Court filing
Bill text (engrossed House) — H.R. 6800, HEROES Act
Filed May 15, 2020 in Heroes Act Legislative History; one of 3 filings from this case.
Record facts
| Court | U.S. Congress |
|---|---|
| Filed | 2020-05-15 |
Full text
116TH CONGRESS 2D SESSION H. R. 6800 AN ACT 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as ‘‘The Heroes Act’’. 4 2 •HR 6800 EH SEC. 2. TABLE OF CONTENTS. 1 The table of contents for this Act is as follows: 2 DIVISION A—CORONAVIRUS RECOVERY SUPPLEMENTAL APPROPRIATIONS ACT, 2020 Title I—Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Title II—Commerce, Justice, Science, and Related Agencies Title III—Financial Services and General Government Title IV—Homeland Security Title V—Interior, Environment, and Related Agencies Title VI—Departments of Labor, Health and Human Services, and Education, and Related Agencies Title VII—Legislative Branch Title VIII—Department of State, Foreign Operations, and Related Programs Title IX—Transportation, Housing and Urban Development, and Related Agen- cies Title X—General Provisions—This Division 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 Title VII—Other matters 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 3 •HR 6800 EH Title I—Accountability Title II—Census Matters Title III—Federal Workforce Title IV—Federal Contracting Provisions Title V—District of Columbia Title VI—Other Matters DIVISION H—VETERANS AND SERVICEMEMBERS PROVISIONS DIVISION I—SMALL BUSINESS PROVISIONS DIVISION J—SUPPORT FOR ESSENTIAL WORKERS, AT-RISK INDIVIDUALS, FAMILIES, AND COMMUNITIES Title I—Family Care for Essential Workers Title II—Pandemic Emergency Assistance and Services Title III—Program Flexibility During the Pandemic DIVISION K—COVID–19 HERO ACT Title I—Providing Medical Equipment for First Responders and Essential Workers Title II—Protecting Renters and Homeowners from Evictions and Foreclosures Title III—Protecting People Experiencing Homelessness Title IV—Suspending Negative Credit Reporting and Strengthening Consumer and Investor Protections Title V—Forgiving Student Loan Debt and Protecting Student Borrowers Title VI—Standing Up For Small Businesses, Minority-Owned Businesses, and Non-Profits Title VII—Empowering Community Financial Institutions Title VIII—Providing Assistance for State, Territory, Tribal, and Local 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 4 •HR 6800 EH DIVISION N—GIVING RETIREMENT OPTIONS TO WORKERS ACT DIVISION O—EDUCATION PROVISIONS AND OTHER PROGRAMS Title I—Higher Education Provisions Title II—Other Programs DIVISION P—ACCESS ACT DIVISION Q—COVID–19 HEROES FUND Title I—Provisions relating to State, Local, Tribal, and Private Sector Workers Title II—Provisions relating to Federal employees and COVID–19 Title III—Coordination of benefits with other programs and laws DIVISION R—CHILD NUTRITION AND RELATED PROGRAMS DIVISION S—OTHER MATTERS Title I—Health Care Access for Urban Native Veterans Act Title II—Tribal School Federal Insurance Parity Title III—PRC for Native Veterans Act Title IV—Wildlife-Borne Disease Prevention Title V—Pandemic Relief for Aviation Workers and Passengers Title VI—Amtrak and Rail Workers Title VII—Energy and Environment Provisions Title VIII—Death and disability benefits for public safety officers impacted by COVID–19 Title IX—Victims of Crime Act Amendments Title X—Jabara-Heyer NO HATE Act Title XI—Prisons and Jails Title XII—Immigration Matters Title XIII—Coronavirus Relief Fund Amendments Title XIV—Rural Digital Opportunity Title XV—Foreign Affairs Provisions Title XVI—Scientific Integrity Act DIVISION T—ADDITIONAL OTHER MATTERS SEC. 3. REFERENCES. 1 Except as expressly provided otherwise, any reference 2 to ‘‘this Act’’ contained in any division of this Act shall 3 be treated as referring only to the provisions of that divi- 4 sion. 5 5 •HR 6800 EH 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 6 •HR 6800 EH quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 1 anced Budget and Emergency Deficit Control Act of 1985. 2 RURAL DEVELOPMENT PROGRAMS 3 RURAL HOUSING SERVICE 4 RENTAL ASSISTANCE PROGRAM 5 For an additional amount for ‘‘Rental Assistance 6 Program’’, $309,000,000, to remain available until Sep- 7 tember 30, 2021, to prevent, prepare for, and respond to 8 coronavirus, for temporary adjustment of wage income 9 losses for residents of housing financed or assisted under 10 section 514, 515, or 516 of the Housing Act of 1949, with- 11 out regard to any existing eligibility requirements based 12 on income: Provided, That such amount is designated by 13 the Congress as being for an emergency requirement pur- 14 suant to section 251(b)(2)(A)(i) of the Balanced Budget 15 and Emergency Deficit Control Act of 1985. 16 DOMESTIC FOOD PROGRAMS 17 FOOD AND NUTRITION SERVICE 18 CHILD NUTRITION PROGRAMS 19 For an additional amount for ‘‘Child Nutrition Pro- 20 grams’’, $3,000,000,000 to remain available until Sep- 21 tember 30, 2021, to prevent, prepare for, and respond to 22 coronavirus, domestically or internationally: Provided, 23 That the amount provided under this heading is for the 24 purposes of carrying out section 180002 of the ‘‘Child Nu- 25 7 •HR 6800 EH trition and Related Programs Recovery Act’’: Provided 1 further, That such amount is designated by the Congress 2 as being for an emergency requirement pursuant to sec- 3 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 4 gency Deficit Control Act of 1985. 5 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 6 WOMEN, INFANTS, AND CHILDREN (WIC) 7 For an additional amount for the ‘‘Special Supple- 8 mental Nutrition Program for Women, Infants, and Chil- 9 dren’’, $1,100,000,000, to remain available until Sep- 10 tember 30, 2022: Provided, That such amount is des- 11 ignated by the Congress as being for an emergency re- 12 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 13 anced Budget and Emergency Deficit Control Act of 1985. 14 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM 15 For an additional amount for ‘‘Supplemental Nutri- 16 tion Assistance Program’’, $10,000,000,000, to remain 17 available until September 30, 2021, to prevent, prepare 18 for, and respond to coronavirus: Provided, That such 19 amount is designated by the Congress as being for an 20 emergency requirement pursuant to section 21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985. 23 8 •HR 6800 EH COMMODITY ASSISTANCE PROGRAM 1 For an additional amount for ‘‘Commodity Assistance 2 Program’’, $150,000,000, to remain available through 3 September 30, 2021, for the emergency food assistance 4 program as authorized by section 27(a) of the Food and 5 Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 6 204(a)(1) of the Emergency Food Assistance Act of 1983 7 (7 U.S.C. 7508(a)(1)): Provided, That such amount is 8 designated 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 GENERAL PROVISIONS—THIS TITLE 12 SEC. 10101. For an additional amount for the Com- 13 monwealth of the Northern Mariana Islands, $1,822,000, 14 to remain available until September 30, 2021, for nutri- 15 tion assistance to prevent, prepare for, and respond to 16 coronavirus: Provided, That such amount is designated by 17 the Congress as being for an emergency requirement pur- 18 suant to section 251(b)(2)(A)(i) of the Balanced Budget 19 and Emergency Deficit Control Act of 1985. 20 SEC. 10102. Under the heading ‘‘Commodity Assist- 21 ance Program’’ in the Coronavirus Aid, Relief, and Eco- 22 nomic Security Act (Public Law 116–136), strike ‘‘to pre- 23 vent, prepare for, and respond to coronavirus, domestically 24 or internationally,’’: Provided, That the amounts 25 9 •HR 6800 EH repurposed pursuant to the amendment made by this sec- 1 tion that were previously designated by the Congress as 2 an emergency requirement pursuant to the Balanced 3 Budget and Emergency Deficit Control Act of 1985 are 4 designated by the Congress as an emergency requirement 5 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 6 et and Emergency Deficit Control Act of 1985. 7 SEC. 10103. For an additional amount for the pro- 8 gram established under section 7522 of the Food, Con- 9 servation, and Energy Act of 2008 (7 U.S.C. 5936), to 10 prevent, prepare for, and respond to coronavirus, 11 $20,000,000, to remain available until September 30, 12 2021: Provided, That such amount is designated by the 13 Congress as being for an emergency requirement pursuant 14 to section 251(b)(2)(A)(i) of the Balanced Budget and 15 Emergency Deficit Control Act of 1985. 16 SEC. 10104. Section 11004 of the Coronavirus Aid, 17 Relief, and Economic Security Act (Public Law 116–136) 18 is amended by inserting after the 4th proviso the fol- 19 lowing: ‘‘Provided further, That the condition set forth in 20 section 9003(f) of the Farm Security and Rural Invest- 21 ment Act of 2002 shall apply with respect to all construc- 22 tion, alteration, or repair work carried out, in whole or 23 in part, with funds made available by this section:’’: Pro- 24 vided, That amounts repurposed pursuant to the amend- 25 10 •HR 6800 EH ments made pursuant to this section are 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 TITLE II—COMMERCE, JUSTICE, SCIENCE, AND 5 RELATED AGENCIES 6 DEPARTMENT OF COMMERCE 7 BUREAU OF THE CENSUS 8 CURRENT SURVEYS AND PROGRAMS 9 (INCLUDING TRANSFER OF FUNDS) 10 For an additional amount for ‘‘Current Surveys and 11 Programs’’, $10,000,000: Provided, That such sums may 12 be transferred to the Bureau of the Census Working Cap- 13 ital Fund for necessary expenses incurred as a result of 14 the coronavirus, including for payment of salaries and 15 leave to Bureau of the Census staff resulting from the sus- 16 pension of data collection for reimbursable surveys con- 17 ducted for other Federal agencies: Provided further, That 18 such amount is designated by the Congress as being for 19 an emergency requirement pursuant to section 20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 21 Deficit Control Act of 1985. 22 PERIODIC CENSUSES AND PROGRAMS 23 For an additional amount for ‘‘Periodic Censuses and 24 Programs’’, $400,000,000, to remain available until Sep- 25 11 •HR 6800 EH tember 30, 2022, to prevent, prepare for, and respond to 1 coronavirus: Provided, That such amount is designated by 2 the Congress as being for an emergency requirement pur- 3 suant to section 251(b)(2)(A)(i) of the Balanced Budget 4 and Emergency Deficit Control Act of 1985. 5 NATIONAL OCEANIC AND ATMOSPHERIC 6 ADMINISTRATION 7 ASSISTANCE TO FISHERY PARTICIPANTS 8 Pursuant to section 12005 of the Coronavirus Aid, 9 Relief, and Economic Security Act of 2020 (Public Law 10 116–136), for an additional amount for ‘‘Assistance to 11 Fishery Participants’’, $100,000,000, to remain available 12 until September 30, 2021, for necessary expenses to pro- 13 vide assistance to Tribal, subsistence, commercial, and 14 charter fishery participants affected by the novel 15 coronavirus (COVID–19), which may include direct relief 16 payments: Provided, That such amount is designated by 17 the Congress as being for an emergency requirement pur- 18 suant to section 251(b)(2)(A)(i) of the Balanced Budget 19 and Emergency Deficit Control Act of 1985. 20 DEPARTMENTAL MANAGEMENT 21 OFFICE OF INSPECTOR GENERAL 22 For an additional amount for ‘‘Office of Inspector 23 General’’, $1,000,000, to remain available until expended 24 to prevent, prepare for, and respond to coronavirus, in- 25 12 •HR 6800 EH cluding the impact of coronavirus on the work of the De- 1 partment of Commerce and to carry out investigations and 2 audits related to the funding made available for the De- 3 partment of Commerce in this Act and in title II of divi- 4 sion B of Public Law 116–136: 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 ADMINISTRATIVE PROVISION—DEPARTMENT OF 10 COMMERCE 11 SEC. 10201. Notwithstanding any other provision of 12 law, the Federal share for grants provided by the Eco- 13 nomic Development Administration under Public Law 14 116–93, Public Law 116–20, and Public Law 116–136 15 shall be 100 percent: Provided, That the amounts 16 repurposed in this section that were previously designated 17 by the Congress as an emergency requirement pursuant 18 to the Balanced Budget and Emergency Deficit Control 19 Act of 1985 are designated by the Congress as an emer- 20 gency requirement pursuant to section 251(b)(2)(A)(i) of 21 the Balanced Budget and Emergency Deficit Control Act 22 of 1985. 23 13 •HR 6800 EH DEPARTMENT OF JUSTICE 1 FEDERAL PRISON SYSTEM 2 SALARIES AND EXPENSES 3 For an additional amount for ‘‘Salaries and Ex- 4 penses’’, $200,000,000, to remain available until Sep- 5 tember 30, 2021, to prevent, prepare for, and respond to 6 coronavirus, including the impact of coronavirus on the 7 work of the Department of Justice, to include funding for 8 medical testing and services, personal protective equip- 9 ment, hygiene supplies and services, and sanitation serv- 10 ices: 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 OFFICE OF INSPECTOR GENERAL 15 For an additional amount for ‘‘Office of Inspector 16 General’’, $3,000,000, to remain available until expended 17 to prevent, prepare for, and respond to coronavirus, in- 18 cluding the impact of coronavirus on the work of the De- 19 partment of Justice and to carry out investigations and 20 audits related to the funding made available for the De- 21 partment of Justice in this Act: Provided, That such 22 amount is designated by the Congress as being for an 23 emergency requirement pursuant to section 24 14 •HR 6800 EH 251(b)(2)(A)(i) of the Balanced Budget and Emergency 1 Deficit Control Act of 1985. 2 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES 3 OFFICE ON VIOLENCE AGAINST WOMEN 4 VIOLENCE AGAINST WOMEN PREVENTION AND 5 PROSECUTION PROGRAMS 6 For an additional amount for ‘‘Violence Against 7 Women Prevention and Prosecution Programs’’, 8 $100,000,000, to remain available until expended, of 9 which— 10 (1) $30,000,000 is for grants to combat vio- 11 lence against women, as authorized by part T of the 12 Omnibus Crime Control and Safe Streets Acts of 13 1968; 14 (2) $15,000,000 is for transitional housing as- 15 sistance grants for victims of domestic violence, dat- 16 ing violence, stalking, or sexual assault, as author- 17 ized by section 40299 of the Violent Crime Control 18 and Law Enforcement Act of 1994 (Public Law 19 103–322; ‘‘1994 Act’’); 20 (3) $15,000,000 is for sexual assault victims 21 assistance, as authorized by section 41601 of the 22 1994 Act; 23 15 •HR 6800 EH (4) $10,000,000 is for rural domestic violence 1 and child abuse enforcement assistance grants, as 2 authorized by section 40295 of the 1994 Act; 3 (5) $10,000,000 is for legal assistance for vic- 4 tims, as authorized by section 1201 of the Victims 5 of Trafficking and Violence Protection Act of 2000 6 (Public Law 106–386; ‘‘2000 Act’’); 7 (6) $4,000,000 is for grants to assist tribal gov- 8 ernments in exercising special domestic violence 9 criminal jurisdiction, as authorized by section 904 of 10 the Violence Against Women Reauthorization Act of 11 2013; and 12 (7) $16,000,000 is for grants to support fami- 13 lies in the justice system, as authorized by section 14 1301 of the 2000 Act: 15 Provided, That a recipient of such funds shall not be sub- 16 ject, as a condition for receiving the funds, to any other- 17 wise-applicable requirement to provide or obtain other 18 Federal or non-Federal funds: Provided further, That such 19 amount is designated by the Congress as being for an 20 emergency requirement pursuant to section 21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985. 23 16 •HR 6800 EH OFFICE OF JUSTICE PROGRAMS 1 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 2 For an additional amount for ‘‘State and Local Law 3 Enforcement Assistance’’, $300,000,000, to remain avail- 4 able until expended, for the same purposes and subject 5 to the same conditions as the appropriations for fiscal year 6 2020 under this heading in title II of division B of Public 7 Law 116–136, including for the purchase of personal pro- 8 tective equipment, and for costs related to preventing and 9 controlling coronavirus at correctional institutions: Pro- 10 vided, That, notwithstanding section 502(a)(1) of the Om- 11 nibus Crime Control and Safe Streets Act of 1968 (34 12 U.S.C. 10153), funds provided under this heading in both 13 this Act and title II of division B of Public Law 116– 14 136 may be used to supplant State or local funds: Pro- 15 vided further, That a recipient of funds made available 16 under this heading in both this Act and title II of division 17 B of Public Law 116–136 shall not be subject, as a condi- 18 tion for receiving the funds, to any otherwise-applicable 19 requirement to provide or obtain other Federal or non- 20 Federal funds: Provided further, That such amount is des- 21 ignated 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 17 •HR 6800 EH For an additional amount for ‘‘State and Local Law 1 Enforcement Assistance’’, $250,000,000, to remain avail- 2 able until expended, for offender reentry programs and re- 3 search, as authorized by the Second Chance Act of 2007 4 (Public Law 110–199) and by the Second Chance Reau- 5 thorization Act of 2018 (Public Law 115–391), without 6 regard to the time limitations specified at section 6(1) of 7 such Act, to prevent, prepare for, and respond to 8 coronavirus: Provided, That, notwithstanding any other 9 provision of law, funds provided under this heading may 10 be used to supplant State or local funds: Provided further, 11 That a recipient of funds made available under this head- 12 ing in this Act shall not be subject, as a condition for re- 13 ceiving the funds, to any otherwise-applicable requirement 14 to provide or obtain other Federal or non-Federal funds: 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 ‘‘State and Local Law 20 Enforcement Assistance’’, $600,000,000, to remain avail- 21 able until expended, for grants, contracts, cooperative 22 agreements, and other assistance as authorized by the 23 Pandemic Justice Response Act (‘‘the Act’’): Provided, 24 That $500,000,000 is to establish and implement policies 25 18 •HR 6800 EH and procedures to prevent, detect, and stop the presence 1 and spread of COVID–19 among arrestees, detainees, in- 2 mates, correctional facility staff, and visitors to the facili- 3 ties; and for pretrial citation and release grants, as au- 4 thorized by the Act: Provided further, That $25,000,000 5 is for Rapid COVID–19 Testing, as authorized by the Act: 6 Provided further, That $75,000,000 is for grants for Juve- 7 nile Specific Services, as authorized by the Act: Provided 8 further, That, notwithstanding any other provision of law, 9 funds provided under this heading may be used to sup- 10 plant State or local funds: Provided further, That a recipi- 11 ent of funds made available under this heading in this Act 12 shall not be subject, as a condition for receiving the funds, 13 to any otherwise-applicable requirement to provide or ob- 14 tain other Federal or non-Federal funds: 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 COMMUNITY ORIENTED POLICING SERVICES 20 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS 21 For an additional amount for ‘‘Community Oriented 22 Policing Services’’, $300,000,000, to remain available 23 until expended, for grants under section 1701 of title I 24 of the 1968 Omnibus Crime Control and Safe Streets Act 25 19 •HR 6800 EH (34 U.S.C. 10381) for hiring and rehiring of additional 1 career law enforcement officers under part Q of such title, 2 notwithstanding subsection (i) of such section, and includ- 3 ing for the purchase of personal protective equipment: 4 Provided, That, notwithstanding section 1704 of the Om- 5 nibus Crime Control and Safe Streets Act of 1968 (34 6 U.S.C. 10384), funds provided under this heading may be 7 used to supplant State or local funds and may be used 8 to retain career law enforcement officers: Provided further, 9 That a recipient of funds made available under this head- 10 ing in this Act shall not be subject, as a condition for re- 11 ceiving the funds, to any otherwise-applicable requirement 12 to provide or obtain other Federal or non-Federal funds: 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 SCIENCE 18 NATIONAL SCIENCE FOUNDATION 19 RESEARCH AND RELATED ACTIVITIES 20 (INCLUDING TRANSFER OF FUNDS) 21 For an additional amount for ‘‘Research and Related 22 Activities’’, $125,000,000, to remain available until Sep- 23 tember 30, 2022, to prevent, prepare for, and respond to 24 coronavirus, including to fund research grants, of which 25 20 •HR 6800 EH $1,000,000 shall be for a study on the spread of COVID– 1 19 related disinformation: Provided further, That, of the 2 amount appropriated under this heading in this Act, up 3 to 2 percent of funds may be transferred to the ‘‘Agency 4 Operations and Award Management’’ account for manage- 5 ment, administration, and oversight of funds provided 6 under this heading in this Act: Provided further, 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 ADMINISTRATIVE PROVISION—SCIENCE 12 STUDY ON COVID–19 DISINFORMATION 13 SEC. 10202. (a) STUDY.—No later than 30 days 14 after the date of enactment of this Act, the Director of 15 the National Science Foundation shall enter into an ar- 16 rangement with the National Academies of Science, Engi- 17 neering, and Medicine (National Academies) to conduct a 18 study on the current understanding of the spread of 19 COVID–19-related disinformation on the internet and so- 20 cial media platforms. The study shall address the fol- 21 lowing: 22 (1) the role disinformation and misinformation 23 has played in the public response to COVID–19; 24 21 •HR 6800 EH (2) the sources of COVID–19-related 1 disinformation—both foreign and domestic—and the 2 mechanisms by which that disinformation influences 3 the public debate; 4 (3) the role social media plays in the dissemina- 5 tion and promotion of COVID–19 disinformation 6 and misinformation content and the role social 7 media platforms play in the organization of groups 8 seeking to spread COVID–19 disinformation; 9 (4) the potential financial returns for creators 10 or distributors of COVID–19 disinformation, and 11 the role such financial incentives play in the propa- 12 gation of COVID–19 disinformation; 13 (5) potential strategies to mitigate the dissemi- 14 nation and negative impacts of COVID–19 15 disinformation, including specifically, the dissemina- 16 tion of disinformation on social media, including 17 through improved disclosures; and 18 (6) an analysis of the limitations of these miti- 19 gation strategies, and an analysis of how these strat- 20 egies can be implemented without infringing on 21 Americans’ Constitutional rights and civil liberties. 22 (b) REPORT.—In entering into an arrangement under 23 this section, the Director shall request that the National 24 Academies transmit to Congress a report on the results 25 22 •HR 6800 EH of the study not later than 12 months after the date of 1 enactment of this Act. 2 (c) AUTHORIZATION.—There is authorized to be ap- 3 propriated for the purposes of conducting the study in this 4 section $1,000,000. 5 RELATED AGENCIES 6 LEGAL SERVICES CORPORATION 7 PAYMENT TO THE LEGAL SERVICES CORPORATION 8 For an additional amount for ‘‘Payment to the Legal 9 Services Corporation’’, $50,000,000, for the same pur- 10 poses and subject to the same conditions as the appropria- 11 tions for fiscal year 2020 under this heading in title II 12 of division B of Public Law 116–136: Provided, That such 13 amount is designated by the Congress as being for an 14 emergency requirement pursuant to section 15 251(b)(2)(A)(i) of the Balanced Budget and Emergency 16 Deficit Control Act of 1985. 17 TITLE III—FINANCIAL SERVICES AND GENERAL 18 GOVERNMENT 19 DEPARTMENT OF THE TREASURY 20 DEPARTMENTAL OFFICES 21 OFFICE OF INSPECTOR GENERAL 22 SALARIES AND EXPENSES 23 For an additional amount for ‘‘Salaries and Ex- 24 penses’’, $35,000,000, to remain available until expended, 25 23 •HR 6800 EH to conduct monitoring and oversight of the receipt, dis- 1 bursement, and use of funds made available under the 2 ‘‘Coronavirus State Fiscal Relief Fund’’ and the 3 ‘‘Coronavirus Local Fiscal Relief Fund’’ (collectively, 4 ‘‘Fiscal Relief Funds’’): Provided, That, if the Inspector 5 General of the Department of the Treasury determines 6 that an entity receiving a payment from amounts provided 7 by the Fiscal Relief Funds has failed to comply with the 8 provisions governing the use of such funding, the Inspec- 9 tor General shall transmit any relevant information re- 10 lated to such determination to the Committees on Appro- 11 priations of the House of Representatives and the Senate 12 not later than 5 days after any such determination is 13 made: 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 TREASURY INSPECTOR GENERAL FOR TAX 18 ADMINISTRATION 19 SALARIES AND EXPENSES 20 For an additional amount for ‘‘Salaries and Ex- 21 penses’’, $2,500,000, to remain available until expended, 22 to prevent, prepare for, and respond to coronavirus, do- 23 mestically or internationally: Provided, That such amount 24 is designated by the Congress as being for an emergency 25 24 •HR 6800 EH requirement pursuant to section 251(b)(2)(A)(i) of the 1 Balanced Budget and Emergency Deficit Control Act of 2 1985. 3 HOMEOWNER ASSISTANCE FUND 4 For activities and assistance authorized in section 5 110202 of the ‘‘COVID–19 HERO Act’’ , 6 $75,000,000,000, to remain available until expended: Pro- 7 vided, That such amount is designated by the Congress 8 as being for an emergency requirement pursuant to sec- 9 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 10 gency Deficit Control Act of 1985. 11 BUREAU OF THE FISCAL SERVICE 12 SALARIES AND EXPENSES 13 For an additional amount for ‘‘Salaries and Ex- 14 penses’’, $78,650,000, to remain available until September 15 30, 2021, to prevent, prepare for, and respond to 16 coronavirus, domestically or internationally: Provided, 17 That such amount is designated by the Congress as being 18 for 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 CORONAVIRUS STATE FISCAL RELIEF FUND 22 For making payments to States, territories, and Trib- 23 al governments to mitigate the fiscal effects stemming 24 from the public health emergency with respect to the 25 25 •HR 6800 EH Coronavirus Disease (COVID–19), $540,000,000,000 to 1 remain available until expended, which shall be in addition 2 to any other amounts available for making payments to 3 States, territories, and Tribal governments for any pur- 4 pose (including payments made under section 601 of the 5 Social Security Act), of which: 6 (1) $20,000,000,000 shall be for making 7 payments to the Commonwealth of Puerto Rico, 8 United States Virgin Islands, Guam, Common- 9 wealth of the Northern Mariana Islands, and 10 American Samoa: Provided, That of the amount 11 made available in this paragraph, half shall be 12 allocated equally among each entity specified in 13 this paragraph, and half shall be allocated as 14 an additional amount to each such entity in an 15 amount which bears the same proportion to half 16 of the total amount provided under this para- 17 graph as the relative population of each such 18 entity bears to the total population of all such 19 entities; 20 (2) $20,000,000,000 shall be for making 21 payments to Tribal governments: Provided, 22 That payments of amounts made available in 23 this paragraph shall be made to each Tribal 24 Government in an amount determined by the 25 26 •HR 6800 EH Secretary of the Treasury, in consultation with 1 the Secretary of the Interior and Indian Tribes, 2 that is based on increased aggregate expendi- 3 tures of each such Tribal government (or a trib- 4 ally-owned entity of such Tribal government) in 5 fiscal year 2020 relative to aggregate expendi- 6 tures in fiscal year 2019 by the Tribal govern- 7 ment (or tribally-owned entity) and determined 8 in such manner as the Secretary determines ap- 9 propriate to ensure that all amounts available 10 pursuant to the preceding proviso for fiscal year 11 2020 are distributed to Tribal governments: 12 (3) $250,000,000,000 shall be for making 13 initial payments to each of the 50 States and 14 the District of Columbia, of which— 15 (A) $51,000,000,000 shall be al- 16 located equally between each of the 50 17 States and the District of Columbia; 18 (B) $150,000,000,000 shall be 19 allocated as an additional amount to 20 each such entity in an amount which 21 bears the same proportion to the total 22 amount provided under this subpara- 23 graph as the relative population of 24 27 •HR 6800 EH each such entity bears to the total 1 population of all such entities; 2 (C) $49,000,000,000 shall be al- 3 located as additional amounts among 4 each of the 50 States and the District 5 of Columbia in an amount which 6 bears the same proportion to the total 7 amount provided under this subpara- 8 graph as the relative prevalence of 9 COVID–19 within each such entity 10 bears to the total prevalence of 11 COVID–19 within all such entities: 12 Provided, That the relative prevalence 13 of COVID–19 shall be calculated 14 using the most recent data on the 15 number of confirmed and probable 16 cases as published on the Internet by 17 the Centers for Disease Control and 18 Prevention for each entity specified in 19 the preceding proviso; 20 (4) $250,000,000,000 shall be for making an 21 additional payment to each of the 50 States and the 22 District of Columbia, of which— 23 28 •HR 6800 EH (A) $51,000,000,000 shall be allocated 1 equally between each of the 50 States and the 2 District of Columbia; and 3 (B) $199,000,000,000 shall be allocated 4 between each such entity in an additional 5 amount which bears the same proportion to the 6 total amount provided under this subparagraph 7 as the average estimated number of seasonally- 8 adjusted unemployed individuals (as measured 9 by the Bureau of Labor Statistics Local Area 10 Unemployment Statistics program) in each such 11 entity over the 3-month period ending in March 12 2021 bears to the average estimated number of 13 seasonally-adjusted unemployed individuals in 14 all such entities over the same period. 15 Provided further, That any entity receiving a payment 16 from funds made available under this heading in this Act 17 shall only use such amounts to respond to, mitigate, cover 18 costs or replace foregone revenues not projected on Janu- 19 ary 31, 2020 stemming from the public health emergency, 20 or its negative economic impacts, with respect to the 21 Coronavirus Disease (COVID–19): Provided further, That 22 if the Inspector General of the Department of the Treas- 23 ury determines that an entity receiving a payment from 24 amounts provided under this heading has failed to comply 25 29 •HR 6800 EH with the preceding proviso, the amount equal to the 1 amount of funds used in violation of such subsection shall 2 be booked as a debt of such entity owed to the Federal 3 Government, and any amounts recovered under this sub- 4 section shall be deposited into the general fund of the 5 Treasury as discretionary offsetting receipts: Provided fur- 6 ther, That for purposes of the preceding provisos under 7 this heading in this Act, the population of each entity de- 8 scribed in any such proviso shall be determined based on 9 the most recent year for which data are available from 10 the Bureau of the Census, or in the case of an Indian 11 tribe, shall be determined based on data certified by the 12 Tribal government: Provided further, That as used under 13 this heading in this Act, the terms ‘‘Tribal government’’ 14 and ‘‘Indian Tribe’’ have the same meanings as specified 15 in section 601(g) of the Social Security Act (42 U.S.C. 16 601(g)), as added by section 5001 of the CARES Act 17 (Public Law 116–136) and amended by section 191301 18 of division X of this Act, and the term ‘‘State’’ means 19 one of the 50 States: Provided further, That the Secretary 20 of Treasury shall make all payments required pursuant 21 to paragraphs (1), (2), and (3) not later than 30 days 22 after the date of enactment of this Act, and shall make 23 all payments required pursuant to paragraph (4) not later 24 than May 3, 2021: Provided further, That such amount 25 30 •HR 6800 EH is designated by the Congress as being for an emergency 1 requirement pursuant to section 251(b)(2)(A)(i) of the 2 Balanced Budget and Emergency Deficit Control Act of 3 1985. 4 CORONAVIRUS LOCAL FISCAL RELIEF FUND 5 For making payments to metropolitan cities, coun- 6 ties, and other units of general local government to miti- 7 gate the fiscal effects stemming from the public health 8 emergency with respect to the Coronavirus Disease 9 (COVID–19), $375,000,000,000, to remain available until 10 expended, which shall be in addition to any other amounts 11 available for making payments to metropolitan cities, 12 counties, and other units of general local government (in- 13 cluding payments made under section 601 of the Social 14 Security Act), of which— 15 (1) $187,500,000,000 shall be for making pay- 16 ments to metropolitan cities and other units of gen- 17 eral local government (as those terms are defined in 18 section 102 of the Housing and Community Devel- 19 opment Act of 1974 (42 U.S.C. 5302)), of which— 20 (A) $131,250,000,000 shall be allocated 21 pursuant to the formula under section 22 106(b)(1) of the Housing and Community De- 23 velopment Act of 1974 (42 U.S.C. 5306(b)(1)) 24 to metropolitan cities (as defined in section 25 31 •HR 6800 EH 102(a)(4) of such Act (42 U.S.C. 5302(a)(4)), 1 including metropolitan cities that have relin- 2 quished or deferred their status as a metropoli- 3 tan city as of the date of enactment of this Act: 4 Provided, That $87,500,000,000 of the funds 5 provided under this subparagraph shall be paid 6 not later than 30 days after the date of enact- 7 ment of this Act: Provided further, That 8 $43,750,000,000 of the funds provided under 9 this subparagraph shall be paid not earlier than 10 April 15, 2021, but not later than May 3, 2021; 11 and 12 (B) $56,250,000,000 shall be distributed 13 to each State (as that term is defined in section 14 102 of the Housing and Community Develop- 15 ment Act of 1974 (42 U.S.C. 5302)) for use by 16 units of general local government, other than 17 counties or parishes, in nonentitlement areas 18 (as defined in such section 102) of such States 19 in an amount which bears the same proportion 20 to the total amount provided under this sub- 21 paragraph as the total population of such units 22 of general local government within the State 23 bears to the total population of all such units 24 of general local government in all such States: 25 32 •HR 6800 EH Provided, That two-thirds of the funds provided 1 under this subparagraph and allocated to each 2 such unit of general local government shall be 3 distributed to each such unit of general local 4 government not later than 30 days after the 5 date of enactment of this Act: Provided further, 6 That the remainder of the funds provided under 7 this subparagraph and allocated to each such 8 unit of general local government shall be dis- 9 tributed to each such unit of general local gov- 10 ernment not earlier than April 15, 2021, but 11 not later than May 3, 2021: Provided further, 12 That a State shall pass-through the amounts 13 received under this subparagraph, within 30 14 days of receipt, to each such unit of general 15 local government in an amount that bears the 16 same proportion to the amount distributed to 17 each such State as the population of such unit 18 of general local government bears to the total 19 population of all such units of general local gov- 20 ernment within each such State: Provided fur- 21 ther, That if a State has not elected to dis- 22 tribute amounts allocated under this paragraph, 23 the Secretary of the Treasury shall pay the ap- 24 plicable amounts under this subparagraph to 25 33 •HR 6800 EH such units of general local government in the 1 State not later than 30 days after the date on 2 which the State would otherwise have received 3 the amounts from the Secretary; and 4 (2) $187,500,000,000 shall be paid directly to 5 counties within the 50 States, the District of Colum- 6 bia, the Commonwealth of Puerto Rico, the United 7 States Virgin Islands, Guam, the Commonwealth of 8 the Northern Mariana Islands, and American Samoa 9 in an amount which bears the same proportion to 10 the total amount provided under this paragraph as 11 the relative population of each such county bears to 12 the total population of all such entities: Provided, 13 That two-thirds of the funds provided under this 14 paragraph and allocated to each such county shall be 15 distributed to each such county not later than 30 16 days after the date of enactment of this Act: Pro- 17 vided further, That the remainder of the amount al- 18 located to each such county under this paragraph 19 shall be distributed to each such county not earlier 20 than April 15, 2021, but not later than May 3, 21 2021: Provided further, That no county that is an 22 ‘‘urban county’’ (as defined in section 102 of the 23 Housing and Community Development Act of 1974 24 (42 U.S.C. 5302)) shall receive less than the amount 25 34 •HR 6800 EH the county would otherwise receive if the amount 1 distributed under this paragraph were allocated to 2 metropolitan cities and urban counties under section 3 106(b) of the Housing and Community Development 4 Act of 1974 (42 U.S.C. 5306(b)): Provided further, 5 That in the case of an amount to be paid to a coun- 6 ty that is not a unit of general local government, the 7 amount shall instead be paid to the State in which 8 such county is located, and such State shall dis- 9 tribute such amount to units of general local govern- 10 ment within such county in an amounts that bear 11 the same proportion as the population of such units 12 of general local government bear to the total popu- 13 lation of such county: Provided further, That for 14 purposes of this paragraph, the District of Columbia 15 shall be considered to consist of a single county that 16 is a unit of general local government: 17 Provided further, That any entity receiving a payment 18 from funds made available under this heading in this Act 19 shall only use such amounts to respond to, mitigate, cover 20 costs or replace foregone revenues not projected on Janu- 21 ary 31, 2020 stemming from the public health emergency, 22 or its negative economic impacts, with respect to the 23 Coronavirus Disease (COVID–19): Provided further, That 24 if the Inspector General of the Department of the Treas- 25 35 •HR 6800 EH ury determines that an entity receiving a payment from 1 amounts provided under this heading has failed to comply 2 with the preceding proviso, the amount equal to the 3 amount of funds used in violation of such subsection shall 4 be booked as a debt of such entity owed to the Federal 5 Government, and any amounts recovered under this sub- 6 section shall be deposited into the general fund of the 7 Treasury as discretionary offsetting receipts: Provided fur- 8 ther, That nothing in paragraph (1) or (2) shall be con- 9 strued as prohibiting a unit of general local government 10 that has formed a consolidated government, or that is geo- 11 graphically contained (in full or in part) within the bound- 12 aries of another unit of general local government from re- 13 ceiving a distribution under each of subparagraphs (A) 14 and (B) under paragraph (1) or under paragraph (2), as 15 applicable, based on the respective formulas specified con- 16 tained therein: Provided further, That the amounts other- 17 wise determined for distribution to units of local govern- 18 ment under each of subparagraphs (A) and (B) under 19 paragraph (1) and under paragraph (2) shall each be ad- 20 justed by the Secretary of the Treasury on a pro rata basis 21 to the extent necessary to comply with the amount appro- 22 priated and the requirements specified in each paragraph 23 and subparagraph, as applicable: Provided further, That 24 as used under this heading in this Act, the term ‘‘county’’ 25 36 •HR 6800 EH means a county, parish, or other equivalent county divi- 1 sion (as defined by the Bureau of the Census): Provided 2 further, That for purposes of the preceding provisos under 3 this heading in this Act, the population of an entity shall 4 be determined based on the most recent year for which 5 data are available from the Bureau of the Census: Pro- 6 vided further, That such amount is designated by Congress 7 as being for an emergency requirement pursuant to sec- 8 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 9 gency Deficit Control Act of 1985. 10 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS 11 FUND PROGRAM ACCOUNT 12 For an additional amount for the ‘‘Community Devel- 13 opment Financial Institutions Fund Program Account’’, 14 $1,000,000,000, to remain available until September 30, 15 2021, to prevent, prepare for, and respond to coronavirus: 16 Provided, That the Community Development Financial In- 17 stitutions Fund (CDFI) shall provide grants using a for- 18 mula that takes into account criteria such as certification 19 status, financial and compliance performance, portfolio 20 and balance sheet strength, and program capacity: Pro- 21 vided further, That not less than $25,000,000 shall be for 22 financial assistance, technical assistance, and training and 23 outreach programs designed to benefit Native American, 24 Native Hawaiian, and Alaska Native communities: Pro- 25 37 •HR 6800 EH vided further, That the CDFI Fund shall make funds 1 available under this subsection within 60 days of the date 2 of enactment of this Act: Provided further, That funds 3 made available under this heading may be used for admin- 4 istrative expenses, including administration of CDFI 5 Fund programs and the New Markets Tax Credit Pro- 6 gram: Provided further, That such amount is designated 7 by the Congress as being for an emergency requirement 8 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 9 et and Emergency Deficit Control Act of 1985. 10 ADMINISTRATIVE PROVISION—INTERNAL REVENUE 11 SERVICE 12 (INCLUDING TRANSFER OF FUNDS) 13 SEC. 10301. In addition to the amounts otherwise 14 available to the Internal Revenue Service in fiscal year 15 2020, $520,000,000, to remain available until September 16 30, 2021, shall be available to prevent, prepare for, and 17 respond to coronavirus, including for costs associated with 18 the extended filing season: Provided, That such funds may 19 be transferred by the Commissioner to the ‘‘Taxpayer 20 Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ ac- 21 counts of the Internal Revenue Service for an additional 22 amount to be used solely to prevent, prepare for, and re- 23 spond to coronavirus, domestically or internationally: Pro- 24 vided further, That the Committees on Appropriations of 25 38 •HR 6800 EH the House of Representatives and the Senate shall be noti- 1 fied in advance of any such transfer: Provided further, 2 That such transfer authority is in addition to any other 3 transfer authority provided by law: Provided further, That 4 not later than 30 days after the date of enactment of this 5 Act, the Commissioner shall submit to the Committees on 6 Appropriations of the House of Representatives and the 7 Senate a spending plan for such funds: Provided further, 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 INDEPENDENT AGENCIES 13 ELECTION ASSISTANCE COMMISSION 14 ELECTION RESILIENCE GRANTS 15 (INCLUDING TRANSFER OF FUNDS) 16 For an additional amount for payments by the Elec- 17 tion Assistance Commission to States for contingency 18 planning, preparation, and resilience of elections for Fed- 19 eral office, $3,600,000,000, to remain available until Sep- 20 tember 30, 2021: Provided, That of the amount provided 21 under this heading, up to $5,000,000 may be transferred 22 to and merged with ‘‘Election Assistance Commission— 23 Salaries and Expenses’’: Provided further, That under this 24 heading the term ‘‘State’’ means each of the 50 States, 25 39 •HR 6800 EH the District of Columbia, the Commonwealth of Puerto 1 Rico, Guam, American Samoa, the United States Virgin 2 Islands, and the Commonwealth of the Northern Mariana 3 Islands: Provided further, That the amount of the pay- 4 ments made to a State under this heading shall be con- 5 sistent with sections 101(d) and 103 of the Help America 6 Vote Act of 2002 (52 U.S.C. 20903): Provided further, 7 That for the purposes of the preceding proviso, each ref- 8 erence to ‘‘$5,000,000’’ in such section 103 shall be 9 deemed to refer to ‘‘$7,500,000’’: Provided further, That 10 not later than 30 days after the date of enactment of this 11 Act, the Election Assistance Commission shall obligate the 12 funds to States under this heading in this Act: Provided 13 further, That not less than 50 percent of the amount of 14 the payment made to a State under this heading in this 15 Act shall be allocated in cash or in kind to the units of 16 local government which are responsible for the administra- 17 tion of elections for Federal office in the State: Provided 18 further, That such amount is designated by the Congress 19 as being for an emergency requirement pursuant to sec- 20 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 21 gency Deficit Control Act of 1985. 22 40 •HR 6800 EH ADMINISTRATIVE PROVISION—ELECTION ASSISTANCE 1 COMMISSION 2 SEC. 10302. (a) The last proviso under the heading 3 ‘‘Election Assistance Commission—Election Security 4 Grants’’ in the Financial Services and General Govern- 5 ment Appropriations Act, 2020 (division C of Public Law 6 116–93; 133 Stat. 2461) shall not apply with respect to 7 any payment made to a State using funds appropriated 8 or otherwise made available to the Election Assistance 9 Commission under the Coronavirus Aid, Relief, and Eco- 10 nomic Security Act (Public Law 116–136). 11 (b) The first proviso under the heading ‘‘Election As- 12 sistance Commission—Election Security Grants’’ in the 13 Coronavirus Aid, Relief, and Economic Security Act (Pub- 14 lic Law 116–136) is amended by striking ‘‘within 20 days 15 of each election in the 2020 Federal election cycle in that 16 State,’’ and inserting ‘‘not later than October 30, 2021,’’. 17 (c) The fourth proviso under the heading ‘‘Election 18 Assistance Commission—Election Security Grants’’ in the 19 Coronavirus Aid, Relief, and Economic Security Act (Pub- 20 lic Law 116–136) is amended by striking ‘‘December 31, 21 2020’’ and inserting ‘‘September 30, 2021’’. 22 (d) Notwithstanding any requirement that a State 23 legislature appropriate and release any funds made avail- 24 able under the Help America Vote Act of 2002, the chief 25 41 •HR 6800 EH election official of each State shall have access to the funds 1 made available under the heading ‘‘Election Assistance 2 Commission—Election Security Grants’’ in this Act and 3 in the Coronavirus Aid, Relief, and Economic Security Act 4 (Public Law 116–136) without any such action by the 5 State legislature. 6 (e) A State may elect to reallocate funds allocated 7 under the heading ‘‘Election Assistance Commission— 8 Election Security Grants’’ in the Coronavirus Aid, Relief, 9 and Economic Security Act (Public Law 116–136) or 10 under this heading in this Act as funds allocated under 11 the heading ‘‘Election Assistance Commission—Election 12 Security Grants’’ in the Financial Services and General 13 Government Appropriations Act, 2020 (division C of Pub- 14 lic Law 116–93; 133 Stat. 2461) that were spent to pre- 15 vent, prepare for, and respond to coronavirus, domestically 16 or internationally, for the 2020 Federal election cycle; or 17 funds allocated under the heading ‘‘Election Assistance 18 Commission—Election Reform Program’’ in the Financial 19 Services and Government Appropriations Act, 2018 (divi- 20 sion E of Public Law 115–141) that were spent to pre- 21 vent, prepare for, and respond to coronavirus, domestically 22 or internationally, for the 2020 Federal election cycle. 23 42 •HR 6800 EH (f) This section shall take effect as if included in the 1 enactment of the Coronavirus Aid, Relief, and Economic 2 Security Act (Public Law 116–136). 3 (g) The amounts repurposed pursuant to this section 4 that were previously designated by the Congress as an 5 emergency requirement pursuant to the Balanced Budget 6 and Emergency Deficit Control Act of 1985 are des- 7 ignated by the Congress as an emergency requirement 8 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 9 et and Emergency Deficit Control Act of 1985. 10 FEDERAL COMMUNICATIONS COMMISSION 11 SALARIES AND EXPENSES 12 For an additional amount for ‘‘Salaries and Ex- 13 penses’’, $24,000,000, to remain available until September 14 30, 2021, for implementing title VIII of the Communica- 15 tions Act of 1934 (47 U.S.C. 641 et seq.), as added by 16 the Broadband DATA Act (Public Law 116–130): Pro- 17 vided, 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 EMERGENCY CONNECTIVITY FUND 22 For an additional amount for the ‘‘Emergency 23 Connectivity Fund’’, $1,500,000,000, to remain available 24 until September 30, 2021, to prevent, prepare for, and re- 25 43 •HR 6800 EH spond to coronavirus, domestically or internationally, 1 through the provision of funding for Wi-fi hotspots, other 2 equipment, connected devices, and advanced telecommuni- 3 cations and information services to schools and libraries 4 as authorized in section 130201: 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 EMERGENCY BROADBAND CONNECTIVITY FUND 10 For an additional amount for the ‘‘Emergency 11 Broadband Connectivity Fund’’, $4,000,000,000, to re- 12 main available until September 30, 2021, to prevent, pre- 13 pare for, and respond to coronavirus, domestically or 14 internationally, through the provision of an emergency 15 benefit for broadband service as authorized in section 16 130301: Provided, That such amount is designated by the 17 Congress as being for an emergency requirement pursuant 18 to section 251(b)(2)(A)(i) of the Balanced Budget and 19 Emergency Deficit Control Act of 1985. 20 GENERAL SERVICES ADMINISTRATION 21 TECHNOLOGY MODERNIZATION FUND 22 For an additional amount for the ‘‘Technology Mod- 23 ernization Fund’’, $1,000,000,000, to remain available 24 until September 30, 2022, for technology-related mod- 25 44 •HR 6800 EH ernization activities to prevent, prepare for, and respond 1 to coronavirus, domestically or internationally: Provided, 2 That such amount is designated by the Congress as being 3 for an emergency requirement pursuant to section 4 251(b)(2)(A)(i) of the Balanced Budget and Emergency 5 Deficit Control Act of 1985. 6 OFFICE OF PERSONNEL MANAGEMENT 7 OFFICE OF INSPECTOR GENERAL 8 SALARIES AND EXPENSES 9 For an additional amount for ‘‘Salaries and Ex- 10 penses’’, $1,000,000, to remain available until expended 11 to prevent, prepare for, and respond to coronavirus, do- 12 mestically or internationally: Provided, That such amount 13 is designated by the Congress as being for an emergency 14 requirement pursuant to section 251(b)(2)(A)(i) of the 15 Balanced Budget and Emergency Deficit Control Act of 16 1985. 17 SMALL BUSINESS ADMINISTRATION 18 EMERGENCY EIDL GRANTS 19 For an additional amount for ‘‘Emergency EIDL 20 Grants’’ for the cost of emergency EIDL grants author- 21 ized by section 1110 of division A of the CARES Act 22 (Public Law 116–136), $10,000,000,000, to remain avail- 23 able until expended, to prevent, prepare for, and respond 24 to coronavirus, domestically or internationally: Provided, 25 45 •HR 6800 EH 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 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS 5 ADMINISTRATION 6 SEC. 10303. (a) The third proviso under the heading 7 ‘‘Small Business Administration—Business Loans Pro- 8 gram Account’’ in the Financial Services and General 9 Government Appropriations Act, 2020 (division C of Pub- 10 lic Law 116–93) is amended by striking 11 ‘‘$30,000,000,000’’ and inserting ‘‘$75,000,000,000’’. 12 (b) The sixth proviso under the heading ‘‘Small Busi- 13 ness Administration—Business Loans Program Account’’ 14 in the Financial Services and General Government Appro- 15 priations Act, 2020 (division C of Public Law 116–93) 16 is amended by striking ‘‘$12,000,000,000’’ and inserting 17 ‘‘$35,000,000,000’’. 18 UNITED STATES POSTAL SERVICE 19 PAYMENT TO POSTAL SERVICE FUND 20 For an additional payment to the ‘‘Postal Service 21 Fund’’, for revenue forgone due to coronavirus, 22 $25,000,000,000, to remain available until September 30, 23 2022: Provided, That the Postal Service, during the 24 coronavirus emergency, shall prioritize the purchase of, 25 46 •HR 6800 EH and make available to all Postal Service employees and 1 facilities, personal protective equipment, including gloves, 2 masks, and sanitizers, and shall conduct additional clean- 3 ing and sanitizing of Postal Service facilities and delivery 4 vehicles: 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 OFFICE OF INSPECTOR GENERAL 9 SALARIES AND EXPENSES 10 For an additional amount for ‘‘Salaries and Ex- 11 penses’’, $15,000,000, to remain available until expended, 12 to prevent, prepare for, and respond to coronavirus, do- 13 mestically or internationally: Provided, 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 GENERAL PROVISIONS—THIS TITLE 19 SEC. 10304. (a) Title V of division B of the CARES 20 Act (Public Law 116–136) is amended in the first proviso 21 under the heading ‘‘Independent Agencies—Pandemic Re- 22 sponse Accountability Committee’’ by inserting ‘‘or any 23 other Act (including Acts other than appropriations 24 Acts)’’ after ‘‘provided in this Act’’. 25 47 •HR 6800 EH (b) Amounts repurposed under this section that were 1 previously designated by the Congress, respectively, as an 2 emergency requirement or as being for disaster relief pur- 3 suant to the Balanced Budget and Emergency Deficit 4 Control Act are designated by the Congress as being for 5 an emergency requirement pursuant to section 6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 7 Deficit Control Act of 1985 or as being for disaster relief 8 pursuant to section 251(b)(2)(D) of the Balanced Budget 9 and Emergency Deficit Control Act of 1985. 10 SEC. 10305. Title V of division B of the CARES Act 11 (Public Law 116–136) is amended by striking the fifth 12 proviso under the heading ‘‘General Services Administra- 13 tion—Real Property Activities—Federal Buildings 14 Fund’’: Provided, That the amounts repurposed pursuant 15 to this section that were previously designated by the Con- 16 gress as an emergency requirement pursuant to the Bal- 17 anced Budget and Emergency Deficit Control Act of 1985 18 are designated by the Congress as an emergency require- 19 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 20 Budget and Emergency Deficit Control Act of 1985. 21 SEC. 10306. For an additional amount for ‘‘Depart- 22 ment of the Treasury—Departmental Offices— 23 Coronavirus Relief Fund’’, an amount equal to— 24 (1) $1,250,000,000; less 25 48 •HR 6800 EH (2) the amount allocated for the District of Co- 1 lumbia pursuant to section 601(c)(6) of the Social 2 Security Act: 3 Provided, That such amounts shall only be available for 4 making a payment to the District of Columbia, and shall 5 be in addition to any other funds available for such pur- 6 pose: Provided further, That the Secretary of the Treasury 7 shall pay all amounts provided by this section directly to 8 the District of Columbia not less than 5 days after the 9 date of enactment of this Act: Provided further, That the 10 District of Columbia shall use such amounts only to cover 11 costs or replace foregone revenues stemming from the pub- 12 lic health emergency with respect to the Coronavirus Dis- 13 ease (COVID–19): Provided further, That such amount is 14 designated by Congress as being for an emergency require- 15 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 16 Budget and Emergency Deficit Control Act of 1985. 17 TITLE IV—HOMELAND SECURITY 18 DEPARTMENT OF HOMELAND SECURITY 19 OFFICE OF INSPECTOR GENERAL 20 OPERATIONS AND SUPPORT 21 For an additional amount for ‘‘Operations and Sup- 22 port’’, $3,000,000, to remain available until September 23 30, 2022, for oversight of activities of the Department of 24 Homeland Security funded in this Act and in title VI of 25 49 •HR 6800 EH division B of Public Law 116–136 to prevent, prepare for, 1 and respond to coronavirus: Provided, That such amount 2 is designated by the Congress as being for an emergency 3 requirement pursuant to section 251(b)(2)(A)(i) of the 4 Balanced Budget and Emergency Deficit Control Act of 5 1985. 6 FEDERAL EMERGENCY MANAGEMENT AGENCY 7 FEDERAL ASSISTANCE 8 For an additional amount for ‘‘Federal Assistance’’, 9 $1,300,000,000, to remain available until September 30, 10 2021, to prevent, prepare for, and respond to coronavirus, 11 of which $500,000,000 shall be for Assistance to Fire- 12 fighter Grants for the purchase of personal protective 13 equipment and related supplies, mental health evaluations, 14 training, and temporary infectious disease de-contamina- 15 tion or sanitizing facilities and equipment; of which 16 $500,000,000 shall be for Staffing for Adequate Fire and 17 Emergency Response Grants; of which $100,000,000 shall 18 be for Emergency Management Performance Grants; and 19 of which $200,000,000 shall be for the Emergency Food 20 and Shelter Program: Provided, That such amount is des- 21 ignated 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 50 •HR 6800 EH GENERAL PROVISIONS—THIS TITLE 1 SEC. 10401. Notwithstanding any other provision of 2 law, funds made available under ‘‘Federal Emergency 3 Management Agency—Federal Assistance’’ shall only be 4 used for the purposes specifically described under that 5 heading. 6 SEC. 10402. (a) Subsections (c)(2), (f), (g)(1), 7 (h)(1)–(4), (h)(6), and (k) of section 33 of the Federal 8 Fire Prevention and Control Act of 1974 (15 U.S.C. 9 2229) shall not apply to amounts appropriated for ‘‘Fed- 10 eral Emergency Management Agency – Federal Assist- 11 ance’’ for Assistance to Firefighter Grants in this Act. 12 (b) Subsection (k) of section 33 of the Federal Fire 13 Prevention and Control Act of 1974 (15 U.S.C. 2229) 14 shall not apply to Amounts provided for ‘‘Federal Emer- 15 gency Management Agency–Federal Assistance’’ for As- 16 sistance to Firefighter Grants in title III of division D 17 of Public Law 116–93 and in title VI of division B of Pub- 18 lic Law 116–136. 19 (c) Amounts repurposed under this section that were 20 previously designated by the Congress, respectively, as an 21 emergency requirement or as being for disaster relief pur- 22 suant to the Balanced Budget and Emergency Deficit 23 Control Act are designated by the Congress as being for 24 an emergency requirement pursuant to section 25 51 •HR 6800 EH 251(b)(2)(A)(i) of the Balanced Budget and Emergency 1 Deficit Control Act of 1985 or as being for disaster relief 2 pursuant to section 251(b)(2)(D) of the Balanced Budget 3 and Emergency Deficit Control Act of 1985. 4 SEC. 10403. Subsections (a)(1)(A), (a)(1)(B), 5 (a)(1)(E), (a)(1)(G), (c)(1), (c)(2), and (c)(4) of section 6 34 of the Federal Fire Prevention and Control Act of 1974 7 (15 U.S.C. 2229a) shall not apply to amounts appro- 8 priated for ‘‘Federal Emergency Management Agency – 9 Federal Assistance’’ for Staffing for Adequate Fire and 10 Emergency Response Grants in this Act and in division 11 D, title III of the Consolidated Appropriations Act, 2020 12 (Public Law 116–93). 13 TITLE V—INTERIOR, ENVIRONMENT, AND 14 RELATED AGENCIES 15 DEPARTMENT OF THE INTERIOR 16 UNITED STATES FISH AND WILDLIFE SERVICE 17 RESOURCE MANAGEMENT 18 For an additional amount for ‘‘Resource Manage- 19 ment’’, $21,000,000, to remain available until expended 20 for research; listing injurious species; electronic permitting 21 system development; operation and maintenance; law en- 22 forcement interdiction and inspections; and other support 23 activities, as described in sections 190402, 190403, and 24 190404 of division S of this Act: Provided, That amounts 25 52 •HR 6800 EH may be transferred to ‘‘Surveys, Investigations and Re- 1 search’’ in the United States Geological Survey; ‘‘National 2 Oceanic and Atmospheric Administration’’ in the Depart- 3 ment of Commerce; and the ‘‘Center for Disease Control’’ 4 in the Department of Health and Human Services: Pro- 5 vided further, That such amount is designated by the Con- 6 gress as being for an emergency requirement pursuant to 7 section 251(b)(2)(A)(i) of the Balanced Budget and 8 Emergency Deficit Control Act of 1985. 9 STATE AND TRIBAL WILDLIFE GRANTS 10 For an additional amount for ‘‘State and Tribal 11 Wildlife Grants’’, $50,000,000, to remain available until 12 expended, for a onetime grant program as described in 13 section 190405 of division S of this Act: Provided, 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 UNITED STATES GEOLOGICAL SURVEY 19 SURVEYS, INVESTIGATIONS, AND RESEARCH 20 For an additional amount for ‘‘Surveys, Investiga- 21 tions, and Research’’, $40,000,000, to remain available 22 until September 30, 2021, for technical assistance, bio- 23 surveillance of wildlife and environmental persistence 24 studies and related research, database development, and 25 53 •HR 6800 EH accompanying activities as described in section 190404 of 1 division S of this Act: Provided, That such amount is des- 2 ignated by the Congress as being for an emergency re- 3 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 4 anced Budget and Emergency Deficit Control Act of 1985. 5 BUREAU OF INDIAN AFFAIRS 6 OPERATION OF INDIAN PROGRAMS 7 For an additional amount for ‘‘Operation of Indian 8 Programs’’, $900,000,000, to remain available until Sep- 9 tember 30, 2021, to prevent, prepare for, and respond to 10 coronavirus, of which— 11 (1) $100,000,000 shall be for housing improve- 12 ment; 13 (2) $780,000,000 shall be for providing Tribal 14 government services, for Tribal government em- 15 ployee salaries to maintain operations, and cleaning 16 and sanitization of Tribally owned and operated fa- 17 cilities; and 18 (3) $20,000,000 shall be used to provide and 19 deliver potable water; and, 20 Provided, That none of the funds appropriated herein shall 21 be obligated until 3 days after the Bureau of Indian Af- 22 fairs provides a detailed spend plan, which includes dis- 23 tribution and use of funds by Tribe, to the Committees 24 on Appropriations of the House of Representatives and the 25 54 •HR 6800 EH Senate: Provided further, That the Bureau shall notify the 1 Committees on Appropriations of the House of Represent- 2 atives and the Senate quarterly on the obligations and ex- 3 penditures of the funds provided by this Act: Provided fur- 4 ther, That assistance received herein shall not be included 5 in the calculation of funds received by those Tribal govern- 6 ments who participate in the ‘‘Small and Needy’’ program: 7 Provided further, That such amounts, if transferred to In- 8 dian Tribes and Tribal organizations under the Indian 9 Self-Determination and Education Assistance Act (1) will 10 be transferred on a one-time basis, (2) are non-recurring 11 funds that are not part of the amount required by 25 12 U.S.C. 5325, and (3) may only be used for the purposes 13 identified under this heading in this Act, notwithstanding 14 any other provision of law: Provided further, That section 15 11008 of this Act shall not apply to tribal contracts en- 16 tered into by the Bureau of Indian Affairs with this appro- 17 priation: Provided further, That such amount is designated 18 by the Congress as being for an emergency requirement 19 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 20 et and Emergency Deficit Control Act of 1985. 21 55 •HR 6800 EH DEPARTMENTAL OFFICES 1 INSULAR AFFAIRS 2 ASSISTANCE TO TERRITORIES 3 For an additional amount for ‘‘Assistance to Terri- 4 tories’’, $1,000,000,000, to remain available until ex- 5 pended, to prevent, prepare for, and respond to 6 coronavirus, of which (1) $945,000,000 is for Capital Im- 7 provement Project grants for hospitals and other critical 8 infrastructure; and (2) $55,000,000 is for territorial as- 9 sistance, including general technical assistance: Provided, 10 That any appropriation for disaster assistance under this 11 heading in this Act or previous appropriations Acts may 12 be used as non-Federal matching funds for the purpose 13 of hazard mitigation grants provided pursuant to section 14 404 of the Robert T. Stafford Disaster Relief and Emer- 15 gency Assistance Act (42 U.S.C. 5170c): Provided further, 16 That amounts repurposed pursuant to this section that 17 were previously designated by the Congress as an emer- 18 gency requirement pursuant to the Balanced Budget and 19 Emergency Deficit Control Act of 1985 are designated by 20 the Congress as an emergency requirement pursuant to 21 section 251(b)(2)(A)(i) of the Balanced Budget and 22 Emergency Deficit Control Act of 1985: Provided further, 23 That such amount is designated by the Congress as being 24 for an emergency requirement pursuant to section 25 56 •HR 6800 EH 251(b)(2)(A)(i) of the Balanced Budget and Emergency 1 Deficit Control Act of 1985. 2 OFFICE OF INSPECTOR GENERAL 3 SALARIES AND EXPENSES 4 For an additional amount for ‘‘Salaries and Ex- 5 penses’’ , $5,000,000, to remain available until expended: 6 Provided, That such amount is designated by the Congress 7 as being for an emergency requirement pursuant to sec- 8 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 9 gency Deficit Control Act of 1985. 10 ENVIRONMENTAL PROTECTION AGENCY 11 ENVIRONMENTAL PROGRAMS AND MANAGEMENT 12 For an additional amount for ‘‘Environmental Pro- 13 grams and Management’’, $50,000,000, to remain avail- 14 able until September 30, 2021, for environmental justice 15 grants as described in section 190702 of division S of this 16 Act: Provided, That such amount is designated by the 17 Congress as being for an emergency requirement pursuant 18 to section 251(b)(2)(A)(i) of the Balanced Budget and 19 Emergency Deficit Control Act of 1985. 20 57 •HR 6800 EH DEPARTMENT OF HEALTH AND HUMAN 1 SERVICES 2 INDIAN HEALTH SERVICE 3 INDIAN HEALTH SERVICES 4 (INCLUDING TRANSFER OF FUNDS) 5 For an additional amount for ‘‘Indian Health Serv- 6 ices’’, $2,100,000,000, to remain available until expended, 7 to prevent, prepare for, respond to, and provide health 8 services related to coronavirus, of which— 9 (1) $1,000,000,000 shall be used to supplement 10 reduced third party revenue collections; 11 (2) $500,000,000 shall be used for direct health 12 and telehealth services, including to purchase sup- 13 plies and personal protective equipment; 14 (3) $140,000,000 shall be used to expand 15 broadband infrastructure and information tech- 16 nology for telehealth and electronic health record 17 system purposes; 18 (4) $20,000,000 shall be used to address the 19 needs of domestic violence victims and homeless indi- 20 viduals and families; 21 (5) not less than $64,000,000 shall be for 22 Urban Indian Organizations; and, 23 (6) not less than $10,000,000 shall be used to 24 provide and deliver potable water: 25 58 •HR 6800 EH Provided, That such funds shall be allocated at the discre- 1 tion of the Director of the Indian Health Service: Provided 2 further, That of the funds provided herein, not less than 3 $366,000,000 shall be transferred to and merged with 4 ‘‘Indian Health Service—Indian Health Facilities’’ at the 5 discretion of the Director to modify existing health facili- 6 ties to provide isolation or quarantine space, to purchase 7 and install updated equipment necessary, and for mainte- 8 nance and improvement projects necessary to the purposes 9 specified in this Act: Provided further, That such amounts 10 may be used to supplement amounts otherwise available 11 for such purposes under ‘‘Indian Health Facilities’’: Pro- 12 vided further, That such amounts, if transferred to Tribes 13 and Tribal organizations under the Indian Self-Deter- 14 mination and Education Assistance Act, will be trans- 15 ferred on a one-time basis and that these non-recurring 16 funds are not part of the amount required by section 106 17 of the Indian Self-Determination and Education Assist- 18 ance Act (25 U.S.C. 5325), and that such amounts may 19 only be used for the purposes identified under this heading 20 notwithstanding any other provision of law: Provided fur- 21 ther, That none of the funds appropriated under this head- 22 ing in this Act for telehealth broadband activities shall be 23 available for obligation until 3 days after the Indian 24 Health Service provides to the Committees on Appropria- 25 59 •HR 6800 EH tions of the House of Representatives and the Senate, a 1 detailed spend plan that includes the cost, location, and 2 expected completion date of each activity: Provided fur- 3 ther, That the Indian Health Service shall notify the Com- 4 mittees on Appropriations of the House of Representatives 5 and the Senate quarterly on the obligations and expendi- 6 tures of the funds provided by this Act: Provided further, 7 That section 11008 of this Act shall not apply to tribal 8 contracts entered into by the Bureau of Indian Affairs 9 with this appropriation: Provided further, That such 10 amount is designated by the Congress as being for an 11 emergency requirement pursuant to section 12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 13 Deficit Control Act of 1985. 14 NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES 15 NATIONAL ENDOWMENT FOR THE ARTS 16 GRANTS AND ADMINISTRATION 17 For an additional amount for ‘‘Grants and Adminis- 18 tration’’, $10,000,000 to remain available until September 19 30, 2021, for grants to respond to the impacts of 20 coronavirus: Provided, That such funds are available 21 under the same terms and conditions as grant funding ap- 22 propriated to this heading in Public Law 116–94: Pro- 23 vided further, That 40 percent of such funds shall be dis- 24 tributed to State arts agencies and regional arts organiza- 25 60 •HR 6800 EH tions and 60 percent of such funds shall be for direct 1 grants: Provided further, That notwithstanding any other 2 provision of law, such funds may also be used by the re- 3 cipients of such grants for purposes of the general oper- 4 ations of such recipients: Provided further, That the 5 matching requirements under subsections (e), (g)(4)(A), 6 and (p)(3) of section 5 of the National Foundation on the 7 Arts and Humanities Act of 1965 (20 U.S.C. 954) may 8 be waived with respect to such grants: Provided further, 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 NATIONAL ENDOWMENT FOR THE HUMANITIES 14 GRANTS AND ADMINISTRATION 15 For an additional amount for ‘‘Grants and Adminis- 16 tration’’, $10,000,000 to remain available until September 17 30, 2021, for grants to respond to the impacts of 18 coronavirus: Provided, That such funds are available 19 under the same terms and conditions as grant funding ap- 20 propriated to this heading in Public Law 116–94: Pro- 21 vided further, That 40 percent of such funds shall be dis- 22 tributed to state humanities councils and 60 percent of 23 such funds shall be for direct grants: Provided further, 24 That notwithstanding any other provision of law, such 25 61 •HR 6800 EH funds may also be used by the recipients of such grants 1 for purposes of the general operations of such recipients: 2 Provided further, That the matching requirements under 3 subsection (h)(2)(A) of section 7 of the National Founda- 4 tion on the Arts and Humanities Act of 1965 may be 5 waived with respect to such grants: 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 TITLE VI—DEPARTMENTS OF LABOR, HEALTH 11 AND HUMAN SERVICES, AND EDUCATION, 12 AND RELATED AGENCIES 13 DEPARTMENT OF LABOR 14 EMPLOYMENT AND TRAINING ADMINISTRATION 15 TRAINING AND EMPLOYMENT SERVICES 16 (INCLUDING TRANSFER OF FUNDS) 17 For an additional amount for ‘‘Training and Employ- 18 ment Services’’, $2,040,000,000, to prevent, prepare for, 19 and respond to coronavirus, of which $15,000,000 shall 20 be transferred to ‘‘Program Administration’’, to remain 21 available until September 30, 2021, to carry out activities 22 in this Act, Public Law 116–127 and Public Law 116– 23 136 for full-time equivalent employees, information tech- 24 nology upgrades needed to expedite payments and support 25 62 •HR 6800 EH implementation, including to expedite policy guidance and 1 disbursement of funds, technical assistance and other as- 2 sistance to States and territories to speed payment of Fed- 3 eral and State unemployment benefits, and of which the 4 remaining amounts shall be used to carry out activities 5 under the Workforce Innovation and Opportunity Act (re- 6 ferred to in this Act as ‘‘WIOA’’) as follows: 7 (1) $485,000,000 for grants to the States for 8 adult employment and training activities, including 9 incumbent worker trainings, transitional jobs, on- 10 the-job training, individualized career services, sup- 11 portive services, needs-related payments, and to fa- 12 cilitate remote access to training services provided 13 through a one-stop delivery system through the use 14 of technology, to remain available until June 30, 15 2021: Provided, That an adult shall not be required 16 to meet the requirements of section 134(c)(3)(B) of 17 the WIOA: Provided further, That an adult who 18 meets the requirements described in section 19 2102(a)(3)(A) of Public Law 116–136 may be eligi- 20 ble for participation: Provided further, That priority 21 may be given to individuals who are adversely im- 22 pacted by economic changes due to the coronavirus, 23 including individuals seeking employment, dislocated 24 workers, individuals with barriers to employment, in- 25 63 •HR 6800 EH dividuals who are unemployed, or individuals who 1 are underemployed; 2 (2) $518,000,000 for grants to the States for 3 youth activities, including supportive services, sum- 4 mer employment for youth, and to facilitate remote 5 access to training services provided through a one- 6 stop delivery system through the use of technology, 7 to remain available until June 30, 2021: Provided, 8 That individuals described in section 2102(a)(3)(A) 9 of Public Law 116–136 may be eligible for participa- 10 tion as an out-of-school youth if they meet the re- 11 quirements of clauses (i) and (ii) of section 12 129(a)(1)(B) or as in-school youth if they meet the 13 requirements of clauses (i) and (iii) of section 14 129(a)(1)(C) of the WIOA; Provided further, That 15 priority shall be given for out-of-school youth and 16 youth with multiple barriers to employment: Pro- 17 vided further, That funds shall support employer 18 partnerships for youth employment and subsidized 19 employment, and partnerships with community- 20 based organizations to support such employment; 21 (3) $597,000,000 for grants to States for dis- 22 located worker employment and training activities, 23 including incumbent worker trainings, transitional 24 jobs, on-the-job training, individualized career serv- 25 64 •HR 6800 EH ices, supportive services, needs-related payments, 1 and to facilitate remote access to training services 2 provided through a one-stop delivery system through 3 the use of technology, to remain available until June 4 30, 2021: Provided, That a dislocated worker shall 5 not be required to meet the requirements of section 6 134(c)(3)(B) of the WIOA: Provided further, That a 7 dislocated worker who meets the requirements de- 8 scribed in section 2102(a)(3)(A) of Public Law 116– 9 136 may be eligible for participation; 10 (4) $400,000,000 for the dislocated workers as- 11 sistance national reserve to remain available until 12 September 30, 2023; and 13 (5) $25,000,000 for migrant and seasonal 14 farmworker programs under section 167 of the 15 WIOA, including emergency supportive services, to 16 remain available until June 30, 2021, of which no 17 less than $500,000 shall be for the collection and 18 dissemination of electronic and printed materials re- 19 lated to coronavirus to the migrant and seasonal 20 farmworker population nationwide, including Puerto 21 Rico, through a cooperative agreement; 22 Provided, That the impact of the COVID–19 national 23 emergency may be considered as an additional factor for 24 reimbursement for on-the-job training under section 25 65 •HR 6800 EH 134(c)(3)(H) of the WIOA and as a factor in determining 1 an employer’s portion of the costs of providing customized 2 training under section 3(14) of the WIOA: Provided fur- 3 ther, That notwithstanding section 134(d)(5) of the 4 WIOA, a local board may use 40 percent of funds received 5 under paragraphs (1) and (3) for transitional jobs: Pro- 6 vided further, That notwithstanding section 194(10) of the 7 WIOA, that funds used to support transitional jobs may 8 also be used to support public service employment: Pro- 9 vided further, That sections 127(b)(1)(C)(iv)(III), 10 132(b)(1)(B)(iv)(III), and 132(b)(2)(B)(iii)(II) shall not 11 apply to funds appropriated under this heading: 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 WAGE AND HOUR DIVISION 17 SALARIES AND EXPENSES 18 For an additional amount for ‘‘Wage and Hour Divi- 19 sion’’, $6,500,000, to remain available until September 20 30, 2021, to prevent, prepare for, and respond to 21 coronavirus, including for the administration, oversight, 22 and coordination of worker protection activities related 23 thereto: Provided, That the Secretary of Labor shall use 24 funds provided under this heading to support enforcement 25 66 •HR 6800 EH activities and outreach efforts to make individuals, par- 1 ticularly low-wage workers, aware of their rights under di- 2 vision C and division E of Public Law 116–127: Provided 3 further, That such amount is designated by the Congress 4 as being for 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 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 8 SALARIES AND EXPENSES 9 For an additional amount for ‘‘Occupational Safety 10 and Health Administration’’, $100,000,000, to remain 11 available until September 30, 2021, for implementation of 12 section 120302 of The Heroes Act and for worker protec- 13 tion and enforcement activities to prevent, prepare for, 14 and respond to coronavirus, of which $25,000,000 shall 15 be for Susan Harwood training grants and at least 16 $70,000,000 shall be to hire additional compliance safety 17 and health officers, and for state plan enforcement, to pro- 18 tect workers from coronavirus by enforcing all applicable 19 standards and directives, including 29 CFR 1910.132, 29 20 CFR 1910.134, section 5(a)(1) of the Occupational Safety 21 and Health Act of 1970, and 29 CFR 1910.1030: Pro- 22 vided, That activities to protect workers from coronavirus 23 supported by funds provided under this heading includes 24 additional enforcement of standards and directives ref- 25 67 •HR 6800 EH erenced in the preceding proviso at slaughterhouses, poul- 1 try processing plants, and agricultural workplaces: Pro- 2 vided further, That within 15 days of the date of enact- 3 ment of this Act, the Secretary of Labor shall submit a 4 spending and hiring plan for the funds made available 5 under this heading, and a monthly staffing report until 6 all funds are expended, to the Committees on Appropria- 7 tions of the House of Representatives and the Senate: Pro- 8 vided further, That within 15 days of the date of enact- 9 ment of this Act, the Secretary of Labor shall submit a 10 plan for the additional enforcement activities described in 11 the third proviso to the Committees on Appropriations of 12 the House of Representatives and the Senate: Provided 13 further, That such amount is designated by the Congress 14 as being for an emergency requirement pursuant to sec- 15 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 16 gency Deficit Control Act of 1985. 17 OFFICE OF INSPECTOR GENERAL 18 For an additional amount for ‘‘Office of Inspector 19 General’’, $5,000,000, to remain available until expended, 20 to prevent, prepare for, and respond to coronavirus. Pro- 21 vided, 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 68 •HR 6800 EH ADMINISTRATIVE PROVISION—DEPARTMENT OF LABOR 1 SEC. 10601. There is hereby appropriated for fiscal 2 year 2021 for ‘‘Department of Labor—Employment 3 Training Administration—State Unemployment Insur- 4 ance and Employment Service Operations’’, $28,600,000, 5 to be expended from the Employment Security Adminis- 6 tration Account in the Unemployment Trust Fund (‘‘the 7 Trust Fund’’) to carry out title III of the Social Security 8 Act: Provided, That such amount shall only become avail- 9 able for obligation if the Average Weekly Insured Unem- 10 ployment (‘‘AWIU’’) for fiscal year 2021 is projected, by 11 the Department of Labor during fiscal year 2021 to ex- 12 ceed 1,728,000: Provided further, That to the extent that 13 the AWIU for fiscal year 2021 is projected by the Depart- 14 ment of Labor to exceed 1,728,000, an additional 15 $28,600,000 from the Trust Fund shall be made available 16 for obligation during fiscal year 2021 for every 100,000 17 increase in the AWIU level (including a pro rata amount 18 for any increment less than 100,000): Provided further, 19 That, except as specified in this section, amounts provided 20 herein shall be available under the same authority and 21 conditions applicable to funds provided to carry out title 22 III of the Social Security Act under the heading ‘‘Depart- 23 ment of Labor—Employment Training Administration— 24 State Unemployment Insurance and Employment Service 25 69 •HR 6800 EH Operations’’ in division A of Public Law 116–94: Provided 1 further, That such amounts shall be in addition to any 2 other funds made available in any fiscal year for such pur- 3 poses: Provided further, That such amount is designated 4 by the Congress as being for an emergency requirement 5 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 6 et and Emergency Deficit Control Act of 1985. 7 DEPARTMENT OF HEALTH AND HUMAN 8 SERVICES 9 HEALTH RESOURCES AND SERVICES ADMINISTRATION 10 PRIMARY HEALTH CARE 11 For an additional amount for ‘‘Primary Health 12 Care’’, $7,600,000,000, to remain available until Sep- 13 tember 30, 2025, for necessary expenses to prevent, pre- 14 pare for, and respond to coronavirus, for grants and coop- 15 erative agreements under the Health Centers Program, as 16 defined by section 330 of the Public Health Service Act, 17 and for grants to Federally qualified health centers, as 18 defined in section 1861(aa)(4)(B) of the Social Security 19 Act, and for eligible entities under the Native Hawaiian 20 Health Care Improvement Act, including maintenance or 21 expansion of health center and system capacity and staff- 22 ing levels: Provided, That sections 330(r)(2)(B), 23 330(e)(6)(A)(iii), and 330(e)(6)(B)(iii) shall not apply to 24 funds provided under this heading in this Act: Provided 25 70 •HR 6800 EH further, That funds provided under this heading in this 1 Act may be used to (1) purchase equipment and supplies 2 to conduct mobile testing for SARS–CoV–2 or COVID– 3 19; (2) purchase and maintain mobile vehicles and equip- 4 ment to conduct such testing; and (3) hire and train lab- 5 oratory personnel and other staff to conduct such mobile 6 testing: Provided further, That such amount is designated 7 by the Congress as being for an emergency requirement 8 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 9 et and Emergency Deficit Control Act of 1985. 10 RYAN WHITE HIV/AIDS PROGRAM 11 For an additional amount for ‘‘Ryan White HIV/ 12 AIDS Program’’, $10,000,000, to remain available until 13 September 30, 2022, to prevent, prepare for, and respond 14 to coronavirus: Provided, That awards from funds pro- 15 vided under this heading in this Act shall be through 16 modifications to existing contracts and supplements to ex- 17 isting grants and cooperative agreements under parts A, 18 B, C, D, F, and section 2692(a) of title XXVI of the Pub- 19 lic Health Service Act: Provided further, That such supple- 20 ments shall be awarded using a data-driven methodology 21 determined by the Secretary of Health and Human Serv- 22 ices: Provided further, That sections 2604(c), 2612(b), and 23 2651(c) of the Public Health Service Act shall not apply 24 to funds provided under this heading in this Act: Provided 25 71 •HR 6800 EH further, That the Secretary may waive any penalties and 1 administrative requirements as necessary to ensure that 2 the funds may be used efficiently: Provided further, That 3 such amount is designated by the Congress as being for 4 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 CENTERS FOR DISEASE CONTROL AND PREVENTION 8 CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT 9 For an additional amount for ‘‘CDC–Wide Activities 10 and Program Support’’, $2,130,000,000, to remain avail- 11 able until September 30, 2024, to prevent, prepare for, 12 and respond to coronavirus, domestically or internation- 13 ally: Provided, That of the amount provided under this 14 heading in this Act, $1,000,000,000 shall be for Public 15 Health Emergency Preparedness cooperative agreements 16 under section 319C–1 of the Public Health Service Act: 17 Provided further, That, of the amount provided under this 18 heading in this Act, $1,000,000,000 shall be for necessary 19 expenses for grants for core public health infrastructure 20 for State, local, Territorial, or Tribal health departments 21 as described in section 30550 of division C of this Act: 22 Provided further, That of the amount made available 23 under this heading in this Act for specified programs, not 24 less than $100,000,000 shall be allocated to tribes, tribal 25 72 •HR 6800 EH organizations, urban Indian health organizations, or 1 health service providers to tribes: Provided further, That 2 of the amount provided under this heading in this Act, 3 $130,000,000 shall be for public health data surveillance 4 and analytics infrastructure modernization: Provided fur- 5 ther, That funds appropriated under this heading in this 6 Act for grants may be used for the rent, lease, purchase, 7 acquisition, construction, alteration, or renovation of non- 8 Federally owned facilities to improve preparedness and re- 9 sponse capability at the State and local level: Provided fur- 10 ther, That all construction, alteration, or renovation work, 11 carried out, in whole or in part, with funds appropriated 12 under this heading in this Act, or under this heading in 13 the CARES ACT (P.L. 116–136), shall be subject to the 14 requirements of section 1621(b)(1)(I) of the Public Health 15 Service Act (42 U.S.C. 300s–1(b)(1)(I)): Provided further, 16 That such amount is designated by the Congress as being 17 for an emergency requirement pursuant to section 18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 19 Deficit Control Act of 1985. 20 NATIONAL INSTITUTES OF HEALTH 21 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS 22 DISEASES 23 For an additional amount for ‘‘National Institute of 24 Allergy and Infectious Diseases’’, $500,000,000, to re- 25 73 •HR 6800 EH main available until September 30, 2024, to prevent, pre- 1 pare for, and respond to coronavirus: 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 NATIONAL INSTITUTE OF MENTAL HEALTH 7 For an additional amount for ‘‘National Institute of 8 Mental Health’’, $200,000,000, to remain available until 9 September 30, 2024, to prevent, prepare for, and respond 10 to coronavirus: Provided, 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 OFFICE OF THE DIRECTOR 15 (INCLUDING TRANSFER OF FUNDS) 16 For an additional amount for ‘‘Office of the Direc- 17 tor’’, $4,021,000,000, to remain available until September 18 30, 2024, to prevent, prepare for, and respond to 19 coronavirus, domestically or internationally: Provided, 20 That not less than $3,000,000,000 of the amount provided 21 under this heading in this Act shall be for offsetting the 22 costs related to reductions in lab productivity resulting 23 from the coronavirus pandemic or public health measures 24 related to the coronavirus pandemic: Provided further, 25 74 •HR 6800 EH That up to $1,021,000,000 of the amount provided under 1 this heading in this Act shall be to support additional sci- 2 entific research or the programs and platforms that sup- 3 port research: Provided further, That funds made available 4 under this heading in this Act may be transferred to the 5 accounts of the Institutes and Centers of the National In- 6 stitutes of Health (‘‘NIH’’): Provided further, That this 7 transfer authority is in addition to any other transfer au- 8 thority available to the NIH: Provided further, 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 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 14 ADMINISTRATION 15 HEALTH SURVEILLANCE AND PROGRAM SUPPORT 16 For an additional amount for ‘‘Health Surveillance 17 and Program Support’’, $3,000,000,000, to remain avail- 18 able until September 30, 2021, to prevent, prepare for, 19 and respond to coronavirus: Provided, That of the funds 20 made available under this heading in this Act, 21 $1,500,000,000 shall be for grants for the substance 22 abuse prevention and treatment block grant program 23 under subpart II of part B of title XIX of the Public 24 Health Service Act (‘‘PHS Act’’): Provided further, That 25 75 •HR 6800 EH of the funds made available under this heading in this Act, 1 $1,000,000,000 shall be for grants for the community 2 mental health services block grant program under subpart 3 I of part B of title XIX of the PHS Act: Provided further, 4 That of the funds made available under this heading in 5 this Act, $100,000,000 shall be for services to the home- 6 less population: Provided further, That of the funds made 7 available under this heading in this Act, $100,000,000 8 shall be for activities and services under Project AWARE: 9 Provided further, That of the funds made available under 10 this heading in this Act, $10,000,000 shall be for the Na- 11 tional Child Traumatic Stress Network: Provided further, 12 That of the amount made available under this heading in 13 this Act, $265,000,000 is available for activities author- 14 ized under section 501(o) of the Public Health Service 15 Act: Provided further, That of the amount made available 16 under this heading in this Act, $25,000,000 shall be for 17 the Suicide Lifeline and Disaster Distress Helpline: Pro- 18 vided further, That of the amount made available under 19 this heading in this Act for specified programs, not less 20 than $150,000,000 shall be allocated to tribes, tribal orga- 21 nizations, urban Indian health organizations, or health or 22 behavioral health service providers to tribes: Provided fur- 23 ther, That the Substance Abuse and Mental Health Serv- 24 ices Administration has flexibility to amend allowable ac- 25 76 •HR 6800 EH tivities, timelines, and reporting requirements for the Sub- 1 stance Abuse Prevention and Treatment Block Grant and 2 the Community Mental Health Services Block Grant pur- 3 suant to the public health emergency declaration: Provided 4 further, That such amount is designated by the Congress 5 as being for an emergency requirement pursuant to sec- 6 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 7 gency Deficit Control Act of 1985. 8 CENTERS FOR MEDICARE & MEDICAID SERVICES 9 PROGRAM MANAGEMENT 10 For an additional amount for ‘‘Program Manage- 11 ment’’, $150,000,000, to remain available through Sep- 12 tember 30, 2022, to prevent, prepare for, and respond to 13 coronavirus, for State strike teams for resident and em- 14 ployee safety in skilled nursing facilities and nursing facili- 15 ties, including activities to support clinical care, infection 16 control, and staffing pursuant to section 30209 of this 17 Act: Provided, That such amount is designated by the 18 Congress as being for an emergency requirement pursuant 19 to section 251(b)(2)(A)(i) of the Balanced Budget and 20 Emergency Deficit Control Act of 1985. 21 ADMINISTRATION FOR CHILDREN AND FAMILIES 22 LOW INCOME HOME ENERGY ASSISTANCE 23 For an additional amount for ‘‘Low Income Home 24 Energy Assistance’’, $1,500,000,000, to remain available 25 77 •HR 6800 EH until September 30, 2021, to prevent, prepare for, and re- 1 spond to coronavirus, for making payments under sub- 2 section (b) of section 2602 of the Low-Income Home En- 3 ergy Assistance Act of 1981 (42 U.S.C. 8621 et seq.): Pro- 4 vided, That of the amount provided under this heading 5 in this Act, $750,000,000 shall be allocated as though the 6 total appropriation for such payments for fiscal year 2020 7 was less than $1,975,000,000: Provided further, That each 8 grantee that receives an allotment of funds made available 9 under this heading in this Act shall, for purposes of in- 10 come eligibility, deem to be eligible any household that 11 documents job loss or severe income loss dated after Feb- 12 ruary 29, 2020, such as a layoff or furlough notice or 13 verification of application for unemployment benefits: Pro- 14 vided further, That the limitation in section 2605(b)(9)(A) 15 of the Low-Income Home Energy Assistance Act of 1981, 16 regarding planning and administering the use of funds, 17 shall apply to funds provided under this heading in this 18 Act by substituting ‘‘12.5 percent’’ for ‘‘10 percent’’: Pro- 19 vided further, That section 2607(b)(2)(B) of such Act (42 20 U.S.C. 8626(b)(2)(B)) shall not apply to funds made 21 available under this heading in this Act: Provided further, 22 That such amount is designated by the Congress as being 23 for an emergency requirement pursuant to section 24 78 •HR 6800 EH 251(b)(2)(A)(i) of the Balanced Budget and Emergency 1 Deficit Control Act of 1985. 