H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML ..................................................................... (Original Signature of Member) 116TH CONGRESS 2D SESSION H. R. ll Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Ml.llllll introduced the following bill; which was referred to the Committee on llllllllllllll A BILL Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Take Responsibility 5 for Workers and Families Act’’. 6 SEC. 2. TABLE OF CONTENTS. 7 The table of contents is as follows: DIVISION A—THIRD CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020 L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 2 Title I—Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Title II—Commerce, Justice, Science, and Related Agencies Title III—Department of Defense Title IV—Energy and Water Development and Related Agencies Title V—Financial Services and General Government Title VI—Department of Homeland Security Title VII—Interior, Environment, and Related Agencies Title VIII—Departments of Labor, Health and Human Services, and Education, and Related Agencies Title IX—Legislative Branch Title X—Military Construction, Veterans Affairs, and Related Agencies Title XI—Department of State, Foreign Operations, and Related Programs Title XII—Transportation, Housing and Urban Development, and Related Agencies Title XIII—General Provisions—This Division DIVISION B—EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT DIVISION C—EMERGENCY PAID SICK LEAVE ACT AMENDMENTS DIVISION D—COVID–19 WORKERS FIRST PROTECTION ACT OF 2020 DIVISION E—COVID–19 WORKFORCE EMERGENCY RESPONSE ACT OF 2020 DIVISION F—FAMILY SUPPORT PROVISIONS DIVISION G—HEALTH PROVISIONS Title ll—Child Care For Essential Workers DIVISION H—EMERGENCY CORONAVIRUS PANDEMIC UNEMPLOYMENT COMPENSATION ACT OF 2020 Title Title Title Title I—Federal Benefit Enhancements II—Expanded Eligibility for Unemployment Compensation III—Relief for Governmental and Nonprofit Entities IV—Emergency Assistance for Rail Workers DIVISION I—FINANCIAL SERVICES Title I—Protecting Consumers, Renters, Homeowners and People Experiencing Homelessness Title II—Assisting Small Businesses and Community Financial Institutions Title III—Supporting State, Territory, and Local Governments Title IV—Promoting Financial Stability and Transparent Markets Title V—Investing in A Sustainable Recovery DIVISION J—EDUCATION RELIEF AND OTHER PROGRAMS Title I—Education provisions Title II—Other programs DIVISION K—AGRICULTURE PROVISIONS L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 3 Title I—Commodity Support and other Agriculture Programs Title II—Supplemental Nutrition Assistance Program DIVISION L—ACCESS ACT DIVISION M—OVERSIGHT AND ACCOUNTABILITY DIVISION N—U.S. POSTAL SERVICE PROVISIONS DIVISION O—FEDERAL WORKFORCE PROVISIONS DIVISION P—FEDERAL EMPLOYEE COLLECTIVE BARGAINING AND OFFICIAL TIME DIVISION Q—STUDENT VETERAN CORONAVIRUS RESPONSE ACT OF 2020 DIVISION R—AVIATION WORKER RELIEF Title Title Title Title Title Title Title Title I—Aviation Worker Relief II—Labor Protections III—Airline Industry Financial Oversight IV—Airport Relief V—Small Community Air Service VI—Consumer Protections VII—Environmental Protections VIII—Miscellaneous DIVISION S—SBC PROVISIONS DIVISION T—REVENUE PROVISIONS Title Title Title Title Title I—Health-related tax relief II—Economic Stimulus III—Administrative IV—Retirement provisions V—Rehabilitation for Multiemployer Pensions DIVISION U—TELECOMMUNICATIONS PROVISIONS Title Title Title Title Title I—COVID–19 Price Gouging Prevention II—E–Rate Support for Wi-Fi Hotspots and Connected Devices III—Emergency Lifeline Benefit for Broadband Service IV—Continued Connectivity V—Don’t Break Up the T–Band DIVISION V—GROW ACT DIVISION W—OTHER MATTERS 1 SEC. 3. REFERENCES. 2 Except as expressly provided otherwise, any reference 3 to ‘‘this Act’’ contained in any division of this Act shall L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 4 1 be treated as referring only to the provisions of that divi2 sion. 3 DIVISION A—THIRD CORONAVIRUS PRE4 PAREDNESS AND RESPONSE SUPPLE- 5 MENTAL APPROPRIATIONS ACT, 2020 6 TITLE I—AGRICULTURE, RURAL DEVELOP- 7 MENT, FOOD AND DRUG ADMINISTRATION, 8 AND RELATED AGENCIES 9 10 DEPARTMENT OF AGRICULTURE ANIMAL AND 11 PLANT HEALTH INSPECTION SERVICE SALARIES AND EXPENSES 12 For an additional amount for ‘‘Salaries and Ex- 13 penses’’, $55,000,000, to prevent, prepare for, and re14 spond to coronavirus, to supplement amounts otherwise 15 available for the Agricultural Quarantine Inspection Pro16 gram: Provided, That such amount is designated by the 17 Congress as being for an emergency requirement pursuant 18 to section 251(b)(2)(A)(i) of the Balanced Budget and 19 Emergency Deficit Control Act of 1985. 20 AGRICULTURAL MARKETING SERVICE 21 MARKETING SERVICES 22 For an additional amount for ‘‘Marketing Services’’, 23 $45,000,000, to prevent, prepare for, and respond to 24 coronavirus, to supplement amounts otherwise available 25 for commodity grading, inspection, and audit activities: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 5 1 Provided, That such amount is designated by the Congress 2 as being for an emergency requirement pursuant to sec3 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer4 gency Deficit Control Act of 1985. 5 FOOD SAFETY 6 AND INSPECTION SERVICE For an additional amount for ‘‘Food Safety and In- 7 spection Service’’, $33,000,000, to prevent, prepare for, 8 and respond to coronavirus, for the support of temporary 9 and intermittent workers, temporary inspection relocation, 10 and overtime inspection costs: Provided, That such 11 amount is designated by the Congress as being for an 12 emergency requirement pursuant to section 13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 14 Deficit Control Act of 1985. 15 FARM SERVICE AGENCY 16 SALARIES AND EXPENSES 17 For an additional amount for ‘‘Salaries and Ex- 18 penses’’, $3,000,000, to prevent, prepare for, and respond 19 to coronavirus, for temporary staff and overtime expenses: 20 Provided, That such amount is designated by the Congress 21 as being for an emergency requirement pursuant to sec22 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 6 1 RURAL BUSINESS—COOPERATIVE SERVICE 2 RURAL BUSINESS PROGRAM ACCOUNT 3 For an additional amount for ‘‘Rural Business Pro- 4 gram Account’’, $20,500,000, to remain available until 5 September 30, 2021, to prevent, prepare for, and respond 6 to coronavirus, for the cost of loans for rural business de7 velopment programs authorized by section 310B and de8 scribed in subsection (g) of section 310B of the Consoli9 dated Farm and Rural Development Act: Provided, That 10 such amount is designated by the Congress as being for 11 an emergency requirement pursuant to section 12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 13 Deficit Control Act of 1985. 14 RURAL UTILITIES SERVICE 15 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND 16 PROGRAM 17 For an additional amount for ‘‘Distance Learning, 18 Telemedicine, and Broadband Program’’, $25,000,000, to 19 remain available until September 30, 2021, to prevent, 20 prepare for, and respond to coronavirus, for grants for 21 telemedicine and distance learning services in rural areas 22 as authorized by 7 U.S.C. 950aaa et seq.: Provided, That 23 such amount is designated by the Congress as being for 24 an emergency requirement pursuant to section L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 7 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 FOOD 4 AND NUTRITION SERVICE COMMODITY ASSISTANCE PROGRAM 5 For an additional amount for ‘‘Commodity Assistance 6 Program’’, for the emergency food assistance program as 7 authorized by section 27(a) of the Food and Nutrition Act 8 of 2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the 9 Emergency Food Assistance Act of 1983 (7 U.S.C. 10 7508(a)(1)), $450,000,000, to remain available through 11 September 30, 2021, to prevent, prepare for, and respond 12 to coronavirus: Provided, That of the funds made avail13 able, the Secretary may use up to $200,000,000 for costs 14 associated with the distribution of commodities: Provided 15 further, That such amount is designated by the Congress 16 as being for an emergency requirement pursuant to sec17 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985. 19 FOREIGN AGRICULTURAL SERVICE 20 SALARIES AND EXPENSES 21 For an additional amount for ‘‘Salaries and Ex- 22 penses’’, $4,000,000, to prevent, prepare for, and respond 23 to coronavirus: Provided, That such amount is designated 24 by the Congress as being for an emergency requirement L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 8 1 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg2 et and Emergency Deficit Control Act of 1985. 3 DEPARTMENT OF HEALTH AND HUMAN 4 SERVICES 5 FOOD 6 AND DRUG ADMINISTRATION SALARIES AND EXPENSES 7 For an additional amount for ‘‘Salaries and Ex- 8 penses’’, $80,000,000, to remain available until expended, 9 to prevent, prepare for, and respond to coronavirus, for 10 efforts on potential medical product shortages, enforce11 ment work against counterfeit or misbranded products, 12 work on Emergency Use Authorizations, pre- and post13 market work on medical countermeasures, therapies, vac14 cines and research, and related administrative activities: 15 Provided, That such amount is designated by the Congress 16 as being for an emergency requirement pursuant to sec17 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985. 19 GENERAL PROVISIONS—THIS TITLE 20 SEC. 10101. For an additional amount for grants 21 under the pilot program established under section 779 of 22 Public Law 115–141, to prevent, prepare for, and respond 23 to coronavirus, $258,000,000, to remain available until 24 September 30, 2021: Provided, That at least 90 percent 25 of the households to be served by a project receiving a L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 9 1 grant shall be in a rural area without sufficient access to 2 broadband: Provided further, That for purposes of such 3 pilot program, a rural area without sufficient access to 4 broadband shall be defined as 10 Mbps downstream and 5 1 Mbps upstream, and such definition shall be reevaluated 6 and redefined, as necessary, on an annual basis by the 7 Secretary of Agriculture: Provided further, That an entity 8 to which a grant is made under the pilot program shall 9 not use a grant to overbuild or duplicate broadband expan10 sion efforts made by any entity that has received a 11 broadband loan from the Rural Utilities Service: Provided 12 further, That priority consideration for grants shall be 13 given to previous applicants now eligible as a result of ad14 justed eligibility requirements: Provided further, That not 15 more than three percent of the funds made available in 16 this paragraph may be used for administrative costs to 17 carry out the program: Provided further, That such 18 amount is designated by the Congress as being for an 19 emergency requirement pursuant to section 20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 21 Deficit Control Act of 1985. 22 SEC. 10102. The first amount under ‘‘Child Nutri- 23 tion Programs’’ in Division B of the Further Consolidated 24 Appropriations Act, 2020 (P.L. 116–94) is amended by L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 10 1 striking ‘‘$23,615,098,000’’ and inserting 2 ‘‘$32,615,098,000’’. 3 SEC. 10103. The matter under the heading ‘‘Supple- 4 mental Nutrition Assistance Program’’ in division B of the 5 Further Consolidated Appropriations Act, 2020 (Public 6 Law 116–94) is amended by inserting before ‘‘: Provided,’’ 7 the following: ‘‘and for an additional amount, such sums 8 as may be necessary to remain available through Sep9 tember 30, 2022, which shall be placed in reserve for use 10 only in such amounts and at such times as may become 11 necessary to carry out program operations’’. 12 SEC. 10104. For an additional amount for ‘‘Supple- 13 mental Nutrition Assistance Program’’, to supplement 14 funds otherwise available for the Food Distribution Pro15 gram on Indian Reservations, $100,000,000, to remain 16 available through September 30, 2021, to prevent, prepare 17 for, and respond to coronavirus: Provided, That of the 18 total amount available, $50,000,000 is for administrative 19 expenses, including facility improvements and equipment 20 upgrades, and $50,000,000 is for the costs relating to ad21 ditional food purchases: Provided further, That such 22 amount is designated by the Congress as being for an 23 emergency requirement pursuant to section 24 251(b)(2)(A)(i) of the Balanced Budget and Emergency 25 Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 11 1 SEC. 10105. In addition to amounts otherwise made 2 available, $200,000,000, to remain available through Sep3 tember 30, 2021, to prevent, prepare for, and respond to 4 coronavirus, shall be available for the Secretary of Agri5 culture to provide grants to the Commonwealth of the 6 Northern Mariana Islands, Puerto Rico, and American 7 Samoa for nutrition assistance: Provided, That such 8 amount is designated by the Congress as being for an 9 emergency requirement pursuant to section 10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985. 12 SEC. 10106. The Secretary may extend the term of 13 a marketing assistance loan authorized by section 1201 14 of the Agricultural Act of 2014 (7 U.S.C. 9033) for any 15 loan commodity to 12 months: Provided, That the author16 ity made available pursuant to this section shall expire on 17 September 30, 2020: Provided further, That amounts 18 made available by this section are designated by the Con19 gress as being for an emergency requirement pursuant to 20 section 251(b)(2)(A)(i) of the Balanced Budget and 21 Emergency Deficit Control Act of 1985. 22 SEC. 10107. Notwithstanding any other provision of 23 law, funds made available under each heading in this title 24 shall only be used for the purposes specifically described 25 under that heading. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 12 1 TITLE II—COMMERCE, JUSTICE, SCIENCE, AND 2 RELATED AGENCIES 3 DEPARTMENT OF COMMERCE 4 ECONOMIC DEVELOPMENT ADMINISTRATION 5 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 6 (INCLUDING TRANSFERS OF FUNDS) 7 For an additional amount for ‘‘Economic Develop- 8 ment Assistance Programs’’ for necessary expenses related 9 to responding to economic injury as a result of 10 coronavirus, $2,000,000,000, to remain available until 11 September 30, 2022: Provided, That such amount shall 12 be for economic adjustment assistance as authorized by 13 section 209 of the Public Works and Economic Develop14 ment Act of 1965 (42 U.S.C. 3149): Provided further, 15 That within the amount appropriated, up to 2 percent of 16 funds appropriated in this paragraph may be transferred 17 to ‘‘Salaries and Expenses’’ for administration and over18 sight activities: Provided further, That the Secretary of 19 Commerce is authorized to appoint and fix the compensa20 tion of such temporary personnel as may be necessary to 21 implement the requirements under this heading, without 22 regard to the provisions of title 5, United States Code, 23 governing appointments in competitive service: Provided 24 further, That the Secretary of Commerce is authorized to 25 appoint such temporary personnel, after serving continu- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 13 1 ously for 2 years, to positions in the Economic Develop2 ment Administration in the same manner that competitive 3 service employees with competitive status are considered 4 for transfer, reassignment, or promotion to such positions, 5 and an individual appointed under this proviso shall be6 come a career-conditional employee, unless the employee 7 has already completed the service requirements for career 8 tenure: Provided further, That within the amount appro9 priated in this paragraph, $4,000,000 shall be transferred 10 to ‘‘Office of Inspector General’’ for carrying out inves11 tigations and audits related to the funding provided under 12 this heading: Provided further, That such amount is des13 ignated by the Congress as being for an emergency re14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985. 16 MINORITY BUSINESS DEVELOPMENT AGENCY 17 MINORITY BUSINESS DEVELOPMENT 18 For an additional amount for ‘‘Minority Business De- 19 velopment’’ for necessary expenses for the Business Cen20 ters and Specialty Centers, including any cost sharing re21 quirements that may exist, for assisting minority business 22 enterprises to prevent, prepare for, and respond to 23 coronavirus, including identifying and accessing local, 24 State, and Federal government assistance related to such 25 virus, $15,000,000, to remain available until September L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 14 1 30, 2021: Provided, That such amount is designated by 2 Congress as being for an emergency requirement pursuant 3 to section 251(b)(2)(A)(i) of the Balanced Budget and 4 Emergency Deficit Control Act of 1985. 5 NATIONAL INSTITUTE 6 OF STANDARDS AND TECHNOLOGY SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES 7 For an additional amount for ‘‘Scientific and Tech- 8 nical Research and Services’’ for necessary expenses to 9 prevent, prepare for, and respond to coronavirus, 10 $6,000,000, to remain available until September 30, 2021, 11 including for measurement science to support testing for 12 such virus (or viral strains mutating therefrom) and bio13 manufacturing: Provided, That such amount is designated 14 by the Congress as being for an emergency requirement 15 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg16 et and Emergency Deficit Control Act of 1985. 17 INDUSTRIAL TECHNOLOGY SERVICES 18 For an additional amount for ‘‘Industrial Technology 19 Services’’ for necessary expenses, $75,000,000, to remain 20 available until September 30, 2021, of which $50,000,000 21 shall be for the Hollings Manufacturing Extension Part22 nership to assist manufacturers to prevent, prepare for, 23 and respond to coronavirus, and of which $25,000,000 24 shall be for the National Network for Manufacturing Inno25 vation (also known as ‘‘Manufacturing USA’’ ) to support L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 15 1 development and manufacturing of medical counter2 measures and biomedical equipment and supplies: Pro3 vided, That none of the funds provided under this heading 4 shall be subject to cost share requirements under 15 5 U.S.C. 278k(e)(2) or 15 U.S.C. 278s(e)(7)(A): Provided 6 further, That such amount is designated by the Congress 7 as being for an emergency requirement pursuant to sec8 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer9 gency Deficit Control Act of 1985. 10 NATIONAL OCEANIC AND ATMOSPHERIC 11 ADMINISTRATION 12 OPERATIONS, RESEARCH, AND FACILITIES 13 For an additional amount for ‘‘Operations, Research, 14 and Facilities’’ for necessary expenses to prevent, prepare 15 for, and respond to coronavirus, $33,200,000, to remain 16 available until September 30, 2021: Provided, That such 17 amount is designated by the Congress as being for an 18 emergency requirement pursuant to section 19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 20 Deficit Control Act of 1985. 21 DEPARTMENT OF JUSTICE 22 FEDERAL PRISON SYSTEM 23 SALARIES AND EXPENSES 24 For an additional amount for ‘‘Salaries and Ex- 25 penses’’, $100,000,000, to remain available until Sep- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 16 1 tember 30, 2021, for necessary expenses to prevent, pre2 pare for, and respond to coronavirus, including for main3 taining correctional operations, including overtime costs, 4 temporary facilities, purchase and rental of equipment, 5 medical services and supplies, and emergency prepared6 ness: Provided, That such amount is designated by the 7 Congress as being for an emergency requirement pursuant 8 to section 251(b)(2)(A)(i) of the Balanced Budget and 9 Emergency Deficit Control Act of 1985. 10 STATE 11 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 12 AND LOCAL LAW ENFORCEMENT ACTIVITIES For an additional amount for ‘‘State and Local Law 13 Enforcement Assistance’’, $500,000,000, to remain avail14 able until September 30, 2021, to prevent, prepare for, 15 and respond to coronavirus, including for the purchase of 16 personal protective equipment, for the Edward Byrne Me17 morial Justice Assistance Grant program as authorized by 18 subpart 1 of part E of title I of the Omnibus Crime Con19 trol and Safe Streets Acts of 1968 (‘‘1968 Act’’), (except 20 that the allocation provisions under sections 505(a) 21 through (e) and the special rules for Puerto Rico under 22 section 505(g), and section 1001(c), of the 1968 Act, shall 23 not apply for purposes of this Act), to be distributed in 24 relative proportion to fiscal year 2016 allocations: Pro25 vided, That awards made using amounts provided in this L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 17 1 paragraph shall be made only with the same requirements, 2 conditions, compliance, and certification as fiscal year 3 2016: Provided further, That such amount is designated 4 by the Congress as being for an emergency requirement 5 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg6 et and Emergency Deficit Control Act of 1985. 7 JUVENILE JUSTICE PROGRAMS 8 For an additional amount for ‘‘Juvenile Justice Pro- 9 grams’’, $100,000,000, to remain available until Sep10 tember 30, 2021, to prevent, prepare for, and respond to 11 coronavirus, of which $75,000,000 shall be for programs 12 authorized by section 221 of the Juvenile Justice and De13 linquency Prevention Act of 1974 (‘‘the 1974 Act’’), and 14 $25,000,000 for delinquency prevention, as authorized by 15 section 261 of the 1974 Act: Provided, That such amount 16 is designated by the Congress as being for an emergency 17 requirement pursuant to section 251(b)(2)(A)(i) of the 18 Balanced Budget and Emergency Deficit Control Act of 19 1985. 20 21 SCIENCE NATIONAL AERONAUTICS 22 AND SPACE ADMINISTRATION SAFETY, SECURITY AND MISSION SERVICES 23 For an additional amount for ‘‘Safety, Security and 24 Mission Services’’, $100,000,000, to remain available until 25 September 30, 2021, to prevent, prepare for, and respond L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 18 1 to coronavirus: Provided, That such amount is designated 2 by the Congress as being for an emergency requirement 3 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg4 et and Emergency Deficit Control Act of 1985. 5 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND 6 RESTORATION 7 For an additional amount for ‘‘Construction and En- 8 vironmental Compliance and Restoration’’, $100,000,000, 9 to remain available until September 30, 2021, to prevent, 10 prepare for, and respond to coronavirus: Provided, That 11 such amount is designated by the Congress as being for 12 an emergency requirement pursuant to section 13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 14 Deficit Control Act of 1985. 15 NATIONAL SCIENCE FOUNDATION 16 RESEARCH AND RELATED ACTIVITIES 17 For an additional amount for ‘‘Research and Related 18 Activities’’, $100,000,000, to remain available until Sep19 tember 30, 2021, to prevent, prepare for, and respond to 20 coronavirus, domestically and internationally, including to 21 fund research grants and other necessary expenses: Pro22 vided, That such amount is designated by the Congress 23 as being for an emergency requirement pursuant to sec24 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer25 gency Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 19 1 AGENCY OPERATIONS AND AWARD MANAGEMENT 2 For an additional amount for ‘‘Agency Operations 3 and Award Management’’, $2,000,000, to prevent, pre4 pare for, and respond to coronavirus, domestically and 5 internationally, including to administer research grants 6 and other necessary expenses: Provided, That such 7 amount is designated by the Congress as being for an 8 emergency requirement pursuant to section 9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 RELATED AGENCIES 12 LEGAL SERVICES CORPORATION 13 PAYMENT TO THE LEGAL SERVICES CORPORATION 14 For an additional amount for ‘‘Payment to the Legal 15 Services Corporation’’ to carry out the purposes of the 16 Legal Services Corporation Act by providing for necessary 17 expenses to prevent, prepare for, and respond to 18 coronavirus, $100,000,000, to remain available until Sep19 tember 30, 2021: Provided, That none of the funds appro20 priated in this Act to the Legal Services Corporation shall 21 be expended for any purpose prohibited or limited by, or 22 contrary to any of the provisions of, sections 501, 502, 23 503, 504, 505, and 506 of Public Law 105–119, and all 24 funds appropriated in this Act to the Legal Services Cor25 poration shall be subject to the same terms and conditions L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 20 1 set forth in such sections, except that all references in sec2 tions 502 and 503 to 1997 and 1998 shall be deemed to 3 refer instead to 2020 and 2021, respectively, and except 4 that sections 501 and 503 of Public Law 104–134 (ref5 erenced by Public Law 105–119) shall not apply to the 6 amount made available under this heading: Provided fur7 ther, That for the purposes of this Act, the Legal Services 8 Corporation shall be considered an agency of the United 9 States Government: Provided further, That such amount 10 is designated by the Congress as being for an emergency 11 requirement pursuant to section 251(b)(2)(A)(i) of the 12 Balanced Budget and Emergency Deficit Control Act of 13 1985. 14 GENERAL PROVISIONS—THIS TITLE 15 SEC. 10201. (a) Amounts provided by the Depart- 16 ment of Commerce Appropriations Act, 2020, for the Hol17 lings Manufacturing Extension Partnership under the 18 heading ‘‘National Institute of Standards and Tech19 nology—Industrial Technology Services’’ shall not be sub20 ject to cost share requirements under 15 U.S.C. 21 278k(e)(2). 22 (b) Subsection (a) shall not apply to the extent that 23 a Manufacturing Extension Partnership Center receives 24 funding from a State that is conditioned upon the applica25 tion of a Federal cost sharing requirement to the Center. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 21 1 SEC. 10202. (a) Funds appropriated in this title for 2 the National Science Foundation may be made available 3 to restore amounts, either directly or through reimburse4 ment, for obligations incurred by the National Science 5 Foundation for research grants and other necessary ex6 penses to prevent, prepare for, and respond to 7 coronavirus, domestically or internationally, prior to the 8 date of enactment of this Act. 9 (b) Grants or cooperative agreements made by the 10 National Science Foundation under this title, to carry out 11 research grants and other necessary expenses to prevent, 12 prepare for, and respond to coronavirus, domestically or 13 internationally, shall include amounts to reimburse costs 14 for these purposes incurred between January 20, 2020, 15 and the date of issuance of such grants or agreements. 16 SEC. 10203. (a)(1) Section 110(b)(2)(C) of the Fam- 17 ily and Medical Leave Act of 1993 (as added by division 18 C of the Families First Coronavirus Response Act) and 19 section 5110(5)(C) of the Families First Coronavirus Re20 sponse Act (relating to varying schedule hours calculation) 21 shall not apply to the Bureau of the Census regarding any 22 employee hired pursuant to section 23(c) of title 13, 23 United States Code. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 22 1 (2) Any such employee shall be entitled to 40 2 hours of paid leave under division E of the Families 3 First Coronavirus Response Act. 4 (b) With respect to any temporary employee of the 5 Bureau of the Census, including any employee hired pur6 suant to section 23(c) of title 13, United States Code, the 7 Bureau may classify any leave provided by the Bureau 8 pursuant to the amendments made by division C of the 9 Families First Coronavirus Response Act or division E of 10 such Act to such an employee (based on such employee’s 11 status as an employee of the Bureau) as any leave cat12 egory necessary to comport with the Bureau’s leave sys13 tem. 14 SEC. 10204. Notwithstanding any other provision of 15 law, funds made available under each heading in this title 16 shall only be used for the purposes specifically described 17 under that heading. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 23 1 TITLE III—DEPARTMENT OF DEFENSE 2 DEPARTMENT OF DEFENSE 3 MILITARY PERSONNEL 4 MILITARY PERSONNEL, ARMY 5 For an additional amount for Military Personnel, 6 Army, $37,900,000, for necessary expenses to prevent, 7 prepare for, and respond to coronavirus: Provided, That 8 such amount is designated by the Congress as being for 9 an emergency requirement pursuant to section 10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985. 12 MILITARY PERSONNEL, NAVY 13 For an additional amount for Military Personnel, 14 Navy, $37,900,000, for necessary expenses to prevent, 15 prepare for, and respond to coronavirus: Provided, That 16 such amount is designated by the Congress as being for 17 an emergency requirement pursuant to section 18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 19 Deficit Control Act of 1985. 20 MILITARY PERSONNEL, MARINE CORPS 21 For an additional amount for Military Personnel, Ma- 22 rine Corps, $9,900,000, for necessary expenses to prevent, 23 prepare for, and respond to coronavirus: Provided, That 24 such amount is designated by the Congress as being for 25 an emergency requirement pursuant to section L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 24 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 MILITARY PERSONNEL, AIR FORCE 4 For an additional amount for Military Personnel, Air 5 Force, $37,900,000, for necessary expenses to prevent, 6 prepare for, and respond to coronavirus: Provided, That 7 such amount is designated by the Congress as being for 8 an emergency requirement pursuant to section 9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 NATIONAL GUARD PERSONNEL, ARMY 12 For an additional amount for National Guard Per- 13 sonnel, Army, $804,529,000, for necessary expenses to 14 prevent, prepare for, and respond to coronavirus: Pro15 vided, That such amount is designated by the Congress 16 as being for an emergency requirement pursuant to sec17 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985. 19 NATIONAL GUARD PERSONNEL, AIR FORCE 20 For an additional amount for National Guard Per- 21 sonnel, Air Force, $402,063,000, for necessary expenses 22 to prevent, prepare for, and respond to coronavirus: Pro23 vided, That such amount is designated by the Congress 24 as being for an emergency requirement pursuant to sec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 25 1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 3 OPERATION 4 AND MAINTENANCE OPERATION AND MAINTENANCE, ARMY 5 For an additional amount for ‘‘Operation and Main- 6 tenance, Army’’, $105,300,000, to remain available until 7 September 30, 2021, to prevent, prepare for, and respond 8 to coronavirus: Provided, That such amount is designated 9 by the Congress as being for an emergency requirement 10 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg11 et and Emergency Deficit Control Act of 1985. 12 OPERATION AND MAINTENANCE, NAVY 13 For an additional amount for ‘‘Operation and Main- 14 tenance, Navy’’, $568,408,000, to remain available until 15 September 30, 2021, to prevent, prepare for, and respond 16 to coronavirus: Provided, That such amount is designated 17 by the Congress as being for an emergency requirement 18 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg19 et and Emergency Deficit Control Act of 1985. 20 OPERATION AND MAINTENANCE, MARINE CORPS 21 For an additional amount for ‘‘Operation and Main- 22 tenance, Marine Corps’’, $70,000,000, to remain available 23 until September 30, 2021, to prevent, prepare for, and re24 spond to coronavirus: Provided, That such amount is des25 ignated by the Congress as being for an emergency re- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 26 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 3 OPERATION AND MAINTENANCE, AIR FORCE 4 For an additional amount for ‘‘Operation and Main- 5 tenance, Air Force’’, $154,000,000, to remain available 6 until September 30, 2021, to prevent, prepare for, and re7 spond to coronavirus: Provided, That such amount is des8 ignated by the Congress as being for an emergency re9 quirement pursuant to section 251(b)(2)(A)(i) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985. 11 OPERATION AND MAINTENANCE, DEFENSE-WIDE 12 For an additional amount for ‘‘Operation and Main- 13 tenance, Defense-Wide’’, $927,800,000, to remain avail14 able until September 30, 2021, to prevent, prepare for, 15 and respond to coronavirus: Provided, That such amount 16 is designated by the Congress as being for an emergency 17 requirement pursuant to section 251(b)(2)(A)(i) of the 18 Balanced Budget and Emergency Deficit Control Act of 19 1985. 20 OPERATION AND MAINTENANCE, ARMY RESERVE 21 For an additional amount for ‘‘Operation and Main- 22 tenance, Army Reserve’’, $48,000,000, to remain available 23 until September 30, 2021, to prevent, prepare for, and re24 spond to coronavirus: Provided, That such amount is des25 ignated by the Congress as being for an emergency re- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 27 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 3 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 4 For an additional amount for ‘‘Operation and Main- 5 tenance, Army National Guard’’, $194,002,000, to remain 6 available until September 30, 2021, to prevent, prepare 7 for, and respond to coronavirus: Provided, That such 8 amount is designated by the Congress as being for an 9 emergency requirement pursuant to section 10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985. 12 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 13 For an additional amount for ‘‘Operation and Main- 14 tenance, Air National Guard’’, $79,406,000, to remain 15 available until September 30, 2021, to prevent, prepare 16 for, and respond to coronavirus: Provided, That such 17 amount is designated by the Congress as being for an 18 emergency requirement pursuant to section 19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 20 Deficit Control Act of 1985. 21 PROCUREMENT 22 DEFENSE PRODUCTION ACT PURCHASES 23 For an additional amount for ‘‘Defense Production 24 Act Purchases’’, $500,000,000 to remain available until 25 September 30, 2022, to prevent, prepare for, and respond L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 28 1 to coronavirus: Provided, That the Secretary of Defense 2 may waive the requirements of 50 U.S.C. 5433(a)(6) on 3 a case-by-case basis upon three days prior written notifica4 tion to the Committees on Appropriations and Banking, 5 Housing, and Urban Affairs of the Senate, and the Com6 mittees on Appropriations and Financial Services of the 7 House of Representatives. Provided further, That such 8 amount is designated by the Congress as being for an 9 emergency requirement pursuant to section 10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985. 12 OTHER DEPARTMENT 13 OF DEFENSE PROGRAMS DEFENSE HEALTH PROGRAM 14 For an additional amount for ‘‘Defense Health Pro- 15 gram’’, $3,805,500,000, to prevent, prepare for, and re16 spond to coronavirus; of which $3,561,500,000 shall be 17 for operation and maintenance to remain available until 18 September 30, 2020; and of which $244,000,000, to re19 main available for obligation until September 30, 2021, 20 shall be for research, development, test and evaluation: 21 Provided, That such amount is designated by the Congress 22 as being for an emergency requirement pursuant to sec23 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer24 gency Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 29 1 GENERAL PROVISIONS—THIS TITLE 2 SEC. 10301. Notwithstanding any other provision of 3 law, funds made available under each heading in this title 4 shall only be used for the purposes specifically described 5 under that heading. 6 SEC. 10302. Upon the determination of the Secretary 7 of Defense that such action is necessary in the national 8 interest, the Secretary may transfer up to $500,000,000 9 between the appropriations or funds made available to the 10 Department of Defense for expenses relating to the use 11 of the National Guard in response to coronavirus: Pro12 vided, That such funds may only be transferred among 13 military personnel and operation and maintenance ac14 counts for the National Guard provided for in this title: 15 Provided further, That the Secretary shall notify the Con16 gress promptly of each transfer made pursuant to the au17 thority in this section: Provided further, That the author18 ity provided in this section is in addition to any other 19 transfer authority available to the Department of Defense 20 and is subject to the same terms and conditions as the 21 authority provided in section 8005 of the Department of 22 Defense Appropriations Act, 2020: Provided further, That 23 the transfer authority in sections 8005 and 9002 of the 24 Department of Defense Appropriations Act, 2020, shall L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 30 1 not apply to amounts appropriated or otherwise made 2 available in this title. 3 SEC. 10303. Notwithstanding section 2208(l)(3) of 4 title 10, United States Code, during fiscal year 2020, the 5 amount of advance billings rendered or imposed by De6 fense working capital funds may exceed $1,000,000,000. 7 In the preceding sentence, the term ‘‘advance billing’’ has 8 the meaning given the term in section 2208(l)(4) of such 9 title. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 31 1 TITLE IV—ENERGY AND WATER 2 DEVELOPMENT AND RELATED AGENCIES 3 CORPS OF ENGINEERS—CIVIL 4 DEPARTMENT OF THE ARMY 5 CORPS 6 OPERATION AND MAINTENANCE 7 OF ENGINEERS—CIVIL For an additional amount for ‘‘Operation and Main- 8 tenance’’, $50,000,000, to remain available until Sep9 tember 30, 2021, to prevent, prepare for, and respond to 10 coronavirus: Provided, That such amount is designated by 11 the Congress as being for an emergency requirement pur12 suant to section 251(b)(2)(A)(i) of the Balanced Budget 13 and Emergency Deficit Control Act of 1985. 14 EXPENSES 15 For an additional amount for ‘‘Expenses’’, 16 $20,000,000, to remain available until September 30, 17 2021, to prevent, prepare for, and respond to coronavirus: 18 Provided, That such amount is designated by the Congress 19 as being for an emergency requirement pursuant to sec20 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer21 gency Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 32 1 DEPARTMENT OF THE INTERIOR 2 BUREAU OF RECLAMATION 3 WATER AND RELATED RESOURCES 4 (INCLUDING TRANSFER OF FUNDS) 5 For an additional amount for ‘‘Water and Related 6 Resources’’, $12,500,000, to remain available until Sep7 tember 30, 2021, to prevent, prepare for, and respond to 8 coronavirus: Provided, That $500,000 of the funds pro9 vided under this paragraph shall be transferred to the 10 Central Utah Project Completion Account to prevent, pre11 pare for, and respond to coronavirus: Provided further, 12 That such amount is designated by the Congress as being 13 for an emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 POLICY AND ADMINISTRATION 17 For an additional amount for ‘‘Policy and Adminis- 18 tration’’, $8,100,000, to remain available until September 19 30, 2021, for necessary expenses to prevent, prepare for, 20 and respond to coronavirus: Provided, That such amount 21 is designated by the Congress as being for an emergency 22 requirement pursuant to section 251(b)(2)(A)(i) of the 23 Balanced Budget and Emergency Deficit Control Act of 24 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 33 1 DEPARTMENT OF ENERGY 2 ENERGY PROGRAMS 3 SCIENCE 4 For an additional amount for ‘‘Science’’, 5 $99,500,000, to remain available until September 30, 6 2021, to prevent, prepare for, and respond to coronavirus, 7 for necessary expenses related to providing support and 8 access to scientific user facilities in the Office of Science, 9 including equipment, enabling technologies, and personnel 10 associated with the operations of those scientific user fa11 cilities: Provided, That such amount is designated by the 12 Congress as being for an emergency requirement pursuant 13 to section 251(b)(2)(A)(i) of the Balanced Budget and 14 Emergency Deficit Control Act of 1985. 15 DEPARTMENTAL ADMINISTRATION 16 (INCLUDING TRANSFER OF FUNDS) 17 For an additional amount for ‘‘Departmental Admin- 18 istration’’, $28,000,000, to remain available until Sep19 tember 30, 2021, for necessary expenses related to sup20 porting remote access for personnel to prevent, prepare 21 for, and respond to coronavirus: Provided, That funds ap22 propriated under this paragraph in this Act may be trans23 ferred to, and merged with, other appropriation accounts 24 of the Department of Energy for necessary expenses re25 lated to supporting remote access for personnel to prevent, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 34 1 prepare for, and respond to coronavirus: Provided further, 2 That such amount is designated by the Congress as being 3 for an emergency requirement pursuant to section 4 251(b)(2)(A)(i) of the Balanced Budget and Emergency 5 Deficit Control Act of 1985. 6 INDEPENDENT AGENCIES 7 NUCLEAR REGULATORY COMMISSION 8 SALARIES AND EXPENSES 9 For an additional amount for ‘‘Salaries and Ex- 10 penses’’, $3,300,000, to remain available until September 11 30, 2021, to prevent, prepare for, and respond to 12 coronavirus: Provided, That the amount provided in this 13 paragraph shall not be derived from fee revenues notwith14 standing 42 U.S.C. 2214: Provided further, That such 15 amount is designated by the Congress as being for an 16 emergency requirement pursuant to section 17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 GENERAL PROVISIONS—THIS TITLE 20 SEC. 10401. Notwithstanding any other provision of 21 law, funds made available under each heading in this title 22 shall only be used for the purposes specifically described 23 under that heading. 