available under this heading for States shall 8 be apportioned to States in the same ratio as the obliga- 9 tion limitation for fiscal year 2020 was distributed among 10 the States in accordance with the formula specified in sec- 11 tion 120(a)(5) of division H of Public Law 116–94 and 12 shall be apportioned not later than 30 days after the date 13 of enactment of this Act: Provided further, That the funds 14 made available under this heading shall be administered 15 as if apportioned under chapter 1 of title 23, United 16 States Code, except that activities eligible under the Tribal 17 Transportation Program shall be administered as if allo- 18 cated under chapter 2 of title 23, United States Code: Pro- 19 vided further, That funds apportioned to a State under 20 this heading shall be suballocated within the State to areas 21 described in subsection 133(d)(1)(A)(i) of title 23, United 22 States Code, in the same ratio that funds suballocated to 23 those areas for fiscal year 2020 bears to the total amount 24 of funds apportioned to the State for the Federal-aid high- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 120 •HR 6800 IH way program under section 104 of such title for fiscal year 1 2020: Provided further, That of funds made available 2 under this heading for activities eligible under section 3 133(b) of title 23, United States Code, any such activity 4 shall be subject to the requirements of section 133(i) of 5 such title: Provided further, That, except as provided in 6 the following proviso, the funds made available under this 7 heading for activities eligible under the Puerto Rico High- 8 way Program and activities eligible under the Territorial 9 Highway Program shall be administered as if allocated 10 under sections 165(b) and 165(c), respectively, of such 11 title: Provided further, That the funds made available 12 under this heading for activities eligible under the Puerto 13 Rico Highway Program shall not be subject to the require- 14 ments of sections 165(b)(2)(A) or 165(b)(2)(B) of such 15 title: Provided further, That for amounts subject to the 16 obligation limitation under the heading ‘‘Department of 17 Transportation—Federal Highway Administration—Fed- 18 eral-aid Highways—(Limitation on Obligations)—(High- 19 way Trust Fund)’’ in Public Law 116–94 for fiscal year 20 2020 that are obligated after the date of enactment of this 21 Act, and for any amounts made available under this head- 22 ing in this Act, the Federal share of the costs shall be, 23 at the option of the State, District of Columbia, territory, 24 Puerto Rico, or Indian Tribe, up to 100 percent, and may 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 121 •HR 6800 IH be available for administrative and operations expenses, 1 including salaries of employees (including those employees 2 who have been placed on administrative leave) or contrac- 3 tors, information technology needs, and availability pay- 4 ments: Provided further, That section 120(c) of Public 5 Law 116–94 shall not apply for fiscal year 2020, and that 6 amounts that would otherwise have been redistributed by 7 section 120(c) shall be retained by States and shall be 8 available for their original purpose until September 30, 9 2021, except that such amounts shall be subject to such 10 redistribution in fiscal year 2021: Provided further, That 11 amounts made available under section 147 of title 23, 12 United States Code, for fiscal years 2019 and 2020 are 13 available for the administrative and operating expenses of 14 eligible entities related to the response to a coronavirus 15 public health emergency beginning on January 20, 2020, 16 reimbursement for administrative and operating costs to 17 maintain service including the purchase of personal pro- 18 tective equipment, and paying the administrative leave of 19 operations personnel due to reductions in service: Provided 20 further, That funds made available for administrative and 21 operating expenses authorized for fiscal year 2020 in Pub- 22 lic Law 116–94 or in this Act under this heading are not 23 required to be included in a transportation improvement 24 program or a statewide transportation improvement pro- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 122 •HR 6800 IH gram under sections 134 or 135 of title 23, United States 1 Code, or chapter 53 of title 49, United States Code, as 2 applicable: Provided further, That unless otherwise speci- 3 fied, applicable requirements under title 23, United States 4 Code, shall apply to funds made available under this head- 5 ing: Provided further, That the Administrator of the Fed- 6 eral Highway Administration may retain up to one half 7 of one percent of the funds made available under this 8 heading to fund the oversight by the Administrator of ac- 9 tivities carried out with funds made available under this 10 heading: Provided further, That such amount is designated 11 by the Congress as being for an emergency requirement 12 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 13 et and Emergency Deficit Control Act of 1985. 14 FEDERAL TRANSIT ADMINISTRATION 15 PUBLIC TRANSPORTATION EMERGENCY RELIEF 16 For an additional amount for ‘‘Public Transportation 17 Emergency Relief’’, $15,750,000,000, to remain available 18 until expended, to prevent, prepare for, and respond to 19 coronavirus: Provided, That of the amounts appropriated 20 under this heading in this Act— 21 (1) $11,750,000,000 shall be for grants to ur- 22 banized areas with populations over 3,000,000 and 23 shall be allocated in the same ratio as funds were 24 provided in fiscal year 2020: Provided, That 15 per- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 123 •HR 6800 IH cent of the amounts provided in this paragraph shall 1 be allocated as if such funds were provided under 2 section 5307 of title 49, United States Code and ap- 3 portioned in accordance with section 5338 of such 4 title (other than subsection (b)(3) and (c)(1)(A)) 5 and 85 percent of the amounts provided in this 6 paragraph shall be allocated under section 5337 of 7 such title and apportioned in accordance with such 8 section: Provided further, That funds provided under 9 section 5337 shall be added to funds apportioned 10 under section 5307 for administration in accordance 11 with provisions under section 5307: Provided further, 12 That for urbanized areas with multiple subrecipi- 13 ents, funds provided under section 5337 in this 14 paragraph shall be distributed among subrecipients 15 using the same ratio used to distribute funds made 16 available for section 5337 in fiscal year 2020; and 17 (2) $4,000,000,000 shall be for grants to tran- 18 sit agencies that, as a result of coronavirus, require 19 significant additional assistance to maintain basic 20 transit services: Provided, That such funds shall be 21 administered as if they were provided under section 22 5324 of title 49, United States Code: Provided fur- 23 ther, That any recipient or subrecipient of funds 24 under chapter 53 of title 49, United States Code, or 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 124 •HR 6800 IH an intercity bus service provider that has, between 1 October 1, 2018 and January 20, 2020, partnered 2 with a recipient or subrecipient in order to meet the 3 requirements of section 5311(f) of such title shall be 4 eligible to directly apply for funds under this para- 5 graph: Provided further, That entities that are not 6 recipients or subrecipients of funds under chapter 53 7 of title 49 but are eligible for grants under this 8 heading in this Act shall be eligible to receive not 9 more than 18.75 percent of the total funds provided 10 under this paragraph: Provided further, That such 11 entities shall use assistance provided under this 12 heading only for workforce retention or, the recall or 13 rehire of any laid off, furloughed, or terminated em- 14 ployee, associated with the provision of bus service: 15 Provided further, That, the Secretary shall issue a 16 Notice of Funding Opportunity not later than 30 17 days after the date of enactment of this Act and 18 that such Notice of Funding Opportunity shall re- 19 quire application submissions not later than 45 days 20 after the enactment of this Act: Provided further, 21 That the Secretary shall make awards not later than 22 45 days after the application deadline: Provided fur- 23 ther, That the Secretary shall require grantees to 24 provide estimates of financial need, data on reduced 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 125 •HR 6800 IH ridership, and a spending plan for funds: Provided 1 further, That when evaluating applications for assist- 2 ance, the Secretary shall give priority to transit 3 agencies with the largest revenue loss as a percent- 4 age of their operating expenses: Provided further, 5 That if applications for assistance do not exceed 6 available funds, the Secretary shall reserve the re- 7 maining amounts for grantees to prevent, prepare 8 for, and respond to coronavirus and shall accept ap- 9 plications on a rolling basis: Provided further, That 10 if amounts made available under this heading in this 11 Act remain unobligated on December 31, 2021, such 12 amounts shall be available for any purpose eligible 13 under section 5324 of title 49, United States Code: 14 Provided further, That the provision of funds under this 15 section shall not affect the ability of any other agency of 16 the Government, including the Federal Emergency Man- 17 agement Agency, or State agency, a local governmental 18 entity, organization, or person, to provide any other funds 19 otherwise authorized by law: Provided further, That not- 20 withstanding subsection (a)(1) or (b) of section 5307 of 21 title 49, United States Code, subsection (a)(1) of section 22 5324 of such title, or any provision of chapter 53 of title 23 49, funds provided under this heading in this Act are 24 available for the operating expenses of transit agencies re- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 126 •HR 6800 IH lated to the response to a coronavirus public health emer- 1 gency, including, beginning on January 20, 2020, reim- 2 bursement for operating costs to maintain service and lost 3 revenue due to the coronavirus public health emergency, 4 including the purchase of personal protective equipment, 5 and paying the administrative leave of operations or con- 6 tractor personnel due to reductions in service: Provided 7 further, That to the maximum extent possible, funds made 8 available under this heading in this Act and in title XII 9 of division B of the CARES Act (Public Law 116-136) 10 shall be directed to payroll and public transit service, un- 11 less the recipient certifies to the Secretary they have not 12 furloughed any employees: Provided further, That such op- 13 erating expenses are not required to be included in a 14 transportation improvement program, long-range trans- 15 portation plan, statewide transportation plan, or a state- 16 wide transportation improvement program: Provided fur- 17 ther, That the Secretary shall not waive the requirements 18 of section 5333 of title 49, United States Code, for funds 19 appropriated under this heading in this Act: Provided fur- 20 ther, That unless otherwise specified, applicable require- 21 ments under chapter 53 of title 49, United States Code, 22 shall apply to funding made available under this heading 23 in this Act, except that the Federal share of the costs for 24 which any grant is made under this heading in this Act 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 127 •HR 6800 IH shall be, at the option of the recipient, up to 100 percent: 1 Provided further, That the amount made available under 2 this heading in this Act shall be derived from the general 3 fund and shall not be subject to any limitation on obliga- 4 tions for transit programs set forth in any Act: Provided 5 further, That not more than one-half of one percent of the 6 funds for transit infrastructure grants provided under this 7 heading in this Act shall be available for administrative 8 expenses and ongoing program management oversight as 9 authorized under sections 5334 and 5338(f)(2) of title 49, 10 United States Code, and shall be in addition to any other 11 appropriations for such purpose: Provided further, That 12 such amount is designated by the Congress as being for 13 an emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 DEPARTMENT OF HOUSING AND URBAN 17 DEVELOPMENT 18 PUBLIC AND INDIAN HOUSING 19 TENANT-BASED RENTAL ASSISTANCE 20 (INCLUDING TRANSFER OF FUNDS) 21 For an additional amount for ‘‘Tenant-Based Rental 22 Assistance’’, $4,000,000,000, to remain available until ex- 23 pended, and to be used under the same authority and con- 24 ditions as the additional appropriations for fiscal year 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 128 •HR 6800 IH 2020 under this heading in title XII of division B of the 1 CARES Act (Public Law 116–136), except that any 2 amounts provided for administrative expenses and other 3 expenses of public housing agencies for their section 8 pro- 4 grams, including Mainstream vouchers, under this heading 5 in the CARES Act (Public Law 116–136) and under this 6 heading in this Act shall also be available for Housing As- 7 sistance Payments under section 8(o) of the United States 8 Housing Act of 1937 (42 U.S.C. 1437f(o)): Provided, 9 That amounts made available under this heading in this 10 Act and under the same heading in title XII of division 11 B of the CARES Act may be used to cover or reimburse 12 allowable costs incurred to prevent, prepare for, and re- 13 spond to coronavirus regardless of the date on which such 14 costs were incurred: Provided further, That of the amounts 15 made available under this heading in this Act, 16 $500,000,000 shall be available for administrative ex- 17 penses and other expenses of public housing agencies for 18 their section 8 programs, including Mainstream vouchers: 19 Provided further, That of the amounts made available 20 under this heading in this Act, $2,500,000,000 shall be 21 available for adjustments in the calendar year 2020 sec- 22 tion 8 renewal funding allocations, including Mainstream 23 vouchers, for public housing agencies that experience a 24 significant increase in voucher per-unit costs due to ex- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 129 •HR 6800 IH traordinary circumstances or that, despite taking reason- 1 able cost savings measures, as determined by the Sec- 2 retary, would otherwise be required to terminate rental as- 3 sistance for families as a result of insufficient funding: 4 Provided further, That of the amounts made available 5 under this heading in this Act, $1,000,000,000 shall be 6 used for incremental rental voucher assistance under sec- 7 tion 8(o) of the United States Housing Act of 1937 for 8 use by individuals and families who are—homeless, as de- 9 fined under section 103(a) of the McKinney-Vento Home- 10 less Assistance Act (42 U.S.C. 11302(a)); at risk of home- 11 lessness, as defined under section 401(1) of the McKin- 12 ney-Vento Homeless Assistance Act (42 U.S.C. 11360(1)); 13 or fleeing, or attempting to flee, domestic violence, dating 14 violence, sexual assault, or stalking: Provided further, That 15 the Secretary shall allocate amounts made available in the 16 preceding proviso to public housing agencies not later than 17 60 days after the date of enactment of this Act, according 18 to a formula that considers the ability of the public hous- 19 ing agency to use vouchers promptly and the need of geo- 20 graphical areas based on factors to be determined by the 21 Secretary, such as risk of transmission of coronavirus, 22 high numbers or rates of sheltered and unsheltered home- 23 lessness, and economic and housing market conditions: 24 Provided further, That if a public housing authority elects 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 130 •HR 6800 IH not to administer or does not promptly issue all of its au- 1 thorized vouchers within a reasonable period of time, the 2 Secretary shall reallocate any unissued vouchers and asso- 3 ciated funds to other public housing agencies according 4 to the criteria in the preceding proviso: Provided further, 5 That a public housing agency shall not reissue any vouch- 6 ers under this heading in this Act for incremental rental 7 voucher assistance when assistance for the family initially 8 assisted is terminated: Provided further, That upon termi- 9 nation of incremental rental voucher assistance under this 10 heading in this Act for one or more families assisted by 11 a public housing agency, the Secretary shall reallocate 12 amounts that are no longer needed by such public housing 13 agency for assistance under this heading in this Act to 14 another public housing agency for the renewal of vouchers 15 previously authorized under this heading in this Act: Pro- 16 vided further, That amounts made available in this para- 17 graph are in addition to any other amounts made available 18 for such purposes: Provided further, That up to 0.5 per- 19 cent of the amounts made available under this heading 20 in this Act may be transferred, in aggregate, to ‘‘Depart- 21 ment of Housing and Urban Development, Program Of- 22 fices—Public and Indian Housing’’ to supplement existing 23 resources for the necessary costs of administering and 24 overseeing the obligation and expenditure of these 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 131 •HR 6800 IH amounts, to remain available until September 30, 2024: 1 Provided further, That such amount is designated by the 2 Congress as being for an emergency requirement pursuant 3 to section 251(b)(2)(A)(i) of the Balanced Budget and 4 Emergency Deficit Control Act of 1985. 5 PUBLIC HOUSING OPERATING FUND 6 (INCLUDING TRANSFER OF FUNDS) 7 For an additional amount for ‘‘Public Housing Oper- 8 ating Fund’’, as authorized by section 9(e) of the United 9 States Housing Act of 1937 (42 U.S.C. 1437g(e)), 10 $2,000,000,000, to remain available until September 30, 11 2021, and to be used under the same authority and condi- 12 tions as the additional appropriations for fiscal year 2020 13 under this heading in title XII of division B of the CARES 14 Act (Public Law 116–136): Provided, That amounts made 15 available under this heading in this Act and under the 16 same heading in title XII of division B of the CARES Act 17 may be used to cover or reimburse allowable costs incurred 18 to prevent, prepare for, and respond to coronavirus re- 19 gardless of the date on which such costs were incurred: 20 Provided further, That up to 0.5 percent of the amounts 21 made available under this heading in this Act may be 22 transferred, in aggregate, to ‘‘Department of Housing and 23 Urban Development, Program Offices—Public and Indian 24 Housing’’ to supplement existing resources for the nec- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 132 •HR 6800 IH essary costs of administering and overseeing the obligation 1 and expenditure of these amounts, to remain available 2 until September 30, 2024: Provided further, That such 3 amount is designated by the Congress as being for an 4 emergency requirement pursuant to section 5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 6 Deficit Control Act of 1985. 7 COMMUNITY PLANNING AND DEVELOPMENT 8 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 9 For an additional amount for ‘‘Housing Opportuni- 10 ties for Persons with AIDS’’, $15,000,000, to remain 11 available until September 30, 2021, and to be used under 12 the same authority and conditions as the additional appro- 13 priations for fiscal year 2020 under this heading in title 14 XII of division B of the CARES Act (Public Law 116– 15 136): Provided, That amounts provided under this heading 16 in this Act that are allocated pursuant to section 854(c)(5) 17 of the AIDS Housing Opportunity Act (42 U.S.C. 12901 18 et seq.) shall remain available until September 30, 2022: 19 Provided further, That not less than $15,000,000 of the 20 amount provided under this heading in this Act shall be 21 allocated pursuant to the formula in section 854 of such 22 Act using the same data elements as utilized pursuant to 23 that same formula in fiscal year 2020: Provided further, 24 That such amount is designated by the Congress as being 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 133 •HR 6800 IH for an emergency requirement pursuant to section 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 COMMUNITY DEVELOPMENT FUND 4 (INCLUDING TRANSFER OF FUNDS) 5 For an additional amount for ‘‘Community Develop- 6 ment Fund’’, $5,000,000,000, to remain available until 7 September 30, 2023, and to be used under the same au- 8 thority and conditions as the additional appropriations for 9 fiscal year 2020 under this heading in title XII of division 10 B of the CARES Act (Public Law 116–136): Provided, 11 That such amount made available under this heading in 12 this Act shall be distributed pursuant to section 106 of 13 the Housing and Community Development Act of 1974 14 (42 U.S.C. 5306) to grantees that received allocations 15 pursuant to such formula in fiscal year 2020, and that 16 such allocations shall be made within 30 days of enact- 17 ment of this Act: Provided further, That in administering 18 funds under this heading, an urban county shall consider 19 needs throughout the entire urban county configuration 20 to prevent, prepare for, and respond to coronavirus: Pro- 21 vided further, That up to $100,000,000 of amounts made 22 available under this heading in this Act may be used to 23 make new awards or increase prior awards to existing 24 technical assistance providers: Provided further, That of 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 134 •HR 6800 IH the amounts made available under this heading in this 1 Act, up to $25,000,000 may be transferred to ‘‘Depart- 2 ment of Housing and Urban Development, Program Of- 3 fices—Community Planning and Development’’ for nec- 4 essary costs of administering and overseeing the obligation 5 and expenditure of amounts under this heading in this 6 Act, to remain available until September 30, 2028: Pro- 7 vided further, That such amount is designated by the Con- 8 gress as being for an emergency requirement pursuant to 9 section 251(b)(2)(A)(i) of the Balanced Budget and 10 Emergency Deficit Control Act of 1985. 11 HOMELESS ASSISTANCE GRANTS 12 (INCLUDING TRANSFER OF FUNDS) 13 For an additional amount for ‘‘Homeless Assistance 14 Grants’’, $11,500,000,000, to remain available until Sep- 15 tember 30, 2025, for the Emergency Solutions Grants pro- 16 gram as authorized under subtitle B of title IV of the 17 McKinney-Vento Homeless Assistance Act (42 U.S.C. 18 11371 et seq.), as amended, and to be used under the 19 same authority and conditions as the additional appropria- 20 tions for fiscal year 2020 under this heading in title XII 21 of division B of the CARES Act (Public Law 116–136): 22 Provided, That $4,000,000,000 of the amount made avail- 23 able under this heading in this Act shall be distributed 24 pursuant to 24 CFR 576.3 to grantees that received allo- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 135 •HR 6800 IH cations pursuant to that same formula in fiscal year 2020, 1 and that such allocations shall be made within 30 days 2 of enactment of this Act: Provided further, That, in addi- 3 tion to amounts allocated in the preceding proviso, remain- 4 ing amounts shall be allocated directly to a State or unit 5 of general local government by the formula specified in 6 the third proviso under this heading in title XII of division 7 B of the CARES Act (Public Law 116–136): Provided fur- 8 ther, That not later than 90 days after the date of enact- 9 ment of this Act and every 60 days thereafter, the Sec- 10 retary shall allocate a minimum of an additional 11 $500,000,000, pursuant to the formula referred to in the 12 preceding proviso, based on the best available data: Pro- 13 vided further, That up to 0.5 percent of the amounts made 14 available under this heading in this Act may be trans- 15 ferred to ‘‘Department of Housing and Urban Develop- 16 ment—Program Offices—Community Planning and De- 17 velopment’’ for necessary costs of administering and over- 18 seeing the obligation and expenditure of amounts under 19 this heading in this Act, to remain available until Sep- 20 tember 30, 2030: Provided further, That funds made avail- 21 able under this heading in this Act and under this heading 22 in title XII of division B of the CARES Act (Public Law 23 116–136) may be used for eligible activities the Secretary 24 determines to be critical in order to assist survivors of do- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 136 •HR 6800 IH mestic violence, sexual assault, dating violence, and stalk- 1 ing or to assist homeless youth, age 24 and under: Pro- 2 vided further, That amounts repurposed by this paragraph 3 that were previously designated by the Congress as an 4 emergency requirement pursuant to the Balanced Budget 5 and Emergency Deficit Control Act of 1985 are des- 6 ignated by the Congress as an emergency requirement 7 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 8 et and Emergency Deficit Control Act of 1985: Provided 9 further, That such amount is designated by the Congress 10 as being for an emergency requirement pursuant to sec- 11 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 12 gency Deficit Control Act of 1985. 13 EMERGENCY RENTAL ASSISTANCE 14 For activities and assistance authorized in section 15 110201 of the ‘‘COVID–19 HERO Act’’, 16 $100,000,000,000, to remain available until expended: 17 Provided, That such amount is designated by the Congress 18 as being for an emergency requirement pursuant to sec- 19 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 20 gency Deficit Control Act of 1985. 21 HOUSING PROGRAMS 22 PROJECT-BASED RENTAL ASSISTANCE 23 For an additional amount for ‘‘Project-Based Rental 24 Assistance’’, $750,000,000, to remain available until ex- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 137 •HR 6800 IH pended, and to be used under the same authority and con- 1 ditions as the additional appropriations for fiscal year 2 2020 under this heading in title XII of division B of the 3 CARES Act (Public Law 116–136): Provided, That such 4 amount is designated by the Congress as being for an 5 emergency requirement pursuant to section 6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 7 Deficit Control Act of 1985. 8 HOUSING FOR THE ELDERLY 9 For an additional amount for ‘‘Housing for the El- 10 derly’’, $500,000,000, to remain available until September 11 30, 2023, and to be used under the same authority and 12 conditions as the additional appropriations for fiscal year 13 2020 under this heading in title XII of division B of the 14 CARES Act (Public Law 116–136): Provided, That not- 15 withstanding the first proviso under this heading in the 16 CARES Act, $300,000,000 of the amount made available 17 under this heading in this Act shall be for one-time grants 18 for service coordinators, as authorized under section 676 19 of the Housing and Community Development Act of 1992 20 (42 U.S.C. 13632), and the continuation of existing con- 21 gregate service grants for residents of assisted housing 22 projects: Provided further, That such amount is designated 23 by the Congress as being for an emergency requirement 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 138 •HR 6800 IH pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 1 et and Emergency Deficit Control Act of 1985. 2 HOUSING FOR PERSONS WITH DISABILITIES 3 For an additional amount for ‘‘Housing for Persons 4 with Disabilities’’, $200,000,000, to remain available until 5 September 30, 2023, and to be used under the same au- 6 thority and conditions as the additional appropriations for 7 fiscal year 2020 under this heading in title XII of division 8 B of the CARES Act (Public Law 116–136): Provided, 9 That such amount is designated by the Congress as being 10 for an emergency requirement pursuant to section 11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 12 Deficit Control Act of 1985. 13 HOUSING COUNSELING ASSISTANCE 14 For an additional amount for ‘‘Housing Counseling 15 Assistance’’, for contracts, grants, and other assistance 16 excluding loans, as authorized under section 106 of the 17 Housing and Urban Development Act of 1968, 18 $100,000,000, to remain available until September 30, 19 2022, including up to $8,000,000 for administrative con- 20 tract services: Provided, That funds made available under 21 this heading in this Act shall be used for providing coun- 22 seling and advice to tenants and homeowners, both current 23 and prospective, with respect to property maintenance, fi- 24 nancial management or literacy, foreclosure and eviction 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 139 •HR 6800 IH mitigation, and such other matters as may be appropriate 1 to assist them in improving their housing conditions, meet- 2 ing their financial needs, and fulfilling the responsibilities 3 of tenancy or homeownership; for program administration; 4 and for housing counselor training: Provided further, That 5 amounts made available under this heading in this Act 6 may be used to purchase equipment and technology to de- 7 liver services through use of the Internet or other elec- 8 tronic or virtual means in response to the public health 9 emergency related to the Coronavirus Disease 2019 10 (COVID–19) pandemic: Provided further, That for pur- 11 poses of providing such grants from amounts provided 12 under this heading, the Secretary may enter into 13 multiyear agreements, as appropriate, subject to the avail- 14 ability of annual appropriations: Provided further, That 15 such amount is designated by the Congress as being for 16 an emergency requirement pursuant to section 17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 FAIR HOUSING AND EQUAL OPPORTUNITY 20 FAIR HOUSING ACTIVITIES 21 For an additional amount for ‘‘Fair Housing Activi- 22 ties’’, $14,000,000, to remain available until September 23 30, 2022, and to be used under the same authority and 24 conditions as the additional appropriations for fiscal year 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 140 •HR 6800 IH 2020 under this heading in title XII of division B of the 1 CARES Act (Public Law 116–136): Provided, That of the 2 funds made available under this heading in this Act, 3 $4,000,000 shall be for Fair Housing Organization Initia- 4 tive grants through the Fair Housing Initiatives Program 5 (FHIP), made available to existing grantees, which may 6 be used for fair housing activities and for technology and 7 equipment needs to deliver services through use of the 8 Internet or other electronic or virtual means in response 9 to the public health emergency related to the Coronavirus 10 Disease 2019 (COVID–19) pandemic: Provided further, 11 That of the funds made available under this heading in 12 this Act, $10,000,000 shall be for FHIP Education and 13 Outreach grants made available to previously-funded na- 14 tional media grantees and State and local education and 15 outreach grantees, to educate the public and the housing 16 industry about fair housing rights and responsibilities dur- 17 ing the COVID–19 pandemic: Provided further, That such 18 grants in the preceding proviso shall be divided evenly be- 19 tween the national media campaign and education and 20 outreach activities: Provided further, That such amount is 21 designated by the Congress as being for an emergency re- 22 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 23 anced Budget and Emergency Deficit Control Act of 1985. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 141 •HR 6800 IH GENERAL PROVISIONS—THIS TITLE 1 (INCLUDING RESCISSIONS) 2 SEC. 10901. There is hereby appropriated from the 3 General Fund of the Treasury, for payment to the Airport 4 and Airway Trust Fund, an amount equal to the amount 5 authorized by section 9502(c) of title 26, United States 6 Code. 7 SEC. 10902. Amounts previously made available in 8 the Further Continuing Appropriations Act, 2013 (Public 9 Law 113–6) for the heading ‘‘Department of Housing and 10 Urban Development—Public and Indian Housing—Choice 11 Neighborhoods Initiative’’ shall remain available for ex- 12 penditure for the purpose of paying valid obligations in- 13 curred prior to the expiration of such amounts through 14 September 30, 2021. 15 SEC. 10903. The provision under the heading ‘‘Office 16 of the Inspector General—Salaries and Expenses’’ in title 17 XII of division B of the Coronavirus Aid, Relief, and Eco- 18 nomic Security Act (Public Law 116–136) is amended by 19 striking ‘‘with funds made available in this Act to’’ and 20 inserting ‘‘by’’: Provided, That the amounts repurposed in 21 this section that were previously designated by the Con- 22 gress as an emergency requirement pursuant to the Bal- 23 anced Budget and Emergency Deficit Control Act of 1985 24 are designated by the Congress as an emergency require- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 142 •HR 6800 IH ment pursuant to section 251(b)(2)(A)(i) of the Balanced 1 Budget and Emergency Deficit Control Act of 1985. 2 SEC. 10904. (a) Notwithstanding section 3 51309(a)(1)(B) of title 46, United States Code, for fiscal 4 year 2020, the Secretary of Transportation may confer the 5 degree of bachelor of science on an individual who has not 6 passed the examination for a merchant marine officer’s 7 license due to intervening efforts to prevent, prepare for, 8 and respond to coronavirus. 9 (b) The Secretary of Transportation may provide 10 such individual up to 1 year after receipt of such degree 11 to pass the examination for a merchant marine officer’s 12 license. 13 (c) Nothing in this section shall be construed to allow 14 the provision of a license under section 7101 of title 46, 15 United States Code, to an individual who has not passed 16 the required examination. 17 SEC. 10905. (a) Notwithstanding section 18 51506(a)(3) of title 46, United States Code, for fiscal year 19 2020, the Secretary of Transportation may allow a State 20 maritime academy to waive a condition for graduation for 21 an individual to pass the examination required for the 22 issuance of a license under section 7101 of title 46, United 23 States Code, due to intervening efforts to prevent, prepare 24 for, and respond to coronavirus. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 143 •HR 6800 IH (b) The Secretary of Transportation may provide 1 such individual up to 1 year after graduation to pass such 2 examination. 3 (c) Nothing in this section shall be construed to allow 4 the provision of a license under section 7101 of title 46, 5 United States Code, to an individual who has not passed 6 the required examination. 7 SEC. 10906. Amounts made available under the head- 8 ings ‘‘Project-Based Rental Assistance,’’ ‘‘Housing for the 9 Elderly’’ and ‘‘Housing for Persons With Disabilities’’ in 10 title XII of division B of the CARES Act (Public Law 11 116–136) and under such headings in this title of this Act 12 may be used, notwithstanding any other provision of law, 13 to provide additional funds to maintain operations for 14 such housing, for providing supportive services, and for 15 taking other necessary actions to prevent, prepare for, and 16 respond to coronavirus, including to actions to self-isolate, 17 quarantine, or to provide other coronavirus infection con- 18 trol services as recommended by the Centers for Disease 19 Control and Prevention, including providing relocation 20 services for residents of such housing to provide lodging 21 at hotels, motels, or other locations: Provided, That the 22 amounts repurposed in this section that were previously 23 designated by the Congress as an emergency requirement 24 pursuant to the Balanced Budget and Emergency Deficit 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 144 •HR 6800 IH Control Act of 1985 are designated by the Congress as 1 an emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 TITLE X 5 GENERAL PROVISIONS—THIS DIVISION 6 SEC. 11001. Not later than 30 days after the date 7 of enactment of this Act, the head of each executive agen- 8 cy that receives funding in any division of this Act, or that 9 received funding in the Coronavirus Preparedness and Re- 10 sponse Supplemental Appropriations Act, 2020 (division 11 A of Public Law 116–123), the Second Coronavirus Pre- 12 paredness and Response Supplemental Appropriations 13 Act, 2020 (division A of Public Law 116–127), the 14 CARES Act (Public Law 116–136), or the Paycheck Pro- 15 tection Program and Health Care Enhancement Act (Pub- 16 lic Law 116–139) shall provide a report detailing the an- 17 ticipated uses of all such funding to the Committees on 18 Appropriations of the House of Representatives and the 19 Senate: Provided, That each report shall include estimated 20 personnel and administrative costs, as well as the total 21 amount of funding apportioned, allotted, obligated, and 22 expended, to date: Provided further, That each such report 23 shall be updated and submitted to such Committees every 24 60 days until all funds are expended or expire: Provided 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 145 •HR 6800 IH further, That reports submitted pursuant to this section 1 shall satisfy the requirements of section 1701 of division 2 A of Public Law 116–127. 3 SEC. 11002. Each amount appropriated or made 4 available by this Act is in addition to amounts otherwise 5 appropriated for the fiscal year involved. 6 SEC. 11003. No part of any appropriation contained 7 in this Act shall remain available for obligation beyond 8 the current fiscal year unless expressly so provided herein. 9 SEC. 11004. Unless otherwise provided for by this 10 Act, the additional amounts appropriated by this Act to 11 appropriations accounts shall be available under the au- 12 thorities and conditions applicable to such appropriations 13 accounts for fiscal year 2020. 14 SEC. 11005. Each amount designated in this Act by 15 the Congress as being for an emergency requirement pur- 16 suant to section 251(b)(2)(A)(i) of the Balanced Budget 17 and Emergency Deficit Control Act of 1985 shall be avail- 18 able (or rescinded or transferred, if applicable) only if the 19 President subsequently so designates all such amounts 20 and transmits such designations to the Congress. 21 SEC. 11006. Any amount appropriated by this Act, 22 designated by the Congress as an emergency requirement 23 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 24 et and Emergency Deficit Control Act of 1985 and subse- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 146 •HR 6800 IH quently so designated by the President, and transferred 1 pursuant to transfer authorities provided by this Act shall 2 retain such designation. 3 SEC. 11007. (a) Any contract or agreement entered 4 into by an agency with a State or local government or any 5 other non-Federal entity for the purposes of providing cov- 6 ered assistance, including any information and documents 7 related to the performance of and compliance with such 8 contract or agreement, shall be— 9 (1) deemed an agency record for purposes of 10 section 552(f)(2) of title 5, United States Code; and 11 (2) subject to section 552 of title 5, United 12 States Code (commonly known as the ‘‘Freedom of 13 Information Act’’). 14 (b) In this section— 15 (1) the term ‘‘agency’’ has the meaning given 16 the term in section 551 of title 5, United States 17 Code; and 18 (2) the term ‘‘covered assistance’’— 19 (A) means any assistance provided by an 20 agency in accordance with an Act or amend- 21 ments made by an Act to provide aid, assist- 22 ance, or funding related to the outbreak of 23 COVID–19 that is enacted before, on, or after 24 the date of enactment of this Act; and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 147 •HR 6800 IH (B) includes any such assistance made 1 available by an agency under— 2 (i) this Act; 3 (ii) the Paycheck Protection Program 4 and Health Care Enhancement Act (Public 5 Law 116–139), or an amendment made by 6 that Act; 7 (iii) the CARES Act (Public Law 8 116–136), or an amendment made by that 9 Act; 10 (iv) the Families First Coronavirus 11 Response Act (Public Law 116–127), or an 12 amendment made by that Act; or 13 (v) the Coronavirus Preparedness and 14 Response Supplemental Appropriations 15 Act, 2020 (Public Law 116–123), or an 16 amendment made by that Act. 17 SEC. 11008. (a) Notwithstanding any other provision 18 of law and in a manner consistent with other provisions 19 in any division of this Act, all laborers and mechanics em- 20 ployed by contractors and subcontractors on projects fund- 21 ed directly by or assisted in whole or in part by and 22 through the Federal Government pursuant to any division 23 of this Act shall be paid wages at rates not less than those 24 prevailing on projects of a character similar in the locality 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 148 •HR 6800 IH as determined by the Secretary of Labor in accordance 1 with subchapter IV of chapter 31 of title 40, United States 2 Code. With respect to the labor standards specified in this 3 section, the Secretary of Labor shall have the authority 4 and functions set forth in Reorganization Plan Numbered 5 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 6 3145 of title 40, United States Code. 7 (b) The amounts provided by this section are des- 8 ignated by the Congress as being for an emergency re- 9 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 10 anced Budget and Emergency Deficit Control Act of 1985. 11 BUDGETARY EFFECTS 12 SEC. 11009. (a) STATUTORY PAYGO EMERGENCY 13 DESIGNATION.—The amounts provided under division B 14 and each succeeding division are designated as an emer- 15 gency requirement pursuant to section 4(g) of the Statu- 16 tory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). 17 (b) SENATE PAYGO EMERGENCY DESIGNATION.— 18 In the Senate, division B and each succeeding division are 19 designated as an emergency requirement pursuant to sec- 20 tion 4112(a) of H. Con. Res. 71 (115th Congress), the 21 concurrent resolution on the budget for fiscal year 2018. 22 (c) CLASSIFICATION OF BUDGETARY EFFECTS.— 23 Notwithstanding Rule 3 of the Budget Scorekeeping 24 Guidelines set forth in the joint explanatory statement of 25 the committee of conference accompanying Conference Re- 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 149 •HR 6800 IH port 105–217 and section 250(c)(8) of the Balanced 1 Budget and Emergency Deficit Control Act of 1985, the 2 budgetary effects of division B and each succeeding divi- 3 sion— 4 (1) shall not be estimated for purposes of sec- 5 tion 251 of such Act; and 6 (2) shall be entered on the PAYGO scorecards 7 maintained pursuant to section 4(d) of the Statutory 8 Pay-As-You-Go Act of 2010. 9 (d) ENSURING NO WITHIN-SESSION SEQUESTRA- 10 TION.—Solely for the purpose of calculating a breach with- 11 in a category for fiscal year 2020 pursuant to section 12 251(a)(6) or section 254(g) of the Balanced Budget and 13 Emergency Deficit Control Act of 1985, and notwith- 14 standing any other provision of this division, the budg- 15 etary effects from this division shall be counted as 16 amounts designated as being for an emergency require- 17 ment pursuant to section 251(b)(2)(A) of such Act. 18 19 This division may be cited as the ‘‘Coronavirus Re- 20 covery Supplemental Appropriations Act, 2020’’. 21 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 150 •HR 6800 IH DIVISION B—REVENUE PROVISIONS 1 SEC. 20001. SHORT TITLE. 2 This division may be cited as the ‘‘COVID–19 Tax 3 Relief Act of 2020’’. 4 TITLE I—ECONOMIC STIMULUS 5 Subtitle A—2020 Recovery Rebate Improvements 6 SEC. 20101. DEPENDENTS TAKEN INTO ACCOUNT IN DETER- 7 MINING CREDIT AND REBATES. 8 (a) IN GENERAL.—Section 6428(a)(2) of the Internal 9 Revenue Code of 1986 is amended by striking ‘‘qualifying 10 children (within the meaning of section 24(c))’’ and insert- 11 ing ‘‘dependents (as defined in section 152)’’. 12 (b) CONFORMING AMENDMENTS.— 13 (1) Section 6428(g) of such Code is amended 14 by striking ‘‘qualifying child’’ each place it appears 15 and inserting ‘‘dependent’’. 16 (2) Section 6428(g)(2)(B) of such Code is 17 amended by striking ‘‘such child’’ and inserting 18 ‘‘such dependent’’. 19 (c) EFFECTIVE DATE.—The amendments made by 20 this section shall take effect as if included in section 2201 21 of the CARES Act. 22 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 151 •HR 6800 IH SEC. 20102. INDIVIDUALS PROVIDING TAXPAYER IDENTI- 1 FICATION NUMBERS TAKEN INTO ACCOUNT 2 IN DETERMINING CREDIT AND REBATES. 3 (a) IN GENERAL.—Section 6428(g) of the Internal 4 Revenue Code of 1986, as amended by section 20101 of 5 this Act, is amended to read as follows: 6 ‘‘(g) IDENTIFICATION NUMBER REQUIREMENT.— 7 ‘‘(1) IN GENERAL.—The $1,200 amount in sub- 8 section (a)(1) shall be treated as being zero unless 9 the taxpayer includes the TIN of the taxpayer on 10 the return of tax for the taxable year. 11 ‘‘(2) JOINT RETURNS.—In the case of a joint 12 return, the $2,400 amount in subsection (a)(1) shall 13 be treated as being— 14 ‘‘(A) zero if the TIN of neither spouse is 15 included on the return of tax for the taxable 16 year, and 17 ‘‘(B) $1,200 if the TIN of only one spouse 18 is so included. 19 ‘‘(3) DEPENDENTS.—A dependent shall not be 20 taken into account under subsection (a)(2) unless 21 the TIN of such dependent is included on the return 22 of tax for the taxable year. 23 ‘‘(4) COORDINATION WITH CERTAIN ADVANCE 24 PAYMENTS.—In the case of any payment made pur- 25 suant to subsection (f)(5)(B), a TIN shall be treated 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 152 •HR 6800 IH for purposes of this subsection as included on the 1 taxpayer’s return of tax if such TIN is provided pur- 2 suant to such subsection. 3 ‘‘(5) MATHEMATICAL OR CLERICAL ERROR AU- 4 THORITY.—Any omission of a correct TIN required 5 under this subsection shall be treated as a mathe- 6 matical or clerical error for purposes of applying sec- 7 tion 6213(g)(2) to such omission.’’. 8 (b) EFFECTIVE DATE.—The amendment made by 9 this section shall take effect as if included in section 2201 10 of the CARES Act. 11 SEC. 20103. 2020 RECOVERY REBATES NOT SUBJECT TO RE- 12 DUCTION OR OFFSET WITH RESPECT TO 13 PAST-DUE SUPPORT. 14 (a) IN GENERAL.—Section 2201(d)(2) of the CARES 15 Act is amended by inserting ‘‘(c),’’ before ‘‘(d)’’. 16 (b) EFFECTIVE DATE.—The amendment made by 17 this section shall apply to credits and refunds allowed or 18 made after the date of the enactment of this Act. 19 SEC. 20104. PROTECTION OF 2020 RECOVERY REBATES. 20 (a) IN GENERAL.—Subsection (d) of section 2201 of 21 the CARES Act, as amended by the preceding provisions 22 of this Act, is amended— 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 153 •HR 6800 IH (1) by redesignating paragraphs (1), (2), and 1 (3) as subparagraphs (A), (B), and (C), and by mov- 2 ing such subparagraphs 2 ems to the right, 3 (2) by striking ‘‘REDUCTION OR OFFSET.—Any 4 credit’’ and inserting ‘‘REDUCTION, OFFSET, GAR- 5 NISHMENT, ETC.— 6 ‘‘(1) IN GENERAL.—Any credit’’, and 7 (3) by adding at the end the following new 8 paragraphs: 9 ‘‘(2) ASSIGNMENT OF BENEFITS.— 10 ‘‘(A) IN GENERAL.—Any applicable pay- 11 ment shall not be subject to transfer, assign- 12 ment, execution, levy, attachment, garnishment, 13 or other legal process, or the operation of any 14 bankruptcy or insolvency law, to the same ex- 15 tent as payments described in section 207 of 16 the Social Security Act (42 U.S.C. 407) without 17 regard to subsection (b) thereof. 18 ‘‘(B) ENCODING OF PAYMENTS.—As soon 19 as practicable after the date of the enactment 20 of this paragraph, the Secretary of the Treas- 21 ury shall encode applicable payments that are 22 paid electronically to any account— 23 ‘‘(i) with a unique identifier that is 24 reasonably sufficient to allow a financial 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 154 •HR 6800 IH institution to identify the payment as a 1 payment protected under subparagraph 2 (A), and 3 ‘‘(ii) pursuant to the same specifica- 4 tions as required for a benefit payment to 5 which part 212 of title 31, Code of Federal 6 regulations applies. 7 ‘‘(C) GARNISHMENT.— 8 ‘‘(i) ENCODED PAYMENTS.—Upon re- 9 ceipt of a garnishment order that applies 10 to an account that has received an applica- 11 ble payment that is encoded as provided in 12 subparagraph (B), a financial institution 13 shall follow the requirements and proce- 14 dures set forth in part 212 of title 31, 15 Code of Federal Regulations. This para- 16 graph shall not alter the status of pay- 17 ments as tax refunds or other nonbenefit 18 payments for purpose of any reclamation 19 rights of the Department of Treasury or 20 the Internal Revenue Service as per part 21 210 of title 31 of the Code of Federal Reg- 22 ulations. 23 ‘‘(ii) OTHER PAYMENTS.—If a finan- 24 cial institution receives a garnishment 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 155 •HR 6800 IH order (other than an order that has been 1 served by the United States) that applies 2 to an account into which an applicable 3 payment that has not been encoded as pro- 4 vided in subparagraph (B) has been depos- 5 ited on any date in the prior 60 days (in- 6 cluding any date before the date of the en- 7 actment of this paragraph), the financial 8 institution, upon the request of the account 9 holder or for purposes of complying in 10 good faith with a State order, State law, 11 court order, or interpretation by a State 12 Attorney General relating to garnishment 13 order, may, but is not required to, treat 14 the amount of the payment as exempt 15 under law from garnishment without re- 16 quiring the account holder to assert any 17 right of garnishment exemption or requir- 18 ing the consent of the judgment creditor. 19 ‘‘(iii) LIABILITY.—A financial institu- 20 tion that complies in good faith with clause 21 (i) or that acts in good faith in reliance on 22 clause (ii) shall not be liable under any 23 Federal or State law, regulation, or court 24 or other order to a creditor that initiates 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 156 •HR 6800 IH an order for any protected amounts, to an 1 account holder for any frozen amounts or 2 garnishment order applied. 3 ‘‘(D) DEFINITIONS.—For purposes of this 4 paragraph— 5 ‘‘(i) ACCOUNT HOLDER.—The term 6 ‘account holder’ means a natural person 7 against whom a garnishment order is 8 issued and whose name appears in a finan- 9 cial institution’s records. 10 ‘‘(ii) APPLICABLE PAYMENT.—The 11 term ‘applicable payment’ means any pay- 12 ment of credit or refund by reason of sec- 13 tion 6428 of such Code (as so added) or by 14 reason of subsection (c) of this section. 15 ‘‘(iii) GARNISHMENT.—The term ‘gar- 16 nishment’ means execution, levy, attach- 17 ment, garnishment, or other legal process. 18 ‘‘(iv) GARNISHMENT ORDER.—The 19 term ‘garnishment order’ means a writ, 20 order, notice, summons, judgment, levy, or 21 similar written instruction issued by a 22 court, a State or State agency, a munici- 23 pality or municipal corporation, or a State 24 child support enforcement agency, includ- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 157 •HR 6800 IH ing a lien arising by operation of law for 1 overdue child support or an order to freeze 2 the assets in an account, to effect a gar- 3 nishment against a debtor.’’. 4 (b) EFFECTIVE DATE.—The amendments made by 5 this section shall take effect on the date of the enactment 6 of this Act. 7 SEC. 20105. PAYMENTS TO REPRESENTATIVE PAYEES AND 8 FIDUCIARIES. 9 (a) IN GENERAL.—Section 6428(f) of the Internal 10 Revenue Code of 1986 is amended by redesignating para- 11 graph (6) as paragraph (7) and by inserting after para- 12 graph (5) the following new paragraph: 13 ‘‘(6) PAYMENT TO REPRESENTATIVE PAYEES 14 AND FIDUCIARIES.— 15 ‘‘(A) IN GENERAL.—In the case of any in- 16 dividual for which payment information is pro- 17 vided to the Secretary by the Commissioner of 18 Social Security, the Railroad Retirement Board, 19 or the Secretary of Veterans Affairs, the pay- 20 ment by the Secretary under paragraph (3) 21 with respect to such individual may be made to 22 such individual’s representative payee or fidu- 23 ciary and the entire payment shall be— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 158 •HR 6800 IH ‘‘(i) provided to the individual who is 1 entitled to the payment, or 2 ‘‘(ii) used only for the benefit of the 3 individual who is entitled to the payment. 4 ‘‘(B) APPLICATION OF ENFORCEMENT 5 PROVISIONS.— 6 ‘‘(i) In the case of a payment de- 7 scribed in subparagraph (A) which is made 8 with respect to a social security beneficiary 9 or a supplemental security income recipi- 10 ent, section 1129(a)(3) of the Social Secu- 11 rity Act (42 U.S.C. 1320a–8(a)(3)) shall 12 apply to such payment in the same manner 13 as such section applies to a payment under 14 title II or XVI of such Act. 15 ‘‘(ii) In the case of a payment de- 16 scribed in subparagraph (A) which is made 17 with respect to a railroad retirement bene- 18 ficiary, section 13 of the Railroad Retire- 19 ment Act (45 U.S.C. 231l) shall apply to 20 such payment in the same manner as such 21 section applies to a payment under such 22 Act. 23 ‘‘(iii) In the case of a payment de- 24 scribed in subparagraph (A) which is made 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 159 •HR 6800 IH with respect to a veterans beneficiary, sec- 1 tions 5502, 6106, and 6108 of title 38, 2 United States Code, shall apply to such 3 payment in the same manner as such sec- 4 tions apply to a payment under such 5 title.’’. 6 (b) EFFECTIVE DATE.—The amendments made by 7 this section shall take effect as if included in section 2201 8 of the CARES Act. 9 SEC. 20106. APPLICATION TO TAXPAYERS WITH RESPECT 10 TO WHOM ADVANCE PAYMENT HAS ALREADY 11 BEEN MADE. 12 In the case of any taxpayer with respect to whom re- 13 fund or credit was made or allowed before the date of the 14 enactment of this Act under subsection (f) of section 6428 15 of the Internal Revenue Code of 1986 (as added by the 16 CARES Act), such subsection shall be applied separately 17 with respect to the excess (if any) of— 18 (1) the advance refund amount determined 19 under section 6428(f)(2) of such Code after the ap- 20 plication of the amendments made by this subtitle, 21 over 22 (2) the amount of such refund or credit so 23 made or allowed. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 160 •HR 6800 IH Subtitle B—Additional Recovery Rebates to Individuals 1 SEC. 20111. ADDITIONAL RECOVERY REBATES TO INDIVID- 2 UALS. 3 (a) IN GENERAL.—Subchapter B of chapter 65 of the 4 Internal Revenue Code of 1986 is amended by inserting 5 after section 6428 the following new section: 6 ‘‘SEC. 6428A. ADDITIONAL RECOVERY REBATES TO INDIVID- 7 UALS. 8 ‘‘(a) IN GENERAL.—In the case of an eligible indi- 9 vidual, there shall be allowed as a credit against the tax 10 imposed by subtitle A for the first taxable year beginning 11 in 2020 an amount equal to the additional rebate amount 12 determined for such taxable year. 13 ‘‘(b) ADDITIONAL REBATE AMOUNT.—For purposes 14 of this section, the term ‘additional rebate amount’ means, 15 with respect to any taxpayer for any taxable year, the sum 16 of— 17 ‘‘(1) $1,200 ($2,400 in the case of a joint re- 18 turn), plus 19 ‘‘(2) $1,200 multiplied by the number of de- 20 pendents of the taxpayer for such taxable year (not 21 in excess of 3 such dependents). 22 ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this 23 section, the term ‘eligible individual’ means any individual 24 other than— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 161 •HR 6800 IH ‘‘(1) any nonresident alien individual, 1 ‘‘(2) any individual with respect to whom a de- 2 duction under section 151 is allowable to another 3 taxpayer for a taxable year beginning in the cal- 4 endar year in which the individual’s taxable year be- 5 gins, and 6 ‘‘(3) an estate or trust. 7 ‘‘(d) LIMITATION BASED ON MODIFIED ADJUSTED 8 GROSS INCOME.—The amount of the credit allowed by 9 subsection (a) (determined without regard to this sub- 10 section and subsection (f)) shall be reduced (but not below 11 zero) by 5 percent of so much of the taxpayer’s modified 12 adjusted gross income as exceeds— 13 ‘‘(1) $150,000 in the case of a joint return or 14 a surviving spouse (as defined in section 2(a)), 15 ‘‘(2) $112,500 in the case of a head of house- 16 hold (as defined in section 2(b)), and 17 ‘‘(3) $75,000 in any other case. 18 ‘‘(e) DEFINITIONS AND SPECIAL RULES.— 19 ‘‘(1) MODIFIED ADJUSTED GROSS INCOME.— 20 For purposes of this subsection (other than this 21 paragraph), the term ‘modified adjusted gross in- 22 come’ means adjusted gross income determined with- 23 out regard to sections 911, 931, and 933. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 162 •HR 6800 IH ‘‘(2) DEPENDENT DEFINED.—For purposes of 1 this section, the term ‘dependent’ has the meaning 2 given such term by section 152. 3 ‘‘(3) CREDIT TREATED AS REFUNDABLE.—The 4 credit allowed by subsection (a) shall be treated as 5 allowed by subpart C of part IV of subchapter A of 6 chapter 1. 7 ‘‘(4) IDENTIFICATION NUMBER REQUIRE- 8 MENT.— 9 ‘‘(A) IN GENERAL.—The $1,200 amount in 10 subsection (b)(1) shall be treated as being zero 11 unless the taxpayer includes the TIN of the 12 taxpayer on the return of tax for the taxable 13 year. 14 ‘‘(B) JOINT RETURNS.—In the case of a 15 joint return, the $2,400 amount in subsection 16 (b)(1) shall be treated as being— 17 ‘‘(i) zero if the TIN of neither spouse 18 is included on the return of tax for the 19 taxable year, and 20 ‘‘(ii) $1,200 if the TIN of only one 21 spouse is so included. 22 ‘‘(C) DEPENDENTS.—A dependent shall 23 not be taken into account under subsection 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 163 •HR 6800 IH (b)(2) unless the TIN of such dependent is in- 1 cluded on the return of tax for the taxable year. 2 ‘‘(D) COORDINATION WITH CERTAIN AD- 3 VANCE PAYMENTS.—In the case of any payment 4 made pursuant to subsection (g)(5)(A)(ii), a 5 TIN shall be treated for purposes of this para- 6 graph as included on the taxpayer’s return of 7 tax if such TIN is provided pursuant to such 8 subsection. 9 ‘‘(f) COORDINATION WITH ADVANCE REFUNDS OF 10 CREDIT.— 11 ‘‘(1) REDUCTION OF REFUNDABLE CREDIT.— 12 The amount of the credit which would (but for this 13 paragraph) be allowable under subsection (a) shall 14 be reduced (but not below zero) by the aggregate re- 15 funds and credits made or allowed to the taxpayer 16 (or any dependent of the taxpayer) under subsection 17 (g). Any failure to so reduce the credit shall be 18 treated as arising out of a mathematical or clerical 19 error and assessed according to section 6213(b)(1). 20 ‘‘(2) JOINT RETURNS.—In the case of a refund 21 or credit made or allowed under subsection (g) with 22 respect to a joint return, half of such refund or cred- 23 it shall be treated as having been made or allowed 24 to each individual filing such return. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 164 •HR 6800 IH ‘‘(g) ADVANCE REFUNDS AND CREDITS.— 1 ‘‘(1) IN GENERAL.—Subject to paragraph (5), 2 each individual who was an eligible individual for 3 such individual’s first taxable year beginning in 4 2019 shall be treated as having made a payment 5 against the tax imposed by chapter 1 for such tax- 6 able year in an amount equal to the advance refund 7 amount for such taxable year. 8 ‘‘(2) ADVANCE REFUND AMOUNT.—For pur- 9 poses of paragraph (1), the advance refund amount 10 is the amount that would have been allowed as a 11 credit under this section for such taxable year if this 12 section (other than subsection (f) and this sub- 13 section) had applied to such taxable year. 14 ‘‘(3) TIMING AND MANNER OF PAYMENTS.— 15 ‘‘(A) TIMING.—The Secretary shall, sub- 16 ject to the provisions of this title, refund or 17 credit any overpayment attributable to this sec- 18 tion as rapidly as possible. No refund or credit 19 shall be made or allowed under this subsection 20 after December 31, 2020. 21 ‘‘(B) DELIVERY OF PAYMENTS.—Notwith- 22 standing any other provision of law, the Sec- 23 retary may certify and disburse refunds payable 24 under this subsection electronically to any ac- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 165 •HR 6800 IH count to which the payee authorized, on or after 1 January 1, 2018, the delivery of a refund of 2 taxes under this title or of a Federal payment 3 (as defined in section 3332 of title 31, United 4 States Code). 5 ‘‘(C) WAIVER OF CERTAIN RULES.—Not- 6 withstanding section 3325 of title 31, United 7 States Code, or any other provision of law, with 8 respect to any payment of a refund under this 9 subsection, a disbursing official in the executive 10 branch of the United States Government may 11 modify payment information received from an 12 officer or employee described in section 13 3325(a)(1)(B) of such title for the purpose of 14 facilitating the accurate and efficient delivery of 15 such payment. Except in cases of fraud or reck- 16 less neglect, no liability under sections 3325, 17 3527, 3528, or 3529 of title 31, United States 18 Code, shall be imposed with respect to pay- 19 ments made under this subparagraph. 20 ‘‘(4) NO INTEREST.—No interest shall be al- 21 lowed on any overpayment attributable to this sec- 22 tion. 23 ‘‘(5) APPLICATION TO INDIVIDUALS WHO DO 24 NOT FILE A RETURN OF TAX FOR 2019.— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 166 •HR 6800 IH ‘‘(A) IN GENERAL.—In the case of an indi- 1 vidual who, at the time of any determination 2 made pursuant to paragraph (3), has not filed 3 a tax return for the year described in para- 4 graph (1), the Secretary shall— 5 ‘‘(i) apply paragraph (1) by sub- 6 stituting ‘2018’ for ‘2019’, and 7 ‘‘(ii) in the case of a specified indi- 8 vidual who has not filed a tax return for 9 such individual’s first taxable year begin- 10 ning in 2018, determine the advance re- 11 fund amount with respect to such indi- 12 vidual without regard to subsections (d) 13 and on the basis of information with re- 14 spect to such individual which is provided 15 by— 16 ‘‘(I) in the case of a specified so- 17 cial security beneficiary or a specified 18 supplemental security income recipi- 19 ent, the Commissioner of Social Secu- 20 rity, 21 ‘‘(II) in the case of a specified 22 railroad retirement beneficiary, the 23 Railroad Retirement Board, and 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 167 •HR 6800 IH ‘‘(III) in the case of a specified 1 veterans beneficiary, the Secretary of 2 Veterans Affairs (in coordination 3 with, and with the assistance of, the 4 Commissioner of Social Security if ap- 5 propriate). 6 ‘‘(B) SPECIFIED INDIVIDUAL.—For pur- 7 poses of this paragraph, the term ‘specified in- 8 dividual’ means any individual who is— 9 ‘‘(i) a specified social security bene- 10 ficiary, 11 ‘‘(ii) a specified supplemental security 12 income recipient, 13 ‘‘(iii) a specified railroad retirement 14 beneficiary, or 15 ‘‘(iv) a specified veterans beneficiary. 16 ‘‘(C) SPECIFIED SOCIAL SECURITY BENE- 17 FICIARY.—For purposes of this paragraph— 18 ‘‘(i) IN GENERAL.—The term ‘speci- 19 fied social security beneficiary’ means any 20 individual who, for the last month that 21 ends prior to the date of enactment of this 22 section, is entitled to any monthly insur- 23 ance benefit payable under title II of the 24 Social Security Act (42 U.S.C. 401 et 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 168 •HR 6800 IH seq.), including payments made pursuant 1 to sections 202(d), 223(g), and 223(i)(7) 2 of such Act. 3 ‘‘(ii) EXCEPTION.—Such term shall 4 not include any individual if such benefit is 5 not payable for such month by reason of 6 section 202(x) of the Social Security Act 7 (42 U.S.C. 402(x)) or section 1129A of 8 such Act (42 U.S.C. 1320a–8a). 9 ‘‘(D) SPECIFIED SUPPLEMENTAL SECU- 10 RITY INCOME RECIPIENT.—For purposes of this 11 paragraph— 12 ‘‘(i) IN GENERAL.—The term ‘speci- 13 fied supplemental security income recipi- 14 ent’ means any individual who, for the last 15 month that ends prior to the date of enact- 16 ment of this section, is eligible for a 17 monthly benefit payable under title XVI of 18 the Social Security Act (42 U.S.C. 1381 et 19 seq.) (other than a benefit to an individual 20 described in section 1611(e)(1)(B) of such 21 Act (42 U.S.C. 1382(e)(1)(B)), includ- 22 ing— 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 169 •HR 6800 IH ‘‘(I) payments made pursuant to 1 section 1614(a)(3)(C) of such Act (42 2 U.S.C. 1382c(a)(3)(C)), 3 ‘‘(II) payments made pursuant to 4 section 1619(a) (42 U.S.C. 1382h) or 5 subsections (a)(4), (a)(7), or (p)(7) of 6 section 1631 (42 U.S.C. 1383) of 7 such Act, and 8 ‘‘(III) State supplementary pay- 9 ments of the type referred to in sec- 10 tion 1616(a) of such Act (42 U.S.C. 11 1382e(a)) (or payments of the type 12 described in section 212(a) of Public 13 Law 93–66) which are paid by the 14 Commissioner under an agreement re- 15 ferred to in such section 1616(a) (or 16 section 212(a) of Public Law 93–66). 17 ‘‘(ii) EXCEPTION.—Such term shall 18 not include any individual if such monthly 19 benefit is not payable for such month by 20 reason of subsection (e)(1)(A) or (e)(4) of 21 section 1611 (42 U.S.C. 1382) or section 22 1129A of such Act (42 U.S.C. 1320a–8a). 23 ‘‘(E) SPECIFIED RAILROAD RETIREMENT 24 BENEFICIARY.—For purposes of this para- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 170 •HR 6800 IH graph, the term ‘specified railroad retirement 1 beneficiary’ means any individual who, for the 2 last month that ends prior to the date of enact- 3 ment of this section, is entitled to a monthly 4 annuity or pension payment payable (without 5 regard to section 5(a)(ii) of the Railroad Retire- 6 ment Act of 1974 (45 U.S.C. 231d(a)(ii))) 7 under— 8 ‘‘(i) section 2(a)(1) of such Act (45 9 U.S.C. 231a(a)(1)), 10 ‘‘(ii) section 2(c) of such Act (45 11 U.S.C. 231a(c)), 12 ‘‘(iii) section 2(d)(1) of such Act (45 13 U.S.C. 231a(d)(1)), or 14 ‘‘(iv) section 7(b)(2) of such Act (45 15 U.S.C. 231f(b)(2)) with respect to any of 16 the benefit payments described in subpara- 17 graph (C)(i). 18 ‘‘(F) SPECIFIED VETERANS BENE- 19 FICIARY.—For purposes of this paragraph— 20 ‘‘(i) IN GENERAL.—The term ‘speci- 21 fied veterans beneficiary’ means any indi- 22 vidual who, for the last month that ends 23 prior to the date of enactment of this sec- 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 171 •HR 6800 IH tion, is entitled to a compensation or pen- 1 sion payment payable under— 2 ‘‘(I) section 1110, 1117, 1121, 3 1131, 1141, or 1151 of title 38, 4 United States Code, 5 ‘‘(II) section 1310, 1312, 1313, 6 1315, 1316, or 1318 of title 38, 7 United States Code, 8 ‘‘(III) section 1513, 1521, 1533, 9 1536, 1537, 1541, 1542, or 1562 of 10 title 38, United States Code, or 11 ‘‘(IV) section 1805, 1815, or 12 1821 of title 38, United States Code, 13 to a veteran, surviving spouse, child, or 14 parent as described in paragraph (2), (3), 15 (4)(A)(ii), or (5) of section 101, title 38, 16 United States Code. 17 ‘‘(ii) EXCEPTION.—Such term shall 18 not include any individual if such com- 19 pensation or pension payment is not pay- 20 able, or was reduced, for such month by 21 reason of section 1505, 5313, or 5313B of 22 title 38, United States Code. 23 ‘‘(G) SUBSEQUENT DETERMINATIONS AND 24 REDETERMINATIONS NOT TAKEN INTO AC- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 172 •HR 6800 IH COUNT.—For purposes of this section, any indi- 1 vidual’s status as a specified social security ben- 2 eficiary, a specified supplemental security in- 3 come recipient, a specified railroad retirement 4 beneficiary, or a specified veterans beneficiary 5 shall be unaffected by any determination or re- 6 determination of any entitlement to, or eligi- 7 bility for, any benefit, payment, or compensa- 8 tion, if such determination or redetermination 9 occurs after the last month that ends prior to 10 the date of enactment of this section. 11 ‘‘(H) PAYMENT TO REPRESENTATIVE PAY- 12 EES AND FIDUCIARIES.— 13 ‘‘(i) IN GENERAL.—If the benefit, 14 payment, or compensation referred to in 15 subparagraph (C)(i), (D)(i), (E), or (F)(i) 16 with respect to any specified individual is 17 paid to a representative payee or fiduciary, 18 payment by the Secretary under paragraph 19 (3) with respect to such specified indi- 20 vidual shall be made to such individual’s 21 representative payee or fiduciary and the 22 entire payment shall be used only for the 23 benefit of the individual who is entitled to 24 the payment. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 173 •HR 6800 IH ‘‘(ii) APPLICATION OF ENFORCEMENT 1 PROVISIONS.— 2 ‘‘(I) In the case of a payment de- 3 scribed in clause (i) which is made 4 with respect to a specified social secu- 5 rity beneficiary or a specified supple- 6 mental security income recipient, sec- 7 tion 1129(a)(3) of the Social Security 8 Act (42 U.S.C. 1320a–8(a)(3)) shall 9 apply to such payment in the same 10 manner as such section applies to a 11 payment under title II or XVI of such 12 Act. 13 ‘‘(II) In the case of a payment 14 described in clause (i) which is made 15 with respect to a specified railroad re- 16 tirement beneficiary, section 13 of the 17 Railroad Retirement Act (45 U.S.C. 18 231l) shall apply to such payment in 19 the same manner as such section ap- 20 plies to a payment under such Act. 21 ‘‘(III) In the case of a payment 22 described in clause (i) which is made 23 with respect to a specified veterans 24 beneficiary, sections 5502, 6106, and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 174 •HR 6800 IH 6108 of title 38, United States Code, 1 shall apply to such payment in the 2 same manner as such sections apply 3 to a payment under such title. 4 ‘‘(6) NOTICE TO TAXPAYER.—Not later than 15 5 days after the date on which the Secretary distrib- 6 uted any payment to an eligible taxpayer pursuant 7 to this subsection, notice shall be sent by mail to 8 such taxpayer’s last known address. Such notice 9 shall indicate the method by which such payment 10 was made, the amount of such payment, and a 11 phone number for the appropriate point of contact 12 at the Internal Revenue Service to report any error 13 with respect to such payment. 14 ‘‘(h) REGULATIONS.—The Secretary shall prescribe 15 such regulations or other guidance as may be necessary 16 or appropriate to carry out the purposes of this section, 17 including— 18 ‘‘(1) regulations or other guidance providing 19 taxpayers the opportunity to provide the Secretary 20 information sufficient to allow the Secretary to make 21 payments to such taxpayers under subsection (g) 22 (including the determination of the amount of such 23 payment) if such information is not otherwise avail- 24 able to the Secretary, and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 175 •HR 6800 IH ‘‘(2) regulations or other guidance providing for 1 the proper treatment of joint returns and taxpayers 2 with dependents to ensure that an individual is not 3 taken into account more than once in determining 4 the amount of any credit under subsection (a) and 5 any credit or refund under subsection (g). 6 ‘‘(i) OUTREACH.—The Secretary shall carry out a ro- 7 bust and comprehensive outreach program to ensure that 8 all taxpayers described in subsection (h)(1) learn of their 9 eligibility for the advance refunds and credits under sub- 10 section (g); are advised of the opportunity to receive such 11 advance refunds and credits as provided under subsection 12 (h)(1); and are provided assistance in applying for such 13 advance refunds and credits. In conducting such outreach 14 program, the Secretary shall coordinate with other govern- 15 ment, State, and local agencies; federal partners; and com- 16 munity-based nonprofit organizations that regularly inter- 17 face with such taxpayers.’’. 18 (b) TREATMENT OF CERTAIN POSSESSIONS.— 19 (1) PAYMENTS TO POSSESSIONS WITH MIRROR 20 CODE TAX SYSTEMS.—The Secretary of the Treas- 21 ury shall pay to each possession of the United States 22 which has a mirror code tax system amounts equal 23 to the loss (if any) to that possession by reason of 24 the amendments made by this section. Such 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 176 •HR 6800 IH amounts shall be determined by the Secretary of the 1 Treasury based on information provided by the gov- 2 ernment of the respective possession. 3 (2) PAYMENTS TO OTHER POSSESSIONS.—The 4 Secretary of the Treasury shall pay to each posses- 5 sion of the United States which does not have a mir- 6 ror code tax system amounts estimated by the Sec- 7 retary of the Treasury as being equal to the aggre- 8 gate benefits (if any) that would have been provided 9 to residents of such possession by reason of the 10 amendments made by this section if a mirror code 11 tax system had been in effect in such possession. 12 The preceding sentence shall not apply unless the re- 13 spective possession has a plan, which has been ap- 14 proved by the Secretary of the Treasury, under 15 which such possession will promptly distribute such 16 payments to its residents. 17 (3) COORDINATION WITH CREDIT ALLOWED 18 AGAINST UNITED STATES INCOME TAXES.—No cred- 19 it shall be allowed against United States income 20 taxes under section 6428A of the Internal Revenue 21 Code of 1986 (as added by this section), nor shall 22 any credit or refund be made or allowed under sub- 23 section (g) of such section, to any person— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 177 •HR 6800 IH (A) to whom a credit is allowed against 1 taxes imposed by the possession by reason of 2 the amendments made by this section, or 3 (B) who is eligible for a payment under a 4 plan described in paragraph (2). 5 (4) MIRROR CODE TAX SYSTEM.—For purposes 6 of this subsection, the term ‘‘mirror code tax sys- 7 tem’’ means, with respect to any possession of the 8 United States, the income tax system of such posses- 9 sion if the income tax liability of the residents of 10 such possession under such system is determined by 11 reference to the income tax laws of the United 12 States as if such possession were the United States. 13 (c) ADMINISTRATIVE PROVISIONS.— 14 (1) DEFINITION OF DEFICIENCY.—Section 15 6211(b)(4)(A) of the Internal Revenue Code of 1986 16 is amended by striking ‘‘and 6428’’ and inserting 17 ‘‘6428, and 6428A’’. 18 (2) MATHEMATICAL OR CLERICAL ERROR AU- 19 THORITY.—Section 6213(g)(2) of such Code is 20 amended— 21 (A) by inserting ‘‘or section 6428A (relat- 22 ing to additional recovery rebates to individ- 23 uals)’’ before the comma at the end of subpara- 24 graph (H), and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 178 •HR 6800 IH (B) by striking ‘‘or 6428’’ in subparagraph 1 (L) and inserting ‘‘6428, or 6428A’’. 2 (3) EXCEPTION FROM REDUCTION OR OFF- 3 SET.—Any credit or refund allowed or made to any 4 individual by reason of section 6428A of the Internal 5 Revenue Code of 1986 (as added by this section) or 6 by reason of subsection (b) of this section shall not 7 be— 8 (A) subject to reduction or offset pursuant 9 to section 3716 or 3720A of title 31, United 10 States Code, 11 (B) subject to reduction or offset pursuant 12 to subsection (c), (d), (e), or (f) of section 6402 13 of the Internal Revenue Code of 1986, or 14 (C) reduced or offset by other assessed 15 Federal taxes that would otherwise be subject 16 to levy or collection. 17 (4) ASSIGNMENT OF BENEFITS.— 18 (A) IN GENERAL.—Any applicable pay- 19 ment shall not be subject to transfer, assign- 20 ment, execution, levy, attachment, garnishment, 21 or other legal process, or the operation of any 22 bankruptcy or insolvency law, to the same ex- 23 tent as payments described in section 207 of 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 179 •HR 6800 IH the Social Security Act (42 U.S.C. 407) without 1 regard to subsection (b) thereof. 2 (B) ENCODING OF PAYMENTS.—As soon as 3 practicable after the date of the enactment of 4 the paragraph, the Secretary of the Treasury 5 shall encode applicable payments that are paid 6 electronically to any account— 7 (i) with a unique identifier that is rea- 8 sonably sufficient to allow a financial insti- 9 tution to identify the payment as a pay- 10 ment protected under subparagraph (A), 11 and 12 (ii) pursuant to the same specifica- 13 tions as required for a benefit payment to 14 which part 212 of title 31, Code of Federal 15 regulations applies. 16 (C) GARNISHMENT.— 17 (i) ENCODED PAYMENTS.—Upon re- 18 ceipt of a garnishment order that applies 19 to an account that has received an applica- 20 ble payment that is encoded as provided in 21 subparagraph (B), a financial institution 22 shall follow the requirements and proce- 23 dures set forth in part 212 of title 31, 24 Code of Federal Regulations. This para- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 180 •HR 6800 IH graph shall not alter the status of pay- 1 ments as tax refunds or other nonbenefit 2 payments for purpose of any reclamation 3 rights of the Department of Treasury or 4 the Internal Revenue Serves as per part 5 210 of title 31 of the Code of Federal Reg- 6 ulations. 7 (ii) OTHER PAYMENTS.—If a financial 8 institution receives a garnishment order 9 (other than an order that has been served 10 by the United States) that applies to an 11 account into which an applicable payment 12 that has not been encoded as provided in 13 subparagraph (B) has been deposited on 14 any date in the prior 60 days (including 15 any date before the date of the enactment 16 of this paragraph), the financial institu- 17 tion, upon the request of the account hold- 18 er or for purposes of complying in good 19 faith with a State order, State law, court 20 order, or interpretation by a State Attor- 21 ney General relating to garnishment order, 22 may, but is not required to, treat the 23 amount of the payment as exempt under 24 law from garnishment without requiring 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 181 •HR 6800 IH the account holder to assert any right of 1 garnishment exemption or requiring the 2 consent of the judgment creditor. 3 (iii) LIABILITY.—A financial institu- 4 tion that complies in good faith with clause 5 (i) or that acts in good faith in reliance on 6 clause (ii) shall not be liable under any 7 Federal or State law, regulation, or court 8 or other order to a creditor that initiates 9 an order for any protected amounts, to an 10 account holder for any frozen amounts or 11 garnishment order applied. 12 (D) DEFINITIONS.—For purposes of this 13 paragraph— 14 (i) ACCOUNT HOLDER.—The term 15 ‘‘account holder’’ means a natural person 16 against whom a garnishment order is 17 issued and whose name appears in a finan- 18 cial institution’s records. 19 (ii) APPLICABLE PAYMENT.—The 20 term ‘‘applicable payment’’ means any pay- 21 ment of credit or refund by reason of sec- 22 tion 6428 of such Code (as so added) or by 23 reason of subsection (c) of this section. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 182 •HR 6800 IH (iii) GARNISHMENT.—The term ‘‘gar- 1 nishment’’ means execution, levy, attach- 2 ment, garnishment, or other legal process. 3 (iv) GARNISHMENT ORDER.—The 4 term ‘‘garnishment order’’ means a writ, 5 order, notice, summons, judgment, levy, or 6 similar written instruction issued by a 7 court, a State or State agency, a munici- 8 pality or municipal corporation, or a State 9 child support enforcement agency, includ- 10 ing a lien arising by operation of law for 11 overdue child support or an order to freeze 12 the assets in an account, to effect a gar- 13 nishment against a debtor. 14 (5) TREATMENT OF CREDIT AND ADVANCE PAY- 15 MENTS.—For purposes of section 1324 of title 31, 16 United States Code, any credit under section 17 6428A(a) of the Internal Revenue Code of 1986, any 18 credit or refund under section 6428A(g) of such 19 Code, and any payment under subsection (b) of this 20 section, shall be treated in the same manner as a re- 21 fund due from a credit provision referred to in sub- 22 section (b)(2) of such section 1324. 23 (6) AGENCY INFORMATION SHARING AND AS- 24 SISTANCE.—The Commissioner of Social Security, 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 183 •HR 6800 IH the Railroad Retirement Board, and the Secretary of 1 Veterans Affairs shall each provide the Secretary of 2 the Treasury (or the Secretary’s delegate) such in- 3 formation and assistance as the Secretary of the 4 Treasury (or the Secretary’s delegate) may require 5 for purposes of making payments under section 6 6428A(g) of the Internal Revenue Code of 1986 to 7 individuals described in paragraph (5)(A)(ii) thereof. 8 (7) CLERICAL AMENDMENT.—The table of sec- 9 tions for subchapter B of chapter 65 of the Internal 10 Revenue Code of 1986 is amended by inserting after 11 the item relating to section 6428 the following new 12 item: 13 ‘‘Sec. 6428A. Additional recovery rebates to individuals.’’. (d) APPROPRIATIONS TO CARRY OUT THIS SEC- 14 TION.— 15 (1) IN GENERAL.—Immediately upon the enact- 16 ment of this Act, the following sums are appro- 17 priated, out of any money in the Treasury not other- 18 wise appropriated, for the fiscal year ending Sep- 19 tember 30, 2020— 20 (A) DEPARTMENT OF THE TREASURY.— 21 (i) For an additional amount for ‘‘De- 22 partment of the Treasury—Bureau of Fis- 23 cal Services—Salaries and Expenses’’, 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 184 •HR 6800 IH $78,650,000, to remain available until 1 September 30, 2021. 2 (ii) For an additional amount for 3 ‘‘Department of the Treasury—Internal 4 Revenue Service—Taxpayer Services’’, 5 $298,700,000, to remain available until 6 September 30, 2021. 7 (iii) For an additional amount for 8 ‘‘Department of the Treasury—Internal 9 Revenue Service—Enforcement’’, 10 $37,200,000, to remain available until 11 September 30, 2021. 12 (iv) For an additional amount for 13 ‘‘Department of the Treasury—Internal 14 Revenue Service—Operations Support’’, 15 $185,000,000, to remain available until 16 September 30, 2021. 17 (v) For an additional amount for ‘‘De- 18 partment of the Treasury—Office of 19 Treasury Inspector General for Tax Ad- 20 ministration’’, $10,000,000, to remain 21 available until September 30, 2024, for 22 necessary expenses related to COVID–19 23 including carrying out investigations. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 185 •HR 6800 IH Amounts made available in appropriations 1 under clauses (ii), (iii), and (iv) of this subpara- 2 graph may be transferred between such appro- 3 priations upon the advance notification of the 4 Committees on Appropriations of the House of 5 Representatives and the Senate. Such transfer 6 authority is in addition to any other transfer 7 authority provided by law. 8 (B) SOCIAL SECURITY ADMINISTRATION.— 9 For an additional amount for ‘‘Social Security 10 Administration—Limitation on Administrative 11 Expenses’’, $40,500,000, to remain available 12 until September 30, 2021: Provided, that 13 $2,500,000, to remain available until Sep- 14 tember 30, 2024, shall be transferred to ‘‘Social 15 Security Administration—Office of Inspector 16 General’’ for necessary expenses in carrying out 17 the provisions of the Inspector General Act of 18 1978. 19 (C) RAILROAD RETIREMENT BOARD.—For 20 an additional amount for ‘‘Railroad Retirement 21 Board—Limitation on Administration’’, $8,300, 22 to remain available until September 30, 2021. 23 (2) REPORTS.—No later than 15 days after en- 24 actment of this Act, the Secretary of the Treasury 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 186 •HR 6800 IH shall submit a plan to the Committees on Appropria- 1 tions of the House of Representatives and the Sen- 2 ate detailing the expected use of the funds provided 3 by clauses (i) through (iv) paragraph (1)(A). Begin- 4 ning 90 days after enactment of this Act, the Sec- 5 retary of the Treasury shall submit a quarterly re- 6 port to the Committees on Appropriations of the 7 House of Representatives and the Senate detailing 8 the actual expenditure of such funds and the ex- 9 pected expenditure of such funds in the subsequent 10 quarter. 11 (e) CERTAIN REQUIREMENTS RELATED TO RECOV- 12 ERY REBATES AND ADDITIONAL RECOVERY REBATES.— 13 (1) SIGNATURES ON CHECKS AND NOTICES, 14 ETC., BY THE DEPARTMENT OF THE TREASURY.— 15 Any check issued to an individual by the Depart- 16 ment of the Treasury pursuant to section 6428 or 17 6428A of the Internal Revenue Code of 1986, and 18 any notice issued pursuant to section 6428(f)(6) or 19 section 6428A(g)(6) of such Code, may not be 20 signed by or otherwise bear the name, signature, 21 image or likeness of the President, the Vice Presi- 22 dent or any elected official or cabinet level officer of 23 the United States, or any individual who, with re- 24 spect to any of the aforementioned individuals, bears 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 187 •HR 6800 IH any relationship described in subparagraphs (A) 1 through (G) of section 152(d)(2) of the Internal 2 Revenue Code of 1986. 3 (2) EFFECTIVE DATE.—Paragraph (1) shall 4 apply to checks and notices issued after the date of 5 the enactment of this Act. 6 (f) REPORTS TO CONGRESS.—Each week beginning 7 after the date of the enactment of this Act and beginning 8 before December 31, 2020, on Friday of such week, not 9 later than 3 p.m. Eastern Time, the Secretary of the 10 Treasury shall provide a written report to the Committee 11 on Ways and Means of the House of Representatives and 12 the Committee on Finance of the Senate. Such report shall 13 include the following information with respect to payments 14 made pursuant to each of sections 6428 and 6428A of 15 the Internal Revenue Code of 1986: 16 (1) The number of scheduled payments sent to 17 the Bureau of Fiscal Service for payment by direct 18 deposit or paper check for the following week (stated 19 separately for direct deposit and paper check). 20 (2) The total dollar amount of the scheduled 21 payments described in paragraph (1). 22 (3) The number of direct deposit payments re- 23 turned to the Department of the Treasury and the 24 total dollar value of such payments, for the week 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 188 •HR 6800 IH ending on the day prior to the day on which the re- 1 port is provided. 2 (4) The total number of letters related to pay- 3 ments under section 6428 or 6428A of such Code 4 mailed to taxpayers during the week ending on the 5 day prior to the day on which the report is provided. 6 Subtitle C—Earned Income Tax Credit 7 SEC. 20121. STRENGTHENING THE EARNED INCOME TAX 8 CREDIT FOR INDIVIDUALS WITH NO QUALI- 9 FYING CHILDREN. 10 (a) SPECIAL RULES FOR 2020.—Section 32 of the 11 Internal Revenue Code of 1986 is amended by adding at 12 the end the following new subsection: 13 ‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITHOUT 14 QUALIFYING CHILDREN.—In the case of any taxable year 15 beginning after December 31, 2019, and before January 16 1, 2021— 17 ‘‘(1) DECREASE IN MINIMUM AGE FOR CRED- 18 IT.— 19 ‘‘(A) IN GENERAL.—Subsection 20 (c)(1)(A)(ii)(II) shall be applied by substituting 21 ‘the applicable minimum age’ for ‘age 25’. 22 ‘‘(B) APPLICABLE MINIMUM AGE.—For 23 purposes of this paragraph, the term ‘applicable 24 minimum age’ means— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 189 •HR 6800 IH ‘‘(i) except as otherwise provided in 1 this subparagraph, age 19, 2 ‘‘(ii) in the case of a full-time student 3 (other than a qualified former foster youth 4 or a qualified homeless youth), age 25, and 5 ‘‘(iii) in the case of a qualified former 6 foster youth or a qualified homeless youth, 7 age 18. 8 ‘‘(C) FULL-TIME STUDENT.—For purposes 9 of this paragraph, the term ‘full-time student’ 10 means, with respect to any taxable year, an in- 11 dividual who is an eligible student (as defined 12 in section 25A(b)(3)) during at least 5 calendar 13 months during the taxable year. 14 ‘‘(D) QUALIFIED FORMER FOSTER 15 YOUTH.—For purposes of this paragraph, the 16 term ‘qualified former foster youth’ means an 17 individual who— 18 ‘‘(i) on or after the date that such in- 19 dividual attained age 14, was in foster care 20 provided under the supervision or adminis- 21 tration of a State or tribal agency admin- 22 istering (or eligible to administer) a plan 23 under part B or part E of the Social Secu- 24 rity Act (without regard to whether Fed- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 190 •HR 6800 IH eral assistance was provided with respect 1 to such child under such part E), and 2 ‘‘(ii) provides (in such manner as the 3 Secretary may provide) consent for State 4 and tribal agencies which administer a 5 plan under part B or part E of the Social 6 Security Act to disclose to the Secretary 7 information related to the status of such 8 individual as a qualified former foster 9 youth. 10 ‘‘(E) QUALIFIED HOMELESS YOUTH.—For 11 purposes of this paragraph, the term ‘qualified 12 homeless youth’ means, with respect to any tax- 13 able year, an individual who— 14 ‘‘(i) is certified by a local educational 15 agency or a financial aid administrator 16 during such taxable year as being either an 17 unaccompanied youth who is a homeless 18 child or youth, or as unaccompanied, at 19 risk of homelessness, and self-supporting. 20 Terms used in the preceding sentence 21 which are also used in section 480(d)(1) of 22 the Higher Education Act of 1965 shall 23 have the same meaning as when used in 24 such section, and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 191 •HR 6800 IH ‘‘(ii) provides (in such manner as the 1 Secretary may provide) consent for local 2 educational agencies and financial aid ad- 3 ministrators to disclose to the Secretary in- 4 formation related to the status of such in- 5 dividual as a qualified homeless youth. 6 ‘‘(2) INCREASE IN MAXIMUM AGE FOR CRED- 7 IT.—Subsection (c)(1)(A)(ii)(II) shall be applied by 8 substituting ‘age 66’ for ‘age 65’. 9 ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER- 10 CENTAGES.—The table contained in subsection 11 (b)(1) shall be applied by substituting ‘15.3’ for 12 ‘7.65’ each place it appears therein. 13 ‘‘(4) INCREASE IN EARNED INCOME AND 14 PHASEOUT AMOUNTS.— 15 ‘‘(A) IN GENERAL.—The table contained in 16 subsection (b)(2)(A) shall be applied— 17 ‘‘(i) by substituting ‘$9,720’ for 18 ‘$4,220’, and 19 ‘‘(ii) by substituting ‘$11,490’ for 20 ‘$5,280’. 21 ‘‘(B) COORDINATION WITH INFLATION AD- 22 JUSTMENT.—Subsection (j) shall not apply to 23 any dollar amount specified in this paragraph.’’. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 192 •HR 6800 IH (b) INFORMATION RETURN MATCHING.—As soon as 1 practicable, the Secretary of the Treasury (or the Sec- 2 retary’s delegate) shall develop and implement procedures 3 to use information returns under section 6050S (relating 4 to returns relating to higher education tuition and related 5 expenses) to check the status of individuals as full-time 6 students for purposes of section 32(n)(1)(B)(ii) of the In- 7 ternal Revenue Code of 1986 (as added by this section). 8 (c) EFFECTIVE DATE.—The amendment made by 9 this section shall apply to taxable years beginning after 10 December 31, 2019. 11 SEC. 20122. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED 12 INCOME CREDIT IN CASE OF QUALIFYING 13 CHILDREN WHO FAIL TO MEET CERTAIN 14 IDENTIFICATION REQUIREMENTS. 15 (a) IN GENERAL.—Section 32(c)(1) of the Internal 16 Revenue Code of 1986 is amended by striking subpara- 17 graph (F). 18 (b) EFFECTIVE DATE.—The amendment made by 19 this section shall apply to taxable years beginning after 20 the date of the enactment of this Act. 21 SEC. 20123. CREDIT ALLOWED IN CASE OF CERTAIN SEPA- 22 RATED SPOUSES. 23 (a) IN GENERAL.—Section 32(d) of the Internal Rev- 24 enue Code of 1986 is amended— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 193 •HR 6800 IH (1) by striking ‘‘MARRIED INDIVIDUALS.—In 1 the case of’’ and inserting the following: ‘‘MARRIED 2 INDIVIDUALS.— 3 ‘‘(1) IN GENERAL.—In the case of’’, and 4 (2) by adding at the end the following new 5 paragraph: 6 ‘‘(2) DETERMINATION OF MARITAL STATUS.— 7 For purposes of this section— 8 ‘‘(A) IN GENERAL.—Except as provided in 9 subparagraph (B), marital status shall be deter- 10 mined under section 7703(a). 11 ‘‘(B) SPECIAL RULE FOR SEPARATED 12 SPOUSE.—An individual shall not be treated as 13 married if such individual— 14 ‘‘(i) is married (as determined under 15 section 7703(a)) and does not file a joint 16 return for the taxable year, 17 ‘‘(ii) lives with a qualifying child of 18 the individual for more than one-half of 19 such taxable year, and 20 ‘‘(iii)(I) during the last 6 months of 21 such taxable year, does not have the same 22 principal place of abode as the individual’s 23 spouse, or 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 194 •HR 6800 IH ‘‘(II) has a decree, instrument, or 1 agreement (other than a decree of divorce) 2 described in section 121(d)(3)(C) with re- 3 spect to the individual’s spouse and is not 4 a member of the same household with the 5 individual’s spouse by the end of the tax- 6 able year.’’