Bill text (placed on calendar Senate) — H.R. 6800, HEROES Act

Record facts

Full text

II 
Calendar No. 455 
116TH CONGRESS 
2D SESSION 
H. R. 6800 
IN THE SENATE OF THE UNITED STATES 
MAY 20, 2020 
Received 
MAY 21, 2020 
Read the first time 
JUNE 1, 2020 
Read the second time and placed on the calendar 
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
SEC. 2. TABLE OF CONTENTS. 
5
The table of contents for this Act is as follows: 
6
DIVISION A—CORONAVIRUS RECOVERY SUPPLEMENTAL 
APPROPRIATIONS ACT, 2020 
Title I—Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies 
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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 
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 
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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 
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 
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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
DIVISION 
A—CORONAVIRUS 
RECOVERY 
6
SUPPLEMENTAL 
APPROPRIATIONS 
7
ACT, 2020 
8
The following sums are hereby appropriated, out of 
9
any money in the Treasury not otherwise appropriated, 
10
for the fiscal year ending September 30, 2020, and for 
11
other purposes, namely: 
12
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TITLE 
I—AGRICULTURE, 
RURAL 
DEVELOP-
1
MENT, FOOD AND DRUG ADMINISTRATION, 
2
AND RELATED AGENCIES 
3
DEPARTMENT OF AGRICULTURE 
4
AGRICULTURAL PROGRAMS 
5
OFFICE OF INSPECTOR GENERAL 
6
For an additional amount for ‘‘Office of Inspector 
7
General’’, $2,500,000, to remain available until September 
8
30, 2021, to prevent, prepare for, and respond to 
9
coronavirus, domestically or internationally: Provided, 
10
That the funding made available under this heading in 
11
this Act shall be used for conducting audits and investiga-
12
tions of projects and activities carried out with funds made 
13
available to the Department of Agriculture to prevent, pre-
14
pare for, and respond to coronavirus, domestically or 
15
internationally: Provided further, That such amount is des-
16
ignated by the Congress as being for an emergency re-
17
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
18
anced Budget and Emergency Deficit Control Act of 1985. 
19
RURAL DEVELOPMENT PROGRAMS 
20
RURAL HOUSING SERVICE 
21
RENTAL ASSISTANCE PROGRAM 
22
For an additional amount for ‘‘Rental Assistance 
23
Program’’, $309,000,000, to remain available until Sep-
24
tember 30, 2021, to prevent, prepare for, and respond to 
25
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coronavirus, for temporary adjustment of wage income 
1
losses for residents of housing financed or assisted under 
2
section 514, 515, or 516 of the Housing Act of 1949, with-
3
out regard to any existing eligibility requirements based 
4
on income: Provided, That such amount is designated by 
5
the Congress as being for an emergency requirement pur-
6
suant to section 251(b)(2)(A)(i) of the Balanced Budget 
7
and Emergency Deficit Control Act of 1985. 
8
DOMESTIC FOOD PROGRAMS 
9
FOOD AND NUTRITION SERVICE 
10
CHILD NUTRITION PROGRAMS 
11
For an additional amount for ‘‘Child Nutrition Pro-
12
grams’’, $3,000,000,000 to remain available until Sep-
13
tember 30, 2021, to prevent, prepare for, and respond to 
14
coronavirus, domestically or internationally: Provided, 
15
That the amount provided under this heading is for the 
16
purposes of carrying out section 180002 of the ‘‘Child Nu-
17
trition and Related Programs Recovery Act’’: 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
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SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 
1
WOMEN, INFANTS, AND CHILDREN (WIC) 
2
For an additional amount for the ‘‘Special Supple-
3
mental Nutrition Program for Women, Infants, and Chil-
4
dren’’, $1,100,000,000, to remain available until Sep-
5
tember 30, 2022: Provided, That such amount is des-
6
ignated by the Congress as being for an emergency re-
7
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
8
anced Budget and Emergency Deficit Control Act of 1985. 
9
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM 
10
For an additional amount for ‘‘Supplemental Nutri-
11
tion Assistance Program’’, $10,000,000,000, to remain 
12
available until September 30, 2021, to prevent, prepare 
13
for, and respond to coronavirus: Provided, That such 
14
amount is designated by the Congress as being for an 
15
emergency 
requirement 
pursuant 
to 
section 
16
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
17
Deficit Control Act of 1985. 
18
COMMODITY ASSISTANCE PROGRAM 
19
For an additional amount for ‘‘Commodity Assistance 
20
Program’’, $150,000,000, to remain available through 
21
September 30, 2021, for the emergency food assistance 
22
program as authorized by section 27(a) of the Food and 
23
Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 
24
204(a)(1) of the Emergency Food Assistance Act of 1983 
25
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(7 U.S.C. 7508(a)(1)): Provided, That such amount is 
1
designated by the Congress as being for an emergency re-
2
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
3
anced Budget and Emergency Deficit Control Act of 1985. 
4
GENERAL PROVISIONS—THIS TITLE 
5
SEC. 10101. For an additional amount for the Com-
6
monwealth of the Northern Mariana Islands, $1,822,000, 
7
to remain available until September 30, 2021, for nutri-
8
tion assistance to prevent, prepare for, and respond to 
9
coronavirus: Provided, That such amount is designated by 
10
the Congress as being for an emergency requirement pur-
11
suant to section 251(b)(2)(A)(i) of the Balanced Budget 
12
and Emergency Deficit Control Act of 1985. 
13
SEC. 10102. Under the heading ‘‘Commodity Assist-
14
ance Program’’ in the Coronavirus Aid, Relief, and Eco-
15
nomic Security Act (Public Law 116–136), strike ‘‘to pre-
16
vent, prepare for, and respond to coronavirus, domestically 
17
or 
internationally,’’: 
Provided, 
That 
the 
amounts 
18
repurposed pursuant to the amendment made by this sec-
19
tion that were previously designated by the Congress as 
20
an emergency requirement pursuant to the Balanced 
21
Budget and Emergency Deficit Control Act of 1985 are 
22
designated by the Congress as an emergency requirement 
23
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
24
et and Emergency Deficit Control Act of 1985. 
25
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SEC. 10103. For an additional amount for the pro-
1
gram established under section 7522 of the Food, Con-
2
servation, and Energy Act of 2008 (7 U.S.C. 5936), to 
3
prevent, prepare for, and respond to coronavirus, 
4
$20,000,000, to remain available until September 30, 
5
2021: Provided, That such amount is designated by the 
6
Congress as being for an emergency requirement pursuant 
7
to section 251(b)(2)(A)(i) of the Balanced Budget and 
8
Emergency Deficit Control Act of 1985. 
9
SEC. 10104. Section 11004 of the Coronavirus Aid, 
10
Relief, and Economic Security Act (Public Law 116–136) 
11
is amended by inserting after the 4th proviso the fol-
12
lowing: ‘‘Provided further, That the condition set forth in 
13
section 9003(f) of the Farm Security and Rural Invest-
14
ment Act of 2002 shall apply with respect to all construc-
15
tion, alteration, or repair work carried out, in whole or 
16
in part, with funds made available by this section:’’: Pro-
17
vided, That amounts repurposed pursuant to the amend-
18
ments made pursuant to this section are designated by 
19
the Congress as being for an emergency requirement pur-
20
suant to section 251(b)(2)(A)(i) of the Balanced Budget 
21
and Emergency Deficit Control Act of 1985. 
22
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TITLE II—COMMERCE, JUSTICE, SCIENCE, AND 
1
RELATED AGENCIES 
2
DEPARTMENT OF COMMERCE 
3
BUREAU OF THE CENSUS 
4
CURRENT SURVEYS AND PROGRAMS 
5
(INCLUDING TRANSFER OF FUNDS) 
6
For an additional amount for ‘‘Current Surveys and 
7
Programs’’, $10,000,000: Provided, That such sums may 
8
be transferred to the Bureau of the Census Working Cap-
9
ital Fund for necessary expenses incurred as a result of 
10
the coronavirus, including for payment of salaries and 
11
leave to Bureau of the Census staff resulting from the sus-
12
pension of data collection for reimbursable surveys con-
13
ducted for other Federal agencies: Provided further, That 
14
such amount is designated by the Congress as being for 
15
an 
emergency 
requirement 
pursuant 
to 
section 
16
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
17
Deficit Control Act of 1985. 
18
PERIODIC CENSUSES AND PROGRAMS 
19
For an additional amount for ‘‘Periodic Censuses and 
20
Programs’’, $400,000,000, to remain available until Sep-
21
tember 30, 2022, to prevent, prepare for, and respond to 
22
coronavirus: Provided, That such amount is designated by 
23
the Congress as being for an emergency requirement pur-
24
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suant to section 251(b)(2)(A)(i) of the Balanced Budget 
1
and Emergency Deficit Control Act of 1985. 
2
NATIONAL OCEANIC AND ATMOSPHERIC 
3
ADMINISTRATION 
4
ASSISTANCE TO FISHERY PARTICIPANTS 
5
Pursuant to section 12005 of the Coronavirus Aid, 
6
Relief, and Economic Security Act of 2020 (Public Law 
7
116–136), for an additional amount for ‘‘Assistance to 
8
Fishery Participants’’, $100,000,000, to remain available 
9
until September 30, 2021, for necessary expenses to pro-
10
vide assistance to Tribal, subsistence, commercial, and 
11
charter fishery participants affected by the novel 
12
coronavirus (COVID–19), which may include direct relief 
13
payments: Provided, That such amount is designated by 
14
the Congress as being for an emergency requirement pur-
15
suant to section 251(b)(2)(A)(i) of the Balanced Budget 
16
and Emergency Deficit Control Act of 1985. 
17
DEPARTMENTAL MANAGEMENT 
18
OFFICE OF INSPECTOR GENERAL 
19
For an additional amount for ‘‘Office of Inspector 
20
General’’, $1,000,000, to remain available until expended 
21
to prevent, prepare for, and respond to coronavirus, in-
22
cluding the impact of coronavirus on the work of the De-
23
partment of Commerce and to carry out investigations and 
24
audits related to the funding made available for the De-
25
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partment of Commerce in this Act and in title II of divi-
1
sion B of Public Law 116–136: Provided, That such 
2
amount is designated by the Congress as being for an 
3
emergency 
requirement 
pursuant 
to 
section 
4
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
5
Deficit Control Act of 1985. 
6
ADMINISTRATIVE PROVISION—DEPARTMENT OF 
7
COMMERCE 
8
SEC. 10201. Notwithstanding any other provision of 
9
law, the Federal share for grants provided by the Eco-
10
nomic Development Administration under Public Law 
11
116–93, Public Law 116–20, and Public Law 116–136 
12
shall be 100 percent: Provided, That the amounts 
13
repurposed in this section that were previously designated 
14
by the Congress as an emergency requirement pursuant 
15
to the Balanced Budget and Emergency Deficit Control 
16
Act of 1985 are designated by the Congress as an emer-
17
gency requirement pursuant to section 251(b)(2)(A)(i) of 
18
the Balanced Budget and Emergency Deficit Control Act 
19
of 1985. 
20
DEPARTMENT OF JUSTICE 
21
FEDERAL PRISON SYSTEM 
22
SALARIES AND EXPENSES 
23
For an additional amount for ‘‘Salaries and Ex-
24
penses’’, $200,000,000, to remain available until Sep-
25
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tember 30, 2021, to prevent, prepare for, and respond to 
1
coronavirus, including the impact of coronavirus on the 
2
work of the Department of Justice, to include funding for 
3
medical testing and services, personal protective equip-
4
ment, hygiene supplies and services, and sanitation serv-
5
ices: Provided, That such amount is designated by the 
6
Congress as being for an emergency requirement pursuant 
7
to section 251(b)(2)(A)(i) of the Balanced Budget and 
8
Emergency Deficit Control Act of 1985. 
9
OFFICE OF INSPECTOR GENERAL 
10
For an additional amount for ‘‘Office of Inspector 
11
General’’, $3,000,000, to remain available until expended 
12
to prevent, prepare for, and respond to coronavirus, in-
13
cluding the impact of coronavirus on the work of the De-
14
partment of Justice and to carry out investigations and 
15
audits related to the funding made available for the De-
16
partment of Justice in this Act: Provided, That such 
17
amount is designated by the Congress as being for an 
18
emergency 
requirement 
pursuant 
to 
section 
19
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
20
Deficit Control Act of 1985. 
21
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STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES 
1
OFFICE ON VIOLENCE AGAINST WOMEN 
2
VIOLENCE AGAINST WOMEN PREVENTION AND 
3
PROSECUTION PROGRAMS 
4
For an additional amount for ‘‘Violence Against 
5
Women 
Prevention 
and 
Prosecution 
Programs’’, 
6
$100,000,000, to remain available until expended, of 
7
which— 
8
(1) $30,000,000 is for grants to combat vio-
9
lence against women, as authorized by part T of the 
10
Omnibus Crime Control and Safe Streets Acts of 
11
1968; 
12
(2) $15,000,000 is for transitional housing as-
13
sistance grants for victims of domestic violence, dat-
14
ing violence, stalking, or sexual assault, as author-
15
ized by section 40299 of the Violent Crime Control 
16
and Law Enforcement Act of 1994 (Public Law 
17
103–322; ‘‘1994 Act’’); 
18
(3) $15,000,000 is for sexual assault victims 
19
assistance, as authorized by section 41601 of the 
20
1994 Act; 
21
(4) $10,000,000 is for rural domestic violence 
22
and child abuse enforcement assistance grants, as 
23
authorized by section 40295 of the 1994 Act; 
24
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(5) $10,000,000 is for legal assistance for vic-
1
tims, as authorized by section 1201 of the Victims 
2
of Trafficking and Violence Protection Act of 2000 
3
(Public Law 106–386; ‘‘2000 Act’’); 
4
(6) $4,000,000 is for grants to assist tribal gov-
5
ernments in exercising special domestic violence 
6
criminal jurisdiction, as authorized by section 904 of 
7
the Violence Against Women Reauthorization Act of 
8
2013; and 
9
(7) $16,000,000 is for grants to support fami-
10
lies in the justice system, as authorized by section 
11
1301 of the 2000 Act: 
12
Provided, That a recipient of such funds shall not be sub-
13
ject, as a condition for receiving the funds, to any other-
14
wise-applicable requirement to provide or obtain other 
15
Federal or non-Federal funds: Provided further, That such 
16
amount is designated by the Congress as being for an 
17
emergency 
requirement 
pursuant 
to 
section 
18
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
19
Deficit Control Act of 1985. 
20
OFFICE OF JUSTICE PROGRAMS 
21
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 
22
For an additional amount for ‘‘State and Local Law 
23
Enforcement Assistance’’, $300,000,000, to remain avail-
24
able until expended, for the same purposes and subject 
25
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to the same conditions as the appropriations for fiscal year 
1
2020 under this heading in title II of division B of Public 
2
Law 116–136, including for the purchase of personal pro-
3
tective equipment, and for costs related to preventing and 
4
controlling coronavirus at correctional institutions: Pro-
5
vided, That, notwithstanding section 502(a)(1) of the Om-
6
nibus Crime Control and Safe Streets Act of 1968 (34 
7
U.S.C. 10153), funds provided under this heading in both 
8
this Act and title II of division B of Public Law 116– 
9
136 may be used to supplant State or local funds: Pro-
10
vided further, That a recipient of funds made available 
11
under this heading in both this Act and title II of division 
12
B of Public Law 116–136 shall not be subject, as a condi-
13
tion for receiving the funds, to any otherwise-applicable 
14
requirement to provide or obtain other Federal or non- 
15
Federal funds: Provided further, That such amount is des-
16
ignated by the Congress as being for an emergency re-
17
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
18
anced Budget and Emergency Deficit Control Act of 1985. 
19
For an additional amount for ‘‘State and Local Law 
20
Enforcement Assistance’’, $250,000,000, to remain avail-
21
able until expended, for offender reentry programs and re-
22
search, as authorized by the Second Chance Act of 2007 
23
(Public Law 110–199) and by the Second Chance Reau-
24
thorization Act of 2018 (Public Law 115–391), without 
25
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regard to the time limitations specified at section 6(1) of 
1
such Act, to prevent, prepare for, and respond to 
2
coronavirus: Provided, That, notwithstanding any other 
3
provision of law, funds provided under this heading may 
4
be used to supplant State or local funds: Provided further, 
5
That a recipient of funds made available under this head-
6
ing in this Act shall not be subject, as a condition for re-
7
ceiving the funds, to any otherwise-applicable requirement 
8
to provide or obtain other Federal or non-Federal funds: 
9
Provided further, That such amount is designated by the 
10
Congress as being for an emergency requirement pursuant 
11
to section 251(b)(2)(A)(i) of the Balanced Budget and 
12
Emergency Deficit Control Act of 1985. 
13
For an additional amount for ‘‘State and Local Law 
14
Enforcement Assistance’’, $600,000,000, to remain avail-
15
able until expended, for grants, contracts, cooperative 
16
agreements, and other assistance as authorized by the 
17
Pandemic Justice Response Act (‘‘the Act’’): Provided, 
18
That $500,000,000 is to establish and implement policies 
19
and procedures to prevent, detect, and stop the presence 
20
and spread of COVID–19 among arrestees, detainees, in-
21
mates, correctional facility staff, and visitors to the facili-
22
ties; and for pretrial citation and release grants, as au-
23
thorized by the Act: Provided further, That $25,000,000 
24
is for Rapid COVID–19 Testing, as authorized by the Act: 
25
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HR 6800 PCS
Provided further, That $75,000,000 is for grants for Juve-
1
nile Specific Services, as authorized by the Act: Provided 
2
further, That, notwithstanding any other provision of law, 
3
funds provided under this heading may be used to sup-
4
plant State or local funds: Provided further, That a recipi-
5
ent of funds made available under this heading in this Act 
6
shall not be subject, as a condition for receiving the funds, 
7
to any otherwise-applicable requirement to provide or ob-
8
tain other Federal or non-Federal funds: 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
COMMUNITY ORIENTED POLICING SERVICES 
14
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS 
15
For an additional amount for ‘‘Community Oriented 
16
Policing Services’’, $300,000,000, to remain available 
17
until expended, for grants under section 1701 of title I 
18
of the 1968 Omnibus Crime Control and Safe Streets Act 
19
(34 U.S.C. 10381) for hiring and rehiring of additional 
20
career law enforcement officers under part Q of such title, 
21
notwithstanding subsection (i) of such section, and includ-
22
ing for the purchase of personal protective equipment: 
23
Provided, That, notwithstanding section 1704 of the Om-
24
nibus Crime Control and Safe Streets Act of 1968 (34 
25
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U.S.C. 10384), funds provided under this heading may be 
1
used to supplant State or local funds and may be used 
2
to retain career law enforcement officers: Provided further, 
3
That a recipient of funds made available under this head-
4
ing in this Act shall not be subject, as a condition for re-
5
ceiving the funds, to any otherwise-applicable requirement 
6
to provide or obtain other Federal or non-Federal funds: 
7
Provided further, That such amount is designated by the 
8
Congress as being for an emergency requirement pursuant 
9
to section 251(b)(2)(A)(i) of the Balanced Budget and 
10
Emergency Deficit Control Act of 1985. 
11
SCIENCE 
12
NATIONAL SCIENCE FOUNDATION 
13
RESEARCH AND RELATED ACTIVITIES 
14
(INCLUDING TRANSFER OF FUNDS) 
15
For an additional amount for ‘‘Research and Related 
16
Activities’’, $125,000,000, to remain available until Sep-
17
tember 30, 2022, to prevent, prepare for, and respond to 
18
coronavirus, including to fund research grants, of which 
19
$1,000,000 shall be for a study on the spread of COVID– 
20
19 related disinformation: Provided further, That, of the 
21
amount appropriated under this heading in this Act, up 
22
to 2 percent of funds may be transferred to the ‘‘Agency 
23
Operations and Award Management’’ account for manage-
24
ment, administration, and oversight of funds provided 
25
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20 
HR 6800 PCS
under this heading in this Act: Provided further, That such 
1
amount is designated by the Congress as being for an 
2
emergency 
requirement 
pursuant 
to 
section 
3
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
4
Deficit Control Act of 1985. 
5
ADMINISTRATIVE PROVISION—SCIENCE 
6
STUDY ON COVID–19 DISINFORMATION 
7
SEC. 10202. (a) STUDY.—No later than 30 days 
8
after the date of enactment of this Act, the Director of 
9
the National Science Foundation shall enter into an ar-
10
rangement with the National Academies of Science, Engi-
11
neering, and Medicine (National Academies) to conduct a 
12
study on the current understanding of the spread of 
13
COVID–19-related disinformation on the internet and so-
14
cial media platforms. The study shall address the fol-
15
lowing: 
16
(1) the role disinformation and misinformation 
17
has played in the public response to COVID–19; 
18
(2) 
the 
sources 
of 
COVID–19-related 
19
disinformation—both foreign and domestic—and the 
20
mechanisms by which that disinformation influences 
21
the public debate; 
22
(3) the role social media plays in the dissemina-
23
tion and promotion of COVID–19 disinformation 
24
and misinformation content and the role social 
25
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HR 6800 PCS
media platforms play in the organization of groups 
1
seeking to spread COVID–19 disinformation; 
2
(4) the potential financial returns for creators 
3
or distributors of COVID–19 disinformation, and 
4
the role such financial incentives play in the propa-
5
gation of COVID–19 disinformation; 
6
(5) potential strategies to mitigate the dissemi-
7
nation 
and 
negative 
impacts 
of 
COVID–19 
8
disinformation, including specifically, the dissemina-
9
tion of disinformation on social media, including 
10
through improved disclosures; and 
11
(6) an analysis of the limitations of these miti-
12
gation strategies, and an analysis of how these strat-
13
egies can be implemented without infringing on 
14
Americans’ Constitutional rights and civil liberties. 
15
(b) REPORT.—In entering into an arrangement under 
16
this section, the Director shall request that the National 
17
Academies transmit to Congress a report on the results 
18
of the study not later than 12 months after the date of 
19
enactment of this Act. 
20
(c) AUTHORIZATION.—There is authorized to be ap-
21
propriated for the purposes of conducting the study in this 
22
section $1,000,000. 
23
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RELATED AGENCIES 
1
LEGAL SERVICES CORPORATION 
2
PAYMENT TO THE LEGAL SERVICES CORPORATION 
3
For an additional amount for ‘‘Payment to the Legal 
4
Services Corporation’’, $50,000,000, for the same pur-
5
poses and subject to the same conditions as the appropria-
6
tions for fiscal year 2020 under this heading in title II 
7
of division B of Public Law 116–136: Provided, That such 
8
amount is designated by the Congress as being for an 
9
emergency 
requirement 
pursuant 
to 
section 
10
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
11
Deficit Control Act of 1985. 
12
TITLE III—FINANCIAL SERVICES AND GENERAL 
13
GOVERNMENT 
14
DEPARTMENT OF THE TREASURY 
15
DEPARTMENTAL OFFICES 
16
OFFICE OF INSPECTOR GENERAL 
17
SALARIES AND EXPENSES 
18
For an additional amount for ‘‘Salaries and Ex-
19
penses’’, $35,000,000, to remain available until expended, 
20
to conduct monitoring and oversight of the receipt, dis-
21
bursement, and use of funds made available under the 
22
‘‘Coronavirus State Fiscal Relief Fund’’ and the 
23
‘‘Coronavirus Local Fiscal Relief Fund’’ (collectively, 
24
‘‘Fiscal Relief Funds’’): Provided, That, if the Inspector 
25
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HR 6800 PCS
General of the Department of the Treasury determines 
1
that an entity receiving a payment from amounts provided 
2
by the Fiscal Relief Funds has failed to comply with the 
3
provisions governing the use of such funding, the Inspec-
4
tor General shall transmit any relevant information re-
5
lated to such determination to the Committees on Appro-
6
priations of the House of Representatives and the Senate 
7
not later than 5 days after any such determination is 
8
made: Provided further, That such amount is designated 
9
by the Congress as being for an emergency requirement 
10
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
11
et and Emergency Deficit Control Act of 1985. 
12
TREASURY INSPECTOR GENERAL FOR TAX 
13
ADMINISTRATION 
14
SALARIES AND EXPENSES 
15
For an additional amount for ‘‘Salaries and Ex-
16
penses’’, $2,500,000, to remain available until expended, 
17
to prevent, prepare for, and respond to coronavirus, do-
18
mestically or internationally: Provided, That such amount 
19
is designated by the Congress as being for an emergency 
20
requirement pursuant to section 251(b)(2)(A)(i) of the 
21
Balanced Budget and Emergency Deficit Control Act of 
22
1985. 
23
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HR 6800 PCS
HOMEOWNER ASSISTANCE FUND 
1
For activities and assistance authorized in section 
2
110202 
of 
the 
‘‘COVID–19 
HERO 
Act’’ 
, 
3
$75,000,000,000, to remain available until expended: Pro-
4
vided, 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
BUREAU OF THE FISCAL SERVICE 
9
SALARIES AND EXPENSES 
10
For an additional amount for ‘‘Salaries and Ex-
11
penses’’, $78,650,000, to remain available until September 
12
30, 2021, to prevent, prepare for, and respond to 
13
coronavirus, domestically or internationally: Provided, 
14
That such amount is designated by the Congress as being 
15
for an emergency requirement pursuant to section 
16
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
17
Deficit Control Act of 1985. 
18
CORONAVIRUS STATE FISCAL RELIEF FUND 
19
For making payments to States, territories, and Trib-
20
al governments to mitigate the fiscal effects stemming 
21
from the public health emergency with respect to the 
22
Coronavirus Disease (COVID–19), $540,000,000,000 to 
23
remain available until expended, which shall be in addition 
24
to any other amounts available for making payments to 
25
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HR 6800 PCS
States, territories, and Tribal governments for any pur-
1
pose (including payments made under section 601 of the 
2
Social Security Act), of which: 
3
(1) $20,000,000,000 shall be for making 
4
payments to the Commonwealth of Puerto Rico, 
5
United States Virgin Islands, Guam, Common-
6
wealth of the Northern Mariana Islands, and 
7
American Samoa: Provided, That of the amount 
8
made available in this paragraph, half shall be 
9
allocated equally among each entity specified in 
10
this paragraph, and half shall be allocated as 
11
an additional amount to each such entity in an 
12
amount which bears the same proportion to half 
13
of the total amount provided under this para-
14
graph as the relative population of each such 
15
entity bears to the total population of all such 
16
entities; 
17
(2) $20,000,000,000 shall be for making 
18
payments to Tribal governments: Provided, 
19
That payments of amounts made available in 
20
this paragraph shall be made to each Tribal 
21
Government in an amount determined by the 
22
Secretary of the Treasury, in consultation with 
23
the Secretary of the Interior and Indian Tribes, 
24
that is based on increased aggregate expendi-
25
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26 
HR 6800 PCS
tures of each such Tribal government (or a trib-
1
ally-owned entity of such Tribal government) in 
2
fiscal year 2020 relative to aggregate expendi-
3
tures in fiscal year 2019 by the Tribal govern-
4
ment (or tribally-owned entity) and determined 
5
in such manner as the Secretary determines ap-
6
propriate to ensure that all amounts available 
7
pursuant to the preceding proviso for fiscal year 
8
2020 are distributed to Tribal governments: 
9
(3) $250,000,000,000 shall be for making 
10
initial payments to each of the 50 States and 
11
the District of Columbia, of which— 
12
(A) $51,000,000,000 shall be al-
13
located equally between each of the 50 
14
States and the District of Columbia; 
15
(B) $150,000,000,000 shall be 
16
allocated as an additional amount to 
17
each such entity in an amount which 
18
bears the same proportion to the total 
19
amount provided under this subpara-
20
graph as the relative population of 
21
each such entity bears to the total 
22
population of all such entities; 
23
(C) $49,000,000,000 shall be al-
24
located as additional amounts among 
25
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27 
HR 6800 PCS
each of the 50 States and the District 
1
of Columbia in an amount which 
2
bears the same proportion to the total 
3
amount provided under this subpara-
4
graph as the relative prevalence of 
5
COVID–19 within each such entity 
6
bears to the total prevalence of 
7
COVID–19 within all such entities: 
8
Provided, That the relative prevalence 
9
of COVID–19 shall be calculated 
10
using the most recent data on the 
11
number of confirmed and probable 
12
cases as published on the Internet by 
13
the Centers for Disease Control and 
14
Prevention for each entity specified in 
15
the preceding proviso; 
16
(4) $250,000,000,000 shall be for making an 
17
additional payment to each of the 50 States and the 
18
District of Columbia, of which— 
19
(A) $51,000,000,000 shall be allocated 
20
equally between each of the 50 States and the 
21
District of Columbia; and 
22
(B) $199,000,000,000 shall be allocated 
23
between each such entity in an additional 
24
amount which bears the same proportion to the 
25
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HR 6800 PCS
total amount provided under this subparagraph 
1
as the average estimated number of seasonally- 
2
adjusted unemployed individuals (as measured 
3
by the Bureau of Labor Statistics Local Area 
4
Unemployment Statistics program) in each such 
5
entity over the 3-month period ending in March 
6
2021 bears to the average estimated number of 
7
seasonally-adjusted unemployed individuals in 
8
all such entities over the same period. 
9
Provided further, That any entity receiving a payment 
10
from funds made available under this heading in this Act 
11
shall only use such amounts to respond to, mitigate, cover 
12
costs or replace foregone revenues not projected on Janu-
13
ary 31, 2020 stemming from the public health emergency, 
14
or its negative economic impacts, with respect to the 
15
Coronavirus Disease (COVID–19): Provided further, That 
16
if the Inspector General of the Department of the Treas-
17
ury determines that an entity receiving a payment from 
18
amounts provided under this heading has failed to comply 
19
with the preceding proviso, the amount equal to the 
20
amount of funds used in violation of such subsection shall 
21
be booked as a debt of such entity owed to the Federal 
22
Government, and any amounts recovered under this sub-
23
section shall be deposited into the general fund of the 
24
Treasury as discretionary offsetting receipts: Provided fur-
25
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HR 6800 PCS
ther, That for purposes of the preceding provisos under 
1
this heading in this Act, the population of each entity de-
2
scribed in any such proviso shall be determined based on 
3
the most recent year for which data are available from 
4
the Bureau of the Census, or in the case of an Indian 
5
tribe, shall be determined based on data certified by the 
6
Tribal government: Provided further, That as used under 
7
this heading in this Act, the terms ‘‘Tribal government’’ 
8
and ‘‘Indian Tribe’’ have the same meanings as specified 
9
in section 601(g) of the Social Security Act (42 U.S.C. 
10
601(g)), as added by section 5001 of the CARES Act 
11
(Public Law 116–136) and amended by section 191301 
12
of division X of this Act, and the term ‘‘State’’ means 
13
one of the 50 States: Provided further, That the Secretary 
14
of Treasury shall make all payments required pursuant 
15
to paragraphs (1), (2), and (3) not later than 30 days 
16
after the date of enactment of this Act, and shall make 
17
all payments required pursuant to paragraph (4) not later 
18
than May 3, 2021: Provided further, That such amount 
19
is designated by the Congress as being for an emergency 
20
requirement pursuant to section 251(b)(2)(A)(i) of the 
21
Balanced Budget and Emergency Deficit Control Act of 
22
1985. 
23
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HR 6800 PCS
CORONAVIRUS LOCAL FISCAL RELIEF FUND 
1
For making payments to metropolitan cities, coun-
2
ties, and other units of general local government to miti-
3
gate the fiscal effects stemming from the public health 
4
emergency with respect to the Coronavirus Disease 
5
(COVID–19), $375,000,000,000, to remain available until 
6
expended, which shall be in addition to any other amounts 
7
available for making payments to metropolitan cities, 
8
counties, and other units of general local government (in-
9
cluding payments made under section 601 of the Social 
10
Security Act), of which— 
11
(1) $187,500,000,000 shall be for making pay-
12
ments to metropolitan cities and other units of gen-
13
eral local government (as those terms are defined in 
14
section 102 of the Housing and Community Devel-
15
opment Act of 1974 (42 U.S.C. 5302)), of which— 
16
(A) $131,250,000,000 shall be allocated 
17
pursuant 
to 
the 
formula 
under 
section 
18
106(b)(1) of the Housing and Community De-
19
velopment Act of 1974 (42 U.S.C. 5306(b)(1)) 
20
to metropolitan cities (as defined in section 
21
102(a)(4) of such Act (42 U.S.C. 5302(a)(4)), 
22
including metropolitan cities that have relin-
23
quished or deferred their status as a metropoli-
24
tan city as of the date of enactment of this Act: 
25
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HR 6800 PCS
Provided, That $87,500,000,000 of the funds 
1
provided under this subparagraph shall be paid 
2
not later than 30 days after the date of enact-
3
ment of this Act: Provided further, That 
4
$43,750,000,000 of the funds provided under 
5
this subparagraph shall be paid not earlier than 
6
April 15, 2021, but not later than May 3, 2021; 
7
and 
8
(B) $56,250,000,000 shall be distributed 
9
to each State (as that term is defined in section 
10
102 of the Housing and Community Develop-
11
ment Act of 1974 (42 U.S.C. 5302)) for use by 
12
units of general local government, other than 
13
counties or parishes, in nonentitlement areas 
14
(as defined in such section 102) of such States 
15
in an amount which bears the same proportion 
16
to the total amount provided under this sub-
17
paragraph as the total population of such units 
18
of general local government within the State 
19
bears to the total population of all such units 
20
of general local government in all such States: 
21
Provided, That two-thirds of the funds provided 
22
under this subparagraph and allocated to each 
23
such unit of general local government shall be 
24
distributed to each such unit of general local 
25
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HR 6800 PCS
government not later than 30 days after the 
1
date of enactment of this Act: Provided further, 
2
That the remainder of the funds provided under 
3
this subparagraph and allocated to each such 
4
unit of general local government shall be dis-
5
tributed to each such unit of general local gov-
6
ernment not earlier than April 15, 2021, but 
7
not later than May 3, 2021: Provided further, 
8
That a State shall pass-through the amounts 
9
received under this subparagraph, within 30 
10
days of receipt, to each such unit of general 
11
local government in an amount that bears the 
12
same proportion to the amount distributed to 
13
each such State as the population of such unit 
14
of general local government bears to the total 
15
population of all such units of general local gov-
16
ernment within each such State: Provided fur-
17
ther, That if a State has not elected to dis-
18
tribute amounts allocated under this paragraph, 
19
the Secretary of the Treasury shall pay the ap-
20
plicable amounts under this subparagraph to 
21
such units of general local government in the 
22
State not later than 30 days after the date on 
23
which the State would otherwise have received 
24
the amounts from the Secretary; and 
25
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33 
HR 6800 PCS
(2) $187,500,000,000 shall be paid directly to 
1
counties within the 50 States, the District of Colum-
2
bia, the Commonwealth of Puerto Rico, the United 
3
States Virgin Islands, Guam, the Commonwealth of 
4
the Northern Mariana Islands, and American Samoa 
5
in an amount which bears the same proportion to 
6
the total amount provided under this paragraph as 
7
the relative population of each such county bears to 
8
the total population of all such entities: Provided, 
9
That two-thirds of the funds provided under this 
10
paragraph and allocated to each such county shall be 
11
distributed to each such county not later than 30 
12
days after the date of enactment of this Act: Pro-
13
vided further, That the remainder of the amount al-
14
located to each such county under this paragraph 
15
shall be distributed to each such county not earlier 
16
than April 15, 2021, but not later than May 3, 
17
2021: Provided further, That no county that is an 
18
‘‘urban county’’ (as defined in section 102 of the 
19
Housing and Community Development Act of 1974 
20
(42 U.S.C. 5302)) shall receive less than the amount 
21
the county would otherwise receive if the amount 
22
distributed under this paragraph were allocated to 
23
metropolitan cities and urban counties under section 
24
106(b) of the Housing and Community Development 
25
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Act of 1974 (42 U.S.C. 5306(b)): Provided further, 
1
That in the case of an amount to be paid to a coun-
2
ty that is not a unit of general local government, the 
3
amount shall instead be paid to the State in which 
4
such county is located, and such State shall dis-
5
tribute such amount to units of general local govern-
6
ment within such county in an amounts that bear 
7
the same proportion as the population of such units 
8
of general local government bear to the total popu-
9
lation of such county: Provided further, That for 
10
purposes of this paragraph, the District of Columbia 
11
shall be considered to consist of a single county that 
12
is a unit of general local government: 
13
Provided further, That any entity receiving a payment 
14
from funds made available under this heading in this Act 
15
shall only use such amounts to respond to, mitigate, cover 
16
costs or replace foregone revenues not projected on Janu-
17
ary 31, 2020 stemming from the public health emergency, 
18
or its negative economic impacts, with respect to the 
19
Coronavirus Disease (COVID–19): Provided further, That 
20
if the Inspector General of the Department of the Treas-
21
ury determines that an entity receiving a payment from 
22
amounts provided under this heading has failed to comply 
23
with the preceding proviso, the amount equal to the 
24
amount of funds used in violation of such subsection shall 
25
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35 
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be booked as a debt of such entity owed to the Federal 
1
Government, and any amounts recovered under this sub-
2
section shall be deposited into the general fund of the 
3
Treasury as discretionary offsetting receipts: Provided fur-
4
ther, That nothing in paragraph (1) or (2) shall be con-
5
strued as prohibiting a unit of general local government 
6
that has formed a consolidated government, or that is geo-
7
graphically contained (in full or in part) within the bound-
8
aries of another unit of general local government from re-
9
ceiving a distribution under each of subparagraphs (A) 
10
and (B) under paragraph (1) or under paragraph (2), as 
11
applicable, based on the respective formulas specified con-
12
tained therein: Provided further, That the amounts other-
13
wise determined for distribution to units of local govern-
14
ment under each of subparagraphs (A) and (B) under 
15
paragraph (1) and under paragraph (2) shall each be ad-
16
justed by the Secretary of the Treasury on a pro rata basis 
17
to the extent necessary to comply with the amount appro-
18
priated and the requirements specified in each paragraph 
19
and subparagraph, as applicable: Provided further, That 
20
as used under this heading in this Act, the term ‘‘county’’ 
21
means a county, parish, or other equivalent county divi-
22
sion (as defined by the Bureau of the Census): Provided 
23
further, That for purposes of the preceding provisos under 
24
this heading in this Act, the population of an entity shall 
25
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36 
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be determined based on the most recent year for which 
1
data are available from the Bureau of the Census: Pro-
2
vided further, That such amount is designated by Congress 
3
as being for an emergency requirement pursuant to sec-
4
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
5
gency Deficit Control Act of 1985. 
6
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS 
7
FUND PROGRAM ACCOUNT 
8
For an additional amount for the ‘‘Community Devel-
9
opment Financial Institutions Fund Program Account’’, 
10
$1,000,000,000, to remain available until September 30, 
11
2021, to prevent, prepare for, and respond to coronavirus: 
12
Provided, That the Community Development Financial In-
13
stitutions Fund (CDFI) shall provide grants using a for-
14
mula that takes into account criteria such as certification 
15
status, financial and compliance performance, portfolio 
16
and balance sheet strength, and program capacity: Pro-
17
vided further, That not less than $25,000,000 shall be for 
18
financial assistance, technical assistance, and training and 
19
outreach programs designed to benefit Native American, 
20
Native Hawaiian, and Alaska Native communities: Pro-
21
vided further, That the CDFI Fund shall make funds 
22
available under this subsection within 60 days of the date 
23
of enactment of this Act: Provided further, That funds 
24
made available under this heading may be used for admin-
25
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37 
HR 6800 PCS
istrative expenses, including administration of CDFI 
1
Fund programs and the New Markets Tax Credit Pro-
2
gram: Provided further, That such amount is designated 
3
by the Congress as being for an emergency requirement 
4
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
5
et and Emergency Deficit Control Act of 1985. 
6
ADMINISTRATIVE PROVISION—INTERNAL REVENUE 
7
SERVICE 
8
(INCLUDING TRANSFER OF FUNDS) 
9
SEC. 10301. In addition to the amounts otherwise 
10
available to the Internal Revenue Service in fiscal year 
11
2020, $520,000,000, to remain available until September 
12
30, 2021, shall be available to prevent, prepare for, and 
13
respond to coronavirus, including for costs associated with 
14
the extended filing season: Provided, That such funds may 
15
be transferred by the Commissioner to the ‘‘Taxpayer 
16
Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ ac-
17
counts of the Internal Revenue Service for an additional 
18
amount to be used solely to prevent, prepare for, and re-
19
spond to coronavirus, domestically or internationally: Pro-
20
vided further, That the Committees on Appropriations of 
21
the House of Representatives and the Senate shall be noti-
22
fied in advance of any such transfer: Provided further, 
23
That such transfer authority is in addition to any other 
24
transfer authority provided by law: Provided further, That 
25
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38 
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not later than 30 days after the date of enactment of this 
1
Act, the Commissioner shall submit to the Committees on 
2
Appropriations of the House of Representatives and the 
3
Senate a spending plan for such funds: Provided further, 
4
That such amount is designated by the Congress as being 
5
for an emergency requirement pursuant to section 
6
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
7
Deficit Control Act of 1985. 
8
INDEPENDENT AGENCIES 
9
ELECTION ASSISTANCE COMMISSION 
10
ELECTION RESILIENCE GRANTS 
11
(INCLUDING TRANSFER OF FUNDS) 
12
For an additional amount for payments by the Elec-
13
tion Assistance Commission to States for contingency 
14
planning, preparation, and resilience of elections for Fed-
15
eral office, $3,600,000,000, to remain available until Sep-
16
tember 30, 2021: Provided, That of the amount provided 
17
under this heading, up to $5,000,000 may be transferred 
18
to and merged with ‘‘Election Assistance Commission— 
19
Salaries and Expenses’’: Provided further, That under this 
20
heading the term ‘‘State’’ means each of the 50 States, 
21
the District of Columbia, the Commonwealth of Puerto 
22
Rico, Guam, American Samoa, the United States Virgin 
23
Islands, and the Commonwealth of the Northern Mariana 
24
Islands: Provided further, That the amount of the pay-
25
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ments made to a State under this heading shall be con-
1
sistent with sections 101(d) and 103 of the Help America 
2
Vote Act of 2002 (52 U.S.C. 20903): Provided further, 
3
That for the purposes of the preceding proviso, each ref-
4
erence to ‘‘$5,000,000’’ in such section 103 shall be 
5
deemed to refer to ‘‘$7,500,000’’: Provided further, That 
6
not later than 30 days after the date of enactment of this 
7
Act, the Election Assistance Commission shall obligate the 
8
funds to States under this heading in this Act: Provided 
9
further, That not less than 50 percent of the amount of 
10
the payment made to a State under this heading in this 
11
Act shall be allocated in cash or in kind to the units of 
12
local government which are responsible for the administra-
13
tion of elections for Federal office in the State: Provided 
14
further, That such amount is designated by the Congress 
15
as being for an emergency requirement pursuant to sec-
16
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
17
gency Deficit Control Act of 1985. 
18
ADMINISTRATIVE PROVISION—ELECTION ASSISTANCE 
19
COMMISSION 
20
SEC. 10302. (a) The last proviso under the heading 
21
‘‘Election Assistance Commission—Election Security 
22
Grants’’ in the Financial Services and General Govern-
23
ment Appropriations Act, 2020 (division C of Public Law 
24
116–93; 133 Stat. 2461) shall not apply with respect to 
25
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any payment made to a State using funds appropriated 
1
or otherwise made available to the Election Assistance 
2
Commission under the Coronavirus Aid, Relief, and Eco-
3
nomic Security Act (Public Law 116–136). 
4
(b) The first proviso under the heading ‘‘Election As-
5
sistance Commission—Election Security Grants’’ in the 
6
Coronavirus Aid, Relief, and Economic Security Act (Pub-
7
lic Law 116–136) is amended by striking ‘‘within 20 days 
8
of each election in the 2020 Federal election cycle in that 
9
State,’’ and inserting ‘‘not later than October 30, 2021,’’. 
10
(c) The fourth proviso under the heading ‘‘Election 
11
Assistance Commission—Election Security Grants’’ in the 
12
Coronavirus Aid, Relief, and Economic Security Act (Pub-
13
lic Law 116–136) is amended by striking ‘‘December 31, 
14
2020’’ and inserting ‘‘September 30, 2021’’. 
15
(d) Notwithstanding any requirement that a State 
16
legislature appropriate and release any funds made avail-
17
able under the Help America Vote Act of 2002, the chief 
18
election official of each State shall have access to the funds 
19
made available under the heading ‘‘Election Assistance 
20
Commission—Election Security Grants’’ in this Act and 
21
in the Coronavirus Aid, Relief, and Economic Security Act 
22
(Public Law 116–136) without any such action by the 
23
State legislature. 
24
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(e) A State may elect to reallocate funds allocated 
1
under the heading ‘‘Election Assistance Commission— 
2
Election Security Grants’’ in the Coronavirus Aid, Relief, 
3
and Economic Security Act (Public Law 116–136) or 
4
under this heading in this Act as funds allocated under 
5
the heading ‘‘Election Assistance Commission—Election 
6
Security Grants’’ in the Financial Services and General 
7
Government Appropriations Act, 2020 (division C of Pub-
8
lic Law 116–93; 133 Stat. 2461) that were spent to pre-
9
vent, prepare for, and respond to coronavirus, domestically 
10
or internationally, for the 2020 Federal election cycle; or 
11
funds allocated under the heading ‘‘Election Assistance 
12
Commission—Election Reform Program’’ in the Financial 
13
Services and Government Appropriations Act, 2018 (divi-
14
sion E of Public Law 115–141) that were spent to pre-
15
vent, prepare for, and respond to coronavirus, domestically 
16
or internationally, for the 2020 Federal election cycle. 
17
(f) This section shall take effect as if included in the 
18
enactment of the Coronavirus Aid, Relief, and Economic 
19
Security Act (Public Law 116–136). 
20
(g) The amounts repurposed pursuant to this section 
21
that were previously designated by the Congress as an 
22
emergency requirement pursuant to the Balanced Budget 
23
and Emergency Deficit Control Act of 1985 are des-
24
ignated by the Congress as an emergency requirement 
25
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42 
HR 6800 PCS
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
1
et and Emergency Deficit Control Act of 1985. 
2
FEDERAL COMMUNICATIONS COMMISSION 
3
SALARIES AND EXPENSES 
4
For an additional amount for ‘‘Salaries and Ex-
5
penses’’, $24,000,000, to remain available until September 
6
30, 2021, for implementing title VIII of the Communica-
7
tions Act of 1934 (47 U.S.C. 641 et seq.), as added by 
8
the Broadband DATA Act (Public Law 116–130): Pro-
9
vided, That such amount is designated by the Congress 
10
as being for an emergency requirement pursuant to sec-
11
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
12
gency Deficit Control Act of 1985. 
13
EMERGENCY CONNECTIVITY FUND 
14
For an additional amount for the ‘‘Emergency 
15
Connectivity Fund’’, $1,500,000,000, to remain available 
16
until September 30, 2021, to prevent, prepare for, and re-
17
spond to coronavirus, domestically or internationally, 
18
through the provision of funding for Wi-fi hotspots, other 
19
equipment, connected devices, and advanced telecommuni-
20
cations and information services to schools and libraries 
21
as authorized in section 130201: Provided, That such 
22
amount is designated by the Congress as being for an 
23
emergency 
requirement 
pursuant 
to 
section 
24
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43 
HR 6800 PCS
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
1
Deficit Control Act of 1985. 
2
EMERGENCY BROADBAND CONNECTIVITY FUND 
3
For an additional amount for the ‘‘Emergency 
4
Broadband Connectivity Fund’’, $4,000,000,000, to re-
5
main available until September 30, 2021, to prevent, pre-
6
pare for, and respond to coronavirus, domestically or 
7
internationally, through the provision of an emergency 
8
benefit for broadband service as authorized in section 
9
130301: Provided, That such amount is designated by the 
10
Congress as being for an emergency requirement pursuant 
11
to section 251(b)(2)(A)(i) of the Balanced Budget and 
12
Emergency Deficit Control Act of 1985. 
13
GENERAL SERVICES ADMINISTRATION 
14
TECHNOLOGY MODERNIZATION FUND 
15
For an additional amount for the ‘‘Technology Mod-
16
ernization Fund’’, $1,000,000,000, to remain available 
17
until September 30, 2022, for technology-related mod-
18
ernization activities to prevent, prepare for, and respond 
19
to coronavirus, domestically or internationally: Provided, 
20
That such amount is designated by the Congress as being 
21
for 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
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HR 6800 PCS
OFFICE OF PERSONNEL MANAGEMENT 
1
OFFICE OF INSPECTOR GENERAL 
2
SALARIES AND EXPENSES 
3
For an additional amount for ‘‘Salaries and Ex-
4
penses’’, $1,000,000, to remain available until expended 
5
to prevent, prepare for, and respond to coronavirus, do-
6
mestically or internationally: Provided, That such amount 
7
is designated by the Congress as being for an emergency 
8
requirement pursuant to section 251(b)(2)(A)(i) of the 
9
Balanced Budget and Emergency Deficit Control Act of 
10
1985. 
11
SMALL BUSINESS ADMINISTRATION 
12
EMERGENCY EIDL GRANTS 
13
For an additional amount for ‘‘Emergency EIDL 
14
Grants’’ for the cost of emergency EIDL grants author-
15
ized by section 1110 of division A of the CARES Act 
16
(Public Law 116–136), $10,000,000,000, to remain avail-
17
able until expended, to prevent, prepare for, and respond 
18
to coronavirus, domestically or internationally: Provided, 
19
That such amount is designated by the Congress as being 
20
for an emergency requirement pursuant to section 
21
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
22
Deficit Control Act of 1985. 
23
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HR 6800 PCS
ADMINISTRATIVE PROVISIONS—SMALL BUSINESS 
1
ADMINISTRATION 
2
SEC. 10303. (a) The third proviso under the heading 
3
‘‘Small Business Administration—Business Loans Pro-
4
gram Account’’ in the Financial Services and General 
5
Government Appropriations Act, 2020 (division C of Pub-
6
lic 
Law 
116–93) 
is 
amended 
by 
striking 
7
‘‘$30,000,000,000’’ and inserting ‘‘$75,000,000,000’’. 
8
(b) The sixth proviso under the heading ‘‘Small Busi-
9
ness Administration—Business Loans Program Account’’ 
10
in the Financial Services and General Government Appro-
11
priations Act, 2020 (division C of Public Law 116–93) 
12
is amended by striking ‘‘$12,000,000,000’’ and inserting 
13
‘‘$35,000,000,000’’. 
14
UNITED STATES POSTAL SERVICE 
15
PAYMENT TO POSTAL SERVICE FUND 
16
For an additional payment to the ‘‘Postal Service 
17
Fund’’, 
for 
revenue 
forgone 
due 
to 
coronavirus, 
18
$25,000,000,000, to remain available until September 30, 
19
2022: Provided, That the Postal Service, during the 
20
coronavirus emergency, shall prioritize the purchase of, 
21
and make available to all Postal Service employees and 
22
facilities, personal protective equipment, including gloves, 
23
masks, and sanitizers, and shall conduct additional clean-
24
ing and sanitizing of Postal Service facilities and delivery 
25
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HR 6800 PCS
vehicles: Provided further, That such amount is designated 
1
by the Congress as being for an emergency requirement 
2
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
3
et and Emergency Deficit Control Act of 1985. 
4
OFFICE OF INSPECTOR GENERAL 
5
SALARIES AND EXPENSES 
6
For an additional amount for ‘‘Salaries and Ex-
7
penses’’, $15,000,000, to remain available until expended, 
8
to prevent, prepare for, and respond to coronavirus, do-
9
mestically or internationally: Provided, That such amount 
10
is designated by the Congress as being for an emergency 
11
requirement pursuant to section 251(b)(2)(A)(i) of the 
12
Balanced Budget and Emergency Deficit Control Act of 
13
1985. 
14
GENERAL PROVISIONS—THIS TITLE 
15
SEC. 10304. (a) Title V of division B of the CARES 
16
Act (Public Law 116–136) is amended in the first proviso 
17
under the heading ‘‘Independent Agencies—Pandemic Re-
18
sponse Accountability Committee’’ by inserting ‘‘or any 
19
other Act (including Acts other than appropriations 
20
Acts)’’ after ‘‘provided in this Act’’. 
21
(b) Amounts repurposed under this section that were 
22
previously designated by the Congress, respectively, as an 
23
emergency requirement or as being for disaster relief pur-
24
suant to the Balanced Budget and Emergency Deficit 
25
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HR 6800 PCS
Control Act are designated by the Congress as being for 
1
an 
emergency 
requirement 
pursuant 
to 
section 
2
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
3
Deficit Control Act of 1985 or as being for disaster relief 
4
pursuant to section 251(b)(2)(D) of the Balanced Budget 
5
and Emergency Deficit Control Act of 1985. 
6
SEC. 10305. Title V of division B of the CARES Act 
7
(Public Law 116–136) is amended by striking the fifth 
8
proviso under the heading ‘‘General Services Administra-
9
tion—Real 
Property 
Activities—Federal 
Buildings 
10
Fund’’: Provided, That the amounts repurposed pursuant 
11
to this section that were previously designated by the Con-
12
gress as an emergency requirement pursuant to the Bal-
13
anced Budget and Emergency Deficit Control Act of 1985 
14
are designated by the Congress as 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
SEC. 10306. For an additional amount for ‘‘Depart-
18
ment 
of 
the 
Treasury—Departmental 
Offices— 
19
Coronavirus Relief Fund’’, an amount equal to— 
20
(1) $1,250,000,000; less 
21
(2) the amount allocated for the District of Co-
22
lumbia pursuant to section 601(c)(6) of the Social 
23
Security Act: 
24
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HR 6800 PCS
Provided, That such amounts shall only be available for 
1
making a payment to the District of Columbia, and shall 
2
be in addition to any other funds available for such pur-
3
pose: Provided further, That the Secretary of the Treasury 
4
shall pay all amounts provided by this section directly to 
5
the District of Columbia not less than 5 days after the 
6
date of enactment of this Act: Provided further, That the 
7
District of Columbia shall use such amounts only to cover 
8
costs or replace foregone revenues stemming from the pub-
9
lic health emergency with respect to the Coronavirus Dis-
10
ease (COVID–19): Provided further, That such amount is 
11
designated by Congress as being for an emergency require-
12
ment pursuant to section 251(b)(2)(A)(i) of the Balanced 
13
Budget and Emergency Deficit Control Act of 1985. 
14
TITLE IV—HOMELAND SECURITY 
15
DEPARTMENT OF HOMELAND SECURITY 
16
OFFICE OF INSPECTOR GENERAL 
17
OPERATIONS AND SUPPORT 
18
For an additional amount for ‘‘Operations and Sup-
19
port’’, $3,000,000, to remain available until September 
20
30, 2022, for oversight of activities of the Department of 
21
Homeland Security funded in this Act and in title VI of 
22
division B of Public Law 116–136 to prevent, prepare for, 
23
and respond to coronavirus: Provided, That such amount 
24
is designated by the Congress as being for an emergency 
25
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49 
HR 6800 PCS
requirement pursuant to section 251(b)(2)(A)(i) of the 
1
Balanced Budget and Emergency Deficit Control Act of 
2
1985. 
3
FEDERAL EMERGENCY MANAGEMENT AGENCY 
4
FEDERAL ASSISTANCE 
5
For an additional amount for ‘‘Federal Assistance’’, 
6
$1,300,000,000, to remain available until September 30, 
7
2021, to prevent, prepare for, and respond to coronavirus, 
8
of which $500,000,000 shall be for Assistance to Fire-
9
fighter Grants for the purchase of personal protective 
10
equipment and related supplies, mental health evaluations, 
11
training, and temporary infectious disease de-contamina-
12
tion or sanitizing facilities and equipment; of which 
13
$500,000,000 shall be for Staffing for Adequate Fire and 
14
Emergency Response Grants; of which $100,000,000 shall 
15
be for Emergency Management Performance Grants; and 
16
of which $200,000,000 shall be for the Emergency Food 
17
and Shelter Program: Provided, That such amount is 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
GENERAL PROVISIONS—THIS TITLE 
22
SEC. 10401. Notwithstanding any other provision of 
23
law, funds made available under ‘‘Federal Emergency 
24
Management Agency—Federal Assistance’’ shall only be 
25
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used for the purposes specifically described under that 
1
heading. 
2
SEC. 10402. (a) Subsections (c)(2), (f), (g)(1), 
3
(h)(1)–(4), (h)(6), and (k) of section 33 of the Federal 
4
Fire Prevention and Control Act of 1974 (15 U.S.C. 
5
2229) shall not apply to amounts appropriated for ‘‘Fed-
6
eral Emergency Management Agency – Federal Assist-
7
ance’’ for Assistance to Firefighter Grants in this Act. 
8
(b) Subsection (k) of section 33 of the Federal Fire 
9
Prevention and Control Act of 1974 (15 U.S.C. 2229) 
10
shall not apply to Amounts provided for ‘‘Federal Emer-
11
gency Management Agency–Federal Assistance’’ for As-
12
sistance to Firefighter Grants in title III of division D 
13
of Public Law 116–93 and in title VI of division B of Pub-
14
lic Law 116–136. 
15
(c) Amounts repurposed under this section that were 
16
previously designated by the Congress, respectively, as an 
17
emergency requirement or as being for disaster relief pur-
18
suant to the Balanced Budget and Emergency Deficit 
19
Control Act are designated by the Congress as being for 
20
an 
emergency 
requirement 
pursuant 
to 
section 
21
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
22
Deficit Control Act of 1985 or as being for disaster relief 
23
pursuant to section 251(b)(2)(D) of the Balanced Budget 
24
and Emergency Deficit Control Act of 1985. 
25
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SEC. 
10403. 
Subsections 
(a)(1)(A), 
(a)(1)(B), 
1
(a)(1)(E), (a)(1)(G), (c)(1), (c)(2), and (c)(4) of section 
2
34 of the Federal Fire Prevention and Control Act of 1974 
3
(15 U.S.C. 2229a) shall not apply to amounts appro-
4
priated for ‘‘Federal Emergency Management Agency – 
5
Federal Assistance’’ for Staffing for Adequate Fire and 
6
Emergency Response Grants in this Act and in division 
7
D, title III of the Consolidated Appropriations Act, 2020 
8
(Public Law 116–93). 
9
TITLE V—INTERIOR, ENVIRONMENT, AND 
10
RELATED AGENCIES 
11
DEPARTMENT OF THE INTERIOR 
12
UNITED STATES FISH AND WILDLIFE SERVICE 
13
RESOURCE MANAGEMENT 
14
For an additional amount for ‘‘Resource Manage-
15
ment’’, $21,000,000, to remain available until expended 
16
for research; listing injurious species; electronic permitting 
17
system development; operation and maintenance; law en-
18
forcement interdiction and inspections; and other support 
19
activities, as described in sections 190402, 190403, and 
20
190404 of division S of this Act: Provided, That amounts 
21
may be transferred to ‘‘Surveys, Investigations and Re-
22
search’’ in the United States Geological Survey; ‘‘National 
23
Oceanic and Atmospheric Administration’’ in the Depart-
24
ment of Commerce; and the ‘‘Center for Disease Control’’ 
25
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in the Department of Health and Human Services: Pro-
1
vided further, That such amount is designated by the Con-
2
gress as being for an emergency requirement pursuant to 
3
section 251(b)(2)(A)(i) of the Balanced Budget and 
4
Emergency Deficit Control Act of 1985. 