2 PAYMENTS TO STATES FOR THE CHILD CARE AND 3 DEVELOPMENT BLOCK GRANT 4 For an additional amount for ‘‘Payments to States 5 for the Child Care and Development Block Grant’’, 6 $7,000,000,000, to remain available until September 30, 7 2021, to prevent, prepare for, and respond to coronavirus, 8 including for Federal administrative expenses, which shall 9 be used to supplement, not supplant State, Territory, and 10 Tribal general revenue funds for child care assistance for 11 low-income families within the United States (including 12 territories) without regard to requirements in sections 13 658E(c)(3)(D)–(E) or section 658G of the Child Care and 14 Development Block Grant Act: Provided, That funds pro- 15 vided under this heading in this Act may be used for costs 16 of providing relief from copayments and tuition payments 17 for families and for paying that portion of the child care 18 provider’s cost ordinarily paid through family copayments, 19 to provide continued payments and assistance to child care 20 providers in the case of decreased enrollment or closures 21 related to coronavirus, and to ensure child care providers 22 are able to remain open or reopen as appropriate and ap- 23 plicable: Provided further, That States, Territories, and 24 Tribes are encouraged to place conditions on payments to 25 79 •HR 6800 EH child care providers that ensure that child care providers 1 use a portion of funds received to continue to pay the sala- 2 ries and wages of staff: Provided further, That lead agen- 3 cies shall, for the duration of the COVID–19 public health 4 emergency, implement enrollment and eligibility policies 5 that support the fixed costs of providing child care services 6 by delinking provider reimbursement rates from an eligible 7 child’s absence and a provider’s closure due to the 8 COVID–19 public health emergency: Provided further, 9 That the Secretary shall remind States that CCDBG State 10 plans do not need to be amended prior to utilizing existing 11 authorities in the Child Care and Development Block 12 Grant Act for the purposes provided herein: Provided fur- 13 ther, That States, Territories, and Tribes are authorized 14 to use funds appropriated under this heading in this Act 15 to provide child care assistance to health care sector em- 16 ployees, emergency responders, sanitation workers, farm- 17 workers, and other workers deemed essential during the 18 response to coronavirus by public officials, without regard 19 to the income eligibility requirements of section 658P(4) 20 of such Act: Provided further, That funds appropriated 21 under this heading in this Act shall be available to eligible 22 child care providers under section 658P(6) of the CCDBG 23 Act, even if such providers were not receiving CCDBG as- 24 sistance prior to the public health emergency as a result 25 80 •HR 6800 EH of the coronavirus, for the purposes of cleaning and sani- 1 tation, and other activities necessary to maintain or re- 2 sume the operation of programs: Provided further, That 3 no later than 60 days after the date of enactment of this 4 Act, each State, Territory, and Tribe that receives funding 5 under this heading in this Act shall submit to the Sec- 6 retary a report, in such manner as the Secretary may re- 7 quire, describing how the funds appropriated under this 8 heading in this Act will be spent and that no later than 9 90 days after the date of enactment of this Act, the Sec- 10 retary shall submit to the Committees on Appropriations 11 of the House of Representatives and the Senate, the Com- 12 mittee on Education and Labor of the House of Rep- 13 resentatives, and the Committee on Health, Education, 14 Labor, and Pensions of the Senate a report summarizing 15 such reports from the States, Territories, and Tribes: Pro- 16 vided further, That no later than October 31, 2021, each 17 State, Territory, and Tribe that receives funding under 18 this heading in this Act shall submit to the Secretary a 19 report, in such manner as the Secretary may require, de- 20 scribing how the funds appropriated under this heading 21 in this Act were spent and that no later than 60 days 22 after receiving such reports from the States, Territories, 23 and Tribes, the Secretary shall submit to the Committees 24 on Appropriations of the House of Representatives and the 25 81 •HR 6800 EH Senate, the Committee on Education and Labor of the 1 House of Representatives, and the Committee on Health, 2 Education, Labor, and Pensions of the Senate a report 3 summarizing such reports from the States, Territories, 4 and Tribes: Provided further, That payments made under 5 this heading in this Act may be obligated in this fiscal 6 year or the succeeding two fiscal years: Provided further, 7 That funds appropriated under this heading in this Act 8 may be made available to restore amounts, either directly 9 or through reimbursement, for obligations incurred to pre- 10 vent, prepare for, and respond to coronavirus, prior to the 11 date of enactment of this Act: Provided further, That such 12 amount is designated by the Congress as being for an 13 emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 CHILDREN AND FAMILIES SERVICES PROGRAMS 17 For an additional amount for ‘‘Children and Families 18 Services Programs’’, $1,590,000,000, to remain available 19 until September 30, 2021, to prevent, prepare for, and re- 20 spond to coronavirus, which shall be used as follows: 21 (1) $50,000,000 for Family Violence Prevention 22 and Services grants as authorized by section 303(a) 23 and 303(b) of the Family Violence Prevention and 24 Services Act with such funds available to grantees 25 82 •HR 6800 EH without regard to matching requirements under sec- 1 tion 306(c)(4) of such Act, of which $2,000,000 2 shall be for the National Domestic Violence Hotline: 3 Provided, That the Secretary of Health and Human 4 Services may make such funds available for pro- 5 viding temporary housing and assistance to victims 6 of family, domestic, and dating violence; 7 (2) $20,000,000 for necessary expenses for 8 community-based grants for the prevention of child 9 abuse and neglect under section 209 of the Child 10 Abuse Prevention and Treatment Act, which the 11 Secretary shall make without regard to sections 12 203(b)(1) and 204(4) of such Act; and 13 (3) $20,000,000 for necessary expenses for the 14 Child Abuse Prevention and Treatment Act State 15 Grant program as authorized by Section 112 of such 16 Act; 17 (4) $1,500,000,000 for necessary expenses for 18 grants to carry out the Low-Income Household 19 Drinking Water and Wastewater Assistance pro- 20 gram, as described in section 190703 of division S 21 of this Act. 22 Provided, That funds made available under this heading 23 in this Act may be used for the purposes provided herein 24 to reimburse costs incurred between January 20, 2020, 25 83 •HR 6800 EH and the date of award: Provided further, That funds ap- 1 propriated by the CARES Act (P.L. 116–136) to carry 2 out the Community Services Block Grant Act (42 U.S.C. 3 9901 et seq.) and received by a State shall be made avail- 4 able to eligible entities (as defined in section 673(1)(A) 5 of such Act (42 U.S.C. 9902(1)(A)) not later than either 6 30 days after such State receives such funds or 30 days 7 after the date of the enactment of this Act, whichever oc- 8 curs later: Provided further, That such amount is des- 9 ignated by the Congress as being for an emergency re- 10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 11 anced Budget and Emergency Deficit Control Act of 1985. 12 ADMINISTRATION FOR COMMUNITY LIVING 13 AGING AND DISABILITY SERVICES PROGRAMS 14 For an additional amount for ‘‘Aging and Disability 15 Services Programs’’, $100,000,000, to remain available 16 until September 30, 2021, to prevent, prepare for, and re- 17 spond to the coronavirus: Provided, That of the amount 18 made available under this heading in this Act, 19 $85,000,000 shall be for activities authorized under the 20 Older Americans Act of 1965 (‘‘OAA’’) and activities au- 21 thorized under part B of title XX of the Social Security 22 Act, including $20,000,000 for supportive services under 23 part B of title III; $19,000,000 for nutrition services 24 under subparts 1 and 2 of part C of title III; $1,000,000 25 84 •HR 6800 EH for nutrition services under title VI; $20,000,000 for sup- 1 portive services for family caregivers under part E of title 2 III; $10,000,000 for evidence-based health promotion and 3 disease prevention services under part D of title III; 4 $10,000,000 for elder rights protection activities, includ- 5 ing the long-term ombudsman program under title VII 6 and adult protective services programs through the Elder 7 Justice Act; and $5,000,000 shall be for grants to States 8 to support the network of statewide senior legal services, 9 including existing senior legal hotlines, efforts to expand 10 such hotlines to all interested States, and legal assistance 11 to providers, in order to ensure seniors have access to legal 12 assistance, with such fund allotted to States consistent 13 with paragraphs (1) through (3) of section 304(a) of the 14 OAA: Provided further, That State matching requirements 15 under sections 304(d)(1)(D) and 373(g)(2) of the OAA 16 shall not apply to funds made available under this head- 17 ing: Provided further, That of the amount made available 18 under this heading in this Act, $10,000,000 shall be for 19 activities authorized in the Developmental Disabilities As- 20 sistance and Bill of Rights Act of 2000: Provided further, 21 That of the amount made available under this heading in 22 this Act, $5,000,000 shall be for activities authorized in 23 the Assistive Technology Act of 2004: Provided further, 24 That of the amount made available in the preceding pro- 25 85 •HR 6800 EH viso, $5,000,000 shall be for the purchase of equipment 1 to allow interpreters to provide appropriate and essential 2 services to the hearing-impaired community: Provided fur- 3 ther, That for the purposes of the funding provided in the 4 preceding proviso, during the emergency period described 5 in section 1135(g)(1)(B) of the Social Security Act, for 6 purposes of section 4(e)(2)(A) of the Assistive Technology 7 Act of 2004, the term ‘‘targeted individuals and entities’’ 8 (as that term is defined in section 3(16) of the Assistive 9 Technology Act of 2004) shall be deemed to include Amer- 10 ican Sign Language certified interpreters who are pro- 11 viding interpretation services remotely for individuals with 12 disabilities: Provided further, That during such emergency 13 period, for the purposes of the previous two provisos, to 14 facilitate the ability of individuals with disabilities to re- 15 main in their homes and practice social distancing, the 16 Secretary shall waive the prohibitions on the use of grant 17 funds for direct payment for an assistive technology device 18 for an individual with a disability under sections 19 4(e)(2)(A) and 4(e)(5) of such Act: Provided further, That 20 such amount is designated by the Congress as being for 21 an emergency requirement pursuant to section 22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 23 Deficit Control Act of 1985. 24 86 •HR 6800 EH OFFICE OF THE SECRETARY 1 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 2 FUND 3 For an additional amount for ‘‘Public Health and So- 4 cial Services Emergency Fund’’, $4,575,000,000, to re- 5 main available until September 30, 2024, to prevent, pre- 6 pare for, and respond to coronavirus, domestically or 7 internationally, including the development of necessary 8 countermeasures and vaccines, prioritizing platform-based 9 technologies with U.S.-based manufacturing capabilities, 10 the purchase of vaccines, therapeutics, diagnostics, nec- 11 essary medical supplies, as well as medical surge capacity, 12 addressing blood supply chain, workforce modernization, 13 telehealth access and infrastructure, initial advanced man- 14 ufacturing, novel dispensing, enhancements to the U.S. 15 Commissioned Corps, and other preparedness and re- 16 sponse activities: Provided, That funds appropriated under 17 this paragraph in this Act may be used to develop and 18 demonstrate innovations and enhancements to manufac- 19 turing platforms to support such capabilities: Provided 20 further, That the Secretary of Health and Human Services 21 shall purchase vaccines developed using funds made avail- 22 able under this paragraph in this Act to respond to an 23 outbreak or pandemic related to coronavirus in quantities 24 determined by the Secretary to be adequate to address the 25 87 •HR 6800 EH public health need: Provided further, That products pur- 1 chased by the Federal government with funds made avail- 2 able under this paragraph in this Act, including vaccines, 3 therapeutics, and diagnostics, shall be purchased in ac- 4 cordance with Federal Acquisition Regulation guidance on 5 fair and reasonable pricing: Provided further, That the 6 Secretary may take such measures authorized under cur- 7 rent law to ensure that vaccines, therapeutics, and 8 diagnostics developed from funds provided in this Act will 9 be affordable in the commercial market: Provided further, 10 That in carrying out the previous proviso, the Secretary 11 shall not take actions that delay the development of such 12 products: Provided further, That products purchased with 13 funds appropriated under this paragraph in this Act may, 14 at the discretion of the Secretary of Health and Human 15 Services, be deposited in the Strategic National Stockpile 16 under section 319F–2 of the Public Health Service Act: 17 Provided further, That funds appropriated under this 18 paragraph in this Act may be transferred to, and merged 19 with, the fund authorized by section 319F–4, the Covered 20 Countermeasure Process Fund, of the Public Health Serv- 21 ice Act: Provided further, That of the amount made avail- 22 able under this paragraph in this Act, $3,500,000,000 23 shall be available to the Biomedical Advanced Research 24 and Development Authority for necessary expenses of ad- 25 88 •HR 6800 EH vanced research, development, manufacturing, production, 1 and purchase of vaccines and therapeutics: Provided fur- 2 ther, That of the amount made available under this para- 3 graph in this Act, $500,000,000 shall be available to the 4 Biomedical Advanced Research and Development Author- 5 ity for the construction, renovation, or equipping of U.S.- 6 based next generation manufacturing facilities, other than 7 facilities owned by the United States Government: Pro- 8 vided further, That of the amount made available under 9 this paragraph in this Act, $500,000,000 shall be available 10 to the Biomedical Advanced Research and Development 11 Authority to promote innovation in antibacterial research 12 and development: Provided further, That funds made 13 available under this paragraph in this Act may be used 14 for grants for the rent, lease, purchase, acquisition, con- 15 struction, alteration, or renovation of non-Federally owned 16 facilities to improve preparedness and response capability 17 at the State and local level: Provided further, That funds 18 appropriated under this paragraph in this Act may be 19 used for the construction, alteration, renovation or equip- 20 ping of non-Federally owned facilities for the production 21 of vaccines, therapeutics, diagnostics, and medicines and 22 other items purchased under section 319F–2(a) of the 23 Public Health Service Act where the Secretary determines 24 that such a contract is necessary to assure sufficient do- 25 89 •HR 6800 EH mestic production of such supplies: Provided further, That 1 all construction, alteration, or renovation work, carried 2 out, in whole or in part, with fund appropriated under this 3 heading in this Act, the CARES Act (P.L. 116–136), or 4 the Paycheck Protection Program and Health Care En- 5 hancement Act (P.L. 116–139), shall be subject to the re- 6 quirements of 42 U.S.C. 300s-1(b)(1)(I): Provided further, 7 That not later than seven days after the date of enactment 8 of this Act, and weekly thereafter until the public health 9 emergency related to coronavirus is no longer in effect, 10 the Secretary shall report to the Committees on Appro- 11 priations of the House of Representatives and the Senate 12 on the current inventory of ventilators and personal pro- 13 tective equipment in the Strategic National Stockpile, in- 14 cluding the numbers of face shields, gloves, goggles and 15 glasses, gowns, head covers, masks, and respirators, as 16 well as deployment of ventilators and personal protective 17 equipment during the previous week, reported by state and 18 other jurisdiction: Provided further, That after the date 19 that a report is required to be submitted by the preceding 20 proviso, amounts made available for ‘‘Department of 21 Health and Human Services—Office of the Secretary— 22 General Departmental Management’’ in Public Law 116– 23 94 for salaries and expenses of the Immediate Office of 24 the Secretary shall be reduced by $250,000 for each day 25 90 •HR 6800 EH that such report has not been submitted: Provided further, 1 That not later than the first Monday in February of fiscal 2 year 2021 and each fiscal year thereafter, the Secretary 3 shall include in the annual budget submission for the De- 4 partment, and submit to the Congress, the Secretary’s re- 5 quest with respect to expenditures necessary to maintain 6 the minimum level of relevant supplies in the Strategic 7 National Stockpile, including in case of a significant pan- 8 demic, in consultation with the working group under sec- 9 tion 319F(a) of the Public Health Service Act and the 10 Public Health Emergency Medical Countermeasures En- 11 terprise established under section 2811–1 of such Act: 12 Provided further, That such amount is designated by the 13 Congress as being for an emergency requirement pursuant 14 to section 251(b)(2)(A)(i) of the Balanced Budget and 15 Emergency Deficit Control Act of 1985. 16 For an additional amount for ‘‘Public Health and So- 17 cial Services Emergency Fund’’, $100,000,000,000, to re- 18 main available until expended, to prevent, prepare for, and 19 respond to coronavirus, for necessary expenses to make 20 payments under the Health Care Provider Relief Fund as 21 described in section 30611 of division C of this Act: Pro- 22 vided, That such amount is designated by the Congress 23 as being for an emergency requirement pursuant to sec- 24 91 •HR 6800 EH tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 1 gency Deficit Control Act of 1985. 2 For an additional amount for ‘‘Public Health and So- 3 cial Services Emergency Fund’’, $75,000,000,000, to re- 4 main available until expended, to prevent, prepare for, and 5 respond to coronavirus, for necessary expenses to carry 6 out the COVID-19 National Testing and Contact Tracing 7 Initiative, as described in subtitle D of division C of this 8 Act: Provided, That such amount is designated by the 9 Congress as being for an emergency requirement pursuant 10 to section 251(b)(2)(A)(i) of the Balanced Budget and 11 Emergency Deficit Control Act of 1985. 12 DEPARTMENT OF EDUCATION 13 STATE FISCAL STABILIZATION FUND 14 For an additional amount for ‘‘State Fiscal Stabiliza- 15 tion Fund’’, $90,000,000,000, to remain available until 16 September 30, 2022, to prevent, prepare for, and respond 17 to coronavirus: Provided, That the Secretary of Education 18 (referred to under this heading as ‘‘Secretary’’) shall make 19 grants to the Governor of each State for support of ele- 20 mentary, secondary, and postsecondary education and, as 21 applicable, early childhood education programs and serv- 22 ices: Provided further, That of the amount made available, 23 the Secretary shall first allocate up to one-half of 1 per- 24 cent to the outlying areas and one-half of 1 percent to 25 92 •HR 6800 EH the Bureau of Indian Education (‘‘BIE’’) for activities 1 consistent with this heading under such terms and condi- 2 tions as the Secretary may determine: Provided further, 3 That the Secretary may reserve up to $30,000,000 for ad- 4 ministration and oversight of the activities under this 5 heading: Provided further, That the Secretary shall allo- 6 cate 61 percent of the remaining funds made available to 7 carry out this heading to the States on the basis of their 8 relative population of individuals aged 5 through 24 and 9 allocate 39 percent on the basis of their relative number 10 of children counted under section 1124(c) of the Elemen- 11 tary and Secondary Education Act of 1965 (referred to 12 under this heading as ‘‘ESEA’’) as State grants: Provided 13 further, That State grants shall support statewide elemen- 14 tary, secondary, and postsecondary activities; subgrants to 15 local educational agencies; and, subgrants to public insti- 16 tutions of higher education: Provided further, That States 17 shall allocate 65 percent of the funds received under the 18 fourth proviso as subgrants to local educational agencies 19 in proportion to the amount of funds such local edu- 20 cational agencies received under part A of title I of the 21 ESEA in the most recent fiscal year: Provided further, 22 That States shall allocate 30 percent of the funds received 23 under the fourth proviso as subgrants to public institu- 24 tions of higher education, of which the Governor shall re- 25 93 •HR 6800 EH serve a percentage necessary to make the minimum grants 1 described in the next proviso and, of the amounts remain- 2 ing after making such reservation, 75 percent shall be ap- 3 portioned according to the relative share in the State of 4 students who received Pell Grants who are not exclusively 5 enrolled in distance education courses prior to the 6 coronavirus emergency at the institution in the previous 7 award year and 25 percent shall be apportioned according 8 to the relative share in the State of the total enrollment 9 of students at the institution who are not exclusively en- 10 rolled in distance education courses prior to the 11 coronavirus emergency at the institution in the previous 12 award year: Provided further, That any public institution 13 of higher education that is not otherwise eligible for a 14 grant of at least $1,000,000 under the preceding proviso 15 and has an enrollment of at least 500 students shall be 16 eligible to receive an amount equal to whichever is lesser 17 of the total loss of revenue and increased costs associated 18 with the coronavirus or $1,000,000: Provided further, 19 That the Governor shall use any remaining funds that 20 were unnecessary to carry out the previous proviso to dis- 21 tribute such funds to institutions of higher education in 22 accordance with the formula in the preceding provisos: 23 Provided further, That the Governor may use any funds 24 received under the fourth proviso that are not specifically 25 94 •HR 6800 EH reserved under this heading for additional support to ele- 1 mentary, secondary, and postsecondary education, includ- 2 ing supports for under-resourced institutions, institutions 3 with high burden due to the coronavirus, and institutions 4 who did not possess distance education capabilities prior 5 to the coronavirus emergency: Provided further, That the 6 Governor shall return to the Secretary any funds received 7 that the Governor does not award to local educational 8 agencies and public institutions of higher education or oth- 9 erwise commit within two years of receiving such funds, 10 and the Secretary shall reallocate such funds to the re- 11 maining States in accordance with the fourth proviso: Pro- 12 vided further, That Governors shall use State grants and 13 subgrants to maintain or restore State and local fiscal 14 support for elementary, secondary and postsecondary edu- 15 cation: Provided further, That funds for local educational 16 agencies may be used for any activity authorized by the 17 ESEA, including the Native Hawaiian Education Act and 18 the Alaska Native Educational Equity, Support, and As- 19 sistance Act, the Individuals with Disabilities Education 20 Act (‘‘IDEA’’), subtitle B of title VII of the McKinney- 21 Vento Homeless Assistance Act , the Adult Education and 22 Family Literacy Act or the Carl D. Perkins Career and 23 Technical Education Act of 2006 (‘‘the Perkins Act’’): 24 Provided further, That a State or local educational agency 25 95 •HR 6800 EH receiving funds under this heading may use the funds for 1 activities coordinated with State, local, tribal, and terri- 2 torial public health departments to detect, prevent, or 3 mitigate the spread of infectious disease or otherwise re- 4 spond to coronavirus; support online learning by pur- 5 chasing educational technology and internet access for stu- 6 dents, which may include assistive technology or adaptive 7 equipment, that aids in regular and substantive edu- 8 cational interactions between students and their classroom 9 instructor; provide ongoing professional development to 10 staff in how to effectively provide quality online academic 11 instruction; provide assistance for children and families to 12 promote equitable participation in quality online learning; 13 plan and implement activities related to supplemental 14 afterschool programs and summer learning, including pro- 15 viding classroom instruction or quality online learning 16 during the summer months; plan for and coordinate dur- 17 ing long-term closures, provide technology for quality on- 18 line learning to all students, and how to support the needs 19 of low-income students, racial and ethnic minorities, stu- 20 dents with disabilities, English learners, students experi- 21 encing homelessness, and children in foster care, including 22 how to address learning gaps that are created or exacer- 23 bated due to long-term closures; support the continuity of 24 student engagement through social and emotional learn- 25 96 •HR 6800 EH ing; and other activities that are necessary to maintain 1 the operation of and continuity of services in local edu- 2 cational agencies, including maintaining employment of 3 existing personnel, and reimbursement for eligible costs in- 4 curred during the national emergency: Provided further, 5 That a public institution of higher education that receives 6 funds under this heading shall use funds for education and 7 general expenditures (including defraying expenses due to 8 lost revenue, reimbursement for expenses already in- 9 curred, and payroll) and grants to students for expenses 10 directly related to coronavirus and the disruption of cam- 11 pus operations (which may include emergency financial aid 12 to students for tuition, food, housing, technology, health 13 care, and child care costs that shall not be required to 14 be repaid by such students) or for the acquisition of tech- 15 nology and services directly related to the need for dis- 16 tance education and the training of faculty and staff to 17 use such technology and services: Provided further, That 18 an institution of higher education may not use funds re- 19 ceived under this heading to increase its endowment or 20 provide funding for capital outlays associated with facili- 21 ties related to athletics, sectarian instruction, or religious 22 worship: Provided further, That funds may be used to sup- 23 port hourly workers, such as education support profes- 24 sionals, classified school employees, and adjunct and con- 25 97 •HR 6800 EH tingent faculty: Provided further, That a Governor of a 1 State desiring to receive an allocation under this heading 2 shall submit an application at such time, in such manner, 3 and containing such information as the Secretary may rea- 4 sonably require: Provided further, That the Secretary shall 5 issue a notice inviting applications not later than 15 days 6 after the date of enactment of this Act: Provided further, 7 That any State receiving funding under this heading shall 8 maintain its percent of total spending on elementary, sec- 9 ondary, and postsecondary education in fiscal year 2019 10 for fiscal years 2020, 2021, and 2022: Provided further, 11 That a State’s application shall include assurances that 12 the State will maintain support for elementary and sec- 13 ondary education in fiscal year 2020, fiscal year 2021, and 14 fiscal year 2022 at least at the level of such support that 15 is the average of such State’s support for elementary and 16 secondary education in the 3 fiscal years preceding the fis- 17 cal year for which State support for elementary and sec- 18 ondary education is provided: Provided further, That a 19 State’s application shall include assurances that the State 20 will maintain State support for higher education (not in- 21 cluding support for capital projects or for research and 22 development or tuition and fees paid by students) in fiscal 23 year 2020, fiscal year 2021, and fiscal year 2022 at least 24 at the level of such support that is the average of such 25 98 •HR 6800 EH State’s support for higher education (which shall include 1 State and local government funding to institutions of high- 2 er education and state financial aid) in the 3 fiscal years 3 preceding the fiscal year for which State support for high- 4 er education is provided, and that any such State’s sup- 5 port for higher education funding, as calculated as spend- 6 ing for public higher education per full-time equivalent 7 student, shall be at least the same in fiscal year 2022 as 8 it was in fiscal year 2019: Provided further, That in such 9 application, the Governor shall provide baseline data that 10 demonstrates the State’s current status in each of the 11 areas described in such assurances in the preceding pro- 12 visos: Provided further, That a State’s application shall in- 13 clude assurances that the State will not construe any pro- 14 visions under this heading as displacing any otherwise ap- 15 plicable provision of any collective-bargaining agreement 16 between an eligible entity and a labor organization as de- 17 fined by section 2(5) of the National Labor Relations Act 18 (29 U.S.C. 152(5)) or analogous State law: Provided fur- 19 ther, That a State’s application shall include assurances 20 that the State shall maintain the wages, benefits, and 21 other terms and conditions of employment set forth in any 22 collective-bargaining agreement between the eligible entity 23 and a labor organization, as defined in the preceding pro- 24 viso: Provided further, That a State’s application shall in- 25 99 •HR 6800 EH clude assurances that all students with disabilities are af- 1 forded their full rights under IDEA, including all rights 2 and services outlined in individualized education programs 3 (‘‘IEPs’’): Provided further, That a State receiving funds 4 under this heading shall submit a report to the Secretary, 5 at such time and in such manner as the Secretary may 6 require, that describes the use of funds provided under 7 this heading: Provided further, That no recipient of funds 8 under this heading shall use funds to provide financial as- 9 sistance to students to attend private elementary or sec- 10 ondary schools, unless such funds are used to provide spe- 11 cial education and related services to children with disabil- 12 ities whose IEPs require such placement, and where the 13 school district maintains responsibility for providing such 14 children a free appropriate public education, as authorized 15 by IDEA: Provided further, That a local educational agen- 16 cy, State, institution of higher education, or other entity 17 that receives funds under ‘‘State Fiscal Stabilization 18 Fund’’, shall to the greatest extent practicable, continue 19 to pay its employees and contractors during the period of 20 any disruptions or closures related to coronavirus: Pro- 21 vided further, That the terms ‘‘elementary education’’ and 22 ‘‘secondary education’’ have the meaning given such terms 23 under State law: Provided further, That the term ‘‘institu- 24 tion of higher education’’ has the meaning given such term 25 100 •HR 6800 EH in section 101 of the Higher Education Act of 1965: Pro- 1 vided further, That the term ‘‘fiscal year’’ shall have the 2 meaning given such term under State law: Provided fur- 3 ther, That the term ‘‘State’’ means each of the 50 States, 4 the District of Columbia, and the Commonwealth of Puer- 5 to Rico: Provided further, That such amount is designated 6 by the Congress as being for 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. 9 HIGHER EDUCATION 10 For an additional amount for ‘‘Higher Education’’, 11 $10,150,000,000, to remain available until September 30, 12 2021, to prevent, prepare for, and respond to coronavirus, 13 of which $11,000,000 shall be transferred to ‘‘National 14 Technical Institute for the Deaf’’ to help defray expenses 15 (which may include lost revenue, reimbursement for ex- 16 penses already incurred, technology costs associated with 17 a transition to distance education, sign language and cap- 18 tioning costs associated with a transition to distance edu- 19 cation, faculty and staff trainings, and payroll) directly 20 caused by coronavirus and to enable emergency financial 21 aid to students for expenses directly related to coronavirus 22 and the disruption of university operations (which may in- 23 clude food, housing, transportation, technology, health 24 care, and child care), of which $20,000,000 shall be trans- 25 101 •HR 6800 EH ferred to ‘‘Howard University’’ 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, technology costs associ- 4 ated with a transition to distance education, faculty and 5 staff trainings, and payroll) directly related to coronavirus 6 and to enable grants to students for expenses directly re- 7 lated to coronavirus and the disruption of university oper- 8 ations (which may include food, housing, transportation, 9 technology, health care, and child care), of which 10 $11,000,000 shall be transferred to ‘‘Gallaudet Univer- 11 sity’’ to help defray expenses (which may include lost rev- 12 enue, reimbursement for expenses already incurred, tech- 13 nology costs associated with a transition to distance edu- 14 cation, sign language and captioning costs associated with 15 a transition to distance education, faculty and staff 16 trainings, and payroll) directly related to coronavirus and 17 to enable grants to students for expenses directly related 18 to coronavirus and the disruption of university operations 19 (which may include food, housing, transportation, tech- 20 nology, health care, and child care), and of which the re- 21 maining amounts shall be used to carry out parts A and 22 B of title III, parts A and B of title V, subpart 4 of part 23 A of title VII, and part B of title VII of the Higher Edu- 24 cation Act of 1965 (‘‘HEA’’) as follows: 25 102 •HR 6800 EH (1) $1,708,000,000 for parts A and B of title 1 III, parts A and B of title V, and subpart 4 of part 2 A of title VII of the HEA to address needs directly 3 related to coronavirus: Provided, That such amount 4 shall be allocated by the Secretary proportionally to 5 such programs covered under this paragraph and 6 based on the relative share of funding appropriated 7 to such programs in the Further Consolidated Ap- 8 propriations Act, 2020 (Public Law 116–94) and 9 distributed to institutions of higher education as fol- 10 lows: 11 (A) Except as otherwise provided in sub- 12 paragraph (B), for eligible institutions under 13 part B of title III and subpart 4 of part A of 14 title VII of the Higher Education Act, the Sec- 15 retary shall allot to each eligible institution an 16 amount using the following formula: 17 (i) 70 percent according to a ratio 18 equivalent to the number of Pell Grant re- 19 cipients in attendance at such institution 20 at the end of the school year preceding the 21 beginning of that fiscal year and the total 22 number of Pell Grant recipients at all such 23 institutions; 24 103 •HR 6800 EH (ii) 20 percent according to a ratio 1 equivalent to the total number of students 2 enrolled at such institution at the end of 3 the school year preceding the beginning of 4 that fiscal year and the number of stu- 5 dents enrolled at all such institutions; and 6 (iii) 10 percent according to a ratio 7 equivalent to the total endowment size at 8 all eligible institutions at the end of the 9 school year preceding the beginning of that 10 fiscal year and the total endowment size at 11 such institutions; 12 (B) For eligible institutions under section 13 326 of the Higher Education Act, the Secretary 14 shall allot to each eligible institution an amount 15 in proportion to the award received from fund- 16 ing for such institutions in the Further Consoli- 17 dated Appropriations Act, 2020 (Public Law 18 116–94); 19 (C) For eligible institutions under section 20 316 of the Higher Education Act, the Secretary 21 shall allot funding according to the formula in 22 section 316(d)(3) of the Higher Education Act; 23 (D) Notwithstanding section 318(f) of the 24 Higher Education Act, for eligible institutions 25 104 •HR 6800 EH under section 318 of the Higher Education Act, 1 the Secretary shall allot funding according to 2 the formula in section 318(e) of the Higher 3 Education Act; 4 (E) Except as provided in subparagraphs 5 (C) and (D), for eligible institutions under part 6 A of title III of the Higher Education Act and 7 parts A and B of title V, the Secretary shall 8 issue an application for eligible institutions to 9 demonstrate unmet need, and the Secretary 10 shall allow eligible institutions to apply for 11 funds under one of the programs for which they 12 are eligible. 13 (2) $8,400,000,000 for part B of title VII of 14 the HEA for institutions of higher education (as de- 15 fined in section 101 or 102(c) of the HEA) to ad- 16 dress needs directly related to coronavirus as follows: 17 (A) $7,000,000,000 shall be provided to 18 private, nonprofit institutions of higher edu- 19 cation— 20 (i) by reserving an amount necessary 21 to make the minimum grants described in 22 the second to last proviso under this head- 23 ing; and 24 105 •HR 6800 EH (ii) from amounts not reserved under 1 clause (i), by apportioning— 2 (I) 75 percent according to the 3 relative share of enrollment of Federal 4 Pell Grant recipients who are not ex- 5 clusively enrolled in distance edu- 6 cation courses prior to the coronavirus 7 emergency; and 8 (II) 25 percent according to the 9 relative share of the total enrollment 10 of students who were not Federal Pell 11 Grant recipients who are not exclu- 12 sively enrolled in distance education 13 courses prior to the coronavirus emer- 14 gency. 15 (B) $1,400,000,000 shall be for institu- 16 tions of higher education with unmet need re- 17 lated to the coronavirus, including institutions 18 of higher education that offer their courses and 19 programs exclusively through distance edu- 20 cation: 21 Provided, That funds shall be used to make payments to 22 such institutions to provide emergency grants to students 23 who attended such institutions at any point during the 24 coronavirus emergency and for any component of the stu- 25 106 •HR 6800 EH dent’s cost of attendance (as defined under section 472 1 of the HEA), including tuition, food, housing, course ma- 2 terials, technology, health care, and child care): Provided 3 further, That institutions of higher education may use 4 such funds to defray expenses (including lost revenue, re- 5 imbursement for expenses already incurred, technology 6 costs associated with a transition to distance education, 7 faculty and staff trainings, and payroll) incurred by insti- 8 tutions of higher education: Provided further, That such 9 payments shall not be used to increase endowments or pro- 10 vide funding for capital outlays associated with facilities 11 related to athletics, sectarian instruction, or religious wor- 12 ship: Provided further, That any private, nonprofit institu- 13 tion of higher education that is not otherwise eligible for 14 a grant of at least $1,000,000 under paragraph (2)(A)(ii) 15 of this heading and has a total enrollment of at least 500 16 students shall be eligible to receive, from amounts reserved 17 under paragraph (2)(A)(i), an amount equal to whichever 18 is the lesser of the total loss of revenue and increased costs 19 associated with the coronavirus or $1,000,000: Provided 20 further, That of the funds provided under paragraph 2(B), 21 the Secretary shall make an application available for insti- 22 tutions of higher education to demonstrate unmet need, 23 which shall include for this purpose a dramatic decline in 24 revenue as a result of campus closure, exceptional costs 25 107 •HR 6800 EH or challenges implementing distance education platforms 1 due to lack of a technological infrastructure, serving a 2 large percentage of students who lack access to adequate 3 technology to move to distance education, serving a region 4 or community that has been especially impacted by in- 5 creased unemployment and displaced workers, serving 6 communities or regions where the number of coronavirus 7 cases has imposed exceptional costs on the institution, and 8 other criteria that the Secretary shall identify after con- 9 sultation with institutions of higher education or their rep- 10 resentatives: Provided further, That no institution may re- 11 ceive an award unless it has submitted an application that 12 describes the impact of the coronavirus on the institution 13 and the ways that the institution will use the funds to 14 ameliorate such impact: Provided further, That the Sec- 15 retary shall brief the Committees on Appropriations fif- 16 teen days in advance of making any application available 17 for funds under paragraph (2)(B): Provided further, That 18 such amount is designated by the Congress as being for 19 an emergency requirement pursuant to section 20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 21 Deficit Control Act of 1985. 22 GENERAL PROVISIONS—DEPARTMENT OF EDUCATION 23 SEC. 10602. Amounts made available to ‘‘Depart- 24 ment of Education—Office of Inspector General’’ in title 25 108 •HR 6800 EH VIII of division B of Public Law 116–136 are hereby per- 1 manently rescinded, and an amount of additional new 2 budget authority equivalent to the amount rescinded is 3 hereby appropriated, to remain available until expended, 4 for the same purposes and under the same authorities as 5 they were originally appropriated, and shall be in addition 6 to any other funds available for such purposes: Provided, 7 That the amounts appropriated by this section may also 8 be used for investigations and are available until ex- 9 pended: Provided further, That such amount is designated 10 by the Congress as being for an emergency requirement 11 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 12 et and Emergency Deficit Control Act of 1985. 13 SEC. 10603. The Coronavirus Aid, Relief, and Eco- 14 nomic Security Act (P.L. 116–136) is amended by striking 15 section 18001(a)(3): Provided, That amounts repurposed 16 pursuant to the amendment made by this section that 17 were previously designated by the Congress as an emer- 18 gency requirement pursuant to the Balanced Budget and 19 Emergency Deficit Control Act of 1985 are designated by 20 the Congress as an emergency requirement pursuant to 21 section 251(b)(2)(A)(i) of the Balanced Budget and 22 Emergency Deficit Control Act of 1985. 23 SEC. 10604. Section 18005(a) of the Coronavirus 24 Aid, Relief, and Economic Security Act (P.L. 116–136) 25 109 •HR 6800 EH is amended by inserting ‘‘including subsections 1 (a)(4)(A)(i) and (c) of such section’’ after ‘‘section 1117’’ 2 and by inserting ‘‘Such equitable services shall be provided 3 by the local educational agency in which the students re- 4 side, and the amount of funds available for such equitable 5 services shall be based on the number of nonpublic school 6 students who were identified in the calculation under sec- 7 tion 1117(c)(1) of the ESEA for purposes of Title I–A 8 during the 2019–2020 school year relative to the sum of 9 such students in public schools during the 2019–2020 10 school year.’’ after ‘‘representatives of nonpublic schools.’’: 11 Provided, That amounts repurposed pursuant to the 12 amendment made by this section that were previously des- 13 ignated by the Congress as an emergency requirement 14 pursuant to the Balanced Budget and Emergency Deficit 15 Control Act of 1985 are designated by the Congress as 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 SEC. 10605. Section 18004(c) of the Coronavirus 20 Aid, Relief, and Economic Security Act (P.L. 116–136) 21 is amended by striking ‘‘to cover any costs associated with 22 significant changes to the delivery of instruction due to 23 the coronavirus’’ and inserting ‘‘to defray expenses (in- 24 cluding lost revenue, reimbursement for expenses already 25 110 •HR 6800 EH incurred, technology costs associated with a transition to 1 distance education, faculty and staff trainings, payroll) in- 2 curred by institutions of higher education.’’: Provided, 3 That amounts repurposed pursuant to the amendment 4 made by this section that were previously designated by 5 the Congress as an emergency requirement pursuant to 6 the Balanced Budget and Emergency Deficit Control Act 7 of 1985 are designated by the Congress as 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 SEC. 10606. With respect to the allocation and award 12 of funds under this title, the Secretary of Education is 13 prohibited from— 14 (a) establishing a priority or preference not specified 15 in this title; and 16 (b) imposing limits on the use of such funds not spec- 17 ified in this title. 18 RELATED AGENCIES 19 CORPORATION FOR NATIONAL AND COMMUNITY 20 SERVICE 21 ADMINISTRATIVE PROVISIONS—CORPORATION FOR 22 NATIONAL AND COMMUNITY SERVICE 23 SEC. 10607. (a) The remaining unobligated balances 24 of funds as of September 30, 2020, from amounts pro- 25 111 •HR 6800 EH vided to ‘‘Corporation for National and Community Serv- 1 ice—Salaries and Expenses’’ in title IV of division A of 2 the Further Consolidated Appropriations Act, 2020 (Pub- 3 lic Law 116–94), are hereby permanently rescinded, and 4 an amount of additional new budget authority equal to 5 the unobligated balances rescinded is hereby appropriated 6 on September 30, 2020, to remain available until Sep- 7 tember 30, 2021, for the same purposes and under the 8 same authorities that they were originally made available 9 in Public Law 116–94, which shall be in addition to any 10 other funds available for such purposes: Provided, 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 (b) The remaining unobligated balances of funds as 16 of September 30, 2020, from amounts provided to ‘‘Cor- 17 poration for National and Community Service—Operating 18 Expenses’’ in title IV of division A of the Further Consoli- 19 dated Appropriations Act, 2020 (Public Law 116–94), are 20 hereby permanently rescinded, and an amount of addi- 21 tional new budget authority equal to the unobligated bal- 22 ances rescinded is hereby appropriated on September 30, 23 2020, to remain available until September 30, 2021, for 24 the same purposes and under the same authorities that 25 112 •HR 6800 EH they were originally made available in Public Law 116– 1 94, which shall be in addition to any other funds available 2 for such purposes: Provided, That any amounts appro- 3 priated by the preceding proviso shall not be subject to 4 the allotment requirements otherwise applicable under sec- 5 tions 129(a), (b), (d), and (e) of the National and Commu- 6 nity Service Act of 1993: Provided further, 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 (c) The remaining unobligated balances of funds as 12 of September 30, 2020, from amounts provided to ‘‘Cor- 13 poration for National and Community Service—Office of 14 Inspector General’’ in title IV of division A of the Further 15 Consolidated Appropriations Act, 2020 (Public Law 116– 16 94), are hereby permanently rescinded, and an amount of 17 additional new budget authority equal to the amount re- 18 scinded is hereby appropriated on September 30, 2020, 19 to remain available until September 30, 2021, for the 20 same purposes and under the same authorities that they 21 were originally made available in Public Law 116–94, 22 which shall be in addition to any other funds available for 23 such purposes: Provided, That such amount is designated 24 by the Congress as being for an emergency requirement 25 113 •HR 6800 EH pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 1 et and Emergency Deficit Control Act of 1985. 2 (d)(1) Section 3514(b) of title III of division A of 3 Public Law 116–136 is hereby repealed, and such section 4 shall be applied hereafter as if such subsection had never 5 been enacted. 6 (2)(A) IN GENERAL.—The amounts provided 7 under this subsection are designated as an emer- 8 gency requirement pursuant to section 4(g) of the 9 Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 10 933(g)), and the budgetary effects shall not be en- 11 tered on either PAYGO scorecard maintained pursu- 12 ant to section 4(d) of such Act. 13 (B) DESIGNATION IN THE SENATE.—In the 14 Senate, this subsection is designated as an emer- 15 gency requirement pursuant to section 4112(a) of H. 16 Con. Res. 71 (115th Congress), the concurrent reso- 17 lution on the budget for fiscal year 2018, and the 18 budgetary effects shall not be entered on any 19 PAYGO scorecard maintained for purposes of sec- 20 tion 4106 of such concurrent resolution. 21 (C) CLASSIFICATION OF BUDGETARY EF- 22 FECTS.—Notwithstanding Rule 3 of the Budget 23 Scorekeeping Guidelines set forth in the joint ex- 24 planatory statement of the committee of conference 25 114 •HR 6800 EH accompanying Conference Report 105–217 and sec- 1 tion 250(c)(7) and (c)(8) of the Balanced Budget 2 and Emergency Deficit Control Act of 1985, the 3 budgetary effects of this subsection shall not be esti- 4 mated— 5 (i) for purposes of section 251 of such Act; 6 and 7 (ii) for purposes of paragraph (4)(C) of 8 section 3 of the Statutory Pay As-You-Go Act 9 of 2010 as being included in an appropriation 10 Act. 11 INSTITUTE OF MUSEUM AND LIBRARY SERVICES 12 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS 13 AND ADMINISTRATION 14 For an additional amount for ‘‘Institute of Museum 15 and Library Services’’, $5,000,000, to remain available 16 until September 30, 2021, to prevent, prepare for, and re- 17 spond to coronavirus, including grants to States, terri- 18 tories, tribes, museums, and libraries, to expand digital 19 network access, purchase internet accessible devices, pro- 20 vide technical support services, and for operational ex- 21 penses: Provided, That any matching funds requirements 22 for States, tribes, libraries, and museums are waived for 23 grants provided with funds made available under this 24 heading in this Act: Provided further, That such amount 25 115 •HR 6800 EH is designated by the Congress as being for an emergency 1 requirement pursuant to section 251(b)(2)(A)(i) of the 2 Balanced Budget and Emergency Deficit Control Act of 3 1985. 4 RAILROAD RETIREMENT BOARD 5 LIMITATION ON ADMINISTRATION 6 For an additional amount for ‘‘Limitation on Admin- 7 istration’’, $4,500,000, to remain available until Sep- 8 tember 30, 2021, to prevent, prepare for, and respond to 9 coronavirus, including the expeditious dispensation of rail- 10 road unemployment insurance benefits, and to support 11 full-time equivalents and overtime hours as needed to ad- 12 minister the Railroad Unemployment Insurance Act: Pro- 13 vided, That such amount is designated by the Congress 14 as being for an emergency requirement pursuant to sec- 15 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 16 gency Deficit Control Act of 1985. 17 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL 18 For an additional amount for ‘‘Office of the Inspector 19 General’’, $500,000, to remain available until expended, 20 to prevent, prepare for, and respond to coronavirus, in- 21 cluding salaries and expenses necessary for oversight, in- 22 vestigations and audits of the Railroad Retirement Board 23 and railroad unemployment insurance benefits funded in 24 this Act and Public Law 116–136: Provided, That such 25 116 •HR 6800 EH amount is designated by the Congress as being for an 1 emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 GENERAL PROVISIONS—THIS TITLE 5 SEC. 10608. Notwithstanding any other provision of 6 law, funds made available under each heading in this title 7 shall only be used for the purposes specifically described 8 under that heading. 9 SEC. 10609. Funds appropriated by this title may be 10 used by the Secretary of the Health and Human Services 11 to appoint, without regard to the provisions of sections 12 3309 through 3319 of title 5 of the United States Code, 13 candidates needed for positions to perform critical work 14 relating to coronavirus for which— 15 (1) public notice has been given; and 16 (2) the Secretary has determined that such a 17 public health threat exists. 18 SEC. 10610. Funds made available by this title may 19 be used to enter into contracts with individuals for the 20 provision of personal services (as described in section 104 21 of part 37 of title 48, Code of Federal Regulations (48 22 CFR 37.104)) to support the prevention of, preparation 23 for, or response to coronavirus, domestically and inter- 24 nationally, subject to prior notification to the Committees 25 117 •HR 6800 EH on Appropriations of the House of Representatives and the 1 Senate: Provided, That such individuals may not be 2 deemed employees of the United States for the purpose 3 of any law administered by the Office of Personnel Man- 4 agement: Provided further, That the authority made avail- 5 able pursuant to this section shall expire on September 6 30, 2024. 7 SEC. 10611. Not later than 30 days after the date 8 of enactment of this Act, the Secretary of Health and 9 Human Services shall provide a detailed spend plan of an- 10 ticipated uses of funds made available to the Department 11 of Health and Human Services in this Act, including esti- 12 mated personnel and administrative costs, to the Commit- 13 tees on Appropriations of the House of Representatives 14 and the Senate: Provided, That such plans shall be up- 15 dated and submitted to such Committees every 60 days 16 until September 30, 2024: Provided further, That the 17 spend plans shall be accompanied by a listing of each con- 18 tract obligation incurred that exceeds $5,000,000 which 19 has not previously been reported, including the amount of 20 each such obligation. 21 SEC. 10612. Not later than September 30, 2020, the 22 remaining unobligated balances of funds made available 23 through September 30, 2020, under the heading ‘‘Na- 24 tional Institutes of Health’’ in the Further Consolidated 25 118 •HR 6800 EH Appropriations Act, 2020 (Public Law 116–94) are hereby 1 permanently rescinded, and an amount of additional new 2 budget authority equivalent to the amount rescinded from 3 each account is hereby appropriated to that account, to 4 remain available until September 30, 2021, and shall be 5 available for the same purposes, in addition to other funds 6 as may be available for such purposes, and under the same 7 authorities for which the funds were originally provided 8 in Public Law 116–94: Provided, That such amount is 9 designated by the Congress as being for an emergency re- 10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 11 anced Budget and Emergency Deficit Control Act of 1985. 12 SEC. 10613. Funds made available in Public Law 13 113–235 to the accounts of the National Institutes of 14 Health that were available for obligation through fiscal 15 year 2015 and were obligated for multi-year research 16 grants shall be available through fiscal year 2021 for the 17 liquidation of valid obligations if the Director of the Na- 18 tional Insitutes of Health determines the project suffered 19 an interruption of activities attributable to SARS–CoV– 20 2: Provided, That such amount is designated by the Con- 21 gress as being for an emergency requirement pursuant to 22 section 251(b)(2)(A)(i) of the Balanced Budget and 23 Emergency Deficit Control Act of 1985. 24 119 •HR 6800 EH SEC. 10614. Of the funds appropriated by this title 1 under the heading ‘‘Public Health and Social Services 2 Emergency Fund’’, $75,000,000 shall be transferred to, 3 and merged with, funds made available under the heading 4 ‘‘Office of the Secretary, Office of Inspector General’’, and 5 shall remain available until expended, for oversight of ac- 6 tivities supported with funds appropriated to the Depart- 7 ment of Health and Human Services in this Act: Provided, 8 That the Inspector General of the Department of Health 9 and Human Services shall consult with the Committees 10 on Appropriations of the House of Representatives and the 11 Senate prior to obligating such funds: Provided further, 12 That the transfer authority provided by this section is in 13 addition to any other transfer authority provided by law. 14 TITLE VII—LEGISLATIVE BRANCH 15 HOUSE OF REPRESENTATIVES 16 For an additional amount for the ‘‘House of Rep- 17 resentatives’’, $5,000,000, to remain available until Sep- 18 tember 30, 2021, for necessary expenses to prevent, pre- 19 pare for, and respond to coronavirus: Provided, That the 20 amounts made available under this heading in this Act 21 shall be allocated in accordance with a spend plan sub- 22 mitted to the Committee on Appropriations of the House 23 of Representatives by the Chief Administrative Officer and 24 approved by such Committee: Provided further, That such 25 120 •HR 6800 EH amount is designated by the Congress as being for an 1 emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 GOVERNMENT ACCOUNTABILITY OFFICE 5 SALARIES AND EXPENSES 6 For an additional amount for ‘‘Salaries and Ex- 7 penses’’, $30,000,000, to remain available until expended, 8 for audits and investigations relating to COVID–19 or 9 similar pandemics, as well as any related stimulus funding 10 to assist the United States response to health and eco- 11 nomic vulnerabilities to pandemics: Provided, That, not 12 later than 90 days after the date of enactment of this Act, 13 the Government Accountability Office shall submit to the 14 Committees on Appropriations of the House of Represent- 15 atives and the Senate a spend plan specifying funding esti- 16 mates and a timeline for such audits and investigations: 17 Provided further, That such amount is designated by the 18 Congress as being for an emergency requirement pursuant 19 to section 251(b)(2)(A)(i) of the Balanced Budget and 20 Emergency Deficit Control Act of 1985. 21 121 •HR 6800 EH TITLE VIII—DEPARTMENT OF STATE, FOREIGN 1 OPERATIONS, AND RELATED PROGRAMS 2 DEPARTMENT OF STATE 3 ADMINISTRATION OF FOREIGN AFFAIRS 4 OFFICE OF INSPECTOR GENERAL 5 For an additional amount for ‘‘Office of Inspector 6 General’’, $2,000,000, to remain available until September 7 30, 2022, for oversight of funds administered by the De- 8 partment of State and made available to prevent, prepare 9 for, and respond to coronavirus by this title and by prior 10 acts: 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 GENERAL PROVISIONS — THIS TITLE 15 (INCLUDING TRANSFER OF FUNDS) 16 SEC. 10801. Section 21005 of the Emergency Appro- 17 priations for Coronavirus Health Response and Agency 18 Operations (division B of Public Law 116–136) is amend- 19 ed by inserting at the end before the period ‘‘and is further 20 amended by striking ‘$5,563,619’ in the second proviso 21 under the heading ‘Repatriation Loans Program Account’ 22 and inserting in lieu thereof ‘$15,563,619’ ’’. 23 SEC. 10802. Section 21009 of the Emergency Appro- 24 priations for Coronavirus Health Response and Agency 25 122 •HR 6800 EH Operations (division B of Public Law 116–136) is amend- 1 ed by striking ‘‘fiscal year 2020’’ and inserting in lieu 2 thereof ‘‘fiscal years 2020 and 2021’’: Provided, That the 3 amount provided by this section is designated by the Con- 4 gress as being for an emergency requirement pursuant to 5 section 251(b)(2)(A)(i) of the Balanced Budget and 6 Emergency Deficit Control Act of 1985. 7 TITLE IX 8 TRANSPORTATION, HOUSING AND URBAN 9 DEVELOPMENT, AND RELATED AGENCIES 10 DEPARTMENT OF TRANSPORTATION 11 FEDERAL AVIATION ADMINISTRATION 12 OPERATIONS 13 For an additional amount for ‘‘Operations’’, 14 $75,000,000, to remain available until September 30, 15 2022, to prevent, prepare for, and respond to coronavirus: 16 Provided, That amounts made available under this head- 17 ing in this Act shall be derived from the general fund, 18 of which not less than $1,000,000 shall be for the Admin- 19 istrator to seek to enter into an agreement not later than 20 45 days after the date of enactment of this Act with a 21 research organization established under chapter 1503 of 22 title 36, United States Code, to conduct a study to deter- 23 mine whether the environmental controls systems in com- 24 mercial airliners recirculate pathogens in the cabin air and 25 123 •HR 6800 EH to assess existing and potential technological solutions to 1 reduce pathogen recirculation and to mitigate any elevated 2 risk of exposure to pathogens in the cabin air: Provided 3 further That such amount is designated by the Congress 4 as being for 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 FEDERAL HIGHWAY ADMINISTRATION 8 HIGHWAY INFRASTRUCTURE PROGRAMS 9 For an additional amount for ‘‘Highway Infrastruc- 10 ture Programs’’, $15,000,000,000, to remain available 11 until expended: Provided, That the funds made available 12 under this heading shall be derived from the general fund, 13 shall be in addition to any funds provided for fiscal year 14 2020 in this or any other Act for ‘‘Federal-aid Highways’’ 15 under chapters 1 or 2 of title 23, United States Code, 16 and shall not affect the distribution or amount of funds 17 provided in any other Act: Provided further, That notwith- 18 standing chapter 1 of title 23, United States Code, or any 19 other provision of law, a State, territory, Puerto Rico, or 20 Indian Tribe may use funds made available under this 21 heading in this Act for activities eligible under section 22 133(b) of title 23, United States Code, for administrative 23 and operations expenses, including salaries of employees 24 (including those employees who have been placed on ad- 25 124 •HR 6800 EH ministrative leave) or contractors, information technology 1 needs, and availability payments: Provided further, That 2 of the funds made available under this heading, 3 $14,775,000,000 shall be available for States, 4 $150,000,000 shall be available for the Tribal Transpor- 5 tation Program, as described in section 202 of title 23, 6 United States Code, $60,000,000 shall be available for the 7 Puerto Rico Highway Program, as described in section 8 165(b)(2)(C)(iii) of such title; and $15,000,000 shall be 9 available for under the Territorial Highway Program, as 10 described in section 165(c)(6) of such title: Provided fur- 11 ther, That for the purposes of funds made available under 12 this heading the term ‘‘State’’ means any of the 50 States 13 or the District of Columbia: Provided further, That the 14 funds made available under this heading for States shall 15 be apportioned to States in the same ratio as the obliga- 16 tion limitation for fiscal year 2020 was distributed among 17 the States in accordance with the formula specified in sec- 18 tion 120(a)(5) of division H of Public Law 116–94 and 19 shall be apportioned not later than 30 days after the date 20 of enactment of this Act: Provided further, That the funds 21 made available under this heading shall be administered 22 as if apportioned under chapter 1 of title 23, United 23 States Code, except that activities eligible under the Tribal 24 Transportation Program shall be administered as if allo- 25 125 •HR 6800 EH cated under chapter 2 of title 23, United States Code: Pro- 1 vided further, That funds apportioned to a State under 2 this heading shall be suballocated within the State to areas 3 described in subsection 133(d)(1)(A)(i) of title 23, United 4 States Code, in the same ratio that funds suballocated to 5 those areas for fiscal year 2020 bears to the total amount 6 of funds apportioned to the State for the Federal-aid high- 7 way program under section 104 of such title for fiscal year 8 2020: Provided further, That of funds made available 9 under this heading for activities eligible under section 10 133(b) of title 23, United States Code, any such activity 11 shall be subject to the requirements of section 133(i) of 12 such title: Provided further, That, except as provided in 13 the following proviso, the funds made available under this 14 heading for activities eligible under the Puerto Rico High- 15 way Program and activities eligible under the Territorial 16 Highway Program shall be administered as if allocated 17 under sections 165(b) and 165(c), respectively, of such 18 title: Provided further, That the funds made available 19 under this heading for activities eligible under the Puerto 20 Rico Highway Program shall not be subject to the require- 21 ments of sections 165(b)(2)(A) or 165(b)(2)(B) of such 22 title: Provided further, That for amounts subject to the 23 obligation limitation under the heading ‘‘Department of 24 Transportation—Federal Highway Administration—Fed- 25 126 •HR 6800 EH eral-aid Highways—(Limitation on Obligations)—(High- 1 way Trust Fund)’’ in Public Law 116–94 for fiscal year 2 2020 that are obligated after the date of enactment of this 3 Act, and for any amounts made available under this head- 4 ing in this Act, the Federal share of the costs shall be, 5 at the option of the State, District of Columbia, territory, 6 Puerto Rico, or Indian Tribe, up to 100 percent, and may 7 be available for administrative and operations expenses, 8 including salaries of employees (including those employees 9 who have been placed on administrative leave) or contrac- 10 tors, information technology needs, and availability pay- 11 ments: Provided further, That section 120(c) of Public 12 Law 116–94 shall not apply for fiscal year 2020, and that 13 amounts that would otherwise have been redistributed by 14 section 120(c) shall be retained by States and shall be 15 available for their original purpose until September 30, 16 2021, except that such amounts shall be subject to such 17 redistribution in fiscal year 2021: Provided further, That 18 amounts made available under section 147 of title 23, 19 United States Code, for fiscal years 2019 and 2020 are 20 available for the administrative and operating expenses of 21 eligible entities related to the response to a coronavirus 22 public health emergency beginning on January 20, 2020, 23 reimbursement for administrative and operating costs to 24 maintain service including the purchase of personal pro- 25 127 •HR 6800 EH tective equipment, and paying the administrative leave of 1 operations personnel due to reductions in service: Provided 2 further, That funds made available for administrative and 3 operating expenses authorized for fiscal year 2020 in Pub- 4 lic Law 116–94 or in this Act under this heading are not 5 required to be included in a transportation improvement 6 program or a statewide transportation improvement pro- 7 gram under sections 134 or 135 of title 23, United States 8 Code, or chapter 53 of title 49, United States Code, as 9 applicable: Provided further, That unless otherwise speci- 10 fied, applicable requirements under title 23, United States 11 Code, shall apply to funds made available under this head- 12 ing: Provided further, That the Administrator of the Fed- 13 eral Highway Administration may retain up to one half 14 of one percent of the funds made available under this 15 heading to fund the oversight by the Administrator of ac- 16 tivities carried out with funds made available under this 17 heading: Provided further, That such amount is designated 18 by the Congress as being for an emergency requirement 19 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 20 et and Emergency Deficit Control Act of 1985. 21 FEDERAL TRANSIT ADMINISTRATION 22 PUBLIC TRANSPORTATION EMERGENCY RELIEF 23 For an additional amount for ‘‘Public Transportation 24 Emergency Relief’’, $15,750,000,000, to remain available 25 128 •HR 6800 EH until expended, to prevent, prepare for, and respond to 1 coronavirus: Provided, That of the amounts appropriated 2 under this heading in this Act— 3 (1) $11,750,000,000 shall be for grants to ur- 4 banized areas with populations over 3,000,000 and 5 shall be allocated in the same ratio as funds were 6 provided in fiscal year 2020: Provided, That 15 per- 7 cent of the amounts provided in this paragraph shall 8 be allocated as if such funds were provided under 9 section 5307 of title 49, United States Code and ap- 10 portioned in accordance with section 5336 of such 11 title (other than subsection (b)(3) and (c)(1)(A)) 12 and 85 percent of the amounts provided in this 13 paragraph shall be allocated under section 5337 of 14 such title and apportioned in accordance with such 15 section: Provided further, That funds provided under 16 section 5337 shall be added to funds apportioned 17 under section 5307 for administration in accordance 18 with provisions under section 5307: Provided further, 19 That for urbanized areas with multiple subrecipi- 20 ents, funds provided under section 5337 in this 21 paragraph shall be distributed among subrecipients 22 using the same ratio used to distribute funds made 23 available for section 5337 in fiscal year 2020; and 24 129 •HR 6800 EH (2) $4,000,000,000 shall be for grants to tran- 1 sit agencies that, as a result of coronavirus, require 2 significant additional assistance to maintain basic 3 transit services: Provided, That such funds shall be 4 administered as if they were provided under section 5 5324 of title 49, United States Code: Provided fur- 6 ther, That any recipient or subrecipient of funds 7 under chapter 53 of title 49, United States Code, or 8 an intercity bus service provider that has, since Oc- 9 tober 1, 2018, partnered with a recipient or sub- 10 recipient in order to meet the requirements of sec- 11 tion 5311(f) of such title shall be eligible to directly 12 apply for funds under this paragraph: Provided fur- 13 ther, That entities that are subrecipients of funds 14 under chapter 53 of title 49 and have partnered with 15 a recipient or subrecipient in order to meet the re- 16 quirements of section 5311(f) of such title shall be 17 eligible to receive not more than 18.75 percent of 18 the total funds provided under this paragraph: Pro- 19 vided further, That such entities shall use assistance 20 provided under this heading only for workforce re- 21 tention or, the recall or rehire of any laid off, fur- 22 loughed, or terminated employee, associated with the 23 provision of bus service: Provided further, That, the 24 Secretary shall issue a Notice of Funding Oppor- 25 130 •HR 6800 EH tunity not later than 30 days after the date of enact- 1 ment of this Act and that such Notice of Funding 2 Opportunity shall require application submissions 3 not later than 45 days after the enactment of this 4 Act: Provided further, That the Secretary shall make 5 awards not later than 45 days after the application 6 deadline: Provided further, That the Secretary shall 7 require grantees to provide estimates of financial 8 need, data on reduced ridership, and a spending 9 plan for funds: Provided further, That when evalu- 10 ating applications for assistance, the Secretary shall 11 give priority to transit agencies with the largest rev- 12 enue loss as a percentage of their operating ex- 13 penses: Provided further, That if applications for as- 14 sistance do not exceed available funds, the Secretary 15 shall reserve the remaining amounts for grantees to 16 prevent, prepare for, and respond to coronavirus and 17 shall accept applications on a rolling basis: Provided 18 further, That if amounts made available under this 19 heading in this Act remain unobligated on December 20 31, 2021, such amounts shall be available for any 21 purpose eligible under section 5324 of title 49, 22 United States Code: 23 Provided further, That the provision of funds under this 24 section shall not affect the ability of any other agency of 25 131 •HR 6800 EH the Government, including the Federal Emergency Man- 1 agement Agency, or State agency, a local governmental 2 entity, organization, or person, to provide any other funds 3 otherwise authorized by law: Provided further, That not- 4 withstanding subsection (a)(1) or (b) of section 5307 of 5 title 49, United States Code, subsection (a)(1) of section 6 5324 of such title, or any provision of chapter 53 of title 7 49, funds provided under this heading in this Act are 8 available for the operating expenses of transit agencies re- 9 lated to the response to a coronavirus public health emer- 10 gency, including, beginning on January 20, 2020, reim- 11 bursement for operating costs to maintain service and lost 12 revenue due to the coronavirus public health emergency, 13 including the purchase of personal protective equipment, 14 and paying the administrative leave of operations or con- 15 tractor personnel due to reductions in service: Provided 16 further, That to the maximum extent possible, funds made 17 available under this heading in this Act and in title XII 18 of division B of the CARES Act (Public Law 116–136) 19 shall be directed to payroll and public transit service, un- 20 less the recipient certifies to the Secretary they have not 21 furloughed any employees: Provided further, That such op- 22 erating expenses are not required to be included in a 23 transportation improvement program, long-range trans- 24 portation plan, statewide transportation plan, or a state- 25 132 •HR 6800 EH wide transportation improvement program: Provided fur- 1 ther, That the Secretary shall not waive the requirements 2 of section 5333 of title 49, United States Code, for funds 3 appropriated under this heading in this Act: Provided fur- 4 ther, That unless otherwise specified, applicable require- 5 ments under chapter 53 of title 49, United States Code, 6 shall apply to funding made available under this heading 7 in this Act, except that the Federal share of the costs for 8 which any grant is made under this heading in this Act 9 shall be, at the option of the recipient, up to 100 percent: 10 Provided further, That the amount made available under 11 this heading in this Act shall be derived from the general 12 fund and shall not be subject to any limitation on obliga- 13 tions for transit programs set forth in any Act: Provided 14 further, That not more than one-half of one percent of the 15 funds for transit infrastructure grants provided under this 16 heading in this Act shall be available for administrative 17 expenses and ongoing program management oversight as 18 authorized under sections 5334 and 5338(f)(2) of title 49, 19 United States Code, and shall be in addition to any other 20 appropriations for such purpose: Provided further, That 21 such amount is designated by the Congress as being for 22 an emergency requirement pursuant to section 23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 24 Deficit Control Act of 1985. 25 133 •HR 6800 EH DEPARTMENT OF HOUSING AND URBAN 1 DEVELOPMENT 2 PUBLIC AND INDIAN HOUSING 3 TENANT-BASED RENTAL ASSISTANCE 4 (INCLUDING TRANSFER OF FUNDS) 5 For an additional amount for ‘‘Tenant-Based Rental 6 Assistance’’, $4,000,000,000, to remain available until ex- 7 pended, and to be used under the same authority and con- 8 ditions as the additional appropriations for fiscal year 9 2020 under this heading in title XII of division B of the 10 CARES Act (Public Law 116–136), except that any 11 amounts provided for administrative expenses and other 12 expenses of public housing agencies for their section 8 pro- 13 grams, including Mainstream vouchers, under this heading 14 in the CARES Act (Public Law 116–136) and under this 15 heading in this Act shall also be available for Housing As- 16 sistance Payments under section 8(o) of the United States 17 Housing Act of 1937 (42 U.S.C. 1437f(o)): Provided, 18 That amounts made available under this heading in this 19 Act and under the same heading in title XII of division 20 B of the CARES Act may be used to cover or reimburse 21 allowable costs incurred to prevent, prepare for, and re- 22 spond to coronavirus regardless of the date on which such 23 costs were incurred: Provided further, That of the amounts 24 made available under this heading in this Act, 25 134 •HR 6800 EH $500,000,000 shall be available for administrative ex- 1 penses and other expenses of public housing agencies for 2 their section 8 programs, including Mainstream vouchers: 3 Provided further, That of the amounts made available 4 under this heading in this Act, $2,500,000,000 shall be 5 available for adjustments in the calendar year 2020 sec- 6 tion 8 renewal funding allocations, including Mainstream 7 vouchers, for public housing agencies that experience a 8 significant increase in voucher per-unit costs due to ex- 9 traordinary circumstances or that, despite taking reason- 10 able cost savings measures, as determined by the Sec- 11 retary, would otherwise be required to terminate rental as- 12 sistance for families as a result of insufficient funding: 13 Provided further, That of the amounts made available 14 under this heading in this Act, $1,000,000,000 shall be 15 used for incremental rental voucher assistance under sec- 16 tion 8(o) of the United States Housing Act of 1937 for 17 use by individuals and families who are—homeless, as de- 18 fined under section 103(a) of the McKinney-Vento Home- 19 less Assistance Act (42 U.S.C. 11302(a)); at risk of home- 20 lessness, as defined under section 401(1) of the McKin- 21 ney-Vento Homeless Assistance Act (42 U.S.C. 11360(1)); 22 or fleeing, or attempting to flee, domestic violence, dating 23 violence, sexual assault, or stalking: Provided further, That 24 the Secretary shall allocate amounts made available in the 25 135 •HR 6800 EH preceding proviso to public housing agencies not later than 1 60 days after the date of enactment of this Act, according 2 to a formula that considers the ability of the public hous- 3 ing agency to use vouchers promptly and the need of geo- 4 graphical areas based on factors to be determined by the 5 Secretary, such as risk of transmission of coronavirus, 6 high numbers or rates of sheltered and unsheltered home- 7 lessness, and economic and housing market conditions: 8 Provided further, That if a public housing authority elects 9 not to administer or does not promptly issue all of its au- 10 thorized vouchers within a reasonable period of time, the 11 Secretary shall reallocate any unissued vouchers and asso- 12 ciated funds to other public housing agencies according 13 to the criteria in the preceding proviso: Provided further, 14 That a public housing agency shall not reissue any vouch- 15 ers under this heading in this Act for incremental rental 16 voucher assistance when assistance for the family initially 17 assisted is terminated: Provided further, That upon termi- 18 nation of incremental rental voucher assistance under this 19 heading in this Act for one or more families assisted by 20 a public housing agency, the Secretary shall reallocate 21 amounts that are no longer needed by such public housing 22 agency for assistance under this heading in this Act to 23 another public housing agency for the renewal of vouchers 24 previously authorized under this heading in this Act: Pro- 25 136 •HR 6800 EH vided further, That amounts made available in this para- 1 graph are in addition to any other amounts made available 2 for such purposes: Provided further, That up to 0.5 per- 3 cent of the amounts made available under this heading 4 in this Act may be transferred, in aggregate, to ‘‘Depart- 5 ment of Housing and Urban Development, Program Of- 6 fices—Public and Indian Housing’’ to supplement existing 7 resources for the necessary costs of administering and 8 overseeing the obligation and expenditure of these 9 amounts, to remain available until September 30, 2024: 10 Provided further, 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 PUBLIC HOUSING OPERATING FUND 15 (INCLUDING TRANSFER OF FUNDS) 16 For an additional amount for ‘‘Public Housing Oper- 17 ating Fund’’, as authorized by section 9(e) of the United 18 States Housing Act of 1937 (42 U.S.C. 1437g(e)), 19 $2,000,000,000, to remain available until September 30, 20 2021, and to be used under the same authority and condi- 21 tions as the additional appropriations for fiscal year 2020 22 under this heading in title XII of division B of the CARES 23 Act (Public Law 116–136): Provided, That amounts made 24 available under this heading in this Act and under the 25 137 •HR 6800 EH same heading in title XII of division B of the CARES Act 1 may be used to cover or reimburse allowable costs incurred 2 to prevent, prepare for, and respond to coronavirus re- 3 gardless of the date on which such costs were incurred: 4 Provided further, That up to 0.5 percent of the amounts 5 made available under this heading in this Act may be 6 transferred, in aggregate, to ‘‘Department of Housing and 7 Urban Development, Program Offices—Public and Indian 8 Housing’’ to supplement existing resources for the nec- 9 essary costs of administering and overseeing the obligation 10 and expenditure of these amounts, to remain available 11 until September 30, 2024: Provided further, That such 12 amount is designated by the Congress as being for an 13 emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 COMMUNITY PLANNING AND DEVELOPMENT 17 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 18 For an additional amount for ‘‘Housing Opportuni- 19 ties for Persons with AIDS’’, $15,000,000, to remain 20 available until September 30, 2021, and to be used under 21 the same authority and conditions as the additional appro- 22 priations for fiscal year 2020 under this heading in title 23 XII of division B of the CARES Act (Public Law 116– 24 136): Provided, That amounts provided under this heading 25 138 •HR 6800 EH in this Act that are allocated pursuant to section 854(c)(5) 1 of the AIDS Housing Opportunity Act (42 U.S.C. 12901 2 et seq.) shall remain available until September 30, 2022: 3 Provided further, That not less than $15,000,000 of the 4 amount provided under this heading in this Act shall be 5 allocated pursuant to the formula in section 854 of such 6 Act using the same data elements as utilized pursuant to 7 that same formula in fiscal year 2020: Provided further, 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 COMMUNITY DEVELOPMENT FUND 13 (INCLUDING TRANSFER OF FUNDS) 14 For an additional amount for ‘‘Community Develop- 15 ment Fund’’, $5,000,000,000, to remain available until 16 September 30, 2023, and to be used under the same au- 17 thority and conditions as the additional appropriations for 18 fiscal year 2020 under this heading in title XII of division 19 B of the CARES Act (Public Law 116–136): Provided, 20 That such amount made available under this heading in 21 this Act shall be distributed pursuant to section 106 of 22 the Housing and Community Development Act of 1974 23 (42 U.S.C. 5306) to grantees that received allocations 24 pursuant to such formula in fiscal year 2020, and that 25 139 •HR 6800 EH such allocations shall be made within 30 days of enact- 1 ment of this Act: Provided further, That in administering 2 funds under this heading, an urban county shall consider 3 needs throughout the entire urban county configuration 4 to prevent, prepare for, and respond to coronavirus: Pro- 5 vided further, That up to $100,000,000 of amounts made 6 available under this heading in this Act may be used to 7 make new awards or increase prior awards to existing 8 technical assistance providers: Provided further, That of 9 the amounts made available under this heading in this 10 Act, up to $25,000,000 may be transferred to ‘‘Depart- 11 ment of Housing and Urban Development, Program Of- 12 fices—Community Planning and Development’’ for nec- 13 essary costs of administering and overseeing the obligation 14 and expenditure of amounts under this heading in this 15 Act, to remain available until September 30, 2028: Pro- 16 vided further, That such amount is designated by the Con- 17 gress as being for an emergency requirement pursuant to 18 section 251(b)(2)(A)(i) of the Balanced Budget and 19 Emergency Deficit Control Act of 1985. 20 HOMELESS ASSISTANCE GRANTS 21 (INCLUDING TRANSFER OF FUNDS) 22 For an additional amount for ‘‘Homeless Assistance 23 Grants’’, $11,500,000,000, to remain available until Sep- 24 tember 30, 2025, for the Emergency Solutions Grants pro- 25 140 •HR 6800 EH gram as authorized under subtitle B of title IV of the 1 McKinney-Vento Homeless Assistance Act (42 U.S.C. 2 11371 et seq.), as amended, and to be used under the 3 same authority and conditions as the additional appropria- 4 tions for fiscal year 2020 under this heading in title XII 5 of division B of the CARES Act (Public Law 116–136): 6 Provided, That $4,000,000,000 of the amount made avail- 7 able under this heading in this Act shall be distributed 8 pursuant to 24 CFR 576.3 to grantees that received allo- 9 cations pursuant to that same formula in fiscal year 2020, 10 and that such allocations shall be made within 30 days 11 of enactment of this Act: Provided further, That, in addi- 12 tion to amounts allocated in the preceding proviso, remain- 13 ing amounts shall be allocated directly to a State or unit 14 of general local government by the formula specified in 15 the third proviso under this heading in title XII of division 16 B of the CARES Act (Public Law 116–136): Provided fur- 17 ther, That not later than 90 days after the date of enact- 18 ment of this Act and every 60 days thereafter, the Sec- 19 retary shall allocate a minimum of an additional 20 $500,000,000, pursuant to the formula referred to in the 21 preceding proviso, based on the best available data: Pro- 22 vided further, That up to 0.5 percent of the amounts made 23 available under this heading in this Act may be trans- 24 ferred to ‘‘Department of Housing and Urban Develop- 25 141 •HR 6800 EH ment—Program Offices—Community Planning and De- 1 velopment’’ for necessary costs of administering and over- 2 seeing the obligation and expenditure of amounts under 3 this heading in this Act, to remain available until Sep- 4 tember 30, 2030: Provided further, That funds made avail- 5 able under this heading in this Act and under this heading 6 in title XII of division B of the CARES Act (Public Law 7 116–136) may be used for eligible activities the Secretary 8 determines to be critical in order to assist survivors of do- 9 mestic violence, sexual assault, dating violence, and stalk- 10 ing or to assist homeless youth, age 24 and under: Pro- 11 vided further, That amounts repurposed by this paragraph 12 that were previously designated by the Congress as an 13 emergency requirement pursuant to the Balanced Budget 14 and Emergency Deficit Control Act of 1985 are des- 15 ignated by the Congress as 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: Provided 18 further, That such amount is designated by the Congress 19 as being for an emergency requirement pursuant to sec- 20 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 21 gency Deficit Control Act of 1985. 22 EMERGENCY RENTAL ASSISTANCE 23 For activities and assistance authorized in section 24 110201, $100,000,000,000, to remain available until ex- 25 142 •HR 6800 EH pended: Provided, That such amount is designated by the 1 Congress as being for an emergency requirement pursuant 2 to section 251(b)(2)(A)(i) of the Balanced Budget and 3 Emergency Deficit Control Act of 1985. 4 HOUSING PROGRAMS 5 PROJECT-BASED RENTAL ASSISTANCE 6 For an additional amount for ‘‘Project-Based Rental 7 Assistance’’, $750,000,000, to remain available until ex- 8 pended, and to be used under the same authority and con- 9 ditions as the additional appropriations for fiscal year 10 2020 under this heading in title XII of division B of the 11 CARES Act (Public Law 116–136): Provided, That such 12 amount is designated by the Congress as being for an 13 emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 HOUSING FOR THE ELDERLY 17 For an additional amount for ‘‘Housing for the El- 18 derly’’, $500,000,000, to remain available until September 19 30, 2023, and to be used under the same authority and 20 conditions as the additional appropriations for fiscal year 21 2020 under this heading in title XII of division B of the 22 CARES Act (Public Law 116–136): Provided, That not- 23 withstanding the first proviso under this heading in the 24 CARES Act, $300,000,000 of the amount made available 25 143 •HR 6800 EH under this heading in this Act shall be for one-time grants 1 for service coordinators, as authorized under section 676 2 of the Housing and Community Development Act of 1992 3 (42 U.S.C. 13632), and the continuation of existing con- 4 gregate service grants for residents of assisted housing 5 projects: Provided further, That such amount is designated 6 by the Congress as being for 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. 9 HOUSING FOR PERSONS WITH DISABILITIES 10 For an additional amount for ‘‘Housing for Persons 11 with Disabilities’’, $200,000,000, to remain available until 12 September 30, 2023, and to be used under the same au- 13 thority and conditions as the additional appropriations for 14 fiscal year 2020 under this heading in title XII of division 15 B of the CARES Act (Public Law 116–136): Provided, 16 That such amount is designated by the Congress as being 17 for an emergency requirement pursuant to section 18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 19 Deficit Control Act of 1985. 20 HOUSING COUNSELING ASSISTANCE 21 For an additional amount for ‘‘Housing Counseling 22 Assistance’’, for contracts, grants, and other assistance 23 excluding loans, as authorized under section 106 of the 24 Housing and Urban Development Act of 1968, 25 144 •HR 6800 EH $100,000,000, to remain available until September 30, 1 2022, including up to $8,000,000 for administrative con- 2 tract services: Provided, That funds made available under 3 this heading in this Act shall be used for providing coun- 4 seling and advice to tenants and homeowners, both current 5 and prospective, with respect to property maintenance, fi- 6 nancial management or literacy, foreclosure and eviction 7 mitigation, and such other matters as may be appropriate 8 to assist them in improving their housing conditions, meet- 9 ing their financial needs, and fulfilling the responsibilities 10 of tenancy or homeownership; for program administration; 11 and for housing counselor training: Provided further, That 12 amounts made available under this heading in this Act 13 may be used to purchase equipment and technology to de- 14 liver services through use of the Internet or other elec- 15 tronic or virtual means in response to the public health 16 emergency related to the Coronavirus Disease 2019 17 (COVID–19) pandemic: Provided further, That for pur- 18 poses of providing such grants from amounts provided 19 under this heading, the Secretary may enter into 20 multiyear agreements, as appropriate, subject to the avail- 21 ability of annual appropriations: Provided further, That 22 such amount is designated by the Congress as being for 23 an emergency requirement pursuant to section 24 145 •HR 6800 EH 251(b)(2)(A)(i) of the Balanced Budget and Emergency 1 Deficit Control Act of 1985. 