. 7 (b) CONFORMING AMENDMENTS.— 8 (1) Section 32(c)(1)(A) of such Code is amend- 9 ed by striking the last sentence. 10 (2) Section 32(c)(1)(E)(ii) of such Code is 11 amended by striking ‘‘(within the meaning of section 12 7703)’’. 13 (3) Section 32(d)(1) of such Code, as amended 14 by subsection (a), is amended by striking ‘‘(within 15 the meaning of section 7703)’’. 16 (c) EFFECTIVE DATE.—The amendments made by 17 this section shall apply to taxable years beginning after 18 the date of the enactment of this Act. 19 SEC. 20124. ELIMINATION OF DISQUALIFIED INVESTMENT 20 INCOME TEST. 21 (a) IN GENERAL.—Section 32 of the Internal Rev- 22 enue Code of 1986 is amended by striking subsection (i). 23 (b) CONFORMING AMENDMENTS.— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 195 •HR 6800 IH (1) Section 32(j)(1) of such Code is amended 1 by striking ‘‘subsections (b)(2) and (i)(1)’’ and in- 2 serting ‘‘subsection (b)(2)’’. 3 (2) Section 32(j)(1)(B)(i) of such Code is 4 amended by striking ‘‘subsections (b)(2)(A) and 5 (i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’. 6 (3) Section 32(j)(2) of such Code is amended— 7 (A) by striking subparagraph (B), and 8 (B) by striking ‘‘ROUNDING.—’’ and all 9 that follows through ‘‘If any dollar amount’’ 10 and inserting the following: ‘‘ROUNDING.—If 11 any dollar amount’’. 12 (c) EFFECTIVE DATE.—The amendments made by 13 this section shall apply to taxable years beginning after 14 the date of the enactment of this Act. 15 SEC. 20125. APPLICATION OF EARNED INCOME TAX CREDIT 16 IN POSSESSIONS OF THE UNITED STATES. 17 (a) IN GENERAL.—Chapter 77 of the Internal Rev- 18 enue Code of 1986 is amended by adding at the end the 19 following new section: 20 ‘‘SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT 21 TO POSSESSIONS OF THE UNITED STATES. 22 ‘‘(a) PUERTO RICO.— 23 ‘‘(1) IN GENERAL.—With respect to calendar 24 year 2021 and each calendar year thereafter, the 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 196 •HR 6800 IH Secretary shall, except as otherwise provided in this 1 subsection, make payments to Puerto Rico equal 2 to— 3 ‘‘(A) the specified matching amount for 4 such calendar year, plus 5 ‘‘(B) in the case of calendar years 2021 6 through 2025, the lesser of— 7 ‘‘(i) the expenditures made by Puerto 8 Rico during such calendar year for edu- 9 cation efforts with respect to individual 10 taxpayers and tax return preparers relat- 11 ing to the earned income tax credit, or 12 ‘‘(ii) $1,000,000. 13 ‘‘(2) REQUIREMENT TO REFORM EARNED IN- 14 COME TAX CREDIT.—The Secretary shall not make 15 any payments under paragraph (1) with respect to 16 any calendar year unless Puerto Rico has in effect 17 an earned income tax credit for taxable years begin- 18 ning in or with such calendar year which (relative to 19 the earned income tax credit which was in effect for 20 taxable years beginning in or with calendar year 21 2019) increases the percentage of earned income 22 which is allowed as a credit for each group of indi- 23 viduals with respect to which such percentage is sep- 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 197 •HR 6800 IH arately stated or determined in a manner designed 1 to substantially increase workforce participation. 2 ‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur- 3 poses of this subsection— 4 ‘‘(A) IN GENERAL.—The term ‘specified 5 matching amount’ means, with respect to any 6 calendar year, the lesser of— 7 ‘‘(i) the excess (if any) of— 8 ‘‘(I) the cost to Puerto Rico of 9 the earned income tax credit for tax- 10 able years beginning in or with such 11 calendar year, over 12 ‘‘(II) the base amount for such 13 calendar year, or 14 ‘‘(ii) the product of 3, multiplied by 15 the base amount for such calendar year. 16 ‘‘(B) BASE AMOUNT.— 17 ‘‘(i) BASE AMOUNT FOR 2020.—In the 18 case of calendar year 2020, the term ‘base 19 amount’ means the greater of— 20 ‘‘(I) the cost to Puerto Rico of 21 the earned income tax credit for tax- 22 able years beginning in or with cal- 23 endar year 2019 (rounded to the 24 nearest multiple of $1,000,000), or 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 198 •HR 6800 IH ‘‘(II) $200,000,000. 1 ‘‘(ii) INFLATION ADJUSTMENT.—In 2 the case of any calendar year after 2021, 3 the term ‘base amount’ means the dollar 4 amount determined under clause (i) in- 5 creased by an amount equal to— 6 ‘‘(I) such dollar amount, multi- 7 plied by— 8 ‘‘(II) the cost-of-living adjust- 9 ment determined under section 1(f)(3) 10 for such calendar year, determined by 11 substituting ‘calendar year 2020’ for 12 ‘calendar year 2016’ in subparagraph 13 (A)(ii) thereof. 14 Any amount determined under this clause 15 shall be rounded to the nearest multiple of 16 $1,000,000. 17 ‘‘(4) RULES RELATED TO PAYMENTS AND RE- 18 PORTS.— 19 ‘‘(A) TIMING OF PAYMENTS.—The Sec- 20 retary shall make payments under paragraph 21 (1) for any calendar year— 22 ‘‘(i) after receipt of the report de- 23 scribed in subparagraph (B) for such cal- 24 endar year, and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 199 •HR 6800 IH ‘‘(ii) except as provided in clause (i), 1 within a reasonable period of time before 2 the due date for individual income tax re- 3 turns (as determined under the laws of 4 Puerto Rico) for taxable years which began 5 on the first day of such calendar year. 6 ‘‘(B) ANNUAL REPORTS.—With respect to 7 calendar year 2021 and each calendar year 8 thereafter, Puerto Rico shall provide to the Sec- 9 retary a report which shall include— 10 ‘‘(i) an estimate of the costs described 11 in paragraphs (1)(B)(i) and (3)(A)(i)(I) 12 with respect to such calendar year, and 13 ‘‘(ii) a statement of such costs with 14 respect to the preceding calendar year. 15 ‘‘(C) ADJUSTMENTS.— 16 ‘‘(i) IN GENERAL.—In the event that 17 any estimate of an amount is more or less 18 than the actual amount as later deter- 19 mined and any payment under paragraph 20 (1) was determined on the basis of such 21 estimate, proper payment shall be made 22 by, or to, the Secretary (as the case may 23 be) as soon as practicable after the deter- 24 mination that such estimate was inac- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 200 •HR 6800 IH curate. Proper adjustment shall be made in 1 the amount of any subsequent payments 2 made under paragraph (1) to the extent 3 that proper payment is not made under the 4 preceding sentence before such subsequent 5 payments. 6 ‘‘(ii) ADDITIONAL REPORTS.—The 7 Secretary may require such additional peri- 8 odic reports of the information described in 9 subparagraph (B) as the Secretary deter- 10 mines appropriate to facilitate timely ad- 11 justments under clause (i). 12 ‘‘(D) DETERMINATION OF COST OF 13 EARNED INCOME TAX CREDIT.—For purposes 14 of this subsection, the cost to Puerto Rico of 15 the earned income tax credit shall be deter- 16 mined by the Secretary on the basis of the laws 17 of Puerto Rico and shall include reductions in 18 revenues received by Puerto Rico by reason of 19 such credit and refunds attributable to such 20 credit, but shall not include any administrative 21 costs with respect to such credit. 22 ‘‘(E) PREVENTION OF MANIPULATION OF 23 BASE AMOUNT.—No payments shall be made 24 under paragraph (1) if the earned income tax 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 201 •HR 6800 IH credit as in effect in Puerto Rico for taxable 1 years beginning in or with calendar year 2019 2 is modified after the date of the enactment of 3 this subsection. 4 ‘‘(b) POSSESSIONS WITH MIRROR CODE TAX SYS- 5 TEMS.— 6 ‘‘(1) IN GENERAL.—With respect to calendar 7 year 2020 and each calendar year thereafter, the 8 Secretary shall, except as otherwise provided in this 9 subsection, make payments to the Virgin Islands, 10 Guam, and the Commonwealth of the Northern Mar- 11 iana Islands equal to— 12 ‘‘(A) 75 percent of the cost to such posses- 13 sion of the earned income tax credit for taxable 14 years beginning in or with such calendar year, 15 plus 16 ‘‘(B) in the case of calendar years 2020 17 through 2024, the lesser of— 18 ‘‘(i) the expenditures made by such 19 possession during such calendar year for 20 education efforts with respect to individual 21 taxpayers and tax return preparers relat- 22 ing to such earned income tax credit, or 23 ‘‘(ii) $50,000. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 202 •HR 6800 IH ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules 1 similar to the rules of subparagraphs (A), (B), (C), 2 and (D) of subsection (a)(4) shall apply for purposes 3 of this subsection. 4 ‘‘(c) AMERICAN SAMOA.— 5 ‘‘(1) IN GENERAL.—With respect to calendar 6 year 2020 and each calendar year thereafter, the 7 Secretary shall, except as otherwise provided in this 8 subsection, make payments to American Samoa 9 equal to— 10 ‘‘(A) the lesser of— 11 ‘‘(i) 75 percent of the cost to Amer- 12 ican Samoa of the earned income tax cred- 13 it for taxable years beginning in or with 14 such calendar year, or 15 ‘‘(ii) $12,000,000, plus 16 ‘‘(B) in the case of calendar years 2020 17 through 2024, the lesser of— 18 ‘‘(i) the expenditures made by Amer- 19 ican Samoa during such calendar year for 20 education efforts with respect to individual 21 taxpayers and tax return preparers relat- 22 ing to such earned income tax credit, or 23 ‘‘(ii) $50,000. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 203 •HR 6800 IH ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN 1 AN EARNED INCOME TAX CREDIT.—The Secretary 2 shall not make any payments under paragraph (1) 3 with respect to any calendar year unless American 4 Samoa has in effect an earned income tax credit for 5 taxable years beginning in or with such calendar 6 year which allows a refundable tax credit to individ- 7 uals on the basis of the taxpayer’s earned income 8 which is designed to substantially increase workforce 9 participation. 10 ‘‘(3) INFLATION ADJUSTMENT.—In the case of 11 any calendar year after 2020, the $12,000,000 12 amount in paragraph (1)(A)(ii) shall be increased by 13 an amount equal to— 14 ‘‘(A) such dollar amount, multiplied by— 15 ‘‘(B) the cost-of-living adjustment deter- 16 mined under section 1(f)(3) for such calendar 17 year, determined by substituting ‘calendar year 18 2019’ for ‘calendar year 2016’ in subparagraph 19 (A)(ii) thereof. 20 Any increase determined under this clause shall be 21 rounded to the nearest multiple of $100,000. 22 ‘‘(4) APPLICATION OF CERTAIN RULES.—Rules 23 similar to the rules of subparagraphs (A), (B), (C), 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 204 •HR 6800 IH and (D) of subsection (a)(4) shall apply for purposes 1 of this subsection. 2 ‘‘(d) TREATMENT OF PAYMENTS.—For purposes of 3 section 1324 of title 31, United States Code, the payments 4 under this section shall be treated in the same manner 5 as a refund due from a credit provision referred to in sub- 6 section (b)(2) of such section.’’. 7 (b) CLERICAL AMENDMENT.—The table of sections 8 for chapter 77 of the Internal Revenue Code of 1986 is 9 amended by adding at the end the following new item: 10 ‘‘Sec. 7529. Application of earned income tax credit to possessions of the United States.’’. SEC. 20126. TEMPORARY SPECIAL RULE FOR DETERMINING 11 EARNED INCOME FOR PURPOSES OF EARNED 12 INCOME TAX CREDIT. 13 (a) IN GENERAL.—If the earned income of the tax- 14 payer for the taxpayer’s first taxable year beginning in 15 2020 is less than the earned income of the taxpayer for 16 the preceding taxable year, the credit allowed under sec- 17 tion 32 of the Internal Revenue Code of 1986 may, at 18 the election of the taxpayer, be determined by sub- 19 stituting-— 20 (1) such earned income for the preceding tax- 21 able year, for 22 (2) such earned income for the taxpayer’s first 23 taxable year beginning in 2020. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 205 •HR 6800 IH (b) EARNED INCOME.— 1 (1) IN GENERAL.—For purposes of this section, 2 the term ‘‘earned income’’ has the meaning given 3 such term under section 32(c) of the Internal Rev- 4 enue Code of 1986. 5 (2) APPLICATION TO JOINT RETURNS.—For 6 purposes of subsection (a), in the case of a joint re- 7 turn, the earned income of the taxpayer for the pre- 8 ceding taxable year shall be the sum of the earned 9 income of each spouse for such preceding taxable 10 year. 11 (c) SPECIAL RULES.— 12 (1) ERRORS TREATED AS MATHEMATICAL 13 ERROR.—For purposes of section 6213 of the Inter- 14 nal Revenue Code of 1986, an incorrect use on a re- 15 turn of earned income pursuant to subsection (a) 16 shall be treated as a mathematical or clerical error. 17 (2) NO EFFECT ON DETERMINATION OF GROSS 18 INCOME, ETC.—Except as otherwise provided in this 19 subsection, the Internal Revenue Code of 1986 shall 20 be applied without regard to any substitution under 21 subsection (a). 22 (d) TREATMENT OF CERTAIN POSSESSIONS.— 23 (1) PAYMENTS TO POSSESSIONS WITH MIRROR 24 CODE TAX SYSTEMS.—The Secretary of the Treas- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 206 •HR 6800 IH ury shall pay to each possession of the United States 1 which has a mirror code tax system amounts equal 2 to the loss (if any) to that possession by reason of 3 the application of the provisions of this section 4 (other than this subsection) with respect to section 5 32 of the Internal Revenue Code of 1986. Such 6 amounts shall be determined by the Secretary of the 7 Treasury based on information provided by the gov- 8 ernment of the respective possession. 9 (2) PAYMENTS TO OTHER POSSESSIONS.—The 10 Secretary of the Treasury shall pay to each posses- 11 sion of the United States which does not have a mir- 12 ror code tax system amounts estimated by the Sec- 13 retary of the Treasury as being equal to the aggre- 14 gate benefits (if any) that would have been provided 15 to residents of such possession by reason of the pro- 16 visions of this section (other than this subsection) 17 with respect to section 32 of the Internal Revenue 18 Code of 1986 if a mirror code tax system had been 19 in effect in such possession. The preceding sentence 20 shall not apply unless the respective possession has 21 a plan, which has been approved by the Secretary of 22 the Treasury, under which such possession will 23 promptly distribute such payments to its residents. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 207 •HR 6800 IH (3) MIRROR CODE TAX SYSTEM.—For purposes 1 of this section, the term ‘‘mirror code tax system’’ 2 means, with respect to any possession of the United 3 States, the income tax system of such possession if 4 the income tax liability of the residents of such pos- 5 session under such system is determined by ref- 6 erence to the income tax laws of the United States 7 as if such possession were the United States. 8 (4) TREATMENT OF PAYMENTS.—For purposes 9 of section 1324 of title 31, United States Code, the 10 payments under this section shall be treated in the 11 same manner as a refund due from a credit provi- 12 sion referred to in subsection (b)(2) of such section. 13 Subtitle D—Child Tax Credit 14 SEC. 20131. CHILD TAX CREDIT IMPROVEMENTS FOR 2020. 15 (a) IN GENERAL.—Section 24 of the Internal Rev- 16 enue Code of 1986 is amended by adding at the end the 17 following new subsection: 18 ‘‘(i) SPECIAL RULES FOR 2020.—In the case of any 19 taxable year beginning in 2020— 20 ‘‘(1) REFUNDABLE CREDIT.—Subsection (h)(5) 21 shall not apply and the increase determined under 22 the first sentence of subsection (d)(1) shall be the 23 amount determined under subsection (d)(1)(A) (de- 24 termined without regard to subsection (h)(4)). 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 208 •HR 6800 IH ‘‘(2) CREDIT AMOUNT.—Subsection (h)(2) shall 1 not apply and subsection (a) shall be applied by sub- 2 stituting ‘$3,000 ($3,600 in the case of a qualifying 3 child who has not attained age 6 as of the close of 4 the calendar year in which the taxable year of the 5 taxpayer begins)’ for ‘$1,000’. 6 ‘‘(3) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT 7 AS QUALIFYING CHILDREN.—This section shall be 8 applied— 9 ‘‘(A) by substituting ‘age 18’ for ‘age 17’ 10 in subsection (c)(1), and 11 ‘‘(B) by substituting ‘described in sub- 12 section (c) (determined after the application of 13 subsection (i)(3)(A))’ for ‘described in sub- 14 section (c)’ in subsection (h)(4)(A).’’. 15 (b) ADVANCE PAYMENT OF CREDIT.— 16 (1) IN GENERAL.—Chapter 77 of such Code is 17 amended by inserting after section 7527 the fol- 18 lowing new section: 19 ‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT. 20 ‘‘(a) IN GENERAL.—As soon as practicable after the 21 date of the enactment of this Act, the Secretary shall es- 22 tablish a program for making advance payments of the 23 credit allowed under subsection (a) of section 24 on a 24 monthly basis (determined without regard to subsection 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 209 •HR 6800 IH (i)(4)) of such section), or as frequently as the Secretary 1 determines to be administratively feasible, to taxpayers de- 2 termined to be eligible for advance payment of such credit. 3 ‘‘(b) LIMITATION.— 4 ‘‘(1) IN GENERAL.—The Secretary may make 5 payments under subsection (a) only to the extent 6 that the total amount of such payments made to any 7 taxpayer during the taxable year does not exceed an 8 amount equal to the excess, if any, of— 9 ‘‘(A) subject to paragraph (2), the amount 10 determined under subsection (a) of section 24 11 with respect to such taxpayer (determined with- 12 out regard to subsection (i)(4)) of such section) 13 for such taxable year, over 14 ‘‘(B) the estimated tax imposed by subtitle 15 A, as reduced by the credits allowable under 16 subparts A and C (other than section 24) of 17 such part IV, with respect to such taxpayer for 18 such taxable year, as determined in such man- 19 ner as the Secretary deems appropriate. 20 ‘‘(2) APPLICATION OF THRESHOLD AMOUNT 21 LIMITATION.—The program described in subsection 22 (a) shall make reasonable efforts to apply the limita- 23 tion of section 24(b) with respect to payments made 24 under such program. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 210 •HR 6800 IH ‘‘(c) APPLICATION.—The advance payments de- 1 scribed in this section shall only be made with respect to 2 credits allowed under section 24 for taxable years begin- 3 ning during 2020.’’. 4 (2) RECONCILIATION OF CREDIT AND ADVANCE 5 CREDIT.—Section 24(i) of such Code, as amended by 6 subsection (a), is amended by adding at the end the 7 following new paragraph: 8 ‘‘(4) RECONCILIATION OF CREDIT AND AD- 9 VANCE CREDIT.— 10 ‘‘(A) IN GENERAL.—The amount of the 11 credit allowed under this section for any taxable 12 year shall be reduced (but not below zero) by 13 the aggregate amount of any advance payments 14 of such credit under section 7527A for such 15 taxable year. 16 ‘‘(B) EXCESS ADVANCE PAYMENTS.—If the 17 aggregate amount of advance payments under 18 section 7527A for the taxable year exceeds the 19 amount of the credit allowed under this section 20 for such taxable year (determined without re- 21 gard to subparagraph (A)), the tax imposed by 22 this chapter for such taxable year shall be in- 23 creased by the amount of such excess.’’. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 211 •HR 6800 IH (3) CLERICAL AMEMDMENT.—The table of sec- 1 tions for chapter 77 of such Code is amended by in- 2 serting after the item relating to section 7527 the 3 following new item: 4 ‘‘Sec. 7527A. Advance payment of child tax credit.’’. (c) EFFECTIVE DATE.—The amendments made by 5 this section shall apply to taxable years beginning after 6 December 31, 2019. 7 SEC. 20132. APPLICATION OF CHILD TAX CREDIT IN POS- 8 SESSIONS. 9 (a) IN GENERAL.—Section 24 of the Internal Rev- 10 enue Code of 1986 is amended by adding at the end the 11 following new subsection: 12 ‘‘(i) APPLICATION OF CREDIT IN POSSESSIONS.— 13 ‘‘(1) MIRROR CODE POSSESSIONS.— 14 ‘‘(A) IN GENERAL.—The Secretary shall 15 pay to each possession of the United States 16 with a mirror code tax system amounts equal to 17 the loss to that possession by reason of the ap- 18 plication of this section (determined without re- 19 gard to this subsection) with respect to taxable 20 years beginning after 2019. Such amounts shall 21 be determined by the Secretary based on infor- 22 mation provided by the government of the re- 23 spective possession. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 212 •HR 6800 IH ‘‘(B) COORDINATION WITH CREDIT AL- 1 LOWED AGAINST UNITED STATES INCOME 2 TAXES.—No credit shall be allowed under this 3 section for any taxable year to any individual to 4 whom a credit is allowable against taxes im- 5 posed by a possession with a mirror code tax 6 system by reason of the application of this sec- 7 tion in such possession for such taxable year. 8 ‘‘(C) MIRROR CODE TAX SYSTEM.—For 9 purposes of this paragraph, the term ‘mirror 10 code tax system’ means, with respect to any 11 possession of the United States, the income tax 12 system of such possession if the income tax li- 13 ability of the residents of such possession under 14 such system is determined by reference to the 15 income tax laws of the United States as if such 16 possession were the United States. 17 ‘‘(2) PUERTO RICO.—In the case of any bona 18 fide resident of Puerto Rico (within the meaning of 19 section 937(a))— 20 ‘‘(A) the credit determined under this sec- 21 tion shall be allowable to such resident, 22 ‘‘(B) in the case of any taxable year begin- 23 ning during 2020, the increase determined 24 under the first sentence of subsection (d)(1) 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 213 •HR 6800 IH shall be the amount determined under sub- 1 section (d)(1)(A) (determined without regard to 2 subsection (h)(4)), 3 ‘‘(C) in the case of any taxable year begin- 4 ning after December 31, 2020, and before Jan- 5 uary 1, 2026, the increase determined under 6 the first sentence of subsection (d)(1) shall be 7 the lesser of— 8 ‘‘(i) the amount determined under 9 subsection (d)(1)(A) (determined without 10 regard to subsection (h)(4)), or 11 ‘‘(ii) the dollar amount in effect under 12 subsection (h)(5), and 13 ‘‘(D) in the case of any taxable year after 14 December 31, 2025, the increase determined 15 under the first sentence of subsection (d)(1) 16 shall be the amount determined under sub- 17 section (d)(1)(A). 18 ‘‘(3) AMERICAN SAMOA.— 19 ‘‘(A) IN GENERAL.—The Secretary shall 20 pay to American Samoa amounts estimated by 21 the Secretary as being equal to the aggregate 22 benefits that would have been provided to resi- 23 dents of American Samoa by reason of the ap- 24 plication of this section for taxable years begin- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 214 •HR 6800 IH ning after 2019 if the provisions of this section 1 had been in effect in American Samoa. 2 ‘‘(B) DISTRIBUTION REQUIREMENT.—Sub- 3 paragraph (A) shall not apply unless American 4 Samoa has a plan, which has been approved by 5 the Secretary, under which American Samoa 6 will promptly distribute such payments to the 7 residents of American Samoa in a manner 8 which replicates to the greatest degree prac- 9 ticable the benefits that would have been so 10 provided to each such resident. 11 ‘‘(C) COORDINATION WITH CREDIT AL- 12 LOWED AGAINST UNITED STATES INCOME 13 TAXES.— 14 ‘‘(i) IN GENERAL.—In the case of a 15 taxable year with respect to which a plan 16 is approved under subparagraph (B), this 17 section (other than this subsection) shall 18 not apply to any individual eligible for a 19 distribution under such plan. 20 ‘‘(ii) APPLICATION OF SECTION IN 21 EVENT OF ABSENCE OF APPROVED 22 PLAN.—In the case of a taxable year with 23 respect to which a plan is not approved 24 under subparagraph (B), rules similar to 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 215 •HR 6800 IH the rules of paragraph (2) shall apply with 1 respect to bona fide residents of American 2 Samoa (within the meaning of section 3 937(a)). 4 ‘‘(4) TREATMENT OF PAYMENTS.—The pay- 5 ments made under this subsection shall be treated in 6 the same manner for purposes of section 1324(b)(2) 7 of title 31, United States Code, as refunds due from 8 the credit allowed under this section.’’. 9 (b) EFFECTIVE DATE.—The amendment made by 10 this section shall apply to taxable years beginning after 11 December 31, 2019. 12 Subtitle E—Dependent Care Assistance 13 SEC. 20141. REFUNDABILITY AND ENHANCEMENT OF CHILD 14 AND DEPENDENT CARE TAX CREDIT. 15 (a) IN GENERAL.—Section 21 of the Internal Rev- 16 enue Code of 1986 is amended by adding at the end the 17 following new subsection: 18 ‘‘(g) SPECIAL RULES FOR 2020.—In the case of any 19 taxable year beginning after December 31, 2019, and be- 20 fore January 1, 2021— 21 ‘‘(1) CREDIT MADE REFUNDABLE.—In the case 22 of an individual other than a nonresident alien, the 23 credit allowed under subsection (a) shall be treated 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 216 •HR 6800 IH as a credit allowed under subpart C (and not allowed 1 under this subpart). 2 ‘‘(2) INCREASE IN APPLICABLE PERCENTAGE.— 3 Subsection (a)(2) shall be applied— 4 ‘‘(A) by substituting ‘50 percent’ for ‘35 5 percent ’, and 6 ‘‘(B) by substituting ‘$120,000’ for 7 ‘$15,000’. 8 ‘‘(3) INCREASE IN DOLLAR LIMIT ON AMOUNT 9 CREDITABLE.—Subsection (c) shall be applied— 10 ‘‘(A) by substituting ‘$6,000’ for ‘$3,000’ 11 in paragraph (1) thereof, and 12 ‘‘(B) by substituting ‘twice the amount in 13 effect under paragraph (1)’ for ‘$6,000’ in 14 paragraph (2) thereof.’’. 15 (b) CONFORMING AMENDMENT.—Section 1324(b)(2) 16 of title 31, United States Code, is amended by inserting 17 ‘‘21 (by reason of subsection (g) thereof),’’ before ‘‘25A’’. 18 (c) COORDINATION WITH POSSESSION TAX SYS- 19 TEMS.—Section 21(g)(1) of the Internal Revenue Code of 20 1986 (as added by this section) shall not apply to any per- 21 son— 22 (1) to whom a credit is allowed against taxes 23 imposed by a possession with a mirror code tax sys- 24 tem by reason of the application of section 21 of 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 217 •HR 6800 IH such Code in such possession for such taxable year, 1 or 2 (2) to whom a credit would be allowed against 3 taxes imposed by a possession which does not have 4 a mirror code tax system if the provisions of section 5 21 of such Code had been in effect in such posses- 6 sion for such taxable year. 7 (d) EFFECTIVE DATE.—The amendments made by 8 this section shall apply to taxable years beginning after 9 December 31, 2019. 10 SEC. 20142. INCREASE IN EXCLUSION FOR EMPLOYER-PRO- 11 VIDED DEPENDENT CARE ASSISTANCE. 12 (a) IN GENERAL.—Section 129(a)(2) of the Internal 13 Revenue Code of 1986 is amended by adding at the end 14 the following new subparagraph: 15 ‘‘(D) SPECIAL RULE FOR 2020.—In the 16 case of any taxable year beginning during 2020, 17 subparagraph (A) shall be applied be sub- 18 stituting ‘$10,500 (half such dollar amount’ for 19 ‘$5,000 ($2,500’.’’. 20 (b) EFFECTIVE DATE.—The amendment made by 21 this section shall apply to taxable years beginning after 22 December 31, 2019. 23 (c) RETROACTIVE PLAN AMENDMENTS.—A plan or 24 other arrangement that otherwise satisfies all applicable 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 218 •HR 6800 IH requirements of sections 106, 125, and 129 of the Internal 1 Revenue Code of 1986 (including any rules or regulations 2 thereunder) shall not fail to be treated as a cafeteria plan 3 or dependent care flexible spending arrangement merely 4 because such plan or arrangement is amended pursuant 5 to a provision under this section and such amendment is 6 retroactive, if— 7 (1) such amendment is adopted no later than 8 the last day of the plan year in which the amend- 9 ment is effective, and 10 (2) the plan or arrangement is operated con- 11 sistent with the terms of such amendment during 12 the period beginning on the effective date of the 13 amendment and ending on the date the amendment 14 is adopted. 15 Subtitle F—Flexibility for Certain Employee Benefits 16 SEC. 20151. INCREASE IN CARRYOVER FOR HEALTH FLEXI- 17 BLE SPENDING ARRANGEMENTS. 18 (a) IN GENERAL.—A plan or other arrangement that 19 otherwise satisfies all of the applicable requirements of 20 sections 106 and 125 of the Internal Revenue Code of 21 1986 (including any rules or regulations thereunder) shall 22 not fail to be treated as a cafeteria plan or health flexible 23 spending arrangement merely because such plan or ar- 24 rangement permits participants to carry over an amount 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 219 •HR 6800 IH not in excess of $2,750 of unused benefits or contributions 1 remaining in a health flexible spending arrangement from 2 the plan year ending in 2020 to the plan year ending in 3 2021. 4 (b) DEFINITIONS.—Any term used in this section 5 which is also used in section 106 or 125 of the Internal 6 Revenue Code of 1986 or the rules or regulations there- 7 under shall have the same meaning as when used in such 8 section or rules or regulations. 9 SEC. 20152. CARRYOVER FOR DEPENDENT CARE FLEXIBLE 10 SPENDING ARRANGEMENTS. 11 (a) IN GENERAL.—A plan or other arrangement that 12 otherwise satisfies all applicable requirements of sections 13 106, 125, and 129 of the Internal Revenue Code of 1986 14 (including any rules or regulations thereunder) shall not 15 fail to be treated as a cafeteria plan or dependent care 16 flexible spending arrangement merely because such plan 17 or arrangement permits participants to carry over (under 18 rules similar to the rules applicable to health flexible 19 spending arrangements) an amount, not in excess of the 20 amount in effect under section 129(a)(2)(A) of such Code, 21 of unused benefits or contributions remaining in a depend- 22 ent care flexible spending arrangement from the plan year 23 ending in 2020 to the plan year ending in 2021. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 220 •HR 6800 IH (b) DEFINITIONS.—Any term used in this section 1 which is also used in section 106, 125, or 129 of the Inter- 2 nal Revenue Code of 1986 or the rules or regulations 3 thereunder shall have the same meaning as when used in 4 such section or rules or regulations. 5 SEC. 20153. CARRYOVER OF PAID TIME OFF. 6 (a) IN GENERAL.—A plan that otherwise satisfies all 7 applicable requirements of section 125 of the Internal Rev- 8 enue Code of 1986 (including any rules or regulations 9 thereunder) shall not fail to be treated as a cafeteria plan 10 merely because such plan permits participants to carry 11 over (under rules similar to the rules applicable to health 12 flexible spending arrangements) any amount of paid time 13 off (without limitation) from the plan year ending in 2020 14 to the plan year ending in 2021. 15 (b) DEFINITIONS.—Any term used in this section 16 which is also used in section 125 of the Internal Revenue 17 Code of 1986 or the rules or regulations thereunder shall 18 have the same meaning as when used in such section or 19 rules or regulations. 20 SEC. 20154. CHANGE IN ELECTION AMOUNT. 21 (a) IN GENERAL.—A plan or other arrangement that 22 otherwise satisfies all applicable requirements of sections 23 106 and 125 of the Internal Revenue Code of 1986 (in- 24 cluding any rules or regulations thereunder) shall not fail 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 221 •HR 6800 IH to be treated as a cafeteria plan or health flexible spending 1 arrangement merely because such plan or arrangement al- 2 lows an employee to make, with respect to the remaining 3 portion of a period of coverage within the applicable pe- 4 riod— 5 (1) an election modifying the amount of such 6 employee’s contributions to such a health flexible 7 spending arrangement (without regard to any 8 change in status), or 9 (2) an election modifying the amount of such 10 employee’s elective paid time off. 11 Any election as modified under paragraph (1) shall not 12 exceed the limitation applicable under section 125(i) for 13 the taxable year. 14 (b) ONE-TIME APPLICATION.—Paragraphs (1) and 15 (2) of subsection (a) shall each apply to only 1 election 16 change described in such paragraph with respect to an em- 17 ployee (in addition to any other election changes during 18 a period of coverage permitted under the plan or arrange- 19 ment without regard to this section). 20 (c) APPLICABLE PERIOD.—For purposes of this sec- 21 tion, the term ‘‘applicable period’’ means the period begin- 22 ning on the date of the enactment of this Act and ending 23 on December 31, 2020. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 222 •HR 6800 IH (d) DEFINITIONS.—Any term used in this section 1 which is also used in section 106 or 125 of the Internal 2 Revenue Code of 1986 or the rules or regulations there- 3 under shall have the same meaning as when used in such 4 section or rules or regulations. 5 SEC. 20155. EXTENSION OF GRACE PERIODS, ETC. 6 (a) IN GENERAL.—A plan or other arrangement that 7 otherwise satisfies all applicable requirements of sections 8 106, 125, or 129 of the Internal Revenue Code (including 9 any rules or regulations thereunder) shall not fail to be 10 treated as a cafeteria plan, health flexible spending ar- 11 rangement, or dependent care flexible spending arrange- 12 ment (whichever is applicable) merely because such plan 13 or arrangement extends the grace period for the plan year 14 ending in 2020 to 12 months after the end of such plan 15 year, with respect to unused benefits or contributions re- 16 maining in a health flexible spending arrangement or a 17 dependent care flexible spending arrangement. 18 (b) POST-TERMINATION REIMBURSEMENTS FROM 19 HEALTH FSAS.—A plan or other arrangement that other- 20 wise satisfies all applicable requirements of sections 106 21 and 125 of the Internal Revenue Code of 1986 (including 22 any rules or regulations thereunder) shall not fail to be 23 treated as a cafeteria plan or health flexible spending ar- 24 rangement merely because such plan or arrangement al- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 223 •HR 6800 IH lows (under rules similar to the rules applicable to depend- 1 ent care flexible spending arrangements) an employee who 2 ceases participation in the plan during calendar year 2020 3 to continue to receive reimbursements from unused bene- 4 fits or contributions through the end of the plan year (in- 5 cluding any grace period, taking into account any modi- 6 fication of a grace period permitted under subsection (a)). 7 (c) DEFINITIONS.—Any term used in this section 8 which is also used in section 106, 125, or 129 of the Inter- 9 nal Revenue Code of 1986 or the rules or regulations 10 thereunder shall have the same meaning as when used in 11 such section or rules or regulations. 12 SEC. 20156. PLAN AMENDMENTS. 13 A plan or other arrangement that otherwise satisfies 14 all applicable requirements of sections 106, 125, and 129 15 of the Internal Revenue Code of 1986 (including any rules 16 or regulations thereunder) shall not fail to be treated as 17 a cafeteria plan, health flexible spending arrangement, or 18 dependent care flexible spending arrangement merely be- 19 cause such plan or arrangement is amended pursuant to 20 a provision under this subtitle and such amendment is ret- 21 roactive, if— 22 (1) such amendment is adopted no later than 23 the last day of the plan year in which the amend- 24 ment is effective, and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 224 •HR 6800 IH (2) the plan or arrangement is operated con- 1 sistent with the terms of such amendment during 2 the period beginning on the effective date of the 3 amendment and ending on the date the amendment 4 is adopted. 5 Subtitle G—Deduction of State and Local Taxes 6 SEC. 20161. ELIMINATION FOR 2020 AND 2021 OF LIMITA- 7 TION ON DEDUCTION OF STATE AND LOCAL 8 TAXES. 9 (a) IN GENERAL.—Section 164(b)(6)(B) of the Inter- 10 nal Revenue Code of 1986 is amended by inserting ‘‘in 11 the case of a taxable year beginning before January 1, 12 2020, or after December 31, 2021,’’ before ‘‘the aggregate 13 amount of taxes’’. 14 (b) CONFORMING AMENDMENTS.—Section 164(b)(6) 15 of the Internal Revenue Code of 1986 is amended— 16 (1) by striking ‘‘For purposes of subparagraph 17 (B)’’ and inserting ‘‘For purposes of this section’’, 18 (2) by striking ‘‘January 1, 2018’’ and insert- 19 ing ‘‘January 1, 2022’’, 20 (3) by striking ‘‘December 31, 2017, shall’’ and 21 inserting ‘‘December 31, 2021, shall’’, and 22 (4) by adding at the end the following: ‘‘For 23 purposes of this section, in the case of State or local 24 taxes with respect to any real or personal property 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 225 •HR 6800 IH paid during a taxable year beginning in 2020 or 1 2021, the Secretary shall prescribe rules which treat 2 all or a portion of such taxes as paid in a taxable 3 year or years other than the taxable year in which 4 actually paid as necessary or appropriate to prevent 5 the avoidance of the limitations of this subsection.’’. 6 (c) EFFECTIVE DATE.—The amendments made by 7 this section shall apply to taxes paid or accrued in taxable 8 years beginning after December 31, 2019. 9 TITLE II—ADDITIONAL RELIEF FOR WORKERS 10 Subtitle A—Additional Relief 11 SEC. 20201. INCREASE IN ABOVE-THE-LINE DEDUCTION FOR 12 CERTAIN EXPENSES OF ELEMENTARY AND 13 SECONDARY SCHOOL TEACHERS. 14 (a) INCREASE.—Section 62(a)(2)(D) of the Internal 15 Revenue Code of 1986 is amended by striking ‘‘$250’’ and 16 inserting ‘‘$500’’. 17 (b) CONFORMING AMENDMENTS.—Section 62(d)(3) 18 of the Internal Revenue Code of 1986 is amended— 19 (1) by striking ‘‘2015’’ and inserting ‘‘2020’’, 20 (2) by striking ‘‘$250’’ and inserting ‘‘$500’’, 21 and 22 (3) in subparagraph (B), by striking ‘‘2014’’ 23 and inserting ‘‘2019’’. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 226 •HR 6800 IH (c) EFFECTIVE DATE.—The amendments made by 1 this section shall apply to taxable years beginning after 2 December 31, 2019. 3 SEC. 20202. ABOVE-THE-LINE DEDUCTION ALLOWED FOR 4 CERTAIN EXPENSES OF FIRST RESPONDERS. 5 (a) IN GENERAL.—Section 62(a)(2) of the Internal 6 Revenue Code of 1986 is amended by adding at the end 7 the following new subparagraph: 8 ‘‘(F) CERTAIN EXPENSES OF FIRST RE- 9 SPONDERS.—The deductions allowed by section 10 162 which consist of expenses, not in excess of 11 $500, paid or incurred by a first responder— 12 ‘‘(i) as tuition or fees for the partici- 13 pation of the first responder in profes- 14 sional development courses related to serv- 15 ice as a first responder, or 16 ‘‘(ii) for uniforms used by the first re- 17 sponder in service as a first responder.’’. 18 (b) FIRST RESPONDER DEFINED.—Section 62(d) of 19 the Internal Revenue Code of 1986 is amended by adding 20 at the end the following new paragraph: 21 ‘‘(4) FIRST RESPONDER.—For purposes of sub- 22 section (a)(2)(F), the term ‘first responder’ means, 23 with respect to any taxable year, any employee who 24 provides at least 1000 hours of service during such 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 227 •HR 6800 IH taxable year as a law enforcement officer, firefighter, 1 paramedic, or emergency medical technician.’’. 2 (c) INFLATION ADJUSTMENT.—Section 62(d)(3) of 3 the Internal Revenue Code of 1986, as amended by the 4 preceding provisions of this Act, is further amended by 5 striking ‘‘the $500 amount in subsection (a)(2)(D)’’ and 6 inserting ‘‘the $500 amount in each of subparagraphs (D) 7 and (F) of subsection (a)(2)’’. 8 (d) EFFECTIVE DATE.—The amendments made by 9 this section shall apply to taxable years beginning after 10 December 31, 2019. 11 SEC. 20203. TEMPORARY ABOVE-THE-LINE DEDUCTION FOR 12 SUPPLIES AND EQUIPMENT OF FIRST RE- 13 SPONDERS AND COVID–19 FRONT LINE EM- 14 PLOYEES. 15 (a) IN GENERAL.—Section 62(d) of the Internal Rev- 16 enue Code of 1986, as amended by the preceding provi- 17 sions of this Act, is amended by adding at the end of the 18 following new paragraph: 19 ‘‘(5) TEMPORARY RULE FOR FIRST RESPOND- 20 ERS AND COVID–19 FRONT LINE EMPLOYEES.— 21 ‘‘(A) IN GENERAL.—In the case of any 22 taxable year beginning in 2020— 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 228 •HR 6800 IH ‘‘(i) subsection (a)(2)(F)(ii) shall be 1 applied by substituting ‘uniforms, supplies, 2 or equipment’ for ‘uniforms’, and 3 ‘‘(ii) for purposes of subsection 4 (a)(2)(F), the term ‘first responder’ shall 5 include any COVID–19 front line em- 6 ployee. 7 ‘‘(B) COVID–19 FRONT LINE EM- 8 PLOYEE.—For purposes of this paragraph, the 9 term ‘COVID–19 front line employee’ means, 10 with respect to any taxable year, any individual 11 who performs at least 1000 hours of essential 12 work (as defined in the COVID–19 Heroes 13 Fund Act except without regard to the time pe- 14 riod during which such work is performed) dur- 15 ing such taxable year as an employee in a trade 16 or business of an employer.’’. 17 (b) EFFECTIVE DATE.—The amendment made by 18 this section shall apply to taxable years beginning after 19 December 31, 2019. 20 SEC. 20204. PAYROLL CREDIT FOR CERTAIN PANDEMIC-RE- 21 LATED EMPLOYEE BENEFIT EXPENSES PAID 22 BY EMPLOYERS. 23 (a) IN GENERAL.—In the case of an employer, there 24 shall be allowed as a credit against applicable employment 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 229 •HR 6800 IH taxes for each calendar quarter an amount equal to the 1 applicable percentage of the qualified pandemic-related 2 employee benefit expenses paid by such employer with re- 3 spect to such calendar quarter. 4 (b) LIMITATIONS AND REFUNDABILITY.— 5 (1) DOLLAR LIMITATION PER EMPLOYEE.—The 6 qualified pandemic-related employee benefit expenses 7 which may be taken into account under subsection 8 (a) with respect to any employee for any calendar 9 quarter shall not exceed $5,000. 10 (2) CREDIT LIMITED TO CERTAIN EMPLOYMENT 11 TAXES.—The credit allowed by subsection (a) with 12 respect to any calendar quarter shall not exceed the 13 applicable employment taxes for such calendar quar- 14 ter (reduced by any credits allowed under sub- 15 sections (e) and (f) of section 3111 of such Code, 16 sections 7001 and 7003 of the Families First 17 Coronavirus Response Act, and section 2301 of the 18 CARES Act, for such quarter) on the wages paid 19 with respect to the employment of all the employees 20 of the employer for such calendar quarter. 21 (3) REFUNDABILITY OF EXCESS CREDIT.— 22 (A) IN GENERAL.—If the amount of the 23 credit under subsection (a) exceeds the limita- 24 tion of paragraph (2) for any calendar quarter, 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 230 •HR 6800 IH such excess shall be treated as an overpayment 1 that shall be refunded under sections 6402(a) 2 and 6413(b) of the Internal Revenue Code of 3 1986. 4 (B) TREATMENT OF PAYMENTS.—For pur- 5 poses of section 1324 of title 31, United States 6 Code, any amounts due to an employer under 7 this paragraph shall be treated in the same 8 manner as a refund due from a credit provision 9 referred to in subsection (b)(2) of such section. 10 (4) COORDINATION WITH GOVERNMENT 11 GRANTS.—The qualified pandemic-related employee 12 benefit expenses taken into account under this sec- 13 tion by any employer shall be reduced by any 14 amounts provided by and Federal, State, or local 15 government for purposes of making or reimbursing 16 such expenses. 17 (c) QUALIFIED PANDEMIC-RELATED EMPLOYEE 18 BENEFIT EXPENSES.—For purposes of this section, the 19 term ‘‘qualified pandemic-related employee benefit ex- 20 penses’’ means any amount paid to or for the benefit of 21 an employee in the employment of the employer if— 22 (1) such amount is excludible from the gross in- 23 come of the employee under section 139 of the Inter- 24 nal Revenue Code of 1986 by reason of being a 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 231 •HR 6800 IH qualified disaster relief payment described in sub- 1 section (b)(1) of such section with respect to a quali- 2 fied disaster described in subsection (c)(2) of such 3 section which was declared by reason of COVID–19, 4 and 5 (2) the employer elects (at such time and in 6 such manner as the Secretary may provide) to treat 7 such amount as a qualified pandemic-related em- 8 ployee benefit expense. 9 (d) APPLICABLE PERCENTAGE.—For purposes of 10 this section— 11 (1) IN GENERAL.—The term ‘‘applicable per- 12 centage’’ means— 13 (A) 50 percent, in the case of qualified 14 pandemic-related employee benefit expenses 15 paid with respect to an essential employee, and 16 (B) 30 percent, in any other case. 17 (2) ESSENTIAL EMPLOYEE.—The term ‘‘essen- 18 tial employee’’ means, with respect to any employer 19 for any calendar quarter, any employee of such em- 20 ployer if a substantial portion of the services per- 21 formed by such employee for such employer during 22 such calendar quarter are essential work (as defined 23 in the COVID–19 Heroes Fund Act except without 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 232 •HR 6800 IH regard to the time period during which such work is 1 performed). 2 (e) SPECIAL RULES; OTHER DEFINITIONS.— 3 (1) APPLICATION OF CERTAIN NON-DISCRIMINA- 4 TION RULES.—No credit shall be allowed under this 5 section to any employer for any calendar quarter if 6 qualified pandemic-related employee benefit expenses 7 are provided by such employer to employees for such 8 calendar quarter in a manner which discriminates in 9 favor of highly compensated individuals (within the 10 meaning of section 125) as to eligibility for, or the 11 amount of, such benefit expenses. An employer may 12 elect with respect to any calendar quarter to apply 13 this paragraph separately with respect to essential 14 employees and with respect to all other employees. 15 (2) DENIAL OF DOUBLE BENEFIT.—For pur- 16 poses of chapter 1 of such Code, no deduction or 17 credit (other than the credit allowed under this sec- 18 tion) shall be allowed for so much of qualified pan- 19 demic-related employee benefit expenses as is equal 20 to the credit allowed under this section. 21 (3) THIRD PARTY PAYORS.—Any credit allowed 22 under this section shall be treated as a credit de- 23 scribed in section 3511(d)(2) of such Code. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 233 •HR 6800 IH (4) APPLICABLE EMPLOYMENT TAXES.—For 1 purposes of this section, the term ‘‘applicable em- 2 ployment taxes’’ means the following: 3 (A) The taxes imposed under section 4 3111(a) of the Internal Revenue Code of 1986. 5 (B) So much of the taxes imposed under 6 section 3221(a) of such Code as are attrib- 7 utable to the rate in effect under section 8 3111(a) of such Code. 9 (5) SECRETARY.—For purposes of this section, 10 the term ‘‘Secretary’’ means the Secretary of the 11 Treasury or the Secretary’s delegate. 12 (6) CERTAIN TERMS.— 13 (A) IN GENERAL.—Any term used in this 14 section which is also used in chapter 21 or 22 15 of such Code shall have the same meaning as 16 when used in such chapter (as the case may 17 be). 18 (B) CERTAIN PROVISIONS NOT TAKEN 19 INTO ACCOUNT EXCEPT FOR PURPOSES OF LIM- 20 ITING CREDIT TO EMPLOYMENT TAXES.—For 21 purposes of subparagraph (A) (other than with 22 respect to subsection (b)(2)), section 3121(b) of 23 such Code shall be applied without regard to 24 paragraphs (1), (5), (6), (7), (8), (10), (13), 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 234 •HR 6800 IH (18), (19), and (22) thereof (except with re- 1 spect to services performed in a penal institu- 2 tion by an inmate thereof) and section 3 3231(e)(1) shall be applied without regard to 4 the sentence that begins ‘‘Such term does not 5 include remuneration’’. 6 (f) CERTAIN GOVERNMENTAL EMPLOYERS.— 7 (1) IN GENERAL.—The credit under this section 8 shall not be allowed to the Federal Government or 9 any agency or instrumentality thereof. 10 (2) EXCEPTION.—Paragraph (1) shall not 11 apply to any organization described in section 12 501(c)(1) of the Internal Revenue Code of 1986 and 13 exempt from tax under section 501(a) of such Code. 14 (g) TREATMENT OF DEPOSITS.—The Secretary shall 15 waive any penalty under section 6656 of such Code for 16 any failure to make a deposit of applicable employment 17 taxes if the Secretary determines that such failure was due 18 to the anticipation of the credit allowed under this section. 19 (h) REGULATIONS.—The Secretary shall prescribe 20 such regulations or other guidance as may be necessary 21 to carry out the purposes of this section, including regula- 22 tions or other guidance— 23 (1) to allow the advance payment of the credit 24 determined under subsection (a), subject to the limi- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 235 •HR 6800 IH tations provided in this section, based on such infor- 1 mation as the Secretary shall require, 2 (2) to provide for the reconciliation of such ad- 3 vance payment with the amount of the credit at the 4 time of filing the return of tax for the applicable 5 quarter or taxable year, 6 (3) for recapturing the benefit of credits deter- 7 mined under this section in cases where there is a 8 subsequent adjustment to the credit determined 9 under subsection (a), and 10 (4) with respect to the application of the credit 11 to third party payors (including professional em- 12 ployer organizations, certified professional employer 13 organizations, or agents under section 3504 of such 14 Code), including to allow such payors to submit doc- 15 umentation necessary to substantiate eligibility for, 16 and the amount of, the credit allowed under this sec- 17 tion. 18 (i) APPLICATION OF SECTION.—This section shall 19 apply only to qualified pandemic-related employee benefit 20 expenses paid after March 12, 2020, and before January 21 1, 2021. 22 (j) TRANSFERS TO CERTAIN TRUST FUNDS.—There 23 are hereby appropriated to the Federal Old-Age and Sur- 24 vivors Insurance Trust Fund and the Federal Disability 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 236 •HR 6800 IH Insurance Trust Fund established under section 201 of 1 the Social Security Act (42 U.S.C. 401) and the Social 2 Security Equivalent Benefit Account established under 3 section 15A(a) of the Railroad Retirement Act of 1974 4 (45 U.S.C. 231n–1(a)) amounts equal to the reduction in 5 revenues to the Treasury by reason of this section (without 6 regard to this subsection). Amounts appropriated by the 7 preceding sentence shall be transferred from the general 8 fund at such times and in such manner as to replicate 9 to the extent possible the transfers which would have oc- 10 curred to such Trust Fund or Account had this section 11 not been enacted. 12 Subtitle B—Tax Credits to Prevent Business 13 Interruption 14 SEC. 20211. IMPROVEMENTS TO EMPLOYEE RETENTION 15 CREDIT. 16 (a) INCREASE IN CREDIT PERCENTAGE.—Section 17 2301(a) of the CARES Act is amended by striking ‘‘50 18 percent’’ and inserting ‘‘80 percent’’. 19 (b) INCREASE IN PER EMPLOYEE LIMITATION.—Sec- 20 tion 2301(b)(1) of the CARES Act is amended by striking 21 ‘‘for all calendar quarters shall not exceed $10,000.’’ and 22 inserting ‘‘shall not exceed— 23 ‘‘(A) $15,000 in any calendar quarter, and 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 237 •HR 6800 IH ‘‘(B) $45,000 in the aggregate for all cal- 1 endar quarters.’’. 2 (c) MODIFICATION OF THRESHOLD FOR TREATMENT 3 AS A LARGE EMPLOYER.— 4 (1) IN GENERAL.—Section 2301(c)(3)(A) of the 5 CARES Act is amended— 6 (A) by striking ‘‘for which the average 7 number of full-time employees (within the 8 meaning of section 4980H of the Internal Rev- 9 enue Code of 1986) employed by such eligible 10 employer during 2019 was greater than 100’’ in 11 clause (i) and inserting ‘‘which is a large em- 12 ployer’’, and 13 (B) by striking ‘‘for which the average 14 number of full-time employees (within the 15 meaning of section 4980H of the Internal Rev- 16 enue Code of 1986) employed by such eligible 17 employer during 2019 was not greater than 18 100’’ in clause (ii) and inserting ‘‘which is not 19 a large employer’’. 20 (2) LARGE EMPLOYER DEFINED.—Section 21 2301(c) of the CARES Act is amended by redesig- 22 nating paragraph (6) as paragraph (7) and by in- 23 serting after paragraph (5) the following new para- 24 graph: 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 238 •HR 6800 IH ‘‘(6) LARGE EMPLOYER.—The term ‘large em- 1 ployer’ means any eligible employer if— 2 ‘‘(A) the average number of full-time em- 3 ployees (as determined for purposes of deter- 4 mining whether an employer is an applicable 5 large employer for purposes of section 6 4980H(c)(2) of the Internal Revenue Code of 7 1986) employed by such eligible employer dur- 8 ing calendar year 2019 was greater than 1,500, 9 and 10 ‘‘(B) the gross receipts (within the mean- 11 ing of section 448(c) of the Internal Revenue 12 Code of 1986) of such eligible employer during 13 calendar year 2019 was greater than 14 $41,500,000.’’. 15 (d) PHASE-IN OF ELIGIBILITY BASED ON REDUC- 16 TION IN GROSS RECEIPTS.— 17 (1) DECREASE OF REDUCTION IN GROSS RE- 18 CEIPTS NECESSARY TO QUALIFY FOR CREDIT.—Sec- 19 tion 2301(c)(2)(B) of the CARES Act is amended— 20 (A) by striking ‘‘50 percent’’ in clause (i) 21 and inserting ‘‘90 percent’’, and 22 (B) by striking ‘‘80 percent’’ in clause (ii) 23 and inserting ‘‘90 percent’’. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 239 •HR 6800 IH (2) PHASE-IN OF CREDIT IF REDUCTION IN 1 GROSS RECEIPTS IS LESS THAN 50 PERCENT.—Sec- 2 tion 2301(c)(2) of the CARES Act is amended by 3 adding at the end the following new subparagraph: 4 ‘‘(D) PHASE-IN OF CREDIT WHERE BUSI- 5 NESS NOT SUSPENDED AND REDUCTION IN 6 GROSS RECEIPTS LESS THAN 50 PERCENT.— 7 ‘‘(i) IN GENERAL.—In the case of any 8 calendar quarter with respect to which an 9 eligible employer would not be an eligible 10 employer if subparagraph (B)(i) were ap- 11 plied by substituting ‘50 percent’ for ‘90 12 percent’, the amount of the credit allowed 13 under subsection (a) shall be reduced by 14 the amount which bears the same ratio to 15 the amount of such credit (determined 16 without regard to this subparagraph) as— 17 ‘‘(I) the excess gross receipts per- 18 centage point amount, bears to 19 ‘‘(II) 40 percentage points. 20 ‘‘(ii) EXCESS GROSS RECEIPTS PER- 21 CENTAGE POINT AMOUNT.—For purposes 22 of this subparagraph, the term ‘excess 23 gross receipts percentage point amount’ 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 240 •HR 6800 IH means, with respect to any calendar quar- 1 ter, the excess of— 2 ‘‘(I) the lowest of the gross re- 3 ceipts percentage point amounts de- 4 termined with respect to any calendar 5 quarter during the period ending with 6 such calendar quarter and beginning 7 with the first calendar quarter during 8 the period described in subparagraph 9 (B), over 10 ‘‘(II) 50 percentage points. 11 ‘‘(iii) GROSS RECEIPTS PERCENTAGE 12 POINT AMOUNTS.—For purposes of this 13 subparagraph, the term ‘gross receipts per- 14 centage point amount’ means, with respect 15 to any calendar quarter, the percentage 16 (expressed as a number of percentage 17 points) obtained by dividing— 18 ‘‘(I) the gross receipts (within 19 the meaning of subparagraph (B)) for 20 such calendar quarter, by 21 ‘‘(II) the gross receipts for the 22 same calendar quarter in calendar 23 year 2019.’’. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 241 •HR 6800 IH (3) GROSS RECEIPTS OF TAX-EXEMPT ORGANI- 1 ZATIONS.—Section 2301(c)(2)(C) of the CARES Act 2 is amended— 3 (A) by striking ‘‘of such Code, clauses (i) 4 and (ii)(I)’’ and inserting ‘‘of such Code— 5 ‘‘(i) clauses (i) and (ii)(I)’’, 6 (B) by striking the period at the end and 7 inserting ‘‘, and’’, and 8 (C) by adding at the end the following new 9 clause: 10 ‘‘(ii) any reference in this section to 11 gross receipts shall be treated as a ref- 12 erence to gross receipts within the meaning 13 of section 6033 of such Code.’’. 14 (e) MODIFICATION OF TREATMENT OF HEALTH 15 PLAN EXPENSES.— 16 (1) IN GENERAL.—Section 2301(c)(5) of the 17 CARES Act is amended to read as follows: 18 ‘‘(5) WAGES.— 19 ‘‘(A) IN GENERAL.—The term ‘wages’ 20 means wages (as defined in section 3121(a) of 21 the Internal Revenue Code of 1986) and com- 22 pensation (as defined in section 3231(e) of such 23 Code). 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 242 •HR 6800 IH ‘‘(B) ALLOWANCE FOR CERTAIN HEALTH 1 PLAN EXPENSES.— 2 ‘‘(i) IN GENERAL.—Such term shall 3 include amounts paid or incurred by the el- 4 igible employer to provide and maintain a 5 group health plan (as defined in section 6 5000(b)(1) of the Internal Revenue Code 7 of 1986), but only to the extent that such 8 amounts are excluded from the gross in- 9 come of employees by reason of section 10 106(a) of such Code. 11 ‘‘(ii) ALLOCATION RULES.—For pur- 12 poses of this section, amounts treated as 13 wages under clause (i) shall be treated as 14 paid with respect to any employee (and 15 with respect to any period) to the extent 16 that such amounts are properly allocable to 17 such employee (and to such period) in such 18 manner as the Secretary may prescribe. 19 Except as otherwise provided by the Sec- 20 retary, such allocation shall be treated as 21 properly made if made on the basis of 22 being pro rata among periods of cov- 23 erage.’’. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 243 •HR 6800 IH (2) CONFORMING AMENDMENT.—Section 1 2301(c)(3) of the CARES Act is amended by strik- 2 ing subparagraph (C). 3 (f) QUALIFIED WAGES PERMITTED TO INCLUDE 4 AMOUNTS FOR TIP REPLACEMENT.— 5 (1) IN GENERAL.—Section 2301(c)(3)(B) of the 6 CARES Act is amended by inserting ‘‘(including tips 7 which would have been deemed to be paid by the em- 8 ployer under section 3121(q))’’ after ‘‘would have 9 been paid’’. 10 (2) CONFORMING AMENDMENT.—Section 11 2301(h)(2) of the CARES Act is amended by insert- 12 ing ‘‘45B or’’ before ‘‘45S’’. 13 (g) CERTAIN GOVERNMENTAL EMPLOYERS ELIGIBLE 14 FOR CREDIT.— 15 (1) IN GENERAL.—Section 2301(f) of the 16 CARES Act is amended to read as follows: 17 ‘‘(f) CERTAIN GOVERNMENTAL EMPLOYERS.— 18 ‘‘(1) IN GENERAL.—The credit under this sec- 19 tion shall not be allowed to the Federal Government 20 or any agency or instrumentality thereof. 21 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 22 apply to any organization described in section 23 501(c)(1) of the Internal Revenue Code of 1986 and 24 exempt from tax under section 501(a) of such Code. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 244 •HR 6800 IH ‘‘(3) SPECIAL RULES.—In the case of any State 1 government, Indian tribal government, or any agen- 2 cy, instrumentality, or political subdivision of the 3 foregoing— 4 ‘‘(A) clauses (i) and (ii)(I) of subsection 5 (c)(2)(A) shall apply to all operations of such 6 entity, and 7 ‘‘(B) subclause (II) of subsection 8 (c)(2)(A)(ii) shall not apply.’’. 9 (2) COORDINATION WITH APPLICATION OF CER- 10 TAIN DEFINITIONS.— 11 (A) IN GENERAL.—Section 2301(c)(5)(A) 12 of the CARES Act, as amended by the pre- 13 ceding provisions of this Act, is amended by 14 adding at the end the following: ‘‘For purposes 15 of the preceding sentence (other than for pur- 16 poses of subsection (b)(2)), wages as defined in 17 section 3121(a) of the Internal Revenue Code 18 of 1986 shall be determined without regard to 19 paragraphs (1), (5), (6), (7), (8), (10), (13), 20 (18), (19), and (22) of section 3212(b) of such 21 Code (except with respect to services performed 22 in a penal institution by an inmate thereof).’’. 23 (B) CONFORMING AMENDMENTS.—Sec- 24 tions 2301(c)(6) of the CARES Act is amended 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 245 •HR 6800 IH by striking ‘‘Any term’’ and inserting ‘‘Except 1 as otherwise provided in this section, any 2 term’’. 3 (h) EFFECTIVE DATE.—The amendments made by 4 this section shall take effect as if included in section 2301 5 of the CARES Act. 6 SEC. 20212. PAYROLL CREDIT FOR CERTAIN FIXED EX- 7 PENSES OF EMPLOYERS SUBJECT TO CLO- 8 SURE BY REASON OF COVID–19. 9 (a) IN GENERAL.—In the case of an eligible em- 10 ployer, there shall be allowed as a credit against applicable 11 employment taxes for each calendar quarter an amount 12 equal to 50 percent of the qualified fixed expenses paid 13 or incurred by such employer during such calendar quar- 14 ter. 15 (b) LIMITATIONS AND REFUNDABILITY.— 16 (1) LIMITATION.—The qualified fixed expenses 17 which may be taken into account under subsection 18 (a) by any eligible employer for any calendar quarter 19 shall not exceed the least of— 20 (A) the qualified fixed expenses paid by the 21 eligible employer in the same calendar quarter 22 of calendar year 2019, 23 (B) $50,000, or 24 (C) the greater of— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 246 •HR 6800 IH (i) 25 percent of the wages paid with 1 respect to the employment of all the em- 2 ployees of the eligible employer for such 3 calendar quarter, or 4 (ii) 6.25 percent of the gross receipts 5 of the eligible employer for calendar year 6 2019. 7 (2) CREDIT LIMITED TO CERTAIN EMPLOYMENT 8 TAXES.—The credit allowed by subsection (a) with 9 respect to any calendar quarter shall not exceed the 10 applicable employment taxes for such calendar quar- 11 ter (reduced by any credits allowed under sub- 12 sections (e) and (f) of section 3111 of such Code, 13 sections 7001 and 7003 of the Families First 14 Coronavirus Response Act, section 2301 of the 15 CARES Act, and section 20204 of this division, for 16 such quarter) on the wages paid with respect to the 17 employment of all the employees of the eligible em- 18 ployer for such calendar quarter. 19 (3) REFUNDABILITY OF EXCESS CREDIT.— 20 (A) IN GENERAL.—If the amount of the 21 credit under subsection (a) exceeds the limita- 22 tion of paragraph (2) for any calendar quarter, 23 such excess shall be treated as an overpayment 24 that shall be refunded under sections 6402(a) 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 247 •HR 6800 IH and 6413(b) of the Internal Revenue Code of 1 1986. 2 (B) TREATMENT OF PAYMENTS.—For pur- 3 poses of section 1324 of title 31, United States 4 Code, any amounts due to an employer under 5 this paragraph shall be treated in the same 6 manner as a refund due from a credit provision 7 referred to in subsection (b)(2) of such section. 8 (c) DEFINITIONS.—For purposes of this section— 9 (1) APPLICABLE EMPLOYMENT TAXES.—The 10 term ‘‘applicable employment taxes’’ means the fol- 11 lowing: 12 (A) The taxes imposed under section 13 3111(a) of the Internal Revenue Code of 1986. 14 (B) So much of the taxes imposed under 15 section 3221(a) of such Code as are attrib- 16 utable to the rate in effect under section 17 3111(a) of such Code. 18 (2) ELIGIBLE EMPLOYER.— 19 (A) IN GENERAL.—The term ‘‘eligible em- 20 ployer’’ means any employer— 21 (i) which was carrying on a trade or 22 business during calendar year 2020, 23 (ii) which had either— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 248 •HR 6800 IH (I) not more than 1,500 full-time 1 equivalent employees (as determined 2 for purposes of determining whether 3 an employer is an applicable large em- 4 ployer for purposes of section 5 4980H(c)(2) of the Internal Revenue 6 Code of 1986) for calendar year 2019, 7 or 8 (II) not more than $41,500,000 9 of gross receipts in the last taxable 10 year ending in 2019, and 11 (iii) with respect to any calendar 12 quarter, for which— 13 (I) the operation of the trade or 14 business described in clause (i) is fully 15 or partially suspended during the cal- 16 endar quarter due to orders from an 17 appropriate governmental authority 18 limiting commerce, travel, or group 19 meetings (for commercial, social, reli- 20 gious, or other purposes) due to the 21 coronavirus disease 2019 (COVID– 22 19), or 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 249 •HR 6800 IH (II) such calendar quarter is 1 within the period described in sub- 2 paragraph (B). 3 (B) SIGNIFICANT DECLINE IN GROSS RE- 4 CEIPTS.—The period described in this subpara- 5 graph is the period— 6 (i) beginning with the first calendar 7 quarter beginning after December 31, 8 2019, for which gross receipts (within the 9 meaning of section 448(c) of the Internal 10 Revenue Code of 1986) for the calendar 11 quarter are less than 90 percent of gross 12 receipts for the same calendar quarter in 13 the prior year, and 14 (ii) ending with the calendar quarter 15 following the first calendar quarter begin- 16 ning after a calendar quarter described in 17 clause (i) for which gross receipts of such 18 employer are greater than 90 percent of 19 gross receipts for the same calendar quar- 20 ter in the prior year. 21 (C) TAX-EXEMPT ORGANIZATIONS.—In the 22 case of an organization which is described in 23 section 501(c) of the Internal Revenue Code of 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 250 •HR 6800 IH 1986 and exempt from tax under section 501(a) 1 of such Code— 2 (i) clauses (i) and (iii)(I) of subpara- 3 graph (A) shall apply to all operations of 4 such organization, and 5 (ii) any reference in this section to 6 gross receipts shall be treated as a ref- 7 erence to gross receipts within the meaning 8 of section 6033 of the Internal Revenue 9 Code of 1986. 10 (D) PHASE-IN OF CREDIT WHERE BUSI- 11 NESS NOT SUSPENDED AND REDUCTION IN 12 GROSS RECEIPTS LESS THAN 50 PERCENT.— 13 (i) IN GENERAL.—In the case of any 14 calendar quarter with respect to which an 15 eligible employer would not be an eligible 16 employer if subparagraph (B)(i) were ap- 17 plied by substituting ‘‘50 percent’’ for ‘‘90 18 percent’’, the amount of the credit allowed 19 under subsection (a) shall be reduced by 20 the amount which bears the same ratio to 21 the amount of such credit (determined 22 without regard to this subparagraph) as— 23 (I) the excess gross receipts per- 24 centage point amount, bears to 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 251 •HR 6800 IH (II) 40 percentage points. 1 (ii) EXCESS GROSS RECEIPTS PER- 2 CENTAGE POINT AMOUNT.—For purposes 3 of this subparagraph, the term ‘‘excess 4 gross receipts percentage point amount’’ 5 means, with respect to any calendar quar- 6 ter, the excess of— 7 (I) the lowest of the gross re- 8 ceipts percentage point amounts de- 9 termined with respect to any calendar 10 quarter during the period ending with 11 such calendar quarter and beginning 12 with the first calendar quarter during 13 the period described in subparagraph 14 (B), over 15 (II) 50 percentage points. 16 (iii) GROSS RECEIPTS PERCENTAGE 17 POINT AMOUNTS.—For purposes of this 18 subparagraph, the term ‘‘gross receipts 19 percentage point amount’’ means, with re- 20 spect to any calendar quarter, the percent- 21 age (expressed as a number of percentage 22 points) obtained by dividing— 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 252 •HR 6800 IH (I) the gross receipts (within the 1 meaning of subparagraph (B)) for 2 such calendar quarter, by 3 (II) the gross receipts for the 4 same calendar quarter in calendar 5 year 2019. 6 (3) QUALIFIED FIXED EXPENSES.— 7 (A) IN GENERAL.—The term ‘‘qualified 8 fixed expenses’’ means the payment or accrual, 9 in the ordinary course of the eligible employer’s 10 trade or business, of any covered mortgage obli- 11 gation, covered rent obligation, or covered util- 12 ity payment. Such term shall not include the 13 prepayment of any obligation for a period in ex- 14 cess of a month unless the payment for such 15 period is customarily due in advance. 16 (B) APPLICATION OF DEFINITIONS.—The 17 terms ‘‘covered mortgage obligation’’, ‘‘covered 18 rent obligation’’, and ‘‘covered utility payment’’ 19 shall each have the same meaning as when used 20 in section 1106 of the CARES Act. 21 (4) SECRETARY.—The term ‘‘Secretary’’ means 22 the Secretary of the Treasury or the Secretary’s del- 23 egate. 24 (5) WAGES.— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 253 •HR 6800 IH (A) IN GENERAL.—The term ‘‘wages’’ 1 means wages (as defined in section 3121(a) of 2 the Internal Revenue Code of 1986) and com- 3 pensation (as defined in section 3231(e) of such 4 Code). For purposes of the preceding sentence 5 (other than for purposes of subsection (b)(2)), 6 wages as defined in section 3121(a) of such 7 Code shall be determined without regard to 8 paragraphs (1), (8), (10), (13), (18), (19), and 9 (22) of section 3121(b) of such Code. 10 (B) ALLOWANCE FOR CERTAIN HEALTH 11 PLAN EXPENSES.— 12 (i) IN GENERAL.—Such term shall in- 13 clude amounts paid or incurred by the eli- 14 gible employer to provide and maintain a 15 group health plan (as defined in section 16 5000(b)(1) of the Internal Revenue Code 17 of 1986), but only to the extent that such 18 amounts are excluded from the gross in- 19 come of employees by reason of section 20 106(a) of such Code. 21 (ii) ALLOCATION RULES.—For pur- 22 poses of this section, amounts treated as 23 wages under clause (i) shall be treated as 24 paid with respect to any employee (and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 254 •HR 6800 IH with respect to any period) to the extent 1 that such amounts are properly allocable to 2 such employee (and to such period) in such 3 manner as the Secretary may prescribe. 4 Except as otherwise provided by the Sec- 5 retary, such allocation shall be treated as 6 properly made if made on the basis of 7 being pro rata among periods of coverage. 8 (6) EMPLOYER.—The term ‘‘employer’’ means 9 any employer (as defined in section 3401(d) of such 10 Code) of at least one employee on any day in cal- 11 endar year 2020. 12 (7) OTHER TERMS.—Except as otherwise pro- 13 vided in this section, any term used in this section 14 which is also used in chapter 21 or 22 of the Inter- 15 nal Revenue Code of 1986 shall have the same 16 meaning as when used in such chapter. 17 (d) AGGREGATION RULE.—All persons treated as a 18 single employer under subsection (a) or (b) of section 52 19 of the Internal Revenue Code of 1986, or subsection (m) 20 or (o) of section 414 of such Code, shall be treated as 21 one employer for purposes of this section. 22 (e) DENIAL OF DOUBLE BENEFIT.—For purposes of 23 chapter 1 of such Code, the gross income of any eligible 24 employer, for the taxable year which includes the last day 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 255 •HR 6800 IH of any calendar quarter with respect to which a credit is 1 allowed under this section, shall be increased by the 2 amount of such credit. 3 (f) CERTAIN GOVERNMENTAL EMPLOYERS.— 4 (1) IN GENERAL.—The credit under this section 5 shall not be allowed to the Federal Government, the 6 government of any State, of the District of Colum- 7 bia, or of any possession of the United States, any 8 tribal government, or any political subdivision, agen- 9 cy, or instrumentality of any of the foregoing. 10 (2) EXCEPTION.—Paragraph (1) shall not 11 apply to any organization described in section 12 501(c)(1) of the Internal Revenue Code of 1986 and 13 exempt from tax under section 501(a) of such Code. 14 (g) ELECTION NOT TO HAVE SECTION APPLY.—This 15 section shall not apply with respect to any eligible em- 16 ployer for any calendar quarter if such employer elects (at 17 such time and in such manner as the Secretary may pre- 18 scribe) not to have this section apply. 19 (h) TRANSFERS TO CERTAIN TRUST FUNDS.—There 20 are hereby appropriated to the Federal Old-Age and Sur- 21 vivors Insurance Trust Fund and the Federal Disability 22 Insurance Trust Fund established under section 201 of 23 the Social Security Act (42 U.S.C. 401) and the Social 24 Security Equivalent Benefit Account established under 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 256 •HR 6800 IH section 15A(a) of the Railroad Retirement Act of 1974 1 (45 U.S.C. 231n–1(a)) amounts equal to the reduction in 2 revenues to the Treasury by reason of this section (without 3 regard to this subsection). Amounts appropriated by the 4 preceding sentence shall be transferred from the general 5 fund at such times and in such manner as to replicate 6 to the extent possible the transfers which would have oc- 7 curred to such Trust Fund or Account had this section 8 not been enacted. 9 (i) TREATMENT OF DEPOSITS.—The Secretary shall 10 waive any penalty under section 6656 of such Code for 11 any failure to make a deposit of applicable employment 12 taxes if the Secretary determines that such failure was due 13 to the anticipation of the credit allowed under this section. 14 (j) THIRD PARTY PAYORS.—Any credit allowed 15 under this section shall be treated as a credit described 16 in section 3511(d)(2) of such Code. 17 (k) REGULATIONS AND GUIDANCE.—The Secretary 18 shall issue such forms, instructions, regulations, and guid- 19 ance as are necessary— 20 (1) to allow the advance payment of the credit 21 under subsection (a), subject to the limitations pro- 22 vided in this section, based on such information as 23 the Secretary shall require, 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 257 •HR 6800 IH (2) regulations or other guidance to provide for 1 the reconciliation of such advance payment with the 2 amount of the credit at the time of filing the return 3 of tax for the applicable quarter or taxable year, 4 (3) with respect to the application of the credit 5 under subsection (a) to third party payors (including 6 professional employer organizations, certified profes- 7 sional employer organizations, or agents under sec- 8 tion 3504 of the Internal Revenue Code of 1986), 9 including regulations or guidance allowing such 10 payors to submit documentation necessary to sub- 11 stantiate the eligible employer status of employers 12 that use such payors, 13 (4) for application of subsection (b)(1)(A) and 14 subparagraphs (A)(ii)(II) and (B) of subsection 15 (c)(2) in the case of any employer which was not 16 carrying on a trade or business for all or part of the 17 same calendar quarter in the prior year, and 18 (5) for recapturing the benefit of credits deter- 19 mined under this section in cases where there is a 20 subsequent adjustment to the credit determined 21 under subsection (a). 22 (l) APPLICATION OF SECTION.—This section shall 23 apply only to qualified fixed expenses paid or accrued after 24 March 12, 2020, and before January 1, 2021. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 258 •HR 6800 IH SEC. 20213. BUSINESS INTERRUPTION CREDIT FOR CER- 1 TAIN SELF-EMPLOYED INDIVIDUALS. 2 (a) CREDIT AGAINST TAX.—In the case of an eligible 3 self-employed individual, there shall be allowed as a credit 4 against the tax imposed by chapter 1 of subtitle A of the 5 Internal Revenue Code of 1986 for the taxpayer’s first 6 taxable year beginning in 2020 an amount equal to 90 7 percent of the eligible self-employed individual’s qualified 8 self-employment income. 9 (b) LIMITATIONS.— 10 (1) OVERALL LIMITATION.—The amount of 11 qualified self-employment income taken into account 12 under subsection (a) with respect to any eligible self- 13 employed individual shall not exceed $45,000. 14 (2) LIMITATION BASED ON MODIFIED AD- 15 JUSTED GROSS INCOME.— 16 (A) IN GENERAL.—The amount of the 17 credit allowed by subsection (a) (after applica- 18 tion of paragraph (1)) shall be reduced (but not 19 below zero) by 50 percent of so much of the 20 taxpayer’s modified adjusted gross income for 21 the taxpayer’s first taxable year beginning in 22 2020 as exceeds $60,000 ($120,000 in the case 23 of a joint return). 24 (B) MODIFIED ADJUSTED GROSS IN- 25 COME.—For purposes of this section the term 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 259 •HR 6800 IH ‘‘modified adjusted gross income’’ means ad- 1 justed gross income determined without regard 2 to sections 911, 931, and 933 of such Code. 3 (c) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—For 4 purposes of this section, the term ‘‘eligible self-employed 5 individual’’ means an individual— 6 (1) who— 7 (A) regularly carries on one or more trades 8 or businesses within the meaning of section 9 1402 of such Code, or 10 (B) is allocated income or loss described in 11 section 702(a)(8) of such Code from any trade 12 or business carried on by a partnership which 13 is not excluded under section 1402 of such 14 Code, and 15 (2) for whom gross self-employment income 16 during the first taxable year beginning in 2020 is 17 less than 90 percent of such individual’s gross self- 18 employment income during the first taxable year be- 19 ginning in 2019. 20 (d) QUALIFIED SELF-EMPLOYMENT INCOME.—For 21 purposes of this section— 22 (1) IN GENERAL.—The term ‘‘qualified self-em- 23 ployment income’’ means the product of— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 260 •HR 6800 IH (A) the specified gross self-employment in- 1 come reduction for the first taxable year begin- 2 ning in 2020, multiplied by 3 (B) the ratio of— 4 (i) self-employment income (as deter- 5 mined under section 1402(b) of such Code, 6 but not below zero) for the first taxable 7 year beginning in 2019, divided by 8 (ii) gross self-employment income for 9 the first taxable year beginning in 2019. 10 (2) LIMITATION BASED ON MODIFIED AD- 11 JUSTED GROSS INCOME.—In the case of any tax- 12 payer, qualified self-employment income shall not ex- 13 ceed the excess (if any) of— 14 (A) modified adjusted gross income for the 15 first taxable year beginning in 2019, over 16 (B) modified adjusted gross income for the 17 first taxable year beginning in 2020. 18 (3) SPECIFIED GROSS SELF-EMPLOYMENT IN- 19 COME REDUCTION.—For purposes of paragraph (1), 20 the term ‘‘specified gross self-employment income re- 21 duction’’ means, with respect to a taxable year, the 22 excess (if any) of— 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00260 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 261 •HR 6800 IH (A) 90 percent of gross self-employment 1 income for the taxable year preceding such tax- 2 able year, over 3 (B) gross self-employment income for such 4 taxable year. 5 (e) GROSS SELF-EMPLOYMENT INCOME.—For pur- 6 poses of this section, the term ‘‘gross self-employment in- 7 come’’ means, with respect to any taxable year, the sum 8 of— 9 (1) the eligible self-employed individuals’ gross 10 income derived from all trades or business carried on 11 by such individual for purposes of determining net 12 earnings from self-employment under section 1402 13 of such Code for such taxable year, and 14 (2) the eligible individual’s distributive share of 15 gross income (as determined under section 702(c) of 16 such Code) from any trade or business carried on by 17 a partnership for purposes of determining net earn- 18 ings from self-employment under section 1402 of 19 such Code (and which is not excluded under such 20 section) for such taxable year. 21 (f) SPECIAL RULES.— 22 (1) CREDIT REFUNDABLE.— 23 (A) IN GENERAL.—The credit determined 24 under this section shall be treated as a credit 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 262 •HR 6800 IH allowed to the taxpayer under subpart C of part 1 IV of subchapter A of chapter 1 of such Code. 2 (B) TREATMENT OF PAYMENTS.—For pur- 3 poses of section 1324 of title 31, United States 4 Code, any refund due from the credit allowed 5 under this section shall be treated in the same 6 manner as a refund due from a credit provision 7 referred to in subsection (b)(2) of such section. 8 (2) DOCUMENTATION.—No credit shall be al- 9 lowed under this section unless the taxpayer main- 10 tains such documentation as the Secretary of the 11 Treasury (or the Secretary’s delegate) may prescribe 12 to establish such individual as an eligible self-em- 13 ployed individual. 14 (3) DENIAL OF DOUBLE BENEFIT.—Qualified 15 self-employment income shall be reduced by— 16 (A) the qualified sick leave equivalent 17 amount for which a credit is allowed under sec- 18 tion 7002(a) of the Families First Coronavirus 19 Response Act and the qualified family leave 20 equivalent amount for which a credit is allowed 21 under section 7004(a) of such Act, 22 (B) the qualified wages for which a credit 23 is allowed under section 2301 of the CARES 24 Act, 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 263 •HR 6800 IH (C) the amount of the credit allowed under 1 section 6432 of the Internal Revenue Code of 2 1986 (as added by this Act), and 3 (D) except to the extent taken into account 4 in determining gross self-employment income, 5 amounts from a covered loan under section 6 7(a)(36) of the Small Business Act that are— 7 (i) forgiven pursuant to section 8 1106(b) of the CARES Act, and 9 (ii) paid or distributed to the eligible 10 self-employed individual as payroll costs 11 described in section 7(a)(36)(A)(viii)(I) of 12 the Small Business Act. 13 (4) JOINT RETURNS.— 14 (A) IN GENERAL.—In the case of a joint 15 return, the taxpayer shall be treated for pur- 16 poses of this section as an eligible self-employed 17 individual if either spouse is an eligible self-em- 18 ployed individual. 19 (B) APPLICATION OF MODIFIED ADJUSTED 20 GROSS INCOME LIMITATION ON QUALIFIED 21 SELF-EMPLOYMENT INCOME.—If the taxpayer 22 filed a joint return for only one of the taxable 23 years described in subsection (d)(2), such limi- 24 tation shall apply in such manner as the Sec- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 264 •HR 6800 IH retary of the Treasury (or the Secretary’s dele- 1 gate) may provide. 2 (5) ELECTION NOT TO HAVE SECTION APPLY.— 3 This section shall not apply with respect to any tax- 4 payer for any taxable year if such taxpayer elects (at 5 such time and in such manner as the Secretary of 6 the Treasury, or the Secretary’s delegate, may pre- 7 scribe) not to have this section apply. 8 (g) APPLICATION OF CREDIT IN CERTAIN POSSES- 9 SIONS.— 10 (1) PAYMENTS TO POSSESSIONS WITH MIRROR 11 CODE TAX SYSTEMS.—The Secretary of the Treas- 12 ury (or the Secretary’s delegate) shall pay to each 13 possession of the United States which has a mirror 14 code tax system amounts equal to the loss (if any) 15 to that possession by reason of the application of the 16 provisions of this section. Such amounts shall be de- 17 termined by the Secretary of the Treasury (or the 18 Secretary’s delegate) based on information provided 19 by the government of the respective possession. 20 (2) PAYMENTS TO OTHER POSSESSIONS.—The 21 Secretary of the Treasury (or the Secretary’s dele- 22 gate) shall pay to each possession of the United 23 States which does not have a mirror code tax system 24 amounts estimated by the Secretary of the Treasury 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 265 •HR 6800 IH (or the Secretary’s delegate) as being equal to the 1 aggregate benefits (if any) that would have been 2 provided to residents of such possession by reason of 3 the provisions of this section if a mirror code tax 4 system had been in effect in such possession. The 5 preceding sentence shall not apply unless the respec- 6 tive possession has a plan, which has been approved 7 by the Secretary of the Treasury (or the Secretary’s 8 delegate), under which such possession will promptly 9 distribute such payments to its residents. 10 (3) MIRROR CODE TAX SYSTEM.—For purposes 11 of this section, the term ‘‘mirror code tax system’’ 12 means, with respect to any possession of the United 13 States, the income tax system of such possession if 14 the income tax liability of the residents of such pos- 15 session under such system is determined by ref- 16 erence to the income tax laws of the United States 17 as if such possession were the United States. 18 (4) TREATMENT OF PAYMENTS.—For purposes 19 of section 1324 of title 31, United States Code, the 20 payments under this section shall be treated in the 21 same manner as a refund due from a credit provi- 22 sion referred to in subsection (b)(2) of such section. 23 (h) CERTAIN TERMS.—Any term used in this section 24 which is also used in chapter 2 of the Internal Revenue 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 266 •HR 6800 IH Code of 1986 shall have the same meaning as when used 1 in such chapter. 2 (i) REGULATIONS AND GUIDANCE.—The Secretary of 3 the Treasury (or the Secretary’s delegate) shall issue such 4 forms, instructions, regulations, and guidance as are nec- 5 essary or appropriate— 6 (1) to allow the advance payment of the credit 7 under subsection (a) (including allowing use of the 8 anticipated credit to offset estimated taxes) based on 9 the taxpayer’s good faith estimates of gross self-em- 10 ployment income and qualified self-employment in- 11 come for the first taxable year beginning in 2020 12 and such other information as the Secretary of the 13 Treasury (or the Secretary’s delegate) shall require, 14 subject to the limitations provided in this section, 15 (2) to provide for the reconciliation of such ad- 16 vance payment with the amount of the credit at the 17 time of filing the return of tax for the taxpayer’s 18 first taxable year beginning in 2020, 19 (3) to provide for the application of this section 20 to partners in partnerships, and 21 (4) to implement the purposes of this section. 22 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 267 •HR 6800 IH Subtitle C—Credits for Paid Sick and Family Leave 1 SEC. 20221. EXTENSION OF CREDITS. 2 (a) IN GENERAL.—Sections 7001(g), 7002(e), 3 7003(g), and 7004(e) of the Families First Coronavirus 4 Response Act are each amended by striking ‘‘2020’’ and 5 inserting ‘‘2021’’. 6 (b) EFFECTIVE DATE.—The amendments made by 7 this section shall take effect as if included in the provisions 8 of the Families First Coronavirus Response Act to which 9 they relate. 10 SEC. 20222. REPEAL OF REDUCED RATE OF CREDIT FOR 11 CERTAIN LEAVE. 12 (a) PAYROLL CREDIT.—Section 7001(b) of the Fami- 13 lies First Coronavirus Response Act is amended by insert- 14 ing ‘‘or any day on or after the date of the enactment 15 of the COVID–19 Tax Relief Act of 2020’’ after ‘‘in the 16 case of any day any portion of which is paid sick time 17 described in paragraph (1), (2), or (3) of section 5102(a) 18 of the Emergency Paid Sick Leave Act’’. 19 (b) SELF-EMPLOYED CREDIT.— 20 (1) IN GENERAL.—Clauses (i) and (ii) of sec- 21 tion 7002(c)(1)(B) of the Families First 22 Coronavirus Response Act are each amended by in- 23 serting inserting ‘‘or any day on or after the date of 24 the enactment of the COVID–19 Tax Relief Act of 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 268 •HR 6800 IH 2020’’ after ‘‘in the case of any day any portion of 1 which is paid sick time described in paragraph (1), 2 (2), or (3) of section 5102(a) of the Emergency Paid 3 Sick Leave Act’’. 4 (2) CONFORMING AMENDMENT.—Section 5 7002(d)(3) of the Families First Coronavirus Re- 6 sponse Act is amended by inserting inserting ‘‘or 7 any day on or after the date of the enactment of the 8 COVID–19 Tax Relief Act of 2020’’ after ‘‘in the 9 case of any day any portion of which is paid sick 10 time described in paragraph (1), (2), or (3) of sec- 11 tion 5102(a) of the Emergency Paid Sick Leave 12 Act’’. 13 (c) EFFECTIVE DATE.—The amendments made by 14 this section shall apply to days on or after the date of 15 the enactment of this Act. 16 SEC. 20223. INCREASE IN LIMITATIONS ON CREDITS FOR 17 PAID FAMILY LEAVE. 18 (a) INCREASE IN OVERALL LIMITATION ON QUALI- 19 FIED FAMILY LEAVE WAGES.— 20 (1) IN GENERAL.—Section 7003(b)(1)(B) of 21 the Families First Coronavirus Response Act is 22 amended by striking ‘‘$10,000’’ and inserting 23 ‘‘$12,000’’. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 269 •HR 6800 IH (2) CONFORMING AMENDMENT.—Section 1 7004(d)(3) of the Families First Coronavirus Re- 2 sponse Act is amended by striking ‘‘$10,000’’ and 3 inserting ‘‘$12,000’’. 4 (b) INCREASE IN QUALIFIED FAMILY LEAVE EQUIV- 5 ALENT AMOUNT FOR SELF-EMPLOYED INDIVIDUALS.— 6 Section 7004(c)(1)(A) of the Families First Coronavirus 7 Response Act is amended by striking ‘‘50’’ and inserting 8 ‘‘60’’. 9 (c) EFFECTIVE DATE.—The amendments made by 10 this section shall take effect as if included in the provisions 11 of the Families First Coronavirus Response Act to which 12 they relate. 13 SEC. 20224. ELECTION TO USE PRIOR YEAR NET EARNINGS 14 FROM SELF-EMPLOYMENT IN DETERMINING 15 AVERAGE DAILY SELF-EMPLOYMENT IN- 16 COME. 17 (a) CREDIT FOR SICK LEAVE.—Section 7002(c) of 18 the Families First Coronavirus Response Act is amended 19 by adding at the end the following new paragraph: 20 ‘‘(4) ELECTION TO USE PRIOR YEAR NET EARN- 21 INGS FROM SELF-EMPLOYMENT INCOME.—In the 22 case of an individual who elects (at such time and 23 in such manner as the Secretary, or the Secretary’s 24 delegate, may provide) the application of this para- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 270 •HR 6800 IH graph, paragraph (2)(A) shall be applied by sub- 1 stituting ‘the prior taxable year’ for ‘the taxable 2 year’.’’. 3 (b) CREDIT FOR FAMILY LEAVE.—Section 7004(c) 4 of the Families First Coronavirus Response Act is amend- 5 ed by adding at the end the following new paragraph: 6 ‘‘(4) ELECTION TO USE PRIOR YEAR NET EARN- 7 INGS FROM SELF-EMPLOYMENT INCOME.—In the 8 case of an individual who elects (at such time and 9 in such manner as the Secretary, or the Secretary’s 10 delegate, may provide) the application of this para- 11 graph, paragraph (2)(A) shall be applied by sub- 12 stituting ‘the prior taxable year’ for ‘the taxable 13 year’.’’. 14 (c) EFFECTIVE DATE.—The amendments made by 15 this section shall take effect as if included in the provisions 16 of the Families First Coronavirus Response Act to which 17 they relate. 18 SEC. 20225. FEDERAL, STATE, AND LOCAL GOVERNMENTS 19 ALLOWED TAX CREDITS FOR PAID SICK AND 20 PAID FAMILY AND MEDICAL LEAVE. 21 (a) IN GENERAL.—Sections 7001(e) and 7003(e) of 22 the Families First Coronavirus Response Act are each 23 amended by striking paragraph (4). 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 271 •HR 6800 IH (b) COORDINATION WITH APPLICATION OF CERTAIN 1 DEFINITIONS.— 2 (1) IN GENERAL.—Sections 7001(c) and 3 7003(c) of the Families First Coronavirus Response 4 Act are each amended— 5 (A) by inserting ‘‘, determined without re- 6 gard to paragraphs (1) through (22) of section 7 3121(b) of such Code’’ after ‘‘as defined in sec- 8 tion 3121(a) of the Internal Revenue Code of 9 1986’’, and 10 (B) by inserting ‘‘, determined without re- 11 gard to the sentence in paragraph (1) thereof 12 which begins ‘Such term does include remu- 13 neration’ ’’ after ‘‘as defined in section 3231(e) 14 of the Internal Revenue Code’’. 15 (2) CONFORMING AMENDMENTS.—Sections 16 7001(e)(3) and 7003(e)(3) of the Families First 17 Coronavirus Response Act are each amended by 18 striking ‘‘Any term’’ and inserting ‘‘Except as other- 19 wise provided in this section, any term’’. 20 (c) EFFECTIVE DATE.—The amendments made by 21 this section shall take effect as if included in the provisions 22 of the Families First Coronavirus Response Act to which 23 they relate. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 272 •HR 6800 IH SEC. 20226. CERTAIN TECHNICAL IMPROVEMENTS. 1 (a) COORDINATION WITH EXCLUSION FROM EM- 2 PLOYMENT TAXES.—Sections 7001(c) and 7003(c) of the 3 Families First Coronavirus Response Act, as amended by 4 the preceding provisions of this Act, are each amended— 5 (1) by inserting ‘‘and section 7005(a) of this 6 Act,’’ after ‘‘determined without regard to para- 7 graphs (1) through (22) of section 3121(b) of such 8 Code’’, and 9 (2) by inserting ‘‘and without regard to section 10 7005(a) of this Act’’ after ‘‘which begins ‘Such term 11 does not include remuneration’ ’’. 12 (b) CLARIFICATION OF APPLICABLE RAILROAD RE- 13 TIREMENT TAX FOR PAID LEAVE CREDITS.—Sections 14 7001(e) and 7003(e) of the Families First Coronavirus 15 Response Act, as amended by the preceding provisions of 16 this Act, are each amended by adding at the end the fol- 17 lowing new paragraph: 18 ‘‘(4) REFERENCES TO RAILROAD RETIREMENT 19 TAX.—Any reference in this section to the tax im- 20 posed by section 3221(a) of the Internal Revenue 21 Code of 1986 shall be treated as a reference to so 22 much of such tax as is attributable to the rate in ef- 23 fect under section 3111(a) of such Code.’’. 24 (c) CLARIFICATION OF TREATMENT OF PAID LEAVE 25 FOR APPLICABLE RAILROAD RETIREMENT TAX.—Section 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 273 •HR 6800 IH 7005(a) of the Families First Coronavirus Response Act 1 is amended by adding the following sentence at the end 2 of such subsection: ‘‘Any reference in this subsection to 3 the tax imposed by section 3221(a) of such Code shall be 4 treated as a reference to so much of the tax as is attrib- 5 utable to the rate in effect under section 3111(a) of such 6 Code.’’ 7 (d) CLARIFICATION OF APPLICABLE RAILROAD RE- 8 TIREMENT TAX FOR HOSPITAL INSURANCE TAX CRED- 9 IT.—Section 7005(b)(1) of the Families First Coronavirus 10 Response Act is amended as follows: 11 ‘‘(1) IN GENERAL.—The credit allowed by sec- 12 tion 7001 and the credit allowed by section 7003 13 shall each be increased by the amount of the tax im- 14 posed by section 3111(b) of the Internal Revenue 15 Code of 1986 and so much of the taxes imposed 16 under section 3221(a) of such Code as are attrib- 17 utable to the rate in effect under section 3111(b) of 18 such Code on qualified sick leave wages, or qualified 19 family leave wages, for which credit is allowed under 20 such section 7001 or 7003 (respectively).’’