5
STATE AND TRIBAL WILDLIFE GRANTS 
6
For an additional amount for ‘‘State and Tribal 
7
Wildlife Grants’’, $50,000,000, to remain available until 
8
expended, for a onetime grant program as described in 
9
section 190405 of division S of this Act: Provided, That 
10
such amount is designated by the Congress as being for 
11
an 
emergency 
requirement 
pursuant 
to 
section 
12
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
13
Deficit Control Act of 1985. 
14
UNITED STATES GEOLOGICAL SURVEY 
15
SURVEYS, INVESTIGATIONS, AND RESEARCH 
16
For an additional amount for ‘‘Surveys, Investiga-
17
tions, and Research’’, $40,000,000, to remain available 
18
until September 30, 2021, for technical assistance, bio-
19
surveillance of wildlife and environmental persistence 
20
studies and related research, database development, and 
21
accompanying activities as described in section 190404 of 
22
division S of this Act: Provided, That such amount is des-
23
ignated by the Congress as being for an emergency re-
24
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quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
1
anced Budget and Emergency Deficit Control Act of 1985. 
2
BUREAU OF INDIAN AFFAIRS 
3
OPERATION OF INDIAN PROGRAMS 
4
For an additional amount for ‘‘Operation of Indian 
5
Programs’’, $900,000,000, to remain available until Sep-
6
tember 30, 2021, to prevent, prepare for, and respond to 
7
coronavirus, of which— 
8
(1) $100,000,000 shall be for housing improve-
9
ment; 
10
(2) $780,000,000 shall be for providing Tribal 
11
government services, for Tribal government em-
12
ployee salaries to maintain operations, and cleaning 
13
and sanitization of Tribally owned and operated fa-
14
cilities; and 
15
(3) $20,000,000 shall be used to provide and 
16
deliver potable water; and, 
17
Provided, That none of the funds appropriated herein shall 
18
be obligated until 3 days after the Bureau of Indian Af-
19
fairs provides a detailed spend plan, which includes dis-
20
tribution and use of funds by Tribe, to the Committees 
21
on Appropriations of the House of Representatives and the 
22
Senate: Provided further, That the Bureau shall notify the 
23
Committees on Appropriations of the House of Represent-
24
atives and the Senate quarterly on the obligations and ex-
25
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penditures of the funds provided by this Act: Provided fur-
1
ther, That assistance received herein shall not be included 
2
in the calculation of funds received by those Tribal govern-
3
ments who participate in the ‘‘Small and Needy’’ program: 
4
Provided further, That such amounts, if transferred to In-
5
dian Tribes and Tribal organizations under the Indian 
6
Self-Determination and Education Assistance Act (1) will 
7
be transferred on a one-time basis, (2) are non-recurring 
8
funds that are not part of the amount required by 25 
9
U.S.C. 5325, and (3) may only be used for the purposes 
10
identified under this heading in this Act, notwithstanding 
11
any other provision of law: Provided further, That section 
12
11008 of this Act shall not apply to tribal contracts en-
13
tered into by the Bureau of Indian Affairs with this appro-
14
priation: Provided further, That such amount is designated 
15
by the Congress as being for an emergency requirement 
16
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
17
et and Emergency Deficit Control Act of 1985. 
18
DEPARTMENTAL OFFICES 
19
INSULAR AFFAIRS 
20
ASSISTANCE TO TERRITORIES 
21
For an additional amount for ‘‘Assistance to Terri-
22
tories’’, $1,000,000,000, to remain available until ex-
23
pended, to prevent, prepare for, and respond to 
24
coronavirus, of which (1) $945,000,000 is for Capital Im-
25
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provement Project grants for hospitals and other critical 
1
infrastructure; and (2) $55,000,000 is for territorial as-
2
sistance, including general technical assistance: Provided, 
3
That any appropriation for disaster assistance under this 
4
heading in this Act or previous appropriations Acts may 
5
be used as non-Federal matching funds for the purpose 
6
of hazard mitigation grants provided pursuant to section 
7
404 of the Robert T. Stafford Disaster Relief and Emer-
8
gency Assistance Act (42 U.S.C. 5170c): Provided further, 
9
That amounts repurposed pursuant to this section that 
10
were previously designated by the Congress as an emer-
11
gency requirement pursuant to the Balanced Budget and 
12
Emergency Deficit Control Act of 1985 are designated by 
13
the Congress as an emergency requirement pursuant to 
14
section 251(b)(2)(A)(i) of the Balanced Budget and 
15
Emergency Deficit Control Act of 1985: 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
OFFICE OF INSPECTOR GENERAL 
21
SALARIES AND EXPENSES 
22
For an additional amount for ‘‘Salaries and Ex-
23
penses’’ , $5,000,000, to remain available until expended: 
24
Provided, That such amount is designated by the Congress 
25
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as being for an emergency requirement pursuant to sec-
1
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
2
gency Deficit Control Act of 1985. 
3
ENVIRONMENTAL PROTECTION AGENCY 
4
ENVIRONMENTAL PROGRAMS AND MANAGEMENT 
5
For an additional amount for ‘‘Environmental Pro-
6
grams and Management’’, $50,000,000, to remain avail-
7
able until September 30, 2021, for environmental justice 
8
grants as described in section 190702 of division S of this 
9
Act: Provided, That such amount is designated by the 
10
Congress as being for an emergency requirement pursuant 
11
to section 251(b)(2)(A)(i) of the Balanced Budget and 
12
Emergency Deficit Control Act of 1985. 
13
DEPARTMENT OF HEALTH AND HUMAN 
14
SERVICES 
15
INDIAN HEALTH SERVICE 
16
INDIAN HEALTH SERVICES 
17
(INCLUDING TRANSFER OF FUNDS) 
18
For an additional amount for ‘‘Indian Health Serv-
19
ices’’, $2,100,000,000, to remain available until expended, 
20
to prevent, prepare for, respond to, and provide health 
21
services related to coronavirus, of which— 
22
(1) $1,000,000,000 shall be used to supplement 
23
reduced third party revenue collections; 
24
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HR 6800 PCS
(2) $500,000,000 shall be used for direct health 
1
and telehealth services, including to purchase sup-
2
plies and personal protective equipment; 
3
(3) $140,000,000 shall be used to expand 
4
broadband infrastructure and information tech-
5
nology for telehealth and electronic health record 
6
system purposes; 
7
(4) $20,000,000 shall be used to address the 
8
needs of domestic violence victims and homeless indi-
9
viduals and families; 
10
(5) not less than $64,000,000 shall be for 
11
Urban Indian Organizations; and, 
12
(6) not less than $10,000,000 shall be used to 
13
provide and deliver potable water: 
14
Provided, That such funds shall be allocated at the discre-
15
tion of the Director of the Indian Health Service: Provided 
16
further, That of the funds provided herein, not less than 
17
$366,000,000 shall be transferred to and merged with 
18
‘‘Indian Health Service—Indian Health Facilities’’ at the 
19
discretion of the Director to modify existing health facili-
20
ties to provide isolation or quarantine space, to purchase 
21
and install updated equipment necessary, and for mainte-
22
nance and improvement projects necessary to the purposes 
23
specified in this Act: Provided further, That such amounts 
24
may be used to supplement amounts otherwise available 
25
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for such purposes under ‘‘Indian Health Facilities’’: Pro-
1
vided further, That such amounts, if transferred to Tribes 
2
and Tribal organizations under the Indian Self-Deter-
3
mination and Education Assistance Act, will be trans-
4
ferred on a one-time basis and that these non-recurring 
5
funds are not part of the amount required by section 106 
6
of the Indian Self-Determination and Education Assist-
7
ance Act (25 U.S.C. 5325), and that such amounts may 
8
only be used for the purposes identified under this heading 
9
notwithstanding any other provision of law: Provided fur-
10
ther, That none of the funds appropriated under this head-
11
ing in this Act for telehealth broadband activities shall be 
12
available for obligation until 3 days after the Indian 
13
Health Service provides to the Committees on Appropria-
14
tions of the House of Representatives and the Senate, a 
15
detailed spend plan that includes the cost, location, and 
16
expected completion date of each activity: Provided fur-
17
ther, That the Indian Health Service shall notify the Com-
18
mittees on Appropriations of the House of Representatives 
19
and the Senate quarterly on the obligations and expendi-
20
tures of the funds provided by this Act: Provided further, 
21
That section 11008 of this Act shall not apply to tribal 
22
contracts entered into by the Bureau of Indian Affairs 
23
with this appropriation: Provided further, That such 
24
amount is designated by the Congress as being for an 
25
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emergency 
requirement 
pursuant 
to 
section 
1
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
2
Deficit Control Act of 1985. 
3
NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES 
4
NATIONAL ENDOWMENT FOR THE ARTS 
5
GRANTS AND ADMINISTRATION 
6
For an additional amount for ‘‘Grants and Adminis-
7
tration’’, $10,000,000 to remain available until September 
8
30, 2021, for grants to respond to the impacts of 
9
coronavirus: Provided, That such funds are available 
10
under the same terms and conditions as grant funding ap-
11
propriated to this heading in Public Law 116–94: Pro-
12
vided further, That 40 percent of such funds shall be dis-
13
tributed to State arts agencies and regional arts organiza-
14
tions and 60 percent of such funds shall be for direct 
15
grants: Provided further, That notwithstanding any other 
16
provision of law, such funds may also be used by the re-
17
cipients of such grants for purposes of the general oper-
18
ations of such recipients: Provided further, That the 
19
matching requirements under subsections (e), (g)(4)(A), 
20
and (p)(3) of section 5 of the National Foundation on the 
21
Arts and Humanities Act of 1965 (20 U.S.C. 954) may 
22
be waived with respect to such grants: Provided further, 
23
That such amount is designated by the Congress as being 
24
for an emergency requirement pursuant to section 
25
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60 
HR 6800 PCS
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
1
Deficit Control Act of 1985. 
2
NATIONAL ENDOWMENT FOR THE HUMANITIES 
3
GRANTS AND ADMINISTRATION 
4
For an additional amount for ‘‘Grants and Adminis-
5
tration’’, $10,000,000 to remain available until September 
6
30, 2021, for grants to respond to the impacts of 
7
coronavirus: Provided, That such funds are available 
8
under the same terms and conditions as grant funding ap-
9
propriated to this heading in Public Law 116–94: Pro-
10
vided further, That 40 percent of such funds shall be dis-
11
tributed to state humanities councils and 60 percent of 
12
such funds shall be for direct grants: Provided further, 
13
That notwithstanding any other provision of law, such 
14
funds may also be used by the recipients of such grants 
15
for purposes of the general operations of such recipients: 
16
Provided further, That the matching requirements under 
17
subsection (h)(2)(A) of section 7 of the National Founda-
18
tion on the Arts and Humanities Act of 1965 may be 
19
waived with respect to such grants: 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
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HR 6800 PCS
TITLE VI—DEPARTMENTS OF LABOR, HEALTH 
1
AND HUMAN SERVICES, AND EDUCATION, 
2
AND RELATED AGENCIES 
3
DEPARTMENT OF LABOR 
4
EMPLOYMENT AND TRAINING ADMINISTRATION 
5
TRAINING AND EMPLOYMENT SERVICES 
6
(INCLUDING TRANSFER OF FUNDS) 
7
For an additional amount for ‘‘Training and Employ-
8
ment Services’’, $2,040,000,000, to prevent, prepare for, 
9
and respond to coronavirus, of which $15,000,000 shall 
10
be transferred to ‘‘Program Administration’’, to remain 
11
available until September 30, 2021, to carry out activities 
12
in this Act, Public Law 116–127 and Public Law 116– 
13
136 for full-time equivalent employees, information tech-
14
nology upgrades needed to expedite payments and support 
15
implementation, including to expedite policy guidance and 
16
disbursement of funds, technical assistance and other as-
17
sistance to States and territories to speed payment of Fed-
18
eral and State unemployment benefits, and of which the 
19
remaining amounts shall be used to carry out activities 
20
under the Workforce Innovation and Opportunity Act (re-
21
ferred to in this Act as ‘‘WIOA’’) as follows: 
22
(1) $485,000,000 for grants to the States for 
23
adult employment and training activities, including 
24
incumbent worker trainings, transitional jobs, on- 
25
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HR 6800 PCS
the-job training, individualized career services, sup-
1
portive services, needs-related payments, and to fa-
2
cilitate remote access to training services provided 
3
through a one-stop delivery system through the use 
4
of technology, to remain available until June 30, 
5
2021: Provided, That an adult shall not be required 
6
to meet the requirements of section 134(c)(3)(B) of 
7
the WIOA: Provided further, That an adult who 
8
meets 
the 
requirements 
described 
in 
section 
9
2102(a)(3)(A) of Public Law 116–136 may be eligi-
10
ble for participation: Provided further, That priority 
11
may be given to individuals who are adversely im-
12
pacted by economic changes due to the coronavirus, 
13
including individuals seeking employment, dislocated 
14
workers, individuals with barriers to employment, in-
15
dividuals who are unemployed, or individuals who 
16
are underemployed; 
17
(2) $518,000,000 for grants to the States for 
18
youth activities, including supportive services, sum-
19
mer employment for youth, and to facilitate remote 
20
access to training services provided through a one- 
21
stop delivery system through the use of technology, 
22
to remain available until June 30, 2021: Provided, 
23
That individuals described in section 2102(a)(3)(A) 
24
of Public Law 116–136 may be eligible for participa-
25
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HR 6800 PCS
tion as an out-of-school youth if they meet the re-
1
quirements of clauses (i) and (ii) of section 
2
129(a)(1)(B) or as in-school youth if they meet the 
3
requirements of clauses (i) and (iii) of section 
4
129(a)(1)(C) of the WIOA; Provided further, That 
5
priority shall be given for out-of-school youth and 
6
youth with multiple barriers to employment: Pro-
7
vided further, That funds shall support employer 
8
partnerships for youth employment and subsidized 
9
employment, and partnerships with community- 
10
based organizations to support such employment; 
11
(3) $597,000,000 for grants to States for dis-
12
located worker employment and training activities, 
13
including incumbent worker trainings, transitional 
14
jobs, on-the-job training, individualized career serv-
15
ices, supportive services, needs-related payments, 
16
and to facilitate remote access to training services 
17
provided through a one-stop delivery system through 
18
the use of technology, to remain available until June 
19
30, 2021: Provided, That a dislocated worker shall 
20
not be required to meet the requirements of section 
21
134(c)(3)(B) of the WIOA: Provided further, That a 
22
dislocated worker who meets the requirements de-
23
scribed in section 2102(a)(3)(A) of Public Law 116– 
24
136 may be eligible for participation; 
25
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64 
HR 6800 PCS
(4) $400,000,000 for the dislocated workers as-
1
sistance national reserve to remain available until 
2
September 30, 2023; and 
3
(5) $25,000,000 for migrant and seasonal 
4
farmworker programs under section 167 of the 
5
WIOA, including emergency supportive services, to 
6
remain available until June 30, 2021, of which no 
7
less than $500,000 shall be for the collection and 
8
dissemination of electronic and printed materials re-
9
lated to coronavirus to the migrant and seasonal 
10
farmworker population nationwide, including Puerto 
11
Rico, through a cooperative agreement; 
12
Provided, That the impact of the COVID–19 national 
13
emergency may be considered as an additional factor for 
14
reimbursement for on-the-job training under section 
15
134(c)(3)(H) of the WIOA and as a factor in determining 
16
an employer’s portion of the costs of providing customized 
17
training under section 3(14) of the WIOA: Provided fur-
18
ther, That notwithstanding section 134(d)(5) of the 
19
WIOA, a local board may use 40 percent of funds received 
20
under paragraphs (1) and (3) for transitional jobs: Pro-
21
vided further, That notwithstanding section 194(10) of the 
22
WIOA, that funds used to support transitional jobs may 
23
also be used to support public service employment: Pro-
24
vided 
further, 
That 
sections 
127(b)(1)(C)(iv)(III), 
25
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65 
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132(b)(1)(B)(iv)(III), and 132(b)(2)(B)(iii)(II) shall not 
1
apply to funds appropriated under this heading: Provided 
2
further, That such amount is designated by the Congress 
3
as being for an emergency requirement pursuant to sec-
4
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
5
gency Deficit Control Act of 1985. 
6
WAGE AND HOUR DIVISION 
7
SALARIES AND EXPENSES 
8
For an additional amount for ‘‘Wage and Hour Divi-
9
sion’’, $6,500,000, to remain available until September 
10
30, 2021, to prevent, prepare for, and respond to 
11
coronavirus, including for the administration, oversight, 
12
and coordination of worker protection activities related 
13
thereto: Provided, That the Secretary of Labor shall use 
14
funds provided under this heading to support enforcement 
15
activities and outreach efforts to make individuals, par-
16
ticularly low-wage workers, aware of their rights under di-
17
vision C and division E of Public Law 116–127: 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
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OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 
1
SALARIES AND EXPENSES 
2
For an additional amount for ‘‘Occupational Safety 
3
and Health Administration’’, $100,000,000, to remain 
4
available until September 30, 2021, for implementation of 
5
section 120302 of The Heroes Act and for worker protec-
6
tion and enforcement activities to prevent, prepare for, 
7
and respond to coronavirus, of which $25,000,000 shall 
8
be for Susan Harwood training grants and at least 
9
$70,000,000 shall be to hire additional compliance safety 
10
and health officers, and for state plan enforcement, to pro-
11
tect workers from coronavirus by enforcing all applicable 
12
standards and directives, including 29 CFR 1910.132, 29 
13
CFR 1910.134, section 5(a)(1) of the Occupational Safety 
14
and Health Act of 1970, and 29 CFR 1910.1030: Pro-
15
vided, That activities to protect workers from coronavirus 
16
supported by funds provided under this heading includes 
17
additional enforcement of standards and directives ref-
18
erenced in the preceding proviso at slaughterhouses, poul-
19
try processing plants, and agricultural workplaces: Pro-
20
vided further, That within 15 days of the date of enact-
21
ment of this Act, the Secretary of Labor shall submit a 
22
spending and hiring plan for the funds made available 
23
under this heading, and a monthly staffing report until 
24
all funds are expended, to the Committees on Appropria-
25
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tions of the House of Representatives and the Senate: Pro-
1
vided further, That within 15 days of the date of enact-
2
ment of this Act, the Secretary of Labor shall submit a 
3
plan for the additional enforcement activities described in 
4
the third proviso to the Committees on Appropriations of 
5
the House of Representatives and the Senate: Provided 
6
further, 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
OFFICE OF INSPECTOR GENERAL 
11
For an additional amount for ‘‘Office of Inspector 
12
General’’, $5,000,000, to remain available until expended, 
13
to prevent, prepare for, and respond to coronavirus. Pro-
14
vided, That such amount is designated by the Congress 
15
as being for an emergency requirement pursuant to sec-
16
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
17
gency Deficit Control Act of 1985. 
18
ADMINISTRATIVE PROVISION—DEPARTMENT OF LABOR 
19
SEC. 10601. There is hereby appropriated for fiscal 
20
year 2021 for ‘‘Department of Labor—Employment 
21
Training Administration—State Unemployment Insur-
22
ance and Employment Service Operations’’, $28,600,000, 
23
to be expended from the Employment Security Adminis-
24
tration Account in the Unemployment Trust Fund (‘‘the 
25
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Trust Fund’’) to carry out title III of the Social Security 
1
Act: Provided, That such amount shall only become avail-
2
able for obligation if the Average Weekly Insured Unem-
3
ployment (‘‘AWIU’’) for fiscal year 2021 is projected, by 
4
the Department of Labor during fiscal year 2021 to ex-
5
ceed 1,728,000: Provided further, That to the extent that 
6
the AWIU for fiscal year 2021 is projected by the Depart-
7
ment of Labor to exceed 1,728,000, an additional 
8
$28,600,000 from the Trust Fund shall be made available 
9
for obligation during fiscal year 2021 for every 100,000 
10
increase in the AWIU level (including a pro rata amount 
11
for any increment less than 100,000): Provided further, 
12
That, except as specified in this section, amounts provided 
13
herein shall be available under the same authority and 
14
conditions applicable to funds provided to carry out title 
15
III of the Social Security Act under the heading ‘‘Depart-
16
ment of Labor—Employment Training Administration— 
17
State Unemployment Insurance and Employment Service 
18
Operations’’ in division A of Public Law 116–94: Provided 
19
further, That such amounts shall be in addition to any 
20
other funds made available in any fiscal year for such pur-
21
poses: Provided further, That such amount is designated 
22
by the Congress as being for an emergency requirement 
23
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
24
et and Emergency Deficit Control Act of 1985. 
25
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DEPARTMENT OF HEALTH AND HUMAN 
1
SERVICES 
2
HEALTH RESOURCES AND SERVICES ADMINISTRATION 
3
PRIMARY HEALTH CARE 
4
For an additional amount for ‘‘Primary Health 
5
Care’’, $7,600,000,000, to remain available until Sep-
6
tember 30, 2025, for necessary expenses to prevent, pre-
7
pare for, and respond to coronavirus, for grants and coop-
8
erative agreements under the Health Centers Program, as 
9
defined by section 330 of the Public Health Service Act, 
10
and for grants to Federally qualified health centers, as 
11
defined in section 1861(aa)(4)(B) of the Social Security 
12
Act, and for eligible entities under the Native Hawaiian 
13
Health Care Improvement Act, including maintenance or 
14
expansion of health center and system capacity and staff-
15
ing 
levels: 
Provided, 
That 
sections 
330(r)(2)(B), 
16
330(e)(6)(A)(iii), and 330(e)(6)(B)(iii) shall not apply to 
17
funds provided under this heading in this Act: Provided 
18
further, That funds provided under this heading in this 
19
Act may be used to (1) purchase equipment and supplies 
20
to conduct mobile testing for SARS–CoV–2 or COVID– 
21
19; (2) purchase and maintain mobile vehicles and equip-
22
ment to conduct such testing; and (3) hire and train lab-
23
oratory personnel and other staff to conduct such mobile 
24
testing: Provided further, That such amount is designated 
25
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by the Congress as being for an emergency requirement 
1
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
2
et and Emergency Deficit Control Act of 1985. 
3
RYAN WHITE HIV/AIDS PROGRAM 
4
For an additional amount for ‘‘Ryan White HIV/ 
5
AIDS Program’’, $10,000,000, to remain available until 
6
September 30, 2022, to prevent, prepare for, and respond 
7
to coronavirus: Provided, That awards from funds pro-
8
vided under this heading in this Act shall be through 
9
modifications to existing contracts and supplements to ex-
10
isting grants and cooperative agreements under parts A, 
11
B, C, D, F, and section 2692(a) of title XXVI of the Pub-
12
lic Health Service Act: Provided further, That such supple-
13
ments shall be awarded using a data-driven methodology 
14
determined by the Secretary of Health and Human Serv-
15
ices: Provided further, That sections 2604(c), 2612(b), and 
16
2651(c) of the Public Health Service Act shall not apply 
17
to funds provided under this heading in this Act: Provided 
18
further, That the Secretary may waive any penalties and 
19
administrative requirements as necessary to ensure that 
20
the funds may be used efficiently: 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
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CENTERS FOR DISEASE CONTROL AND PREVENTION 
1
CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT 
2
For an additional amount for ‘‘CDC–Wide Activities 
3
and Program Support’’, $2,130,000,000, to remain avail-
4
able until September 30, 2024, to prevent, prepare for, 
5
and respond to coronavirus, domestically or internation-
6
ally: Provided, That of the amount provided under this 
7
heading in this Act, $1,000,000,000 shall be for Public 
8
Health Emergency Preparedness cooperative agreements 
9
under section 319C–1 of the Public Health Service Act: 
10
Provided further, That, of the amount provided under this 
11
heading in this Act, $1,000,000,000 shall be for necessary 
12
expenses for grants for core public health infrastructure 
13
for State, local, Territorial, or Tribal health departments 
14
as described in section 30550 of division C of this Act: 
15
Provided further, That of the amount made available 
16
under this heading in this Act for specified programs, not 
17
less than $100,000,000 shall be allocated to tribes, tribal 
18
organizations, urban Indian health organizations, or 
19
health service providers to tribes: Provided further, That 
20
of the amount provided under this heading in this Act, 
21
$130,000,000 shall be for public health data surveillance 
22
and analytics infrastructure modernization: Provided fur-
23
ther, That funds appropriated under this heading in this 
24
Act for grants may be used for the rent, lease, purchase, 
25
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acquisition, construction, alteration, or renovation of non- 
1
Federally owned facilities to improve preparedness and re-
2
sponse capability at the State and local level: Provided fur-
3
ther, That all construction, alteration, or renovation work, 
4
carried out, in whole or in part, with funds appropriated 
5
under this heading in this Act, or under this heading in 
6
the CARES ACT (P.L. 116–136), shall be subject to the 
7
requirements of section 1621(b)(1)(I) of the Public Health 
8
Service Act (42 U.S.C. 300s–1(b)(1)(I)): 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 INSTITUTES OF HEALTH 
14
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS 
15
DISEASES 
16
For an additional amount for ‘‘National Institute of 
17
Allergy and Infectious Diseases’’, $500,000,000, to re-
18
main available until September 30, 2024, to prevent, pre-
19
pare for, and respond to coronavirus: Provided, That such 
20
amount is designated by the Congress as being for an 
21
emergency 
requirement 
pursuant 
to 
section 
22
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
23
Deficit Control Act of 1985. 
24
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NATIONAL INSTITUTE OF MENTAL HEALTH 
1
For an additional amount for ‘‘National Institute of 
2
Mental Health’’, $200,000,000, to remain available until 
3
September 30, 2024, to prevent, prepare for, and respond 
4
to coronavirus: Provided, 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 THE DIRECTOR 
9
(INCLUDING TRANSFER OF FUNDS) 
10
For an additional amount for ‘‘Office of the Direc-
11
tor’’, $4,021,000,000, to remain available until September 
12
30, 2024, to prevent, prepare for, and respond to 
13
coronavirus, domestically or internationally: Provided, 
14
That not less than $3,000,000,000 of the amount provided 
15
under this heading in this Act shall be for offsetting the 
16
costs related to reductions in lab productivity resulting 
17
from the coronavirus pandemic or public health measures 
18
related to the coronavirus pandemic: Provided further, 
19
That up to $1,021,000,000 of the amount provided under 
20
this heading in this Act shall be to support additional sci-
21
entific research or the programs and platforms that sup-
22
port research: Provided further, That funds made available 
23
under this heading in this Act may be transferred to the 
24
accounts of the Institutes and Centers of the National In-
25
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stitutes of Health (‘‘NIH’’): Provided further, That this 
1
transfer authority is in addition to any other transfer au-
2
thority available to the NIH: Provided further, That such 
3
amount is designated by the Congress as being for an 
4
emergency 
requirement 
pursuant 
to 
section 
5
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
6
Deficit Control Act of 1985. 
7
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 
8
ADMINISTRATION 
9
HEALTH SURVEILLANCE AND PROGRAM SUPPORT 
10
For an additional amount for ‘‘Health Surveillance 
11
and Program Support’’, $3,000,000,000, to remain avail-
12
able until September 30, 2021, to prevent, prepare for, 
13
and respond to coronavirus: Provided, That of the funds 
14
made available under this heading in this Act, 
15
$1,500,000,000 shall be for grants for the substance 
16
abuse prevention and treatment block grant program 
17
under subpart II of part B of title XIX of the Public 
18
Health Service Act (‘‘PHS Act’’): Provided further, That 
19
of the funds made available under this heading in this Act, 
20
$1,000,000,000 shall be for grants for the community 
21
mental health services block grant program under subpart 
22
I of part B of title XIX of the PHS Act: Provided further, 
23
That of the funds made available under this heading in 
24
this Act, $100,000,000 shall be for services to the home-
25
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less population: Provided further, That of the funds made 
1
available under this heading in this Act, $100,000,000 
2
shall be for activities and services under Project AWARE: 
3
Provided further, That of the funds made available under 
4
this heading in this Act, $10,000,000 shall be for the Na-
5
tional Child Traumatic Stress Network: Provided further, 
6
That of the amount made available under this heading in 
7
this Act, $265,000,000 is available for activities author-
8
ized under section 501(o) of the Public Health Service 
9
Act: Provided further, That of the amount made available 
10
under this heading in this Act, $25,000,000 shall be for 
11
the Suicide Lifeline and Disaster Distress Helpline: Pro-
12
vided further, That of the amount made available under 
13
this heading in this Act for specified programs, not less 
14
than $150,000,000 shall be allocated to tribes, tribal orga-
15
nizations, urban Indian health organizations, or health or 
16
behavioral health service providers to tribes: Provided fur-
17
ther, That the Substance Abuse and Mental Health Serv-
18
ices Administration has flexibility to amend allowable ac-
19
tivities, timelines, and reporting requirements for the Sub-
20
stance Abuse Prevention and Treatment Block Grant and 
21
the Community Mental Health Services Block Grant pur-
22
suant to the public health emergency declaration: Provided 
23
further, That such amount is designated by the Congress 
24
as being for an emergency requirement pursuant to sec-
25
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tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
1
gency Deficit Control Act of 1985. 
2
CENTERS FOR MEDICARE & MEDICAID SERVICES 
3
PROGRAM MANAGEMENT 
4
For an additional amount for ‘‘Program Manage-
5
ment’’, $150,000,000, to remain available through Sep-
6
tember 30, 2022, to prevent, prepare for, and respond to 
7
coronavirus, for State strike teams for resident and em-
8
ployee safety in skilled nursing facilities and nursing facili-
9
ties, including activities to support clinical care, infection 
10
control, and staffing pursuant to section 30209 of this 
11
Act: Provided, That such amount is designated by the 
12
Congress as being for an emergency requirement pursuant 
13
to section 251(b)(2)(A)(i) of the Balanced Budget and 
14
Emergency Deficit Control Act of 1985. 
15
ADMINISTRATION FOR CHILDREN AND FAMILIES 
16
LOW INCOME HOME ENERGY ASSISTANCE 
17
For an additional amount for ‘‘Low Income Home 
18
Energy Assistance’’, $1,500,000,000, to remain available 
19
until September 30, 2021, to prevent, prepare for, and re-
20
spond to coronavirus, for making payments under sub-
21
section (b) of section 2602 of the Low-Income Home En-
22
ergy Assistance Act of 1981 (42 U.S.C. 8621 et seq.): Pro-
23
vided, That of the amount provided under this heading 
24
in this Act, $750,000,000 shall be allocated as though the 
25
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total appropriation for such payments for fiscal year 2020 
1
was less than $1,975,000,000: Provided further, That each 
2
grantee that receives an allotment of funds made available 
3
under this heading in this Act shall, for purposes of in-
4
come eligibility, deem to be eligible any household that 
5
documents job loss or severe income loss dated after Feb-
6
ruary 29, 2020, such as a layoff or furlough notice or 
7
verification of application for unemployment benefits: Pro-
8
vided further, That the limitation in section 2605(b)(9)(A) 
9
of the Low-Income Home Energy Assistance Act of 1981, 
10
regarding planning and administering the use of funds, 
11
shall apply to funds provided under this heading in this 
12
Act by substituting ‘‘12.5 percent’’ for ‘‘10 percent’’: Pro-
13
vided further, That section 2607(b)(2)(B) of such Act (42 
14
U.S.C. 8626(b)(2)(B)) shall not apply to funds made 
15
available under this heading in this Act: 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
PAYMENTS TO STATES FOR THE CHILD CARE AND 
21
DEVELOPMENT BLOCK GRANT 
22
For an additional amount for ‘‘Payments to States 
23
for the Child Care and Development Block Grant’’, 
24
$7,000,000,000, to remain available until September 30, 
25
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2021, to prevent, prepare for, and respond to coronavirus, 
1
including for Federal administrative expenses, which shall 
2
be used to supplement, not supplant State, Territory, and 
3
Tribal general revenue funds for child care assistance for 
4
low-income families within the United States (including 
5
territories) without regard to requirements in sections 
6
658E(c)(3)(D)–(E) or section 658G of the Child Care and 
7
Development Block Grant Act: Provided, That funds pro-
8
vided under this heading in this Act may be used for costs 
9
of providing relief from copayments and tuition payments 
10
for families and for paying that portion of the child care 
11
provider’s cost ordinarily paid through family copayments, 
12
to provide continued payments and assistance to child care 
13
providers in the case of decreased enrollment or closures 
14
related to coronavirus, and to ensure child care providers 
15
are able to remain open or reopen as appropriate and ap-
16
plicable: Provided further, That States, Territories, and 
17
Tribes are encouraged to place conditions on payments to 
18
child care providers that ensure that child care providers 
19
use a portion of funds received to continue to pay the sala-
20
ries and wages of staff: Provided further, That lead agen-
21
cies shall, for the duration of the COVID–19 public health 
22
emergency, implement enrollment and eligibility policies 
23
that support the fixed costs of providing child care services 
24
by delinking provider reimbursement rates from an eligible 
25
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child’s absence and a provider’s closure due to the 
1
COVID–19 public health emergency: Provided further, 
2
That the Secretary shall remind States that CCDBG State 
3
plans do not need to be amended prior to utilizing existing 
4
authorities in the Child Care and Development Block 
5
Grant Act for the purposes provided herein: Provided fur-
6
ther, That States, Territories, and Tribes are authorized 
7
to use funds appropriated under this heading in this Act 
8
to provide child care assistance to health care sector em-
9
ployees, emergency responders, sanitation workers, farm-
10
workers, and other workers deemed essential during the 
11
response to coronavirus by public officials, without regard 
12
to the income eligibility requirements of section 658P(4) 
13
of such Act: Provided further, That funds appropriated 
14
under this heading in this Act shall be available to eligible 
15
child care providers under section 658P(6) of the CCDBG 
16
Act, even if such providers were not receiving CCDBG as-
17
sistance prior to the public health emergency as a result 
18
of the coronavirus, for the purposes of cleaning and sani-
19
tation, and other activities necessary to maintain or re-
20
sume the operation of programs: Provided further, That 
21
no later than 60 days after the date of enactment of this 
22
Act, each State, Territory, and Tribe that receives funding 
23
under this heading in this Act shall submit to the Sec-
24
retary a report, in such manner as the Secretary may re-
25
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quire, describing how the funds appropriated under this 
1
heading in this Act will be spent and that no later than 
2
90 days after the date of enactment of this Act, the Sec-
3
retary shall submit to the Committees on Appropriations 
4
of the House of Representatives and the Senate, the Com-
5
mittee on Education and Labor of the House of Rep-
6
resentatives, and the Committee on Health, Education, 
7
Labor, and Pensions of the Senate a report summarizing 
8
such reports from the States, Territories, and Tribes: Pro-
9
vided further, That no later than October 31, 2021, each 
10
State, Territory, and Tribe that receives funding under 
11
this heading in this Act shall submit to the Secretary a 
12
report, in such manner as the Secretary may require, de-
13
scribing how the funds appropriated under this heading 
14
in this Act were spent and that no later than 60 days 
15
after receiving such reports from the States, Territories, 
16
and Tribes, the Secretary shall submit to the Committees 
17
on Appropriations of the House of Representatives and the 
18
Senate, the Committee on Education and Labor of the 
19
House of Representatives, and the Committee on Health, 
20
Education, Labor, and Pensions of the Senate a report 
21
summarizing such reports from the States, Territories, 
22
and Tribes: Provided further, That payments made under 
23
this heading in this Act may be obligated in this fiscal 
24
year or the succeeding two fiscal years: Provided further, 
25
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That funds appropriated under this heading in this Act 
1
may be made available to restore amounts, either directly 
2
or through reimbursement, for obligations incurred to pre-
3
vent, prepare for, and respond to coronavirus, prior to the 
4
date of enactment of this Act: Provided further, 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
CHILDREN AND FAMILIES SERVICES PROGRAMS 
10
For an additional amount for ‘‘Children and Families 
11
Services Programs’’, $1,590,000,000, to remain available 
12
until September 30, 2021, to prevent, prepare for, and re-
13
spond to coronavirus, which shall be used as follows: 
14
(1) $50,000,000 for Family Violence Prevention 
15
and Services grants as authorized by section 303(a) 
16
and 303(b) of the Family Violence Prevention and 
17
Services Act with such funds available to grantees 
18
without regard to matching requirements under sec-
19
tion 306(c)(4) of such Act, of which $2,000,000 
20
shall be for the National Domestic Violence Hotline: 
21
Provided, That the Secretary of Health and Human 
22
Services may make such funds available for pro-
23
viding temporary housing and assistance to victims 
24
of family, domestic, and dating violence; 
25
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(2) $20,000,000 for necessary expenses for 
1
community-based grants for the prevention of child 
2
abuse and neglect under section 209 of the Child 
3
Abuse Prevention and Treatment Act, which the 
4
Secretary shall make without regard to sections 
5
203(b)(1) and 204(4) of such Act; and 
6
(3) $20,000,000 for necessary expenses for the 
7
Child Abuse Prevention and Treatment Act State 
8
Grant program as authorized by Section 112 of such 
9
Act; 
10
(4) $1,500,000,000 for necessary expenses for 
11
grants to carry out the Low-Income Household 
12
Drinking Water and Wastewater Assistance pro-
13
gram, as described in section 190703 of division S 
14
of this Act. 
15
Provided, That funds made available under this heading 
16
in this Act may be used for the purposes provided herein 
17
to reimburse costs incurred between January 20, 2020, 
18
and the date of award: Provided further, That funds ap-
19
propriated by the CARES Act (P.L. 116–136) to carry 
20
out the Community Services Block Grant Act (42 U.S.C. 
21
9901 et seq.) and received by a State shall be made avail-
22
able to eligible entities (as defined in section 673(1)(A) 
23
of such Act (42 U.S.C. 9902(1)(A)) not later than either 
24
30 days after such State receives such funds or 30 days 
25
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after the date of the enactment of this Act, whichever oc-
1
curs later: Provided further, 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
ADMINISTRATION FOR COMMUNITY LIVING 
6
AGING AND DISABILITY SERVICES PROGRAMS 
7
For an additional amount for ‘‘Aging and Disability 
8
Services Programs’’, $100,000,000, to remain available 
9
until September 30, 2021, to prevent, prepare for, and re-
10
spond to the coronavirus: Provided, That of the amount 
11
made available under this heading in this Act, 
12
$85,000,000 shall be for activities authorized under the 
13
Older Americans Act of 1965 (‘‘OAA’’) and activities au-
14
thorized under part B of title XX of the Social Security 
15
Act, including $20,000,000 for supportive services under 
16
part B of title III; $19,000,000 for nutrition services 
17
under subparts 1 and 2 of part C of title III; $1,000,000 
18
for nutrition services under title VI; $20,000,000 for sup-
19
portive services for family caregivers under part E of title 
20
III; $10,000,000 for evidence-based health promotion and 
21
disease prevention services under part D of title III; 
22
$10,000,000 for elder rights protection activities, includ-
23
ing the long-term ombudsman program under title VII 
24
and adult protective services programs through the Elder 
25
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Justice Act; and $5,000,000 shall be for grants to States 
1
to support the network of statewide senior legal services, 
2
including existing senior legal hotlines, efforts to expand 
3
such hotlines to all interested States, and legal assistance 
4
to providers, in order to ensure seniors have access to legal 
5
assistance, with such fund allotted to States consistent 
6
with paragraphs (1) through (3) of section 304(a) of the 
7
OAA: Provided further, That State matching requirements 
8
under sections 304(d)(1)(D) and 373(g)(2) of the OAA 
9
shall not apply to funds made available under this head-
10
ing: Provided further, That of the amount made available 
11
under this heading in this Act, $10,000,000 shall be for 
12
activities authorized in the Developmental Disabilities As-
13
sistance and Bill of Rights Act of 2000: Provided further, 
14
That of the amount made available under this heading in 
15
this Act, $5,000,000 shall be for activities authorized in 
16
the Assistive Technology Act of 2004: Provided further, 
17
That of the amount made available in the preceding pro-
18
viso, $5,000,000 shall be for the purchase of equipment 
19
to allow interpreters to provide appropriate and essential 
20
services to the hearing-impaired community: Provided fur-
21
ther, That for the purposes of the funding provided in the 
22
preceding proviso, during the emergency period described 
23
in section 1135(g)(1)(B) of the Social Security Act, for 
24
purposes of section 4(e)(2)(A) of the Assistive Technology 
25
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Act of 2004, the term ‘‘targeted individuals and entities’’ 
1
(as that term is defined in section 3(16) of the Assistive 
2
Technology Act of 2004) shall be deemed to include Amer-
3
ican Sign Language certified interpreters who are pro-
4
viding interpretation services remotely for individuals with 
5
disabilities: Provided further, That during such emergency 
6
period, for the purposes of the previous two provisos, to 
7
facilitate the ability of individuals with disabilities to re-
8
main in their homes and practice social distancing, the 
9
Secretary shall waive the prohibitions on the use of grant 
10
funds for direct payment for an assistive technology device 
11
for an individual with a disability under sections 
12
4(e)(2)(A) and 4(e)(5) of such Act: Provided further, That 
13
such amount is designated by the Congress as being for 
14
an 
emergency 
requirement 
pursuant 
to 
section 
15
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
16
Deficit Control Act of 1985. 
17
OFFICE OF THE SECRETARY 
18
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 
19
FUND 
20
For an additional amount for ‘‘Public Health and So-
21
cial Services Emergency Fund’’, $4,575,000,000, to re-
22
main available until September 30, 2024, to prevent, pre-
23
pare for, and respond to coronavirus, domestically or 
24
internationally, including the development of necessary 
25
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countermeasures and vaccines, prioritizing platform-based 
1
technologies with U.S.-based manufacturing capabilities, 
2
the purchase of vaccines, therapeutics, diagnostics, nec-
3
essary medical supplies, as well as medical surge capacity, 
4
addressing blood supply chain, workforce modernization, 
5
telehealth access and infrastructure, initial advanced man-
6
ufacturing, novel dispensing, enhancements to the U.S. 
7
Commissioned Corps, and other preparedness and re-
8
sponse activities: Provided, That funds appropriated under 
9
this paragraph in this Act may be used to develop and 
10
demonstrate innovations and enhancements to manufac-
11
turing platforms to support such capabilities: Provided 
12
further, That the Secretary of Health and Human Services 
13
shall purchase vaccines developed using funds made avail-
14
able under this paragraph in this Act to respond to an 
15
outbreak or pandemic related to coronavirus in quantities 
16
determined by the Secretary to be adequate to address the 
17
public health need: Provided further, That products pur-
18
chased by the Federal government with funds made avail-
19
able under this paragraph in this Act, including vaccines, 
20
therapeutics, and diagnostics, shall be purchased in ac-
21
cordance with Federal Acquisition Regulation guidance on 
22
fair and reasonable pricing: Provided further, That the 
23
Secretary may take such measures authorized under cur-
24
rent law to ensure that vaccines, therapeutics, and 
25
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diagnostics developed from funds provided in this Act will 
1
be affordable in the commercial market: Provided further, 
2
That in carrying out the previous proviso, the Secretary 
3
shall not take actions that delay the development of such 
4
products: Provided further, That products purchased with 
5
funds appropriated under this paragraph in this Act may, 
6
at the discretion of the Secretary of Health and Human 
7
Services, be deposited in the Strategic National Stockpile 
8
under section 319F–2 of the Public Health Service Act: 
9
Provided further, That funds appropriated under this 
10
paragraph in this Act may be transferred to, and merged 
11
with, the fund authorized by section 319F–4, the Covered 
12
Countermeasure Process Fund, of the Public Health Serv-
13
ice Act: Provided further, That of the amount made avail-
14
able under this paragraph in this Act, $3,500,000,000 
15
shall be available to the Biomedical Advanced Research 
16
and Development Authority for necessary expenses of ad-
17
vanced research, development, manufacturing, production, 
18
and purchase of vaccines and therapeutics: Provided fur-
19
ther, That of the amount made available under this para-
20
graph in this Act, $500,000,000 shall be available to the 
21
Biomedical Advanced Research and Development Author-
22
ity for the construction, renovation, or equipping of U.S.- 
23
based next generation manufacturing facilities, other than 
24
facilities owned by the United States Government: Pro-
25
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vided further, That of the amount made available under 
1
this paragraph in this Act, $500,000,000 shall be available 
2
to the Biomedical Advanced Research and Development 
3
Authority to promote innovation in antibacterial research 
4
and development: Provided further, That funds made 
5
available under this paragraph in this Act may be used 
6
for grants for the rent, lease, purchase, acquisition, con-
7
struction, alteration, or renovation of non-Federally owned 
8
facilities to improve preparedness and response capability 
9
at the State and local level: Provided further, That funds 
10
appropriated under this paragraph in this Act may be 
11
used for the construction, alteration, renovation or equip-
12
ping of non-Federally owned facilities for the production 
13
of vaccines, therapeutics, diagnostics, and medicines and 
14
other items purchased under section 319F–2(a) of the 
15
Public Health Service Act where the Secretary determines 
16
that such a contract is necessary to assure sufficient do-
17
mestic production of such supplies: Provided further, That 
18
all construction, alteration, or renovation work, carried 
19
out, in whole or in part, with fund appropriated under this 
20
heading in this Act, the CARES Act (P.L. 116–136), or 
21
the Paycheck Protection Program and Health Care En-
22
hancement Act (P.L. 116–139), shall be subject to the re-
23
quirements of 42 U.S.C. 300s-1(b)(1)(I): Provided further, 
24
That not later than seven days after the date of enactment 
25
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of this Act, and weekly thereafter until the public health 
1
emergency related to coronavirus is no longer in effect, 
2
the Secretary shall report to the Committees on Appro-
3
priations of the House of Representatives and the Senate 
4
on the current inventory of ventilators and personal pro-
5
tective equipment in the Strategic National Stockpile, in-
6
cluding the numbers of face shields, gloves, goggles and 
7
glasses, gowns, head covers, masks, and respirators, as 
8
well as deployment of ventilators and personal protective 
9
equipment during the previous week, reported by state and 
10
other jurisdiction: Provided further, That after the date 
11
that a report is required to be submitted by the preceding 
12
proviso, amounts made available for ‘‘Department of 
13
Health and Human Services—Office of the Secretary— 
14
General Departmental Management’’ in Public Law 116– 
15
94 for salaries and expenses of the Immediate Office of 
16
the Secretary shall be reduced by $250,000 for each day 
17
that such report has not been submitted: Provided further, 
18
That not later than the first Monday in February of fiscal 
19
year 2021 and each fiscal year thereafter, the Secretary 
20
shall include in the annual budget submission for the De-
21
partment, and submit to the Congress, the Secretary’s re-
22
quest with respect to expenditures necessary to maintain 
23
the minimum level of relevant supplies in the Strategic 
24
National Stockpile, including in case of a significant pan-
25
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demic, in consultation with the working group under sec-
1
tion 319F(a) of the Public Health Service Act and the 
2
Public Health Emergency Medical Countermeasures En-
3
terprise established under section 2811–1 of such Act: 
4
Provided further, That such amount is designated by the 
5
Congress as being for an emergency requirement pursuant 
6
to section 251(b)(2)(A)(i) of the Balanced Budget and 
7
Emergency Deficit Control Act of 1985. 
8
For an additional amount for ‘‘Public Health and So-
9
cial Services Emergency Fund’’, $100,000,000,000, to re-
10
main available until expended, to prevent, prepare for, and 
11
respond to coronavirus, for necessary expenses to make 
12
payments under the Health Care Provider Relief Fund as 
13
described in section 30611 of division C of this Act: Pro-
14
vided, That such amount is designated by the Congress 
15
as being for an emergency requirement pursuant to sec-
16
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
17
gency Deficit Control Act of 1985. 
18
For an additional amount for ‘‘Public Health and So-
19
cial Services Emergency Fund’’, $75,000,000,000, to re-
20
main available until expended, to prevent, prepare for, and 
21
respond to coronavirus, for necessary expenses to carry 
22
out the COVID-19 National Testing and Contact Tracing 
23
Initiative, as described in subtitle D of division C of this 
24
Act: Provided, That such amount is designated by the 
25
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Congress as being for an emergency requirement pursuant 
1
to section 251(b)(2)(A)(i) of the Balanced Budget and 
2
Emergency Deficit Control Act of 1985. 
3
DEPARTMENT OF EDUCATION 
4
STATE FISCAL STABILIZATION FUND 
5
For an additional amount for ‘‘State Fiscal Stabiliza-
6
tion Fund’’, $90,000,000,000, to remain available until 
7
September 30, 2022, to prevent, prepare for, and respond 
8
to coronavirus: Provided, That the Secretary of Education 
9
(referred to under this heading as ‘‘Secretary’’) shall make 
10
grants to the Governor of each State for support of ele-
11
mentary, secondary, and postsecondary education and, as 
12
applicable, early childhood education programs and serv-
13
ices: Provided further, That of the amount made available, 
14
the Secretary shall first allocate up to one-half of 1 per-
15
cent to the outlying areas and one-half of 1 percent to 
16
the Bureau of Indian Education (‘‘BIE’’) for activities 
17
consistent with this heading under such terms and condi-
18
tions as the Secretary may determine: Provided further, 
19
That the Secretary may reserve up to $30,000,000 for ad-
20
ministration and oversight of the activities under this 
21
heading: Provided further, That the Secretary shall allo-
22
cate 61 percent of the remaining funds made available to 
23
carry out this heading to the States on the basis of their 
24
relative population of individuals aged 5 through 24 and 
25
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allocate 39 percent on the basis of their relative number 
1
of children counted under section 1124(c) of the Elemen-
2
tary and Secondary Education Act of 1965 (referred to 
3
under this heading as ‘‘ESEA’’) as State grants: Provided 
4
further, That State grants shall support statewide elemen-
5
tary, secondary, and postsecondary activities; subgrants to 
6
local educational agencies; and, subgrants to public insti-
7
tutions of higher education: Provided further, That States 
8
shall allocate 65 percent of the funds received under the 
9
fourth proviso as subgrants to local educational agencies 
10
in proportion to the amount of funds such local edu-
11
cational agencies received under part A of title I of the 
12
ESEA in the most recent fiscal year: Provided further, 
13
That States shall allocate 30 percent of the funds received 
14
under the fourth proviso as subgrants to public institu-
15
tions of higher education, of which the Governor shall re-
16
serve a percentage necessary to make the minimum grants 
17
described in the next proviso and, of the amounts remain-
18
ing after making such reservation, 75 percent shall be ap-
19
portioned according to the relative share in the State of 
20
students who received Pell Grants who are not exclusively 
21
enrolled in distance education courses prior to the 
22
coronavirus emergency at the institution in the previous 
23
award year and 25 percent shall be apportioned according 
24
to the relative share in the State of the total enrollment 
25
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of students at the institution who are not exclusively en-
1
rolled in distance education courses prior to the 
2
coronavirus emergency at the institution in the previous 
3
award year: Provided further, That any public institution 
4
of higher education that is not otherwise eligible for a 
5
grant of at least $1,000,000 under the preceding proviso 
6
and has an enrollment of at least 500 students shall be 
7
eligible to receive an amount equal to whichever is lesser 
8
of the total loss of revenue and increased costs associated 
9
with the coronavirus or $1,000,000: Provided further, 
10
That the Governor shall use any remaining funds that 
11
were unnecessary to carry out the previous proviso to dis-
12
tribute such funds to institutions of higher education in 
13
accordance with the formula in the preceding provisos: 
14
Provided further, That the Governor may use any funds 
15
received under the fourth proviso that are not specifically 
16
reserved under this heading for additional support to ele-
17
mentary, secondary, and postsecondary education, includ-
18
ing supports for under-resourced institutions, institutions 
19
with high burden due to the coronavirus, and institutions 
20
who did not possess distance education capabilities prior 
21
to the coronavirus emergency: Provided further, That the 
22
Governor shall return to the Secretary any funds received 
23
that the Governor does not award to local educational 
24
agencies and public institutions of higher education or oth-
25
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erwise commit within two years of receiving such funds, 
1
and the Secretary shall reallocate such funds to the re-
2
maining States in accordance with the fourth proviso: Pro-
3
vided further, That Governors shall use State grants and 
4
subgrants to maintain or restore State and local fiscal 
5
support for elementary, secondary and postsecondary edu-
6
cation: Provided further, That funds for local educational 
7
agencies may be used for any activity authorized by the 
8
ESEA, including the Native Hawaiian Education Act and 
9
the Alaska Native Educational Equity, Support, and As-
10
sistance Act, the Individuals with Disabilities Education 
11
Act (‘‘IDEA’’), subtitle B of title VII of the McKinney- 
12
Vento Homeless Assistance Act , the Adult Education and 
13
Family Literacy Act or the Carl D. Perkins Career and 
14
Technical Education Act of 2006 (‘‘the Perkins Act’’): 
15
Provided further, That a State or local educational agency 
16
receiving funds under this heading may use the funds for 
17
activities coordinated with State, local, tribal, and terri-
18
torial public health departments to detect, prevent, or 
19
mitigate the spread of infectious disease or otherwise re-
20
spond to coronavirus; support online learning by pur-
21
chasing educational technology and internet access for stu-
22
dents, which may include assistive technology or adaptive 
23
equipment, that aids in regular and substantive edu-
24
cational interactions between students and their classroom 
25
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instructor; provide ongoing professional development to 
1
staff in how to effectively provide quality online academic 
2
instruction; provide assistance for children and families to 
3
promote equitable participation in quality online learning; 
4
plan and implement activities related to supplemental 
5
afterschool programs and summer learning, including pro-
6
viding classroom instruction or quality online learning 
7
during the summer months; plan for and coordinate dur-
8
ing long-term closures, provide technology for quality on-
9
line learning to all students, and how to support the needs 
10
of low-income students, racial and ethnic minorities, stu-
11
dents with disabilities, English learners, students experi-
12
encing homelessness, and children in foster care, including 
13
how to address learning gaps that are created or exacer-
14
bated due to long-term closures; support the continuity of 
15
student engagement through social and emotional learn-
16
ing; and other activities that are necessary to maintain 
17
the operation of and continuity of services in local edu-
18
cational agencies, including maintaining employment of 
19
existing personnel, and reimbursement for eligible costs in-
20
curred during the national emergency: Provided further, 
21
That a public institution of higher education that receives 
22
funds under this heading shall use funds for education and 
23
general expenditures (including defraying expenses due to 
24
lost revenue, reimbursement for expenses already in-
25
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curred, and payroll) and grants to students for expenses 
1
directly related to coronavirus and the disruption of cam-
2
pus operations (which may include emergency financial aid 
3
to students for tuition, food, housing, technology, health 
4
care, and child care costs that shall not be required to 
5
be repaid by such students) or for the acquisition of tech-
6
nology and services directly related to the need for dis-
7
tance education and the training of faculty and staff to 
8
use such technology and services: Provided further, That 
9
an institution of higher education may not use funds re-
10
ceived under this heading to increase its endowment or 
11
provide funding for capital outlays associated with facili-
12
ties related to athletics, sectarian instruction, or religious 
13
worship: Provided further, That funds may be used to sup-
14
port hourly workers, such as education support profes-
15
sionals, classified school employees, and adjunct and con-
16
tingent faculty: Provided further, That a Governor of a 
17
State desiring to receive an allocation under this heading 
18
shall submit an application at such time, in such manner, 
19
and containing such information as the Secretary may rea-
20
sonably require: Provided further, That the Secretary shall 
21
issue a notice inviting applications not later than 15 days 
22
after the date of enactment of this Act: Provided further, 
23
That any State receiving funding under this heading shall 
24
maintain its percent of total spending on elementary, sec-
25
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ondary, and postsecondary education in fiscal year 2019 
1
for fiscal years 2020, 2021, and 2022: Provided further, 
2
That a State’s application shall include assurances that 
3
the State will maintain support for elementary and sec-
4
ondary education in fiscal year 2020, fiscal year 2021, and 
5
fiscal year 2022 at least at the level of such support that 
6
is the average of such State’s support for elementary and 
7
secondary education in the 3 fiscal years preceding the fis-
8
cal year for which State support for elementary and sec-
9
ondary education is provided: Provided further, That a 
10
State’s application shall include assurances that the State 
11
will maintain State support for higher education (not in-
12
cluding support for capital projects or for research and 
13
development or tuition and fees paid by students) in fiscal 
14
year 2020, fiscal year 2021, and fiscal year 2022 at least 
15
at the level of such support that is the average of such 
16
State’s support for higher education (which shall include 
17
State and local government funding to institutions of high-
18
er education and state financial aid) in the 3 fiscal years 
19
preceding the fiscal year for which State support for high-
20
er education is provided, and that any such State’s sup-
21
port for higher education funding, as calculated as spend-
22
ing for public higher education per full-time equivalent 
23
student, shall be at least the same in fiscal year 2022 as 
24
it was in fiscal year 2019: Provided further, That in such 
25
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98 
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application, the Governor shall provide baseline data that 
1
demonstrates the State’s current status in each of the 
2
areas described in such assurances in the preceding pro-
3
visos: Provided further, That a State’s application shall in-
4
clude assurances that the State will not construe any pro-
5
visions under this heading as displacing any otherwise ap-
6
plicable provision of any collective-bargaining agreement 
7
between an eligible entity and a labor organization as de-
8
fined by section 2(5) of the National Labor Relations Act 
9
(29 U.S.C. 152(5)) or analogous State law: Provided fur-
10
ther, That a State’s application shall include assurances 
11
that the State shall maintain the wages, benefits, and 
12
other terms and conditions of employment set forth in any 
13
collective-bargaining agreement between the eligible entity 
14
and a labor organization, as defined in the preceding pro-
15
viso: Provided further, That a State’s application shall in-
16
clude assurances that all students with disabilities are af-
17
forded their full rights under IDEA, including all rights 
18
and services outlined in individualized education programs 
19
(‘‘IEPs’’): Provided further, That a State receiving funds 
20
under this heading shall submit a report to the Secretary, 
21
at such time and in such manner as the Secretary may 
22
require, that describes the use of funds provided under 
23
this heading: Provided further, That no recipient of funds 
24
under this heading shall use funds to provide financial as-
25
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99 
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sistance to students to attend private elementary or sec-
1
ondary schools, unless such funds are used to provide spe-
2
cial education and related services to children with disabil-
3
ities whose IEPs require such placement, and where the 
4
school district maintains responsibility for providing such 
5
children a free appropriate public education, as authorized 
6
by IDEA: Provided further, That a local educational agen-
7
cy, State, institution of higher education, or other entity 
8
that receives funds under ‘‘State Fiscal Stabilization 
9
Fund’’, shall to the greatest extent practicable, continue 
10
to pay its employees and contractors during the period of 
11
any disruptions or closures related to coronavirus: Pro-
12
vided further, That the terms ‘‘elementary education’’ and 
13
‘‘secondary education’’ have the meaning given such terms 
14
under State law: Provided further, That the term ‘‘institu-
15
tion of higher education’’ has the meaning given such term 
16
in section 101 of the Higher Education Act of 1965: Pro-
17
vided further, That the term ‘‘fiscal year’’ shall have the 
18
meaning given such term under State law: Provided fur-
19
ther, That the term ‘‘State’’ means each of the 50 States, 
20
the District of Columbia, and the Commonwealth of Puer-
21
to Rico: Provided further, That such amount is designated 
22
by the Congress as being for an emergency requirement 
23
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
24
et and Emergency Deficit Control Act of 1985. 