24 SEC. 10402. Funds appropriated in this title may be 25 made available to restore amounts, either directly or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 35 1 through reimbursement, for obligations incurred for the 2 same purposes to prevent, prepare for, and respond to 3 coronavirus prior to the date of enactment of this Act. 4 SEC. 10403. Notwithstanding any other provision of 5 law, and subject to the availability of appropriations, the 6 Secretary of Energy, or designee, may include in or modify 7 the terms and conditions of any Department of Energy 8 contract, or other agreement, to authorize the Department 9 to reimburse any contractor paid leave the contractor pro10 vides to its employees as the Secretary deems necessary 11 to ensure the effective response to a declared national 12 emergency or pandemic event. Such authority shall apply 13 only to a contractor whose employees cannot perform work 14 on a federally-owned or leased facility or site due to federal 15 government directed closures or other restrictions, and 16 who cannot telework because their job duties cannot be 17 performed remotely. As determined by the Secretary, or 18 designee, this authority also shall apply to subcontractors: 19 Provided, That amounts provided by this section are des20 ignated by the Congress as being for an emergency re21 quirement pursuant to section 251(b)(2)(A)(i) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 36 1 TITLE V—FINANCIAL SERVICES AND GENERAL 2 GOVERNMENT 3 DEPARTMENT OF THE TREASURY 4 DEPARTMENTAL OFFICES 5 SALARIES AND EXPENSES For an additional amount for øthe Department of the 6 7 Treasury/‘‘Salaries and Expenses’’¿, $100,000,000 to re8 main available until expended, for the necessary expenses 9 to establish and support a COVID–19 Stimulus Account10 ability and Transparency Board to conduct oversight of 11 funds provided in this Act in order to monitor spending, 12 provide transparency to the public, and help prevent 13 fraud, waste, and abuse; Provided, That not less fre14 quently than monthly, and until all such funds are ex15 pended, the Secretary of the Treasury shall publish on a 16 dedicated portion of the website established under section 17 2 of the Federal Funding Accountability and Trans18 parency Act of 2006 (31 U.S.C. 6101 note), for any funds 19 made available to or expended by a Federal agency or 20 component of a Federal agency that were provided in Pub21 lic Law 116–123, Public Law 116–127, or in the Take 22 Responsibility for Workers and Families Act— 23 (1) for each appropriations account, including 24 an expired or unexpired appropriations account, the 25 amount— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 37 1 (A) of budget authority appropriated; 2 (B) that is obligated; 3 (C) of unobligated balances; and 4 (D) of any other budgetary resources; 5 (2) from which accounts and in what amount— 6 (A) appropriations are obligated for each 7 program activity; and 8 (B) outlays are made for each program ac- 9 tivity; 10 (3) from which accounts and in what amount— 11 (A) appropriations are obligated for each 12 object class; and 13 (B) outlays are made for each object class; 14 and 15 (4) for each program activity, the amount— 16 (A) obligated for each object class; and 17 (B) of outlays made for each object class. 18 Provided further, That the information required to 19 be published pursuant to the preceding proviso shall 20 be published in such a format that amounts allows 21 such information to be sorted by the public law that 22 provided the relevant obligational authority: Pro- 23 vided further, That such amounts are designated by 24 the Congress as being for an emergency requirement L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 38 1 pursuant to section 251(b)(2)(A)(i) of the Balanced 2 Budget and Emergency Deficit Control Act of 1985. 3 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS 4 FUND PROGRAM ACCOUNT 5 For an additional amount for ‘‘Community Develop- 6 ment Financial Institutions Fund Program Account’’, 7 $200,000,000, to remain available until September 30, 8 2020, to promote economic recovery due to the impact of 9 coronavirus through financial assistance and technical as10 sistance under subparagraphs (A) and (B) of section 11 108(a)(1), respectively, of Public Law 103–325 (12 12 U.S.C. 4707(a)(1)(A) and (B)), except that subsections 13 (d) and (e) of section 108 of Public Law 103–325 shall 14 not apply to the provision of such financial assistance and 15 technical assistance: Provided, That up to $10,000,000 16 may be transferred to and merged with ‘‘Administrative 17 Expenses’’ for administrative expenses to carry out finan18 cial assistance and technical assistance: Provided further, 19 That such amount is designated by the Congress as being 20 for an emergency requirement pursuant to section 21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 39 1 INTERNAL REVENUE SERVICE 2 TAXPAYER SERVICES 3 For an additional amount for ‘‘Taxpayer Services’’, 4 $236,000,000, to remain available until September 30, 5 2021, to prevent, prepare for, and respond to coronavirus: 6 Provided, That not later than 30 days after the date of 7 the enactment of this Act, the Commissioner of the Inter8 nal Revenue Service shall submit to the Committees on 9 Appropriations of the House of Representatives and the 10 Senate a spend plan for such funds: Provided further, That 11 such amounts are designated by the Congress as being for 12 an emergency requirement pursuant to section 13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 14 Deficit Control Act of 1985. 15 ENFORCEMENT 16 For an additional amount for ‘‘Enforcement’’, 17 $42,000,000, to remain available until September 30, 18 2021, to prevent, prepare for, and respond to coronavirus: 19 Provided, That not later than 30 days after the date of 20 the enactment of this Act, the Commissioner of the Inter21 nal Revenue Service shall submit to the Committees on 22 Appropriations of the House of Representatives and the 23 Senate a spend plan for such funds: Provided further, That 24 such amounts are designated by the Congress as being for 25 an emergency requirement pursuant to section L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 40 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 OPERATIONS SUPPORT 4 For an additional amount for ‘‘Operations Support’’, 5 $324,000,000, to remain available until September 30, 6 2021, to prevent, prepare for, and respond to coronavirus: 7 Provided, That not later than 30 days after the date of 8 the enactment of this Act, the Commissioner of the Inter9 nal Revenue Service shall submit to the Committees on 10 Appropriations of the House of Representatives and the 11 Senate a spend plan for such funds: Provided further, That 12 such amount is designated by the Congress as being for 13 an emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE 17 SERVICE 18 (INCLUDING TRANSFER OF FUNDS) 19 SEC. 10501. In addition to the authority provided in 20 section 101 of title I of division C of Public Law 116– 21 93, the funds provided to the Internal Revenue Service 22 in this Act may be transferred among accounts of the In23 ternal Revenue Service to prevent, prepare for, and re24 spond to coronavirus. On the date of any such transfer, 25 the Commissioner shall notify the Committees on Appro- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 41 1 priations of the House of Representatives and Senate of 2 such transfer. 3 THE JUDICIARY 4 THE SUPREME COURT 5 OF THE UNITED STATES SALARIES AND EXPENSES 6 For an additional amount for ‘‘Salaries and Ex- 7 penses’’, $500,000, to remain available until September 8 30, 2020, for necessary expenses to prevent, prepare for, 9 and respond to coronavirus: Provided, That such amount 10 is designated by the Congress as being for an emergency 11 requirement pursuant to section 251(b)(2)(A)(i) of the 12 Balanced Budget and Emergency Deficit Control Act of 13 1985. 14 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER 15 JUDICIAL SERVICES 16 SALARIES AND EXPENSES 17 For an additional amount for ‘‘Salaries and Ex- 18 penses’’, $6,000,000 to remain available until September 19 30, 2020, for necessary expenses to prevent, prepare for, 20 and respond to coronavirus: Provided, That such amount 21 is designated by the Congress as being for an emergency 22 requirement pursuant to section 251(b)(2)(A)(i) of the 23 Balanced Budget and Emergency Deficit Control Act of 24 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 42 1 DEFENDER SERVICES 2 For an additional amount for ‘‘Defender Services’’, 3 $1,000,000, to remain available until September 30, 2020, 4 to prevent, prepare for, and respond to coronavirus: Pro5 vided, That such amount is designated by the Congress 6 as being for an emergency requirement pursuant to sec7 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer8 gency Deficit Control Act of 1985. 9 DISTRICT OF COLUMBIA 10 FEDERAL FUNDS 11 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND 12 SECURITY COSTS IN THE DISTRICT OF COLUMBIA 13 For an additional amount for the ‘‘Federal Payment 14 for Emergency Planning and Security Costs in the Dis15 trict of Columbia’’ for the Federal payment of necessary 16 expenses, as determined by the Mayor of the District of 17 Columbia in written consultation with the elected county 18 or city officials of surrounding jurisdictions, $11,000,000, 19 to remain available until September 30, 2020, to prevent, 20 prepare for, and respond to coronavirus: Provided, That 21 such amounts are designated by the Congress as being for 22 an emergency requirement pursuant to section 23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 24 Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 43 1 INDEPENDENT AGENCIES 2 ELECTION ASSISTANCE COMMISSIONS 3 SALARIES AND EXPENSES 4 For an additional amount for ‘‘Salaries and Ex- 5 penses’’, $5,000,000, to assist States with contingency 6 planning, preparation, and resilience of elections for Fed7 eral office: Provided, That such amount is designated by 8 the Congress as being for an emergency requirement pur9 suant to section 251(b)(2)(A)(i) of the Balanced Budget 10 and Emergency Deficit Control Act of 1985. 11 ELECTION ADMINISTRATION GRANTS 12 For an additional amount for payments by the Elec- 13 tion Assistance Commission to States for contingency 14 planning, preparation, and resilience of elections for Fed15 eral office, $4,000,000,000 to remain available until Sep16 tember 30, 2021: Provided, That under this heading the 17 term ‘‘State’’ means each of the 50 States, the District 18 of Columbia, the Commonwealth of Puerto Rico, Guam, 19 American Samoa, the United States Virgin Islands, and 20 the Commonwealth of the Northern Mariana Islands: Pro21 vided further, That the amount of the payments made to 22 a State under this heading shall be consistent with section 23 103 of the Help America Vote Act of 2002 (52 U.S.C. 24 20903): Provided further, That for the purposes of the 25 preceding proviso, each reference to ‘‘$5,000,000’’ in sec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 44 1 tion 103 shall be deemed to refer to ‘‘$7,500,000’’: Pro2 vided further, That not less than 50 percent of the amount 3 of the payment made to a State under this heading shall 4 be allocated in cash or in kind to the units of local govern5 ment which are responsible for the administration of elec6 tions for Federal office in the State: Provided further, 7 That such amount is designated by the Congress as being 8 for an emergency requirement pursuant to section 9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 FEDERAL COMMUNICATIONS COMMISSION 12 SALARIES AND EXPENSES 13 For an additional amount for ‘‘Salaries and Ex- 14 penses’’, $200,000,000, to remain available until Sep15 tember 30, 2020, to prevent, prepare for, and respond to 16 coronavirus by providing to health care providers tele17 communications services, information services, and devices 18 necessary to enable the provision of telehealth services 19 during an emergency period, as defined in section 20 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b– 21 5(g)(1)): Provided, That the Federal Communications 22 Commission may rely on the rules of the Commission 23 under part 54 of title 47, Code of Federal Regulations, 24 in administering such amount if the Commission deter25 mines that such administration is in the public interest L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 45 1 and upon the advance notification of the Committees on 2 Appropriations of the House of Representatives and the 3 Senate: Provided further, That such amount is designated 4 by the Congress as being for an emergency requirement 5 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg6 et and Emergency Deficit Control Act of 1985. øEMERGENCY 7 CONNECTIVITY FUND¿ øFor an additional amount for the ‘‘Emergency 8 9 Connectivity Fund’’, as authorized under title II of divi10 sion U of the Take Responsibility for Workers and Fami11 lies Act, for the provision of Wi-fi hotspots and connected 12 devices to schools and libraries, $2,000,000,000, to remain 13 available until September 30, 2021: Provided , That such 14 amount is designated by the Congress as being for an 15 emergency requirement pursuant to section 16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 17 Deficit Control Act of 1985.¿ 18 øEMERGENCY BROADBAND CONNECTIVITY FUND¿ øFor an additional amount for the ‘‘Emergency 19 20 Broadband Connectivity Fund’’, as authorized under title 21 III of division U of the Take Responsibility for Workers 22 and Families Act, for the provision of Wi-fi hotspots and 23 connected devices to schools and libraries, 24 $1,000,000,000, to remain available until September 30, 25 2021: Provided , That such amount is designated by the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 46 1 Congress as being for an emergency requirement pursuant 2 to section 251(b)(2)(A)(i) of the Balanced Budget and 3 Emergency Deficit Control Act of 1985.¿ 4 GENERAL SERVICES ADMINISTRATION 5 REAL PROPERTY ACTIVITIES 6 FEDERAL BUILDINGS FUND 7 BUILDING OPERATIONS 8 For an additional amount, to be deposited in the 9 ‘‘Federal Buildings Fund’’, $275,000,000, to remain 10 available until expended, to prevent, prepare for, and re11 spond to coronavirus: Provided, That such funds may be 12 used to reimburse costs incurred for the purposes provided 13 under this heading: Provided further, That amounts made 14 available under this heading shall be in addition to any 15 other amounts available for such purposes: Provided fur16 ther, That such amount is designated by the Congress as 17 being for an emergency requirement pursuant to section 18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 19 Deficit Control Act of 1985. 20 OFFICE OF PERSONNEL MANAGEMENT 21 SALARIES AND EXPENSES 22 For an additional amount for ‘‘Salaries and Ex- 23 penses’’, $12,100,000, to prevent, prepare for, and re24 spond to coronavirus: Provided, That such amount is des25 ignated by the Congress as being for an emergency re- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 47 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 3 SMALL BUSINESS ADMINISTRATION 4 BUSINESS STABILIZATION LOAN PROGRAMS 5 For an additional amount for the cost of direct loans 6 authorized under section 8 of the COVID–19 Relief for 7 Small Businesses Act of 2020, such sums as may be nec8 essary to make up to $100,000,000,000 in direct loans 9 through September 30, 2022, to remain available until ex10 pended, and for an additional amount for the cost of guar11 anteed loans authorized under section 9 of the COVID– 12 19 Relief for Small Businesses Act of 2020, 13 $100,000,000,000, to remain available until expended: 14 Provided, That, notwithstanding any other provision of 15 law, no amounts made available under this heading shall 16 be available for transfer to another budget account: Pro17 vided further, That such amount is designated by the Con18 gress as being for an emergency requirement pursuant to 19 section 251(b)(2)(A)(i) of the Balanced Budget and 20 Emergency Deficit Control Act of 1985. 21 ECONOMIC INJURY GRANTS 22 For an additional amount for the cost of providing 23 economic recovery grants for small businesses impacted by 24 coronavirus as authorized by section 2 of the COVID–19 25 Relief for Small Businesses Act of 2020, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 48 1 $100,000,000,000, to remain available until September 2 30, 2021: Provided, That the Administrator shall notify 3 a grant applicant whether their application has been ap4 proved within 14 days of the grant being submitted: Pro5 vided further, That such amount is designated by the Con6 gress as being for an emergency requirement pursuant to 7 section 251(b)(2)(A)(i) of the Balanced Budget and 8 Emergency Deficit Control Act of 1985. 9 DISASTER LOANS PROGRAM ACCOUNT 10 For an additional amount for the ‘‘Disaster Loans 11 Program Account’’ for the cost of direct loans authorized 12 by section 7(b) of the Small Business Act, 13 $25,739,000,000, to remain available until expended: Pro14 vided, That up to $739,000,000 may be transferred to and 15 merged with ‘‘Small Business Administration—Salaries 16 and Expenses’’: Provided further, That for purposes of sec17 tion 7(b)(2)(D) of the Small Business Act, coronavirus 18 shall be deemed to be a disaster and amounts available 19 under ‘‘Disaster Loans Program Account’’ for the cost of 20 direct loans in any fiscal year may be used to make eco21 nomic injury disaster loans under such section in response 22 to the coronavirus: Provided further, That none of the 23 funds provided under this heading in this Act may be used 24 for indirect administrative expenses: Provided further, 25 That such amount is designated by the Congress as being L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 49 1 for an emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985: Provided further, That 4 amounts repurposed under this heading that were pre5 viously designated by the Congress as an emergency re6 quirement pursuant to the Balanced Budget and Emer7 gency Deficit Control Act of 1985 are designated by the 8 Congress as an emergency requirement pursuant to sec9 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985. 11 SMALL BUSINESS DEBT RELIEF 12 For an additional amount for the cost of loan debt 13 relief as authorized by section 3 of the COVID–19 Relief 14 for Small Businesses Act of 2020, $16,800,000,000 to re15 main available until September 30, 2021: Provided, That 16 such amount is designated by the Congress as being for 17 an emergency requirement pursuant to section 18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 19 Deficit Control Act of 1985. 20 BUSINESS LOANS PROGRAM ACCOUNT 21 For an additional amount for ‘‘Business Loans Pro- 22 gram Account’’, for the cost of direct loans and loan guar23 antees, such sums as may be necessary for the period of 24 fiscal years 2020 and 2021, of which $10,200,000, to re25 main available until expended shall be for the cost of direct L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 50 1 loans, such sums as may be necessary for the period of 2 fiscal years 2020 and 2021, to remain available until ex3 pended, shall be for the cost of guaranteed loans, including 4 loan modifications authorized by sections 4, 5, 6, and 7 5 of the COVID–19 Relief for Small Businesses Act of 6 2020, and for the cost of guaranteed loans under section 7 503 of the Small Business Investment Act of 1958 and 8 section 7(a) of the Small Business Act for the period of 9 fiscal years 2020 through 2021: Provided, That for the 10 period of fiscal years 2020 through 2021, commitments 11 for general business loans authorized under section 7(a) 12 of the Small Business Act shall not exceed 13 $75,000,000,000: Provided further, That amounts provide 14 in this paragraph for the cost of guaranteed loans under 15 section 7(a) of the Small Business Act are in addition to 16 amounts otherwise available for the same purposes: Pro17 vided further, That notwithstanding any other provision 18 of law, no amounts made available under this heading 19 shall be available for transfer to another budget account: 20 Provided further, That such amount is designated by the 21 Congress as being for an emergency requirement pursuant 22 to section 251(b)(2)(A)(i) of the Balanced Budget and 23 Emergency Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 51 1 NEW MARKETS VENTURE CAPITAL PROGRAM 2 For an additional amount for the ‘‘New Markets Ven- 3 ture Capital Program’’ for the costs of grants and guaran4 teed loans authorized under the part B of the Small Busi5 ness Investment Act of 1958, such sums as may be nec6 essary, of which ø$2,000,000,000¿ shall be for grants au7 thorized under section 358 of the Small Business Invest8 ment Act of 1958 and such sums as may be necessary 9 to guarantee $10,000,000,000 in debentures, to remain 10 available until expended: Provided, That notwithstanding 11 any other provision of law, no amounts made available 12 under this heading shall be available for transfer to an13 other budget account: Provided further, That such amount 14 is designated by the Congress as being for an emergency 15 requirement pursuant to section 251(b)(2)(A)(i) of the 16 Balanced Budget and Emergency Deficit Control Act of 17 1985. 18 INTERMEDIARY LENDING PROGRAM 19 For an additional amount for the cost of the ‘‘Inter- 20 mediary Lending Program’’ as authorized by section 16 21 of the COVID–19 Relief for Small Businesses Act of 22 2020, $50,000,000, to remain available until September 23 30, 2021: Provided, That such amount is designated by 24 the Congress as being for an emergency requirement pur- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 52 1 suant to section 251(b)(2)(A)(i) of the Balanced Budget 2 and Emergency Deficit Control Act of 1985. 3 ENTREPRENEURIAL DEVELOPMENT PROGRAMS 4 For an additional amount for ‘‘Entrepreneurial De- 5 velopment Programs’’ for grants to small business devel6 opment centers, women’s business centers, and chapters 7 of the service corps of retired executives, as authorized 8 under section 14 of the COVID–19 Relief for Small Busi9 nesses Act of 2020, $240,000,000, to remain available 10 until September 30, 2021, of which $190,000,000 shall 11 be for grants to small business development centers and 12 $50,000,000 shall for grants to women’s business centers 13 and chapters of the service corps of retired executives: 14 Provided, That such amount is designated by the Congress 15 as being for an emergency requirement pursuant to sec16 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer17 gency Deficit Control Act of 1985. 18 SALARIES AND EXPENSES 19 For an additional amount for ‘‘Salaries and Ex- 20 penses’’, $805,000,000, to remain available until Sep21 tember 30, 2021, to carry out the requirements of the 22 COVID–19 Relief for Small Businesses Act of 2020, of 23 which $80,000,000 shall be for marketing, management, 24 and technical assistance under section 7(m) of the Small 25 Business Act (15 U.S.C. 636(m)(4)) by intermediaries L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 53 1 that make microloans under the microloan program, and 2 of which $25,000,000 shall be for resources and services 3 in languages other than English, as authorized in section 4 18 of the COVID–19 Relief for Small Businesses Act of 5 2020: Provided, That such amount is designated by the 6 Congress as being for an emergency requirement pursuant 7 to section 251(b)(2)(A)(i) of the Balanced Budget and 8 Emergency Deficit Control Act of 1985. 9 ADMINISTRATIVE PROVISION—SMALL BUSINESS 10 ADMINISTRATION 11 SEC. 10502. Notwithstanding section 7(b)(2)(D) of 12 the Small Business Act, the Small Business Administra13 tion shall issue a disaster declaration for each State and 14 territory for coronavirus. 15 UNITED STATES POSTAL SERVICE 16 PAYMENT TO POSTAL SERVICE FUND 17 For payment to the ‘‘Postal Service Fund’’, for rev- 18 enue forgone due to the coronavirus pandemic, 19 $20,000,000,000, to remain available until September 30, 20 2022: Provided, That such amount is designated by the 21 Congress as being for an emergency requirement pursuant 22 to section 251(b)(2)(A)(i) of the Balanced Budget and 23 Emergency Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 54 1 GENERAL PROVISION—THIS TITLE 2 SEC. 10503. Notwithstanding any other provision of 3 law, funds made available under each heading in this title 4 shall only be used for the purposes specifically described 5 under that heading. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 55 1 TITLE VI 2 DEPARTMENT OF HOMELAND SECURITY 3 MANAGEMENT DIRECTORATE 4 OPERATIONS AND SUPPORT 5 For an additional amount for ‘‘Operations and Sup- 6 port’’, $178,000,000, for the purchase of personal protec7 tive equipment and related supplies for components of the 8 Department of Homeland Security to prevent, prepare for, 9 and respond to coronavirus: Provided, That such amount 10 is designated by the Congress as being for an emergency 11 requirement pursuant to section 251(b)(2)(A)(i) of the 12 Balanced Budget and Emergency Deficit Control Act of 13 1985. 14 TRANSPORTATION 15 AND SECURITY ADMINISTRATION OPERATIONS AND SUPPORT 16 For an additional amount for ‘‘Operations and Sup- 17 port’’, $100,000,000, to prevent, prepare for, and respond 18 to coronavirus; of which $54,000,000 is for enhanced sani19 tation at airport security checkpoints; of which 20 $26,000,000 is for overtime and travel costs for Transpor21 tation Security Officers; and of which $20,000,000 is for 22 the purchase of explosive trace detection swabs: Provided, 23 That such amount is designated by the Congress as being 24 for an emergency requirement pursuant to section L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 56 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 COAST GUARD 4 OPERATIONS AND SUPPORT 5 For an additional amount for ‘‘Operations and Sup- 6 port’’, $141,000,000, to prevent, prepare for, and respond 7 to coronavirus through activation of Coast Guard Reserve 8 personnel under section 12302 of title 10, United States 9 Code and for purchases to increase the capability and ca10 pacity of information technology systems and infrastruc11 ture to support telework and remote access: Provided, 12 That such amount is designated by the Congress as being 13 for an emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 CYBERSECURITY AND INFRASTRUCTURE 17 AGENCY 18 OPERATIONS AND SUPPORT 19 SECURITY For an additional amount for ‘‘Operations and Sup- 20 port’’, $14,400,000, to prevent, prepare for, and respond 21 to coronavirus through interagency critical infrastructure 22 coordination and related activities: Provided, That such 23 amount is designated by the Congress as being for an 24 emergency requirement pursuant to section L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 57 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 FEDERAL EMERGENCY MANAGEMENT AGENCY 4 OPERATIONS AND SUPPORT 5 For an additional amount for ‘‘Operations and Sup- 6 port’’, $45,000,000, for facilities and information tech7 nology to prevent, prepare for, and respond to coronavirus: 8 Provided, That such amount is designated by the Congress 9 as being for an emergency requirement pursuant to sec10 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer11 gency Deficit Control Act of 1985. 12 FEDERAL ASSISTANCE 13 For an additional amount for ‘‘Federal Assistance’’, 14 $200,000,000, for the emergency food and shelter pro15 gram under title III of the McKinney-Vento Homeless As16 sistance Act (42 U.S.C. 11331 et seq.): Provided, That 17 notwithstanding sections 315 and 316(b) of such Act, 18 funds made available under this section shall be disbursed 19 by the Emergency Food and Shelter Program National 20 Board not later than 30 days after the date on which such 21 funds become available: Provided further, That such funds 22 may be used to reimburse jurisdictions or local recipient 23 organizations for costs incurred in providing services on 24 or after January 1, 2020: Provided further, That such 25 amount is designated by the Congress as being for an L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 58 1 emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 For an additional amount for ‘‘Federal Assistance’’, 5 to supplement funds otherwise available for the ‘‘Assist6 ance to Firefighters Grants’’ $100,000,000, to remain 7 available until September 30, 2021, for the purchase of 8 personal protective equipment and related supplies to pre9 vent, prepare for, and respond to coronavirus: Provided, 10 That such amount is designated by the Congress as being 11 for an emergency requirement pursuant to section 12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 13 Deficit Control Act of 1985 14 DISASTER RELIEF FUND 15 For an additional amount for ‘‘Disaster Relief 16 Fund’’, $2,000,000,000, to remain available until ex17 pended: Provided, That such amount is designated by the 18 Congress as being for an emergency requirement pursuant 19 to section 251(b)(2)(A)(i) of the Balanced Budget and 20 Emergency Deficit Control Act of 1985. 21 GENERAL PROVISIONS—THIS TITLE 22 SEC. 10601. Notwithstanding any other provision of 23 law, funds made available under each heading in this title, 24 except for ‘‘Federal Emergency Management Agency— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 59 1 Disaster Relief Fund’’, shall only be used for the purposes 2 specifically described under that heading. 3 SEC. 10602. (a) Assistance provided under the emer- 4 gency declaration issued by the President on March 13, 5 2020, pursuant to section 501(b) of the Robert T. Staf6 ford Disaster Relief and Emergency Assistance Act (42 7 U.S.C. 5121–5207), and under any subsequent major dec8 laration under section 401 of such Act that supersedes 9 such emergency declaration, shall be at a 100 percent 10 Federal cost share. 11 (b) Amounts repurposed under this section that were 12 previously designated by the Congress, respectively, as an 13 emergency requirement or as being for disaster relief pur14 suant to the Balanced Budget and Emergency Deficit 15 Control Act are designated by the Congress as being for 16 an emergency requirement pursuant to section 17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985 or as being for disaster relief 19 pursuant to section 251(b)(2)(D) of the Balanced Budget 20 and Emergency Deficit Control Act of 1985. 21 SEC. 10603. Notwithstanding any other provision of 22 law, any amounts appropriated for ‘‘Department of Home23 land Security—Federal Emergency Management Agen24 cy—Disaster Relief Fund’’ in this Act are available only 25 for the purposes for which they were appropriated. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 60 1 SEC. 10604. (a) For calendar year 2020 and calendar 2 year 2021, any provision of law limiting the aggregate 3 amount of premium pay or overtime payable on a biweekly 4 or calendar year basis, or establishing an aggregate limita5 tion on pay, shall not apply to any premium pay or over6 time that is funded, either directly or through reimburse7 ment, by the ‘‘Federal Emergency Management Agency— 8 Disaster Relief Fund’’ related to an emergency or major 9 disaster declared in calendar year 2020. 10 (b) Pay exempted from otherwise applicable limits 11 under this section shall not cause the aggregate pay for 12 the calendar year to exceed the rate of basic pay payable 13 for a position at level II of the Executive Schedule under 14 section 5313 of title 5, United States Code. 15 (c) Notwithstanding any other provisions of law, an 16 Executive agency shall not be liable for damages, fees, in17 terests, or costs of any kind as a result of any delay occur18 ring prior to the date of enactment of this Act in payments 19 made pursuant to this section. 20 (d) This section shall take effect as if enacted on De- 21 cember 31, 2019. 22 (e) Amounts repurposed under this section that were 23 previously designated by the Congress, respectively, as an 24 emergency requirement or as being for disaster relief pur25 suant to the Balanced Budget and Emergency Deficit L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 61 1 Control Act are designated by the Congress as being for 2 an emergency requirement pursuant to section 3 251(b)(2)(A)(i) of the Balanced Budget and Emergency 4 Deficit Control Act of 1985 or as being for disaster relief 5 pursuant to section 251(b)(2)(D) of the Balanced Budget 6 and Emergency Deficit Control Act of 1985. 7 SEC. 10605. The Secretary of Homeland Security, 8 under the authority granted under section 205(b) of the 9 REAL ID Act of 2005 (Public Law 109–13; 49 U.S.C. 10 30301 note) shall extend the deadline by which States are 11 required to meet the driver license and identification card 12 issuance requirements under section 202(a)(1) of such Act 13 until not earlier than September 30, 2021. 14 SEC. 10606. (a) For the emergency declared on 15 March 13, 2020, by the President under section 501 of 16 the Robert T. Stafford Disaster Relief and Emergency As17 sistance Act (42 U.S.C. 5191) the President may provide 18 assistance for — 19 (1) activities, costs, and purchases of State and local 20 jurisdictions including— 21 (A) activities eligible for assistance under sec- 22 tions 301, 415, 416, and 426 of the Robert T. Staf- 23 ford Disaster Relief and Emergency Assistance Act 24 (42 U.S.C. 5141, 5182, 5183, 5189d); L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 62 1 (B) backfill costs for first responders and other 2 essential employees who are ill or quarantined; 3 (C) increased operating costs for essential gov- 4 ernment services due to such emergency, including 5 costs for implementing continuity plans; 6 (D) costs of providing guidance and information 7 to the public and for call centers to disseminate such 8 guidance and information; 9 (E) costs associated with establishing virtual 10 services; 11 (F) costs for establishing and operating remote 12 test sites; 13 (G) training provided specifically in anticipation 14 of or in response to the event on which such emer- 15 gency declaration is predicated; 16 (H) personal protective equipment and other 17 critical supplies for first responders; and 18 (I) public health and medical supplies; and 19 (2) activities and costs of nonprofit organizations in- 20 cluding— 21 (A) operating and equipment costs for blood do- 22 nation activities, including personnel costs; and 23 (B) establishing and operating public call cen- 24 ters in support of government operations, including 25 personnel costs. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 63 1 (b) The activities specified in subsection (a) may also 2 be eligible for assistance under any major disaster de3 clared by the President under section 401 of such Act that 4 supersedes the emergency declaration described in such 5 subsection. 6 (c) Nothing in this section shall be construed to make 7 ineligible any assistance that would otherwise be eligible 8 under section 502 of such Act. 9 SEC. 10607. (a) During the public health emergency 10 declared pursuant to section 319 of the Public Health 11 Service Act (42 U.S.C. 247d) with respect to the COVID– 12 19 pandemic, the Secretary of Homeland Security, Sec13 retary of State, Attorney General or Secretary of Labor, 14 as appropriate, shall temporarily suspend or modify any 15 procedural requirement with which an applicant, peti16 tioner, or other person or entity must otherwise comply 17 under the immigration laws, as defined in section 18 101(a)(17) of the Immigration and Nationality Act (8 19 U.S.C. 1101(a)(17)), or any regulation pertaining thereto, 20 when necessary to— 21 (1) promote government efficiency; 22 (2) ensure the timely and fair adjudication of 23 applications or petitions; 24 (3) prevent hardship to applicants, petitioners, 25 beneficiaries, or other persons or entities, including L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 64 1 by granting automatic or other extensions or renew- 2 als when necessary to protect individuals from lapses 3 in status or work authorization; or 4 (4) protect the public interest. 5 (b) Notwithstanding any other provision law, the re- 6 quirements of chapter 5 of title 5, U.S. Code (commonly 7 known as the Administrative Procedure Act), or any other 8 law relating to rulemaking, information collection or publi9 cation in the Federal Register shall not apply to any ac10 tion taken under the authority of this section. 11 (c) Notwithstanding any other provision of law, with 12 respect to any alien whose nonimmigrant status, status 13 under section 244 of the Immigration and Nationality Act 14 (8 U.S.C. 1254a), or employment authorization has ex15 pired within the 30 days preceding the date of the enact16 ment of this act, or will expire not later than one year 17 after such date, the Secretary of Homeland Security shall 18 automatically extend such status or work authorization for 19 the same time period as the alien’s prior status or work 20 authorization. 21 (d) The amounts made available by this section are 22 designated by the Congress as being for an emergency re23 quirement pursuant to section 251(b)(2)(A)(i) of the Bal24 anced Budget and Emergency Deficit Control Act of 1985 L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 65 1 SEC. 10608. (a) Amounts provided for ‘‘Coast 2 Guard—Operations and Support’’ for fiscal year 2020 3 may, in addition to amounts otherwise available for such 4 purposes, be available for pay and benefits of Coast Guard 5 Yard and Vessel Documentation personnel, Non-Appro6 priated Funds personnel, and for Morale, Welfare and 7 Recreation Programs. 8 (b) Any amounts repurposed under subsection (a) 9 that were previously designated by the Congress as an 10 emergency requirement or as being for Overseas Contin11 gency Operations/Global War on Terrorism pursuant to 12 the Balanced Budget and Emergency Deficit Control Act 13 of 1985 are designated by the Congress as being for an 14 emergency requirement pursuant to section 15 251(b)(2)(A)(i) of the Balanced Budget and Emergency 16 Deficit Control Act of 1985 or as for Overseas Contin17 gency Operations/Global War on Terrorism pursuant to 18 section 251(b)(2)(A)(ii) of the Balanced Budget and 19 Emergency Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 66 1 TITLE VII—INTERIOR, ENVIRONMENT, AND 2 RELATED AGENCIES 3 DEPARTMENT OF THE INTERIOR 4 BUREAU OF INDIAN AFFAIRS 5 OPERATION OF INDIAN PROGRAMS 6 (INCLUDING TRANSFER OF FUNDS) 7 For an additional amount for ‘‘Operation of Indian 8 Programs’’, $453,000,000, to remain available until Sep9 tember 30, 2021, to prevent, prepare for, and respond to 10 coronavirus, including to support public safety and justice 11 programs, welfare and social service programs (including 12 assistance to individuals), and for aid to Tribal govern13 ments: Provided, That of such sums, funds may be used 14 for executive direction to carry out cleaning of facilities, 15 to purchase personal protective equipment, and to obtain 16 information technology: Provided further, That the limita17 tion on welfare assistance funds included in the matter 18 preceding the first proviso under this heading in the Fur19 ther Consolidated Appropriations Act, 2020 (Public Law 20 116–94) shall not apply to amounts provided for such pro21 grams in this paragraph: Provided further, That assistance 22 received hereunder shall not be included in the calculation 23 of funds received by those Tribal governments who partici24 pate in the ‘‘Small and Needy’’ program: Provided further, 25 That amounts provided under this heading in this Act may L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 67 1 be made available for distribution through Tribal priority 2 allocations for Tribal response and capacity building ac3 tivities related to the purposes identified under this head4 ing in this Act: Provided further, That such amounts, if 5 transferred to Tribes and Tribal organizations under the 6 Indian Self-Determination and Education Assistance Act: 7 (1) will be transferred on a one-time basis, (2) are non8 recurring funds that are not part of the amount required 9 by 25 U.S.C. 5325, and (3) may only be used for the pur10 poses identified under this heading in this Act, notwith11 standing any other provision of law: Provided further, That 12 such amount is designated by the Congress as being for 13 an emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 BUREAU 17 OF INDIAN EDUCATION OPERATION OF INDIAN EDUCATION PROGRAMS 18 For an additional amount for ‘‘Operation of Indian 19 Education Programs’’, $69,000,000, to remain available 20 until September 30, 2021, to prevent, prepare for, and re21 spond to coronavirus, including, in addition to amounts 22 otherwise available, support for Tribally-Controlled Col23 leges and Universities, salaries, transportation, and infor24 mation technology: Provided, That of the amounts pro25 vided in this paragraph, not less than $20,000,000 shall L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 68 1 be for Tribally-Controlled Colleges and Universities: Pro2 vided further, That such amount is designated by the Con3 gress as being for an emergency requirement pursuant to 4 section 251(b)(2)(A)(i) of the Balanced Budget and 5 Emergency Deficit Control Act of 1985. 6 DEPARTMENTAL OFFICES 7 OFFICE 8 DEPARTMENTAL OPERATIONS 9 (INCLUDING TRANSFERS OF FUNDS) 10 OF THE SECRETARY For an additional amount for ‘‘Departmental Oper- 11 ations’’ for necessary expenses to prevent, preapre for, and 12 respond to coronavirus, $158,400,000, to remain available 13 until September 30, 2021: Provided, That the amounts 14 made available in this paragraph shall be used to absorb 15 increased operational costs associated with the coronavirus 16 outbreak including but not limited to: purchase of equip17 ment and supplies to disinfect and clean buildings and 18 public areas, support law enforcement and emergency 19 management operations, biosurveillance of wildlife and en20 vironmental persistence studies, employee overtime and 21 special pay expenses, and for other response, mitigation, 22 or recovery activities associated with the coronavirus out23 break: Provided further, That the amounts made available 24 by this paragraph may be transferred between the Office 25 of the Secretary and any Department of the Interior com- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 69 1 ponent bureau or office that received funding in division 2 D of the Further Consolidated Appropriations Act, 2020 3 (Public Law 116–94): Provided further, That concurrent 4 with any such transfer the Secretary shall notify the 5 House and Senate Committees on Appropriations in writ6 ing and provide a detailed description of and justification 7 for each transfer: Provided further, That as soon as prac8 ticable after the date of enactment of this Act, the Sec9 retary shall transfer $1,000,000 to the Office of the In10 spector General, ‘‘Salaries and Expenses’’ account for 11 oversight activities related to the implementation of pro12 grams, activities, or projects funded herein: Provided fur13 ther, That expenditure of amounts made available herein 14 may be made through direct expenditure or cooperative 15 agreement: Provided further, That such amount is des16 ignated by the Congress as being for an emergency re17 quirement pursuant to section 251(b)(2)(A)(i) of the Bal18 anced Budget and Emergency Deficit Control Act of 1985. 19 INSULAR AFFAIRS 20 For an additional amount for ‘‘Assistance to Terri- 21 tories’’, $55,000,000, to remain available until September 22 30, 2021, to prevent, prepare for, and respond to 23 coronavirus, domestically or internationally, for territorial 24 assistance, specifically for general technical assistance: 25 Provided, That such amount is designated by the Congress L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 70 1 as being for an emergency requirement pursuant to sec2 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer3 gency Deficit Control Act of 1985. 4 ENVIRONMENTAL PROTECTION AGENCY 5 SCIENCE 6 AND TECHNOLOGY For an additional amount for ‘‘Science and Tech- 7 nology’’, $2,250,000, to remain available until September 8 30, 2021, to prevent, prepare for, and respond to 9 coronavirus, of which $750,000 shall be for necessary ex10 penses for cleaning and disinfecting equipment or facilities 11 of, or for use by, the Environmental Protection Agency, 12 and $1,500,000 shall be for research on methods to reduce 13 the risks from environmental transmission of coronavirus 14 via contaminated surfaces or materials: Provided, That 15 such amount is designated by the Congress as being for 16 an emergency requirement pursuant to section 17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 ENVIRONMENTAL PROGRAMS 20 For an additional amount for ‘‘Environmental Pro- AND MANAGEMENT 21 grams and Management’’, $3,910,000, to remain available 22 until September 30, 2021, to prevent, prepare for, and re23 spond to coronavirus, of which $2,410,000 shall be for 24 necessary expenses for cleaning and disinfecting equip25 ment or facilities of, or for use by, the Environmental Pro- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 71 1 tection Agency, and operational continuity of Environ2 mental Protection Agency programs and related activities, 3 and $1,500,000 shall be for expediting registration and 4 other actions related to pesticides to address coronavirus: 5 Provided, That such amount is designated by the Congress 6 as being for an emergency requirement pursuant to sec7 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer8 gency Deficit Control Act of 1985. 