. 21 (e) EFFECTIVE DATE.—The amendments made by 22 this section shall take effect as if included in the provisions 23 of the Families First Coronavirus Response Act to which 24 they relate. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 274 •HR 6800 IH SEC. 20227. CREDITS NOT ALLOWED TO CERTAIN LARGE 1 EMPLOYERS. 2 (a) CREDIT FOR REQUIRED PAID SICK LEAVE.— 3 (1) IN GENERAL.—Section 7001(a) of the Fam- 4 ilies First Coronavirus Response Act is amended by 5 striking ‘‘In the case of an employer’’ and inserting 6 ‘‘In the case of an eligible employer’’. 7 (2) ELIGIBLE EMPLOYER.—Section 7001(c) of 8 the Families First Coronavirus Response Act, as 9 amended by the preceding provisions of this Act, is 10 amended by striking ‘‘For purposes of this section, 11 the term’’ and all that precedes it and inserting the 12 following: 13 ‘‘(c) DEFINITIONS.—For purposes of this section— 14 ‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible 15 employer’ means any employer other than an appli- 16 cable large employer (as defined in section 17 4980H(c)(2), determined by substituting ‘500’ for 18 ‘50’ each place it appears in subparagraphs (A) and 19 (B) thereof and without regard to subparagraphs 20 (D) and (F) thereof). For purposes of the preceding 21 sentence, the Government of the United States, the 22 government of any State or political subdivision 23 thereof, or any agency or instrumentality of any of 24 the foregoing shall not be treated as an applicable 25 large employer. 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 275 •HR 6800 IH ‘‘(2) QUALIFIED SICK LEAVE WAGES.—The 1 term’’. 2 (b) CREDIT FOR REQUIRED PAID FAMILY LEAVE.— 3 (1) IN GENERAL.—Section 7003(a) of the Fam- 4 ilies First Coronavirus Response Act is amended by 5 striking ‘‘In the case of an employer’’ and inserting 6 ‘‘In the case of an eligible employer’’. 7 (2) ELIGIBLE EMPLOYER.—Section 7003(c) of 8 the Families First Coronavirus Response Act, as 9 amended by the preceding provisions of this Act, is 10 amended by striking ‘‘For purposes of this section, 11 the term’’ and all that precedes it and inserting the 12 following: 13 ‘‘(c) DEFINITIONS.—For purposes of this section— 14 ‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible 15 employer’ means any employer other than an appli- 16 cable large employer (as defined in section 17 4980H(c)(2), determined by substituting ‘500’ for 18 ‘50’ each place it appears in subparagraphs (A) and 19 (B) thereof and without regard to subparagraphs 20 (D) and (F) thereof). For purposes of the preceding 21 sentence, the Government of the United States, the 22 government of any State or political subdivision 23 thereof, or any agency or instrumentality of any of 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 276 •HR 6800 IH the foregoing, shall not be treated as an applicable 1 large employer. 2 ‘‘(2) QUALIFIED FAMILY LEAVE WAGES.—The 3 term’’. 4 (c) EFFECTIVE DATE.—The amendments made by 5 this section shall apply to wages paid after the date of 6 the enactment of this Act. 7 Subtitle D—Other Relief 8 SEC. 20231. PAYROLL TAX DEFERRAL ALLOWED FOR RE- 9 CIPIENTS OF CERTAIN LOAN FORGIVENESS. 10 (a) IN GENERAL.—Section 2302(a) of the CARES 11 Act is amended by striking paragraph (3). 12 (b) EFFECTIVE DATE.—The amendment made by 13 this section shall take effect as if included in section 2302 14 of the CARES Act. 15 SEC. 20232. EMERGENCY FINANCIAL AID GRANTS. 16 (a) IN GENERAL.—In the case of a student receiving 17 a qualified emergency financial aid grant— 18 (1) such grant shall not be included in the 19 gross income of such individual for purposes of the 20 Internal Revenue Code of 1986, and 21 (2) such grant shall not be treated as described 22 in subparagraph (A), (B), or (C) of section 23 25A(g)(2) of such Code. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 277 •HR 6800 IH (b) DEFINITIONS.—For purposes of this subsection, 1 the term ‘‘qualified emergency financial aid grant’’ 2 means— 3 (1) any emergency financial aid grant awarded 4 by an institution of higher education under section 5 3504 of the CARES Act, 6 (2) any emergency financial aid grant from an 7 institution of higher education made with funds 8 made available under section 18004 of the CARES 9 Act, and 10 (3) any other emergency financial aid grant 11 made to a student from a Federal agency, a State, 12 an Indian tribe, an institution of higher education, 13 or a scholarship-granting organization (including a 14 tribal organization, as defined in section 4 of the In- 15 dian Self-Determination and Education Assistance 16 Act (25 U.S.C.5304)) for the purpose of providing 17 financial relief to students enrolled at institutions of 18 higher education in response to a qualifying emer- 19 gency (as defined in section 3502(a)(4) of the 20 CARES Act). 21 (c) LIMITATION.—This section shall not apply to that 22 portion of any amount received which represents payment 23 for teaching, research, or other services required as a con- 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00277 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 278 •HR 6800 IH dition for receiving the qualified emergency financial aid 1 grant. 2 (d) EFFECTIVE DATE.—This section shall apply to 3 qualified emergency financial aid grants made after March 4 26, 2020. 5 SEC. 20233. CERTAIN LOAN FORGIVENESS AND OTHER 6 BUSINESS FINANCIAL ASSISTANCE UNDER 7 CARES ACT NOT INCLUDIBLE IN GROSS IN- 8 COME. 9 (a) UNITED STATES TREASURY PROGRAM MANAGE- 10 MENT AUTHORITY.—For purposes of the Internal Rev- 11 enue Code of 1986, no amount shall be included in gross 12 income by reason of loan forgiveness described in section 13 1109(d)(2)(D) of the CARES Act. 14 (b) EMERGENCY EIDL GRANTS.—For purposes of 15 the Internal Revenue Code of 1986, any advance described 16 in section 1110(e) of the CARES Act shall not be included 17 in the gross income of the person that receives such ad- 18 vance. 19 (c) SUBSIDY FOR CERTAIN LOAN PAYMENTS.—For 20 purposes of the Internal Revenue Code of 1986, any pay- 21 ment described in section 1112(c) of the CARES Act shall 22 not be included in the gross income of the person on whose 23 behalf such payment is made. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 279 •HR 6800 IH (d) EFFECTIVE DATE.—Subsections (a), (b), and (c) 1 shall apply to taxable years ending after the date of the 2 enactment of the CARES Act. 3 SEC. 20234. AUTHORITY TO WAIVE CERTAIN INFORMATION 4 REPORTING REQUIREMENTS. 5 The Secretary of the Treasury (or the Secretary’s 6 delegate) may provide an exception from any requirement 7 to file an information return otherwise required by chapter 8 61 of the Internal Revenue Code of 1986 with respect to 9 any amount excluded from gross income by reason of sec- 10 tion 1106(i) of the CARES Act or section 20232 or 20233 11 of this Act. 12 SEC. 20235. CLARIFICATION OF TREATMENT OF EXPENSES 13 PAID OR INCURRED WITH PROCEEDS FROM 14 CERTAIN GRANTS AND LOANS. 15 (a) IN GENERAL.—For purposes of the Internal Rev- 16 enue Code of 1986 and notwithstanding any other provi- 17 sion of law, any deduction and the basis of any property 18 shall be determined without regard to whether any amount 19 is excluded from gross income under section 20233 of this 20 Act or section 1106(i) of the CARES Act. 21 (b) CLARIFICATION OF EXCLUSION OF LOAN FOR- 22 GIVENESS.—Section 1106(i) of the CARES Act is amend- 23 ed to read as follows: 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 280 •HR 6800 IH ‘‘(i) TAXABILITY.—For purposes of the Internal Rev- 1 enue Code of 1986, no amount shall be included in the 2 gross income of the eligible recipient by reason of forgive- 3 ness of indebtedness described in subsection (b).’’. 4 (c) EFFECTIVE DATE.—Subsection (a) and the 5 amendment made by subsection (b) shall apply to taxable 6 years ending after the date of the enactment of the 7 CARES Act. 8 SEC. 20236. REINSTATEMENT OF CERTAIN PROTECTIONS 9 FOR TAXPAYER RETURN INFORMATION. 10 (a) IN GENERAL.—Section 6103(a)(3) of the Internal 11 Revenue Code of 1986, as amended by section 3516 of 12 the CARES Act, is amended by striking ‘‘(13)(A), 13 (13)(B), (13)(C), (13)(D)(i), (16)’’ and inserting ‘‘(13), 14 (16)’’. 15 (b) RECORDS REQUIREMENTS.—Section 16 6103(p)(3)(A) of such Code, as so amended, is amended 17 by striking ‘‘(12), (13)(A), (13)(B), (13)(C), (13)(D)(i)’’ 18 and inserting ‘‘(12),’’. 19 (c) APPLICATION OF SAFEGUARDS.—Section 20 6103(p)(4) of such Code, as so amended, is amended by 21 striking ‘‘(13)(A), (13)(B), (13)(C), (13)(D)(i)’’ each 22 place it appears and inserting ‘‘(13)’’. 23 (d) EFFECTIVE DATE.—The amendments made by 24 this section shall apply to disclosures made after the date 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00280 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 281 •HR 6800 IH of the enactment of the FUTURE Act (Public Law 116– 1 91). 2 TITLE III—NET OPERATING LOSSES 3 SEC. 20301. LIMITATION ON EXCESS BUSINESS LOSSES OF 4 NON-CORPORATE TAXPAYERS RESTORED 5 AND MADE PERMANENT. 6 (a) IN GENERAL.—Section 461(l)(1) of the Internal 7 Revenue Code of 1986 is amended to read as follows: 8 ‘‘(1) LIMITATION.—In the case of a taxpayer 9 other than a corporation, any excess business loss of 10 the taxpayer shall not be allowed.’’. 11 (b) FARMING LOSSES.—Section 461 of such Code is 12 amended by striking subsection (j). 13 (c) EFFECTIVE DATE.—The amendments made by 14 this section shall apply to taxable years beginning after 15 December 31, 2017. 16 SEC. 20302. CERTAIN TAXPAYERS ALLOWED CARRYBACK OF 17 NET OPERATING LOSSES ARISING IN 2019 AND 18 2020. 19 (a) CARRYBACK OF LOSSES ARISING IN 2019 AND 20 2020.— 21 (1) IN GENERAL.—Section 172(b)(1)(D)(i) of 22 the Internal Revenue Code of 1986 is amended to 23 read as follows: 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 282 •HR 6800 IH ‘‘(i) IN GENERAL.—In the case of any 1 net operating loss arising in a taxable year 2 beginning after December 31, 2018, and 3 before January 1, 2021, and to which sub- 4 paragraphs (B) and (C)(i) do not apply, 5 such loss shall be a net operating loss 6 carryback to each taxable year preceding 7 the taxable year of such loss, but not to 8 any taxable year beginning before January 9 1, 2018.’’. 10 (2) CONFORMING AMENDMENTS.— 11 (A) The heading for section 172(b)(1)(D) 12 of such Code is amended by striking ‘‘2018, 13 2019, AND’’ and inserting ‘‘2019 AND’’. 14 (B) Section 172(b)(1)(D) of such Code is 15 amended by striking clause (iii) and by redesig- 16 nating clauses (iv) and (v) as clauses (iii) and 17 (iv), respectively. 18 (C) Section 172(b)(1)(D)(iii) of such Code, 19 as so redesignated, is amended by striking 20 ‘‘(i)(I)’’ and inserting ‘‘(i)’’. 21 (D) Section 172(b)(1)(D)(iv) of such Code, 22 as so redesignated, is amended— 23 (i) by striking ‘‘If the 5-year 24 carryback period under clause (i)(I)’’ in 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 283 •HR 6800 IH subclause (I) and inserting ‘‘If the 1 carryback period under clause (i)’’, and 2 (ii) by striking ‘‘2018 or’’ in subclause 3 (II). 4 (b) DISALLOWED FOR CERTAIN TAXPAYERS.—Sec- 5 tion 172(b)(1)(D) of such Code, as amended by the pre- 6 ceding provisions of this Act, is amended by adding at the 7 end the following new clauses: 8 ‘‘(v) CARRYBACK DISALLOWED FOR 9 CERTAIN TAXPAYERS.—Clause (i) shall not 10 apply with respect to any loss arising in a 11 taxable year in which— 12 ‘‘(I) the taxpayer (or any related 13 person) is not allowed a deduction 14 under this chapter for the taxable 15 year by reason of section 162(m) or 16 section 280G, or 17 ‘‘(II) the taxpayer (or any related 18 person) is a specified corporation for 19 the taxable year. 20 ‘‘(vi) SPECIFIED CORPORATION.—For 21 purposes of clause (v)— 22 ‘‘(I) IN GENERAL.—The term 23 ‘specified corporation’ means, with re- 24 spect to any taxable year, a corpora- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 284 •HR 6800 IH tion the aggregate distributions (in- 1 cluding redemptions) of which during 2 all taxable years ending after Decem- 3 ber 31, 2017, exceed the sum of appli- 4 cable stock issued of such corporation 5 and 5 percent of the fair market value 6 of the stock of such corporation as of 7 the last day of the taxable year. 8 ‘‘(II) APPLICABLE STOCK 9 ISSUED.—The term ‘applicable stock 10 issued’ means, with respect to any 11 corporation, the aggregate fair market 12 value of stock (as of the issue date of 13 such stock) issued by the corporation 14 during all taxable years ending after 15 December 31, 2017, in exchange for 16 money or property other than stock in 17 such corporation. 18 ‘‘(III) CERTAIN PREFERRED 19 STOCK DISREGARDED.—For purposes 20 of subclause (I), stock described in 21 section 1504(a)(4), and distributions 22 (including redemptions) with respect 23 to such stock, shall be disregarded. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 285 •HR 6800 IH ‘‘(vii) RELATED PERSON.—For pur- 1 poses of clause (v), a person is a related 2 person to a taxpayer if the related person 3 bears a relationship to the taxpayer speci- 4 fied in section 267(b) or section 5 707(b)(1).’’. 6 (c) EFFECTIVE DATE.—The amendments made by 7 this section shall take effect as if included in the enact- 8 ment of section 2302(b) of the Coronavirus Aid, Relief, 9 and Economic Security Act. 10 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 286 •HR 6800 IH DIVISION C—HEALTH PROVISIONS 1 TITLE I—MEDICAID PROVISIONS 2 COVID–19-RELATED TEMPORARY INCREASE OF MEDICAID 3 FMAP 4 SEC. 30101. 5 (a) IN GENERAL.—Section 6008 of the Families 6 First Coronavirus Response Act (42 U.S.C. 1396d note) 7 is amended— 8 (1) in subsection (a)— 9 (A) by inserting ‘‘(or, if later, June 30, 10 2021)’’ after ‘‘last day of such emergency pe- 11 riod occurs’’; and 12 (B) by striking ‘‘6.2 percentage points.’’ 13 and inserting ‘‘the percentage points specified 14 in subsection (e). In no case may the applica- 15 tion of this section result in the Federal medical 16 assistance percentage determined for a State 17 being more than 95 percent.’’; and 18 (2) by adding at the end the following new sub- 19 sections: 20 ‘‘(e) SPECIFIED PERCENTAGE POINTS.—For pur- 21 poses of subsection (a), the percentage points specified in 22 this subsection are— 23 ‘‘(1) for each calendar quarter occurring during 24 the period beginning on the first day of the emer- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 287 •HR 6800 IH gency period described in paragraph (1)(B) of sec- 1 tion 1135(g) of the Social Security Act (42 U.S.C. 2 1320b-5(g)) and ending on June 30, 2020, 6.2 per- 3 centage points; 4 ‘‘(2) for each calendar quarter occurring during 5 the period beginning on July 1, 2020, and ending on 6 June 30, 2021, 14 percentage points; and 7 ‘‘(3) for each calendar quarter, if any, occurring 8 during the period beginning on July 1, 2021, and 9 ending on the last day of the calendar quarter in 10 which the last day of such emergency period occurs, 11 6.2 percentage points. 12 ‘‘(f) CLARIFICATIONS.— 13 ‘‘(1) In the case of a State that treats an indi- 14 vidual described in subsection (b)(3) as eligible for 15 the benefits described in such subsection, for the pe- 16 riod described in subsection (a), expenditures for 17 medical assistance and administrative costs attrib- 18 utable to such individual that would not otherwise be 19 included as expenditures under section 1903 of the 20 Social Security Act shall be regarded as expendi- 21 tures under the State plan approved under title XIX 22 of the Social Security Act or for administration of 23 such State plan. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 288 •HR 6800 IH ‘‘(2) The limitations on payment under sub- 1 sections (f) and (g) of section 1108 of the Social Se- 2 curity Act (42 U.S.C. 1308) shall not apply to Fed- 3 eral payments made under section 1903(a)(1) of the 4 Social Security Act (42 U.S.C. 1396b(a)(1)) attrib- 5 utable to the increase in the Federal medical assist- 6 ance percentage under this section. 7 ‘‘(3) Expenditures attributable to the increased 8 Federal medical assistance percentage under this 9 section shall not be counted for purposes of the limi- 10 tations under section 2104(b)(4) of such Act (42 11 U.S.C. 1397dd(b)(4)). 12 ‘‘(g) SCOPE OF APPLICATION.—An increase in the 13 Federal medical assistance percentage for a State under 14 this section shall not be taken into account for purposes 15 of payments under part D of title IV of the Social Security 16 Act (42 U.S.C. 651 et seq.).’’. 17 (b) EFFECTIVE DATE.—The amendments made by 18 subsection (a) shall take effect and apply as if included 19 in the enactment of section 6008 of the Families First 20 Coronavirus Response Act (Public Law 116–127). 21 LIMITATION ON ADDITIONAL SECRETARIAL ACTION WITH 22 RESPECT TO MEDICAID SUPPLEMENTAL PAYMENTS 23 REPORTING REQUIREMENTS 24 SEC. 30102. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 289 •HR 6800 IH (a) IN GENERAL.—Notwithstanding any other provi- 1 sion of law, during the period that begins on the date of 2 enactment of this section and ends on the last day of the 3 emergency period described in paragraph (1)(B) of section 4 1135(g) of the Social Security Act (42 U.S.C. 1320b– 5 5(g)), the Secretary of Health and Human Services shall 6 not take any action (through promulgation of regulation, 7 issue of regulatory guidance, or otherwise) to— 8 (1) finalize or otherwise implement provisions 9 contained in the proposed rule published on Novem- 10 ber 18, 2019, on pages 63722 through 63785 of vol- 11 ume 84, Federal Register (relating to parts 430, 12 433, 447, 455, and 457 of title 42, Code of Federal 13 Regulations); or 14 (2) promulgate or implement any rule or provi- 15 sion similar to the provisions described in paragraph 16 (1) pertaining to the Medicaid program established 17 under title XIX of the Social Security Act (42 18 U.S.C. 1396 et seq.) or the State Children’s Health 19 Insurance Program established under title XXI of 20 such Act (42 U.S.C. 1397aa et seq.). 21 (b) CONTINUATION OF OTHER SECRETARIAL AU- 22 THORITY.—Nothing in this section shall be construed as 23 prohibiting the Secretary during the period described in 24 subsection (a) from taking any action (through promulga- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 290 •HR 6800 IH tion of regulation, issuance of regulatory guidance, or 1 other administrative action) to enforce a provision of law 2 in effect as of the date of enactment of this section with 3 respect to the Medicaid program established under title 4 XIX of the Social Security Act (42 U.S.C. 1396 et seq.) 5 or the State Children’s Health Insurance Program estab- 6 lished under title XXI of such Act (42 U.S.C. 1397aa et 7 seq.), or to promulgate or implement a new rule or provi- 8 sion during such period with respect to such programs, 9 other than a rule or provision described in subsection (a) 10 and subject to the prohibition set forth in that subsection. 11 ADDITIONAL SUPPORT FOR MEDICAID HOME AND COMMU- 12 NITY-BASED SERVICES DURING THE COVID–19 EMER- 13 GENCY PERIOD 14 SEC. 30103. 15 (a) INCREASED FMAP.— 16 (1) IN GENERAL.—Notwithstanding section 17 1905(b) of the Social Security Act (42 U.S.C. 18 1396d(b)), in the case of an HCBS program State, 19 the Federal medical assistance percentage deter- 20 mined for the State under section 1905(b) of such 21 Act and, if applicable, increased under subsection 22 (y), (z), or (aa) of section 1905 of such Act (42 23 U.S.C. 1396d), section 1915(k) of such Act (42 24 U.S.C. 1396n(k)), or section 6008(a) of the Fami- 25 lies First Coronavirus Response Act (Public Law 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00290 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 291 •HR 6800 IH 116–127), shall be increased by 10 percentage 1 points with respect to expenditures of the State 2 under the State Medicaid program for home and 3 community-based services that are provided during 4 the HCBS program improvement period. In no case 5 may the application of the previous sentence result 6 in the Federal medical assistance percentage deter- 7 mined for a State being more than 95 percent. 8 (2) DEFINITIONS.—In this section: 9 (A) HCBS PROGRAM IMPROVEMENT PE- 10 RIOD.—The term ‘‘HCBS program improve- 11 ment period’’ means, with respect to a State, 12 the period— 13 (i) beginning on July 1, 2020; and 14 (ii) ending on June 30, 2021. 15 (B) HCBS PROGRAM STATE.—The term 16 ‘‘HCBS program State’’ means a State that 17 meets the condition described in subsection (b) 18 by submitting an application described in such 19 subsection, which is approved by the Secretary 20 pursuant to subsection (c). 21 (C) HOME AND COMMUNITY-BASED SERV- 22 ICES.—The term ‘‘home and community-based 23 services’’ means home health care services au- 24 thorized under paragraph (7) of section 1905(a) 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 292 •HR 6800 IH of the Social Security Act (42 U.S.C. 1 1396d(a)), personal care services authorized 2 under paragraph (24) of such section, PACE 3 services authorized under paragraph (26) of 4 such section, services authorized under sub- 5 sections (b), (c), (i), (j), and (k) of section 1915 6 of such Act (42 U.S.C. 1396n), such services 7 authorized under a waiver under section 1115 8 of such Act (42 U.S.C. 1315), and such other 9 services specified by the Secretary. 10 (b) CONDITION.—The condition described in this sub- 11 section, with respect to a State, is that the State submits 12 an application to the Secretary, at such time and in such 13 manner as specified by the Secretary, that includes, in ad- 14 dition to such other information as the Secretary shall re- 15 quire— 16 (1) a description of which activities described in 17 subsection (d) that a state plans to implement and 18 a description of how it plans to implement such ac- 19 tivities; 20 (2) assurances that the Federal funds attrib- 21 utable to the increase under subsection (a) will be 22 used— 23 (A) to implement the activities described in 24 subsection (d); and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 293 •HR 6800 IH (B) to supplement, and not supplant, the 1 level of State funds expended for home and 2 community-based services for eligible individ- 3 uals through programs in effect as of the date 4 of the enactment of this section; and 5 (3) assurances that the State will conduct ade- 6 quate oversight and ensure the validity of such data 7 as may be required by the Secretary. 8 (c) APPROVAL OF APPLICATION.—Not later than 90 9 days after the date of submission of an application of a 10 State under subsection (b), the Secretary shall certify if 11 the application is complete. Upon certification that an ap- 12 plication of a State is complete, the application shall be 13 deemed to be approved for purposes of this section. 14 (d) ACTIVITIES TO IMPROVE THE DELIVERY OF 15 HCBS.— 16 (1) IN GENERAL.—A State shall work with 17 community partners, such as Area Agencies on 18 Aging, Centers for Independent Living, non-profit 19 home and community-based services providers, and 20 other entities providing home and community-based 21 services, to implement— 22 (A) the purposes described in paragraph 23 (2) during the COVID–19 public health emer- 24 gency period; and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 294 •HR 6800 IH (B) the purposes described in paragraph 1 (3) after the end of such emergency period. 2 (2) FOCUSED AREAS OF HCBS IMPROVE- 3 MENT.—The purposes described in this paragraph, 4 with respect to a State, are the following: 5 (A) To increase rates for home health 6 agencies and agencies that employ direct sup- 7 port professionals (including independent pro- 8 viders in a self-directed or consumer-directed 9 model) to provide home and community-based 10 services under the State Medicaid program, 11 provided that any agency or individual that re- 12 ceives payment under such an increased rate in- 13 creases the compensation it pays its home 14 health workers or direct support professionals. 15 (B) To provide paid sick leave, paid family 16 leave, and paid medical leave for home health 17 workers and direct support professionals. 18 (C) To provide hazard pay, overtime pay, 19 and shift differential pay for home health work- 20 ers and direct support professionals. 21 (D) To provide home and community- 22 based services to eligible individuals who are on 23 waiting lists for programs approved under sec- 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00294 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 295 •HR 6800 IH tions 1115 or 1915 of the Social Security Act 1 (42 U.S.C. 1315, 1396n). 2 (E) To purchase emergency supplies and 3 equipment, which may include items not typi- 4 cally covered under the Medicaid program, such 5 as personal protective equipment, necessary to 6 enhance access to services and to protect the 7 health and well-being of home health workers 8 and direct support professionals. 9 (F) To pay for the travel of home health 10 workers and direct support professionals to con- 11 duct home and community-based services. 12 (G) To recruit new home health workers 13 and direct support professionals. 14 (H) To support family care providers of el- 15 igible individuals with needed supplies and 16 equipment, which may include items not typi- 17 cally covered under the Medicaid program, such 18 as personal protective equipment, and pay. 19 (I) To pay for training for home health 20 workers and direct support professionals that is 21 specific to the COVID–19 public health emer- 22 gency. 23 (J) To pay for assistive technologies, staff- 24 ing, and other costs incurred during the 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00295 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 296 •HR 6800 IH COVID–19 public health emergency period in 1 order to facilitate community integration and 2 ensure an individual’s person-centered service 3 plan continues to be fully implemented. 4 (K) To prepare information and public 5 health and educational materials in accessible 6 formats (including formats accessible to people 7 with low literacy or intellectual disabilities) 8 about prevention, treatment, recovery and other 9 aspects of COVID–19 for eligible individuals, 10 their families, and the general community 11 served by agencies described in subparagraph 12 (A). 13 (L) To pay for American sign language in- 14 terpreters to assist in providing home and com- 15 munity-based services to eligible individuals and 16 to inform the general public about COVID–19. 17 (M) To allow day services providers to pro- 18 vide home and community-based services. 19 (N) To pay for other expenses deemed ap- 20 propriate by the Secretary to enhance, expand, 21 or strengthen Home and Community-Based 22 Services, including retainer payments, and ex- 23 penses which meet the criteria of the home and 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 297 •HR 6800 IH community-based settings rule published on 1 January 16, 2014. 2 (3) PERMISSIBLE USES AFTER THE EMER- 3 GENCY PERIOD.—The purpose described in this 4 paragraph, with respect to a State, is to assist eligi- 5 ble individuals who had to relocate to a nursing fa- 6 cility or institutional setting from their homes dur- 7 ing the COVID–19 public health emergency period 8 in— 9 (A) moving back to their homes (including 10 by paying for moving costs, first month’s rent, 11 and other one-time expenses and start-up 12 costs); 13 (B) resuming home and community-based 14 services; 15 (C) receiving mental health services and 16 necessary rehabilitative service to regain skills 17 lost while relocated during the public health 18 emergency period; and 19 (D) while funds attributable to the in- 20 creased FMAP under this section remain avail- 21 able, continuing home and community-based 22 services for eligible individuals who were served 23 from a waiting list for such services during the 24 public health emergency period. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 298 •HR 6800 IH (e) REPORTING REQUIREMENTS.— 1 (1) STATE REPORTING REQUIREMENTS.—Not 2 later than December 31, 2022, any State with re- 3 spect to which an application is approved by the Sec- 4 retary pursuant to subsection (c) shall submit a re- 5 port to the Secretary that contains the following in- 6 formation: 7 (A) Activities and programs that were 8 funded using Federal funds attributable to such 9 increase. 10 (B) The number of eligible individuals who 11 were served by such activities and programs. 12 (C) The number of eligible individuals who 13 were able to resume home and community- 14 based services as a result of such activities and 15 programs. 16 (2) HHS EVALUATION.— 17 (A) IN GENERAL.—The Secretary shall 18 evaluate the implementation and outcomes of 19 this section in the aggregate using an external 20 evaluator with experience evaluating home and 21 community-based services, disability programs, 22 and older adult programs. 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 299 •HR 6800 IH (B) EVALUATION CRITERIA.—For pur- 1 poses of subparagraph (A), the external eval- 2 uator shall— 3 (i) document and evaluate changes in 4 access, availability, and quality of home 5 and community-based services in each 6 HCBS program State; 7 (ii) document and evaluate aggregate 8 changes in access, availability, and quality 9 of home and community-based services 10 across all such States; and 11 (iii) evaluate the implementation and 12 outcomes of this section based on— 13 (I) the impact of this section on 14 increasing funding for home and com- 15 munity-based services; 16 (II) the impact of this section on 17 achieving targeted access, availability, 18 and quality of home and community- 19 based services; and 20 (III) promising practices identi- 21 fied by activities conducted pursuant 22 to subsection (d) that increase access 23 to, availability of, and quality of home 24 and community-based services. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 300 •HR 6800 IH (C) DISSEMINATION OF EVALUATION FIND- 1 INGS.—The Secretary shall— 2 (i) disseminate the findings from the 3 evaluations conducted under this para- 4 graph to— 5 (I) all State Medicaid directors; 6 and 7 (II) the Committee on Energy 8 and Commerce of the House of Rep- 9 resentatives, the Committee on Fi- 10 nance of the Senate, and the Special 11 Committee on Aging of the Senate; 12 and 13 (ii) make all evaluation findings pub- 14 licly available in an accessible electronic 15 format and any other accessible format de- 16 termined appropriate by the Secretary. 17 (D) OVERSIGHT.—Each State with respect 18 to which an application is approved by the Sec- 19 retary pursuant to subsection (c) shall ensure 20 adequate oversight of the expenditure of Fed- 21 eral funds pursuant to such increase in accord- 22 ance with the Medicaid regulations, including 23 section 1115 and 1915 waiver regulations and 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 301 •HR 6800 IH special terms and conditions for any relevant 1 waiver or grant program. 2 (3) NON-APPLICATION OF THE PAPERWORK RE- 3 DUCTION ACT.—Chapter 35 of title 44, United 4 States Code (commonly referred to as the ‘‘Paper- 5 work Reduction Act of 1995’’), shall not apply to the 6 provisions of this subsection. 7 (f) ADDITIONAL DEFINITIONS.—In this section: 8 (1) COVID–19 PUBLIC HEALTH EMERGENCY 9 PERIOD.—The term ‘‘COVID–19 public health emer- 10 gency period’’ means the portion of the emergency 11 period described in paragraph (1)(B) of section 12 1135(g) of the Social Security Act (42 U.S.C. 13 1320b–5(g)) beginning on or after the date of the 14 enactment of this Act. 15 (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 16 individual’’ means an individual who is eligible for or 17 enrolled for medical assistance under a State Med- 18 icaid program. 19 (3) MEDICAID PROGRAM.—The term ‘‘Medicaid 20 program’’ means, with respect to a State, the State 21 program under title XIX of the Social Security Act 22 (42 U.S.C. 1396 et seq.) (including any waiver or 23 demonstration under such title or under section 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00301 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 302 •HR 6800 IH 1115 of such Act (42 U.S.C. 1315) relating to such 1 title). 2 (4) SECRETARY.—The term ‘‘Secretary’’ means 3 the Secretary of Health and Human Services. 4 (5) STATE.—The term ‘‘State’’ has the mean- 5 ing given such term for purposes of title XIX of the 6 Social Security Act (42 U.S.C. 1396 et seq.). 7 COVERAGE AT NO COST SHARING OF COVID–19 VACCINE 8 AND TREATMENT 9 SEC. 30104. 10 (a) MEDICAID.— 11 (1) IN GENERAL.—Section 1905(a)(4) of the 12 Social Security Act (42 U.S.C. 1396d(a)(4)) is 13 amended— 14 (A) by striking ‘‘and (D)’’ and inserting 15 ‘‘(D)’’; and 16 (B) by striking the semicolon at the end 17 and inserting ‘‘; (E) during the portion of the 18 emergency period described in paragraph (1)(B) 19 of section 1135(g) beginning on the date of the 20 enactment of the HEROES Act, a COVID–19 21 vaccine licensed under section 351 of the Public 22 Health Service Act, or approved or authorized 23 under sections 505 or 564 of the Federal Food, 24 Drug, and Cosmetic Act, and administration of 25 the vaccine; (F) during such portion of the 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 303 •HR 6800 IH emergency period described in paragraph (1)(B) 1 of section 1135(g), items or services for the 2 prevention or treatment of COVID–19, includ- 3 ing drugs approved or authorized under such 4 section 505 or such section 564 or, without re- 5 gard to the requirements of section 6 1902(a)(10)(B) (relating to comparability), in 7 the case of an individual who is diagnosed with 8 or presumed to have COVID–19, during such 9 portion of such emergency period during which 10 such individual is infected (or presumed in- 11 fected) with COVID–19, the treatment of a 12 condition that may complicate the treatment of 13 COVID–19;’’. 14 (2) PROHIBITION OF COST SHARING.— 15 (A) IN GENERAL.—Subsections (a)(2) and 16 (b)(2) of section 1916 of the Social Security 17 Act (42 U.S.C. 1396o) are each amended— 18 (i) in subparagraph (F), by striking 19 ‘‘or’’ at the end; 20 (ii) in subparagraph (G), by striking 21 ‘‘; and’’ and inserting ‘‘, or’’; and 22 (iii) by adding at the end the fol- 23 lowing subparagraphs: 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 304 •HR 6800 IH ‘‘(H) during the portion of the emergency 1 period described in paragraph (1)(B) of section 2 1135(g) beginning on the date of the enactment 3 of this subparagraph, a COVID–19 vaccine li- 4 censed under section 351 of the Public Health 5 Service Act, or approved or authorized under 6 section 505 or 564 of the Federal Food, Drug, 7 and Cosmetic Act, and the administration of 8 such vaccine, or 9 ‘‘(I) during such portion of the emergency 10 period described in paragraph (1)(B) of section 11 1135(g), any item or service furnished for the 12 treatment of COVID–19, including drugs ap- 13 proved or authorized under such section 505 or 14 such section 564 or, in the case of an individual 15 who is diagnosed with or presumed to have 16 COVID–19, during the portion of such emer- 17 gency period during which such individual is in- 18 fected (or presumed infected) with COVID–19, 19 the treatment of a condition that may com- 20 plicate the treatment of COVID–19; and’’. 21 (B) APPLICATION TO ALTERNATIVE COST 22 SHARING.—Section 1916A(b)(3)(B) of the So- 23 cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) 24 is amended— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 305 •HR 6800 IH (i) in clause (xi), by striking ‘‘any 1 visit’’ and inserting ‘‘any service’’; and 2 (ii) by adding at the end the following 3 clauses: 4 ‘‘(xii) During the portion of the emer- 5 gency period described in paragraph (1)(B) 6 of section 1135(g) beginning on the date of 7 the enactment of this clause, a COVID–19 8 vaccine licensed under section 351 of the 9 Public Health Service Act, or approved or 10 authorized under section 505 or 564 of the 11 Federal Food, Drug, and Cosmetic Act, 12 and the administration of such vaccine. 13 ‘‘(xiii) During such portion of the 14 emergency period described in paragraph 15 (1)(B) of section 1135(g), an item or serv- 16 ice furnished for the treatment of COVID– 17 19, including drugs approved or authorized 18 under such section 505 or such section 564 19 or, in the case of an individual who is diag- 20 nosed with or presumed to have COVID– 21 19, during such portion of such emergency 22 period during which such individual is in- 23 fected (or presumed infected) with 24 COVID–19, the treatment of a condition 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 306 •HR 6800 IH that may complicate the treatment of 1 COVID–19.’’. 2 (C) CLARIFICATION.—The amendments 3 made by this subsection shall apply with respect 4 to a State plan of a territory in the same man- 5 ner as a State plan of one of the 50 States. 6 (b) STATE PEDIATRIC VACCINE DISTRIBUTION PRO- 7 GRAM.—Section 1928 of the Social Security Act (42 8 U.S.C. 1396s) is amended— 9 (1) in subsection (a)(1)— 10 (A) in subparagraph (A), by striking ‘‘; 11 and’’ and inserting a semicolon; 12 (B) in subparagraph (B), by striking the 13 period and inserting ‘‘; and’’; and 14 (C) by adding at the end the following sub- 15 paragraph: 16 ‘‘(C) during the portion of the emergency 17 period described in paragraph (1)(B) of section 18 1135(g) beginning on the date of the enactment 19 of this subparagraph, each vaccine-eligible child 20 (as defined in subsection (b)) is entitled to re- 21 ceive a COVID–19 vaccine from a program-reg- 22 istered provider (as defined in subsection 23 (h)(7)) without charge for— 24 ‘‘(i) the cost of such vaccine; or 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00306 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 307 •HR 6800 IH ‘‘(ii) the administration of such vac- 1 cine.’’; 2 (2) in subsection (c)(2)— 3 (A) in subparagraph (C)(ii), by inserting ‘‘, 4 but, during the portion of the emergency period 5 described in paragraph (1)(B) of section 6 1135(g) beginning on the date of the enactment 7 of the HEROES Act, may not impose a fee for 8 the administration of a COVID–19 vaccine’’ be- 9 fore the period; and 10 (B) by adding at the end the following sub- 11 paragraph: 12 ‘‘(D) The provider will provide and admin- 13 ister an approved COVID–19 vaccine to a vac- 14 cine-eligible child in accordance with the same 15 requirements as apply under the preceding sub- 16 paragraphs to the provision and administration 17 of a qualified pediatric vaccine to such a 18 child.’’; and 19 (3) in subsection (d)(1), in the first sentence, 20 by inserting ‘‘, including, during the portion of the 21 emergency period described in paragraph (1)(B) of 22 section 1135(g) beginning on the date of the enact- 23 ment of the HEROES Act, with respect to a 24 COVID–19 vaccine licensed under section 351 of the 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 308 •HR 6800 IH Public Health Service Act, or approved or authorized 1 under section 505 or 564 of the Federal Food, 2 Drug, and Cosmetic Act’’ before the period. 3 (c) CHIP.— 4 (1) IN GENERAL.—Section 2103(c) of the So- 5 cial Security Act (42 U.S.C. 1397cc(c)) is amended 6 by adding at the end the following paragraph: 7 ‘‘(11) COVERAGE OF COVID–19 VACCINES AND 8 TREATMENT.—Regardless of the type of coverage 9 elected by a State under subsection (a), child health 10 assistance provided under such coverage for targeted 11 low-income children and, in the case that the State 12 elects to provide pregnancy-related assistance under 13 such coverage pursuant to section 2112, such preg- 14 nancy-related assistance for targeted low-income 15 pregnant women (as defined in section 2112(d)) 16 shall include coverage, during the portion of the 17 emergency period described in paragraph (1)(B) of 18 section 1135(g) beginning on the date of the enact- 19 ment of this paragraph, of— 20 ‘‘(A) a COVID–19 vaccine licensed under 21 section 351 of the Public Health Service Act, or 22 approved or authorized under section 505 or 23 564 of the Federal Food, Drug, and Cosmetic 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00308 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 309 •HR 6800 IH Act, and the administration of such vaccine; 1 and 2 ‘‘(B) any item or service furnished for the 3 treatment of COVID–19, including drugs ap- 4 proved or authorized under such section 505 or 5 such section 564, or, in the case of an indi- 6 vidual who is diagnosed with or presumed to 7 have COVID–19, during the portion of such 8 emergency period during which such individual 9 is infected (or presumed infected) with COVID– 10 19, the treatment of a condition that may com- 11 plicate the treatment of COVID–19.’’. 12 (2) PROHIBITION OF COST SHARING.—Section 13 2103(e)(2) of the Social Security Act (42 U.S.C. 14 1397cc(e)(2)), as amended by section 6004(b)(3) of 15 the Families First Coronavirus Response Act, is 16 amended— 17 (A) in the paragraph header, by inserting 18 ‘‘A COVID–19 VACCINE, COVID–19 TREATMENT,’’ 19 before ‘‘OR PREGNANCY-RELATED ASSISTANCE’’; 20 and 21 (B) by striking ‘‘visits described in section 22 1916(a)(2)(G), or’’ and inserting ‘‘services de- 23 scribed in section 1916(a)(2)(G), vaccines de- 24 scribed in section 1916(a)(2)(H) administered 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 310 •HR 6800 IH during the portion of the emergency period de- 1 scribed in paragraph (1)(B) of section 1135(g) 2 beginning on the date of the enactment of the 3 HEROES Act, items or services described in 4 section 1916(a)(2)(I) furnished during such 5 emergency period, or’’. 6 (d) CONFORMING AMENDMENTS.—Section 1937 of 7 the Social Security Act (42 U.S.C. 1396u–7) is amend- 8 ed— 9 (1) in subsection (a)(1)(B), by inserting ‘‘, 10 under subclause (XXIII) of section 11 1902(a)(10)(A)(ii),’’ after ‘‘section 12 1902(a)(10)(A)(i)’’; and 13 (2) in subsection (b)(5), by adding before the 14 period the following: ‘‘, and, effective on the date of 15 the enactment of the HEROES Act, must comply 16 with subparagraphs (F) through (I) of subsections 17 (a)(2) and (b)(2) of section 1916 and subsection 18 (b)(3)(B) of section 1916A’’. 19 (e) EFFECTIVE DATE.—The amendments made by 20 this section shall take effect on the date of enactment of 21 this Act and shall apply with respect to a COVID–19 vac- 22 cine beginning on the date that such vaccine is licensed 23 under section 351 of the Public Health Service Act (42 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 311 •HR 6800 IH U.S.C. 262), or approved or authorized under section 505 1 or 564 of the Federal Food, Drug, and Cosmetic Act. 2 OPTIONAL COVERAGE AT NO COST SHARING OF COVID–19 3 TREATMENT AND VACCINES UNDER MEDICAID FOR 4 UNINSURED INDIVIDUALS 5 SEC. 30105. 6 (a) IN GENERAL.—Section 1902(a)(10) of the Social 7 Security Act (42 U.S.C. 1396a(a)(10) is amended, in the 8 matter following subparagraph (G), by striking ‘‘and any 9 visit described in section 1916(a)(2)(G)’’ and inserting the 10 following: ‘‘, any COVID–19 vaccine that is administered 11 during any such portion (and the administration of such 12 vaccine), any item or service that is furnished during any 13 such portion for the treatment of COVID–19, including 14 drugs approved or authorized under section 505 or 564 15 of the Federal Food, Drug, and Cosmetic Act, or, in the 16 case of an individual who is diagnosed with or presumed 17 to have COVID–19, during the period such individual is 18 infected (or presumed infected) with COVID–19, the 19 treatment of a condition that may complicate the treat- 20 ment of COVID–19, and any services described in section 21 1916(a)(2)(G)’’. 22 (b) DEFINITION OF UNINSURED INDIVIDUAL.— 23 (1) IN GENERAL.—Subsection (ss) of section 24 1902 of the Social Security Act (42 U.S.C. 1396a) 25 is amended to read as follows: 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 312 •HR 6800 IH ‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For pur- 1 poses of this section, the term ‘uninsured individual’ 2 means, notwithstanding any other provision of this title, 3 any individual who is not covered by minimum essential 4 coverage (as defined in section 5000A(f)(1) of the Internal 5 Revenue Code of 1986).’’. 6 (2) EFFECTIVE DATE.—The amendment made 7 by paragraph (1) shall take effect and apply as if in- 8 cluded in the enactment of the Families First 9 Coronavirus Response Act (Public Law 116–127). 10 (c) CLARIFICATION REGARDING EMERGENCY SERV- 11 ICES FOR CERTAIN INDIVIDUALS.—Section 1903(v)(2) of 12 the Social Security Act (42 U.S.C. 1396b(v)(2)) is amend- 13 ed by adding at the end the following flush sentence: 14 ‘‘For purposes of subparagraph (A), care and serv- 15 ices described in such subparagraph include any in 16 vitro diagnostic product described in section 17 1905(a)(3)(B) (and the administration of such prod- 18 uct), any COVID–19 vaccine (and the administra- 19 tion of such vaccine), any item or service that is fur- 20 nished for the treatment of COVID–19, including 21 drugs approved or authorized under section 505 or 22 564 of the Federal Food, Drug, and Cosmetic Act, 23 or a condition that may complicate the treatment of 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 313 •HR 6800 IH COVID–19, and any services described in section 1 1916(a)(2)(G).’’. 2 (d) INCLUSION OF COVID–19 CONCERN AS AN 3 EMERGENCY CONDITION.—Section 1903(v)(3) of the So- 4 cial Security Act (42 U.S.C. 1396b(v)(3)) is amended by 5 adding at the end the following flush sentence: 6 ‘‘Such term includes any indication that an alien de- 7 scribed in paragraph (1) may have contracted 8 COVID–19.’’. 9 EXTENSION OF FULL FEDERAL MEDICAL ASSISTANCE 10 PERCENTAGE TO INDIAN HEALTH CARE PROVIDERS 11 SEC. 30106. 12 Section 1905 of the Social Security Act (42 U.S.C. 13 1396d) is amended— 14 (1) in subsection (a), by amending paragraph 15 (9) to read as follows: 16 ‘‘(9) clinic services furnished by or under the 17 direction of a physician, without regard to whether 18 the clinic itself is administered by a physician, in- 19 cluding— 20 ‘‘(A) such services furnished outside the 21 clinic by clinic personnel to an eligible indi- 22 vidual who does not reside in a permanent 23 dwelling or does not have a fixed home or mail- 24 ing address; and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 314 •HR 6800 IH ‘‘(B) for the period beginning on July 1, 1 2020, and ending on June 30, 2021, such serv- 2 ices provided outside the clinic on the basis of 3 a referral from a clinic administered by an In- 4 dian Health Program (as defined in paragraph 5 (12) of section 4 of the Indian Health Care Im- 6 provement Act, or an Urban Indian Organiza- 7 tion as defined in paragraph (29) of section 4 8 of such Act that has a grant or contract with 9 the Indian Health Service under title V of such 10 Act;’’. 11 (2) in subsection (b), by inserting after ‘‘(as de- 12 fined in section 4 of the Indian Health Care Im- 13 provement Act)’’ the following: ‘‘; for the period be- 14 ginning on July 1, 2020, and ending on June 30, 15 2021, the Federal medical assistance percentage 16 shall also be 100 per centum with respect to 17 amounts expended as medical assistance for services 18 which are received through an Urban Indian organi- 19 zation (as defined in section 4 of the Indian Health 20 Care Improvement Act) that has a grant or contract 21 with the Indian Health Service under title V of such 22 Act; and, for such period, the Federal medical as- 23 sistance percentage shall also be 100 per centum 24 with respect to amounts expended as medical assist- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 315 •HR 6800 IH ance for services provided to an individual who is eli- 1 gible to receive services from the Indian Health 2 Service and is eligible for assistance under the State 3 plan, by a participating provider under the State 4 plan whether provided directly or on the basis of a 5 referral from the Indian Health Service, a Indian 6 Health Service facility operated by an Indian tribe 7 or tribal organization, or an Urban Indian organiza- 8 tion (as defined in section 4 of such Act) that has 9 a grant or contract with the Indian Health Service 10 under title V of such Act’’. 11 MEDICAID COVERAGE FOR CITIZENS OF FREELY 12 ASSOCIATED STATES 13 SEC. 30107. 14 (a) IN GENERAL.—Section 402(b)(2) of the Personal 15 Responsibility and Work Opportunity Reconciliation Act 16 of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding at 17 the end the following new subparagraph: 18 ‘‘(G) MEDICAID EXCEPTION FOR CITIZENS 19 OF FREELY ASSOCIATED STATES.—With respect 20 to eligibility for benefits for the designated Fed- 21 eral program defined in paragraph (3)(C) (re- 22 lating to the Medicaid program), section 401(a) 23 and paragraph (1) shall not apply to any indi- 24 vidual who lawfully resides in 1 of the 50 States 25 or the District of Columbia in accordance with 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 316 •HR 6800 IH the Compacts of Free Association between the 1 Government of the United States and the Gov- 2 ernments of the Federated States of Micro- 3 nesia, the Republic of the Marshall Islands, and 4 the Republic of Palau and shall not apply, at 5 the option of the Governor of Puerto Rico, the 6 Virgin Islands, Guam, the Northern Mariana 7 Islands, or American Samoa as communicated 8 to the Secretary of Health and Human Services 9 in writing, to any individual who lawfully re- 10 sides in the respective territory in accordance 11 with such Compacts.’’. 12 (b) EXCEPTION TO 5–YEAR LIMITED ELIGIBILITY.— 13 Section 403(d) of such Act (8 U.S.C. 1613(d)) is amend- 14 ed— 15 (1) in paragraph (1), by striking ‘‘or’’ at the 16 end; 17 (2) in paragraph (2), by striking the period at 18 the end and inserting ‘‘; or’’; and 19 (3) by adding at the end the following new 20 paragraph: 21 ‘‘(3) an individual described in section 22 402(b)(2)(G), but only with respect to the des- 23 ignated Federal program defined in section 24 402(b)(3)(C).’’. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 317 •HR 6800 IH (c) DEFINITION OF QUALIFIED ALIEN.—Section 1 431(b) of such Act (8 U.S.C. 1641(b)) is amended— 2 (1) in paragraph (6), by striking ‘‘; or’’ at the 3 end and inserting a comma; 4 (2) in paragraph (7), by striking the period at 5 the end and inserting ‘‘, or’’; and 6 (3) by adding at the end the following new 7 paragraph: 8 ‘‘(8) an individual who lawfully resides in the 9 United States in accordance with a Compact of Free 10 Association referred to in section 402(b)(2)(G), but 11 only with respect to the designated Federal program 12 defined in section 402(b)(3)(C) (relating to the Med- 13 icaid program).’’. 14 (d) APPLICATION TO STATE PLANS.—Section 15 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 16 1396a(a)(10)(A)(i)) is amended by inserting after sub- 17 clause (IX) the following: 18 ‘‘(X) who are described in section 19 402(b)(2)(G) of the Personal Respon- 20 sibility and Work Opportunity Rec- 21 onciliation Act of 1996 and eligible 22 for benefits under this title by reason 23 of application of such section;’’. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 318 •HR 6800 IH (e) CONFORMING AMENDMENTS.—Section 1108 of 1 the Social Security Act (42 U.S.C. 1308) is amended— 2 (1) in subsection (f), in the matter preceding 3 paragraph (1), by striking ‘‘subsections (g) and (h) 4 and section 1935(e)(1)(B)’’ and inserting ‘‘sub- 5 sections (g), (h), and (i) and section 1935(e)(1)(B)’’; 6 and 7 (2) by adding at the end the following: 8 ‘‘(i) EXCLUSION OF MEDICAL ASSISTANCE EXPENDI- 9 TURES FOR CITIZENS OF FREELY ASSOCIATED STATES.— 10 Expenditures for medical assistance provided to an indi- 11 vidual described in section 431(b)(8) of the Personal Re- 12 sponsibility and Work Opportunity Reconciliation Act of 13 1996 (8 U.S.C. 1641(b)(8)) shall not be taken into ac- 14 count for purposes of applying payment limits under sub- 15 sections (f) and (g).’’. 16 (f) EFFECTIVE DATE.—The amendments made by 17 this section shall apply to benefits for items and services 18 furnished on or after the date of the enactment of this 19 Act. 20 TEMPORARY INCREASE IN MEDICAID DSH ALLOTMENTS 21 SEC. 30108. 22 (a) IN GENERAL.—Section 1923(f)(3) of the Social 23 Security Act (42 U.S.C. 1396r–4(f)(3)) is amended— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 319 •HR 6800 IH (1) in subparagraph (A), by striking ‘‘and sub- 1 paragraph (E)’’ and inserting ‘‘and subparagraphs 2 (E) and (F)’’; and 3 (2) by adding at the end the following new sub- 4 paragraph: 5 ‘‘(F) TEMPORARY INCREASE IN ALLOT- 6 MENTS DURING CERTAIN PUBLIC HEALTH 7 EMERGENCY.—The DSH allotment for any 8 State for each of fiscal years 2020 and 2021 is 9 equal to 102.5 percent of the DSH allotment 10 that would be determined under this paragraph 11 for the State for each respective fiscal year 12 without application of this subparagraph, not- 13 withstanding subparagraphs (B) and (C). For 14 each fiscal year after fiscal year 2021, the DSH 15 allotment for a State for such fiscal year is 16 equal to the DSH allotment that would have 17 been determined under this paragraph for such 18 fiscal year if this subparagraph had not been 19 enacted. 20 ’’. 21 (b) DSH ALLOTMENT ADJUSTMENT FOR TEN- 22 NESSEE.—Section 1923(f)(6)(A)(vi) of the Social Security 23 Act (42 U.S.C. 1396r–4(f)(6)(A)(vi)) is amended— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 320 •HR 6800 IH (1) by striking ‘‘Notwithstanding any other pro- 1 vision of this subsection’’ and inserting the fol- 2 lowing: 3 ‘‘(I) IN GENERAL.—Notwith- 4 standing any other provision of this 5 subsection (except as provided in sub- 6 clause (II) of this clause)’’; and 7 (2) by adding at the end the following: 8 ‘‘(II) TEMPORARY INCREASE IN 9 ALLOTMENTS.—The DSH allotment 10 for Tennessee for each of fiscal years 11 2020 and 2021 shall be equal to 12 $54,427,500.’’. 13 (c) SENSE OF CONGRESS.—It is the sense of Con- 14 gress that a State should prioritize making payments 15 under the State plan of the State under title XIX of the 16 Social Security Act (42 U.S.C. 1396 et seq.) (or a waiver 17 of such plan) to disproportionate share hospitals that have 18 a higher share of COVID–19 patients relative to other 19 such hospitals in the State. 20 EXTENSION OF EXISTING SECTION 1115 21 DEMONSTRATIONS 22 SEC. 30109. 23 (a) APPLICABILITY.—This section shall apply with 24 respect to demonstrations operated by States pursuant to 25 section 1115(a) of the Social Security Act (42 U.S.C. 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 321 •HR 6800 IH 1315(a)) to promote the objectives of title XIX or XXI 1 of the Social Security Act with a project term set to end 2 on or before February 28, 2021. 3 (b) APPROVAL OF EXTENSION.—Upon request by a 4 State, the Secretary of Health and Human Services shall 5 approve an extension of the waiver and expenditure au- 6 thorities for a demonstration project described in sub- 7 section (a) for a period up to and including December 31, 8 2021, to ensure continuity of programs and funding dur- 9 ing the emergency period described in section 10 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 11 1320b–5(g)(1)(B)). 12 (c) EXTENSION TERMS AND CONDITIONS.—(1) The 13 approval pursuant to this section shall extend the terms 14 and conditions that applied to the demonstration project 15 to the extension period. Financial terms and conditions 16 shall continue at levels equivalent to the prior demonstra- 17 tion or program year. All demonstration program compo- 18 nents shall be extended to operate through the end of the 19 extension term. In its request for an extension, the State 20 shall identify operational and programmatic changes nec- 21 essary to continue and stabilize programs into the exten- 22 sion period and shall work with the Secretary of Health 23 and Human Services to implement such changes. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 322 •HR 6800 IH (2) Notwithstanding the foregoing, the State may re- 1 quest, and the Secretary of Health and Human Services 2 may approve, modifications to a demonstration project’s 3 terms and conditions to address the impact of the federally 4 designated public health emergency with respect to 5 COVID–19. Such modifications may, at the option of the 6 State, become effective retroactive to the start of the cal- 7 endar quarter in which the first day of the emergency pe- 8 riod described in paragraph (1)(B) of section 1135(g) of 9 the Social Security Act (42 U.S.C. 1320b–5(g)) occurs. 10 (d) BUDGET NEUTRALITY.—Budget neutrality for 11 extensions under this section shall be deemed to have been 12 met at the conclusion of the extension period, and States 13 receiving extensions under this section shall not be re- 14 quired to submit a budget neutrality analysis for the ex- 15 tension period. 16 (e) EXPEDITED APPLICATION PROCESS.—The Fed- 17 eral and State public notice and comment procedures or 18 other time constraints otherwise applicable to demonstra- 19 tion project amendments shall be waived to expedite a 20 State’s extension request pursuant to this section. The 21 Secretary of Health and Human Services shall approve the 22 extension application within 45 days of a State’s submis- 23 sion of its request, or such other timeframe as is mutually 24 agreed to with the State. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 323 •HR 6800 IH (f) CONTINUATION OF SECRETARIAL AUTHORITY 1 UNDER DECLARED EMERGENCY.—This section does not 2 restrict the Secretary of Health and Human Services from 3 exercising existing flexibilities through demonstration 4 projects operated pursuant to section 1115 of the Social 5 Security Act (42 U.S.C. 1315) in conjunction with the 6 COVID–19 public health emergency. 7 (g) RULE OF CONSTRUCTION.—Nothing in this sec- 8 tion shall authorize the Secretary of Health and Human 9 Service to approve or extend a waiver that fails to meet 10 the requirements of section 1115 of the Social Security 11 Act (42 U.S.C. 1315). 12 ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID 13 FOR INMATES DURING 30-DAY PERIOD PRECEDING 14 RELEASE 15 SEC. 30110. 16 (a) IN GENERAL.—The subdivision (A) following 17 paragraph (30) of section 1905(a) of the Social Security 18 Act (42 U.S.C. 1396d(a)) is amended by inserting ‘‘and 19 except during the 30-day period preceding the date of re- 20 lease of such individual from such public institution’’ after 21 ‘‘medical institution’’. 22 (b) REPORT.—Not later than June 30, 2022, the 23 Medicaid and CHIP Payment and Access Commission 24 shall submit a report to Congress on the Medicaid inmate 25 exclusion under the subdivision (A) following paragraph 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 324 •HR 6800 IH (30) of section 1905(a) of the Social Security Act (42 1 U.S.C. 1396d(a)). Such report may, to the extent prac- 2 ticable, include the following information: 3 (1) The number of incarcerated individuals who 4 would otherwise be eligible to enroll for medical as- 5 sistance under a State plan approved under title 6 XIX of the Social Security Act (42 U.S.C. 1396 et 7 seq.) (or a waiver of such a plan). 8 (2) Access to health care for incarcerated indi- 9 viduals, including a description of medical services 10 generally available to incarcerated individuals. 11 (3) A description of current practices related to 12 the discharge of incarcerated individuals, including 13 how prisons interact with State Medicaid agencies to 14 ensure that such individuals who are eligible to en- 15 roll for medical assistance under a State plan or 16 waiver described in paragraph (1) are so enrolled. 17 (4) If determined appropriate by the Commis- 18 sion, recommendations for Congress, the Depart- 19 ment of Health and Human Services, or States re- 20 garding the Medicaid inmate exclusion. 21 (5) Any other information that the Commission 22 determines would be useful to Congress. 23 MEDICAID COVERAGE OF CERTAIN MEDICAL 24 TRANSPORTATION 25 SEC. 30111. 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00324 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 325 •HR 6800 IH (a) CONTINUING REQUIREMENT OF MEDICAID COV- 1 ERAGE OF NECESSARY TRANSPORTATION.— 2 (1) REQUIREMENT.—Section 1902(a)(4) of the 3 Social Security Act (42 U.S.C. 1396a(a)(4)) is 4 amended— 5 (A) by striking ‘‘and including provision 6 for utilization’’ and inserting ‘‘including provi- 7 sion for utilization’’; and 8 (B) by inserting after ‘‘supervision of ad- 9 ministration of the plan’’ the following: ‘‘, and, 10 subject to section 1903(i), including a specifica- 11 tion that the single State agency described in 12 paragraph (5) will ensure necessary transpor- 13 tation for beneficiaries under the State plan to 14 and from providers and a description of the 15 methods that such agency will use to ensure 16 such transportation’’. 17 (2) APPLICATION WITH RESPECT TO BENCH- 18 MARK BENEFIT PACKAGES AND BENCHMARK EQUIV- 19 ALENT COVERAGE.—Section 1937(a)(1) of the Social 20 Security Act (42 U.S.C. 1396u–7(a)(1)) is amend- 21 ed— 22 (A) in subparagraph (A), by striking ‘‘sub- 23 section (E)’’ and inserting ‘‘subparagraphs (E) 24 and (F)’’; and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 326 •HR 6800 IH (B) by adding at the end the following new 1 subparagraph: 2 ‘‘(F) NECESSARY TRANSPORTATION.—The 3 State may only exercise the option under sub- 4 paragraph (A)(i) if, subject to section 5 1903(i)(9) and in accordance with section 6 1902(a)(4), the benchmark benefit package or 7 benchmark equivalent coverage described in 8 such subparagraph (or the State)— 9 ‘‘(i) ensures necessary transportation 10 for individuals enrolled under such package 11 or coverage to and from providers; and 12 ‘‘(ii) provides a description of the 13 methods that will be used to ensure such 14 transportation. 15 ’’. 16 (3) LIMITATION ON FEDERAL FINANCIAL PAR- 17 TICIPATION.—Section 1903(i) of the Social Security 18 Act (42 U.S.C. 1396b(i)) is amended by inserting 19 after paragraph (8) the following new paragraph: 20 ‘‘(9) with respect to any amount expended 21 for non-emergency transportation described in 22 section 1902(a)(4), unless the State plan pro- 23 vides for the methods and procedures required 24 under section 1902(a)(30)(A); or’’. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 327 •HR 6800 IH (4) EFFECTIVE DATE.—The amendments made 1 by this subsection shall take effect on the date of the 2 enactment of this Act and shall apply to transpor- 3 tation furnished on or after such date. 4 (b) MEDICAID PROGRAM INTEGRITY MEASURES RE- 5 LATED TO COVERAGE OF NONEMERGENCY MEDICAL 6 TRANSPORTATION.— 7 (1) GAO STUDY.—Not later than two years 8 after the date of the enactment of this Act, the 9 Comptroller General of the United States shall con- 10 duct a study, and submit to Congress, a report on 11 coverage under the Medicaid program under title 12 XIX of the Social Security Act of nonemergency 13 transportation to medically necessary services. Such 14 study shall take into account the 2009 report of the 15 Office of the Inspector General of the Department of 16 Health and Human Services, titled ‘‘Fraud and 17 Abuse Safeguards for Medicaid Nonemergency Med- 18 ical Transportation’’ (OEI–06–07–003200). Such 19 report shall include the following: 20 (A) An examination of the 50 States and 21 the District of Columbia to identify safeguards 22 to prevent and detect fraud and abuse with re- 23 spect to coverage under the Medicaid program 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 328 •HR 6800 IH of nonemergency transportation to medically 1 necessary services. 2 (B) An examination of transportation bro- 3 kers to identify the range of safeguards against 4 such fraud and abuse to prevent improper pay- 5 ments for such transportation. 6 (C) Identification of the numbers, types, 7 and outcomes of instances of fraud and abuse, 8 with respect to coverage under the Medicaid 9 program of such transportation, that State 10 Medicaid Fraud Control Units have investigated 11 in recent years. 12 (D) Identification of commonalities or 13 trends in program integrity, with respect to 14 such coverage, to inform risk management 15 strategies of States and the Centers for Medi- 16 care & Medicaid Services. 17 (2) STAKEHOLDER WORKING GROUP.— 18 (A) IN GENERAL.—Not later than one year 19 after the date of the enactment of this Act, the 20 Secretary of Health and Human Services, 21 through the Centers of Medicare & Medicaid 22 Services, shall convene a series of meetings to 23 obtain input from appropriate stakeholders to 24 facilitate discussion and shared learning about 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 329 •HR 6800 IH the leading practices for improving Medicaid 1 program integrity, with respect to coverage of 2 nonemergency transportation to medically nec- 3 essary services. 4 (B) TOPICS.—The meetings convened 5 under subparagraph (A) shall— 6 (i) focus on ongoing challenges to 7 Medicaid program integrity as well as lead- 8 ing practices to address such challenges; 9 and 10 (ii) address specific challenges raised 11 by stakeholders involved in coverage under 12 the Medicaid program of nonemergency 13 transportation to medically necessary serv- 14 ices, including unique considerations for 15 specific groups of Medicaid beneficiaries 16 meriting particular attention, such as 17 American Indians and tribal land issues or 18 accommodations for individuals with dis- 19 abilities. 20 (C) STAKEHOLDERS.—Stakeholders de- 21 scribed in subparagraph (A) shall include indi- 22 viduals from State Medicaid programs, brokers 23 for nonemergency transportation to medically 24 necessary services that meet the criteria de- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 330 •HR 6800 IH scribed in section 1902(a)(70)(B) of the Social 1 Security Act (42 U.S.C. 1396a(a)(70)(B)), pro- 2 viders (including transportation network compa- 3 nies), Medicaid patient advocates, and such 4 other individuals specified by the Secretary. 5 (3) GUIDANCE REVIEW.—Not later than 18 6 months after the date of the enactment of this Act, 7 the Secretary of Health and Human Services, 8 through the Centers for Medicare & Medicaid Serv- 9 ices, shall assess guidance issued to States by the 10 Centers for Medicare & Medicaid Services relating to 11 Federal requirements for nonemergency transpor- 12 tation to medically necessary services under the 13 Medicaid program under title XIX of the Social Se- 14 curity Act and update such guidance as necessary to 15 ensure States have appropriate and current guidance 16 in designing and administering coverage under the 17 Medicaid program of nonemergency transportation 18 to medically necessary services. 19 (4) NEMT TRANSPORTATION PROVIDER AND 20 DRIVER REQUIREMENTS.— 21 (A) STATE PLAN REQUIREMENT.—Section 22 1902(a) of the Social Security Act (42 U.S.C. 23 1396a(a)) is amended— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 331 •HR 6800 IH (i) by striking ‘‘and’’ at the end of 1 paragraph (85); 2 (ii) by striking the period at the end 3 of paragraph (86) and inserting ‘‘; and’’; 4 and 5 (iii) by inserting after paragraph (86) 6 the following new paragraph: 7 ‘‘(87) provide for a mechanism, which may in- 8 clude attestation, that ensures that, with respect to 9 any provider (including a transportation network 10 company) or individual driver of nonemergency 11 transportation to medically necessary services receiv- 12 ing payments under such plan (but excluding any 13 public transit authority), at a minimum— 14 ‘‘(A) each such provider and individual 15 driver is not excluded from participation in any 16 Federal health care program (as defined in sec- 17 tion 1128B(f)) and is not listed on the exclu- 18 sion list of the Inspector General of the Depart- 19 ment of Health and Human Services; 20 ‘‘(B) each such individual driver has a 21 valid driver’s license; 22 ‘‘(C) each such provider has in place a 23 process to address any violation of a State drug 24 law; and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 332 •HR 6800 IH ‘‘(D) each such provider has in place a 1 process to disclose to the State Medicaid pro- 2 gram the driving history, including any traffic 3 violations, of each such individual driver em- 4 ployed by such provider, including any traffic 5 violations.’’. 6 (B) EFFECTIVE DATE.— 7 (i) IN GENERAL.—Except as provided 8 in clause (ii), the amendments made by 9 subparagraph (A) shall take effect on the 10 date of the enactment of this Act and shall 11 apply to services furnished on or after the 12 date that is one year after the date of the 13 enactment of this Act. 14 (ii) EXCEPTION IF STATE LEGISLA- 15 TION REQUIRED.—In the case of a State 16 plan for medical assistance under title XIX 17 of the Social Security Act which the Sec- 18 retary of Health and Human Services de- 19 termines requires State legislation (other 20 than legislation appropriating funds) in 21 order for the plan to meet the additional 22 requirement imposed by the amendments 23 made by subparagraph (A), the State plan 24 shall not be regarded as failing to comply 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00332 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 333 •HR 6800 IH with the requirements of such title solely 1 on the basis of its failure to meet this ad- 2 ditional requirement before the first day of 3 the first calendar quarter beginning after 4 the close of the first regular session of the 5 State legislature that begins after the date 6 of the enactment of this Act. For purposes 7 of the previous sentence, in the case of a 8 State that has a 2-year legislative session, 9 each year of such session shall be deemed 10 to be a separate regular session of the 11 State legislature. 12 (5) ANALYSIS OF T–MSIS DATA.—Not later 13 than one year after the date of the enactment of this 14 Act, the Secretary of Health and Human Services, 15 through the Centers for Medicare & Medicaid Serv- 16 ices, shall analyze, and submit to Congress a report 17 on, the nation-wide data set under the Transformed 18 Medicaid Statistical Information System to identify 19 recommendations relating to coverage under the 20 Medicaid program under title XIX of the Social Se- 21 curity Act of nonemergency transportation to medi- 22 cally necessary services. 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00333 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 334 •HR 6800 IH TITLE II—MEDICARE PROVISIONS 1 HOLDING MEDICARE BENEFICIARIES HARMLESS FOR 2 SPECIFIED COVID–19 TREATMENT SERVICES FUR- 3 NISHED UNDER PART A OR PART B OF THE MEDI- 4 CARE PROGRAM 5 SEC. 30201. 6 (a) IN GENERAL.—Notwithstanding any other provi- 7 sion of law, in the case of a specified COVID–19 treat- 8 ment service (as defined in subsection (b)) furnished dur- 9 ing any portion of the emergency period described in para- 10 graph (1)(B) of section 1135(g) of the Social Security Act 11 (42 U.S.C. 1320b-5(g)) beginning on or after the date of 12 the enactment of this Act to an individual entitled to bene- 13 fits under part A or enrolled under part B of title XVIII 14 of the Social Security Act (42 U.S.C. 1395 et seq.) for 15 which payment is made under such part A or such part 16 B, the Secretary of Health and Human Services (in this 17 section referred to as the ‘‘Secretary’’) shall provide 18 that— 19 (1) any cost-sharing required (including any de- 20 ductible, copayment, or coinsurance) applicable to 21 such individual under such part A or such part B 22 with respect to such item or service is paid by the 23 Secretary; and 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 335 •HR 6800 IH (2) the provider of services or supplier (as de- 1 fined in section 1861 of the Social Security Act (42 2 U.S.C. 1395x)) does not hold such individual liable 3 for such requirement. 4 (b) DEFINITION OF SPECIFIED COVID–19 TREAT- 5 MENT SERVICES.—For purposes of this section, the term 6 ‘‘specified COVID–19 treatment service’’ means any item 7 or service furnished to an individual for which payment 8 may be made under part A or part B of title XVIII of 9 the Social Security Act (42 U.S.C. 1395 et seq.) if such 10 item or service is included in a claim with an ICD–10– 11 CM code relating to COVID–19 (as described in the docu- 12 ment entitled ‘‘ICD–10–CM Official Coding Guidelines - 13 Supplement Coding encounters related to COVID–19 14 Coronavirus Outbreak’’ published on February 20, 2020, 15 or as otherwise specified by the Secretary). 16 (c) RECOVERY OF COST-SHARING AMOUNTS PAID BY 17 THE SECRETARY IN THE CASE OF SUPPLEMENTAL IN- 18 SURANCE COVERAGE.— 19 (1) IN GENERAL.—In the case of any amount 20 paid by the Secretary pursuant to subsection (a)(1) 21 that the Secretary determines would otherwise have 22 been paid by a group health plan or health insurance 23 issuer (as such terms are defined in section 2791 of 24 the Public Health Service Act (42 U.S.C. 300gg– 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 336 •HR 6800 IH 91)), a private entity offering a medicare supple- 1 mental policy under section 1882 of the Social Secu- 2 rity Act (42 U.S.C. 1395ss), any other health plan 3 offering supplemental coverage, a State plan under 4 title XIX of the Social Security Act, or the Secretary 5 of Defense under the TRICARE program, such 6 plan, issuer, private entity, other health plan, State 7 plan, or Secretary of Defense, as applicable, shall 8 pay to the Secretary, not later than 1 year after 9 such plan, issuer, private entity, other health plan, 10 State plan, or Secretary of Defense receives a notice 11 under paragraph (3), such amount in accordance 12 with this subsection. 13 (2) REQUIRED INFORMATION.—Not later than 14 9 months after the date of the enactment of this 15 Act, each group health plan, health insurance issuer, 16 private entity, other health plan, State plan, and 17 Secretary of Defense described in paragraph (1) 18 shall submit to the Secretary such information as 19 the Secretary determines necessary for purposes of 20 carrying out this subsection. Such information so 21 submitted shall be updated by such plan, issuer, pri- 22 vate entity, other health plan, State plan, or Sec- 23 retary of Defense, as applicable, at such time and in 24 such manner as specified by the Secretary. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 337 •HR 6800 IH (3) REVIEW OF CLAIMS AND NOTIFICATION.— 1 The Secretary shall establish a process under which 2 claims for items and services for which the Secretary 3 has paid an amount pursuant to subsection (a)(1) 4 are reviewed for purposes of identifying if such 5 amount would otherwise have been paid by a plan, 6 issuer, private entity, other health plan, State plan, 7 or Secretary of Defense described in paragraph (1). 8 In the case such a claim is so identified, the Sec- 9 retary shall determine the amount that would have 10 been otherwise payable by such plan, issuer, private 11 entity, other health plan, State plan, or Secretary of 12 Defense and notify such plan, issuer, private entity, 13 other health plan, State plan, or Secretary of De- 14 fense of such amount. 15 (4) ENFORCEMENT.—The Secretary may im- 16 pose a civil monetary penalty in an amount deter- 17 mined appropriate by the Secretary in the case of a 18 plan, issuer, private entity, other health plan, or 19 State plan that fails to comply with a provision of 20 this section. The provisions of section 1128A of the 21 Social Security Act shall apply to a civil monetary 22 penalty imposed under the previous sentence in the 23 same manner as such provisions apply to a penalty 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 338 •HR 6800 IH or proceeding under subsection (a) or (b) of such 1 section. 2 (d) FUNDING.—The Secretary shall provide for the 3 transfer to the Centers for Medicare & Medicaid Program 4 Management Account from the Federal Hospital Insur- 5 ance Trust Fund and the Federal Supplementary Trust 6 Fund (in such portions as the Secretary determines appro- 7 priate) $100,000,000 for purposes of carrying out this 8 section. 9 (e) REPORT.—Not later than 3 years after the date 10 of the enactment of this Act, the Inspector General of the 11 Department of Health and Human Services shall submit 12 to Congress a report containing an analysis of amounts 13 paid pursuant to subsection (a)(1) compared to amounts 14 paid to the Secretary pursuant to subsection (c). 15 (f) IMPLEMENTATION.—Notwithstanding any other 16 provision of law, the Secretary may implement the provi- 17 sions of this section by program instruction or otherwise. 18 ENSURING COMMUNICATIONS ACCESSIBILITY FOR RESI- 19 DENTS OF SKILLED NURSING FACILITIES DURING 20 THE COVID–19 EMERGENCY PERIOD 21 SEC. 30202. 22 (a) IN GENERAL.—Section 1819(c)(3) of the Social 23 Security Act (42 U.S.C. 1395i–3(c)(3)) is amended— 24 (1) in subparagraph (D), by striking ‘‘and’’ at 25 the end; 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 339 •HR 6800 IH (2) in subparagraph (E), by striking the period 1 and inserting ‘‘; and’’; and 2 (3) by adding at the end the following new sub- 3 paragraph: 4 ‘‘(F) provide for reasonable access to the 5 use of a telephone, including TTY and TDD 6 services (as defined for purposes of section 7 483.10 of title 42, Code of Federal Regulations 8 (or a successor regulation)), and the internet 9 (to the extent available to the facility) and in- 10 form each such resident (or a representative of 11 such resident) of such access and any changes 12 in policies or procedures of such facility relating 13 to limitations on external visitors.’’. 14 (b) COVID–19 PROVISIONS.— 15 (1) GUIDANCE.—Not later than 15 days after 16 the date of the enactment of this Act, the Secretary 17 of Health and Human Service shall issue guidance 18 on steps skilled nursing facilities may take to ensure 19 residents have access to televisitation during the 20 emergency period defined in section 1135(g)(1)(B) 21 of the Social Security Act (42 U.S.C. 1320b– 22 5(g)(1)(B)). Such guidance shall include information 23 on how such facilities will notify residents of such 24 facilities, representatives of such residents, and rel- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 340 •HR 6800 IH atives of such residents of the rights of such resi- 1 dents to such televisitation, and ensure timely and 2 equitable access to such televisitation. 3 (2) REVIEW OF FACILITIES.—The Secretary of 4 Health and Human Services shall take such steps as 5 determined appropriate by the Secretary to ensure 6 that residents of skilled nursing facilities and rel- 7 atives of such residents are made aware of the ac- 8 cess rights described in section 1819(c)(3)(F) of the 9 Social Security Act (42 U.S.C. 1395i–3(c)(3)(F)). 10 MEDICARE HOSPITAL INPATIENT PROSPECTIVE PAYMENT 11 SYSTEM OUTLIER PAYMENTS FOR COVID–19 PA- 12 TIENTS DURING CERTAIN EMERGENCY PERIOD 13 SEC. 30203. 14 (a) IN GENERAL.—Section 1886(d)(5)(A) of the So- 15 cial Security Act (42 U.S.C. 1395ww(d)(5)(A)) is amend- 16 ed— 17 (1) in clause (ii), by striking ‘‘For cases’’ and 18 inserting ‘‘Subject to clause (vii), for cases’’; 19 (2) in clause (iii), by striking ‘‘The amount’’ 20 and inserting ‘‘Subject to clause (vii), the amount’’; 21 (3) in clause (iv), by striking ‘‘The total 22 amount’’ and inserting ‘‘Subject to clause (vii), the 23 total amount’’; and 24 (4) by adding at the end the following new 25 clause: 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00340 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 341 •HR 6800 IH ‘‘(vii) For discharges that have a primary or sec- 1 ondary diagnosis of COVID–19 and that occur during the 2 period beginning on the date of the enactment of this 3 clause and ending on the sooner of January 31, 2021, or 4 the last day of the emergency period described in section 5 1135(g)(1)(B), the amount of any additional payment 6 under clause (ii) for a subsection (d) hospital for such a 7 discharge shall be determined as if— 8 ‘‘(I) clause (ii) was amended by striking ‘plus 9 a fixed dollar amount determined by the Secretary’; 10 ‘‘(II) the reference in clause (iii) to ‘approxi- 11 mate the marginal cost of care beyond the cutoff 12 point applicable under clause (i) or (ii)’ were a ref- 13 erence to ‘approximate the marginal cost of care be- 14 yond the cutoff point applicable under clause (i), or, 15 in the case of an additional payment requested 16 under clause (ii), be equal to 100 percent of the 17 amount by which the costs of the discharge for 18 which such additional payment is so requested ex- 19 ceed the applicable DRG prospective payment rate’; 20 and 21 ‘‘(III) clause (iv) does not apply.’’. 22 (b) EXCLUSION FROM REDUCTION IN AVERAGE 23 STANDARDIZED AMOUNTS PAYABLE TO HOSPITALS LO- 24 CATED IN CERTAIN AREAS.—Section 1886(d)(3)(B) of 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 342 •HR 6800 IH the Social Security Act (42 U.S.C. 1395ww(d)(3)(B)) is 1 amended by inserting before the period the following: ‘‘, 2 other than additional payments described in clause (vii) 3 of such paragraph’’. 4 (c) APPLICATION TO SITE NEUTRAL IPPS PAYMENT 5 RATES.—Section 1886(m)(6)(B) of the Social Security 6 Act (42 U.S.C. 1395ww(m)(6)(B)) is amended— 7 (1) in clause (i)— 8 (A) in the matter preceding subclause (I), 9 by striking ‘‘In this paragraph’’ and inserting 10 ‘‘Subject to clause (ii), in this paragraph’’; 11 (B) in subclause (I), by striking ‘‘clause 12 (iii)’’ and inserting ‘‘clause (iv)’’; and 13 (C) in subclause (II), by striking ‘‘clause 14 (ii)’’ and inserting ‘‘clause (iii)’’; 15 (2) in clause (ii), in the matter preceding sub- 16 clause (I), by striking ‘‘clause (iv)’’ and inserting 17 ‘‘clause (v)’’; 18 (3) in clause (iii)(I), by striking ‘‘clause (ii)’’ 19 and inserting ‘‘clause (iii)’’; 20 (4) in clause (iv), by striking ‘‘clause (ii)(I)’’ 21 and inserting ‘‘clause (iii)(I)’’; 22 (5) by redesignating clauses (ii) through (iv) as 23 clauses (iii) through (v), respectively; and 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00342 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 343 •HR 6800 IH (6) by inserting after clause (i) the following 1 new clause: 2 ‘‘(ii) EXCEPTION.—Notwithstanding 3 clause (i), the term ‘applicable site neutral 4 payment rate’ means— 5 ‘‘(I) for discharges that have a 6 primary or secondary diagnosis of 7 COVID–19 and that occur during any 8 portion of the emergency period de- 9 scribed in section 1135(g)(1)(B) oc- 10 curring during a cost reporting period 11 described in clause (i)(I), the greater 12 of the blended payment rate specified 13 in clause (iv) or the percent described 14 in clause (iii)(II); and 15 ‘‘(II) for discharges that have a 16 primary or secondary diagnosis of 17 COVID–19 and that occur during any 18 portion of the emergency period de- 19 scribed in section 1135(g)(1)(B) oc- 20 curring during a cost reporting period 21 described in clause (i)(II), the percent 22 described in clause (iii)(II).’’. 23 (d) IMPLEMENTATION.—Notwithstanding any other 24 provision of law, the Secretary of Health and Human 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00343 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 344 •HR 6800 IH Services may implement the amendments made by this 1 section by program instruction or otherwise. 2 COVERAGE OF TREATMENTS FOR COVID–19 AT NO COST 3 SHARING UNDER THE MEDICARE ADVANTAGE PROGRAM 4 SEC. 30204. 5 (a) IN GENERAL.—Section 1852(a)(1)(B) of the So- 6 cial Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is 7 amended by adding at the end the following new clause: 8 ‘‘(vii) SPECIAL COVERAGE RULES FOR 9 SPECIFIED COVID–19 TREATMENT SERV- 10 ICES.—Notwithstanding clause (i), in the 11 case of a specified COVID–19 treatment 12 service (as defined in section 30201(b) of 13 the HEROES Act) that is furnished dur- 14 ing a plan year occurring during any por- 15 tion of the emergency period defined in 16 section 1135(g)(1)(B) beginning on or 17 after the date of the enactment of this 18 clause, a Medicare Advantage plan may 19 not, with respect to such service, impose— 20 ‘‘(I) any cost-sharing require- 21 ment (including a deductible, copay- 22 ment, or coinsurance requirement); 23 and 24 ‘‘(II) in the case such service is a 25 critical specified COVID–19 treat- 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00344 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 345 •HR 6800 IH ment service (including ventilator 1 services and intensive care unit serv- 2 ices), any prior authorization or other 3 utilization management requirement. 4 A Medicare Advantage plan may not take 5 the application of this clause into account 6 for purposes of a bid amount submitted by 7 such plan under section 1854(a)(6).’’. 8 (b) IMPLEMENTATION.—Notwithstanding any other 9 provision of law, the Secretary of Health and Human 10 Services may implement the amendments made by this 11 section by program instruction or otherwise. 12 REQUIRING COVERAGE UNDER MEDICARE PDPS AND MA– 13 PD PLANS, WITHOUT THE IMPOSITION OF COST 14 SHARING OR UTILIZATION MANAGEMENT REQUIRE- 15 MENTS, OF DRUGS INTENDED TO TREAT COVID–19 16 DURING CERTAIN EMERGENCIES 17 SEC. 30205. 18 (a) COVERAGE REQUIREMENT.— 19 (1) IN GENERAL.—Section 1860D–4(b)(3) of 20 the Social Security Act (42 U.S.C. 1395w– 21 104(b)(3)) is amended by adding at the end the fol- 22 lowing new subparagraph: 23 ‘‘(I) REQUIRED INCLUSION OF DRUGS IN- 24 TENDED TO TREAT COVID–19.— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00345 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 346 •HR 6800 IH ‘‘(i) IN GENERAL.—Notwithstanding 1 any other provision of law, a PDP sponsor 2 offering a prescription drug plan shall, 3 with respect to a plan year, any portion of 4 which occurs during the period described 5 in clause (ii), be required to— 6 ‘‘(I) include in any formulary— 7 ‘‘(aa) all covered part D 8 drugs with a medically accepted 9 indication (as defined in section 10 1860D–2(e)(4)) to treat COVID– 11 19 that are marketed in the 12 United States; and 13 ‘‘(bb) all drugs authorized 14 under section 564 or 564A of the 15 Federal Food, Drug, and Cos- 16 metic Act to treat COVID–19; 17 and 18 ‘‘(II) not impose any prior au- 19 thorization or other utilization man- 20 agement requirement with respect to 21 such drugs described in item (aa) or 22 (bb) of subclause (I) (other than such 23 a requirement that limits the quantity 24 of drugs due to safety). 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 347 •HR 6800 IH ‘‘(ii) PERIOD DESCRIBED.—For pur- 1 poses of clause (i), the period described in 2 this clause is the period during which there 3 exists the public health emergency declared 4 by the Secretary pursuant to section 319 5 of the Public Health Service Act on Janu- 6 ary 31, 2020, entitled ‘Determination that 7 a Public Health Emergency Exists Nation- 8 wide as the Result of the 2019 Novel 9 Coronavirus’ (including any renewal of 10 such declaration pursuant to such sec- 11 tion).’’. 12 (b) ELIMINATION OF COST SHARING.— 13 (1) ELIMINATION OF COST-SHARING FOR 14 DRUGS INTENDED TO TREAT COVID–19 UNDER 15 STANDARD AND ALTERNATIVE PRESCRIPTION DRUG 16 COVERAGE.—Section 1860D–2 of the Social Security 17 Act (42 U.S.C. 1395w–102) is amended— 18 (A) in subsection (b)— 19 (i) in paragraph (1)(A), by striking 20 ‘‘The coverage’’ and inserting ‘‘Subject to 21 paragraph (8), the coverage’’; 22 (ii) in paragraph (2)— 23 (I) in subparagraph (A), by in- 24 serting after ‘‘Subject to subpara- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 348 •HR 6800 IH graphs (C) and (D)’’ the following: 1 ‘‘and paragraph (8)’’; 2 (II) in subparagraph (C)(i), by 3 striking ‘‘paragraph (4)’’ and insert- 4 ing ‘‘paragraphs (4) and (8)’’; and 5 (III) in subparagraph (D)(i), by 6 striking ‘‘paragraph (4)’’ and insert- 7 ing ‘‘paragraphs (4) and (8)’’; 8 (iii) in paragraph (4)(A)(i), by strik- 9 ing ‘‘The coverage’’ and inserting ‘‘Subject 10 to paragraph (8), the coverage’’; and 11 (iv) by adding at the end the following 12 new paragraph: 13 ‘‘(8) ELIMINATION OF COST-SHARING FOR 14 DRUGS INTENDED TO TREAT COVID–19.—The cov- 15 erage does not impose any deductible, copayment, 16 coinsurance, or other cost-sharing requirement for 17 drugs described in section 1860D–4(b)(3)(I)(i)(I) 18 with respect to a plan year, any portion of which oc- 19 curs during the period during which there exists the 20 public health emergency declared by the Secretary 21 pursuant to section 319 of the Public Health Service 22 Act on January 31, 2020, entitled ‘Determination 23 that a Public Health Emergency Exists Nationwide 24 as the Result of the 2019 Novel Coronavirus’ (in- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 349 •HR 6800 IH cluding any renewal of such declaration pursuant to 1 such section).’’; and 2 (B) in subsection (c), by adding at the end 3 the following new paragraph: 4 ‘‘(4) SAME ELIMINATION OF COST-SHARING FOR 5 DRUGS INTENDED TO TREAT COVID–19.—The cov- 6 erage is in accordance with subsection (b)(8).’’. 7 (2) ELIMINATION OF COST-SHARING FOR 8 DRUGS INTENDED TO TREAT COVID–19 DISPENSED 9 TO INDIVIDUALS WHO ARE SUBSIDY ELIGIBLE INDI- 10 VIDUALS.—Section 1860D–14(a) of the Social Secu- 11 rity Act (42 U.S.C. 1395w–114(a)) is amended— 12 (A) in paragraph (1)— 13 (i) in subparagraph (D)— 14 (I) in clause (ii), by striking ‘‘In 15 the case of’’ and inserting ‘‘Subject to 16 subparagraph (F), in the case of’’; 17 and 18 (II) in clause (iii), by striking 19 ‘‘In the case of’’ and inserting ‘‘Sub- 20 ject to subparagraph (F), in the case 21 of’’; and 22 (ii) by adding at the end the following 23 new subparagraph: 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 350 •HR 6800 IH ‘‘(F) ELIMINATION OF COST-SHARING FOR 1 DRUGS INTENDED TO TREAT COVID–19.—Cov- 2 erage that is in accordance with section 3 1860D–2(b)(8).’’; and 4 (B) in paragraph (2)— 5 (i) in subparagraph (B), by striking 6 ‘‘A reduction’’ and inserting ‘‘Subject to 7 subparagraph (F), a reduction’’; 8 (ii) in subparagraph (D), by striking 9 ‘‘The substitution’’ and inserting ‘‘Subject 10 to subparagraph (F), the substitution’’; 11 (iii) in subparagraph (E), by inserting 12 after ‘‘Subject to’’ the following: ‘‘subpara- 13 graph (F) and’’; and 14 (iv) by adding at the end the following 15 new subparagraph: 16 ‘‘(F) ELIMINATION OF COST-SHARING FOR 17 DRUGS INTENDED TO TREAT COVID–19.—Cov- 18 erage that is in accordance with section 19 1860D–2(b)(8).’’. 20 (c) IMPLEMENTATION.—Notwithstanding any other 21 provision of law, the Secretary of Health and Human 22 Services may implement the amendments made by this 23 section by program instruction or otherwise. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00350 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 351 •HR 6800 IH MODIFYING THE ACCELERATED AND ADVANCE PAYMENT 1 PROGRAMS UNDER PARTS A AND B OF THE MEDI- 2 CARE PROGRAM DURING THE COVID–19 EMERGENCY 3 SEC. 30206. 4 (a) SPECIAL REPAYMENT RULES.— 5 (1) PART A.—Section 1815(f)(2)(C) of the So- 6 cial Security Act (42 U.S.C. 1395g(f)(2)(C)) is 7 amended to read as follows: 8 ‘‘(C) In the case of an accelerated payment 9 made under the program under subsection (e)(3) on 10 or after the date of the enactment of the CARES 11 Act and so made during the emergency period de- 12 scribed in section 1135(g)(1)(B)— 13 ‘‘(i) such payment shall be treated as if 14 such payment were made from the General 15 Fund of the Treasury; and 16 ‘‘(ii) upon request of the hospital, the Sec- 17 retary shall— 18 ‘‘(I) provide up to 1 year before 19 claims are offset to recoup such payment; 20 ‘‘(II) provide that any such offset of a 21 claim to recoup such payment shall not ex- 22 ceed 25 percent of the amount of such 23 claim; and 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00351 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 352 •HR 6800 IH ‘‘(III) allow not less than 2 years 1 from the date of the first accelerated pay- 2 ment before requiring that the outstanding 3 balance be paid in full.’’. 4 (2) PART B.—In carrying out the program de- 5 scribed in section 421.214 of title 42, Code of Fed- 6 eral Regulations (or any successor regulation), in the 7 case of a payment made under such program on or 8 after the date of the enactment of the CARES Act 9 (Public Law 116–136) and so made during the 10 emergency period described in section 1135(g)(1)(B) 11 of the Social Security Act (42 U.S.C. 1320b– 12 5(g)(1)(B)), the Secretary of Health and Human 13 Services shall— 14 (A) treat such payment as if such payment 15 were made from the General Fund of the 16 Treasury; and 17 (B) upon request of the entity receiving 18 such payment— 19 (i) provide up to 1 year before claims 20 are offset to recoup such payment; 21 (ii) provide that any such offset of a 22 claim to recoup such payment shall not ex- 23 ceed 25 percent of the amount of such 24 claim; and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 353 •HR 6800 IH (iii) allow not less than 2 years from 1 the date of the first advance payment be- 2 fore requiring that the outstanding balance 3 be paid in full. 4 (b) INTEREST RATES.