25
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HIGHER EDUCATION 
1
For an additional amount for ‘‘Higher Education’’, 
2
$10,150,000,000, to remain available until September 30, 
3
2021, to prevent, prepare for, and respond to coronavirus, 
4
of which $11,000,000 shall be transferred to ‘‘National 
5
Technical Institute for the Deaf’’ to help defray expenses 
6
(which may include lost revenue, reimbursement for ex-
7
penses already incurred, technology costs associated with 
8
a transition to distance education, sign language and cap-
9
tioning costs associated with a transition to distance edu-
10
cation, faculty and staff trainings, and payroll) directly 
11
caused by coronavirus and to enable emergency financial 
12
aid to students for expenses directly related to coronavirus 
13
and the disruption of university operations (which may in-
14
clude food, housing, transportation, technology, health 
15
care, and child care), of which $20,000,000 shall be trans-
16
ferred to ‘‘Howard University’’ to help defray expenses 
17
(which may include lost revenue, reimbursement for ex-
18
penses already incurred, technology costs associated with 
19
a transition to distance education, technology costs associ-
20
ated with a transition to distance education, faculty and 
21
staff trainings, and payroll) directly related to coronavirus 
22
and to enable grants to students for expenses directly re-
23
lated to coronavirus and the disruption of university oper-
24
ations (which may include food, housing, transportation, 
25
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101 
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technology, health care, and child care), of which 
1
$11,000,000 shall be transferred to ‘‘Gallaudet Univer-
2
sity’’ to help defray expenses (which may include lost rev-
3
enue, reimbursement for expenses already incurred, tech-
4
nology costs associated with a transition to distance edu-
5
cation, sign language and captioning costs associated with 
6
a transition to distance education, faculty and staff 
7
trainings, and payroll) directly related to coronavirus and 
8
to enable grants to students for expenses directly related 
9
to coronavirus and the disruption of university operations 
10
(which may include food, housing, transportation, tech-
11
nology, health care, and child care), and of which the re-
12
maining amounts shall be used to carry out parts A and 
13
B of title III, parts A and B of title V, subpart 4 of part 
14
A of title VII, and part B of title VII of the Higher Edu-
15
cation Act of 1965 (‘‘HEA’’) as follows: 
16
(1) $1,708,000,000 for parts A and B of title 
17
III, parts A and B of title V, and subpart 4 of part 
18
A of title VII of the HEA to address needs directly 
19
related to coronavirus: Provided, That such amount 
20
shall be allocated by the Secretary proportionally to 
21
such programs covered under this paragraph and 
22
based on the relative share of funding appropriated 
23
to such programs in the Further Consolidated Ap-
24
propriations Act, 2020 (Public Law 116–94) and 
25
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102 
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distributed to institutions of higher education as fol-
1
lows: 
2
(A) Except as otherwise provided in sub-
3
paragraph (B), for eligible institutions under 
4
part B of title III and subpart 4 of part A of 
5
title VII of the Higher Education Act, the Sec-
6
retary shall allot to each eligible institution an 
7
amount using the following formula: 
8
(i) 70 percent according to a ratio 
9
equivalent to the number of Pell Grant re-
10
cipients in attendance at such institution 
11
at the end of the school year preceding the 
12
beginning of that fiscal year and the total 
13
number of Pell Grant recipients at all such 
14
institutions; 
15
(ii) 20 percent according to a ratio 
16
equivalent to the total number of students 
17
enrolled at such institution at the end of 
18
the school year preceding the beginning of 
19
that fiscal year and the number of stu-
20
dents enrolled at all such institutions; and 
21
(iii) 10 percent according to a ratio 
22
equivalent to the total endowment size at 
23
all eligible institutions at the end of the 
24
school year preceding the beginning of that 
25
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103 
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fiscal year and the total endowment size at 
1
such institutions; 
2
(B) For eligible institutions under section 
3
326 of the Higher Education Act, the Secretary 
4
shall allot to each eligible institution an amount 
5
in proportion to the award received from fund-
6
ing for such institutions in the Further Consoli-
7
dated Appropriations Act, 2020 (Public Law 
8
116–94); 
9
(C) For eligible institutions under section 
10
316 of the Higher Education Act, the Secretary 
11
shall allot funding according to the formula in 
12
section 316(d)(3) of the Higher Education Act; 
13
(D) Notwithstanding section 318(f) of the 
14
Higher Education Act, for eligible institutions 
15
under section 318 of the Higher Education Act, 
16
the Secretary shall allot funding according to 
17
the formula in section 318(e) of the Higher 
18
Education Act; 
19
(E) Except as provided in subparagraphs 
20
(C) and (D), for eligible institutions under part 
21
A of title III of the Higher Education Act and 
22
parts A and B of title V, the Secretary shall 
23
issue an application for eligible institutions to 
24
demonstrate unmet need, and the Secretary 
25
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104 
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shall allow eligible institutions to apply for 
1
funds under one of the programs for which they 
2
are eligible. 
3
(2) $8,400,000,000 for part B of title VII of 
4
the HEA for institutions of higher education (as de-
5
fined in section 101 or 102(c) of the HEA) to ad-
6
dress needs directly related to coronavirus as follows: 
7
(A) $7,000,000,000 shall be provided to 
8
private, nonprofit institutions of higher edu-
9
cation— 
10
(i) by reserving an amount necessary 
11
to make the minimum grants described in 
12
the second to last proviso under this head-
13
ing; and 
14
(ii) from amounts not reserved under 
15
clause (i), by apportioning— 
16
(I) 75 percent according to the 
17
relative share of enrollment of Federal 
18
Pell Grant recipients who are not ex-
19
clusively enrolled in distance edu-
20
cation courses prior to the coronavirus 
21
emergency; and 
22
(II) 25 percent according to the 
23
relative share of the total enrollment 
24
of students who were not Federal Pell 
25
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105 
HR 6800 PCS
Grant recipients who are not exclu-
1
sively enrolled in distance education 
2
courses prior to the coronavirus emer-
3
gency. 
4
(B) $1,400,000,000 shall be for institu-
5
tions of higher education with unmet need re-
6
lated to the coronavirus, including institutions 
7
of higher education that offer their courses and 
8
programs exclusively through distance edu-
9
cation: 
10
Provided, That funds shall be used to make payments to 
11
such institutions to provide emergency grants to students 
12
who attended such institutions at any point during the 
13
coronavirus emergency and for any component of the stu-
14
dent’s cost of attendance (as defined under section 472 
15
of the HEA), including tuition, food, housing, course ma-
16
terials, technology, health care, and child care): Provided 
17
further, That institutions of higher education may use 
18
such funds to defray expenses (including lost revenue, re-
19
imbursement for expenses already incurred, technology 
20
costs associated with a transition to distance education, 
21
faculty and staff trainings, and payroll) incurred by insti-
22
tutions of higher education: Provided further, That such 
23
payments shall not be used to increase endowments or pro-
24
vide funding for capital outlays associated with facilities 
25
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106 
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related to athletics, sectarian instruction, or religious wor-
1
ship: Provided further, That any private, nonprofit institu-
2
tion of higher education that is not otherwise eligible for 
3
a grant of at least $1,000,000 under paragraph (2)(A)(ii) 
4
of this heading and has a total enrollment of at least 500 
5
students shall be eligible to receive, from amounts reserved 
6
under paragraph (2)(A)(i), an amount equal to whichever 
7
is the lesser of the total loss of revenue and increased costs 
8
associated with the coronavirus or $1,000,000: Provided 
9
further, That of the funds provided under paragraph 2(B), 
10
the Secretary shall make an application available for insti-
11
tutions of higher education to demonstrate unmet need, 
12
which shall include for this purpose a dramatic decline in 
13
revenue as a result of campus closure, exceptional costs 
14
or challenges implementing distance education platforms 
15
due to lack of a technological infrastructure, serving a 
16
large percentage of students who lack access to adequate 
17
technology to move to distance education, serving a region 
18
or community that has been especially impacted by in-
19
creased unemployment and displaced workers, serving 
20
communities or regions where the number of coronavirus 
21
cases has imposed exceptional costs on the institution, and 
22
other criteria that the Secretary shall identify after con-
23
sultation with institutions of higher education or their rep-
24
resentatives: Provided further, That no institution may re-
25
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107 
HR 6800 PCS
ceive an award unless it has submitted an application that 
1
describes the impact of the coronavirus on the institution 
2
and the ways that the institution will use the funds to 
3
ameliorate such impact: Provided further, That the Sec-
4
retary shall brief the Committees on Appropriations fif-
5
teen days in advance of making any application available 
6
for funds under paragraph (2)(B): Provided further, That 
7
such amount is designated by the Congress as being for 
8
an 
emergency 
requirement 
pursuant 
to 
section 
9
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
10
Deficit Control Act of 1985. 
11
GENERAL PROVISIONS—DEPARTMENT OF EDUCATION 
12
SEC. 10602. Amounts made available to ‘‘Depart-
13
ment of Education—Office of Inspector General’’ in title 
14
VIII of division B of Public Law 116–136 are hereby per-
15
manently rescinded, and an amount of additional new 
16
budget authority equivalent to the amount rescinded is 
17
hereby appropriated, to remain available until expended, 
18
for the same purposes and under the same authorities as 
19
they were originally appropriated, and shall be in addition 
20
to any other funds available for such purposes: Provided, 
21
That the amounts appropriated by this section may also 
22
be used for investigations and are available until ex-
23
pended: Provided further, That such amount is designated 
24
by the Congress as being for an emergency requirement 
25
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108 
HR 6800 PCS
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
1
et and Emergency Deficit Control Act of 1985. 
2
SEC. 10603. The Coronavirus Aid, Relief, and Eco-
3
nomic Security Act (P.L. 116–136) is amended by striking 
4
section 18001(a)(3): Provided, That amounts repurposed 
5
pursuant to the amendment made by this section that 
6
were previously designated by the Congress as an emer-
7
gency requirement pursuant to the Balanced Budget and 
8
Emergency Deficit Control Act of 1985 are designated by 
9
the Congress as an emergency requirement pursuant to 
10
section 251(b)(2)(A)(i) of the Balanced Budget and 
11
Emergency Deficit Control Act of 1985. 
12
SEC. 10604. Section 18005(a) of the Coronavirus 
13
Aid, Relief, and Economic Security Act (P.L. 116–136) 
14
is 
amended 
by 
inserting 
‘‘including 
subsections 
15
(a)(4)(A)(i) and (c) of such section’’ after ‘‘section 1117’’ 
16
and by inserting ‘‘Such equitable services shall be provided 
17
by the local educational agency in which the students re-
18
side, and the amount of funds available for such equitable 
19
services shall be based on the number of nonpublic school 
20
students who were identified in the calculation under sec-
21
tion 1117(c)(1) of the ESEA for purposes of Title I–A 
22
during the 2019–2020 school year relative to the sum of 
23
such students in public schools during the 2019–2020 
24
school year.’’ after ‘‘representatives of nonpublic schools.’’: 
25
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109 
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Provided, That amounts repurposed pursuant to the 
1
amendment made by this section that were previously des-
2
ignated by the Congress as an emergency requirement 
3
pursuant to the Balanced Budget and Emergency Deficit 
4
Control Act of 1985 are designated by the Congress as 
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. 
8
SEC. 10605. Section 18004(c) of the Coronavirus 
9
Aid, Relief, and Economic Security Act (P.L. 116–136) 
10
is amended by striking ‘‘to cover any costs associated with 
11
significant changes to the delivery of instruction due to 
12
the coronavirus’’ and inserting ‘‘to defray expenses (in-
13
cluding lost revenue, reimbursement for expenses already 
14
incurred, technology costs associated with a transition to 
15
distance education, faculty and staff trainings, payroll) in-
16
curred by institutions of higher education.’’: Provided, 
17
That amounts repurposed pursuant to the amendment 
18
made by this section that were previously designated by 
19
the Congress as an emergency requirement pursuant to 
20
the Balanced Budget and Emergency Deficit Control Act 
21
of 1985 are designated by the Congress as an emergency 
22
requirement pursuant to section 251(b)(2)(A)(i) of the 
23
Balanced Budget and Emergency Deficit Control Act of 
24
1985. 
25
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110 
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SEC. 10606. With respect to the allocation and award 
1
of funds under this title, the Secretary of Education is 
2
prohibited from— 
3
(a) establishing a priority or preference not specified 
4
in this title; and 
5
(b) imposing limits on the use of such funds not spec-
6
ified in this title. 
7
RELATED AGENCIES 
8
CORPORATION FOR NATIONAL AND COMMUNITY 
9
SERVICE 
10
ADMINISTRATIVE PROVISIONS—CORPORATION FOR 
11
NATIONAL AND COMMUNITY SERVICE 
12
SEC. 10607. (a) The remaining unobligated balances 
13
of funds as of September 30, 2020, from amounts pro-
14
vided to ‘‘Corporation for National and Community Serv-
15
ice—Salaries and Expenses’’ in title IV of division A of 
16
the Further Consolidated Appropriations Act, 2020 (Pub-
17
lic Law 116–94), are hereby permanently rescinded, and 
18
an amount of additional new budget authority equal to 
19
the unobligated balances rescinded is hereby appropriated 
20
on September 30, 2020, to remain available until Sep-
21
tember 30, 2021, for the same purposes and under the 
22
same authorities that they were originally made available 
23
in Public Law 116–94, which shall be in addition to any 
24
other funds available for such purposes: Provided, That 
25
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111 
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such amount is designated by the Congress as being for 
1
an 
emergency 
requirement 
pursuant 
to 
section 
2
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
3
Deficit Control Act of 1985. 
4
(b) The remaining unobligated balances of funds as 
5
of September 30, 2020, from amounts provided to ‘‘Cor-
6
poration for National and Community Service—Operating 
7
Expenses’’ in title IV of division A of the Further Consoli-
8
dated Appropriations Act, 2020 (Public Law 116–94), are 
9
hereby permanently rescinded, and an amount of addi-
10
tional new budget authority equal to the unobligated bal-
11
ances rescinded is hereby appropriated on September 30, 
12
2020, to remain available until September 30, 2021, for 
13
the same purposes and under the same authorities that 
14
they were originally made available in Public Law 116– 
15
94, which shall be in addition to any other funds available 
16
for such purposes: Provided, That any amounts appro-
17
priated by the preceding proviso shall not be subject to 
18
the allotment requirements otherwise applicable under sec-
19
tions 129(a), (b), (d), and (e) of the National and Commu-
20
nity Service Act of 1993: Provided further, That such 
21
amount is designated by the Congress as being for an 
22
emergency 
requirement 
pursuant 
to 
section 
23
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
24
Deficit Control Act of 1985. 
25
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112 
HR 6800 PCS
(c) The remaining unobligated balances of funds as 
1
of September 30, 2020, from amounts provided to ‘‘Cor-
2
poration for National and Community Service—Office of 
3
Inspector General’’ in title IV of division A of the Further 
4
Consolidated Appropriations Act, 2020 (Public Law 116– 
5
94), are hereby permanently rescinded, and an amount of 
6
additional new budget authority equal to the amount re-
7
scinded is hereby appropriated on September 30, 2020, 
8
to remain available until September 30, 2021, for the 
9
same purposes and under the same authorities that they 
10
were originally made available in Public Law 116–94, 
11
which shall be in addition to any other funds available for 
12
such purposes: Provided, That such amount is designated 
13
by the Congress as being for an emergency requirement 
14
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
15
et and Emergency Deficit Control Act of 1985. 
16
(d)(1) Section 3514(b) of title III of division A of 
17
Public Law 116–136 is hereby repealed, and such section 
18
shall be applied hereafter as if such subsection had never 
19
been enacted. 
20
(2)(A) IN
GENERAL.—The amounts provided 
21
under this subsection are designated as an emer-
22
gency requirement pursuant to section 4(g) of the 
23
Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 
24
933(g)), and the budgetary effects shall not be en-
25
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113 
HR 6800 PCS
tered on either PAYGO scorecard maintained pursu-
1
ant to section 4(d) of such Act. 
2
(B) DESIGNATION
IN
THE
SENATE.—In the 
3
Senate, this subsection is designated as an emer-
4
gency requirement pursuant to section 4112(a) of H. 
5
Con. Res. 71 (115th Congress), the concurrent reso-
6
lution on the budget for fiscal year 2018, and the 
7
budgetary effects shall not be entered on any 
8
PAYGO scorecard maintained for purposes of sec-
9
tion 4106 of such concurrent resolution. 
10
(C) 
CLASSIFICATION
OF
BUDGETARY
EF-
11
FECTS.—Notwithstanding Rule 3 of the Budget 
12
Scorekeeping Guidelines set forth in the joint ex-
13
planatory statement of the committee of conference 
14
accompanying Conference Report 105–217 and sec-
15
tion 250(c)(7) and (c)(8) of the Balanced Budget 
16
and Emergency Deficit Control Act of 1985, the 
17
budgetary effects of this subsection shall not be esti-
18
mated— 
19
(i) for purposes of section 251 of such Act; 
20
and 
21
(ii) for purposes of paragraph (4)(C) of 
22
section 3 of the Statutory Pay As-You-Go Act 
23
of 2010 as being included in an appropriation 
24
Act. 
25
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INSTITUTE OF MUSEUM AND LIBRARY SERVICES 
1
OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS 
2
AND ADMINISTRATION 
3
For an additional amount for ‘‘Institute of Museum 
4
and Library Services’’, $5,000,000, to remain available 
5
until September 30, 2021, to prevent, prepare for, and re-
6
spond to coronavirus, including grants to States, terri-
7
tories, tribes, museums, and libraries, to expand digital 
8
network access, purchase internet accessible devices, pro-
9
vide technical support services, and for operational ex-
10
penses: Provided, That any matching funds requirements 
11
for States, tribes, libraries, and museums are waived for 
12
grants provided with funds made available under this 
13
heading in this Act: Provided further, That such amount 
14
is designated by the Congress as being for an emergency 
15
requirement pursuant to section 251(b)(2)(A)(i) of the 
16
Balanced Budget and Emergency Deficit Control Act of 
17
1985. 
18
RAILROAD RETIREMENT BOARD 
19
LIMITATION ON ADMINISTRATION 
20
For an additional amount for ‘‘Limitation on Admin-
21
istration’’, $4,500,000, to remain available until Sep-
22
tember 30, 2021, to prevent, prepare for, and respond to 
23
coronavirus, including the expeditious dispensation of rail-
24
road unemployment insurance benefits, and to support 
25
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full-time equivalents and overtime hours as needed to ad-
1
minister the Railroad Unemployment Insurance Act: Pro-
2
vided, That such amount is designated by the Congress 
3
as being for an emergency requirement pursuant to sec-
4
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
5
gency Deficit Control Act of 1985. 
6
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL 
7
For an additional amount for ‘‘Office of the Inspector 
8
General’’, $500,000, to remain available until expended, 
9
to prevent, prepare for, and respond to coronavirus, in-
10
cluding salaries and expenses necessary for oversight, in-
11
vestigations and audits of the Railroad Retirement Board 
12
and railroad unemployment insurance benefits funded in 
13
this Act and Public Law 116–136: Provided, That such 
14
amount is designated by the Congress as being for an 
15
emergency 
requirement 
pursuant 
to 
section 
16
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
17
Deficit Control Act of 1985. 
18
GENERAL PROVISIONS—THIS TITLE 
19
SEC. 10608. Notwithstanding any other provision of 
20
law, funds made available under each heading in this title 
21
shall only be used for the purposes specifically described 
22
under that heading. 
23
SEC. 10609. Funds appropriated by this title may be 
24
used by the Secretary of the Health and Human Services 
25
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116 
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to appoint, without regard to the provisions of sections 
1
3309 through 3319 of title 5 of the United States Code, 
2
candidates needed for positions to perform critical work 
3
relating to coronavirus for which— 
4
(1) public notice has been given; and 
5
(2) the Secretary has determined that such a 
6
public health threat exists. 
7
SEC. 10610. Funds made available by this title may 
8
be used to enter into contracts with individuals for the 
9
provision of personal services (as described in section 104 
10
of part 37 of title 48, Code of Federal Regulations (48 
11
CFR 37.104)) to support the prevention of, preparation 
12
for, or response to coronavirus, domestically and inter-
13
nationally, subject to prior notification to the Committees 
14
on Appropriations of the House of Representatives and the 
15
Senate: Provided, That such individuals may not be 
16
deemed employees of the United States for the purpose 
17
of any law administered by the Office of Personnel Man-
18
agement: Provided further, That the authority made avail-
19
able pursuant to this section shall expire on September 
20
30, 2024. 
21
SEC. 10611. Not later than 30 days after the date 
22
of enactment of this Act, the Secretary of Health and 
23
Human Services shall provide a detailed spend plan of an-
24
ticipated uses of funds made available to the Department 
25
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117 
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of Health and Human Services in this Act, including esti-
1
mated personnel and administrative costs, to the Commit-
2
tees on Appropriations of the House of Representatives 
3
and the Senate: Provided, That such plans shall be up-
4
dated and submitted to such Committees every 60 days 
5
until September 30, 2024: Provided further, That the 
6
spend plans shall be accompanied by a listing of each con-
7
tract obligation incurred that exceeds $5,000,000 which 
8
has not previously been reported, including the amount of 
9
each such obligation. 
10
SEC. 10612. Not later than September 30, 2020, the 
11
remaining unobligated balances of funds made available 
12
through September 30, 2020, under the heading ‘‘Na-
13
tional Institutes of Health’’ in the Further Consolidated 
14
Appropriations Act, 2020 (Public Law 116–94) are hereby 
15
permanently rescinded, and an amount of additional new 
16
budget authority equivalent to the amount rescinded from 
17
each account is hereby appropriated to that account, to 
18
remain available until September 30, 2021, and shall be 
19
available for the same purposes, in addition to other funds 
20
as may be available for such purposes, and under the same 
21
authorities for which the funds were originally provided 
22
in Public Law 116–94: Provided, That such amount is 
23
designated by the Congress as being for an emergency re-
24
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118 
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quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
1
anced Budget and Emergency Deficit Control Act of 1985. 
2
SEC. 10613. Funds made available in Public Law 
3
113–235 to the accounts of the National Institutes of 
4
Health that were available for obligation through fiscal 
5
year 2015 and were obligated for multi-year research 
6
grants shall be available through fiscal year 2021 for the 
7
liquidation of valid obligations if the Director of the Na-
8
tional Insitutes of Health determines the project suffered 
9
an interruption of activities attributable to SARS–CoV– 
10
2: Provided, That such amount is designated by the Con-
11
gress as being for an emergency requirement pursuant to 
12
section 251(b)(2)(A)(i) of the Balanced Budget and 
13
Emergency Deficit Control Act of 1985. 
14
SEC. 10614. Of the funds appropriated by this title 
15
under the heading ‘‘Public Health and Social Services 
16
Emergency Fund’’, $75,000,000 shall be transferred to, 
17
and merged with, funds made available under the heading 
18
‘‘Office of the Secretary, Office of Inspector General’’, and 
19
shall remain available until expended, for oversight of ac-
20
tivities supported with funds appropriated to the Depart-
21
ment of Health and Human Services in this Act: Provided, 
22
That the Inspector General of the Department of Health 
23
and Human Services shall consult with the Committees 
24
on Appropriations of the House of Representatives and the 
25
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Senate prior to obligating such funds: Provided further, 
1
That the transfer authority provided by this section is in 
2
addition to any other transfer authority provided by law. 
3
TITLE VII—LEGISLATIVE BRANCH 
4
HOUSE OF REPRESENTATIVES 
5
For an additional amount for the ‘‘House of Rep-
6
resentatives’’, $5,000,000, to remain available until Sep-
7
tember 30, 2021, for necessary expenses to prevent, pre-
8
pare for, and respond to coronavirus: Provided, That the 
9
amounts made available under this heading in this Act 
10
shall be allocated in accordance with a spend plan sub-
11
mitted to the Committee on Appropriations of the House 
12
of Representatives by the Chief Administrative Officer and 
13
approved by such Committee: Provided further, That such 
14
amount is designated by the Congress as being for an 
15
emergency 
requirement 
pursuant 
to 
section 
16
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
17
Deficit Control Act of 1985. 
18
GOVERNMENT ACCOUNTABILITY OFFICE 
19
SALARIES AND EXPENSES 
20
For an additional amount for ‘‘Salaries and Ex-
21
penses’’, $30,000,000, to remain available until expended, 
22
for audits and investigations relating to COVID–19 or 
23
similar pandemics, as well as any related stimulus funding 
24
to assist the United States response to health and eco-
25
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120 
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nomic vulnerabilities to pandemics: Provided, That, not 
1
later than 90 days after the date of enactment of this Act, 
2
the Government Accountability Office shall submit to the 
3
Committees on Appropriations of the House of Represent-
4
atives and the Senate a spend plan specifying funding esti-
5
mates and a timeline for such audits and investigations: 
6
Provided further, That such amount is designated by the 
7
Congress as being for an emergency requirement pursuant 
8
to section 251(b)(2)(A)(i) of the Balanced Budget and 
9
Emergency Deficit Control Act of 1985. 
10
TITLE VIII—DEPARTMENT OF STATE, FOREIGN 
11
OPERATIONS, AND RELATED PROGRAMS 
12
DEPARTMENT OF STATE 
13
ADMINISTRATION OF FOREIGN AFFAIRS 
14
OFFICE OF INSPECTOR GENERAL 
15
For an additional amount for ‘‘Office of Inspector 
16
General’’, $2,000,000, to remain available until September 
17
30, 2022, for oversight of funds administered by the De-
18
partment of State and made available to prevent, prepare 
19
for, and respond to coronavirus by this title and by prior 
20
acts: Provided, That such amount is designated by the 
21
Congress as being for an emergency requirement pursuant 
22
to section 251(b)(2)(A)(i) of the Balanced Budget and 
23
Emergency Deficit Control Act of 1985. 
24
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GENERAL PROVISIONS — THIS TITLE 
1
(INCLUDING TRANSFER OF FUNDS) 
2
SEC. 10801. Section 21005 of the Emergency Appro-
3
priations for Coronavirus Health Response and Agency 
4
Operations (division B of Public Law 116–136) is amend-
5
ed by inserting at the end before the period ‘‘and is further 
6
amended by striking ‘$5,563,619’ in the second proviso 
7
under the heading ‘Repatriation Loans Program Account’ 
8
and inserting in lieu thereof ‘$15,563,619’ ’’. 
9
SEC. 10802. Section 21009 of the Emergency Appro-
10
priations for Coronavirus Health Response and Agency 
11
Operations (division B of Public Law 116–136) is amend-
12
ed by striking ‘‘fiscal year 2020’’ and inserting in lieu 
13
thereof ‘‘fiscal years 2020 and 2021’’: Provided, That the 
14
amount provided by this section is designated by the Con-
15
gress as being for an emergency requirement pursuant to 
16
section 251(b)(2)(A)(i) of the Balanced Budget and 
17
Emergency Deficit Control Act of 1985. 
18
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TITLE IX 
1
TRANSPORTATION, HOUSING AND URBAN 
2
DEVELOPMENT, AND RELATED AGENCIES 
3
DEPARTMENT OF TRANSPORTATION 
4
FEDERAL AVIATION ADMINISTRATION 
5
OPERATIONS 
6
For 
an 
additional 
amount 
for 
‘‘Operations’’, 
7
$75,000,000, to remain available until September 30, 
8
2022, to prevent, prepare for, and respond to coronavirus: 
9
Provided, That amounts made available under this head-
10
ing in this Act shall be derived from the general fund, 
11
of which not less than $1,000,000 shall be for the Admin-
12
istrator to seek to enter into an agreement not later than 
13
45 days after the date of enactment of this Act with a 
14
research organization established under chapter 1503 of 
15
title 36, United States Code, to conduct a study to deter-
16
mine whether the environmental controls systems in com-
17
mercial airliners recirculate pathogens in the cabin air and 
18
to assess existing and potential technological solutions to 
19
reduce pathogen recirculation and to mitigate any elevated 
20
risk of exposure to pathogens in the cabin air: Provided 
21
further That such amount is designated by the Congress 
22
as being for an emergency requirement pursuant to sec-
23
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
24
gency Deficit Control Act of 1985. 
25
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FEDERAL HIGHWAY ADMINISTRATION 
1
HIGHWAY INFRASTRUCTURE PROGRAMS 
2
For an additional amount for ‘‘Highway Infrastruc-
3
ture Programs’’, $15,000,000,000, to remain available 
4
until expended: Provided, That the funds made available 
5
under this heading shall be derived from the general fund, 
6
shall be in addition to any funds provided for fiscal year 
7
2020 in this or any other Act for ‘‘Federal-aid Highways’’ 
8
under chapters 1 or 2 of title 23, United States Code, 
9
and shall not affect the distribution or amount of funds 
10
provided in any other Act: Provided further, That notwith-
11
standing chapter 1 of title 23, United States Code, or any 
12
other provision of law, a State, territory, Puerto Rico, or 
13
Indian Tribe may use funds made available under this 
14
heading in this Act for activities eligible under section 
15
133(b) of title 23, United States Code, for administrative 
16
and operations expenses, including salaries of employees 
17
(including those employees who have been placed on ad-
18
ministrative leave) or contractors, information technology 
19
needs, and availability payments: Provided further, That 
20
of the funds made available under this heading, 
21
$14,775,000,000 
shall 
be 
available 
for 
States, 
22
$150,000,000 shall be available for the Tribal Transpor-
23
tation Program, as described in section 202 of title 23, 
24
United States Code, $60,000,000 shall be available for the 
25
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124 
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Puerto Rico Highway Program, as described in section 
1
165(b)(2)(C)(iii) of such title; and $15,000,000 shall be 
2
available for under the Territorial Highway Program, as 
3
described in section 165(c)(6) of such title: Provided fur-
4
ther, That for the purposes of funds made available under 
5
this heading the term ‘‘State’’ means any of the 50 States 
6
or the District of Columbia: Provided further, That the 
7
funds made available under this heading for States shall 
8
be apportioned to States in the same ratio as the obliga-
9
tion limitation for fiscal year 2020 was distributed among 
10
the States in accordance with the formula specified in sec-
11
tion 120(a)(5) of division H of Public Law 116–94 and 
12
shall be apportioned not later than 30 days after the date 
13
of enactment of this Act: Provided further, That the funds 
14
made available under this heading shall be administered 
15
as if apportioned under chapter 1 of title 23, United 
16
States Code, except that activities eligible under the Tribal 
17
Transportation Program shall be administered as if allo-
18
cated under chapter 2 of title 23, United States Code: Pro-
19
vided further, That funds apportioned to a State under 
20
this heading shall be suballocated within the State to areas 
21
described in subsection 133(d)(1)(A)(i) of title 23, United 
22
States Code, in the same ratio that funds suballocated to 
23
those areas for fiscal year 2020 bears to the total amount 
24
of funds apportioned to the State for the Federal-aid high-
25
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125 
HR 6800 PCS
way program under section 104 of such title for fiscal year 
1
2020: Provided further, That of funds made available 
2
under this heading for activities eligible under section 
3
133(b) of title 23, United States Code, any such activity 
4
shall be subject to the requirements of section 133(i) of 
5
such title: Provided further, That, except as provided in 
6
the following proviso, the funds made available under this 
7
heading for activities eligible under the Puerto Rico High-
8
way Program and activities eligible under the Territorial 
9
Highway Program shall be administered as if allocated 
10
under sections 165(b) and 165(c), respectively, of such 
11
title: Provided further, That the funds made available 
12
under this heading for activities eligible under the Puerto 
13
Rico Highway Program shall not be subject to the require-
14
ments of sections 165(b)(2)(A) or 165(b)(2)(B) of such 
15
title: Provided further, That for amounts subject to the 
16
obligation limitation under the heading ‘‘Department of 
17
Transportation—Federal Highway Administration—Fed-
18
eral-aid Highways—(Limitation on Obligations)—(High-
19
way Trust Fund)’’ in Public Law 116–94 for fiscal year 
20
2020 that are obligated after the date of enactment of this 
21
Act, and for any amounts made available under this head-
22
ing in this Act, the Federal share of the costs shall be, 
23
at the option of the State, District of Columbia, territory, 
24
Puerto Rico, or Indian Tribe, up to 100 percent, and may 
25
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126 
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be available for administrative and operations expenses, 
1
including salaries of employees (including those employees 
2
who have been placed on administrative leave) or contrac-
3
tors, information technology needs, and availability pay-
4
ments: Provided further, That section 120(c) of Public 
5
Law 116–94 shall not apply for fiscal year 2020, and that 
6
amounts that would otherwise have been redistributed by 
7
section 120(c) shall be retained by States and shall be 
8
available for their original purpose until September 30, 
9
2021, except that such amounts shall be subject to such 
10
redistribution in fiscal year 2021: Provided further, That 
11
amounts made available under section 147 of title 23, 
12
United States Code, for fiscal years 2019 and 2020 are 
13
available for the administrative and operating expenses of 
14
eligible entities related to the response to a coronavirus 
15
public health emergency beginning on January 20, 2020, 
16
reimbursement for administrative and operating costs to 
17
maintain service including the purchase of personal pro-
18
tective equipment, and paying the administrative leave of 
19
operations personnel due to reductions in service: Provided 
20
further, That funds made available for administrative and 
21
operating expenses authorized for fiscal year 2020 in Pub-
22
lic Law 116–94 or in this Act under this heading are not 
23
required to be included in a transportation improvement 
24
program or a statewide transportation improvement pro-
25
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127 
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gram under sections 134 or 135 of title 23, United States 
1
Code, or chapter 53 of title 49, United States Code, as 
2
applicable: Provided further, That unless otherwise speci-
3
fied, applicable requirements under title 23, United States 
4
Code, shall apply to funds made available under this head-
5
ing: Provided further, That the Administrator of the Fed-
6
eral Highway Administration may retain up to one half 
7
of one percent of the funds made available under this 
8
heading to fund the oversight by the Administrator of ac-
9
tivities carried out with funds made available under this 
10
heading: Provided further, That such amount is designated 
11
by the Congress as being for an emergency requirement 
12
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
13
et and Emergency Deficit Control Act of 1985. 
14
FEDERAL TRANSIT ADMINISTRATION 
15
PUBLIC TRANSPORTATION EMERGENCY RELIEF 
16
For an additional amount for ‘‘Public Transportation 
17
Emergency Relief’’, $15,750,000,000, to remain available 
18
until expended, to prevent, prepare for, and respond to 
19
coronavirus: Provided, That of the amounts appropriated 
20
under this heading in this Act— 
21
(1) $11,750,000,000 shall be for grants to ur-
22
banized areas with populations over 3,000,000 and 
23
shall be allocated in the same ratio as funds were 
24
provided in fiscal year 2020: Provided, That 15 per-
25
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128 
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cent of the amounts provided in this paragraph shall 
1
be allocated as if such funds were provided under 
2
section 5307 of title 49, United States Code and ap-
3
portioned in accordance with section 5336 of such 
4
title (other than subsection (b)(3) and (c)(1)(A)) 
5
and 85 percent of the amounts provided in this 
6
paragraph shall be allocated under section 5337 of 
7
such title and apportioned in accordance with such 
8
section: Provided further, That funds provided under 
9
section 5337 shall be added to funds apportioned 
10
under section 5307 for administration in accordance 
11
with provisions under section 5307: Provided further, 
12
That for urbanized areas with multiple subrecipi-
13
ents, funds provided under section 5337 in this 
14
paragraph shall be distributed among subrecipients 
15
using the same ratio used to distribute funds made 
16
available for section 5337 in fiscal year 2020; and 
17
(2) $4,000,000,000 shall be for grants to tran-
18
sit agencies that, as a result of coronavirus, require 
19
significant additional assistance to maintain basic 
20
transit services: Provided, That such funds shall be 
21
administered as if they were provided under section 
22
5324 of title 49, United States Code: Provided fur-
23
ther, That any recipient or subrecipient of funds 
24
under chapter 53 of title 49, United States Code, or 
25
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129 
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an intercity bus service provider that has, since Oc-
1
tober 1, 2018, partnered with a recipient or sub-
2
recipient in order to meet the requirements of sec-
3
tion 5311(f) of such title shall be eligible to directly 
4
apply for funds under this paragraph: Provided fur-
5
ther, That entities that are subrecipients of funds 
6
under chapter 53 of title 49 and have partnered with 
7
a recipient or subrecipient in order to meet the re-
8
quirements of section 5311(f) of such title shall be 
9
eligible to receive not more than 18.75 percent of 
10
the total funds provided under this paragraph: Pro-
11
vided further, That such entities shall use assistance 
12
provided under this heading only for workforce re-
13
tention or, the recall or rehire of any laid off, fur-
14
loughed, or terminated employee, associated with the 
15
provision of bus service: Provided further, That, the 
16
Secretary shall issue a Notice of Funding Oppor-
17
tunity not later than 30 days after the date of enact-
18
ment of this Act and that such Notice of Funding 
19
Opportunity shall require application submissions 
20
not later than 45 days after the enactment of this 
21
Act: Provided further, That the Secretary shall make 
22
awards not later than 45 days after the application 
23
deadline: Provided further, That the Secretary shall 
24
require grantees to provide estimates of financial 
25
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need, data on reduced ridership, and a spending 
1
plan for funds: Provided further, That when evalu-
2
ating applications for assistance, the Secretary shall 
3
give priority to transit agencies with the largest rev-
4
enue loss as a percentage of their operating ex-
5
penses: Provided further, That if applications for as-
6
sistance do not exceed available funds, the Secretary 
7
shall reserve the remaining amounts for grantees to 
8
prevent, prepare for, and respond to coronavirus and 
9
shall accept applications on a rolling basis: Provided 
10
further, That if amounts made available under this 
11
heading in this Act remain unobligated on December 
12
31, 2021, such amounts shall be available for any 
13
purpose eligible under section 5324 of title 49, 
14
United States Code: 
15
Provided further, That the provision of funds under this 
16
section shall not affect the ability of any other agency of 
17
the Government, including the Federal Emergency Man-
18
agement Agency, or State agency, a local governmental 
19
entity, organization, or person, to provide any other funds 
20
otherwise authorized by law: Provided further, That not-
21
withstanding subsection (a)(1) or (b) of section 5307 of 
22
title 49, United States Code, subsection (a)(1) of section 
23
5324 of such title, or any provision of chapter 53 of title 
24
49, funds provided under this heading in this Act are 
25
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available for the operating expenses of transit agencies re-
1
lated to the response to a coronavirus public health emer-
2
gency, including, beginning on January 20, 2020, reim-
3
bursement for operating costs to maintain service and lost 
4
revenue due to the coronavirus public health emergency, 
5
including the purchase of personal protective equipment, 
6
and paying the administrative leave of operations or con-
7
tractor personnel due to reductions in service: Provided 
8
further, That to the maximum extent possible, funds made 
9
available under this heading in this Act and in title XII 
10
of division B of the CARES Act (Public Law 116–136) 
11
shall be directed to payroll and public transit service, un-
12
less the recipient certifies to the Secretary they have not 
13
furloughed any employees: Provided further, That such op-
14
erating expenses are not required to be included in a 
15
transportation improvement program, long-range trans-
16
portation plan, statewide transportation plan, or a state-
17
wide transportation improvement program: Provided fur-
18
ther, That the Secretary shall not waive the requirements 
19
of section 5333 of title 49, United States Code, for funds 
20
appropriated under this heading in this Act: Provided fur-
21
ther, That unless otherwise specified, applicable require-
22
ments under chapter 53 of title 49, United States Code, 
23
shall apply to funding made available under this heading 
24
in this Act, except that the Federal share of the costs for 
25
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which any grant is made under this heading in this Act 
1
shall be, at the option of the recipient, up to 100 percent: 
2
Provided further, That the amount made available under 
3
this heading in this Act shall be derived from the general 
4
fund and shall not be subject to any limitation on obliga-
5
tions for transit programs set forth in any Act: Provided 
6
further, That not more than one-half of one percent of the 
7
funds for transit infrastructure grants provided under this 
8
heading in this Act shall be available for administrative 
9
expenses and ongoing program management oversight as 
10
authorized under sections 5334 and 5338(f)(2) of title 49, 
11
United States Code, and shall be in addition to any other 
12
appropriations for such purpose: Provided further, That 
13
such amount is designated by the Congress as being for 
14
an 
emergency 
requirement 
pursuant 
to 
section 
15
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
16
Deficit Control Act of 1985. 
17
DEPARTMENT OF HOUSING AND URBAN 
18
DEVELOPMENT 
19
PUBLIC AND INDIAN HOUSING 
20
TENANT-BASED RENTAL ASSISTANCE 
21
(INCLUDING TRANSFER OF FUNDS) 
22
For an additional amount for ‘‘Tenant-Based Rental 
23
Assistance’’, $4,000,000,000, to remain available until ex-
24
pended, and to be used under the same authority and con-
25
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ditions as the additional appropriations for fiscal year 
1
2020 under this heading in title XII of division B of the 
2
CARES Act (Public Law 116–136), except that any 
3
amounts provided for administrative expenses and other 
4
expenses of public housing agencies for their section 8 pro-
5
grams, including Mainstream vouchers, under this heading 
6
in the CARES Act (Public Law 116–136) and under this 
7
heading in this Act shall also be available for Housing As-
8
sistance Payments under section 8(o) of the United States 
9
Housing Act of 1937 (42 U.S.C. 1437f(o)): Provided, 
10
That amounts made available under this heading in this 
11
Act and under the same heading in title XII of division 
12
B of the CARES Act may be used to cover or reimburse 
13
allowable costs incurred to prevent, prepare for, and re-
14
spond to coronavirus regardless of the date on which such 
15
costs were incurred: Provided further, That of the amounts 
16
made available under this heading in this Act, 
17
$500,000,000 shall be available for administrative ex-
18
penses and other expenses of public housing agencies for 
19
their section 8 programs, including Mainstream vouchers: 
20
Provided further, That of the amounts made available 
21
under this heading in this Act, $2,500,000,000 shall be 
22
available for adjustments in the calendar year 2020 sec-
23
tion 8 renewal funding allocations, including Mainstream 
24
vouchers, for public housing agencies that experience a 
25
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significant increase in voucher per-unit costs due to ex-
1
traordinary circumstances or that, despite taking reason-
2
able cost savings measures, as determined by the Sec-
3
retary, would otherwise be required to terminate rental as-
4
sistance for families as a result of insufficient funding: 
5
Provided further, That of the amounts made available 
6
under this heading in this Act, $1,000,000,000 shall be 
7
used for incremental rental voucher assistance under sec-
8
tion 8(o) of the United States Housing Act of 1937 for 
9
use by individuals and families who are—homeless, as de-
10
fined under section 103(a) of the McKinney-Vento Home-
11
less Assistance Act (42 U.S.C. 11302(a)); at risk of home-
12
lessness, as defined under section 401(1) of the McKin-
13
ney-Vento Homeless Assistance Act (42 U.S.C. 11360(1)); 
14
or fleeing, or attempting to flee, domestic violence, dating 
15
violence, sexual assault, or stalking: Provided further, That 
16
the Secretary shall allocate amounts made available in the 
17
preceding proviso to public housing agencies not later than 
18
60 days after the date of enactment of this Act, according 
19
to a formula that considers the ability of the public hous-
20
ing agency to use vouchers promptly and the need of geo-
21
graphical areas based on factors to be determined by the 
22
Secretary, such as risk of transmission of coronavirus, 
23
high numbers or rates of sheltered and unsheltered home-
24
lessness, and economic and housing market conditions: 
25
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Provided further, That if a public housing authority elects 
1
not to administer or does not promptly issue all of its au-
2
thorized vouchers within a reasonable period of time, the 
3
Secretary shall reallocate any unissued vouchers and asso-
4
ciated funds to other public housing agencies according 
5
to the criteria in the preceding proviso: Provided further, 
6
That a public housing agency shall not reissue any vouch-
7
ers under this heading in this Act for incremental rental 
8
voucher assistance when assistance for the family initially 
9
assisted is terminated: Provided further, That upon termi-
10
nation of incremental rental voucher assistance under this 
11
heading in this Act for one or more families assisted by 
12
a public housing agency, the Secretary shall reallocate 
13
amounts that are no longer needed by such public housing 
14
agency for assistance under this heading in this Act to 
15
another public housing agency for the renewal of vouchers 
16
previously authorized under this heading in this Act: Pro-
17
vided further, That amounts made available in this para-
18
graph are in addition to any other amounts made available 
19
for such purposes: Provided further, That up to 0.5 per-
20
cent of the amounts made available under this heading 
21
in this Act may be transferred, in aggregate, to ‘‘Depart-
22
ment of Housing and Urban Development, Program Of-
23
fices—Public and Indian Housing’’ to supplement existing 
24
resources for the necessary costs of administering and 
25
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overseeing the obligation and expenditure of these 
1
amounts, to remain available until September 30, 2024: 
2
Provided further, That such amount is designated by the 
3
Congress as being for an emergency requirement pursuant 
4
to section 251(b)(2)(A)(i) of the Balanced Budget and 
5
Emergency Deficit Control Act of 1985. 
6
PUBLIC HOUSING OPERATING FUND 
7
(INCLUDING TRANSFER OF FUNDS) 
8
For an additional amount for ‘‘Public Housing Oper-
9
ating Fund’’, as authorized by section 9(e) of the United 
10
States Housing Act of 1937 (42 U.S.C. 1437g(e)), 
11
$2,000,000,000, to remain available until September 30, 
12
2021, and to be used under the same authority and condi-
13
tions as the additional appropriations for fiscal year 2020 
14
under this heading in title XII of division B of the CARES 
15
Act (Public Law 116–136): Provided, That amounts made 
16
available under this heading in this Act and under the 
17
same heading in title XII of division B of the CARES Act 
18
may be used to cover or reimburse allowable costs incurred 
19
to prevent, prepare for, and respond to coronavirus re-
20
gardless of the date on which such costs were incurred: 
21
Provided further, That up to 0.5 percent of the amounts 
22
made available under this heading in this Act may be 
23
transferred, in aggregate, to ‘‘Department of Housing and 
24
Urban Development, Program Offices—Public and Indian 
25
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137 
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Housing’’ to supplement existing resources for the nec-
1
essary costs of administering and overseeing the obligation 
2
and expenditure of these amounts, to remain available 
3
until September 30, 2024: Provided further, That such 
4
amount is designated by the Congress as being for an 
5
emergency 
requirement 
pursuant 
to 
section 
6
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
7
Deficit Control Act of 1985. 
8
COMMUNITY PLANNING AND DEVELOPMENT 
9
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 
10
For an additional amount for ‘‘Housing Opportuni-
11
ties for Persons with AIDS’’, $15,000,000, to remain 
12
available until September 30, 2021, and to be used under 
13
the same authority and conditions as the additional appro-
14
priations for fiscal year 2020 under this heading in title 
15
XII of division B of the CARES Act (Public Law 116– 
16
136): Provided, That amounts provided under this heading 
17
in this Act that are allocated pursuant to section 854(c)(5) 
18
of the AIDS Housing Opportunity Act (42 U.S.C. 12901 
19
et seq.) shall remain available until September 30, 2022: 
20
Provided further, That not less than $15,000,000 of the 
21
amount provided under this heading in this Act shall be 
22
allocated pursuant to the formula in section 854 of such 
23
Act using the same data elements as utilized pursuant to 
24
that same formula in fiscal year 2020: Provided further, 
25
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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
COMMUNITY DEVELOPMENT FUND 
5
(INCLUDING TRANSFER OF FUNDS) 
6
For an additional amount for ‘‘Community Develop-
7
ment Fund’’, $5,000,000,000, to remain available until 
8
September 30, 2023, and to be used under the same au-
9
thority and conditions as the additional appropriations for 
10
fiscal year 2020 under this heading in title XII of division 
11
B of the CARES Act (Public Law 116–136): Provided, 
12
That such amount made available under this heading in 
13
this Act shall be distributed pursuant to section 106 of 
14
the Housing and Community Development Act of 1974 
15
(42 U.S.C. 5306) to grantees that received allocations 
16
pursuant to such formula in fiscal year 2020, and that 
17
such allocations shall be made within 30 days of enact-
18
ment of this Act: Provided further, That in administering 
19
funds under this heading, an urban county shall consider 
20
needs throughout the entire urban county configuration 
21
to prevent, prepare for, and respond to coronavirus: Pro-
22
vided further, That up to $100,000,000 of amounts made 
23
available under this heading in this Act may be used to 
24
make new awards or increase prior awards to existing 
25
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technical assistance providers: Provided further, That of 
1
the amounts made available under this heading in this 
2
Act, up to $25,000,000 may be transferred to ‘‘Depart-
3
ment of Housing and Urban Development, Program Of-
4
fices—Community Planning and Development’’ for nec-
5
essary costs of administering and overseeing the obligation 
6
and expenditure of amounts under this heading in this 
7
Act, to remain available until September 30, 2028: Pro-
8
vided further, That such amount is designated by the Con-
9
gress as being for an emergency requirement pursuant to 
10
section 251(b)(2)(A)(i) of the Balanced Budget and 
11
Emergency Deficit Control Act of 1985. 
12
HOMELESS ASSISTANCE GRANTS 
13
(INCLUDING TRANSFER OF FUNDS) 
14
For an additional amount for ‘‘Homeless Assistance 
15
Grants’’, $11,500,000,000, to remain available until Sep-
16
tember 30, 2025, for the Emergency Solutions Grants pro-
17
gram as authorized under subtitle B of title IV of the 
18
McKinney-Vento Homeless Assistance Act (42 U.S.C. 
19
11371 et seq.), as amended, and to be used under the 
20
same authority and conditions as the additional appropria-
21
tions for fiscal year 2020 under this heading in title XII 
22
of division B of the CARES Act (Public Law 116–136): 
23
Provided, That $4,000,000,000 of the amount made avail-
24
able under this heading in this Act shall be distributed 
25
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140 
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pursuant to 24 CFR 576.3 to grantees that received allo-
1
cations pursuant to that same formula in fiscal year 2020, 
2
and that such allocations shall be made within 30 days 
3
of enactment of this Act: Provided further, That, in addi-
4
tion to amounts allocated in the preceding proviso, remain-
5
ing amounts shall be allocated directly to a State or unit 
6
of general local government by the formula specified in 
7
the third proviso under this heading in title XII of division 
8
B of the CARES Act (Public Law 116–136): Provided fur-
9
ther, That not later than 90 days after the date of enact-
10
ment of this Act and every 60 days thereafter, the Sec-
11
retary shall allocate a minimum of an additional 
12
$500,000,000, pursuant to the formula referred to in the 
13
preceding proviso, based on the best available data: Pro-
14
vided further, That up to 0.5 percent of the amounts made 
15
available under this heading in this Act may be trans-
16
ferred to ‘‘Department of Housing and Urban Develop-
17
ment—Program Offices—Community Planning and De-
18
velopment’’ for necessary costs of administering and over-
19
seeing the obligation and expenditure of amounts under 
20
this heading in this Act, to remain available until Sep-
21
tember 30, 2030: Provided further, That funds made avail-
22
able under this heading in this Act and under this heading 
23
in title XII of division B of the CARES Act (Public Law 
24
116–136) may be used for eligible activities the Secretary 
25
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determines to be critical in order to assist survivors of do-
1
mestic violence, sexual assault, dating violence, and stalk-
2
ing or to assist homeless youth, age 24 and under: Pro-
3
vided further, That amounts repurposed by this paragraph 
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: Provided 
10
further, That such amount is designated by the Congress 
11
as being for an emergency requirement pursuant to sec-
12
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
13
gency Deficit Control Act of 1985. 
14
EMERGENCY RENTAL ASSISTANCE 
15
For activities and assistance authorized in section 
16
110201, $100,000,000,000, to remain available until ex-
17
pended: 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
HOUSING PROGRAMS 
22
PROJECT-BASED RENTAL ASSISTANCE 
23
For an additional amount for ‘‘Project-Based Rental 
24
Assistance’’, $750,000,000, to remain available until ex-
25
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142 
HR 6800 PCS
pended, and to be used under the same authority and con-
1
ditions as the additional appropriations for fiscal year 
2
2020 under this heading in title XII of division B of the 
3
CARES Act (Public Law 116–136): Provided, That such 
4
amount is designated by the Congress as being for an 
5
emergency 
requirement 
pursuant 
to 
section 
6
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
7
Deficit Control Act of 1985. 
8
HOUSING FOR THE ELDERLY 
9
For an additional amount for ‘‘Housing for the El-
10
derly’’, $500,000,000, to remain available until September 
11
30, 2023, and to be used under the same authority and 
12
conditions as the additional appropriations for fiscal year 
13
2020 under this heading in title XII of division B of the 
14
CARES Act (Public Law 116–136): Provided, That not-
15
withstanding the first proviso under this heading in the 
16
CARES Act, $300,000,000 of the amount made available 
17
under this heading in this Act shall be for one-time grants 
18
for service coordinators, as authorized under section 676 
19
of the Housing and Community Development Act of 1992 
20
(42 U.S.C. 13632), and the continuation of existing con-
21
gregate service grants for residents of assisted housing 
22
projects: Provided further, That such amount is designated 
23
by the Congress as being for an emergency requirement 
24
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143 
HR 6800 PCS
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
1
et and Emergency Deficit Control Act of 1985. 
2
HOUSING FOR PERSONS WITH DISABILITIES 
3
For an additional amount for ‘‘Housing for Persons 
4
with Disabilities’’, $200,000,000, to remain available until 
5
September 30, 2023, and to be used under the same au-
6
thority and conditions as the additional appropriations for 
7
fiscal year 2020 under this heading in title XII of division 
8
B of the CARES Act (Public Law 116–136): Provided, 
9
That such amount is designated by the Congress as being 
10
for an emergency requirement pursuant to section 
11
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
12
Deficit Control Act of 1985. 
13
HOUSING COUNSELING ASSISTANCE 
14
For an additional amount for ‘‘Housing Counseling 
15
Assistance’’, for contracts, grants, and other assistance 
16
excluding loans, as authorized under section 106 of the 
17
Housing 
and 
Urban 
Development 
Act 
of 
1968, 
18
$100,000,000, to remain available until September 30, 
19
2022, including up to $8,000,000 for administrative con-
20
tract services: Provided, That funds made available under 
21
this heading in this Act shall be used for providing coun-
22
seling and advice to tenants and homeowners, both current 
23
and prospective, with respect to property maintenance, fi-
24
nancial management or literacy, foreclosure and eviction 
25
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mitigation, and such other matters as may be appropriate 
1
to assist them in improving their housing conditions, meet-
2
ing their financial needs, and fulfilling the responsibilities 
3
of tenancy or homeownership; for program administration; 
4
and for housing counselor training: Provided further, That 
5
amounts made available under this heading in this Act 
6
may be used to purchase equipment and technology to de-
7
liver services through use of the Internet or other elec-
8
tronic or virtual means in response to the public health 
9
emergency related to the Coronavirus Disease 2019 
10
(COVID–19) pandemic: Provided further, That for pur-
11
poses of providing such grants from amounts provided 
12
under this heading, the Secretary may enter into 
13
multiyear agreements, as appropriate, subject to the avail-
14
ability of annual appropriations: Provided further, That 
15
such amount is designated by the Congress as being for 
16
an 
emergency 
requirement 
pursuant 
to 
section 
17
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
18
Deficit Control Act of 1985. 
19
FAIR HOUSING AND EQUAL OPPORTUNITY 
20
FAIR HOUSING ACTIVITIES 
21
For an additional amount for ‘‘Fair Housing Activi-
22
ties’’, $14,000,000, to remain available until September 
23
30, 2022, and to be used under the same authority and 
24
conditions as the additional appropriations for fiscal year 
25
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2020 under this heading in title XII of division B of the 
1
CARES Act (Public Law 116–136): Provided, That of the 
2
funds made available under this heading in this Act, 
3
$4,000,000 shall be for Fair Housing Organization Initia-
4
tive grants through the Fair Housing Initiatives Program 
5
(FHIP), made available to existing grantees, which may 
6
be used for fair housing activities and for technology and 
7
equipment needs to deliver services through use of the 
8
Internet or other electronic or virtual means in response 
9
to the public health emergency related to the Coronavirus 
10
Disease 2019 (COVID–19) pandemic: Provided further, 
11
That of the funds made available under this heading in 
12
this Act, $10,000,000 shall be for FHIP Education and 
13
Outreach grants made available to previously-funded na-
14
tional media grantees and State and local education and 
15
outreach grantees, to educate the public and the housing 
16
industry about fair housing rights and responsibilities dur-
17
ing the COVID–19 pandemic: Provided further, That such 
18
grants in the preceding proviso shall be divided evenly be-
19
tween the national media campaign and education and 
20
outreach activities: Provided further, That such amount is 
21
designated by the Congress as being for an emergency re-
22
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
23
anced Budget and Emergency Deficit Control Act of 1985. 
24
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GENERAL PROVISIONS—THIS TITLE 
1
(INCLUDING RESCISSIONS) 
2
SEC. 10901. There is hereby appropriated from the 
3
General Fund of the Treasury, for payment to the Airport 
4
and Airway Trust Fund, an amount equal to the amount 
5
authorized by section 9502(c) of title 26, United States 
6
Code. 
7
SEC. 10902. Amounts previously made available in 
8
the Further Continuing Appropriations Act, 2013 (Public 
9
Law 113–6) for the heading ‘‘Department of Housing and 
10
Urban Development—Public and Indian Housing—Choice 
11
Neighborhoods Initiative’’ shall remain available for ex-
12
penditure for the purpose of paying valid obligations in-
13
curred prior to the expiration of such amounts through 
14
September 30, 2021. 
15
SEC. 10903. The provision under the heading ‘‘Office 
16
of the Inspector General—Salaries and Expenses’’ in title 
17
XII of division B of the Coronavirus Aid, Relief, and Eco-
18
nomic Security Act (Public Law 116–136) is amended by 
19
striking ‘‘with funds made available in this Act to’’ and 
20
inserting ‘‘by’’: Provided, That the amounts repurposed in 
21
this section that were previously designated by the Con-
22
gress as an emergency requirement pursuant to the Bal-
23
anced Budget and Emergency Deficit Control Act of 1985 
24
are designated by the Congress as an emergency require-
25
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147 
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ment pursuant to section 251(b)(2)(A)(i) of the Balanced 
1
Budget and Emergency Deficit Control Act of 1985. 
2
SEC. 
10904. 
(a) 
Notwithstanding 
section 
3
51309(a)(1)(B) of title 46, United States Code, for fiscal 
4
year 2020, the Secretary of Transportation may confer the 
5
degree of bachelor of science on an individual who has not 
6
passed the examination for a merchant marine officer’s 
7
license due to intervening efforts to prevent, prepare for, 
8
and respond to coronavirus. 
9
(b) The Secretary of Transportation may provide 
10
such individual up to 1 year after receipt of such degree 
11
to pass the examination for a merchant marine officer’s 
12
license. 
13
(c) Nothing in this section shall be construed to allow 
14
the provision of a license under section 7101 of title 46, 
15
United States Code, to an individual who has not passed 
16
the required examination. 
17
SEC. 
10905. 
(a) 
Notwithstanding 
section 
18
51506(a)(3) of title 46, United States Code, for fiscal year 
19
2020, the Secretary of Transportation may allow a State 
20
maritime academy to waive a condition for graduation for 
21
an individual to pass the examination required for the 
22
issuance of a license under section 7101 of title 46, United 
23
States Code, due to intervening efforts to prevent, prepare 
24
for, and respond to coronavirus. 