9 BUILDINGS 10 AND FACILITIES For an additional amount for ‘‘Buildings and Facili- 11 ties’’, $300,000, to remain available until September 30, 12 2021, to prevent, prepare for, and respond to coronavirus: 13 Provided, That such funds shall be for necessary expenses 14 for cleaning and disinfecting equipment or facilities of, or 15 for use by, the Environmental Protection Agency: Pro16 vided further, That such amount is designated by the Con17 gress as being for an emergency requirement pursuant to 18 section 251(b)(2)(A)(i) of the Balanced Budget and 19 Emergency Deficit Control Act of 1985. 20 HAZARDOUS SUBSTANCE SUPERFUND 21 For an additional amount for ‘‘Hazardous Substance 22 Superfund’’, $770,000, to remain available until Sep23 tember 30, 2021, to prevent, prepare for, and respond to 24 coronavirus: Provided, That such funds shall be for nec25 essary expenses for cleaning and disinfecting equipment L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 72 1 or facilities of, or for use by, the Environmental Protection 2 Agency: Provided further, That such amount is designated 3 by the Congress as being for an emergency requirement 4 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg5 et and Emergency Deficit Control Act of 1985. 6 DEPARTMENT OF AGRICULTURE 7 FOREST SERVICE 8 FOREST AND RANGELAND RESEARCH 9 For an additional amount for ‘‘Forest and Rangeland 10 Research’’, $3,000,000, to remain available until Sep11 tember 30, 2021, for the reestablishment of abandoned or 12 failed experiments associated with coronavirus restric13 tions: Provided, That such amount is designated by the 14 Congress as being for an emergency requirement pursuant 15 to section 251(b)(2)(A)(i) of the Balanced Budget and 16 Emergency Deficit Control Act of 1985. 17 NATIONAL FOREST SYSTEM 18 For an additional amount for‘‘National Forest Sys- 19 tem’’, $33,800,000, to remain available until September 20 30, 2021, to prevent, prepare for, and respond to 21 coronavirus, including for personal protective equipment, 22 for cleaning and disinfecting public recreation amenities, 23 and for necessary expenses related to cybersecurity, the 24 provision of telework ready equipment, and Information 25 Technology help desk personnel: Provided, That such L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 73 1 amount is designated by the Congress as being for an 2 emergency requirement pursuant to section 3 251(b)(2)(A)(i) of the Balanced Budget and Emergency 4 Deficit Control Act of 1985. 5 CAPITAL IMPROVEMENT AND MAINTENANCE 6 For an additional amount for ‘‘Capital Improvement 7 and Maintenance’’, $26,800,000, to remain available until 8 September 30, 2021, for necessary expenses related to cy9 bersecurity, the provision of telework ready equipment, 10 and Information Technology help desk personnel, and for 11 the cleaning, disinfecting, and janitorial services to pre12 vent, prepare for, and respond to coronavirus: Provided, 13 That such amount is designated by the Congress as being 14 for an emergency requirement pursuant to section 15 251(b)(2)(A)(i) of the Balanced Budget and Emergency 16 Deficit Control Act of 1985. 17 WILDLAND FIRE MANAGEMENT 18 For an additional amount for ‘‘Wildland Fire Man- 19 agement’’ to supplement amounts otherwise available for 20 Preparedness, $7,000,000, to remain available until Sep21 tember 30, 2021, for personal protective equipment and 22 necessary expenses of first responders to prevent, prepare 23 for, and respond to coronavirus: Provided, That such 24 amount is designated by the Congress as being for an 25 emergency requirement pursuant to section L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 74 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 DEPARTMENT OF HEALTH AND HUMAN 4 SERVICES 5 INDIAN HEALTH SERVICE 6 INDIAN HEALTH SERVICES 7 For an additional amount for ‘‘Indian Health Serv- 8 ices’’, $1,032,000,000, to remain available until Sep9 tember 30, 2021, for preparedness, response, surveillance, 10 and health service activities for coronavirus, including for 11 public health support, electronic health record moderniza12 tion, telehealth and other IT upgrades, Purchased/Re13 ferred care, Catastrophic Health Emergency Fund, com14 munity health representatives, Urban Indian Organiza15 tions, Tribal Epidemiology Centers, and other activities to 16 protect the safety of patients and staff: Provided, That 17 none of the funds appropriated by this Act to the Indian 18 Health Service for the Electronic Health Record system 19 shall be made available for obligation to execute a Request 20 for Proposal for selection of core components appropriate 21 to support the initial capacity of the system unless the 22 Committees on Appropriations of the House of Represent23 atives and the Senate have been briefed 90 days in ad24 vance of such execution of a Request for Proposal: Pro25 vided further, That of the amount provided in this para- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 75 1 graph, not less than $450,000,000 shall be distributed 2 through Tribal shares and contracts with Urban Indian 3 Organizations: Provided further, That any amounts pro4 vided in this paragraph not allocated pursuant to the pre5 ceding proviso shall be allocated at the discretion of the 6 Director of the Indian Health Service: Provided further, 7 That such amounts may be used to supplement amounts 8 otherwise available under ‘‘Indian Health Facilities’’: Pro9 vided further, That such amounts, if transferred to Tribes 10 and Tribal organizations under the Indian Self-Deter11 mination and Education Assistance Act, will be trans12 ferred on a one-time basis and that these non-recurring 13 funds are not part of the amount required by 25 U.S.C. 14 5325, and that such amounts may only be used for the 15 purposes identified under this heading notwithstanding 16 any other provision of law: Provided further, That such 17 amount is designated by the Congress as being for an 18 emergency requirement pursuant to section 19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 20 Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 76 1 AGENCY FOR TOXIC SUBSTANCES AND DISEASE 2 REGISTRY 3 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC 4 HEALTH 5 For an additional amount for ‘‘Toxic Substances and 6 Environmental Public Health’’, $12,500,000, to remain 7 available until September 30, 2021, to monitor, prevent, 8 prepare for, and respond to coronavirus and other emerg9 ing infectious diseases, domestically or internationally; of 10 which $7,500,000 shall be for necessary expenses of the 11 Geospatial Research, Analysis and Services Program 12 (GRASP) to support spatial analysis and GIS mapping 13 of infectious disease hot spots, including cruise ships; and 14 $5,000,000 shall be for necessary expenses for awards for 15 Pediatric Environmental Health Specialties Units and 16 state health departments to provide guidance and outreach 17 on safe practices for home, school, and daycare facilities 18 disinfection for facilities that have experienced or want to 19 prevent coronavirus and other emerging infectious disease 20 cases: Provided, That such amount is designated by the 21 Congress as being for an emergency requirement pursuant 22 to section 251(b)(2)(A)(i) of the Balanced Budget and 23 Emergency Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 77 1 INSTITUTE OF AMERICAN INDIAN AND ALASKA 2 NATIVE CULTURE 3 PAYMENT 4 TO THE INSTITUTE For an additional amount for ‘‘Payment to the Insti- 5 tute’’, $78,000, to remain available until September 30, 6 2021, to prevent, prepare for, and respond to coronavirus: 7 Provided, That such amount is designated by the Congress 8 as being for an emergency requirement pursuant to sec9 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985. 11 SMITHSONIAN INSTITUTION 12 SALARIES 13 AND EXPENSES For an additional amount for ‘‘Salaries and Ex- 14 penses’’, $7,500,000, to remain available until September 15 30, 2021, for cleaning, security, information technology, 16 and staff overtime, to prevent, prepare for, and respond 17 to coronavirus: Provided, That such amount is designated 18 by the Congress as being for an emergency requirement 19 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg20 et and Emergency Deficit Control Act of 1985. 21 JOHN F. KENNEDY CENTER 22 ARTS 23 OPERATIONS AND MAINTENANCE 24 FOR THE PERFORMING For an additional amount for ‘‘Operations and Main- 25 tenance’’, $35,000,000, to remain available until Sep- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 78 1 tember 30, 2021, for operations and maintenance require2 ments related to the consequences of coronavirus: Pro3 vided, That notwithstanding the provisions of 20 U.S.C. 4 76h et seq., funds provided in this Act shall be made avail5 able to cover operating expenses required to ensure the 6 continuity of the John F. Kennedy Center for the Per7 forming Arts and its affiliates, including for employee 8 compensation and benefits, grants, contracts, payments 9 for rent or utilities, fees for artists or performers, informa10 tion technology, and other administrative expenses: Pro11 vided further, That no later than October 31, 2020, the 12 Board of Trustees of the Center shall submit a report to 13 the Committees on Appropriations of the House of Rep14 resentatives and Senate that includes a detailed expla15 nation of the distribution of the funds provided herein: 16 Provided further, That such amount is designated by the 17 Congress as being for an emergency requirement pursuant 18 to section 251(b)(2)(A)(i) of the Balanced Budget and 19 Emergency Deficit Control Act of 1985. 20 NATIONAL FOUNDATION 21 ON THE ARTS AND THE HUMANITIES 22 NATIONAL ENDOWMENT 23 FOR THE ARTS GRANTS AND ADMINISTRATION 24 For an additional amount for ‘‘Grants and Adminis- 25 tration’’, $300,000,000, to remain available until Sep- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 79 1 tember 30, 2021, for grants to respond to the impacts of 2 coronavirus: Provided, That such funds are available 3 under the same terms and conditions as grant funding ap4 propriated to this heading in P.L. 116–94: Provided fur5 ther, That 40 percent of such funds shall be distributed 6 to State arts agencies and regional arts organizations and 7 60 percent of such funds shall be for direct grants: Pro8 vided further, That such amount is designated by the Con9 gress as being for an emergency requirement pursuant to 10 section 251(b)(2)(A)(i) of the Balanced Budget and 11 Emergency Deficit Control Act of 1985: 12 NATIONAL ENDOWMENT 13 FOR THE HUMANITIES GRANTS AND ADMINISTRATION 14 For an additional amount for ‘‘Grants and Adminis- 15 tration’’, $300,000,000, to remain available until Sep16 tember 30, 2021, for grants to respond to the impacts of 17 coronavirus: Provided, That such funds are available 18 under the same terms and conditions as grant funding ap19 propriated to this heading in Public Law 116–94: Pro20 vided further, That 40 percent of such funds shall be dis21 tributed to state humanities councils and 60 percent of 22 such funds shall be for direct grants: Provided further, 23 That such amount is designated by the Congress as being 24 for an emergency requirement pursuant to section L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 80 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 GENERAL PROVISIONS 4 SEC. 10701. Notwithstanding any other provision of 5 law, funds made available under the heading ‘‘National 6 Foundation on the Arts and the Humanities—National 7 Endowment for the Arts—Grants and Administration’’ for 8 each of fiscal years 2019 and 2020 for grants for the pur9 poses described in section 5(c) of the National Foundation 10 on the Arts and Humanities Act of 1965 (20 U.S.C. 11 954(c)) may also be used by the recipients of such grants 12 for purposes of the general operations of such recipients 13 and the matching requirements under subsections (e), 14 (g)(4)(A), and (p)(3) of section 5 of the National Founda15 tion on the Arts and Humanities Act of 1965 (20 U.S.C. 16 954) may be waived with respect to such grants. 17 SEC. 10702. Notwithstanding any other provision of 18 law, funds made available under the heading ‘‘National 19 Foundation on the Arts and the Humanities—National 20 Endowment for the Humanities—Grants and Administra21 tion’’ for each of fiscal years 2019 and 2020 for grants 22 for the purposes described in section 7(c) and 7(h)(1) of 23 the National Foundation on the Arts and Humanities Act 24 of 1965 may also be used by the recipients of such grants 25 for purposes of the general operations of such recipients L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 81 1 and the matching requirements under subsection 2 (h)(2)(A) of section 7 of the National Foundation on the 3 Arts and Humanities Act of 1965 may be waived with re4 spect to such grants. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 82 1 TITLE VIII—DEPARTMENTS OF LABOR, 2 HEALTH AND HUMAN SERVICES, AND EDU- 3 CATION, AND RELATED AGENCIES 4 DEPARTMENT OF LABOR 5 EMPLOYMENT 6 AND TRAINING ADMINISTRATION TRAINING AND EMPLOYMENT SERVICES 7 For an additional amount for ‘‘Training and Employ- 8 ment Services’’, $960,000,000, to remain available until 9 September 30, 2021, to prevent, prepare for, and respond 10 to coronavirus through activities under the Workforce In11 novation and Opportunity Act (referred to in this Act as 12 ‘‘WIOA’’) as follows: 13 (1) $212,000,000 for grants to States for adult 14 employment and training activities, including sup- 15 portive services and needs-related payments; 16 (2) $227,000,000 for grants to States for youth 17 activities, including supportive services; 18 (3) $261,000,000 for grants to States for dis- 19 located worker employment and training activities, 20 including supportive services and needs-related pay- 21 ments; 22 (4) $250,000,000 for the Dislocated Worker 23 National Reserve, of which $150,000,000 shall be 24 for the Strengthening Community College Training 25 Grant program as outlined under the heading L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 83 1 ‘‘Training and Employment Services’’ in paragraph 2 (2)(A)(ii) of title I of division A of Public Law 116– 3 94 to assist community colleges in meeting the edu- 4 cational and training needs of their communities as 5 a result of coronavirus; 6 (5) $10,000,000 for Migrant and Seasonal 7 Farmworkers, including for emergency supportive 8 services to farmworkers, of which $500,000 shall be 9 available for the collection and dissemination of elec- 10 tronic and printed materials related to coronavirus: 11 Provided, That such amount is designated by the Congress 12 as being for an emergency requirement pursuant to sec13 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer14 gency Deficit Control Act of 1985. 15 JOB CORPS 16 For an additional amount for ‘‘Job Corps’’, 17 $100,000,000, to remain available until September 30, 18 2021, to prevent, prepare for, and respond to coronavirus, 19 including for student services: Provided, That such 20 amount is designated by the Congress as being for an 21 emergency requirement pursuant to section 22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 23 Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 84 1 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT 2 SERVICE OPERATIONS 3 For an additional amount for ‘‘State Unemployment 4 and Insurance and Employment Service Operations’’, 5 $150,000,000, to remain available until September 30, 6 2021, to prevent, prepare for, and respond to coronavirus 7 through grants to States in accordance with section 6 of 8 the Wagner-Peyser Act: Provided, That such amount is 9 designated by the Congress as being for an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 12 COMMUNITY SERVICE EMPLOYMENT FOR OLDER 13 AMERICANS 14 For an additional amount for ‘‘Community Service 15 Employment for Older Americans’’, $120,000,000, to re16 main available until September 30, 2021, to prevent, pre17 pare for, and respond to coronavirus: Provided, That 18 funds made available under this heading in this Act may, 19 in accordance with section 517(c) of the Older Americans 20 Act of 1965, be recaptured and reobligated: Provided fur21 ther, That such amount is designated by the Congress as 22 being for an emergency requirement pursuant to section 23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 24 Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 85 1 PROGRAM ADMINISTRATION 2 For an additional amount for ‘‘Program Administra- 3 tion’’, $15,000,000, to remain available until September 4 30, 2020, to prevent, prepare for, and respond to 5 coronavirus, including for the administration, oversight, 6 and coordination of unemployment insurance activities re7 lated thereto: Provided, That such amount is designated 8 by the Congress as being for an emergency requirement 9 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg10 et and Emergency Deficit Control Act of 1985. 11 EMPLOYEE BENEFITS SECURITY ADMINISTRATION 12 SALARIES AND EXPENSES 13 For an additional amount for ‘‘Employee Benefits 14 Security Administration’’, $3,000,000, to remain available 15 until September 30, 2020, to prevent, prepare for, and re16 spond to coronavirus, including for the administration, 17 oversight, and coordination of worker protection activities 18 related thereto: Provided, That such amount is designated 19 by the Congress as being for an emergency requirement 20 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg21 et and Emergency Deficit Control Act of 1985. 22 WAGE 23 AND HOUR DIVISION SALARIES AND EXPENSES 24 For an additional amount for ‘‘Wage and Hour Divi- 25 sion’’, $6,500,000, to remain available until September L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 86 1 30, 2020, to prevent, prepare for, and respond to 2 coronavirus, including for the administration, oversight, 3 and coordination of worker protection activities related 4 thereto: Provided, That such amount is designated by the 5 Congress as being for an emergency requirement pursuant 6 to section 251(b)(2)(A)(i) of the Balanced Budget and 7 Emergency Deficit Control Act of 1985. 8 OCCUPATIONAL SAFETY 9 AND HEALTH ADMINISTRATION SALARIES AND EXPENSES 10 For an additional amount for ‘‘Occupational Safety 11 and Health Administration’’, $30,000,000, to remain 12 available until September 30, 2021, for worker protection 13 activities to prevent, prepare for, and respond to 14 coronavirus: Provided, That of that amount, $10,000,000 15 shall be available for Susan Harwood training grants: Pro16 vided further, That such amount is designated by the Con17 gress as being for an emergency requirement pursuant to 18 section 251(b)(2)(A)(i) of the Balanced Budget and 19 Emergency Deficit Control Act of 1985. 20 DEPARTMENTAL MANAGEMENT 21 OFFICE 22 OF INSPECTOR GENERAL SALARIES AND EXPENSES 23 For an additional amount for ‘‘Office of Inspector 24 General’’, $1,500,000, to remain available until September 25 30, 2022, for oversight of activities supported with funds L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 87 1 appropriated to the Department of Labor: Provided, That 2 such amount is designated by the Congress as being for 3 an emergency requirement pursuant to section 4 251(b)(2)(A)(i) of the Balanced Budget and Emergency 5 Deficit Control Act of 1985. 6 VETERANS EMPLOYMENT AND TRAINING 7 For an additional amount for ‘‘Veterans Employment 8 and Training,’’ $15,000,000, to remain available through 9 September 30, 2021, to prevent, prepare for, and respond 10 to coronavirus, including for programs to assist homeless 11 veterans and veterans at risk of homelessness: Provided, 12 That such amount is designated by the Congress as being 13 for an emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 DEPARTMENT OF HEALTH AND HUMAN 17 SERVICES 18 HEALTH RESOURCES 19 AND SERVICES ADMINISTRATION PRIMARY HEALTH CARE 20 For an additional amount for ‘‘Primary Health 21 Care’’, $1,300,000,000, to remain available until Sep22 tember 30, 2021, for necessary expenses to prevent, pre23 pare for, and respond to coronavirus, for grants and coop24 erative agreements under the Health Centers Program, as 25 defined by section 330 of the Public Health Service Act, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 88 1 and for eligible entities under the Native Hawaiian Health 2 Care Improvement Act, including maintenance of current 3 health care center capacity and staffing levels: Provided, 4 That sections 330(r)(2)(B), 330(e)(6)(A)(iii), and 5 330(e)(6)(B)(iii) shall not apply to funds provided under 6 this heading in this Act: Provided further, That such 7 amount is designated by the Congress as being for an 8 emergency requirement pursuant to section 9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 RYAN WHITE HIV/AIDS PROGRAM 12 For an additional amount for ‘‘Ryan White HIV/ 13 AIDS Program’’, $90,000,000, to remain available 14 through September 30, 2021, to prevent, prepare for, and 15 respond to coronavirus: Provided, That awards from funds 16 provided under this heading in this Act shall be through 17 modifications to existing contracts and supplements to ex18 isting grants and cooperative agreements under parts A 19 , B, C, D, F, and section 2692(a) of title XXVI of the 20 Public Health Service Act: Provided further, That such 21 supplements shall be awarded using a data-driven method22 ology determined by the Secretary of Health and Human 23 Services: Provided further, That sections 2604(c), 24 2612(b), and 2651(c) of the Public Health Service Act 25 shall not apply to funds provided under this heading in L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 89 1 this Act: Provided further, That such amount is designated 2 by the Congress as being for an emergency requirement 3 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg4 et and Emergency Deficit Control Act of 1985. 5 HEALTH CARE SYSTEMS 6 For an additional amount for ‘‘Health Care Sys- 7 tems’’, $5,000,000, to remain available until September 8 30, 2021 to prevent, prepare for, and respond to 9 coronavirus, for activities authorized under sections 1271 10 and 1273 of the Public Health Service Act to improve the 11 capacity of poison control centers to respond to increased 12 calls and communications: Provided, That such amount is 13 designated by the Congress as being for an emergency re14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985. 16 RURAL HEALTH 17 For an additional amount for ‘‘Rural Health’’, 18 $460,000,000, to remain available through September 30, 19 2021, to prevent, prepare for, and respond to coronavirus, 20 including telephonic and virtual care for the underinsured, 21 and for continuation and expansion of telehealth and rural 22 health activities under sections 330A and 330I of the Pub23 lic Health Service Act and section 711 of the Social Secu24 rity Act: Provided, That of the amount provided under this 25 heading in this Act, not less than $15,000,000 shall be L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 90 1 allocated to tribes, tribal organizations, urban Indian 2 health organizations, or health service providers to tribes: 3 Provided further, That such amount is designated by the 4 Congress as being for an emergency requirement pursuant 5 to section 251(b)(2)(A)(i) of the Balanced Budget and 6 Emergency Deficit Control Act of 1985. 7 CENTERS 8 FOR DISEASE CONTROL AND PREVENTION CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT 9 For an additional amount for ‘‘CDC–Wide Activities 10 and Program Support’’, $5,500,000,000, to remain avail11 able until September 30, 2024, to prevent, prepare for, 12 and respond to coronavirus, domestically or internation13 ally: Provided, That not less than $2,000,000,000 of the 14 amount provided shall be for grants to or cooperative 15 agreements with States, localities, territories, tribes, tribal 16 organizations, urban Indian health organizations, or 17 health service providers to tribes, for such purposes includ18 ing to carry out surveillance, epidemiology, laboratory ca19 pacity, infection control, mitigation, communications, and 20 other preparedness and response activities: Provided fur21 ther, That every grantee that received a Public Health 22 Emergency Preparedness grant for fiscal year 2019 shall 23 receive not less than 100 percent of that grant level from 24 funds provided in the first proviso under this heading in 25 this Act, and not less than $125,000,000 of such funds L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 91 1 shall be allocated to tribes, tribal organizations, urban In2 dian health organizations, or health service providers to 3 tribes: Provided further, That the Director of the Centers 4 for Disease Control and Prevention (‘‘CDC’’) may satisfy 5 the funding thresholds outlined in the preceding two pro6 visos by making awards through other grant or coopera7 tive agreement mechanisms: Provided further, That of the 8 amount provided under this heading in this Act, not less 9 than $1,000,000,000 shall be for global disease detection 10 and emergency response: Provided further, That of the 11 amount provided under this heading in this Act, 12 $500,000,000 shall be for public health data surveillance 13 and analytics infrastructure modernization: Provided fur14 ther, That funds appropriated under this heading in this 15 Act may be used for grants for the rent, lease, purchase, 16 acquisition, construction, alteration, or renovation of non17 Federally owned facilities to improve preparedness and re18 sponse capability at the State and local level: Provided fur19 ther, That funds may be used for purchase and insurance 20 of official motor vehicles in foreign countries: Provided fur21 ther, That such amount is designated by the Congress as 22 being for an emergency requirement pursuant to section 23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 24 Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 92 1 NATIONAL INSTITUTES OF HEALTH 2 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE 3 For an additional amount for ‘‘National Heart, Lung, 4 and Blood Institute’’, $103,400,000, to remain available 5 until September 30, 2024, to prevent, prepare for, and re6 spond to coronavirus, domestically or internationally: Pro7 vided, That such amount is designated by the Congress 8 as being for an emergency requirement pursuant to sec9 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985. 11 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS 12 DISEASES 13 For an additional amount for ‘‘National Institute of 14 Allergy and Infectious Diseases’’, $550,000,000, to re15 main available until September 30, 2024, to prevent, pre16 pare for, and respond to coronavirus, domestically or 17 internationally: Provided, That such amount is designated 18 by the Congress as being for an emergency requirement 19 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg20 et and Emergency Deficit Control Act of 1985. 21 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH 22 SCIENCES 23 For an additional amount for ‘‘National Institute of 24 Environmental Health Sciences’’, $10,000,000, to remain 25 available until September 30, 2024, for worker-based L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 93 1 training to prevent and reduce exposure of hospital em2 ployees, emergency first responders, and other workers 3 who are at risk of exposure to coronavirus through their 4 work duties: Provided, That such amount is designated by 5 the Congress as being for an emergency requirement pur6 suant to section 251(b)(2)(A)(i) of the Balanced Budget 7 and Emergency Deficit Control Act of 1985. 8 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND 9 BIOENGINEERING 10 For an additional amount for ‘‘National Institute of 11 Biomedical Imaging and Bioengineering’’, $60,000,000, to 12 remain available until September 30, 2024, to prevent, 13 prepare for, and respond to coronavirus, domestically or 14 internationally: Provided, That such amount is designated 15 by the Congress as being for an emergency requirement 16 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg17 et and Emergency Deficit Control Act of 1985. 18 NATIONAL LIBRARY OF MEDICINE 19 For an additional amount for ‘‘National Library of 20 Medicine’’, $10,000,000, to remain available until Sep21 tember 30, 2024, to prevent, prepare for, and respond to 22 coronavirus, domestically or internationally: Provided, 23 That such amount is designated by the Congress as being 24 for an emergency requirement pursuant to section L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 94 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL 4 SCIENCES 5 For an additional amount for ‘‘National Center for 6 Advancing Translational Sciences’’, $36,000,000, to re7 main available until September 30, 2024, to prevent, pre8 pare for, and respond to coronavirus, domestically or 9 internationally: Provided, That such amount is designated 10 by the Congress as being for an emergency requirement 11 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg12 et and Emergency Deficit Control Act of 1985. 13 OFFICE OF THE DIRECTOR 14 For an additional amount for ‘‘Office of the Direc- 15 tor’’, $30,000,000, to remain available until September 16 30, 2024, to prevent, prepare for, and respond to 17 coronavirus, domestically or internationally: Provided, 18 That the funds provided under this heading in this Act 19 shall be available for the Common Fund established under 20 section 402A(c)(1) of the Public Health Service Act: Pro21 vided further, That such amount is designated by the Con22 gress as being for an emergency requirement pursuant to 23 section 251(b)(2)(A)(i) of the Balanced Budget and 24 Emergency Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 95 1 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 2 ADMINISTRATION 3 HEALTH SURVEILLANCE AND PROGRAM SUPPORT 4 For an additional amount for ‘‘Health Surveillance 5 and Program Support’’, $435,000,000, to remain avail6 able until September 30, 2021, to prevent, prepare for, 7 and respond to coronavirus, for program support and 8 cross-cutting activities that supplement activities funded 9 under the headings ‘‘Mental Health’’, ‘‘Substance Abuse 10 Treatment’’, and ‘‘Substance Abuse Prevention’’ in car11 rying out titles III, V, and XIX of the Public Health Serv12 ice Act (‘‘PHS Act’’): Provided, That $200,000,000 of the 13 funds made available under this heading in this Act shall 14 be for grants to communities and community organiza15 tions who meet criteria for Certified Community Behav16 ioral Health Clinics pursuant to section 223(a) of Public 17 Law 113–93: Provided further, That $60,000,000 of the 18 funds made available under this heading in this Act shall 19 be for services to the homeless population: Provided fur20 ther, That $10,000,000 of the funds made available under 21 this heading in this Act shall be for the National Child 22 Traumatic Stress Network: Provided further, That not less 23 than $50,000,000 of the funds made available under this 24 heading in this Act shall be for suicide prevention pro25 grams: Provided further, That not less than $100,000,000 L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 96 1 of the amount made available under this heading in this 2 Act is available for State Emergency Response Grants au3 thorized under section 501(o) of the PHS Act: Provided 4 further, That not less than $15,000,000 of the amount 5 made available under this heading in this Act shall be allo6 cated to tribes, tribal organizations, urban Indian health 7 organizations, or health or behavioral health service pro8 viders to tribes: Provided further, That such amount is 9 designated by the Congress as being for an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 12 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY 13 For an additional amount for ‘‘Healthcare Research 14 and Quality’’, $80,000,000, to remain available until Sep15 tember 30, 2024, to prevent, prepare for, and respond to 16 coronavirus, to carry out titles III and IX of the Public 17 Health Service Act, part A of title XI of the Social Secu18 rity Act, and section 1013 of the Medicare Prescription 19 Drug, Improvement, and Modernization Act of 2003: Pro20 vided, That section 947(c) of the Public Health Service 21 Act shall not apply to funds made available under this 22 heading in this Act: Provided further, That such amount 23 is designated by the Congress as being for an emergency 24 requirement pursuant to section 251(b)(2)(A)(i) of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 97 1 Balanced Budget and Emergency Deficit Control Act of 2 1985. 3 CENTERS 4 FOR MEDICARE & MEDICAID SERVICES PROGRAM MANAGEMENT 5 For an additional amount for ‘‘Program Manage- 6 ment’’, $550,000,000, to remain available until September 7 30, 2022 to prevent, prepare for, and respond to 8 coronavirus, of which $100,000,000 shall be for necessary 9 expenses of the survey and certification program, 10 prioritizing nursing home facilities in localities with com11 munity transmission of coronavirus: Provided, That such 12 amount is designated by the Congress as being for an 13 emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 ADMINISTRATION FOR CHILDREN AND FAMILIES 17 LOW INCOME HOME ENERGY ASSISTANCE 18 For an additional amount for ‘‘Low Income Home 19 Energy Assistance’’, $1,400,000,000, to remain available 20 until September 30, 2021, for making payments under 21 subsection (b) of section 2602 of the Low-Income Home 22 Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.): 23 Provided, That of the amount provided under this heading 24 in this Act, $700,000,000 shall be allocated as though the 25 total appropriation for such payments for fiscal year 2020 L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 98 1 was less than $1,975,000,000: Provided further, That sec2 tion 2607(b)(2)(B) of such Act (42 U.S.C. 8626(b)(2)(B)) 3 shall not apply to funds made available under this heading 4 in this Act: Provided further, That such amount is des5 ignated by the Congress as being for an emergency re6 quirement pursuant to section 251(b)(2)(A)(i) of the Bal7 anced Budget and Emergency Deficit Control Act of 1985. 8 PAYMENTS TO STATES FOR THE CHILD CARE AND 9 DEVELOPMENT BLOCK GRANT 10 For an additional amount for ‘‘Payments to States 11 for the Child Care and Development Block Grant’’, 12 $4,000,000,000, to remain available until September 30, 13 2021, to prevent, prepare for, and respond to coronavirus, 14 including for Federal administrative expenses, which shall 15 be used to supplement, not supplant State, Territory, and 16 Tribal general revenue funds for child care assistance for 17 low-income families without regard to requirements in sec18 tion 658E(c)(3)(D), section 658E(c)(3)(E), section 19 658G(a), or section 658G(c) of the Child Care and Devel20 opment Block Grant Act (‘‘CCDBG Act’’): Provided, That 21 funds made available under this heading in this Act may 22 also be used for costs of waiving family copayments and 23 covering costs typically paid through family copayments, 24 continued payments and assistance to child care providers 25 in cases of decreased enrollment, child absences, or pro- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 99 1 vider closures related to coronavirus, and to ensure child 2 care providers are able to remain open or reopen as appro3 priate and applicable: Provided further, That States, Ter4 ritories, and Tribes are encouraged to place conditions on 5 payments to child care providers that ensure that child 6 care providers use a portion of funds received to continue 7 to pay the salaries and wages of staff: Provided further, 8 That such funds may be used for mobilizing emergency 9 child care services, for providing temporary assistance to 10 eligible child care providers to support costs associated 11 with coronavirus, and for supporting child care resource 12 and referral services: Provided further, That States, Terri13 tories, and Tribes are authorized to use funds appro14 priated under this heading to provide child care assistance 15 to health care sector employees, emergency responders, 16 sanitation workers, and other workers deemed essential 17 during the response to coronavirus by public officials, 18 without regard to the income eligibility requirements of 19 section 658P(4) of the CCDBG Act: Provided further, 20 That the Secretary shall remind States that CCDBG State 21 plans do not need to be amended prior to utilizing existing 22 authorities in the CCDBG Act for the purposes provided 23 herein: Provided further, That funds appropriated under 24 this heading in this Act shall be available to eligible child 25 care providers under section 658P(6) of the CCDBG Act, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 100 1 even if such providers were not receiving CCDBG assist2 ance prior to the public health emergency as a result of 3 the coronavirus, for the purposes of cleaning and sanita4 tion, and other activities necessary to maintain or resume 5 the operation of programs: Provided further, That obliga6 tions incurred for the purposes provided herein prior to 7 the date of enactment of this Act may be charged to funds 8 appropriated under this heading in this Act: Provided fur9 ther, That such amount is designated by the Congress as 10 being for an emergency requirement pursuant to section 11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 12 Deficit Control Act of 1985. 13 CHILDREN AND FAMILIES SERVICES PROGRAMS 14 For an additional amount for ‘‘Children and Families 15 Services Programs’’, $4,302,000,000, to remain available 16 until September 30, 2021, which shall be used as follows: 17 (1) $1,000,000,000 for making payments under 18 the Head Start Act to be allocated in an amount 19 that bears the same ratio to such portion as the 20 number of enrolled children served by the agency in- 21 volved bears to the number of enrolled children by 22 all Head Start agencies: Provided, That none of the 23 funds appropriated in this paragraph shall be in- 24 cluded in the calculation of the ‘‘base grant’’ in sub- 25 sequent fiscal years, as such term is defined in sec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 101 1 tions 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of 2 the Head Start Act: Provided further, That funds 3 appropriated in this paragraph are not subject to 4 the allocation requirements of section 640(a) of the 5 Head Start Act and in addition to allowable uses of 6 fund in 45 CFR 1301–1305, shall be allowable for 7 developing and implementing procedures and sys- 8 tems to improve the coordination, preparedness and 9 response efforts with State, local, tribal, an terri- 10 torial public health departments, and other relevant 11 agencies; cost of meals and snacks not reimbursed 12 by the Secretary of Agriculture; mental health serv- 13 ices and supports; mental health crisis response and 14 intervention services; training and professional devel- 15 opment for staff on infectious disease management; 16 purchasing necessary supplies and contracted serv- 17 ices to sanitize and clean facilities and vehicles, if 18 applicable; and other costs that are necessary to 19 maintain and resume the operation of programs, 20 such as substitute staff, technology infrastructure, 21 or other emergency assistance; Provided further, 22 That up to $600,000,000 shall be available for the 23 purpose of operating supplemental summer pro- 24 grams through non-competitive grant supplements to 25 existing grantees determined to be most ready to op- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 102 1 erate those programs by the Office of Head Start: 2 Provided further, That not more than $15,000,000 3 shall be available for Federal administrative ex- 4 penses and shall remain available through Sep- 5 tember 30, 2021: Provided further, That obligations 6 incurred for the purposes provided herein prior to 7 the date of enactment of this subdivision may be 8 charged to funds appropriated under this heading. 9 (2) $2,500,000,000 for activities to carry out 10 the Community Services Block Grant Act: Provided, 11 That of the amount made available in this para- 12 graph in this Act, $50,000,000 shall be available for 13 Statewide activities in accordance with section 14 675C(b)(1) of such Act: Provided further, That of 15 the amount made available in this paragraph in this 16 Act, $25,000,000 shall be available for grants to 17 support the procurement and distribution of diapers 18 through non-profit organizations: Provided further, 19 That of the amount made available in this para- 20 graph in this Act, $25,000,000 shall be available for 21 administrative expenses in accordance with section 22 675C(b)(2) of such Act: Provided further, That each 23 State, territory, or tribe shall allocate not less than 24 xx percent of its formula award to non-profit organi- 25 zations: Provided further, That for services furnished L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 103 1 under such Act during fiscal years 2020 and 2021, 2 States may apply the last sentence of section 673(2) 3 of such Act by substituting ‘‘200 percent’’ for ‘‘125 4 percent’’. 5 (3) $2,000,000, for the National Domestic Vio- 6 lence Hotline as authorized by Section 303(b) of the 7 Family Violence Prevention and Services Act: Pro- 8 vided, That the Secretary may use amounts made 9 available in the preceding proviso for providing hot- 10 line services remotely. 11 (4) $100,000,000 for Family Violence Preven- 12 tion and Services formula grants as authorized by 13 Section 303(a) of the Family Violence and Preven- 14 tion and Services Act; Provided, That the Secretary 15 may use amounts made available in the preceding 16 proviso for providing temporary housing and in-per- 17 son assistance to victims of family, domestic, and 18 dating violence: Provided further, That for funds ob- 19 ligated during the period of any public health emer- 20 gency declared under section 319 of the Public 21 Health Service Act with respect to coronavirus, the 22 Secretary may waive such statutory and regulatory 23 program requirements as the Secretary determines 24 appropriate to respond to the public health emer- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 104 1 gency, including the matching funds requirement in 2 section 306(c)(4) of such Act. 3 (5) $100,000,000 for carrying out activities 4 under the Runaway and Homeless Youth Act: Pro- 5 vided, That amounts made available in the preceding 6 proviso shall be used to supplement, not supplant, 7 existing funds and shall be available without regard 8 to matching requirements. 9 (6) $1,500,000,000 for necessary expenses for 10 grants for assisting low-income households, as de- 11 fined by the grantee, in paying their water and 12 wastewater utility costs: Provided, That eligible 13 grantees shall be those identified in section 2003 of 14 the Social Security Act, and funds appropriated in 15 this paragraph shall be allocated among such enti- 16 ties proportionately to the size of the allotment to 17 each such entity under such section; 18 Provided further, That such amount is designated by the 19 Congress as being for an emergency requirement pursuant 20 to section 251(b)(2)(A)(i) of the Balanced Budget and 21 Emergency Deficit Control Act of 1985. 