2 FAIR HOUSING AND EQUAL OPPORTUNITY 3 FAIR HOUSING ACTIVITIES 4 For an additional amount for ‘‘Fair Housing Activi- 5 ties’’, $14,000,000, to remain available until September 6 30, 2022, and to be used under the same authority and 7 conditions as the additional appropriations for fiscal year 8 2020 under this heading in title XII of division B of the 9 CARES Act (Public Law 116–136): Provided, That of the 10 funds made available under this heading in this Act, 11 $4,000,000 shall be for Fair Housing Organization Initia- 12 tive grants through the Fair Housing Initiatives Program 13 (FHIP), made available to existing grantees, which may 14 be used for fair housing activities and for technology and 15 equipment needs to deliver services through use of the 16 Internet or other electronic or virtual means in response 17 to the public health emergency related to the Coronavirus 18 Disease 2019 (COVID–19) pandemic: Provided further, 19 That of the funds made available under this heading in 20 this Act, $10,000,000 shall be for FHIP Education and 21 Outreach grants made available to previously-funded na- 22 tional media grantees and State and local education and 23 outreach grantees, to educate the public and the housing 24 industry about fair housing rights and responsibilities dur- 25 146 •HR 6800 EH ing the COVID–19 pandemic: Provided further, That such 1 grants in the preceding proviso shall be divided evenly be- 2 tween the national media campaign and education and 3 outreach activities: Provided further, That such amount is 4 designated by the Congress as being for an emergency re- 5 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 6 anced Budget and Emergency Deficit Control Act of 1985. 7 GENERAL PROVISIONS—THIS TITLE 8 (INCLUDING RESCISSIONS) 9 SEC. 10901. There is hereby appropriated from the 10 General Fund of the Treasury, for payment to the Airport 11 and Airway Trust Fund, an amount equal to the amount 12 authorized by section 9502(c) of title 26, United States 13 Code. 14 SEC. 10902. Amounts previously made available in 15 the Further Continuing Appropriations Act, 2013 (Public 16 Law 113–6) for the heading ‘‘Department of Housing and 17 Urban Development—Public and Indian Housing—Choice 18 Neighborhoods Initiative’’ shall remain available for ex- 19 penditure for the purpose of paying valid obligations in- 20 curred prior to the expiration of such amounts through 21 September 30, 2021. 22 SEC. 10903. The provision under the heading ‘‘Office 23 of the Inspector General—Salaries and Expenses’’ in title 24 XII of division B of the Coronavirus Aid, Relief, and Eco- 25 147 •HR 6800 EH nomic Security Act (Public Law 116–136) is amended by 1 striking ‘‘with funds made available in this Act to’’ and 2 inserting ‘‘by’’: Provided, That the amounts repurposed in 3 this section that were previously designated by the Con- 4 gress as an emergency requirement pursuant to the Bal- 5 anced Budget and Emergency Deficit Control Act of 1985 6 are designated by the Congress as an emergency require- 7 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 8 Budget and Emergency Deficit Control Act of 1985. 9 SEC. 10904. (a) Notwithstanding section 10 51309(a)(1)(B) of title 46, United States Code, for fiscal 11 year 2020, the Secretary of Transportation may confer the 12 degree of bachelor of science on an individual who has not 13 passed the examination for a merchant marine officer’s 14 license due to intervening efforts to prevent, prepare for, 15 and respond to coronavirus. 16 (b) The Secretary of Transportation may provide 17 such individual up to 1 year after receipt of such degree 18 to pass the examination for a merchant marine officer’s 19 license. 20 (c) Nothing in this section shall be construed to allow 21 the provision of a license under section 7101 of title 46, 22 United States Code, to an individual who has not passed 23 the required examination. 24 148 •HR 6800 EH SEC. 10905. (a) Notwithstanding section 1 51506(a)(3) of title 46, United States Code, for fiscal year 2 2020, the Secretary of Transportation may allow a State 3 maritime academy to waive a condition for graduation for 4 an individual to pass the examination required for the 5 issuance of a license under section 7101 of title 46, United 6 States Code, due to intervening efforts to prevent, prepare 7 for, and respond to coronavirus. 8 (b) The Secretary of Transportation may provide 9 such individual up to 1 year after graduation to pass such 10 examination. 11 (c) Nothing in this section shall be construed to allow 12 the provision of a license under section 7101 of title 46, 13 United States Code, to an individual who has not passed 14 the required examination. 15 SEC. 10906. Amounts made available under the head- 16 ings ‘‘Project-Based Rental Assistance,’’ ‘‘Housing for the 17 Elderly’’ and ‘‘Housing for Persons With Disabilities’’ in 18 title XII of division B of the CARES Act (Public Law 19 116–136) and under such headings in this title of this Act 20 may be used, notwithstanding any other provision of law, 21 to provide additional funds to maintain operations for 22 such housing, for providing supportive services, and for 23 taking other necessary actions to prevent, prepare for, and 24 respond to coronavirus, including to actions to self-isolate, 25 149 •HR 6800 EH quarantine, or to provide other coronavirus infection con- 1 trol services as recommended by the Centers for Disease 2 Control and Prevention, including providing relocation 3 services for residents of such housing to provide lodging 4 at hotels, motels, or other locations: Provided, That the 5 amounts repurposed pursuant to 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 TITLE X 13 GENERAL PROVISIONS—THIS DIVISION 14 SEC. 11001. Not later than 30 days after the date 15 of enactment of this Act, the head of each executive agen- 16 cy that receives funding in any division of this Act, or that 17 received funding in the Coronavirus Preparedness and Re- 18 sponse Supplemental Appropriations Act, 2020 (division 19 A of Public Law 116–123), the Second Coronavirus Pre- 20 paredness and Response Supplemental Appropriations 21 Act, 2020 (division A of Public Law 116–127), the 22 CARES Act (Public Law 116–136), or the Paycheck Pro- 23 tection Program and Health Care Enhancement Act (Pub- 24 lic Law 116–139) shall provide a report detailing the an- 25 150 •HR 6800 EH ticipated uses of all such funding to the Committees on 1 Appropriations of the House of Representatives and the 2 Senate: Provided, That each report shall include estimated 3 personnel and administrative costs, as well as the total 4 amount of funding apportioned, allotted, obligated, and 5 expended, to date: Provided further, That each such report 6 shall be updated and submitted to such Committees every 7 60 days until all funds are expended or expire: Provided 8 further, That reports submitted pursuant to this section 9 shall satisfy the requirements of section 1701 of division 10 A of Public Law 116–127. 11 SEC. 11002. Each amount appropriated or made 12 available by this Act is in addition to amounts otherwise 13 appropriated for the fiscal year involved. 14 SEC. 11003. No part of any appropriation contained 15 in this Act shall remain available for obligation beyond 16 the current fiscal year unless expressly so provided herein. 17 SEC. 11004. Unless otherwise provided for by this 18 Act, the additional amounts appropriated by this Act to 19 appropriations accounts shall be available under the au- 20 thorities and conditions applicable to such appropriations 21 accounts for fiscal year 2020. 22 SEC. 11005. Each amount designated in this Act by 23 the Congress as being for an emergency requirement pur- 24 suant to section 251(b)(2)(A)(i) of the Balanced Budget 25 151 •HR 6800 EH and Emergency Deficit Control Act of 1985 shall be avail- 1 able (or rescinded or transferred, if applicable) only if the 2 President subsequently so designates all such amounts 3 and transmits such designations to the Congress. 4 SEC. 11006. Any amount appropriated by this Act, 5 designated by the Congress as 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 and subse- 8 quently so designated by the President, and transferred 9 pursuant to transfer authorities provided by this Act shall 10 retain such designation. 11 SEC. 11007. (a) Any contract or agreement entered 12 into by an agency with a State or local government or any 13 other non-Federal entity for the purposes of providing cov- 14 ered assistance, including any information and documents 15 related to the performance of and compliance with such 16 contract or agreement, shall be— 17 (1) deemed an agency record for purposes of 18 section 552(f)(2) of title 5, United States Code; and 19 (2) subject to section 552 of title 5, United 20 States Code (commonly known as the ‘‘Freedom of 21 Information Act’’). 22 (b) In this section— 23 152 •HR 6800 EH (1) the term ‘‘agency’’ has the meaning given 1 the term in section 551 of title 5, United States 2 Code; and 3 (2) the term ‘‘covered assistance’’— 4 (A) means any assistance provided by an 5 agency in accordance with an Act or amend- 6 ments made by an Act to provide aid, assist- 7 ance, or funding related to the outbreak of 8 COVID–19 that is enacted before, on, or after 9 the date of enactment of this Act; and 10 (B) includes any such assistance made 11 available by an agency under— 12 (i) this Act; 13 (ii) the Paycheck Protection Program 14 and Health Care Enhancement Act (Public 15 Law 116–139), or an amendment made by 16 that Act; 17 (iii) the CARES Act (Public Law 18 116–136), or an amendment made by that 19 Act; 20 (iv) the Families First Coronavirus 21 Response Act (Public Law 116–127), or an 22 amendment made by that Act; or 23 (v) the Coronavirus Preparedness and 24 Response Supplemental Appropriations 25 153 •HR 6800 EH Act, 2020 (Public Law 116–123), or an 1 amendment made by that Act. 2 SEC. 11008. (a) Notwithstanding any other provision 3 of law and in a manner consistent with other provisions 4 in any division of this Act, all laborers and mechanics em- 5 ployed by contractors and subcontractors on projects fund- 6 ed directly by or assisted in whole or in part by and 7 through the Federal Government pursuant to any division 8 of this Act shall be paid wages at rates not less than those 9 prevailing on projects of a character similar in the locality 10 as determined by the Secretary of Labor in accordance 11 with subchapter IV of chapter 31 of title 40, United States 12 Code. With respect to the labor standards specified in this 13 section, the Secretary of Labor shall have the authority 14 and functions set forth in Reorganization Plan Numbered 15 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 16 3145 of title 40, United States Code. 17 (b) The amounts provided by this section are des- 18 ignated by the Congress as being for an emergency re- 19 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 20 anced Budget and Emergency Deficit Control Act of 1985. 21 BUDGETARY EFFECTS 22 SEC. 11009. (a) STATUTORY PAYGO EMERGENCY 23 DESIGNATION.—The amounts provided under division B 24 and each succeeding division are designated as an emer- 25 gency requirement pursuant to section 4(g) of the Statu- 26 154 •HR 6800 EH tory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)), and 1 the budgetary effects shall not be entered on either 2 PAYGO scorecard maintained pursuant to section 4(d) of 3 such Act. 4 (b) SENATE PAYGO EMERGENCY DESIGNATION.— 5 In the Senate, division B and each succeeding division are 6 designated as an emergency requirement pursuant to sec- 7 tion 4112(a) of H. Con. Res. 71 (115th Congress), the 8 concurrent resolution on the budget for fiscal year 2018, 9 and the budgetary effects shall not be entered on any 10 PAYGO scorecard maintained for purposes of section 11 4106 of such concurrent resolution. 12 (c) CLASSIFICATION OF BUDGETARY EFFECTS.— 13 Notwithstanding Rule 3 of the Budget Scorekeeping 14 Guidelines set forth in the joint explanatory statement of 15 the committee of conference accompanying Conference Re- 16 port 105–217 and section 250(c)(8) of the Balanced 17 Budget and Emergency Deficit Control Act of 1985, the 18 budgetary effects of division B and each succeeding divi- 19 sion shall not be estimated— 20 (1) shall not be estimated for purposes of sec- 21 tion 251 of such Act; and 22 (2) for purposes of paragraph (4)(C) of section 23 3 of the Statutory Pay As-You-Go Act of 2010 as 24 being included in an appropriation Act. 25 155 •HR 6800 EH (d) ENSURING NO WITHIN-SESSION SEQUESTRA- 1 TION.—Solely for the purpose of calculating a breach with- 2 in a category for fiscal year 2020 pursuant to section 3 251(a)(6) or section 254(g) of the Balanced Budget and 4 Emergency Deficit Control Act of 1985, and notwith- 5 standing any other provision of this division, the budg- 6 etary effects from this division shall be counted as 7 amounts designated as being for an emergency require- 8 ment pursuant to section 251(b)(2)(A) of such Act. 9 This division may be cited as the ‘‘Coronavirus Re- 10 covery Supplemental Appropriations Act, 2020’’. 11 DIVISION B—REVENUE 12 PROVISIONS 13 SEC. 20001. SHORT TITLE. 14 This division may be cited as the ‘‘Worker Health 15 Coverage Protection Act’’. 16 TITLE I—ECONOMIC STIMULUS 17 Subtitle A—2020 Recovery Rebate 18 Improvements 19 SEC. 20101. DEPENDENTS TAKEN INTO ACCOUNT IN DETER- 20 MINING CREDIT AND REBATES. 21 (a) IN GENERAL.—Section 6428(a)(2) of the Internal 22 Revenue Code of 1986 is amended by striking ‘‘qualifying 23 children (within the meaning of section 24(c))’’ and insert- 24 ing ‘‘dependents (as defined in section 152)’’. 25 156 •HR 6800 EH (b) CONFORMING AMENDMENTS.— 1 (1) Section 6428(g) of such Code is amended 2 by striking ‘‘qualifying child’’ each place it appears 3 and inserting ‘‘dependent’’. 4 (2) Section 6428(g)(2)(B) of such Code is 5 amended by striking ‘‘such child’’ and inserting 6 ‘‘such dependent’’. 7 (c) EFFECTIVE DATE.—The amendments made by 8 this section shall take effect as if included in section 2201 9 of the CARES Act. 10 SEC. 20102. INDIVIDUALS PROVIDING TAXPAYER IDENTI- 11 FICATION NUMBERS TAKEN INTO ACCOUNT 12 IN DETERMINING CREDIT AND REBATES. 13 (a) IN GENERAL.—Section 6428(g) of the Internal 14 Revenue Code of 1986, as amended by section 20101 of 15 this Act, is amended to read as follows: 16 ‘‘(g) IDENTIFICATION NUMBER REQUIREMENT.— 17 ‘‘(1) IN GENERAL.—The $1,200 amount in sub- 18 section (a)(1) shall be treated as being zero unless 19 the taxpayer includes the TIN of the taxpayer on 20 the return of tax for the taxable year. 21 ‘‘(2) JOINT RETURNS.—In the case of a joint 22 return, the $2,400 amount in subsection (a)(1) shall 23 be treated as being— 24 157 •HR 6800 EH ‘‘(A) zero if the TIN of neither spouse is 1 included on the return of tax for the taxable 2 year, and 3 ‘‘(B) $1,200 if the TIN of only one spouse 4 is so included. 5 ‘‘(3) DEPENDENTS.—A dependent shall not be 6 taken into account under subsection (a)(2) unless 7 the TIN of such dependent is included on the return 8 of tax for the taxable year. 9 ‘‘(4) COORDINATION WITH CERTAIN ADVANCE 10 PAYMENTS.—In the case of any payment made pur- 11 suant to subsection (f)(5)(B), a TIN shall be treated 12 for purposes of this subsection as included on the 13 taxpayer’s return of tax if such TIN is provided pur- 14 suant to such subsection. 15 ‘‘(5) MATHEMATICAL OR CLERICAL ERROR AU- 16 THORITY.—Any omission of a correct TIN required 17 under this subsection shall be treated as a mathe- 18 matical or clerical error for purposes of applying sec- 19 tion 6213(g)(2) to such omission.’’. 20 (b) EFFECTIVE DATE.—The amendment made by 21 this section shall take effect as if included in section 2201 22 of the CARES Act. 23 158 •HR 6800 EH SEC. 20103. 2020 RECOVERY REBATES NOT SUBJECT TO RE- 1 DUCTION OR OFFSET WITH RESPECT TO 2 PAST-DUE SUPPORT. 3 (a) IN GENERAL.—Section 2201(d)(2) of the CARES 4 Act is amended by inserting ‘‘(c),’’ before ‘‘(d)’’. 5 (b) EFFECTIVE DATE.—The amendment made by 6 this section shall apply to credits and refunds allowed or 7 made after the date of the enactment of this Act. 8 SEC. 20104. PROTECTION OF 2020 RECOVERY REBATES. 9 (a) IN GENERAL.—Subsection (d) of section 2201 of 10 the CARES Act, as amended by the preceding provisions 11 of this Act, is amended— 12 (1) by redesignating paragraphs (1), (2), and 13 (3) as subparagraphs (A), (B), and (C), and by mov- 14 ing such subparagraphs 2 ems to the right, 15 (2) by striking ‘‘REDUCTION OR OFFSET.—Any 16 credit’’ and inserting ‘‘REDUCTION, OFFSET, GAR- 17 NISHMENT, ETC.— 18 ‘‘(1) IN GENERAL.—Any credit’’, and 19 (3) by adding at the end the following new 20 paragraphs: 21 ‘‘(2) ASSIGNMENT OF BENEFITS.— 22 ‘‘(A) IN GENERAL.—Any applicable pay- 23 ment shall not be subject to transfer, assign- 24 ment, execution, levy, attachment, garnishment, 25 or other legal process, or the operation of any 26 159 •HR 6800 EH bankruptcy or insolvency law, to the same ex- 1 tent as payments described in section 207 of 2 the Social Security Act (42 U.S.C. 407) without 3 regard to subsection (b) thereof. 4 ‘‘(B) ENCODING OF PAYMENTS.—As soon 5 as practicable after the date of the enactment 6 of this paragraph, the Secretary of the Treas- 7 ury shall encode applicable payments that are 8 paid electronically to any account— 9 ‘‘(i) with a unique identifier that is 10 reasonably sufficient to allow a financial 11 institution to identify the payment as a 12 payment protected under subparagraph 13 (A), and 14 ‘‘(ii) pursuant to the same specifica- 15 tions as required for a benefit payment to 16 which part 212 of title 31, Code of Federal 17 regulations applies. 18 ‘‘(C) GARNISHMENT.— 19 ‘‘(i) ENCODED PAYMENTS.—Upon re- 20 ceipt of a garnishment order that applies 21 to an account that has received an applica- 22 ble payment that is encoded as provided in 23 subparagraph (B), a financial institution 24 shall follow the requirements and proce- 25 160 •HR 6800 EH dures set forth in part 212 of title 31, 1 Code of Federal Regulations. This para- 2 graph shall not alter the status of pay- 3 ments as tax refunds or other nonbenefit 4 payments for purpose of any reclamation 5 rights of the Department of Treasury or 6 the Internal Revenue Service as per part 7 210 of title 31 of the Code of Federal Reg- 8 ulations. 9 ‘‘(ii) OTHER PAYMENTS.—If a finan- 10 cial institution receives a garnishment 11 order (other than an order that has been 12 served by the United States) that applies 13 to an account into which an applicable 14 payment that has not been encoded as pro- 15 vided in subparagraph (B) has been depos- 16 ited on any date in the prior 60 days (in- 17 cluding any date before the date of the en- 18 actment of this paragraph), the financial 19 institution, upon the request of the account 20 holder or for purposes of complying in 21 good faith with a State order, State law, 22 court order, or interpretation by a State 23 Attorney General relating to garnishment 24 order, may, but is not required to, treat 25 161 •HR 6800 EH the amount of the payment as exempt 1 under law from garnishment without re- 2 quiring the account holder to assert any 3 right of garnishment exemption or requir- 4 ing the consent of the judgment creditor. 5 ‘‘(iii) LIABILITY.—A financial institu- 6 tion that complies in good faith with clause 7 (i) or that acts in good faith in reliance on 8 clause (ii) shall not be liable under any 9 Federal or State law, regulation, or court 10 or other order to a creditor that initiates 11 an order for any protected amounts, to an 12 account holder for any frozen amounts or 13 garnishment order applied. 14 ‘‘(D) DEFINITIONS.—For purposes of this 15 paragraph— 16 ‘‘(i) ACCOUNT HOLDER.—The term 17 ‘account holder’ means a natural person 18 against whom a garnishment order is 19 issued and whose name appears in a finan- 20 cial institution’s records. 21 ‘‘(ii) APPLICABLE PAYMENT.—The 22 term ‘applicable payment’ means any pay- 23 ment of credit or refund by reason of sec- 24 162 •HR 6800 EH tion 6428 of such Code (as so added) or by 1 reason of subsection (c) of this section. 2 ‘‘(iii) GARNISHMENT.—The term ‘gar- 3 nishment’ means execution, levy, attach- 4 ment, garnishment, or other legal process. 5 ‘‘(iv) GARNISHMENT ORDER.—The 6 term ‘garnishment order’ means a writ, 7 order, notice, summons, judgment, levy, or 8 similar written instruction issued by a 9 court, a State or State agency, a munici- 10 pality or municipal corporation, or a State 11 child support enforcement agency, includ- 12 ing a lien arising by operation of law for 13 overdue child support or an order to freeze 14 the assets in an account, to effect a gar- 15 nishment against a debtor.’’. 16 (b) EFFECTIVE DATE.—The amendments made by 17 this section shall take effect on the date of the enactment 18 of this Act. 19 SEC. 20105. PAYMENTS TO REPRESENTATIVE PAYEES AND 20 FIDUCIARIES. 21 (a) IN GENERAL.—Section 6428(f) of the Internal 22 Revenue Code of 1986 is amended by redesignating para- 23 graph (6) as paragraph (7) and by inserting after para- 24 graph (5) the following new paragraph: 25 163 •HR 6800 EH ‘‘(6) PAYMENT TO REPRESENTATIVE PAYEES 1 AND FIDUCIARIES.— 2 ‘‘(A) IN GENERAL.—In the case of any in- 3 dividual for which payment information is pro- 4 vided to the Secretary by the Commissioner of 5 Social Security, the Railroad Retirement Board, 6 or the Secretary of Veterans Affairs, the pay- 7 ment by the Secretary under paragraph (3) 8 with respect to such individual may be made to 9 such individual’s representative payee or fidu- 10 ciary and the entire payment shall be— 11 ‘‘(i) provided to the individual who is 12 entitled to the payment, or 13 ‘‘(ii) used only for the benefit of the 14 individual who is entitled to the payment. 15 ‘‘(B) APPLICATION OF ENFORCEMENT 16 PROVISIONS.— 17 ‘‘(i) In the case of a payment de- 18 scribed in subparagraph (A) which is made 19 with respect to a social security beneficiary 20 or a supplemental security income recipi- 21 ent, section 1129(a)(3) of the Social Secu- 22 rity Act (42 U.S.C. 1320a–8(a)(3)) shall 23 apply to such payment in the same manner 24 164 •HR 6800 EH as such section applies to a payment under 1 title II or XVI of such Act. 2 ‘‘(ii) In the case of a payment de- 3 scribed in subparagraph (A) which is made 4 with respect to a railroad retirement bene- 5 ficiary, section 13 of the Railroad Retire- 6 ment Act (45 U.S.C. 231l) shall apply to 7 such payment in the same manner as such 8 section applies to a payment under such 9 Act. 10 ‘‘(iii) In the case of a payment de- 11 scribed in subparagraph (A) which is made 12 with respect to a veterans beneficiary, sec- 13 tions 5502, 6106, and 6108 of title 38, 14 United States Code, shall apply to such 15 payment in the same manner as such sec- 16 tions apply to a payment under such 17 title.’’. 18 (b) EFFECTIVE DATE.—The amendments made by 19 this section shall take effect as if included in section 2201 20 of the CARES Act. 21 165 •HR 6800 EH SEC. 20106. APPLICATION TO TAXPAYERS WITH RESPECT 1 TO WHOM ADVANCE PAYMENT HAS ALREADY 2 BEEN MADE. 3 In the case of any taxpayer with respect to whom re- 4 fund or credit was made or allowed before the date of the 5 enactment of this Act under subsection (f) of section 6428 6 of the Internal Revenue Code of 1986 (as added by the 7 CARES Act), such subsection shall be applied separately 8 with respect to the excess (if any) of— 9 (1) the advance refund amount determined 10 under section 6428(f)(2) of such Code after the ap- 11 plication of the amendments made by this subtitle, 12 over 13 (2) the amount of such refund or credit so 14 made or allowed. 15 Subtitle B—Additional Recovery 16 Rebates to Individuals 17 SEC. 20111. ADDITIONAL RECOVERY REBATES TO INDIVID- 18 UALS. 19 (a) IN GENERAL.—Subchapter B of chapter 65 of the 20 Internal Revenue Code of 1986 is amended by inserting 21 after section 6428 the following new section: 22 ‘‘SEC. 6428A. ADDITIONAL RECOVERY REBATES TO INDIVID- 23 UALS. 24 ‘‘(a) IN GENERAL.—In the case of an eligible indi- 25 vidual, there shall be allowed as a credit against the tax 26 166 •HR 6800 EH imposed by subtitle A for the first taxable year beginning 1 in 2020 an amount equal to the additional rebate amount 2 determined for such taxable year. 3 ‘‘(b) ADDITIONAL REBATE AMOUNT.—For purposes 4 of this section, the term ‘additional rebate amount’ means, 5 with respect to any taxpayer for any taxable year, the sum 6 of— 7 ‘‘(1) $1,200 ($2,400 in the case of a joint re- 8 turn), plus 9 ‘‘(2) $1,200 multiplied by the number of de- 10 pendents of the taxpayer for such taxable year (not 11 in excess of 3 such dependents). 12 ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this 13 section, the term ‘eligible individual’ means any individual 14 other than— 15 ‘‘(1) any nonresident alien individual, 16 ‘‘(2) any individual with respect to whom a de- 17 duction under section 151 is allowable to another 18 taxpayer for a taxable year beginning in the cal- 19 endar year in which the individual’s taxable year be- 20 gins, and 21 ‘‘(3) an estate or trust. 22 ‘‘(d) LIMITATION BASED ON MODIFIED ADJUSTED 23 GROSS INCOME.—The amount of the credit allowed by 24 subsection (a) (determined without regard to this sub- 25 167 •HR 6800 EH section and subsection (f)) shall be reduced (but not below 1 zero) by 5 percent of so much of the taxpayer’s modified 2 adjusted gross income as exceeds— 3 ‘‘(1) $150,000 in the case of a joint return or 4 a surviving spouse (as defined in section 2(a)), 5 ‘‘(2) $112,500 in the case of a head of house- 6 hold (as defined in section 2(b)), and 7 ‘‘(3) $75,000 in any other case. 8 ‘‘(e) DEFINITIONS AND SPECIAL RULES.— 9 ‘‘(1) MODIFIED ADJUSTED GROSS INCOME.— 10 For purposes of this subsection (other than this 11 paragraph), the term ‘modified adjusted gross in- 12 come’ means adjusted gross income determined with- 13 out regard to sections 911, 931, and 933. 14 ‘‘(2) DEPENDENT DEFINED.—For purposes of 15 this section, the term ‘dependent’ has the meaning 16 given such term by section 152. 17 ‘‘(3) CREDIT TREATED AS REFUNDABLE.—The 18 credit allowed by subsection (a) shall be treated as 19 allowed by subpart C of part IV of subchapter A of 20 chapter 1. 21 ‘‘(4) IDENTIFICATION NUMBER REQUIRE- 22 MENT.— 23 ‘‘(A) IN GENERAL.—The $1,200 amount in 24 subsection (b)(1) shall be treated as being zero 25 168 •HR 6800 EH unless the taxpayer includes the TIN of the 1 taxpayer on the return of tax for the taxable 2 year. 3 ‘‘(B) JOINT RETURNS.—In the case of a 4 joint return, the $2,400 amount in subsection 5 (b)(1) shall be treated as being— 6 ‘‘(i) zero if the TIN of neither spouse 7 is included on the return of tax for the 8 taxable year, and 9 ‘‘(ii) $1,200 if the TIN of only one 10 spouse is so included. 11 ‘‘(C) DEPENDENTS.—A dependent shall 12 not be taken into account under subsection 13 (b)(2) unless the TIN of such dependent is in- 14 cluded on the return of tax for the taxable year. 15 ‘‘(D) COORDINATION WITH CERTAIN AD- 16 VANCE PAYMENTS.—In the case of any payment 17 made pursuant to subsection (g)(5)(A)(ii), a 18 TIN shall be treated for purposes of this para- 19 graph as included on the taxpayer’s return of 20 tax if such TIN is provided pursuant to such 21 subsection. 22 ‘‘(f) COORDINATION WITH ADVANCE REFUNDS OF 23 CREDIT.— 24 169 •HR 6800 EH ‘‘(1) REDUCTION OF REFUNDABLE CREDIT.— 1 The amount of the credit which would (but for this 2 paragraph) be allowable under subsection (a) shall 3 be reduced (but not below zero) by the aggregate re- 4 funds and credits made or allowed to the taxpayer 5 (or any dependent of the taxpayer) under subsection 6 (g). Any failure to so reduce the credit shall be 7 treated as arising out of a mathematical or clerical 8 error and assessed according to section 6213(b)(1). 9 ‘‘(2) JOINT RETURNS.—In the case of a refund 10 or credit made or allowed under subsection (g) with 11 respect to a joint return, half of such refund or cred- 12 it shall be treated as having been made or allowed 13 to each individual filing such return. 14 ‘‘(g) ADVANCE REFUNDS AND CREDITS.— 15 ‘‘(1) IN GENERAL.—Subject to paragraph (5), 16 each individual who was an eligible individual for 17 such individual’s first taxable year beginning in 18 2019 shall be treated as having made a payment 19 against the tax imposed by chapter 1 for such tax- 20 able year in an amount equal to the advance refund 21 amount for such taxable year. 22 ‘‘(2) ADVANCE REFUND AMOUNT.—For pur- 23 poses of paragraph (1), the advance refund amount 24 is the amount that would have been allowed as a 25 170 •HR 6800 EH credit under this section for such taxable year if this 1 section (other than subsection (f) and this sub- 2 section) had applied to such taxable year. 3 ‘‘(3) TIMING AND MANNER OF PAYMENTS.— 4 ‘‘(A) TIMING.—The Secretary shall, sub- 5 ject to the provisions of this title, refund or 6 credit any overpayment attributable to this sec- 7 tion as rapidly as possible. No refund or credit 8 shall be made or allowed under this subsection 9 after December 31, 2020. 10 ‘‘(B) DELIVERY OF PAYMENTS.—Notwith- 11 standing any other provision of law, the Sec- 12 retary may certify and disburse refunds payable 13 under this subsection electronically to any ac- 14 count to which the payee authorized, on or after 15 January 1, 2018, the delivery of a refund of 16 taxes under this title or of a Federal payment 17 (as defined in section 3332 of title 31, United 18 States Code). 19 ‘‘(C) WAIVER OF CERTAIN RULES.—Not- 20 withstanding section 3325 of title 31, United 21 States Code, or any other provision of law, with 22 respect to any payment of a refund under this 23 subsection, a disbursing official in the executive 24 branch of the United States Government may 25 171 •HR 6800 EH modify payment information received from an 1 officer or employee described in section 2 3325(a)(1)(B) of such title for the purpose of 3 facilitating the accurate and efficient delivery of 4 such payment. Except in cases of fraud or reck- 5 less neglect, no liability under sections 3325, 6 3527, 3528, or 3529 of title 31, United States 7 Code, shall be imposed with respect to pay- 8 ments made under this subparagraph. 9 ‘‘(4) NO INTEREST.—No interest shall be al- 10 lowed on any overpayment attributable to this sec- 11 tion. 12 ‘‘(5) APPLICATION TO INDIVIDUALS WHO DO 13 NOT FILE A RETURN OF TAX FOR 2019.— 14 ‘‘(A) IN GENERAL.—In the case of an indi- 15 vidual who, at the time of any determination 16 made pursuant to paragraph (3), has not filed 17 a tax return for the year described in para- 18 graph (1), the Secretary shall— 19 ‘‘(i) apply paragraph (1) by sub- 20 stituting ‘2018’ for ‘2019’, and 21 ‘‘(ii) in the case of a specified indi- 22 vidual who has not filed a tax return for 23 such individual’s first taxable year begin- 24 ning in 2018, determine the advance re- 25 172 •HR 6800 EH fund amount with respect to such indi- 1 vidual without regard to subsections (d) 2 and on the basis of information with re- 3 spect to such individual which is provided 4 by— 5 ‘‘(I) in the case of a specified so- 6 cial security beneficiary or a specified 7 supplemental security income recipi- 8 ent, the Commissioner of Social Secu- 9 rity, 10 ‘‘(II) in the case of a specified 11 railroad retirement beneficiary, the 12 Railroad Retirement Board, and 13 ‘‘(III) in the case of a specified 14 veterans beneficiary, the Secretary of 15 Veterans Affairs (in coordination 16 with, and with the assistance of, the 17 Commissioner of Social Security if ap- 18 propriate). 19 ‘‘(B) SPECIFIED INDIVIDUAL.—For pur- 20 poses of this paragraph, the term ‘specified in- 21 dividual’ means any individual who is— 22 ‘‘(i) a specified social security bene- 23 ficiary, 24 173 •HR 6800 EH ‘‘(ii) a specified supplemental security 1 income recipient, 2 ‘‘(iii) a specified railroad retirement 3 beneficiary, or 4 ‘‘(iv) a specified veterans beneficiary. 5 ‘‘(C) SPECIFIED SOCIAL SECURITY BENE- 6 FICIARY.—For purposes of this paragraph— 7 ‘‘(i) IN GENERAL.—The term ‘speci- 8 fied social security beneficiary’ means any 9 individual who, for the last month that 10 ends prior to the date of enactment of this 11 section, is entitled to any monthly insur- 12 ance benefit payable under title II of the 13 Social Security Act (42 U.S.C. 401 et 14 seq.), including payments made pursuant 15 to sections 202(d), 223(g), and 223(i)(7) 16 of such Act. 17 ‘‘(ii) EXCEPTION.—Such term shall 18 not include any individual if such benefit is 19 not payable for such month by reason of 20 section 202(x) of the Social Security Act 21 (42 U.S.C. 402(x)) or section 1129A of 22 such Act (42 U.S.C. 1320a–8a). 23 174 •HR 6800 EH ‘‘(D) SPECIFIED SUPPLEMENTAL SECU- 1 RITY INCOME RECIPIENT.—For purposes of this 2 paragraph— 3 ‘‘(i) IN GENERAL.—The term ‘speci- 4 fied supplemental security income recipi- 5 ent’ means any individual who, for the last 6 month that ends prior to the date of enact- 7 ment of this section, is eligible for a 8 monthly benefit payable under title XVI of 9 the Social Security Act (42 U.S.C. 1381 et 10 seq.) (other than a benefit to an individual 11 described in section 1611(e)(1)(B) of such 12 Act (42 U.S.C. 1382(e)(1)(B)), includ- 13 ing— 14 ‘‘(I) payments made pursuant to 15 section 1614(a)(3)(C) of such Act (42 16 U.S.C. 1382c(a)(3)(C)), 17 ‘‘(II) payments made pursuant to 18 section 1619(a) (42 U.S.C. 1382h) or 19 subsections (a)(4), (a)(7), or (p)(7) of 20 section 1631 (42 U.S.C. 1383) of 21 such Act, and 22 ‘‘(III) State supplementary pay- 23 ments of the type referred to in sec- 24 tion 1616(a) of such Act (42 U.S.C. 25 175 •HR 6800 EH 1382e(a)) (or payments of the type 1 described in section 212(a) of Public 2 Law 93–66) which are paid by the 3 Commissioner under an agreement re- 4 ferred to in such section 1616(a) (or 5 section 212(a) of Public Law 93–66). 6 ‘‘(ii) EXCEPTION.—Such term shall 7 not include any individual if such monthly 8 benefit is not payable for such month by 9 reason of subsection (e)(1)(A) or (e)(4) of 10 section 1611 (42 U.S.C. 1382) or section 11 1129A of such Act (42 U.S.C. 1320a–8a). 12 ‘‘(E) SPECIFIED RAILROAD RETIREMENT 13 BENEFICIARY.—For purposes of this para- 14 graph, the term ‘specified railroad retirement 15 beneficiary’ means any individual who, for the 16 last month that ends prior to the date of enact- 17 ment of this section, is entitled to a monthly 18 annuity or pension payment payable (without 19 regard to section 5(a)(ii) of the Railroad Retire- 20 ment Act of 1974 (45 U.S.C. 231d(a)(ii))) 21 under— 22 ‘‘(i) section 2(a)(1) of such Act (45 23 U.S.C. 231a(a)(1)), 24 176 •HR 6800 EH ‘‘(ii) section 2(c) of such Act (45 1 U.S.C. 231a(c)), 2 ‘‘(iii) section 2(d)(1) of such Act (45 3 U.S.C. 231a(d)(1)), or 4 ‘‘(iv) section 7(b)(2) of such Act (45 5 U.S.C. 231f(b)(2)) with respect to any of 6 the benefit payments described in subpara- 7 graph (C)(i). 8 ‘‘(F) SPECIFIED VETERANS BENE- 9 FICIARY.—For purposes of this paragraph— 10 ‘‘(i) IN GENERAL.—The term ‘speci- 11 fied veterans beneficiary’ means any indi- 12 vidual who, for the last month that ends 13 prior to the date of enactment of this sec- 14 tion, is entitled to a compensation or pen- 15 sion payment payable under— 16 ‘‘(I) section 1110, 1117, 1121, 17 1131, 1141, or 1151 of title 38, 18 United States Code, 19 ‘‘(II) section 1310, 1312, 1313, 20 1315, 1316, or 1318 of title 38, 21 United States Code, 22 ‘‘(III) section 1513, 1521, 1533, 23 1536, 1537, 1541, 1542, or 1562 of 24 title 38, United States Code, or 25 177 •HR 6800 EH ‘‘(IV) section 1805, 1815, or 1 1821 of title 38, United States Code, 2 to a veteran, surviving spouse, child, or 3 parent as described in paragraph (2), (3), 4 (4)(A)(ii), or (5) of section 101, title 38, 5 United States Code. 6 ‘‘(ii) EXCEPTION.—Such term shall 7 not include any individual if such com- 8 pensation or pension payment is not pay- 9 able, or was reduced, for such month by 10 reason of section 1505, 5313, or 5313B of 11 title 38, United States Code. 12 ‘‘(G) SUBSEQUENT DETERMINATIONS AND 13 REDETERMINATIONS NOT TAKEN INTO AC- 14 COUNT.—For purposes of this section, any indi- 15 vidual’s status as a specified social security ben- 16 eficiary, a specified supplemental security in- 17 come recipient, a specified railroad retirement 18 beneficiary, or a specified veterans beneficiary 19 shall be unaffected by any determination or re- 20 determination of any entitlement to, or eligi- 21 bility for, any benefit, payment, or compensa- 22 tion, if such determination or redetermination 23 occurs after the last month that ends prior to 24 the date of enactment of this section. 25 178 •HR 6800 EH ‘‘(H) PAYMENT TO REPRESENTATIVE PAY- 1 EES AND FIDUCIARIES.— 2 ‘‘(i) IN GENERAL.—If the benefit, 3 payment, or compensation referred to in 4 subparagraph (C)(i), (D)(i), (E), or (F)(i) 5 with respect to any specified individual is 6 paid to a representative payee or fiduciary, 7 payment by the Secretary under paragraph 8 (3) with respect to such specified indi- 9 vidual shall be made to such individual’s 10 representative payee or fiduciary and the 11 entire payment shall be used only for the 12 benefit of the individual who is entitled to 13 the payment. 14 ‘‘(ii) APPLICATION OF ENFORCEMENT 15 PROVISIONS.— 16 ‘‘(I) In the case of a payment de- 17 scribed in clause (i) which is made 18 with respect to a specified social secu- 19 rity beneficiary or a specified supple- 20 mental security income recipient, sec- 21 tion 1129(a)(3) of the Social Security 22 Act (42 U.S.C. 1320a–8(a)(3)) shall 23 apply to such payment in the same 24 manner as such section applies to a 25 179 •HR 6800 EH payment under title II or XVI of such 1 Act. 2 ‘‘(II) In the case of a payment 3 described in clause (i) which is made 4 with respect to a specified railroad re- 5 tirement beneficiary, section 13 of the 6 Railroad Retirement Act (45 U.S.C. 7 231l) shall apply to such payment in 8 the same manner as such section ap- 9 plies to a payment under such Act. 10 ‘‘(III) In the case of a payment 11 described in clause (i) which is made 12 with respect to a specified veterans 13 beneficiary, sections 5502, 6106, and 14 6108 of title 38, United States Code, 15 shall apply to such payment in the 16 same manner as such sections apply 17 to a payment under such title. 18 ‘‘(6) NOTICE TO TAXPAYER.—Not later than 15 19 days after the date on which the Secretary distrib- 20 uted any payment to an eligible taxpayer pursuant 21 to this subsection, notice shall be sent by mail to 22 such taxpayer’s last known address. Such notice 23 shall indicate the method by which such payment 24 was made, the amount of such payment, and a 25 180 •HR 6800 EH phone number for the appropriate point of contact 1 at the Internal Revenue Service to report any error 2 with respect to such payment. 3 ‘‘(h) REGULATIONS.—The Secretary shall prescribe 4 such regulations or other guidance as may be necessary 5 or appropriate to carry out the purposes of this section, 6 including— 7 ‘‘(1) regulations or other guidance providing 8 taxpayers the opportunity to provide the Secretary 9 information sufficient to allow the Secretary to make 10 payments to such taxpayers under subsection (g) 11 (including the determination of the amount of such 12 payment) if such information is not otherwise avail- 13 able to the Secretary, and 14 ‘‘(2) regulations or other guidance providing for 15 the proper treatment of joint returns and taxpayers 16 with dependents to ensure that an individual is not 17 taken into account more than once in determining 18 the amount of any credit under subsection (a) and 19 any credit or refund under subsection (g). 20 ‘‘(i) OUTREACH.—The Secretary shall carry out a ro- 21 bust and comprehensive outreach program to ensure that 22 all taxpayers described in subsection (h)(1) learn of their 23 eligibility for the advance refunds and credits under sub- 24 section (g); are advised of the opportunity to receive such 25 181 •HR 6800 EH advance refunds and credits as provided under subsection 1 (h)(1); and are provided assistance in applying for such 2 advance refunds and credits. In conducting such outreach 3 program, the Secretary shall coordinate with other govern- 4 ment, State, and local agencies; federal partners; and com- 5 munity-based nonprofit organizations that regularly inter- 6 face with such taxpayers.’’. 7 (b) TREATMENT OF CERTAIN POSSESSIONS.— 8 (1) PAYMENTS TO POSSESSIONS WITH MIRROR 9 CODE TAX SYSTEMS.—The Secretary of the Treas- 10 ury shall pay to each possession of the United States 11 which has a mirror code tax system amounts equal 12 to the loss (if any) to that possession by reason of 13 the amendments made by this section. Such 14 amounts shall be determined by the Secretary of the 15 Treasury based on information provided by the gov- 16 ernment of the respective possession. 17 (2) PAYMENTS TO OTHER POSSESSIONS.—The 18 Secretary of the Treasury shall pay to each posses- 19 sion of the United States which does not have a mir- 20 ror code tax system amounts estimated by the Sec- 21 retary of the Treasury as being equal to the aggre- 22 gate benefits (if any) that would have been provided 23 to residents of such possession by reason of the 24 amendments made by this section if a mirror code 25 182 •HR 6800 EH tax system had been in effect in such possession. 1 The preceding sentence shall not apply unless the re- 2 spective possession has a plan, which has been ap- 3 proved by the Secretary of the Treasury, under 4 which such possession will promptly distribute such 5 payments to its residents. 6 (3) COORDINATION WITH CREDIT ALLOWED 7 AGAINST UNITED STATES INCOME TAXES.—No cred- 8 it shall be allowed against United States income 9 taxes under section 6428A of the Internal Revenue 10 Code of 1986 (as added by this section), nor shall 11 any credit or refund be made or allowed under sub- 12 section (g) of such section, to any person— 13 (A) to whom a credit is allowed against 14 taxes imposed by the possession by reason of 15 the amendments made by this section, or 16 (B) who is eligible for a payment under a 17 plan described in paragraph (2). 18 (4) MIRROR CODE TAX SYSTEM.—For purposes 19 of this subsection, the term ‘‘mirror code tax sys- 20 tem’’ means, with respect to any possession of the 21 United States, the income tax system of such posses- 22 sion if the income tax liability of the residents of 23 such possession under such system is determined by 24 183 •HR 6800 EH reference to the income tax laws of the United 1 States as if such possession were the United States. 2 (c) ADMINISTRATIVE PROVISIONS.— 3 (1) DEFINITION OF DEFICIENCY.—Section 4 6211(b)(4)(A) of the Internal Revenue Code of 1986 5 is amended by striking ‘‘and 6428’’ and inserting 6 ‘‘6428, and 6428A’’. 7 (2) MATHEMATICAL OR CLERICAL ERROR AU- 8 THORITY.—Section 6213(g)(2) of such Code is 9 amended— 10 (A) by inserting ‘‘or section 6428A (relat- 11 ing to additional recovery rebates to individ- 12 uals)’’ before the comma at the end of subpara- 13 graph (H), and 14 (B) by striking ‘‘or 6428’’ in subparagraph 15 (L) and inserting ‘‘6428, or 6428A’’. 16 (3) EXCEPTION FROM REDUCTION OR OFF- 17 SET.—Any credit or refund allowed or made to any 18 individual by reason of section 6428A of the Internal 19 Revenue Code of 1986 (as added by this section) or 20 by reason of subsection (b) of this section shall not 21 be— 22 (A) subject to reduction or offset pursuant 23 to section 3716 or 3720A of title 31, United 24 States Code, 25 184 •HR 6800 EH (B) subject to reduction or offset pursuant 1 to subsection (c), (d), (e), or (f) of section 6402 2 of the Internal Revenue Code of 1986, or 3 (C) reduced or offset by other assessed 4 Federal taxes that would otherwise be subject 5 to levy or collection. 6 (4) ASSIGNMENT OF BENEFITS.— 7 (A) IN GENERAL.—Any applicable pay- 8 ment shall not be subject to transfer, assign- 9 ment, execution, levy, attachment, garnishment, 10 or other legal process, or the operation of any 11 bankruptcy or insolvency law, to the same ex- 12 tent as payments described in section 207 of 13 the Social Security Act (42 U.S.C. 407) without 14 regard to subsection (b) thereof. 15 (B) ENCODING OF PAYMENTS.—As soon as 16 practicable after the date of the enactment of 17 the paragraph, the Secretary of the Treasury 18 shall encode applicable payments that are paid 19 electronically to any account— 20 (i) with a unique identifier that is rea- 21 sonably sufficient to allow a financial insti- 22 tution to identify the payment as a pay- 23 ment protected under subparagraph (A), 24 and 25 185 •HR 6800 EH (ii) pursuant to the same specifica- 1 tions as required for a benefit payment to 2 which part 212 of title 31, Code of Federal 3 regulations applies. 4 (C) GARNISHMENT.— 5 (i) ENCODED PAYMENTS.—Upon re- 6 ceipt of a garnishment order that applies 7 to an account that has received an applica- 8 ble payment that is encoded as provided in 9 subparagraph (B), a financial institution 10 shall follow the requirements and proce- 11 dures set forth in part 212 of title 31, 12 Code of Federal Regulations. This para- 13 graph shall not alter the status of pay- 14 ments as tax refunds or other nonbenefit 15 payments for purpose of any reclamation 16 rights of the Department of Treasury or 17 the Internal Revenue Serves as per part 18 210 of title 31 of the Code of Federal Reg- 19 ulations. 20 (ii) OTHER PAYMENTS.—If a financial 21 institution receives a garnishment order 22 (other than an order that has been served 23 by the United States) that applies to an 24 account into which an applicable payment 25 186 •HR 6800 EH that has not been encoded as provided in 1 subparagraph (B) has been deposited on 2 any date in the prior 60 days (including 3 any date before the date of the enactment 4 of this paragraph), the financial institu- 5 tion, upon the request of the account hold- 6 er or for purposes of complying in good 7 faith with a State order, State law, court 8 order, or interpretation by a State Attor- 9 ney General relating to garnishment order, 10 may, but is not required to, treat the 11 amount of the payment as exempt under 12 law from garnishment without requiring 13 the account holder to assert any right of 14 garnishment exemption or requiring the 15 consent of the judgment creditor. 16 (iii) LIABILITY.—A financial institu- 17 tion that complies in good faith with clause 18 (i) or that acts in good faith in reliance on 19 clause (ii) shall not be liable under any 20 Federal or State law, regulation, or court 21 or other order to a creditor that initiates 22 an order for any protected amounts, to an 23 account holder for any frozen amounts or 24 garnishment order applied. 25 187 •HR 6800 EH (D) DEFINITIONS.—For purposes of this 1 paragraph— 2 (i) ACCOUNT HOLDER.—The term 3 ‘‘account holder’’ means a natural person 4 against whom a garnishment order is 5 issued and whose name appears in a finan- 6 cial institution’s records. 7 (ii) APPLICABLE PAYMENT.—The 8 term ‘‘applicable payment’’ means any pay- 9 ment of credit or refund by reason of sec- 10 tion 6428 of such Code (as so added) or by 11 reason of subsection (c) of this section. 12 (iii) GARNISHMENT.—The term ‘‘gar- 13 nishment’’ means execution, levy, attach- 14 ment, garnishment, or other legal process. 15 (iv) GARNISHMENT ORDER.—The 16 term ‘‘garnishment order’’ means a writ, 17 order, notice, summons, judgment, levy, or 18 similar written instruction issued by a 19 court, a State or State agency, a munici- 20 pality or municipal corporation, or a State 21 child support enforcement agency, includ- 22 ing a lien arising by operation of law for 23 overdue child support or an order to freeze 24 188 •HR 6800 EH the assets in an account, to effect a gar- 1 nishment against a debtor. 2 (5) TREATMENT OF CREDIT AND ADVANCE PAY- 3 MENTS.—For purposes of section 1324 of title 31, 4 United States Code, any credit under section 5 6428A(a) of the Internal Revenue Code of 1986, any 6 credit or refund under section 6428A(g) of such 7 Code, and any payment under subsection (b) of this 8 section, shall be treated in the same manner as a re- 9 fund due from a credit provision referred to in sub- 10 section (b)(2) of such section 1324. 11 (6) AGENCY INFORMATION SHARING AND AS- 12 SISTANCE.—The Commissioner of Social Security, 13 the Railroad Retirement Board, and the Secretary of 14 Veterans Affairs shall each provide the Secretary of 15 the Treasury (or the Secretary’s delegate) such in- 16 formation and assistance as the Secretary of the 17 Treasury (or the Secretary’s delegate) may require 18 for purposes of making payments under section 19 6428A(g) of the Internal Revenue Code of 1986 to 20 individuals described in paragraph (5)(A)(ii) thereof. 21 (7) CLERICAL AMENDMENT.—The table of sec- 22 tions for subchapter B of chapter 65 of the Internal 23 Revenue Code of 1986 is amended by inserting after 24 189 •HR 6800 EH the item relating to section 6428 the following new 1 item: 2 ‘‘Sec. 6428A. Additional recovery rebates to individuals.’’. (d) APPROPRIATIONS TO CARRY OUT THIS SEC- 3 TION.— 4 (1) IN GENERAL.—Immediately upon the enact- 5 ment of this Act, the following sums are appro- 6 priated, out of any money in the Treasury not other- 7 wise appropriated, for the fiscal year ending Sep- 8 tember 30, 2020— 9 (A) SOCIAL SECURITY ADMINISTRATION.— 10 For an additional amount for ‘‘Social Security 11 Administration—Limitation on Administrative 12 Expenses’’, $40,500,000, to remain available 13 until September 30, 2021: Provided, that 14 $2,500,000, to remain available until Sep- 15 tember 30, 2024, shall be transferred to ‘‘Social 16 Security Administration—Office of Inspector 17 General’’ for necessary expenses in carrying out 18 the provisions of the Inspector General Act of 19 1978. 20 (B) RAILROAD RETIREMENT BOARD.—For 21 an additional amount for ‘‘Railroad Retirement 22 Board—Limitation on Administration’’, $8,300, 23 to remain available until September 30, 2021. 24 190 •HR 6800 EH (2) REPORTS.—Beginning 90 days after enact- 1 ment of this Act, the Secretary of the Treasury shall 2 submit a quarterly report to the Committees on Ap- 3 propriations of the House of Representatives and the 4 Senate detailing the actual expenditure of Internal 5 Revenue Service funds in this Act, and the expected 6 expenditure of such funds in the subsequent quarter. 7 (e) CERTAIN REQUIREMENTS RELATED TO RECOV- 8 ERY REBATES AND ADDITIONAL RECOVERY REBATES.— 9 (1) SIGNATURES ON CHECKS AND NOTICES, 10 ETC., BY THE DEPARTMENT OF THE TREASURY.— 11 Any check issued to an individual by the Depart- 12 ment of the Treasury pursuant to section 6428 or 13 6428A of the Internal Revenue Code of 1986, and 14 any notice issued pursuant to section 6428(f)(6) or 15 section 6428A(g)(6) of such Code, may not be 16 signed by or otherwise bear the name, signature, 17 image or likeness of the President, the Vice Presi- 18 dent or any elected official or cabinet level officer of 19 the United States, or any individual who, with re- 20 spect to any of the aforementioned individuals, bears 21 any relationship described in subparagraphs (A) 22 through (G) of section 152(d)(2) of the Internal 23 Revenue Code of 1986. 24 191 •HR 6800 EH (2) EFFECTIVE DATE.—Paragraph (1) shall 1 apply to checks and notices issued after the date of 2 the enactment of this Act. 3 (f) REPORTS TO CONGRESS.—Each week beginning 4 after the date of the enactment of this Act and beginning 5 before December 31, 2020, on Friday of such week, not 6 later than 3 p.m. Eastern Time, the Secretary of the 7 Treasury shall provide a written report to the Committee 8 on Ways and Means of the House of Representatives and 9 the Committee on Finance of the Senate. Such report shall 10 include the following information with respect to payments 11 made pursuant to each of sections 6428 and 6428A of 12 the Internal Revenue Code of 1986: 13 (1) The number of scheduled payments sent to 14 the Bureau of Fiscal Service for payment by direct 15 deposit or paper check for the following week (stated 16 separately for direct deposit and paper check). 17 (2) The total dollar amount of the scheduled 18 payments described in paragraph (1). 19 (3) The number of direct deposit payments re- 20 turned to the Department of the Treasury and the 21 total dollar value of such payments, for the week 22 ending on the day prior to the day on which the re- 23 port is provided. 24 192 •HR 6800 EH (4) The total number of letters related to pay- 1 ments under section 6428 or 6428A of such Code 2 mailed to taxpayers during the week ending on the 3 day prior to the day on which the report is provided. 4 Subtitle C—Earned Income Tax 5 Credit 6 SEC. 20121. STRENGTHENING THE EARNED INCOME TAX 7 CREDIT FOR INDIVIDUALS WITH NO QUALI- 8 FYING CHILDREN. 9 (a) SPECIAL RULES FOR 2020.—Section 32 of the 10 Internal Revenue Code of 1986 is amended by adding at 11 the end the following new subsection: 12 ‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITHOUT 13 QUALIFYING CHILDREN.—In the case of any taxable year 14 beginning after December 31, 2019, and before January 15 1, 2021— 16 ‘‘(1) DECREASE IN MINIMUM AGE FOR CRED- 17 IT.— 18 ‘‘(A) IN GENERAL.—Subsection 19 (c)(1)(A)(ii)(II) shall be applied by substituting 20 ‘the applicable minimum age’ for ‘age 25’. 21 ‘‘(B) APPLICABLE MINIMUM AGE.—For 22 purposes of this paragraph, the term ‘applicable 23 minimum age’ means— 24 193 •HR 6800 EH ‘‘(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- 25 194 •HR 6800 EH 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 25 195 •HR 6800 EH ‘‘(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.’’. 24 196 •HR 6800 EH (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— 25 197 •HR 6800 EH (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 24 198 •HR 6800 EH ‘‘(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.— 24 199 •HR 6800 EH (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 25 200 •HR 6800 EH 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- 24 201 •HR 6800 EH 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 25 202 •HR 6800 EH ‘‘(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 25 203 •HR 6800 EH ‘‘(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- 25 204 •HR 6800 EH 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 25 205 •HR 6800 EH 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. 24 206 •HR 6800 EH ‘‘(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. 24 207 •HR 6800 EH ‘‘(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), 24 208 •HR 6800 EH 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. 24 209 •HR 6800 EH (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- 25 210 •HR 6800 EH 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. 24 211 •HR 6800 EH (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)). 25 212 •HR 6800 EH ‘‘(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 25 213 •HR 6800 EH (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. 25 214 •HR 6800 EH ‘‘(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.’’. 24 215 •HR 6800 EH (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, as amended by the preceding provi- 11 sions of this Act, is amended by adding at the end the 12 following new subsection: 13 ‘‘(j) APPLICATION OF CREDIT IN POSSESSIONS.— 14 ‘‘(1) MIRROR CODE POSSESSIONS.— 15 ‘‘(A) IN GENERAL.—The Secretary shall 16 pay to each possession of the United States 17 with a mirror code tax system amounts equal to 18 the loss to that possession by reason of the ap- 19 plication of this section (determined without re- 20 gard to this subsection) with respect to taxable 21 years beginning after 2019. Such amounts shall 22 be determined by the Secretary based on infor- 23 mation provided by the government of the re- 24 spective possession. 25 216 •HR 6800 EH ‘‘(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) 25 217 •HR 6800 EH 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- 25 218 •HR 6800 EH 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 25 219 •HR 6800 EH 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 13 Assistance 14 SEC. 20141. REFUNDABILITY AND ENHANCEMENT OF CHILD 15 AND DEPENDENT CARE TAX CREDIT. 16 (a) IN GENERAL.—Section 21 of the Internal Rev- 17 enue Code of 1986 is amended by adding at the end the 18 following new subsection: 19 ‘‘(g) SPECIAL RULES FOR 2020.—In the case of any 20 taxable year beginning after December 31, 2019, and be- 21 fore January 1, 2021— 22 ‘‘(1) CREDIT MADE REFUNDABLE.—In the case 23 of an individual other than a nonresident alien, the 24 credit allowed under subsection (a) shall be treated 25 220 •HR 6800 EH 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 25 221 •HR 6800 EH 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 25 222 •HR 6800 EH 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 16 Employee Benefits 17 SEC. 20151. INCREASE IN CARRYOVER FOR HEALTH FLEXI- 18 BLE SPENDING ARRANGEMENTS. 19 (a) IN GENERAL.—A plan or other arrangement that 20 otherwise satisfies all of the applicable requirements of 21 sections 106 and 125 of the Internal Revenue Code of 22 1986 (including any rules or regulations thereunder) shall 23 not fail to be treated as a cafeteria plan or health flexible 24 spending arrangement merely because such plan or ar- 25 223 •HR 6800 EH rangement permits participants to carry over an amount 1 not in excess of $2,750 of unused benefits or contributions 2 remaining in a health flexible spending arrangement from 3 the plan year ending in 2020 to the plan year ending in 4 2021. 5 (b) DEFINITIONS.—Any term used in this section 6 which is also used in section 106 or 125 of the Internal 7 Revenue Code of 1986 or the rules or regulations there- 8 under shall have the same meaning as when used in such 9 section or rules or regulations. 10 SEC. 20152. CARRYOVER FOR DEPENDENT CARE FLEXIBLE 11 SPENDING ARRANGEMENTS. 12 (a) IN GENERAL.—A plan or other arrangement that 13 otherwise satisfies all applicable requirements of sections 14 106, 125, and 129 of the Internal Revenue Code of 1986 15 (including any rules or regulations thereunder) shall not 16 fail to be treated as a cafeteria plan or dependent care 17 flexible spending arrangement merely because such plan 18 or arrangement permits participants to carry over (under 19 rules similar to the rules applicable to health flexible 20 spending arrangements) an amount, not in excess of the 21 amount in effect under section 129(a)(2)(A) of such Code, 22 of unused benefits or contributions remaining in a depend- 23 ent care flexible spending arrangement from the plan year 24 ending in 2020 to the plan year ending in 2021. 25 224 •HR 6800 EH (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 25 225 •HR 6800 EH 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. 24 226 •HR 6800 EH (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- 25 227 •HR 6800 EH 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 25 228 •HR 6800 EH (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 6 Local Taxes 7 SEC. 20161. ELIMINATION FOR 2020 AND 2021 OF LIMITA- 8 TION ON DEDUCTION OF STATE AND LOCAL 9 TAXES. 10 (a) IN GENERAL.—Section 164(b)(6)(B) of the Inter- 11 nal Revenue Code of 1986 is amended by inserting ‘‘in 12 the case of a taxable year beginning before January 1, 13 2020, or after December 31, 2021,’’ before ‘‘the aggregate 14 amount of taxes’’. 15 (b) CONFORMING AMENDMENTS.—Section 164(b)(6) 16 of the Internal Revenue Code of 1986 is amended— 17 (1) by striking ‘‘For purposes of subparagraph 18 (B)’’ and inserting ‘‘For purposes of this section’’, 19 (2) by striking ‘‘January 1, 2018’’ and insert- 20 ing ‘‘January 1, 2022’’, 21 (3) by striking ‘‘December 31, 2017, shall’’ and 22 inserting ‘‘December 31, 2021, shall’’, and 23 (4) by adding at the end the following: ‘‘For 24 purposes of this section, in the case of State or local 25 229 •HR 6800 EH taxes with respect to any real or personal property 1 paid during a taxable year beginning in 2020 or 2 2021, the Secretary shall prescribe rules which treat 3 all or a portion of such taxes as paid in a taxable 4 year or years other than the taxable year in which 5 actually paid as necessary or appropriate to prevent 6 the avoidance of the limitations of this subsection.’’. 7 (c) EFFECTIVE DATE.—The amendments made by 8 this section shall apply to taxes paid or accrued in taxable 9 years beginning after December 31, 2019. 10 TITLE II—ADDITIONAL RELIEF 11 FOR WORKERS 12 Subtitle A—Additional Relief 13 SEC. 20201. INCREASE IN ABOVE-THE-LINE DEDUCTION FOR 14 CERTAIN EXPENSES OF ELEMENTARY AND 15 SECONDARY SCHOOL TEACHERS. 16 (a) INCREASE.—Section 62(a)(2)(D) of the Internal 17 Revenue Code of 1986 is amended by striking ‘‘$250’’ and 18 inserting ‘‘$500’’. 19 (b) CONFORMING AMENDMENTS.—Section 62(d)(3) 20 of the Internal Revenue Code of 1986 is amended— 21 (1) by striking ‘‘2015’’ and inserting ‘‘2020’’, 22 (2) by striking ‘‘$250’’ and inserting ‘‘$500’’, 23 and 24 230 •HR 6800 EH (3) in subparagraph (B), by striking ‘‘2014’’ 1 and inserting ‘‘2019’’. 2 (c) EFFECTIVE DATE.—The amendments made by 3 this section shall apply to taxable years beginning after 4 December 31, 2019. 5 SEC. 20202. ABOVE-THE-LINE DEDUCTION ALLOWED FOR 6 CERTAIN EXPENSES OF FIRST RESPONDERS. 7 (a) IN GENERAL.—Section 62(a)(2) of the Internal 8 Revenue Code of 1986 is amended by adding at the end 9 the following new subparagraph: 10 ‘‘(F) CERTAIN EXPENSES OF FIRST RE- 11 SPONDERS.—The deductions allowed by section 12 162 which consist of expenses, not in excess of 13 $500, paid or incurred by a first responder— 14 ‘‘(i) as tuition or fees for the partici- 15 pation of the first responder in profes- 16 sional development courses related to serv- 17 ice as a first responder, or 18 ‘‘(ii) for uniforms used by the first re- 19 sponder in service as a first responder.’’. 20 (b) FIRST RESPONDER DEFINED.—Section 62(d) of 21 the Internal Revenue Code of 1986 is amended by adding 22 at the end the following new paragraph: 23 ‘‘(4) FIRST RESPONDER.—For purposes of sub- 24 section (a)(2)(F), the term ‘first responder’ means, 25 231 •HR 6800 EH with respect to any taxable year, any employee who 1 provides at least 1000 hours of service during such 2 taxable year as a law enforcement officer, firefighter, 3 paramedic, or emergency medical technician.’’. 4 (c) INFLATION ADJUSTMENT.—Section 62(d)(3) of 5 the Internal Revenue Code of 1986, as amended by the 6 preceding provisions of this Act, is further amended by 7 striking ‘‘the $500 amount in subsection (a)(2)(D)’’ and 8 inserting ‘‘the $500 amount in each of subparagraphs (D) 9 and (F) of subsection (a)(2)’’. 10 (d) EFFECTIVE DATE.—The amendments made by 11 this section shall apply to taxable years beginning after 12 December 31, 2019. 13 SEC. 20203. TEMPORARY ABOVE-THE-LINE DEDUCTION FOR 14 SUPPLIES AND EQUIPMENT OF FIRST RE- 15 SPONDERS AND COVID–19 FRONT LINE EM- 16 PLOYEES. 17 (a) IN GENERAL.—Section 62(d) of the Internal Rev- 18 enue Code of 1986, as amended by the preceding provi- 19 sions of this Act, is amended by adding at the end of the 20 following new paragraph: 21 ‘‘(5) TEMPORARY RULE FOR FIRST RESPOND- 22 ERS AND COVID–19 FRONT LINE EMPLOYEES.— 23 ‘‘(A) IN GENERAL.—In the case of any 24 taxable year beginning in 2020— 25 232 •HR 6800 EH ‘‘(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 of 2020 except without regard to the 14 time period during which such work is per- 15 formed) during such taxable year as an em- 16 ployee in a trade 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 25 233 •HR 6800 EH 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, 25 234 •HR 6800 EH 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 25 235 •HR 6800 EH 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 of 2020 except 24 236 •HR 6800 EH without regard to the time period during which such 1 work is 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. 24 237 •HR 6800 EH (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), 25 238 •HR 6800 EH (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- 25 239 •HR 6800 EH 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 25 240 •HR 6800 EH 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 13 Business 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 24 241 •HR 6800 EH ‘‘(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: 25 242 •HR 6800 EH ‘‘(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’’. 24 243 •HR 6800 EH (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’ 24 244 •HR 6800 EH 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.’’. 24 245 •HR 6800 EH (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). 24 246 •HR 6800 EH ‘‘(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.’’. 24 247 •HR 6800 EH (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. 25 248 •HR 6800 EH ‘‘(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 25 249 •HR 6800 EH by striking ‘‘Any term’’ and inserting ‘‘Except 1 as otherwise provided in this section, any 2 term’’. 3 (h) APPLICATION OF CREDIT TO EMPLOYERS OF DO- 4 MESTIC WORKERS.— 5 (1) IN GENERAL.—Section 2301(c)(2) of the 6 CARES Act, as amended by the preceding provisions 7 of this Act, is amended by adding at the end the fol- 8 lowing new subparagraph: 9 ‘‘(E) EMPLOYERS OF DOMESTIC WORK- 10 ERS.—In the case of an employer with one or 11 more employees who perform domestic service 12 (within the meaning of section 3121(a)(7) of 13 such Code) in the private home of such em- 14 ployer, with respect to such employees— 15 ‘‘(i) subparagraph (A) shall be ap- 16 plied— 17 ‘‘(I) by substituting ‘employing 18 an employee who performs domestic 19 service in the private home of such 20 employer’ for ‘carrying on a trade or 21 business’ in clause (i) thereof, and 22 ‘‘(II) by substituting ‘such em- 23 ployment’ for ‘the operation of the 24 250 •HR 6800 EH trade or business’ in clause (ii)(I) 1 thereof. 2 ‘‘(ii) subclause (II) of subparagraph 3 (A)(ii) shall not apply, and 4 ‘‘(iii) such employer shall be treated 5 as a large employer.’’. 6 (2) DENIAL OF DOUBLE BENEFIT.—Section 7 2301(h)(2) of the CARES Act, as amended by pre- 8 ceding provisions of this Act, is amended— 9 (A) by striking ‘‘shall not be taken into ac- 10 count for purposes of’’ and inserting ‘‘shall not 11 be taken into account— 12 ‘‘(A) for purposes of’’, 13 (B) by striking the period at the end and 14 inserting ‘‘, and’’ , and 15 (C) by adding at the end the following: 16 ‘‘(B) if such wages are paid for domestic 17 service described in subsection (c)(2)(E), as em- 18 ployment-related expenses for purposes of sec- 19 tion 21 of such Code. 20 In the case of any individual who pays wages for do- 21 mestic service described in subsection (c)(2)(E) and 22 receives a reimbursement for such wages which is 23 excludible from gross income under section 129 of 24 251 •HR 6800 EH such Code, such wages shall not be treated as quali- 1 fied wages for purposes of this section.’’. 2 (i) EFFECTIVE DATE.—The amendments made by 3 this section shall take effect as if included in section 2301 4 of the CARES Act. 5 SEC. 20212. PAYROLL CREDIT FOR CERTAIN FIXED EX- 6 PENSES OF EMPLOYERS SUBJECT TO CLO- 7 SURE BY REASON OF COVID–19. 8 (a) IN GENERAL.—In the case of an eligible em- 9 ployer, there shall be allowed as a credit against applicable 10 employment taxes for each calendar quarter an amount 11 equal to 50 percent of the qualified fixed expenses paid 12 or incurred by such employer during such calendar quar- 13 ter. 14 (b) LIMITATIONS AND REFUNDABILITY.— 15 (1) LIMITATION.—The qualified fixed expenses 16 which may be taken into account under subsection 17 (a) by any eligible employer for any calendar quarter 18 shall not exceed the least of— 19 (A) the qualified fixed expenses paid by the 20 eligible employer in the same calendar quarter 21 of calendar year 2019, 22 (B) $50,000, or 23 (C) the greater of— 24 252 •HR 6800 EH (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) 25 253 •HR 6800 EH 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— 24 254 •HR 6800 EH (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 23 255 •HR 6800 EH (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 24 256 •HR 6800 EH 1986 and exempt from tax under section 501(a) 1 of such Code— 2 (i) any reference in this section to a 3 trade or business shall be treated as a ref- 4 erence to all operations of such organiza- 5 tion, and 6 (ii) any reference in this section to 7 gross receipts shall be treated as a ref- 8 erence to gross receipts within the meaning 9 of section 6033 of the Internal Revenue 10 Code of 1986. 11 (D) PHASE-IN OF CREDIT WHERE BUSI- 12 NESS NOT SUSPENDED AND REDUCTION IN 13 GROSS RECEIPTS LESS THAN 50 PERCENT.— 14 (i) IN GENERAL.—In the case of any 15 calendar quarter with respect to which an 16 eligible employer would not be an eligible 17 employer if subparagraph (B)(i) were ap- 18 plied by substituting ‘‘50 percent’’ for ‘‘90 19 percent’’, the amount of the credit allowed 20 under subsection (a) shall be reduced by 21 the amount which bears the same ratio to 22 the amount of such credit (determined 23 without regard to this subparagraph) as— 24 257 •HR 6800 EH (I) the excess gross receipts per- 1 centage point amount, bears to 2 (II) 40 percentage points. 3 (ii) EXCESS GROSS RECEIPTS PER- 4 CENTAGE POINT AMOUNT.—For purposes 5 of this subparagraph, the term ‘‘excess 6 gross receipts percentage point amount’’ 7 means, with respect to any calendar quar- 8 ter, the excess of— 9 (I) the lowest of the gross re- 10 ceipts percentage point amounts de- 11 termined with respect to any calendar 12 quarter during the period ending with 13 such calendar quarter and beginning 14 with the first calendar quarter during 15 the period described in subparagraph 16 (B), over 17 (II) 50 percentage points. 18 (iii) GROSS RECEIPTS PERCENTAGE 19 POINT AMOUNTS.—For purposes of this 20 subparagraph, the term ‘‘gross receipts 21 percentage point amount’’ means, with re- 22 spect to any calendar quarter, the percent- 23 age (expressed as a number of percentage 24 points) obtained by dividing— 25 258 •HR 6800 EH (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.— 25 259 •HR 6800 EH (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 25 260 •HR 6800 EH 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 25 261 •HR 6800 EH 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 25 262 •HR 6800 EH 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, 24 263 •HR 6800 EH (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. 25 264 •HR 6800 EH 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 26 265 •HR 6800 EH ‘‘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— 24 266 •HR 6800 EH (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— 23 267 •HR 6800 EH (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 25 268 •HR 6800 EH 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, 25 269 •HR 6800 EH (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- 25 270 •HR 6800 EH 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 25 271 •HR 6800 EH (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 25 272 •HR 6800 EH 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. 22 273 •HR 6800 EH Subtitle C—Credits for Paid Sick 1 and Family Leave 2 SEC. 20221. EXTENSION OF CREDITS. 3 (a) IN GENERAL.—Sections 7001(g), 7002(e), 4 7003(g), and 7004(e) of the Families First Coronavirus 5 Response Act are each amended by striking ‘‘2020’’ and 6 inserting ‘‘2021’’. 7 (b) EFFECTIVE DATE.—The amendments made by 8 this section shall take effect as if included in the provisions 9 of the Families First Coronavirus Response Act to which 10 they relate. 11 SEC. 20222. REPEAL OF REDUCED RATE OF CREDIT FOR 12 CERTAIN LEAVE. 13 (a) PAYROLL CREDIT.—Section 7001(b) of the Fami- 14 lies First Coronavirus Response Act is amended by insert- 15 ing ‘‘or any day on or after the date of the enactment 16 of the Worker Health Coverage Protection Act’’ after ‘‘in 17 the case of any day any portion of which is paid sick time 18 described in paragraph (1), (2), or (3) of section 5102(a) 19 of the Emergency Paid Sick Leave Act’’. 20 (b) SELF-EMPLOYED CREDIT.— 21 (1) IN GENERAL.—Clauses (i) and (ii) of sec- 22 tion 7002(c)(1)(B) of the Families First 23 Coronavirus Response Act are each amended by in- 24 serting inserting ‘‘or any day on or after the date of 25 274 •HR 6800 EH the enactment of the Worker Health Coverage Pro- 1 tection Act’’ after ‘‘in the case of any day any por- 2 tion of which is paid sick time described in para- 3 graph (1), (2), or (3) of section 5102(a) of the 4 Emergency Paid Sick Leave Act’’. 5 (2) CONFORMING AMENDMENT.—Section 6 7002(d)(3) of the Families First Coronavirus Re- 7 sponse Act is amended by inserting inserting ‘‘or 8 any day on or after the date of the enactment of the 9 Worker Health Coverage Protection Act’’ after ‘‘in 10 the case of any day any portion of which is paid sick 11 time described in paragraph (1), (2), or (3) of sec- 12 tion 5102(a) of the Emergency Paid Sick Leave 13 Act’’. 14 (c) EFFECTIVE DATE.—The amendments made by 15 this section shall apply to days on or after the date of 16 the enactment of this Act. 17 SEC. 20223. INCREASE IN LIMITATIONS ON CREDITS FOR 18 PAID FAMILY LEAVE. 19 (a) INCREASE IN OVERALL LIMITATION ON QUALI- 20 FIED FAMILY LEAVE WAGES.— 21 (1) IN GENERAL.—Section 7003(b)(1)(B) of 22 the Families First Coronavirus Response Act is 23 amended by striking ‘‘$10,000’’ and inserting 24 ‘‘$12,000’’. 25 275 •HR 6800 EH (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- 25 276 •HR 6800 EH 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). 24 277 •HR 6800 EH (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. 24 278 •HR 6800 EH 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 26 279 •HR 6800 EH 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 to read 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. 25 280 •HR 6800 EH 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. 26 281 •HR 6800 EH ‘‘(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 24 282 •HR 6800 EH 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. 24 283 •HR 6800 EH (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- 24 284 •HR 6800 EH 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. 24 285 •HR 6800 EH (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: 24 286 •HR 6800 EH ‘‘(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 25 287 •HR 6800 EH of the enactment of the FUTURE Act (Public Law 116– 1 91). 2 TITLE III—NET OPERATING 3 LOSSES 4 SEC. 20301. LIMITATION ON EXCESS BUSINESS LOSSES OF 5 NON-CORPORATE TAXPAYERS RESTORED 6 AND MADE PERMANENT. 7 (a) IN GENERAL.—Section 461(l)(1) of the Internal 8 Revenue Code of 1986 is amended to read as follows: 9 ‘‘(1) LIMITATION.—In the case of a taxpayer 10 other than a corporation, any excess business loss of 11 the taxpayer shall not be allowed.’’. 12 (b) FARMING LOSSES.—Section 461 of such Code is 13 amended by striking subsection (j). 14 (c) EFFECTIVE DATE.—The amendments made by 15 this section shall apply to taxable years beginning after 16 December 31, 2017. 17 SEC. 20302. CERTAIN TAXPAYERS ALLOWED CARRYBACK OF 18 NET OPERATING LOSSES ARISING IN 2019 19 AND 2020. 20 (a) CARRYBACK OF LOSSES ARISING IN 2019 AND 21 2020.— 22 (1) IN GENERAL.—Section 172(b)(1)(D)(i) of 23 the Internal Revenue Code of 1986 is amended to 24 read as follows: 25 288 •HR 6800 EH ‘‘(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 25 289 •HR 6800 EH 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- 25 290 •HR 6800 EH 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. 24 291 •HR 6800 EH ‘‘(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 2303(b) of the Coronavirus Aid, Relief, 9 and Economic Security Act. 10 DIVISION C—HEALTH 11 PROVISIONS 12 TITLE I—MEDICAID PROVISIONS 13 SEC. 30101. COVID–19-RELATED TEMPORARY INCREASE OF 14 MEDICAID FMAP. 15 (a) IN GENERAL.—Section 6008 of the Families 16 First Coronavirus Response Act (42 U.S.C. 1396d note) 17 is amended— 18 (1) in subsection (a)— 19 (A) by inserting ‘‘(or, if later, June 30, 20 2021)’’ after ‘‘last day of such emergency pe- 21 riod occurs’’; and 22 (B) by striking ‘‘6.2 percentage points.’’ 23 and inserting ‘‘the percentage points specified 24 in subsection (e). In no case may the applica- 25 292 •HR 6800 EH tion of this section result in the Federal medical 1 assistance percentage determined for a State 2 being more than 95 percent.’’; and 3 (2) by adding at the end the following new sub- 4 sections: 5 ‘‘(e) SPECIFIED PERCENTAGE POINTS.—For pur- 6 poses of subsection (a), the percentage points specified in 7 this subsection are— 8 ‘‘(1) for each calendar quarter occurring during 9 the period beginning on the first day of the emer- 10 gency period described in paragraph (1)(B) of sec- 11 tion 1135(g) of the Social Security Act (42 U.S.C. 12 1320b-5(g)) and ending on June 30, 2020, 6.2 per- 13 centage points; 14 ‘‘(2) for each calendar quarter occurring during 15 the period beginning on July 1, 2020, and ending on 16 June 30, 2021, 14 percentage points; and 17 ‘‘(3) for each calendar quarter, if any, occurring 18 during the period beginning on July 1, 2021, and 19 ending on the last day of the calendar quarter in 20 which the last day of such emergency period occurs, 21 6.2 percentage points. 22 ‘‘(f) CLARIFICATIONS.— 23 ‘‘(1) In the case of a State that treats an indi- 24 vidual described in subsection (b)(3) as eligible for 25 293 •HR 6800 EH the benefits described in such subsection, for the pe- 1 riod described in subsection (a), expenditures for 2 medical assistance and administrative costs attrib- 3 utable to such individual that would not otherwise be 4 included as expenditures under section 1903 of the 5 Social Security Act shall be regarded as expendi- 6 tures under the State plan approved under title XIX 7 of the Social Security Act or for administration of 8 such State plan. 9 ‘‘(2) The limitations on payment under sub- 10 sections (f) and (g) of section 1108 of the Social Se- 11 curity Act (42 U.S.C. 1308) shall not apply to Fed- 12 eral payments made under section 1903(a)(1) of the 13 Social Security Act (42 U.S.C. 1396b(a)(1)) attrib- 14 utable to the increase in the Federal medical assist- 15 ance percentage under this section. 16 ‘‘(3) Expenditures attributable to the increased 17 Federal medical assistance percentage under this 18 section shall not be counted for purposes of the limi- 19 tations under section 2104(b)(4) of such Act (42 20 U.S.C. 1397dd(b)(4)). 21 ‘‘(4) Notwithstanding the first sentence of sec- 22 tion 2105(b) of the Social Security Act (42 U.S.C. 23 1397ee(b)), the application of the increase under 24 this section may result in the enhanced FMAP of a 25 294 •HR 6800 EH State for a fiscal year under such section exceeding 1 85 percent, but in no case may the application of 2 such increase before application of the second sen- 3 tence of such section result in the enhanced FMAP 4 of the State exceeding 95 percent. 5 ‘‘(g) SCOPE OF APPLICATION.—An increase in the 6 Federal medical assistance percentage for a State under 7 this section shall not be taken into account for purposes 8 of payments under part D of title IV of the Social Security 9 Act (42 U.S.C. 651 et seq.).’’. 10 (b) EFFECTIVE DATE.—The amendments made by 11 subsection (a) shall take effect and apply as if included 12 in the enactment of section 6008 of the Families First 13 Coronavirus Response Act (Public Law 116–127). 14 SEC. 30102. LIMITATION ON ADDITIONAL SECRETARIAL AC- 15 TION WITH RESPECT TO MEDICAID SUPPLE- 16 MENTAL PAYMENTS REPORTING REQUIRE- 17 MENTS. 18 (a) IN GENERAL.—Notwithstanding any other provi- 19 sion of law, during the period that begins on the date of 20 enactment of this section and ends on the last day of the 21 emergency period described in paragraph (1)(B) of section 22 1135(g) of the Social Security Act (42 U.S.C. 1320b– 23 5(g)), the Secretary of Health and Human Services shall 24 295 •HR 6800 EH not take any action (through promulgation of regulation, 1 issue of regulatory guidance, or otherwise) to— 2 (1) finalize or otherwise implement provisions 3 contained in the proposed rule published on Novem- 4 ber 18, 2019, on pages 63722 through 63785 of vol- 5 ume 84, Federal Register (relating to parts 430, 6 433, 447, 455, and 457 of title 42, Code of Federal 7 Regulations); or 8 (2) promulgate or implement any rule or provi- 9 sion similar to the provisions described in paragraph 10 (1) pertaining to the Medicaid program established 11 under title XIX of the Social Security Act (42 12 U.S.C. 1396 et seq.) or the State Children’s Health 13 Insurance Program established under title XXI of 14 such Act (42 U.S.C. 1397aa et seq.). 15 (b) CONTINUATION OF OTHER SECRETARIAL AU- 16 THORITY.—Nothing in this section shall be construed as 17 prohibiting the Secretary during the period described in 18 subsection (a) from taking any action (through promulga- 19 tion of regulation, issuance of regulatory guidance, or 20 other administrative action) to enforce a provision of law 21 in effect as of the date of enactment of this section with 22 respect to the Medicaid program established under title 23 XIX of the Social Security Act (42 U.S.C. 1396 et seq.) 24 or the State Children’s Health Insurance Program estab- 25 296 •HR 6800 EH lished under title XXI of such Act (42 U.S.C. 1397aa et 1 seq.), or to promulgate or implement a new rule or provi- 2 sion during such period with respect to such programs, 3 other than a rule or provision described in subsection (a) 4 and subject to the prohibition set forth in that subsection. 5 SEC. 30103. ADDITIONAL SUPPORT FOR MEDICAID HOME 6 AND COMMUNITY-BASED SERVICES DURING 7 THE COVID–19 EMERGENCY PERIOD. 8 (a) INCREASED FMAP.— 9 (1) IN GENERAL.—Notwithstanding section 10 1905(b) of the Social Security Act (42 U.S.C. 11 1396d(b)), in the case of an HCBS program State, 12 the Federal medical assistance percentage deter- 13 mined for the State under section 1905(b) of such 14 Act and, if applicable, increased under subsection 15 (y), (z), or (aa) of section 1905 of such Act (42 16 U.S.C. 1396d), section 1915(k) of such Act (42 17 U.S.C. 1396n(k)), or section 6008(a) of the Fami- 18 lies First Coronavirus Response Act (Public Law 19 116–127), shall be increased by 10 percentage 20 points with respect to expenditures of the State 21 under the State Medicaid program for home and 22 community-based services that are provided during 23 the HCBS program improvement period. In no case 24 may the application of the previous sentence result 25 297 •HR 6800 EH in the Federal medical assistance percentage deter- 1 mined for a State being more than 95 percent. 2 (2) DEFINITIONS.—In this section: 3 (A) HCBS PROGRAM IMPROVEMENT PE- 4 RIOD.—The term ‘‘HCBS program improve- 5 ment period’’ means, with respect to a State, 6 the period— 7 (i) beginning on July 1, 2020; and 8 (ii) ending on June 30, 2021. 9 (B) HCBS PROGRAM STATE.—The term 10 ‘‘HCBS program State’’ means a State that 11 meets the condition described in subsection (b) 12 by submitting an application described in such 13 subsection, which is approved by the Secretary 14 pursuant to subsection (c). 15 (C) HOME AND COMMUNITY-BASED SERV- 16 ICES.—The term ‘‘home and community-based 17 services’’ means home health care services au- 18 thorized under paragraph (7) of section 1905(a) 19 of the Social Security Act (42 U.S.C. 20 1396d(a)), personal care services authorized 21 under paragraph (24) of such section, PACE 22 services authorized under paragraph (26) of 23 such section, services authorized under sub- 24 sections (b), (c), (i), (j), and (k) of section 1915 25 298 •HR 6800 EH of such Act (42 U.S.C. 1396n), such services 1 authorized under a waiver under section 1115 2 of such Act (42 U.S.C. 1315), and such other 3 services specified by the Secretary. 4 (b) CONDITION.—The condition described in this sub- 5 section, with respect to a State, is that the State submits 6 an application to the Secretary, at such time and in such 7 manner as specified by the Secretary, that includes, in ad- 8 dition to such other information as the Secretary shall re- 9 quire— 10 (1) a description of which activities described in 11 subsection (d) that a state plans to implement and 12 a description of how it plans to implement such ac- 13 tivities; 14 (2) assurances that the Federal funds attrib- 15 utable to the increase under subsection (a) will be 16 used— 17 (A) to implement the activities described in 18 subsection (d); and 19 (B) to supplement, and not supplant, the 20 level of State funds expended for home and 21 community-based services for eligible individ- 22 uals through programs in effect as of the date 23 of the enactment of this section; and 24 299 •HR 6800 EH (3) assurances that the State will conduct ade- 1 quate oversight and ensure the validity of such data 2 as may be required by the Secretary. 3 (c) APPROVAL OF APPLICATION.—Not later than 90 4 days after the date of submission of an application of a 5 State under subsection (b), the Secretary shall certify if 6 the application is complete. Upon certification that an ap- 7 plication of a State is complete, the application shall be 8 deemed to be approved for purposes of this section. 9 (d) ACTIVITIES TO IMPROVE THE DELIVERY OF 10 HCBS.— 11 (1) IN GENERAL.—A State shall work with 12 community partners, such as Area Agencies on 13 Aging, Centers for Independent Living, non-profit 14 home and community-based services providers, and 15 other entities providing home and community-based 16 services, to implement— 17 (A) the purposes described in paragraph 18 (2) during the COVID–19 public health emer- 19 gency period; and 20 (B) the purposes described in paragraph 21 (3) after the end of such emergency period. 22 (2) FOCUSED AREAS OF HCBS IMPROVE- 23 MENT.—The purposes described in this paragraph, 24 with respect to a State, are the following: 25 300 •HR 6800 EH (A) To increase rates for home health 1 agencies and agencies that employ direct sup- 2 port professionals (including independent pro- 3 viders in a self-directed or consumer-directed 4 model) to provide home and community-based 5 services under the State Medicaid program, 6 provided that any agency or individual that re- 7 ceives payment under such an increased rate in- 8 creases the compensation it pays its home 9 health workers or direct support professionals. 10 (B) To provide paid sick leave, paid family 11 leave, and paid medical leave for home health 12 workers and direct support professionals. 13 (C) To provide hazard pay, overtime pay, 14 and shift differential pay for home health work- 15 ers and direct support professionals. 16 (D) To provide home and community- 17 based services to eligible individuals who are on 18 waiting lists for programs approved under sec- 19 tions 1115 or 1915 of the Social Security Act 20 (42 U.S.C. 1315, 1396n). 21 (E) To purchase emergency supplies and 22 equipment, which may include items not typi- 23 cally covered under the Medicaid program, such 24 as personal protective equipment, necessary to 25 301 •HR 6800 EH enhance access to services and to protect the 1 health and well-being of home health workers 2 and direct support professionals. 3 (F) To pay for the travel of home health 4 workers and direct support professionals to con- 5 duct home and community-based services. 6 (G) To recruit new home health workers 7 and direct support professionals. 8 (H) To support family care providers of el- 9 igible individuals with needed supplies and 10 equipment, which may include items not typi- 11 cally covered under the Medicaid program, such 12 as personal protective equipment, and pay. 13 (I) To pay for training for home health 14 workers and direct support professionals that is 15 specific to the COVID–19 public health emer- 16 gency. 17 (J) To pay for assistive technologies, staff- 18 ing, and other costs incurred during the 19 COVID–19 public health emergency period in 20 order to facilitate community integration and 21 ensure an individual’s person-centered service 22 plan continues to be fully implemented. 23 (K) To prepare information and public 24 health and educational materials in accessible 25 302 •HR 6800 EH formats (including formats accessible to people 1 with low literacy or intellectual disabilities) 2 about prevention, treatment, recovery and other 3 aspects of COVID–19 for eligible individuals, 4 their families, and the general community 5 served by agencies described in subparagraph 6 (A). 7 (L) To pay for American sign language in- 8 terpreters to assist in providing home and com- 9 munity-based services to eligible individuals and 10 to inform the general public about COVID–19. 11 (M) To allow day services providers to pro- 12 vide home and community-based services. 13 (N) To pay for other expenses deemed ap- 14 propriate by the Secretary to enhance, expand, 15 or strengthen Home and Community-Based 16 Services, including retainer payments, and ex- 17 penses which meet the criteria of the home and 18 community-based settings rule published on 19 January 16, 2014. 20 (3) PERMISSIBLE USES AFTER THE EMER- 21 GENCY PERIOD.—The purpose described in this 22 paragraph, with respect to a State, is to assist eligi- 23 ble individuals who had to relocate to a nursing fa- 24 cility or institutional setting from their homes dur- 25 303 •HR 6800 EH ing the COVID–19 public health emergency period 1 in— 2 (A) moving back to their homes (including 3 by paying for moving costs, first month’s rent, 4 and other one-time expenses and start-up 5 costs); 6 (B) resuming home and community-based 7 services; 8 (C) receiving mental health services and 9 necessary rehabilitative service to regain skills 10 lost while relocated during the public health 11 emergency period; and 12 (D) while funds attributable to the in- 13 creased FMAP under this section remain avail- 14 able, continuing home and community-based 15 services for eligible individuals who were served 16 from a waiting list for such services during the 17 public health emergency period. 18 (e) REPORTING REQUIREMENTS.— 19 (1) STATE REPORTING REQUIREMENTS.—Not 20 later than December 31, 2022, any State with re- 21 spect to which an application is approved by the Sec- 22 retary pursuant to subsection (c) shall submit a re- 23 port to the Secretary that contains the following in- 24 formation: 25 304 •HR 6800 EH (A) Activities and programs that were 1 funded using Federal funds attributable to such 2 increase. 3 (B) The number of eligible individuals who 4 were served by such activities and programs. 5 (C) The number of eligible individuals who 6 were able to resume home and community- 7 based services as a result of such activities and 8 programs. 9 (2) HHS EVALUATION.— 10 (A) IN GENERAL.—The Secretary shall 11 evaluate the implementation and outcomes of 12 this section in the aggregate using an external 13 evaluator with experience evaluating home and 14 community-based services, disability programs, 15 and older adult programs. 16 (B) EVALUATION CRITERIA.—For pur- 17 poses of subparagraph (A), the external eval- 18 uator shall— 19 (i) document and evaluate changes in 20 access, availability, and quality of home 21 and community-based services in each 22 HCBS program State; 23 (ii) document and evaluate aggregate 24 changes in access, availability, and quality 25 305 •HR 6800 EH of home and community-based services 1 across all such States; and 2 (iii) evaluate the implementation and 3 outcomes of this section based on— 4 (I) the impact of this section on 5 increasing funding for home and com- 6 munity-based services; 7 (II) the impact of this section on 8 achieving targeted access, availability, 9 and quality of home and community- 10 based services; and 11 (III) promising practices identi- 12 fied by activities conducted pursuant 13 to subsection (d) that increase access 14 to, availability of, and quality of home 15 and community-based services. 16 (C) DISSEMINATION OF EVALUATION FIND- 17 INGS.—The Secretary shall— 18 (i) disseminate the findings from the 19 evaluations conducted under this para- 20 graph to— 21 (I) all State Medicaid directors; 22 and 23 (II) the Committee on Energy 24 and Commerce of the House of Rep- 25 306 •HR 6800 EH resentatives, the Committee on Fi- 1 nance of the Senate, and the Special 2 Committee on Aging of the Senate; 3 and 4 (ii) make all evaluation findings pub- 5 licly available in an accessible electronic 6 format and any other accessible format de- 7 termined appropriate by the Secretary. 8 (D) OVERSIGHT.—Each State with respect 9 to which an application is approved by the Sec- 10 retary pursuant to subsection (c) shall ensure 11 adequate oversight of the expenditure of Fed- 12 eral funds pursuant to such increase in accord- 13 ance with the Medicaid regulations, including 14 section 1115 and 1915 waiver regulations and 15 special terms and conditions for any relevant 16 waiver or grant program. 17 (3) NON-APPLICATION OF THE PAPERWORK RE- 18 DUCTION ACT.—Chapter 35 of title 44, United 19 States Code (commonly referred to as the ‘‘Paper- 20 work Reduction Act of 1995’’), shall not apply to the 21 provisions of this subsection. 22 (f) ADDITIONAL DEFINITIONS.—In this section: 23 (1) COVID–19 PUBLIC HEALTH EMERGENCY 24 PERIOD.—The term ‘‘COVID–19 public health emer- 25 307 •HR 6800 EH gency period’’ means the portion of the emergency 1 period described in paragraph (1)(B) of section 2 1135(g) of the Social Security Act (42 U.S.C. 3 1320b–5(g)) beginning on or after the date of the 4 enactment of this Act. 5 (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 6 individual’’ means an individual who is eligible for or 7 enrolled for medical assistance under a State Med- 8 icaid program. 