134 Stat. 281 (Pub. L. 116-136, CARES Act)
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“134 Stat. 281 (Pub. L. 116-136, CARES Act).”
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 281
Public Law 116–136
116th Congress
An Act
To amend the Internal Revenue Code of 1986 to repeal the excise tax on high Mar. 27, 2020
cost employer-sponsored health coverage. [H.R. 748]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, Coronavirus Aid,
Relief, and
SECTION 1. SHORT TITLE. Economic
Security Act.
This Act may be cited as the ‘‘Coronavirus Aid, Relief, and 15 USC 9001
Economic Security Act’’ or the ‘‘CARES Act’’. note.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A—KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE
SYSTEM ENHANCEMENTS, AND ECONOMIC STABILIZATION
TITLE I—KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT
Sec. 1101. Definitions.
Sec. 1102. Paycheck protection program.
Sec. 1103. Entrepreneurial development.
Sec. 1104. State trade expansion program.
Sec. 1105. Waiver of matching funds requirement under the women’s business cen-
ter program.
Sec. 1106. Loan forgiveness.
Sec. 1107. Direct appropriations.
Sec. 1108. Minority business development agency.
Sec. 1109. United States Treasury Program Management Authority.
Sec. 1110. Emergency EIDL grants.
Sec. 1111. Resources and services in languages other than English.
Sec. 1112. Subsidy for certain loan payments.
Sec. 1113. Bankruptcy.
Sec. 1114. Emergency rulemaking authority.
TITLE II—ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND
BUSINESSES
Subtitle A—Unemployment Insurance Provisions
Sec. 2101. Short title.
Sec. 2102. Pandemic Unemployment Assistance.
Sec. 2103. Emergency unemployment relief for governmental entities and nonprofit
organizations.
Sec. 2104. Emergency increase in unemployment compensation benefits.
Sec. 2105. Temporary full Federal funding of the first week of compensable regular
unemployment for States with no waiting week.
Sec. 2106. Emergency State staffing flexibility.
Sec. 2107. Pandemic emergency unemployment compensation.
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Sec. 2108. Temporary financing of short-time compensation payments in States
with programs in law.
Sec. 2109. Temporary financing of short-time compensation agreements.
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134 STAT. 282 PUBLIC LAW 116–136—MAR. 27, 2020
Sec. 2110. Grants for short-time compensation programs.
Sec. 2111. Assistance and guidance in implementing programs.
Sec. 2112. Waiver of the 7-day waiting period for benefits under the Railroad Un-
employment Insurance Act.
Sec. 2113. Enhanced benefits under the Railroad Unemployment Insurance Act.
Sec. 2114. Extended unemployment benefits under the Railroad Unemployment In-
surance Act.
Sec. 2115. Funding for the DOL Office of Inspector General for oversight of unem-
ployment provisions.
Sec. 2116. Implementation.
Subtitle B—Rebates and Other Individual Provisions
Sec. 2201. 2020 recovery rebates for individuals.
Sec. 2202. Special rules for use of retirement funds.
Sec. 2203. Temporary waiver of required minimum distribution rules for certain re-
tirement plans and accounts.
Sec. 2204. Allowance of partial above the line deduction for charitable contribu-
tions.
Sec. 2205. Modification of limitations on charitable contributions during 2020.
Sec. 2206. Exclusion for certain employer payments of student loans.
Subtitle C—Business Provisions
Sec. 2301. Employee retention credit for employers subject to closure due to
COVID–19.
Sec. 2302. Delay of payment of employer payroll taxes.
Sec. 2303. Modifications for net operating losses.
Sec. 2304. Modification of limitation on losses for taxpayers other than corpora-
tions.
Sec. 2305. Modification of credit for prior year minimum tax liability of corpora-
tions.
Sec. 2306. Modifications of limitation on business interest.
Sec. 2307. Technical amendments regarding qualified improvement property.
Sec. 2308. Temporary exception from excise tax for alcohol used to produce hand
sanitizer.
TITLE III—SUPPORTING AMERICA’S HEALTH CARE SYSTEM IN THE FIGHT
AGAINST THE CORONAVIRUS
Subtitle A—Health Provisions
Sec. 3001. Short title.
PART I—ADDRESSING SUPPLY SHORTAGES
SUBPART A—MEDICAL PRODUCT SUPPLIES
Sec. 3101. National Academies report on America’s medical product supply chain
security.
Sec. 3102. Requiring the strategic national stockpile to include certain types of
medical supplies.
Sec. 3103. Treatment of respiratory protective devices as covered countermeasures.
SUBPART B—MITIGATING EMERGENCY DRUG SHORTAGES
Sec. 3111. Prioritize reviews of drug applications; incentives.
Sec. 3112. Additional manufacturer reporting requirements in response to drug
shortages.
SUBPART C—PREVENTING MEDICAL DEVICE SHORTAGES
Sec. 3121. Discontinuance or interruption in the production of medical devices.
PART II—ACCESS TO HEALTH CARE FOR COVID–19 PATIENTS
SUBPART A—COVERAGE OF TESTING AND PREVENTIVE SERVICES
Sec. 3201. Coverage of diagnostic testing for COVID–19.
Sec. 3202. Pricing of diagnostic testing.
Sec. 3203. Rapid coverage of preventive services and vaccines for coronavirus.
SUBPART B—SUPPORT FOR HEALTH CARE PROVIDERS
Sec. 3211. Supplemental awards for health centers.
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Sec. 3212. Telehealth network and telehealth resource centers grant programs.
Sec. 3213. Rural health care services outreach, rural health network development,
and small health care provider quality improvement grant programs.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 283
Sec. 3214. United States Public Health Service Modernization.
Sec. 3215. Limitation on liability for volunteer health care professionals during
COVID–19 emergency response.
Sec. 3216. Flexibility for members of National Health Service Corps during emer-
gency period.
SUBPART C—MISCELLANEOUS PROVISIONS
Sec. 3221. Confidentiality and disclosure of records relating to substance use dis-
order.
Sec. 3222. Nutrition services.
Sec. 3223. Continuity of service and opportunities for participants in community
service activities under title V of the Older Americans Act of 1965.
Sec. 3224. Guidance on protected health information.
Sec. 3225. Reauthorization of healthy start program.
Sec. 3226. Importance of the blood supply.
PART III—INNOVATION
Sec. 3301. Removing the cap on OTA during public health emergencies.
Sec. 3302. Priority zoonotic animal drugs.
PART IV—HEALTH CARE WORKFORCE
Sec. 3401. Reauthorization of health professions workforce programs.
Sec. 3402. Health workforce coordination.
Sec. 3403. Education and training relating to geriatrics.
Sec. 3404. Nursing workforce development.
Subtitle B—Education Provisions
Sec. 3501. Short title.
Sec. 3502. Definitions.
Sec. 3503. Campus-based aid waivers.
Sec. 3504. Use of supplemental educational opportunity grants for emergency aid.
Sec. 3505. Federal work-study during a qualifying emergency.
Sec. 3506. Adjustment of subsidized loan usage limits.
Sec. 3507. Exclusion from Federal Pell Grant duration limit.
Sec. 3508. Institutional refunds and Federal student loan flexibility.
Sec. 3509. Satisfactory academic progress.
Sec. 3510. Continuing education at affected foreign institutions.
Sec. 3511. National emergency educational waivers.
Sec. 3512. HBCU Capital financing.
Sec. 3513. Temporary relief for federal student loan borrowers.
Sec. 3514. Provisions related to the Corporation for National and Community Serv-
ice.
Sec. 3515. Workforce response activities.
Sec. 3516. Technical amendments.
Sec. 3517. Waiver authority and reporting requirement for institutional aid.
Sec. 3518. Authorized uses and other modifications for grants.
Sec. 3519. Service obligations for teachers.
Subtitle C—Labor Provisions
Sec. 3601. Limitation on paid leave.
Sec. 3602. Emergency Paid Sick Leave Act Limitation.
Sec. 3603. Unemployment insurance.
Sec. 3604. OMB Waiver of Paid Family and Paid Sick Leave.
Sec. 3605. Paid leave for rehired employees.
Sec. 3606. Advance refunding of credits.
Sec. 3607. Expansion of DOL Authority to postpone certain deadlines.
Sec. 3608. Single-employer plan funding rules.
Sec. 3609. Application of cooperative and small employer charity pension plan rules
to certain charitable employers whose primary exempt purpose is pro-
viding services with respect to mothers and children.
Sec. 3610. Federal contractor authority.
Sec. 3611. Technical corrections.
Subtitle D—Finance Committee
Sec. 3701. Exemption for telehealth services.
Sec. 3702. Inclusion of certain over-the-counter medical products as qualified med-
ical expenses.
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Sec. 3703. Increasing Medicare telehealth flexibilities during emergency period.
Sec. 3704. Enhancing Medicare telehealth services for Federally qualified health
centers and rural health clinics during emergency period.
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134 STAT. 284 PUBLIC LAW 116–136—MAR. 27, 2020
Sec. 3705. Temporary waiver of requirement for face-to-face visits between home
dialysis patients and physicians.
Sec. 3706. Use of telehealth to conduct face-to-face encounter prior to recertification
of eligibility for hospice care during emergency period.
Sec. 3707. Encouraging use of telecommunications systems for home health serv-
ices furnished during emergency period.
Sec. 3708. Improving care planning for Medicare home health services.
Sec. 3709. Adjustment of sequestration.
Sec. 3710. Medicare hospital inpatient prospective payment system add-on pay-
ment for COVID–19 patients during emergency period.
Sec. 3711. Increasing access to post-acute care during emergency period.
Sec. 3712. Revising payment rates for durable medical equipment under the Medi-
care program through duration of emergency period.
Sec. 3713. Coverage of the COVID–19 vaccine under part B of the Medicare pro-
gram without any cost-sharing.
Sec. 3714. Requiring Medicare prescription drug plans and MA–PD plans to allow
during the COVID–19 emergency period for fills and refills of covered
part D drugs for up to a 3-month supply.
Sec. 3715. Providing home and community-based services in acute care hospitals.
Sec. 3716. Clarification regarding uninsured individuals.
Sec. 3717. Clarification regarding coverage of COVID–19 testing products.
Sec. 3718. Amendments relating to reporting requirements with respect to clinical
diagnostic laboratory tests.
Sec. 3719. Expansion of the Medicare hospital accelerated payment program during
the COVID–19 public health emergency.
Sec. 3720. Delaying requirements for enhanced FMAP to enable State legislation
necessary for compliance.
Subtitle E—Health and Human Services Extenders
PART I—MEDICARE PROVISIONS
Sec. 3801. Extension of the work geographic index floor under the Medicare pro-
gram.
Sec. 3802. Extension of funding for quality measure endorsement, input, and selec-
tion.
Sec. 3803. Extension of funding outreach and assistance for low-income programs.
PART II—MEDICAID PROVISIONS
Sec. 3811. Extension of the Money Follows the Person rebalancing demonstration
program.
Sec. 3812. Extension of spousal impoverishment protections.
Sec. 3813. Delay of DSH reductions.
Sec. 3814. Extension and expansion of Community Mental Health Services dem-
onstration program.
PART III—HUMAN SERVICES AND OTHER HEALTH PROGRAMS
Sec. 3821. Extension of sexual risk avoidance education program.
Sec. 3822. Extension of personal responsibility education program.
Sec. 3823. Extension of demonstration projects to address health professions work-
force needs.
Sec. 3824. Extension of the temporary assistance for needy families program and
related programs.
PART IV—PUBLIC HEALTH PROVISIONS
Sec. 3831. Extension for community health centers, the National Health Service
Corps, and teaching health centers that operate GME programs.
Sec. 3832. Diabetes programs.
PART V—MISCELLANEOUS PROVISIONS
Sec. 3841. Prevention of duplicate appropriations for fiscal year 2020.
Subtitle F—Over-the-Counter Drugs
PART I—OTC DRUG REVIEW
Sec. 3851. Regulation of certain nonprescription drugs that are marketed without
an approved drug application.
Sec. 3852. Misbranding.
Sec. 3853. Drugs excluded from the over-the-counter drug review.
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Sec. 3854. Treatment of Sunscreen Innovation Act.
Sec. 3855. Annual update to Congress on appropriate pediatric indication for cer-
tain OTC cough and cold drugs.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 285
Sec. 3856. Technical corrections.
PART II—USER FEES
Sec. 3861. Finding.
Sec. 3862. Fees relating to over-the-counter drugs.
TITLE IV—ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY
DISTRESSED SECTORS OF THE UNITED STATES ECONOMY
Subtitle A—Coronavirus Economic Stabilization Act of 2020
Sec. 4001. Short title.
Sec. 4002. Definitions.
Sec. 4003. Emergency relief and taxpayer protections.
Sec. 4004. Limitation on certain employee compensation.
Sec. 4005. Continuation of certain air service.
Sec. 4006. Coordination with Secretary of Transportation.
Sec. 4007. Suspension of certain aviation excise taxes.
Sec. 4008. Debt guarantee authority.
Sec. 4009. Temporary Government in the Sunshine Act relief.
Sec. 4010. Temporary hiring flexibility.
Sec. 4011. Temporary lending limit waiver.
Sec. 4012. Temporary relief for community banks.
Sec. 4013. Temporary relief from troubled debt restructurings.
Sec. 4014. Optional temporary relief from current expected credit losses.
Sec. 4015. Non-applicability of restrictions on ESF during national emergency.
Sec. 4016. Temporary credit union provisions.
Sec. 4017. Increasing access to materials necessary for national security and pan-
demic recovery.
Sec. 4018. Special Inspector General for Pandemic Recovery.
Sec. 4019. Conflicts of interest.
Sec. 4020. Congressional Oversight Commission.
Sec. 4021. Credit protection during COVID–19.
Sec. 4022. Foreclosure moratorium and consumer right to request forbearance.
Sec. 4023. Forbearance of residential mortgage loan payments for multifamily prop-
erties with federally backed loans.
Sec. 4024. Temporary moratorium on eviction filings.
Sec. 4025. Protection of collective bargaining agreement.
Sec. 4026. Reports.
Sec. 4027. Direct appropriation.
Sec. 4028. Rule of construction.
Sec. 4029. Termination of authority.
Subtitle B—Air Carrier Worker Support
Sec. 4111. Definitions.
Sec. 4112. Pandemic relief for aviation workers.
Sec. 4113. Procedures for providing payroll support.
Sec. 4114. Required assurances.
Sec. 4115. Protection of collective bargaining agreement.
Sec. 4116. Limitation on certain employee compensation.
Sec. 4117. Tax payer protection.
Sec. 4118. Reports.
Sec. 4119. Coordination.
Sec. 4120. Direct appropriation.
TITLE V—CORONAVIRUS RELIEF FUNDS
Sec. 5001. Coronavirus Relief Fund.
TITLE VI—MISCELLANEOUS PROVISIONS
Sec. 6001. COVID–19 borrowing authority for the United States Postal Service.
Sec. 6002. Emergency designation.
DIVISION B—EMERGENCY APPROPRIATIONS FOR CORONAVIRUS HEALTH
RESPONSE AND AGENCY OPERATIONS
SEC. 3. REFERENCES. 1 USC 1 note.
Except as expressly provided otherwise, any reference to ‘‘this
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Act’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.
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134 STAT. 286 PUBLIC LAW 116–136—MAR. 27, 2020
DIVISION A—KEEPING WORKERS PAID
AND EMPLOYED, HEALTH CARE SYS-
TEM ENHANCEMENTS, AND ECO-
NOMIC STABILIZATION
TITLE I—KEEPING AMERICAN
WORKERS PAID AND EMPLOYED ACT
15 USC 9001. SEC. 1101. DEFINITIONS.
In this title—
(1) the terms ‘‘Administration’’ and ‘‘Administrator’’ mean
the Small Business Administration and the Administrator
thereof, respectively; and
(2) the term ‘‘small business concern’’ has the meaning
given the term in section 3 of the Small Business Act (15
U.S.C. 636).
SEC. 1102. PAYCHECK PROTECTION PROGRAM.
(a) IN GENERAL.—Section 7(a) of the Small Business Act (15
U.S.C. 636(a)) is amended—
(1) in paragraph (2)—
(A) in subparagraph (A), in the matter preceding clause
(i), by striking ‘‘and (E)’’ and inserting ‘‘(E), and (F)’’; and
(B) by adding at the end the following:
‘‘(F) PARTICIPATION IN THE PAYCHECK PROTECTION PRO-
GRAM.—In an agreement to participate in a loan on a
deferred basis under paragraph (36), the participation by
the Administration shall be 100 percent.’’; and
(2) by adding at the end the following:
‘‘(36) PAYCHECK PROTECTION PROGRAM.—
‘‘(A) DEFINITIONS.—In this paragraph—
‘‘(i) the terms ‘appropriate Federal banking agency’
and ‘insured depository institution’ have the meanings
given those terms in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813);
‘‘(ii) the term ‘covered loan’ means a loan made
under this paragraph during the covered period;
‘‘(iii) the term ‘covered period’ means the period
beginning on February 15, 2020 and ending on June
30, 2020;
‘‘(iv) the term ‘eligible recipient’ means an indi-
vidual or entity that is eligible to receive a covered
loan;
‘‘(v) the term ‘eligible self-employed individual’ has
the meaning given the term in section 7002(b) of the
Families First Coronavirus Response Act (Public Law
116–127);
‘‘(vi) the term ‘insured credit union’ has the
meaning given the term in section 101 of the Federal
Credit Union Act (12 U.S.C. 1752);
‘‘(vii) the term ‘nonprofit organization’ means an
organization that is described in section 501(c)(3) of
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the Internal Revenue Code of 1986 and that is exempt
from taxation under section 501(a) of such Code;
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 287
‘‘(viii) the term ‘payroll costs’—
‘‘(I) means—
‘‘(aa) the sum of payments of any com-
pensation with respect to employees that is
a—
‘‘(AA) salary, wage, commission, or
similar compensation;
‘‘(BB) payment of cash tip or equiva-
lent;
‘‘(CC) payment for vacation, parental,
family, medical, or sick leave;
‘‘(DD) allowance for dismissal or sepa-
ration;
‘‘(EE) payment required for the provi-
sions of group health care benefits,
including insurance premiums;
‘‘(FF) payment of any retirement ben-
efit; or
‘‘(GG) payment of State or local tax
assessed on the compensation of
employees; and
‘‘(bb) the sum of payments of any com-
pensation to or income of a sole proprietor
or independent contractor that is a wage,
commission, income, net earnings from self-
employment, or similar compensation and that
is in an amount that is not more than $100,000
in 1 year, as prorated for the covered period;
and
‘‘(II) shall not include—
‘‘(aa) the compensation of an individual
employee in excess of an annual salary of
$100,000, as prorated for the covered period;
‘‘(bb) taxes imposed or withheld under
chapters 21, 22, or 24 of the Internal Revenue
Code of 1986 during the covered period;
‘‘(cc) any compensation of an employee
whose principal place of residence is outside
of the United States;
‘‘(dd) qualified sick leave wages for which
a credit is allowed under section 7001 of the
Families First Coronavirus Response Act
(Public Law 116–127); or
‘‘(ee) qualified family leave wages for
which a credit is allowed under section 7003
of the Families First Coronavirus Response
Act (Public Law 116–127); and
‘‘(ix) the term ‘veterans organization’ means an
organization that is described in section 501(c)(19) of
the Internal Revenue Code that is exempt from tax-
ation under section 501(a) of such Code.
‘‘(B) PAYCHECK PROTECTION LOANS.—Except as other-
wise provided in this paragraph, the Administrator may
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guarantee covered loans under the same terms, conditions,
and processes as a loan made under this subsection.
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134 STAT. 288 PUBLIC LAW 116–136—MAR. 27, 2020
Deadline. ‘‘(C) REGISTRATION OF LOANS.—Not later than 15 days
after the date on which a loan is made under this para-
graph, the Administration shall register the loan using
the TIN (as defined in section 7701 of the Internal Revenue
Code of 1986) assigned to the borrower.
‘‘(D) INCREASED ELIGIBILITY FOR CERTAIN SMALL
BUSINESSES AND ORGANIZATIONS.—
‘‘(i) IN GENERAL.—During the covered period, in
addition to small business concerns, any business con-
cern, nonprofit organization, veterans organization, or
Tribal business concern described in section 31(b)(2)(C)
shall be eligible to receive a covered loan if the business
concern, nonprofit organization, veterans organization,
or Tribal business concern employs not more than the
greater of—
‘‘(I) 500 employees; or
‘‘(II) if applicable, the size standard in number
of employees established by the Administration
for the industry in which the business concern,
nonprofit organization, veterans organization, or
Tribal business concern operates.
‘‘(ii) INCLUSION OF SOLE PROPRIETORS, INDE-
PENDENT CONTRACTORS, AND ELIGIBLE SELF-EMPLOYED
INDIVIDUALS.—
‘‘(I) IN GENERAL.—During the covered period,
individuals who operate under a sole proprietor-
ship or as an independent contractor and eligible
self-employed individuals shall be eligible to
receive a covered loan.
Determination. ‘‘(II) DOCUMENTATION.—An eligible self-
employed individual, independent contractor, or
sole proprietorship seeking a covered loan shall
submit such documentation as is necessary to
establish such individual as eligible, including pay-
roll tax filings reported to the Internal Revenue
Service, Forms 1099–MISC, and income and
expenses from the sole proprietorship, as deter-
mined by the Administrator and the Secretary.
‘‘(iii) BUSINESS CONCERNS WITH MORE THAN 1 PHYS-
ICAL LOCATION.—During the covered period, any busi-
ness concern that employs not more than 500
employees per physical location of the business concern
and that is assigned a North American Industry Classi-
fication System code beginning with 72 at the time
of disbursal shall be eligible to receive a covered loan.
‘‘(iv) WAIVER OF AFFILIATION RULES.—During the
covered period, the provisions applicable to affiliations
under section 121.103 of title 13, Code of Federal Regu-
lations, or any successor regulation, are waived with
respect to eligibility for a covered loan for—
‘‘(I) any business concern with not more than
500 employees that, as of the date on which the
covered loan is disbursed, is assigned a North
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American Industry Classification System code
beginning with 72;
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 289
‘‘(II) any business concern operating as a fran-
chise that is assigned a franchise identifier code
by the Administration; and
‘‘(III) any business concern that receives finan-
cial assistance from a company licensed under sec-
tion 301 of the Small Business Investment Act
of 1958 (15 U.S.C. 681).
‘‘(v) EMPLOYEE.—For purposes of determining Definition.
whether a business concern, nonprofit organization,
veterans organization, or Tribal business concern
described in section 31(b)(2)(C) employs not more than
500 employees under clause (i)(I), the term ‘employee’
includes individuals employed on a full-time, part-time,
or other basis.
‘‘(vi) AFFILIATION.—The provisions applicable to Applicability.
affiliations under section 121.103 of title 13, Code of
Federal Regulations, or any successor thereto, shall
apply with respect to a nonprofit organization and
a veterans organization in the same manner as with
respect to a small business concern.
‘‘(E) MAXIMUM LOAN AMOUNT.—During the covered
period, with respect to a covered loan, the maximum loan
amount shall be the lesser of—
‘‘(i)(I) the sum of—
‘‘(aa) the product obtained by multiplying—
‘‘(AA) the average total monthly payments Time periods.
by the applicant for payroll costs incurred Determination.
during the 1-year period before the date on
which the loan is made, except that, in the
case of an applicant that is seasonal employer,
as determined by the Administrator, the aver-
age total monthly payments for payroll shall
be for the 12-week period beginning February
15, 2019, or at the election of the eligible
recipient, March 1, 2019, and ending June
30, 2019; by
‘‘(BB) 2.5; and
‘‘(bb) the outstanding amount of a loan under
subsection (b)(2) that was made during the period
beginning on January 31, 2020 and ending on
the date on which covered loans are made available
to be refinanced under the covered loan; or
‘‘(II) if requested by an otherwise eligible recipient
that was not in business during the period beginning
on February 15, 2019 and ending on June 30, 2019,
the sum of—
‘‘(aa) the product obtained by multiplying—
‘‘(AA) the average total monthly payments
by the applicant for payroll costs incurred
during the period beginning on January 1,
2020 and ending on February 29, 2020; by
‘‘(BB) 2.5; and
‘‘(bb) the outstanding amount of a loan under
subsection (b)(2) that was made during the period
beginning on January 31, 2020 and ending on
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the date on which covered loans are made available
to be refinanced under the covered loan; or
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134 STAT. 290 PUBLIC LAW 116–136—MAR. 27, 2020
‘‘(ii) $10,000,000.
‘‘(F) ALLOWABLE USES OF COVERED LOANS.—
‘‘(i) IN GENERAL.—During the covered period, an
eligible recipient may, in addition to the allowable
uses of a loan made under this subsection, use the
proceeds of the covered loan for—
‘‘(I) payroll costs;
‘‘(II) costs related to the continuation of group
health care benefits during periods of paid sick,
medical, or family leave, and insurance premiums;
‘‘(III) employee salaries, commissions, or
similar compensations;
‘‘(IV) payments of interest on any mortgage
obligation (which shall not include any prepayment
of or payment of principal on a mortgage obliga-
tion);
‘‘(V) rent (including rent under a lease agree-
ment);
‘‘(VI) utilities; and
‘‘(VII) interest on any other debt obligations
that were incurred before the covered period.
‘‘(ii) DELEGATED AUTHORITY.—
‘‘(I) IN GENERAL.—For purposes of making cov-
ered loans for the purposes described in clause
(i), a lender approved to make loans under this
subsection shall be deemed to have been delegated
authority by the Administrator to make and
approve covered loans, subject to the provisions
of this paragraph.
Evaluation. ‘‘(II) CONSIDERATIONS.—In evaluating the
eligibility of a borrower for a covered loan with
the terms described in this paragraph, a lender
shall consider whether the borrower—
‘‘(aa) was in operation on February 15,
2020; and
‘‘(bb)(AA) had employees for whom the
borrower paid salaries and payroll taxes; or
‘‘(BB) paid independent contractors, as
reported on a Form 1099–MISC.
Determination. ‘‘(iii) ADDITIONAL LENDERS.—The authority to
make loans under this paragraph shall be extended
to additional lenders determined by the Administrator
and the Secretary of the Treasury to have the nec-
essary qualifications to process, close, disburse and
service loans made with the guarantee of the Adminis-
tration.
Time period. ‘‘(iv) REFINANCE.—A loan made under subsection
(b)(2) during the period beginning on January 31, 2020
and ending on the date on which covered loans are
made available may be refinanced as part of a covered
loan.
‘‘(v) NONRECOURSE.—Notwithstanding the waiver
of the personal guarantee requirement or collateral
under subparagraph (J), the Administrator shall have
no recourse against any individual shareholder,
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member, or partner of an eligible recipient of a covered
loan for nonpayment of any covered loan, except to
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 291
the extent that such shareholder, member, or partner
uses the covered loan proceeds for a purpose not
authorized under clause (i).
‘‘(G) BORROWER REQUIREMENTS.—
‘‘(i) CERTIFICATION.—An eligible recipient applying
for a covered loan shall make a good faith certifi-
cation—
‘‘(I) that the uncertainty of current economic
conditions makes necessary the loan request to
support the ongoing operations of the eligible
recipient;
‘‘(II) acknowledging that funds will be used
to retain workers and maintain payroll or make
mortgage payments, lease payments, and utility
payments;
‘‘(III) that the eligible recipient does not have
an application pending for a loan under this sub-
section for the same purpose and duplicative of
amounts applied for or received under a covered
loan; and
‘‘(IV) during the period beginning on February Time period.
15, 2020 and ending on December 31, 2020, that
the eligible recipient has not received amounts
under this subsection for the same purpose and
duplicative of amounts applied for or received
under a covered loan.
‘‘(H) FEE WAIVER.—During the covered period, with
respect to a covered loan—
‘‘(i) in lieu of the fee otherwise applicable under
paragraph (23)(A), the Administrator shall collect no
fee; and
‘‘(ii) in lieu of the fee otherwise applicable under
paragraph (18)(A), the Administrator shall collect no
fee.
‘‘(I) CREDIT ELSEWHERE.—During the covered period,
the requirement that a small business concern is unable
to obtain credit elsewhere, as defined in section 3(h), shall
not apply to a covered loan.
‘‘(J) WAIVER OF PERSONAL GUARANTEE REQUIREMENT.—
During the covered period, with respect to a covered loan—
‘‘(i) no personal guarantee shall be required for
the covered loan; and
‘‘(ii) no collateral shall be required for the covered
loan.
‘‘(K) MATURITY FOR LOANS WITH REMAINING BALANCE
AFTER APPLICATION OF FORGIVENESS.—With respect to a
covered loan that has a remaining balance after reduction
based on the loan forgiveness amount under section 1106
of the CARES Act—
‘‘(i) the remaining balance shall continue to be
guaranteed by the Administration under this sub-
section; and
‘‘(ii) the covered loan shall have a maximum matu-
rity of 10 years from the date on which the borrower
applies for loan forgiveness under that section.
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‘‘(L) INTEREST RATE REQUIREMENTS.—A covered loan
shall bear an interest rate not to exceed 4 percent.
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134 STAT. 292 PUBLIC LAW 116–136—MAR. 27, 2020
Time period. ‘‘(M) LOAN DEFERMENT.—
‘‘(i) DEFINITION OF IMPACTED BORROWER.—
‘‘(I) IN GENERAL.—In this subparagraph, the
term ‘impacted borrower’ means an eligible
recipient that—
‘‘(aa) is in operation on February 15, 2020;
and
‘‘(bb) has an application for a covered loan
that is approved or pending approval on or
after the date of enactment of this paragraph.
‘‘(II) PRESUMPTION.—For purposes of this
subparagraph, an impacted borrower is presumed
to have been adversely impacted by COVID–19.
‘‘(ii) DEFERRAL.—During the covered period, the
Administrator shall—
‘‘(I) consider each eligible recipient that applies
for a covered loan to be an impacted borrower;
and
‘‘(II) require lenders under this subsection to
provide complete payment deferment relief for
impacted borrowers with covered loans for a period
of not less than 6 months, including payment of
principal, interest, and fees, and not more than
1 year.
‘‘(iii) SECONDARY MARKET.—During the covered
period, with respect to a covered loan that is sold
on the secondary market, if an investor declines to
approve a deferral requested by a lender under clause
(ii), the Administrator shall exercise the authority to
purchase the loan so that the impacted borrower may
receive a deferral for a period of not less than 6 months,
including payment of principal, interest, and fees, and
not more than 1 year.
Deadline. ‘‘(iv) GUIDANCE.—Not later than 30 days after the
date of enactment of this paragraph, the Administrator
shall provide guidance to lenders under this paragraph
on the deferment process described in this subpara-
graph.
‘‘(N) SECONDARY MARKET SALES.—A covered loan shall
be eligible to be sold in the secondary market consistent
with this subsection. The Administrator may not collect
any fee for any guarantee sold into the secondary market
under this subparagraph.
‘‘(O) REGULATORY CAPITAL REQUIREMENTS.—
‘‘(i) RISK WEIGHT.—With respect to the appropriate
Federal banking agencies or the National Credit Union
Administration Board applying capital requirements
under their respective risk-based capital requirements,
a covered loan shall receive a risk weight of zero per-
cent.
‘‘(ii) TEMPORARY RELIEF FROM TDR DISCLOSURES.—
Notwithstanding any other provision of law, an insured
depository institution or an insured credit union that
modifies a covered loan in relation to COVID–19-
related difficulties in a troubled debt restructuring on
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or after March 13, 2020, shall not be required to comply
with the Financial Accounting Standards Board
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 293
Accounting Standards Codification Subtopic 310–40
(‘Receivables – Troubled Debt Restructurings by Credi-
tors’) for purposes of compliance with the requirements
of the Federal Deposit Insurance Act (12 U.S.C. 1811
et seq.), until such time and under such circumstances
as the appropriate Federal banking agency or the
National Credit Union Administration Board, as
applicable, determines appropriate.
‘‘(P) REIMBURSEMENT FOR PROCESSING.—
‘‘(i) IN GENERAL.—The Administrator shall
reimburse a lender authorized to make a covered loan
at a rate, based on the balance of the financing out-
standing at the time of disbursement of the covered
loan, of—
‘‘(I) 5 percent for loans of not more than
$350,000;
‘‘(II) 3 percent for loans of more than $350,000
and less than $2,000,000; and
‘‘(III) 1 percent for loans of not less than
$2,000,000.
‘‘(ii) FEE LIMITS.—An agent that assists an eligible
recipient to prepare an application for a covered loan
may not collect a fee in excess of the limits established
by the Administrator.
‘‘(iii) TIMING.—A reimbursement described in Deadline.
clause (i) shall be made not later than 5 days after
the disbursement of the covered loan.
‘‘(iv) SENSE OF THE SENATE.—It is the sense of
the Senate that the Administrator should issue guid-
ance to lenders and agents to ensure that the proc-
essing and disbursement of covered loans prioritizes
small business concerns and entities in underserved
and rural markets, including veterans and members
of the military community, small business concerns
owned and controlled by socially and economically dis-
advantaged individuals (as defined in section
8(d)(3)(C)), women, and businesses in operation for
less than 2 years.
‘‘(Q) DUPLICATION.—Nothing in this paragraph shall Time period.
prohibit a recipient of an economic injury disaster loan
made under subsection (b)(2) during the period beginning
on January 31, 2020 and ending on the date on which
covered loans are made available that is for a purpose
other than paying payroll costs and other obligations
described in subparagraph (F) from receiving assistance
under this paragraph.
‘‘(R) WAIVER OF PREPAYMENT PENALTY.—Notwith-
standing any other provision of law, there shall be no
prepayment penalty for any payment made on a covered
loan.’’.
(b) COMMITMENTS FOR 7(A) LOANS.—During the period begin- Time period.
ning on February 15, 2020 and ending on June 30, 2020—
(1) the amount authorized for commitments for general
business loans authorized under section 7(a) of the Small Busi-
ness Act (15 U.S.C. 636(a)), including loans made under para-
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graph (36) of such section, as added by subsection (a), shall
be $349,000,000,000; and
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134 STAT. 294 PUBLIC LAW 116–136—MAR. 27, 2020
(2) the amount authorized for commitments for such loans
under the heading ‘‘BUSINESS LOANS PROGRAM ACCOUNT’’ under
the heading ‘‘SMALL BUSINESS ADMINISTRATION’’ under title
V of the Consolidated Appropriations Act, 2020 (Public Law
116–93; 133 Stat. 2475) shall not apply.
(c) EXPRESS LOANS.—
(1) IN GENERAL.—Section 7(a)(31)(D) of the Small Business
Act (15 U.S.C. 636(a)(31)(D)) is amended by striking ‘‘$350,000’’
and inserting ‘‘$1,000,000’’.
Effective date. (2) PROSPECTIVE REPEAL.—Effective on January 1, 2021,
15 USC 636 note. section 7(a)(31)(D) of the Small Business Act (15 U.S.C.
636(a)(31)(D)) is amended by striking ‘‘$1,000,000’’ and
inserting ‘‘$350,000’’.
(d) EXCEPTION TO GUARANTEE FEE WAIVER FOR VETERANS.—
Section 7(a)(31)(G) of the Small Business Act (15 U.S.C.
636(a)(31)(G)) is amended—
(1) by striking clause (ii); and
(2) by redesignating clause (iii) as clause (ii).
15 USC 636 note. (e) INTERIM RULE.—On and after the date of enactment of
this Act, the interim final rule published by the Administrator
entitled ‘‘Express Loan Programs: Affiliation Standards’’ (85 Fed.
Reg. 7622 (February 10, 2020)) is permanently rescinded and shall
have no force or effect.
15 USC 9002. SEC. 1103. ENTREPRENEURIAL DEVELOPMENT.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘covered small business concern’’ means a
small business concern that has experienced, as a result of
COVID–19—
(A) supply chain disruptions, including changes in—
(i) quantity and lead time, including the number
of shipments of components and delays in shipments;
(ii) quality, including shortages in supply for
quality control reasons; and
(iii) technology, including a compromised payment
network;
(B) staffing challenges;
(C) a decrease in gross receipts or customers; or
(D) a closure;
(2) the term ‘‘resource partner’’ means—
(A) a small business development center; and
(B) a women’s business center;
(3) the term ‘‘small business development center’’ has the
meaning given the term in section 3 of the Small Business
Act (15 U.S.C. 632); and
(4) the term ‘‘women’s business center’’ means a women’s
business center described in section 29 of the Small Business
Act (15 U.S.C. 656).
(b) EDUCATION, TRAINING, AND ADVISING GRANTS.—
(1) IN GENERAL.—The Administration may provide financial
assistance in the form of grants to resource partners to provide
education, training, and advising to covered small business
concerns.
(2) USE OF FUNDS.—Grants under this subsection shall
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be used for the education, training, and advising of covered
small business concerns and their employees on—
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 295
(A) accessing and applying for resources provided by
the Administration and other Federal resources relating
to access to capital and business resiliency;
(B) the hazards and prevention of the transmission
and communication of COVID–19 and other communicable
diseases;
(C) the potential effects of COVID–19 on the supply
chains, distribution, and sale of products of covered small
business concerns and the mitigation of those effects;
(D) the management and practice of telework to reduce
possible transmission of COVID–19;
(E) the management and practice of remote customer
service by electronic or other means;
(F) the risks of and mitigation of cyber threats in
remote customer service or telework practices;
(G) the mitigation of the effects of reduced travel or
outside activities on covered small business concerns during
COVID–19 or similar occurrences; and
(H) any other relevant business practices necessary
to mitigate the economic effects of COVID–19 or similar
occurrences.
(3) GRANT DETERMINATION.—
(A) SMALL BUSINESS DEVELOPMENT CENTERS.—The
Administration shall award 80 percent of funds authorized
to carry out this subsection to small business development
centers, which shall be awarded pursuant to a formula
jointly developed, negotiated, and agreed upon, with full
participation of both parties, between the association
formed under section 21(a)(3)(A) of the Small Business
Act (15 U.S.C. 648(a)(3)(A)) and the Administration.
(B) WOMEN’S BUSINESS CENTERS.—The Administration
shall award 20 percent of funds authorized to carry out
this subsection to women’s business centers, which shall
be awarded pursuant to a process established by the
Administration in consultation with recipients of assist-
ance.
(C) NO MATCHING FUNDS REQUIRED.—Matching funds
shall not be required for any grant under this subsection.
(4) GOALS AND METRICS.—
(A) IN GENERAL.—Goals and metrics for the funds made
available under this subsection shall be jointly developed,
negotiated, and agreed upon, with full participation of both
parties, between the resource partners and the Adminis-
trator, which shall—
(i) take into consideration the extent of the cir-
cumstances relating to the spread of COVID–19, or
similar occurrences, that affect covered small business
concerns located in the areas covered by the resource
partner, particularly in rural areas or economically
distressed areas;
(ii) generally follow the use of funds outlined in
paragraph (2), but shall not restrict the activities of
resource partners in responding to unique situations;
and
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(iii) encourage resource partners to develop and
provide services to covered small business concerns.
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134 STAT. 296 PUBLIC LAW 116–136—MAR. 27, 2020
Methodologies. (B) PUBLIC AVAILABILITY.—The Administrator shall
make publicly available the methodology by which the
Administrator and resource partners jointly develop the
metrics and goals described in subparagraph (A).
(c) RESOURCE PARTNER ASSOCIATION GRANTS.—
(1) IN GENERAL.—The Administrator may provide grants
to an association or associations representing resource partners
under which the association or associations shall establish a
single centralized hub for COVID–19 information, which shall
include—
(A) 1 online platform that consolidates resources and
information available across multiple Federal agencies for
small business concerns related to COVID–19; and
(B) a training program to educate resource partner
counselors, members of the Service Corps of Retired Execu-
tives established under section 8(b)(1)(B) of the Small Busi-
ness Act (15 U.S.C. 637(b)(1)(B)), and counselors at vet-
erans business outreach centers described in section 32
of the Small Business Act (15 U.S.C. 657b) on the resources
and information described in subparagraph (A).
(2) GOALS AND METRICS.—Goals and metrics for the funds
made available under this subsection shall be jointly developed,
negotiated, and agreed upon, with full participation of both
parties, between the association or associations receiving a
grant under this subsection and the Administrator.
(d) REPORT.—Not later than 6 months after the date of enact-
ment of this Act, and annually thereafter, the Administrator shall
submit to the Committee on Small Business and Entrepreneurship
of the Senate and the Committee on Small Business of the House
of Representatives a report that describes—
(1) with respect to the initial year covered by the report—
(A) the programs and services developed and provided
by the Administration and resource partners under sub-
section (b);
(B) the initial efforts to provide those services under
subsection (b); and
(C) the online platform and training developed and
provided by the Administration and the association or
associations under subsection (c); and
(2) with respect to the subsequent years covered by the
report—
(A) with respect to the grant program under subsection
(b)—
(i) the efforts of the Administrator and resource
partners to develop services to assist covered small
business concerns;
(ii) the challenges faced by owners of covered small
business concerns in accessing services provided by
the Administration and resource partners;
(iii) the number of unique covered small business
concerns that were served by the Administration and
resource partners; and
(iv) other relevant outcome performance data with
respect to covered small business concerns, including
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the number of employees affected, the effect on sales,
the disruptions of supply chains, and the efforts made
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 297
by the Administration and resource partners to miti-
gate these effects; and
(B) with respect to the grant program under subsection
(c)—
(i) the efforts of the Administrator and the associa-
tion or associations to develop and evolve an online
resource for small business concerns; and
(ii) the efforts of the Administrator and the associa-
tion or associations to develop a training program for
resource partner counselors, including the number of
counselors trained.
SEC. 1104. STATE TRADE EXPANSION PROGRAM.
(a) IN GENERAL.—Notwithstanding paragraph (3)(C)(iii) of sec- Extension.
tion 22(l) of the Small Business Act (15 U.S.C. 649(l)), for grants
under the State Trade Expansion Program under such section 22(l)
using amounts made available for fiscal year 2018 or fiscal year
2019, the period of the grant shall continue through the end of
fiscal year 2021.
(b) REIMBURSEMENT.—The Administrator shall reimburse any
recipient of assistance under section 22(l) of the Small Business
Act (15 U.S.C. 649(l)) for financial losses relating to a foreign
trade mission or a trade show exhibition that was cancelled solely
due to a public health emergency declared due to COVID–19 if
the reimbursement does not exceed a recipient’s grant funding.
SEC. 1105. WAIVER OF MATCHING FUNDS REQUIREMENT UNDER THE Time period.
WOMEN’S BUSINESS CENTER PROGRAM. 15 USC 9004.
During the 3-month period beginning on the date of enactment
of this Act, the requirement relating to obtaining cash contributions
from non-Federal sources under section 29(c)(1) of the Small Busi-
ness Act (15 U.S.C. 656(c)(1)) is waived for any recipient of assist-
ance under such section 29.
SEC. 1106. LOAN FORGIVENESS. 15 USC 9005.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘covered loan’’ means a loan guaranteed under
paragraph (36) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)), as added by section 1102;
(2) the term ‘‘covered mortgage obligation’’ means any
indebtedness or debt instrument incurred in the ordinary course
of business that—
(A) is a liability of the borrower;
(B) is a mortgage on real or personal property; and
(C) was incurred before February 15, 2020;
(3) the term ‘‘covered period’’ means the 8-week period
beginning on the date of the origination of a covered loan;
(4) the term ‘‘covered rent obligation’’ means rent obligated
under a leasing agreement in force before February 15, 2020;
(5) the term ‘‘covered utility payment’’ means payment
for a service for the distribution of electricity, gas, water,
transportation, telephone, or internet access for which service
began before February 15, 2020;
(6) the term ‘‘eligible recipient’’ means the recipient of
a covered loan;
(7) the term ‘‘expected forgiveness amount’’ means the
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amount of principal that a lender reasonably expects a borrower
to expend during the covered period on the sum of any—
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134 STAT. 298 PUBLIC LAW 116–136—MAR. 27, 2020
(A) payroll costs;
(B) payments of interest on any covered mortgage
obligation (which shall not include any prepayment of or
payment of principal on a covered mortgage obligation);
(C) payments on any covered rent obligation; and
(D) covered utility payments; and
(8) the term ‘‘payroll costs’’ has the meaning given that
term in paragraph (36) of section 7(a) of the Small Business
Act (15 U.S.C. 636(a)), as added by section 1102 of this Act.
(b) FORGIVENESS.—An eligible recipient shall be eligible for
forgiveness of indebtedness on a covered loan in an amount equal
to the sum of the following costs incurred and payments made
during the covered period:
(1) Payroll costs.
(2) Any payment of interest on any covered mortgage
obligation (which shall not include any prepayment of or pay-
ment of principal on a covered mortgage obligation).
(3) Any payment on any covered rent obligation.
(4) Any covered utility payment.
(c) TREATMENT OF AMOUNTS FORGIVEN.—
(1) IN GENERAL.—Amounts which have been forgiven under
this section shall be considered canceled indebtedness by a
lender authorized under section 7(a) of the Small Business
Act (15 U.S.C. 636(a)).
(2) PURCHASE OF GUARANTEES.—For purposes of the pur-
chase of the guarantee for a covered loan by the Administrator,
amounts which are forgiven under this section shall be treated
in accordance with the procedures that are otherwise applicable
to a loan guaranteed under section 7(a) of the Small Business
Act (15 U.S.C. 636(a)).
Deadline. (3) REMITTANCE.—Not later than 90 days after the date
on which the amount of forgiveness under this section is deter-
mined, the Administrator shall remit to the lender an amount
equal to the amount of forgiveness, plus any interest accrued
through the date of payment.
(4) ADVANCE PURCHASE OF COVERED LOAN.—
(A) REPORT.—A lender authorized under section 7(a)
of the Small Business Act (15 U.S.C. 636(a)), or, at the
discretion of the Administrator, a third party participant
in the secondary market, may, report to the Administrator
an expected forgiveness amount on a covered loan or on
a pool of covered loans of up to 100 percent of the principal
on the covered loan or pool of covered loans, respectively.
(B) PURCHASE.—The Administrator shall purchase the
expected forgiveness amount described in subparagraph
(A) as if the amount were the principal amount of a loan
guaranteed under section 7(a) of the Small Business Act
636(a)).
Deadline. (C) TIMING.—Not later than 15 days after the date
on which the Administrator receives a report under
subparagraph (A), the Administrator shall purchase the
expected forgiveness amount under subparagraph (B) with
respect to each covered loan to which the report relates.
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(d) LIMITS ON AMOUNT OF FORGIVENESS.—
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 299
(1) AMOUNT MAY NOT EXCEED PRINCIPAL.—The amount of
loan forgiveness under this section shall not exceed the prin-
cipal amount of the financing made available under the
applicable covered loan.
(2) REDUCTION BASED ON REDUCTION IN NUMBER OF
EMPLOYEES.—
(A) IN GENERAL.—The amount of loan forgiveness
under this section shall be reduced, but not increased,
by multiplying the amount described in subsection (b) by
the quotient obtained by dividing—
(i) the average number of full-time equivalent
employees per month employed by the eligible recipient
during the covered period; by
(ii)(I) at the election of the borrower— Time periods.
(aa) the average number of full-time equiva-
lent employees per month employed by the eligible
recipient during the period beginning on February
15, 2019 and ending on June 30, 2019; or
(bb) the average number of full-time equiva-
lent employees per month employed by the eligible
recipient during the period beginning on January
1, 2020 and ending on February 29, 2020; or
(II) in the case of an eligible recipient that is Determination.
seasonal employer, as determined by the Adminis-
trator, the average number of full-time equivalent
employees per month employed by the eligible recipient
during the period beginning on February 15, 2019 and
ending on June 30, 2019.
(B) CALCULATION OF AVERAGE NUMBER OF
EMPLOYEES.—For purposes of subparagraph (A), the aver- Determination.
age number of full-time equivalent employees shall be
determined by calculating the average number of full-time
equivalent employees for each pay period falling within
a month.
(3) REDUCTION RELATING TO SALARY AND WAGES.—
(A) IN GENERAL.—The amount of loan forgiveness
under this section shall be reduced by the amount of any
reduction in total salary or wages of any employee described
in subparagraph (B) during the covered period that is in
excess of 25 percent of the total salary or wages of the
employee during the most recent full quarter during which
the employee was employed before the covered period.
(B) EMPLOYEES DESCRIBED.—An employee described in
this subparagraph is any employee who did not receive,
during any single pay period during 2019, wages or salary
at an annualized rate of pay in an amount more than
$100,000.
(4) TIPPED WORKERS.—An eligible recipient with tipped
employees described in section 3(m)(2)(A) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) may receive
forgiveness for additional wages paid to those employees.
(5) EXEMPTION FOR RE-HIRES.—
(A) IN GENERAL.—In a circumstance described in Determination.
subparagraph (B), the amount of loan forgiveness under Time period.
this section shall be determined without regard to a reduc-
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tion in the number of full-time equivalent employees of
an eligible recipient or a reduction in the salary of 1 or
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134 STAT. 300 PUBLIC LAW 116–136—MAR. 27, 2020
more employees of the eligible recipient, as applicable,
during the period beginning on February 15, 2020 and
ending on the date that is 30 days after the date of enact-
ment of this Act.
Time period. (B) CIRCUMSTANCES.—A circumstance described in this
Deadline. subparagraph is a circumstance—
(i) in which—
(I) during the period beginning on February
15, 2020 and ending on the date that is 30 days
after the date of enactment of this Act, there is
a reduction, as compared to February 15, 2020,
in the number of full-time equivalent employees
of an eligible recipient; and
(II) not later than June 30, 2020, the eligible
employer has eliminated the reduction in the
number of full-time equivalent employees;
(ii) in which—
(I) during the period beginning on February
15, 2020 and ending on the date that is 30 days
after the date of enactment of this Act, there is
a reduction, as compared to February 15, 2020,
in the salary or wages of 1 or more employees
of the eligible recipient; and
(II) not later than June 30, 2020, the eligible
employer has eliminated the reduction in the
salary or wages of such employees; or
(iii) in which the events described in clause (i)
and (ii) occur.
(6) EXEMPTIONS.—The Administrator and the Secretary of
the Treasury may prescribe regulations granting de minimis
exemptions from the requirements under this subsection.
(e) APPLICATION.—An eligible recipient seeking loan forgiveness
under this section shall submit to the lender that is servicing
the covered loan an application, which shall include—
(1) documentation verifying the number of full-time equiva-
lent employees on payroll and pay rates for the periods
described in subsection (d), including—
(A) payroll tax filings reported to the Internal Revenue
Service; and
(B) State income, payroll, and unemployment insurance
filings;
(2) documentation, including cancelled checks, payment
receipts, transcripts of accounts, or other documents verifying
payments on covered mortgage obligations, payments on cov-
ered lease obligations, and covered utility payments;
Certification. (3) a certification from a representative of the eligible
recipient authorized to make such certifications that—
(A) the documentation presented is true and correct;
and
(B) the amount for which forgiveness is requested was
used to retain employees, make interest payments on a
covered mortgage obligation, make payments on a covered
rent obligation, or make covered utility payments; and
(4) any other documentation the Administrator determines
necessary.
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(f) PROHIBITION ON FORGIVENESS WITHOUT DOCUMENTATION.—
Requirement. No eligible recipient shall receive forgiveness under this section
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 301
without submitting to the lender that is servicing the covered
loan the documentation required under subsection (e).
(g) DECISION.—Not later than 60 days after the date on which Deadline.
a lender receives an application for loan forgiveness under this
section from an eligible recipient, the lender shall issue a decision
on the an application.
(h) HOLD HARMLESS.—If a lender has received the documenta-
tion required under this section from an eligible recipient attesting
that the eligible recipient has accurately verified the payments
for payroll costs, payments on covered mortgage obligations, pay-
ments on covered lease obligations, or covered utility payments
during covered period—
(1) an enforcement action may not be taken against the
lender under section 47(e) of the Small Business Act (15 U.S.C.
657t(e)) relating to loan forgiveness for the payments for payroll
costs, payments on covered mortgage obligations, payments
on covered lease obligations, or covered utility payments, as
the case may be; and
(2) the lender shall not be subject to any penalties by
the Administrator relating to loan forgiveness for the payments
for payroll costs, payments on covered mortgage obligations,
payments on covered lease obligations, or covered utility pay-
ments, as the case may be.
(i) TAXABILITY.—For purposes of the Internal Revenue Code
of 1986, any amount which (but for this subsection) would be
includible in gross income of the eligible recipient by reason of
forgiveness described in subsection (b) shall be excluded from gross
income.
(j) RULE OF CONSTRUCTION.—The cancellation of indebtedness
on a covered loan under this section shall not otherwise modify
the terms and conditions of the covered loan.
(k) REGULATIONS.—Not later than 30 days after the date of Deadline.
enactment of this Act, the Administrator shall issue guidance and Guidance.
regulations implementing this section.
SEC. 1107. DIRECT APPROPRIATIONS. 15 USC 9006.
(a) IN GENERAL.—There is appropriated, out of amounts in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2020, to remain available until September 30, 2021,
for additional amounts—
(1) $349,000,000,000 under the heading ‘‘Small Business
Administration—Business Loans Program Account, CARES
Act’’ for the cost of guaranteed loans as authorized under para-
graph (36) of section 7(a) of the Small Business Act (15 U.S.C.
636(a)), as added by section 1102(a) of this Act;
(2) $675,000,000 under the heading ‘‘Small Business
Administration—Salaries and Expenses’’ for salaries and
expenses of the Administration;
(3) $25,000,000 under the heading ‘‘Small Business
Administration—Office of Inspector General’’, to remain avail-
able until September 30, 2024, for necessary expenses of the
Office of Inspector General of the Administration in carrying
out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.);
(4) $265,000,000 under the heading ‘‘Small Business
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Administration—Entrepreneurial Development Programs’’, of
which—
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134 STAT. 302 PUBLIC LAW 116–136—MAR. 27, 2020
(A) $240,000,000 shall be for carrying out section
1103(b) of this Act; and
(B) $25,000,000 shall be for carrying out section 1103(c)
of this Act;
(5) $10,000,000 under the heading ‘‘Department of Com-
merce—Minority Business Development Agency’’ for minority
business centers of the Minority Business Development Agency
to provide technical assistance to small business concerns;
(6) $10,000,000,000 under the heading ‘‘Small Business
Administration—Emergency EIDL Grants’’ shall be for carrying
out section 1110 of this Act;
(7) $17,000,000,000 under the heading ‘‘Small Business
Administration—Business Loans Program Account, CARES
Act’’ shall be for carrying out section 1112 of this Act; and
(8) $25,000,000 under the heading ‘‘Department of the
Treasury—Departmental Offices—Salaries and Expenses’’ shall
be for carrying out section 1109 of this Act.
Time period. (b) SECONDARY MARKET.—During the period beginning on the
date of enactment of this Act and ending on September 30, 2021,
guarantees of trust certificates authorized by section 5(g) of the
Small Business Act (15 U.S.C. 635(g)) shall not exceed a principal
amount of $100,000,000,000.
Expenditure (c) REPORTS.—Not later than 180 days after the date of enact-
plan. ment of this Act, the Administrator shall submit to the Committee
on Appropriations of the Senate and the Committee on Appropria-
tions of the House of Representatives a detailed expenditure plan
for using the amounts appropriated to the Administration under
subsection (a).
15 USC 9007. SEC. 1108. MINORITY BUSINESS DEVELOPMENT AGENCY.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘Agency’’ means the Minority Business
Development Agency of the Department of Commerce;
(2) the term ‘‘minority business center’’ means a Business
Center of the Agency;
(3) the term ‘‘minority business enterprise’’ means a for-
profit business enterprise—
(A) not less than 51 percent of which is owned by
1 or more socially disadvantaged individuals, as determined
by the Agency; and
(B) the management and daily business operations of
which are controlled by 1 or more socially disadvantaged
individuals, as determined by the Agency; and
(4) the term ‘‘minority chamber of commerce’’ means a
chamber of commerce developed specifically to support minority
business enterprises.
(b) EDUCATION, TRAINING, AND ADVISING GRANTS.—
(1) IN GENERAL.—The Agency may provide financial assist-
ance in the form of grants to minority business centers and
minority chambers of commerce to provide education, training,
and advising to minority business enterprises.
(2) USE OF FUNDS.—Grants under this section shall be
used for the education, training, and advising of minority busi-
ness enterprises and their employees on—
(A) accessing and applying for resources provided by
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the Agency and other Federal resources relating to access
to capital and business resiliency;
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 303
(B) the hazards and prevention of the transmission
and communication of COVID–19 and other communicable
diseases;
(C) the potential effects of COVID–19 on the supply
chains, distribution, and sale of products of minority busi-
ness enterprises and the mitigation of those effects;
(D) the management and practice of telework to reduce
possible transmission of COVID–19;
(E) the management and practice of remote customer
service by electronic or other means;
(F) the risks of and mitigation of cyber threats in
remote customer service or telework practices;
(G) the mitigation of the effects of reduced travel or
outside activities on minority business enterprises during
COVID–19 or similar occurrences; and
(H) any other relevant business practices necessary
to mitigate the economic effects of COVID–19 or similar
occurrences.
(3) NO MATCHING FUNDS REQUIRED.—Matching funds shall
not be required for any grant under this section.
(4) GOALS AND METRICS.—
(A) IN GENERAL.—Goals and metrics for the funds made
available under this section shall be jointly developed, nego-
tiated, and agreed upon, with full participation of both
parties, between the minority business centers, minority
chambers of commerce, and the Agency, which shall—
(i) take into consideration the extent of the cir-
cumstances relating to the spread of COVID–19, or
similar occurrences, that affect minority business
enterprises located in the areas covered by minority
business centers and minority chambers of commerce,
particularly in rural areas or economically distressed
areas;
(ii) generally follow the use of funds outlined in
paragraph (2), but shall not restrict the activities of
minority business centers and minority chambers of
commerce in responding to unique situations; and
(iii) encourage minority business centers and
minority chambers of commerce to develop and provide
services to minority business enterprises.
(B) PUBLIC AVAILABILITY.—The Agency shall make pub- Methodologies.
licly available the methodology by which the Agency,
minority business centers, and minority chambers of com-
merce jointly develop the metrics and goals described in
subparagraph (A).
(c) WAIVERS.— Time periods.
(1) IN GENERAL.—Notwithstanding any other provision of
law or regulation, the Agency may, during the 3-month period
that begins on the date of enactment of this Act, waive any
matching requirement imposed on a minority business center
or a specialty center of the Agency under a cooperative agree-
ment between such a center and the Agency if the applicable
center is unable to raise funds, or has suffered a loss of revenue,
because of the effects of COVID–19.
(2) REMAINING COMPLIANT.—Notwithstanding any provision
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of a cooperative agreement between the Agency and a minority
business center, if, during the period beginning on the date
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134 STAT. 304 PUBLIC LAW 116–136—MAR. 27, 2020
of enactment of this Act and ending on September 30, 2021,
such a center decides not to collect fees because of the economic
consequences of COVID–19, the center shall be considered to
be in compliance with that agreement if—
Notification. (A) the center notifies the Agency with respect to that
decision, which the center may provide through electronic
mail; and
Deadline. (B) the Agency, not later than 15 days after the date
on which the center provides notice to the Agency under
subparagraph (A)—
(i) confirms receipt of the notification under
subparagraph (A); and
(ii) accepts the decision of the center.
(d) REPORT.—Not later than 6 months after the date of enact-
ment of this Act, and annually thereafter, the Agency shall submit
to the Committee on Small Business and Entrepreneurship and
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Small Business and the Committee
on Energy and Commerce of the House of Representatives a report
that describes—
(1) with respect to the period covered by the initial report—
(A) the programs and services developed and provided
by the Agency, minority business centers, and minority
chambers of commerce under subsection (b); and
(B) the initial efforts to provide those services under
subsection (b); and
(2) with respect to subsequent years covered by the report—
(A) with respect to the grant program under subsection
(b)—
(i) the efforts of the Agency, minority business
centers, and minority chambers of commerce to develop
services to assist minority business enterprises;
(ii) the challenges faced by owners of minority
business enterprises in accessing services provided by
the Agency, minority business centers, and minority
chambers of commerce;
(iii) the number of unique minority business enter-
prises that were served by the Agency, minority busi-
ness centers, or minority chambers of commerce; and
(iv) other relevant outcome performance data with
respect to minority business enterprises, including the
number of employees affected, the effect on sales, the
disruptions of supply chains, and the efforts made by
the Agency, minority business centers, and minority
chambers of commerce to mitigate these effects .
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated $10,000,000 to carry out this section, to remain
available until expended.
15 USC 9008. SEC. 1109. UNITED STATES TREASURY PROGRAM MANAGEMENT
AUTHORITY.
(a) DEFINITIONS.—In this section—
(1) the terms ‘‘appropriate Federal banking agency’’ and
‘‘insured depository institution’’ have the meanings given those
whamilton on LAP1Z6H6L3PROD with STATUTES
terms in section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813);
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 305
(2) the term ‘‘insured credit union’’ has the meaning given
the term in section 101 of the Federal Credit Union Act (12
U.S.C. 1752); and
(3) the term ‘‘Secretary’’ means the Secretary of the
Treasury.
(b) AUTHORITY TO INCLUDE ADDITIONAL FINANCIAL INSTITU-
TIONS.—The Department of the Treasury, in consultation with the Consultation.
Administrator, and the Chairman of the Farm Credit Administra- Criteria.
tion shall establish criteria for insured depository institutions,
insured credit unions, institutions of the Farm Credit System char-
tered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.),
and other lenders that do not already participate in lending under
programs of the Administration, to participate in the paycheck
protection program to provide loans under this section until the
date on which the national emergency declared by the President
under the National Emergencies Act (50 U.S.C. 1601 et seq.) with
respect to the Coronavirus Disease 2019 (COVID–19) expires.
(c) SAFETY AND SOUNDNESS.—An insured depository institution, Determination.
insured credit union, institution of the Farm Credit System char- Consultation.
tered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.),
or other lender may only participate in the program established
under this section if participation does not affect the safety and
soundness of the institution or lender, as determined by the Sec-
retary in consultation with the appropriate Federal banking agen-
cies or the National Credit Union Administration Board, as
applicable.
(d) REGULATIONS FOR LENDERS AND LOANS.—
(1) IN GENERAL.—The Secretary may issue regulations and
guidance as necessary to carry out the purposes of this section,
including to—
(A) allow additional lenders to originate loans under
this section; and
(B) establish terms and conditions for loans under this
section, including terms and conditions concerning com-
pensation, underwriting standards, interest rates, and
maturity.
(2) REQUIREMENTS.—The terms and conditions established
under paragraph (1) shall provide for the following:
(A) A rate of interest that does not exceed the max-
imum permissible rate of interest available on a loan of
comparable maturity under paragraph (36) of section 7(a)
of the Small Business Act (15 U.S.C. 636(a)), as added
by section 1102 of this Act.
(B) Terms and conditions that, to the maximum extent
practicable, are consistent with the terms and conditions
required under the following provisions of paragraph (36)
of section 7(a) of the Small Business Act (15 U.S.C. 636(a)),
as added by section 1102 of this Act:
(i) Subparagraph (D), pertaining to borrower eligi-
bility.
(ii) Subparagraph (E), pertaining to the maximum
loan amount.
(iii) Subparagraph (F)(i), pertaining to allowable
uses of program loans.
(iv) Subparagraph (H), pertaining to fee waivers.
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(v) Subparagraph (M), pertaining to loan
deferment.
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134 STAT. 306 PUBLIC LAW 116–136—MAR. 27, 2020
(C) A guarantee percentage that, to the maximum
extent practicable, is consistent with the guarantee percent-
age required under subparagraph (F) of section 7(a)(2) of
the Small Business Act (15 U.S.C. 636(a)(2)), as added
by section 1102 of this Act.
(D) Loan forgiveness under terms and conditions that,
to the maximum extent practicable, is consistent with the
terms and conditions for loan forgiveness under section
1106 of this Act.
(e) ADDITIONAL REGULATIONS GENERALLY.—The Secretary may
issue regulations and guidance as necessary to carry out the pur-
poses of this section, including to allow additional lenders to origi-
nate loans under this title and to establish terms and conditions
such as compensation, underwriting standards, interest rates, and
maturity for under this section.
(f) CERTIFICATION.—As a condition of receiving a loan under
this section, a borrower shall certify under terms acceptable to
the Secretary that the borrower—
(1) does not have an application pending for a loan under
section 7(a) of the Small Business Act (15 U.S.C. 636(a)) for
the same purpose; and
Time period. (2) has not received such a loan during the period beginning
on February 15, 2020 and ending on December 31, 2020.
(g) OPT-IN FOR SBA QUALIFIED LENDERS.—Lenders qualified
to participate as a lender under 7(a) of the Small Business Act
(15 U.S.C. 636(a)) may elect to participate in the paycheck protec-
tion program under the criteria, terms, and conditions established
under this section. Such participation shall not preclude the lenders
from continuing participation as a lender under section 7(a) of
the Small Business Act (15 U.S.C. 636(a)).
(h) PROGRAM ADMINISTRATION.—With guidance from the Sec-
retary, the Administrator shall administer the program established
under this section, including the making and purchasing of guaran-
tees on loans under the program, until the date on which the
national emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the
Coronavirus Disease 2019 (COVID–19) expires.
(i) CRIMINAL PENALTIES.—A loan under this section shall be
deemed to be a loan under the Small Business Act (15 U.S.C.
631 et seq.) for purposes of section 16 of such Act (15 U.S.C.
645).
15 USC 9009. SEC. 1110. EMERGENCY EIDL GRANTS.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘covered period’’ means the period beginning
on January 31, 2020 and ending on December 31, 2020; and
(2) the term ‘‘eligible entity’’ means—
(A) a business with not more than 500 employees;
(B) any individual who operates under a sole
proprietorship, with or without employees, or as an inde-
pendent contractor;
(C) a cooperative with not more than 500 employees;
(D) an ESOP (as defined in section 3 of the Small
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Business Act (15 U.S.C. 632)) with not more than 500
employees; or
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 307
(E) a tribal small business concern, as described in
section 31(b)(2)(C) of the Small Business Act (15 U.S.C.
657a(b)(2)(C)), with not more than 500 employees.
(b) ELIGIBLE ENTITIES.—During the covered period, in addition
to small business concerns, private nonprofit organizations, and
small agricultural cooperatives, an eligible entity shall be eligible
for a loan made under section 7(b)(2) of the Small Business Act
(15 U.S.C. 636(b)(2)).
(c) TERMS; CREDIT ELSEWHERE.—With respect to a loan made Waiver authority.
under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2))
in response to COVID–19 during the covered period, the Adminis-
trator shall waive—
(1) any rules related the personal guarantee on advances
and loans of not more than $200,000 during the covered period
for all applicants;
(2) the requirement that an applicant needs to be in busi- Time period.
ness for the 1-year period before the disaster, except that no
waiver may be made for a business that was not in operation
on January 31, 2020; and
(3) the requirement in the flush matter following subpara-
graph (E) of section 7(b)(2) of the Small Business Act (15
U.S.C. 636(b)(2)), as so redesignated by subsection (f) of this
section, that an applicant be unable to obtain credit elsewhere.
(d) APPROVAL AND ABILITY TO REPAY FOR SMALL DOLLAR
LOANS.—With respect to a loan made under section 7(b)(2) of the
Small Business Act (15 U.S.C. 636(b)(2)) in response to COVID–
19 during the covered period, the Administrator may—
(1) approve an applicant based solely on the credit score
of the applicant and shall not require an applicant to submit
a tax return or a tax return transcript for such approval;
or
(2) use alternative appropriate methods to determine an
applicant’s ability to repay.
(e) EMERGENCY GRANT.—
(1) IN GENERAL.—During the covered period, an entity Deadline.
included for eligibility in subsection (b), including small busi-
ness concerns, private nonprofit organizations, and small agri-
cultural cooperatives, that applies for a loan under section
7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) in
response to COVID–19 may request that the Administrator
provide an advance that is, subject to paragraph (3), in the
amount requested by such applicant to such applicant within
3 days after the Administrator receives an application from
such applicant.
(2) VERIFICATION.—Before disbursing amounts under this
subsection, the Administrator shall verify that the applicant
is an eligible entity by accepting a self-certification from the
applicant under penalty of perjury pursuant to section 1746
of title 28 United States Code.
(3) AMOUNT.—The amount of an advance provided under
this subsection shall be not more than $10,000.
(4) USE OF FUNDS.—An advance provided under this sub-
section may be used to address any allowable purpose for
a loan made under section 7(b)(2) of the Small Business Act
(15 U.S.C. 636(b)(2)), including—
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(A) providing paid sick leave to employees unable to
work due to the direct effect of the COVID–19;
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134 STAT. 308 PUBLIC LAW 116–136—MAR. 27, 2020
(B) maintaining payroll to retain employees during
business disruptions or substantial slowdowns;
(C) meeting increased costs to obtain materials unavail-
able from the applicant’s original source due to interrupted
supply chains;
(D) making rent or mortgage payments; and
(E) repaying obligations that cannot be met due to
revenue losses.
(5) REPAYMENT.—An applicant shall not be required to
repay any amounts of an advance provided under this sub-
section, even if subsequently denied a loan under section 7(b)(2)
of the Small Business Act (15 U.S.C. 636(b)(2)).
(6) UNEMPLOYMENT GRANT.—If an applicant that receives
an advance under this subsection transfers into, or is approved
for, the loan program under section 7(a) of the Small Business
Act (15 U.S.C. 636(a)), the advance amount shall be reduced
from the loan forgiveness amount for a loan for payroll costs
made under such section 7(a).
(7) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Administration $10,000,000,000
to carry out this subsection.
(8) TERMINATION.—The authority to carry out grants under
this subsection shall terminate on December 31, 2020.
(f) EMERGENCIES INVOLVING FEDERAL PRIMARY RESPONSIBILITY
QUALIFYING FOR SBA ASSISTANCE.—Section 7(b)(2) of the Small
Business Act (15 U.S.C. 636(b)(2)) is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the end;
(2) in subparagraph (B), by striking ‘‘or’’ at the end;
(3) in subparagraph (C), by striking ‘‘or’’ at the end;
(4) by redesignating subparagraph (D) as subparagraph
(E);
(5) by inserting after subparagraph (C) the following:
‘‘(D) an emergency involving Federal primary responsi-
bility determined to exist by the President under the section
501(b) of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5191(b)); or’’; and
(6) in subparagraph (E), as so redesignated—
(A) by striking ‘‘or (C)’’ and inserting ‘‘(C), or (D)’’;
(B) by striking ‘‘disaster declaration’’ each place it
appears and inserting ‘‘disaster or emergency declaration’’;
(C) by striking ‘‘disaster has occurred’’ and inserting
‘‘disaster or emergency has occurred’’;
(D) by striking ‘‘such disaster’’ and inserting ‘‘such
disaster or emergency’’; and
(E) by striking ‘‘disaster stricken’’ and inserting
‘‘disaster- or emergency-stricken’’; and
(7) in the flush matter following subparagraph (E), as so
redesignated, by striking the period at the end and inserting
the following: ‘‘: Provided further, That for purposes of subpara-
graph (D), the Administrator shall deem that such an emer-
gency affects each State or subdivision thereof (including coun-
ties), and that each State or subdivision has sufficient economic
damage to small business concerns to qualify for assistance
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under this paragraph and the Administrator shall accept
applications for such assistance immediately.’’.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 309
SEC. 1111. RESOURCES AND SERVICES IN LANGUAGES OTHER THAN 15 USC 9010.
ENGLISH.
(a) IN GENERAL.—The Administrator shall provide the resources
and services made available by the Administration to small business
concerns in the 10 most commonly spoken languages, other than
English, in the United States, which shall include Mandarin, Can-
tonese, Japanese, and Korean.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Administrator $25,000,000 to carry out
this section.
SEC. 1112. SUBSIDY FOR CERTAIN LOAN PAYMENTS. 15 USC 9011.
(a) DEFINITION OF COVERED LOAN.—In this section, the term
‘‘covered loan’’ means a loan that is—
(1) guaranteed by the Administration under—
(A) section 7(a) of the Small Business Act (15 U.S.C.
636(a))—
(i) including a loan made under the Community
Advantage Pilot Program of the Administration; and
(ii) excluding a loan made under paragraph (36)
of such section 7(a), as added by section 1102; or
(B) title V of the Small Business Investment Act of
1958 (15 U.S.C. 695 et seq.); or
(2) made by an intermediary to a small business concern
using loans or grants received under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)).
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) all borrowers are adversely affected by COVID–19;
(2) relief payments by the Administration are appropriate
for all borrowers; and
(3) in addition to the relief provided under this Act, the
Administration should encourage lenders to provide payment
deferments, when appropriate, and to extend the maturity of
covered loans, so as to avoid balloon payments or any require-
ment for increases in debt payments resulting from deferments
provided by lenders during the period of the national emergency
declared by the President under the National Emergencies
Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus
Disease 2019 (COVID–19).
(c) PRINCIPAL AND INTEREST PAYMENTS.—
(1) IN GENERAL.—The Administrator shall pay the prin- Time periods.
cipal, interest, and any associated fees that are owed on a
covered loan in a regular servicing status—
(A) with respect to a covered loan made before the
date of enactment of this Act and not on deferment, for
the 6-month period beginning with the next payment due
on the covered loan;
(B) with respect to a covered loan made before the
date of enactment of this Act and on deferment, for the
6-month period beginning with the next payment due on
the covered loan after the deferment period; and
(C) with respect to a covered loan made during the
period beginning on the date of enactment of this Act
and ending on the date that is 6 months after such date
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of enactment, for the 6-month period beginning with the
first payment due on the covered loan.
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134 STAT. 310 PUBLIC LAW 116–136—MAR. 27, 2020
Deadline. (2) TIMING OF PAYMENT.—The Administrator shall begin
making payments under paragraph (1) on a covered loan not
later than 30 days after the date on which the first such
payment is due.
(3) APPLICATION OF PAYMENT.—Any payment made by the
Administrator under paragraph (1) shall be applied to the
covered loan such that the borrower is relieved of the obligation
to pay that amount.
Coordination. (d) OTHER REQUIREMENTS.—The Administrator shall—
(1) communicate and coordinate with the Federal Deposit
Insurance Corporation, the Office of the Comptroller of the
Currency, and State bank regulators to encourage those entities
to not require lenders to increase their reserves on account
of receiving payments made by the Administrator under sub-
section (c);
Waiver authority. (2) waive statutory limits on maximum loan maturities
Time period. for any covered loan durations where the lender provides a
deferral and extends the maturity of covered loans during the
1-year period following the date of enactment of this Act; and
Deadline. (3) when necessary to provide more time because of the
potential of higher volumes, travel restrictions, and the inability
to access some properties during the COVID–19 pandemic,
extend lender site visit requirements to—
(A) not more than 60 days (which may be extended
at the discretion of the Administration) after the occurrence
of an adverse event, other than a payment default, causing
a loan to be classified as in liquidation; and
(B) not more than 90 days after a payment default.
(e) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to limit the authority of the Administrator to make
payments pursuant to subsection (c) with respect to a covered
loan solely because the covered loan has been sold in the secondary
market.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Administrator $17,000,000,000 to carry
out this section.
SEC. 1113. BANKRUPTCY.
(a) SMALL BUSINESS DEBTOR REORGANIZATION.—
(1) IN GENERAL.—Section 1182(1) of title 11, United States
Code, is amended to read as follows:
Definition. ‘‘(1) DEBTOR.—The term ‘debtor’—
‘‘(A) subject to subparagraph (B), means a person
engaged in commercial or business activities (including
any affiliate of such person that is also a debtor under
this title and excluding a person whose primary activity
is the business of owning single asset real estate) that
has aggregate noncontingent liquidated secured and
unsecured debts as of the date of the filing of the petition
or the date of the order for relief in an amount not more
than $7,500,000 (excluding debts owed to 1 or more affili-
ates or insiders) not less than 50 percent of which arose
from the commercial or business activities of the debtor;
and
‘‘(B) does not include—
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‘‘(i) any member of a group of affiliated debtors
that has aggregate noncontingent liquidated secured
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 311
and unsecured debts in an amount greater than
$7,500,000 (excluding debt owed to 1 or more affiliates
or insiders);
‘‘(ii) any debtor that is a corporation subject to
the reporting requirements under section 13 or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m,
78o(d)); or
‘‘(iii) any debtor that is an affiliate of an issuer,
as defined in section 3 of the Securities Exchange
Act of 1934 (15 U.S.C. 78c).’’.
(2) APPLICABILITY OF CHAPTERS.—Section 103(i) of title 11,
United States Code, is amended by striking ‘‘small business
debtor’’ and inserting ‘‘debtor (as defined in section 1182)’’.
(3) APPLICATION OF AMENDMENT.—The amendment made 11 USC 1182
by paragraph (1) shall apply only with respect to cases com- note.
menced under title 11, United States Code, on or after the
date of enactment of this Act.
(4) TECHNICAL CORRECTIONS.—
(A) DEFINITION OF SMALL BUSINESS DEBTOR.—Section
101(51D)(B)(iii) of title 11, United States Code, is amended
to read as follows:
‘‘(iii) any debtor that is an affiliate of an issuer
(as defined in section 3 of the Securities Exchange
Act of 1934 (15 U.S.C. 78c)).’’.
(B) UNCLAIMED PROPERTY.—Section 347(b) of title 11,
United States Code, is amended by striking ‘‘1194’’ and
inserting ‘‘1191’’.
(5) SUNSET.—On the date that is 1 year after the date 11 USC 1182
of enactment of this Act, section 1182(1) of title 11, United note.
States Code, is amended to read as follows:
‘‘(1) DEBTOR.—The term ‘debtor’ means a small business Definition.
debtor.’’.
(b) BANKRUPTCY RELIEF.—
(1) IN GENERAL.—
(A) EXCLUSION FROM CURRENT MONTHLY INCOME.—Sec-
tion 101(10A)(B)(ii) of title 11, United States Code, is
amended—
(i) in subclause (III), by striking ‘‘; and’’ and
inserting a semicolon;
(ii) in subclause (IV), by striking the period at
the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(V) Payments made under Federal law
relating to the national emergency declared by
the President under the National Emergencies Act
(50 U.S.C. 1601 et seq.) with respect to the
coronavirus disease 2019 (COVID–19).’’.