— 5 (1) PART A.—Section 1815(d) of the Social Se- 6 curity Act (42 U.S.C. 1395g(d)) is amended by in- 7 serting before the period at the end the following: 8 ‘‘(or, in the case of such a determination made with 9 respect to a payment made on or after the date of 10 the enactment of the CARES Act and during the 11 emergency period described in section 1135(g)(1)(B) 12 under the program under subsection (e)(3), at a rate 13 of 1 percent)’’. 14 (2) PART B.—Section 1833(j) of the Social Se- 15 curity Act (42 U.S.C. 1395l(j)) is amended by in- 16 serting before the period at the end the following: 17 ‘‘(or, in the case of such a determination made with 18 respect to a payment made on or after the date of 19 the enactment of the CARES Act and during the 20 emergency period described in section 1135(g)(1)(B) 21 under the program described in section 421.214 of 22 title 42, Code of Federal Regulations (or any suc- 23 cessor regulation), at a rate of 1 percent)’’. 24 (c) REPORT.— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 354 •HR 6800 IH (1) REPORTS DURING COVID–19 EMERGENCY.— 1 Not later than 2 weeks after the date of the enact- 2 ment of this section, and every 2 weeks thereafter 3 during the emergency period described in section 4 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 5 1320b–5(g)(1)(B)), the Secretary of Health and 6 Human Services shall submit to the Committee on 7 Ways and Means and the Committee on Energy and 8 Commerce of the House of Representatives, and the 9 Committee on Finance of the Senate, a report that 10 includes the following: 11 (A) The total amount of payments made 12 under section 1815(e)(3) of the Social Security 13 Act (42 U.S.C. 1395g(e)(3)) and under the pro- 14 gram described in section 421.214 of title 42, 15 Code of Federal Regulations (or any successor 16 regulation) during the most recent 2-week pe- 17 riod for which data is available that precedes 18 the date of the submission of such report. 19 (B) The number of entities receiving such 20 payments during such period. 21 (C) A specification of each such entity. 22 (2) REPORTS AFTER COVID–19 EMERGENCY.— 23 (A) IN GENERAL.—Not later than 6 24 months after the termination of the emergency 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 355 •HR 6800 IH period described in paragraph (1), and every 6 1 months thereafter until all specified payments 2 (as defined in subparagraph (B)) have been re- 3 couped or repaid, the Secretary of Health and 4 Human Services shall submit to the Committee 5 on Ways and Means and the Committee on En- 6 ergy and Commerce of the House of Represent- 7 atives, and the Committee on Finance of the 8 Senate, a report that includes the following: 9 (i) The total amount of all specified 10 payments for which claims have been offset 11 to recoup such payment or the balance has 12 been repaid. 13 (ii) The amount of interest that has 14 accrued with respect to all specified pay- 15 ments. 16 (B) SPECIFIED PAYMENTS.—For purposes 17 of subparagraph (A), the term ‘‘specified pay- 18 ments’’ means all payments made under section 19 1815(e)(3) of the Social Security Act (42 20 U.S.C. 1395g(e)(3)) or under the program de- 21 scribed in section 421.214 of title 42, Code of 22 Federal Regulations (or any successor regula- 23 tion) made on or after the date of the enact- 24 ment of the CARES Act (Public Law 116–136) 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 356 •HR 6800 IH during the emergency period described in such 1 subparagraph. 2 MEDICARE SPECIAL ENROLLMENT PERIOD FOR 3 INDIVIDUALS RESIDING IN COVID–19 EMERGENCY AREAS 4 SEC. 30207. 5 (a) IN GENERAL.—Section 1837(i) of the Social Se- 6 curity Act (42 U.S.C. 1395p(i)) is amended by adding at 7 the end the following new paragraph: 8 ‘‘(5)(A) In the case of an individual who— 9 ‘‘(i) is eligible under section 1836 to enroll 10 in the medical insurance program established by 11 this part, 12 ‘‘(ii) did not enroll (or elected not to be 13 deemed enrolled) under this section during an 14 enrollment period, and 15 ‘‘(iii) during the emergency period (as de- 16 scribed in section 1135(g)(1)(B)), resided in an 17 emergency area (as described in such section), 18 there shall be a special enrollment period de- 19 scribed in subparagraph (B). 20 ‘‘(B) The special enrollment period re- 21 ferred to in subparagraph (A) is the period that 22 begins not later than July 1, 2020, and ends on 23 the last day of the month in which the emer- 24 gency period (as described in section 25 1135(g)(1)(B)) ends.’’. 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00356 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 357 •HR 6800 IH (b) COVERAGE PERIOD FOR INDIVIDUALS 1 TRANSITIONING FROM OTHER COVERAGE.—Section 2 1838(e) of the Social Security Act (42 U.S.C. 1395q(e)) 3 is amended— 4 (1) by striking ‘‘pursuant to section 1837(i)(3) 5 or 1837(i)(4)(B)—’’ and inserting the following: 6 ‘‘pursuant to— 7 ‘‘(1) section 1837(i)(3) or 1837(i)(4)(B)—’’; 8 (2) by redesignating paragraphs (1) and (2) as 9 subparagraphs (A) and (B), respectively, and mov- 10 ing the indentation of each such subparagraph 2 11 ems to the right; 12 (3) by striking the period at the end of the sub- 13 paragraph (B), as so redesignated, and inserting ‘‘; 14 or’’; and 15 (4) by adding at the end the following new 16 paragraph: 17 ‘‘(2) section 1837(i)(5), the coverage period 18 shall begin on the first day of the month following 19 the month in which the individual so enrolls.’’. 20 (c) FUNDING.—The Secretary of Health and Human 21 Services shall provide for the transfer from the Federal 22 Hospital Insurance Trust Fund (as described in section 23 1817 of the Social Security Act (42 U.S.C. 1395i)) and 24 the Federal Supplementary Medical Insurance Trust 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00357 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 358 •HR 6800 IH Fund (as described in section 1841 of such Act (42 U.S.C. 1 1395t)), in such proportions as determined appropriate by 2 the Secretary, to the Social Security Administration, of 3 $30,000,000, to remain available until expended, for pur- 4 poses of carrying out the amendments made by this sec- 5 tion. 6 (d) IMPLEMENTATION.—Notwithstanding any other 7 provision of law, the Secretary of Health and Human 8 Services may implement the amendments made by this 9 section by program instruction or otherwise. 10 COVID–19 SKILLED NURSING FACILITY PAYMENT 11 INCENTIVE PROGRAM 12 SEC. 30208. 13 (a) IN GENERAL.—Section 1819 of the Social Secu- 14 rity Act (42 U.S.C. 1395i–3) is amended by adding at the 15 end the following new subsection: 16 ‘‘(k) COVID–19 DESIGNATION PROGRAM.— 17 ‘‘(1) IN GENERAL.—Not later than 2 weeks 18 after the date of the enactment of this subsection, 19 the Secretary shall establish a program under which 20 a skilled nursing facility that makes an election de- 21 scribed in paragraph (2)(A) and meets the require- 22 ments described in paragraph (2)(B) is designated 23 (or a portion of such facility is so designated) as a 24 COVID–19 treatment center and receives incentive 25 payments under section 1888(e)(13). 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00358 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 359 •HR 6800 IH ‘‘(2) DESIGNATION.— 1 ‘‘(A) IN GENERAL.—A skilled nursing fa- 2 cility may elect to be designated (or to have a 3 portion of such facility designated) as a 4 COVID–19 treatment center under the program 5 established under paragraph (1) if the facility 6 submits to the Secretary, at a time and in a 7 manner specified by the Secretary, an applica- 8 tion for such designation that contains such in- 9 formation as required by the Secretary and 10 demonstrates that such facility meets the re- 11 quirements described in subparagraph (B). 12 ‘‘(B) REQUIREMENTS.—The requirements 13 described in this subparagraph with respect to 14 a skilled nursing facility are the following: 15 ‘‘(i) The facility has a star rating with 16 respect to staffing of 4 or 5 on the Nurs- 17 ing Home Compare website (as described 18 in subsection (i)) and has maintained such 19 a rating on such website during the 2-year 20 period ending on the date of the submis- 21 sion of the application described in sub- 22 paragraph (A). 23 ‘‘(ii) The facility has a star rating of 24 4 or 5 with respect to health inspections on 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 360 •HR 6800 IH such website and has maintained such a 1 rating on such website during such period. 2 ‘‘(iii) During such period, the Sec- 3 retary or a State has not found a defi- 4 ciency with such facility relating to infec- 5 tion control that the Secretary or State de- 6 termined immediately jeopardized the 7 health or safety of the residents of such fa- 8 cility (as described in paragraph (1) or 9 (2)(A) of subsection (h), as applicable). 10 ‘‘(iv) The facility provides care at 11 such facility (or, in the case of an election 12 made with respect to a portion of such fa- 13 cility, to provide care in such portion of 14 such facility) only to eligible individuals. 15 ‘‘(v) The facility arranges for and 16 transfers all residents of such facility (or 17 such portion of such facility, as applicable) 18 who are not eligible individuals to other 19 skilled nursing facilities (or other portions 20 of such facility, as applicable). 21 ‘‘(vi) The facility complies with the 22 notice requirement described in paragraph 23 (4). 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00360 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 361 •HR 6800 IH ‘‘(vii) The facility meets the reporting 1 requirement described in paragraph (5). 2 ‘‘(viii) Any other requirement deter- 3 mined appropriate by the Secretary. 4 ‘‘(3) DURATION OF DESIGNATION.— 5 ‘‘(A) IN GENERAL.—A designation of a 6 skilled nursing facility (or portion of such facil- 7 ity) as a COVID–19 treatment center shall 8 begin on a date specified by the Secretary and 9 end upon the earliest of the following: 10 ‘‘(i) The revocation of such designa- 11 tion under subparagraph (B). 12 ‘‘(ii) The submission of a notification 13 by such facility to the Secretary that such 14 facility elects to terminate such designa- 15 tion. 16 ‘‘(iii) The termination of the program 17 (as specified in paragraph (6)). 18 ‘‘(B) REVOCATION.—The Secretary may 19 revoke the designation of a skilled nursing facil- 20 ity (or portion of such facility) as a COVID–19 21 treatment center if the Secretary determines 22 that the facility is no longer in compliance with 23 a requirement described in paragraph (2)(B). 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00361 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 362 •HR 6800 IH ‘‘(4) RESIDENT NOTICE REQUIREMENT.—For 1 purposes of paragraph (2)(B)(vi), the notice require- 2 ment described in this paragraph is that, not later 3 than 72 hours before the date specified by the Sec- 4 retary under paragraph (3)(A) with respect to the 5 designation of a skilled nursing facility (or portion 6 of such facility) as a COVID–19 treatment center, 7 the facility provides a notification to each resident of 8 such facility (and to appropriate representatives or 9 family members of each such resident, as specified 10 by the Secretary) that contains the following: 11 ‘‘(A) Notice of such designation. 12 ‘‘(B) In the case such resident is not an el- 13 igible individual (and, in the case such designa- 14 tion is made only with respect to a portion of 15 such facility, resides in such portion of such fa- 16 cility)— 17 ‘‘(i) a specification of when and where 18 such resident will be transferred (or moved 19 within such facility); 20 ‘‘(ii) an explanation that, in lieu of 21 such transfer or move, such resident may 22 arrange for transfer to such other setting 23 (including a home) selected by the resi- 24 dent; and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 363 •HR 6800 IH ‘‘(iii) if such resident so arranges to 1 be transferred to a home, information on 2 Internet resources for caregivers who elect 3 to care for such resident at home. 4 ‘‘(C) Contact information for the State 5 long-term care ombudsman (established under 6 section 307(a)(12) of the Older Americans Act 7 of 1965) for the applicable State. 8 ‘‘(5) REPORTING REQUIREMENT.— 9 ‘‘(A) IN GENERAL.—For purposes of para- 10 graph (2)(B)(vii), the reporting requirement de- 11 scribed in this paragraph is, with respect to a 12 skilled nursing facility, that the facility reports 13 to the Secretary, weekly and in such manner 14 specified by the Secretary, the following (but 15 only to the extent the information described in 16 clauses (i) through (vii) is not otherwise re- 17 ported to the Secretary weekly): 18 ‘‘(i) The number of COVID–19 re- 19 lated deaths at such facility. 20 ‘‘(ii) The number of discharges from 21 such facility. 22 ‘‘(iii) The number of admissions to 23 such facility. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 364 •HR 6800 IH ‘‘(iv) The number of beds occupied 1 and the number of beds available at such 2 facility. 3 ‘‘(v) The number of residents on a 4 ventilator at such facility. 5 ‘‘(vi) The number of clinical and non- 6 clinical staff providing direct patient care 7 at such facility. 8 ‘‘(vii) Such other information deter- 9 mined appropriate by the Secretary. 10 ‘‘(B) NONAPPLICATION OF PAPERWORK 11 REDUCTION ACT.—Chapter 35 of title 44, 12 United States Code (commonly known as the 13 ‘Paperwork Reduction Act’), shall not apply to 14 the collection of information under this para- 15 graph. 16 ‘‘(6) DEFINITION.—For purposes of this sub- 17 section, the term ‘eligible individual’ means an indi- 18 vidual who, during the 30-day period ending on the 19 first day on which such individual is a resident of a 20 COVID–19 treatment center (on or after the date 21 such center is so designated), was furnished a test 22 for COVID–19 that came back positive. 23 ‘‘(7) TERMINATION.—The program established 24 under paragraph (1) shall terminate upon the termi- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 365 •HR 6800 IH nation of the emergency period described in section 1 1135(g)(1)(B). 2 ‘‘(8) PROHIBITION ON ADMINISTRATIVE AND 3 JUDICIAL REVIEW.—There shall be no administrative 4 or judicial review under section 1869, 1878, or oth- 5 erwise of a designation of a skilled nursing facility 6 (or portion of such facility) as a COVID–19 treat- 7 ment center, or revocation of such a designation, 8 under this subsection.’’. 9 (b) PAYMENT INCENTIVE.—Section 1888(e) of the 10 Social Security Act (42 U.S.C. 1395yy(e)) is amended— 11 (1) in paragraph (1), in the matter preceding 12 subparagraph (A), by striking ‘‘and (12)’’ and in- 13 serting ‘‘(12), and (13)’’; and 14 (2) by adding at the end the following new 15 paragraph: 16 ‘‘(13) ADJUSTMENT FOR COVID–19 TREATMENT 17 CENTERS.—In the case of a resident of a skilled 18 nursing facility that has been designated as a 19 COVID–19 treatment center under section 1819(k) 20 (or in the case of a resident who resides in a portion 21 of such facility that has been so designated), if such 22 resident is an eligible individual (as defined in para- 23 graph (5) of such section), the per diem amount of 24 payment for such resident otherwise applicable shall 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00365 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 366 •HR 6800 IH be increased by 20 percent to reflect increased costs 1 associated with such residents.’’. 2 FUNDING FOR STATE STRIKE TEAMS FOR RESIDENT AND 3 EMPLOYEE SAFETY IN SKILLED NURSING FACILITIES 4 AND NURSING FACILITIES 5 SEC. 30209. 6 (a) IN GENERAL.—Of the amounts made available 7 under subsection (c), the Secretary of Health and Human 8 Services (referred to in this section as the ‘‘Secretary’’) 9 shall allocate such amounts among the States, in a man- 10 ner that takes into account the percentage of skilled nurs- 11 ing facilities and nursing facilities in each State that have 12 residents or employees who have been diagnosed with 13 COVID–19, for purposes of establishing and implementing 14 strike teams in accordance with subsection (b). 15 (b) USE OF FUNDS.—A State that receives funds 16 under this section shall use such funds to establish and 17 implement a strike team that will be deployed to a skilled 18 nursing facility or nursing facility in the State with diag- 19 nosed or suspected cases of COVID–19 among residents 20 or staff for the purposes of assisting with clinical care, 21 infection control, or staffing. 22 (c) AUTHORIZATION OF APPROPRIATIONS.—For pur- 23 poses of carrying out this section, there is authorized to 24 be appropriated $500,000,000. 25 (d) DEFINITIONS.—In this section: 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 367 •HR 6800 IH (1) NURSING FACILITY.—The term ‘‘nursing 1 facility’’ has the meaning given such term in section 2 1919(a) of the Social Security Act (42 U.S.C. 3 1396r(a)). 4 (2) SKILLED NURSING FACILITY.—The term 5 ‘‘skilled nursing facility’’ has the meaning given such 6 term in section 1819(a) of the Social Security Act 7 (42 U.S.C. 1395i–3(a)). 8 PROVIDING FOR INFECTION CONTROL SUPPORT TO 9 SKILLED NURSING FACILITIES THROUGH CONTRACTS 10 WITH QUALITY IMPROVEMENT ORGANIZATIONS 11 SEC. 30210. 12 (a) IN GENERAL.—Section 1862(g) of the Social Se- 13 curity Act (42 U.S.C. 1395y(g)) is amended— 14 (1) by striking ‘‘The Secretary’’ and inserting 15 ‘‘(1) The Secretary’’; and 16 (2) by adding at the end the following new 17 paragraph: 18 ‘‘(2)(A) The Secretary shall ensure that at least 1 19 contract with a quality improvement organization de- 20 scribed in paragraph (1) entered into on or after the date 21 of the enactment of this paragraph and before the end 22 of the emergency period described in section 23 1135(g)(1)(B) (or in effect as of such date) includes the 24 requirement that such organization provide to skilled 25 nursing facilities with cases of COVID–19 (or facilities at- 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00367 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 368 •HR 6800 IH tempting to prevent outbreaks of COVID–19) infection 1 control support described in subparagraph (B) during 2 such period. 3 ‘‘(B) For purposes of subparagraph (A), the infection 4 control support described in this subparagraph is, with re- 5 spect to skilled nursing facilities described in such sub- 6 paragraph, the development and dissemination to such fa- 7 cilities of protocols relating to the prevention or mitigation 8 of COVID–19 at such facilities and the provision of train- 9 ing materials to such facilities relating to such prevention 10 or mitigation.’’. 11 (b) FUNDING.—The Secretary of Health and Human 12 Services shall provide for the transfer from the Federal 13 Supplementary Medical Insurance Trust Fund (as de- 14 scribed in section 1841 of the Social Security Act (42 15 U.S.C. 1395t)) and the Federal Hospital Insurance Trust 16 Fund (as described in section 1817 of such Act (42 U.S.C. 17 1395i)), in such proportions as determined appropriate by 18 the Secretary, to the Centers for Medicare & Medicaid 19 Services Program Management Account, of $210,000,000, 20 to remain available until expended, for purposes of enter- 21 ing into contracts with quality improvement organizations 22 under part B of title XI of such Act (42 U.S.C. 1320c 23 et seq.). Of the amount transferred pursuant to the pre- 24 vious sentence, not less that $110,000,000 shall be used 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00368 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 369 •HR 6800 IH for purposes of entering into such a contract that includes 1 the requirement described in section 1862(g)(2)(A) of 2 such Act (as added by subsection (a)). 3 REQUIRING LONG TERM CARE FACILITIES TO REPORT 4 CERTAIN INFORMATION RELATING TO COVID–19 5 CASES AND DEATHS 6 SEC. 30211. 7 (a) IN GENERAL.—The Secretary of Health and 8 Human Services (in this section referred to as the ‘‘Sec- 9 retary’’) shall, as soon as practicable, require that the in- 10 formation described in paragraph (1) of section 483.80(g) 11 of title 42, Code of Federal Regulations, or a successor 12 regulation, be reported by a facility (as defined for pur- 13 poses of such section). 14 (b) DEMOGRAPHIC INFORMATION.—The Secretary 15 shall post the following information with respect to skilled 16 nursing facilities (as defined in section 1819(a) of the So- 17 cial Security Act (42 U.S.C. 1395i–3(a))) and nursing fa- 18 cilities (as defined in section 1919(a) of such Act (42 19 U.S.C. 1396r(a))) on the Nursing Home Compare website 20 (as described in section 1819(i) of the Social Security Act 21 (42 U.S.C. 1395i–3(i))), or a successor website, aggre- 22 gated by State: 23 (1) The age, race/ethnicity, and preferred lan- 24 guage of the residents of such skilled nursing facili- 25 ties and nursing facilities with suspected or con- 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 370 •HR 6800 IH firmed COVID–19 infections, including residents 1 previously treated for COVID–19. 2 (2) The age, race/ethnicity, and preferred lan- 3 guage relating to total deaths and COVID–19 4 deaths among residents of such skilled nursing facili- 5 ties and nursing facilities. 6 (c) CONFIDENTIALITY.—Any information reported 7 under this section that is made available to the public shall 8 be made so available in a manner that protects the identity 9 of residents of skilled nursing facilities and nursing facili- 10 ties. 11 (d) IMPLEMENTATION.—The Secretary may imple- 12 ment the provisions of this section be program instruction 13 or otherwise. 14 FLOOR ON THE MEDICARE AREA WAGE INDEX FOR 15 HOSPITALS IN ALL-URBAN STATES 16 SEC. 30212. 17 (a) IN GENERAL.—Section 1886(d)(3)(E) of the So- 18 cial Security Act (42 U.S.C. 1395ww(d)(3)(E)) is amend- 19 ed— 20 (1) in clause (i), in the first sentence, by strik- 21 ing ‘‘or (iii)’’ and inserting ‘‘, (iii), or (iv)’’; and 22 (2) by adding at the end the following new 23 clause: 24 ‘‘(iv) FLOOR ON AREA WAGE INDEX 25 FOR HOSPITALS IN ALL-URBAN STATES.— 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00370 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 371 •HR 6800 IH ‘‘(I) IN GENERAL.—For dis- 1 charges occurring on or after October 2 1, 2021, the area wage index applica- 3 ble under this subparagraph to any 4 hospital in an all-urban State (as de- 5 fined in subclause (IV)) may not be 6 less than the minimum area wage 7 index for the fiscal year for hospitals 8 in that State, as established under 9 subclause (II). 10 ‘‘(II) MINIMUM AREA WAGE 11 INDEX.—For purposes of subclause 12 (I), the Secretary shall establish a 13 minimum area wage index for a fiscal 14 year for hospitals in each all-urban 15 State using the methodology described 16 in section 412.64(h)(4) of title 42, 17 Code of Federal Regulations, as in ef- 18 fect for fiscal year 2018. 19 ‘‘(III) WAIVING BUDGET NEU- 20 TRALITY.—Pursuant to the fifth sen- 21 tence of clause (i), this subsection 22 shall not be applied in a budget neu- 23 tral manner. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00371 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 372 •HR 6800 IH ‘‘(IV) ALL-URBAN STATE DE- 1 FINED.—In this clause, the term ‘all- 2 urban State’ means a State in which 3 there are no rural areas (as defined in 4 paragraph (2)(D)) or a State in which 5 there are no hospitals classified as 6 rural under this section.’’. 7 (b) WAIVING BUDGET NEUTRALITY.— 8 (1) TECHNICAL AMENDATORY CORRECTION.— 9 Section 10324(a)(2) of Public Law 111–148 is 10 amended by striking ‘‘third sentence’’ and inserting 11 ‘‘fifth sentence’’. 12 (2) WAIVER.—Section 1886(d)(3)(E)(i) of the 13 Social Security Act (42 U.S.C. 1395ww(d)(3)(E)(i)) 14 is amended, in the fifth sentence— 15 (A) by striking ‘‘and the amendments’’ and 16 inserting ‘‘, the amendments’’; and 17 (B) by inserting ‘‘, and the amendments 18 made by section 30212 of the HEROES Act’’ 19 after ‘‘Care Act’’. 20 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00372 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 373 •HR 6800 IH TITLE III—PRIVATE INSURANCE PROVISIONS 1 Subtitle A—Health Plans 2 SPECIAL ENROLLMENT PERIOD THROUGH EXCHANGES; 3 FEDERAL EXCHANGE OUTREACH AND EDUCATIONAL 4 ACTIVITIES 5 SEC. 30301. 6 (a) SPECIAL ENROLLMENT PERIOD THROUGH EX- 7 CHANGES.—Section 1311(c) of the Patient Protection and 8 Affordable Care Act (42 U.S.C. 18031(c)) is amended— 9 (1) in paragraph (6)— 10 (A) in subparagraph (C), by striking at the 11 end ‘‘and’’; 12 (B) in subparagraph (D), by striking at 13 the end the period and inserting ‘‘; and’’; and 14 (C) by adding at the end the following new 15 subparagraph: 16 ‘‘(E) subject to subparagraph (B) of para- 17 graph (8), the special enrollment period de- 18 scribed in subparagraph (A) of such para- 19 graph.’’; and 20 (2) by adding at the end the following new 21 paragraph: 22 ‘‘(8) SPECIAL ENROLLMENT PERIOD FOR CER- 23 TAIN PUBLIC HEALTH EMERGENCY.— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00373 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 374 •HR 6800 IH ‘‘(A) IN GENERAL.—The Secretary shall, 1 subject to subparagraph (B), require an Ex- 2 change to provide— 3 ‘‘(i) for a special enrollment period 4 during the emergency period described in 5 section 1135(g)(1)(B) of the Social Secu- 6 rity Act— 7 ‘‘(I) which shall begin on the 8 date that is one week after the date of 9 the enactment of this paragraph and 10 which, in the case of an Exchange es- 11 tablished or operated by the Secretary 12 within a State pursuant to section 13 1321(c), shall be an 8-week period; 14 and 15 ‘‘(II) during which any individual 16 who is otherwise eligible to enroll in a 17 qualified health plan through the Ex- 18 change may enroll in such a qualified 19 health plan; and 20 ‘‘(ii) that, in the case of an individual 21 who enrolls in a qualified health plan 22 through the Exchange during such enroll- 23 ment period, the coverage period under 24 such plan shall begin, at the option of the 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00374 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 375 •HR 6800 IH individual, on April 1, 2020, or on the first 1 day of the month following the day the in- 2 dividual selects a plan through such special 3 enrollment period. 4 ‘‘(B) EXCEPTION.—The requirement of 5 subparagraph (A) shall not apply to a State-op- 6 erated or State-established Exchange if such 7 Exchange, prior to the date of the enactment of 8 this paragraph, established or otherwise pro- 9 vided for a special enrollment period to address 10 access to coverage under qualified health plans 11 offered through such Exchange during the 12 emergency period described in section 13 1135(g)(1)(B) of the Social Security Act.’’. 14 (b) FEDERAL EXCHANGE OUTREACH AND EDU- 15 CATIONAL ACTIVITIES.—Section 1321(c) of the Patient 16 Protection and Affordable Care Act (42 U.S.C. 18041(c)) 17 is amended by adding at the end the following new para- 18 graph: 19 ‘‘(3) OUTREACH AND EDUCATIONAL ACTIVI- 20 TIES.— 21 ‘‘(A) IN GENERAL.—In the case of an Ex- 22 change established or operated by the Secretary 23 within a State pursuant to this subsection, the 24 Secretary shall carry out outreach and edu- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00375 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 376 •HR 6800 IH cational activities for purposes of informing po- 1 tential enrollees in qualified health plans offered 2 through the Exchange of the availability of cov- 3 erage under such plans and financial assistance 4 for coverage under such plans. Such outreach 5 and educational activities shall be provided in a 6 manner that is culturally and linguistically ap- 7 propriate to the needs of the populations being 8 served by the Exchange (including hard-to- 9 reach populations, such as racial and sexual mi- 10 norities, limited English proficient populations, 11 and young adults). 12 ‘‘(B) LIMITATION ON USE OF FUNDS.—No 13 funds appropriated under this paragraph shall 14 be used for expenditures for promoting non- 15 ACA compliant health insurance coverage. 16 ‘‘(C) NON-ACA COMPLIANT HEALTH IN- 17 SURANCE COVERAGE.—For purposes of sub- 18 paragraph (B): 19 ‘‘(i) The term ‘non-ACA compliant 20 health insurance coverage’ means health 21 insurance coverage, or a group health plan, 22 that is not a qualified health plan. 23 ‘‘(ii) Such term includes the following: 24 ‘‘(I) An association health plan. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00376 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 377 •HR 6800 IH ‘‘(II) Short-term limited duration 1 insurance. 2 ‘‘(D) FUNDING.—There are appropriated, 3 out of any funds in the Treasury not otherwise 4 appropriated, $25,000,000, to remain available 5 until expended— 6 ‘‘(i) to carry out this paragraph; 7 and— 8 ‘‘(ii) at the discretion of the Sec- 9 retary, to carry out section 1311(i), with 10 respect to an Exchange established or op- 11 erated by the Secretary within a State pur- 12 suant to this subsection.’’. 13 (c) IMPLEMENTATION.—The Secretary of Health and 14 Human Services may implement the provisions of (includ- 15 ing amendments made by) this section through subregu- 16 latory guidance, program instruction, or otherwise. 17 EXPEDITED MEETING OF ACIP FOR COVID–19 VACCINES 18 SEC. 30302. 19 (a) IN GENERAL.—Notwithstanding section 3091 of 20 the 21st Century Cures Act (21 U.S.C. 360bbb–4 note), 21 the Advisory Committee on Immunization Practices shall 22 meet and issue a recommendation with respect to a vac- 23 cine that is intended to prevent or treat COVID–19 not 24 later than 15 business days after the date on which such 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 378 •HR 6800 IH vaccine is licensed under section 351 of the Public Health 1 Service Act (42 U.S.C. 262). 2 (b) DEFINITION.—In this section, the term ‘‘Advisory 3 Committee on Immunization Practices’’ means the Advi- 4 sory Committee on Immunization Practices established by 5 the Secretary of Health and Human Services pursuant to 6 section 222 of the Public Health Service Act (42 U.S.C. 7 217a), acting through the Director of the Centers for Dis- 8 ease Control and Prevention. 9 COVERAGE OF COVID–19 RELATED TREATMENT AT NO 10 COST SHARING 11 SEC. 30303. 12 (a) IN GENERAL.—A group health plan and a health 13 insurance issuer offering group or individual health insur- 14 ance coverage (including a grandfathered health plan (as 15 defined in section 1251(e) of the Patient Protection and 16 Affordable Care Act)) shall provide coverage, and shall not 17 impose any cost sharing (including deductibles, copay- 18 ments, and coinsurance) requirements, for the following 19 items and services furnished during any portion of the 20 emergency period defined in paragraph (1)(B) of section 21 1135(g) of the Social Security Act (42 U.S.C. 1320b– 22 5(g)) beginning on or after the date of the enactment of 23 this Act: 24 (1) Medically necessary items and services (in- 25 cluding in-person or telehealth visits in which such 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00378 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 379 •HR 6800 IH items and services are furnished) that are furnished 1 to an individual who has been diagnosed with (or 2 after provision of the items and services is diagnosed 3 with) COVID–19 to treat or mitigate the effects of 4 COVID–19. 5 (2) Medically necessary items and services (in- 6 cluding in-person or telehealth visits in which such 7 items and services are furnished) that are furnished 8 to an individual who is presumed to have COVID– 9 19 but is never diagnosed as such, if the following 10 conditions are met: 11 (A) Such items and services are furnished 12 to the individual to treat or mitigate the effects 13 of COVID–19 or to mitigate the impact of 14 COVID–19 on society. 15 (B) Health care providers have taken ap- 16 propriate steps under the circumstances to 17 make a diagnosis, or confirm whether a diag- 18 nosis was made, with respect to such individual, 19 for COVID–19, if possible. 20 (b) ITEMS AND SERVICES RELATED TO COVID– 21 19.—For purposes of this section— 22 (1) not later than one week after the date of 23 the enactment of this section, the Secretary of 24 Health and Human Services, Secretary of Labor, 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00379 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 380 •HR 6800 IH and Secretary of the Treasury shall jointly issue 1 guidance specifying applicable diagnoses and medi- 2 cally necessary items and services related to 3 COVID–19; and 4 (2) such items and services shall include all 5 items or services that are relevant to the treatment 6 or mitigation of COVID–19, regardless of whether 7 such items or services are ordinarily covered under 8 the terms of a group health plan or group or indi- 9 vidual health insurance coverage offered by a health 10 insurance issuer. 11 (c) ENFORCEMENT.— 12 (1) APPLICATION WITH RESPECT TO PHSA, 13 ERISA, AND IRC.—The provisions of this section 14 shall be applied by the Secretary of Health and 15 Human Services, Secretary of Labor, and Secretary 16 of the Treasury to group health plans and health in- 17 surance issuers offering group or individual health 18 insurance coverage as if included in the provisions of 19 part A of title XXVII of the Public Health Service 20 Act, part 7 of the Employee Retirement Income Se- 21 curity Act of 1974, and subchapter B of chapter 100 22 of the Internal Revenue Code of 1986, as applicable. 23 (2) PRIVATE RIGHT OF ACTION.—An individual 24 with respect to whom an action is taken by a group 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00380 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 381 •HR 6800 IH health plan or health insurance issuer offering group 1 or individual health insurance coverage in violation 2 of subsection (a) may commence a civil action 3 against the plan or issuer for appropriate relief. The 4 previous sentence shall not be construed as limiting 5 any enforcement mechanism otherwise applicable 6 pursuant to paragraph (1). 7 (d) IMPLEMENTATION.—The Secretary of Health and 8 Human Services, Secretary of Labor, and Secretary of the 9 Treasury may implement the provisions of this section 10 through sub-regulatory guidance, program instruction or 11 otherwise. 12 (e) TERMS.—The terms ‘‘group health plan’’; ‘‘health 13 insurance issuer’’; ‘‘group health insurance coverage’’, and 14 ‘‘individual health insurance coverage’’ have the meanings 15 given such terms in section 2791 of the Public Health 16 Service Act (42 U.S.C. 300gg–91), section 733 of the Em- 17 ployee Retirement Income Security Act of 1974 (29 18 U.S.C. 1191b), and section 9832 of the Internal Revenue 19 Code of 1986, as applicable. 20 REQUIRING PRESCRIPTION DRUG REFILL NOTIFICATIONS 21 DURING EMERGENCIES 22 SEC. 30304. 23 (a) ERISA.— 24 (1) IN GENERAL.—Subpart B of part 7 of sub- 25 title B of title I of the Employee Retirement Income 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 382 •HR 6800 IH Security Act of 1974 (29 U.S.C. 1185 et seq.) is 1 amended by adding at the end the following new sec- 2 tion: 3 ‘‘SEC. 716. PROVISION OF PRESCRIPTION DRUG REFILL NO- 4 TIFICATIONS DURING EMERGENCIES. 5 ‘‘(a) IN GENERAL.—A group health plan, and a 6 health insurance issuer offering health insurance coverage 7 in connection with a group health plan, that provides bene- 8 fits for prescription drugs under such plan or such cov- 9 erage shall provide to each participant or beneficiary 10 under such plan or such coverage who resides in an emer- 11 gency area during an emergency period— 12 ‘‘(1) not later than 5 business days after the 13 date of the beginning of such period with respect to 14 such area (or, the case of the emergency period de- 15 scribed in section 30304(d)(2) of the HEROES Act, 16 not later than 5 business days after the date of the 17 enactment of this section), a notification (written in 18 a manner that is clear and understandable to the av- 19 erage participant or beneficiary)— 20 ‘‘(A) of whether such plan or coverage will 21 waive, during such period with respect to such 22 a participant or beneficiary, any time restric- 23 tions under such plan or coverage on any au- 24 thorized refills for such drugs to enable such re- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 383 •HR 6800 IH fills in advance of when such refills would oth- 1 erwise have been permitted under such plan or 2 coverage; and 3 ‘‘(B) in the case that such plan or coverage 4 will waive such restrictions during such period 5 with respect to such a participant or bene- 6 ficiary, that contains information on how such 7 a participant or beneficiary may obtain such a 8 refill; and 9 ‘‘(2) in the case such plan or coverage elects to 10 so waive such restrictions during such period with 11 respect to such a participant or beneficiary after the 12 notification described in paragraph (1) has been pro- 13 vided with respect to such period, not later than 5 14 business days after such election, a notification of 15 such election that contains the information described 16 in subparagraph (B) of such paragraph. 17 ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For 18 purposes of this section, an ‘emergency area’ is a geo- 19 graphical area in which, and an ‘emergency period’ is the 20 period during which, there exists— 21 ‘‘(1) an emergency or disaster declared by the 22 President pursuant to the National Emergencies Act 23 or the Robert T. Stafford Disaster Relief and Emer- 24 gency Assistance Act; and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00383 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 384 •HR 6800 IH ‘‘(2) a public health emergency declared by the 1 Secretary pursuant to section 319 of the Public 2 Health Service Act.’’. 3 (2) CLERICAL AMENDMENT.—The table of con- 4 tents of the Employee Retirement Income Security 5 Act of 1974 is amended by inserting after the item 6 relating to section 714 the following: 7 ‘‘Sec. 715. Additional market reforms. ‘‘Sec. 716. Provision of prescription drug refill notifications during emer- gencies.’’. (b) PHSA.—Subpart II of part A of title XXVII of 8 the Public Health Service Act (42 U.S.C. 300gg–11 et 9 seq.) is amended by adding at the end the following new 10 section: 11 ‘‘SEC. 2730. PROVISION OF PRESCRIPTION DRUG REFILL 12 NOTIFICATIONS DURING EMERGENCIES. 13 ‘‘(a) IN GENERAL.—A group health plan, and a 14 health insurance issuer offering group or individual health 15 insurance coverage, that provides benefits for prescription 16 drugs under such plan or such coverage shall provide to 17 each participant, beneficiary, or enrollee enrolled under 18 such plan or such coverage who resides in an emergency 19 area during an emergency period— 20 ‘‘(1) not later than 5 business days after the 21 date of the beginning of such period with respect to 22 such area (or, the case of the emergency period de- 23 scribed in section 30304(d)(2) of the HEROES Act, 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00384 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 385 •HR 6800 IH not later than 5 business days after the date of the 1 enactment of this section), a notification (written in 2 a manner that is clear and understandable to the av- 3 erage participant, beneficiary, or enrollee)— 4 ‘‘(A) of whether such plan or coverage will 5 waive, during such period with respect to such 6 a participant, beneficiary, or enrollee, any time 7 restrictions under such plan or coverage on any 8 authorized refills for such drugs to enable such 9 refills in advance of when such refills would 10 otherwise have been permitted under such plan 11 or coverage; and 12 ‘‘(B) in the case that such plan or coverage 13 will waive such restrictions during such period 14 with respect to such a participant, beneficiary, 15 or enrollee, that contains information on how 16 such a participant, beneficiary, or enrollee may 17 obtain such a refill; and 18 ‘‘(2) in the case such plan or coverage elects to 19 so waive such restrictions during such period with 20 respect to such a participant, beneficiary, or enrollee 21 after the notification described in paragraph (1) has 22 been provided with respect to such period, not later 23 than 5 business days after such election, a notifica- 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00385 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 386 •HR 6800 IH tion of such election that contains the information 1 described in subparagraph (B) of such paragraph. 2 ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For 3 purposes of this section, an ‘emergency area’ is a geo- 4 graphical area in which, and an ‘emergency period’ is the 5 period during which, there exists— 6 ‘‘(1) an emergency or disaster declared by the 7 President pursuant to the National Emergencies Act 8 or the Robert T. Stafford Disaster Relief and Emer- 9 gency Assistance Act; and 10 ‘‘(2) a public health emergency declared by the 11 Secretary pursuant to section 319.’’. 12 (c) IRC.— 13 (1) IN GENERAL.—Subchapter B of chapter 14 100 of the Internal Revenue Code of 1986 is amend- 15 ed by adding at the end the following new section: 16 ‘‘SEC. 9816. PROVISION OF PRESCRIPTION DRUG REFILL 17 NOTIFICATIONS DURING EMERGENCIES. 18 ‘‘(a) IN GENERAL.—A group health plan that pro- 19 vides benefits for prescription drugs under such plan shall 20 provide to each participant or beneficiary enrolled under 21 such plan who resides in an emergency area during an 22 emergency period, not later than 5 business days after the 23 date of the beginning of such period with respect to such 24 area (or, the case of the emergency period described in 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00386 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 387 •HR 6800 IH section 30304(d)(2) of the HEROES Act, not later than 1 5 business days after the date of the enactment of this 2 section)— 3 ‘‘(1) a notification (written in a manner that is 4 clear and understandable to the average participant 5 or beneficiary)— 6 ‘‘(A) of whether such plan will waive, dur- 7 ing such period with respect to such a partici- 8 pant or beneficiary, any time restrictions under 9 such plan on any authorized refills for such 10 drugs to enable such refills in advance of when 11 such refills would otherwise have been per- 12 mitted under such plan; and 13 ‘‘(B) in the case that such plan will waive 14 such restrictions during such period with re- 15 spect to such a participant or beneficiary, that 16 contains information on how such a participant 17 or beneficiary may obtain such a refill; and 18 ‘‘(2) in the case such plan elects to so waive 19 such restrictions during such period with respect to 20 such a participant or beneficiary after the notifica- 21 tion described in paragraph (1) has been provided 22 with respect to such period, not later than 5 busi- 23 ness days after such election, a notification of such 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00387 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 388 •HR 6800 IH election that contains the information described in 1 subparagraph (B) of such paragraph. 2 ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For 3 purposes of this section, an ‘emergency area’ is a geo- 4 graphical area in which, and an ‘emergency period’ is the 5 period during which, there exists— 6 ‘‘(1) an emergency or disaster declared by the 7 President pursuant to the National Emergencies Act 8 or the Robert T. Stafford Disaster Relief and Emer- 9 gency Assistance Act; and 10 ‘‘(2) a public health emergency declared by the 11 Secretary pursuant to section 319 of the Public 12 Health Service Act.’’. 13 (2) CLERICAL AMENDMENT.—The table of sec- 14 tions for subchapter B of chapter 100 of the Inter- 15 nal Revenue Code of 1986 is amended by adding at 16 the end the following new item: 17 ‘‘Sec. 9816. Provision of prescription drug refill notifications during emer- gencies.’’. (d) EFFECTIVE DATE.—The amendments made by 18 this section shall apply with respect to— 19 (1) emergency periods beginning on or after the 20 date of the enactment of this Act; and 21 (2) the emergency period relating to the public 22 health emergency declared by the Secretary of 23 Health and Human Services pursuant to section 319 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00388 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 389 •HR 6800 IH of the Public Health Service Act on January 31, 1 2020, entitled ‘‘Determination that a Public Health 2 Emergency Exists Nationwide as the Result of the 3 2019 Novel Coronavirus’’. 4 IMPROVEMENT OF CERTAIN NOTIFICATIONS PROVIDED TO 5 QUALIFIED BENEFICIARIES BY GROUP HEALTH 6 PLANS IN THE CASE OF QUALIFYING EVENTS 7 SEC. 30305. 8 (a) EMPLOYEE RETIREMENT INCOME SECURITY ACT 9 OF 1974.— 10 (1) IN GENERAL.—Section 606 of the Employee 11 Retirement Income Security Act of 1974 (29 U.S.C. 12 1166) is amended— 13 (A) in subsection (a)(4), in the matter fol- 14 lowing subparagraph (B), by striking ‘‘under 15 this subsection’’ and inserting ‘‘under this part 16 in accordance with the notification requirements 17 under subsection (c)’’; and 18 (B) in subsection (c)— 19 (i) by striking ‘‘For purposes of sub- 20 section (a)(4), any notification’’ and insert- 21 ing ‘‘For purposes of subsection (a)(4)— 22 ‘‘(1) any notification’’; 23 (ii) by striking ‘‘, whichever is applica- 24 ble, and any such notification’’ and insert- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00389 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 390 •HR 6800 IH ing ‘‘of subsection (a), whichever is appli- 1 cable; 2 ‘‘(2) any such notification’’; and 3 (iii) by striking ‘‘such notification is 4 made’’ and inserting ‘‘such notification is 5 made; and 6 ‘‘(3) any such notification shall, with respect to 7 each qualified beneficiary with respect to whom such 8 notification is made, include information regarding 9 any Exchange established under title I of the Pa- 10 tient Protection and Affordable Care Act through 11 which such a qualified beneficiary may be eligible to 12 enroll in a qualified health plan (as defined in sec- 13 tion 1301 of the Patient Protection and Affordable 14 Care Act), including— 15 ‘‘(A) the publicly accessible Internet 16 website address for such Exchange; 17 ‘‘(B) the publicly accessible Internet 18 website address for the Find Local Help direc- 19 tory maintained by the Department of Health 20 and Human Services on the healthcare.gov 21 Internet website (or a successor website); 22 ‘‘(C) a clear explanation that— 23 ‘‘(i) an individual who is eligible for 24 continuation coverage may also be eligible 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00390 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 391 •HR 6800 IH to enroll, with financial assistance, in a 1 qualified health plan offered through such 2 Exchange, but, in the case that such indi- 3 vidual elects to enroll in such continuation 4 coverage and subsequently elects to termi- 5 nate such continuation coverage before the 6 period of such continuation coverage ex- 7 pires, such individual will not be eligible to 8 enroll in a qualified health plan offered 9 through such Exchange during a special 10 enrollment period; and 11 ‘‘(ii) an individual who elects to enroll 12 in continuation coverage will remain eligi- 13 ble to enroll in a qualified health plan of- 14 fered through such Exchange during an 15 open enrollment period and may be eligible 16 for financial assistance with respect to en- 17 rolling in such a qualified health plan; 18 ‘‘(D) information on consumer protections 19 with respect to enrolling in a qualified health 20 plan offered through such Exchange, including 21 the requirement for such a qualified health plan 22 to provide coverage for essential health benefits 23 (as defined in section 1302(b) of the Patient 24 Protection and Affordable Care Act) and the re- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00391 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 392 •HR 6800 IH quirements applicable to such a qualified health 1 plan under part A of title XXVII of the Public 2 Health Service Act; and 3 ‘‘(E) information on the availability of fi- 4 nancial assistance with respect to enrolling in a 5 qualified health plan, including the maximum 6 income limit for eligibility for a premium tax 7 credit under section 36B of the Internal Rev- 8 enue Code of 1986.’’. 9 (2) EFFECTIVE DATE.—The amendments made 10 by paragraph (1) shall apply with respect to quali- 11 fying events occurring on or after the date that is 12 14 days after the date of the enactment of this Act. 13 (b) PUBLIC HEALTH SERVICE ACT.— 14 (1) IN GENERAL.—Section 2206 of the Public 15 Health Service Act (42 U.S.C. 300bb–6) is amend- 16 ed— 17 (A) by striking ‘‘In accordance’’ and in- 18 serting the following: 19 ‘‘(a) IN GENERAL.—In accordance’’; 20 (B) by striking ‘‘of such beneficiary’s 21 rights under this subsection’’ and inserting ‘‘of 22 such beneficiary’s rights under this title in ac- 23 cordance with the notification requirements 24 under subsection (b)’’; and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 393 •HR 6800 IH (C) by striking ‘‘For purposes of para- 1 graph (4),’’ and all that follows through ‘‘such 2 notification is made.’’ and inserting the fol- 3 lowing: 4 ‘‘(b) RULES RELATING TO NOTIFICATION OF QUALI- 5 FIED BENEFICIARIES BY PLAN ADMINISTRATOR.—For 6 purposes of subsection (a)(4)— 7 ‘‘(1) any notification shall be made within 14 8 days of the date on which the plan administrator is 9 notified under paragraph (2) or (3) of subsection 10 (a), whichever is applicable; 11 ‘‘(2) any such notification to an individual who 12 is a qualified beneficiary as the spouse of the cov- 13 ered employee shall be treated as notification to all 14 other qualified beneficiaries residing with such 15 spouse at the time such notification is made; and 16 ‘‘(3) any such notification shall, with respect to 17 each qualified beneficiary with respect to whom such 18 notification is made, include information regarding 19 any Exchange established under title I of the Pa- 20 tient Protection and Affordable Care Act through 21 which such a qualified beneficiary may be eligible to 22 enroll in a qualified health plan (as defined in sec- 23 tion 1301 of the Patient Protection and Affordable 24 Care Act), including— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 394 •HR 6800 IH ‘‘(A) the publicly accessible Internet 1 website address for such Exchange; 2 ‘‘(B) the publicly accessible Internet 3 website address for the Find Local Help direc- 4 tory maintained by the Department of Health 5 and Human Services on the healthcare.gov 6 Internet website (or a successor website); 7 ‘‘(C) a clear explanation that— 8 ‘‘(i) an individual who is eligible for 9 continuation coverage may also be eligible 10 to enroll, with financial assistance, in a 11 qualified health plan offered through such 12 Exchange, but, in the case that such indi- 13 vidual elects to enroll in such continuation 14 coverage and subsequently elects to termi- 15 nate such continuation coverage before the 16 period of such continuation coverage ex- 17 pires, such individual will not be eligible to 18 enroll in a qualified health plan offered 19 through such Exchange during a special 20 enrollment period; and 21 ‘‘(ii) an individual who elects to enroll 22 in continuation coverage will remain eligi- 23 ble to enroll in a qualified health plan of- 24 fered through such Exchange during an 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00394 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 395 •HR 6800 IH open enrollment period and may be eligible 1 for financial assistance with respect to en- 2 rolling in such a qualified health plan; 3 ‘‘(D) information on consumer protections 4 with respect to enrolling in a qualified health 5 plan offered through such Exchange, including 6 the requirement for such a qualified health plan 7 to provide coverage for essential health benefits 8 (as defined in section 1302(b) of the Patient 9 Protection and Affordable Care Act) and the re- 10 quirements applicable to such a qualified health 11 plan under part A of title XXVII; and 12 ‘‘(E) information on the availability of fi- 13 nancial assistance with respect to enrolling in a 14 qualified health plan, including the maximum 15 income limit for eligibility for a premium tax 16 credit under section 36B of the Internal Rev- 17 enue Code of 1986.’’. 18 (2) EFFECTIVE DATE.—The amendments made 19 by paragraph (1) shall apply with respect to quali- 20 fying events occurring on or after the date that is 21 14 days after the date of the enactment of this Act. 22 (c) INTERNAL REVENUE CODE OF 1986.— 23 (1) IN GENERAL.—Section 4980B(f)(6) of the 24 Internal Revenue Code of 1986 is amended— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00395 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 396 •HR 6800 IH (A) in subparagraph (D)— 1 (i) in clause (ii), by striking ‘‘under 2 subparagraph (C)’’ and inserting ‘‘under 3 clause (iii)’’; and 4 (ii) by redesignating clauses (i) and 5 (ii) as subclauses (I) and (II), respectively, 6 and moving the margin of each such sub- 7 clause, as so redesignated, 2 ems to the 8 right; 9 (B) by redesignating subparagraphs (A) 10 through (D) as clauses (i) through (iv), respec- 11 tively, and moving the margin of each such 12 clause, as so redesignated, 2 ems to the right; 13 (C) by striking ‘‘In accordance’’ and in- 14 serting the following: 15 ‘‘(A) IN GENERAL.—In accordance’’; 16 (D) by inserting after ‘‘of such bene- 17 ficiary’s rights under this subsection’’ the fol- 18 lowing: ‘‘in accordance with the notification re- 19 quirements under subparagraph (C)’’; and 20 (E) by striking ‘‘The requirements of sub- 21 paragraph (B)’’ and all that follows through 22 ‘‘such notification is made.’’ and inserting the 23 following: 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 397 •HR 6800 IH ‘‘(B) ALTERNATIVE MEANS OF COMPLI- 1 ANCE WITH REQUIREMENT FOR NOTIFICATION 2 OF MULTIEMPLOYER PLANS BY EMPLOYERS.— 3 The requirements of subparagraph (A)(ii) shall 4 be considered satisfied in the case of a multiem- 5 ployer plan in connection with a qualifying 6 event described in paragraph (3)(B) if the plan 7 provides that the determination of the occur- 8 rence of such qualifying event will be made by 9 the plan administrator. 10 ‘‘(C) RULES RELATING TO NOTIFICATION 11 OF QUALIFIED BENEFICIARIES BY PLAN ADMIN- 12 ISTRATOR.—For purposes of subparagraph 13 (A)(iv)— 14 ‘‘(i) any notification shall be made 15 within 14 days (or, in the case of a group 16 health plan which is a multiemployer plan, 17 such longer period of time as may be pro- 18 vided in the terms of the plan) of the date 19 on which the plan administrator is notified 20 under clause (ii) or (iii) of subparagraph 21 (A), whichever is applicable; 22 ‘‘(ii) any such notification to an indi- 23 vidual who is a qualified beneficiary as the 24 spouse of the covered employee shall be 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00397 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 398 •HR 6800 IH treated as notification to all other qualified 1 beneficiaries residing with such spouse at 2 the time such notification is made; and 3 ‘‘(iii) any such notification shall, with 4 respect to each qualified beneficiary with 5 respect to whom such notification is made, 6 include information regarding any Ex- 7 change established under title I of the Pa- 8 tient Protection and Affordable Care Act 9 through which such a qualified beneficiary 10 may be eligible to enroll in a qualified 11 health plan (as defined in section 1301 of 12 the Patient Protection and Affordable Care 13 Act), including— 14 ‘‘(I) the publicly accessible Inter- 15 net website address for such Ex- 16 change; 17 ‘‘(II) the publicly accessible 18 Internet website address for the Find 19 Local Help directory maintained by 20 the Department of Health and 21 Human Services on the healthcare.gov 22 Internet website (or a successor 23 website); 24 ‘‘(III) a clear explanation that— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00398 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 399 •HR 6800 IH ‘‘(aa) an individual who is 1 eligible for continuation coverage 2 may also be eligible to enroll, 3 with financial assistance, in a 4 qualified health plan offered 5 through such Exchange, but, in 6 the case that such individual 7 elects to enroll in such continu- 8 ation coverage and subsequently 9 elects to terminate such continu- 10 ation coverage before the period 11 of such continuation coverage ex- 12 pires, such individual will not be 13 eligible to enroll in a qualified 14 health plan offered through such 15 Exchange during a special enroll- 16 ment period; and 17 ‘‘(bb) an individual who 18 elects to enroll in continuation 19 coverage will remain eligible to 20 enroll in a qualified health plan 21 offered through such Exchange 22 during an open enrollment period 23 and may be eligible for financial 24 assistance with respect to enroll- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 400 •HR 6800 IH ing in such a qualified health 1 plan; 2 ‘‘(IV) information on consumer 3 protections with respect to enrolling in 4 a qualified health plan offered 5 through such Exchange, including the 6 requirement for such a qualified 7 health plan to provide coverage for es- 8 sential health benefits (as defined in 9 section 1302(b) of the Patient Protec- 10 tion and Affordable Care Act) and the 11 requirements applicable to such a 12 qualified health plan under part A of 13 title XXVII of the Public Health 14 Service Act; and 15 ‘‘(V) information on the avail- 16 ability of financial assistance with re- 17 spect to enrolling in a qualified health 18 plan, including the maximum income 19 limit for eligibility for a premium tax 20 credit under section 36B.’’. 21 (2) EFFECTIVE DATE.—The amendments made 22 by paragraph (1) shall apply with respect to quali- 23 fying events occurring on or after the date that is 24 14 days after the date of the enactment of this Act. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 401 •HR 6800 IH (d) MODEL NOTICES.—Not later than 14 days after 1 the date of the enactment of this Act, the Secretary of 2 the Labor, in consultation with the Secretary of the Treas- 3 ury and the Secretary of Health and Human Services, 4 shall— 5 (1) update the model Consolidated Omnibus 6 Budget Reconciliation Act of 1985 (referred to in 7 this subsection as ‘‘COBRA’’) continuation coverage 8 general notice and the model COBRA continuation 9 coverage election notice developed by the Secretary 10 of Labor for purposes of facilitating compliance of 11 group health plans with the notification require- 12 ments under section 606 of the Employee Retire- 13 ment Income Security Act of 1974 (29 U.S.C. 1166) 14 to include the information described in paragraph 15 (3) of subsection (c) of such section 606, as added 16 by subsection (a)(1); 17 (2) provide an opportunity for consumer testing 18 of each such notice, as so updated, to ensure that 19 each such notice is clear and understandable to the 20 average participant or beneficiary of a group health 21 plan; and 22 (3) rename the model COBRA continuation 23 coverage general notice and the model COBRA con- 24 tinuation coverage election notice as the ‘‘model 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00401 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 402 •HR 6800 IH COBRA continuation coverage and Affordable Care 1 Act coverage general notice’’ and the ‘‘model 2 COBRA continuation coverage and Affordable Care 3 Act coverage election notice’’, respectively. 4 SOONER COVERAGE OF TESTING FOR COVID–19 5 SEC. 30306. 6 Section 6001(a) of division F of the Families First 7 Coronavirus Response Act (42 U.S.C. 1320b–5 note) is 8 amended by striking ‘‘beginning on or after’’ and inserting 9 ‘‘beginning before, on, or after’’. 10 Subtitle B—Worker Health Coverage Protection 11 SHORT TITLE 12 SEC. 30311. 13 This subtitle may be cited as the ‘‘Worker Health 14 Coverage Protection Act’’. 15 PRESERVING HEALTH BENEFITS FOR WORKERS 16 SEC. 30312. 17 (a) PREMIUM ASSISTANCE FOR COBRA CONTINU- 18 ATION COVERAGE AND FURLOUGHED CONTINUATION 19 COVERAGE FOR INDIVIDUALS AND THEIR FAMILIES.— 20 (1) PROVISION OF PREMIUM ASSISTANCE.— 21 (A) REDUCTION OF PREMIUMS PAY- 22 ABLE.— 23 (i) COBRA CONTINUATION COV- 24 ERAGE.—In the case of any premium for a 25 period of coverage during the period begin- 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00402 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 403 •HR 6800 IH ning on March 1, 2020, and ending on 1 January 31, 2021 for COBRA continu- 2 ation coverage with respect to any assist- 3 ance eligible individual described in para- 4 graph (3)(A), such individual shall be 5 treated for purposes of any COBRA con- 6 tinuation provision as having paid the 7 amount of such premium if such individual 8 pays (and any person other than such indi- 9 vidual’s employer pays on behalf of such 10 individual) 0 percent of the amount of 11 such premium owed by such individual (as 12 determined without regard to this sub- 13 section). 14 (ii) FURLOUGHED CONTINUATION 15 COVERAGE.—In the case of any premium 16 for a period of coverage during the period 17 beginning on March 1, 2020, and ending 18 on January 31, 2021 for coverage under a 19 group health plan with respect to any as- 20 sistance eligible individual described in 21 paragraph (3)(B), such individual shall be 22 treated for purposes of coverage under the 23 plan offered by the plan sponsor in which 24 the individual is enrolled as having paid 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00403 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 404 •HR 6800 IH the amount of such premium if such indi- 1 vidual pays (and any person other than 2 such individual’s employer pays on behalf 3 of such individual) 0 percent of the 4 amount of such premium owed by such in- 5 dividual (as determined without regard to 6 this subsection). 7 (B) PLAN ENROLLMENT OPTION.— 8 (i) IN GENERAL.—Notwithstanding 9 the COBRA continuation provisions, any 10 assistance eligible individual who is en- 11 rolled in a group health plan offered by a 12 plan sponsor may, not later than 90 days 13 after the date of notice of the plan enroll- 14 ment option described in this subpara- 15 graph, elect to enroll in coverage under a 16 plan offered by such plan sponsor that is 17 different than coverage under the plan in 18 which such individual was enrolled at the 19 time— 20 (I) in the case of any assistance 21 eligible individual described in para- 22 graph (3)(A), the qualifying event 23 specified in section 603(2) of the Em- 24 ployee Retirement Income Security 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00404 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 405 •HR 6800 IH Act of 1974, section 4980B(f)(3)(B) 1 of the Internal Revenue Code of 1986, 2 section 2203(2) of the Public Health 3 Service Act, or section 8905a of title 4 5, United States Code (except for the 5 voluntary termination of such individ- 6 ual’s employment by such individual), 7 occurred, and such coverage shall be 8 treated as COBRA continuation cov- 9 erage for purposes of the applicable 10 COBRA continuation coverage provi- 11 sion; or 12 (II) in the case of any assistance 13 eligible individual described in para- 14 graph (3)(B), the furlough period 15 began with respect to such individual. 16 (ii) REQUIREMENTS.—Any assistance 17 eligible individual may elect to enroll in 18 different coverage as described in clause (i) 19 only if— 20 (I) the employer involved has 21 made a determination that such em- 22 ployer will permit such assistance eli- 23 gible individual to enroll in different 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00405 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 406 •HR 6800 IH coverage as provided under this sub- 1 paragraph; 2 (II) the premium for such dif- 3 ferent coverage does not exceed the 4 premium for coverage in which such 5 individual was enrolled at the time 6 such qualifying event occurred or im- 7 mediately before such furlough began; 8 (III) the different coverage in 9 which the individual elects to enroll is 10 coverage that is also offered to the ac- 11 tive employees of the employer, who 12 are not in a furlough period, at the 13 time at which such election is made; 14 and 15 (IV) the different coverage in 16 which the individual elects to enroll is 17 not— 18 (aa) coverage that provides 19 only dental, vision, counseling, or 20 referral services (or a combina- 21 tion of such services); 22 (bb) a qualified small em- 23 ployer health reimbursement ar- 24 rangement (as defined in section 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00406 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 407 •HR 6800 IH 9831(d)(2) of the Internal Rev- 1 enue Code of 1986); 2 (cc) a flexible spending ar- 3 rangement (as defined in section 4 106(c)(2) of the Internal Rev- 5 enue Code of 1986); or 6 (dd) benefits that provide 7 coverage for services or treat- 8 ments furnished in an on-site 9 medical facility maintained by 10 the employer and that consists 11 primarily of first-aid services, 12 prevention and wellness care, or 13 similar care (or a combination of 14 such care). 15 (C) PREMIUM REIMBURSEMENT.—For pro- 16 visions providing the payment of such premium, 17 see section 6432 of the Internal Revenue Code 18 of 1986, as added by paragraph (14). 19 (2) LIMITATION OF PERIOD OF PREMIUM AS- 20 SISTANCE.— 21 (A) ELIGIBILITY FOR ADDITIONAL COV- 22 ERAGE.—Paragraph (1)(A) shall not apply with 23 respect to— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 408 •HR 6800 IH (i) any assistance eligible individual 1 described in paragraph (3)(A) for months 2 of coverage beginning on or after the ear- 3 lier of— 4 (I) the first date that such indi- 5 vidual is eligible for coverage under 6 any other group health plan (other 7 than coverage consisting of only den- 8 tal, vision, counseling, or referral serv- 9 ices (or a combination thereof), cov- 10 erage under a flexible spending ar- 11 rangement (as defined in section 12 106(c)(2) of the Internal Revenue 13 Code of 1986), coverage of treatment 14 that is furnished in an on-site medical 15 facility maintained by the employer 16 and that consists primarily of first-aid 17 services, prevention and wellness care, 18 or similar care (or a combination 19 thereof)), or eligible for benefits under 20 the Medicare program under title 21 XVIII of the Social Security Act; or 22 (II) the earliest of— 23 (aa) the date following the 24 expiration of the maximum pe- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00408 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 409 •HR 6800 IH riod of continuation coverage re- 1 quired under the applicable 2 COBRA continuation coverage 3 provision; or 4 (bb) the date following the 5 expiration of the period of con- 6 tinuation coverage allowed under 7 paragraph (4)(B)(ii); or 8 (ii) any assistance eligible individual 9 described in paragraph (3)(B) for months 10 of coverage beginning on or after the ear- 11 lier of— 12 (I) the first date that such indi- 13 vidual is eligible for coverage under 14 any other group health plan (other 15 than coverage consisting of only den- 16 tal, vision, counseling, or referral serv- 17 ices (or a combination thereof), cov- 18 erage under a flexible spending ar- 19 rangement (as defined in section 20 106(c)(2) of the Internal Revenue 21 Code of 1986), coverage of treatment 22 that is furnished in an on-site medical 23 facility maintained by the employer 24 and that consists primarily of first-aid 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00409 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 410 •HR 6800 IH services, prevention and wellness care, 1 or similar care (or a combination 2 thereof)), or eligible for benefits under 3 the Medicare program under title 4 XVIII of the Social Security Act; or 5 (II) the first date that such indi- 6 vidual is no longer in the furlough pe- 7 riod. 8 (B) NOTIFICATION REQUIREMENT.—Any 9 assistance eligible individual shall notify the 10 group health plan with respect to which para- 11 graph (1)(A) applies if such paragraph ceases 12 to apply by reason of clause (i)(I) or (ii)(I) of 13 subparagraph (A) (as applicable). Such notice 14 shall be provided to the group health plan in 15 such time and manner as may be specified by 16 the Secretary of Labor. 17 (C) SPECIAL ENROLLMENT PERIOD FOL- 18 LOWING EXPIRATION OF PREMIUM ASSIST- 19 ANCE.—Notwithstanding section 1311 of the 20 Patient Protection and Affordable Care Act (42 21 U.S.C. 18031), the expiration of premium as- 22 sistance pursuant to a limitation specified 23 under subparagraph (A) shall be treated as a 24 qualifying event for which any assistance eligi- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00410 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 411 •HR 6800 IH ble individual is eligible to enroll in a qualified 1 health plan offered through an Exchange under 2 title I of such Act (42 U.S.C. 18001 et seq.) 3 during a special enrollment period. 4 (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For 5 purposes of this section, the term ‘‘assistance eligible 6 individual’’ means, with respect to a period of cov- 7 erage during the period beginning on March 1, 8 2020, and ending on January 31, 2021— 9 (A) any individual that is a qualified bene- 10 ficiary that— 11 (i) is eligible for COBRA continuation 12 coverage by reason of a qualifying event 13 specified in section 603(2) of the Employee 14 Retirement Income Security Act of 1974, 15 section 4980B(f)(3)(B) of the Internal 16 Revenue Code of 1986, section 2203(2) of 17 the Public Health Service Act, or section 18 8905a of title 5, United States Code (ex- 19 cept for the voluntary termination of such 20 individual’s employment by such indi- 21 vidual); and 22 (ii) elects such coverage; or 23 (B) any covered employee that is in a fur- 24 lough period that remains eligible for coverage 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00411 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 412 •HR 6800 IH under a group health plan offered by the em- 1 ployer of such covered employee. 2 (4) EXTENSION OF ELECTION PERIOD AND EF- 3 FECT ON COVERAGE.— 4 (A) IN GENERAL.—For purposes of apply- 5 ing section 605(a) of the Employee Retirement 6 Income Security Act of 1974, section 7 4980B(f)(5)(A) of the Internal Revenue Code 8 of 1986, section 2205(a) of the Public Health 9 Service Act, and section 8905a(c)(2) of title 5, 10 United States Code, in the case of— 11 (i) an individual who does not have an 12 election of COBRA continuation coverage 13 in effect on the date of the enactment of 14 this Act but who would be an assistance el- 15 igible individual described in paragraph 16 (3)(A) if such election were so in effect; or 17 (ii) an individual who elected COBRA 18 continuation coverage on or after March 1, 19 2020, and discontinued from such coverage 20 before the date of the enactment of this 21 Act, 22 such individual may elect the COBRA continu- 23 ation coverage under the COBRA continuation 24 coverage provisions containing such provisions 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00412 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 413 •HR 6800 IH during the period beginning on the date of the 1 enactment of this Act and ending 60 days after 2 the date on which the notification required 3 under paragraph (7)(C) is provided to such in- 4 dividual. 5 (B) COMMENCEMENT OF COBRA CONTINU- 6 ATION COVERAGE.—Any COBRA continuation 7 coverage elected by a qualified beneficiary dur- 8 ing an extended election period under subpara- 9 graph (A)— 10 (i) shall apply as if such qualified ben- 11 eficiary had been covered as of the date of 12 a qualifying event specified in section 13 603(2) of the Employee Retirement In- 14 come Security Act of 1974, section 15 4980B(f)(3)(B) of the Internal Revenue 16 Code of 1986, section 2203(2) of the Pub- 17 lic Health Service Act, or section 8905a of 18 title 5, United States Code, except for the 19 voluntary termination of such beneficiary’s 20 employment by such beneficiary, that oc- 21 curs no earlier than March 1, 2020 (in- 22 cluding the treatment of premium pay- 23 ments under paragraph (1)(A) and any 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00413 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 414 •HR 6800 IH cost-sharing requirements for items and 1 services under a group health plan); and 2 (ii) shall not extend beyond the period 3 of COBRA continuation coverage that 4 would have been required under the appli- 5 cable COBRA continuation coverage provi- 6 sion if the coverage had been elected as re- 7 quired under such provision. 8 (5) EXPEDITED REVIEW OF DENIALS OF PRE- 9 MIUM ASSISTANCE.—In any case in which an indi- 10 vidual requests treatment as an assistance eligible 11 individual described in subparagraph (A) or (B) of 12 paragraph (3) and is denied such treatment by the 13 group health plan, the Secretary of Labor (or the 14 Secretary of Health and Human Services in connec- 15 tion with COBRA continuation coverage which is 16 provided other than pursuant to part 6 of subtitle B 17 of title I of the Employee Retirement Income Secu- 18 rity Act of 1974), in consultation with the Secretary 19 of the Treasury, shall provide for expedited review of 20 such denial. An individual shall be entitled to such 21 review upon application to such Secretary in such 22 form and manner as shall be provided by such Sec- 23 retary, in consultation with the Secretary of Treas- 24 ury. Such Secretary shall make a determination re- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00414 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 415 •HR 6800 IH garding such individual’s eligibility within 15 busi- 1 ness days after receipt of such individual’s applica- 2 tion for review under this paragraph. Either Sec- 3 retary’s determination upon review of the denial 4 shall be de novo and shall be the final determination 5 of such Secretary. A reviewing court shall grant def- 6 erence to such Secretary’s determination. The provi- 7 sions of this paragraph, paragraphs (1) through (4), 8 and paragraphs (7) through (9) shall be treated as 9 provisions of title I of the Employee Retirement In- 10 come Security Act of 1974 for purposes of part 5 of 11 subtitle B of such title. 12 (6) DISREGARD OF SUBSIDIES FOR PURPOSES 13 OF FEDERAL AND STATE PROGRAMS.—Notwith- 14 standing any other provision of law, any premium 15 assistance with respect to an assistance eligible indi- 16 vidual under this subsection shall not be considered 17 income, in-kind support, or resources for purposes of 18 determining the eligibility of the recipient (or the re- 19 cipient’s spouse or family) for benefits or assistance, 20 or the amount or extent of benefits or assistance, or 21 any other benefit provided under any Federal pro- 22 gram or any program of a State or political subdivi- 23 sion thereof financed in whole or in part with Fed- 24 eral funds. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 416 •HR 6800 IH (7) COBRA-SPECIFIC NOTICE.— 1 (A) GENERAL NOTICE.— 2 (i) IN GENERAL.—In the case of no- 3 tices provided under section 606(a)(4) of 4 the Employee Retirement Income Security 5 Act of 1974 (29 U.S.C. 1166(4)), section 6 4980B(f)(6)(D) of the Internal Revenue 7 Code of 1986, section 2206(4) of the Pub- 8 lic Health Service Act (42 U.S.C. 300bb– 9 6(4)), or section 8905a(f)(2)(A) of title 5, 10 United States Code, with respect to indi- 11 viduals who, during the period described in 12 paragraph (3), become entitled to elect 13 COBRA continuation coverage, the re- 14 quirements of such provisions shall not be 15 treated as met unless such notices include 16 an additional notification to the recipient a 17 written notice in clear and understandable 18 language of— 19 (I) the availability of premium 20 assistance with respect to such cov- 21 erage under this subsection; and 22 (II) the option to enroll in dif- 23 ferent coverage if the employer per- 24 mits assistance eligible individuals de- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 417 •HR 6800 IH scribed in paragraph (3)(A) to elect 1 enrollment in different coverage (as 2 described in paragraph (1)(B)). 3 (ii) ALTERNATIVE NOTICE.—In the 4 case of COBRA continuation coverage to 5 which the notice provision under such sec- 6 tions does not apply, the Secretary of 7 Labor, in consultation with the Secretary 8 of the Treasury and the Secretary of 9 Health and Human Services, shall, in con- 10 sultation with administrators of the group 11 health plans (or other entities) that provide 12 or administer the COBRA continuation 13 coverage involved, provide rules requiring 14 the provision of such notice. 15 (iii) FORM.—The requirement of the 16 additional notification under this subpara- 17 graph may be met by amendment of exist- 18 ing notice forms or by inclusion of a sepa- 19 rate document with the notice otherwise 20 required. 21 (B) SPECIFIC REQUIREMENTS.—Each ad- 22 ditional notification under subparagraph (A) 23 shall include— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00417 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 418 •HR 6800 IH (i) the forms necessary for estab- 1 lishing eligibility for premium assistance 2 under this subsection; 3 (ii) the name, address, and telephone 4 number necessary to contact the plan ad- 5 ministrator and any other person main- 6 taining relevant information in connection 7 with such premium assistance; 8 (iii) a description of the extended elec- 9 tion period provided for in paragraph 10 (4)(A); 11 (iv) a description of the obligation of 12 the qualified beneficiary under paragraph 13 (2)(B) and the penalty provided under sec- 14 tion 6720C of the Internal Revenue Code 15 of 1986 for failure to carry out the obliga- 16 tion; 17 (v) a description, displayed in a 18 prominent manner, of the qualified bene- 19 ficiary’s right to a reduced premium and 20 any conditions on entitlement to the re- 21 duced premium; 22 (vi) a description of the option of the 23 qualified beneficiary to enroll in different 24 coverage if the employer permits such ben- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 419 •HR 6800 IH eficiary to elect to enroll in such different 1 coverage under paragraph (1)(B); and 2 (vii) information regarding any Ex- 3 change established under title I of the Pa- 4 tient Protection and Affordable Care Act 5 (42 U.S.C. 18001 et seq.) through which a 6 qualified beneficiary may be eligible to en- 7 roll in a qualified health plan, including— 8 (I) the publicly accessible inter- 9 net website address for such Ex- 10 change; 11 (II) the publicly accessible inter- 12 net website address for the Find 13 Local Help directory maintained by 14 the Department of Health and 15 Human Services on the healthcare.gov 16 internet website (or a successor 17 website); 18 (III) a clear explanation that— 19 (aa) an individual who is eli- 20 gible for continuation coverage 21 may also be eligible to enroll, 22 with financial assistance, in a 23 qualified health plan offered 24 through such Exchange, but, in 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00419 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 420 •HR 6800 IH the case that such individual 1 elects to enroll in such continu- 2 ation coverage and subsequently 3 elects to terminate such continu- 4 ation coverage before the period 5 of such continuation coverage ex- 6 pires, such termination does not 7 initiate a special enrollment pe- 8 riod (absent a qualifying event 9 specified in section 603(2) of the 10 Employee Retirement Income Se- 11 curity Act of 1974, section 12 4980B(f)(3)(B) of the Internal 13 Revenue Code of 1986, section 14 2203(2) of the Public Health 15 Service Act, or section 8905a of 16 title 5, United States Code, with 17 respect to such individual); and 18 (bb) an individual who elects 19 to enroll in continuation coverage 20 will remain eligible to enroll in a 21 qualified health plan offered 22 through such Exchange during 23 an open enrollment period and 24 may be eligible for financial as- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00420 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 421 •HR 6800 IH sistance with respect to enrolling 1 in such a qualified health plan; 2 (IV) information on consumer 3 protections with respect to enrolling in 4 a qualified health plan offered 5 through such Exchange, including the 6 requirement for such a qualified 7 health plan to provide coverage for es- 8 sential health benefits (as defined in 9 section 1302(b) of such Act (42 10 U.S.C. 18022(b))) and the require- 11 ments applicable to such a qualified 12 health plan under part A of title 13 XXVII of the Public Health Service 14 Act (42 U.S.C. 300gg et seq.); 15 (V) information on the avail- 16 ability of financial assistance with re- 17 spect to enrolling in a qualified health 18 plan, including the maximum income 19 limit for eligibility for the premium 20 tax credit under section 36B of the 21 Internal Revenue Code of 1986; and 22 (VI) information on any special 23 enrollment periods during which any 24 assistance eligible individual described 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00421 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 422 •HR 6800 IH in paragraph (3)(A)(i) may be eligible 1 to enroll, with financial assistance, in 2 a qualified health plan offered 3 through such Exchange (including a 4 special enrollment period for which an 5 individual may be eligible due to the 6 expiration of premium assistance pur- 7 suant to a limitation specified under 8 paragraph (2)(A)). 9 (C) NOTICE IN CONNECTION WITH EX- 10 TENDED ELECTION PERIODS.—In the case of 11 any assistance eligible individual described in 12 paragraph (3)(A) (or any individual described 13 in paragraph (4)(A)) who became entitled to 14 elect COBRA continuation coverage before the 15 date of the enactment of this Act, the adminis- 16 trator of the applicable group health plan (or 17 other entity) shall provide (within 60 days after 18 the date of enactment of this Act) for the addi- 19 tional notification required to be provided under 20 subparagraph (A) and failure to provide such 21 notice shall be treated as a failure to meet the 22 notice requirements under the applicable 23 COBRA continuation provision. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00422 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 423 •HR 6800 IH (D) MODEL NOTICES.—Not later than 30 1 days after the date of enactment of this Act, 2 with respect to any assistance eligible individual 3 described in paragraph (3)(A)— 4 (i) the Secretary of Labor, in con- 5 sultation with the Secretary of the Treas- 6 ury and the Secretary of Health and 7 Human Services, shall prescribe models for 8 the additional notification required under 9 this paragraph (other than the additional 10 notification described in clause (ii)); and 11 (ii) in the case of any additional noti- 12 fication provided pursuant to subpara- 13 graph (A) under section 8905a(f)(2)(A) of 14 title 5, United States Code, the Office of 15 Personnel Management shall prescribe a 16 model for such additional notification. 17 (8) FURLOUGH-SPECIFIC NOTICE.— 18 (A) IN GENERAL.—With respect to any as- 19 sistance eligible individual described in para- 20 graph (3)(B) who, during the period described 21 in such paragraph, becomes eligible for assist- 22 ance pursuant to paragraph (1)(A)(ii), the re- 23 quirements of section 606(a)(4) of the Em- 24 ployee Retirement Income Security Act of 1974 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00423 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 424 •HR 6800 IH (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) of 1 the Internal Revenue Code of 1986, section 2 2206(4) of the Public Health Service Act (42 3 U.S.C. 300bb–6(4)), or section 8905a(f)(2)(A) 4 of title 5, United States Code, shall not be 5 treated as met unless the group health plan ad- 6 ministrator, in accordance with the timing re- 7 quirement specified under subparagraph (B), 8 provides to the individual a written notice in 9 clear and understandable language of— 10 (i) the availability of premium assist- 11 ance with respect to such coverage under 12 this subsection; 13 (ii) the option of the qualified bene- 14 ficiary to enroll in different coverage if the 15 employer permits such beneficiary to elect 16 to enroll in such different coverage under 17 paragraph (1)(B); and 18 (iii) the information specified under 19 paragraph (7)(B) (as applicable). 20 (B) TIMING SPECIFIED.—For purposes of 21 subparagraph (A), the timing requirement spec- 22 ified in this subparagraph is— 23 (i) with respect to such an individual 24 who is within a furlough period during the 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00424 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 425 •HR 6800 IH period beginning on March 1, 2020, and 1 ending on the date of the enactment of this 2 Act, 30 days after the date of such enact- 3 ment; and 4 (ii) with respect to such an individual 5 who is within a furlough period during the 6 period beginning on the first day after the 7 date of the enactment of this Act and end- 8 ing on January 31, 2021, 30 days after 9 the date of the beginning of such furlough 10 period. 11 (C) MODEL NOTICES.—Not later than 30 12 days after the date of enactment of this Act, 13 with respect to any assistance eligible individual 14 described in paragraph (3)(B)— 15 (i) the Secretary of Labor, in con- 16 sultation with the Secretary of the Treas- 17 ury and the Secretary of Health and 18 Human Services, shall prescribe models for 19 the notification required under this para- 20 graph (other than the notification de- 21 scribed in clause (ii)); and 22 (ii) in the case of any notification pro- 23 vided pursuant to subparagraph (A) under 24 section 8905a(f)(2)(A) of title 5, United 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00425 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 426 •HR 6800 IH States Code, the Office of Personnel Man- 1 agement shall prescribe a model for such 2 notification. 3 (9) NOTICE OF EXPIRATION OF PERIOD OF 4 PREMIUM ASSISTANCE.— 5 (A) IN GENERAL.—With respect to any as- 6 sistance eligible individual, subject to subpara- 7 graph (B), the requirements of section 8 606(a)(4) of the Employee Retirement Income 9 Security Act of 1974 (29 U.S.C. 1166(4)), sec- 10 tion 4980B(f)(6)(D) of the Internal Revenue 11 Code of 1986, section 2206(4) of the Public 12 Health Service Act (42 U.S.C. 300bb–6(4)), or 13 section 8905a(f)(2)(A) of title 5, United States 14 Code, shall not be treated as met unless the 15 employer of the individual, during the period 16 specified under subparagraph (C), provides to 17 such individual a written notice in clear and un- 18 derstandable language— 19 (i) that the premium assistance for 20 such individual will expire soon and the 21 prominent identification of the date of 22 such expiration; 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00426 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 427 •HR 6800 IH (ii) that such individual may be eligi- 1 ble for coverage without any premium as- 2 sistance through— 3 (I) COBRA continuation cov- 4 erage; or 5 (II) coverage under a group 6 health plan; 7 (iii) that the expiration of premium 8 assistance is treated as a qualifying event 9 for which any assistance eligible individual 10 is eligible to enroll in a qualified health 11 plan offered through an Exchange under 12 title I of such Act (42 U.S.C. 18001 et 13 seq.) during a special enrollment period; 14 and 15 (iv) the information specified in para- 16 graph (7)(B)(vii). 17 (B) EXCEPTION.—The requirement for the 18 group health plan administrator to provide the 19 written notice under subparagraph (A) shall be 20 waived in the case the premium assistance for 21 such individual expires pursuant to clause (i)(I) 22 or (ii)(I) of paragraph (2)(A). 23 (C) PERIOD SPECIFIED.—For purposes of 24 subparagraph (A), the period specified in this 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 428 •HR 6800 IH subparagraph is, with respect to the date of ex- 1 piration of premium assistance for any assist- 2 ance eligible individual pursuant to a limitation 3 requiring a notice under this paragraph, the pe- 4 riod beginning on the day that is 45 days before 5 the date of such expiration and ending on the 6 day that is 15 days before the date of such ex- 7 piration. 8 (D) MODEL NOTICES.—Not later than 30 9 days after the date of enactment of this Act, 10 with respect to any assistance eligible indi- 11 vidual— 12 (i) the Secretary of Labor, in con- 13 sultation with the Secretary of the Treas- 14 ury and the Secretary of Health and 15 Human Services, shall prescribe models for 16 the notification required under this para- 17 graph (other than the notification de- 18 scribed in clause (ii)); and 19 (ii) in the case of any notification pro- 20 vided pursuant to subparagraph (A) under 21 section 8905a(f)(2)(A) of title 5, United 22 States Code, the Office of Personnel Man- 23 agement shall prescribe a model for such 24 notification. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00428 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 429 •HR 6800 IH (10) REGULATIONS.—The Secretary of the 1 Treasury and the Secretary of Labor may jointly 2 prescribe such regulations or other guidance as may 3 be necessary or appropriate to carry out the provi- 4 sions of this subsection, including the prevention of 5 fraud and abuse under this subsection, except that 6 the Secretary of Labor and the Secretary of Health 7 and Human Services may prescribe such regulations 8 (including interim final regulations) or other guid- 9 ance as may be necessary or appropriate to carry 10 out the provisions of paragraphs (5), (7), (8), (9), 11 and (11). 12 (11) OUTREACH.— 13 (A) IN GENERAL.—The Secretary of 14 Labor, in consultation with the Secretary of the 15 Treasury and the Secretary of Health and 16 Human Services, shall provide outreach con- 17 sisting of public education and enrollment as- 18 sistance relating to premium assistance pro- 19 vided under this subsection. Such outreach shall 20 target employers, group health plan administra- 21 tors, public assistance programs, States, insur- 22 ers, and other entities as determined appro- 23 priate by such Secretaries. Such outreach shall 24 include an initial focus on those individuals 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 430 •HR 6800 IH electing continuation coverage who are referred 1 to in paragraph (7)(C). Information on such 2 premium assistance, including enrollment, shall 3 also be made available on websites of the De- 4 partments of Labor, Treasury, and Health and 5 Human Services. 6 (B) ENROLLMENT UNDER MEDICARE.— 7 The Secretary of Health and Human Services 8 shall provide outreach consisting of public edu- 9 cation. Such outreach shall target individuals 10 who lose health insurance coverage. Such out- 11 reach shall include information regarding en- 12 rollment for benefits under title XVIII of the 13 Social Security Act (42 U.S.C. 1395 et seq.) for 14 purposes of preventing mistaken delays of such 15 enrollment by such individuals, including life- 16 time penalties for failure of timely enrollment. 17 (12) DEFINITIONS.—For purposes of this sec- 18 tion: 19 (A) ADMINISTRATOR.—The term ‘‘admin- 20 istrator’’ has the meaning given such term in 21 section 3(16)(A) of the Employee Retirement 22 Income Security Act of 1974. 23 (B) COBRA CONTINUATION COVERAGE.— 24 The term ‘‘COBRA continuation coverage’’ 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 431 •HR 6800 IH means continuation coverage provided pursuant 1 to part 6 of subtitle B of title I of the Em- 2 ployee Retirement Income Security Act of 1974 3 (other than under section 609), title XXII of 4 the Public Health Service Act, section 4980B of 5 the Internal Revenue Code of 1986 (other than 6 subsection (f)(1) of such section insofar as it 7 relates to pediatric vaccines), or section 8905a 8 of title 5, United States Code, or under a State 9 program that provides comparable continuation 10 coverage. Such term does not include coverage 11 under a health flexible spending arrangement 12 under a cafeteria plan within the meaning of 13 section 125 of the Internal Revenue Code of 14 1986. 15 (C) COBRA CONTINUATION PROVISION.— 16 The term ‘‘COBRA continuation provision’’ 17 means the provisions of law described in sub- 18 paragraph (B). 19 (D) COVERED EMPLOYEE.—The term 20 ‘‘covered employee’’ has the meaning given such 21 term in section 607(2) of the Employee Retire- 22 ment Income Security Act of 1974. 23 (E) QUALIFIED BENEFICIARY.