25
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148 
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(b) The Secretary of Transportation may provide 
1
such individual up to 1 year after graduation to pass such 
2
examination. 
3
(c) Nothing in this section shall be construed to allow 
4
the provision of a license under section 7101 of title 46, 
5
United States Code, to an individual who has not passed 
6
the required examination. 
7
SEC. 10906. Amounts made available under the head-
8
ings ‘‘Project-Based Rental Assistance,’’ ‘‘Housing for the 
9
Elderly’’ and ‘‘Housing for Persons With Disabilities’’ in 
10
title XII of division B of the CARES Act (Public Law 
11
116–136) and under such headings in this title of this Act 
12
may be used, notwithstanding any other provision of law, 
13
to provide additional funds to maintain operations for 
14
such housing, for providing supportive services, and for 
15
taking other necessary actions to prevent, prepare for, and 
16
respond to coronavirus, including to actions to self-isolate, 
17
quarantine, or to provide other coronavirus infection con-
18
trol services as recommended by the Centers for Disease 
19
Control and Prevention, including providing relocation 
20
services for residents of such housing to provide lodging 
21
at hotels, motels, or other locations: Provided, That the 
22
amounts repurposed pursuant to this section that were 
23
previously designated by the Congress as an emergency 
24
requirement pursuant to the Balanced Budget and Emer-
25
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149 
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gency Deficit Control Act of 1985 are designated by the 
1
Congress as an emergency requirement pursuant to sec-
2
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
3
gency Deficit Control Act of 1985. 
4
TITLE X 
5
GENERAL PROVISIONS—THIS DIVISION 
6
SEC. 11001. Not later than 30 days after the date 
7
of enactment of this Act, the head of each executive agen-
8
cy that receives funding in any division of this Act, or that 
9
received funding in the Coronavirus Preparedness and Re-
10
sponse Supplemental Appropriations Act, 2020 (division 
11
A of Public Law 116–123), the Second Coronavirus Pre-
12
paredness and Response Supplemental Appropriations 
13
Act, 2020 (division A of Public Law 116–127), the 
14
CARES Act (Public Law 116–136), or the Paycheck Pro-
15
tection Program and Health Care Enhancement Act (Pub-
16
lic Law 116–139) shall provide a report detailing the an-
17
ticipated uses of all such funding to the Committees on 
18
Appropriations of the House of Representatives and the 
19
Senate: Provided, That each report shall include estimated 
20
personnel and administrative costs, as well as the total 
21
amount of funding apportioned, allotted, obligated, and 
22
expended, to date: Provided further, That each such report 
23
shall be updated and submitted to such Committees every 
24
60 days until all funds are expended or expire: Provided 
25
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150 
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further, That reports submitted pursuant to this section 
1
shall satisfy the requirements of section 1701 of division 
2
A of Public Law 116–127. 
3
SEC. 11002. Each amount appropriated or made 
4
available by this Act is in addition to amounts otherwise 
5
appropriated for the fiscal year involved. 
6
SEC. 11003. No part of any appropriation contained 
7
in this Act shall remain available for obligation beyond 
8
the current fiscal year unless expressly so provided herein. 
9
SEC. 11004. Unless otherwise provided for by this 
10
Act, the additional amounts appropriated by this Act to 
11
appropriations accounts shall be available under the au-
12
thorities and conditions applicable to such appropriations 
13
accounts for fiscal year 2020. 
14
SEC. 11005. Each amount designated in this Act by 
15
the Congress as being for an emergency requirement pur-
16
suant to section 251(b)(2)(A)(i) of the Balanced Budget 
17
and Emergency Deficit Control Act of 1985 shall be avail-
18
able (or rescinded or transferred, if applicable) only if the 
19
President subsequently so designates all such amounts 
20
and transmits such designations to the Congress. 
21
SEC. 11006. Any amount appropriated by this Act, 
22
designated by the Congress as an emergency requirement 
23
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
24
et and Emergency Deficit Control Act of 1985 and subse-
25
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151 
HR 6800 PCS
quently so designated by the President, and transferred 
1
pursuant to transfer authorities provided by this Act shall 
2
retain such designation. 
3
SEC. 11007. (a) Any contract or agreement entered 
4
into by an agency with a State or local government or any 
5
other non-Federal entity for the purposes of providing cov-
6
ered assistance, including any information and documents 
7
related to the performance of and compliance with such 
8
contract or agreement, shall be— 
9
(1) deemed an agency record for purposes of 
10
section 552(f)(2) of title 5, United States Code; and 
11
(2) subject to section 552 of title 5, United 
12
States Code (commonly known as the ‘‘Freedom of 
13
Information Act’’). 
14
(b) In this section— 
15
(1) the term ‘‘agency’’ has the meaning given 
16
the term in section 551 of title 5, United States 
17
Code; and 
18
(2) the term ‘‘covered assistance’’— 
19
(A) means any assistance provided by an 
20
agency in accordance with an Act or amend-
21
ments made by an Act to provide aid, assist-
22
ance, or funding related to the outbreak of 
23
COVID–19 that is enacted before, on, or after 
24
the date of enactment of this Act; and 
25
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152 
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(B) includes any such assistance made 
1
available by an agency under— 
2
(i) this Act; 
3
(ii) the Paycheck Protection Program 
4
and Health Care Enhancement Act (Public 
5
Law 116–139), or an amendment made by 
6
that Act; 
7
(iii) the CARES Act (Public Law 
8
116–136), or an amendment made by that 
9
Act; 
10
(iv) the Families First Coronavirus 
11
Response Act (Public Law 116–127), or an 
12
amendment made by that Act; or 
13
(v) the Coronavirus Preparedness and 
14
Response 
Supplemental 
Appropriations 
15
Act, 2020 (Public Law 116–123), or an 
16
amendment made by that Act. 
17
SEC. 11008. (a) Notwithstanding any other provision 
18
of law and in a manner consistent with other provisions 
19
in any division of this Act, all laborers and mechanics em-
20
ployed by contractors and subcontractors on projects fund-
21
ed directly by or assisted in whole or in part by and 
22
through the Federal Government pursuant to any division 
23
of this Act shall be paid wages at rates not less than those 
24
prevailing on projects of a character similar in the locality 
25
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153 
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as determined by the Secretary of Labor in accordance 
1
with subchapter IV of chapter 31 of title 40, United States 
2
Code. With respect to the labor standards specified in this 
3
section, the Secretary of Labor shall have the authority 
4
and functions set forth in Reorganization Plan Numbered 
5
14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
6
3145 of title 40, United States Code. 
7
(b) The amounts provided by this section are des-
8
ignated by the Congress as being for an emergency re-
9
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
10
anced Budget and Emergency Deficit Control Act of 1985. 
11
BUDGETARY EFFECTS 
12
SEC. 11009. (a) STATUTORY PAYGO EMERGENCY 
13
DESIGNATION.—The amounts provided under division B 
14
and each succeeding division are designated as an emer-
15
gency requirement pursuant to section 4(g) of the Statu-
16
tory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)), and 
17
the budgetary effects shall not be entered on either 
18
PAYGO scorecard maintained pursuant to section 4(d) of 
19
such Act. 
20
(b) SENATE PAYGO EMERGENCY DESIGNATION.— 
21
In the Senate, division B and each succeeding division are 
22
designated as an emergency requirement pursuant to sec-
23
tion 4112(a) of H. Con. Res. 71 (115th Congress), the 
24
concurrent resolution on the budget for fiscal year 2018, 
25
and the budgetary effects shall not be entered on any 
26
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154 
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PAYGO scorecard maintained for purposes of section 
1
4106 of such concurrent resolution. 
2
(c) CLASSIFICATION
OF BUDGETARY EFFECTS.— 
3
Notwithstanding Rule 3 of the Budget Scorekeeping 
4
Guidelines set forth in the joint explanatory statement of 
5
the committee of conference accompanying Conference Re-
6
port 105–217 and section 250(c)(8) of the Balanced 
7
Budget and Emergency Deficit Control Act of 1985, the 
8
budgetary effects of division B and each succeeding divi-
9
sion shall not be estimated— 
10
(1) shall not be estimated for purposes of sec-
11
tion 251 of such Act; and 
12
(2) for purposes of paragraph (4)(C) of section 
13
3 of the Statutory Pay As-You-Go Act of 2010 as 
14
being included in an appropriation Act. 
15
(d) ENSURING NO WITHIN-SESSION SEQUESTRA-
16
TION.—Solely for the purpose of calculating a breach with-
17
in a category for fiscal year 2020 pursuant to section 
18
251(a)(6) or section 254(g) of the Balanced Budget and 
19
Emergency Deficit Control Act of 1985, and notwith-
20
standing any other provision of this division, the budg-
21
etary effects from this division shall be counted as 
22
amounts designated as being for an emergency require-
23
ment pursuant to section 251(b)(2)(A) of such Act. 
24
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155 
HR 6800 PCS
This division may be cited as the ‘‘Coronavirus Re-
1
covery Supplemental Appropriations Act, 2020’’. 
2
DIVISION B—REVENUE 
3
PROVISIONS 
4
SEC. 20001. SHORT TITLE. 
5
This division may be cited as the ‘‘Worker Health 
6
Coverage Protection Act’’. 
7
TITLE I—ECONOMIC STIMULUS 
8
Subtitle A—2020 Recovery Rebate 
9
Improvements 
10
SEC. 20101. DEPENDENTS TAKEN INTO ACCOUNT IN DETER-
11
MINING CREDIT AND REBATES. 
12
(a) IN GENERAL.—Section 6428(a)(2) of the Internal 
13
Revenue Code of 1986 is amended by striking ‘‘qualifying 
14
children (within the meaning of section 24(c))’’ and insert-
15
ing ‘‘dependents (as defined in section 152)’’. 
16
(b) CONFORMING AMENDMENTS.— 
17
(1) Section 6428(g) of such Code is amended 
18
by striking ‘‘qualifying child’’ each place it appears 
19
and inserting ‘‘dependent’’. 
20
(2) Section 6428(g)(2)(B) of such Code is 
21
amended by striking ‘‘such child’’ and inserting 
22
‘‘such dependent’’. 
23
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156 
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(c) EFFECTIVE DATE.—The amendments made by 
1
this section shall take effect as if included in section 2201 
2
of the CARES Act. 
3
SEC. 20102. INDIVIDUALS PROVIDING TAXPAYER IDENTI-
4
FICATION NUMBERS TAKEN INTO ACCOUNT 
5
IN DETERMINING CREDIT AND REBATES. 
6
(a) IN GENERAL.—Section 6428(g) of the Internal 
7
Revenue Code of 1986, as amended by section 20101 of 
8
this Act, is amended to read as follows: 
9
‘‘(g) IDENTIFICATION NUMBER REQUIREMENT.— 
10
‘‘(1) IN GENERAL.—The $1,200 amount in sub-
11
section (a)(1) shall be treated as being zero unless 
12
the taxpayer includes the TIN of the taxpayer on 
13
the return of tax for the taxable year. 
14
‘‘(2) JOINT RETURNS.—In the case of a joint 
15
return, the $2,400 amount in subsection (a)(1) shall 
16
be treated as being— 
17
‘‘(A) zero if the TIN of neither spouse is 
18
included on the return of tax for the taxable 
19
year, and 
20
‘‘(B) $1,200 if the TIN of only one spouse 
21
is so included. 
22
‘‘(3) DEPENDENTS.—A dependent shall not be 
23
taken into account under subsection (a)(2) unless 
24
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157 
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the TIN of such dependent is included on the return 
1
of tax for the taxable year. 
2
‘‘(4) COORDINATION WITH CERTAIN ADVANCE 
3
PAYMENTS.—In the case of any payment made pur-
4
suant to subsection (f)(5)(B), a TIN shall be treated 
5
for purposes of this subsection as included on the 
6
taxpayer’s return of tax if such TIN is provided pur-
7
suant to such subsection. 
8
‘‘(5) MATHEMATICAL OR CLERICAL ERROR AU-
9
THORITY.—Any omission of a correct TIN required 
10
under this subsection shall be treated as a mathe-
11
matical or clerical error for purposes of applying sec-
12
tion 6213(g)(2) to such omission.’’. 
13
(b) EFFECTIVE DATE.—The amendment made by 
14
this section shall take effect as if included in section 2201 
15
of the CARES Act. 
16
SEC. 20103. 2020 RECOVERY REBATES NOT SUBJECT TO RE-
17
DUCTION OR OFFSET WITH RESPECT TO 
18
PAST-DUE SUPPORT. 
19
(a) IN GENERAL.—Section 2201(d)(2) of the CARES 
20
Act is amended by inserting ‘‘(c),’’ before ‘‘(d)’’. 
21
(b) EFFECTIVE DATE.—The amendment made by 
22
this section shall apply to credits and refunds allowed or 
23
made after the date of the enactment of this Act. 
24
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158 
HR 6800 PCS
SEC. 20104. PROTECTION OF 2020 RECOVERY REBATES. 
1
(a) IN GENERAL.—Subsection (d) of section 2201 of 
2
the CARES Act, as amended by the preceding provisions 
3
of this Act, is amended— 
4
(1) by redesignating paragraphs (1), (2), and 
5
(3) as subparagraphs (A), (B), and (C), and by mov-
6
ing such subparagraphs 2 ems to the right, 
7
(2) by striking ‘‘REDUCTION OR OFFSET.—Any 
8
credit’’ and inserting ‘‘REDUCTION, OFFSET, GAR-
9
NISHMENT, ETC.— 
10
‘‘(1) IN GENERAL.—Any credit’’, and 
11
(3) by adding at the end the following new 
12
paragraphs: 
13
‘‘(2) ASSIGNMENT OF BENEFITS.— 
14
‘‘(A) IN
GENERAL.—Any applicable pay-
15
ment shall not be subject to transfer, assign-
16
ment, execution, levy, attachment, garnishment, 
17
or other legal process, or the operation of any 
18
bankruptcy or insolvency law, to the same ex-
19
tent as payments described in section 207 of 
20
the Social Security Act (42 U.S.C. 407) without 
21
regard to subsection (b) thereof. 
22
‘‘(B) ENCODING OF PAYMENTS.—As soon 
23
as practicable after the date of the enactment 
24
of this paragraph, the Secretary of the Treas-
25
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159 
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ury shall encode applicable payments that are 
1
paid electronically to any account— 
2
‘‘(i) with a unique identifier that is 
3
reasonably sufficient to allow a financial 
4
institution to identify the payment as a 
5
payment protected under subparagraph 
6
(A), and 
7
‘‘(ii) pursuant to the same specifica-
8
tions as required for a benefit payment to 
9
which part 212 of title 31, Code of Federal 
10
regulations applies. 
11
‘‘(C) GARNISHMENT.— 
12
‘‘(i) ENCODED PAYMENTS.—Upon re-
13
ceipt of a garnishment order that applies 
14
to an account that has received an applica-
15
ble payment that is encoded as provided in 
16
subparagraph (B), a financial institution 
17
shall follow the requirements and proce-
18
dures set forth in part 212 of title 31, 
19
Code of Federal Regulations. This para-
20
graph shall not alter the status of pay-
21
ments as tax refunds or other nonbenefit 
22
payments for purpose of any reclamation 
23
rights of the Department of Treasury or 
24
the Internal Revenue Service as per part 
25
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160 
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210 of title 31 of the Code of Federal Reg-
1
ulations. 
2
‘‘(ii) OTHER PAYMENTS.—If a finan-
3
cial institution receives a garnishment 
4
order (other than an order that has been 
5
served by the United States) that applies 
6
to an account into which an applicable 
7
payment that has not been encoded as pro-
8
vided in subparagraph (B) has been depos-
9
ited on any date in the prior 60 days (in-
10
cluding any date before the date of the en-
11
actment of this paragraph), the financial 
12
institution, upon the request of the account 
13
holder or for purposes of complying in 
14
good faith with a State order, State law, 
15
court order, or interpretation by a State 
16
Attorney General relating to garnishment 
17
order, may, but is not required to, treat 
18
the amount of the payment as exempt 
19
under law from garnishment without re-
20
quiring the account holder to assert any 
21
right of garnishment exemption or requir-
22
ing the consent of the judgment creditor. 
23
‘‘(iii) LIABILITY.—A financial institu-
24
tion that complies in good faith with clause 
25
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161 
HR 6800 PCS
(i) or that acts in good faith in reliance on 
1
clause (ii) shall not be liable under any 
2
Federal or State law, regulation, or court 
3
or other order to a creditor that initiates 
4
an order for any protected amounts, to an 
5
account holder for any frozen amounts or 
6
garnishment order applied. 
7
‘‘(D) DEFINITIONS.—For purposes of this 
8
paragraph— 
9
‘‘(i) ACCOUNT
HOLDER.—The term 
10
‘account holder’ means a natural person 
11
against whom a garnishment order is 
12
issued and whose name appears in a finan-
13
cial institution’s records. 
14
‘‘(ii) 
APPLICABLE
PAYMENT.—The 
15
term ‘applicable payment’ means any pay-
16
ment of credit or refund by reason of sec-
17
tion 6428 of such Code (as so added) or by 
18
reason of subsection (c) of this section. 
19
‘‘(iii) GARNISHMENT.—The term ‘gar-
20
nishment’ means execution, levy, attach-
21
ment, garnishment, or other legal process. 
22
‘‘(iv) 
GARNISHMENT
ORDER.—The 
23
term ‘garnishment order’ means a writ, 
24
order, notice, summons, judgment, levy, or 
25
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similar written instruction issued by a 
1
court, a State or State agency, a munici-
2
pality or municipal corporation, or a State 
3
child support enforcement agency, includ-
4
ing a lien arising by operation of law for 
5
overdue child support or an order to freeze 
6
the assets in an account, to effect a gar-
7
nishment against a debtor.’’. 
8
(b) EFFECTIVE DATE.—The amendments made by 
9
this section shall take effect on the date of the enactment 
10
of this Act. 
11
SEC. 20105. PAYMENTS TO REPRESENTATIVE PAYEES AND 
12
FIDUCIARIES. 
13
(a) IN GENERAL.—Section 6428(f) of the Internal 
14
Revenue Code of 1986 is amended by redesignating para-
15
graph (6) as paragraph (7) and by inserting after para-
16
graph (5) the following new paragraph: 
17
‘‘(6) PAYMENT
TO
REPRESENTATIVE
PAYEES 
18
AND FIDUCIARIES.— 
19
‘‘(A) IN GENERAL.—In the case of any in-
20
dividual for which payment information is pro-
21
vided to the Secretary by the Commissioner of 
22
Social Security, the Railroad Retirement Board, 
23
or the Secretary of Veterans Affairs, the pay-
24
ment by the Secretary under paragraph (3) 
25
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163 
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with respect to such individual may be made to 
1
such individual’s representative payee or fidu-
2
ciary and the entire payment shall be— 
3
‘‘(i) provided to the individual who is 
4
entitled to the payment, or 
5
‘‘(ii) used only for the benefit of the 
6
individual who is entitled to the payment. 
7
‘‘(B) 
APPLICATION
OF
ENFORCEMENT 
8
PROVISIONS.— 
9
‘‘(i) In the case of a payment de-
10
scribed in subparagraph (A) which is made 
11
with respect to a social security beneficiary 
12
or a supplemental security income recipi-
13
ent, section 1129(a)(3) of the Social Secu-
14
rity Act (42 U.S.C. 1320a–8(a)(3)) shall 
15
apply to such payment in the same manner 
16
as such section applies to a payment under 
17
title II or XVI of such Act. 
18
‘‘(ii) In the case of a payment de-
19
scribed in subparagraph (A) which is made 
20
with respect to a railroad retirement bene-
21
ficiary, section 13 of the Railroad Retire-
22
ment Act (45 U.S.C. 231l) shall apply to 
23
such payment in the same manner as such 
24
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164 
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section applies to a payment under such 
1
Act. 
2
‘‘(iii) In the case of a payment de-
3
scribed in subparagraph (A) which is made 
4
with respect to a veterans beneficiary, sec-
5
tions 5502, 6106, and 6108 of title 38, 
6
United States Code, shall apply to such 
7
payment in the same manner as such sec-
8
tions apply to a payment under such 
9
title.’’. 
10
(b) EFFECTIVE DATE.—The amendments made by 
11
this section shall take effect as if included in section 2201 
12
of the CARES Act. 
13
SEC. 20106. APPLICATION TO TAXPAYERS WITH RESPECT 
14
TO WHOM ADVANCE PAYMENT HAS ALREADY 
15
BEEN MADE. 
16
In the case of any taxpayer with respect to whom re-
17
fund or credit was made or allowed before the date of the 
18
enactment of this Act under subsection (f) of section 6428 
19
of the Internal Revenue Code of 1986 (as added by the 
20
CARES Act), such subsection shall be applied separately 
21
with respect to the excess (if any) of— 
22
(1) the advance refund amount determined 
23
under section 6428(f)(2) of such Code after the ap-
24
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165 
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plication of the amendments made by this subtitle, 
1
over 
2
(2) the amount of such refund or credit so 
3
made or allowed. 
4
Subtitle B—Additional Recovery 
5
Rebates to Individuals 
6
SEC. 20111. ADDITIONAL RECOVERY REBATES TO INDIVID-
7
UALS. 
8
(a) IN GENERAL.—Subchapter B of chapter 65 of the 
9
Internal Revenue Code of 1986 is amended by inserting 
10
after section 6428 the following new section: 
11
‘‘SEC. 6428A. ADDITIONAL RECOVERY REBATES TO INDIVID-
12
UALS. 
13
‘‘(a) IN GENERAL.—In the case of an eligible indi-
14
vidual, there shall be allowed as a credit against the tax 
15
imposed by subtitle A for the first taxable year beginning 
16
in 2020 an amount equal to the additional rebate amount 
17
determined for such taxable year. 
18
‘‘(b) ADDITIONAL REBATE AMOUNT.—For purposes 
19
of this section, the term ‘additional rebate amount’ means, 
20
with respect to any taxpayer for any taxable year, the sum 
21
of— 
22
‘‘(1) $1,200 ($2,400 in the case of a joint re-
23
turn), plus 
24
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166 
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‘‘(2) $1,200 multiplied by the number of de-
1
pendents of the taxpayer for such taxable year (not 
2
in excess of 3 such dependents). 
3
‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this 
4
section, the term ‘eligible individual’ means any individual 
5
other than— 
6
‘‘(1) any nonresident alien individual, 
7
‘‘(2) any individual with respect to whom a de-
8
duction under section 151 is allowable to another 
9
taxpayer for a taxable year beginning in the cal-
10
endar year in which the individual’s taxable year be-
11
gins, and 
12
‘‘(3) an estate or trust. 
13
‘‘(d) LIMITATION BASED ON MODIFIED ADJUSTED 
14
GROSS INCOME.—The amount of the credit allowed by 
15
subsection (a) (determined without regard to this sub-
16
section and subsection (f)) shall be reduced (but not below 
17
zero) by 5 percent of so much of the taxpayer’s modified 
18
adjusted gross income as exceeds— 
19
‘‘(1) $150,000 in the case of a joint return or 
20
a surviving spouse (as defined in section 2(a)), 
21
‘‘(2) $112,500 in the case of a head of house-
22
hold (as defined in section 2(b)), and 
23
‘‘(3) $75,000 in any other case. 
24
‘‘(e) DEFINITIONS AND SPECIAL RULES.— 
25
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‘‘(1) MODIFIED
ADJUSTED
GROSS
INCOME.— 
1
For purposes of this subsection (other than this 
2
paragraph), the term ‘modified adjusted gross in-
3
come’ means adjusted gross income determined with-
4
out regard to sections 911, 931, and 933. 
5
‘‘(2) DEPENDENT DEFINED.—For purposes of 
6
this section, the term ‘dependent’ has the meaning 
7
given such term by section 152. 
8
‘‘(3) CREDIT TREATED AS REFUNDABLE.—The 
9
credit allowed by subsection (a) shall be treated as 
10
allowed by subpart C of part IV of subchapter A of 
11
chapter 1. 
12
‘‘(4) 
IDENTIFICATION
NUMBER
REQUIRE-
13
MENT.— 
14
‘‘(A) IN GENERAL.—The $1,200 amount in 
15
subsection (b)(1) shall be treated as being zero 
16
unless the taxpayer includes the TIN of the 
17
taxpayer on the return of tax for the taxable 
18
year. 
19
‘‘(B) JOINT RETURNS.—In the case of a 
20
joint return, the $2,400 amount in subsection 
21
(b)(1) shall be treated as being— 
22
‘‘(i) zero if the TIN of neither spouse 
23
is included on the return of tax for the 
24
taxable year, and 
25
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168 
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‘‘(ii) $1,200 if the TIN of only one 
1
spouse is so included. 
2
‘‘(C) DEPENDENTS.—A dependent shall 
3
not be taken into account under subsection 
4
(b)(2) unless the TIN of such dependent is in-
5
cluded on the return of tax for the taxable year. 
6
‘‘(D) COORDINATION
WITH
CERTAIN
AD-
7
VANCE PAYMENTS.—In the case of any payment 
8
made pursuant to subsection (g)(5)(A)(ii), a 
9
TIN shall be treated for purposes of this para-
10
graph as included on the taxpayer’s return of 
11
tax if such TIN is provided pursuant to such 
12
subsection. 
13
‘‘(f) COORDINATION WITH ADVANCE REFUNDS OF 
14
CREDIT.— 
15
‘‘(1) REDUCTION OF REFUNDABLE CREDIT.— 
16
The amount of the credit which would (but for this 
17
paragraph) be allowable under subsection (a) shall 
18
be reduced (but not below zero) by the aggregate re-
19
funds and credits made or allowed to the taxpayer 
20
(or any dependent of the taxpayer) under subsection 
21
(g). Any failure to so reduce the credit shall be 
22
treated as arising out of a mathematical or clerical 
23
error and assessed according to section 6213(b)(1). 
24
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169 
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‘‘(2) JOINT RETURNS.—In the case of a refund 
1
or credit made or allowed under subsection (g) with 
2
respect to a joint return, half of such refund or cred-
3
it shall be treated as having been made or allowed 
4
to each individual filing such return. 
5
‘‘(g) ADVANCE REFUNDS AND CREDITS.— 
6
‘‘(1) IN GENERAL.—Subject to paragraph (5), 
7
each individual who was an eligible individual for 
8
such individual’s first taxable year beginning in 
9
2019 shall be treated as having made a payment 
10
against the tax imposed by chapter 1 for such tax-
11
able year in an amount equal to the advance refund 
12
amount for such taxable year. 
13
‘‘(2) ADVANCE
REFUND
AMOUNT.—For pur-
14
poses of paragraph (1), the advance refund amount 
15
is the amount that would have been allowed as a 
16
credit under this section for such taxable year if this 
17
section (other than subsection (f) and this sub-
18
section) had applied to such taxable year. 
19
‘‘(3) TIMING AND MANNER OF PAYMENTS.— 
20
‘‘(A) TIMING.—The Secretary shall, sub-
21
ject to the provisions of this title, refund or 
22
credit any overpayment attributable to this sec-
23
tion as rapidly as possible. No refund or credit 
24
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170 
HR 6800 PCS
shall be made or allowed under this subsection 
1
after December 31, 2020. 
2
‘‘(B) DELIVERY OF PAYMENTS.—Notwith-
3
standing any other provision of law, the Sec-
4
retary may certify and disburse refunds payable 
5
under this subsection electronically to any ac-
6
count to which the payee authorized, on or after 
7
January 1, 2018, the delivery of a refund of 
8
taxes under this title or of a Federal payment 
9
(as defined in section 3332 of title 31, United 
10
States Code). 
11
‘‘(C) WAIVER OF CERTAIN RULES.—Not-
12
withstanding section 3325 of title 31, United 
13
States Code, or any other provision of law, with 
14
respect to any payment of a refund under this 
15
subsection, a disbursing official in the executive 
16
branch of the United States Government may 
17
modify payment information received from an 
18
officer 
or 
employee 
described 
in 
section 
19
3325(a)(1)(B) of such title for the purpose of 
20
facilitating the accurate and efficient delivery of 
21
such payment. Except in cases of fraud or reck-
22
less neglect, no liability under sections 3325, 
23
3527, 3528, or 3529 of title 31, United States 
24
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171 
HR 6800 PCS
Code, shall be imposed with respect to pay-
1
ments made under this subparagraph. 
2
‘‘(4) NO INTEREST.—No interest shall be al-
3
lowed on any overpayment attributable to this sec-
4
tion. 
5
‘‘(5) APPLICATION
TO
INDIVIDUALS
WHO
DO 
6
NOT FILE A RETURN OF TAX FOR 2019.— 
7
‘‘(A) IN GENERAL.—In the case of an indi-
8
vidual who, at the time of any determination 
9
made pursuant to paragraph (3), has not filed 
10
a tax return for the year described in para-
11
graph (1), the Secretary shall— 
12
‘‘(i) apply paragraph (1) by sub-
13
stituting ‘2018’ for ‘2019’, and 
14
‘‘(ii) in the case of a specified indi-
15
vidual who has not filed a tax return for 
16
such individual’s first taxable year begin-
17
ning in 2018, determine the advance re-
18
fund amount with respect to such indi-
19
vidual without regard to subsections (d) 
20
and on the basis of information with re-
21
spect to such individual which is provided 
22
by— 
23
‘‘(I) in the case of a specified so-
24
cial security beneficiary or a specified 
25
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172 
HR 6800 PCS
supplemental security income recipi-
1
ent, the Commissioner of Social Secu-
2
rity, 
3
‘‘(II) in the case of a specified 
4
railroad retirement beneficiary, the 
5
Railroad Retirement Board, and 
6
‘‘(III) in the case of a specified 
7
veterans beneficiary, the Secretary of 
8
Veterans 
Affairs 
(in 
coordination 
9
with, and with the assistance of, the 
10
Commissioner of Social Security if ap-
11
propriate). 
12
‘‘(B) SPECIFIED
INDIVIDUAL.—For pur-
13
poses of this paragraph, the term ‘specified in-
14
dividual’ means any individual who is— 
15
‘‘(i) a specified social security bene-
16
ficiary, 
17
‘‘(ii) a specified supplemental security 
18
income recipient, 
19
‘‘(iii) a specified railroad retirement 
20
beneficiary, or 
21
‘‘(iv) a specified veterans beneficiary. 
22
‘‘(C) SPECIFIED SOCIAL SECURITY BENE-
23
FICIARY.—For purposes of this paragraph— 
24
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173 
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‘‘(i) IN GENERAL.—The term ‘speci-
1
fied social security beneficiary’ means any 
2
individual who, for the last month that 
3
ends prior to the date of enactment of this 
4
section, is entitled to any monthly insur-
5
ance benefit payable under title II of the 
6
Social Security Act (42 U.S.C. 401 et 
7
seq.), including payments made pursuant 
8
to sections 202(d), 223(g), and 223(i)(7) 
9
of such Act. 
10
‘‘(ii) EXCEPTION.—Such term shall 
11
not include any individual if such benefit is 
12
not payable for such month by reason of 
13
section 202(x) of the Social Security Act 
14
(42 U.S.C. 402(x)) or section 1129A of 
15
such Act (42 U.S.C. 1320a–8a). 
16
‘‘(D) SPECIFIED
SUPPLEMENTAL
SECU-
17
RITY INCOME RECIPIENT.—For purposes of this 
18
paragraph— 
19
‘‘(i) IN GENERAL.—The term ‘speci-
20
fied supplemental security income recipi-
21
ent’ means any individual who, for the last 
22
month that ends prior to the date of enact-
23
ment of this section, is eligible for a 
24
monthly benefit payable under title XVI of 
25
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174 
HR 6800 PCS
the Social Security Act (42 U.S.C. 1381 et 
1
seq.) (other than a benefit to an individual 
2
described in section 1611(e)(1)(B) of such 
3
Act (42 U.S.C. 1382(e)(1)(B)), includ-
4
ing— 
5
‘‘(I) payments made pursuant to 
6
section 1614(a)(3)(C) of such Act (42 
7
U.S.C. 1382c(a)(3)(C)), 
8
‘‘(II) payments made pursuant to 
9
section 1619(a) (42 U.S.C. 1382h) or 
10
subsections (a)(4), (a)(7), or (p)(7) of 
11
section 1631 (42 U.S.C. 1383) of 
12
such Act, and 
13
‘‘(III) State supplementary pay-
14
ments of the type referred to in sec-
15
tion 1616(a) of such Act (42 U.S.C. 
16
1382e(a)) (or payments of the type 
17
described in section 212(a) of Public 
18
Law 93–66) which are paid by the 
19
Commissioner under an agreement re-
20
ferred to in such section 1616(a) (or 
21
section 212(a) of Public Law 93–66). 
22
‘‘(ii) EXCEPTION.—Such term shall 
23
not include any individual if such monthly 
24
benefit is not payable for such month by 
25
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175 
HR 6800 PCS
reason of subsection (e)(1)(A) or (e)(4) of 
1
section 1611 (42 U.S.C. 1382) or section 
2
1129A of such Act (42 U.S.C. 1320a–8a). 
3
‘‘(E) SPECIFIED
RAILROAD
RETIREMENT 
4
BENEFICIARY.—For purposes of this para-
5
graph, the term ‘specified railroad retirement 
6
beneficiary’ means any individual who, for the 
7
last month that ends prior to the date of enact-
8
ment of this section, is entitled to a monthly 
9
annuity or pension payment payable (without 
10
regard to section 5(a)(ii) of the Railroad Retire-
11
ment Act of 1974 (45 U.S.C. 231d(a)(ii))) 
12
under— 
13
‘‘(i) section 2(a)(1) of such Act (45 
14
U.S.C. 231a(a)(1)), 
15
‘‘(ii) section 2(c) of such Act (45 
16
U.S.C. 231a(c)), 
17
‘‘(iii) section 2(d)(1) of such Act (45 
18
U.S.C. 231a(d)(1)), or 
19
‘‘(iv) section 7(b)(2) of such Act (45 
20
U.S.C. 231f(b)(2)) with respect to any of 
21
the benefit payments described in subpara-
22
graph (C)(i). 
23
‘‘(F) 
SPECIFIED
VETERANS
BENE-
24
FICIARY.—For purposes of this paragraph— 
25
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176 
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‘‘(i) IN GENERAL.—The term ‘speci-
1
fied veterans beneficiary’ means any indi-
2
vidual who, for the last month that ends 
3
prior to the date of enactment of this sec-
4
tion, is entitled to a compensation or pen-
5
sion payment payable under— 
6
‘‘(I) section 1110, 1117, 1121, 
7
1131, 1141, or 1151 of title 38, 
8
United States Code, 
9
‘‘(II) section 1310, 1312, 1313, 
10
1315, 1316, or 1318 of title 38, 
11
United States Code, 
12
‘‘(III) section 1513, 1521, 1533, 
13
1536, 1537, 1541, 1542, or 1562 of 
14
title 38, United States Code, or 
15
‘‘(IV) section 1805, 1815, or 
16
1821 of title 38, United States Code, 
17
to a veteran, surviving spouse, child, or 
18
parent as described in paragraph (2), (3), 
19
(4)(A)(ii), or (5) of section 101, title 38, 
20
United States Code. 
21
‘‘(ii) EXCEPTION.—Such term shall 
22
not include any individual if such com-
23
pensation or pension payment is not pay-
24
able, or was reduced, for such month by 
25
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177 
HR 6800 PCS
reason of section 1505, 5313, or 5313B of 
1
title 38, United States Code. 
2
‘‘(G) SUBSEQUENT DETERMINATIONS AND 
3
REDETERMINATIONS
NOT
TAKEN
INTO
AC-
4
COUNT.—For purposes of this section, any indi-
5
vidual’s status as a specified social security ben-
6
eficiary, a specified supplemental security in-
7
come recipient, a specified railroad retirement 
8
beneficiary, or a specified veterans beneficiary 
9
shall be unaffected by any determination or re-
10
determination of any entitlement to, or eligi-
11
bility for, any benefit, payment, or compensa-
12
tion, if such determination or redetermination 
13
occurs after the last month that ends prior to 
14
the date of enactment of this section. 
15
‘‘(H) PAYMENT TO REPRESENTATIVE PAY-
16
EES AND FIDUCIARIES.— 
17
‘‘(i) IN
GENERAL.—If the benefit, 
18
payment, or compensation referred to in 
19
subparagraph (C)(i), (D)(i), (E), or (F)(i) 
20
with respect to any specified individual is 
21
paid to a representative payee or fiduciary, 
22
payment by the Secretary under paragraph 
23
(3) with respect to such specified indi-
24
vidual shall be made to such individual’s 
25
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178 
HR 6800 PCS
representative payee or fiduciary and the 
1
entire payment shall be used only for the 
2
benefit of the individual who is entitled to 
3
the payment. 
4
‘‘(ii) APPLICATION OF ENFORCEMENT 
5
PROVISIONS.— 
6
‘‘(I) In the case of a payment de-
7
scribed in clause (i) which is made 
8
with respect to a specified social secu-
9
rity beneficiary or a specified supple-
10
mental security income recipient, sec-
11
tion 1129(a)(3) of the Social Security 
12
Act (42 U.S.C. 1320a–8(a)(3)) shall 
13
apply to such payment in the same 
14
manner as such section applies to a 
15
payment under title II or XVI of such 
16
Act. 
17
‘‘(II) In the case of a payment 
18
described in clause (i) which is made 
19
with respect to a specified railroad re-
20
tirement beneficiary, section 13 of the 
21
Railroad Retirement Act (45 U.S.C. 
22
231l) shall apply to such payment in 
23
the same manner as such section ap-
24
plies to a payment under such Act. 
25
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‘‘(III) In the case of a payment 
1
described in clause (i) which is made 
2
with respect to a specified veterans 
3
beneficiary, sections 5502, 6106, and 
4
6108 of title 38, United States Code, 
5
shall apply to such payment in the 
6
same manner as such sections apply 
7
to a payment under such title. 
8
‘‘(6) NOTICE TO TAXPAYER.—Not later than 15 
9
days after the date on which the Secretary distrib-
10
uted any payment to an eligible taxpayer pursuant 
11
to this subsection, notice shall be sent by mail to 
12
such taxpayer’s last known address. Such notice 
13
shall indicate the method by which such payment 
14
was made, the amount of such payment, and a 
15
phone number for the appropriate point of contact 
16
at the Internal Revenue Service to report any error 
17
with respect to such payment. 
18
‘‘(h) REGULATIONS.—The Secretary shall prescribe 
19
such regulations or other guidance as may be necessary 
20
or appropriate to carry out the purposes of this section, 
21
including— 
22
‘‘(1) regulations or other guidance providing 
23
taxpayers the opportunity to provide the Secretary 
24
information sufficient to allow the Secretary to make 
25
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180 
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payments to such taxpayers under subsection (g) 
1
(including the determination of the amount of such 
2
payment) if such information is not otherwise avail-
3
able to the Secretary, and 
4
‘‘(2) regulations or other guidance providing for 
5
the proper treatment of joint returns and taxpayers 
6
with dependents to ensure that an individual is not 
7
taken into account more than once in determining 
8
the amount of any credit under subsection (a) and 
9
any credit or refund under subsection (g). 
10
‘‘(i) OUTREACH.—The Secretary shall carry out a ro-
11
bust and comprehensive outreach program to ensure that 
12
all taxpayers described in subsection (h)(1) learn of their 
13
eligibility for the advance refunds and credits under sub-
14
section (g); are advised of the opportunity to receive such 
15
advance refunds and credits as provided under subsection 
16
(h)(1); and are provided assistance in applying for such 
17
advance refunds and credits. In conducting such outreach 
18
program, the Secretary shall coordinate with other govern-
19
ment, State, and local agencies; federal partners; and com-
20
munity-based nonprofit organizations that regularly inter-
21
face with such taxpayers.’’. 
22
(b) TREATMENT OF CERTAIN POSSESSIONS.— 
23
(1) PAYMENTS TO POSSESSIONS WITH MIRROR 
24
CODE TAX SYSTEMS.—The Secretary of the Treas-
25
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181 
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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 amendments made by this section. Such 
4
amounts shall be determined by the Secretary of the 
5
Treasury based on information provided by the gov-
6
ernment of the respective possession. 
7
(2) PAYMENTS TO OTHER POSSESSIONS.—The 
8
Secretary of the Treasury shall pay to each posses-
9
sion of the United States which does not have a mir-
10
ror code tax system amounts estimated by the Sec-
11
retary of the Treasury as being equal to the aggre-
12
gate benefits (if any) that would have been provided 
13
to residents of such possession by reason of the 
14
amendments made by this section if a mirror code 
15
tax system had been in effect in such possession. 
16
The preceding sentence shall not apply unless the re-
17
spective possession has a plan, which has been ap-
18
proved by the Secretary of the Treasury, under 
19
which such possession will promptly distribute such 
20
payments to its residents. 
21
(3) COORDINATION
WITH
CREDIT
ALLOWED 
22
AGAINST UNITED STATES INCOME TAXES.—No cred-
23
it shall be allowed against United States income 
24
taxes under section 6428A of the Internal Revenue 
25
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Code of 1986 (as added by this section), nor shall 
1
any credit or refund be made or allowed under sub-
2
section (g) of such section, to any person— 
3
(A) to whom a credit is allowed against 
4
taxes imposed by the possession by reason of 
5
the amendments made by this section, or 
6
(B) who is eligible for a payment under a 
7
plan described in paragraph (2). 
8
(4) MIRROR CODE TAX SYSTEM.—For purposes 
9
of this subsection, the term ‘‘mirror code tax sys-
10
tem’’ means, with respect to any possession of the 
11
United States, the income tax system of such posses-
12
sion if the income tax liability of the residents of 
13
such possession under such system is determined by 
14
reference to the income tax laws of the United 
15
States as if such possession were the United States. 
16
(c) ADMINISTRATIVE PROVISIONS.— 
17
(1) 
DEFINITION
OF
DEFICIENCY.—Section 
18
6211(b)(4)(A) of the Internal Revenue Code of 1986 
19
is amended by striking ‘‘and 6428’’ and inserting 
20
‘‘6428, and 6428A’’. 
21
(2) MATHEMATICAL OR CLERICAL ERROR AU-
22
THORITY.—Section 6213(g)(2) of such Code is 
23
amended— 
24
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183 
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(A) by inserting ‘‘or section 6428A (relat-
1
ing to additional recovery rebates to individ-
2
uals)’’ before the comma at the end of subpara-
3
graph (H), and 
4
(B) by striking ‘‘or 6428’’ in subparagraph 
5
(L) and inserting ‘‘6428, or 6428A’’. 
6
(3) EXCEPTION
FROM
REDUCTION
OR
OFF-
7
SET.—Any credit or refund allowed or made to any 
8
individual by reason of section 6428A of the Internal 
9
Revenue Code of 1986 (as added by this section) or 
10
by reason of subsection (b) of this section shall not 
11
be— 
12
(A) subject to reduction or offset pursuant 
13
to section 3716 or 3720A of title 31, United 
14
States Code, 
15
(B) subject to reduction or offset pursuant 
16
to subsection (c), (d), (e), or (f) of section 6402 
17
of the Internal Revenue Code of 1986, or 
18
(C) reduced or offset by other assessed 
19
Federal taxes that would otherwise be subject 
20
to levy or collection. 
21
(4) 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
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184 
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or other legal process, or the operation of any 
1
bankruptcy or insolvency law, to the same ex-
2
tent as payments described in section 207 of 
3
the Social Security Act (42 U.S.C. 407) without 
4
regard to subsection (b) thereof. 
5
(B) ENCODING OF PAYMENTS.—As soon as 
6
practicable after the date of the enactment of 
7
the paragraph, the Secretary of the Treasury 
8
shall encode applicable payments that are paid 
9
electronically to any account— 
10
(i) with a unique identifier that is rea-
11
sonably sufficient to allow a financial insti-
12
tution to identify the payment as a pay-
13
ment protected under subparagraph (A), 
14
and 
15
(ii) pursuant to the same specifica-
16
tions as required for a benefit payment to 
17
which part 212 of title 31, Code of Federal 
18
regulations applies. 
19
(C) GARNISHMENT.— 
20
(i) ENCODED
PAYMENTS.—Upon re-
21
ceipt of a garnishment order that applies 
22
to an account that has received an applica-
23
ble payment that is encoded as provided in 
24
subparagraph (B), a financial institution 
25
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185 
HR 6800 PCS
shall follow the requirements and proce-
1
dures set forth in part 212 of title 31, 
2
Code of Federal Regulations. This para-
3
graph shall not alter the status of pay-
4
ments as tax refunds or other nonbenefit 
5
payments for purpose of any reclamation 
6
rights of the Department of Treasury or 
7
the Internal Revenue Serves as per part 
8
210 of title 31 of the Code of Federal Reg-
9
ulations. 
10
(ii) OTHER PAYMENTS.—If a financial 
11
institution receives a garnishment order 
12
(other than an order that has been served 
13
by the United States) that applies to an 
14
account into which an applicable payment 
15
that has not been encoded as provided in 
16
subparagraph (B) has been deposited on 
17
any date in the prior 60 days (including 
18
any date before the date of the enactment 
19
of this paragraph), the financial institu-
20
tion, upon the request of the account hold-
21
er or for purposes of complying in good 
22
faith with a State order, State law, court 
23
order, or interpretation by a State Attor-
24
ney General relating to garnishment order, 
25
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186 
HR 6800 PCS
may, but is not required to, treat the 
1
amount of the payment as exempt under 
2
law from garnishment without requiring 
3
the account holder to assert any right of 
4
garnishment exemption or requiring the 
5
consent of the judgment creditor. 
6
(iii) LIABILITY.—A financial institu-
7
tion that complies in good faith with clause 
8
(i) or that acts in good faith in reliance on 
9
clause (ii) shall not be liable under any 
10
Federal or State law, regulation, or court 
11
or other order to a creditor that initiates 
12
an order for any protected amounts, to an 
13
account holder for any frozen amounts or 
14
garnishment order applied. 
15
(D) DEFINITIONS.—For purposes of this 
16
paragraph— 
17
(i) ACCOUNT
HOLDER.—The term 
18
‘‘account holder’’ means a natural person 
19
against whom a garnishment order is 
20
issued and whose name appears in a finan-
21
cial institution’s records. 
22
(ii) 
APPLICABLE
PAYMENT.—The 
23
term ‘‘applicable payment’’ means any pay-
24
ment of credit or refund by reason of sec-
25
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187 
HR 6800 PCS
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
(5) TREATMENT OF CREDIT AND ADVANCE PAY-
17
MENTS.—For purposes of section 1324 of title 31, 
18
United States Code, any credit under section 
19
6428A(a) of the Internal Revenue Code of 1986, any 
20
credit or refund under section 6428A(g) of such 
21
Code, and any payment under subsection (b) of this 
22
section, shall be treated in the same manner as a re-
23
fund due from a credit provision referred to in sub-
24
section (b)(2) of such section 1324. 
25
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(6) AGENCY INFORMATION SHARING AND AS-
1
SISTANCE.—The Commissioner of Social Security, 
2
the Railroad Retirement Board, and the Secretary of 
3
Veterans Affairs shall each provide the Secretary of 
4
the Treasury (or the Secretary’s delegate) such in-
5
formation and assistance as the Secretary of the 
6
Treasury (or the Secretary’s delegate) may require 
7
for purposes of making payments under section 
8
6428A(g) of the Internal Revenue Code of 1986 to 
9
individuals described in paragraph (5)(A)(ii) thereof. 
10
(7) CLERICAL AMENDMENT.—The table of sec-
11
tions for subchapter B of chapter 65 of the Internal 
12
Revenue Code of 1986 is amended by inserting after 
13
the item relating to section 6428 the following new 
14
item: 
15
‘‘Sec. 6428A. Additional recovery rebates to individuals.’’. 
(d) APPROPRIATIONS
TO CARRY OUT THIS SEC-
16
TION.— 
17
(1) IN GENERAL.—Immediately upon the enact-
18
ment of this Act, the following sums are appro-
19
priated, out of any money in the Treasury not other-
20
wise appropriated, for the fiscal year ending Sep-
21
tember 30, 2020— 
22
(A) SOCIAL SECURITY ADMINISTRATION.— 
23
For an additional amount for ‘‘Social Security 
24
Administration—Limitation on Administrative 
25
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189 
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Expenses’’, $40,500,000, to remain available 
1
until September 30, 2021: Provided, that 
2
$2,500,000, to remain available until Sep-
3
tember 30, 2024, shall be transferred to ‘‘Social 
4
Security Administration—Office of Inspector 
5
General’’ for necessary expenses in carrying out 
6
the provisions of the Inspector General Act of 
7
1978. 
8
(B) RAILROAD RETIREMENT BOARD.—For 
9
an additional amount for ‘‘Railroad Retirement 
10
Board—Limitation on Administration’’, $8,300, 
11
to remain available until September 30, 2021. 
12
(2) REPORTS.—Beginning 90 days after enact-
13
ment of this Act, the Secretary of the Treasury shall 
14
submit a quarterly report to the Committees on Ap-
15
propriations of the House of Representatives and the 
16
Senate detailing the actual expenditure of Internal 
17
Revenue Service funds in this Act, and the expected 
18
expenditure of such funds in the subsequent quarter. 
19
(e) CERTAIN REQUIREMENTS RELATED TO RECOV-
20
ERY REBATES AND ADDITIONAL RECOVERY REBATES.— 
21
(1) SIGNATURES
ON
CHECKS
AND
NOTICES, 
22
ETC., BY THE DEPARTMENT OF THE TREASURY.— 
23
Any check issued to an individual by the Depart-
24
ment of the Treasury pursuant to section 6428 or 
25
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6428A of the Internal Revenue Code of 1986, and 
1
any notice issued pursuant to section 6428(f)(6) or 
2
section 6428A(g)(6) of such Code, may not be 
3
signed by or otherwise bear the name, signature, 
4
image or likeness of the President, the Vice Presi-
5
dent or any elected official or cabinet level officer of 
6
the United States, or any individual who, with re-
7
spect to any of the aforementioned individuals, bears 
8
any relationship described in subparagraphs (A) 
9
through (G) of section 152(d)(2) of the Internal 
10
Revenue Code of 1986. 
11
(2) EFFECTIVE
DATE.—Paragraph (1) shall 
12
apply to checks and notices issued after the date of 
13
the enactment of this Act. 
14
(f) REPORTS TO CONGRESS.—Each week beginning 
15
after the date of the enactment of this Act and beginning 
16
before December 31, 2020, on Friday of such week, not 
17
later than 3 p.m. Eastern Time, the Secretary of the 
18
Treasury shall provide a written report to the Committee 
19
on Ways and Means of the House of Representatives and 
20
the Committee on Finance of the Senate. Such report shall 
21
include the following information with respect to payments 
22
made pursuant to each of sections 6428 and 6428A of 
23
the Internal Revenue Code of 1986: 
24
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191 
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(1) The number of scheduled payments sent to 
1
the Bureau of Fiscal Service for payment by direct 
2
deposit or paper check for the following week (stated 
3
separately for direct deposit and paper check). 
4
(2) The total dollar amount of the scheduled 
5
payments described in paragraph (1). 
6
(3) The number of direct deposit payments re-
7
turned to the Department of the Treasury and the 
8
total dollar value of such payments, for the week 
9
ending on the day prior to the day on which the re-
10
port is provided. 
11
(4) The total number of letters related to pay-
12
ments under section 6428 or 6428A of such Code 
13
mailed to taxpayers during the week ending on the 
14
day prior to the day on which the report is provided. 
15
Subtitle C—Earned Income Tax 
16
Credit 
17
SEC. 20121. STRENGTHENING THE EARNED INCOME TAX 
18
CREDIT FOR INDIVIDUALS WITH NO QUALI-
19
FYING CHILDREN. 
20
(a) SPECIAL RULES FOR 2020.—Section 32 of the 
21
Internal Revenue Code of 1986 is amended by adding at 
22
the end the following new subsection: 
23
‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITHOUT 
24
QUALIFYING CHILDREN.—In the case of any taxable year 
25
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192 
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beginning after December 31, 2019, and before January 
1
1, 2021— 
2
‘‘(1) DECREASE IN MINIMUM AGE FOR CRED-
3
IT.— 
4
‘‘(A) 
IN
GENERAL.—Subsection 
5
(c)(1)(A)(ii)(II) shall be applied by substituting 
6
‘the applicable minimum age’ for ‘age 25’. 
7
‘‘(B) APPLICABLE
MINIMUM
AGE.—For 
8
purposes of this paragraph, the term ‘applicable 
9
minimum age’ means— 
10
‘‘(i) except as otherwise provided in 
11
this subparagraph, age 19, 
12
‘‘(ii) in the case of a full-time student 
13
(other than a qualified former foster youth 
14
or a qualified homeless youth), age 25, and 
15
‘‘(iii) in the case of a qualified former 
16
foster youth or a qualified homeless youth, 
17
age 18. 
18
‘‘(C) FULL-TIME STUDENT.—For purposes 
19
of this paragraph, the term ‘full-time student’ 
20
means, with respect to any taxable year, an in-
21
dividual who is an eligible student (as defined 
22
in section 25A(b)(3)) during at least 5 calendar 
23
months during the taxable year. 
24
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‘‘(D) 
QUALIFIED
FORMER
FOSTER 
1
YOUTH.—For purposes of this paragraph, the 
2
term ‘qualified former foster youth’ means an 
3
individual who— 
4
‘‘(i) on or after the date that such in-
5
dividual attained age 14, was in foster care 
6
provided under the supervision or adminis-
7
tration of a State or tribal agency admin-
8
istering (or eligible to administer) a plan 
9
under part B or part E of the Social Secu-
10
rity Act (without regard to whether Fed-
11
eral assistance was provided with respect 
12
to such child under such part E), and 
13
‘‘(ii) provides (in such manner as the 
14
Secretary may provide) consent for State 
15
and tribal agencies which administer a 
16
plan under part B or part E of the Social 
17
Security Act to disclose to the Secretary 
18
information related to the status of such 
19
individual as a qualified former foster 
20
youth. 
21
‘‘(E) QUALIFIED HOMELESS YOUTH.—For 
22
purposes of this paragraph, the term ‘qualified 
23
homeless youth’ means, with respect to any tax-
24
able year, an individual who— 
25
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194 
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‘‘(i) is certified by a local educational 
1
agency or a financial aid administrator 
2
during such taxable year as being either an 
3
unaccompanied youth who is a homeless 
4
child or youth, or as unaccompanied, at 
5
risk of homelessness, and self-supporting. 
6
Terms used in the preceding sentence 
7
which are also used in section 480(d)(1) of 
8
the Higher Education Act of 1965 shall 
9
have the same meaning as when used in 
10
such section, and 
11
‘‘(ii) provides (in such manner as the 
12
Secretary may provide) consent for local 
13
educational agencies and financial aid ad-
14
ministrators to disclose to the Secretary in-
15
formation related to the status of such in-
16
dividual as a qualified homeless youth. 
17
‘‘(2) INCREASE IN MAXIMUM AGE FOR CRED-
18
IT.—Subsection (c)(1)(A)(ii)(II) shall be applied by 
19
substituting ‘age 66’ for ‘age 65’. 
20
‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER-
21
CENTAGES.—The table contained in subsection 
22
(b)(1) shall be applied by substituting ‘15.3’ for 
23
‘7.65’ each place it appears therein. 
24
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‘‘(4) INCREASE
IN
EARNED
INCOME
AND 
1
PHASEOUT AMOUNTS.— 
2
‘‘(A) IN GENERAL.—The table contained in 
3
subsection (b)(2)(A) shall be applied— 
4
‘‘(i) by substituting ‘$9,720’ for 
5
‘$4,220’, and 
6
‘‘(ii) by substituting ‘$11,490’ for 
7
‘$5,280’. 
8
‘‘(B) COORDINATION WITH INFLATION AD-
9
JUSTMENT.—Subsection (j) shall not apply to 
10
any dollar amount specified in this paragraph.’’. 
11
(b) INFORMATION RETURN MATCHING.—As soon as 
12
practicable, the Secretary of the Treasury (or the Sec-
13
retary’s delegate) shall develop and implement procedures 
14
to use information returns under section 6050S (relating 
15
to returns relating to higher education tuition and related 
16
expenses) to check the status of individuals as full-time 
17
students for purposes of section 32(n)(1)(B)(ii) of the In-
18
ternal Revenue Code of 1986 (as added by this section). 
19
(c) EFFECTIVE DATE.—The amendment made by 
20
this section shall apply to taxable years beginning after 
21
December 31, 2019. 
22
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SEC. 20122. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED 
1
INCOME CREDIT IN CASE OF QUALIFYING 
2
CHILDREN WHO FAIL TO MEET CERTAIN 
3
IDENTIFICATION REQUIREMENTS. 
4
(a) IN GENERAL.—Section 32(c)(1) of the Internal 
5
Revenue Code of 1986 is amended by striking subpara-
6
graph (F). 
7
(b) EFFECTIVE DATE.—The amendment made by 
8
this section shall apply to taxable years beginning after 
9
the date of the enactment of this Act. 
10
SEC. 20123. CREDIT ALLOWED IN CASE OF CERTAIN SEPA-
11
RATED SPOUSES. 
12
(a) IN GENERAL.—Section 32(d) of the Internal Rev-
13
enue Code of 1986 is amended— 
14
(1) by striking ‘‘MARRIED INDIVIDUALS.—In 
15
the case of’’ and inserting the following: ‘‘MARRIED 
16
INDIVIDUALS.— 
17
‘‘(1) IN GENERAL.—In the case of’’, and 
18
(2) by adding at the end the following new 
19
paragraph: 
20
‘‘(2) DETERMINATION OF MARITAL STATUS.— 
21
For purposes of this section— 
22
‘‘(A) IN GENERAL.—Except as provided in 
23
subparagraph (B), marital status shall be deter-
24
mined under section 7703(a). 
25
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‘‘(B) SPECIAL
RULE
FOR
SEPARATED 
1
SPOUSE.—An individual shall not be treated as 
2
married if such individual— 
3
‘‘(i) is married (as determined under 
4
section 7703(a)) and does not file a joint 
5
return for the taxable year, 
6
‘‘(ii) lives with a qualifying child of 
7
the individual for more than one-half of 
8
such taxable year, and 
9
‘‘(iii)(I) during the last 6 months of 
10
such taxable year, does not have the same 
11
principal place of abode as the individual’s 
12
spouse, or 
13
‘‘(II) has a decree, instrument, or 
14
agreement (other than a decree of divorce) 
15
described in section 121(d)(3)(C) with re-
16
spect to the individual’s spouse and is not 
17
a member of the same household with the 
18
individual’s spouse by the end of the tax-
19
able year.’’. 
20
(b) CONFORMING AMENDMENTS.— 
21
(1) Section 32(c)(1)(A) of such Code is amend-
22
ed by striking the last sentence. 
23
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(2) Section 32(c)(1)(E)(ii) of such Code is 
1
amended by striking ‘‘(within the meaning of section 
2
7703)’’. 
3
(3) Section 32(d)(1) of such Code, as amended 
4
by subsection (a), is amended by striking ‘‘(within 
5
the meaning of section 7703)’’. 
6
(c) EFFECTIVE DATE.—The amendments made by 
7
this section shall apply to taxable years beginning after 
8
the date of the enactment of this Act. 