(B) CONFIRMATION OF PLAN.—Section 1325(b)(2) of title
11, United States Code, is amended by inserting ‘‘payments
made under Federal law relating to the national emergency
declared by the President under the National Emergencies
Act (50 U.S.C. 1601 et seq.) with respect to the coronavirus
disease 2019 (COVID–19),’’ after ‘‘other than’’.
(C) MODIFICATION OF PLAN AFTER CONFIRMATION.—Sec-
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tion 1329 of title 11, United States Code, is amended by
adding at end the following:
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134 STAT. 312 PUBLIC LAW 116–136—MAR. 27, 2020
‘‘(d)(1) Subject to paragraph (3), for a plan confirmed prior
to the date of enactment of this subsection, the plan may be modified
upon the request of the debtor if—
‘‘(A) the debtor is experiencing or has experienced a mate-
rial financial hardship due, directly or indirectly, to the
coronavirus disease 2019 (COVID–19) pandemic; and
‘‘(B) the modification is approved after notice and a hearing.
Time period. ‘‘(2) A plan modified under paragraph (1) may not provide
for payments over a period that expires more than 7 years after
the time that the first payment under the original confirmed plan
was due.
‘‘(3) Sections 1322(a), 1322(b), 1323(c), and the requirements
of section 1325(a) shall apply to any modification under paragraph
(1).’’.
(D) APPLICABILITY.—
11 USC 101 note. (i) The amendments made by subparagraphs (A)
and (B) shall apply to any case commenced before,
on, or after the date of enactment of this Act.
11 USC 1329 (ii) The amendment made by subparagraph (C)
note. shall apply to any case for which a plan has been
confirmed under section 1325 of title 11, United States
Code, before the date of enactment of this Act.
(2) SUNSET.—
(A) IN GENERAL.—
(i) EXCLUSION FROM CURRENT MONTHLY INCOME.—
Section 101(10A)(B)(ii) of title 11, United States Code,
is amended—
(I) in subclause (III), by striking the semicolon
at the end and inserting ‘‘; and’’;
(II) in subclause (IV), by striking ‘‘; and’’ and
inserting a period; and
(III) by striking subclause (V).
(ii) CONFIRMATION OF PLAN.—Section 1325(b)(2) of
title 11, United States Code, is amended by striking
‘‘payments made under Federal law relating to the
national emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 et seq.)
with respect to the coronavirus disease 2019 (COVID–
19),’’.
(iii) MODIFICATION OF PLAN AFTER CONFIRMA-
TION.—Section 1329 of title 11, United States Code,
is amended by striking subsection (d).
11 USC 101 note. (B) EFFECTIVE DATE.—The amendments made by
subparagraph (A) shall take effect on the date that is
1 year after the date of enactment of this Act.
Deadline. SEC. 1114. EMERGENCY RULEMAKING AUTHORITY.
15 USC 9012.
Not later than 15 days after the date of enactment of this
Act, the Administrator shall issue regulations to carry out this
title and the amendments made by this title without regard to
the notice requirements under section 553(b) of title 5, United
States Code.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 313
TITLE II—ASSISTANCE FOR AMERICAN
WORKERS, FAMILIES, AND BUSINESSES
Subtitle A—Unemployment Insurance Relief for
Workers Affected
Provisions by Coronavirus
Act.
SEC. 2101. SHORT TITLE. 15 USC 9001
note.
This subtitle may be cited as the ‘‘Relief for Workers Affected
by Coronavirus Act’’.
SEC. 2102. PANDEMIC UNEMPLOYMENT ASSISTANCE. 15 USC 9021.
(a) DEFINITIONS.—In this section:
(1) COVID–19.—The term ‘‘COVID–19’’ means the 2019
Novel Coronavirus or 2019-nCoV.
(2) COVID–19 PUBLIC HEALTH EMERGENCY.—The term
‘‘COVID–19 public health emergency’’ means the public health
emergency declared by the Secretary of Health and Human
Services on January 27, 2020, with respect to the 2019 Novel
Coronavirus.
(3) COVERED INDIVIDUAL.—The term ‘‘covered individual’’—
(A) means an individual who—
(i) is not eligible for regular compensation or
extended benefits under State or Federal law or pan-
demic emergency unemployment compensation under
section 2107, including an individual who has
exhausted all rights to regular unemployment or
extended benefits under State or Federal law or pan-
demic emergency unemployment compensation under
section 2107; and
(ii) provides self-certification that the individual—
(I) is otherwise able to work and available
for work within the meaning of applicable State
law, except the individual is unemployed, partially
unemployed, or unable or unavailable to work
because—
(aa) the individual has been diagnosed
with COVID–19 or is experiencing symptoms
of COVID–19 and seeking a medical diagnosis;
(bb) a member of the individual’s house-
hold has been diagnosed with COVID–19;
(cc) the individual is providing care for
a family member or a member of the individ-
ual’s household who has been diagnosed with
COVID–19;
(dd) a child or other person in the house-
hold for which the individual has primary
caregiving responsibility is unable to attend
school or another facility that is closed as a
direct result of the COVID–19 public health
emergency and such school or facility care is
required for the individual to work;
(ee) the individual is unable to reach the
place of employment because of a quarantine
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imposed as a direct result of the COVID–19
public health emergency;
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134 STAT. 314 PUBLIC LAW 116–136—MAR. 27, 2020
(ff) the individual is unable to reach the
place of employment because the individual
has been advised by a health care provider
to self-quarantine due to concerns related to
COVID–19;
(gg) the individual was scheduled to com-
mence employment and does not have a job
or is unable to reach the job as a direct result
of the COVID–19 public health emergency;
(hh) the individual has become the bread-
winner or major support for a household
because the head of the household has died
as a direct result of COVID–19;
(ii) the individual has to quit his or her
job as a direct result of COVID–19;
(jj) the individual’s place of employment
is closed as a direct result of the COVID–
19 public health emergency; or
(kk) the individual meets any additional
criteria established by the Secretary for
unemployment assistance under this section;
or
(II) is self-employed, is seeking part-time
employment, does not have sufficient work history,
or otherwise would not qualify for regular
unemployment or extended benefits under State
or Federal law or pandemic emergency unemploy-
ment compensation under section 2107 and meets
the requirements of subclause (I); and
(B) does not include—
(i) an individual who has the ability to telework
with pay; or
(ii) an individual who is receiving paid sick leave
or other paid leave benefits, regardless of whether
the individual meets a qualification described in items
(aa) through (kk) of subparagraph (A)(i)(I).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Labor.
(5) STATE.—The term ‘‘State’’ includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Federated States of Micronesia,
the Republic of the Marshall Islands, and the Republic of Palau.
(b) ASSISTANCE FOR UNEMPLOYMENT AS A RESULT OF COVID–
19.—Subject to subsection (c), the Secretary shall provide to any
covered individual unemployment benefit assistance while such
individual is unemployed, partially unemployed, or unable to work
for the weeks of such unemployment with respect to which the
individual is not entitled to any other unemployment compensation
(as that term is defined in section 85(b) of title 26, United States
Code) or waiting period credit.
(c) APPLICABILITY.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
assistance authorized under subsection (b) shall be available
to a covered individual—
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Time period. (A) for weeks of unemployment, partial unemployment,
or inability to work caused by COVID–19—
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 315
(i) beginning on or after January 27, 2020; and
(ii) ending on or before December 31, 2020; and
(B) subject to subparagraph (A)(ii), as long as the cov-
ered individual’s unemployment, partial unemployment, or
inability to work caused by COVID–19 continues.
(2) LIMITATION ON DURATION OF ASSISTANCE.—The total
number of weeks for which a covered individual may receive
assistance under this section shall not exceed 39 weeks and
such total shall include any week for which the covered indi-
vidual received regular compensation or extended benefits
under any Federal or State law, except that if after the date
of enactment of this Act, the duration of extended benefits
is extended, the 39-week period described in this paragraph
shall be extended by the number of weeks that is equal to
the number of weeks by which the extended benefits were
extended.
(3) ASSISTANCE FOR UNEMPLOYMENT BEFORE DATE OF
ENACTMENT.—The Secretary shall establish a process for Time period.
making assistance under this section available for weeks begin-
ning on or after January 27, 2020, and before the date of
enactment of this Act.
(d) AMOUNT OF ASSISTANCE.—
(1) IN GENERAL.—The assistance authorized under sub-
section (b) for a week of unemployment, partial unemployment,
or inability to work shall be—
(A)(i) the weekly benefit amount authorized under the
unemployment compensation law of the State where the
covered individual was employed, except that the amount
may not be less than the minimum weekly benefit amount
described in section 625.6 of title 20, Code of Federal Regu-
lations, or any successor thereto; and
(ii) the amount of Federal Pandemic Unemployment
Compensation under section 2104; and
(B) in the case of an increase of the weekly benefit
amount after the date of enactment of this Act, increased
in an amount equal to such increase.
(2) CALCULATIONS OF AMOUNTS FOR CERTAIN COVERED
INDIVIDUALS.—In the case of a covered individual who is self-
employed, who lives in a territory described in subsection (c)
or (d) of section 625.6 of title 20, Code of Federal Regulations,
or who would not otherwise qualify for unemployment com-
pensation under State law, the assistance authorized under
subsection (b) for a week of unemployment shall be calculated
in accordance with section 625.6 of title 20, Code of Federal
Regulations, or any successor thereto, and shall be increased
by the amount of Federal Pandemic Unemployment Compensa-
tion under section 2104.
(3) ALLOWABLE METHODS OF PAYMENT.—Any assistance pro-
vided for in accordance with paragraph (1)(A)(ii) shall be pay-
able either—
(A) as an amount which is paid at the same time
and in the same manner as the assistance provided for
in paragraph (1)(A)(i) is payable for the week involved;
or
(B) at the option of the State, by payments which
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are made separately from, but on the same weekly basis
as, any assistance provided for in paragraph (1)(A)(i).
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134 STAT. 316 PUBLIC LAW 116–136—MAR. 27, 2020
(e) WAIVER OF STATE REQUIREMENT.—Notwithstanding State
law, for purposes of assistance authorized under this section, com-
pensation under this Act shall be made to an individual otherwise
eligible for such compensation without any waiting period.
(f) AGREEMENTS WITH STATES.—
(1) IN GENERAL.—The Secretary shall provide the assistance
authorized under subsection (b) through agreements with
States which, in the judgment of the Secretary, have an ade-
quate system for administering such assistance through
existing State agencies.
(2) PAYMENTS TO STATES.—There shall be paid to each
State which has entered into an agreement under this sub-
section an amount equal to 100 percent of—
(A) the total amount of assistance provided by the
State pursuant to such agreement; and
(B) any additional administrative expenses incurred
by the State by reason of such agreement (as determined
by the Secretary), including any administrative expenses
necessary to facilitate processing of applications for assist-
ance under this section online or by telephone rather than
in-person.
Reimbursement. (3) TERMS OF PAYMENTS.—Sums payable to any State by
Determination. reason of such State’s having an agreement under this sub-
Estimate. section shall be payable, either in advance or by way of
reimbursement (as determined by the Secretary), in such
amounts as the Secretary estimates the State will be entitled
to receive under this subsection for each calendar month,
reduced or increased, as the case may be, by any amount
by which the Secretary finds that his estimates for any prior
calendar month were greater or less than the amounts which
should have been paid to the State. Such estimates may be
made on the basis of such statistical, sampling, or other method
as may be agreed upon by the Secretary and the State agency
of the State involved.
(g) FUNDING.—
(1) ASSISTANCE.—
(A) IN GENERAL.—Funds in the extended unemploy-
ment compensation account (as established by section
905(a) of the Social Security Act (42 U.S.C. 1105(a)) of
the Unemployment Trust Fund (as established by section
904(a) of such Act (42 U.S.C. 1104(a)) shall be used to
make payments to States pursuant to subsection (f)(2)(A).
(B) TRANSFER OF FUNDS.—Notwithstanding any other
provision of law, the Secretary of the Treasury shall
transfer from the general fund of the Treasury (from funds
not otherwise appropriated) to the extended unemployment
compensation account such sums as the Secretary of Labor
estimates to be necessary to make payments described
in subparagraph (A). There are appropriated from the gen-
eral fund of the Treasury, without fiscal year limitation,
the sums referred to in the preceding sentence and such
sums shall not be required to be repaid.
(2) ADMINISTRATIVE EXPENSES.—
(A) IN GENERAL.—Funds in the employment security
administration account (as established by section 901(a)
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of the Social Security Act (42 U.S.C. 1105(a)) of the
Unemployment Trust Fund (as established by section
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 317
904(a) of such Act (42 U.S.C. 1104(a)) shall be used to
make payments to States pursuant to subsection (f)(2)(B).
(B) TRANSFER OF FUNDS.—Notwithstanding any other
provision of law, the Secretary of the Treasury shall
transfer from the general fund of the Treasury (from funds
not otherwise appropriated) to the employment security
administration account such sums as the Secretary of Labor
estimates to be necessary to make payments described
in subparagraph (A). There are appropriated from the gen-
eral fund of the Treasury, without fiscal year limitation,
the sums referred to in the preceding sentence and such
sums shall not be required to be repaid.
(3) CERTIFICATIONS.—The Secretary of Labor shall from
time to time certify to the Secretary of the Treasury for payment
to each State the sums payable to such State under paragraphs
(1) and (2).
(h) RELATIONSHIP BETWEEN PANDEMIC UNEMPLOYMENT ASSIST-
ANCE AND DISASTER UNEMPLOYMENT ASSISTANCE.—Except as other- Applicability.
wise provided in this section or to the extent there is a conflict Definitions.
between this section and section 625 of title 20, Code of Federal
Regulations, such section 625 shall apply to this section as if—
(1) the term ‘‘COVID–19 public health emergency’’ were
substituted for the term ‘‘major disaster’’ each place it appears
in such section 625; and
(2) the term ‘‘pandemic’’ were substituted for the term
‘‘disaster’’ each place it appears in such section 625.
SEC. 2103. EMERGENCY UNEMPLOYMENT RELIEF FOR GOVERN- 15 USC 9022.
MENTAL ENTITIES AND NONPROFIT ORGANIZATIONS.
(a) FLEXIBILITY IN PAYING REIMBURSEMENT.—The Secretary of
Labor may issue clarifying guidance to allow States to interpret
their State unemployment compensation laws in a manner that
would provide maximum flexibility to reimbursing employers as
it relates to timely payment and assessment of penalties and
interest pursuant to such State laws.
(b) FEDERAL FUNDING.—Section 903 of the Social Security Act
(42 U.S.C. 1103) is amended by adding at the end the following:
‘‘Transfers for Federal Reimbursement of State Unemployment
Funds
‘‘(i)(1)(A) In addition to any other amounts, the Secretary of
Labor shall provide for the transfer of funds during the applicable
period to the accounts of the States in the Unemployment Trust
Fund, by transfer from amounts reserved for that purpose in the
Federal unemployment account, in accordance with the succeeding
provisions of this subsection.
‘‘(B) The amount of funds transferred to the account of a State
under subparagraph (A) during the applicable period shall, as deter-
mined by the Secretary of Labor, be equal to one-half of the amounts
of compensation (as defined in section 3306(h) of the Internal Rev-
enue Code of 1986) attributable under the State law to service
to which section 3309(a)(1) of such Code applies that were paid
by the State for weeks of unemployment beginning and ending
during such period. Such transfers shall be made at such times
as the Secretary of Labor considers appropriate.
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‘‘(C) Notwithstanding any other law, funds transferred to the
account of a State under subparagraph (A) shall be used exclusively
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134 STAT. 318 PUBLIC LAW 116–136—MAR. 27, 2020
to reimburse governmental entities and other organizations
described in section 3309(a)(2) of such Code for amounts paid (in
lieu of contributions) into the State unemployment fund pursuant
to such section.
Definition. ‘‘(D) For purposes of this paragraph, the term ‘applicable period’
Time period. means the period beginning on March 13, 2020, and ending on
December 31, 2020.
‘‘(2)(A) Notwithstanding any other provision of law, the Sec-
retary of the Treasury shall transfer from the general fund of
the Treasury (from funds not otherwise appropriated) to the Federal
unemployment account such sums as the Secretary of Labor esti-
mates to be necessary for purposes of making the transfers
described in paragraph (1).
‘‘(B) There are appropriated from the general fund of the
Treasury, without fiscal year limitation, the sums referred to in
subparagraph (A) and such sums shall not be required to be
repaid.’’.
15 USC 9023. SEC. 2104. EMERGENCY INCREASE IN UNEMPLOYMENT COMPENSA-
TION BENEFITS.
(a) FEDERAL-STATE AGREEMENTS.—Any State which desires to
do so may enter into and participate in an agreement under this
section with the Secretary of Labor (in this section referred to
Time period. as the ‘‘Secretary’’). Any State which is a party to an agreement
Notification. under this section may, upon providing 30 days’ written notice
to the Secretary, terminate such agreement.
(b) PROVISIONS OF AGREEMENT.—
(1) FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION.—
Any agreement under this section shall provide that the State
agency of the State will make payments of regular compensa-
tion to individuals in amounts and to the extent that they
would be determined if the State law of the State were applied,
with respect to any week for which the individual is (dis-
regarding this section) otherwise entitled under the State law
to receive regular compensation, as if such State law had been
modified in a manner such that the amount of regular com-
pensation (including dependents’ allowances) payable for any
week shall be equal to—
(A) the amount determined under the State law (before
the application of this paragraph), plus
(B) an additional amount of $600 (in this section
referred to as ‘‘Federal Pandemic Unemployment Com-
pensation’’).
(2) ALLOWABLE METHODS OF PAYMENT.—Any Federal Pan-
demic Unemployment Compensation provided for in accordance
with paragraph (1) shall be payable either—
(A) as an amount which is paid at the same time
and in the same manner as any regular compensation
otherwise payable for the week involved; or
(B) at the option of the State, by payments which
are made separately from, but on the same weekly basis
as, any regular compensation otherwise payable.
(c) NONREDUCTION RULE.—
Determination. (1) IN GENERAL.—An agreement under this section shall
not apply (or shall cease to apply) with respect to a State
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upon a determination by the Secretary that the method gov-
erning the computation of regular compensation under the State
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 319
law of that State has been modified in a manner such that
the number of weeks (the maximum benefit entitlement), or
the average weekly benefit amount, of regular compensation
which will be payable during the period of the agreement
(determined disregarding any Federal Pandemic Unemploy-
ment Compensation) will be less than the number of weeks,
or the average weekly benefit amount, of the average weekly
benefit amount of regular compensation which would otherwise
have been payable during such period under the State law,
as in effect on January 1, 2020.
(2) MAXIMUM BENEFIT ENTITLEMENT.—In paragraph (1), the Definition.
term ‘‘maximum benefit entitlement’’ means the amount of
regular unemployment compensation payable to an individual
with respect to the individual’s benefit year.
(d) PAYMENTS TO STATES.—
(1) IN GENERAL.—
(A) FULL REIMBURSEMENT.—There shall be paid to each
State which has entered into an agreement under this
section an amount equal to 100 percent of—
(i) the total amount of Federal Pandemic
Unemployment Compensation paid to individuals by
the State pursuant to such agreement; and
(ii) any additional administrative expenses Determination.
incurred by the State by reason of such agreement
(as determined by the Secretary).
(B) TERMS OF PAYMENTS.—Sums payable to any State Reimbursement.
by reason of such State’s having an agreement under this Determination.
section shall be payable, either in advance or by way of Estimate.
reimbursement (as determined by the Secretary), in such
amounts as the Secretary estimates the State will be enti-
tled to receive under this section for each calendar month,
reduced or increased, as the case may be, by any amount
by which the Secretary finds that his estimates for any
prior calendar month were greater or less than the amounts
which should have been paid to the State. Such estimates
may be made on the basis of such statistical, sampling,
or other method as may be agreed upon by the Secretary
and the State agency of the State involved.
(2) CERTIFICATIONS.—The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(3) APPROPRIATION.—There are appropriated from the gen-
eral fund of the Treasury, without fiscal year limitation, such
sums as may be necessary for purposes of this subsection.
(e) APPLICABILITY.—An agreement entered into under this sec- Time period.
tion shall apply to weeks of unemployment—
(1) beginning after the date on which such agreement is
entered into; and
(2) ending on or before July 31, 2020.
(f) FRAUD AND OVERPAYMENTS.—
(1) IN GENERAL.—If an individual knowingly has made,
or caused to be made by another, a false statement or represen-
tation of a material fact, or knowingly has failed, or caused
whamilton on LAP1Z6H6L3PROD with STATUTES
another to fail, to disclose a material fact, and as a result
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134 STAT. 320 PUBLIC LAW 116–136—MAR. 27, 2020
of such false statement or representation or of such nondisclo-
sure such individual has received an amount of Federal Pan-
demic Unemployment Compensation to which such individual
was not entitled, such individual—
(A) shall be ineligible for further Federal Pandemic
Unemployment Compensation in accordance with the provi-
sions of the applicable State unemployment compensation
law relating to fraud in connection with a claim for
unemployment compensation; and
(B) shall be subject to prosecution under section 1001
of title 18, United States Code.
(2) REPAYMENT.—In the case of individuals who have
received amounts of Federal Pandemic Unemployment Com-
pensation to which they were not entitled, the State shall
require such individuals to repay the amounts of such Federal
Pandemic Unemployment Compensation to the State agency,
except that the State agency may waive such repayment if
it determines that—
(A) the payment of such Federal Pandemic Unemploy-
ment Compensation was without fault on the part of any
such individual; and
(B) such repayment would be contrary to equity and
good conscience.
(3) RECOVERY BY STATE AGENCY.—
Time period. (A) IN GENERAL.—The State agency shall recover the
amount to be repaid, or any part thereof, by deductions
from any Federal Pandemic Unemployment Compensation
payable to such individual or from any unemployment com-
pensation payable to such individual under any State or
Federal unemployment compensation law administered by
the State agency or under any other State or Federal
law administered by the State agency which provides for
the payment of any assistance or allowance with respect
to any week of unemployment, during the 3-year period
after the date such individuals received the payment of
the Federal Pandemic Unemployment Compensation to
which they were not entitled, in accordance with the same
procedures as apply to the recovery of overpayments of
regular unemployment benefits paid by the State.
Determination. (B) OPPORTUNITY FOR HEARING.—No repayment shall
Notification. be required, and no deduction shall be made, until a deter-
mination has been made, notice thereof and an opportunity
for a fair hearing has been given to the individual, and
the determination has become final.
Determination. (4) REVIEW.—Any determination by a State agency under
this section shall be subject to review in the same manner
and to the same extent as determinations under the State
unemployment compensation law, and only in that manner
and to that extent.
(g) APPLICATION TO OTHER UNEMPLOYMENT BENEFITS.—Each
agreement under this section shall include provisions to provide
that the purposes of the preceding provisions of this section shall
be applied with respect to unemployment benefits described in
subsection (i)(2) to the same extent and in the same manner as
if those benefits were regular compensation.
whamilton on LAP1Z6H6L3PROD with STATUTES
(h) DISREGARD OF ADDITIONAL COMPENSATION FOR PURPOSES
OF MEDICAID AND CHIP.—The monthly equivalent of any Federal
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 321
pandemic unemployment compensation paid to an individual under
this section shall be disregarded when determining income for any
purpose under the programs established under titles XIX and title
XXI of the Social Security Act (42 U.S.C. 1396 et seq., 1397aa
et seq.) .
(i) DEFINITIONS.—For purposes of this section—
(1) the terms ‘‘compensation’’, ‘‘regular compensation’’, ‘‘ben-
efit year’’, ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’
have the respective meanings given such terms under section
205 of the Federal-State Extended Unemployment Compensa-
tion Act of 1970 (26 U.S.C. 3304 note); and
(2) any reference to unemployment benefits described in
this paragraph shall be considered to refer to—
(A) extended compensation (as defined by section 205
of the Federal-State Extended Unemployment Compensa-
tion Act of 1970);
(B) regular compensation (as defined by section 85(b)
of the Internal Revenue Code of 1986) provided under
any program administered by a State under an agreement
with the Secretary;
(C) pandemic unemployment assistance under section
2102; and
(D) pandemic emergency unemployment compensation
under section 2107.
SEC. 2105. TEMPORARY FULL FEDERAL FUNDING OF THE FIRST WEEK 15 USC 9024.
OF COMPENSABLE REGULAR UNEMPLOYMENT FOR
STATES WITH NO WAITING WEEK.
(a) FEDERAL-STATE AGREEMENTS.—Any State which desires to
do so may enter into and participate in an agreement under this
section with the Secretary of Labor (in this section referred to
as the ‘‘Secretary’’). Any State which is a party to an agreement Time period.
under this section may, upon providing 30 days’ written notice Notice.
to the Secretary, terminate such agreement.
(b) REQUIREMENT THAT STATE LAW DOES NOT APPLY A WAITING
WEEK.—A State is eligible to enter into an agreement under this
section if the State law (including a waiver of State law) provides
that compensation is paid to individuals for their first week of
regular unemployment without a waiting week. An agreement Determination.
under this section shall not apply (or shall cease to apply) with
respect to a State upon a determination by the Secretary that
the State law no longer meets the requirement under the preceding
sentence.
(c) PAYMENTS TO STATES.— Determinations.
(1) FULL REIMBURSEMENT.—There shall be paid to each
State which has entered into an agreement under this section
an amount equal to 100 percent of—
(A) the total amount of regular compensation paid
to individuals by the State for their first week of regular
unemployment; and
(B) any additional administrative expenses incurred
by the State by reason of such agreement (as determined
by the Secretary).
(2) TERMS OF PAYMENTS.—Sums payable to any State by
reason of such State’s having an agreement under this section
whamilton on LAP1Z6H6L3PROD with STATUTES
shall be payable, either in advance or by way of reimbursement
(as determined by the Secretary), in such amounts as the
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134 STAT. 322 PUBLIC LAW 116–136—MAR. 27, 2020
Secretary estimates the State will be entitled to receive under
this section for each calendar month, reduced or increased,
as the case may be, by any amount by which the Secretary
finds that his estimates for any prior calendar month were
greater or less than the amounts which should have been
paid to the State. Such estimates may be made on the basis
of such statistical, sampling, or other method as may be agreed
upon by the Secretary and the State agency of the State
involved.
(d) FUNDING.—
(1) COMPENSATION.—
(A) IN GENERAL.—Funds in the Federal unemployment
account (as established by section 905(g)) of the Unemploy-
ment Trust Fund (as established by section 904(a)) shall
be used to make payments under subsection (c)(1)(A).
(B) TRANSFER OF FUNDS.—Notwithstanding any other
provision of law, the Secretary of the Treasury shall
transfer from the general fund of the Treasury (from funds
not otherwise appropriated) to the Federal unemployment
account such sums as the Secretary of Labor estimates
to be necessary to make payments described in subpara-
graph (A). There are appropriated from the general fund
of the Treasury, without fiscal year limitation, the sums
referred to in the preceding sentence and such sums shall
not be required to be repaid.
(2) ADMINISTRATIVE EXPENSES.—
(A) IN GENERAL.—Funds in the employment security
administration account (as established by section 901(a)
of the Social Security Act (42 U.S.C. 1105(a)) of the
Unemployment Trust Fund (as established by section
904(a) of such Act (42 U.S.C. 1104(a)) shall be used to
make payments to States pursuant to subsection (c)(1)(B).
(B) TRANSFER OF FUNDS.—Notwithstanding any other
provision of law, the Secretary of the Treasury shall
transfer from the general fund of the Treasury (from funds
not otherwise appropriated) to the employment security
administration account such sums as the Secretary of Labor
estimates to be necessary to make payments described
in subparagraph (A). There are appropriated from the gen-
eral fund of the Treasury, without fiscal year limitation,
the sums referred to in the preceding sentence and such
sums shall not be required to be repaid.
(3) CERTIFICATIONS.—The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
Time period. (e) APPLICABILITY.—An agreement entered into under this sec-
tion shall apply to weeks of unemployment—
(1) beginning after the date on which such agreement is
entered into; and
(2) ending on or before December 31, 2020.
Applicability. (f) FRAUD AND OVERPAYMENTS.—The provisions of section
2107(e) shall apply with respect to compensation paid under an
agreement under this section to the same extent and in the same
manner as in the case of pandemic emergency unemployment com-
pensation under such section.
whamilton on LAP1Z6H6L3PROD with STATUTES
(g) DEFINITIONS.—For purposes of this section, the terms ‘‘reg-
ular compensation’’, ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 323
have the respective meanings given such terms under section 205
of the Federal-State Extended Unemployment Compensation Act
of 1970 (26 U.S.C. 3304 note).
SEC. 2106. EMERGENCY STATE STAFFING FLEXIBILITY.
Section 4102(b) of the Emergency Unemployment Stabilization
and Access Act of 2020 (contained in division D of the Families
First Coronavirus Response Act) is amended— Ante, p. 194.
(1) by striking ‘‘or employer experience rating’’ and
inserting ‘‘employer experience rating, or, subject to the suc-
ceeding sentence, personnel standards on a merit basis’’; and
(2) by adding at the end the following new sentence: ‘‘The Termination
emergency flexibility for personnel standards on a merit basis date.
shall only apply through December 31, 2020, and is limited
to engaging of temporary staff, rehiring of retirees or former
employees on a non-competitive basis, and other temporary
actions to quickly process applications and claims.’’.
SEC. 2107. PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION. 15 USC 9025.
(a) FEDERAL-STATE AGREEMENTS.—
(1) IN GENERAL.—Any State which desires to do so may
enter into and participate in an agreement under this section
with the Secretary of Labor (in this section referred to as
the ‘‘Secretary’’). Any State which is a party to an agreement Time period.
under this section may, upon providing 30 days’ written notice Notification.
to the Secretary, terminate such agreement.
(2) PROVISIONS OF AGREEMENT.—Any agreement under
paragraph (1) shall provide that the State agency of the State
will make payments of pandemic emergency unemployment
compensation to individuals who—
(A) have exhausted all rights to regular compensation
under the State law or under Federal law with respect
to a benefit year (excluding any benefit year that ended
before July1, 2019);
(B) have no rights to regular compensation with respect
to a week under such law or any other State unemployment
compensation law or to compensation under any other Fed-
eral law;
(C) are not receiving compensation with respect to
such week under the unemployment compensation law of
Canada; and
(D) are able to work, available to work, and actively
seeking work.
(3) EXHAUSTION OF BENEFITS.—For purposes of paragraph
(2)(A), an individual shall be deemed to have exhausted such
individual’s rights to regular compensation under a State law
when—
(A) no payments of regular compensation can be made
under such law because such individual has received all
regular compensation available to such individual based
on employment or wages during such individual’s base
period; or
(B) such individual’s rights to such compensation have
been terminated by reason of the expiration of the benefit
year with respect to which such rights existed.
whamilton on LAP1Z6H6L3PROD with STATUTES
(4) WEEKLY BENEFIT AMOUNT, ETC.—For purposes of any
agreement under this section—
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134 STAT. 324 PUBLIC LAW 116–136—MAR. 27, 2020
(A) the amount of pandemic emergency unemployment
compensation which shall be payable to any individual
for any week of total unemployment shall be equal to—
(i) the amount of the regular compensation
(including dependents’ allowances) payable to such
individual during such individual’s benefit year under
the State law for a week of total unemployment; and
(ii) the amount of Federal Pandemic Unemploy-
ment Compensation under section 2104;
(B) the terms and conditions of the State law which
apply to claims for regular compensation and to the pay-
ment thereof (including terms and conditions relating to
availability for work, active search for work, and refusal
to accept work) shall apply to claims for pandemic emer-
gency unemployment compensation and the payment
thereof, except where otherwise inconsistent with the provi-
sions of this section or with the regulations or operating
instructions of the Secretary promulgated to carry out this
section;
(C) the maximum amount of pandemic emergency
unemployment compensation payable to any individual for
whom an pandemic emergency unemployment compensa-
tion account is established under subsection (b) shall not
exceed the amount established in such account for such
individual; and
(D) the allowable methods of payment under section
2104(b)(2) shall apply to payments of amounts described
in subparagraph (A)(ii).
Applicability. (5) COORDINATION RULE.—An agreement under this section
Determination. shall apply with respect to a State only upon a determination
by the Secretary that, under the State law or other applicable
rules of such State, the payment of extended compensation
for which an individual is otherwise eligible must be deferred
until after the payment of any pandemic emergency unemploy-
ment compensation under subsection (b) for which the indi-
vidual is concurrently eligible.
(6) NONREDUCTION RULE.—
Determination. (A) IN GENERAL.—An agreement under this section
shall not apply (or shall cease to apply) with respect to
a State upon a determination by the Secretary that the
method governing the computation of regular compensation
under the State law of that State has been modified in
a manner such that the number of weeks (the maximum
benefit entitlement), or the average weekly benefit amount,
of regular compensation which will be payable during the
period of the agreement will be less than the number
of weeks, or the average weekly benefit amount, of the
average weekly benefit amount of regular compensation
which would otherwise have been payable during such
period under the State law, as in effect on January 1,
2020.
Definition. (B) MAXIMUM BENEFIT ENTITLEMENT.—In subpara-
graph (A), the term ‘‘maximum benefit entitlement’’ means
the amount of regular unemployment compensation pay-
able to an individual with respect to the individual’s benefit
whamilton on LAP1Z6H6L3PROD with STATUTES
year.
(7) ACTIVELY SEEKING WORK.—
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 325
(A) IN GENERAL.—Subject to subparagraph (C), for pur- Definition.
poses of paragraph (2)(D), the term ‘‘actively seeking work’’
means, with respect to any individual, that such indi-
vidual—
(i) is registered for employment services in such
a manner and to such extent as prescribed by the
State agency;
(ii) has engaged in an active search for employment
that is appropriate in light of the employment available
in the labor market, the individual’s skills and capabili-
ties, and includes a number of employer contacts that
is consistent with the standards communicated to the
individual by the State;
(iii) has maintained a record of such work search,
including employers contacted, method of contact, and
date contacted; and
(iv) when requested, has provided such work
search record to the State agency.
(B) FLEXIBILITY.—Notwithstanding the requirements
under subparagraph (A) and paragraph (2)(D), a State shall
provide flexibility in meeting such requirements in case
of individuals unable to search for work because of COVID–
19, including because of illness, quarantine, or movement
restriction.
(b) PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION
ACCOUNT.—
(1) IN GENERAL.—Any agreement under this section shall
provide that the State will establish, for each eligible individual
who files an application for pandemic emergency unemployment
compensation, an pandemic emergency unemployment com-
pensation account with respect to such individual’s benefit year.
(2) AMOUNT IN ACCOUNT.—The amount established in an
account under subsection (a) shall be equal to 13 times the
individual’s average weekly benefit amount, which includes
the amount of Federal Pandemic Unemployment Compensation
under section 2104, for the benefit year.
(3) WEEKLY BENEFIT AMOUNT.—For purposes of this sub-
section, an individual’s weekly benefit amount for any week
is the amount of regular compensation (including dependents’
allowances) under the State law payable to such individual
for such week for total unemployment plus the amount of
Federal Pandemic Unemployment Compensation under section
2104.
(c) PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAY-
MENT OF PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION.—
(1) IN GENERAL.—There shall be paid to each State that
has entered into an agreement under this section an amount
equal to 100 percent of the pandemic emergency unemployment
compensation paid to individuals by the State pursuant to
such agreement.
(2) TREATMENT OF REIMBURSABLE COMPENSATION.—No pay-
ment shall be made to any State under this section in respect
of any compensation to the extent the State is entitled to
reimbursement in respect of such compensation under the provi-
sions of any Federal law other than this section or chapter
whamilton on LAP1Z6H6L3PROD with STATUTES
85 of title 5, United States Code. A State shall not be entitled
to any reimbursement under such chapter 85 in respect of
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134 STAT. 326 PUBLIC LAW 116–136—MAR. 27, 2020
any compensation to the extent the State is entitled to
reimbursement under this section in respect of such compensa-
tion.
Reimbursement. (3) DETERMINATION OF AMOUNT.—Sums payable to any
Estimate. State by reason of such State having an agreement under
this section shall be payable, either in advance or by way
of reimbursement (as may be determined by the Secretary),
in such amounts as the Secretary estimates the State will
be entitled to receive under this section for each calendar
month, reduced or increased, as the case may be, by any amount
by which the Secretary finds that the Secretary’s estimates
for any prior calendar month were greater or less than the
amounts which should have been paid to the State. Such esti-
mates may be made on the basis of such statistical, sampling,
or other method as may be agreed upon by the Secretary
and the State agency of the State involved.
(d) FINANCING PROVISIONS.—
(1) COMPENSATION.—
(A) IN GENERAL.—Funds in the extended unemploy-
ment compensation account (as established by section
905(a) of the Social Security Act (42 U.S.C. 1105(a)) of
the Unemployment Trust Fund (as established by section
904(a) of such Act (42 U.S.C. 1104(a)) shall be used for
the making of payments to States having agreements
entered into under this section.
(B) TRANSFER OF FUNDS.—Notwithstanding any other
provision of law, the Secretary of the Treasury shall
transfer from the general fund of the Treasury (from funds
not otherwise appropriated) to the extended unemployment
compensation account such sums as the Secretary of Labor
estimates to be necessary to make payments described
in subparagraph (A). There are appropriated from the gen-
eral fund of the Treasury, without fiscal year limitation,
the sums referred to in the preceding sentence and such
sums shall not be required to be repaid.
(2) ADMINISTRATION.—
(A) IN GENERAL.—There are appropriated out of the
employment security administration account (as estab-
lished by section 901(a) of the Social Security Act (42
U.S.C. 1101(a)) of the Unemployment Trust Fund, without
fiscal year limitation, such funds as may be necessary
for purposes of assisting States (as provided in title III
of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting
the costs of administration of agreements under this sec-
tion.
(B) TRANSFER OF FUNDS.—Notwithstanding any other
provision of law, the Secretary of the Treasury shall
transfer from the general fund of the Treasury (from funds
not otherwise appropriated) to the employment security
administration account such sums as the Secretary of Labor
estimates to be necessary to make payments described
in subparagraph (A). There are appropriated from the gen-
eral fund of the Treasury, without fiscal year limitation,
the sums referred to in the preceding sentence and such
sums shall not be required to be repaid.
whamilton on LAP1Z6H6L3PROD with STATUTES
(3) CERTIFICATION.—The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 327
State the sums payable to such State under this subsection.
The Secretary of the Treasury, prior to audit or settlement
by the Government Accountability Office, shall make payments
to the State in accordance with such certification, by transfers
from the extended unemployment compensation account (as
so established) to the account of such State in the Unemploy-
ment Trust Fund (as so established).
(e) FRAUD AND OVERPAYMENTS.—
(1) IN GENERAL.—If an individual knowingly has made,
or caused to be made by another, a false statement or represen-
tation of a material fact, or knowingly has failed, or caused
another to fail, to disclose a material fact, and as a result
of such false statement or representation or of such nondisclo-
sure such individual has received an amount of pandemic emer-
gency unemployment compensation under this section to which
such individual was not entitled, such individual—
(A) shall be ineligible for further pandemic emergency
unemployment compensation under this section in accord-
ance with the provisions of the applicable State unemploy-
ment compensation law relating to fraud in connection
with a claim for unemployment compensation; and
(B) shall be subject to prosecution under section 1001
of title 18, United States Code.
(2) REPAYMENT.—In the case of individuals who have Waiver authority.
received amounts of pandemic emergency unemployment com- Determination.
pensation under this section to which they were not entitled,
the State shall require such individuals to repay the amounts
of such pandemic emergency unemployment compensation to
the State agency, except that the State agency may waive
such repayment if it determines that—
(A) the payment of such pandemic emergency
unemployment compensation was without fault on the part
of any such individual; and
(B) such repayment would be contrary to equity and
good conscience.
(3) RECOVERY BY STATE AGENCY.—
(A) IN GENERAL.—The State agency shall recover the Time period.
amount to be repaid, or any part thereof, by deductions
from any pandemic emergency unemployment compensa-
tion payable to such individual under this section or from
any unemployment compensation payable to such indi-
vidual under any State or Federal unemployment com-
pensation law administered by the State agency or under
any other State or Federal law administered by the State
agency which provides for the payment of any assistance
or allowance with respect to any week of unemployment,
during the 3-year period after the date such individuals
received the payment of the pandemic emergency
unemployment compensation to which they were not enti-
tled, in accordance with the same procedures as apply
to the recovery of overpayments of regular unemployment
benefits paid by the State.
(B) OPPORTUNITY FOR HEARING.—No repayment shall Determination.
be required, and no deduction shall be made, until a deter- Notification.
mination has been made, notice thereof and an opportunity
whamilton on LAP1Z6H6L3PROD with STATUTES
for a fair hearing has been given to the individual, and
the determination has become final.
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134 STAT. 328 PUBLIC LAW 116–136—MAR. 27, 2020
(4) REVIEW.—Any determination by a State agency under
this section shall be subject to review in the same manner
and to the same extent as determinations under the State
unemployment compensation law, and only in that manner
and to that extent.
(f) DEFINITIONS.—In this section, the terms ‘‘compensation’’,
‘‘regular compensation’’, ‘‘extended compensation’’, ‘‘benefit year’’,
‘‘base period’’, ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’ have
the respective meanings given such terms under section 205 of
the Federal-State Extended Unemployment Compensation Act of
1970 (26 U.S.C. 3304 note).
Time period. (g) APPLICABILITY.—An agreement entered into under this sec-
tion shall apply to weeks of unemployment—
(1) beginning after the date on which such agreement is
entered into; and
(2) ending on or before December 31, 2020.
15 USC 9026. SEC. 2108. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION
PAYMENTS IN STATES WITH PROGRAMS IN LAW.
(a) PAYMENTS TO STATES.—
(1) IN GENERAL.—Subject to paragraph (3), there shall be
paid to a State an amount equal to 100 percent of the amount
of short-time compensation paid under a short-time compensa-
tion program (as defined in section 3306(v) of the Internal
Revenue Code of 1986) under the provisions of the State law.
Reimbursement. (2) TERMS OF PAYMENTS.—Payments made to a State under
Estimate. paragraph (1) shall be payable by way of reimbursement in
such amounts as the Secretary estimates the State will be
entitled to receive under this section for each calendar month,
reduced or increased, as the case may be, by any amount
by which the Secretary finds that the Secretary’s estimates
for any prior calendar month were greater or less than the
amounts which should have been paid to the State. Such esti-
mates may be made on the basis of such statistical, sampling,
or other method as may be agreed upon by the Secretary
and the State agency of the State involved.
(3) LIMITATIONS ON PAYMENTS.—
(A) GENERAL PAYMENT LIMITATIONS.—No payments
shall be made to a State under this section for short-
time compensation paid to an individual by the State
during a benefit year in excess of 26 times the amount
of regular compensation (including dependents’ allowances)
under the State law payable to such individual for a week
of total unemployment.
(B) EMPLOYER LIMITATIONS.—No payments shall be
made to a State under this section for benefits paid to
an individual by the State under a short-time compensation
program if such individual is employed by the participating
employer on a seasonal, temporary, or intermittent basis.
Time period. (b) APPLICABILITY.—Payments to a State under subsection (a)
shall be available for weeks of unemployment—
(1) beginning on or after the date of the enactment of
this Act; and
(2) ending on or before December 31, 2020.
(c) NEW PROGRAMS.—Subject to subsection (b)(2), if at any
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point after the date of the enactment of this Act the State enacts
a State law providing for the payment of short-time compensation
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 329
under a short-time compensation program that meets the definition
of such a program under section 3306(v) of the Internal Revenue
Code of 1986, the State shall be eligible for payments under this
section after the effective date of such enactment.
(d) FUNDING AND CERTIFICATIONS.—
(1) FUNDING.—There are appropriated, out of moneys in
the Treasury not otherwise appropriated, such sums as may
be necessary for purposes of carrying out this section.
(2) CERTIFICATIONS.—The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
(e) DEFINITIONS.—In this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Labor.
(2) STATE; STATE AGENCY; STATE LAW.—The terms ‘‘State’’,
‘‘State agency’’, and ‘‘State law’’ have the meanings given those
terms in section 205 of the Federal-State Extended Unemploy-
ment Compensation Act of 1970 (26 U.S.C. 3304 note).
(f) TECHNICAL CORRECTION TO DEFINITION.—Section 3306(v)(6)
of the Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended
by striking ‘‘Workforce Investment Act of 1998’’ and inserting
‘‘Workforce Innovation and Opportunity Act’’.
SEC. 2109. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION 15 USC 9027.
AGREEMENTS.
(a) FEDERAL-STATE AGREEMENTS.—
(1) IN GENERAL.—Any State which desires to do so may
enter into, and participate in, an agreement under this section
with the Secretary provided that such State’s law does not
provide for the payment of short-time compensation under a
short-time compensation program (as defined in section 3306(v)
of the Internal Revenue Code of 1986).
(2) ABILITY TO TERMINATE.—Any State which is a party Deadline.
to an agreement under this section may, upon providing 30 Notification.
days’ written notice to the Secretary, terminate such agreement.
(b) PROVISIONS OF FEDERAL-STATE AGREEMENT.—
(1) IN GENERAL.—Any agreement under this section shall
provide that the State agency of the State will make payments
of short-time compensation under a plan approved by the State.
Such plan shall provide that payments are made in accordance
with the requirements under section 3306(v) of the Internal
Revenue Code of 1986.
(2) LIMITATIONS ON PLANS.—
(A) GENERAL PAYMENT LIMITATIONS.—A short-time
compensation plan approved by a State shall not permit
the payment of short-time compensation to an individual
by the State during a benefit year in excess of 26 times
the amount of regular compensation (including dependents’
allowances) under the State law payable to such individual
for a week of total unemployment.
(B) EMPLOYER LIMITATIONS.—A short-time compensa-
tion plan approved by a State shall not provide payments
to an individual if such individual is employed by the
participating employer on a seasonal, temporary, or inter-
mittent basis.
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(3) EMPLOYER PAYMENT OF COSTS.—Any short-time com-
pensation plan entered into by an employer must provide that
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134 STAT. 330 PUBLIC LAW 116–136—MAR. 27, 2020
the employer will pay the State an amount equal to one-
half of the amount of short-time compensation paid under such
plan. Such amount shall be deposited in the State’s unemploy-
ment fund and shall not be used for purposes of calculating
an employer’s contribution rate under section 3303(a)(1) of the
Internal Revenue Code of 1986.
(c) PAYMENTS TO STATES.—
(1) IN GENERAL.—There shall be paid to each State with
an agreement under this section an amount equal to—
(A) one-half of the amount of short-time compensation
paid to individuals by the State pursuant to such agree-
ment; and
(B) any additional administrative expenses incurred
by the State by reason of such agreement (as determined
by the Secretary).
Reimbursement. (2) TERMS OF PAYMENTS.—Payments made to a State under
Estimate. paragraph (1) shall be payable by way of reimbursement in
such amounts as the Secretary estimates the State will be
entitled to receive under this section for each calendar month,
reduced or increased, as the case may be, by any amount
by which the Secretary finds that the Secretary’s estimates
for any prior calendar month were greater or less than the
amounts which should have been paid to the State. Such esti-
mates may be made on the basis of such statistical, sampling,
or other method as may be agreed upon by the Secretary
and the State agency of the State involved.
(3) FUNDING.—There are appropriated, out of moneys in
the Treasury not otherwise appropriated, such sums as may
be necessary for purposes of carrying out this section.
(4) CERTIFICATIONS.—The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this section.
Time period. (d) APPLICABILITY.—An agreement entered into under this sec-
tion shall apply to weeks of unemployment—
(1) beginning on or after the date on which such agreement
is entered into; and
(2) ending on or before December 31, 2020.
(e) SPECIAL RULE.—If a State has entered into an agreement
under this section and subsequently enacts a State law providing
for the payment of short-time compensation under a short-time
compensation program that meets the definition of such a program
under section 3306(v) of the Internal Revenue Code of 1986, the
State—
(1) shall not be eligible for payments under this section
for weeks of unemployment beginning after the effective date
of such State law; and
(2) subject to section 2108(b)(2), shall be eligible to receive
payments under section 2108 after the effective date of such
State law.
(f) DEFINITIONS.—In this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Labor.
(2) STATE; STATE AGENCY; STATE LAW.—The terms ‘‘State’’,
‘‘State agency’’, and ‘‘State law’’ have the meanings given those
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terms in section 205 of the Federal-State Extended Unemploy-
ment Compensation Act of 1970 (26 U.S.C. 3304 note).
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 331
SEC. 2110. GRANTS FOR SHORT-TIME COMPENSATION PROGRAMS. 15 USC 9028.
(a) GRANTS.—
(1) FOR IMPLEMENTATION OR IMPROVED ADMINISTRATION.—
The Secretary shall award grants to States that enact short-
time compensation programs (as defined in subsection (i)(2))
for the purpose of implementation or improved administration
of such programs.
(2) FOR PROMOTION AND ENROLLMENT.—The Secretary shall
award grants to States that are eligible and submit plans
for a grant under paragraph (1) for such States to promote
and enroll employers in short-time compensation programs (as
so defined).
(3) ELIGIBILITY.—
(A) IN GENERAL.—The Secretary shall determine eligi- Determination.
bility criteria for the grants under paragraphs (1) and
(2).
(B) CLARIFICATION.—A State administering a short-
time compensation program that does not meet the defini-
tion of a short-time compensation program under section
3306(v) of the Internal Revenue Code of 1986, and a State
with an agreement under section 2109, shall not be eligible
to receive a grant under this section until such time as
the State law of the State provides for payments under
a short-time compensation program that meets such defini-
tion and such law.
(b) AMOUNT OF GRANTS.—
(1) IN GENERAL.—The maximum amount available for
making grants to a State under paragraphs (1) and (2) shall
be equal to the amount obtained by multiplying $100,000,000
(less the amount used by the Secretary under subsection (e))
by the same ratio as would apply under subsection (a)(2)(B)
of section 903 of the Social Security Act (42 U.S.C. 1103)
for purposes of determining such State’s share of any excess
amount (as described in subsection (a)(1) of such section) that
would have been subject to transfer to State accounts, as of
October 1, 2019, under the provisions of subsection (a) of such
section.
(2) AMOUNT AVAILABLE FOR DIFFERENT GRANTS.—Of the
maximum incentive payment determined under paragraph (1)
with respect to a State—
(A) one-third shall be available for a grant under sub-
section (a)(1); and
(B) two-thirds shall be available for a grant under
subsection (a)(2).
(c) GRANT APPLICATION AND DISBURSAL.—
(1) APPLICATION.—Any State seeking a grant under para-
graph (1) or (2) of subsection (a) shall submit an application
to the Secretary at such time, in such manner, and complete
with such information as the Secretary may require. In no
case may the Secretary award a grant under this section with
respect to an application that is submitted after December
31, 2023.
(2) NOTICE.—The Secretary shall, within 30 days after
receiving a complete application, notify the State agency of
the State of the Secretary’s findings with respect to the require-
whamilton on LAP1Z6H6L3PROD with STATUTES
ments for a grant under paragraph (1) or (2) (or both) of
subsection (a).
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134 STAT. 332 PUBLIC LAW 116–136—MAR. 27, 2020
(3) CERTIFICATION.—If the Secretary finds that the State
law provisions meet the requirements for a grant under sub-
section (a), the Secretary shall thereupon make a certification
to that effect to the Secretary of the Treasury, together with
a certification as to the amount of the grant payment to be
transferred to the State account in the Unemployment Trust
Fund (as established in section 904(a) of the Social Security
Deadline. Act (42 U.S.C. 1104(a))) pursuant to that finding. The Secretary
of the Treasury shall make the appropriate transfer to the
State account within 7 days after receiving such certification.
(4) REQUIREMENT.—No certification of compliance with the
requirements for a grant under paragraph (1) or (2) of sub-
section (a) may be made with respect to any State whose—
(A) State law is not otherwise eligible for certification
under section 303 of the Social Security Act (42 U.S.C.
503) or approvable under section 3304 of the Internal Rev-
enue Code of 1986; or
Deadline. (B) short-time compensation program is subject to dis-
continuation or is not scheduled to take effect within 12
months of the certification.
(d) USE OF FUNDS.—The amount of any grant awarded under
this section shall be used for the implementation of short-time
compensation programs and the overall administration of such pro-
grams and the promotion and enrollment efforts associated with
such programs, such as through—
(1) the creation or support of rapid response teams to
advise employers about alternatives to layoffs;
Assessment. (2) the provision of education or assistance to employers
to enable them to assess the feasibility of participating in
short-time compensation programs; and
(3) the development or enhancement of systems to auto-
mate—
(A) the submission and approval of plans; and
(B) the filing and approval of new and ongoing short-
time compensation claims.
(e) ADMINISTRATION.—The Secretary is authorized to use 0.25
percent of the funds available under subsection (g) to provide for
outreach and to share best practices with respect to this section
and short-time compensation programs.
Determination. (f) RECOUPMENT.—The Secretary shall establish a process under
Time period. which the Secretary shall recoup the amount of any grant awarded
under paragraph (1) or (2) of subsection (a) if the Secretary deter-
mines that, during the 5-year period beginning on the first date
that any such grant is awarded to the State, the State—
(1) terminated the State’s short-time compensation pro-
gram; or
(2) failed to meet appropriate requirements with respect
to such program (as established by the Secretary).
(g) FUNDING.—There are appropriated, out of moneys in the
Treasury not otherwise appropriated, to the Secretary, $100,000,000
to carry out this section, to remain available without fiscal year
limitation.
(h) REPORTING.—The Secretary may establish reporting require-
ments for States receiving a grant under this section in order
whamilton on LAP1Z6H6L3PROD with STATUTES
to provide oversight of grant funds.
(i) DEFINITIONS.—In this section:
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 333
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Labor.
(2) SHORT-TIME COMPENSATION PROGRAM.—The term ‘‘short-
time compensation program’’ has the meaning given such term
in section 3306(v) of the Internal Revenue Code of 1986.
(3) STATE; STATE AGENCY; STATE LAW.—The terms ‘‘State’’,
‘‘State agency’’, and ‘‘State law’’ have the meanings given those
terms in section 205 of the Federal-State Extended Unemploy-
ment Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 2111. ASSISTANCE AND GUIDANCE IN IMPLEMENTING PROGRAMS. 15 USC 9029.
(a) IN GENERAL.—In order to assist States in establishing,
qualifying, and implementing short-time compensation programs
(as defined in section 3306(v) of the Internal Revenue Code of
1986), the Secretary of Labor (in this section referred to as the
‘‘Secretary’’) shall—
(1) develop model legislative language, or disseminate
existing model legislative language, which may be used by
States in developing and enacting such programs, and periodi-
cally review and revise such model legislative language;
(2) provide technical assistance and guidance in developing,
enacting, and implementing such programs; and
(3) establish reporting requirements for States, including Requirements.
reporting on—
(A) the number of estimated averted layoffs;
(B) the number of participating employers and workers;
and
(C) such other items as the Secretary of Labor deter-
mines are appropriate.
(b) MODEL LANGUAGE AND GUIDANCE.—The model language
and guidance developed under subsection (a) shall allow sufficient
flexibility by States and participating employers while ensuring
accountability and program integrity.
(c) CONSULTATION.—In developing the model legislative lan-
guage and guidance under subsection (a), and in order to meet
the requirements of subsection (b), the Secretary shall consult with
employers, labor organizations, State workforce agencies, and other
program experts. Existing model legislative language that has been
developed through such a consultative process shall be deemed
to meet the consultation requirement of this subsection.
(d) REPEAL.—Section 4104 of the Emergency Unemployment
Stabilization and Access Act of 2020 (contained in division D of
the Families First Coronavirus Response Act) is repealed. Ante, p. 194.
SEC. 2112. WAIVER OF THE 7-DAY WAITING PERIOD FOR BENEFITS 15 USC 9030.
UNDER THE RAILROAD UNEMPLOYMENT INSURANCE
ACT.
(a) NO WAITING WEEK.—With respect to any registration period
beginning after the date of enactment of this Act and ending on
or before December 31, 2020, subparagraphs (A)(ii) and (B)(ii) of
section 2(a)(1) of the Railroad Unemployment Insurance Act (45
U.S.C. 352(a)(1)) shall not apply.
(b) OPERATING INSTRUCTIONS AND REGULATIONS.—The Railroad
Retirement Board may prescribe any operating instructions or regu-
lations necessary to carry out this section.
(c) FUNDING.—Out of any funds in the Treasury not otherwise
whamilton on LAP1Z6H6L3PROD with STATUTES
appropriated, there are appropriated $50,000,000 to cover the costs
of additional benefits payable due to the application of subsection
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134 STAT. 334 PUBLIC LAW 116–136—MAR. 27, 2020
(a). Upon the exhaustion of the funds appropriated under this
subsection, subsection (a) shall no longer apply with respect to
any registration period beginning after the date of exhaustion of
funds.
(d) DEFINITION OF REGISTRATION PERIOD.—For purposes of this
section, the term ‘‘registration period’’ has the meaning given such
term under section 1 of the Railroad Unemployment Insurance
Act (45 U.S.C. 351).
SEC. 2113. ENHANCED BENEFITS UNDER THE RAILROAD UNEMPLOY-
MENT INSURANCE ACT.
Section 2(a) of the Railroad Unemployment Insurance Act (45
U.S.C. § 352(a)) is amended by adding at the end the following:
Time periods. ‘‘(5)(A) Notwithstanding paragraph (3), subsection (c)(1)(B), and
any other limitation on total benefits in this Act, for registration
periods beginning on or after April 1, 2020, but on or before July
31, 2020, a recovery benefit in the amount of $1,200 shall be
payable to a qualified employee with respect to any registration
period in which the employee received unemployment benefits under
paragraph (1)(A), and in any registration period in which the
employee did not receive unemployment benefits due to the limita-
tion in subsection (c)(1)(B) or due to reaching the maximum number
of days of benefits in the benefit year beginning July 1, 2019,
under subsection (c)(1)(A). No recovery benefits shall be payable
under this section upon the exhaustion of the funds appropriated
under subparagraph (B) for payment of benefits under this subpara-
graph.
‘‘(B) Out of any funds in the Treasury not otherwise appro-
priated, there are appropriated $425,000,000 to cover the cost of
recovery benefits provided under subparagraph (A), to remain avail-
able until expended.’’.
SEC. 2114. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAIL-
ROAD UNEMPLOYMENT INSURANCE ACT.
(a) EXTENSION.—Section 2(c)(2)(D)(iii) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii) is
amended—
(1) by striking ‘‘July 1, 2008’’ and inserting ‘‘July 1, 2019’’;
(2) by striking ‘‘June 30, 2013’’ and inserting ‘‘June 30,
2020’’; and
(3) by striking ‘‘December 31, 2013’’ and inserting
‘‘December 31, 2020’’.
45 USC 352 note. (b) CLARIFICATION ON AUTHORITY TO USE FUNDS.—Funds
appropriated under either the first or second sentence of clause
(iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance
Act shall be available to cover the cost of additional extended
unemployment benefits provided under such section 2(c)(2)(D) by
reason of the amendments made by subsection (a) as well as to
cover the cost of such benefits provided under such section 2(c)(2)(D)
as in effect on the day before the date of enactment of this Act.
15 USC 9031. SEC. 2115. FUNDING FOR THE DOL OFFICE OF INSPECTOR GENERAL
FOR OVERSIGHT OF UNEMPLOYMENT PROVISIONS.
There are appropriated, out of moneys in the Treasury not
otherwise appropriated, to the Office of the Inspector General of
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the Department of Labor, $25,000,000 to carry out audits, investiga-
tions, and other oversight activities authorized under the Inspector
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 335
General Act of 1978 (5 U.S.C. App.) that are related to the provi-
sions of, and amendments made by, this subtitle, to remain avail-
able without fiscal year limitation.
SEC. 2116. IMPLEMENTATION. 15 USC 9032.
(a) NON-APPLICATION OF THE PAPERWORK REDUCTION ACT.—
Chapter 35 of title 44, United States Code (commonly referred
to as the ‘‘Paperwork Reduction Act of 1995’’), shall not apply
to the provisions of, and the amendments made by, this subtitle.
(b) OPERATING INSTRUCTIONS OR OTHER GUIDANCE.—Notwith-
standing any other provision of law, the Secretary of Labor may
issue any operating instructions or other guidance necessary to
carry out the provisions of, or the amendments made by, this
subtitle.
Subtitle B—Rebates and Other Individual
Provisions
SEC. 2201. 2020 RECOVERY REBATES FOR INDIVIDUALS.
(a) IN GENERAL.—Subchapter B of chapter 65 of subtitle F
of the Internal Revenue Code of 1986 is amended by inserting
after section 6427 the following new section:
‘‘SEC. 6428. 2020 RECOVERY REBATES FOR INDIVIDUALS. 26 USC 6428.
‘‘(a) IN GENERAL.—In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by subtitle
A for the first taxable year beginning in 2020 an amount equal
to the sum of—
‘‘(1) $1,200 ($2,400 in the case of eligible individuals filing
a joint return), plus
‘‘(2) an amount equal to the product of $500 multiplied
by the number of qualifying children (within the meaning of
section 24(c)) of the taxpayer.
‘‘(b) TREATMENT OF CREDIT.—The credit allowed by subsection
(a) shall be treated as allowed by subpart C of part IV of subchapter
A of chapter 1.
‘‘(c) LIMITATION BASED ON ADJUSTED GROSS INCOME.—The
amount of the credit allowed by subsection (a) (determined without
regard to this subsection and subsection (e)) shall be reduced (but
not below zero) by 5 percent of so much of the taxpayer’s adjusted
gross income as exceeds—
‘‘(1) $150,000 in the case of a joint return,
‘‘(2) $112,500 in the case of a head of household, and
‘‘(3) $75,000 in the case of a taxpayer not described in
paragraph (1) or (2).
‘‘(d) ELIGIBLE INDIVIDUAL.—For purposes of this section, the
term ‘eligible individual’ means any individual other than—
‘‘(1) any nonresident alien individual,
‘‘(2) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable
year beginning in the calendar year in which the individual’s
taxable year begins, and
‘‘(3) an estate or trust.
‘‘(e) COORDINATION WITH ADVANCE REFUNDS OF CREDIT.—
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‘‘(1) IN GENERAL.—The amount of credit which would (but
for this paragraph) be allowable under this section shall be
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134 STAT. 336 PUBLIC LAW 116–136—MAR. 27, 2020
reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer under subsection (f).
Any failure to so reduce the credit shall be treated as arising
out of a mathematical or clerical error and assessed according
to section 6213(b)(1).
‘‘(2) JOINT RETURNS.—In the case of a refund or credit
made or allowed under subsection (f) with respect to a joint
return, half of such refund or credit shall be treated as having
been made or allowed to each individual filing such return.
‘‘(f) ADVANCE REFUNDS AND CREDITS.—
‘‘(1) IN GENERAL.—Subject to paragraph (5), each individual
who was an eligible individual for such individual’s first taxable
year beginning in 2019 shall be treated as having made a
payment against the tax imposed by chapter 1 for such taxable
year in an amount equal to the advance refund amount for
such taxable year.
‘‘(2) ADVANCE REFUND AMOUNT.—For purposes of paragraph
(1), the advance refund amount is the amount that would
have been allowed as a credit under this section for such
taxable year if this section (other than subsection (e) and this
subsection) had applied to such taxable year.
‘‘(3) TIMING AND MANNER OF PAYMENTS.—
‘‘(A) TIMING.—The Secretary shall, subject to the provi-
sions of this title, refund or credit any overpayment attrib-
utable to this section as rapidly as possible. No refund
or credit shall be made or allowed under this subsection
after December 31, 2020.
‘‘(B) DELIVERY OF PAYMENTS.—Notwithstanding any
other provision of law, the Secretary may certify and dis-
burse refunds payable under this subsection electronically
to any account to which the payee authorized, on or after
January 1, 2018, the delivery of a refund of taxes under
this title or of a Federal payment (as defined in section
3332 of title 31, United States Code).
‘‘(C) WAIVER OF CERTAIN RULES.—Notwithstanding sec-
tion 3325 of title 31, United States Code, or any other
provision of law, with respect to any payment of a refund
under this subsection, a disbursing official in the executive
branch of the United States Government may modify pay-
ment information received from an officer or employee
described in section 3325(a)(1)(B) of such title for the pur-
pose of facilitating the accurate and efficient delivery of
such payment. Except in cases of fraud or reckless neglect,
no liability under sections 3325, 3527, 3528, or 3529 of
title 31, United States Code, shall be imposed with respect
to payments made under this subparagraph.
‘‘(4) NO INTEREST.—No interest shall be allowed on any
overpayment attributable to this section.
‘‘(5) ALTERNATE TAXABLE YEAR.—In the case of an indi-
vidual who, at the time of any determination made pursuant
to paragraph (3), has not filed a tax return for the year
described in paragraph (1), the Secretary may—
‘‘(A) apply such paragraph by substituting ‘2018’ for
‘2019’, and
whamilton on LAP1Z6H6L3PROD with STATUTES
‘‘(B) if the individual has not filed a tax return for
such individual’s first taxable year beginning in 2018, use
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 337
information with respect to such individual for calendar
year 2019 provided in—
‘‘(i) Form SSA–1099, Social Security Benefit State-
ment, or
‘‘(ii) Form RRB–1099, Social Security Equivalent
Benefit Statement.
‘‘(6) NOTICE TO TAXPAYER.—Not later than 15 days after Deadline.
the date on which the Secretary distributed any payment to
an eligible taxpayer pursuant to this subsection, notice shall
be sent by mail to such taxpayer’s last known address. Such
notice shall indicate the method by which such payment was
made, the amount of such payment, and a phone number for
the appropriate point of contact at the Internal Revenue Service
to report any failure to receive such payment.
‘‘(g) IDENTIFICATION NUMBER REQUIREMENT.—
‘‘(1) IN GENERAL.—No credit shall be allowed under sub-
section (a) to an eligible individual who does not include on
the return of tax for the taxable year—
‘‘(A) such individual’s valid identification number,
‘‘(B) in the case of a joint return, the valid identification
number of such individual’s spouse, and
‘‘(C) in the case of any qualifying child taken into
account under subsection (a)(2), the valid identification
number of such qualifying child.
‘‘(2) VALID IDENTIFICATION NUMBER.—
‘‘(A) IN GENERAL.—For purposes of paragraph (1), the
term ‘valid identification number’ means a social security
number (as such term is defined in section 24(h)(7)).
‘‘(B) ADOPTION TAXPAYER IDENTIFICATION NUMBER.—
For purposes of paragraph (1)(C), in the case of a qualifying
child who is adopted or placed for adoption, the term ‘valid
identification number’ shall include the adoption taxpayer
identification number of such child.
‘‘(3) SPECIAL RULE FOR MEMBERS OF THE ARMED FORCES.—
Paragraph (1)(B) shall not apply in the case where at least
1 spouse was a member of the Armed Forces of the United
States at any time during the taxable year and at least 1
spouse satisfies paragraph (1)(A).
‘‘(4) MATHEMATICAL OR CLERICAL ERROR AUTHORITY.—Any
omission of a correct valid identification number required under
this subsection shall be treated as a mathematical or clerical
error for purposes of applying section 6213(g)(2) to such omis-
sion.
‘‘(h) REGULATIONS.—The Secretary shall prescribe such regula-
tions or other guidance as may be necessary to carry out the
purposes of this section, including any such measures as are deemed
appropriate to avoid allowing multiple credits or rebates to a tax-
payer.’’.
(b) ADMINISTRATIVE AMENDMENTS.—
(1) DEFINITION OF DEFICIENCY.—Section 6211(b)(4)(A) of
the Internal Revenue Code of 1986 is amended by striking 26 USC 6211.
‘‘and 36B, 168(k)(4)’’ and inserting ‘‘36B, and 6428’’.
(2) MATHEMATICAL OR CLERICAL ERROR AUTHORITY.—Sec-
tion 6213(g)(2)(L) of such Code is amended by striking ‘‘or
32’’ and inserting ‘‘32, or 6428’’.
whamilton on LAP1Z6H6L3PROD with STATUTES
(c) TREATMENT OF POSSESSIONS.— 26 USC 6428
(1) PAYMENTS TO POSSESSIONS.— note.
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134 STAT. 338 PUBLIC LAW 116–136—MAR. 27, 2020
(A) MIRROR CODE POSSESSION.—The Secretary of the
Treasury shall pay to each possession of the United States
which has a mirror code tax system amounts equal to
the loss (if any) to that possession by reason of the amend-
Determination. ments made by this section. Such amounts shall be deter-
mined by the Secretary of the Treasury based on informa-
tion provided by the government of the respective posses-
sion.
(B) OTHER POSSESSIONS.—The Secretary of the
Treasury shall pay to each possession of the United States
which does not have a mirror code tax system amounts
estimated by the Secretary of the Treasury as being equal
to the aggregate benefits (if any) that would have been
provided to residents of such possession by reason of the
amendments made by this section if a mirror code tax
system had been in effect in such possession. The preceding
sentence shall not apply unless the respective possession
has a plan, which has been approved by the Secretary
of the Treasury, under which such possession will promptly
distribute such payments to its residents.
(2) COORDINATION WITH CREDIT ALLOWED AGAINST UNITED
STATES INCOME TAXES.—No credit shall be allowed against
United States income taxes under section 6428 of the Internal
Revenue Code of 1986 (as added by this section) to any person—
(A) to whom a credit is allowed against taxes imposed
by the possession by reason of the amendments made by
this section, or
(B) who is eligible for a payment under a plan described
in paragraph (1)(B).
(3) DEFINITIONS AND SPECIAL RULES.—
(A) POSSESSION OF THE UNITED STATES.—For purposes
of this subsection, the term ‘‘possession of the United
States’’ includes the Commonwealth of Puerto Rico and
the Commonwealth of the Northern Mariana Islands.
(B) MIRROR CODE TAX SYSTEM.—For purposes of this
subsection, the term ‘‘mirror code tax system’’ means, with
respect to any possession of the United States, the income
tax system of such possession if the income tax liability
of the residents of such possession under such system is
determined by reference to the income tax laws of the
United States as if such possession were the United States.
(C) TREATMENT OF PAYMENTS.—For purposes of section
1324 of title 31, United States Code, the payments under
this subsection shall be treated in the same manner as
a refund due from a credit provision referred to in sub-
section (b)(2) of such section.
26 USC 6428 (d) EXCEPTION FROM REDUCTION OR OFFSET.—Any credit or
note. refund allowed or made to any individual by reason of section
6428 of the Internal Revenue Code of 1986 (as added by this
section) or by reason of subsection (c) of this section shall not
be—
(1) subject to reduction or offset pursuant to section 3716
or 3720A of title 31, United States Code,
(2) subject to reduction or offset pursuant to subsection
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(d), (e), or (f) of section 6402 of the Internal Revenue Code
of 1986, or
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 339
(3) reduced or offset by other assessed Federal taxes that
would otherwise be subject to levy or collection.
(e) PUBLIC AWARENESS CAMPAIGN.—The Secretary of the Coordination.
Treasury (or the Secretary’s delegate) shall conduct a public aware- 26 USC 6428
note.
ness campaign, in coordination with the Commissioner of Social
Security and the heads of other relevant Federal agencies, to provide
information regarding the availability of the credit and rebate
allowed under section 6428 of the Internal Revenue Code of 1986
(as added by this section), including information with respect to
individuals who may not have filed a tax return for taxable year
2018 or 2019.
(f) APPROPRIATIONS TO CARRY OUT REBATES.—
(1) IN GENERAL.—Immediately upon the enactment of this
Act, the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2020:
(A) DEPARTMENT OF THE TREASURY.—
(i) For an additional amount for ‘‘Department of
the Treasury—Bureau of the Fiscal Service—Salaries
and Expenses’’, $78,650,000, to remain available until
September 30, 2021.
(ii) For an additional amount for ‘‘Department of
the Treasury—Internal Revenue Service—Taxpayer
Services’’, $293,500,000, to remain available until Sep-
tember 30, 2021.
(iii) For an additional amount for ‘‘Department
of the Treasury—Internal Revenue Service—Oper-
ations Support’’, $170,000,000, to remain available
until September 30, 2021.
(iv) For an additional amount for ‘‘Department
of Treasury—Internal Revenue Service—Enforcement’’,
$37,200,000, to remain available until September 30,
2021.
Amounts made available in appropriations under clauses
(ii), (iii), and (iv) of this subparagraph may be transferred
between such appropriations upon the advance notification
of the Committees on Appropriations of the House of Rep-
resentatives and the Senate. Such transfer authority is
in addition to any other transfer authority provided by
law.
(B) SOCIAL SECURITY ADMINISTRATION.—For an addi-
tional amount for ‘‘Social Security Administration—Limita-
tion on Administrative Expenses’’, $38,000,000, to remain
available until September 30, 2021.
(2) REPORTS.—No later than 15 days after enactment of Plan.
this Act, the Secretary of the Treasury shall submit a plan
to the Committees on Appropriations of the House of Represent-
atives and the Senate detailing the expected use of the funds
provided by paragraph (1)(A). Beginning 90 days after enact- Time period.
ment of this Act, the Secretary of the Treasury shall submit
a quarterly report to the Committees on Appropriations of
the House of Representatives and the Senate detailing the
actual expenditure of funds provided by paragraph (1)(A) and
the expected expenditure of such funds in the subsequent
whamilton on LAP1Z6H6L3PROD with STATUTES
quarter.
(g) CONFORMING AMENDMENTS.—
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134 STAT. 340 PUBLIC LAW 116–136—MAR. 27, 2020
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ‘‘6428,’’ after ‘‘54B(h),’’.
(2) The table of sections for subchapter B of chapter 65
26 USC of subtitle F of the Internal Revenue Code of 1986 is amended
prec. 6411. by inserting after the item relating to section 6427 the fol-
lowing:
‘‘Sec. 6428. 2020 Recovery Rebates for individuals.’’.
26 USC 72 note. SEC. 2202. SPECIAL RULES FOR USE OF RETIREMENT FUNDS.
(a) TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS.—
(1) IN GENERAL.—Section 72(t) of the Internal Revenue
Code of 1986 shall not apply to any coronavirus-related distribu-
tion.
(2) AGGREGATE DOLLAR LIMITATION.—
(A) IN GENERAL.—For purposes of this subsection, the
aggregate amount of distributions received by an individual
which may be treated as coronavirus-related distributions
for any taxable year shall not exceed $100,000.
(B) TREATMENT OF PLAN DISTRIBUTIONS.—If a distribu-
tion to an individual would (without regard to subpara-
graph (A)) be a coronavirus-related distribution, a plan
shall not be treated as violating any requirement of the
Internal Revenue Code of 1986 merely because the plan
treats such distribution as a coronavirus-related distribu-
tion, unless the aggregate amount of such distributions
from all plans maintained by the employer (and any
member of any controlled group which includes the
employer) to such individual exceeds $100,000.
Definition. (C) CONTROLLED GROUP.—For purposes of subpara-
graph (B), the term ‘‘controlled group’’ means any group
treated as a single employer under subsection (b), (c), (m),
or (o) of section 414 of the Internal Revenue Code of 1986.
(3) AMOUNT DISTRIBUTED MAY BE REPAID.—
Time period. (A) IN GENERAL.—Any individual who receives a
coronavirus-related distribution may, at any time during
the 3-year period beginning on the day after the date
on which such distribution was received, make 1 or more
contributions in an aggregate amount not to exceed the
amount of such distribution to an eligible retirement plan
of which such individual is a beneficiary and to which
a rollover contribution of such distribution could be made
under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or
457(e)(16), of the Internal Revenue Code of 1986, as the
case may be.
(B) TREATMENT OF REPAYMENTS OF DISTRIBUTIONS
Deadline. FROM ELIGIBLE RETIREMENT PLANS OTHER THAN IRAS.—For
purposes of the Internal Revenue Code of 1986, if a con-
tribution is made pursuant to subparagraph (A) with
respect to a coronavirus-related distribution from an
eligible retirement plan other than an individual retirement
plan, then the taxpayer shall, to the extent of the amount
of the contribution, be treated as having received the
coronavirus-related distribution in an eligible rollover dis-
tribution (as defined in section 402(c)(4) of such Code)
and as having transferred the amount to the eligible retire-
whamilton on LAP1Z6H6L3PROD with STATUTES
ment plan in a direct trustee to trustee transfer within
60 days of the distribution.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 341
(C) TREATMENT OF REPAYMENTS OF DISTRIBUTIONS
FROM IRAS.—For purposes of the Internal Revenue Code Deadline.
of 1986, if a contribution is made pursuant to subparagraph
(A) with respect to a coronavirus-related distribution from
an individual retirement plan (as defined by section
7701(a)(37) of such Code), then, to the extent of the amount
of the contribution, the coronavirus-related distribution
shall be treated as a distribution described in section
408(d)(3) of such Code and as having been transferred
to the eligible retirement plan in a direct trustee to trustee
transfer within 60 days of the distribution.
(4) DEFINITIONS.—For purposes of this subsection—
(A) CORONAVIRUS-RELATED DISTRIBUTION.—Except as
provided in paragraph (2), the term ‘‘coronavirus-related
distribution’’ means any distribution from an eligible retire-
ment plan made—
(i) on or after January 1, 2020, and before Time period.
December 31, 2020,
(ii) to an individual—
(I) who is diagnosed with the virus SARS–
CoV–2 or with coronavirus disease 2019 (COVID–
19) by a test approved by the Centers for Disease
Control and Prevention,
(II) whose spouse or dependent (as defined
in section 152 of the Internal Revenue Code of
1986) is diagnosed with such virus or disease by
such a test, or
(III) who experiences adverse financial con-
sequences as a result of being quarantined, being
furloughed or laid off or having work hours reduced
due to such virus or disease, being unable to work
due to lack of child care due to such virus or
disease, closing or reducing hours of a business
owned or operated by the individual due to such
virus or disease, or other factors as determined
by the Secretary of the Treasury (or the Secretary’s
delegate).
(B) EMPLOYEE CERTIFICATION.—The administrator of
an eligible retirement plan may rely on an employee’s
certification that the employee satisfies the conditions of
subparagraph (A)(ii) in determining whether any distribu-
tion is a coronavirus-related distribution.
(C) ELIGIBLE RETIREMENT PLAN.—The term ‘‘eligible
retirement plan’’ has the meaning given such term by
section 402(c)(8)(B) of the Internal Revenue Code of 1986.