9 (3) MEDICAID PROGRAM.—The term ‘‘Medicaid 10 program’’ means, with respect to a State, the State 11 program under title XIX of the Social Security Act 12 (42 U.S.C. 1396 et seq.) (including any waiver or 13 demonstration under such title or under section 14 1115 of such Act (42 U.S.C. 1315) relating to such 15 title). 16 (4) SECRETARY.—The term ‘‘Secretary’’ means 17 the Secretary of Health and Human Services. 18 (5) STATE.—The term ‘‘State’’ has the mean- 19 ing given such term for purposes of title XIX of the 20 Social Security Act (42 U.S.C. 1396 et seq.). 21 SEC. 30104. COVERAGE AT NO COST SHARING OF COVID–19 22 VACCINE AND TREATMENT. 23 (a) MEDICAID.— 24 308 •HR 6800 EH (1) IN GENERAL.—Section 1905(a)(4) of the 1 Social Security Act (42 U.S.C. 1396d(a)(4)) is 2 amended— 3 (A) by striking ‘‘and (D)’’ and inserting 4 ‘‘(D)’’; and 5 (B) by striking the semicolon at the end 6 and inserting ‘‘; (E) during the portion of the 7 emergency period described in paragraph (1)(B) 8 of section 1135(g) beginning on the date of the 9 enactment of The Heroes Act, a COVID–19 10 vaccine licensed under section 351 of the Public 11 Health Service Act, or approved or authorized 12 under sections 505 or 564 of the Federal Food, 13 Drug, and Cosmetic Act, and administration of 14 the vaccine; (F) during such portion of the 15 emergency period described in paragraph (1)(B) 16 of section 1135(g), items or services for the 17 prevention or treatment of COVID–19, includ- 18 ing drugs approved or authorized under such 19 section 505 or such section 564 or, without re- 20 gard to the requirements of section 21 1902(a)(10)(B) (relating to comparability), in 22 the case of an individual who is diagnosed with 23 or presumed to have COVID–19, during such 24 portion of such emergency period during which 25 309 •HR 6800 EH such individual is infected (or presumed in- 1 fected) with COVID–19, the treatment of a 2 condition that may complicate the treatment of 3 COVID–19;’’. 4 (2) PROHIBITION OF COST SHARING.— 5 (A) IN GENERAL.—Subsections (a)(2) and 6 (b)(2) of section 1916 of the Social Security 7 Act (42 U.S.C. 1396o) are each amended— 8 (i) in subparagraph (F), by striking 9 ‘‘or’’ at the end; 10 (ii) in subparagraph (G), by striking 11 ‘‘; and’’ and inserting ‘‘, or’’; and 12 (iii) by adding at the end the fol- 13 lowing subparagraphs: 14 ‘‘(H) during the portion of the emergency 15 period described in paragraph (1)(B) of section 16 1135(g) beginning on the date of the enactment 17 of this subparagraph, a COVID–19 vaccine li- 18 censed under section 351 of the Public Health 19 Service Act, or approved or authorized under 20 section 505 or 564 of the Federal Food, Drug, 21 and Cosmetic Act, and the administration of 22 such vaccine, or 23 ‘‘(I) during such portion of the emergency 24 period described in paragraph (1)(B) of section 25 310 •HR 6800 EH 1135(g), any item or service furnished for the 1 treatment of COVID–19, including drugs ap- 2 proved or authorized under such section 505 or 3 such section 564 or, in the case of an individual 4 who is diagnosed with or presumed to have 5 COVID–19, during the portion of such emer- 6 gency period during which such individual is in- 7 fected (or presumed infected) with COVID–19, 8 the treatment of a condition that may com- 9 plicate the treatment of COVID–19; and’’. 10 (B) APPLICATION TO ALTERNATIVE COST 11 SHARING.—Section 1916A(b)(3)(B) of the So- 12 cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) 13 is amended— 14 (i) in clause (xi), by striking ‘‘any 15 visit’’ and inserting ‘‘any service’’; and 16 (ii) by adding at the end the following 17 clauses: 18 ‘‘(xii) During the portion of the emer- 19 gency period described in paragraph (1)(B) 20 of section 1135(g) beginning on the date of 21 the enactment of this clause, a COVID–19 22 vaccine licensed under section 351 of the 23 Public Health Service Act, or approved or 24 authorized under section 505 or 564 of the 25 311 •HR 6800 EH Federal Food, Drug, and Cosmetic Act, 1 and the administration of such vaccine. 2 ‘‘(xiii) During such portion of the 3 emergency period described in paragraph 4 (1)(B) of section 1135(g), an item or serv- 5 ice furnished for the treatment of COVID– 6 19, including drugs approved or authorized 7 under such section 505 or such section 564 8 or, in the case of an individual who is diag- 9 nosed with or presumed to have COVID– 10 19, during such portion of such emergency 11 period during which such individual is in- 12 fected (or presumed infected) with 13 COVID–19, the treatment of a condition 14 that may complicate the treatment of 15 COVID–19.’’. 16 (C) CLARIFICATION.—The amendments 17 made by this subsection shall apply with respect 18 to a State plan of a territory in the same man- 19 ner as a State plan of one of the 50 States. 20 (b) STATE PEDIATRIC VACCINE DISTRIBUTION PRO- 21 GRAM.—Section 1928 of the Social Security Act (42 22 U.S.C. 1396s) is amended— 23 (1) in subsection (a)(1)— 24 312 •HR 6800 EH (A) in subparagraph (A), by striking ‘‘; 1 and’’ and inserting a semicolon; 2 (B) in subparagraph (B), by striking the 3 period and inserting ‘‘; and’’; and 4 (C) by adding at the end the following sub- 5 paragraph: 6 ‘‘(C) during the portion of the emergency 7 period described in paragraph (1)(B) of section 8 1135(g) beginning on the date of the enactment 9 of this subparagraph, each vaccine-eligible child 10 (as defined in subsection (b)) is entitled to re- 11 ceive a COVID–19 vaccine from a program-reg- 12 istered provider (as defined in subsection 13 (h)(7)) without charge for— 14 ‘‘(i) the cost of such vaccine; or 15 ‘‘(ii) the administration of such vac- 16 cine.’’; 17 (2) in subsection (c)(2)— 18 (A) in subparagraph (C)(ii), by inserting ‘‘, 19 but, during the portion of the emergency period 20 described in paragraph (1)(B) of section 21 1135(g) beginning on the date of the enactment 22 of The Heroes Act, may not impose a fee for 23 the administration of a COVID–19 vaccine’’ be- 24 fore the period; and 25 313 •HR 6800 EH (B) by adding at the end the following sub- 1 paragraph: 2 ‘‘(D) The provider will provide and admin- 3 ister an approved COVID–19 vaccine to a vac- 4 cine-eligible child in accordance with the same 5 requirements as apply under the preceding sub- 6 paragraphs to the provision and administration 7 of a qualified pediatric vaccine to such a 8 child.’’; and 9 (3) in subsection (d)(1), in the first sentence, 10 by inserting ‘‘, including, during the portion of the 11 emergency period described in paragraph (1)(B) of 12 section 1135(g) beginning on the date of the enact- 13 ment of The Heroes Act, with respect to a COVID– 14 19 vaccine licensed under section 351 of the Public 15 Health Service Act, or approved or authorized under 16 section 505 or 564 of the Federal Food, Drug, and 17 Cosmetic Act’’ before the period. 18 (c) CHIP.— 19 (1) IN GENERAL.—Section 2103(c) of the So- 20 cial Security Act (42 U.S.C. 1397cc(c)) is amended 21 by adding at the end the following paragraph: 22 ‘‘(11) COVERAGE OF COVID–19 VACCINES AND 23 TREATMENT.—Regardless of the type of coverage 24 elected by a State under subsection (a), child health 25 314 •HR 6800 EH assistance provided under such coverage for targeted 1 low-income children and, in the case that the State 2 elects to provide pregnancy-related assistance under 3 such coverage pursuant to section 2112, such preg- 4 nancy-related assistance for targeted low-income 5 pregnant women (as defined in section 2112(d)) 6 shall include coverage, during the portion of the 7 emergency period described in paragraph (1)(B) of 8 section 1135(g) beginning on the date of the enact- 9 ment of this paragraph, of— 10 ‘‘(A) a COVID–19 vaccine licensed under 11 section 351 of the Public Health Service Act, or 12 approved or authorized under section 505 or 13 564 of the Federal Food, Drug, and Cosmetic 14 Act, and the administration of such vaccine; 15 and 16 ‘‘(B) any item or service furnished for the 17 treatment of COVID–19, including drugs ap- 18 proved or authorized under such section 505 or 19 such section 564, or, in the case of an indi- 20 vidual who is diagnosed with or presumed to 21 have COVID–19, during the portion of such 22 emergency period during which such individual 23 is infected (or presumed infected) with COVID– 24 315 •HR 6800 EH 19, the treatment of a condition that may com- 1 plicate the treatment of COVID–19.’’. 2 (2) PROHIBITION OF COST SHARING.—Section 3 2103(e)(2) of the Social Security Act (42 U.S.C. 4 1397cc(e)(2)), as amended by section 6004(b)(3) of 5 the Families First Coronavirus Response Act, is 6 amended— 7 (A) in the paragraph header, by inserting 8 ‘‘A COVID–19 VACCINE, COVID–19 TREATMENT,’’ 9 before ‘‘OR PREGNANCY-RELATED ASSISTANCE’’; 10 and 11 (B) by striking ‘‘visits described in section 12 1916(a)(2)(G), or’’ and inserting ‘‘services de- 13 scribed in section 1916(a)(2)(G), vaccines de- 14 scribed in section 1916(a)(2)(H) administered 15 during the portion of the emergency period de- 16 scribed in paragraph (1)(B) of section 1135(g) 17 beginning on the date of the enactment of The 18 Heroes Act, items or services described in sec- 19 tion 1916(a)(2)(I) furnished during such emer- 20 gency period, or’’. 21 (d) CONFORMING AMENDMENTS.—Section 1937 of 22 the Social Security Act (42 U.S.C. 1396u–7) is amend- 23 ed— 24 316 •HR 6800 EH (1) in subsection (a)(1)(B), by inserting ‘‘, 1 under subclause (XXIII) of section 2 1902(a)(10)(A)(ii),’’ after ‘‘section 3 1902(a)(10)(A)(i)’’; and 4 (2) in subsection (b)(5), by adding before the 5 period the following: ‘‘, and, effective on the date of 6 the enactment of The Heroes Act, must comply with 7 subparagraphs (F) through (I) of subsections (a)(2) 8 and (b)(2) of section 1916 and subsection (b)(3)(B) 9 of section 1916A’’. 10 (e) EFFECTIVE DATE.—The amendments made by 11 this section shall take effect on the date of enactment of 12 this Act and shall apply with respect to a COVID–19 vac- 13 cine beginning on the date that such vaccine is licensed 14 under section 351 of the Public Health Service Act (42 15 U.S.C. 262), or approved or authorized under section 505 16 or 564 of the Federal Food, Drug, and Cosmetic Act. 17 SEC. 30105. OPTIONAL COVERAGE AT NO COST SHARING OF 18 COVID–19 TREATMENT AND VACCINES UNDER 19 MEDICAID FOR UNINSURED INDIVIDUALS. 20 (a) IN GENERAL.—Section 1902(a)(10) of the Social 21 Security Act (42 U.S.C. 1396a(a)(10) is amended, in the 22 matter following subparagraph (G), by striking ‘‘and any 23 visit described in section 1916(a)(2)(G)’’ and inserting the 24 following: ‘‘, any COVID–19 vaccine that is administered 25 317 •HR 6800 EH during any such portion (and the administration of such 1 vaccine), any item or service that is furnished during any 2 such portion for the treatment of COVID–19, including 3 drugs approved or authorized under section 505 or 564 4 of the Federal Food, Drug, and Cosmetic Act, or, in the 5 case of an individual who is diagnosed with or presumed 6 to have COVID–19, during the period such individual is 7 infected (or presumed infected) with COVID–19, the 8 treatment of a condition that may complicate the treat- 9 ment of COVID–19, and any services described in section 10 1916(a)(2)(G)’’. 11 (b) DEFINITION OF UNINSURED INDIVIDUAL.— 12 (1) IN GENERAL.—Subsection (ss) of section 13 1902 of the Social Security Act (42 U.S.C. 1396a) 14 is amended to read as follows: 15 ‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For pur- 16 poses of this section, the term ‘uninsured individual’ 17 means, notwithstanding any other provision of this title, 18 any individual who is not covered by minimum essential 19 coverage (as defined in section 5000A(f)(1) of the Internal 20 Revenue Code of 1986).’’. 21 (2) EFFECTIVE DATE.—The amendment made 22 by paragraph (1) shall take effect and apply as if in- 23 cluded in the enactment of the Families First 24 Coronavirus Response Act (Public Law 116–127). 25 318 •HR 6800 EH (c) CLARIFICATION REGARDING EMERGENCY SERV- 1 ICES FOR CERTAIN INDIVIDUALS.—Section 1903(v)(2) of 2 the Social Security Act (42 U.S.C. 1396b(v)(2)) is amend- 3 ed by adding at the end the following flush sentence: 4 ‘‘For purposes of subparagraph (A), care and serv- 5 ices described in such subparagraph include any in 6 vitro diagnostic product described in section 7 1905(a)(3)(B) (and the administration of such prod- 8 uct), any COVID–19 vaccine (and the administra- 9 tion of such vaccine), any item or service that is fur- 10 nished for the treatment of COVID–19, including 11 drugs approved or authorized under section 505 or 12 564 of the Federal Food, Drug, and Cosmetic Act, 13 or a condition that may complicate the treatment of 14 COVID–19, and any services described in section 15 1916(a)(2)(G).’’. 16 (d) INCLUSION OF COVID–19 CONCERN AS AN 17 EMERGENCY CONDITION.—Section 1903(v)(3) of the So- 18 cial Security Act (42 U.S.C. 1396b(v)(3)) is amended by 19 adding at the end the following flush sentence: 20 ‘‘Such term includes any indication that an alien de- 21 scribed in paragraph (1) may have contracted 22 COVID–19.’’. 23 319 •HR 6800 EH SEC. 30106. EXTENSION OF FULL FEDERAL MEDICAL AS- 1 SISTANCE PERCENTAGE TO INDIAN HEALTH 2 CARE PROVIDERS. 3 Section 1905 of the Social Security Act (42 U.S.C. 4 1396d) is amended— 5 (1) in subsection (a), by amending paragraph 6 (9) to read as follows: 7 ‘‘(9) clinic services furnished by or under the 8 direction of a physician, without regard to whether 9 the clinic itself is administered by a physician, in- 10 cluding— 11 ‘‘(A) such services furnished outside the 12 clinic by clinic personnel to an eligible indi- 13 vidual who does not reside in a permanent 14 dwelling or does not have a fixed home or mail- 15 ing address; and 16 ‘‘(B) for the period beginning on July 1, 17 2020, and ending on June 30, 2021, such serv- 18 ices provided outside the clinic on the basis of 19 a referral from a clinic administered by an In- 20 dian Health Program (as defined in paragraph 21 (12) of section 4 of the Indian Health Care Im- 22 provement Act, or an Urban Indian Organiza- 23 tion as defined in paragraph (29) of section 4 24 of such Act that has a grant or contract with 25 320 •HR 6800 EH the Indian Health Service under title V of such 1 Act;’’. 2 (2) in subsection (b), by inserting after ‘‘(as de- 3 fined in section 4 of the Indian Health Care Im- 4 provement Act)’’ the following: ‘‘; for the period be- 5 ginning on July 1, 2020, and ending on June 30, 6 2021, the Federal medical assistance percentage 7 shall also be 100 per centum with respect to 8 amounts expended as medical assistance for services 9 which are received through an Urban Indian organi- 10 zation (as defined in section 4 of the Indian Health 11 Care Improvement Act) that has a grant or contract 12 with the Indian Health Service under title V of such 13 Act’’. 14 SEC. 30107. MEDICAID COVERAGE FOR CITIZENS OF FREE- 15 LY ASSOCIATED STATES. 16 (a) IN GENERAL.—Section 402(b)(2) of the Personal 17 Responsibility and Work Opportunity Reconciliation Act 18 of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding at 19 the end the following new subparagraph: 20 ‘‘(G) MEDICAID EXCEPTION FOR CITIZENS 21 OF FREELY ASSOCIATED STATES.—With respect 22 to eligibility for benefits for the designated Fed- 23 eral program defined in paragraph (3)(C) (re- 24 lating to the Medicaid program), section 401(a) 25 321 •HR 6800 EH and paragraph (1) shall not apply to any indi- 1 vidual who lawfully resides in 1 of the 50 States 2 or the District of Columbia in accordance with 3 the Compacts of Free Association between the 4 Government of the United States and the Gov- 5 ernments of the Federated States of Micro- 6 nesia, the Republic of the Marshall Islands, and 7 the Republic of Palau and shall not apply, at 8 the option of the Governor of Puerto Rico, the 9 Virgin Islands, Guam, the Northern Mariana 10 Islands, or American Samoa as communicated 11 to the Secretary of Health and Human Services 12 in writing, to any individual who lawfully re- 13 sides in the respective territory in accordance 14 with such Compacts.’’. 15 (b) EXCEPTION TO 5–YEAR LIMITED ELIGIBILITY.— 16 Section 403(d) of such Act (8 U.S.C. 1613(d)) is amend- 17 ed— 18 (1) in paragraph (1), by striking ‘‘or’’ at the 19 end; 20 (2) in paragraph (2), by striking the period at 21 the end and inserting ‘‘; or’’; and 22 (3) by adding at the end the following new 23 paragraph: 24 322 •HR 6800 EH ‘‘(3) an individual described in section 1 402(b)(2)(G), but only with respect to the des- 2 ignated Federal program defined in section 3 402(b)(3)(C).’’. 4 (c) DEFINITION OF QUALIFIED ALIEN.—Section 5 431(b) of such Act (8 U.S.C. 1641(b)) is amended— 6 (1) in paragraph (6), by striking ‘‘; or’’ at the 7 end and inserting a comma; 8 (2) in paragraph (7), by striking the period at 9 the end and inserting ‘‘, or’’; and 10 (3) by adding at the end the following new 11 paragraph: 12 ‘‘(8) an individual who lawfully resides in the 13 United States in accordance with a Compact of Free 14 Association referred to in section 402(b)(2)(G), but 15 only with respect to the designated Federal program 16 defined in section 402(b)(3)(C) (relating to the Med- 17 icaid program).’’. 18 (d) APPLICATION TO STATE PLANS.—Section 19 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 20 1396a(a)(10)(A)(i)) is amended by inserting after sub- 21 clause (IX) the following: 22 ‘‘(X) who are described in section 23 402(b)(2)(G) of the Personal Respon- 24 sibility and Work Opportunity Rec- 25 323 •HR 6800 EH onciliation Act of 1996 and eligible 1 for benefits under this title by reason 2 of application of such section;’’. 3 (e) CONFORMING AMENDMENTS.—Section 1108 of 4 the Social Security Act (42 U.S.C. 1308) is amended— 5 (1) in subsection (f), in the matter preceding 6 paragraph (1), by striking ‘‘subsections (g) and (h) 7 and section 1935(e)(1)(B)’’ and inserting ‘‘sub- 8 sections (g), (h), and (i) and section 1935(e)(1)(B)’’; 9 and 10 (2) by adding at the end the following: 11 ‘‘(i) EXCLUSION OF MEDICAL ASSISTANCE EXPENDI- 12 TURES FOR CITIZENS OF FREELY ASSOCIATED STATES.— 13 Expenditures for medical assistance provided to an indi- 14 vidual described in section 431(b)(8) of the Personal Re- 15 sponsibility and Work Opportunity Reconciliation Act of 16 1996 (8 U.S.C. 1641(b)(8)) shall not be taken into ac- 17 count for purposes of applying payment limits under sub- 18 sections (f) and (g).’’. 19 (f) EFFECTIVE DATE.—The amendments made by 20 this section shall apply to benefits for items and services 21 furnished on or after the date of the enactment of this 22 Act. 23 324 •HR 6800 EH SEC. 30108. TEMPORARY INCREASE IN MEDICAID DSH AL- 1 LOTMENTS. 2 (a) IN GENERAL.—Section 1923(f)(3) of the Social 3 Security Act (42 U.S.C. 1396r–4(f)(3)) is amended— 4 (1) in subparagraph (A), by striking ‘‘and sub- 5 paragraph (E)’’ and inserting ‘‘and subparagraphs 6 (E) and (F)’’; and 7 (2) by adding at the end the following new sub- 8 paragraph: 9 ‘‘(F) TEMPORARY INCREASE IN ALLOT- 10 MENTS DURING CERTAIN PUBLIC HEALTH 11 EMERGENCY.—The DSH allotment for any 12 State for each of fiscal years 2020 and 2021 is 13 equal to 102.5 percent of the DSH allotment 14 that would be determined under this paragraph 15 for the State for each respective fiscal year 16 without application of this subparagraph, not- 17 withstanding subparagraphs (B) and (C). For 18 each fiscal year after fiscal year 2021, the DSH 19 allotment for a State for such fiscal year is 20 equal to the DSH allotment that would have 21 been determined under this paragraph for such 22 fiscal year if this subparagraph had not been 23 enacted.’’. 24 325 •HR 6800 EH (b) DSH ALLOTMENT ADJUSTMENT FOR TEN- 1 NESSEE.—Section 1923(f)(6)(A)(vi) of the Social Security 2 Act (42 U.S.C. 1396r–4(f)(6)(A)(vi)) is amended— 3 (1) by striking ‘‘Notwithstanding any other pro- 4 vision of this subsection’’ and inserting the fol- 5 lowing: 6 ‘‘(I) IN GENERAL.—Notwith- 7 standing any other provision of this 8 subsection (except as provided in sub- 9 clause (II) of this clause)’’; and 10 (2) by adding at the end the following: 11 ‘‘(II) TEMPORARY INCREASE IN 12 ALLOTMENTS.—The DSH allotment 13 for Tennessee for each of fiscal years 14 2020 and 2021 shall be equal to 15 $54,427,500.’’. 16 (c) SENSE OF CONGRESS.—It is the sense of Con- 17 gress that a State should prioritize making payments 18 under the State plan of the State under title XIX of the 19 Social Security Act (42 U.S.C. 1396 et seq.) (or a waiver 20 of such plan) to disproportionate share hospitals that have 21 a higher share of COVID–19 patients relative to other 22 such hospitals in the State. 23 326 •HR 6800 EH SEC. 30109. EXTENSION OF EXISTING SECTION 1115 DEM- 1 ONSTRATIONS. 2 (a) APPLICABILITY.—This section shall apply with 3 respect to demonstrations operated by States pursuant to 4 section 1115(a) of the Social Security Act (42 U.S.C. 5 1315(a)) to promote the objectives of title XIX or XXI 6 of the Social Security Act with a project term set to end 7 on or before February 28, 2021. 8 (b) APPROVAL OF EXTENSION.—Upon request by a 9 State, the Secretary of Health and Human Services shall 10 approve an extension of the demonstration project de- 11 scribed in subsection (a) for a period up to and including 12 December 31, 2021, to ensure continuity of programs and 13 funding during the emergency period described in section 14 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 15 1320b–5(g)(1)(B)). 16 (c) EXTENSION TERMS AND CONDITIONS.—(1) The 17 approval pursuant to this section shall extend the terms 18 and conditions that applied to the demonstration project 19 to the extension period. Financial terms and conditions 20 shall continue at levels equivalent to the prior demonstra- 21 tion or program year. All demonstration program compo- 22 nents shall be extended to operate through the end of the 23 extension term. In its request for an extension, the State 24 shall identify operational and programmatic changes nec- 25 essary to continue and stabilize programs into the exten- 26 327 •HR 6800 EH sion period and shall work with the Secretary of Health 1 and Human Services to implement such changes. 2 (2) Notwithstanding the foregoing, the State may re- 3 quest, and the Secretary of Health and Human Services 4 may approve, modifications to a demonstration project’s 5 terms and conditions to address the impact of the federally 6 designated public health emergency with respect to 7 COVID–19. Such modifications may, at the option of the 8 State, become effective retroactive to the start of the cal- 9 endar quarter in which the first day of the emergency pe- 10 riod described in paragraph (1)(B) of section 1135(g) of 11 the Social Security Act (42 U.S.C. 1320b–5(g)) occurs. 12 (d) BUDGET NEUTRALITY.—Budget neutrality for 13 extensions under this section shall be deemed to have been 14 met at the conclusion of the extension period, and States 15 receiving extensions under this section shall not be re- 16 quired to submit a budget neutrality analysis for the ex- 17 tension period. 18 (e) EXPEDITED APPLICATION PROCESS.—The Fed- 19 eral and State public notice and comment procedures or 20 other time constraints otherwise applicable to demonstra- 21 tion project amendments shall be waived to expedite a 22 State’s extension request pursuant to this section. The 23 Secretary of Health and Human Services shall approve the 24 extension application within 45 days of a State’s submis- 25 328 •HR 6800 EH sion of its request, or such other timeframe as is mutually 1 agreed to with the State. 2 (f) CONTINUATION OF SECRETARIAL AUTHORITY 3 UNDER DECLARED EMERGENCY.—This section does not 4 restrict the Secretary of Health and Human Services from 5 exercising existing flexibilities through demonstration 6 projects operated pursuant to section 1115 of the Social 7 Security Act (42 U.S.C. 1315) in conjunction with the 8 COVID–19 public health emergency. 9 (g) RULE OF CONSTRUCTION.—Nothing in this sec- 10 tion shall authorize the Secretary of Health and Human 11 Service to approve or extend a waiver that fails to meet 12 the requirements of section 1115 of the Social Security 13 Act (42 U.S.C. 1315). 14 SEC. 30110. ALLOWING FOR MEDICAL ASSISTANCE UNDER 15 MEDICAID FOR INMATES DURING 30-DAY PE- 16 RIOD PRECEDING RELEASE. 17 (a) IN GENERAL.—The subdivision (A) following 18 paragraph (30) of section 1905(a) of the Social Security 19 Act (42 U.S.C. 1396d(a)) is amended by inserting ‘‘and 20 except during the 30-day period preceding the date of re- 21 lease of such individual from such public institution’’ after 22 ‘‘medical institution’’. 23 (b) REPORT.—Not later than June 30, 2022, the 24 Medicaid and CHIP Payment and Access Commission 25 329 •HR 6800 EH shall submit a report to Congress on the Medicaid inmate 1 exclusion under the subdivision (A) following paragraph 2 (30) of section 1905(a) of the Social Security Act (42 3 U.S.C. 1396d(a)). Such report may, to the extent prac- 4 ticable, include the following information: 5 (1) The number of incarcerated individuals who 6 would otherwise be eligible to enroll for medical as- 7 sistance under a State plan approved under title 8 XIX of the Social Security Act (42 U.S.C. 1396 et 9 seq.) (or a waiver of such a plan). 10 (2) Access to health care for incarcerated indi- 11 viduals, including a description of medical services 12 generally available to incarcerated individuals. 13 (3) A description of current practices related to 14 the discharge of incarcerated individuals, including 15 how prisons interact with State Medicaid agencies to 16 ensure that such individuals who are eligible to en- 17 roll for medical assistance under a State plan or 18 waiver described in paragraph (1) are so enrolled. 19 (4) If determined appropriate by the Commis- 20 sion, recommendations for Congress, the Depart- 21 ment of Health and Human Services, or States re- 22 garding the Medicaid inmate exclusion. 23 (5) Any other information that the Commission 24 determines would be useful to Congress. 25 330 •HR 6800 EH SEC. 30111. MEDICAID COVERAGE OF CERTAIN MEDICAL 1 TRANSPORTATION. 2 (a) CONTINUING REQUIREMENT OF MEDICAID COV- 3 ERAGE OF NECESSARY TRANSPORTATION.— 4 (1) REQUIREMENT.—Section 1902(a)(4) of the 5 Social Security Act (42 U.S.C. 1396a(a)(4)) is 6 amended— 7 (A) by striking ‘‘and including provision 8 for utilization’’ and inserting ‘‘including provi- 9 sion for utilization’’; and 10 (B) by inserting after ‘‘supervision of ad- 11 ministration of the plan’’ the following: ‘‘, and, 12 subject to section 1903(i), including a specifica- 13 tion that the single State agency described in 14 paragraph (5) will ensure necessary transpor- 15 tation for beneficiaries under the State plan to 16 and from providers and a description of the 17 methods that such agency will use to ensure 18 such transportation’’. 19 (2) APPLICATION WITH RESPECT TO BENCH- 20 MARK BENEFIT PACKAGES AND BENCHMARK EQUIV- 21 ALENT COVERAGE.—Section 1937(a)(1) of the Social 22 Security Act (42 U.S.C. 1396u–7(a)(1)) is amend- 23 ed— 24 331 •HR 6800 EH (A) in subparagraph (A), by striking ‘‘sub- 1 section (E)’’ and inserting ‘‘subparagraphs (E) 2 and (F)’’; and 3 (B) by adding at the end the following new 4 subparagraph: 5 ‘‘(F) NECESSARY TRANSPORTATION.—The 6 State may only exercise the option under sub- 7 paragraph (A)(i) if, subject to section 8 1903(i)(9) and in accordance with section 9 1902(a)(4), the benchmark benefit package or 10 benchmark equivalent coverage described in 11 such subparagraph (or the State)— 12 ‘‘(i) ensures necessary transportation 13 for individuals enrolled under such package 14 or coverage to and from providers; and 15 ‘‘(ii) provides a description of the 16 methods that will be used to ensure such 17 transportation.’’. 18 (3) LIMITATION ON FEDERAL FINANCIAL PAR- 19 TICIPATION.—Section 1903(i) of the Social Security 20 Act (42 U.S.C. 1396b(i)) is amended by inserting 21 after paragraph (8) the following new paragraph: 22 ‘‘(9) with respect to any amount expended 23 for non-emergency transportation described in 24 section 1902(a)(4), unless the State plan pro- 25 332 •HR 6800 EH vides for the methods and procedures required 1 under section 1902(a)(30)(A); or’’. 2 (4) EFFECTIVE DATE.—The amendments made 3 by this subsection shall take effect on the date of the 4 enactment of this Act and shall apply to transpor- 5 tation furnished on or after such date. 6 (b) MEDICAID PROGRAM INTEGRITY MEASURES RE- 7 LATED TO COVERAGE OF NONEMERGENCY MEDICAL 8 TRANSPORTATION.— 9 (1) GAO STUDY.—Not later than two years 10 after the date of the enactment of this Act, the 11 Comptroller General of the United States shall con- 12 duct a study, and submit to Congress, a report on 13 coverage under the Medicaid program under title 14 XIX of the Social Security Act of nonemergency 15 transportation to medically necessary services. Such 16 study shall take into account the 2009 report of the 17 Office of the Inspector General of the Department of 18 Health and Human Services, titled ‘‘Fraud and 19 Abuse Safeguards for Medicaid Nonemergency Med- 20 ical Transportation’’ (OEI–06–07–003200). Such 21 report shall include the following: 22 (A) An examination of the 50 States and 23 the District of Columbia to identify safeguards 24 to prevent and detect fraud and abuse with re- 25 333 •HR 6800 EH spect to coverage under the Medicaid program 1 of nonemergency transportation to medically 2 necessary services. 3 (B) An examination of transportation bro- 4 kers to identify the range of safeguards against 5 such fraud and abuse to prevent improper pay- 6 ments for such transportation. 7 (C) Identification of the numbers, types, 8 and outcomes of instances of fraud and abuse, 9 with respect to coverage under the Medicaid 10 program of such transportation, that State 11 Medicaid Fraud Control Units have investigated 12 in recent years. 13 (D) Identification of commonalities or 14 trends in program integrity, with respect to 15 such coverage, to inform risk management 16 strategies of States and the Centers for Medi- 17 care & Medicaid Services. 18 (2) STAKEHOLDER WORKING GROUP.— 19 (A) IN GENERAL.—Not later than one year 20 after the date of the enactment of this Act, the 21 Secretary of Health and Human Services, 22 through the Centers of Medicare & Medicaid 23 Services, shall convene a series of meetings to 24 obtain input from appropriate stakeholders to 25 334 •HR 6800 EH facilitate discussion and shared learning about 1 the leading practices for improving Medicaid 2 program integrity, with respect to coverage of 3 nonemergency transportation to medically nec- 4 essary services. 5 (B) TOPICS.—The meetings convened 6 under subparagraph (A) shall— 7 (i) focus on ongoing challenges to 8 Medicaid program integrity as well as lead- 9 ing practices to address such challenges; 10 and 11 (ii) address specific challenges raised 12 by stakeholders involved in coverage under 13 the Medicaid program of nonemergency 14 transportation to medically necessary serv- 15 ices, including unique considerations for 16 specific groups of Medicaid beneficiaries 17 meriting particular attention, such as 18 American Indians and tribal land issues or 19 accommodations for individuals with dis- 20 abilities. 21 (C) STAKEHOLDERS.—Stakeholders de- 22 scribed in subparagraph (A) shall include indi- 23 viduals from State Medicaid programs, brokers 24 for nonemergency transportation to medically 25 335 •HR 6800 EH necessary services that meet the criteria de- 1 scribed in section 1902(a)(70)(B) of the Social 2 Security Act (42 U.S.C. 1396a(a)(70)(B)), pro- 3 viders (including transportation network compa- 4 nies), Medicaid patient advocates, and such 5 other individuals specified by the Secretary. 6 (3) GUIDANCE REVIEW.—Not later than 18 7 months after the date of the enactment of this Act, 8 the Secretary of Health and Human Services, 9 through the Centers for Medicare & Medicaid Serv- 10 ices, shall assess guidance issued to States by the 11 Centers for Medicare & Medicaid Services relating to 12 Federal requirements for nonemergency transpor- 13 tation to medically necessary services under the 14 Medicaid program under title XIX of the Social Se- 15 curity Act and update such guidance as necessary to 16 ensure States have appropriate and current guidance 17 in designing and administering coverage under the 18 Medicaid program of nonemergency transportation 19 to medically necessary services. 20 (4) NEMT TRANSPORTATION PROVIDER AND 21 DRIVER REQUIREMENTS.— 22 (A) STATE PLAN REQUIREMENT.—Section 23 1902(a) of the Social Security Act (42 U.S.C. 24 1396a(a)) is amended— 25 336 •HR 6800 EH (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 25 337 •HR 6800 EH ‘‘(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 25 338 •HR 6800 EH 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. 23 339 •HR 6800 EH TITLE II—MEDICARE 1 PROVISIONS 2 SEC. 30201. HOLDING MEDICARE BENEFICIARIES HARM- 3 LESS FOR SPECIFIED COVID–19 TREATMENT 4 SERVICES FURNISHED UNDER PART A OR 5 PART B OF THE MEDICARE PROGRAM. 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 24 340 •HR 6800 EH (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– 25 341 •HR 6800 EH 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. 25 342 •HR 6800 EH (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 24 343 •HR 6800 EH 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 SEC. 30202. ENSURING COMMUNICATIONS ACCESSIBILITY 19 FOR RESIDENTS OF SKILLED NURSING FA- 20 CILITIES DURING THE COVID–19 EMERGENCY 21 PERIOD. 22 (a) IN GENERAL.—Section 1819(c)(3) of the Social 23 Security Act (42 U.S.C. 1395i–3(c)(3)) is amended— 24 344 •HR 6800 EH (1) in subparagraph (D), by striking ‘‘and’’ at 1 the end; 2 (2) in subparagraph (E), by striking the period 3 and inserting ‘‘; and’’; and 4 (3) by adding at the end the following new sub- 5 paragraph: 6 ‘‘(F) provide for reasonable access to the 7 use of a telephone, including TTY and TDD 8 services (as defined for purposes of section 9 483.10 of title 42, Code of Federal Regulations 10 (or a successor regulation)), and the internet 11 (to the extent available to the facility) and in- 12 form each such resident (or a representative of 13 such resident) of such access and any changes 14 in policies or procedures of such facility relating 15 to limitations on external visitors.’’. 16 (b) COVID–19 PROVISIONS.— 17 (1) GUIDANCE.—Not later than 15 days after 18 the date of the enactment of this Act, the Secretary 19 of Health and Human Service shall issue guidance 20 on steps skilled nursing facilities may take to ensure 21 residents have access to televisitation during the 22 emergency period defined in section 1135(g)(1)(B) 23 of the Social Security Act (42 U.S.C. 1320b– 24 5(g)(1)(B)). Such guidance shall include information 25 345 •HR 6800 EH on how such facilities will notify residents of such 1 facilities, representatives of such residents, and rel- 2 atives of such residents of the rights of such resi- 3 dents to such televisitation, and ensure timely and 4 equitable access to such televisitation. 5 (2) REVIEW OF FACILITIES.—The Secretary of 6 Health and Human Services shall take such steps as 7 determined appropriate by the Secretary to ensure 8 that residents of skilled nursing facilities and rel- 9 atives of such residents are made aware of the ac- 10 cess rights described in section 1819(c)(3)(F) of the 11 Social Security Act (42 U.S.C. 1395i–3(c)(3)(F)). 12 SEC. 30203. MEDICARE HOSPITAL INPATIENT PROSPECTIVE 13 PAYMENT SYSTEM OUTLIER PAYMENTS FOR 14 COVID–19 PATIENTS DURING CERTAIN EMER- 15 GENCY PERIOD. 16 (a) IN GENERAL.—Section 1886(d)(5)(A) of the So- 17 cial Security Act (42 U.S.C. 1395ww(d)(5)(A)) is amend- 18 ed— 19 (1) in clause (ii), by striking ‘‘For cases’’ and 20 inserting ‘‘Subject to clause (vii), for cases’’; 21 (2) in clause (iii), by striking ‘‘The amount’’ 22 and inserting ‘‘Subject to clause (vii), the amount’’; 23 346 •HR 6800 EH (3) in clause (iv), by striking ‘‘The total 1 amount’’ and inserting ‘‘Subject to clause (vii), the 2 total amount’’; and 3 (4) by adding at the end the following new 4 clause: 5 ‘‘(vii) For discharges that have a primary or sec- 6 ondary diagnosis of COVID–19 and that occur during the 7 period beginning on the date of the enactment of this 8 clause and ending on the sooner of January 31, 2021, or 9 the last day of the emergency period described in section 10 1135(g)(1)(B), the amount of any additional payment 11 under clause (ii) for a subsection (d) hospital for such a 12 discharge shall be determined as if— 13 ‘‘(I) clause (ii) was amended by striking ‘plus 14 a fixed dollar amount determined by the Secretary’; 15 ‘‘(II) the reference in clause (iii) to ‘approxi- 16 mate the marginal cost of care beyond the cutoff 17 point applicable under clause (i) or (ii)’ were a ref- 18 erence to ‘approximate the marginal cost of care be- 19 yond the cutoff point applicable under clause (i), or, 20 in the case of an additional payment requested 21 under clause (ii), be equal to 100 percent of the 22 amount by which the costs of the discharge for 23 which such additional payment is so requested ex- 24 347 •HR 6800 EH ceed the applicable DRG prospective payment rate’; 1 and 2 ‘‘(III) clause (iv) does not apply.’’. 3 (b) EXCLUSION FROM REDUCTION IN AVERAGE 4 STANDARDIZED AMOUNTS PAYABLE TO HOSPITALS LO- 5 CATED IN CERTAIN AREAS.—Section 1886(d)(3)(B) of 6 the Social Security Act (42 U.S.C. 1395ww(d)(3)(B)) is 7 amended by inserting before the period the following: ‘‘, 8 other than additional payments described in clause (vii) 9 of such paragraph’’. 10 (c) IMPLEMENTATION.—Notwithstanding any other 11 provision of law, the Secretary of Health and Human 12 Services may implement the amendments made by this 13 section by program instruction or otherwise. 14 SEC. 30204. COVERAGE OF TREATMENTS FOR COVID–19 AT 15 NO COST SHARING UNDER THE MEDICARE 16 ADVANTAGE PROGRAM. 17 (a) IN GENERAL.—Section 1852(a)(1)(B) of the So- 18 cial Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is 19 amended by adding at the end the following new clause: 20 ‘‘(vii) SPECIAL COVERAGE RULES FOR 21 SPECIFIED COVID–19 TREATMENT SERV- 22 ICES.—Notwithstanding clause (i), in the 23 case of a specified COVID–19 treatment 24 service (as defined in section 30201(b) of 25 348 •HR 6800 EH The Heroes Act) that is furnished during 1 a plan year occurring during any portion 2 of the emergency period defined in section 3 1135(g)(1)(B) beginning on or after the 4 date of the enactment of this clause, a 5 Medicare Advantage plan may not, with re- 6 spect to such service, impose— 7 ‘‘(I) any cost-sharing require- 8 ment (including a deductible, copay- 9 ment, or coinsurance requirement); 10 and 11 ‘‘(II) in the case such service is a 12 critical specified COVID–19 treat- 13 ment service (including ventilator 14 services and intensive care unit serv- 15 ices), any prior authorization or other 16 utilization management requirement. 17 A Medicare Advantage plan may not take 18 the application of this clause into account 19 for purposes of a bid amount submitted by 20 such plan under section 1854(a)(6).’’. 21 (b) IMPLEMENTATION.—Notwithstanding any other 22 provision of law, the Secretary of Health and Human 23 Services may implement the amendments made by this 24 section by program instruction or otherwise. 25 349 •HR 6800 EH SEC. 30205. REQUIRING COVERAGE UNDER MEDICARE 1 PDPS AND MA–PD PLANS, WITHOUT THE IM- 2 POSITION OF COST SHARING OR UTILIZA- 3 TION MANAGEMENT REQUIREMENTS, OF 4 DRUGS INTENDED TO TREAT COVID–19 DUR- 5 ING CERTAIN EMERGENCIES. 6 (a) COVERAGE REQUIREMENT.— 7 (1) IN GENERAL.—Section 1860D–4(b)(3) of 8 the Social Security Act (42 U.S.C. 1395w– 9 104(b)(3)) is amended by adding at the end the fol- 10 lowing new subparagraph: 11 ‘‘(I) REQUIRED INCLUSION OF DRUGS IN- 12 TENDED TO TREAT COVID–19.— 13 ‘‘(i) IN GENERAL.—Notwithstanding 14 any other provision of law, a PDP sponsor 15 offering a prescription drug plan shall, 16 with respect to a plan year, any portion of 17 which occurs during the period described 18 in clause (ii), be required to— 19 ‘‘(I) include in any formulary— 20 ‘‘(aa) all covered part D 21 drugs with a medically accepted 22 indication (as defined in section 23 1860D–2(e)(4)) to treat COVID– 24 19 that are marketed in the 25 United States; and 26 350 •HR 6800 EH ‘‘(bb) all drugs authorized 1 under section 564 or 564A of the 2 Federal Food, Drug, and Cos- 3 metic Act to treat COVID–19; 4 and 5 ‘‘(II) not impose any prior au- 6 thorization or other utilization man- 7 agement requirement with respect to 8 such drugs described in item (aa) or 9 (bb) of subclause (I) (other than such 10 a requirement that limits the quantity 11 of drugs due to safety). 12 ‘‘(ii) PERIOD DESCRIBED.—For pur- 13 poses of clause (i), the period described in 14 this clause is the period during which there 15 exists the public health emergency declared 16 by the Secretary pursuant to section 319 17 of the Public Health Service Act on Janu- 18 ary 31, 2020, entitled ‘Determination that 19 a Public Health Emergency Exists Nation- 20 wide as the Result of the 2019 Novel 21 Coronavirus’ (including any renewal of 22 such declaration pursuant to such sec- 23 tion).’’. 24 (b) ELIMINATION OF COST SHARING.— 25 351 •HR 6800 EH (1) ELIMINATION OF COST-SHARING FOR 1 DRUGS INTENDED TO TREAT COVID–19 UNDER 2 STANDARD AND ALTERNATIVE PRESCRIPTION DRUG 3 COVERAGE.—Section 1860D–2 of the Social Security 4 Act (42 U.S.C. 1395w–102) is amended— 5 (A) in subsection (b)— 6 (i) in paragraph (1)(A), by striking 7 ‘‘The coverage’’ and inserting ‘‘Subject to 8 paragraph (8), the coverage’’; 9 (ii) in paragraph (2)— 10 (I) in subparagraph (A), by in- 11 serting after ‘‘Subject to subpara- 12 graphs (C) and (D)’’ the following: 13 ‘‘and paragraph (8)’’; 14 (II) in subparagraph (C)(i), by 15 striking ‘‘paragraph (4)’’ and insert- 16 ing ‘‘paragraphs (4) and (8)’’; and 17 (III) in subparagraph (D)(i), by 18 striking ‘‘paragraph (4)’’ and insert- 19 ing ‘‘paragraphs (4) and (8)’’; 20 (iii) in paragraph (4)(A)(i), by strik- 21 ing ‘‘The coverage’’ and inserting ‘‘Subject 22 to paragraph (8), the coverage’’; and 23 (iv) by adding at the end the following 24 new paragraph: 25 352 •HR 6800 EH ‘‘(8) ELIMINATION OF COST-SHARING FOR 1 DRUGS INTENDED TO TREAT COVID–19.—The cov- 2 erage does not impose any deductible, copayment, 3 coinsurance, or other cost-sharing requirement for 4 drugs described in section 1860D–4(b)(3)(I)(i)(I) 5 with respect to a plan year, any portion of which oc- 6 curs during the period during which there exists the 7 public health emergency declared by the Secretary 8 pursuant to section 319 of the Public Health Service 9 Act on January 31, 2020, entitled ‘Determination 10 that a Public Health Emergency Exists Nationwide 11 as the Result of the 2019 Novel Coronavirus’ (in- 12 cluding any renewal of such declaration pursuant to 13 such section).’’; and 14 (B) in subsection (c), by adding at the end 15 the following new paragraph: 16 ‘‘(4) SAME ELIMINATION OF COST-SHARING FOR 17 DRUGS INTENDED TO TREAT COVID–19.—The cov- 18 erage is in accordance with subsection (b)(8).’’. 19 (2) ELIMINATION OF COST-SHARING FOR 20 DRUGS INTENDED TO TREAT COVID–19 DISPENSED 21 TO INDIVIDUALS WHO ARE SUBSIDY ELIGIBLE INDI- 22 VIDUALS.—Section 1860D–14(a) of the Social Secu- 23 rity Act (42 U.S.C. 1395w–114(a)) is amended— 24 (A) in paragraph (1)— 25 353 •HR 6800 EH (i) in subparagraph (D)— 1 (I) in clause (ii), by striking ‘‘In 2 the case of’’ and inserting ‘‘Subject to 3 subparagraph (F), in the case of’’; 4 and 5 (II) in clause (iii), by striking 6 ‘‘In the case of’’ and inserting ‘‘Sub- 7 ject to subparagraph (F), in the case 8 of’’; and 9 (ii) by adding at the end the following 10 new subparagraph: 11 ‘‘(F) ELIMINATION OF COST-SHARING FOR 12 DRUGS INTENDED TO TREAT COVID–19.—Cov- 13 erage that is in accordance with section 14 1860D–2(b)(8).’’; and 15 (B) in paragraph (2)— 16 (i) in subparagraph (B), by striking 17 ‘‘A reduction’’ and inserting ‘‘Subject to 18 subparagraph (F), a reduction’’; 19 (ii) in subparagraph (D), by striking 20 ‘‘The substitution’’ and inserting ‘‘Subject 21 to subparagraph (F), the substitution’’; 22 (iii) in subparagraph (E), by inserting 23 after ‘‘Subject to’’ the following: ‘‘subpara- 24 graph (F) and’’; and 25 354 •HR 6800 EH (iv) by adding at the end the following 1 new subparagraph: 2 ‘‘(F) ELIMINATION OF COST-SHARING FOR 3 DRUGS INTENDED TO TREAT COVID–19.—Cov- 4 erage that is in accordance with section 5 1860D–2(b)(8).’’. 6 (c) 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 SEC. 30206. MODIFYING THE ACCELERATED AND ADVANCE 11 PAYMENT PROGRAMS UNDER PARTS A AND B 12 OF THE MEDICARE PROGRAM DURING THE 13 COVID–19 EMERGENCY. 14 (a) SPECIAL REPAYMENT RULES.— 15 (1) PART A.—Section 1815(f)(2)(C) of the So- 16 cial Security Act (42 U.S.C. 1395g(f)(2)(C)) is 17 amended to read as follows: 18 ‘‘(C) In the case of an accelerated payment 19 made under the program under subsection (e)(3) on 20 or after the date of the enactment of the CARES 21 Act and so made during the emergency period de- 22 scribed in section 1135(g)(1)(B)— 23 355 •HR 6800 EH ‘‘(i) such payment shall be treated as if 1 such payment were made from the General 2 Fund of the Treasury; and 3 ‘‘(ii) upon request of the hospital, the Sec- 4 retary shall— 5 ‘‘(I) provide up to 1 year before 6 claims are offset to recoup such payment; 7 ‘‘(II) provide that any such offset of a 8 claim to recoup such payment shall not ex- 9 ceed 25 percent of the amount of such 10 claim; and 11 ‘‘(III) allow not less than 2 years 12 from the date of the first accelerated pay- 13 ment before requiring that the outstanding 14 balance be paid in full.’’. 15 (2) PART B.—In carrying out the program de- 16 scribed in section 421.214 of title 42, Code of Fed- 17 eral Regulations (or any successor regulation), in the 18 case of a payment made under such program on or 19 after the date of the enactment of the CARES Act 20 (Public Law 116–136) and so made during the 21 emergency period described in section 1135(g)(1)(B) 22 of the Social Security Act (42 U.S.C. 1320b– 23 5(g)(1)(B)), the Secretary of Health and Human 24 Services shall— 25 356 •HR 6800 EH (A) treat such payment as if such payment 1 were made from the General Fund of the 2 Treasury; and 3 (B) upon request of the entity receiving 4 such payment— 5 (i) provide up to 1 year before claims 6 are offset to recoup such payment; 7 (ii) provide that any such offset of a 8 claim to recoup such payment shall not ex- 9 ceed 25 percent of the amount of such 10 claim; and 11 (iii) allow not less than 2 years from 12 the date of the first advance payment be- 13 fore requiring that the outstanding balance 14 be paid in full. 15 (b) INTEREST RATES.— 16 (1) PART A.—Section 1815(d) of the Social Se- 17 curity Act (42 U.S.C. 1395g(d)) is amended by in- 18 serting before the period at the end the following: 19 ‘‘(or, in the case of such a determination made with 20 respect to a payment made on or after the date of 21 the enactment of the CARES Act and during the 22 emergency period described in section 1135(g)(1)(B) 23 under the program under subsection (e)(3), at a rate 24 of 1 percent)’’. 25 357 •HR 6800 EH (2) PART B.—Section 1833(j) of the Social Se- 1 curity Act (42 U.S.C. 1395l(j)) is amended by in- 2 serting before the period at the end the following: 3 ‘‘(or, in the case of such a determination made with 4 respect to a payment made on or after the date of 5 the enactment of the CARES Act and during the 6 emergency period described in section 1135(g)(1)(B) 7 under the program described in section 421.214 of 8 title 42, Code of Federal Regulations (or any suc- 9 cessor regulation), at a rate of 1 percent)’’. 10 (c) REPORT.— 11 (1) REPORTS DURING COVID–19 EMERGENCY.— 12 Not later than 2 weeks after the date of the enact- 13 ment of this section, and every 2 weeks thereafter 14 during the emergency period described in section 15 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 16 1320b–5(g)(1)(B)), the Secretary of Health and 17 Human Services shall submit to the Committee on 18 Ways and Means and the Committee on Energy and 19 Commerce of the House of Representatives, and the 20 Committee on Finance of the Senate, a report that 21 includes the following: 22 (A) The total amount of payments made 23 under section 1815(e)(3) of the Social Security 24 Act (42 U.S.C. 1395g(e)(3)) and under the pro- 25 358 •HR 6800 EH gram described in section 421.214 of title 42, 1 Code of Federal Regulations (or any successor 2 regulation) during the most recent 2-week pe- 3 riod for which data is available that precedes 4 the date of the submission of such report. 5 (B) The number of entities receiving such 6 payments during such period. 7 (C) A specification of each such entity. 8 (2) REPORTS AFTER COVID–19 EMERGENCY.— 9 (A) IN GENERAL.—Not later than 6 10 months after the termination of the emergency 11 period described in paragraph (1), and every 6 12 months thereafter until all specified payments 13 (as defined in subparagraph (B)) have been re- 14 couped or repaid, the Secretary of Health and 15 Human Services shall submit to 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 Finance of the 19 Senate, a report that includes the following: 20 (i) The total amount of all specified 21 payments for which claims have been offset 22 to recoup such payment or the balance has 23 been repaid. 24 359 •HR 6800 EH (ii) The amount of interest that has 1 accrued with respect to all specified pay- 2 ments. 3 (B) SPECIFIED PAYMENTS.—For purposes 4 of subparagraph (A), the term ‘‘specified pay- 5 ments’’ means all payments made under section 6 1815(e)(3) of the Social Security Act (42 7 U.S.C. 1395g(e)(3)) or under the program de- 8 scribed in section 421.214 of title 42, Code of 9 Federal Regulations (or any successor regula- 10 tion) made on or after the date of the enact- 11 ment of the CARES Act (Public Law 116–136) 12 during the emergency period described in such 13 subparagraph. 14 SEC. 30207. MEDICARE SPECIAL ENROLLMENT PERIOD FOR 15 INDIVIDUALS RESIDING IN COVID–19 EMER- 16 GENCY AREAS. 17 (a) IN GENERAL.—Section 1837(i) of the Social Se- 18 curity Act (42 U.S.C. 1395p(i)) is amended by adding at 19 the end the following new paragraph: 20 ‘‘(5)(A) In the case of an individual who— 21 ‘‘(i) is eligible under section 1836 to enroll 22 in the medical insurance program established by 23 this part, 24 360 •HR 6800 EH ‘‘(ii) did not enroll (or elected not to be 1 deemed enrolled) under this section during an 2 enrollment period, and 3 ‘‘(iii) during the emergency period (as de- 4 scribed in section 1135(g)(1)(B)), resided in an 5 emergency area (as described in such section), 6 there shall be a special enrollment period de- 7 scribed in subparagraph (B). 8 ‘‘(B) The special enrollment period re- 9 ferred to in subparagraph (A) is the period that 10 begins not later than July 1, 2020, and ends on 11 the last day of the month in which the emer- 12 gency period (as described in section 13 1135(g)(1)(B)) ends.’’. 14 (b) COVERAGE PERIOD FOR INDIVIDUALS 15 TRANSITIONING FROM OTHER COVERAGE.—Section 16 1838(e) of the Social Security Act (42 U.S.C. 1395q(e)) 17 is amended— 18 (1) by striking ‘‘pursuant to section 1837(i)(3) 19 or 1837(i)(4)(B)—’’ and inserting the following: 20 ‘‘pursuant to— 21 ‘‘(1) section 1837(i)(3) or 1837(i)(4)(B)—’’; 22 (2) by redesignating paragraphs (1) and (2) as 23 subparagraphs (A) and (B), respectively, and mov- 24 361 •HR 6800 EH ing the indentation of each such subparagraph 2 1 ems to the right; 2 (3) by striking the period at the end of the sub- 3 paragraph (B), as so redesignated, and inserting ‘‘; 4 or’’; and 5 (4) by adding at the end the following new 6 paragraph: 7 ‘‘(2) section 1837(i)(5), the coverage period 8 shall begin on the first day of the month following 9 the month in which the individual so enrolls.’’. 10 (c) FUNDING.—The Secretary of Health and Human 11 Services shall provide for the transfer from the Federal 12 Hospital Insurance Trust Fund (as described in section 13 1817 of the Social Security Act (42 U.S.C. 1395i)) and 14 the Federal Supplementary Medical Insurance Trust 15 Fund (as described in section 1841 of such Act (42 U.S.C. 16 1395t)), in such proportions as determined appropriate by 17 the Secretary, to the Social Security Administration, of 18 $30,000,000, to remain available until expended, for pur- 19 poses of carrying out the amendments made by this sec- 20 tion. 21 (d) IMPLEMENTATION.—Notwithstanding any other 22 provision of law, the Secretary of Health and Human 23 Services may implement the amendments made by this 24 section by program instruction or otherwise. 25 362 •HR 6800 EH SEC. 30208. COVID–19 SKILLED NURSING FACILITY PAY- 1 MENT INCENTIVE PROGRAM. 2 (a) IN GENERAL.—Section 1819 of the Social Secu- 3 rity Act (42 U.S.C. 1395i–3) is amended by adding at the 4 end the following new subsection: 5 ‘‘(k) COVID–19 DESIGNATION PROGRAM.— 6 ‘‘(1) IN GENERAL.—Not later than 2 weeks 7 after the date of the enactment of this subsection, 8 the Secretary shall establish a program under which 9 a skilled nursing facility that makes an election de- 10 scribed in paragraph (2)(A) and meets the require- 11 ments described in paragraph (2)(B) is designated 12 (or a portion of such facility is so designated) as a 13 COVID–19 treatment center and receives incentive 14 payments under section 1888(e)(13). 15 ‘‘(2) DESIGNATION.— 16 ‘‘(A) IN GENERAL.—A skilled nursing fa- 17 cility may elect to be designated (or to have a 18 portion of such facility designated) as a 19 COVID–19 treatment center under the program 20 established under paragraph (1) if the facility 21 submits to the Secretary, at a time and in a 22 manner specified by the Secretary, an applica- 23 tion for such designation that contains such in- 24 formation as required by the Secretary and 25 363 •HR 6800 EH demonstrates that such facility meets the re- 1 quirements described in subparagraph (B). 2 ‘‘(B) REQUIREMENTS.—The requirements 3 described in this subparagraph with respect to 4 a skilled nursing facility are the following: 5 ‘‘(i) The facility has a star rating with 6 respect to staffing of 4 or 5 on the Nurs- 7 ing Home Compare website (as described 8 in subsection (i)) and has maintained such 9 a rating on such website during the 2-year 10 period ending on the date of the submis- 11 sion of the application described in sub- 12 paragraph (A). 13 ‘‘(ii) The facility has a star rating of 14 4 or 5 with respect to health inspections on 15 such website and has maintained such a 16 rating on such website during such period. 17 ‘‘(iii) During such period, the Sec- 18 retary or a State has not found a defi- 19 ciency with such facility relating to infec- 20 tion control that the Secretary or State de- 21 termined immediately jeopardized the 22 health or safety of the residents of such fa- 23 cility (as described in paragraph (1) or 24 (2)(A) of subsection (h), as applicable). 25 364 •HR 6800 EH ‘‘(iv) The facility provides care at 1 such facility (or, in the case of an election 2 made with respect to a portion of such fa- 3 cility, to provide care in such portion of 4 such facility) only to eligible individuals. 5 ‘‘(v) The facility arranges for and 6 transfers all residents of such facility (or 7 such portion of such facility, as applicable) 8 who are not eligible individuals to other 9 skilled nursing facilities (or other portions 10 of such facility, as applicable). 11 ‘‘(vi) The facility complies with the 12 notice requirement described in paragraph 13 (4). 14 ‘‘(vii) The facility meets the reporting 15 requirement described in paragraph (5). 16 ‘‘(viii) Any other requirement deter- 17 mined appropriate by the Secretary. 18 ‘‘(3) DURATION OF DESIGNATION.— 19 ‘‘(A) IN GENERAL.—A designation of a 20 skilled nursing facility (or portion of such facil- 21 ity) as a COVID–19 treatment center shall 22 begin on a date specified by the Secretary and 23 end upon the earliest of the following: 24 365 •HR 6800 EH ‘‘(i) The revocation of such designa- 1 tion under subparagraph (B). 2 ‘‘(ii) The submission of a notification 3 by such facility to the Secretary that such 4 facility elects to terminate such designa- 5 tion. 6 ‘‘(iii) The termination of the program 7 (as specified in paragraph (6)). 8 ‘‘(B) REVOCATION.—The Secretary may 9 revoke the designation of a skilled nursing facil- 10 ity (or portion of such facility) as a COVID–19 11 treatment center if the Secretary determines 12 that the facility is no longer in compliance with 13 a requirement described in paragraph (2)(B). 14 ‘‘(4) RESIDENT NOTICE REQUIREMENT.—For 15 purposes of paragraph (2)(B)(vi), the notice require- 16 ment described in this paragraph is that, not later 17 than 72 hours before the date specified by the Sec- 18 retary under paragraph (3)(A) with respect to the 19 designation of a skilled nursing facility (or portion 20 of such facility) as a COVID–19 treatment center, 21 the facility provides a notification to each resident of 22 such facility (and to appropriate representatives or 23 family members of each such resident, as specified 24 by the Secretary) that contains the following: 25 366 •HR 6800 EH ‘‘(A) Notice of such designation. 1 ‘‘(B) In the case such resident is not an el- 2 igible individual (and, in the case such designa- 3 tion is made only with respect to a portion of 4 such facility, resides in such portion of such fa- 5 cility)— 6 ‘‘(i) a specification of when and where 7 such resident will be transferred (or moved 8 within such facility); 9 ‘‘(ii) an explanation that, in lieu of 10 such transfer or move, such resident may 11 arrange for transfer to such other setting 12 (including a home) selected by the resi- 13 dent; and 14 ‘‘(iii) if such resident so arranges to 15 be transferred to a home, information on 16 Internet resources for caregivers who elect 17 to care for such resident at home. 18 ‘‘(C) Contact information for the State 19 long-term care ombudsman (established under 20 section 307(a)(12) of the Older Americans Act 21 of 1965) for the applicable State. 22 ‘‘(5) REPORTING REQUIREMENT.— 23 ‘‘(A) IN GENERAL.—For purposes of para- 24 graph (2)(B)(vii), the reporting requirement de- 25 367 •HR 6800 EH scribed in this paragraph is, with respect to a 1 skilled nursing facility, that the facility reports 2 to the Secretary, weekly and in such manner 3 specified by the Secretary, the following (but 4 only to the extent the information described in 5 clauses (i) through (vii) is not otherwise re- 6 ported to the Secretary weekly): 7 ‘‘(i) The number of COVID–19 re- 8 lated deaths at such facility. 9 ‘‘(ii) The number of discharges from 10 such facility. 11 ‘‘(iii) The number of admissions to 12 such facility. 13 ‘‘(iv) The number of beds occupied 14 and the number of beds available at such 15 facility. 16 ‘‘(v) The number of residents on a 17 ventilator at such facility. 18 ‘‘(vi) The number of clinical and non- 19 clinical staff providing direct patient care 20 at such facility. 21 ‘‘(vii) Such other information deter- 22 mined appropriate by the Secretary. 23 ‘‘(B) NONAPPLICATION OF PAPERWORK 24 REDUCTION ACT.—Chapter 35 of title 44, 25 368 •HR 6800 EH United States Code (commonly known as the 1 ‘Paperwork Reduction Act’), shall not apply to 2 the collection of information under this para- 3 graph. 4 ‘‘(6) DEFINITION.—For purposes of this sub- 5 section, the term ‘eligible individual’ means an indi- 6 vidual who, during the 30-day period ending on the 7 first day on which such individual is a resident of a 8 COVID–19 treatment center (on or after the date 9 such center is so designated), was furnished a test 10 for COVID–19 that came back positive. 11 ‘‘(7) TERMINATION.—The program established 12 under paragraph (1) shall terminate upon the termi- 13 nation of the emergency period described in section 14 1135(g)(1)(B). 15 ‘‘(8) PROHIBITION ON ADMINISTRATIVE AND 16 JUDICIAL REVIEW.—There shall be no administrative 17 or judicial review under section 1869, 1878, or oth- 18 erwise of a designation of a skilled nursing facility 19 (or portion of such facility) as a COVID–19 treat- 20 ment center, or revocation of such a designation, 21 under this subsection.’’. 22 (b) PAYMENT INCENTIVE.—Section 1888(e) of the 23 Social Security Act (42 U.S.C. 1395yy(e)) is amended— 24 369 •HR 6800 EH (1) in paragraph (1), in the matter preceding 1 subparagraph (A), by striking ‘‘and (12)’’ and in- 2 serting ‘‘(12), and (13)’’; and 3 (2) by adding at the end the following new 4 paragraph: 5 ‘‘(13) ADJUSTMENT FOR COVID–19 TREATMENT 6 CENTERS.—In the case of a resident of a skilled 7 nursing facility that has been designated as a 8 COVID–19 treatment center under section 1819(k) 9 (or in the case of a resident who resides in a portion 10 of such facility that has been so designated), if such 11 resident is an eligible individual (as defined in para- 12 graph (5) of such section), the per diem amount of 13 payment for such resident otherwise applicable shall 14 be increased by 20 percent to reflect increased costs 15 associated with such residents.’’. 16 SEC. 30209. FUNDING FOR STATE STRIKE TEAMS FOR RESI- 17 DENT AND EMPLOYEE SAFETY IN SKILLED 18 NURSING FACILITIES AND NURSING FACILI- 19 TIES. 20 (a) IN GENERAL.—Of the amounts made available 21 under subsection (c), the Secretary of Health and Human 22 Services (referred to in this section as the ‘‘Secretary’’) 23 shall allocate such amounts among the States, in a man- 24 ner that takes into account the percentage of skilled nurs- 25 370 •HR 6800 EH ing facilities and nursing facilities in each State that have 1 residents or employees who have been diagnosed with 2 COVID–19, for purposes of establishing and implementing 3 strike teams in accordance with subsection (b). 4 (b) USE OF FUNDS.—A State that receives funds 5 under this section shall use such funds to establish and 6 implement a strike team that will be deployed to a skilled 7 nursing facility or nursing facility in the State with diag- 8 nosed or suspected cases of COVID–19 among residents 9 or staff for the purposes of assisting with clinical care, 10 infection control, or staffing. 11 (c) AUTHORIZATION OF APPROPRIATIONS.—For pur- 12 poses of carrying out this section, there is authorized to 13 be appropriated $500,000,000. 14 (d) DEFINITIONS.—In this section: 15 (1) NURSING FACILITY.—The term ‘‘nursing 16 facility’’ has the meaning given such term in section 17 1919(a) of the Social Security Act (42 U.S.C. 18 1396r(a)). 19 (2) SKILLED NURSING FACILITY.—The term 20 ‘‘skilled nursing facility’’ has the meaning given such 21 term in section 1819(a) of the Social Security Act 22 (42 U.S.C. 1395i–3(a)). 23 371 •HR 6800 EH SEC. 30210. PROVIDING FOR INFECTION CONTROL SUP- 1 PORT TO SKILLED NURSING FACILITIES 2 THROUGH CONTRACTS WITH QUALITY IM- 3 PROVEMENT ORGANIZATIONS. 4 (a) IN GENERAL.—Section 1862(g) of the Social Se- 5 curity Act (42 U.S.C. 1395y(g)) is amended— 6 (1) by striking ‘‘The Secretary’’ and inserting 7 ‘‘(1) The Secretary’’; and 8 (2) by adding at the end the following new 9 paragraph: 10 ‘‘(2)(A) The Secretary shall ensure that at least 1 11 contract with a quality improvement organization de- 12 scribed in paragraph (1) entered into on or after the date 13 of the enactment of this paragraph and before the end 14 of the emergency period described in section 15 1135(g)(1)(B) (or in effect as of such date) includes the 16 requirement that such organization provide to skilled 17 nursing facilities with cases of COVID–19 (or facilities at- 18 tempting to prevent outbreaks of COVID–19) infection 19 control support described in subparagraph (B) during 20 such period. 21 ‘‘(B) For purposes of subparagraph (A), the infection 22 control support described in this subparagraph is, with re- 23 spect to skilled nursing facilities described in such sub- 24 paragraph, the development and dissemination to such fa- 25 cilities of protocols relating to the prevention or mitigation 26 372 •HR 6800 EH of COVID–19 at such facilities and the provision of train- 1 ing materials to such facilities relating to such prevention 2 or mitigation.’’. 3 (b) FUNDING.—The Secretary of Health and Human 4 Services shall provide for the transfer from the Federal 5 Supplementary Medical Insurance Trust Fund (as de- 6 scribed in section 1841 of the Social Security Act (42 7 U.S.C. 1395t)) and the Federal Hospital Insurance Trust 8 Fund (as described in section 1817 of such Act (42 U.S.C. 9 1395i)), in such proportions as determined appropriate by 10 the Secretary, to the Centers for Medicare & Medicaid 11 Services Program Management Account, of $210,000,000, 12 to remain available until expended, for purposes of enter- 13 ing into contracts with quality improvement organizations 14 under part B of title XI of such Act (42 U.S.C. 1320c 15 et seq.). Of the amount transferred pursuant to the pre- 16 vious sentence, not less that $110,000,000 shall be used 17 for purposes of entering into such a contract that includes 18 the requirement described in section 1862(g)(2)(A) of 19 such Act (as added by subsection (a)). 20 SEC. 30211. REQUIRING LONG TERM CARE FACILITIES TO 21 REPORT CERTAIN INFORMATION RELATING 22 TO COVID–19 CASES AND DEATHS. 23 (a) IN GENERAL.—The Secretary of Health and 24 Human Services (in this section referred to as the ‘‘Sec- 25 373 •HR 6800 EH retary’’) shall, as soon as practicable, require that the in- 1 formation described in paragraph (1) of section 483.80(g) 2 of title 42, Code of Federal Regulations, or a successor 3 regulation, be reported by a facility (as defined for pur- 4 poses of such section). 5 (b) DEMOGRAPHIC INFORMATION.—The Secretary 6 shall post the following information with respect to skilled 7 nursing facilities (as defined in section 1819(a) of the So- 8 cial Security Act (42 U.S.C. 1395i–3(a))) and nursing fa- 9 cilities (as defined in section 1919(a) of such Act (42 10 U.S.C. 1396r(a))) on the Nursing Home Compare website 11 (as described in section 1819(i) of the Social Security Act 12 (42 U.S.C. 1395i–3(i))), or a successor website, aggre- 13 gated by State: 14 (1) The age, race/ethnicity, and preferred lan- 15 guage of the residents of such skilled nursing facili- 16 ties and nursing facilities with suspected or con- 17 firmed COVID–19 infections, including residents 18 previously treated for COVID–19. 19 (2) The age, race/ethnicity, and preferred lan- 20 guage relating to total deaths and COVID–19 21 deaths among residents of such skilled nursing facili- 22 ties and nursing facilities. 23 (c) CONFIDENTIALITY.—Any information reported 24 under this section that is made available to the public shall 25 374 •HR 6800 EH be made so available in a manner that protects the identity 1 of residents of skilled nursing facilities and nursing facili- 2 ties. 3 (d) IMPLEMENTATION.—The Secretary may imple- 4 ment the provisions of this section be program instruction 5 or otherwise. 6 SEC. 30212. FLOOR ON THE MEDICARE AREA WAGE INDEX 7 FOR HOSPITALS IN ALL-URBAN STATES. 8 (a) IN GENERAL.—Section 1886(d)(3)(E) of the So- 9 cial Security Act (42 U.S.C. 1395ww(d)(3)(E)) is amend- 10 ed— 11 (1) in clause (i), in the first sentence, by strik- 12 ing ‘‘or (iii)’’ and inserting ‘‘, (iii), or (iv)’’; and 13 (2) by adding at the end the following new 14 clause: 15 ‘‘(iv) FLOOR ON AREA WAGE INDEX 16 FOR HOSPITALS IN ALL-URBAN STATES.— 17 ‘‘(I) IN GENERAL.—For dis- 18 charges occurring on or after October 19 1, 2021, the area wage index applica- 20 ble under this subparagraph to any 21 hospital in an all-urban State (as de- 22 fined in subclause (IV)) may not be 23 less than the minimum area wage 24 index for the fiscal year for hospitals 25 375 •HR 6800 EH in that State, as established under 1 subclause (II). 2 ‘‘(II) MINIMUM AREA WAGE 3 INDEX.—For purposes of subclause 4 (I), the Secretary shall establish a 5 minimum area wage index for a fiscal 6 year for hospitals in each all-urban 7 State using the methodology described 8 in section 412.64(h)(4) of title 42, 9 Code of Federal Regulations, as in ef- 10 fect for fiscal year 2018. 11 ‘‘(III) WAIVING BUDGET NEU- 12 TRALITY.—Pursuant to the fifth sen- 13 tence of clause (i), this subsection 14 shall not be applied in a budget neu- 15 tral manner. 16 ‘‘(IV) ALL-URBAN STATE DE- 17 FINED.—In this clause, the term ‘all- 18 urban State’ means a State in which 19 there are no rural areas (as defined in 20 paragraph (2)(D)) or a State in which 21 there are no hospitals classified as 22 rural under this section.’’. 23 (b) WAIVING BUDGET NEUTRALITY.— 24 376 •HR 6800 EH (1) TECHNICAL AMENDATORY CORRECTION.— 1 Section 10324(a)(2) of Public Law 111–148 is 2 amended by striking ‘‘third sentence’’ and inserting 3 ‘‘fifth sentence’’. 4 (2) WAIVER.—Section 1886(d)(3)(E)(i) of the 5 Social Security Act (42 U.S.C. 1395ww(d)(3)(E)(i)) 6 is amended, in the fifth sentence— 7 (A) by striking ‘‘and the amendments’’ and 8 inserting ‘‘, the amendments’’; and 9 (B) by inserting ‘‘, and the amendments 10 made by section 30212 of The Heroes Act’’ 11 after ‘‘Care Act’’. 12 SEC. 30213. RISK CORRIDOR PROGRAM FOR MEDICARE AD- 13 VANTAGE PLANS. 14 (a) IN GENERAL.—Section 1853 of the Social Secu- 15 rity Act (42 U.S.C. 1395w–23) is amended by adding at 16 the end the following new subsection: 17 ‘‘(p) RISK CORRIDOR PROGRAM DURING THE 18 COVID–19 EMERGENCY.— 19 ‘‘(1) IN GENERAL.—The Secretary shall estab- 20 lish and administer a program of risk corridors for 21 each plan year, any portion of which occurs during 22 the emergency period defined in section 23 1135(g)(1)(B), under which the Secretary shall 24 make payments to MA organizations offering a 25 377 •HR 6800 EH Medicare Advantage plan based on the ratio of the 1 allowable costs of the plan to the aggregate pre- 2 miums of the plan. 3 ‘‘(2) PAYMENT METHODOLOGY.—The Secretary 4 shall provide under the program established under 5 paragraph (1) that if the allowable costs for a Medi- 6 care Advantage plan for any plan year are more 7 than 105 percent of the target amount, the Sec- 8 retary shall pay to the plan an amount equal to 75 9 percent of the allowable costs in excess of 105 per- 10 cent of the target amount. 11 ‘‘(3) TIMING.— 12 ‘‘(A) SUBMISSION OF INFORMATION BY 13 PLANS.—With respect to a plan year for which 14 the program described in paragraph (1) is es- 15 tablished and administered, not later than July 16 1 of the succeeding plan year each MA organi- 17 zation offering a Medicare Advantage plan shall 18 submit to the Secretary such information as the 19 Secretary may require for purposes of carrying 20 out such program. 21 ‘‘(B) PAYMENT.—The Secretary shall pay 22 to an MA organization offering a Medicare Ad- 23 vantage plan eligible to receive a payment under 24 the program with respect to a plan year the 25 378 •HR 6800 EH amount provided under paragraph (2) for such 1 plan year not later than 60 days after such or- 2 ganization submits information with respect to 3 such plan and plan year under subparagraph 4 (A). 5 ‘‘(4) DEFINITIONS.— 6 ‘‘(A) ALLOWABLE COSTS.—The amount of 7 allowable costs of a MA organization offering a 8 Medicare Advantage plan for a plan year is an 9 amount equal to the total costs (other than ad- 10 ministrative costs) of such plan in providing 11 benefits covered by such plan, but only to the 12 extent that such costs are incurred with respect 13 to such benefits for items and services that are 14 benefits under the original medicare fee-for- 15 service program option. 16 ‘‘(B) TARGET AMOUNT.—The target 17 amount described in this paragraph is, with re- 18 spect to a Medicare Advantage plan and a plan 19 year, the total amount of payments paid to the 20 MA organization for the plan for benefits under 21 the original medicare fee-for-service program 22 option for the plan year, taking into account 23 amounts paid by the Secretary and enrollees, 24 based upon the bid amount submitted under 25 379 •HR 6800 EH section 1854, reduced by the total amount of 1 administrative expenses for the year assumed in 2 such bid. 3 ‘‘(5) FUNDING.—There are appropriated to the 4 Centers for Medicare & Medicaid Services Program 5 Management Account, out of any monies in the 6 Treasury not otherwise obligated, such sums as may 7 be necessary for purposes of carrying out this sub- 8 section.’’. 9 (b) IMPLEMENTATION.—Notwithstanding any other 10 provision of law, the Secretary of Health and Human 11 Service may implement the amendments made by this sec- 12 tion by program instruction or otherwise. 13 SEC. 30214. RELIEF FOR SMALL RURAL HOSPITALS FROM 14 INACCURATE INSTRUCTIONS PROVIDED BY 15 CERTAIN MEDICARE ADMINISTRATIVE CON- 16 TRACTORS. 17 Section 1886(d)(5) of the Social Security Act (42 18 U.S.C. 1395ww(d)(5)) is amended by adding at the end 19 the following new subparagraph: 20 ‘‘(N)(i) Subject to clause (ii), in the case of a sole 21 community hospital or a medicare-dependent, small rural 22 hospital with respect to which a medicare administrative 23 contractor initially determined and paid a volume decrease 24 adjustment under subparagraph (D)(ii) or (G)(iii) for a 25 380 •HR 6800 EH specified cost reporting period, at the election of the hos- 1 pital, the Secretary of Health and Human Services shall 2 replace the volume decrease adjustment subsequently de- 3 termined for that specified cost reporting period by the 4 medicare administrative contractor with the volume de- 5 crease adjustment initially determined and paid by the 6 medicare administrative contractor for that specified cost 7 reporting period. 8 ‘‘(ii)(I) Clause (i) shall not apply in the case of a sole 9 community hospital or a medicare-dependent, small rural 10 hospital for which the medicare administrative contractor 11 determination of the volume decrease adjustment with re- 12 spect to a specified cost reporting period of the hospital 13 is administratively final before the date that is three years 14 before the date of the enactment of this section. 15 ‘‘(II) For purposes of subclause (I), the date on which 16 the medicare administrative contractor determination with 17 respect to a volume decrease adjustment for a specified 18 cost reporting period is administratively final is the latest 19 of the following: 20 ‘‘(aa) The date of the contractor determination 21 (as defined in section 405.1801 of title 42, Code of 22 Federal Regulations). 23 ‘‘(bb) The date of the final outcome of any re- 24 opening of the medicare administrative contractor 25 381 •HR 6800 EH determination under section 405.1885 of title 42, 1 Code of Federal Regulations. 2 ‘‘(cc) The date of the final outcome of the final 3 appeal filed by such hospital with respect to such 4 volume decrease adjustment for such specified cost 5 reporting period. 6 ‘‘(iii) For purposes of this subparagraph, the term 7 ‘specified cost reporting period’ means a cost reporting pe- 8 riod of a sole community hospital or a medicare-depend- 9 ent, small rural hospital, as the case may be, that begins 10 during a fiscal year before fiscal year 2018.’’. 11 SEC. 30215. DEEMING CERTAIN HOSPITALS TO BE LOCATED 12 IN AN URBAN AREA FOR PURPOSES OF PAY- 13 MENT FOR INPATIENT HOSPITAL SERVICES 14 UNDER THE MEDICARE PROGRAM. 15 Section 1886(d)(10) of the Social Security Act (42 16 U.S.C. 1395ww(d)(10)) is amended by adding at the end 17 the following new subparagraph: 18 ‘‘(G)(i) For purposes of payment under this sub- 19 section for discharges occurring during the 3-year period 20 beginning on October 1, 2020, each hospital located in Al- 21 bany, Saratoga, Schenectady, Montgomery, or Rensselaer 22 County of New York shall be deemed to be located in the 23 large urban area of Hartford-West Hartford-East of Hart- 24 ford, Connecticut (CBSA 25540). 25 382 •HR 6800 EH ‘‘(ii) Any deemed location of a hospital pursuant to 1 clause (i) shall be treated as a decision of the Medicare 2 Geographic Classification Review Board for purposes of 3 paragraph (8)(D).’’. 4 TITLE III—PRIVATE INSURANCE 5 PROVISIONS 6 Subtitle A—Health Plans 7 SEC. 30301. SPECIAL ENROLLMENT PERIOD THROUGH EX- 8 CHANGES; FEDERAL EXCHANGE OUTREACH 9 AND EDUCATIONAL ACTIVITIES. 10 (a) SPECIAL ENROLLMENT PERIOD THROUGH EX- 11 CHANGES.—Section 1311(c) of the Patient Protection and 12 Affordable Care Act (42 U.S.C. 18031(c)) is amended— 13 (1) in paragraph (6)— 14 (A) in subparagraph (C), by striking at the 15 end ‘‘and’’; 16 (B) in subparagraph (D), by striking at 17 the end the period and inserting ‘‘; and’’; and 18 (C) by adding at the end the following new 19 subparagraph: 20 ‘‘(E) subject to subparagraph (B) of para- 21 graph (8), the special enrollment period de- 22 scribed in subparagraph (A) of such para- 23 graph.’’; and 24 383 •HR 6800 EH (2) by adding at the end the following new 1 paragraph: 2 ‘‘(8) SPECIAL ENROLLMENT PERIOD FOR CER- 3 TAIN PUBLIC HEALTH EMERGENCY.— 4 ‘‘(A) IN GENERAL.—The Secretary shall, 5 subject to subparagraph (B), require an Ex- 6 change to provide— 7 ‘‘(i) for a special enrollment period 8 during the emergency period described in 9 section 1135(g)(1)(B) of the Social Secu- 10 rity Act— 11 ‘‘(I) which shall begin on the 12 date that is one week after the date of 13 the enactment of this paragraph and 14 which, in the case of an Exchange es- 15 tablished or operated by the Secretary 16 within a State pursuant to section 17 1321(c), shall be an 8-week period; 18 and 19 ‘‘(II) during which any individual 20 who is otherwise eligible to enroll in a 21 qualified health plan through the Ex- 22 change may enroll in such a qualified 23 health plan; and 24 384 •HR 6800 EH ‘‘(ii) that, in the case of an individual 1 who enrolls in a qualified health plan 2 through the Exchange during such enroll- 3 ment period, the coverage period under 4 such plan shall begin, at the option of the 5 individual, on April 1, 2020, or on the first 6 day of the month following the day the in- 7 dividual selects a plan through such special 8 enrollment period. 9 ‘‘(B) EXCEPTION.—The requirement of 10 subparagraph (A) shall not apply to a State-op- 11 erated or State-established Exchange if such 12 Exchange, prior to the date of the enactment of 13 this paragraph, established or otherwise pro- 14 vided for a special enrollment period to address 15 access to coverage under qualified health plans 16 offered through such Exchange during the 17 emergency period described in section 18 1135(g)(1)(B) of the Social Security Act.’’. 19 (b) FEDERAL EXCHANGE OUTREACH AND EDU- 20 CATIONAL ACTIVITIES.—Section 1321(c) of the Patient 21 Protection and Affordable Care Act (42 U.S.C. 18041(c)) 22 is amended by adding at the end the following new para- 23 graph: 24 385 •HR 6800 EH ‘‘(3) OUTREACH AND EDUCATIONAL ACTIVI- 1 TIES.— 2 ‘‘(A) IN GENERAL.—In the case of an Ex- 3 change established or operated by the Secretary 4 within a State pursuant to this subsection, the 5 Secretary shall carry out outreach and edu- 6 cational activities for purposes of informing po- 7 tential enrollees in qualified health plans offered 8 through the Exchange of the availability of cov- 9 erage under such plans and financial assistance 10 for coverage under such plans. Such outreach 11 and educational activities shall be provided in a 12 manner that is culturally and linguistically ap- 13 propriate to the needs of the populations being 14 served by the Exchange (including hard-to- 15 reach populations, such as racial and sexual mi- 16 norities, limited English proficient populations, 17 and young adults). 18 ‘‘(B) LIMITATION ON USE OF FUNDS.—No 19 funds appropriated under this paragraph shall 20 be used for expenditures for promoting non- 21 ACA compliant health insurance coverage. 22 ‘‘(C) NON-ACA COMPLIANT HEALTH IN- 23 SURANCE COVERAGE.—For purposes of sub- 24 paragraph (B): 25 386 •HR 6800 EH ‘‘(i) The term ‘non-ACA compliant 1 health insurance coverage’ means health 2 insurance coverage, or a group health plan, 3 that is not a qualified health plan. 4 ‘‘(ii) Such term includes the following: 5 ‘‘(I) An association health plan. 6 ‘‘(II) Short-term limited duration 7 insurance. 8 ‘‘(D) FUNDING.—There are appropriated, 9 out of any funds in the Treasury not otherwise 10 appropriated, $25,000,000, to remain available 11 until expended— 12 ‘‘(i) to carry out this paragraph; 13 and— 14 ‘‘(ii) at the discretion of the Sec- 15 retary, to carry out section 1311(i), with 16 respect to an Exchange established or op- 17 erated by the Secretary within a State pur- 18 suant to this subsection.’’. 19 (c) IMPLEMENTATION.—The Secretary of Health and 20 Human Services may implement the provisions of (includ- 21 ing amendments made by) this section through subregu- 22 latory guidance, program instruction, or otherwise. 23 387 •HR 6800 EH SEC. 30302. EXPEDITED MEETING OF ACIP FOR COVID–19 1 VACCINES. 2 (a) IN GENERAL.—Notwithstanding section 3091 of 3 the 21st Century Cures Act (21 U.S.C. 360bbb–4 note), 4 the Advisory Committee on Immunization Practices shall 5 meet and issue a recommendation with respect to a vac- 6 cine that is intended to prevent or treat COVID–19 not 7 later than 15 business days after the date on which such 8 vaccine is licensed under section 351 of the Public Health 9 Service Act (42 U.S.C. 262). 10 (b) DEFINITION.—In this section, the term ‘‘Advisory 11 Committee on Immunization Practices’’ means the Advi- 12 sory Committee on Immunization Practices established by 13 the Secretary of Health and Human Services pursuant to 14 section 222 of the Public Health Service Act (42 U.S.C. 15 217a), acting through the Director of the Centers for Dis- 16 ease Control and Prevention. 17 SEC. 30303. COVERAGE OF COVID–19 RELATED TREATMENT 18 AT NO COST SHARING. 19 (a) IN GENERAL.—A group health plan and a health 20 insurance issuer offering group or individual health insur- 21 ance coverage (including a grandfathered health plan (as 22 defined in section 1251(e) of the Patient Protection and 23 Affordable Care Act)) shall provide coverage, and shall not 24 impose any cost sharing (including deductibles, copay- 25 ments, and coinsurance) requirements, for the following 26 388 •HR 6800 EH items and services furnished during any portion of the 1 emergency period defined in paragraph (1)(B) of section 2 1135(g) of the Social Security Act (42 U.S.C. 1320b– 3 5(g)) beginning on or after the date of the enactment of 4 this Act: 5 (1) 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 has been diagnosed with (or 9 after provision of the items and services is diagnosed 10 with) COVID–19 to treat or mitigate the effects of 11 COVID–19. 12 (2) Medically necessary items and services (in- 13 cluding in-person or telehealth visits in which such 14 items and services are furnished) that are furnished 15 to an individual who is presumed to have COVID– 16 19 but is never diagnosed as such, if the following 17 conditions are met: 18 (A) Such items and services are furnished 19 to the individual to treat or mitigate the effects 20 of COVID–19 or to mitigate the impact of 21 COVID–19 on society. 22 (B) Health care providers have taken ap- 23 propriate steps under the circumstances to 24 make a diagnosis, or confirm whether a diag- 25 389 •HR 6800 EH nosis was made, with respect to such individual, 1 for COVID–19, if possible. 2 (b) ITEMS AND SERVICES RELATED TO COVID– 3 19.—For purposes of this section— 4 (1) not later than one week after the date of 5 the enactment of this section, the Secretary of 6 Health and Human Services, Secretary of Labor, 7 and Secretary of the Treasury shall jointly issue 8 guidance specifying applicable diagnoses and medi- 9 cally necessary items and services related to 10 COVID–19; and 11 (2) such items and services shall include all 12 items or services that are relevant to the treatment 13 or mitigation of COVID–19, regardless of whether 14 such items or services are ordinarily covered under 15 the terms of a group health plan or group or indi- 16 vidual health insurance coverage offered by a health 17 insurance issuer. 18 (c) ENFORCEMENT.— 19 (1) APPLICATION WITH RESPECT TO PHSA, 20 ERISA, AND IRC.—The provisions of this section 21 shall be applied by the Secretary of Health and 22 Human Services, Secretary of Labor, and Secretary 23 of the Treasury to group health plans and health in- 24 surance issuers offering group or individual health 25 390 •HR 6800 EH insurance coverage as if included in the provisions of 1 part A of title XXVII of the Public Health Service 2 Act, part 7 of the Employee Retirement Income Se- 3 curity Act of 1974, and subchapter B of chapter 100 4 of the Internal Revenue Code of 1986, as applicable. 5 (2) PRIVATE RIGHT OF ACTION.—An individual 6 with respect to whom an action is taken by a group 7 health plan or health insurance issuer offering group 8 or individual health insurance coverage in violation 9 of subsection (a) may commence a civil action 10 against the plan or issuer for appropriate relief. The 11 previous sentence shall not be construed as limiting 12 any enforcement mechanism otherwise applicable 13 pursuant to paragraph (1). 14 (d) IMPLEMENTATION.—The Secretary of Health and 15 Human Services, Secretary of Labor, and Secretary of the 16 Treasury may implement the provisions of this section 17 through sub-regulatory guidance, program instruction or 18 otherwise. 19 (e) TERMS.—The terms ‘‘group health plan’’; ‘‘health 20 insurance issuer’’; ‘‘group health insurance coverage’’, and 21 ‘‘individual health insurance coverage’’ have the meanings 22 given such terms in section 2791 of the Public Health 23 Service Act (42 U.S.C. 300gg–91), section 733 of the Em- 24 ployee Retirement Income Security Act of 1974 (29 25 391 •HR 6800 EH U.S.C. 1191b), and section 9832 of the Internal Revenue 1 Code of 1986, as applicable. 2 SEC. 30304. REQUIRING PRESCRIPTION DRUG REFILL NOTI- 3 FICATIONS DURING EMERGENCIES. 4 (a) ERISA.— 5 (1) IN GENERAL.—Subpart B of part 7 of sub- 6 title B of title I of the Employee Retirement Income 7 Security Act of 1974 (29 U.S.C. 1185 et seq.) is 8 amended by adding at the end the following new sec- 9 tion: 10 ‘‘SEC. 716. PROVISION OF PRESCRIPTION DRUG REFILL NO- 11 TIFICATIONS DURING EMERGENCIES. 12 ‘‘(a) IN GENERAL.—A group health plan, and a 13 health insurance issuer offering health insurance coverage 14 in connection with a group health plan, that provides bene- 15 fits for prescription drugs under such plan or such cov- 16 erage shall provide to each participant or beneficiary 17 under such plan or such coverage who resides in an emer- 18 gency area during an emergency period— 19 ‘‘(1) not later than 5 business days after the 20 date of the beginning of such period with respect to 21 such area (or, the case of the emergency period de- 22 scribed in section 30304(d)(2) of The Heroes Act, 23 not later than 5 business days after the date of the 24 enactment of this section), a notification (written in 25 392 •HR 6800 EH a manner that is clear and understandable to the av- 1 erage participant or beneficiary)— 2 ‘‘(A) of whether such plan or coverage will 3 waive, during such period with respect to such 4 a participant or beneficiary, any time restric- 5 tions under such plan or coverage on any au- 6 thorized refills for such drugs to enable such re- 7 fills in advance of when such refills would oth- 8 erwise have been permitted under such plan or 9 coverage; and 10 ‘‘(B) in the case that such plan or coverage 11 will waive such restrictions during such period 12 with respect to such a participant or bene- 13 ficiary, that contains information on how such 14 a participant or beneficiary may obtain such a 15 refill; and 16 ‘‘(2) in the case such plan or coverage elects to 17 so waive such restrictions during such period with 18 respect to such a participant or beneficiary after the 19 notification described in paragraph (1) has been pro- 20 vided with respect to such period, not later than 5 21 business days after such election, a notification of 22 such election that contains the information described 23 in subparagraph (B) of such paragraph. 24 393 •HR 6800 EH ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For 1 purposes of this section, an ‘emergency area’ is a geo- 2 graphical area in which, and an ‘emergency period’ is the 3 period during which, there exists— 4 ‘‘(1) an emergency or disaster declared by the 5 President pursuant to the National Emergencies Act 6 or the Robert T. Stafford Disaster Relief and Emer- 7 gency Assistance Act; and 8 ‘‘(2) a public health emergency declared by the 9 Secretary pursuant to section 319 of the Public 10 Health Service Act.’’. 11 (2) CLERICAL AMENDMENT.—The table of con- 12 tents of the Employee Retirement Income Security 13 Act of 1974 is amended by inserting after the item 14 relating to section 714 the following: 15 ‘‘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 16 the Public Health Service Act (42 U.S.C. 300gg–11 et 17 seq.) is amended by adding at the end the following new 18 section: 19 ‘‘SEC. 2730. PROVISION OF PRESCRIPTION DRUG REFILL 20 NOTIFICATIONS DURING EMERGENCIES. 21 ‘‘(a) IN GENERAL.—A group health plan, and a 22 health insurance issuer offering group or individual health 23 insurance coverage, that provides benefits for prescription 24 394 •HR 6800 EH drugs under such plan or such coverage shall provide to 1 each participant, beneficiary, or enrollee enrolled under 2 such plan or such coverage who resides in an emergency 3 area during an emergency period— 4 ‘‘(1) not later than 5 business days after the 5 date of the beginning of such period with respect to 6 such area (or, the case of the emergency period de- 7 scribed in section 30304(d)(2) of The Heroes Act, 8 not later than 5 business days after the date of the 9 enactment of this section), a notification (written in 10 a manner that is clear and understandable to the av- 11 erage participant, beneficiary, or enrollee)— 12 ‘‘(A) of whether such plan or coverage will 13 waive, during such period with respect to such 14 a participant, beneficiary, or enrollee, any time 15 restrictions under such plan or coverage on any 16 authorized refills for such drugs to enable such 17 refills in advance of when such refills would 18 otherwise have been permitted under such plan 19 or coverage; and 20 ‘‘(B) in the case that such plan or coverage 21 will waive such restrictions during such period 22 with respect to such a participant, beneficiary, 23 or enrollee, that contains information on how 24 395 •HR 6800 EH such a participant, beneficiary, or enrollee may 1 obtain such a refill; and 2 ‘‘(2) in the case such plan or coverage elects to 3 so waive such restrictions during such period with 4 respect to such a participant, beneficiary, or enrollee 5 after the notification described in paragraph (1) has 6 been provided with respect to such period, not later 7 than 5 business days after such election, a notifica- 8 tion of such election that contains the information 9 described in subparagraph (B) of such paragraph. 10 ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For 11 purposes of this section, an ‘emergency area’ is a geo- 12 graphical area in which, and an ‘emergency period’ is the 13 period during which, there exists— 14 ‘‘(1) an emergency or disaster declared by the 15 President pursuant to the National Emergencies Act 16 or the Robert T. Stafford Disaster Relief and Emer- 17 gency Assistance Act; and 18 ‘‘(2) a public health emergency declared by the 19 Secretary pursuant to section 319.’’. 20 (c) IRC.— 21 (1) IN GENERAL.—Subchapter B of chapter 22 100 of the Internal Revenue Code of 1986 is amend- 23 ed by adding at the end the following new section: 24 396 •HR 6800 EH ‘‘SEC. 9816. PROVISION OF PRESCRIPTION DRUG REFILL 1 NOTIFICATIONS DURING EMERGENCIES. 2 ‘‘(a) IN GENERAL.—A group health plan that pro- 3 vides benefits for prescription drugs under such plan shall 4 provide to each participant or beneficiary enrolled under 5 such plan who resides in an emergency area during an 6 emergency period, not later than 5 business days after the 7 date of the beginning of such period with respect to such 8 area (or, the case of the emergency period described in 9 section 30304(d)(2) of The Heroes Act, not later than 5 10 business days after the date of the enactment of this sec- 11 tion)— 12 ‘‘(1) a notification (written in a manner that is 13 clear and understandable to the average participant 14 or beneficiary)— 15 ‘‘(A) of whether such plan will waive, dur- 16 ing such period with respect to such a partici- 17 pant or beneficiary, any time restrictions under 18 such plan on any authorized refills for such 19 drugs to enable such refills in advance of when 20 such refills would otherwise have been per- 21 mitted under such plan; and 22 ‘‘(B) in the case that such plan will waive 23 such restrictions during such period with re- 24 spect to such a participant or beneficiary, that 25 397 •HR 6800 EH contains information on how such a participant 1 or beneficiary may obtain such a refill; and 2 ‘‘(2) in the case such plan elects to so waive 3 such restrictions during such period with respect to 4 such a participant or beneficiary after the notifica- 5 tion described in paragraph (1) has been provided 6 with respect to such period, not later than 5 busi- 7 ness days after such election, a notification of such 8 election that contains the information described in 9 subparagraph (B) of such paragraph. 