9
SEC. 20124. ELIMINATION OF DISQUALIFIED INVESTMENT 
10
INCOME TEST. 
11
(a) IN GENERAL.—Section 32 of the Internal Rev-
12
enue Code of 1986 is amended by striking subsection (i). 
13
(b) CONFORMING AMENDMENTS.— 
14
(1) Section 32(j)(1) of such Code is amended 
15
by striking ‘‘subsections (b)(2) and (i)(1)’’ and in-
16
serting ‘‘subsection (b)(2)’’. 
17
(2) Section 32(j)(1)(B)(i) of such Code is 
18
amended by striking ‘‘subsections (b)(2)(A) and 
19
(i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’. 
20
(3) Section 32(j)(2) of such Code is amended— 
21
(A) by striking subparagraph (B), and 
22
(B) by striking ‘‘ROUNDING.—’’ and all 
23
that follows through ‘‘If any dollar amount’’ 
24
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199 
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and inserting the following: ‘‘ROUNDING.—If 
1
any dollar amount’’. 
2
(c) EFFECTIVE DATE.—The amendments made by 
3
this section shall apply to taxable years beginning after 
4
the date of the enactment of this Act. 
5
SEC. 20125. APPLICATION OF EARNED INCOME TAX CREDIT 
6
IN POSSESSIONS OF THE UNITED STATES. 
7
(a) IN GENERAL.—Chapter 77 of the Internal Rev-
8
enue Code of 1986 is amended by adding at the end the 
9
following new section: 
10
‘‘SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT 
11
TO POSSESSIONS OF THE UNITED STATES. 
12
‘‘(a) PUERTO RICO.— 
13
‘‘(1) IN GENERAL.—With respect to calendar 
14
year 2021 and each calendar year thereafter, the 
15
Secretary shall, except as otherwise provided in this 
16
subsection, make payments to Puerto Rico equal 
17
to— 
18
‘‘(A) the specified matching amount for 
19
such calendar year, plus 
20
‘‘(B) in the case of calendar years 2021 
21
through 2025, the lesser of— 
22
‘‘(i) the expenditures made by Puerto 
23
Rico during such calendar year for edu-
24
cation efforts with respect to individual 
25
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taxpayers and tax return preparers relat-
1
ing to the earned income tax credit, or 
2
‘‘(ii) $1,000,000. 
3
‘‘(2) REQUIREMENT TO REFORM EARNED IN-
4
COME TAX CREDIT.—The Secretary shall not make 
5
any payments under paragraph (1) with respect to 
6
any calendar year unless Puerto Rico has in effect 
7
an earned income tax credit for taxable years begin-
8
ning in or with such calendar year which (relative to 
9
the earned income tax credit which was in effect for 
10
taxable years beginning in or with calendar year 
11
2019) increases the percentage of earned income 
12
which is allowed as a credit for each group of indi-
13
viduals with respect to which such percentage is sep-
14
arately stated or determined in a manner designed 
15
to substantially increase workforce participation. 
16
‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur-
17
poses of this subsection— 
18
‘‘(A) IN
GENERAL.—The term ‘specified 
19
matching amount’ means, with respect to any 
20
calendar year, the lesser of— 
21
‘‘(i) the excess (if any) of— 
22
‘‘(I) the cost to Puerto Rico of 
23
the earned income tax credit for tax-
24
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HR 6800 PCS
able years beginning in or with such 
1
calendar year, over 
2
‘‘(II) the base amount for such 
3
calendar year, or 
4
‘‘(ii) the product of 3, multiplied by 
5
the base amount for such calendar year. 
6
‘‘(B) BASE AMOUNT.— 
7
‘‘(i) BASE AMOUNT FOR 2020.—In the 
8
case of calendar year 2020, the term ‘base 
9
amount’ means the greater of— 
10
‘‘(I) the cost to Puerto Rico of 
11
the earned income tax credit for tax-
12
able years beginning in or with cal-
13
endar year 2019 (rounded to the 
14
nearest multiple of $1,000,000), or 
15
‘‘(II) $200,000,000. 
16
‘‘(ii) INFLATION
ADJUSTMENT.—In 
17
the case of any calendar year after 2021, 
18
the term ‘base amount’ means the dollar 
19
amount determined under clause (i) in-
20
creased by an amount equal to— 
21
‘‘(I) such dollar amount, multi-
22
plied by— 
23
‘‘(II) the cost-of-living adjust-
24
ment determined under section 1(f)(3) 
25
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202 
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for such calendar year, determined by 
1
substituting ‘calendar year 2020’ for 
2
‘calendar year 2016’ in subparagraph 
3
(A)(ii) thereof. 
4
Any amount determined under this clause 
5
shall be rounded to the nearest multiple of 
6
$1,000,000. 
7
‘‘(4) RULES RELATED TO PAYMENTS AND RE-
8
PORTS.— 
9
‘‘(A) TIMING
OF
PAYMENTS.—The Sec-
10
retary shall make payments under paragraph 
11
(1) for any calendar year— 
12
‘‘(i) after receipt of the report de-
13
scribed in subparagraph (B) for such cal-
14
endar year, and 
15
‘‘(ii) except as provided in clause (i), 
16
within a reasonable period of time before 
17
the due date for individual income tax re-
18
turns (as determined under the laws of 
19
Puerto Rico) for taxable years which began 
20
on the first day of such calendar year. 
21
‘‘(B) ANNUAL REPORTS.—With respect to 
22
calendar year 2021 and each calendar year 
23
thereafter, Puerto Rico shall provide to the Sec-
24
retary a report which shall include— 
25
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203 
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‘‘(i) an estimate of the costs described 
1
in paragraphs (1)(B)(i) and (3)(A)(i)(I) 
2
with respect to such calendar year, and 
3
‘‘(ii) a statement of such costs with 
4
respect to the preceding calendar year. 
5
‘‘(C) ADJUSTMENTS.— 
6
‘‘(i) IN GENERAL.—In the event that 
7
any estimate of an amount is more or less 
8
than the actual amount as later deter-
9
mined and any payment under paragraph 
10
(1) was determined on the basis of such 
11
estimate, proper payment shall be made 
12
by, or to, the Secretary (as the case may 
13
be) as soon as practicable after the deter-
14
mination that such estimate was inac-
15
curate. Proper adjustment shall be made in 
16
the amount of any subsequent payments 
17
made under paragraph (1) to the extent 
18
that proper payment is not made under the 
19
preceding sentence before such subsequent 
20
payments. 
21
‘‘(ii) 
ADDITIONAL
REPORTS.—The 
22
Secretary may require such additional peri-
23
odic reports of the information described in 
24
subparagraph (B) as the Secretary deter-
25
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204 
HR 6800 PCS
mines appropriate to facilitate timely ad-
1
justments under clause (i). 
2
‘‘(D) 
DETERMINATION
OF
COST
OF 
3
EARNED INCOME TAX CREDIT.—For purposes 
4
of this subsection, the cost to Puerto Rico of 
5
the earned income tax credit shall be deter-
6
mined by the Secretary on the basis of the laws 
7
of Puerto Rico and shall include reductions in 
8
revenues received by Puerto Rico by reason of 
9
such credit and refunds attributable to such 
10
credit, but shall not include any administrative 
11
costs with respect to such credit. 
12
‘‘(E) PREVENTION OF MANIPULATION OF 
13
BASE AMOUNT.—No payments shall be made 
14
under paragraph (1) if the earned income tax 
15
credit as in effect in Puerto Rico for taxable 
16
years beginning in or with calendar year 2019 
17
is modified after the date of the enactment of 
18
this subsection. 
19
‘‘(b) POSSESSIONS WITH MIRROR CODE TAX SYS-
20
TEMS.— 
21
‘‘(1) IN GENERAL.—With respect to calendar 
22
year 2020 and each calendar year thereafter, the 
23
Secretary shall, except as otherwise provided in this 
24
subsection, make payments to the Virgin Islands, 
25
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205 
HR 6800 PCS
Guam, and the Commonwealth of the Northern Mar-
1
iana Islands equal to— 
2
‘‘(A) 75 percent of the cost to such posses-
3
sion of the earned income tax credit for taxable 
4
years beginning in or with such calendar year, 
5
plus 
6
‘‘(B) in the case of calendar years 2020 
7
through 2024, the lesser of— 
8
‘‘(i) the expenditures made by such 
9
possession during such calendar year for 
10
education efforts with respect to individual 
11
taxpayers and tax return preparers relat-
12
ing to such earned income tax credit, or 
13
‘‘(ii) $50,000. 
14
‘‘(2) APPLICATION OF CERTAIN RULES.—Rules 
15
similar to the rules of subparagraphs (A), (B), (C), 
16
and (D) of subsection (a)(4) shall apply for purposes 
17
of this subsection. 
18
‘‘(c) AMERICAN SAMOA.— 
19
‘‘(1) IN GENERAL.—With respect to calendar 
20
year 2020 and each calendar year thereafter, the 
21
Secretary shall, except as otherwise provided in this 
22
subsection, make payments to American Samoa 
23
equal to— 
24
‘‘(A) the lesser of— 
25
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206 
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‘‘(i) 75 percent of the cost to Amer-
1
ican Samoa of the earned income tax cred-
2
it for taxable years beginning in or with 
3
such calendar year, or 
4
‘‘(ii) $12,000,000, plus 
5
‘‘(B) in the case of calendar years 2020 
6
through 2024, the lesser of— 
7
‘‘(i) the expenditures made by Amer-
8
ican Samoa during such calendar year for 
9
education efforts with respect to individual 
10
taxpayers and tax return preparers relat-
11
ing to such earned income tax credit, or 
12
‘‘(ii) $50,000. 
13
‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN 
14
AN EARNED INCOME TAX CREDIT.—The Secretary 
15
shall not make any payments under paragraph (1) 
16
with respect to any calendar year unless American 
17
Samoa has in effect an earned income tax credit for 
18
taxable years beginning in or with such calendar 
19
year which allows a refundable tax credit to individ-
20
uals on the basis of the taxpayer’s earned income 
21
which is designed to substantially increase workforce 
22
participation. 
23
‘‘(3) INFLATION ADJUSTMENT.—In the case of 
24
any calendar year after 2020, the $12,000,000 
25
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207 
HR 6800 PCS
amount in paragraph (1)(A)(ii) shall be increased by 
1
an amount equal to— 
2
‘‘(A) such dollar amount, multiplied by— 
3
‘‘(B) the cost-of-living adjustment deter-
4
mined under section 1(f)(3) for such calendar 
5
year, determined by substituting ‘calendar year 
6
2019’ for ‘calendar year 2016’ in subparagraph 
7
(A)(ii) thereof. 
8
Any increase determined under this clause shall be 
9
rounded to the nearest multiple of $100,000. 
10
‘‘(4) APPLICATION OF CERTAIN RULES.—Rules 
11
similar to the rules of subparagraphs (A), (B), (C), 
12
and (D) of subsection (a)(4) shall apply for purposes 
13
of this subsection. 
14
‘‘(d) TREATMENT OF PAYMENTS.—For purposes of 
15
section 1324 of title 31, United States Code, the payments 
16
under this section shall be treated in the same manner 
17
as a refund due from a credit provision referred to in sub-
18
section (b)(2) of such section.’’. 
19
(b) CLERICAL AMENDMENT.—The table of sections 
20
for chapter 77 of the Internal Revenue Code of 1986 is 
21
amended by adding at the end the following new item: 
22
‘‘Sec. 7529. Application of earned income tax credit to possessions of the 
United States.’’. 
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SEC. 20126. TEMPORARY SPECIAL RULE FOR DETERMINING 
1
EARNED INCOME FOR PURPOSES OF EARNED 
2
INCOME TAX CREDIT. 
3
(a) IN GENERAL.—If the earned income of the tax-
4
payer for the taxpayer’s first taxable year beginning in 
5
2020 is less than the earned income of the taxpayer for 
6
the preceding taxable year, the credit allowed under sec-
7
tion 32 of the Internal Revenue Code of 1986 may, at 
8
the election of the taxpayer, be determined by sub-
9
stituting-— 
10
(1) such earned income for the preceding tax-
11
able year, for 
12
(2) such earned income for the taxpayer’s first 
13
taxable year beginning in 2020. 
14
(b) EARNED INCOME.— 
15
(1) IN GENERAL.—For purposes of this section, 
16
the term ‘‘earned income’’ has the meaning given 
17
such term under section 32(c) of the Internal Rev-
18
enue Code of 1986. 
19
(2) APPLICATION
TO
JOINT
RETURNS.—For 
20
purposes of subsection (a), in the case of a joint re-
21
turn, the earned income of the taxpayer for the pre-
22
ceding taxable year shall be the sum of the earned 
23
income of each spouse for such preceding taxable 
24
year. 
25
(c) SPECIAL RULES.— 
26
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(1) ERRORS
TREATED
AS
MATHEMATICAL 
1
ERROR.—For purposes of section 6213 of the Inter-
2
nal Revenue Code of 1986, an incorrect use on a re-
3
turn of earned income pursuant to subsection (a) 
4
shall be treated as a mathematical or clerical error. 
5
(2) NO EFFECT ON DETERMINATION OF GROSS 
6
INCOME, ETC.—Except as otherwise provided in this 
7
subsection, the Internal Revenue Code of 1986 shall 
8
be applied without regard to any substitution under 
9
subsection (a). 
10
(d) TREATMENT OF CERTAIN POSSESSIONS.— 
11
(1) PAYMENTS TO POSSESSIONS WITH MIRROR 
12
CODE TAX SYSTEMS.—The Secretary of the Treas-
13
ury shall pay to each possession of the United States 
14
which has a mirror code tax system amounts equal 
15
to the loss (if any) to that possession by reason of 
16
the application of the provisions of this section 
17
(other than this subsection) with respect to section 
18
32 of the Internal Revenue Code of 1986. Such 
19
amounts shall be determined by the Secretary of the 
20
Treasury based on information provided by the gov-
21
ernment of the respective possession. 
22
(2) PAYMENTS TO OTHER POSSESSIONS.—The 
23
Secretary of the Treasury shall pay to each posses-
24
sion of the United States which does not have a mir-
25
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210 
HR 6800 PCS
ror code tax system amounts estimated by the Sec-
1
retary of the Treasury as being equal to the aggre-
2
gate benefits (if any) that would have been provided 
3
to residents of such possession by reason of the pro-
4
visions of this section (other than this subsection) 
5
with respect to section 32 of the Internal Revenue 
6
Code of 1986 if a mirror code tax system had been 
7
in effect in such possession. The preceding sentence 
8
shall not apply unless the respective possession has 
9
a plan, which has been approved by the Secretary of 
10
the Treasury, under which such possession will 
11
promptly distribute such payments to its residents. 
12
(3) MIRROR CODE TAX SYSTEM.—For purposes 
13
of this section, the term ‘‘mirror code tax system’’ 
14
means, with respect to any possession of the United 
15
States, the income tax system of such possession if 
16
the income tax liability of the residents of such pos-
17
session under such system is determined by ref-
18
erence to the income tax laws of the United States 
19
as if such possession were the United States. 
20
(4) TREATMENT OF PAYMENTS.—For purposes 
21
of section 1324 of title 31, United States Code, the 
22
payments under this section shall be treated in the 
23
same manner as a refund due from a credit provi-
24
sion referred to in subsection (b)(2) of such section. 
25
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Subtitle D—Child Tax Credit 
1
SEC. 20131. CHILD TAX CREDIT IMPROVEMENTS FOR 2020. 
2
(a) IN GENERAL.—Section 24 of the Internal Rev-
3
enue Code of 1986 is amended by adding at the end the 
4
following new subsection: 
5
‘‘(i) SPECIAL RULES FOR 2020.—In the case of any 
6
taxable year beginning in 2020— 
7
‘‘(1) REFUNDABLE CREDIT.—Subsection (h)(5) 
8
shall not apply and the increase determined under 
9
the first sentence of subsection (d)(1) shall be the 
10
amount determined under subsection (d)(1)(A) (de-
11
termined without regard to subsection (h)(4)). 
12
‘‘(2) CREDIT AMOUNT.—Subsection (h)(2) shall 
13
not apply and subsection (a) shall be applied by sub-
14
stituting ‘$3,000 ($3,600 in the case of a qualifying 
15
child who has not attained age 6 as of the close of 
16
the calendar year in which the taxable year of the 
17
taxpayer begins)’ for ‘$1,000’. 
18
‘‘(3) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT 
19
AS QUALIFYING CHILDREN.—This section shall be 
20
applied— 
21
‘‘(A) by substituting ‘age 18’ for ‘age 17’ 
22
in subsection (c)(1), and 
23
‘‘(B) by substituting ‘described in sub-
24
section (c) (determined after the application of 
25
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212 
HR 6800 PCS
subsection (i)(3)(A))’ for ‘described in sub-
1
section (c)’ in subsection (h)(4)(A).’’. 
2
(b) ADVANCE PAYMENT OF CREDIT.— 
3
(1) IN GENERAL.—Chapter 77 of such Code is 
4
amended by inserting after section 7527 the fol-
5
lowing new section: 
6
‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT. 
7
‘‘(a) IN GENERAL.—As soon as practicable after the 
8
date of the enactment of this Act, the Secretary shall es-
9
tablish a program for making advance payments of the 
10
credit allowed under subsection (a) of section 24 on a 
11
monthly basis (determined without regard to subsection 
12
(i)(4)) of such section), or as frequently as the Secretary 
13
determines to be administratively feasible, to taxpayers de-
14
termined to be eligible for advance payment of such credit. 
15
‘‘(b) LIMITATION.— 
16
‘‘(1) IN GENERAL.—The Secretary may make 
17
payments under subsection (a) only to the extent 
18
that the total amount of such payments made to any 
19
taxpayer during the taxable year does not exceed an 
20
amount equal to the excess, if any, of— 
21
‘‘(A) subject to paragraph (2), the amount 
22
determined under subsection (a) of section 24 
23
with respect to such taxpayer (determined with-
24
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out regard to subsection (i)(4)) of such section) 
1
for such taxable year, over 
2
‘‘(B) the estimated tax imposed by subtitle 
3
A, as reduced by the credits allowable under 
4
subparts A and C (other than section 24) of 
5
such part IV, with respect to such taxpayer for 
6
such taxable year, as determined in such man-
7
ner as the Secretary deems appropriate. 
8
‘‘(2) APPLICATION
OF
THRESHOLD
AMOUNT 
9
LIMITATION.—The program described in subsection 
10
(a) shall make reasonable efforts to apply the limita-
11
tion of section 24(b) with respect to payments made 
12
under such program. 
13
‘‘(c) APPLICATION.—The advance payments de-
14
scribed in this section shall only be made with respect to 
15
credits allowed under section 24 for taxable years begin-
16
ning during 2020.’’. 
17
(2) RECONCILIATION OF CREDIT AND ADVANCE 
18
CREDIT.—Section 24(i) of such Code, as amended by 
19
subsection (a), is amended by adding at the end the 
20
following new paragraph: 
21
‘‘(4) RECONCILIATION
OF
CREDIT
AND
AD-
22
VANCE CREDIT.— 
23
‘‘(A) IN
GENERAL.—The amount of the 
24
credit allowed under this section for any taxable 
25
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year shall be reduced (but not below zero) by 
1
the aggregate amount of any advance payments 
2
of such credit under section 7527A for such 
3
taxable year. 
4
‘‘(B) EXCESS ADVANCE PAYMENTS.—If the 
5
aggregate amount of advance payments under 
6
section 7527A for the taxable year exceeds the 
7
amount of the credit allowed under this section 
8
for such taxable year (determined without re-
9
gard to subparagraph (A)), the tax imposed by 
10
this chapter for such taxable year shall be in-
11
creased by the amount of such excess.’’. 
12
(3) CLERICAL AMEMDMENT.—The table of sec-
13
tions for chapter 77 of such Code is amended by in-
14
serting after the item relating to section 7527 the 
15
following new item: 
16
‘‘Sec. 7527A. Advance payment of child tax credit.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
17
this section shall apply to taxable years beginning after 
18
December 31, 2019. 
19
SEC. 20132. APPLICATION OF CHILD TAX CREDIT IN POS-
20
SESSIONS. 
21
(a) IN GENERAL.—Section 24 of the Internal Rev-
22
enue Code of 1986, as amended by the preceding provi-
23
sions of this Act, is amended by adding at the end the 
24
following new subsection: 
25
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‘‘(j) APPLICATION OF CREDIT IN POSSESSIONS.— 
1
‘‘(1) MIRROR CODE POSSESSIONS.— 
2
‘‘(A) IN
GENERAL.—The Secretary shall 
3
pay to each possession of the United States 
4
with a mirror code tax system amounts equal to 
5
the loss to that possession by reason of the ap-
6
plication of this section (determined without re-
7
gard to this subsection) with respect to taxable 
8
years beginning after 2019. Such amounts shall 
9
be determined by the Secretary based on infor-
10
mation provided by the government of the re-
11
spective possession. 
12
‘‘(B) COORDINATION
WITH
CREDIT
AL-
13
LOWED
AGAINST
UNITED
STATES
INCOME 
14
TAXES.—No credit shall be allowed under this 
15
section for any taxable year to any individual to 
16
whom a credit is allowable against taxes im-
17
posed by a possession with a mirror code tax 
18
system by reason of the application of this sec-
19
tion in such possession for such taxable year. 
20
‘‘(C) MIRROR
CODE
TAX
SYSTEM.—For 
21
purposes of this paragraph, the term ‘mirror 
22
code tax system’ means, with respect to any 
23
possession of the United States, the income tax 
24
system of such possession if the income tax li-
25
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ability of the residents of such possession under 
1
such system is determined by reference to the 
2
income tax laws of the United States as if such 
3
possession were the United States. 
4
‘‘(2) PUERTO RICO.—In the case of any bona 
5
fide resident of Puerto Rico (within the meaning of 
6
section 937(a))— 
7
‘‘(A) the credit determined under this sec-
8
tion shall be allowable to such resident, 
9
‘‘(B) in the case of any taxable year begin-
10
ning during 2020, the increase determined 
11
under the first sentence of subsection (d)(1) 
12
shall be the amount determined under sub-
13
section (d)(1)(A) (determined without regard to 
14
subsection (h)(4)), 
15
‘‘(C) in the case of any taxable year begin-
16
ning after December 31, 2020, and before Jan-
17
uary 1, 2026, the increase determined under 
18
the first sentence of subsection (d)(1) shall be 
19
the lesser of— 
20
‘‘(i) the amount determined under 
21
subsection (d)(1)(A) (determined without 
22
regard to subsection (h)(4)), or 
23
‘‘(ii) the dollar amount in effect under 
24
subsection (h)(5), and 
25
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‘‘(D) in the case of any taxable year after 
1
December 31, 2025, the increase determined 
2
under the first sentence of subsection (d)(1) 
3
shall be the amount determined under sub-
4
section (d)(1)(A). 
5
‘‘(3) AMERICAN SAMOA.— 
6
‘‘(A) IN
GENERAL.—The Secretary shall 
7
pay to American Samoa amounts estimated by 
8
the Secretary as being equal to the aggregate 
9
benefits that would have been provided to resi-
10
dents of American Samoa by reason of the ap-
11
plication of this section for taxable years begin-
12
ning after 2019 if the provisions of this section 
13
had been in effect in American Samoa. 
14
‘‘(B) DISTRIBUTION REQUIREMENT.—Sub-
15
paragraph (A) shall not apply unless American 
16
Samoa has a plan, which has been approved by 
17
the Secretary, under which American Samoa 
18
will promptly distribute such payments to the 
19
residents of American Samoa in a manner 
20
which replicates to the greatest degree prac-
21
ticable the benefits that would have been so 
22
provided to each such resident. 
23
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‘‘(C) COORDINATION
WITH
CREDIT
AL-
1
LOWED
AGAINST
UNITED
STATES
INCOME 
2
TAXES.— 
3
‘‘(i) IN GENERAL.—In the case of a 
4
taxable year with respect to which a plan 
5
is approved under subparagraph (B), this 
6
section (other than this subsection) shall 
7
not apply to any individual eligible for a 
8
distribution under such plan. 
9
‘‘(ii) APPLICATION
OF
SECTION
IN 
10
EVENT
OF
ABSENCE
OF
APPROVED 
11
PLAN.—In the case of a taxable year with 
12
respect to which a plan is not approved 
13
under subparagraph (B), rules similar to 
14
the rules of paragraph (2) shall apply with 
15
respect to bona fide residents of American 
16
Samoa (within the meaning of section 
17
937(a)). 
18
‘‘(4) TREATMENT
OF
PAYMENTS.—The pay-
19
ments made under this subsection shall be treated in 
20
the same manner for purposes of section 1324(b)(2) 
21
of title 31, United States Code, as refunds due from 
22
the credit allowed under this section.’’. 
23
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(b) EFFECTIVE DATE.—The amendment made by 
1
this section shall apply to taxable years beginning after 
2
December 31, 2019. 
3
Subtitle E—Dependent Care 
4
Assistance 
5
SEC. 20141. REFUNDABILITY AND ENHANCEMENT OF CHILD 
6
AND DEPENDENT CARE TAX CREDIT. 
7
(a) IN GENERAL.—Section 21 of the Internal Rev-
8
enue Code of 1986 is amended by adding at the end the 
9
following new subsection: 
10
‘‘(g) SPECIAL RULES FOR 2020.—In the case of any 
11
taxable year beginning after December 31, 2019, and be-
12
fore January 1, 2021— 
13
‘‘(1) CREDIT MADE REFUNDABLE.—In the case 
14
of an individual other than a nonresident alien, the 
15
credit allowed under subsection (a) shall be treated 
16
as a credit allowed under subpart C (and not allowed 
17
under this subpart). 
18
‘‘(2) INCREASE IN APPLICABLE PERCENTAGE.— 
19
Subsection (a)(2) shall be applied— 
20
‘‘(A) by substituting ‘50 percent’ for ‘35 
21
percent ’, and 
22
‘‘(B) 
by 
substituting 
‘$120,000’ 
for 
23
‘$15,000’. 
24
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‘‘(3) INCREASE IN DOLLAR LIMIT ON AMOUNT 
1
CREDITABLE.—Subsection (c) shall be applied— 
2
‘‘(A) by substituting ‘$6,000’ for ‘$3,000’ 
3
in paragraph (1) thereof, and 
4
‘‘(B) by substituting ‘twice the amount in 
5
effect under paragraph (1)’ for ‘$6,000’ in 
6
paragraph (2) thereof.’’. 
7
(b) CONFORMING AMENDMENT.—Section 1324(b)(2) 
8
of title 31, United States Code, is amended by inserting 
9
‘‘21 (by reason of subsection (g) thereof),’’ before ‘‘25A’’. 
10
(c) COORDINATION WITH POSSESSION TAX SYS-
11
TEMS.—Section 21(g)(1) of the Internal Revenue Code of 
12
1986 (as added by this section) shall not apply to any per-
13
son— 
14
(1) to whom a credit is allowed against taxes 
15
imposed by a possession with a mirror code tax sys-
16
tem by reason of the application of section 21 of 
17
such Code in such possession for such taxable year, 
18
or 
19
(2) to whom a credit would be allowed against 
20
taxes imposed by a possession which does not have 
21
a mirror code tax system if the provisions of section 
22
21 of such Code had been in effect in such posses-
23
sion for such taxable year. 
24
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(d) EFFECTIVE DATE.—The amendments made by 
1
this section shall apply to taxable years beginning after 
2
December 31, 2019. 
3
SEC. 20142. INCREASE IN EXCLUSION FOR EMPLOYER-PRO-
4
VIDED DEPENDENT CARE ASSISTANCE. 
5
(a) IN GENERAL.—Section 129(a)(2) of the Internal 
6
Revenue Code of 1986 is amended by adding at the end 
7
the following new subparagraph: 
8
‘‘(D) SPECIAL
RULE
FOR
2020.—In the 
9
case of any taxable year beginning during 2020, 
10
subparagraph (A) shall be applied be sub-
11
stituting ‘$10,500 (half such dollar amount’ for 
12
‘$5,000 ($2,500’.’’. 
13
(b) EFFECTIVE DATE.—The amendment made by 
14
this section shall apply to taxable years beginning after 
15
December 31, 2019. 
16
(c) RETROACTIVE PLAN AMENDMENTS.—A plan or 
17
other arrangement that otherwise satisfies all applicable 
18
requirements of sections 106, 125, and 129 of the Internal 
19
Revenue Code of 1986 (including any rules or regulations 
20
thereunder) shall not fail to be treated as a cafeteria plan 
21
or dependent care flexible spending arrangement merely 
22
because such plan or arrangement is amended pursuant 
23
to a provision under this section and such amendment is 
24
retroactive, if— 
25
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(1) such amendment is adopted no later than 
1
the last day of the plan year in which the amend-
2
ment is effective, and 
3
(2) the plan or arrangement is operated con-
4
sistent with the terms of such amendment during 
5
the period beginning on the effective date of the 
6
amendment and ending on the date the amendment 
7
is adopted. 
8
Subtitle F—Flexibility for Certain 
9
Employee Benefits 
10
SEC. 20151. INCREASE IN CARRYOVER FOR HEALTH FLEXI-
11
BLE SPENDING ARRANGEMENTS. 
12
(a) IN GENERAL.—A plan or other arrangement that 
13
otherwise satisfies all of the applicable requirements of 
14
sections 106 and 125 of the Internal Revenue Code of 
15
1986 (including any rules or regulations thereunder) shall 
16
not fail to be treated as a cafeteria plan or health flexible 
17
spending arrangement merely because such plan or ar-
18
rangement permits participants to carry over an amount 
19
not in excess of $2,750 of unused benefits or contributions 
20
remaining in a health flexible spending arrangement from 
21
the plan year ending in 2020 to the plan year ending in 
22
2021. 
23
(b) DEFINITIONS.—Any term used in this section 
24
which is also used in section 106 or 125 of the Internal 
25
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Revenue Code of 1986 or the rules or regulations there-
1
under shall have the same meaning as when used in such 
2
section or rules or regulations. 
3
SEC. 20152. CARRYOVER FOR DEPENDENT CARE FLEXIBLE 
4
SPENDING ARRANGEMENTS. 
5
(a) IN GENERAL.—A plan or other arrangement that 
6
otherwise satisfies all applicable requirements of sections 
7
106, 125, and 129 of the Internal Revenue Code of 1986 
8
(including any rules or regulations thereunder) shall not 
9
fail to be treated as a cafeteria plan or dependent care 
10
flexible spending arrangement merely because such plan 
11
or arrangement permits participants to carry over (under 
12
rules similar to the rules applicable to health flexible 
13
spending arrangements) an amount, not in excess of the 
14
amount in effect under section 129(a)(2)(A) of such Code, 
15
of unused benefits or contributions remaining in a depend-
16
ent care flexible spending arrangement from the plan year 
17
ending in 2020 to the plan year ending in 2021. 
18
(b) DEFINITIONS.—Any term used in this section 
19
which is also used in section 106, 125, or 129 of the Inter-
20
nal Revenue Code of 1986 or the rules or regulations 
21
thereunder shall have the same meaning as when used in 
22
such section or rules or regulations. 
23
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SEC. 20153. CARRYOVER OF PAID TIME OFF. 
1
(a) IN GENERAL.—A plan that otherwise satisfies all 
2
applicable requirements of section 125 of the Internal Rev-
3
enue Code of 1986 (including any rules or regulations 
4
thereunder) shall not fail to be treated as a cafeteria plan 
5
merely because such plan permits participants to carry 
6
over (under rules similar to the rules applicable to health 
7
flexible spending arrangements) any amount of paid time 
8
off (without limitation) from the plan year ending in 2020 
9
to the plan year ending in 2021. 
10
(b) DEFINITIONS.—Any term used in this section 
11
which is also used in section 125 of the Internal Revenue 
12
Code of 1986 or the rules or regulations thereunder shall 
13
have the same meaning as when used in such section or 
14
rules or regulations. 
15
SEC. 20154. CHANGE IN ELECTION AMOUNT. 
16
(a) IN GENERAL.—A plan or other arrangement that 
17
otherwise satisfies all applicable requirements of sections 
18
106 and 125 of the Internal Revenue Code of 1986 (in-
19
cluding any rules or regulations thereunder) shall not fail 
20
to be treated as a cafeteria plan or health flexible spending 
21
arrangement merely because such plan or arrangement al-
22
lows an employee to make, with respect to the remaining 
23
portion of a period of coverage within the applicable pe-
24
riod— 
25
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(1) an election modifying the amount of such 
1
employee’s contributions to such a health flexible 
2
spending arrangement (without regard to any 
3
change in status), or 
4
(2) an election modifying the amount of such 
5
employee’s elective paid time off. 
6
Any election as modified under paragraph (1) shall not 
7
exceed the limitation applicable under section 125(i) for 
8
the taxable year. 
9
(b) ONE-TIME APPLICATION.—Paragraphs (1) and 
10
(2) of subsection (a) shall each apply to only 1 election 
11
change described in such paragraph with respect to an em-
12
ployee (in addition to any other election changes during 
13
a period of coverage permitted under the plan or arrange-
14
ment without regard to this section). 
15
(c) APPLICABLE PERIOD.—For purposes of this sec-
16
tion, the term ‘‘applicable period’’ means the period begin-
17
ning on the date of the enactment of this Act and ending 
18
on December 31, 2020. 
19
(d) DEFINITIONS.—Any term used in this section 
20
which is also used in section 106 or 125 of the Internal 
21
Revenue Code of 1986 or the rules or regulations there-
22
under shall have the same meaning as when used in such 
23
section or rules or regulations. 
24
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SEC. 20155. EXTENSION OF GRACE PERIODS, ETC. 
1
(a) IN GENERAL.—A plan or other arrangement that 
2
otherwise satisfies all applicable requirements of sections 
3
106, 125, or 129 of the Internal Revenue Code (including 
4
any rules or regulations thereunder) shall not fail to be 
5
treated as a cafeteria plan, health flexible spending ar-
6
rangement, or dependent care flexible spending arrange-
7
ment (whichever is applicable) merely because such plan 
8
or arrangement extends the grace period for the plan year 
9
ending in 2020 to 12 months after the end of such plan 
10
year, with respect to unused benefits or contributions re-
11
maining in a health flexible spending arrangement or a 
12
dependent care flexible spending arrangement. 
13
(b) POST-TERMINATION REIMBURSEMENTS FROM 
14
HEALTH FSAS.—A plan or other arrangement that other-
15
wise satisfies all applicable requirements of sections 106 
16
and 125 of the Internal Revenue Code of 1986 (including 
17
any rules or regulations thereunder) shall not fail to be 
18
treated as a cafeteria plan or health flexible spending ar-
19
rangement merely because such plan or arrangement al-
20
lows (under rules similar to the rules applicable to depend-
21
ent care flexible spending arrangements) an employee who 
22
ceases participation in the plan during calendar year 2020 
23
to continue to receive reimbursements from unused bene-
24
fits or contributions through the end of the plan year (in-
25
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cluding any grace period, taking into account any modi-
1
fication of a grace period permitted under subsection (a)). 
2
(c) DEFINITIONS.—Any term used in this section 
3
which is also used in section 106, 125, or 129 of the Inter-
4
nal Revenue Code of 1986 or the rules or regulations 
5
thereunder shall have the same meaning as when used in 
6
such section or rules or regulations. 
7
SEC. 20156. PLAN AMENDMENTS. 
8
A plan or other arrangement that otherwise satisfies 
9
all applicable requirements of sections 106, 125, and 129 
10
of the Internal Revenue Code of 1986 (including any rules 
11
or regulations thereunder) shall not fail to be treated as 
12
a cafeteria plan, health flexible spending arrangement, or 
13
dependent care flexible spending arrangement merely be-
14
cause such plan or arrangement is amended pursuant to 
15
a provision under this subtitle and such amendment is ret-
16
roactive, if— 
17
(1) such amendment is adopted no later than 
18
the last day of the plan year in which the amend-
19
ment is effective, and 
20
(2) the plan or arrangement is operated con-
21
sistent with the terms of such amendment during 
22
the period beginning on the effective date of the 
23
amendment and ending on the date the amendment 
24
is adopted. 
25
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Subtitle G—Deduction of State and 
1
Local Taxes 
2
SEC. 20161. ELIMINATION FOR 2020 AND 2021 OF LIMITA-
3
TION ON DEDUCTION OF STATE AND LOCAL 
4
TAXES. 
5
(a) IN GENERAL.—Section 164(b)(6)(B) of the Inter-
6
nal Revenue Code of 1986 is amended by inserting ‘‘in 
7
the case of a taxable year beginning before January 1, 
8
2020, or after December 31, 2021,’’ before ‘‘the aggregate 
9
amount of taxes’’. 
10
(b) CONFORMING AMENDMENTS.—Section 164(b)(6) 
11
of the Internal Revenue Code of 1986 is amended— 
12
(1) by striking ‘‘For purposes of subparagraph 
13
(B)’’ and inserting ‘‘For purposes of this section’’, 
14
(2) by striking ‘‘January 1, 2018’’ and insert-
15
ing ‘‘January 1, 2022’’, 
16
(3) by striking ‘‘December 31, 2017, shall’’ and 
17
inserting ‘‘December 31, 2021, shall’’, and 
18
(4) by adding at the end the following: ‘‘For 
19
purposes of this section, in the case of State or local 
20
taxes with respect to any real or personal property 
21
paid during a taxable year beginning in 2020 or 
22
2021, the Secretary shall prescribe rules which treat 
23
all or a portion of such taxes as paid in a taxable 
24
year or years other than the taxable year in which 
25
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HR 6800 PCS
actually paid as necessary or appropriate to prevent 
1
the avoidance of the limitations of this subsection.’’. 
2
(c) EFFECTIVE DATE.—The amendments made by 
3
this section shall apply to taxes paid or accrued in taxable 
4
years beginning after December 31, 2019. 
5
TITLE II—ADDITIONAL RELIEF 
6
FOR WORKERS 
7
Subtitle A—Additional Relief 
8
SEC. 20201. INCREASE IN ABOVE-THE-LINE DEDUCTION FOR 
9
CERTAIN EXPENSES OF ELEMENTARY AND 
10
SECONDARY SCHOOL TEACHERS. 
11
(a) INCREASE.—Section 62(a)(2)(D) of the Internal 
12
Revenue Code of 1986 is amended by striking ‘‘$250’’ and 
13
inserting ‘‘$500’’. 
14
(b) CONFORMING AMENDMENTS.—Section 62(d)(3) 
15
of the Internal Revenue Code of 1986 is amended— 
16
(1) by striking ‘‘2015’’ and inserting ‘‘2020’’, 
17
(2) by striking ‘‘$250’’ and inserting ‘‘$500’’, 
18
and 
19
(3) in subparagraph (B), by striking ‘‘2014’’ 
20
and inserting ‘‘2019’’. 
21
(c) EFFECTIVE DATE.—The amendments made by 
22
this section shall apply to taxable years beginning after 
23
December 31, 2019. 
24
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SEC. 20202. ABOVE-THE-LINE DEDUCTION ALLOWED FOR 
1
CERTAIN EXPENSES OF FIRST RESPONDERS. 
2
(a) IN GENERAL.—Section 62(a)(2) of the Internal 
3
Revenue Code of 1986 is amended by adding at the end 
4
the following new subparagraph: 
5
‘‘(F) CERTAIN
EXPENSES
OF
FIRST
RE-
6
SPONDERS.—The deductions allowed by section 
7
162 which consist of expenses, not in excess of 
8
$500, paid or incurred by a first responder— 
9
‘‘(i) as tuition or fees for the partici-
10
pation of the first responder in profes-
11
sional development courses related to serv-
12
ice as a first responder, or 
13
‘‘(ii) for uniforms used by the first re-
14
sponder in service as a first responder.’’. 
15
(b) FIRST RESPONDER DEFINED.—Section 62(d) of 
16
the Internal Revenue Code of 1986 is amended by adding 
17
at the end the following new paragraph: 
18
‘‘(4) FIRST RESPONDER.—For purposes of sub-
19
section (a)(2)(F), the term ‘first responder’ means, 
20
with respect to any taxable year, any employee who 
21
provides at least 1000 hours of service during such 
22
taxable year as a law enforcement officer, firefighter, 
23
paramedic, or emergency medical technician.’’. 
24
(c) INFLATION ADJUSTMENT.—Section 62(d)(3) of 
25
the Internal Revenue Code of 1986, as amended by the 
26
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preceding provisions of this Act, is further amended by 
1
striking ‘‘the $500 amount in subsection (a)(2)(D)’’ and 
2
inserting ‘‘the $500 amount in each of subparagraphs (D) 
3
and (F) of subsection (a)(2)’’. 
4
(d) EFFECTIVE DATE.—The amendments made by 
5
this section shall apply to taxable years beginning after 
6
December 31, 2019. 
7
SEC. 20203. TEMPORARY ABOVE-THE-LINE DEDUCTION FOR 
8
SUPPLIES AND EQUIPMENT OF FIRST RE-
9
SPONDERS AND COVID–19 FRONT LINE EM-
10
PLOYEES. 
11
(a) IN GENERAL.—Section 62(d) of the Internal Rev-
12
enue Code of 1986, as amended by the preceding provi-
13
sions of this Act, is amended by adding at the end of the 
14
following new paragraph: 
15
‘‘(5) TEMPORARY RULE FOR FIRST RESPOND-
16
ERS AND COVID–19 FRONT LINE EMPLOYEES.— 
17
‘‘(A) IN
GENERAL.—In the case of any 
18
taxable year beginning in 2020— 
19
‘‘(i) subsection (a)(2)(F)(ii) shall be 
20
applied by substituting ‘uniforms, supplies, 
21
or equipment’ for ‘uniforms’, and 
22
‘‘(ii) 
for 
purposes 
of 
subsection 
23
(a)(2)(F), the term ‘first responder’ shall 
24
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232 
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include any COVID–19 front line em-
1
ployee. 
2
‘‘(B) 
COVID–19 
FRONT
LINE
EM-
3
PLOYEE.—For purposes of this paragraph, the 
4
term ‘COVID–19 front line employee’ means, 
5
with respect to any taxable year, any individual 
6
who performs at least 1000 hours of essential 
7
work (as defined in the COVID–19 Heroes 
8
Fund Act of 2020 except without regard to the 
9
time period during which such work is per-
10
formed) during such taxable year as an em-
11
ployee in a trade or business of an employer.’’. 
12
(b) EFFECTIVE DATE.—The amendment made by 
13
this section shall apply to taxable years beginning after 
14
December 31, 2019. 
15
SEC. 20204. PAYROLL CREDIT FOR CERTAIN PANDEMIC-RE-
16
LATED EMPLOYEE BENEFIT EXPENSES PAID 
17
BY EMPLOYERS. 
18
(a) IN GENERAL.—In the case of an employer, there 
19
shall be allowed as a credit against applicable employment 
20
taxes for each calendar quarter an amount equal to the 
21
applicable percentage of the qualified pandemic-related 
22
employee benefit expenses paid by such employer with re-
23
spect to such calendar quarter. 
24
(b) LIMITATIONS AND REFUNDABILITY.— 
25
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(1) DOLLAR LIMITATION PER EMPLOYEE.—The 
1
qualified pandemic-related employee benefit expenses 
2
which may be taken into account under subsection 
3
(a) with respect to any employee for any calendar 
4
quarter shall not exceed $5,000. 
5
(2) CREDIT LIMITED TO CERTAIN EMPLOYMENT 
6
TAXES.—The credit allowed by subsection (a) with 
7
respect to any calendar quarter shall not exceed the 
8
applicable employment taxes for such calendar quar-
9
ter (reduced by any credits allowed under sub-
10
sections (e) and (f) of section 3111 of such Code, 
11
sections 7001 and 7003 of the Families First 
12
Coronavirus Response Act, and section 2301 of the 
13
CARES Act, for such quarter) on the wages paid 
14
with respect to the employment of all the employees 
15
of the employer for such calendar quarter. 
16
(3) REFUNDABILITY OF EXCESS CREDIT.— 
17
(A) IN GENERAL.—If the amount of the 
18
credit under subsection (a) exceeds the limita-
19
tion of paragraph (2) for any calendar quarter, 
20
such excess shall be treated as an overpayment 
21
that shall be refunded under sections 6402(a) 
22
and 6413(b) of the Internal Revenue Code of 
23
1986. 
24
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234 
HR 6800 PCS
(B) TREATMENT OF PAYMENTS.—For pur-
1
poses of section 1324 of title 31, United States 
2
Code, any amounts due to an employer under 
3
this paragraph shall be treated in the same 
4
manner as a refund due from a credit provision 
5
referred to in subsection (b)(2) of such section. 
6
(4) 
COORDINATION
WITH
GOVERNMENT 
7
GRANTS.—The qualified pandemic-related employee 
8
benefit expenses taken into account under this sec-
9
tion by any employer shall be reduced by any 
10
amounts provided by and Federal, State, or local 
11
government for purposes of making or reimbursing 
12
such expenses. 
13
(c) QUALIFIED
PANDEMIC-RELATED
EMPLOYEE 
14
BENEFIT EXPENSES.—For purposes of this section, the 
15
term ‘‘qualified pandemic-related employee benefit ex-
16
penses’’ means any amount paid to or for the benefit of 
17
an employee in the employment of the employer if— 
18
(1) such amount is excludible from the gross in-
19
come of the employee under section 139 of the Inter-
20
nal Revenue Code of 1986 by reason of being a 
21
qualified disaster relief payment described in sub-
22
section (b)(1) of such section with respect to a quali-
23
fied disaster described in subsection (c)(2) of such 
24
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235 
HR 6800 PCS
section which was declared by reason of COVID–19, 
1
and 
2
(2) the employer elects (at such time and in 
3
such manner as the Secretary may provide) to treat 
4
such amount as a qualified pandemic-related em-
5
ployee benefit expense. 
6
(d) APPLICABLE PERCENTAGE.—For purposes of 
7
this section— 
8
(1) IN GENERAL.—The term ‘‘applicable per-
9
centage’’ means— 
10
(A) 50 percent, in the case of qualified 
11
pandemic-related employee benefit expenses 
12
paid with respect to an essential employee, and 
13
(B) 30 percent, in any other case. 
14
(2) ESSENTIAL EMPLOYEE.—The term ‘‘essen-
15
tial employee’’ means, with respect to any employer 
16
for any calendar quarter, any employee of such em-
17
ployer if a substantial portion of the services per-
18
formed by such employee for such employer during 
19
such calendar quarter are essential work (as defined 
20
in the COVID–19 Heroes Fund Act of 2020 except 
21
without regard to the time period during which such 
22
work is performed). 
23
(e) SPECIAL RULES; OTHER DEFINITIONS.— 
24
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236 
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(1) APPLICATION OF CERTAIN NON-DISCRIMINA-
1
TION RULES.—No credit shall be allowed under this 
2
section to any employer for any calendar quarter if 
3
qualified pandemic-related employee benefit expenses 
4
are provided by such employer to employees for such 
5
calendar quarter in a manner which discriminates in 
6
favor of highly compensated individuals (within the 
7
meaning of section 125) as to eligibility for, or the 
8
amount of, such benefit expenses. An employer may 
9
elect with respect to any calendar quarter to apply 
10
this paragraph separately with respect to essential 
11
employees and with respect to all other employees. 
12
(2) DENIAL OF DOUBLE BENEFIT.—For pur-
13
poses of chapter 1 of such Code, no deduction or 
14
credit (other than the credit allowed under this sec-
15
tion) shall be allowed for so much of qualified pan-
16
demic-related employee benefit expenses as is equal 
17
to the credit allowed under this section. 
18
(3) THIRD PARTY PAYORS.—Any credit allowed 
19
under this section shall be treated as a credit de-
20
scribed in section 3511(d)(2) of such Code. 
21
(4) APPLICABLE
EMPLOYMENT
TAXES.—For 
22
purposes of this section, the term ‘‘applicable em-
23
ployment taxes’’ means the following: 
24
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237 
HR 6800 PCS
(A) The taxes imposed under section 
1
3111(a) of the Internal Revenue Code of 1986. 
2
(B) So much of the taxes imposed under 
3
section 3221(a) of such Code as are attrib-
4
utable to the rate in effect under section 
5
3111(a) of such Code. 
6
(5) SECRETARY.—For purposes of this section, 
7
the term ‘‘Secretary’’ means the Secretary of the 
8
Treasury or the Secretary’s delegate. 
9
(6) CERTAIN TERMS.— 
10
(A) IN GENERAL.—Any term used in this 
11
section which is also used in chapter 21 or 22 
12
of such Code shall have the same meaning as 
13
when used in such chapter (as the case may 
14
be). 
15
(B) CERTAIN
PROVISIONS
NOT
TAKEN 
16
INTO ACCOUNT EXCEPT FOR PURPOSES OF LIM-
17
ITING CREDIT TO EMPLOYMENT TAXES.—For 
18
purposes of subparagraph (A) (other than with 
19
respect to subsection (b)(2)), section 3121(b) of 
20
such Code shall be applied without regard to 
21
paragraphs (1), (5), (6), (7), (8), (10), (13), 
22
(18), (19), and (22) thereof (except with re-
23
spect to services performed in a penal institu-
24
tion by an inmate thereof) and section 
25
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238 
HR 6800 PCS
3231(e)(1) shall be applied without regard to 
1
the sentence that begins ‘‘Such term does not 
2
include remuneration’’. 
3
(f) CERTAIN GOVERNMENTAL EMPLOYERS.— 
4
(1) IN GENERAL.—The credit under this section 
5
shall not be allowed to the Federal Government or 
6
any agency or instrumentality thereof. 
7
(2) EXCEPTION.—Paragraph (1) shall not 
8
apply to any organization described in section 
9
501(c)(1) of the Internal Revenue Code of 1986 and 
10
exempt from tax under section 501(a) of such Code. 
11
(g) TREATMENT OF DEPOSITS.—The Secretary shall 
12
waive any penalty under section 6656 of such Code for 
13
any failure to make a deposit of applicable employment 
14
taxes if the Secretary determines that such failure was due 
15
to the anticipation of the credit allowed under this section. 
16
(h) REGULATIONS.—The Secretary shall prescribe 
17
such regulations or other guidance as may be necessary 
18
to carry out the purposes of this section, including regula-
19
tions or other guidance— 
20
(1) to allow the advance payment of the credit 
21
determined under subsection (a), subject to the limi-
22
tations provided in this section, based on such infor-
23
mation as the Secretary shall require, 
24
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239 
HR 6800 PCS
(2) to provide for the reconciliation of such ad-
1
vance payment with the amount of the credit at the 
2
time of filing the return of tax for the applicable 
3
quarter or taxable year, 
4
(3) for recapturing the benefit of credits deter-
5
mined under this section in cases where there is a 
6
subsequent adjustment to the credit determined 
7
under subsection (a), and 
8
(4) with respect to the application of the credit 
9
to third party payors (including professional em-
10
ployer organizations, certified professional employer 
11
organizations, or agents under section 3504 of such 
12
Code), including to allow such payors to submit doc-
13
umentation necessary to substantiate eligibility for, 
14
and the amount of, the credit allowed under this sec-
15
tion. 
16
(i) APPLICATION OF SECTION.—This section shall 
17
apply only to qualified pandemic-related employee benefit 
18
expenses paid after March 12, 2020, and before January 
19
1, 2021. 
20
(j) TRANSFERS TO CERTAIN TRUST FUNDS.—There 
21
are hereby appropriated to the Federal Old-Age and Sur-
22
vivors Insurance Trust Fund and the Federal Disability 
23
Insurance Trust Fund established under section 201 of 
24
the Social Security Act (42 U.S.C. 401) and the Social 
25
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240 
HR 6800 PCS
Security Equivalent Benefit Account established under 
1
section 15A(a) of the Railroad Retirement Act of 1974 
2
(45 U.S.C. 231n–1(a)) amounts equal to the reduction in 
3
revenues to the Treasury by reason of this section (without 
4
regard to this subsection). Amounts appropriated by the 
5
preceding sentence shall be transferred from the general 
6
fund at such times and in such manner as to replicate 
7
to the extent possible the transfers which would have oc-
8
curred to such Trust Fund or Account had this section 
9
not been enacted. 
10
Subtitle B—Tax Credits to Prevent 
11
Business Interruption 
12
SEC. 20211. IMPROVEMENTS TO EMPLOYEE RETENTION 
13
CREDIT. 
14
(a) INCREASE
IN CREDIT PERCENTAGE.—Section 
15
2301(a) of the CARES Act is amended by striking ‘‘50 
16
percent’’ and inserting ‘‘80 percent’’. 
17
(b) INCREASE IN PER EMPLOYEE LIMITATION.—Sec-
18
tion 2301(b)(1) of the CARES Act is amended by striking 
19
‘‘for all calendar quarters shall not exceed $10,000.’’ and 
20
inserting ‘‘shall not exceed— 
21
‘‘(A) $15,000 in any calendar quarter, and 
22
‘‘(B) $45,000 in the aggregate for all cal-
23
endar quarters.’’. 
24
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241 
HR 6800 PCS
(c) MODIFICATION OF THRESHOLD FOR TREATMENT 
1
AS A LARGE EMPLOYER.— 
2
(1) IN GENERAL.—Section 2301(c)(3)(A) of the 
3
CARES Act is amended— 
4
(A) by striking ‘‘for which the average 
5
number of full-time employees (within the 
6
meaning of section 4980H of the Internal Rev-
7
enue Code of 1986) employed by such eligible 
8
employer during 2019 was greater than 100’’ in 
9
clause (i) and inserting ‘‘which is a large em-
10
ployer’’, and 
11
(B) by striking ‘‘for which the average 
12
number of full-time employees (within the 
13
meaning of section 4980H of the Internal Rev-
14
enue Code of 1986) employed by such eligible 
15
employer during 2019 was not greater than 
16
100’’ in clause (ii) and inserting ‘‘which is not 
17
a large employer’’. 
18
(2) 
LARGE
EMPLOYER
DEFINED.—Section 
19
2301(c) of the CARES Act is amended by redesig-
20
nating paragraph (6) as paragraph (7) and by in-
21
serting after paragraph (5) the following new para-
22
graph: 
23
‘‘(6) LARGE EMPLOYER.—The term ‘large em-
24
ployer’ means any eligible employer if— 
25
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242 
HR 6800 PCS
‘‘(A) the average number of full-time em-
1
ployees (as determined for purposes of deter-
2
mining whether an employer is an applicable 
3
large 
employer 
for 
purposes 
of 
section 
4
4980H(c)(2) of the Internal Revenue Code of 
5
1986) employed by such eligible employer dur-
6
ing calendar year 2019 was greater than 1,500, 
7
and 
8
‘‘(B) the gross receipts (within the mean-
9
ing of section 448(c) of the Internal Revenue 
10
Code of 1986) of such eligible employer during 
11
calendar 
year 
2019 
was 
greater 
than 
12
$41,500,000.’’. 
13
(d) PHASE-IN OF ELIGIBILITY BASED ON REDUC-
14
TION IN GROSS RECEIPTS.— 
15
(1) DECREASE OF REDUCTION IN GROSS RE-
16
CEIPTS NECESSARY TO QUALIFY FOR CREDIT.—Sec-
17
tion 2301(c)(2)(B) of the CARES Act is amended— 
18
(A) by striking ‘‘50 percent’’ in clause (i) 
19
and inserting ‘‘90 percent’’, and 
20
(B) by striking ‘‘80 percent’’ in clause (ii) 
21
and inserting ‘‘90 percent’’. 
22
(2) PHASE-IN
OF
CREDIT
IF
REDUCTION
IN 
23
GROSS RECEIPTS IS LESS THAN 50 PERCENT.—Sec-
24
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243 
HR 6800 PCS
tion 2301(c)(2) of the CARES Act is amended by 
1
adding at the end the following new subparagraph: 
2
‘‘(D) PHASE-IN OF CREDIT WHERE BUSI-
3
NESS
NOT
SUSPENDED
AND
REDUCTION
IN 
4
GROSS RECEIPTS LESS THAN 50 PERCENT.— 
5
‘‘(i) IN GENERAL.—In the case of any 
6
calendar quarter with respect to which an 
7
eligible employer would not be an eligible 
8
employer if subparagraph (B)(i) were ap-
9
plied by substituting ‘50 percent’ for ‘90 
10
percent’, the amount of the credit allowed 
11
under subsection (a) shall be reduced by 
12
the amount which bears the same ratio to 
13
the amount of such credit (determined 
14
without regard to this subparagraph) as— 
15
‘‘(I) the excess gross receipts per-
16
centage point amount, bears to 
17
‘‘(II) 40 percentage points. 
18
‘‘(ii) EXCESS GROSS RECEIPTS PER-
19
CENTAGE POINT AMOUNT.—For purposes 
20
of this subparagraph, the term ‘excess 
21
gross receipts percentage point amount’ 
22
means, with respect to any calendar quar-
23
ter, the excess of— 
24
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244 
HR 6800 PCS
‘‘(I) the lowest of the gross re-
1
ceipts percentage point amounts de-
2
termined with respect to any calendar 
3
quarter during the period ending with 
4
such calendar quarter and beginning 
5
with the first calendar quarter during 
6
the period described in subparagraph 
7
(B), over 
8
‘‘(II) 50 percentage points. 
9
‘‘(iii) GROSS RECEIPTS PERCENTAGE 
10
POINT
AMOUNTS.—For purposes of this 
11
subparagraph, the term ‘gross receipts per-
12
centage point amount’ means, with respect 
13
to any calendar quarter, the percentage 
14
(expressed as a number of percentage 
15
points) obtained by dividing— 
16
‘‘(I) the gross receipts (within 
17
the meaning of subparagraph (B)) for 
18
such calendar quarter, by 
19
‘‘(II) the gross receipts for the 
20
same calendar quarter in calendar 
21
year 2019.’’. 
22
(3) GROSS RECEIPTS OF TAX-EXEMPT ORGANI-
23
ZATIONS.—Section 2301(c)(2)(C) of the CARES Act 
24
is amended— 
25
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245 
HR 6800 PCS
(A) by striking ‘‘of such Code, clauses (i) 
1
and (ii)(I)’’ and inserting ‘‘of such Code— 
2
‘‘(i) clauses (i) and (ii)(I)’’, 
3
(B) by striking the period at the end and 
4
inserting ‘‘, and’’, and 
5
(C) by adding at the end the following new 
6
clause: 
7
‘‘(ii) any reference in this section to 
8
gross receipts shall be treated as a ref-
9
erence to gross receipts within the meaning 
10
of section 6033 of such Code.’’. 
11
(e) MODIFICATION
OF TREATMENT
OF HEALTH 
12
PLAN EXPENSES.— 
13
(1) IN
GENERAL.—Section 2301(c)(5) of the 
14
CARES Act is amended to read as follows: 
15
‘‘(5) WAGES.— 
16
‘‘(A) IN
GENERAL.—The term ‘wages’ 
17
means wages (as defined in section 3121(a) of 
18
the Internal Revenue Code of 1986) and com-
19
pensation (as defined in section 3231(e) of such 
20
Code). 
21
‘‘(B) ALLOWANCE FOR CERTAIN HEALTH 
22
PLAN EXPENSES.— 
23
‘‘(i) IN
GENERAL.—Such term shall 
24
include amounts paid or incurred by the el-
25
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246 
HR 6800 PCS
igible employer to provide and maintain a 
1
group health plan (as defined in section 
2
5000(b)(1) of the Internal Revenue Code 
3
of 1986), but only to the extent that such 
4
amounts are excluded from the gross in-
5
come of employees by reason of section 
6
106(a) of such Code. 