(5) INCOME INCLUSION SPREAD OVER 3-YEAR PERIOD.—
(A) IN GENERAL.—In the case of any coronavirus- Time period.
related distribution, unless the taxpayer elects not to have
this paragraph apply for any taxable year, any amount
required to be included in gross income for such taxable
year shall be so included ratably over the 3-taxable-year
period beginning with such taxable year.
(B) SPECIAL RULE.—For purposes of subparagraph (A),
rules similar to the rules of subparagraph (E) of section
408A(d)(3) of the Internal Revenue Code of 1986 shall
whamilton on LAP1Z6H6L3PROD with STATUTES
apply.
(6) SPECIAL RULES.—
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134 STAT. 342 PUBLIC LAW 116–136—MAR. 27, 2020
(A) EXEMPTION OF DISTRIBUTIONS FROM TRUSTEE TO
TRUSTEE TRANSFER AND WITHHOLDING RULES.—For pur-
poses of sections 401(a)(31), 402(f), and 3405 of the Internal
Revenue Code of 1986, coronavirus-related distributions
shall not be treated as eligible rollover distributions.
(B) CORONAVIRUS-RELATED DISTRIBUTIONS TREATED AS
MEETING PLAN DISTRIBUTION REQUIREMENTS.—For purposes
of the Internal Revenue Code of 1986, a coronavirus-related
distribution shall be treated as meeting the requirements
of sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and
457(d)(1)(A) of such Code and section 8433(h)(1) of title
5, United States Code.
(b) LOANS FROM QUALIFIED PLANS.—
Time period. (1) INCREASE IN LIMIT ON LOANS NOT TREATED AS DISTRIBU-
TIONS.—In the case of any loan from a qualified employer
plan (as defined under section 72(p)(4) of the Internal Revenue
Code of 1986) to a qualified individual made during the 180-
day period beginning on the date of the enactment of this
Act—
(A) clause (i) of section 72(p)(2)(A) of such Code shall
be applied by substituting ‘‘$100,000’’ for ‘‘$50,000’’, and
(B) clause (ii) of such section shall be applied by sub-
stituting ‘‘the present value of the nonforfeitable accrued
benefit of the employee under the plan’’ for ‘‘one-half of
the present value of the nonforfeitable accrued benefit of
the employee under the plan’’.
(2) DELAY OF REPAYMENT.—In the case of a qualified indi-
vidual with an outstanding loan (on or after the date of the
enactment of this Act) from a qualified employer plan (as
defined in section 72(p)(4) of the Internal Revenue Code of
1986)—
Time period. (A) if the due date pursuant to subparagraph (B) or
(C) of section 72(p)(2) of such Code for any repayment
with respect to such loan occurs during the period begin-
ning on the date of the enactment of this Act and ending
on December 31, 2020, such due date shall be delayed
for 1 year,
(B) any subsequent repayments with respect to any
such loan shall be appropriately adjusted to reflect the
delay in the due date under subparagraph (A) and any
interest accruing during such delay, and
(C) in determining the 5-year period and the term
of a loan under subparagraph (B) or (C) of section 72(p)(2)
of such Code, the period described in subparagraph (A)
of this paragraph shall be disregarded.
Definition. (3) QUALIFIED INDIVIDUAL.—For purposes of this subsection,
the term ‘‘qualified individual’’ means any individual who is
described in subsection (a)(4)(A)(ii).
(c) PROVISIONS RELATING TO PLAN AMENDMENTS.—
Applicability. (1) IN GENERAL.—If this subsection applies to any amend-
ment to any plan or annuity contract—
(A) such plan or contract shall be treated as being
operated in accordance with the terms of the plan during
the period described in paragraph (2)(B)(i), and
(B) except as provided by the Secretary of the Treasury
whamilton on LAP1Z6H6L3PROD with STATUTES
(or the Secretary’s delegate), such plan or contract shall
not fail to meet the requirements of section 411(d)(6) of
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 343
the Internal Revenue Code of 1986 and section 204(g) of
the Employee Retirement Income Security Act of 1974 by
reason of such amendment.
(2) AMENDMENTS TO WHICH SUBSECTION APPLIES.—
(A) IN GENERAL.—This subsection shall apply to any
amendment to any plan or annuity contract which is
made—
(i) pursuant to any provision of this section, or
pursuant to any regulation issued by the Secretary
of the Treasury or the Secretary of Labor (or the dele-
gate of either such Secretary) under any provision of
this section, and
(ii) on or before the last day of the first plan Time period.
year beginning on or after January 1, 2022, or such
later date as the Secretary of the Treasury (or the
Secretary’s delegate) may prescribe.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), clause (ii)
shall be applied by substituting the date which is 2 years
after the date otherwise applied under clause (ii).
(B) CONDITIONS.—This subsection shall not apply to
any amendment unless—
(i) during the period— Time period.
(I) beginning on the date that this section
or the regulation described in subparagraph (A)(i)
takes effect (or in the case of a plan or contract
amendment not required by this section or such
regulation, the effective date specified by the plan),
and
(II) ending on the date described in subpara-
graph (A)(ii) (or, if earlier, the date the plan or
contract amendment is adopted),
the plan or contract is operated as if such plan or
contract amendment were in effect, and
(ii) such plan or contract amendment applies retro-
actively for such period.
SEC. 2203. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBU-
TION RULES FOR CERTAIN RETIREMENT PLANS AND
ACCOUNTS.
(a) IN GENERAL.—Section 401(a)(9) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new 26 USC 401.
subparagraph:
‘‘(I) TEMPORARY WAIVER OF MINIMUM REQUIRED DIS-
TRIBUTION.—
‘‘(i) IN GENERAL.—The requirements of this para-
graph shall not apply for calendar year 2020 to—
‘‘(I) a defined contribution plan which is
described in this subsection or in section 403(a)
or 403(b),
‘‘(II) a defined contribution plan which is an
eligible deferred compensation plan described in
section 457(b) but only if such plan is maintained
by an employer described in section 457(e)(1)(A),
whamilton on LAP1Z6H6L3PROD with STATUTES
or
‘‘(III) an individual retirement plan.
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134 STAT. 344 PUBLIC LAW 116–136—MAR. 27, 2020
Applicability. ‘‘(ii) SPECIAL RULE FOR REQUIRED BEGINNING DATES
IN 2020.—Clause (i) shall apply to any distribution
which is required to be made in calendar year 2020
by reason of—
‘‘(I) a required beginning date occurring in
such calendar year, and
‘‘(II) such distribution not having been made
before January 1, 2020.
‘‘(iii) SPECIAL RULES REGARDING WAIVER PERIOD.—
For purposes of this paragraph—
‘‘(I) the required beginning date with respect
to any individual shall be determined without
regard to this subparagraph for purposes of
applying this paragraph for calendar years after
2020, and
‘‘(II) if clause (ii) of subparagraph (B) applies,
the 5-year period described in such clause shall
be determined without regard to calendar year
2020.’’.
(b) ELIGIBLE ROLLOVER DISTRIBUTIONS.—Section 402(c)(4) of
26 USC 402. the Internal Revenue Code of 1986 is amended by striking ‘‘2009’’
each place it appears in the last sentence and inserting ‘‘2020’’.
26 USC 401 note. (c) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by this section
shall apply for calendar years beginning after December 31,
2019.
(2) PROVISIONS RELATING TO PLAN OR CONTRACT AMEND-
MENTS.—
Applicability. (A) IN GENERAL.—If this paragraph applies to any plan
or contract amendment—
(i) such plan or contract shall not fail to be treated
as being operated in accordance with the terms of
the plan during the period described in subparagraph
(B)(ii) solely because the plan operates in accordance
with this section, and
(ii) except as provided by the Secretary of the
Treasury (or the Secretary’s delegate), such plan or
contract shall not fail to meet the requirements of
section 411(d)(6) of the Internal Revenue Code of 1986
and section 204(g) of the Employee Retirement Income
Security Act of 1974 by reason of such amendment.
(B) AMENDMENTS TO WHICH PARAGRAPH APPLIES.—
(i) IN GENERAL.—This paragraph shall apply to
any amendment to any plan or annuity contract
which—
(I) is made pursuant to the amendments made
by this section, and
(II) is made on or before the last day of the
first plan year beginning on or after January 1,
2022.
In the case of a governmental plan, subclause (II)
shall be applied by substituting ‘‘2024’’ for ‘‘2022’’.
Time period. (ii) CONDITIONS.—This paragraph shall not apply
to any amendment unless during the period beginning
on the effective date of the amendment and ending
whamilton on LAP1Z6H6L3PROD with STATUTES
on December 31, 2020, the plan or contract is operated
as if such plan or contract amendment were in effect.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 345
SEC. 2204. ALLOWANCE OF PARTIAL ABOVE THE LINE DEDUCTION
FOR CHARITABLE CONTRIBUTIONS.
(a) IN GENERAL.—Section 62(a) of the Internal Revenue Code
of 1986 is amended by inserting after paragraph (21) the following 26 USC 62.
new paragraph:
‘‘(22) CHARITABLE CONTRIBUTIONS.—In the case of taxable
years beginning in 2020, the amount (not to exceed $300)
of qualified charitable contributions made by an eligible indi-
vidual during the taxable year.’’.
(b) DEFINITIONS.—Section 62 of such Code is amended by adding
at the end the following new subsection:
‘‘(f) DEFINITIONS RELATING TO QUALIFIED CHARITABLE CON-
TRIBUTIONS.—For purposes of subsection (a)(22)—
‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’
means any individual who does not elect to itemize deductions.
‘‘(2) QUALIFIED CHARITABLE CONTRIBUTIONS.—The term
‘qualified charitable contribution’ means a charitable contribu-
tion (as defined in section 170(c))—
‘‘(A) which is made in cash,
‘‘(B) for which a deduction is allowable under section
170 (determined without regard to subsection (b) thereof),
and
‘‘(C) which is—
‘‘(i) made to an organization described in section
170(b)(1)(A), and
‘‘(ii) not—
‘‘(I) to an organization described in section
509(a)(3), or
‘‘(II) for the establishment of a new, or mainte-
nance of an existing, donor advised fund (as
defined in section 4966(d)(2)).
Such term shall not include any amount which is
treated as a charitable contribution made in such tax-
able year by reason of subsection (b)(1)(G)(ii) or (d)(1)
of section 170.’’.
(c) EFFECTIVE DATE.—The amendments made by this section 26 USC 62 note.
shall apply to taxable years beginning after December 31, 2019.
SEC. 2205. MODIFICATION OF LIMITATIONS ON CHARITABLE CON- 26 USC 170 note.
TRIBUTIONS DURING 2020.
(a) TEMPORARY SUSPENSION OF LIMITATIONS ON CERTAIN CASH
CONTRIBUTIONS.—
(1) IN GENERAL.—Except as otherwise provided in para-
graph (2), qualified contributions shall be disregarded in
applying subsections (b) and (d) of section 170 of the Internal
Revenue Code of 1986.
(2) TREATMENT OF EXCESS CONTRIBUTIONS.—For purposes
of section 170 of the Internal Revenue Code of 1986—
(A) INDIVIDUALS.—In the case of an individual—
(i) LIMITATION.—Any qualified contribution shall
be allowed as a deduction only to the extent that
the aggregate of such contributions does not exceed
the excess of the taxpayer’s contribution base (as
defined in subparagraph (H) of section 170(b)(1) of
such Code) over the amount of all other charitable
whamilton on LAP1Z6H6L3PROD with STATUTES
contributions allowed under section 170(b)(1) of such
Code.
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134 STAT. 346 PUBLIC LAW 116–136—MAR. 27, 2020
(ii) CARRYOVER.—If the aggregate amount of quali-
fied contributions made in the contribution year
(within the meaning of section 170(d)(1) of such Code)
exceeds the limitation of clause (i), such excess shall
be added to the excess described in section
170(b)(1)(G)(ii).
(B) CORPORATIONS.—In the case of a corporation—
(i) LIMITATION.—Any qualified contribution shall
be allowed as a deduction only to the extent that
the aggregate of such contributions does not exceed
the excess of 25 percent of the taxpayer’s taxable
income (as determined under paragraph (2) of section
170(b) of such Code) over the amount of all other
charitable contributions allowed under such paragraph.
(ii) CARRYOVER.—If the aggregate amount of quali-
fied contributions made in the contribution year
(within the meaning of section 170(d)(2) of such Code)
exceeds the limitation of clause (i), such excess shall
be appropriately taken into account under section
170(d)(2) subject to the limitations thereof.
(3) QUALIFIED CONTRIBUTIONS.—
Definition. (A) IN GENERAL.—For purposes of this subsection, the
term ‘‘qualified contribution’’ means any charitable con-
tribution (as defined in section 170(c) of the Internal Rev-
enue Code of 1986) if—
(i) such contribution is paid in cash during cal-
endar year 2020 to an organization described in section
170(b)(1)(A) of such Code, and
(ii) the taxpayer has elected the application of
this section with respect to such contribution.
(B) EXCEPTION.—Such term shall not include a con-
tribution by a donor if the contribution is—
(i) to an organization described in section 509(a)(3)
of the Internal Revenue Code of 1986, or
(ii) for the establishment of a new, or maintenance
of an existing, donor advised fund (as defined in section
4966(d)(2) of such Code).
(C) APPLICATION OF ELECTION TO PARTNERSHIPS AND
S CORPORATIONS.—In the case of a partnership or S corpora-
tion, the election under subparagraph (A)(ii) shall be made
separately by each partner or shareholder.
(b) INCREASE IN LIMITS ON CONTRIBUTIONS OF FOOD INVEN-
Applicability. TORY.—In the case of any charitable contribution of food during
2020 to which section 170(e)(3)(C) of the Internal Revenue Code
of 1986 applies, subclauses (I) and (II) of clause (ii) thereof shall
each be applied by substituting ‘‘25 percent’’ for ‘‘15 percent.’’
(c) EFFECTIVE DATE.—This section shall apply to taxable years
ending after December 31, 2019.
SEC. 2206. EXCLUSION FOR CERTAIN EMPLOYER PAYMENTS OF STU-
DENT LOANS.
(a) IN GENERAL.—Paragraph (1) of section 127(c) of the Internal
Revenue Code of 1986 is amended by striking ‘‘and’’ at the end
of subparagraph (A), by redesignating subparagraph (B) as subpara-
whamilton on LAP1Z6H6L3PROD with STATUTES
graph (C), and by inserting after subparagraph (A) the following
new subparagraph:
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 347
‘‘(B) in the case of payments made before January
1, 2021, the payment by an employer, whether paid to
the employee or to a lender, of principal or interest on
any qualified education loan (as defined in section
221(d)(1)) incurred by the employee for education of the
employee, and’’.
(b) CONFORMING AMENDMENT; DENIAL OF DOUBLE BENEFIT.—
The first sentence of paragraph (1) of section 221(e) of the Internal
Revenue Code of 1986 is amended by inserting before the period 26 USC 221.
the following: ‘‘, or for which an exclusion is allowable under section
127 to the taxpayer by reason of the payment by the taxpayer’s
employer of any indebtedness on a qualified education loan of
the taxpayer’’.
(c) EFFECTIVE DATE.—The amendments made by this section 26 USC 127 note.
shall apply to payments made after the date of the enactment
of this Act.
Subtitle C—Business Provisions
SEC. 2301. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS SUBJECT 26 USC 3111
TO CLOSURE DUE TO COVID–19. note.
(a) IN GENERAL.—In the case of an eligible employer, there
shall be allowed as a credit against applicable employment taxes
for each calendar quarter an amount equal to 50 percent of the
qualified wages with respect to each employee of such employer
for such calendar quarter.
(b) LIMITATIONS AND REFUNDABILITY.—
(1) WAGES TAKEN INTO ACCOUNT.—The amount of qualified
wages with respect to any employee which may be taken into
account under subsection (a) by the eligible employer for all
calendar quarters shall not exceed $10,000.
(2) CREDIT LIMITED TO EMPLOYMENT TAXES.—The credit
allowed by subsection (a) with respect to any calendar quarter
shall not exceed the applicable employment taxes (reduced by
any credits allowed under subsections (e) and (f) of section
3111 of the Internal Revenue Code of 1986 and sections 7001
and 7003 of the Families First Coronavirus Response Act) on
the wages paid with respect to the employment of all the
employees of the eligible employer for such calendar quarter.
(3) REFUNDABILITY OF EXCESS CREDIT.—
(A) IN GENERAL.—If the amount of the credit under
subsection (a) exceeds the limitation of paragraph (2) for
any calendar quarter, such excess shall be treated as an
overpayment that shall be refunded under sections 6402(a)
and 6413(b) of the Internal Revenue Code of 1986.
(B) TREATMENT OF PAYMENTS.—For purposes of section
1324 of title 31, United States Code, any amounts due
to the employer under this paragraph shall be treated
in the same manner as a refund due from a credit provision
referred to in subsection (b)(2) of such section.
(c) DEFINITIONS.—For purposes of this section—
(1) APPLICABLE EMPLOYMENT TAXES.—The term ‘‘applicable
employment taxes’’ means the following:
whamilton on LAP1Z6H6L3PROD with STATUTES
(A) The taxes imposed under section 3111(a) of the
Internal Revenue Code of 1986.
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134 STAT. 348 PUBLIC LAW 116–136—MAR. 27, 2020
(B) So much of the taxes imposed under section 3221(a)
of such Code as are attributable to the rate in effect under
section 3111(a) of such Code.
(2) ELIGIBLE EMPLOYER.—
(A) IN GENERAL.—The term ‘‘eligible employer’’ means
any employer—
(i) which was carrying on a trade or business
during calendar year 2020, and
(ii) with respect to any calendar quarter, for
which—
(I) the operation of the trade or business
described in clause (i) is fully or partially sus-
pended during the calendar quarter due to orders
from an appropriate governmental authority lim-
iting commerce, travel, or group meetings (for
commercial, social, religious, or other purposes)
due to the coronavirus disease 2019 (COVID–19),
or
(II) such calendar quarter is within the period
described in subparagraph (B).
Time period. (B) SIGNIFICANT DECLINE IN GROSS RECEIPTS.—The
period described in this subparagraph is the period—
(i) beginning with the first calendar quarter begin-
ning after December 31, 2019, for which gross receipts
(within the meaning of section 448(c) of the Internal
Revenue Code of 1986) for the calendar quarter are
less than 50 percent of gross receipts for the same
calendar quarter in the prior year, and
(ii) ending with the calendar quarter following the
first calendar quarter beginning after a calendar
quarter described in clause (i) for which gross receipts
of such employer are greater than 80 percent of gross
receipts for the same calendar quarter in the prior
year.
Applicability. (C) TAX-EXEMPT ORGANIZATIONS.—In the case of an
organization which is described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code, clauses (i) and (ii)(I) of subpara-
graph (A) shall apply to all operations of such organization.
(3) QUALIFIED WAGES.—
(A) IN GENERAL.—The term ‘‘qualified wages’’ means—
(i) in the case of an eligible employer for which
the average number of full-time employees (within the
meaning of section 4980H of the Internal Revenue
Code of 1986) employed by such eligible employer
during 2019 was greater than 100, wages paid by
such eligible employer with respect to which an
employee is not providing services due to circumstances
described in subclause (I) or (II) of paragraph (2)(A)(ii),
or
(ii) in the case of an eligible employer for which
the average number of full-time employees (within the
meaning of section 4980H of the Internal Revenue
Code of 1986) employed by such eligible employer
during 2019 was not greater than 100—
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(I) with respect to an eligible employer
described in subclause (I) of paragraph (2)(A)(ii),
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 349
wages paid by such eligible employer with respect
to an employee during any period described in
such clause, or
(II) with respect to an eligible employer
described in subclause (II) of such paragraph,
wages paid by such eligible employer with respect
to an employee during such quarter.
Such term shall not include any wages taken into account
under section 7001 or section 7003 of the Families First
Coronavirus Response Act.
(B) LIMITATION.—Qualified wages paid or incurred by
an eligible employer described in subparagraph (A)(i) with
respect to an employee for any period described in such
subparagraph may not exceed the amount such employee
would have been paid for working an equivalent duration
during the 30 days immediately preceding such period.
(C) ALLOWANCE FOR CERTAIN HEALTH PLAN EXPENSES.—
(i) IN GENERAL.—The term ‘‘qualified wages’’ shall
include so much of the eligible employer’s qualified
health plan expenses as are properly allocable to such
wages.
(ii) QUALIFIED HEALTH PLAN EXPENSES.—For pur-
poses of this paragraph, the term ‘‘qualified health
plan expenses’’ means amounts paid or incurred by
the eligible employer to provide and maintain a group
health plan (as defined in section 5000(b)(1) of the
Internal Revenue Code of 1986), but only to the extent
that such amounts are excluded from the gross income
of employees by reason of section 106(a) of such Code.
(iii) ALLOCATION RULES.—For purposes of this
paragraph, qualified health plan expenses shall be allo-
cated to qualified wages in such manner as the Sec-
retary may prescribe. Except as otherwise provided
by the Secretary, such allocation shall be treated as
properly made if made on the basis of being pro rata
among employees and pro rata on the basis of periods
of coverage (relative to the periods to which such wages
relate).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Treasury or the Secretary’s delegate.
(5) WAGES.—The term ‘‘wages’’ means wages (as defined
in section 3121(a) of the Internal Revenue Code of 1986) and
compensation (as defined in section 3231(e) of such Code).
(6) OTHER TERMS.—Any term used in this section which
is also used in chapter 21 or 22 of the Internal Revenue Code
of 1986 shall have the same meaning as when used in such
chapter.
(d) AGGREGATION RULE.—All persons treated as a single
employer under subsection (a) or (b) of section 52 of the Internal
Revenue Code of 1986, or subsection (m) or (o) of section 414
of such Code, shall be treated as one employer for purposes of
this section.
(e) CERTAIN RULES TO APPLY.—For purposes of this section,
rules similar to the rules of sections 51(i)(1) and 280C(a) of the
Internal Revenue Code of 1986 shall apply.
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(f) CERTAIN GOVERNMENTAL EMPLOYERS.—This credit shall not
apply to the Government of the United States, the government
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134 STAT. 350 PUBLIC LAW 116–136—MAR. 27, 2020
of any State or political subdivision thereof, or any agency or
instrumentality of any of the foregoing.
(g) ELECTION NOT TO HAVE SECTION APPLY.—This section shall
not apply with respect to any eligible employer for any calendar
quarter if such employer elects (at such time and in such manner
as the Secretary may prescribe) not to have this section apply.
(h) SPECIAL RULES.—
(1) EMPLOYEE NOT TAKEN INTO ACCOUNT MORE THAN
ONCE.—An employee shall not be included for purposes of this
section for any period with respect to any employer if such
employer is allowed a credit under section 51 of the Internal
Revenue Code of 1986 with respect to such employee for such
period.
(2) DENIAL OF DOUBLE BENEFIT.—Any wages taken into
account in determining the credit allowed under this section
shall not be taken into account for purposes of determining
the credit allowed under section 45S of such Code.
(3) THIRD PARTY PAYORS.—Any credit allowed under this
section shall be treated as a credit described in section
3511(d)(2) of such Code.
(i) TRANSFERS TO FEDERAL OLD-AGE AND SURVIVORS INSURANCE
TRUST FUND.—There are hereby appropriated to the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund established under section 201 of the Social
Security Act (42 U.S.C. 401) and the Social Security Equivalent
Benefit Account established under section 15A(a) of the Railroad
Retirement Act of 1974 (45 U.S.C. 14 231n–1(a)) amounts equal
to the reduction in revenues to the Treasury by reason of this
section (without regard to this subsection). Amounts appropriated
by the preceding sentence shall be transferred from the general
fund at such times and in such manner as to replicate to the
extent possible the transfers which would have occurred to such
Trust Fund or Account had this section not been enacted.
(j) RULE FOR EMPLOYERS TAKING SMALL BUSINESS INTERRUP-
TION LOAN.—If an eligible employer receives a covered loan under
paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C.
636(a)), as added by section 1102 of this Act, such employer shall
not be eligible for the credit under this section.
Waiver authority. (k) TREATMENT OF DEPOSITS.—The Secretary shall waive any
Determination. penalty under section 6656 of the Internal Revenue Code of 1986
for any failure to make a deposit of any applicable employment
taxes if the Secretary determines that such failure was due to
the reasonable anticipation of the credit allowed under this section.
(l) REGULATIONS AND GUIDANCE.—The Secretary shall issue
such forms, instructions, regulations, and guidance as are nec-
essary—
(1) to allow the advance payment of the credit under sub-
section (a), subject to the limitations provided in this section,
based on such information as the Secretary shall require,
(2) to provide for the reconciliation of such advance pay-
ment with the amount advanced at the time of filing the return
of tax for the applicable calendar quarter or taxable year,
(3) to provide for the recapture of the credit under this
section if such credit is allowed to a taxpayer which receives
a loan described in subsection (j) during a subsequent quarter,
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(4) with respect to the application of the credit under
subsection (a) to third party payors (including professional
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 351
employer organizations, certified professional employer
organizations, or agents under section 3504 of the Internal
Revenue Code of 1986), including regulations or guidance
allowing such payors to submit documentation necessary to
substantiate the eligible employer status of employers that
use such payors, and
(5) for application of subparagraphs (A)(ii)(II) and (B) of
subsection (c)(2) in the case of any employer which was not
carrying on a trade or business for all or part of the same
calendar quarter in the prior year.
(m) APPLICATION.—This section shall only apply to wages paid
after March 12, 2020, and before January 1, 2021.
SEC. 2302. DELAY OF PAYMENT OF EMPLOYER PAYROLL TAXES. 26 USC 3111
note.
(a) IN GENERAL.—
(1) TAXES.—Notwithstanding any other provision of law,
the payment for applicable employment taxes for the payroll
tax deferral period shall not be due before the applicable date.
(2) DEPOSITS.—Notwithstanding section 6302 of the
Internal Revenue Code of 1986, an employer shall be treated
as having timely made all deposits of applicable employment
taxes that are required to be made (without regard to this
section) for such taxes during the payroll tax deferral period
if all such deposits are made not later than the applicable
date.
(3) EXCEPTION.—This subsection shall not apply to any
taxpayer if such taxpayer has had indebtedness forgiven under
section 1106 of this Act with respect to a loan under paragraph
(36) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)),
as added by section 1102 of this Act, or indebtedness forgiven
under section 1109 of this Act.
(b) SECA.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, the payment for 50 percent of the taxes imposed under
section 1401(a) of the Internal Revenue Code of 1986 for the
payroll tax deferral period shall not be due before the applicable
date.
(2) ESTIMATED TAXES.—For purposes of applying section
6654 of the Internal Revenue Code of 1986 to any taxable
year which includes any part of the payroll tax deferral period,
50 percent of the taxes imposed under section 1401(a) of such
Code for the payroll tax deferral period shall not be treated
as taxes to which such section 6654 applies.
(c) LIABILITY OF THIRD PARTIES.—
(1) ACTS TO BE PERFORMED BY AGENTS.—For purposes of
section 3504 of the Internal Revenue Code of 1986, in the
case of any person designated pursuant to such section (and
any regulations or other guidance issued by the Secretary with
respect to such section) to perform acts otherwise required
to be performed by an employer under such Code, if such
employer directs such person to defer payment of any applicable
employment taxes during the payroll tax deferral period under
this section, such employer shall be solely liable for the payment
of such applicable employment taxes before the applicable date
whamilton on LAP1Z6H6L3PROD with STATUTES
for any wages paid by such person on behalf of such employer
during such period.
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134 STAT. 352 PUBLIC LAW 116–136—MAR. 27, 2020
(2) CERTIFIED PROFESSIONAL EMPLOYER ORGANIZATIONS.—
For purposes of section 3511, in the case of a certified profes-
sional employer organization (as defined in subsection (a) of
section 7705 of the Internal Revenue Code of 1986) that has
entered into a service contract described in subsection (e)(2)
of such section with a customer, if such customer directs such
organization to defer payment of any applicable employment
taxes during the payroll tax deferral period under this section,
such customer shall, notwithstanding subsections (a) and (c)
of section 3511, be solely liable for the payment of such
applicable employment taxes before the applicable date for
any wages paid by such organization to any work site employee
performing services for such customer during such period.
(d) DEFINITIONS.—For purposes of this section—
(1) APPLICABLE EMPLOYMENT TAXES.—The term ‘‘applicable
employment taxes’’ means the following:
(A) The taxes imposed under section 3111(a) of the
Internal Revenue Code of 1986.
(B) So much of the taxes imposed under section 3211(a)
of such Code as are attributable to the rate in effect under
section 3111(a) of such Code.
(C) So much of the taxes imposed under section 3221(a)
of such Code as are attributable to the rate in effect under
section 3111(a) of such Code.
(2) PAYROLL TAX DEFERRAL PERIOD.—The term ‘‘payroll tax
deferral period’’ means the period beginning on the date of
the enactment of this Act and ending before January 1, 2021.
(3) APPLICABLE DATE.—The term ‘‘applicable date’’ means—
(A) December 31, 2021, with respect to 50 percent
of the amounts to which subsection (a) or (b), as the case
may be, apply, and
(B) December 31, 2022, with respect to the remaining
such amounts.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Treasury (or the Secretary’s delegate).
(e) TRUST FUNDS HELD HARMLESS.—There are hereby appro-
priated (out of any money in the Treasury not otherwise appro-
priated) for each fiscal year to the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust
Fund established under section 201 of the Social Security Act (42
U.S.C. 401) and the Social Security Equivalent Benefit Account
established under section 15A(a) of the Railroad Retirement Act
of 1974 (45 U.S.C. 231n–1(a)) an amount equal to the reduction
in the transfers to such fund for such fiscal year by reason of
this section. Amounts appropriated by the preceding sentence shall
be transferred from the general fund at such times and in such
manner as to replicate to the extent possible the transfers which
would have occurred to such Trust Fund had such amendments
not been enacted.
(f) REGULATORY AUTHORITY.—The Secretary shall issue such
regulations or other guidance as necessary to carry out the purposes
of this section, including rules for the administration and enforce-
ment of subsection (c).
whamilton on LAP1Z6H6L3PROD with STATUTES
SEC. 2303. MODIFICATIONS FOR NET OPERATING LOSSES.
(a) TEMPORARY REPEAL OF TAXABLE INCOME LIMITATION.—
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 353
(1) IN GENERAL.—The first sentence of section 172(a) of
the Internal Revenue Code of 1986 is amended by striking 26 USC 172.
‘‘an amount equal to’’ and all that follows and inserting ‘‘an
amount equal to—
‘‘(1) in the case of a taxable year beginning before January
1, 2021, the aggregate of the net operating loss carryovers
to such year, plus the net operating loss carrybacks to such
year, and
‘‘(2) in the case of a taxable year beginning after December
31, 2020, the sum of—
‘‘(A) the aggregate amount of net operating losses
arising in taxable years beginning before January 1, 2018,
carried to such taxable year, plus
‘‘(B) the lesser of—
‘‘(i) the aggregate amount of net operating losses
arising in taxable years beginning after December 31,
2017, carried to such taxable year, or
‘‘(ii) 80 percent of the excess (if any) of—
‘‘(I) taxable income computed without regard
to the deductions under this section and sections
199A and 250, over
‘‘(II) the amount determined under subpara-
graph (A).’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 172(b)(2)(C) of such Code is amended to
read as follows:
‘‘(C) for taxable years beginning after December 31,
2020, be reduced by 20 percent of the excess (if any)
described in subsection (a)(2)(B)(ii) for such taxable year.’’.
(B) Section 172(d)(6)(C) of such Code is amended by
striking ‘‘subsection (a)(2)’’ and inserting ‘‘subsection
(a)(2)(B)(ii)(I)’’.
(C) Section 860E(a)(3)(B) of such Code is amended
by striking all that follows ‘‘for purposes of’’ and inserting
‘‘subsection (a)(2)(B)(ii)(I) and the second sentence of sub-
section (b)(2) of section 172.’’.
(b) MODIFICATIONS OF RULES RELATING TO CARRYBACKS.—
(1) IN GENERAL.—Section 172(b)(1) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new subparagraph:
‘‘(D) SPECIAL RULE FOR LOSSES ARISING IN 2018, 2019,
AND 2020.—
‘‘(i) IN GENERAL.—In the case of any net operating
loss arising in a taxable year beginning after December
31, 2017, and before January 1, 2021—
‘‘(I) such loss shall be a net operating loss
carryback to each of the 5 taxable years preceding
the taxable year of such loss, and
‘‘(II) subparagraphs (B) and (C)(i) shall not
apply.
‘‘(ii) SPECIAL RULES FOR REITS.—For purposes of
this subparagraph—
‘‘(I) IN GENERAL.—A net operating loss for a
REIT year shall not be a net operating loss
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carryback to any taxable year preceding the tax-
able year of such loss.
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134 STAT. 354 PUBLIC LAW 116–136—MAR. 27, 2020
‘‘(II) SPECIAL RULE.—In the case of any net
operating loss for a taxable year which is not a
REIT year, such loss shall not be carried to any
preceding taxable year which is a REIT year.
‘‘(III) REIT YEAR.—For purposes of this
subparagraph, the term ‘REIT year’ means any
taxable year for which the provisions of part II
of subchapter M (relating to real estate investment
trusts) apply to the taxpayer.
‘‘(iii) SPECIAL RULE FOR LIFE INSURANCE COMPA-
NIES.— In the case of a life insurance company, if
a net operating loss is carried pursuant to clause (i)(I)
to a life insurance company taxable year beginning
before January 1, 2018, such net operating loss
carryback shall be treated in the same manner as
an operations loss carryback (within the meaning of
section 810 as in effect before its repeal) of such com-
pany to such taxable year.
‘‘(iv) RULE RELATING TO CARRYBACKS TO YEARS TO
WHICH SECTION 965 APPLIES.—If a net operating loss
of a taxpayer is carried pursuant to clause (i)(I) to
any taxable year in which an amount is includible
in gross income by reason of section 965(a), the tax-
payer shall be treated as having made the election
under section 965(n) with respect to each such taxable
year.
‘‘(v) SPECIAL RULES FOR ELECTIONS UNDER PARA-
GRAPH (3).—
‘‘(I) SPECIAL ELECTION TO EXCLUDE SECTION
Time period. 965 YEARS.— If the 5-year carryback period under
clause (i)(I) with respect to any net operating loss
of a taxpayer includes 1 or more taxable years
in which an amount is includible in gross income
by reason of section 965(a), the taxpayer may,
in lieu of the election otherwise available under
paragraph (3), elect under such paragraph to
exclude all such taxable years from such carryback
period.
‘‘(II) TIME OF ELECTIONS.—An election under
paragraph (3) (including an election described in
subclause (I)) with respect to a net operating loss
arising in a taxable year beginning in 2018 or
2019 shall be made by the due date (including
extensions of time) for filing the taxpayer’s return
for the first taxable year ending after the date
of the enactment of this subparagraph.’’.
(2) CONFORMING AMENDMENT.—Section 172(b)(1)(A) of such
Code, as amended by subsection (c)(2), is amended by striking
‘‘and (C)(i)’’ and inserting ‘‘, (C)(i), and (D)’’.
(c) TECHNICAL AMENDMENT RELATING TO SECTION 13302 OF
PUBLIC LAW 115–97.—
26 USC 172 note. (1) Section 13302(e) of Public Law 115–97 is amended
to read as follows:
Applicability. ‘‘(e) EFFECTIVE DATES.—
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‘‘(1) NET OPERATING LOSS LIMITATION.—The amendments
made by subsections (a) and (d)(2) shall apply to—
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 355
‘‘(A) taxable years beginning after December 31, 2017,
and
‘‘(B) taxable years beginning on or before such date
to which net operating losses arising in taxable years begin-
ning after such date are carried.
‘‘(2) CARRYOVERS AND CARRYBACKS.—The amendments
made by subsections (b), (c), and (d)(1) shall apply to net
operating losses arising in taxable years beginning after
December 31, 2017.’’.
(2) Section 172(b)(1)(A) of the Internal Revenue Code of
1986 is amended to read as follows: 26 USC 172.
‘‘(A) GENERAL RULE.—A net operating loss for any tax-
able year—
‘‘(i) shall be a net operating loss carryback to the
extent provided in subparagraphs (B) and (C)(i), and
‘‘(ii) except as provided in subparagraph (C)(ii),
shall be a net operating loss carryover—
‘‘(I) in the case of a net operating loss arising
in a taxable year beginning before January 1, 2018,
to each of the 20 taxable years following the tax-
able year of the loss, and
‘‘(II) in the case of a net operating loss arising
in a taxable year beginning after December 31,
2017, to each taxable year following the taxable
year of the loss.’’.
(d) EFFECTIVE DATES.— Applicability.
(1) NET OPERATING LOSS LIMITATION.—The amendments 26 USC 172 note.
made by subsection (a) shall apply—
(A) to taxable years beginning after December 31, 2017,
and
(B) to taxable years beginning on or before December
31, 2017, to which net operating losses arising in taxable
years beginning after December 31, 2017, are carried.
(2) CARRYOVERS AND CARRYBACKS.—The amendment made
by subsection (b) shall apply to—
(A) net operating losses arising in taxable years begin-
ning after December 31, 2017, and
(B) taxable years beginning before, on, or after such
date to which such net operating losses are carried.
(3) TECHNICAL AMENDMENTS.—The amendments made by
subsection (c) shall take effect as if included in the provisions
of Public Law 115–97 to which they relate.
(4) SPECIAL RULE.—In the case of a net operating loss Time period.
arising in a taxable year beginning before January 1, 2018, Deadline.
and ending after December 31, 2017—
(A) an application under section 6411(a) of the Internal
Revenue Code of 1986 with respect to the carryback of
such net operating loss shall not fail to be treated as
timely filed if filed not later than the date which is 120
days after the date of the enactment of this Act, and
(B) an election to—
(i) forgo any carryback of such net operating loss,
(ii) reduce any period to which such net operating
loss may be carried back, or
whamilton on LAP1Z6H6L3PROD with STATUTES
(iii) revoke any election made under section 172(b)
to forgo any carryback of such net operating loss,
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134 STAT. 356 PUBLIC LAW 116–136—MAR. 27, 2020
shall not fail to be treated as timely made if made not
later than the date which is 120 days after the date of
the enactment of this Act.
SEC. 2304. MODIFICATION OF LIMITATION ON LOSSES FOR TAXPAYERS
OTHER THAN CORPORATIONS.
(a) IN GENERAL.—Section 461(l)(1) of the Internal Revenue
26 USC 461. Code of 1986 is amended to read as follows:
Time periods. ‘‘(1) LIMITATION.—In the case of a taxpayer other than
a corporation—
‘‘(A) for any taxable year beginning after December
31, 2017, and before January 1, 2026, subsection (j)
(relating to limitation on excess farm losses of certain tax-
payers) shall not apply, and
‘‘(B) for any taxable year beginning after December
31, 2020, and before January 1, 2026, any excess business
loss of the taxpayer for the taxable year shall not be
allowed.’’.
(b) TECHNICAL AMENDMENTS RELATING TO SECTION 11012 OF
PUBLIC LAW 115–97.—
(1) Section 461(l)(2) of the Internal Revenue Code of 1986
is amended by striking ‘‘a net operating loss carryover to the
following taxable year under section 172’’ and inserting ‘‘a
net operating loss for the taxable year for purposes of deter-
mining any net operating loss carryover under section 172(b)
for subsequent taxable years’’.
(2) Section 461(l)(3)(A) of such Code is amended—
(A) in clause (i), by inserting ‘‘and without regard
to any deduction allowable under section 172 or 199A’’
after ‘‘under paragraph (1)’’, and
(B) by adding at the end the following flush sentence:
‘‘Such excess shall be determined without regard to any deduc-
tions, gross income, or gains attributable to any trade or busi-
ness of performing services as an employee.’’.
(3) Section 461(l)(3) of such Code is amended by redesig-
nating subparagraph (B) as subparagraph (C) and by inserting
after subparagraph (A) the following new subparagraph:
‘‘(B) TREATMENT OF CAPITAL GAINS AND LOSSES.—
‘‘(i) LOSSES.—Deductions for losses from sales or
exchanges of capital assets shall not be taken into
account under subparagraph (A)(i).
‘‘(ii) GAINS.—The amount of gains from sales or
exchanges of capital assets taken into account under
subparagraph (A)(ii) shall not exceed the lesser of—
‘‘(I) the capital gain net income determined
by taking into account only gains and losses attrib-
utable to a trade or business, or
‘‘(II) the capital gain net income.’’.
26 USC 461 note. (c) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by subsection
(a) shall apply to taxable years beginning after December 31,
2017.
(2) TECHNICAL AMENDMENTS.—The amendments made by
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subsection (b) shall take effect as if included in the provisions
of Public Law 115–97 to which they relate.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 357
SEC. 2305. MODIFICATION OF CREDIT FOR PRIOR YEAR MINIMUM TAX
LIABILITY OF CORPORATIONS.
(a) IN GENERAL.—Section 53(e) of the Internal Revenue Code
of 1986 is amended— 26 USC 53.
(1) by striking ‘‘2018, 2019, 2020, or 2021’’ in paragraph
(1) and inserting ‘‘2018 or 2019’’, and
(2) by striking ‘‘2021’’ in paragraph (2) and inserting ‘‘2019’’.
(b) ELECTION TO TAKE ENTIRE REFUNDABLE CREDIT AMOUNT
IN 2018.—
(1) IN GENERAL.—Section 53(e) of such Code is amended
by adding at the end the following new paragraph:
‘‘(5) SPECIAL RULE.—In the case of a corporation making
an election under this paragraph—
‘‘(A) paragraph (1) shall not apply, and
‘‘(B) subsection (c) shall not apply to the first taxable
year of such corporation beginning in 2018.’’.
(c) EFFECTIVE DATE.—The amendments made by this section 26 USC 53 note.
shall apply to taxable years beginning after December 31, 2017.
(d) SPECIAL RULE.— 26 USC 53 note.
(1) IN GENERAL.—For purposes of the Internal Revenue
Code of 1986, a credit or refund for which an application
described in paragraph (2)(A) is filed shall be treated as made
under section 6411 of such Code.
(2) TENTATIVE REFUND.—
(A) APPLICATION.—A taxpayer may file an application
for a tentative refund of any amount for which a refund
is due by reason of an election under section 53(e)(5) of
the Internal Revenue Code of 1986. Such application shall
be in such manner and form as the Secretary of the
Treasury (or the Secretary’s delegate) may prescribe and
shall—
(i) be verified in the same manner as an application
under section 6411(a) of such Code,
(ii) be filed prior to December 31, 2020, and Deadline.
(iii) set forth—
(I) the amount of the refundable credit claimed
under section 53(e) of such Code for such taxable
year,
(II) the amount of the refundable credit
claimed under such section for any previously filed
return for such taxable year, and
(III) the amount of the refund claimed.
(B) ALLOWANCE OF ADJUSTMENTS.—Within a period of Time period.
90 days from the date on which an application is filed
under subparagraph (A), the Secretary of the Treasury
(or the Secretary’s delegate) shall—
(i) review the application, Review.
(ii) determine the amount of the overpayment, and Determination.
(iii) apply, credit, or refund such overpayment,
in a manner similar to the manner provided in section
6411(b) of the Internal Revenue Code of 1986.
(C) CONSOLIDATED RETURNS.—The provisions of section Applicability.
6411(c) of the Internal Revenue Code of 1986 Code shall
apply to an adjustment under this paragraph to the same
whamilton on LAP1Z6H6L3PROD with STATUTES
extent and manner as the Secretary of the Treasury (or
the Secretary’s delegate) may provide.
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134 STAT. 358 PUBLIC LAW 116–136—MAR. 27, 2020
SEC. 2306. MODIFICATIONS OF LIMITATION ON BUSINESS INTEREST.
(a) IN GENERAL.—Section 163(j) of the Internal Revenue Code
26 USC 163. of 1986 is amended by redesignating paragraph (10) as paragraph
(11) and by inserting after paragraph (9) the following new para-
graph:
‘‘(10) SPECIAL RULE FOR TAXABLE YEARS BEGINNING IN 2019
AND 2020.—
‘‘(A) IN GENERAL.—
Applicability. ‘‘(i) IN GENERAL.—Except as provided in clause
(ii) or (iii), in the case of any taxable year beginning
in 2019 or 2020, paragraph (1)(B) shall be applied
by substituting ‘50 percent’ for ‘30 percent’.
‘‘(ii) SPECIAL RULE FOR PARTNERSHIPS.—In the case
of a partnership—
‘‘(I) clause (i) shall not apply to any taxable
year beginning in 2019, but
‘‘(II) unless a partner elects not to have this
subclause apply, in the case of any excess business
interest of the partnership for any taxable year
beginning in 2019 which is allocated to the partner
under paragraph (4)(B)(i)(II)—
‘‘(aa) 50 percent of such excess business
interest shall be treated as business interest
which, notwithstanding paragraph (4)(B)(ii), is
paid or accrued by the partner in the partner’s
first taxable year beginning in 2020 and which
is not subject to the limits of paragraph (1),
and
‘‘(bb) 50 percent of such excess business
interest shall be subject to the limitations of
paragraph (4)(B)(ii) in the same manner as
any other excess business interest so allocated.
‘‘(iii) ELECTION OUT.—A taxpayer may elect, at
such time and in such manner as the Secretary may
prescribe, not to have clause (i) apply to any taxable
year. Such an election, once made, may be revoked
only with the consent of the Secretary. In the case
of a partnership, any such election shall be made by
the partnership and may be made only for taxable
years beginning in 2020.
‘‘(B) ELECTION TO USE 2019 ADJUSTED TAXABLE INCOME
FOR TAXABLE YEARS BEGINNING IN 2020.—
‘‘(i) IN GENERAL.—Subject to clause (ii), in the case
of any taxable year beginning in 2020, the taxpayer
may elect to apply this subsection by substituting the
adjusted taxable income of the taxpayer for the last
taxable year beginning in 2019 for the adjusted taxable
income for such taxable year. In the case of a partner-
ship, any such election shall be made by the partner-
ship.
‘‘(ii) SPECIAL RULE FOR SHORT TAXABLE YEARS.—
If an election is made under clause (i) for a taxable
year which is a short taxable year, the adjusted taxable
income for the taxpayer’s last taxable year beginning
in 2019 which is substituted under clause (i) shall
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be equal to the amount which bears the same ratio
to such adjusted taxable income determined without
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 359
regard to this clause as the number of months in
the short taxable year bears to 12’’.
(b) EFFECTIVE DATE.—The amendments made by this section 26 USC 163.
shall apply to taxable years beginning after December 31, 2018.
SEC. 2307. TECHNICAL AMENDMENTS REGARDING QUALIFIED
IMPROVEMENT PROPERTY.
(a) IN GENERAL.—Section 168 of the Internal Revenue Code
of 1986 is amended— 26 USC 168.
(1) in subsection (e)—
(A) in paragraph (3)(E), by striking ‘‘and’’ at the end
of clause (v), by striking the period at the end of clause
(vi) and inserting ‘‘, and’’, and by adding at the end the
following new clause:
‘‘(vii) any qualified improvement property.’’, and
(B) in paragraph (6)(A), by inserting ‘‘made by the
taxpayer’’ after ‘‘any improvement’’, and
(2) in the table contained in subsection (g)(3)(B)—
(A) by striking the item relating to subparagraph
(D)(v), and
(B) by inserting after the item relating to subparagraph
(E)(vi) the following new item:
‘‘(E)(vii) ...................................................................................................... 20’’.
(b) EFFECTIVE DATE.—The amendments made by this section 26 USC 168 note.
shall take effect as if included in section 13204 of Public Law
115–97.
SEC. 2308. TEMPORARY EXCEPTION FROM EXCISE TAX FOR ALCOHOL
USED TO PRODUCE HAND SANITIZER.
(a) IN GENERAL.—Section 5214(a) of the Internal Revenue Code
of 1986 is amended—
(1) in paragraph (13), by striking the period at the end
and inserting ‘‘; or’’, and
(2) by adding at the end the following new paragraph: Time period.
‘‘(14) with respect to distilled spirits removed after
December 31, 2019, and before January 1, 2021, free of tax
for use in or contained in hand sanitizer produced and distrib-
uted in a manner consistent with any guidance issued by the
Food and Drug Administration that is related to the outbreak
of virus SARS–CoV–2 or coronavirus disease 2019 (COVID–
19).’’.
(b) EFFECTIVE DATE.—The amendments made by this section 26 USC 5214
shall apply to distilled spirits removed after December 31, 2019. note.
(c) APPLICATION OF OTHER LAWS.—Any distilled spirits or 26 USC 5214
product described in paragraph (14) of section 5214(a) of the note.
Internal Revenue Code of 1986 (as added by this section) shall
not be subject to any requirements related to labeling or bulk
sales under—
(1) section 105 or 106 of the Federal Alcohol Administration
Act (27 U.S.C. 205, 206); or
(2) section 204 of the Alcoholic Beverage Labeling Act of
1988 (27 U.S.C. 215).
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134 STAT. 360 PUBLIC LAW 116–136—MAR. 27, 2020
TITLE III—SUPPORTING AMERICA’S
HEALTH CARE SYSTEM IN THE FIGHT
AGAINST THE CORONAVIRUS
Coronavirus Aid, Subtitle A—Health Provisions
Relief, and
Economic
Security Act. SEC. 3001. SHORT TITLE.
42 USC 201 note.
This subtitle may be cited as the ‘‘Coronavirus Aid, Relief,
and Economic Security Act’’.
PART I—ADDRESSING SUPPLY SHORTAGES
Subpart A—Medical Product Supplies
SEC. 3101. NATIONAL ACADEMIES REPORT ON AMERICA’S MEDICAL
PRODUCT SUPPLY CHAIN SECURITY.
Contracts. (a) IN GENERAL.—Not later than 60 days after the date of
enactment of this Act, the Secretary of Health and Human Services
shall enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine (referred to in this section
as the ‘‘National Academies’’) to examine, and, in a manner that
does not compromise national security, report on, the security of
the United States medical product supply chain.
(b) PURPOSES.—The report developed under this section shall—
Assessment. (1) assess and evaluate the dependence of the United
Evaluation. States, including the private commercial sector, States, and
the Federal Government, on critical drugs and devices that
are sourced or manufactured outside of the United States,
which may include an analysis of—
(A) the supply chain of critical drugs and devices of
greatest priority to providing health care;
(B) any potential public health security or national
security risks associated with reliance on critical drugs
and devices sourced or manufactured outside of the United
States, which may include responses to previous or existing
shortages or public health emergencies, such as infectious
disease outbreaks, bioterror attacks, and other public
health threats;
(C) any existing supply chain information gaps, as
applicable; and
(D) potential economic impact of increased domestic
manufacturing; and
Recommenda- (2) provide recommendations, which may include a plan
tions. to improve the resiliency of the supply chain for critical drugs
and devices as described in paragraph (1), and to address
any supply vulnerabilities or potential disruptions of such prod-
ucts that would significantly affect or pose a threat to public
health security or national security, as appropriate, which may
include strategies to—
(A) promote supply chain redundancy and contingency
planning;
(B) encourage domestic manufacturing, including
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consideration of economic impacts, if any;
(C) improve supply chain information gaps;
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 361
(D) improve planning considerations for medical
product supply chain capacity during public health emer-
gencies; and
(E) promote the accessibility of such drugs and devices.
(c) INPUT.—In conducting the study and developing the report
under subsection (b), the National Academies shall—
(1) consider input from the Department of Health and
Human Services, the Department of Homeland Security, the
Department of Defense, the Department of Commerce, the
Department of State, the Department of Veterans Affairs, the
Department of Justice, and any other Federal agencies as
appropriate; and
(2) consult with relevant stakeholders, which may include Consultation.
conducting public meetings and other forms of engagement,
as appropriate, with health care providers, medical professional
societies, State-based societies, public health experts, State and
local public health departments, State medical boards, patient
groups, medical product manufacturers, health care distribu-
tors, wholesalers and group purchasing organizations, phar-
macists, and other entities with experience in health care and
public health, as appropriate.
(d) DEFINITIONS.—In this section, the terms ‘‘device’’ and ‘‘drug’’
have the meanings given such terms in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
SEC. 3102. REQUIRING THE STRATEGIC NATIONAL STOCKPILE TO
INCLUDE CERTAIN TYPES OF MEDICAL SUPPLIES.
Section 319F–2(a)(1) of the Public Health Service Act (42 U.S.C.
247d–6b(a)(1)) is amended by inserting ‘‘(including personal protec-
tive equipment, ancillary medical supplies, and other applicable
supplies required for the administration of drugs, vaccines and
other biological products, medical devices, and diagnostic tests in
the stockpile)’’ after ‘‘other supplies’’.
SEC. 3103. TREATMENT OF RESPIRATORY PROTECTIVE DEVICES AS
COVERED COUNTERMEASURES.
Section 319F–3(i)(1)(D) of the Public Health Service Act (42
U.S.C. 247d–6d(i)(1)(D)) is amended to read as follows:
‘‘(D) a respiratory protective device that is approved Determination.
by the National Institute for Occupational Safety and
Health under part 84 of title 42, Code of Federal Regula-
tions (or any successor regulations), and that the Secretary
determines to be a priority for use during a public health
emergency declared under section 319.’’.
Subpart B—Mitigating Emergency Drug Shortages
SEC. 3111. PRIORITIZE REVIEWS OF DRUG APPLICATIONS; INCEN-
TIVES.
Section 506C(g) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 356c(g)) is amended—
(1) in paragraph (1), by striking ‘‘the Secretary may’’ and
inserting ‘‘the Secretary shall, as appropriate’’;
(2) in paragraph (1), by inserting ‘‘prioritize and’’ before
‘‘expedite the review’’; and
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(3) in paragraph (2), by inserting ‘‘prioritize and’’ before
‘‘expedite an inspection’’.
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134 STAT. 362 PUBLIC LAW 116–136—MAR. 27, 2020
SEC. 3112. ADDITIONAL MANUFACTURER REPORTING REQUIREMENTS
IN RESPONSE TO DRUG SHORTAGES.
(a) EXPANSION TO INCLUDE ACTIVE PHARMACEUTICAL INGREDI-
ENTS.—Subsection (a) of section 506C of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356c) is amended—
(1) in paragraph (1)(C), by inserting ‘‘or any such drug
that is critical to the public health during a public health
emergency declared by the Secretary under section 319 of the
Public Health Service Act’’ after ‘‘during surgery’’; and
(2) in the flush text at the end—
(A) by inserting ‘‘, or a permanent discontinuance in
the manufacture of an active pharmaceutical ingredient
or an interruption in the manufacture of the active pharma-
ceutical ingredient of such drug that is likely to lead to
a meaningful disruption in the supply of the active pharma-
ceutical ingredient of such drug,’’ before ‘‘and the reasons’’;
and
(B) by adding at the end the following: ‘‘Notification
under this subsection shall include disclosure of reasons
for the discontinuation or interruption, and if applicable,
an active pharmaceutical ingredient is a reason for, or
risk factor in, such discontinuation or interruption, the
source of the active pharmaceutical ingredient and any
alternative sources for the active pharmaceutical ingredient
known by the manufacturer; whether any associated device
used for preparation or administration included in the drug
is a reason for, or a risk factor in, such discontinuation
or interruption; the expected duration of the interruption;
and such other information as the Secretary may require.’’.
(b) RISK MANAGEMENT.—Section 506C of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356c) is amended by adding
at the end the following:
‘‘(j) RISK MANAGEMENT PLANS.—Each manufacturer of a drug
described in subsection (a) or of any active pharmaceutical ingre-
dient or any associated medical device used for preparation or
administration included in the drug, shall develop, maintain, and
implement, as appropriate, a redundancy risk management plan
that identifies and evaluates risks to the supply of the drug, as
applicable, for each establishment in which such drug or active
Inspection. pharmaceutical ingredient of such drug is manufactured. A risk
management plan under this section shall be subject to inspection
and copying by the Secretary pursuant to an inspection or a request
under section 704(a)(4).’’.
(c) ANNUAL NOTIFICATION.—Section 506E of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356e) is amended by adding
at the end the following:
‘‘(d) INTERAGENCY NOTIFICATION.—Not later than 180 days after
the date of enactment of this subsection, and every 90 days there-
after, the Secretary shall transmit a report regarding the drugs
of the current drug shortage list under this section to the Adminis-
trator of the Centers for Medicare & Medicaid Services.’’.
(d) REPORTING AFTER INSPECTIONS.—Section 704(b) of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 374(b)) is amended—
(1) by redesignating paragraphs (1) and (2) and subpara-
graphs (A) and (B);
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(2) by striking ‘‘(b) Upon completion’’ and inserting ‘‘(b)(1)
Upon completion’’; and
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 363
(3) by adding at the end the following:
‘‘(2) In carrying out this subsection with respect to any Records.
establishment manufacturing a drug approved under subsection
(c) or (j) of section 505 for which a notification has been submitted
in accordance with section 506C is, or has been in the last 5
years, listed on the drug shortage list under section 506E, or that
is described in section 505(j)(11)(A), a copy of the report shall
be sent promptly to the appropriate offices of the Food and Drug
Administration with expertise regarding drug shortages.’’.
(e) REPORTING REQUIREMENT.—Section 510(j) of the Federal
Food, Drug, Cosmetic Act (21 U.S.C. 360(j)) is amended—
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
‘‘(3)(A) Each person who registers with the Secretary under
this section with regard to a drug shall report annually to
the Secretary on the amount of each drug listed under para-
graph (1) that was manufactured, prepared, propagated, com-
pounded, or processed by such person for commercial distribu-
tion. Such information may be required to be submitted in
an electronic format as determined by the Secretary. The Sec-
retary may require that information required to be reported
under this paragraph be submitted at the time a public health
emergency is declared by the Secretary under section 319 of
the Public Health Service Act.
‘‘(B) By order of the Secretary, certain biological products Determination.
or categories of biological products regulated under section 351
of the Public Health Service Act may be exempt from some
or all of the reporting requirements under subparagraph (A),
if the Secretary determines that applying such reporting
requirements to such biological products or categories of
biological products is not necessary to protect the public
health.’’.
(f) CONFIDENTIALITY.—Nothing in the amendments made by 21 USC 356c
this section shall be construed as authorizing the Secretary to note.
disclose any information that is a trade secret or confidential
information subject to section 552(b)(4) of title 5, United States
Code, or section 1905 of title 18, United States Code.
(g) EFFECTIVE DATE.—The amendments made by this section 21 USC 356c
and section 3111 shall take effect on the date that is 180 days note.
after the date of enactment of this Act.
Subpart C—Preventing Medical Device Shortages
SEC. 3121. DISCONTINUANCE OR INTERRUPTION IN THE PRODUCTION
OF MEDICAL DEVICES.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 351 et seq.) is amended by inserting after section 506I
the following:
‘‘SEC. 506J. DISCONTINUANCE OR INTERRUPTION IN THE PRODUCTION 21 USC 356j.
OF MEDICAL DEVICES.
‘‘(a) IN GENERAL.—A manufacturer of a device that—
‘‘(1) is critical to public health during a public health emer-
gency, including devices that are life-supporting, life-sustaining,
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or intended for use in emergency medical care or during sur-
gery; or
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134 STAT. 364 PUBLIC LAW 116–136—MAR. 27, 2020
Determination. ‘‘(2) for which the Secretary determines that information
Notification. on potential meaningful supply disruptions of such device is
needed during, or in advance of, a public health emergency;
shall, during, or in advance of, a public health emergency declared
by the Secretary under section 319 of the Public Health Service
Act, notify the Secretary, in accordance with subsection (b), of
a permanent discontinuance in the manufacture of the device
(except for discontinuances as a result of an approved modification
of the device) or an interruption of the manufacture of the device
that is likely to lead to a meaningful disruption in the supply
of that device in the United States, and the reasons for such
discontinuance or interruption.
‘‘(b) TIMING.—A notice required under subsection (a) shall be
submitted to the Secretary—
‘‘(1) at least 6 months prior to the date of the discontinuance
or interruption; or
‘‘(2) if compliance with paragraph (1) is not possible, as
soon as practicable.
Determination. ‘‘(c) DISTRIBUTION.—
‘‘(1) PUBLIC AVAILABILITY.—To the maximum extent prac-
ticable, subject to paragraph (2), the Secretary shall distribute,
through such means as the Secretary determines appropriate,
information on the discontinuance or interruption of the manu-
facture of devices reported under subsection (a) to appropriate
organizations, including physician, health provider, patient
organizations, and supply chain partners, as appropriate and
applicable, as described in subsection (g).
‘‘(2) PUBLIC HEALTH EXCEPTION.—The Secretary may choose
not to make information collected under this section publicly
available pursuant to this section if the Secretary determines
that disclosure of such information would adversely affect the
public health, such as by increasing the possibility of unneces-
sary over purchase of product, component parts, or other disrup-
tion of the availability of medical products to patients.
‘‘(d) CONFIDENTIALITY.—Nothing in this section shall be con-
strued as authorizing the Secretary to disclose any information
that is a trade secret or confidential information subject to section
552(b)(4) of title 5, United States Code, or section 1905 of title
18, United States Code.
Deadlines. ‘‘(e) FAILURE TO MEET REQUIREMENTS.—If a person fails to
submit information required under subsection (a) in accordance
with subsection (b)—
Notification. ‘‘(1) the Secretary shall issue a letter to such person
informing such person of such failure;
‘‘(2) not later than 30 calendar days after the issuance
of a letter under paragraph (1), the person who receives such
letter shall submit to the Secretary a written response to such
letter setting forth the basis for noncompliance and providing
information required under subsection (a); and
Public ‘‘(3) not later than 45 calendar days after the issuance
information. of a letter under paragraph (1), the Secretary shall make such
Web posting. letter and any response to such letter under paragraph (2)
Determination.
available to the public on the internet website of the Food
and Drug Administration, with appropriate redactions made
to protect information described in subsection (d), except that,
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if the Secretary determines that the letter under paragraph
(1) was issued in error or, after review of such response, the
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 365
person had a reasonable basis for not notifying as required
under subsection (a), the requirements of this paragraph shall
not apply.
‘‘(f) EXPEDITED INSPECTIONS AND REVIEWS.—If, based on
notifications described in subsection (a) or any other relevant
information, the Secretary concludes that there is, or is likely
to be, a shortage of an device, the Secretary shall, as appropriate—
‘‘(1) prioritize and expedite the review of a submission
under section 513(f)(2), 515, review of a notification under
section 510(k), or 520(m) for a device that could help mitigate
or prevent such shortage; or
‘‘(2) prioritize and expedite an inspection or reinspection
of an establishment that could help mitigate or prevent such
shortage.
‘‘(g) DEVICE SHORTAGE LIST.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish and Determination.
maintain an up-to-date list of devices that are determined
by the Secretary to be in shortage in the United States.
‘‘(2) CONTENTS.—For each device included on the list under
paragraph (1), the Secretary shall include the following
information:
‘‘(A) The category or name of the device in shortage.
‘‘(B) The name of each manufacturer of such device.
‘‘(C) The reason for the shortage, as determined by
the Secretary, selecting from the following categories:
‘‘(i) Requirements related to complying with good
manufacturing practices.
‘‘(ii) Regulatory delay.
‘‘(iii) Shortage or discontinuance of a component
or part.
‘‘(iv) Discontinuance of the manufacture of the
device.
‘‘(v) Delay in shipping of the device.
‘‘(vi) Delay in sterilization of the device.
‘‘(vii) Demand increase for the device.
‘‘(viii) Facility closure.
‘‘(D) The estimated duration of the shortage as deter- Estimate.
mined by the Secretary. Determination.
‘‘(3) PUBLIC AVAILABILITY.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), the Secretary shall make the information in the list
under paragraph (1) publicly available.
‘‘(B) TRADE SECRETS AND CONFIDENTIAL INFORMA-
TION.—Nothing in this subsection shall be construed to
alter or amend section 1905 of title 18, United States
Code, or section 552(b)(4) of title 5 of such Code.
‘‘(C) PUBLIC HEALTH EXCEPTION.—The Secretary may Determination.
elect not to make information collected under this sub-
section publicly available if the Secretary determines that
disclosure of such information would adversely affect the
public health (such as by increasing the possibility of
hoarding or other disruption of the availability of the device
to patients).
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to affect the authority of the Secretary on the date
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of enactment of this section to expedite the review of devices under
section 515 of the Federal Food, Drug, and Cosmetic Act, section
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134 STAT. 366 PUBLIC LAW 116–136—MAR. 27, 2020
515B of such Act relating to the priority review program for devices,
and section 564 of such Act relating to the emergency use authoriza-
tion authorities.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) MEANINGFUL DISRUPTION.—The term ‘meaningful
disruption’—
‘‘(A) means a change in production that is reasonably
likely to lead to a reduction in the supply of a device
by a manufacturer that is more than negligible and affects
the ability of the manufacturer to fill orders or meet
expected demand for its product;
‘‘(B) does not include interruptions in manufacturing
due to matters such as routine maintenance or insignificant
changes in manufacturing so long as the manufacturer
expects to resume operations in a short period of time,
not to exceed 6 months;
‘‘(C) does not include interruptions in manufacturing
of components or raw materials so long as such interrup-
tions do not result in a shortage of the device and the
manufacturer expects to resume operations in a reasonable
period of time; and
‘‘(D) does not include interruptions in manufacturing
that do not lead to a reduction in procedures or diagnostic
tests associated with a medical device designed to perform
more than one procedure or diagnostic test.
‘‘(2) SHORTAGE.—The term ‘shortage’, with respect to a
device, means a period of time when the demand or projected
demand for the device within the United States exceeds the
supply of the device.’’.
PART II—ACCESS TO HEALTH CARE FOR
COVID–19 PATIENTS
Subpart A—Coverage of Testing and Preventive
Services
SEC. 3201. COVERAGE OF DIAGNOSTIC TESTING FOR COVID–19.
Paragraph (1) of section 6001(a) of division F of the Families
Ante, p. 201. First Coronavirus Response Act (Public Law 116–127) is amended
to read as follows:
‘‘(1) An in vitro diagnostic test defined in section 809.3
of title 21, Code of Federal Regulations (or successor regula-
tions) for the detection of SARS–CoV–2 or the diagnosis of
the virus that causes COVID–19, and the administration of
such a test, that—
‘‘(A) is approved, cleared, or authorized under section
510(k), 513, 515, or 564 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb–3);
‘‘(B) the developer has requested, or intends to request,
emergency use authorization under section 564 of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–
3), unless and until the emergency use authorization
request under such section 564 has been denied or the
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developer of such test does not submit a request under
such section within a reasonable timeframe;
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 367
‘‘(C) is developed in and authorized by a State that
has notified the Secretary of Health and Human Services
of its intention to review tests intended to diagnose
COVID–19; or
‘‘(D) other test that the Secretary determines appro-
priate in guidance.’’.
SEC. 3202. PRICING OF DIAGNOSTIC TESTING. 42 USC 256b
note.
(a) REIMBURSEMENT RATES.—A group health plan or a health
insurance issuer providing coverage of items and services described
in section 6001(a) of division F of the Families First Coronavirus
Response Act (Public Law 116–127) with respect to an enrollee
shall reimburse the provider of the diagnostic testing as follows:
(1) If the health plan or issuer has a negotiated rate with Applicability.
such provider in effect before the public health emergency
declared under section 319 of the Public Health Service Act
(42 U.S.C. 247d), such negotiated rate shall apply throughout
the period of such declaration.
(2) If the health plan or issuer does not have a negotiated Reimbursement.
rate with such provider, such plan or issuer shall reimburse Public
the provider in an amount that equals the cash price for such information.
Web posting.
service as listed by the provider on a public internet website,
or such plan or issuer may negotiate a rate with such provider
for less than such cash price.
(b) REQUIREMENT TO PUBLICIZE CASH PRICE FOR DIAGNOSTIC
TESTING FOR COVID–19.—
(1) IN GENERAL.—During the emergency period declared Web posting.
under section 319 of the Public Health Service Act (42 U.S.C.
247d), each provider of a diagnostic test for COVID–19 shall
make public the cash price for such test on a public internet
website of such provider.
(2) CIVIL MONETARY PENALTIES.—The Secretary of Health Compliance.
and Human Services may impose a civil monetary penalty
on any provider of a diagnostic test for COVID–19 that is
not in compliance with paragraph (1) and has not completed
a corrective action plan to comply with the requirements of
such paragraph, in an amount not to exceed $300 per day
that the violation is ongoing.
SEC. 3203. RAPID COVERAGE OF PREVENTIVE SERVICES AND VAC- 42 USC
CINES FOR CORONAVIRUS. 300gg–13 note.
(a) IN GENERAL.—Notwithstanding 2713(b) of the Public Health Regulations.
Service Act (42 U.S.C. 300gg–13), the Secretary of Health and
Human Services, the Secretary of Labor, and the Secretary of
the Treasury shall require group health plans and health insurance
issuers offering group or individual health insurance to cover (with-
out cost-sharing) any qualifying coronavirus preventive service,
pursuant to section 2713(a) of the Public Health Service Act (42
U.S.C. 300gg–13(a)) (including the regulations under sections
2590.715–2713 of title 29, Code of Federal Regulations, section
54.9815–2713 of title 26, Code of Federal Regulations, and section
147.130 of title 45, Code of Federal Regulations (or any successor
regulations)). The requirement described in this subsection shall Effective date.
take effect with respect to a qualifying coronavirus preventive
service on the specified date described in subsection (b)(2).
(b) DEFINITIONS.—For purposes of this section:
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(1) QUALIFYING CORONAVIRUS PREVENTIVE SERVICE.—The
term ‘‘qualifying coronavirus preventive service’’ means an item,
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134 STAT. 368 PUBLIC LAW 116–136—MAR. 27, 2020
service, or immunization that is intended to prevent or mitigate
coronavirus disease 2019 and that is—
(A) an evidence-based item or service that has in effect
a rating of ‘‘A’’ or ‘‘B’’ in the current recommendations
of the United States Preventive Services Task Force; or
(B) an immunization that has in effect a recommenda-
tion from the Advisory Committee on Immunization Prac-
tices of the Centers for Disease Control and Prevention
with respect to the individual involved.
Time period. (2) SPECIFIED DATE.—The term ‘‘specified date’’ means the
Recommenda- date that is 15 business days after the date on which a rec-
tion. ommendation is made relating to the qualifying coronavirus
preventive service as described in such paragraph.
(3) ADDITIONAL TERMS.—In this section, the terms ‘‘group
health plan’’, ‘‘health insurance issuer’’, ‘‘group health insurance
coverage’’, and ‘‘individual health insurance coverage’’ have the
meanings given such terms in section 2791 of the Public Health
Service Act (42 U.S.C. 300gg–91), section 733 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1191b),
and section 9832 of the Internal Revenue Code, as applicable.
Subpart B—Support for Health Care Providers
SEC. 3211. SUPPLEMENTAL AWARDS FOR HEALTH CENTERS.
(a) SUPPLEMENTAL AWARDS.—Section 330(r) of the Public
Health Service Act (42 U.S.C. 254b(r)) is amended by adding at
the end the following:
‘‘(6) ADDITIONAL AMOUNTS FOR SUPPLEMENTAL AWARDS.—
In addition to any amounts made available pursuant to this
subsection, section 402A of this Act, or section 10503 of the
Patient Protection and Affordable Care Act, there is authorized
to be appropriated, and there is appropriated, out of any monies
in the Treasury not otherwise appropriated, $1,320,000,000
for fiscal year 2020 for supplemental awards under subsection
(d) for the detection of SARS–CoV–2 or the prevention, diag-
nosis, and treatment of COVID–19.’’.
(b) APPLICATION OF PROVISIONS.—Amounts appropriated pursu-
ant to the amendment made by subsection (a) for fiscal year 2020
shall be subject to the requirements contained in Public Law 116–
94 for funds for programs authorized under sections 330 through
340 of the Public Health Service Act (42 U.S.C. 254 through 256).
SEC. 3212. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CEN-
TERS GRANT PROGRAMS.
Section 330I of the Public Health Service Act (42 U.S.C. 254c–
14) is amended—
(1) in subsection (d)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘projects to demonstrate how telehealth tech-
nologies can be used through telehealth networks’’ and
inserting ‘‘evidence-based projects that utilize tele-
health technologies through telehealth networks’’;
(ii) in subparagraph (A)—
(I) by striking ‘‘the quality of’’ and inserting
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‘‘access to, and the quality of,’’; and
(II) by inserting ‘‘and’’ after the semicolon;
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 369
(iii) by striking subparagraph (B);
(iv) by redesignating subparagraph (C) as subpara-
graph (B); and
(v) in subparagraph (B), as so redesignated, by
striking ‘‘and patients and their families, for decision-
making’’ and inserting ‘‘, patients, and their families’’;
and
(B) in paragraph (2)—
(i) by striking ‘‘demonstrate how telehealth tech-
nologies can be used’’ and inserting ‘‘support initiatives
that utilize telehealth technologies’’; and
(ii) by striking ‘‘, to establish telehealth resource
centers’’;
(2) in subsection (e), by striking ‘‘4 years’’ and inserting
‘‘5 years’’;
(3) in subsection (f)—
(A) by striking paragraph (2);
(B) in paragraph (1)(B)—
(i) by redesignating clauses (i) through (iii) as para-
graphs (1) through (3), respectively, and adjusting the
margins accordingly;
(ii) in paragraph (3), as so redesignated by clause
(i), by redesignating subclauses (I) through (XII) as
subparagraphs (A) through (L), respectively, and
adjusting the margins accordingly; and
(iii) by striking ‘‘(1) TELEHEALTH NETWORK
GRANTS—’’ and all that follows through ‘‘(B) TELE-
HEALTH NETWORKS—’’; and
(C) in paragraph (3)(I), as so redesignated, by inserting
‘‘and substance use disorder’’ after ‘‘mental health’’ each
place such term appears;
(4) in subsection (g)(2), by striking ‘‘or improve’’ and
inserting ‘‘and improve’’;
(5) by striking subsection (h);
(6) by redesignating subsections (i) through (p) as sub-
section (h) through (o), respectively;
(7) in subsection (h), as so redesignated—
(A) in paragraph (1)—
(i) in subparagraph (B), by striking ‘‘mental health,
public health, long-term care, home care, preventive’’
and inserting ‘‘mental health care, public health serv-
ices, long-term care, home care, preventive care’’;
(ii) in subparagraph (E), by inserting ‘‘and
regional’’ after ‘‘local’’; and
(iii) by striking subparagraph (F); and
(B) in paragraph (2)(A), by striking ‘‘medically under-
served areas or’’ and inserting ‘‘rural areas, medically
underserved areas, or’’;
(8) in paragraph (2) of subsection (i), as so redesignated,
by striking ‘‘ensure that—’’ and all that follows through the
end of subparagraph (B) and inserting ‘‘ensure that not less
than 50 percent of the funds awarded shall be awarded for
projects in rural areas.’’;
(9) in subsection (j), as so redesignated—
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(A) in paragraph (1)(B), by striking ‘‘computer hard-
ware and software, audio and video equipment, computer
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134 STAT. 370 PUBLIC LAW 116–136—MAR. 27, 2020
network equipment, interactive equipment, data terminal
equipment, and other’’; and
(B) in paragraph (2)(F), by striking ‘‘health care pro-
viders and’’;
(10) in subsection (k), as so redesignated—
(A) in paragraph (2), by striking ‘‘40 percent’’ and
inserting ‘‘20 percent’’; and
(B) in paragraph (3), by striking ‘‘(such as laying cable
or telephone lines, or purchasing or installing microwave
towers, satellite dishes, amplifiers, or digital switching
equipment)’’;
(11) by striking subsections (q) and (r) and inserting the
following:
‘‘(p) REPORT.—Not later than 4 years after the date of enact-
ment of the Coronavirus Aid, Relief, and Economic Security Act,
and every 5 years thereafter, the Secretary shall prepare and submit
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives a report on the activities and outcomes
of the grant programs under subsection (b).’’;
(12) by redesignating subsection (s) as subsection (q); and
(13) in subsection (q), as so redesignated, by striking ‘‘this
section—’’ and all that follows through the end of paragraph
(2) and inserting ‘‘this section $29,000,000 for each of fiscal
years 2021 through 2025.’’.
SEC. 3213. RURAL HEALTH CARE SERVICES OUTREACH, RURAL
HEALTH NETWORK DEVELOPMENT, AND SMALL HEALTH
CARE PROVIDER QUALITY IMPROVEMENT GRANT PRO-
GRAMS.
