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Home Court filings Heroes Act Legislative History Bill text (introduced) — H.R. 6800, Heroes Act

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Bill text (introduced) — H.R. 6800, Heroes Act

Filed May 12, 2020 in Heroes Act Legislative History; one of 3 filings from this case.

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CourtU.S. Congress
Filed2020-05-12

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
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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 
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•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 
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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
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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
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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
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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
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•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
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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
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10 
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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66 
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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
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67 
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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
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68 
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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
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69 
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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
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70 
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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
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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
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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
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73 
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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
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74 
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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
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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
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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
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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
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78 
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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
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79 
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(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
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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
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81 
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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164 
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‘‘(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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267 
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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
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268 
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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
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269 
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(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
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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
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271 
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(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
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272 
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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
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273 
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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
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274 
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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351 
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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
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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
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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
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354 
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(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
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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
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356 
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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
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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
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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
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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
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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
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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
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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
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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
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364 
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‘‘(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
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365 
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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
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•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
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(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
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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
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369 
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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
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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
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‘‘(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
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‘‘(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
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373 
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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
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374 
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‘‘(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
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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
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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
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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
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378 
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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
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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
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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
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381 
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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•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
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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
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•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
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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
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‘‘(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
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(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
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461 
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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
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(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
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463 
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(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
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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
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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
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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
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467 
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‘‘(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
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‘‘(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
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469 
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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525 
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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542 
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(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
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543 
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(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
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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
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545 
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(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
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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
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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
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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
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549 
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(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
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550 
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(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
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551 
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(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
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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
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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
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554 
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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
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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
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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
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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
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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
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559 
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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
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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
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561 
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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(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
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(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
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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
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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
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•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
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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
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(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
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‘‘(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
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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
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(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
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(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
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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
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‘‘(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.’’. 
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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
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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
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(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
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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
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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
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613 
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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
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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
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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
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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
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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
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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
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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
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620 
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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661 
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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712 
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(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
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713 
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(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
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714 
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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
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715 
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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
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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
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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
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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
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719 
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(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
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720 
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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. 
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In this title: 
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(1) COVID-19 PUBLIC HEALTH EMERGENCY.— 
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The term ‘‘COVID–19 public health emergency’’ 
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means the public health emergency declared by the 
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Secretary of Health and Human Services under sec-
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tion 319 of the Public Health Services Act (42 
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U.S.C. 247d) on January 31, 2020, with respect to 
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COVID–19. 
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(2) SUPPLEMENTAL
NUTRITION
ASSISTANCE 
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PROGRAM.—The term ‘‘supplemental nutrition as-
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sistance program’’ has the meaning given such term 
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•HR 6800 IH
in section 3(t) of the Food and Nutrition Act of 
1
2008 (7 U.S.C. 2012(t)). 
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SEC. 60602. ENHANCED PROJECTS TO HARVEST, PROCESS, 
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PACKAGE, OR TRANSPORT DONATED COM-
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MODITIES. 
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(a) DEFINITIONS.—In this section: 
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(1) EMERGENCY
FEEDING
ORGANIZATION.— 
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The term ‘‘emergency feeding organization’’ has the 
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meaning given the term in section 201A of the 
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Emergency Food Assistance Act of 1983 (7 U.S.C. 
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7501). 
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(2) PROJECT.—The term ‘‘project’’ has the 
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meaning given the term in section 203D(d)(1) of the 
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Emergency Food Assistance Act of 1983 (7 U.S.C. 
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7507(d)(1)). 
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(3) PRIORITY AGRICULTURAL PRODUCT.—The 
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term ‘‘priority agricultural product’’ means a dairy, 
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meat, or poultry product, or a specialty crop— 
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(A) packaged or marketed for sale to com-
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mercial or food service industries; 
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(B) for which decreased demand exists for 
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such a product due to the COVID–19 outbreak; 
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and 
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(C) the repurposing of which would be im-
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practical for grocery or retail sale. 
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(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). 
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(5) STATE AGENCY.—The term ‘‘State agency’’ 
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has the meaning given the term in section 203D of 
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the Emergency Food Assistance Act of 1983 (7 
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U.S.C. 7507). 
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(b) ENHANCED PROJECTS.— 
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(1) IN GENERAL.—Subject to paragraphs (3) 
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and (4), using funds made available under sub-
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section (d), the Secretary may provide funds to 
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States to pay for harvesting, processing, packaging, 
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or transportation costs of carrying out a project. 
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(2) GUIDANCE.—Not later than 30 days after 
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the date of enactment of this Act, the Secretary 
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shall issue guidance to States— 
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(A) to carry out this section; 
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(B) to inform States of their allocations 
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under paragraph (3); and 
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(C) to encourage States to carry out 
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projects that work with agricultural producers, 
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processors, and distributors with priority agri-
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cultural products. 
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(3) ALLOCATION.— 
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