7
‘‘(ii) ALLOCATION RULES.—For pur-
8
poses of this section, amounts treated as 
9
wages under clause (i) shall be treated as 
10
paid with respect to any employee (and 
11
with respect to any period) to the extent 
12
that such amounts are properly allocable to 
13
such employee (and to such period) in such 
14
manner as the Secretary may prescribe. 
15
Except as otherwise provided by the Sec-
16
retary, such allocation shall be treated as 
17
properly made if made on the basis of 
18
being pro rata among periods of cov-
19
erage.’’. 
20
(2) 
CONFORMING
AMENDMENT.—Section 
21
2301(c)(3) of the CARES Act is amended by strik-
22
ing subparagraph (C). 
23
(f) QUALIFIED WAGES PERMITTED
TO INCLUDE 
24
AMOUNTS FOR TIP REPLACEMENT.— 
25
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247 
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(1) IN GENERAL.—Section 2301(c)(3)(B) of the 
1
CARES Act is amended by inserting ‘‘(including tips 
2
which would have been deemed to be paid by the em-
3
ployer under section 3121(q))’’ after ‘‘would have 
4
been paid’’. 
5
(2) 
CONFORMING
AMENDMENT.—Section 
6
2301(h)(2) of the CARES Act is amended by insert-
7
ing ‘‘45B or’’ before ‘‘45S’’. 
8
(g) CERTAIN GOVERNMENTAL EMPLOYERS ELIGIBLE 
9
FOR CREDIT.— 
10
(1) IN
GENERAL.—Section 2301(f) of the 
11
CARES Act is amended to read as follows: 
12
‘‘(f) CERTAIN GOVERNMENTAL EMPLOYERS.— 
13
‘‘(1) IN GENERAL.—The credit under this sec-
14
tion shall not be allowed to the Federal Government 
15
or any agency or instrumentality thereof. 
16
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
17
apply to any organization described in section 
18
501(c)(1) of the Internal Revenue Code of 1986 and 
19
exempt from tax under section 501(a) of such Code. 
20
‘‘(3) SPECIAL RULES.—In the case of any State 
21
government, Indian tribal government, or any agen-
22
cy, instrumentality, or political subdivision of the 
23
foregoing— 
24
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248 
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‘‘(A) clauses (i) and (ii)(I) of subsection 
1
(c)(2)(A) shall apply to all operations of such 
2
entity, and 
3
‘‘(B) 
subclause 
(II) 
of 
subsection 
4
(c)(2)(A)(ii) shall not apply.’’. 
5
(2) COORDINATION WITH APPLICATION OF CER-
6
TAIN DEFINITIONS.— 
7
(A) IN GENERAL.—Section 2301(c)(5)(A) 
8
of the CARES Act, as amended by the pre-
9
ceding provisions of this Act, is amended by 
10
adding at the end the following: ‘‘For purposes 
11
of the preceding sentence (other than for pur-
12
poses of subsection (b)(2)), wages as defined in 
13
section 3121(a) of the Internal Revenue Code 
14
of 1986 shall be determined without regard to 
15
paragraphs (1), (5), (6), (7), (8), (10), (13), 
16
(18), (19), and (22) of section 3212(b) of such 
17
Code (except with respect to services performed 
18
in a penal institution by an inmate thereof).’’. 
19
(B) 
CONFORMING
AMENDMENTS.—Sec-
20
tions 2301(c)(6) of the CARES Act is amended 
21
by striking ‘‘Any term’’ and inserting ‘‘Except 
22
as otherwise provided in this section, any 
23
term’’. 
24
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249 
HR 6800 PCS
(h) APPLICATION OF CREDIT TO EMPLOYERS OF DO-
1
MESTIC WORKERS.— 
2
(1) IN
GENERAL.—Section 2301(c)(2) of the 
3
CARES Act, as amended by the preceding provisions 
4
of this Act, is amended by adding at the end the fol-
5
lowing new subparagraph: 
6
‘‘(E) EMPLOYERS
OF
DOMESTIC
WORK-
7
ERS.—In the case of an employer with one or 
8
more employees who perform domestic service 
9
(within the meaning of section 3121(a)(7) of 
10
such Code) in the private home of such em-
11
ployer, with respect to such employees— 
12
‘‘(i) subparagraph (A) shall be ap-
13
plied— 
14
‘‘(I) by substituting ‘employing 
15
an employee who performs domestic 
16
service in the private home of such 
17
employer’ for ‘carrying on a trade or 
18
business’ in clause (i) thereof, and 
19
‘‘(II) by substituting ‘such em-
20
ployment’ for ‘the operation of the 
21
trade or business’ in clause (ii)(I) 
22
thereof. 
23
‘‘(ii) subclause (II) of subparagraph 
24
(A)(ii) shall not apply, and 
25
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250 
HR 6800 PCS
‘‘(iii) such employer shall be treated 
1
as a large employer.’’. 
2
(2) DENIAL
OF
DOUBLE
BENEFIT.—Section 
3
2301(h)(2) of the CARES Act, as amended by pre-
4
ceding provisions of this Act, is amended— 
5
(A) by striking ‘‘shall not be taken into ac-
6
count for purposes of’’ and inserting ‘‘shall not 
7
be taken into account— 
8
‘‘(A) for purposes of’’, 
9
(B) by striking the period at the end and 
10
inserting ‘‘, and’’ , and 
11
(C) by adding at the end the following: 
12
‘‘(B) if such wages are paid for domestic 
13
service described in subsection (c)(2)(E), as em-
14
ployment-related expenses for purposes of sec-
15
tion 21 of such Code. 
16
In the case of any individual who pays wages for do-
17
mestic service described in subsection (c)(2)(E) and 
18
receives a reimbursement for such wages which is 
19
excludible from gross income under section 129 of 
20
such Code, such wages shall not be treated as quali-
21
fied wages for purposes of this section.’’. 
22
(i) EFFECTIVE DATE.—The amendments made by 
23
this section shall take effect as if included in section 2301 
24
of the CARES Act. 
25
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251 
HR 6800 PCS
SEC. 20212. PAYROLL CREDIT FOR CERTAIN FIXED EX-
1
PENSES OF EMPLOYERS SUBJECT TO CLO-
2
SURE BY REASON OF COVID–19. 
3
(a) IN GENERAL.—In the case of an eligible em-
4
ployer, there shall be allowed as a credit against applicable 
5
employment taxes for each calendar quarter an amount 
6
equal to 50 percent of the qualified fixed expenses paid 
7
or incurred by such employer during such calendar quar-
8
ter. 
9
(b) LIMITATIONS AND REFUNDABILITY.— 
10
(1) LIMITATION.—The qualified fixed expenses 
11
which may be taken into account under subsection 
12
(a) by any eligible employer for any calendar quarter 
13
shall not exceed the least of— 
14
(A) the qualified fixed expenses paid by the 
15
eligible employer in the same calendar quarter 
16
of calendar year 2019, 
17
(B) $50,000, or 
18
(C) the greater of— 
19
(i) 25 percent of the wages paid with 
20
respect to the employment of all the em-
21
ployees of the eligible employer for such 
22
calendar quarter, or 
23
(ii) 6.25 percent of the gross receipts 
24
of the eligible employer for calendar year 
25
2019. 
26
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252 
HR 6800 PCS
(2) CREDIT LIMITED TO CERTAIN EMPLOYMENT 
1
TAXES.—The credit allowed by subsection (a) with 
2
respect to any calendar quarter shall not exceed the 
3
applicable employment taxes for such calendar quar-
4
ter (reduced by any credits allowed under sub-
5
sections (e) and (f) of section 3111 of such Code, 
6
sections 7001 and 7003 of the Families First 
7
Coronavirus Response Act, section 2301 of the 
8
CARES Act, and section 20204 of this division, for 
9
such quarter) on the wages paid with respect to the 
10
employment of all the employees of the eligible em-
11
ployer for such calendar quarter. 
12
(3) REFUNDABILITY OF EXCESS CREDIT.— 
13
(A) IN GENERAL.—If the amount of the 
14
credit under subsection (a) exceeds the limita-
15
tion of paragraph (2) for any calendar quarter, 
16
such excess shall be treated as an overpayment 
17
that shall be refunded under sections 6402(a) 
18
and 6413(b) of the Internal Revenue Code of 
19
1986. 
20
(B) TREATMENT OF PAYMENTS.—For pur-
21
poses of section 1324 of title 31, United States 
22
Code, any amounts due to an employer under 
23
this paragraph shall be treated in the same 
24
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253 
HR 6800 PCS
manner as a refund due from a credit provision 
1
referred to in subsection (b)(2) of such section. 
2
(c) DEFINITIONS.—For purposes of this section— 
3
(1) APPLICABLE
EMPLOYMENT
TAXES.—The 
4
term ‘‘applicable employment taxes’’ means the fol-
5
lowing: 
6
(A) The taxes imposed under section 
7
3111(a) of the Internal Revenue Code of 1986. 
8
(B) So much of the taxes imposed under 
9
section 3221(a) of such Code as are attrib-
10
utable to the rate in effect under section 
11
3111(a) of such Code. 
12
(2) ELIGIBLE EMPLOYER.— 
13
(A) IN GENERAL.—The term ‘‘eligible em-
14
ployer’’ means any employer— 
15
(i) which was carrying on a trade or 
16
business during calendar year 2020, 
17
(ii) which had either— 
18
(I) not more than 1,500 full-time 
19
equivalent employees (as determined 
20
for purposes of determining whether 
21
an employer is an applicable large em-
22
ployer 
for 
purposes 
of 
section 
23
4980H(c)(2) of the Internal Revenue 
24
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254 
HR 6800 PCS
Code of 1986) for calendar year 2019, 
1
or 
2
(II) not more than $41,500,000 
3
of gross receipts in the last taxable 
4
year ending in 2019, and 
5
(iii) with respect to any calendar 
6
quarter, for which— 
7
(I) the operation of the trade or 
8
business described in clause (i) is fully 
9
or partially suspended during the cal-
10
endar quarter due to orders from an 
11
appropriate governmental authority 
12
limiting commerce, travel, or group 
13
meetings (for commercial, social, reli-
14
gious, or other purposes) due to the 
15
coronavirus disease 2019 (COVID– 
16
19), or 
17
(II) such calendar quarter is 
18
within the period described in sub-
19
paragraph (B). 
20
(B) SIGNIFICANT DECLINE IN GROSS RE-
21
CEIPTS.—The period described in this subpara-
22
graph is the period— 
23
(i) beginning with the first calendar 
24
quarter beginning after December 31, 
25
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255 
HR 6800 PCS
2019, for which gross receipts (within the 
1
meaning of section 448(c) of the Internal 
2
Revenue Code of 1986) for the calendar 
3
quarter are less than 90 percent of gross 
4
receipts for the same calendar quarter in 
5
the prior year, and 
6
(ii) ending with the calendar quarter 
7
following the first calendar quarter begin-
8
ning after a calendar quarter described in 
9
clause (i) for which gross receipts of such 
10
employer are greater than 90 percent of 
11
gross receipts for the same calendar quar-
12
ter in the prior year. 
13
(C) TAX-EXEMPT ORGANIZATIONS.—In the 
14
case of an organization which is described in 
15
section 501(c) of the Internal Revenue Code of 
16
1986 and exempt from tax under section 501(a) 
17
of such Code— 
18
(i) any reference in this section to a 
19
trade or business shall be treated as a ref-
20
erence to all operations of such organiza-
21
tion, and 
22
(ii) any reference in this section to 
23
gross receipts shall be treated as a ref-
24
erence to gross receipts within the meaning 
25
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256 
HR 6800 PCS
of section 6033 of the Internal Revenue 
1
Code of 1986. 
2
(D) PHASE-IN OF CREDIT WHERE BUSI-
3
NESS
NOT
SUSPENDED
AND
REDUCTION
IN 
4
GROSS RECEIPTS LESS THAN 50 PERCENT.— 
5
(i) IN GENERAL.—In the case of any 
6
calendar quarter with respect to which an 
7
eligible employer would not be an eligible 
8
employer if subparagraph (B)(i) were ap-
9
plied by substituting ‘‘50 percent’’ for ‘‘90 
10
percent’’, the amount of the credit allowed 
11
under subsection (a) shall be reduced by 
12
the amount which bears the same ratio to 
13
the amount of such credit (determined 
14
without regard to this subparagraph) as— 
15
(I) the excess gross receipts per-
16
centage point amount, bears to 
17
(II) 40 percentage points. 
18
(ii) EXCESS
GROSS
RECEIPTS
PER-
19
CENTAGE POINT AMOUNT.—For purposes 
20
of this subparagraph, the term ‘‘excess 
21
gross receipts percentage point amount’’ 
22
means, with respect to any calendar quar-
23
ter, the excess of— 
24
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257 
HR 6800 PCS
(I) the lowest of the gross re-
1
ceipts percentage point amounts de-
2
termined with respect to any calendar 
3
quarter during the period ending with 
4
such calendar quarter and beginning 
5
with the first calendar quarter during 
6
the period described in subparagraph 
7
(B), over 
8
(II) 50 percentage points. 
9
(iii) GROSS
RECEIPTS
PERCENTAGE 
10
POINT
AMOUNTS.—For purposes of this 
11
subparagraph, the term ‘‘gross receipts 
12
percentage point amount’’ means, with re-
13
spect to any calendar quarter, the percent-
14
age (expressed as a number of percentage 
15
points) obtained by dividing— 
16
(I) the gross receipts (within the 
17
meaning of subparagraph (B)) for 
18
such calendar quarter, by 
19
(II) the gross receipts for the 
20
same calendar quarter in calendar 
21
year 2019. 
22
(3) QUALIFIED FIXED EXPENSES.— 
23
(A) IN
GENERAL.—The term ‘‘qualified 
24
fixed expenses’’ means the payment or accrual, 
25
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258 
HR 6800 PCS
in the ordinary course of the eligible employer’s 
1
trade or business, of any covered mortgage obli-
2
gation, covered rent obligation, or covered util-
3
ity payment. Such term shall not include the 
4
prepayment of any obligation for a period in ex-
5
cess of a month unless the payment for such 
6
period is customarily due in advance. 
7
(B) APPLICATION OF DEFINITIONS.—The 
8
terms ‘‘covered mortgage obligation’’, ‘‘covered 
9
rent obligation’’, and ‘‘covered utility payment’’ 
10
shall each have the same meaning as when used 
11
in section 1106 of the CARES Act. 
12
(4) SECRETARY.—The term ‘‘Secretary’’ means 
13
the Secretary of the Treasury or the Secretary’s del-
14
egate. 
15
(5) WAGES.— 
16
(A) IN
GENERAL.—The term ‘‘wages’’ 
17
means wages (as defined in section 3121(a) of 
18
the Internal Revenue Code of 1986) and com-
19
pensation (as defined in section 3231(e) of such 
20
Code). For purposes of the preceding sentence 
21
(other than for purposes of subsection (b)(2)), 
22
wages as defined in section 3121(a) of such 
23
Code shall be determined without regard to 
24
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259 
HR 6800 PCS
paragraphs (1), (8), (10), (13), (18), (19), and 
1
(22) of section 3121(b) of such Code. 
2
(B) ALLOWANCE
FOR
CERTAIN
HEALTH 
3
PLAN EXPENSES.— 
4
(i) IN GENERAL.—Such term shall in-
5
clude amounts paid or incurred by the eli-
6
gible employer to provide and maintain a 
7
group health plan (as defined in section 
8
5000(b)(1) of the Internal Revenue Code 
9
of 1986), but only to the extent that such 
10
amounts are excluded from the gross in-
11
come of employees by reason of section 
12
106(a) of such Code. 
13
(ii) ALLOCATION
RULES.—For pur-
14
poses of this section, amounts treated as 
15
wages under clause (i) shall be treated as 
16
paid with respect to any employee (and 
17
with respect to any period) to the extent 
18
that such amounts are properly allocable to 
19
such employee (and to such period) in such 
20
manner as the Secretary may prescribe. 
21
Except as otherwise provided by the Sec-
22
retary, such allocation shall be treated as 
23
properly made if made on the basis of 
24
being pro rata among periods of coverage. 
25
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260 
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(6) EMPLOYER.—The term ‘‘employer’’ means 
1
any employer (as defined in section 3401(d) of such 
2
Code) of at least one employee on any day in cal-
3
endar year 2020. 
4
(7) OTHER TERMS.—Except as otherwise pro-
5
vided in this section, any term used in this section 
6
which is also used in chapter 21 or 22 of the Inter-
7
nal Revenue Code of 1986 shall have the same 
8
meaning as when used in such chapter. 
9
(d) AGGREGATION RULE.—All persons treated as a 
10
single employer under subsection (a) or (b) of section 52 
11
of the Internal Revenue Code of 1986, or subsection (m) 
12
or (o) of section 414 of such Code, shall be treated as 
13
one employer for purposes of this section. 
14
(e) DENIAL OF DOUBLE BENEFIT.—For purposes of 
15
chapter 1 of such Code, the gross income of any eligible 
16
employer, for the taxable year which includes the last day 
17
of any calendar quarter with respect to which a credit is 
18
allowed under this section, shall be increased by the 
19
amount of such credit. 
20
(f) CERTAIN GOVERNMENTAL EMPLOYERS.— 
21
(1) IN GENERAL.—The credit under this section 
22
shall not be allowed to the Federal Government, the 
23
government of any State, of the District of Colum-
24
bia, or of any possession of the United States, any 
25
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261 
HR 6800 PCS
tribal government, or any political subdivision, agen-
1
cy, or instrumentality of any of the foregoing. 
2
(2) EXCEPTION.—Paragraph (1) shall not 
3
apply to any organization described in section 
4
501(c)(1) of the Internal Revenue Code of 1986 and 
5
exempt from tax under section 501(a) of such Code. 
6
(g) ELECTION NOT TO HAVE SECTION APPLY.—This 
7
section shall not apply with respect to any eligible em-
8
ployer for any calendar quarter if such employer elects (at 
9
such time and in such manner as the Secretary may pre-
10
scribe) not to have this section apply. 
11
(h) TRANSFERS TO CERTAIN TRUST FUNDS.—There 
12
are hereby appropriated to the Federal Old-Age and Sur-
13
vivors Insurance Trust Fund and the Federal Disability 
14
Insurance Trust Fund established under section 201 of 
15
the Social Security Act (42 U.S.C. 401) and the Social 
16
Security Equivalent Benefit Account established under 
17
section 15A(a) of the Railroad Retirement Act of 1974 
18
(45 U.S.C. 231n–1(a)) amounts equal to the reduction in 
19
revenues to the Treasury by reason of this section (without 
20
regard to this subsection). Amounts appropriated by the 
21
preceding sentence shall be transferred from the general 
22
fund at such times and in such manner as to replicate 
23
to the extent possible the transfers which would have oc-
24
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262 
HR 6800 PCS
curred to such Trust Fund or Account had this section 
1
not been enacted. 
2
(i) TREATMENT OF DEPOSITS.—The Secretary shall 
3
waive any penalty under section 6656 of such Code for 
4
any failure to make a deposit of applicable employment 
5
taxes if the Secretary determines that such failure was due 
6
to the anticipation of the credit allowed under this section. 
7
(j) THIRD PARTY PAYORS.—Any credit allowed 
8
under this section shall be treated as a credit described 
9
in section 3511(d)(2) of such Code. 
10
(k) REGULATIONS AND GUIDANCE.—The Secretary 
11
shall issue such forms, instructions, regulations, and guid-
12
ance as are necessary— 
13
(1) to allow the advance payment of the credit 
14
under subsection (a), subject to the limitations pro-
15
vided in this section, based on such information as 
16
the Secretary shall require, 
17
(2) regulations or other guidance to provide for 
18
the reconciliation of such advance payment with the 
19
amount of the credit at the time of filing the return 
20
of tax for the applicable quarter or taxable year, 
21
(3) with respect to the application of the credit 
22
under subsection (a) to third party payors (including 
23
professional employer organizations, certified profes-
24
sional employer organizations, or agents under sec-
25
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263 
HR 6800 PCS
tion 3504 of the Internal Revenue Code of 1986), 
1
including regulations or guidance allowing such 
2
payors to submit documentation necessary to sub-
3
stantiate the eligible employer status of employers 
4
that use such payors, 
5
(4) for application of subsection (b)(1)(A) and 
6
subparagraphs (A)(ii)(II) and (B) of subsection 
7
(c)(2) in the case of any employer which was not 
8
carrying on a trade or business for all or part of the 
9
same calendar quarter in the prior year, and 
10
(5) for recapturing the benefit of credits deter-
11
mined under this section in cases where there is a 
12
subsequent adjustment to the credit determined 
13
under subsection (a). 
14
(l) APPLICATION OF SECTION.—This section shall 
15
apply only to qualified fixed expenses paid or accrued after 
16
March 12, 2020, and before January 1, 2021. 
17
SEC. 20213. BUSINESS INTERRUPTION CREDIT FOR CER-
18
TAIN SELF-EMPLOYED INDIVIDUALS. 
19
(a) CREDIT AGAINST TAX.—In the case of an eligible 
20
self-employed individual, there shall be allowed as a credit 
21
against the tax imposed by chapter 1 of subtitle A of the 
22
Internal Revenue Code of 1986 for the taxpayer’s first 
23
taxable year beginning in 2020 an amount equal to 90 
24
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percent of the eligible self-employed individual’s qualified 
1
self-employment income. 
2
(b) LIMITATIONS.— 
3
(1) OVERALL
LIMITATION.—The amount of 
4
qualified self-employment income taken into account 
5
under subsection (a) with respect to any eligible self- 
6
employed individual shall not exceed $45,000. 
7
(2) LIMITATION
BASED
ON
MODIFIED
AD-
8
JUSTED GROSS INCOME.— 
9
(A) IN
GENERAL.—The amount of the 
10
credit allowed by subsection (a) (after applica-
11
tion of paragraph (1)) shall be reduced (but not 
12
below zero) by 50 percent of so much of the 
13
taxpayer’s modified adjusted gross income for 
14
the taxpayer’s first taxable year beginning in 
15
2020 as exceeds $60,000 ($120,000 in the case 
16
of a joint return). 
17
(B) MODIFIED
ADJUSTED
GROSS
IN-
18
COME.—For purposes of this section the term 
19
‘‘modified adjusted gross income’’ means ad-
20
justed gross income determined without regard 
21
to sections 911, 931, and 933 of such Code. 
22
(c) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—For 
23
purposes of this section, the term ‘‘eligible self-employed 
24
individual’’ means an individual— 
25
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(1) who— 
1
(A) regularly carries on one or more trades 
2
or businesses within the meaning of section 
3
1402 of such Code, or 
4
(B) is allocated income or loss described in 
5
section 702(a)(8) of such Code from any trade 
6
or business carried on by a partnership which 
7
is not excluded under section 1402 of such 
8
Code, and 
9
(2) for whom gross self-employment income 
10
during the first taxable year beginning in 2020 is 
11
less than 90 percent of such individual’s gross self- 
12
employment income during the first taxable year be-
13
ginning in 2019. 
14
(d) QUALIFIED SELF-EMPLOYMENT INCOME.—For 
15
purposes of this section— 
16
(1) IN GENERAL.—The term ‘‘qualified self-em-
17
ployment income’’ means the product of— 
18
(A) the specified gross self-employment in-
19
come reduction for the first taxable year begin-
20
ning in 2020, multiplied by 
21
(B) the ratio of— 
22
(i) self-employment income (as deter-
23
mined under section 1402(b) of such Code, 
24
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266 
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but not below zero) for the first taxable 
1
year beginning in 2019, divided by 
2
(ii) gross self-employment income for 
3
the first taxable year beginning in 2019. 
4
(2) LIMITATION
BASED
ON
MODIFIED
AD-
5
JUSTED GROSS INCOME.—In the case of any tax-
6
payer, qualified self-employment income shall not ex-
7
ceed the excess (if any) of— 
8
(A) modified adjusted gross income for the 
9
first taxable year beginning in 2019, over 
10
(B) modified adjusted gross income for the 
11
first taxable year beginning in 2020. 
12
(3) SPECIFIED GROSS SELF-EMPLOYMENT IN-
13
COME REDUCTION.—For purposes of paragraph (1), 
14
the term ‘‘specified gross self-employment income re-
15
duction’’ means, with respect to a taxable year, the 
16
excess (if any) of— 
17
(A) 90 percent of gross self-employment 
18
income for the taxable year preceding such tax-
19
able year, over 
20
(B) gross self-employment income for such 
21
taxable year. 
22
(e) GROSS SELF-EMPLOYMENT INCOME.—For pur-
23
poses of this section, the term ‘‘gross self-employment in-
24
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come’’ means, with respect to any taxable year, the sum 
1
of— 
2
(1) the eligible self-employed individuals’ gross 
3
income derived from all trades or business carried on 
4
by such individual for purposes of determining net 
5
earnings from self-employment under section 1402 
6
of such Code for such taxable year, and 
7
(2) the eligible individual’s distributive share of 
8
gross income (as determined under section 702(c) of 
9
such Code) from any trade or business carried on by 
10
a partnership for purposes of determining net earn-
11
ings from self-employment under section 1402 of 
12
such Code (and which is not excluded under such 
13
section) for such taxable year. 
14
(f) SPECIAL RULES.— 
15
(1) CREDIT REFUNDABLE.— 
16
(A) IN GENERAL.—The credit determined 
17
under this section shall be treated as a credit 
18
allowed to the taxpayer under subpart C of part 
19
IV of subchapter A of chapter 1 of such Code. 
20
(B) TREATMENT OF PAYMENTS.—For pur-
21
poses of section 1324 of title 31, United States 
22
Code, any refund due from the credit allowed 
23
under this section shall be treated in the same 
24
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268 
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manner as a refund due from a credit provision 
1
referred to in subsection (b)(2) of such section. 
2
(2) DOCUMENTATION.—No credit shall be al-
3
lowed under this section unless the taxpayer main-
4
tains such documentation as the Secretary of the 
5
Treasury (or the Secretary’s delegate) may prescribe 
6
to establish such individual as an eligible self-em-
7
ployed individual. 
8
(3) DENIAL OF DOUBLE BENEFIT.—Qualified 
9
self-employment income shall be reduced by— 
10
(A) the qualified sick leave equivalent 
11
amount for which a credit is allowed under sec-
12
tion 7002(a) of the Families First Coronavirus 
13
Response Act and the qualified family leave 
14
equivalent amount for which a credit is allowed 
15
under section 7004(a) of such Act, 
16
(B) the qualified wages for which a credit 
17
is allowed under section 2301 of the CARES 
18
Act, 
19
(C) the amount of the credit allowed under 
20
section 6432 of the Internal Revenue Code of 
21
1986 (as added by this Act), and 
22
(D) except to the extent taken into account 
23
in determining gross self-employment income, 
24
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269 
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amounts from a covered loan under section 
1
7(a)(36) of the Small Business Act that are— 
2
(i) 
forgiven 
pursuant 
to 
section 
3
1106(b) of the CARES Act, and 
4
(ii) paid or distributed to the eligible 
5
self-employed individual as payroll costs 
6
described in section 7(a)(36)(A)(viii)(I) of 
7
the Small Business Act. 
8
(4) JOINT RETURNS.— 
9
(A) IN GENERAL.—In the case of a joint 
10
return, the taxpayer shall be treated for pur-
11
poses of this section as an eligible self-employed 
12
individual if either spouse is an eligible self-em-
13
ployed individual. 
14
(B) APPLICATION OF MODIFIED ADJUSTED 
15
GROSS
INCOME
LIMITATION
ON
QUALIFIED 
16
SELF-EMPLOYMENT
INCOME.—If the taxpayer 
17
filed a joint return for only one of the taxable 
18
years described in subsection (d)(2), such limi-
19
tation shall apply in such manner as the Sec-
20
retary of the Treasury (or the Secretary’s dele-
21
gate) may provide. 
22
(5) ELECTION NOT TO HAVE SECTION APPLY.— 
23
This section shall not apply with respect to any tax-
24
payer for any taxable year if such taxpayer elects (at 
25
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270 
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such time and in such manner as the Secretary of 
1
the Treasury, or the Secretary’s delegate, may pre-
2
scribe) not to have this section apply. 
3
(g) APPLICATION OF CREDIT IN CERTAIN POSSES-
4
SIONS.— 
5
(1) PAYMENTS TO POSSESSIONS WITH MIRROR 
6
CODE TAX SYSTEMS.—The Secretary of the Treas-
7
ury (or the Secretary’s delegate) shall pay to each 
8
possession of the United States which has a mirror 
9
code tax system amounts equal to the loss (if any) 
10
to that possession by reason of the application of the 
11
provisions of this section. Such amounts shall be de-
12
termined by the Secretary of the Treasury (or the 
13
Secretary’s delegate) based on information provided 
14
by the government of the respective possession. 
15
(2) PAYMENTS TO OTHER POSSESSIONS.—The 
16
Secretary of the Treasury (or the Secretary’s dele-
17
gate) shall pay to each possession of the United 
18
States which does not have a mirror code tax system 
19
amounts estimated by the Secretary of the Treasury 
20
(or the Secretary’s delegate) as being equal to the 
21
aggregate benefits (if any) that would have been 
22
provided to residents of such possession by reason of 
23
the provisions of this section if a mirror code tax 
24
system had been in effect in such possession. The 
25
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271 
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preceding sentence shall not apply unless the respec-
1
tive possession has a plan, which has been approved 
2
by the Secretary of the Treasury (or the Secretary’s 
3
delegate), under which such possession will promptly 
4
distribute such payments to its residents. 
5
(3) MIRROR CODE TAX SYSTEM.—For purposes 
6
of this section, the term ‘‘mirror code tax system’’ 
7
means, with respect to any possession of the United 
8
States, the income tax system of such possession if 
9
the income tax liability of the residents of such pos-
10
session under such system is determined by ref-
11
erence to the income tax laws of the United States 
12
as if such possession were the United States. 
13
(4) TREATMENT OF PAYMENTS.—For purposes 
14
of section 1324 of title 31, United States Code, the 
15
payments under this section shall be treated in the 
16
same manner as a refund due from a credit provi-
17
sion referred to in subsection (b)(2) of such section. 
18
(h) CERTAIN TERMS.—Any term used in this section 
19
which is also used in chapter 2 of the Internal Revenue 
20
Code of 1986 shall have the same meaning as when used 
21
in such chapter. 
22
(i) REGULATIONS AND GUIDANCE.—The Secretary of 
23
the Treasury (or the Secretary’s delegate) shall issue such 
24
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forms, instructions, regulations, and guidance as are nec-
1
essary or appropriate— 
2
(1) to allow the advance payment of the credit 
3
under subsection (a) (including allowing use of the 
4
anticipated credit to offset estimated taxes) based on 
5
the taxpayer’s good faith estimates of gross self-em-
6
ployment income and qualified self-employment in-
7
come for the first taxable year beginning in 2020 
8
and such other information as the Secretary of the 
9
Treasury (or the Secretary’s delegate) shall require, 
10
subject to the limitations provided in this section, 
11
(2) to provide for the reconciliation of such ad-
12
vance payment with the amount of the credit at the 
13
time of filing the return of tax for the taxpayer’s 
14
first taxable year beginning in 2020, 
15
(3) to provide for the application of this section 
16
to partners in partnerships, and 
17
(4) to implement the purposes of this section. 
18
Subtitle C—Credits for Paid Sick 
19
and Family Leave 
20
SEC. 20221. EXTENSION OF CREDITS. 
21
(a) IN
GENERAL.—Sections 7001(g), 7002(e), 
22
7003(g), and 7004(e) of the Families First Coronavirus 
23
Response Act are each amended by striking ‘‘2020’’ and 
24
inserting ‘‘2021’’. 
25
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(b) EFFECTIVE DATE.—The amendments made by 
1
this section shall take effect as if included in the provisions 
2
of the Families First Coronavirus Response Act to which 
3
they relate. 
4
SEC. 20222. REPEAL OF REDUCED RATE OF CREDIT FOR 
5
CERTAIN LEAVE. 
6
(a) PAYROLL CREDIT.—Section 7001(b) of the Fami-
7
lies First Coronavirus Response Act is amended by insert-
8
ing ‘‘or any day on or after the date of the enactment 
9
of the Worker Health Coverage Protection Act’’ after ‘‘in 
10
the case of any day any portion of which is paid sick time 
11
described in paragraph (1), (2), or (3) of section 5102(a) 
12
of the Emergency Paid Sick Leave Act’’. 
13
(b) SELF-EMPLOYED CREDIT.— 
14
(1) IN GENERAL.—Clauses (i) and (ii) of sec-
15
tion 
7002(c)(1)(B) 
of 
the 
Families 
First 
16
Coronavirus Response Act are each amended by in-
17
serting inserting ‘‘or any day on or after the date of 
18
the enactment of the Worker Health Coverage Pro-
19
tection Act’’ after ‘‘in the case of any day any por-
20
tion of which is paid sick time described in para-
21
graph (1), (2), or (3) of section 5102(a) of the 
22
Emergency Paid Sick Leave Act’’. 
23
(2) 
CONFORMING
AMENDMENT.—Section 
24
7002(d)(3) of the Families First Coronavirus Re-
25
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274 
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sponse Act is amended by inserting inserting ‘‘or 
1
any day on or after the date of the enactment of the 
2
Worker Health Coverage Protection Act’’ after ‘‘in 
3
the case of any day any portion of which is paid sick 
4
time described in paragraph (1), (2), or (3) of sec-
5
tion 5102(a) of the Emergency Paid Sick Leave 
6
Act’’. 
7
(c) EFFECTIVE DATE.—The amendments made by 
8
this section shall apply to days on or after the date of 
9
the enactment of this Act. 
10
SEC. 20223. INCREASE IN LIMITATIONS ON CREDITS FOR 
11
PAID FAMILY LEAVE. 
12
(a) INCREASE IN OVERALL LIMITATION ON QUALI-
13
FIED FAMILY LEAVE WAGES.— 
14
(1) IN
GENERAL.—Section 7003(b)(1)(B) of 
15
the Families First Coronavirus Response Act is 
16
amended by striking ‘‘$10,000’’ and inserting 
17
‘‘$12,000’’. 
18
(2) 
CONFORMING
AMENDMENT.—Section 
19
7004(d)(3) of the Families First Coronavirus Re-
20
sponse Act is amended by striking ‘‘$10,000’’ and 
21
inserting ‘‘$12,000’’. 
22
(b) INCREASE IN QUALIFIED FAMILY LEAVE EQUIV-
23
ALENT AMOUNT FOR SELF-EMPLOYED INDIVIDUALS.— 
24
Section 7004(c)(1)(A) of the Families First Coronavirus 
25
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Response Act is amended by striking ‘‘50’’ and inserting 
1
‘‘60’’. 
2
(c) EFFECTIVE DATE.—The amendments made by 
3
this section shall take effect as if included in the provisions 
4
of the Families First Coronavirus Response Act to which 
5
they relate. 
6
SEC. 20224. ELECTION TO USE PRIOR YEAR NET EARNINGS 
7
FROM SELF-EMPLOYMENT IN DETERMINING 
8
AVERAGE 
DAILY 
SELF-EMPLOYMENT 
IN-
9
COME. 
10
(a) CREDIT FOR SICK LEAVE.—Section 7002(c) of 
11
the Families First Coronavirus Response Act is amended 
12
by adding at the end the following new paragraph: 
13
‘‘(4) ELECTION TO USE PRIOR YEAR NET EARN-
14
INGS
FROM
SELF-EMPLOYMENT
INCOME.—In the 
15
case of an individual who elects (at such time and 
16
in such manner as the Secretary, or the Secretary’s 
17
delegate, may provide) the application of this para-
18
graph, paragraph (2)(A) shall be applied by sub-
19
stituting ‘the prior taxable year’ for ‘the taxable 
20
year’.’’. 
21
(b) CREDIT FOR FAMILY LEAVE.—Section 7004(c) 
22
of the Families First Coronavirus Response Act is amend-
23
ed by adding at the end the following new paragraph: 
24
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‘‘(4) ELECTION TO USE PRIOR YEAR NET EARN-
1
INGS
FROM
SELF-EMPLOYMENT
INCOME.—In the 
2
case of an individual who elects (at such time and 
3
in such manner as the Secretary, or the Secretary’s 
4
delegate, may provide) the application of this para-
5
graph, paragraph (2)(A) shall be applied by sub-
6
stituting ‘the prior taxable year’ for ‘the taxable 
7
year’.’’. 
8
(c) EFFECTIVE DATE.—The amendments made by 
9
this section shall take effect as if included in the provisions 
10
of the Families First Coronavirus Response Act to which 
11
they relate. 
12
SEC. 20225. FEDERAL, STATE, AND LOCAL GOVERNMENTS 
13
ALLOWED TAX CREDITS FOR PAID SICK AND 
14
PAID FAMILY AND MEDICAL LEAVE. 
15
(a) IN GENERAL.—Sections 7001(e) and 7003(e) of 
16
the Families First Coronavirus Response Act are each 
17
amended by striking paragraph (4). 
18
(b) COORDINATION WITH APPLICATION OF CERTAIN 
19
DEFINITIONS.— 
20
(1) 
IN
GENERAL.—Sections 
7001(c) 
and 
21
7003(c) of the Families First Coronavirus Response 
22
Act are each amended— 
23
(A) by inserting ‘‘, determined without re-
24
gard to paragraphs (1) through (22) of section 
25
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277 
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3121(b) of such Code’’ after ‘‘as defined in sec-
1
tion 3121(a) of the Internal Revenue Code of 
2
1986’’, and 
3
(B) by inserting ‘‘, determined without re-
4
gard to the sentence in paragraph (1) thereof 
5
which begins ‘Such term does include remu-
6
neration’ ’’ after ‘‘as defined in section 3231(e) 
7
of the Internal Revenue Code’’. 
8
(2) 
CONFORMING
AMENDMENTS.—Sections 
9
7001(e)(3) and 7003(e)(3) of the Families First 
10
Coronavirus Response Act are each amended by 
11
striking ‘‘Any term’’ and inserting ‘‘Except as other-
12
wise provided in this section, any term’’. 
13
(c) EFFECTIVE DATE.—The amendments made by 
14
this section shall take effect as if included in the provisions 
15
of the Families First Coronavirus Response Act to which 
16
they relate. 
17
SEC. 20226. CERTAIN TECHNICAL IMPROVEMENTS. 
18
(a) COORDINATION WITH EXCLUSION FROM EM-
19
PLOYMENT TAXES.—Sections 7001(c) and 7003(c) of the 
20
Families First Coronavirus Response Act, as amended by 
21
the preceding provisions of this Act, are each amended— 
22
(1) by inserting ‘‘and section 7005(a) of this 
23
Act,’’ after ‘‘determined without regard to para-
24
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278 
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graphs (1) through (22) of section 3121(b) of such 
1
Code’’, and 
2
(2) by inserting ‘‘and without regard to section 
3
7005(a) of this Act’’ after ‘‘which begins ‘Such term 
4
does not include remuneration’ ’’. 
5
(b) CLARIFICATION OF APPLICABLE RAILROAD RE-
6
TIREMENT TAX
FOR PAID LEAVE CREDITS.—Sections 
7
7001(e) and 7003(e) of the Families First Coronavirus 
8
Response Act, as amended by the preceding provisions of 
9
this Act, are each amended by adding at the end the fol-
10
lowing new paragraph: 
11
‘‘(4) REFERENCES TO RAILROAD RETIREMENT 
12
TAX.—Any reference in this section to the tax im-
13
posed by section 3221(a) of the Internal Revenue 
14
Code of 1986 shall be treated as a reference to so 
15
much of such tax as is attributable to the rate in ef-
16
fect under section 3111(a) of such Code.’’. 
17
(c) CLARIFICATION OF TREATMENT OF PAID LEAVE 
18
FOR APPLICABLE RAILROAD RETIREMENT TAX.—Section 
19
7005(a) of the Families First Coronavirus Response Act 
20
is amended by adding the following sentence at the end 
21
of such subsection: ‘‘Any reference in this subsection to 
22
the tax imposed by section 3221(a) of such Code shall be 
23
treated as a reference to so much of the tax as is attrib-
24
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279 
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utable to the rate in effect under section 3111(a) of such 
1
Code.’’ 
2
(d) CLARIFICATION OF APPLICABLE RAILROAD RE-
3
TIREMENT TAX FOR HOSPITAL INSURANCE TAX CRED-
4
IT.—Section 7005(b)(1) of the Families First Coronavirus 
5
Response Act is amended to read as follows: 
6
‘‘(1) IN GENERAL.—The credit allowed by sec-
7
tion 7001 and the credit allowed by section 7003 
8
shall each be increased by the amount of the tax im-
9
posed by section 3111(b) of the Internal Revenue 
10
Code of 1986 and so much of the taxes imposed 
11
under section 3221(a) of such Code as are attrib-
12
utable to the rate in effect under section 3111(b) of 
13
such Code on qualified sick leave wages, or qualified 
14
family leave wages, for which credit is allowed under 
15
such section 7001 or 7003 (respectively).’’. 
16
(e) EFFECTIVE DATE.—The amendments made by 
17
this section shall take effect as if included in the provisions 
18
of the Families First Coronavirus Response Act to which 
19
they relate. 
20
SEC. 20227. CREDITS NOT ALLOWED TO CERTAIN LARGE 
21
EMPLOYERS. 
22
(a) CREDIT FOR REQUIRED PAID SICK LEAVE.— 
23
(1) IN GENERAL.—Section 7001(a) of the Fam-
24
ilies First Coronavirus Response Act is amended by 
25
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280 
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striking ‘‘In the case of an employer’’ and inserting 
1
‘‘In the case of an eligible employer’’. 
2
(2) ELIGIBLE EMPLOYER.—Section 7001(c) of 
3
the Families First Coronavirus Response Act, as 
4
amended by the preceding provisions of this Act, is 
5
amended by striking ‘‘For purposes of this section, 
6
the term’’ and all that precedes it and inserting the 
7
following: 
8
‘‘(c) DEFINITIONS.—For purposes of this section— 
9
‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible 
10
employer’ means any employer other than an appli-
11
cable 
large 
employer 
(as 
defined 
in 
section 
12
4980H(c)(2), determined by substituting ‘500’ for 
13
‘50’ each place it appears in subparagraphs (A) and 
14
(B) thereof and without regard to subparagraphs 
15
(D) and (F) thereof). For purposes of the preceding 
16
sentence, the Government of the United States, the 
17
government of any State or political subdivision 
18
thereof, or any agency or instrumentality of any of 
19
the foregoing shall not be treated as an applicable 
20
large employer. 
21
‘‘(2) QUALIFIED
SICK
LEAVE
WAGES.—The 
22
term’’. 
23
(b) CREDIT FOR REQUIRED PAID FAMILY LEAVE.— 
24
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(1) IN GENERAL.—Section 7003(a) of the Fam-
1
ilies First Coronavirus Response Act is amended by 
2
striking ‘‘In the case of an employer’’ and inserting 
3
‘‘In the case of an eligible employer’’. 
4
(2) ELIGIBLE EMPLOYER.—Section 7003(c) of 
5
the Families First Coronavirus Response Act, as 
6
amended by the preceding provisions of this Act, is 
7
amended by striking ‘‘For purposes of this section, 
8
the term’’ and all that precedes it and inserting the 
9
following: 
10
‘‘(c) DEFINITIONS.—For purposes of this section— 
11
‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible 
12
employer’ means any employer other than an appli-
13
cable 
large 
employer 
(as 
defined 
in 
section 
14
4980H(c)(2), determined by substituting ‘500’ for 
15
‘50’ each place it appears in subparagraphs (A) and 
16
(B) thereof and without regard to subparagraphs 
17
(D) and (F) thereof). For purposes of the preceding 
18
sentence, the Government of the United States, the 
19
government of any State or political subdivision 
20
thereof, or any agency or instrumentality of any of 
21
the foregoing, shall not be treated as an applicable 
22
large employer. 
23
‘‘(2) QUALIFIED FAMILY LEAVE WAGES.—The 
24
term’’. 
25
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(c) EFFECTIVE DATE.—The amendments made by 
1
this section shall apply to wages paid after the date of 
2
the enactment of this Act. 
3
Subtitle D—Other Relief 
4
SEC. 20231. PAYROLL TAX DEFERRAL ALLOWED FOR RE-
5
CIPIENTS OF CERTAIN LOAN FORGIVENESS. 
6
(a) IN GENERAL.—Section 2302(a) of the CARES 
7
Act is amended by striking paragraph (3). 
8
(b) EFFECTIVE DATE.—The amendment made by 
9
this section shall take effect as if included in section 2302 
10
of the CARES Act. 
11
SEC. 20232. EMERGENCY FINANCIAL AID GRANTS. 
12
(a) IN GENERAL.—In the case of a student receiving 
13
a qualified emergency financial aid grant— 
14
(1) such grant shall not be included in the 
15
gross income of such individual for purposes of the 
16
Internal Revenue Code of 1986, and 
17
(2) such grant shall not be treated as described 
18
in subparagraph (A), (B), or (C) of section 
19
25A(g)(2) of such Code. 
20
(b) DEFINITIONS.—For purposes of this subsection, 
21
the term ‘‘qualified emergency financial aid grant’’ 
22
means— 
23
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(1) any emergency financial aid grant awarded 
1
by an institution of higher education under section 
2
3504 of the CARES Act, 
3
(2) any emergency financial aid grant from an 
4
institution of higher education made with funds 
5
made available under section 18004 of the CARES 
6
Act, and 
7
(3) any other emergency financial aid grant 
8
made to a student from a Federal agency, a State, 
9
an Indian tribe, an institution of higher education, 
10
or a scholarship-granting organization (including a 
11
tribal organization, as defined in section 4 of the In-
12
dian Self-Determination and Education Assistance 
13
Act (25 U.S.C.5304)) for the purpose of providing 
14
financial relief to students enrolled at institutions of 
15
higher education in response to a qualifying emer-
16
gency (as defined in section 3502(a)(4) of the 
17
CARES Act). 
18
(c) LIMITATION.—This section shall not apply to that 
19
portion of any amount received which represents payment 
20
for teaching, research, or other services required as a con-
21
dition for receiving the qualified emergency financial aid 
22
grant. 
23
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(d) EFFECTIVE DATE.—This section shall apply to 
1
qualified emergency financial aid grants made after March 
2
26, 2020. 
3
SEC. 20233. CERTAIN LOAN FORGIVENESS AND OTHER 
4
BUSINESS FINANCIAL ASSISTANCE UNDER 
5
CARES ACT NOT INCLUDIBLE IN GROSS IN-
6
COME. 
7
(a) UNITED STATES TREASURY PROGRAM MANAGE-
8
MENT AUTHORITY.—For purposes of the Internal Rev-
9
enue Code of 1986, no amount shall be included in gross 
10
income by reason of loan forgiveness described in section 
11
1109(d)(2)(D) of the CARES Act. 
12
(b) EMERGENCY EIDL GRANTS.—For purposes of 
13
the Internal Revenue Code of 1986, any advance described 
14
in section 1110(e) of the CARES Act shall not be included 
15
in the gross income of the person that receives such ad-
16
vance. 
17
(c) SUBSIDY FOR CERTAIN LOAN PAYMENTS.—For 
18
purposes of the Internal Revenue Code of 1986, any pay-
19
ment described in section 1112(c) of the CARES Act shall 
20
not be included in the gross income of the person on whose 
21
behalf such payment is made. 
22
(d) EFFECTIVE DATE.—Subsections (a), (b), and (c) 
23
shall apply to taxable years ending after the date of the 
24
enactment of the CARES Act. 
25
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SEC. 20234. AUTHORITY TO WAIVE CERTAIN INFORMATION 
1
REPORTING REQUIREMENTS. 
2
The Secretary of the Treasury (or the Secretary’s 
3
delegate) may provide an exception from any requirement 
4
to file an information return otherwise required by chapter 
5
61 of the Internal Revenue Code of 1986 with respect to 
6
any amount excluded from gross income by reason of sec-
7
tion 1106(i) of the CARES Act or section 20232 or 20233 
8
of this Act. 
9
SEC. 20235. CLARIFICATION OF TREATMENT OF EXPENSES 
10
PAID OR INCURRED WITH PROCEEDS FROM 
11
CERTAIN GRANTS AND LOANS. 
12
(a) IN GENERAL.—For purposes of the Internal Rev-
13
enue Code of 1986 and notwithstanding any other provi-
14
sion of law, any deduction and the basis of any property 
15
shall be determined without regard to whether any amount 
16
is excluded from gross income under section 20233 of this 
17
Act or section 1106(i) of the CARES Act. 
18
(b) CLARIFICATION OF EXCLUSION OF LOAN FOR-
19
GIVENESS.—Section 1106(i) of the CARES Act is amend-
20
ed to read as follows: 
21
‘‘(i) TAXABILITY.—For purposes of the Internal Rev-
22
enue Code of 1986, no amount shall be included in the 
23
gross income of the eligible recipient by reason of forgive-
24
ness of indebtedness described in subsection (b).’’. 
25
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(c) EFFECTIVE
DATE.—Subsection (a) and the 
1
amendment made by subsection (b) shall apply to taxable 
2
years ending after the date of the enactment of the 
3
CARES Act. 
4
SEC. 20236. REINSTATEMENT OF CERTAIN PROTECTIONS 
5
FOR TAXPAYER RETURN INFORMATION. 
6
(a) IN GENERAL.—Section 6103(a)(3) of the Internal 
7
Revenue Code of 1986, as amended by section 3516 of 
8
the CARES Act, is amended by striking ‘‘(13)(A), 
9
(13)(B), (13)(C), (13)(D)(i), (16)’’ and inserting ‘‘(13), 
10
(16)’’. 
11
(b) 
RECORDS
REQUIREMENTS.—Section 
12
6103(p)(3)(A) of such Code, as so amended, is amended 
13
by striking ‘‘(12), (13)(A), (13)(B), (13)(C), (13)(D)(i)’’ 
14
and inserting ‘‘(12),’’. 
15
(c) 
APPLICATION
OF
SAFEGUARDS.—Section 
16
6103(p)(4) of such Code, as so amended, is amended by 
17
striking ‘‘(13)(A), (13)(B), (13)(C), (13)(D)(i)’’ each 
18
place it appears and inserting ‘‘(13)’’. 
19
(d) EFFECTIVE DATE.—The amendments made by 
20
this section shall apply to disclosures made after the date 
21
of the enactment of the FUTURE Act (Public Law 116– 
22
91). 
23
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287 
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TITLE III—NET OPERATING 
1
LOSSES 
2
SEC. 20301. LIMITATION ON EXCESS BUSINESS LOSSES OF 
3
NON-CORPORATE 
TAXPAYERS 
RESTORED 
4
AND MADE PERMANENT. 
5
(a) IN GENERAL.—Section 461(l)(1) of the Internal 
6
Revenue Code of 1986 is amended to read as follows: 
7
‘‘(1) LIMITATION.—In the case of a taxpayer 
8
other than a corporation, any excess business loss of 
9
the taxpayer shall not be allowed.’’. 
10
(b) FARMING LOSSES.—Section 461 of such Code is 
11
amended by striking subsection (j). 
12
(c) EFFECTIVE DATE.—The amendments made by 
13
this section shall apply to taxable years beginning after 
14
December 31, 2017. 
15
SEC. 20302. CERTAIN TAXPAYERS ALLOWED CARRYBACK OF 
16
NET OPERATING LOSSES ARISING IN 2019 
17
AND 2020. 
18
(a) CARRYBACK OF LOSSES ARISING IN 2019 AND 
19
2020.— 
20
(1) IN GENERAL.—Section 172(b)(1)(D)(i) of 
21
the Internal Revenue Code of 1986 is amended to 
22
read as follows: 
23
‘‘(i) IN GENERAL.—In the case of any 
24
net operating loss arising in a taxable year 
25
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288 
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beginning after December 31, 2018, and 
1
before January 1, 2021, and to which sub-
2
paragraphs (B) and (C)(i) do not apply, 
3
such loss shall be a net operating loss 
4
carryback to each taxable year preceding 
5
the taxable year of such loss, but not to 
6
any taxable year beginning before January 
7
1, 2018.’’. 
8
(2) CONFORMING AMENDMENTS.— 
9
(A) The heading for section 172(b)(1)(D) 
10
of such Code is amended by striking ‘‘2018, 
11
2019, AND’’ and inserting ‘‘2019 AND’’. 
12
(B) Section 172(b)(1)(D) of such Code is 
13
amended by striking clause (iii) and by redesig-
14
nating clauses (iv) and (v) as clauses (iii) and 
15
(iv), respectively. 
16
(C) Section 172(b)(1)(D)(iii) of such Code, 
17
as so redesignated, is amended by striking 
18
‘‘(i)(I)’’ and inserting ‘‘(i)’’. 
19
(D) Section 172(b)(1)(D)(iv) of such Code, 
20
as so redesignated, is amended— 
21
(i) 
by 
striking 
‘‘If 
the 
5-year 
22
carryback period under clause (i)(I)’’ in 
23
subclause 
(I) 
and 
inserting 
‘‘If 
the 
24
carryback period under clause (i)’’, and 
25
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289 
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(ii) by striking ‘‘2018 or’’ in subclause 
1
(II). 
2
(b) DISALLOWED FOR CERTAIN TAXPAYERS.—Sec-
3
tion 172(b)(1)(D) of such Code, as amended by the pre-
4
ceding provisions of this Act, is amended by adding at the 
5
end the following new clauses: 
6
‘‘(v) CARRYBACK
DISALLOWED
FOR 
7
CERTAIN TAXPAYERS.—Clause (i) shall not 
8
apply with respect to any loss arising in a 
9
taxable year in which— 
10
‘‘(I) the taxpayer (or any related 
11
person) is not allowed a deduction 
12
under this chapter for the taxable 
13
year by reason of section 162(m) or 
14
section 280G, or 
15
‘‘(II) the taxpayer (or any related 
16
person) is a specified corporation for 
17
the taxable year. 
18
‘‘(vi) SPECIFIED CORPORATION.—For 
19
purposes of clause (v)— 
20
‘‘(I) IN
GENERAL.—The term 
21
‘specified corporation’ means, with re-
22
spect to any taxable year, a corpora-
23
tion the aggregate distributions (in-
24
cluding redemptions) of which during 
25
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290 
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all taxable years ending after Decem-
1
ber 31, 2017, exceed the sum of appli-
2
cable stock issued of such corporation 
3
and 5 percent of the fair market value 
4
of the stock of such corporation as of 
5
the last day of the taxable year. 
6
‘‘(II) 
APPLICABLE
STOCK 
7
ISSUED.—The term ‘applicable stock 
8
issued’ means, with respect to any 
9
corporation, the aggregate fair market 
10
value of stock (as of the issue date of 
11
such stock) issued by the corporation 
12
during all taxable years ending after 
13
December 31, 2017, in exchange for 
14
money or property other than stock in 
15
such corporation. 
16
‘‘(III) 
CERTAIN
PREFERRED 
17
STOCK DISREGARDED.—For purposes 
18
of subclause (I), stock described in 
19
section 1504(a)(4), and distributions 
20
(including redemptions) with respect 
21
to such stock, shall be disregarded. 
22
‘‘(vii) RELATED
PERSON.—For pur-
23
poses of clause (v), a person is a related 
24
person to a taxpayer if the related person 
25
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291 
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bears a relationship to the taxpayer speci-
1
fied 
in 
section 
267(b) 
or 
section 
2
707(b)(1).’’. 
3
(c) EFFECTIVE DATE.—The amendments made by 
4
this section shall take effect as if included in the enact-
5
ment of section 2303(b) of the Coronavirus Aid, Relief, 
6
and Economic Security Act. 
7
DIVISION C—HEALTH 
8
PROVISIONS 
9
TITLE I—MEDICAID PROVISIONS 
10
SEC. 30101. COVID–19-RELATED TEMPORARY INCREASE OF 
11
MEDICAID FMAP. 
12
(a) IN GENERAL.—Section 6008 of the Families 
13
First Coronavirus Response Act (42 U.S.C. 1396d note) 
14
is amended— 
15
(1) in subsection (a)— 
16
(A) by inserting ‘‘(or, if later, June 30, 
17
2021)’’ after ‘‘last day of such emergency pe-
18
riod occurs’’; and 
19
(B) by striking ‘‘6.2 percentage points.’’ 
20
and inserting ‘‘the percentage points specified 
21
in subsection (e). In no case may the applica-
22
tion of this section result in the Federal medical 
23
assistance percentage determined for a State 
24
being more than 95 percent.’’; and 
25
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292 
HR 6800 PCS
(2) by adding at the end the following new sub-
1
sections: 
2
‘‘(e) SPECIFIED PERCENTAGE POINTS.—For pur-
3
poses of subsection (a), the percentage points specified in 
4
this subsection are— 
5
‘‘(1) for each calendar quarter occurring during 
6
the period beginning on the first day of the emer-
7
gency period described in paragraph (1)(B) of sec-
8
tion 1135(g) of the Social Security Act (42 U.S.C. 
9
1320b-5(g)) and ending on June 30, 2020, 6.2 per-
10
centage points; 
11
‘‘(2) for each calendar quarter occurring during 
12
the period beginning on July 1, 2020, and ending on 
13
June 30, 2021, 14 percentage points; and 
14
‘‘(3) for each calendar quarter, if any, occurring 
15
during the period beginning on July 1, 2021, and 
16
ending on the last day of the calendar quarter in 
17
which the last day of such emergency period occurs, 
18
6.2 percentage points. 
19
‘‘(f) CLARIFICATIONS.— 
20
‘‘(1) In the case of a State that treats an indi-
21
vidual described in subsection (b)(3) as eligible for 
22
the benefits described in such subsection, for the pe-
23
riod described in subsection (a), expenditures for 
24
medical assistance and administrative costs attrib-
25
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293 
HR 6800 PCS
utable to such individual that would not otherwise be 
1
included as expenditures under section 1903 of the 
2
Social Security Act shall be regarded as expendi-
3
tures under the State plan approved under title XIX 
4
of the Social Security Act or for administration of 
5
such State plan. 
6
‘‘(2) The limitations on payment under sub-
7
sections (f) and (g) of section 1108 of the Social Se-
8
curity Act (42 U.S.C. 1308) shall not apply to Fed-
9
eral payments made under section 1903(a)(1) of the 
10
Social Security Act (42 U.S.C. 1396b(a)(1)) attrib-
11
utable to the increase in the Federal medical assist-
12
ance percentage under this section. 
13
‘‘(3) Expenditures attributable to the increased 
14
Federal medical assistance percentage under this 
15
section shall not be counted for purposes of the limi-
16
tations under section 2104(b)(4) of such Act (42 
17
U.S.C. 1397dd(b)(4)). 
18
‘‘(4) Notwithstanding the first sentence of sec-
19
tion 2105(b) of the Social Security Act (42 U.S.C. 
20
1397ee(b)), the application of the increase under 
21
this section may result in the enhanced FMAP of a 
22
State for a fiscal year under such section exceeding 
23
85 percent, but in no case may the application of 
24
such increase before application of the second sen-
25
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294 
HR 6800 PCS
tence of such section result in the enhanced FMAP 
1
of the State exceeding 95 percent. 