Section 330A of the Public Health Service Act (42 U.S.C. 254c)
is amended—
(1) in subsection (d)(2)—
(A) in subparagraph (A), by striking ‘‘essential’’ and
inserting ‘‘basic’’; and
(B) in subparagraph (B)—
(i) in the matter preceding clause (i), by inserting
‘‘to’’ after ‘‘grants’’; and
(ii) in clauses (i), (ii), and (iii), by striking ‘‘to’’
each place such term appears;
(2) in subsection (e)—
(A) in paragraph (1)—
(i) by inserting ‘‘improving and’’ after ‘‘outreach
by’’;
(ii) by inserting ‘‘, through community engagement
and evidence-based or innovative, evidence-informed
models’’ before the period of the first sentence; and
(iii) by striking ‘‘3 years’’ and inserting ‘‘5 years’’;
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘shall’’ after ‘‘entity’’;
(ii) in subparagraph (A), by striking ‘‘shall be a
rural public or rural nonprofit private entity’’ and
inserting ‘‘be an entity with demonstrated experience
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serving, or the capacity to serve, rural underserved
populations’’;
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 371
(iii) in subparagraphs (B) and (C), by striking
‘‘shall’’ each place such term appears; and
(iv) in subparagraph (B)—
(I) in the matter preceding clause (i), by
inserting ‘‘that’’ after ‘‘members’’; and
(II) in clauses (i) and (ii), by striking ‘‘that’’
each place such term appears; and
(C) in paragraph (3)(C), by striking ‘‘the local commu-
nity or region’’ and inserting ‘‘the rural underserved popu-
lations in the local community or region’’;
(3) in subsection (f)—
(A) in paragraph (1)—
(i) in subparagraph (A)—
(I) in the matter preceding clause (i), by
striking ‘‘promote, through planning and
implementation, the development of integrated
health care networks that have combined the func-
tions of the entities participating in the networks’’
and inserting ‘‘plan, develop, and implement
integrated health care networks that collaborate’’;
and
(II) in clause (ii), by striking ‘‘essential health
care services’’ and inserting ‘‘basic health care
services and associated health outcomes’’; and
(ii) by amending subparagraph (B) to read as fol-
lows:
‘‘(B) GRANT PERIODS.—The Director may award grants
under this subsection for periods of not more than 5 years.’’;
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘shall’’ after ‘‘entity’’;
(ii) in subparagraph (A), by striking ‘‘shall be a
rural public or rural nonprofit private entity’’ and
inserting ‘‘be an entity with demonstrated experience
serving, or the capacity to serve, rural underserved
populations’’;
(iii) in subparagraph (B)—
(I) in the matter preceding clause (i)—
(aa) by striking ‘‘shall’’; and
(bb) by inserting ‘‘that’’ after ‘‘partici-
pants’’; and
(II) in clauses (i) and (ii), by striking ‘‘that’’
each place such term appears; and
(iv) in subparagraph (C), by striking ‘‘shall’’; and
(C) in paragraph (3)—
(i) by amending clause (iii) of subparagraph (C)
to read as follows:
‘‘(iii) how the rural underserved populations in
the local community or region to be served will benefit
from and be involved in the development and ongoing
operations of the network;’’; and
(ii) in subparagraph (D), by striking ‘‘the local
community or region’’ and inserting ‘‘the rural under-
served populations in the local community or region’’;
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(4) in subsection (g)—
(A) in paragraph (1)—
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134 STAT. 372 PUBLIC LAW 116–136—MAR. 27, 2020
(i) by inserting ‘‘, including activities related to
increasing care coordination, enhancing chronic disease
management, and improving patient health outcomes’’
before the period of the first sentence; and
(ii) by striking ‘‘3 years’’ and inserting ‘‘5 years’’;
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘shall’’ after ‘‘entity’’;
(ii) in subparagraphs (A) and (B), by striking
‘‘shall’’ each place such term appears; and
(iii) in subparagraph (A)(ii), by inserting ‘‘or
regional’’ after ‘‘local’’; and
(C) in paragraph (3)(D), by striking ‘‘the local commu-
nity or region’’ and inserting ‘‘the rural underserved popu-
lations in the local community or region’’;
(5) in subsection (h)(3), in the matter preceding subpara-
graph (A), by inserting ‘‘, as appropriate,’’ after ‘‘the Secretary’’;
(6) by amending subsection (i) to read as follows:
‘‘(i) REPORT.—Not later than 4 years after the date of enactment
of the Coronavirus Aid, Relief, and Economic Security Act, and
every 5 years thereafter, the Secretary shall prepare and submit
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives a report on the activities and outcomes
of the grant programs under subsections (e), (f), and (g), including
the impact of projects funded under such programs on the health
status of rural residents with chronic conditions.’’; and
(7) in subsection (j), by striking ‘‘$45,000,000 for each of
fiscal years 2008 through 2012’’ and inserting ‘‘$79,500,000
for each of fiscal years 2021 through 2025’’.
SEC. 3214. UNITED STATES PUBLIC HEALTH SERVICE MODERNIZATION.
(a) COMMISSIONED CORPS AND READY RESERVE CORPS.—Section
203 of the Public Health Service Act (42 U.S.C. 204) is amended—
(1) in subsection (a)(1), by striking ‘‘a Ready Reserve Corps
for service in time of national emergency’’ and inserting ‘‘,
for service in time of a public health or national emergency,
a Ready Reserve Corps’’; and
(2) in subsection (c)—
(A) in the heading, by striking ‘‘RESEARCH’’ and
inserting ‘‘RESERVE CORPS’’;
(B) in paragraph (1), by inserting ‘‘during public health
or national emergencies’’ before the period;
(C) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘, consistent with paragraph (1)’’ after ‘‘shall’’;
(ii) in subparagraph (C), by inserting ‘‘during such
emergencies’’ after ‘‘members’’; and
(iii) in subparagraph (D), by inserting ‘‘, consistent
with subparagraph (C)’’ before the period; and
(D) by adding at the end the following:
‘‘(3) STATUTORY REFERENCES TO RESERVE.—A reference in
any Federal statute, except in the case of subsection (b), to
the ‘Reserve Corps’ of the Public Health Service or to the
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‘reserve’ of the Public Health Service shall be deemed to be
a reference to the Ready Reserve Corps.’’.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 373
(b) DEPLOYMENT READINESS.—Section 203A(a)(1)(B) of the
Public Health Service Act (42 U.S.C. 204a(a)(1)(B)) is amended
by striking ‘‘Active Reserves’’ and inserting ‘‘Ready Reserve Corps’’.
(c) RETIREMENT OF COMMISSIONED OFFICERS.—Section 211 of
the Public Health Service Act (42 U.S.C. 212) is amended—
(1) by striking ‘‘the Service’’ each place it appears and
inserting ‘‘the Regular Corps’’;
(2) in subsection (a)(4), by striking ‘‘(in the case of an
officer in the Reserve Corps)’’;
(3) in subsection (c)—
(A) in paragraph (1)—
(i) by striking ‘‘or an officer of the Reserve Corps’’;
and
(ii) by inserting ‘‘or under section 221(a)(19)’’ after
‘‘subsection (a)’’; and
(B) in paragraph (2), by striking ‘‘Regular or Reserve
Corps’’ and inserting ‘‘Regular Corps or Ready Reserve
Corps’’; and
(4) in subsection (f), by striking ‘‘the Regular or Reserve
Corps of’’.
(d) RIGHTS, PRIVILEGES, ETC. OF OFFICERS AND SURVIVING
BENEFICIARIES.—Section 221 of the Public Health Service Act (42
U.S.C. 213a) is amended—
(1) in subsection (a), by adding at the end the following:
‘‘(19) Chapter 1223, Retired Pay for Non-Regular Service.
‘‘(20) Section 12601, Compensation: Reserve on active duty
accepting from any person.
‘‘(21) Section 12684, Reserves: separation for absence with-
out authority or sentence to imprisonment.’’; and
(2) in subsection (b)—
(A) by striking ‘‘Secretary of Health, Education, and
Welfare or his designee’’ and inserting ‘‘Secretary of Health
and Human Services or the designee of such secretary’’;
(B) by striking ‘‘(b) The authority vested’’ and inserting
the following:
‘‘(b)(1) The authority vested’’;
(C) by striking ‘‘For purposes of’’ and inserting the
following:
‘‘(2) For purposes of’’; and
(D) by adding at the end the following:
‘‘(3) For purposes of paragraph (19) of subsection (a), the terms Definitions.
‘Military department’, ‘Secretary concerned’, and ‘Armed forces’ in
such title 10 shall be deemed to include, respectively, the Depart-
ment of Health and Human Services, the Secretary of Health and
Human Services, and the Commissioned Corps.’’.
(e) TECHNICAL AMENDMENTS.—Title II of the Public Health
Service Act (42 U.S.C. 202 et seq.) is amended—
(1) in sections 204 and 207(c), by striking ‘‘Regular or 42 USC 205, 209.
Reserve Corps’’ each place it appears and inserting ‘‘Regular
Corps or Ready Reserve Corps’’;
(2) in section 208(a), by striking ‘‘Regular and Reserve 42 USC 210.
Corps’’ each place it appears and inserting ‘‘Regular Corps
and Ready Reserve Corps’’; and
(3) in section 205(c), 206(c), 210, and 219, and in sub- 42 USC 206, 207,
sections (a), (b), and (d) of section 207, by striking ‘‘Reserve 211, 210–1, 209.
whamilton on LAP1Z6H6L3PROD with STATUTES
Corps’’ each place it appears and inserting ‘‘Ready Reserve
Corps’’.
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134 STAT. 374 PUBLIC LAW 116–136—MAR. 27, 2020
42 USC 234 note. SEC. 3215. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE
PROFESSIONALS DURING COVID–19 EMERGENCY
RESPONSE.
(a) LIMITATION ON LIABILITY.—Except as provided in subsection
(b), a health care professional shall not be liable under Federal
or State law for any harm caused by an act or omission of the
professional in the provision of health care services during the
public health emergency with respect to COVID–19 declared by
the Secretary of Health and Human Services (referred to in this
section as the ‘‘Secretary’’) under section 319 of the Public Health
Service Act (42 U.S.C. 247d) on January 31, 2020, if—
(1) the professional is providing health care services in
response to such public health emergency, as a volunteer; and
(2) the act or omission occurs—
(A) in the course of providing health care services;
(B) in the health care professional’s capacity as a volun-
teer;
(C) in the course of providing health care services
that—
(i) are within the scope of the license, registration,
or certification of the volunteer, as defined by the
State of licensure, registration, or certification; and
(ii) do not exceed the scope of license, registration,
or certification of a substantially similar health profes-
sional in the State in which such act or omission occurs;
and
(D) in a good faith belief that the individual being
treated is in need of health care services.
(b) EXCEPTIONS.—Subsection (a) does not apply if—
(1) the harm was caused by an act or omission constituting
willful or criminal misconduct, gross negligence, reckless mis-
conduct, or a conscious flagrant indifference to the rights or
safety of the individual harmed by the health care professional;
or
(2) the health care professional rendered the health care
services under the influence (as determined pursuant to
applicable State law) of alcohol or an intoxicating drug.
(c) PREEMPTION.—
(1) IN GENERAL.—This section preempts the laws of a State
or any political subdivision of a State to the extent that such
laws are inconsistent with this section, unless such laws provide
greater protection from liability.
(2) VOLUNTEER PROTECTION ACT.—Protections afforded by
this section are in addition to those provided by the Volunteer
Protection Act of 1997 (Public Law 105–19).
(d) DEFINITIONS.—In this section—
(1) the term ‘‘harm’’ includes physical, nonphysical, eco-
nomic, and noneconomic losses;
(2) the term ‘‘health care professional’’ means an individual
who is licensed, registered, or certified under Federal or State
law to provide health care services;
(3) the term ‘‘health care services’’ means any services
provided by a health care professional, or by any individual
working under the supervision of a health care professional
that relate to—
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(A) the diagnosis, prevention, or treatment of COVID–
19; or
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 375
(B) the assessment or care of the health of a human
being related to an actual or suspected case of COVID–
19; and
(4) the term ‘‘volunteer’’ means a health care professional
who, with respect to the health care services rendered, does
not receive compensation or any other thing of value in lieu
of compensation, which compensation—
(A) includes a payment under any insurance policy
or health plan, or under any Federal or State health bene-
fits program; and
(B) excludes—
(i) receipt of items to be used exclusively for ren-
dering health care services in the health care profes-
sional’s capacity as a volunteer described in subsection
(a)(1); and
(ii) any reimbursement for travel to the site where
the volunteer services are rendered and any payments
in cash or kind to cover room and board, if services
are being rendered more than 75 miles from the volun-
teer’s principal place of residence.
(e) EFFECTIVE DATE.—This section shall take effect upon the Applicability.
date of enactment of this Act, and applies to a claim for harm
only if the act or omission that caused such harm occurred on
or after the date of enactment.
(f) SUNSET.—This section shall be in effect only for the length
of the public health emergency declared by the Secretary of Health
and Human Services (referred to in this section as the ‘‘Secretary’’)
under section 319 of the Public Health Service Act (42 U.S.C.
247d) on January 31, 2020 with respect to COVID–19.
SEC. 3216. FLEXIBILITY FOR MEMBERS OF NATIONAL HEALTH SERVICE 42 USC 254f
CORPS DURING EMERGENCY PERIOD. note.
During the public health emergency declared by the Secretary
of Health and Human Services under section 319 of the Public
Health Service Act (42 U.S.C. 247d) on January 31, 2020, with
respect to COVID–19, the Secretary may, notwithstanding section
333 of the Public Health Service Act (42 U.S.C. 254f), assign mem-
bers of the National Health Service Corps, with the voluntary
agreement of such corps members, to provide such health services
at such places, and for such number of hours, as the Secretary
determines necessary to respond to such emergency, provided that
such places are within a reasonable distance of the site to which
such members were originally assigned, and the total number of
hours required are the same as were required of such members
prior to the date of enactment of this Act.
Subpart C—Miscellaneous Provisions
SEC. 3221. CONFIDENTIALITY AND DISCLOSURE OF RECORDS 42 USC 290dd–2
RELATING TO SUBSTANCE USE DISORDER. note.
(a) CONFORMING CHANGES RELATING TO SUBSTANCE USE DIS-
ORDER.—Subsections (a) and (h) of section 543 of the Public Health
Service Act (42 U.S.C. 290dd–2) are each amended by striking
‘‘substance abuse’’ and inserting ‘‘substance use disorder’’.
(b) DISCLOSURES TO COVERED ENTITIES CONSISTENT WITH
whamilton on LAP1Z6H6L3PROD with STATUTES
HIPAA.—Paragraph (1) of section 543(b) of the Public Health
Service Act (42 U.S.C. 290dd–2(b)) is amended to read as follows:
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134 STAT. 376 PUBLIC LAW 116–136—MAR. 27, 2020
Applicability. ‘‘(1) CONSENT.—The following shall apply with respect to
the contents of any record referred to in subsection (a):
‘‘(A) Such contents may be used or disclosed in accord-
ance with the prior written consent of the patient with
respect to whom such record is maintained.
‘‘(B) Once prior written consent of the patient has
been obtained, such contents may be used or disclosed
by a covered entity, business associate, or a program subject
to this section for purposes of treatment, payment, and
health care operations as permitted by the HIPAA regula-
tions. Any information so disclosed may then be redisclosed
in accordance with the HIPAA regulations. Section 13405(c)
of the Health Information Technology and Clinical Health
Act (42 U.S.C. 17935(c)) shall apply to all disclosures pursu-
ant to subsection (b)(1) of this section.
‘‘(C) It shall be permissible for a patient’s prior written
consent to be given once for all such future uses or disclo-
sures for purposes of treatment, payment, and health care
operations, until such time as the patient revokes such
consent in writing.
‘‘(D) Section 13405(a) of the Health Information Tech-
nology and Clinical Health Act (42 U.S.C. 17935(a)) shall
apply to all disclosures pursuant to subsection (b)(1) of
this section.’’.
(c) DISCLOSURES OF DE-IDENTIFIED HEALTH INFORMATION TO
PUBLIC HEALTH AUTHORITIES.—Paragraph (2) of section 543(b) of
the Public Health Service Act (42 U.S.C. 290dd–2(b)), is amended
by adding at the end the following:
‘‘(D) To a public health authority, so long as such
content meets the standards established in section
164.514(b) of title 45, Code of Federal Regulations (or suc-
cessor regulations) for creating de-identified information.’’.
(d) DEFINITIONS.—Section 543 of the Public Health Service
Act (42 U.S.C. 290dd–2) is amended by adding at the end the
following:
‘‘(k) DEFINITIONS.—For purposes of this section:
‘‘(1) BREACH.—The term ‘breach’ has the meaning given
such term for purposes of the HIPAA regulations.
‘‘(2) BUSINESS ASSOCIATE.—The term ‘business associate’
has the meaning given such term for purposes of the HIPAA
regulations.
‘‘(3) COVERED ENTITY.—The term ‘covered entity’ has the
meaning given such term for purposes of the HIPAA regula-
tions.
‘‘(4) HEALTH CARE OPERATIONS.—The term ‘health care
operations’ has the meaning given such term for purposes of
the HIPAA regulations.
‘‘(5) HIPAA REGULATIONS.—The term ‘HIPAA regulations’
has the meaning given such term for purposes of parts 160
and 164 of title 45, Code of Federal Regulations.
‘‘(6) PAYMENT.—The term ‘payment’ has the meaning given
such term for purposes of the HIPAA regulations.
‘‘(7) PUBLIC HEALTH AUTHORITY.—The term ‘public health
authority’ has the meaning given such term for purposes of
the HIPAA regulations.
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‘‘(8) TREATMENT.—The term ‘treatment’ has the meaning
given such term for purposes of the HIPAA regulations.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 377
‘‘(9) UNSECURED PROTECTED HEALTH INFORMATION.—The
term ‘unprotected health information’ has the meaning given
such term for purposes of the HIPAA regulations.’’.
(e) USE OF RECORDS IN CRIMINAL, CIVIL, OR ADMINISTRATIVE
INVESTIGATIONS, ACTIONS, OR PROCEEDINGS.—Subsection (c) of sec-
tion 543 of the Public Health Service Act (42 U.S.C. 290dd–2(c))
is amended to read as follows:
‘‘(c) USE OF RECORDS IN CRIMINAL, CIVIL, OR ADMINISTRATIVE
CONTEXTS.—Except as otherwise authorized by a court order under
subsection (b)(2)(C) or by the consent of the patient, a record
referred to in subsection (a), or testimony relaying the information
contained therein, may not be disclosed or used in any civil,
criminal, administrative, or legislative proceedings conducted by
any Federal, State, or local authority, against a patient, including
with respect to the following activities:
‘‘(1) Such record or testimony shall not be entered into
evidence in any criminal prosecution or civil action before a
Federal or State court.
‘‘(2) Such record or testimony shall not form part of the
record for decision or otherwise be taken into account in any
proceeding before a Federal, State, or local agency.
‘‘(3) Such record or testimony shall not be used by any
Federal, State, or local agency for a law enforcement purpose
or to conduct any law enforcement investigation.
‘‘(4) Such record or testimony shall not be used in any
application for a warrant.’’.
(f) PENALTIES.—Subsection (f) of section 543 of the Public
Health Service Act (42 U.S.C. 290dd–2) is amended to read as
follows:
‘‘(f) PENALTIES.—The provisions of sections 1176 and 1177 of Applicability.
the Social Security Act shall apply to a violation of this section
to the extent and in the same manner as such provisions apply
to a violation of part C of title XI of such Act. In applying the
previous sentence—
‘‘(1) the reference to ‘this subsection’ in subsection (a)(2)
of such section 1176 shall be treated as a reference to ‘this
subsection (including as applied pursuant to section 543(f) of
the Public Health Service Act)’; and
‘‘(2) in subsection (b) of such section 1176—
‘‘(A) each reference to ‘a penalty imposed under sub-
section (a)’ shall be treated as a reference to ‘a penalty
imposed under subsection (a) (including as applied pursu-
ant to section 543(f) of the Public Health Service Act)’;
and
‘‘(B) each reference to ‘no damages obtained under
subsection (d)’ shall be treated as a reference to ‘no dam-
ages obtained under subsection (d) (including as applied
pursuant to section 543(f) of the Public Health Service
Act)’.’’.
(g) ANTIDISCRIMINATION.—Section 543 of the Public Health
Service Act (42 U.S.C. 290dd–2) is amended by inserting after
subsection (h) the following:
‘‘(i) ANTIDISCRIMINATION.—
‘‘(1) IN GENERAL.—No entity shall discriminate against an
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individual on the basis of information received by such entity
pursuant to an inadvertent or intentional disclosure of records,
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134 STAT. 378 PUBLIC LAW 116–136—MAR. 27, 2020
or information contained in records, described in subsection
(a) in—
‘‘(A) admission, access to, or treatment for health care;
‘‘(B) hiring, firing, or terms of employment, or receipt
of worker’s compensation;
‘‘(C) the sale, rental, or continued rental of housing;
‘‘(D) access to Federal, State, or local courts; or
‘‘(E) access to, approval of, or maintenance of social
services and benefits provided or funded by Federal, State,
or local governments.
‘‘(2) RECIPIENTS OF FEDERAL FUNDS.—No recipient of Fed-
eral funds shall discriminate against an individual on the basis
of information received by such recipient pursuant to an inten-
tional or inadvertent disclosure of such records or information
contained in records described in subsection (a) in affording
access to the services provided with such funds.’’.
(h) NOTIFICATION IN CASE OF BREACH.—Section 543 of the
Public Health Service Act (42 U.S.C. 290dd–2), as amended by
subsection (g), is further amended by inserting after subsection
(i) the following:
Applicability. ‘‘(j) NOTIFICATION IN CASE OF BREACH.—The provisions of sec-
tion 13402 of the HITECH Act (42 U.S.C. 17932) shall apply to
a program or activity described in subsection (a), in case of a
breach of records described in subsection (a), to the same extent
and in the same manner as such provisions apply to a covered
entity in the case of a breach of unsecured protected health informa-
tion.’’.
Consultation. (i) REGULATIONS.—
42 USC 290dd–2 (1) IN GENERAL.—The Secretary of Health and Human
note.
Applicability. Services, in consultation with appropriate Federal agencies,
Time period. shall make such revisions to regulations as may be necessary
for implementing and enforcing the amendments made by this
section, such that such amendments shall apply with respect
to uses and disclosures of information occurring on or after
the date that is 12 months after the date of enactment of
this Act.
Deadline. (2) EASILY UNDERSTANDABLE NOTICE OF PRIVACY PRAC-
Update. TICES.—Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services, in
consultation with appropriate legal, clinical, privacy, and civil
rights experts, shall update section 164.520 of title 45, Code
of Federal Regulations, so that covered entities and entities
creating or maintaining the records described in subsection
(a) provide notice, written in plain language, of privacy practices
regarding patient records referred to in section 543(a) of the
Public Health Service Act (42 U.S.C. 290dd–2(a)), including—
(A) a statement of the patient’s rights, including self-
pay patients, with respect to protected health information
and a brief description of how the individual may exercise
these rights (as required by subsection (b)(1)(iv) of such
section 164.520); and
(B) a description of each purpose for which the covered
entity is permitted or required to use or disclose protected
health information without the patient’s written authoriza-
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tion (as required by subsection (b)(2) of such section
164.520).
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 379
(j) RULES OF CONSTRUCTION.—Nothing in this Act or the amend- 42 USC 290dd–2
ments made by this Act shall be construed to limit— note.
(1) a patient’s right, as described in section 164.522 of
title 45, Code of Federal Regulations, or any successor regula-
tion, to request a restriction on the use or disclosure of a
record referred to in section 543(a) of the Public Health Service
Act (42 U.S.C. 290dd–2(a)) for purposes of treatment, payment,
or health care operations; or
(2) a covered entity’s choice, as described in section 164.506
of title 45, Code of Federal Regulations, or any successor regula-
tion, to obtain the consent of the individual to use or disclose
a record referred to in such section 543(a) to carry out treat-
ment, payment, or health care operation.
(k) SENSE OF CONGRESS.—It is the sense of the Congress that—
(1) any person treating a patient through a program or
activity with respect to which the confidentiality requirements
of section 543 of the Public Health Service Act (42 U.S.C.
290dd–2) apply is encouraged to access the applicable State-
based prescription drug monitoring program when clinically
appropriate;
(2) patients have the right to request a restriction on the
use or disclosure of a record referred to in section 543(a) of
the Public Health Service Act (42 U.S.C. 290dd–2(a)) for treat-
ment, payment, or health care operations;
(3) covered entities should make every reasonable effort
to the extent feasible to comply with a patient’s request for
a restriction regarding such use or disclosure;
(4) for purposes of applying section 164.501 of title 45,
Code of Federal Regulations, the definition of health care oper-
ations shall have the meaning given such term in such section,
except that clause (v) of paragraph (6) shall not apply; and
(5) programs creating records referred to in section 543(a)
of the Public Health Service Act (42 U.S.C. 290dd–2(a)) should
receive positive incentives for discussing with their patients
the benefits to consenting to share such records.
SEC. 3222. NUTRITION SERVICES. 42 USC 3030e
note.
(a) DEFINITIONS.—In this section, the terms ‘‘Assistant Sec-
retary’’, ‘‘Secretary’’, ‘‘State agency’’, and ‘‘area agency on aging’’
have the meanings given the terms in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002).
(b) NUTRITION SERVICES TRANSFER CRITERIA.—During any por-
tion of the COVID–19 public health emergency declared under
section 319 of the Public Health Service Act (42 U.S.C. 247d),
the Secretary shall allow a State agency or an area agency on
aging, without prior approval, to transfer not more than 100 percent
of the funds received by the State agency or area agency on aging,
respectively, and attributable to funds appropriated under para-
graph (1) or (2) of section 303(b) of the Older Americans Act of
1965 (42 U.S.C. 3023(b)), between subpart 1 and subpart 2 of
part C (42 U.S.C. 3030d–2 et seq.) for such use as the State
agency or area agency on aging, respectively, considers appropriate
to meet the needs of the State or area served.
(c) HOME-DELIVERED NUTRITION SERVICES WAIVER.—For pur-
poses of State agencies’ determining the delivery of nutrition serv-
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ices under section 337 of the Older Americans Act of 1965 (42
U.S.C. 3030g), during the period of the COVID–19 public health
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134 STAT. 380 PUBLIC LAW 116–136—MAR. 27, 2020
emergency declared under section 319 of the Public Health Service
Act (42 U.S.C. 247d), the same meaning shall be given to an
individual who is unable to obtain nutrition because the individual
is practicing social distancing due to the emergency as is given
to an individual who is homebound by reason of illness.
(d) DIETARY GUIDELINES WAIVER.—To facilitate implementation
of subparts 1 and 2 of part C of title III of the Older Americans
Act of 1965 (42 U.S.C. 3030d–2 et seq.) during any portion of
the COVID–19 public health emergency declared under section
319 of the Public Health Service Act (42 U.S.C. 247d), the Assistant
Secretary may waive the requirements for meals provided under
those subparts to comply with the requirements of clauses (i) and
(ii) of section 339(2)(A) of such Act (42 U.S.C. 3030g–21(2)(A)).
Determinations. SEC. 3223. CONTINUITY OF SERVICE AND OPPORTUNITIES FOR
42 USC 3056 PARTICIPANTS IN COMMUNITY SERVICE ACTIVITIES
note. UNDER TITLE V OF THE OLDER AMERICANS ACT OF 1965.
To ensure continuity of service and opportunities for partici-
pants in community service activities under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et seq.), the Secretary
of Labor—
(1)(A) may allow individuals participating in projects under
such title as of March 1, 2020, to extend their participation
for a period that exceeds the period described in section
518(a)(3)(B)(i) of such Act (42 U.S.C. 3056p(a)(3)(B)(i)) if the
Secretary determines such extension is appropriate due to the
effects of the COVID–19 public health emergency declared
under section 319 of the Public Health Service Act (42 U.S.C.
247d); and
(B) may increase the average participation cap for eligible
individuals applicable to grantees as described in section
502(b)(1)(C) of the Older Americans Act of 1965 (42 U.S.C.
3056(b)(1)(C)) to a cap the Secretary determines is appropriate
due to the effects of the COVID–19 public health emergency
declared under section 319 of the Public Health Service Act
(42 U.S.C. 247d); and
(2) may increase the amount available to pay the authorized
administrative costs for a project, described in section 502(c)(3)
of the Older Americans Act of 1965 (42 U.S.C. 3056(c)(3)) to
an amount not to exceed 20 percent of the grant amount if
the Secretary determines that such increase is necessary to
adequately respond to the additional administrative needs to
respond to the COVID–19 public health emergency declared
under section 319 of the Public Health Service Act (42 U.S.C.
247d).
42 USC 1320d–2 SEC. 3224. GUIDANCE ON PROTECTED HEALTH INFORMATION.
note.
Deadline. Not later than 180 days after the date of enactment of this
Act, the Secretary of Health and Human Services shall issue guid-
ance on the sharing of patients’ protected health information pursu-
ant to section 160.103 of title 45, Code of Federal Regulations
(or any successor regulations) during the public health emergency
declared by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247d)
with respect to COVID–19, during the emergency involving Federal
primary responsibility determined to exist by the President under
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section 501(b) of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5191(b)) with respect to COVID–
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 381
19, and during the national emergency declared by the President
under the National Emergencies Act (50 U.S.C. 1601 et seq.) with
respect to COVID–19. Such guidance shall include information on
compliance with the regulations promulgated pursuant to section
264(c) of the Health Insurance Portability and Accountability Act
of 1996 (42 U.S.C. 1320d–2 note) and applicable policies, including
such policies that may come into effect during such emergencies.
SEC. 3225. REAUTHORIZATION OF HEALTHY START PROGRAM.
Section 330H of the Public Health Service Act (42 U.S.C. 254c–
8) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘, during fiscal year
2001 and subsequent years,’’; and
(B) in paragraph (2), by inserting ‘‘or increasing above
the national average’’ after ‘‘areas with high’’;
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘consumers of project
services, public health departments, hospitals, health cen-
ters under section 330’’ and inserting ‘‘participants and
former participants of project services, public health depart-
ments, hospitals, health centers under section 330, State
substance abuse agencies’’; and
(B) in paragraph (2)—
(i) in subparagraph (A), by striking ‘‘such as low
birthweight’’ and inserting ‘‘including poor birth out-
comes (such as low birthweight and preterm birth)
and social determinants of health’’;
(ii) by redesignating subparagraph (B) as subpara-
graph (C);
(iii) by inserting after subparagraph (A), the fol-
lowing:
‘‘(B) Communities with—
‘‘(i) high rates of infant mortality or poor perinatal
outcomes; or
‘‘(ii) high rates of infant mortality or poor perinatal
outcomes in specific subpopulations within the commu-
nity.’’; and
(iv) in subparagraph (C) (as so redesignated)—
(I) by redesignating clauses (i) and (ii) as
clauses (ii) and (iii), respectively;
(II) by inserting before clause (ii) (as so
redesignated) the following:
‘‘(i) collaboration with the local community in the
development of the project;’’;
(III) in clause (ii) (as so redesignated), by
striking ‘‘and’’ at the end;
(IV) in clause (iii) (as so redesignated), by
striking the period and inserting ‘‘; and’’; and
(V) by adding at the end the following:
‘‘(iv) the use and collection of data demonstrating Data.
the effectiveness of such program in decreasing infant
mortality rates and improving perinatal outcomes, as
applicable, or the process by which new applicants
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plan to collect this data.’’;
(3) in subsection (c)—
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134 STAT. 382 PUBLIC LAW 116–136—MAR. 27, 2020
(A) by striking ‘‘Recipients of grants’’ and inserting
the following:
‘‘(1) IN GENERAL.—Recipients of grants’’; and
(B) by adding at the end the following:
Coordination. ‘‘(2) OTHER PROGRAMS.—The Secretary shall ensure
coordination of the program carried out pursuant to this section
with other programs and activities related to the reduction
of the rate of infant mortality and improved perinatal and
infant health outcomes supported by the Department.’’;
(4) in subsection (e)—
(A) in paragraph (1), by striking ‘‘appropriated—’’ and
all that follows through the end and inserting ‘‘appropriated
$125,500,000 for each of fiscal years 2021 through 2025.’’;
and
Evaluations. (B) in paragraph (2)(B), by adding at the end the
following: ‘‘Evaluations may also include, to the extent
practicable, information related to—
‘‘(i) progress toward achieving any grant metrics
or outcomes related to reducing infant mortality rates,
improving perinatal outcomes, or reducing the dis-
parity in health status;
Recommenda- ‘‘(ii) recommendations on potential improvements
tions. that may assist with addressing gaps, as applicable
and appropriate; and
‘‘(iii) the extent to which the grantee coordinated
with the community in which the grantee is located
in the development of the project and delivery of serv-
ices, including with respect to technical assistance and
mentorship programs.’’; and
(5) by adding at the end the following:
‘‘(f) GAO REPORT.—
Evaluation. ‘‘(1) IN GENERAL.—Not later than 4 years after the date
of the enactment of this subsection, the Comptroller General
of the United States shall conduct an independent evaluation,
and submit to the appropriate Committees of Congress a report,
concerning the Healthy Start program under this section.
‘‘(2) EVALUATION.—In conducting the evaluation under
paragraph (1), the Comptroller General shall consider, as
applicable and appropriate, information from the evaluations
under subsection (e)(2)(B).
Review. ‘‘(3) REPORT.—The report described in paragraph (1) shall
Assessments. review, assess, and provide recommendations, as appropriate,
Recommenda-
tions. on the following:
‘‘(A) The allocation of Healthy Start program grants
by the Health Resources and Services Administration,
including considerations made by such Administration
regarding disparities in infant mortality or perinatal out-
comes among urban and rural areas in making such
awards.
‘‘(B) Trends in the progress made toward meeting the
evaluation criteria pursuant to subsection (e)(2)(B),
including programs which decrease infant mortality rates
and improve perinatal outcomes, programs that have not
decreased infant mortality rates or improved perinatal out-
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comes, and programs that have made an impact on dispari-
ties in infant mortality or perinatal outcomes.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 383
‘‘(C) The ability of grantees to improve health outcomes
for project participants, promote the awareness of the
Healthy Start program services, incorporate and promote
family participation, facilitate coordination with the
community in which the grantee is located, and increase
grantee accountability through quality improvement,
performance monitoring, evaluation, and the effect such
metrics may have toward decreasing the rate of infant
mortality and improving perinatal outcomes.
‘‘(D) The extent to which such Federal programs are
coordinated across agencies and the identification of
opportunities for improved coordination in such Federal
programs and activities.’’.
SEC. 3226. IMPORTANCE OF THE BLOOD SUPPLY. 42 USC 247d
note.
(a) IN GENERAL.—The Secretary of Health and Human Services
(referred to in this section as the ‘‘Secretary’’) shall carry out a
national campaign to improve awareness of, and support outreach
to the public and health care providers about the importance and
safety of blood donation and the need for donations for the blood
supply during the public health emergency declared by the Sec-
retary under section 319 of the Public Health Service Act (42
U.S.C. 247d) with respect to COVID–19.
(b) AWARENESS CAMPAIGN.—In carrying out subsection (a), the Contracts.
Secretary may enter into contracts with one or more public or
private nonprofit entities, to establish a national blood donation
awareness campaign that may include television, radio, internet,
and newspaper public service announcements, and other activities
to provide for public and professional awareness and education.
(c) CONSULTATION.—In carrying out subsection (a), the Sec-
retary shall consult with the Commissioner of Food and Drugs,
the Assistant Secretary for Health, the Director of the Centers
for Disease Control and Prevention, the Director of the National
Institutes of Health, and the heads of other relevant Federal agen-
cies, and relevant accrediting bodies and representative organiza-
tions.
(d) REPORT TO CONGRESS.—Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives, a report that shall include—
(1) a description of the activities carried out under sub-
section (a);
(2) a description of trends in blood supply donations; and
(3) an evaluation of the impact of the public awareness Evaluation.
campaign, including any geographic or population variations.
PART III—INNOVATION
SEC. 3301. REMOVING THE CAP ON OTA DURING PUBLIC HEALTH
EMERGENCIES.
Section 319L(c)(5)(A) of the Public Health Service Act (42 U.S.C.
247d–7e(c)(5)(A)) is amended—
(1) by redesignating clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following:
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‘‘(iii) AUTHORITY DURING A PUBLIC HEALTH EMER-
GENCY.—
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134 STAT. 384 PUBLIC LAW 116–136—MAR. 27, 2020
Procedures. ‘‘(I) IN GENERAL.—Notwithstanding clause (ii),
the Secretary, shall, to the maximum extent prac-
ticable, use competitive procedures when entering
into transactions to carry out projects under this
subsection for purposes of a public health emer-
gency declared by the Secretary under section 319.
Any such transactions entered into during such
public health emergency shall not be terminated
solely due to the expiration of such public health
emergency, if such public health emergency ends
before the completion of the terms of such agree-
ment.
‘‘(II) REPORT.—After the expiration of the
public health emergency declared by the Secretary
under section 319, the Secretary shall provide a
report to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Com-
mittee on Energy and Commerce of the House
of Representatives regarding the use of any funds
pursuant to the authority under subclause (I),
including any outcomes, benefits, and risks associ-
ated with the use of such funds, and a description
of the reasons for the use of such authority for
the project or projects.’’.
SEC. 3302. PRIORITY ZOONOTIC ANIMAL DRUGS.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 351 et seq.) is amended by inserting after section 512 the
following:
21 USC 360b–1. ‘‘SEC. 512A. PRIORITY ZOONOTIC ANIMAL DRUGS.
‘‘(a) IN GENERAL.—The Secretary shall, at the request of the
sponsor intending to submit an application for approval of a new
animal drug under section 512(b)(1) or an application for conditional
approval of a new animal drug under section 571, expedite the
development and review of such new animal drug if preliminary
clinical evidence indicates that the new animal drug, alone or
in combination with 1 or more other animal drugs, has the potential
to prevent or treat a zoonotic disease in animals, including a vector
borne-disease, that has the potential to cause serious adverse health
consequences for, or serious or life-threatening diseases in, humans.
‘‘(b) REQUEST FOR DESIGNATION.—The sponsor of a new animal
drug may request the Secretary to designate a new animal drug
described in subsection (a) as a priority zoonotic animal drug.
A request for the designation may be made concurrently with,
or at any time after, the opening of an investigational new animal
drug file under section 512(j) or the filing of an application under
section 512(b)(1) or 571.
‘‘(c) DESIGNATION.—
Deadline. ‘‘(1) IN GENERAL.—Not later than 60 calendar days after
Determination. the receipt of a request under subsection (b), the Secretary
shall determine whether the new animal drug that is the sub-
ject of the request meets the criteria described in subsection
(a). If the Secretary determines that the new animal drug
meets the criteria, the Secretary shall designate the new animal
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drug as a priority zoonotic animal drug and shall take such
actions as are appropriate to expedite the development and
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 385
review of the application for approval or conditional approval
of such new animal drug.
‘‘(2) ACTIONS.—The actions to expedite the development
and review of an application under paragraph (1) may include,
as appropriate—
‘‘(A) taking steps to ensure that the design of clinical
trials is as efficient as practicable, when scientifically
appropriate, such as by utilizing novel trial designs or
drug development tools (including biomarkers) that may
reduce the number of animals needed for studies;
‘‘(B) providing timely advice to, and interactive commu-
nication with, the sponsor (which may include meetings
with the sponsor and review team) regarding the develop-
ment of the new animal drug to ensure that the develop-
ment program to gather the nonclinical and clinical data
necessary for approval is as efficient as practicable;
‘‘(C) involving senior managers and review staff with
experience in zoonotic or vector-borne disease to facilitate
collaborative, cross-disciplinary review, including, as appro-
priate, across agency centers; and
‘‘(D) implementing additional administrative or process
enhancements, as necessary, to facilitate an efficient review
and development program.’’.
PART IV—HEALTH CARE WORKFORCE
SEC. 3401. REAUTHORIZATION OF HEALTH PROFESSIONS WORKFORCE
PROGRAMS.
Title VII of the Public Health Service Act (42 U.S.C. 292
et seq.) is amended—
(1) in section 736 (42 U.S.C. 293), by striking subsection
(i) and inserting the following:
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—To carry out this sec-
tion, there is authorized to be appropriated $23,711,000 for each
of fiscal years 2021 through 2025.’’;
(2) in section 740 (42 U.S.C. 293d)—
(A) in subsection (a), by striking ‘‘$51,000,000 for fiscal
year 2010, and such sums as may be necessary for each
of the fiscal years 2011 through 2014’’ and inserting
‘‘$51,470,000 for each of fiscal years 2021 through 2025’’;
(B) in subsection (b), by striking ‘‘$5,000,000 for each
of the fiscal years 2010 through 2014’’ and inserting
‘‘$1,190,000 for each of fiscal years 2021 through 2025’’;
(C) in subsection (c), by striking ‘‘$60,000,000 for fiscal
year 2010 and such sums as may be necessary for each
of the fiscal years 2011 through 2014’’ and inserting
‘‘$15,000,000 for each of fiscal years 2021 through 2025’’;
and
(D) in subsection (d), by striking ‘‘Not Later than 6
months after the date of enactment of this part, the Sec-
retary shall prepare and submit to the appropriate commit-
tees of Congress’’ and inserting: ‘‘Not later than September
30, 2025, and every five years thereafter, the Secretary
shall prepare and submit to the Committee on Health,
Education, Labor, and Pensions of the Senate, and the
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Committee on Energy and Commerce of the House of Rep-
resentatives,’’;
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134 STAT. 386 PUBLIC LAW 116–136—MAR. 27, 2020
(3) in section 747 (42 U.S.C. 293k)—
(A) in subsection (a)—
(i) in paragraph (1)(G), by striking ‘‘to plan,
develop, and operate a demonstration program that
provides training’’ and inserting: ‘‘to plan, develop, and
operate a program that identifies or develops innova-
tive models of providing care, and trains primary care
physicians on such models and’’; and
(ii) by adding at the end the following:
‘‘(3) PRIORITIES IN MAKING AWARDS.—In awarding grants
or contracts under paragraph (1), the Secretary may give pri-
ority to qualified applicants that train residents in rural areas,
including for Tribes or Tribal Organizations in such areas.’’;
(B) in subsection (b)(3)(E), by striking ‘‘substance-
related disorders’’ and inserting ‘‘substance use disorders’’;
and
(C) in subsection (c)(1), by striking ‘‘$125,000,000 for
fiscal year 2010, and such sums as may be necessary for
each of fiscal years 2011 through 2014’’ and inserting
‘‘$48,924,000 for each of fiscal years 2021 through 2025’’;
(4) in section 748 (42 U.S.C. 293k–2)—
(A) in subsection (c)(5), by striking ‘‘substance-related
disorders’’ and inserting ‘‘substance use disorders’’; and
(B) in subsection (f), by striking ‘‘$30,000,000 for fiscal
year 2010 and such sums as may be necessary for each
of fiscal years 2011 through 2015’’ and inserting
‘‘$28,531,000 for each of fiscal years 2021 through 2025’’;
(5) in section 749(d)(2) (42 U.S.C. 293l(d)(2)), by striking
‘‘Committee on Labor and Human Resources of the Senate,
and the Committee on Commerce of the House of Representa-
tives’’ and inserting ‘‘Committee on Health, Education, Labor,
and Pensions of the Senate, and the Committee on Energy
and Commerce of the House of Representatives’’;
(6) in section 751(j)(1) (42 U.S.C. 294a(j)(1)), by striking
‘‘$125,000,000 for each of the fiscal years 2010 through 2014’’
and inserting ‘‘$41,250,000 for each of fiscal years 2021 through
2025’’;
(7) in section 754(b)(1)(A) (42 U.S.C. 294d(b)(1)(A)), by
striking ‘‘new and innovative’’ and inserting ‘‘innovative or evi-
dence-based’’;
(8) in section 755(b)(1)(A) (42 U.S.C. 294e(b)(1)(A)), by
striking ‘‘the elderly’’ and inserting ‘‘geriatric populations or
for maternal and child health’’;
(9) in section 761(e) (42 U.S.C. 294n(e))—
(A) in paragraph (1)(A), by striking ‘‘$7,500,000 for
each of fiscal years 2010 through 2014’’ and inserting
‘‘$5,663,000 for each of fiscal years 2021 through 2025’’;
and
(B) in paragraph (2), by striking ‘‘subsection (a)’’ and
inserting ‘‘paragraph (1)’’;
(10) in section 762 (42 U.S.C. 294o)—
(A) in subsection (a)(1), by striking ‘‘Committee on
Labor and Human Resources’’ and inserting ‘‘Committee
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on Health, Education, Labor, and Pensions’’;
(B) in subsection (b)—
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 387
(i) in paragraph (2), by striking ‘‘Health Care
Financing Administration’’ and inserting ‘‘Centers for
Medicare & Medicaid Services’’;
(ii) by redesignating paragraphs (4) through (6)
as paragraphs (5) through (7), respectively; and
(iii) by inserting after paragraph (3), the following:
‘‘(4) the Administrator of the Health Resources and Services
Administration;’’;
(C) by striking subsections (i), (j), and (k) and inserting
the following:
‘‘(i) REPORTS.—Not later than September 30, 2023, and not
less than every 5 years thereafter, the Council shall submit to
the Secretary, and to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives, a report on the rec-
ommendations described in subsection (a).’’; and
(D) by redesignating subsection (l) as subsection (j);
(11) in section 766(b)(1) (42 U.S.C. 295a(b)(1)), by striking
‘‘that plans’’ and all that follows through the period and
inserting ‘‘that plans, develops, operates, and evaluates projects
to improve preventive medicine, health promotion and disease
prevention, or access to and quality of health care services
in rural or medically underserved communities.’’;
(12) in section 770(a) (42 U.S.C. 295e(a)), by striking
‘‘$43,000,000 for fiscal year 2011, and such sums as may be
necessary for each of the fiscal years 2012 through 2015’’ and
inserting ‘‘$17,000,000 for each of fiscal years 2021 through
2025’’; and
(13) in section 775(e) (42 U.S.C. 295f(e)), by striking
‘‘$30,000,000’’ and all that follows through the period and
inserting ‘‘such sums as may be necessary for each of fiscal
years 2021 through 2025.’’.
SEC. 3402. HEALTH WORKFORCE COORDINATION. 42 USC note
prec. 292.
(a) STRATEGIC PLAN.—
(1) IN GENERAL.—Not later than 1 year after the date Deadline.
of enactment of this Act, the Secretary of Health and Human Consultation.
Services (referred to in this Act as the ‘‘Secretary’’), in consulta-
tion with the Advisory Committee on Training in Primary
Care Medicine and Dentistry and the Advisory Council on
Graduate Medical Education, shall develop a comprehensive
and coordinated plan with respect to the health care workforce
development programs of the Department of Health and Human
Services, including education and training programs.
(2) REQUIREMENTS.—The plan under paragraph (1) shall—
(A) include performance measures to determine the
extent to which the programs described in paragraph (1)
are strengthening the Nation’s health care system;
(B) identify any gaps that exist between the outcomes
of programs described in paragraph (1) and projected health
care workforce needs identified in workforce projection
reports conducted by the Health Resources and Services
Administration;
(C) identify actions to address the gaps described in
subparagraph (B); and
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(D) identify barriers, if any, to implementing the
actions identified under subparagraph (C).
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134 STAT. 388 PUBLIC LAW 116–136—MAR. 27, 2020
(b) COORDINATION WITH OTHER AGENCIES.—The Secretary shall
coordinate with the heads of other Federal agencies and depart-
ments that fund or administer health care workforce development
programs, including education and training programs, to—
Evaluation. (1) evaluate the performance of such programs, including
the extent to which such programs are efficient and effective
and are meeting the nation’s health workforce needs; and
(2) identify opportunities to improve the quality and
consistency of the information collected to evaluate within and
across such programs, and to implement such improvements.
(c) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee
on Energy and Commerce of the House of Representatives, a report
describing the plan developed under subsection (a) and actions
taken to implement such plan.
SEC. 3403. EDUCATION AND TRAINING RELATING TO GERIATRICS.
Section 753 of the Public Health Service Act (42 U.S.C. 294c)
is amended to read as follows:
‘‘SEC. 753. EDUCATION AND TRAINING RELATING TO GERIATRICS.
‘‘(a) GERIATRICS WORKFORCE ENHANCEMENT PROGRAM.—
Grants. ‘‘(1) IN GENERAL.—The Secretary shall award grants, con-
Contracts. tracts, or cooperative agreements under this subsection to enti-
ties described in paragraph (1), (3), or (4) of section 799B,
section 801(2), or section 865(d), or other health professions
schools or programs approved by the Secretary, for the
establishment or operation of Geriatrics Workforce Enhance-
ment Programs that meet the requirements of paragraph (2).
‘‘(2) REQUIREMENTS.—
‘‘(A) IN GENERAL.—A Geriatrics Workforce Enhance-
ment Program receiving an award under this section shall
support the training of health professionals in geriatrics,
including traineeships or fellowships. Such programs shall
emphasize, as appropriate, patient and family engagement,
integration of geriatrics with primary care and other appro-
priate specialties, and collaboration with community part-
ners to address gaps in health care for older adults.
‘‘(B) ACTIVITIES.—Activities conducted by a program
under this section may include the following:
‘‘(i) Clinical training on providing integrated geri-
atrics and primary care delivery services.
‘‘(ii) Interprofessional training to practitioners from
multiple disciplines and specialties, including training
on the provision of care to older adults.
‘‘(iii) Establishing or maintaining training-related
community-based programs for older adults and care-
givers to improve health outcomes for older adults.
‘‘(iv) Providing education on Alzheimer’s disease
and related dementias to families and caregivers of
older adults, direct care workers, and health profes-
sions students, faculty, and providers.
‘‘(3) DURATION.—Each grant, contract, or cooperative agree-
ment or contract awarded under paragraph (1) shall be for
a period not to exceed 5 years.
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‘‘(4) APPLICATIONS.—To be eligible to receive a grant, con-
tract, or cooperative agreement under paragraph (1), an entity
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 389
described in such paragraph shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
‘‘(5) PROGRAM REQUIREMENTS.—
‘‘(A) IN GENERAL.—In awarding grants, contracts, and
cooperative agreements under paragraph (1), the Sec-
retary—
‘‘(i) shall give priority to programs that dem-
onstrate coordination with another Federal or State
program or another public or private entity;
‘‘(ii) shall give priority to applicants with programs
or activities that are expected to substantially benefit
rural or medically underserved populations of older
adults, or serve older adults in Indian Tribes or Tribal
organizations; and
‘‘(iii) may give priority to any program that—
‘‘(I) integrates geriatrics into primary care
practice;
‘‘(II) provides training to integrate geriatric
care into other specialties across care settings,
including practicing clinical specialists, health care
administrators, faculty without backgrounds in
geriatrics, and students from all health profes-
sions;
‘‘(III) emphasizes integration of geriatric care
into existing service delivery locations and care
across settings, including primary care clinics,
medical homes, Federally qualified health centers,
ambulatory care clinics, critical access hospitals,
emergency care, assisted living and nursing facili-
ties, and home- and community-based services,
which may include adult daycare;
‘‘(IV) supports the training and retraining of
faculty, primary care providers, other direct care
providers, and other appropriate professionals on
geriatrics;
‘‘(V) emphasizes education and engagement of
family caregivers on disease management and
strategies to meet the needs of caregivers of older
adults; or
‘‘(VI) proposes to conduct outreach to commu-
nities that have a shortage of geriatric workforce
professionals.
‘‘(B) SPECIAL CONSIDERATION.—In awarding grants,
contracts, and cooperative agreements under this section,
the Secretary shall give special consideration to entities
that provide services in areas with a shortage of geriatric
workforce professionals.
‘‘(6) PRIORITY.—The Secretary may provide awardees with
additional support for activities in areas of demonstrated need,
which may include education and training for home health
workers, family caregivers, and direct care workers on care
for older adults.
‘‘(7) REPORTING.—
‘‘(A) REPORTS FROM ENTITIES.—Each entity awarded
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a grant, contract, or cooperative agreement under this sec-
tion shall submit an annual report to the Secretary on
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134 STAT. 390 PUBLIC LAW 116–136—MAR. 27, 2020
the activities conducted under such grant, contract, or
cooperative agreement, which may include information on
the number of trainees, the number of professions and
disciplines, the number of partnerships with health care
delivery sites, the number of faculty and practicing profes-
sionals who participated in such programs, and other
information, as the Secretary may require.
Summary. ‘‘(B) REPORT TO CONGRESS.—Not later than 4 years
after the date of enactment of the Title VII Health Care
Workforce Reauthorization Act of 2019 and every 5 years
thereafter, the Secretary shall submit to the Committee
on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House
of Representatives a report that provides a summary of
the activities and outcomes associated with grants, con-
tracts, and cooperative agreements made under this sec-
tion. Such reports shall include—
‘‘(i) information on the number of trainees, faculty,
and professionals who participated in programs under
this section;
‘‘(ii) information on the impact of the program
conducted under this section on the health status of
older adults, including in areas with a shortage of
health professionals; and
‘‘(iii) information on outreach and education pro-
vided under this section to families and caregivers
of older adults.
Web posting. ‘‘(C) PUBLIC AVAILABILITY.—The Secretary shall make
reports submitted under paragraph (B) publically available
on the internet website of the Department of Health and
Human Services.
‘‘(b) GERIATRIC ACADEMIC CAREER AWARDS.—
‘‘(1) ESTABLISHMENT OF PROGRAM.—The Secretary shall,
as appropriate, establish or maintain a program to provide
geriatric academic career awards to eligible entities applying
on behalf of eligible individuals to promote the career develop-
ment of such individuals as academic geriatricians or other
academic geriatrics health professionals.
Definitions. ‘‘(2) ELIGIBILITY.—
‘‘(A) ELIGIBLE ENTITY.—For purposes of this subsection,
the term ‘eligible entity’ means—
‘‘(i) an entity described in paragraph (1), (3), or
(4) of section 799B or section 801(2); or
‘‘(ii) another accredited health professions school
or graduate program approved by the Secretary.
‘‘(B) ELIGIBLE INDIVIDUAL.—For purposes of this sub-
section, the term ‘eligible individual’ means an individual
who—
‘‘(i)(I) is board certified or board eligible in internal
medicine, family practice, psychiatry, or licensed den-
tistry, or has completed required training in a dis-
cipline and is employed in an accredited health profes-
sions school or graduate program that is approved
by the Secretary; or
‘‘(II) has completed an approved fellowship pro-
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gram in geriatrics, or has completed specialty training
in geriatrics as required by the discipline and any
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 391
additional geriatrics training as required by the Sec-
retary; and
‘‘(ii) has a junior, nontenured, faculty appointment
at an accredited health professions school or graduate
program in geriatrics or a geriatrics health profession.
‘‘(C) CLARIFICATION.—If an eligible individual is pro-
moted during the period of an award under this subsection
and thereby no longer meets the criteria of subparagraph
(B)(ii), the individual shall continue to be treated as an
eligible individual through the term of the award.
‘‘(3) APPLICATION REQUIREMENTS.—In order to receive an
award under paragraph (1), an eligible entity, on behalf of
an eligible individual, shall—
‘‘(A) submit to the Secretary an application, at such
time, in such manner, and containing such information
as the Secretary may require;
‘‘(B) provide, in such form and manner as the Secretary
may require, assurances that the eligible individual will
meet the service requirement described in paragraph (6);
and
‘‘(C) provide, in such form and manner as the Secretary
may require, assurances that the individual has a full-
time faculty appointment in a health professions institution
and documented commitment from such eligible entity that
the individual will spend 75 percent of the individual’s
time that is supported by the award on teaching and devel-
oping skills in interdisciplinary education in geriatrics.
‘‘(4) EQUITABLE DISTRIBUTION.—In making awards under
this subsection, the Secretary shall seek to ensure geographical
distribution among award recipients, including among rural
or medically underserved areas of the United States.
‘‘(5) AMOUNT AND DURATION.—
‘‘(A) AMOUNT.—The amount of an award under this
subsection shall be at least $75,000 for fiscal year 2021,
adjusted for subsequent years in accordance with the con-
sumer price index. The Secretary shall determine the Determination.
amount of an award under this subsection for individuals
who are not physicians.
‘‘(B) DURATION.—The Secretary shall make awards
under paragraph (1) for a period not to exceed 5 years.
‘‘(6) SERVICE REQUIREMENT.—An individual who receives
an award under this subsection shall provide training in clinical
geriatrics, including the training of interprofessional teams of
health care professionals. The provision of such training shall
constitute at least 75 percent of the obligations of such indi-
vidual under the award.
‘‘(c) NONAPPLICABILITY OF PROVISION.—Notwithstanding any
other provision of this title, section 791(a) shall not apply to awards
made under this section.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated $40,737,000 for each of fiscal years 2021 through
2025 for purposes of carrying out this section.’’.
SEC. 3404. NURSING WORKFORCE DEVELOPMENT.
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(a) IN GENERAL.—Title VIII of the Public Health Service Act
(42 U.S.C. 296 et seq.) is amended—
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134 STAT. 392 PUBLIC LAW 116–136—MAR. 27, 2020
(1) in section 801 (42 U.S.C. 296), by adding at the end
the following:
Definition. ‘‘(18) NURSE MANAGED HEALTH CLINIC.—The term ‘nurse
managed health clinic’ means a nurse-practice arrangement,
managed by advanced practice nurses, that provides primary
care or wellness services to underserved or vulnerable popu-
lations and that is associated with a school, college, university
or department of nursing, federally qualified health center,
or independent nonprofit health or social services agency.’’;
(2) in section 802(c) (42 U.S.C. 296a(c)), by inserting ‘‘,
and how such project aligns with the goals in section 806(a)’’
before the period in the second sentence;
(3) in section 803(b) (42 U.S.C. 296b(b)), by adding at
the end the following: ‘‘Such Federal funds are intended to
supplement, not supplant, existing non-Federal expenditures
for such activities.’’;
(4) in section 806 (42 U.S.C. 296e)—
(A) in subsection (a), by striking ‘‘as needed to’’ and
all that follows and inserting the following: ‘‘as needed
to address national nursing needs, including—
‘‘(1) addressing challenges, including through supporting
training and education of nursing students, related to the dis-
tribution of the nursing workforce and existing or projected
nursing workforce shortages in geographic areas that have
been identified as having, or that are projected to have, a
nursing shortage;
‘‘(2) increasing access to and the quality of health care
services, including by supporting the training of professional
registered nurses, advanced practice registered nurses, and
advanced education nurses within community based settings
and in a variety of health delivery system settings; or
‘‘(3) addressing the strategic goals and priorities identified
by the Secretary and that are in accordance with this title.
Contracts. Contracts may be entered into under this title with public or private
Determination. entities as determined necessary by the Secretary.’’;
(B) in subsection (b)(2), by striking ‘‘a demonstration’’
and all that follows and inserting the following: ‘‘the
reporting of data and information demonstrating that satis-
factory progress has been made by the program or project
in meeting the performance outcome standards (as
described in section 802) of such program or project.’’;
(C) in subsection (e)(2), by inserting ‘‘, and have rel-
evant expertise and experience’’ before the period at the
end of the first sentence; and
(D) by adding at the end the following:
‘‘(i) BIENNIAL REPORT ON NURSING WORKFORCE PROGRAM
Assessment. IMPROVEMENTS.—Not later than September 30, 2020, and biennially
thereafter, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives, a report
that contains an assessment of the programs and activities of the
Department of Health and Human Services related to enhancing
the nursing workforce, including the extent to which programs
and activities under this title meet the identified goals and perform-
whamilton on LAP1Z6H6L3PROD with STATUTES
ance measures developed for the respective programs and activities,
and the extent to which the Department coordinates with other
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 393
Federal departments regarding programs designed to improve the
nursing workforce.’’;
(5) in section 811 (42 U.S.C. 296j)—
(A) in subsection (b)—
(i) by striking ‘‘Master’s’’ and inserting ‘‘graduate’’;
and
(ii) by inserting ‘‘clinical nurse leaders,’’ after
‘‘nurse administrators,’’;
(B) by redesignating subsections (f) and (g) as sub-
sections (g) and (h), respectively; and
(C) by inserting after subsection (e), the following:
‘‘(f) AUTHORIZED CLINICAL NURSE SPECIALIST PROGRAMS.—Clin-
ical nurse specialist programs eligible for support under this section
are education programs that—
‘‘(1) provide registered nurses with full-time clinical nurse
specialist education; and
‘‘(2) have as their objective the education of clinical nurse
specialists who will, upon completion of such a program, be
qualified to effectively provide care through the wellness and
illness continuum to inpatients and outpatients experiencing
acute and chronic illness.’’; and
(6) in section 831 (42 U.S.C. 296p)—
(A) in the section heading, by striking ‘‘AND QUALITY
GRANTS’’ and inserting ‘‘QUALITY, AND RETENTION
GRANTS’’;
(B) in subsection (b)(2), by striking ‘‘other high-risk
groups such as the elderly, individuals with HIV/AIDS,
substance abusers, the homeless, and victims’’ and
inserting ‘‘high risk groups, such as the elderly, individuals
with HIV/AIDS, individuals with mental health or sub-
stance use disorders, individuals who are homeless, and
survivors’’;
(C) in subsection (c)(1)—
(i) in subparagraph (A)—
(I) by striking ‘‘advancement for nursing per-
sonnel’’ and inserting the following: ‘‘advancement
for—
‘‘(i) nursing’’;
(II) by striking ‘‘professional nurses, advanced
education nurses, licensed practical nurses, cer-
tified nurse assistants, and home health aides’’
and inserting ‘‘professional registered nurses,
advanced practice registered nurses, and nurses
with graduate nursing education’’; and
(III) by adding at the end the following:
‘‘(ii) individuals including licensed practical nurses,
licensed vocational nurses, certified nurse assistants,
home health aides, diploma degree or associate degree
nurses, and other health professionals, such as health
aides or community health practitioners certified under
the Community Health Aide Program of the Indian
Health Service, to become registered nurses with bacca-
laureate degrees or nurses with graduate nursing edu-
cation;’’;
(ii) in subparagraph (B), by striking the period
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and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
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134 STAT. 394 PUBLIC LAW 116–136—MAR. 27, 2020
‘‘(C) developing and implementing internships, accred-
ited fellowships, and accredited residency programs in
collaboration with one or more accredited schools of
nursing, to encourage the mentoring and development of
specialties.’’;
(D) by striking subsections (e) and (h);
(E) by redesignating subsections (f) and (g), as sub-
sections (e) and (f), respectively;
(F) in subsection (e) (as so redesignated), by striking
‘‘The Secretary shall submit to the Congress before the
end of each fiscal year’’ and inserting ‘‘As part of the
report on nursing workforce programs described in section
806(i), the Secretary shall include’’; and
(G) in subsection (f) (as so redesignated), by striking
‘‘a school of nursing, as defined in section 801(2),,’’ and
inserting ‘‘an accredited school of nursing, as defined in
section 801(2), a health care facility, including federally
qualified health centers or nurse-managed health clinics,
or a partnership of such a school and facility’’;
(7) by striking section 831A (42 U.S.C. 296p–1);
(8) in section 846 (42 U.S.C. 297n)—
(A) by striking the last sentence of subsection (a);
(B) in subsection (b)(1), by striking ‘‘he began such
practice’’ and inserting ‘‘the individual began such practice’’;
and
(C) in subsection (i), by striking ‘‘FUNDING’’ in the
subsection heading and all that follows through ‘‘paragraph
(1)’’ in paragraph (2), and inserting the following: ‘‘ALLOCA-
TIONS.—Of the amounts appropriated under section
871(b),’’;
(9) in section 846A (42 U.S.C. 247n–1), by striking sub-
section (f);
(10) in section 847 (42 U.S.C. 297o), by striking subsection
(g);
(11) in section 851 (42 U.S.C. 297t)—
(A) in subsection (b)(1)(A)(iv), by striking ‘‘and nurse
anesthetists’’ and inserting ‘‘nurse anesthetists, and clinical
nurse specialists’’;
(B) in subsection (d)(3)—
(i) by striking ‘‘3 years after the date of enactment
of this section’’ and inserting ‘‘2 years after the date
of enactment of the Title VIII Nursing Reauthorization
Act’’;
(ii) by striking ‘‘Labor and Human Resources’’ and
inserting ‘‘Health, Education, Labor, and Pensions’’;
and
(iii) by inserting ‘‘Energy and’’ before ‘‘Commerce’’;
and
(C) in subsection (g), by striking ‘‘under this title’’
and inserting ‘‘for carrying out parts B, C, and D’’;
(12) by striking sections 861 and 862 (42 U.S.C. 297w
and 297x); and
(13) in section 871 (42 U.S.C. 298d)—
(A) by striking ‘‘For the purpose of’’ and inserting the
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following:
‘‘(a) IN GENERAL.—For the purpose of’’;
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 395
(B) by striking ‘‘$338,000,000 for fiscal year 2010, and
such sums as may be necessary for each of the fiscal
years 2011 through 2016’’ and inserting ‘‘$137,837,000 for
each of fiscal years 2021 through 2025’’; and
(C) by adding at the end the following:
‘‘(b) PART E.—For the purpose of carrying out part E, there
are authorized to be appropriated $117,135,000 for each of the
fiscal years 2021 through 2025.’’.
(b) EVALUATION AND REPORT ON NURSE LOAN REPAYMENT PRO-
GRAMS.—
(1) EVALUATION.—The Comptroller General shall conduct
an evaluation of the nurse loan repayment programs adminis-
tered by the Health Resources and Services Administration.
Such evaluation shall include—
(A) the manner in which payments are made under
such programs;
(B) the existing oversight functions necessary to ensure
the proper use of such programs, including payments made
as part of such programs;
(C) the identification of gaps, if any, in oversight func-
tions; and
(D) information on the number of nurses assigned to
facilities pursuant to such programs, including the type
of facility to which nurses are assigned and the impact
of modifying the eligibility requirements for programs
under section 846 of the Public Health Service Act (42
U.S.C. 297n), such as the impact on entities to which
nurses had previously been assigned prior to fiscal year
2019 (such as federally qualified health centers and facili-
ties affiliated with the Indian Health Service).
(2) REPORT.—Not later than 18 months after the enactment Recommenda-
of this Act, the Comptroller General shall submit to the Com- tions.
mittee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House
of Representatives, a report on the evaluation under paragraph
(1), which may include recommendations to improve relevant
nursing workforce loan repayment programs.
Subtitle B—Education Provisions COVID–19
Pandemic
Education Relief
SEC. 3501. SHORT TITLE. Act of 2020.
20 USC 1001
This subtitle may be cited as the ‘‘COVID–19 Pandemic Edu- note.
cation Relief Act of 2020’’.
SEC. 3502. DEFINITIONS. 20 USC 1001
note.
(a) DEFINITIONS.—In this subtitle:
(1) CORONAVIRUS.—The term ‘‘coronavirus’’ has the
meaning given the term in section 506 of the Coronavirus
Preparedness and Response Supplemental Appropriations Act,
2020 (Public Law 116–123).
(2) FOREIGN INSTITUTION.—The term ‘‘foreign institution’’
means an institution of higher education located outside the
United States that is described in paragraphs (1)(C) and (2)
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of section 102(a) of the Higher Education Act of 1965 (20
U.S.C. 1002(a)).
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134 STAT. 396 PUBLIC LAW 116–136—MAR. 27, 2020
(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ has the meaning of the term under
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002).
(4) QUALIFYING EMERGENCY.—The term ‘‘qualifying emer-
gency’’ means—
(A) a public health emergency related to the
coronavirus declared by the Secretary of Health and
Human Services pursuant to section 319 of the Public
Health Service Act (42 U.S.C. 247d);
(B) an event related to the coronavirus for which the
President declared a major disaster or an emergency under
section 401 or 501, respectively, of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170 and 5191); or
(C) a national emergency related to the coronavirus
declared by the President under section 201 of the National
Emergencies Act (50 U.S.C. 1601 et seq.).
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Education.
20 USC 1001 SEC. 3503. CAMPUS-BASED AID WAIVERS.
note.
(a) WAIVER OF NON-FEDERAL SHARE REQUIREMENT.—Notwith-
standing sections 413C(a)(2) and 443(b)(5) of the Higher Education
Act of 1965 (20 U.S.C. 1070b–2(a)(2) and 1087–53(b)(5)), with
respect to funds made available for award years 2019–2020 and
2020–2021, the Secretary shall waive the requirement that a partici-
pating institution of higher education provide a non-Federal share
to match Federal funds provided to the institution for the programs
authorized pursuant to subpart 3 of part A and part C of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070b et seq.
and 1087–51 et seq.) for all awards made under such programs
during such award years, except nothing in this subsection shall
affect the non-Federal share requirement under section 443(c)(3)
that applies to private for-profit organizations.
(b) AUTHORITY TO REALLOCATE.—Notwithstanding sections
413D, 442, and 488 of the Higher Education Act of 1965 (20 U.S.C.
1070b–3, 1087–52, and 1095), during a period of a qualifying emer-
gency, an institution may transfer up to 100 percent of the institu-
tion’s unexpended allotment under section 442 of such Act to the
institution’s allotment under section 413D of such Act, but may
not transfer any funds from the institution’s unexpended allotment
under section 413D of such Act to the institution’s allotment under
section 442 of such Act.
20 USC 1001 SEC. 3504. USE OF SUPPLEMENTAL EDUCATIONAL OPPORTUNITY
note. GRANTS FOR EMERGENCY AID.
(a) IN GENERAL.—Notwithstanding section 413B of the Higher
Education Act of 1965 (20 U.S.C. 1070b–1), an institution of higher
education may reserve any amount of an institution’s allocation
under subpart 3 of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070b et seq.) for a fiscal year to award,
in such fiscal year, emergency financial aid grants to assist under-
graduate or graduate students for unexpected expenses and unmet
financial need as the result of a qualifying emergency.
(b) DETERMINATIONS.—In determining eligibility for and
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awarding emergency financial aid grants under this section, an
institution of higher education may—
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 397
(1) waive the amount of need calculation under section
471 of the Higher Education Act of 1965 (20 U.S.C. 1087kk);
(2) allow for a student affected by a qualifying emergency
to receive funds in an amount that is not more than the
maximum Federal Pell Grant for the applicable award year;
and
(3) utilize a contract with a scholarship-granting organiza-
tion designated for the sole purpose of accepting applications
from or disbursing funds to students enrolled in the institution
of higher education, if such scholarship-granting organization
disburses the full allocated amount provided to the institution
of higher education to the recipients.
(c) SPECIAL RULE.—Any emergency financial aid grants to stu-
dents under this section shall not be treated as other financial
assistance for the purposes of section 471 of the Higher Education
Act of 1965 (20 U.S.C. 1087kk).
SEC. 3505. FEDERAL WORK-STUDY DURING A QUALIFYING EMER- 20 USC 1001
GENCY. note.
(a) IN GENERAL.—In the event of a qualifying emergency, an Time period.
institution of higher education participating in the program under
part C of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087–51 et seq.) may make payments under such part to affected
work-study students, for the period of time (not to exceed one
academic year) in which affected students were unable to fulfill
the students’ work-study obligation for all or part of such academic
year due to such qualifying emergency, as follows:
(1) Payments may be made under such part to affected
work-study students in an amount equal to or less than the
amount of wages such students would have been paid under
such part had the students been able to complete the work
obligation necessary to receive work study funds, as a one
time grant or as multiple payments.
(2) Payments shall not be made to any student who was
not eligible for work study or was not completing the work
obligation necessary to receive work study funds under such
part prior to the occurrence of the qualifying emergency.
(3) Any payments made to affected work-study students
under this subsection shall meet the matching requirements
of section 443 of the Higher Education Act of 1965 (20 U.S.C.
1087–53), unless such matching requirements are waived by
the Secretary.
(b) DEFINITION OF AFFECTED WORK-STUDY STUDENT.—In this
section, the term ‘‘affected work-study student’’ means a student
enrolled at an eligible institution participating in the program under
part C of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087–51 et seq.) who—
(1) received a work-study award under section 443 of the
Higher Education Act of 1965 (20 U.S.C. 1087–53) for the
academic year during which a qualifying emergency occurred;
(2) earned Federal work-study wages from such eligible
institution for such academic year; and
(3) was prevented from fulfilling the student’s work-study
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obligation for all or part of such academic year due to such
qualifying emergency.
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134 STAT. 398 PUBLIC LAW 116–136—MAR. 27, 2020
20 USC 1001 SEC. 3506. ADJUSTMENT OF SUBSIDIZED LOAN USAGE LIMITS.
note.
Notwithstanding section 455(q)(3) of the Higher Education Act
of 1965 (20 U.S.C. 1087e(q)(3)), the Secretary shall exclude from
a student’s period of enrollment for purposes of loans made under
part D of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087a et seq.) any semester (or the equivalent) that the student
does not complete due to a qualifying emergency, if the Secretary
is able to administer such policy in a manner that limits complexity
and the burden on the student.
20 USC 1001 SEC. 3507. EXCLUSION FROM FEDERAL PELL GRANT DURATION LIMIT.
note.
The Secretary shall exclude from a student’s Federal Pell Grant
duration limit under section 401(c)(5) of the Higher Education Act
of 1965 (2 U.S.C. 1070a(c)(5)) any semester (or the equivalent)
that the student does not complete due to a qualifying emergency
if the Secretary is able to administer such policy in a manner
that limits complexity and the burden on the student.
20 USC 1001 SEC. 3508. INSTITUTIONAL REFUNDS AND FEDERAL STUDENT LOAN
note. FLEXIBILITY.
(a) INSTITUTIONAL WAIVER.—
(1) IN GENERAL.—The Secretary shall waive the institu-
tional requirement under section 484B of the Higher Education
Act of 1965 (20 U.S.C. 1091b) with respect to the amount
of grant or loan assistance (other than assistance received
under part C of title IV of such Act) to be returned under
such section if a recipient of assistance under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) with-
draws from the institution of higher education during the pay-
ment period or period of enrollment as a result of a qualifying
emergency.
Requirements. (2) WAIVERS.—The Secretary shall require each institution
using a waiver relating to the withdrawal of recipients under
this subsection to report the number of such recipients, the
amount of grant or loan assistance (other than assistance
received under part C of title IV of such Act) associated with
each such recipient, and the total amount of grant or loan
assistance (other than assistance received under part C of
title IV of such Act) for which each institution has not returned
assistance under title IV to the Secretary.
(b) STUDENT WAIVER.—The Secretary shall waive the amounts
that students are required to return under section 484B of the
Higher Education Act of 1965 (20 U.S.C. 1091b) with respect to
Federal Pell Grants or other grant assistance if the withdrawals
on which the returns are based, are withdrawals by students who
withdrew from the institution of higher education as a result of
a qualifying emergency.
(c) CANCELING LOAN OBLIGATION.—Notwithstanding any other
provision of the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.), the Secretary shall cancel the borrower’s obligation to
repay the entire portion of a loan made under part D of title
IV of such Act (20 U.S.C. 1087a et seq.) associated with a payment
period for a recipient of such loan who withdraws from the institu-
tion of higher education during the payment period as a result
of a qualifying emergency.
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(d) APPROVED LEAVE OF ABSENCE.—Notwithstanding any other
provision of the Higher Education Act of 1965 (20 U.S.C. 1001
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 399
et seq.), for purposes of receiving assistance under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an institution
of higher education may, as a result of a qualifying emergency,
provide a student with an approved leave of absence that does
not require the student to return at the same point in the academic
program that the student began the leave of absence if the student
returns within the same semester (or the equivalent).
SEC. 3509. SATISFACTORY ACADEMIC PROGRESS. 20 USC 1001
note.
Notwithstanding section 484 of the Higher Education Act of
1965 (20 U.S.C. 1091), in determining whether a student is
maintaining satisfactory academic progress for purposes of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.),
an institution of higher education may, as a result of a qualifying
emergency, exclude from the quantitative component of the calcula-
tion any attempted credits that were not completed by such student
without requiring an appeal by such student.
SEC. 3510. CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITU- 20 USC 1001
TIONS. note.
(a) IN GENERAL.—Notwithstanding section 481(b) of the Higher
Education Act of 1965 (20 U.S.C. 1088(b)), with respect to a foreign
institution, in the case of a public health emergency, major disaster
or emergency, or national emergency declared by the applicable
government authorities in the country in which the foreign institu-
tion is located, the Secretary may permit any part of an otherwise
eligible program to be offered via distance education for the duration
of such emergency or disaster and the following payment period
for purposes of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.).
(b) ELIGIBILITY.—An otherwise eligible program that is offered Time periods.
in whole or in part through distance education by a foreign institu-
tion between March 1, 2020, and the date of enactment of this
Act shall be deemed eligible for the purposes of part D of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.)
for the duration of the qualifying emergency and the following
payment period for purposes of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.). An institution of higher Reports.
education that uses the authority provided in the previous sentence Deadlines.
shall report such use to the Secretary—
(1) for the 2019–2020 award year, not later than June
30, 2020; and
(2) for an award year subsequent to the 2019–2020 award
year, not later than 30 days after such use.
(c) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, and every 180 days thereafter for the duration
of the qualifying emergency and the following payment period,
the Secretary shall submit to the authorizing committees (as defined
in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003)) a report that identifies each foreign institution that carried
out a distance education program authorized under this section.
(d) WRITTEN ARRANGEMENTS.—
(1) IN GENERAL.—Notwithstanding section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002), for the duration
of a qualifying emergency and the following payment period,
the Secretary may allow a foreign institution to enter into
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a written arrangement with an institution of higher education
located in the United States that participates in the Federal
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134 STAT. 400 PUBLIC LAW 116–136—MAR. 27, 2020
Direct Loan Program under part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.) for the purpose
of allowing a student of the foreign institution who is a borrower
of a loan made under such part to take courses from the
institution of higher education located in the United States.
(2) FORM OF ARRANGEMENTS.—
(A) PUBLIC OR OTHER NONPROFIT INSTITUTIONS.—A for-
eign institution that is a public or other nonprofit institu-
tion may enter into a written arrangement under sub-
section (a) only with an institution of higher education
described in section 101 of such Act (20 U.S.C. 1001).
(B) OTHER INSTITUTIONS.—A foreign institution that
is a graduate medical school, nursing school, or a veterinary
school and that is not a public or other nonprofit institution
may enter into a written arrangement under subsection
(a) with an institution of higher education described in
section 101 or section 102 of such Act (20 U.S.C. 1001
and 1002).
Deadlines. (3) REPORT ON USE.—An institution of higher education
that uses the authority described in paragraph (2) shall report
such use to the Secretary—
(A) for the 2019–2020 award year, not later than June
30, 2020; and
(B) for an award year subsequent to the 2019–2020
award year, not later than 30 days after such use.
(4) REPORT FROM THE SECRETARY.—Not later than 180 days
after the date of enactment of this Act, and every 180 days
thereafter for the duration of the qualifying emergency and
the following payment period, the Secretary shall submit to
the authorizing committees (as defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003)) a report that
identifies each foreign institution that entered into a written
arrangement authorized under subsection (a).
Determinations. SEC. 3511. NATIONAL EMERGENCY EDUCATIONAL WAIVERS.
20 USC 7861
note. (a) IN GENERAL.—Notwithstanding any other provision of law,
the Secretary may, upon the request of a State educational agency
or Indian tribe, waive any statutory or regulatory provision
described under paragraphs (1) and (2) of subsection (b), and upon
the request of a local educational agency, waive any statutory
or regulatory provision described under paragraph (2) of subsection
(b), if the Secretary determines that such a waiver is necessary
and appropriate due to the emergency involving Federal primary
responsibility determined to exist by the President under the section
501(b) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191(b)) with respect to the Coronavirus
Disease 2019 (COVID–19).
(b) APPLICABLE PROVISIONS OF LAW.—
(1) STREAMLINED WAIVERS.—The Secretary shall create an
expedited application process to request a waiver and the Sec-
retary may waive any statutory or regulatory requirements
for a State educational agency (related to assessments, account-
ability, and reporting requirements related to assessments and
accountability), if the Secretary determines that such a waiver
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is necessary and appropriate as described in subsection (a),
under the following provisions of law:
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 401
(A) The following provisions under section 1111 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311):
(i) Paragraphs (2) and (3) of subsection (b).