—The term 24 ‘‘qualified beneficiary’’ has the meaning given 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00431 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 432 •HR 6800 IH such term in section 607(3) of the Employee 1 Retirement Income Security Act of 1974. 2 (F) GROUP HEALTH PLAN.—The term 3 ‘‘group health plan’’ has the meaning given 4 such term in section 607(1) of the Employee 5 Retirement Income Security Act of 1974. 6 (G) STATE.—The term ‘‘State’’ includes 7 the District of Columbia, the Commonwealth of 8 Puerto Rico, the Virgin Islands, Guam, Amer- 9 ican Samoa, and the Commonwealth of the 10 Northern Mariana Islands. 11 (H) PERIOD OF COVERAGE.—Any ref- 12 erence in this subsection to a period of coverage 13 shall be treated as a reference to a monthly or 14 shorter period of coverage with respect to which 15 premiums are charged with respect to such cov- 16 erage. 17 (I) PLAN SPONSOR.—The term ‘‘plan 18 sponsor’’ has the meaning given such term in 19 section 3(16)(B) of the Employee Retirement 20 Income Security Act of 1974. 21 (J) FURLOUGH PERIOD.— 22 (i) IN GENERAL.—The term ‘‘furlough 23 period’’ means, with respect to an indi- 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00432 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 433 •HR 6800 IH vidual and an employer of such individual, 1 a period— 2 (I) beginning with the first 3 month beginning on or after March 1, 4 2020 and before January 31, 2021, 5 during which such individual’s em- 6 ployer reduces such individual’s work 7 hours (due to a lack of work, funds, 8 or other nondisciplinary reason) to an 9 amount that is less than 70 percent of 10 the base month amount; and 11 (II) ending with the earlier of— 12 (aa) the first month begin- 13 ning after January 31, 2021; or 14 (bb) the month following the 15 first month during which work 16 hours of such employee are great- 17 er than 80 percent of work hours 18 of the base month amount. 19 (ii) BASE MONTH AMOUNT.—For pur- 20 poses of clause (i), the term ‘‘base month 21 amount’’ means, with respect to an indi- 22 vidual and an employer of such individual, 23 the greater of— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00433 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 434 •HR 6800 IH (I) such individual’s work hours 1 in the month prior (or in the case 2 such individual had no work hours in 3 the month prior and had work hours 4 in the 3 months prior, the last month 5 with work hours within the prior 3 6 months); and 7 (II) such individual’s work hours 8 during the period beginning January 9 1, 2020 and ending January 31, 10 2020. 11 (13) REPORTS.— 12 (A) INTERIM REPORT.—The Secretary of 13 the Treasury and the Secretary of Labor shall 14 jointly submit an interim report to the Com- 15 mittee on Education and Labor, the Committee 16 on Ways and Means, and the Committee on En- 17 ergy and Commerce of the House of Represent- 18 atives and the Committee on Health, Edu- 19 cation, Labor, and Pensions and the Committee 20 on Finance of the Senate regarding the pre- 21 mium assistance provided under this subsection 22 that includes— 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 435 •HR 6800 IH (i) the number of individuals provided 1 such assistance as of the date of the re- 2 port; and 3 (ii) the total amount of expenditures 4 incurred (with administrative expenditures 5 noted separately) in connection with such 6 assistance as of the date of the report. 7 (B) FINAL REPORT.—As soon as prac- 8 ticable after the last period of COBRA continu- 9 ation coverage for which premium assistance is 10 provided under this section, the Secretary of the 11 Treasury and the Secretary of Labor shall 12 jointly submit a final report to each Committee 13 referred to in subparagraph (A) that includes— 14 (i) the number of individuals provided 15 premium assistance under this section; 16 (ii) the average dollar amount 17 (monthly and annually) of premium assist- 18 ance provided to such individuals; and 19 (iii) the total amount of expenditures 20 incurred (with administrative expenditures 21 noted separately) in connection with pre- 22 mium assistance under this section. 23 (14) COBRA PREMIUM ASSISTANCE.— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00435 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 436 •HR 6800 IH (A) IN GENERAL.—Subchapter B of chap- 1 ter 65 of the Internal Revenue Code of 1986 is 2 amended by adding at the end the following 3 new section: 4 ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSIST- 5 ANCE. 6 ‘‘(a) IN GENERAL.—The person to whom premiums 7 are payable for continuation coverage under section 8 30312(a)(1) of the Worker Health Coverage Protection 9 Act shall be allowed as a credit against the tax imposed 10 by section 3111(a), or so much of the taxes imposed under 11 section 3221(a) as are attributable to the rate in effect 12 under section 3111(a), for each calendar quarter an 13 amount equal to the premiums not paid by assistance eligi- 14 ble individuals for such coverage by reason of such section 15 30312(a)(1) with respect to such calendar quarter. 16 ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAYABLE.— 17 For purposes of subsection (a), except as otherwise pro- 18 vided by the Secretary, the person to whom premiums are 19 payable under such continuation coverage shall be treated 20 as being— 21 ‘‘(1) in the case of any group health plan which 22 is a multiemployer plan (as defined in section 3(37) 23 of the Employee Retirement Income Security Act of 24 1974), the plan, 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00436 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 437 •HR 6800 IH ‘‘(2) in the case of any group health plan not 1 described in paragraph (1)— 2 ‘‘(A) which provides furlough continuation 3 coverage described in section 30312(a)(1)(A)(ii) 4 of the Worker Health Coverage Protection Act 5 or subject to the COBRA continuation provi- 6 sions contained in— 7 ‘‘(i) this title, 8 ‘‘(ii) the Employee Retirement Income 9 Security Act of 1974, 10 ‘‘(iii) the Public Health Service Act, 11 or 12 ‘‘(iv) title 5, United States Code, or 13 ‘‘(B) under which some or all of the cov- 14 erage is not provided by insurance, 15 the employer maintaining the plan, and 16 ‘‘(3) in the case of any group health plan not 17 described in paragraph (1) or (2), the insurer pro- 18 viding the coverage under the group health plan. 19 ‘‘(c) LIMITATIONS AND REFUNDABILITY.— 20 ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY- 21 MENT TAXES.—The credit allowed by subsection (a) 22 with respect to any calendar quarter shall not exceed 23 the tax imposed by section 3111(a), or so much of 24 the taxes imposed under section 3221(a) as are at- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00437 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 438 •HR 6800 IH tributable to the rate in effect under section 1 3111(a), for such calendar quarter (reduced by any 2 credits allowed under subsections (e) and (f) of sec- 3 tion 3111, sections 7001 and 7003 of the Families 4 First Coronavirus Response Act, section 2301 of the 5 CARES Act, and sections 20204 and 20212 of the 6 COVID–19 Tax Relief Act of 2020 for such quarter) 7 on the wages paid with respect to the employment 8 of all employees of the employer. 9 ‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— 10 ‘‘(A) CREDIT IS REFUNDABLE.—If the 11 amount of the credit under subsection (a) ex- 12 ceeds the limitation of paragraph (1) for any 13 calendar quarter, such excess shall be treated 14 as an overpayment that shall be refunded under 15 sections 6402(a) and 6413(b). 16 ‘‘(B) CREDIT MAY BE ADVANCED.—In an- 17 ticipation of the credit, including the refundable 18 portion under subparagraph (A), the credit may 19 be advanced, according to forms and instruc- 20 tions provided by the Secretary, up to an 21 amount calculated under subsection (a) through 22 the end of the most recent payroll period in the 23 quarter. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00438 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 439 •HR 6800 IH ‘‘(C) TREATMENT OF DEPOSITS.—The 1 Secretary shall waive any penalty under section 2 6656 for any failure to make a deposit of the 3 tax imposed by section 3111(a), or so much of 4 the taxes imposed under section 3221(a) as are 5 attributable to the rate in effect under section 6 3111(a), if the Secretary determines that such 7 failure was due to the anticipation of the credit 8 allowed under this section. 9 ‘‘(D) TREATMENT OF PAYMENTS.—For 10 purposes of section 1324 of title 31, United 11 States Code, any amounts due to an employer 12 under this paragraph shall be treated in the 13 same manner as a refund due from a credit 14 provision referred to in subsection (b)(2) of 15 such section. 16 ‘‘(3) LIMITATION ON REIMBURSEMENT FOR 17 FURLOUGHED EMPLOYEES.—In the case of an indi- 18 vidual who for any month is an assistance eligible 19 individual described in section 30312(a)(3)(B) of the 20 Worker Health Coverage Protection Act with respect 21 to any coverage, the credit determined with respect 22 to such individual under subsection (a) for any such 23 month ending during a calendar quarter shall not 24 exceed the amount of premium the individual would 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 440 •HR 6800 IH have paid for a full month of such coverage for the 1 month preceding the first month for which an indi- 2 vidual is such an assistance eligible individual. 3 ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes of 4 this section, the term ‘person’ includes any governmental 5 entity or Indian tribal government (as defined in section 6 139E(c)(1)). 7 ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For purposes 8 of chapter 1, the gross income of any person allowed a 9 credit under this section shall be increased for the taxable 10 year which includes the last day of any calendar quarter 11 with respect to which such credit is allowed by the amount 12 of such credit. No amount for which a credit is allowed 13 under this section shall be taken into account as qualified 14 wages under section 2301 of the CARES Act or as quali- 15 fied health plan expenses under section 7001(d) or 16 7003(d) of the Families First Coronavirus Response Act. 17 ‘‘(f) REPORTING.—Each person entitled to reim- 18 bursement under subsection (a) for any period shall sub- 19 mit such reports (at such time and in such manner) as 20 the Secretary may require, including— 21 ‘‘(1) an attestation of involuntary termination 22 of employment, reduction of hours, or furloughing, 23 for each assistance eligible individual on the basis of 24 whose termination, reduction of hours, or fur- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00440 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 441 •HR 6800 IH loughing entitlement to reimbursement is claimed 1 under subsection (a), 2 ‘‘(2) a report of the amount of payroll taxes off- 3 set under subsection (a) for the reporting period, 4 and 5 ‘‘(3) a report containing the TINs of all covered 6 employees, the amount of subsidy reimbursed with 7 respect to each employee, and a designation with re- 8 spect to each employee as to whether the subsidy re- 9 imbursement is for coverage of 1 individual or 2 or 10 more individuals. 11 ‘‘(g) REGULATIONS.—The Secretary shall issue such 12 regulations or other guidance as may be necessary or ap- 13 propriate to carry out this section, including— 14 ‘‘(1) the requirement to report information or 15 the establishment of other methods for verifying the 16 correct amounts of reimbursements under this sec- 17 tion, 18 ‘‘(2) the application of this section to group 19 health plans that are multiemployer plans (as de- 20 fined in section 3(37) of the Employee Retirement 21 Income Security Act of 1974), 22 ‘‘(3) to allow the advance payment of the credit 23 determined under subsection (a), subject to the limi- 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00441 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 442 •HR 6800 IH tations provided in this section, based on such infor- 1 mation as the Secretary shall require, 2 ‘‘(4) to provide for the reconciliation of such 3 advance payment with the amount of the credit at 4 the time of filing the return of tax for the applicable 5 quarter or taxable year, and 6 ‘‘(5) with respect to the application of the cred- 7 it to third party payors (including professional em- 8 ployer organizations, certified professional employer 9 organizations, or agents under section 3504).’’. 10 (B) SOCIAL SECURITY TRUST FUNDS HELD 11 HARMLESS.—There are hereby appropriated to 12 the Federal Old-Age and Survivors Insurance 13 Trust Fund and the Federal Disability Insur- 14 ance Trust Fund established under section 201 15 of the Social Security Act (42 U.S.C. 401) and 16 the Social Security Equivalent Benefit Account 17 established under section 15A(a) of the Rail- 18 road Retirement Act of 1974 (45 U.S.C. 231n– 19 1(a)) amounts equal to the reduction in reve- 20 nues to the Treasury by reason of this section 21 (without regard to this subparagraph). 22 Amounts appropriated by the preceding sen- 23 tence shall be transferred from the general fund 24 at such times and in such manner as to rep- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00442 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 443 •HR 6800 IH licate to the extent possible the transfers which 1 would have occurred to such Trust Fund or Ac- 2 count had this section not been enacted. 3 (C) CLERICAL AMENDMENT.—The table of 4 sections for subchapter B of chapter 65 of the 5 Internal Revenue Code of 1986 is amended by 6 adding at the end the following new item: 7 ‘‘Sec. 6432. Continuation coverage premium assistance.’’. (D) EFFECTIVE DATE.—The amendments 8 made by this paragraph shall apply to pre- 9 miums to which subsection (a)(1)(A) applies. 10 (E) SPECIAL RULE IN CASE OF EMPLOYEE 11 PAYMENT THAT IS NOT REQUIRED UNDER THIS 12 SECTION.— 13 (i) IN GENERAL.—In the case of an 14 assistance eligible individual who pays, 15 with respect any period of coverage to 16 which subsection (a)(1)(A) applies, the 17 amount of the premium for such coverage 18 that the individual would have (but for this 19 Act) been required to pay, the person to 20 whom such payment is payable shall reim- 21 burse such individual for the amount of 22 such premium paid. 23 (ii) CREDIT OF REIMBURSEMENT.—A 24 person to which clause (i) applies shall be 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00443 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 444 •HR 6800 IH allowed a credit in the manner provided 1 under section 6432 of the Internal Rev- 2 enue Code of 1986 for any payment made 3 to the employee under such clause. 4 (iii) PAYMENT OF CREDITS.—Any 5 person to which clause (i) applies shall 6 make the payment required under such 7 clause to the individual not later than 60 8 days after the date on which such indi- 9 vidual elects continuation coverage under 10 section 30312(a)(1) of the Worker Health 11 Coverage Protection Act. 12 (15) PENALTY FOR FAILURE TO NOTIFY 13 HEALTH PLAN OF CESSATION OF ELIGIBILITY FOR 14 PREMIUM ASSISTANCE.— 15 (A) IN GENERAL.—Part I of subchapter B 16 of chapter 68 of the Internal Revenue Code of 17 1986 is amended by adding at the end the fol- 18 lowing new section: 19 ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH 20 PLAN OF CESSATION OF ELIGIBILITY FOR 21 CONTINUATION COVERAGE PREMIUM ASSIST- 22 ANCE. 23 ‘‘(a) IN GENERAL.—Except in the case of failure de- 24 scribed in subsection (b) or (c), any person required to 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00444 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 445 •HR 6800 IH notify a group health plan under section 30312(a)(2)(B) 1 of the Worker Health Coverage Protection Act who fails 2 to make such a notification at such time and in such man- 3 ner as the Secretary of Labor may require shall pay a 4 penalty of $250. 5 ‘‘(b) INTENTIONAL FAILURE.—In the case of any 6 such failure that is fraudulent, such person shall pay a 7 penalty equal to the greater of— 8 ‘‘(1) $250, or 9 ‘‘(2) 110 percent of the premium assistance 10 provided under section 30312(a)(1)(A) of such Act 11 after termination of eligibility under such section. 12 ‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty 13 shall be imposed under this section with respect to any 14 failure if it is shown that such failure is due to reasonable 15 cause and not to willful neglect.’’. 16 (B) CLERICAL AMENDMENT.—The table of 17 sections of part I of subchapter B of chapter 68 18 of such Code is amended by adding at the end 19 the following new item: 20 ‘‘Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility for continuation coverage premium assistance.’’. (16) COORDINATION WITH HCTC.— 21 (A) IN GENERAL.—Section 35(g)(9) of the 22 Internal Revenue Code of 1986 is amended to 23 read as follows: 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 446 •HR 6800 IH ‘‘(9) CONTINUATION COVERAGE PREMIUM AS- 1 SISTANCE.—In the case of an assistance eligible in- 2 dividual who receives premium assistance for con- 3 tinuation coverage under section 30312(a)(1) of the 4 Worker Health Coverage Protection Act for any 5 month during the taxable year, such individual shall 6 not be treated as an eligible individual, a certified 7 individual, or a qualifying family member for pur- 8 poses of this section or section 7527 with respect to 9 such month.’’. 10 (B) EFFECTIVE DATE.—The amendment 11 made by subparagraph (A) shall apply to tax- 12 able years ending after the date of the enact- 13 ment of this Act. 14 (17) EXCLUSION OF CONTINUATION COVERAGE 15 PREMIUM ASSISTANCE FROM GROSS INCOME.— 16 (A) IN GENERAL.—Part III of subchapter 17 B of chapter 1 of the Internal Revenue Code of 18 1986 is amended by inserting after section 19 139H the following new section: 20 ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSIST- 21 ANCE. 22 ‘‘In the case of an assistance eligible individual (as 23 defined in subsection (a)(3) of section 30312 of the Work- 24 er Health Coverage Protection Act), gross income does not 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00446 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 447 •HR 6800 IH include any premium assistance provided under subsection 1 (a)(1) of such section.’’. 2 (B) CLERICAL AMENDMENT.—The table of 3 sections for part III of subchapter B of chapter 4 1 of such Code is amended by inserting after 5 the item relating to section 139H the following 6 new item: 7 ‘‘Sec. 139I. Continuation coverage premium assistance.’’. (C) EFFECTIVE DATE.—The amendments 8 made by this paragraph shall apply to taxable 9 years ending after the date of the enactment of 10 this Act. 11 (18) DEADLINES WITH RESPECT TO NO- 12 TICES.—Notwithstanding section 518 of the Em- 13 ployee Retirement Income Security Act of 1974 and 14 section 7508A of the Internal Revenue Code of 15 1986, the Secretary of Labor and the Secretary of 16 the Treasury, respectively, may not waive or extend 17 any deadline with respect to the provision of notices 18 described in paragraphs (7), (8), and (9). 19 (b) RULE OF CONSTRUCTION.—In all matters of in- 20 terpretation, rules, and operational procedures, the lan- 21 guage of this section shall be interpreted broadly for the 22 benefit of workers and their families. 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00447 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 448 •HR 6800 IH TITLE IV—APPLICATION TO OTHER HEALTH 1 PROGRAMS 2 PROHIBITION ON COPAYMENTS AND COST SHARING FOR 3 TRICARE BENEFICIARIES RECEIVING COVID–19 4 TREATMENT 5 SEC. 30401. 6 (a) IN GENERAL.—Section 6006(a) of the Families 7 First Coronavirus Response Act (Public Law 116–127; 38 8 U.S.C. 1074 note) is amended by striking ‘‘or visits de- 9 scribed in paragraph (2) of such section’’ and inserting 10 ‘‘, visits described in paragraph (2) of such section, or 11 medical care to treat COVID–19’’. 12 (b) EFFECTIVE DATE.—The amendment made by 13 subsection (a) shall apply with respect to medical care fur- 14 nished on or after the date of the enactment of this Act. 15 PROHIBITION ON COPAYMENTS AND COST SHARING FOR 16 VETERANS RECEIVING COVID–19 TREATMENT FUR- 17 NISHED BY DEPARTMENT OF VETERANS AFFAIRS 18 SEC. 30402. 19 (a) IN GENERAL.—Section 6006(b) of the Families 20 First Coronavirus Response Act (Public Law 116–127; 38 21 U.S.C. 1701 note) is amended by striking ‘‘or visits de- 22 scribed in paragraph (2) of such section’’ and inserting 23 ‘‘, visits described in paragraph (2) of such section, or hos- 24 pital care or medical services to treat COVID–19’’. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00448 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 449 •HR 6800 IH (b) EFFECTIVE DATE.—The amendment made by 1 subsection (a) shall apply with respect to hospital care and 2 medical services furnished on or after the date of the en- 3 actment of this Act. 4 PROHIBITION ON COPAYMENTS AND COST SHARING FOR 5 FEDERAL CIVILIAN EMPLOYEES RECEIVING COVID–19 6 TREATMENT 7 SEC. 30403. 8 (a) IN GENERAL.—Section 6006(c) of the Families 9 First Coronavirus Response Act (Public Law 116–127; 5 10 U.S.C. 8904 note) is amended by striking ‘‘or visits de- 11 scribed in paragraph (2) of such section’’ and inserting 12 ‘‘, visits described in paragraph (2) of such section, or hos- 13 pital care or medical services to treat COVID–19’’. 14 (b) EFFECTIVE DATE.—The amendment made by 15 subsection (a) shall apply with respect to hospital care and 16 medical services furnished on or after the date of the en- 17 actment of this Act. 18 TITLE V—PUBLIC HEALTH POLICIES 19 DEFINITIONS 20 SEC. 30501. 21 In this title: 22 (1) Except as inconsistent with the provisions 23 of this title, the term ‘‘Secretary’’ means the Sec- 24 retary of Health and Human Services. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00449 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 450 •HR 6800 IH (2) The term ‘‘State’’ refers to each of the 50 1 States and the District of Columbia. 2 (3) The term ‘‘Tribal’’, with respect to a de- 3 partment of health (or health department), in- 4 cludes— 5 (A) Indian Tribes that— 6 (i) are operating one or more health 7 facilities pursuant to an agreement under 8 the Indian Self-Determination and Edu- 9 cation Assistance Act (25 U.S.C. 5301 et 10 seq.); or 11 (ii) receive services from a facility op- 12 erated by the Indian Health Services; and 13 (B) Tribal organizations and Urban Indian 14 organizations. 15 Subtitle A—Supply Chain Improvements 16 MEDICAL SUPPLIES RESPONSE COORDINATOR 17 SEC. 30511. 18 (a) IN GENERAL.—The President shall appoint a 19 Medical Supplies Response Coordinator to coordinate the 20 efforts of the Federal Government regarding the supply 21 and distribution of critical medical supplies and equipment 22 related to detecting, diagnosing, preventing, and treating 23 COVID–19, including personal protective equipment, med- 24 ical devices, drugs, and vaccines. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00450 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 451 •HR 6800 IH (b) QUALIFICATIONS.—To qualify to be appointed as 1 the Medical Supplies Response Coordinator, an individual 2 shall be a senior government official with— 3 (1) health care training, including training re- 4 lated to infectious diseases or hazardous exposures; 5 and 6 (2) a familiarity with medical supply chain lo- 7 gistics. 8 (c) ACTIVITIES.—The Medical Supplies Response Co- 9 ordinator shall— 10 (1) consult with State, local, territorial, and 11 Tribal officials to ensure that health care facilities 12 and health care workers have sufficient personal pro- 13 tective equipment and other medical supplies; 14 (2) evaluate ongoing needs of States, localities, 15 territories, Tribes, health care facilities, and health 16 care workers to determine the need for critical med- 17 ical supplies and equipment; 18 (3) serve as a point of contact for industry for 19 procurement and distribution of critical medical sup- 20 plies and equipment, including personal protective 21 equipment, medical devices, testing supplies, drugs, 22 and vaccines; 23 (4) procure and distribute critical medical sup- 24 plies and equipment, including personal protective 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 452 •HR 6800 IH equipment, medical devices, testing supplies, drugs, 1 and vaccines; 2 (5)(A) establish and maintain an up-to-date na- 3 tional database of hospital capacity, including beds, 4 ventilators, and supplies, including personal protec- 5 tive equipment, medical devices, drugs, and vaccines; 6 and 7 (B) provide weekly reports to the Congress on 8 gaps in such capacity and progress made toward 9 closing the gaps; 10 (6) require, as necessary, industry reporting on 11 production and distribution of personal protective 12 equipment, medical devices, testing supplies, drugs, 13 and vaccines and assess financial penalties as may 14 be specified by the Medical Supplies Response Coor- 15 dinator for failure to comply with such requirements 16 for reporting on production and distribution; 17 (7) consult with the Secretary and the Adminis- 18 trator of the Federal Emergency Management Agen- 19 cy, as applicable, to ensure sufficient production lev- 20 els under the Defense Production Act (50 U.S.C. 21 4501 et seq.); and 22 (8) monitor the prices of critical medical sup- 23 plies and equipment, including personal protective 24 equipment and medical devices, drugs, and vaccines 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00452 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 453 •HR 6800 IH related to detecting, diagnosing, preventing, and 1 treating COVID–19 and report any suspected price 2 gouging of such materials to the Federal Trade 3 Commission and appropriate law enforcement offi- 4 cials. 5 INFORMATION TO BE INCLUDED IN LIST OF DEVICES 6 DETERMINED TO BE IN SHORTAGE 7 SEC. 30512. 8 Section 506J(g)(2)(A) of the Federal Food, Drug, 9 and Cosmetic Act, as added by section 3121 of the 10 CARES Act (Public Law 116–136), is amended by insert- 11 ing ‘‘, including the device identifier or national product 12 code for such device, if applicable’’ before the period at 13 the end. 14 EXTENDED SHELF LIFE DATES FOR ESSENTIAL DEVICES 15 SEC. 30513. 16 (a) IN GENERAL.—The Federal Food, Drug, and 17 Cosmetic Act is amended by inserting after section 506J 18 (21 U.S.C. 356j) the following: 19 ‘‘SEC. 506K. EXTENDED SHELF LIFE DATES FOR ESSENTIAL 20 DEVICES. 21 ‘‘(a) IN GENERAL.—A manufacturer of a device sub- 22 ject to notification requirements under section 506J (in 23 this section referred to as an ‘essential device’) shall— 24 ‘‘(1) submit to the Secretary data and informa- 25 tion as required by subsection (b)(1); 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00453 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 454 •HR 6800 IH ‘‘(2) conduct and submit the results of any 1 studies required under subsection (b)(3); and 2 ‘‘(3) make any labeling change described in 3 subsection (c) by the date specified by the Secretary 4 pursuant to such subsection. 5 ‘‘(b) NOTIFICATION.— 6 ‘‘(1) IN GENERAL.—The Secretary may issue 7 an order requiring the manufacturer of any essential 8 device to submit, in such manner as the Secretary 9 may prescribe, data and information from any stage 10 of development of the device (including pilot, inves- 11 tigational, and final product validation) that are 12 adequate to assess the shelf life of the device to de- 13 termine the longest supported expiration date. 14 ‘‘(2) UNAVAILABLE OR INSUFFICIENT DATA 15 AND INFORMATION.—If the data and information re- 16 ferred to in paragraph (1) are not available or are 17 insufficient, the Secretary may require the manufac- 18 turer of the device to— 19 ‘‘(A) conduct studies adequate to provide 20 the data and information; and 21 ‘‘(B) submit to the Secretary the results, 22 data, and information generated by such studies 23 when available. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00454 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 455 •HR 6800 IH ‘‘(c) LABELING.—The Secretary may issue an order 1 requiring the manufacturer of an essential device to make 2 by a specified date any labeling change regarding the expi- 3 ration period that the Secretary determines to be appro- 4 priate based on the data and information required to be 5 submitted under this section or any other data and infor- 6 mation available to the Secretary. 7 ‘‘(d) CONFIDENTIALITY.—Nothing in this section 8 shall be construed as authorizing the Secretary to disclose 9 any information that is a trade secret or confidential infor- 10 mation subject to section 552(b)(4) of title 5, United 11 States Code, or section 1905 of title 18, United States 12 Code.’’. 13 (b) CIVIL MONETARY PENALTY.—Section 303(f) of 14 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 15 333(f)) is amended by adding at the end the following: 16 ‘‘(10) CIVIL MONETARY PENALTY WITH RESPECT 17 TO EXTENDED SHELF LIFE DATES FOR ESSENTIAL DE- 18 VICES.—If the manufacturer of a device subject to notifi- 19 cation requirements under section 506J violates section 20 506K by failing to submit data and information as re- 21 quired under section 506K(b)(1), failing to conduct or 22 submit the results of studies as required under section 23 506K(b)(3), or failing to make a labeling change as re- 24 quired under section 506K(c), such manufacturer shall be 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00455 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 456 •HR 6800 IH liable to the United States for a civil penalty in an amount 1 not to exceed $10,000 for each such violation.’’. 2 (c) EMERGENCY USE ELIGIBLE PRODUCTS.—Sub- 3 paragraph (A) of section 564A(a)(1) of the Federal Food, 4 Drug, and Cosmetic Act (21 U.S.C. 360bbb–3a(a)(1)) is 5 amended to read as follows: 6 ‘‘(A) is approved or cleared under this 7 chapter, otherwise listed as a device pursuant to 8 section 510(j), conditionally approved under 9 section 571, or licensed under section 351 of 10 the Public Health Service Act;’’. 11 AUTHORITY TO DESTROY COUNTERFEIT DEVICES 12 SEC. 30514. 13 (a) IN GENERAL.—Section 801(a) of the Federal 14 Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) is 15 amended— 16 (1) in the fourth sentence, by inserting ‘‘or 17 counterfeit device’’ after ‘‘counterfeit drug’’; and 18 (2) by striking ‘‘The Secretary of the Treasury 19 shall cause the destruction of’’ and all that follows 20 through ‘‘liable for costs pursuant to subsection 21 (c).’’ and inserting the following: ‘‘The Secretary of 22 the Treasury shall cause the destruction of any such 23 article refused admission unless such article is ex- 24 ported, under regulations prescribed by the Sec- 25 retary of the Treasury, within 90 days of the date 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00456 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 457 •HR 6800 IH of notice of such refusal or within such additional 1 time as may be permitted pursuant to such regula- 2 tions, except that the Secretary of Health and 3 Human Services may destroy, without the oppor- 4 tunity for export, any drug or device refused admis- 5 sion under this section, if such drug or device is val- 6 ued at an amount that is $2,500 or less (or such 7 higher amount as the Secretary of the Treasury may 8 set by regulation pursuant to section 498(a)(1) of 9 the Tariff Act of 1930 (19 U.S.C. 1498(a)(1))) and 10 was not brought into compliance as described under 11 subsection (b). The Secretary of Health and Human 12 Services shall issue regulations providing for notice 13 and an opportunity to appear before the Secretary 14 of Health and Human Services and introduce testi- 15 mony, as described in the first sentence of this sub- 16 section, on destruction of a drug or device under the 17 seventh sentence of this subsection. The regulations 18 shall provide that prior to destruction, appropriate 19 due process is available to the owner or consignee 20 seeking to challenge the decision to destroy the drug 21 or device. Where the Secretary of Health and 22 Human Services provides notice and an opportunity 23 to appear and introduce testimony on the destruc- 24 tion of a drug or device, the Secretary of Health and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00457 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 458 •HR 6800 IH Human Services shall store and, as applicable, dis- 1 pose of the drug or device after the issuance of the 2 notice, except that the owner and consignee shall re- 3 main liable for costs pursuant to subsection (c).’’. 4 (b) DEFINITION.—Section 201(h) of the Federal 5 Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)) is 6 amended— 7 (1) by redesignating subparagraphs (1), (2), 8 and (3) as clauses (A), (B), and (C), respectively; 9 and 10 (2) after making such redesignations— 11 (A) by striking ‘‘(h) The term’’ and insert- 12 ing ‘‘(h)(1) The term’’; and 13 (B) by adding at the end the following: 14 ‘‘(2) The term ‘counterfeit device’ means a device 15 which, or the container, packaging, or labeling of which, 16 without authorization, bears a trademark, trade name, or 17 other identifying mark, imprint, or symbol, or any likeness 18 thereof, or is manufactured using a design, of a device 19 manufacturer, packer, or distributor other than the person 20 or persons who in fact manufactured, packed, or distrib- 21 uted such device and which thereby falsely purports or is 22 represented to be the product of, or to have been packed 23 or distributed by, such other device manufacturer, packer, 24 or distributor. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00458 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 459 •HR 6800 IH ‘‘(3) For purposes of subparagraph (2)— 1 ‘‘(A) the term ‘manufactured’ refers to any of 2 the following activities: manufacture, preparation, 3 propagation, compounding, assembly, or processing; 4 and 5 ‘‘(B) the term ‘manufacturer’ means a person 6 who is engaged in any of the activities listed in 7 clause (A).’’. 8 REPORTING REQUIREMENT FOR DRUG MANUFACTURERS 9 SEC. 30515. 10 (a) ESTABLISHMENTS IN A FOREIGN COUNTRY.— 11 Section 510(i) of the Federal Food, Drug, and Cosmetic 12 Act (21 U.S.C. 360(i)) is amended by inserting at the end 13 the following new paragraph: 14 ‘‘(5) The requirements of paragraphs (1) and (2) 15 shall apply to establishments within a foreign country en- 16 gaged in the manufacture, preparation, propagation, 17 compounding, or processing of any drug, including the ac- 18 tive pharmaceutical ingredient, that is required to be listed 19 pursuant to subsection (j). Such requirements shall apply 20 regardless of whether the drug or active pharmaceutical 21 ingredient undergoes further manufacture, preparation, 22 propagation, compounding, or processing at a separate es- 23 tablishment or establishments outside the United States 24 prior to being imported or offered for import into the 25 United States.’’. 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00459 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 460 •HR 6800 IH (b) LISTING OF DRUGS.—Section 510(j)(1) of the 1 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 2 360(j)(1)) is amended— 3 (1) in subparagraph (D), by striking ‘‘and’’ at 4 the end; 5 (2) in subparagraph (E), by striking the period 6 at the end and inserting ‘‘; and’’; and 7 (3) by adding at the end the following new sub- 8 paragraph: 9 ‘‘(F) in the case of a drug contained in the ap- 10 plicable list, a certification that the registrant has— 11 ‘‘(i) identified every other establishment 12 where manufacturing is performed for the drug; 13 and 14 ‘‘(ii) notified each known foreign establish- 15 ment engaged in the manufacture, preparation, 16 propagation, compounding, or processing of the 17 drug, including the active pharmaceutical ingre- 18 dient, of the inclusion of the drug in the list 19 and the obligation to register.’’. 20 (c) QUARTERLY REPORTING ON AMOUNT OF DRUGS 21 MANUFACTURED.—Section 510(j)(3)(A) of the Federal 22 Food, Drug, and Cosmetic Act (as added by section 3112 23 of the CARES Act (Public Law 116–136)) is amended 24 by striking ‘‘annually’’ and inserting ‘‘once during the 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 461 •HR 6800 IH month of March of each year, once during the month of 1 June of each year, once during the month of September 2 of each year, and once during the month of December of 3 each year’’. 4 RECOMMENDATIONS TO ENCOURAGE DOMESTIC 5 MANUFACTURING OF CRITICAL DRUGS 6 SEC. 30516. 7 (a) IN GENERAL.—Not later than 14 days after the 8 date of enactment of this Act, the Secretary shall enter 9 into an agreement with the National Academies of 10 Sciences, Engineering, and Medicine (referred to in this 11 section as the ‘‘National Academies’’) under which, not 12 later than 90 days after the date of entering into the 13 agreement, the National Academies will— 14 (1) establish a committee of experts who are 15 knowledgeable about drug and device supply issues, 16 including— 17 (A) sourcing and production of critical 18 drugs and devices; 19 (B) sourcing and production of active 20 pharmaceutical ingredients in critical drugs; 21 (C) the raw materials and other compo- 22 nents for critical drugs and devices; and 23 (D) the public health and national security 24 implications of the current supply chain for 25 critical drugs and devices; 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00461 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 462 •HR 6800 IH (2) convene a public symposium to— 1 (A) analyze the impact of United States 2 dependence on the foreign manufacturing of 3 critical drugs and devices on patient access and 4 care, including in hospitals and intensive care 5 units; and 6 (B) recommend strategies to end United 7 States dependence on foreign manufacturing to 8 ensure the United States has a diverse and vital 9 supply chain for critical drugs and devices to 10 protect the Nation from natural or hostile oc- 11 currences; and 12 (3) submit a report on the symposium’s pro- 13 ceedings to the Congress and publish a summary of 14 such proceedings on the public website of the Na- 15 tional Academies. 16 (b) SYMPOSIUM.—In carrying out the agreement 17 under subsection (a), the National Academies shall consult 18 with— 19 (1) the Department of Health and Human 20 Services, the Department of Homeland Security, the 21 Department of Defense, the Department of Com- 22 merce, the Department of State, the Department of 23 Veterans Affairs, the Department of Justice, and 24 any other Federal agencies as appropriate; and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00462 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 463 •HR 6800 IH (2) relevant stakeholders, including drug and 1 device manufacturers, health care providers, medical 2 professional societies, State-based societies, public 3 health experts, State and local public health depart- 4 ments, State medical boards, patient groups, health 5 care distributors, wholesalers and group purchasing 6 organizations, pharmacists, and other entities with 7 experience in health care and public health, as ap- 8 propriate. 9 (c) DEFINITIONS.—For the purposes of this section: 10 (1) The term ‘‘critical’’— 11 (A) with respect to a device, refers to a de- 12 vice classified by the Food and Drug Adminis- 13 tration as implantable, life-saving, and life-sus- 14 taining; or 15 (B) with respect to a drug, refers to a 16 drug that is described in subsection (a) of sec- 17 tion 506C of the Federal Food, Drug, and Cos- 18 metic Act (21 U.S.C. 356c) (relating to notifi- 19 cation of any discontinuance or interruption in 20 the production of life-saving drugs). 21 (2) The terms ‘‘device’’ and ‘‘drug’’ have the 22 meanings given to those terms in section 201 of the 23 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 24 321). 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 464 •HR 6800 IH FAILURE TO NOTIFY OF A PERMANENT DISCONTINUANCE 1 OR AN INTERRUPTION 2 SEC. 30517. 3 Section 301 of the Federal Food, Drug, and Cosmetic 4 Act (21 U.S.C. 331) is amended by adding at the end the 5 following: 6 ‘‘(fff) The failure of a manufacturer of a drug de- 7 scribed in section 506C(a) or an active pharmaceutical in- 8 gredient of such a drug, without a reasonable basis as de- 9 termined by the Secretary, to notify the Secretary of a 10 permanent discontinuance or an interruption, and the rea- 11 sons for such discontinuance or interruption, as required 12 by section 506C.’’. 13 FAILURE TO DEVELOP RISK MANAGEMENT PLAN 14 SEC. 30518. 15 Section 301 of the Federal Food, Drug, and Cosmetic 16 Act (21 U.S.C. 331), as amended by section 30517, is fur- 17 ther amended by adding at the end the following: 18 ‘‘(ggg) The failure to develop, maintain, and imple- 19 ment a risk management plan, as required by section 20 506C(j).’’. 21 NATIONAL CENTERS OF EXCELLENCE IN CONTINUOUS 22 PHARMACEUTICAL MANUFACTURING 23 SEC. 30519. 24 (a) IN GENERAL.—Section 3016 of the 21st Century 25 Cures Act (21 U.S.C. 399h) is amended to read as follows: 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00464 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 465 •HR 6800 IH ‘‘NATIONAL CENTERS OF EXCELLENCE IN CONTINUOUS 1 PHARMACEUTICAL MANUFACTURING 2 ‘‘SEC. 3016. 3 ‘‘(a) IN GENERAL.—The Secretary of Health and 4 Human Services, acting through the Commissioner of 5 Food and Drugs— 6 ‘‘(1) shall solicit and, beginning not later than 7 1 year after the date of enactment of the National 8 Centers of Excellence in Continuous Pharmaceutical 9 Manufacturing Act of 2019, receive requests from 10 institutions of higher education to be designated as 11 a National Center of Excellence in Continuous Phar- 12 maceutical Manufacturing (in this section referred to 13 as a ‘National Center of Excellence’) to support the 14 advancement and development of continuous manu- 15 facturing; and 16 ‘‘(2) shall so designate any institution of higher 17 education that— 18 ‘‘(A) requests such designation; and 19 ‘‘(B) meets the criteria specified in sub- 20 section (c). 21 ‘‘(b) REQUEST FOR DESIGNATION.—A request for 22 designation under subsection (a) shall be made to the Sec- 23 retary at such time, in such manner, and containing such 24 information as the Secretary may require. Any such re- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00465 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 466 •HR 6800 IH quest shall include a description of how the institution of 1 higher education meets or plans to meet each of the cri- 2 teria specified in subsection (c). 3 ‘‘(c) CRITERIA FOR DESIGNATION DESCRIBED.—The 4 criteria specified in this subsection with respect to an in- 5 stitution of higher education are that the institution has, 6 as of the date of the submission of a request under sub- 7 section (a) by such institution— 8 ‘‘(1) physical and technical capacity for re- 9 search and development of continuous manufac- 10 turing; 11 ‘‘(2) manufacturing knowledge-sharing net- 12 works with other institutions of higher education, 13 large and small pharmaceutical manufacturers, ge- 14 neric and nonprescription manufacturers, contract 15 manufacturers, and other entities; 16 ‘‘(3) proven capacity to design and demonstrate 17 new, highly effective technology for use in contin- 18 uous manufacturing; 19 ‘‘(4) a track record for creating and transfer- 20 ring knowledge with respect to continuous manufac- 21 turing; 22 ‘‘(5) the potential to train a future workforce 23 for research on and implementation of advanced 24 manufacturing and continuous manufacturing; and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 467 •HR 6800 IH ‘‘(6) experience in participating in and leading 1 a continuous manufacturing technology partnership 2 with other institutions of higher education, large and 3 small pharmaceutical manufacturers (including ge- 4 neric and nonprescription drug manufacturers), con- 5 tract manufacturers, and other entities— 6 ‘‘(A) to support companies with continuous 7 manufacturing in the United States; 8 ‘‘(B) to support Federal agencies with 9 technical assistance, which may include regu- 10 latory and quality metric guidance as applica- 11 ble, for advanced manufacturing and continuous 12 manufacturing; 13 ‘‘(C) with respect to continuous manufac- 14 turing, to organize and conduct research and 15 development activities needed to create new and 16 more effective technology, capture and dissemi- 17 nate expertise, create intellectual property, and 18 maintain technological leadership; 19 ‘‘(D) to develop best practices for design- 20 ing continuous manufacturing; and 21 ‘‘(E) to assess and respond to the work- 22 force needs for continuous manufacturing, in- 23 cluding the development of training programs if 24 needed. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 468 •HR 6800 IH ‘‘(d) TERMINATION OF DESIGNATION.—The Sec- 1 retary may terminate the designation of any National Cen- 2 ter of Excellence designated under this section if the Sec- 3 retary determines such National Center of Excellence no 4 longer meets the criteria specified in subsection (c). Not 5 later than 60 days before the effective date of such a ter- 6 mination, the Secretary shall provide written notice to the 7 National Center of Excellence, including the rationale for 8 such termination. 9 ‘‘(e) CONDITIONS FOR DESIGNATION.—As a condi- 10 tion of designation as a National Center of Excellence 11 under this section, the Secretary shall require that an in- 12 stitution of higher education enter into an agreement with 13 the Secretary under which the institution agrees— 14 ‘‘(1) to collaborate directly with the Food and 15 Drug Administration to publish the reports required 16 by subsection (g); 17 ‘‘(2) to share data with the Food and Drug Ad- 18 ministration regarding best practices and research 19 generated through the funding under subsection (f); 20 ‘‘(3) to develop, along with industry partners 21 (which may include large and small biopharma- 22 ceutical manufacturers, generic and nonprescription 23 manufacturers, and contract manufacturers) and an- 24 other institution or institutions designated under 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 469 •HR 6800 IH this section, if any, a roadmap for developing a con- 1 tinuous manufacturing workforce; 2 ‘‘(4) to develop, along with industry partners 3 and other institutions designated under this section, 4 a roadmap for strengthening existing, and devel- 5 oping new, relationships with other institutions; and 6 ‘‘(5) to provide an annual report to the Food 7 and Drug Administration regarding the institution’s 8 activities under this section, including a description 9 of how the institution continues to meet and make 10 progress on the criteria listed in subsection (c). 11 ‘‘(f) FUNDING.— 12 ‘‘(1) IN GENERAL.—The Secretary shall award 13 funding, through grants, contracts, or cooperative 14 agreements, to the National Centers of Excellence 15 designated under this section for the purpose of 16 studying and recommending improvements to contin- 17 uous manufacturing, including such improvements 18 as may enable the Centers— 19 ‘‘(A) to continue to meet the conditions 20 specified in subsection (e); and 21 ‘‘(B) to expand capacity for research on, 22 and development of, continuing manufacturing. 23 ‘‘(2) CONSISTENCY WITH FDA MISSION.—As a 24 condition on receipt of funding under this sub- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00469 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 470 •HR 6800 IH section, a National Center of Excellence shall agree 1 to consider any input from the Secretary regarding 2 the use of funding that would— 3 ‘‘(A) help to further the advancement of 4 continuous manufacturing through the National 5 Center of Excellence; and 6 ‘‘(B) be relevant to the mission of the 7 Food and Drug Administration. 8 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 9 There is authorized to be appropriated to carry out 10 this subsection $100,000,000, to remain available 11 until expended. 12 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 13 this section shall be construed as precluding a Na- 14 tional Center for Excellence designated under this 15 section from receiving funds under any other provi- 16 sion of this Act or any other Federal law. 17 ‘‘(g) ANNUAL REVIEW AND REPORTS.— 18 ‘‘(1) ANNUAL REPORT.—Beginning not later 19 than 1 year after the date on which the first des- 20 ignation is made under subsection (a), and annually 21 thereafter, the Secretary shall— 22 ‘‘(A) submit to Congress a report describ- 23 ing the activities, partnerships and collabora- 24 tions, Federal policy recommendations, previous 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00470 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 471 •HR 6800 IH and continuing funding, and findings of, and 1 any other applicable information from, the Na- 2 tional Centers of Excellence designated under 3 this section; and 4 ‘‘(B) make such report available to the 5 public in an easily accessible electronic format 6 on the website of the Food and Drug Adminis- 7 tration. 8 ‘‘(2) REVIEW OF NATIONAL CENTERS OF EX- 9 CELLENCE AND POTENTIAL DESIGNEES.—The Sec- 10 retary shall periodically review the National Centers 11 of Excellence designated under this section to ensure 12 that such National Centers of Excellence continue to 13 meet the criteria for designation under this section. 14 ‘‘(3) REPORT ON LONG-TERM VISION OF FDA 15 ROLE.—Not later than 2 years after the date on 16 which the first designation is made under subsection 17 (a), the Secretary, in consultation with the National 18 Centers of Excellence designated under this section, 19 shall submit a report to the Congress on the long- 20 term vision of the Department of Health and 21 Human Services on the role of the Food and Drug 22 Administration in supporting continuous manufac- 23 turing, including— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00471 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 472 •HR 6800 IH ‘‘(A) a national framework of principles re- 1 lated to the implementation and regulation of 2 continuous manufacturing; 3 ‘‘(B) a plan for the development of Federal 4 regulations and guidance for how advanced 5 manufacturing and continuous manufacturing 6 can be incorporated into the development of 7 pharmaceuticals and regulatory responsibilities 8 of the Food and Drug Administration; and 9 ‘‘(C) appropriate feedback solicited from 10 the public, which may include other institutions, 11 large and small biopharmaceutical manufactur- 12 ers, generic and nonprescription manufacturers, 13 and contract manufacturers. 14 ‘‘(h) DEFINITIONS.—In this section: 15 ‘‘(1) ADVANCED MANUFACTURING.—The term 16 ‘advanced manufacturing’ means an approach for 17 the manufacturing of pharmaceuticals that incor- 18 porates novel technology, or uses an established 19 technique or technology in a new or innovative way 20 (such as continuous manufacturing where the input 21 materials are continuously transformed within the 22 process by two or more unit operations) that en- 23 hances drug quality or improves the manufacturing 24 process. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00472 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 473 •HR 6800 IH ‘‘(2) CONTINUOUS MANUFACTURING.—The 1 term ‘continuous manufacturing’— 2 ‘‘(A) means a process where the input ma- 3 terials are continuously fed into and trans- 4 formed within the process, and the processed 5 output materials are continuously removed from 6 the system; and 7 ‘‘(B) consists of an integrated process that 8 consists of a series of two or more unit oper- 9 ations. 10 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 11 The term ‘institution of higher education’ has the 12 meaning given such term in section 101(a) of the 13 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 14 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 15 the Secretary of Health and Human Services, acting 16 through the Commissioner of Food and Drugs.’’. 17 (b) TRANSITION RULE.—Section 3016 of the 21st 18 Century Cures Act (21 U.S.C. 399h), as in effect on the 19 day before the date of the enactment of this section, shall 20 apply with respect to grants awarded under such section 21 before such date of enactment. 22 VACCINE MANUFACTURING AND ADMINISTRATION 23 CAPACITY 24 SEC. 30520. 25 (a) ENHANCING MANUFACTURING CAPACITY.— 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 474 •HR 6800 IH (1) IN GENERAL.—The Secretary, acting 1 through the Director of the Biomedical Advanced 2 Research and Development Authority, shall, as ap- 3 propriate, award contracts, grants, and cooperative 4 agreements, and enter into other transactions, to ex- 5 pand and enhance manufacturing capacity of vac- 6 cines and vaccine candidates to prevent the spread 7 of SARS–CoV–2 and COVID–19. 8 (2) AUTHORIZATION OF APPROPRIATIONS.—To 9 carry out this subsection, there are authorized to be 10 appropriated such sums as may be necessary for fis- 11 cal years 2020 through 2024, to remain available 12 until expended. 13 (b) REPORT ON VACCINE MANUFACTURING AND AD- 14 MINISTRATION CAPACITY.— 15 (1) IN GENERAL.—Not later than December 31, 16 2020, the Secretary shall submit to the Committee 17 on Energy and Commerce of the House of Rep- 18 resentatives and the Committee on Health, Edu- 19 cation, Labor and Pensions of the Senate a report 20 detailing— 21 (A) an assessment of the estimated supply 22 of vaccines and ancillary medical products re- 23 lated to vaccine administration necessary to 24 control and stop the spread of SARS–CoV–2 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00474 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 475 •HR 6800 IH and COVID–19, domestically and internation- 1 ally; 2 (B) an assessment of current and future 3 domestic manufacturing capacity for vaccines or 4 vaccine candidates to control or stop the spread 5 of SARS–CoV–2 and COVID–19, vaccine can- 6 didates, and ancillary products related to the 7 administration of such vaccines, including iden- 8 tification of any gaps in manufacturing capac- 9 ity; 10 (C) activities conducted to expand and en- 11 hance manufacturing capacity for vaccines, vac- 12 cine candidates, and ancillary medical products 13 to levels sufficient to control and stop the 14 spread of SARS–CoV–2 and COVID–19, do- 15 mestically and internationally, including a list 16 and explanation of all contracts, grants, and co- 17 operative agreements awarded, and other trans- 18 actions entered into, for purposes of such ex- 19 pansion and enhancement and how such activi- 20 ties will help to meet future domestic manufac- 21 turing capacity needs; 22 (D) a plan for the ongoing support of en- 23 hanced manufacturing capacity for vaccines, 24 vaccine candidates, and ancillary medical prod- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 476 •HR 6800 IH ucts sufficient to control and stop the spread of 1 SARS–CoV–2 and COVID–19, domestically 2 and internationally; and 3 (E) a plan to support the administration of 4 vaccines approved or authorized by the Food 5 and Drug Administration to control and stop 6 the spread of SARS–CoV–2 and COVID–19, 7 domestically and internationally, including Fed- 8 eral workforce enhancements necessary to ad- 9 minister such vaccines. 10 (2) ANCILLARY MEDICAL PRODUCTS.—For pur- 11 poses of this subsection, ‘‘ancillary medical prod- 12 ucts’’ includes— 13 (A) vials; 14 (B) bandages; 15 (C) alcohol swabs; 16 (D) syringes; 17 (E) needles; 18 (F) gloves and other personal protective 19 equipment; and 20 (G) other medical products the Secretary 21 determines necessary for the administration of 22 vaccines. 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00476 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 477 •HR 6800 IH Subtitle B—Strategic National Stockpile Improvements 1 EQUIPMENT MAINTENANCE 2 SEC. 30531. 3 Section 319F–2 of the Public Health Service Act (42 4 U.S.C. 247d–6b) is amended— 5 (1) in subsection (a)(3)— 6 (A) in subparagraph (I), by striking ‘‘; 7 and’’ and inserting a semicolon; 8 (B) in subparagraph (J), by striking the 9 period at the end and inserting a semicolon; 10 and 11 (C) by inserting the following new subpara- 12 graph at the end: 13 ‘‘(K) ensure the contents of the stockpile 14 remain in good working order and, as appro- 15 priate, conduct maintenance services on such 16 contents; and’’; and 17 (2) in subsection (c)(7)(B), by adding at the 18 end the following new clause: 19 ‘‘(ix) EQUIPMENT MAINTENANCE 20 SERVICE.—In carrying out this section, the 21 Secretary may enter into contracts for the 22 procurement of equipment maintenance 23 services.’’. 24 SUPPLY CHAIN FLEXIBILITY MANUFACTURING PILOT 25 SEC. 30532. 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00477 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 478 •HR 6800 IH (a) IN GENERAL.—Section 319F–2(a)(3) of the Pub- 1 lic Health Service Act (42 U.S.C. 247d–6b(a)(3)), as 2 amended by section 30531, is further amended by adding 3 at the end the following new subparagraph: 4 ‘‘(L) enhance medical supply chain elas- 5 ticity and establish and maintain domestic re- 6 serves of critical medical supplies (including 7 personal protective equipment, ancillary medical 8 supplies, and other applicable supplies required 9 for the administration of drugs, vaccines and 10 other biological products, and other medical de- 11 vices (including diagnostic tests)) by— 12 ‘‘(i) increasing emergency stock of 13 critical medical supplies; 14 ‘‘(ii) geographically diversifying pro- 15 duction of such medical supplies; 16 ‘‘(iii) purchasing, leasing, or entering 17 into joint ventures with respect to facilities 18 and equipment for the production of such 19 medical supplies; and 20 ‘‘(iv) working with distributors of 21 such medical supplies to manage the do- 22 mestic reserves established under this sub- 23 paragraph by refreshing and replenishing 24 stock of such medical supplies.’’. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00478 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 479 •HR 6800 IH (b) REPORTING; SUNSET.—Section 319F–2(a) of the 1 Public Health Service Act (42 U.S.C. 247d–6b(a)) is 2 amended by adding at the end the following: 3 ‘‘(6) REPORTING.—Not later than September 4 30, 2022, the Secretary shall submit to the Com- 5 mittee on Energy and Commerce of the House of 6 Representatives and the Committee on Health, Edu- 7 cation, Labor and Pensions of the Senate a report 8 on the details of each purchase, lease, or joint ven- 9 ture entered into under paragraph (3)(L), including 10 the amount expended by the Secretary on each such 11 purchase, lease, or joint venture. 12 ‘‘(7) SUNSET.—The authority to make pur- 13 chases, leases, or joint ventures pursuant to para- 14 graph (3)(L) shall cease to be effective on Sep- 15 tember 30, 2023.’’. 16 (c) FUNDING.—Section 319F–2(f) of the Public 17 Health Service Act (42 U.S.C. 247d–6b(f)) is amended by 18 adding at the end the following: 19 ‘‘(3) SUPPLY CHAIN ELASTICITY.— 20 ‘‘(A) IN GENERAL.—For the purpose of 21 carrying out subsection (a)(3)(L), there is au- 22 thorized to be appropriated $500,000,000 for 23 each of fiscal years 2020 through 2023, to re- 24 main available until expended. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00479 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 480 •HR 6800 IH ‘‘(B) RELATION TO OTHER AMOUNTS.— 1 The amount authorized to be appropriated by 2 subparagraph (A) for the purpose of carrying 3 out subsection (a)(3)(L) is in addition to any 4 other amounts available for such purpose.’’. 5 REIMBURSABLE TRANSFERS FROM STRATEGIC NATIONAL 6 STOCKPILE 7 SEC. 30533. 8 Section 319F–2(a) of the Public Health Service Act 9 (42 U.S.C. 247d–6b(a)), as amended, is further amended 10 by adding at the end the following: 11 ‘‘(8) TRANSFERS AND REIMBURSEMENTS.— 12 ‘‘(A) IN GENERAL.—Without regard to 13 chapter 5 of title 40, United States Code, the 14 Secretary may transfer to any Federal depart- 15 ment or agency, on a reimbursable basis, any 16 drugs, vaccines and other biological products, 17 medical devices, and other supplies in the stock- 18 pile if— 19 ‘‘(i) the transferred supplies are less 20 than 6 months from expiry; 21 ‘‘(ii) the stockpile is able to replenish 22 the supplies, as appropriate; and 23 ‘‘(iii) the Secretary decides the trans- 24 fer is in the best interest of the United 25 States Government. 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 481 •HR 6800 IH ‘‘(B) USE OF REIMBURSEMENT.—Reim- 1 bursement derived from the transfer of supplies 2 pursuant to subparagraph (A) may be used by 3 the Secretary, without further appropriation 4 and without fiscal year limitation, to carry out 5 this section. 6 ‘‘(C) REPORT.—Not later than September 7 30, 2022, the Secretary shall submit to the 8 Committee on Energy and Commerce of the 9 House of Representatives and the Committee 10 on Health, Education, Labor and Pensions of 11 the Senate a report on each transfer made 12 under this paragraph and the amount received 13 by the Secretary in exchange for that transfer. 14 ‘‘(D) SUNSET.—The authority to make 15 transfers under this paragraph shall cease to be 16 effective on September 30, 2023.’’. 17 STRATEGIC NATIONAL STOCKPILE ACTION REPORTING 18 SEC. 30534. 19 (a) IN GENERAL.—The Assistant Secretary for Pre- 20 paredness and Response (in this section referred to as the 21 ‘‘Assistant Secretary’’), in coordination with the Adminis- 22 trator of the Federal Emergency Management Agency, 23 shall— 24 (1) not later than 30 days after the date of en- 25 actment of this Act, issue a report to the Committee 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00481 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 482 •HR 6800 IH on Energy and Commerce of the House of Rep- 1 resentatives and the Committee on Health, Edu- 2 cation, Labor and Pensions of the Senate regarding 3 all State, local, Tribal, and territorial requests for 4 supplies from the Strategic National Stockpile re- 5 lated to COVID–19; and 6 (2) not less than every 30 days thereafter 7 through the end of the emergency period (as such 8 term is defined in section 1135(g)(1)(B) of the So- 9 cial Security Act (42 U.S.C. 1320b–5(g)(1)(B))), 10 submit to such committees an updated version of 11 such report. 12 (b) REPORTING PERIOD.— 13 (1) INITIAL REPORT.—The initial report under 14 subsection (a) shall address all requests described in 15 such subsection made during the period— 16 (A) beginning on January 31, 2020; and 17 (B) ending on the date that is 30 days be- 18 fore the date of submission of the report. 19 (2) UPDATES.—Each update to the report 20 under subsection (a) shall address all requests de- 21 scribed in such subsection made during the period— 22 (A) beginning at the end of the previous 23 reporting period under this section; and 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00482 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 483 •HR 6800 IH (B) ending on the date that is 30 days be- 1 fore the date of submission of the updated re- 2 port. 3 (c) CONTENTS OF REPORT.—The report under sub- 4 section (a) (and updates thereto) shall include— 5 (1) the details of each request described in such 6 subsection, including— 7 (A) the specific medical countermeasures, 8 including devices such as personal protective 9 equipment, and other materials requested; and 10 (B) the amount of such materials re- 11 quested; and 12 (2) the outcomes of each request described in 13 subsection (a), including— 14 (A) whether the request was wholly ful- 15 filled, partially fulfilled, or denied; 16 (B) if the request was wholly or partially 17 fulfilled, the fulfillment amount; and 18 (C) if the request was partially fulfilled or 19 denied, a rationale for such outcome. 20 IMPROVED, TRANSPARENT PROCESSES FOR THE 21 STRATEGIC NATIONAL STOCKPILE 22 SEC. 30535. 23 (a) IN GENERAL.—Not later than January 1, 2021, 24 the Secretary, in collaboration with the Assistant Sec- 25 retary for Preparedness and Response and the Director 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00483 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 484 •HR 6800 IH of the Centers for Disease Control and Prevention, shall 1 develop and implement improved, transparent processes 2 for the use and distribution of drugs, vaccines and other 3 biological products, medical devices, and other supplies 4 (including personal protective equipment, ancillary med- 5 ical supplies, and other applicable supplies required for the 6 administration of drugs, vaccines and other biological 7 products, diagnostic tests, and other medical devices ) in 8 the Strategic National Stockpile under section 319F–2 of 9 the Public Health Service Act (42 U.S.C. 247d–6b) (in 10 this section referred to as the ‘‘Stockpile’’). 11 (b) PROCESSES.—The processes developed under 12 subsection (a) shall include— 13 (1) the form and manner in which States, local- 14 ities, Tribes, and territories are required to submit 15 requests for supplies from the Stockpile; 16 (2) the criteria used by the Secretary in re- 17 sponding to such requests, including the reasons for 18 fulfilling or denying such requests; 19 (3) what circumstances result in prioritization 20 of distribution of supplies from the Stockpile to 21 States, localities, Tribes, or territories; 22 (4) clear plans for future, urgent communica- 23 tion between the Secretary and States, localities, 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00484 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 485 •HR 6800 IH Tribes, and territories regarding the outcome of 1 such requests; and 2 (5) any differences in the processes developed 3 under subsection (a) for geographically related emer- 4 gencies, such as weather events, and national emer- 5 gencies, such as pandemics. 6 (c) REPORT TO CONGRESS.—Not later than January 7 1, 2021, the Secretary shall— 8 (1) submit a report to the Committee Energy 9 and Commerce of the House of Representatives and 10 the Committee on Health, Education, Labor and 11 Pensions of the Senate regarding the improved, 12 transparent processes developed under this section; 13 and 14 (2) include in such report recommendations for 15 opportunities for communication (by telebriefing, 16 phone calls, or in-person meetings) between the Sec- 17 retary and States, localities, Tribes, and territories 18 regarding such improved, transparent processes. 19 GAO STUDY ON THE FEASIBILITY AND BENEFITS OF A 20 STRATEGIC NATIONAL STOCKPILE USER FEE AGREEMENT 21 SEC. 30536. 22 (a) IN GENERAL.— The Comptroller General of the 23 United States shall conduct a study to investigate the fea- 24 sibility of establishing user fees to offset certain Federal 25 costs attributable to the procurement of single-source ma- 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00485 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 486 •HR 6800 IH terials for the Strategic National Stockpile under section 1 319F–2 of the Public Health Service Act (42 U.S.C. 2 247d–6b) and distributions of such materials from the 3 Stockpile. In conducting this study, the Comptroller Gen- 4 eral shall consider, to the extent information is available— 5 (1) whether entities receiving such distributions 6 generate profits from those distributions; 7 (2) any Federal costs attributable to such dis- 8 tributions; 9 (3) whether such user fees would provide the 10 Secretary with funding to potentially offset procure- 11 ment costs of such materials for the Strategic Na- 12 tional Stockpile; and 13 (4) any other issues the Comptroller General 14 identifies as relevant. 15 (b) REPORT.—Not later than February 1, 2023, the 16 Comptroller General of the United States shall submit to 17 the Congress a report on the findings and conclusions of 18 the study under subsection (a). 19 Subtitle C—Testing and Testing Infrastructure 20 Improvements 21 COVID–19 TESTING STRATEGY 22 SEC. 30541. 23 (a) STRATEGY.—Not later than June 15, 2020, the 24 Secretary shall update the COVID–19 strategic testing 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00486 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 487 •HR 6800 IH plan under the heading ‘‘Department of Health and 1 Human Services—Office of the Secretary—Public Health 2 and Social Service Emergency Fund’’ in title I of division 3 B of the Paycheck Protection Program and Health Care 4 Enhancement Act (Public Law 116–139, 134 Stat. 620, 5 626–627) and submit to the appropriate congressional 6 committees such updated national plan identifying— 7 (1) what level of, types of, and approaches to 8 testing (including predicted numbers of tests, popu- 9 lations to be tested, and frequency of testing and the 10 appropriate setting whether a health care setting 11 (such as hospital-based, high-complexity laboratory, 12 point-of-care, mobile testing units, pharmacies or 13 community health centers) or non-health care setting 14 (such as workplaces, schools, or child care centers)) 15 are necessary— 16 (A) to sufficiently monitor and contribute 17 to the control of the transmission of SARS– 18 CoV–2 in the United States; 19 (B) to ensure that any reduction in social 20 distancing efforts, when determined appropriate 21 by public health officials, can be undertaken in 22 a manner that optimizes the health and safety 23 of the people of the United States, and reduces 24 disparities (including disparities related to race, 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00487 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 488 •HR 6800 IH ethnicity, sex, age, disability status, socio- 1 economic status, and geographic location) in the 2 prevalence of, incidence of, and health outcomes 3 with respect to, COVID–19; and 4 (C) to provide for ongoing surveillance suf- 5 ficient to support contact tracing, case identi- 6 fication, quarantine, and isolation to prevent fu- 7 ture outbreaks of COVID–19; 8 (2) specific plans and benchmarks, each with 9 clear timelines, to ensure— 10 (A) such level of, types of, and approaches 11 to testing as are described in paragraph (1), 12 with respect to optimizing health and safety; 13 (B) sufficient availability of all necessary 14 testing materials and supplies, including extrac- 15 tion and testing kits, reagents, transport media, 16 swabs, instruments, analysis equipment, per- 17 sonal protective equipment if necessary for test- 18 ing (including point-of-care testing), and other 19 equipment; 20 (C) allocation of testing materials and sup- 21 plies in a manner that optimizes public health, 22 including by considering the variable impact of 23 SARS–CoV–2 on specific States, territories, In- 24 dian Tribes, Tribal organizations, urban Indian 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 489 •HR 6800 IH organizations, communities, industries, and pro- 1 fessions; 2 (D) sufficient evidence of validation for 3 tests that are deployed as a part of such strat- 4 egy; 5 (E) sufficient laboratory and analytical ca- 6 pacity, including target turnaround time for 7 test results; 8 (F) sufficient personnel, including per- 9 sonnel to collect testing samples, conduct and 10 analyze results, and conduct testing follow-up, 11 including contact tracing, as appropriate; and 12 (G) enforcement of the Families First 13 Coronavirus Response Act (Public Law 116– 14 127) to ensure patients who are tested are not 15 subject to cost sharing; 16 (3) specific plans to ensure adequate testing in 17 rural areas, frontier areas, health professional short- 18 age areas, and medically underserved areas (as de- 19 fined in section 330I(a) of the Public Health Service 20 Act (42 U.S.C. 254c–14(a))), and for underserved 21 populations, Native Americans (including Indian 22 Tribes, Tribal organizations, and urban Indian orga- 23 nizations), and populations at increased risk related 24 to COVID–19; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00489 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 490 •HR 6800 IH (4) specific plans to ensure accessibility of test- 1 ing to people with disabilities, older individuals, and 2 individuals with underlying health conditions or 3 weakened immune systems; and 4 (5) specific plans for broadly developing and 5 implementing testing for potential immunity in the 6 United States, as appropriate, in a manner suffi- 7 cient— 8 (A) to monitor and contribute to the con- 9 trol of SARS–CoV–2 in the United States; 10 (B) to ensure that any reduction in social 11 distancing efforts, when determined appropriate 12 by public health officials, can be undertaken in 13 a manner that optimizes the health and safety 14 of the people of the United States; and 15 (C) to reduce disparities (including dispari- 16 ties related to race, ethnicity, sex, age, dis- 17 ability status, socioeconomic status, and geo- 18 graphic location) in the prevalence of, incidence 19 of, and health outcomes with respect to, 20 COVID–19. 21 (b) COORDINATION.—The Secretary shall carry out 22 this section— 23 (1) in coordination with the Administrator of 24 the Federal Emergency Management Agency; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00490 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 491 •HR 6800 IH (2) in collaboration with other agencies and de- 1 partments, as appropriate; and 2 (3) taking into consideration the State plans for 3 COVID–19 testing prepared as required under the 4 heading ‘‘Department of Health and Human Serv- 5 ices—Office of the Secretary—Public Health and 6 Social Service Emergency Fund’’ in title I of divi- 7 sion B of the Paycheck Protection Program and 8 Health Care Enhancement Act (Public Law 116– 9 139; 134 Stat. 620, 624). 10 (c) UPDATES.— 11 (1) FREQUENCY.—The updated national plan 12 under subsection (a) shall be updated every 30 days 13 until the end of the public health emergency first de- 14 clared by the Secretary under section 319 of the 15 Public Health Service Act (42 U.S.C. 247d) on Jan- 16 uary 31, 2020, with respect to COVID–19. 17 (2) RELATION TO OTHER LAW.—Paragraph (1) 18 applies in lieu of the requirement (for updates every 19 90 days until funds are expended) in the second to 20 last proviso under the heading ‘‘Department of 21 Health and Human Services—Office of the Sec- 22 retary—Public Health and Social Service Emergency 23 Fund’’ in title I of division B of the Paycheck Pro- 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00491 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 492 •HR 6800 IH tection Program and Health Care Enhancement Act 1 (Public Law 116–139; 134 Stat. 620, 627). 2 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 3 In this section, the term ‘‘appropriate congressional com- 4 mittees’’ means— 5 (1) the Committee on Appropriations and the 6 Committee on Energy and Commerce of the House 7 of Representatives; and 8 (2) the Committee on Appropriations and the 9 Committee on Health, Education, Labor and Pen- 10 sions and of the Senate. 11 CENTRALIZED TESTING INFORMATION WEBSITE 12 SEC. 30542. 13 The Secretary shall establish and maintain a public, 14 searchable webpage, to be updated and corrected as nec- 15 essary through a process established by the Secretary, on 16 the website of the Department of Health and Human 17 Services that— 18 (1) identifies all in vitro diagnostic and sero- 19 logical tests used in the United States to analyze 20 clinical specimens for detection of SARS–CoV–2 or 21 antibodies specific to SARS–CoV–2, including— 22 (A) those tests— 23 (i) that are approved, cleared, or au- 24 thorized under section 510(k), 513, 515, or 25 564 of the Federal Food, Drug, and Cos- 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00492 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 493 •HR 6800 IH metic Act (21 U.S.C. 360(k), 360c, 360e, 1 360bbb–3); 2 (ii) that have been validated by the 3 test’s developers for use on clinical speci- 4 mens and for which the developer has noti- 5 fied the Food and Drug Administration of 6 the developer’s intent to market the test 7 consistent with applicable guidance issued 8 by the Secretary; or 9 (iii) that have been developed and au- 10 thorized by a State that has notified the 11 Secretary of the State’s intention to review 12 tests intended to diagnose COVID–19; and 13 (B) other SARS–CoV–2-related tests that 14 the Secretary determines appropriate in guid- 15 ance, which may include tests related to the 16 monitoring of COVID–19 patient status; 17 (2) provides relevant information, as deter- 18 mined by the Secretary, on each test identified pur- 19 suant to paragraph (1), which may include— 20 (A) the name and contact information of 21 the developer of the test; 22 (B) the date of receipt of notification by 23 the Food and Drug Administration of the devel- 24 oper’s intent to market the test; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00493 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 494 •HR 6800 IH (C) the date of authorization for use of the 1 test on clinical specimens, where applicable; 2 (D) the letter of authorization for use of 3 the test on clinical specimens, where applicable; 4 (E) any fact sheets, manufacturer instruc- 5 tions, and package inserts for the test, includ- 6 ing information on intended use; 7 (F) sensitivity and specificity of the test; 8 and 9 (G) in the case of tests distributed by com- 10 mercial manufacturers, the number of tests dis- 11 tributed and, if available, the number of labora- 12 tories in the United States with the required 13 platforms installed to perform the test; and 14 (3) includes— 15 (A) a list of laboratories certified under 16 section 353 of the Public Health Service Act 17 (42 U.S.C. 263a; commonly referred to as 18 ‘‘CLIA’’) that— 19 (i) meet the regulatory requirements 20 under such section to perform high- or 21 moderate-complexity testing; and 22 (ii) are authorized to perform SARS– 23 CoV–2 diagnostic or serological tests on 24 clinical specimens; and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00494 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 495 •HR 6800 IH (B) information on each laboratory identi- 1 fied pursuant to subparagraph (A), including— 2 (i) the name and address of the lab- 3 oratory; 4 (ii) the CLIA certificate number; 5 (iii) the laboratory type; 6 (iv) the certificate type; and 7 (v) the complexity level. 8 MANUFACTURER REPORTING OF TEST DISTRIBUTION 9 SEC. 30543. 10 (a) IN GENERAL.—A commercial manufacturer of an 11 in vitro diagnostic or serological COVID–19 test shall, on 12 a weekly basis, submit a notification to the Secretary re- 13 garding distribution of each such test, which notifica- 14 tion— 15 (1) shall include the number of tests distributed 16 and the entities to which the tests are distributed; 17 and 18 (2) may include the quantity of such tests dis- 19 tributed by the manufacturer. 20 (b) CONFIDENTIALITY.—Nothing in this section shall 21 be construed as authorizing the Secretary to disclose any 22 information that is a trade secret or confidential informa- 23 tion subject to section 552(b)(4) of title 5, United States 24 Code, or section 1905 of title 18, United States Code. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00495 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 496 •HR 6800 IH (c) FAILURE TO MEET REQUIREMENTS.—If a manu- 1 facturer fails to submit a notification as required under 2 subsection (a), the following applies: 3 (1) The Secretary shall issue a letter to such 4 manufacturer informing such manufacturer of such 5 failure. 6 (2) Not later than 7 calendar days after the 7 issuance of a letter under paragraph (1), the manu- 8 facturer to whom such letter is issued shall submit 9 to the Secretary a written response to such letter— 10 (A) setting forth the basis for noncompli- 11 ance; and 12 (B) providing information as required 13 under subsection (a). 14 (3) Not later than 14 calendar days after the 15 issuance of a letter under paragraph (1), the Sec- 16 retary shall make such letter and any response to 17 such letter under paragraph (2) available to the pub- 18 lic on the internet website of the Food and Drug Ad- 19 ministration, with appropriate redactions made to 20 protect information described in subsection (b). The 21 preceding sentence shall not apply if the Secretary 22 determines that— 23 (A) the letter under paragraph (1) was 24 issued in error; or 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00496 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 497 •HR 6800 IH (B) after review of such response, the 1 manufacturer had a reasonable basis for not 2 notifying as required under subsection (a). 3 STATE TESTING REPORT 4 SEC. 30544. 5 For any State that authorizes (or intends to author- 6 ize) one or more laboratories in the State to develop and 7 perform in vitro diagnostic COVID–19 tests, the head of 8 the department or agency of such State with primary re- 9 sponsibility for health shall— 10 (1) notify the Secretary of such authorization 11 (or intention to authorize); and 12 (2) provide the Secretary with a weekly re- 13 port— 14 (A) identifying all laboratories authorized 15 (or intended to be authorized) by the State to 16 develop and perform in vitro diagnostic 17 COVID–19 tests; 18 (B) including relevant information on all 19 laboratories identified pursuant to subpara- 20 graph (A), which may include information on 21 laboratory testing capacity; 22 (C) identifying all in vitro diagnostic 23 COVID–19 tests developed and approved for 24 clinical use in laboratories identified pursuant 25 to subparagraph (A); and 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00497 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 498 •HR 6800 IH (D) including relevant information on all 1 tests identified pursuant to subparagraph (C), 2 which may include— 3 (i) the name and contact information 4 of the developer of any such test; 5 (ii) any fact sheets, manufacturer in- 6 structions, and package inserts for any 7 such test, including information on in- 8 tended use; and 9 (iii) the sensitivity and specificity of 10 any such test. 11 STATE LISTING OF TESTING SITES 12 SEC. 30545. 13 Not later than 14 days after the date of enactment 14 of this Act, any State receiving funding or assistance 15 under this Act, as a condition on such receipt, shall estab- 16 lish and maintain a public, searchable webpage on the offi- 17 cial website of the State that— 18 (1) identifies all sites located in the State that 19 provide diagnostic or serological testing for SARS– 20 CoV–2; and 21 (2) provides appropriate contact information for 22 SARS–CoV–2 testing sites pursuant to paragraph 23 (1). 24 REPORTING OF COVID–19 TESTING RESULTS 25 SEC. 30546. 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 499 •HR 6800 IH (a) IN GENERAL.—Every laboratory that performs or 1 analyzes a test that is intended to detect SARS–CoV–2 2 or to diagnose a possible case of COVID–19 shall report 3 daily the number of tests performed and the results from 4 each such test to the Secretary of Health and Human 5 Services and to the Secretary of Homeland Security, in 6 such form and manner as such Secretaries may prescribe. 7 Such information shall be made available to the public in 8 a searchable, electronic format. 9 (b) ADDITIONAL REPORTING REQUIREMENTS.—The 10 Secretaries specified in subsection (a)— 11 (1) may specify additional reporting require- 12 ments under this section by regulation, including by 13 interim final rule, or by guidance; and 14 (2) may issue such regulations or guidance 15 without regard to the procedures otherwise required 16 by section 553 of title 5, United States Code. 17 GAO REPORT ON DIAGNOSTIC TESTS 18 SEC. 30547. 19 (a) GAO STUDY.—Not later than 18 months after 20 the date of enactment of this Act, the Comptroller General 21 of the United States shall submit to the Committee on 22 Energy and Commerce of the House of Representatives 23 and the Committee on Health, Education, Labor and Pen- 24 sions of the Senate a report describing the response of 25 entities described in subsection (b) to the COVID–19 pan- 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00499 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 500 •HR 6800 IH demic with respect to the development, regulatory evalua- 1 tion, and deployment of diagnostic tests. 2 (b) ENTITIES DESCRIBED.—Entities described in 3 this subsection include— 4 (1) laboratories, including public health, aca- 5 demic, clinical, and commercial laboratories; 6 (2) diagnostic test manufacturers; 7 (3) State, local, Tribal, and territorial govern- 8 ments; and 9 (4) the Food and Drug Administration, the 10 Centers for Disease Control and Prevention, the 11 Centers for Medicare & Medicaid Services, the Na- 12 tional Institutes of Health, and other relevant Fed- 13 eral agencies, as appropriate. 14 (c) CONTENTS.—The report under subsection (a) 15 shall include— 16 (1) a description of actions taken by entities de- 17 scribed in subsection (b) to develop, evaluate, and 18 deploy diagnostic tests; 19 (2) an assessment of the coordination of Fed- 20 eral agencies in the development, regulatory evalua- 21 tion, and deployment of diagnostic tests; 22 (3) an assessment of the standards used by the 23 Food and Drug Administration to evaluate diag- 24 nostic tests; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00500 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 501 •HR 6800 IH (4) an assessment of the clarity of Federal 1 agency guidance related to testing, including the 2 ability for individuals without medical training to 3 understand which diagnostic tests had been evalu- 4 ated by the Food and Drug Administration; 5 (5) a description of— 6 (A) actions taken and clinical processes 7 employed by States and territories that have 8 authorized laboratories to develop and perform 9 diagnostic tests not authorized, approved, or 10 cleared by the Food and Drug Administration, 11 including actions of such States and territories 12 to evaluate the accuracy and sensitivity of such 13 tests; and 14 (B) the standards used by States and ter- 15 ritories when deciding when to authorize labora- 16 tories to develop or perform diagnostic tests; 17 (6) an assessment of the steps taken by labora- 18 tories and diagnostic test manufacturers to validate 19 diagnostic tests, as well as the evidence collected by 20 such entities to support validation; and 21 (7) based on available reports, an assessment of 22 the accuracy and sensitivity of a representative sam- 23 ple of available diagnostic tests. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00501 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 502 •HR 6800 IH (d) DEFINITION.—In this section, the term ‘‘diag- 1 nostic test’’ means an in vitro diagnostic product (as de- 2 fined in section 809.3(a) of title 21, Code of Federal Regu- 3 lations) for— 4 (1) the detection of SARS–CoV–2; 5 (2) the diagnosis of the virus that causes 6 COVID–19; or 7 (3) the detection of antibodies specific to 8 SARS–CoV–2, such as a serological test. 9 PUBLIC HEALTH DATA SYSTEM TRANSFORMATION 10 SEC. 30548. 11 Subtitle C of title XXVIII of the Public Health Serv- 12 ice Act (42 U.S.C. 300hh–31 et seq.) is amended by add- 13 ing at the end the following: 14 ‘‘SEC. 2822. PUBLIC HEALTH DATA SYSTEM TRANS- 15 FORMATION. 16 ‘‘(a) EXPANDING CDC AND PUBLIC HEALTH DE- 17 PARTMENT CAPABILITIES.— 18 ‘‘(1) IN GENERAL.—The Secretary, acting 19 through the Director of the Centers for Disease 20 Control and Prevention, shall— 21 ‘‘(A) conduct activities to expand, enhance, 22 and improve applicable public health data sys- 23 tems used by the Centers for Disease Control 24 and Prevention, related to the interoperability 25 and improvement of such systems (including as 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00502 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 503 •HR 6800 IH it relates to preparedness for, prevention and 1 detection of, and response to public health 2 emergencies); and 3 ‘‘(B) award grants or cooperative agree- 4 ments to State, local, Tribal, or territorial pub- 5 lic health departments for the expansion and 6 modernization of public health data systems, to 7 assist public health departments in— 8 ‘‘(i) assessing current data infrastruc- 9 ture capabilities and gaps to improve and 10 increase consistency in data collection, 11 storage, and analysis and, as appropriate, 12 to improve dissemination of public health- 13 related information; 14 ‘‘(ii) improving secure public health 15 data collection, transmission, exchange, 16 maintenance, and analysis; 17 ‘‘(iii) improving the secure exchange 18 of data between the Centers for Disease 19 Control and Prevention, State, local, Trib- 20 al, and territorial public health depart- 21 ments, public health organizations, and 22 health care providers, including by public 23 health officials in multiple jurisdictions 24 within such State, as appropriate, and by 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00503 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 504 •HR 6800 IH simplifying and supporting reporting by 1 health care providers, as applicable, pursu- 2 ant to State law, including through the use 3 of health information technology; 4 ‘‘(iv) enhancing the interoperability of 5 public health data systems (including sys- 6 tems created or accessed by public health 7 departments) with health information tech- 8 nology, including with health information 9 technology certified under section 10 3001(c)(5); 11 ‘‘(v) supporting and training data sys- 12 tems, data science, and informatics per- 13 sonnel; 14 ‘‘(vi) supporting earlier disease and 15 health condition detection, such as through 16 near real-time data monitoring, to support 17 rapid public health responses; 18 ‘‘(vii) supporting activities within the 19 applicable jurisdiction related to the expan- 20 sion and modernization of electronic case 21 reporting; and 22 ‘‘(viii) developing and disseminating 23 information related to the use and impor- 24 tance of public health data. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00504 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 505 •HR 6800 IH ‘‘(2) DATA STANDARDS.—In carrying out para- 1 graph (1), the Secretary, acting through the Direc- 2 tor of the Centers for Disease Control and Preven- 3 tion, shall, as appropriate and in consultation with 4 the Office of the National Coordinator for Health 5 Information Technology, designate data and tech- 6 nology standards (including standards for interoper- 7 ability) for public health data systems, with def- 8 erence given to standards published by consensus- 9 based standards development organizations with 10 public input and voluntary consensus-based stand- 11 ards bodies. 12 ‘‘(3) PUBLIC-PRIVATE PARTNERSHIPS.—The 13 Secretary may develop and utilize public-private 14 partnerships for technical assistance, training, and 15 related implementation support for State, local, 16 Tribal, and territorial public health departments, 17 and the Centers for Disease Control and Prevention, 18 on the expansion and modernization of electronic 19 case reporting and public health data systems, as 20 applicable. 21 ‘‘(b) REQUIREMENTS.— 22 ‘‘(1) HEALTH INFORMATION TECHNOLOGY 23 STANDARDS.—The Secretary may not award a grant 24 or cooperative agreement under subsection (a)(1)(B) 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00505 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 506 •HR 6800 IH unless the applicant uses or agrees to use standards 1 endorsed by the National Coordinator for Health In- 2 formation Technology pursuant to section 3 3001(c)(1) or adopted by the Secretary under sec- 4 tion 3004. 5 ‘‘(2) WAIVER.—The Secretary may waive the 6 requirement under paragraph (1) with respect to an 7 applicant if the Secretary determines that the activi- 8 ties under subsection (a)(1)(B) cannot otherwise be 9 carried out within the applicable jurisdiction. 10 ‘‘(3) APPLICATION.—A State, local, Tribal, or 11 territorial health department applying for a grant or 12 cooperative agreement under this section shall sub- 13 mit an application to the Secretary at such time and 14 in such manner as the Secretary may require. Such 15 application shall include information describing— 16 ‘‘(A) the activities that will be supported 17 by the grant or cooperative agreement; and 18 ‘‘(B) how the modernization of the public 19 health data systems involved will support or im- 20 pact the public health infrastructure of the 21 health department, including a description of 22 remaining gaps, if any, and the actions needed 23 to address such gaps. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00506 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 507 •HR 6800 IH ‘‘(c) STRATEGY AND IMPLEMENTATION PLAN.