2
‘‘(g) SCOPE OF APPLICATION.—An increase in the 
3
Federal medical assistance percentage for a State under 
4
this section shall not be taken into account for purposes 
5
of payments under part D of title IV of the Social Security 
6
Act (42 U.S.C. 651 et seq.).’’. 
7
(b) EFFECTIVE DATE.—The amendments made by 
8
subsection (a) shall take effect and apply as if included 
9
in the enactment of section 6008 of the Families First 
10
Coronavirus Response Act (Public Law 116–127). 
11
SEC. 30102. LIMITATION ON ADDITIONAL SECRETARIAL AC-
12
TION WITH RESPECT TO MEDICAID SUPPLE-
13
MENTAL PAYMENTS REPORTING REQUIRE-
14
MENTS. 
15
(a) IN GENERAL.—Notwithstanding any other provi-
16
sion of law, during the period that begins on the date of 
17
enactment of this section and ends on the last day of the 
18
emergency period described in paragraph (1)(B) of section 
19
1135(g) of the Social Security Act (42 U.S.C. 1320b– 
20
5(g)), the Secretary of Health and Human Services shall 
21
not take any action (through promulgation of regulation, 
22
issue of regulatory guidance, or otherwise) to— 
23
(1) finalize or otherwise implement provisions 
24
contained in the proposed rule published on Novem-
25
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295 
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ber 18, 2019, on pages 63722 through 63785 of vol-
1
ume 84, Federal Register (relating to parts 430, 
2
433, 447, 455, and 457 of title 42, Code of Federal 
3
Regulations); or 
4
(2) promulgate or implement any rule or provi-
5
sion similar to the provisions described in paragraph 
6
(1) pertaining to the Medicaid program established 
7
under title XIX of the Social Security Act (42 
8
U.S.C. 1396 et seq.) or the State Children’s Health 
9
Insurance Program established under title XXI of 
10
such Act (42 U.S.C. 1397aa et seq.). 
11
(b) CONTINUATION OF OTHER SECRETARIAL AU-
12
THORITY.—Nothing in this section shall be construed as 
13
prohibiting the Secretary during the period described in 
14
subsection (a) from taking any action (through promulga-
15
tion of regulation, issuance of regulatory guidance, or 
16
other administrative action) to enforce a provision of law 
17
in effect as of the date of enactment of this section with 
18
respect to the Medicaid program established under title 
19
XIX of the Social Security Act (42 U.S.C. 1396 et seq.) 
20
or the State Children’s Health Insurance Program estab-
21
lished under title XXI of such Act (42 U.S.C. 1397aa et 
22
seq.), or to promulgate or implement a new rule or provi-
23
sion during such period with respect to such programs, 
24
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296 
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other than a rule or provision described in subsection (a) 
1
and subject to the prohibition set forth in that subsection. 
2
SEC. 30103. ADDITIONAL SUPPORT FOR MEDICAID HOME 
3
AND COMMUNITY-BASED SERVICES DURING 
4
THE COVID–19 EMERGENCY PERIOD. 
5
(a) INCREASED FMAP.— 
6
(1) IN
GENERAL.—Notwithstanding section 
7
1905(b) of the Social Security Act (42 U.S.C. 
8
1396d(b)), in the case of an HCBS program State, 
9
the Federal medical assistance percentage deter-
10
mined for the State under section 1905(b) of such 
11
Act and, if applicable, increased under subsection 
12
(y), (z), or (aa) of section 1905 of such Act (42 
13
U.S.C. 1396d), section 1915(k) of such Act (42 
14
U.S.C. 1396n(k)), or section 6008(a) of the Fami-
15
lies First Coronavirus Response Act (Public Law 
16
116–127), shall be increased by 10 percentage 
17
points with respect to expenditures of the State 
18
under the State Medicaid program for home and 
19
community-based services that are provided during 
20
the HCBS program improvement period. In no case 
21
may the application of the previous sentence result 
22
in the Federal medical assistance percentage deter-
23
mined for a State being more than 95 percent. 
24
(2) DEFINITIONS.—In this section: 
25
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(A) HCBS PROGRAM
IMPROVEMENT
PE-
1
RIOD.—The term ‘‘HCBS program improve-
2
ment period’’ means, with respect to a State, 
3
the period— 
4
(i) beginning on July 1, 2020; and 
5
(ii) ending on June 30, 2021. 
6
(B) HCBS PROGRAM
STATE.—The term 
7
‘‘HCBS program State’’ means a State that 
8
meets the condition described in subsection (b) 
9
by submitting an application described in such 
10
subsection, which is approved by the Secretary 
11
pursuant to subsection (c). 
12
(C) HOME AND COMMUNITY-BASED SERV-
13
ICES.—The term ‘‘home and community-based 
14
services’’ means home health care services au-
15
thorized under paragraph (7) of section 1905(a) 
16
of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
17
1396d(a)), personal care services authorized 
18
under paragraph (24) of such section, PACE 
19
services authorized under paragraph (26) of 
20
such section, services authorized under sub-
21
sections (b), (c), (i), (j), and (k) of section 1915 
22
of such Act (42 U.S.C. 1396n), such services 
23
authorized under a waiver under section 1115 
24
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of such Act (42 U.S.C. 1315), and such other 
1
services specified by the Secretary. 
2
(b) CONDITION.—The condition described in this sub-
3
section, with respect to a State, is that the State submits 
4
an application to the Secretary, at such time and in such 
5
manner as specified by the Secretary, that includes, in ad-
6
dition to such other information as the Secretary shall re-
7
quire— 
8
(1) a description of which activities described in 
9
subsection (d) that a state plans to implement and 
10
a description of how it plans to implement such ac-
11
tivities; 
12
(2) assurances that the Federal funds attrib-
13
utable to the increase under subsection (a) will be 
14
used— 
15
(A) to implement the activities described in 
16
subsection (d); and 
17
(B) to supplement, and not supplant, the 
18
level of State funds expended for home and 
19
community-based services for eligible individ-
20
uals through programs in effect as of the date 
21
of the enactment of this section; and 
22
(3) assurances that the State will conduct ade-
23
quate oversight and ensure the validity of such data 
24
as may be required by the Secretary. 
25
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(c) APPROVAL OF APPLICATION.—Not later than 90 
1
days after the date of submission of an application of a 
2
State under subsection (b), the Secretary shall certify if 
3
the application is complete. Upon certification that an ap-
4
plication of a State is complete, the application shall be 
5
deemed to be approved for purposes of this section. 
6
(d) ACTIVITIES
TO IMPROVE
THE DELIVERY
OF 
7
HCBS.— 
8
(1) IN
GENERAL.—A State shall work with 
9
community partners, such as Area Agencies on 
10
Aging, Centers for Independent Living, non-profit 
11
home and community-based services providers, and 
12
other entities providing home and community-based 
13
services, to implement— 
14
(A) the purposes described in paragraph 
15
(2) during the COVID–19 public health emer-
16
gency period; and 
17
(B) the purposes described in paragraph 
18
(3) after the end of such emergency period. 
19
(2) FOCUSED
AREAS
OF
HCBS
IMPROVE-
20
MENT.—The purposes described in this paragraph, 
21
with respect to a State, are the following: 
22
(A) To increase rates for home health 
23
agencies and agencies that employ direct sup-
24
port professionals (including independent pro-
25
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300 
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viders in a self-directed or consumer-directed 
1
model) to provide home and community-based 
2
services under the State Medicaid program, 
3
provided that any agency or individual that re-
4
ceives payment under such an increased rate in-
5
creases the compensation it pays its home 
6
health workers or direct support professionals. 
7
(B) To provide paid sick leave, paid family 
8
leave, and paid medical leave for home health 
9
workers and direct support professionals. 
10
(C) To provide hazard pay, overtime pay, 
11
and shift differential pay for home health work-
12
ers and direct support professionals. 
13
(D) To provide home and community- 
14
based services to eligible individuals who are on 
15
waiting lists for programs approved under sec-
16
tions 1115 or 1915 of the Social Security Act 
17
(42 U.S.C. 1315, 1396n). 
18
(E) To purchase emergency supplies and 
19
equipment, which may include items not typi-
20
cally covered under the Medicaid program, such 
21
as personal protective equipment, necessary to 
22
enhance access to services and to protect the 
23
health and well-being of home health workers 
24
and direct support professionals. 
25
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301 
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(F) To pay for the travel of home health 
1
workers and direct support professionals to con-
2
duct home and community-based services. 
3
(G) To recruit new home health workers 
4
and direct support professionals. 
5
(H) To support family care providers of el-
6
igible individuals with needed supplies and 
7
equipment, which may include items not typi-
8
cally covered under the Medicaid program, such 
9
as personal protective equipment, and pay. 
10
(I) To pay for training for home health 
11
workers and direct support professionals that is 
12
specific to the COVID–19 public health emer-
13
gency. 
14
(J) To pay for assistive technologies, staff-
15
ing, and other costs incurred during the 
16
COVID–19 public health emergency period in 
17
order to facilitate community integration and 
18
ensure an individual’s person-centered service 
19
plan continues to be fully implemented. 
20
(K) To prepare information and public 
21
health and educational materials in accessible 
22
formats (including formats accessible to people 
23
with low literacy or intellectual disabilities) 
24
about prevention, treatment, recovery and other 
25
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302 
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aspects of COVID–19 for eligible individuals, 
1
their families, and the general community 
2
served by agencies described in subparagraph 
3
(A). 
4
(L) To pay for American sign language in-
5
terpreters to assist in providing home and com-
6
munity-based services to eligible individuals and 
7
to inform the general public about COVID–19. 
8
(M) To allow day services providers to pro-
9
vide home and community-based services. 
10
(N) To pay for other expenses deemed ap-
11
propriate by the Secretary to enhance, expand, 
12
or strengthen Home and Community-Based 
13
Services, including retainer payments, and ex-
14
penses which meet the criteria of the home and 
15
community-based settings rule published on 
16
January 16, 2014. 
17
(3) PERMISSIBLE
USES
AFTER
THE
EMER-
18
GENCY
PERIOD.—The purpose described in this 
19
paragraph, with respect to a State, is to assist eligi-
20
ble individuals who had to relocate to a nursing fa-
21
cility or institutional setting from their homes dur-
22
ing the COVID–19 public health emergency period 
23
in— 
24
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303 
HR 6800 PCS
(A) moving back to their homes (including 
1
by paying for moving costs, first month’s rent, 
2
and other one-time expenses and start-up 
3
costs); 
4
(B) resuming home and community-based 
5
services; 
6
(C) receiving mental health services and 
7
necessary rehabilitative service to regain skills 
8
lost while relocated during the public health 
9
emergency period; and 
10
(D) while funds attributable to the in-
11
creased FMAP under this section remain avail-
12
able, continuing home and community-based 
13
services for eligible individuals who were served 
14
from a waiting list for such services during the 
15
public health emergency period. 
16
(e) REPORTING REQUIREMENTS.— 
17
(1) STATE
REPORTING
REQUIREMENTS.—Not 
18
later than December 31, 2022, any State with re-
19
spect to which an application is approved by the Sec-
20
retary pursuant to subsection (c) shall submit a re-
21
port to the Secretary that contains the following in-
22
formation: 
23
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304 
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(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
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305 
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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
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306 
HR 6800 PCS
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
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307 
HR 6800 PCS
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
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(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
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309 
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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
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310 
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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
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311 
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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
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312 
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(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
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313 
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(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
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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
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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
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(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
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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
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(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
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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
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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
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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
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‘‘(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
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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
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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
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(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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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335 
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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
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336 
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(i) by striking ‘‘and’’ at the end of 
1
paragraph (85); 
2
(ii) by striking the period at the end 
3
of paragraph (86) and inserting ‘‘; and’’; 
4
and 
5
(iii) by inserting after paragraph (86) 
6
the following new paragraph: 
7
‘‘(87) provide for a mechanism, which may in-
8
clude attestation, that ensures that, with respect to 
9
any provider (including a transportation network 
10
company) or individual driver of nonemergency 
11
transportation to medically necessary services receiv-
12
ing payments under such plan (but excluding any 
13
public transit authority), at a minimum— 
14
‘‘(A) each such provider and individual 
15
driver is not excluded from participation in any 
16
Federal health care program (as defined in sec-
17
tion 1128B(f)) and is not listed on the exclu-
18
sion list of the Inspector General of the Depart-
19
ment of Health and Human Services; 
20
‘‘(B) each such individual driver has a 
21
valid driver’s license; 
22
‘‘(C) each such provider has in place a 
23
process to address any violation of a State drug 
24
law; and 
25
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‘‘(D) each such provider has in place a 
1
process to disclose to the State Medicaid pro-
2
gram the driving history, including any traffic 
3
violations, of each such individual driver em-
4
ployed by such provider, including any traffic 
5
violations.’’. 
6
(B) EFFECTIVE DATE.— 
7
(i) IN GENERAL.—Except as provided 
8
in clause (ii), the amendments made by 
9
subparagraph (A) shall take effect on the 
10
date of the enactment of this Act and shall 
11
apply to services furnished on or after the 
12
date that is one year after the date of the 
13
enactment of this Act. 
14
(ii) EXCEPTION
IF
STATE
LEGISLA-
15
TION REQUIRED.—In the case of a State 
16
plan for medical assistance under title XIX 
17
of the Social Security Act which the Sec-
18
retary of Health and Human Services de-
19
termines requires State legislation (other 
20
than legislation appropriating funds) in 
21
order for the plan to meet the additional 
22
requirement imposed by the amendments 
23
made by subparagraph (A), the State plan 
24
shall not be regarded as failing to comply 
25
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338 
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with the requirements of such title solely 
1
on the basis of its failure to meet this ad-
2
ditional requirement before the first day of 
3
the first calendar quarter beginning after 
4
the close of the first regular session of the 
5
State legislature that begins after the date 
6
of the enactment of this Act. For purposes 
7
of the previous sentence, in the case of a 
8
State that has a 2-year legislative session, 
9
each year of such session shall be deemed 
10
to be a separate regular session of the 
11
State legislature. 
12
(5) ANALYSIS
OF
T–MSIS
DATA.—Not later 
13
than one year after the date of the enactment of this 
14
Act, the Secretary of Health and Human Services, 
15
through the Centers for Medicare & Medicaid Serv-
16
ices, shall analyze, and submit to Congress a report 
17
on, the nation-wide data set under the Transformed 
18
Medicaid Statistical Information System to identify 
19
recommendations relating to coverage under the 
20
Medicaid program under title XIX of the Social Se-
21
curity Act of nonemergency transportation to medi-
22
cally necessary services. 
23
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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
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(2) the provider of services or supplier (as de-
1
fined in section 1861 of the Social Security Act (42 
2
U.S.C. 1395x)) does not hold such individual liable 
3
for such requirement. 
4
(b) DEFINITION OF SPECIFIED COVID–19 TREAT-
5
MENT SERVICES.—For purposes of this section, the term 
6
‘‘specified COVID–19 treatment service’’ means any item 
7
or service furnished to an individual for which payment 
8
may be made under part A or part B of title XVIII of 
9
the Social Security Act (42 U.S.C. 1395 et seq.) if such 
10
item or service is included in a claim with an ICD–10– 
11
CM code relating to COVID–19 (as described in the docu-
12
ment entitled ‘‘ICD–10–CM Official Coding Guidelines - 
13
Supplement Coding encounters related to COVID–19 
14
Coronavirus Outbreak’’ published on February 20, 2020, 
15
or as otherwise specified by the Secretary). 
16
(c) RECOVERY OF COST-SHARING AMOUNTS PAID BY 
17
THE SECRETARY IN THE CASE OF SUPPLEMENTAL IN-
18
SURANCE COVERAGE.— 
19
(1) IN GENERAL.—In the case of any amount 
20
paid by the Secretary pursuant to subsection (a)(1) 
21
that the Secretary determines would otherwise have 
22
been paid by a group health plan or health insurance 
23
issuer (as such terms are defined in section 2791 of 
24
the Public Health Service Act (42 U.S.C. 300gg– 
25
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341 
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91)), a private entity offering a medicare supple-
1
mental policy under section 1882 of the Social Secu-
2
rity Act (42 U.S.C. 1395ss), any other health plan 
3
offering supplemental coverage, a State plan under 
4
title XIX of the Social Security Act, or the Secretary 
5
of Defense under the TRICARE program, such 
6
plan, issuer, private entity, other health plan, State 
7
plan, or Secretary of Defense, as applicable, shall 
8
pay to the Secretary, not later than 1 year after 
9
such plan, issuer, private entity, other health plan, 
10
State plan, or Secretary of Defense receives a notice 
11
under paragraph (3), such amount in accordance 
12
with this subsection. 
13
(2) REQUIRED INFORMATION.—Not later than 
14
9 months after the date of the enactment of this 
15
Act, each group health plan, health insurance issuer, 
16
private entity, other health plan, State plan, and 
17
Secretary of Defense described in paragraph (1) 
18
shall submit to the Secretary such information as 
19
the Secretary determines necessary for purposes of 
20
carrying out this subsection. Such information so 
21
submitted shall be updated by such plan, issuer, pri-
22
vate entity, other health plan, State plan, or Sec-
23
retary of Defense, as applicable, at such time and in 
24
such manner as specified by the Secretary. 
25
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(3) REVIEW OF CLAIMS AND NOTIFICATION.— 
1
The Secretary shall establish a process under which 
2
claims for items and services for which the Secretary 
3
has paid an amount pursuant to subsection (a)(1) 
4
are reviewed for purposes of identifying if such 
5
amount would otherwise have been paid by a plan, 
6
issuer, private entity, other health plan, State plan, 
7
or Secretary of Defense described in paragraph (1). 
8
In the case such a claim is so identified, the Sec-
9
retary shall determine the amount that would have 
10
been otherwise payable by such plan, issuer, private 
11
entity, other health plan, State plan, or Secretary of 
12
Defense and notify such plan, issuer, private entity, 
13
other health plan, State plan, or Secretary of De-
14
fense of such amount. 
15
(4) ENFORCEMENT.—The Secretary may im-
16
pose a civil monetary penalty in an amount deter-
17
mined appropriate by the Secretary in the case of a 
18
plan, issuer, private entity, other health plan, or 
19
State plan that fails to comply with a provision of 
20
this section. The provisions of section 1128A of the 
21
Social Security Act shall apply to a civil monetary 
22
penalty imposed under the previous sentence in the 
23
same manner as such provisions apply to a penalty 
24
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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
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(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
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345 
HR 6800 PCS
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
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346 
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(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
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347 
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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
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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
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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
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‘‘(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
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(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
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‘‘(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
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(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
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(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
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‘‘(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
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356 
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(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
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HR 6800 PCS
(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
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358 
HR 6800 PCS
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
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(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
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‘‘(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
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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
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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
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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
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‘‘(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
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‘‘(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
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HR 6800 PCS
‘‘(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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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HR 6800 PCS
‘‘(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
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(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
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‘‘(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
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‘‘(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
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‘‘(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
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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
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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
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389 
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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
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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
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391 
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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
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392 
HR 6800 PCS
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
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‘‘(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
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394 
HR 6800 PCS
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
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395 
HR 6800 PCS
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
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‘‘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
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397 
HR 6800 PCS
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
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‘‘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
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399 
HR 6800 PCS
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
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400 
HR 6800 PCS
‘‘(A) 
the 
publicly 
accessible 
Internet 
1
website address for such Exchange; 
2
‘‘(B) 
the 
publicly 
accessible 
Internet 
3
website address for the Find Local Help direc-
4
tory maintained by the Department of Health 
5
and Human Services on the healthcare.gov 
6
Internet website (or a successor website); 
7
‘‘(C) a clear explanation that— 
8
‘‘(i) an individual who is eligible for 
9
continuation coverage may also be eligible 
10
to enroll, with financial assistance, in a 
11
qualified health plan offered through such 
12
Exchange, but, in the case that such indi-
13
vidual elects to enroll in such continuation 
14
coverage and subsequently elects to termi-
15
nate such continuation coverage before the 
16
period of such continuation coverage ex-
17
pires, such individual will not be eligible to 
18
enroll in a qualified health plan offered 
19
through such Exchange during a special 
20
enrollment period; and 
21
‘‘(ii) an individual who elects to enroll 
22
in continuation coverage will remain eligi-
23
ble to enroll in a qualified health plan of-
24
fered through such Exchange during an 
25
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401 
HR 6800 PCS
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
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HR 6800 PCS
(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
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403 
HR 6800 PCS
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
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404 
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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
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405 
HR 6800 PCS
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
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406 
HR 6800 PCS
(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
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407 
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‘‘(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
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408 
HR 6800 PCS
‘‘(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
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409 
HR 6800 PCS
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
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410 
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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
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411 
HR 6800 PCS
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
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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
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413 
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(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
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414 
HR 6800 PCS
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
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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
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(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
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417 
HR 6800 PCS
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
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418 
HR 6800 PCS
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
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419 
HR 6800 PCS
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
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420 
HR 6800 PCS
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
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421 
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(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
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422 
HR 6800 PCS
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
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423 
HR 6800 PCS
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
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424 
HR 6800 PCS
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
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425 
HR 6800 PCS
coverage as provided under this sub-
1
paragraph; 
2
(II) the premium for such dif-
3
ferent coverage does not exceed the 
4
premium for coverage in which such 
5
individual was enrolled at the time 
6
such qualifying event occurred or im-
7
mediately before such furlough began; 
8
(III) the different coverage in 
9
which the individual elects to enroll is 
10
coverage that is also offered to the ac-
11
tive employees of the employer, who 
12
are not in a furlough period, at the 
13
time at which such election is made; 
14
and 
15
(IV) the different coverage in 
16
which the individual elects to enroll is 
17
not— 
18
(aa) coverage that provides 
19
only dental, vision, counseling, or 
20
referral services (or a combina-
21
tion of such services); 
22
(bb) a qualified small em-
23
ployer health reimbursement ar-
24
rangement (as defined in section 
25
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426 
HR 6800 PCS
9831(d)(2) of the Internal Rev-
1
enue Code of 1986); 
2
(cc) a flexible spending ar-
3
rangement (as defined in section 
4
106(c)(2) of the Internal Rev-
5
enue Code of 1986); or 
6
(dd) benefits that provide 
7
coverage for services or treat-
8
ments furnished in an on-site 
9
medical facility maintained by 
10
the employer and that consists 
11
primarily of first-aid services, 
12
prevention and wellness care, or 
13
similar care (or a combination of 
14
such care). 
15
(C) PREMIUM REIMBURSEMENT.—For pro-
16
visions providing the payment of such premium, 
17
see section 6432 of the Internal Revenue Code 
18
of 1986, as added by paragraph (14). 
19
(2) LIMITATION OF PERIOD OF PREMIUM AS-
20
SISTANCE.— 
21
(A) ELIGIBILITY
FOR
ADDITIONAL
COV-
22
ERAGE.—Paragraph (1)(A) shall not apply with 
23
respect to— 
24
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427 
HR 6800 PCS
(i) any assistance eligible individual 
1
described in paragraph (3)(A) for months 
2
of coverage beginning on or after the ear-
3
lier of— 
4
(I) the first date that such indi-
5
vidual is eligible for coverage under 
6
any other group health plan (other 
7
than coverage consisting of only den-
8
tal, vision, counseling, or referral serv-
9
ices (or a combination thereof), cov-
10
erage under a flexible spending ar-
11
rangement (as defined in section 
12
106(c)(2) of the Internal Revenue 
13
Code of 1986), coverage of treatment 
14
that is furnished in an on-site medical 
15
facility maintained by the employer 
16
and that consists primarily of first-aid 
17
services, prevention and wellness care, 
18
or similar care (or a combination 
19
thereof)), or eligible for benefits under 
20
the Medicare program under title 
21
XVIII of the Social Security Act; or 
22
(II) the earliest of— 
23
(aa) the date following the 
24
expiration of the maximum pe-
25
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428 
HR 6800 PCS
riod of continuation coverage re-
1
quired 
under 
the 
applicable 
2
COBRA continuation coverage 
3
provision; or 
4
(bb) the date following the 
5
expiration of the period of con-
6
tinuation coverage allowed under 
7
paragraph (4)(B)(ii); or 
8
(ii) any assistance eligible individual 
9
described in paragraph (3)(B) for months 
10
of coverage beginning on or after the ear-
11
lier of— 
12
(I) the first date that such indi-
13
vidual is eligible for coverage under 
14
any other group health plan (other 
15
than coverage consisting of only den-
16
tal, vision, counseling, or referral serv-
17
ices (or a combination thereof), cov-
18
erage under a flexible spending ar-
19
rangement (as defined in section 
20
106(c)(2) of the Internal Revenue 
21
Code of 1986), coverage of treatment 
22
that is furnished in an on-site medical 
23
facility maintained by the employer 
24
and that consists primarily of first-aid 
25
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429 
HR 6800 PCS
services, prevention and wellness care, 
1
or similar care (or a combination 
2
thereof)), or eligible for benefits under 
3
the Medicare program under title 
4
XVIII of the Social Security Act; or 
5
(II) the first date that such indi-
6
vidual is no longer in the furlough pe-
7
riod. 
8
(B) NOTIFICATION
REQUIREMENT.—Any 
9
assistance eligible individual shall notify the 
10
group health plan with respect to which para-
11
graph (1)(A) applies if such paragraph ceases 
12
to apply by reason of clause (i)(I) or (ii)(I) of 
13
subparagraph (A) (as applicable). Such notice 
14
shall be provided to the group health plan in 
15
such time and manner as may be specified by 
16
the Secretary of Labor. 
17
(C) SPECIAL ENROLLMENT PERIOD FOL-
18
LOWING
EXPIRATION
OF
PREMIUM
ASSIST-
19
ANCE.—Notwithstanding section 1311 of the 
20
Patient Protection and Affordable Care Act (42 
21
U.S.C. 18031), the expiration of premium as-
22
sistance pursuant to a limitation specified 
23
under subparagraph (A) shall be treated as a 
24
qualifying event for which any assistance eligi-
25
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430 
HR 6800 PCS
ble individual is eligible to enroll in a qualified 
1
health plan offered through an Exchange under 
2
title I of such Act (42 U.S.C. 18001 et seq.) 
3
during a special enrollment period. 
4
(3) ASSISTANCE
ELIGIBLE
INDIVIDUAL.—For 
5
purposes of this section, the term ‘‘assistance eligible 
6
individual’’ means, with respect to a period of cov-
7
erage during the period beginning on March 1, 
8
2020, and ending on January 31, 2021— 
9
(A) any individual that is a qualified bene-
10
ficiary that— 
11
(i) is eligible for COBRA continuation 
12
coverage by reason of a qualifying event 
13
specified in section 603(2) of the Employee 
14
Retirement Income Security Act of 1974, 
15
section 4980B(f)(3)(B) of the Internal 
16
Revenue Code of 1986, section 2203(2) of 
17
the Public Health Service Act, or section 
18
8905a of title 5, United States Code (ex-
19
cept for the voluntary termination of such 
20
individual’s employment by such indi-
21
vidual); and 
22
(ii) elects such coverage; or 
23
(B) any covered employee that is in a fur-
24
lough period that remains eligible for coverage 
25
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431 
HR 6800 PCS
under a group health plan offered by the em-
1
ployer of such covered employee. 
2
(4) EXTENSION OF ELECTION PERIOD AND EF-
3
FECT ON COVERAGE.— 
4
(A) IN GENERAL.—For purposes of apply-
5
ing section 605(a) of the Employee Retirement 
6
Income 
Security 
Act 
of 
1974, 
section 
7
4980B(f)(5)(A) of the Internal Revenue Code 
8
of 1986, section 2205(a) of the Public Health 
9
Service Act, and section 8905a(c)(2) of title 5, 
10
United States Code, in the case of— 
11
(i) an individual who does not have an 
12
election of COBRA continuation coverage 
13
in effect on the date of the enactment of 
14
this Act but who would be an assistance el-
15
igible individual described in paragraph 
16
(3)(A) if such election were so in effect; or 
17
(ii) an individual who elected COBRA 
18
continuation coverage on or after March 1, 
19
2020, and discontinued from such coverage 
20
before the date of the enactment of this 
21
Act, 
22
such individual may elect the COBRA continu-
23
ation coverage under the COBRA continuation 
24
coverage provisions containing such provisions 
25
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432 
HR 6800 PCS
during the period beginning on the date of the 
1
enactment of this Act and ending 60 days after 
2
the date on which the notification required 
3
under paragraph (7)(C) is provided to such in-
4
dividual. 
5
(B) COMMENCEMENT OF COBRA CONTINU-
6
ATION COVERAGE.—Any COBRA continuation 
7
coverage elected by a qualified beneficiary dur-
8
ing an extended election period under subpara-
9
graph (A)— 
10
(i) shall apply as if such qualified ben-
11
eficiary had been covered as of the date of 
12
a qualifying event specified in section 
13
603(2) of the Employee Retirement In-
14
come Security Act of 1974, section 
15
4980B(f)(3)(B) of the Internal Revenue 
16
Code of 1986, section 2203(2) of the Pub-
17
lic Health Service Act, or section 8905a of 
18
title 5, United States Code, except for the 
19
voluntary termination of such beneficiary’s 
20
employment by such beneficiary, that oc-
21
curs no earlier than March 1, 2020 (in-
22
cluding the treatment of premium pay-
23
ments under paragraph (1)(A) and any 
24
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433 
HR 6800 PCS
cost-sharing requirements for items and 
1
services under a group health plan); and 
2
(ii) shall not extend beyond the period 
3
of COBRA continuation coverage that 
4
would have been required under the appli-
5
cable COBRA continuation coverage provi-
6
sion if the coverage had been elected as re-
7
quired under such provision. 
8
(5) EXPEDITED REVIEW OF DENIALS OF PRE-
9
MIUM ASSISTANCE.—In any case in which an indi-
10
vidual requests treatment as an assistance eligible 
11
individual described in subparagraph (A) or (B) of 
12
paragraph (3) and is denied such treatment by the 
13
group health plan, the Secretary of Labor (or the 
14
Secretary of Health and Human Services in connec-
15
tion with COBRA continuation coverage which is 
16
provided other than pursuant to part 6 of subtitle B 
17
of title I of the Employee Retirement Income Secu-
18
rity Act of 1974), in consultation with the Secretary 
19
of the Treasury, shall provide for expedited review of 
20
such denial. An individual shall be entitled to such 
21
review upon application to such Secretary in such 
22
form and manner as shall be provided by such Sec-
23
retary, in consultation with the Secretary of Treas-
24
ury. Such Secretary shall make a determination re-
25
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434 
HR 6800 PCS
garding such individual’s eligibility within 15 busi-
1
ness days after receipt of such individual’s applica-
2
tion for review under this paragraph. Either Sec-
3
retary’s determination upon review of the denial 
4
shall be de novo and shall be the final determination 
5
of such Secretary. A reviewing court shall grant def-
6
erence to such Secretary’s determination. The provi-
7
sions of this paragraph, paragraphs (1) through (4), 
8
and paragraphs (7) through (9) shall be treated as 
9
provisions of title I of the Employee Retirement In-
10
come Security Act of 1974 for purposes of part 5 of 
11
subtitle B of such title. 
12
(6) DISREGARD OF SUBSIDIES FOR PURPOSES 
13
OF
FEDERAL
AND
STATE
PROGRAMS.—Notwith-
14
standing any other provision of law, any premium 
15
assistance with respect to an assistance eligible indi-
16
vidual under this subsection shall not be considered 
17
income, in-kind support, or resources for purposes of 
18
determining the eligibility of the recipient (or the re-
19
cipient’s spouse or family) for benefits or assistance, 
20
or the amount or extent of benefits or assistance, or 
21
any other benefit provided under any Federal pro-
22
gram or any program of a State or political subdivi-
23
sion thereof financed in whole or in part with Fed-
24
eral funds. 
25
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(7) COBRA-SPECIFIC NOTICE.— 
1
(A) GENERAL NOTICE.— 
2
(i) IN GENERAL.—In the case of no-
3
tices provided under section 606(a)(4) of 
4
the Employee Retirement Income Security 
5
Act of 1974 (29 U.S.C. 1166(4)), section 
6
4980B(f)(6)(D) of the Internal Revenue 
7
Code of 1986, section 2206(4) of the Pub-
8
lic Health Service Act (42 U.S.C. 300bb– 
9
6(4)), or section 8905a(f)(2)(A) of title 5, 
10
United States Code, with respect to indi-
11
viduals who, during the period described in 
12
paragraph (3), become entitled to elect 
13
COBRA continuation coverage, the re-
14
quirements of such provisions shall not be 
15
treated as met unless such notices include 
16
an additional notification to the recipient a 
17
written notice in clear and understandable 
18
language of— 
19
(I) the availability of premium 
20
assistance with respect to such cov-
21
erage under this subsection; and 
22
(II) the option to enroll in dif-
23
ferent coverage if the employer per-
24
mits assistance eligible individuals de-
25
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436 
HR 6800 PCS
scribed in paragraph (3)(A) to elect 
1
enrollment in different coverage (as 
2
described in paragraph (1)(B)). 
3
(ii) ALTERNATIVE
NOTICE.—In the 
4
case of COBRA continuation coverage to 
5
which the notice provision under such sec-
6
tions does not apply, the Secretary of 
7
Labor, in consultation with the Secretary 
8
of the Treasury and the Secretary of 
9
Health and Human Services, shall, in con-
10
sultation with administrators of the group 
11
health plans (or other entities) that provide 
12
or administer the COBRA continuation 
13
coverage involved, provide rules requiring 
14
the provision of such notice. 
15
(iii) FORM.—The requirement of the 
16
additional notification under this subpara-
17
graph may be met by amendment of exist-
18
ing notice forms or by inclusion of a sepa-
19
rate document with the notice otherwise 
20
required. 
21
(B) SPECIFIC REQUIREMENTS.—Each ad-
22
ditional notification under subparagraph (A) 
23
shall include— 
24
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437 
HR 6800 PCS
(i) the forms necessary for estab-
1
lishing eligibility for premium assistance 
2
under this subsection; 
3
(ii) the name, address, and telephone 
4
number necessary to contact the plan ad-
5
ministrator and any other person main-
6
taining relevant information in connection 
7
with such premium assistance; 
8
(iii) a description of the extended elec-
9
tion period provided for in paragraph 
10
(4)(A); 
11
(iv) a description of the obligation of 
12
the qualified beneficiary under paragraph 
13
(2)(B) and the penalty provided under sec-
14
tion 6720C of the Internal Revenue Code 
15
of 1986 for failure to carry out the obliga-
16
tion; 
17
(v) a description, displayed in a 
18
prominent manner, of the qualified bene-
19
ficiary’s right to a reduced premium and 
20
any conditions on entitlement to the re-
21
duced premium; 
22
(vi) a description of the option of the 
23
qualified beneficiary to enroll in different 
24
coverage if the employer permits such ben-
25
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438 
HR 6800 PCS
eficiary to elect to enroll in such different 
1
coverage under paragraph (1)(B); and 
2
(vii) information regarding any Ex-
3
change established under title I of the Pa-
4
tient Protection and Affordable Care Act 
5
(42 U.S.C. 18001 et seq.) through which a 
6
qualified beneficiary may be eligible to en-
7
roll in a qualified health plan, including— 
8
(I) the publicly accessible inter-
9
net website address for such Ex-
10
change; 
11
(II) the publicly accessible inter-
12
net website address for the Find 
13
Local Help directory maintained by 
14
the 
Department 
of 
Health 
and 
15
Human Services on the healthcare.gov 
16
internet 
website 
(or 
a 
successor 
17
website); 
18
(III) a clear explanation that— 
19
(aa) an individual who is eli-
20
gible for continuation coverage 
21
may also be eligible to enroll, 
22
with financial assistance, in a 
23
qualified 
health 
plan 
offered 
24
through such Exchange, but, in 
25
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439 
HR 6800 PCS
the case that such individual 
1
elects to enroll in such continu-
2
ation coverage and subsequently 
3
elects to terminate such continu-
4
ation coverage before the period 
5
of such continuation coverage ex-
6
pires, such termination does not 
7
initiate a special enrollment pe-
8
riod (absent a qualifying event 
9
specified in section 603(2) of the 
10
Employee Retirement Income Se-
11
curity 
Act 
of 
1974, 
section 
12
4980B(f)(3)(B) of the Internal 
13
Revenue Code of 1986, section 
14
2203(2) of the Public Health 
15
Service Act, or section 8905a of 
16
title 5, United States Code, with 
17
respect to such individual); and 
18
(bb) an individual who elects 
19
to enroll in continuation coverage 
20
will remain eligible to enroll in a 
21
qualified 
health 
plan 
offered 
22
through such Exchange during 
23
an open enrollment period and 
24
may be eligible for financial as-
25
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440 
HR 6800 PCS
sistance with respect to enrolling 
1
in such a qualified health plan; 
2
(IV) information on consumer 
3
protections with respect to enrolling in 
4
a 
qualified 
health 
plan 
offered 
5
through such Exchange, including the 
6
requirement for such a qualified 
7
health plan to provide coverage for es-
8
sential health benefits (as defined in 
9
section 1302(b) of such Act (42 
10
U.S.C. 18022(b))) and the require-
11
ments applicable to such a qualified 
12
health plan under part A of title 
13
XXVII of the Public Health Service 
14
Act (42 U.S.C. 300gg et seq.); 
15
(V) information on the avail-
16
ability of financial assistance with re-
17
spect to enrolling in a qualified health 
18
plan, including the maximum income 
19
limit for eligibility for the premium 
20
tax credit under section 36B of the 
21
Internal Revenue Code of 1986; and 
22
(VI) information on any special 
23
enrollment periods during which any 
24
assistance eligible individual described 
25
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441 
HR 6800 PCS
in paragraph (3)(A)(i) may be eligible 
1
to enroll, with financial assistance, in 
2
a 
qualified 
health 
plan 
offered 
3
through such Exchange (including a 
4
special enrollment period for which an 
5
individual may be eligible due to the 
6
expiration of premium assistance pur-
7
suant to a limitation specified under 
8
paragraph (2)(A)). 
9
(C) NOTICE
IN
CONNECTION
WITH
EX-
10
TENDED ELECTION PERIODS.—In the case of 
11
any assistance eligible individual described in 
12
paragraph (3)(A) (or any individual described 
13
in paragraph (4)(A)) who became entitled to 
14
elect COBRA continuation coverage before the 
15
date of the enactment of this Act, the adminis-
16
trator of the applicable group health plan (or 
17
other entity) shall provide (within 60 days after 
18
the date of enactment of this Act) for the addi-
19
tional notification required to be provided under 
20
subparagraph (A) and failure to provide such 
21
notice shall be treated as a failure to meet the 
22
notice 
requirements 
under 
the 
applicable 
23
COBRA continuation provision. 
24
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442 
HR 6800 PCS
(D) MODEL NOTICES.—Not later than 30 
1
days after the date of enactment of this Act, 
2
with respect to any assistance eligible individual 
3
described in paragraph (3)(A)— 
4
(i) the Secretary of Labor, in con-
5
sultation with the Secretary of the Treas-
6
ury and the Secretary of Health and 
7
Human Services, shall prescribe models for 
8
the additional notification required under 
9
this paragraph (other than the additional 
10
notification described in clause (ii)); and 
11
(ii) in the case of any additional noti-
12
fication provided pursuant to subpara-
13
graph (A) under section 8905a(f)(2)(A) of 
14
title 5, United States Code, the Office of 
15
Personnel Management shall prescribe a 
16
model for such additional notification. 
17
(8) FURLOUGH-SPECIFIC NOTICE.— 
18
(A) IN GENERAL.—With respect to any as-
19
sistance eligible individual described in para-
20
graph (3)(B) who, during the period described 
21
in such paragraph, becomes eligible for assist-
22
ance pursuant to paragraph (1)(A)(ii), the re-
23
quirements of section 606(a)(4) of the Em-
24
ployee Retirement Income Security Act of 1974 
25
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443 
HR 6800 PCS
(29 U.S.C. 1166(4)), section 4980B(f)(6)(D) of 
1
the Internal Revenue Code of 1986, section 
2
2206(4) of the Public Health Service Act (42 
3
U.S.C. 300bb–6(4)), or section 8905a(f)(2)(A) 
4
of title 5, United States Code, shall not be 
5
treated as met unless the group health plan ad-
6
ministrator, in accordance with the timing re-
7
quirement specified under subparagraph (B), 
8
provides to the individual a written notice in 
9
clear and understandable language of— 
10
(i) the availability of premium assist-
11
ance with respect to such coverage under 
12
this subsection; 
13
(ii) the option of the qualified bene-
14
ficiary to enroll in different coverage if the 
15
employer permits such beneficiary to elect 
16
to enroll in such different coverage under 
17
paragraph (1)(B); and 
18
(iii) the information specified under 
19
paragraph (7)(B) (as applicable). 
20
(B) TIMING SPECIFIED.—For purposes of 
21
subparagraph (A), the timing requirement spec-
22
ified in this subparagraph is— 
23
(i) with respect to such an individual 
24
who is within a furlough period during the 
25
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444 
HR 6800 PCS
period beginning on March 1, 2020, and 
1
ending on the date of the enactment of this 
2
Act, 30 days after the date of such enact-
3
ment; and 
4
(ii) with respect to such an individual 
5
who is within a furlough period during the 
6
period beginning on the first day after the 
7
date of the enactment of this Act and end-
8
ing on January 31, 2021, 30 days after 
9
the date of the beginning of such furlough 
10
period. 
11
(C) MODEL NOTICES.—Not later than 30 
12
days after the date of enactment of this Act, 
13
with respect to any assistance eligible individual 
14
described in paragraph (3)(B)— 
15
(i) the Secretary of Labor, in con-
16
sultation with the Secretary of the Treas-
17
ury and the Secretary of Health and 
18
Human Services, shall prescribe models for 
19
the notification required under this para-
20
graph (other than the notification de-
21
scribed in clause (ii)); and 
22
(ii) in the case of any notification pro-
23
vided pursuant to subparagraph (A) under 
24
section 8905a(f)(2)(A) of title 5, United 
25
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445 
HR 6800 PCS
States Code, the Office of Personnel Man-
1
agement shall prescribe a model for such 
2
notification. 
3
(9) NOTICE
OF
EXPIRATION
OF
PERIOD
OF 
4
PREMIUM ASSISTANCE.— 
5
(A) IN GENERAL.—With respect to any as-
6
sistance eligible individual, subject to subpara-
7
graph 
(B), 
the 
requirements 
of 
section 
8
606(a)(4) of the Employee Retirement Income 
9
Security Act of 1974 (29 U.S.C. 1166(4)), sec-
10
tion 4980B(f)(6)(D) of the Internal Revenue 
11
Code of 1986, section 2206(4) of the Public 
12
Health Service Act (42 U.S.C. 300bb–6(4)), or 
13
section 8905a(f)(2)(A) of title 5, United States 
14
Code, shall not be treated as met unless the 
15
employer of the individual, during the period 
16
specified under subparagraph (C), provides to 
17
such individual a written notice in clear and un-
18
derstandable language— 
19
(i) that the premium assistance for 
20
such individual will expire soon and the 
21
prominent identification of the date of 
22
such expiration; 
23
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446 
HR 6800 PCS
(ii) that such individual may be eligi-
1
ble for coverage without any premium as-
2
sistance through— 
3
(I) COBRA continuation cov-
4
erage; or 
5
(II) coverage under a group 
6
health plan; 
7
(iii) that the expiration of premium 
8
assistance is treated as a qualifying event 
9
for which any assistance eligible individual 
10
is eligible to enroll in a qualified health 
11
plan offered through an Exchange under 
12
title I of such Act (42 U.S.C. 18001 et 
13
seq.) during a special enrollment period; 
14
and 
15
(iv) the information specified in para-
16
graph (7)(B)(vii). 
17
(B) EXCEPTION.—The requirement for the 
18
group health plan administrator to provide the 
19
written notice under subparagraph (A) shall be 
20
waived in the case the premium assistance for 
21
such individual expires pursuant to clause (i)(I) 
22
or (ii)(I) of paragraph (2)(A). 
23
(C) PERIOD SPECIFIED.—For purposes of 
24
subparagraph (A), the period specified in this 
25
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447 
HR 6800 PCS
subparagraph is, with respect to the date of ex-
1
piration of premium assistance for any assist-
2
ance eligible individual pursuant to a limitation 
3
requiring a notice under this paragraph, the pe-
4
riod beginning on the day that is 45 days before 
5
the date of such expiration and ending on the 
6
day that is 15 days before the date of such ex-
7
piration. 
8
(D) MODEL NOTICES.—Not later than 30 
9
days after the date of enactment of this Act, 
10
with respect to any assistance eligible indi-
11
vidual— 
12
(i) the Secretary of Labor, in con-
13
sultation with the Secretary of the Treas-
14
ury and the Secretary of Health and 
15
Human Services, shall prescribe models for 
16
the notification required under this para-
17
graph (other than the notification de-
18
scribed in clause (ii)); and 
19
(ii) in the case of any notification pro-
20
vided pursuant to subparagraph (A) under 
21
section 8905a(f)(2)(A) of title 5, United 
22
States Code, the Office of Personnel Man-
23
agement shall prescribe a model for such 
24
notification. 
25
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448 
HR 6800 PCS
(10) REGULATIONS.—The Secretary of the 
1
Treasury and the Secretary of Labor may jointly 
2
prescribe such regulations or other guidance as may 
3
be necessary or appropriate to carry out the provi-
4
sions of this subsection, including the prevention of 
5
fraud and abuse under this subsection, except that 
6
the Secretary of Labor and the Secretary of Health 
7
and Human Services may prescribe such regulations 
8
(including interim final regulations) or other guid-
9
ance as may be necessary or appropriate to carry 
10
out the provisions of paragraphs (5), (7), (8), (9), 
11
and (11). 
12
(11) OUTREACH.— 
13
(A) 
IN
GENERAL.—The 
Secretary 
of 
14
Labor, in consultation with the Secretary of the 
15
Treasury and the Secretary of Health and 
16
Human Services, shall provide outreach con-
17
sisting of public education and enrollment as-
18
sistance relating to premium assistance pro-
19
vided under this subsection. Such outreach shall 
20
target employers, group health plan administra-
21
tors, public assistance programs, States, insur-
22
ers, and other entities as determined appro-
23
priate by such Secretaries. Such outreach shall 
24
include an initial focus on those individuals 
25
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449 
HR 6800 PCS
electing continuation coverage who are referred 
1
to in paragraph (7)(C). Information on such 
2
premium assistance, including enrollment, shall 
3
also be made available on websites of the De-
4
partments of Labor, Treasury, and Health and 
5
Human Services. 
6
(B) ENROLLMENT
UNDER
MEDICARE.— 
7
The Secretary of Health and Human Services 
8
shall provide outreach consisting of public edu-
9
cation. Such outreach shall target individuals 
10
who lose health insurance coverage. Such out-
11
reach shall include information regarding en-
12
rollment for benefits under title XVIII of the 
13
Social Security Act (42 U.S.C. 1395 et seq.) for 
14
purposes of preventing mistaken delays of such 
15
enrollment by such individuals, including life-
16
time penalties for failure of timely enrollment. 
17
(12) DEFINITIONS.—For purposes of this sec-
18
tion: 
19
(A) ADMINISTRATOR.—The term ‘‘admin-
20
istrator’’ has the meaning given such term in 
21
section 3(16)(A) of the Employee Retirement 
22
Income Security Act of 1974. 
23
(B) COBRA CONTINUATION COVERAGE.— 
24
The term ‘‘COBRA continuation coverage’’ 
25
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450 
HR 6800 PCS
means continuation coverage provided pursuant 
1
to part 6 of subtitle B of title I of the Em-
2
ployee Retirement Income Security Act of 1974 
3
(other than under section 609), title XXII of 
4
the Public Health Service Act, section 4980B of 
5
the Internal Revenue Code of 1986 (other than 
6
subsection (f)(1) of such section insofar as it 
7
relates to pediatric vaccines), or section 8905a 
8
of title 5, United States Code, or under a State 
9
program that provides comparable continuation 
10
coverage. Such term does not include coverage 
11
under a health flexible spending arrangement 
12
under a cafeteria plan within the meaning of 
13
section 125 of the Internal Revenue Code of 
14
1986. 
15
(C) COBRA CONTINUATION PROVISION.— 
16
The term ‘‘COBRA continuation provision’’ 
17
means the provisions of law described in sub-
18
paragraph (B). 
19
(D) 
COVERED
EMPLOYEE.—The 
term 
20
‘‘covered employee’’ has the meaning given such 
21
term in section 607(2) of the Employee Retire-
22
ment Income Security Act of 1974. 
23
(E) QUALIFIED BENEFICIARY.—The term 
24
‘‘qualified beneficiary’’ has the meaning given 
25
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451 
HR 6800 PCS
such term in section 607(3) of the Employee 
1
Retirement Income Security Act of 1974. 
2
(F) GROUP
HEALTH
PLAN.—The term 
3
‘‘group health plan’’ has the meaning given 
4
such term in section 607(1) of the Employee 
5
Retirement Income Security Act of 1974. 
6
(G) STATE.—The term ‘‘State’’ includes 
7
the District of Columbia, the Commonwealth of 
8
Puerto Rico, the Virgin Islands, Guam, Amer-
9
ican Samoa, and the Commonwealth of the 
10
Northern Mariana Islands. 
11
(H) PERIOD
OF
COVERAGE.—Any ref-
12
erence in this subsection to a period of coverage 
13
shall be treated as a reference to a monthly or 
14
shorter period of coverage with respect to which 
15
premiums are charged with respect to such cov-
16
erage. 
17
(I) PLAN
SPONSOR.—The term ‘‘plan 
18
sponsor’’ has the meaning given such term in 
19
section 3(16)(B) of the Employee Retirement 
20
Income Security Act of 1974. 
21
(J) FURLOUGH PERIOD.— 
22
(i) IN GENERAL.—The term ‘‘furlough 
23
period’’ means, with respect to an indi-
24
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452 
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vidual and an employer of such individual, 
1
a period— 
2
(I) beginning with the first 
3
month beginning on or after March 1, 
4
2020 and before January 31, 2021, 
5
during which such individual’s em-
6
ployer reduces such individual’s work 
7
hours (due to a lack of work, funds, 
8
or other nondisciplinary reason) to an 
9
amount that is less than 70 percent of 
10
the base month amount; and 
11
(II) ending with the earlier of— 
12
(aa) the first month begin-
13
ning after January 31, 2021; or 
14
(bb) the month following the 
15
first month during which work 
16
hours of such employee are great-
17
er than 80 percent of work hours 
18
of the base month amount. 
19
(ii) BASE MONTH AMOUNT.—For pur-
20
poses of clause (i), the term ‘‘base month 
21
amount’’ means, with respect to an indi-
22
vidual and an employer of such individual, 
23
the greater of— 
24
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(I) such individual’s work hours 
1
in the month prior (or in the case 
2
such individual had no work hours in 
3
the month prior and had work hours 
4
in the 3 months prior, the last month 
5
with work hours within the prior 3 
6
months); and 
7
(II) such individual’s work hours 
8
during the period beginning January 
9
1, 2020 and ending January 31, 
10
2020. 
11
(13) REPORTS.— 
12
(A) INTERIM REPORT.—The Secretary of 
13
the Treasury and the Secretary of Labor shall 
14
jointly submit an interim report to the Com-
15
mittee on Education and Labor, the Committee 
16
on Ways and Means, and the Committee on En-
17
ergy and Commerce of the House of Represent-
18
atives and the Committee on Health, Edu-
19
cation, Labor, and Pensions and the Committee 
20
on Finance of the Senate regarding the pre-
21
mium assistance provided under this subsection 
22
that includes— 
23
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HR 6800 PCS
(i) the number of individuals provided 
1
such assistance as of the date of the re-
2
port; and 
3
(ii) the total amount of expenditures 
4
incurred (with administrative expenditures 
5
noted separately) in connection with such 
6
assistance as of the date of the report. 
7
(B) FINAL
REPORT.—As soon as prac-
8
ticable after the last period of COBRA continu-
9
ation coverage for which premium assistance is 
10
provided under this section, the Secretary of the 
11
Treasury and the Secretary of Labor shall 
12
jointly submit a final report to each Committee 
13
referred to in subparagraph (A) that includes— 
14
(i) the number of individuals provided 
15
premium assistance under this section; 
16
(ii) 
the 
average 
dollar 
amount 
17
(monthly and annually) of premium assist-
18
ance provided to such individuals; and 
19
(iii) the total amount of expenditures 
20
incurred (with administrative expenditures 
21
noted separately) in connection with pre-
22
mium assistance under this section. 
23
(14) COBRA PREMIUM ASSISTANCE.— 
24
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(A) IN GENERAL.—Subchapter B of chap-
1
ter 65 of the Internal Revenue Code of 1986 is 
2
amended by adding at the end the following 
3
new section: 
4
‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSIST-
5
ANCE. 
6
‘‘(a) IN GENERAL.—The person to whom premiums 
7
are payable for continuation coverage under section 
8
30312(a)(1) of the Worker Health Coverage Protection 
9
Act shall be allowed as a credit against the tax imposed 
10
by section 3111(a), or so much of the taxes imposed under 
11
section 3221(a) as are attributable to the rate in effect 
12
under section 3111(a), for each calendar quarter an 
13
amount equal to the premiums not paid by assistance eligi-
14
ble individuals for such coverage by reason of such section 
15
30312(a)(1) with respect to such calendar quarter. 
16
‘‘(b) PERSON TO WHOM PREMIUMS ARE PAYABLE.— 
17
For purposes of subsection (a), except as otherwise pro-
18
vided by the Secretary, the person to whom premiums are 
19
payable under such continuation coverage shall be treated 
20
as being— 
21
‘‘(1) in the case of any group health plan which 
22
is a multiemployer plan (as defined in section 3(37) 
23
of the Employee Retirement Income Security Act of 
24
1974), the plan, 
25
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‘‘(2) in the case of any group health plan not 
1
described in paragraph (1)— 
2
‘‘(A) which provides furlough continuation 
3
coverage described in section 30312(a)(1)(A)(ii) 
4
of the Worker Health Coverage Protection Act 
5
or subject to the COBRA continuation provi-
6
sions contained in— 
7
‘‘(i) this title, 
8
‘‘(ii) the Employee Retirement Income 
9
Security Act of 1974, 
10
‘‘(iii) the Public Health Service Act, 
11
or 
12
‘‘(iv) title 5, United States Code, or 
13
‘‘(B) under which some or all of the cov-
14
erage is not provided by insurance, 
15
the employer maintaining the plan, and 
16
‘‘(3) in the case of any group health plan not 
17
described in paragraph (1) or (2), the insurer pro-
18
viding the coverage under the group health plan. 
19
‘‘(c) LIMITATIONS AND REFUNDABILITY.— 
20
‘‘(1) CREDIT
LIMITED
TO
CERTAIN
EMPLOY-
21
MENT TAXES.—The credit allowed by subsection (a) 
22
with respect to any calendar quarter shall not exceed 
23
the tax imposed by section 3111(a), or so much of 
24
the taxes imposed under section 3221(a) as are at-
25
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tributable to the rate in effect under section 
1
3111(a), for such calendar quarter (reduced by any 
2
credits allowed under subsections (e) and (f) of sec-
3
tion 3111, sections 7001 and 7003 of the Families 
4
First Coronavirus Response Act, section 2301 of the 
5
CARES Act, and sections 20204 and 20212 of the 
6
COVID–19 Tax Relief Act of 2020 for such quarter) 
7
on the wages paid with respect to the employment 
8
of all employees of the employer. 
9
‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— 
10
‘‘(A) CREDIT
IS
REFUNDABLE.—If the 
11
amount of the credit under subsection (a) ex-
12
ceeds the limitation of paragraph (1) for any 
13
calendar quarter, such excess shall be treated 
14
as an overpayment that shall be refunded under 
15
sections 6402(a) and 6413(b). 
16
‘‘(B) CREDIT MAY BE ADVANCED.—In an-
17
ticipation of the credit, including the refundable 
18
portion under subparagraph (A), the credit may 
19
be advanced, according to forms and instruc-
20
tions provided by the Secretary, up to an 
21
amount calculated under subsection (a) through 
22
the end of the most recent payroll period in the 
23
quarter. 
24
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‘‘(C) TREATMENT
OF
DEPOSITS.—The 
1
Secretary shall waive any penalty under section 
2
6656 for any failure to make a deposit of the 
3
tax imposed by section 3111(a), or so much of 
4
the taxes imposed under section 3221(a) as are 
5
attributable to the rate in effect under section 
6
3111(a), if the Secretary determines that such 
7
failure was due to the anticipation of the credit 
8
allowed under this section. 
9
‘‘(D) TREATMENT
OF
PAYMENTS.—For 
10
purposes of section 1324 of title 31, United 
11
States Code, any amounts due to an employer 
12
under this paragraph shall be treated in the 
13
same manner as a refund due from a credit 
14
provision referred to in subsection (b)(2) of 
15
such section. 
16
‘‘(3) LIMITATION
ON
REIMBURSEMENT
FOR 
17
FURLOUGHED EMPLOYEES.—In the case of an indi-
18
vidual who for any month is an assistance eligible 
19
individual described in section 30312(a)(3)(B) of the 
20
Worker Health Coverage Protection Act with respect 
21
to any coverage, the credit determined with respect 
22
to such individual under subsection (a) for any such 
23
month ending during a calendar quarter shall not 
24
exceed the amount of premium the individual would 
25
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have paid for a full month of such coverage for the 
1
month preceding the first month for which an indi-
2
vidual is such an assistance eligible individual. 
3
‘‘(d) GOVERNMENTAL ENTITIES.—For purposes of 
4
this section, the term ‘person’ includes any governmental 
5
entity or Indian tribal government (as defined in section 
6
139E(c)(1)). 
7
‘‘(e) DENIAL OF DOUBLE BENEFIT.—For purposes 
8
of chapter 1, the gross income of any person allowed a 
9
credit under this section shall be increased for the taxable 
10
year which includes the last day of any calendar quarter 
11
with respect to which such credit is allowed by the amount 
12
of such credit. No amount for which a credit is allowed 
13
under this section shall be taken into account as qualified 
14
wages under section 2301 of the CARES Act or as quali-
15
fied health plan expenses under section 7001(d) or 
16
7003(d) of the Families First Coronavirus Response Act. 
17
‘‘(f) REPORTING.—Each person entitled to reim-
18
bursement under subsection (a) for any period shall sub-
19
mit such reports (at such time and in such manner) as 
20
the Secretary may require, including— 
21
‘‘(1) an attestation of involuntary termination 
22
of employment, reduction of hours, or furloughing, 
23
for each assistance eligible individual on the basis of 
24
whose termination, reduction of hours, or fur-
25
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loughing entitlement to reimbursement is claimed 
1
under subsection (a), 
2
‘‘(2) a report of the amount of payroll taxes off-
3
set under subsection (a) for the reporting period, 
4
and 
5
‘‘(3) a report containing the TINs of all covered 
6
employees, the amount of subsidy reimbursed with 
7
respect to each employee, and a designation with re-
8
spect to each employee as to whether the subsidy re-
9
imbursement is for coverage of 1 individual or 2 or 
10
more individuals. 