(ii) Subsection (c)(4).
(iii) Subparagraphs (C) and (D) of subsection (d)(2).
(iv) The following provisions under subsection (h)
of such section 1111:
(I) Clauses (i), (ii), (iii)(I), (iv), (v), (vi), (vii),
and (xi) of paragraph (1)(C).
(II) Paragraph (2)(C) with respect to the
waived requirements under subclause (I).
(III) Clauses (i) and (ii) of paragraph (2)(C).
(B) Section 421(b) of the General Education Provisions
Act (20 U.S.C. 1225(b)).
(2) STATE AND LOCALLY-REQUESTED WAIVERS.—For a State
educational agency, local educational agency, or Indian tribe
that receives funds under a program authorized under the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.) that requests a waiver under subsection (c), the
Secretary may waive statutory and regulatory requirements
under any of the following provisions of such Act:
(A) Section 1114(a)(1).
(B) Section 1118(a) and section 8521.
(C) Section 1127.
(D) Section 4106(d).
(E) Subparagraphs (C), (D), and (E) of section
4106(e)(2).
(F) Section 4109(b).
(G) The definition under section 8101(42) for purposes
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.).
(3) APPLICABILITY TO CHARTER SCHOOLS.—Any waivers
issued by the Secretary under this section shall be imple-
mented, as applicable—
(A) for all public schools, including public charter
schools within the boundaries of the recipient of the waiver;
(B) in accordance with State charter school law; and
(C) pursuant to section 1111(c)(5) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(5)).
(4) LIMITATION.—Nothing in this section shall be construed
to allow the Secretary to waive any statutory or regulatory
requirements under applicable civil rights laws.
(5) ACCOUNTABILITY AND IMPROVEMENT.—Any school
located in a State that receives a waiver under paragraph
(1) and that is identified for comprehensive support and
improvement, targeted support and improvement, or additional
targeted support in the 2019–2020 school year under section
1111(c)(4)(D) or section 1111(d)(2) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6311(c)(4)(D) or (d)(2))
shall maintain that identification status in the 2020–2021
school year and continue to receive supports and interventions
consistent with the school’s support and improvement plan
in the 2020–2021 school year.
(c) STATE AND LOCAL REQUESTS FOR WAIVERS.—
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(1) IN GENERAL.—A State educational agency, local edu-
cational agency, or Indian tribe that desires a waiver from
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134 STAT. 402 PUBLIC LAW 116–136—MAR. 27, 2020
any statutory or regulatory provision described under sub-
section (b)(2), may submit a waiver request to the Secretary
in accordance with this subsection.
(2) REQUESTS SUBMITTED.—A request for a waiver under
this subsection shall—
(A) identify the Federal programs affected by the
requested waiver;
(B) describe which Federal statutory or regulatory
requirements are to be waived;
(C) describe how the emergency involving Federal pri-
mary responsibility determined to exist by the President
under the section 501(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5191(b))
with respect to the Coronavirus Disease 2019 (COVID–
19) prevents or otherwise restricts the ability of the State,
State educational agency, local educational agency, Indian
tribe, or school to comply with such statutory or regulatory
requirements; and
(D) provide an assurance that the State educational
agency, local educational agency, or Indian tribe will work
to mitigate any negative effects, if any, that may occur
as a result of the requested waiver.
(3) SECRETARY APPROVAL.—
Deadline. (A) IN GENERAL.—Except as provided under subpara-
graph (B), the Secretary shall approve or disapprove a
waiver request submitted under paragraph (1) not more
than 30 days after the date on which such request is
submitted.
(B) EXCEPTIONS.—The Secretary may disapprove a
waiver request submitted under paragraph (1), only if the
Secretary determines that—
(i) the waiver request does not meet the require-
ments of this section;
(ii) the waiver is not permitted pursuant to sub-
section (b)(2); or
(iii) the description required under paragraph
(2)(C) provides insufficient information to demonstrate
that the waiving of such requirements is necessary
or appropriate consistent with subsection (a).
(4) DURATION.—A waiver approved by the Secretary under
this section may be for a period not to exceed the 2019–2020
academic year, except to carry out full implementation of any
maintenance of effort waivers granted during the 2019–2020
academic year.
(d) REPORTING AND PUBLICATION.—
State and local (1) PUBLIC NOTICE.—A State educational agency, Indian
government. Tribe, or local educational agency requesting a waiver under
Web posting. subsection (b)(2) shall provide the public and all local edu-
cational agencies in the State with notice of, and the oppor-
tunity to comment on, the request by posting information
regarding the waiver request and the process for commenting
on the State website.
Deadline. (2) NOTIFYING CONGRESS.—Not later than 7 days after
granting a waiver under this section, the Secretary shall notify
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the Committee on Health, Education, Labor, and Pensions of
the Senate, the Committee on Appropriations of the Senate,
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 403
the Committee on Education and Labor of the House of Rep-
resentatives, and the Committee on Appropriations of the House
of Representatives of such waiver.
(3) PUBLICATION.—Not later than 30 days after granting Deadline.
a waiver under this section, the Secretary shall publish a Federal Register,
publication.
notice of the Secretary’s decision (including which waiver was Notice.
granted and the reason for granting the waiver) in the Federal Web posting.
Register and on the website of the Department of Education.
(4) REPORT.—Not later than 30 days after the date of Recommenda-
enactment of this Act, the Secretary shall prepare and submit tions.
a report to the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of the Senate,
and the Committee on Education and Labor and the Committee
on Appropriations of the House of Representatives, with rec-
ommendations on any additional waivers under the Individuals
with Disabilities Education Act (20 U.S.C. 1401 et seq.), the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.), and the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.) the Secretary
believes are necessary to be enacted into law to provide limited
flexibility to States and local educational agencies to meet
the needs of students during the emergency involving Federal
primary responsibility determined to exist by the President
under section 501(b) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect
to the Coronavirus Disease 2019 (COVID–19).
(e) TERMS.—In this section, the term ‘‘State educational agency’’ Definition.
includes the Bureau of Indian Education, and the term ‘‘local edu-
cational agency’’ includes Bureau of Indian Education funded
schools operated pursuant to a grant under the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), or a contract under
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5301 et seq.).
SEC. 3512. HBCU CAPITAL FINANCING. 20 USC 1001
note.
(a) DEFERMENT PERIOD.—
(1) IN GENERAL.—Notwithstanding any provision of title
III of the Higher Education Act of 1965 (20 U.S.C. 1051 et
seq.), or any regulation promulgated under such title, the Sec-
retary may grant a deferment, for the duration of a qualifying
emergency, to an institution that has received a loan under
part D of title III of such Act (20 U.S.C. 1066 et seq.).
(2) TERMS.—During the deferment period granted under
this subsection—
(A) the institution shall not be required to pay any
periodic installment of principal or interest required under
the loan agreement for such loan; and
(B) the Secretary shall make principal and interest
payments otherwise due under the loan agreement.
(3) CLOSING.—At the closing of a loan deferred under this
subsection, terms shall be set under which the institution shall
be required to repay the Secretary for the payments of principal
and interest made by the Secretary during the deferment, on
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a schedule that begins upon repayment to the lender in full
on the loan agreement, except in no case shall repayment
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134 STAT. 404 PUBLIC LAW 116–136—MAR. 27, 2020
be required to begin before the date that is 1 full fiscal year
after the date that is the end of the qualifying emergency.
(b) TERMINATION DATE.—
(1) IN GENERAL.—The authority provided under this section
to grant a loan deferment under subsection (a) shall terminate
on the date on which the qualifying emergency is no longer
in effect.
(2) DURATION.—Any provision of a loan agreement or insur-
ance agreement modified by the authority under this section
shall remain so modified for the duration of the period covered
by the loan agreement or insurance agreement.
Time period. (c) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, and every 180 days thereafter during the period
beginning on the first day of the qualifying emergency and ending
on September 30 of the fiscal year following the end of the qualifying
emergency, the Secretary shall submit to the authorizing commit-
tees (as defined in section 103 of the Higher Education Act of
1965 (20 U.S.C. 1003)) a report that identifies each institution
that received assistance under this section.
(d) FUNDING.—There is hereby appropriated, out of any money
in the Treasury not otherwise appropriated, $62,000,000 to carry
out this section.
20 USC 1001 SEC. 3513. TEMPORARY RELIEF FOR FEDERAL STUDENT LOAN BOR-
note. ROWERS.
(a) IN GENERAL.—The Secretary shall suspend all payments
due for loans made under part D and part B (that are held by
the Department of Education) of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.) through Sep-
tember 30, 2020.
(b) NO ACCRUAL OF INTEREST.—Notwithstanding any other
provision of the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.), interest shall not accrue on a loan described under sub-
section (a) for which payment was suspended for the period of
the suspension.
(c) CONSIDERATION OF PAYMENTS.—Notwithstanding any other
provision of the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.), the Secretary shall deem each month for which a loan
payment was suspended under this section as if the borrower of
the loan had made a payment for the purpose of any loan forgive-
ness program or loan rehabilitation program authorized under part
D or B of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087a et seq.; 1071 et seq.) for which the borrower would have
otherwise qualified.
(d) REPORTING TO CONSUMER REPORTING AGENCIES.—During
the period in which the Secretary suspends payments on a loan
under subsection (a), the Secretary shall ensure that, for the pur-
pose of reporting information about the loan to a consumer reporting
agency, any payment that has been suspended is treated as if
it were a regularly scheduled payment made by a borrower.
(e) SUSPENDING INVOLUNTARY COLLECTION.—During the period
in which the Secretary suspends payments on a loan under sub-
section (a), the Secretary shall suspend all involuntary collection
related to the loan, including—
(1) a wage garnishment authorized under section 488A
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of the Higher Education Act of 1965 (20 U.S.C. 1095a) or
section 3720D of title 31, United States Code;
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 405
(2) a reduction of tax refund by amount of debt authorized
under section 3720A of title 31, United States Code, or section
6402(d) of the Internal Revenue Code of 1986;
(3) a reduction of any other Federal benefit payment by
administrative offset authorized under section 3716 of title
31, United States Code (including a benefit payment due to
an individual under the Social Security Act or any other provi-
sion described in subsection (c)(3)(A)(i) of such section); and
(4) any other involuntary collection activity by the Sec-
retary.
(f) WAIVERS.—In carrying out this section, the Secretary may
waive the application of—
(1) subchapter I of chapter 35 of title 44, United States
Code (commonly known as the ‘‘Paperwork Reduction Act’’);
(2) the master calendar requirements under section 482
of the Higher Education Act of 1965 (20 U.S.C. 1089);
(3) negotiated rulemaking under section 492 of the Higher
Education Act of 1965 (20 U.S.C. 1098a); and
(4) the requirement to publish the notices related to the Notices.
system of records of the agency before implementation required Deadline.
under paragraphs (4) and (11) of section 552a(e) of title 5,
United States Code (commonly known as the ‘‘Privacy Act of
1974’’), except that the notices shall be published not later
than 180 days after the date of enactment of this Act.
(g) NOTICE TO BORROWERS AND TRANSITION PERIOD.—To inform
borrowers of the actions taken in accordance with this section
and ensure an effective transition, the Secretary shall—
(1) not later than 15 days after the date of enactment Deadline.
of this Act, notify borrowers—
(A) of the actions taken in accordance with subsections
(a) and (b) for whom payments have been suspended and
interest waived;
(B) of the actions taken in accordance with subsection
(e) for whom collections have been suspended;
(C) of the option to continue making payments toward
principal; and
(D) that the program under this section is a temporary
program.
(2) beginning on August 1, 2020, carry out a program Effective date.
to provide not less than 6 notices by postal mail, telephone,
or electronic communication to borrowers indicating—
(A) when the borrower’s normal payment obligations
will resume; and
(B) that the borrower has the option to enroll in
income-driven repayment, including a brief description of
such options.
SEC. 3514. PROVISIONS RELATED TO THE CORPORATION FOR 42 USC 12501
NATIONAL AND COMMUNITY SERVICE. note.
(a) ACCRUAL OF SERVICE HOURS.—
(1) ACCRUAL THROUGH OTHER SERVICE HOURS.—
(A) IN GENERAL.—Notwithstanding any other provision
of the Domestic Volunteer Service Act of 1973 (42 U.S.C.
4950 et seq.) or the National and Community Service Act
of 1990 (42 U.S.C. 12501 et seq.), the Corporation for
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National and Community Service shall allow an individual
described in subparagraph (B) to accrue other service hours
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134 STAT. 406 PUBLIC LAW 116–136—MAR. 27, 2020
that will count toward the number of hours needed for
the individual’s education award.
Applicability. (B) AFFECTED INDIVIDUALS.—Subparagraph (A) shall
apply to any individual serving in a position eligible for
an educational award under subtitle D of title I of the
National and Community Service Act of 1990 (42 U.S.C.
12601 et seq.)—
(i) who is performing limited service due to
COVID–19; or
(ii) whose position has been suspended or placed
on hold due to COVID–19.
(2) PROVISIONS IN CASE OF EARLY EXIT.—In any case where
an individual serving in a position eligible for an educational
award under subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12601 et seq.) was required
to exit the position early at the direction of the Corporation
for National and Community Service, the Chief Executive
Officer of the Corporation for National and Community Service
may—
(A) deem such individual as having met the require-
ments of the position; and
(B) award the individual the full value of the edu-
cational award under such subtitle for which the individual
would otherwise have been eligible.
(b) AVAILABILITY OF FUNDS.—Notwithstanding any other provi-
sion of law, all funds made available to the Corporation for National
and Community Service under any Act, including the amounts
appropriated to the Corporation under the headings ‘‘OPERATING
EXPENSES’’, ‘‘SALARIES AND EXPENSES’’, and ‘‘OFFICE OF THE
INSPECTOR GENERAL’’ under the heading ‘‘CORPORATION FOR
NATIONAL AND COMMUNITY SERVICE’’ under title IV of Division
A of the Further Consolidated Appropriations Act, 2020 (Public
Law 116–94), shall remain available for the fiscal year ending
September 30, 2021.
(c) NO REQUIRED RETURN OF GRANT FUNDS.—Notwithstanding
section 129(l)(3)(A)(i) of the National and Community Service Act
of 1990 (42 U.S.C. 12581(l)(3)(A)(i)), the Chief Executive Officer
of the Corporation for National and Community Service may permit
fixed-amount grant recipients under such section 129(l) to maintain
a pro rata amount of grant funds, at the discretion of the Corpora-
tion for National and Community Service, for participants who
exited, were suspended, or are serving in a limited capacity due
to COVID–19, to enable the grant recipients to maintain operations
and to accept participants.
Time period. (d) EXTENSION OF TERMS AND AGE LIMITS.—Notwithstanding
any other provision of law, the Corporation for National and
Community Service may extend the term of service (for a period
not to exceed the 1-year period immediately following the end
of the national emergency) or waive any upper age limit (except
in no case shall the maximum age exceed 26 years of age) for
national service programs carried out by the National Civilian
Community Corps under subtitle E of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12611 et seq.), and
the participants in such programs, for the purposes of—
(1) addressing disruptions due to COVID–19; and
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(2) minimizing the difficulty in returning to full operation
due to COVID–19 on such programs and participants.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 407
SEC. 3515. WORKFORCE RESPONSE ACTIVITIES. 29 USC 3163
note.
(a) ADMINISTRATIVE COSTS.—Notwithstanding section 128(b)(4)
of the Workforce Innovation Opportunity Act (29 U.S.C. 3163(b)(4)),
of the total amount allocated to a local area (including the total
amount allotted to a single State local area) under subtitle B
of title I of such Act (29 U.S.C. 3151 et seq.) for program year
2019, not more than 20 percent of the total amount may be used
for the administrative costs of carrying out local workforce invest-
ment activities under chapter 2 or chapter 3 of subtitle B of title
I of such Act, if the portion of the total amount that exceeds
10 percent of the total amount is used to respond to a qualifying
emergency.
(b) RAPID RESPONSE ACTIVITIES.—
(1) STATEWIDE RAPID RESPONSE.—Of the funds reserved
by a Governor for program year 2019 for statewide activities
under section 128(a) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3163(a)) that remain unobligated, such
funds may be used for statewide rapid response activities as
described in section 134(a)(2)(A) of such Act (29 U.S.C.
3174(a)(2)(A)) for responding to a qualifying emergency.
(2) LOCAL BOARDS.—Of the funds reserved by a Governor Deadline.
for program year 2019 under section 133(a)(2) of such Act
(29 U.S.C. 3173(a)(2)) that remain unobligated, such funds may
be released within 30 days after the date of enactment of
this Act to the local boards most impacted by the coronavirus
at the determination of the Governor for rapid response activi-
ties related to responding to a qualifying emergency.
(c) DEFINITIONS.—Except as otherwise provided, the terms in
this section have the meanings given the terms in section 3 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
SEC. 3516. TECHNICAL AMENDMENTS.
(a) IN GENERAL.—
(1) Section 6103(a)(3) of the Internal Revenue Code of
1986, as amended by the FUTURE Act (Public Law 116–91), 26 USC 6103.
is further amended by striking ‘‘(13), (16)’’ and inserting
‘‘(13)(A), (13)(B), (13)(C), (13)(D)(i), (16)’’.
(2) Section 6103(p)(3)(A) of such Code, as so amended,
is further amended by striking ‘‘(12),’’ and inserting ‘‘(12),
(13)(A), (13)(B), (13)(C), (13)(D)(i)’’.
(3) Section 6103(p)(4) of such Code, as so amended, is
further amended by striking ‘‘(13) or (16)’’ each place it appears
and inserting ‘‘(13), or (16)’’.
(4) Section 6103(p)(4) of such Code, as so amended and
as amended by paragraph (3), is further amended by striking
‘‘(13)’’ each place it appears and inserting ‘‘(13)(A), (13)(B),
(13)(C), (13)(D)(i)’’.
(5) Section 6103(l)(13)(C)(ii) of such Code, as added by
the FUTURE Act (Public Law 116–91), is amended by striking
‘‘section 236A(e)(4)’’ and inserting ‘‘section 263A(e)(4)’’.
(b) EFFECTIVE DATE.—The amendments made by this section 26 USC 6103
shall apply as if included in the enactment of the FUTURE Act note.
(Public Law 116–91).
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134 STAT. 408 PUBLIC LAW 116–136—MAR. 27, 2020
20 USC 1001 SEC. 3517. WAIVER AUTHORITY AND REPORTING REQUIREMENT FOR
note. INSTITUTIONAL AID.
Time period. (a) WAIVER AUTHORITY.—Notwithstanding any other provision
of the Higher Education Act of 1965 (U.S.C. 1001 et seq.), unless
enacted with specific reference to this section, for any institution
of higher education that was receiving assistance under title III,
title V, or subpart 4 of part A of title VII of such Act (20 U.S.C.
1051 et seq.; 1101 et seq.; 1136a et seq.) at the time of a qualifying
emergency, the Secretary may, for the period beginning on the
first day of the qualifying emergency and ending on September
30 of the fiscal year following the end of the qualifying emergency—
(1) waive—
(A) the eligibility data requirements set forth in section
391(d) and 521(e) of the Higher Education Act of 1965
(20 U.S.C. 1068(d); 1103(e));
(B) the wait-out period set forth in section 313(d) of
the Higher Education Act of 1965 (20 U.S.C. 1059(d));
(C) the allotment requirements under paragraphs (2)
and (3) of subsection 318(e) of the Higher Education Act
of 1965 (20 U.S.C. 1059e(e)), and the reference to ‘‘the
academic year preceding the beginning of that fiscal year’’
under such section 318(e)(1);
(D) the allotment requirements under subsections (b),
(c), and (g) of section 324 of the Higher Education Act
of 1965 (20 U.S.C. 1063), the reference to ‘‘the end of
the school year preceding the beginning of that fiscal year’’
under such section 324(a), and the reference to ‘‘the aca-
demic year preceding such fiscal year’’ under such section
324(h);
(E) subparagraphs (A), (C), (D), and (E) of section
326(f)(3) of the Higher Education Act of 1965 (20 U.S.C.
1063b(f)(3)), and references to ‘‘previous year’’ under such
section 326(f)(3)(B);
(F) subparagraphs (A), (C), (D), and (E) of section
723(f)(3) and subparagraphs (A), (C), (D), and (E) of section
724(f)(3) of the Higher Education Act of 1965 (20 U.S.C.
1136a(f)(3); 1136b(f)(3)), and references to ‘‘previous aca-
demic year’’ under subparagraph (B) of such sections
723(f)(3) and 724(f)(3); and
(G) the allotment restriction set forth in section
318(d)(4) and section 323(c)(2) of the Higher Education
Act of 1965 (20 U.S.C. 1059e(d)(4); 1062(c)(2)); and
Time period. (2) waive or modify any statutory or regulatory provision
to ensure that institutions that were receiving assistance under
title III, title V, or subpart 4 of part A of title VII of such
Act (20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) at
the time of a qualifying emergency are not adversely affected
by any formula calculation for fiscal year 2020 and for the
period beginning on the first day of the qualifying emergency
and ending on September 30 of the fiscal year following the
end of the qualifying emergency, as necessary.
Time periods. (b) USE OF UNEXPENDED FUNDS.—Any funds paid to an institu-
tion under title III, title V, or subpart 4 of part A of title VII
of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.; 1101
et seq.; 1136a et seq.) and not expended or used for the purposes
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for which the funds were paid to the institution during the 5-
year period following the date on which the funds were first paid
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 409
to the institution, may be carried over and expended during the
succeeding 5-year period.
(c) REPORT.—Not later than 180 days after the date of enact- Time period.
ment of this Act, and every 180 days thereafter for the period
beginning on the first day of the qualifying emergency and ending
on September 30 of the fiscal year following the end of the qualifying
emergency, the Secretary shall submit to the authorizing commit-
tees (as defined in section 103 of the Higher Education Act of
1965 (20 U.S.C. 1003)) a report that identifies each institution
that received a waiver or modification under this section.
SEC. 3518. AUTHORIZED USES AND OTHER MODIFICATIONS FOR Time period.
GRANTS. 20 USC 1001
note.
(a) IN GENERAL.—The Secretary is authorized to modify the
required and allowable uses of funds for grants awarded under
part A or B of title III, chapter I or II of subpart 2 of part
A of title IV, title V, or subpart 4 of part A of title VII of the
Higher Education Act of 1965 (20 U.S.C. 1057 et seq.; 1060 et
seq.; 1070a–11 et seq.; 1070a–21 et seq.; 1101 et seq.; 1136a et
seq.) to an institution of higher education or other grant recipient
(not including individual recipients of Federal student financial
assistance), at the request of an institution of higher education
or other recipient of a grant (not including individual recipients
of Federal student financial assistance) as a result of a qualifying
emergency, for the period beginning on the first day of the qualifying
emergency and ending on September 30 of the fiscal year following
the end of the qualifying emergency.
(b) MATCHING REQUIREMENT MODIFICATIONS.—Notwith-
standing any other provision of the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.), the Secretary is authorized to modify
any Federal share or other financial matching requirement for
a grant awarded on a competitive basis or a grant awarded under
part A or B of title III or subpart 4 of part A of title VII of
the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.; 1060
et seq.; 1136a et seq.) at the request of an institution of higher
education or other grant recipient as a result of a qualifying emer-
gency, for the period beginning on the first day of the qualifying
emergency and ending on September 30 of the fiscal year following
the end of the qualifying emergency.
(c) REPORTS.—Not later than 180 days after the date of enact-
ment of this Act, and every 180 days thereafter for the duration
of the period beginning on the first day of the qualifying emergency
and ending on September 30 of the fiscal year following the end
of the qualifying emergency, the Secretary shall submit to the
authorizing committees (as defined in section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003)) a report that identifies
each institution of higher education or other grant recipient that
received a modification under this section.
SEC. 3519. SERVICE OBLIGATIONS FOR TEACHERS. 20 USC 1001
note.
(a) TEACH GRANTS.—For the purpose of section 420N of the
Higher Education Act of 1965 (20 U.S.C. 1070g–2), during a quali-
fying emergency, the Secretary—
(1) may modify the categories of extenuating circumstances
under which a recipient of a grant under subpart 9 of part
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A of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070g et seq.) who is unable to fulfill all or part of the recipient’s
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134 STAT. 410 PUBLIC LAW 116–136—MAR. 27, 2020
service obligation may be excused from fulfilling that portion
of the service obligation; and
(2) shall consider teaching service that, as a result of a
qualifying emergency, is part-time or temporarily interrupted,
to be full-time service and to fulfill the service obligations
under such section 420N.
Waiver authority. (b) TEACHER LOAN FORGIVENESS.—Notwithstanding section
428J or 460 of the Higher Education Act of 1965 (20 U.S.C. 1078–
10; 1087j), the Secretary shall waive the requirements under such
sections that years of teaching service shall be consecutive if—
(1) the teaching service of a borrower is temporarily inter-
rupted due to a qualifying emergency; and
(2) after the temporary interruption due to a qualifying
emergency, the borrower resumes teaching service and com-
pletes a total of 5 years of qualifying teaching service under
such sections, including qualifying teaching service performed
before, during, and after such qualifying emergency.
Subtitle C—Labor Provisions
SEC. 3601. LIMITATION ON PAID LEAVE.
Section 110(b)(2)(B) of the Family and Medical Leave Act of
1993 (as added by the Emergency Family and Medical Leave Expan-
Ante, p. 191. sion Act) is amended by striking clause (ii) and inserting the fol-
lowing:
‘‘(ii) LIMITATION.—An employer shall not be
required to pay more than $200 per day and $10,000
in the aggregate for each employee for paid leave under
this section.’’.
SEC. 3602. EMERGENCY PAID SICK LEAVE ACT LIMITATION.
Section 5102 of the Emergency Paid Sick Leave Act (division
Ante, p. 195. E of the Families First Coronavirus Response Act) is amended
by adding at the end the following:
‘‘(f) LIMITATIONS.—An employer shall not be required to pay
more than either—
‘‘(1) $511 per day and $5,110 in the aggregate for each
employee, when the employee is taking leave for a reason
described in paragraph (1), (2), or (3) of section 5102(a); or
‘‘(2) $200 per day and $2,000 in the aggregate for each
employee, when the employee is taking leave for a reason
described in paragraph (4), (5), or (6) of section 5102(a).’’.
SEC. 3603. UNEMPLOYMENT INSURANCE.
Section 903(h)(2)(B) of the Social Security Act (42 U.S.C.
1103(h)(2)(B)), as added by section 4102 of the Emergency
Ante, p. 193. Unemployment Insurance Stabilization and Access Act of 2020,
is amended to read as follows:
‘‘(B) The State ensures that applications for unemploy-
ment compensation, and assistance with the application
process, are accessible, to the extent practicable in at least
two of the following: in person, by phone, or online.’’.
SEC. 3604. OMB WAIVER OF PAID FAMILY AND PAID SICK LEAVE.
(a) FAMILY AND MEDICAL LEAVE ACT OF 1993.—Section 110(a)
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of title I of the Family and Medical Leave Act of 1993 (29 U.S.C.
2611 et seq.) (as added by division C of the Families First
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 411
Coronavirus Response Act) is amended by adding at the end the Ante, p. 189.
following new paragraph:
‘‘(4) The Director of the Office of Management and Budget
shall have the authority to exclude for good cause from the
requirements under subsection (b) certain employers of the
United States Government with respect to certain categories
of Executive Branch employees.’’.
(b) EMERGENCY PAID SICK LEAVE ACT.—The Emergency Paid
Sick Leave Act (division E of the Families First Coronavirus
Response Act) is amended by adding at the end the following
new section:
‘‘SEC. 5112. AUTHORITY TO EXCLUDE CERTAIN EMPLOYEES. 29 USC 2601
note.
‘‘The Director of the Office of Management and Budget shall
have the authority to exclude for good cause from the definition
of employee under section 5110(1) certain employees described in
subparagraphs (E) and (F) of such section, including by exempting
certain United States Government employers covered by section
5110(2)(A)(i)(V) from the requirements of this title with respect
to certain categories of Executive Branch employees.’’.
SEC. 3605. PAID LEAVE FOR REHIRED EMPLOYEES.
Section 110(a)(1)(A) of the Family and Medical Leave Act of
1993, as added by section 3102 of the Emergency Family and
Medical Leave Expansion Act, is amended to read as follows: Ante, p. 189.
‘‘(A) ELIGIBLE EMPLOYEE.— Definitions.
‘‘(i) IN GENERAL.—In lieu of the definition in sec- Time periods.
tions 101(2)(A) and 101(2)(B)(ii), the term ‘eligible
employee’ means an employee who has been employed
for at least 30 calendar days by the employer with
respect to whom leave is requested under section
102(a)(1)(F).
‘‘(ii) RULE REGARDING REHIRED EMPLOYEES.—For
purposes of clause (i), the term ‘employed for at least
30 calendar days’, used with respect to an employee
and an employer described in clause (i), includes an
employee who was laid off by that employer not earlier
than March 1, 2020, had worked for the employer
for not less than 30 of the last 60 calendar days prior
to the employee’s layoff, and was rehired by the
employer.’’.
SEC. 3606. ADVANCE REFUNDING OF CREDITS.
(a) PAYROLL CREDIT FOR REQUIRED PAID SICK LEAVE.—Section
7001 of division G of the Families First Coronavirus Response
Act is amended— Ante, p. 210.
(1) in subsection (b)(4)(A)—
(A) by striking ‘‘(A) In general.—If the amount’’ and
inserting ‘‘(A)(i) Credit is refundable.—If the amount’’; and
(B) by adding at the end the following:
‘‘(ii) ADVANCING CREDIT.—In anticipation of the
credit, including the refundable portion under clause
(i), the credit may be advanced, according to forms
and instructions provided by the Secretary, up to an
amount calculated under subsection (a), subject to the
limits under subsection (b), both calculated through
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the end of the most recent payroll period in the
quarter.’’;
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134 STAT. 412 PUBLIC LAW 116–136—MAR. 27, 2020
(2) in subsection (f)—
(A) in paragraph (4), by striking ‘‘, and’’ and inserting
a comma;
(B) in paragraph (5), by striking the period at the
end and inserting ‘‘, and’’; and
(C) by adding at the end the following:
‘‘(6) regulations or other guidance to permit the advance-
ment of the credit determined under subsection (a).’’; and
(3) by inserting after subsection (h) the following new sub-
section:
Waiver authority. ‘‘(i) TREATMENT OF DEPOSITS.—The Secretary of the Treasury
(or the Secretary’s delegate) shall waive any penalty under section
6656 of the Internal Revenue Code of 1986 for any failure to
make a deposit of the tax imposed by section 3111(a) or 3221(a)
of such Code if the Secretary determines that such failure was
due to the anticipation of the credit allowed under this section.’’.
(b) PAYROLL CREDIT FOR REQUIRED PAID FAMILY LEAVE.—Sec-
tion 7003 of division G of the Families First Coronavirus Response
Ante, p. 214. Act is amended—
(1) in subsection (b)(3)—
(A) by striking ‘‘If the amount’’ and inserting ‘‘(A)
Credit is refundable.—If the amount’’; and
(B) by adding at the end the following:
‘‘(B) ADVANCING CREDIT.—In anticipation of the credit,
including the refundable portion under subparagraph (A),
the credit may be advanced, according to forms and instruc-
tions provided by the Secretary, up to an amount calculated
under subsection (a), subject to the limits under subsection
(b), both calculated through the end of the most recent
payroll period in the quarter.’’;
(2) in subsection (f)—
(A) in paragraph (4), by striking ‘‘, and’’ and inserting
a comma;
(B) in paragraph (5), by striking the period at the
end and inserting ‘‘, and’’; and
(C) by adding at the end the following:
‘‘(6) regulations or other guidance to permit the advance-
ment of the credit determined under subsection (a).’’; and
(c) by inserting after subsection (h) the following new sub-
section:
Waiver authority. ‘‘(i) TREATMENT OF DEPOSITS.—The Secretary of the Treasury
Determination. (or the Secretary’s delegate) shall waive any penalty under section
6656 of the Internal Revenue Code of 1986 for any failure to
make a deposit of the tax imposed by section 3111(a) or 3221(a)
of such Code if the Secretary determines that such failure was
due to the anticipation of the credit allowed under this section.’’.
SEC. 3607. EXPANSION OF DOL AUTHORITY TO POSTPONE CERTAIN
DEADLINES.
Section 518 of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1148) is amended by striking ‘‘or a terroristic
or military action (as defined in section 692(c)(2) of such Code),
the Secretary may’’ and inserting ‘‘a terroristic or military action
(as defined in section 692(c)(2) of such Code), or a public health
emergency declared by the Secretary of Health and Human Services
whamilton on LAP1Z6H6L3PROD with STATUTES
pursuant to section 319 of the Public Health Service Act, the Sec-
retary may’’.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 413
SEC. 3608. SINGLE-EMPLOYER PLAN FUNDING RULES. 26 USC 430 note.
(a) DELAY IN PAYMENT OF MINIMUM REQUIRED CONTRIBU-
TIONS.—In the case of any minimum required contribution (as deter-
mined under section 430(a) of the Internal Revenue Code of 1986
and section 303(a) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1083(a))) which (but for this section) would
otherwise be due under section 430(j) of such Code (including quar-
terly contributions under paragraph (3) thereof) and section 303(j)
of such Act (29 U.S.C. 1083(j)) (including quarterly contributions
under paragraph (3) thereof) during calendar year 2020—
(1) the due date for such contributions shall be January
1, 2021, and
(2) the amount of each such minimum required contribution
shall be increased by interest accruing for the period between
the original due date (without regard to this section) for the
contribution and the payment date, at the effective rate of
interest for the plan for the plan year which includes such
payment date.
(b) BENEFIT RESTRICTION STATUS.—For purposes of section 436
of the Internal Revenue Code of 1986 and section 206(g) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1056(g)), a plan sponsor may elect to treat the plan’s adjusted
funding target attainment percentage for the last plan year ending
before January 1, 2020, as the adjusted funding target attainment
percentage for plan years which include calendar year 2020.
SEC. 3609. APPLICATION OF COOPERATIVE AND SMALL EMPLOYER
CHARITY PENSION PLAN RULES TO CERTAIN CHARI-
TABLE EMPLOYERS WHOSE PRIMARY EXEMPT PURPOSE
IS PROVIDING SERVICES WITH RESPECT TO MOTHERS
AND CHILDREN.
(a) EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—
Section 210(f)(1) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1060(f)(1)) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)(iv)
and inserting ‘‘; or’’; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
‘‘(D) that, as of January 1, 2000, was maintained by
an employer—
‘‘(i) described in section 501(c)(3) of the Internal
Revenue Code of 1986,
‘‘(ii) who has been in existence since at least 1938,
‘‘(iii) who conducts medical research directly or
indirectly through grant making, and
‘‘(iv) whose primary exempt purpose is to provide
services with respect to mothers and children.’’.
(b) INTERNAL REVENUE CODE OF 1986.—Section 414(y)(1) of
the Internal Revenue Code of 1986 is amended— 26 USC 414.
(1) by striking ‘‘or’’ at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)(iv)
and inserting ‘‘; or’’; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
whamilton on LAP1Z6H6L3PROD with STATUTES
‘‘(D) that, as of January 1, 2000, was maintained by
an employer—
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134 STAT. 414 PUBLIC LAW 116–136—MAR. 27, 2020
‘‘(i) described in section 501(c)(3),
‘‘(ii) who has been in existence since at least 1938,
‘‘(iii) who conducts medical research directly or
indirectly through grant making, and
‘‘(iv) whose primary exempt purpose is to provide
services with respect to mothers and children.’’.
26 USC 414 note. (c) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2018.
41 USC note SEC. 3610. FEDERAL CONTRACTOR AUTHORITY.
prec. 6301.
Notwithstanding any other provision of law, and subject to
the availability of appropriations, funds made available to an agency
by this Act or any other Act may be used by such agency to
modify the terms and conditions of a contract, or other agreement,
without consideration, to reimburse at the minimum applicable
contract billing rates not to exceed an average of 40 hours per
week any paid leave, including sick leave, a contractor provides
to keep its employees or subcontractors in a ready state, including
to protect the life and safety of Government and contractor per-
Applicability. sonnel, but in no event beyond September 30, 2020. Such authority
shall apply only to a contractor whose employees or subcontractors
cannot perform work on a site that has been approved by the
Federal Government, including a federally-owned or leased facility
or site, due to facility closures or other restrictions, and who cannot
telework because their job duties cannot be performed remotely
during the public health emergency declared on January 31, 2020
Reimbursement. for COVID–19: Provided, That the maximum reimbursement
authorized by this section shall be reduced by the amount of credit
a contractor is allowed pursuant to division G of Public Law 116–
127 and any applicable credits a contractor is allowed under this
Act.
SEC. 3611. TECHNICAL CORRECTIONS.
(1) Section 110(a)(3) of the Family and Medical Leave Act
of 1993 (as added by the Emergency and Medical Leave Expan-
Ante, p. 190. sion Act) is amended by striking ‘‘553(d)(A)’’ and inserting
‘‘553(d)(3)’’.
(2) Section 5111 of the Emergency Paid Sick Leave Act
Ante, p. 201. (division E of the Families First Coronavirus Response Act)
is amended by striking ‘‘553(d)(A)’’ and inserting ‘‘553(d)(3)’’.
(3) Section 110(c) of the Family and Medical Leave Act
of 1993 (as added by the Emergency and Medical Leave Expan-
sion Act) is amended by striking ‘‘subsection (a)(2)(A)(iii)’’ and
inserting ‘‘subsection (a)(2)(A)’’.
(4) Section 3104 of the Emergency Family and Medical
Leave Expansion Act (division C of the Families First
Ante, p. 192. Coronavirus Response Act) is amended—
(A) by striking ‘‘110(a)(B)’’ and inserting ‘‘section
110(a)(1)(B) of the Family and Medical Leave Act of 1993’’;
and
(B) by striking ‘‘section 107(a) for a violation of section
102(a)(1)(F) if the employer does not meet the definition
of employer set forth in Section 101(4)(A)(i)’’ and inserting
‘‘section 107(a) of such Act for a violation of section
102(a)(1)(F) of such Act if the employer does not meet
whamilton on LAP1Z6H6L3PROD with STATUTES
the definition of employer set forth in section 101(4)(A)(i)
of such Act’’.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 415
(5) Section 5110(1) of the Emergency Paid Sick Leave Act
(division E of the Families First Coronavirus Response Act) Ante, p. 198.
is amended—
(A) in the matter preceding subparagraph (A), by
striking ‘‘terms’’ and inserting ‘‘term’’; and
(B) in subparagraph (A)(i), by striking ‘‘paragraph
(5)(A)’’ and inserting ‘‘paragraph (2)(A)’’.
(6) Section 5110(2)(B)(ii) of the Emergency Paid Sick Leave
Act (division E of the Families First Coronavirus Response
Act) is amended by striking ‘‘clause (i)(IV)’’ and inserting ‘‘clause
(i)(III)’’.
(7) Section 110(a)(3) of the Family and Medical Leave Act
of 1993 (as added by the Emergency and Medical Leave Expan-
sion Act) is amended— Ante, p. 190.
(A) by striking ‘‘and’’ after the semicolon at the end
of subparagraph (A);
(B) by striking the period at end of subparagraph (B)
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(C) as necessary to carry out the purposes of this
Act, including to ensure consistency between this Act and
Division E and Division G of the Families First Coronavirus
Response Act.’’.
(8) Section 5104(1) of the Emergency Paid Sick Leave Act
(division E of the Families First Coronavirus Response Act) Ante, p. 197.
is amended by striking ‘‘and’’ after the semicolon and inserting
‘‘or’’.
(9) Section 5105 of the Emergency Paid Sick Leave Act
(division E of the Families First Coronavirus Response Act) Ante, p. 197.
is amended by adding at the end the following:
‘‘(c) INVESTIGATIONS AND COLLECTION OF DATA.—The Secretary
of Labor or his designee may investigate and gather data to ensure
compliance with this Act in the same manner as authorized by
sections 9 and 11 of the Fair Labor Standards Act of 1938 (29
U.S.C. 209; 211).’’.
Subtitle D—Finance Committee
SEC. 3701. EXEMPTION FOR TELEHEALTH SERVICES.
(a) IN GENERAL.—Paragraph (2) of section 223(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following 26 USC 223.
new subparagraph:
‘‘(E) SAFE HARBOR FOR ABSENCE OF DEDUCTIBLE FOR
TELEHEALTH.—In the case of plan years beginning on or
before December 31, 2021, a plan shall not fail to be treated
as a high deductible health plan by reason of failing to
have a deductible for telehealth and other remote care
services.’’.
(b) CERTAIN COVERAGE DISREGARDED.—Clause (ii) of section
223(c)(1)(B) of the Internal Revenue Code of 1986 is amended
by striking ‘‘or long-term care’’ and inserting ‘‘long-term care, or
(in the case of plan years beginning on or before December 31,
2021) telehealth and other remote care’’.
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(c) EFFECTIVE DATE.—The amendments made by this section 26 USC 223 note.
shall take effect on the date of the enactment of this Act.
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134 STAT. 416 PUBLIC LAW 116–136—MAR. 27, 2020
SEC. 3702. INCLUSION OF CERTAIN OVER-THE-COUNTER MEDICAL
PRODUCTS AS QUALIFIED MEDICAL EXPENSES.
(a) HSAS.—Section 223(d)(2) of the Internal Revenue Code of
26 USC 223. 1986 is amended—
(1) by striking the last sentence of subparagraph (A) and
inserting the following: ‘‘For purposes of this subparagraph,
amounts paid for menstrual care products shall be treated
as paid for medical care.’’; and
(2) by adding at the end the following new subparagraph:
Definition. ‘‘(D) MENSTRUAL CARE PRODUCT.—For purposes of this
paragraph, the term ‘menstrual care product’ means a
tampon, pad, liner, cup, sponge, or similar product used
by individuals with respect to menstruation or other gen-
ital-tract secretions.’’.
(b) ARCHER MSAS.—Section 220(d)(2)(A) of such Code is
amended by striking the last sentence and inserting the following:
‘‘For purposes of this subparagraph, amounts paid for menstrual
care products (as defined in section 223(d)(2)(D)) shall be treated
as paid for medical care.’’.
(c) HEALTH FLEXIBLE SPENDING ARRANGEMENTS AND HEALTH
REIMBURSEMENT ARRANGEMENTS.—Section 106 of such Code is
amended by striking subsection (f) and inserting the following new
subsection:
‘‘(f) REIMBURSEMENTS FOR MENSTRUAL CARE PRODUCTS.—For
purposes of this section and section 105, expenses incurred for
menstrual care products (as defined in section 223(d)(2)(D)) shall
be treated as incurred for medical care.’’.
Applicability. (d) EFFECTIVE DATES.—
26 USC 220 note. (1) DISTRIBUTIONS FROM SAVINGS ACCOUNTS.—The amend-
ment made by subsections (a) and (b) shall apply to amounts
paid after December 31, 2019.
26 USC 106 note. (2) REIMBURSEMENTS.—The amendment made by sub-
section (c) shall apply to expenses incurred after December
31, 2019.
SEC. 3703. INCREASING MEDICARE TELEHEALTH FLEXIBILITIES
DURING EMERGENCY PERIOD.
Section 1135 of the Social Security Act (42 U.S.C. 1320b–
5) is amended—
(1) in subsection (b)(8), by striking ‘‘to an individual by
a qualified provider (as defined in subsection (g)(3))’’ and all
that follows through the period and inserting ‘‘, the require-
ments of section 1834(m).’’; and
(2) in subsection (g), by striking paragraph (3).
SEC. 3704. ENHANCING MEDICARE TELEHEALTH SERVICES FOR FED-
ERALLY QUALIFIED HEALTH CENTERS AND RURAL
HEALTH CLINICS DURING EMERGENCY PERIOD.
Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m))
is amended—
(1) in the first sentence of paragraph (1), by striking ‘‘The
Secretary’’ and inserting ‘‘Subject to paragraph (8), the Sec-
retary’’;
(2) in paragraph (2)(A), by striking ‘‘The Secretary’’ and
whamilton on LAP1Z6H6L3PROD with STATUTES
inserting ‘‘Subject to paragraph (8), the Secretary’’;
(3) in paragraph (4)—
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 417
(A) in subparagraph (A), by striking ‘‘The term’’ and
inserting ‘‘Subject to paragraph (8), the term’’; and
(B) in subparagraph (F)(i), by striking ‘‘The term’’ and
inserting ‘‘Subject to paragraph (8), the term’’; and
(4) by adding at the end the following new paragraph:
‘‘(8) ENHANCING TELEHEALTH SERVICES FOR FEDERALLY
QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS DURING
EMERGENCY PERIOD.—
‘‘(A) IN GENERAL.—During the emergency period
described in section 1135(g)(1)(B)—
‘‘(i) the Secretary shall pay for telehealth services
that are furnished via a telecommunications system
by a Federally qualified health center or a rural health
clinic to an eligible telehealth individual enrolled under
this part notwithstanding that the Federally qualified
health center or rural clinic providing the telehealth
service is not at the same location as the beneficiary;
‘‘(ii) the amount of payment to a Federally qualified
health center or rural health clinic that serves as a
distant site for such a telehealth service shall be deter-
mined under subparagraph (B); and
‘‘(iii) for purposes of this subsection— Definitions.
‘‘(I) the term ‘distant site’ includes a Federally
qualified health center or rural health clinic that
furnishes a telehealth service to an eligible tele-
health individual; and
‘‘(II) the term ‘telehealth services’ includes a
rural health clinic service or Federally qualified
health center service that is furnished using tele-
health to the extent that payment codes cor-
responding to services identified by the Secretary
under clause (i) or (ii) of paragraph (4)(F) are
listed on the corresponding claim for such rural
health clinic service or Federally qualified health
center service.
‘‘(B) SPECIAL PAYMENT RULE.—
‘‘(i) IN GENERAL.—The Secretary shall develop and
implement payment methods that apply under this
subsection to a Federally qualified health center or
rural health clinic that serves as a distant site that
furnishes a telehealth service to an eligible telehealth
individual during such emergency period. Such pay-
ment methods shall be based on payment rates that
are similar to the national average payment rates for
comparable telehealth services under the physician fee
schedule under section 1848. Notwithstanding any
other provision of law, the Secretary may implement
such payment methods through program instruction
or otherwise.
‘‘(ii) EXCLUSION FROM FQHC PPS CALCULATION AND
RHC AIR CALCULATION.—Costs associated with tele-
health services shall not be used to determine the
amount of payment for Federally qualified health
center services under the prospective payment system
under section 1834(o) or for rural health clinic services
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under the methodology for all-inclusive rates (estab-
lished by the Secretary) under section 1833(a)(3).’’.
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134 STAT. 418 PUBLIC LAW 116–136—MAR. 27, 2020
SEC. 3705. TEMPORARY WAIVER OF REQUIREMENT FOR FACE-TO-FACE
VISITS BETWEEN HOME DIALYSIS PATIENTS AND PHYSI-
CIANS.
Section 1881(b)(3)(B) of the Social Security Act (42 U.S.C.
1395rr(b)(3)(B)) is amended—
(1) in clause (i), by striking ‘‘clause (ii)’’ and inserting
‘‘clauses (ii) and (iii)’’;
(2) in clause (ii), in the matter preceding subclause (I),
by striking ‘‘Clause (i)’’ and inserting ‘‘Except as provided in
clause (iii), clause (i)’’; and
(3) by adding at the end the following new clause:
‘‘(iii) The Secretary may waive the provisions of
clause (ii) during the emergency period described in
section 1135(g)(1)(B).’’.
SEC. 3706. USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE
ENCOUNTER PRIOR TO RECERTIFICATION OF ELIGI-
BILITY FOR HOSPICE CARE DURING EMERGENCY PERIOD.
Section 1814(a)(7)(D)(i) of the Social Security Act (42 U.S.C.
1395f(a)(7(D)(i)) is amended—
(1) by striking ‘‘a hospice’’ and inserting ‘‘(I) subject to
subclause (II), a hospice’’; and
(2) by inserting after subclause (I), as added by paragraph
(1), the following new subclause:
Determination. ‘‘(II) during the emergency period described in sec-
tion 1135(g)(1)(B), a hospice physician or nurse practi-
tioner may conduct a face-to-face encounter required
under this clause via telehealth, as determined appro-
priate by the Secretary; and’’.
42 USC 1395m SEC. 3707. ENCOURAGING USE OF TELECOMMUNICATIONS SYSTEMS
note. FOR HOME HEALTH SERVICES FURNISHED DURING
EMERGENCY PERIOD.
With respect to home health services (as defined in section
1861(m) of the Social Security Act (42 U.S.C. 1395x(m)) that are
furnished during the emergency period described in section
1135(g)(1)(B) of such Act (42 U.S.C. 1320b–5(g)(1)(B)), the Secretary
of Health and Human Services shall consider ways to encourage
the use of telecommunications systems, including for remote patient
monitoring as described in section 409.46(e) of title 42, Code of
Federal Regulations (or any successor regulations) and other
communications or monitoring services, consistent with the plan
of care for the individual, including by clarifying guidance and
conducting outreach, as appropriate.
SEC. 3708. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH
SERVICES.
(a) PART A PROVISIONS.—Section 1814(a) of the Social Security
Act (42 U.S.C. 1395f(a)) is amended—
(1) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘, a nurse practitioner or clinical nurse specialist
(as such terms are defined in section 1861(aa)(5)) who
is working in accordance with State law, or a physician
assistant (as defined in section 1861(aa)(5)) who is working
in accordance with State law, who is’’ after ‘‘in the case
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of services described in subparagraph (C), a physician’’;
and
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 419
(B) in subparagraph (C)—
(i) by inserting ‘‘, a nurse practitioner, a clinical
nurse specialist, or a physician assistant (as the case
may be)’’ after ‘‘physician’’ the first 2 times it appears;
and
(ii) by striking ‘‘, and, in the case of a certification Deadline.
made by a physician’’ and all that follows through
‘‘face-to-face encounter’’ and inserting ‘‘, and, in the
case of a certification made by a physician after
January 1, 2010, or by a nurse practitioner, clinical
nurse specialist, or physician assistant (as the case
may be) after a date specified by the Secretary (but
in no case later than the date that is 6 months after
the date of the enactment of the CARES Act), prior
to making such certification a physician, nurse practi-
tioner, clinical nurse specialist, or physician assistant
must document that a physician, nurse practitioner,
clinical nurse specialist, certified nurse-midwife (as
defined in section 1861(gg)) as authorized by State
law, or physician assistant has had a face-to-face
encounter’’;
(2) in the third sentence—
(A) by striking ‘‘physician certification’’ and inserting
‘‘certification’’;
(B) by inserting ‘‘(or in the case of regulations to imple- Regulations.
ment the amendments made by section 3708 of the CARES Effective date.
Act, the Secretary shall prescribe regulations, which shall
become effective no later than 6 months after the date
of the enactment of such Act)’’ after ‘‘1981’’; and
(C) by striking ‘‘a physician who’’ and inserting ‘‘a
physician, nurse practitioner, clinical nurse specialist, or
physician assistant who’’;
(3) in the fourth sentence, by inserting ‘‘, nurse practitioner,
clinical nurse specialist, or physician assistant’’ after ‘‘physi-
cian’’; and
(4) in the fifth sentence—
(A) by inserting ‘‘or no later than 6 months after the
date of the enactment of the CARES Act for purposes
of documentation for certification and recertification made
under paragraph (2) by a nurse practitioner, clinical nurse
specialist, or physician assistant,’’ after ‘‘January 1, 2019’’;
and
(B) by inserting ‘‘, nurse practitioner, clinical nurse
specialist, or physician assistant’’ after ‘‘of the physician’’.
(b) PART B PROVISIONS.—Section 1835(a) of the Social Security
Act (42 U.S.C. 1395n(a)) is amended—
(1) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘, a nurse practitioner or clinical nurse specialist
(as those terms are defined in section 1861(aa)(5)) who
is working in accordance with State law, or a physician
assistant (as defined in section 1861(aa)(5)) who is working
in accordance with State law, who is’’ after ‘‘in the case
of services described in subparagraph (A), a physician’’;
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and
(B) in subparagraph (A)—
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134 STAT. 420 PUBLIC LAW 116–136—MAR. 27, 2020
(i) in each of clauses (ii) and (iii) of subparagraph
(A) by inserting ‘‘, a nurse practitioner, a clinical nurse
specialist, or a physician assistant (as the case may
be)’’ after ‘‘physician’’; and
Deadline. (ii) in clause (iv), by striking ‘‘after January 1,
2010’’ and all that follows through ‘‘face-to-face
encounter’’ and inserting ‘‘made by a physician after
January 1, 2010, or by a nurse practitioner, clinical
nurse specialist, or physician assistant (as the case
may be) after a date specified by the Secretary (but
in no case later than the date that is 6 months after
the date of the enactment of the CARES Act), prior
to making such certification a physician, nurse practi-
tioner, clinical nurse specialist, or physician assistant
must document that a physician, nurse practitioner,
clinical nurse specialist, certified nurse-midwife (as
defined in section 1861(gg)) as authorized by State
law, or physician assistant has had a face-to-face
encounter’’;
(2) in the third sentence, by inserting ‘‘, nurse practitioner,
clinical nurse specialist, or physician assistant (as the case
may be)’’ after physician;
(3) in the fourth sentence—
(A) by striking ‘‘physician certification’’ and inserting
‘‘certification’’;
Regulations. (B) by inserting ‘‘(or in the case of regulations to imple-
Effective date. ment the amendments made by section 3708 of the CARES
Act the Secretary shall prescribe regulations which shall
become effective no later than 6 months after the enact-
ment of such Act)’’ after ‘‘1981’’; and
(C) by striking ‘‘a physician who’’ and inserting ‘‘a
physician, nurse practitioner, clinical nurse specialist, or
physician assistant who’’;
(4) in the fifth sentence, by inserting ‘‘, nurse practitioner,
clinical nurse specialist, or physician assistant’’ after ‘‘physi-
cian’’; and
(5) in the sixth sentence—
(A) by inserting ‘‘or no later than 6 months after the
date of the enactment of the CARES Act for purposes
of documentation for certification and recertification made
under paragraph (2) by a nurse practitioner, clinical nurse
specialist, or physician assistant,’’ after ‘‘January 1, 2019’’;
and
(B) by inserting ‘‘, nurse practitioner, clinical nurse
specialist, or physician assistant’’ after ‘‘of the physician’’.
(c) DEFINITION PROVISIONS.—
(1) HOME HEALTH SERVICES.—Section 1861(m) of the Social
Security Act (42 U.S.C. 1395x(m)) is amended—
(A) in the matter preceding paragraph (1)—
(i) by inserting ‘‘, a nurse practitioner or a clinical
nurse specialist (as those terms are defined in sub-
section (aa)(5)), or a physician assistant (as defined
in subsection (aa)(5))’’ after ‘‘physician’’ the first place
it appears; and
(ii) by inserting ‘‘, a nurse practitioner, a clinical
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nurse specialist, or a physician assistant’’ after ‘‘physi-
cian’’ the second place it appears; and
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 421
(B) in paragraph (3), by inserting ‘‘, a nurse practi-
tioner, a clinical nurse specialist, or a physician assistant’’
after ‘‘physician’’.
(2) HOME HEALTH AGENCY.—Section 1861(o)(2) of the Social
Security Act (42 U.S.C. 1395x(o)(2)) is amended—
(A) by inserting ‘‘, nurse practitioners or clinical nurse
specialists (as those terms are defined in subsection (aa)(5)),
certified nurse-midwives (as defined in subsection (gg)),
or physician assistants (as defined in subsection (aa)(5))’’
after ‘‘physicians’’; and
(B) by inserting ‘‘, nurse practitioner, clinical nurse
specialist, certified nurse-midwife, physician assistant,’’
after ‘‘physician’’.
(3) COVERED OSTEOPOROSIS DRUG.—Section 1861(kk)(1) of
the Social Security Act (42 U.S.C. 1395x(kk)(1)) is amended
by inserting ‘‘, nurse practitioner or clinical nurse specialist
(as those terms are defined in subsection (aa)(5)), certified
nurse-midwife (as defined in subsection (gg)), or physician
assistant (as defined in subsection (aa)(5))’’ after ‘‘attending
physician’’.
(d) HOME HEALTH PROSPECTIVE PAYMENT SYSTEM PROVI-
SIONS.—Section 1895 of the Social Security Act (42 U.S.C. 1395fff)
is amended—
(1) in subsection (c)(1)—
(A) by striking ‘‘(provided under section 1842(r))’’; and
(B) by inserting ‘‘the nurse practitioner or clinical nurse
specialist (as those terms are defined in section
1861(aa)(5)), or the physician assistant (as defined in sec-
tion 1861(aa)(5))’’ after ‘‘physician’’; and
(2) in subsection (e)—
(A) in paragraph (1)(A), by inserting ‘‘a nurse practi-
tioner or clinical nurse specialist, or a physician assistant’’
after ‘‘physician’’; and
(B) in paragraph (2)—
(i) in the heading, by striking ‘‘PHYSICIAN CERTIFI-
CATION’’ and inserting ‘‘RULE OF CONSTRUCTION
REGARDING REQUIREMENT FOR CERTIFICATION’’; and
(ii) by striking ‘‘physician’’.
(e) APPLICATION TO MEDICAID.—The amendments made under 42 USC 1395f
this section shall apply under title XIX of the Social Security note.
Act in the same manner and to the same extent as such require-
ments apply under title XVIII of such Act or regulations promul-
gated thereunder.
(f) EFFECTIVE DATE.—The Secretary of Health and Human Regulations.
Services shall prescribe regulations to apply the amendments made 42 USC 1395f
by this section to items and services furnished, which shall become note.
effective no later than 6 months after the date of the enactment
of this legislation. The Secretary shall promulgate an interim final
rule if necessary, to comply with the required effective date.
SEC. 3709. ADJUSTMENT OF SEQUESTRATION. 2 USC 901a note.
(a) TEMPORARY SUSPENSION OF MEDICARE SEQUESTRATION.— Time period.
During the period beginning on May 1, 2020 and ending on
December 31, 2020, the Medicare programs under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.) shall be exempt
whamilton on LAP1Z6H6L3PROD with STATUTES
from reduction under any sequestration order issued before, on,
or after the date of enactment of this Act.
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134 STAT. 422 PUBLIC LAW 116–136—MAR. 27, 2020
(b) EXTENSION OF DIRECT SPENDING REDUCTIONS THROUGH
FISCAL YEAR 2030.—Section 251A(6) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is
amended—
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ‘‘through 2029’’ and inserting ‘‘through 2030’’;
and
(2) in subparagraph (C), in the matter preceding clause
(i), by striking ‘‘fiscal year 2029’’ and inserting ‘‘fiscal year
2030’’.
SEC. 3710. MEDICARE HOSPITAL INPATIENT PROSPECTIVE PAYMENT
SYSTEM ADD-ON PAYMENT FOR COVID–19 PATIENTS
DURING EMERGENCY PERIOD.
(a) IN GENERAL.—Section 1886(d)(4)(C) of the Social Security
Act (42 U.S.C. 1395ww(d)(4)(C)) is amended by adding at the end
the following new clause:
‘‘(iv)(I) For discharges occurring during the emergency period
described in section 1135(g)(1)(B), in the case of a discharge of
an individual diagnosed with COVID–19, the Secretary shall
increase the weighting factor that would otherwise apply to the
diagnosis-related group to which the discharge is assigned by 20
percent. The Secretary shall identify a discharge of such an indi-
vidual through the use of diagnosis codes, condition codes, or other
such means as may be necessary.
‘‘(II) Any adjustment under subclause (I) shall not be taken
into account in applying budget neutrality under clause (iii)
‘‘(III) In the case of a State for which the Secretary has waived
all or part of this section under the authority of section 1115A,
nothing in this section shall preclude such State from implementing
an adjustment similar to the adjustment under subclause (I).’’.
42 USC 1395ww (b) IMPLEMENTATION.—Notwithstanding any other provision of
note. law, the Secretary may implement the amendment made by sub-
section (a) by program instruction or otherwise.
42 USC 1395ww SEC. 3711. INCREASING ACCESS TO POST-ACUTE CARE DURING EMER-
note. GENCY PERIOD.
(a) WAIVER OF IRF 3-HOUR RULE.—With respect to inpatient
rehabilitation services furnished by a rehabilitation facility
described in section 1886(j)(1) of the Social Security Act (42 U.S.C.
1395ww(j)(1)) during the emergency period described in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)),
the Secretary of Health and Human Services shall waive section
412.622(a)(3)(ii) of title 42, Code of Federal Regulations (or any
successor regulations), relating to the requirement that patients
of an inpatient rehabilitation facility receive at least 15 hours
of therapy per week.
(b) WAIVER OF SITE-NEUTRAL PAYMENT RATE PROVISIONS FOR
LONG-TERM CARE HOSPITALS.—With respect to inpatient hospital
services furnished by a long-term care hospital described in section
1886(d)(1)(B)(iv) of the Social Security Act (42 U.S.C.
1395ww(d)(1)(B)(iv)) during the emergency period described in sec-
tion 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–
5(g)(1)(B)), the Secretary of Health and Human Services shall waive
the following provisions of section 1886(m)(6) of such Act (42 U.S.C.
1395ww(m)(6)):
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(1) LTCH 50-PERCENT RULE.—Subparagraph (C)(ii) of such
section, relating to the payment adjustment for long-term care
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 423
hospitals that do not have a discharge payment percentage
for the period that is at least 50 percent.
(2) SITE-NEUTRAL IPPS PAYMENT RATE.—Subparagraph (A)(i)
of such section, relating to the application of the site-neutral
payment rate (and payment shall be made to a long-term
care hospital without regard to such section) for a discharge
if the admission occurs during such emergency period and
is in response to the public health emergency described in
such section 1135(g)(1)(B).
SEC. 3712. REVISING PAYMENT RATES FOR DURABLE MEDICAL EQUIP- 42 USC 1395m
MENT UNDER THE MEDICARE PROGRAM THROUGH DURA- note.
TION OF EMERGENCY PERIOD.
(a) RURAL AND NONCONTIGUOUS AREAS.—The Secretary of
Health and Human Services shall implement section
414.210(g)(9)(iii) of title 42, Code of Federal Regulations (or any
successor regulation), to apply the transition rule described in such
section to all applicable items and services furnished in rural areas
and noncontiguous areas (as such terms are defined for purposes
of such section) as planned through December 31, 2020, and through
the duration of the emergency period described in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)),
if longer.
(b) AREAS OTHER THAN RURAL AND NONCONTIGUOUS AREAS.—
With respect to items and services furnished on or after the date Effective date.
that is 30 days after the date of the enactment of this Act, the Applicability.
Secretary of Health and Human Services shall apply section
414.210(g)(9)(iv) of title 42, Code of Federal Regulations (or any
successor regulation), as if the reference to ‘‘dates of service from
June 1, 2018 through December 31, 2020, based on the fee schedule
amount for the area is equal to 100 percent of the adjusted payment
amount established under this section’’ were instead a reference
to ‘‘dates of service from March 6, 2020, through the remainder
of the duration of the emergency period described in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)),
based on the fee schedule amount for the area is equal to 75
percent of the adjusted payment amount established under this
section and 25 percent of the unadjusted fee schedule amount’’.
SEC. 3713. COVERAGE OF THE COVID–19 VACCINE UNDER PART B OF
THE MEDICARE PROGRAM WITHOUT ANY COST-SHARING.
(a) MEDICAL AND OTHER HEALTH SERVICES.—Section
1861(s)(10)(A) of the Social Security Act (42 U.S.C. 1395x(s)(10)(A))
is amended by inserting ‘‘, and COVID–19 vaccine and its adminis-
tration’’ after ‘‘influenza vaccine and its administration’’.
(b) PART B DEDUCTIBLE.—The first sentence of section 1833(b)
of the Social Security Act (42 U.S.C. 1395l(b)) is amended—
(1) in paragraph (10), by striking ‘‘and’’ at the end; and
(2) in paragraph (11), by striking the period at the end
and inserting ‘‘, and (12) such deductible shall not apply with
respect a COVID–19 vaccine and its administration described
in section 1861(s)(10)(A).’’.
(c) MEDICARE ADVANTAGE.—Section 1852(a)(1)(B) of the Social
Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is amended—
(1) in clause (iv)—
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(A) by redesignating subclause (VI) as subclause (VII);
and
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134 STAT. 424 PUBLIC LAW 116–136—MAR. 27, 2020
(B) by inserting after subclause (V) the following new
subclause:
‘‘(VI) A COVID–19 vaccine and its administra-
tion described in section 1861(s)(10)(A).’’; and
(2) in clause (v), by striking ‘‘subclauses (IV) and (V)’’
inserting ‘‘subclauses (IV), (V), and (VI)’’.
Applicability. (d) EFFECTIVE DATE.—The amendments made by this section
42 USC 1395l shall take effect on the date of enactment of this Act and shall
note.
apply with respect to a COVID–19 vaccine beginning on the date
that such vaccine is licensed under section 351 of the Public Health
Service Act (42 U.S.C. 262).
42 USC 1395l (e) IMPLEMENTATION.—Notwithstanding any other provision of
note. law, the Secretary may implement the provisions of, and the amend-
ments made by, this section by program instruction or otherwise.
SEC. 3714. REQUIRING MEDICARE PRESCRIPTION DRUG PLANS AND
MA–PD PLANS TO ALLOW DURING THE COVID–19 EMER-
GENCY PERIOD FOR FILLS AND REFILLS OF COVERED
PART D DRUGS FOR UP TO A 3-MONTH SUPPLY.
(a) IN GENERAL.—Section 1860D–4(b) of the Social Security
Act (42 U.S.C. 1395w–104(b)) is amended by adding at the end
the following new paragraph:
‘‘(4) ENSURING ACCESS DURING COVID–19 PUBLIC HEALTH
EMERGENCY PERIOD.—
‘‘(A) IN GENERAL.—During the emergency period
described in section 1135(g)(1)(B), subject to subparagraph
(B), a prescription drug plan or MA–PD plan shall, notwith-
standing any cost and utilization management, medication
therapy management, or other such programs under this
part, permit a part D eligible individual enrolled in such
plan to obtain in a single fill or refill, at the option of
such individual, the total day supply (not to exceed a 90-
day supply) prescribed for such individual for a covered
part D drug.
‘‘(B) SAFETY EDIT EXCEPTION.—A prescription drug plan
or MA–PD plan may not permit a part D eligible individual
to obtain a single fill or refill inconsistent with an
applicable safety edit.’’.
42 USC (b) IMPLEMENTATION.—Notwithstanding any other provision of
1395w–104 note. law, the Secretary of Health and Human Services may implement
the amendment made by this section by program instruction or
otherwise.
SEC. 3715. PROVIDING HOME AND COMMUNITY-BASED SERVICES IN
ACUTE CARE HOSPITALS.
Section 1902(h) of the Social Security Act (42 U.S.C. 1396a(h))
is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(h)’’;
(2) by inserting ‘‘, home and community-based services
provided under subsection (c), (d), or (i) of section 1915 or
under a waiver or demonstration project under section 1115,
self-directed personal assistance services provided pursuant to
a written plan of care under section 1915(j), and home and
community-based attendant services and supports under section
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1915(k)’’ before the period; and
(3) by adding at the end the following:
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 425
‘‘(2) Nothing in this title, title XVIII, or title XI shall be con-
strued as prohibiting receipt of any care or services specified in
paragraph (1) in an acute care hospital that are—
‘‘(A) identified in an individual’s person-centered service
plan (or comparable plan of care);
‘‘(B) provided to meet needs of the individual that are
not met through the provision of hospital services;
‘‘(C) not a substitute for services that the hospital is obli-
gated to provide through its conditions of participation or under
Federal or State law, or under another applicable requirement;
and
‘‘(D) designed to ensure smooth transitions between acute
care settings and home and community-based settings, and
to preserve the individual’s functional abilities.’’.
SEC. 3716. CLARIFICATION REGARDING UNINSURED INDIVIDUALS.
Subsection (ss) of section 1902 of the Social Security Act (42
U.S.C. 1396a), as added by section 6004(a)(3)(C) of the Families
First Coronavirus Response Act, is amended—
(1) in paragraph (1), by inserting ‘‘(excluding subclause
(VIII) of such subsection if the individual is a resident of
a State which does not furnish medical assistance to individuals
described in such subclause)’’ before the semicolon; and
(2) in paragraph (2), by inserting ‘‘, except that individuals
who are eligible for medical assistance under subsection
(a)(10)(A)(ii)(XII), subsection (a)(10)(A)(ii)(XVIII), subsection
(a)(10)(A)(ii)(XXI), or subsection (a)(10)(C) (but only to the
extent such an individual is considered to not have minimum
essential coverage under section 5000A(f)(1) of the Internal
Revenue Code of 1986), or who are described in subsection
(l)(1)(A) and are eligible for medical assistance only because
of subsection (a)(10)(A)(i)(IV) or (a)(10)(A)(ii)(IX) and whose
eligibility for such assistance is limited by the State under
clause (VII) in the matter following subsection (a)(10)(G), shall
not be treated as enrolled in a Federal health care program
for purposes of this paragraph’’ before the period at the end.
SEC. 3717. CLARIFICATION REGARDING COVERAGE OF COVID–19
TESTING PRODUCTS.
Subparagraph (B) of section 1905(a)(3) of the Social Security
Act (42 U.S.C. 1396d(a)(3)), as added by section 6004(a)(1)(C) of
the Families First Coronavirus Response Act (Public Law 116–
127), is amended by striking ‘‘that are approved, cleared, or author- Ante, p. 204.
ized under section 510(k), 513, 515 or 564 of the Federal Food,
Drug, and Cosmetic Act’’.
SEC. 3718. AMENDMENTS RELATING TO REPORTING REQUIREMENTS
WITH RESPECT TO CLINICAL DIAGNOSTIC LABORATORY
TESTS.
(a) REVISED REPORTING PERIOD FOR REPORTING OF PRIVATE
SECTOR PAYMENT RATES FOR ESTABLISHMENT OF MEDICARE PAY-
MENT RATES.—Section 1834A(a)(1)(B) of the Social Security Act
(42 U.S.C. 1395m–1(a)(1)(B)) is amended—
(1) in clause (i), by striking ‘‘December 31, 2020’’ and
inserting ‘‘December 31, 2021’’; and
(2) in clause (ii)—
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(A) by striking ‘‘January 1, 2021’’ and inserting
‘‘January 1, 2022’’; and
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134 STAT. 426 PUBLIC LAW 116–136—MAR. 27, 2020
(B) by striking ‘‘March 31, 2021’’ and inserting ‘‘March
31, 2022’’.
(b) REVISED PHASE-IN OF REDUCTIONS FROM PRIVATE PAYOR
RATE IMPLEMENTATION.—Section 1834A(b)(3) of the Social Security
Act (42 U.S.C. 1395m–1(b)(3)) is amended—
(1) in subparagraph (A), by striking ‘‘through 2023’’ and
inserting ‘‘through 2024’’; and
(2) in subparagraph (B)—
(A) in clause (i), by striking ‘‘and’’ at the end;
(B) by redesignating clause (ii) as clause (iii);
(C) by inserting after clause (i) the following new
clause:
‘‘(ii) for 2021, 0 percent; and’’; and
(D) in clause (iii), as redesignated by subparagraph
(B), by striking ‘‘2021 through 2023’’ and inserting ‘‘2022
through 2024’’.
SEC. 3719. EXPANSION OF THE MEDICARE HOSPITAL ACCELERATED
PAYMENT PROGRAM DURING THE COVID–19 PUBLIC
HEALTH EMERGENCY.
Section 1815 of the Social Security Act (42 U.S.C. 1395g) is
amended—
(1) in subsection (e)(3), by striking ‘‘In the case’’ and
inserting ‘‘Subject to subsection (f), in the case’’; and
(2) by adding at the end the following new subsection:
‘‘(f)(1) During the emergency period described in section
1135(g)(1)(B), the Secretary shall expand the program under sub-
section (e)(3) pursuant to paragraph (2).
Applicability. ‘‘(2) In expanding the program under subsection (e)(3), the
following shall apply:
‘‘(A)(i) In addition to the hospitals described in subsection
(e)(3), the following hospitals shall be eligible to participate
in the program:
‘‘(I) Hospitals described in clause (iii) of section
1886(d)(1)(B).
‘‘(II) Hospitals described in clause (v) of such section.
‘‘(III) Critical access hospitals (as defined in section
1861(mm)(1)).
‘‘(ii) Subject to appropriate safeguards against fraud, waste,
and abuse, upon a request of a hospital described in clause
(i), the Secretary shall provide accelerated payments under
the program to such hospital.
‘‘(B) Upon the request of the hospital, the Secretary may
do any of the following:
‘‘(i) Make accelerated payments on a periodic or lump
sum basis.
‘‘(ii) Increase the amount of payment that would other-
wise be made to hospitals under the program up to 100
percent (or, in the case of critical access hospitals, up
to 125 percent).
Time period. ‘‘(iii) Extend the period that accelerated payments cover
so that it covers up to a 6-month period.
Time periods. ‘‘(C) Upon the request of the hospital, the Secretary shall
do the following:
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‘‘(i) Provide up to 120 days before claims are offset
to recoup the accelerated payment.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 427
‘‘(ii) Allow not less than 12 months from the date
of the first accelerated payment before requiring that the
outstanding balance be paid in full.
‘‘(3) Nothing in this subsection shall preclude the Secretary
from carrying out the provisions described in clauses (i), (ii), and
(iii) of paragraph (2)(B) and clauses (i) and (ii) of paragraph (2)(C)
under the program under subsection (e)(3) after the period for
which this subsection applies.
‘‘(4) Notwithstanding any other provision of law, the Secretary
may implement the provisions of this subsection by program instruc-
tion or otherwise.’’.
SEC. 3720. DELAYING REQUIREMENTS FOR ENHANCED FMAP TO
ENABLE STATE LEGISLATION NECESSARY FOR COMPLI-
ANCE.
Section 6008 of the Families First Coronavirus Response Act Ante, p. 208.
is amended by adding at the end the following new subsection:
‘‘(d) DELAY IN APPLICATION OF PREMIUM REQUIREMENT.—
During the 30 day period beginning on the date of enactment Time period.
of this Act, a State shall not be ineligible for the increase to Effective date.
the Federal medical assistance percentage of the State described
in subsection (a) on the basis that the State imposes a premium
that violates the requirement of subsection (b)(2) if such premium
was in effect on the date of enactment of this Act.’’.
Subtitle E—Health and Human Services
Extenders
PART I—MEDICARE PROVISIONS
SEC. 3801. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR
UNDER THE MEDICARE PROGRAM.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C.
1395w–4(e)(1)(E)) is amended by striking ‘‘May 23, 2020’’ and
inserting ‘‘December 1, 2020’’.
SEC. 3802. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSE- Time period.
MENT, INPUT, AND SELECTION.
(a) IN GENERAL.—Section 1890(d)(2) of the Social Security Act
(42 U.S.C. 1395aaa(d)(2)) is amended—
(1) in the first sentence, by striking ‘‘and $4,830,000 for
the period beginning on October 1, 2019, and ending on May
22, 2020’’ and inserting ‘‘$20,000,000 for fiscal year 2020, and
for the period beginning on October 1, 2020, and ending on
November 30, 2020, the amount equal to the pro rata portion
of the amount appropriated for such period for fiscal year
2020’’; and
(2) in the third sentence, by striking ‘‘and 2019 and for
the period beginning on October 1, 2019, and ending on May
22, 2020’’ and inserting ‘‘, 2019, and 2020, and for the period
beginning on October 1, 2020, and ending on November 30,
2020,’’.
(b) EFFECTIVE DATE.—The amendments made by subsection 42 USC 1395aaa
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(a) shall take effect as if included in the enactment of the Further note.
Consolidated Appropriations Act, 2020 (Public Law 116–94).
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134 STAT. 428 PUBLIC LAW 116–136—MAR. 27, 2020
Time period. SEC. 3803. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR
LOW-INCOME PROGRAMS.
(a) FUNDING EXTENSIONS.—
(1) ADDITIONAL FUNDING FOR STATE HEALTH INSURANCE
PROGRAMS.—Subsection (a)(1)(B) of section 119 of the Medicare
Improvements for Patients and Providers Act of 2008 (42 U.S.C.
1395b–3 note), as amended by section 3306 of the Patient
Protection and Affordable Care Act (Public Law 111–148), sec-
tion 610 of the American Taxpayer Relief Act of 2012 (Public
Law 112–240), section 1110 of the Pathway for SGR Reform
Act of 2013 (Public Law 113–67), section 110 of the Protecting
Access to Medicare Act of 2014 (Public Law 113–93), section
208 of the Medicare Access and CHIP Reauthorization Act
of 2015 (Public Law 114–10), section 50207 of division E of
the Bipartisan Budget Act of 2018 (Public Law 115–123), sec-
tion 1402 of division B of the Continuing Appropriations Act,
2020, and Health Extenders Act of 2019 (Public Law 116–
59), section 1402 of division B of the Further Continuing Appro-
priations Act, 2020, and Further Health Extenders Act of 2019
(Public Law 116–69), and section 103 of division N of the
Further Consolidated Appropriations Act, 2020 (Public Law
116–94) is amended by striking clauses (x) through (xii) and
inserting the following new clauses:
‘‘(x) for fiscal year 2020, of $13,000,000; and
‘‘(xi) for the period beginning on October 1, 2020,
and ending on November 30, 2020, the amount equal
to the pro rata portion of the amount appropriated
for such period for fiscal year 2020.’’.
(2) ADDITIONAL FUNDING FOR AREA AGENCIES ON AGING.—
Subsection (b)(1)(B) of such section 119, as so amended, is
amended by striking clauses (x) through (xii) and inserting
the following new clauses:
‘‘(x) for fiscal year 2020, of $7,500,000; and
‘‘(xi) for the period beginning on October 1, 2020,
and ending on November 30, 2020, the amount equal
to the pro rata portion of the amount appropriated
for such period for fiscal year 2020.’’.
(3) ADDITIONAL FUNDING FOR AGING AND DISABILITY
RESOURCE CENTERS.—Subsection (c)(1)(B) of such section 119,
as so amended, is amended by striking clauses (x) through
(xii) and inserting the following new clauses:
‘‘(x) for fiscal year 2020, of $5,000,000; and
‘‘(xi) for the period beginning on October 1, 2020,
and ending on November 30, 2020, the amount equal
to the pro rata portion of the amount appropriated
for such period for fiscal year 2020.’’.