—Not 1 later than 180 days after the date of enactment of this 2 section, the Secretary, acting through the Director of the 3 Centers for Disease Control and Prevention, shall submit 4 to the Committee on Health, Education, Labor and Pen- 5 sions of the Senate and the Committee on Energy and 6 Commerce of the House of Representatives a coordinated 7 strategy and an accompanying implementation plan that 8 identifies and demonstrates the measures the Secretary 9 will utilize to— 10 ‘‘(1) update and improve applicable public 11 health data systems used by the Centers for Disease 12 Control and Prevention; and 13 ‘‘(2) carry out the activities described in this 14 section to support the improvement of State, local, 15 Tribal, and territorial public health data systems. 16 ‘‘(d) CONSULTATION.—The Secretary, acting 17 through the Director of the Centers for Disease Control 18 and Prevention, shall consult with State, local, Tribal, and 19 territorial health departments, professional medical and 20 public health associations, associations representing hos- 21 pitals or other health care entities, health information 22 technology experts, and other appropriate public or private 23 entities regarding the plan and grant program to mod- 24 ernize public health data systems pursuant to this section. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 508 •HR 6800 IH Activities under this subsection may include the provision 1 of technical assistance and training related to the ex- 2 change of information by such public health data systems 3 used by relevant health care and public health entities at 4 the local, State, Federal, Tribal, and territorial levels, and 5 the development and utilization of public-private partner- 6 ships for implementation support applicable to this sec- 7 tion. 8 ‘‘(e) REPORT TO CONGRESS.—Not later than 1 year 9 after the date of enactment of this section, the Secretary 10 shall submit a report to the Committee on Health, Edu- 11 cation, Labor and Pensions of the Senate and the Com- 12 mittee on Energy and Commerce of the House of Rep- 13 resentatives that includes— 14 ‘‘(1) a description of any barriers to— 15 ‘‘(A) public health authorities imple- 16 menting interoperable public health data sys- 17 tems and electronic case reporting; 18 ‘‘(B) the exchange of information pursuant 19 to electronic case reporting; or 20 ‘‘(C) reporting by health care providers 21 using such public health data systems, as ap- 22 propriate, and pursuant to State law; 23 ‘‘(2) an assessment of the potential public 24 health impact of implementing electronic case re- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00508 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 509 •HR 6800 IH porting and interoperable public health data sys- 1 tems; and 2 ‘‘(3) a description of the activities carried out 3 pursuant to this section. 4 ‘‘(f) ELECTRONIC CASE REPORTING.—In this sec- 5 tion, the term ‘electronic case reporting’ means the auto- 6 mated identification, generation, and bilateral exchange of 7 reports of health events among electronic health record or 8 health information technology systems and public health 9 authorities. 10 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To 11 carry out this section, there are authorized to be appro- 12 priated $450,000,000 to remain available until ex- 13 pended.’’. 14 PILOT PROGRAM TO IMPROVE LABORATORY 15 INFRASTRUCTURE 16 SEC. 30549. 17 (a) IN GENERAL.—The Secretary shall award grants 18 to States and political subdivisions of States to support 19 the improvement, renovation, or modernization of infra- 20 structure at clinical laboratories (as defined in section 353 21 of the Public Health Service Act (42 U.S.C. 263a)) that 22 will help to improve SARS–CoV–2 and COVID–19 testing 23 and response activities, including the expansion and en- 24 hancement of testing capacity at such laboratories. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00509 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 510 •HR 6800 IH (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 1 out this section, there is authorized to be appropriated 2 $1,000,000,000 to remain available until expended. 3 CORE PUBLIC HEALTH INFRASTRUCTURE FOR STATE, 4 LOCAL, TRIBAL, AND TERRITORIAL HEALTH DE- 5 PARTMENTS 6 SEC. 30550. 7 (a) PROGRAM.—The Secretary, acting through the 8 Director of the Centers for Disease Control and Preven- 9 tion, shall establish a core public health infrastructure 10 program consisting of awarding grants under subsection 11 (b). 12 (b) GRANTS.— 13 (1) AWARD.—For the purpose of addressing 14 core public health infrastructure needs, the Sec- 15 retary— 16 (A) shall award a grant to each State 17 health department; and 18 (B) may award grants on a competitive 19 basis to State, local, Tribal, or territorial health 20 departments. 21 (2) ALLOCATION.—Of the total amount of 22 funds awarded as grants under this subsection for a 23 fiscal year— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00510 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 511 •HR 6800 IH (A) not less than 50 percent shall be for 1 grants to State health departments under para- 2 graph (1)(A); and 3 (B) not less than 30 percent shall be for 4 grants to State, local, Tribal, or territorial 5 health departments under paragraph (1)(B). 6 (c) USE OF FUNDS.—A State, local, Tribal, or terri- 7 torial health department receiving a grant under sub- 8 section (b) shall use the grant funds to address core public 9 health infrastructure needs, including those identified in 10 the accreditation process under subsection (g). 11 (d) FORMULA GRANTS TO STATE HEALTH DEPART- 12 MENTS.—In making grants under subsection (b)(1)(A), 13 the Secretary shall award funds to each State health de- 14 partment in accordance with— 15 (1) a formula based on population size; burden 16 of preventable disease and disability; and core public 17 health infrastructure gaps, including those identified 18 in the accreditation process under subsection (g); 19 and 20 (2) application requirements established by the 21 Secretary, including a requirement that the State 22 health department submit a plan that demonstrates 23 to the satisfaction of the Secretary that the State’s 24 health department will— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00511 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 512 •HR 6800 IH (A) address its highest priority core public 1 health infrastructure needs; and 2 (B) as appropriate, allocate funds to local 3 health departments within the State. 4 (e) COMPETITIVE GRANTS TO STATE, LOCAL, TRIB- 5 AL, AND TERRITORIAL HEALTH DEPARTMENTS.—In 6 making grants under subsection (b)(1)(B), the Secretary 7 shall give priority to applicants demonstrating core public 8 health infrastructure needs identified in the accreditation 9 process under subsection (g). 10 (f) MAINTENANCE OF EFFORT.—The Secretary may 11 award a grant to an entity under subsection (b) only if 12 the entity demonstrates to the satisfaction of the Sec- 13 retary that— 14 (1) funds received through the grant will be ex- 15 pended only to supplement, and not supplant, non- 16 Federal and Federal funds otherwise available to the 17 entity for the purpose of addressing core public 18 health infrastructure needs; and 19 (2) with respect to activities for which the grant 20 is awarded, the entity will maintain expenditures of 21 non-Federal amounts for such activities at a level 22 not less than the level of such expenditures main- 23 tained by the entity for the fiscal year preceding the 24 fiscal year for which the entity receives the grant. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00512 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 513 •HR 6800 IH (g) ESTABLISHMENT OF A PUBLIC HEALTH ACCRED- 1 ITATION PROGRAM.— 2 (1) IN GENERAL.—The Secretary shall— 3 (A) develop, and periodically review and 4 update, standards for voluntary accreditation of 5 State, local, Tribal, and territorial health de- 6 partments and public health laboratories for the 7 purpose of advancing the quality and perform- 8 ance of such departments and laboratories; and 9 (B) implement a program to accredit such 10 health departments and laboratories in accord- 11 ance with such standards. 12 (2) COOPERATIVE AGREEMENT.—The Secretary 13 may enter into a cooperative agreement with a pri- 14 vate nonprofit entity to carry out paragraph (1). 15 (h) REPORT.—The Secretary shall submit to the Con- 16 gress an annual report on progress being made to accredit 17 entities under subsection (g), including— 18 (1) a strategy, including goals and objectives, 19 for accrediting entities under subsection (g) and 20 achieving the purpose described in subsection 21 (g)(1)(A); 22 (2) identification of gaps in research related to 23 core public health infrastructure; and 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 514 •HR 6800 IH (3) recommendations of priority areas for such 1 research. 2 (i) DEFINITION.—In this section, the term ‘‘core pub- 3 lic health infrastructure’’ includes— 4 (1) workforce capacity and competency; 5 (2) laboratory systems; 6 (3) testing capacity, including test platforms, 7 mobile testing units, and personnel; 8 (4) health information, health information sys- 9 tems, and health information analysis; 10 (5) disease surveillance; 11 (6) contact tracing; 12 (7) communications; 13 (8) financing; 14 (9) other relevant components of organizational 15 capacity; and 16 (10) other related activities. 17 (j) AUTHORIZATION OF APPROPRIATIONS.—To carry 18 out this section, there are authorized to be appropriated 19 $6,000,000,000, to remain available until expended. 20 CORE PUBLIC HEALTH INFRASTRUCTURE AND ACTIVITIES 21 FOR CDC 22 SEC. 30551. 23 (a) IN GENERAL.—The Secretary, acting through the 24 Director of the Centers for Disease Control and Preven- 25 tion, shall expand and improve the core public health in- 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00514 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 515 •HR 6800 IH frastructure and activities of the Centers for Disease Con- 1 trol and Prevention to address unmet and emerging public 2 health needs. 3 (b) REPORT.—The Secretary shall submit to the Con- 4 gress an annual report on the activities funded through 5 this section. 6 (c) DEFINITION.—In this section, the term ‘‘core 7 public health infrastructure’’ has the meaning given to 8 such term in section 30550. 9 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 10 out this section, there is authorized to be appropriated 11 $1,000,000,000, to remain available until expended. 12 Subtitle D—COVID–19 National Testing and Contact 13 Tracing Initiative 14 NATIONAL SYSTEM FOR COVID–19 TESTING, CONTACT 15 TRACING, SURVEILLANCE, CONTAINMENT, AND MITI- 16 GATION 17 SEC. 30561. 18 (a) IN GENERAL.—The Secretary, acting through the 19 Director of the Centers for Disease Control and Preven- 20 tion, and in coordination with State, local, Tribal, and ter- 21 ritorial health departments, shall establish and implement 22 a nationwide evidence-based system for— 23 (1) testing, contact tracing, surveillance, con- 24 tainment, and mitigation with respect to COVID–19; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00515 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 516 •HR 6800 IH (2) offering guidance on voluntary isolation and 1 quarantine of individuals infected with, or exposed to 2 individuals infected with, the virus that causes 3 COVID–19; and 4 (3) public reporting on testing, contact tracing, 5 surveillance, and voluntary isolation and quarantine 6 activities with respect to COVID–19. 7 (b) COORDINATION; TECHNICAL ASSISTANCE.—In 8 carrying out the national system under this section, the 9 Secretary shall— 10 (1) coordinate State, local, Tribal, and terri- 11 torial activities related to testing, contact tracing, 12 surveillance, containment, and mitigation with re- 13 spect to COVID–19, as appropriate; and 14 (2) provide technical assistance for such activi- 15 ties, as appropriate. 16 (c) CONSIDERATION.—In establishing and imple- 17 menting the national system under this section, the Sec- 18 retary shall take into consideration— 19 (1) the State plans referred to in the heading 20 ‘‘Public Health and Social Services Emergency 21 Fund’’ in title I of division B of the Paycheck Pro- 22 tection Program and Health Care Enhancement Act 23 (Public Law 116–139); and 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00516 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 517 •HR 6800 IH (2) the testing strategy submitted under section 1 30541. 2 (d) REPORTING.—The Secretary shall— 3 (1) not later than December 31, 2020, submit 4 to the Committee on Energy and Commerce of the 5 House of Representatives and the Committee on 6 Health, Education, Labor and Pensions a prelimi- 7 nary report on the effectiveness of the activities car- 8 ried out pursuant to this subtitle; and 9 (2) not later than December 21, 2021, submit 10 to such committees a final report on such effective- 11 ness. 12 GRANTS 13 SEC. 30562. 14 (a) IN GENERAL.—To implement the national system 15 under section 30561, the Secretary, acting through the 16 Director of the Centers for Disease Control and Preven- 17 tion, shall, subject to the availability of appropriations, 18 award grants to State, local, Tribal, and territorial health 19 departments that seek grants under this section to carry 20 out coordinated testing, contact tracing, surveillance, con- 21 tainment, and mitigation with respect to COVID–19, in- 22 cluding— 23 (1) diagnostic and surveillance testing and re- 24 porting; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00517 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 518 •HR 6800 IH (2) community-based contact tracing efforts; 1 and 2 (3) policies related to voluntary isolation and 3 quarantine of individuals infected with, or exposed to 4 individuals infected with, the virus that causes 5 COVID–19. 6 (b) FLEXIBILITY.—The Secretary shall ensure that— 7 (1) the grants under subsection (a) provide 8 flexibility for State, local, Tribal, and territorial 9 health departments to modify, establish, or maintain 10 evidence-based systems; and 11 (2) local health departments receive funding 12 from State health departments or directly from the 13 Centers for Disease Control and Prevention to con- 14 tribute to such systems, as appropriate. 15 (c) ALLOCATIONS.— 16 (1) FORMULA.—The Secretary, acting through 17 the Director of the Centers for Disease Control and 18 Prevention, shall allocate amounts made available 19 pursuant to subsection (a) in accordance with a for- 20 mula to be established by the Secretary that pro- 21 vides a minimum level of funding to each State, 22 local, Tribal, and territorial health department that 23 seeks a grant under this section and allocates addi- 24 tional funding based on the following prioritization: 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00518 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 519 •HR 6800 IH (A) The Secretary shall give highest pri- 1 ority to applicants proposing to serve popu- 2 lations in one or more geographic regions with 3 a high burden of COVID–19 based on data pro- 4 vided by the Centers for Disease Control and 5 Prevention, or other sources as determined by 6 the Secretary. 7 (B) The Secretary shall give second high- 8 est priority to applicants preparing for, or cur- 9 rently working to mitigate, a COVID–19 surge 10 in a geographic region that does not yet have 11 a high number of reported cases of COVID–19 12 based on data provided by the Centers for Dis- 13 ease Control and Prevention, or other sources 14 as determined by the Secretary. 15 (C) The Secretary shall give third highest 16 priority to applicants proposing to serve high 17 numbers of low-income and uninsured popu- 18 lations, including medically underserved popu- 19 lations (as defined in section 330(b)(3) of the 20 Public Health Service Act (42 U.S.C. 21 254b(b)(3))), health professional shortage areas 22 (as defined under section 332(a) of the Public 23 Health Service Act (42 U.S.C. 254e(a))), racial 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00519 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 520 •HR 6800 IH and ethnic minorities, or geographically diverse 1 areas, as determined by the Secretary. 2 (2) NOTIFICATION.—Not later than the date 3 that is one week before first awarding grants under 4 this section, the Secretary shall submit to the Com- 5 mittee on Energy and Commerce of the House of 6 Representatives and the Committee on Health, Edu- 7 cation, Labor and Pensions of the Senate a notifica- 8 tion detailing the formula established under para- 9 graph (1) for allocating amounts made available pur- 10 suant to subsection (a). 11 (d) USE OF FUNDS.—A State, local, Tribal, and ter- 12 ritorial health department receiving a grant under this 13 section shall, to the extent possible, use the grant funds 14 for the following activities, or other activities deemed ap- 15 propriate by the Director of the Centers for Disease Con- 16 trol and Prevention: 17 (1) TESTING.—To implement a coordinated 18 testing system that— 19 (A) leverages or modernizes existing test- 20 ing infrastructure and capacity; 21 (B) is consistent with the updated testing 22 strategy required under section 30541; 23 (C) is coordinated with the State plan for 24 COVID–19 testing prepared as required under 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00520 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 521 •HR 6800 IH the heading ‘‘Department of Health and 1 Human Services—Office of the Secretary— 2 Public Health and Social Service Emergency 3 Fund’’ in title I of division B of the Paycheck 4 Protection Program and Health Care Enhance- 5 ment Act (Public Law 116–139; 134 Stat. 620, 6 624); 7 (D) is informed by contact tracing and 8 surveillance activities under this subtitle; 9 (E) is informed by guidelines established 10 by the Centers for Disease Control and Preven- 11 tion for which populations should be tested; 12 (F) identifies how diagnostic and sero- 13 logical tests in such system shall be validated 14 prior to use; 15 (G) identifies how diagnostic and sero- 16 logical tests and testing supplies will be distrib- 17 uted to implement such system; 18 (H) identifies specific strategies for ensur- 19 ing testing capabilities and accessibility in 20 medically underserved populations (as defined 21 in section 330(b)(3) of the Public Health Serv- 22 ice Act (42 U.S.C. 254b(b)(3))), health profes- 23 sional shortage areas (as defined under section 24 332(a) of the Public Health Service Act (42 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00521 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 522 •HR 6800 IH U.S.C. 254e(a))), racial and ethnic minority 1 populations, and geographically diverse areas, 2 as determined by the Secretary; 3 (I) identifies how testing may be used, and 4 results may be reported, in both health care set- 5 tings (such as hospitals, laboratories for mod- 6 erate or high-complexity testing, pharmacies, 7 mobile testing units, and community health cen- 8 ters) and non-health care settings (such as 9 workplaces, schools, childcare centers, or drive- 10 throughs); 11 (J) allows for testing in sentinel surveil- 12 lance programs, as appropriate; and 13 (K) supports the procurement and dis- 14 tribution of diagnostic and serological tests and 15 testing supplies to meet the goals of the system. 16 (2) CONTACT TRACING.—To implement a co- 17 ordinated contact tracing system that— 18 (A) leverages or modernizes existing con- 19 tact tracing systems and capabilities, including 20 community health workers, health departments, 21 and Federally qualified health centers; 22 (B) is able to investigate cases of COVID– 23 19, and help to identify other potential cases of 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 523 •HR 6800 IH COVID–19, through tracing contacts of individ- 1 uals with positive diagnoses; 2 (C) establishes culturally competent and 3 multilingual strategies for contact tracing, 4 which may include consultation with and sup- 5 port for cultural or civic organizations with es- 6 tablished ties to the community; 7 (D) provides individuals identified under 8 the contact tracing program with information 9 and support for containment or mitigation; 10 (E) enables State, local, Tribal, and terri- 11 torial health departments to work with a non- 12 governmental, community partner or partners 13 and State and local workforce development sys- 14 tems (as defined in section 3(67) of Workforce 15 Innovation and Opportunity Act (29 U.S.C. 16 3102(67))) receiving grants under section 17 30566(b) of this Act to hire and compensate a 18 locally-sourced contact tracing workforce, if 19 necessary, to supplement the public health 20 workforce, to— 21 (i) identify the number of contact 22 tracers needed for the respective State, lo- 23 cality, territorial, or Tribal health depart- 24 ment to identify all cases of COVID–19 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00523 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 524 •HR 6800 IH currently in the jurisdiction and those an- 1 ticipated to emerge over the next 18 2 months in such jurisdiction; 3 (ii) outline qualifications necessary for 4 contact tracers; 5 (iii) train the existing and newly hired 6 public health workforce on best practices 7 related to tracing close contacts of individ- 8 uals diagnosed with COVID–19, including 9 the protection of individual privacy and cy- 10 bersecurity protection; and 11 (iv) equip the public health workforce 12 with tools and resources to enable a rapid 13 response to new cases; 14 (F) identifies the level of contact tracing 15 needed within the State, locality, territory, or 16 Tribal area to contain and mitigate the trans- 17 mission of COVID–19; 18 (G) establishes statewide mechanisms to 19 integrate regular evaluation to the Centers for 20 Disease Control and Prevention regarding con- 21 tact tracing efforts, makes such evaluation pub- 22 licly available, and to the extent possible pro- 23 vides for such evaluation at the county level; 24 and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00524 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 525 •HR 6800 IH (H) identifies specific strategies for ensur- 1 ing contact tracing activities in medically un- 2 derserved populations (as defined in section 3 330(b)(3) of the Public Health Service Act (42 4 U.S.C. 254b(b)(3))), health professional short- 5 age areas (as defined under section 332(a) of 6 the Public Health Service Act (42 U.S.C. 7 254e(a))), racial and ethnic minority popu- 8 lations, and geographically diverse areas, as de- 9 termined by the Secretary. 10 (3) SURVEILLANCE.—To strengthen the exist- 11 ing public health surveillance system that— 12 (A) leverages or modernizes existing sur- 13 veillance systems within the respective State, 14 local, Tribal, or territorial health department 15 and national surveillance systems; 16 (B) detects and identifies trends in 17 COVID–19 at the county level; 18 (C) evaluates State, local, Tribal, and ter- 19 ritorial health departments in achieving surveil- 20 lance capabilities with respect to COVID–19; 21 (D) integrates and improves disease sur- 22 veillance and immunization tracking; and 23 (E) identifies specific strategies for ensur- 24 ing disease surveillance in medically under- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00525 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 526 •HR 6800 IH served populations (as defined in section 1 330(b)(3) of the Public Health Service Act (42 2 U.S.C. 254b(b)(3))), health professional short- 3 age areas (as defined under section 332(a) of 4 the Public Health Service Act (42 U.S.C. 5 254e(a))), racial and ethnic minority popu- 6 lations, and geographically diverse areas, as de- 7 termined by the Secretary. 8 (4) CONTAINMENT AND MITIGATION.—To im- 9 plement a coordinated containment and mitigation 10 system that— 11 (A) leverages or modernizes existing con- 12 tainment and mitigation strategies within the 13 respective State, local, Tribal, or territorial gov- 14 ernments and national containment and mitiga- 15 tion strategies; 16 (B) may provide for, connect to, and lever- 17 age existing social services and support for indi- 18 viduals who have been infected with or exposed 19 to COVID–19 and who are isolated or quar- 20 antined in their homes, such as through— 21 (i) food assistance programs; 22 (ii) guidance for household infection 23 control; 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00526 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 527 •HR 6800 IH (iii) information and assistance with 1 childcare services; and 2 (iv) information and assistance per- 3 taining to support available under the 4 CARES Act (Public Law 116–136) and 5 this Act; 6 (C) provides guidance on the establishment 7 of safe, high-quality, facilities for the voluntary 8 isolation of individuals infected with, or quar- 9 antine of the contacts of individuals exposed to 10 COVID–19, where hospitalization is not re- 11 quired, which facilities should— 12 (i) be prohibited from making inquir- 13 ies relating to the citizenship status of an 14 individual isolated or quarantined; and 15 (ii) be operated by a non-Federal, 16 community partner or partners that— 17 (I) have previously established re- 18 lationships in localities; 19 (II) work with local places of 20 worship, community centers, medical 21 facilities, and schools to recruit local 22 staff for such facilities; and 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00527 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 528 •HR 6800 IH (III) are fully integrated into 1 State, local, Tribal, or territorial con- 2 tainment and mitigation efforts; and 3 (D) identifies specific strategies for ensur- 4 ing containment and mitigation activities in 5 medically underserved populations (as defined 6 in section 330(b)(3) of the Public Health Serv- 7 ice Act (42 U.S.C. 254b(b)(3))), health profes- 8 sional shortage areas (as defined under section 9 332(a) of the Public Health Service Act (42 10 U.S.C. 254e(a))), racial and ethnic minority 11 populations, and geographically diverse areas, 12 as determined by the Secretary. 13 (e) REPORTING.—The Secretary shall facilitate 14 mechanisms for timely, standardized reporting by grantees 15 under this section regarding implementation of the sys- 16 tems established under this section and coordinated proc- 17 esses with the reporting as required and under the heading 18 ‘‘Department of Health and Human Services—Office of 19 the Secretary—Public Health and Social Service Emer- 20 gency Fund’’ in title I of division B of the Paycheck Pro- 21 tection Program and Health Care Enhancement Act (Pub- 22 lic Law 116–139, 134 Stat. 620), including— 23 (1) a summary of county or local health depart- 24 ment level information from the States receiving 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00528 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 529 •HR 6800 IH funding, and information from directly funded local- 1 ities, territories, and Tribal entities, about the activi- 2 ties that will be undertaken using funding awarded 3 under this section, including subgrants; 4 (2) any anticipated shortages of required mate- 5 rials for testing for COVID–19 under subsection (a); 6 and 7 (3) other barriers in the prevention, mitigation, 8 or treatment of COVID–19 under this section. 9 (f) PUBLIC LISTING OF AWARDS.—The Secretary 10 shall— 11 (1) not later than 7 days after first awarding 12 grants under this section, post in a searchable, elec- 13 tronic format a list of all awards made by the Sec- 14 retary under this section, including the recipients 15 and amounts of such awards; and 16 (2) update such list not less than every 7 days 17 until all funds made available to carry out this sec- 18 tion are expended. 19 GUIDANCE, TECHNICAL ASSISTANCE, INFORMATION, AND 20 COMMUNICATION 21 SEC. 30563. 22 (a) IN GENERAL.— Not later than 14 days after the 23 date of the enactment of this Act, the Secretary, in coordi- 24 nation with other Federal agencies, as appropriate, shall 25 issue guidance, provide technical assistance, and provide 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00529 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 530 •HR 6800 IH information to States, localities, Tribes, and territories, 1 with respect to the following: 2 (1) The diagnostic and serological testing of in- 3 dividuals identified through contact tracing for 4 COVID–19, including information with respect to 5 the reduction of duplication related to programmatic 6 activities, reporting, and billing. 7 (2) Best practices regarding contact tracing, in- 8 cluding the collection of data with respect to such 9 contact tracing and requirements related to the 10 standardization of demographic and syndromic infor- 11 mation collected as part of contact tracing efforts. 12 (3) Best practices regarding COVID–19 disease 13 surveillance, including best practices to reduce dupli- 14 cation in surveillance activities, identifying gaps in 15 surveillance and surveillance systems, and ways in 16 which the Secretary plans to effectively support 17 State, local, Tribal and territorial health depart- 18 ments in addressing such gaps. 19 (4) Information on ways for State, local, Tribal, 20 and territorial health departments to establish and 21 maintain the testing, contact tracing, and surveil- 22 lance activities described in paragraphs (1) through 23 (3). 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00530 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 531 •HR 6800 IH (5) The protection of any personally identifiable 1 health information collected pursuant to this sub- 2 title. 3 (6) Best practices regarding privacy and cyber- 4 security protection related to contact tracing, con- 5 tainment, and mitigation efforts. 6 (b) GUIDANCE ON PAYMENT.—Not later than 14 7 days after the date of the enactment of this Act, the Sec- 8 retary, in coordination with the Administrator of the Cen- 9 ters for Medicare & Medicaid Services, the Director of the 10 Centers for Disease Control and Prevention, and in coordi- 11 nation with other Federal agencies, as appropriate, shall 12 develop and issue to State, local, Tribal, and territorial 13 health departments clear guidance and policies— 14 (1) with respect to the coordination of claims 15 submitted for payment out of the Public Health and 16 Social Services Emergency Fund for services fur- 17 nished in a facility referred to in section 18 30562(d)(4)(C); 19 (2) identifying how an individual who is isolated 20 or quarantined at home or in such a facility— 21 (A) incurs no out-of-pocket costs for any 22 services furnished to such individual while iso- 23 lated; and 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00531 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 532 •HR 6800 IH (B) may receive income support for lost 1 earnings or payments for expenses such as child 2 care or elder care while such individual is iso- 3 lated at home or in such a facility; 4 (3) providing information and assistance per- 5 taining to support available under the CARES Act 6 (Public Law 116–136) and this Act; and 7 (4) identifying State, local, Tribal, and terri- 8 torial health departments or partner agencies that 9 may provide social support services, such as gro- 10 ceries or meals, health education, internet access, 11 and behavioral health services, to individuals who 12 isolated or quarantined at home or in such a facility. 13 (c) GUIDANCE ON TESTING.—Not later than 14 days 14 after the date of the enactment of this Act, the Secretary, 15 in coordination with the Commissioner of Food and 16 Drugs, the Director of the National Institutes of Health, 17 and the Director of the Centers for Disease Control and 18 Prevention, and in coordination with other Federal agen- 19 cies as appropriate, shall develop and issue to State, local, 20 Tribal, and territorial health departments clear guidance 21 and policies regarding— 22 (1) objective standards to characterize the per- 23 formance of all diagnostic and serological tests for 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 533 •HR 6800 IH COVID–19 in order to independently evaluate tests 1 continuously over time; 2 (2) protocols for the evaluation of the perform- 3 ance of diagnostic and serological tests for COVID– 4 19; and 5 (3) a repository of characterized specimens to 6 use to evaluate the performance of those tests that 7 can be made available for appropriate entities to use 8 to evaluate performance. 9 (d) COMMUNICATION.—The Secretary shall identify 10 and publicly announce the form and manner for commu- 11 nication with State, local, Tribal, and territorial health de- 12 partments for purposes of carrying out the activities ad- 13 dressed by guidance issued under subsections (a) and (b). 14 (e) AVAILABILITY TO PROVIDERS.—Guidance issued 15 under subsection (a)(1) shall be issued to health care pro- 16 viders. 17 (f) ONGOING PROVISION OF GUIDANCE AND TECH- 18 NICAL ASSISTANCE.—Notwithstanding whether funds are 19 available specifically to carry out this subtitle, guidance 20 and technical assistance shall continue to be provided 21 under this section. 22 RESEARCH AND DEVELOPMENT 23 SEC. 30564. 24 The Secretary, in coordination with the Director of 25 the Centers for Disease Control and Prevention and in col- 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00533 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 534 •HR 6800 IH laboration with the Director of the National Institutes of 1 Health, the Director of the Agency for Healthcare Re- 2 search and Quality, the Commissioner of Food and Drugs, 3 and the Administrator of the Centers for Medicare & Med- 4 icaid Services, shall support research and development on 5 more efficient and effective strategies— 6 (1) for the surveillance of SARS–CoV–2 and 7 COVID–19; 8 (2) for the testing and identification of individ- 9 uals infected with COVID–19; and 10 (3) for the tracing of contacts of individuals in- 11 fected with COVID–19. 12 AWARENESS CAMPAIGNS 13 SEC. 30565. 14 The Secretary, acting through the Director of the 15 Centers for Disease Control and Prevention and in coordi- 16 nation with other offices and agencies, as appropriate, 17 shall award competitive grants or contracts to one or more 18 public or private entities, including faith-based organiza- 19 tions, to carry out multilingual and culturally appropriate 20 awareness campaigns. Such campaigns shall— 21 (1) be based on available scientific evidence; 22 (2) increase awareness and knowledge of 23 COVID–19, including countering stigma associated 24 with COVID–19; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00534 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 535 •HR 6800 IH (3) improve information on the availability of 1 COVID–19 diagnostic testing; and 2 (4) promote cooperation with contact tracing ef- 3 forts. 4 GRANTS TO STATE AND TRIBAL WORKFORCE AGENCIES 5 SEC. 30566. 6 (a) DEFINITIONS.—In this section: 7 (1) IN GENERAL.—Except as otherwise pro- 8 vided, the terms in this section have the meanings 9 given the terms in section 3 of the Workforce Inno- 10 vation and Opportunity Act (29 U.S.C. 3102). 11 (2) APPRENTICESHIP; APPRENTICESHIP PRO- 12 GRAM.—The term ‘‘apprenticeship’’ or ‘‘apprentice- 13 ship program’’ means an apprenticeship program 14 registered under the Act of August 16, 1937 (com- 15 monly known as the ‘‘National Apprenticeship Act’’) 16 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), 17 including any requirement, standard, or rule promul- 18 gated under such Act, as such requirement, stand- 19 ard, or rule was in effect on December 30, 2019. 20 (3) CONTACT TRACING AND RELATED POSI- 21 TIONS.—The term ‘‘contact tracing and related posi- 22 tions’’ means employment related to contact tracing, 23 surveillance, containment, and mitigation activities 24 as described in paragraphs (2), (3), and (4) of sec- 25 tion 30562(d). 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00535 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 536 •HR 6800 IH (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 1 ty’’ means— 2 (A) a State or territory, including the Dis- 3 trict of Columbia and Puerto Rico; 4 (B) an Indian Tribe, Tribal organization, 5 Alaska Native entity, Indian-controlled organi- 6 zations serving Indians, or Native Hawaiian or- 7 ganizations; 8 (C) an outlying area; or 9 (D) a local board, if an eligible entity 10 under subparagraphs (A) through (C) has not 11 applied with respect to the area over which the 12 local board has jurisdiction as of the date on 13 which the local board submits an application 14 under subsection (c). 15 (5) ELIGIBLE INDIVIDUAL.—Notwithstanding 16 section 170(b)(2) of the Workforce Innovation and 17 Opportunity Act (29 U.S.C. 3225(b)(2)), the term 18 ‘‘eligible individual’’ means an individual seeking or 19 securing employment in contact tracing or related 20 positions and is served by an eligible entity or com- 21 munity-based organization receiving funding under 22 this section. 23 (6) SECRETARY.—The term ‘‘Secretary’’ means 24 the Secretary of Labor. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00536 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 537 •HR 6800 IH (b) GRANTS.— 1 (1) IN GENERAL.—Subject to the availability of 2 appropriations under subsection (g), the Secretary 3 shall award national dislocated worker grants under 4 section 170(b)(1)(B) of the Workforce Innovation 5 and Opportunity Act (29 U.S.C. 3225(b)(1)(B)) to 6 each eligible entity that seeks a grant to assist local 7 boards and community-based organizations in car- 8 rying out activities under subsections (f) and (d), re- 9 spectively, for the following purposes: 10 (A) To support the recruitment, place- 11 ment, and training, as applicable, of eligible in- 12 dividuals seeking employment in contact tracing 13 and related positions in accordance with the na- 14 tional system for COVID–19 testing, contact 15 tracing, surveillance, containment, and mitiga- 16 tion established under section 30561. 17 (B) To assist with the employment transi- 18 tion to new employment or education and train- 19 ing of individuals employed under this section 20 in preparation for and upon termination of such 21 employment. 22 (2) TIMELINE.—The Secretary of Labor shall— 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00537 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 538 •HR 6800 IH (A) issue application requirements under 1 subsection (c) not later than 10 days after the 2 date of enactment of this section; and 3 (B) award grants to an eligible entity 4 under paragraph (1) not later than 10 days 5 after the date on which the Secretary receives 6 an application from such entity. 7 (c) GRANT APPLICATION.—An eligible entity apply- 8 ing for a grant under this section shall submit an applica- 9 tion to the Secretary, at such time and in such form and 10 manner as the Secretary may reasonably require, which 11 shall include a description of— 12 (1) how the eligible entity will support the re- 13 cruitment, placement, and training, as applicable, of 14 eligible individuals seeking employment in contact 15 tracing and related positions by partnering with— 16 (A) a State, local, Tribal, or territorial 17 health department; or 18 (B) one or more nonprofit or community- 19 based organizations partnering with such health 20 departments; 21 (2) how the activities described in paragraph 22 (1) will support State efforts to address the demand 23 for contact tracing and related positions with respect 24 to— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00538 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 539 •HR 6800 IH (A) the State plans referred to in the head- 1 ing ‘‘Public Health and Social Services Emer- 2 gency Fund’’ in title I of division B of the Pay- 3 check Protection Program and Health Care En- 4 hancement Act (Public Law 116–139); 5 (B) the testing strategy submitted under 6 section 30541; and 7 (C) the number of eligible individuals that 8 the State plans to recruit and train under the 9 plans and strategies described in subparagraphs 10 (A) and (B); 11 (3) the specific strategies for recruiting and 12 placement of eligible individuals from or residing 13 within the communities in which they will work, in- 14 cluding— 15 (A) plans for the recruitment of eligible in- 16 dividuals to serve as contact tracers and related 17 positions, including dislocated workers, individ- 18 uals with barriers to employment, veterans, new 19 entrants in the workforce, or underemployed or 20 furloughed workers, who are from or reside in 21 or near the local area in which they will serve, 22 and who, to the extent practicable— 23 (i) have experience or a background in 24 industry-sectors and occupations such as 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00539 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 540 •HR 6800 IH public health, social services, customer 1 service, case management, or occupations 2 that require related qualifications, skills, or 3 competencies, such as strong interpersonal 4 and communication skills, needed for con- 5 tact tracing or related positions, as de- 6 scribed in section 30562(d)(2)(E)(ii); or 7 (ii) seek to transition to public health 8 and public health related occupations upon 9 the conclusion of employment in contact 10 tracing or related positions; and 11 (B) how such strategies will take into ac- 12 count the diversity of such community, includ- 13 ing racial, ethnic, socioeconomic, linguistic, or 14 geographic diversity; 15 (4) the amount, timing, and mechanisms for 16 distribution of funds provided to local boards or 17 through subgrants as described in subsection (d); 18 (5) for eligible entities described in subpara- 19 graphs (A) through (C) of subsection (a)(4), a de- 20 scription of how the eligible entity will ensure the eq- 21 uitable distribution of funds with respect to— 22 (A) geography (such as urban and rural 23 distribution); 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00540 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 541 •HR 6800 IH (B) medically underserved populations (as 1 defined in section 33(b)(3) of the Public Health 2 Service Act (42 U.S.C. 254b(b))); 3 (C) health professional shortage areas (as 4 defined under section 332(a) of the Public 5 Health Service Act (42 U.S.C. 254e(a))); and 6 (D) the racial and ethnic diversity of the 7 area; and 8 (6) for eligible entities who are local boards, a 9 description of how a grant to such eligible entity 10 would serve the equitable distribution of funds as de- 11 scribed in paragraph (5). 12 (d) SUBGRANT AUTHORIZATION AND APPLICATION 13 PROCESS.— 14 (1) IN GENERAL.—An eligible entity may award 15 a subgrant to one or more community-based organi- 16 zations for the purposes of partnering with a State 17 or local board to conduct outreach and education ac- 18 tivities to inform potentially eligible individuals 19 about employment opportunities in contact tracing 20 and related positions. 21 (2) APPLICATION.—A community-based organi- 22 zation shall submit an application at such time and 23 in such manner as the eligible entity may reasonably 24 require, including— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00541 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 542 •HR 6800 IH (A) a demonstration of the community- 1 based organization’s established expertise and 2 effectiveness in community outreach in the local 3 area that such organization plans to serve; 4 (B) a demonstration of the community- 5 based organization’s expertise in providing em- 6 ployment or public health information to the 7 local areas in which such organization plans to 8 serve; and 9 (C) a description of the expertise of the 10 community-based organization in utilizing cul- 11 turally competent and multilingual strategies in 12 the provision of services. 13 (e) GRANT DISTRIBUTION.— 14 (1) FEDERAL DISTRIBUTION.— 15 (A) USE OF FUNDS.— The Secretary of 16 Labor shall use the funds appropriated to carry 17 out this section as follows: 18 (i) Subject to clause (ii), the Secretary 19 shall distribute funds among eligible enti- 20 ties in accordance with a formula to be es- 21 tablished by the Secretary that provides a 22 minimum level of funding to each eligible 23 entity that seeks a grant under this section 24 and allocates additional funding as follows: 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00542 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 543 •HR 6800 IH (I) The formula shall give first 1 priority based on the number and pro- 2 portion of contact tracing and related 3 positions that the State plans to re- 4 cruit, place, and train individuals as a 5 part of the State strategy described in 6 subsection (c)(2)(A). 7 (II) Subject to subclause (I), the 8 formula shall give priority in accord- 9 ance with section 30562(c). 10 (ii) Not more than 2 percent of the 11 funding for administration of the grants 12 and for providing technical assistance to 13 recipients of funds under this section. 14 (B) EQUITABLE DISTRIBUTION.—If the ge- 15 ographic region served by one or more eligible 16 entities overlaps, the Secretary shall distribute 17 funds among such entities in such a manner 18 that ensures equitable distribution with respect 19 to the factors under subsection (c)(5). 20 (2) ELIGIBLE ENTITY USE OF FUNDS.—An eli- 21 gible entity described in subparagraphs (A) through 22 (C) of subsection (a)(4)— 23 (A) shall, not later than 30 days after the 24 date on which the entity receives grant funds 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00543 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 544 •HR 6800 IH under this section, provide not less than 70 per- 1 cent of grant funds to local boards for the pur- 2 pose of carrying out activities in subsection (f); 3 (B) may use up to 20 percent of such 4 funds to make subgrants to community-based 5 organizations in the service area to conduct out- 6 reach, to potential eligible individuals, as de- 7 scribed in subsection (d); 8 (C) in providing funds to local boards and 9 awarding subgrants under this subsection shall 10 ensure the equitable distribution with respect to 11 the factors described in subsection (c)(5); and 12 (D) may use not more than 10 percent of 13 the funds awarded under this section for the 14 administrative costs of carrying out the grant 15 and for providing technical assistance to local 16 boards and community-based organizations. 17 (3) LOCAL BOARD USE OF FUNDS.—A local 18 board, or an eligible entity that is a local board, 19 shall use— 20 (A) not less than 60 percent of the funds 21 for recruitment and training for COVID–19 22 testing, contact tracing, surveillance, contain- 23 ment, and mitigation established under section 24 30561; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00544 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 545 •HR 6800 IH (B) not less than 30 of the funds to sup- 1 port the transition of individuals hired as con- 2 tact tracers and related positions into an edu- 3 cation or training program, or unsubsidized em- 4 ployment upon completion of such positions; 5 and 6 (C) not more than 10 percent of the funds 7 for administrative costs. 8 (f) ELIGIBLE ACTIVITIES.—The State or local boards 9 shall use funds awarded under this section to support the 10 recruitment and placement of eligible individuals, training 11 and employment transition as related to contact tracing 12 and related positions, and for the following activities: 13 (1) Establishing or expanding partnerships 14 with— 15 (A) State, local, Tribal, and territorial 16 public health departments; 17 (B) community-based health providers, in- 18 cluding community health centers and rural 19 health clinics; 20 (C) labor organizations or joint labor man- 21 agement organizations; 22 (D) two-year and four-year institutions of 23 higher education (as defined in section 101 of 24 the Higher Education Act of 1965 (20 U.S.C. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00545 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 546 •HR 6800 IH 1001)), including institutions eligible to receive 1 funds under section 371(a) of the Higher Edu- 2 cation Act of 1965 (20 U.S.C. 1067q(a)); and 3 (E) community action agencies or other 4 community-based organizations serving local 5 areas in which there is a demand for contact 6 tracers and related positions. 7 (2) Providing training for contact tracing and 8 related positions in coordination with State, local, 9 Tribal, or territorial health departments that is con- 10 sistent with the State or territorial testing and con- 11 tact tracing strategy and ensuring that eligible indi- 12 viduals receive compensation while participating in 13 such training. 14 (3) Providing eligible individuals with— 15 (A) adequate and safe equipment, environ- 16 ments, and facilities for training and super- 17 vision, as applicable; 18 (B) information regarding the wages and 19 benefits related to contact tracing and related 20 positions, as compared to State, local, and na- 21 tional averages; 22 (C) supplies and equipment needed by the 23 program participants to support placement of 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00546 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 547 •HR 6800 IH an individual in contact tracing and related po- 1 sitions, as applicable; 2 (D) an individualized employment plan for 3 each eligible individual, as applicable— 4 (i) in coordination with the entity em- 5 ploying the eligible individual in a contact 6 tracing or related position; and 7 (ii) which shall include providing a 8 case manager to work with each eligible in- 9 dividual to develop the plan, which may in- 10 clude— 11 (I) identifying employment and 12 career goals, and setting appropriate 13 achievement objectives to attain such 14 goals; and 15 (II) exploring career pathways 16 that lead to in-demand industries and 17 sectors, including in public health and 18 related occupations; and 19 (E) services for the period during which 20 the individual is employed in a contact tracing 21 and related position to ensure job retention, 22 which may include— 23 (i) supportive services throughout the 24 term of employment; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00547 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 548 •HR 6800 IH (ii) a continuation of skills training as 1 related to employment as a contact tracer 2 or related positions, that is conducted in 3 collaboration with the employers of such 4 participants; 5 (iii) mentorship services and job re- 6 tention support for eligible individuals; or 7 (iv) targeted training for managers 8 and workers working with eligible individ- 9 uals (such as mentors), and human re- 10 source representatives; 11 (4) Supporting the transition and placement in 12 unsubsidized employment for eligible individuals 13 serving in the contact tracing or related positions 14 after such positions are no longer necessary in the 15 State or local area, including— 16 (A) any additional training and employ- 17 ment activities as described in section 170(d)(4) 18 of the Workforce Innovation and Opportunity 19 Act (29 U.S.C. 3225(d)(4)); 20 (B) developing the appropriate combina- 21 tion of services to enable the eligible individual 22 to achieve the employment and career goals 23 identified under paragraph (3)(D)(ii)(I); and 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00548 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 549 •HR 6800 IH (C) services to assist eligible individuals in 1 maintaining employment for not less than 12 2 months after the completion of employment in 3 contact tracing or related positions, as appro- 4 priate. 5 (5) Any other activities as described in sub- 6 sections (a)(3) and (b) of section 134 of the Work- 7 force Innovation and Opportunity Act (29 U.S.C. 8 3174). 9 (g) LIMITATION.—Notwithstanding section 10 170(d)(3)(A) of the Workforce Innovation and Oppor- 11 tunity Act (29 U.S.C. 3225(d)(3)(A)), a person may be 12 employed in a contact tracing or related position using 13 funds under this section for a period not greater than 2 14 years. 15 (h) REPORTING BY THE DEPARTMENT OF LABOR.— 16 (1) IN GENERAL.—Not later than 120 days of 17 the enactment of this Act, and once grant funds 18 have been expended under this section, the Secretary 19 shall report to the Committee on Education and 20 Labor of the House of Representatives and the Com- 21 mittee on Health, Education, Labor and Pensions of 22 the Senate, and make publicly available a report 23 containing a description of— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00549 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 550 •HR 6800 IH (A) the number of eligible individuals re- 1 cruited, hired, and trained as contract tracers 2 and related positions; 3 (B) the number of individuals successfully 4 transitioned to unsubsidized employment or 5 training at the completion of employment in 6 contact tracing or related positions using funds 7 under this subtitle; 8 (C) the number of such individuals who 9 were unemployed prior to being hired, trained, 10 or deployed as described in paragraph (1); 11 (D) the performance of each program sup- 12 ported by funds under this subtitle with respect 13 to the indicators of performance under section 14 116 of the Workforce Innovation and Oppor- 15 tunity Act (29 U.S.C. 3141), as applicable; 16 (E) the number of individuals in unsub- 17 sidized employment within six months and 1 18 year, respectively, of the conclusion of employ- 19 ment in contact tracing or related positions 20 and, of those, the number of individuals within 21 a State, territorial, or local public health de- 22 partment in an occupation related to public 23 health; 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00550 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 551 •HR 6800 IH (F) any information on how eligible enti- 1 ties, local boards, or community-based organiza- 2 tions that received funding under this sub- 3 section were able to support the goals of the na- 4 tional system for COVID–19 testing, contact 5 tracing, surveillance, containment, and mitiga- 6 tion established under section 30561 of this 7 Act; and 8 (G) best practices for improving and in- 9 creasing the transition of individuals employed 10 in contract tracing or related positions to per- 11 manent, full-time employment. 12 (2) DISAGGREGATION.—All data reported under 13 paragraph (1) shall be disaggregated by race, eth- 14 nicity, sex, age, and, with respect to individuals with 15 barriers to employment, subpopulation of such indi- 16 viduals, except for when the number of participants 17 in a category is insufficient to yield statistically reli- 18 able information or when the results would reveal 19 personally identifiable information about an indi- 20 vidual participant. 21 (i) SPECIAL RULE.—Any funds used for programs 22 under this section that are used to fund an apprenticeship 23 or apprenticeship program shall only be used for, or pro- 24 vided to, an apprenticeship or apprenticeship program 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00551 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 552 •HR 6800 IH that meets the definition of such term subsection (a) of 1 this section, including any funds awarded for the purposes 2 of grants, contracts, or cooperative agreements, or the de- 3 velopment, implementation, or administration, of an ap- 4 prenticeship or an apprenticeship program. 5 (j) INFORMATION SHARING REQUIREMENT FOR 6 HHS.—The Secretary of Health and Human Services, 7 acting through the Director of the Centers for Disease 8 Control and Prevention, shall provide the Secretary of 9 Labor, acting through the Assistant Secretary of the Em- 10 ployment and Training Administration, with information 11 on grants under section 30562, including— 12 (1) the formula used to award such grants to 13 State, local, Tribal, and territorial health depart- 14 ments; 15 (2) the dollar amounts of and scope of the work 16 funded under such grants; 17 (3) the geographic areas served by eligible enti- 18 ties that receive such grants; and 19 (4) the number of contact tracers and related 20 positions to be hired using such grants. 21 (k) AUTHORIZATION OF APPROPRIATIONS.—Of the 22 amounts appropriated to carry out this subtitle, 23 $500,000,000 shall be used by the Secretary of Labor to 24 carry out subsections (a) through (h) of this section. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00552 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 553 •HR 6800 IH APPLICATION OF THE SERVICE CONTRACT ACT TO 1 CONTRACTS AND GRANTS 2 SEC. 30567. 3 Contracts and grants which include contact tracing 4 as part of the scope of work and that are awarded under 5 this subtitle shall require that contract tracers and related 6 positions are paid not less than the prevailing wage and 7 fringe rates required under chapter 67 of title 41, United 8 States Code (commonly known as the ‘‘Service Contract 9 Act’’) for the area in which the work is performed. To 10 the extent that a nonstandard wage determination is re- 11 quired to establish a prevailing wage for contact tracers 12 and related positions for purposes of this subtitle, the Sec- 13 retary of Labor shall issue such determination not later 14 than 14 days after the date of enactment of this Act, 15 based on a job description used by the Centers for Disease 16 Control and Prevention and contractors or grantees per- 17 forming contact tracing for State public health agencies. 18 AUTHORIZATION OF APPROPRIATIONS 19 SEC. 30568. 20 To carry out this subtitle, there are authorized to be 21 appropriated $75,000,000,000, to remain available until 22 expended. 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00553 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 554 •HR 6800 IH Subtitle E—Demographic Data and Supply Reporting 1 Related to COVID–19 2 COVID–19 REPORTING PORTAL 3 SEC. 30571. 4 (a) IN GENERAL.—Not later than 15 days after the 5 date of enactment of this Act, the Secretary shall establish 6 and maintain an online portal for use by eligible health 7 care entities to track and transmit data regarding their 8 personal protective equipment and medical supply inven- 9 tory and capacity related to COVID–19. 10 (b) ELIGIBLE HEALTH CARE ENTITIES.—In this sec- 11 tion, the term ‘‘eligible health care entity’’ means a li- 12 censed acute care hospital, hospital system, or long-term 13 care facility with confirmed cases of COVID–19. 14 (c) SUBMISSION.—An eligible health care entity shall 15 report using the portal under this section on a biweekly 16 basis in order to assist the Secretary in tracking usage 17 and need of COVID–related supplies and personnel in a 18 regular and real-time manner. 19 (d) INCLUDED INFORMATION.—The Secretary shall 20 design the portal under this section to include information 21 on personal protective equipment and medical supply in- 22 ventory and capacity related to COVID–19, including with 23 respect to the following: 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00554 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 555 •HR 6800 IH (1) PERSONAL PROTECTIVE EQUIPMENT.— 1 Total personal protective equipment inventory, in- 2 cluding, in units, the numbers of N95 masks and 3 authorized equivalent respirator masks, surgical 4 masks, exam gloves, face shields, isolation gowns, 5 and coveralls. 6 (2) MEDICAL SUPPLY.— 7 (A) Total ventilator inventory, including, in 8 units, the number of universal, adult, pediatric, 9 and infant ventilators. 10 (B) Total diagnostic and serological test 11 inventory, including, in units, the number of 12 test platforms, tests, test kits, reagents, trans- 13 port media, swabs, and other materials or sup- 14 plies determined necessary by the Secretary. 15 (3) CAPACITY.— 16 (A) Case count measurements, including 17 confirmed positive cases and persons under in- 18 vestigation. 19 (B) Total number of staffed beds, includ- 20 ing medical surgical beds, intensive care beds, 21 and critical care beds. 22 (C) Available beds, including medical sur- 23 gical beds, intensive care beds, and critical care 24 beds. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00555 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 556 •HR 6800 IH (D) Total number of COVID–19 patients 1 currently utilizing a ventilator. 2 (E) Average number of days a COVID–19 3 patient is utilizing a ventilator. 4 (F) Total number of additionally needed 5 professionals in each of the following categories: 6 intensivists, critical care physicians, respiratory 7 therapists, registered nurses, certified registered 8 nurse anesthetists, and laboratory personnel. 9 (G) Total number of hospital personnel 10 currently not working due to self-isolation fol- 11 lowing a known or presumed COVID–19 expo- 12 sure. 13 (e) ACCESS TO INFORMATION RELATED TO INVEN- 14 TORY AND CAPACITY.—The Secretary shall ensure that 15 relevant agencies and officials, including the Centers for 16 Disease Control and Prevention, the Assistant Secretary 17 for Preparedness and Response, and the Federal Emer- 18 gency Management Agency, have access to information re- 19 lated to inventory and capacity submitted under this sec- 20 tion. 21 (f) WEEKLY REPORT TO CONGRESS.—On a weekly 22 basis, the Secretary shall transmit information related to 23 inventory and capacity submitted under this section to the 24 appropriate committees of the House and Senate. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00556 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 557 •HR 6800 IH REGULAR CDC REPORTING ON DEMOGRAPHIC DATA 1 SEC. 30572. 2 Not later than 14 days after the date of enactment 3 of this Act, the Secretary, in coordination with the Direc- 4 tor of the Centers for Disease Control and Prevention, 5 shall amend the reporting under the heading ‘‘Department 6 of Health and Human Services—Office of the Secretary— 7 Public Health and Social Service Emergency Fund’’ in 8 title I of division B of the Paycheck Protection Program 9 and Health Care Enhancement Act (Public Law 116–139; 10 134 Stat. 620, 626) on the demographic characteristics, 11 including race, ethnicity, age, sex, gender, geographic re- 12 gion, and other relevant factors of individuals tested for 13 or diagnosed with COVID–19, to include— 14 (1) providing technical assistance to State, 15 local, and territorial health departments to improve 16 the collection and reporting of such demographic 17 data; 18 (2) if such data is not so collected or reported, 19 the reason why the State, local, or territorial depart- 20 ment of health has not been able to collect or pro- 21 vide such information; and 22 (3) making a copy of such report available pub- 23 licly on the website of the Centers for Disease Con- 24 trol and Prevention. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00557 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 558 •HR 6800 IH FEDERAL MODERNIZATION FOR HEALTH INEQUITIES 1 DATA 2 SEC. 30573. 3 (a) IN GENERAL.—The Secretary shall work with 4 covered agencies to support the modernization of data col- 5 lection methods and infrastructure at such agencies for 6 the purpose of increasing data collection related to health 7 inequities, such as racial, ethnic, socioeconomic, sex, gen- 8 der, and disability disparities. 9 (b) COVERED AGENCY DEFINED.—In this section, 10 the term ‘‘covered agency’’ means each of the following 11 Federal agencies: 12 (1) The Agency for Healthcare Research and 13 Quality. 14 (2) The Centers for Disease Control and Pre- 15 vention. 16 (3) The Centers for Medicare & Medicaid Serv- 17 ices. 18 (4) The Food and Drug Administration. 19 (5) The Office of the National Coordinator for 20 Health Information Technology. 21 (6) The National Institutes of Health. 22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 23 authorized to be appropriated to each covered agency to 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 559 •HR 6800 IH carry out this section $4,000,000, to remain available 1 until expended. 2 MODERNIZATION OF STATE AND LOCAL HEALTH 3 INEQUITIES DATA 4 SEC. 30574. 5 (a) IN GENERAL.—Not later than 6 months after the 6 date of enactment of this Act, the Secretary, acting 7 through the Director of the Centers for Disease Control 8 and Prevention, shall award grants to State, local, and 9 territorial health departments in order to support the 10 modernization of data collection methods and infrastruc- 11 ture for the purposes of increasing data related to health 12 inequities, such as racial, ethnic, socioeconomic, sex, gen- 13 der, and disability disparities. The Secretary shall— 14 (1) provide guidance, technical assistance, and 15 information to grantees under this section on best 16 practices regarding culturally competent, accurate, 17 and increased data collection and transmission; and 18 (2) track performance of grantees under this 19 section to help improve their health inequities data 20 collection by identifying gaps and taking effective 21 steps to support States, localities, and territories in 22 addressing the gaps. 23 (b) REPORT.—Not later than 1 year after the date 24 on which the first grant is awarded under this section, 25 the Secretary shall submit to the Committee on Energy 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00559 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 560 •HR 6800 IH and Commerce of the House of Representatives and the 1 Committee on Health, Education, Labor and Pensions of 2 the Senate an initial report detailing— 3 (1) nationwide best practices for ensuring 4 States and localities collect and transmit health in- 5 equities data; 6 (2) nationwide trends which hinder the collec- 7 tion and transmission of health inequities data; 8 (3) Federal best practices for working with 9 States and localities to ensure culturally competent, 10 accurate, and increased data collection and trans- 11 mission; and 12 (4) any recommended changes to legislative or 13 regulatory authority to help improve and increase 14 health inequities data collection. 15 (c) FINAL REPORT.—Not later than December 31, 16 2023, the Secretary shall— 17 (1) update and finalize the initial report under 18 subsection (b); and 19 (2) submit such final report to the committees 20 specified in such subsection. 21 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 22 authorized to be appropriated to carry out this section 23 $100,000,000, to remain available until expended. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00560 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 561 •HR 6800 IH TRIBAL FUNDING TO RESEARCH HEALTH INEQUITIES 1 INCLUDING COVID–19 2 SEC. 30575. 3 (a) IN GENERAL.—Not later than 6 months after the 4 date of enactment of this Act, the Director of the Indian 5 Health Service, in coordination with Tribal Epidemiology 6 Centers and other Federal agencies, as appropriate, shall 7 conduct or support research and field studies for the pur- 8 poses of improved understanding of Tribal health inequi- 9 ties among American Indians and Alaska Natives, includ- 10 ing with respect to— 11 (1) disparities related to COVID–19; 12 (2) public health surveillance and infrastructure 13 regarding unmet needs in Indian country and Urban 14 Indian communities; 15 (3) population-based health disparities; 16 (4) barriers to health care services; 17 (5) the impact of socioeconomic status; and 18 (6) factors contributing to Tribal health inequi- 19 ties. 20 (b) CONSULTATION, CONFER, AND COORDINATION.— 21 In carrying out this section, the Director of the Indian 22 Health Service shall— 23 (1) consult with Indian Tribes and Tribal orga- 24 nizations; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00561 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 562 •HR 6800 IH (2) confer with Urban Indian organizations; 1 and 2 (3) coordinate with the Director of the Centers 3 for Disease Control and Prevention and the Director 4 of the National Institutes of Health. 5 (c) PROCESS.—Not later than 60 days after the date 6 of enactment of this Act, the Director of the Indian Health 7 Service shall establish a nationally representative panel to 8 establish processes and procedures for the research and 9 field studies conducted or supported under subsection (a). 10 The Director shall ensure that, at a minimum, the panel 11 consists of the following individuals: 12 (1) Elected Tribal leaders or their designees. 13 (2) Tribal public health practitioners and ex- 14 perts from the national and regional levels. 15 (d) DUTIES.—The panel established under subsection 16 (c) shall, at a minimum— 17 (1) advise the Director of the Indian Health 18 Service on the processes and procedures regarding 19 the design, implementation, and evaluation of, and 20 reporting on, research and field studies conducted or 21 supported under this section; 22 (2) develop and share resources on Tribal pub- 23 lic health data surveillance and reporting, including 24 best practices; and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00562 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 563 •HR 6800 IH (3) carry out such other activities as may be 1 appropriate to establish processes and procedures for 2 the research and field studies conducted or sup- 3 ported under subsection (a). 4 (e) REPORT.—Not later than 1 year after expending 5 all funds made available to carry out this section, the Di- 6 rector of the Indian Health Service, in coordination with 7 the panel established under subsection (c), shall submit 8 an initial report on the results of the research and field 9 studies under this section to— 10 (1) the Committee on Energy and Commerce 11 and the Committee on Natural Resources of the 12 House of Representatives; and 13 (2) the Committee on Indian Affairs and the 14 Committee on Health, Education, Labor and Pen- 15 sions of the Senate. 16 (f) TRIBAL DATA SOVEREIGNTY.—The Director of 17 the Indian Health Service shall ensure that all research 18 and field studies conducted or supported under this sec- 19 tion are tribally-directed and carried out in a manner 20 which ensures Tribal-direction of all data collected under 21 this section— 22 (1) according to Tribal best practices regarding 23 research design and implementation, including by 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00563 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 564 •HR 6800 IH ensuring the consent of the Tribes involved to public 1 reporting of Tribal data; 2 (2) according to all relevant and applicable 3 Tribal, professional, institutional, and Federal 4 standards for conducting research and governing re- 5 search ethics; 6 (3) with the prior and informed consent of any 7 Indian Tribe participating in the research or sharing 8 data for use under this section; and 9 (4) in a manner that respects the inherent sov- 10 ereignty of Indian Tribes, including Tribal govern- 11 ance of data and research. 12 (g) FINAL REPORT.—Not later than December 31, 13 2023, the Director of the Indian Health Service shall— 14 (1) update and finalize the initial report under 15 subsection (e); and 16 (2) submit such final report to the committees 17 specified in such subsection. 18 (h) DEFINITIONS.—In this section: 19 (1) The terms ‘‘Indian Tribe’’ and ‘‘Tribal or- 20 ganization’’ have the meanings given to such terms 21 in section 4 of the Indian Self-Determination and 22 Education Assistance Act (25 U.S.C. 5304). 23 (2) The term ‘‘Urban Indian organization’’ has 24 the meaning given to such term in section 4 of the 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00564 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 565 •HR 6800 IH Indian Health Care Improvement Act (25 U.S.C. 1 1603). 2 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 3 authorized to be appropriated to carry out this section 4 $25,000,000, to remain available until expended. 5 CDC FIELD STUDIES PERTAINING TO SPECIFIC HEALTH 6 INEQUITIES 7 SEC. 30576. 8 (a) IN GENERAL.—Not later than 90 days after the 9 date of enactment of this Act, the Secretary, acting 10 through the Centers for Disease Control and Prevention, 11 in collaboration with State, local, and territorial health de- 12 partments, shall complete (by the reporting deadline in 13 subsection (b)) field studies to better understand health 14 inequities that are not currently tracked by the Secretary. 15 Such studies shall include an analysis of— 16 (1) the impact of socioeconomic status on 17 health care access and disease outcomes, including 18 COVID–19 outcomes; 19 (2) the impact of disability status on health 20 care access and disease outcomes, including COVID– 21 19 outcomes; 22 (3) the impact of language preference on health 23 care access and disease outcomes, including COVID– 24 19 outcomes; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00565 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 566 •HR 6800 IH (4) factors contributing to disparities in health 1 outcomes for the COVID–19 pandemic; and 2 (5) other topics related to disparities in health 3 outcomes for the COVID–19 pandemic, as deter- 4 mined by the Secretary. 5 (b) REPORT.—Not later than December 31, 2021, 6 the Secretary shall submit to the Committee on Energy 7 and Commerce of the House of Representatives and the 8 Committee on Health, Education, Labor and Pensions of 9 the Senate an initial report on the results of the field stud- 10 ies under this section. 11 (c) FINAL REPORT.—Not later than December 31, 12 2023, the Secretary shall— 13 (1) update and finalize the initial report under 14 subsection (b); and 15 (2) submit such final report to the committees 16 specified in such subsection. 17 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 18 authorized to be appropriated to carry out this section 19 $25,000,000, to remain available until expended. 20 ADDITIONAL REPORTING TO CONGRESS ON THE RACE 21 AND ETHNICITY RATES OF COVID–19 TESTING, HOS- 22 PITALIZATIONS, AND MORTALITIES 23 SEC. 30577. 24 (a) IN GENERAL.—Not later than August 1, 2020, 25 the Secretary shall submit to the Committee on Appro- 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00566 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 567 •HR 6800 IH priations and the Committee on Energy and Commerce 1 of the House of Representatives and the Committee on 2 Appropriations and the Committee on Health, Education, 3 Labor and Pensions of the Senate an initial report— 4 (1) describing the testing, positive diagnoses, 5 hospitalization, intensive care admissions, and mor- 6 tality rates associated with COVID–19, 7 disaggregated by race, ethnicity, age, sex, gender, 8 geographic region, and other relevant factors as de- 9 termined by the Secretary; 10 (2) including an analysis of any variances of 11 testing, positive diagnoses, hospitalizations, and 12 deaths by demographic characteristics; and 13 (3) including proposals for evidenced-based re- 14 sponse strategies to reduce disparities related to 15 COVID–19. 16 (b) FINAL REPORT.—Not later than December 31, 17 2024, the Secretary shall— 18 (1) update and finalize the initial report under 19 subsection (a); and 20 (2) submit such final report to the committees 21 specified in such subsection. 22 (c) COORDINATION.—In preparing the report sub- 23 mitted under this section, the Secretary shall take into ac- 24 count and otherwise coordinate such report with reporting 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00567 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 568 •HR 6800 IH required under section 30572 and under the heading ‘‘De- 1 partment of Health and Human Services—Office of the 2 Secretary—Public Health and Social Service Emergency 3 Fund’’ in title I of division B of the Paycheck Protection 4 Program and Health Care Enhancement Act (Public Law 5 116–139; 134 Stat. 620, 626). 6 Subtitle F—Miscellaneous 7 TECHNICAL CORRECTIONS TO AMENDMENTS MADE BY 8 CARES ACT 9 SEC. 30581. 10 (a) The amendments made by this section shall take 11 effect as if included in the enactment of the CARES Act 12 (Public Law 116–136). 13 (b) Section 3112 of division A of the CARES Act 14 (Public Law 116–136) is amended— 15 (1) in subsection (a)(2)(A), by striking the 16 comma before ‘‘or a permanent’’; 17 (2) in subsection (d)(1), by striking ‘‘and sub- 18 paragraphs (A) and (B)’’ and inserting ‘‘as subpara- 19 graphs (A) and (B)’’; and 20 (3) in subsection (e), by striking ‘‘Drug, Cos- 21 metic Act’’ and inserting ‘‘Drug, and Cosmetic Act’’. 22 (c) Section 6001(a)(1)(D) of division F of the Fami- 23 lies First Coronavirus Response Act (Public Law 116– 24 127), as amended by section 3201 of division A of the 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00568 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 569 •HR 6800 IH CARES Act (Public Law 116–136), is amended by strik- 1 ing ‘‘other test that’’. 2 (d) Subsection (k)(9) of section 543 of the Public 3 Health Service Act (42 U.S.C. 290dd–2), as added by sec- 4 tion 3221(d) of division A of the CARES Act (Public Law 5 116–136), is amended by striking ‘‘unprotected health in- 6 formation’’ and inserting ‘‘unsecured protected health in- 7 formation’’. 8 (e) Section 3401(2)(D) of division A of the CARES 9 Act (Public Law 116–136), is amended by striking ‘‘Not 10 Later than’’ and inserting ‘‘Not later than’’. 11 (f) Section 831(f) of the Public Health Service Act, 12 as redesignated by section 3404(a)(6)(E) and amended by 13 section 3404(a)(6)(G) of division A of the CARES Act 14 (Public Law 116–136), is amended by striking ‘‘a health 15 care facility, or a partnership of such a school and facil- 16 ity’’. 17 (g) Section 846(i) of the Public Health Service Act, 18 as amended by section 3404(i)(8)(C) of division A of the 19 CARES Act (Public Law 116–136), is amended by strik- 20 ing ‘‘871(b),,’’ and inserting ‘‘871(b),’’. 21 (h) Section 3606(a)(1)(A) of division A of the 22 CARES Act (Public Law 116–136) is amended by striking 23 ‘‘In general’’ and inserting ‘‘IN GENERAL’’. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00569 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 570 •HR 6800 IH (i) Section 3856(b)(1) of division A of the CARES 1 Act (Public Law 116–136) is amended to read as follows: 2 ‘‘(1) IN GENERAL.—Section 905(b)(4) of the 3 FDA Reauthorization Act of 2017 (Public Law 115– 4 52) is amended by striking ‘Section 744H(e)(2)(B) 5 of the Federal Food, Drug, and Cosmetic Act (21 6 U.S.C. 379j–52(e)(2)(B))’ and inserting ‘Section 7 744H(f)(2)(B) of the Federal Food, Drug, and Cos- 8 metic Act, as redesignated by section 403(c)(1) of 9 this Act,’.’’. 10 TITLE VI—PUBLIC HEALTH ASSISTANCE 11 Subtitle A—Assistance to Providers and Health System 12 HEALTH CARE PROVIDER RELIEF FUND 13 SEC. 30611. 14 (a) IN GENERAL.—Not later than 7 days after the 15 date of enactment of this Act, the Secretary, acting 16 through the Administrator of the Health Resources and 17 Services Administration, shall establish a program under 18 which the Secretary shall reimburse, through grants or 19 other mechanisms, eligible health care providers for eligi- 20 ble expenses or lost revenues occurring during calendar 21 quarters beginning on or after January 1, 2020, to pre- 22 vent, prepare for, and respond to COVID–19, in an 23 amount calculated under subsection (c). 24 (b) QUARTERLY BASIS.— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00570 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 571 •HR 6800 IH (1) SUBMISSION OF APPLICATIONS.—The Sec- 1 retary shall give applicants a period of 7 calendar 2 days after the close of a quarter to submit applica- 3 tions under this section with respect to such quarter, 4 except that the Secretary shall give applicants a pe- 5 riod of 7 calendar days after the date of enactment 6 of this Act to submit applications with respect to the 7 quarter beginning on January 1, 2020, if the appli- 8 cant has not previously submitted an application 9 with the respect to such quarter. 10 (2) REVIEW AND PAYMENT.—The Secretary 11 shall— 12 (A) review applications and make awards 13 of reimbursement under this section on a quar- 14 terly basis; and 15 (B) award the reimbursements under this 16 section for a quarter not later than 14 calendar 17 days after the close of the quarter, except that 18 the Secretary shall award the reimbursements 19 under this section for the quarter beginning on 20 January 1, 2020, not later than 14 calendar 21 days after the date of enactment of this Act. 22 (c) CALCULATION.— 23 (1) IN GENERAL.—The amount of the reim- 24 bursement to an eligible health provider under this 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00571 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 572 •HR 6800 IH section with respect to a calendar quarter shall 1 equal— 2 (A) the sum of— 3 (i) 100 percent of the eligible ex- 4 penses, as described in subsection (d), of 5 the provider during the quarter; and 6 (ii) subject to paragraph (3), 60 per- 7 cent of the lost revenues, as described in 8 subsection (e), of the provider during the 9 quarter; less 10 (B) any funds that are— 11 (i) received by the provider during the 12 quarter pursuant to the Coronavirus Pre- 13 paredness and Response Supplemental Ap- 14 propriations Act, 2020 (Public Law 116– 15 123), the Families First Coronavirus Re- 16 sponse Act (Public Law 116–127), the 17 CARES Act (Public Law 116–136), or the 18 Paycheck Protection Program and Health 19 Care Enhancement Act (Public Law 116– 20 139); and 21 (ii) not required to be repaid. 22 (2) CARRYOVER.—If the amount determined 23 under paragraph (1)(B) for a calendar quarter with 24 respect to an eligible health care provider exceeds 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00572 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 573 •HR 6800 IH the amount determined under subparagraph (A) 1 with respect to such provider and quarter, the 2 amount of such difference shall be applied in making 3 the calculation under this subsection, over each sub- 4 sequent calendar quarter for which the eligible 5 health care provider seeks reimbursement under this 6 section. 7 (3) LOST REVENUE LIMITATION.—If the 8 amount determined under subsection (e) with re- 9 spect to the lost revenue of an eligible health care 10 provider for a calendar quarter does not exceed an 11 amount that equals 10 percent of the net patient 12 revenue (as defined in such subsection) of the pro- 13 vider for the corresponding quarter in 2019, the ad- 14 dend under paragraph (1)(A)(ii), in making the cal- 15 culation under paragraph (1), is deemed to be zero. 16 (d) ELIGIBLE EXPENSES.—Subject to subsection 17 (h)(1), expenses eligible for reimbursement under this sec- 18 tion include expenses for— 19 (1) building or construction of temporary struc- 20 tures; 21 (2) leasing of properties; 22 (3) medical supplies and equipment including 23 personal protective equipment; 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00573 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 574 •HR 6800 IH (4) in vitro diagnostic tests, serological tests, or 1 testing supplies; 2 (5) increased workforce and trainings; 3 (6) emergency operation centers; 4 (7) construction or retrofitting of facilities; 5 (8) mobile testing units; 6 (9) surge capacity; 7 (10) retention of workforce; and 8 (11) such other items and services as the Sec- 9 retary determines to be appropriate, in consultation 10 with relevant stakeholders. 11 (e) LOST REVENUES.— 12 (1) IN GENERAL.—Subject to subsection (h)(1), 13 for purposes of subsection (c)(1)(A)(ii), the lost rev- 14 enues of an eligible health care provider, with re- 15 spect to the calendar quarter involved, shall be equal 16 to— 17 (A) net patient revenue of the provider for 18 the corresponding quarter in 2019 minus net 19 patient revenue of the provider for such quar- 20 ter; less 21 (B) the savings of the provider during the 22 calendar quarter involved attributable to fore- 23 gone wages, payroll taxes, and benefits of per- 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00574 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 575 •HR 6800 IH sonnel who were furloughed or laid off by the 1 provider during that quarter. 2 (2) NET PATIENT REVENUE DEFINED.—For 3 purposes of paragraph (1)(A), the term ‘‘net patient 4 revenue’’, with respect to an eligible health care pro- 5 vider and a calendar quarter, means the sum of— 6 (A) 200 percent of the total amount of re- 7 imbursement received by the provider during 8 the quarter for all items and services furnished 9 under a State plan or a waiver of a State plan 10 under title XIX of the Social Security Act (42 11 U.S.C. 1396 et seq.); 12 (B) 125 percent of the total amount of re- 13 imbursement received by the provider during 14 the quarter for all items and services furnished 15 under title XVIII of the Social Security Act (42 16 U.S.C. 1395 et seq.); and 17 (C) 100 percent of the total amount of re- 18 imbursement not described in subparagraph (A) 19 or (B) received by the provider during the quar- 20 ter for all items and services. 21 (f) INSUFFICIENT FUNDS FOR A QUARTER.—If there 22 are insufficient funds made available to reimburse all eligi- 23 ble health care providers for all eligible expenses and lost 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00575 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 576 •HR 6800 IH revenues for a quarter in accordance with this section, the 1 Secretary shall— 2 (1) prioritize reimbursement of eligible ex- 3 penses; and 4 (2) using the entirety of the remaining funds, 5 uniformly reduce the percentage of lost revenues 6 otherwise applicable under subsection (c)(1)(A)(ii) to 7 the extent necessary to reimburse a portion of the 8 lost revenues of all eligible health care providers ap- 9 plying for reimbursement. 10 (g) APPLICATION.—A health care provider seeking 11 reimbursement under this section for a calendar quarter 12 shall submit to the Secretary an application that— 13 (1) provides documentation demonstrating that 14 the health care provider is an eligible health care 15 provider; 16 (2) includes a valid tax identification number of 17 the health care provider; 18 (3) attests to the eligible expenses and lost rev- 19 enues of the health care provider, as described in 20 subsection (d), occurring during the calendar quar- 21 ter; 22 (4) includes an itemized listing of each such eli- 23 gible expense, including expenses incurred in pro- 24 viding uncompensated care; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00576 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 577 •HR 6800 IH (5) for purposes of subsection (c)(3), attests to 1 whether the amount determined under subsection (e) 2 with respect to the lost revenue of an eligible health 3 care provider for a calendar quarter exceeds an 4 amount that equals 10 percent of the net patient 5 revenue (as defined in such subsection) of the pro- 6 vider for the corresponding quarter in 2019; 7 (6) includes projections of the eligible expenses 8 and lost revenues of the health care provider, as de- 9 scribed in subsection (c), for the calendar quarter 10 that immediately follows the calendar for which re- 11 imbursement is sought; and 12 (7) indicates the dollar amounts described in 13 each of subparagraphs (A) and (B) of subsection 14 (e)(1) and subparagraphs (A), (B), and (C) of sub- 15 section (e)(2) for the calendar quarter. 16 (h) LIMITATIONS.— 17 (1) NO DUPLICATIVE REIMBURSEMENT.—The 18 Secretary may not provide, and a health care pro- 19 vider may not accept, reimbursement under this sec- 20 tion for expenses or losses with respect to which— 21 (A) the eligible health care provider is re- 22 imbursed from other sources; or 23 (B) other sources are obligated to reim- 24 burse the provider. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00577 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 578 •HR 6800 IH (2) NO EXECUTIVE COMPENSATION.—Reim- 1 bursement for eligible expenses (as described in sub- 2 section (e)) and lost revenues (as described in sub- 3 section (f)) shall not include compensation or bene- 4 fits, including salary, bonuses, awards of stock, or 5 other financial benefits, for an officer or employee 6 described in section 4004(a)(2) of the CARES Act 7 (Public Law 116–136). 8 (i) NO BALANCE BILLING AS CONDITION OF RE- 9 CEIPT OF FUNDS.— 10 (1) PROTECTING INDIVIDUALS ENROLLED IN 11 HEALTH PLANS.—As a condition of receipt of reim- 12 bursement under this section, a health care provider, 13 in the case such provider furnishes during the emer- 14 gency period described in section 1135(g)(1)(B) of 15 the Social Security Act (42 U.S.C. 1320b– 16 5(g)(1)(B)) (whether before, on, or after, the date 17 on which the provider submits an application under 18 this section) a medically necessary item or service 19 described in subparagraph (A), (B), or (C) of para- 20 graph (3) to an individual who is described in such 21 subparagraph (A), (B), or (C), respectively, and en- 22 rolled in a group health plan or group or individual 23 health insurance coverage offered by a health insur- 24 ance issuer (including grandfathered health plans as 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00578 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 579 •HR 6800 IH defined in section 1251(e) of the Patient Protection 1 and Affordable Care Act (42 U.S.C. 18011(e)) and 2 such provider is a nonparticipating provider with re- 3 spect to such plan or coverage and such plan or cov- 4 erage and such items and services would otherwise 5 be covered under such plan if furnished by a partici- 6 pating provider— 7 (A) may not bill or otherwise hold liable 8 such individual for a payment amount for such 9 item or service that is more than the cost-shar- 10 ing amount that would apply under such plan 11 or coverage for such item or service if such pro- 12 vider furnishing such service were a partici- 13 pating provider with respect to such plan or 14 coverage; 15 (B) shall reimburse such individual in a 16 timely manner for any amount for such item or 17 service paid by the individual to such provider 18 in excess of such cost-sharing amount; 19 (C) shall submit any claim for such item or 20 service directly to the plan or coverage; and 21 (D) shall not bill the individual for such 22 cost-sharing amount until such individual is in- 23 formed by the plan or coverage of the required 24 payment amount. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00579 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 580 •HR 6800 IH (2) PROTECTING UNINSURED INDIVIDUALS.— 1 As a condition of receipt of reimbursement under 2 this section, a health care provider, in the case such 3 reimbursement is with respect to expenses incurred 4 in providing uncompensated care (as described in 5 subsection (g)(4)) with respect to a medically nec- 6 essary item or service described in subparagraph 7 (A), (B), or (C) of paragraph (3) furnished during 8 such emergency period (whether before, on, or after, 9 the date on which the provider submits an applica- 10 tion under this section) by the provider to an indi- 11 vidual who is described in such subparagraph (A), 12 (B), or (C), respectively— 13 (A) shall consider such reimbursement as 14 payment in full with respect to such item or 15 service so furnished to such individual; 16 (B) may not bill or otherwise hold liable 17 such individual for any payment for such item 18 or service so furnished to such individual; and 19 (C) shall reimburse such individual in a 20 timely manner for any amount for such item or 21 service paid by the individual to such provider. 22 (3) MEDICALLY NECESSARY ITEMS AND SERV- 23 ICES DESCRIBED.—For purposes of this subsection, 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00580 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 581 •HR 6800 IH medically necessary items and services described in 1 this paragraph are— 2 (A) medically necessary items and services 3 (including in-person or telehealth visits in which 4 such items and services are furnished) that are 5 furnished to an individual who has been diag- 6 nosed with (or after provision of the items and 7 services is diagnosed with) COVID–19 to treat 8 or mitigate the effects of COVID–19; 9 (B) medically necessary items and services 10 (including in-person or telehealth visits in which 11 such items and services are furnished) that are 12 furnished to an individual who is presumed, in 13 accordance with paragraph (4), to have 14 COVID–19 but is never diagnosed as such; and 15 (C) a diagnostic test (and administration 16 of such test) as described in section 6001(a) of 17 division F of the Families First Coronavirus 18 Response Act (42 U.S.C. 1320b–5 note) admin- 19 istered to an individual. 20 (4) PRESUMPTIVE CASE OF COVID–19.—For 21 purposes of paragraph (3)(B), an individual shall be 22 presumed to have COVID–19 if the medical record 23 documentation of the individual supports a diagnosis 24 of COVID–19, even if the individual does not have 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00581 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 582 •HR 6800 IH a positive in vitro diagnostic test result in the med- 1 ical record of the individual. 