22 ADMINISTRATION 23 FOR COMMUNITY LIVING AGING AND DISABILITY SERVICES PROGRAMS 24 For an additional amount for ‘‘Aging and Disability 25 Services Programs’’, $1,205,000,000, to remain available L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 105 1 until September 30, 2021, to prevent, prepare for, and re2 spond to coronavirus: Provided, That of the amount made 3 available under this heading in this Act, $1,070,000,000 4 shall be for activities authorized under the Older Ameri5 cans Act of 1965 (‘‘OAA’’), including $200,000,000 for 6 supportive services under part B of title III; $720,000,000 7 for nutrition services under subparts 1 and 2 of part C 8 of title III; $30,000,000 for nutrition services under title 9 VI; $100,000,000 for support services for family care10 givers under part E of title III; and $20,000,000 for elder 11 rights protection activities, including the long-term om12 budsman program under title VII of such Act: Provided 13 further, That of the amount made available under this 14 heading in this Act, $50,000,000 shall be for aging and 15 disability resource centers authorized in sections 202(b) 16 and 411 of the OAA: Provided further, That of the amount 17 made available under this heading in this Act, 18 $85,000,000 shall be available for centers for independent 19 living that have received grants funded under part C of 20 chapter I of title VII of the Rehabilitation Act of 1973: 21 Provided further, That to facilitate State use of funds pro22 vided under this heading in this Act, matching require23 ments under sections 304(d)(1)(D) and 373(g)(2) of the 24 OAA shall not apply to funds made available under this 25 heading: Provided further, That the transfer authority L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 106 1 under section 308(b)(4)(A) of the OAA shall apply to 2 funds made available under this heading in this Act by 3 substituting ‘‘100 percent’’ for ‘‘40 percent’’: Provided 4 further, That the State Long-Term Care Ombudsman 5 shall have continuing direct access (or other access 6 through the use of technology) to residents of long-term 7 care facilities, during any portion of the public health 8 emergency relating to coronavirus as of the date of enact9 ment of this Act and ending on September 30, 2020, to 10 provide services described in section 712(a)(3)(B) of the 11 OAA: Provided further, That such amount is designated 12 by the Congress as being for an emergency requirement 13 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg14 et and Emergency Deficit Control Act of 1985. 15 OFFICE OF THE SECRETARY 16 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 17 FUND 18 For an additional amount for ‘‘Public Health and So- 19 cial Services Emergency Fund’’, $6,077,000,000, to re20 main available until September 30, 2024, to prevent, pre21 pare for, and respond to coronavirus, domestically or 22 internationally, including the development of necessary 23 countermeasures and vaccines, prioritizing platform-based 24 technologies with U.S.-based manufacturing capabilities, 25 the purchase of vaccines, therapeutics, diagnostics, and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 107 1 necessary medical supplies, as well as medical surge capac2 ity, workforce modernization, enhancements to the U.S. 3 Commissioned Corps, telehealth access and infrastructure, 4 initial advanced manufacturing, and related administra5 tive activities: Provided, That no less than $1,000,000,000 6 shall be dedicated to the development, translation and 7 demonstration at scale of innovations in manufacturing 8 platforms to support vitally necessary medical counter9 measures to support a reliable U.S.-sourced supply chain 10 of: (a) vaccines, (b) therapeutics, (c) small molecule APIs 11 (active pharmaceutical ingredients), including construc12 tion costs: Provided further, That the Secretary of Health 13 and Human Services shall purchase vaccines developed 14 using funds made available under this heading in this Act 15 to respond to an outbreak or pandemic related to 16 coronavirus in quantities determined by the Secretary to 17 be adequate to address the public health need: Provided 18 further, That products purchased by the Federal govern19 ment with funds made available under this heading, in20 cluding vaccines, therapeutics, and diagnostics, shall be 21 purchased in accordance with Federal Acquisition Regula22 tion guidance on fair and reasonable pricing: Provided fur23 ther, That the Secretary may take such measures author24 ized under current law to ensure that vaccines, thera25 peutics, and diagnostics developed from funds provided in L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 108 1 this Act will be affordable in the commercial market Pro2 vided further, That in carrying out the preceding proviso, 3 the Secretary shall not take actions that delay the develop4 ment of such products: Provided further, That products 5 purchased with funds appropriated in this paragraph may, 6 at the discretion of the Secretary of Health and Human 7 Services, be deposited in the Strategic National Stockpile 8 under section 319F–2 of the Public Health Service Act 9 (‘‘PHS Act’’): Provided further, That funds appropriated 10 under this heading in this Act may be transferred to, and 11 merged with, the fund authorized by section 319F–4, the 12 Covered Countermeasure Process Fund, of the PHS Act: 13 Provided further, That funds appropriated under this 14 heading in this Act may be used for grants for the con15 struction, alteration, or renovation of non-Federally owned 16 facilities to improve preparedness and response capability 17 at the State and local level: Provided further, That funds 18 appropriated under this heading in this Act may be used 19 for the construction, alteration, or renovation of non-Fed20 erally owned facilities for the production of vaccines, 21 therapeutics, and diagnostics where the Secretary deter22 mines that such a contract is necessary to secure sufficient 23 amounts of such supplies: Provided further, That of the 24 amount provided under this heading in this Act, 25 $1,635,000,000 shall be for expenses necessary to carry L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 109 1 out section 319F–2(a) of the PHS Act: Provided further, 2 That of the amount provided under this heading in this 3 Act, not less than $500,000,000 shall be available to the 4 Biomedical Advanced Research and Development Author5 ity for acquisition, construction, or renovation of privately 6 owned U.S.-based next generation manufacturing facili7 ties: Provided further, That not later than seven days after 8 the date of enactment of this Act, and weekly thereafter 9 until [insert end date], the Secretary shall report to the 10 Committees on Appropriations of the House of Represent11 atives and the Senate on the current inventory of personal 12 protective equipment in the Strategic National Stockpile, 13 including the numbers of face shields, gloves, goggles and 14 glasses, gowns, head covers, masks, and respirators, as 15 well as deployment of personal protective equipment dur16 ing the previous week, reported by state and other juris17 diction: Provided further, That after the date that a report 18 is required to be submitted pursuant to the preceding pro19 viso, amounts made available for ‘‘Department of Health 20 and Human Services—Office of the Secretary—General 21 Departmental Management’’ in Public Law 116–94 for 22 salaries and expenses of the Immediate Office of the Sec23 retary shall be reduced by $250,000 for each day that 24 such report has not been submitted: Provided further, 25 That such amount is designated by the Congress as being L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 110 1 for an emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 For an additional amount for ‘‘Public Health and So- 5 cial Services Emergency Fund’’, $100,000,000,000, to re6 main available until expended, to prevent, prepare for, and 7 respond to coronavirus, to provide grants to public enti8 ties, not-for-profit entities, and Medicare and Medicaid en9 rolled suppliers and institutional providers, including for10 profit entities to reimburse for health care related ex11 penses or lost revenues directly attributable to the public 12 health emergency resulting from the coronavirus: Pro13 vided, That grants shall be awarded in coordination with 14 the Administrator of the Centers for Medicare & Medicaid 15 Services: Provided further, That funds under this para16 graph shall not be used to provide grants to reimburse 17 for health care related expenses or lost revenues that have 18 been reimbursed or are eligible for reimbursement from 19 other sources: Provided further, That such amount is des20 ignated by the Congress as being for an emergency re21 quirement pursuant to section 251(b)(2)(A)(i) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985. 23 For an additional amount for ‘‘Public Health and So- 24 cial Services Emergency Fund’’, $4,500,000,000, to re25 main available until September 30, 2022, to prevent, pre- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 111 1 pare for, and respond to coronavirus, to reimburse the De2 partment of Veterans Affairs for expenses incurred by the 3 Veterans Affairs health care system to provide medical 4 care to civilians: Provided, That funds provided under this 5 paragraph shall be made available only if the Secretary 6 of Health and Human Services certifies to the Committees 7 on Appropriations of the House of Representatives and the 8 Senate that such funds are necessary to reimburse the De9 partment of Veterans Affairs for expenses incurred to pro10 vide health care to civilians: Provided further, That the 11 Secretary shall notify the Committees on Appropriations 12 of the House of Representatives and the Senate prior to 13 such certification: Provided further, That such amount is 14 designated by the Congress as being for an emergency re15 quirement pursuant to section 251(b)(2)(A)(i) of the Bal16 anced Budget and Emergency Deficit Control Act of 1985. 17 DEPARTMENT OF EDUCATION 18 STATE FISCAL STABILIZATION FUND 19 For an additional amount for ‘‘State Fiscal Stabiliza- 20 tion Fund’’, $30,000,000,000, to remain available until 21 September 30, 2022, to prevent, prepare for, and respond 22 to coronavirus: Provided, That the Secretary of Education 23 (referred to under this heading as ‘‘Secretary’’) shall make 24 grants to the Governor of each State for support of ele25 mentary, secondary, and postsecondary education and, as L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 112 1 applicable, early childhood education programs and serv2 ices: Provided further, That of the amount made available, 3 the Secretary shall first allocate up to one-half of 1 per4 cent to the outlying areas and one-half of 1 percent to 5 the Bureau of Indian Education (BIE) for activities con6 sistent with this heading under such terms and conditions 7 as the Secretary may determine: Provided further, That 8 of the amount made available, the Secretary shall allocate 9 1 percent of funds to provide grants to States with the 10 highest coronavirus burden to support activities under this 11 heading: Provided further, That the Secretary shall issue 12 a notice inviting applications not later than 30 days of 13 enactment of this Act and approve or deny applications 14 not later than 30 days after receipt: Provided further, That 15 the Secretary may reserve up to $30,000,000 for adminis16 tration and oversight of the activities under this heading: 17 Provided further, That the Secretary shall allocate 61 per18 cent of the remaining funds made available to carry out 19 this heading to the States on the basis of their relative 20 population of individuals aged 5 through 24 and allocate 21 39 percent on the basis of their relative number of children 22 counted under section 1124(c) of the Elementary and Sec23 ondary Education Act of 1965 (referred to under this 24 heading as ‘‘ESEA’’) as State grants: Provided further, 25 That State grants shall support statewide elementary, sec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 113 1 ondary, and postsecondary activities; subgrants to local 2 educational agencies; and, subgrants to public institutions 3 of higher education: Provided further, That States shall 4 allocate not less than 30 percent of the funds received 5 under the sixth proviso as subgrants to local educational 6 agencies on the basis of their relative number of children 7 counted under section 1124(c) of the ESEA: Provided fur8 ther, That States shall allocate not less than 30 percent 9 of the funds received under the sixth proviso as subgrants 10 to public institutions of higher education on the basis of 11 the relative share of full-time equivalent students who re12 ceived Pell Grants at the institution in the previous award 13 year and of the total enrollment of full-time equivalent stu14 dents at the institution in the previous award year: Pro15 vided further, That the Governor shall return to the Sec16 retary any funds received that the Governor does not 17 award to local educational agencies and public institutions 18 of higher education or otherwise commit within two years 19 of receiving such funds, and the Secretary shall reallocate 20 such funds to the remaining States in accordance with the 21 sixth proviso: Provided further, That Governors shall use 22 State grants to maintain or restore State fiscal support 23 for elementary, secondary and postsecondary education: 24 Provided further, That funds for local educational agencies 25 may be used for any activity authorized by the ESEA, the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 114 1 Individuals with Disabilities Education Act, the McKin2 ney-Vento Homeless Assistance Act (Title VII, Subpart 3 B), the Adult Education and Family Literacy Act or the 4 Carl D. Perkins Career and Technical Education Act of 5 2006 (‘‘the Perkins Act’’): Provided further, That a State 6 or local educational agency receiving funds under this 7 heading may use the funds for activities coordinated with 8 State, local, tribal, and territorial public health depart9 ments to detect, prevent, or mitigate the spread of infec10 tious disease or otherwise respond to coronavirus; support 11 online learning by purchasing educational technology and 12 internet access for students, which may include assistive 13 technology or adaptive equipment, that aids in regular and 14 substantive educational interactions between students and 15 their classroom instructor; provide ongoing professional 16 development to staff in how to effectively provide quality 17 online academic instruction; provide assistance for chil18 dren and families to promote equitable participation in 19 quality online learning; plan and implement activities re20 lated to summer learning, including providing classroom 21 instruction or quality online learning during the summer 22 months; plan for and coordinate during long-term clo23 sures, provide technology for quality online learning to all 24 students, and how to support the needs of low-income stu25 dents, racial and ethnic minorities, students with disabil- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 115 1 ities, English learners, students experiencing homeless2 ness, and children in foster care, including how to address 3 learning gaps that are created or exacerbated due to long4 term closures; and other activities that are necessary to 5 maintain the operation of and continuity of services in 6 local educational agencies, including maintaining employ7 ment of existing personnel: Provided further, That a public 8 institution of higher education that receives funds under 9 this heading shall use funds for education and general ex10 penditures and grants to students for expenses directly re11 lated to coronavirus and the disruption of campus oper12 ations (which may include emergency financial aid to stu13 dents for food, housing, technology, health care, and child 14 care costs that shall not be required to be repaid by such 15 students) or for the acquisition of technology and services 16 directly related to the need for distance learning and the 17 training of faculty and staff to use such technology and 18 services (which shall not include paying contractors a por19 tion of tuition revenue or for pre-enrollment recruitment 20 activities): Provided further, That priority shall be given 21 to under-resourced institutions, institutions with high bur22 den due to the coronavirus, and institutions who do not 23 possess distance education capabilities at the time of en24 actment of this Act: Provided further, That an institution 25 of higher education may not use funds received under this L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 116 1 heading to increase its endowment or provide funding for 2 capital outlays associated with facilities related to ath3 letics, sectarian instruction, or religious worship: Provided 4 further, That funds may be used to support hourly work5 ers, such as education support professionals, classified 6 school employees, and adjunct and contingent faculty: Pro7 vided further, That a Governor of a State desiring to re8 ceive an allocation under this heading shall submit an ap9 plication at such time, in such manner, and containing 10 such information as the Secretary may reasonably require: 11 Provided further, That a State’s application shall include 12 assurances that the State will maintain support for ele13 mentary and secondary education in fiscal year 2020, fis14 cal year 2021, and fiscal year 2022 at least at the level 15 of such support that is the average of such State’s support 16 for elementary and secondary education in the 3 fiscal 17 years preceding the date of enactment of this Act: Pro18 vided further, That a State’s application shall include as19 surances that the State will maintain State support for 20 higher education (not including support for capital 21 projects or for research and development or tuition and 22 fees paid by students) in fiscal year 2020, fiscal year 23 2021, and fiscal year 2022 at least at the level of such 24 support that is the average of such State’s support for 25 higher education (which shall include State and local gov- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 117 1 ernment funding to institutions of higher education and 2 state need-based financial aid) in the 3 fiscal years pre3 ceding the date of enactment of this Act: Provided further, 4 That in such application, the Governor shall provide base5 line data that demonstrates the State’s current status in 6 each of the areas described in such assurances in the pre7 ceding provisos: Provided further, That a State’s applica8 tion shall include assurances that the State will not con9 strue any provisions under this heading as displacing any 10 otherwise applicable provision of any collective-bargaining 11 agreement between an eligible entity and a labor organiza12 tion as defined by section 2(5) of the National Labor Rela13 tions Act (29 U.S.C. 152(5)) or analogous State law: Pro14 vided further, That a State’s application shall include as15 surances that the State shall maintain the wages, benefits, 16 and other terms and conditions of employment set forth 17 in any collective-bargaining agreement between the eligible 18 entity and a labor organization, as defined in the pre19 ceding proviso: Provided further, That a State receiving 20 funds under this heading shall submit a report to the Sec21 retary, at such time and in such manner as the Secretary 22 may require, that describes the use of funds provided 23 under this heading: Provided further, That no recipient of 24 funds under this heading shall use funds to provide finan25 cial assistance to students to attend private elementary or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 118 1 secondary schools, unless such funds are used to provide 2 special education and related services to children with dis3 abilities, as authorized by the Individuals with Disabilities 4 Education Act: Provided further, That the terms ‘‘elemen5 tary education’’ and ‘‘secondary education’’ have the 6 meaning given such terms under State law: Provided fur7 ther, That the term ‘‘institution of higher education’’ has 8 the meaning given such term in section 101 of the Higher 9 Education Act of 1965: Provided further, That the term 10 ‘‘fiscal year’’ shall have the meaning given such term 11 under State law: Provided further, That such amount is 12 designated by the Congress as being for an emergency re13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985. 15 SAFE SCHOOLS AND CITIZENSHIP EDUCATION 16 For an additional amount for ‘‘Safe Schools and Citi- 17 zenship Education’’, to supplement funds otherwise avail18 able for the ‘‘Project School Emergency Response to Vio19 lence program’’, $200,000,000, to remain available until 20 September 30, 2020, to prevent, prepare for, and respond 21 to coronavirus, including to help elementary, secondary 22 and postsecondary schools clean and disinfect affected 23 schools, and assist in counseling and distance learning and 24 associated costs: Provided, That such amount is des25 ignated by the Congress as being for an emergency re- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 119 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 3 GALLAUDET UNIVERSITY 4 For an additional amount for ‘‘Gallaudet University’’, 5 $7,000,000, to remain available until September 30, 2020, 6 to prevent, prepare for, and respond to coronavirus, in7 cluding to help defray the expenses (which may include 8 lost revenue, reimbursement for expenses already in9 curred, technology costs associated with a transition to 10 distance learning, faculty and staff trainings, and payroll) 11 directly caused by coronavirus and to enable grants to stu12 dents for expenses directly related to coronavirus and the 13 disruption of university operations (which may include 14 food, housing, transportation, technology, health care, and 15 child care): Provided, That such amount is designated by 16 the Congress as being for an emergency requirement pur17 suant to section 251(b)(2)(A)(i) of the Balanced Budget 18 and Emergency Deficit Control Act of 1985. 19 STUDENT AID ADMINISTRATION 20 For an additional amount for ‘‘Student Aid Adminis- 21 tration’’, $75,000,000, to remain available until Sep22 tember 30, 2020, to prevent, prepare for, and respond to 23 coronavirus in carrying out part D of title I, and subparts 24 1, 3, 9 and 10 of part A, and parts B, C, D, and E of 25 title IV of the HEA, and subpart 1 of part A of title VII L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 120 1 of the Public Health Service Act to support essential serv2 ices directly related to coronavirus: Provided, That not 3 later than 30 days after the date of enactment of this Act, 4 the Secretary shall, using outbound communications, pro5 vide all Federal student loan borrowers a notice of their 6 options to lower or delay payments as a result of the 7 coronavirus by enrolling in income-driven repayment, 8 deferment, or forbearance, and including a brief descrip9 tion of such options: Provided further, That such amount 10 is designated by the Congress as being for an emergency 11 requirement pursuant to section 251(b)(2)(A)(i) of the 12 Balanced Budget and Emergency Deficit Control Act of 13 1985. 14 HIGHER EDUCATION 15 For an additional amount for ‘‘Higher Education’’, 16 $9,500,000,000, to remain available until September 30, 17 2020, to prevent, prepare for, and respond to coronavirus, 18 including under parts A and B of title III, part A of title 19 V, subpart 4 of part A of title VII, and part B of title 20 VII of the Higher Education Act, which may be used to 21 defray expenses (including lost revenue, reimbursement 22 for expenses already incurred, technology costs associated 23 with a transition to distance education, faculty and staff 24 trainings, and payroll) incurred by institutions of higher 25 education and for grants to students for any component L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 121 1 of the student’s cost of attendance (as defined under sec2 tion 472 of the Higher Education Act), including food, 3 housing, course materials, technology, health care, and 4 child care as follows: 5 (1) $1,500,000,000 for parts A and B of title 6 III, part A of title V, and subpart 4 of part A of 7 title VII to address needs directly related to 8 coronavirus: Provided, That the Secretary of Edu- 9 cation shall allow institutions to use prior awards 10 under the authorities covered by the preceding pro- 11 viso to prevent, prepare for, and respond to 12 coronavirus; 13 (2) $8,000,000,000 for part B of title VII of 14 the Higher Education Act for institutions of higher 15 education (as defined in section 101 or 102(c) of the 16 Higher Education Act) to address needs directly re- 17 lated to coronavirus: Provided, That such funds shall 18 be available to the Secretary only for payments to 19 help defray the expenses incurred by such institu- 20 tions of higher education that were forced to close 21 campuses or alter delivery of instruction as a result 22 of coronavirus: Provided further, That any non-prof- 23 it, private institution of higher education that is not 24 otherwise eligible for a grant of at least $1,000,000, 25 shall be eligible to receive an amount equal to which- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 122 1 ever is lesser of the total loss of revenue and in- 2 creased costs associated with the coronavirus or 3 $1,000,000: Provided further, That, notwithstanding 4 sections 484 and 741(d)(1) of the Higher Education 5 Act, funds may be used to make payments to such 6 institutions to provide emergency grants to students 7 who attend such institutions for academic years be- 8 ginning on or after July 1, 2019: 9 Provided further, That such payments shall be made in 10 accordance with criteria established by the Secretary and 11 made publicly available without regard to section 437 of 12 the General Education Provisions Act, section 553 of title 13 5, United States Code, or part B of title VII of the HEA: 14 Provided further, That institutions receiving funds under 15 the heading State Fiscal Stabilization Fund (not including 16 amounts provided through state-based financial aid) shall 17 not be eligible for additional funding for part B of title 18 VII under this heading: Provided further, That such pay19 ments shall not be used to increase endowments or provide 20 funding for capital outlays associated with facilities re21 lated to athletics, sectarian instruction, or religious wor22 ship: Provided further, That such amounts is designated 23 by the Congress as being for an emergency requirement 24 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg25 et and Emergency Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 123 1 HOWARD UNIVERSITY 2 For an additional amount for ‘‘Howard University’’, 3 $13,000,000, to remain available until September 30, 4 2020, to prevent, prepare for, and respond to coronavirus, 5 including to help defray the expenses (which may include 6 lost revenue, reimbursement for expenses already in7 curred, technology costs associated with a transition to 8 distance learning, faculty and staff trainings, and payroll) 9 directly caused by coronavirus and to enable grants to stu10 dents for expenses directly related to coronavirus and the 11 disruption of university operations (which may include 12 food, housing, transportation, technology, health care, and 13 child care): Provided, That such amount is designated by 14 the Congress as being for an emergency requirement pur15 suant to section 251(b)(2)(A)(i) of the Balanced Budget 16 and Emergency Deficit Control Act of 1985. 17 DEPARTMENTAL MANAGEMENT 18 PROGRAM ADMINISTRATION 19 For an additional amount for ‘‘Program Administra- 20 tion’’, $10,000,000, to remain available until September 21 30, 2020, to prevent, prepare for, and respond to 22 coronavirus: Provided, That such funds shall only be used 23 to support network bandwidth and capacity for telework 24 for Departmental staff and the cleaning of facilities as a 25 result of coronavirus: Provided further, That such amount L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 124 1 is designated by the Congress as being for an emergency 2 requirement pursuant to section 251(b)(2)(A)(i) of the 3 Balanced Budget and Emergency Deficit Control Act of 4 1985. 5 OFFICE OF THE INSPECTOR GENERAL 6 For an additional amount for the ‘‘Office of Inspector 7 General’’, $11,000,000, to remain available until Sep8 tember 30, 2022, to prevent, prepare for, and respond to 9 coronavirus, including for salaries and expenses necessary 10 for oversight and audit of programs, grants, and projects 11 funded in this Act to respond to coronavirus Provided, 12 That such amount is designated by the Congress as being 13 for an emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 RELATED AGENCIES 17 CORPORATION FOR NATIONAL AND COMMUNITY 18 SERVICE 19 For an additional amount for the ‘‘Corporation for 20 National and Community Service’’, $250,000,000, to re21 main available until September 30, 2020, to prevent, pre22 pare for, and respond to coronavirus: Provided, That such 23 amount is designated by the Congress as being for an 24 emergency requirement pursuant to section L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 125 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 ADMINISTRATIVE PROVISION—CORPORATION 4 NATIONAL 5 AND FOR COMMUNITY SERVICE SEC. 10801. (a)(1) The remaining unobligated bal- 6 ances of funds as of September 30, 2020, from amounts 7 provided to ‘‘Corporation for National and Community 8 Service—Operating Expenses’’ in title IV of Division A 9 of the Further Consolidated Appropriations Act, 2020 10 (Public Law 116–94), are hereby permanently rescinded. 11 (2) In addition to any amounts otherwise provided, 12 there is hereby appropriated on September 30, 2020, for 13 an additional amount for fiscal year 2020, an amount 14 equal to the unobligated balances rescinded pursuant to 15 paragraph (1): Provided, That amounts made available 16 pursuant to this paragraph shall remain available until 17 September 30, 2021, and shall be available for the same 18 purposes and under the same authorities that they were 19 originally made available in Public Law 116–94. 20 (b)(1) The remaining unobligated balances of funds 21 as of September 30, 2020, from amounts provided to 22 ‘‘Corporation for National and Community Service—Sala23 ries and Expenses’’ in title IV of Division A of the Further 24 Consolidated Appropriations Act, 2020 (Public Law 116– 25 94), are hereby permanently rescinded. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 126 1 (2) In addition to any amounts otherwise provided, 2 there is hereby appropriated on September 30, 2020, for 3 an additional amount for fiscal year 2020, an amount 4 equal to the unobligated balances rescinded pursuant to 5 paragraph (1): Provided, That amounts made available 6 pursuant to this paragraph shall remain available until 7 September 30, 2021, and shall be available for the same 8 purposes and under the same authorities that they were 9 originally made available in Public Law 116–94. 10 (c)(1) The remaining unobligated balances of funds 11 as of September 30, 2020, from amounts provided to 12 ‘‘Corporation for National and Community Service—Of13 fice of Inspector General’’ in title IV of Division A of the 14 Further Consolidated Appropriations Act, 2020 (Public 15 Law 116–94), are hereby permanently rescinded. 16 (2) In addition to any amounts otherwise provided, 17 there is hereby appropriated on September 30, 2020, for 18 an additional amount for fiscal year 2020, an amount 19 equal to the unobligated balances rescinded pursuant to 20 paragraph (1): Provided, That amounts made available 21 pursuant to this paragraph shall remain available until 22 September 30, 2021, and shall be available for the same 23 purposes and under the same authorities that they were 24 originally made available in Public Law 116–94. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 127 1 CORPORATION FOR PUBLIC BROADCASTING 2 For an additional amount for ‘‘Corporation for Public 3 Broadcasting’’, $300,000,000, to remain available until 4 September 30, 2020, to prevent, prepare for, and respond 5 to coronavirus, including for fiscal stabilization grants to 6 public telecommunications entities, with no deduction for 7 administrative or other costs of the Corporation, to main8 tain programming and services and preserve small and 9 rural stations threatened by declines in non-Federal reve10 nues, of which $50,000,000 shall be used to support the 11 public television system: Provided , That such amount is 12 designated by the Congress as being for an emergency re13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985. 15 INSTITUTE 16 For an additional amount for ‘‘Institute of Museum OF MUSEUM AND LIBRARY SERVICES 17 and Library Services’’, $500,000,000, to remain available 18 until September 30, 2021, to prevent, prepare for, and re19 spond to coronavirus, including grants to States, muse20 ums, territories and tribes to expand digital network ac21 cess, purchase tablets and other internet-enabled devices, 22 for operational expenses, and provide technical support 23 services: Provided, That any matching funds requirements 24 for States, museums, or tribes are waived: Provided fur25 ther, That such amount is designated by the Congress as L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 128 1 being for an emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 RAILROAD RETIREMENT BOARD 5 LIMITATION ON ADMINISTRATION 6 For an additional amount for ‘‘Limitation on Admin- 7 istration’’, $10,000,000, to remain available until Sep8 tember 30, 2020, to prevent, prepare for, and respond to 9 coronavirus, including the purchase of information tech10 nology equipment to improve the mobility of the work11 force, and to provide for additional hiring or overtime 12 hours as needed to administer the Railroad Unemploy13 ment Insurance Act: Provided, That such amount is des14 ignated by the Congress as being for an emergency re15 quirement pursuant to section 251(b)(2)(A)(i) of the Bal16 anced Budget and Emergency Deficit Control Act of 1985. 17 SOCIAL SECURITY ADMINISTRATION 18 LIMITATION ON ADMINISTRATIVE EXPENSES 19 For an additional amount for ‘‘Limitation on Admin- 20 istrative Expenses’’, $510,000,000, to remain available 21 until September 30, 2021, for necessary expenses to pre22 vent, prepare for, and respond to coronavirus, including 23 paying the salaries and benefits of employees affected as 24 a result of office closures, telework, phone and commu25 nication services for employees, overtime costs, and sup- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 129 1 plies, and for resources necessary for processing disability 2 and retirement workloads and backlogs, of which the 3 amount made available under this heading in this Act, 4 $210,000,000 shall be for the purposes of issuing emer5 gency assistance payments: Provided further, That such 6 amount is designated by the Congress as being for an 7 emergency requirement pursuant to section 8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 9 Deficit Control Act of 1985. 10 GENERAL PROVISIONS—THIS TITLE 11 SEC. 10802. Notwithstanding any other provision of 12 law, funds made available under each heading in this title 13 shall only be used for the purposes specifically described 14 under that heading. 15 SEC. 10803. (a) Funds appropriated in this title may 16 be made available to restore amounts, either directly or 17 through reimbursement, for obligations incurred by agen18 cies of the Department of Health and Human Services to 19 prevent, prepare for, and respond to coronavirus, domesti20 cally or internationally, prior to the date of enactment of 21 this Act. This subsection shall not apply to obligations in22 curred by the Infectious Diseases Rapid Response Reserve 23 Fund. 24 (b) Grants or cooperative agreements with States, lo- 25 calities, territories, tribes, tribal organizations, urban In- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 130 1 dian health organizations, or health service providers to 2 tribes, under this title, to carry out surveillance, epidemi3 ology, laboratory capacity, infection control, mitigation, 4 communications, and other preparedness and response ac5 tivities to prevent, prepare for, and respond to coronavirus 6 shall include amounts to reimburse costs for these pur7 poses incurred between January 20, 2020, and the date 8 of enactment of this Act. 9 SEC. 10804. Funds appropriated by this title may be 10 used by the Secretary of the Health and Human Services 11 to appoint, without regard to the provisions of sections 12 3309 through 3319 of title 5 of the United States Code, 13 candidates needed for positions to perform critical work 14 relating to coronavirus for which— 15 (1) public notice has been given; and 16 (2) the Secretary has determined that such a 17 public health threat exists. 18 SEC. 10805. Funds made available by this title may 19 be used to enter into contracts with individuals for the 20 provision of personal services (as described in section 104 21 of part 37 of title 48, Code of Federal Regulations (48 22 CFR 37.104)) to support the prevention of, preparation 23 for, or response to coronavirus, domestically and inter24 nationally, subject to prior notification to the Committees 25 on Appropriations of the House of Representatives and the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 131 1 Senate: Provided, That such individuals may not be 2 deemed employees of the United States for the purpose 3 of any law administered by the Office of Personnel Man4 agement: Provided further, That the authority made avail5 able pursuant to this section shall expire on September 6 30, 2024. 7 SEC. 10806. Of the funds appropriated by this title 8 under the heading ‘‘Public Health and Social Services 9 Emergency Fund’’, $4,000,000 shall be transferred to, 10 and merged with, funds made available under the heading 11 ‘‘Office of the Secretary, Office of Inspector General’’, and 12 shall remain available until expended, for oversight of ac13 tivities supported with funds appropriated to the Depart14 ment of Health and Human Services in this Act: Provided, 15 That the Inspector General of the Department of Health 16 and Human Services shall consult with the Committees 17 on Appropriations of the House of Representatives and the 18 Senate prior to obligating such funds: Provided further, 19 That the transfer authority provided by this section is in 20 addition to any other transfer authority provided by law. 21 SEC. 10807. Of the funds provided under the heading 22 ‘‘CDC–Wide Activities and Program Support’’, 23 $1,000,000,000, to remain available until expended, shall 24 be available to the Director of the CDC for deposit in the 25 Infectious Diseases Rapid Response Reserve Fund estab- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 132 1 lished by section 231 of division B of Public Law 115– 2 245. 3 SEC. 10808. (a) PREMIUM PAY AUTHORITY.— 4 If services performed by an employee of the Department 5 of Health and Human Services during fiscal year 2020 6 are determined by the head of the agency to be primarily 7 related to preparation, prevention, or response to SARS– 8 CoV–2 or another coronavirus with pandemic potential, 9 any premium pay for such services shall be disregarded 10 in calculating the aggregate of such employee’s basic pay 11 and premium pay for purposes of a limitation under sec12 tion 5547(a) of title 5, United States Code, or under any 13 other provision of law, whether such employee’s pay is 14 paid on a biweekly or calendar year basis. 15 (b) OVERTIME AUTHORITY.—Any overtime pay 16 for such services shall be disregarded in calculating any 17 annual limit on the amount of overtime pay payable in 18 a calendar or fiscal year. 19 (c) APPLICABILITY OF AGGREGATE LIMITA- 20 TION ON PAY.—With regard to such services, any pay 21 that is disregarded under either subsection (a) or (b) shall 22 be disregarded in calculating such employee’s aggregate 23 pay for purposes of the limitation in section 5307 of such 24 title 5. 25 (d) LIMITATION OF PAY AUTHORITY.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 133 1 (1) Pay that is disregarded under subsection 2 (a) or (b) shall not cause the aggregate of the em- 3 ployee’s basic pay and premium pay for the applica- 4 ble calendar year to exceed the rate of basic pay 5 payable for a position at level II of the Executive 6 Schedule under section 5313 of title 5, United 7 States Code, as in effect at the end of such calendar 8 year. 9 (2) For purposes of applying this subsection to 10 an employee who would otherwise be subject to the 11 premium pay limits established under section 5547 12 of title 5, United States Code, ‘‘premium pay’’ 13 means the premium pay paid under the provisions of 14 law cited in section 5547(a). 15 (3) For purposes of applying this subsection to 16 an employee under a premium pay limit established 17 under an authority other than section 5547 of title 18 5, United States Code, the agency responsible for 19 administering such limit shall determine what pay- 20 ments are considered premium pay. 21 (e) EFFECTIVE DATE.—This section shall take ef- 22 fect as if enacted on February 2, 2020. 23 (f) TREATMENT OF ADDITIONAL PAY.—If ap- 24 plication of this section results in the payment of addi25 tional premium pay to a covered employee of a type that L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 134 1 is normally creditable as basic pay for retirement or any 2 other purpose, that additional pay shall not— 3 (1) be considered to be basic pay of the covered 4 employee for any purpose; or 5 (2) be used in computing a lump-sum payment 6 to the covered employee for accumulated and ac- 7 crued annual leave under section 5551 or section 8 5552 of title 5, United States Code. 9 SEC. 10809. (a) Funds appropriated for ‘‘Depart- 10 ment of Health and Human Services—Centers for Disease 11 Control and Prevention—CDC–Wide Activities and Pro12 gram Support’ ’’’ in title III of the Coronavirus Prepared13 ness and Response Supplemental Appropriations Act, 14 2020 (Public Law 116 - 123) shall be paid to ‘‘Depart15 ment of Homeland Security—Countering Weapons of 16 Mass Destruction Office—Federal Assistance’’ for costs 17 incurred under other transaction authority and related to 18 screening for coronavirus, domestically or internationally, 19 including costs incurred prior to the enactment of such 20 Act. 21 (b) The amounts repurposed under subsection (a) 22 that were previously designated by the Congress as an 23 emergency requirement pursuant to section 24 251(b)(2)(A)(i) of the Balanced Budget and Emergency 25 Deficit Control Act of 1985 are designated by the Con- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 135 1 gress as an emergency requirement pursuant to such sec2 tion of such Act. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 136 1 TITLE IX—LEGISLATIVE BRANCH 2 SENATE 3 4 CONTINGENT EXPENSES OF THE SENATE SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE 5 For an additional amount for ‘‘Sergeant at Arms and 6 Doorkeeper of the Senate’’, $1,000,000, to remain avail7 able until expended, to prevent, prepare for, and respond 8 to coronavirus: Provided, That such amount is designated 9 by the Congress as being for an emergency requirement 10 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg11 et and Emergency Deficit Control Act of 1985. 12 MISCELLANEOUS ITEMS 13 For an additional amount for ‘‘Miscellaneous Items’’, 14 $9,000,000, to remain available until expended, to pre15 vent, prepare for, and respond to coronavirus: Provided, 16 That such amount is designated by the Congress as being 17 for an emergency requirement pursuant to section 18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 19 Deficit Control Act of 1985. 20 HOUSE OF REPRESENTATIVES 21 SALARIES 22 AND EXPENSES For an additional amount for ‘‘Salaries and Ex- 23 penses’’, $25,000,000, to remain available until September 24 30, 2021, except that $5,000,000 shall remain available 25 until expended, for necessary expenses of the House of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 137 1 Representatives to prevent, prepare for, and respond to 2 coronavirus, to be allocated in accordance with a spend 3 plan submitted to the Committee on Appropriations of the 4 House of Representatives by the Chief Administrative Of5 ficer and approved by such Committee: Provided, That 6 such amount is designated by the Congress as being for 7 an emergency requirement pursuant to section 8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 9 Deficit Control Act of 1985. 10 JOINT ITEMS 11 OFFICE 12 OF THE ATTENDING PHYSICIAN For an additional amount for ‘‘Office of the Attend- 13 ing Physician’’, $400,000, to remain available until ex14 pended, to prevent, prepare for, and respond to 15 coronavirus: Provided, That such amount is designated by 16 the Congress as being for an emergency requirement pur17 suant to section 251(b)(2)(A)(i) of the Balanced Budget 18 and Emergency Deficit Control Act of 1985. 19 CAPITOL POLICE 20 SALARIES 21 For an additional amount for ‘‘Salaries’’, 22 $12,000,000, to remain available until September 30, 23 2021, to prevent, prepare for, and respond to coronavirus: 24 Provided, That amounts provided in this paragraph may 25 be transferred between Capitol Police ‘‘Salaries’’ and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 138 1 ‘‘General Expenses’’ for the purposes provided herein 2 without the approval requirement of section 1001 of the 3 Legislative Branch Appropriations Act, 2014 (2 U.S.C. 4 1907a): Provided further, That such amount is designated 5 by the Congress as being for an emergency requirement 6 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg7 et and Emergency Deficit Control Act of 1985. 8 ARCHITECT OF THE CAPITOL 9 CAPITAL CONSTRUCTION 10 AND OPERATIONS For an additional amount for ‘‘Capital Construction 11 and Operations’’, $25,000,000, to remain available until 12 September 30, 2021, for necessary expenses of the Archi13 tect of the Capitol to prevent, prepare for, and respond 14 to coronavirus, including the purchase and distribution of 15 cleaning and sanitation products throughout all facilities 16 and grounds under the care of the Architect of the Capitol, 17 wherever located, including any related services and oper18 ational costs: Provided, That such amount is designated 19 by the Congress as being for an emergency requirement 20 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg21 et and Emergency Deficit Control Act of 1985. 22 LIBRARY OF CONGRESS 23 SALARIES 24 AND EXPENSES For an additional amount for ‘‘Salaries and Ex- 25 penses’’, $700,000, to remain available until September L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 139 1 30, 2020, to be made available to the Little Scholars Child 2 Development Center, subject to approval by the Commit3 tees on Appropriations of the Senate and House of Rep4 resentatives, and the Senate Committee on Rules and Ad5 ministration, and the Committee on House Administra6 tion: Provided, That such amount is designated by the 7 Congress as being for an emergency requirement pursuant 8 to section 251(b)(2)(A)(i) of the Balanced Budget and 9 Emergency Deficit Control Act of 1985. 10 GOVERNMENT ACCOUNTABILITY OFFICE 11 SALARIES 12 AND EXPENSES For an additional amount for ‘‘Salaries and Ex- 13 penses’’, $20,000,000, to remain available until expended, 14 for audits and investigations relating to coronavirus: Pro15 vided, That, not later than 90 days after the date of enact16 ment of this Act, the Government Accountability Office 17 shall submit to the Committees on Appropriations of the 18 House of Representatives and the Senate a spend plan 19 specifying funding estimates and a timeline for such au20 dits and investigations: Provided further, That such 21 amount is designated by the Congress as being for an 22 emergency requirement pursuant to section 23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 24 Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 140 1 GENERAL PROVISIONS—THIS TITLE 2 SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES 3 AND EXPENSES OF SENATE EMPLOYEE CHILD CARE 4 CENTER 5 SEC. 10901. The Secretary of the Senate shall reim- 6 burse the Senate Employee Child Care Center for per7 sonnel costs incurred starting on April 1, 2020, for em8 ployees of such Center who have been ordered to cease 9 working due to measures taken in the Capitol complex to 10 combat coronavirus, not to exceed $84,000 per month, 11 from amounts in the appropriations account ‘‘MIS12 CELLANEOUS ITEMS’’ within the contingent fund of 13 the Senate. 14 SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES 15 AND EXPENSES OF LITTLE SCHOLARS CHILD DEVEL- 16 OPMENT CENTER 17 SEC. 10902. The Library of Congress shall reimburse 18 Little Scholars Child Development Center for salaries for 19 employees incurred from April 1, 2020, to September 30, 20 2020, for employees of such Center who have been ordered 21 to cease working due to measures taken in the Capitol 22 complex to combat coronavirus, not to exceed $113,000 23 per month, from amounts in the appropriations account 24 ‘‘Library of Congress—Salaries and Expenses’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 141 1 SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES 2 AND EXPENSES OF HOUSE OF REPRESENTATIVES 3 CHILD CARE CENTER 4 SEC. 10903. (a) AUTHORIZING USE 5 FUND OR OF REVOLVING APPROPRIATED FUNDS.—Section 312(d)(3)(A) 6 of the Legislative Branch Appropriations Act, 1992 (2 7 U.S.C. 2062(d)(3)(A)) is amended— 8 (1) in subparagraph (A), by striking the period 9 at the end and inserting the following: ‘‘, and, at the 10 option of the Chief Administrative Officer during an 11 emergency situation, the payment of the salary of 12 other employees of the Center.’’; and 13 (2) by adding at the end the following new sub- 14 paragraph: 15 ‘‘(C) During an emergency situation, the pay- 16 ment of such other expenses for activities carried out 17 under this section as the Chief Administrative Offi- 18 cer determines appropriate.’’. 19 (b) EFFECTIVE DATE.—The amendment made by 20 subsection (a) shall apply with respect to fiscal year 2020 21 and each succeeding fiscal year. 22 PAYMENTS TO ENSURE CONTINUING AVAILABILITY OF 23 GOODS AND SERVICES DURING THE CORONAVIRUS 24 EMERGENCY 25 SEC. 10904. (a) AUTHORIZATION 26 MENTS.—Notwithstanding TO MAKE PAY- any other provision of law and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 142 1 subject to subsection (b), during an emergency situation, 2 the Chief Administrative Officer of the House of Rep3 resentatives may make payments under contracts with 4 vendors providing goods and services to the House in 5 amounts and under terms and conditions other than those 6 provided under the contract in order to ensure that those 7 goods and services remain available to the House through8 out the duration of the emergency. 9 (b) CONDITIONS.— 10 (1) APPROVAL REQUIRED.—The Chief Adminis- 11 trative Officer may not make payments under the 12 authority of subsection (a) without the approval of 13 the Committee on House Administration of the 14 House of Representatives. 15 (2) AVAILABILITY OF APPROPRIATIONS.—The 16 authority of the Chief Administrative Officer to 17 make payments under the authority of subsection 18 (a) is subject to the availability of appropriations to 19 make such payments. 20 (c) APPLICABILITY.—This section shall apply with re- 21 spect to fiscal year 2020 and each succeeding fiscal year. 22 AUTHORIZING PAYMENTS UNDER SERVICE CONTRACTS 23 DURING THE CORONAVIRUS EMERGENCY 24 SEC. 10905. (a) AUTHORIZING PAYMENTS.—Not- 25 withstanding section 3324(a) of title 31, United States 26 Code, or any other provision of law and subject to subL:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 143 1 section (b), if the employees of a contractor with a service 2 contract with the Architect of the Capitol are furloughed 3 or otherwise unable to work during closures, stop work 4 orders, or reductions in service arising from or related to 5 the impacts of coronavirus, the Architect of the Capitol 6 may continue to make the payments provided for under 7 the contract for the weekly salaries and benefits of such 8 employees for not more than 16 weeks. 9 (b) AVAILABILITY OF APPROPRIATIONS.—The au- 10 thority of the Architect of the Capitol to make payments 11 under the authority of subsection (a) is subject to the 12 availability of appropriations to make such payments. 13 (c) REGULATIONS.—The Architect of the Capitol 14 shall promulgate such regulations as may be necessary to 15 carry out this section. 16 MASS MAILINGS AS FRANKED MAIL 17 18 SEC. 10906. (a) WAIVER SPOND TO THREATS TO OF RESTRICTIONS TO RE- LIFE SAFETY.—(1) Section 19 3210(a)(6)(D) of title 39, United States Code, is amended 20 by striking the period at the end of the first sentence and 21 inserting the following: ‘‘, and in the case of the Commis22 sion, to waive this paragraph in the case of mailings sent 23 in response to or to address threats to life safety.’’. 24 (2) EFFECTIVE DATE.—The amendments made by 25 this subsection shall apply with respect to mailings sent 26 on or after the date of the enactment of this Act. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 144 1 TECHNICAL CORRECTION 2 SEC. 10907. In the matter preceding the first proviso 3 under the heading ‘‘Library of Congress—Salaries and 4 Expenses’’ in division E of the Further Consolidated Ap5 propriations Act, 2020 (Public Law 116–94), strike 6 ‘‘$504,164,000’’ and insert ‘‘$510,164,000’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 145 1 TITLE X 2 MILITARY CONSTRUCTION, VETERANS AFFAIRS, 3 AND RELATED AGENCIES 4 DEPARTMENT OF VETERANS AFFAIRS 5 VETERANS BENEFITS ADMINISTRATION 6 GENERAL OPERATING EXPENSES, VETERANS BENEFITS 7 ADMINISTRATION 8 For an additional amount for ‘‘General Operating 9 Expenses, Veterans Benefits Administration’’, 10 $13,000,000, to remain available until September 30, 11 2021, to prevent, prepare for, and respond to coronavirus: 12 Provided, That such amount is designated by the Congress 13 as being for an emergency requirement pursuant to sec14 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer15 gency Deficit Control Act of 1985. 16 VETERANS HEALTH ADMINISTRATION 17 MEDICAL SERVICES 18 For an additional amount for ‘‘Medical Services’’, 19 $14,432,000,000, to remain available until September 30, 20 2021, to prevent, prepare for, and respond to coronavirus, 21 including related impacts on health care delivery: Pro22 vided, That such amount is designated by the Congress 23 as being for an emergency requirement pursuant to sec24 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer25 gency Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 146 1 MEDICAL COMMUNITY CARE 2 For an additional amount for ‘‘Medical Community 3 Care’’, $2,100,000,000, to remain available until Sep4 tember 30, 2021, to prevent, prepare for, and respond to 5 coronavirus, including related impacts on health care de6 livery: Provided, That such amount is designated by the 7 Congress as being for an emergency requirement pursuant 8 to section 251(b)(2)(A)(i) of the Balanced Budget and 9 Emergency Deficit Control Act of 1985. 10 MEDICAL SUPPORT AND COMPLIANCE 11 For an additional amount for ‘‘Medical Support and 12 Compliance’’, $100,000,000, to remain available until 13 September 30, 2021, to prevent, prepare for, and respond 14 to coronavirus, including related impacts on health care 15 delivery: Provided, That such amount is designated by the 16 Congress as being for an emergency requirement pursuant 17 to section 251(b)(2)(A)(i) of the Balanced Budget and 18 Emergency Deficit Control Act of 1985. 19 MEDICAL FACILITIES 20 For an additional amount for ‘‘Medical Facilities’’, 21 $605,613,000, to remain available until September 30, 22 2021, to prevent, prepare for, and respond to coronavirus, 23 including related impacts on health care delivery: Pro24 vided, That such amount is designated by the Congress 25 as being for an emergency requirement pursuant to sec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 147 1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 3 DEPARTMENTAL ADMINISTRATION 4 GENERAL ADMINISTRATION 5 For an additional amount for ‘‘General Administra- 6 tion’’, $6,000,000, to remain available until September 30, 7 2021, to prevent, prepare for, and respond to coronavirus: 8 Provided, That such amount is designated by the Congress 9 as being for an emergency requirement pursuant to sec10 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer11 gency Deficit Control Act of 1985. 12 INFORMATION TECHNOLOGY SYSTEMS 13 For an additional amount for ‘‘Information Tech- 14 nology Systems’’, $3,000,000,000, to remain available 15 until September 30, 2021, to prevent, prepare for, and re16 spond to coronavirus, including related impacts on health 17 care delivery: Provided, That such amount is designated 18 by the Congress as being for an emergency requirement 19 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg20 et and Emergency Deficit Control Act of 1985. 21 OFFICE OF INSPECTOR GENERAL 22 For an additional amount for ‘‘Office of Inspector 23 General’’, $14,300,000, to remain available until Sep24 tember 30, 2022, for oversight of activities funded by this 25 title and administered by the Department of Veterans Af- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 148 1 fairs: Provided, That such amount is designated by the 2 Congress as being for an emergency requirement pursuant 3 to section 251(b)(2)(A)(i) of the Balanced Budget and 4 Emergency Deficit Control Act of 1985. 5 ARMED FORCES RETIREMENT HOME 6 TRUST FUND 7 For an additional amount for ‘‘Armed Forces Retire- 8 ment Home Trust Fund’’, $2,800,000, to remain available 9 until September 30, 2021, to prevent, prepare for, and re10 spond to coronavirus, to be paid from funds available in 11 the Armed Forces Retirement Home Trust Fund: Pro12 vided, That of the amounts made available under this 13 heading from funds available in the Armed Forces Retire14 ment Home Trust Fund, $2,800,000 shall be paid from 15 the general fund of the Treasury to the Trust Fund: Pro16 vided further, That the Chief Executive Officer of the 17 Armed Forces Retirement Home shall submit to the Com18 mittees on Appropriations of the House of Representatives 19 and the Senate monthly reports detailing obligations, ex20 penditures, and planned activities: Provided further, That 21 such amount is designated by the Congress as being for 22 an emergency requirement pursuant to section 23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 24 Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 149 1 TITLE XI—DEPARTMENT OF STATE, FOREIGN 2 OPERATIONS, AND RELATED PROGRAMS 3 DEPARTMENT OF STATE 4 ADMINISTRATION 5 OF FOREIGN AFFAIRS DIPLOMATIC PROGRAMS 6 For an additional amount for ‘‘Diplomatic Pro- 7 grams’’, $315,000,000, to remain available until Sep8 tember 30, 2022, for necessary expenses to prevent, pre9 pare for, and respond to coronavirus, including for evacu10 ation expenses, emergency preparedness, and maintaining 11 consular operations: Provided, That such amount is des12 ignated by the Congress as being for an emergency re13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985. 15 UNITED STATES AGENCY FOR INTERNATIONAL 16 DEVELOPMENT 17 FUNDS APPROPRIATED 18 TO THE PRESIDENT OPERATING EXPENSES 19 For an additional amount for ‘‘Operating Expenses’’, 20 $95,000,000, to remain available until September 30, 21 2022, for necessary expenses to prevent, prepare for, and 22 respond to coronavirus: Provided, That such amount is 23 designated by the Congress as being for an emergency re24 quirement pursuant to section 251(b)(2)(A)(i) of the Bal25 anced Budget and Emergency Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 150 1 BILATERAL ECONOMIC ASSISTANCE 2 FUNDS APPROPRIATED 3 TO THE PRESIDENT INTERNATIONAL DISASTER ASSISTANCE 4 For an additional amount for ‘‘International Disaster 5 Assistance’’, $300,000,000, to remain available until ex6 pended, for necessary expenses to prevent, prepare for, 7 and respond to coronavirus: Provided, That such amount 8 is designated by the Congress as being for an emergency 9 requirement pursuant to section 251(b)(2)(A)(i) of the 10 Balanced Budget and Emergency Deficit Control Act of 11 1985. 12 DEPARTMENT 13 OF STATE MIGRATION AND REFUGEE ASSISTANCE 14 For an additional amount for ‘‘Migration and Ref- 15 ugee Assistance’’, $300,000,000, to remain available until 16 expended, for necessary expenses to prevent, prepare for, 17 and respond to coronavirus: Provided, That such amount 18 is designated by the Congress as being for an emergency 19 requirement pursuant to section 251(b)(2)(A)(i) of the 20 Balanced Budget and Emergency Deficit Control Act of 21 1985. 22 INDEPENDENT AGENCIES 23 PEACE CORPS 24 For an additional amount for ‘‘Peace Corps’’, 25 $90,000,000, to remain available until September 30, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 151 1 2022, for necessary expenses to prevent, prepare for, and 2 respond to coronavirus: Provided, That such amount is 3 designated by the Congress as being for an emergency re4 quirement pursuant to section 251(b)(2)(A)(i) of the Bal5 anced Budget and Emergency Deficit Control Act of 1985. 6 GENERAL PROVISIONS — THIS TITLE 7 (INCLUDING TRANSFER OF FUNDS) 8 SEC. 11101. The authorities and limitations of sec- 9 tion 402 of the Coronavirus Preparedness and Response 10 Supplemental Appropriations Act (division A of Public 11 Law 116–123) shall apply to funds appropriated by this 12 title as follows: 13 (1) subsections (a), (d), (e) and (f) shall apply 14 to funds under the heading ‘‘Diplomatic Programs’’; 15 and 16 (2) subsections (c), (d), (e), and (f) shall apply 17 to funds under the heading ‘‘International Disaster 18 Assistance’’. 19 SEC. 11102. Funds appropriated by this title under 20 the headings ‘‘Diplomatic Programs’’, ‘‘Operating Ex21 penses’’, and ‘‘Peace Corps’’ may be used to reimburse 22 such accounts administered by the Department of State, 23 the United States Agency for International Development, 24 and the Peace Corps for obligations incurred to prevent, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 152 1 prepare for, and respond to coronavirus prior to the date 2 of enactment of this Act. 3 SEC. 11103. Section 7064(a) of the Department of 4 State, Foreign Operations, and Related Programs Appro5 priations Act, 2020 (division G of Public Law 116–94), 6 is amended by striking ‘‘$100,000,000’’ and inserting in 7 lieu thereof ‘‘$110,000,000’’ , and by adding before the 8 period at the end the following ‘‘: Provided, That no 9 amounts may be used that were designated by the Con10 gress for Overseas Contingency Operations/Global War on 11 Terrorism pursuant to the Concurrent Resolution on the 12 Budget or the Balanced Budget and Emergency Deficit 13 Control Act of 1985’’. 14 SEC. 11104. The reporting requirements of section 15 406(b) of the Coronavirus Preparedness and Response 16 Supplemental Appropriations Act, 2020 (division A of 17 Public Law 116–123) shall apply to funds appropriated 18 by this title: Provided, That the requirement to jointly 19 submit such reports shall not apply to the Director of the 20 Peace Corps: Provided further, That reports required by 21 such section may be consolidated and shall include infor22 mation on all funds made available to such executive agen23 cy to prevent, prepare for, and respond to coronavirus. 24 SEC. 11105. Notwithstanding any other provision of 25 law, and in addition to leave authorized under any other L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 153 1 provision of law, the Secretary of State, the Administrator 2 of the United States Agency for International Develop3 ment, or the head of another Federal agency with employ4 ees under Chief of Mission Authority, may, in order to 5 prevent, prepare for, and respond to coronavirus, provide 6 additional paid leave to address employee hardships result7 ing from coronavirus: Provided, That this authority shall 8 apply to leave taken since January 29, 2020, and may 9 be provided abroad and domestically: Provided further, 10 That the head of such agency shall consult with the Com11 mittee on Appropriations and the Committee on Foreign 12 Affairs of the House of Representatives and the Com13 mittee on Appropriations and the Committee on Foreign 14 Relations of the Senate prior to the initial implementation 15 of such authority: Provided further, That the authority 16 made available pursuant to this section shall expire on 17 September 30, 2022. 18 SEC. 11106. The Secretary of State, to prevent, pre- 19 pare for, and respond to coronavirus, may exercise the au20 thorities of section 3(j) of the State Department Basic Au21 thorities Act of 1956 (22 U.S.C. 2670(j)) to provide med22 ical services or related support for private United States 23 citizens, nationals, and permanent resident aliens abroad, 24 or third country nationals connected to United States per25 sons or the diplomatic or development missions of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 154 1 United States abroad who are unable to obtain such serv2 ices or support otherwise: Provided, That such assistance 3 shall be provided on a reimbursable basis to the extent 4 feasible: Provided further, That such reimbursements may 5 be credited to the applicable Department of State appro6 priation, to remain available until expended: Provided fur7 ther, That the Secretary shall prioritize providing medical 8 services or related support to individuals eligible for the 9 health program under section 904 of the Foreign Service 10 Act of 1980 (22 U.S.C. 4084): Provided further, That the 11 authority made available pursuant to this section shall ex12 pire on September 30, 2022. 13 SEC. 11107. Notwithstanding section 6(b) of the De- 14 partment of State Authorities Act of 2006 (Public Law 15 109–472), during fiscal years 2020 and 2021, passport 16 and immigrant visa surcharges collected in any fiscal year 17 pursuant to the fourth paragraph under the heading ‘‘Dip18 lomatic and Consular Programs’’ in title IV of the Consoli19 dated Appropriations Act, 2005 (division B of Public Law 20 108–447 (8 U.S.C. 1714)) may be obligated and expended 21 on the costs of providing consular services: Provided, That 22 such funds should be prioritized for American citizen serv23 ices. 24 SEC. 11108. The Secretary of State is authorized to 25 enter into contracts with individuals for the provision of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 155 1 personal services (as described in section 104 of part 37 2 of title 48, Code of Federal Regulations and including pur3 suant to section 904 of the Foreign Service Act of 1980 4 (22 U.S.C. 4084)) to prevent, prepare for, and respond 5 to coronavirus, within the United States, subject to prior 6 consultation with, and the regular notification procedures 7 of, the Committee on Appropriations and the Committee 8 on Foreign Affairs of the House of Representatives and 9 the Committee on Appropriations and the Committee on 10 Foreign Relations of the Senate: Provided, That such indi11 viduals may not be deemed employees of the United States 12 for the purpose of any law administered by the Office of 13 Personnel Management: Provided further, That not later 14 than 15 days after utilizing this authority, the Secretary 15 of State shall provide a report to such committees on the 16 overall staffing needs for the Office of Medical Services: 17 Provided further, That the authority made available pursu18 ant to this section shall expire on September 30, 2022. 19 SEC. 11109. The matter under the heading ‘‘Emer- 20 gencies in the Diplomatic and Consular Service’’ in title 21 I of the Department of State, Foreign Operations, and 22 Related Programs Appropriations Act, 2020 (division G 23 of Public Law 116–94) is amended by striking 24 ‘‘$1,000,000’’ and inserting in lieu thereof ‘‘$5,000,000’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 156 1 SEC. 11110. The first proviso under the heading 2 ‘‘Millennium Challenge Corporation’’ in title III of the De3 partment of State, Foreign Operations, and Related Pro4 grams Appropriations Act, 2020 (division G of Public Law 5 116–94) is amended by striking ‘‘$105,000,000’’ and in6 serting in lieu thereof ‘‘$107,000,000’’. 7 SEC. 11111. Notwithstanding any other provision of 8 law, any oath of office required by law may, in particular 9 circumstances that could otherwise pose health risks, be 10 administered remotely, subject to appropriate verification: 11 Provided, That prior to exercising the authority of this 12 section, the Secretary of State shall submit a report to 13 the Committee on Appropriations and the Committee on 14 Foreign Relations of the Senate and the Committee on 15 Appropriations and the Committee on Foreign Affairs of 16 the House of Representatives describing the process and 17 procedures for administering such oaths, including appro18 priate verification: Provided further, That the authority 19 made available pursuant to this section shall expire on 20 September 30, 2021. 21 SEC. 11112. (a) PURPOSES.—For purposes of 22 strengthening the ability of foreign countries to prevent, 23 prepare for, and respond to coronavirus and to the adverse 24 economic impacts of coronavirus, in a manner that would 25 protect the United States from the spread of coronavirus L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 157 1 and mitigate an international economic crisis resulting 2 from coronavirus that may pose a significant risk to the 3 economy of the United States, each paragraph of sub4 section (b) shall take effect upon enactment of this Act. 5 (b) CORONAVIRUS RESPONSES.— 6 (1) INTERNATIONAL 7 TION REPLENISHMENT.—The 8 ment Association Act (22 U.S.C. 284 et seq.) is 9 amended by adding at the end the following new sec- 10 11 DEVELOPMENT ASSOCIA- International Develop- tion: ‘‘SEC. 31 NINETEENTH REPLENISHMENT. 12 ‘‘(a) IN GENERAL.—The United States Governor of 13 the International Development Association is authorized 14 to contribute on behalf of the United States 15 $3,004,200,000 to the nineteenth replenishment of the re16 sources of the Association, subject to obtaining the nec17 essary appropriations. 18 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—In 19 order to pay for the United States contribution provided 20 for in subsection (a), there are authorized to be appro21 priated, without fiscal year limitation, $3,004,200,000 for 22 payment by the Secretary of the Treasury.’’. 23 (2) INTERNATIONAL 24 AUTHORIZATION.—The FINANCE CORPORATION International Finance Cor- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 158 1 poration Act (22 U.S.C. 282 et seq.) is amended by 2 adding at the end the following new section: 3 ‘‘SEC. 18 CAPITAL INCREASES AND AMENDMENT TO THE 4 ARTICLES OF AGREEMENT. 5 ‘‘(a) VOTES AUTHORIZED.—The United States Gov- 6 ernor of the Corporation is authorized to vote in favor of— 7 ‘‘(1) a resolution to increase the authorized cap- 8 ital stock of the Corporation by 16,999,998 shares, 9 to implement the conversion of a portion of the re- 10 tained earnings of the Corporation into paid-in cap- 11 ital, which will result in the United States being 12 issued an additional 3,771,899 shares of capital 13 stock, without any cash contribution; 14 ‘‘(2) a resolution to increase the authorized cap- 15 ital stock of the Corporation on a general basis by 16 4,579,995 shares; and 17 ‘‘(3) a resolution to increase the authorized cap- 18 ital stock of the Corporation on a selective basis by 19 919,998 shares. 20 ‘‘(b) AMENDMENT OF THE ARTICLES .—The United 21 States Governor of the Corporation is authorized to agree 22 to and accept an amendment to article II, section 2(c)(ii) 23 of the Articles of Agreement of the Corporation that would 24 increase the vote by which the Board of Governors of the 25 Corporation may increase the capital stock of the Corpora- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 159 1 tion from a four-fifths majority to an eighty-five percent 2 majority.’’. 3 (3) AFRICAN DEVELOPMENT BANK.—The Afri- 4 can Development Bank Act (22 U.S.C. 290i et seq.) 5 is amended by adding at the end the following new 6 section: 7 ‘‘SEC. 1345 SEVENTH CAPITAL INCREASE. 8 ‘‘(a) SUBSCRIPTION AUTHORIZED.— 9 ‘‘(1) IN GENERAL.—The United States Gov- 10 ernor of the Bank may subscribe on behalf of the 11 United States to 532,023 additional shares of the 12 capital stock of the Bank. 13 ‘‘(2) LIMITATION.—Any subscription by the 14 United States to the capital stock of the Bank shall 15 be effective only to such extent and in such amounts 16 as are provided in advance in appropriations Acts. 17 ‘‘(b) AUTHORIZATIONS OF APPROPRIATIONS.— 18 ‘‘(1) IN GENERAL.—In order to pay for the in- 19 crease in the United States subscription to the Bank 20 under subsection (a), there are authorized to be ap- 21 propriated, 22 $7,286,587,008 for payment by the Secretary of the 23 Treasury. 24 without ‘‘(2) SHARE 25 fiscal TYPES.—Of year limitation, the amount authorized to be appropriated under paragraph (1)— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 160 1 ‘‘(A) $437,190,016 shall be for paid in 2 shares of the Bank; and 3 ‘‘(B) $6,849,396,992 shall be for callable 4 shares of the Bank.’’. 5 (4) AFRICAN DEVELOPMENT FUND.—The Afri- 6 can Development Fund Act (22 U.S.C. 290g et seq.) 7 is amended by adding at the end the following new 8 section: 9 ‘‘SEC. 226 FIFTEENTH REPLENISHMENT. 10 ‘‘(a) IN GENERAL.—The United States Governor of 11 the Fund is authorized to contribute on behalf of the 12 United States $513,900,000 to the fifteenth replenish13 ment of the resources of the Fund, subject to obtaining 14 the necessary appropriations. 15 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—In 16 order to pay for the United States contribution provided 17 for in subsection (a), there are authorized to be appro18 priated, without fiscal year limitation, $513,900,000 for 19 payment by the Secretary of the Treasury.’’. 20 (5) INTERNATIONAL 21 MONETARY FUND AUTHOR- IZATION FOR NEW ARRANGEMENTS TO BORROW.— 22 (A) IN GENERAL.—Section 17 of the 23 Bretton Woods Agreements Act (22 U.S.C. 24 286e–2) is amended— 25 (i) in subsection (a)— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 161 1 (I) by redesignating paragraphs 2 (3), (4), and (5) as paragraphs (4), 3 (5), and (6), respectively; 4 (II) by inserting after paragraph 5 (2) the following new paragraph: 6 ‘‘(3) In order to carry out the purposes of a 7 one-time decision of the Executive Directors of the 8 International Monetary Fund (the Fund) to expand 9 the resources of the New Arrangements to Borrow, 10 established pursuant to the decision of January 27, 11 1997, referred to in paragraph (1), the Secretary of 12 the Treasury is authorized to make loans, in an 13 amount not to exceed the dollar equivalent of 14 28,202,470,000 of Special Drawing Rights, in addi- 15 tion to any amounts previously authorized under this 16 section, except that prior to activation of the New 17 Arrangements to Borrow, the Secretary of the 18 Treasury shall report to Congress whether supple- 19 mentary resources are needed to forestall or cope 20 with an impairment of the international monetary 21 system and whether the Fund has fully explored 22 other means of funding to the Fund.’’; and 23 (III) in paragraph (5), as so re- 24 designated, by striking ‘‘paragraph 25 (3)’’ and inserting ‘‘paragraph (4)’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 162 1 (ii) in paragraph (6), as so redesig- 2 nated, by striking ‘‘December 16, 2022’’ 3 and inserting ‘‘December 31, 2025’’; and 4 (iii) in subsection (e)(1) by striking 5 ‘‘(a)(2),’’ each place such term appears 6 and inserting ‘‘(a)(2), (a)(3)’’. 7 (c) The amounts provided by the amendments made 8 by this section are designated by the Congress as being 9 for an emergency requirement pursuant to section 10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985. 12 TECHNICAL CORRECTIONS 13 14 SEC. 11113. (a) ENVIRONMENT COOPERATION COMMISSIONS; NORTH AMERICAN DEVELOPMENT BANK.— 15 Section 601 of the United States-Mexico-Canada Agree16 ment Implementation Act (Public Law 116–113; 134 17 Stat. 78) is amended by inserting ‘‘, other than sections 18 532 and 533 of such Act and part 2 of subtitle D of title 19 V of such Act (as amended by section 831 of this Act),’’ 20 before ‘‘is repealed’’. 21 (b) PROTECTIVE ORDERS.—Section 422 of the 22 United States-Mexico-Canada Agreement Implementation 23 Act (134 Stat. 64) is amended in subsection (a)(2)(A) by 24 striking ‘‘all that follows through ‘, the administering au25 thority’ ’’ and inserting ‘‘all that follows through ‘Agree26 ment, the administering authority’ ’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 163 1 (c) DISPUTE SETTLEMENT.—Subsection (j) of sec- 2 tion 504 of the United States-Mexico-Canada Agreement 3 Implementation Act (134 Stat. 76) is amended in the item 4 proposed to be inserted into the table of contents of such 5 Act relating to section 414 by striking ‘‘determination’’ 6 and inserting ‘‘determinations’’. 7 (d) EFFETIVE DATE.—Each amendment made by 8 this section shall take effect as if included in the enact9 ment of the United States-Mexico-Canada Agreement Im10 plementation Act. 11 12 (e) NORTH AMERICAN DEVELOPMENT BANK: LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS.—The 13 Secretary of the Treasury may subscribe without fiscal 14 year limitation to the callable capital portion of the United 15 States share of capital stock of the North American Devel16 opment Bank in an amount not to exceed $1,020,000,000. 17 The authority in the preceding sentence shall be in addi18 tion to any other authority provided by previous Acts. 19 (f) The amounts provided by the amendments made 20 by this section are designated by the Congress as being 21 for an emergency requirement pursuant to section 22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 23 Deficit Control Act of 1985. 24 SEC. 11114. Notwithstanding any other provision of 25 law, funds made available under each heading in this title L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 164 1 shall only be used for the purposes specifically described 2 under that heading. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 165 1 TITLE XII 2 TRANSPORTATION, HOUSING AND URBAN 3 DEVELOPMENT, AND RELATED AGENCIES 4 DEPARTMENT OF TRANSPORTATION 5 OFFICE 6 OF THE SECRETARY SALARIES AND EXPENSES 7 For an additional amount for ‘‘Salaries and Ex- 8 penses’’, $1,753,000, to remain available until September 9 30, 2020, to prevent, prepare for, and respond to 10 coronavirus, including necessary expenses for operating 11 costs and capital outlays: Provided, That such amounts 12 are in addition to any other amounts made available for 13 this purpose: Provided further, That obligations of 14 amounts under this heading in this Act shall not be sub15 ject to the limitation on obligations under the heading 16 ‘‘Office of the Secretary—Working Capital Fund’’ in divi17 sion H of the Further Consolidated Appropriations Act, 18 2020 (Public Law 116–94): Provided further, That such 19 amount is designated by the Congress as being for an 20 emergency requirement pursuant to section 21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985. 23 PAYMENT TO AIR CARRIERS 24 In addition to funds made available to the ‘‘Payment 25 to Air Carriers’’ program in Public Law 116–94 to carry L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 166 1 out the essential air service program under sections 41731 2 through 41742 of title 49, United States Code, 3 $100,000,000, to be derived from the general fund and 4 made available to the Essential Air Service and Rural Im5 provement Fund, to remain available until expended: Pro6 vided, That in determining between or among carriers 7 competing to provide service to a community, the Sec8 retary may consider the relative subsidy requirements of 9 the carriers: Provided further, That basic essential air 10 service minimum requirements shall not include the 1511 passenger capacity requirement under section 41732(b)(3) 12 of such title: Provided further, That none of the funds in 13 this Act or any other Act shall be used to enter into a 14 new contract with a community located less than 40 miles 15 from the nearest small hub airport before the Secretary 16 has negotiated with the community over a local cost share: 17 Provided further, That amounts authorized to be distrib18 uted for the essential air service program under section 19 41742(b) of title 49, United States Code, shall be made 20 available from amounts otherwise provided to the Admin21 istrator of the Federal Aviation Administration: Provided 22 further, That the Administrator may reimburse such 23 amounts from fees credited to the account established 24 under section 45303 of such title: Provided further, That 25 such amount is designated by the Congress as being for L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 167 1 an emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 OFFICE OF AIRLINE INDUSTRY FINANCIAL OVERSIGHT 5 For the necessary expenses of the Office of Airline 6 Industry Financial Oversight, as authorized in øsection 7 [301] of title [III of division R]¿ of teh Take Responsi8 bility for Workers and Families Act, $3,000,000: Pro9 vided, That such amount is designated by the Congress 10 as being for an emergency requirement pursuant to sec11 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer12 gency Deficit Control Act of 1985. 13 AIRLINE ASSISTANCE TO RECYCLE AND SAVE PROGRAM 14 For the necessary expenses of the Airline Assistance 15 to Recycle and Save Program, as authorized in øsection 16 702 of title VII of division R¿ of the Take Responsibility 17 for Workers and Families Act, $1,000,000,000 to remain 18 available until expended: Provided, That such amount is 19 designated by the Congress as being for an emergency re20 quirement pursuant to section 251(b)(2)(A)(i) of the Bal21 anced Budget and Emergency Deficit Control Act of 1985. 22 PANDEMIC RELIEF FOR AVIATION WORKERS 23 For necessary expenses for providing pandemic relief 24 for aviation workers, $40,000,000,000, to remain available 25 until September 30, 2021 of which $37,000,000,000 shall L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 168 1 be for the purposes authorized in øsection [101(a)(1)(A)] 2 of title [I] of division R¿ of the Take Responsibility for 3 Workers and Families Act, and $3,000,000,000, shall be 4 for the purposes authorized in øsection [101(a)(1)(B)] of 5 title [I] of division R¿ of the Take Responsibility for 6 Workers and Families Act: Provided, That such amount 7 is designated by the Congress as being for an emergency 8 requirement pursuant to section 251(b)(2)(A)(i) of the 9 Balanced Budget and Emergency Deficit Control Act of 10 1985. 11 In addition, for the cost of making direct loans and 12 loan guarantees in accordance with the terms and condi13 tions in øsections [101–103 and 105] of title [I] of divi14 sion R¿ of the Take Responsibility for Workers and Fami15 lies Act, such sums as may be necessary to remain avail16 able until September 30, 2021: Provided, That such costs, 17 including the cost of modifying such loans, shall be defined 18 by section 502 of the Congressional Budget Act of 1974: 19 Provided further, That subject to section 502 of the Con20 gressional Budget Act of 1974, during fiscal years 2020 21 and 2021, the aggregate sum of the principle for direct 22 loans and guaranteed loans shall not exceed 23 $21,000,000,000: Provided further, That such amount is 24 designated by the Congress as being for an emergency re- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 169 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 3 FEDERAL AVIATION ADMINISTRATION 4 OPERATIONS 5 (AIRPORT AND AIRWAY TRUST FUND) 6 Of the amounts made available from the Airport and 7 Airway Trust Fund for ‘‘Federal Aviation Administra8 tion—Operations’’ in title XI of subdivision 1 of division 9 B of the Bipartisan Budget Act of 2018 (Public Law 115– 10 123), not more than $25,000,000 may be used to prevent, 11 prepare for, and respond to coronavirus: Provided, That 12 amounts repurposed under this heading in this Act that 13 were previously designated by the Congress as an emer14 gency requirement pursuant to the Balanced Budget and 15 Emergency Deficit Control Act of 1985 are designated by 16 the Congress as an emergency requirement pursuant to 17 section 251(b)(2)(A)(i) of the Balanced Budget and 18 Emergency Deficit Control Act of 1985. 19 GRANTS-IN-AID FOR AIRPORTS 20 For an additional amount for ‘‘Grants-In-Aid for Air- 21 ports’’, to enable the Secretary of Transportation to make 22 grants in accordance with the terms and conditions in sec23 tion 401 of title IV division R of the Take Responsibility 24 for Workers and Families Act, $10,000,000,000, to re25 main available until expended: Provided, That amounts L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 170 1 made available under this heading in this Act shall be de2 rived from the general fund: Provided further, That such 3 amount is designated by the Congress as being for an 4 emergency requirement pursuant to section 5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 6 Deficit Control Act of 1985. 7 RESEARCH, ENGINEERING, AND DEVELOPMENT 8 For an additional amount for ‘‘Research, Engineer- 9 ing, and Development’’, as authorized in øsection 705 of 10 title VII of division R¿ of the Take Responsibility for 11 Workers and Families Act, $100,000,000, to remain avail12 able until expended: Provided, That such amount is des13 ignated by the Congress as being for an emergency re14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985. 16 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 17 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS 18 Of prior year unobligated contract authority and liq- 19 uidating cash provided for Motor Carrier Safety in the 20 Transportation Equity Act for the 21st Century (Public 21 Law 105–178), SAFETEA–LU (Public Law 109–59), or 22 any other Act, in addition to amounts already appro23 priated in fiscal year 2020 for ‘‘Motor Carrier Safety Op24 erations and Programs’’ $150,000 in additional obligation 25 limitation is provided and repurposed for obligations in- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 171 1 curred to support activities to prevent, prepare for, and 2 respond to coronavirus: Provided, That such amount is 3 designated by the Congress as being for an emergency re4 quirement pursuant to section 251(b)(2)(A)(i) of the Bal5 anced Budget and Emergency Deficit Control Act of 1985. 