(4) ADDITIONAL FUNDING FOR CONTRACT WITH THE NATIONAL
CENTER FOR BENEFITS AND OUTREACH ENROLLMENT.—Sub-
section (d)(2) of such section 119, as so amended, is amended
by striking clauses (x) through (xii) and inserting the following
new clauses:
‘‘(x) for fiscal year 2020, of $12,000,000; and
‘‘(xi) for the period beginning on October 1, 2020,
and ending on November 30, 2020, the amount equal
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to the pro rata portion of the amount appropriated
for such period for fiscal year 2020.’’.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 429
(b) EFFECTIVE DATE.—The amendments made by subsection 42 USC 1395b–3
(a) shall take effect as if included in the enactment of the Further note.
Consolidated Appropriations Act, 2020 (Public Law 116–94).
PART II—MEDICAID PROVISIONS
SEC. 3811. EXTENSION OF THE MONEY FOLLOWS THE PERSON REBAL- Time period.
ANCING DEMONSTRATION PROGRAM.
Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C.
1396a note) is amended—
(1) in paragraph (1), by striking subparagraph (G) and
inserting the following:
‘‘(G) subject to paragraph (3), $337,500,000 for the
period beginning on January 1, 2020, and ending on Sep-
tember 30, 2020; and
‘‘(H) subject to paragraph (3), for the period beginning
on October 1, 2020, and ending on November 30, 2020,
the amount equal to the pro rata portion of the amount
appropriated for such period for fiscal year 2020.’’; and
(2) in paragraph (3), by striking ‘‘and (G)’’ and inserting
‘‘, (G), and (H)’’.
SEC. 3812. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.
(a) IN GENERAL.—Section 2404 of Public Law 111–148 (42
U.S.C. 1396r–5 note) is amended by striking ‘‘May 22, 2020’’ and
inserting ‘‘November 30, 2020’’.
(b) RULE OF CONSTRUCTION.—Nothing in section 2404 of Public 42 USC 1396a
Law 111–148 (42 U.S.C. 1396r–5 note) or section 1902(a)(17) or note.
1924 of the Social Security Act (42 U.S.C. 1396a(a)(17), 1396r–
5) shall be construed as prohibiting a State from—
(1) applying an income or resource disregard under a meth-
odology authorized under section 1902(r)(2) of such Act (42
U.S.C. 1396a(r)(2))—
(A) to the income or resources of an individual
described in section 1902(a)(10)(A)(ii)(VI) of such Act (42
U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the
income or resources of such individual’s spouse); or
(B) on the basis of an individual’s need for home and
community-based services authorized under subsection (c),
(d), (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n)
or under section 1115 of such Act (42 U.S.C. 1315); or
(2) disregarding an individual’s spousal income and assets
under a plan amendment to provide medical assistance for
home and community-based services for individuals by reason
of being determined eligible under section 1902(a)(10)(C) of
such Act (42 U.S.C. 1396a(a)(10)(C)) or by reason of section
1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise on the
basis of a reduction of income based on costs incurred for
medical or other remedial care under which the State dis-
regarded the income and assets of the individual’s spouse in
determining the initial and ongoing financial eligibility of an
individual for such services in place of the spousal impoverish-
ment provisions applied under section 1924 of such Act (42
U.S.C. 1396r–5).
SEC. 3813. DELAY OF DSH REDUCTIONS.
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Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C.
1396r–4(f)(7)(A)) is amended—
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134 STAT. 430 PUBLIC LAW 116–136—MAR. 27, 2020
(1) in clause (i), in the matter preceding subclause (I),
by striking ‘‘May 23, 2020, and ending September 30, 2020,
and for each of fiscal years 2021’’ and inserting ‘‘December
1, 2020, and ending September 30, 2021, and for each of fiscal
years 2022’’; and
(2) in clause (ii)—
(A) in subclause (I), by striking ‘‘May 23, 2020, and
ending September 30, 2020’’ and inserting ‘‘December 1,
2020, and ending September 30, 2021’’; and
(B) in subclause (II), by striking ‘‘2021’’ and inserting
‘‘2022’’.
SEC. 3814. EXTENSION AND EXPANSION OF COMMUNITY MENTAL
HEALTH SERVICES DEMONSTRATION PROGRAM.
(a) IN GENERAL.—Section 223(d) of the Protecting Access to
Medicare Act of 2014 (42 U.S.C. 1396a note) is amended—
(1) in paragraph (3)—
(A) by striking ‘‘Not more than’’ and inserting ‘‘Subject
to paragraph (8), not more than’’; and
(B) by striking ‘‘May 22, 2020’’ and inserting
‘‘November 30, 2020’’; and
(2) by adding at the end the following new paragraph:
‘‘(8) ADDITIONAL PROGRAMS.—
Deadline. ‘‘(A) IN GENERAL.—Not later than 6 months after the
date of enactment of this paragraph, in addition to the
8 States selected under paragraph (1), the Secretary shall
select 2 States to participate in 2-year demonstration pro-
grams that meet the requirements of this subsection.
‘‘(B) SELECTION OF STATES.—
‘‘(i) IN GENERAL.—Subject to clause (ii), in selecting
States under this paragraph, the Secretary—
‘‘(I) shall select States that—
‘‘(aa) were awarded planning grants under
subsection (c); and
‘‘(bb) applied to participate in the dem-
onstration programs under this subsection
under paragraph (1) but, as of the date of
enactment of this paragraph, were not selected
to participate under paragraph (1); and
‘‘(II) shall use the results of the Secretary’s
evaluation of each State’s application under para-
graph (1) to determine which States to select, and
shall not require the submission of any additional
application.
‘‘(C) REQUIREMENTS FOR SELECTED STATES.—Prior to
services being delivered under the demonstration authority
in a State selected under this paragraph, the State shall—
Plan. ‘‘(i) submit a plan to monitor certified community
behavioral health clinics under the demonstration pro-
gram to ensure compliance with certified community
behavioral health criteria during the demonstration
period; and
Data. ‘‘(ii) commit to collecting data, notifying the Sec-
Notification. retary of any planned changes that would deviate from
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the prospective payment system methodology outlined
in the State’s demonstration application, and obtaining
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 431
approval from the Secretary for any such change before
implementing the change.’’.
(b) LIMITATION.—Section 223(d)(5) of the Protecting Access to
Medicare Act of 2014 (42 U.S.C. 1396a note) is amended—
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ‘‘The Federal matching’’ and inserting ‘‘Subject
to subparagraph (C)(iii), the Federal matching’’; and
(2) in subparagraph (C), by adding at the end the following
new clause:
‘‘(iii) PAYMENTS FOR AMOUNTS EXPENDED AFTER
2019.—The Federal matching percentage applicable
under subparagraph (B) to amounts expended by a
State participating in the demonstration program
under this subsection shall—
‘‘(I) in the case of a State participating in Effective date.
the demonstration program as of January 1, 2020, Time period.
apply to amounts expended by the State during
the 8 fiscal quarter period (or any portion of such
period) that begins on January 1, 2020; and
‘‘(II) in the case of a State selected to partici-
pate in the demonstration program under para-
graph (8), during first 8 fiscal quarter period (or
any portion of such period) that the State partici-
pates in a demonstration program.’’.
(c) GAO STUDY AND REPORT ON THE COMMUNITY AND MENTAL
HEALTH SERVICES DEMONSTRATION PROGRAM.—
(1) IN GENERAL.—Not later than 18 months after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee
on Finance of the Senate a report on the community and
mental health services demonstration program conducted under
section 223 of the Protecting Access to Medicare Act of 2014
(42 U.S.C. 1396a note) (referred to in this subsection as the
‘‘demonstration program’’).
(2) CONTENT OF REPORT.—The report required under para-
graph (1) shall include the following information:
(A) Information on States’ experiences participating
in the demonstration program, including the extent to
which States—
(i) measure the effects of access to certified commu-
nity behavioral health clinics on patient health and
cost of care, including—
(I) engagement in treatment for behavioral
health conditions;
(II) relevant clinical outcomes, to the extent
collected;
(III) screening and treatment for comorbid
medical conditions; and
(IV) use of crisis stabilization, emergency
department, and inpatient care.
(B) Information on Federal efforts to evaluate the dem-
onstration program, including—
(i) quality measures used to evaluate the program;
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(ii) assistance provided to States on data collection
and reporting;
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134 STAT. 432 PUBLIC LAW 116–136—MAR. 27, 2020
Assessments. (iii) assessments of the reliability and usefulness
of State-submitted data; and
(iv) the extent to which such efforts provide
information on the relative quality, scope, and cost
of services as compared with services not provided
under the demonstration program, and in comparison
to Medicaid beneficiaries with mental illness and sub-
stance use disorders not served under the demonstra-
tion program.
Recommenda- (C) Recommendations for improvements to the fol-
tions. lowing:
(i) The reporting, accuracy, and validation of
encounter data.
(ii) Accuracy in payments to certified community
behavioral health clinics under State plans or waivers
under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.).
PART III—HUMAN SERVICES AND OTHER
HEALTH PROGRAMS
Time period. SEC. 3821. EXTENSION OF SEXUAL RISK AVOIDANCE EDUCATION PRO-
GRAM.
Section 510 of the Social Security Act (42 U.S.C. 710) is
amended—
(1) in subsection (a)—
(A) in paragraph (1), in the matter preceding subpara-
graph (A)—
(i) by striking ‘‘and 2019 and for the period begin-
ning October 1, 2019, and ending May 22, 2020’’ and
inserting ‘‘through 2020 and for the period beginning
October 1, 2020, and ending November 30, 2020’’; and
(ii) by striking ‘‘fiscal year 2020’’ and inserting
‘‘fiscal year 2021’’
(B) in paragraph (2)(A)—
(i) by striking ‘‘and 2019 and for the period begin-
ning October 1, 2019, and ending May 22, 2020’’ and
inserting ‘‘through 2020 and for the period beginning
October 1, 2020, and ending November 30, 2020’’; and
(ii) by striking ‘‘fiscal year 2020’’ and inserting
‘‘fiscal year 2021’’; and
(2) in subsection (f)(1), by striking ‘‘and 2019 and
$48,287,671 for the period beginning October 1, 2019, and
ending May 22, 2020’’ and inserting ‘‘through 2020, and for
the period beginning on October 1, 2020, and ending on
November 30, 2020, the amount equal to the pro rata portion
of the amount appropriated for such period for fiscal year
2020’’.
Time periods. SEC. 3822. EXTENSION OF PERSONAL RESPONSIBILITY EDUCATION
PROGRAM.
Section 513 of the Social Security Act (42 U.S.C. 713) is
amended—
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(1) in subsection (a)—
(A) in paragraph (1)—
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 433
(i) in subparagraph (A), in the matter preceding
clause (i), by striking ‘‘2019 and for the period begin-
ning October 1, 2019, and ending May 22, 2020’’ and
inserting ‘‘2020 and for the period beginning October
1, 2020, and ending November 30, 2020’’; and
(ii) in subparagraph (B)(i), by striking by striking
‘‘October 1, 2019, and ending May 22, 2020’’ and
inserting ‘‘October 1, 2020, and ending November 30,
2020’’;
(2) in paragraph (4)(A), by striking ‘‘2019’’ each place it
appears and inserting ‘‘2020’’; and
(3) in subsection (f), by striking ‘‘2019 and $48,287,671
for the period beginning October 1, 2019, and ending May
22, 2020’’ and inserting ‘‘2020, and for the period beginning
on October 1, 2020, and ending on November 30, 2020, the
amount equal to the pro rata portion of the amount appro-
priated for such period for fiscal year 2020’’.
SEC. 3823. EXTENSION OF DEMONSTRATION PROJECTS TO ADDRESS 42 USC 1397g
HEALTH PROFESSIONS WORKFORCE NEEDS. note.
Activities authorized by section 2008 of the Social Security
Act shall continue through November 30, 2020, in the manner
authorized for fiscal year 2019, and out of any money in the
Treasury of the United States not otherwise appropriated, there
are hereby appropriated such sums as may be necessary for such
purpose. Grants and payments may be made pursuant to this
authority through the date so specified at the pro rata portion
of the total amount authorized for such activities in fiscal year
2019.
SEC. 3824. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY 42 USC 601 note.
FAMILIES PROGRAM AND RELATED PROGRAMS.
Activities authorized by part A of title IV and section 1108(b)
of the Social Security Act shall continue through November 30,
2020, in the manner authorized for fiscal year 2019, and out of
any money in the Treasury of the United States not otherwise
appropriated, there are hereby appropriated such sums as may
be necessary for such purpose.
PART IV—PUBLIC HEALTH PROVISIONS
SEC. 3831. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE Time periods.
NATIONAL HEALTH SERVICE CORPS, AND TEACHING
HEALTH CENTERS THAT OPERATE GME PROGRAMS.
(a) COMMUNITY HEALTH CENTERS.—Section 10503(b)(1)(F) of
the Patient Protection and Affordable Care Act (42 U.S.C. 254b–
2(b)(1)(F)) is amended by striking ‘‘and $2,575,342,466 for the period
beginning on October 1, 2019, and ending on May 22, 2020’’ and
inserting ‘‘$4,000,000,000 for fiscal year 2020, and $668,493,151
for the period beginning on October 1, 2020, and ending on
November 30, 2020’’.
(b) NATIONAL HEALTH SERVICE CORPS.—Section 10503(b)(2) of
the Patient Protection and Affordable Care Act (42 U.S.C. 254b–
2(b)(2)) is amended—
(1) in subparagraph (F), by striking ‘‘and’’ at the end;
and
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(2) by striking subparagraph (G) and inserting the fol-
lowing:
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134 STAT. 434 PUBLIC LAW 116–136—MAR. 27, 2020
‘‘(G) $310,000,000 for fiscal year 2020; and
‘‘(H) $51,808,219 for the period beginning on October
1, 2020, and ending on November 30, 2020.’’.
(c) TEACHING HEALTH CENTERS THAT OPERATE GRADUATE MED-
ICAL EDUCATION PROGRAMS.—Section 340H(g)(1) of the Public
Health Service Act (42 U.S.C. 256h(g)(1)) is amended by striking
‘‘and 2019, and $81,445,205 for the period beginning on October
1, 2019, and ending on May 22, 2020’’ and inserting ‘‘through
fiscal year 2020, and $21,141,096 for the period beginning on
October 1, 2020, and ending on November 30, 2020’’.
(d) APPLICATION OF PROVISIONS.—Amounts appropriated pursu-
ant to the amendments made by this section for fiscal year 2020
and for the period beginning on October 1, 2020, and ending on
November 30, 2020, shall be subject to the requirements contained
in Public Law 116–94 for funds for programs authorized under
sections 330 through 340 of the Public Health Service Act (42
U.S.C. 254 through 256).
(e) CONFORMING AMENDMENT.—Paragraph (4) of section 3014(h)
of title 18, United States Code, as amended by section 401(e)
of division N of Public Law 116–94, is amended by striking ‘‘section
401(d) of division N of the Further Consolidated Appropriations
Act, 2020’’ and inserting ‘‘section 3831 of the CARES Act’’.
Time period. SEC. 3832. DIABETES PROGRAMS.
(a) TYPE I.—Section 330B(b)(2)(D) of the Public Health Service
Act (42 U.S.C. 254c–2(b)(2)(D)) is amended by striking ‘‘and 2019,
and $96,575,342 for the period beginning on October 1, 2019, and
ending on May 22, 2020’’ and inserting ‘‘through 2020, and
$25,068,493 for the period beginning on October 1, 2020, and ending
on November 30, 2020’’.
(b) INDIANS.—Section 330C(c)(2)(D) of the Public Health Service
Act (42 U.S.C. 254c–3(c)(2)(D)) is amended by striking ‘‘and 2019,
and $96,575,342 for the period beginning on October 1, 2019, and
ending on May 22, 2020’’ and inserting ‘‘through 2020, and
$25,068,493 for the period beginning on October 1, 2020, and ending
on November 30, 2020’’.
PART V—MISCELLANEOUS PROVISIONS
SEC. 3841. PREVENTION OF DUPLICATE APPROPRIATIONS FOR FISCAL
YEAR 2020.
Expenditures made under any provision of law amended in
this title pursuant to the amendments made by the Continuing
Appropriations Act, 2020, and Health Extenders Act of 2019 (Public
Law 116–59), the Further Continuing Appropriations Act, 2020,
and Further Health Extenders Act of 2019 (Public Law 116–69),
and the Further Consolidated Appropriations Act, 2020 (Public
Law 116–94) for fiscal year 2020 shall be charged to the applicable
appropriation or authorization provided by the amendments made
by this title to such provision of law for such fiscal year.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 435
Subtitle F—Over-the-Counter Drugs
PART I—OTC DRUG REVIEW
SEC. 3851. REGULATION OF CERTAIN NONPRESCRIPTION DRUGS THAT
ARE MARKETED WITHOUT AN APPROVED DRUG APPLICA-
TION.
(a) IN GENERAL.—Chapter V of the Federal Food, Drug, and
Cosmetic Act is amended by inserting after section 505F of such
Act (21 U.S.C. 355g) the following:
‘‘SEC. 505G. REGULATION OF CERTAIN NONPRESCRIPTION DRUGS 21 USC 355h.
THAT ARE MARKETED WITHOUT AN APPROVED DRUG
APPLICATION.
‘‘(a) NONPRESCRIPTION DRUGS MARKETED WITHOUT AN
APPROVED APPLICATION.—Nonprescription drugs marketed without
an approved drug application under section 505, as of the date
of the enactment of this section, shall be treated in accordance
with this subsection.
‘‘(1) DRUGS SUBJECT TO A FINAL MONOGRAPH; CATEGORY
I DRUGS SUBJECT TO A TENTATIVE FINAL MONOGRAPH.—A drug
is deemed to be generally recognized as safe and effective
under section 201(p)(1), not a new drug under section 201(p),
and not subject to section 503(b)(1), if—
‘‘(A) the drug is—
‘‘(i) in conformity with the requirements for non-
prescription use of a final monograph issued under
part 330 of title 21, Code of Federal Regulations (except
as provided in paragraph (2)), the general requirements
for nonprescription drugs, and conditions or require-
ments under subsections (b), (c), and (k); and
‘‘(ii) except as permitted by an order issued under
subsection (b) or, in the case of a minor change in
the drug, in conformity with an order issued under
subsection (c), in a dosage form that, immediately prior
to the date of the enactment of this section, has been
used to a material extent and for a material time
under section 201(p)(2); or
‘‘(B) the drug is—
‘‘(i) classified in category I for safety and effective-
ness under a tentative final monograph that is the
most recently applicable proposal or determination
issued under part 330 of title 21, Code of Federal
Regulations;
‘‘(ii) in conformity with the proposed requirements
for nonprescription use of such tentative final mono-
graph, any applicable subsequent determination by the
Secretary, the general requirements for nonprescrip-
tion drugs, and conditions or requirements under sub-
sections (b), (c), and (k); and
‘‘(iii) except as permitted by an order issued under
subsection (b) or, in the case of a minor change in
the drug, in conformity with an order issued under
subsection (c), in a dosage form that, immediately prior
to the date of the enactment of this section, has been
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used to a material extent and for a material time
under section 201(p)(2).
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134 STAT. 436 PUBLIC LAW 116–136—MAR. 27, 2020
‘‘(2) TREATMENT OF SUNSCREEN DRUGS.—With respect to
sunscreen drugs subject to this section, the applicable require-
ments in terms of conformity with a final monograph, for pur-
poses of paragraph (1)(A)(i), shall be the requirements specified
in part 352 of title 21, Code of Federal Regulations, as published
on May 21, 1999, beginning on page 27687 of volume 64 of
the Federal Register, except that the applicable requirements
governing effectiveness and labeling shall be those specified
in section 201.327 of title 21, Code of Federal Regulations.
‘‘(3) CATEGORY III DRUGS SUBJECT TO A TENTATIVE FINAL
MONOGRAPH; CATEGORY I DRUGS SUBJECT TO PROPOSED MONO-
GRAPH OR ADVANCE NOTICE OF PROPOSED RULEMAKING.—A drug
that is not described in paragraph (1), (2), or (4) is not required
to be the subject of an application approved under section
505, and is not subject to section 503(b)(1), if—
‘‘(A) the drug is—
‘‘(i) classified in category III for safety or effective-
ness in the preamble of a proposed rule establishing
a tentative final monograph that is the most recently
applicable proposal or determination for such drug
issued under part 330 of title 21, Code of Federal
Regulations;
‘‘(ii) in conformity with—
‘‘(I) the conditions of use, including indication
and dosage strength, if any, described for such
category III drug in such preamble or in an
applicable subsequent proposed rule;
‘‘(II) the proposed requirements for drugs
classified in such tentative final monograph in cat-
egory I in the most recently proposed rule estab-
lishing requirements related to such tentative final
monograph and in any final rule establishing
requirements that are applicable to the drug; and
‘‘(III) the general requirements for non-
prescription drugs and conditions or requirements
under subsection (b) or (k); and
‘‘(iii) in a dosage form that, immediately prior to
the date of the enactment of this section, had been
used to a material extent and for a material time
under section 201(p)(2); or
‘‘(B) the drug is—
‘‘(i) classified in category I for safety and effective-
ness under a proposed monograph or advance notice
of proposed rulemaking that is the most recently
applicable proposal or determination for such drug
issued under part 330 of title 21, Code of Federal
Regulations;
‘‘(ii) in conformity with the requirements for non-
prescription use of such proposed monograph or
advance notice of proposed rulemaking, any applicable
subsequent determination by the Secretary, the general
requirements for nonprescription drugs, and conditions
or requirements under subsection (b) or (k); and
‘‘(iii) in a dosage form that, immediately prior to
the date of the enactment of this section, has been
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used to a material extent and for a material time
under section 201(p)(2).
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 437
‘‘(4) CATEGORY II DRUGS DEEMED NEW DRUGS.—A drug that Effective date.
is classified in category II for safety or effectiveness under Determination.
a tentative final monograph or that is subject to a determination
to be not generally recognized as safe and effective in a proposed
rule that is the most recently applicable proposal issued under
part 330 of title 21, Code of Federal Regulations, shall be
deemed to be a new drug under section 201(p), misbranded
under section 502(ee), and subject to the requirement for an
approved new drug application under section 505 beginning
on the day that is 180 calendar days after the date of the
enactment of this section, unless, before such day, the Secretary
determines that it is in the interest of public health to extend
the period during which the drug may be marketed without
such an approved new drug application.
‘‘(5) DRUGS NOT GRASE DEEMED NEW DRUGS.—A drug that
the Secretary has determined not to be generally recognized
as safe and effective under section 201(p)(1) under a final
determination issued under part 330 of title 21, Code of Federal
Regulations, shall be deemed to be a new drug under section
201(p), misbranded under section 502(ee), and subject to the
requirement for an approved new drug application under sec-
tion 505.
‘‘(6) OTHER DRUGS DEEMED NEW DRUGS.—Except as pro-
vided in subsection (m), a drug is deemed to be a new drug
under section 201(p) and misbranded under section 502(ee)
if the drug—
‘‘(A) is not subject to section 503(b)(1); and
‘‘(B) is not described in paragraph (1), (2), (3), (4),
or (5), or subsection (b)(1)(B).
‘‘(b) ADMINISTRATIVE ORDERS.—
‘‘(1) IN GENERAL.—
‘‘(A) DETERMINATION.—The Secretary may, on the ini-
tiative of the Secretary or at the request of one or more
requestors, issue an administrative order determining
whether there are conditions under which a specific drug,
a class of drugs, or a combination of drugs, is determined
to be—
‘‘(i) not subject to section 503(b)(1); and
‘‘(ii) generally recognized as safe and effective
under section 201(p)(1).
‘‘(B) EFFECT.—A drug or combination of drugs shall
be deemed to not require approval under section 505 if
such drug or combination of drugs—
‘‘(i) is determined by the Secretary to meet the
conditions specified in clauses (i) and (ii) of subpara-
graph (A);
‘‘(ii) is marketed in conformity with an administra-
tive order under this subsection;
‘‘(iii) meets the general requirements for non-
prescription drugs; and
‘‘(iv) meets the requirements under subsections (c)
and (k).
‘‘(C) STANDARD.—The Secretary shall find that a drug
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is not generally recognized as safe and effective under
section 201(p)(1) if—
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134 STAT. 438 PUBLIC LAW 116–136—MAR. 27, 2020
‘‘(i) the evidence shows that the drug is not gen-
erally recognized as safe and effective under section
201(p)(1); or
‘‘(ii) the evidence is inadequate to show that the
drug is generally recognized as safe and effective under
section 201(p)(1).
‘‘(2) ADMINISTRATIVE ORDERS INITIATED BY THE SEC-
RETARY.—
‘‘(A) IN GENERAL.—In issuing an administrative order
under paragraph (1) upon the Secretary’s initiative, the
Secretary shall—
Notification. ‘‘(i) make reasonable efforts to notify informally,
Deadline. not later than 2 business days before the issuance
of the proposed order, the sponsors of drugs who have
a listing in effect under section 510(j) for the drugs
or combination of drugs that will be subject to the
administrative order;
‘‘(ii) after any such reasonable efforts of notifica-
tion—
Web posting. ‘‘(I) issue a proposed administrative order by
publishing it on the website of the Food and Drug
Administration and include in such order the rea-
sons for the issuance of such order; and
Notice. ‘‘(II) publish a notice of availability of such
Federal Register, proposed order in the Federal Register;
publication.
Public comment. ‘‘(iii) except as provided in subparagraph (B), pro-
Time period. vide for a public comment period with respect to such
proposed order of not less than 45 calendar days; and
Determination. ‘‘(iv) if, after completion of the proceedings speci-
fied in clauses (i) through (iii), the Secretary deter-
mines that it is appropriate to issue a final administra-
tive order—
‘‘(I) issue the final administrative order,
together with a detailed statement of reasons,
which order shall not take effect until the time
for requesting judicial review under paragraph
(3)(D)(ii) has expired;
Notice. ‘‘(II) publish a notice of such final administra-
Federal Register, tive order in the Federal Register;
publication.
Deadlines. ‘‘(III) afford requestors of drugs that will be
subject to such order the opportunity for formal
dispute resolution up to the level of the Director
of the Center for Drug Evaluation and Research,
which initially must be requested within 45 cal-
endar days of the issuance of the order, and, for
subsequent levels of appeal, within 30 calendar
days of the prior decision; and
‘‘(IV) except with respect to drugs described
in paragraph (3)(B), upon completion of the formal
dispute resolution procedure, inform the persons
which sought such dispute resolution of their right
to request a hearing.
‘‘(B) EXCEPTIONS.—When issuing an administrative
order under paragraph (1) on the Secretary’s initiative
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proposing to determine that a drug described in subsection
(a)(3) is not generally recognized as safe and effective under
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 439
section 201(p)(1), the Secretary shall follow the procedures
in subparagraph (A), except that—
‘‘(i) the proposed order shall include notice of— Notice.
‘‘(I) the general categories of data the Sec-
retary has determined necessary to establish that
the drug is generally recognized as safe and effec-
tive under section 201(p)(1); and
‘‘(II) the format for submissions by interested
persons;
‘‘(ii) the Secretary shall provide for a public com- Public comment.
ment period of no less than 180 calendar days with Time period.
respect to such proposed order, except when the Sec-
retary determines, for good cause, that a shorter period
is in the interest of public health; and
‘‘(iii) any person who submits data in such com- Certification.
ment period shall include a certification that the person
has submitted all evidence created, obtained, or
received by that person that is both within the cat-
egories of data identified in the proposed order and
relevant to a determination as to whether the drug
is generally recognized as safe and effective under
section 201(p)(1).
‘‘(3) HEARINGS; JUDICIAL REVIEW.—
‘‘(A) IN GENERAL.—Only a person who participated in
each stage of formal dispute resolution under subclause
(III) of paragraph (2)(A)(iv) of an administrative order with
respect to a drug may request a hearing concerning a
final administrative order issued under such paragraph
with respect to such drug. If a hearing is sought, such Deadline.
person must submit a request for a hearing, which shall
be based solely on information in the administrative record,
to the Secretary not later than 30 calendar days after
receiving notice of the final decision of the formal dispute
resolution procedure.
‘‘(B) NO HEARING REQUIRED WITH RESPECT TO ORDERS
RELATING TO CERTAIN DRUGS.—
‘‘(i) IN GENERAL.—The Secretary shall not be
required to provide notice and an opportunity for a
hearing pursuant to paragraph (2)(A)(iv) if the final
administrative order involved relates to a drug—
‘‘(I) that is described in subsection (a)(3)(A);
and
‘‘(II) with respect to which no human or non-
human data studies relevant to the safety or
effectiveness of such drug have been submitted
to the administrative record since the issuance
of the most recent tentative final monograph
relating to such drug.
‘‘(ii) HUMAN DATA STUDIES AND NON-HUMAN DATA
DEFINED.—In this subparagraph:
‘‘(I) The term ‘human data studies’ means clin-
ical trials of safety or effectiveness (including
actual use studies), pharmacokinetics studies, or
bioavailability studies.
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‘‘(II) The term ‘non-human data’ means data
from testing other than with human subjects which
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134 STAT. 440 PUBLIC LAW 116–136—MAR. 27, 2020
provides information concerning safety or effective-
ness.
‘‘(C) HEARING PROCEDURES.—
Determination. ‘‘(i) DENIAL OF REQUEST FOR HEARING.—If the Sec-
retary determines that information submitted in a
request for a hearing under subparagraph (A) with
respect to a final administrative order issued under
paragraph (2)(A)(iv) does not identify the existence
of a genuine and substantial question of material fact,
the Secretary may deny such request. In making such
a determination, the Secretary may consider only
information and data that are based on relevant and
reliable scientific principles and methodologies.
‘‘(ii) SINGLE HEARING FOR MULTIPLE RELATED
REQUESTS.—If more than one request for a hearing
is submitted with respect to the same administrative
order under subparagraph (A), the Secretary may
direct that a single hearing be conducted in which
all persons whose hearing requests were granted may
participate.
‘‘(iii) PRESIDING OFFICER.—The presiding officer of
a hearing requested under subparagraph (A) shall—
Designation. ‘‘(I) be designated by the Secretary;
‘‘(II) not be an employee of the Center for
Drug Evaluation and Research; and
‘‘(III) not have been previously involved in the
development of the administrative order involved
or proceedings relating to that administrative
order.
‘‘(iv) RIGHTS OF PARTIES TO HEARING.—The parties
to a hearing requested under subparagraph (A) shall
have the right to present testimony, including testi-
mony of expert witnesses, and to cross-examine wit-
nesses presented by other parties. Where appropriate,
the presiding officer may require that cross-examina-
tion by parties representing substantially the same
interests be consolidated to promote efficiency and
avoid duplication.
‘‘(v) FINAL DECISION.—
‘‘(I) At the conclusion of a hearing requested
under subparagraph (A), the presiding officer of
the hearing shall issue a decision containing
findings of fact and conclusions of law. The decision
of the presiding officer shall be final.
‘‘(II) The final decision may not take effect
until the period under subparagraph (D)(ii) for
submitting a request for judicial review of such
decision expires.
‘‘(D) JUDICIAL REVIEW OF FINAL ADMINISTRATIVE
ORDER.—
Applicability. ‘‘(i) IN GENERAL.—The procedures described in sec-
tion 505(h) shall apply with respect to judicial review
of final administrative orders issued under this sub-
section in the same manner and to the same extent
as such section applies to an order described in such
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section except that the judicial review shall be taken
by filing in an appropriate district court of the United
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 441
States in lieu of the appellate courts specified in such
section.
‘‘(ii) PERIOD TO SUBMIT A REQUEST FOR JUDICIAL
REVIEW.—A person eligible to request a hearing under Deadline.
this paragraph and seeking judicial review of a final
administrative order issued under this subsection shall
file such request for judicial review not later than
60 calendar days after the latest of—
‘‘(I) the date on which notice of such order
is published;
‘‘(II) the date on which a hearing with respect
to such order is denied under subparagraph (B)
or (C)(i);
‘‘(III) the date on which a final decision is
made following a hearing under subparagraph
(C)(v); or
‘‘(IV) if no hearing is requested, the date on
which the time for requesting a hearing expires.
‘‘(4) EXPEDITED PROCEDURE WITH RESPECT TO ADMINISTRA-
TIVE ORDERS INITIATED BY THE SECRETARY.—
‘‘(A) IMMINENT HAZARD TO THE PUBLIC HEALTH.—
‘‘(i) IN GENERAL.—In the case of a determination Determination.
by the Secretary that a drug, class of drugs, or com- Notification.
bination of drugs subject to this section poses an Deadline.
imminent hazard to the public health, the Secretary,
after first making reasonable efforts to notify, not later
than 48 hours before issuance of such order under
this subparagraph, sponsors who have a listing in effect
under section 510(j) for such drug or combination of
drugs—
‘‘(I) may issue an interim final administrative
order for such drug, class of drugs, or combination
of drugs under paragraph (1), together with a
detailed statement of the reasons for such order;
‘‘(II) shall publish in the Federal Register a Federal Register,
notice of availability of any such order; and publication.
‘‘(III) shall provide for a public comment period Notice.
Public comment.
of at least 45 calendar days with respect to such Time period.
interim final order.
‘‘(ii) NONDELEGATION.—The Secretary may not
delegate the authority to issue an interim final
administrative order under this subparagraph.
‘‘(B) SAFETY LABELING CHANGES.—
‘‘(i) IN GENERAL.—In the case of a determination Determination.
by the Secretary that a change in the labeling of a
drug, class of drugs, or combination of drugs subject
to this section is reasonably expected to mitigate a
significant or unreasonable risk of a serious adverse
event associated with use of the drug, the Secretary
may—
‘‘(I) make reasonable efforts to notify infor- Notification.
mally, not later than 48 hours before the issuance Deadline.
of the interim final order, the sponsors of drugs
who have a listing in effect under section 510(j)
for such drug or combination of drugs;
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‘‘(II) after reasonable efforts of notification,
issue an interim final administrative order in
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134 STAT. 442 PUBLIC LAW 116–136—MAR. 27, 2020
accordance with paragraph (1) to require such
change, together with a detailed statement of the
reasons for such order;
Federal Register, ‘‘(III) publish in the Federal Register a notice
publication. of availability of such order; and
Notice.
Public comment. ‘‘(IV) provide for a public comment period of
Time period. at least 45 calendar days with respect to such
interim final order.
‘‘(ii) CONTENT OF ORDER.—An interim final order
issued under this subparagraph with respect to the
labeling of a drug may provide for new warnings and
other information required for safe use of the drug.
‘‘(C) EFFECTIVE DATE.—An order under subparagraph
(A) or (B) shall take effect on a date specified by the
Secretary.
‘‘(D) FINAL ORDER.—After the completion of the pro-
ceedings in subparagraph (A) or (B), the Secretary shall—
‘‘(i) issue a final order in accordance with para-
graph (1);
Notice. ‘‘(ii) publish a notice of availability of such final
Federal Register, administrative order in the Federal Register; and
publication. ‘‘(iii) afford sponsors of such drugs that will be
Deadlines.
Appeals. subject to such an order the opportunity for formal
dispute resolution up to the level of the Director of
the Center for Drug Evaluation and Research, which
must initially be within 45 calendar days of the
issuance of the order, and for subsequent levels of
appeal, within 30 calendar days of the prior decision.
‘‘(E) HEARINGS.—A sponsor of a drug subject to a final
order issued under subparagraph (D) and that participated
in each stage of formal dispute resolution under clause
(iii) of such subparagraph may request a hearing on such
Applicability. order. The provisions of subparagraphs (A), (B), and (C)
of paragraph (3), other than paragraph (3)(C)(v)(II), shall
apply with respect to a hearing on such order in the same
manner and to the same extent as such provisions apply
with respect to a hearing on an administrative order issued
under paragraph (2)(A)(iv).
‘‘(F) TIMING.—
Deadlines. ‘‘(i) FINAL ORDER AND HEARING.—The Secretary
shall—
‘‘(I) not later than 6 months after the date
on which the comment period closes under
subparagraph (A) or (B), issue a final order in
accordance with paragraph (1); and
‘‘(II) not later than 12 months after the date
on which such final order is issued, complete any
hearing under subparagraph (E).
‘‘(ii) DISPUTE RESOLUTION REQUEST.—The Sec-
retary shall specify in an interim final order issued
under subparagraph (A) or (B) such shorter periods
for requesting dispute resolution under subparagraph
(D)(iii) as are necessary to meet the requirements of
this subparagraph.
‘‘(G) JUDICIAL REVIEW.—A final order issued pursuant
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to subparagraph (F) shall be subject to judicial review
in accordance with paragraph (3)(D).
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 443
‘‘(5) ADMINISTRATIVE ORDER INITIATED AT THE REQUEST OF
A REQUESTOR.—
‘‘(A) IN GENERAL.—In issuing an administrative order Determinations.
under paragraph (1) at the request of a requestor with
respect to certain drugs, classes of drugs, or combinations
of drugs—
‘‘(i) the Secretary shall, after receiving a request
under this subparagraph, determine whether the
request is sufficiently complete and formatted to permit
a substantive review;
‘‘(ii) if the Secretary determines that the request
is sufficiently complete and formatted to permit a sub-
stantive review, the Secretary shall—
‘‘(I) file the request; and
‘‘(II) initiate proceedings with respect to
issuing an administrative order in accordance with
paragraphs (2) and (3); and
‘‘(iii) except as provided in paragraph (6), if the
Secretary determines that a request does not meet
the requirements for filing or is not sufficiently com-
plete and formatted to permit a substantive review,
the requestor may demand that the request be filed
over protest, and the Secretary shall initiate pro-
ceedings to review the request in accordance with para-
graph (2)(A).
‘‘(B) REQUEST TO INITIATE PROCEEDINGS.— Determinations.
‘‘(i) IN GENERAL.—A requestor seeking an adminis-
trative order under paragraph (1) with respect to cer-
tain drugs, classes of drugs, or combinations of drugs,
shall submit to the Secretary a request to initiate
proceedings for such order in the form and manner
as specified by the Secretary. Such requestor may
submit a request under this subparagraph for the
issuance of an administrative order—
‘‘(I) determining whether a drug is generally
recognized as safe and effective under section
201(p)(1), exempt from section 503(b)(1), and not
required to be the subject of an approved applica-
tion under section 505; or
‘‘(II) determining whether a change to a condi-
tion of use of a drug is generally recognized as
safe and effective under section 201(p)(1), exempt
from section 503(b)(1), and not required to be the
subject of an approved application under section
505, if, absent such a changed condition of use,
such drug is—
‘‘(aa) generally recognized as safe and
effective under section 201(p)(1) in accordance
with subsection (a)(1), (a)(2), or an order under
this subsection; or
‘‘(bb) subject to subsection (a)(3), but only
if such requestor initiates such request in
conjunction with a request for the Secretary
to determine whether such drug is generally
recognized as safe and effective under section
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201(p)(1), which is filed by the Secretary under
subparagraph (A)(ii).
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134 STAT. 444 PUBLIC LAW 116–136—MAR. 27, 2020
‘‘(ii) EXCEPTION.—The Secretary is not required
to complete review of a request for a change described
in clause (i)(II) if the Secretary determines that there
is an inadequate basis to find the drug is generally
recognized as safe and effective under section 201(p)(1)
under paragraph (1) and issues a final order
announcing that determination.
‘‘(iii) WITHDRAWAL.—The requestor may withdraw
a request under this paragraph, according to the proce-
dures set forth pursuant to subsection (d)(2)(B). Not-
withstanding any other provision of this section, if
such request is withdrawn, the Secretary may cease
proceedings under this subparagraph.
‘‘(C) EXCLUSIVITY.—
Time period. ‘‘(i) IN GENERAL.—A final administrative order
issued in response to a request under this section
shall have the effect of authorizing solely the order
requestor (or the licensees, assignees, or successors
in interest of such requestor with respect to the subject
of such order), for a period of 18 months following
the effective date of such final order and beginning
on the date the requestor may lawfully market such
drugs pursuant to the order, to market drugs—
‘‘(I) incorporating changes described in clause
(ii); and
‘‘(II) subject to the limitations under clause
(iv).
‘‘(ii) CHANGES DESCRIBED.—A change described in
this clause is a change subject to an order specified
in clause (i), which—
‘‘(I) provides for a drug to contain an active
ingredient (including any ester or salt of the active
ingredient) not previously incorporated in a drug
described in clause (iii); or
‘‘(II) provides for a change in the conditions
of use of a drug, for which new human data studies
conducted or sponsored by the requestor (or for
which the requestor has an exclusive right of ref-
erence) were essential to the issuance of such
order.
‘‘(iii) DRUGS DESCRIBED.—The drugs described in
this clause are drugs—
‘‘(I) specified in subsection (a)(1), (a)(2), or
(a)(3);
‘‘(II) subject to a final order issued under this
section;
‘‘(III) subject to a final sunscreen order (as
defined in section 586(2)(A)); or
‘‘(IV) described in subsection (m)(1), other than
drugs subject to an active enforcement action
under chapter III of this Act.
‘‘(iv) LIMITATIONS ON EXCLUSIVITY.—
Time period. ‘‘(I) IN GENERAL.—Only one 18-month period
under this subparagraph shall be granted, under
each order described in clause (i), with respect
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to changes (to the drug subject to such order)
which are either—
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 445
‘‘(aa) changes described in clause (ii)(I),
relating to active ingredients; or
‘‘(bb) changes described in clause (ii)(II),
relating to conditions of use.
‘‘(II) NO EXCLUSIVITY ALLOWED.—No exclu-
sivity shall apply to changes to a drug which are—
‘‘(aa) the subject of a Tier 2 OTC mono-
graph order request (as defined in section
744L);
‘‘(bb) safety-related changes, as defined by
the Secretary, or any other changes the Sec-
retary considers necessary to assure safe use;
or
‘‘(cc) changes related to methods of testing
safety or efficacy.
‘‘(v) NEW HUMAN DATA STUDIES DEFINED.—In this
subparagraph, the term ‘new human data studies’
means clinical trials of safety or effectiveness
(including actual use studies), pharmacokinetics
studies, or bioavailability studies, the results of
which—
‘‘(I) have not been relied on by the Secretary
to support—
‘‘(aa) a proposed or final determination
that a drug described in subclause (I), (II),
or (III) of clause (iii) is generally recognized
as safe and effective under section 201(p)(1);
or
‘‘(bb) approval of a drug that was approved
under section 505; and
‘‘(II) do not duplicate the results of another
study that was relied on by the Secretary to sup-
port—
‘‘(aa) a proposed or final determination
that a drug described in subclause (I), (II),
or (III) of clause (iii) is generally recognized
as safe and effective under section 201(p)(1);
or
‘‘(bb) approval of a drug that was approved
under section 505.
‘‘(vi) NOTIFICATION OF DRUG NOT AVAILABLE FOR
SALE.—A requestor that is granted exclusivity with Deadline.
respect to a drug under this subparagraph shall notify Time period.
the Secretary in writing within 1 year of the issuance
of the final administrative order if the drug that is
the subject of such order will not be available for
sale within 1 year of the date of issuance of such
order. The requestor shall include with such notice
the—
‘‘(I) identity of the drug by established name
and by proprietary name, if any;
‘‘(II) strength of the drug;
‘‘(III) date on which the drug will be available
for sale, if known; and
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‘‘(IV) reason for not marketing the drug after
issuance of the order.
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134 STAT. 446 PUBLIC LAW 116–136—MAR. 27, 2020
‘‘(6) INFORMATION REGARDING SAFE NONPRESCRIPTION MAR-
KETING AND USE AS CONDITION FOR FILING A GENERALLY RECOG-
NIZED AS SAFE AND EFFECTIVE REQUEST.—
‘‘(A) IN GENERAL.—In response to a request under this
section that a drug described in subparagraph (B) be gen-
erally recognized as safe and effective, the Secretary—
‘‘(i) may file such request, if the request includes
information specified under subparagraph (C) with
respect to safe nonprescription marketing and use of
such drug; or
‘‘(ii) if the request fails to include information
specified under subparagraph (C), shall refuse to file
such request and require that nonprescription mar-
keting of the drug be pursuant to a new drug applica-
tion as described in subparagraph (D).
‘‘(B) DRUG DESCRIBED.—A drug described in this
subparagraph is a nonprescription drug which contains
an active ingredient not previously incorporated in a drug—
‘‘(i) specified in subsection (a)(1), (a)(2), or (a)(3);
‘‘(ii) subject to a final order under this section;
or
‘‘(iii) subject to a final sunscreen order (as defined
in section 586(2)(A)).
‘‘(C) INFORMATION DEMONSTRATING PRIMA FACIE SAFE
NONPRESCRIPTION MARKETING AND USE.—Information speci-
fied in this subparagraph, with respect to a request
described in subparagraph (A)(i), is—
‘‘(i) information sufficient for a prima facie dem-
onstration that the drug subject to such request has
a verifiable history of being marketed and safely used
by consumers in the United States as a nonprescription
drug under comparable conditions of use;
‘‘(ii) if the drug has not been previously marketed
in the United States as a nonprescription drug,
information sufficient for a prima facie demonstration
that the drug was marketed and safely used under
comparable conditions of marketing and use in a
country listed in section 802(b)(1)(A) or designated by
the Secretary in accordance with section 802(b)(1)(B)—
‘‘(I) for such period as needed to provide
reasonable assurances concerning the safe non-
prescription use of the drug; and
‘‘(II) during such time was subject to sufficient
monitoring by a regulatory body considered accept-
able by the Secretary for such monitoring purposes,
including for adverse events associated with non-
prescription use of the drug; or
Determination. ‘‘(iii) if the Secretary determines that information
described in clause (i) or (ii) is not needed to provide
a prima facie demonstration that the drug can be safely
marketed and used as a nonprescription drug, such
other information the Secretary determines is sufficient
for such purposes.
Determinations. ‘‘(D) MARKETING PURSUANT TO NEW DRUG APPLICA-
TION.—In the case of a request described in subparagraph
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(A)(ii), the drug subject to such request may be resubmitted
for filing only if—
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 447
‘‘(i) the drug is marketed as a nonprescription drug,
under conditions of use comparable to the conditions
specified in the request, for such period as the Sec-
retary determines appropriate (not to exceed 5 consecu-
tive years) pursuant to an application approved under
section 505; and
‘‘(ii) during such period, 1,000,000 retail packages
of the drug, or an equivalent quantity as determined
by the Secretary, were distributed for retail sale, as
determined in such manner as the Secretary finds
appropriate.
‘‘(E) RULE OF APPLICATION.—Except in the case of a
request involving a drug described in section 586(9), as
in effect on January 1, 2017, if the Secretary refuses to
file a request under this paragraph, the requestor may
not file such request over protest under paragraph
(5)(A)(iii).
‘‘(7) PACKAGING.—An administrative order issued under
paragraph (2), (4)(A), or (5) may include requirements for the
packaging of a drug to encourage use in accordance with
labeling. Such requirements may include unit dose packaging,
requirements for products intended for use by pediatric popu-
lations, requirements to reduce risk of harm from unsupervised
ingestion, and other appropriate requirements. This paragraph
does not authorize the Food and Drug Administration to require
standards or testing procedures as described in part 1700 of
title 16, Code of Federal Regulations.
‘‘(8) FINAL AND TENTATIVE FINAL MONOGRAPHS FOR CAT-
EGORY I DRUGS DEEMED FINAL ADMINISTRATIVE ORDERS.—
‘‘(A) IN GENERAL.—A final monograph or tentative final
monograph described in subparagraph (B) shall be deemed
to be a final administrative order under this subsection
and may be amended, revoked, or otherwise modified in
accordance with the procedures of this subsection.
‘‘(B) MONOGRAPHS DESCRIBED.—For purposes of
subparagraph (A), a final monograph or tentative final
monograph is described in this subparagraph if it—
‘‘(i) establishes conditions of use for a drug
described in paragraph (1) or (2) of subsection (a);
and
‘‘(ii) represents the most recently promulgated
version of such conditions, including as modified, in
whole or in part, by any proposed or final rule.
‘‘(C) DEEMED ORDERS INCLUDE HARMONIZING TECHNICAL
AMENDMENTS.—The deemed establishment of a final Determination.
administrative order under subparagraph (A) shall be con-
strued to include any technical amendments to such order
as the Secretary determines necessary to ensure that such
order is appropriately harmonized, in terms of terminology
or cross-references, with the applicable provisions of this
Act (and regulations thereunder) and any other orders
issued under this section.
‘‘(c) PROCEDURE FOR MINOR CHANGES.—
‘‘(1) IN GENERAL.—Minor changes in the dosage form of
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a drug that is described in paragraph (1) or (2) of subsection
(a) or the subject of an order issued under subsection (b) may
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134 STAT. 448 PUBLIC LAW 116–136—MAR. 27, 2020
be made by a requestor without the issuance of an order under
subsection (b) if—
‘‘(A) the requestor maintains such information as is
necessary to demonstrate that the change—
‘‘(i) will not affect the safety or effectiveness of
the drug; and
‘‘(ii) will not materially affect the extent of absorp-
tion or other exposure to the active ingredient in
comparison to a suitable reference product; and
‘‘(B) the change is in conformity with the requirements
of an applicable administrative order issued by the Sec-
retary under paragraph (3).
‘‘(2) ADDITIONAL INFORMATION.—
Deadline. ‘‘(A) ACCESS TO RECORDS.—A sponsor shall submit
records requested by the Secretary relating to such a minor
change under section 704(a)(4), within 15 business days
of receiving such a request, or such longer period as the
Secretary may provide.
Determination. ‘‘(B) INSUFFICIENT INFORMATION.—If the Secretary
determines that the information contained in such records
is not sufficient to demonstrate that the change does not
affect the safety or effectiveness of the drug or materially
affect the extent of absorption or other exposure to the
active ingredient, the Secretary—
‘‘(i) may so inform the sponsor of the drug in
writing; and
‘‘(ii) if the Secretary so informs the sponsor, shall
provide the sponsor of the drug with a reasonable
opportunity to provide additional information.
‘‘(C) FAILURE TO SUBMIT SUFFICIENT INFORMATION.—
Determination. If the sponsor fails to provide such additional information
within a time prescribed by the Secretary, or if the Sec-
retary determines that such additional information does
not demonstrate that the change does not—
‘‘(i) affect the safety or effectiveness of the drug;
or
‘‘(ii) materially affect the extent of absorption or
other exposure to the active ingredient in comparison
to a suitable reference product,
the drug as modified is a new drug under section 201(p)
and shall be deemed to be misbranded under section
502(ee).
‘‘(3) DETERMINING WHETHER A CHANGE WILL AFFECT SAFETY
OR EFFECTIVENESS.—
Requirements. ‘‘(A) IN GENERAL.—The Secretary shall issue one or
Guidance. more administrative orders specifying requirements for
determining whether a minor change made by a sponsor
pursuant to this subsection will affect the safety or
effectiveness of a drug or materially affect the extent of
absorption or other exposure to an active ingredient in
the drug in comparison to a suitable reference product,
together with guidance for applying those orders to specific
dosage forms.
‘‘(B) STANDARD PRACTICES.—The orders and guidance
issued by the Secretary under subparagraph (A) shall take
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into account relevant public standards and standard prac-
tices for evaluating the quality of drugs, and may take
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 449
into account the special needs of populations, including
children.
‘‘(d) CONFIDENTIALITY OF INFORMATION SUBMITTED TO THE SEC-
RETARY.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), any informa-
tion, including reports of testing conducted on the drug or
drugs involved, that is submitted by a requestor in connection
with proceedings on an order under this section (including
any minor change under subsection (c)) and is a trade secret
or confidential information subject to section 552(b)(4) of title
5, United States Code, or section 1905 of title 18, United
States Code, shall not be disclosed to the public unless the
requestor consents to that disclosure.
‘‘(2) PUBLIC AVAILABILITY.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph Deadlines.
(B), the Secretary shall—
‘‘(i) make any information submitted by a requestor
in support of a request under subsection (b)(5)(A) avail-
able to the public not later than the date on which
the proposed order is issued; and
‘‘(ii) make any information submitted by any other
person with respect to an order requested (or initiated
by the Secretary) under subsection (b), available to
the public upon such submission.
‘‘(B) LIMITATIONS ON PUBLIC AVAILABILITY.—Informa-
tion described in subparagraph (A) shall not be made public
if—
‘‘(i) the information pertains to pharmaceutical
quality information, unless such information is nec-
essary to establish standards under which a drug is
generally recognized as safe and effective under section
201(p)(1);
‘‘(ii) the information is submitted in a requestor- Procedures.
initiated request, but the requestor withdraws such
request, in accordance with withdrawal procedures
established by the Secretary, before the Secretary
issues the proposed order;
‘‘(iii) the Secretary requests and obtains the
information under subsection (c) and such information
is not submitted in relation to an order under sub-
section (b); or
‘‘(iv) the information is of the type contained in
raw datasets.
‘‘(e) UPDATES TO DRUG LISTING INFORMATION.—A sponsor who Deadlines.
makes a change to a drug subject to this section shall submit
updated drug listing information for the drug in accordance with
section 510(j) within 30 calendar days of the date when the drug
is first commercially marketed, except that a sponsor who was
the order requestor with respect to an order subject to subsection
(b)(5)(C) (or a licensee, assignee, or successor in interest of such
requestor) shall submit updated drug listing information on or
before the date when the drug is first commercially marketed.
‘‘(f) APPROVALS UNDER SECTION 505.—The provisions of this
section shall not be construed to preclude a person from seeking
or maintaining the approval of an application for a drug under
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sections 505(b)(1), 505(b)(2), and 505(j). A determination under this Determination.
section that a drug is not subject to section 503(b)(1), is generally
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134 STAT. 450 PUBLIC LAW 116–136—MAR. 27, 2020
recognized as safe and effective under section 201(p)(1), and is
not a new drug under section 201(p) shall constitute a finding
that the drug is safe and effective that may be relied upon for
purposes of an application under section 505(b)(2), so that the
applicant shall be required to submit for purposes of such applica-
tion only information needed to support any modification of the
drug that is not covered by such determination under this section.
Time period. ‘‘(g) PUBLIC AVAILABILITY OF ADMINISTRATIVE ORDERS.—The
Determination. Secretary shall establish, maintain, update (as determined nec-
essary by the Secretary but no less frequently than annually),
and make publicly available, with respect to orders issued under
this section—
‘‘(1) a repository of each final order and interim final order
in effect, including the complete text of the order; and
Lists. ‘‘(2) a listing of all orders proposed and under development
under subsection (b)(2), including—
‘‘(A) a brief description of each such order; and
Time period. ‘‘(B) the Secretary’s expectations, if resources permit,
for issuance of proposed orders over a 3-year period.
‘‘(h) DEVELOPMENT ADVICE TO SPONSORS OR REQUESTORS.—
Procedures. The Secretary shall establish procedures under which sponsors
or requestors may meet with appropriate officials of the Food and
Drug Administration to obtain advice on the studies and other
information necessary to support submissions under this section
and other matters relevant to the regulation of nonprescription
drugs and the development of new nonprescription drugs under
this section.
‘‘(i) PARTICIPATION OF MULTIPLE SPONSORS OR REQUESTORS.—
Procedures. The Secretary shall establish procedures to facilitate efficient
participation by multiple sponsors or requestors in proceedings
under this section, including provision for joint meetings with mul-
tiple sponsors or requestors or with organizations nominated by
sponsors or requestors to represent their interests in a proceeding.
‘‘(j) ELECTRONIC FORMAT.—All submissions under this section
shall be in electronic format.
‘‘(k) EFFECT ON EXISTING REGULATIONS GOVERNING NON-
PRESCRIPTION DRUGS.—
‘‘(1) REGULATIONS OF GENERAL APPLICABILITY TO NON-
PRESCRIPTION DRUGS.—Except as provided in this subsection,
nothing in this section supersedes regulations establishing gen-
eral requirements for nonprescription drugs, including regula-
tions of general applicability contained in parts 201, 250, and
330 of title 21, Code of Federal Regulations, or any successor
regulations. The Secretary shall establish or modify such regu-
lations by means of rulemaking in accordance with section
553 of title 5, United States Code.
‘‘(2) REGULATIONS ESTABLISHING REQUIREMENTS FOR SPE-
CIFIC NONPRESCRIPTION DRUGS.—
‘‘(A) The provisions of section 310.545 of title 21, Code
of Federal Regulations, as in effect on the day before the
date of the enactment of this section, shall be deemed
to be a final order under subsection (b).
‘‘(B) Regulations in effect on the day before the date
of the enactment of this section, establishing requirements
for specific nonprescription drugs marketed pursuant to
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this section (including such requirements in parts 201 and
250 of title 21, Code of Federal Regulations), shall be
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 451
deemed to be final orders under subsection (b), only as
they apply to drugs—
‘‘(i) subject to paragraph (1), (2), (3), or (4) of
subsection (a); or
‘‘(ii) otherwise subject to an order under this sec-
tion.
‘‘(3) WITHDRAWAL OF REGULATIONS.—The Secretary shall
withdraw regulations establishing final monographs and the
procedures governing the over-the-counter drug review under
part 330 and other relevant parts of title 21, Code of Federal
Regulations (as in effect on the day before the date of the
enactment of this section), or make technical changes to such
regulations to ensure conformity with appropriate terminology
and cross references. Notwithstanding subchapter II of chapter Notice.
5 of title 5, United States Code, any such withdrawal or tech- Effective date.
Federal Register,
nical changes shall be made without public notice and comment publication.
and shall be effective upon publication through notice in the
Federal Register (or upon such date as specified in such notice).
‘‘(l) GUIDANCE.—The Secretary shall issue guidance that speci-
fies—
‘‘(1) the procedures and principles for formal meetings Procedures.
between the Secretary and sponsors or requestors for drugs
subject to this section;
‘‘(2) the format and content of data submissions to the
Secretary under this section;
‘‘(3) the format of electronic submissions to the Secretary
under this section;
‘‘(4) consolidated proceedings for appeal and the procedures Appeals.
for such proceedings where appropriate; and Procedures.
‘‘(5) for minor changes in drugs, recommendations on how Recommenda-
to comply with the requirements in orders issued under sub- tions.
section (c)(3).
‘‘(m) RULE OF CONSTRUCTION.—
‘‘(1) IN GENERAL.—This section shall not affect the treat-
ment or status of a nonprescription drug—
‘‘(A) that is marketed without an application approved
under section 505 as of the date of the enactment of this
section;
‘‘(B) that is not subject to an order issued under this
section; and
‘‘(C) to which paragraph (1), (2), (3), (4), or (5) of
subsection (a) do not apply.
‘‘(2) TREATMENT OF PRODUCTS PREVIOUSLY FOUND TO BE
SUBJECT TO TIME AND EXTENT REQUIREMENTS.—
‘‘(A) Notwithstanding subsection (a), a drug described
in subparagraph (B) may only be lawfully marketed, with-
out an application approved under section 505, pursuant
to an order issued under this section.
‘‘(B) A drug described in this subparagraph is a drug
which, prior to the date of the enactment of this section,
the Secretary determined in a proposed or final rule to
be ineligible for review under the OTC drug review (as
such phrase ‘OTC drug review’ was used in section 330.14
of title 21, Code of Federal Regulations, as in effect on
whamilton on LAP1Z6H6L3PROD with STATUTES
the day before the date of the enactment of this section).
‘‘(3) PRESERVATION OF AUTHORITY.—
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134 STAT. 452 PUBLIC LAW 116–136—MAR. 27, 2020
‘‘(A) Nothing in paragraph (1) shall be construed to
preclude or limit the applicability of any provision of this
Act other than this section.
‘‘(B) Nothing in subsection (a) shall be construed to
prohibit the Secretary from issuing an order under this
section finding a drug to be not generally recognized as
safe and effective under section 201(p)(1), as the Secretary
determines appropriate.
‘‘(n) INVESTIGATIONAL NEW DRUGS.—A drug is not subject to
this section if an exemption for investigational use under section
505(i) is in effect for such drug.
‘‘(o) INAPPLICABILITY OF PAPERWORK REDUCTION ACT.—Chapter
35 of title 44, United States Code, shall not apply to collections
of information made under this section.
‘‘(p) INAPPLICABILITY OF NOTICE AND COMMENT RULEMAKING
Applicability. AND OTHER REQUIREMENTS.—The requirements of subsection (b)
shall apply with respect to orders issued under this section instead
of the requirements of subchapter II of chapter 5 of title 5, United
States Code.
‘‘(q) DEFINITIONS.—In this section:
‘‘(1) The term ‘nonprescription drug’ refers to a drug not
subject to the requirements of section 503(b)(1).
‘‘(2) The term ‘sponsor’ refers to any person marketing,
manufacturing, or processing a drug that—
‘‘(A) is listed pursuant to section 510(j); and
‘‘(B) is or will be subject to an administrative order
under this section of the Food and Drug Administration.
‘‘(3) The term ‘requestor’ refers to any person or group
of persons marketing, manufacturing, processing, or developing
a drug.’’.
Deadline. (b) GAO STUDY.—Not later than 4 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit a study to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate addressing the
effectiveness and overall impact of exclusivity under section 505G
of the Federal Food, Drug, and Cosmetic Act, as added by subsection
(a), and section 586C of such Act (21 U.S.C. 360fff–3), including
Analyses. the impact of such exclusivity on consumer access. Such study
shall include—
(1) an analysis of the impact of exclusivity under such
section 505G for nonprescription drug products, including—
(A) the number of nonprescription drug products that
were granted exclusivity and the indication for which the
nonprescription drug products were determined to be gen-
erally recognized as safe and effective;
(B) whether the exclusivity for such drug products
was granted for—
(i) a new active ingredient (including any ester
or salt of the active ingredient); or
(ii) changes in the conditions of use of a drug,
for which new human data studies conducted or spon-
sored by the requestor were essential;
(C) whether, and to what extent, the exclusivity
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impacted the requestor’s or sponsor’s decision to develop
the drug product;
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 453
(D) an analysis of the implementation of the exclusivity
provision in such section 505G, including—
(i) the resources used by the Food and Drug
Administration;
(ii) the impact of such provision on innovation,
as well as research and development in the non-
prescription drug market;
(iii) the impact of such provision on competition
in the nonprescription drug market;
(iv) the impact of such provision on consumer
access to nonprescription drug products;
(v) the impact of such provision on the prices of
nonprescription drug products; and
(vi) whether the administrative orders initiated
by requestors under such section 505G have been suffi-
cient to encourage the development of nonprescription
drug products that would likely not be otherwise devel-
oped, or developed in as timely a manner; and
(E) whether the administrative orders initiated by re-
questors under such section 505G have been sufficient
incentive to encourage innovation in the nonprescription
drug market; and
(2) an analysis of the impact of exclusivity under such
section 586C for sunscreen ingredients, including—
(A) the number of sunscreen ingredients that were
granted exclusivity and the specific ingredient that was
determined to be generally recognized as safe and effective;
(B) whether, and to what extent, the exclusivity
impacted the requestor’s or sponsor’s decision to develop
the sunscreen ingredient;
(C) whether, and to what extent, the sunscreen ingre-
dient granted exclusivity had previously been available
outside of the United States;
(D) an analysis of the implementation of the exclusivity
provision in such section 586C, including—
(i) the resources used by the Food and Drug
Administration;
(ii) the impact of such provision on innovation,
as well as research and development in the sunscreen
market;
(iii) the impact of such provision on competition
in the sunscreen market;
(iv) the impact of such provision on consumer
access to sunscreen products;
(v) the impact of such provision on the prices of
sunscreen products; and
(vi) whether the administrative orders initiated
by requestors under such section 505G have been uti-
lized by sunscreen ingredient sponsors and whether
such process has been sufficient to encourage the
development of sunscreen ingredients that would likely
not be otherwise developed, or developed in as timely
a manner; and
(E) whether the administrative orders initiated by re-
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questors under such section 586C have been sufficient
incentive to encourage innovation in the sunscreen market.
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134 STAT. 454 PUBLIC LAW 116–136—MAR. 27, 2020
(c) CONFORMING AMENDMENT.—Section 751(d)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379r(d)(1)) is amended—
(1) in the matter preceding subparagraph (A)—
(A) by striking ‘‘final regulation promulgated’’ and
inserting ‘‘final order under section 505G’’; and
(B) by striking ‘‘and not misbranded’’; and
(2) in subparagraph (A), by striking ‘‘regulation in effect’’
and inserting ‘‘regulation or order in effect’’.
SEC. 3852. MISBRANDING.
Section 502 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 352) is amended by adding at the end the following:
‘‘(ee) If it is a nonprescription drug that is subject to section
505G, is not the subject of an application approved under section
505, and does not comply with the requirements under section
505G.
‘‘(ff) If it is a drug and it was manufactured, prepared, propa-
gated, compounded, or processed in a facility for which fees have
not been paid as required by section 744M.’’.
21 USC 355h SEC. 3853. DRUGS EXCLUDED FROM THE OVER-THE-COUNTER DRUG
note. REVIEW.
(a) IN GENERAL.—Nothing in this Act (or the amendments
made by this Act) shall apply to any nonprescription drug (as
defined in section 505G(q) of the Federal Food, Drug, and Cosmetic
Act, as added by section 3851 of this subtitle) which was excluded
by the Food and Drug Administration from the Over-the-Counter
Drug Review in accordance with the paragraph numbered 25 on
page 9466 of volume 37 of the Federal Register, published on
May 11, 1972.
(b) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to preclude or limit the applicability of any other provision
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.).
21 USC 360fff–3 SEC. 3854. TREATMENT OF SUNSCREEN INNOVATION ACT.
note.
(a) REVIEW OF NONPRESCRIPTION SUNSCREEN ACTIVE INGREDI-
ENTS.—
(1) APPLICABILITY OF SECTION 505G FOR PENDING SUBMIS-
SIONS.—
Notification. (A) IN GENERAL.—A sponsor of a nonprescription sun-
Deadline. screen active ingredient or combination of nonprescription
sunscreen active ingredients that, as of the date of enact-
ment of this Act, is subject to a proposed sunscreen order
under section 586C of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 360fff–3) may elect, by means of
giving written notification to the Secretary of Health and
Human Services within 180 calendar days of the enactment
of this Act, to transition into the review of such ingredient
or combination of ingredients pursuant to the process set
out in section 505G of the Federal Food, Drug, and Cos-
metic Act, as added by section 3851 of this subtitle.
(B) ELECTION EXERCISED.—Upon receipt by the Sec-
retary of Health and Human Services of a timely notifica-
tion under subparagraph (A)—
(i) the proposed sunscreen order involved is
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deemed to be a request for an order under subsection
(b) of section 505G of the Federal Food, Drug, and
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 455
Cosmetic Act, as added by section 3851 of this subtitle;
and
(ii) such order is deemed to have been accepted
for filing under subsection (b)(6)(A)(i) of such section
505G.
(C) ELECTION NOT EXERCISED.—If a notification under Deadline.
subparagraph (A) is not received by the Secretary of Health
and Human Services within 180 calendar days of the date
of enactment of this Act, the review of the proposed sun-
screen order described in subparagraph (A)—
(i) shall continue under section 586C of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360fff–3);
and
(ii) shall not be eligible for review under section
505G, added by section 3851 of this subtitle.
(2) DEFINITIONS.—In this subsection, the terms ‘‘sponsor’’,
‘‘nonprescription’’, ‘‘sunscreen active ingredient’’, and ‘‘proposed
sunscreen order’’ have the meanings given to those terms in
section 586 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360fff).
(b) AMENDMENTS TO SUNSCREEN PROVISIONS.—
(1) FINAL SUNSCREEN ORDERS.—Paragraph (3) of section
586C(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360fff–3(e)) is amended to read as follows:
‘‘(3) RELATIONSHIP TO ORDERS UNDER SECTION 505G.—A final
sunscreen order shall be deemed to be a final order under
section 505G.’’.
(2) MEETINGS.—Paragraph (7) of section 586C(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff–3(b))
is amended—
(A) by striking ‘‘A sponsor may request’’ and inserting
the following:
‘‘(A) IN GENERAL.—A sponsor may request’’; and
(B) by adding at the end the following:
‘‘(B) CONFIDENTIAL MEETINGS.—A sponsor may request
one or more confidential meetings with respect to a pro-
posed sunscreen order, including a letter deemed to be
a proposed sunscreen order under paragraph (3), to discuss
matters relating to data requirements to support a general
recognition of safety and effectiveness involving confidential
information and public information related to such pro-
posed sunscreen order, as appropriate. The Secretary shall
convene a confidential meeting with such sponsor in a
reasonable time period. If a sponsor requests more than Determination.
one confidential meeting for the same proposed sunscreen
order, the Secretary may refuse to grant an additional
confidential meeting request if the Secretary determines
that such additional confidential meeting is not reasonably
necessary for the sponsor to advance its proposed sunscreen
order, or if the request for a confidential meeting fails
to include sufficient information upon which to base a
substantive discussion. The Secretary shall publish a post- Publication.
meeting summary of each confidential meeting under this Summary.
subparagraph that does not disclose confidential commer-
cial information or trade secrets. This subparagraph does
whamilton on LAP1Z6H6L3PROD with STATUTES
not authorize the disclosure of confidential commercial
information or trade secrets subject to 552(b)(4) of title
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134 STAT. 456 PUBLIC LAW 116–136—MAR. 27, 2020
5, United States Code, or section 1905 of title 18, United
States Code.’’.
(3) EXCLUSIVITY.—Section 586C of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360fff–3) is amended by adding
at the end the following:
‘‘(f) EXCLUSIVITY.—
Time period. ‘‘(1) IN GENERAL.—A final sunscreen order shall have the
effect of authorizing solely the order requestor (or the licensees,
assignees, or successors in interest of such requestor with
respect to the subject of such request and listed under para-
graph (5)) for a period of 18 months, to market a sunscreen
ingredient under this section incorporating changes described
in paragraph (2) subject to the limitations under paragraph
(4), beginning on the date the requestor (or any licensees,
assignees, or successors in interest of such requestor with
respect to the subject of such request and listed under para-
graph (5)) may lawfully market such sunscreen ingredient
pursuant to the order.
‘‘(2) CHANGES DESCRIBED.—A change described in this para-
graph is a change subject to an order specified in paragraph
(1) that permits a sunscreen to contain an active sunscreen
ingredient not previously incorporated in a marketed sunscreen
listed in paragraph (3).
‘‘(3) MARKETED SUNSCREEN.—The marketed sunscreen
ingredients described in this paragraph are sunscreen ingredi-
ents—
‘‘(A) marketed in accordance with a final monograph
for sunscreen drug products set forth at part 352 of title
21, Code of Federal Regulations (as published at 64 Fed.
Reg. 27687); or
‘‘(B) marketed in accordance with a final order issued
under this section.
Time period. ‘‘(4) LIMITATIONS ON EXCLUSIVITY.—Only one 18-month
period may be granted per ingredient under paragraph (1).
‘‘(5) LISTING OF LICENSEES, ASSIGNEES, OR SUCCESSORS IN
INTEREST.—Requestors shall submit to the Secretary at the
time when a drug subject to such request is introduced or
delivered for introduction into interstate commerce, a list of
licensees, assignees, or successors in interest under paragraph
(1).’’.
(4) SUNSET PROVISION.—Subchapter I of chapter V of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff et
seq.) is amended by adding at the end the following:
21 USC 360fff–8. ‘‘SEC. 586H. SUNSET.
‘‘This subchapter shall cease to be effective at the end of fiscal
year 2022.’’.
(5) TREATMENT OF FINAL SUNSCREEN ORDER.—The Federal
Food, Drug, and Cosmetic Act is amended by striking section
586E of such Act (21 U.S.C. 360fff–5).
21 USC 355h (c) TREATMENT OF AUTHORITY REGARDING FINALIZATION OF
note. SUNSCREEN MONOGRAPH.—
(1) IN GENERAL.—
(A) REVISION OF FINAL SUNSCREEN ORDER.—The Sec-
whamilton on LAP1Z6H6L3PROD with STATUTES
retary of Health and Human Services (referred to in this
subsection as the ‘‘Secretary’’) shall amend and revise the
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 457
final administrative order concerning nonprescription sun-
screen (referred to in this subsection as the ‘‘sunscreen
order’’) for which the content, prior to the date of enactment
of this Act, was represented by the final monograph for
sunscreen drug products set forth in part 352 of title 21,
Code of Federal Regulations (as in effect on May 21, 1999).
(B) ISSUANCE OF REVISED SUNSCREEN ORDER; EFFECTIVE
DATE.—A revised sunscreen order described in subpara- Deadlines.
graph (A) shall be—
(i) issued in accordance with the procedures
described in section 505G(b)(2) of the Federal Food,
Drug, and Cosmetic Act;
(ii) issued in proposed form not later than 18
months after the date of enactment of this Act; and
(iii) issued by the Secretary at least 1 year prior
to the effective date of the revised order.
(2) REPORTS.—If a revised sunscreen order issued under Plan.
paragraph (1) does not include provisions related to the Timeline.
effectiveness of various sun protection factor levels, and does
not address all dosage forms known to the Secretary to be
used in sunscreens marketed in the United States without
a new drug application approved under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), the
Secretary shall submit a report to the Committee on Energy
and Commerce of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions of the Senate
on the rationale for omission of such provisions from such
order, and a plan and timeline to compile any information
necessary to address such provisions through such order.
(d) TREATMENT OF NON-SUNSCREEN TIME AND EXTENT APPLICA- 21 USC 360fff–6
TIONS.— note.
(1) IN GENERAL.—Any application described in section 586F
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff–
6) that was submitted to the Secretary pursuant to section
330.14 of title 21, Code of Federal Regulations, as such provi-
sions were in effect immediately prior to the date of enactment
date of this Act, shall be extinguished as of such date of
enactment, subject to paragraph (2).
(2) ORDER REQUEST.—Nothing in paragraph (1) precludes
the submission of an order request under section 505G(b) of
the Federal Food, Drug, and Cosmetic Act, as added by section
3851 of this subtitle, with respect to a drug that was the
subject of an application extinguished under paragraph (1).
SEC. 3855. ANNUAL UPDATE TO CONGRESS ON APPROPRIATE PEDI- 21 USC 355h
ATRIC INDICATION FOR CERTAIN OTC COUGH AND COLD note.
DRUGS.
(a) IN GENERAL.—Subject to subsection (c), the Secretary of Deadline.
Health and Human Services shall, beginning not later than 1 year
after the date of enactment of this Act, annually submit to the
Committee on Energy and Commerce of the House of Representa-
tives and the Committee on Health, Education, Labor, and Pensions
of the Senate a letter describing the progress of the Food and
Drug Administration—
whamilton on LAP1Z6H6L3PROD with STATUTES
(1) in evaluating the cough and cold monograph described
in subsection (b) with respect to children under age 6; and
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134 STAT. 458 PUBLIC LAW 116–136—MAR. 27, 2020
(2) as appropriate, revising such cough and cold monograph
to address such children through the order process under sec-
tion 505G(b) of the Federal Food, Drug, and Cosmetic Act,
as added by section 3851 of this subtitle.
(b) COUGH AND COLD MONOGRAPH DESCRIBED.—The cough and
cold monograph described in this subsection consists of the condi-
tions under which nonprescription drugs containing antitussive,
expectorant, nasal decongestant, or antihistamine active ingredients
(or combinations thereof) are generally recognized as safe and effec-
tive, as specified in part 341 of title 21, Code of Federal Regulations
(as in effect immediately prior to the date of enactment of this
Act), and included in an order deemed to be established under
section 505G(b) of the Federal Food, Drug, and Cosmetic Act, as
added by section 3851 of this subtitle.
(c) DURATION OF AUTHORITY.—The requirement under sub-
section (a) shall terminate as of the date of a letter submitted
by the Secretary of Health and Human Services pursuant to such
subsection in which the Secretary indicates that the Food and
Drug Administration has completed its evaluation and revised,
in a final order, as applicable, the cough and cold monograph
as described in subsection (a)(2).
SEC. 3856. TECHNICAL CORRECTIONS.
(a) IMPORTS AND EXPORTS.—Section 801(e)(4)(E)(iii) of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 381(e)(4)(E)(iii)) is
amended by striking ‘‘subparagraph’’ each place such term appears
and inserting ‘‘paragraph’’.
(b) FDA REAUTHORIZATION ACT OF 2017.—
(1) IN GENERAL.—Section 905(b)(4) of the FDA Reauthoriza-
21 USC 379j–52. tion Act of 2017 (Public Law 115–52) is amended by striking
‘‘Section 744H(e)(2)(B)’’ and inserting ‘‘Section 744H(f)(2)(B)’’.
21 USC 379j–52 (2) EFFECTIVE DATE.—The amendment made by paragraph
note. (1) shall take effect as of the enactment of the FDA Reauthoriza-
tion Act of 2017 (Public Law 115–52).
PART II—USER FEES
21 USC 379j–71 SEC. 3861. FINDING.
note.
The Congress finds that the fees authorized by the amendments
made in this part will be dedicated to OTC monograph drug activi-
ties, as set forth in the goals identified for purposes of part 10
of subchapter C of chapter VII of the Federal Food, Drug, and
Cosmetic Act, in the letters from the Secretary of Health and
Human Services to the Chairman of the Committee on Health,
Education, Labor, and Pensions of the Senate and the Chairman
of the Committee on Energy and Commerce of the House of Rep-
resentatives, as set forth in the Congressional Record.
SEC. 3862. FEES RELATING TO OVER-THE-COUNTER DRUGS.
Subchapter C of chapter VII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379f et seq.) is amended by inserting
whamilton on LAP1Z6H6L3PROD with STATUTES
after part 9 the following:
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 459
‘‘PART 10—FEES RELATING TO OVER-THE-
COUNTER DRUGS
‘‘SEC. 744L. DEFINITIONS. 21 USC 379j–71.
‘‘In this part:
‘‘(1) The term ‘affiliate’ means a business entity that has
a relationship with a second business entity if, directly or
indirectly—
‘‘(A) one business entity controls, or has the power
to control, the other business entity; or
‘‘(B) a third party controls, or has power to control,
both of the business entities.
‘‘(2) The term ‘contract manufacturing organization facility’
means an OTC monograph drug facility where neither the
owner of such manufacturing facility nor any affiliate of such
owner or facility sells the OTC monograph drug produced at
such facility directly to wholesalers, retailers, or consumers
in the United States.