2 (5) PENALTY.—In the case of an eligible health 3 care provider that is paid a reimbursement under 4 this section and that is in violation of paragraph (1) 5 or (2), in addition to any other penalties that may 6 be prescribed by law, the Secretary may recoup from 7 such provider up to the full amount of reimburse- 8 ment the provider receives under this section. 9 (6) DEFINITIONS.—In this subsection: 10 (A) NONPARTICIPATING PROVIDER.—The 11 term ‘‘nonparticipating provider’’ means, with 12 respect to an item or service and group health 13 plan or group or individual health insurance 14 coverage offered by a health insurance issuer, a 15 health care provider that does not have a con- 16 tractual relationship directly or indirectly with 17 the plan or issuer, respectively, for furnishing 18 such an item or service under the plan or cov- 19 erage. 20 (B) PARTICIPATING PROVIDER.—The term 21 ‘‘participating provider’’ means, with respect to 22 an item or service and group health plan or 23 group or individual health insurance coverage 24 offered by a health insurance issuer, a health 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00582 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 583 •HR 6800 IH care provider that has a contractual relation- 1 ship directly or indirectly with the plan or 2 issuer, respectively, for furnishing such an item 3 or service under the plan or coverage. 4 (C) GROUP HEALTH PLAN, HEALTH INSUR- 5 ANCE COVERAGE.—The terms ‘‘group health 6 plan’’, ‘‘health insurance issuer’’, ‘‘group health 7 insurance coverage’’, and ‘‘individual health in- 8 surance coverage’’ shall have the meanings 9 given such terms under section 2791 of the 10 Public Health Service Act (42 U.S.C. 300gg– 11 91). 12 (j) REPORTS.— 13 (1) AWARD INFORMATION.—In making awards 14 under this section, the Secretary shall post in a 15 searchable, electronic format, a list of all recipients 16 and awards pursuant to funding authorized under 17 this section. 18 (2) REPORTS BY RECIPIENTS.—Each recipient 19 of an award under this section shall, as a condition 20 on receipt of such award, submit reports and main- 21 tain documentation, in such form, at such time, and 22 containing such information, as the Secretary deter- 23 mines is needed to ensure compliance with this sec- 24 tion. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00583 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 584 •HR 6800 IH (3) PUBLIC LISTING OF AWARDS.—The Sec- 1 retary shall— 2 (A) not later than 7 days after the date of 3 enactment of this Act, post in a searchable, 4 electronic format, a list of all awards made by 5 the Secretary under this section, including the 6 recipients and amounts of such awards; and 7 (B) update such list not less than every 7 8 days until all funds made available to carry out 9 this section are expended. 10 (4) INSPECTOR GENERAL REPORT.— 11 (A) IN GENERAL.—Not later than 3 years 12 after final payments are made under this sec- 13 tion, the Inspector General of the Department 14 of Health and Human Services shall transmit a 15 final report on audit findings with respect to 16 the program under this section to the Com- 17 mittee on Energy and Commerce and the Com- 18 mittee on Appropriations of the House of Rep- 19 resentatives and the Committee on Health, 20 Education, Labor and Pensions and the Com- 21 mittee on Appropriations of the Senate. 22 (B) RULE OF CONSTRUCTION.—Nothing in 23 this paragraph shall be construed as limiting 24 the authority of the Inspector General of the 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00584 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 585 •HR 6800 IH Department of Health and Human Services or 1 the Comptroller General of the United States to 2 conduct audits of interim payments earlier than 3 the deadline described in subparagraph (A). 4 (k) ELIGIBLE HEALTH CARE PROVIDER DEFINED.— 5 In this section: 6 (1) IN GENERAL.—The term ‘‘eligible health 7 care provider’’ means a health care provider de- 8 scribed in paragraph (2) that provides diagnostic or 9 testing services or treatment to individuals with a 10 confirmed or presumptive diagnosis of COVID–19. 11 (2) HEALTH CARE PROVIDERS DESCRIBED.—A 12 health care provider described in this paragraph is 13 any of the following: 14 (A) A health care provider enrolled as a 15 participating provider under a State plan ap- 16 proved under title XIX of the Social Security 17 Act (42 U.S.C. 1396 et seq.) (or a waiver of 18 such a plan). 19 (B) A provider of services (as defined in 20 subsection (u) of section 1861 of the Social Se- 21 curity Act (42 U.S.C. 1395x)) or a supplier (as 22 defined in subsection (d) of such section) that 23 is enrolled as a participating provider of serv- 24 ices or participating supplier under the Medi- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00585 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 586 •HR 6800 IH care program under title XVIII of such Act (42 1 U.S.C. 1395 et seq.). 2 (C) A public entity. 3 (D) Any other entity not described in this 4 paragraph as the Secretary may specify. 5 (l) FUNDING.— 6 (1) AUTHORIZATION OF APPROPRIATIONS.— 7 There is authorized to be appropriated for an addi- 8 tional amount to carry out this section 9 $100,000,000,000, to remain available until ex- 10 pended. 11 (2) HEALTH CARE PROVIDER RELIEF FUND.— 12 (A) USE OF APPROPRIATED FUNDS.— 13 (i) IN GENERAL.—In addition to 14 amounts authorized to be appropriated 15 pursuant to paragraph (1), the unobligated 16 balance of all amounts appropriated to the 17 Health Care Provider Relief Fund shall be 18 made available only to carry out this sec- 19 tion. 20 (ii) AMOUNTS.—For purposes of 21 clause (i), the following amounts are 22 deemed to be appropriated to the Health 23 Care Provider Relief Fund: 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00586 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 587 •HR 6800 IH (I) The unobligated balance of 1 the appropriation of 2 $100,000,000,000 in the third para- 3 graph under the heading ‘‘Depart- 4 ment of Health and Human Serv- 5 ices—Office of the Secretary—Public 6 Health and Social Services Emergency 7 Fund’’ in division B of the CARES 8 Act (Public Law 116–136). 9 (II) The unobligated balance of 10 the appropriation under the heading 11 ‘‘Department of Health and Human 12 Services—Office of the Secretary— 13 Public Health and Social Services 14 Emergency Fund’’ in division B of the 15 Paycheck Protection Program and 16 Health Care Enhancement Act (Pub- 17 lic Law 116–139). 18 (B) LIMITATION.—Of the unobligated bal- 19 ances described in subparagraph (A)(ii), the 20 Secretary may not make available more than 21 $10,000,000,000 to reimburse eligible health 22 care providers for expenses incurred in pro- 23 viding uncompensated care. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00587 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 588 •HR 6800 IH (C) FUTURE AMOUNTS.—Any appropria- 1 tion enacted subsequent to the date of enact- 2 ment of this Act that is made available for re- 3 imbursing eligible health care providers as de- 4 scribed in subsection (a) shall be made available 5 only to carry out this section. 6 PUBLIC HEALTH WORKFORCE LOAN REPAYMENT 7 PROGRAM 8 SEC. 30612. 9 Part D of title III of the Public Health Service Act 10 (42 U.S.C. 254b et seq.) is amended by adding at the end 11 the following new subpart: 12 ‘‘Subpart XIII—Public Health Workforce 13 ‘‘SEC. 340J. LOAN REPAYMENT PROGRAM. 14 ‘‘(a) ESTABLISHMENT.—The Secretary of Health 15 and Human Services shall establish a program to be 16 known as the Public Health Workforce Loan Repayment 17 Program (referred to in this section as the ‘Program’) to 18 assure an adequate supply of and encourage recruitment 19 of public health professionals to eliminate critical public 20 health workforce shortages in local, State, territorial, and 21 Tribal public health agencies. 22 ‘‘(b) ELIGIBILITY.—To be eligible to participate in 23 the Program, an individual shall— 24 ‘‘(1)(A) be accepted for enrollment, or be en- 25 rolled, as a student in an accredited academic edu- 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00588 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 589 •HR 6800 IH cational institution in a State or territory in the 1 final semester or equivalent of a course of study or 2 program leading to a public health degree, a health 3 professions degree or certificate, or a degree in com- 4 puter science, information science, information sys- 5 tems, information technology, or statistics and have 6 accepted employment with a local, State, territorial, 7 or Tribal public health agency, or a related training 8 fellowship, as recognized by the Secretary, to com- 9 mence upon graduation; or 10 ‘‘(B)(i) have graduated, during the preceding 11 10-year period, from an accredited educational insti- 12 tution in a State or territory and received a public 13 health degree, a health professions degree or certifi- 14 cate, or a degree in computer science, information 15 science, information systems, information tech- 16 nology, or statistics; and 17 ‘‘(ii) be employed by, or have accepted employ- 18 ment with, a local, State, territorial, or Tribal public 19 health agency or a related training fellowship, as 20 recognized by the Secretary; 21 ‘‘(2) be a United States citizen; 22 ‘‘(3)(A) submit an application to the Secretary 23 to participate in the Program; and 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00589 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 590 •HR 6800 IH ‘‘(B) execute a written contract as required in 1 subsection (c); and 2 ‘‘(4) not have received, for the same service, a 3 reduction of loan obligations under section 428K or 4 428L of the Higher Education Act of 1965 (20 5 U.S.C. 1078–11, 1078–12). 6 ‘‘(c) CONTRACT.—The written contract referred to in 7 subsection (b)(3)(B) between the Secretary and an indi- 8 vidual shall contain— 9 ‘‘(1) an agreement on the part of the Secretary 10 that the Secretary will repay, on behalf of the indi- 11 vidual, loans incurred by the individual in the pur- 12 suit of the relevant degree or certificate in accord- 13 ance with the terms of the contract; 14 ‘‘(2) an agreement on the part of the individual 15 that the individual will serve in the full-time employ- 16 ment of a local, State, or Tribal public health agency 17 or a related fellowship program in a position related 18 to the course of study or program for which the con- 19 tract was awarded for a period of time equal to the 20 greater of— 21 ‘‘(A) 2 years; or 22 ‘‘(B) such longer period of time as deter- 23 mined appropriate by the Secretary and the in- 24 dividual; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00590 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 591 •HR 6800 IH ‘‘(3) an agreement, as appropriate, on the part 1 of the individual to relocate to a priority service area 2 (as determined by the Secretary) in exchange for an 3 additional loan repayment incentive amount to be 4 determined by the Secretary; 5 ‘‘(4) a provision that any financial obligation of 6 the United States arising out of a contract entered 7 into under this section and any obligation of the in- 8 dividual that is conditioned thereon, is contingent on 9 funds being appropriated for loan repayments under 10 this section; 11 ‘‘(5) a statement of the damages to which the 12 United States is entitled, under this section for the 13 individual’s breach of the contract; and 14 ‘‘(6) such other statements of the rights and li- 15 abilities of the Secretary and of the individual as the 16 Secretary determines appropriate, not inconsistent 17 with this section. 18 ‘‘(d) PAYMENTS.— 19 ‘‘(1) IN GENERAL.—A loan repayment provided 20 for an individual under a written contract referred 21 to in subsection (b)(3)(B) shall consist of payment, 22 in accordance with paragraph (2), for the individual 23 toward the outstanding principal and interest on 24 education loans incurred by the individual in the 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00591 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 592 •HR 6800 IH pursuit of the relevant degree in accordance with the 1 terms of the contract. 2 ‘‘(2) EQUITABLE DISTRIBUTION.—In awarding 3 contracts under this section, the Secretary shall en- 4 sure— 5 ‘‘(A) a certain percentage of contracts are 6 awarded to individuals who are not already 7 working in public health departments; 8 ‘‘(B) an equitable distribution of funds 9 geographically; and 10 ‘‘(C) an equitable distribution among 11 State, local, territorial, and Tribal public health 12 departments. 13 ‘‘(3) PAYMENTS FOR YEARS SERVED.—For 14 each year of service that an individual contracts to 15 serve pursuant to subsection (c)(2), the Secretary 16 may pay not more than $35,000 on behalf of the in- 17 dividual for loans described in paragraph (1). With 18 respect to participants under the Program whose 19 total eligible loans are less than $105,000, the Sec- 20 retary shall pay an amount that does not exceed 1⁄3 21 of the eligible loan balance for each year of such 22 service of such individual. 23 ‘‘(4) TAX LIABILITY.—For purposes of the In- 24 ternal Revenue Code of 1986, a payment made 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00592 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 593 •HR 6800 IH under this section shall be treated in the same man- 1 ner as an amount received under section 338B(g) of 2 this Act, as described in section 108(f)(4) of such 3 Code. 4 ‘‘(e) POSTPONING OBLIGATED SERVICE.—With re- 5 spect to an individual receiving a degree or certificate from 6 a health professions or other related school, the date of 7 the initiation of the period of obligated service may be 8 postponed as approved by the Secretary. 9 ‘‘(f) BREACH OF CONTRACT.—An individual who fails 10 to comply with the contract entered into under subsection 11 (c) shall be subject to the same financial penalties as pro- 12 vided for under section 338E of the Public Health Service 13 Act (42 U.S.C. 254o) for breaches of loan repayment con- 14 tracts under section 338B of such Act (42 U.S.C. section 15 254l–1). 16 ‘‘(g) DEFINITION.—For purposes of this section, the 17 term ‘full-time’ means full-time as such term is used in 18 section 455(m)(3) of the Higher Education Act of 1965. 19 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 20 is authorized to be appropriated to carry out this section— 21 ‘‘(1) $100,000,000 for fiscal year 2020; and 22 ‘‘(2) $75,000,000 for fiscal year 2021.’’. 23 EXPANDING CAPACITY FOR HEALTH OUTCOMES 24 SEC. 30613. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00593 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 594 •HR 6800 IH (a) IN GENERAL.—The Secretary, acting through the 1 Administrator of the Health Resources and Services Ad- 2 ministration, shall award grants to eligible entities to de- 3 velop and expand the use of technology-enabled collabo- 4 rative learning and capacity building models to respond 5 to ongoing and real-time learning, health care information 6 sharing, and capacity building needs related to COVID– 7 19. 8 (b) ELIGIBLE ENTITIES.—To be eligible to receive a 9 grant under this section, an entity shall have experience 10 providing technology-enabled collaborative learning and 11 capacity building health care services— 12 (1) in rural areas, frontier areas, health profes- 13 sional shortage areas, or medically underserved area; 14 or 15 (2) to medically underserved populations or In- 16 dian Tribes. 17 (c) USE OF FUNDS.—An eligible entity receiving a 18 grant under this section shall use funds received through 19 the grant— 20 (1) to advance quality of care in response to 21 COVID–19, with particular emphasis on rural and 22 underserved areas and populations; 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00594 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 595 •HR 6800 IH (2) to protect medical personnel and first re- 1 sponders through sharing real-time learning through 2 virtual communities of practice; 3 (3) to improve patient outcomes for conditions 4 affected or exacerbated by COVID–19, including im- 5 provement of care for patients with complex chronic 6 conditions; and 7 (4) to support rapid uptake by health care pro- 8 fessionals of emerging best practices and treatment 9 protocols around COVID–19. 10 (d) OPTIONAL ADDITIONAL USES OF FUNDS.—An 11 eligible entity receiving a grant under this section may use 12 funds received through the grant for— 13 (1) equipment to support the use and expansion 14 of technology-enabled collaborative learning and ca- 15 pacity building models, including hardware and soft- 16 ware that enables distance learning, health care pro- 17 vider support, and the secure exchange of electronic 18 health information; 19 (2) the participation of multidisciplinary expert 20 team members to facilitate and lead technology-en- 21 abled collaborative learning sessions, and profes- 22 sionals and staff assisting in the development and 23 execution of technology-enabled collaborative learn- 24 ing; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00595 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 596 •HR 6800 IH (3) the development of instructional program- 1 ming and the training of health care providers and 2 other professionals that provide or assist in the pro- 3 vision of services through technology-enabled collabo- 4 rative learning and capacity building models; and 5 (4) other activities consistent with achieving the 6 objectives of the grants awarded under this section. 7 (e) TECHNOLOGY-ENABLED COLLABORATIVE LEARN- 8 ING AND CAPACITY BUILDING MODEL DEFINED.—In this 9 section, the term ‘‘technology-enabled collaborative learn- 10 ing and capacity building model’’ has the meaning given 11 that term in section 2(7) of the Expanding Capacity for 12 Health Outcomes Act (Public Law 114–270; 130 Stat. 13 1395). 14 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 15 authorized to be appropriated to carry out this section 16 $20,000,000, to remain available until expended. 17 ADDITIONAL FUNDING FOR MEDICAL RESERVE CORPS 18 SEC. 30614. 19 Section 2813 of the Public Health Service Act (42 20 U.S.C. 300hh–15) is amended by striking ‘‘$11,200,000 21 for each of fiscal years 2019 through 2023’’ and inserting 22 ‘‘$31,200,000 for each of fiscal years 2020 and 2021 and 23 $11,200,000 for each of fiscal years 2022 and 2023’’. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00596 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 597 •HR 6800 IH GRANTS FOR SCHOOLS OF MEDICINE IN DIVERSE AND 1 UNDERSERVED AREAS 2 SEC. 30615. 3 Subpart II of part C of title VII of the Public Health 4 Service Act is amended by inserting after section 749B 5 of such Act (42 U.S.C. 293m) the following: 6 ‘‘SEC. 749C. SCHOOLS OF MEDICINE IN UNDERSERVED 7 AREAS. 8 ‘‘(a) GRANTS.—The Secretary, acting through the 9 Administrator of the Health Resources and Services Ad- 10 ministration, may award grants to institutions of higher 11 education (including multiple institutions of higher edu- 12 cation applying jointly) for the establishment, improve- 13 ment, and expansion of an allopathic or osteopathic school 14 of medicine, or a branch campus of an allopathic or osteo- 15 pathic school of medicine. 16 ‘‘(b) PRIORITY.—In selecting grant recipients under 17 this section, the Secretary shall give priority to institutions 18 of higher education that— 19 ‘‘(1) propose to use the grant for an allopathic 20 or osteopathic school of medicine, or a branch cam- 21 pus of an allopathic or osteopathic school of medi- 22 cine, in a combined statistical area with fewer than 23 200 actively practicing physicians per 100,000 resi- 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00597 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 598 •HR 6800 IH dents according to the medical board (or boards) of 1 the State (or States) involved; 2 ‘‘(2) have a curriculum that emphasizes care for 3 diverse and underserved populations; or 4 ‘‘(3) are minority-serving institutions described 5 in the list in section 371(a) of the Higher Education 6 Act of 1965. 7 ‘‘(c) USE OF FUNDS.—The activities for which a 8 grant under this section may be used include— 9 ‘‘(1) planning and constructing— 10 ‘‘(A) a new allopathic or osteopathic school 11 of medicine in an area in which no other school 12 is based; or 13 ‘‘(B) a branch campus of an allopathic or 14 osteopathic school of medicine in an area in 15 which no such school is based; 16 ‘‘(2) accreditation and planning activities for an 17 allopathic or osteopathic school of medicine or 18 branch campus; 19 ‘‘(3) hiring faculty and other staff to serve at 20 an allopathic or osteopathic school of medicine or 21 branch campus; 22 ‘‘(4) recruitment and enrollment of students at 23 an allopathic or osteopathic school of medicine or 24 branch campus; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00598 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 599 •HR 6800 IH ‘‘(5) supporting educational programs at an 1 allopathic or osteopathic school of medicine or 2 branch campus; 3 ‘‘(6) modernizing infrastructure or curriculum 4 at an existing allopathic or osteopathic school of 5 medicine or branch campus thereof; 6 ‘‘(7) expanding infrastructure or curriculum at 7 existing an allopathic or osteopathic school of medi- 8 cine or branch campus; and 9 ‘‘(8) other activities that the Secretary deter- 10 mines further the development, improvement, and 11 expansion of an allopathic or osteopathic school of 12 medicine or branch campus thereof. 13 ‘‘(d) DEFINITIONS.—In this section: 14 ‘‘(1) The term ‘branch campus’ means a geo- 15 graphically separate site at least 100 miles from the 16 main campus of a school of medicine where at least 17 one student completes at least 60 percent of the stu- 18 dent’s training leading to a degree of doctor of medi- 19 cine. 20 ‘‘(2) The term ‘institution of higher education’ 21 has the meaning given to such term in section 22 101(a) of the Higher Education Act of 1965. 23 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To 24 carry out this section, there is authorized to be appro- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00599 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 600 •HR 6800 IH priated $1,000,000,000, to remain available until ex- 1 pended.’’. 2 GAO STUDY ON PUBLIC HEALTH WORKFORCE 3 SEC. 30616. 4 (a) IN GENERAL.—The Comptroller General of the 5 United States shall conduct a study on the public health 6 workforce in the United States during the COVID–19 7 pandemic. 8 (b) TOPICS.—The study under subsection (a) shall 9 address— 10 (1) existing gaps in the Federal, State, local, 11 Tribal, and territorial public health workforce, in- 12 cluding— 13 (A) epidemiological and disease interven- 14 tion specialists needed during the pandemic for 15 contact tracing, laboratory technicians nec- 16 essary for testing, community health workers 17 for community supports and services, and other 18 staff necessary for contact tracing, testing, or 19 surveillance activities; and 20 (B) other personnel needed during the 21 COVID–19 pandemic; 22 (2) challenges associated with the hiring, re- 23 cruitment, and retention of the Federal, State, local, 24 Tribal, and territorial public health workforce; and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00600 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 601 •HR 6800 IH (3) recommended steps the Federal Government 1 should take to improve hiring, recruitment, and re- 2 tention of the public health workforce. 3 (c) REPORT.—Not later than December 1, 2021, the 4 Comptroller General shall submit to the Congress a report 5 on the findings of the study conducted under this section. 6 LONGITUDINAL STUDY ON THE IMPACT OF COVID–19 ON 7 RECOVERED PATIENTS 8 SEC. 30617. 9 Part A of title IV of the Public Health Service Act 10 (42 U.S.C. 281 et seq.) is amended by adding at the end 11 the following: 12 ‘‘SEC. 404O. LONGITUDINAL STUDY ON THE IMPACT OF 13 COVID–19 ON RECOVERED PATIENTS. 14 ‘‘(a) IN GENERAL.—The Director of NIH, in con- 15 sultation with the Director of the Centers for Disease Con- 16 trol and Prevention, shall conduct a longitudinal study, 17 over not less than 10 years, on the full impact of SARS– 18 CoV–2 or COVID–19 on infected individuals, including 19 both short-term and long-term health impacts. 20 ‘‘(b) TIMING.—The Director of NIH shall begin en- 21 rolling patients in the study under this section not later 22 than 6 months after the date of enactment of this section. 23 ‘‘(c) REQUIREMENTS.—The study under this section 24 shall— 25 ‘‘(1) be nationwide; 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00601 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 602 •HR 6800 IH ‘‘(2) include diversity of enrollees to account for 1 gender, age, race, ethnicity, geography, 2 comorbidities, and underrepresented populations, in- 3 cluding pregnant and lactating women; 4 ‘‘(3) study individuals with COVID–19 who ex- 5 perienced mild symptoms, such individuals who expe- 6 rienced moderate symptoms, and such individuals 7 who experienced severe symptoms; 8 ‘‘(4) monitor the health outcomes and symp- 9 toms of individuals with COVID–19, or who had 10 prenatal exposure to SARS–CoV–2 or COVID–19, 11 including lung capacity and function, and immune 12 response, taking into account any pharmaceutical 13 interventions such individuals may have received; 14 ‘‘(5) monitor the mental health outcomes of in- 15 dividuals with COVID–19, taking into account any 16 interventions that affected mental health; and 17 ‘‘(6) monitor individuals enrolled in the study 18 not less frequently than twice per year after the first 19 year of the individual’s infection with SARS–CoV–2. 20 ‘‘(d) PUBLIC-PRIVATE RESEARCH NETWORK.—For 21 purposes of carrying out the study under this section, the 22 Director of NIH may develop a network of public-private 23 research partners, provided that all research, including the 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00602 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 603 •HR 6800 IH research carried out through any such partner, is available 1 publicly. 2 ‘‘(e) SUMMARIES OF FINDINGS.—The Director of 3 NIH shall make public a summary of findings under this 4 section not less frequently than once every 3 months for 5 the first 2 years of the study, and not less frequently than 6 every 6 months thereafter. Such summaries may include 7 information about how the findings of the study under this 8 section compare with findings from research conducted 9 abroad. 10 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 11 is authorized to be appropriated to carry out this section 12 $200,000,000, to remain available until expended.’’. 13 RESEARCH ON THE MENTAL HEALTH IMPACT OF COVID– 14 19 15 SEC. 30618. 16 (a) IN GENERAL.—The Secretary, acting through the 17 Director of the National Institute of Mental Health, shall 18 conduct or support research on the mental health con- 19 sequences of SARS–CoV–2 or COVID–19. 20 (b) USE OF FUNDS.—Research under subsection (a) 21 may include the following: 22 (1) Research on the mental health impact of 23 SARS–CoV–2 or COVID–19 on health care pro- 24 viders, including— 25 (A) traumatic stress; 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00603 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 604 •HR 6800 IH (B) psychological distress; and 1 (C) psychiatric disorders. 2 (2) Research on the impact of SARS–CoV–2 or 3 COVID–19 stressors on mental health over time. 4 (3) Research to strengthen the mental health 5 response to SARS–CoV–2 or COVID–19, including 6 adapting to and maintaining or providing additional 7 services for new or increasing mental health needs. 8 (4) Research on the reach, efficiency, effective- 9 ness, and quality of digital mental health interven- 10 tions. 11 (5) Research on effectiveness of strategies for 12 implementation and delivery of evidence-based men- 13 tal health interventions and services for underserved 14 populations. 15 (6) Research on suicide prevention. 16 (c) RESEARCH COORDINATION.—The Secretary shall 17 coordinate activities under this section with similar activi- 18 ties conducted by national research institutes and centers 19 of the National Institutes of Health to the extent that 20 such institutes and centers have responsibilities that are 21 related to the mental health consequences of SARS–CoV– 22 2 or COVID–19. 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00604 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 605 •HR 6800 IH (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 1 out this section, there is authorized to be appropriated 2 $200,000,000, to remain available until expended. 3 EMERGENCY MENTAL HEALTH AND SUBSTANCE USE 4 TRAINING AND TECHNICAL ASSISTANCE CENTER 5 SEC. 30619. 6 Subpart 3 of part B of title V of the Public Health 7 Service Act (42 U.S.C. 290bb–31 et seq.) is amended by 8 inserting after section 520A (42 U.S.C. 290bb–32) the fol- 9 lowing: 10 ‘‘SEC. 520B. EMERGENCY MENTAL HEALTH AND SUB- 11 STANCE USE TRAINING AND TECHNICAL AS- 12 SISTANCE CENTER. 13 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 14 through the Assistant Secretary, shall establish or operate 15 a center to be known as the Emergency Mental Health 16 and Substance Use Training and Technical Assistance 17 Center (referred to in this section as the ‘Center’) to pro- 18 vide technical assistance and support— 19 ‘‘(1) to public or nonprofit entities seeking to 20 establish or expand access to mental health and sub- 21 stance use prevention, treatment, and recovery sup- 22 port services, and increase awareness of such serv- 23 ices; and 24 ‘‘(2) to public health professionals, health care 25 professionals and support staff, essential workers (as 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00605 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 606 •HR 6800 IH defined by a State, Tribe, locality, or territory), and 1 members of the public to address the trauma, stress, 2 and mental health needs associated with an emer- 3 gency period. 4 ‘‘(b) ASSISTANCE AND SUPPORT.—The assistance 5 and support provided under subsection (a) shall include 6 assistance and support with respect to— 7 ‘‘(1) training on identifying signs of trauma, 8 stress, and mental health needs; 9 ‘‘(2) providing accessible resources to assist in- 10 dividuals and families experiencing trauma, stress, 11 or other mental health needs during and after an 12 emergency period; 13 ‘‘(3) providing resources for substance use dis- 14 order prevention, treatment, and recovery designed 15 to assist individuals and families during and after an 16 emergency period; 17 ‘‘(4) the provision of language access services, 18 including translation services, interpretation, or 19 other such services for individuals with limited 20 English speaking proficiency or people with disabil- 21 ities; and 22 ‘‘(5) evaluation and improvement, as necessary, 23 of the effectiveness of such services provided by pub- 24 lic or nonprofit entities. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00606 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 607 •HR 6800 IH ‘‘(c) BEST PRACTICES.—The Center shall periodi- 1 cally issue best practices for use by organizations seeking 2 to provide mental health services or substance use disorder 3 prevention, treatment, or recovery services to individuals 4 during and after an emergency period. 5 ‘‘(d) EMERGENCY PERIOD.—In this section, the term 6 ‘emergency period’ has the meaning given such term in 7 section 1135(g)(1)(A) of the Social Security Act. 8 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 9 is authorized to be appropriated to carry out this section 10 $20,000,000 for each of fiscal years 2020 and 2021.’’. 11 IMPORTANCE OF THE BLOOD AND PLASMA SUPPLY 12 SEC. 30620. 13 (a) IN GENERAL.—Section 3226 of the CARES Act 14 (Public Law 116–136) is amended— 15 (1) in the section heading after ‘‘BLOOD’’ by 16 inserting ‘‘AND PLASMA’’; and 17 (2) by inserting after ‘‘blood’’ each time it ap- 18 pears ‘‘and plasma’’. 19 (b) CONFORMING AMENDMENT.—The item relating 20 to section 3226 in the table of contents in section 2 of 21 the CARES Act (Public Law 116–136) is amended to read 22 as follows: 23 ‘‘Sec. 3226. Importance of the blood and plasma supply.’’. VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00607 Fmt 6652 Sfmt 6211 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 608 •HR 6800 IH Subtitle B—Assistance for Individuals and Families 1 REIMBURSEMENT FOR ADDITIONAL HEALTH SERVICES 2 RELATING TO CORONAVIRUS 3 SEC. 30631. 4 Title V of division A of the Families First 5 Coronavirus Response Act (Public Law 116–127) is 6 amended under the heading ‘‘Department of Health and 7 Human Services—Office of the Secretary—Public Health 8 and Social Services Emergency Fund’’ by inserting ‘‘, or 9 treatment related to SARS–CoV–2 or COVID–19 for un- 10 insured individuals’’ after ‘‘or visits described in para- 11 graph (2) of such section for uninsured individuals’’. 12 CENTERS FOR DISEASE CONTROL AND PREVENTION 13 COVID–19 RESPONSE LINE 14 SEC. 30632. 15 (a) IN GENERAL.—During the public health emer- 16 gency declared by the Secretary pursuant to section 319 17 of the Public Health Service Act (42 U.S.C. 247d) on Jan- 18 uary 31, 2020 with respect to COVID–19, the Secretary, 19 acting through the Director of the Centers for Disease 20 Control and Prevention, shall maintain a toll-free tele- 21 phone number to address public health queries, including 22 questions concerning COVID–19. 23 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 24 out this section, there is authorized to be appropriated 25 $10,000,000, to remain available until expended. 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00608 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 609 •HR 6800 IH GRANTS TO ADDRESS SUBSTANCE USE DURING COVID–19 1 SEC. 30633. 2 (a) IN GENERAL.—The Assistant Secretary for Men- 3 tal Health and Substance Use of the Department of 4 Health and Human Services (in this section referred to 5 as the ‘‘Assistant Secretary’’), in consultation with the Di- 6 rector of the Centers for Disease Control and Prevention, 7 shall award grants to States, political subdivisions of 8 States, Tribes, Tribal organizations, and community-based 9 entities to address the harms of drug misuse, including 10 by— 11 (1) preventing and controlling the spread of in- 12 fectious diseases, such as HIV/AIDS and viral hepa- 13 titis, and the consequences of such diseases for indi- 14 viduals with substance use disorder; 15 (2) connecting individuals at risk for or with a 16 substance use disorder to overdose education, coun- 17 seling, and health education; or 18 (3) encouraging such individuals to take steps 19 to reduce the negative personal and public health 20 impacts of substance use or misuse during the emer- 21 gency period. 22 (b) CONSIDERATIONS.—In awarding grants under 23 this section, the Assistant Secretary shall prioritize grants 24 to applicants proposing to serve areas with— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00609 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 610 •HR 6800 IH (1) a high proportion of people who meet cri- 1 teria for dependence on or abuse of illicit drugs who 2 have not received any treatment; 3 (2) high drug overdose death rates; 4 (3) high telemedicine infrastructure needs; and 5 (4) high behavioral health and substance use 6 disorder workforce needs. 7 (c) DEFINITION.—In this section, the term ‘‘emer- 8 gency period’’ has the meaning given to such term in sec- 9 tion 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 10 1320b–5(g)(1)(B))). 11 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 12 out this section, there is authorized to be appropriated 13 $10,000,000, to remain available until expended. 14 GRANTS TO SUPPORT INCREASED BEHAVIORAL HEALTH 15 NEEDS DUE TO COVID–19 16 SEC. 30634. 17 (a) IN GENERAL.—The Secretary, acting through the 18 Assistant Secretary of Mental Health and Substance Use, 19 shall award grants to States, political subdivisions of 20 States, Indian Tribes and Tribal organizations, commu- 21 nity-based entities, and primary care and behavioral 22 health organizations to address behavioral health needs 23 caused by the public health emergency declared pursuant 24 to section 319 of the Public Health Service Act (42 U.S.C. 25 247d) with respect to COVID–19. 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00610 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 611 •HR 6800 IH (b) USE OF FUNDS.—An entity that receives a grant 1 under subsection (a) may use funds received through such 2 grant to— 3 (1) increase behavioral health treatment and 4 prevention capacity, including to— 5 (A) promote coordination among local enti- 6 ties; 7 (B) train the behavioral health workforce, 8 relevant stakeholders, and community members; 9 (C) upgrade technology to support effective 10 delivery of health care services through tele- 11 health modalities; 12 (D) purchase medical supplies and equip- 13 ment for behavioral health treatment entities 14 and providers; 15 (E) address surge capacity for behavioral 16 health needs such as through mobile units; and 17 (F) promote collaboration between primary 18 care and mental health providers; and 19 (2) support or enhance behavioral health serv- 20 ices, including— 21 (A) emergency crisis intervention, includ- 22 ing mobile crisis units, 24/7 crisis call centers, 23 and medically staffed crisis stabilization pro- 24 grams; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00611 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 612 •HR 6800 IH (B) screening, assessment, diagnosis, and 1 treatment; 2 (C) mental health awareness trainings; 3 (D) evidence-based suicide prevention; 4 (E) evidence-based integrated care models; 5 (F) community recovery supports; 6 (G) outreach to underserved and minority 7 communities; and 8 (H) for front line health care workers. 9 (c) PRIORITY.—The Secretary shall give priority to 10 applicants proposing to serve areas with a high number 11 of COVID–19 cases. 12 (d) EVALUATION.—An entity that receives a grant 13 under this section shall prepare and submit an evaluation 14 to the Secretary at such time, in such manner, and con- 15 taining such information as the Secretary may reasonably 16 require, including— 17 (1) an evaluation of activities carried out with 18 funds received through the grant; and 19 (2) a process and outcome evaluation. 20 (e) AUTHORIZATION OF APPROPRIATIONS.—To carry 21 out this section, there is authorized to be appropriated 22 $50,000,000 for each of fiscal years 2020 and 2021, to 23 remain available until expended. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00612 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 613 •HR 6800 IH Subtitle C—Assistance to Tribes 1 IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH 2 SECURITY 3 SEC. 30641. 4 Section 319C–1 of the Public Health Service Act (42 5 U.S.C. 247d–3a) is amended— 6 (1) in the section heading, by striking ‘‘AND 7 LOCAL’’ and inserting ‘‘, LOCAL, AND TRIBAL’’; 8 (2) in subsection (b)— 9 (A) in paragraph (1)— 10 (i) in subparagraph (B), by striking 11 ‘‘or’’ at the end; 12 (ii) in subparagraph (C), by striking 13 ‘‘and’’ at the end and inserting ‘‘or’’; and 14 (iii) by adding at the end the fol- 15 lowing: 16 ‘‘(D) be an Indian Tribe, Tribal organiza- 17 tion, or a consortium of Indian Tribes or Tribal 18 organizations; and’’; and 19 (B) in paragraph (2)— 20 (i) in the matter preceding subpara- 21 graph (A), by inserting ‘‘, as applicable’’ 22 after ‘‘including’’; 23 (ii) in subparagraph (A)(viii)— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00613 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 614 •HR 6800 IH (I) by inserting ‘‘and Tribal’’ 1 after ‘‘with State’’; 2 (II) by striking ‘‘(as defined in 3 section 8101 of the Elementary and 4 Secondary Education Act of 1965)’’ 5 and inserting ‘‘and Tribal educational 6 agencies (as defined in sections 8101 7 and 6132, respectively, of the Elemen- 8 tary and Secondary Education Act of 9 1965)’’; and 10 (III) by inserting ‘‘and Tribal’’ 11 after ‘‘and State’’; 12 (iii) in subparagraph (G), by striking 13 ‘‘and tribal’’ and inserting ‘‘Tribal, and 14 urban Indian organization’’; and 15 (iv) in subparagraph (H), by inserting 16 ‘‘, Indian Tribes, and urban Indian organi- 17 zations’’ after ‘‘public health’’; 18 (3) in subsection (e), by inserting ‘‘Indian 19 Tribes, Tribal organizations, urban Indian organiza- 20 tions,’’ after ‘‘local emergency plans,’’; 21 (4) in subsection (g)(1), by striking ‘‘tribal offi- 22 cials’’ and inserting ‘‘Tribal officials’’; 23 (5) in subsection (h)— 24 (A) in paragraph (1)(A)— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00614 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 615 •HR 6800 IH (i) by striking ‘‘through 2023’’ and 1 inserting ‘‘and 2020’’; and 2 (ii) by inserting before the period ‘‘; 3 and $690,000,000 for each of fiscal years 4 2021 through 2023 for awards pursuant to 5 paragraph (3) (subject to the authority of 6 the Secretary to make awards pursuant to 7 paragraphs (4) and (5)) and paragraph 8 (8), of which not less than $5,000,000 9 shall be reserved each fiscal year for 10 awards under paragraph (8)’’; 11 (B) in subsection (h)(2)(B), by striking 12 ‘‘tribal public’’ and inserting ‘‘Tribal public’’; 13 (C) in the heading of paragraph (3), by in- 14 serting ‘‘FOR STATES’’ after ‘‘AMOUNT’’; and 15 (D) by adding at the end the following: 16 ‘‘(8) TRIBAL ELIGIBLE ENTITIES.— 17 ‘‘(A) DETERMINATION OF FUNDING 18 AMOUNT.— 19 ‘‘(i) IN GENERAL.—The Secretary 20 shall award at least 10 cooperative agree- 21 ments under this section, in amounts not 22 less than the minimum amount determined 23 under clause (ii), to eligible entities de- 24 scribed in subsection (b)(1)(D) that sub- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00615 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 616 •HR 6800 IH mits to the Secretary an application that 1 meets the criteria of the Secretary for the 2 receipt of such an award and that meets 3 other reasonable implementation conditions 4 established by the Secretary, in consulta- 5 tion with Indian Tribes, for such awards. 6 If the Secretary receives more than 10 ap- 7 plications under this section from eligible 8 entities described in subsection (b)(1)(D) 9 that meet the criteria and conditions de- 10 scribed in the previous sentence, the Sec- 11 retary, in consultation with Indian Tribes, 12 may make additional awards under this 13 section to such entities. 14 ‘‘(ii) MINIMUM AMOUNT.—In deter- 15 mining the minimum amount of an award 16 pursuant to clause (i), the Secretary, in 17 consultation with Indian Tribes, shall first 18 determine an amount the Secretary con- 19 siders appropriate for the eligible entity. 20 ‘‘(B) AVAILABLE UNTIL EXPENDED.— 21 Amounts provided to a Tribal eligible entity 22 under a cooperative agreement under this sec- 23 tion for a fiscal year and remaining unobligated 24 at the end of such year shall remain available 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00616 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 617 •HR 6800 IH to such entity during the entirety of the per- 1 formance period, for the purposes for which 2 said funds were provided. 3 ‘‘(C) NO MATCHING REQUIREMENT.—Sub- 4 paragraphs (B), (C), and (D) of paragraph (1) 5 shall not apply with respect to cooperative 6 agreements awarded under this section to eligi- 7 ble entities described in subsection (b)(1)(D).’’; 8 and 9 (6) by adding at the end the following: 10 ‘‘(l) SPECIAL RULES RELATED TO TRIBAL ELIGIBLE 11 ENTITIES.— 12 ‘‘(1) MODIFICATIONS.—After consultation with 13 Indian Tribes, the Secretary may make necessary 14 and appropriate modifications to the program under 15 this section to facilitate the use of the cooperative 16 agreement program by eligible entities described in 17 subsection (b)(1)(D). 18 ‘‘(2) WAIVERS.— 19 ‘‘(A) IN GENERAL.—Except as provided in 20 subparagraph (B), the Secretary may waive or 21 specify alternative requirements for any provi- 22 sion of this section (including regulations) that 23 the Secretary administers in connection with 24 this section if the Secretary finds that the waiv- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00617 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 618 •HR 6800 IH er or alternative requirement is necessary for 1 the effective delivery and administration of this 2 program with respect to eligible entities de- 3 scribed in subsection (b)(1)(D). 4 ‘‘(B) EXCEPTION.—The Secretary may not 5 waive or specify alternative requirements under 6 subparagraph (A) relating to labor standards or 7 the environment. 8 ‘‘(3) CONSULTATION.—The Secretary shall con- 9 sult with Indian Tribes and Tribal organizations on 10 the design of this program with respect to such 11 Tribes and organizations to ensure the effectiveness 12 of the program in enhancing the security of Indian 13 Tribes with respect to public health emergencies. 14 ‘‘(4) REPORTING.— 15 ‘‘(A) IN GENERAL.—Not later than 2 years 16 after the date of enactment of this subsection, 17 and as an addendum to the biennial evaluations 18 required under subsection (k), the Secretary, in 19 coordination with the Director of the Indian 20 Health Service, shall— 21 ‘‘(i) conduct a review of the implemen- 22 tation of this section with respect to eligi- 23 ble entities described in subsection 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00618 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 619 •HR 6800 IH (b)(1)(D), including any factors that may 1 have limited its success; and 2 ‘‘(ii) submit a report describing the 3 results of the review described in clause (i) 4 to— 5 ‘‘(I) the Committee on Indian Af- 6 fairs, the Committee on Health, Edu- 7 cation, Labor and Pensions, and the 8 Committee on Appropriations of the 9 Senate; and 10 ‘‘(II) the Subcommittee for In- 11 digenous Peoples of the United States 12 of the Committee on Natural Re- 13 sources, the Committee on Energy 14 and Commerce, and the Committee on 15 Appropriations of the House of Rep- 16 resentatives. 17 ‘‘(B) ANALYSIS OF TRIBAL PUBLIC 18 HEALTH EMERGENCY INFRASTRUCTURE LIMI- 19 TATION.—The Secretary shall include in the 20 initial report submitted under subparagraph (A) 21 a description of any public health emergency in- 22 frastructure limitation encountered by eligible 23 entities described in subsection (b)(1)(D).’’. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00619 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 620 •HR 6800 IH PROVISION OF ITEMS TO INDIAN PROGRAMS AND 1 FACILITIES 2 SEC. 30642. 3 (a) STRATEGIC NATIONAL STOCKPILE.—Section 4 319F–2(a)(3)(G) of the Public Health Service Act (42 5 U.S.C. 247d–6b(a)(3)(G)) is amended by inserting ‘‘, and, 6 in the case that the Secretary deploys the stockpile under 7 this subparagraph, ensure, in coordination with the appli- 8 cable States and programs and facilities, that appropriate 9 drugs, vaccines and other biological products, medical de- 10 vices, and other supplies are deployed by the Secretary di- 11 rectly to health programs or facilities operated by the In- 12 dian Health Service, an Indian Tribe, a Tribal organiza- 13 tion (as those terms are defined in section 4 of the Indian 14 Self-Determination and Education Assistance Act (25 15 U.S.C. 5304)), or an inter-Tribal consortium (as defined 16 in section 501 of the Indian Self-Determination and Edu- 17 cation Assistance Act (25 U.S.C. 5381)) or through an 18 urban Indian organization (as defined in section 4 of the 19 Indian Health Care Improvement Act), while avoiding du- 20 plicative distributions to such programs or facilities’’ be- 21 fore the semicolon. 22 (b) DISTRIBUTION OF QUALIFIED PANDEMIC OR EPI- 23 DEMIC PRODUCTS TO IHS FACILITIES.—Title III of the 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00620 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 621 •HR 6800 IH Public Health Service Act (42 U.S.C. 241 et seq.) is 1 amended by inserting after section 319F–4 the following: 2 ‘‘SEC. 319F–5. DISTRIBUTION OF QUALIFIED PANDEMIC OR 3 EPIDEMIC PRODUCTS TO INDIAN PROGRAMS 4 AND FACILITIES. 5 ‘‘In the case that the Secretary distributes qualified 6 pandemic or epidemic products (as defined in section 7 319F–3(i)(7)) to States or other entities, the Secretary 8 shall ensure, in coordination with the applicable States 9 and programs and facilities, that, as appropriate, such 10 products are distributed directly to health programs or fa- 11 cilities operated by the Indian Health Service, an Indian 12 Tribe, a Tribal organization (as those terms are defined 13 in section 4 of the Indian Self-Determination and Edu- 14 cation Assistance Act (25 U.S.C. 5304)), or an inter-Trib- 15 al consortium (as defined in section 501 of the Indian 16 Self-Determination and Education Assistance Act (25 17 U.S.C. 5381)) or through an urban Indian organization 18 (as defined in section 4 of the Indian Health Care Im- 19 provement Act), while avoiding duplicative distributions to 20 such programs or facilities.’’. 21 HEALTH CARE ACCESS FOR URBAN NATIVE VETERANS 22 SEC. 30643. 23 Section 405 of the Indian Health Care Improvement 24 Act (25 U.S.C. 1645) is amended— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00621 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 622 •HR 6800 IH (1) in subsection (a)(1), by inserting ‘‘urban In- 1 dian organizations,’’ before ‘‘and tribal organiza- 2 tions’’; and 3 (2) in subsection (c)— 4 (A) by inserting ‘‘urban Indian organiza- 5 tion,’’ before ‘‘or tribal organization’’; and 6 (B) by inserting ‘‘an urban Indian organi- 7 zation,’’ before ‘‘or a tribal organization’’. 8 PROPER AND REIMBURSED CARE FOR NATIVE VETERANS 9 SEC. 30644. 10 Section 405(c) of the Indian Health Care Improve- 11 ment Act (25 U.S.C. 1645(c)) is amended by inserting be- 12 fore the period at the end the following: ‘‘, regardless of 13 whether such services are provided directly by the Service, 14 an Indian tribe, or tribal organization, through contract 15 health services, or through a contract for travel described 16 in section 213(b)’’. 17 AMENDMENT TO THE INDIAN HEALTH CARE 18 IMPROVEMENT ACT 19 SEC. 30645. 20 Section 409 of the Indian Health Care Improvement 21 Act (25 U.S.C. 1647b) is amended by inserting ‘‘or the 22 Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 23 et seq.)’’ after ‘‘(25 U.S.C. 450 et seq.)’’. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00622 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 623 •HR 6800 IH DIVISION D—RETIREMENT 1 PROVISIONS 2 SEC. 40001. SHORT TITLE. 3 This division may be cited as the ‘‘Emergency Pen- 4 sion Plan Relief Act of 2020’’. 5 TITLE I—RELIEF FOR MULTIEM- 6 PLOYER PENSION PLANS 7 SEC. 40101. SPECIAL PARTITION RELIEF. 8 (a) APPROPRIATION.—Section 4005 of the Employee 9 Retirement Income Security Act of 1974 (29 U.S.C. 1305) 10 is amended by adding at the end the following: 11 ‘‘(i)(1) An eighth fund shall be established for parti- 12 tion assistance to multiemployer pension plans, as pro- 13 vided under section 4233A, and to pay for necessary ad- 14 ministrative and operating expenses relating to such as- 15 sistance. 16 ‘‘(2) There is appropriated from the general fund 17 such amounts as necessary for the costs of providing parti- 18 tion assistance under section 4233A and necessary admin- 19 istrative and operating expenses. The eighth fund estab- 20 lished under this subsection shall be credited with such 21 amounts from time to time as the Secretary of the Treas- 22 ury determines appropriate, from the general fund of the 23 Treasury, and such amounts shall remain available until 24 expended.’’. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00623 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 624 •HR 6800 IH (b) SPECIAL PARTITION AUTHORITY.—The Em- 1 ployee Retirement Income Security Act of 1974 (29 2 U.S.C. 1001 et seq.) is amended by inserting after section 3 4233 the following: 4 ‘‘SEC. 4233A. SPECIAL PARTITION RELIEF. 5 ‘‘(a) SPECIAL PARTITION AUTHORITY.— 6 ‘‘(1) IN GENERAL.—Upon the application of a 7 plan sponsor of an eligible multiemployer plan for 8 partition of the plan under this section, the corpora- 9 tion shall order a partition of the plan in accordance 10 with this section. 11 ‘‘(2) INAPPLICABILITY OF CERTAIN REPAYMENT 12 OBLIGATION.—A plan receiving partition assistance 13 pursuant to this section shall not be subject to re- 14 payment obligations under section 4261(b)(2). 15 ‘‘(b) ELIGIBLE PLANS.— 16 ‘‘(1) IN GENERAL.—For purposes of this sec- 17 tion, a multiemployer plan is an eligible multiem- 18 ployer plan if— 19 ‘‘(A) the plan is in critical and declining 20 status (within the meaning of section 21 305(b)(6)) in any plan year beginning in 2020 22 through 2024; 23 ‘‘(B) a suspension of benefits has been ap- 24 proved with respect to the plan under section 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00624 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 625 •HR 6800 IH 305(e)(9) as of the date of the enactment of 1 this section; 2 ‘‘(C) in any plan year beginning in 2020 3 through 2024, the plan is certified by the plan 4 actuary to be in critical status (within the 5 meaning of section 305(b)(2)), has a modified 6 funded percentage of less than 40 percent, and 7 has a ratio of active to inactive participants 8 which is less than 2 to 3; or 9 ‘‘(D) the plan is insolvent for purposes of 10 section 418E of the Internal Revenue Code of 11 1986 as of the date of enactment of this sec- 12 tion, if the plan became insolvent after Decem- 13 ber 16, 2014, and has not been terminated by 14 such date of enactment. 15 ‘‘(2) MODIFIED FUNDED PERCENTAGE.—For 16 purposes of paragraph (1)(C), the term ‘modified 17 funded percentage’ means the percentage equal to a 18 fraction the numerator of which is current value of 19 plan assets (as defined in section 3(26) of such Act) 20 and the denominator of which is current liabilities 21 (as defined in section 431(c)(6)(D) of such Code and 22 section 304(c)(6)(D) of such Act). 23 ‘‘(c) APPLICATIONS FOR SPECIAL PARTITION.— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00625 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 626 •HR 6800 IH ‘‘(1) GUIDANCE.—The corporation shall issue 1 guidance setting forth requirements for special parti- 2 tion applications under this section not later than 3 120 days after the date of the enactment of this sec- 4 tion. In such guidance, the corporation shall— 5 ‘‘(A) limit the materials required for a spe- 6 cial partition application to the minimum nec- 7 essary to make a determination on the applica- 8 tion; and 9 ‘‘(B) provide for an alternate application 10 for special partition under this section, which 11 may be used by a plan that has been approved 12 for a partition under section 4233 before the 13 date of enactment of this section. 14 ‘‘(2) TEMPORARY PRIORITY CONSIDERATION OF 15 APPLICATIONS.— 16 ‘‘(A) IN GENERAL.—The corporation may 17 specify in guidance under paragraph (1) that, 18 during the first 2 years following the date of 19 enactment of this section, special partition ap- 20 plications will be provided priority consider- 21 ation, if— 22 ‘‘(i) the plan is likely to become insol- 23 vent within 5 years of the date of enact- 24 ment of this section; 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00626 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 627 •HR 6800 IH ‘‘(ii) the corporation projects a plan to 1 have a present value of financial assistance 2 payments under section 4261 that exceeds 3 $1,000,000,000 if the special partition is 4 not ordered; 5 ‘‘(iii) the plan has implemented ben- 6 efit suspensions under section 305(e)(9) as 7 of the date of the enactment of this sec- 8 tion; or 9 ‘‘(iv) the corporation determines it ap- 10 propriate based on other circumstances. 11 ‘‘(B) NO EFFECT ON AMOUNT OF ASSIST- 12 ANCE.—A plan that is approved for special par- 13 tition assistance under this section shall not re- 14 ceive reduced special partition assistance on ac- 15 count of not receiving priority consideration 16 under subparagraph (A). 17 ‘‘(3) ACTUARIAL ASSUMPTIONS AND OTHER IN- 18 FORMATION.—The corporation shall accept assump- 19 tions incorporated in a multiemployer plan’s deter- 20 mination that it is in critical status or critical and 21 declining status (within the meaning of section 22 305(b)), or that the plan’s modified funded percent- 23 age is less than 40 percent, unless such assumptions 24 are clearly erroneous. The corporation may require 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00627 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 628 •HR 6800 IH such other information as the corporation deter- 1 mines appropriate for making a determination of eli- 2 gibility and the amount of special partition assist- 3 ance necessary under this section. 4 ‘‘(4) APPLICATION DEADLINE.—Any application 5 by a plan for special partition assistance under this 6 section shall be submitted no later than December 7 31, 2026, and any revised application for special 8 partition assistance shall be submitted no later than 9 December 31, 2027. 10 ‘‘(5) NOTICE OF APPLICATION.—Not later than 11 120 days after the date of enactment of this section, 12 the corporation shall issue guidance requiring multi- 13 employer plans to notify participants and bene- 14 ficiaries that the plan has applied for partition 15 under this section, after the corporation has deter- 16 mined that the application is complete. Such notice 17 shall reference the special partition relief internet 18 website described in subsection (p). 19 ‘‘(d) DETERMINATIONS ON APPLICATIONS.—A plan’s 20 application for special partition under this section that is 21 timely filed in accordance with guidance issued under sub- 22 section (c)(1) shall be deemed approved and the corpora- 23 tion shall issue a special partition order unless the cor- 24 poration notifies the plan within 120 days of the filing 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00628 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 629 •HR 6800 IH of the application that the application is incomplete or the 1 plan is not eligible under this section. Such notice shall 2 specify the reasons the plan is ineligible for a special parti- 3 tion or information needed to complete the application. If 4 a plan is denied partition under this subsection, the plan 5 may submit a revised application under this section. Any 6 revised application for special partition submitted by a 7 plan shall be deemed approved unless the corporation noti- 8 fies the plan within 120 days of the filing of the revised 9 application that the application is incomplete or the plan 10 is not eligible under this section. A special partition order 11 issued by the corporation shall be effective no later than 12 120 days after a plan’s special partition application is ap- 13 proved by the corporation or deemed approved. 14 ‘‘(e) AMOUNT AND MANNER OF SPECIAL PARTITION 15 ASSISTANCE.— 16 ‘‘(1) IN GENERAL.—The liabilities of an eligible 17 multiemployer plan that the corporation assumes 18 pursuant to a special partition order under this sec- 19 tion shall be the amount necessary for the plan to 20 meet its funding goals described in subsection (g). 21 ‘‘(2) NO CAP.—Liabilities assumed by the cor- 22 poration pursuant to a special partition order under 23 this section shall not be capped by the guarantee 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00629 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 630 •HR 6800 IH under section 4022A. The corporation shall have dis- 1 cretion on how liabilities of the plan are partitioned. 2 ‘‘(f) SUCCESSOR PLAN.— 3 ‘‘(1) IN GENERAL.—The plan created by a spe- 4 cial partition order under this section is a successor 5 plan to which section 4022A applies. 6 ‘‘(2) PLAN SPONSOR AND ADMINISTRATOR.— 7 The plan sponsor of an eligible multiemployer plan 8 prior to the special partition and the administrator 9 of such plan shall be the plan sponsor and the ad- 10 ministrator, respectively, of the plan created by the 11 partition. 12 ‘‘(g) FUNDING GOALS.— 13 ‘‘(1) IN GENERAL.—The funding goals of a 14 multiemployer plan eligible for partition under this 15 section are both of the following: 16 ‘‘(A) The plan will remain solvent over 30 17 years with no reduction in a participant’s or 18 beneficiary’s accrued benefit (except to the ex- 19 tent of a reduction in accordance with section 20 305(e)(8) adopted prior to the plan’s applica- 21 tion for partition under this section). 22 ‘‘(B) The funded percentage of the plan 23 (disregarding partitioned benefits) at the end of 24 the 30-year period is projected to be 80 percent. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00630 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 631 •HR 6800 IH ‘‘(2) BASIS.—The funding projections under 1 paragraph (1) shall be performed on a deterministic 2 basis. 3 ‘‘(h) RESTORATION OF BENEFIT SUSPENSIONS.—An 4 eligible multiemployer plan that is partitioned under this 5 section shall— 6 ‘‘(1) reinstate any benefits that were suspended 7 under section 305(e)(9) or section 4245(a), effective 8 as of the first month the special partition order is 9 effective, for participants or beneficiaries as of the 10 effective date of the partition; and 11 ‘‘(2) provide payments equal to the amount of 12 benefits previously suspended to any participants or 13 beneficiaries in pay status as of the effective date of 14 the special partition, payable in the form of a lump 15 sum within 3 months of such effective date or in 16 equal monthly installments over a period of 5 years, 17 with no adjustment for interest. 18 ‘‘(i) ADJUSTMENT OF SPECIAL PARTITION ASSIST- 19 ANCE.— 20 ‘‘(1) IN GENERAL.—Every 5 years, the corpora- 21 tion shall adjust the special partition assistance de- 22 scribed in subsection (e) as necessary for the eligible 23 multiemployer plan to satisfy the funding goals de- 24 scribed in subsection (g). If the 30 year period de- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00631 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 632 •HR 6800 IH scribed in subsection (g) has lapsed, in applying this 1 paragraph, 5 years shall be substituted for 30 years. 2 ‘‘(2) SUBMISSION OF INFORMATION.—An eligi- 3 ble multiemployer plan that is the subject of a spe- 4 cial partition order under subsection (a) shall submit 5 such information as the corporation may require to 6 determine the amount of the adjustment under para- 7 graph (1). 8 ‘‘(3) CESSATION OF ADJUSTMENTS.—Adjust- 9 ments under this subsection with respect to special 10 partition assistance for an eligible multiemployer 11 plan shall cease and the corporation shall perma- 12 nently assume liability for payment of any benefits 13 transferred to the successor plan (subject to sub- 14 section (l)) beginning with the first plan year that 15 the funded percentage of the eligible multiemployer 16 plan (disregarding partitioned benefits) is at least 17 80 percent and the plan’s projected funded percent- 18 age for each of the next 10 years is at least 80 per- 19 cent. Any accumulated funding deficiency of the 20 plan (within the meaning of section 304(a)) shall be 21 reduced to zero as of the first day of the plan year 22 for which partition assistance is permanent under 23 this paragraph. 24 ‘‘(j) CONDITIONS ON PLANS DURING PARTITION.— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00632 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 633 •HR 6800 IH ‘‘(1) IN GENERAL.—The corporation may im- 1 pose, by regulation, reasonable conditions on an eli- 2 gible multiemployer plan that is partitioned under 3 section (a) relating to increases in future accrual 4 rates and any retroactive benefit improvements, allo- 5 cation of plan assets, reductions in employer con- 6 tribution rates, diversion of contributions to, and al- 7 location of, expenses to other retirement plans, and 8 withdrawal liability. 9 ‘‘(2) LIMITATIONS.—The corporation shall not 10 impose conditions on an eligible multiemployer plan 11 as a condition of or following receipt of such parti- 12 tion assistance under this section relating to— 13 ‘‘(A) any reduction in plan benefits (in- 14 cluding benefits that may be adjusted pursuant 15 to section 305(e)(8)); 16 ‘‘(B) plan governance, including selection 17 of, removal of, and terms of contracts with, 18 trustees, actuaries, investment managers, and 19 other service providers; or 20 ‘‘(C) any funding rules relating to the plan 21 that is partitioned under this section. 22 ‘‘(3) CONDITION.—An eligible multiemployer 23 plan that is partitioned under subsection (a) shall 24 continue to pay all premiums due under section 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00633 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 634 •HR 6800 IH 4007 for participants and beneficiaries in the plan 1 created by a special partition order until the plan 2 year beginning after a cessation of adjustments ap- 3 plies under subsection (i). 4 ‘‘(k) WITHDRAWAL LIABILITY.—An employer’s with- 5 drawal liability for purposes of this title shall be calculated 6 taking into account any plan liabilities that are partitioned 7 under subsection (a) until the plan year beginning after 8 the expiration of 15 calendar years from the effective date 9 of the partition. 10 ‘‘(l) CESSATION OF PARTITION ASSISTANCE.—If a 11 plan that receives partition assistance under this section 12 becomes insolvent for purposes of section 418E of the In- 13 ternal Revenue Code of 1986, the plan shall no longer be 14 eligible for assistance under this section and shall be eligi- 15 ble for assistance under section 4261. 16 ‘‘(m) REPORTING.—An eligible multiemployer plan 17 that receives partition assistance under this section shall 18 file with the corporation a report, including the following 19 information, in such manner (which may include electronic 20 filing requirements) and at such time as the corporation 21 requires: 22 ‘‘(1) The funded percentage (as defined in sec- 23 tion 305(j)(2)) as of the first day of such plan year, 24 and the underlying actuarial value of assets and li- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00634 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 635 •HR 6800 IH abilities taken into account in determining such per- 1 centage. 2 ‘‘(2) The market value of the assets of the plan 3 (determined as provided in paragraph (1)) as of the 4 last day of the plan year preceding such plan year. 5 ‘‘(3) The total value of all contributions made 6 by employers and employees during the plan year 7 preceding such plan year. 8 ‘‘(4) The total value of all benefits paid during 9 the plan year preceding such plan year. 10 ‘‘(5) Cash flow projections for such plan year 11 and the 9 succeeding plan years, and the assump- 12 tions used in making such projections. 13 ‘‘(6) Funding standard account projections for 14 such plan year and the 9 succeeding plan years, and 15 the assumptions relied upon in making such projec- 16 tions. 17 ‘‘(7) The total value of all investment gains or 18 losses during the plan year preceding such plan year. 19 ‘‘(8) Any significant reduction in the number of 20 active participants during the plan year preceding 21 such plan year, and the reason for such reduction. 22 ‘‘(9) A list of employers that withdrew from the 23 plan in the plan year preceding such plan year, the 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00635 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 636 •HR 6800 IH payment schedule with respect to such withdrawal li- 1 ability, and the resulting reduction in contributions. 2 ‘‘(10) A list of employers that paid withdrawal 3 liability to the plan during the plan year preceding 4 such plan year and, for each employer, a total as- 5 sessment of the withdrawal liability paid, the annual 6 payment amount, and the number of years remain- 7 ing in the payment schedule with respect to such 8 withdrawal liability. 9 ‘‘(11) Any material changes to benefits, accrual 10 rates, or contribution rates during the plan year pre- 11 ceding such plan year, and whether such changes re- 12 late to the conditions of the partition assistance. 13 ‘‘(12) Details regarding any funding improve- 14 ment plan or rehabilitation plan and updates to such 15 plan. 16 ‘‘(13) The number of participants and bene- 17 ficiaries during the plan year preceding such plan 18 year who are active participants, the number of par- 19 ticipants and beneficiaries in pay status, and the 20 number of terminated vested participants and bene- 21 ficiaries. 22 ‘‘(14) The information contained on the most 23 recent annual funding notice submitted by the plan 24 under section 101(f). 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00636 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 637 •HR 6800 IH ‘‘(15) The information contained on the most 1 recent annual return under section 6058 of the In- 2 ternal Revenue Code of 1986 and actuarial report 3 under section 6059 of such Code of the plan. 4 ‘‘(16) Copies of the plan document and amend- 5 ments, other retirement benefit or ancillary benefit 6 plans relating to the plan and contribution obliga- 7 tions under such plans, a breakdown of administra- 8 tive expenses of the plan, participant census data 9 and distribution of benefits, the most recent actu- 10 arial valuation report as of the plan year, financial 11 reports, and copies of the portions of collective bar- 12 gaining agreements relating to plan contributions, 13 funding coverage, or benefits, and such other infor- 14 mation as the corporation may reasonably require. 15 Any information disclosed by a plan to the corporation 16 that could identify individual employers shall be confiden- 17 tial and not subject to publication or disclosure. 18 ‘‘(n) REPORT TO CONGRESS.— 19 ‘‘(1) IN GENERAL.—Not later than 1 year after 20 the date of enactment of this section and annually 21 thereafter, the board of directors of the corporation 22 shall submit to the Committee on Health, Edu- 23 cation, Labor, and Pensions and the Committee on 24 Finance of the Senate and the Committee on Edu- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00637 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 638 •HR 6800 IH cation and Labor and the Committee on Ways and 1 Means of the House of Representatives a detailed re- 2 port on the implementation and administration of 3 this section. Such report shall include— 4 ‘‘(A) information on the name and number 5 of multiemployer plans that have applied for 6 partition assistance under this section; 7 ‘‘(B) the name and number of such plans 8 that have been approved for partition assistance 9 under this section and the name and number of 10 the plans that have not been approved for spe- 11 cial partition assistance; 12 ‘‘(C) a detailed rationale for any decision 13 by the corporation to not approve an applica- 14 tion for special partition assistance; 15 ‘‘(D) the amount of special partition as- 16 sistance provided to eligible multiemployer 17 plans (including amounts provided on an indi- 18 vidual plan basis and in the aggregate); 19 ‘‘(E) the name and number of the multi- 20 employer plans that restored benefit suspen- 21 sions and provided lump sum or monthly in- 22 stallment payments to participants or bene- 23 ficiaries; 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00638 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 639 •HR 6800 IH ‘‘(F) the amount of benefits that were re- 1 stored and lump sum or monthly installment 2 payments that were paid (including amounts 3 provided on an individual plan basis and in the 4 aggregate); 5 ‘‘(G) the name and number of the plans 6 that received adjustments to partition assist- 7 ance under subsection (i); 8 ‘‘(H) a list of, and rationale for, each rea- 9 sonable condition imposed by the corporation on 10 plans approved for special partition assistance 11 under this section; 12 ‘‘(I) the contracts that have been awarded 13 by the corporation to implement or administer 14 this section; 15 ‘‘(J) the number, purpose, and dollar 16 amounts of the contracts that have been award- 17 ed to implement or administer the section; 18 ‘‘(K) a detailed summary of the reports re- 19 quired under subsection (m); and 20 ‘‘(L) a detailed summary of the feedback 21 received on the pension relief internet website 22 established under subsection (p). 23 ‘‘(2) PBGC CERTIFICATION.—The board of di- 24 rectors of the corporation shall include with the re- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00639 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 640 •HR 6800 IH port under paragraph (1) a certification and affir- 1 mation that the amount of special partition assist- 2 ance provided to each plan under this section is the 3 amount necessary to meet its funding goals under 4 subsection (g), including, if applicable, any adjust- 5 ment of special partition assistance as determined 6 under subsection (i). 7 ‘‘(3) CONFIDENTIALITY.—Congress may pub- 8 licize the reports received under paragraph (1) only 9 after redacting all sensitive or proprietary informa- 10 tion. 11 ‘‘(o) GAO REPORT.—Not later than 1 year after the 12 first partition application is approved by the corporation 13 under this section, and biennially thereafter, the Comp- 14 troller General of the United States shall submit to the 15 Committee on Health, Education, Labor, and Pensions 16 and the Committee on Finance of the Senate and the 17 Committee on Education and Labor and the Committee 18 on Ways and Means of the House of Representatives a 19 detailed report on the actions of the corporation to imple- 20 ment and administer this section, including an examina- 21 tion of the contracts awarded by such corporation to carry 22 out this section and an analysis of such corporation’s com- 23 pliance with subsections (e) and (g). 24 ‘‘(p) SPECIAL PARTITION RELIEF WEBSITE.— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00640 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 641 •HR 6800 IH ‘‘(1) ESTABLISHMENT.—Not later than 120 1 days after the date of enactment of this section, the 2 corporation shall establish and maintain a user- 3 friendly, public-facing internet website to foster 4 greater accountability and transparency in the im- 5 plementation and administration of this section. 6 ‘‘(2) PURPOSE.—The internet website estab- 7 lished and maintained under paragraph (1) shall be 8 a portal to key information relating to this section 9 for multiemployer plan administrators and trustees, 10 plan participants, beneficiaries, participating em- 11 ployers, other stakeholders, and the public. 12 ‘‘(3) CONTENT AND FUNCTION.—The internet 13 website established under paragraph (1) shall— 14 ‘‘(A) describe the nature and scope of the 15 special partition authority and assistance under 16 this section in a manner calculated to be under- 17 stood by the average plan participant; 18 ‘‘(B) include published guidance, regula- 19 tions, and all other relevant information on the 20 implementation and administration of this sec- 21 tion; 22 ‘‘(C) include, with respect to plan applica- 23 tions for special partition assistance— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00641 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 642 •HR 6800 IH ‘‘(i) a general description of the proc- 1 ess by which eligible plans can apply for 2 special partition assistance, information on 3 how and when the corporation will process 4 and consider plan applications; 5 ‘‘(ii) information on how the corpora- 6 tion will address any incomplete applica- 7 tions as specified in under this section; 8 ‘‘(iii) a list of the plans that have ap- 9 plied for special partition assistance and, 10 for each application, the date of submis- 11 sion of a completed application; 12 ‘‘(iv) the text of each plan’s completed 13 application for special partition assistance 14 with appropriate redactions of personal, 15 proprietary, or sensitive information; 16 ‘‘(v) the estimated date that a deci- 17 sion will be made by the corporation on 18 each application; 19 ‘‘(vi) the actual date when such deci- 20 sion is made; 21 ‘‘(vii) the corporation’s decision on 22 each application; and 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00642 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 643 •HR 6800 IH ‘‘(viii) as applicable, a detailed ration- 1 ale for any decision not to approve a plan’s 2 application for special partition assistance; 3 ‘‘(D) provide detailed information on each 4 contract solicited and awarded to implement or 5 administer this section; 6 ‘‘(E) include reports, audits, and other rel- 7 evant oversight and accountability information 8 on this section, including the annual reports 9 submitted by the board of directors of the cor- 10 poration to Congress required under subsection 11 (n), the Office of the Inspector General audits, 12 correspondence, and publications, and the Gov- 13 ernment Accountability Office reports under 14 subsection (o); 15 ‘‘(F) provide a clear means for multiem- 16 ployer plan administrators, plan participants, 17 beneficiaries, other stakeholders, and the public 18 to contact the corporation and provide feedback 19 on the implementation and administration of 20 this section; and 21 ‘‘(G) be regularly updated to carry out the 22 purposes of this subsection. 23 ‘‘(q) OFFICE OF INSPECTOR GENERAL.—There is au- 24 thorized to be appropriated to the corporation’s Office of 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00643 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 644 •HR 6800 IH Inspector General $24,000,000 for fiscal year 2020, which 1 shall remain available through September 30, 2028, for 2 salaries and expenses necessary for conducting investiga- 3 tions and audits of the implementation and administration 4 of this section. 5 ‘‘(r) APPLICATION OF EXCISE TAX.—During the pe- 6 riod that a plan is subject to a partition order under this 7 section and prior to a cessation of adjustments pursuant 8 to subsection (i)(3), the plan shall not be subject to section 9 4971 of the Internal Revenue Code of 1986.’’. 10 SEC. 40102. REPEAL OF BENEFIT SUSPENSIONS FOR MULTI- 11 EMPLOYER PLANS IN CRITICAL AND DECLIN- 12 ING STATUS. 13 (a) AMENDMENT TO INTERNAL REVENUE CODE OF 14 1986.—Paragraph (9) of section 432(e) of the Internal 15 Revenue Code of 1986 is repealed. 16 (b) AMENDMENT TO EMPLOYEE RETIREMENT IN- 17 COME SECURITY ACT OF 1974.—Paragraph (9) of section 18 305(e) of the Employee Retirement Income Security Act 19 of 1974 (29 U.S.C. 1085(e)) is repealed. 20 (c) EFFECTIVE DATE.—The repeals made by this 21 section shall not apply to plans that have been approved 22 for a suspension of benefit under section 432(e)(9)(G) of 23 the Internal Revenue Code of 1986 and section 24 305(e)(9)(G) of the Employee Retirement Income Security 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00644 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 645 •HR 6800 IH Act of 1974 (29 U.S.C. 1085(e)(9)(G)) before the date 1 of the enactment of this Act. 2 SEC. 40103. TEMPORARY DELAY OF DESIGNATION OF MUL- 3 TIEMPLOYER PLANS AS IN ENDANGERED, 4 CRITICAL, OR CRITICAL AND DECLINING STA- 5 TUS. 6 (a) IN GENERAL.—Notwithstanding the actuarial 7 certification under section 305(b)(3) of the Employee Re- 8 tirement Income Security Act of 1974 and section 9 432(b)(3) of the Internal Revenue Code of 1986, if a plan 10 sponsor of a multiemployer plan elects the application of 11 this section, then, for purposes of section 305 of such Act 12 and section 432 of such Code— 13 (1) the status of the plan for its first plan year 14 beginning during the period beginning on March 1, 15 2020, and ending on February 28, 2021, or the next 16 succeeding plan year (as designated by the plan 17 sponsor in such election), shall be the same as the 18 status of such plan under such sections for the plan 19 year preceding such designated plan year, and 20 (2) in the case of a plan which was in endan- 21 gered or critical status for the plan year preceding 22 the designated plan year described in paragraph (1), 23 the plan shall not be required to update its plan or 24 schedules under section 305(c)(6) of such Act and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00645 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 646 •HR 6800 IH section 432(c)(6) of such Code, or section 1 305(e)(3)(B) of such Act and section 432(e)(3)(B) 2 of such Code, whichever is applicable, until the plan 3 year following the designated plan year described in 4 paragraph (1). 5 If section 305 of the Employee Retirement Income Secu- 6 rity Act of 1974 and section 432 of the Internal Revenue 7 Code of 1986 did not apply to the plan year preceding 8 the designated plan year described in paragraph (1), the 9 plan actuary shall make a certification of the status of 10 the plan under section 305(b)(3) of such Act and section 11 432(b)(3) of such Code for the preceding plan year in the 12 same manner as if such sections had applied to such pre- 13 ceding plan year. 14 (b) EXCEPTION FOR PLANS BECOMING CRITICAL 15 DURING ELECTION.—If— 16 (1) an election was made under subsection (a) 17 with respect to a multiemployer plan, and 18 (2) such plan has, without regard to such elec- 19 tion, been certified by the plan actuary under section 20 305(b)(3) of the Employee Retirement Income Secu- 21 rity Act of 1974 and section 432(b)(3) of the Inter- 22 nal Revenue Code of 1986 to be in critical status for 23 the designated plan year described in subsection 24 (a)(1), then such plan shall be treated as a plan in 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00646 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 647 •HR 6800 IH critical status for such plan year for purposes of ap- 1 plying section 4971(g)(1)(A) of such Code, section 2 302(b)(3) of such Act (without regard to the second 3 sentence thereof), and section 412(b)(3) of such 4 Code (without regard to the second sentence there- 5 of). 6 (c) ELECTION AND NOTICE.— 7 (1) ELECTION.—An election under subsection 8 (a)— 9 (A) shall be made at such time and in such 10 manner as the Secretary of the Treasury or the 11 Secretary’s delegate may prescribe and, once 12 made, may be revoked only with the consent of 13 the Secretary, and 14 (B) if made— 15 (i) before the date the annual certifi- 16 cation is submitted to the Secretary or the 17 Secretary’s delegate under section 18 305(b)(3) of such Act and section 19 432(b)(3) of such Code, shall be included 20 with such annual certification, and 21 (ii) after such date, shall be submitted 22 to the Secretary or the Secretary’s delegate 23 not later than 30 days after the date of the 24 election. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00647 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 648 •HR 6800 IH (2) NOTICE TO PARTICIPANTS.— 1 (A) IN GENERAL.—Notwithstanding sec- 2 tion 305(b)(3)(D) of the Employee Retirement 3 Income Security Act of 1974 and section 4 432(b)(3)(D) of the Internal Revenue Code of 5 1986, if the plan is neither in endangered nor 6 critical status by reason of an election made 7 under subsection (a)— 8 (i) the plan sponsor of a multiem- 9 ployer plan shall not be required to provide 10 notice under such sections, and 11 (ii) the plan sponsor shall provide to 12 the participants and beneficiaries, the bar- 13 gaining parties, the Pension Benefit Guar- 14 anty Corporation, and the Secretary of 15 Labor a notice of the election under sub- 16 section (a) and such other information as 17 the Secretary of the Treasury (in consulta- 18 tion with the Secretary of Labor) may re- 19 quire— 20 (I) if the election is made before 21 the date the annual certification is 22 submitted to the Secretary or the Sec- 23 retary’s delegate under section 24 305(b)(3) of such Act and section 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00648 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 649 •HR 6800 IH 432(b)(3) of such Code, not later than 1 30 days after the date of the certifi- 2 cation, and 3 (II) if the election is made after 4 such date, not later than 30 days 5 after the date of the election. 6 (B) NOTICE OF ENDANGERED STATUS.— 7 Notwithstanding section 305(b)(3)(D) of such 8 Act and section 432(b)(3)(D) of such Code, if 9 the plan is certified to be in critical status for 10 any plan year but is in endangered status by 11 reason of an election made under subsection 12 (a), the notice provided under such sections 13 shall be the notice which would have been pro- 14 vided if the plan had been certified to be in en- 15 dangered status. 16 SEC. 40104. TEMPORARY EXTENSION OF THE FUNDING IM- 17 PROVEMENT AND REHABILITATION PERIODS 18 FOR MULTIEMPLOYER PENSION PLANS IN 19 CRITICAL AND ENDANGERED STATUS FOR 20 2020 OR 2021. 21 (a) IN GENERAL.—If the plan sponsor of a multiem- 22 ployer plan which is in endangered or critical status for 23 a plan year beginning in 2020 or 2021 (determined after 24 application of section 4) elects the application of this sec- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00649 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 650 •HR 6800 IH tion, then, for purposes of section 305 of the Employee 1 Retirement Income Security Act of 1974 and section 432 2 of the Internal Revenue Code of 1986— 3 (1) except as provided in paragraph (2), the 4 plan’s funding improvement period or rehabilitation 5 period, whichever is applicable, shall be 15 years 6 rather than 10 years, and 7 (2) in the case of a plan in seriously endan- 8 gered status, the plan’s funding improvement period 9 shall be 20 years rather than 15 years. 10 (b) DEFINITIONS AND SPECIAL RULES.—For pur- 11 poses of this section— 12 (1) ELECTION.—An election under this section 13 shall be made at such time, and in such manner and 14 form, as (in consultation with the Secretary of 15 Labor) the Secretary of the Treasury or the Sec- 16 retary’s delegate may prescribe. 17 (2) DEFINITIONS.—Any term which is used in 18 this section which is also used in section 305 of the 19 Employee Retirement Income Security Act of 1974 20 and section 432 of the Internal Revenue Code of 21 1986 shall have the same meaning as when used in 22 such sections. 23 (c) EFFECTIVE DATE.—This section shall apply to 24 plan years beginning after December 31, 2019. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00650 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 651 •HR 6800 IH SEC. 40105. ADJUSTMENTS TO FUNDING STANDARD AC- 1 COUNT RULES. 2 (a) ADJUSTMENTS.— 3 (1) AMENDMENT TO EMPLOYEE RETIREMENT 4 INCOME SECURITY ACT OF 1974.—Section 304(b)(8) 5 of the Employee Retirement Income Security Act of 6 1974 (29 U.S.C. 1084(b)) is amended by adding at 7 the end the following new subparagraph: 8 ‘‘(F) RELIEF FOR 2020 AND 2021.—A mul- 9 tiemployer plan with respect to which the sol- 10 vency test under subparagraph (C) is met as of 11 February 29, 2020, may elect to apply this 12 paragraph by substituting ‘February 29, 2020’ 13 for ‘August 31, 2008’ each place it appears in 14 subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II) 15 (without regard to whether such plan previously 16 elected the application of this paragraph). The 17 preceding sentence shall not apply to a plan 18 with respect to which a partition order is in ef- 19 fect under section 4233A.’’. 20 (2) AMENDMENT TO INTERNAL REVENUE CODE 21 OF 1986.—Section 431(b)(8) of the Internal Revenue 22 Code of 1986 is amended by adding at the end the 23 following new subparagraph: 24 ‘‘(F) RELIEF FOR 2020 AND 2021.—A mul- 25 tiemployer plan with respect to which the sol- 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00651 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 652 •HR 6800 IH vency test under subparagraph (C) is met as of 1 February 29, 2020, may elect to apply this 2 paragraph by substituting ‘February 29, 2020’ 3 for ‘August 31, 2008’ each place it appears in 4 subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II) 5 (without regard to whether such plan previously 6 elected the application of this paragraph). The 7 preceding sentence shall not apply to a plan 8 with respect to which a partition order is in ef- 9 fect under section 4233A of the Employee Re- 10 tirement Income Security Act of 1974.’’. 11 (b) EFFECTIVE DATES.— 12 (1) IN GENERAL.—The amendments made by 13 this section shall take effect as of the first day of 14 the first plan year ending on or after February 29, 15 2020, except that any election a plan makes pursu- 16 ant to this section that affects the plan’s funding 17 standard account for the first plan year beginning 18 after February 29, 2020, shall be disregarded for 19 purposes of applying the provisions of section 305 of 20 the Employee Retirement Income Security Act of 21 1974 and section 432 of the Internal Revenue Code 22 of 1986 to such plan year. 23 (2) RESTRICTIONS ON BENEFIT INCREASES.— 24 Notwithstanding paragraph (1), the restrictions on 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00652 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 653 •HR 6800 IH plan amendments increasing benefits in sections 1 304(b)(8)(D) of such Act and 431(b)(8)(D) of such 2 Code, as applied by the amendments made by this 3 section, shall take effect on the date of enactment of 4 this Act. 5 SEC. 40106. PBGC GUARANTEE FOR PARTICIPANTS IN MUL- 6 TIEMPLOYER PLANS. 7 Section 4022A(c)(1) of the Employee Retirement In- 8 come Security Act of 1974 (29 U.S.C. 1322a(c)(1)) is 9 amended by striking subparagraphs (A) and (B) and in- 10 serting the following: 11 ‘‘(A) 100 percent of the accrual rate up to 12 $15, plus 75 percent of the lesser of— 13 ‘‘(i) $70; or 14 ‘‘(ii) the accrual rate, if any, in excess 15 of $15; and 16 ‘‘(B) the number of the participant’s years 17 of credited service. 18 For each calendar year after the first full calendar 19 year following the date of the enactment of the 20 Emergency Pension Plan Relief Act of 2020, the ac- 21 crual rates in subparagraph (A) shall increase by the 22 national average wage index (as defined in section 23 209(k)(1) of the Social Security Act). For purposes 24 of this subsection, the rates applicable for deter- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00653 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 654 •HR 6800 IH mining the guaranteed benefits of the participants of 1 any plan shall be the rates in effect for the calendar 2 year in which the plan becomes insolvent under sec- 3 tion 4245 or the calendar year in which the plan is 4 terminated, if earlier.’’. 5 TITLE II—RELIEF FOR SINGLE 6 EMPLOYER PENSION PLANS 7 SEC. 40201. EXTENDED AMORTIZATION FOR SINGLE EM- 8 PLOYER PLANS. 9 (a) 15-YEAR AMORTIZATION UNDER THE INTERNAL 10 REVENUE CODE OF 1986.—Section 430(c) of the Internal 11 Revenue Code of 1986 is amended by adding at the end 12 the following new paragraph: 13 ‘‘(8) 15-YEAR AMORTIZATION.—With respect to 14 plan years beginning after December 31, 2019— 15 ‘‘(A) the shortfall amortization bases for 16 all plan years preceding the first plan year be- 17 ginning after December 31, 2019 (and all 18 shortfall amortization installments determined 19 with respect to such bases) shall be reduced to 20 zero, and 21 ‘‘(B) subparagraphs (A) and (B) of para- 22 graph (2) shall each be applied by substituting 23 ‘15-plan-year period’ for ‘7-plan-year period’.’’. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00654 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 655 •HR 6800 IH (b) 15-YEAR AMORTIZATION UNDER THE EMPLOYEE 1 RETIREMENT INCOME SECURITY ACT OF 1974.—Section 2 303(c) of the Employee Retirement Income Security Act 3 of 1974 (29 U.S.C. 1083(c)) is amended by adding at the 4 end the following new paragraph: 5 ‘‘(8) 15-YEAR AMORTIZATION.—With respect to 6 plan years beginning after December 31, 2019— 7 ‘‘(A) the shortfall amortization bases for 8 all plan years preceding the first plan year be- 9 ginning after December 31, 2019 (and all 10 shortfall amortization installments determined 11 with respect to such bases) shall be reduced to 12 zero, and 13 ‘‘(B) subparagraphs (A) and (B) of para- 14 graph (2) shall each be applied by substituting 15 ‘15-plan-year period’ for ‘7-plan-year period’.’’. 16 (c) EFFECTIVE DATE.—The amendments made by 17 this section shall apply to plan years beginning after De- 18 cember 31, 2019. 19 SEC. 40202. EXTENSION OF PENSION FUNDING STABILIZA- 20 TION PERCENTAGES FOR SINGLE EMPLOYER 21 PLANS. 22 (a) AMENDMENTS TO INTERNAL REVENUE CODE OF 23 1986.— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00655 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 656 •HR 6800 IH (1) IN GENERAL.