10 ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For 11 purposes of this section, an ‘emergency area’ is a geo- 12 graphical area in which, and an ‘emergency period’ is the 13 period during which, there exists— 14 ‘‘(1) an emergency or disaster declared by the 15 President pursuant to the National Emergencies Act 16 or the Robert T. Stafford Disaster Relief and Emer- 17 gency Assistance Act; and 18 ‘‘(2) a public health emergency declared by the 19 Secretary pursuant to section 319 of the Public 20 Health Service Act.’’. 21 (2) CLERICAL AMENDMENT.—The table of sec- 22 tions for subchapter B of chapter 100 of the Inter- 23 nal Revenue Code of 1986 is amended by adding at 24 the end the following new item: 25 398 •HR 6800 EH ‘‘Sec. 9816. Provision of prescription drug refill notifications during emer- gencies.’’. (d) EFFECTIVE DATE.—The amendments made by 1 this section shall apply with respect to— 2 (1) emergency periods beginning on or after the 3 date of the enactment of this Act; and 4 (2) the emergency period relating to the public 5 health emergency declared by the Secretary of 6 Health and Human Services pursuant to section 319 7 of the Public Health Service Act on January 31, 8 2020, entitled ‘‘Determination that a Public Health 9 Emergency Exists Nationwide as the Result of the 10 2019 Novel Coronavirus’’. 11 SEC. 30305. IMPROVEMENT OF CERTAIN NOTIFICATIONS 12 PROVIDED TO QUALIFIED BENEFICIARIES BY 13 GROUP HEALTH PLANS IN THE CASE OF 14 QUALIFYING EVENTS. 15 (a) EMPLOYEE RETIREMENT INCOME SECURITY ACT 16 OF 1974.— 17 (1) IN GENERAL.—Section 606 of the Employee 18 Retirement Income Security Act of 1974 (29 U.S.C. 19 1166) is amended— 20 (A) in subsection (a)(4), in the matter fol- 21 lowing subparagraph (B), by striking ‘‘under 22 this subsection’’ and inserting ‘‘under this part 23 399 •HR 6800 EH in accordance with the notification requirements 1 under subsection (c)’’; and 2 (B) in subsection (c)— 3 (i) by striking ‘‘For purposes of sub- 4 section (a)(4), any notification’’ and insert- 5 ing ‘‘For purposes of subsection (a)(4)— 6 ‘‘(1) any notification’’; 7 (ii) by striking ‘‘, whichever is applica- 8 ble, and any such notification’’ and insert- 9 ing ‘‘of subsection (a), whichever is appli- 10 cable; 11 ‘‘(2) any such notification’’; and 12 (iii) by striking ‘‘such notification is 13 made’’ and inserting ‘‘such notification is 14 made; and 15 ‘‘(3) any such notification shall, with respect to 16 each qualified beneficiary with respect to whom such 17 notification is made, include information regarding 18 any Exchange established under title I of the Pa- 19 tient Protection and Affordable Care Act through 20 which such a qualified beneficiary may be eligible to 21 enroll in a qualified health plan (as defined in sec- 22 tion 1301 of the Patient Protection and Affordable 23 Care Act), including— 24 400 •HR 6800 EH ‘‘(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 25 401 •HR 6800 EH 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 of the Public 12 Health Service Act; and 13 ‘‘(E) information on the availability of fi- 14 nancial assistance with respect to enrolling in a 15 qualified health plan, including the maximum 16 income limit for eligibility for a premium tax 17 credit under section 36B of the Internal Rev- 18 enue Code of 1986.’’. 19 (2) EFFECTIVE DATE.—The amendments made 20 by paragraph (1) shall apply with respect to quali- 21 fying events occurring on or after the date that is 22 14 days after the date of the enactment of this Act. 23 (b) PUBLIC HEALTH SERVICE ACT.— 24 402 •HR 6800 EH (1) IN GENERAL.—Section 2206 of the Public 1 Health Service Act (42 U.S.C. 300bb–6) is amend- 2 ed— 3 (A) by striking ‘‘In accordance’’ and in- 4 serting the following: 5 ‘‘(a) IN GENERAL.—In accordance’’; 6 (B) by striking ‘‘of such beneficiary’s 7 rights under this subsection’’ and inserting ‘‘of 8 such beneficiary’s rights under this title in ac- 9 cordance with the notification requirements 10 under subsection (b)’’; and 11 (C) by striking ‘‘For purposes of para- 12 graph (4),’’ and all that follows through ‘‘such 13 notification is made.’’ and inserting the fol- 14 lowing: 15 ‘‘(b) RULES RELATING TO NOTIFICATION OF QUALI- 16 FIED BENEFICIARIES BY PLAN ADMINISTRATOR.—For 17 purposes of subsection (a)(4)— 18 ‘‘(1) any notification shall be made within 14 19 days of the date on which the plan administrator is 20 notified under paragraph (2) or (3) of subsection 21 (a), whichever is applicable; 22 ‘‘(2) any such notification to an individual who 23 is a qualified beneficiary as the spouse of the cov- 24 ered employee shall be treated as notification to all 25 403 •HR 6800 EH other qualified beneficiaries residing with such 1 spouse at the time such notification is made; and 2 ‘‘(3) any such notification shall, with respect to 3 each qualified beneficiary with respect to whom such 4 notification is made, include information regarding 5 any Exchange established under title I of the Pa- 6 tient Protection and Affordable Care Act through 7 which such a qualified beneficiary may be eligible to 8 enroll in a qualified health plan (as defined in sec- 9 tion 1301 of the Patient Protection and Affordable 10 Care Act), including— 11 ‘‘(A) the publicly accessible Internet 12 website address for such Exchange; 13 ‘‘(B) the publicly accessible Internet 14 website address for the Find Local Help direc- 15 tory maintained by the Department of Health 16 and Human Services on the healthcare.gov 17 Internet website (or a successor website); 18 ‘‘(C) a clear explanation that— 19 ‘‘(i) an individual who is eligible for 20 continuation coverage may also be eligible 21 to enroll, with financial assistance, in a 22 qualified health plan offered through such 23 Exchange, but, in the case that such indi- 24 vidual elects to enroll in such continuation 25 404 •HR 6800 EH coverage and subsequently elects to termi- 1 nate such continuation coverage before the 2 period of such continuation coverage ex- 3 pires, such individual will not be eligible to 4 enroll in a qualified health plan offered 5 through such Exchange during a special 6 enrollment period; and 7 ‘‘(ii) an individual who elects to enroll 8 in continuation coverage will remain eligi- 9 ble to enroll in a qualified health plan of- 10 fered through such Exchange during an 11 open enrollment period and may be eligible 12 for financial assistance with respect to en- 13 rolling in such a qualified health plan; 14 ‘‘(D) information on consumer protections 15 with respect to enrolling in a qualified health 16 plan offered through such Exchange, including 17 the requirement for such a qualified health plan 18 to provide coverage for essential health benefits 19 (as defined in section 1302(b) of the Patient 20 Protection and Affordable Care Act) and the re- 21 quirements applicable to such a qualified health 22 plan under part A of title XXVII; and 23 ‘‘(E) information on the availability of fi- 24 nancial assistance with respect to enrolling in a 25 405 •HR 6800 EH qualified health plan, including the maximum 1 income limit for eligibility for a premium tax 2 credit under section 36B of the Internal Rev- 3 enue Code of 1986.’’. 4 (2) EFFECTIVE DATE.—The amendments made 5 by paragraph (1) shall apply with respect to quali- 6 fying events occurring on or after the date that is 7 14 days after the date of the enactment of this Act. 8 (c) INTERNAL REVENUE CODE OF 1986.— 9 (1) IN GENERAL.—Section 4980B(f)(6) of the 10 Internal Revenue Code of 1986 is amended— 11 (A) in subparagraph (D)— 12 (i) in clause (ii), by striking ‘‘under 13 subparagraph (C)’’ and inserting ‘‘under 14 clause (iii)’’; and 15 (ii) by redesignating clauses (i) and 16 (ii) as subclauses (I) and (II), respectively, 17 and moving the margin of each such sub- 18 clause, as so redesignated, 2 ems to the 19 right; 20 (B) by redesignating subparagraphs (A) 21 through (D) as clauses (i) through (iv), respec- 22 tively, and moving the margin of each such 23 clause, as so redesignated, 2 ems to the right; 24 406 •HR 6800 EH (C) by striking ‘‘In accordance’’ and in- 1 serting the following: 2 ‘‘(A) IN GENERAL.—In accordance’’; 3 (D) by inserting after ‘‘of such bene- 4 ficiary’s rights under this subsection’’ the fol- 5 lowing: ‘‘in accordance with the notification re- 6 quirements under subparagraph (C)’’; and 7 (E) by striking ‘‘The requirements of sub- 8 paragraph (B)’’ and all that follows through 9 ‘‘such notification is made.’’ and inserting the 10 following: 11 ‘‘(B) ALTERNATIVE MEANS OF COMPLI- 12 ANCE WITH REQUIREMENT FOR NOTIFICATION 13 OF MULTIEMPLOYER PLANS BY EMPLOYERS.— 14 The requirements of subparagraph (A)(ii) shall 15 be considered satisfied in the case of a multiem- 16 ployer plan in connection with a qualifying 17 event described in paragraph (3)(B) if the plan 18 provides that the determination of the occur- 19 rence of such qualifying event will be made by 20 the plan administrator. 21 ‘‘(C) RULES RELATING TO NOTIFICATION 22 OF QUALIFIED BENEFICIARIES BY PLAN ADMIN- 23 ISTRATOR.—For purposes of subparagraph 24 (A)(iv)— 25 407 •HR 6800 EH ‘‘(i) any notification shall be made 1 within 14 days (or, in the case of a group 2 health plan which is a multiemployer plan, 3 such longer period of time as may be pro- 4 vided in the terms of the plan) of the date 5 on which the plan administrator is notified 6 under clause (ii) or (iii) of subparagraph 7 (A), whichever is applicable; 8 ‘‘(ii) any such notification to an indi- 9 vidual who is a qualified beneficiary as the 10 spouse of the covered employee shall be 11 treated as notification to all other qualified 12 beneficiaries residing with such spouse at 13 the time such notification is made; and 14 ‘‘(iii) any such notification shall, with 15 respect to each qualified beneficiary with 16 respect to whom such notification is made, 17 include information regarding any Ex- 18 change established under title I of the Pa- 19 tient Protection and Affordable Care Act 20 through which such a qualified beneficiary 21 may be eligible to enroll in a qualified 22 health plan (as defined in section 1301 of 23 the Patient Protection and Affordable Care 24 Act), including— 25 408 •HR 6800 EH ‘‘(I) the publicly accessible Inter- 1 net website address for such Ex- 2 change; 3 ‘‘(II) the publicly accessible 4 Internet website address for the Find 5 Local Help directory maintained by 6 the Department of Health and 7 Human Services on the healthcare.gov 8 Internet website (or a successor 9 website); 10 ‘‘(III) a clear explanation that— 11 ‘‘(aa) an individual who is 12 eligible for continuation coverage 13 may also be eligible to enroll, 14 with financial assistance, in a 15 qualified health plan offered 16 through such Exchange, but, in 17 the case that such individual 18 elects to enroll in such continu- 19 ation coverage and subsequently 20 elects to terminate such continu- 21 ation coverage before the period 22 of such continuation coverage ex- 23 pires, such individual will not be 24 eligible to enroll in a qualified 25 409 •HR 6800 EH health plan offered through such 1 Exchange during a special enroll- 2 ment period; and 3 ‘‘(bb) an individual who 4 elects to enroll in continuation 5 coverage will remain eligible to 6 enroll in a qualified health plan 7 offered through such Exchange 8 during an open enrollment period 9 and may be eligible for financial 10 assistance with respect to enroll- 11 ing in such a qualified health 12 plan; 13 ‘‘(IV) information on consumer 14 protections with respect to enrolling in 15 a qualified health plan offered 16 through such Exchange, including the 17 requirement for such a qualified 18 health plan to provide coverage for es- 19 sential health benefits (as defined in 20 section 1302(b) of the Patient Protec- 21 tion and Affordable Care Act) and the 22 requirements applicable to such a 23 qualified health plan under part A of 24 410 •HR 6800 EH title XXVII of the Public Health 1 Service Act; and 2 ‘‘(V) information on the avail- 3 ability of financial assistance with re- 4 spect to enrolling in a qualified health 5 plan, including the maximum income 6 limit for eligibility for a premium tax 7 credit under section 36B.’’. 8 (2) EFFECTIVE DATE.—The amendments made 9 by paragraph (1) shall apply with respect to quali- 10 fying events occurring on or after the date that is 11 14 days after the date of the enactment of this Act. 12 (d) MODEL NOTICES.—Not later than 14 days after 13 the date of the enactment of this Act, the Secretary of 14 the Labor, in consultation with the Secretary of the Treas- 15 ury and the Secretary of Health and Human Services, 16 shall— 17 (1) update the model Consolidated Omnibus 18 Budget Reconciliation Act of 1985 (referred to in 19 this subsection as ‘‘COBRA’’) continuation coverage 20 general notice and the model COBRA continuation 21 coverage election notice developed by the Secretary 22 of Labor for purposes of facilitating compliance of 23 group health plans with the notification require- 24 ments under section 606 of the Employee Retire- 25 411 •HR 6800 EH ment Income Security Act of 1974 (29 U.S.C. 1166) 1 to include the information described in paragraph 2 (3) of subsection (c) of such section 606, as added 3 by subsection (a)(1); 4 (2) provide an opportunity for consumer testing 5 of each such notice, as so updated, to ensure that 6 each such notice is clear and understandable to the 7 average participant or beneficiary of a group health 8 plan; and 9 (3) rename the model COBRA continuation 10 coverage general notice and the model COBRA con- 11 tinuation coverage election notice as the ‘‘model 12 COBRA continuation coverage and Affordable Care 13 Act coverage general notice’’ and the ‘‘model 14 COBRA continuation coverage and Affordable Care 15 Act coverage election notice’’, respectively. 16 SEC. 30306. SOONER COVERAGE OF TESTING FOR COVID–19. 17 Section 6001(a) of division F of the Families First 18 Coronavirus Response Act (42 U.S.C. 1320b–5 note) is 19 amended by striking ‘‘beginning on or after’’ and inserting 20 ‘‘beginning before, on, or after’’. 21 412 •HR 6800 EH SEC. 30307. RISK CORRIDOR PROGRAM FOR HEALTH IN- 1 SURANCE COVERAGE OFFERED IN THE INDI- 2 VIDUAL OR SMALL GROUP MARKET. 3 (a) IN GENERAL.—The Secretary of Health and 4 Human Services (in this section referred to as the ‘‘Sec- 5 retary’’) shall establish and administer a program of risk 6 corridors for plan years 2020 and 2021 under which the 7 Secretary shall make payments to health insurance issuers 8 offering health insurance coverage in the individual or 9 small group market based on the ratio of the allowable 10 costs of the coverage to the aggregate premiums of the 11 coverage. 12 (b) PAYMENT METHODOLOGY.—The Secretary shall 13 provide under the program established under subsection 14 (a) that if the allowable costs for a health insurance issuer 15 offering health insurance coverage in the individual or 16 small group market for any plan year are more than 105 17 percent of the target amount, the Secretary shall pay to 18 the issuer an amount equal to 75 percent of the allowable 19 costs in excess of 105 percent of the target amount. 20 (c) INFORMATION COLLECTION.—The Secretary shall 21 establish a process under which information is collected 22 from health insurance issuers offering health insurance 23 coverage in the individual or small group market for pur- 24 poses of carrying out this section. 25 413 •HR 6800 EH (d) NON-APPLICATION.—The provisions of this sec- 1 tion shall not apply with respect to any group or individual 2 health insurance coverage in relation to its provision of 3 excepted benefits described in section 2791(c)(1) of the 4 Public Health Service Act (42 U.S.C. 300gg–91(c)). 5 (e) DEFINITIONS.—In this section: 6 (1) ALLOWABLE COSTS.— 7 (A) IN GENERAL.—The amount of allow- 8 able costs of a health insurance issuer offering 9 health insurance coverage in the individual or 10 small group market for any year is an amount 11 equal to the total costs (other than administra- 12 tive costs) of such issuer in providing benefits 13 covered by such coverage. 14 (B) CERTAIN REDUCTIONS.—Allowable 15 costs shall reduced by any— 16 (i) risk adjustment payments received 17 under section 1343 of the Patient Protec- 18 tion and Affordable Care Act (42 U.S.C. 19 18063); and 20 (ii) reinsurance payments received 21 pursuant to a waiver approved under sec- 22 tion 1332 of such Act (42 U.S.C. 18052). 23 (2) ADDITIONAL TERMS.—The terms ‘‘health 24 insurance issuer’’, ‘‘health insurance coverage’’, ‘‘in- 25 414 •HR 6800 EH dividual market’’, and ‘‘small group market’’ have 1 the meanings given such terms in section 2791 of 2 the Public Health Service Act (42 U.S.C. 300gg– 3 91). 4 (3) TARGET AMOUNT.—The target amount of 5 health insurance coverage offered in the individual 6 or small group market for any year is an amount 7 equal to the total premiums (including any premium 8 subsidies under any governmental program), reduced 9 by the administrative costs of the coverage. 10 (f) TREATMENT FOR MLR.—Payments made under 11 this section with respect to an applicable plan year to a 12 health insurance issuer offering health insurance coverage 13 in the individual or small group market shall for purposes 14 of section 2718(b) of the Public Health Service Act (42 15 U.S.C. 300gg–18(b)) be included in the calculation of the 16 premium revenue with respect to such issuer and year. 17 (g) IMPLEMENTATION.—The Secretary of Health and 18 Human Services may implement the provisions of this sec- 19 tion by subregulatory guidance, program instruction, or 20 otherwise. 21 (h) APPROPRIATION.—There are appropriated, out of 22 any monies in the Treasury not otherwise appropriated, 23 such sums as may be necessary to carry out this section. 24 415 •HR 6800 EH SEC. 30308. RISK CORRIDOR PROGRAM FOR SELF-INSURED 1 GROUP HEALTH PLANS AND HEALTH INSUR- 2 ANCE COVERAGE OFFERED IN THE LARGE 3 GROUP MARKET. 4 (a) IN GENERAL.—The Secretary of Health and 5 Human Services (in this section referred to as the ‘‘Sec- 6 retary’’), in coordination with the Secretary of Labor and 7 the Secretary of the Treasury, shall establish and admin- 8 ister a program of risk corridors for plan years 2020 and 9 2021 under which the Secretary, in coordination with the 10 Secretary of Labor and the Secretary of the Treasury, 11 shall make payments in accordance with subsection (b) to 12 self-insured group health plans and health insurance 13 issuers offering health insurance coverage in the large 14 group market. 15 (b) PAYMENT METHODOLOGY.—The Secretary, in 16 coordination with the Secretary of Labor and the Sec- 17 retary of the Treasury, shall provide under the program 18 established under subsection (a) that if the allowable costs 19 for a self-insured group health plan or health insurance 20 coverage offered in the large group market for any plan 21 year are more than 105 percent of the target amount, the 22 Secretary shall pay to the plan, or issuer of such coverage, 23 an amount equal to 75 percent of the allowable costs in 24 excess of 105 percent of the target amount. 25 (c) INFORMATION COLLECTION.— 26 416 •HR 6800 EH (1) IN GENERAL.—The Secretary, the Secretary 1 of Labor, and the Secretary of the Treasury may re- 2 quire self-insured group health plans and health in- 3 surance issuers of health insurance coverage offered 4 in the large group market to report to the applicable 5 Secretary, in a form, manner, and timeframe speci- 6 fied by the Secretaries, information necessary for 7 purposes of carrying out this section in accordance 8 with the process established under paragraph (2). 9 (2) PROCESS.—The Secretary, the Secretary of 10 Labor, and the Secretary of the Treasury shall joint- 11 ly establish a process prescribing the form and man- 12 ner under which information is collected from self- 13 insured group health plans and health insurance 14 issuers offering health insurance coverage in the 15 large group market for purposes of carrying out this 16 section. 17 (d) DEFINITIONS.— 18 (1) ALLOWABLE COSTS.— 19 (A) IN GENERAL.—The amount of allow- 20 able costs of a self-insured group health plan or 21 health insurance coverage offered in the large 22 group market for any plan year is an amount 23 equal to the total costs (other than administra- 24 tive costs) of such plan or the issuer of such 25 417 •HR 6800 EH coverage in covering items and services fur- 1 nished during such plan year under such plan 2 or such coverage. 3 (B) CERTAIN REDUCTIONS.—Allowable 4 costs of a self-insured group health plan or 5 health insurance coverage offered in the large 6 group market for a plan year shall be reduced 7 by any— 8 (i) reinsurance payments received by 9 such plan or coverage pursuant to a waiver 10 approved under section 1332 of such Act 11 (42 U.S.C. 18052) for such plan year; and 12 (ii) other payments received by such 13 plan or coverage (as specified by the Sec- 14 retary) for such plan year. 15 (2) ADDITIONAL TERMS.—For purposes of this 16 section, the terms ‘‘excepted benefits’’, ‘‘health in- 17 surance issuer’’, ‘‘health insurance coverage’’, and 18 ‘‘large group market’’ have the meanings given such 19 terms in section 2791 of the Public Health Service 20 Act (42 U.S.C. 300gg–91), section 733 of the Em- 21 ployee Retirement Income Security Act of 1974 (29 22 U.S.C. 1191b), and section 9832 of the Internal 23 Revenue Code of 1986, as applicable, and the term 24 ‘‘self-insured group health plan’’ has the meaning 25 418 •HR 6800 EH given such term for purposes of section 2701(a)(5) 1 of the Public Health Service Act (42 U.S.C. 2 300gg(a)(5)). 3 (3) TARGET AMOUNT.— 4 (A) IN GENERAL.—The target amount 5 of— 6 (i) a self-insured group health plan for 7 an applicable plan year is— 8 (I) in the case such plan was of- 9 fered during the preceding plan year 10 and was subject to the requirement of 11 section 601(a) of the Employee Re- 12 tirement Income Security Act of 1974 13 (29 U.S.C. 1161(a)) during such pre- 14 ceding plan year, the expected cost to 15 the plan for all individuals covered 16 under such plan for such preceding 17 plan year (without regard to whether 18 such cost is paid by the employer or 19 employee), taking into account appli- 20 cable premiums (as defined in section 21 604(a) of such Act (29 U.S.C. 22 1164(1))) for such plan and preceding 23 plan year, reduced by any administra- 24 419 •HR 6800 EH tive costs for such preceding plan year 1 and increased by 5 percent; or 2 (II) in the case such plan is not 3 described in subclause (I), the ex- 4 pected cost to the plan for all individ- 5 uals covered under such plan for such 6 applicable plan year (as determined 7 under a methodology specified by the 8 Secretary), reduced by any adminis- 9 trative costs for such plan year; and 10 (ii) health insurance coverage offered 11 in the large group market for an applicable 12 plan year is an amount equal to the total 13 premiums (including any premium sub- 14 sidies under any governmental program), 15 as defined by the Secretary, for such plan 16 year, reduced by the administrative costs 17 of the coverage for such plan year. 18 (B) APPLICABLE PLAN YEAR.—The term 19 ‘‘applicable plan year’’ means plan year 2020 or 20 plan year 2021, as applicable. 21 (e) APPLICATION.— 22 (1) IN GENERAL.—The provisions of subsection 23 (c) shall be applied by the Secretary of Health and 24 Human Services, the Secretary of Labor, and the 25 420 •HR 6800 EH Secretary of the Treasury to group health plans and 1 health insurance issuers offering health insurance 2 coverage in the large group market as if such sub- 3 section were included in the provisions of part A of 4 title XXVII of the Public Health Service Act (42 5 U.S.C. 300gg et seq.), part 7 of the Employee Re- 6 tirement Income Security Act of 1974 (29 U.S.C. 7 1181 et seq.), and subchapter B of chapter 100 of 8 the Internal Revenue Code of 1986, as applicable. 9 (2) TREATMENT FOR MLR.—Payments made 10 under this section with respect to an applicable plan 11 year to a self-insured group health plan or health in- 12 surance issuer offering health insurance coverage in 13 the large group market shall for purposes of section 14 2718(b) of the Public Health Service Act (42 U.S.C. 15 300gg–18(b)) be included in the calculation of the 16 premium revenue with respect to such plan or issuer, 17 respectively, and year. 18 (f) NON-APPLICATION.—The provisions of this sec- 19 tion shall not apply with respect to— 20 (1) any group health plan or group or indi- 21 vidual health insurance coverage in relation to its 22 provision of excepted benefits; or 23 421 •HR 6800 EH (2) a grandfathered health plan, as defined in 1 section 1251(e) of the Patient Protection and Af- 2 fordable Care Act (42 U.S.C. 18011(e)). 3 (g) IMPLEMENTATION.—The Secretary, the Sec- 4 retary of Labor, and the Secretary of the Treasury may 5 implement the provisions of this section by subregulatory 6 guidance, program instruction, or otherwise. 7 (h) APPROPRIATION.—There are appropriated, out of 8 any monies in the Treasury not otherwise appropriated, 9 such sums as may be necessary to carry out this section. 10 Subtitle B—Worker Health 11 Coverage Protection 12 SEC. 30311. SHORT TITLE. 13 This subtitle may be cited as the ‘‘Worker Health 14 Coverage Protection Act’’. 15 SEC. 30312. PRESERVING HEALTH BENEFITS FOR WORK- 16 ERS. 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 25 422 •HR 6800 EH period of coverage during the period begin- 1 ning on March 1, 2020, and ending on 2 January 31, 2021 for COBRA continu- 3 ation coverage with respect to any assist- 4 ance eligible individual described in para- 5 graph (3)(A), such individual shall be 6 treated for purposes of any COBRA con- 7 tinuation provision as having paid the 8 amount of such premium if such individual 9 pays (and any person other than such indi- 10 vidual’s employer pays on behalf of such 11 individual) 0 percent of the amount of 12 such premium owed by such individual (as 13 determined without regard to this sub- 14 section). 15 (ii) FURLOUGHED CONTINUATION 16 COVERAGE.—In the case of any premium 17 for a period of coverage during the period 18 beginning on March 1, 2020, and ending 19 on January 31, 2021 for coverage under a 20 group health plan with respect to any as- 21 sistance eligible individual described in 22 paragraph (3)(B), such individual shall be 23 treated for purposes of coverage under the 24 plan offered by the plan sponsor in which 25 423 •HR 6800 EH the individual is enrolled as having paid 1 the amount of such premium if such indi- 2 vidual pays (and any person other than 3 such individual’s employer pays on behalf 4 of such individual) 0 percent of the 5 amount of such premium owed by such in- 6 dividual (as determined without regard to 7 this subsection). 8 (B) PLAN ENROLLMENT OPTION.— 9 (i) IN GENERAL.—Notwithstanding 10 the COBRA continuation provisions, any 11 assistance eligible individual who is en- 12 rolled in a group health plan offered by a 13 plan sponsor may, not later than 90 days 14 after the date of notice of the plan enroll- 15 ment option described in this subpara- 16 graph, elect to enroll in coverage under a 17 plan offered by such plan sponsor that is 18 different than coverage under the plan in 19 which such individual was enrolled at the 20 time— 21 (I) in the case of any assistance 22 eligible individual described in para- 23 graph (3)(A), the qualifying event 24 specified in section 603(2) of the Em- 25 424 •HR 6800 EH ployee Retirement Income Security 1 Act of 1974, section 4980B(f)(3)(B) 2 of the Internal Revenue Code of 1986, 3 section 2203(2) of the Public Health 4 Service Act, or section 8905a of title 5 5, United States Code (except for the 6 voluntary termination of such individ- 7 ual’s employment by such individual), 8 occurred, and such coverage shall be 9 treated as COBRA continuation cov- 10 erage for purposes of the applicable 11 COBRA continuation coverage provi- 12 sion; or 13 (II) in the case of any assistance 14 eligible individual described in para- 15 graph (3)(B), the furlough period 16 began with respect to such individual. 17 (ii) REQUIREMENTS.—Any assistance 18 eligible individual may elect to enroll in 19 different coverage as described in clause (i) 20 only if— 21 (I) the employer involved has 22 made a determination that such em- 23 ployer will permit such assistance eli- 24 gible individual to enroll in different 25 425 •HR 6800 EH 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 25 426 •HR 6800 EH 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— 24 427 •HR 6800 EH (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- 25 428 •HR 6800 EH 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 25 429 •HR 6800 EH 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- 25 430 •HR 6800 EH 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 25 431 •HR 6800 EH 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 25 432 •HR 6800 EH 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 24 433 •HR 6800 EH 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- 25 434 •HR 6800 EH 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. 25 435 •HR 6800 EH (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- 25 436 •HR 6800 EH 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— 24 437 •HR 6800 EH (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- 25 438 •HR 6800 EH 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 25 439 •HR 6800 EH 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- 25 440 •HR 6800 EH 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 25 441 •HR 6800 EH 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. 24 442 •HR 6800 EH (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 25 443 •HR 6800 EH (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 25 444 •HR 6800 EH 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 25 445 •HR 6800 EH 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; 23 446 •HR 6800 EH (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 25 447 •HR 6800 EH 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. 25 448 •HR 6800 EH (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 25 449 •HR 6800 EH 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’’ 25 450 •HR 6800 EH 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 25 451 •HR 6800 EH 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- 24 452 •HR 6800 EH 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— 24 453 •HR 6800 EH (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— 23 454 •HR 6800 EH (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.— 24 455 •HR 6800 EH (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, 25 456 •HR 6800 EH ‘‘(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- 25 457 •HR 6800 EH 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. 24 458 •HR 6800 EH ‘‘(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 25 459 •HR 6800 EH 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- 25 460 •HR 6800 EH 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- 24 461 •HR 6800 EH 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- 25 462 •HR 6800 EH 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 25 463 •HR 6800 EH 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 25 464 •HR 6800 EH 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: 24 465 •HR 6800 EH ‘‘(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 25 466 •HR 6800 EH 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. 23 467 •HR 6800 EH TITLE IV—APPLICATION TO 1 OTHER HEALTH PROGRAMS 2 SEC. 30401. PROHIBITION ON COPAYMENTS AND COST 3 SHARING FOR TRICARE BENEFICIARIES RE- 4 CEIVING COVID–19 TREATMENT. 5 (a) IN GENERAL.—Section 6006(a) of the Families 6 First Coronavirus Response Act (Public Law 116–127; 38 7 U.S.C. 1074 note) is amended by striking ‘‘or visits de- 8 scribed in paragraph (2) of such section’’ and inserting 9 ‘‘, visits described in paragraph (2) of such section, or 10 medical care to treat COVID–19’’. 11 (b) EFFECTIVE DATE.—The amendment made by 12 subsection (a) shall apply with respect to medical care fur- 13 nished on or after the date of the enactment of this Act. 14 SEC. 30402. PROHIBITION ON COPAYMENTS AND COST 15 SHARING FOR VETERANS RECEIVING COVID– 16 19 TREATMENT FURNISHED BY DEPARTMENT 17 OF VETERANS AFFAIRS. 18 (a) IN GENERAL.—Section 6006(b) of the Families 19 First Coronavirus Response Act (Public Law 116–127; 38 20 U.S.C. 1701 note) is amended by striking ‘‘or visits de- 21 scribed in paragraph (2) of such section’’ and inserting 22 ‘‘, visits described in paragraph (2) of such section, or hos- 23 pital care or medical services to treat COVID–19’’. 24 468 •HR 6800 EH (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 SEC. 30403. PROHIBITION ON COPAYMENTS AND COST 5 SHARING FOR FEDERAL CIVILIAN EMPLOY- 6 EES RECEIVING COVID–19 TREATMENT. 7 (a) IN GENERAL.—Section 6006(c) of the Families 8 First Coronavirus Response Act (Public Law 116–127; 5 9 U.S.C. 8904 note) is amended by striking ‘‘or visits de- 10 scribed in paragraph (2) of such section’’ and inserting 11 ‘‘, visits described in paragraph (2) of such section, or hos- 12 pital care or medical services to treat COVID–19’’. 13 (b) EFFECTIVE DATE.—The amendment made by 14 subsection (a) shall apply with respect to hospital care and 15 medical services furnished on or after the date of the en- 16 actment of this Act. 17 TITLE V—PUBLIC HEALTH 18 POLICIES 19 SEC. 30501. DEFINITIONS. 20 In this title: 21 (1) Except as inconsistent with the provisions 22 of this title, the term ‘‘Secretary’’ means the Sec- 23 retary of Health and Human Services. 24 469 •HR 6800 EH (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 16 Improvements 17 SEC. 30511. MEDICAL SUPPLIES RESPONSE COORDINATOR. 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. 25 470 •HR 6800 EH (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 25 471 •HR 6800 EH 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 of 1950 (50 21 U.S.C. 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 25 472 •HR 6800 EH 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 SEC. 30512. INFORMATION TO BE INCLUDED IN LIST OF DE- 6 VICES DETERMINED TO BE IN SHORTAGE. 7 Section 506J(g)(2)(A) of the Federal Food, Drug, 8 and Cosmetic Act, as added by section 3121 of the 9 CARES Act (Public Law 116–136), is amended by insert- 10 ing ‘‘, including the device identifier or national product 11 code for such device, if applicable’’ before the period at 12 the end. 13 SEC. 30513. EXTENDED SHELF LIFE DATES FOR ESSENTIAL 14 DEVICES. 15 (a) IN GENERAL.—The Federal Food, Drug, and 16 Cosmetic Act is amended by inserting after section 506J 17 (21 U.S.C. 356j) the following: 18 ‘‘SEC. 506K. EXTENDED SHELF LIFE DATES FOR ESSENTIAL 19 DEVICES. 20 ‘‘(a) IN GENERAL.—A manufacturer of a device sub- 21 ject to notification requirements under section 506J (in 22 this section referred to as an ‘essential device’) shall— 23 ‘‘(1) submit to the Secretary data and informa- 24 tion as required by subsection (b)(1); 25 473 •HR 6800 EH ‘‘(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. 24 474 •HR 6800 EH ‘‘(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 25 475 •HR 6800 EH 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 SEC. 30514. AUTHORITY TO DESTROY COUNTERFEIT DE- 12 VICES. 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- 25 476 •HR 6800 EH retary of the Treasury, within 90 days of the date 1 of notice of such refusal or within such additional 2 time as may be permitted pursuant to such regula- 3 tions, except that the Secretary of Health and 4 Human Services may destroy, without the oppor- 5 tunity for export, any drug or device refused admis- 6 sion under this section, if such drug or device is val- 7 ued at an amount that is $2,500 or less (or such 8 higher amount as the Secretary of the Treasury may 9 set by regulation pursuant to section 498(a)(1) of 10 the Tariff Act of 1930 (19 U.S.C. 1498(a)(1))) and 11 was not brought into compliance as described under 12 subsection (b). The Secretary of Health and Human 13 Services shall issue regulations providing for notice 14 and an opportunity to appear before the Secretary 15 of Health and Human Services and introduce testi- 16 mony, as described in the first sentence of this sub- 17 section, on destruction of a drug or device under the 18 seventh sentence of this subsection. The regulations 19 shall provide that prior to destruction, appropriate 20 due process is available to the owner or consignee 21 seeking to challenge the decision to destroy the drug 22 or device. Where the Secretary of Health and 23 Human Services provides notice and an opportunity 24 to appear and introduce testimony on the destruc- 25 477 •HR 6800 EH tion of a drug or device, the Secretary of Health and 1 Human Services shall store and, as applicable, dis- 2 pose of the drug or device after the issuance of the 3 notice, except that the owner and consignee shall re- 4 main liable for costs pursuant to subsection (c).’’. 5 (b) DEFINITION.—Section 201(h) of the Federal 6 Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)) is 7 amended— 8 (1) by redesignating subparagraphs (1), (2), 9 and (3) as clauses (A), (B), and (C), respectively; 10 and 11 (2) after making such redesignations— 12 (A) by striking ‘‘(h) The term’’ and insert- 13 ing ‘‘(h)(1) The term’’; and 14 (B) by adding at the end the following: 15 ‘‘(2) The term ‘counterfeit device’ means a device 16 which, or the container, packaging, or labeling of which, 17 without authorization, bears a trademark, trade name, or 18 other identifying mark, imprint, or symbol, or any likeness 19 thereof, or is manufactured using a design, of a device 20 manufacturer, packer, or distributor other than the person 21 or persons who in fact manufactured, packed, or distrib- 22 uted such device and which thereby falsely purports or is 23 represented to be the product of, or to have been packed 24 478 •HR 6800 EH or distributed by, such other device manufacturer, packer, 1 or distributor. 2 ‘‘(3) For purposes of subparagraph (2)— 3 ‘‘(A) the term ‘manufactured’ refers to any of 4 the following activities: manufacture, preparation, 5 propagation, compounding, assembly, or processing; 6 and 7 ‘‘(B) the term ‘manufacturer’ means a person 8 who is engaged in any of the activities listed in 9 clause (A).’’. 10 SEC. 30515. REPORTING REQUIREMENT FOR DRUG MANU- 11 FACTURERS. 12 (a) ESTABLISHMENTS IN A FOREIGN COUNTRY.— 13 Section 510(i) of the Federal Food, Drug, and Cosmetic 14 Act (21 U.S.C. 360(i)) is amended by inserting at the end 15 the following new paragraph: 16 ‘‘(5) The requirements of paragraphs (1) and (2) 17 shall apply to establishments within a foreign country en- 18 gaged in the manufacture, preparation, propagation, 19 compounding, or processing of any drug, including the ac- 20 tive pharmaceutical ingredient, that is required to be listed 21 pursuant to subsection (j). Such requirements shall apply 22 regardless of whether the drug or active pharmaceutical 23 ingredient undergoes further manufacture, preparation, 24 propagation, compounding, or processing at a separate es- 25 479 •HR 6800 EH tablishment or establishments outside the United States 1 prior to being imported or offered for import into the 2 United States.’’. 3 (b) LISTING OF DRUGS.—Section 510(j)(1) of the 4 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 5 360(j)(1)) is amended— 6 (1) in subparagraph (D), by striking ‘‘and’’ at 7 the end; 8 (2) in subparagraph (E), by striking the period 9 at the end and inserting ‘‘; and’’; and 10 (3) by adding at the end the following new sub- 11 paragraph: 12 ‘‘(F) in the case of a drug contained in the ap- 13 plicable list, a certification that the registrant has— 14 ‘‘(i) identified every other establishment 15 where manufacturing is performed for the drug; 16 and 17 ‘‘(ii) notified each known foreign establish- 18 ment engaged in the manufacture, preparation, 19 propagation, compounding, or processing of the 20 drug, including the active pharmaceutical ingre- 21 dient, of the inclusion of the drug in the list 22 and the obligation to register.’’. 23 (c) QUARTERLY REPORTING ON AMOUNT OF DRUGS 24 MANUFACTURED.—Section 510(j)(3)(A) of the Federal 25 480 •HR 6800 EH Food, Drug, and Cosmetic Act (as added by section 3112 1 of the CARES Act (Public Law 116–136)) is amended 2 by striking ‘‘annually’’ and inserting ‘‘once during the 3 month of March of each year, once during the month of 4 June of each year, once during the month of September 5 of each year, and once during the month of December of 6 each year’’. 7 SEC. 30516. RECOMMENDATIONS TO ENCOURAGE DOMES- 8 TIC MANUFACTURING OF CRITICAL DRUGS. 9 (a) IN GENERAL.—Not later than 14 days after the 10 date of enactment of this Act, the Secretary shall enter 11 into an agreement with the National Academies of 12 Sciences, Engineering, and Medicine (referred to in this 13 section as the ‘‘National Academies’’) under which, not 14 later than 90 days after the date of entering into the 15 agreement, the National Academies will— 16 (1) establish a committee of experts who are 17 knowledgeable about drug and device supply issues, 18 including— 19 (A) sourcing and production of critical 20 drugs and devices; 21 (B) sourcing and production of active 22 pharmaceutical ingredients in critical drugs; 23 (C) the raw materials and other compo- 24 nents for critical drugs and devices; and 25 481 •HR 6800 EH (D) the public health and national security 1 implications of the current supply chain for 2 critical drugs and devices; 3 (2) convene a public symposium to— 4 (A) analyze the impact of United States 5 dependence on the foreign manufacturing of 6 critical drugs and devices on patient access and 7 care, including in hospitals and intensive care 8 units; and 9 (B) recommend strategies to end United 10 States dependence on foreign manufacturing to 11 ensure the United States has a diverse and vital 12 supply chain for critical drugs and devices to 13 protect the Nation from natural or hostile oc- 14 currences; and 15 (3) submit a report on the symposium’s pro- 16 ceedings to the Congress and publish a summary of 17 such proceedings on the public website of the Na- 18 tional Academies. 19 (b) SYMPOSIUM.—In carrying out the agreement 20 under subsection (a), the National Academies shall consult 21 with— 22 (1) the Department of Health and Human 23 Services, the Department of Homeland Security, the 24 Department of Defense, the Department of Com- 25 482 •HR 6800 EH merce, the Department of State, the Department of 1 Veterans Affairs, the Department of Justice, and 2 any other Federal agencies as appropriate; and 3 (2) relevant stakeholders, including drug and 4 device manufacturers, health care providers, medical 5 professional societies, State-based societies, public 6 health experts, State and local public health depart- 7 ments, State medical boards, patient groups, health 8 care distributors, wholesalers and group purchasing 9 organizations, pharmacists, and other entities with 10 experience in health care and public health, as ap- 11 propriate. 12 (c) DEFINITIONS.—For the purposes of this section: 13 (1) The term ‘‘critical’’— 14 (A) with respect to a device, refers to a de- 15 vice classified by the Food and Drug Adminis- 16 tration as implantable, life-saving, and life-sus- 17 taining; or 18 (B) with respect to a drug, refers to a 19 drug that is described in subsection (a) of sec- 20 tion 506C of the Federal Food, Drug, and Cos- 21 metic Act (21 U.S.C. 356c) (relating to notifi- 22 cation of any discontinuance or interruption in 23 the production of life-saving drugs). 24 483 •HR 6800 EH (2) The terms ‘‘device’’ and ‘‘drug’’ have the 1 meanings given to those terms in section 201 of the 2 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 3 321). 4 SEC. 30517. FAILURE TO NOTIFY OF A PERMANENT DIS- 5 CONTINUANCE OR AN INTERRUPTION. 6 Section 301 of the Federal Food, Drug, and Cosmetic 7 Act (21 U.S.C. 331) is amended by adding at the end the 8 following: 9 ‘‘(fff) The failure of a manufacturer of a drug de- 10 scribed in section 506C(a) or an active pharmaceutical in- 11 gredient of such a drug, without a reasonable basis as de- 12 termined by the Secretary, to notify the Secretary of a 13 permanent discontinuance or an interruption, and the rea- 14 sons for such discontinuance or interruption, as required 15 by section 506C.’’. 16 SEC. 30518. FAILURE TO DEVELOP RISK MANAGEMENT 17 PLAN. 18 Section 301 of the Federal Food, Drug, and Cosmetic 19 Act (21 U.S.C. 331), as amended by section 30517, is fur- 20 ther amended by adding at the end the following: 21 ‘‘(ggg) The failure to develop, maintain, and imple- 22 ment a risk management plan, as required by section 23 506C(j).’’. 24 484 •HR 6800 EH SEC. 30519. NATIONAL CENTERS OF EXCELLENCE IN CON- 1 TINUOUS PHARMACEUTICAL MANUFAC- 2 TURING. 3 (a) IN GENERAL.—Section 3016 of the 21st Century 4 Cures Act (21 U.S.C. 399h) is amended to read as follows: 5 ‘‘SEC. 3016. NATIONAL CENTERS OF EXCELLENCE IN CON- 6 TINUOUS PHARMACEUTICAL MANUFAC- 7 TURING. 8 ‘‘(a) IN GENERAL.—The Secretary of Health and 9 Human Services, acting through the Commissioner of 10 Food and Drugs— 11 ‘‘(1) shall solicit and, beginning not later than 12 1 year after the date of enactment of the Inspector 13 General Independence Act, receive requests from in- 14 stitutions of higher education to be designated as a 15 National Center of Excellence in Continuous Phar- 16 maceutical Manufacturing (in this section referred to 17 as a ‘National Center of Excellence’) to support the 18 advancement and development of continuous manu- 19 facturing; and 20 ‘‘(2) shall so designate any institution of higher 21 education that— 22 ‘‘(A) requests such designation; and 23 ‘‘(B) meets the criteria specified in sub- 24 section (c). 25 485 •HR 6800 EH ‘‘(b) REQUEST FOR DESIGNATION.—A request for 1 designation under subsection (a) shall be made to the Sec- 2 retary at such time, in such manner, and containing such 3 information as the Secretary may require. Any such re- 4 quest shall include a description of how the institution of 5 higher education meets or plans to meet each of the cri- 6 teria specified in subsection (c). 7 ‘‘(c) CRITERIA FOR DESIGNATION DESCRIBED.—The 8 criteria specified in this subsection with respect to an in- 9 stitution of higher education are that the institution has, 10 as of the date of the submission of a request under sub- 11 section (a) by such institution— 12 ‘‘(1) physical and technical capacity for re- 13 search and development of continuous manufac- 14 turing; 15 ‘‘(2) manufacturing knowledge-sharing net- 16 works with other institutions of higher education, 17 large and small pharmaceutical manufacturers, ge- 18 neric and nonprescription manufacturers, contract 19 manufacturers, and other entities; 20 ‘‘(3) proven capacity to design and demonstrate 21 new, highly effective technology for use in contin- 22 uous manufacturing; 23 486 •HR 6800 EH ‘‘(4) a track record for creating and transfer- 1 ring knowledge with respect to continuous manufac- 2 turing; 3 ‘‘(5) the potential to train a future workforce 4 for research on and implementation of advanced 5 manufacturing and continuous manufacturing; and 6 ‘‘(6) experience in participating in and leading 7 a continuous manufacturing technology partnership 8 with other institutions of higher education, large and 9 small pharmaceutical manufacturers (including ge- 10 neric and nonprescription drug manufacturers), con- 11 tract manufacturers, and other entities— 12 ‘‘(A) to support companies with continuous 13 manufacturing in the United States; 14 ‘‘(B) to support Federal agencies with 15 technical assistance, which may include regu- 16 latory and quality metric guidance as applica- 17 ble, for advanced manufacturing and continuous 18 manufacturing; 19 ‘‘(C) with respect to continuous manufac- 20 turing, to organize and conduct research and 21 development activities needed to create new and 22 more effective technology, capture and dissemi- 23 nate expertise, create intellectual property, and 24 maintain technological leadership; 25 487 •HR 6800 EH ‘‘(D) to develop best practices for design- 1 ing continuous manufacturing; and 2 ‘‘(E) to assess and respond to the work- 3 force needs for continuous manufacturing, in- 4 cluding the development of training programs if 5 needed. 6 ‘‘(d) TERMINATION OF DESIGNATION.—The Sec- 7 retary may terminate the designation of any National Cen- 8 ter of Excellence designated under this section if the Sec- 9 retary determines such National Center of Excellence no 10 longer meets the criteria specified in subsection (c). Not 11 later than 60 days before the effective date of such a ter- 12 mination, the Secretary shall provide written notice to the 13 National Center of Excellence, including the rationale for 14 such termination. 15 ‘‘(e) CONDITIONS FOR DESIGNATION.—As a condi- 16 tion of designation as a National Center of Excellence 17 under this section, the Secretary shall require that an in- 18 stitution of higher education enter into an agreement with 19 the Secretary under which the institution agrees— 20 ‘‘(1) to collaborate directly with the Food and 21 Drug Administration to publish the reports required 22 by subsection (g); 23 488 •HR 6800 EH ‘‘(2) to share data with the Food and Drug Ad- 1 ministration regarding best practices and research 2 generated through the funding under subsection (f); 3 ‘‘(3) to develop, along with industry partners 4 (which may include large and small biopharma- 5 ceutical manufacturers, generic and nonprescription 6 manufacturers, and contract manufacturers) and an- 7 other institution or institutions designated under 8 this section, if any, a roadmap for developing a con- 9 tinuous manufacturing workforce; 10 ‘‘(4) to develop, along with industry partners 11 and other institutions designated under this section, 12 a roadmap for strengthening existing, and devel- 13 oping new, relationships with other institutions; and 14 ‘‘(5) to provide an annual report to the Food 15 and Drug Administration regarding the institution’s 16 activities under this section, including a description 17 of how the institution continues to meet and make 18 progress on the criteria listed in subsection (c). 19 ‘‘(f) FUNDING.— 20 ‘‘(1) IN GENERAL.—The Secretary shall award 21 funding, through grants, contracts, or cooperative 22 agreements, to the National Centers of Excellence 23 designated under this section for the purpose of 24 studying and recommending improvements to contin- 25 489 •HR 6800 EH uous manufacturing, including such improvements 1 as may enable the Centers— 2 ‘‘(A) to continue to meet the conditions 3 specified in subsection (e); and 4 ‘‘(B) to expand capacity for research on, 5 and development of, continuing manufacturing. 6 ‘‘(2) CONSISTENCY WITH FDA MISSION.—As a 7 condition on receipt of funding under this sub- 8 section, a National Center of Excellence shall agree 9 to consider any input from the Secretary regarding 10 the use of funding that would— 11 ‘‘(A) help to further the advancement of 12 continuous manufacturing through the National 13 Center of Excellence; and 14 ‘‘(B) be relevant to the mission of the 15 Food and Drug Administration. 16 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 17 There is authorized to be appropriated to carry out 18 this subsection $100,000,000, to remain available 19 until expended. 20 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 21 this section shall be construed as precluding a Na- 22 tional Center for Excellence designated under this 23 section from receiving funds under any other provi- 24 sion of this Act or any other Federal law. 25 490 •HR 6800 EH ‘‘(g) ANNUAL REVIEW AND REPORTS.— 1 ‘‘(1) ANNUAL REPORT.—Beginning not later 2 than 1 year after the date on which the first des- 3 ignation is made under subsection (a), and annually 4 thereafter, the Secretary shall— 5 ‘‘(A) submit to Congress a report describ- 6 ing the activities, partnerships and collabora- 7 tions, Federal policy recommendations, previous 8 and continuing funding, and findings of, and 9 any other applicable information from, the Na- 10 tional Centers of Excellence designated under 11 this section; and 12 ‘‘(B) make such report available to the 13 public in an easily accessible electronic format 14 on the website of the Food and Drug Adminis- 15 tration. 16 ‘‘(2) REVIEW OF NATIONAL CENTERS OF EX- 17 CELLENCE AND POTENTIAL DESIGNEES.—The Sec- 18 retary shall periodically review the National Centers 19 of Excellence designated under this section to ensure 20 that such National Centers of Excellence continue to 21 meet the criteria for designation under this section. 22 ‘‘(3) REPORT ON LONG-TERM VISION OF FDA 23 ROLE.—Not later than 2 years after the date on 24 which the first designation is made under subsection 25 491 •HR 6800 EH (a), the Secretary, in consultation with the National 1 Centers of Excellence designated under this section, 2 shall submit a report to the Congress on the long- 3 term vision of the Department of Health and 4 Human Services on the role of the Food and Drug 5 Administration in supporting continuous manufac- 6 turing, including— 7 ‘‘(A) a national framework of principles re- 8 lated to the implementation and regulation of 9 continuous manufacturing; 10 ‘‘(B) a plan for the development of Federal 11 regulations and guidance for how advanced 12 manufacturing and continuous manufacturing 13 can be incorporated into the development of 14 pharmaceuticals and regulatory responsibilities 15 of the Food and Drug Administration; and 16 ‘‘(C) appropriate feedback solicited from 17 the public, which may include other institutions, 18 large and small biopharmaceutical manufactur- 19 ers, generic and nonprescription manufacturers, 20 and contract manufacturers. 21 ‘‘(h) DEFINITIONS.—In this section: 22 ‘‘(1) ADVANCED MANUFACTURING.—The term 23 ‘advanced manufacturing’ means an approach for 24 the manufacturing of pharmaceuticals that incor- 25 492 •HR 6800 EH porates novel technology, or uses an established 1 technique or technology in a new or innovative way 2 (such as continuous manufacturing where the input 3 materials are continuously transformed within the 4 process by two or more unit operations) that en- 5 hances drug quality or improves the manufacturing 6 process. 7 ‘‘(2) CONTINUOUS MANUFACTURING.—The 8 term ‘continuous manufacturing’— 9 ‘‘(A) means a process where the input ma- 10 terials are continuously fed into and trans- 11 formed within the process, and the processed 12 output materials are continuously removed from 13 the system; and 14 ‘‘(B) consists of an integrated process that 15 consists of a series of two or more unit oper- 16 ations. 17 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 18 The term ‘institution of higher education’ has the 19 meaning given such term in section 101(a) of the 20 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 21 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 22 the Secretary of Health and Human Services, acting 23 through the Commissioner of Food and Drugs.’’. 24 493 •HR 6800 EH (b) TRANSITION RULE.—Section 3016 of the 21st 1 Century Cures Act (21 U.S.C. 399h), as in effect on the 2 day before the date of the enactment of this section, shall 3 apply with respect to grants awarded under such section 4 before such date of enactment. 5 SEC. 30520. VACCINE MANUFACTURING AND ADMINISTRA- 6 TION CAPACITY. 7 (a) ENHANCING MANUFACTURING CAPACITY.— 8 (1) IN GENERAL.—The Secretary, acting 9 through the Director of the Biomedical Advanced 10 Research and Development Authority, shall, as ap- 11 propriate, award contracts, grants, and cooperative 12 agreements, and enter into other transactions, to ex- 13 pand and enhance manufacturing capacity of vac- 14 cines and vaccine candidates to prevent the spread 15 of SARS–CoV–2 and COVID–19. 16 (2) AUTHORIZATION OF APPROPRIATIONS.—To 17 carry out this subsection, there are authorized to be 18 appropriated such sums as may be necessary for fis- 19 cal years 2020 through 2024, to remain available 20 until expended. 21 (b) REPORT ON VACCINE MANUFACTURING AND AD- 22 MINISTRATION CAPACITY.— 23 (1) IN GENERAL.—Not later than December 31, 24 2020, the Secretary shall submit to the Committee 25 494 •HR 6800 EH 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 a report 3 detailing— 4 (A) an assessment of the estimated supply 5 of vaccines and ancillary medical products re- 6 lated to vaccine administration necessary to 7 control and stop the spread of SARS–CoV–2 8 and COVID–19, domestically and internation- 9 ally; 10 (B) an assessment of current and future 11 domestic manufacturing capacity for vaccines or 12 vaccine candidates to control or stop the spread 13 of SARS–CoV–2 and COVID–19, vaccine can- 14 didates, and ancillary products related to the 15 administration of such vaccines, including iden- 16 tification of any gaps in manufacturing capac- 17 ity; 18 (C) activities conducted to expand and en- 19 hance manufacturing capacity for vaccines, vac- 20 cine candidates, and ancillary medical products 21 to levels sufficient to control and stop the 22 spread of SARS–CoV–2 and COVID–19, do- 23 mestically and internationally, including a list 24 and explanation of all contracts, grants, and co- 25 495 •HR 6800 EH operative agreements awarded, and other trans- 1 actions entered into, for purposes of such ex- 2 pansion and enhancement and how such activi- 3 ties will help to meet future domestic manufac- 4 turing capacity needs; 5 (D) a plan for the ongoing support of en- 6 hanced manufacturing capacity for vaccines, 7 vaccine candidates, and ancillary medical prod- 8 ucts sufficient to control and stop the spread of 9 SARS–CoV–2 and COVID–19, domestically 10 and internationally; and 11 (E) a plan to support the administration of 12 vaccines approved or authorized by the Food 13 and Drug Administration to control and stop 14 the spread of SARS–CoV–2 and COVID–19, 15 domestically and internationally, including Fed- 16 eral workforce enhancements necessary to ad- 17 minister such vaccines. 18 (2) ANCILLARY MEDICAL PRODUCTS.—For pur- 19 poses of this subsection, ‘‘ancillary medical prod- 20 ucts’’ includes— 21 (A) vials; 22 (B) bandages; 23 (C) alcohol swabs; 24 (D) syringes; 25 496 •HR 6800 EH (E) needles; 1 (F) gloves and other personal protective 2 equipment; and 3 (G) other medical products the Secretary 4 determines necessary for the administration of 5 vaccines. 6 Subtitle B—Strategic National 7 Stockpile Improvements 8 SEC. 30531. EQUIPMENT MAINTENANCE. 9 Section 319F–2 of the Public Health Service Act (42 10 U.S.C. 247d–6b) is amended— 11 (1) in subsection (a)(3)— 12 (A) in subparagraph (I), by striking ‘‘; 13 and’’ and inserting a semicolon; 14 (B) in subparagraph (J), by striking the 15 period at the end and inserting a semicolon; 16 and 17 (C) by inserting the following new subpara- 18 graph at the end: 19 ‘‘(K) ensure the contents of the stockpile 20 remain in good working order and, as appro- 21 priate, conduct maintenance services on such 22 contents; and’’; and 23 (2) in subsection (c)(7)(B), by adding at the 24 end the following new clause: 25 497 •HR 6800 EH ‘‘(ix) EQUIPMENT MAINTENANCE 1 SERVICE.—In carrying out this section, the 2 Secretary may enter into contracts for the 3 procurement of equipment maintenance 4 services.’’. 5 SEC. 30532. SUPPLY CHAIN FLEXIBILITY MANUFACTURING 6 PILOT. 7 (a) IN GENERAL.—Section 319F–2(a)(3) of the Pub- 8 lic Health Service Act (42 U.S.C. 247d–6b(a)(3)), as 9 amended by section 30531, is further amended by adding 10 at the end the following new subparagraph: 11 ‘‘(L) enhance medical supply chain elas- 12 ticity and establish and maintain domestic re- 13 serves of critical medical supplies (including 14 personal protective equipment, ancillary medical 15 supplies, and other applicable supplies required 16 for the administration of drugs, vaccines and 17 other biological products, and other medical de- 18 vices (including diagnostic tests)) by— 19 ‘‘(i) increasing emergency stock of 20 critical medical supplies; 21 ‘‘(ii) geographically diversifying pro- 22 duction of such medical supplies; 23 ‘‘(iii) purchasing, leasing, or entering 24 into joint ventures with respect to facilities 25 498 •HR 6800 EH and equipment for the production of such 1 medical supplies; and 2 ‘‘(iv) working with distributors of 3 such medical supplies to manage the do- 4 mestic reserves established under this sub- 5 paragraph by refreshing and replenishing 6 stock of such medical supplies.’’. 7 (b) REPORTING; SUNSET.—Section 319F–2(a) of the 8 Public Health Service Act (42 U.S.C. 247d–6b(a)) is 9 amended by adding at the end the following: 10 ‘‘(6) REPORTING.—Not later than September 11 30, 2022, the Secretary shall submit to the Com- 12 mittee on Energy and Commerce of the House of 13 Representatives and the Committee on Health, Edu- 14 cation, Labor and Pensions of the Senate a report 15 on the details of each purchase, lease, or joint ven- 16 ture entered into under paragraph (3)(L), including 17 the amount expended by the Secretary on each such 18 purchase, lease, or joint venture. 19 ‘‘(7) SUNSET.—The authority to make pur- 20 chases, leases, or joint ventures pursuant to para- 21 graph (3)(L) shall cease to be effective on Sep- 22 tember 30, 2023.’’. 23 499 •HR 6800 EH (c) FUNDING.—Section 319F–2(f) of the Public 1 Health Service Act (42 U.S.C. 247d–6b(f)) is amended by 2 adding at the end the following: 3 ‘‘(3) SUPPLY CHAIN ELASTICITY.— 4 ‘‘(A) IN GENERAL.—For the purpose of 5 carrying out subsection (a)(3)(L), there is au- 6 thorized to be appropriated $500,000,000 for 7 each of fiscal years 2020 through 2023, to re- 8 main available until expended. 9 ‘‘(B) RELATION TO OTHER AMOUNTS.— 10 The amount authorized to be appropriated by 11 subparagraph (A) for the purpose of carrying 12 out subsection (a)(3)(L) is in addition to any 13 other amounts available for such purpose.’’. 14 SEC. 30533. REIMBURSABLE TRANSFERS FROM STRATEGIC 15 NATIONAL STOCKPILE. 16 Section 319F–2(a) of the Public Health Service Act 17 (42 U.S.C. 247d–6b(a)), as amended, is further amended 18 by adding at the end the following: 19 ‘‘(8) TRANSFERS AND REIMBURSEMENTS.— 20 ‘‘(A) IN GENERAL.—Without regard to 21 chapter 5 of title 40, United States Code, the 22 Secretary may transfer to any Federal depart- 23 ment or agency, on a reimbursable basis, any 24 drugs, vaccines and other biological products, 25 500 •HR 6800 EH medical devices, and other supplies in the stock- 1 pile if— 2 ‘‘(i) the transferred supplies are less 3 than 6 months from expiry; 4 ‘‘(ii) the stockpile is able to replenish 5 the supplies, as appropriate; and 6 ‘‘(iii) the Secretary decides the trans- 7 fer is in the best interest of the United 8 States Government. 9 ‘‘(B) USE OF REIMBURSEMENT.—Reim- 10 bursement derived from the transfer of supplies 11 pursuant to subparagraph (A) may be used by 12 the Secretary, without further appropriation 13 and without fiscal year limitation, to carry out 14 this section. 15 ‘‘(C) REPORT.—Not later than September 16 30, 2022, the Secretary shall submit to the 17 Committee on Energy and Commerce of the 18 House of Representatives and the Committee 19 on Health, Education, Labor and Pensions of 20 the Senate a report on each transfer made 21 under this paragraph and the amount received 22 by the Secretary in exchange for that transfer. 23 501 •HR 6800 EH ‘‘(D) SUNSET.—The authority to make 1 transfers under this paragraph shall cease to be 2 effective on September 30, 2023.’’. 3 SEC. 30534. STRATEGIC NATIONAL STOCKPILE ACTION RE- 4 PORTING. 5 (a) IN GENERAL.—The Assistant Secretary for Pre- 6 paredness and Response (in this section referred to as the 7 ‘‘Assistant Secretary’’), in coordination with the Adminis- 8 trator of the Federal Emergency Management Agency, 9 shall— 10 (1) not later than 30 days after the date of en- 11 actment of this Act, issue a report to the Committee 12 on Energy and Commerce of the House of Rep- 13 resentatives and the Committee on Health, Edu- 14 cation, Labor and Pensions of the Senate regarding 15 all State, local, Tribal, and territorial requests for 16 supplies from the Strategic National Stockpile re- 17 lated to COVID–19; and 18 (2) not less than every 30 days thereafter 19 through the end of the emergency period (as such 20 term is defined in section 1135(g)(1)(B) of the So- 21 cial Security Act (42 U.S.C. 1320b–5(g)(1)(B))), 22 submit to such committees an updated version of 23 such report. 24 (b) REPORTING PERIOD.— 25 502 •HR 6800 EH (1) INITIAL REPORT.—The initial report under 1 subsection (a) shall address all requests described in 2 such subsection made during the period— 3 (A) beginning on January 31, 2020; and 4 (B) ending on the date that is 30 days be- 5 fore the date of submission of the report. 6 (2) UPDATES.—Each update to the report 7 under subsection (a) shall address all requests de- 8 scribed in such subsection made during the period— 9 (A) beginning at the end of the previous 10 reporting period under this section; and 11 (B) ending on the date that is 30 days be- 12 fore the date of submission of the updated re- 13 port. 14 (c) CONTENTS OF REPORT.—The report under sub- 15 section (a) (and updates thereto) shall include— 16 (1) the details of each request described in such 17 subsection, including— 18 (A) the specific medical countermeasures, 19 including devices such as personal protective 20 equipment, and other materials requested; and 21 (B) the amount of such materials re- 22 quested; and 23 (2) the outcomes of each request described in 24 subsection (a), including— 25 503 •HR 6800 EH (A) whether the request was wholly ful- 1 filled, partially fulfilled, or denied; 2 (B) if the request was wholly or partially 3 fulfilled, the fulfillment amount; and 4 (C) if the request was partially fulfilled or 5 denied, a rationale for such outcome. 6 SEC. 30535. IMPROVED, TRANSPARENT PROCESSES FOR 7 THE STRATEGIC NATIONAL STOCKPILE. 8 (a) IN GENERAL.—Not later than January 1, 2021, 9 the Secretary, in collaboration with the Assistant Sec- 10 retary for Preparedness and Response and the Director 11 of the Centers for Disease Control and Prevention, shall 12 develop and implement improved, transparent processes 13 for the use and distribution of drugs, vaccines and other 14 biological products, medical devices, and other supplies 15 (including personal protective equipment, ancillary med- 16 ical supplies, and other applicable supplies required for the 17 administration of drugs, vaccines and other biological 18 products, diagnostic tests, and other medical devices ) in 19 the Strategic National Stockpile under section 319F–2 of 20 the Public Health Service Act (42 U.S.C. 247d–6b) (in 21 this section referred to as the ‘‘Stockpile’’). 22 (b) PROCESSES.—The processes developed under 23 subsection (a) shall include— 24 504 •HR 6800 EH (1) the form and manner in which States, local- 1 ities, Tribes, and territories are required to submit 2 requests for supplies from the Stockpile; 3 (2) the criteria used by the Secretary in re- 4 sponding to such requests, including the reasons for 5 fulfilling or denying such requests; 6 (3) what circumstances result in prioritization 7 of distribution of supplies from the Stockpile to 8 States, localities, Tribes, or territories; 9 (4) clear plans for future, urgent communica- 10 tion between the Secretary and States, localities, 11 Tribes, and territories regarding the outcome of 12 such requests; and 13 (5) any differences in the processes developed 14 under subsection (a) for geographically related emer- 15 gencies, such as weather events, and national emer- 16 gencies, such as pandemics. 17 (c) REPORT TO CONGRESS.—Not later than January 18 1, 2021, the Secretary shall— 19 (1) submit a report to the Committee Energy 20 and Commerce of the House of Representatives and 21 the Committee on Health, Education, Labor and 22 Pensions of the Senate regarding the improved, 23 transparent processes developed under this section; 24 and 25 505 •HR 6800 EH (2) include in such report recommendations for 1 opportunities for communication (by telebriefing, 2 phone calls, or in-person meetings) between the Sec- 3 retary and States, localities, Tribes, and territories 4 regarding such improved, transparent processes. 5 SEC. 30536. GAO STUDY ON THE FEASIBILITY AND BENE- 6 FITS OF A STRATEGIC NATIONAL STOCKPILE 7 USER FEE AGREEMENT. 8 (a) IN GENERAL.— The Comptroller General of the 9 United States shall conduct a study to investigate the fea- 10 sibility of establishing user fees to offset certain Federal 11 costs attributable to the procurement of single-source ma- 12 terials for the Strategic National Stockpile under section 13 319F–2 of the Public Health Service Act (42 U.S.C. 14 247d–6b) and distributions of such materials from the 15 Stockpile. In conducting this study, the Comptroller Gen- 16 eral shall consider, to the extent information is available— 17 (1) whether entities receiving such distributions 18 generate profits from those distributions; 19 (2) any Federal costs attributable to such dis- 20 tributions; 21 (3) whether such user fees would provide the 22 Secretary with funding to potentially offset procure- 23 ment costs of such materials for the Strategic Na- 24 tional Stockpile; and 25 506 •HR 6800 EH (4) any other issues the Comptroller General 1 identifies as relevant. 2 (b) REPORT.—Not later than February 1, 2023, the 3 Comptroller General of the United States shall submit to 4 the Congress a report on the findings and conclusions of 5 the study under subsection (a). 6 Subtitle C—Testing and Testing 7 Infrastructure Improvements 8 SEC. 30541. COVID–19 TESTING STRATEGY. 9 (a) STRATEGY.—Not later than June 15, 2020, the 10 Secretary shall update the COVID–19 strategic testing 11 plan under the heading ‘‘Department of Health and 12 Human Services—Office of the Secretary—Public Health 13 and Social Service Emergency Fund’’ in title I of division 14 B of the Paycheck Protection Program and Health Care 15 Enhancement Act (Public Law 116–139, 134 Stat. 620, 16 626–627) and submit to the appropriate congressional 17 committees such updated national plan identifying— 18 (1) what level of, types of, and approaches to 19 testing (including predicted numbers of tests, popu- 20 lations to be tested, and frequency of testing and the 21 appropriate setting whether a health care setting 22 (such as hospital-based, high-complexity laboratory, 23 point-of-care, mobile testing units, pharmacies or 24 community health centers) or non-health care setting 25 507 •HR 6800 EH (such as workplaces, schools, or child care centers)) 1 are necessary— 2 (A) to sufficiently monitor and contribute 3 to the control of the transmission of SARS– 4 CoV–2 in the United States; 5 (B) to ensure that any reduction in social 6 distancing efforts, when determined appropriate 7 by public health officials, can be undertaken in 8 a manner that optimizes the health and safety 9 of the people of the United States, and reduces 10 disparities (including disparities related to race, 11 ethnicity, sex, age, disability status, socio- 12 economic status, and geographic location) in the 13 prevalence of, incidence of, and health outcomes 14 with respect to, COVID–19; and 15 (C) to provide for ongoing surveillance suf- 16 ficient to support contact tracing, case identi- 17 fication, quarantine, and isolation to prevent fu- 18 ture outbreaks of COVID–19; 19 (2) specific plans and benchmarks, each with 20 clear timelines, to ensure— 21 (A) such level of, types of, and approaches 22 to testing as are described in paragraph (1), 23 with respect to optimizing health and safety; 24 508 •HR 6800 EH (B) sufficient availability of all necessary 1 testing materials and supplies, including extrac- 2 tion and testing kits, reagents, transport media, 3 swabs, instruments, analysis equipment, per- 4 sonal protective equipment if necessary for test- 5 ing (including point-of-care testing), and other 6 equipment; 7 (C) allocation of testing materials and sup- 8 plies in a manner that optimizes public health, 9 including by considering the variable impact of 10 SARS–CoV–2 on specific States, territories, In- 11 dian Tribes, Tribal organizations, urban Indian 12 organizations, communities, industries, and pro- 13 fessions; 14 (D) sufficient evidence of validation for 15 tests that are deployed as a part of such strat- 16 egy; 17 (E) sufficient laboratory and analytical ca- 18 pacity, including target turnaround time for 19 test results; 20 (F) sufficient personnel, including per- 21 sonnel to collect testing samples, conduct and 22 analyze results, and conduct testing follow-up, 23 including contact tracing, as appropriate; and 24 509 •HR 6800 EH (G) enforcement of the Families First 1 Coronavirus Response Act (Public Law 116– 2 127) to ensure patients who are tested are not 3 subject to cost sharing; 4 (3) specific plans to ensure adequate testing in 5 rural areas, frontier areas, health professional short- 6 age areas, and medically underserved areas (as de- 7 fined in section 330I(a) of the Public Health Service 8 Act (42 U.S.C. 254c–14(a))), and for underserved 9 populations, Native Americans (including Indian 10 Tribes, Tribal organizations, and urban Indian orga- 11 nizations), and populations at increased risk related 12 to COVID–19; 13 (4) specific plans to ensure accessibility of test- 14 ing to people with disabilities, older individuals, and 15 individuals with underlying health conditions or 16 weakened immune systems; and 17 (5) specific plans for broadly developing and 18 implementing testing for potential immunity in the 19 United States, as appropriate, in a manner suffi- 20 cient— 21 (A) to monitor and contribute to the con- 22 trol of SARS–CoV–2 in the United States; 23 (B) to ensure that any reduction in social 24 distancing efforts, when determined appropriate 25 510 •HR 6800 EH by public health officials, can be undertaken in 1 a manner that optimizes the health and safety 2 of the people of the United States; and 3 (C) to reduce disparities (including dispari- 4 ties related to race, ethnicity, sex, age, dis- 5 ability status, socioeconomic status, and geo- 6 graphic location) in the prevalence of, incidence 7 of, and health outcomes with respect to, 8 COVID–19. 9 (b) COORDINATION.—The Secretary shall carry out 10 this section— 11 (1) in coordination with the Administrator of 12 the Federal Emergency Management Agency; 13 (2) in collaboration with other agencies and de- 14 partments, as appropriate; and 15 (3) taking into consideration the State plans for 16 COVID–19 testing prepared as required under the 17 heading ‘‘Department of Health and Human Serv- 18 ices—Office of the Secretary—Public Health and 19 Social Service Emergency Fund’’ in title I of divi- 20 sion B of the Paycheck Protection Program and 21 Health Care Enhancement Act (Public Law 116– 22 139; 134 Stat. 620, 624). 23 (c) UPDATES.— 24 511 •HR 6800 EH (1) FREQUENCY.—The updated national plan 1 under subsection (a) shall be updated every 30 days 2 until the end of the public health emergency first de- 3 clared by the Secretary under section 319 of the 4 Public Health Service Act (42 U.S.C. 247d) on Jan- 5 uary 31, 2020, with respect to COVID–19. 6 (2) RELATION TO OTHER LAW.—Paragraph (1) 7 applies in lieu of the requirement (for updates every 8 90 days until funds are expended) in the second to 9 last proviso under the heading ‘‘Department of 10 Health and Human Services—Office of the Sec- 11 retary—Public Health and Social Service Emergency 12 Fund’’ in title I of division B of the Paycheck Pro- 13 tection Program and Health Care Enhancement Act 14 (Public Law 116–139; 134 Stat. 620, 627). 15 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 16 In this section, the term ‘‘appropriate congressional com- 17 mittees’’ means— 18 (1) the Committee on Appropriations and the 19 Committee on Energy and Commerce of the House 20 of Representatives; and 21 (2) the Committee on Appropriations and the 22 Committee on Health, Education, Labor and Pen- 23 sions and of the Senate. 24 512 •HR 6800 EH SEC. 30542. CENTRALIZED TESTING INFORMATION 1 WEBSITE. 2 The Secretary shall establish and maintain a public, 3 searchable webpage, to be updated and corrected as nec- 4 essary through a process established by the Secretary, on 5 the website of the Department of Health and Human 6 Services that— 7 (1) identifies all in vitro diagnostic and sero- 8 logical tests used in the United States to analyze 9 clinical specimens for detection of SARS–CoV–2 or 10 antibodies specific to SARS–CoV–2, including— 11 (A) those tests— 12 (i) that are approved, cleared, or au- 13 thorized under section 510(k), 513, 515, or 14 564 of the Federal Food, Drug, and Cos- 15 metic Act (21 U.S.C. 360(k), 360c, 360e, 16 360bbb–3); 17 (ii) that have been validated by the 18 test’s developers for use on clinical speci- 19 mens and for which the developer has noti- 20 fied the Food and Drug Administration of 21 the developer’s intent to market the test 22 consistent with applicable guidance issued 23 by the Secretary; or 24 (iii) that have been developed and au- 25 thorized by a State that has notified the 26 513 •HR 6800 EH Secretary of the State’s intention to review 1 tests intended to diagnose COVID–19; and 2 (B) other SARS–CoV–2-related tests that 3 the Secretary determines appropriate in guid- 4 ance, which may include tests related to the 5 monitoring of COVID–19 patient status; 6 (2) provides relevant information, as deter- 7 mined by the Secretary, on each test identified pur- 8 suant to paragraph (1), which may include— 9 (A) the name and contact information of 10 the developer of the test; 11 (B) the date of receipt of notification by 12 the Food and Drug Administration of the devel- 13 oper’s intent to market the test; 14 (C) the date of authorization for use of the 15 test on clinical specimens, where applicable; 16 (D) the letter of authorization for use of 17 the test on clinical specimens, where applicable; 18 (E) any fact sheets, manufacturer instruc- 19 tions, and package inserts for the test, includ- 20 ing information on intended use; 21 (F) sensitivity and specificity of the test; 22 and 23 (G) in the case of tests distributed by com- 24 mercial manufacturers, the number of tests dis- 25 514 •HR 6800 EH tributed and, if available, the number of labora- 1 tories in the United States with the required 2 platforms installed to perform the test; and 3 (3) includes— 4 (A) a list of laboratories certified under 5 section 353 of the Public Health Service Act 6 (42 U.S.C. 263a; commonly referred to as 7 ‘‘CLIA’’) that— 8 (i) meet the regulatory requirements 9 under such section to perform high- or 10 moderate-complexity testing; and 11 (ii) are authorized to perform SARS– 12 CoV–2 diagnostic or serological tests on 13 clinical specimens; and 14 (B) information on each laboratory identi- 15 fied pursuant to subparagraph (A), including— 16 (i) the name and address of the lab- 17 oratory; 18 (ii) the CLIA certificate number; 19 (iii) the laboratory type; 20 (iv) the certificate type; and 21 (v) the complexity level. 22 515 •HR 6800 EH SEC. 30543. MANUFACTURER REPORTING OF TEST DIS- 1 TRIBUTION. 2 (a) IN GENERAL.—A commercial manufacturer of an 3 in vitro diagnostic or serological COVID–19 test shall, on 4 a weekly basis, submit a notification to the Secretary re- 5 garding distribution of each such test, which notifica- 6 tion— 7 (1) shall include the number of tests distributed 8 and the entities to which the tests are distributed; 9 and 10 (2) may include the quantity of such tests dis- 11 tributed by the manufacturer. 12 (b) CONFIDENTIALITY.—Nothing in this section shall 13 be construed as authorizing the Secretary to disclose any 14 information that is a trade secret or confidential informa- 15 tion subject to section 552(b)(4) of title 5, United States 16 Code, or section 1905 of title 18, United States Code. 17 (c) FAILURE TO MEET REQUIREMENTS.—If a manu- 18 facturer fails to submit a notification as required under 19 subsection (a), the following applies: 20 (1) The Secretary shall issue a letter to such 21 manufacturer informing such manufacturer of such 22 failure. 23 (2) Not later than 7 calendar days after the 24 issuance of a letter under paragraph (1), the manu- 25 516 •HR 6800 EH facturer to whom such letter is issued shall submit 1 to the Secretary a written response to such letter— 2 (A) setting forth the basis for noncompli- 3 ance; and 4 (B) providing information as required 5 under subsection (a). 6 (3) Not later than 14 calendar days after the 7 issuance of a letter under paragraph (1), the Sec- 8 retary shall make such letter and any response to 9 such letter under paragraph (2) available to the pub- 10 lic on the internet website of the Food and Drug Ad- 11 ministration, with appropriate redactions made to 12 protect information described in subsection (b). The 13 preceding sentence shall not apply if the Secretary 14 determines that— 15 (A) the letter under paragraph (1) was 16 issued in error; or 17 (B) after review of such response, the 18 manufacturer had a reasonable basis for not 19 notifying as required under subsection (a). 20 SEC. 30544. STATE TESTING REPORT. 21 For any State that authorizes (or intends to author- 22 ize) one or more laboratories in the State to develop and 23 perform in vitro diagnostic COVID–19 tests, the head of 24 517 •HR 6800 EH the department or agency of such State with primary re- 1 sponsibility for health shall— 2 (1) notify the Secretary of such authorization 3 (or intention to authorize); and 4 (2) provide the Secretary with a weekly re- 5 port— 6 (A) identifying all laboratories authorized 7 (or intended to be authorized) by the State to 8 develop and perform in vitro diagnostic 9 COVID–19 tests; 10 (B) including relevant information on all 11 laboratories identified pursuant to subpara- 12 graph (A), which may include information on 13 laboratory testing capacity; 14 (C) identifying all in vitro diagnostic 15 COVID–19 tests developed and approved for 16 clinical use in laboratories identified pursuant 17 to subparagraph (A); and 18 (D) including relevant information on all 19 tests identified pursuant to subparagraph (C), 20 which may include— 21 (i) the name and contact information 22 of the developer of any such test; 23 (ii) any fact sheets, manufacturer in- 24 structions, and package inserts for any 25 518 •HR 6800 EH such test, including information on in- 1 tended use; and 2 (iii) the sensitivity and specificity of 3 any such test. 4 SEC. 30545. STATE LISTING OF TESTING SITES. 5 Not later than 14 days after the date of enactment 6 of this Act, any State receiving funding or assistance 7 under this Act, as a condition on such receipt, shall estab- 8 lish and maintain a public, searchable webpage on the offi- 9 cial website of the State that— 10 (1) identifies all sites located in the State that 11 provide diagnostic or serological testing for SARS– 12 CoV–2; and 13 (2) provides appropriate contact information for 14 SARS–CoV–2 testing sites pursuant to paragraph 15 (1). 16 SEC. 30546. REPORTING OF COVID–19 TESTING RESULTS. 17 (a) IN GENERAL.—Every laboratory that performs or 18 analyzes a test that is intended to detect SARS–CoV–2 19 or to diagnose a possible case of COVID–19 shall report 20 daily the number of tests performed and the results from 21 each such test to the Secretary of Health and Human 22 Services and to the Secretary of Homeland Security, in 23 such form and manner as such Secretaries may prescribe. 24 Such information shall be made available to the public in 25 519 •HR 6800 EH a searchable, electronic format as soon as is practicable, 1 and in no case later than one week after such information 2 is received. 3 (b) ADDITIONAL REPORTING REQUIREMENTS.—The 4 Secretaries specified in subsection (a)— 5 (1) may specify additional reporting require- 6 ments under this section by regulation, including by 7 interim final rule, or by guidance; and 8 (2) may issue such regulations or guidance 9 without regard to the procedures otherwise required 10 by section 553 of title 5, United States Code. 11 SEC. 30547. GAO REPORT ON DIAGNOSTIC TESTS. 12 (a) GAO STUDY.—Not later than 18 months after 13 the date of enactment of this Act, the Comptroller General 14 of the United States shall submit to the Committee on 15 Energy and Commerce of the House of Representatives 16 and the Committee on Health, Education, Labor and Pen- 17 sions of the Senate a report describing the response of 18 entities described in subsection (b) to the COVID–19 pan- 19 demic with respect to the development, regulatory evalua- 20 tion, and deployment of diagnostic tests. 21 (b) ENTITIES DESCRIBED.—Entities described in 22 this subsection include— 23 (1) laboratories, including public health, aca- 24 demic, clinical, and commercial laboratories; 25 520 •HR 6800 EH (2) diagnostic test manufacturers; 1 (3) State, local, Tribal, and territorial govern- 2 ments; and 3 (4) the Food and Drug Administration, the 4 Centers for Disease Control and Prevention, the 5 Centers for Medicare & Medicaid Services, the Na- 6 tional Institutes of Health, and other relevant Fed- 7 eral agencies, as appropriate. 8 (c) CONTENTS.—The report under subsection (a) 9 shall include— 10 (1) a description of actions taken by entities de- 11 scribed in subsection (b) to develop, evaluate, and 12 deploy diagnostic tests; 13 (2) an assessment of the coordination of Fed- 14 eral agencies in the development, regulatory evalua- 15 tion, and deployment of diagnostic tests; 16 (3) an assessment of the standards used by the 17 Food and Drug Administration to evaluate diag- 18 nostic tests; 19 (4) an assessment of the clarity of Federal 20 agency guidance related to testing, including the 21 ability for individuals without medical training to 22 understand which diagnostic tests had been evalu- 23 ated by the Food and Drug Administration; 24 (5) a description of— 25 521 •HR 6800 EH (A) actions taken and clinical processes 1 employed by States and territories that have 2 authorized laboratories to develop and perform 3 diagnostic tests not authorized, approved, or 4 cleared by the Food and Drug Administration, 5 including actions of such States and territories 6 to evaluate the accuracy and sensitivity of such 7 tests; and 8 (B) the standards used by States and ter- 9 ritories when deciding when to authorize labora- 10 tories to develop or perform diagnostic tests; 11 (6) an assessment of the steps taken by labora- 12 tories and diagnostic test manufacturers to validate 13 diagnostic tests, as well as the evidence collected by 14 such entities to support validation; and 15 (7) based on available reports, an assessment of 16 the accuracy and sensitivity of a representative sam- 17 ple of available diagnostic tests. 18 (d) DEFINITION.—In this section, the term ‘‘diag- 19 nostic test’’ means an in vitro diagnostic product (as de- 20 fined in section 809.3(a) of title 21, Code of Federal Regu- 21 lations) for— 22 (1) the detection of SARS–CoV–2; 23 (2) the diagnosis of the virus that causes 24 COVID–19; or 25 522 •HR 6800 EH (3) the detection of antibodies specific to 1 SARS–CoV–2, such as a serological test. 2 SEC. 30548. PUBLIC HEALTH DATA SYSTEM TRANS- 3 FORMATION. 4 Subtitle C of title XXVIII of the Public Health Serv- 5 ice Act (42 U.S.C. 300hh–31 et seq.) is amended by add- 6 ing at the end the following: 7 ‘‘SEC. 2822. PUBLIC HEALTH DATA SYSTEM TRANS- 8 FORMATION. 9 ‘‘(a) EXPANDING CDC AND PUBLIC HEALTH DE- 10 PARTMENT CAPABILITIES.— 11 ‘‘(1) IN GENERAL.—The Secretary, acting 12 through the Director of the Centers for Disease 13 Control and Prevention, shall— 14 ‘‘(A) conduct activities to expand, enhance, 15 and improve applicable public health data sys- 16 tems used by the Centers for Disease Control 17 and Prevention, related to the interoperability 18 and improvement of such systems (including as 19 it relates to preparedness for, prevention and 20 detection of, and response to public health 21 emergencies); and 22 ‘‘(B) award grants or cooperative agree- 23 ments to State, local, Tribal, or territorial pub- 24 lic health departments for the expansion and 25 523 •HR 6800 EH modernization of public health data systems, to 1 assist public health departments in— 2 ‘‘(i) assessing current data infrastruc- 3 ture capabilities and gaps to improve and 4 increase consistency in data collection, 5 storage, and analysis and, as appropriate, 6 to improve dissemination of public health- 7 related information; 8 ‘‘(ii) improving secure public health 9 data collection, transmission, exchange, 10 maintenance, and analysis; 11 ‘‘(iii) improving the secure exchange 12 of data between the Centers for Disease 13 Control and Prevention, State, local, Trib- 14 al, and territorial public health depart- 15 ments, public health organizations, and 16 health care providers, including by public 17 health officials in multiple jurisdictions 18 within such State, as appropriate, and by 19 simplifying and supporting reporting by 20 health care providers, as applicable, pursu- 21 ant to State law, including through the use 22 of health information technology; 23 ‘‘(iv) enhancing the interoperability of 24 public health data systems (including sys- 25 524 •HR 6800 EH tems created or accessed by public health 1 departments) with health information tech- 2 nology, including with health information 3 technology certified under section 4 3001(c)(5); 5 ‘‘(v) supporting and training data sys- 6 tems, data science, and informatics per- 7 sonnel; 8 ‘‘(vi) supporting earlier disease and 9 health condition detection, such as through 10 near real-time data monitoring, to support 11 rapid public health responses; 12 ‘‘(vii) supporting activities within the 13 applicable jurisdiction related to the expan- 14 sion and modernization of electronic case 15 reporting; and 16 ‘‘(viii) developing and disseminating 17 information related to the use and impor- 18 tance of public health data. 19 ‘‘(2) DATA STANDARDS.—In carrying out para- 20 graph (1), the Secretary, acting through the Direc- 21 tor of the Centers for Disease Control and Preven- 22 tion, shall, as appropriate and in consultation with 23 the Office of the National Coordinator for Health 24 Information Technology, designate data and tech- 25 525 •HR 6800 EH nology standards (including standards for interoper- 1 ability) for public health data systems, with def- 2 erence given to standards published by consensus- 3 based standards development organizations with 4 public input and voluntary consensus-based stand- 5 ards bodies. 6 ‘‘(3) PUBLIC-PRIVATE PARTNERSHIPS.—The 7 Secretary may develop and utilize public-private 8 partnerships for technical assistance, training, and 9 related implementation support for State, local, 10 Tribal, and territorial public health departments, 11 and the Centers for Disease Control and Prevention, 12 on the expansion and modernization of electronic 13 case reporting and public health data systems, as 14 applicable. 15 ‘‘(b) REQUIREMENTS.— 16 ‘‘(1) HEALTH INFORMATION TECHNOLOGY 17 STANDARDS.—The Secretary may not award a grant 18 or cooperative agreement under subsection (a)(1)(B) 19 unless the applicant uses or agrees to use standards 20 endorsed by the National Coordinator for Health In- 21 formation Technology pursuant to section 22 3001(c)(1) or adopted by the Secretary under sec- 23 tion 3004. 24 526 •HR 6800 EH ‘‘(2) WAIVER.—The Secretary may waive the 1 requirement under paragraph (1) with respect to an 2 applicant if the Secretary determines that the activi- 3 ties under subsection (a)(1)(B) cannot otherwise be 4 carried out within the applicable jurisdiction. 5 ‘‘(3) APPLICATION.—A State, local, Tribal, or 6 territorial health department applying for a grant or 7 cooperative agreement under this section shall sub- 8 mit an application to the Secretary at such time and 9 in such manner as the Secretary may require. Such 10 application shall include information describing— 11 ‘‘(A) the activities that will be supported 12 by the grant or cooperative agreement; and 13 ‘‘(B) how the modernization of the public 14 health data systems involved will support or im- 15 pact the public health infrastructure of the 16 health department, including a description of 17 remaining gaps, if any, and the actions needed 18 to address such gaps. 19 ‘‘(c) STRATEGY AND IMPLEMENTATION PLAN.