‘‘(3) The term ‘costs of resources allocated for OTC mono-
graph drug activities’ means the expenses in connection with
OTC monograph drug activities for—
‘‘(A) officers and employees of the Food and Drug
Administration, contractors of the Food and Drug Adminis-
tration, advisory committees, and costs related to such
officers, employees, and committees and costs related to
contracts with such contractors;
‘‘(B) management of information, and the acquisition,
maintenance, and repair of computer resources;
‘‘(C) leasing, maintenance, renovation, and repair of
facilities and acquisition, maintenance, and repair of fix-
tures, furniture, scientific equipment, and other necessary
materials and supplies; and
‘‘(D) collecting fees under section 744M and accounting
for resources allocated for OTC monograph drug activities.
‘‘(4) The term ‘FDA establishment identifier’ is the unique
number automatically generated by Food and Drug Administra-
tion’s Field Accomplishments and Compliance Tracking System
(FACTS) (or any successor system).
‘‘(5) The term ‘OTC monograph drug’ means a nonprescrip-
tion drug without an approved new drug application which
is governed by the provisions of section 505G.
‘‘(6) The term ‘OTC monograph drug activities’ means
activities of the Secretary associated with OTC monograph
drugs and inspection of facilities associated with such products,
including the following activities:
‘‘(A) The activities necessary for review and evaluation
of OTC monographs and OTC monograph order requests,
including—
‘‘(i) orders proposing or finalizing applicable condi-
tions of use for OTC monograph drugs;
‘‘(ii) orders affecting status regarding general rec-
ognition of safety and effectiveness of an OTC mono-
graph ingredient or combination of ingredients under
specified conditions of use;
whamilton on LAP1Z6H6L3PROD with STATUTES
‘‘(iii) all OTC monograph drug development and
review activities, including intra-agency collaboration;
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134 STAT. 460 PUBLIC LAW 116–136—MAR. 27, 2020
‘‘(iv) regulation and policy development activities
related to OTC monograph drugs;
‘‘(v) development of product standards for products
subject to review and evaluation;
‘‘(vi) meetings referred to in section 505G(i);
‘‘(vii) review of labeling prior to issuance of orders
related to OTC monograph drugs or conditions of use;
and
‘‘(viii) regulatory science activities related to OTC
monograph drugs.
‘‘(B) Inspections related to OTC monograph drugs.
‘‘(C) Monitoring of clinical and other research con-
ducted in connection with OTC monograph drugs.
‘‘(D) Safety activities with respect to OTC monograph
drugs, including—
‘‘(i) collecting, developing, and reviewing safety
information on OTC monograph drugs, including
adverse event reports;
‘‘(ii) developing and using improved adverse event
data-collection systems, including information tech-
nology systems; and
‘‘(iii) developing and using improved analytical
tools to assess potential safety risks, including access
to external databases.
‘‘(E) Other activities necessary for implementation of
section 505G.
‘‘(7) The term ‘OTC monograph order request’ means a
request for an order submitted under section 505G(b)(5).
‘‘(8) The term ‘Tier 1 OTC monograph order request’ means
any OTC monograph order request not determined to be a
Tier 2 OTC monograph order request.
‘‘(9)(A) The term ‘Tier 2 OTC monograph order request’
means, subject to subparagraph (B), an OTC monograph order
request for—
‘‘(i) the reordering of existing information in the drug
facts label of an OTC monograph drug;
‘‘(ii) the addition of information to the other informa-
tion section of the drug facts label of an OTC monograph
drug, as limited by section 201.66(c)(7) of title 21, Code
of Federal Regulations (or any successor regulations);
‘‘(iii) modification to the directions for use section of
the drug facts label of an OTC monograph drug, if such
changes conform to changes made pursuant to section
505G(c)(3)(A);
‘‘(iv) the standardization of the concentration or dose
of a specific finalized ingredient within a particular final-
ized monograph;
‘‘(v) a change to ingredient nomenclature to align with
nomenclature of a standards-setting organization; or
‘‘(vi) addition of an interchangeable term in accordance
with section 330.1 of title 21, Code of Federal Regulations
(or any successor regulations).
‘‘(B) The Secretary may, based on program implementation
experience or other factors found appropriate by the Secretary,
whamilton on LAP1Z6H6L3PROD with STATUTES
characterize any OTC monograph order request as a Tier 2
OTC monograph order request (including recharacterizing a
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 461
request from Tier 1 to Tier 2) and publish such determination
in a proposed order issued pursuant to section 505G.
‘‘(10)(A) The term ‘OTC monograph drug facility’ means
a foreign or domestic business or other entity that—
‘‘(i) is—
‘‘(I) under one management, either direct or
indirect; and
‘‘(II) at one geographic location or address engaged
in manufacturing or processing the finished dosage
form of an OTC monograph drug;
‘‘(ii) includes a finished dosage form manufacturer
facility in a contractual relationship with the sponsor of
one or more OTC monograph drugs to manufacture or
process such drugs; and
‘‘(iii) does not include a business or other entity whose
only manufacturing or processing activities are one or more
of the following: production of clinical research supplies,
testing, or placement of outer packaging on packages con-
taining multiple products, for such purposes as creating
multipacks, when each monograph drug product contained
within the overpackaging is already in a final packaged
form prior to placement in the outer overpackaging.
‘‘(B) For purposes of subparagraph (A)(i)(II), separate
buildings or locations within close proximity are considered
to be at one geographic location or address if the activities
conducted in such buildings or locations are—
‘‘(i) closely related to the same business enterprise;
‘‘(ii) under the supervision of the same local manage-
ment; and
‘‘(iii) under a single FDA establishment identifier and
capable of being inspected by the Food and Drug Adminis-
tration during a single inspection.
‘‘(C) If a business or other entity would meet criteria speci-
fied in subparagraph (A), but for being under multiple manage-
ment, the business or other entity is deemed to constitute
multiple facilities, one per management entity, for purposes
of this paragraph.
‘‘(11) The term ‘OTC monograph drug meeting’ means any
meeting regarding the content of a proposed OTC monograph
order request.
‘‘(12) The term ‘person’ includes an affiliate of a person.
‘‘(13) The terms ‘requestor’ and ‘sponsor’ have the meanings
given such terms in section 505G.
‘‘SEC. 744M. AUTHORITY TO ASSESS AND USE OTC MONOGRAPH FEES. 21 USC 379j–72.
‘‘(a) TYPES OF FEES.—Beginning with fiscal year 2021, the Effective date.
Secretary shall assess and collect fees in accordance with this
section as follows:
‘‘(1) FACILITY FEE.—
‘‘(A) IN GENERAL.—Each person that owns a facility Time period.
identified as an OTC monograph drug facility on December
31 of the fiscal year or at any time during the preceding
12-month period shall be assessed an annual fee for each
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such facility as determined under subsection (c).
‘‘(B) EXCEPTIONS.—
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134 STAT. 462 PUBLIC LAW 116–136—MAR. 27, 2020
‘‘(i) FACILITIES THAT CEASE ACTIVITIES.—A fee shall
not be assessed under subparagraph (A) if the identi-
fied OTC monograph drug facility—
‘‘(I) has ceased all activities related to OTC
monograph drugs prior to December 31 of the year
immediately preceding the applicable fiscal year;
and
‘‘(II) has updated its registration to reflect such
change under the requirements for drug establish-
ment registration set forth in section 510.
‘‘(ii) CONTRACT MANUFACTURING ORGANIZATIONS.—
The amount of the fee for a contract manufacturing
organization facility shall be equal to two-thirds of
the amount of the fee for an OTC monograph drug
facility that is not a contract manufacturing organiza-
tion facility.
‘‘(C) AMOUNT.—The amount of fees established under
subparagraph (A) shall be established under subsection
(c).
‘‘(D) DUE DATE.—
‘‘(i) FOR FIRST PROGRAM YEAR.—For fiscal year
2021, the facility fees required under subparagraph
(A) shall be due on the later of—
‘‘(I) the first business day of July of 2020;
or
‘‘(II) 45 calendar days after publication of the
Federal Register notice provided for under sub-
section (c)(4)(A).
‘‘(ii) SUBSEQUENT FISCAL YEARS.—For each fiscal
year after fiscal year 2021, the facility fees required
under subparagraph (A) shall be due on the later of—
‘‘(I) the first business day of June of such
year; or
‘‘(II) the first business day after the enactment
of an appropriations Act providing for the collection
and obligation of fees under this section for such
year.
‘‘(2) OTC MONOGRAPH ORDER REQUEST FEE.—
‘‘(A) IN GENERAL.—Each person that submits an OTC
monograph order request shall be subject to a fee for an
OTC monograph order request. The amount of such fee
shall be—
‘‘(i) for a Tier 1 OTC monograph order request,
$500,000, adjusted for inflation for the fiscal year (as
determined under subsection (c)(1)(B)); and
‘‘(ii) for a Tier 2 OTC monograph order request,
$100,000, adjusted for inflation for the fiscal year (as
determined under subsection (c)(1)(B)).
‘‘(B) DUE DATE.—The OTC monograph order request
fees required under subparagraph (A) shall be due on the
date of submission of the OTC monograph order request.
‘‘(C) EXCEPTION FOR CERTAIN SAFETY CHANGES.—A per-
son who is named as the requestor in an OTC monograph
order shall not be subject to a fee under subparagraph
(A) if the Secretary finds that the OTC monograph order
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request seeks to change the drug facts labeling of an OTC
monograph drug in a way that would add to or strengthen—
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 463
‘‘(i) a contraindication, warning, or precaution;
‘‘(ii) a statement about risk associated with misuse
or abuse; or
‘‘(iii) an instruction about dosage and administra-
tion that is intended to increase the safe use of the
OTC monograph drug.
‘‘(D) REFUND OF FEE IF ORDER REQUEST IS RECAT-
EGORIZED AS A TIER 2 OTC MONOGRAPH ORDER REQUEST.—
If the Secretary determines that an OTC monograph Determination.
request initially characterized as Tier 1 shall be re-
characterized as a Tier 2 OTC monograph order request,
and the requestor has paid a Tier 1 fee in accordance
with subparagraph (A)(i), the Secretary shall refund the
requestor the difference between the Tier 1 and Tier 2
fees determined under subparagraphs (A)(i) and (A)(ii),
respectively.
‘‘(E) REFUND OF FEE IF ORDER REQUEST REFUSED FOR
FILING OR WITHDRAWN BEFORE FILING.—The Secretary shall
refund 75 percent of the fee paid under subparagraph
(B) for any order request which is refused for filing or
was withdrawn before being accepted or refused for filing.
‘‘(F) FEES FOR ORDER REQUESTS PREVIOUSLY REFUSED
FOR FILING OR WITHDRAWN BEFORE FILING.—An OTC mono-
graph order request that was submitted but was refused
for filing, or was withdrawn before being accepted or
refused for filing, shall be subject to the full fee under
subparagraph (A) upon being resubmitted or filed over
protest.
‘‘(G) REFUND OF FEE IF ORDER REQUEST WITHDRAWN.—
If an order request is withdrawn after the order request
was filed, the Secretary may refund the fee or a portion
of the fee if no substantial work was performed on the
order request after the application was filed. The Secretary
shall have the sole discretion to refund a fee or a portion
of the fee under this subparagraph. A determination by
the Secretary concerning a refund under this subparagraph
shall not be reviewable.
‘‘(3) REFUNDS.—
‘‘(A) IN GENERAL.—Other than refunds provided pursu-
ant to any of subparagraphs (D) through (G) of paragraph
(2), the Secretary shall not refund any fee paid under
paragraph (1) except as provided in subparagraph (B).
‘‘(B) DISPUTES CONCERNING FEES.—To qualify for the Deadline.
return of a fee claimed to have been paid in error under
paragraph (1) or (2), a person shall submit to the Secretary
a written request justifying such return within 180 cal-
endar days after such fee was paid.
‘‘(4) NOTICE.—Within the timeframe specified in subsection Federal Register,
(c), the Secretary shall publish in the Federal Register the publication.
amount of the fees under paragraph (1) for such fiscal year.
‘‘(b) FEE REVENUE AMOUNTS.—
‘‘(1) FISCAL YEAR 2021.—For fiscal year 2021, fees under
subsection (a)(1) shall be established to generate a total facility
fee revenue amount equal to the sum of—
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‘‘(A) the annual base revenue for fiscal year 2021 (as
determined under paragraph (3));
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134 STAT. 464 PUBLIC LAW 116–136—MAR. 27, 2020
‘‘(B) the dollar amount equal to the operating reserve
adjustment for the fiscal year, if applicable (as determined
under subsection (c)(2)); and
‘‘(C) additional direct cost adjustments (as determined
under subsection (c)(3)).
‘‘(2) SUBSEQUENT FISCAL YEARS.—For each of the fiscal
years 2022 through 2025, fees under subsection (a)(1) shall
be established to generate a total facility fee revenue amount
equal to the sum of—
‘‘(A) the annual base revenue for the fiscal year (as
determined under paragraph (3));
‘‘(B) the dollar amount equal to the inflation adjust-
ment for the fiscal year (as determined under subsection
(c)(1));
‘‘(C) the dollar amount equal to the operating reserve
adjustment for the fiscal year, if applicable (as determined
under subsection (c)(2));
‘‘(D) additional direct cost adjustments (as determined
under subsection (c)(3)); and
‘‘(E) additional dollar amounts for each fiscal year as
follows:
‘‘(i) $7,000,000 for fiscal year 2022.
‘‘(ii) $6,000,000 for fiscal year 2023.
‘‘(iii) $7,000,000 for fiscal year 2024.
‘‘(iv) $3,000,000 for fiscal year 2025.
‘‘(3) ANNUAL BASE REVENUE.—For purposes of paragraphs
(1)(A) and (2)(A), the dollar amount of the annual base revenue
for a fiscal year shall be—
‘‘(A) for fiscal year 2021, $8,000,000; and
‘‘(B) for fiscal years 2022 through 2025, the dollar
amount of the total revenue amount established under
this subsection for the previous fiscal year, not including
any adjustments made under subsection (c)(2) or (c)(3).
‘‘(c) ADJUSTMENTS; ANNUAL FEE SETTING.—
‘‘(1) INFLATION ADJUSTMENT.—
‘‘(A) IN GENERAL.—For purposes of subsection (b)(2)(B),
the dollar amount of the inflation adjustment to the annual
base revenue for fiscal year 2022 and each subsequent
fiscal year shall be equal to the product of—
‘‘(i) such annual base revenue for the fiscal year
under subsection (b)(2); and
‘‘(ii) the inflation adjustment percentage under
subparagraph (C).
‘‘(B) OTC MONOGRAPH ORDER REQUEST FEES.—For pur-
poses of subsection (a)(2), the dollar amount of the inflation
adjustment to the fee for OTC monograph order requests
for fiscal year 2022 and each subsequent fiscal year shall
be equal to the product of—
‘‘(i) the applicable fee under subsection (a)(2) for
the preceding fiscal year; and
‘‘(ii) the inflation adjustment percentage under
subparagraph (C).
Time periods. ‘‘(C) INFLATION ADJUSTMENT PERCENTAGE.—The infla-
tion adjustment percentage under this subparagraph for
a fiscal year is equal to—
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‘‘(i) for each of fiscal years 2022 and 2023, the
average annual percent change that occurred in the
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 465
Consumer Price Index for urban consumers (Wash-
ington-Baltimore, DC–MD–VA–WV; Not Seasonally
Adjusted; All items; Annual Index) for the first 3 years
of the preceding 4 years of available data; and
‘‘(ii) for each of fiscal years 2024 and 2025, the
sum of—
‘‘(I) the average annual percent change in the
cost, per full-time equivalent position of the Food
and Drug Administration, of all personnel com-
pensation and benefits paid with respect to such
positions for the first 3 years of the preceding
4 fiscal years, multiplied by the proportion of per-
sonnel compensation and benefits costs to total
costs of OTC monograph drug activities for the
first 3 years of the preceding 4 fiscal years; and
‘‘(II) the average annual percent change that
occurred in the Consumer Price Index for urban
consumers (Washington-Baltimore, DC–MD–VA–
WV; Not Seasonally Adjusted; All items; Annual
Index) for the first 3 years of the preceding 4
years of available data multiplied by the proportion
of all costs other than personnel compensation and
benefits costs to total costs of OTC monograph
drug activities for the first 3 years of the preceding
4 fiscal years.
‘‘(2) OPERATING RESERVE ADJUSTMENT.—
‘‘(A) IN GENERAL.—For fiscal year 2021 and subsequent
fiscal years, for purposes of subsections (b)(1)(B) and
(b)(2)(C), the Secretary may, in addition to adjustments
under paragraph (1), further increase the fee revenue and
fees if such an adjustment is necessary to provide operating
reserves of carryover user fees for OTC monograph drug
activities for not more than the number of weeks specified
in subparagraph (B).
‘‘(B) NUMBER OF WEEKS.—The number of weeks speci-
fied in this subparagraph is—
‘‘(i) 3 weeks for fiscal year 2021;
‘‘(ii) 7 weeks for fiscal year 2022;
‘‘(iii) 10 weeks for fiscal year 2023;
‘‘(iv) 10 weeks for fiscal year 2024; and
‘‘(v) 10 weeks for fiscal year 2025.
‘‘(C) DECREASE.—If the Secretary has carryover bal- Time period.
ances for such process in excess of 10 weeks of the operating
reserves referred to in subparagraph (A), the Secretary
shall decrease the fee revenue and fees referred to in
such subparagraph to provide for not more than 10 weeks
of such operating reserves.
‘‘(D) RATIONALE FOR ADJUSTMENT.—If an adjustment
under this paragraph is made, the rationale for the amount
of the increase or decrease (as applicable) in fee revenue
and fees shall be contained in the annual Federal Register
notice under paragraph (4) establishing fee revenue and
fees for the fiscal year involved.
‘‘(3) ADDITIONAL DIRECT COST ADJUSTMENT.—The Secretary
shall, in addition to adjustments under paragraphs (1) and
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(2), further increase the fee revenue and fees for purposes
of subsection (b)(2)(D) by an amount equal to—
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134 STAT. 466 PUBLIC LAW 116–136—MAR. 27, 2020
‘‘(A) $14,000,000 for fiscal year 2021;
‘‘(B) $7,000,000 for fiscal year 2022;
‘‘(C) $4,000,000 for fiscal year 2023;
‘‘(D) $3,000,000 for fiscal year 2024; and
‘‘(E) $3,000,000 for fiscal year 2025.
Deadline. ‘‘(4) ANNUAL FEE SETTING.—
Federal Register, ‘‘(A) FISCAL YEAR 2021.—The Secretary shall, not later
publication.
than the second Monday in May of 2020—
‘‘(i) establish OTC monograph drug facility fees
for fiscal year 2021 under subsection (a), based on
the revenue amount for such year under subsection
(b) and the adjustments provided under this subsection;
and
‘‘(ii) publish fee revenue, facility fees, and OTC
monograph order requests in the Federal Register.
‘‘(B) SUBSEQUENT FISCAL YEARS.—The Secretary shall,
for each fiscal year that begins after September 30, 2021,
not later than the second Monday in March that precedes
such fiscal year—
‘‘(i) establish for such fiscal year, based on the
revenue amounts under subsection (b) and the adjust-
ments provided under this subsection—
‘‘(I) OTC monograph drug facility fees under
subsection (a)(1); and
‘‘(II) OTC monograph order request fees under
subsection (a)(2); and
‘‘(ii) publish such fee revenue amounts, facility
fees, and OTC monograph order request fees in the
Federal Register.
‘‘(d) IDENTIFICATION OF FACILITIES.—Each person that owns
an OTC monograph drug facility shall submit to the Secretary
the information required under this subsection each year. Such
information shall, for each fiscal year—
‘‘(1) be submitted as part of the requirements for drug
establishment registration set forth in section 510; and
‘‘(2) include for each such facility, at a minimum, identifica-
tion of the facility’s business operation as that of an OTC
monograph drug facility.
‘‘(e) EFFECT OF FAILURE TO PAY FEES.—
‘‘(1) OTC MONOGRAPH DRUG FACILITY FEE.—
Time period. ‘‘(A) IN GENERAL.—Failure to pay the fee under sub-
section (a)(1) within 20 calendar days of the due date
as specified in subparagraph (D) of such subsection shall
result in the following:
Public ‘‘(i) The Secretary shall place the facility on a
information. publicly available arrears list.
List.
‘‘(ii) All OTC monograph drugs manufactured in
such a facility or containing an ingredient manufac-
tured in such a facility shall be deemed misbranded
under section 502(ff).
‘‘(B) APPLICATION OF PENALTIES.—The penalties under
this paragraph shall apply until the fee established by
subsection (a)(1) is paid.
‘‘(2) ORDER REQUESTS.—An OTC monograph order request
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submitted by a person subject to fees under subsection (a)
shall be considered incomplete and shall not be accepted for
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 467
filing by the Secretary until all fees owed by such person
under this section have been paid.
‘‘(3) MEETINGS.—A person subject to fees under this section
shall be considered ineligible for OTC monograph drug meetings
until all such fees owed by such person have been paid.
‘‘(f) CREDITING AND AVAILABILITY OF FEES.—
‘‘(1) IN GENERAL.—Fees authorized under subsection (a)
shall be collected and available for obligation only to the extent
and in the amount provided in advance in appropriations Acts.
Such fees are authorized to remain available until expended.
Such sums as may be necessary may be transferred from the
Food and Drug Administration salaries and expenses appropria-
tion account without fiscal year limitation to such appropriation
account for salaries and expenses with such fiscal year limita-
tion. The sums transferred shall be available solely for OTC
monograph drug activities.
‘‘(2) COLLECTIONS AND APPROPRIATION ACTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (C), the
fees authorized by this section shall be collected and avail-
able in each fiscal year in an amount not to exceed the
amount specified in appropriation Acts, or otherwise made
available for obligation, for such fiscal year.
‘‘(B) USE OF FEES AND LIMITATION.—The fees author-
ized by this section shall be available to defray increases
in the costs of the resources allocated for OTC monograph
drug activities (including increases in such costs for an
additional number of full-time equivalent positions in the
Department of Health and Human Services to be engaged
in such activities), only if the Secretary allocates for such
purpose an amount for such fiscal year (excluding amounts
from fees collected under this section) no less than
$12,000,000, multiplied by the adjustment factor applicable
to the fiscal year involved under subsection (c)(1).
‘‘(C) COMPLIANCE.—The Secretary shall be considered
to have met the requirements of subparagraph (B) in any
fiscal year if the costs funded by appropriations and allo-
cated for OTC monograph drug activities are not more
than 15 percent below the level specified in such subpara-
graph.
‘‘(D) PROVISION FOR EARLY PAYMENTS IN SUBSEQUENT
YEARS.—Payment of fees authorized under this section for
a fiscal year (after fiscal year 2021), prior to the due
date for such fees, may be accepted by the Secretary in
accordance with authority provided in advance in a prior
year appropriations Act.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—For each of the
fiscal years 2021 through 2025, there is authorized to be appro-
priated for fees under this section an amount equal to the
total amount of fees assessed for such fiscal year under this
section.
‘‘(g) COLLECTION OF UNPAID FEES.—In any case where the Deadline.
Secretary does not receive payment of a fee assessed under sub-
section (a) within 30 calendar days after it is due, such fee shall
be treated as a claim of the United States Government subject
to subchapter II of chapter 37 of title 31, United States Code.
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‘‘(h) CONSTRUCTION.—This section may not be construed to
require that the number of full-time equivalent positions in the
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134 STAT. 468 PUBLIC LAW 116–136—MAR. 27, 2020
Department of Health and Human Services, for officers, employers,
and advisory committees not engaged in OTC monograph drug
activities, be reduced to offset the number of officers, employees,
and advisory committees so engaged.
21 USC 379j–73. ‘‘SEC. 744N. REAUTHORIZATION; REPORTING REQUIREMENTS.
Effective date. ‘‘(a) PERFORMANCE REPORT.—Beginning with fiscal year 2021,
and not later than 120 calendar days after the end of each fiscal
year thereafter for which fees are collected under this part, the
Secretary shall prepare and submit to the Committee on Energy
and Commerce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate a report
concerning the progress of the Food and Drug Administration in
achieving the goals identified in the letters described in section
3861(b) of the CARES Act during such fiscal year and the future
plans of the Food and Drug Administration for meeting such goals.
‘‘(b) FISCAL REPORT.—Not later than 120 calendar days after
the end of fiscal year 2021 and each subsequent fiscal year for
which fees are collected under this part, the Secretary shall prepare
and submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report on the implementation
of the authority for such fees during such fiscal year and the
use, by the Food and Drug Administration, of the fees collected
for such fiscal year.
Web posting. ‘‘(c) PUBLIC AVAILABILITY.—The Secretary shall make the
reports required under subsections (a) and (b) available to the
public on the internet website of the Food and Drug Administration.
‘‘(d) REAUTHORIZATION.—
Recommenda- ‘‘(1) CONSULTATION.—In developing recommendations to
tions. present to the Congress with respect to the goals described
Plans.
Time period. in subsection (a), and plans for meeting the goals, for OTC
monograph drug activities for the first 5 fiscal years after
fiscal year 2025, and for the reauthorization of this part for
such fiscal years, the Secretary shall consult with—
‘‘(A) the Committee on Energy and Commerce of the
House of Representatives;
‘‘(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
‘‘(C) scientific and academic experts;
‘‘(D) health care professionals;
‘‘(E) representatives of patient and consumer advocacy
groups; and
‘‘(F) the regulated industry.
‘‘(2) PUBLIC REVIEW OF RECOMMENDATIONS.—After negotia-
tions with the regulated industry, the Secretary shall—
‘‘(A) present the recommendations developed under
paragraph (1) to the congressional committees specified
in such paragraph;
Federal Register, ‘‘(B) publish such recommendations in the Federal Reg-
publication. ister;
Time period. ‘‘(C) provide for a period of 30 calendar days for the
public to provide written comments on such recommenda-
tions;
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‘‘(D) hold a meeting at which the public may present
its views on such recommendations; and
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 469
‘‘(E) after consideration of such public views and com-
ments, revise such recommendations as necessary.
‘‘(3) TRANSMITTAL OF RECOMMENDATIONS.—Not later than Deadline.
January 15, 2025, the Secretary shall transmit to the Congress Summary.
the revised recommendations under paragraph (2), a summary
of the views and comments received under such paragraph,
and any changes made to the recommendations in response
to such views and comments.’’.
TITLE IV—ECONOMIC STABILIZATION
AND ASSISTANCE TO SEVERELY DIS-
TRESSED SECTORS OF THE UNITED
STATES ECONOMY
Subtitle A—Coronavirus Economic Coronavirus
Economic
Stabilization Act of 2020 Stabilization Act
of 2020.
SEC. 4001. SHORT TITLE. 15 USC 9001
note.
This subtitle may be cited as the ‘‘Coronavirus Economic Sta-
bilization Act of 2020’’.
SEC. 4002. DEFINITIONS. 15 USC 9041.
In this subtitle:
(1) AIR CARRIER.—The term ‘‘air carrier’’ has the meaning
such term has under section 40102 of title 49, United States
Code.
(2) CORONAVIRUS.—The term ‘‘coronavirus’’ means SARS–
CoV–2 or another coronavirus with pandemic potential.
(3) COVERED LOSS.—The term ‘‘covered loss’’ includes losses
incurred directly or indirectly as a result of coronavirus, as
determined by the Secretary.
(4) ELIGIBLE BUSINESS.—The term ‘‘eligible business’’
means—
(A) an air carrier; or
(B) a United States business that has not otherwise
received adequate economic relief in the form of loans
or loan guarantees provided under this Act.
(5) EMPLOYEE.—Except where the context otherwise
requires, the term ‘‘employee’’—
(A) has the meaning given the term in section 2 of
the National Labor Relations Act (29 U.S.C. 152); and
(B) includes any individual employed by an employer
subject to the Railway Labor Act (45 U.S.C. 151 et seq.).
(6) EQUITY SECURITY; EXCHANGE.—The terms ‘‘equity secu-
rity’’ and ‘‘exchange’’ have the meanings given the terms in
section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)).
(7) MUNICIPALITY.—The term ‘‘municipality’’ includes—
(A) a political subdivision of a State, and
(B) an instrumentality of a municipality, a State, or
a political subdivision of a State.
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(8) NATIONAL SECURITIES EXCHANGE.—The term ‘‘national
securities exchange’’ means an exchange registered as a
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134 STAT. 470 PUBLIC LAW 116–136—MAR. 27, 2020
national securities exchange under section 6 of the Securities
Exchange Act of 1934 (15 U.S.C. 78f).
(9) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Treasury, or the designee of the Secretary of the
Treasury.
(10) STATE.—The term ‘‘State’’ means—
(A) any of the several States;
(B) the District of Columbia;
(C) any of the territories and possessions of the United
States;
(D) any bi-State or multi-State entity; and
(E) any Indian Tribe.
15 USC 9042. SEC. 4003. EMERGENCY RELIEF AND TAXPAYER PROTECTIONS.
Loans. (a) IN GENERAL.—Notwithstanding any other provision of law,
to provide liquidity to eligible businesses, States, and municipalities
related to losses incurred as a result of coronavirus, the Secretary
is authorized to make loans, loan guarantees, and other investments
in support of eligible businesses, States, and municipalities that
do not, in the aggregate, exceed $500,000,000,000 and provide the
subsidy amounts necessary for such loans, loan guarantees, and
other investments in accordance with the provisions of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
(b) LOANS, LOAN GUARANTEES, AND OTHER INVESTMENTS.—
Loans, loan guarantees, and other investments made pursuant to
subsection (a) shall be made available as follows:
(1) Not more than $25,000,000,000 shall be available to
make loans and loan guarantees for passenger air carriers,
eligible businesses that are certified under part 145 of title
14, Code of Federal Regulations, and approved to perform
inspection, repair, replace, or overhaul services, and ticket
agents (as defined in section 40102 of title 49, United States
Code).
(2) Not more than $4,000,000,000 shall be available to
make loans and loan guarantees for cargo air carriers.
(3) Not more than $17,000,000,000 shall be available to
make loans and loan guarantees for businesses critical to
maintaining national security.
(4) Not more than the sum of $454,000,000,000 and any
amounts available under paragraphs (1), (2), and (3) that are
not used as provided under those paragraphs shall be available
to make loans and loan guarantees to, and other investments
in, programs or facilities established by the Board of Governors
of the Federal Reserve System for the purpose of providing
liquidity to the financial system that supports lending to eligible
businesses, States, or municipalities by—
(A) purchasing obligations or other interests directly
from issuers of such obligations or other interests;
(B) purchasing obligations or other interests in sec-
ondary markets or otherwise; or
(C) making loans, including loans or other advances
secured by collateral.
(c) TERMS AND CONDITIONS.—
(1) IN GENERAL.—
(A) FORMS; TERMS AND CONDITIONS.—A loan, loan guar-
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antee, or other investment by the Secretary shall be made
under this section in such form and on such terms and
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 471
conditions and contain such covenants, representations,
warranties, and requirements (including requirements for
audits) as the Secretary determines appropriate. Any loans
made by the Secretary under this section shall be at a
rate determined by the Secretary based on the risk and
the current average yield on outstanding marketable
obligations of the United States of comparable maturity.
(B) PROCEDURES.—As soon as practicable, but in no Deadline.
case later than 10 days after the date of enactment of Publication.
this Act, the Secretary shall publish procedures for applica-
tion and minimum requirements, which may be supple-
mented by the Secretary in the Secretary’s discretion, for
making loans, loan guarantees, or other investments under
paragraphs (1), (2) and (3) of subsection (b) .
(2) LOANS AND LOAN GUARANTEES .—The Secretary may Time periods.
enter into agreements to make loans or loan guarantees to Determinations.
1 or more eligible businesses under paragraphs (1), (2) and
(3) of subsection (b) if the Secretary determines that, in the
Secretary’s discretion—
(A) the applicant is an eligible business for which
credit is not reasonably available at the time of the trans-
action;
(B) the intended obligation by the applicant is pru-
dently incurred;
(C) the loan or loan guarantee is sufficiently secured
or is made at a rate that—
(i) reflects the risk of the loan or loan guarantee;
and
(ii) is to the extent practicable, not less than an
interest rate based on market conditions for com-
parable obligations prevalent prior to the outbreak of
the coronavirus disease 2019 (COVID–19);
(D) the duration of the loan or loan guarantee is as
short as practicable and in any case not longer than 5
years;
(E) the agreement provides that, until the date 12
months after the date the loan or loan guarantee is no
longer outstanding, neither the eligible business nor any
affiliate of the eligible business may purchase an equity
security that is listed on a national securities exchange
of the eligible business or any parent company of the
eligible business, except to the extent required under a
contractual obligation in effect as of the date of enactment
of this Act;
(F) the agreement provides that, until the date 12
months after the date the loan or loan guarantee is no
longer outstanding, the eligible business shall not pay divi-
dends or make other capital distributions with respect to
the common stock of the eligible business;
(G) the agreement provides that, until September 30,
2020, the eligible business shall maintain its employment
levels as of March 24, 2020, to the extent practicable,
and in any case shall not reduce its employment levels
by more than 10 percent from the levels on such date;
(H) the agreement includes a certification by the Certification.
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eligible business that it is created or organized in the
United States or under the laws of the United States
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134 STAT. 472 PUBLIC LAW 116–136—MAR. 27, 2020
and has significant operations in and a majority of its
employees based in the United States; and
Determination. (I) for purposes of a loan or loan guarantee under
paragraphs (1), (2), and (3) of subsection (b), the eligible
business must have incurred or is expected to incur covered
losses such that the continued operations of the business
are jeopardized, as determined by the Secretary.
(3) FEDERAL RESERVE PROGRAMS OR FACILITIES.—
(A) TERMS AND CONDITIONS.—
(i) DEFINITION.—In this paragraph, the term
‘‘direct loan’’ means a loan under a bilateral loan agree-
ment that is —
(I) entered into directly with an eligible busi-
ness as borrower; and
(II) not part of a syndicated loan, a loan origi-
nated by a financial institution in the ordinary
course of business, or a securities or capital mar-
kets transaction.
Time periods. (ii) RESTRICTIONS.—The Secretary may make a
loan, loan guarantee, or other investment under sub-
section (b)(4) as part of a program or facility that
provides direct loans only if the applicable eligible
businesses agree—
(I) until the date 12 months after the date
on which the direct loan is no longer outstanding,
not to repurchase an equity security that is listed
on a national securities exchange of the eligible
business or any parent company of the eligible
business while the direct loan is outstanding,
except to the extent required under a contractual
obligation that is in effect as of the date of enact-
ment of this Act;
(II) until the date 12 months after the date
on which the direct loan is no longer outstanding,
not to pay dividends or make other capital distribu-
tions with respect to the common stock of the
eligible business; and
(III) to comply with the limitations on com-
pensation set forth in section 4004.
Determination. (iii) WAIVER.—The Secretary may waive the
requirement under clause (ii) with respect to any pro-
gram or facility upon a determination that such waiver
is necessary to protect the interests of the Federal
Testimony. Government. If the Secretary exercises a waiver under
this clause, the Secretary shall make himself available
to testify before the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee
on Financial Services of the House of Representatives
regarding the reasons for the waiver.
(B) FEDERAL RESERVE ACT TAXPAYER PROTECTIONS AND
OTHER REQUIREMENTS APPLY.—For the avoidance of doubt,
any applicable requirements under section 13(3) of the
Federal Reserve Act (12 U.S.C. 343(3)), including require-
ments relating to loan collateralization, taxpayer protec-
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tion, and borrower solvency, shall apply with respect to
any program or facility described in subsection (b)(4).
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 473
(C) UNITED STATES BUSINESSES.—A program or facility
in which the Secretary makes a loan, loan guarantee, or
other investment under subsection (b)(4) shall only pur-
chase obligations or other interests (other than securities
that are based on an index or that are based on a diversified
pool of securities) from, or make loans or other advances
to, businesses that are created or organized in the United
States or under the laws of the United States and that
have significant operations in and a majority of its
employees based in the United States.
(D) ASSISTANCE FOR MID-SIZED BUSINESSES.—
(i) IN GENERAL.—Without limiting the terms and
conditions of the programs and facilities that the Sec-
retary may otherwise provide financial assistance to
under subsection (b)(4), the Secretary shall endeavor
to seek the implementation of a program or facility
described in subsection (b)(4) that provides financing
to banks and other lenders that make direct loans
to eligible businesses including, to the extent prac-
ticable, nonprofit organizations, with between 500 and
10,000 employees, with such direct loans being subject
to an annualized interest rate that is not higher than
2 percent per annum. For the first 6 months after Time period.
any such direct loan is made, or for such longer period
as the Secretary may determine in his discretion, no
principal or interest shall be due and payable. Any Certification.
eligible borrower applying for a direct loan under this
program shall make a good-faith certification that—
(I) the uncertainty of economic conditions as
of the date of the application makes necessary
the loan request to support the ongoing operations
of the recipient;
(II) the funds it receives will be used to retain Termination
at least 90 percent of the recipient’s workforce, date.
at full compensation and benefits, until September
30, 2020;
(III) the recipient intends to restore not less Deadline.
than 90 percent of the workforce of the recipient
that existed as of February 1, 2020, and to restore
all compensation and benefits to the workers of
the recipient no later than 4 months after the
termination date of the public health emergency
declared by the Secretary of Health and Human
Services on January 31, 2020, under section 319
of the Public Health Services Act (42 U.S.C. 247d)
in response to COVID–19;
(IV) the recipient is an entity or business that
is domiciled in the United States with significant
operations and employees located in the United
States;
(V) the recipient is not a debtor in a bank-
ruptcy proceeding;
(VI) the recipient is created or organized in
the United States or under the laws of the United
States and has significant operations in and a
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majority of its employees based in the United
States;
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134 STAT. 474 PUBLIC LAW 116–136—MAR. 27, 2020
(VII) the recipient will not pay dividends with
respect to the common stock of the eligible busi-
ness, or repurchase an equity security that is listed
on a national securities exchange of the recipient
or any parent company of the recipient while the
direct loan is outstanding, except to the extent
required under a contractual obligation that is in
effect as of the date of enactment of this Act;
Time period. (VIII) the recipient will not outsource or off-
shore jobs for the term of the loan and 2 years
after completing repayment of the loan;
Time period. (IX) the recipient will not abrogate existing
collective bargaining agreements for the term of
the loan and 2 years after completing repayment
of the loan; and
(X) that the recipient will remain neutral in
any union organizing effort for the term of the
loan.
(ii) MAIN STREET LENDING PROGRAM.—Nothing in
this subparagraph shall limit the discretion of the
Board of Governors of the Federal Reserve System
to establish a Main Street Lending Program or other
similar program or facility that supports lending to
small and mid-sized businesses on such terms and
conditions as the Board may set consistent with section
13(3) of the Federal Reserve Act (12 U.S.C. 343(3)),
including any such program in which the Secretary
makes a loan, loan guarantee, or other investment
under subsection (b)(4).
(E) GOVERNMENT PARTICIPANTS.—The Secretary shall
endeavor to seek the implementation of a program or
facility in accordance with subsection (b)(4) that provides
liquidity to the financial system that supports lending to
States and municipalities.
(d) FINANCIAL PROTECTION OF GOVERNMENT.—
(1) WARRANT OR SENIOR DEBT INSTRUMENT.—The Secretary
may not issue a loan to, or a loan guarantee for, an eligible
business under paragraph (1), (2), or (3) of subsection (b)
unless—
(A)(i) the eligible business has issued securities that
are traded on a national securities exchange; and
(ii) the Secretary receives a warrant or equity interest
in the eligible business; or
(B) in the case of any eligible business other than
an eligible business described in subparagraph (A), the
Secretary receives, in the discretion of the Secretary—
(i) a warrant or equity interest in the eligible
business; or
(ii) a senior debt instrument issued by the eligible
business.
(2) TERMS AND CONDITIONS.—The terms and conditions of
any warrant, equity interest, or senior debt instrument received
under paragraph (1) shall be set by the Secretary and shall
meet the following requirements:
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(A) PURPOSES.—Such terms and conditions shall be
designed to provide for a reasonable participation by the
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 475
Secretary, for the benefit of taxpayers, in equity apprecia-
tion in the case of a warrant or other equity interest,
or a reasonable interest rate premium, in the case of a
debt instrument.
(B) AUTHORITY TO SELL, EXERCISE, OR SURRENDER.—
For the primary benefit of taxpayers, the Secretary may
sell, exercise, or surrender a warrant or any senior debt
instrument received under this subsection. The Secretary
shall not exercise voting power with respect to any shares
of common stock acquired under this section.
(C) SUFFICIENCY.—If the Secretary determines that the Determination.
eligible business cannot feasibly issue warrants or other
equity interests as required by this subsection, the Sec-
retary may accept a senior debt instrument in an amount
and on such terms as the Secretary deems appropriate.
(3) PROHIBITION ON LOAN FORGIVENESS.—The principal
amount of any obligation issued by an eligible business, State,
or municipality under a program described in subsection (b)
shall not be reduced through loan forgiveness.
(e) DEPOSIT OF PROCEEDS.—Amounts collected under subsection
(b) shall be deposited in the following order of priority:
(1) Into the financing accounts established under section
505 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661d)
to implement this subtitle, up to an amount equal to the sum
of—
(A) the amount transferred from the appropriation
made under section 4027 to the financing accounts; and
(B) the amount necessary to repay any amount lent
from the Treasury to such financing accounts.
(2) After the deposits specified in paragraph (1) of this
subsection have been made, into the Federal Old-Age and Sur-
vivors Insurance Trust Fund established under section 201(a)
of the Social Security Act (42 U.S.C. 401).
(f) ADMINISTRATIVE PROVISIONS.—Notwithstanding any other
provision of law, the Secretary may use not greater than
$100,000,000 of the funds made available under section 4027 to
pay costs and administrative expenses associated with the loans,
loan guarantees, and other investments authorized under this sec-
tion. The Secretary is authorized to take such actions as the Sec-
retary deems necessary to carry out the authorities in this subtitle,
including, without limitation—
(1) using direct hiring authority to hire employees to admin-
ister this subtitle;
(2) entering into contracts, including contracts for services Contracts.
authorized by this subtitle;
(3) establishing vehicles that are authorized, subject to
supervision by the Secretary, to purchase, hold, and sell assets
and issue obligations; and
(4) issuing such regulations and other guidance as may Regulations.
be necessary or appropriate to carry out the authorities or Guidance.
purposes of this subtitle.
(g) FINANCIAL AGENTS.—The Secretary is authorized to des-
ignate financial institutions, including but not limited to, deposi-
tories, brokers, dealers, and other institutions, as financial agents
of the United States. Such institutions shall—
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(1) perform all reasonable duties the Secretary determines
necessary to respond to the coronavirus; and
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134 STAT. 476 PUBLIC LAW 116–136—MAR. 27, 2020
Reimbursement. (2) be paid for such duties using appropriations available
to the Secretary to reimburse financial institutions in their
capacity as financial agents of the United States.
(h) LOANS MADE BY OR GUARANTEED BY THE DEPARTMENT OF
THE TREASURY TREATED AS INDEBTEDNESS FOR TAX PURPOSES.—
(1) IN GENERAL.—Any loan made by or guaranteed by the
Department of the Treasury under this section shall be treated
as indebtedness for purposes of the Internal Revenue Code
of 1986, shall be treated as issued for its stated principal
amount, and stated interest on such loans shall be treated
as qualified stated interest.
(2) REGULATIONS OR GUIDANCE.—The Secretary of the
Treasury (or the Secretary’s delegate) shall prescribe such regu-
lations or guidance as may be necessary or appropriate to
carry out the purposes of this section, including guidance pro-
viding that the acquisition of warrants, stock options, common
or preferred stock or other equity under this section does not
result in an ownership change for purposes of section 382
of the Internal Revenue Code of 1986.
Time periods. SEC. 4004. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.
15 USC 9043.
(a) IN GENERAL.—The Secretary may only enter into an agree-
ment with an eligible business to make a loan or loan guarantee
under paragraph (1), (2) or (3) of section 4003(b) if such agreement
provides that, during the period beginning on the date on which
the agreement is executed and ending on the date that is 1 year
after the date on which the loan or loan guarantee is no longer
outstanding—
(1) no officer or employee of the eligible business whose
total compensation exceeded $425,000 in calendar year 2019
(other than an employee whose compensation is determined
through an existing collective bargaining agreement entered
into prior to March 1, 2020)—
(A) will receive from the eligible business total com-
pensation which exceeds, during any 12 consecutive months
of such period, the total compensation received by the
officer or employee from the eligible business in calendar
year 2019; or
(B) will receive from the eligible business severance
pay or other benefits upon termination of employment with
the eligible business which exceeds twice the maximum
total compensation received by the officer or employee from
the eligible business in calendar year 2019; and
(2) no officer or employee of the eligible business whose
total compensation exceeded $3,000,000 in calendar year 2019
may receive during any 12 consecutive months of such period
total compensation in excess of the sum of—
(A) $3,000,000; and
(B) 50 percent of the excess over $3,000,000 of the
total compensation received by the officer or employee from
the eligible business in calendar year 2019.
(b) TOTAL COMPENSATION DEFINED.—In this section, the term
‘‘total compensation’’ includes salary, bonuses, awards of stock, and
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other financial benefits provided by an eligible business to an officer
or employee of the eligible business.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 477
SEC. 4005. CONTINUATION OF CERTAIN AIR SERVICE. Requirement.
15 USC 9044.
The Secretary of Transportation is authorized to require, to
the extent reasonable and practicable, an air carrier receiving loans
and loan guarantees under section 4003 to maintain scheduled
air transportation service as the Secretary of Transportation deems
necessary to ensure services to any point served by that carrier
before March 1, 2020. When considering whether to exercise the
authority granted by this section, the Secretary of Transportation
shall take into consideration the air transportation needs of small
and remote communities and the need to maintain well-functioning
health care and pharmaceutical supply chains, including for medical
devices and supplies. The authority under this section, including Termination
any requirement issued by the Secretary under this section, shall date.
terminate on March 1, 2022.
SEC. 4006. COORDINATION WITH SECRETARY OF TRANSPORTATION. 15 USC 9045.
In implementing this subtitle with respect to air carriers, the
Secretary shall coordinate with the Secretary of Transportation.
SEC. 4007. SUSPENSION OF CERTAIN AVIATION EXCISE TAXES. Time period.
15 USC 9046.
(a) TRANSPORTATION BY AIR.—In the case of any amount paid
for transportation by air (including any amount treated as paid
for transportation by air by reason of section 4261(e)(3) of the
Internal Revenue Code of 1986) during the excise tax holiday period,
no tax shall be imposed under section 4261 or 4271 of such Code.
The preceding sentence shall not apply to amounts paid on or
before the date of the enactment of this Act.
(b) USE OF KEROSENE IN COMMERCIAL AVIATION.—In the case
of kerosene used in commercial aviation (as defined in section
4083 of the Internal Revenue Code of 1986) during the excise
tax holiday period—
(1) no tax shall be imposed on such kerosene under—
(A) section 4041(c) of the Internal Revenue Code of
1986, or
(B) section 4081 of such Code (other than at the rate
provided in subsection (a)(2)(B) thereof), and
(2) section 6427(l) of such Code shall be applied— Applicability.
(A) by treating such use as a nontaxable use, and
(B) without regard to paragraph (4)(A)(ii) thereof.
(c) EXCISE TAX HOLIDAY PERIOD.—For purposes of this section, Definition.
the term ‘‘excise tax holiday period’’ means the period beginning
after the date of the enactment of this section and ending before
January 1, 2021.
SEC. 4008. DEBT GUARANTEE AUTHORITY.
(a) Section 1105 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5612) is amended—
(1) in subsection (f)—
(A) by inserting ‘‘in noninterest-bearing transaction
accounts’’ after ‘‘institutions’’; and
(B) by striking ‘‘shall not’’ and inserting ‘‘may’’; and
(2) by adding at the end the following:
‘‘(h) APPROVAL OF GUARANTEE PROGRAM DURING THE COVID–
19 CRISIS.—
‘‘(1) IN GENERAL.—For purposes of the congressional joint Deadline.
resolution of approval provided for in subsections (c)(1) and
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(2) and (d), notwithstanding any other provision of this section,
the Federal Deposit Insurance Corporation is approved upon
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134 STAT. 478 PUBLIC LAW 116–136—MAR. 27, 2020
enactment of this Act to establish a program provided for
in subsection (a), provided that any such program and any
such guarantee shall terminate not later than December 31,
2020.
‘‘(2) MAXIMUM AMOUNT.—Any debt guarantee program
authorized by this subsection shall include a maximum amount
of outstanding debt that is guaranteed.’’.
15 USC 9047. (b) FEDERAL CREDIT UNION TRANSACTION ACCOUNT GUARAN-
Coordination. TEES.—Notwithstanding any other provision of law and in coordina-
Deadline. tion with the Federal Deposit Insurance Corporation, the National
Credit Union Administration Board may by a vote of the Board
increase to unlimited, or such lower amount as the Board approves,
the share insurance coverage provided by the National Credit Union
Share Insurance Fund on any noninterest-bearing transaction
account in any federally insured credit union without exception,
provided that any such increase shall terminate not later than
December 31, 2020.
Determination. SEC. 4009. TEMPORARY GOVERNMENT IN THE SUNSHINE ACT RELIEF.
Time period.
15 USC 9048. (a) IN GENERAL.—Except as provided in subsection (b), notwith-
standing any other provision of law, if the Chairman of the Board
of Governors of the Federal Reserve System determines, in writing,
that unusual and exigent circumstances exist, the Board may con-
duct meetings without regard to the requirements of section 552b
of title 5, United States Code, during the period beginning on
the date of enactment of this Act and ending on the earlier of—
(1) the date on which the national emergency concerning
the novel coronavirus disease (COVID–19) outbreak declared
by the President on March 13, 2020 under the National Emer-
gencies Act (50 U.S.C. 1601 et seq.) terminates; or
(2) December 31, 2020.
(b) RECORDS.—The Board of Governors of the Federal Reserve
System shall keep a record of all Board votes and the reasons
for such votes during the period described in subsection (a).
Time period. SEC. 4010. TEMPORARY HIRING FLEXIBILITY.
15 USC 9049.
(a) DEFINITION.—In this section, the term ‘‘covered period’’
means the period beginning on the date of enactment of this Act
and ending on the sooner of—
(1) the termination date of the national emergency con-
cerning the novel coronavirus disease (COVID–19) outbreak
declared by the President on March 13, 2020 under the National
Emergencies Act (50 U.S.C. 1601 et seq.); or
(2) December 31, 2020.
Determination. (b) AUTHORITY.— During the covered period, the Secretary of
Housing and Urban Development, the Securities and Exchange
Commission, and the Commodity Futures Trading Commission may,
without regard to sections 3309 through 3318 of title 5, United
States Code, recruit and appoint candidates to fill temporary and
term appointments within their respective agencies upon a deter-
mination that those expedited procedures are necessary and appro-
priate to enable the respective agencies to prevent, prepare for,
or respond to COVID–19.
SEC. 4011. TEMPORARY LENDING LIMIT WAIVER.
(a) IN GENERAL.—Section 5200 of the Revised Statutes of the
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United States (12 U.S.C. 84) is amended—
(1) in subsection (c)(7)—
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 479
(A) by inserting ‘‘any nonbank financial company (as
that term is defined in section 102 of the Financial Stability
Act of 2010 (12 U.S.C. 5311)),’’ after ‘‘Loans or extensions
of credit to’’; and
(B) by striking ‘‘financial institution or to’’ and
inserting ‘‘financial institution, or to’’; and
(2) in subsection (d), by adding at the end of paragraph
(1) the following: ‘‘The Comptroller of the Currency may, by
order, exempt any transaction or series of transactions from
the requirements of this section upon a finding by the Comp-
troller that such exemption is in the public interest and con-
sistent with the purposes of this section.’’.
(b) EFFECTIVE PERIOD.—This section, and the amendments 12 USC 84 note.
made by this section, shall be effective during the period beginning
on the date of enactment of this Act and ending on the sooner
of—
(1) the termination date of the national emergency con-
cerning the novel coronavirus disease (COVID–19) outbreak
declared by the President on March 13, 2020 under the National
Emergencies Act (50 U.S.C. 1601 et seq.); or
(2) December 31, 2020.
SEC. 4012. TEMPORARY RELIEF FOR COMMUNITY BANKS. 15 USC 9050.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘appropriate Federal banking agency’’ has
the meaning given the term in section 2 of the Economic
Growth, Regulatory Relief, and Consumer Protection Act (12
U.S.C. 5365 note); and
(2) the terms ‘‘Community Bank Leverage Ratio’’ and
‘‘qualifying community bank’’ have the meanings given the
terms in section 201(a) of the Economic Growth, Regulatory
Relief, and Consumer Protection Act (12 U.S.C. 5371 note).
(b) INTERIM RULE.—
(1) IN GENERAL.—Notwithstanding any other provision of
law or regulation, the appropriate Federal banking agencies
shall issue an interim final rule that provides that, for the
purposes of section 201 of the Economic Growth, Regulatory
Relief, and Consumer Protection Act (12 U.S.C. 5371 note)—
(A) the Community Bank Leverage Ratio shall be 8
percent; and
(B) a qualifying community bank that falls below the
Community Bank Leverage Ratio established under
subparagraph (A) shall have a reasonable grace period
to satisfy the Community Bank Leverage Ratio.
(2) EFFECTIVE PERIOD.—The interim rule issued under
paragraph (1) shall be effective during the period beginning
on the date on which the appropriate Federal banking agencies
issue the rule and ending on the sooner of—
(A) the termination date of the national emergency
concerning the novel coronavirus disease (COVID–19) out-
break declared by the President on March 13, 2020 under
the National Emergencies Act (50 U.S.C. 1601 et seq.);
or
(B) December 31, 2020.
(c) GRACE PERIOD.—During a grace period described in sub-
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section (b)(1)(B), a qualifying community bank to which the grace
period applies may continue to be treated as a qualifying community
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134 STAT. 480 PUBLIC LAW 116–136—MAR. 27, 2020
bank and shall be presumed to satisfy the capital and leverage
requirements described in section 201(c) of the Economic Growth,
Regulatory Relief, and Consumer Protection Act (12 U.S.C. 5371
note).
Time period. SEC. 4013. TEMPORARY RELIEF FROM TROUBLED DEBT
15 USC 9051. RESTRUCTURINGS.
(a) DEFINITIONS.—In this section:
(1) APPLICABLE PERIOD.—The term ‘‘applicable period’’
means the period beginning on March 1, 2020 and ending
on the earlier of December 31, 2020, or the date that is 60
days after the date on which the national emergency concerning
the novel coronavirus disease (COVID–19) outbreak declared
by the President on March 13, 2020 under the National Emer-
gencies Act (50 U.S.C. 1601 et seq.) terminates.
(2) APPROPRIATE FEDERAL BANKING AGENCY.—The term
‘‘appropriate Federal banking agency’’—
(A) has the meaning given the term in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813); and
(B) includes the National Credit Union Administration.
(b) SUSPENSION.—
(1) IN GENERAL.—During the applicable period, a financial
institution may elect to—
(A) suspend the requirements under United States gen-
erally accepted accounting principles for loan modifications
related to the coronavirus disease 2019 (COVID–19) pan-
demic that would otherwise be categorized as a troubled
debt restructuring; and
(B) suspend any determination of a loan modified as
a result of the effects of the coronavirus disease 2019
(COVID–19) pandemic as being a troubled debt restruc-
turing, including impairment for accounting purposes.
(2) APPLICABILITY.—Any suspension under paragraph (1)—
Effective date. (A) shall be applicable for the term of the loan modifica-
tion, but solely with respect to any modification, including
a forbearance arrangement, an interest rate modification,
a repayment plan, and any other similar arrangement that
defers or delays the payment of principal or interest, that
occurs during the applicable period for a loan that was
not more than 30 days past due as of December 31, 2019;
and
(B) shall not apply to any adverse impact on the credit
of a borrower that is not related to the coronavirus disease
2019 (COVID–19) pandemic.
(c) DEFERENCE.—The appropriate Federal banking agency of
the financial institution shall defer to the determination of the
financial institution to make a suspension under this section.
Applicability. (d) RECORDS.—For modified loans for which suspensions under
subsection (a) apply—
(1) financial institutions should continue to maintain
records of the volume of loans involved; and
(2) the appropriate Federal banking agencies may collect
data about such loans for supervisory purposes.
15 USC 9052. SEC. 4014. OPTIONAL TEMPORARY RELIEF FROM CURRENT EXPECTED
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CREDIT LOSSES.
(a) DEFINITIONS.—In this section:
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 481
(1) APPROPRIATE FEDERAL BANKING AGENCY.—The term
‘‘appropriate Federal banking agency’’—
(A) has the meaning given the term in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813); and
(B) includes the National Credit Union Administration.
(2) INSURED DEPOSITORY INSTITUTION.—The term ‘‘insured
depository institution’’—
(A) has the meaning given the term in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813); and
(B) includes a credit union.
(b) TEMPORARY RELIEF FROM CECL STANDARDS.—Notwith- Time period.
standing any other provision of law, no insured depository institu-
tion, bank holding company, or any affiliate thereof shall be required
to comply with the Financial Accounting Standards Board
Accounting Standards Update No. 2016–13 (‘‘Measurement of Credit
Losses on Financial Instruments’’), including the current expected
credit losses methodology for estimating allowances for credit losses,
during the period beginning on the date of enactment of this Act
and ending on the earlier of—
(1) the date on which the national emergency concerning
the novel coronavirus disease (COVID–19) outbreak declared
by the President on March 13, 2020 under the National Emer-
gencies Act (50 U.S.C. 1601 et seq.) terminates; or
(2) December 31, 2020.
SEC. 4015. NON-APPLICABILITY OF RESTRICTIONS ON ESF DURING 12 USC 5236
NATIONAL EMERGENCY. note.
(a) IN GENERAL.—Section 131 of the Emergency Economic Sta- Time period.
bilization Act of 2008 (12 U.S.C. 5236) shall not apply during
the period beginning on the date of enactment of this Act and
ending on December 31, 2020. Any guarantee established as a
result of the application of subsection (a) shall—
(1) be limited to a guarantee of the total value of a share-
holder’s account in a participating fund as of the close of busi-
ness on the day before the announcement of the guarantee;
and
(2) terminate not later than December 31, 2020. Termination
(b) DIRECT APPROPRIATION.—Upon the expiration of the period date.
Reimbursement.
described in subsection (a), there is appropriated, out of amounts
in the Treasury not otherwise appropriated, such sums as may
be necessary to reimburse the fund established under section
5302(a)(1) of title 31, United States Code, for any funds that are
used for the Treasury Money Market Funds Guaranty Program
for the United States money market mutual fund industry to the
extent a claim payment made exceeds the balance of fees collected
by the fund.
SEC. 4016. TEMPORARY CREDIT UNION PROVISIONS.
(a) IN GENERAL.—
(1) DEFINITIONS.—Section 302(1) of the Federal Credit
Union Act (12 U.S.C. 1795a(1)) is amended, in the matter
preceding subparagraph (A), by striking ‘‘primarily serving nat-
ural persons’’.
(2) MEMBERSHIP.—Section 304(b)(2) of the Federal Credit
Union Act (12 U.S.C. 1795c(b)(2)) is amended by striking ‘‘all
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those credit unions’’ and inserting ‘‘such credit unions as the
Board may in its discretion determine’’.
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134 STAT. 482 PUBLIC LAW 116–136—MAR. 27, 2020
(3) EXTENSIONS OF CREDIT.—Section 306(a)(1) of the Fed-
eral Credit Union Act (12 U.S.C. 1795e(a)(1)) is amended, in
the second sentence, by striking ‘‘the intent of which is to
expand credit union portfolios’’ and inserting ‘‘without first
having obtained evidence from the applicant that the applicant
has made reasonable efforts to first use primary sources of
liquidity of the applicant, including balance sheet and market
funding sources, to address the liquidity needs of the applicant’’.
Time period. (4) POWERS OF THE BOARD.—Section 307(a)(4)(A) of the
Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)) is amended
by inserting ‘‘, provided that, the total face value of such obliga-
tions shall not exceed 16 times the subscribed capital stock
and surplus of the Facility for the period beginning on the
date of enactment of the Coronavirus Economic Stabilization
Act of 2020 and ending on December 31, 2020’’ after ‘‘Facility’’.
(b) SUNSET.—
(1) IN GENERAL.—
(A) DEFINITIONS.—Section 302(1) of the Federal Credit
Union Act (12 U.S.C. 1795a(1)) is amended, in the matter
preceding subparagraph (A), by inserting ‘‘primarily serving
natural persons’’ after ‘‘credit unions’’.
(B) MEMBERSHIP.—Section 304(b)(2) of the Federal
Credit Union Act (12 U.S.C. 1795c(b)(2)) is amended by
striking ‘‘such credit unions as the Board may in its discre-
tion determine’’ and inserting ‘‘all those credit unions’’.
(C) EXTENSIONS OF CREDIT.—Section 306(a)(1) of the
Federal Credit Union Act (12 U.S.C. 1795e(a)(1)) is
amended, in the second sentence, by striking ‘‘without first
having obtained evidence from the applicant that the
applicant has made reasonable efforts to first use primary
sources of liquidity of the applicant, including balance sheet
and market funding sources, to address the liquidity needs
of the applicant’’ and inserting ‘‘the intent of which is
to expand credit union portfolios’’.
12 USC 1795a (2) EFFECTIVE DATE.—The amendments made by paragraph
note. (1) shall take effect on December 31, 2020.
Time periods. SEC. 4017. INCREASING ACCESS TO MATERIALS NECESSARY FOR
50 USC 4532 NATIONAL SECURITY AND PANDEMIC RECOVERY.
note.
Notwithstanding any other provision of law—
(1) during the 2-year period beginning on the date of enact-
ment of this Act, the requirements described in sections
303(a)(6)(C) and 304(e) of the Defense Production Act of 1950
(50 U.S.C. 4533(a)(6)(C), 4534(e)) shall not apply; and
(2) during the 1-year period beginning on the date of enact-
ment of this Act, the requirements described in sections
302(d)(1) and 303 (a)(6)(B) of the Defense Production Act of
1950 (50 U.S.C. 4532(d)(1), 4533(a)(6)(B)) shall not apply.
15 USC 9053. SEC. 4018. SPECIAL INSPECTOR GENERAL FOR PANDEMIC RECOVERY.
Establishment. (a) OFFICE OF INSPECTOR GENERAL.—There is hereby estab-
lished within the Department of the Treasury the Office of the
Special Inspector General for Pandemic Recovery.
(b) APPOINTMENT OF INSPECTOR GENERAL; REMOVAL.—
President. (1) IN GENERAL.—The head of the Office of the Special
Inspector General for Pandemic Recovery shall be the Special
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Inspector General for Pandemic Recovery (referred to in this
section as the ‘‘Special Inspector General’’), who shall be
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 483
appointed by the President, by and with the advice and consent
of the Senate.
(2) NOMINATION.—The nomination of the Special Inspector
General shall be made on the basis of integrity and dem-
onstrated ability in accounting, auditing, financial analysis,
law, management analysis, public administration, or investiga-
tions. The nomination of an individual as Special Inspector
General shall be made as soon as practicable after any loan,
loan guarantee, or other investment is made under section
4003.
(3) REMOVAL.—The Special Inspector General shall be
removable from office in accordance with the provisions of
section 3(b) of the Inspector General Act of 1978 (5 U.S.C.
App.).
(4) POLITICAL ACTIVITY.—For purposes of section 7324 of
title 5, United States Code, the Special Inspector General shall
not be considered an employee who determines policies to be
pursued by the United States in the nationwide administration
of Federal law.
(5) BASIC PAY.—The annual rate of basic pay of the Special
Inspector General shall be the annual rate of basic pay for
an Inspector General under section 3(e) of the Inspector General
Act of 1978 (5 U.S.C. App.).
(c) DUTIES.—
(1) IN GENERAL.—It shall be the duty of the Special Audits.
Inspector General to, in accordance with section 4(b)(1) of the Summary.
Inspector General Act of 1978 (5 U.S.C. App.), conduct, super-
vise, and coordinate audits and investigations of the making,
purchase, management, and sale of loans, loan guarantees,
and other investments made by the Secretary of the Treasury
under any program established by the Secretary under this
Act, and the management by the Secretary of any program
established under this Act, including by collecting and summa-
rizing the following information:
(A) A description of the categories of the loans, loan
guarantees, and other investments made by the Secretary.
(B) A listing of the eligible businesses receiving loan, List.
loan guarantees, and other investments made under each
category described in subparagraph (A).
(C) An explanation of the reasons the Secretary deter-
mined it to be appropriate to make each loan or loan
guarantee under this Act, including a justification of the
price paid for, and other financial terms associated with,
the applicable transaction.
(D) A listing of, and detailed biographical information List.
with respect to, each person hired to manage or service
each loan, loan guarantee, or other investment made under
section 4003.
(E) A current, as of the date on which the information Estimate.
is collected, estimate of the total amount of each loan,
loan guarantee, and other investment made under this
Act that is outstanding, the amount of interest and fees
accrued and received with respect to each loan or loan
guarantee, the total amount of matured loans, the type
and amount of collateral, if any, and any losses or gains,
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if any, recorded or accrued for each loan, loan guarantee,
or other investment.
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134 STAT. 484 PUBLIC LAW 116–136—MAR. 27, 2020
Procedures. (2) MAINTENANCE OF SYSTEMS.—The Special Inspector Gen-
eral shall establish, maintain, and oversee such systems, proce-
dures, and controls as the Special Inspector General considers
appropriate to discharge the duties of the Special Inspector
General under paragraph (1).
(3) ADDITIONAL DUTIES AND RESPONSIBILITIES.—In addition
to the duties described in paragraphs (1) and (2), the Special
Inspector General shall also have the duties and responsibilities
of inspectors general under the Inspector General Act of 1978
(5 U.S.C. App.).
(d) POWERS AND AUTHORITIES.—
(1) IN GENERAL.—In carrying out the duties of the Special
Inspector General under subsection (c), the Special Inspector
General shall have the authorities provided in section 6 of
the Inspector General Act of 1978 (5 U.S.C. App.).
(2) TREATMENT OF OFFICE.—The Office of the Special
Inspector General for Pandemic Recovery shall be considered
to be an office described in section 6(f)(3) of the Inspector
General Act of 1978 (5 U.S.C. App.) and shall be exempt from
an initial determination by the Attorney General under section
6(f)(2) of that Act.
(e) PERSONNEL, FACILITIES, AND OTHER RESOURCES.—
(1) APPOINTMENT OF OFFICERS AND EMPLOYEES.—The Spe-
cial Inspector General may select, appoint, and employ such
officers and employees as may be necessary for carrying out
the duties of the Special Inspector General, subject to the
provisions of title 5, United States Code, governing appoint-
ments in the competitive service, and the provisions of chapter
51 and subchapter III of chapter 53 of that title, relating
to classification and General Schedule pay rates.
(2) EXPERTS AND CONSULTANTS.—The Special Inspector
General may obtain services as authorized under section 3109
of title 5, United States Code, at daily rates not to exceed
the equivalent rate prescribed for grade GS–15 of the General
Schedule by section 5332 of that title.
(3) CONTRACTS.—The Special Inspector General may enter
into contracts and other arrangements for audits, studies, anal-
yses, and other services with public agencies and with private
persons, and make such payments as may be necessary to
carry out the duties of the Inspector General.
(4) REQUESTS FOR INFORMATION.—
(A) IN GENERAL.—Upon request of the Special Inspector
General for information or assistance from any department,
agency, or other entity of the Federal Government, the
head of that department, agency, or entity shall, to the
extent practicable and not in contravention of any existing
law, furnish that information or assistance to the Special
Inspector General, or an authorized designee.
(B) REFUSAL TO PROVIDE REQUESTED INFORMATION.—
Reports. Whenever information or assistance requested by the Spe-
cial Inspector General is, in the judgment of the Special
Inspector General, unreasonably refused or not provided,
the Special Inspector General shall report the cir-
cumstances to the appropriate committees of Congress
without delay.
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(f) REPORTS.—
(1) QUARTERLY REPORTS.—
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 485
(A) IN GENERAL.—Not later than 60 days after the Summary.
date on which the Special Inspector General is confirmed, Time period.
and once every calendar quarter thereafter, the Special
Inspector General shall submit to the appropriate commit-
tees of Congress a report summarizing the activities of
the Special Inspector General during the 3-month period
ending on the date on which the Special Inspector General
submits the report.
(B) CONTENTS.—Each report submitted under subpara-
graph (A) shall include, for the period covered by the report,
a detailed statement of all loans, loan guarantees, other
transactions, obligations, expenditures, and revenues asso-
ciated with any program established by the Secretary under
section 4003, as well as the information collected under
subsection (c)(1).
(2) RULE OF CONSTRUCTION.—Nothing in this subsection
may be construed to authorize the public disclosure of informa-
tion that is—
(A) specifically prohibited from disclosure by any other
provision of law;
(B) specifically required by Executive order to be pro-
tected from disclosure in the interest of national defense
or national security or in the conduct of foreign affairs;
or
(C) a part of an ongoing criminal investigation.
(g) FUNDING.—
(1) IN GENERAL.—Of the amounts made available to the
Secretary under section 4027, $25,000,000 shall be made avail-
able to the Special Inspector General to carry out this section.
(2) AVAILABILITY.—The amounts made available to the Spe-
cial Inspector General under paragraph (1) shall remain avail-
able until expended.
(h) TERMINATION.—The Office of the Special Inspector General
shall terminate on the date 5 years after the enactment of this
Act.
(i) COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY.—The Special Inspector General shall be a member
of the Council of the Inspectors General on Integrity and Efficiency
established under section 11 of the Inspector General Act of 1978
(5 U.S.C. App.) until the date of termination of the Office of the
Special Inspector General.
(j) CORRECTIVE RESPONSES TO AUDIT PROBLEMS.—The Sec-
retary shall—
(1) take action to address deficiencies identified by a report
or investigation of the Special Inspector General; or
(2) with respect to a deficiency identified under paragraph Certification.
(1), certify to the Committee on Banking, Housing, and Urban
Affairs of the Senate, the Committee on Finance of the Senate,
the Committee on Financial Services of the House of Represent-
atives, and the Committee on Ways and Means of the House
of Representatives that no action is necessary or appropriate.
SEC. 4019. CONFLICTS OF INTEREST. 15 USC 9054.
(a) DEFINITIONS.—In this section:
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(1) CONTROLLING INTEREST.—The term ‘‘controlling
interest’’ means owning, controlling, or holding not less than
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134 STAT. 486 PUBLIC LAW 116–136—MAR. 27, 2020
20 percent, by vote or value, of the outstanding amount of
any class of equity interest in an entity.
(2) COVERED ENTITY.—The term ‘‘covered entity’’ means
an entity in which a covered individual directly or indirectly
holds a controlling interest. For the purpose of determining
whether an entity is a covered entity, the securities owned,
controlled, or held by 2 or more individuals who are related
as described in paragraph (3)(B) shall be aggregated.
(3) COVERED INDIVIDUAL.—The term ‘‘covered individual’’
means—
(A) the President, the Vice President, the head of an
Executive department, or a Member of Congress; and
(B) the spouse, child, son-in-law, or daughter-in-law,
as determined under applicable common law, of an indi-
vidual described in subparagraph (A).
(4) EXECUTIVE DEPARTMENT.—The term ‘‘Executive depart-
ment’’ has the meaning given the term in section 101 of title
5, United States Code.
(5) MEMBER OF CONGRESS.—The term ‘‘member of Con-
gress’’ means a member of the Senate or House of Representa-
tives, a Delegate to the House of Representatives, and the
Resident Commissioner from Puerto Rico.
(6) EQUITY INTEREST.—The term ‘‘equity interest’’ means—
(A) a share in an entity, without regard to whether
the share is—
(i) transferable; or
(ii) classified as stock or anything similar;
(B) a capital or profit interest in a limited liability
company or partnership; or
(C) a warrant or right, other than a right to convert,
to purchase, sell, or subscribe to a share or interest
described in subparagraph (A) or (B), respectively.
(b) PROHIBITION.—Notwithstanding any other provision of this
subtitle, no covered entity may be eligible for any transaction
described in section 4003.
Certification. (c) REQUIREMENT.—The principal executive officer and the prin-
cipal financial officer, or individuals performing similar functions,
of an entity seeking to enter a transaction under section 4003
shall, before that transaction is approved, certify to the Secretary
and the Board of Governors of the Federal Reserve System that
the entity is eligible to engage in that transaction, including that
the entity is not a covered entity.
15 USC 9055. SEC. 4020. CONGRESSIONAL OVERSIGHT COMMISSION.
(a) ESTABLISHMENT.—There is hereby established the Congres-
sional Oversight Commission (hereafter in this section referred
to as the ‘‘Oversight Commission’’) as an establishment in the
legislative branch.
(b) DUTIES.—
(1) IN GENERAL.—The Oversight Commission shall—
(A) conduct oversight of the implementation of this
subtitle by the Department of the Treasury and the Board
of Governors of the Federal Reserve System, including
efforts of the Department and the Board to provide eco-
whamilton on LAP1Z6H6L3PROD with STATUTES
nomic stability as a result of the coronavirus disease 2019
(COVID–19) pandemic of 2020;
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 487
(B) submit to Congress reports under paragraph (2);
and
(C) review the implementation of this subtitle by the
Federal Government.
(2) REGULAR REPORTS.—
(A) IN GENERAL.—Reports of the Oversight Commission
shall include the following:
(i) The use by the Secretary and the Board of
Governors of the Federal Reserve System of authority
under this subtitle, including with respect to the use
of contracting authority and administration of the
provisions of this subtitle.
(ii) The impact of loans, loan guarantees, and
investments made under this subtitle on the financial
well-being of the people of the United States and the
United States economy, financial markets, and finan-
cial institutions.
(iii) The extent to which the information made
available on transactions under this subtitle has
contributed to market transparency.
(iv) The effectiveness of loans, loan guarantees,
and investments made under this subtitle of mini-
mizing long-term costs to the taxpayers and maxi-
mizing the benefits for taxpayers.
(B) TIMING.—The reports required under this para-
graph shall be submitted not later than 30 days after
the first exercise by the Secretary and the Board of Gov-
ernors of the Federal Reserve System of the authority
under this subtitle and every 30 days thereafter.
(c) MEMBERSHIP.—
(1) IN GENERAL.—The Oversight Commission shall consist Appointments.
of 5 members as follows:
(A) 1 member appointed by the Speaker of the House
of Representatives.
(B) 1 member appointed by the minority leader of
the House of Representatives.
(C) 1 member appointed by the majority leader of
the Senate.
(D) 1 member appointed by the minority leader of
the Senate.
(E) 1 member appointed as Chairperson by the Speaker Consultation.
of the House of Representatives and the majority leader
of the Senate, after consultation with the minority leader
of the Senate and the minority leader of the House of
Representatives
(2) PAY.—Each member of the Oversight Commission shall
be paid at a rate equal to the daily equivalent of the annual
rate of basic pay for level I of the Executive Schedule for
each day (including travel time) during which such member
is engaged in the actual performance of duties vested in the
Oversight Commission.
(3) PROHIBITION OF COMPENSATION OF FEDERAL
EMPLOYEES.—Members of the Oversight Commission who are
full-time officers or employees of the United States may not
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receive additional pay, allowances, or benefits by reason of
their service on the Oversight Commission.
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134 STAT. 488 PUBLIC LAW 116–136—MAR. 27, 2020
(4) TRAVEL EXPENSES.—Each member shall receive travel
expenses, including per diem in lieu of subsistence, in accord-
ance with applicable provisions under subchapter I of chapter
57 of title 5, United States Code.
(5) QUORUM.—Four members of the Oversight Commission
shall constitute a quorum but a lesser number may hold
hearings.
(6) VACANCIES.—A vacancy on the Oversight Commission
shall be filled in the manner in which the original appointment
was made.
(7) MEETINGS.—The Oversight Commission shall meet at
the call of the Chairperson or a majority of its members.
(d) STAFF.—
(1) IN GENERAL.—The Oversight Commission may appoint
and fix the pay of any personnel as the Oversight Commission
considers appropriate.
(2) EXPERTS AND CONSULTANTS.—The Oversight Commis-
sion may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
(3) STAFF OF AGENCIES.—Upon request of the Oversight
Commission, the head of any Federal department or agency
may detail, on a reimbursable basis, any of the personnel
of that department or agency to the Oversight Commission
to assist it in carrying out its duties under the this subtitle.
(e) POWERS.—
(1) HEARINGS AND EVIDENCE.—The Oversight Commission,
or any subcommittee or member thereof, may, for the purpose
of carrying out this section hold hearings, sit and act at times
and places, take testimony, and receive evidence as the Over-
sight Commission considers appropriate and may administer
oaths or affirmations to witnesses appearing before it.
(2) CONTRACTING.—The Oversight Commission may, to
such extent and in such amounts as are provided in appropria-
tion Acts, enter into contracts to enable the Oversight Commis-
sion to discharge its duties under this section.
(3) POWERS OF MEMBERS AND AGENTS.—Any member or
agent of the Oversight Commission may, if authorized by the
Oversight Commission, take any action which the Oversight
Commission is authorized to take by this section.
(4) OBTAINING OFFICIAL DATA.—The Oversight Commission
may secure directly from any department or agency of the
United States information necessary to enable it to carry out
this section. Upon request of the Chairperson of the Oversight
Commission, the head of that department or agency shall fur-
nish that information to the Oversight Commission.
(5) REPORTS.—The Oversight Commission shall receive and
consider all reports required to be submitted to the Oversight
Commission under this subtitle.
(f) TERMINATION.—The Oversight Commission shall terminate
on September 30, 2025.
(g) FUNDING FOR EXPENSES.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to the Oversight Commission such
sums as may be necessary for any fiscal year, half of which
shall be derived from the applicable account of the House
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of Representatives, and half of which shall be derived from
the contingent fund of the Senate.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 489
(2) REIMBURSEMENT OF AMOUNTS.—An amount equal to
the expenses of the Oversight Commission shall be promptly
transferred by the Secretary and the Board of Governors of
the Federal Reserve System, from time to time upon the
presentment of a statement of such expenses by the Chair-
person of the Oversight Commission, from funds made available
to the Secretary under this subtitle to the applicable fund
of the House of Representatives and the contingent fund of
the Senate, as appropriate, as reimbursement for amounts
expended from such account and fund under paragraph (1).