6 FEDERAL RAILROAD ADMINISTRATION 7 SAFETY AND OPERATIONS 8 For an additional amount for ‘‘Safety and Oper- 9 ations’’, $250,000, to remain available until September 10 30, 2021, to prevent, prepare for, and respond to 11 coronavirus: Provided, That such amount is designated by 12 the Congress as being for an emergency requirement pur13 suant to section 251(b)(2)(A)(i) of the Balanced Budget 14 and Emergency Deficit Control Act of 1985. 15 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL 16 RAILROAD PASSENGER CORPORATION 17 (INCLUDING TRANSFER OF FUNDS) 18 For an additional amount for ‘‘Northeast Corridor 19 Grants to the National Railroad Passenger Corporation’’, 20 $492,000,000, to remain available until September 30, 21 2021, to prevent, prepare for, and respond to coronavirus, 22 including to enable the Secretary of Transportation to 23 make or amend existing grants to the National Railroad 24 Passenger Corporation for activities associated with the 25 Northeast Corridor as authorized by section 11101(a) of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 172 1 the Fixing America’s Surface Transportation Act (division 2 A of Public Law 114–94): Provided, That amounts made 3 available under this heading in this Act may be trans4 ferred to and merged with ‘‘National Network Grants to 5 the National Railroad Passenger Corporation’’ to prevent, 6 prepare for, and respond to coronavirus: Provided further, 7 That such amount is designated by the Congress as being 8 for an emergency requirement pursuant to section 9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 NATIONAL NETWORK GRANTS TO THE NATIONAL 12 RAILROAD PASSENGER CORPORATION 13 (INCLUDING TRANSFER OF FUNDS) 14 For an additional amount for ‘‘National Network 15 Grants to the National Railroad Passenger Corporation’’, 16 $526,000,000, to remain available until September 30, 17 2021, to prevent, prepare for, and respond to coronavirus, 18 including to enable the Secretary of Transportation to 19 make or amend existing grants to the National Railroad 20 Passenger Corporation for activities associated with the 21 National Network as authorized by section 11101(b) of 22 the Fixing America’s Surface Transportation Act (division 23 A of Public Law 114–94): Provided, That a State shall 24 not be required to pay the National Railroad Passenger 25 Corporation more than 80 percent of the amount paid in L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 173 1 fiscal year 2019 under section 209 of the Passenger Rail 2 Investment and Improvement Act of 2008 (Public Law 3 110–432) and that not less than $239,000,000 of the 4 amounts made available under this heading in this Act 5 shall be made available for use in lieu of any increase in 6 a State’s payment: Provided further, That amounts made 7 available under this heading in this Act may be trans8 ferred to and merged with the ‘‘Northeast Corridor Grants 9 to the National Railroad Passenger Corporation’’ to pre10 vent, prepare for, and respond to coronavirus: Provided 11 further, That such amount is designated by the Congress 12 as being for an emergency requirement pursuant to sec13 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer14 gency Deficit Control Act of 1985. 15 FEDERAL TRANSIT ADMINISTRATION 16 TRANSIT INFRASTRUCTURE GRANTS 17 For an additional amount for ‘‘Transit Infrastructure 18 Grants’’ $25,000,000,000, to remain available until Sep19 tember 30, 2021, to prevent, prepare for, and respond to 20 coronavirus: Provided, That the Secretary of Transpor21 tation shall provide funds appropriated under this heading 22 in this Act as if such funds were provided under section 23 5307 of title 49, United States Code, and apportion such 24 funds in accordance with section 5336 of such title (other 25 than subsections (h)(1) and (h)(4)), sections 5311, 5337, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 174 1 and 5340 of title 49, United States Code, and apportion 2 such funds in accordance with such sections, except that 3 funds apportioned under section 5337 shall be added to 4 funds apportioned under section 5307 for administration 5 under section 5307: Provided further, That the Secretary 6 shall allocate the amounts provided in the preceding pro7 viso under sections 5307, 5311, 5337, and 5340 of title 8 49, United States Code, among such sections in the same 9 ratio as funds were provided in the fiscal year 2020 appor10 tionments: Provided further, That funds apportioned 11 under this heading shall be apportioned not later than 7 12 days after the date of enactment of this Act: Provided fur13 ther, That funds shall be apportioned using the fiscal year 14 2020 apportionment formulas: Provided further, That not 15 more than three-quarters of 1 percent of the funds for 16 transit infrastructure grants shall be available for admin17 istrative expenses and ongoing program management over18 sight as authorized under sections 5334 and 5338(f)(2) 19 of title 49, United States Code, and shall be in addition 20 to any other appropriations for such purpose: Provided 21 further, That notwithstanding subsection (a)(1) or (b) of 22 section 5307 of title 49, United States Code, funds pro23 vided under this heading are available for the operating 24 expenses of transit agencies related to the response to a 25 public health emergency as described in section 319 of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 175 1 Public Health Service Act, including, beginning on Janu2 ary 31, 2020, reimbursement for operating costs to main3 tain service and lost revenue due to the public health 4 emergency, the purchase of personal protective equipment, 5 and paying the administrative leave of operations per6 sonnel due to reductions in service: Provided further, That 7 such operating expenses are not required to be included 8 in a transportation improvement program, long-range 9 transportation, statewide transportation plan, or a state10 wide transportation improvement program: Provided fur11 ther, That the Secretary shall not waive the requirements 12 of section 5333 of title 49, United States Code, for funds 13 appropriated under this heading or for funds previously 14 made available under section 5307 of title 49, United 15 States Code, or sections 5311, 5337, or 5340 of such title 16 as a result of the coronavirus: Provided further, That un17 less otherwise specified, applicable requirements under 18 chapter 53 of title 49, United States Code, shall apply to 19 funding made available under this heading, except that the 20 Federal share of the costs for which any grant is made 21 under this heading shall be, at the option of the recipient, 22 up to 100 percent: Provided further, That the amount 23 made available under this heading shall be derived from 24 the general fund and shall not be subject to any limitation 25 on obligations for transit programs set forth in any Act: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 176 1 Provided further, That such amount is designated by the 2 Congress as being for an emergency requirement pursuant 3 to section 251(b)(2)(A)(i) of the Balanced Budget and 4 Emergency Deficit Control Act of 1985. 5 MARITIME ADMINISTRATION 6 OPERATIONS AND TRAINING 7 For an additional amount for ‘‘Operations and Train- 8 ing’’, $3,134,000, to remain available until September 30, 9 2021, to prevent, prepare for, and respond to coronavirus: 10 Provided, That of the amounts made available under this 11 heading in this Act, $1,000,000 shall be for the operations 12 of the United States Merchant Marine Academy: Provided 13 further, That such amount is designated by the Congress 14 as being for an emergency requirement pursuant to sec15 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer16 gency Deficit Control Act of 1985. 17 OFFICE 18 OF INSPECTOR GENERAL SALARIES AND EXPENSES 19 For an additional amount for ‘‘Office of Inspector 20 General’’, $5,000,000, to remain available through Sep21 tember 30, 2021: Provided, That the amount made avail22 able under this heading in this Act shall be for necessary 23 expenses of the Office of Inspector General to carry out 24 the provisions of the Inspector General Act of 1978, as 25 amended: Provided further, That the amounts made avail- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 177 1 able under this heading in this Act shall be used to con2 duct audits and investigations of activities carried out with 3 amounts made available in this Act to the Department of 4 Transportation to prevent, prepare for, and respond to 5 coronavirus: Provided further, That the Inspector General 6 shall have all the necessary authority, in carrying out the 7 duties specified in the Inspector General Act, as amended 8 (5 U.S.C. App 3), to investigate allegations of fraud, in9 cluding false statements to the Government (18 U.S.C. 10 1001), by any person or entity that is subject to regulation 11 by the Department of Transportation: Provided further, 12 That such amount is designated by the Congress as being 13 for an emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 GENERAL PROVISIONS—DEPARTMENT 17 OF TRANSPORTATION 18 SEC. 11201. For amounts made available by this Act 19 under the headings ‘‘Northeast Corridor Grants to the Na20 tional Railroad Passenger Corporation’’ and ‘‘National 21 Network Grants to the National Railroad Passenger Cor22 poration’’, the Secretary of Transportation may not waive 23 the requirements under section 24312 of title 49, United 24 States Code, and section 24305(f) of title 49, United 25 States Code: Provided, That for amounts made available L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 178 1 by this Act under such headings the Secretary shall re2 quire the National Railroad Passenger Corporation to 3 comply with the Railway Retirement Act of 1974 (45 4 U.S.C. 231 et seq.), the Railway Labor Act (45 U.S.C. 5 151 et seq.), and the Railroad Unemployment Insurance 6 Act (45 U.S.C. 351 et seq.): Provided further, That not 7 later than 7 days after the date of enactment of this Act 8 and each subsequent 7 days thereafter, the Secretary shall 9 notify the House and Senate Committees on Appropria10 tions, the Committee on Transportation and Infrastruc11 ture of the House of Representatives, and the Committee 12 on Commerce, Science, and Transportation of the Senate 13 of any National Railroad Passenger Corporation employee 14 furloughs as a result of efforts to prevent, prepare for, 15 and respond to coronavirus: Provided further, That in the 16 event of any National Railroad Passenger Corporation em17 ployee furloughs as a result of efforts to prevent, prepare 18 for, and respond to coronavirus, the Secretary shall re19 quire the National Railroad Passenger Corporation to pro20 vide such employees the opportunity to be recalled to their 21 previously held positions as intercity passenger rail service 22 is restored to March 1, 2020 levels and not later than the 23 date on which intercity passenger rail service has been 24 fully restored to March 1, 2020 levels. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 179 1 DEPARTMENT OF HOUSING AND URBAN 2 DEVELOPMENT 3 MANAGEMENT 4 AND ADMINISTRATION ADMINISTRATIVE SUPPORT OFFICES 5 For an additional amount for ‘‘Administrative Sup- 6 port Offices’’, $10,000,000, to remain available until Sep7 tember 30, 2021, to prevent, prepare for, and respond to 8 coronavirus: Provided, That such amount is designated by 9 the Congress as being for an emergency requirement pur10 suant to section 251(b)(2)(A)(i) of the Balanced Budget 11 and Emergency Deficit Control Act of 1985. 12 PROGRAM OFFICES 13 For an additional amount for ‘‘Program Offices’’, 14 $10,000,000, to remain available until September 30, 15 2030, to prevent, prepare for, and respond to coronavirus: 16 Provided, That of the sums appropriated under this head17 ing in this Act— 18 (1) $2,500,000 shall be available for the Office 19 of Public and Indian Housing; 20 (2) $5,000,000 shall be available for the Office 21 of Community Planning and Development; and 22 (3) $2,500,000 shall be available for the Office 23 of Housing: 24 Provided further, That such amount is designated by the 25 Congress as being for an emergency requirement pursuant L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 180 1 to section 251(b)(2)(A)(i) of the Balanced Budget and 2 Emergency Deficit Control Act of 1985. 3 PUBLIC 4 AND INDIAN HOUSING TENANT-BASED RENTAL ASSISTANCE 5 For an additional amount for ‘‘Tenant-Based Rental 6 Assistance’’, $1,500,000,000, to remain available until ex7 pended, to provide additional funds for public housing 8 agencies to maintain operations and take other necessary 9 actions to prevent, prepare for, and respond to 10 coronavirus: Provided, That of the amounts made avail11 able under this heading in this Act, $1,000,000,000 shall 12 be available for additional administrative and other ex13 penses of public housing agencies in administering their 14 section 8 programs, including Mainstream vouchers, in re15 sponse to coronavirus: Provided further, That such other 16 expenses shall be new eligible activities to be defined by 17 the Secretary and shall be activities to support or maintain 18 the health and safety of assisted individuals and families, 19 and costs related to retention and support of current par20 ticipating landlords: Provided further, That amounts made 21 available under paragraph (3) of this heading in division 22 H of the Further Consolidated Appropriations Act, 2020 23 (Public Law 116–94) may be used for the other expenses 24 as described in the preceding proviso in addition to their 25 other available uses: Provided further, That of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 181 1 amounts made available under this heading in this Act, 2 $500,000,000 shall be available for adjustments in the cal3 endar year 2020 section 8 renewal funding allocations, in4 cluding Mainstream vouchers, for public housing agencies 5 that experience a significant increase in voucher per-unit 6 costs due to extraordinary circumstances or that, despite 7 taking reasonable cost savings measures, as determined by 8 the Secretary, would otherwise be required to terminate 9 rental assistance for families as a result of insufficient 10 funding: Provided further, That the Secretary shall allo11 cate amounts provided in the preceding proviso based on 12 need, as determined by the Secretary: Provided further, 13 That for any amounts provided under this heading in prior 14 Acts for tenant-based rental assistance contracts, includ15 ing necessary administrative expenses, under section 811 16 of the Cranston-Gonzalez National Affordable Housing 17 Act (42 U.S.C. 8013) that remain available for this pur18 pose after funding renewals and administrative expenses, 19 the Secretary shall award no less than 50 percent of the 20 remaining amounts for the same purpose within 60 days 21 of enactment of this Act: Provided further, That the Sec22 retary may waive, or specify alternative requirements for, 23 any provision of any statute or regulation that the Sec24 retary administers in connection with the use of the 25 amounts made available under this heading and the same L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 182 1 heading of Public Law 116–94 (except for requirements 2 related to fair housing, nondiscrimination, labor stand3 ards, and the environment), upon a finding by the Sec4 retary that any such waivers or alternative requirements 5 are necessary for the safe and effective administration of 6 these funds to prevent, prepare for, and respond to 7 coronavirus: Provided further, That the Secretary shall no8 tify the public through the Federal Register or other ap9 propriate means to ensure the most expeditious allocation 10 of this funding of any such waiver or alternative require11 ment in order for such waiver or alternative requirement 12 to take effect, and that such public notice may be provided 13 at a minimum on the Internet at the appropriate Govern14 ment web site or through other electronic media, as deter15 mined by the Secretary: Provided further, That any such 16 waivers or alternative requirements shall remain in effect 17 for the time and duration specified by the Secretary in 18 such public notice and may be extended if necessary upon 19 additional notice by the Secretary: Provided further, That 20 such amount is designated by the Congress as being for 21 an emergency requirement pursuant to section 22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 23 Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 183 1 PUBLIC HOUSING OPERATING FUND 2 For an additional amount for ‘‘Public Housing Oper- 3 ating Fund’’ for 2020 payments to public housing agen4 cies for the operation and management of public housing, 5 as authorized by section 9(e) of the United States Housing 6 Act of 1937 (42 U.S.C. 1437g(e)), $720,000,000, to re7 main available until September 30, 2021: Provided, That 8 such amount shall be combined with the amount appro9 priated for the same purpose under the same heading of 10 Public Law 116–94, and distributed to all public housing 11 agencies pursuant to the Operating Fund formula at part 12 990 of title 24, Code of Federal Regulations: Provided fur13 ther, That for the period from the enactment of this Act 14 through December 31, 2020, such combined total amount 15 may be used for eligible activities under subsections (d)(1) 16 and (e)(1) of such section 9 and for other expenses to pre17 vent, prepare for, and respond to coronavirus, including 18 activities to support or maintain the health and safety of 19 assisted individuals and families, and activities to support 20 education and child care for impacted families: Provided 21 further, That amounts made available under the headings 22 ‘‘Public Housing Operating Fund’’ and ‘‘Public Housing 23 Capital Fund’’ in prior Acts, except for any set-asides list24 ed under such headings, may be used for all of the pur25 poses described in the preceding proviso: Provided further, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 184 1 That the expanded uses and funding flexibilities described 2 in the previous two provisos shall be available to all public 3 housing agencies through December 31, 2020, except that 4 the Secretary may extend the period under which such 5 flexibilities shall be available in additional 12 month incre6 ments upon a finding that individuals and families as7 sisted by the public housing program continue to require 8 expanded services due to the coronavirus pandemic: Pro9 vided further, That the Secretary may waive, or specify 10 alternative requirements for, any provision of any statute 11 or regulation that the Secretary administers in connection 12 with the use of such combined total amount of funds made 13 available under the headings ‘‘Public Housing Operating 14 Fund’’ and ‘‘Public Housing Capital Fund’’ in prior Acts 15 (except for requirements related to fair housing, non16 discrimination, labor standards, and the environment), 17 upon a finding by the Secretary that any such waivers or 18 alternative requirements are necessary for the safe and ef19 fective administration of these funds to prevent, prepare 20 for, and respond to coronavirus: Provided further, That the 21 Secretary shall notify the public through the Federal Reg22 ister or other appropriate means to ensure the most expe23 ditious allocation of this funding of any such waiver or 24 alternative requirement in order for such waiver or alter25 native requirement to take effect, and that such public no- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 185 1 tice may be provided at a minimum on the Internet at 2 the appropriate Government web site or through other 3 electronic media, as determined by the Secretary: Provided 4 further, That any such waivers or alternative requirements 5 shall remain in effect for the time and duration specified 6 by the Secretary in such public notice and may be ex7 tended if necessary upon additional notice by the Sec8 retary: Provided further, That amounts repurposed under 9 this heading that were previously designated by the Con10 gress as an emergency requirement pursuant to the Bal11 anced Budget and Emergency Deficit Control Act of 1985 12 are designated by the Congress as an emergency require13 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 14 Budget and Emergency Deficit Control Act of 1985 Pro15 vided further, That such amount is designated by the Con16 gress as being for an emergency requirement pursuant to 17 section 251(b)(2)(A)(i) of the Balanced Budget and 18 Emergency Deficit Control Act of 1985. 19 NATIVE AMERICAN PROGRAMS 20 For an additional amount for ‘‘Native American Pro- 21 grams’’, $350,000,000, to remain available until Sep22 tember 30, 2024, to prevent, prepare for, and respond to 23 coronavirus, of which— 24 (1) $250,000,000 shall be for the Native Amer- 25 ican Housing Block Grants program, as authorized L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 186 1 under title I of the Native American Housing Assist- 2 ance 3 (‘‘NAHASDA’’) (25 U.S.C. 4111 et seq.): Provided, 4 That amounts made available in this paragraph shall 5 be distributed according to the same funding for- 6 mula used in fiscal year 2020: Provided further, 7 That such amounts may be used to cover the cost 8 of and reimbursement of allowable costs to prevent, 9 prepare for, and respond to coronavirus incurred by 10 a recipient regardless of the date on which such 11 costs were incurred: Provided further, That the Sec- 12 retary may waive, or specify alternative require- 13 ments for, any provision of any statute or regulation 14 that the Secretary administers in connection with 15 the use of amounts made available in this paragraph 16 and in paragraph (1) under this heading in division 17 H of the Further Consolidated Appropriations Act, 18 2020 (Public Law 116–94) (except for requirements 19 related to fair housing, nondiscrimination, labor 20 standards, and the environment), upon a finding by 21 the Secretary that any such waivers or alternative 22 requirements are necessary to expedite or facilitate 23 the use of such amounts, including to prevent, pre- 24 pare for, and respond to coronavirus: Provided fur- 25 ther, That any such waivers shall apply retroactively and Self-Determination Act of 1996 L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 187 1 to activities to prevent, prepare for, and respond to 2 coronavirus carried out with any amounts described 3 in the preceding proviso; and 4 (2) $100,000,000 shall be for grants to Indian 5 tribes for carrying out the Indian Community Devel- 6 opment Block Grant program, as authorized under 7 title I of the Housing and Community Development 8 Act of 1974 (42 U.S.C. 5301 et seq.) with respect 9 to Indian tribes for use to respond to emergencies 10 that constitute imminent threats to health and safe- 11 ty: 12 106(a)(1) of such Act, the Secretary shall prioritize, 13 without competition, allocations of such amounts for 14 activities and projects to prevent, prepare for, and 15 respond to coronavirus: Provided further, That not 16 to exceed 20 percent of any grant made with 17 amounts made available in this paragraph shall be 18 expended for planning and management development 19 and administration: Provided further, That such 20 amounts may be used to cover the cost of and reim- 21 bursement of allowable costs to prevent, prepare for, 22 and respond to coronavirus incurred by a recipient 23 regardless of the date on which such costs were in- 24 curred: Provided further, That, notwithstanding sec- 25 tion 105(a)(8) of the Housing and Community De- Provided, That, notwithstanding section L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 188 1 velopment Act of 1974 (42 U.S.C. 5301 et seq.), 2 there shall be no percent limitation on the use of 3 amounts for public services activities to prevent, pre- 4 pare for, and respond to coronavirus: Provided fur- 5 ther, That the preceding proviso shall apply to all 6 such activities funded with amounts made available 7 in this paragraph and in paragraph (4) under this 8 heading in division H of the Further Consolidated 9 Appropriations Act, 2020 (Public Law 116–94): 10 Provided further, That the Secretary may waive, or 11 specify alternative requirements for, any provision of 12 any statute or regulation that the Secretary admin- 13 isters in connection with the use of amounts made 14 available in this paragraph and in paragraph (4) 15 under this heading in division H of the Further Con- 16 solidated Appropriations Act, 2020 (Public Law 17 116–94) (except for requirements related to fair 18 housing, nondiscrimination, labor standards, and the 19 environment), upon a finding by the Secretary that 20 any such waivers or alternative requirements are 21 necessary to expedite or facilitate the use of such 22 amounts, including to prevent, prepare for, and re- 23 spond to coronavirus: Provided further, That any 24 such waivers shall apply retroactively to activities to 25 prevent, prepare for, and respond to coronavirus car- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 189 1 ried out with any amounts described in the pre- 2 ceding proviso: 3 Provided further, That such amount is designated by the 4 Congress as being for an emergency requirement pursuant 5 to section 251(b)(2)(A)(i) of the Balanced Budget and 6 Emergency Deficit Control Act of 1985. 7 8 COMMUNITY PLANNING AND DEVELOPMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 9 For an additional amount for carrying out the 10 ‘‘Housing Opportunities for Persons with AIDS’’ pro11 gram, as authorized by the AIDS Housing Opportunity 12 Act (42 U.S.C. 12901 et seq.), $130,000,000, to remain 13 available until September 30, 2021, except that amounts 14 allocated pursuant to section 854(c)(5) of such Act shall 15 remain available until September 30, 2022, to provide ad16 ditional funds to maintain operations and for rental assist17 ance, supportive services, and other necessary actions, in 18 order to prevent, prepare for, and respond to the 19 coronavirus: Provided, That not less than $100,000,000 20 of the amount provided under this heading in this Act 21 shall be allocated pursuant to the formula in section 854 22 of such Act using the same data elements as utilized pur23 suant to that same formula in fiscal year 2020: Provided 24 further, That up to $20,000,000 of the amount provided 25 under this heading in this Act shall be to provide an addi- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 190 1 tional one-time, non-renewable award to grantees cur2 rently administering existing contracts for permanent sup3 portive housing that initially were funded under section 4 854(c)(5) of such Act from funds made available under 5 this heading in fiscal year 2010 and prior years: Provided 6 further, That such awards shall be made proportionally to 7 their existing grants: Provided further, That, notwith8 standing section 858(b)(3)(B) of such Act (42 U.S.C. 9 12907(b)(3)(B)), housing payment assistance for rent, 10 mortgage, or utilities payments may be provided for a pe11 riod of up to 24 months: Provided further, That such 12 awards are not required to be spent on permanent sup13 portive housing: Provided further, That, to protect persons 14 who are living with HIV/AIDS, such amounts provided 15 under this heading in this Act may be used to self-isolate, 16 quarantine, or to provide other coronavirus infection con17 trol services as recommended by the Centers for Disease 18 Control and Prevention for household members not living 19 with HIV/AIDS: Provided further, That such amounts 20 may be used to provide relocation services, including to 21 provide lodging at hotels, motels, or other locations in 22 order to satisfy the objectives of the preceding proviso: 23 Provided further, That, notwithstanding section 856(g) of 24 such Act (42 U.S.C. 12905(g)), a grantee may use up to 25 6 percent of its award under this Act for administrative L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 191 1 purposes, and a project sponsor may use up to 10 percent 2 of its sub-award under this Act for administrative pur3 poses: Provided further, That such amounts provided 4 under this heading in this Act may be used to reimburse 5 allowable costs consistent with the purposes of this head6 ing incurred by a grantee or project sponsor regardless 7 of the date on which such costs were incurred: Provided 8 further, That any regulatory waivers the Secretary may 9 issue may be deemed to be effective as of the date a grant10 ee began preparing for coronavirus: Provided further, That 11 any additional activities or authorities authorized under 12 this heading in this Act may also apply at the discretion 13 and upon notice of the Secretary to all amounts made 14 available under this same heading in Public Law 116–94 15 if such amounts are used by grantees for the purposes de16 scribed under this heading: Provided further, That up to 17 2 percent of amounts made available under this heading 18 in this Act may be used, without competition, to increase 19 prior awards made to existing technical assistance pro20 viders to provide an immediate increase in capacity build21 ing and technical assistance available to grantees under 22 this heading and under the same heading in prior Acts: 23 Provided further, That such amount is designated by the 24 Congress as being for an emergency requirement pursuant L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 192 1 to section 251(b)(2)(A)(i) of the Balanced Budget and 2 Emergency Deficit Control Act of 1985. 3 COMMUNITY DEVELOPMENT FUND 4 For an additional amount for ‘‘Community Develop- 5 ment Fund’’, $15,000,000,000, for assistance under the 6 community development block grant program under title 7 I of the Housing and Community Development Act of 8 1974 (42 U.S.C. 5301 et seq.) to prevent, prepare for, 9 and respond to coronavirus, to remain available until Sep10 tember 30, 2022: Provided, That up to $8,000,000,000 11 of the amount made available under this heading shall be 12 distributed pursuant to section 106 of such Act (42 U.S.C. 13 5306) to grantees that received allocations pursuant to 14 that same formula in fiscal year 2020, and that such allo15 cations shall be made within 30 days of enactment of this 16 Act: Provided further, That, in addition to amounts allo17 cated pursuant to the preceding proviso, an additional 18 $5,000,000,000 shall be allocated directly to States to pre19 vent, prepare for, and respond to coronavirus within the 20 State, including activities within entitlement and non21 entitlement communities, based on public health needs, 22 risk of transmission of coronavirus, number of coronavirus 23 cases compared to the national average, and economic and 24 housing market disruptions, and other factors, as deter25 mined by the Secretary, using best available data and that L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 193 1 such allocations shall be made within 45 days of enact2 ment of this Act: Provided further, That any remaining 3 amounts shall be distributed directly to the State or unit 4 of general local government, at the discretion of the Sec5 retary, according to a formula based on factors to be de6 termined by the Secretary, prioritizing risk of trans7 mission of coronavirus, number of coronavirus cases com8 pared to the national average, and economic and housing 9 market disruptions resulting from coronavirus: Provided 10 further, That such allocations may be made on a rolling 11 basis as additional needs develop and data becomes avail12 able: Provided further, That the Secretary shall make all 13 such allocations based on the best available data at the 14 time of allocation: Provided further, That amounts made 15 available in the preceding provisos may be used to reim16 burse allowable costs consistent with the purposes of this 17 heading in this Act incurred by a State or locality regard18 less of the date on which such costs were incurred: Pro19 vided further, That section 116(b) of such Act (42 U.S.C. 20 5316(b)) and any implementing regulations, which require 21 grantees to submit their final statements of activities no 22 later than August 16 of a given fiscal year, shall not apply 23 to final statements submitted in accordance with sections 24 104(a)(2) and (a)(3) of such Act (42 U.S.C. 5304(a)(2) 25 and (a)(3)) and comprehensive housing affordability strat- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 194 1 egies submitted in accordance with section 105 of the 2 Cranston-Gonzalez National Affordable Housing Act (42 3 U.S.C. 12705) for fiscal years 2019 and 2020: Provided 4 further, That such final statements and comprehensive 5 housing affordability strategies shall instead be submitted 6 not later than August 16, 2021: Provided further, That 7 the Secretary may waive, or specify alternative require8 ments for, any provision of any statute or regulation that 9 the Secretary administers in connection with the use of 10 amounts made available under this heading and for fiscal 11 years 2019 and 2020 (except for requirements related to 12 fair housing, nondiscrimination, labor standards, and the 13 environment), if the Secretary finds that good cause exists 14 for the waiver or alternative requirement and such waiver 15 or alternative requirement would not be inconsistent with 16 the overall purpose of title I of the Housing and Commu17 nity Development Act of 1974 , including for the purposes 18 of addressing the impact of coronavirus: Provided further, 19 That any such waiver or alternative requirement shall not 20 take effect before the expiration of the 5-day period that 21 begins on the date on which the Secretary notifies the pub22 lic through the Federal Register or other appropriate 23 means, including by means of the Internet at the appro24 priate Government web site or through other electronic 25 media, as determined by the Secretary: Provided further, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 195 1 That of the amounts made available under this heading, 2 up to $10,000,000 shall be made available for capacity 3 building and technical assistance to support the use of 4 such amounts to expedite or facilitate infectious disease 5 response: Provided further, That, notwithstanding sections 6 104(a)(2), (a)(3), and (c) of the Housing and Community 7 Development Act of 1974 (42 U.S.C. 5304(a)(2), (a)(3), 8 and (c)) and section 105 of the Cranston-Gonzalez Na9 tional Affordable Housing Act (42 U.S.C. 12705), a 10 grantee may not be required to amend its statement of 11 activities in order to engage in activities to prevent, pre12 pare, and respond to coronavirus or the economic and 13 housing disruption caused by such virus, but shall make 14 public a report within 180 days of the end of the crisis 15 which fully accounts for those activities: Provided further, 16 That a grantee may not be required to hold in-person pub17 lic hearings in connection with citizen participation plan, 18 but shall provide citizens with notice and a reasonable op19 portunity to comment of no less than 15 days: Provided 20 further, That such procedures shall apply to grants from 21 amounts made available under this heading and for fiscal 22 years 2019 and 2020: Provided further, That, during the 23 period that national or local health authorities recommend 24 social distancing and limiting public gatherings for public 25 health reasons, a grantee may carry out virtual public L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 196 1 hearings to fulfill applicable public hearing requirements 2 for all grants from funds made available under this head3 ing in this and prior Acts: Provided further, That any such 4 virtual hearings shall provide reasonable notification and 5 access for citizens in accordance with the grantee’s certifi6 cations, timely responses from local officials to all citizen 7 questions and issues, and public access to all questions 8 and responses: Provided further, That, notwithstanding 9 subsection 105(a)(8) of the Housing and Community De10 velopment Act of 1974 (42 U.S.C. 5305(a)(8)), there shall 11 be no percent limitation for the use of funds for public 12 services activities to prevent, prepare, and respond to 13 coronavirus or the economic and housing disruption 14 caused by it: Provided further, That the preceding proviso 15 shall apply to all such activities carried out with grants 16 of funds made available under this heading and for fiscal 17 years 2019 and 2020: Provided further, That the Sec18 retary shall ensure there are adequate procedures in place 19 to prevent any duplication of benefits as defined by section 20 312 of the Robert T. Stafford Disaster Relief and Emer21 gency Assistance Act (42 U.S.C. 5155) and act in accord22 ance with section 1210 of the Disaster Recovery Reform 23 Act of 2018 (division D of Public Law 115–254; 132 Stat. 24 3442) and section 312 of the Robert T. Stafford Disaster 25 Relief and Emergency Assistance Act (42 U.S.C. 5115): L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 197 1 Provided further, That such amount is designated by the 2 Congress as being for an emergency requirement pursuant 3 to section 251(b)(2)(A)(i) of the Balanced Budget and 4 Emergency Deficit Control Act of 1985. 5 HOMELESS ASSISTANCE GRANTS 6 For an additional amount for ‘‘Homeless Assistance 7 Grants’’, $5,000,000,000, to remain available until Sep8 tember 30, 2022, for the Emergency Solutions Grants pro9 gram as authorized under subtitle B of title IV of the 10 McKinney-Vento Homeless Assistance Act (42 U.S.C. 11 11371 et seq.), as amended, to prevent, prepare for, and 12 respond to coronavirus among individuals and families 13 who are homeless, receiving homeless assistance, or at risk 14 of homelessness and to support additional homeless assist15 ance and homelessness prevention activities to mitigate the 16 impacts created by coronavirus: Provided, That up to 17 $1,500,000,000 of the amount appropriated under this 18 heading in this Act shall be distributed pursuant to 24 19 CFR 576.3 to grantees that received allocations pursuant 20 to that same formula in fiscal year 2020, and that such 21 allocations shall be made within 30 days of enactment of 22 this Act: Provided further, That, in addition to amounts 23 allocated in the preceding proviso, an additional 24 $1,500,000,000 shall be allocated directly to a State or 25 unit of general local government by a formula to be devel- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 198 1 oped by the Secretary and that such allocations shall be 2 made within 45 days of enactment of this Act: Provided 3 further, That such formula shall allocate such amounts for 4 the benefit of unsheltered homeless, sheltered homeless, 5 and those at risk of homelessness to geographical areas 6 with the greatest need based on the risk of increasing 7 transmission of coronavirus, rising rates of sheltered and 8 unsheltered homelessness, and disruptions to economic 9 and housing markets and other factors, as determined by 10 the Secretary: Provided further, That not less than every 11 60 days thereafter, the Secretary shall allocate a minimum 12 of an additional $500,000,000: Provided further, That 13 amounts in the preceding proviso shall be allocated by a 14 formula to be developed by the Secretary which takes into 15 consideration the factors contained in the third proviso 16 under this heading, in addition to the best available data 17 on the number of coronavirus cases and disruptions in eco18 nomic and housing markets, and other factors as deter19 mined by the Secretary: Provided further, That such 20 amounts may be used to reimburse allowable costs con21 sistent with the purposes of this heading incurred by a 22 State or locality regardless of the date on which such costs 23 were incurred: Provided further, That individuals and fam24 ilies who are very low-income (as such term is defined in 25 section 3(b) of the United States Housing Act of 1937 L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 199 1 (42 U.S.C. 1437a(b)) shall be considered ‘‘at risk of home2 lessness’’ and eligible for homelessness prevention assist3 ance if they meet the criteria in subparagraphs (B) and 4 (C) of section 401(1) of the McKinney-Vento Homeless 5 Act (42 U.S.C. 11360(1)(B) and (C)): Provided further, 6 That any individuals and families who are low-income (as 7 such term is defined in section 3(b) of the United States 8 Housing Act of 1937 (42 U.S.C. 1437a(b)) shall be eligi9 ble for rental assistance: Provided further, That recipients 10 may deviate from applicable procurement standards when 11 procuring goods and services consistent with the purposes 12 of this heading: Provided further, That a recipient may 13 use up to 10 percent of its allocation for administrative 14 purposes: Provided further, That the use of such amounts 15 shall not be subject to the consultation, citizen participa16 tion, or match requirements that otherwise apply to the 17 Emergency Solutions Grants program, except that a re18 cipient must publish how it has and will utilize its alloca19 tion at a minimum on the Internet at the appropriate Gov20 ernment web site or through other electronic media: Pro21 vided further, That the spending cap established pursuant 22 to section 415(b) of the McKinney-Vento Homeless Act 23 (42 U.S.C. 11374) shall not apply to such amounts: Pro24 vided further, That such amounts may be used to provide 25 temporary emergency shelters (through leasing of existing L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 200 1 property, temporary structures, or other means) for the 2 purposes described under this heading, and that such tem3 porary emergency shelters shall not be subject to the min4 imum periods of use required by section 416(c)(1) of such 5 Act (42 U.S.C. 11375(c)(1)): Provided further, That Fed6 eral habitability and environmental review standards and 7 requirements shall not apply to the use of such amounts 8 for those temporary emergency shelters that have been de9 termined by Federal, State, or local health officials to be 10 necessary to prevent and mitigate the spread of 11 coronavirus: Provided further, That such amounts may be 12 used for training on infectious disease prevention and 13 mitigation and to provide hazard pay, including for time 14 worked prior to enactment of this Act, for staff working 15 directly to prevent and mitigate the spread of coronavirus 16 among persons who are homeless or at risk of homeless17 ness, and that such activities shall not be considered ad18 ministrative costs for purposes of the 10 percent cap: Pro19 vided further, That in administering the amounts made 20 available under this heading in this Act, the Secretary may 21 waive, or specify alternative requirements for, any provi22 sion of any statute or regulation (except for any require23 ments related to fair housing, nondiscrimination, labor 24 standards, and the environment) that the Secretary ad25 ministers in connection with the obligation or use by the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 201 1 recipient of these amounts, if the Secretary finds that 2 good cause exists for the waiver or alternative requirement 3 and such waiver or alternative requirement is consistent 4 with the purposes described under this heading: Provided 5 further, That any such waivers shall be deemed to be effec6 tive as of the date a State or unit of local government 7 began preparing for coronavirus and shall apply to the use 8 of amounts provided under this heading and amounts pro9 vided under the same heading in fiscal year 2020 used 10 by recipients for the purposes described under this head11 ing: Provided further, That the Secretary shall notify the 12 public through the Federal Register or other appropriate 13 means, 5 days before the effective date, of any such waiver 14 or alternative requirement, and that such public notice 15 may be provided on the Internet at the appropriate Gov16 ernment web site or through other electronic media, as 17 determined by the Secretary: Provided further, That up 18 to 1 percent of amounts made available under this heading 19 in this Act may be used to increase prior awards made 20 to existing technical assistance providers with experience 21 in providing health care services in order to provide an 22 immediate increase in capacity building and technical as23 sistance to recipients of the Emergency Solutions Grants 24 program under this heading and under the same heading 25 in fiscal years 2018, 2019 and 2020: Provided further, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 202 1 That none of the funds provided under this heading may 2 be used to require people experiencing homelessness to re3 ceive treatment or perform any other prerequisite activi4 ties as a condition for receiving shelter, housing, or other 5 services: Provided further, That such amount is designated 6 by the Congress as being for an emergency requirement 7 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg8 et and Emergency Deficit Control Act of 1985. 