—Not 20 later than 180 days after the date of enactment of this 21 section, the Secretary, acting through the Director of the 22 Centers for Disease Control and Prevention, shall submit 23 to the Committee on Health, Education, Labor and Pen- 24 sions of the Senate and the Committee on Energy and 25 527 •HR 6800 EH Commerce of the House of Representatives a coordinated 1 strategy and an accompanying implementation plan that 2 identifies and demonstrates the measures the Secretary 3 will utilize to— 4 ‘‘(1) update and improve applicable public 5 health data systems used by the Centers for Disease 6 Control and Prevention; and 7 ‘‘(2) carry out the activities described in this 8 section to support the improvement of State, local, 9 Tribal, and territorial public health data systems. 10 ‘‘(d) CONSULTATION.—The Secretary, acting 11 through the Director of the Centers for Disease Control 12 and Prevention, shall consult with State, local, Tribal, and 13 territorial health departments, professional medical and 14 public health associations, associations representing hos- 15 pitals or other health care entities, health information 16 technology experts, and other appropriate public or private 17 entities regarding the plan and grant program to mod- 18 ernize public health data systems pursuant to this section. 19 Activities under this subsection may include the provision 20 of technical assistance and training related to the ex- 21 change of information by such public health data systems 22 used by relevant health care and public health entities at 23 the local, State, Federal, Tribal, and territorial levels, and 24 the development and utilization of public-private partner- 25 528 •HR 6800 EH ships for implementation support applicable to this sec- 1 tion. 2 ‘‘(e) REPORT TO CONGRESS.—Not later than 1 year 3 after the date of enactment of this section, the Secretary 4 shall submit a report to the Committee on Health, Edu- 5 cation, Labor and Pensions of the Senate and the Com- 6 mittee on Energy and Commerce of the House of Rep- 7 resentatives that includes— 8 ‘‘(1) a description of any barriers to— 9 ‘‘(A) public health authorities imple- 10 menting interoperable public health data sys- 11 tems and electronic case reporting; 12 ‘‘(B) the exchange of information pursuant 13 to electronic case reporting; or 14 ‘‘(C) reporting by health care providers 15 using such public health data systems, as ap- 16 propriate, and pursuant to State law; 17 ‘‘(2) an assessment of the potential public 18 health impact of implementing electronic case re- 19 porting and interoperable public health data sys- 20 tems; and 21 ‘‘(3) a description of the activities carried out 22 pursuant to this section. 23 ‘‘(f) ELECTRONIC CASE REPORTING.—In this sec- 24 tion, the term ‘electronic case reporting’ means the auto- 25 529 •HR 6800 EH mated identification, generation, and bilateral exchange of 1 reports of health events among electronic health record or 2 health information technology systems and public health 3 authorities. 4 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To 5 carry out this section, there are authorized to be appro- 6 priated $450,000,000 to remain available until ex- 7 pended.’’. 8 SEC. 30549. PILOT PROGRAM TO IMPROVE LABORATORY IN- 9 FRASTRUCTURE. 10 (a) IN GENERAL.—The Secretary shall award grants 11 to States and political subdivisions of States to support 12 the improvement, renovation, or modernization of infra- 13 structure at clinical laboratories (as defined in section 353 14 of the Public Health Service Act (42 U.S.C. 263a)) that 15 will help to improve SARS–CoV–2 and COVID–19 testing 16 and response activities, including the expansion and en- 17 hancement of testing capacity at such laboratories. 18 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 19 out this section, there is authorized to be appropriated 20 $1,000,000,000 to remain available until expended. 21 530 •HR 6800 EH SEC. 30550. CORE PUBLIC HEALTH INFRASTRUCTURE FOR 1 STATE, LOCAL, TRIBAL, AND TERRITORIAL 2 HEALTH DEPARTMENTS. 3 (a) PROGRAM.—The Secretary, acting through the 4 Director of the Centers for Disease Control and Preven- 5 tion, shall establish a core public health infrastructure 6 program consisting of awarding grants under subsection 7 (b). 8 (b) GRANTS.— 9 (1) AWARD.—For the purpose of addressing 10 core public health infrastructure needs, the Sec- 11 retary— 12 (A) shall award a grant to each State 13 health department; and 14 (B) may award grants on a competitive 15 basis to State, local, Tribal, or territorial health 16 departments. 17 (2) ALLOCATION.—Of the total amount of 18 funds awarded as grants under this subsection for a 19 fiscal year— 20 (A) not less than 50 percent shall be for 21 grants to State health departments under para- 22 graph (1)(A); and 23 (B) not less than 30 percent shall be for 24 grants to State, local, Tribal, or territorial 25 health departments under paragraph (1)(B). 26 531 •HR 6800 EH (c) USE OF FUNDS.—A State, local, Tribal, or terri- 1 torial health department receiving a grant under sub- 2 section (b) shall use the grant funds to address core public 3 health infrastructure needs, including those identified in 4 the accreditation process under subsection (g). 5 (d) FORMULA GRANTS TO STATE HEALTH DEPART- 6 MENTS.—In making grants under subsection (b)(1)(A), 7 the Secretary shall award funds to each State health de- 8 partment in accordance with— 9 (1) a formula based on population size; burden 10 of preventable disease and disability; and core public 11 health infrastructure gaps, including those identified 12 in the accreditation process under subsection (g); 13 and 14 (2) application requirements established by the 15 Secretary, including a requirement that the State 16 health department submit a plan that demonstrates 17 to the satisfaction of the Secretary that the State’s 18 health department will— 19 (A) address its highest priority core public 20 health infrastructure needs; and 21 (B) as appropriate, allocate funds to local 22 health departments within the State. 23 (e) COMPETITIVE GRANTS TO STATE, LOCAL, TRIB- 24 AL, AND TERRITORIAL HEALTH DEPARTMENTS.—In 25 532 •HR 6800 EH making grants under subsection (b)(1)(B), the Secretary 1 shall give priority to applicants demonstrating core public 2 health infrastructure needs identified in the accreditation 3 process under subsection (g). 4 (f) MAINTENANCE OF EFFORT.—The Secretary may 5 award a grant to an entity under subsection (b) only if 6 the entity demonstrates to the satisfaction of the Sec- 7 retary that— 8 (1) funds received through the grant will be ex- 9 pended only to supplement, and not supplant, non- 10 Federal and Federal funds otherwise available to the 11 entity for the purpose of addressing core public 12 health infrastructure needs; and 13 (2) with respect to activities for which the grant 14 is awarded, the entity will maintain expenditures of 15 non-Federal amounts for such activities at a level 16 not less than the level of such expenditures main- 17 tained by the entity for the fiscal year preceding the 18 fiscal year for which the entity receives the grant. 19 (g) ESTABLISHMENT OF A PUBLIC HEALTH ACCRED- 20 ITATION PROGRAM.— 21 (1) IN GENERAL.—The Secretary shall— 22 (A) develop, and periodically review and 23 update, standards for voluntary accreditation of 24 State, local, Tribal, and territorial health de- 25 533 •HR 6800 EH partments and public health laboratories for the 1 purpose of advancing the quality and perform- 2 ance of such departments and laboratories; and 3 (B) implement a program to accredit such 4 health departments and laboratories in accord- 5 ance with such standards. 6 (2) COOPERATIVE AGREEMENT.—The Secretary 7 may enter into a cooperative agreement with a pri- 8 vate nonprofit entity to carry out paragraph (1). 9 (h) REPORT.—The Secretary shall submit to the Con- 10 gress an annual report on progress being made to accredit 11 entities under subsection (g), including— 12 (1) a strategy, including goals and objectives, 13 for accrediting entities under subsection (g) and 14 achieving the purpose described in subsection 15 (g)(1)(A); 16 (2) identification of gaps in research related to 17 core public health infrastructure; and 18 (3) recommendations of priority areas for such 19 research. 20 (i) DEFINITION.—In this section, the term ‘‘core pub- 21 lic health infrastructure’’ includes— 22 (1) workforce capacity and competency; 23 (2) laboratory systems; 24 534 •HR 6800 EH (3) testing capacity, including test platforms, 1 mobile testing units, and personnel; 2 (4) health information, health information sys- 3 tems, and health information analysis; 4 (5) disease surveillance; 5 (6) contact tracing; 6 (7) communications; 7 (8) financing; 8 (9) other relevant components of organizational 9 capacity; and 10 (10) other related activities. 11 (j) AUTHORIZATION OF APPROPRIATIONS.—To carry 12 out this section, there are authorized to be appropriated 13 $6,000,000,000, to remain available until expended. 14 SEC. 30551. CORE PUBLIC HEALTH INFRASTRUCTURE AND 15 ACTIVITIES FOR CDC. 16 (a) IN GENERAL.—The Secretary, acting through the 17 Director of the Centers for Disease Control and Preven- 18 tion, shall expand and improve the core public health in- 19 frastructure and activities of the Centers for Disease Con- 20 trol and Prevention to address unmet and emerging public 21 health needs. 22 (b) REPORT.—The Secretary shall submit to the Con- 23 gress an annual report on the activities funded through 24 this section. 25 535 •HR 6800 EH (c) DEFINITION.—In this section, the term ‘‘core 1 public health infrastructure’’ has the meaning given to 2 such term in section 30550. 3 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 4 out this section, there is authorized to be appropriated 5 $1,000,000,000, to remain available until expended. 6 Subtitle D—COVID–19 National 7 Testing and Contact Tracing 8 Initiative 9 SEC. 30561. NATIONAL SYSTEM FOR COVID–19 TESTING, 10 CONTACT TRACING, SURVEILLANCE, CON- 11 TAINMENT, AND MITIGATION. 12 (a) IN GENERAL.—The Secretary, acting through the 13 Director of the Centers for Disease Control and Preven- 14 tion, and in coordination with State, local, Tribal, and ter- 15 ritorial health departments, shall establish and implement 16 a nationwide evidence-based system for— 17 (1) testing, contact tracing, surveillance, con- 18 tainment, and mitigation with respect to COVID–19; 19 (2) offering guidance on voluntary isolation and 20 quarantine of individuals infected with, or exposed to 21 individuals infected with, the virus that causes 22 COVID–19; and 23 536 •HR 6800 EH (3) public reporting on testing, contact tracing, 1 surveillance, and voluntary isolation and quarantine 2 activities with respect to COVID–19. 3 (b) COORDINATION; TECHNICAL ASSISTANCE.—In 4 carrying out the national system under this section, the 5 Secretary shall— 6 (1) coordinate State, local, Tribal, and terri- 7 torial activities related to testing, contact tracing, 8 surveillance, containment, and mitigation with re- 9 spect to COVID–19, as appropriate; and 10 (2) provide technical assistance for such activi- 11 ties, as appropriate. 12 (c) CONSIDERATION.—In establishing and imple- 13 menting the national system under this section, the Sec- 14 retary shall take into consideration— 15 (1) the State plans referred to in the heading 16 ‘‘Public Health and Social Services Emergency 17 Fund’’ in title I of division B of the Paycheck Pro- 18 tection Program and Health Care Enhancement Act 19 (Public Law 116–139); and 20 (2) the testing strategy submitted under section 21 30541. 22 (d) REPORTING.—The Secretary shall— 23 (1) not later than December 31, 2020, submit 24 to the Committee on Energy and Commerce of the 25 537 •HR 6800 EH House of Representatives and the Committee on 1 Health, Education, Labor and Pensions a prelimi- 2 nary report on the effectiveness of the activities car- 3 ried out pursuant to this subtitle; and 4 (2) not later than December 21, 2021, submit 5 to such committees a final report on such effective- 6 ness. 7 SEC. 30562. GRANTS. 8 (a) IN GENERAL.—To implement the national system 9 under section 30561, the Secretary, acting through the 10 Director of the Centers for Disease Control and Preven- 11 tion, shall, subject to the availability of appropriations, 12 award grants to State, local, Tribal, and territorial health 13 departments that seek grants under this section to carry 14 out coordinated testing, contact tracing, surveillance, con- 15 tainment, and mitigation with respect to COVID–19, in- 16 cluding— 17 (1) diagnostic and surveillance testing and re- 18 porting; 19 (2) community-based contact tracing efforts; 20 and 21 (3) policies related to voluntary isolation and 22 quarantine of individuals infected with, or exposed to 23 individuals infected with, the virus that causes 24 COVID–19. 25 538 •HR 6800 EH (b) FLEXIBILITY.—The Secretary shall ensure that— 1 (1) the grants under subsection (a) provide 2 flexibility for State, local, Tribal, and territorial 3 health departments to modify, establish, or maintain 4 evidence-based systems; and 5 (2) local health departments receive funding 6 from State health departments or directly from the 7 Centers for Disease Control and Prevention to con- 8 tribute to such systems, as appropriate. 9 (c) ALLOCATIONS.— 10 (1) FORMULA.—The Secretary, acting through 11 the Director of the Centers for Disease Control and 12 Prevention, shall allocate amounts made available 13 pursuant to subsection (a) in accordance with a for- 14 mula to be established by the Secretary that pro- 15 vides a minimum level of funding to each State, 16 local, Tribal, and territorial health department that 17 seeks a grant under this section and allocates addi- 18 tional funding based on the following prioritization: 19 (A) The Secretary shall give highest pri- 20 ority to applicants proposing to serve popu- 21 lations in one or more geographic regions with 22 a high burden of COVID–19 based on data pro- 23 vided by the Centers for Disease Control and 24 539 •HR 6800 EH Prevention, or other sources as determined by 1 the Secretary. 2 (B) The Secretary shall give second high- 3 est priority to applicants preparing for, or cur- 4 rently working to mitigate, a COVID–19 surge 5 in a geographic region that does not yet have 6 a high number of reported cases of COVID–19 7 based on data provided by the Centers for Dis- 8 ease Control and Prevention, or other sources 9 as determined by the Secretary. 10 (C) The Secretary shall give third highest 11 priority to applicants proposing to serve high 12 numbers of low-income and uninsured popu- 13 lations, including medically underserved popu- 14 lations (as defined in section 330(b)(3) of the 15 Public Health Service Act (42 U.S.C. 16 254b(b)(3))), health professional shortage areas 17 (as defined under section 332(a) of the Public 18 Health Service Act (42 U.S.C. 254e(a))), racial 19 and ethnic minorities, or geographically diverse 20 areas, as determined by the Secretary. 21 (2) NOTIFICATION.—Not later than the date 22 that is one week before first awarding grants under 23 this section, the Secretary shall submit to the Com- 24 mittee on Energy and Commerce of the House of 25 540 •HR 6800 EH Representatives and the Committee on Health, Edu- 1 cation, Labor and Pensions of the Senate a notifica- 2 tion detailing the formula established under para- 3 graph (1) for allocating amounts made available pur- 4 suant to subsection (a). 5 (d) USE OF FUNDS.—A State, local, Tribal, and ter- 6 ritorial health department receiving a grant under this 7 section shall, to the extent possible, use the grant funds 8 for the following activities, or other activities deemed ap- 9 propriate by the Director of the Centers for Disease Con- 10 trol and Prevention: 11 (1) TESTING.—To implement a coordinated 12 testing system that— 13 (A) leverages or modernizes existing test- 14 ing infrastructure and capacity; 15 (B) is consistent with the updated testing 16 strategy required under section 30541; 17 (C) is coordinated with the State plan for 18 COVID–19 testing prepared as required under 19 the heading ‘‘Department of Health and 20 Human Services—Office of the Secretary— 21 Public Health and Social Service Emergency 22 Fund’’ in title I of division B of the Paycheck 23 Protection Program and Health Care Enhance- 24 541 •HR 6800 EH ment Act (Public Law 116–139; 134 Stat. 620, 1 624); 2 (D) is informed by contact tracing and 3 surveillance activities under this subtitle; 4 (E) is informed by guidelines established 5 by the Centers for Disease Control and Preven- 6 tion for which populations should be tested; 7 (F) identifies how diagnostic and sero- 8 logical tests in such system shall be validated 9 prior to use; 10 (G) identifies how diagnostic and sero- 11 logical tests and testing supplies will be distrib- 12 uted to implement such system; 13 (H) identifies specific strategies for ensur- 14 ing testing capabilities and accessibility in 15 medically underserved populations (as defined 16 in section 330(b)(3) of the Public Health Serv- 17 ice Act (42 U.S.C. 254b(b)(3))), health profes- 18 sional shortage areas (as defined under section 19 332(a) of the Public Health Service Act (42 20 U.S.C. 254e(a))), racial and ethnic minority 21 populations, and geographically diverse areas, 22 as determined by the Secretary; 23 (I) identifies how testing may be used, and 24 results may be reported, in both health care set- 25 542 •HR 6800 EH tings (such as hospitals, laboratories for mod- 1 erate or high-complexity testing, pharmacies, 2 mobile testing units, and community health cen- 3 ters) and non-health care settings (such as 4 workplaces, schools, childcare centers, or drive- 5 throughs); 6 (J) allows for testing in sentinel surveil- 7 lance programs, as appropriate; and 8 (K) supports the procurement and dis- 9 tribution of diagnostic and serological tests and 10 testing supplies to meet the goals of the system. 11 (2) CONTACT TRACING.—To implement a co- 12 ordinated contact tracing system that— 13 (A) leverages or modernizes existing con- 14 tact tracing systems and capabilities, including 15 community health workers, health departments, 16 and Federally qualified health centers; 17 (B) is able to investigate cases of COVID– 18 19, and help to identify other potential cases of 19 COVID–19, through tracing contacts of individ- 20 uals with positive diagnoses; 21 (C) establishes culturally competent and 22 multilingual strategies for contact tracing, 23 which may include consultation with and sup- 24 543 •HR 6800 EH port for cultural or civic organizations with es- 1 tablished ties to the community; 2 (D) provides individuals identified under 3 the contact tracing program with information 4 and support for containment or mitigation; 5 (E) enables State, local, Tribal, and terri- 6 torial health departments to work with a non- 7 governmental, community partner or partners 8 and State and local workforce development sys- 9 tems (as defined in section 3(67) of Workforce 10 Innovation and Opportunity Act (29 U.S.C. 11 3102(67))) receiving grants under section 12 30566(b) of this Act to hire and compensate a 13 locally-sourced contact tracing workforce, if 14 necessary, to supplement the public health 15 workforce, to— 16 (i) identify the number of contact 17 tracers needed for the respective State, lo- 18 cality, territorial, or Tribal health depart- 19 ment to identify all cases of COVID–19 20 currently in the jurisdiction and those an- 21 ticipated to emerge over the next 18 22 months in such jurisdiction; 23 (ii) outline qualifications necessary for 24 contact tracers; 25 544 •HR 6800 EH (iii) train the existing and newly hired 1 public health workforce on best practices 2 related to tracing close contacts of individ- 3 uals diagnosed with COVID–19, including 4 the protection of individual privacy and cy- 5 bersecurity protection; and 6 (iv) equip the public health workforce 7 with tools and resources to enable a rapid 8 response to new cases; 9 (F) identifies the level of contact tracing 10 needed within the State, locality, territory, or 11 Tribal area to contain and mitigate the trans- 12 mission of COVID–19; 13 (G) establishes statewide mechanisms to 14 integrate regular evaluation to the Centers for 15 Disease Control and Prevention regarding con- 16 tact tracing efforts, makes such evaluation pub- 17 licly available, and to the extent possible pro- 18 vides for such evaluation at the county level; 19 and 20 (H) identifies specific strategies for ensur- 21 ing contact tracing activities in medically un- 22 derserved populations (as defined in section 23 330(b)(3) of the Public Health Service Act (42 24 U.S.C. 254b(b)(3))), health professional short- 25 545 •HR 6800 EH age areas (as defined under section 332(a) of 1 the Public Health Service Act (42 U.S.C. 2 254e(a))), racial and ethnic minority popu- 3 lations, and geographically diverse areas, as de- 4 termined by the Secretary. 5 (3) SURVEILLANCE.—To strengthen the exist- 6 ing public health surveillance system that— 7 (A) leverages or modernizes existing sur- 8 veillance systems within the respective State, 9 local, Tribal, or territorial health department 10 and national surveillance systems; 11 (B) detects and identifies trends in 12 COVID–19 at the county level; 13 (C) evaluates State, local, Tribal, and ter- 14 ritorial health departments in achieving surveil- 15 lance capabilities with respect to COVID–19; 16 (D) integrates and improves disease sur- 17 veillance and immunization tracking; and 18 (E) identifies specific strategies for ensur- 19 ing disease surveillance in medically under- 20 served populations (as defined in section 21 330(b)(3) of the Public Health Service Act (42 22 U.S.C. 254b(b)(3))), health professional short- 23 age areas (as defined under section 332(a) of 24 the Public Health Service Act (42 U.S.C. 25 546 •HR 6800 EH 254e(a))), racial and ethnic minority popu- 1 lations, and geographically diverse areas, as de- 2 termined by the Secretary. 3 (4) CONTAINMENT AND MITIGATION.—To im- 4 plement a coordinated containment and mitigation 5 system that— 6 (A) leverages or modernizes existing con- 7 tainment and mitigation strategies within the 8 respective State, local, Tribal, or territorial gov- 9 ernments and national containment and mitiga- 10 tion strategies; 11 (B) may provide for, connect to, and lever- 12 age existing social services and support for indi- 13 viduals who have been infected with or exposed 14 to COVID–19 and who are isolated or quar- 15 antined in their homes, such as through— 16 (i) food assistance programs; 17 (ii) guidance for household infection 18 control; 19 (iii) information and assistance with 20 childcare services; and 21 (iv) information and assistance per- 22 taining to support available under the 23 CARES Act (Public Law 116–136) and 24 this Act; 25 547 •HR 6800 EH (C) provides guidance on the establishment 1 of safe, high-quality, facilities for the voluntary 2 isolation of individuals infected with, or quar- 3 antine of the contacts of individuals exposed to 4 COVID–19, where hospitalization is not re- 5 quired, which facilities should— 6 (i) be prohibited from making inquir- 7 ies relating to the citizenship status of an 8 individual isolated or quarantined; and 9 (ii) be operated by a non-Federal, 10 community partner or partners that— 11 (I) have previously established re- 12 lationships in localities; 13 (II) work with local places of 14 worship, community centers, medical 15 facilities, and schools to recruit local 16 staff for such facilities; and 17 (III) are fully integrated into 18 State, local, Tribal, or territorial con- 19 tainment and mitigation efforts; and 20 (D) identifies specific strategies for ensur- 21 ing containment and mitigation activities in 22 medically underserved populations (as defined 23 in section 330(b)(3) of the Public Health Serv- 24 ice Act (42 U.S.C. 254b(b)(3))), health profes- 25 548 •HR 6800 EH sional shortage areas (as defined under section 1 332(a) of the Public Health Service Act (42 2 U.S.C. 254e(a))), racial and ethnic minority 3 populations, and geographically diverse areas, 4 as determined by the Secretary. 5 (e) REPORTING.—The Secretary shall facilitate 6 mechanisms for timely, standardized reporting by grantees 7 under this section regarding implementation of the sys- 8 tems established under this section and coordinated proc- 9 esses with the reporting as required and under the heading 10 ‘‘Department of Health and Human Services—Office of 11 the Secretary—Public Health and Social Service Emer- 12 gency Fund’’ in title I of division B of the Paycheck Pro- 13 tection Program and Health Care Enhancement Act (Pub- 14 lic Law 116–139, 134 Stat. 620), including— 15 (1) a summary of county or local health depart- 16 ment level information from the States receiving 17 funding, and information from directly funded local- 18 ities, territories, and Tribal entities, about the activi- 19 ties that will be undertaken using funding awarded 20 under this section, including subgrants; 21 (2) any anticipated shortages of required mate- 22 rials for testing for COVID–19 under subsection (a); 23 and 24 549 •HR 6800 EH (3) other barriers in the prevention, mitigation, 1 or treatment of COVID–19 under this section. 2 (f) PUBLIC LISTING OF AWARDS.—The Secretary 3 shall— 4 (1) not later than 7 days after first awarding 5 grants under this section, post in a searchable, elec- 6 tronic format a list of all awards made by the Sec- 7 retary under this section, including the recipients 8 and amounts of such awards; and 9 (2) update such list not less than every 7 days 10 until all funds made available to carry out this sec- 11 tion are expended. 12 SEC. 30563. GUIDANCE, TECHNICAL ASSISTANCE, INFORMA- 13 TION, AND COMMUNICATION. 14 (a) IN GENERAL.— Not later than 14 days after the 15 date of the enactment of this Act, the Secretary, in coordi- 16 nation with other Federal agencies, as appropriate, shall 17 issue guidance, provide technical assistance, and provide 18 information to States, localities, Tribes, and territories, 19 with respect to the following: 20 (1) The diagnostic and serological testing of in- 21 dividuals identified through contact tracing for 22 COVID–19, including information with respect to 23 the reduction of duplication related to programmatic 24 activities, reporting, and billing. 25 550 •HR 6800 EH (2) Best practices regarding contact tracing, in- 1 cluding the collection of data with respect to such 2 contact tracing and requirements related to the 3 standardization of demographic and syndromic infor- 4 mation collected as part of contact tracing efforts. 5 (3) Best practices regarding COVID–19 disease 6 surveillance, including best practices to reduce dupli- 7 cation in surveillance activities, identifying gaps in 8 surveillance and surveillance systems, and ways in 9 which the Secretary plans to effectively support 10 State, local, Tribal and territorial health depart- 11 ments in addressing such gaps. 12 (4) Information on ways for State, local, Tribal, 13 and territorial health departments to establish and 14 maintain the testing, contact tracing, and surveil- 15 lance activities described in paragraphs (1) through 16 (3). 17 (5) The protection of any personally identifiable 18 health information collected pursuant to this sub- 19 title. 20 (6) Best practices regarding privacy and cyber- 21 security protection related to contact tracing, con- 22 tainment, and mitigation efforts. 23 (b) GUIDANCE ON PAYMENT.—Not later than 14 24 days after the date of the enactment of this Act, the Sec- 25 551 •HR 6800 EH retary, in coordination with the Administrator of the Cen- 1 ters for Medicare & Medicaid Services, the Director of the 2 Centers for Disease Control and Prevention, and in coordi- 3 nation with other Federal agencies, as appropriate, shall 4 develop and issue to State, local, Tribal, and territorial 5 health departments clear guidance and policies— 6 (1) with respect to the coordination of claims 7 submitted for payment out of the Public Health and 8 Social Services Emergency Fund for services fur- 9 nished in a facility referred to in section 10 30562(d)(4)(C); 11 (2) identifying how an individual who is isolated 12 or quarantined at home or in such a facility— 13 (A) incurs no out-of-pocket costs for any 14 services furnished to such individual while iso- 15 lated; and 16 (B) may receive income support for lost 17 earnings or payments for expenses such as child 18 care or elder care while such individual is iso- 19 lated at home or in such a facility; 20 (3) providing information and assistance per- 21 taining to support available under the CARES Act 22 (Public Law 116–136) and this Act; and 23 (4) identifying State, local, Tribal, and terri- 24 torial health departments or partner agencies that 25 552 •HR 6800 EH may provide social support services, such as gro- 1 ceries or meals, health education, internet access, 2 and behavioral health services, to individuals who 3 isolated or quarantined at home or in such a facility. 4 (c) GUIDANCE ON TESTING.—Not later than 14 days 5 after the date of the enactment of this Act, the Secretary, 6 in coordination with the Commissioner of Food and 7 Drugs, the Director of the National Institutes of Health, 8 and the Director of the Centers for Disease Control and 9 Prevention, and in coordination with other Federal agen- 10 cies as appropriate, shall develop and issue to State, local, 11 Tribal, and territorial health departments clear guidance 12 and policies regarding— 13 (1) objective standards to characterize the per- 14 formance of all diagnostic and serological tests for 15 COVID–19 in order to independently evaluate tests 16 continuously over time; 17 (2) protocols for the evaluation of the perform- 18 ance of diagnostic and serological tests for COVID– 19 19; and 20 (3) a repository of characterized specimens to 21 use to evaluate the performance of those tests that 22 can be made available for appropriate entities to use 23 to evaluate performance. 24 553 •HR 6800 EH (d) COMMUNICATION.—The Secretary shall identify 1 and publicly announce the form and manner for commu- 2 nication with State, local, Tribal, and territorial health de- 3 partments for purposes of carrying out the activities ad- 4 dressed by guidance issued under subsections (a) and (b). 5 (e) AVAILABILITY TO PROVIDERS.—Guidance issued 6 under subsection (a)(1) shall be issued to health care pro- 7 viders. 8 (f) ONGOING PROVISION OF GUIDANCE AND TECH- 9 NICAL ASSISTANCE.—Notwithstanding whether funds are 10 available specifically to carry out this subtitle, guidance 11 and technical assistance shall continue to be provided 12 under this section. 13 SEC. 30564. RESEARCH AND DEVELOPMENT. 14 The Secretary, in coordination with the Director of 15 the Centers for Disease Control and Prevention and in col- 16 laboration with the Director of the National Institutes of 17 Health, the Director of the Agency for Healthcare Re- 18 search and Quality, the Commissioner of Food and Drugs, 19 and the Administrator of the Centers for Medicare & Med- 20 icaid Services, shall support research and development on 21 more efficient and effective strategies— 22 (1) for the surveillance of SARS–CoV–2 and 23 COVID–19; 24 554 •HR 6800 EH (2) for the testing and identification of individ- 1 uals infected with COVID–19; and 2 (3) for the tracing of contacts of individuals in- 3 fected with COVID–19. 4 SEC. 30565. AWARENESS CAMPAIGNS. 5 The Secretary, acting through the Director of the 6 Centers for Disease Control and Prevention and in coordi- 7 nation with other offices and agencies, as appropriate, 8 shall award competitive grants or contracts to one or more 9 public or private entities, including faith-based organiza- 10 tions, to carry out multilingual and culturally appropriate 11 awareness campaigns. Such campaigns shall— 12 (1) be based on available scientific evidence; 13 (2) increase awareness and knowledge of 14 COVID–19, including countering stigma associated 15 with COVID–19; 16 (3) improve information on the availability of 17 COVID–19 diagnostic testing; and 18 (4) promote cooperation with contact tracing ef- 19 forts. 20 SEC. 30566. GRANTS TO STATE AND TRIBAL WORKFORCE 21 AGENCIES. 22 (a) DEFINITIONS.—In this section: 23 (1) IN GENERAL.—Except as otherwise pro- 24 vided, the terms in this section have the meanings 25 555 •HR 6800 EH given the terms in section 3 of the Workforce Inno- 1 vation and Opportunity Act (29 U.S.C. 3102). 2 (2) APPRENTICESHIP; APPRENTICESHIP PRO- 3 GRAM.—The term ‘‘apprenticeship’’ or ‘‘apprentice- 4 ship program’’ means an apprenticeship program 5 registered under the Act of August 16, 1937 (com- 6 monly known as the ‘‘National Apprenticeship Act’’) 7 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), 8 including any requirement, standard, or rule promul- 9 gated under such Act, as such requirement, stand- 10 ard, or rule was in effect on December 30, 2019. 11 (3) CONTACT TRACING AND RELATED POSI- 12 TIONS.—The term ‘‘contact tracing and related posi- 13 tions’’ means employment related to contact tracing, 14 surveillance, containment, and mitigation activities 15 as described in paragraphs (2), (3), and (4) of sec- 16 tion 30562(d). 17 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 18 ty’’ means— 19 (A) a State or territory, including the Dis- 20 trict of Columbia and Puerto Rico; 21 (B) an Indian Tribe, Tribal organization, 22 Alaska Native entity, Indian-controlled organi- 23 zations serving Indians, or Native Hawaiian or- 24 ganizations; 25 556 •HR 6800 EH (C) an outlying area; or 1 (D) a local board, if an eligible entity 2 under subparagraphs (A) through (C) has not 3 applied with respect to the area over which the 4 local board has jurisdiction as of the date on 5 which the local board submits an application 6 under subsection (c). 7 (5) ELIGIBLE INDIVIDUAL.—Notwithstanding 8 section 170(b)(2) of the Workforce Innovation and 9 Opportunity Act (29 U.S.C. 3225(b)(2)), the term 10 ‘‘eligible individual’’ means an individual seeking or 11 securing employment in contact tracing and related 12 positions and served by an eligible entity or commu- 13 nity-based organization receiving funding under this 14 section. 15 (6) SECRETARY.—The term ‘‘Secretary’’ means 16 the Secretary of Labor. 17 (b) GRANTS.— 18 (1) IN GENERAL.—Subject to the availability of 19 appropriations under subsection (g), the Secretary 20 shall award national dislocated worker grants under 21 section 170(b)(1)(B) of the Workforce Innovation 22 and Opportunity Act (29 U.S.C. 3225(b)(1)(B)) to 23 each eligible entity that seeks a grant to assist local 24 boards and community-based organizations in car- 25 557 •HR 6800 EH rying out activities under subsections (f) and (d), re- 1 spectively, for the following purposes: 2 (A) To support the recruitment, place- 3 ment, and training, as applicable, of eligible in- 4 dividuals seeking employment in contact tracing 5 and related positions in accordance with the na- 6 tional system for COVID–19 testing, contact 7 tracing, surveillance, containment, and mitiga- 8 tion established under section 30561. 9 (B) To assist with the employment transi- 10 tion to new employment or education and train- 11 ing of individuals employed under this section 12 in preparation for and upon termination of such 13 employment. 14 (2) TIMELINE.—The Secretary of Labor shall— 15 (A) issue application requirements under 16 subsection (c) not later than 10 days after the 17 date of enactment of this section; and 18 (B) award grants to an eligible entity 19 under paragraph (1) not later than 10 days 20 after the date on which the Secretary receives 21 an application from such entity. 22 (c) GRANT APPLICATION.—An eligible entity apply- 23 ing for a grant under this section shall submit an applica- 24 tion to the Secretary, at such time and in such form and 25 558 •HR 6800 EH manner as the Secretary may reasonably require, which 1 shall include a description of— 2 (1) how the eligible entity will support the re- 3 cruitment, placement, and training, as applicable, of 4 eligible individuals seeking employment in contact 5 tracing and related positions by partnering with— 6 (A) a State, local, Tribal, or territorial 7 health department; or 8 (B) one or more nonprofit or community- 9 based organizations partnering with such health 10 departments; 11 (2) how the activities described in paragraph 12 (1) will support State efforts to address the demand 13 for contact tracing and related positions with respect 14 to— 15 (A) the State plans referred to in the head- 16 ing ‘‘Public Health and Social Services Emer- 17 gency Fund’’ in title I of division B of the Pay- 18 check Protection Program and Health Care En- 19 hancement Act (Public Law 116–139); 20 (B) the testing strategy submitted under 21 section 30541; and 22 (C) the number of eligible individuals that 23 the State plans to recruit and train under the 24 559 •HR 6800 EH plans and strategies described in subparagraphs 1 (A) and (B); 2 (3) the specific strategies for recruiting and 3 placement of eligible individuals from or residing 4 within the communities in which they will work, in- 5 cluding— 6 (A) plans for the recruitment of eligible in- 7 dividuals to serve as contact tracers and related 8 positions, including dislocated workers, individ- 9 uals with barriers to employment, veterans, new 10 entrants in the workforce, or underemployed or 11 furloughed workers, who are from or reside in 12 or near the local area in which they will serve, 13 and who, to the extent practicable— 14 (i) have experience or a background in 15 industry-sectors and occupations such as 16 public health, social services, customer 17 service, case management, or occupations 18 that require related qualifications, skills, or 19 competencies, such as strong interpersonal 20 and communication skills, needed for con- 21 tact tracing and related positions, as de- 22 scribed in section 30562(d)(2)(E)(ii); or 23 (ii) seek to transition to public health 24 and public health related occupations upon 25 560 •HR 6800 EH the conclusion of employment in contact 1 tracing and related positions; and 2 (B) how such strategies will take into ac- 3 count the diversity of such community, includ- 4 ing racial, ethnic, socioeconomic, linguistic, or 5 geographic diversity; 6 (4) the amount, timing, and mechanisms for 7 distribution of funds provided to local boards or 8 through subgrants as described in subsection (d); 9 (5) for eligible entities described in subpara- 10 graphs (A) through (C) of subsection (a)(4), a de- 11 scription of how the eligible entity will ensure the eq- 12 uitable distribution of funds with respect to— 13 (A) geography (such as urban and rural 14 distribution); 15 (B) medically underserved populations (as 16 defined in section 33(b)(3) of the Public Health 17 Service Act (42 U.S.C. 254b(b))); 18 (C) health professional shortage areas (as 19 defined under section 332(a) of the Public 20 Health Service Act (42 U.S.C. 254e(a))); and 21 (D) the racial and ethnic diversity of the 22 area; and 23 (6) for eligible entities who are local boards, a 24 description of how a grant to such eligible entity 25 561 •HR 6800 EH would serve the equitable distribution of funds as de- 1 scribed in paragraph (5). 2 (d) SUBGRANT AUTHORIZATION AND APPLICATION 3 PROCESS.— 4 (1) IN GENERAL.—An eligible entity may award 5 a subgrant to one or more community-based organi- 6 zations for the purposes of partnering with a State 7 or local board to conduct outreach and education ac- 8 tivities to inform potentially eligible individuals 9 about employment opportunities in contact tracing 10 and related positions. 11 (2) APPLICATION.—A community-based organi- 12 zation shall submit an application at such time and 13 in such manner as the eligible entity may reasonably 14 require, including— 15 (A) a demonstration of the community- 16 based organization’s established expertise and 17 effectiveness in community outreach in the local 18 area that such organization plans to serve; 19 (B) a demonstration of the community- 20 based organization’s expertise in providing em- 21 ployment or public health information to the 22 local areas in which such organization plans to 23 serve; and 24 562 •HR 6800 EH (C) a description of the expertise of the 1 community-based organization in utilizing cul- 2 turally competent and multilingual strategies in 3 the provision of services. 4 (e) GRANT DISTRIBUTION.— 5 (1) FEDERAL DISTRIBUTION.— 6 (A) USE OF FUNDS.— The Secretary of 7 Labor shall use the funds appropriated to carry 8 out this section as follows: 9 (i) Subject to clause (ii), the Secretary 10 shall distribute funds among eligible enti- 11 ties in accordance with a formula to be es- 12 tablished by the Secretary that provides a 13 minimum level of funding to each eligible 14 entity that seeks a grant under this section 15 and allocates additional funding as follows: 16 (I) The formula shall give first 17 priority based on the number and pro- 18 portion of contact tracing and related 19 positions that the State plans to re- 20 cruit, place, and train individuals as a 21 part of the State strategy described in 22 subsection (c)(2)(A). 23 563 •HR 6800 EH (II) Subject to subclause (I), the 1 formula shall give priority in accord- 2 ance with section 30562(c). 3 (ii) Not more than 2 percent of the 4 funding for administration of the grants 5 and for providing technical assistance to 6 recipients of funds under this section. 7 (B) EQUITABLE DISTRIBUTION.—If the ge- 8 ographic region served by one or more eligible 9 entities overlaps, the Secretary shall distribute 10 funds among such entities in such a manner 11 that ensures equitable distribution with respect 12 to the factors under subsection (c)(5). 13 (2) ELIGIBLE ENTITY USE OF FUNDS.—An eli- 14 gible entity described in subparagraphs (A) through 15 (C) of subsection (a)(4)— 16 (A) shall, not later than 30 days after the 17 date on which the entity receives grant funds 18 under this section, provide not less than 70 per- 19 cent of grant funds to local boards for the pur- 20 pose of carrying out activities in subsection (f); 21 (B) may use up to 20 percent of such 22 funds to make subgrants to community-based 23 organizations in the service area to conduct out- 24 564 •HR 6800 EH reach, to potential eligible individuals, as de- 1 scribed in subsection (d); 2 (C) in providing funds to local boards and 3 awarding subgrants under this subsection shall 4 ensure the equitable distribution with respect to 5 the factors described in subsection (c)(5); and 6 (D) may use not more than 10 percent of 7 the funds awarded under this section for the 8 administrative costs of carrying out the grant 9 and for providing technical assistance to local 10 boards and community-based organizations. 11 (3) LOCAL BOARD USE OF FUNDS.—A local 12 board, or an eligible entity that is a local board, 13 shall use— 14 (A) not less than 60 percent of the funds 15 for recruitment and training for COVID–19 16 testing, contact tracing, surveillance, contain- 17 ment, and mitigation established under section 18 30561; 19 (B) not less than 30 of the funds to sup- 20 port the transition of individuals hired as con- 21 tact tracers and related positions into an edu- 22 cation or training program, or unsubsidized em- 23 ployment upon completion of such positions; 24 and 25 565 •HR 6800 EH (C) not more than 10 percent of the funds 1 for administrative costs. 2 (f) ELIGIBLE ACTIVITIES.—The State or local boards 3 shall use funds awarded under this section to support the 4 recruitment and placement of eligible individuals, training 5 and employment transition as related to contact tracing 6 and related positions, and for the following activities: 7 (1) Establishing or expanding partnerships 8 with— 9 (A) State, local, Tribal, and territorial 10 public health departments; 11 (B) community-based health providers, in- 12 cluding community health centers and rural 13 health clinics; 14 (C) labor organizations or joint labor man- 15 agement organizations; 16 (D) two-year and four-year institutions of 17 higher education (as defined in section 101 of 18 the Higher Education Act of 1965 (20 U.S.C. 19 1001)), including institutions eligible to receive 20 funds under section 371(a) of the Higher Edu- 21 cation Act of 1965 (20 U.S.C. 1067q(a)); and 22 (E) community action agencies or other 23 community-based organizations serving local 24 566 •HR 6800 EH areas in which there is a demand for contact 1 tracing and related positions. 2 (2) Providing training for contact tracing and 3 related positions in coordination with State, local, 4 Tribal, or territorial health departments that is con- 5 sistent with the State or territorial testing and con- 6 tact tracing strategy, and ensuring that eligible indi- 7 viduals receive compensation while participating in 8 such training. 9 (3) Providing eligible individuals with— 10 (A) adequate and safe equipment, environ- 11 ments, and facilities for training and super- 12 vision, as applicable; 13 (B) information regarding the wages and 14 benefits related to contact tracing and related 15 positions, as compared to State, local, and na- 16 tional averages; 17 (C) supplies and equipment needed by the 18 eligible individuals to support placement of an 19 individual in contact tracing and related posi- 20 tions, as applicable; 21 (D) an individualized employment plan for 22 each eligible individual, as applicable— 23 567 •HR 6800 EH (i) in coordination with the entity em- 1 ploying the eligible individual in a contact 2 tracing and related positions; and 3 (ii) which shall include providing a 4 case manager to work with each eligible in- 5 dividual to develop the plan, which may in- 6 clude— 7 (I) identifying employment and 8 career goals, and setting appropriate 9 achievement objectives to attain such 10 goals; and 11 (II) exploring career pathways 12 that lead to in-demand industries and 13 sectors, including in public health and 14 related occupations; and 15 (E) services for the period during which 16 the eligible individual is employed in a contact 17 tracing and related position to ensure job reten- 18 tion, which may include— 19 (i) supportive services throughout the 20 term of employment; 21 (ii) a continuation of skills training as 22 related to employment in contact tracing 23 and related positions, that is conducted in 24 568 •HR 6800 EH collaboration with the employers of such 1 individuals; 2 (iii) mentorship services and job re- 3 tention support for eligible individuals; or 4 (iv) targeted training for managers 5 and workers working with eligible individ- 6 uals (such as mentors), and human re- 7 source representatives; 8 (4) Supporting the transition and placement in 9 unsubsidized employment for eligible individuals 10 serving in contact tracing and related positions after 11 such positions are no longer necessary in the State 12 or local area, including— 13 (A) any additional training and employ- 14 ment activities as described in section 170(d)(4) 15 of the Workforce Innovation and Opportunity 16 Act (29 U.S.C. 3225(d)(4)); 17 (B) developing the appropriate combina- 18 tion of services to enable the eligible individual 19 to achieve the employment and career goals 20 identified under paragraph (3)(D)(ii)(I); and 21 (C) services to assist eligible individuals in 22 maintaining employment for not less than 12 23 months after the completion of employment in 24 569 •HR 6800 EH contact tracing and related positions, as appro- 1 priate. 2 (5) Any other activities as described in sub- 3 sections (a)(3) and (b) of section 134 of the Work- 4 force Innovation and Opportunity Act (29 U.S.C. 5 3174). 6 (g) LIMITATION.—Notwithstanding section 7 170(d)(3)(A) of the Workforce Innovation and Oppor- 8 tunity Act (29 U.S.C. 3225(d)(3)(A)), a person may be 9 employed in a contact tracing and related positions using 10 funds under this section for a period not greater than 2 11 years. 12 (h) REPORTING BY THE DEPARTMENT OF LABOR.— 13 (1) IN GENERAL.—Not later than 120 days of 14 the enactment of this Act, and once grant funds 15 have been expended under this section, the Secretary 16 shall report to the Committee on Education and 17 Labor of the House of Representatives and the Com- 18 mittee on Health, Education, Labor and Pensions of 19 the Senate, and make publicly available a report 20 containing a description of— 21 (A) the number of eligible individuals re- 22 cruited, hired, and trained in contact tracing 23 and related positions; 24 570 •HR 6800 EH (B) the number of individuals successfully 1 transitioned to unsubsidized employment or 2 training at the completion of employment in 3 contact tracing and related positions using 4 funds under this subtitle; 5 (C) the number of such individuals who 6 were unemployed prior to being hired, trained, 7 or deployed as described in paragraph (1); 8 (D) the performance of each program sup- 9 ported by funds under this subtitle with respect 10 to the indicators of performance under section 11 116 of the Workforce Innovation and Oppor- 12 tunity Act (29 U.S.C. 3141), as applicable; 13 (E) the number of individuals in unsub- 14 sidized employment within six months and 1 15 year, respectively, of the conclusion of employ- 16 ment in contact tracing and related positions 17 and, of those, the number of individuals within 18 a State, territorial, or local public health de- 19 partment in an occupation related to public 20 health; 21 (F) any information on how eligible enti- 22 ties, local boards, or community-based organiza- 23 tions that received funding under this sub- 24 section were able to support the goals of the na- 25 571 •HR 6800 EH tional system for COVID–19 testing, contact 1 tracing, surveillance, containment, and mitiga- 2 tion established under section 30561 of this 3 Act; and 4 (G) best practices for improving and in- 5 creasing the transition of individuals employed 6 in contract tracing and related positions to un- 7 subsidized employment. 8 (2) DISAGGREGATION.—All data reported under 9 paragraph (1) shall be disaggregated by race, eth- 10 nicity, sex, age, and, with respect to individuals with 11 barriers to employment, subpopulation of such indi- 12 viduals, except for when the number of participants 13 in a category is insufficient to yield statistically reli- 14 able information or when the results would reveal 15 personally identifiable information about an indi- 16 vidual participant. 17 (i) SPECIAL RULE.—Any funds used for programs 18 under this section that are used to fund an apprenticeship 19 or apprenticeship program shall only be used for, or pro- 20 vided to, an apprenticeship or apprenticeship program 21 that meets the definition of such term subsection (a) of 22 this section, including any funds awarded for the purposes 23 of grants, contracts, or cooperative agreements, or the de- 24 572 •HR 6800 EH velopment, implementation, or administration, of an ap- 1 prenticeship or an apprenticeship program. 2 (j) INFORMATION SHARING REQUIREMENT FOR 3 HHS.—The Secretary of Health and Human Services, 4 acting through the Director of the Centers for Disease 5 Control and Prevention, shall provide the Secretary of 6 Labor, acting through the Assistant Secretary of the Em- 7 ployment and Training Administration, with information 8 on grants under section 30562, including— 9 (1) the formula used to award such grants to 10 State, local, Tribal, and territorial health depart- 11 ments; 12 (2) the dollar amounts of and scope of the work 13 funded under such grants; 14 (3) the geographic areas served by eligible enti- 15 ties that receive such grants; and 16 (4) the number of contact tracers and related 17 positions to be hired using such grants. 18 (k) AUTHORIZATION OF APPROPRIATIONS.—Of the 19 amounts appropriated to carry out this subtitle, 20 $500,000,000 shall be used by the Secretary of Labor to 21 carry out subsections (a) through (h) of this section. 22 573 •HR 6800 EH SEC. 30567. APPLICATION OF THE SERVICE CONTRACT ACT 1 TO CONTRACTS AND GRANTS. 2 Contracts and grants which include contact tracing 3 as part of the scope of work and that are awarded under 4 this subtitle shall require that contract tracers and related 5 positions are paid not less than the prevailing wage and 6 fringe rates required under chapter 67 of title 41, United 7 States Code (commonly known as the ‘‘Service Contract 8 Act’’) for the area in which the work is performed. To 9 the extent that a nonstandard wage determination is re- 10 quired to establish a prevailing wage for contact tracers 11 and related positions for purposes of this subtitle, the Sec- 12 retary of Labor shall issue such determination not later 13 than 14 days after the date of enactment of this Act, 14 based on a job description used by the Centers for Disease 15 Control and Prevention and contractors or grantees per- 16 forming contact tracing for State public health agencies. 17 SEC. 30568. AUTHORIZATION OF APPROPRIATIONS. 18 To carry out this subtitle, there are authorized to be 19 appropriated $75,000,000,000, to remain available until 20 expended. 21 574 •HR 6800 EH Subtitle E—Demographic Data and 1 Supply Reporting Related to 2 COVID–19 3 SEC. 30571. COVID–19 REPORTING PORTAL. 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: 24 575 •HR 6800 EH (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. 25 576 •HR 6800 EH (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. 25 577 •HR 6800 EH SEC. 30572. REGULAR CDC REPORTING ON DEMOGRAPHIC 1 DATA. 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. 25 578 •HR 6800 EH SEC. 30573. FEDERAL MODERNIZATION FOR HEALTH IN- 1 EQUITIES DATA. 2 (a) IN GENERAL.—The Secretary shall work with 3 covered agencies to support the modernization of data col- 4 lection methods and infrastructure at such agencies for 5 the purpose of increasing data collection related to health 6 inequities, such as racial, ethnic, socioeconomic, sex, gen- 7 der, and disability disparities. 8 (b) COVERED AGENCY DEFINED.—In this section, 9 the term ‘‘covered agency’’ means each of the following 10 Federal agencies: 11 (1) The Agency for Healthcare Research and 12 Quality. 13 (2) The Centers for Disease Control and Pre- 14 vention. 15 (3) The Centers for Medicare & Medicaid Serv- 16 ices. 17 (4) The Food and Drug Administration. 18 (5) The Office of the National Coordinator for 19 Health Information Technology. 20 (6) The National Institutes of Health. 21 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 22 authorized to be appropriated to each covered agency to 23 carry out this section $4,000,000, to remain available 24 until expended. 25 579 •HR 6800 EH SEC. 30574. MODERNIZATION OF STATE AND LOCAL 1 HEALTH INEQUITIES DATA. 2 (a) IN GENERAL.—Not later than 6 months after the 3 date of enactment of this Act, the Secretary, acting 4 through the Director of the Centers for Disease Control 5 and Prevention, shall award grants to State, local, and 6 territorial health departments in order to support the 7 modernization of data collection methods and infrastruc- 8 ture for the purposes of increasing data related to health 9 inequities, such as racial, ethnic, socioeconomic, sex, gen- 10 der, and disability disparities. The Secretary shall— 11 (1) provide guidance, technical assistance, and 12 information to grantees under this section on best 13 practices regarding culturally competent, accurate, 14 and increased data collection and transmission; and 15 (2) track performance of grantees under this 16 section to help improve their health inequities data 17 collection by identifying gaps and taking effective 18 steps to support States, localities, and territories in 19 addressing the gaps. 20 (b) REPORT.—Not later than 1 year after the date 21 on which the first grant is awarded under this section, 22 the Secretary shall submit to the Committee on Energy 23 and Commerce of the House of Representatives and the 24 Committee on Health, Education, Labor and Pensions of 25 the Senate an initial report detailing— 26 580 •HR 6800 EH (1) nationwide best practices for ensuring 1 States and localities collect and transmit health in- 2 equities data; 3 (2) nationwide trends which hinder the collec- 4 tion and transmission of health inequities data; 5 (3) Federal best practices for working with 6 States and localities to ensure culturally competent, 7 accurate, and increased data collection and trans- 8 mission; and 9 (4) any recommended changes to legislative or 10 regulatory authority to help improve and increase 11 health inequities data collection. 12 (c) FINAL REPORT.—Not later than December 31, 13 2023, the Secretary shall— 14 (1) update and finalize the initial report under 15 subsection (b); and 16 (2) submit such final report to the committees 17 specified in such subsection. 18 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 19 authorized to be appropriated to carry out this section 20 $100,000,000, to remain available until expended. 21 SEC. 30575. TRIBAL FUNDING TO RESEARCH HEALTH IN- 22 EQUITIES INCLUDING COVID–19. 23 (a) IN GENERAL.—Not later than 6 months after the 24 date of enactment of this Act, the Director of the Indian 25 581 •HR 6800 EH Health Service, in coordination with Tribal Epidemiology 1 Centers and other Federal agencies, as appropriate, shall 2 conduct or support research and field studies for the pur- 3 poses of improved understanding of Tribal health inequi- 4 ties among American Indians and Alaska Natives, includ- 5 ing with respect to— 6 (1) disparities related to COVID–19; 7 (2) public health surveillance and infrastructure 8 regarding unmet needs in Indian country and Urban 9 Indian communities; 10 (3) population-based health disparities; 11 (4) barriers to health care services; 12 (5) the impact of socioeconomic status; and 13 (6) factors contributing to Tribal health inequi- 14 ties. 15 (b) CONSULTATION, CONFER, AND COORDINATION.— 16 In carrying out this section, the Director of the Indian 17 Health Service shall— 18 (1) consult with Indian Tribes and Tribal orga- 19 nizations; 20 (2) confer with Urban Indian organizations; 21 and 22 (3) coordinate with the Director of the Centers 23 for Disease Control and Prevention and the Director 24 of the National Institutes of Health. 25 582 •HR 6800 EH (c) PROCESS.—Not later than 60 days after the date 1 of enactment of this Act, the Director of the Indian Health 2 Service shall establish a nationally representative panel to 3 establish processes and procedures for the research and 4 field studies conducted or supported under subsection (a). 5 The Director shall ensure that, at a minimum, the panel 6 consists of the following individuals: 7 (1) Elected Tribal leaders or their designees. 8 (2) Tribal public health practitioners and ex- 9 perts from the national and regional levels. 10 (d) DUTIES.—The panel established under subsection 11 (c) shall, at a minimum— 12 (1) advise the Director of the Indian Health 13 Service on the processes and procedures regarding 14 the design, implementation, and evaluation of, and 15 reporting on, research and field studies conducted or 16 supported under this section; 17 (2) develop and share resources on Tribal pub- 18 lic health data surveillance and reporting, including 19 best practices; and 20 (3) carry out such other activities as may be 21 appropriate to establish processes and procedures for 22 the research and field studies conducted or sup- 23 ported under subsection (a). 24 583 •HR 6800 EH (e) REPORT.—Not later than 1 year after expending 1 all funds made available to carry out this section, the Di- 2 rector of the Indian Health Service, in coordination with 3 the panel established under subsection (c), shall submit 4 an initial report on the results of the research and field 5 studies under this section to— 6 (1) the Committee on Energy and Commerce 7 and the Committee on Natural Resources of the 8 House of Representatives; and 9 (2) the Committee on Indian Affairs and the 10 Committee on Health, Education, Labor and Pen- 11 sions of the Senate. 12 (f) TRIBAL DATA SOVEREIGNTY.—The Director of 13 the Indian Health Service shall ensure that all research 14 and field studies conducted or supported under this sec- 15 tion are tribally-directed and carried out in a manner 16 which ensures Tribal-direction of all data collected under 17 this section— 18 (1) according to Tribal best practices regarding 19 research design and implementation, including by 20 ensuring the consent of the Tribes involved to public 21 reporting of Tribal data; 22 (2) according to all relevant and applicable 23 Tribal, professional, institutional, and Federal 24 584 •HR 6800 EH standards for conducting research and governing re- 1 search ethics; 2 (3) with the prior and informed consent of any 3 Indian Tribe participating in the research or sharing 4 data for use under this section; and 5 (4) in a manner that respects the inherent sov- 6 ereignty of Indian Tribes, including Tribal govern- 7 ance of data and research. 8 (g) FINAL REPORT.—Not later than December 31, 9 2023, the Director of the Indian Health Service shall— 10 (1) update and finalize the initial report under 11 subsection (e); and 12 (2) submit such final report to the committees 13 specified in such subsection. 14 (h) DEFINITIONS.—In this section: 15 (1) The terms ‘‘Indian Tribe’’ and ‘‘Tribal or- 16 ganization’’ have the meanings given to such terms 17 in section 4 of the Indian Self-Determination and 18 Education Assistance Act (25 U.S.C. 5304). 19 (2) The term ‘‘Urban Indian organization’’ has 20 the meaning given to such term in section 4 of the 21 Indian Health Care Improvement Act (25 U.S.C. 22 1603). 23 585 •HR 6800 EH (i) AUTHORIZATION OF APPROPRIATIONS.—There is 1 authorized to be appropriated to carry out this section 2 $25,000,000, to remain available until expended. 3 SEC. 30576. CDC FIELD STUDIES PERTAINING TO SPECIFIC 4 HEALTH INEQUITIES. 5 (a) IN GENERAL.—Not later than 90 days after the 6 date of enactment of this Act, the Secretary, acting 7 through the Centers for Disease Control and Prevention, 8 in collaboration with State, local, and territorial health de- 9 partments, shall complete (by the reporting deadline in 10 subsection (b)) field studies to better understand health 11 inequities that are not currently tracked by the Secretary. 12 Such studies shall include an analysis of— 13 (1) the impact of socioeconomic status on 14 health care access and disease outcomes, including 15 COVID–19 outcomes; 16 (2) the impact of disability status on health 17 care access and disease outcomes, including COVID– 18 19 outcomes; 19 (3) the impact of language preference on health 20 care access and disease outcomes, including COVID– 21 19 outcomes; 22 (4) factors contributing to disparities in health 23 outcomes for the COVID–19 pandemic; and 24 586 •HR 6800 EH (5) other topics related to disparities in health 1 outcomes for the COVID–19 pandemic, as deter- 2 mined by the Secretary. 3 (b) REPORT.—Not later than December 31, 2021, 4 the Secretary shall submit to the Committee on Energy 5 and Commerce of the House of Representatives and the 6 Committee on Health, Education, Labor and Pensions of 7 the Senate an initial report on the results of the field stud- 8 ies under this section. 9 (c) FINAL REPORT.—Not later than December 31, 10 2023, the Secretary shall— 11 (1) update and finalize the initial report under 12 subsection (b); and 13 (2) submit such final report to the committees 14 specified in such subsection. 15 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 16 authorized to be appropriated to carry out this section 17 $25,000,000, to remain available until expended. 18 SEC. 30577. ADDITIONAL REPORTING TO CONGRESS ON 19 THE RACE AND ETHNICITY RATES OF COVID– 20 19 TESTING, HOSPITALIZATIONS, AND MOR- 21 TALITIES. 22 (a) IN GENERAL.—Not later than August 1, 2020, 23 the Secretary shall submit to the Committee on Appro- 24 priations and the Committee on Energy and Commerce 25 587 •HR 6800 EH of the House of Representatives and the Committee on 1 Appropriations and the Committee on Health, Education, 2 Labor and Pensions of the Senate an initial report— 3 (1) describing the testing, positive diagnoses, 4 hospitalization, intensive care admissions, and mor- 5 tality rates associated with COVID–19, 6 disaggregated by race, ethnicity, age, sex, gender, 7 geographic region, and other relevant factors as de- 8 termined by the Secretary; 9 (2) including an analysis of any variances of 10 testing, positive diagnoses, hospitalizations, and 11 deaths by demographic characteristics; and 12 (3) including proposals for evidenced-based re- 13 sponse strategies to reduce disparities related to 14 COVID–19. 15 (b) FINAL REPORT.—Not later than December 31, 16 2024, the Secretary shall— 17 (1) update and finalize the initial report under 18 subsection (a); and 19 (2) submit such final report to the committees 20 specified in such subsection. 21 (c) COORDINATION.—In preparing the report sub- 22 mitted under this section, the Secretary shall take into ac- 23 count and otherwise coordinate such report with reporting 24 required under section 30572 and under the heading ‘‘De- 25 588 •HR 6800 EH partment of Health and Human Services—Office of the 1 Secretary—Public Health and Social Service Emergency 2 Fund’’ in title I of division B of the Paycheck Protection 3 Program and Health Care Enhancement Act (Public Law 4 116–139; 134 Stat. 620, 626). 5 Subtitle F—Miscellaneous 6 SEC. 30581. TECHNICAL CORRECTIONS TO AMENDMENTS 7 MADE BY CARES ACT. 8 (a) The amendments made by this section shall take 9 effect as if included in the enactment of the CARES Act 10 (Public Law 116–136). 11 (b) Section 3112 of division A of the CARES Act 12 (Public Law 116–136) is amended— 13 (1) in subsection (a)(2)(A), by striking the 14 comma before ‘‘or a permanent’’; 15 (2) in subsection (d)(1), by striking ‘‘and sub- 16 paragraphs (A) and (B)’’ and inserting ‘‘as subpara- 17 graphs (A) and (B)’’; and 18 (3) in subsection (e), by striking ‘‘Drug, Cos- 19 metic Act’’ and inserting ‘‘Drug, and Cosmetic Act’’. 20 (c) Section 6001(a)(1)(D) of division F of the Fami- 21 lies First Coronavirus Response Act (Public Law 116– 22 127), as amended by section 3201 of division A of the 23 CARES Act (Public Law 116–136), is amended by strik- 24 ing ‘‘other test that’’. 25 589 •HR 6800 EH (d) Subsection (k)(9) of section 543 of the Public 1 Health Service Act (42 U.S.C. 290dd–2), as added by sec- 2 tion 3221(d) of division A of the CARES Act (Public Law 3 116–136), is amended by striking ‘‘unprotected health in- 4 formation’’ and inserting ‘‘unsecured protected health in- 5 formation’’. 6 (e) Section 3401(2)(D) of division A of the CARES 7 Act (Public Law 116–136), is amended by striking ‘‘Not 8 Later than’’ and inserting ‘‘Not later than’’. 9 (f) Section 831(f) of the Public Health Service Act, 10 as redesignated by section 3404(a)(6)(E) and amended by 11 section 3404(a)(6)(G) of division A of the CARES Act 12 (Public Law 116–136), is amended by striking ‘‘a health 13 care facility, or a partnership of such a school and facil- 14 ity’’. 15 (g) Section 846(i) of the Public Health Service Act, 16 as amended by section 3404(i)(8)(C) of division A of the 17 CARES Act (Public Law 116–136), is amended by strik- 18 ing ‘‘871(b),,’’ and inserting ‘‘871(b),’’. 19 (h) Section 3606(a)(1)(A) of division A of the 20 CARES Act (Public Law 116–136) is amended by striking 21 ‘‘In general’’ and inserting ‘‘IN GENERAL’’. 22 (i) Section 3856(b)(1) of division A of the CARES 23 Act (Public Law 116–136) is amended to read as follows: 24 590 •HR 6800 EH ‘‘(1) IN GENERAL.—Section 905(b)(4) of the 1 FDA Reauthorization Act of 2017 (Public Law 115– 2 52) is amended by striking ‘Section 744H(e)(2)(B) 3 of the Federal Food, Drug, and Cosmetic Act (21 4 U.S.C. 379j–52(e)(2)(B))’ and inserting ‘Section 5 744H(f)(2)(B) of the Federal Food, Drug, and Cos- 6 metic Act, as redesignated by section 403(c)(1) of 7 this Act,’.’’. 8 TITLE VI—PUBLIC HEALTH 9 ASSISTANCE 10 Subtitle A—Assistance to Providers 11 and Health System 12 SEC. 30611. HEALTH CARE PROVIDER RELIEF FUND. 13 (a) IN GENERAL.—Not later than 7 days after the 14 date of enactment of this Act, the Secretary, acting 15 through the Administrator of the Health Resources and 16 Services Administration, shall establish a program under 17 which the Secretary shall reimburse, through grants or 18 other mechanisms, eligible health care providers for eligi- 19 ble expenses or lost revenues occurring during calendar 20 quarters beginning on or after January 1, 2020, to pre- 21 vent, prepare for, and respond to COVID–19, in an 22 amount calculated under subsection (c). 23 (b) QUARTERLY BASIS.— 24 591 •HR 6800 EH (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 care provider under 25 592 •HR 6800 EH this 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 25 593 •HR 6800 EH the amount determined under paragraph (1)(A) with 1 respect to such provider and quarter, the amount of 2 such difference shall be applied in making the cal- 3 culation under this subsection, over each subsequent 4 calendar quarter for which the eligible health care 5 provider seeks reimbursement under this section. 6 (3) LOST REVENUE LIMITATION.—If the 7 amount determined under subsection (e) with re- 8 spect to the lost revenue of an eligible health care 9 provider for a calendar quarter does not exceed an 10 amount that equals 10 percent of the net patient 11 revenue (as defined in such subsection) of the pro- 12 vider for the corresponding quarter in 2019, the ad- 13 dend under paragraph (1)(A)(ii), in making the cal- 14 culation under paragraph (1), is deemed to be zero. 15 (d) ELIGIBLE EXPENSES.—Subject to subsection 16 (h)(1), expenses eligible for reimbursement under this sec- 17 tion include expenses for— 18 (1) building or construction of temporary struc- 19 tures; 20 (2) leasing of properties; 21 (3) medical supplies and equipment including 22 personal protective equipment; 23 (4) in vitro diagnostic tests, serological tests, or 24 testing supplies; 25 594 •HR 6800 EH (5) increased workforce and trainings; 1 (6) emergency operation centers; 2 (7) construction or retrofitting of facilities; 3 (8) mobile testing units; 4 (9) surge capacity; 5 (10) retention of workforce; and 6 (11) such other items and services as the Sec- 7 retary determines to be appropriate, in consultation 8 with relevant stakeholders. 9 (e) LOST REVENUES.— 10 (1) IN GENERAL.—Subject to subsection (h)(1), 11 for purposes of subsection (c)(1)(A)(ii), the lost rev- 12 enues of an eligible health care provider, with re- 13 spect to the calendar quarter involved, shall be equal 14 to— 15 (A) net patient revenue of the provider for 16 the corresponding quarter in 2019 minus net 17 patient revenue of the provider for such quar- 18 ter; less 19 (B) the savings of the provider during the 20 calendar quarter involved attributable to fore- 21 gone wages, payroll taxes, and benefits of per- 22 sonnel who were furloughed or laid off by the 23 provider during that quarter. 24 595 •HR 6800 EH (2) NET PATIENT REVENUE DEFINED.—For 1 purposes of paragraph (1)(A), the term ‘‘net patient 2 revenue’’, with respect to an eligible health care pro- 3 vider and a calendar quarter, means the sum of— 4 (A) 200 percent of the total amount of re- 5 imbursement received by the provider during 6 the quarter for all items and services furnished 7 under a State plan or a waiver of a State plan 8 under title XIX of the Social Security Act (42 9 U.S.C. 1396 et seq.); 10 (B) 125 percent of the total amount of re- 11 imbursement received by the provider during 12 the quarter for all items and services furnished 13 under title XVIII of the Social Security Act (42 14 U.S.C. 1395 et seq.); and 15 (C) 100 percent of the total amount of re- 16 imbursement not described in subparagraph (A) 17 or (B) received by the provider during the quar- 18 ter for all items and services. 19 (f) INSUFFICIENT FUNDS FOR A QUARTER.—If there 20 are insufficient funds made available to reimburse all eligi- 21 ble health care providers for all eligible expenses and lost 22 revenues for a quarter in accordance with this section, the 23 Secretary shall— 24 596 •HR 6800 EH (1) prioritize reimbursement of eligible ex- 1 penses; and 2 (2) using the entirety of the remaining funds, 3 uniformly reduce the percentage of lost revenues 4 otherwise applicable under subsection (c)(1)(A)(ii) to 5 the extent necessary to reimburse a portion of the 6 lost revenues of all eligible health care providers ap- 7 plying for reimbursement. 8 (g) APPLICATION.—A health care provider seeking 9 reimbursement under this section for a calendar quarter 10 shall submit to the Secretary an application that— 11 (1) provides documentation demonstrating that 12 the health care provider is an eligible health care 13 provider; 14 (2) includes a valid tax identification number of 15 the health care provider or, if the health care pro- 16 vider does not have a valid tax identification num- 17 ber, an employer identification number or such other 18 identification number as the Secretary may accept or 19 may assign; 20 (3) attests to the eligible expenses and lost rev- 21 enues of the health care provider, as described in 22 subsection (d), occurring during the calendar quar- 23 ter; 24 597 •HR 6800 EH (4) includes an itemized listing of each such eli- 1 gible expense, including expenses incurred in pro- 2 viding uncompensated care; 3 (5) for purposes of subsection (c)(3), attests to 4 whether the amount determined under subsection (e) 5 with respect to the lost revenue of an eligible health 6 care provider for a calendar quarter exceeds an 7 amount that equals 10 percent of the net patient 8 revenue (as defined in such subsection) of the pro- 9 vider for the corresponding quarter in 2019; 10 (6) includes projections of the eligible expenses 11 and lost revenues of the health care provider, as de- 12 scribed in subsection (c), for the calendar quarter 13 that immediately follows the calendar quarter for 14 which reimbursement is sought; and 15 (7) indicates the dollar amounts described in 16 each of subparagraphs (A) and (B) of subsection 17 (e)(1) and subparagraphs (A), (B), and (C) of sub- 18 section (e)(2) for the calendar quarter and any other 19 information the Secretary determines necessary to 20 determine expenses and lost revenue related to 21 COVID–19. 22 (h) LIMITATIONS.— 23 (1) NO DUPLICATIVE REIMBURSEMENT.—The 24 Secretary may not provide, and a health care pro- 25 598 •HR 6800 EH vider may not accept, reimbursement under this sec- 1 tion for expenses or losses with respect to which— 2 (A) the eligible health care provider is re- 3 imbursed from other sources; or 4 (B) other sources are obligated to reim- 5 burse the provider. 6 (2) NO EXECUTIVE COMPENSATION.—Reim- 7 bursement for eligible expenses (as described in sub- 8 section (d)) and lost revenues (as described in sub- 9 section (e)) shall not include compensation or bene- 10 fits, including salary, bonuses, awards of stock, or 11 other financial benefits, for an officer or employee 12 described in section 4004(a)(2) of the CARES Act 13 (Public Law 116–136). 14 (i) NO BALANCE BILLING AS CONDITION OF RE- 15 CEIPT OF FUNDS.— 16 (1) PROTECTING INDIVIDUALS ENROLLED IN 17 HEALTH PLANS.—As a condition of receipt of reim- 18 bursement under this section, a health care provider, 19 in the case such provider furnishes during the emer- 20 gency period described in section 1135(g)(1)(B) of 21 the Social Security Act (42 U.S.C. 1320b– 22 5(g)(1)(B)) (whether before, on, or after, the date 23 on which the provider submits an application under 24 this section) a medically necessary item or service 25 599 •HR 6800 EH described in subparagraph (A), (B), or (C) of para- 1 graph (3) to an individual who is described in such 2 subparagraph (A), (B), or (C), respectively, and en- 3 rolled in a group health plan or group or individual 4 health insurance coverage offered by a health insur- 5 ance issuer (including grandfathered health plans as 6 defined in section 1251(e) of the Patient Protection 7 and Affordable Care Act (42 U.S.C. 18011(e)) and 8 such provider is a nonparticipating provider with re- 9 spect to such plan or coverage and such plan or cov- 10 erage and such items and services would otherwise 11 be covered under such plan if furnished by a partici- 12 pating provider— 13 (A) may not bill or otherwise hold liable 14 such individual for a payment amount for such 15 item or service that is more than the cost-shar- 16 ing amount that would apply under such plan 17 or coverage for such item or service if such pro- 18 vider furnishing such service were a partici- 19 pating provider with respect to such plan or 20 coverage; 21 (B) shall reimburse such individual in a 22 timely manner for any amount for such item or 23 service paid by the individual to such provider 24 in excess of such cost-sharing amount; 25 600 •HR 6800 EH (C) shall submit any claim for such item or 1 service directly to the plan or coverage; and 2 (D) shall not bill the individual for such 3 cost-sharing amount until such individual is in- 4 formed by the plan or coverage of the required 5 payment amount. 6 (2) PROTECTING UNINSURED INDIVIDUALS.— 7 As a condition of receipt of reimbursement under 8 this section, a health care provider, in the case such 9 reimbursement is with respect to expenses incurred 10 in providing uncompensated care (as described in 11 subsection (g)(4)) with respect to a medically nec- 12 essary item or service described in subparagraph 13 (A), (B), or (C) of paragraph (3) furnished during 14 such emergency period (whether before, on, or after, 15 the date on which the provider submits an applica- 16 tion under this section) by the provider to an indi- 17 vidual who is described in such subparagraph (A), 18 (B), or (C), respectively— 19 (A) shall consider such reimbursement as 20 payment in full with respect to such item or 21 service so furnished to such individual; 22 (B) may not bill or otherwise hold liable 23 such individual for any payment for such item 24 or service so furnished to such individual; and 25 601 •HR 6800 EH (C) shall reimburse such individual in a 1 timely manner for any amount for such item or 2 service paid by the individual to such provider. 3 (3) MEDICALLY NECESSARY ITEMS AND SERV- 4 ICES DESCRIBED.—For purposes of this subsection, 5 medically necessary items and services described in 6 this paragraph are— 7 (A) medically necessary items and services 8 (including in-person or telehealth visits in which 9 such items and services are furnished) that are 10 furnished to an individual who has been diag- 11 nosed with (or after provision of the items and 12 services is diagnosed with) COVID–19 to treat 13 or mitigate the effects of COVID–19; 14 (B) medically necessary items and services 15 (including in-person or telehealth visits in which 16 such items and services are furnished) that are 17 furnished to an individual who is presumed, in 18 accordance with paragraph (4), to have 19 COVID–19 but is never diagnosed as such; and 20 (C) a diagnostic test (and administration 21 of such test) as described in section 6001(a) of 22 division F of the Families First Coronavirus 23 Response Act (42 U.S.C. 1320b–5 note) admin- 24 istered to an individual. 25 602 •HR 6800 EH (4) PRESUMPTIVE CASE OF COVID–19.—For 1 purposes of paragraph (3)(B), an individual shall be 2 presumed to have COVID–19 if the medical record 3 documentation of the individual supports a diagnosis 4 of COVID–19, even if the individual does not have 5 a positive in vitro diagnostic test result in the med- 6 ical record of the individual. 7 (5) PENALTY.—In the case of an eligible health 8 care provider that is paid a reimbursement under 9 this section and that is in violation of paragraph (1) 10 or (2), in addition to any other penalties that may 11 be prescribed by law, the Secretary may recoup from 12 such provider up to the full amount of reimburse- 13 ment the provider receives under this section. 14 (6) DEFINITIONS.—In this subsection: 15 (A) NONPARTICIPATING PROVIDER.—The 16 term ‘‘nonparticipating provider’’ means, with 17 respect to an item or service and group health 18 plan or group or individual health insurance 19 coverage offered by a health insurance issuer, a 20 health care provider that does not have a con- 21 tractual relationship directly or indirectly with 22 the plan or issuer, respectively, for furnishing 23 such an item or service under the plan or cov- 24 erage. 25 603 •HR 6800 EH (B) PARTICIPATING PROVIDER.—The term 1 ‘‘participating provider’’ means, with respect to 2 an item or service and group health plan or 3 group or individual health insurance coverage 4 offered by a health insurance issuer, a health 5 care provider that has a contractual relation- 6 ship directly or indirectly with the plan or 7 issuer, respectively, for furnishing such an item 8 or service under the plan or coverage. 9 (C) GROUP HEALTH PLAN, HEALTH INSUR- 10 ANCE COVERAGE.—The terms ‘‘group health 11 plan’’, ‘‘health insurance issuer’’, ‘‘group health 12 insurance coverage’’, and ‘‘individual health in- 13 surance coverage’’ shall have the meanings 14 given such terms under section 2791 of the 15 Public Health Service Act (42 U.S.C. 300gg– 16 91). 17 (j) REPORTS.— 18 (1) AWARD INFORMATION.—In making awards 19 under this section, the Secretary shall post in a 20 searchable, electronic format, a list of all recipients 21 and awards pursuant to funding authorized under 22 this section. 23 (2) REPORTS BY RECIPIENTS.—Each recipient 24 of an award under this section shall, as a condition 25 604 •HR 6800 EH on receipt of such award, submit reports and main- 1 tain documentation, in such form, at such time, and 2 containing such information, as the Secretary deter- 3 mines is needed to ensure compliance with this sec- 4 tion. 5 (3) PUBLIC LISTING OF AWARDS.—The Sec- 6 retary shall— 7 (A) not later than 7 days after the date of 8 enactment of this Act, post in a searchable, 9 electronic format, a list of all awards made by 10 the Secretary under this section, including the 11 recipients and amounts of such awards; and 12 (B) update such list not less than every 7 13 days until all funds made available to carry out 14 this section are expended. 15 (4) INSPECTOR GENERAL REPORT.— 16 (A) IN GENERAL.—Not later than 3 years 17 after final payments are made under this sec- 18 tion, the Inspector General of the Department 19 of Health and Human Services shall transmit a 20 final report on audit findings with respect to 21 the program under this section to the Com- 22 mittee on Energy and Commerce and the Com- 23 mittee on Appropriations of the House of Rep- 24 resentatives and the Committee on Health, 25 605 •HR 6800 EH Education, Labor and Pensions and the Com- 1 mittee on Appropriations of the Senate. 2 (B) RULE OF CONSTRUCTION.—Nothing in 3 this paragraph shall be construed as limiting 4 the authority of the Inspector General of the 5 Department of Health and Human Services or 6 the Comptroller General of the United States to 7 conduct audits of interim payments earlier than 8 the deadline described in subparagraph (A). 9 (k) ELIGIBLE HEALTH CARE PROVIDER DEFINED.— 10 In this section: 11 (1) IN GENERAL.—The term ‘‘eligible health 12 care provider’’ means a health care provider de- 13 scribed in paragraph (2) that provides diagnostic or 14 testing services or treatment to individuals with a 15 confirmed or possible diagnosis of COVID–19. 16 (2) HEALTH CARE PROVIDERS DESCRIBED.—A 17 health care provider described in this paragraph is 18 any of the following: 19 (A) A health care provider enrolled as a 20 participating provider under a State plan ap- 21 proved under title XIX of the Social Security 22 Act (42 U.S.C. 1396 et seq.) (or a waiver of 23 such a plan). 24 606 •HR 6800 EH (B) A provider of services (as defined in 1 subsection (u) of section 1861 of the Social Se- 2 curity Act (42 U.S.C. 1395x)) or a supplier (as 3 defined in subsection (d) of such section) that 4 is enrolled as a participating provider of serv- 5 ices or participating supplier under the Medi- 6 care program under title XVIII of such Act (42 7 U.S.C. 1395 et seq.). 8 (C) A public entity. 9 (D) Any other entity not described in this 10 paragraph as the Secretary may specify. 11 (l) FUNDING.— 12 (1) AUTHORIZATION OF APPROPRIATIONS.— 13 There is authorized to be appropriated for an addi- 14 tional amount to carry out this section 15 $100,000,000,000, to remain available until ex- 16 pended. 17 (2) HEALTH CARE PROVIDER RELIEF FUND.— 18 (A) USE OF APPROPRIATED FUNDS.— 19 (i) IN GENERAL.—In addition to 20 amounts authorized to be appropriated 21 pursuant to paragraph (1), the unobligated 22 balance of all amounts appropriated to the 23 Health Care Provider Relief Fund shall be 24 607 •HR 6800 EH made available only to carry out this sec- 1 tion. 2 (ii) AMOUNTS.—For purposes of 3 clause (i), the following amounts are 4 deemed to be appropriated to the Health 5 Care Provider Relief Fund: 6 (I) The unobligated balance of 7 the appropriation of 8 $100,000,000,000 in the third para- 9 graph under the heading ‘‘Depart- 10 ment of Health and Human Serv- 11 ices—Office of the Secretary—Public 12 Health and Social Services Emergency 13 Fund’’ in division B of the CARES 14 Act (Public Law 116–136). 15 (II) The unobligated balance of 16 the appropriation under the heading 17 ‘‘Department of Health and Human 18 Services—Office of the Secretary— 19 Public Health and Social Services 20 Emergency Fund’’ in division B of the 21 Paycheck Protection Program and 22 Health Care Enhancement Act (Pub- 23 lic Law 116–139). 24 608 •HR 6800 EH (B) LIMITATION.—Of the unobligated bal- 1 ances described in subparagraph (A)(ii), the 2 Secretary may not make available more than 3 $10,000,000,000 to reimburse eligible health 4 care providers for expenses incurred in pro- 5 viding uncompensated care. 6 (C) FUTURE AMOUNTS.—Any appropria- 7 tion enacted subsequent to the date of enact- 8 ment of this Act that is made available for re- 9 imbursing eligible health care providers as de- 10 scribed in subsection (a) shall be made available 11 only to carry out this section. 12 SEC. 30612. PUBLIC HEALTH WORKFORCE LOAN REPAY- 13 MENT PROGRAM. 14 Part D of title III of the Public Health Service Act 15 (42 U.S.C. 254b et seq.) is amended by adding at the end 16 the following new subpart: 17 ‘‘Subpart XIII—Public Health Workforce 18 ‘‘SEC. 340J. LOAN REPAYMENT PROGRAM. 19 ‘‘(a) ESTABLISHMENT.—The Secretary of Health 20 and Human Services shall establish a program to be 21 known as the Public Health Workforce Loan Repayment 22 Program (referred to in this section as the ‘Program’) to 23 assure an adequate supply of and encourage recruitment 24 of public health professionals to eliminate critical public 25 609 •HR 6800 EH health workforce shortages in local, State, territorial, and 1 Tribal public health agencies. 2 ‘‘(b) ELIGIBILITY.—To be eligible to participate in 3 the Program, an individual shall— 4 ‘‘(1)(A) be accepted for enrollment, or be en- 5 rolled, as a student in an accredited academic edu- 6 cational institution in a State or territory in the 7 final semester or equivalent of a course of study or 8 program leading to a public health degree, a health 9 professions degree or certificate, or a degree in com- 10 puter science, information science, information sys- 11 tems, information technology, or statistics and have 12 accepted employment with a local, State, territorial, 13 or Tribal public health agency, or a related training 14 fellowship, as recognized by the Secretary, to com- 15 mence upon graduation; or 16 ‘‘(B)(i) have graduated, during the preceding 17 10-year period, from an accredited educational insti- 18 tution in a State or territory and received a public 19 health degree, a health professions degree or certifi- 20 cate, or a degree in computer science, information 21 science, information systems, information tech- 22 nology, or statistics; and 23 ‘‘(ii) be employed by, or have accepted employ- 24 ment with, a local, State, territorial, or Tribal public 25 610 •HR 6800 EH health agency or a related training fellowship, as 1 recognized by the Secretary; 2 ‘‘(2) be a United States citizen; 3 ‘‘(3)(A) submit an application to the Secretary 4 to participate in the Program; and 5 ‘‘(B) execute a written contract as required in 6 subsection (c); and 7 ‘‘(4) not have received, for the same service, a 8 reduction of loan obligations under section 428K or 9 428L of the Higher Education Act of 1965 (20 10 U.S.C. 1078–11, 1078–12). 11 ‘‘(c) CONTRACT.—The written contract referred to in 12 subsection (b)(3)(B) between the Secretary and an indi- 13 vidual shall contain— 14 ‘‘(1) an agreement on the part of the Secretary 15 that the Secretary will repay, on behalf of the indi- 16 vidual, loans incurred by the individual in the pur- 17 suit of the relevant degree or certificate in accord- 18 ance with the terms of the contract; 19 ‘‘(2) an agreement on the part of the individual 20 that the individual will serve in the full-time employ- 21 ment of a local, State, or Tribal public health agency 22 or a related fellowship program in a position related 23 to the course of study or program for which the con- 24 611 •HR 6800 EH tract was awarded for a period of time equal to the 1 greater of— 2 ‘‘(A) 2 years; or 3 ‘‘(B) such longer period of time as deter- 4 mined appropriate by the Secretary and the in- 5 dividual; 6 ‘‘(3) an agreement, as appropriate, on the part 7 of the individual to relocate to a priority service area 8 (as determined by the Secretary) in exchange for an 9 additional loan repayment incentive amount to be 10 determined by the Secretary; 11 ‘‘(4) a provision that any financial obligation of 12 the United States arising out of a contract entered 13 into under this section and any obligation of the in- 14 dividual that is conditioned thereon, is contingent on 15 funds being appropriated for loan repayments under 16 this section; 17 ‘‘(5) a statement of the damages to which the 18 United States is entitled, under this section for the 19 individual’s breach of the contract; and 20 ‘‘(6) such other statements of the rights and li- 21 abilities of the Secretary and of the individual as the 22 Secretary determines appropriate, not inconsistent 23 with this section. 24 ‘‘(d) PAYMENTS.— 25 612 •HR 6800 EH ‘‘(1) IN GENERAL.—A loan repayment provided 1 for an individual under a written contract referred 2 to in subsection (b)(3)(B) shall consist of payment, 3 in accordance with paragraph (2), for the individual 4 toward the outstanding principal and interest on 5 education loans incurred by the individual in the 6 pursuit of the relevant degree in accordance with the 7 terms of the contract. 8 ‘‘(2) EQUITABLE DISTRIBUTION.—In awarding 9 contracts under this section, the Secretary shall en- 10 sure— 11 ‘‘(A) a certain percentage of contracts are 12 awarded to individuals who are not already 13 working in public health departments; 14 ‘‘(B) an equitable distribution of funds 15 geographically; and 16 ‘‘(C) an equitable distribution among 17 State, local, territorial, and Tribal public health 18 departments. 19 ‘‘(3) PAYMENTS FOR YEARS SERVED.—For 20 each year of service that an individual contracts to 21 serve pursuant to subsection (c)(2), the Secretary 22 may pay not more than $35,000 on behalf of the in- 23 dividual for loans described in paragraph (1). With 24 respect to participants under the Program whose 25 613 •HR 6800 EH total eligible loans are less than $105,000, the Sec- 1 retary shall pay an amount that does not exceed 1⁄3 2 of the eligible loan balance for each year of such 3 service of such individual. 4 ‘‘(4) TAX LIABILITY.—For purposes of the In- 5 ternal Revenue Code of 1986, a payment made 6 under this section shall be treated in the same man- 7 ner as an amount received under section 338B(g) of 8 this Act, as described in section 108(f)(4) of such 9 Code. 10 ‘‘(e) POSTPONING OBLIGATED SERVICE.—With re- 11 spect to an individual receiving a degree or certificate from 12 a health professions or other related school, the date of 13 the initiation of the period of obligated service may be 14 postponed as approved by the Secretary. 15 ‘‘(f) BREACH OF CONTRACT.—An individual who fails 16 to comply with the contract entered into under subsection 17 (c) shall be subject to the same financial penalties as pro- 18 vided for under section 338E of the Public Health Service 19 Act (42 U.S.C. 254o) for breaches of loan repayment con- 20 tracts under section 338B of such Act (42 U.S.C. section 21 254l–1). 22 ‘‘(g) DEFINITION.—For purposes of this section, the 23 term ‘full-time’ means full-time as such term is used in 24 section 455(m)(3) of the Higher Education Act of 1965. 25 614 •HR 6800 EH ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 1 is authorized to be appropriated to carry out this section— 2 ‘‘(1) $100,000,000 for fiscal year 2020; and 3 ‘‘(2) $75,000,000 for fiscal year 2021.’’