11
‘‘(g) REGULATIONS.—The Secretary shall issue such 
12
regulations or other guidance as may be necessary or ap-
13
propriate to carry out this section, including— 
14
‘‘(1) the requirement to report information or 
15
the establishment of other methods for verifying the 
16
correct amounts of reimbursements under this sec-
17
tion, 
18
‘‘(2) the application of this section to group 
19
health plans that are multiemployer plans (as de-
20
fined in section 3(37) of the Employee Retirement 
21
Income Security Act of 1974), 
22
‘‘(3) to allow the advance payment of the credit 
23
determined under subsection (a), subject to the limi-
24
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461 
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tations provided in this section, based on such infor-
1
mation as the Secretary shall require, 
2
‘‘(4) to provide for the reconciliation of such 
3
advance payment with the amount of the credit at 
4
the time of filing the return of tax for the applicable 
5
quarter or taxable year, and 
6
‘‘(5) with respect to the application of the cred-
7
it to third party payors (including professional em-
8
ployer organizations, certified professional employer 
9
organizations, or agents under section 3504).’’. 
10
(B) SOCIAL SECURITY TRUST FUNDS HELD 
11
HARMLESS.—There are hereby appropriated to 
12
the Federal Old-Age and Survivors Insurance 
13
Trust Fund and the Federal Disability Insur-
14
ance Trust Fund established under section 201 
15
of the Social Security Act (42 U.S.C. 401) and 
16
the Social Security Equivalent Benefit Account 
17
established under section 15A(a) of the Rail-
18
road Retirement Act of 1974 (45 U.S.C. 231n– 
19
1(a)) amounts equal to the reduction in reve-
20
nues to the Treasury by reason of this section 
21
(without 
regard 
to 
this 
subparagraph). 
22
Amounts appropriated by the preceding sen-
23
tence shall be transferred from the general fund 
24
at such times and in such manner as to rep-
25
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HR 6800 PCS
licate to the extent possible the transfers which 
1
would have occurred to such Trust Fund or Ac-
2
count had this section not been enacted. 
3
(C) CLERICAL AMENDMENT.—The table of 
4
sections for subchapter B of chapter 65 of the 
5
Internal Revenue Code of 1986 is amended by 
6
adding at the end the following new item: 
7
‘‘Sec. 6432. Continuation coverage premium assistance.’’. 
(D) EFFECTIVE DATE.—The amendments 
8
made by this paragraph shall apply to pre-
9
miums to which subsection (a)(1)(A) applies. 
10
(E) SPECIAL RULE IN CASE OF EMPLOYEE 
11
PAYMENT THAT IS NOT REQUIRED UNDER THIS 
12
SECTION.— 
13
(i) IN GENERAL.—In the case of an 
14
assistance eligible individual who pays, 
15
with respect any period of coverage to 
16
which subsection (a)(1)(A) applies, the 
17
amount of the premium for such coverage 
18
that the individual would have (but for this 
19
Act) been required to pay, the person to 
20
whom such payment is payable shall reim-
21
burse such individual for the amount of 
22
such premium paid. 
23
(ii) CREDIT OF REIMBURSEMENT.—A 
24
person to which clause (i) applies shall be 
25
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463 
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allowed a credit in the manner provided 
1
under section 6432 of the Internal Rev-
2
enue Code of 1986 for any payment made 
3
to the employee under such clause. 
4
(iii) PAYMENT
OF
CREDITS.—Any 
5
person to which clause (i) applies shall 
6
make the payment required under such 
7
clause to the individual not later than 60 
8
days after the date on which such indi-
9
vidual elects continuation coverage under 
10
section 30312(a)(1) of the Worker Health 
11
Coverage Protection Act. 
12
(15) PENALTY
FOR
FAILURE
TO
NOTIFY 
13
HEALTH PLAN OF CESSATION OF ELIGIBILITY FOR 
14
PREMIUM ASSISTANCE.— 
15
(A) IN GENERAL.—Part I of subchapter B 
16
of chapter 68 of the Internal Revenue Code of 
17
1986 is amended by adding at the end the fol-
18
lowing new section: 
19
‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH 
20
PLAN OF CESSATION OF ELIGIBILITY FOR 
21
CONTINUATION COVERAGE PREMIUM ASSIST-
22
ANCE. 
23
‘‘(a) IN GENERAL.—Except in the case of failure de-
24
scribed in subsection (b) or (c), any person required to 
25
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notify a group health plan under section 30312(a)(2)(B) 
1
of the Worker Health Coverage Protection Act who fails 
2
to make such a notification at such time and in such man-
3
ner as the Secretary of Labor may require shall pay a 
4
penalty of $250. 
5
‘‘(b) INTENTIONAL FAILURE.—In the case of any 
6
such failure that is fraudulent, such person shall pay a 
7
penalty equal to the greater of— 
8
‘‘(1) $250, or 
9
‘‘(2) 110 percent of the premium assistance 
10
provided under section 30312(a)(1)(A) of such Act 
11
after termination of eligibility under such section. 
12
‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty 
13
shall be imposed under this section with respect to any 
14
failure if it is shown that such failure is due to reasonable 
15
cause and not to willful neglect.’’. 
16
(B) CLERICAL AMENDMENT.—The table of 
17
sections of part I of subchapter B of chapter 68 
18
of such Code is amended by adding at the end 
19
the following new item: 
20
‘‘Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility 
for continuation coverage premium assistance.’’. 
(16) COORDINATION WITH HCTC.— 
21
(A) IN GENERAL.—Section 35(g)(9) of the 
22
Internal Revenue Code of 1986 is amended to 
23
read as follows: 
24
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‘‘(9) CONTINUATION COVERAGE PREMIUM AS-
1
SISTANCE.—In the case of an assistance eligible in-
2
dividual who receives premium assistance for con-
3
tinuation coverage under section 30312(a)(1) of the 
4
Worker Health Coverage Protection Act for any 
5
month during the taxable year, such individual shall 
6
not be treated as an eligible individual, a certified 
7
individual, or a qualifying family member for pur-
8
poses of this section or section 7527 with respect to 
9
such month.’’. 
10
(B) EFFECTIVE
DATE.—The amendment 
11
made by subparagraph (A) shall apply to tax-
12
able years ending after the date of the enact-
13
ment of this Act. 
14
(17) EXCLUSION OF CONTINUATION COVERAGE 
15
PREMIUM ASSISTANCE FROM GROSS INCOME.— 
16
(A) IN GENERAL.—Part III of subchapter 
17
B of chapter 1 of the Internal Revenue Code of 
18
1986 is amended by inserting after section 
19
139H the following new section: 
20
‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSIST-
21
ANCE. 
22
‘‘In the case of an assistance eligible individual (as 
23
defined in subsection (a)(3) of section 30312 of the Work-
24
er Health Coverage Protection Act), gross income does not 
25
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include any premium assistance provided under subsection 
1
(a)(1) of such section.’’. 
2
(B) CLERICAL AMENDMENT.—The table of 
3
sections for part III of subchapter B of chapter 
4
1 of such Code is amended by inserting after 
5
the item relating to section 139H the following 
6
new item: 
7
‘‘Sec. 139I. Continuation coverage premium assistance.’’. 
(C) EFFECTIVE DATE.—The amendments 
8
made by this paragraph shall apply to taxable 
9
years ending after the date of the enactment of 
10
this Act. 
11
(18) DEADLINES
WITH
RESPECT
TO
NO-
12
TICES.—Notwithstanding section 518 of the Em-
13
ployee Retirement Income Security Act of 1974 and 
14
section 7508A of the Internal Revenue Code of 
15
1986, the Secretary of Labor and the Secretary of 
16
the Treasury, respectively, may not waive or extend 
17
any deadline with respect to the provision of notices 
18
described in paragraphs (7), (8), and (9). 
19
(b) RULE OF CONSTRUCTION.—In all matters of in-
20
terpretation, rules, and operational procedures, the lan-
21
guage of this section shall be interpreted broadly for the 
22
benefit of workers and their families. 
23
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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
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(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
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(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
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(b) QUALIFICATIONS.—To qualify to be appointed as 
1
the Medical Supplies Response Coordinator, an individual 
2
shall be a senior government official with— 
3
(1) health care training, including training re-
4
lated to infectious diseases or hazardous exposures; 
5
and 
6
(2) a familiarity with medical supply chain lo-
7
gistics. 
8
(c) ACTIVITIES.—The Medical Supplies Response Co-
9
ordinator shall— 
10
(1) consult with State, local, territorial, and 
11
Tribal officials to ensure that health care facilities 
12
and health care workers have sufficient personal pro-
13
tective equipment and other medical supplies; 
14
(2) evaluate ongoing needs of States, localities, 
15
territories, Tribes, health care facilities, and health 
16
care workers to determine the need for critical med-
17
ical supplies and equipment; 
18
(3) serve as a point of contact for industry for 
19
procurement and distribution of critical medical sup-
20
plies and equipment, including personal protective 
21
equipment, medical devices, testing supplies, drugs, 
22
and vaccines; 
23
(4) procure and distribute critical medical sup-
24
plies and equipment, including personal protective 
25
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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
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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
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‘‘(2) conduct and submit the results of any 
1
studies required under subsection (b)(3); and 
2
‘‘(3) make any labeling change described in 
3
subsection (c) by the date specified by the Secretary 
4
pursuant to such subsection. 
5
‘‘(b) NOTIFICATION.— 
6
‘‘(1) IN GENERAL.—The Secretary may issue 
7
an order requiring the manufacturer of any essential 
8
device to submit, in such manner as the Secretary 
9
may prescribe, data and information from any stage 
10
of development of the device (including pilot, inves-
11
tigational, and final product validation) that are 
12
adequate to assess the shelf life of the device to de-
13
termine the longest supported expiration date. 
14
‘‘(2) UNAVAILABLE
OR
INSUFFICIENT
DATA 
15
AND INFORMATION.—If the data and information re-
16
ferred to in paragraph (1) are not available or are 
17
insufficient, the Secretary may require the manufac-
18
turer of the device to— 
19
‘‘(A) conduct studies adequate to provide 
20
the data and information; and 
21
‘‘(B) submit to the Secretary the results, 
22
data, and information generated by such studies 
23
when available. 
24
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‘‘(c) LABELING.—The Secretary may issue an order 
1
requiring the manufacturer of an essential device to make 
2
by a specified date any labeling change regarding the expi-
3
ration period that the Secretary determines to be appro-
4
priate based on the data and information required to be 
5
submitted under this section or any other data and infor-
6
mation available to the Secretary. 
7
‘‘(d) CONFIDENTIALITY.—Nothing in this section 
8
shall be construed as authorizing the Secretary to disclose 
9
any information that is a trade secret or confidential infor-
10
mation subject to section 552(b)(4) of title 5, United 
11
States Code, or section 1905 of title 18, United States 
12
Code.’’. 
13
(b) CIVIL MONETARY PENALTY.—Section 303(f) of 
14
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
15
333(f)) is amended by adding at the end the following: 
16
‘‘(10) CIVIL MONETARY PENALTY WITH RESPECT 
17
TO EXTENDED SHELF LIFE DATES FOR ESSENTIAL DE-
18
VICES.—If the manufacturer of a device subject to notifi-
19
cation requirements under section 506J violates section 
20
506K by failing to submit data and information as re-
21
quired under section 506K(b)(1), failing to conduct or 
22
submit the results of studies as required under section 
23
506K(b)(3), or failing to make a labeling change as re-
24
quired under section 506K(c), such manufacturer shall be 
25
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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
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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
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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
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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
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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
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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
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(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
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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
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(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
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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
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‘‘(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
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‘‘(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
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‘‘(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
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HR 6800 PCS
‘‘(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
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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
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‘‘(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
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(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
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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
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(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
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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
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495 
HR 6800 PCS
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
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(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
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‘‘(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
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HR 6800 PCS
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
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(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
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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
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‘‘(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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(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
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(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
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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
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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
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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
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‘‘(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
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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
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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
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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
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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
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(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
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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
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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
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(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
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(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
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(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
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537 
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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
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(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
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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
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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
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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
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542 
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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
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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
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(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
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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
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546 
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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
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(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
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548 
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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
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549 
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(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
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550 
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(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
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551 
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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
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552 
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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
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(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
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(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
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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
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(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
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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
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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
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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
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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
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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
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(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
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(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
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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
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565 
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(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
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566 
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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
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567 
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(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
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568 
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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
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569 
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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
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(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
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571 
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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
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572 
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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
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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
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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
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575 
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(1) PERSONAL
PROTECTIVE
EQUIPMENT.— 
1
Total personal protective equipment inventory, in-
2
cluding, in units, the numbers of N95 masks and 
3
authorized equivalent respirator masks, surgical 
4
masks, exam gloves, face shields, isolation gowns, 
5
and coveralls. 
6
(2) MEDICAL SUPPLY.— 
7
(A) Total ventilator inventory, including, in 
8
units, the number of universal, adult, pediatric, 
9
and infant ventilators. 
10
(B) Total diagnostic and serological test 
11
inventory, including, in units, the number of 
12
test platforms, tests, test kits, reagents, trans-
13
port media, swabs, and other materials or sup-
14
plies determined necessary by the Secretary. 
15
(3) CAPACITY.— 
16
(A) Case count measurements, including 
17
confirmed positive cases and persons under in-
18
vestigation. 
19
(B) Total number of staffed beds, includ-
20
ing medical surgical beds, intensive care beds, 
21
and critical care beds. 
22
(C) Available beds, including medical sur-
23
gical beds, intensive care beds, and critical care 
24
beds. 
25
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(D) Total number of COVID–19 patients 
1
currently utilizing a ventilator. 
2
(E) Average number of days a COVID–19 
3
patient is utilizing a ventilator. 
4
(F) Total number of additionally needed 
5
professionals in each of the following categories: 
6
intensivists, critical care physicians, respiratory 
7
therapists, registered nurses, certified registered 
8
nurse anesthetists, and laboratory personnel. 
9
(G) Total number of hospital personnel 
10
currently not working due to self-isolation fol-
11
lowing a known or presumed COVID–19 expo-
12
sure. 
13
(e) ACCESS TO INFORMATION RELATED TO INVEN-
14
TORY AND CAPACITY.—The Secretary shall ensure that 
15
relevant agencies and officials, including the Centers for 
16
Disease Control and Prevention, the Assistant Secretary 
17
for Preparedness and Response, and the Federal Emer-
18
gency Management Agency, have access to information re-
19
lated to inventory and capacity submitted under this sec-
20
tion. 
21
(f) WEEKLY REPORT TO CONGRESS.—On a weekly 
22
basis, the Secretary shall transmit information related to 
23
inventory and capacity submitted under this section to the 
24
appropriate committees of the House and Senate. 
25
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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
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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
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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
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(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
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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
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(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
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(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
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584 
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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
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(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
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HR 6800 PCS
(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
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HR 6800 PCS
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
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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
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(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
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‘‘(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
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(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
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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
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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
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HR 6800 PCS
(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
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(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
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HR 6800 PCS
(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
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(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
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598 
HR 6800 PCS
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
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599 
HR 6800 PCS
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
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HR 6800 PCS
(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
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601 
HR 6800 PCS
(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
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602 
HR 6800 PCS
(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
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603 
HR 6800 PCS
(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
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604 
HR 6800 PCS
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
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605 
HR 6800 PCS
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
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606 
HR 6800 PCS
(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
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607 
HR 6800 PCS
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
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608 
HR 6800 PCS
(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
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609 
HR 6800 PCS
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
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610 
HR 6800 PCS
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
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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
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‘‘(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
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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
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‘‘(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
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(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
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(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
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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
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‘‘(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
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‘‘(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
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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
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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
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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
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‘‘(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
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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
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(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
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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
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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
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(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
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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
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(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
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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
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(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
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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
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‘‘(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
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(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
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(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
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637 
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‘‘(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
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638 
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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
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‘‘(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
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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
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641 
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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
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(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
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(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
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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
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‘‘(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
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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
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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
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648 
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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
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‘‘(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
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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
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651 
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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
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‘‘(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
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653 
HR 6800 PCS
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
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654 
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‘‘(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
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HR 6800 PCS
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
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‘‘(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
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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
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‘‘(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
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‘‘(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
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‘‘(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
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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
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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
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663 
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‘‘(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
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‘‘(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
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665 
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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
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666 
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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
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667 
HR 6800 PCS
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
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668 
HR 6800 PCS
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
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669 
HR 6800 PCS
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
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670 
HR 6800 PCS
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
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671 
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(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
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672 
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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
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673 
HR 6800 PCS
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
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674 
HR 6800 PCS
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
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675 
HR 6800 PCS
‘‘(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
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676 
HR 6800 PCS
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
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677 
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(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
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678 
HR 6800 PCS
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
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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
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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
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SEC. 40303. EMPLOYEE CERTIFICATION AS TO ELIGIBILITY 
1
FOR INCREASED CARES ACT LOAN LIMITS 
2
FROM EMPLOYER PLAN. 
3
(a) 
IN
GENERAL.—Section 
2202(b) 
of 
the 
4
Coronavirus Aid, Relief, and Economic Security Act is 
5
amended by adding at the end the following new para-
6
graph: 
7
‘‘(4) EMPLOYEE CERTIFICATION.—The admin-
8
istrator of a qualified employer plan may rely on an 
9
employee’s certification that the requirements of 
10
subsection (a)(4)(A)(ii) are satisfied in determining 
11
whether the employee is a qualified individual for 
12
purposes of this subsection.’’. 
13
(b) EFFECTIVE DATE.—The amendment made by 
14
this section shall take effect as if included in the enact-
15
ment of section 2202(b) of the Coronavirus Aid, Relief, 
16
and Economic Security Act. 
17
SEC. 40304. EXCLUSION OF BENEFITS PROVIDED TO VOL-
18
UNTEER FIREFIGHTERS AND EMERGENCY 
19
MEDICAL RESPONDERS MADE PERMANENT. 
20
(a) IN GENERAL.—Section 139B of the Internal Rev-
21
enue Code of 1986 is amended by striking subsection (d). 
22
(b) EFFECTIVE DATE.—The amendment made by 
23
this section shall apply to taxable years beginning after 
24
December 31, 2020. 
25
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SEC. 40305. APPLICATION OF SPECIAL RULES TO MONEY 
1
PURCHASE PENSION PLANS. 
2
Section 2202(a)(6)(B) of the Coronavirus Aid, Relief, 
3
and Economic Security Act is amended by inserting ‘‘, 
4
and, in the case of a money purchase pension plan, a 
5
coronavirus-related distribution which is an in-service 
6
withdrawal shall be treated as meeting the distribution 
7
rules of section 401(a) of such Code’’ before the period. 
8
SEC. 40306. GRANTS TO ASSIST LOW-INCOME WOMEN AND 
9
SURVIVORS OF DOMESTIC VIOLENCE IN OB-
10
TAINING QUALIFIED DOMESTIC RELATIONS 
11
ORDERS. 
12
(a) AUTHORIZATION OF GRANT AWARDS.—The Sec-
13
retary of Labor, acting through the Director of the Wom-
14
en’s Bureau and in conjunction with the Assistant Sec-
15
retary of the Employee Benefits Security Administration, 
16
shall award grants, on a competitive basis, to eligible enti-
17
ties to enable such entities to assist low-income women 
18
and survivors of domestic violence in obtaining qualified 
19
domestic relations orders and ensuring that those women 
20
actually obtain the benefits to which they are entitled 
21
through those orders. 
22
(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
23
tion, the term ‘‘eligible entity’’ means a community-based 
24
organization with proven experience and expertise in serv-
25
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683 
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ing women and the financial and retirement needs of 
1
women. 
2
(c) APPLICATION.—An eligible entity that desires to 
3
receive a grant under this section shall submit an applica-
4
tion to the Secretary of Labor at such time, in such man-
5
ner, and accompanied by such information as the Sec-
6
retary of Labor may require. 
7
(d) MINIMUM GRANT AMOUNT.—The Secretary of 
8
Labor shall award grants under this section in amounts 
9
of not less than $250,000. 
10
(e) USE OF FUNDS.—An eligible entity that receives 
11
a grant under this section shall use the grant funds to 
12
develop programs to offer help to low-income women or 
13
survivors of domestic violence who need assistance in pre-
14
paring, obtaining, and effectuating a qualified domestic re-
15
lations order. 
16
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
17
authorized to be appropriated to carry out this section 
18
$100,000,000 for fiscal year 2020 and each succeeding 
19
fiscal year. 
20
SEC. 40307. MODIFICATION OF SPECIAL RULES FOR MIN-
21
IMUM FUNDING STANDARDS FOR COMMU-
22
NITY NEWSPAPER PLANS. 
23
(a) AMENDMENT TO INTERNAL REVENUE CODE OF 
24
1986.—Subsection (m) of section 430 of the Internal Rev-
25
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684 
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enue Code of 1986, as added by the Setting Every Com-
1
munity Up for Retirement Enhancement Act of 2019, is 
2
amended to read as follows: 
3
‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER 
4
PLANS.— 
5
‘‘(1) IN GENERAL.—An eligible newspaper plan 
6
sponsor of a plan under which no participant has 
7
had the participant’s accrued benefit increased 
8
(whether because of service or compensation) after 
9
April 2, 2019, may elect to have the alternative 
10
standards described in paragraph (4) apply to such 
11
plan. 
12
‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 
13
The term ‘eligible newspaper plan sponsor’ means 
14
the plan sponsor of— 
15
‘‘(A) any community newspaper plan, or 
16
‘‘(B) any other plan sponsored, as of April 
17
2, 2019, by a member of the same controlled 
18
group of a plan sponsor of a community news-
19
paper plan if such member is in the trade or 
20
business of publishing 1 or more newspapers. 
21
‘‘(3) ELECTION.—An election under paragraph 
22
(1) shall be made at such time and in such manner 
23
as prescribed by the Secretary. Such election, once 
24
made with respect to a plan year, shall apply to all 
25
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685 
HR 6800 PCS
subsequent plan years unless revoked with the con-
1
sent of the Secretary. 
2
‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND-
3
ARDS.—The alternative standards described in this 
4
paragraph are the following: 
5
‘‘(A) INTEREST RATES.— 
6
‘‘(i) IN
GENERAL.—Notwithstanding 
7
subsection (h)(2)(C) and except as pro-
8
vided in clause (ii), the first, second, and 
9
third segment rates in effect for any 
10
month for purposes of this section shall be 
11
8 percent. 
12
‘‘(ii) NEW BENEFIT ACCRUALS.—Not-
13
withstanding subsection (h)(2), for pur-
14
poses of determining the funding target 
15
and normal cost of a plan for any plan 
16
year, the present value of any benefits ac-
17
crued or earned under the plan for a plan 
18
year with respect to which an election 
19
under paragraph (1) is in effect shall be 
20
determined on the basis of the United 
21
States Treasury obligation yield curve for 
22
the day that is the valuation date of such 
23
plan for such plan year. 
24
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‘‘(iii) UNITED STATES TREASURY OB-
1
LIGATION YIELD CURVE.—For purposes of 
2
this subsection, the term ‘United States 
3
Treasury obligation yield curve’ means, 
4
with respect to any day, a yield curve 
5
which shall be prescribed by the Secretary 
6
for such day on interest-bearing obligations 
7
of the United States. 
8
‘‘(B) SHORTFALL AMORTIZATION BASE.— 
9
‘‘(i) PREVIOUS SHORTFALL AMORTIZA-
10
TION
BASES.—The shortfall amortization 
11
bases determined under subsection (c)(3) 
12
for all plan years preceding the first plan 
13
year to which the election under paragraph 
14
(1) applies (and all shortfall amortization 
15
installments determined with respect to 
16
such bases) shall be reduced to zero under 
17
rules similar to the rules of subsection 
18
(c)(6). 
19
‘‘(ii) NEW SHORTFALL AMORTIZATION 
20
BASE.—Notwithstanding subsection (c)(3), 
21
the shortfall amortization base for the first 
22
plan year to which the election under para-
23
graph (1) applies shall be the funding 
24
shortfall of such plan for such plan year 
25
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687 
HR 6800 PCS
(determined using the interest rates as 
1
modified under subparagraph (A)). 
2
‘‘(C) DETERMINATION OF SHORTFALL AM-
3
ORTIZATION INSTALLMENTS.— 
4
‘‘(i) 
30-YEAR
PERIOD.—Subpara-
5
graphs (A) and (B) of subsection (c)(2) 
6
shall be applied by substituting ‘30-plan- 
7
year’ for ‘7-plan-year’ each place it ap-
8
pears. 
9
‘‘(ii) NO
SPECIAL
ELECTION.—The 
10
election under subparagraph (D) of sub-
11
section (c)(2) shall not apply to any plan 
12
year to which the election under paragraph 
13
(1) applies. 
14
‘‘(D) EXEMPTION FROM AT-RISK TREAT-
15
MENT.—Subsection (i) shall not apply. 
16
‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur-
17
poses of this subsection— 
18
‘‘(A) IN GENERAL.—The term ‘community 
19
newspaper plan’ means any plan to which this 
20
section applies maintained as of December 31, 
21
2018, by an employer which— 
22
‘‘(i) maintains the plan on behalf of 
23
participants and beneficiaries with respect 
24
to employment in the trade or business of 
25
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688 
HR 6800 PCS
publishing 1 or more newspapers which 
1
were published by the employer at any 
2
time during the 11-year period ending on 
3
the date of the enactment of this sub-
4
section, 
5
‘‘(ii)(I) is not a company the stock of 
6
which is publicly traded (on a stock ex-
7
change or in an over-the-counter market), 
8
and is not controlled, directly or indirectly, 
9
by such a company, or 
10
‘‘(II) is controlled, directly or indi-
11
rectly, during the entire 30-year period 
12
ending on the date of the enactment of this 
13
subsection by individuals who are members 
14
of the same family, and does not publish or 
15
distribute a daily newspaper that is car-
16
rier-distributed in printed form in more 
17
than 5 States, and 
18
‘‘(iii) is controlled, directly or indi-
19
rectly— 
20
‘‘(I) by 1 or more persons resid-
21
ing primarily in a State in which the 
22
community newspaper has been pub-
23
lished on newsprint or carrier-distrib-
24
uted, 
25
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689 
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‘‘(II) during the entire 30-year 
1
period ending on the date of the en-
2
actment of this subsection by individ-
3
uals who are members of the same 
4
family, 
5
‘‘(III) by 1 or more trusts, the 
6
sole trustees of which are persons de-
7
scribed in subclause (I) or (II), or 
8
‘‘(IV) by a combination of per-
9
sons described in subclause (I), (II), 
10
or (III). 
11
‘‘(B) NEWSPAPER.—The term ‘newspaper’ 
12
does not include any newspaper (determined 
13
without regard to this subparagraph) to which 
14
any of the following apply: 
15
‘‘(i) Is not in general circulation. 
16
‘‘(ii) Is published (on newsprint or 
17
electronically) less frequently than 3 times 
18
per week. 
19
‘‘(iii) Has not ever been regularly 
20
published on newsprint. 
21
‘‘(iv) Does not have a bona fide list of 
22
paid subscribers. 
23
‘‘(C) CONTROL.—A person shall be treated 
24
as controlled by another person if such other 
25
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690 
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person possesses, directly or indirectly, the 
1
power to direct or cause the direction and man-
2
agement of such person (including the power to 
3
elect a majority of the members of the board of 
4
directors of such person) through the ownership 
5
of voting securities. 
6
‘‘(6) CONTROLLED
GROUP.—For purposes of 
7
this subsection, the term ‘controlled group’ means all 
8
persons treated as a single employer under sub-
9
section (b), (c), (m), or (o) of section 414 as of the 
10
date of the enactment of this subsection.’’. 
11
(b) AMENDMENT TO EMPLOYEE RETIREMENT IN-
12
COME SECURITY ACT OF 1974.—Subsection (m) of section 
13
303 of the Employee Retirement Income Security Act of 
14
1974 (29 U.S.C. 1083(m)), as added by the Setting Every 
15
Community Up for Retirement Enhancement Act of 2019, 
16
is amended to read as follows: 
17
‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER 
18
PLANS.— 
19
‘‘(1) IN GENERAL.—An eligible newspaper plan 
20
sponsor of a plan under which no participant has 
21
had the participant’s accrued benefit increased 
22
(whether because of service or compensation) after 
23
April 2, 2019, may elect to have the alternative 
24
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691 
HR 6800 PCS
standards described in paragraph (4) apply to such 
1
plan. 
2
‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 
3
The term ‘eligible newspaper plan sponsor’ means 
4
the plan sponsor of— 
5
‘‘(A) any community newspaper plan, or 
6
‘‘(B) any other plan sponsored, as of April 
7
2, 2019, by a member of the same controlled 
8
group of a plan sponsor of a community news-
9
paper plan if such member is in the trade or 
10
business of publishing 1 or more newspapers. 
11
‘‘(3) ELECTION.—An election under paragraph 
12
(1) shall be made at such time and in such manner 
13
as prescribed by the Secretary of the Treasury. Such 
14
election, once made with respect to a plan year, shall 
15
apply to all subsequent plan years unless revoked 
16
with the consent of the Secretary of the Treasury. 
17
‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND-
18
ARDS.—The alternative standards described in this 
19
paragraph are the following: 
20
‘‘(A) INTEREST RATES.— 
21
‘‘(i) IN
GENERAL.—Notwithstanding 
22
subsection (h)(2)(C) and except as pro-
23
vided in clause (ii), the first, second, and 
24
third segment rates in effect for any 
25
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692 
HR 6800 PCS
month for purposes of this section shall be 
1
8 percent. 
2
‘‘(ii) NEW BENEFIT ACCRUALS.—Not-
3
withstanding subsection (h)(2), for pur-
4
poses of determining the funding target 
5
and normal cost of a plan for any plan 
6
year, the present value of any benefits ac-
7
crued or earned under the plan for a plan 
8
year with respect to which an election 
9
under paragraph (1) is in effect shall be 
10
determined on the basis of the United 
11
States Treasury obligation yield curve for 
12
the day that is the valuation date of such 
13
plan for such plan year. 
14
‘‘(iii) UNITED STATES TREASURY OB-
15
LIGATION YIELD CURVE.—For purposes of 
16
this subsection, the term ‘United States 
17
Treasury obligation yield curve’ means, 
18
with respect to any day, a yield curve 
19
which shall be prescribed by the Secretary 
20
of the Treasury for such day on interest- 
21
bearing obligations of the United States. 
22
‘‘(B) SHORTFALL AMORTIZATION BASE.— 
23
‘‘(i) PREVIOUS SHORTFALL AMORTIZA-
24
TION
BASES.—The shortfall amortization 
25
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693 
HR 6800 PCS
bases determined under subsection (c)(3) 
1
for all plan years preceding the first plan 
2
year to which the election under paragraph 
3
(1) applies (and all shortfall amortization 
4
installments determined with respect to 
5
such bases) shall be reduced to zero under 
6
rules similar to the rules of subsection 
7
(c)(6). 
8
‘‘(ii) NEW SHORTFALL AMORTIZATION 
9
BASE.—Notwithstanding subsection (c)(3), 
10
the shortfall amortization base for the first 
11
plan year to which the election under para-
12
graph (1) applies shall be the funding 
13
shortfall of such plan for such plan year 
14
(determined using the interest rates as 
15
modified under subparagraph (A)). 
16
‘‘(C) DETERMINATION OF SHORTFALL AM-
17
ORTIZATION INSTALLMENTS.— 
18
‘‘(i) 
30-YEAR
PERIOD.—Subpara-
19
graphs (A) and (B) of subsection (c)(2) 
20
shall be applied by substituting ‘30-plan- 
21
year’ for ‘7-plan-year’ each place it ap-
22
pears. 
23
‘‘(ii) NO
SPECIAL
ELECTION.—The 
24
election under subparagraph (D) of sub-
25
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694 
HR 6800 PCS
section (c)(2) shall not apply to any plan 
1
year to which the election under paragraph 
2
(1) applies. 
3
‘‘(D) EXEMPTION FROM AT-RISK TREAT-
4
MENT.—Subsection (i) shall not apply. 
5
‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur-
6
poses of this subsection— 
7
‘‘(A) IN GENERAL.—The term ‘community 
8
newspaper plan’ means a plan to which this sec-
9
tion applies maintained as of December 31, 
10
2018, by an employer which— 
11
‘‘(i) maintains the plan on behalf of 
12
participants and beneficiaries with respect 
13
to employment in the trade or business of 
14
publishing 1 or more newspapers which 
15
were published by the employer at any 
16
time during the 11-year period ending on 
17
the date of the enactment of this sub-
18
section, 
19
‘‘(ii)(I) is not a company the stock of 
20
which is publicly traded (on a stock ex-
21
change or in an over-the-counter market), 
22
and is not controlled, directly or indirectly, 
23
by such a company, or 
24
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695 
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‘‘(II) is controlled, directly, or indi-
1
rectly, during the entire 30-year period 
2
ending on the date of the enactment of this 
3
subsection by individuals who are members 
4
of the same family, and does not publish or 
5
distribute a daily newspaper that is car-
6
rier-distributed in printed form in more 
7
than 5 States, and 
8
‘‘(iii) is controlled, directly, or indi-
9
rectly— 
10
‘‘(I) by 1 or more persons resid-
11
ing primarily in a State in which the 
12
community newspaper has been pub-
13
lished on newsprint or carrier-distrib-
14
uted, 
15
‘‘(II) during the entire 30-year 
16
period ending on the date of the en-
17
actment of this subsection by individ-
18
uals who are members of the same 
19
family, 
20
‘‘(III) by 1 or more trusts, the 
21
sole trustees of which are persons de-
22
scribed in subclause (I) or (II), or 
23
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‘‘(IV) by a combination of per-
1
sons described in subclause (I), (II), 
2
or (III). 
3
‘‘(B) NEWSPAPER.—The term ‘newspaper’ 
4
does not include any newspaper (determined 
5
without regard to this subparagraph) to which 
6
any of the following apply: 
7
‘‘(i) Is not in general circulation. 
8
‘‘(ii) Is published (on newsprint or 
9
electronically) less frequently than 3 times 
10
per week. 
11
‘‘(iii) Has not ever been regularly 
12
published on newsprint. 
13
‘‘(iv) Does not have a bona fide list of 
14
paid subscribers. 
15
‘‘(C) CONTROL.—A person shall be treated 
16
as controlled by another person if such other 
17
person possesses, directly or indirectly, the 
18
power to direct or cause the direction and man-
19
agement of such person (including the power to 
20
elect a majority of the members of the board of 
21
directors of such person) through the ownership 
22
of voting securities. 
23
‘‘(6) CONTROLLED
GROUP.—For purposes of 
24
this subsection, the term ‘controlled group’ means all 
25
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697 
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persons treated as a single employer under sub-
1
section (b), (c), (m), or (o) of section 414 of the In-
2
ternal Revenue Code of 1986 as of the date of the 
3
enactment of this subsection. 
4
‘‘(7) EFFECT
ON
PREMIUM
RATE
CALCULA-
5
TION.—Notwithstanding any other provision of law 
6
or any regulation issued by the Pension Benefit 
7
Guaranty Corporation, in the case of a plan for 
8
which an election is made to apply the alternative 
9
standards described in paragraph (3), the additional 
10
premium under section 4006(a)(3)(E) shall be deter-
11
mined as if such election had not been made.’’. 
12
(c) EFFECTIVE DATE.—The amendments made by 
13
this section shall apply to plan years ending after Decem-
14
ber 31, 2017. 
15
SEC. 40308. MINIMUM RATE OF INTEREST FOR CERTAIN DE-
16
TERMINATIONS RELATED TO LIFE INSUR-
17
ANCE CONTRACTS. 
18
(a) MODIFICATION OF MINIMUM RATE FOR PUR-
19
POSES OF CASH VALUE ACCUMULATION TEST.— 
20
(1) IN GENERAL.—Section 7702(b)(2)(A) of the 
21
Internal Revenue Code of 1986 is amended by strik-
22
ing ‘‘an annual effective rate of 4 percent’’ and in-
23
serting ‘‘the applicable accumulation test minimum 
24
rate’’. 
25
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698 
HR 6800 PCS
(2) APPLICABLE
ACCUMULATION
TEST
MIN-
1
IMUM
RATE.—Section 7702(b) of such Code is 
2
amended by adding at the end the following new 
3
paragraph: 
4
‘‘(3) APPLICABLE
ACCUMULATION
TEST
MIN-
5
IMUM RATE.—For purposes of paragraph (2)(A), the 
6
term ‘applicable accumulation test minimum rate’ 
7
means the lesser of— 
8
‘‘(A) an annual effective rate of 4 percent, 
9
or 
10
‘‘(B) the insurance interest rate (as de-
11
fined in subsection (f)(11)) in effect at the time 
12
the contract is issued.’’. 
13
(b) MODIFICATION OF MINIMUM RATE FOR PUR-
14
POSES OF GUIDELINE PREMIUM REQUIREMENTS.— 
15
(1) IN GENERAL.—Section 7702(c)(3)(B)(iii) of 
16
such Code is amended by striking ‘‘an annual effec-
17
tive rate of 6 percent’’ and inserting ‘‘the applicable 
18
guideline premium minimum rate’’. 
19
(2) APPLICABLE
GUIDELINE
PREMIUM
MIN-
20
IMUM RATE.—Section 7702(c)(3) of such Code is 
21
amended by adding at the end the following new 
22
subparagraph: 
23
‘‘(E) APPLICABLE
GUIDELINE
PREMIUM 
24
MINIMUM
RATE.—For purposes of subpara-
25
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699 
HR 6800 PCS
graph (B)(iii), the term ‘applicable guideline 
1
premium minimum rate’ means the applicable 
2
accumulation test minimum rate (as defined in 
3
subsection (b)(3)) plus 2 percentage points.’’. 
4
(c) APPLICATION OF MODIFIED MINIMUM RATES TO 
5
DETERMINATION OF GUIDELINE LEVEL PREMIUM.—Sec-
6
tion 7702(c)(4) of such Code is amended— 
7
(1) by striking ‘‘4 percent’’ and inserting ‘‘the 
8
applicable accumulation test minimum rate’’, and 
9
(2) by striking ‘‘6 percent’’ and inserting ‘‘the 
10
applicable guideline premium minimum rate’’. 
11
(d) INSURANCE INTEREST RATE.—Section 7702(f) 
12
of such Code is amended by adding at the end the fol-
13
lowing new paragraph: 
14
‘‘(11) INSURANCE INTEREST RATE.—For pur-
15
poses of this section— 
16
‘‘(A) IN GENERAL.—The term ‘insurance 
17
interest rate’ means, with respect to any con-
18
tract issued in any calendar year, the lesser 
19
of— 
20
‘‘(i) the section 7702 valuation inter-
21
est rate for such calendar year (or, if such 
22
calendar year is not an adjustment year, 
23
the most recent adjustment year), or 
24
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700 
HR 6800 PCS
‘‘(ii) the section 7702 applicable Fed-
1
eral interest rate for such calendar year 
2
(or, if such calendar year is not an adjust-
3
ment year, the most recent adjustment 
4
year). 
5
‘‘(B) SECTION 7702 VALUATION INTEREST 
6
RATE.—The term ‘section 7702 valuation inter-
7
est rate’ means, with respect to any adjustment 
8
year, the prescribed U.S. valuation interest rate 
9
for life insurance with guaranteed durations of 
10
more than 20 years (as defined in the National 
11
Association of Insurance Commissioners’ Stand-
12
ard Valuation Law) as effective in the calendar 
13
year immediately preceding such adjustment 
14
year. 
15
‘‘(C) SECTION 7702 APPLICABLE FEDERAL 
16
INTEREST RATE.—The term ‘section 7702 ap-
17
plicable Federal interest rate’ means, with re-
18
spect to any adjustment year, the average 
19
(rounded to the nearest whole percentage point) 
20
of the applicable Federal mid-term rates (as de-
21
fined in section 1274(d) but based on annual 
22
compounding) effective as of the beginning of 
23
each of the calendar months in the most recent 
24
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701 
HR 6800 PCS
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
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702 
HR 6800 PCS
DIVISION 
E—CONTINUED 
AS-
1
SISTANCE TO UNEMPLOYED 
2
WORKERS 
3
SEC. 50001. EXTENSION OF FEDERAL PANDEMIC UNEM-
4
PLOYMENT COMPENSATION. 
5
(a) IN GENERAL.—Section 2104(e) of the CARES 
6
Act (Public Law 116–136) is amended to read as follows: 
7
‘‘(e) APPLICABILITY.— 
8
‘‘(1) IN GENERAL.—An agreement entered into 
9
under this section shall apply to weeks of unemploy-
10
ment— 
11
‘‘(A) beginning after the date on which 
12
such agreement is entered into; and 
13
‘‘(B) ending on or before January 31, 
14
2021. 
15
‘‘(2) TRANSITION RULE FOR INDIVIDUALS RE-
16
MAINING ENTITLED TO REGULAR COMPENSATION AS 
17
OF JANUARY 31, 2021.—In the case of any individual 
18
who, as of the date specified in paragraph (1)(B), 
19
has not yet exhausted all rights to regular com-
20
pensation under the State law of a State with re-
21
spect to a benefit year that began before such date, 
22
Federal Pandemic Unemployment Compensation 
23
shall continue to be payable to such individual for 
24
any week beginning on or after such date for which 
25
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703 
HR 6800 PCS
the individual is otherwise eligible for regular com-
1
pensation with respect to such benefit year. 
2
‘‘(3) 
TERMINATION.—Notwithstanding 
any 
3
other provision of this subsection, no Federal Pan-
4
demic Unemployment Compensation shall be payable 
5
for any week beginning after March 31, 2021.’’. 
6
(b) LIMITATION ON APPLICATION OF TRANSITION 
7
RULE.—Section 2104(g) of such Act is amended by in-
8
serting ‘‘(except for subsection (e)(2))’’ after ‘‘the pre-
9
ceding provisions of this section’’. 
10
(c) DISREGARD OF FEDERAL PANDEMIC UNEMPLOY-
11
MENT COMPENSATION FOR CERTAIN PURPOSES.—Section 
12
2104(h) of such Act is amended to read as follows: 
13
‘‘(h) DISREGARD OF FEDERAL PANDEMIC UNEM-
14
PLOYMENT COMPENSATION FOR PURPOSES OF ALL FED-
15
ERAL AND FEDERALLY ASSISTED PROGRAMS.—A Federal 
16
Pandemic Unemployment Compensation payment shall 
17
not be regarded as income and shall not be regarded as 
18
a resource for the month of receipt and the following 9 
19
months, for purposes of determining the eligibility of the 
20
recipient (or the recipient’s spouse or family) for benefits 
21
or assistance, or the amount or extent of benefits or assist-
22
ance, under any Federal program or under any State or 
23
local program financed in whole or in part with Federal 
24
funds.’’. 
25
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704 
HR 6800 PCS
SEC. 50002. EXTENSION AND BENEFIT PHASEOUT RULE 
1
FOR 
PANDEMIC 
UNEMPLOYMENT 
ASSIST-
2
ANCE. 
3
Section 2102(c) of the CARES Act (Public Law 116– 
4
136) is amended— 
5
(1) in paragraph (1)— 
6
(A) by striking ‘‘paragraph (2)’’ and in-
7
serting ‘‘paragraphs (2) and (3)’’; and 
8
(B) in subparagraph (A)(ii), by striking 
9
‘‘December 31, 2020’’ and inserting ‘‘January 
10
31, 2021’’; and 
11
(2) by redesignating paragraph (3) as para-
12
graph (4); and 
13
(3) by inserting after paragraph (2) the fol-
14
lowing: 
15
‘‘(3) TRANSITION RULE FOR INDIVIDUALS RE-
16
MAINING ENTITLED TO PANDEMIC UNEMPLOYMENT 
17
ASSISTANCE AS OF JANUARY 31, 2021.— 
18
‘‘(A) IN GENERAL.—In the case of any in-
19
dividual who, as of the date specified in para-
20
graph (1)(A)(ii), is receiving Pandemic Unem-
21
ployment Assistance but has not yet exhausted 
22
all rights to such assistance under this section, 
23
Pandemic Unemployment Assistance shall con-
24
tinue to be payable to such individual for any 
25
week beginning on or after such date for which 
26
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705 
HR 6800 PCS
the individual is otherwise eligible for Pandemic 
1
Unemployment Assistance. 
2
‘‘(B) 
TERMINATION.—Notwithstanding 
3
any other provision of this subsection, no Pan-
4
demic Unemployment Assistance shall be pay-
5
able for any week beginning after March 31, 
6
2021.’’. 
7
SEC. 50003. EXTENSION AND BENEFIT PHASEOUT RULE 
8
FOR 
PANDEMIC 
EMERGENCY 
UNEMPLOY-
9
MENT COMPENSATION. 
10
Section 2107(g) of the CARES Act (Public Law 116– 
11
136) is amended to read as follows: 
12
‘‘(g) APPLICABILITY.— 
13
‘‘(1) IN GENERAL.—An agreement entered into 
14
under this section shall apply to weeks of unemploy-
15
ment— 
16
‘‘(A) beginning after the date on which 
17
such agreement is entered into; and 
18
‘‘(B) ending on or before January 31, 
19
2021. 
20
‘‘(2) TRANSITION RULE FOR INDIVIDUALS RE-
21
MAINING ENTITLED TO PANDEMIC EMERGENCY UN-
22
EMPLOYMENT COMPENSATION AS OF JANUARY 31, 
23
2021.—In the case of any individual who, as of the 
24
date specified in paragraph (1)(A)(ii), is receiving 
25
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706 
HR 6800 PCS
Pandemic Emergency Unemployment Compensation 
1
but has not yet exhausted all rights to such assist-
2
ance under this section, Pandemic Emergency Un-
3
employment Compensation shall continue to be pay-
4
able to such individual for any week beginning on or 
5
after such date for which the individual is otherwise 
6
eligible for Pandemic Emergency Unemployment 
7
Compensation. 
8
‘‘(3) 
TERMINATION.—Notwithstanding 
any 
9
other provision of this subsection, no Pandemic 
10
Emergency Unemployment Compensation shall be 
11
payable for any week beginning after March 31, 
12
2021.’’. 
13
SEC. 50004. EXTENSION OF FULL FEDERAL FUNDING OF 
14
THE FIRST WEEK OF COMPENSABLE REG-
15
ULAR UNEMPLOYMENT FOR STATES WITH NO 
16
WAITING WEEK. 
17
Section 2105(e)(2) of the CARES Act (Public Law 
18
116–136) is amended by striking ‘‘December 31, 2020’’ 
19
and inserting ‘‘January 31, 2021’’. 
20
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707 
HR 6800 PCS
SEC. 50005. EXTENSION OF EMERGENCY RELIEF AND TECH-
1
NICAL CORRECTIONS FOR GOVERNMENTAL 
2
ENTITIES AND NONPROFIT ORGANIZATIONS. 
3
Section 903(i)(1) of the Social Security Act, as added 
4
by section 2103 of the CARES Act (Public Law 116–136), 
5
is amended— 
6
(1) in subparagraph (A), by striking ‘‘during 
7
the applicable period’’ and inserting ‘‘with respect to 
8
the applicable period’’; 
9
(2) in subparagraph (B), by striking ‘‘section 
10
3309(a)(1)’’ and inserting ‘‘section 3309(a)’’; 
11
(3) in subparagraph (C), by striking ‘‘shall be 
12
used exclusively’’ and all that follows through the 
13
end and inserting ‘‘shall be used exclusively to re-
14
duce the amounts required to be paid in lieu of con-
15
tributions into the State unemployment fund pursu-
16
ant to such section by governmental entities and 
17
other organizations described in section 3309(a) of 
18
such Code’’; and 
19
(4) in subparagraph (D), by striking ‘‘Decem-
20
ber 31, 2020’’ and inserting ‘‘January 31, 2021’’. 
21
SEC. 50006. REDUCTION OF STATE ADMINISTRATIVE BUR-
22
DEN IN DETERMINATION OF AMOUNT OF 
23
PANDEMIC UNEMPLOYMENT ASSISTANCE. 
24
Section 2102(d) of the CARES Act (Public Law 116– 
25
136) is amended by adding at the end the following: 
26
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708 
HR 6800 PCS
‘‘(4) STATE FLEXIBILITY IN ESTABLISHING IN-
1
COME.—In determining the income of an individual 
2
for purposes of an application for assistance author-
3
ized under subsection (b), a State may rely on such 
4
wage and self-employment data as the State may 
5
elect, including any applicable data with respect to 
6
an individual’s electronically mediated employment.’’. 
7
SEC. 50007. EXTENSION OF TEMPORARY ASSISTANCE FOR 
8
STATES WITH ADVANCES. 
9
Section 1202(b)(10)(A) of the Social Security Act 
10
(42 U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘De-
11
cember 31, 2020’’ and inserting ‘‘June 30, 2021’’. 
12
SEC. 50008. EXTENSION OF FULL FEDERAL FUNDING OF EX-
13
TENDED UNEMPLOYMENT COMPENSATION. 
14
Section 4105 of the Families First Coronavirus Re-
15
sponse Act (Public Law 116–127) is amended by striking 
16
‘‘December 31, 2020’’ each place it appears and inserting 
17
‘‘June 30, 2021’’. 
18
SEC. 50009. EXTENSION OF TEMPORARY FINANCING OF 
19
SHORT-TIME COMPENSATION PAYMENTS IN 
20
STATES WITH PROGRAMS IN LAW. 
21
Section 2108(b)(2) of the CARES Act (Public Law 
22
116–136) is amended by striking ‘‘December 31, 2020’’ 
23
and inserting ‘‘January 31, 2021’’. 
24
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709 
HR 6800 PCS
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
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710 
HR 6800 PCS
(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
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711 
HR 6800 PCS
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
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712 
HR 6800 PCS
‘‘(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
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‘‘(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
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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
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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
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SEC. 60103. ANIMAL DISEASE PREVENTION AND MANAGE-
1
MENT RESPONSE. 
2
Out of any amounts in the Treasury not otherwise 
3
appropriated, there is appropriated to carry out section 
4
10409A of the Animal Health Protection Act (7 U.S.C. 
5
8308A) $300,000,000, to remain available until expended. 
6
TITLE II—DAIRY 
7
SEC. 60201. DAIRY DIRECT DONATION PROGRAM. 
8
(a) DEFINITIONS.—In this section: 
9
(1) ELIGIBLE DAIRY ORGANIZATION.—The term 
10
‘‘eligible dairy organization’’ is defined in section 
11
1431(a) of the Agricultural Act of 2014 (7 U.S.C. 
12
9071(a)). 
13
(2) ELIGIBLE DISTRIBUTOR.—The term ‘‘eligi-
14
ble distributor’’ means a public or private nonprofit 
15
organization that distributes donated eligible dairy 
16
products to recipient individuals and families. 
17
(3) ELIGIBLE
DAIRY
PRODUCTS.—The term 
18
‘‘eligible dairy products’’ means products primarily 
19
made from milk produced and processed within a 
20
Federal Milk Marketing Order. 
21
(4) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi-
22
ble partnership’’ means a partnership between an el-
23
igible dairy organization and an eligible distributor. 
24
(b) ESTABLISHMENT
AND PURPOSES.—Not later 
25
than 45 days after the enactment of this Act, the Sec-
26
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retary shall establish and administer a direct dairy dona-
1
tion program for the purposes of— 
2
(1) facilitating the timely donation of eligible 
3
dairy products and 
4
(2) preventing and minimizing food waste. 
5
(c) DONATION AND DISTRIBUTION PLANS.— 
6
(1) IN GENERAL.—To be eligible to receive re-
7
imbursement under this section, an eligible partner-
8
ship shall submit to the Secretary a donation and 
9
distribution plan that describes the process that the 
10
eligible partnership will use for the donation, proc-
11
essing, transportation, temporary storage, and dis-
12
tribution of eligible dairy products. 
13
(2) REVIEW AND APPROVAL.—No later than 15 
14
business days after receiving a plan described in 
15
paragraph (1), the Secretary shall— 
16
(A) review such plan; and 
17
(B) issue an approval or disapproval of 
18
such plan. 
19
(d) REIMBURSEMENT.— 
20
(1) IN
GENERAL.—On receipt of appropriate 
21
documentation under paragraph (2), the Secretary 
22
shall reimburse an eligible dairy organization at a 
23
rate equal to the current Class I milk price multi-
24
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HR 6800 PCS
plied by the volume of milk required to make the do-
1
nated product. 
2
(2) SPECIAL
CASE.—In the case of donated 
3
Class I products, the Secretary shall reimburse an 
4
eligible dairy organization at a rate equal to the cur-
5
rent Class I milk price plus 5 percent multiplied by 
6
the volume of milk required to make the donated 
7
Class I product. 
8
(3) DOCUMENTATION.— 
9
(A) IN GENERAL.—An eligible dairy orga-
10
nization shall submit to the Secretary such doc-
11
umentation as the Secretary may require to 
12
demonstrate the eligible dairy product produc-
13
tion and donation to the eligible distributor. 
14
(B) VERIFICATION.—The Secretary may 
15
verify the accuracy of documentation submitted. 
16
(3) RETROACTIVE
REIMBURSEMENT.—In pro-
17
viding reimbursements under paragraph (1), the 
18
Secretary may provide reimbursements for milk 
19
costs incurred before the date on which the donation 
20
and distribution plan for the applicable participating 
21
partnership was approved by the Secretary. 
22
(e) PROHIBITION ON RESALE OF PRODUCTS.— 
23
(1) IN GENERAL.—An eligible distributor that 
24
receives eligible dairy products donated under this 
25
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section may not sell the products into commercial 
1
markets. 
2
(2) PROHIBITION
ON
FUTURE
PARTICIPA-
3
TION.—An eligible distributor that the Secretary de-
4
termines has violated paragraph (1) shall not be eli-
5
gible for any future participation in the program es-
6
tablished under this section. 
7
(f) REVIEWS.—The Secretary shall conduct appro-
8
priate reviews or audits to ensure the integrity of the pro-
9
gram established under this section. 
10
(g) PUBLICATION
OF DONATION ACTIVITY.—The 
11
Secretary, acting through the Agricultural Marketing 
12
Service, shall publish on the publicly accessible website of 
13
such agency periodic reports containing donation activity 
14
under this section. 
15
(h) SUPPLEMENTAL REIMBURSEMENTS.— 
16
(1) IN GENERAL.—The Secretary may make a 
17
supplemental reimbursement to an eligible dairy or-
18
ganization for an approved donation and distribution 
19
plan in accordance with the milk donation program 
20
established under section 1431 of the Agricultural 
21
Act of 2014 (7 U.S.C. 9071). 
22
(2) REIMBURSEMENT
CALCULATION.—A sup-
23
plemental reimbursement described in paragraph (1) 
24
shall be equal to the value of— 
25
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(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
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(A) is located in the United States; and 
1
(B) during a calendar year in which such 
2
dairy operation is a participating dairy oper-
3
ation (as defined in section 1401 of the Agricul-
4
tural Act of 2014 (7 U.S.C. 9051)), has a pro-
5
duction history established under the dairy 
6
margin coverage program under section 1405 of 
7
the Agricultural Act of 2014 (7 U.S.C. 9055) 
8
of less than 5 million pounds, as determined in 
9
accordance with subsection (c) of such section 
10
1405. 
11
(2) LIMITATION ON ELIGIBILITY.—An eligible 
12
dairy operation shall only be eligible for payments 
13
under this section during a calendar year in which 
14
such eligible dairy operation is enrolled in the dairy 
15
margin coverage (as defined in section 1401 of the 
16
Agricultural Act of 2014 (7 U.S.C. 9051)). 
17
(c) SUPPLEMENTAL PRODUCTION HISTORY CAL-
18
CULATION.—For purposes of determining the production 
19
history of an eligible dairy operation under this section, 
20
such dairy operation’s production history shall be equal 
21
to— 
22
(1) the production volume of such dairy oper-
23
ation for the 2019 milk marketing year; minus 
24
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HR 6800 PCS
(2) the dairy margin coverage production his-
1
tory of such dairy operation established under sec-
2
tion 1405 of the Agricultural Act of 2014 (7 U.S.C. 
3
9055). 
4
(d) COVERAGE PERCENTAGE.— 
5
(1) IN GENERAL.—For purposes of calculating 
6
payments to be issued under this section during a 
7
calendar year, an eligible dairy operation’s coverage 
8
percentage shall be equal to the coverage percentage 
9
selected by such eligible dairy operation with respect 
10
to such calendar year under section 1406 of the Ag-
11
ricultural Act of 2014 (7 U.S.C. 9056). 
12
(2) 5-MILLION POUND LIMITATION.— 
13
(A) IN GENERAL.—The Secretary shall not 
14
provide supplemental dairy margin coverage on 
15
an eligible dairy operation’s actual production 
16
for a calendar year such that the total covered 
17
production history of such dairy operation ex-
18
ceeds 5 million pounds. 
19
(B) DETERMINATION OF AMOUNT.—In cal-
20
culating the total covered production history of 
21
an eligible dairy operation under subparagraph 
22
(A), the Secretary shall multiply the coverage 
23
percentage selected by such operation under 
24
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section 1406 of the Agricultural Act of 2014 (7 
1
U.S.C. 9056) by the sum of— 
2
(i) the supplemental production his-
3
tory calculated under subsection (c) with 
4
respect to such dairy operation; and 
5
(ii) the dairy margin coverage produc-
6
tion history described in subsection (c)(2) 
7
with respect to such dairy operation. 
8
(e) PREMIUM COST.—The premium cost for an eligi-
9
ble dairy operation under this section for a calendar year 
10
shall be equal to the product of multiplying— 
11
(1) the Tier I premium cost calculated with re-
12
spect to such dairy operation for such year under 
13
section 1407(b) of the Agricultural Act of 2014 (7 
14
12 U.S.C. 9057(b)); by 
15
(2) the production history calculation with re-
16
spect to such dairy operation determined under sub-
17
section (c) (such that total covered production his-
18
tory does not exceed 5 million pounds). 
19
(f) REGULATIONS.—Not later than 45 days after the 
20
date of the enactment of this section, the Secretary shall 
21
issue regulations to carry out this section. 
22
(g) PROHIBITION WITH RESPECT TO DAIRY MARGIN 
23
COVERAGE ENROLLMENT.—The Secretary may not re-
24
open or otherwise provide a special enrollment for dairy 
25
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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
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(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
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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
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‘‘(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
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$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
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SEC. 60304. SUPPORT FOR FARM STRESS PROGRAMS. 
1
(a) IN GENERAL.—The Secretary shall make grants 
2
to State departments of agriculture (or such equivalent 
3
department) to expand or sustain stress assistance pro-
4
grams for individuals who are engaged in farming, ranch-
5
ing, and other agriculture-related occupations, including— 
6
(1) programs that meet the criteria specified in 
7
section 7522(b)(1) of the Food, Conservation, and 
8
Energy Act of 2008 (7 U.S.C. 5936(b)(1)); and 
9
(2) any State initiatives carried out as of the 
10
date of the enactment of this Act that provide stress 
11
assistance for such individuals. 
12
(b) GRANT TIMING AND AMOUNT.—In making grants 
13
under subsection (a), not later than 60 days after the date 
14
of the enactment of this Act and subject to subsection (c), 
15
the Secretary shall— 
16
(1) make awards to States submitting State 
17
plans that meet the criteria specified in paragraph 
18
(1)(A) of such subsection within the time period 
19
specified by the Secretary, in an amount not to ex-
20
ceed, $500,000 for each State; and 
21
(2) of the amounts made available under sub-
22
section (f), allocate among such States, an amount 
23
to be determined by the Secretary. 
24
(c) STATE PLAN.— 
25
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