9 EMERGENCY RENTAL ASSISTANCE 10 For and additional amount for ‘‘Emergency Rental 11 Assistance’’, as authorized in section 105 of title I of divi12 sion I of the Take Responsibility for Workers and Families 13 Act, $100,000,000,000, to remain available until ex14 pended: Provided, That such amount is designated by the 15 Congress as being for an emergency requirement pursuant 16 to section 251(b)(2)(A)(i) of the Balanced Budget and 17 Emergency Deficit Control Act of 1985. 18 HOUSING ASSISTANCE FUND 19 For an additional amount for the ‘‘Housing Assist- 20 ance Fund’’, as authorized in section 108 of title I of divi21 sion I of the Take Responsibility for Workers and Families 22 Act, $35,000,000,000, to remain available until expended: 23 Provided, That such amount is designated by the Congress 24 as being for an emergency requirement pursuant to sec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 203 1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 3 HOUSING PROGRAMS 4 ASSISTED HOUSING STABILITY 5 For an additional amount for assistance to owners 6 or sponsors of properties receiving project-based assist7 ance pursuant to section 202 of the Housing Act of 1959 8 (12 U.S.C. 17012), section 811 of the Cranston-Gonzalez 9 National Affordable Housing Act (42 U.S.C. 8013), or 10 section 8 of the United States Housing Act of 1937, as 11 amended, (42 U.S.C. 1437f), $1,100,000,000, to remain 12 available until expended, unless otherwise specified: Pro13 vided, That such amounts shall be used to prevent, pre14 pare for, and respond to coronavirus: Provided further, 15 That of the amounts made available under this heading 16 in this Act: 17 (1) $1,000,000,000 shall be for ‘‘Project-Based 18 Rental Assistance’’ to supplement funds already 19 available for expiring or terminating section 8 20 project-based subsidy contracts (including section 8 21 moderate rehabilitation contracts), for amendments 22 to section 8 project-based subsidy contracts (includ- 23 ing section 8 moderate rehabilitation contracts), for 24 contracts entered into pursuant to section 441 of the 25 McKinney-Vento Homeless Assistance Act (42 L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 204 1 U.S.C. 11401), for renewal of section 8 contracts for 2 units in projects that are subject to approved plans 3 of action under the Emergency Low Income Housing 4 Preservation Act of 1987 or the Low-Income Hous- 5 ing Preservation and Resident Homeownership Act 6 of 1990, and for administrative and other expenses 7 associated with project-based activities and assist- 8 ance funded under this paragraph; 9 (2) $75,000,000, to remain available until Sep- 10 tember 30, 2022, shall be for ‘‘Housing for the El- 11 derly’’ to supplement funds already available for 12 project rental assistance for the elderly under section 13 202(c)(2) of such Housing Act of 1959, including 14 amendments to contracts for such assistance and re- 15 newal of expiring contracts for such assistance for 16 up to a 1-year term, for senior preservation rental 17 assistance contracts, including renewals, as author- 18 ized by section 811(e) of the American Housing and 19 Economic Opportunity Act of 2000, as amended, 20 and for supportive services associated with the hous- 21 ing for the elderly as authorized by such section 22 202: Provided further, That funds made available 23 under this paragraph shall be used to provide emer- 24 gency assistance for continuation of contracts for 25 project rental assistance and amendment to such L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 205 1 contracts, supportive services, existing service coordi- 2 nators, one-time grants to hire additional service co- 3 ordinators, other staffing, rent supports, and emer- 4 gency preparedness relating to coronavirus; and 5 (3) $25,000,000, to remain available until Sep- 6 tember 30, 2023, shall be for ‘‘Housing for Persons 7 with Disabilities’’ to supplement funds already avail- 8 able for project rental assistance for supportive 9 housing for persons with disabilities under section 10 811(d)(2) of such Cranston-Gonzalez National Af- 11 fordable Housing Act, for project assistance con- 12 tracts pursuant to section 202(h) of the Housing 13 Act of 1959 (Public Law 86–372; 73 Stat. 667), in- 14 cluding amendments to contracts for such assistance 15 and renewal of expiring contracts for such assistance 16 for up to a 1-year term, for project rental assistance 17 to State housing finance agencies and other appro- 18 priate entities as authorized under section 811(b)(3) 19 of the Cranston-Gonzalez National Housing Act, and 20 for supportive services associated with the housing 21 for persons with disabilities as authorized by section 22 811(b)(1) of such Act: 23 Provided further, That for the purposes of addressing the 24 impact of coronavirus, the Secretary may waive, or specify 25 alternative requirements for, any provision of any statute L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 206 1 or regulation that the Secretary administers in connection 2 with the use of amounts made available under this heading 3 in this Act (except for requirements related to fair hous4 ing, nondiscrimination, labor standards, and the environ5 ment) upon a finding by the Secretary that any such waiv6 ers or alternative requirements are necessary to expedite 7 or facilitate the use of such amounts: Provided further, 8 That the Secretary shall notify the public through the 9 Federal Register or other appropriate means of any such 10 waiver or alternative requirement in order for such waiver 11 or alternative requirement to take effect, and that such 12 public notice may be provided at minimum on the Internet 13 at the appropriate Government web site or through other 14 electronic media, as determined by the Secretary: Provided 15 further, That up to 1 percent of the amounts provided 16 under paragraphs (1), (2) and (3) may be used to make 17 new awards or increase prior awards made to existing 18 technical assistance providers, without competition, to pro19 vide an immediate increase in capacity building and tech20 nical assistance available to recipients of amounts identi21 fied in the preceding proviso, to remain available until 22 September 30, 2024: Provided further, That such amount 23 is designated by the Congress as being for an emergency 24 requirement pursuant to section 251(b)(2)(A)(i) of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 207 1 Balanced Budget and Emergency Deficit Control Act of 2 1985. 3 FAIR HOUSING 4 AND EQUAL OPPORTUNITY FAIR HOUSING ACTIVITIES 5 For an additional amount for ‘‘Fair Housing Activi- 6 ties’’, $7,000,000, to remain available until September 30, 7 2021, for contracts, grants, and other assistance, as au8 thorized by title VIII of the Civil Rights Act of 1968, as 9 amended by the Fair Housing Amendments Act of 1988, 10 and section 561 of the Housing and Community Develop11 ment Act of 1987, to prevent, prepare for, and respond 12 to coronavirus, of which $4,000,000 shall be for the Fair 13 Housing Assistance Program Partnership for Special En14 forcement grants to address fair housing issues relating 15 to coronavirus, and $3,000,000 shall be for the Fair Hous16 ing Initiatives Program for education and outreach activi17 ties under such section 561 to educate the public about 18 fair housing issues related to coronavirus: Provided, That 19 such amount is designated by the Congress as being for 20 an emergency requirement pursuant to section 21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985. 23 OFFICE 24 OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector 25 General’’, $5,000,000, to remain available until September L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 208 1 30, 2021: Provided, That the amount made available 2 under this heading in this Act shall be for necessary sala3 ries and expenses of the Office of Inspector General in 4 carrying out the Inspector General Act of 1978 and to 5 conduct audits and investigations of activities carried out 6 with amounts made available in this Act to the Depart7 ment of Housing and Urban Development to prevent, pre8 pare for, and respond to coronavirus: Provided further, 9 That the Inspector General shall have independent author10 ity over all personnel issues within this office: Provided 11 further, That such amount is designated by the Congress 12 as being for an emergency requirement pursuant to sec13 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer14 gency Deficit Control Act of 1985. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 209 1 TITLE XIII 2 GENERAL PROVISIONS—THIS DIVISION 3 SEC. 11301. Not later than 30 days after the date 4 of enactment of this Act, the head of each executive agen5 cy that receives funding in this Act, or that received fund6 ing in the Coronavirus Preparedness and Response Sup7 plemental Appropriations Act, 2020 (division A of Public 8 Law 116–123) or the Second Coronavirus Preparedness 9 and Response Supplemental Appropriations Act, 2020 (di10 vision A of Public Law 116–127), shall provide a report 11 detailing the anticipated uses of all such funding to the 12 Committees on Appropriations of the House of Represent13 atives and the Senate: Provided, That each report shall 14 include estimated personnel and administrative costs, as 15 well as the total amount of funding apportioned, allotted, 16 obligated, and expended, to date: Provided further, That 17 each such report shall be updated and submitted to such 18 Committees every 60 days until all funds are expended 19 or expire: Provided further, That reports submitted pursu20 ant to this section shall satisfy the requirements of section 21 1701 of division A of Public Law 116–127. 22 SEC. 11302. Each amount appropriated or made 23 available by this Act is in addition to amounts otherwise 24 appropriated for the fiscal year involved. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 210 1 SEC. 11303. In this Act, the term ‘‘coronavirus’’ 2 means SARS–CoV–2 or another coronavirus with pan3 demic potential. 4 SEC. 11304. No part of any appropriation contained 5 in this Act shall remain available for obligation beyond 6 the current fiscal year unless expressly so provided herein. 7 SEC. 11305. Unless otherwise provided for by this 8 Act, the additional amounts appropriated by this Act to 9 appropriations accounts shall be available under the au10 thorities and conditions applicable to such appropriations 11 accounts for fiscal year 2020. 12 SEC. 11306. Each amount designated in this Act by 13 the Congress as being for an emergency requirement pur14 suant to section 251(b)(2)(A)(i) of the Balanced Budget 15 and Emergency Deficit Control Act of 1985 shall be avail16 able (or rescinded or transferred, if applicable) only if the 17 President subsequently so designates all such amounts 18 and transmits such designations to the Congress. 19 SEC. 11307. Any amount appropriated by this Act, 20 designated by the Congress as an emergency requirement 21 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg22 et and Emergency Deficit Control Act of 1985 and subse23 quently so designated by the President, and transferred 24 pursuant to transfer authorities provided by this Act shall 25 retain such designation. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 211 1 SEC. 11308. Notwithstanding any other provision of 2 law, and subject to the availability of appropriations, 3 funds made available by this Act or any other Act may 4 be used to modify the terms and conditions of a contract, 5 or other agreement, without consideration, to authorize a 6 federal agency to reimburse at contract billing rates not 7 to exceed an average of 40 hours per week any contractor 8 paid leave, including sick leave, the contractor provides to 9 its employees to ensure the effective response to the de10 clared national emergency for the coronavirus pandemic 11 event. Such authority shall apply only to a contractor 12 whose employees cannot perform work on a federally13 owned or leased facility or site due to federal government 14 directed closures or other restrictions, and who cannot 15 telework because their job duties cannot be performed re16 motely during the declared national emergency for the 17 coronavirus pandemic event. This authority also shall 18 apply to subcontractors. The amounts made available by 19 this section are designated by the Congress as an emer20 gency requirement pursuant to section 251(b)(2)(A)(i) of 21 the Balanced Budget and Emergency Deficit Control Act 22 of 1985. 23 This division may be cited as the ‘‘Emergency Pen- 24 sion Plan Relief Act of 2020’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 212 3 DIVISION B—EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT 4 REFERENCES 1 2 5 SEC. 20001. 6 Except as otherwise expressly provided, whenever in 7 this division an amendment or repeal is expressed in terms 8 of an amendment to, or repeal of, a section or other provi9 sion, the reference shall be considered to be made to a 10 section or other provision of the Family and Medical Leave 11 Act of 1993 (29 U.S.C. 2601 et seq.), as amended by the 12 Emergency Family and Medical Leave Expansion Act 13 (Public Law 116–127). 14 EMPLOYER CLARIFICATION 15 SEC. 20002. 16 Section 101(4) is amended by adding at the end the 17 following: 18 ‘‘(C) CLARIFICATION.—Subparagraph 19 (A)(i) shall not apply with respect to a public 20 agency described in subparagraph (A)(iii).’’. 21 EMERGENCY LEAVE EXTENSION 22 SEC. 20003. 23 Section 102(a)(1)(F) is amended by striking ‘‘De- 24 cember 31, 2020’’ and inserting ‘‘December 31, 2021’’. 25 EMERGENCY LEAVE DEFINITIONS 26 SEC. 20004. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 213 1 (a) ELIGIBLE EMPLOYEE.—Section 110(a)(1) is 2 amended in subparagraph (A), by striking ‘‘sections 3 101(2)(A) and 101(2)(B)(ii)’’ and inserting ‘‘section 4 101(2)’’. 5 (b) EMPLOYER THRESHOLD.—Section 110(a)(1)(B) 6 is amended by striking ‘‘fewer than 500 employees’’ and 7 inserting ‘‘1 or more employees’’. 8 (c) PARENT.—Section 110(a)(1) is amended by add- 9 ing at the end the following: 10 ‘‘(C) PARENT.—In lieu of the definition in 11 section 101(7), the term ‘parent’, with respect 12 to an employee, means any of the following: 13 ‘‘(i) A biological, foster, or adoptive 14 parent of the employee. 15 ‘‘(ii) A stepparent of the employee. 16 ‘‘(iii) A parent-in-law of the employee. 17 ‘‘(iv) A parent of a domestic partner 18 of the employee. 19 ‘‘(v) A legal guardian or other person 20 who stood in loco parentis to an employee 21 when the employee was a child.’’. 22 (d) QUALIFYING NEED RELATED TO A PUBLIC 23 HEALTH EMERGENCY.—Section 110(a)(2)(A) is amended 24 to read as follows: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 214 1 ‘‘(A) QUALIFYING NEED RELATED TO A 2 PUBLIC 3 ‘qualifying need related to a public health emer- 4 gency’, with respect to leave, means that the 5 employee is unable to perform the functions of 6 the position of such employee due to a need for 7 leave for any of the following: HEALTH EMERGENCY.—The term 8 ‘‘(i) To comply with a recommenda- 9 tion or order by a public official having ju- 10 risdiction or a health care provider on the 11 basis that the physical presence of the em- 12 ployee on the job would jeopardize the 13 health of others because of— 14 ‘‘(I) the exposure of the employee 15 to COVID–19; or 16 ‘‘(II) exhibition of symptoms of 17 COVID–19 by the employee. 18 ‘‘(ii) To care for a family member of 19 an eligible employee with respect to whom 20 a public official having jurisdiction or a 21 health care provider makes a determina- 22 tion that the presence of such family mem- 23 ber in the community would jeopardize the 24 health of other individuals in the commu- 25 nity because of— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 215 1 ‘‘(I) the exposure of the family 2 member to COVID–19; or 3 ‘‘(II) exhibition of symptoms of 4 COVID–19 by the family member. 5 ‘‘(iii) To care for the son or daughter 6 of such employee if the school or place of 7 care has been closed, or the child care pro- 8 vider of such son or daughter is unavail- 9 able, due to a public health emergency. 10 ‘‘(iv) To care for a family member 11 who meets criteria of 101(12)(B) or is a 12 senior citizen, if the place of care for such 13 family member is closed, or the direct care 14 provider is unavailable, due to a public 15 health emergency.’’. 16 (e) FAMILY MEMBER.—Section 110(a)(2) is amended 17 by adding at the end the following: 18 ‘‘(E) FAMILY MEMBER.—The term ‘family 19 member’, with respect to an employee, means 20 any of the following: 21 ‘‘(i) A parent of the employee. 22 ‘‘(ii) A spouse of the employee. 23 ‘‘(iii) A sibling of the employee. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 216 1 ‘‘(iv) Next of kin of the employee or 2 a person for whom the employee is next of 3 kin. 4 ‘‘(v) A son or daughter of the em- 5 ployee. 6 ‘‘(vi) A grandparent or grandchild of 7 the employee. 8 ‘‘(vii) An domestic partner of the em- 9 ployee. 10 ‘‘(F) DOMESTIC 11 ‘‘(i) IN PARTNER.— GENERAL.—The term ‘domes- 12 tic partner’, with respect to an individual, 13 means another individual with whom the 14 individual is in a committed relationship. 15 ‘‘(ii) COMMITTED RELATIONSHIP DE- 16 FINED.—The 17 means a relationship between 2 individuals, 18 each at least 18 years of age, in which 19 each individual is the other individual’s 20 sole domestic partner and both individuals 21 share responsibility for a significant meas- 22 ure of each other’s common welfare. The 23 term includes any such relationship be- 24 tween 2 individuals that is granted legal 25 recognition by a State or political subdivi- term ‘committed relationship’ L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 217 1 sion of a State as a marriage or analogous 2 relationship, including a civil union or do- 3 mestic partnership.’’. 4 REGULATORY AUTHORITIES 5 SEC. 20005. 6 (a) IN GENERAL.—Section 110(a) is amended by 7 striking paragraph (3). 8 (b) FORCE OR EFFECT OF REGULATIONS.—Any reg- 9 ulation issued under section 110(a)(3), as in effect on the 10 day before the date of the enactment of this Act, shall 11 have no force or effect. 12 RELATIONSHIP TO PAID LEAVE 13 SEC. 20006. 14 Section 110(b) is amended— 15 (1) in paragraph (1)— 16 (A) in the header, by striking ‘‘10 17 and inserting ‘‘2 18 WORKWEEKS’’; DAYS’’ and (B) in subparagraph (A), by striking ‘‘10 19 days’’ and inserting ‘‘2 workweeks’’; 20 (C) in subparagraph (B), by inserting, ‘‘, 21 including leave provided under section 5102 of 22 the Emergency Paid Sick Leave Act (Public 23 Law 116–127),’’ after ‘‘medical or sick leave’’; 24 and 25 (D) by inserting at the end the following: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 218 1 ‘‘(C) EMPLOYER REQUIREMENT.—An em- 2 ployer may not require an employee to sub- 3 stitute any leave described in subparagraph (B) 4 for leave under section 102(a)(1)(F). 5 ‘‘(D) RELATIONSHIP 6 AND MEDICAL LEAVE.—Leave 7 paragraph (F) of section 102(a)(1) shall not 8 count towards the 12 weeks of leave to which 9 an employee is entitled under subparagraphs TO OTHER FAMILY taken under sub- 10 (A) through (E) of such section.’’; and 11 (2) in paragraph (2)(A), by striking ‘‘10 days’’ 12 and inserting ‘‘2 workweeks’’. 13 WAGE RATE 14 SEC. 20007. 15 Section 110(2)(B)(I) is amended to read as follows: 16 ‘‘(I) an amount that is not less 17 than the greater of— 18 ‘‘(aa) the minimum wage 19 rate 20 6(a)(1) of the Fair Labor Stand- 21 ards Act of 1938 (29 U.S.C. 22 206(a)(1)); in effect under section 23 ‘‘(bb) the minimum wage 24 rate in effect for such employee 25 in the applicable State or locality, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 219 1 whichever is greater, in which the 2 employee is employed; or 3 ‘‘(cc) two thirds of an em- 4 ployee’s regular rate of pay (as 5 determined under section 7(e) of 6 the Fair Labor Standards Act of 7 1938 (29 U.S.C. 207(e)); and’’. 8 NOTICE 9 SEC. 20008. 10 Section 110(c) is amended by inserting ‘‘or sub- 11 section (a)(2)(A)(iv)’’ after ‘‘for the purpose described in 12 subsection (a)(2)(A)(iii)’’. 13 CERTIFICATION 14 SEC. 20009. 15 Section 110 is amended by adding at the end the fol- 16 lowing: 17 ‘‘(e) CERTIFICATION.— 18 ‘‘(1) IN GENERAL.—An employer may require 19 that a request for leave under section 102(a)(1)(F) 20 be supported by documentation described in para- 21 graph (2). An employer may not require such docu- 22 mentation before the date that is 3 weeks after the 23 date on which the employee takes such leave. 24 ‘‘(2) SUFFICIENT CERTIFICATION.—The fol- 25 lowing documentation shall be sufficient certifi- 26 cation: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 220 1 ‘‘(A) With respect to leave taken for the 2 purposes described in clause (i) or (ii) of sub- 3 section (a)(2)(A)— 4 ‘‘(i) a recommendation or order from 5 a public official having jurisdiction or a 6 health care provider that the relevant indi- 7 vidual has symptoms of COVID–19 or 8 should be quarantined; or 9 ‘‘(ii) documentation or evidence that 10 the relevant individual has been exposed to 11 COVID–19. 12 ‘‘(B) With respect to leave taken for pur- 13 poses described in clause (iii) or (iv) of such 14 subsection, notice of closure or unavailability 15 from the school, place of care, child care pro- 16 vider, or direct care provider of the family 17 member.’’. 18 AMENDMENTS TO THE EMERGENCY FAMILY AND 19 MEDICAL LEAVE EXPANSION ACT 20 SEC. 20010. 21 The Emergency Family and Medical Leave Expan- 22 sion Act (Public Law 116–127) is amended— 23 (1) in section 3103(b), by striking ‘‘Employees’’ 24 and 25 102(a)(1)(A) of the Family and Medical Leave Act 26 of 1993 (29 U.S.C. 2612(a)(1)(A)), employees’’; and inserting, ‘‘Notwithstanding section L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 221 1 (2) by striking sections 3104 and 3105. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 222 DIVISION C—EMERGENCY PAID SICK LEAVE ACT AMENDMENTS 1 2 3 SEC. 30001. REFERENCES. 4 Except as otherwise expressly provided, whenever in 5 this division an amendment or repeal is expressed in terms 6 of an amendment to, or repeal of, a section or other provi7 sion, the reference shall be considered to be made to a 8 section or other provision of division E of the Families 9 First Coronavirus Response Act (Public Law 116–127). 10 SEC. 30002. PAID SICK TIME REQUIREMENT. 11 (a) USES.—Section 5102(a) is amended to read as 12 follows: 13 ‘‘(a) IN GENERAL.—An employer shall provide to 14 each employee employed by the employer paid sick time 15 for any of the following uses: 16 ‘‘(1) To self-isolate because the employee is di- 17 agnosed with COVID–19. 18 ‘‘(2) To obtain a medical diagnosis or care if 19 such employee is experiencing the symptoms of 20 COVID–19. 21 ‘‘(3) To comply with a recommendation or 22 order by a public official with jurisdiction or a 23 health care provider on the basis that the physical 24 presence of the employee on the job would jeopardize 25 the health of others because of— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 223 1 ‘‘(A) the exposure of the employee to 2 COVID–19; or 3 ‘‘(B) exhibition of symptoms of COVID–19 4 by the employee. 5 ‘‘(4) To care for or assist a family member of 6 the employee— 7 ‘‘(A) who— 8 ‘‘(i) is self-isolating because such fam- 9 ily member has been diagnosed with 10 COVID–19; or 11 ‘‘(ii) is experiencing symptoms of 12 COVID–19 and needs to obtain medical di- 13 agnosis or care. 14 ‘‘(B) with respect to whom a public official 15 with jurisdiction or a health care provider 16 makes a determination that the presence of the 17 family member in the community would jeop- 18 ardize the health of other individuals in the 19 community because of— 20 ‘‘(i) the exposure of such family mem- 21 ber to the COVID–19; or 22 ‘‘(ii) 23 exhibition of symptoms of COVID–19 by such family member. 24 ‘‘(5) To care for the son or daughter of such 25 employee if the school or place of care has been L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 224 1 closed, or the child care provider of such son or 2 daughter is unavailable, due to COVID–19.’’. 3 (b) EMPLOYERS WITH EXISTING POLICIES.—Section 4 5102 by adding at the end the following: 5 ‘‘(f) EMPLOYERS WITH EXISTING POLICIES.—With 6 respect to an employer that provides paid leave on the day 7 before the date of enactment of this Act— 8 ‘‘(1) the paid sick time under this Act shall be 9 made available to employees of the employer in addi- 10 tion to such paid leave; and 11 ‘‘(2) the employer may not change such paid 12 leave on or after such date of enactment to avoid 13 being subject to paragraph (1).’’. 14 SEC. 30003. PROHIBITED ACTS. 15 Section 5104(1) is amended by striking ‘‘and’’ at the 16 end and inserting ‘‘or’’. 17 SEC. 30004. SUNSET. 18 Section 5109 is amended by striking ‘‘December 31, 19 2020’’ and inserting ‘‘December 31, 2021’’. 20 SEC. 30005. DEFINITIONS. 21 (a) EMPLOYEE.—Section 5110(1)(A)(i) is amended 22 by striking ‘‘ paragraph (5)(A)’’ and inserting ‘‘paragraph 23 (2)(A)’’; 24 (b) EMPLOYER.—Section 5110(2)(B) is amended— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 225 1 (1) by amending subclause (I) of clause (i) to 2 read as follows: 3 ‘‘(I) means any person engaged 4 in commerce or in any industry or ac- 5 tivity affecting commerce that employs 6 1 or more employees;’’; and 7 (2) by amending clause (ii) to read as follows: 8 ‘‘(ii) PUBLIC 9 IT AGENCY AND NON-PROF- ORGANIZATIONS.—For purposes of 10 clause (i)(I), a public agency and a non- 11 profit organization shall be considered to 12 be a person engaged in commerce or in an 13 industry or activity affecting commerce.’’. 14 (c) FMLA TERMS.—Section 5110(4) is amended to 15 read as follows: 16 ‘‘(4) FMLA TERMS.—The terms ‘health care 17 provider’, ‘next of kin’, ‘son or daughter’, and 18 ‘spouse’ have the meanings given such terms in sec- 19 tion 101 of the Family and Medical Leave Act of 20 1993 (29 U.S.C. 2611).’’. 21 (d) PAID SICK LEAVE.—Section 5110(5) is amend- 22 ed— 23 (1) in subparagraph (A)— 24 (A) in clause (i), by striking ‘‘section 2(a)’’ 25 and inserting ‘‘section 5102(a)’’; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 226 1 (B) in clause (ii), by striking ‘‘exceed’’ and 2 all that follows and inserting ‘‘exceed $511 per 3 day and $5,110 in the aggregate.’’; 4 (2) in subparagraph (B)— 5 (A) by striking the following: 6 ‘‘(B) REQUIRED 7 ‘‘(i) IN COMPENSATION.— GENERAL.—Subject to sub- 8 paragraph (A)(ii),’’; and inserting the fol- 9 lowing: 10 ‘‘(B) REQUIRED 11 COMPENSATION.—Subject to subparagraph (A)(ii),’’; and 12 (B) by striking clause (ii); and 13 (3) in subparagraph (C), by striking ‘‘ section 14 2(a)’’ and inserting ‘‘section 5102(a)’’. 15 (a) ADDITIONAL DEFINITIONS.—Section 5110 is 16 amended by adding at the end the following: 17 ‘‘(6) DOMESTIC 18 ‘‘(A) IN PARTNER.— GENERAL.—The term ‘domestic 19 partner’, with respect to an individual, means 20 another individual with whom the individual is 21 in a committed relationship. 22 ‘‘(B) COMMITTED RELATIONSHIP DE- 23 FINED.—The 24 means a relationship between 2 individuals, 25 each at least 18 years of age, in which each in- term ‘committed relationship’ L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 227 1 dividual is the other individual’s sole domestic 2 partner and both individuals share responsi- 3 bility for a significant measure of each other’s 4 common welfare. The term includes any such 5 relationship between 2 individuals that is grant- 6 ed legal recognition by a State or political sub- 7 division of a State as a marriage or analogous 8 relationship, including a civil union or domestic 9 partnership. 10 ‘‘(7) FAMILY MEMBER.—The term ‘family 11 member’, with respect to an employee, means any of 12 the following: 13 ‘‘(A) A parent of the employee. 14 ‘‘(B) A spouse of the employee. 15 ‘‘(C) A son or daughter of the employee. 16 ‘‘(D) A sibling of the employee; 17 ‘‘(E) A next of kin of the employee or a 18 person for whom the employee is next of kin; 19 ‘‘(F) A grandparent or grandchild of the 20 employee; or 21 ‘‘(G) A domestic partner of the employee. 22 ‘‘(8) FFCRA TERMS.—The terms ‘child care 23 provider’ and ‘school’ have the meanings given such 24 terms in section 110(a)(2) of the Family and Med- 25 ical and Leave Act of 1993. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 228 1 ‘‘(9) PARENT.—The term ‘parent’, with respect 2 to an employee, means any of the following: 3 ‘‘(A) A biological, foster, or adoptive par- 4 ent of the employee. 5 ‘‘(B) A stepparent of the employee. 6 ‘‘(C) A parent-in-law of the employee. 7 ‘‘(D) A parent of a domestic partner of the 8 employee. 9 ‘‘(E) A legal guardian or other person who 10 stood in loco parentis to an employee when the 11 employee was a child.’’. 12 SEC. 30006. REGULATORY AUTHORITIES. 13 (a) IN GENERAL.—Division E is amended by striking 14 section 5111. 15 (b) FORCE OR EFFECT OF REGULATIONS.—Any reg- 16 ulation issued under section 5111 of division E of the 17 Families First Coronavirus Response Act (Public Law 18 116–127), as in effect on the day before the date of the 19 enactment of this Act, shall have no force or effect. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 229 3 DIVISION D—COVID–19 WORKERS FIRST PROTECTION ACT OF 2020 4 SEC. 40001. SHORT TITLE. 1 2 5 This division may be cited as the ‘‘COVID–19 Work- 6 ers First Protection Act of 2020’’. 7 SEC. 40002. EMERGENCY TEMPORARY AND PERMANENT 8 STANDARDS. 9 (a) EMERGENCY TEMPORARY STANDARD.— 10 (1) IN GENERAL.—In consideration of the grave 11 risk presented by COVID–19 and the need to 12 strengthen protections for employees, pursuant to 13 section 6(c)(1) of the Occupational Safety and 14 Health Act of 1970 (29 U.S.C. 655(c)(1)) and not- 15 withstanding the provisions of law and the Executive 16 Order listed in paragraph (7), not later than 7 days 17 after the date of enactment of this Act, the Sec- 18 retary of Labor shall, in consultation with the Direc- 19 tor of the Centers for Disease Control and Preven- 20 tion, the Director of the National Institute for Occu- 21 pational Safety and Health, the Commissioner of the 22 Food and Drug Administration, and the persons de- 23 scribed in paragraph (2), promulgate an emergency 24 temporary standard to protect from occupational ex- 25 posure to SARS–CoV–2— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 230 1 (A) employees of health care sector em- 2 ployers; 3 (B) employees of employers in the para- 4 medic and emergency medical services, includ- 5 ing such services provided by firefighters and 6 other emergency responders; and 7 (C) employees in other sectors and occupa- 8 tions whom the Centers for Disease Control and 9 Prevention or the Occupational Safety and 10 Health Administration identifies as having ele- 11 vated risk. 12 (2) CONSULTATION.—In developing the stand- 13 ard under this subsection, the Secretary shall con- 14 sult with professional associations and representa- 15 tives of the employees in the occupations and sectors 16 described in subparagraphs (A) through (C) of para- 17 graph (1) and the employers of such employees. 18 (3) ENFORCEMENT DISCRETION.—If the Sec- 19 retary of Labor determines it is not feasible for an 20 employer to comply with a requirement of the stand- 21 ard promulgated under this subsection (such as a 22 shortage of the necessary personal protective equip- 23 ment), the Secretary may exercise discretion in the 24 enforcement of such requirement if the employer 25 demonstrates that the employer— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 231 1 (A) is exercising due diligence to come into 2 compliance with such requirement; and 3 (B) is implementing alternative methods 4 and measures to protect employees. 5 (4) EXTENSION OF STANDARD.—Notwith- 6 standing paragraphs (2) and (3) of section 6(c) of 7 the Occupational Safety and Health Act of 1970 (29 8 U.S.C. 655(c)), the emergency temporary standard 9 promulgated under this subsection shall be in effect 10 until the date on which the final standard promul- 11 gated under subsection (b) is in effect. 12 (5) STATE PLAN ADOPTION.—With respect to a 13 State with a State plan that has been approved by 14 the Secretary of Labor under section 18 of the Oc- 15 cupational Safety and Health Act of 1970 (29 16 U.S.C. 667), not later than 14 days after the date 17 of enactment of this Act, such State shall promul- 18 gate an emergency temporary standard that is at 19 least as effective in protecting from occupational ex- 20 posure to SARS–CoV–2 the employees in the occu- 21 pations and sectors described in subparagraphs (A) 22 through (C) of paragraph (1) as the emergency tem- 23 porary standard promulgated under this subsection. 24 (6) EMPLOYER 25 DEFINED.—For purposes of the standard promulgated under this subsection, the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 232 1 term ‘‘employer’’ under section 3 of the Occupa- 2 tional Safety and Health Act of 1970 (29 U.S.C. 3 652) includes any State or political subdivision of a 4 State, except for those already subject to the juris- 5 diction of a State plan approved under Section 18(b) 6 of the Occupational Safety and Health Act of 1970. 7 (7) INAPPLICABLE PROVISIONS OF LAW AND 8 EXECUTIVE ORDER.—The 9 of title V, United States Code (commonly referred to 10 as the ‘‘Regulatory Flexibility Act’’), subchapter I of 11 chapter 35 of title 44, United States Code (com- 12 monly referred to as the ‘‘Paperwork Reduction 13 Act’’), and Executive Order 12866 (58 Fed. Reg. 14 190; relating to regulatory planning and review), as 15 amended, shall not apply to the standard promul- 16 gated under this subsection. 17 (b) PERMANENT STANDARD.—Not later than 24 requirements of chapter 6 18 months after the date of enactment of this Act, the Sec19 retary of Labor shall promulgate a final standard— 20 (1) to protect employees from occupational ex- 21 posure to infectious pathogens, including novel 22 pathogens; and 23 (2) that shall be effective and enforceable in the 24 same manner and to the same extent as a standard L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 233 1 promulgated under section 6(b) of the Occupational 2 Safety and Health Act of 1970 (29 U.S.C. 655(b)). 3 (c) REQUIREMENTS.—Each standard promulgated 4 under this section shall— 5 (1) require the employers of the employees in 6 the occupations and sectors described in subpara- 7 graphs (A) through (C) of subsection (a)(1) to de- 8 velop and implement a comprehensive infectious dis- 9 ease exposure control plan; 10 (2) provide no less protection for novel patho- 11 gens than precautions mandated by standards 12 adopted by a State plan that has been approved by 13 the Secretary of Labor under section 18 of the Oc- 14 cupational Safety and Health Act of 1970 (296 15 U.S.C. 667); and 16 (3) incorporate, as appropriate— 17 (A) guidelines issued by the Centers for 18 Disease Control and Prevention, and the Na- 19 tional Institute for Occupational Safety and 20 Health, which are designed to prevent the 21 transmission of infectious agents in healthcare 22 settings; and 23 (B) relevant scientific research on novel 24 pathogens. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 234 1 SEC. 40003. SURVEILLANCE, TRACKING, AND INVESTIGA- 2 TION OF WORK-RELATED CASES OF COVID–19 3 AMONG HEALTH CARE WORKERS. 4 The Director of the Centers for Disease Control and 5 Prevention, in conjunction with the Director of the Na6 tional Institute for Occupational Safety and Health, 7 shall— 8 (1) collect and analyze case reports and other 9 data on COVID–19, to identify and evaluate the ex- 10 tent, nature, and source of COVID–19 among em- 11 ployees in the occupations and sectors described in 12 subparagraphs (A) through (C) of section 2(a)(1); 13 (2) investigate, as appropriate, individual cases 14 of COVID–19 among such employees to evaluate the 15 source of exposure and adequacy of infection and ex- 16 posure control programs and measures; 17 (3) provide regular periodic reports on COVID– 18 19 disease among such employees to the public; and 19 (4) based on such reports and investigations 20 make recommendations on needed actions or guid- 21 ance to protect such employees from COVID–19. 22 24 DIVISION E—COVID–19 WORKFORCE EMERGENCY RESPONSE ACT OF 2020 25 SEC. 50001. SHORT TITLE. 23 26 (a) SHORT TITLE.—This Act may be cited as the . L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 235 1 SEC. 50002. DEFINITIONS. 2 In this Act: 3 (1) CORONAVIRUS.—The term ‘‘coronavirus’’ 4 means coronavirus as defined in section 506 of the 5 Coronavirus Preparedness and Response Supple- 6 mental Appropriations Act, 2020 (Public Law 116– 7 123). 8 (2) COVID–19 NATIONAL EMERGENCY.—The 9 term ‘‘COVID–19 national emergency’’ means the 10 national emergency declared by the President under 11 the National Emergencies Act (50 U.S.C. 1601 et 12 seq.) on March 13, 2020, with respect to the 13 coronavirus. 14 (3) SECRETARY.—The term ‘‘Secretary’’ means 15 the Secretary of Labor. 16 (4) WIOA TERMS.—Except as otherwise pro- 17 vided, the terms in this Act have the meanings given 18 the terms in section 3 of the Workforce Innovation 19 and Opportunity Act (29 U.S.C. 3102). 20 SEC. 50003. WORKFORCE RESPONSE ACTIVITIES. 21 (a) IN GENERAL.—The purpose of this section is to 22 provide the increased flexibility needed for State and local 23 areas to provide continuity of services during the COVID– 24 19 national emergency. 25 (b) ADMINISTRATIVE COSTS.—Notwithstanding sec- 26 tion 128(b)(4) of the Workforce Innovation and OpporL:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 236 1 tunity Act (29 U.S.C. 3163(b)(4)), of the funds allocated 2 to a local area, including a single State local area, under 3 subtitle B of title I of such Act (29 U.S.C. 3151 et seq.) 4 that remain unobligated for program year 2019, an 5 amount up to 20 percent may be used for the administra6 tive costs of carrying out local workforce investment activi7 ties under chapter 2 or chapter 3 of subtitle B of title 8 I of such Act (29 U.S.C. 3151 et seq.), as long as any 9 amount used under this subsection that exceeds the 10 amount authorized for administrative costs under section 11 128(b)(4)(A) of such Act (29 U.S.C. 3163(b)(4)) is used 12 to respond to the COVID–19 national emergency. 13 (c) RAPID RESPONSE ACTIVITIES.— 14 (1) STATEWIDE RAPID RESPONSE.—Of the re- 15 served by a Governor under section 128(a) of the 16 Workforce Innovation and Opportunity Act (29 17 U.S.C. 3163(a)) for statewide activities that remain 18 unobligated for program year 2019, such funds may 19 be used for the statewide rapid response activities 20 described in section 134(a)(2)(A) of such Act (29 21 U.S.C. 22 COVID–19 national emergency. 23 3174(a)(2)(A)) (2) LOCAL for BOARDS.—Of responding to the the funds reserved by 24 a Governor under section 133(a)(2) of such Act (29 25 U.S.C. 3173(a)(2)) that remain unobligated for pro- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 237 1 gram year 2019, such funds may be distributed by 2 the Governor not later than 30 days after the date 3 of enactment of this Act to local boards most im- 4 pacted by the coronavirus, at the determination of 5 the Governor, for rapid response activities related to 6 responding to the COVID–19 national emergency. 7 SEC. 50004. NATIONAL DISLOCATED WORKER GRANTS. 8 (a) IN GENERAL.—The Secretary shall award grants 9 under section 170 of the Workforce Innovation and Oppor10 tunity Act (29 U.S.C. 3225) for the purposes— 11 (1) described subsections (b)(1) and (d) of such 12 section 170 related to the COVID–19 national emer- 13 gency; and 14 (2) of responding to subsequent emergency or 15 disasters or mass layoffs as described in section 16 170(a)(1) of such Act. 17 (b) 18 COVID–19 NATIONAL EMERGENCY RE- SPONSE.— 19 (1) IN GENERAL.—Of funds made available 20 under this section, national dislocated worker grants 21 may be awarded by the Secretary as described in 22 section 170 of the Workforce Innovation and Oppor- 23 tunity Act (29 U.S.C. 3225) to respond to the 24 COVID–19 national emergency. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 238 1 (2) USES OF FUNDS.—Any grant awarded 2 under this section shall used for activities directly 3 supporting the response to the COVID–19 national 4 emergency, and recovery efforts related to such 5 emergency, which shall include the following: 6 (A) TRAINING AND TEMPORARY EMPLOY- 7 MENT.—Training 8 respond to the COVID–19 national emergency, 9 such as positions or assignments— and temporary employment to 10 (i) delivering medicine, food, or other 11 supplies to older individuals, individuals 12 with disabilities, and other individuals with 13 respiratory conditions and other chronic 14 medical disorders; 15 (ii) helping set up quarantine areas 16 and providing assistance to quarantined in- 17 dividuals, including transportation; 18 (iii) organizing and coordinating re- 19 covery, quarantine, or other related activi- 20 ties; 21 (iv) cleaning public buildings, public 22 transportation facilities or equipment, or 23 sanitizing quarantine or treatment areas 24 after their use, or other related cleanup or 25 sanitizing activities; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 239 1 (v) in the sector directly responding to 2 the COVID–19 national emergency such as 3 childcare, health care, public service, and 4 transportation. 5 (B) LAYOFF RESPONSE.—Activities re- 6 sponding to layoffs of 50 or more individuals 7 laid off by one employer, or areas where there 8 are significant layoffs that significantly increase 9 unemployment in a given community, such as in 10 the hospitality, transportation, manufacturing, 11 and retail industry sectors or occupations. 12 (c) PRIORITY.—In awarding grants under this sec- 13 tion, the Secretary shall give priority to State or local 14 areas most impacted by the COVID–19 national emer15 gency as determined by the Secretary. 16 (d) AUTHORIZATION OF APPROPRIATIONS.—There 17 are authorized to be appropriated to carry this section 18 $500,000,000 to be expended through fiscal year 2022. 19 SEC. 50005. STATE DISLOCATED WORKER GRANTS RE- 20 SPONDING TO THE COVID–19 EMERGENCY. 21 (a) DISTRIBUTION OF FUNDS.— 22 (1) STATES.