. 4 SEC. 30613. EXPANDING CAPACITY FOR HEALTH OUT- 5 COMES. 6 (a) IN GENERAL.—The Secretary, acting through the 7 Administrator of the Health Resources and Services Ad- 8 ministration, shall award grants to eligible entities to de- 9 velop and expand the use of technology-enabled collabo- 10 rative learning and capacity building models to respond 11 to ongoing and real-time learning, health care information 12 sharing, and capacity building needs related to COVID– 13 19. 14 (b) ELIGIBLE ENTITIES.—To be eligible to receive a 15 grant under this section, an entity shall have experience 16 providing technology-enabled collaborative learning and 17 capacity building health care services— 18 (1) in rural areas, frontier areas, health profes- 19 sional shortage areas, or medically underserved area; 20 or 21 (2) to medically underserved populations or In- 22 dian Tribes. 23 615 •HR 6800 EH (c) USE OF FUNDS.—An eligible entity receiving a 1 grant under this section shall use funds received through 2 the grant— 3 (1) to advance quality of care in response to 4 COVID–19, with particular emphasis on rural and 5 underserved areas and populations; 6 (2) to protect medical personnel and first re- 7 sponders through sharing real-time learning through 8 virtual communities of practice; 9 (3) to improve patient outcomes for conditions 10 affected or exacerbated by COVID–19, including im- 11 provement of care for patients with complex chronic 12 conditions; and 13 (4) to support rapid uptake by health care pro- 14 fessionals of emerging best practices and treatment 15 protocols around COVID–19. 16 (d) OPTIONAL ADDITIONAL USES OF FUNDS.—An 17 eligible entity receiving a grant under this section may use 18 funds received through the grant for— 19 (1) equipment to support the use and expansion 20 of technology-enabled collaborative learning and ca- 21 pacity building models, including hardware and soft- 22 ware that enables distance learning, health care pro- 23 vider support, and the secure exchange of electronic 24 health information; 25 616 •HR 6800 EH (2) the participation of multidisciplinary expert 1 team members to facilitate and lead technology-en- 2 abled collaborative learning sessions, and profes- 3 sionals and staff assisting in the development and 4 execution of technology-enabled collaborative learn- 5 ing; 6 (3) the development of instructional program- 7 ming and the training of health care providers and 8 other professionals that provide or assist in the pro- 9 vision of services through technology-enabled collabo- 10 rative learning and capacity building models; and 11 (4) other activities consistent with achieving the 12 objectives of the grants awarded under this section. 13 (e) TECHNOLOGY-ENABLED COLLABORATIVE LEARN- 14 ING AND CAPACITY BUILDING MODEL DEFINED.—In this 15 section, the term ‘‘technology-enabled collaborative learn- 16 ing and capacity building model’’ has the meaning given 17 that term in section 2(7) of the Expanding Capacity for 18 Health Outcomes Act (Public Law 114–270; 130 Stat. 19 1395). 20 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 21 authorized to be appropriated to carry out this section 22 $20,000,000, to remain available until expended. 23 617 •HR 6800 EH SEC. 30614. ADDITIONAL FUNDING FOR MEDICAL RESERVE 1 CORPS. 2 Section 2813 of the Public Health Service Act (42 3 U.S.C. 300hh–15) is amended by striking ‘‘$11,200,000 4 for each of fiscal years 2019 through 2023’’ and inserting 5 ‘‘$31,200,000 for each of fiscal years 2020 and 2021 and 6 $11,200,000 for each of fiscal years 2022 and 2023’’. 7 SEC. 30615. GRANTS FOR SCHOOLS OF MEDICINE IN DI- 8 VERSE AND UNDERSERVED AREAS. 9 Subpart II of part C of title VII of the Public Health 10 Service Act is amended by inserting after section 749B 11 of such Act (42 U.S.C. 293m) the following: 12 ‘‘SEC. 749C. SCHOOLS OF MEDICINE IN UNDERSERVED 13 AREAS. 14 ‘‘(a) GRANTS.—The Secretary, acting through the 15 Administrator of the Health Resources and Services Ad- 16 ministration, may award grants to institutions of higher 17 education (including multiple institutions of higher edu- 18 cation applying jointly) for the establishment, improve- 19 ment, and expansion of an allopathic or osteopathic school 20 of medicine, or a branch campus of an allopathic or osteo- 21 pathic school of medicine. 22 ‘‘(b) PRIORITY.—In selecting grant recipients under 23 this section, the Secretary shall give priority to institutions 24 of higher education that— 25 618 •HR 6800 EH ‘‘(1) propose to use the grant for an allopathic 1 or osteopathic school of medicine, or a branch cam- 2 pus of an allopathic or osteopathic school of medi- 3 cine, in a combined statistical area with fewer than 4 200 actively practicing physicians per 100,000 resi- 5 dents according to the medical board (or boards) of 6 the State (or States) involved; 7 ‘‘(2) have a curriculum that emphasizes care for 8 diverse and underserved populations; or 9 ‘‘(3) are minority-serving institutions described 10 in the list in section 371(a) of the Higher Education 11 Act of 1965. 12 ‘‘(c) USE OF FUNDS.—The activities for which a 13 grant under this section may be used include— 14 ‘‘(1) planning and constructing— 15 ‘‘(A) a new allopathic or osteopathic school 16 of medicine in an area in which no other school 17 is based; or 18 ‘‘(B) a branch campus of an allopathic or 19 osteopathic school of medicine in an area in 20 which no such school is based; 21 ‘‘(2) accreditation and planning activities for an 22 allopathic or osteopathic school of medicine or 23 branch campus; 24 619 •HR 6800 EH ‘‘(3) hiring faculty and other staff to serve at 1 an allopathic or osteopathic school of medicine or 2 branch campus; 3 ‘‘(4) recruitment and enrollment of students at 4 an allopathic or osteopathic school of medicine or 5 branch campus; 6 ‘‘(5) supporting educational programs at an 7 allopathic or osteopathic school of medicine or 8 branch campus; 9 ‘‘(6) modernizing infrastructure or curriculum 10 at an existing allopathic or osteopathic school of 11 medicine or branch campus thereof; 12 ‘‘(7) expanding infrastructure or curriculum at 13 existing an allopathic or osteopathic school of medi- 14 cine or branch campus; and 15 ‘‘(8) other activities that the Secretary deter- 16 mines further the development, improvement, and 17 expansion of an allopathic or osteopathic school of 18 medicine or branch campus thereof. 19 ‘‘(d) DEFINITIONS.—In this section: 20 ‘‘(1) The term ‘branch campus’ means a geo- 21 graphically separate site at least 100 miles from the 22 main campus of a school of medicine where at least 23 one student completes at least 60 percent of the stu- 24 620 •HR 6800 EH dent’s training leading to a degree of doctor of medi- 1 cine. 2 ‘‘(2) The term ‘institution of higher education’ 3 has the meaning given to such term in section 4 101(a) of the Higher Education Act of 1965. 5 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To 6 carry out this section, there is authorized to be appro- 7 priated $1,000,000,000, to remain available until ex- 8 pended.’’. 9 SEC. 30616. GAO STUDY ON PUBLIC HEALTH WORKFORCE. 10 (a) IN GENERAL.—The Comptroller General of the 11 United States shall conduct a study on the public health 12 workforce in the United States during the COVID–19 13 pandemic. 14 (b) TOPICS.—The study under subsection (a) shall 15 address— 16 (1) existing gaps in the Federal, State, local, 17 Tribal, and territorial public health workforce, in- 18 cluding— 19 (A) epidemiological and disease interven- 20 tion specialists needed during the pandemic for 21 contact tracing, laboratory technicians nec- 22 essary for testing, community health workers 23 for community supports and services, and other 24 621 •HR 6800 EH staff necessary for contact tracing, testing, or 1 surveillance activities; and 2 (B) other personnel needed during the 3 COVID–19 pandemic; 4 (2) challenges associated with the hiring, re- 5 cruitment, and retention of the Federal, State, local, 6 Tribal, and territorial public health workforce; and 7 (3) recommended steps the Federal Government 8 should take to improve hiring, recruitment, and re- 9 tention of the public health workforce. 10 (c) REPORT.—Not later than December 1, 2021, the 11 Comptroller General shall submit to the Congress a report 12 on the findings of the study conducted under this section. 13 SEC. 30617. LONGITUDINAL STUDY ON THE IMPACT OF 14 COVID–19 ON RECOVERED PATIENTS. 15 Part A of title IV of the Public Health Service Act 16 (42 U.S.C. 281 et seq.) is amended by adding at the end 17 the following: 18 ‘‘SEC. 404O. LONGITUDINAL STUDY ON THE IMPACT OF 19 COVID–19 ON RECOVERED PATIENTS. 20 ‘‘(a) IN GENERAL.—The Director of NIH, in con- 21 sultation with the Director of the Centers for Disease Con- 22 trol and Prevention, shall conduct a longitudinal study, 23 over not less than 10 years, on the full impact of SARS– 24 622 •HR 6800 EH CoV–2 or COVID–19 on infected individuals, including 1 both short-term and long-term health impacts. 2 ‘‘(b) TIMING.—The Director of NIH shall begin en- 3 rolling patients in the study under this section not later 4 than 6 months after the date of enactment of this section. 5 ‘‘(c) REQUIREMENTS.—The study under this section 6 shall— 7 ‘‘(1) be nationwide; 8 ‘‘(2) include diversity of enrollees to account for 9 gender, age, race, ethnicity, geography, 10 comorbidities, and underrepresented populations, in- 11 cluding pregnant and lactating women; 12 ‘‘(3) study individuals with COVID–19 who ex- 13 perienced mild symptoms, such individuals who expe- 14 rienced moderate symptoms, and such individuals 15 who experienced severe symptoms; 16 ‘‘(4) monitor the health outcomes and symp- 17 toms of individuals with COVID–19, or who had 18 prenatal exposure to SARS–CoV–2 or COVID–19, 19 including lung capacity and function, and immune 20 response, taking into account any pharmaceutical 21 interventions such individuals may have received; 22 ‘‘(5) monitor the mental health outcomes of in- 23 dividuals with COVID–19, taking into account any 24 interventions that affected mental health; and 25 623 •HR 6800 EH ‘‘(6) monitor individuals enrolled in the study 1 not less frequently than twice per year after the first 2 year of the individual’s infection with SARS–CoV–2. 3 ‘‘(d) PUBLIC-PRIVATE RESEARCH NETWORK.—For 4 purposes of carrying out the study under this section, the 5 Director of NIH may develop a network of public-private 6 research partners, provided that all research, including the 7 research carried out through any such partner, is available 8 publicly. 9 ‘‘(e) SUMMARIES OF FINDINGS.—The Director of 10 NIH shall make public a summary of findings under this 11 section not less frequently than once every 3 months for 12 the first 2 years of the study, and not less frequently than 13 every 6 months thereafter. Such summaries may include 14 information about how the findings of the study under this 15 section compare with findings from research conducted 16 abroad. 17 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 18 is authorized to be appropriated to carry out this section 19 $200,000,000, to remain available until expended.’’. 20 SEC. 30618. RESEARCH ON THE MENTAL HEALTH IMPACT 21 OF COVID–19. 22 (a) IN GENERAL.—The Secretary, acting through the 23 Director of the National Institute of Mental Health, shall 24 624 •HR 6800 EH conduct or support research on the mental health con- 1 sequences of SARS–CoV–2 or COVID–19. 2 (b) USE OF FUNDS.—Research under subsection (a) 3 may include the following: 4 (1) Research on the mental health impact of 5 SARS–CoV–2 or COVID–19 on health care pro- 6 viders, including— 7 (A) traumatic stress; 8 (B) psychological distress; and 9 (C) psychiatric disorders. 10 (2) Research on the impact of SARS–CoV–2 or 11 COVID–19 stressors on mental health over time. 12 (3) Research to strengthen the mental health 13 response to SARS–CoV–2 or COVID–19, including 14 adapting to and maintaining or providing additional 15 services for new or increasing mental health needs. 16 (4) Research on the reach, efficiency, effective- 17 ness, and quality of digital mental health interven- 18 tions. 19 (5) Research on effectiveness of strategies for 20 implementation and delivery of evidence-based men- 21 tal health interventions and services for underserved 22 populations. 23 (6) Research on suicide prevention. 24 625 •HR 6800 EH (c) RESEARCH COORDINATION.—The Secretary shall 1 coordinate activities under this section with similar activi- 2 ties conducted by national research institutes and centers 3 of the National Institutes of Health to the extent that 4 such institutes and centers have responsibilities that are 5 related to the mental health consequences of SARS–CoV– 6 2 or COVID–19. 7 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 8 out this section, there is authorized to be appropriated 9 $200,000,000, to remain available until expended. 10 SEC. 30619. EMERGENCY MENTAL HEALTH AND SUBSTANCE 11 USE TRAINING AND TECHNICAL ASSISTANCE 12 CENTER. 13 Subpart 3 of part B of title V of the Public Health 14 Service Act (42 U.S.C. 290bb–31 et seq.) is amended by 15 inserting after section 520A (42 U.S.C. 290bb–32) the fol- 16 lowing: 17 ‘‘SEC. 520B. EMERGENCY MENTAL HEALTH AND SUB- 18 STANCE USE TRAINING AND TECHNICAL AS- 19 SISTANCE CENTER. 20 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 21 through the Assistant Secretary, shall establish or operate 22 a center to be known as the Emergency Mental Health 23 and Substance Use Training and Technical Assistance 24 626 •HR 6800 EH Center (referred to in this section as the ‘Center’) to pro- 1 vide technical assistance and support— 2 ‘‘(1) to public or nonprofit entities seeking to 3 establish or expand access to mental health and sub- 4 stance use prevention, treatment, and recovery sup- 5 port services, and increase awareness of such serv- 6 ices; and 7 ‘‘(2) to public health professionals, health care 8 professionals and support staff, essential workers (as 9 defined by a State, Tribe, locality, or territory), and 10 members of the public to address the trauma, stress, 11 and mental health needs associated with an emer- 12 gency period. 13 ‘‘(b) ASSISTANCE AND SUPPORT.—The assistance 14 and support provided under subsection (a) shall include 15 assistance and support with respect to— 16 ‘‘(1) training on identifying signs of trauma, 17 stress, and mental health needs; 18 ‘‘(2) providing accessible resources to assist in- 19 dividuals and families experiencing trauma, stress, 20 or other mental health needs during and after an 21 emergency period; 22 ‘‘(3) providing resources for substance use dis- 23 order prevention, treatment, and recovery designed 24 627 •HR 6800 EH to assist individuals and families during and after an 1 emergency period; 2 ‘‘(4) the provision of language access services, 3 including translation services, interpretation, or 4 other such services for individuals with limited 5 English speaking proficiency or people with disabil- 6 ities; and 7 ‘‘(5) evaluation and improvement, as necessary, 8 of the effectiveness of such services provided by pub- 9 lic or nonprofit entities. 10 ‘‘(c) BEST PRACTICES.—The Center shall periodi- 11 cally issue best practices for use by organizations seeking 12 to provide mental health services or substance use disorder 13 prevention, treatment, or recovery services to individuals 14 during and after an emergency period. 15 ‘‘(d) EMERGENCY PERIOD.—In this section, the term 16 ‘emergency period’ has the meaning given such term in 17 section 1135(g)(1)(A) of the Social Security Act. 18 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 19 is authorized to be appropriated to carry out this section 20 $20,000,000 for each of fiscal years 2020 and 2021.’’. 21 SEC. 30620. IMPORTANCE OF THE BLOOD AND PLASMA SUP- 22 PLY. 23 (a) IN GENERAL.—Section 3226 of the CARES Act 24 (Public Law 116–136) is amended— 25 628 •HR 6800 EH (1) in the section heading after ‘‘BLOOD’’ by 1 inserting ‘‘AND PLASMA’’; and 2 (2) by inserting after ‘‘blood’’ each time it ap- 3 pears ‘‘and plasma’’. 4 (b) CONFORMING AMENDMENT.—The item relating 5 to section 3226 in the table of contents in section 2 of 6 the CARES Act (Public Law 116–136) is amended to read 7 as follows: 8 ‘‘Sec. 3226. Importance of the blood and plasma supply.’’. Subtitle B—Assistance for 9 Individuals and Families 10 SEC. 30631. REIMBURSEMENT FOR ADDITIONAL HEALTH 11 SERVICES RELATING TO CORONAVIRUS. 12 Title V of division A of the Families First 13 Coronavirus Response Act (Public Law 116–127) is 14 amended under the heading ‘‘Department of Health and 15 Human Services—Office of the Secretary—Public Health 16 and Social Services Emergency Fund’’ by inserting ‘‘, or 17 treatment related to SARS–CoV–2 or COVID–19 for un- 18 insured individuals’’ after ‘‘or visits described in para- 19 graph (2) of such section for uninsured individuals’’. 20 SEC. 30632. CENTERS FOR DISEASE CONTROL AND PREVEN- 21 TION COVID–19 RESPONSE LINE. 22 (a) IN GENERAL.—During the public health emer- 23 gency declared by the Secretary pursuant to section 319 24 of the Public Health Service Act (42 U.S.C. 247d) on Jan- 25 629 •HR 6800 EH uary 31, 2020 with respect to COVID–19, the Secretary, 1 acting through the Director of the Centers for Disease 2 Control and Prevention, shall maintain a toll-free tele- 3 phone number to address public health queries, including 4 questions concerning COVID–19. 5 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 6 out this section, there is authorized to be appropriated 7 $10,000,000, to remain available until expended. 8 SEC. 30633. GRANTS TO ADDRESS SUBSTANCE USE DURING 9 COVID–19. 10 (a) IN GENERAL.—The Assistant Secretary for Men- 11 tal Health and Substance Use of the Department of 12 Health and Human Services (in this section referred to 13 as the ‘‘Assistant Secretary’’), in consultation with the Di- 14 rector of the Centers for Disease Control and Prevention, 15 shall award grants to States, political subdivisions of 16 States, Tribes, Tribal organizations, and community-based 17 entities to address the harms of drug misuse, including 18 by— 19 (1) preventing and controlling the spread of in- 20 fectious diseases, such as HIV/AIDS and viral hepa- 21 titis, and the consequences of such diseases for indi- 22 viduals with substance use disorder; 23 630 •HR 6800 EH (2) connecting individuals at risk for or with a 1 substance use disorder to overdose education, coun- 2 seling, and health education; or 3 (3) encouraging such individuals to take steps 4 to reduce the negative personal and public health 5 impacts of substance use or misuse during the emer- 6 gency period. 7 (b) CONSIDERATIONS.—In awarding grants under 8 this section, the Assistant Secretary shall prioritize grants 9 to applicants proposing to serve areas with— 10 (1) a high proportion of people who meet cri- 11 teria for dependence on or abuse of illicit drugs who 12 have not received any treatment; 13 (2) high drug overdose death rates; 14 (3) high telemedicine infrastructure needs; and 15 (4) high behavioral health and substance use 16 disorder workforce needs. 17 (c) DEFINITION.—In this section, the term ‘‘emer- 18 gency period’’ has the meaning given to such term in sec- 19 tion 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 20 1320b–5(g)(1)(B))). 21 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 22 out this section, there is authorized to be appropriated 23 $10,000,000, to remain available until expended. 24 631 •HR 6800 EH SEC. 30634. GRANTS TO SUPPORT INCREASED BEHAVIORAL 1 HEALTH NEEDS DUE TO COVID–19. 2 (a) IN GENERAL.—The Secretary, acting through the 3 Assistant Secretary of Mental Health and Substance Use, 4 shall award grants to States, political subdivisions of 5 States, Indian Tribes and Tribal organizations, commu- 6 nity-based entities, and primary care and behavioral 7 health organizations to address behavioral health needs 8 caused by the public health emergency declared pursuant 9 to section 319 of the Public Health Service Act (42 U.S.C. 10 247d) with respect to COVID–19. 11 (b) USE OF FUNDS.—An entity that receives a grant 12 under subsection (a) may use funds received through such 13 grant to— 14 (1) increase behavioral health treatment and 15 prevention capacity, including to— 16 (A) promote coordination among local enti- 17 ties; 18 (B) train the behavioral health workforce, 19 relevant stakeholders, and community members; 20 (C) upgrade technology to support effective 21 delivery of health care services through tele- 22 health modalities; 23 (D) purchase medical supplies and equip- 24 ment for behavioral health treatment entities 25 and providers; 26 632 •HR 6800 EH (E) address surge capacity for behavioral 1 health needs such as through mobile units; and 2 (F) promote collaboration between primary 3 care and mental health providers; and 4 (2) support or enhance behavioral health serv- 5 ices, including— 6 (A) emergency crisis intervention, includ- 7 ing mobile crisis units, 24/7 crisis call centers, 8 and medically staffed crisis stabilization pro- 9 grams; 10 (B) screening, assessment, diagnosis, and 11 treatment; 12 (C) mental health awareness trainings; 13 (D) evidence-based suicide prevention; 14 (E) evidence-based integrated care models; 15 (F) community recovery supports; 16 (G) outreach to underserved and minority 17 communities; and 18 (H) for front line health care workers. 19 (c) PRIORITY.—The Secretary shall give priority to 20 applicants proposing to serve areas with a high number 21 of COVID–19 cases. 22 (d) EVALUATION.—An entity that receives a grant 23 under this section shall prepare and submit an evaluation 24 to the Secretary at such time, in such manner, and con- 25 633 •HR 6800 EH taining such information as the Secretary may reasonably 1 require, including— 2 (1) an evaluation of activities carried out with 3 funds received through the grant; and 4 (2) a process and outcome evaluation. 5 (e) AUTHORIZATION OF APPROPRIATIONS.—To carry 6 out this section, there is authorized to be appropriated 7 $50,000,000 for each of fiscal years 2020 and 2021, to 8 remain available until expended. 9 Subtitle C—Assistance to Tribes 10 SEC. 30641. IMPROVING STATE, LOCAL, AND TRIBAL PUB- 11 LIC HEALTH SECURITY. 12 Section 319C–1 of the Public Health Service Act (42 13 U.S.C. 247d–3a) is amended— 14 (1) in the section heading, by striking ‘‘AND 15 LOCAL’’ and inserting ‘‘, LOCAL, AND TRIBAL’’; 16 (2) in subsection (b)— 17 (A) in paragraph (1)— 18 (i) in subparagraph (B), by striking 19 ‘‘or’’ at the end; 20 (ii) in subparagraph (C), by striking 21 ‘‘and’’ at the end and inserting ‘‘or’’; and 22 (iii) by adding at the end the fol- 23 lowing: 24 634 •HR 6800 EH ‘‘(D) be an Indian Tribe, Tribal organiza- 1 tion, or a consortium of Indian Tribes or Tribal 2 organizations; and’’; and 3 (B) in paragraph (2)— 4 (i) in the matter preceding subpara- 5 graph (A), by inserting ‘‘, as applicable’’ 6 after ‘‘including’’; 7 (ii) in subparagraph (A)(viii)— 8 (I) by inserting ‘‘and Tribal’’ 9 after ‘‘with State’’; 10 (II) by striking ‘‘(as defined in 11 section 8101 of the Elementary and 12 Secondary Education Act of 1965)’’ 13 and inserting ‘‘and Tribal educational 14 agencies (as defined in sections 8101 15 and 6132, respectively, of the Elemen- 16 tary and Secondary Education Act of 17 1965)’’; and 18 (III) by inserting ‘‘and Tribal’’ 19 after ‘‘and State’’; 20 (iii) in subparagraph (G), by striking 21 ‘‘and tribal’’ and inserting ‘‘Tribal, and 22 urban Indian organization’’; and 23 635 •HR 6800 EH (iv) in subparagraph (H), by inserting 1 ‘‘, Indian Tribes, and urban Indian organi- 2 zations’’ after ‘‘public health’’; 3 (3) in subsection (e), by inserting ‘‘Indian 4 Tribes, Tribal organizations, urban Indian organiza- 5 tions,’’ after ‘‘local emergency plans,’’; 6 (4) in subsection (g)(1), by striking ‘‘tribal offi- 7 cials’’ and inserting ‘‘Tribal officials’’; 8 (5) in subsection (h)— 9 (A) in paragraph (1)(A)— 10 (i) by striking ‘‘through 2023’’ and 11 inserting ‘‘and 2020’’; and 12 (ii) by inserting before the period ‘‘; 13 and $690,000,000 for each of fiscal years 14 2021 through 2023 for awards pursuant to 15 paragraph (3) (subject to the authority of 16 the Secretary to make awards pursuant to 17 paragraphs (4) and (5)) and paragraph 18 (8), of which not less than $5,000,000 19 shall be reserved each fiscal year for 20 awards under paragraph (8)’’; 21 (B) in subsection (h)(2)(B), by striking 22 ‘‘tribal public’’ and inserting ‘‘Tribal public’’; 23 (C) in the heading of paragraph (3), by in- 24 serting ‘‘FOR STATES’’ after ‘‘AMOUNT’’; and 25 636 •HR 6800 EH (D) by adding at the end the following: 1 ‘‘(8) TRIBAL ELIGIBLE ENTITIES.— 2 ‘‘(A) DETERMINATION OF FUNDING 3 AMOUNT.— 4 ‘‘(i) IN GENERAL.—The Secretary 5 shall award at least 10 cooperative agree- 6 ments under this section, in amounts not 7 less than the minimum amount determined 8 under clause (ii), to eligible entities de- 9 scribed in subsection (b)(1)(D) that sub- 10 mits to the Secretary an application that 11 meets the criteria of the Secretary for the 12 receipt of such an award and that meets 13 other reasonable implementation conditions 14 established by the Secretary, in consulta- 15 tion with Indian Tribes, for such awards. 16 If the Secretary receives more than 10 ap- 17 plications under this section from eligible 18 entities described in subsection (b)(1)(D) 19 that meet the criteria and conditions de- 20 scribed in the previous sentence, the Sec- 21 retary, in consultation with Indian Tribes, 22 may make additional awards under this 23 section to such entities. 24 637 •HR 6800 EH ‘‘(ii) MINIMUM AMOUNT.—In deter- 1 mining the minimum amount of an award 2 pursuant to clause (i), the Secretary, in 3 consultation with Indian Tribes, shall first 4 determine an amount the Secretary con- 5 siders appropriate for the eligible entity. 6 ‘‘(B) AVAILABLE UNTIL EXPENDED.— 7 Amounts provided to a Tribal eligible entity 8 under a cooperative agreement under this sec- 9 tion for a fiscal year and remaining unobligated 10 at the end of such year shall remain available 11 to such entity during the entirety of the per- 12 formance period, for the purposes for which 13 said funds were provided. 14 ‘‘(C) NO MATCHING REQUIREMENT.—Sub- 15 paragraphs (B), (C), and (D) of paragraph (1) 16 shall not apply with respect to cooperative 17 agreements awarded under this section to eligi- 18 ble entities described in subsection (b)(1)(D).’’; 19 and 20 (6) by adding at the end the following: 21 ‘‘(l) SPECIAL RULES RELATED TO TRIBAL ELIGIBLE 22 ENTITIES.— 23 ‘‘(1) MODIFICATIONS.—After consultation with 24 Indian Tribes, the Secretary may make necessary 25 638 •HR 6800 EH and appropriate modifications to the program under 1 this section to facilitate the use of the cooperative 2 agreement program by eligible entities described in 3 subsection (b)(1)(D). 4 ‘‘(2) WAIVERS.— 5 ‘‘(A) IN GENERAL.—Except as provided in 6 subparagraph (B), the Secretary may waive or 7 specify alternative requirements for any provi- 8 sion of this section (including regulations) that 9 the Secretary administers in connection with 10 this section if the Secretary finds that the waiv- 11 er or alternative requirement is necessary for 12 the effective delivery and administration of this 13 program with respect to eligible entities de- 14 scribed in subsection (b)(1)(D). 15 ‘‘(B) EXCEPTION.—The Secretary may not 16 waive or specify alternative requirements under 17 subparagraph (A) relating to labor standards or 18 the environment. 19 ‘‘(3) CONSULTATION.—The Secretary shall con- 20 sult with Indian Tribes and Tribal organizations on 21 the design of this program with respect to such 22 Tribes and organizations to ensure the effectiveness 23 of the program in enhancing the security of Indian 24 Tribes with respect to public health emergencies. 25 639 •HR 6800 EH ‘‘(4) REPORTING.— 1 ‘‘(A) IN GENERAL.—Not later than 2 years 2 after the date of enactment of this subsection, 3 and as an addendum to the biennial evaluations 4 required under subsection (k), the Secretary, in 5 coordination with the Director of the Indian 6 Health Service, shall— 7 ‘‘(i) conduct a review of the implemen- 8 tation of this section with respect to eligi- 9 ble entities described in subsection 10 (b)(1)(D), including any factors that may 11 have limited its success; and 12 ‘‘(ii) submit a report describing the 13 results of the review described in clause (i) 14 to— 15 ‘‘(I) the Committee on Indian Af- 16 fairs, the Committee on Health, Edu- 17 cation, Labor and Pensions, and the 18 Committee on Appropriations of the 19 Senate; and 20 ‘‘(II) the Subcommittee for In- 21 digenous Peoples of the United States 22 of the Committee on Natural Re- 23 sources, the Committee on Energy 24 and Commerce, and the Committee on 25 640 •HR 6800 EH Appropriations of the House of Rep- 1 resentatives. 2 ‘‘(B) ANALYSIS OF TRIBAL PUBLIC 3 HEALTH EMERGENCY INFRASTRUCTURE LIMI- 4 TATION.—The Secretary shall include in the 5 initial report submitted under subparagraph (A) 6 a description of any public health emergency in- 7 frastructure limitation encountered by eligible 8 entities described in subsection (b)(1)(D).’’. 9 SEC. 30642. PROVISION OF ITEMS TO INDIAN PROGRAMS 10 AND FACILITIES. 11 (a) STRATEGIC NATIONAL STOCKPILE.—Section 12 319F–2(a)(3)(G) of the Public Health Service Act (42 13 U.S.C. 247d–6b(a)(3)(G)) is amended by inserting ‘‘, and, 14 in the case that the Secretary deploys the stockpile under 15 this subparagraph, ensure, in coordination with the appli- 16 cable States and programs and facilities, that appropriate 17 drugs, vaccines and other biological products, medical de- 18 vices, and other supplies are deployed by the Secretary di- 19 rectly to health programs or facilities operated by the In- 20 dian Health Service, an Indian Tribe, a Tribal organiza- 21 tion (as those terms are defined in section 4 of the Indian 22 Self-Determination and Education Assistance Act (25 23 U.S.C. 5304)), or an inter-Tribal consortium (as defined 24 in section 501 of the Indian Self-Determination and Edu- 25 641 •HR 6800 EH cation Assistance Act (25 U.S.C. 5381)) or through an 1 urban Indian organization (as defined in section 4 of the 2 Indian Health Care Improvement Act), while avoiding du- 3 plicative distributions to such programs or facilities’’ be- 4 fore the semicolon. 5 (b) DISTRIBUTION OF QUALIFIED PANDEMIC OR EPI- 6 DEMIC PRODUCTS TO IHS FACILITIES.—Title III of the 7 Public Health Service Act (42 U.S.C. 241 et seq.) is 8 amended by inserting after section 319F–4 the following: 9 ‘‘SEC. 319F–5. DISTRIBUTION OF QUALIFIED PANDEMIC OR 10 EPIDEMIC PRODUCTS TO INDIAN PROGRAMS 11 AND FACILITIES. 12 ‘‘In the case that the Secretary distributes qualified 13 pandemic or epidemic products (as defined in section 14 319F–3(i)(7)) to States or other entities, the Secretary 15 shall ensure, in coordination with the applicable States 16 and programs and facilities, that, as appropriate, such 17 products are distributed directly to health programs or fa- 18 cilities operated by the Indian Health Service, an Indian 19 Tribe, a Tribal organization (as those terms are defined 20 in section 4 of the Indian Self-Determination and Edu- 21 cation Assistance Act (25 U.S.C. 5304)), or an inter-Trib- 22 al consortium (as defined in section 501 of the Indian 23 Self-Determination and Education Assistance Act (25 24 U.S.C. 5381)) or through an urban Indian organization 25 642 •HR 6800 EH (as defined in section 4 of the Indian Health Care Im- 1 provement Act), while avoiding duplicative distributions to 2 such programs or facilities.’’. 3 TITLE VII—OTHER MATTERS 4 SEC. 30701. NON-DISCRIMINATION. 5 (a) IN GENERAL.—Notwithstanding any provision of 6 a covered law (or an amendment made in any such provi- 7 sion), no person otherwise eligible shall be excluded from 8 participation in, denied the benefits of, or subjected to dis- 9 crimination in the administration of, programs and serv- 10 ices receiving funding under a covered law (or an amend- 11 ment made by a provision of such a covered law), based 12 on any factor that is not merit-based, such as age, dis- 13 ability, sex (including sexual orientation, gender identity, 14 and pregnancy, childbirth, and related medical condi- 15 tions), race, color, national origin, immigration status, or 16 religion. 17 (b) COVERED LAW DEFINED.—In this section, the 18 term ‘‘covered law’’ includes— 19 (1) this Act (other than this section); 20 (2) title I of division B of the Paycheck Protec- 21 tion Program and Healthcare Enhancement Act 22 (Public Law 116–139); 23 (3) subtitles A, D, and E of title III of the 24 CARES Act (Public Law 116–136); 25 643 •HR 6800 EH (4) division F of the Families First Coronavirus 1 Relief Act (Public Law 116–127); and 2 (5) division B of the Coronavirus Preparedness 3 and Response Supplemental Appropriations Act, 4 2020 (Public Law 116–123). 5 DIVISION D—RETIREMENT 6 PROVISIONS 7 SEC. 40001. SHORT TITLE. 8 This division may be cited as the ‘‘Emergency Pen- 9 sion Plan Relief Act of 2020’’. 10 TITLE I—RELIEF FOR MULTIEM- 11 PLOYER PENSION PLANS 12 SEC. 40101. SPECIAL PARTITION RELIEF. 13 (a) APPROPRIATION.—Section 4005 of the Employee 14 Retirement Income Security Act of 1974 (29 U.S.C. 1305) 15 is amended by adding at the end the following: 16 ‘‘(i)(1) An eighth fund shall be established for parti- 17 tion assistance to multiemployer pension plans, as pro- 18 vided under section 4233A, and to pay for necessary ad- 19 ministrative and operating expenses relating to such as- 20 sistance. 21 ‘‘(2) There is appropriated from the general fund 22 such amounts as necessary for the costs of providing parti- 23 tion assistance under section 4233A and necessary admin- 24 istrative and operating expenses. The eighth fund estab- 25 644 •HR 6800 EH lished under this subsection shall be credited with such 1 amounts from time to time as the Secretary of the Treas- 2 ury determines appropriate, from the general fund of the 3 Treasury, and such amounts shall remain available until 4 expended.’’. 5 (b) SPECIAL PARTITION AUTHORITY.—The Em- 6 ployee Retirement Income Security Act of 1974 (29 7 U.S.C. 1001 et seq.) is amended by inserting after section 8 4233 the following: 9 ‘‘SEC. 4233A. SPECIAL PARTITION RELIEF. 10 ‘‘(a) SPECIAL PARTITION AUTHORITY.— 11 ‘‘(1) IN GENERAL.—Upon the application of a 12 plan sponsor of an eligible multiemployer plan for 13 partition of the plan under this section, the corpora- 14 tion shall order a partition of the plan in accordance 15 with this section. 16 ‘‘(2) INAPPLICABILITY OF CERTAIN REPAYMENT 17 OBLIGATION.—A plan receiving partition assistance 18 pursuant to this section shall not be subject to re- 19 payment obligations under section 4261(b)(2). 20 ‘‘(b) ELIGIBLE PLANS.— 21 ‘‘(1) IN GENERAL.—For purposes of this sec- 22 tion, a multiemployer plan is an eligible multiem- 23 ployer plan if— 24 645 •HR 6800 EH ‘‘(A) the plan is in critical and declining 1 status (within the meaning of section 2 305(b)(6)) in any plan year beginning in 2020 3 through 2024; 4 ‘‘(B) a suspension of benefits has been ap- 5 proved with respect to the plan under section 6 305(e)(9) as of the date of the enactment of 7 this section; 8 ‘‘(C) in any plan year beginning in 2020 9 through 2024, the plan is certified by the plan 10 actuary to be in critical status (within the 11 meaning of section 305(b)(2)), has a modified 12 funded percentage of less than 40 percent, and 13 has a ratio of active to inactive participants 14 which is less than 2 to 3; or 15 ‘‘(D) the plan is insolvent for purposes of 16 section 418E of the Internal Revenue Code of 17 1986 as of the date of enactment of this sec- 18 tion, if the plan became insolvent after Decem- 19 ber 16, 2014, and has not been terminated by 20 such date of enactment. 21 ‘‘(2) MODIFIED FUNDED PERCENTAGE.—For 22 purposes of paragraph (1)(C), the term ‘modified 23 funded percentage’ means the percentage equal to a 24 fraction the numerator of which is current value of 25 646 •HR 6800 EH plan assets (as defined in section 3(26) of such Act) 1 and the denominator of which is current liabilities 2 (as defined in section 431(c)(6)(D) of such Code and 3 section 304(c)(6)(D) of such Act). 4 ‘‘(c) APPLICATIONS FOR SPECIAL PARTITION.— 5 ‘‘(1) GUIDANCE.—The corporation shall issue 6 guidance setting forth requirements for special parti- 7 tion applications under this section not later than 8 120 days after the date of the enactment of this sec- 9 tion. In such guidance, the corporation shall— 10 ‘‘(A) limit the materials required for a spe- 11 cial partition application to the minimum nec- 12 essary to make a determination on the applica- 13 tion; and 14 ‘‘(B) provide for an alternate application 15 for special partition under this section, which 16 may be used by a plan that has been approved 17 for a partition under section 4233 before the 18 date of enactment of this section. 19 ‘‘(2) TEMPORARY PRIORITY CONSIDERATION OF 20 APPLICATIONS.— 21 ‘‘(A) IN GENERAL.—The corporation may 22 specify in guidance under paragraph (1) that, 23 during the first 2 years following the date of 24 enactment of this section, special partition ap- 25 647 •HR 6800 EH plications will be provided priority consider- 1 ation, if— 2 ‘‘(i) the plan is likely to become insol- 3 vent within 5 years of the date of enact- 4 ment of this section; 5 ‘‘(ii) the corporation projects a plan to 6 have a present value of financial assistance 7 payments under section 4261 that exceeds 8 $1,000,000,000 if the special partition is 9 not ordered; 10 ‘‘(iii) the plan has implemented ben- 11 efit suspensions under section 305(e)(9) as 12 of the date of the enactment of this sec- 13 tion; or 14 ‘‘(iv) the corporation determines it ap- 15 propriate based on other circumstances. 16 ‘‘(B) NO EFFECT ON AMOUNT OF ASSIST- 17 ANCE.—A plan that is approved for special par- 18 tition assistance under this section shall not re- 19 ceive reduced special partition assistance on ac- 20 count of not receiving priority consideration 21 under subparagraph (A). 22 ‘‘(3) ACTUARIAL ASSUMPTIONS AND OTHER IN- 23 FORMATION.—The corporation shall accept assump- 24 tions incorporated in a multiemployer plan’s deter- 25 648 •HR 6800 EH mination that it is in critical status or critical and 1 declining status (within the meaning of section 2 305(b)), or that the plan’s modified funded percent- 3 age is less than 40 percent, unless such assumptions 4 are clearly erroneous. The corporation may require 5 such other information as the corporation deter- 6 mines appropriate for making a determination of eli- 7 gibility and the amount of special partition assist- 8 ance necessary under this section. 9 ‘‘(4) APPLICATION DEADLINE.—Any application 10 by a plan for special partition assistance under this 11 section shall be submitted no later than December 12 31, 2026, and any revised application for special 13 partition assistance shall be submitted no later than 14 December 31, 2027. 15 ‘‘(5) NOTICE OF APPLICATION.—Not later than 16 120 days after the date of enactment of this section, 17 the corporation shall issue guidance requiring multi- 18 employer plans to notify participants and bene- 19 ficiaries that the plan has applied for partition 20 under this section, after the corporation has deter- 21 mined that the application is complete. Such notice 22 shall reference the special partition relief internet 23 website described in subsection (p). 24 649 •HR 6800 EH ‘‘(d) DETERMINATIONS ON APPLICATIONS.—A plan’s 1 application for special partition under this section that is 2 timely filed in accordance with guidance issued under sub- 3 section (c)(1) shall be deemed approved and the corpora- 4 tion shall issue a special partition order unless the cor- 5 poration notifies the plan within 120 days of the filing 6 of the application that the application is incomplete or the 7 plan is not eligible under this section. Such notice shall 8 specify the reasons the plan is ineligible for a special parti- 9 tion or information needed to complete the application. If 10 a plan is denied partition under this subsection, the plan 11 may submit a revised application under this section. Any 12 revised application for special partition submitted by a 13 plan shall be deemed approved unless the corporation noti- 14 fies the plan within 120 days of the filing of the revised 15 application that the application is incomplete or the plan 16 is not eligible under this section. A special partition order 17 issued by the corporation shall be effective no later than 18 120 days after a plan’s special partition application is ap- 19 proved by the corporation or deemed approved. 20 ‘‘(e) AMOUNT AND MANNER OF SPECIAL PARTITION 21 ASSISTANCE.— 22 ‘‘(1) IN GENERAL.—The liabilities of an eligible 23 multiemployer plan that the corporation assumes 24 pursuant to a special partition order under this sec- 25 650 •HR 6800 EH tion shall be the amount necessary for the plan to 1 meet its funding goals described in subsection (g). 2 ‘‘(2) NO CAP.—Liabilities assumed by the cor- 3 poration pursuant to a special partition order under 4 this section shall not be capped by the guarantee 5 under section 4022A. The corporation shall have dis- 6 cretion on how liabilities of the plan are partitioned. 7 ‘‘(f) SUCCESSOR PLAN.— 8 ‘‘(1) IN GENERAL.—The plan created by a spe- 9 cial partition order under this section is a successor 10 plan to which section 4022A applies. 11 ‘‘(2) PLAN SPONSOR AND ADMINISTRATOR.— 12 The plan sponsor of an eligible multiemployer plan 13 prior to the special partition and the administrator 14 of such plan shall be the plan sponsor and the ad- 15 ministrator, respectively, of the plan created by the 16 partition. 17 ‘‘(g) FUNDING GOALS.— 18 ‘‘(1) IN GENERAL.—The funding goals of a 19 multiemployer plan eligible for partition under this 20 section are both of the following: 21 ‘‘(A) The plan will remain solvent over 30 22 years with no reduction in a participant’s or 23 beneficiary’s accrued benefit (except to the ex- 24 tent of a reduction in accordance with section 25 651 •HR 6800 EH 305(e)(8) adopted prior to the plan’s applica- 1 tion for partition under this section). 2 ‘‘(B) The funded percentage of the plan 3 (disregarding partitioned benefits) at the end of 4 the 30-year period is projected to be 80 percent. 5 ‘‘(2) BASIS.—The funding projections under 6 paragraph (1) shall be performed on a deterministic 7 basis. 8 ‘‘(h) RESTORATION OF BENEFIT SUSPENSIONS.—An 9 eligible multiemployer plan that is partitioned under this 10 section shall— 11 ‘‘(1) reinstate any benefits that were suspended 12 under section 305(e)(9) or section 4245(a), effective 13 as of the first month the special partition order is 14 effective, for participants or beneficiaries as of the 15 effective date of the partition; and 16 ‘‘(2) provide payments equal to the amount of 17 benefits previously suspended to any participants or 18 beneficiaries in pay status as of the effective date of 19 the special partition, payable in the form of a lump 20 sum within 3 months of such effective date or in 21 equal monthly installments over a period of 5 years, 22 with no adjustment for interest. 23 ‘‘(i) ADJUSTMENT OF SPECIAL PARTITION ASSIST- 24 ANCE.— 25 652 •HR 6800 EH ‘‘(1) IN GENERAL.—Every 5 years, the corpora- 1 tion shall adjust the special partition assistance de- 2 scribed in subsection (e) as necessary for the eligible 3 multiemployer plan to satisfy the funding goals de- 4 scribed in subsection (g). If the 30 year period de- 5 scribed in subsection (g) has lapsed, in applying this 6 paragraph, 5 years shall be substituted for 30 years. 7 ‘‘(2) SUBMISSION OF INFORMATION.—An eligi- 8 ble multiemployer plan that is the subject of a spe- 9 cial partition order under subsection (a) shall submit 10 such information as the corporation may require to 11 determine the amount of the adjustment under para- 12 graph (1). 13 ‘‘(3) CESSATION OF ADJUSTMENTS.—Adjust- 14 ments under this subsection with respect to special 15 partition assistance for an eligible multiemployer 16 plan shall cease and the corporation shall perma- 17 nently assume liability for payment of any benefits 18 transferred to the successor plan (subject to sub- 19 section (l)) beginning with the first plan year that 20 the funded percentage of the eligible multiemployer 21 plan (disregarding partitioned benefits) is at least 22 80 percent and the plan’s projected funded percent- 23 age for each of the next 10 years is at least 80 per- 24 cent. Any accumulated funding deficiency of the 25 653 •HR 6800 EH plan (within the meaning of section 304(a)) shall be 1 reduced to zero as of the first day of the plan year 2 for which partition assistance is permanent under 3 this paragraph. 4 ‘‘(j) CONDITIONS ON PLANS DURING PARTITION.— 5 ‘‘(1) IN GENERAL.—The corporation may im- 6 pose, by regulation, reasonable conditions on an eli- 7 gible multiemployer plan that is partitioned under 8 section (a) relating to increases in future accrual 9 rates and any retroactive benefit improvements, allo- 10 cation of plan assets, reductions in employer con- 11 tribution rates, diversion of contributions to, and al- 12 location of, expenses to other retirement plans, and 13 withdrawal liability. 14 ‘‘(2) LIMITATIONS.—The corporation shall not 15 impose conditions on an eligible multiemployer plan 16 as a condition of or following receipt of such parti- 17 tion assistance under this section relating to— 18 ‘‘(A) any reduction in plan benefits (in- 19 cluding benefits that may be adjusted pursuant 20 to section 305(e)(8)); 21 ‘‘(B) plan governance, including selection 22 of, removal of, and terms of contracts with, 23 trustees, actuaries, investment managers, and 24 other service providers; or 25 654 •HR 6800 EH ‘‘(C) any funding rules relating to the plan 1 that is partitioned under this section. 2 ‘‘(3) CONDITION.—An eligible multiemployer 3 plan that is partitioned under subsection (a) shall 4 continue to pay all premiums due under section 5 4007 for participants and beneficiaries in the plan 6 created by a special partition order until the plan 7 year beginning after a cessation of adjustments ap- 8 plies under subsection (i). 9 ‘‘(k) WITHDRAWAL LIABILITY.—An employer’s with- 10 drawal liability for purposes of this title shall be calculated 11 taking into account any plan liabilities that are partitioned 12 under subsection (a) until the plan year beginning after 13 the expiration of 15 calendar years from the effective date 14 of the partition. 15 ‘‘(l) CESSATION OF PARTITION ASSISTANCE.—If a 16 plan that receives partition assistance under this section 17 becomes insolvent for purposes of section 418E of the In- 18 ternal Revenue Code of 1986, the plan shall no longer be 19 eligible for assistance under this section and shall be eligi- 20 ble for assistance under section 4261. 21 ‘‘(m) REPORTING.—An eligible multiemployer plan 22 that receives partition assistance under this section shall 23 file with the corporation a report, including the following 24 information, in such manner (which may include electronic 25 655 •HR 6800 EH filing requirements) and at such time as the corporation 1 requires: 2 ‘‘(1) The funded percentage (as defined in sec- 3 tion 305(j)(2)) as of the first day of such plan year, 4 and the underlying actuarial value of assets and li- 5 abilities taken into account in determining such per- 6 centage. 7 ‘‘(2) The market value of the assets of the plan 8 (determined as provided in paragraph (1)) as of the 9 last day of the plan year preceding such plan year. 10 ‘‘(3) The total value of all contributions made 11 by employers and employees during the plan year 12 preceding such plan year. 13 ‘‘(4) The total value of all benefits paid during 14 the plan year preceding such plan year. 15 ‘‘(5) Cash flow projections for such plan year 16 and the 9 succeeding plan years, and the assump- 17 tions used in making such projections. 18 ‘‘(6) Funding standard account projections for 19 such plan year and the 9 succeeding plan years, and 20 the assumptions relied upon in making such projec- 21 tions. 22 ‘‘(7) The total value of all investment gains or 23 losses during the plan year preceding such plan year. 24 656 •HR 6800 EH ‘‘(8) Any significant reduction in the number of 1 active participants during the plan year preceding 2 such plan year, and the reason for such reduction. 3 ‘‘(9) A list of employers that withdrew from the 4 plan in the plan year preceding such plan year, the 5 payment schedule with respect to such withdrawal li- 6 ability, and the resulting reduction in contributions. 7 ‘‘(10) A list of employers that paid withdrawal 8 liability to the plan during the plan year preceding 9 such plan year and, for each employer, a total as- 10 sessment of the withdrawal liability paid, the annual 11 payment amount, and the number of years remain- 12 ing in the payment schedule with respect to such 13 withdrawal liability. 14 ‘‘(11) Any material changes to benefits, accrual 15 rates, or contribution rates during the plan year pre- 16 ceding such plan year, and whether such changes re- 17 late to the conditions of the partition assistance. 18 ‘‘(12) Details regarding any funding improve- 19 ment plan or rehabilitation plan and updates to such 20 plan. 21 ‘‘(13) The number of participants and bene- 22 ficiaries during the plan year preceding such plan 23 year who are active participants, the number of par- 24 ticipants and beneficiaries in pay status, and the 25 657 •HR 6800 EH number of terminated vested participants and bene- 1 ficiaries. 2 ‘‘(14) The information contained on the most 3 recent annual funding notice submitted by the plan 4 under section 101(f). 5 ‘‘(15) The information contained on the most 6 recent annual return under section 6058 of the In- 7 ternal Revenue Code of 1986 and actuarial report 8 under section 6059 of such Code of the plan. 9 ‘‘(16) Copies of the plan document and amend- 10 ments, other retirement benefit or ancillary benefit 11 plans relating to the plan and contribution obliga- 12 tions under such plans, a breakdown of administra- 13 tive expenses of the plan, participant census data 14 and distribution of benefits, the most recent actu- 15 arial valuation report as of the plan year, financial 16 reports, and copies of the portions of collective bar- 17 gaining agreements relating to plan contributions, 18 funding coverage, or benefits, and such other infor- 19 mation as the corporation may reasonably require. 20 Any information disclosed by a plan to the corporation 21 that could identify individual employers shall be confiden- 22 tial and not subject to publication or disclosure. 23 ‘‘(n) REPORT TO CONGRESS.— 24 658 •HR 6800 EH ‘‘(1) IN GENERAL.—Not later than 1 year after 1 the date of enactment of this section and annually 2 thereafter, the board of directors of the corporation 3 shall submit to the Committee on Health, Edu- 4 cation, Labor, and Pensions and the Committee on 5 Finance of the Senate and the Committee on Edu- 6 cation and Labor and the Committee on Ways and 7 Means of the House of Representatives a detailed re- 8 port on the implementation and administration of 9 this section. Such report shall include— 10 ‘‘(A) information on the name and number 11 of multiemployer plans that have applied for 12 partition assistance under this section; 13 ‘‘(B) the name and number of such plans 14 that have been approved for partition assistance 15 under this section and the name and number of 16 the plans that have not been approved for spe- 17 cial partition assistance; 18 ‘‘(C) a detailed rationale for any decision 19 by the corporation to not approve an applica- 20 tion for special partition assistance; 21 ‘‘(D) the amount of special partition as- 22 sistance provided to eligible multiemployer 23 plans (including amounts provided on an indi- 24 vidual plan basis and in the aggregate); 25 659 •HR 6800 EH ‘‘(E) the name and number of the multi- 1 employer plans that restored benefit suspen- 2 sions and provided lump sum or monthly in- 3 stallment payments to participants or bene- 4 ficiaries; 5 ‘‘(F) the amount of benefits that were re- 6 stored and lump sum or monthly installment 7 payments that were paid (including amounts 8 provided on an individual plan basis and in the 9 aggregate); 10 ‘‘(G) the name and number of the plans 11 that received adjustments to partition assist- 12 ance under subsection (i); 13 ‘‘(H) a list of, and rationale for, each rea- 14 sonable condition imposed by the corporation on 15 plans approved for special partition assistance 16 under this section; 17 ‘‘(I) the contracts that have been awarded 18 by the corporation to implement or administer 19 this section; 20 ‘‘(J) the number, purpose, and dollar 21 amounts of the contracts that have been award- 22 ed to implement or administer the section; 23 ‘‘(K) a detailed summary of the reports re- 24 quired under subsection (m); and 25 660 •HR 6800 EH ‘‘(L) a detailed summary of the feedback 1 received on the pension relief internet website 2 established under subsection (p). 3 ‘‘(2) PBGC CERTIFICATION.—The board of di- 4 rectors of the corporation shall include with the re- 5 port under paragraph (1) a certification and affir- 6 mation that the amount of special partition assist- 7 ance provided to each plan under this section is the 8 amount necessary to meet its funding goals under 9 subsection (g), including, if applicable, any adjust- 10 ment of special partition assistance as determined 11 under subsection (i). 12 ‘‘(3) CONFIDENTIALITY.—Congress may pub- 13 licize the reports received under paragraph (1) only 14 after redacting all sensitive or proprietary informa- 15 tion. 16 ‘‘(o) GAO REPORT.—Not later than 1 year after the 17 first partition application is approved by the corporation 18 under this section, and biennially thereafter, the Comp- 19 troller General of the United States shall submit to the 20 Committee on Health, Education, Labor, and Pensions 21 and the Committee on Finance of the Senate and the 22 Committee on Education and Labor and the Committee 23 on Ways and Means of the House of Representatives a 24 detailed report on the actions of the corporation to imple- 25 661 •HR 6800 EH ment and administer this section, including an examina- 1 tion of the contracts awarded by such corporation to carry 2 out this section and an analysis of such corporation’s com- 3 pliance with subsections (e) and (g). 4 ‘‘(p) SPECIAL PARTITION RELIEF WEBSITE.— 5 ‘‘(1) ESTABLISHMENT.—Not later than 120 6 days after the date of enactment of this section, the 7 corporation shall establish and maintain a user- 8 friendly, public-facing internet website to foster 9 greater accountability and transparency in the im- 10 plementation and administration of this section. 11 ‘‘(2) PURPOSE.—The internet website estab- 12 lished and maintained under paragraph (1) shall be 13 a portal to key information relating to this section 14 for multiemployer plan administrators and trustees, 15 plan participants, beneficiaries, participating em- 16 ployers, other stakeholders, and the public. 17 ‘‘(3) CONTENT AND FUNCTION.—The internet 18 website established under paragraph (1) shall— 19 ‘‘(A) describe the nature and scope of the 20 special partition authority and assistance under 21 this section in a manner calculated to be under- 22 stood by the average plan participant; 23 ‘‘(B) include published guidance, regula- 24 tions, and all other relevant information on the 25 662 •HR 6800 EH implementation and administration of this sec- 1 tion; 2 ‘‘(C) include, with respect to plan applica- 3 tions for special partition assistance— 4 ‘‘(i) a general description of the proc- 5 ess by which eligible plans can apply for 6 special partition assistance, information on 7 how and when the corporation will process 8 and consider plan applications; 9 ‘‘(ii) information on how the corpora- 10 tion will address any incomplete applica- 11 tions as specified in under this section; 12 ‘‘(iii) a list of the plans that have ap- 13 plied for special partition assistance and, 14 for each application, the date of submis- 15 sion of a completed application; 16 ‘‘(iv) the text of each plan’s completed 17 application for special partition assistance 18 with appropriate redactions of personal, 19 proprietary, or sensitive information; 20 ‘‘(v) the estimated date that a deci- 21 sion will be made by the corporation on 22 each application; 23 ‘‘(vi) the actual date when such deci- 24 sion is made; 25 663 •HR 6800 EH ‘‘(vii) the corporation’s decision on 1 each application; and 2 ‘‘(viii) as applicable, a detailed ration- 3 ale for any decision not to approve a plan’s 4 application for special partition assistance; 5 ‘‘(D) provide detailed information on each 6 contract solicited and awarded to implement or 7 administer this section; 8 ‘‘(E) include reports, audits, and other rel- 9 evant oversight and accountability information 10 on this section, including the annual reports 11 submitted by the board of directors of the cor- 12 poration to Congress required under subsection 13 (n), the Office of the Inspector General audits, 14 correspondence, and publications, and the Gov- 15 ernment Accountability Office reports under 16 subsection (o); 17 ‘‘(F) provide a clear means for multiem- 18 ployer plan administrators, plan participants, 19 beneficiaries, other stakeholders, and the public 20 to contact the corporation and provide feedback 21 on the implementation and administration of 22 this section; and 23 ‘‘(G) be regularly updated to carry out the 24 purposes of this subsection. 25 664 •HR 6800 EH ‘‘(q) OFFICE OF INSPECTOR GENERAL.—There is au- 1 thorized to be appropriated to the corporation’s Office of 2 Inspector General $24,000,000 for fiscal year 2020, which 3 shall remain available through September 30, 2028, for 4 salaries and expenses necessary for conducting investiga- 5 tions and audits of the implementation and administration 6 of this section. 7 ‘‘(r) APPLICATION OF EXCISE TAX.—During the pe- 8 riod that a plan is subject to a partition order under this 9 section and prior to a cessation of adjustments pursuant 10 to subsection (i)(3), the plan shall not be subject to section 11 4971 of the Internal Revenue Code of 1986.’’. 12 SEC. 40102. REPEAL OF BENEFIT SUSPENSIONS FOR MULTI- 13 EMPLOYER PLANS IN CRITICAL AND DECLIN- 14 ING STATUS. 15 (a) AMENDMENT TO INTERNAL REVENUE CODE OF 16 1986.—Paragraph (9) of section 432(e) of the Internal 17 Revenue Code of 1986 is repealed. 18 (b) AMENDMENT TO EMPLOYEE RETIREMENT IN- 19 COME SECURITY ACT OF 1974.—Paragraph (9) of section 20 305(e) of the Employee Retirement Income Security Act 21 of 1974 (29 U.S.C. 1085(e)) is repealed. 22 (c) EFFECTIVE DATE.—The repeals made by this 23 section shall not apply to plans that have been approved 24 for a suspension of benefit under section 432(e)(9)(G) of 25 665 •HR 6800 EH the Internal Revenue Code of 1986 and section 1 305(e)(9)(G) of the Employee Retirement Income Security 2 Act of 1974 (29 U.S.C. 1085(e)(9)(G)) before the date 3 of the enactment of this Act. 4 SEC. 40103. TEMPORARY DELAY OF DESIGNATION OF MUL- 5 TIEMPLOYER PLANS AS IN ENDANGERED, 6 CRITICAL, OR CRITICAL AND DECLINING STA- 7 TUS. 8 (a) IN GENERAL.—Notwithstanding the actuarial 9 certification under section 305(b)(3) of the Employee Re- 10 tirement Income Security Act of 1974 and section 11 432(b)(3) of the Internal Revenue Code of 1986, if a plan 12 sponsor of a multiemployer plan elects the application of 13 this section, then, for purposes of section 305 of such Act 14 and section 432 of such Code— 15 (1) the status of the plan for its first plan year 16 beginning during the period beginning on March 1, 17 2020, and ending on February 28, 2021, or the next 18 succeeding plan year (as designated by the plan 19 sponsor in such election), shall be the same as the 20 status of such plan under such sections for the plan 21 year preceding such designated plan year, and 22 (2) in the case of a plan which was in endan- 23 gered or critical status for the plan year preceding 24 the designated plan year described in paragraph (1), 25 666 •HR 6800 EH the plan shall not be required to update its plan or 1 schedules under section 305(c)(6) of such Act and 2 section 432(c)(6) of such Code, or section 3 305(e)(3)(B) of such Act and section 432(e)(3)(B) 4 of such Code, whichever is applicable, until the plan 5 year following the designated plan year described in 6 paragraph (1). 7 If section 305 of the Employee Retirement Income Secu- 8 rity Act of 1974 and section 432 of the Internal Revenue 9 Code of 1986 did not apply to the plan year preceding 10 the designated plan year described in paragraph (1), the 11 plan actuary shall make a certification of the status of 12 the plan under section 305(b)(3) of such Act and section 13 432(b)(3) of such Code for the preceding plan year in the 14 same manner as if such sections had applied to such pre- 15 ceding plan year. 16 (b) EXCEPTION FOR PLANS BECOMING CRITICAL 17 DURING ELECTION.—If— 18 (1) an election was made under subsection (a) 19 with respect to a multiemployer plan, and 20 (2) such plan has, without regard to such elec- 21 tion, been certified by the plan actuary under section 22 305(b)(3) of the Employee Retirement Income Secu- 23 rity Act of 1974 and section 432(b)(3) of the Inter- 24 nal Revenue Code of 1986 to be in critical status for 25 667 •HR 6800 EH the designated plan year described in subsection 1 (a)(1), then such plan shall be treated as a plan in 2 critical status for such plan year for purposes of ap- 3 plying section 4971(g)(1)(A) of such Code, section 4 302(b)(3) of such Act (without regard to the second 5 sentence thereof), and section 412(b)(3) of such 6 Code (without regard to the second sentence there- 7 of). 8 (c) ELECTION AND NOTICE.— 9 (1) ELECTION.—An election under subsection 10 (a)— 11 (A) shall be made at such time and in such 12 manner as the Secretary of the Treasury or the 13 Secretary’s delegate may prescribe and, once 14 made, may be revoked only with the consent of 15 the Secretary, and 16 (B) if made— 17 (i) before the date the annual certifi- 18 cation is submitted to the Secretary or the 19 Secretary’s delegate under section 20 305(b)(3) of such Act and section 21 432(b)(3) of such Code, shall be included 22 with such annual certification, and 23 (ii) after such date, shall be submitted 24 to the Secretary or the Secretary’s delegate 25 668 •HR 6800 EH not later than 30 days after the date of the 1 election. 2 (2) NOTICE TO PARTICIPANTS.— 3 (A) IN GENERAL.—Notwithstanding sec- 4 tion 305(b)(3)(D) of the Employee Retirement 5 Income Security Act of 1974 and section 6 432(b)(3)(D) of the Internal Revenue Code of 7 1986, if the plan is neither in endangered nor 8 critical status by reason of an election made 9 under subsection (a)— 10 (i) the plan sponsor of a multiem- 11 ployer plan shall not be required to provide 12 notice under such sections, and 13 (ii) the plan sponsor shall provide to 14 the participants and beneficiaries, the bar- 15 gaining parties, the Pension Benefit Guar- 16 anty Corporation, and the Secretary of 17 Labor a notice of the election under sub- 18 section (a) and such other information as 19 the Secretary of the Treasury (in consulta- 20 tion with the Secretary of Labor) may re- 21 quire— 22 (I) if the election is made before 23 the date the annual certification is 24 submitted to the Secretary or the Sec- 25 669 •HR 6800 EH retary’s delegate under section 1 305(b)(3) of such Act and section 2 432(b)(3) of such Code, not later than 3 30 days after the date of the certifi- 4 cation, and 5 (II) if the election is made after 6 such date, not later than 30 days 7 after the date of the election. 8 (B) NOTICE OF ENDANGERED STATUS.— 9 Notwithstanding section 305(b)(3)(D) of such 10 Act and section 432(b)(3)(D) of such Code, if 11 the plan is certified to be in critical status for 12 any plan year but is in endangered status by 13 reason of an election made under subsection 14 (a), the notice provided under such sections 15 shall be the notice which would have been pro- 16 vided if the plan had been certified to be in en- 17 dangered status. 18 SEC. 40104. TEMPORARY EXTENSION OF THE FUNDING IM- 19 PROVEMENT AND REHABILITATION PERIODS 20 FOR MULTIEMPLOYER PENSION PLANS IN 21 CRITICAL AND ENDANGERED STATUS FOR 22 2020 OR 2021. 23 (a) IN GENERAL.—If the plan sponsor of a multiem- 24 ployer plan which is in endangered or critical status for 25 670 •HR 6800 EH a plan year beginning in 2020 or 2021 (determined after 1 application of section 4) elects the application of this sec- 2 tion, then, for purposes of section 305 of the Employee 3 Retirement Income Security Act of 1974 and section 432 4 of the Internal Revenue Code of 1986— 5 (1) except as provided in paragraph (2), the 6 plan’s funding improvement period or rehabilitation 7 period, whichever is applicable, shall be 15 years 8 rather than 10 years, and 9 (2) in the case of a plan in seriously endan- 10 gered status, the plan’s funding improvement period 11 shall be 20 years rather than 15 years. 12 (b) DEFINITIONS AND SPECIAL RULES.—For pur- 13 poses of this section— 14 (1) ELECTION.—An election under this section 15 shall be made at such time, and in such manner and 16 form, as (in consultation with the Secretary of 17 Labor) the Secretary of the Treasury or the Sec- 18 retary’s delegate may prescribe. 19 (2) DEFINITIONS.—Any term which is used in 20 this section which is also used in section 305 of the 21 Employee Retirement Income Security Act of 1974 22 and section 432 of the Internal Revenue Code of 23 1986 shall have the same meaning as when used in 24 such sections. 25 671 •HR 6800 EH (c) EFFECTIVE DATE.—This section shall apply to 1 plan years beginning after December 31, 2019. 2 SEC. 40105. ADJUSTMENTS TO FUNDING STANDARD AC- 3 COUNT RULES. 4 (a) ADJUSTMENTS.— 5 (1) AMENDMENT TO EMPLOYEE RETIREMENT 6 INCOME SECURITY ACT OF 1974.—Section 304(b)(8) 7 of the Employee Retirement Income Security Act of 8 1974 (29 U.S.C. 1084(b)) is amended by adding at 9 the end the following new subparagraph: 10 ‘‘(F) RELIEF FOR 2020 AND 2021.—A mul- 11 tiemployer plan with respect to which the sol- 12 vency test under subparagraph (C) is met as of 13 February 29, 2020, may elect to apply this 14 paragraph by substituting ‘February 29, 2020’ 15 for ‘August 31, 2008’ each place it appears in 16 subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II) 17 (without regard to whether such plan previously 18 elected the application of this paragraph). The 19 preceding sentence shall not apply to a plan 20 with respect to which a partition order is in ef- 21 fect under section 4233A.’’. 22 (2) AMENDMENT TO INTERNAL REVENUE CODE 23 OF 1986.—Section 431(b)(8) of the Internal Revenue 24 672 •HR 6800 EH Code of 1986 is amended by adding at the end the 1 following new subparagraph: 2 ‘‘(F) RELIEF FOR 2020 AND 2021.—A mul- 3 tiemployer plan with respect to which the sol- 4 vency test under subparagraph (C) is met as of 5 February 29, 2020, may elect to apply this 6 paragraph by substituting ‘February 29, 2020’ 7 for ‘August 31, 2008’ each place it appears in 8 subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II) 9 (without regard to whether such plan previously 10 elected the application of this paragraph). The 11 preceding sentence shall not apply to a plan 12 with respect to which a partition order is in ef- 13 fect under section 4233A of the Employee Re- 14 tirement Income Security Act of 1974.’’. 15 (b) EFFECTIVE DATES.— 16 (1) IN GENERAL.—The amendments made by 17 this section shall take effect as of the first day of 18 the first plan year ending on or after February 29, 19 2020, except that any election a plan makes pursu- 20 ant to this section that affects the plan’s funding 21 standard account for the first plan year beginning 22 after February 29, 2020, shall be disregarded for 23 purposes of applying the provisions of section 305 of 24 the Employee Retirement Income Security Act of 25 673 •HR 6800 EH 1974 and section 432 of the Internal Revenue Code 1 of 1986 to such plan year. 2 (2) RESTRICTIONS ON BENEFIT INCREASES.— 3 Notwithstanding paragraph (1), the restrictions on 4 plan amendments increasing benefits in sections 5 304(b)(8)(D) of such Act and 431(b)(8)(D) of such 6 Code, as applied by the amendments made by this 7 section, shall take effect on the date of enactment of 8 this Act. 9 SEC. 40106. PBGC GUARANTEE FOR PARTICIPANTS IN MUL- 10 TIEMPLOYER PLANS. 11 Section 4022A(c)(1) of the Employee Retirement In- 12 come Security Act of 1974 (29 U.S.C. 1322a(c)(1)) is 13 amended by striking subparagraphs (A) and (B) and in- 14 serting the following: 15 ‘‘(A) 100 percent of the accrual rate up to 16 $15, plus 75 percent of the lesser of— 17 ‘‘(i) $70; or 18 ‘‘(ii) the accrual rate, if any, in excess 19 of $15; and 20 ‘‘(B) the number of the participant’s years 21 of credited service. 22 For each calendar year after the first full calendar 23 year following the date of the enactment of the In- 24 spector General Independence Act, the accrual rates 25 674 •HR 6800 EH in subparagraph (A) shall increase by the national 1 average wage index (as defined in section 209(k)(1) 2 of the Social Security Act). For purposes of this 3 subsection, the rates applicable for determining the 4 guaranteed benefits of the participants of any plan 5 shall be the rates in effect for the calendar year in 6 which the plan becomes insolvent under section 4245 7 or the calendar year in which the plan is terminated, 8 if earlier.’’. 9 TITLE II—RELIEF FOR SINGLE 10 EMPLOYER PENSION PLANS 11 SEC. 40201. EXTENDED AMORTIZATION FOR SINGLE EM- 12 PLOYER PLANS. 13 (a) 15-YEAR AMORTIZATION UNDER THE INTERNAL 14 REVENUE CODE OF 1986.—Section 430(c) of the Internal 15 Revenue Code of 1986 is amended by adding at the end 16 the following new paragraph: 17 ‘‘(8) 15-YEAR AMORTIZATION.—With respect to 18 plan years beginning after December 31, 2019— 19 ‘‘(A) the shortfall amortization bases for 20 all plan years preceding the first plan year be- 21 ginning after December 31, 2019 (and all 22 shortfall amortization installments determined 23 with respect to such bases) shall be reduced to 24 zero, and 25 675 •HR 6800 EH ‘‘(B) subparagraphs (A) and (B) of para- 1 graph (2) shall each be applied by substituting 2 ‘15-plan-year period’ for ‘7-plan-year period’.’’. 3 (b) 15-YEAR AMORTIZATION UNDER THE EMPLOYEE 4 RETIREMENT INCOME SECURITY ACT OF 1974.—Section 5 303(c) of the Employee Retirement Income Security Act 6 of 1974 (29 U.S.C. 1083(c)) is amended by adding at the 7 end the following new paragraph: 8 ‘‘(8) 15-YEAR AMORTIZATION.—With respect to 9 plan years beginning after December 31, 2019— 10 ‘‘(A) the shortfall amortization bases for 11 all plan years preceding the first plan year be- 12 ginning after December 31, 2019 (and all 13 shortfall amortization installments determined 14 with respect to such bases) shall be reduced to 15 zero, and 16 ‘‘(B) subparagraphs (A) and (B) of para- 17 graph (2) shall each be applied by substituting 18 ‘15-plan-year period’ for ‘7-plan-year period’.’’. 19 (c) EFFECTIVE DATE.—The amendments made by 20 this section shall apply to plan years beginning after De- 21 cember 31, 2019. 22 676 •HR 6800 EH SEC. 40202. EXTENSION OF PENSION FUNDING STABILIZA- 1 TION PERCENTAGES FOR SINGLE EMPLOYER 2 PLANS. 3 (a) AMENDMENTS TO INTERNAL REVENUE CODE OF 4 1986.— 5 (1) IN GENERAL.—The table contained in sub- 6 clause (II) of section 430(h)(2)(C)(iv) of the Inter- 7 nal Revenue Code of 1986 is amended to read as fol- 8 lows: 9 ‘‘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 10 (I) of section 430(h)(2)(C)(iv) of such Code is 11 amended by adding at the end the following: ‘‘Not- 12 withstanding anything in this subclause, if the aver- 13 age of the first, second, or third segment rate for 14 any 25-year period is less than 5 percent, such aver- 15 age shall be deemed to be 5 percent.’’. 16 (b) AMENDMENTS TO EMPLOYEE RETIREMENT IN- 17 COME SECURITY ACT OF 1974.— 18 677 •HR 6800 EH (1) IN GENERAL.—The table contained in sub- 1 clause (II) of section 303(h)(2)(C)(iv) of the Em- 2 ployee Retirement Income Security Act of 1974 (29 3 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended to read as 4 follows: 5 ‘‘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.— 6 (A) IN GENERAL.—Section 101(f)(2)(D) of 7 such Act (29 U.S.C. 1021(f)(2)(D)) is amend- 8 ed— 9 (i) in clause (i) by striking ‘‘and the 10 Bipartisan Budget Act of 2015’’ both 11 places it appears and inserting ‘‘, the Bi- 12 partisan Budget Act of 2015, and the In- 13 spector General Independence Act’’, and 14 (ii) in clause (ii) by striking ‘‘2023’’ 15 and inserting ‘‘2029’’. 16 (B) STATEMENTS.—The Secretary of 17 Labor shall modify the statements required 18 678 •HR 6800 EH under subclauses (I) and (II) of section 1 101(f)(2)(D)(i) of such Act to conform to the 2 amendments made by this section. 3 (3) FLOOR ON 25-YEAR AVERAGES.—Subclause 4 (I) of section 303(h)(2)(C)(iv) of such Act (29 5 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended by adding 6 at the end the following: ‘‘Notwithstanding anything 7 in this subclause, if the average of the first, second, 8 or third segment rate for any 25-year period is less 9 than 5 percent, such average shall be deemed to be 10 5 percent.’’. 11 (c) EFFECTIVE DATE.—The amendments made by 12 this section shall apply with respect to plan years begin- 13 ning after December 31, 2019. 14 TITLE III—OTHER RETIREMENT 15 RELATED PROVISIONS 16 SEC. 40301. WAIVER OF REQUIRED MINIMUM DISTRIBU- 17 TIONS FOR 2019. 18 (a) IN GENERAL.—Section 401(a)(9)(I)(i) of the In- 19 ternal Revenue Code of 1986 is amended by striking ‘‘cal- 20 endar year 2020’’ and inserting ‘‘calendar years 2019 and 21 2020’’. 22 (b) ELIGIBLE ROLLOVER DISTRIBUTIONS.—Section 23 402(c)(4) of such Code is amended by striking ‘‘2020’’ 24 679 •HR 6800 EH each place it appears in the last sentence and inserting 1 ‘‘2019 or 2020’’. 2 (c) CONFORMING AMENDMENTS.—Section 3 401(a)(9)(I) of such Code is amended— 4 (1) by striking clause (ii) and redesignating 5 clause (iii) as clause (ii), and 6 (2) by striking ‘‘calendar year 2020’’ in clause 7 (ii)(II), as so redesignated, and inserting ‘‘calendar 8 years 2019 and 2020’’. 9 (d) EFFECTIVE DATE.—The amendments made by 10 this section shall take effect as if included in the enact- 11 ment of section 2203 of the Coronavirus Aid, Relief, and 12 Economic Security Act, except that subparagraph (c)(1) 13 thereof shall be applied by substituting ‘‘December 31, 14 2018’’ for ‘‘December 31, 2019’’. 15 SEC. 40302. WAIVER OF 60-DAY RULE IN CASE OF ROLL- 16 OVER OF OTHERWISE REQUIRED MINIMUM 17 DISTRIBUTIONS IN 2019 OR 2020. 18 (a) QUALIFIED TRUSTS.—402(c)(3) of the Internal 19 Revenue Code of 1986 is amended by adding at the end 20 the following new subparagraph: 21 ‘‘(D) EXCEPTION FOR ROLLOVER OF OTH- 22 ERWISE REQUIRED MINIMUM DISTRIBUTIONS IN 23 2019 OR 2020.—In the case of an eligible roll- 24 over distribution described in the second sen- 25 680 •HR 6800 EH tence of paragraph (4), subparagraph (A) shall 1 not apply to any transfer of such distribution 2 made before December 1, 2020.’’. 3 (b) INDIVIDUAL RETIREMENT ACCOUNTS.—Section 4 408(d)(3) of such Code is amended by adding at the end 5 the following new subparagraph: 6 ‘‘(J) WAIVER OF 60-DAY RULE AND ONCE 7 PER-YEAR LIMITATION FOR CERTAIN 2019 AND 8 2020 ROLLOVERS.—In the case of a distribu- 9 tion during 2019 or 2020 to which, under sub- 10 paragraph (E), this paragraph would not have 11 applied had the minimum distribution require- 12 ments of section 401(a)(9) applied during such 13 years, the 60-day requirement under subpara- 14 graph (A) and the limitation under subpara- 15 graph (B) shall not apply to such distribution 16 to the extent the amount is paid into an indi- 17 vidual retirement account, individual retirement 18 annuity (other than an endowment contract), or 19 eligible retirement plan (as defined in subpara- 20 graph (A)) as otherwise required under such 21 subparagraph before December 1, 2020.’’. 22 (c) EFFECTIVE DATE.—The amendments made by 23 this section shall apply to taxable years beginning after 24 December 31, 2018. 25 681 •HR 6800 EH 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. 25 682 •HR 6800 EH 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- 25 683 •HR 6800 EH 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- 25 684 •HR 6800 EH 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 25 685 •HR 6800 EH 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. 24 686 •HR 6800 EH ‘‘(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 25 687 •HR 6800 EH (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 25 688 •HR 6800 EH 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, 25 689 •HR 6800 EH ‘‘(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 25 690 •HR 6800 EH 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 24 691 •HR 6800 EH 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 25 692 •HR 6800 EH 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 25 693 •HR 6800 EH 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- 25 694 •HR 6800 EH 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 24 695 •HR 6800 EH ‘‘(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 23 696 •HR 6800 EH ‘‘(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 25 697 •HR 6800 EH 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’’. 25 698 •HR 6800 EH (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- 25 699 •HR 6800 EH 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 24 700 •HR 6800 EH ‘‘(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 24 701 •HR 6800 EH 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 ‘‘(ii) 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. 22 702 •HR 6800 EH 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 25 703 •HR 6800 EH 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.’’. 25 704 •HR 6800 EH 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 26 705 •HR 6800 EH 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 25 706 •HR 6800 EH 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’’. 20 707 •HR 6800 EH 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: 26 708 •HR 6800 EH ‘‘(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’’. 24 709 •HR 6800 EH 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 DIVISION F—ASSISTANCE TO AG- 20 RICULTURAL PRODUCERS 21 AND OTHER MATTERS RELAT- 22 ING TO AGRICULTURE 23 SEC. 60001. DEFINITIONS. 24 In this division: 25 710 •HR 6800 EH (1) The term ‘‘COVID–19’’ means the disease 1 caused by SARS–CoV–2, or any viral strain mutat- 2 ing therefrom with pandemic potential. 3 (2) The term ‘‘Secretary’’ means the Secretary 4 of Agriculture. 5 TITLE I—LIVESTOCK 6 SEC. 60101. ESTABLISHMENT OF TRUST FOR BENEFIT OF 7 UNPAID CASH SELLERS OF LIVESTOCK. 8 The Packers and Stockyards Act, 1921, is amended 9 by inserting after section 317 (7 U.S.C. 217a) the fol- 10 lowing new section: 11 ‘‘SEC. 318. STATUTORY TRUST ESTABLISHED; DEALER. 12 ‘‘(a) ESTABLISHMENT.— 13 ‘‘(1) IN GENERAL.—All livestock purchased by 14 a dealer in cash sales and all inventories of, or re- 15 ceivables or proceeds from, such livestock shall be 16 held by such dealer in trust for the benefit of all un- 17 paid cash sellers of such livestock until full payment 18 has been received by such unpaid cash sellers. 19 ‘‘(2) EXEMPTION.—Any dealer whose average 20 annual purchases of livestock do not exceed 21 $100,000 shall be exempt from the provisions of this 22 section. 23 ‘‘(3) EFFECT OF DISHONORED INSTRU- 24 MENTS.—For purposes of determining full payment 25 711 •HR 6800 EH under paragraph (1), a payment to an unpaid cash 1 seller shall not be considered to have been made if 2 the unpaid cash seller receives a payment instrument 3 that is dishonored. 4 ‘‘(b) PRESERVATION OF TRUST.—An unpaid cash 5 seller shall lose the benefit of a trust under subsection (a) 6 if the unpaid cash seller has not preserved the trust by 7 giving written notice to the dealer involved and filing such 8 notice with the Secretary— 9 ‘‘(1) within 30 days of the final date for mak- 10 ing a payment under section 409 in the event that 11 a payment instrument has not been received; or 12 ‘‘(2) within 15 business days after the date on 13 which the seller receives notice that the payment in- 14 strument promptly presented for payment has been 15 dishonored. 16 ‘‘(c) NOTICE TO LIEN HOLDERS.—When a dealer re- 17 ceives notice under subsection (b) of the unpaid cash sell- 18 er’s intent to preserve the benefits of the trust, the dealer 19 shall, within 15 business days, give notice to all persons 20 who have recorded a security interest in, or lien on, the 21 livestock held in such trust. 22 ‘‘(d) CASH SALES DEFINED.—For the purpose of 23 this section, a cash sale means a sale in which the seller 24 does not expressly extend credit to the buyer. 25 712 •HR 6800 EH ‘‘(e) PURCHASE OF LIVESTOCK SUBJECT TO 1 TRUST.— 2 ‘‘(1) IN GENERAL.—A person purchasing live- 3 stock subject to a dealer trust shall receive good title 4 to the livestock if the person receives the livestock— 5 ‘‘(A) in exchange for payment of new 6 value; and 7 ‘‘(B) in good faith without notice that the 8 transfer is a breach of trust. 9 ‘‘(2) DISHONORED PAYMENT INSTRUMENT.— 10 Payment shall not be considered to have been made 11 if a payment instrument given in exchange for the 12 livestock is dishonored. 13 ‘‘(3) TRANSFER IN SATISFACTION OF ANTE- 14 CEDENT DEBT.—A transfer of livestock subject to a 15 dealer trust is not for value if the transfer is in sat- 16 isfaction of an antecedent debt or to a secured party 17 pursuant to a security agreement. 18 ‘‘(f) ENFORCEMENT.—Whenever the Secretary has 19 reason to believe that a dealer subject to this section has 20 failed to perform the duties required by this section or 21 whenever the Secretary has reason to believe that it will 22 be in the best interest of unpaid cash sellers, the Secretary 23 shall do one or more of the following— 24 713 •HR 6800 EH ‘‘(1) appoint an independent trustee to carry 1 out the duties required by this section, preserve 2 trust assets, and enforce the trust; 3 ‘‘(2) serve as independent trustee, preserve 4 trust assets, and enforce the trust; or 5 ‘‘(3) file suit in the United States district court 6 for the district in which the dealer resides to enjoin 7 the dealer’s failure to perform the duties required by 8 this section, preserve trust assets, and to enforce the 9 trust. Attorneys employed by the Secretary may, 10 with the approval of the Attorney General, represent 11 the Secretary in any such suit. Nothing herein shall 12 preclude unpaid sellers from filing suit to preserve 13 or enforce the trust.’’. 14 SEC. 60102. EMERGENCY ASSISTANCE FOR MARKET-READY 15 LIVESTOCK AND POULTRY LOSSES. 16 (a) IN GENERAL.—The Secretary shall make pay- 17 ments to covered producers to offset the losses of income 18 related to the intentional depopulation of market-ready 19 livestock and poultry due to insufficient access to meat 20 and poultry processing related to the COVID–19 public 21 health emergency, as determined by the Secretary. 22 (b) PAYMENT RATE FOR COVERED PRODUCERS.— 23 (1) PAYMENTS FOR FIRST 30-DAY PERIOD.— 24 For a period of 30 days beginning, with respect to 25 714 •HR 6800 EH a covered producer, on the initial date of depopula- 1 tion described in subsection (a) of the market-ready 2 livestock or poultry of the covered producer, the Sec- 3 retary shall reimburse such covered producer for 85 4 percent of the value of losses as determined under 5 subsection (c). 6 (2) SUBSEQUENT 30-DAY PERIODS.—For each 7 30-day period subsequent to the 30-day period de- 8 scribed in paragraph (1), the Secretary shall reduce 9 the value of the losses as determined under sub- 10 section (c) with respect to a covered producer by 10 11 percent. 12 (3) MAXIMUM AGGREGATE PAYMENT.—In no 13 case shall the amount of payments received by a pro- 14 ducer under this section and section 60306 exceed 15 100 percent of the loss of such producer. 16 (c) VALUATION.—In calculating the amount of losses 17 for purposes of the payment rates under subsection (b), 18 the Secretary shall use the average fair market value, as 19 determined by the Secretary in collaboration with the 20 Chief Economist of the Department of Agriculture and the 21 Administrator of the Agricultural Marketing Service, for 22 market-ready livestock, where applicable, and market- 23 ready poultry, where applicable, during the period begin- 24 ning March 1, 2020, and ending on the date of the enact- 25 715 •HR 6800 EH ment of this section. In no case shall a payment made 1 under subsection (b) exceed the average market value of 2 market-ready livestock or poultry on the date of depopula- 3 tion. 4 (d) PACKER-OWNED ANIMALS EXCLUDED.—The Sec- 5 retary may not make payments under this section for the 6 losses of packer-owned animals. 7 (e) DEFINITIONS.—In this section: 8 (1) COVERED PRODUCER.—The term ‘‘covered 9 producer’’ means a person or legal entity that as- 10 sumes the production and market risks associated 11 with the agricultural production of livestock and 12 poultry (as such terms are defined in section 2(a) of 13 the Packers and Stockyards Act, 1921 (7 U.S.C. 14 183(a)). 15 (2) PACKER.—The term ‘‘packer’’ has the 16 meaning given the term in section 201 of the Pack- 17 ers and Stockyards Act, 1921 (7 U.S.C. 191). 18 (3) SECRETARY.—The term ‘‘Secretary’’ means 19 the Secretary of Agriculture. 20 (f) FUNDING.—There is appropriated, out of any 21 funds in the Treasury not otherwise appropriated, such 22 sums as may be necessary to carry out this section. 23 716 •HR 6800 EH 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- 26 717 •HR 6800 EH 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- 24 718 •HR 6800 EH 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 25 719 •HR 6800 EH 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— 25 720 •HR 6800 EH (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 any amounts of the Treasury 8 not otherwise appropriated, there is appropriated to carry 9 out this section $500,000,000, to remain available until 10 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— 25 721 •HR 6800 EH (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 24 722 •HR 6800 EH (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 24 723 •HR 6800 EH 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 25 724 •HR 6800 EH 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 is appropriated to carry 13 out this section such sums as may be necessary. 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). 25 725 •HR 6800 EH (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.—Out of any amounts in the Treasury 15 not otherwise appropriated, there is appropriated to carry 16 out this section $500,000,000. 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 24 726 •HR 6800 EH 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 13 AND OTHER 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. 25 727 •HR 6800 EH ‘‘(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 paragraphs (5)(B) 15 and (6)(B) of subsection (d) to provide assist- 16 ance in response to the 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, 24 728 •HR 6800 EH $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) or entities eligible for grants under 12 subsection (d) to provide training, outreach, and 13 technical assistance on operations, financing, and 14 marketing to beginning farmers and ranchers, so- 15 cially disadvantaged farmers and ranchers, and vet- 16 eran farmers and ranchers. 17 ‘‘(2) MATCHING FUNDS APPLICABILITY.—The 18 Secretary may not require a recipient of a grant 19 under this subsection to provide any nonFederal 20 matching funds. 21 ‘‘(3) FUNDING.—There is appropriated, out of 22 any funds in the Treasury not otherwise appro- 23 priated, to carry out this subsection, $50,000,000, to 24 remain available until expended.’’. 25 729 •HR 6800 EH 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.— 25 730 •HR 6800 EH (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 expand or 3 sustain stress assistance programs described in sub- 4 section (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) 24 731 •HR 6800 EH 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; 24 732 •HR 6800 EH (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: 23 733 •HR 6800 EH (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 advanced biofuel, biomass- 9 based diesel, cellulosic biofuel, conventional 10 biofuel, or renewable fuel, as such terms are de- 11 fined in section 211(o)(1) of the Clean Air Act 12 (42 U.S.C. 7545(o)(1)), that is produced in the 13 United States. 14 (3) AMOUNT OF PAYMENT.—The amount of the 15 payment payable to an eligible entity shall be the 16 sum of— 17 (A) $0.45 multiplied by the number of gal- 18 lons of qualified fuel produced by the eligible 19 entity during the applicable period; and 20 (B) if the Secretary determines that the el- 21 igible entity was unable to produce any quali- 22 fied fuel throughout 1 or more calendar months 23 during the applicable period due to the 24 COVID–19 pandemic, $0.45 multiplied by 50 25 734 •HR 6800 EH percent of the number of gallons produced by 1 the eligible entity in the corresponding month 2 or months in calendar year 2019. 3 (4) REPORT.—Not later than 180 days after 4 the date of the enactment of this Act, the Secretary 5 shall submit to the Committee on Agriculture of the 6 House of Representatives and the Committee on Ag- 7 riculture, Nutrition, and Forestry of the Senate a 8 report on the payments made under this subsection, 9 including the identity of each payment recipient and 10 the amount of the payment paid to the payment re- 11 cipient. 12 (5) FUNDING.—There is appropriated, out of 13 any funds in the Treasury not otherwise appro- 14 priated, such sums as may be necessary for pay- 15 ments to eligible entities under this subsection. 16 (6) ADMINISTRATION.— 17 (A) IN GENERAL.—The Secretary shall use 18 the funds, facilities, and authorities of the Com- 19 modity Credit Corporation to carry out this 20 subsection. 21 (B) REGULATIONS.— 22 (i) IN GENERAL.—Except as otherwise 23 provided in this subsection, not later than 24 30 days after the date of the enactment of 25 735 •HR 6800 EH this Act, the Secretary and the Commodity 1 Credit Corporation, as appropriate, shall 2 prescribe such regulations as are necessary 3 to carry out this subsection. 4 (ii) PROCEDURE.—The promulgation 5 of regulations under, and administration 6 of, this subsection shall be made without 7 regard to— 8 (I) the notice and comment pro- 9 visions of section 553 of title 5, 10 United States Code; and 11 (II) chapter 35 of title 44, 12 United States Code (commonly known 13 as the ‘‘Paperwork Reduction Act’’). 14 (b) EMERGENCY ASSISTANCE FOR TEXTILE 15 MILLS.— 16 (1) IN GENERAL.—The Secretary shall make 17 emergency assistance available to domestic users of 18 upland cotton and extra long staple cotton in the 19 form of a payment in an amount determined under 20 paragraph (2), regardless of the origin of such up- 21 land cotton or extra long staple cotton, during the 22 10-month period beginning on March 1, 2020. 23 (2) CALCULATION OF ASSISTANCE.—The 24 amount of the assistance provided under paragraph 25 736 •HR 6800 EH (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 appropriated, out of 20 any funds in the Treasury not otherwise appro- 21 priated, such sums as may be necessary to carry out 22 this subsection. 23 737 •HR 6800 EH 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 26 738 •HR 6800 EH (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. 25 739 •HR 6800 EH (e) PAYMENTS.—The Secretary shall begin making 1 payments under subsection (a) not later than 60 days 2 after the date of the enactment of this section. 3 (f) FUNDING.—There is appropriated, 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. 21 740 •HR 6800 EH TITLE IV—COMMODITY CREDIT 1 CORPORATION 2 SEC. 60401. EMERGENCY ASSISTANCE. 3 Section 5 of the Commodity Credit Corporation Char- 4 ter Act (15 U.S.C. 714c) is amended by redesignating sub- 5 section (h) as subsection (j) and inserting the following: 6 ‘‘(h) Remove and dispose of or aid in the removal or 7 disposition of surplus livestock and poultry due to signifi- 8 cant supply chain interruption during an emergency pe- 9 riod. 10 ‘‘(i) Aid agricultural processing plants to ensure sup- 11 ply chain continuity during an emergency period.’’. 12 SEC. 60402. CONGRESSIONAL NOTIFICATION. 13 The Commodity Credit Corporation Charter Act (15 14 U.S.C. 714 et seq.) is amended by adding at the end the 15 following new section: 16 ‘‘SEC. 20. CONGRESSIONAL NOTIFICATION AND OVERSIGHT 17 ON SPENDING. 18 ‘‘(a) IN GENERAL.