SEC. 4021. CREDIT PROTECTION DURING COVID–19.
Section 623(a)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681s–2(a)(1)) is amended by adding at the end the following:
‘‘(F) REPORTING INFORMATION DURING COVID–19 PAN-
DEMIC.—
‘‘(i) DEFINITIONS.—In this subsection:
‘‘(I) ACCOMMODATION.—The term ‘accommoda-
tion’ includes an agreement to defer 1 or more
payments, make a partial payment, forbear any
delinquent amounts, modify a loan or contract,
or any other assistance or relief granted to a con-
sumer who is affected by the coronavirus disease
2019 (COVID–19) pandemic during the covered
period.
‘‘(II) COVERED PERIOD.—The term ‘covered
period’ means the period beginning on January
31, 2020 and ending on the later of—
‘‘(aa) 120 days after the date of enactment
of this subparagraph; or
‘‘(bb) 120 days after the date on which
the national emergency concerning the novel
coronavirus disease (COVID–19) outbreak
declared by the President on March 13, 2020
under the National Emergencies Act (50
U.S.C. 1601 et seq.) terminates.
‘‘(ii) REPORTING.—Except as provided in clause (iii),
if a furnisher makes an accommodation with respect
to 1 or more payments on a credit obligation or account
of a consumer, and the consumer makes the payments
or is not required to make 1 or more payments pursu-
ant to the accommodation, the furnisher shall—
‘‘(I) report the credit obligation or account as
current; or
‘‘(II) if the credit obligation or account was
delinquent before the accommodation—
‘‘(aa) maintain the delinquent status
during the period in which the accommodation
is in effect; and
‘‘(bb) if the consumer brings the credit
obligation or account current during the period
described in item (aa), report the credit obliga-
tion or account as current.
‘‘(iii) EXCEPTION.—Clause (ii) shall not apply with
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respect to a credit obligation or account of a consumer
that has been charged-off.’’.
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134 STAT. 490 PUBLIC LAW 116–136—MAR. 27, 2020
Time periods. SEC. 4022. FORECLOSURE MORATORIUM AND CONSUMER RIGHT TO
15 USC 9056. REQUEST FORBEARANCE.
(a) DEFINITIONS.—In this section:
(1) COVID–19 EMERGENCY.—The term ‘‘COVID–19 emer-
gency’’ means the national emergency concerning the novel
coronavirus disease (COVID–19) outbreak declared by the
President on March 13, 2020 under the National Emergencies
Act (50 U.S.C. 1601 et seq.).
(2) FEDERALLY BACKED MORTGAGE LOAN.—The term ‘‘Feder-
ally backed mortgage loan’’ includes any loan which is secured
by a first or subordinate lien on residential real property
(including individual units of condominiums and cooperatives)
designed principally for the occupancy of from 1- to 4- families
that is—
(A) insured by the Federal Housing Administration
under title II of the National Housing Act (12 U.S.C. 1707
et seq.);
(B) insured under section 255 of the National Housing
Act (12 U.S.C. 1715z–20);
(C) guaranteed under section 184 or 184A of the
Housing and Community Development Act of 1992 (12
U.S.C. 1715z–13a, 1715z–13b);
(D) guaranteed or insured by the Department of Vet-
erans Affairs;
(E) guaranteed or insured by the Department of Agri-
culture;
(F) made by the Department of Agriculture; or
(G) purchased or securitized by the Federal Home Loan
Mortgage Corporation or the Federal National Mortgage
Association.
(b) FORBEARANCE.—
(1) IN GENERAL.—During the covered period, a borrower
with a Federally backed mortgage loan experiencing a financial
hardship due, directly or indirectly, to the COVID–19 emer-
gency may request forbearance on the Federally backed mort-
gage loan, regardless of delinquency status, by—
(A) submitting a request to the borrower’s servicer;
and
(B) affirming that the borrower is experiencing a finan-
cial hardship during the COVID–19 emergency.
(2) DURATION OF FORBEARANCE.—Upon a request by a bor-
rower for forbearance under paragraph (1), such forbearance
shall be granted for up to 180 days, and shall be extended
for an additional period of up to 180 days at the request
of the borrower, provided that, at the borrower’s request, either
the initial or extended period of forbearance may be shortened.
(3) ACCRUAL OF INTEREST OR FEES.—During a period of
forbearance described in this subsection, no fees, penalties,
or interest beyond the amounts scheduled or calculated as
if the borrower made all contractual payments on time and
in full under the terms of the mortgage contract, shall accrue
on the borrower’s account.
(c) REQUIREMENTS FOR SERVICERS.—
(1) IN GENERAL.—Upon receiving a request for forbearance
from a borrower under subsection (b), the servicer shall with
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no additional documentation required other than the borrower’s
attestation to a financial hardship caused by the COVID–19
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 491
emergency and with no fees, penalties, or interest (beyond
the amounts scheduled or calculated as if the borrower made
all contractual payments on time and in full under the terms
of the mortgage contract) charged to the borrower in connection
with the forbearance, provide the forbearance for up to 180
days, which may be extended for an additional period of up
to 180 days at the request of the borrower, provided that,
the borrower’s request for an extension is made during the
covered period, and, at the borrower’s request, either the initial
or extended period of forbearance may be shortened.
(2) FORECLOSURE MORATORIUM.—Except with respect to a
vacant or abandoned property, a servicer of a Federally backed
mortgage loan may not initiate any judicial or non-judicial
foreclosure process, move for a foreclosure judgment or order
of sale, or execute a foreclosure-related eviction or foreclosure
sale for not less than the 60-day period beginning on March
18, 2020.
SEC. 4023. FORBEARANCE OF RESIDENTIAL MORTGAGE LOAN PAY- 15 USC 9057.
MENTS FOR MULTIFAMILY PROPERTIES WITH FEDER-
ALLY BACKED LOANS.
(a) IN GENERAL.—During the covered period, a multifamily
borrower with a Federally backed multifamily mortgage loan experi-
encing a financial hardship due, directly or indirectly, to the
COVID–19 emergency may request a forbearance under the terms
set forth in this section.
(b) REQUEST FOR RELIEF.—A multifamily borrower with a Fed- Effective date.
erally backed multifamily mortgage loan that was current on its
payments as of February 1, 2020, may submit an oral or written
request for forbearance under subsection (a) to the borrower’s
servicer affirming that the multifamily borrower is experiencing
a financial hardship during the COVID–19 emergency.
(c) FORBEARANCE PERIOD.—
(1) IN GENERAL.—Upon receipt of an oral or written request
for forbearance from a multifamily borrower, a servicer shall—
(A) document the financial hardship;
(B) provide the forbearance for up to 30 days; and
(C) extend the forbearance for up to 2 additional 30
day periods upon the request of the borrower provided
that, the borrower’s request for an extension is made during
the covered period, and, at least 15 days prior to the
end of the forbearance period described under subpara-
graph (B).
(2) RIGHT TO DISCONTINUE.—A multifamily borrower shall
have the option to discontinue the forbearance at any time.
(d) RENTER PROTECTIONS DURING FORBEARANCE PERIOD.—A
multifamily borrower that receives a forbearance under this section
may not, for the duration of the forbearance—
(1) evict or initiate the eviction of a tenant from a dwelling
unit located in or on the applicable property solely for non-
payment of rent or other fees or charges; or
(2) charge any late fees, penalties, or other charges to
a tenant described in paragraph (1) for late payment of rent.
(e) NOTICE.—A multifamily borrower that receives a forbear-
ance under this section—
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(1) may not require a tenant to vacate a dwelling unit Time period.
located in or on the applicable property before the date that
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134 STAT. 492 PUBLIC LAW 116–136—MAR. 27, 2020
is 30 days after the date on which the borrower provides
the tenant with a notice to vacate; and
(2) may not issue a notice to vacate under paragraph (1)
until after the expiration of the forbearance.
(f) DEFINITIONS.—In this section:
(1) APPLICABLE PROPERTY.—The term ‘‘applicable property’’,
with respect to a Federally backed multifamily mortgage loan,
means the residential multifamily property against which the
mortgage loan is secured by a lien.
(2) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.—
The term ‘‘Federally backed multifamily mortgage loan’’
includes any loan (other than temporary financing such as
a construction loan) that—
(A) is secured by a first or subordinate lien on residen-
tial multifamily real property designed principally for the
occupancy of 5 or more families, including any such secured
loan, the proceeds of which are used to prepay or pay
off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed,
supplemented, or assisted in any way, by any officer or
agency of the Federal Government or under or in connection
with a housing or urban development program adminis-
tered by the Secretary of Housing and Urban Development
or a housing or related program administered by any other
such officer or agency, or is purchased or securitized by
the Federal Home Loan Mortgage Corporation or the Fed-
eral National Mortgage Association.
(3) MULTIFAMILY BORROWER.—the term ‘‘multifamily bor-
rower’’ means a borrower of a residential mortgage loan that
is secured by a lien against a property comprising 5 or more
dwelling units.
(4) COVID–19 EMERGENCY.—The term ‘‘COVID–19 emer-
gency’’ means the national emergency concerning the novel
coronavirus disease (COVID–19) outbreak declared by the
President on March 13, 2020 under the National Emergencies
Act (50 U.S.C. 1601 et seq.).
(5) COVERED PERIOD.—The term ‘‘covered period’’ means
the period beginning on the date of enactment of this Act
and ending on the sooner of—
(A) the termination date of the national emergency
concerning the novel coronavirus disease (COVID–19) out-
break declared by the President on March 13, 2020 under
the National Emergencies Act (50 U.S.C. 1601 et seq.);
or
(B) December 31, 2020.
15 USC 9058. SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FILINGS.
(a) DEFINITIONS.—In this section:
(1) COVERED DWELLING.—The term ‘‘covered dwelling’’
means a dwelling that—
(A) is occupied by a tenant—
(i) pursuant to a residential lease; or
(ii) without a lease or with a lease terminable
under State law; and
(B) is on or in a covered property.
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(2) COVERED PROPERTY.—The term ‘‘covered property’’
means any property that—
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 493
(A) participates in—
(i) a covered housing program (as defined in section
41411(a) of the Violence Against Women Act of 1994
(34 U.S.C. 12491(a))); or
(ii) the rural housing voucher program under sec-
tion 542 of the Housing Act of 1949 (42 U.S.C. 1490r);
or
(B) has a—
(i) Federally backed mortgage loan; or
(ii) Federally backed multifamily mortgage loan.
(3) DWELLING.—The term ‘‘dwelling’’—
(A) has the meaning given the term in section 802
of the Fair Housing Act (42 U.S.C. 3602); and
(B) includes houses and dwellings described in section
803(b) of such Act (42 U.S.C. 3603(b)).
(4) FEDERALLY BACKED MORTGAGE LOAN.—The term ‘‘Feder-
ally backed mortgage loan’’ includes any loan (other than tem-
porary financing such as a construction loan) that—
(A) is secured by a first or subordinate lien on residen-
tial real property (including individual units of condomin-
iums and cooperatives) designed principally for the occu-
pancy of from 1 to 4 families, including any such secured
loan, the proceeds of which are used to prepay or pay
off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed,
supplemented, or assisted in any way, by any officer or
agency of the Federal Government or under or in connection
with a housing or urban development program adminis-
tered by the Secretary of Housing and Urban Development
or a housing or related program administered by any other
such officer or agency, or is purchased or securitized by
the Federal Home Loan Mortgage Corporation or the Fed-
eral National Mortgage Association.
(5) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.—
The term ‘‘Federally backed multifamily mortgage loan’’
includes any loan (other than temporary financing such as
a construction loan) that—
(A) is secured by a first or subordinate lien on residen-
tial multifamily real property designed principally for the
occupancy of 5 or more families, including any such secured
loan, the proceeds of which are used to prepay or pay
off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed,
supplemented, or assisted in any way, by any officer or
agency of the Federal Government or under or in connection
with a housing or urban development program adminis-
tered by the Secretary of Housing and Urban Development
or a housing or related program administered by any other
such officer or agency, or is purchased or securitized by
the Federal Home Loan Mortgage Corporation or the Fed-
eral National Mortgage Association.
(b) MORATORIUM.—During the 120-day period beginning on the Time period.
date of enactment of this Act, the lessor of a covered dwelling
may not—
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(1) make, or cause to be made, any filing with the court
of jurisdiction to initiate a legal action to recover possession
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134 STAT. 494 PUBLIC LAW 116–136—MAR. 27, 2020
of the covered dwelling from the tenant for nonpayment of
rent or other fees or charges; or
(2) charge fees, penalties, or other charges to the tenant
related to such nonpayment of rent.
(c) NOTICE.—The lessor of a covered dwelling unit—
Time period. (1) may not require the tenant to vacate the covered
dwelling unit before the date that is 30 days after the date
on which the lessor provides the tenant with a notice to vacate;
and
(2) may not issue a notice to vacate under paragraph (1)
until after the expiration of the period described in subsection
(b).
15 USC 9059. SEC. 4025. PROTECTION OF COLLECTIVE BARGAINING AGREEMENT.
(a) IN GENERAL.—Neither the Secretary, nor any other actor,
department, or agency of the Federal Government, shall condition
the issuance of a loan or loan guarantee under paragraph (1),
(2), or (3) of section 4003(b) of this subtitle on an air carrier’s
or eligible business’s implementation of measures to enter into
negotiations with the certified bargaining representative of a craft
or class of employees of the air carrier or eligible business under
the Railway Labor Act (45 U.S.C. 151 et seq.) or the National
Labor Relations Act (29 U.S.C. 151 et seq.), regarding pay or other
terms and conditions of employment.
(b) PERIOD OF EFFECT.—With respect to an air carrier or eligible
business to which the loan or loan guarantee is provided under
this subtitle, this section shall be in effect with respect to the
air carrier or eligible business beginning on the date on which
the air carrier or eligible business is first issued such loan or
loan guarantee and ending on the date that is 1 year after the
loan or loan guarantee is no longer outstanding.
15 USC 9060. SEC. 4026. REPORTS.
Web posting. (a) DISCLOSURE OF TRANSACTIONS.—Not later than 72 hours
after any transaction by the Secretary under paragraph (1), (2),
or (3) of section 4003(b), the Secretary shall publish on the website
of the Department of the Treasury—
(1) a plain-language description of the transaction,
including the date of application, date of application approval,
and identity of the counterparty;
(2) the amount of the loan or loan guarantee;
(3) the interest rate, conditions, and any other material
or financial terms associated with the transaction, if applicable;
and
Records. (4) a copy of the relevant and final term sheet, if applicable,
and contract or other relevant documentation regarding the
transaction.
(b) REPORTS.—
(1) TO CONGRESS.—
(A) IN GENERAL.—In addition to such reports as are
required under section 5302(c) of title 31, United States
Code, not later than 7 days after the Secretary makes
any loan or loan guarantee under paragraph (1), (2), or
(3) of section 4003(b), the Secretary shall submit to the
Chairmen and Ranking Members of the Committee on
Banking, Housing, and Urban Affairs and the Committee
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on Finance of the Senate and the Chairmen and Ranking
Members of the Committee on Financial Services and the
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 495
Committee on Ways and Means of the House of Representa-
tives a report summarizing—
(i) an overview of actions taken by the Secretary
under paragraph (1), (2) or (3) of section 4003(b) during
such period;
(ii) the actual obligation, expenditure, and
disbursements of the funds during such period; and
(iii) a detailed financial statement with respect
to the exercise of authority under paragraph (1), (2)
or (3) of section 4003(b) showing—
(I) all loans and loan guarantees made,
renewed, or restructured;
(II) all transactions during such period,
including the types of parties involved;
(III) the nature of the assets purchased;
(IV) a description of the vehicles established
to exercise such authority; and
(V) any or all repayment activity, delin-
quencies or defaults on loans and loan guarantees
issued under paragraph (1), (2) or (3) of section
4003(b).
(B) PUBLICATION.—Not later than 7 days after the Web posting.
date on which the Secretary submits a report under
subparagraph (A) to the committees of Congress described
in such subparagraph, the Secretary shall publish such
report on the website of the Department of the Treasury.
(C) 30-DAY REPORTS.—Every 30 days during such time Web posting.
as a loan or loan guarantee under paragraph (1), (2), or
(3) of section 4003(b) is outstanding, the Secretary shall
publish on the website of the Department of the Treasury
a report summarizing the information set forth in subpara-
graph (A).
(2) BOARD OF GOVERNORS.—
(A) IN GENERAL.—With respect to any program or
facility described in paragraph (4) of section 4003(b), the
Board of Governors of the Federal Reserve System shall
provide to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Serv-
ices of the House of Representatives such reports as are
required to be provided under section 13(3) of the Federal
Reserve Act (12 U.S.C. 343(3))—
(i) not later than 7 days after the Board authorizes
a new facility or other financial assistance in accord-
ance with section 13(3)(C)(i) of the Federal Reserve
Act (12 U.S.C. 343(3)(C)(i)); and
(ii) once every 30 days with respect to outstanding
loans or financial assistance in accordance with section
13(3)(C)(ii) of the Federal Reserve Act (12 U.S.C.
343(3)(C)(ii)).
(B) PUBLICATION.—Not later than 7 days after the Deadline.
Board of Governors of the Federal Reserve System submits Web posting.
a report under subparagraph (A) to the committees of Con-
gress described in subparagraph (A), the Board shall pub-
lish on its website such report.
(c) TESTIMONY.—The Secretary and the Chairman of the Board Time period.
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of Governors of the Federal Reserve System shall testify, on a
quarterly basis, before the Committee on Banking, Housing, and
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134 STAT. 496 PUBLIC LAW 116–136—MAR. 27, 2020
Urban Affairs of the Senate and the Committee on Financial Serv-
ices of the House of Representatives regarding the obligations of
the Department of the Treasury and the Federal Reserve System,
and transactions entered into, under this Act.
Web posting. (d) PROGRAM DESCRIPTIONS.—The Secretary shall post on the
Criteria. website of the Department of the Treasury all criteria, guidelines,
Guidelines.
Requirements.
eligibility requirements, and application materials for the making
of any loan or loan guarantee under paragraph (1), (2), or (3)
of section 4003(b).
Deadline. (e) ADMINISTRATIVE CONTRACTS.—Not later than 24 hours after
Web posting. the Secretary enters into a contract in connection with the adminis-
Records.
tration of any loan or loan guarantee authorized to be made under
paragraph (1), (2), or (3) of section 4003(b), the Secretary shall
post on the website of the Department of the Treasury a copy
of the contract.
(f) GOVERNMENT ACCOUNTABILITY OFFICE.—
(1) STUDY.—The Comptroller General of the United States
shall conduct a study on the loans, loan guarantees, and other
investments provided under section 4003.
Time period. (2) REPORT.—Not later than 9 months after the date of
enactment of this Act, and annually thereafter through the
year succeeding the last year for which loans, loan guarantees,
or other investments made under section 4003 are outstanding,
the Comptroller General shall submit to the Committee on
Financial Services, the Committee on Transportation and Infra-
structure, the Committee on Appropriations, and the Committee
on the Budget of the House of Representatives and the Com-
mittee on Banking, Housing, and Urban Affairs, the Committee
on Commerce, Science, and Transportation, the Committee on
Appropriations, and the Committee on the Budget of the Senate
a report on the loans, loan guarantees, and other investments
made under section 4003.
15 USC 9061. SEC. 4027. DIRECT APPROPRIATION.
(a) IN GENERAL.—Notwithstanding any other provision of law,
there is appropriated, out of amounts in the Treasury not otherwise
appropriated, to the fund established under section 5302(a)(1) of
title 31, United States Code, $500,000,000,000 to carry out this
subtitle.
(b) TECHNICAL AND CONFORMING AMENDMENT.—Section 5302(a)
of title 31, United States Code, is amended—
(1) by striking ‘‘and’’ before ‘‘section 3’’; and
(2) by inserting ‘‘and the Coronavirus Economic Stabiliza-
tion Act of 2020,’’ before ‘‘and for investing’’.
Effective dates. (c) CLARIFICATION.—
(1) IN GENERAL.—On or after January 1, 2021, any
remaining funds made available under section 4003(b) may
be used only for—
(A) modifications, restructurings, or other amendments
of loans, loan guarantees, or other investments in accord-
ance with section 4029(b)(1); and
(B) exercising any options, warrants, or other invest-
ments made prior to January 1, 2021; and
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(C) paying costs and administrative expenses as pro-
vided in section 4003(f).
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 497
(2) DEFICIT REDUCTION.—On January 1, 2026, any funds
described in paragraph (1) that are remaining shall be trans-
ferred to the general fund of the Treasury to be used for
deficit reduction.
SEC. 4028. RULE OF CONSTRUCTION. 15 USC 9062.
Nothing in this subtitle shall be construed to allow the Sec-
retary to provide relief to eligible businesses, States, and municipali-
ties except in the form of loans, loan guarantees, and other invest-
ments as provided in this subtitle and under terms and conditions
that are in the interest of the Federal Government.
SEC. 4029. TERMINATION OF AUTHORITY. 15 USC 9063.
(a) IN GENERAL.—Except as provided in subsection (b), on
December 31, 2020, the authority provided under this subtitle to
make new loans, loan guarantees, or other investments shall termi-
nate.
(b) OUTSTANDING.—
(1) IN GENERAL.—Except as provided in paragraph (2), any
loan, loan guarantee, or other investment outstanding on the
date described in subsection (a)—
(A) may be modified, restructured, or otherwise
amended; and
(B) may not be forgiven.
(2) DURATION.—The duration of any loan or loan guarantee
made under section 4003(b)(1) that is modified, restructured,
or otherwise amended under paragraph (1) shall not be
extended beyond 5 years from the initial origination date of
the loan or loan guarantee.
Subtitle B—Air Carrier Worker Support
SEC. 4111. DEFINITIONS. 15 USC 9071.
Unless otherwise specified, the terms in section 40102(a) of Applicability.
title 49, United States Code, shall apply to this subtitle, except
that—
(1) the term ‘‘airline catering employee’’ means an employee
who performs airline catering services;
(2) the term ‘‘airline catering services’’ means preparation,
assembly, or both, of food, beverages, provisions and related
supplies for delivery, and the delivery of such items, directly
to aircraft or to a location on or near airport property for
subsequent delivery to aircraft;
(3) the term ‘‘contractor’’ means—
(A) a person that performs, under contract with a
passenger air carrier conducting operations under part 121
of title 14, Code of Federal Regulations—
(i) catering functions; or
(ii) functions on the property of an airport that
are directly related to the air transportation of persons,
property, or mail, including but not limited to the
loading and unloading of property on aircraft; assist-
ance to passengers under part 382 of title 14, Code
of Federal Regulations; security; airport ticketing and
check-in functions; ground-handling of aircraft; or air-
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craft cleaning and sanitization functions and waste
removal; or
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134 STAT. 498 PUBLIC LAW 116–136—MAR. 27, 2020
(B) a subcontractor that performs such functions;
(4) the term ‘‘employee’’ means an individual, other than
a corporate officer, who is employed by an air carrier or a
contractor; and
(5) the term ‘‘Secretary’’ means the Secretary of the
Treasury.
15 USC 9072. SEC. 4112. PANDEMIC RELIEF FOR AVIATION WORKERS.
(a) FINANCIAL ASSISTANCE FOR EMPLOYEE WAGES, SALARIES,
AND BENEFITS.—Notwithstanding any other provision of law, to
preserve aviation jobs and compensate air carrier industry workers,
the Secretary shall provide financial assistance that shall exclu-
sively be used for the continuation of payment of employee wages,
salaries, and benefits to—
(1) passenger air carriers, in an aggregate amount up to
$25,000,000,000;
(2) cargo air carriers, in the aggregate amount up to
$4,000,000,000; and
(3) contractors, in an aggregate amount up to
$3,000,000,000.
(b) ADMINISTRATIVE EXPENSES.—Notwithstanding any other
provision of law, the Secretary, may use $100,000,000 of the funds
made available under section 4120(a) for costs and administrative
expenses associated with providing financial assistance under this
subtitle.
15 USC 9073. SEC. 4113. PROCEDURES FOR PROVIDING PAYROLL SUPPORT.
Time period. (a) AWARDABLE AMOUNTS.—The Secretary shall provide finan-
Certifications. cial assistance under this subtitle—
(1) to an air carrier in an amount equal to the salaries
and benefits reported by the air carrier to the Department
of Transportation pursuant to part 241 of title 14, Code of
Federal Regulations, for the period from April 1, 2019, through
September 30, 2019; and
(2) to an air carrier that does not transmit reports under
such part 241, in an amount that such air carrier certifies,
using sworn financial statements or other appropriate data,
as the amount of wages, salaries, benefits, and other compensa-
tion that such air carrier paid the employees of such air carrier
during the period from April 1, 2019, through September 30,
2019; and
(3) to a contractor, in an amount that the contractor cer-
tifies, using sworn financial statements or other appropriate
data, as the amount of wages, salaries, benefits, and other
compensation that such contractor paid the employees of such
contractor during the period from April 1, 2019, through Sep-
tember 30, 2019.
(b) DEADLINES AND PROCEDURES.—
(1) IN GENERAL.—
(A) FORMS; TERMS AND CONDITIONS.—Financial assist-
ance provided to an air carrier or contractor under this
subtitle shall be in such form, on such terms and conditions
(including requirements for audits and the clawback of
any financial assistance provided upon failure by a pas-
senger air carrier, cargo air carrier, or contractor to honor
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the assurances specified in section 4114), as the Secretary
determines appropriate.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 499
(B) PROCEDURES.—The Secretary shall publish stream- Publication.
lined and expedited procedures not later than 5 days after
the date of enactment of this Act for air carriers and
contractors to submit requests for financial assistance
under this subtitle.
(2) DEADLINE FOR IMMEDIATE PAYROLL ASSISTANCE.—Not
later than 10 days after the date of enactment of this Act,
the Secretary shall make initial payments to air carriers and
contractors that submit requests for financial assistance
approved by to the Secretary.
(3) SUBSEQUENT PAYMENTS.—The Secretary shall determine Determination.
an appropriate method for timely distribution of payments to
air carriers and contractors with approved requests for financial
assistance from any funds remaining available after providing
initial financial assistance payments under paragraph (2).
(c) PRO RATA AUTHORITY.—The Secretary shall have the
authority to reduce, on a pro rata basis, the amounts due to air
carriers and contractors under the applicable paragraph of section
4112 in order to address any shortfall in assistance that would
otherwise be provided under such section.
(d) AUDITS.—The Inspector General of the Department of the
Treasury shall audit certifications made under subsection (a).
SEC. 4114. REQUIRED ASSURANCES. 15 USC 9074.
(a) IN GENERAL.—To be eligible for financial assistance under Contracts.
this subtitle, an air carrier or contractor shall enter into an agree- Certification.
ment with the Secretary, or otherwise certify in such form and Time periods.
manner as the Secretary shall prescribe, that the air carrier or
contractor shall—
(1) refrain from conducting involuntary furloughs or Involuntary
reducing pay rates and benefits until September 30, 2020; furloughs.
(2) through September 30, 2021, ensure that neither the Pay reductions.
air carrier or contractor nor any affiliate of the air carrier
or contractor may, in any transaction, purchase an equity secu-
rity of the air carrier or contractor or the parent company
of the air carrier or contractor that is listed on a national
securities exchange;
(3) through September 30, 2021, ensure that the air carrier
or contractor shall not pay dividends, or make other capital
distributions, with respect to the common stock (or equivalent
interest) of the air carrier or contractor; and
(4) meet the requirements of sections 4115 and 4116.
(b) DEPARTMENT OF TRANSPORTATION AUTHORITY TO CONDITION
ASSISTANCE ON CONTINUATION OF SERVICE.—
(1) IN GENERAL.—The Secretary of Transportation is Requirement.
authorized to require, to the extent reasonable and practicable,
an air carrier provided financial assistance under this subtitle
to maintain scheduled air transportation service, as the Sec-
retary of Transportation deems necessary, to ensure services
to any point served by that carrier before March 1, 2020.
(2) REQUIRED CONSIDERATIONS.—When considering whether
to exercise the authority provided by this section, the Secretary
of Transportation shall take into consideration the air transpor-
tation needs of small and remote communities and the need
to maintain well-functioning health care supply chains,
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including medical devices and supplies, and pharmaceutical
supply chains.
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134 STAT. 500 PUBLIC LAW 116–136—MAR. 27, 2020
(3) SUNSET.—The authority provided under this subsection
shall terminate on March 1, 2022, and any requirements issued
by the Secretary of Transportation under this subsection shall
cease to apply after that date.
15 USC 9075. SEC. 4115. PROTECTION OF COLLECTIVE BARGAINING AGREEMENT.
(a) IN GENERAL.—Neither the Secretary, nor any other actor,
department, or agency of the Federal Government, shall condition
the issuance of financial assistance under this subtitle on an air
carrier’s or contractor’s implementation of measures to enter into
negotiations with the certified bargaining representative of a craft
or class of employees of the air carrier or contractor under the
Railway Labor Act (45 U.S.C. 151 et seq.) or the National Labor
Relations Act (29 U.S.C. 151 et seq.), regarding pay or other terms
and conditions of employment.
(b) PERIOD OF EFFECT.—With respect to an air carrier or con-
tractor to which financial assistance is provided under this subtitle,
this section shall be in effect with respect to the air carrier or
contractor beginning on the date on which the air carrier or con-
tractor is first issued such financial assistance and ending on Sep-
tember 30, 2020.
Time periods. SEC. 4116. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.
15 USC 9076.
(a) IN GENERAL.—The Secretary may only provide financial
assistance under this subtitle to an air carrier or contractor after
such carrier or contractor enters into an agreement with the Sec-
retary which provides that, during the 2-year period beginning
March 24, 2020, and ending March 24, 2022, no officer or employee
of the air carrier or contractor whose total compensation exceeded
$425,000 in calendar year 2019 (other than an employee whose
compensation is determined through an existing collective bar-
gaining agreement entered into prior to enactment of this Act)—
(1) will receive from the air carrier or contractor total
compensation which exceeds, during any 12 consecutive months
of such 2-year period, the total compensation received by the
officer or employee from the air carrier or contractor in calendar
year 2019;
(2) will receive from the air carrier or contractor severance
pay or other benefits upon termination of employment with
the air carrier or contractor which exceeds twice the maximum
total compensation received by the officer or employee from
the air carrier or contractor in calendar year 2019; and
(3) no officer or employee of the eligible business whose
total compensation exceeded $3,000,000 in calendar year 2019
may receive during any 12 consecutive months of such period
total compensation in excess of the sum of—
(A) $3,000,000; and
(B) 50 percent of the excess over $3,000,000 of the
total compensation received by the officer or employee from
the eligible business in calendar year 2019.
(b) TOTAL COMPENSATION DEFINED.—In this section, the term
‘‘total compensation’’ includes salary, bonuses, awards of stock, and
other financial benefits provided by an air carrier or contractor
to an officer or employee of the air carrier or contractor.
Determination. SEC. 4117. TAX PAYER PROTECTION.
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15 USC 9077.
The Secretary may receive warrants, options, preferred stock,
debt securities, notes, or other financial instruments issued by
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 501
recipients of financial assistance under this subtitle which, in the
sole determination of the Secretary, provide appropriate compensa-
tion to the Federal Government for the provision of the financial
assistance.
SEC. 4118. REPORTS. 15 USC 9078.
(a) REPORT.—Not later than November 1, 2020, the Secretary
shall submit to the Committee on Transportation and Infrastructure
and the Committee on Financial Services of the House of Represent-
atives and the Committee on Commerce, Science, and Transpor-
tation and the Committee on Banking, Housing, and Urban Affairs
of the Senate a report on the financial assistance provided to
air carriers and contractors under this subtitle, including a descrip-
tion of any financial assistance provided.
(b) UPDATE.—Not later than the last day of the 1-year period Time period.
following the date of enactment of this Act, the Secretary shall
update and submit to the Committee on Transportation and the
Committee on Financial Services and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Banking, Housing, and Urban
Affairs of the Senate the report described in subsection (a).
SEC. 4119. COORDINATION. 15 USC 9079.
In implementing this subtitle the Secretary shall coordinate
with the Secretary of Transportation.
SEC. 4120. DIRECT APPROPRIATION. 15 USC 9080.
Notwithstanding any other provision of law, there is appro-
priated, out of amounts in the Treasury not otherwise appropriated,
$32,000,000,000 to carry out this subtitle.
TITLE V—CORONAVIRUS RELIEF FUNDS State and local
governments.
Native
SEC. 5001. CORONAVIRUS RELIEF FUND. Americans.
Territories.
(a) IN GENERAL.—The Social Security Act (42 U.S.C. 301 et
seq.) is amended by inserting after title V the following:
‘‘TITLE VI—CORONAVIRUS RELIEF
FUND
‘‘SEC. 601. CORONAVIRUS RELIEF FUND. 42 USC 801.
‘‘(a) APPROPRIATION.—
‘‘(1) IN GENERAL.—Out of any money in the Treasury of
the United States not otherwise appropriated, there are appro-
priated for making payments to States, Tribal governments,
and units of local government under this section,
$150,000,000,000 for fiscal year 2020.
‘‘(2) RESERVATION OF FUNDS.—Of the amount appropriated
under paragraph (1), the Secretary shall reserve—
‘‘(A) $3,000,000,000 of such amount for making pay-
ments to the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, the
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Commonwealth of the Northern Mariana Islands, and
American Samoa; and
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134 STAT. 502 PUBLIC LAW 116–136—MAR. 27, 2020
‘‘(B) $8,000,000,000 of such amount for making pay-
ments to Tribal governments.
‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
Deadline. ‘‘(1) IN GENERAL.—Subject to paragraph (2), not later than
30 days after the date of enactment of this section, the Secretary
shall pay each State and Tribal government, and each unit
of local government that meets the condition described in para-
graph (2), the amount determined for the State, Tribal govern-
ment, or unit of local government, for fiscal year 2020 under
subsection (c).
‘‘(2) DIRECT PAYMENTS TO UNITS OF LOCAL GOVERNMENT.—
If a unit of local government of a State submits the certification
required by subsection (e) for purposes of receiving a direct
payment from the Secretary under the authority of this para-
graph, the Secretary shall reduce the amount determined for
that State by the relative unit of local government population
proportion amount described in subsection (c)(5) and pay such
amount directly to such unit of local government.
‘‘(c) PAYMENT AMOUNTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the amount
paid under this section for fiscal year 2020 to a State that
is 1 of the 50 States shall be the amount equal to the relative
population proportion amount determined for the State under
paragraph (3) for such fiscal year.
‘‘(2) MINIMUM PAYMENT.—
‘‘(A) IN GENERAL.—No State that is 1 of the 50 States
shall receive a payment under this section for fiscal year
2020 that is less than $1,250,000,000.
‘‘(B) PRO RATA ADJUSTMENTS.—The Secretary shall
adjust on a pro rata basis the amount of the payments
for each of the 50 States determined under this subsection
without regard to this subparagraph to the extent nec-
essary to comply with the requirements of subparagraph
(A).
‘‘(3) RELATIVE POPULATION PROPORTION AMOUNT.—For pur-
poses of paragraph (1), the relative population proportion
amount determined under this paragraph for a State for fiscal
year 2020 is the product of—
‘‘(A) the amount appropriated under paragraph (1) of
subsection (a) for fiscal year 2020 that remains after the
application of paragraph (2) of that subsection; and
‘‘(B) the relative State population proportion (as defined
in paragraph (4)).
‘‘(4) RELATIVE STATE POPULATION PROPORTION DEFINED.—
For purposes of paragraph (3)(B), the term ‘relative State popu-
lation proportion’ means, with respect to a State, the quotient
of—
‘‘(A) the population of the State; and
‘‘(B) the total population of all States (excluding the
District of Columbia and territories specified in subsection
(a)(2)(A)).
‘‘(5) RELATIVE UNIT OF LOCAL GOVERNMENT POPULATION
Definition. PROPORTION AMOUNT.—For purposes of subsection (b)(2), the
term ‘relative unit of local government population proportion
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amount’ means, with respect to a unit of local government
and a State, the amount equal to the product of—
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 503
‘‘(A) 45 percent of the amount of the payment deter-
mined for the State under this subsection (without regard
to this paragraph); and
‘‘(B) the amount equal to the quotient of—
‘‘(i) the population of the unit of local government;
and
‘‘(ii) the total population of the State in which
the unit of local government is located.
‘‘(6) DISTRICT OF COLUMBIA AND TERRITORIES.—The amount
paid under this section for fiscal year 2020 to a State that
is the District of Columbia or a territory specified in subsection
(a)(2)(A) shall be the amount equal to the product of—
‘‘(A) the amount set aside under subsection (a)(2)(A)
for such fiscal year; and
‘‘(B) each such District’s and territory’s share of the Determination.
combined total population of the District of Columbia and
all such territories, as determined by the Secretary.
‘‘(7) TRIBAL GOVERNMENTS.—From the amount set aside Determination.
under subsection (a)(2)(B) for fiscal year 2020, the amount Consultation.
paid under this section for fiscal year 2020 to a Tribal govern-
ment shall be the amount the Secretary shall determine, in
consultation with the Secretary of the Interior and Indian
Tribes, that is based on increased expenditures of each such
Tribal government (or a tribally-owned entity of such Tribal
government) relative to aggregate expenditures in fiscal year
2019 by the Tribal government (or tribally-owned entity) and
determined in such manner as the Secretary determines appro-
priate to ensure that all amounts available under subsection
(a)(2)(B) for fiscal year 2020 are distributed to Tribal govern-
ments.
‘‘(8) DATA.—For purposes of this subsection, the population
of States and units of local governments shall be determined
based on the most recent year for which data are available
from the Bureau of the Census.
‘‘(d) USE OF FUNDS.—A State, Tribal government, and unit
of local government shall use the funds provided under a payment
made under this section to cover only those costs of the State,
Tribal government, or unit of local government that—
‘‘(1) are necessary expenditures incurred due to the public
health emergency with respect to the Coronavirus Disease 2019
(COVID–19);
‘‘(2) were not accounted for in the budget most recently
approved as of the date of enactment of this section for the
State or government; and
‘‘(3) were incurred during the period that begins on March Time period.
1, 2020, and ends on December 30, 2020.
‘‘(e) CERTIFICATION.—In order to receive a payment under this
section, a unit of local government shall provide the Secretary
with a certification signed by the Chief Executive for the unit
of local government that the local government’s proposed uses of
the funds are consistent with subsection (d).
‘‘(f) INSPECTOR GENERAL OVERSIGHT; RECOUPMENT.—
‘‘(1) OVERSIGHT AUTHORITY.—The Inspector General of the
Department of the Treasury shall conduct monitoring and over-
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sight of the receipt, disbursement, and use of funds made
available under this section.
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134 STAT. 504 PUBLIC LAW 116–136—MAR. 27, 2020
Determination. ‘‘(2) RECOUPMENT.—If the Inspector General of the Depart-
ment of the Treasury determines that a State, Tribal govern-
ment, or unit of local government has failed to comply with
subsection (d), the amount equal to the amount of funds used
in violation of such subsection shall be booked as a debt of
such entity owed to the Federal Government. Amounts recov-
ered under this subsection shall be deposited into the general
fund of the Treasury.
‘‘(3) APPROPRIATION.—Out of any money in the Treasury
of the United States not otherwise appropriated, there are
appropriated to the Office of the Inspector General of the
Department of the Treasury, $35,000,000 to carry out oversight
and recoupment activities under this subsection. Amounts
appropriated under the preceding sentence shall remain avail-
able until expended.
‘‘(4) AUTHORITY OF INSPECTOR GENERAL.—Nothing in this
subsection shall be construed to diminish the authority of any
Inspector General, including such authority as provided in the
Inspector General Act of 1978 (5 U.S.C. App.).
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’ has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
‘‘(2) LOCAL GOVERNMENT.—The term ‘unit of local govern-
ment’ means a county, municipality, town, township, village,
parish, borough, or other unit of general government below
the State level with a population that exceeds 500,000.
‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary
of the Treasury.
‘‘(4) STATE.—The term ‘State’ means the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, the Commonwealth of
the Northern Mariana Islands, and American Samoa.
‘‘(5) TRIBAL GOVERNMENT.—The term ‘Tribal government’
means the recognized governing body of an Indian Tribe.’’.
(b) APPLICATION OF PROVISIONS.—Amounts appropriated for
fiscal year 2020 under section 601(a)(1) of the Social Security Act
(as added by subsection (a)) shall be subject to the requirements
contained in Public Law 116–94 for funds for programs authorized
under sections 330 through 340 of the Public Health Service Act
(42 U.S.C. 254 through 256).
TITLE VI—MISCELLANEOUS
PROVISIONS
39 USC 101 note. SEC. 6001. COVID–19 BORROWING AUTHORITY FOR THE UNITED
STATES POSTAL SERVICE.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘COVID–19 emergency’’ means the emergency
involving Federal primary responsibility determined to exist
by the President under section 501(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
whamilton on LAP1Z6H6L3PROD with STATUTES
5191(b)) with respect to the Coronavirus Disease 2019 (COVID–
19); and
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 505
(2) the term ‘‘Postal Service’’ means the United States
Postal Service.
(b) ADDITIONAL BORROWING AUTHORITY.—Notwithstanding sec-
tion 2005 of title 39, United States Code, or any other provision
of law, if the Postal Service determines that, due to the COVID–
19 emergency, the Postal Service will not be able to fund operating
expenses without borrowing money—
(1) the Postal Service may borrow money from the Treasury
in an amount not to exceed $10,000,000,000—
(A) to be used for such operating expenses; and
(B) which may not be used to pay any outstanding
debt of the Postal Service; and
(2) the Secretary of the Treasury may lend up to the
amount described in paragraph (1) at the request of the Postal
Service, upon terms and conditions mutually agreed upon by
the Secretary and the Postal Service.
(c) PRIORITIZATION OF DELIVERY FOR MEDICAL PURPOSES
DURING COVID–19 EMERGENCY.—Notwithstanding any other provi-
sion of law, during the COVID–19 emergency, the Postal Service—
(1) shall prioritize delivery of postal products for medical
purposes; and
(2) may establish temporary delivery points, in such form
and manner as the Postal Service determines necessary, to
protect employees of the Postal Service and individuals
receiving deliveries from the Postal Service.
SEC. 6002. EMERGENCY DESIGNATION.
(a) IN GENERAL.—The amounts provided under this division
are designated as an emergency requirement pursuant to section
4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(b) DESIGNATION IN SENATE.—In the Senate, this division is
designated as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolu-
tion on the budget for fiscal year 2018.
DIVISION B—EMERGENCY APPROPRIA- Emergency
Appropriations
TIONS FOR CORONAVIRUS HEALTH for Coronavirus
Health Response
RESPONSE AND AGENCY OPERATIONS and Agency
Operations.
The following sums are hereby are appropriated, out of any
money in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2020, and for other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
OFFICE OF THE SECRETARY
For an additional amount for the ‘‘Office of the Secretary’’,
$9,500,000,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus by providing support for
agricultural producers impacted by coronavirus, including producers
of specialty crops, producers that supply local food systems,
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including farmers markets, restaurants, and schools, and livestock
producers, including dairy producers: Provided, That such amount
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134 STAT. 506 PUBLIC LAW 116–136—MAR. 27, 2020
is designated by the Congress as being for an emergency require-
ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
OFFICE OF INSPECTOR GENERAL
For an additional amount for ‘‘Office of Inspector General’’,
$750,000, to remain available until September 30, 2021, to prevent,
prepare for, and respond to coronavirus, domestically or internation-
Audits. ally: Provided, That the funding made available under this heading
Investigations. in this Act shall be used for conducting audits and investigations
of projects and activities carried out with funds made available
in this Act to the Department of Agriculture to prevent, prepare
for, and respond to coronavirus, domestically or internationally:
Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$55,000,000, to remain available until September 30, 2021, to pre-
vent, prepare for, and respond to coronavirus, domestically or inter-
nationally, including for necessary expenses for salary costs associ-
ated with the Agriculture Quarantine and Inspection Program:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES
For an additional amount for ‘‘Marketing Services’’,
$45,000,000, to remain available until September 30, 2021, to pre-
vent, prepare for, and respond to coronavirus, domestically or inter-
nationally, including necessary expenses for salary costs associated
with commodity grading, inspection, and audit activities: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
FOOD SAFETY AND INSPECTION SERVICE
For an additional amount for ‘‘Food Safety and Inspection
Service’’, $33,000,000, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus, domestically
or internationally, including for support of temporary and intermit-
tent workers, relocation of inspectors, and, notwithstanding 21
U.S.C. 468, 695 and 1053 and 7 U.S.C. 2219a, costs of overtime
inspectors under the Federal Meat Inspection Act, the Poultry Prod-
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ucts Inspection Act, and the Egg Products Inspection Act: Provided,
That such amount is designated by the Congress as being for
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 507
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
FARM PRODUCTION AND CONSERVATION PROGRAMS
FARM SERVICE AGENCY
For an additional amount for ‘‘Salaries and Expenses’’,
$3,000,000, to remain available until September 30, 2021, to pre-
vent, prepare for, and respond to coronavirus, domestically or inter-
nationally, including necessary expenses to hire temporary staff
and overtime expenses: Provided, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
RURAL DEVELOPMENT PROGRAMS
RURAL BUSINESS—COOPERATIVE SERVICE
RURAL BUSINESS PROGRAM ACCOUNT
For an additional amount for ‘‘Rural Business Program
Account’’, $20,500,000, to remain available until September 30,
2021, to prevent, prepare for, and respond to coronavirus, for the
cost of loans for rural business development programs authorized
by section 310B and described in subsection (g) of section 310B
of the Consolidated Farm and Rural Development Act: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
RURAL UTILITIES SERVICE
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
For an additional amount for ‘‘Distance Learning, Telemedicine,
and Broadband Program’’, $25,000,000, to remain available until
expended, to prevent, prepare for, and respond to coronavirus,
domestically or internationally, for telemedicine and distance
learning services in rural areas, as authorized by 7 U.S.C. 950aaa
et seq.: Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
DOMESTIC FOOD PROGRAMS
FOOD AND NUTRITION SERVICE
CHILD NUTRITION PROGRAMS
For an additional amount for ‘‘Child Nutrition Programs’’,
$8,800,000,000 to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus, domestically or
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internationally: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
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134 STAT. 508 PUBLIC LAW 116–136—MAR. 27, 2020
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
For an additional amount for ‘‘Supplemental Nutrition Assist-
ance Program’’, $15,810,000,000, to remain available until Sep-
tember 30, 2021, to prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That of the amount pro-
vided under this heading in this Act, $15,510,000,000 shall be
placed in a contingency reserve to be allocated as the Secretary
deems necessary to support participation should cost or participa-
tion exceed budget estimates to prevent, prepare for, and respond
to coronavirus: Provided further, That of the amount provided under
this heading in this Act, $100,000,000 shall be for the food distribu-
tion program on Indian reservations program as authorized by
Section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013)
and Section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 1431) to prevent, prepare for, and respond to
coronavirus, of which $50,000,000 shall be for facility improvements
and equipment upgrades and of which $50,000,000 shall be for
the costs relating to additional food purchases: Provided further,
Grants. That of the amount provided under this heading in this Act,
Territories. $200,000,000 to remain available through September 30, 2021, shall
be available for the Secretary of Agriculture to provide grants
to the Commonwealth of the Northern Mariana Islands, Puerto
Rico, and American Samoa for nutrition assistance to prevent,
prepare for, and respond to coronavirus, domestically or internation-
ally: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
COMMODITY ASSISTANCE PROGRAM
For an additional amount for ‘‘Commodity Assistance Program’’,
$450,000,000, to remain available through September 30, 2021,
to prevent, prepare for, and respond to coronavirus, domestically
or internationally, for the emergency food assistance program as
authorized by section 27(a) of the Food and Nutrition Act of 2008
(7 U.S.C. 2036(a)) and section 204(a)(1) of the Emergency Food
Assistance Act of 1983 (7 U.S.C. 7508(a)(1)): Provided, That of
the funds made available, the Secretary may use up to $150,000,000
for costs associated with the distribution of commodities: Provided
further, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
FOREIGN ASSISTANCE AND RELATED PROGRAMS
FOREIGN AGRICULTURAL SERVICE
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$4,000,000, to remain available until September 30, 2021, to pre-
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vent, prepare for, and respond to coronavirus, domestically or inter-
nationally, including necessary expenses to relocate employees and
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 509
their dependents back from overseas posts: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RELATED AGENCIES AND FOOD AND DRUG
ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$80,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, domestically or internationally,
including funds for the development of necessary medical counter-
measures and vaccines, advanced manufacturing for medical prod-
ucts, the monitoring of medical product supply chains, and related
administrative activities: Provided, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISIONS—THIS TITLE
(INCLUDING TRANSFER OF FUNDS)
SEC. 11001. Of the funds made available to the Rural Develop-
ment mission area in this title, and in addition to funds otherwise
made available for such purpose, not more than 3 percent may
be used for administrative costs to carry out loan, loan guarantee
and grant activities funded in this title to prevent, prepare for,
and respond to coronavirus, domestically or internationally: Pro-
vided, That such funds shall be transferred to, and merged with,
the appropriation for ‘‘Rural Development, Salaries and Expenses’’
and, once transferred, shall be used only to prevent, prepare for,
and respond to coronavirus, domestically or internationally: Pro-
vided further, that this transfer authority is in addition to any
other transfer authority provided by law.
COMMODITY CREDIT CORPORATION
REIMBURSEMENT OF PRESENT NET REALIZED LOSSES
SEC. 11002. Of the amounts provided in the Further Consoli-
dated Appropriations Act, 2020 (Public Law 116–94) under the
heading ‘‘Commodity Credit Corporation Fund—Reimbursement for
Net Realized Losses’’, $14,000,000,000, may be used, prior to the
completion of the report described in 15 U.S.C. 713a–11, to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, as reflected in the June
2020 report of its financial condition: Provided, That such amount
is designated by the Congress as being for an emergency require-
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ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
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134 STAT. 510 PUBLIC LAW 116–136—MAR. 27, 2020
Extension. SEC. 11003. The Secretary may extend the term of a marketing
assistance loan authorized by section 1201 of the Agricultural Act
of 2014 (7 U.S.C. 9033) for any loan commodity to 12 months:
Expiration date. Provided, That the authority made available pursuant to this sec-
tion shall expire on September 30, 2020: Provided further, That
the amount provided by this section is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
Grants. SEC. 11004. For an additional amount for grants under the
Urban and rural pilot program established under section 779 of Public Law 115–
areas. 141, to prevent, prepare for, and respond to coronavirus,
$100,000,000, to remain available until September 30, 2021: Pro-
vided, That at least 90 percent of the households to be served
by a project receiving a grant shall be in a rural area without
Definition. sufficient access to broadband: Provided further, That for purposes
of such pilot program, a rural area without sufficient access to
broadband shall be defined as 10 Mbps downstream and 1 Mbps
upstream, and such definition shall be reevaluated and redefined,
as necessary, on an annual basis by the Secretary of Agriculture:
Provided further, That an entity to which a grant is made under
the pilot program shall not use a grant to overbuild or duplicate
broadband expansion efforts made by any entity that has received
a broadband loan from the Rural Utilities Service: Provided further,
That priority consideration for grants shall be given to previous
applicants now eligible as a result of adjusted eligibility require-
ments: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
TITLE II
DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount for
‘‘Economic Development Assistance Programs’’, $1,500,000,000, to
remain available until September 30, 2022, to prevent, prepare
for, and respond to coronavirus, domestically or internationally,
including for necessary expenses for responding to economic injury
as a result of coronavirus: Provided, That such amount shall be
for economic adjustment assistance as authorized by section 209
of the Public Works and Economic Development Act of 1965 (42
U.S.C. 3149): Provided further, That within the amount appro-
priated under this heading in this Act, up to 2 percent of funds
may be transferred to the ‘‘Salaries and Expenses’’ account for
administration and oversight activities related to preventing, pre-
42 USC 3211 paring for, and responding to coronavirus: Provided further, That
note. the Secretary of Commerce is authorized to appoint and fix the
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compensation of such temporary personnel as may be necessary
to implement the requirements under this heading in this Act
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 511
to prevent, prepare for, and respond to coronavirus, without regard
to the provisions of title 5, United States Code, governing appoint-
ments in competitive service: Provided further, That the Secretary Appointments.
of Commerce is authorized to appoint such temporary personnel, Time period.
42 USC 3211
after serving continuously for 2 years, to positions in the Economic note.
Development Administration in the same manner that competitive
service employees with competitive status are considered for
transfer, reassignment, or promotion to such positions and an indi-
vidual appointed under this provision shall become a career-condi-
tional employee, unless the employee has already completed the
service requirements for career tenure: Provided further, That
within the amount appropriated under this heading in this Act,
$3,000,000 shall be transferred to the ‘‘Office of Inspector General’’
account for carrying out investigations and audits related to the
funding provided to prevent, prepare for, and respond to coronavirus
under this heading in this Act: Provided further, That such amount
is designated by the Congress as being for an emergency require-
ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For an additional amount for ‘‘Scientific and Technical Research
and Services’’, $6,000,000, to remain available until September,
30, 2021, to prevent, prepare for, and respond to coronavirus, domes-
tically or internationally, by supporting continuity of operations,
including measurement science to support viral testing and bio-
manufacturing: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
INDUSTRIAL TECHNOLOGY SERVICES
For an additional amount for ‘‘Industrial Technology Services’’,
$60,000,000, to remain available until September 30, 2021, to pre-
vent, prepare for, and respond to coronavirus, domestically or inter-
nationally: Provided, That of the amount provided under this
heading in this Act, $50,000,000 shall be for the Hollings Manufac-
turing Extension Partnership to assist manufacturers to prevent,
prepare for, and respond to coronavirus and $10,000,000 shall be
for the National Network for Manufacturing Innovation (also known
as ‘‘Manufacturing USA’’) to prevent, prepare for, and respond
to coronavirus, including to support development and manufac-
turing of medical countermeasures and biomedical equipment and
supplies: Provided further, That none of the funds provided under
this heading in this Act shall be subject to cost share requirements
under 15 U.S.C. 278k(e)(2) or 15 U.S.C. 278s(e)(7)(A): Provided
further, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
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134 STAT. 512 PUBLIC LAW 116–136—MAR. 27, 2020
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ‘‘Operations, Research, and Facili-
ties’’, $20,000,000, to remain available until September, 30, 2021,
to prevent, prepare for, and respond to coronavirus, domestically
or internationally, by supporting continuity of operations, including
National Weather Service life and property related operations: Pro-
vided, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
JUSTICE INFORMATION SHARING TECHNOLOGY
For an additional amount for ‘‘Justice Information Sharing
Technology’’, $2,000,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, including the impact of coronavirus on the work
of the Department of Justice: Provided, That such amount is des-
ignated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OFFICE OF INSPECTOR GENERAL
For an additional amount for ‘‘Office of Inspector General’’,
$2,000,000, to remain available until expended to prevent, prepare
for, and respond to coronavirus, domestically or internationally,
including the impact of coronavirus on the work of the Department
of Justice and to carry out investigations and audits related to
the funding made available for the Department of Justice in this
Act: Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For an additional amount for ‘‘Salaries and Expenses, United
States Attorneys’’, $3,000,000, to prevent, prepare for, and respond
to coronavirus, domestically or internationally, including the impact
of coronavirus on the work of the Department of Justice: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
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For an additional amount for ‘‘United States Marshals Service,
Salaries and Expenses’’, $15,000,000, to prevent, prepare for, and
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 513
respond to coronavirus, domestically or internationally, including
the impact of coronavirus on the work of the Department of Justice:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Federal Bureau of Investigation,
Salaries and Expenses’’, $20,000,000, to prevent, prepare for, and
respond to coronavirus, domestically or internationally, including
the impact of coronavirus on the work of the Department of Justice:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Drug Enforcement Administra-
tion, Salaries and Expenses’’, $15,000,000, to prevent, prepare for,
and respond to coronavirus, domestically or internationally,
including the impact of coronavirus on the work of the Department
of Justice: Provided, That such amount is designated by the Con-
gress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
For an additional amount for ‘‘Federal Prison System, Salaries
and Expenses’’, $100,000,000, to prevent, prepare for, and respond
to coronavirus, domestically or internationally, including the impact
of coronavirus on the work of the Department of Justice: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES
OFFICE OF JUSTICE PROGRAMS
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For an additional amount for ‘‘State and Local Law Enforce-
ment Assistance’’, $850,000,000, to remain available until expended,
to prevent, prepare for, and respond to coronavirus, domestically
or internationally, to be awarded pursuant to the formula allocation
(adjusted in proportion to the relative amounts statutorily des-
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ignated therefor) that was used in fiscal year 2019 for the Edward
Byrne Memorial Justice Assistance Grant program as authorized
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134 STAT. 514 PUBLIC LAW 116–136—MAR. 27, 2020
by subpart 1 of part E of title I of the Omnibus Crime Control
and Safe Streets Acts of 1968 (‘‘1968 Act’’): Provided, That the
allocation provisions under sections 505(a) through (e) and the
special rules for Puerto Rico under section 505(g), and section
1001(c), of the 1968 Act, shall not apply to the amount provided
under this heading in this Act: Provided further, That awards
hereunder, shall not be subject to restrictions or special conditions
that are the same as (or substantially similar to) those, imposed
on awards under such subpart in fiscal year 2018, that forbid
interference with Federal law enforcement: Provided further, That
such amount is designated by the Congress as being for an emer-
gency requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985.
SCIENCE
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SAFETY, SECURITY AND MISSION SERVICES
For an additional amount for ‘‘Safety, Security and Mission
Services’’, $60,000,000, to remain available until September 30,
2021, to prevent, prepare for, and respond to coronavirus, domesti-
cally or internationally: Provided, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES
For an additional amount for ‘‘Research and Related Activities’’,
$75,000,000, to remain available until September 30, 2021, to pre-
vent, prepare for, and respond to coronavirus, domestically or inter-
nationally, including to fund research grants and other necessary
expenses: Provided, That such amount is designated by the Con-
gress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
AGENCY OPERATIONS AND AWARD MANAGEMENT
For an additional amount for ‘‘Agency Operations and Award
Management’’, $1,000,000, to prevent, prepare for, and respond
to coronavirus, domestically or internationally, including to admin-
ister research grants and other necessary expenses: Provided, That
such amount is designated by the Congress as being for an emer-
gency requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 515
RELATED AGENCIES
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For an additional amount for ‘‘Payment to the Legal Services
Corporation’’, $50,000,000, to prevent, prepare for, and respond
to coronavirus, domestically or internationally: Provided, That none
of the funds appropriated under this heading in this Act to the
Legal Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the provisions of,
sections 501, 502, 503, 504, 505, and 506 of Public Law 105–
119, and all funds appropriated in this Act to the Legal Services
Corporation shall be subject to the same terms and conditions
set forth in such sections, except that all references in sections
502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 2019 and 2020, respectively, and except that sections 501 and
503 of Public Law 104–134 (referenced by Public Law 105–119)
shall not apply to the amount made available under this heading:
Provided further, That for the purposes of this Act, the Legal
Services Corporation shall be considered an agency of the United
States Government: Provided further, That such amount is des-
ignated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS—THIS TITLE
SEC. 12001. Amounts provided by the Consolidated Appropria-
tions Act, 2020, (Public Law 116–93) for the Hollings Manufacturing
Extension Partnership under the heading ‘‘National Institute of
Standards and Technology—Industrial Technology Services’’ shall
not be subject to cost share requirements under 15 U.S.C.
278k(e)(2): Provided, That the authority made available pursuant
to this section shall be elective for any Manufacturing Extension
Partnership Center that also receives funding from a State that
is conditioned upon the application of a Federal cost sharing require-
ment.
SEC. 12002. (a) Funds appropriated in this title for the National Reimbursements.
Science Foundation may be made available to restore amounts, Grants.
either directly or through reimbursement, for obligations incurred
by the National Science Foundation for research grants and other
necessary expenses to prevent, prepare for, and respond to
coronavirus, domestically or internationally, prior to the date of
enactment of this Act.
(b) Grants or cooperative agreements made by the National Time period.
Science Foundation under this title, to carry out research grants
and other necessary expenses to prevent, prepare for, and respond
to coronavirus, domestically or internationally, shall include
amounts to reimburse costs for these purposes incurred between
January 20, 2020, and the date of issuance of such grants or
agreements.
BUREAU OF PRISONS
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SEC. 12003. (a) DEFINITIONS.—In this section— 18 USC 3621
(1) the term ‘‘Bureau’’ means the Bureau of Prisons; note.
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134 STAT. 516 PUBLIC LAW 116–136—MAR. 27, 2020
Time period. (2) the term ‘‘covered emergency period’’ means the period
beginning on the date on which the President declared a
national emergency under the National Emergencies Act (50
U.S.C. 1601 et seq.) with respect to the Coronavirus Disease
2019 (COVID–19) and ending on the date that is 30 days
after the date on which the national emergency declaration
terminates; and
(3) the term ‘‘Secretary’’ means the Secretary of Health
and Human Services.
(b) SUPPLY OF PERSONAL PROTECTIVE EQUIPMENT AND TEST
KITS TO BUREAU OF PRISONS; HOME CONFINEMENT AUTHORITY.—
(1) PERSONAL PROTECTIVE EQUIPMENT AND TEST KITS.—
(A) FINDINGS.—Congress finds the following:
(i) There is an urgent need for personal protective
equipment and test kits to the Bureau based on the
density of the inmate population, the high traffic, the
high volume of inmates, the high rate of turnover
of inmates and personnel, and the number of high-
security areas, within the facilities of the Bureau.
(ii) The inability of the Bureau to secure the pur-
chase of infectious disease personal protective equip-
ment and related supplies now and in the future is
a vulnerability.
(iii) The Bureau is currently competing in and
engaging the same landscape of vendors as all other
Federal agencies and private entities.
(iv) The ability of the Bureau to purchase needed
equipment and supplies is currently subject to an indi-
vidual manufacturer’s specific recognition of the
Bureau as a priority and subsequent allocation of the
inventory of the manufacturer to the Bureau.
(B) CONSIDERATION.—The Secretary shall appro-
priately consider, relative to other priorities of the Depart-
ment of Health and Human Services for high-risk and
high-need populations, the distribution of infectious disease
personal protective equipment and COVID–19 test kits to
the Bureau for use by inmates and personnel of the Bureau.
Time period. (2) HOME CONFINEMENT AUTHORITY.—During the covered
emergency period, if the Attorney General finds that emergency
conditions will materially affect the functioning of the Bureau,
the Director of the Bureau may lengthen the maximum amount
of time for which the Director is authorized to place a prisoner
in home confinement under the first sentence of section
3624(c)(2) of title 18, United States Code, as the Director deter-
mines appropriate.
(c) VIDEO VISITATION.—
Regulations. (1) IN GENERAL.—During the covered emergency period,
Time period. if the Attorney General finds that emergency conditions will
materially affect the functioning of the Bureau, the Director
of the Bureau shall promulgate rules regarding the ability
of inmates to conduct visitation through video teleconferencing
and telephonically, free of charge to inmates, during the covered
emergency period.
(2) EXEMPTION FROM NOTICE-AND-COMMENT RULEMAKING
REQUIREMENTS.—Section 553 of title 5, United States Code,
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shall not apply to the promulgation of rules under paragraph
(1) of this subsection.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 517
(d) EMERGENCY REQUIREMENT.—The amount provided by this
section is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
TEMPORARY AUTHORITY OF DIRECTOR OF THE USPTO DURING THE
COVID–19 EMERGENCY.
SEC. 12004. (a) IN GENERAL.—During the emergency period Determination.
described in subsection (e), the Director may toll, waive, adjust, 35 USC 2 note.
or modify, any timing deadline established by title 35, United
States Code, the Trademark Act, section 18 of the Leahy-Smith
America Invents Act (35 U.S.C. 321 note), or regulations promul-
gated thereunder, in effect during such period, if the Director deter-
mines that the emergency related to such period—
(1) materially affects the functioning of the Patent and
Trademark Office;
(2) prejudices the rights of applicants, registrants, patent
owners, or others appearing before the Office; or
(3) prevents applicants, registrants, patent owners, or
others appearing before the Office from filing a document or
fee with the Office.
(b) PUBLIC NOTICE.—If the Director determines that tolling, Determination.
waiving, adjusting, or modifying a timing deadline under subsection
(a) is appropriate, the Director shall publish publicly a notice to
such effect.
(c) STATEMENT REQUIRED.—Not later than 20 days after the Deadline.
Director tolls, waives, adjusts, or modifies a timing deadline under Time period.
subsection (a) and such toll, waiver, adjustment, or modification
is in effect for a consecutive or cumulative period exceeding 120
days, the Director shall submit to Congress a statement describing
the action taken, relevant background, and rationale for the period
of tolling, waiver, adjustment, or modification.
(d) OTHER LAWS.—Notwithstanding section 301 of the National
Emergencies Act (50 U.S.C. 1631), the authority of the Director
under subsection (a) is not contingent on a specification made
by the President under such section or any other requirement
under that Act (other than the emergency declaration under section
201(a) of such Act (50 U.S.C. 1621(a))). The authority described
in this section supersedes the authority of title II of the National
Emergencies Act (50 U.S.C. 1621 et seq.).
(e) EMERGENCY PERIOD.—The emergency period described in
this subsection includes the duration of the portion of the emergency
declared by the President pursuant to the National Emergencies
Act on March 13, 2020, as a result of the COVID–19 outbreak
(and any renewal thereof) beginning on or after the date of the
enactment of this section and the 60 day period following such
duration.
(f) RULE OF CONSTRUCTION.—Nothing in this section may be
construed as limiting other statutory authorities the Director may
have to grant relief regarding filings or deadlines.
(g) SUNSET.—Notwithstanding subsection (a), the authorities
provided under this section shall expire upon the expiration of
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the 2-year period after the date of the enactment of this section.
(h) DEFINITIONS.—In this section:
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134 STAT. 518 PUBLIC LAW 116–136—MAR. 27, 2020
(1) DIRECTOR.—The term ‘‘Director’’ means the Under Sec-
retary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
(2) TRADEMARK ACT.—The term ‘‘Trademark Act’’ means
the Act entitled ‘‘An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the
provisions of certain international conventions, and for other
purposes’’, approved July 5, 1946 (15 U.S.C. 1051 et seq.).
(i) EMERGENCY REQUIREMENT.—The amount provided by this
section is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
ASSISTANCE TO FISHERY PARTICIPANTS
15 USC 1512 SEC. 12005. (a) IN GENERAL.—The Secretary of Commerce is
note. authorized to provide assistance to Tribal, subsistence, commercial,
and charter fishery participants affected by the novel coronavirus
(COVID–19), which may include direct relief payments.
(b) FISHERY PARTICIPANTS.—For the purposes of this section,
‘‘fishery participants’’ include Tribes, persons, fishing communities,
aquaculture businesses not otherwise eligible for assistance under
part 1416 of title 7 of the Code of Federal Regulations for losses
related to COVID–19, processors, or other fishery-related
businesses, who have incurred, as a direct or indirect result of
the coronavirus pandemic—
(1) economic revenue losses greater than 35 percent as
compared to the prior 5-year average revenue; or
(2) any negative impacts to subsistence, cultural, or ceremo-
nial fisheries.
(c) ROLLING BASIS.—Funds may be awarded under this section
on a rolling basis, and within a fishing season, to ensure rapid
delivery of funds during the COVID–19 pandemic.
(d) APPROPRIATIONS.—In addition to funds that are otherwise
made available to assist fishery participants under this Act, there
are authorized to be appropriated, and there are appropriated,
$300,000,000, to remain available until September 30, 2021, to
carry out this section, of which up to 2 percent may be used
for administration and oversight activities.
(e) EMERGENCY REQUIREMENT.—The amount provided by this
section is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
TITLE III
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Personnel,
Army’’, $746,591,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That such
amount is designated by the Congress as being for an emergency
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requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 519
NATIONAL GUARD PERSONNEL, AIR FORCE
For an additional amount for ‘‘National Guard Personnel, Air
Force’’, $482,125,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $160,300,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $360,308,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $90,000,000, to prevent, prepare for, and respond
to coronavirus, domestically or internationally: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $155,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE, ARMY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Army Reserve’’, $48,000,000, to prevent, prepare for, and respond
to coronavirus, domestically or internationally: Provided, That such
amount is designated by the Congress as being for an emergency
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requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
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134 STAT. 520 PUBLIC LAW 116–136—MAR. 27, 2020
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Army National Guard’’, $186,696,000, to prevent, prepare for, and
respond to coronavirus, domestically or internationally: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Air National Guard’’, $75,754,000, to prevent, prepare for, and
respond to coronavirus, domestically or internationally: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $827,800,000, to prevent, prepare for, and respond
to coronavirus, domestically or internationally: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
DEFENSE PRODUCTION ACT PURCHASES
For an additional amount for ‘‘Defense Production Act Pur-
chases’’, $1,000,000,000, to remain available until expended, to pre-
vent, prepare for, and respond to coronavirus, domestically or inter-
Time period. nationally: Provided, That for the two-year period beginning with
Waiver. the date of enactment of this Act, the requirements described in
50 USC 4531 Section 301(a)(3)(A) and 302(c)(1) of Public Law 81–774, shall be
note.
waived: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$1,450,000,000, to prevent, position, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That of the
amount provided under this heading in this Act, $475,000,000 shall
be for the Navy Working Capital Fund, $475,000,000 shall be for
the Air Force Working Capital Fund, and $500,000,000 shall be
for the Defense-Wide Working Capital Fund: Provided further, That
such amount is designated by the Congress as being for an emer-
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gency requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985.
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 521
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$3,805,600,000, of which $3,390,600,000 shall be for operation and
maintenance, and $415,000,000 shall be for research, development,
test and evaluation, to remain available until September 30, 2021,
to prevent, prepare for, and respond to coronavirus, domestically
or internationally: Provided, That, notwithstanding that one percent
of funding for operation and maintenance under this heading in
Public Law 116–93 shall remain available for obligation until Sep-
tember 30, 2021, funding for operation and maintenance made
available under this heading in this Act shall only be available
through September 30, 2020: Provided further, That such amount
is designated by the Congress as being for an emergency require-
ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
OFFICE OF THE INSPECTOR GENERAL
For an additional amount for ‘‘Office of the Inspector General’’,
$20,000,000, to prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That the funding made
available under this heading in this Act shall be used for conducting
audits and investigations of projects and activities carried out with
funds made available in this Act to the Department of Defense
to prevent, prepare for, and respond to coronavirus, domestically
or internationally: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISIONS—THIS TITLE
SEC. 13001. Funds appropriated by this title may be transferred Transfer
to, and merged with, other applicable appropriations of the Depart- authority.
ment of Defense, except for ‘‘Drug Interdiction and Counter-Drug
Activities, Defense’’, for expenses incurred in preventing, preparing
for, or responding to coronavirus, including expenses of the Depart-
ment of Defense incurred in support of other Federal Departments
and agencies, and State, local, and Indian tribal governments, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to which
transferred: Provided, That upon a determination that all or part Determination.
of the funds transferred pursuant to this section that are not
necessary for the purposes provided herein, such funds shall be
transferred back to the original appropriation: Provided further,
That the transfer authority provided by this section is in addition
to any other transfer authority provided by law.
SEC. 13002. For an additional amount for ‘‘Defense Health
Program’’, $1,095,500,000, which shall be for operation and mainte-
nance, and of which $1,095,500,000 may be available for contracts
entered into under the TRICARE program: Provided, That, notwith-
standing that one percent of funding for operation and maintenance
under this heading in Public Law 116–93 shall remain available
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for obligation until September 30, 2021, funding for operation and
maintenance made available under this heading in this section
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134 STAT. 522 PUBLIC LAW 116–136—MAR. 27, 2020
shall only be available through September 30, 2020: Provided fur-
ther, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
10 USC 2208 SEC. 13003. (a) Notwithstanding section 2208(l)(3) of title 10,
note. United States Code, during fiscal year 2020, the total amount
of the advance billings rendered or imposed for all working-capital
funds of the Department of Defense may exceed the amount other-
wise specified in such section.
Definition. (b) In this section, the term ‘‘advance billing’’ has the meaning
given that term in section 2208(l)(4) of title 10, United States
Code.
10 USC 2326 SEC. 13004. (a) Section 2326(b)(3) of title 10, United States
note. Code, shall not apply to any undefinitized contract action of the
Department of Defense related to the national emergency for the
Coronavirus Disease 2019 (COVID–19).
Definition. (b) In this section, the term ‘‘undefinitized contract action’’
has the meaning given that term in section 2326(j)(6) of title 10,
United States Code.
Waiver authority. SEC. 13005. (a) The head of an agency may waive the provisions
10 USC 2326 of section 2326(b) of title 10, United States Code, with respect
note.
to a contract of such agency if the head of the agency determines
that the waiver is necessary due to the national emergency for
the Coronavirus Disease 2019 (COVID–19).
Definition. (b) In this section, the term ‘‘head of an agency’’ has the
meaning given that term in section 2302(2) of title 10, United
States Code.
10 USC 2371b SEC. 13006. (a) Notwithstanding paragraph (3) of section
note. 2371b(a) of title 10, United States Code, the authority of a senior
procurement executive or director of the Defense Advanced Research
Projects Agency or Missile Defense Agency under paragraph (2)(A)
of such section, and the authority of the Under Secretaries of
Defense under paragraph (2)(B) of such section, for any transaction
related to the national emergency for the Coronavirus Disease
2019 (COVID–19) may be delegated to such officials in the Depart-
ment of Defense as the Secretary of Defense shall specify for pur-
poses of this section.
(b)(1) Notwithstanding clause (ii) of section 2371b(a)(2)(B) of
title 10, United States Code, no advance notice to Congress is
required under that clause for transitions described in that section
that are related to the national emergency for the Coronavirus
Disease 2019 (COVID–19).
Notification. (2) In the event a transaction covered by paragraph (1) is
carried out, the Under Secretary of Defense for Research and
Engineering or the Under Secretary of Defense for Acquisition
and Sustainment, as applicable, shall submit to the congressional
defense committees a notice on the carrying out of such transaction
as soon as is practicable after the commencement of the carrying
out of such transaction.
Definition. (3) In this subsection, the term ‘‘congressional defense commit-
tees’’ has the meaning given such term in section 101(a)(16) of
title 10, United States Code.
President. SEC. 13007. (a) The President may extend the appointment
Appointments. of the Chief of Army Reserve as prescribed in section 7038(c)
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Termination
dates.
of title 10, United States Code, for the incumbent in that position
10 USC 111 note. as of the date of the enactment of this Act until the date of
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PUBLIC LAW 116–136—MAR. 27, 2020 134 STAT. 523
the appointment of the successor to such incumbent, notwith-
standing any limitation otherwise imposed on such term by such
section 7038(c).
(b) The President may extend the appointment of the Chief
of Navy Reserve as prescribed in section 8083(c) of title 10, United
States Code, for the incumbent in that position as of the date
of the enactment of this Act until the date of the appointment
of the successor to such incumbent, notwithstanding any limitation
otherwise imposed on such term by such section 8083(c).
(c) The President may extend the appointment of the Chief
of Staff of the Air Force prescribed in section 9033(a)(1) of title
10, United States Code, for the incumbent in that position as
of the date of the enactment of this Act until the date of the
appointment of the successor to such incumbent, notwithstanding
any limitation otherwise imposed on such term by such section
9033(a)(1).
(d) The President may extend the appointment of the Chief
of Space Operations, as prescribed in section 9082(a)(2) of title
10, United States Code, for the incumbent in that position as
of the date of the enactment of this Act until the date of the
appointment of the successor to such incumbent, notwithstanding
any limitation otherwise imposed on such term by such section
9082(a)(2).
(e) The President may extend the appointment of the Chief
of the National Guard Bureau as prescribed in section 10502(b)
of title 10, United States Code, for the incumbent in that position
as of the date of the enactment of this Act until the date of
the appointment of the successor to such incumbent, notwith-
standing any limitation otherwise imposed on such term by such
section 10502(b).
(f) The President may extend the appointment of Director,
Army National Guard and Director, Air National Guard as pre-
scribed in section 10506(a)(3)(D) of title 10, United States Code,
for the incumbent in such position as of the date of the enactment
of this Act until the date of the appointment of the successor
to such incumbent, notwithstanding any limitation otherwise
imposed on such term by such section 10506(a)(3)(D).
(g) Notwithstanding paragraph (4) of section 10505(a) of title Waiver authority.
10, United States Code, the Secretary of Defense may waive the Time period.
limitations in paragraphs (2) and (3) of that section for a period
of not more than 270 days.
(h)(1) The President may delegate the exercise of the authorities
in subsections (a) through (f) to the Secretary of Defense.
(2) The Secretary of Defense may not redelegate the exercise
of any authority delegated to the Secretary pursuant to paragraph
(1), and may not delegate the exercise of the authority in subsection
(g).
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134 STAT. 524 PUBLIC LAW 116–136—MAR. 27, 2020
TITLE IV
CORPS OF ENGINEERS—CIVIL
DEPARTMENT OF THE ARMY
OPERATION AND MAINTENANCE
For an additional amount for ‘‘Operation and Maintenance’’,
$50,000,000, to remain available until September 30, 2021, to pre-
vent, prepare for, and respond to coronavirus, domestically or inter-
nationally: Provided, That such amount is designated by the Con-
gress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
EXPENSES
For an additional amount for ‘‘Expenses’’, $20,000,000, to
remain available until September 30, 2021, to prevent, prepare
for, and respond to coronavirus, domestically or internationally:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Water and Related Resources’’,
$12,500,000, to remain available until September 30, 2021, to pre-
vent, prepare for, and respond to coronavirus, domestically or inter-
nationally: Provided, That $500,000 of the funds provided under
this heading in this Act shall be transferred to the ‘‘Central Utah
Project Completion Account’’ to prevent, prepare for, and respond
to coronavirus: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
POLICY AND ADMINISTRATION
For an additional amount for ‘‘Policy and Administration’’,
$8,100,000, to remain available until September 30, 2021, to pre-
vent, prepare for, and respond to coronavirus, domestically or inter-
nationally: Provided, That such amount is designated by the Con-
gress as being for an emergency requirement pursuant to section
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251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
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