—The table contained in sub- 1 clause (II) of section 430(h)(2)(C)(iv) of the Inter- 2 nal Revenue Code of 1986 is amended to read as fol- 3 lows: 4 ‘‘If the calendar year is: The applica- ble min- imum per- centage is: The applica- ble max- imum per- centage is: Any year in the period starting in 2012 and end- ing in 2019 ......................................................... 90% 110% Any year in the period starting in 2020 and end- ing in 2025 ......................................................... 95% 105% 2026 ........................................................................ 90% 110% 2027 ........................................................................ 85% 115% 2028 ........................................................................ 80% 120% 2029 ........................................................................ 75% 125% After 2029 .............................................................. 70% 130%.’’. (2) FLOOR ON 25-YEAR AVERAGES.—Subclause 5 (I) of section 430(h)(2)(C)(iv) of such Code is 6 amended by adding at the end the following: ‘‘Not- 7 withstanding anything in this subclause, if the aver- 8 age of the first, second, or third segment rate for 9 any 25-year period is less than 5 percent, such aver- 10 age shall be deemed to be 5 percent.’’. 11 (b) AMENDMENTS TO EMPLOYEE RETIREMENT IN- 12 COME SECURITY ACT OF 1974.— 13 (1) IN GENERAL.—The table contained in sub- 14 clause (II) of section 303(h)(2)(C)(iv) of the Em- 15 ployee Retirement Income Security Act of 1974 (29 16 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended to read as 17 follows: 18 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00656 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 657 •HR 6800 IH ‘‘If the calendar year is: The applica- ble min- imum per- centage is: The applica- ble max- imum per- centage is: Any year in the period starting in 2012 and end- ing in 2019 ......................................................... 90% 110% Any year in the period starting in 2020 and end- ing in 2025 ......................................................... 95% 105% 2026 ........................................................................ 90% 110% 2027 ........................................................................ 85% 115% 2028 ........................................................................ 80% 120% 2029 ........................................................................ 75% 125% After 2029 .............................................................. 70% 130%.’’. (2) CONFORMING AMENDMENTS.— 1 (A) IN GENERAL.—Section 101(f)(2)(D) of 2 such Act (29 U.S.C. 1021(f)(2)(D)) is amend- 3 ed— 4 (i) in clause (i) by striking ‘‘and the 5 Bipartisan Budget Act of 2015’’ both 6 places it appears and inserting ‘‘, the Bi- 7 partisan Budget Act of 2015, and the 8 Emergency Pension Plan Relief Act of 9 2020’’, and 10 (ii) in clause (ii) by striking ‘‘2023’’ 11 and inserting ‘‘2029’’. 12 (B) STATEMENTS.—The Secretary of 13 Labor shall modify the statements required 14 under subclauses (I) and (II) of section 15 101(f)(2)(D)(i) of such Act to conform to the 16 amendments made by this section. 17 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00657 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 658 •HR 6800 IH (3) FLOOR ON 25-YEAR AVERAGES.—Subclause 1 (I) of section 303(h)(2)(C)(iv) of such Act (29 2 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended by adding 3 at the end the following: ‘‘Notwithstanding anything 4 in this subclause, if the average of the first, second, 5 or third segment rate for any 25-year period is less 6 than 5 percent, such average shall be deemed to be 7 5 percent.’’. 8 (c) EFFECTIVE DATE.—The amendments made by 9 this section shall apply with respect to plan years begin- 10 ning after December 31, 2019. 11 TITLE III—OTHER RETIREMENT 12 RELATED PROVISIONS 13 SEC. 40301. WAIVER OF REQUIRED MINIMUM DISTRIBU- 14 TIONS FOR 2019. 15 (a) IN GENERAL.—Section 401(a)(9)(I)(i) of the In- 16 ternal Revenue Code of 1986 is amended by striking ‘‘cal- 17 endar year 2020’’ and inserting ‘‘calendar years 2019 and 18 2020’’. 19 (b) ELIGIBLE ROLLOVER DISTRIBUTIONS.—Section 20 402(c)(4) of such Code is amended by striking ‘‘2020’’ 21 each place it appears in the last sentence and inserting 22 ‘‘2019 or 2020’’. 23 (c) CONFORMING AMENDMENTS.—Section 24 401(a)(9)(I) of such Code is amended— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00658 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 659 •HR 6800 IH (1) by striking clause (ii) and redesignating 1 clause (iii) as clause (ii), and 2 (2) by striking ‘‘calendar year 2020’’ in clause 3 (ii)(II), as so redesignated, and inserting ‘‘calendar 4 years 2019 and 2020’’. 5 (d) EFFECTIVE DATE.—The amendments made by 6 this section shall take effect as if included in the enact- 7 ment of section 2203 of the Coronavirus Aid, Relief, and 8 Economic Security Act, except that subparagraph (c)(1) 9 thereof shall be applied by substituting ‘‘December 31, 10 2018’’ for ‘‘December 31, 2019’’. 11 SEC. 40302. WAIVER OF 60-DAY RULE IN CASE OF ROLL- 12 OVER OF OTHERWISE REQUIRED MINIMUM 13 DISTRIBUTIONS IN 2019 OR 2020. 14 (a) QUALIFIED TRUSTS.—402(c)(3) of the Internal 15 Revenue Code of 1986 is amended by adding at the end 16 the following new subparagraph: 17 ‘‘(D) EXCEPTION FOR ROLLOVER OF OTH- 18 ERWISE REQUIRED MINIMUM DISTRIBUTIONS IN 19 2019 OR 2020.—In the case of an eligible roll- 20 over distribution described in the second sen- 21 tence of paragraph (4), subparagraph (A) shall 22 not apply to any transfer of such distribution 23 made before December 1, 2020.’’. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00659 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 660 •HR 6800 IH (b) INDIVIDUAL RETIREMENT ACCOUNTS.—Section 1 408(d)(3) of such Code is amended by adding at the end 2 the following new subparagraph: 3 ‘‘(J) WAIVER OF 60-DAY RULE AND ONCE 4 PER-YEAR LIMITATION FOR CERTAIN 2019 AND 5 2020 ROLLOVERS.—In the case of a distribu- 6 tion during 2019 or 2020 to which, under sub- 7 paragraph (E), this paragraph would not have 8 applied had the minimum distribution require- 9 ments of section 401(a)(9) applied during such 10 years, the 60-day requirement under subpara- 11 graph (A) and the limitation under subpara- 12 graph (B) shall not apply to such distribution 13 to the extent the amount is paid into an indi- 14 vidual retirement account, individual retirement 15 annuity (other than an endowment contract), or 16 eligible retirement plan (as defined in subpara- 17 graph (A)) as otherwise required under such 18 subparagraph before December 1, 2020.’’. 19 (c) EFFECTIVE DATE.—The amendments made by 20 this section shall apply to taxable years beginning after 21 December 31, 2018. 22 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00660 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 661 •HR 6800 IH SEC. 40303. EMPLOYEE CERTIFICATION AS TO ELIGIBILITY 1 FOR INCREASED CARES ACT LOAN LIMITS 2 FROM EMPLOYER PLAN. 3 (a) IN GENERAL.—Section 2202(b) of the 4 Coronavirus Aid, Relief, and Economic Security Act is 5 amended by adding at the end the following new para- 6 graph: 7 ‘‘(4) EMPLOYEE CERTIFICATION.—The admin- 8 istrator of a qualified employer plan may rely on an 9 employee’s certification that the requirements of 10 subsection (a)(4)(A)(ii) are satisfied in determining 11 whether the employee is a qualified individual for 12 purposes of this subsection.’’. 13 (b) EFFECTIVE DATE.—The amendment made by 14 this section shall take effect as if included in the enact- 15 ment of section 2202(b) of the Coronavirus Aid, Relief, 16 and Economic Security Act. 17 SEC. 40304. EXCLUSION OF BENEFITS PROVIDED TO VOL- 18 UNTEER FIREFIGHTERS AND EMERGENCY 19 MEDICAL RESPONDERS MADE PERMANENT. 20 (a) IN GENERAL.—Section 139B of the Internal Rev- 21 enue Code of 1986 is amended by striking subsection (d). 22 (b) EFFECTIVE DATE.—The amendment made by 23 this section shall apply to taxable years beginning after 24 December 31, 2020. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00661 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 662 •HR 6800 IH SEC. 40305. APPLICATION OF SPECIAL RULES TO MONEY 1 PURCHASE PENSION PLANS. 2 Section 2202(a)(6)(B) of the Coronavirus Aid, Relief, 3 and Economic Security Act is amended by inserting ‘‘, 4 and, in the case of a money purchase pension plan, a 5 coronavirus-related distribution which is an in-service 6 withdrawal shall be treated as meeting the distribution 7 rules of section 401(a) of such Code’’ before the period. 8 SEC. 40306. GRANTS TO ASSIST LOW-INCOME WOMEN AND 9 SURVIVORS OF DOMESTIC VIOLENCE IN OB- 10 TAINING QUALIFIED DOMESTIC RELATIONS 11 ORDERS. 12 (a) AUTHORIZATION OF GRANT AWARDS.—The Sec- 13 retary of Labor, acting through the Director of the Wom- 14 en’s Bureau and in conjunction with the Assistant Sec- 15 retary of the Employee Benefits Security Administration, 16 shall award grants, on a competitive basis, to eligible enti- 17 ties to enable such entities to assist low-income women 18 and survivors of domestic violence in obtaining qualified 19 domestic relations orders and ensuring that those women 20 actually obtain the benefits to which they are entitled 21 through those orders. 22 (b) DEFINITION OF ELIGIBLE ENTITY.—In this sec- 23 tion, the term ‘‘eligible entity’’ means a community-based 24 organization with proven experience and expertise in serv- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00662 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 663 •HR 6800 IH ing women and the financial and retirement needs of 1 women. 2 (c) APPLICATION.—An eligible entity that desires to 3 receive a grant under this section shall submit an applica- 4 tion to the Secretary of Labor at such time, in such man- 5 ner, and accompanied by such information as the Sec- 6 retary of Labor may require. 7 (d) MINIMUM GRANT AMOUNT.—The Secretary of 8 Labor shall award grants under this section in amounts 9 of not less than $250,000. 10 (e) USE OF FUNDS.—An eligible entity that receives 11 a grant under this section shall use the grant funds to 12 develop programs to offer help to low-income women or 13 survivors of domestic violence who need assistance in pre- 14 paring, obtaining, and effectuating a qualified domestic re- 15 lations order. 16 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 17 authorized to be appropriated to carry out this section 18 $100,000,000 for fiscal year 2020 and each succeeding 19 fiscal year. 20 SEC. 40307. MODIFICATION OF SPECIAL RULES FOR MIN- 21 IMUM FUNDING STANDARDS FOR COMMU- 22 NITY NEWSPAPER PLANS. 23 (a) AMENDMENT TO INTERNAL REVENUE CODE OF 24 1986.—Subsection (m) of section 430 of the Internal Rev- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00663 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 664 •HR 6800 IH enue Code of 1986, as added by the Setting Every Com- 1 munity Up for Retirement Enhancement Act of 2019, is 2 amended to read as follows: 3 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER 4 PLANS.— 5 ‘‘(1) IN GENERAL.—An eligible newspaper plan 6 sponsor of a plan under which no participant has 7 had the participant’s accrued benefit increased 8 (whether because of service or compensation) after 9 April 2, 2019, may elect to have the alternative 10 standards described in paragraph (4) apply to such 11 plan. 12 ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 13 The term ‘eligible newspaper plan sponsor’ means 14 the plan sponsor of— 15 ‘‘(A) any community newspaper plan, or 16 ‘‘(B) any other plan sponsored, as of April 17 2, 2019, by a member of the same controlled 18 group of a plan sponsor of a community news- 19 paper plan if such member is in the trade or 20 business of publishing 1 or more newspapers. 21 ‘‘(3) ELECTION.—An election under paragraph 22 (1) shall be made at such time and in such manner 23 as prescribed by the Secretary. Such election, once 24 made with respect to a plan year, shall apply to all 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00664 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 665 •HR 6800 IH subsequent plan years unless revoked with the con- 1 sent of the Secretary. 2 ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND- 3 ARDS.—The alternative standards described in this 4 paragraph are the following: 5 ‘‘(A) INTEREST RATES.— 6 ‘‘(i) IN GENERAL.—Notwithstanding 7 subsection (h)(2)(C) and except as pro- 8 vided in clause (ii), the first, second, and 9 third segment rates in effect for any 10 month for purposes of this section shall be 11 8 percent. 12 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not- 13 withstanding subsection (h)(2), for pur- 14 poses of determining the funding target 15 and normal cost of a plan for any plan 16 year, the present value of any benefits ac- 17 crued or earned under the plan for a plan 18 year with respect to which an election 19 under paragraph (1) is in effect shall be 20 determined on the basis of the United 21 States Treasury obligation yield curve for 22 the day that is the valuation date of such 23 plan for such plan year. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00665 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 666 •HR 6800 IH ‘‘(iii) UNITED STATES TREASURY OB- 1 LIGATION YIELD CURVE.—For purposes of 2 this subsection, the term ‘United States 3 Treasury obligation yield curve’ means, 4 with respect to any day, a yield curve 5 which shall be prescribed by the Secretary 6 for such day on interest-bearing obligations 7 of the United States. 8 ‘‘(B) SHORTFALL AMORTIZATION BASE.— 9 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA- 10 TION BASES.—The shortfall amortization 11 bases determined under subsection (c)(3) 12 for all plan years preceding the first plan 13 year to which the election under paragraph 14 (1) applies (and all shortfall amortization 15 installments determined with respect to 16 such bases) shall be reduced to zero under 17 rules similar to the rules of subsection 18 (c)(6). 19 ‘‘(ii) NEW SHORTFALL AMORTIZATION 20 BASE.—Notwithstanding subsection (c)(3), 21 the shortfall amortization base for the first 22 plan year to which the election under para- 23 graph (1) applies shall be the funding 24 shortfall of such plan for such plan year 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00666 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 667 •HR 6800 IH (determined using the interest rates as 1 modified under subparagraph (A)). 2 ‘‘(C) DETERMINATION OF SHORTFALL AM- 3 ORTIZATION INSTALLMENTS.— 4 ‘‘(i) 30-YEAR PERIOD.—Subpara- 5 graphs (A) and (B) of subsection (c)(2) 6 shall be applied by substituting ‘30-plan- 7 year’ for ‘7-plan-year’ each place it ap- 8 pears. 9 ‘‘(ii) NO SPECIAL ELECTION.—The 10 election under subparagraph (D) of sub- 11 section (c)(2) shall not apply to any plan 12 year to which the election under paragraph 13 (1) applies. 14 ‘‘(D) EXEMPTION FROM AT-RISK TREAT- 15 MENT.—Subsection (i) shall not apply. 16 ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur- 17 poses of this subsection— 18 ‘‘(A) IN GENERAL.—The term ‘community 19 newspaper plan’ means any plan to which this 20 section applies maintained as of December 31, 21 2018, by an employer which— 22 ‘‘(i) maintains the plan on behalf of 23 participants and beneficiaries with respect 24 to employment in the trade or business of 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00667 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 668 •HR 6800 IH publishing 1 or more newspapers which 1 were published by the employer at any 2 time during the 11-year period ending on 3 the date of the enactment of this sub- 4 section, 5 ‘‘(ii)(I) is not a company the stock of 6 which is publicly traded (on a stock ex- 7 change or in an over-the-counter market), 8 and is not controlled, directly or indirectly, 9 by such a company, or 10 ‘‘(II) is controlled, directly or indi- 11 rectly, during the entire 30-year period 12 ending on the date of the enactment of this 13 subsection by individuals who are members 14 of the same family, and does not publish or 15 distribute a daily newspaper that is car- 16 rier-distributed in printed form in more 17 than 5 States, and 18 ‘‘(iii) is controlled, directly or indi- 19 rectly— 20 ‘‘(I) by 1 or more persons resid- 21 ing primarily in a State in which the 22 community newspaper has been pub- 23 lished on newsprint or carrier-distrib- 24 uted, 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00668 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 669 •HR 6800 IH ‘‘(II) during the entire 30-year 1 period ending on the date of the en- 2 actment of this subsection by individ- 3 uals who are members of the same 4 family, 5 ‘‘(III) by 1 or more trusts, the 6 sole trustees of which are persons de- 7 scribed in subclause (I) or (II), or 8 ‘‘(IV) by a combination of per- 9 sons described in subclause (I), (II), 10 or (III). 11 ‘‘(B) NEWSPAPER.—The term ‘newspaper’ 12 does not include any newspaper (determined 13 without regard to this subparagraph) to which 14 any of the following apply: 15 ‘‘(i) Is not in general circulation. 16 ‘‘(ii) Is published (on newsprint or 17 electronically) less frequently than 3 times 18 per week. 19 ‘‘(iii) Has not ever been regularly 20 published on newsprint. 21 ‘‘(iv) Does not have a bona fide list of 22 paid subscribers. 23 ‘‘(C) CONTROL.—A person shall be treated 24 as controlled by another person if such other 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00669 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 670 •HR 6800 IH person possesses, directly or indirectly, the 1 power to direct or cause the direction and man- 2 agement of such person (including the power to 3 elect a majority of the members of the board of 4 directors of such person) through the ownership 5 of voting securities. 6 ‘‘(6) CONTROLLED GROUP.—For purposes of 7 this subsection, the term ‘controlled group’ means all 8 persons treated as a single employer under sub- 9 section (b), (c), (m), or (o) of section 414 as of the 10 date of the enactment of this subsection.’’. 11 (b) AMENDMENT TO EMPLOYEE RETIREMENT IN- 12 COME SECURITY ACT OF 1974.—Subsection (m) of section 13 303 of the Employee Retirement Income Security Act of 14 1974 (29 U.S.C. 1083(m)), as added by the Setting Every 15 Community Up for Retirement Enhancement Act of 2019, 16 is amended to read as follows: 17 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER 18 PLANS.— 19 ‘‘(1) IN GENERAL.—An eligible newspaper plan 20 sponsor of a plan under which no participant has 21 had the participant’s accrued benefit increased 22 (whether because of service or compensation) after 23 April 2, 2019, may elect to have the alternative 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00670 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 671 •HR 6800 IH standards described in paragraph (4) apply to such 1 plan. 2 ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 3 The term ‘eligible newspaper plan sponsor’ means 4 the plan sponsor of— 5 ‘‘(A) any community newspaper plan, or 6 ‘‘(B) any other plan sponsored, as of April 7 2, 2019, by a member of the same controlled 8 group of a plan sponsor of a community news- 9 paper plan if such member is in the trade or 10 business of publishing 1 or more newspapers. 11 ‘‘(3) ELECTION.—An election under paragraph 12 (1) shall be made at such time and in such manner 13 as prescribed by the Secretary of the Treasury. Such 14 election, once made with respect to a plan year, shall 15 apply to all subsequent plan years unless revoked 16 with the consent of the Secretary of the Treasury. 17 ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND- 18 ARDS.—The alternative standards described in this 19 paragraph are the following: 20 ‘‘(A) INTEREST RATES.— 21 ‘‘(i) IN GENERAL.—Notwithstanding 22 subsection (h)(2)(C) and except as pro- 23 vided in clause (ii), the first, second, and 24 third segment rates in effect for any 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00671 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 672 •HR 6800 IH month for purposes of this section shall be 1 8 percent. 2 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not- 3 withstanding subsection (h)(2), for pur- 4 poses of determining the funding target 5 and normal cost of a plan for any plan 6 year, the present value of any benefits ac- 7 crued or earned under the plan for a plan 8 year with respect to which an election 9 under paragraph (1) is in effect shall be 10 determined on the basis of the United 11 States Treasury obligation yield curve for 12 the day that is the valuation date of such 13 plan for such plan year. 14 ‘‘(iii) UNITED STATES TREASURY OB- 15 LIGATION YIELD CURVE.—For purposes of 16 this subsection, the term ‘United States 17 Treasury obligation yield curve’ means, 18 with respect to any day, a yield curve 19 which shall be prescribed by the Secretary 20 of the Treasury for such day on interest- 21 bearing obligations of the United States. 22 ‘‘(B) SHORTFALL AMORTIZATION BASE.— 23 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA- 24 TION BASES.—The shortfall amortization 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00672 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 673 •HR 6800 IH bases determined under subsection (c)(3) 1 for all plan years preceding the first plan 2 year to which the election under paragraph 3 (1) applies (and all shortfall amortization 4 installments determined with respect to 5 such bases) shall be reduced to zero under 6 rules similar to the rules of subsection 7 (c)(6). 8 ‘‘(ii) NEW SHORTFALL AMORTIZATION 9 BASE.—Notwithstanding subsection (c)(3), 10 the shortfall amortization base for the first 11 plan year to which the election under para- 12 graph (1) applies shall be the funding 13 shortfall of such plan for such plan year 14 (determined using the interest rates as 15 modified under subparagraph (A)). 16 ‘‘(C) DETERMINATION OF SHORTFALL AM- 17 ORTIZATION INSTALLMENTS.— 18 ‘‘(i) 30-YEAR PERIOD.—Subpara- 19 graphs (A) and (B) of subsection (c)(2) 20 shall be applied by substituting ‘30-plan- 21 year’ for ‘7-plan-year’ each place it ap- 22 pears. 23 ‘‘(ii) NO SPECIAL ELECTION.—The 24 election under subparagraph (D) of sub- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00673 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 674 •HR 6800 IH section (c)(2) shall not apply to any plan 1 year to which the election under paragraph 2 (1) applies. 3 ‘‘(D) EXEMPTION FROM AT-RISK TREAT- 4 MENT.—Subsection (i) shall not apply. 5 ‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur- 6 poses of this subsection— 7 ‘‘(A) IN GENERAL.—The term ‘community 8 newspaper plan’ means a plan to which this sec- 9 tion applies maintained as of December 31, 10 2018, by an employer which— 11 ‘‘(i) maintains the plan on behalf of 12 participants and beneficiaries with respect 13 to employment in the trade or business of 14 publishing 1 or more newspapers which 15 were published by the employer at any 16 time during the 11-year period ending on 17 the date of the enactment of this sub- 18 section, 19 ‘‘(ii)(I) is not a company the stock of 20 which is publicly traded (on a stock ex- 21 change or in an over-the-counter market), 22 and is not controlled, directly or indirectly, 23 by such a company, or 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00674 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 675 •HR 6800 IH ‘‘(II) is controlled, directly, or indi- 1 rectly, during the entire 30-year period 2 ending on the date of the enactment of this 3 subsection by individuals who are members 4 of the same family, and does not publish or 5 distribute a daily newspaper that is car- 6 rier-distributed in printed form in more 7 than 5 States, and 8 ‘‘(iii) is controlled, directly, or indi- 9 rectly— 10 ‘‘(I) by 1 or more persons resid- 11 ing primarily in a State in which the 12 community newspaper has been pub- 13 lished on newsprint or carrier-distrib- 14 uted, 15 ‘‘(II) during the entire 30-year 16 period ending on the date of the en- 17 actment of this subsection by individ- 18 uals who are members of the same 19 family, 20 ‘‘(III) by 1 or more trusts, the 21 sole trustees of which are persons de- 22 scribed in subclause (I) or (II), or 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00675 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 676 •HR 6800 IH ‘‘(IV) by a combination of per- 1 sons described in subclause (I), (II), 2 or (III). 3 ‘‘(B) NEWSPAPER.—The term ‘newspaper’ 4 does not include any newspaper (determined 5 without regard to this subparagraph) to which 6 any of the following apply: 7 ‘‘(i) Is not in general circulation. 8 ‘‘(ii) Is published (on newsprint or 9 electronically) less frequently than 3 times 10 per week. 11 ‘‘(iii) Has not ever been regularly 12 published on newsprint. 13 ‘‘(iv) Does not have a bona fide list of 14 paid subscribers. 15 ‘‘(C) CONTROL.—A person shall be treated 16 as controlled by another person if such other 17 person possesses, directly or indirectly, the 18 power to direct or cause the direction and man- 19 agement of such person (including the power to 20 elect a majority of the members of the board of 21 directors of such person) through the ownership 22 of voting securities. 23 ‘‘(6) CONTROLLED GROUP.—For purposes of 24 this subsection, the term ‘controlled group’ means all 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00676 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 677 •HR 6800 IH persons treated as a single employer under sub- 1 section (b), (c), (m), or (o) of section 414 of the In- 2 ternal Revenue Code of 1986 as of the date of the 3 enactment of this subsection. 4 ‘‘(7) EFFECT ON PREMIUM RATE CALCULA- 5 TION.—Notwithstanding any other provision of law 6 or any regulation issued by the Pension Benefit 7 Guaranty Corporation, in the case of a plan for 8 which an election is made to apply the alternative 9 standards described in paragraph (3), the additional 10 premium under section 4006(a)(3)(E) shall be deter- 11 mined as if such election had not been made.’’. 12 (c) EFFECTIVE DATE.—The amendments made by 13 this section shall apply to plan years ending after Decem- 14 ber 31, 2017. 15 SEC. 40308. MINIMUM RATE OF INTEREST FOR CERTAIN DE- 16 TERMINATIONS RELATED TO LIFE INSUR- 17 ANCE CONTRACTS. 18 (a) MODIFICATION OF MINIMUM RATE FOR PUR- 19 POSES OF CASH VALUE ACCUMULATION TEST.— 20 (1) IN GENERAL.—Section 7702(b)(2)(A) of the 21 Internal Revenue Code of 1986 is amended by strik- 22 ing ‘‘an annual effective rate of 4 percent’’ and in- 23 serting ‘‘the applicable accumulation test minimum 24 rate’’. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00677 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 678 •HR 6800 IH (2) APPLICABLE ACCUMULATION TEST MIN- 1 IMUM RATE.—Section 7702(b) of such Code is 2 amended by adding at the end the following new 3 paragraph: 4 ‘‘(3) APPLICABLE ACCUMULATION TEST MIN- 5 IMUM RATE.—For purposes of paragraph (2)(A), the 6 term ‘applicable accumulation test minimum rate’ 7 means the lesser of— 8 ‘‘(A) an annual effective rate of 4 percent, 9 or 10 ‘‘(B) the insurance interest rate (as de- 11 fined in subsection (f)(11)) in effect at the time 12 the contract is issued.’’. 13 (b) MODIFICATION OF MINIMUM RATE FOR PUR- 14 POSES OF GUIDELINE PREMIUM REQUIREMENTS.— 15 (1) IN GENERAL.—Section 7702(c)(3)(B)(iii) of 16 such Code is amended by striking ‘‘an annual effec- 17 tive rate of 6 percent’’ and inserting ‘‘the applicable 18 guideline premium minimum rate’’. 19 (2) APPLICABLE GUIDELINE PREMIUM MIN- 20 IMUM RATE.—Section 7702(c)(3) of such Code is 21 amended by adding at the end the following new 22 subparagraph: 23 ‘‘(E) APPLICABLE GUIDELINE PREMIUM 24 MINIMUM RATE.—For purposes of subpara- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00678 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 679 •HR 6800 IH graph (B)(iii), the term ‘applicable guideline 1 premium minimum rate’ means the applicable 2 accumulation test minimum rate (as defined in 3 subsection (b)(3)) plus 2 percentage points.’’. 4 (c) APPLICATION OF MODIFIED MINIMUM RATES TO 5 DETERMINATION OF GUIDELINE LEVEL PREMIUM.—Sec- 6 tion 7702(c)(4) of such Code is amended— 7 (1) by striking ‘‘4 percent’’ and inserting ‘‘the 8 applicable accumulation test minimum rate’’, and 9 (2) by striking ‘‘6 percent’’ and inserting ‘‘the 10 applicable guideline premium minimum rate’’. 11 (d) INSURANCE INTEREST RATE.—Section 7702(f) 12 of such Code is amended by adding at the end the fol- 13 lowing new paragraph: 14 ‘‘(11) INSURANCE INTEREST RATE.—For pur- 15 poses of this section— 16 ‘‘(A) IN GENERAL.—The term ‘insurance 17 interest rate’ means, with respect to any con- 18 tract issued in any calendar year, the lesser 19 of— 20 ‘‘(i) the section 7702 valuation inter- 21 est rate for such calendar year (or, if such 22 calendar year is not an adjustment year, 23 the most recent adjustment year), or 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00679 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 680 •HR 6800 IH ‘‘(ii) the section 7702 applicable Fed- 1 eral interest rate for such calendar year 2 (or, if such calendar year is not an adjust- 3 ment year, the most recent adjustment 4 year). 5 ‘‘(B) SECTION 7702 VALUATION INTEREST 6 RATE.—The term ‘section 7702 valuation inter- 7 est rate’ means, with respect to any adjustment 8 year, the prescribed U.S. valuation interest rate 9 for life insurance with guaranteed durations of 10 more than 20 years (as defined in the National 11 Association of Insurance Commissioners’ Stand- 12 ard Valuation Law) as effective in the calendar 13 year immediately preceding such adjustment 14 year. 15 ‘‘(C) SECTION 7702 APPLICABLE FEDERAL 16 INTEREST RATE.—The term ‘section 7702 ap- 17 plicable Federal interest rate’ means, with re- 18 spect to any adjustment year, the average 19 (rounded to the nearest whole percentage point) 20 of the applicable Federal mid-term rates (as de- 21 fined in section 1274(d) but based on annual 22 compounding) effective as of the beginning of 23 each of the calendar months in the most recent 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00680 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 681 •HR 6800 IH 60-month period ending before the second cal- 1 endar year prior to such adjustment year. 2 ‘‘(D) ADJUSTMENT YEAR.—The term ‘ad- 3 justment year’ means the calendar year fol- 4 lowing any calendar year that includes the ef- 5 fective date of a change in the prescribed U.S. 6 valuation interest rate for life insurance with 7 guaranteed durations of more than 20 years (as 8 defined in the National Association of Insur- 9 ance Commissioners’ Standard Valuation Law). 10 ‘‘(E) TRANSITION RULE.—Notwith- 11 standing subparagraph (A), the insurance inter- 12 est rate shall be 2 percent in the case of any 13 contract which is issued during the period 14 that— 15 ‘‘(i) begins on January 1, 2021, and 16 ‘‘(i) ends immediately before the be- 17 ginning of the first adjustment year that 18 beings after December 31, 2021.’’. 19 (e) EFFECTIVE DATE.—The amendments made by 20 this section shall apply to contracts issued after December 21 31, 2020. 22 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00681 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 682 •HR 6800 IH DIVISION E—CONTINUED AS- 1 SISTANCE TO UNEMPLOYED 2 WORKERS 3 SEC. 50001. EXTENSION OF FEDERAL PANDEMIC UNEM- 4 PLOYMENT COMPENSATION. 5 (a) IN GENERAL.—Section 2104(e) of the CARES 6 Act (Public Law 116–136) is amended to read as follows: 7 ‘‘(e) APPLICABILITY.— 8 ‘‘(1) IN GENERAL.—An agreement entered into 9 under this section shall apply to weeks of unemploy- 10 ment— 11 ‘‘(A) beginning after the date on which 12 such agreement is entered into; and 13 ‘‘(B) ending on or before January 31, 14 2021. 15 ‘‘(2) TRANSITION RULE FOR INDIVIDUALS RE- 16 MAINING ENTITLED TO REGULAR COMPENSATION AS 17 OF JANUARY 31, 2021.—In the case of any individual 18 who, as of the date specified in paragraph (1)(B), 19 has not yet exhausted all rights to regular com- 20 pensation under the State law of a State with re- 21 spect to a benefit year that began before such date, 22 Federal Pandemic Unemployment Compensation 23 shall continue to be payable to such individual for 24 any week beginning on or after such date for which 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00682 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 683 •HR 6800 IH the individual is otherwise eligible for regular com- 1 pensation with respect to such benefit year. 2 ‘‘(3) TERMINATION.—Notwithstanding any 3 other provision of this subsection, no Federal Pan- 4 demic Unemployment Compensation shall be payable 5 for any week beginning after March 31, 2021.’’. 6 (b) LIMITATION ON APPLICATION OF TRANSITION 7 RULE.—Section 2104(g) of such Act is amended by in- 8 serting ‘‘(except for subsection (e)(2))’’ after ‘‘the pre- 9 ceding provisions of this section’’. 10 (c) DISREGARD OF FEDERAL PANDEMIC UNEMPLOY- 11 MENT COMPENSATION FOR CERTAIN PURPOSES.—Section 12 2104(h) of such Act is amended to read as follows: 13 ‘‘(h) DISREGARD OF FEDERAL PANDEMIC UNEM- 14 PLOYMENT COMPENSATION FOR PURPOSES OF ALL FED- 15 ERAL AND FEDERALLY ASSISTED PROGRAMS.—A Federal 16 Pandemic Unemployment Compensation payment shall 17 not be regarded as income and shall not be regarded as 18 a resource for the month of receipt and the following 9 19 months, for purposes of determining the eligibility of the 20 recipient (or the recipient’s spouse or family) for benefits 21 or assistance, or the amount or extent of benefits or assist- 22 ance, under any Federal program or under any State or 23 local program financed in whole or in part with Federal 24 funds.’’. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00683 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 684 •HR 6800 IH SEC. 50002. EXTENSION AND BENEFIT PHASEOUT RULE 1 FOR PANDEMIC UNEMPLOYMENT ASSIST- 2 ANCE. 3 Section 2102(c) of the CARES Act (Public Law 116– 4 136) is amended— 5 (1) in paragraph (1)— 6 (A) by striking ‘‘paragraph (2)’’ and in- 7 serting ‘‘paragraphs (2) and (3)’’; and 8 (B) in subparagraph (A)(ii), by striking 9 ‘‘December 31, 2020’’ and inserting ‘‘January 10 31, 2021’’; and 11 (2) by redesignating paragraph (3) as para- 12 graph (4); and 13 (3) by inserting after paragraph (2) the fol- 14 lowing: 15 ‘‘(3) TRANSITION RULE FOR INDIVIDUALS RE- 16 MAINING ENTITLED TO PANDEMIC UNEMPLOYMENT 17 ASSISTANCE AS OF JANUARY 31, 2021.— 18 ‘‘(A) IN GENERAL.—In the case of any in- 19 dividual who, as of the date specified in para- 20 graph (1)(A)(ii), is receiving Pandemic Unem- 21 ployment Assistance but has not yet exhausted 22 all rights to such assistance under this section, 23 Pandemic Unemployment Assistance shall con- 24 tinue to be payable to such individual for any 25 week beginning on or after such date for which 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00684 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 685 •HR 6800 IH the individual is otherwise eligible for Pandemic 1 Unemployment Assistance. 2 ‘‘(B) TERMINATION.—Notwithstanding 3 any other provision of this subsection, no Pan- 4 demic Unemployment Assistance shall be pay- 5 able for any week beginning after March 31, 6 2021.’’. 7 SEC. 50003. EXTENSION AND BENEFIT PHASEOUT RULE 8 FOR PANDEMIC EMERGENCY UNEMPLOY- 9 MENT COMPENSATION. 10 Section 2107(g) of the CARES Act (Public Law 116– 11 136) is amended to read as follows: 12 ‘‘(g) APPLICABILITY.— 13 ‘‘(1) IN GENERAL.—An agreement entered into 14 under this section shall apply to weeks of unemploy- 15 ment— 16 ‘‘(A) beginning after the date on which 17 such agreement is entered into; and 18 ‘‘(B) ending on or before January 31, 19 2021. 20 ‘‘(2) TRANSITION RULE FOR INDIVIDUALS RE- 21 MAINING ENTITLED TO PANDEMIC EMERGENCY UN- 22 EMPLOYMENT COMPENSATION AS OF JANUARY 31, 23 2021.—In the case of any individual who, as of the 24 date specified in paragraph (1)(A)(ii), is receiving 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00685 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 686 •HR 6800 IH Pandemic Emergency Unemployment Compensation 1 but has not yet exhausted all rights to such assist- 2 ance under this section, Pandemic Emergency Un- 3 employment Compensation shall continue to be pay- 4 able to such individual for any week beginning on or 5 after such date for which the individual is otherwise 6 eligible for Pandemic Emergency Unemployment 7 Compensation. 8 ‘‘(3) TERMINATION.—Notwithstanding any 9 other provision of this subsection, no Pandemic 10 Emergency Unemployment Compensation shall be 11 payable for any week beginning after March 31, 12 2021.’’. 13 SEC. 50004. EXTENSION OF FULL FEDERAL FUNDING OF 14 THE FIRST WEEK OF COMPENSABLE REG- 15 ULAR UNEMPLOYMENT FOR STATES WITH NO 16 WAITING WEEK. 17 Section 2105(e)(2) of the CARES Act (Public Law 18 116–136) is amended by striking ‘‘December 31, 2020’’ 19 and inserting ‘‘January 31, 2021’’. 20 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00686 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 687 •HR 6800 IH SEC. 50005. EXTENSION OF EMERGENCY RELIEF AND TECH- 1 NICAL CORRECTIONS FOR GOVERNMENTAL 2 ENTITIES AND NONPROFIT ORGANIZATIONS. 3 Section 903(i)(1) of the Social Security Act, as added 4 by section 2103 of the CARES Act (Public Law 116–136), 5 is amended— 6 (1) in subparagraph (A), by striking ‘‘during 7 the applicable period’’ and inserting ‘‘with respect to 8 the applicable period’’; 9 (2) in subparagraph (B), by striking ‘‘section 10 3309(a)(1)’’ and inserting ‘‘section 3309(a)’’; 11 (3) in subparagraph (C), by striking ‘‘shall be 12 used exclusively’’ and all that follows through the 13 end and inserting ‘‘shall be used exclusively to re- 14 duce the amounts required to be paid in lieu of con- 15 tributions into the State unemployment fund pursu- 16 ant to such section by governmental entities and 17 other organizations described in section 3309(a) of 18 such Code’’; and 19 (4) in subparagraph (D), by striking ‘‘Decem- 20 ber 31, 2020’’ and inserting ‘‘January 31, 2021’’. 21 SEC. 50006. REDUCTION OF STATE ADMINISTRATIVE BUR- 22 DEN IN DETERMINATION OF AMOUNT OF 23 PANDEMIC UNEMPLOYMENT ASSISTANCE. 24 Section 2102(d) of the CARES Act (Public Law 116– 25 136) is amended by adding at the end the following: 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00687 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 688 •HR 6800 IH ‘‘(4) STATE FLEXIBILITY IN ESTABLISHING IN- 1 COME.—In determining the income of an individual 2 for purposes of an application for assistance author- 3 ized under subsection (b), a State may rely on such 4 wage and self-employment data as the State may 5 elect, including any applicable data with respect to 6 an individual’s electronically mediated employment.’’. 7 SEC. 50007. EXTENSION OF TEMPORARY ASSISTANCE FOR 8 STATES WITH ADVANCES. 9 Section 1202(b)(10)(A) of the Social Security Act 10 (42 U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘De- 11 cember 31, 2020’’ and inserting ‘‘June 30, 2021’’. 12 SEC. 50008. EXTENSION OF FULL FEDERAL FUNDING OF EX- 13 TENDED UNEMPLOYMENT COMPENSATION. 14 Section 4105 of the Families First Coronavirus Re- 15 sponse Act (Public Law 116–127) is amended by striking 16 ‘‘December 31, 2020’’ each place it appears and inserting 17 ‘‘June 30, 2021’’. 18 SEC. 50009. EXTENSION OF TEMPORARY FINANCING OF 19 SHORT-TIME COMPENSATION PAYMENTS IN 20 STATES WITH PROGRAMS IN LAW. 21 Section 2108(b)(2) of the CARES Act (Public Law 22 116–136) is amended by striking ‘‘December 31, 2020’’ 23 and inserting ‘‘January 31, 2021’’. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00688 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 689 •HR 6800 IH SEC. 50010. EXTENSION OF TEMPORARY FINANCING OF 1 SHORT-TIME COMPENSATION AGREEMENTS. 2 Section 2109(d)(2) of the CARES Act (Public Law 3 116–136) is amended by striking ‘‘December 31, 2020’’ 4 and inserting ‘‘January 31, 2021’’. 5 SEC. 50011. GRACE PERIOD FOR FULL FINANCING OF 6 SHORT-TIME COMPENSATION PROGRAMS. 7 Section 2108(c) of the CARES Act (Public Law 116– 8 136) is amended by striking ‘‘shall be eligible’’ and all that 9 follows through the end and inserting the following: ‘‘ 10 ‘‘shall be eligible— 11 ‘‘(1) for payments under subsection (a) for 12 weeks of unemployment beginning after the effective 13 date of such enactment; and 14 ‘‘(2) for an additional payment equal to the 15 total amount of payments for which the State is eli- 16 gible pursuant to an agreement under section 2109 17 for weeks of unemployment before such effective 18 date.’’. 19 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00689 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 690 •HR 6800 IH DIVISION F—ASSISTANCE TO AGRICUL- 1 TURAL PRODUCERS AND OTHER MAT- 2 TERS RELATING TO AGRICULTURE 3 SEC. 60001. DEFINITIONS. 4 In this division: 5 (1) The term ‘‘COVID–19’’ means the disease 6 caused by SARS–CoV–2, or any viral strain mutat- 7 ing therefrom with pandemic potential. 8 (2) The term ‘‘Secretary’’ means the Secretary 9 of Agriculture. 10 TITLE I—LIVESTOCK 11 SEC. 60101. ESTABLISHMENT OF TRUST FOR BENEFIT OF 12 UNPAID CASH SELLERS OF LIVESTOCK. 13 The Packers and Stockyards Act, 1921, is amended 14 by inserting after section 317 (7 U.S.C. 217a) the fol- 15 lowing new section: 16 ‘‘SEC. 318. STATUTORY TRUST ESTABLISHED; DEALER. 17 ‘‘(a) ESTABLISHMENT.— 18 ‘‘(1) IN GENERAL.—All livestock purchased by 19 a dealer in cash sales and all inventories of, or re- 20 ceivables or proceeds from, such livestock shall be 21 held by such dealer in trust for the benefit of all un- 22 paid cash sellers of such livestock until full payment 23 has been received by such unpaid cash sellers. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00690 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 691 •HR 6800 IH ‘‘(2) EXEMPTION.—Any dealer whose average 1 annual purchases of livestock do not exceed 2 $100,000 shall be exempt from the provisions of this 3 section. 4 ‘‘(3) EFFECT OF DISHONORED INSTRU- 5 MENTS.—For purposes of determining full payment 6 under paragraph (1), a payment to an unpaid cash 7 seller shall not be considered to have been made if 8 the unpaid cash seller receives a payment instrument 9 that is dishonored. 10 ‘‘(b) PRESERVATION OF TRUST.—An unpaid cash 11 seller shall lose the benefit of a trust under subsection (a) 12 if the unpaid cash seller has not preserved the trust by 13 giving written notice to the dealer involved and filing such 14 notice with the Secretary— 15 ‘‘(1) within 30 days of the final date for mak- 16 ing a payment under section 409 in the event that 17 a payment instrument has not been received; or 18 ‘‘(2) within 15 business days after the date on 19 which the seller receives notice that the payment in- 20 strument promptly presented for payment has been 21 dishonored. 22 ‘‘(c) NOTICE TO LIEN HOLDERS.—When a dealer re- 23 ceives notice under subsection (b) of the unpaid cash sell- 24 er’s intent to preserve the benefits of the trust, the dealer 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00691 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 692 •HR 6800 IH shall, within 15 business days, give notice to all persons 1 who have recorded a security interest in, or lien on, the 2 livestock held in such trust. 3 ‘‘(d) CASH SALES DEFINED.—For the purpose of 4 this section, a cash sale means a sale in which the seller 5 does not expressly extend credit to the buyer. 6 ‘‘(e) PURCHASE OF LIVESTOCK SUBJECT TO 7 TRUST.— 8 ‘‘(1) IN GENERAL.—A person purchasing live- 9 stock subject to a dealer trust shall receive good title 10 to the livestock if the person receives the livestock— 11 ‘‘(A) in exchange for payment of new 12 value; and 13 ‘‘(B) in good faith without notice that the 14 transfer is a breach of trust. 15 ‘‘(2) DISHONORED PAYMENT INSTRUMENT.— 16 Payment shall not be considered to have been made 17 if a payment instrument given in exchange for the 18 livestock is dishonored. 19 ‘‘(3) TRANSFER IN SATISFACTION OF ANTE- 20 CEDENT DEBT.—A transfer of livestock subject to a 21 dealer trust is not for value if the transfer is in sat- 22 isfaction of an antecedent debt or to a secured party 23 pursuant to a security agreement. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00692 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 693 •HR 6800 IH ‘‘(f) ENFORCEMENT.—Whenever the Secretary has 1 reason to believe that a dealer subject to this section has 2 failed to perform the duties required by this section or 3 whenever the Secretary has reason to believe that it will 4 be in the best interest of unpaid cash sellers, the Secretary 5 shall do one or more of the following— 6 ‘‘(1) appoint an independent trustee to carry 7 out the duties required by this section, preserve 8 trust assets, and enforce the trust; 9 ‘‘(2) serve as independent trustee, preserve 10 trust assets, and enforce the trust; or 11 ‘‘(3) file suit in the United States district court 12 for the district in which the dealer resides to enjoin 13 the dealer’s failure to perform the duties required by 14 this section, preserve trust assets, and to enforce the 15 trust. Attorneys employed by the Secretary may, 16 with the approval of the Attorney General, represent 17 the Secretary in any such suit. Nothing herein shall 18 preclude unpaid sellers from filing suit to preserve 19 or enforce the trust.’’. 20 SEC. 60102. EMERGENCY ASSISTANCE FOR MARKET-READY 21 LIVESTOCK AND POULTRY LOSSES. 22 (a) IN GENERAL.—The Secretary shall make pay- 23 ments to covered producers to offset losses related to the 24 intentional depopulation of market-ready livestock and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00693 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 694 •HR 6800 IH poultry due to insufficient regional processing access re- 1 lated to the COVID–19 public health emergency, as deter- 2 mined by the Secretary. 3 (b) PAYMENT RATE FOR COVERED PRODUCERS.— 4 (1) PAYMENTS FOR FIRST 30-DAY PERIOD.— 5 For a period of 30 days beginning, with respect to 6 a covered producer, on the initial date of depopula- 7 tion described in subsection (a) of the market-ready 8 livestock or poultry of the covered producer, the Sec- 9 retary shall reimburse such covered producer for 85 10 percent of the value of losses as determined under 11 subsection (c). 12 (2) SUBSEQUENT 30-DAY PERIODS.—For each 13 30-day period subsequent to the 30-day period de- 14 scribed in paragraph (1), the Secretary shall reduce 15 the value of the losses as determined under sub- 16 section (c) with respect to a covered producer by 10 17 percent. 18 (c) VALUATION.—In calculating the amount of losses 19 for purposes of the payment rates under subsection (b), 20 the Secretary shall use the average fair market value, as 21 determined by the Secretary in collaboration with the 22 Chief Economist of the Department of Agriculture and the 23 Administrator of the Agricultural Marketing Service, for 24 market-ready livestock, where applicable, and market- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00694 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 695 •HR 6800 IH ready poultry, where applicable, during the period begin- 1 ning March 1, 2020, and ending on the date of the enact- 2 ment of this section. In no case shall a payment made 3 under subsection (b) exceed the average market value of 4 market-ready livestock or poultry on the date of depopula- 5 tion. 6 (d) PACKER-OWNED ANIMALS EXCLUDED.—The Sec- 7 retary may not make payments under this section for the 8 losses of packer-owned animals. 9 (e) DEFINITIONS.—In this section: 10 (1) COVERED PRODUCER.—The term ‘‘covered 11 producer’’ means a person or legal entity that as- 12 sumes the production and market risks associated 13 with the agricultural production of livestock and 14 poultry (as such terms are defined in section 2(a) of 15 the Packers and Stockyards Act, 1921 (7 U.S.C. 16 183(a)). 17 (2) PACKER.—The term ‘‘packer’’ has the 18 meaning given the term in section 201 of the Pack- 19 ers and Stockyards Act, 1921 (7 U.S.C. 191). 20 (3) SECRETARY.—The term ‘‘Secretary’’ means 21 the Secretary of Agriculture. 22 (f) FUNDING.—There is appropriated, out of any 23 funds in the Treasury not otherwise appropriated, such 24 sums as may be necessary to carry out this section. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00695 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 696 •HR 6800 IH SEC. 60103. ANIMAL DISEASE PREVENTION AND MANAGE- 1 MENT RESPONSE. 2 Out of any amounts in the Treasury not otherwise 3 appropriated, there is appropriated to carry out section 4 10409A of the Animal Health Protection Act (7 U.S.C. 5 8308A) $300,000,000, to remain available until expended. 6 TITLE II—DAIRY 7 SEC. 60201. DAIRY DIRECT DONATION PROGRAM. 8 (a) DEFINITIONS.—In this section: 9 (1) ELIGIBLE DAIRY ORGANIZATION.—The term 10 ‘‘eligible dairy organization’’ is defined in section 11 1431(a) of the Agricultural Act of 2014 (7 U.S.C. 12 9071(a)). 13 (2) ELIGIBLE DISTRIBUTOR.—The term ‘‘eligi- 14 ble distributor’’ means a public or private nonprofit 15 organization that distributes donated eligible dairy 16 products to recipient individuals and families. 17 (3) ELIGIBLE DAIRY PRODUCTS.—The term 18 ‘‘eligible dairy products’’ means products primarily 19 made from milk produced and processed within a 20 Federal Milk Marketing Order. 21 (4) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi- 22 ble partnership’’ means a partnership between an el- 23 igible dairy organization and an eligible distributor. 24 (b) ESTABLISHMENT AND PURPOSES.—Not later 25 than 45 days after the enactment of this Act, the Sec- 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00696 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 697 •HR 6800 IH retary shall establish and administer a direct dairy dona- 1 tion program for the purposes of— 2 (1) facilitating the timely donation of eligible 3 dairy products and 4 (2) preventing and minimizing food waste. 5 (c) DONATION AND DISTRIBUTION PLANS.— 6 (1) IN GENERAL.—To be eligible to receive re- 7 imbursement under this section, an eligible partner- 8 ship shall submit to the Secretary a donation and 9 distribution plan that describes the process that the 10 eligible partnership will use for the donation, proc- 11 essing, transportation, temporary storage, and dis- 12 tribution of eligible dairy products. 13 (2) REVIEW AND APPROVAL.—No later than 15 14 business days after receiving a plan described in 15 paragraph (1), the Secretary shall— 16 (A) review such plan; and 17 (B) issue an approval or disapproval of 18 such plan. 19 (d) REIMBURSEMENT.— 20 (1) IN GENERAL.—On receipt of appropriate 21 documentation under paragraph (2), the Secretary 22 shall reimburse an eligible dairy organization at a 23 rate equal to the current Class I milk price multi- 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00697 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 698 •HR 6800 IH plied by the volume of milk required to make the do- 1 nated product. 2 (2) SPECIAL CASE.—In the case of donated 3 Class I products, the Secretary shall reimburse an 4 eligible dairy organization at a rate equal to the cur- 5 rent Class I milk price plus 5 percent multiplied by 6 the volume of milk required to make the donated 7 Class I product. 8 (3) DOCUMENTATION.— 9 (A) IN GENERAL.—An eligible dairy orga- 10 nization shall submit to the Secretary such doc- 11 umentation as the Secretary may require to 12 demonstrate the eligible dairy product produc- 13 tion and donation to the eligible distributor. 14 (B) VERIFICATION.—The Secretary may 15 verify the accuracy of documentation submitted. 16 (3) RETROACTIVE REIMBURSEMENT.—In pro- 17 viding reimbursements under paragraph (1), the 18 Secretary may provide reimbursements for milk 19 costs incurred before the date on which the donation 20 and distribution plan for the applicable participating 21 partnership was approved by the Secretary. 22 (e) PROHIBITION ON RESALE OF PRODUCTS.— 23 (1) IN GENERAL.—An eligible distributor that 24 receives eligible dairy products donated under this 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00698 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 699 •HR 6800 IH section may not sell the products into commercial 1 markets. 2 (2) PROHIBITION ON FUTURE PARTICIPA- 3 TION.—An eligible distributor that the Secretary de- 4 termines has violated paragraph (1) shall not be eli- 5 gible for any future participation in the program es- 6 tablished under this section. 7 (f) REVIEWS.—The Secretary shall conduct appro- 8 priate reviews or audits to ensure the integrity of the pro- 9 gram established under this section. 10 (g) PUBLICATION OF DONATION ACTIVITY.—The 11 Secretary, acting through the Agricultural Marketing 12 Service, shall publish on the publicly accessible website of 13 such agency periodic reports containing donation activity 14 under this section. 15 (h) SUPPLEMENTAL REIMBURSEMENTS.— 16 (1) IN GENERAL.—The Secretary may make a 17 supplemental reimbursement to an eligible dairy or- 18 ganization for an approved donation and distribution 19 plan in accordance with the milk donation program 20 established under section 1431 of the Agricultural 21 Act of 2014 (7 U.S.C. 9071). 22 (2) REIMBURSEMENT CALCULATION.—A sup- 23 plemental reimbursement described in paragraph (1) 24 shall be equal to the value of— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00699 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 700 •HR 6800 IH (A) the sum of— 1 (i) the Class IV milk price for the ap- 2 plicable month, plus 3 (ii) 5 percent of the Class I price for 4 the applicable month, multiplied by 5 (B) the volume of eligible milk under such 6 approved donation plan. 7 (i) FUNDING.—Out of the amounts of the Treasury 8 not otherwise appropriated, the Secretary shall use to 9 carry out this section $500,000,000 to remain available 10 until expended. 11 SEC. 60202. SUPPLEMENTAL DAIRY MARGIN COVERAGE 12 PAYMENTS. 13 (a) IN GENERAL.—The Secretary shall provide sup- 14 plemental dairy margin coverage payments to eligible 15 dairy operations described in subsection (b)(1) whenever 16 the average actual dairy production margin (as defined in 17 section 1401 of the Agricultural Act of 2014 (7 U.S.C. 18 9051)) for a month is less than the coverage level thresh- 19 old selected by such eligible dairy operation under such 20 section 1406. 21 (b) ELIGIBLE DAIRY OPERATION DESCRIBED.— 22 (1) IN GENERAL.—An eligible dairy operation 23 described in this subsection is a dairy operation 24 that— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00700 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 701 •HR 6800 IH (A) is located in the United States; and 1 (B) during a calendar year in which such 2 dairy operation is a participating dairy oper- 3 ation (as defined in section 1401 of the Agricul- 4 tural Act of 2014 (7 U.S.C. 9051)), has a pro- 5 duction history established under the dairy 6 margin coverage program under section 1405 of 7 the Agricultural Act of 2014 (7 U.S.C. 9055) 8 of less than 5 million pounds, as determined in 9 accordance with subsection (c) of such section 10 1405. 11 (2) LIMITATION ON ELIGIBILITY.—An eligible 12 dairy operation shall only be eligible for payments 13 under this section during a calendar year in which 14 such eligible dairy operation is enrolled in the dairy 15 margin coverage (as defined in section 1401 of the 16 Agricultural Act of 2014 (7 U.S.C. 9051)). 17 (c) SUPPLEMENTAL PRODUCTION HISTORY CAL- 18 CULATION.—For purposes of determining the production 19 history of an eligible dairy operation under this section, 20 such dairy operation’s production history shall be equal 21 to— 22 (1) the production volume of such dairy oper- 23 ation for the 2019 milk marketing year; minus 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00701 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 702 •HR 6800 IH (2) the dairy margin coverage production his- 1 tory of such dairy operation established under sec- 2 tion 1405 of the Agricultural Act of 2014 (7 U.S.C. 3 9055). 4 (d) COVERAGE PERCENTAGE.— 5 (1) IN GENERAL.—For purposes of calculating 6 payments to be issued under this section during a 7 calendar year, an eligible dairy operation’s coverage 8 percentage shall be equal to the coverage percentage 9 selected by such eligible dairy operation with respect 10 to such calendar year under section 1406 of the Ag- 11 ricultural Act of 2014 (7 U.S.C. 9056). 12 (2) 5-MILLION POUND LIMITATION.— 13 (A) IN GENERAL.—The Secretary shall not 14 provide supplemental dairy margin coverage on 15 an eligible dairy operation’s actual production 16 for a calendar year such that the total covered 17 production history of such dairy operation ex- 18 ceeds 5 million pounds. 19 (B) DETERMINATION OF AMOUNT.—In cal- 20 culating the total covered production history of 21 an eligible dairy operation under subparagraph 22 (A), the Secretary shall multiply the coverage 23 percentage selected by such operation under 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00702 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 703 •HR 6800 IH section 1406 of the Agricultural Act of 2014 (7 1 U.S.C. 9056) by the sum of— 2 (i) the supplemental production his- 3 tory calculated under subsection (c) with 4 respect to such dairy operation; and 5 (ii) the dairy margin coverage produc- 6 tion history described in subsection (c)(2) 7 with respect to such dairy operation. 8 (e) PREMIUM COST.—The premium cost for an eligi- 9 ble dairy operation under this section for a calendar year 10 shall be equal to the product of multiplying— 11 (1) the Tier I premium cost calculated with re- 12 spect to such dairy operation for such year under 13 section 1407(b) of the Agricultural Act of 2014 (7 14 12 U.S.C. 9057(b)); by 15 (2) the production history calculation with re- 16 spect to such dairy operation determined under sub- 17 section (c) (such that total covered production his- 18 tory does not exceed 5 million pounds). 19 (f) REGULATIONS.—Not later than 45 days after the 20 date of the enactment of this section, the Secretary shall 21 issue regulations to carry out this section. 22 (g) PROHIBITION WITH RESPECT TO DAIRY MARGIN 23 COVERAGE ENROLLMENT.—The Secretary may not re- 24 open or otherwise provide a special enrollment for dairy 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00703 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 704 •HR 6800 IH margin coverage (as defined in section 1401 of the Agri- 1 cultural Act of 2014 (7 U.S.C. 9051)) for purposes of es- 2 tablishing eligibility for supplemental dairy margin cov- 3 erage payments under this section. 4 (h) RETROACTIVE APPLICATION FOR CALENDAR 5 YEAR 2020.—The Secretary shall make payments under 6 this section to eligible dairy operations described in sub- 7 section (b)(1) for months after and including January, 8 2020. 9 (i) SUNSET.—The authority to make payments under 10 this section shall terminate on December 31, 2023. 11 (j) FUNDING.—Out of any amounts in the Treasury 12 not otherwise appropriated, there are made available such 13 sums as may be necessary to carry out this program. 14 SEC. 60203. RECOURSE LOAN PROGRAM FOR COMMERCIAL 15 PROCESSORS OF DAIRY PRODUCTS. 16 (a) IN GENERAL.—The Secretary shall make re- 17 course loans available to qualified applicants during the 18 COVID–19 pandemic. 19 (b) AMOUNT OF LOAN.— 20 (1) IN GENERAL.—A recourse loan made under 21 this section shall be provided to qualified applicants 22 up to the value of the eligible dairy product inven- 23 tory of the applicant as determined by the Secretary 24 and consistent with subsection (c). 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00704 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 705 •HR 6800 IH (2) VALUATION.—For purposes of making re- 1 course loans under this section, the Secretary shall 2 conduct eligible dairy product valuations to provide, 3 to the maximum extent practicable, funds to con- 4 tinue the operations of qualified applicants. 5 (c) INVENTORY USED AS COLLATERAL.—Eligible 6 dairy product inventory used as collateral for the recourse 7 loan program under this section shall be pledged on a ro- 8 tating basis to prevent spoilage of perishable products. 9 (d) TERM OF LOAN.—A recourse loan under this sec- 10 tion may be made for a period as determined by the Sec- 11 retary, except that no such recourse loan may end after 12 the date that is 24 months after the date of the enactment 13 of this section. 14 (e) FUNDING AND AUTHORITIES.—Out of any 15 amounts in the Treasury not otherwise appropriated, there 16 is made available $500,000,000 to carry out this section. 17 (f) DEFINITIONS.—In this section: 18 (1) ELIGIBLE DAIRY PRODUCTS.—The term 19 ‘‘eligible dairy products’’ means all dairy products 20 whether in base commodity or finished product form. 21 (2) QUALIFIED APPLICANT.—The term ‘‘quali- 22 fied applicant’’ means any commercial processors, 23 packagers, merchants, marketers, wholesalers, and 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00705 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 706 •HR 6800 IH distributors of eligible dairy products impacted by 1 COVID–19. 2 SEC. 60204. DAIRY MARGIN COVERAGE PREMIUM DIS- 3 COUNT FOR 3-YEAR SIGNUP. 4 The Secretary shall provide a 15 percent discount for 5 the premiums described in subsections (b) and (c) of sec- 6 tion 1407 of the Agricultural Act of 2014 (7 U.S.C. 9051) 7 and the premium described in section 60202(e) for a dairy 8 operation (as defined in 1401 of such Act (7 U.S.C. 9 9051)) that makes a 1-time, three-year election to enroll 10 in dairy margin coverage under part I of subtitle D of 11 such Act for calendar years 2021 through 2023. 12 TITLE III—SPECIALTY CROPS AND OTHER 13 COMMODITIES 14 SEC. 60301. SUPPORT FOR SPECIALTY CROP SECTOR. 15 Section 101(l) of the Specialty Crops Competitiveness 16 Act of 2004 (7 U.S.C. 1621 note) is amended by adding 17 at the end the following: 18 ‘‘(3) COVID–19 OUTBREAK RELIEF.— 19 ‘‘(A) IN GENERAL.—The Secretary shall 20 make grants to States eligible to receive a grant 21 under this section to assist State efforts to sup- 22 port the specialty crop sector for impacts re- 23 lated to the COVID–19 public health emer- 24 gency. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00706 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 707 •HR 6800 IH ‘‘(B) FUNDING.—There is appropriated, 1 out of any funds in the Treasury not otherwise 2 appropriated, to carry out subparagraph (A) 3 not less than $100,000,000, to remain available 4 until expended.’’. 5 SEC. 60302. SUPPORT FOR LOCAL AGRICULTURAL MAR- 6 KETS. 7 Section 210A(i) of the Agricultural Marketing Act of 8 1946 (7 U.S.C. 1627c(d)) is amended by adding at the 9 end the following: 10 ‘‘(4) GRANTS FOR COVID–19 LOSSES.— 11 ‘‘(A) IN GENERAL.—In addition to grants 12 made under the preceding provisions of this 13 subsection, the Secretary shall make grants to 14 eligible entities specified in subsection (d)(6)(B) 15 to provide assistance in response to the 16 COVID–19 pandemic. 17 ‘‘(B) MATCHING FUNDS APPLICABILITY.— 18 The Secretary may not require a recipient of a 19 grant under subparagraph (A) to provide any 20 nonFederal matching funds. 21 ‘‘(F) FUNDING.—There is appropriated, 22 out of any funds in the Treasury not otherwise 23 appropriated, to carry out this paragraph, 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00707 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 708 •HR 6800 IH $50,000,000, to remain available until ex- 1 pended.’’. 2 SEC. 60303. SUPPORT FOR FARMING OPPORTUNITIES 3 TRAINING AND OUTREACH. 4 Section 2501 of the Food, Agriculture, Conservation, 5 and Trade Act of 1990 (7 U.S.C. 2279) is amended by 6 adding at the end the following: 7 ‘‘(m) ADDITIONAL FUNDING.— 8 ‘‘(1) IN GENERAL.—The Secretary shall make 9 grants to, or enter into cooperative agreements or 10 contracts with, eligible entities specified in sub- 11 section (c)(1) to provide training, outreach, and 12 technical assistance on operations, financing, and 13 marketing to beginning farmers and ranchers, so- 14 cially disadvantaged farmers and ranchers, and vet- 15 eran farmers and ranchers. 16 ‘‘(2) MATCHING FUNDS APPLICABILITY.—The 17 Secretary may not require a recipient of a grant 18 under this subsection to provide any nonFederal 19 matching funds. 20 ‘‘(3) FUNDING.—There is appropriated, out of 21 any funds in the Treasury not otherwise appro- 22 priated, to carry out this subsection, $50,000,000, to 23 remain available until expended.’’. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00708 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 709 •HR 6800 IH SEC. 60304. SUPPORT FOR FARM STRESS PROGRAMS. 1 (a) IN GENERAL.—The Secretary shall make grants 2 to State departments of agriculture (or such equivalent 3 department) to expand or sustain stress assistance pro- 4 grams for individuals who are engaged in farming, ranch- 5 ing, and other agriculture-related occupations, including— 6 (1) programs that meet the criteria specified in 7 section 7522(b)(1) of the Food, Conservation, and 8 Energy Act of 2008 (7 U.S.C. 5936(b)(1)); and 9 (2) any State initiatives carried out as of the 10 date of the enactment of this Act that provide stress 11 assistance for such individuals. 12 (b) GRANT TIMING AND AMOUNT.—In making grants 13 under subsection (a), not later than 60 days after the date 14 of the enactment of this Act and subject to subsection (c), 15 the Secretary shall— 16 (1) make awards to States submitting State 17 plans that meet the criteria specified in paragraph 18 (1)(A) of such subsection within the time period 19 specified by the Secretary, in an amount not to ex- 20 ceed, $500,000 for each State; and 21 (2) of the amounts made available under sub- 22 section (f), allocate among such States, an amount 23 to be determined by the Secretary. 24 (c) STATE PLAN.— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00709 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 710 •HR 6800 IH (1) IN GENERAL.—A State department of agri- 1 culture seeking a grant under subsection (b) shall 2 submit to the Secretary a State plan to initiate, ex- 3 pand, or sustain stress assistance programs de- 4 scribed in subsection (a) that includes— 5 (A) a description of each activity and the 6 estimated amount of funding to support each 7 program and activity carried out through such 8 a program; 9 (B) an estimated timeline for the operation 10 of each such program and activity; 11 (C) the total amount of funding sought; 12 and 13 (D) an assurance that the State depart- 14 ment of agriculture will comply with the report- 15 ing requirement under subsection (e). 16 (2) GUIDANCE.—Not later than 20 days after 17 the date of the enactment of this Act, the Secretary 18 shall issue guidance for States with respect to the 19 submission of a State plan under paragraph (1) and 20 the allocation criteria under subsection (b). 21 (3) REALLOCATION.—If, after the first grants 22 are awarded pursuant to allocation under subsection 23 (b), any funds made available under subsection (f) 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00710 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 711 •HR 6800 IH to carry out this subsection remain unobligated, the 1 Secretary shall— 2 (A) inform States that submit plans as de- 3 scribed in subsection (b), of such availability; 4 and 5 (B) reallocate such funds among such 6 States, as the Secretary determines to be ap- 7 propriate and equitable. 8 (d) COLLABORATION.—The Secretary may issue 9 guidance to encourage State departments of agriculture 10 to use funds provided under this section to support pro- 11 grams described in subsection (a) that are operated by— 12 (1) Indian tribes (as defined in section 4 of the 13 Indian Self-Determination and Education Assistance 14 Act (25 U.S.C. 5304)); 15 (2) State cooperative extension services; and 16 (3) nongovernmental organizations. 17 (e) REPORTING.—Not later than 180 days after the 18 public health emergency declared under section 319 of the 19 Public Health Services Act (42 U.S.C. 247d) on January 20 31, 2020, is terminated, each State receiving additional 21 grants under subsection (b) shall submit a report to the 22 Secretary describing— 23 (1) the activities conducted using such funds; 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00711 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 712 •HR 6800 IH (2) the amount of funds used to support each 1 such activity; and 2 (3) the estimated number of individuals served 3 by each such activity. 4 (f) FUNDING.—Out of any money not otherwise ap- 5 propriated, there is appropriated to carry out this section 6 $28,000,000, to remain available until expended. 7 (g) STATE DEFINED.—In this section, the term 8 ‘‘State’’ means— 9 (1) a State; 10 (2) the District of Columbia; 11 (3) the Commonwealth of Puerto Rico; and 12 (4) any other territory or possession of the 13 United States. 14 SEC. 60305. SUPPORT FOR PROCESSED COMMODITIES. 15 (a) RENEWABLE FUEL REIMBURSEMENT PRO- 16 GRAM.— 17 (1) IN GENERAL.—The Secretary shall make 18 payments in accordance with this subsection to eligi- 19 ble entities that experienced unexpected market 20 losses as a result of the COVID–19 pandemic during 21 the applicable period. 22 (2) DEFINITIONS.—In this section: 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00712 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 713 •HR 6800 IH (A) APPLICABLE PERIOD.—The term ‘‘ap- 1 plicable period’’ means January 1, 2020, 2 through May 1, 2020. 3 (B) ELIGIBLE ENTITY.—The term ‘‘eligible 4 entity’’ means any domestic entity or facility 5 that produced any qualified fuel in the calendar 6 year 2019. 7 (C) QUALIFIED FUEL.—The term ‘‘quali- 8 fied fuel’’ means any renewable fuel or ad- 9 vanced biofuel (as such terms are defined in 10 section 211(o)(1) of the Clean Air Act), includ- 11 ing renewable fuel from corn starch feedstock. 12 (3) AMOUNT OF PAYMENT.—The amount of the 13 payment payable to an eligible entity shall be the 14 sum of— 15 (A) $0.45 multiplied by the number of gal- 16 lons of qualified fuel produced by the eligible 17 entity during the applicable period; and 18 (B) if the Secretary determines that the el- 19 igible entity was unable to produce any quali- 20 fied fuel throughout 1 or more calendar months 21 during the applicable period due to the 22 COVID–19 pandemic, $0.45 multiplied by 50 23 percent of the number of gallons produced by 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00713 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 714 •HR 6800 IH the eligible entity in the corresponding month 1 or months in calendar year 2019. 2 (4) REPORT.—Not later than 180 days after 3 the date of the enactment of this Act, the Secretary 4 shall submit to the Committee on Agriculture of the 5 House of Representatives and the Committee on Ag- 6 riculture, Nutrition, and Forestry of the Senate a 7 report on the payments made under this subsection, 8 including the identity of each payment recipient and 9 the amount of the payment paid to the payment re- 10 cipient. 11 (5) FUNDING.—There is made available, out of 12 any funds in the Treasury not otherwise appro- 13 priated, such sums as may be necessary for pay- 14 ments to eligible entities under this subsection. 15 (6) ADMINISTRATION.— 16 (A) IN GENERAL.—The Secretary shall use 17 the funds, facilities, and authorities of the Com- 18 modity Credit Corporation to carry out this 19 subsection. 20 (B) REGULATIONS.— 21 (i) IN GENERAL.—Except as otherwise 22 provided in this subsection, not later than 23 30 days after the date of the enactment of 24 this Act, the Secretary and the Commodity 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00714 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 715 •HR 6800 IH Credit Corporation, as appropriate, shall 1 prescribe such regulations as are necessary 2 to carry out this subsection. 3 (ii) PROCEDURE.—The promulgation 4 of regulations under, and administration 5 of, this subsection shall be made without 6 regard to— 7 (I) the notice and comment pro- 8 visions of section 553 of title 5, 9 United States Code; and 10 (II) chapter 35 of title 44, 11 United States Code (commonly known 12 as the ‘‘Paperwork Reduction Act’’). 13 (b) EMERGENCY ASSISTANCE FOR TEXTILE 14 MILLS.— 15 (1) IN GENERAL.—The Secretary shall make 16 emergency assistance available to domestic users of 17 upland cotton and extra long staple cotton in the 18 form of a payment in an amount determined under 19 paragraph (2), regardless of the origin of such up- 20 land cotton or extra long staple cotton, during the 21 10-month period beginning on March 1, 2020. 22 (2) CALCULATION OF ASSISTANCE.—The 23 amount of the assistance provided under paragraph 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00715 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 716 •HR 6800 IH (1) to a domestic user described in such paragraph 1 shall be equal to 10 multiplied by the product of— 2 (A) the domestic user’s historical monthly 3 average consumption; and 4 (B) 6 cents per pound so consumed. 5 (3) ALLOWABLE USE.—Any emergency assist- 6 ance provided under this section shall be made avail- 7 able only to domestic users of upland cotton and 8 extra long staple cotton that certify that the assist- 9 ance shall be used only for operating expenses. 10 (4) HISTORICAL MONTHLY AVERAGE CONSUMP- 11 TION DEFINED.—The term ‘‘historical monthly aver- 12 age consumption’’ means the average consumption 13 for each month occurring during the period begin- 14 ning on January 1, 2017, and ending on December 15 31, 2019. 16 (5) SUNSET.—The Secretary may not provide 17 emergency assistance under this section on or after 18 December 31, 2020. 19 (6) FUNDING.—There is made available, out of 20 any funds in the Treasury not otherwise appro- 21 priated, such sums as may be necessary to carry out 22 this section. 23 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00716 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 717 •HR 6800 IH SEC. 60306. DIRECT PAYMENTS TO AGRICULTURAL PRO- 1 DUCERS. 2 (a) IN GENERAL.—The Secretary shall make direct 3 payments to producers of specialty crops, livestock, and 4 other commodities, to cover losses in response to the 5 COVID–19 pandemic. 6 (b) PAYMENT CALCULATIONS.—Payment under sub- 7 section (a), shall be calculated as follows: 8 (1) SPECIALTY CROPS, LIVESTOCK, AND OTHER 9 COMMODITIES COVERED BY CORONAVIRUS FOOD AS- 10 SISTANCE PROGRAM.—In the case of losses of spe- 11 cialty crops, livestock, and other commodities in- 12 curred during the first quarter of calendar year 13 2020 and eligible to receive direct payments under 14 the Department of Agriculture’s final rule for the 15 Coronavirus Food Assistance program of the De- 16 partment of Agriculture, payments under subsection 17 (a) shall be made to producers to ensure that they 18 are compensated for 85 percent of the second quar- 19 ter actual losses estimated by the Secretary. 20 (2) SPECIALTY CROPS, LIVESTOCK, AND OTHER 21 COMMODITIES NOT COVERED BY CORONAVIRUS FOOD 22 ASSISTANCE PROGRAM.—In the case of losses of spe- 23 cialty crops, livestock, and other commodities for 24 which a producer is ineligible to receive direct pay- 25 ments under the program referred to in paragraph 26 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00717 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 718 •HR 6800 IH (1), payments under subsection (a) shall be equal to 1 85 percent of the actual losses estimated by the Sec- 2 retary for the first and second quarters of calendar 3 year 2020 for their commodity. 4 (c) ADJUSTMENT.—In calculating the amount of a 5 payment under subsection (b)(2), the Secretary shall ac- 6 count for price differentiation factors for a given com- 7 modity based on location, specialized varieties, and farm- 8 ing practices such as certified organic products, by 9 using— 10 (1) differentiated prices, as determined by the 11 Risk Management Agency for purposes of the Fed- 12 eral crop insurance program under the Federal Crop 13 Insurance Act (7 U.S.C. 1501 et seq.), when avail- 14 able; and 15 (2) other data from the Department of Agri- 16 culture and colleges and universities, to determine 17 estimated prices. 18 (d) ADJUSTED GROSS INCOME LIMITATIONS.—A 19 payment under this section shall be deemed to be a cov- 20 ered benefit under section 1001D(b)(2) of the Food Secu- 21 rity Act of 1985 (7 U.S.C. 1308–3a(b)(2)), unless at least 22 75 percent of the adjusted gross income of the recipient 23 of the payment is derived from farming, ranching, or for- 24 estry-related activities. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00718 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 719 •HR 6800 IH (e) PAYMENTS.—The Secretary shall make payments 1 under subsection (a) not later than 60 days after the date 2 of the enactment of this section. 3 (f) FUNDING.—There is made available, out of any 4 funds in the Treasury not otherwise appropriated, to carry 5 out this section $16,500,000,000, to remain available until 6 December 31, 2020. 7 (g) NOTIFICATION.—Any obligation or expenditure 8 under this section shall be subject to the requirements de- 9 scribed in section 20 of the Commodity Credit Corporation 10 Charter Act, as added by section 60402. 11 (h) REPORT TO CONGRESS.—Not later than one year 12 after the date of the enactment of this Act, the Secretary 13 shall submit to the Committee on Agriculture of the House 14 of Representatives and the Committee on Agriculture, Nu- 15 trition, and Forestry of the Senate a report specifying how 16 price losses were calculated for each crop and crop dif- 17 ferentiation factor, and evaluating the implementation, 18 costs, and general effectiveness of this section and the 19 Coronavirus Food Assistance program of the Department 20 of Agriculture. 21 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00719 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 720 •HR 6800 IH TITLE IV—COMMODITY CREDIT CORPORATION 1 SEC. 60401. EMERGENCY ASSISTANCE. 2 Section 5 of the Commodity Credit Corporation Char- 3 ter Act (15 U.S.C. 714c) is amended by redesignating sub- 4 section (h) as subsection (j) and inserting the following: 5 ‘‘(h) Remove and dispose of or aid in the removal or 6 disposition of surplus livestock and poultry due to signifi- 7 cant supply chain interruption during an emergency pe- 8 riod. 9 ‘‘(i) Aid agricultural processing plants to ensure sup- 10 ply chain continuity during an emergency period.’’. 11 SEC. 60402. CONGRESSIONAL NOTIFICATION. 12 The Commodity Credit Corporation Charter Act (15 13 U.S.C. 714 et seq.) is amended by adding at the end the 14 following new section: 15 ‘‘SEC. 20. CONGRESSIONAL NOTIFICATION AND OVERSIGHT 16 ON SPENDING. 17 ‘‘(a) IN GENERAL.—The Secretary shall notify in 18 writing, by first-class mail and electronic mail, the Com- 19 mittee on Agriculture of the House of Representatives and 20 the Committee on Agriculture, Nutrition, and Forestry of 21 the Senate at least 90 calendar days (not counting any 22 day on which both the House of Representatives and Sen- 23 ate are not in session) in advance of any obligation or ex- 24 penditure authorized under this Act. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00720 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 721 •HR 6800 IH ‘‘(b) WRITTEN NOTICE.—A written notice required 1 under subsection (a) shall specify— 2 ‘‘(1) the commodities that will be affected; 3 ‘‘(2) the maximum financial benefit per com- 4 modity; 5 ‘‘(3) the nature of the support, including— 6 ‘‘(A) direct payments; 7 ‘‘(B) technical and financial assistance; 8 ‘‘(C) marketing assistance; and 9 ‘‘(D) purchases; 10 ‘‘(4) the expected legal entities or individuals 11 that would receive financial benefits; 12 ‘‘(5) the intended policy goals; 13 ‘‘(6) the legal justification specifying the au- 14 thority of this Act utilized; and 15 ‘‘(7) the projected impacts to commodity mar- 16 kets. 17 ‘‘(c) MONITORING OR OVERSIGHT.—The Comptroller 18 General of the United States shall conduct monitoring and 19 oversight of the exercise of authorities, the receipt, dis- 20 bursement, and use of funds for which a report is required 21 under subsection (a). 22 ‘‘(d) REPORTS.—In conducting monitoring and over- 23 sight under subsection (c), the Comptroller General shall 24 publish reports regarding the ongoing monitoring and 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00721 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 722 •HR 6800 IH oversight efforts, which, along with any audits and inves- 1 tigations conducted by the Comptroller General, shall be 2 submitted to the Committee on Agriculture of the House 3 of Representatives and the Committee on Agriculture, Nu- 4 trition, and Forestry of the Senate and posted on the 5 website of the Government Accountability Office— 6 ‘‘(1) not later than 90 days after the initial ob- 7 ligation or expenditure of funds subject to subsection 8 (a), and every other month thereafter for as long as 9 such obligations or expenditures continue; and 10 ‘‘(2) submit to the Committee on Agriculture of 11 the House of Representatives and the Committee on 12 Agriculture, Nutrition, and Forestry of the Senate 13 additional reports as warranted by the findings of 14 the monitoring and oversight activities of the Comp- 15 troller General. 16 ‘‘(e) ACCESS TO INFORMATION.— 17 ‘‘(1) RIGHT OF ACCESS.—In conducting moni- 18 toring and oversight activities under subsection (c), 19 the Comptroller General shall have access to records, 20 upon request, of any Federal, State, or local agency, 21 contractor, grantee, recipient, or subrecipient per- 22 taining to any obligations or expenditures subject to 23 subsection (a), including private entities receiving 24 such assistance. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00722 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 723 •HR 6800 IH ‘‘(2) COPIES.—The Comptroller General may 1 make and retain copies of any records accessed 2 under paragraph (1) as the Comptroller General de- 3 termines appropriate. 4 ‘‘(3) INTERVIEWS.—In addition to such other 5 authorities as are available, the Comptroller General 6 or a designee of the Comptroller General may inter- 7 view Federal, State, or local officials, contractor 8 staff, grantee staff, recipients, or subrecipients per- 9 taining to any obligations or expenditures subject to 10 subsection (a), including private entities receiving 11 such assistance. 12 ‘‘(4) INSPECTION OF FACILITIES.—As deter- 13 mined necessary by the Comptroller General, the 14 Government Accountability Office may inspect facili- 15 ties at which Federal, State, or local officials, con- 16 tractor staff, grantee staff, or recipients or sub- 17 recipients carry out their responsibilities related to 18 obligations or expenditures subject to subsection (a). 19 ‘‘(5) ENFORCEMENT.—Access rights under this 20 subsection shall be subject to enforcement consistent 21 with section 716 of title 31, United States Code. 22 ‘‘(f) RELATIONSHIP TO EXISTING AUTHORITY.— 23 Nothing in this section shall be construed to limit, amend, 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00723 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 724 •HR 6800 IH supersede, or restrict in any manner any existing author- 1 ity of the Comptroller General. 2 ‘‘(g) EXCEPTION TO WAITING PERIOD.—Subsection 3 (a) shall not apply if, prior to obligating or spending any 4 funding described in such subsection, the Secretary ob- 5 tains approval in writing from at least three of the fol- 6 lowing individuals— 7 ‘‘(1) the Chair of the Committee on Agriculture 8 of the House of Representatives, 9 ‘‘(2) the Ranking Member of the Committee on 10 Agriculture of the House of Representatives, 11 ‘‘(3) the Chair of the Committee on Agri- 12 culture, Nutrition, and Forestry of the Senate; and 13 ‘‘(4) the Ranking Member of the Committee on 14 Agriculture, Nutrition, and Forestry of the Senate. 15 ‘‘(h) EXCLUSION FOR PREEXISTING AUTHORIZA- 16 TIONS.—This section shall not apply to obligations and ex- 17 penditures authorized in the Agriculture Improvement Act 18 of 2018 (Public Law 115–334).’’. 19 TITLE V—CONSERVATION 20 SEC. 60501. EMERGENCY SOIL HEALTH AND INCOME PRO- 21 TECTION PILOT PROGRAM. 22 (a) DEFINITION OF ELIGIBLE LAND.—In this sec- 23 tion, the term ‘‘eligible land’’ means cropland that— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00724 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 725 •HR 6800 IH (1) is selected by the owner or operator of the 1 land for proposed enrollment in the pilot program 2 under this section; and 3 (2) as determined by the Secretary, had a crop- 4 ping history or was considered to be planted during 5 each of the 3 crop years preceding enrollment. 6 (b) ESTABLISHMENT.— 7 (1) IN GENERAL.—The Secretary shall establish 8 a voluntary emergency soil health and income pro- 9 tection pilot program under which eligible land is en- 10 rolled through the use of contracts to assist owners 11 and operators of eligible land to conserve and im- 12 prove the soil, water, and wildlife resources of the el- 13 igible land. 14 (2) DEADLINE FOR PARTICIPATION.—Eligible 15 land may be enrolled in the program under this sec- 16 tion through December 31, 2021. 17 (c) CONTRACTS.— 18 (1) REQUIREMENTS.—A contract described in 19 subsection (b) shall— 20 (A) be entered into by the Secretary, the 21 owner of the eligible land, and (if applicable) 22 the operator of the eligible land; and 23 (B) provide that, during the term of the 24 contract— 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00725 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 726 •HR 6800 IH (i) the lowest practicable cost peren- 1 nial conserving use cover crop for the eligi- 2 ble land, as determined by the applicable 3 State conservationist after considering the 4 advice of the applicable State technical 5 committee, shall be planted on the eligible 6 land; 7 (ii) subject to paragraph (4), the eligi- 8 ble land may be harvested for seed, hayed, 9 or grazed outside the primary nesting sea- 10 son established for the applicable county; 11 (iii) the eligible land may be eligible 12 for a walk-in access program of the appli- 13 cable State, if any; and 14 (iv) a nonprofit wildlife organization 15 may provide to the owner or operator of 16 the eligible land a payment in exchange for 17 an agreement by the owner or operator not 18 to harvest the conserving use cover. 19 (2) PAYMENTS.— 20 (A) RENTAL RATE.—Except as provided in 21 paragraph (4)(B)(ii), the annual rental rate for 22 a payment under a contract described in sub- 23 section (b) shall be $70 per acre. 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00726 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 727 •HR 6800 IH (B) ADVANCE PAYMENT.—At the request 1 of the owner and (if applicable) the operator of 2 the eligible land, the Secretary shall make all 3 rental payments under a contract entered into 4 under this section within 30 days of entering 5 into such contract. 6 (C) COST SHARE PAYMENTS.—A contract 7 described in subsection (b) shall provide that, 8 during the term of the contract, the Secretary 9 shall pay, of the actual cost of establishment of 10 the conserving use cover crop under paragraph 11 (1)(B)(i), not more than $30 per acre. 12 (3) TERM.— 13 (A) IN GENERAL.—Except as provided in 14 subparagraph (B), each contract described in 15 subsection (b) shall be for a term of 3 years. 16 (B) EARLY TERMINATION.— 17 (i) SECRETARY.—The Secretary may 18 terminate a contract described in sub- 19 section (b) before the end of the term de- 20 scribed in subparagraph (A) if the Sec- 21 retary determines that the early termi- 22 nation of the contract is appropriate. 23 (ii) OWNERS AND OPERATORS.—An 24 owner and (if applicable) an operator of el- 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00727 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 728 •HR 6800 IH igible land enrolled in the pilot program 1 under this section may terminate a con- 2 tract described in subsection (b) before the 3 end of the term described in subparagraph 4 (A) if the owner and (if applicable) the op- 5 erator pay to the Secretary an amount 6 equal to the amount of rental payments re- 7 ceived under the contract. 8 (4) HARVESTING, HAYING, AND GRAZING OUT- 9 SIDE APPLICABLE PERIOD.—The harvesting for 10 seed, haying, or grazing of eligible land under para- 11 graph (1)(B)(ii) outside of the primary nesting sea- 12 son established for the applicable county shall be 13 subject to the conditions that— 14 (A) with respect to eligible land that is so 15 hayed or grazed, adequate stubble height shall 16 be maintained to protect the soil on the eligible 17 land, as determined by the applicable State con- 18 servationist after considering the advice of the 19 applicable State technical committee; and 20 (B) with respect to eligible land that is so 21 harvested for seed— 22 (i) the eligible land shall not be eligi- 23 ble to be insured or reinsured under the 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00728 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 729 •HR 6800 IH Federal Crop Insurance Act (7 U.S.C. 1 1501 et seq.); and 2 (ii) the annual rental rate for a pay- 3 ment under a contract described in sub- 4 section (b) shall be $52.50 per acre. 5 (d) ACREAGE LIMITATION.—Not more than 6 5,000,000 total acres of eligible land may be enrolled 7 under the pilot program under this section. 8 (e) FUNDING.—There is appropriated, out of any 9 funds in the Treasury not otherwise appropriated, such 10 sums as may be necessary to carry out this section. 11 TITLE VI—NUTRITION 12 SEC. 60601. DEFINITIONS. 13 In this title: 14 (1) COVID-19 PUBLIC HEALTH EMERGENCY.— 15 The term ‘‘COVID–19 public health emergency’’ 16 means the public health emergency declared by the 17 Secretary of Health and Human Services under sec- 18 tion 319 of the Public Health Services Act (42 19 U.S.C. 247d) on January 31, 2020, with respect to 20 COVID–19. 21 (2) SUPPLEMENTAL NUTRITION ASSISTANCE 22 PROGRAM.—The term ‘‘supplemental nutrition as- 23 sistance program’’ has the meaning given such term 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00729 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 730 •HR 6800 IH in section 3(t) of the Food and Nutrition Act of 1 2008 (7 U.S.C. 2012(t)). 2 SEC. 60602. ENHANCED PROJECTS TO HARVEST, PROCESS, 3 PACKAGE, OR TRANSPORT DONATED COM- 4 MODITIES. 5 (a) DEFINITIONS.—In this section: 6 (1) EMERGENCY FEEDING ORGANIZATION.— 7 The term ‘‘emergency feeding organization’’ has the 8 meaning given the term in section 201A of the 9 Emergency Food Assistance Act of 1983 (7 U.S.C. 10 7501). 11 (2) PROJECT.—The term ‘‘project’’ has the 12 meaning given the term in section 203D(d)(1) of the 13 Emergency Food Assistance Act of 1983 (7 U.S.C. 14 7507(d)(1)). 15 (3) PRIORITY AGRICULTURAL PRODUCT.—The 16 term ‘‘priority agricultural product’’ means a dairy, 17 meat, or poultry product, or a specialty crop— 18 (A) packaged or marketed for sale to com- 19 mercial or food service industries; 20 (B) for which decreased demand exists for 21 such a product due to the COVID–19 outbreak; 22 and 23 (C) the repurposing of which would be im- 24 practical for grocery or retail sale. 25 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00730 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS 731 •HR 6800 IH (4) STATE.—The term ‘‘State’’ has the mean- 1 ing given the term in section 203D of the Emer- 2 gency Food Assistance Act of 1983 (7 U.S.C. 7507). 3 (5) STATE AGENCY.—The term ‘‘State agency’’ 4 has the meaning given the term in section 203D of 5 the Emergency Food Assistance Act of 1983 (7 6 U.S.C. 7507). 7 (b) ENHANCED PROJECTS.— 8 (1) IN GENERAL.—Subject to paragraphs (3) 9 and (4), using funds made available under sub- 10 section (d), the Secretary may provide funds to 11 States to pay for harvesting, processing, packaging, 12 or transportation costs of carrying out a project. 13 (2) GUIDANCE.—Not later than 30 days after 14 the date of enactment of this Act, the Secretary 15 shall issue guidance to States— 16 (A) to carry out this section; 17 (B) to inform States of their allocations 18 under paragraph (3); and 19 (C) to encourage States to carry out 20 projects that work with agricultural producers, 21 processors, and distributors with priority agri- 22 cultural products. 23 (3) ALLOCATION.— 24 VerDate Sep 11 2014 21:01 May 12, 2020 Jkt 099200 PO 00000 Frm 00731 Fmt 6652 Sfmt 6201 E:\BILLS\H6800.IH H6800 tkelley on DSKBCP9HB2PROD with BILLS Full text truncated for size; the complete document is in the PDF above.
File and source
- File
- BILLS-116hr6800ih.pdf
- Size
- 3,148,253 bytes
- SHA-256
- 99c901d16c7f0e54e5550f5fc81e6cd99d897ac6700cdbb6a1b1509ac315eeaf
- Our copy
- BILLS-116hr6800ih.pdf
- Original
- www.govinfo.gov