—The Secretary shall notify in 19 writing, by first-class mail and electronic mail, the Com- 20 mittee on Agriculture of the House of Representatives and 21 the Committee on Agriculture, Nutrition, and Forestry of 22 the Senate at least 90 calendar days (not counting any 23 day on which both the House of Representatives and Sen- 24 741 •HR 6800 EH ate are not in session) in advance of any obligation or ex- 1 penditure authorized under this Act. 2 ‘‘(b) WRITTEN NOTICE.—A written notice required 3 under subsection (a) shall specify— 4 ‘‘(1) the commodities that will be affected; 5 ‘‘(2) the maximum financial benefit per com- 6 modity; 7 ‘‘(3) the nature of the support, including— 8 ‘‘(A) direct payments; 9 ‘‘(B) technical and financial assistance; 10 ‘‘(C) marketing assistance; and 11 ‘‘(D) purchases; 12 ‘‘(4) the expected legal entities or individuals 13 that would receive financial benefits; 14 ‘‘(5) the intended policy goals; 15 ‘‘(6) the legal justification specifying the au- 16 thority of this Act utilized; and 17 ‘‘(7) the projected impacts to commodity mar- 18 kets. 19 ‘‘(c) MONITORING OR OVERSIGHT.—The Comptroller 20 General of the United States shall conduct monitoring and 21 oversight of the exercise of authorities, the receipt, dis- 22 bursement, and use of funds for which a report is required 23 under subsection (a). 24 742 •HR 6800 EH ‘‘(d) REPORTS.—In conducting monitoring and over- 1 sight under subsection (c), the Comptroller General shall 2 publish reports regarding the ongoing monitoring and 3 oversight efforts, which, along with any audits and inves- 4 tigations conducted by the Comptroller General, shall be 5 submitted to the Committee on Agriculture of the House 6 of Representatives and the Committee on Agriculture, Nu- 7 trition, and Forestry of the Senate and posted on the 8 website of the Government Accountability Office— 9 ‘‘(1) not later than 90 days after the initial ob- 10 ligation or expenditure of funds subject to subsection 11 (a), and every other month thereafter for as long as 12 such obligations or expenditures continue; and 13 ‘‘(2) submit to the Committee on Agriculture of 14 the House of Representatives and the Committee on 15 Agriculture, Nutrition, and Forestry of the Senate 16 additional reports as warranted by the findings of 17 the monitoring and oversight activities of the Comp- 18 troller General. 19 ‘‘(e) ACCESS TO INFORMATION.— 20 ‘‘(1) RIGHT OF ACCESS.—In conducting moni- 21 toring and oversight activities under subsection (c), 22 the Comptroller General shall have access to records, 23 upon request, of any Federal, State, or local agency, 24 contractor, grantee, recipient, or subrecipient per- 25 743 •HR 6800 EH taining to any obligations or expenditures subject to 1 subsection (a), including private entities receiving 2 such assistance. 3 ‘‘(2) COPIES.—The Comptroller General may 4 make and retain copies of any records accessed 5 under paragraph (1) as the Comptroller General de- 6 termines appropriate. 7 ‘‘(3) INTERVIEWS.—In addition to such other 8 authorities as are available, the Comptroller General 9 or a designee of the Comptroller General may inter- 10 view Federal, State, or local officials, contractor 11 staff, grantee staff, recipients, or subrecipients per- 12 taining to any obligations or expenditures subject to 13 subsection (a), including private entities receiving 14 such assistance. 15 ‘‘(4) INSPECTION OF FACILITIES.—As deter- 16 mined necessary by the Comptroller General, the 17 Government Accountability Office may inspect facili- 18 ties at which Federal, State, or local officials, con- 19 tractor staff, grantee staff, or recipients or sub- 20 recipients carry out their responsibilities related to 21 obligations or expenditures subject to subsection (a). 22 ‘‘(5) ENFORCEMENT.—Access rights under this 23 subsection shall be subject to enforcement consistent 24 with section 716 of title 31, United States Code. 25 744 •HR 6800 EH ‘‘(f) RELATIONSHIP TO EXISTING AUTHORITY.— 1 Nothing in this section shall be construed to limit, amend, 2 supersede, or restrict in any manner any existing author- 3 ity of the Comptroller General. 4 ‘‘(g) EXCEPTION TO WAITING PERIOD.—Subsection 5 (a) shall not apply if, prior to obligating or spending any 6 funding described in such subsection, the Secretary ob- 7 tains approval in writing from at least three of the fol- 8 lowing individuals— 9 ‘‘(1) the Chair of the Committee on Agriculture 10 of the House of Representatives, 11 ‘‘(2) the Ranking Member of the Committee on 12 Agriculture of the House of Representatives, 13 ‘‘(3) the Chair of the Committee on Agri- 14 culture, Nutrition, and Forestry of the Senate; and 15 ‘‘(4) the Ranking Member of the Committee on 16 Agriculture, Nutrition, and Forestry of the Senate. 17 ‘‘(h) EXCLUSION FOR PREEXISTING AUTHORIZA- 18 TIONS.—This section shall not apply to obligations and ex- 19 penditures authorized in the Agriculture Improvement Act 20 of 2018 (Public Law 115–334).’’. 21 745 •HR 6800 EH TITLE V—CONSERVATION 1 SEC. 60501. EMERGENCY SOIL HEALTH AND INCOME PRO- 2 TECTION PILOT PROGRAM. 3 (a) DEFINITION OF ELIGIBLE LAND.—In this sec- 4 tion, the term ‘‘eligible land’’ means cropland that— 5 (1) is selected by the owner or operator of the 6 land for proposed enrollment in the pilot program 7 under this section; and 8 (2) as determined by the Secretary, had a crop- 9 ping history or was considered to be planted during 10 each of the 3 crop years preceding enrollment. 11 (b) ESTABLISHMENT.— 12 (1) IN GENERAL.—The Secretary shall establish 13 a voluntary emergency soil health and income pro- 14 tection pilot program under which eligible land is en- 15 rolled through the use of contracts to assist owners 16 and operators of eligible land to conserve and im- 17 prove the soil, water, and wildlife resources of the el- 18 igible land. 19 (2) DEADLINE FOR PARTICIPATION.—Eligible 20 land may be enrolled in the program under this sec- 21 tion through December 31, 2021. 22 (c) CONTRACTS.— 23 (1) REQUIREMENTS.—A contract described in 24 subsection (b) shall— 25 746 •HR 6800 EH (A) be entered into by the Secretary, the 1 owner of the eligible land, and (if applicable) 2 the operator of the eligible land; and 3 (B) provide that, during the term of the 4 contract— 5 (i) the lowest practicable cost peren- 6 nial conserving use cover crop for the eligi- 7 ble land, as determined by the applicable 8 State conservationist after considering the 9 advice of the applicable State technical 10 committee, shall be planted on the eligible 11 land; 12 (ii) subject to paragraph (4), the eligi- 13 ble land may be harvested for seed, hayed, 14 or grazed outside the primary nesting sea- 15 son established for the applicable county; 16 (iii) the eligible land may be eligible 17 for a walk-in access program of the appli- 18 cable State, if any; and 19 (iv) a nonprofit wildlife organization 20 may provide to the owner or operator of 21 the eligible land a payment in exchange for 22 an agreement by the owner or operator not 23 to harvest the conserving use cover. 24 (2) PAYMENTS.— 25 747 •HR 6800 EH (A) RENTAL RATE.—Except as provided in 1 paragraph (4)(B)(ii), the annual rental rate for 2 a payment under a contract described in sub- 3 section (b) shall be $70 per acre. 4 (B) ADVANCE PAYMENT.—At the request 5 of the owner and (if applicable) the operator of 6 the eligible land, the Secretary shall make all 7 rental payments under a contract entered into 8 under this section within 30 days of entering 9 into such contract. 10 (C) COST SHARE PAYMENTS.—A contract 11 described in subsection (b) shall provide that, 12 during the term of the contract, the Secretary 13 shall pay, of the actual cost of establishment of 14 the conserving use cover crop under paragraph 15 (1)(B)(i), not more than $30 per acre. 16 (3) TERM.— 17 (A) IN GENERAL.—Except as provided in 18 subparagraph (B), each contract described in 19 subsection (b) shall be for a term of 3 years. 20 (B) EARLY TERMINATION.— 21 (i) SECRETARY.—The Secretary may 22 terminate a contract described in sub- 23 section (b) before the end of the term de- 24 scribed in subparagraph (A) if the Sec- 25 748 •HR 6800 EH retary determines that the early termi- 1 nation of the contract is appropriate. 2 (ii) OWNERS AND OPERATORS.—An 3 owner and (if applicable) an operator of el- 4 igible land enrolled in the pilot program 5 under this section may terminate a con- 6 tract described in subsection (b) before the 7 end of the term described in subparagraph 8 (A) if the owner and (if applicable) the op- 9 erator pay to the Secretary an amount 10 equal to the amount of rental payments re- 11 ceived under the contract. 12 (4) HARVESTING, HAYING, AND GRAZING OUT- 13 SIDE APPLICABLE PERIOD.—The harvesting for 14 seed, haying, or grazing of eligible land under para- 15 graph (1)(B)(ii) outside of the primary nesting sea- 16 son established for the applicable county shall be 17 subject to the conditions that— 18 (A) with respect to eligible land that is so 19 hayed or grazed, adequate stubble height shall 20 be maintained to protect the soil on the eligible 21 land, as determined by the applicable State con- 22 servationist after considering the advice of the 23 applicable State technical committee; and 24 749 •HR 6800 EH (B) with respect to eligible land that is so 1 harvested for seed— 2 (i) the eligible land shall not be eligi- 3 ble to be insured or reinsured under the 4 Federal Crop Insurance Act (7 U.S.C. 5 1501 et seq.); and 6 (ii) the annual rental rate for a pay- 7 ment under a contract described in sub- 8 section (b) shall be $52.50 per acre. 9 (d) ACREAGE LIMITATION.—Not more than 10 5,000,000 total acres of eligible land may be enrolled 11 under the pilot program under this section. 12 (e) FUNDING.—There is appropriated, out of any 13 funds in the Treasury not otherwise appropriated, such 14 sums as may be necessary to carry out this section. 15 TITLE W—NUTRITION 16 SEC. 60601. DEFINITIONS. 17 In this title: 18 (1) COVID-19 PUBLIC HEALTH EMERGENCY.— 19 The term ‘‘COVID–19 public health emergency’’ 20 means the public health emergency declared by the 21 Secretary of Health and Human Services under sec- 22 tion 319 of the Public Health Services Act (42 23 U.S.C. 247d) on January 31, 2020, with respect to 24 COVID–19. 25 750 •HR 6800 EH (2) SUPPLEMENTAL NUTRITION ASSISTANCE 1 PROGRAM.—The term ‘‘supplemental nutrition as- 2 sistance program’’ has the meaning given such term 3 in section 3(t) of the Food and Nutrition Act of 4 2008 (7 U.S.C. 2012(t)). 5 SEC. 60602. ENHANCED PROJECTS TO HARVEST, PROCESS, 6 PACKAGE, OR TRANSPORT DONATED COM- 7 MODITIES. 8 (a) DEFINITIONS.—In this section: 9 (1) EMERGENCY FEEDING ORGANIZATION.— 10 The term ‘‘emergency feeding organization’’ has the 11 meaning given the term in section 201A of the 12 Emergency Food Assistance Act of 1983 (7 U.S.C. 13 7501). 14 (2) PROJECT.—The term ‘‘project’’ has the 15 meaning given the term in section 203D(d)(1) of the 16 Emergency Food Assistance Act of 1983 (7 U.S.C. 17 7507(d)(1)). 18 (3) PRIORITY AGRICULTURAL PRODUCT.—The 19 term ‘‘priority agricultural product’’ means a dairy, 20 meat, or poultry product, or a specialty crop— 21 (A) packaged or marketed for sale to com- 22 mercial or food service industries; 23 751 •HR 6800 EH (B) for which decreased demand exists for 1 such a product due to the COVID–19 outbreak; 2 and 3 (C) the repurposing of which would be im- 4 practical for grocery or retail sale. 5 (4) STATE.—The term ‘‘State’’ has the mean- 6 ing given the term in section 203D of the Emer- 7 gency Food Assistance Act of 1983 (7 U.S.C. 7507). 8 (5) STATE AGENCY.—The term ‘‘State agency’’ 9 has the meaning given the term in section 203D of 10 the Emergency Food Assistance Act of 1983 (7 11 U.S.C. 7507). 12 (b) ENHANCED PROJECTS.— 13 (1) IN GENERAL.—Subject to paragraphs (3) 14 and (4), using funds made available under sub- 15 section (d), the Secretary may provide funds to 16 States to pay for harvesting, processing, packaging, 17 or transportation costs of carrying out a project. 18 (2) GUIDANCE.—Not later than 30 days after 19 the date of enactment of this Act, the Secretary 20 shall issue guidance to States— 21 (A) to carry out this section; 22 (B) to inform States of their allocations 23 under paragraph (3); and 24 752 •HR 6800 EH (C) to encourage States to carry out 1 projects that work with agricultural producers, 2 processors, and distributors with priority agri- 3 cultural products. 4 (3) ALLOCATION.— 5 (A) ELIGIBILITY FOR ALLOCATION.—The 6 Secretary shall allocate funds made available 7 under subsection (d) based on the formula in 8 effect under section 214(a) of the Emergency 9 Food Assistance Act of 1983 (7 U.S.C. 10 7515(a)), among States that timely submit a 11 State plan of operation for a project that in- 12 cludes— 13 (i) a list of emergency feeding organi- 14 zations in the State that will operate the 15 project in partnership with the State agen- 16 cy; 17 (ii) at the option of the State, a list 18 of priority agricultural products located in 19 the State that are for donation to emer- 20 gency feeding organizations and ready for 21 transport; 22 (iii) a description of how the project 23 will meet the purposes described in section 24 203D(d)(3) of the Emergency Food Assist- 25 753 •HR 6800 EH ance Act of 1983 (7 U.S.C. 7507(d)(3)); 1 and 2 (iv) a timeline of when the project will 3 begin operating. 4 (B) REALLOCATION.—If the Secretary de- 5 termines that a State will not expend all the 6 funds allocated to the State under subpara- 7 graph (A), the Secretary shall reallocate the un- 8 expended funds to other eligible States. 9 (C) REPORT.—Each State that receives 10 funds allocated under this paragraph shall sub- 11 mit to the Secretary financial reports on a reg- 12 ular basis describing the use of the funds. 13 (4) USE OF FUNDS.— 14 (A) IN GENERAL.—A State that receives 15 funds under section 203D(d)(5) of the Emer- 16 gency Food Assistance Act of 1983 (7 U.S.C. 17 7507(d)(5)) may— 18 (i) receive funds under this section; 19 and 20 (ii) use funds received under this sec- 21 tion— 22 (I) to expand projects for which 23 funds are received under such section 24 203D(d)(5); 25 754 •HR 6800 EH (II) to carry out new projects 1 with agricultural producers, proc- 2 essors, or distributors participating in 3 projects for which funds are received 4 under such section 203D(d)(5); and 5 (III) to carry out projects with 6 agricultural producers, processors, or 7 distributors not participating in 8 projects for which funds are received 9 under such section 203D(d)(5). 10 (B) FEDERAL SHARE.—Funds received 11 under this section shall not be subject to the 12 Federal share limitation described in section 13 203D(d)(2)(B) of the Emergency Food Assist- 14 ance Act of 1983 (7 U.S.C. 7507(d)(2)(B)). 15 (c) COOPERATIVE AGREEMENTS.— 16 (1) IN GENERAL.—A State agency that carries 17 out a project using Federal funds received under 18 this section may enter into cooperative agreements 19 with State agencies of other States under section 20 203B(d) of the Emergency Food Assistance Act of 21 1983 (7 U.S.C. 7507(d)) to maximize the use of 22 commodities donated under the project. 23 (2) SUBMISSION.—Not later than 15 days after 24 entering into a cooperative agreement under para- 25 755 •HR 6800 EH graph (1), a State agency shall submit such agree- 1 ment to the Secretary. 2 (d) APPROPRIATION OF FUNDS.—Out of funds in the 3 Treasury not otherwise appropriated, there is appro- 4 priated to carry out this section $25,000,000 to remain 5 available until September 30, 2021. 6 (e) PUBLIC AVAILABILITY.—Not later than 10 days 7 after the date of the receipt or issuance of each document 8 listed in paragraphs (1), (2), or (3) of this subsection, the 9 Secretary shall make publicly available on the website of 10 the Department of Agriculture the following documents: 11 (1) Any guidance issued under subsection 12 (b)(2). 13 (2) A State plan of operation or report sub- 14 mitted in accordance with subsection (b)(3). 15 (3) A cooperative agreement submitted in ac- 16 cordance with subsection (c). 17 SEC. 60603. SNAP NUTRITION EDUCATION FLEXIBILITY. 18 (a) IN GENERAL.—Notwithstanding any other provi- 19 sion of law, the Secretary may issue nationwide guidance 20 to allow funding allocated under section 28 of the Food 21 and Nutrition Act (7 U.S.C. 2036a) to be used for individ- 22 uals distributing food in a non-congregate setting under 23 commodity distribution programs and child nutrition pro- 24 grams administered by the Food and Nutrition Service of 25 756 •HR 6800 EH the Department of Agriculture in States affected by the 1 COVID–19 outbreak, provided that any individuals who 2 distribute school meals under— 3 (1) the school lunch program established under 4 the Richard B. Russell National School Lunch Act 5 (42 U.S.C. 1751 et seq.); and 6 (2) the school breakfast program established 7 under section 4 of the Child Nutrition Act of 1966 8 (42 U.S.C. 1773); 9 using funds allocated under section 28 of the Food and 10 Nutrition Act of 2008 (7 U.S.C. 2036a) supplement, not 11 supplant, individuals who are employed by local edu- 12 cational authorities as of the date of enactment of this 13 Act. 14 (b) SUNSET.—The authority for this section shall ex- 15 pire 30 days after the COVID–19 public health emergency 16 is terminated. 17 SEC. 60604. FLEXIBILITIES FOR SENIOR FARMERS’ MARKET 18 PROGRAM. 19 (a) AUTHORITY TO MODIFY OR WAIVE RULES.— 20 Notwithstanding any other provision of law and if re- 21 quested by a State agency, the Secretary of Agriculture 22 may modify or waive any rule issued under section 4402 23 of the Farm Security and Rural Investment Act of 2002 24 757 •HR 6800 EH (7 U.S.C. 3007) that applies to such State agency if the 1 Secretary determines that— 2 (1) such State agency is unable to comply with 3 such rule as a result of COVID–19, and 4 (2) the requested modification or waiver is nec- 5 essary to enable such State agency to provide assist- 6 ance to low-income seniors under such section. 7 (b) PUBLIC AVAILABILITY.—Not later than 10 days 8 after the date of the receipt or issuance of each document 9 listed in paragraphs (1) and (2) of this subsection, the 10 Secretary shall make publicly available on the website of 11 the Department of Agriculture the following documents: 12 (1) Any request submitted by State agencies 13 under subsection (a). 14 (2) The Secretary’s approval or denial of each 15 such request. 16 (c) DEFINITION OF STATE AGENCY.—The term 17 ‘‘State agency’’ has the meaning given such term in sec- 18 tion 249.2 of 18 title 7 of the Code of Federal Regula- 19 tions. 20 (d) EFFECTIVE PERIOD.—Subsection (a) shall be in 21 effect during the period that begins on the date of the 22 enactment of this Act and ends 30 days after the termi- 23 nation of the COVID–19 public health emergency. 24 758 •HR 6800 EH SEC. 60605. FLEXIBILITIES FOR THE FOOD DISTRIBUTION 1 PROGRAM ON INDIAN RESERVATIONS. 2 (a) WAIVER OF NON-FEDERAL SHARE REQUIRE- 3 MENT.—Funds provided in division B of the Coronavirus 4 Aid, Relief, and Economic Security Act (Public Law 116– 5 136) for the food distribution program on Indian reserva- 6 tions authorized by section 4(b) of the Food and Nutrition 7 Act of 2008 (7 U.S.C. 2013(b)) shall not be subject to 8 the payment of the non-Federal share requirement de- 9 scribed in section 4(b)(4)(A) of such Act (7 U.S.C. 10 2013(b)(4)(A)). 11 (b) FLEXIBILITIES FOR CERTAIN HOUSEHOLDS.— 12 (1) IN GENERAL.—Notwithstanding any other 13 provision of law, the Secretary of Agriculture may 14 issue guidance to waive or adjust section 4(b)(2)(C) 15 of the Food and Nutrition Act of 2008 (7 U.S.C. 16 2013(b)(2)(C)) for any Tribal organization (as de- 17 fined in section 3(v) of such Act (7 U.S.C. 2012(v)), 18 or for an appropriate State agency administering the 19 program established under section 4(b) of such Act 20 (7 U.S.C. 2013(b)), to ensure that households on 21 the Indian reservation who are participating in the 22 supplemental nutrition assistance program and who 23 are unable to access approved retail food stores due 24 to the outbreak of COVID–19 have access to com- 25 modities distributed under section 4(b) of such Act. 26 759 •HR 6800 EH (2) PUBLIC AVAILABILITY.—The Secretary 1 shall make available the guidance document issued 2 under paragraph (1) on the public website of the 3 Department of Agriculture not later than 10 days 4 after the date of the issuance of such guidance. 5 (3) SUNSET.—The authority under this sub- 6 section shall expire 30 days after the termination of 7 the COVID–19 public health emergency. 8 SEC. 60606. SUPPLEMENTAL NUTRITION ASSISTANCE PRO- 9 GRAM. 10 (a) VALUE OF BENEFITS.—Notwithstanding any 11 other provision of law, beginning on June 1, 2020, and 12 for each subsequent month through September 30, 2021, 13 the value of benefits determined under section 8(a) of the 14 Food and Nutrition Act of 2008 (7 U.S.C. 2017(a)), and 15 consolidated block grants for Puerto Rico and American 16 Samoa determined under section 19(a) of such Act (7 17 U.S.C. 2028(a)), shall be calculated using 115 percent of 18 the June 2019 value of the thrifty food plan (as defined 19 in section 3 of such Act (7 U.S.C. 2012)) if the value of 20 the benefits and block grants would be greater under that 21 calculation than in the absence of this subsection. 22 (b) MINIMUM AMOUNT.— 23 (1) IN GENERAL.—The minimum value of bene- 24 fits determined under section 8(a) of the Food and 25 760 •HR 6800 EH Nutrition Act of 2008 (7 U.S.C. 2017(a)) for a 1 household of not more than 2 members shall be $30. 2 (2) EFFECTIVENESS.—Paragraph (1) shall re- 3 main in effect until the date on which 8 percent of 4 the value of the thrifty food plan for a household 5 containing 1 member, rounded to the nearest whole 6 dollar increment, is equal to or greater than $30. 7 (c) REQUIREMENTS FOR THE SECRETARY.—In car- 8 rying out this section, the Secretary shall— 9 (1) consider the benefit increases described in 10 each of subsections (a) and (b) to be a ‘‘mass 11 change’’; 12 (2) require a simple process for States to notify 13 households of the increase in benefits; 14 (3) consider section 16(c)(3)(A) of the Food 15 and Nutrition Act of 2008 (7 U.S.C. 2025(c)(3)(A)) 16 to apply to any errors in the implementation of this 17 section, without regard to the 120-day limit de- 18 scribed in that section; 19 (4) disregard the additional amount of benefits 20 that a household receives as a result of this section 21 in determining the amount of overissuances under 22 section 13 of the Food and Nutrition Act of 2008 23 (7 U.S.C. 2022); and 24 761 •HR 6800 EH (5) set the tolerance level for excluding small 1 errors for the purposes of section 16(c) of the Food 2 and Nutrition Act of 2008 (7 U.S.C. 2025(c)) at 3 $50 through September 30, 2021. 4 (d) PROVISIONS FOR IMPACTED WORKERS.—Not- 5 withstanding any other provision of law, the requirements 6 under subsections (d)(1)(A)(ii) and (o) of section 6 of the 7 Food and Nutrition Act of 2008 (7 U.S.C. 2015) shall 8 not be in effect during the period beginning on June 1, 9 2020, and ending 2 years after the date of enactment of 10 this Act. 11 (e) ADMINISTRATIVE EXPENSES.— 12 (1) IN GENERAL.—For the costs of State ad- 13 ministrative expenses associated with carrying out 14 this section and administering the supplemental nu- 15 trition assistance program established under the 16 Food and Nutrition Act of 2008 (7 U.S.C. 2011 et 17 seq.), the Secretary shall make available 18 $150,000,000 for fiscal year 2020 and 19 $150,000,000 for fiscal year 2021. 20 (2) TIMING FOR FISCAL YEAR 2020.—Not later 21 than 60 days after the date of the enactment of this 22 Act, the Secretary shall make available to States 23 amounts for fiscal year 2020 under paragraph (1). 24 762 •HR 6800 EH (3) ALLOCATION OF FUNDS.—Funds described 1 in paragraph (1) shall be made available as grants 2 to State agencies for each fiscal year as follows: 3 (A) 75 percent of the amounts available 4 for each fiscal year shall be allocated to States 5 based on the share of each State of households 6 that participate in the supplemental nutrition 7 assistance program as reported to the Depart- 8 ment of Agriculture for the most recent 12- 9 month period for which data are available, ad- 10 justed by the Secretary (as of the date of the 11 enactment of this Act) for participation in dis- 12 aster programs under section 5(h) of the Food 13 and Nutrition Act of 2008 (7 U.S.C. 2014(h)); 14 and 15 (B) 25 percent of the amounts available 16 for each fiscal year shall be allocated to States 17 based on the increase in the number of house- 18 holds that participate in the supplemental nu- 19 trition assistance program as reported to the 20 Department of Agriculture over the most recent 21 12-month period for which data are available, 22 adjusted by the Secretary (as of the date of the 23 enactment of this Act) for participation in dis- 24 763 •HR 6800 EH aster programs under section 5(h) of the Food 1 and Nutrition Act of 2008 (7 U.S.C. 2014(h)). 2 (f) SNAP RULES.—No funds (including fees) made 3 available under this Act or any other Act for any fiscal 4 year may be used to finalize, implement, administer, en- 5 force, carry out, or otherwise give effect to— 6 (1) the final rule entitled ‘‘Supplemental Nutri- 7 tion Assistance Program: Requirements for Able- 8 Bodied Adults Without Dependents’’ published in 9 the Federal Register on December 5, 2019 (84 Fed. 10 Reg. 66782); 11 (2) the proposed rule entitled ‘‘Revision of Cat- 12 egorical Eligibility in the Supplemental Nutrition 13 Assistance Program (SNAP)’’ published in the Fed- 14 eral Register on July 24, 2019 (84 Fed. Reg. 15 35570); or 16 (3) the proposed rule entitled ‘‘Supplemental 17 Nutrition Assistance Program: Standardization of 18 State Heating and Cooling Standard Utility Allow- 19 ances’’ published in the Federal Register on October 20 3, 2019 (84 Fed. Reg. 52809). 21 (g) CERTAIN EXCLUSIONS FROM SNAP INCOME.— 22 A Federal pandemic unemployment compensation pay- 23 ment made to an individual under section 2104 of the 24 CARES Act (Public Law 116–136) shall not be regarded 25 764 •HR 6800 EH as income and shall not be regarded as a resource for the 1 month of receipt and the following 9 months, for the pur- 2 pose of determining eligibility for such individual or any 3 other individual for benefits or assistance, or the amount 4 of benefits or assistance, under any programs authorized 5 under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 6 et seq.). 7 (h) PUBLIC AVAILABILITY.—Not later than 10 days 8 after the date of the receipt or issuance of each document 9 listed below, the Secretary shall make publicly available 10 on the website of the Department of Agriculture the fol- 11 lowing documents: 12 (1) Any State agency request to participate in 13 the supplemental nutrition assistance program on- 14 line program under section 7(k). 15 (2) Any State agency request to waive, adjust, 16 or modify statutory or regulatory requirements 17 under the Food and Nutrition Act of 2008 related 18 to the COVID–19 outbreak. 19 (3) The Secretary’s approval or denial of each 20 such request under paragraphs (1) or (2). 21 (i) FUNDING.—There are hereby appropriated to the 22 Secretary, out of any money not otherwise appropriated, 23 such sums as may be necessary to carry out this section. 24 765 •HR 6800 EH SEC. 60607. SNAP HOT FOOD PURCHASES. 1 During the period beginning 10 days after the date 2 of the enactment of this Act and ending on the termi- 3 nation date of the COVID–19 public health emergency, 4 the term ‘‘food’’, as defined in section 3 of the Food and 5 Nutrition Act of 2008 (7 U.S.C. 2012), shall be deemed 6 to exclude ‘‘hot foods or hot food products ready for imme- 7 diate consumption other than those authorized pursuant 8 to clauses (3), (4), (5), (7), (8), and (9) of this sub- 9 section,’’ for purposes of such Act, except that such exclu- 10 sion is limited to retail food stores authorized to accept 11 and redeem supplemental nutrition assistance program 12 benefits as of the date of enactment of this Act. 13 DIVISION G—ACCOUNTABILITY 14 AND GOVERNMENT OPERATIONS 15 TITLE I—ACCOUNTABILITY 16 SEC. 70101. MEMBERSHIP OF THE PANDEMIC RESPONSE 17 ACCOUNTABILITY COMMITTEE. 18 Section 15010(c) of the CARES Act (Public Law 19 116–136) is amended— 20 (1) in paragraph (1), by striking ‘‘and (D)’’ 21 and inserting ‘‘(D), and (E)’’; and 22 (2) in paragraph (2)(E), by inserting ‘‘of the 23 Council’’ after ‘‘Chairperson’’. 24 766 •HR 6800 EH SEC. 70102. CONGRESSIONAL NOTIFICATION OF CHANGE IN 1 STATUS OF INSPECTOR GENERAL. 2 (a) CHANGE IN STATUS OF INSPECTOR GENERAL OF 3 OFFICES.—Section 3(b) of the Inspector General Act of 4 1978 (5 U.S.C. App.) is amended— 5 (1) by inserting ‘‘, is placed on paid or unpaid 6 non-duty status,’’ after ‘‘is removed from office’’; 7 (2) by inserting ‘‘, change in status,’’ after 8 ‘‘any such removal’’; and 9 (3) by inserting ‘‘, change in status,’’ after ‘‘be- 10 fore the removal’’. 11 (b) CHANGE IN STATUS OF INSPECTOR GENERAL OF 12 DESIGNATED FEDERAL ENTITIES.—Section 8G(e)(2) of 13 the Inspector General Act of 1978 (5 U.S.C. App.) is 14 amended— 15 (1) by inserting ‘‘, is placed on paid or unpaid 16 non-duty status,’’ after ‘‘office’’; 17 (2) by inserting ‘‘, change in status,’’ after 18 ‘‘any such removal’’; and 19 (3) by inserting ‘‘, change in status,’’ after ‘‘be- 20 fore the removal’’. 21 (c) EFFECTIVE DATE.—The amendments made by 22 this section shall take effect 30 days after the date of the 23 enactment of this Act. 24 767 •HR 6800 EH SEC. 70103. PRESIDENTIAL EXPLANATION OF FAILURE TO 1 NOMINATE AN INSPECTOR GENERAL. 2 (a) IN GENERAL.—Subchapter III of chapter 33 of 3 title 5, United States Code, is amended by inserting after 4 section 3349d the following new section: 5 ‘‘§ 3349e. Presidential explanation of failure to nomi- 6 nate an Inspector General 7 ‘‘If the President fails to make a formal nomination 8 for a vacant Inspector General position that requires a for- 9 mal nomination by the President to be filled within the 10 period beginning on the date on which the vacancy oc- 11 curred and ending on the day that is 210 days after that 12 date, the President shall communicate, within 30 days 13 after the end of such period, to Congress in writing— 14 ‘‘(1) the reasons why the President has not yet 15 made a formal nomination; and 16 ‘‘(2) a target date for making a formal nomina- 17 tion.’’. 18 (b) CLERICAL AMENDMENT.—The table of sections 19 for chapter 33 of title 5, United States Code, is amended 20 by inserting after the item relating to 3349d the following 21 new item: 22 ‘‘3349e. Presidential explanation of failure to nominate an Inspector General.’’. (c) EFFECTIVE DATE.—The amendment made by 23 subsection (a) shall take effect on the date of the enact- 24 768 •HR 6800 EH ment of this Act and shall apply to any vacancy first oc- 1 curring on or after that date. 2 SEC. 70104. INSPECTOR GENERAL INDEPENDENCE. 3 (a) SHORT TITLE.—This section may be cited as the 4 ‘‘Inspector General Independence Act’’. 5 (b) AMENDMENT.—The Inspector General Act of 6 1978 (5 U.S.C. App.) is amended— 7 (1) in section 3(b)— 8 (A) by striking ‘‘An Inspector General’’ 9 and inserting ‘‘(1) An Inspector General’’; 10 (B) by inserting after ‘‘by the President’’ 11 the following: ‘‘in accordance with paragraph 12 (2)’’; and 13 (C) by inserting at the end the following 14 new paragraph: 15 ‘‘(2) The President may remove an Inspector 16 General only for any of the following grounds: 17 ‘‘(A) Permanent incapacity. 18 ‘‘(B) Inefficiency. 19 ‘‘(C) Neglect of duty. 20 ‘‘(D) Malfeasance. 21 ‘‘(E) Conviction of a felony or conduct in- 22 volving moral turpitude. 23 ‘‘(F) Knowing violation of a law, rule, or 24 regulation. 25 769 •HR 6800 EH ‘‘(G) Gross mismanagement. 1 ‘‘(H) Gross waste of funds. 2 ‘‘(I) Abuse of authority.’’; and 3 (2) in section 8G(e)(2), by adding at the end 4 the following new sentence: ″An Inspector General 5 may be removed only for any of the following 6 grounds: 7 ‘‘(A) Permanent incapacity. 8 ‘‘(B) Inefficiency. 9 ‘‘(C) Neglect of duty. 10 ‘‘(D) Malfeasance. 11 ‘‘(E) Conviction of a felony or conduct in- 12 volving moral turpitude. 13 ‘‘(F) Knowing violation of a law, rule, or 14 regulation. 15 ‘‘(G) Gross mismanagement. 16 ‘‘(H) Gross waste of funds. 17 ‘‘(I) Abuse of authority.’’. 18 SEC. 70105. USPS INSPECTOR GENERAL OVERSIGHT RE- 19 SPONSIBILITIES. 20 The Inspector General of the United States Postal 21 Service shall— 22 (1) conduct oversight, audits, and investigations 23 of projects and activities carried out with funds pro- 24 770 •HR 6800 EH vided in division A of this Act to the United States 1 Postal Service; and 2 (2) not less than 90 days after the Postal Serv- 3 ice commences use of funding provided by division A 4 of this Act, and annually thereafter, initiate an audit 5 of the Postal Service’s use of appropriations and 6 borrowing authority provided by any division of this 7 Act, including the use of funds to cover lost reve- 8 nues, costs due to COVID–19, and expenditures, 9 and submit a copy of such audit to the Committee 10 on Homeland Security and Governmental Affairs of 11 the Senate, the Committee on Oversight and Reform 12 of the House of Representatives, and the Commit- 13 tees on Appropriations of the House of Representa- 14 tives and the Senate. 15 TITLE II—CENSUS MATTERS 16 SEC. 70201. MODIFICATION OF 2020 CENSUS DEADLINES 17 AND TABULATION OF POPULATION. 18 (a) DEADLINE MODIFICATION.—Notwithstanding the 19 timetables provided in sections 141(b) and (c) of title 13, 20 United States Code, and section 22(a) of the Act entitled 21 ‘‘An Act to provide for the fifteenth and subsequent decen- 22 nial censuses and to provide for an apportionment of Rep- 23 resentatives in Congress’’, approved June 18, 1929 (2 24 771 •HR 6800 EH U.S.C. 2a(a)), for the 2020 decennial census of the popu- 1 lation— 2 (1) the tabulation of total population by States 3 required by section 141(a) of such title for the ap- 4 portionment of Representatives in Congress among 5 the several States shall be completed and reported 6 by the Secretary to the President within 13 months 7 after the decennial census date of April 1, 2020, and 8 shall be made public by the Secretary no later than 9 the date on which it is reported to the President; 10 (2) the President shall transmit to the Congress 11 a statement showing the whole number of persons in 12 each State, and the number of Representatives to 13 which each State would be entitled under an appor- 14 tionment of the then existing number of Representa- 15 tives, as required by such section 22(a), and deter- 16 mined solely as described therein, within 14 days 17 after receipt of the tabulation reported by the Sec- 18 retary; and 19 (3) the tabulations of populations required by 20 section 141(c) of such title shall be completed by the 21 Secretary as expeditiously as possible after the cen- 22 sus date of April 1, 2020, taking into account each 23 State’s deadlines for legislative apportionment or 24 districting, and reported to the Governor of the 25 772 •HR 6800 EH State involved and to the officers or public bodies 1 having responsibility for legislative apportionment or 2 districting of such State, except that such tabula- 3 tions of population of each State requesting a tab- 4 ulation plan, and basic tabulations of population of 5 each other State, shall be completed, reported, and 6 transmitted to each respective State within 16 7 months after the decennial census date of April 1, 8 2020. 9 (b) QUALITY.—Data products and tabulations pro- 10 duced by the Bureau of the Census pursuant to sections 11 141(b) or (c) of title 13, United States Code, in connection 12 with the 2020 decennial census shall meet the same or 13 higher data quality standards as similar products pro- 14 duced by the Bureau of the Census in connection with the 15 2010 decennial census. 16 SEC. 70202. REPORTING REQUIREMENTS FOR 2020 CENSUS. 17 On the first day of each month during the period be- 18 tween the date of enactment of this Act and July 1, 2021, 19 the Director of the Bureau of the Census shall submit, 20 to the Committee on Oversight and Reform of the House 21 of Representatives, the Committee on Homeland Security 22 and Governmental Affairs of the Senate, and the Commit- 23 tees on Appropriations of the House and the Senate, a 24 773 •HR 6800 EH report regarding the 2020 decennial census of population 1 containing the following information: 2 (1) The total number of field staff, sorted by 3 category, hired by the Bureau compared to the num- 4 ber of field staff the Bureau estimated was nec- 5 essary to carry out such census. 6 (2) Retention rates of such hired field staff. 7 (3) Average wait time for call center calls and 8 average wait time for each language provided. 9 (4) Anticipated schedule of such census oper- 10 ations. 11 (5) Total tabulated responses, categorized by 12 race and Hispanic origin. 13 (6) Total appropriations available for obligation 14 for such census and a categorized list of total dis- 15 bursements. 16 (7) Non-Response Follow-Up completion rates 17 by geographic location. 18 (8) Update/Enumerate and Update/Leave com- 19 pletion rates by geographic location. 20 (9) Total spending to date on media, advertise- 21 ments, and partnership specialists, including a geo- 22 graphic breakdown of such spending. 23 (10) Post-enumeration schedule and subsequent 24 data aggregation and delivery progress. 25 774 •HR 6800 EH SEC. 70203. PROVIDING BUREAU OF THE CENSUS ACCESS 1 TO INFORMATION FROM INSTITUTIONS OF 2 HIGHER EDUCATION. 3 (a) IN GENERAL.—Notwithstanding any other provi- 4 sion of law, including section 444 of the General Edu- 5 cation Provisions Act (commonly known as the ‘‘Family 6 Educational Rights and Privacy Act of 1974’’), an institu- 7 tion of higher education may, in furtherance of a full and 8 accurate decennial census of population count, provide to 9 the Bureau of the Census information requested by the 10 Bureau for purposes of enumeration for the 2020 decen- 11 nial census of population. 12 (b) APPLICATION.— 13 (1) INFORMATION.—Only information requested 14 on the official 2020 decennial census of population 15 form may be provided to the Bureau of the Census 16 pursuant to this section. No institution of higher 17 education may provide any information to the Bu- 18 reau on the immigration or citizenship status of any 19 individual. 20 (2) NOTICE REQUIRED.—Before information 21 can be provided to the Bureau, the institution of 22 higher education shall give public notice of the cat- 23 egories of information which it plans to provide and 24 shall allow 10 days after such notice has been given 25 for a student to inform the institution that any or 26 775 •HR 6800 EH all of the information designated should not be re- 1 leased without the student’s prior consent. No insti- 2 tution of higher education shall provide the Bureau 3 with the information of any individual who has ob- 4 jected to the provision of such information. 5 (3) USE OF INFORMATION.—Information pro- 6 vided to the Bureau pursuant to this section may 7 only be used for the purposes of enumeration for the 8 2020 decennial census of population. 9 (c) DEFINITION OF INSTITUTION OF HIGHER EDU- 10 CATION.—In this section, the term ‘‘institution of higher 11 education’’ has the meaning given that term in section 102 12 of the Higher Education Act of 1965 (20 U.S.C. 1002). 13 (d) SUNSET.—The authority provided in this section 14 shall expire at the conclusion of 2020 census operations. 15 SEC. 70204. LIMITATION ON TABULATION OF CERTAIN 16 DATA. 17 (a) LIMITATION.—The Bureau of the Census may 18 not compile or produce any data product or tabulation as 19 part of, in combination with, or in connection with, the 20 2020 decennial census of population or any such census 21 data produced pursuant to section 141(c) of title 13, 22 United States Code, that is based in whole or in part on 23 data that is not collected in such census. 24 776 •HR 6800 EH (b) EXCEPTION.—The limitation in subsection (a) 1 shall not apply to any data product or tabulation that is 2 required by sections 141(b) or (c) of such title, that uses 3 the same or substantially similar methodology and data 4 sources as a decennial census data product produced by 5 the Bureau of the Census before January 1, 2019, or that 6 uses a methodology and data sources that the Bureau of 7 the Census finalized and made public prior to January 1, 8 2018. 9 TITLE III—FEDERAL 10 WORKFORCE 11 SEC. 70301. COVID–19 TELEWORKING REQUIREMENTS FOR 12 FEDERAL EMPLOYEES. 13 (a) MANDATED TELEWORK.— 14 (1) IN GENERAL.—Effective immediately upon 15 the date of enactment of this Act, the head of any 16 Federal agency shall require any employee of such 17 agency who is authorized to telework under chapter 18 65 of title 5, United States Code, or any other provi- 19 sion of law to telework during the period beginning 20 on the date of enactment of this Act and ending on 21 December 31, 2020. 22 (2) DEFINITIONS.—In this subsection— 23 (A) the term ‘‘employee’’ means— 24 777 •HR 6800 EH (i) an employee of the Library of Con- 1 gress; 2 (ii) an employee of the Government 3 Accountability Office; 4 (iii) a covered employee as defined in 5 section 101 of the Congressional Account- 6 ability Act of 1995 (2 U.S.C. 1301), other 7 than an applicant for employment; 8 (iv) a covered employee as defined in 9 section 411(c) of title 3, United States 10 Code; 11 (v) a Federal officer or employee cov- 12 ered under subchapter V of chapter 63 of 13 title 5, United States Code; or 14 (vi) any other individual occupying a 15 position in the civil service (as that term is 16 defined in section 2101(1) of title 5, 17 United States Code); and 18 (B) the term ‘‘telework’’ has the meaning 19 given that term in section 6501(3) of such title. 20 (b) TELEWORK PARTICIPATION GOALS.—Chapter 65 21 of title 5, United States Code, is amended as follows: 22 (1) In section 6502— 23 (A) in subsection (b)— 24 778 •HR 6800 EH (i) in paragraph (4), by striking 1 ‘‘and’’ at the end; 2 (ii) in paragraph (5), by striking the 3 period at the end and inserting a semi- 4 colon; and 5 (iii) by adding at the end the fol- 6 lowing: 7 ‘‘(6) include annual goals for increasing the 8 percent of employees of the executive agency partici- 9 pating in teleworking— 10 ‘‘(A) three or more days per pay period; 11 ‘‘(B) one or 2 days per pay period; 12 ‘‘(C) once per month; and 13 ‘‘(D) on an occasional, episodic, or short- 14 term basis; and 15 ‘‘(7) include methods for collecting data on, set- 16 ting goals for, and reporting costs savings to the ex- 17 ecutive agency achieved through teleworking, con- 18 sistent with the guidance developed under section 19 70302 (c) of The Heroes Act.’’; and 20 (B) by adding at the end the following: 21 ‘‘(d) NOTIFICATION FOR REDUCTION IN TELE- 22 WORKING PARTICIPATION.—Not later than 30 days before 23 the date that an executive agency implements or modifies 24 a teleworking plan that would reduce the percentage of 25 779 •HR 6800 EH employees at the agency who telework, the head of the ex- 1 ecutive agency shall provide written notification, including 2 a justification for the reduction in telework participation 3 and a description of how the agency will pay for any in- 4 creased costs resulting from that reduction, to— 5 ‘‘(1) the Director of the Office of Personnel 6 Management; 7 ‘‘(2) the Committee on Oversight and Reform 8 of the House of Representatives; and 9 ‘‘(3) the Committee on Homeland Security and 10 Governmental Affairs of the Senate. 11 ‘‘(e) PROHIBITION ON AGENCY-WIDE LIMITS ON 12 TELEWORKING.—An agency may not prohibit any delin- 13 eated period of teleworking participation for all employees 14 of the agency, including the periods described in subpara- 15 graphs (A) through (D) of subsection (b)(6). The agency 16 shall make any teleworking determination with respect to 17 an employee or group of employees at the agency on a 18 case-by-case basis.’’. 19 (2) In section 6506(b)(2)— 20 (A) in subparagraph (F)(vi), by striking 21 ‘‘and’’ at the end; 22 (B) in subparagraph (G), by striking the 23 period at the end and inserting a semicolon; 24 and 25 780 •HR 6800 EH (C) by adding at the end the following: 1 ‘‘(H) agency cost savings achieved through 2 teleworking, consistent with the guidance devel- 3 oped under section 2(c) of the Telework Metrics 4 and Cost Savings Act; and 5 ‘‘(I) a detailed explanation of a plan to in- 6 crease the Government-wide teleworking partici- 7 pation rate above such rate applicable to fiscal 8 year 2016, including agency-level plans to main- 9 tain or imparove such rate for each of the tele- 10 working frequency categories listed under sub- 11 paragraph (A)(iii).’’. 12 (c) GUIDANCE.—Not later than 90 days after the 13 date of the enactment of this Act, the Director of the Of- 14 fice of Personnel Management, in collaboration with the 15 Chief Human Capital Officer Council, shall establish uni- 16 form guidance for agencies on how to collect data on, set 17 goals for, and report cost savings achieved through, tele- 18 working. Such guidance shall account for cost savings re- 19 lated to travel, energy use, and real estate. 20 (d) TECHNICAL CORRECTION.—Section 6506(b)(1) 21 of title 5, United States Code, is amended by striking 22 ‘‘with Chief’’ and inserting ‘‘with the Chief’’. 23 781 •HR 6800 EH SEC. 70302. RETIREMENT FOR CERTAIN EMPLOYEES. 1 (a) CSRS.—Section 8336(c) of title 5, United States 2 Code, is amended by adding at the end the following: 3 ‘‘(3)(A) In this paragraph— 4 ‘‘(i) the term ‘affected individual’ 5 means an individual covered under this 6 subchapter who— 7 ‘‘(I) is performing service in a 8 covered position; 9 ‘‘(II) is diagnosed with COVID– 10 19 before the date on which the indi- 11 vidual becomes entitled to an annuity 12 under paragraph (1) of this sub- 13 section or subsection (e), (m), or (n), 14 as applicable; 15 ‘‘(III) because of the illness de- 16 scribed in subclause (II), is perma- 17 nently unable to render useful and ef- 18 ficient service in the employee’s cov- 19 ered position, as determined by the 20 agency in which the individual was 21 serving when such individual incurred 22 the illness; and 23 ‘‘(IV) is appointed to a position 24 in the civil service that— 25 782 •HR 6800 EH ‘‘(aa) is not a covered posi- 1 tion; and 2 ‘‘(bb) is within an agency 3 that regularly appoints individ- 4 uals to supervisory or administra- 5 tive positions related to the ac- 6 tivities of the former covered po- 7 sition of the individual; 8 ‘‘(ii) the term ‘covered position’ means 9 a position as a law enforcement officer, 10 customs and border protection officer, fire- 11 fighter, air traffic controller, nuclear mate- 12 rials courier, member of the Capitol Police, 13 or member of the Supreme Court Police; 14 and 15 ‘‘(iii) the term ‘COVID–19’ means the 16 2019 Novel Coronavirus or 2019-nCoV. 17 ‘‘(B) Unless an affected individual files an 18 election described in subparagraph (E), cred- 19 itable service by the affected individual in a po- 20 sition described in subparagraph (A)(i)(IV) 21 shall be treated as creditable service in a cov- 22 ered position for purposes of this chapter and 23 determining the amount to be deducted and 24 783 •HR 6800 EH withheld from the pay of the affected individual 1 under section 8334. 2 ‘‘(C) Subparagraph (B) shall only apply if 3 the affected employee transitions to a position 4 described in subparagraph (A)(i)(IV) without a 5 break in service exceeding 3 days. 6 ‘‘(D) The service of an affected individual 7 shall no longer be eligible for treatment under 8 subparagraph (B) if such service occurs after 9 the individual— 10 ‘‘(i) is transferred to a supervisory or 11 administrative position related to the ac- 12 tivities of the former covered position of 13 the individual; or 14 ‘‘(ii) meets the age and service re- 15 quirements that would subject the indi- 16 vidual to mandatory separation under sec- 17 tion 8335 if such individual had remained 18 in the former covered position. 19 ‘‘(E) In accordance with procedures estab- 20 lished by the Director of the Office of Personnel 21 Management, an affected individual may file an 22 election to have any creditable service per- 23 formed by the affected individual treated in ac- 24 784 •HR 6800 EH cordance with this chapter without regard to 1 subparagraph (B). 2 ‘‘(F) Nothing in this paragraph shall be 3 construed to apply to such affected individual 4 any other pay-related laws or regulations appli- 5 cable to a covered position.’’. 6 (b) FERS.— 7 (1) IN GENERAL.—Section 8412(d) of title 5, 8 United States Code, is amended— 9 (A) by redesignating paragraphs (1) and 10 (2) as subparagraphs (A) and (B), respectively; 11 (B) by inserting ‘‘(1)’’ before ‘‘An em- 12 ployee’’; and 13 (C) by adding at the end the following: 14 ‘‘(2)(A) In this paragraph— 15 ‘‘(i) the term ‘affected individual’ 16 means an individual covered under this 17 chapter who— 18 ‘‘(I) is performing service in a 19 covered position; 20 ‘‘(II) is diagnosed with COVID– 21 19 before the date on which the indi- 22 vidual becomes entitled to an annuity 23 under paragraph (1) of this sub- 24 785 •HR 6800 EH section or subsection (e), as applica- 1 ble; 2 ‘‘(III) because of the illness de- 3 scribed in subclause (II), is perma- 4 nently unable to render useful and ef- 5 ficient service in the employee’s cov- 6 ered position, as determined by the 7 agency in which the individual was 8 serving when such individual incurred 9 the illness; and 10 ‘‘(IV) is appointed to a position 11 in the civil service that— 12 ‘‘(aa) is not a covered posi- 13 tion; and 14 ‘‘(bb) is within an agency 15 that regularly appoints individ- 16 uals to supervisory or administra- 17 tive positions related to the ac- 18 tivities of the former covered po- 19 sition of the individual; 20 ‘‘(ii) the term ‘covered position’ means 21 a position as a law enforcement officer, 22 customs and border protection officer, fire- 23 fighter, air traffic controller, nuclear mate- 24 rials courier, member of the Capitol Police, 25 786 •HR 6800 EH or member of the Supreme Court Police; 1 and 2 ‘‘(iii) the term ‘COVID–19’ means the 3 2019 Novel Coronavirus or 2019-nCoV. 4 ‘‘(B) Unless an affected individual files an 5 election described in subparagraph (E), cred- 6 itable service by the affected individual in a po- 7 sition described in subparagraph (A)(i)(IV) 8 shall be treated as creditable service in a cov- 9 ered position for purposes of this chapter and 10 determining the amount to be deducted and 11 withheld from the pay of the affected individual 12 under section 8422. 13 ‘‘(C) Subparagraph (B) shall only apply if 14 the affected employee transitions to a position 15 described in subparagraph (A)(i)(IV) without a 16 break in service exceeding 3 days. 17 ‘‘(D) The service of an affected individual 18 shall no longer be eligible for treatment under 19 subparagraph (B) if such service occurs after 20 the individual— 21 ‘‘(i) is transferred to a supervisory or 22 administrative position related to the ac- 23 tivities of the former covered position of 24 the individual; or 25 787 •HR 6800 EH ‘‘(ii) meets the age and service re- 1 quirements that would subject the indi- 2 vidual to mandatory separation under sec- 3 tion 8425 if such individual had remained 4 in the former covered position. 5 ‘‘(E) In accordance with procedures estab- 6 lished by the Director of the Office of Personnel 7 Management, an affected individual may file an 8 election to have any creditable service per- 9 formed by the affected individual treated in ac- 10 cordance with this chapter without regard to 11 subparagraph (B). 12 ‘‘(F) Nothing in this paragraph shall be 13 construed to apply to such affected individual 14 any other pay-related laws or regulations appli- 15 cable to a covered position.’’. 16 (2) TECHNICAL AND CONFORMING AMEND- 17 MENTS.— 18 (A) Chapter 84 of title 5, United States 19 Code, is amended— 20 (i) in section 8414(b)(3), by inserting 21 ‘‘(1)’’ after ‘‘subsection (d)’’; 22 (ii) in section 8415— 23 (I) in subsection (e), in the mat- 24 ter preceding paragraph (1), by in- 25 788 •HR 6800 EH serting ‘‘(1)’’ after ‘‘subsection (d)’’; 1 and 2 (II) in subsection (h)(2)(A), by 3 striking ‘‘(d)(2)’’ and inserting 4 ‘‘(d)(1)(B)’’; 5 (iii) in section 8421(a)(1), by insert- 6 ing ‘‘(1)’’ after ‘‘(d)’’; 7 (iv) in section 8421a(b)(4)(B)(ii), by 8 inserting ‘‘(1)’’ after ‘‘section 8412(d)’’; 9 (v) in section 8425, by inserting ‘‘(1)’’ 10 after ‘‘section 8412(d)’’ each place it ap- 11 pears; and 12 (vi) in section 8462(c)(3)(B)(ii), by 13 inserting ‘‘(1)’’ after ‘‘subsection (d)’’. 14 (B) Title VIII of the Foreign Service Act 15 of 1980 (22 U.S.C. 4041 et seq.) is amended— 16 (i) in section 805(d)(5) (22 U.S.C. 17 4045(d)(5)), by inserting ‘‘(1)’’ after ‘‘or 18 8412(d)’’; and 19 (ii) in section 812(a)(2)(B) (22 20 U.S.C. 4052(a)(2)(B)), by inserting ‘‘(1)’’ 21 after ‘‘or 8412(d)’’. 22 (c) CIA EMPLOYEES.—Section 302 of the Central In- 23 telligence Agency Retirement Act (50 U.S.C. 2152) is 24 amended by adding at the end the following: 25 789 •HR 6800 EH ‘‘(d) EMPLOYEES DISABLED ON DUTY.— 1 ‘‘(1) DEFINITIONS.—In this subsection— 2 ‘‘(A) the term ‘affected employee’ means 3 an employee of the Agency covered under sub- 4 chapter II of chapter 84 of title 5, United 5 States Code, who— 6 ‘‘(i) is performing service in a position 7 designated under subsection (a); 8 ‘‘(ii) is diagnosed with COVID–19 be- 9 fore the date on which the employee be- 10 comes entitled to an annuity under section 11 233 of this Act or section 8412(d)(1) of 12 title 5, United States Code; 13 ‘‘(iii) because of the illness described 14 in clause (ii), is permanently unable to 15 render useful and efficient service in the 16 employee’s covered position, as determined 17 by the Director; and 18 ‘‘(iv) is appointed to a position in the 19 civil service that is not a covered position 20 but is within the Agency; 21 ‘‘(B) the term ‘covered position’ means a 22 position as— 23 790 •HR 6800 EH ‘‘(i) a law enforcement officer de- 1 scribed in section 8331(20) or 8401(17) of 2 title 5, United States Code; 3 ‘‘(ii) a customs and border protection 4 officer described in section 8331(31) or 5 8401(36) of title 5, United States Code; 6 ‘‘(iii) a firefighter described in section 7 8331(21) or 8401(14) of title 5, United 8 States Code; 9 ‘‘(iv) an air traffic controller described 10 in section 8331(30) or 8401(35) of title 5, 11 United States Code; 12 ‘‘(v) a nuclear materials courier de- 13 scribed in section 8331(27) or 8401(33) of 14 title 5, United States Code; 15 ‘‘(vi) a member of the United States 16 Capitol Police; 17 ‘‘(vii) a member of the Supreme Court 18 Police; 19 ‘‘(viii) an affected employee; or 20 ‘‘(ix) a special agent described in sec- 21 tion 804(15) of the Foreign Service Act of 22 1980 (22 U.S.C. 4044(15)); and 23 ‘‘(C) the term ‘COVID–19’ means the 24 2019 Novel Coronavirus or 2019-nCoV. 25 791 •HR 6800 EH ‘‘(2) TREATMENT OF SERVICE AFTER DIS- 1 ABILITY.—Unless an affected employee files an elec- 2 tion described in paragraph (3), creditable service by 3 the affected employee in a position described in 4 paragraph (1)(A)(iv) shall be treated as creditable 5 service in a covered position for purposes of this Act 6 and chapter 84 of title 5, United States Code, in- 7 cluding eligibility for an annuity under section 233 8 of this Act or 8412(d)(1) of title 5, United States 9 Code, and determining the amount to be deducted 10 and withheld from the pay of the affected employee 11 under section 8422 of title 5, United States Code. 12 ‘‘(3) BREAK IN SERVICE.—Paragraph (2) shall 13 only apply if the affected employee transitions to a 14 position described in paragraph (1)(A)(iv) without a 15 break in service exceeding 3 days. 16 ‘‘(4) LIMITATION ON TREATMENT OF SERV- 17 ICE.—The service of an affected employee shall no 18 longer be eligible for treatment under paragraph (2) 19 if such service occurs after the employee is trans- 20 ferred to a supervisory or administrative position re- 21 lated to the activities of the former covered position 22 of the employee. 23 ‘‘(5) OPT OUT.—An affected employee may file 24 an election to have any creditable service performed 25 792 •HR 6800 EH by the affected employee treated in accordance with 1 chapter 84 of title 5, United States Code, without 2 regard to paragraph (2).’’. 3 (d) FOREIGN SERVICE RETIREMENT AND DIS- 4 ABILITY SYSTEM.—Section 806(a)(6) of the Foreign Serv- 5 ice Act of 1980 (22 U.S.C. 4046(a)(6)) is amended by 6 adding at the end the following: 7 ‘‘(D)(i) In this subparagraph— 8 ‘‘(I) the term ‘affected special 9 agent’ means an individual covered 10 under this subchapter who— 11 ‘‘(aa) is performing service 12 as a special agent; 13 ‘‘(bb) is diagnosed with 14 COVID–19 before the date on 15 which the individual becomes en- 16 titled to an annuity under section 17 811; 18 ‘‘(cc) because of the illness 19 described in item (bb), is perma- 20 nently unable to render useful 21 and efficient service in the em- 22 ployee’s covered position, as de- 23 termined by the Secretary; and 24 793 •HR 6800 EH ‘‘(dd) is appointed to a posi- 1 tion in the Foreign Service that 2 is not a covered position; 3 ‘‘(II) the term ‘covered position’ 4 means a position as— 5 ‘‘(aa) a law enforcement of- 6 ficer described in section 7 8331(20) or 8401(17) of title 5, 8 United States Code; 9 ‘‘(bb) a customs and border 10 protection officer described in 11 section 8331(31) or 8401(36) of 12 title 5, United States Code; 13 ‘‘(cc) a firefighter described 14 in section 8331(21) or 8401(14) 15 of title 5, United States Code; 16 ‘‘(dd) an air traffic con- 17 troller described in section 18 8331(30) or 8401(35) of title 5, 19 United States Code; 20 ‘‘(ee) a nuclear materials 21 courier described in section 22 8331(27) or 8401(33) of title 5, 23 United States Code; 24 794 •HR 6800 EH ‘‘(ff) a member of the 1 United States Capitol Police; 2 ‘‘(gg) a member of the Su- 3 preme Court Police; 4 ‘‘(hh) an employee of the 5 Agency designated under section 6 302(a) of the Central Intelligence 7 Agency Retirement Act (50 8 U.S.C. 2152(a)); or 9 ‘‘(ii) a special agent; and 10 ‘‘(III) the term ‘COVID–19’ 11 means the 2019 Novel Coronavirus or 12 2019-nCoV. 13 ‘‘(ii) Unless an affected special agent files 14 an election described in clause (iv), creditable 15 service by the affected special agent in a posi- 16 tion described in clause (i)(I)(dd) shall be treat- 17 ed as creditable service as a special agent for 18 purposes of this subchapter, including deter- 19 mining the amount to be deducted and withheld 20 from the pay of the individual under section 21 805. 22 ‘‘(iii) Clause (ii) shall only apply if the spe- 23 cial agent transitions to a position described in 24 795 •HR 6800 EH clause (i)(I)(dd) without a break in service ex- 1 ceeding 3 days. 2 ‘‘(iv) The service of an affected employee 3 shall no longer be eligible for treatment under 4 clause (ii) if such service occurs after the em- 5 ployee is transferred to a supervisory or admin- 6 istrative position related to the activities of the 7 former covered position of the employee. 8 ‘‘(v) In accordance with procedures estab- 9 lished by the Secretary, an affected special 10 agent may file an election to have any cred- 11 itable service performed by the affected special 12 agent treated in accordance with this sub- 13 chapter, without regard to clause (ii).’’. 14 (e) IMPLEMENTATION.— 15 (1) OFFICE OF PERSONNEL MANAGEMENT.— 16 The Director of the Office of Personnel Management 17 shall promulgate regulations to carry out the amend- 18 ments made by subsections (a) and (b). 19 (2) CIA EMPLOYEES.—The Director of the 20 Central Intelligence Agency shall promulgate regula- 21 tions to carry out the amendment made by sub- 22 section (c). 23 (3) FOREIGN SERVICE RETIREMENT AND DIS- 24 ABILITY SYSTEM.—The Secretary of State shall pro- 25 796 •HR 6800 EH mulgate regulations to carry out the amendment 1 made by subsection (d). 2 (4) AGENCY REAPPOINTMENT.—The regula- 3 tions promulgated to carry out the amendments 4 made by this section shall ensure that, to the great- 5 est extent possible, the head of each agency appoints 6 affected employees or special agents to supervisory 7 or administrative positions related to the activities of 8 the former covered position of the employee or spe- 9 cial agent. 10 (5) TREATMENT OF SERVICE.—The regulations 11 promulgated to carry out the amendments made by 12 this section shall ensure that the creditable service 13 of an affected employee or special agent (as the case 14 may be) that is not in a covered position pursuant 15 to an election made under such amendments shall be 16 treated as the same type of service as the covered 17 position in which the employee or agent suffered the 18 qualifying illness. 19 (f) EFFECTIVE DATE; APPLICABILITY.—The amend- 20 ments made by this section— 21 (1) shall take effect on the date of enactment 22 of this section; and 23 (2) shall apply to an individual who suffers an 24 illness described in section 8336(c)(3)(A)(i)(II) or 25 797 •HR 6800 EH section 8412(d)(2)(A)(i)(II) of title 5, United States 1 Code (as amended by this section), section 2 302(d)(1)(A)(ii) of the Central Intelligence Agency 3 Retirement Act (as amended by this section), or sec- 4 tion 806(a)(6)(D)(i)(I)(bb) of the Foreign Service 5 Act of 1980 (as amended by this section), on or 6 after the date that is 2 years after the date of enact- 7 ment of this section. 8 SEC. 70303. PRESUMPTION OF ELIGIBILITY FOR WORKERS’ 9 COMPENSATION BENEFITS FOR FEDERAL 10 EMPLOYEES DIAGNOSED WITH 11 CORONAVIRUS. 12 (a) IN GENERAL.—An employee who is diagnosed 13 with COVID–19 during the period described in subsection 14 (b)(2)(A) shall, with respect to any claim made by or on 15 behalf of the employee for benefits under subchapter I of 16 chapter 81 of title 5, United States Code, be deemed to 17 have an injury proximately caused by exposure to 18 coronavirus arising out of the nature of the employee’s em- 19 ployment and be presumptively entitled to such benefits, 20 including disability compensation, medical services, and 21 survivor benefits. 22 (b) DEFINITIONS.—In this section— 23 798 •HR 6800 EH (1) the term ‘‘coronavirus’’ means SARS– 1 CoV–2 or another coronavirus with pandemic poten- 2 tial; and 3 (2) the term ‘‘employee’’— 4 (A) means an employee as that term is de- 5 fined in section 8101(1) of title 5, United 6 States Code, (including an employee of the 7 United States Postal Service, the Transpor- 8 tation Security Administration, or the Depart- 9 ment of Veterans Affairs, including any indi- 10 vidual appointed under chapter 73 or 74 of title 11 38, United States Code) employed in the Fed- 12 eral service at anytime during the period begin- 13 ning on January 27, 2020, and ending on Jan- 14 uary 30, 2022— 15 (i) who carried out duties requiring 16 contact with patients, members of the pub- 17 lic, or co-workers; or 18 (ii) whose duties include a risk of ex- 19 posure to the coronavirus; and 20 (B) does not include any employee other- 21 wise covered by subparagraph (A) who is tele- 22 working on a full-time basis during all of such 23 period. 24 799 •HR 6800 EH TITLE IV—FEDERAL 1 CONTRACTING PROVISIONS 2 SEC. 70401. MANDATORY TELEWORK. 3 (a) IN GENERAL.—During the emergency period, the 4 Director of the Office of Management and Budget shall 5 direct agencies to allow telework for all contractor per- 6 sonnel to the maximum extent practicable. Additionally, 7 the Director shall direct contracting officers to document 8 any decision to not allow telework during the emergency 9 period in the contract file. 10 (b) EMERGENCY PERIOD DEFINED.—In this section, 11 the term ‘‘emergency period’’ means the period that— 12 (1) begins on the date that is not later than 15 13 days after the date of the enactment of this Act; and 14 (2) ends on the date that the public health 15 emergency declared pursuant to section 319 of the 16 Public Health Service Act (42 U.S.C. 247d) as re- 17 sult of COVID–19, including any renewal thereof, 18 expires. 19 SEC. 70402. GUIDANCE ON THE IMPLEMENTATION OF SEC- 20 TION 3610 OF THE CARES ACT. 21 Not later than 15 days after the date of the enact- 22 ment of this Act, the Director of the Office of Manage- 23 ment and Budget shall issue guidance to ensure uniform 24 implementation across agencies of section 3610 of the 25 800 •HR 6800 EH CARES Act (Public Law 116–136). Any such guidance 1 shall— 2 (1) limit the basic requirements for reimburse- 3 ment to those included in such Act and the effective 4 date for such reimbursement shall be January 31, 5 2020; and 6 (2) clarify that the term ‘‘minimum applicable 7 contract billing rates’’ as used in such section in- 8 cludes the financial impact incurred as a con- 9 sequence of keeping the employees or subcontractors 10 of the contractor in a ready state (such as the base 11 hourly wage rate of an employee, plus indirect costs, 12 fees, and general and administrative expenses). 13 SEC. 70403. PAST PERFORMANCE RATINGS. 14 Section 1126 of title 41, United States Code, is 15 amended by adding at the end the following new sub- 16 section: 17 ‘‘(c) EXCEPTION FOR FAILURE TO DELIVER GOODS 18 OR COMPLETE WORK DUE TO COVID–19.—If the head of 19 an executive agency determines that a contractor failed 20 to deliver goods or complete work as a result of measures 21 taken as a result of COVID–19 under a contract with the 22 agency by the date or within the time period imposed by 23 the contract, any information relating to such failure may 24 not be— 25 801 •HR 6800 EH ‘‘(1) included in any past performance database 1 used by executive agencies for making source selec- 2 tion decisions; or 3 ‘‘(2) evaluated unfavorably as a factor of past 4 contract performance.’’. 5 SEC. 70404. ACCELERATED PAYMENTS. 6 Not later than 10 days after the date of the enact- 7 ment of this Act and ending on the expiration of the public 8 health emergency declared pursuant to section 319 of the 9 Public Health Service Act (42 U.S.C. 247d) as a result 10 of COVID–19, including any renewal thereof, the Director 11 of the Office of Management and Budget shall direct con- 12 tracting officers to establish an accelerated payment date 13 for any prime contract (as defined in section 8701 of title 14 41, United States Code) with payments due 15 days after 15 the receipt of a proper invoice. 16 TITLE V—DISTRICT OF 17 COLUMBIA 18 SEC. 70501. SPECIAL BORROWING BY THE DISTRICT OF CO- 19 LUMBIA. 20 (a) AUTHORIZING BORROWING UNDER MUNICIPAL 21 LIQUIDITY FACILITY OF FEDERAL RESERVE BOARD AND 22 SIMILAR FACILITIES OR PROGRAMS.—The Council of the 23 District of Columbia (hereafter in this section referred to 24 as the ‘‘Council’’) may by act authorize the issuance of 25 802 •HR 6800 EH bonds, notes, and other obligations, in amounts deter- 1 mined by the Chief Financial Officer of the District of 2 Columbia to meet cash-flow needs of the District of Co- 3 lumbia government, for purchase by the Board of Gov- 4 ernors of the Federal Reserve under the Municipal Liquid- 5 ity Facility of the Federal Reserve or any other facility 6 or program of the Federal Reserve or another entity of 7 the Federal government which is established in response 8 to the COVID–19 Pandemic. 9 (b) REQUIRING ISSUANCE TO BE COMPETITIVE 10 WITH OTHER FORMS OF BORROWING.—The Council may 11 authorize the issuance of bonds, notes, or other obligations 12 under subsection (a) only if the issuance of such bonds, 13 notes, and other obligations is competitive with other 14 forms of borrowing in the financial market. 15 (c) TREATMENT AS GENERAL OBLIGATION.—Any 16 bond, note, or other obligation issued under subsection (a) 17 shall, if provided in the act of the Council, be a general 18 obligation of the District. 19 (d) PAYMENTS NOT SUBJECT TO APPROPRIATION.— 20 No appropriation is required to pay— 21 (1) any amount (including the amount of any 22 accrued interest or premium) obligated or expended 23 from or pursuant to subsection (a) for or from the 24 803 •HR 6800 EH sale of any bonds, notes, or other obligation under 1 such subsection; 2 (2) any amount obligated or expended for the 3 payment of principal of, interest on, or any premium 4 for any bonds, notes, or other obligations issued 5 under subsection (a); 6 (3) any amount obligated or expended pursuant 7 to provisions made to secure any bonds, notes, or 8 other obligations issued under subsection (a); or 9 (4) any amount obligated or expended pursuant 10 to commitments, including lines of credit or costs of 11 issuance, made or entered in connection with the 12 issuance of any bonds, notes, or other obligations for 13 operating or capital costs financed under subsection 14 (a). 15 (e) RENEWAL.—Any bond, note, or other obligation 16 issued under subsection (a) may be renewed if authorized 17 by an act of the Council. 18 (f) PAYMENT.—Any bonds, notes, or other obliga- 19 tions issued under subsection (a), including any renewal 20 of such bonds, notes, or other obligations, shall be due 21 and payable on such terms and conditions as are con- 22 sistent with the terms and conditions of the Municipal Li- 23 quidity Facility or other facility or program referred to 24 in subsection (a). 25 804 •HR 6800 EH (g) INCLUSION OF PAYMENTS IN ANNUAL BUDG- 1 ET.—The Council shall provide in each annual budget for 2 the District of Columbia government sufficient funds to 3 pay the principal of and interest on all bonds, notes, or 4 other obligations issued under subsection (a) of this sec- 5 tion becoming due and payable during such fiscal year. 6 (h) OBLIGATION TO PAY.—The Mayor of the District 7 of Columbia shall ensure that the principal of and interest 8 on all bonds, notes, or other obligations issued under sub- 9 section (a) are paid when due, including by paying such 10 principal and interest from funds not otherwise legally 11 committed. 12 (i) SECURITY INTEREST IN DISTRICT REVENUES.— 13 The Council may by act provide for a security interest in 14 any District of Columbia revenues as additional security 15 for the payment of any bond, note, or other obligation 16 issued under subsection (a). 17 TITLE VI—OTHER MATTERS 18 SEC. 70601. ESTIMATES OF AGGREGATE ECONOMIC 19 GROWTH ACROSS INCOME GROUPS. 20 (a) SHORT TITLE.—This section may be cited as the 21 ‘‘Measuring Real Income Growth Act of 2020’’. 22 (b) DEFINITIONS.—In this section: 23 805 •HR 6800 EH (1) BUREAU.—The term ‘‘Bureau’’ means the 1 Bureau of Economic Analysis of the Department of 2 Commerce. 3 (2) GROSS DOMESTIC PRODUCT ANALYSIS.— 4 The term ‘‘gross domestic product analysis’’— 5 (A) means a quarterly or annual analysis 6 conducted by the Bureau with respect to the 7 gross domestic product of the United States; 8 and 9 (B) includes a revision prepared by the 10 Bureau of an analysis described in subpara- 11 graph (A). 12 (3) RECENT ESTIMATE.—The term ‘‘recent es- 13 timate’’ means the most recent estimate described in 14 subsection (c) that is available on the date on which 15 the gross domestic product analysis with which the 16 estimate is to be included is conducted. 17 (c) INCLUSION IN REPORTS.—Beginning in 2020, in 18 each gross domestic product analysis conducted by the Bu- 19 reau, the Bureau shall include a recent estimate of, with 20 respect to specific percentile groups of income, the total 21 amount that was added to the economy of the United 22 States during the period to which the recent estimate per- 23 tains, including in— 24 (1) each of the 10 deciles of income; and 25 806 •HR 6800 EH (2) the highest 1 percent of income. 1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 2 are authorized to be appropriated to the Secretary of Com- 3 merce such sums as are necessary to carry out this sec- 4 tion. 5 SEC. 70602. WAIVER OF MATCHING FUNDS REQUIREMENT 6 FOR THE DRUG FREE COMMUNITIES SUP- 7 PORT PROGRAM. 8 The matching funds requirement under paragraphs 9 (1)(A)(i), (1)(A)(iii), and (3)(D) of section 1032(b) of the 10 Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532(b)) may 11 be modified or waived by the Administrator if a grantee 12 or applicant is unable to meet the requirement as a result 13 of the public health emergency declared pursuant to sec- 14 tion 319 of the Public Health Service Act (42 U.S.C. 15 247d) as a result of COVID–19. 16 SEC. 70603. UNITED STATES POSTAL SERVICE BORROWING 17 AUTHORITY. 18 Subsection (b)(2) of section 6001 of the Coronavirus 19 Aid, Relief, and Economic Security Act (Public Law 116– 20 136) is amended to read as follows: 21 ‘‘(2) the Secretary of the Treasury shall lend up 22 to the amount described in paragraph (1) at the re- 23 quest of the Postal Service subject to the terms and 24 conditions of the note purchase agreement between 25 807 •HR 6800 EH the Postal Service and the Federal Financing Bank 1 in effect on September 29, 2018.’’. 2 DIVISION H—VETERANS AND 3 SERVICEMEMBERS PROVISIONS 4 SEC. 80001. MODIFICATION OF PAY LIMITATION FOR CER- 5 TAIN HIGH-LEVEL EMPLOYEES AND OFFI- 6 CERS OF THE DEPARTMENT OF VETERANS 7 AFFAIRS. 8 (a) MODIFICATION.—Section 7404(d) of title 38, 9 United States Code, is amended by inserting ‘‘and except 10 for individuals appointed under 7401(4) and 7306 of this 11 title,’’ after ‘‘section 7457 of this title,’’. 12 (b) WAIVERS.— 13 (1) IN GENERAL.—The Secretary of Veterans 14 Affairs may waive the limitation described in section 15 7404(d) of such title, as in effect on the day before 16 the date of the enactment of this Act, on the amount 17 of basic pay payable to individuals appointed under 18 section 7401(4) or 7306 of such title for basic pay 19 payable during the period— 20 (A) beginning on November 1, 2010; and 21 (B) ending on the day before the date of 22 the enactment of this Act. 23 (2) FORM.—The Secretary shall prescribe the 24 form for requesting a waiver under paragraph (1). 25 808 •HR 6800 EH (3) TREATMENT OF WAIVER.—A decision not to 1 grant a waiver under paragraph (1) shall not be 2 treated as an adverse action and is not subject to 3 further appeal, third-party review, or judicial review. 4 SEC. 80002. INCREASE OF AMOUNT OF CERTAIN DEPART- 5 MENT OF VETERANS AFFAIRS PAYMENTS 6 DURING EMERGENCY PERIOD RESULTING 7 FROM COVID–19 PANDEMIC. 8 (a) IN GENERAL.—During the covered period, the 9 Secretary of Veterans Affairs shall apply each of the fol- 10 lowing provisions of title 38, United States Code, by sub- 11 stituting for each of the dollar amounts in such provision 12 the amount equal to 125 percent of the dollar amount that 13 was in effect under such provision on the date of the en- 14 actment of this Act: 15 (1) Subsections (l), (m), (r), and (t) of section 16 1114. 17 (2) Paragraph (1)(E) of section 1115. 18 (3) Subsection (c) of section 1311. 19 (4) Subsection (g) of section 1315. 20 (5) Paragraphs (1) and (2) of subsection (d) of 21 section 1521. 22 (6) Paragraphs (2) and (4) of subsection (f) of 23 section 1521. 24 809 •HR 6800 EH (b) TREATMENT OF AMOUNTS.—Any amount payable 1 to an individual under subsection (a) in excess of the 2 amount otherwise in effect shall be in addition to any 3 other benefit or any other amount payable to that indi- 4 vidual under any provision of law referred to in subsection 5 (a) or any other provision of law administered by the Sec- 6 retary of Veterans Affairs. 7 (c) COVERED PERIOD.—In this section, the covered 8 period is the period that begins on the date of the enact- 9 ment of this Act and ends 60 days after the last day of 10 the emergency period (as defined in section 1135(g)(1) of 11 the Social Security Act (42 U.S.C. 1320b-5(g)(1))) result- 12 ing from the COVID–19 pandemic. 13 SEC. 80003. PROHIBITION ON COPAYMENTS AND COST 14 SHARING FOR VETERANS RECEIVING PRE- 15 VENTIVE SERVICES RELATING TO COVID–19. 16 (a) PROHIBITION.—The Secretary of Veterans Af- 17 fairs may not require any copayment or other cost sharing 18 under chapter 17 of title 38, United States Code, for 19 qualifying coronavirus preventive services. The require- 20 ment described in this subsection shall take effect with 21 respect to a qualifying coronavirus preventive service on 22 the specified date. 23 (b) DEFINITIONS.—In this section, the terms ‘‘quali- 24 fying coronavirus preventive service’’ and ‘‘specified date’’ 25 810 •HR 6800 EH have the meaning given those terms in section 3203 of 1 the CARES Act (Public Law 116–136). 2 SEC. 80004. MODIFICATION OF CALCULATION OF AMOUNTS 3 OF PER DIEM GRANTS. 4 Section 2012(a)(2)(B) of title 38, United States 5 Code, is amended— 6 (1) in clause (i), by inserting ‘‘or (iii)’’ after 7 ‘‘clause (ii)’’; and 8 (2) by adding at the end the following new 9 clause: 10 ‘‘(iii) With respect to a homeless veteran who 11 has care of a minor dependent while receiving serv- 12 ices from the grant recipient or eligible entity, the 13 daily cost of care shall be the sum of the daily cost 14 of care determined under subparagraph (A) plus, for 15 each such minor dependent, an amount that equals 16 50 percent of such daily cost of care.’’. 17 SEC. 80005. EMERGENCY TREATMENT FOR VETERANS DUR- 18 ING COVID–19 EMERGENCY PERIOD. 19 (a) EMERGENCY TREATMENT.—Notwithstanding 20 section 1725 or 1728 of title 38, United States Code, or 21 any other provision of law administered by the Secretary 22 of Veterans Affairs pertaining to furnishing emergency 23 treatment to veterans at non-Department facilities, during 24 the period of a covered public health emergency, the Sec- 25 811 •HR 6800 EH retary of Veterans Affairs shall furnish to an eligible vet- 1 eran emergency treatment at a non-Department facility in 2 accordance with this section. 3 (b) AUTHORIZATION NOT REQUIRED.—The Sec- 4 retary may not require an eligible veteran to seek author- 5 ization by the Secretary for emergency treatment fur- 6 nished to the veteran pursuant to subsection (a). 7 (c) PAYMENT RATES.— 8 (1) DETERMINATION.—The rate paid for emer- 9 gency treatment furnished to eligible veterans pursu- 10 ant to subsection (a) shall be equal to the rate paid 11 by the United States to a provider of services (as de- 12 fined in section 1861(u) of the Social Security Act 13 (42 U.S.C. 1395x(u))) or a supplier (as defined in 14 section 1861(d) of such Act (42 U.S.C. 1395x(d))) 15 under the Medicare program under title XI or title 16 XVIII of the Social Security Act (42 U.S.C. 1301 et 17 seq.), including section 1834 of such Act (42 U.S.C. 18 1395m), for the same treatment. 19 (2) FINALITY.—A payment in the amount pay- 20 able under paragraph (1) for emergency treatment 21 furnished to an eligible veteran pursuant to sub- 22 section (a) shall be considered payment in full and 23 shall extinguish the veteran’s liability to the provider 24 of such treatment, unless the provider rejects the 25 812 •HR 6800 EH payment and refunds to the United States such 1 amount by not later than 30 days after receiving the 2 payment. 3 (d) CLAIMS PROCESSED BY THIRD PARTY ADMINIS- 4 TRATORS.— 5 (1) REQUIREMENT.—Not later than 30 days 6 after the date of the enactment of this Act, the Sec- 7 retary shall seek to award a contract to one or more 8 entities, or to modify an existing contract, to process 9 claims for payment for emergency treatment fur- 10 nished to eligible veterans pursuant to subsection 11 (a). 12 (2) PROMPT PAYMENT STANDARD.—Section 13 1703D of title 38, United States Code, shall apply 14 with respect to claims for payment for emergency 15 treatment furnished to eligible veterans pursuant to 16 subsection (a). 17 (e) PRIMARY PAYER.—The Secretary shall be the pri- 18 mary payer with respect to emergency treatment furnished 19 to eligible veterans pursuant to subsection (a), and with 20 respect to the transportation of a veteran by ambulance. 21 In any case in which an eligible veteran is furnished such 22 emergency treatment for a non-service-connected disability 23 described in subsection (a)(2) of section 1729 of title 38, 24 United States Code, the Secretary shall recover or collect 25 813 •HR 6800 EH reasonable charges for such treatment from a health plan 1 contract described in such section 1729 in accordance with 2 such section. 3 (f) APPLICATION.—This section shall apply to emer- 4 gency treatment furnished to eligible veterans during the 5 period of a covered public health emergency, regardless of 6 whether treatment was furnished before the date of the 7 enactment of this Act. 8 (g) DEFINITIONS.—In this section: 9 (1) The term ‘‘covered public health emer- 10 gency’’ means the declaration— 11 (A) of a public health emergency, based on 12 an outbreak of COVID–19 by the Secretary of 13 Health and Human Services under section 319 14 of the Public Health Service Act (42 U.S.C. 15 247d); or 16 (B) of a domestic emergency, based on an 17 outbreak of COVID–19 by the President, the 18 Secretary of Homeland Security, or a State or 19 local authority. 20 (2) The term ‘‘eligible veteran’’ means a vet- 21 eran enrolled in the health care system established 22 under section 1705 of title 38, United States Code. 23 (3) The term ‘‘emergency treatment’’ means 24 medical care or services rendered in a medical emer- 25 814 •HR 6800 EH gency of such nature that a prudent layperson rea- 1 sonably expects that delay in seeking immediate 2 medical attention would be hazardous to life or 3 health. 4 (4) The term ‘‘non-Department facility’’ has 5 the meaning given that term in section 1701 of title 6 38, United States Code. 7 SEC. 80006. FLEXIBILITY FOR THE SECRETARY OF VET- 8 ERANS AFFAIRS IN CARING FOR HOMELESS 9 VETERANS DURING A COVERED PUBLIC 10 HEALTH EMERGENCY. 11 (a) GENERAL SUPPORT.— 12 (1) USE OF FUNDS.—During a covered public 13 health emergency, the Secretary of Veterans Affairs 14 may use amounts appropriated or otherwise made 15 available to the Department of Veterans Affairs to 16 carry out sections 2011, 2012, and 2061 of title 38, 17 United States Code, to provide to homeless veterans 18 the following: 19 (A) Food. 20 (B) Shelter. 21 (C) Basic supplies (such as clothing, blan- 22 kets, and toiletry items). 23 (D) Transportation. 24 815 •HR 6800 EH (E) Communications equipment and re- 1 quired capabilities (such as smartphones, dis- 2 posable phones, and phone service plans). 3 (F) Such other assistance as the Secretary 4 determines appropriate. 5 (2) HOMELESS VETERANS ON LAND OF THE 6 DEPARTMENT.— 7 (A) USE OF REVOLVING FUND.—During a 8 covered public health emergency, the Secretary 9 may use amounts in the revolving fund under 10 section 8109(h) of title 38, United States Code, 11 to alter parking facilities of the Department to 12 facilitate the use of such facilities as temporary 13 shelter locations for homeless veterans. 14 (B) PARTNERSHIPS.—During a covered 15 public health emergency, the Secretary may 16 partner with one or more organizations to man- 17 age land of the Department used by homeless 18 veterans for sleeping. 19 (C) EQUIPMENT.—During a covered public 20 health emergency, the Secretary shall not be re- 21 sponsible for furnishing outdoor equipment nec- 22 essary for sleeping on land of the Department. 23 (b) GRANT AND PER DIEM PROGRAM.— 24 816 •HR 6800 EH (1) MAXIMUM PER DIEM RATE.—Notwith- 1 standing paragraph (2) of section 2012(a) of title 2 38, United States Code, during a covered public 3 health emergency, the maximum rate of per diem 4 authorized under such section is 300 percent of the 5 rate authorized for State homes for domiciliary care 6 under subsection (a)(1)(A) of section 1741 of such 7 title, as the Secretary may increase from time to 8 time under subsection (c) of that section. 9 (2) USE OF PER DIEM PAYMENTS.—During a 10 covered public health emergency, a recipient of a 11 grant or an eligible entity under the grant and per 12 diem program of the Department (in this subsection 13 referred to as the ‘‘program’’) may use per diem 14 payments under sections 2012 and 2061 of title 38, 15 United States Code, to provide food and basic sup- 16 plies for— 17 (A) homeless veterans in the program; and 18 (B) formerly homeless veterans in the com- 19 munity who experienced homelessness during 20 the one-year period ending on the date of the 21 enactment of this Act. 22 (3) ADDITIONAL TRANSITIONAL HOUSING.— 23 (A) IN GENERAL.—During a covered pub- 24 lic health emergency, the Secretary may provide 25 817 •HR 6800 EH amounts for grants and per diem payments 1 under the program for additional transitional 2 housing beds to facilitate access to housing and 3 services provided to homeless veterans. 4 (B) NOTICE; COMPETITION; PERIOD OF 5 PERFORMANCE.—The Secretary may provide 6 amounts under subparagraph (A)— 7 (i) without notice or competition; and 8 (ii) for a period of performance deter- 9 mined by the Secretary. 10 (4) INSPECTIONS AND LIFE SAFETY CODE RE- 11 QUIREMENTS.— 12 (A) IN GENERAL.—During a covered pub- 13 lic health emergency, the Secretary may waive 14 any requirement under subsection (b) or (c) of 15 section 2012 of title 38, United States Code, in 16 order to allow the recipient of a grant or an eli- 17 gible entity under the program— 18 (i) to quickly identify temporary alter- 19 nate sites of care for homeless veterans 20 that are suitable for habitation; 21 (ii) to facilitate social distancing or 22 isolation needs; or 23 818 •HR 6800 EH (iii) to facilitate activation or continu- 1 ation of a program for which a grant has 2 been awarded. 3 (B) LIMITATION.—The Secretary may 4 waive a requirement pursuant to the authority 5 provided by subparagraph (A) with respect to a 6 facility of a recipient of a grant or an eligible 7 entity under the program only if the facility 8 meets applicable local safety requirements, in- 9 cluding fire safety requirements. 10 (c) HEALTH CARE FOR HOMELESS VETERANS.— 11 (1) COMMUNITY-BASED TREATMENT FACILI- 12 TIES.—During a covered public health emergency, 13 the Secretary may use amounts as authorized under 14 subsection (a)(1) notwithstanding any requirement 15 under subsection (a)(2) of section 2031 of title 38, 16 United States Code, that community-based treat- 17 ment facilities provide care, treatment, and rehabili- 18 tative services to veterans described in such section. 19 (2) REPORT TO CONGRESS ON REDUCTION OF 20 CARE, TREATMENT, AND REHABILITATIVE SERV- 21 ICES.—During a covered public health emergency, if 22 the Secretary reduces the care, treatment, and reha- 23 bilitative services provided to homeless veterans 24 under section 2031(a)(2) of title 38, United States 25 819 •HR 6800 EH Code, the Secretary shall submit to Congress month- 1 ly reports on the reduction of such care, treatment, 2 and services for the duration of the covered public 3 health emergency. 4 (3) INSPECTION AND LIFE SAFETY CODE RE- 5 QUIREMENTS.— 6 (A) IN GENERAL.—During a covered pub- 7 lic health emergency, the Secretary may waive 8 any inspection or life safety code requirement 9 under subsection (c) of section 2032 of title 38, 10 United States Code— 11 (i) to allow quick identification of 12 temporary alternate sites of care for home- 13 less veterans that are suitable for habi- 14 tation; 15 (ii) to facilitate social distancing or 16 isolation needs; or 17 (iii) to facilitate the operation of hous- 18 ing under such section. 19 (B) LIMITATION.—The Secretary may 20 waive a requirement pursuant to the authority 21 provided by subparagraph (A) with respect to a 22 residence or facility referred to in such section 23 2032 only if the residence or facility, as the 24 820 •HR 6800 EH case may be, meets applicable local safety re- 1 quirements, including fire safety requirements. 2 (d) ACCESS OF HOMELESS VETERANS TO DEPART- 3 MENT OF VETERANS AFFAIRS TELEHEALTH SERVICES.— 4 During a covered public health emergency, the Secretary 5 may make available telehealth capabilities to homeless vet- 6 erans who— 7 (1) are receiving services provided under chap- 8 ter 20 of title 38, United States Code; or 9 (2) are participating in a program under such 10 chapter. 11 (e) DEFINITIONS.—In this section: 12 (1) COVERED PUBLIC HEALTH EMERGENCY.— 13 The term ‘‘covered public health emergency’’ means 14 an emergency with respect to COVID–19 declared 15 by a Federal, State, or local authority. 16 (2) HOMELESS VETERAN; VETERAN.—The 17 terms ‘‘homeless veteran’’ and ‘‘veteran’’ have the 18 meanings given those terms in section 2002 of title 19 38, United States Code. 20 (3) PARKING FACILITY.—The term ‘‘parking fa- 21 cility’’ has the meaning given that term in section 22 8109(a) of such title. 23 (4) TELEHEALTH.— 24 821 •HR 6800 EH (A) IN GENERAL.—The term ‘‘telehealth’’ 1 means the use of electronic information and 2 telecommunications technologies to support and 3 promote long-distance clinical health care, pa- 4 tient and professional health-related education, 5 public health, and health administration. 6 (B) TECHNOLOGIES.—For purposes of 7 subparagraph (A), ‘‘telecommunications tech- 8 nologies’’ include video conferencing, the inter- 9 net, streaming media, and terrestrial and wire- 10 less communications. 11 SEC. 80007. HUD–VASH PROGRAM. 12 The Secretary of Housing and Urban Development 13 shall take such actions with respect to the supported hous- 14 ing program carried out under section 8(o)(19) of the 15 United States Housing Act of 1937 (42 U.S.C. 16 1437f(o)(19)) in conjunction with the Department of Vet- 17 erans Affairs (commonly referred to as ‘‘HUD–VASH’’), 18 and shall require public housing agencies administering 19 assistance under such program to take such actions, as 20 may be appropriate to facilitate the issuance and utiliza- 21 tion of vouchers for rental assistance under such program 22 during the period of the covered public health emergency 23 (as such term is defined in section 1 of this Act), including 24 the following actions: 25 822 •HR 6800 EH (1) Establishing mechanisms and procedures 1 providing for referral and application documents 2 used under such program to be received by fax, elec- 3 tronic mail, drop box, or other means not requiring 4 in-person contact. 5 (2) Establishing mechanisms and procedures 6 for processing applications for participation in such 7 program that do not require identification or 8 verification of identity by social security number or 9 photo ID in cases in which closure of governmental 10 offices prevents confirmation or verification of iden- 11 tity by such means. 12 (3) Providing for waiver of requirements to con- 13 duct housing quality standard inspections with re- 14 spect to dwelling units for which rental assistance is 15 provided under such program. 16 SEC. 80008. EXTENSION OF LEASE PROTECTIONS FOR 17 SERVICEMEMBERS UNDER STOP MOVEMENT 18 ORDERS IN RESPONSE TO LOCAL, NATIONAL, 19 OR GLOBAL EMERGENCY. 20 (a) TERMINATION.—Subsection (a)(1) of section 305 21 of the Servicemembers Civil Relief Act (50 U.S.C. 3955) 22 is amended— 23 (1) in subparagraph (A), by striking ‘‘; or’’ and 24 inserting a semicolon; 25 823 •HR 6800 EH (2) in subparagraph (B), by striking the period 1 at the end and inserting ‘‘; or’’; and 2 (3) by adding at the end the following new sub- 3 paragraph: 4 ‘‘(C) the date of the lessee’s stop move- 5 ment order described in paragraph (1)(C) or 6 (2)(C) of subsection (b), as the case may be.’’. 7 (b) COVERED LEASES.— 8 (1) LEASES OF PREMISES.—Paragraph (1) of 9 subsection (b) of such section is amended— 10 (A) in subparagraph (A), by striking ‘‘; 11 or’’ and inserting a semicolon; 12 (B) in subparagraph (B), by striking the 13 period at the end and inserting ‘‘; or’’; and 14 (C) by adding at the end the following new 15 subparagraph: 16 ‘‘(C) the servicemember, while in military 17 service— 18 ‘‘(i) executes a lease upon receipt of 19 military orders for a permanent change of 20 station or to deploy with a military unit, or 21 as an individual in support of a military 22 operation, for a period of not less than 90 23 days; and 24 824 •HR 6800 EH ‘‘(ii) thereafter receives a stop move- 1 ment order issued by the Secretary of De- 2 fense in response to a local, national, or 3 global emergency, effective for an indefi- 4 nite period or for a period of not less than 5 30 days, which prevents the servicemember 6 or servicemember’s dependents from occu- 7 pying the lease for a residential, profes- 8 sional, business, agricultural, or similar 9 purpose.’’. 10 (2) LEASES OF MOTOR VEHICLES.—Paragraph 11 (2) of such subsection is amended— 12 (A) in subparagraph (A), by striking ‘‘; 13 or’’ and inserting a semicolon; 14 (B) in subparagraph (B)(ii), by striking 15 the period at the end and inserting ‘‘; or’’; and 16 (C) by adding at the end the following new 17 subparagraph: 18 ‘‘(C) the servicemember, while in military 19 service— 20 ‘‘(i) executes a lease upon receipt of 21 military orders described in subparagraph 22 (B); and 23 ‘‘(ii) thereafter receives a stop move- 24 ment order issued by the Secretary of De- 25 Full text truncated for size; the complete document is in the PDF above.
File and source
- File
- BILLS-116hr6800eh.pdf
- Size
- 2,903,209 bytes
- SHA-256
- d04043d1700c292f9b0b1c5bcb882e51d79d380fa9583b5c1b1e3fc88af936ce
- Our copy
- BILLS-116hr6800eh.pdf
- Original
- www.govinfo.gov