—From the amounts appropriated 23 under subsection (d), the Secretary shall make allot- 24 ments to States in accordance with section 132(b)(2) 25 of the Workforce Innovation and Opportunity Act. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 240 1 (2) LOCAL AREAS.—Not later than 30 days 2 after a State receives an allotment under paragraph 3 (1), the State shall allocate such funds to local areas 4 in accordance with section 133(b)(2)(B) of the 5 Workforce Innovation and Opportunity Act. 6 (b) REQUIRED USES.—Each State and local area 7 shall use the funds received under this section to engage 8 in the dislocated worker response activities described in 9 section 133(b)(2)(B) of the Workforce Innovation and Op10 portunity Act (29 U.S.C. 3173(b)(2)(B)) to support layoff 11 aversion and provide necessary supports to unemployed in12 dividuals and to employers facing layoffs due to the im13 pacts of the COVID–19 national emergency. 14 (c) COVID–19 DISLOCATED WORKER EMERGENCY 15 RESPONSE.—The dislocated worker response activities 16 shall include the following: 17 (1) RAPID RESPONSE ACTIVITIES.—The State, 18 in coordination with impacted local areas, shall carry 19 out rapid response activities as described in section 20 134(a)(2)(A) of the Workforce Innovation and Op- 21 portunity Act (29 U.S.C. 3174) to engage with em- 22 ployers and employees where layoffs have occurred 23 or are occurring as a result of the COVID–19 na- 24 tional emergency, such as short-time compensation 25 programs. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 241 1 (2) DISLOCATED WORKER ACTIVITIES.—Coordi- 2 nating projects for individuals impacted by mass lay- 3 offs as a result of the COVID–19 national emer- 4 gency, including activities targeted at immediate re- 5 employment, career navigation services, supportive 6 services, provision of information on in-demand and 7 declining industries, access to digital literacy skills 8 training, and other layoff support or further layoff 9 aversion strategies through adult employment and 10 training activities. 11 (d) AUTHORIZATION OF APPROPRIATIONS.—There 12 are authorized to be appropriated to carry out the activi13 ties described in this section $2,000,000,000 to be ex14 pended through the end of fiscal year 2022. 15 SEC. 50006. YOUTH WORKFORCE INVESTMENT ACTIVITIES 16 RESPONDING TO THE COVID–19 NATIONAL 17 EMERGENCY. 18 (a) DISTRIBUTION OF FUNDS.— 19 (1) STATES.—From the amounts appropriated 20 under subsection (d), the Secretary shall make allot- 21 ments to States in accordance with section 127(b) of 22 the Workforce Innovation and Opportunity Act. 23 (2) LOCAL AREAS.—Not later than 30 days 24 after a State receives an allotment under paragraph 25 (1), the State shall allocate such funds to local areas L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 242 1 in accordance with section 128 of the Workforce In- 2 novation and Opportunity Act. 3 (b) USES OF FUNDS.— 4 (1) IN GENERAL.—In using the funds received 5 under this section, each State and local area shall 6 prioritize providing summer and year-round employ- 7 ment for youth, especially for youth age 21 and 8 under, who may be disproportionately impacted by 9 diminished labor market opportunities for summer 10 jobs or year round employment due to the economic 11 impacts of the COVID–19 national emergency. 12 (2) YOUTH 13 WORKFORCE INVESTMENT ACTIVI- TIES.— 14 (A) SUMMER EMPLOYMENT OPPORTUNI- 15 TIES FOR AT-RISK YOUTH.—Of 16 ceived under this section, not less than 50 per- 17 cent of funds shall be used to support summer 18 youth employment for in-school and out-of- 19 school youth with a priority for out-of-school 20 youth and youth with multiple barriers to em- 21 ployment, and shall include support for em- 22 ployer partnerships for youth employment and 23 subsidized youth employment. 24 (B) OTHER 25 the funds re- ACTIVITIES.—Any amounts not used to carry out the activities described in sub- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 243 1 paragraph (A) shall be used by State and local 2 boards for purposes of— 3 (i) supporting in-school and out-of- 4 school youth attach or reattach to edu- 5 cation and career pathways 6 (ii) education and training activities 7 to support credential attainment; 8 (iii) subsidized employment; 9 (iv) work-readiness training and edu- 10 cational programs aligned to career path- 11 ways; 12 (v)(I) engage or establish industry or 13 sector partnerships to determine job needs 14 for youth employment; and 15 (II) conducting outreach to youth and 16 employers; 17 (vi) coaching and mentoring services 18 for participating youth, including career 19 exploration, career counseling, career plan- 20 ning, and college planning services for par- 21 ticipating youth; 22 (vii) coaching and mentoring services 23 for employers on how to successfully em- 24 ploy each participating youth in meaning- 25 ful work; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 244 1 (viii) providing supportive services to 2 youth to enable participation in the pro- 3 gram, including follow-up services for not 4 less than 12 months after the completion 5 of participation, as appropriate; 6 (ix) coordinating activities under this 7 section with State and local education 8 agencies around academic calendars in re- 9 sponse to the COVID–19 national emer- 10 gency; and 11 (x) the activities described in section 12 129(b) of the Workforce Innovation and 13 Opportunity Act (29 U.S.C. 3164). 14 (c) GENERAL PROVISIONS.— 15 (1) LOCAL PLAN.—Activities carried out under 16 this section shall not conflict with the local plan sub- 17 mitted by the local board under section 108 of the 18 Workforce Innovation and Opportunity Act (29 19 U.S.C. 3123), as determined by the Governor. 20 (2) EMPLOYER SHARE OF WAGES.—Any funds 21 dedicated to youth placement in summer or year- 22 round employment under this section shall require 23 not less than 25 percent of the wages of each eligible 24 youth participating in the program to be paid by the 25 employer, except this requirement may be waived for L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 245 1 not more than 10 percent of eligible youth partici- 2 pating in the program that have a barrier to employ- 3 ment, which may waived for employers facing finan- 4 cial hardship due to the COVID–19 national emer- 5 gency. 6 (d) AUTHORIZATION OF APPROPRIATIONS.—There 7 are authorized to be appropriated to carry out the activi8 ties described in this section $1,500,000,000 to be ex9 pended through the end of fiscal year 2022. 10 SEC. 50007. ADULT EMPLOYMENT AND TRAINING ACTIVI- 11 TIES RESPONDING TO THE COVID–19 NA- 12 TIONAL EMERGENCY. 13 (a) DISTRIBUTION OF FUNDS.— 14 (1) STATES.—From the amounts appropriated 15 under subsection (d), the Secretary shall make allot- 16 ments to States in accordance with section 132(b)(1) 17 of the Workforce Innovation and Opportunity Act. 18 (2) LOCAL AREAS.—Not later than 30 days 19 after a State receives an allotment under paragraph 20 (1), the State shall allocate such funds to local areas 21 in accordance with section 128 of the Workforce In- 22 novation and Opportunity Act. 23 (b) USES OF FUNDS.— 24 (1) IN 25 GENERAL.—Each State and local area shall use the funds received under this section to en- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 246 1 gage in adult employment and training activities as 2 described in section 134 of the Workforce Innovation 3 and Opportunity Act (29 U.S.C. 3174) to provide 4 necessary supports to workers underemployed or 5 most at-risk of unemployment, and coordinate with 6 employers facing economic hardship or employment 7 challenges due to the economic impacts of the 8 COVID–19 national emergency. 9 (2) COVID–19 10 ADULT EMPLOYMENT AND TRAINING ACTIVITIES.— 11 (A) PRIORITY.—In using funds received 12 under this section, a State and local area shall 13 prioritize training and employment and layoff 14 aversion strategies and services for workers and 15 employers facing economic hardships due to the 16 COVID–19 national emergency, including sup- 17 portive services and career planning by carrying 18 out the activities described in subparagraphs 19 (B) and (C). 20 (B) SERVICES TO EMPLOYERS IMPACTED 21 BY THE COVID–19 NATIONAL EMERGENCY.— 22 The activities described in this subparagraph 23 are activities supporting employee retention 24 strategies for employers facing economic hard- 25 ship as a result of the COVID–19 national L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 247 1 emergency, such as on-the-job training, cus- 2 tomized training, and incumbent worker train- 3 ing, with funds used to reimburse employers for 4 50 percent of wages while incumbent workers 5 are in training, and Short-Time Compensation 6 programs. 7 (C) UNDEREMPLOYMENT AND EMPLOY- 8 MENT SUPPORTS.—The 9 this subparagraph are activities supporting 10 strategies to provide support to workers facing 11 underemployment, individuals seeking work, or 12 who are adversely impacted by economic 13 changes within their communities due to the 14 COVID–19 national emergency, including— activities described in 15 (i) work-based learning opportunities 16 including internships, paid work experience 17 opportunities, transitional employment, or 18 apprenticeships; 19 (ii) career navigation supports to en- 20 able workers to find new potential path- 21 ways to in-demand careers and the nec- 22 essary training to support those career 23 pathways; 24 (iii) provision of virtual services and 25 employment and training activities during L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 248 1 the period of the COVID–19 national 2 emergency; and 3 (iv) other services and activities as de- 4 scribed under section 134 of the Workforce 5 Innovation 6 U.S.C. 3174). 7 and Opportunity Act (29 (c) LOCAL PLAN.—Activities carried out under this 8 section shall not conflict with the local plan submitted by 9 the local board under section 108 of the Workforce Inno10 vation and Opportunity Act (29 U.S.C. 3123), as deter11 mined by the Governor. 12 (d) AUTHORIZATION OF APPROPRIATIONS.—There 13 are authorized to be appropriated to carry out this section 14 $1,000,000,000 to be expended through the end of fiscal 15 year 2022. 16 SEC. 50008. EMPLOYMENT SERVICE COVID–19 NATIONAL 17 EMERGENCY RESPONSE FUND. 18 (a) IN GENERAL.—From the funds appropriated 19 under subsection (c), the Secretary make allotments to 20 States in accordance with section 6 of the Wagner-Peyser 21 Act (29 U.S.C. 49e) 22 (b) USES OF FUNDS.—Funds under this section will 23 provide States additional supports for supporting employ24 ment service public employees in providing reemployment 25 services for unemployed and underemployed workers em- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 249 1 ployers impacted by the COVID–19 national emergency, 2 including those receiving unemployment insurance as a re3 sult of the emergency, providing for services such as reem4 ployment services, job search assistance, job matching 5 services based on experience of workers, and helping em6 ployers dealing with layoffs. 7 (c) AUTHORIZATION OF APPROPRIATIONS.—There 8 are authorized to be appropriated to carry out the activi9 ties described in this section $50,000,000 to be expended 10 through the end of fiscal year 2022 and distributed as de11 scribed in. 12 SEC. 50009. GENERAL PROVISION. 13 (a) SUPPLEMENT AND NOT SUPPLANT.—Any funds 14 made available for this Act shall supplement and not sup15 plant other State or local public funds expended for em16 ployment and training programs or other activities funded 17 under the Workforce Innovation and Opportunity Act (29 18 U.S.C. 3164). 19 (b) EVALUATIONS.—All activities carried out under 20 this Act shall be subject to— 21 (1) performance accountability as described in 22 section 116 of the Workforce Innovation and Oppor- 23 tunity Act (29 U.S.C. 3141); and 24 (2) rigorous evaluation of such program using 25 research approaches appropriate to the level of de- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 250 1 velopment and maturity of the program, including 2 random assignment or quasi-experimental impact 3 evaluations, implementation evaluations, pre-experi- 4 mental studies, and feasibility studies. 5 (c) AUTHORIZATION OF APPROPRIATIONS.—There 6 are authorized to be appropriated such sums as necessary 7 for Program Administration and Departmental Manage8 ment of the Department of Labor to support the adminis9 tration of the funds for this Act. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 251 2 DIVISION F—FAMILY SUPPORT PROVISIONS 3 SEC. 60001. CONTINUED SAFE OPERATION OF CHILD WEL- 4 FARE PROGRAMS AND SUPPORT FOR OLDER 5 FOSTER YOUTH. 1 6 (a) FUNDING INCREASES.— 7 (1) GENERAL PROGRAM.—The dollar amount 8 specified in section 477(h)(1) of the Social Security 9 Act 10 for fiscal year 2020 is deemed to be $185,900,000. 11 (2) EDUCATION AND TRAINING VOUCHERS.— 12 The dollar amount specified in section 477(h)(2) of 13 such Act for fiscal year 2020 is deemed to be 14 $78,000,000. 15 (b) PROGRAMMATIC FLEXIBILITY.—With respect to 16 the period that begins on March 1, 2020, and ends with 17 the close of calendar year 2020: 18 (1) ELIMINATION OF AGE LIMITATIONS ON ELI- 19 GIBILITY FOR ASSISTANCE.—Eligibility 20 or assistance under a State program operated pursu- 21 ant to section 477 of the Social Security Act shall 22 be provided without regard to the age of the recipi- 23 ent. 24 (2) SUSPENSION 25 for services OF WORK AND EDUCATION RE- QUIREMENTS UNDER THE EDUCATION AND TRAIN- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 252 1 ING VOUCHER PROGRAM.—Section 2 Social Security Act shall be applied and adminis- 3 tered without regard to any work or education re- 4 quirement. 5 (3) AUTHORITY 477(i)(3) of the TO WAIVE LIMITATION ON PER- 6 CENTAGE OF FUNDS USED FOR HOUSING ASSIST- 7 ANCE.—The 8 ices (in this subsection referred to as the ‘‘Sec- 9 retary’’) may apply and administer section 477 of 10 the Social Security Act without regard to subsection 11 (b)(3)(B) of such section. 12 (4) AUTHORITY Secretary of Health and Human Serv- TO WAIVE RULES CONFLICTING 13 WITH NEEDED ASSISTANCE AND SERVICES.—The 14 Secretary may waive any requirement imposed by or 15 under part B or E of title IV of the Social Security 16 Act (including any limitation on the ability of con- 17 tractors pursuant to such part B or E to apply for 18 no-cost contract extensions) that the Secretary 19 deems to be in conflict with using funds made avail- 20 able pursuant to this section or other statutes for 21 the provision of financial, education, work, housing, 22 and other assistance and services needed in response 23 to the public health emergency declared by the Sec- 24 retary pursuant to section 319 of the Public Health 25 Service Act on January 31, 2020, entitled ‘‘Deter- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 253 1 mination that a Public Health Emergency Exists 2 Nationwide as the Result of the 2019 Novel 3 Coronavirus’’. 4 (5) AUTHORITY OF STATES TO DETERMINE 5 HOW DAILY ACTIVITIES MAY BE CONDUCTED RE- 6 MOTELY.—The 7 termine how daily activities under the State plan de- 8 veloped under part B of title IV of the Social Secu- 9 rity Act and the State program funded under section 10 477 of such Act may be conducted through elec- 11 tronic means to comply with public health guidelines 12 relating to social distancing, including conducting 13 any required court proceedings pertaining to chil- 14 dren in care. In making any such determination, the 15 State shall work to ensure that the safety and health 16 of each child in care remains paramount. 17 Secretary may allow a State to de- (6) COUNTING OF REMOTE CASEWORKER VISITS 18 AS IN-PERSON VISITS.—In 19 who has attained 18 years of age and with respect 20 to whom foster care maintenance payments are 21 being made under a State plan approved under part 22 E of title IV of the Social Security Act, caseworker 23 contact with the child that includes visual and audi- 24 tory contact and which is conducted solely by elec- 25 tronic means is deemed an in-person visit to the the case of a foster child L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 254 1 child by the caseworker for purposes of section 2 424(f)(1)(A) of such Act if the child is visited by the 3 caseworker in person not less than once every 6 4 months while in such care. 5 (7) ELIMINATION OF EDUCATION AND EMPLOY- 6 MENT 7 YOUTH.—The 8 of 9 475(8)(B)(iv) of the Social Security Act. 10 REQUIREMENTS FOR CERTAIN FOSTER Secretary may waive the applicability subclauses (I) through (IV) of section (c) STATE DEFINED.—In subsection (a), the term 11 ‘‘State’’ has the meaning given the term in section 12 1101(a) of the Social Security Act for purposes of title 13 IV of the Social Security Act, and includes an Indian tribe, 14 tribal organization, or tribal consortium with an applica15 tion and plan approved under this section 477(j) of such 16 Act for fiscal year 2020. 17 SEC. 60002. ALLOWING HOME VISITING PROGRAMS TO CON- 18 TINUE SERVING FAMILIES SAFELY. 19 (a) IN GENERAL.—For purposes of section 511 of the 20 Social Security Act, during the period that begins on Feb21 ruary 1, 2020, and ends with the close of calendar year 22 2020— 23 (1) a virtual home visit shall be considered a 24 home visit; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 255 1 (2) funding for, and staffing levels of, a pro- 2 gram conducted pursuant to such section shall not 3 be reduced on account of reduced enrollment in the 4 program; and 5 (3) funds provided for such a program may be 6 used— 7 (A) to train home visitors in conducting a 8 virtual home visit and in emergency prepared- 9 ness and response planning for families served; 10 (B) for the acquisition by families enrolled 11 in the program of such technological means as 12 are needed to conduct and support a virtual 13 home visit; and 14 (C) to provide emergency supplies (such as 15 diapers, formula, non-perishable food, water, 16 hand soap and hand sanitizer) to families 17 served. 18 (b) VIRTUAL HOME VISIT DEFINED.—In subsection 19 (a), the term ‘‘virtual home visit’’ means a visit that is 20 conducted solely by electronic means. 21 (c) AUTHORITY TO DELAY DEADLINES.— 22 (1) IN GENERAL.—The Secretary of Health and 23 Human Services may extend the deadline by which 24 a requirement of section 511 of the Social Security L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 256 1 Act must be met, by such period of time as the Sec- 2 retary deems appropriate. 3 (2) GUIDANCE.—The Secretary shall provide to 4 eligible entities funded under section 511 of the So- 5 cial Security Act information on the parameters 6 used in extending a deadline under paragraph (1) of 7 this subsection. 8 SEC. 60003. EMERGENCY FLEXIBILITY FOR CHILD SUPPORT 9 PROGRAMS. 10 (a) IN GENERAL.—With respect to the period that 11 begins on March 1, 2020, and ends with the close of cal12 endar year 2021: 13 (1) The Secretary of Health and Human Serv- 14 ices (in this subsection referred to as the ‘‘Sec- 15 retary’’) may increase any percentage in effect for 16 purposes of section 455(a)(1) of the Social Security 17 Act to not more than 100 percent. 18 (2) On application of an Indian tribe therefor, 19 the Secretary may waive any matching funds re- 20 quirement imposed on the tribe under section 455(f) 21 of such Act. 22 (3) Paragraphs (2) and (8) of section 409(a) of 23 such Act shall have no force or effect. 24 (4) The Secretary may exempt a State from 25 any requirement of section 466 of such Act. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 257 1 (5) The Secretary may not impose a penalty or 2 take any other adverse action against a State pursu- 3 ant to section 452(g)(1) of such Act for failure to 4 achieve a paternity establishment percentage of less 5 than 90 percent. 6 (6) The Secretary may not find that the pater- 7 nity establishment percentage for a State is not 8 based on reliable data for purposes of section 9 452(g)(1) of such Act, and the Secretary may not 10 determine that the data which a State submitted 11 pursuant to section 452(a)(4)(C)(i) of such Act and 12 which is used in determining a performance level is 13 not complete or reliable for purposes of section 14 458(b)(5)(B) of such Act, on the basis of the failure 15 of the State to submit OCSE Form 396 or 34 in a 16 timely manner. 17 (7) The Secretary may not impose a penalty or 18 take any other adverse action against a State for 19 failure to comply with section 454A(g)(1)(A)(i) of 20 such Act. 21 (8) The Secretary may not disapprove a State 22 plan submitted pursuant to part D of title IV of 23 such Act for failure of the plan to meet the require- 24 ment of section 454(1) of such Act, and may not im- 25 pose a penalty or take any other adverse action L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 258 1 against a State with such a plan that meets that re- 2 quirement for failure to comply with that require- 3 ment. 4 (9) To the extent that a preceding provision of 5 this section applies with respect to a provision of law 6 applicable to a program operated by an Indian tribe 7 or tribal organization (as defined in subsections (e) 8 and (l) of section 4 of the Indian Self-Determination 9 and Education Assistance Act (25 U.S.C. 450b)), 10 that preceding provision shall apply with respect to 11 the Indian tribe or tribal organization. 12 (b) STATE DEFINED.—In subsection (a), the term 13 ‘‘State’’ has the meaning given the term in section 14 1101(a) of the Social Security Act for purposes of title 15 IV of such Act. 16 SEC. 60004. EMERGENCY FLEXIBILITY FOR STATE TANF 17 PROGRAMS. 18 (a) STATE PROGRAMS.—Sections 407 and 408(a)(7) 19 of the Social Security Act shall have no force or effect 20 during the applicable period, and paragraphs (3), (9), 21 (14), and (15) of section 409(a) of such Act shall not 22 apply with respect to conduct engaged in during the pe23 riod. 24 (b) TRIBAL PROGRAMS.—The minimum work partici- 25 pation requirements and time limits established under sec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 259 1 tion 412(c) of the Social Security Act shall have no force 2 or effect during the applicable period, and the penalties 3 established under such section shall not apply with respect 4 to conduct engaged in during the period. 5 (c) PENALTY FOR NONCOMPLIANCE.— 6 (1) IN GENERAL.—If the Secretary of Health 7 and Human Services finds that a State or an Indian 8 tribe has imposed a work requirement as a condition 9 of receiving assistance, or a time limit on the provi- 10 sion of assistance, under a program funded under 11 part A of title IV of the Social Security Act or any 12 program funded with qualified State expenditures 13 (as defined in section 409(a)(7)(B)(i) of such Act) 14 during the applicable period, or has imposed a pen- 15 alty for failure to comply with a work requirement 16 during the period, the Secretary shall reduce the 17 grant payable to the State under section 403(a)(1) 18 of such Act or the grant payable to the tribe under 19 section 412(a)(1) of such Act, as the case may be, 20 for fiscal year 2021 by an amount equal to 5 percent 21 of the State or tribal family assistance grant, as the 22 case may be. 23 (2) APPLICABILITY OF CERTAIN PROVISIONS.— 24 For purposes of subsections (c) and (d) of section 25 409 of the Social Security Act, paragraph (1) of this L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 260 1 subsection shall be considered to be included in sec- 2 tion 409(a) of such Act. 3 (d) DEFINITIONS.—In this section: 4 (1) APPLICABLE PERIOD.—The term ‘‘applica- 5 ble period’’ means the period that begins on March 6 1, 2020, and ends with the close of calendar year 7 2020. 8 (2) WORK REQUIREMENT.—The term ‘‘work re- 9 quirement’’ means a requirement to engage in a 10 work activity (as defined in section 407(d) of the So- 11 cial Security Act). 12 (3) OTHER TERMS.—Each other term has the 13 meaning given the term in section 419 of the Social 14 Security Act. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00260 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 261 4 DIVISION G—HEALTH PROVISIONS TITLE ll—CHILD CARE FOR ESSENTIAL WORKERS 5 SEC. 7ll01. STATE FUNDING TO ENSURE THAT ESSENTIAL 1 2 3 6 WORKERS CAN ACCESS CHILD CARE. 7 (a) INCREASE IN FUNDING.— 8 (1) IN GENERAL.—The amount specified in 9 subsection (c) of section 2003 of the Social Security 10 Act for purposes of subsections (a) and (b) of such 11 section is deemed to be $2,550,000,000 for fiscal 12 year 2020, of which $850,000,000 shall be obligated 13 by States during calendar year 2020 in accordance 14 with subsection (b) of this section. 15 (2) APPROPRIATION.—Out of any money in the 16 Treasury of the United States not otherwise appro- 17 priated, there are appropriated $850,000,000 for fis- 18 cal year 2020 to carry out this section. 19 (b) RULES GOVERNING USE OF ADDITIONAL 20 FUNDS.— 21 (1) IN 22 GENERAL.—Funds are used in accord- ance with this subsection if— 23 (A) the funds are used for— 24 (i) child care services for a child of an 25 essential worker; or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 262 1 (ii) daytime care services or other 2 adult protective services for an individual 3 who— 4 (I) is a dependent, or a member 5 of the household of, an essential work- 6 er; and 7 (II) requires the services; 8 (B) the funds are provided to reimburse an 9 essential worker for the cost of obtaining the 10 services (including child care services obtained 11 on or after the date the Secretary of Health 12 and Human Services declared a public health 13 emergency pursuant to section 319 of the Pub- 14 lic Health Service Act on January 31, 2020, en- 15 titled ‘‘Determination that a Public Health 16 Emergency Exists Nationwide as the Result of 17 the 2019 Novel Coronavirus’’), to a provider of 18 child care services, or to establish a temporary 19 child care facility operated by a State or local 20 government; 21 (C) eligibility for the funds or services, and 22 the amount of funds or services provided, is not 23 conditioned on a means test; 24 (D) the funds are used subject to the limi- 25 tations in section 2005 of the Social Security L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 263 1 Act, except that, for purposes of this subpara- 2 graph— 3 (i) paragraphs (3), (5), and (8) of sec- 4 tion 2005(a) of such Act shall not apply; 5 and 6 (ii)(I) the limitation in section 7 2005(a)(7) of such Act shall not apply 8 with respect to any standard which the 9 State involved determines would impede 10 the ability of the State to provide emer- 11 gency temporary care to a child, depend- 12 ent, or household member referred to in 13 subparagraph (A) of this paragraph; and 14 (II) if the State determines that such 15 a standard would be so impeding, the 16 State shall report the determination to the 17 Secretary, separately from the annual re- 18 port to the Secretary by the State; 19 (E) the funds are used to supplement, not 20 supplant, State general revenue funds for child 21 care assistance; 22 (F) the funds are not used for child care 23 costs that are— 24 (i) covered by funds provided under 25 the Child Care and Development Block L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 264 1 Grant Act of 1990 or section 418 of the 2 Social Security Act; or 3 (ii) reimbursable by the Federal 4 Emergency Management Agency; and 5 (G) the funds are used in consultation with 6 the lead agency for administration of the Child 7 Care and Development Fund. 8 (2) ESSENTIAL WORKER DEFINED.—In para- 9 graph (1), the term ‘‘essential worker’’ means— 10 (A) a health sector employee; 11 (B) an emergency response worker; 12 (C) a sanitation worker; 13 (D) a worker at a business which a State 14 or local government official has determined 15 must remain open to serve the public during the 16 emergency referred to in paragraph (1)(B); and 17 (E) any other worker who cannot telework, 18 and whom the State deems to be essential dur- 19 ing the emergency referred to in paragraph 20 (1)(B). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 265 4 DIVISION H—EMERGENCY CORONAVIRUS PANDEMIC UNEMPLOYMENT COMPENSATION ACT OF 2020 5 SEC. 80001. SHORT TITLE. 1 2 3 6 7 This division may be cited as the . SEC. 80002. TABLE OF CONTENTS. 8 The table of contents for this division is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—FEDERAL BENEFIT ENHANCEMENTS Sec. 101. Emergency increase in unemployment compensation benefits. Sec. 102. Temporary financing of short-time compensation payments in States with programs in law. Sec. 103. Temporary financing of short-time compensation agreements. Sec. 104. Emergency flexibility for short-time compensation. Sec. 105. Grants for short-time compensation programs. Sec. 106. Emergency extended benefit period for 2020. TITLE II—EXPANDED ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION Sec. 201. Pandemic Self-Employment and Job Entrant Compensation. TITLE III—RELIEF FOR GOVERNMENTAL AND NONPROFIT ENTITIES Sec. 301. Emergency unemployment relief for governmental entities and nonprofit organizations. TITLE IV—EMERGENCY ASSISTANCE FOR RAIL WORKERS Sec. 401. Treatment of payments from the Railroad Unemployment Insurance Account. Sec. 402. Waiver of the 7-day waiting period for benefits under the Railroad Unemployment Insurance Act. Sec. 403. Enhanced benefits under the Railroad Unemployment Insurance Act. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00265 Fmt 6652 Sfmt 6211 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 266 2 TITLE I—FEDERAL BENEFIT ENHANCEMENTS 3 SEC. 80101. EMERGENCY INCREASE IN UNEMPLOYMENT 1 4 COMPENSATION BENEFITS. 5 (a) FEDERAL-STATE AGREEMENTS.—Any State 6 which desires to do so may enter into and participate in 7 an agreement under this section with the Secretary of 8 Labor (hereinafter in this section referred to as the ‘‘Sec9 retary’’). Any State which is a party to an agreement 10 under this section may, upon providing 30 days’ written 11 notice to the Secretary, terminate such agreement. 12 (b) PROVISIONS OF AGREEMENT.— 13 (1) IN GENERAL.—Any agreement under this 14 section shall provide the following: 15 (A) FEDERAL PANDEMIC UNEMPLOYMENT 16 COMPENSATION.—The 17 State will make payments of regular compensa- 18 tion to individuals in amounts and to the extent 19 that they would be determined if the State law 20 of the State were applied, with respect to any 21 week for which the individual is (disregarding 22 this section) otherwise entitled under the State 23 law to receive regular compensation, as if such 24 State law had been modified in a manner such 25 that the amount of regular compensation (in- State agency of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 267 1 cluding dependents’ allowances) payable for any 2 week shall be equal to— 3 (i) the amount determined under the 4 State law (before the application of this 5 paragraph), plus 6 (ii) an additional amount of $600 (in 7 this section referred to as ‘‘Federal Pan- 8 demic Unemployment Compensation’’). 9 (B) FEDERAL PANDEMIC SHORT-TIME 10 COMPENSATION.—In 11 provides under the State law for the payment of 12 short-time compensation under a short-time 13 compensation program (as defined in section 14 3306(v) of the Internal Revenue Code of 1986), 15 the State agency of the State will make pay- 16 ments of compensation (as defined in subsection 17 (h) of such section) to employees participating 18 in such program in amounts and to the extent 19 that they would be determined under such pro- 20 gram if the State law of the State were applied, 21 with respect to any week for which the indi- 22 vidual is (disregarding this section) otherwise 23 eligible under the program under the State law 24 to receive such compensation, as if such State 25 law had been modified in a manner such that the case of a State that L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 268 1 the amount of compensation payable for any 2 week shall be equal to the amount determined 3 under the State law (before the application of 4 this paragraph) plus $300 (in this section re- 5 ferred to as ‘‘Federal Pandemic Short-Time 6 Compensation’’). 7 (2) ALLOWABLE METHODS OF PAYMENT.—Any 8 Federal Pandemic Unemployment Compensation or 9 Federal Pandemic Short-Time Compensation pro- 10 vided for in accordance with paragraph (1) shall be 11 payable either— 12 (A) as an amount which is paid at the 13 same time and in the same manner as any com- 14 pensation otherwise payable for the week in- 15 volved; or 16 (B) at the option of the State, by pay- 17 ments which are made separately from, but on 18 the same weekly basis as, any compensation 19 otherwise payable. 20 (c) NONREDUCTION RULE.—An agreement under 21 this section shall not apply (or shall cease to apply) with 22 respect to a State upon a determination by the Secretary 23 that the method governing the computation of regular 24 compensation under the State law of that State has been 25 modified in a manner such that the maximum benefit enti- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 269 1 tlement and the average weekly benefit amount of regular 2 compensation (or short-time compensation in the case of 3 a State described in subsection (b)(1)(B)) which will be 4 payable during the period of the agreement (determined 5 disregarding any Federal Pandemic Unemployment Com6 pensation or Federal Pandemic Short-Time Compensa7 tion) will be less than the maximum benefit entitlement 8 and the average weekly benefit amount of regular com9 pensation (or short-time compensation) which would oth10 erwise have been payable during such period under the 11 State law, as in effect on January 1, 2020. 12 (d) PAYMENTS TO STATES.— 13 (1) IN 14 GENERAL.— (A) FULL REIMBURSEMENT.—There shall 15 be paid to each State which has entered into an 16 agreement under this section an amount equal 17 to 100 percent of— 18 (i) the total amount of Federal Pan- 19 demic Unemployment Compensation paid 20 to individuals by the State pursuant to 21 such agreement; 22 (ii) the total amount of Federal Pan- 23 demic Short-Time Compensation paid to 24 individuals by the State pursuant to such 25 agreement; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 270 1 (iii) any additional administrative ex- 2 penses incurred by the State by reason of 3 such agreement (as determined by the Sec- 4 retary). 5 (B) TERMS OF PAYMENTS.—Sums payable 6 to any State by reason of such State’s having 7 an agreement under this section shall be pay- 8 able, either in advance or by way of reimburse- 9 ment (as determined by the Secretary), in such 10 amounts as the Secretary estimates the State 11 will be entitled to receive under this section for 12 each calendar month, reduced or increased, as 13 the case may be, by any amount by which the 14 Secretary finds that his estimates for any prior 15 calendar month were greater or less than the 16 amounts which should have been paid to the 17 State. Such estimates may be made on the 18 basis of such statistical, sampling, or other 19 method as may be agreed upon by the Secretary 20 and the State agency of the State involved. 21 (2) CERTIFICATIONS.—The Secretary shall 22 from time to time certify to the Secretary of the 23 Treasury for payment to each State the sums pay- 24 able to such State under this section. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 271 1 (3) APPROPRIATION.—There are appropriated 2 from the general fund of the Treasury, without fiscal 3 year limitation, such sums as may be necessary for 4 purposes of this subsection. 5 (e) APPLICABILITY.— 6 (1) IN GENERAL.—An agreement entered into 7 under this section shall apply to weeks of unemploy- 8 ment— 9 (A) beginning on or after March 13, 2020; 10 and 11 (B) ending on or before January 1, 2021. 12 (2) TRANSITION RULE FOR INDIVIDUALS RE- 13 MAINING ENTITLED TO REGULAR COMPENSATION AS 14 OF JUNE 30, 2021.—In 15 who, as of the date specified in paragraph (1)(B), 16 has not yet exhausted all rights to regular com- 17 pensation under the State law of a State with re- 18 spect to a benefit year that began before such date 19 (or short-time compensation in the case of a State 20 described in subsection (b)(1)(B)), Federal Pan- 21 demic Unemployment Compensation or Federal Pan- 22 demic Short-Time Compensation (as the case may 23 be) shall continue to be payable to such individual 24 for any week beginning on or after such date for 25 which the individual is otherwise eligible for regular the case of any individual L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 272 1 compensation (or short-time compensation) with re- 2 spect to such benefit year. 3 (3) TERMINATION.—Notwithstanding any other 4 provision of this subsection, no Federal Pandemic 5 Unemployment Compensation or Federal Pandemic 6 Short-Time Compensation shall be payable for any 7 week beginning after June 30, 2021. 8 (f) FRAUD AND OVERPAYMENTS.— 9 (1) IN GENERAL.—If an individual knowingly 10 has made, or caused to be made by another, a false 11 statement or representation of a material fact, or 12 knowingly has failed, or caused another to fail, to 13 disclose a material fact, and as a result of such false 14 statement or representation or of such nondisclosure 15 such individual has received an amount of Federal 16 Pandemic Unemployment Compensation or Federal 17 Pandemic Short-Time Compensation to which such 18 individual was not entitled, such individual— 19 (A) shall be ineligible for further Federal 20 Pandemic 21 Federal Pandemic Short-Time Compensation in 22 accordance with the provisions of the applicable 23 State unemployment compensation law relating 24 to fraud in connection with a claim for unem- 25 ployment compensation; and Unemployment Compensation or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 273 1 (B) shall be subject to prosecution under 2 section 1001 of title 18, United States Code. 3 (2) REPAYMENT.—In the case of individuals 4 who have received amounts of Federal Pandemic 5 Unemployment Compensation or Federal Pandemic 6 Short-Time Compensation to which they were not 7 entitled, the State shall require such individuals to 8 repay the amounts of such Federal Pandemic Unem- 9 ployment Compensation or Federal Pandemic Short- 10 Time Compensation to the State agency, except that 11 the State agency may waive such repayment if it de- 12 termines that— 13 (A) the payment of such Federal Pandemic 14 Unemployment Compensation or Federal Pan- 15 demic Short-Time Compensation was without 16 fault on the part of any such individual; and 17 (B) such repayment would be contrary to 18 equity and good conscience. 19 (3) RECOVERY 20 (A) IN BY STATE AGENCY.— GENERAL.—The State agency may 21 recover the amount to be repaid, or any part 22 thereof, by deductions from any Federal Pan- 23 demic Unemployment Compensation or Federal 24 Pandemic Short-Time Compensation payable to 25 such individual or from any unemployment L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 274 1 compensation payable to such individual under 2 any State or Federal unemployment compensa- 3 tion law administered by the State agency or 4 under any other State or Federal law adminis- 5 tered by the State agency which provides for 6 the payment of any assistance or allowance with 7 respect to any week of unemployment, during 8 the 3-year period after the date such individuals 9 received the payment of the Federal Pandemic 10 Unemployment Compensation or Federal Pan- 11 demic Short-Time Compensation to which they 12 were not entitled, in accordance with the same 13 procedures as apply to the recovery of overpay- 14 ments of regular unemployment benefits paid 15 by the State. 16 (B) OPPORTUNITY FOR HEARING.—No re- 17 payment shall be required, and no deduction 18 shall be made, until a determination has been 19 made, notice thereof and an opportunity for a 20 fair hearing has been given to the individual, 21 and the determination has become final. 22 (4) REVIEW.—Any determination by a State 23 agency under this section shall be subject to review 24 in the same manner and to the same extent as deter- 25 minations under the State unemployment compensa- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 275 1 tion law, and only in that manner and to that ex- 2 tent. 3 (g) APPLICATION TO OTHER UNEMPLOYMENT BENE- 4 FITS.— 5 (1) IN GENERAL.—Each agreement under this 6 section shall include provisions to provide that the 7 purposes of the preceding provisions of this section 8 shall be applied with respect to unemployment bene- 9 fits described in subsection (i)(3) to the same extent 10 and in the same manner as if those benefits were 11 regular compensation. 12 (2) ELIGIBILITY 13 AND TERMINATION RULES.— Federal Pandemic Unemployment Compensation— 14 (A) shall not be payable, pursuant to this 15 subsection, with respect to any unemployment 16 benefits described in subsection (i)(3) for any 17 week beginning on or after the date specified in 18 subsection (e)(1)(B), except in the case of an 19 individual who was eligible to receive Federal 20 Pandemic Unemployment Compensation in con- 21 nection with any regular compensation or any 22 unemployment benefits described in subsection 23 (i)(3) for any period of unemployment ending 24 before such date; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 276 1 (B) shall in no event be payable for any 2 week beginning after the date specified in sub- 3 section (e)(3). 4 5 (h) TREATMENT PLOYMENT OF FEDERAL PANDEMIC UNEM- COMPENSATION AND FEDERAL PANDEMIC 6 SHORT-TIME COMPENSATION PAYMENTS.— 7 (1) PAYMENT TO BE DISREGARDED FOR PUR- 8 POSES OF ALL FEDERAL AND FEDERALLY ASSISTED 9 PROGRAMS.—A Federal Pandemic Unemployment 10 Compensation or Federal Pandemic Short-Time 11 Compensation payment shall not be regarded as in- 12 come and shall not be regarded as a resource for the 13 month of receipt and the following 9 months, for 14 purposes of determining the eligibility of the recipi- 15 ent (or the recipient’s spouse or family) for benefits 16 or assistance, or the amount or extent of benefits or 17 assistance, under any Federal program or under any 18 State or local program financed in whole or in part 19 with Federal funds. 20 (i) DEFINITIONS.—For purposes of this section— 21 (1) the terms ‘‘compensation’’, ‘‘regular com- 22 pensation’’, ‘‘benefit year’’, ‘‘State’’, ‘‘State agency’’, 23 ‘‘State law’’, and ‘‘week’’ have the respective mean- 24 ings given such terms under section 205 of the Fed- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 277 1 eral-State Extended Unemployment Compensation 2 Act of 1970 (26 U.S.C. 3304 note); 3 (2) the term ‘‘maximum benefit entitlement’’ 4 means the amount of regular compensation payable 5 to an individual with respect to the individual’s ben- 6 efit year; and 7 (3) any reference to unemployment benefits de- 8 scribed in this paragraph shall be considered to refer 9 to— 10 (A) extended compensation (as defined by 11 section 205 of the Federal-State Extended Un- 12 employment Compensation Act of 1970); and 13 (B) unemployment compensation (as de- 14 fined by section 85(b) of the Internal Revenue 15 Code of 1986) provided under any program ad- 16 ministered by a State under an agreement with 17 the Secretary. 18 SEC. 80102. TEMPORARY FINANCING OF SHORT-TIME COM- 19 PENSATION PAYMENTS IN STATES WITH PRO- 20 GRAMS IN LAW. 21 (a) PAYMENTS TO STATES.— 22 (1) IN GENERAL.—Subject to paragraph (3), 23 there shall be paid to a State an amount equal to 24 100 percent of the amount of short-time compensa- 25 tion paid under a short-time compensation program L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00277 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 278 1 (as defined in section 3306(v) of the Internal Rev- 2 enue Code of 1986) under the provisions of the 3 State law. 4 (2) TERMS OF PAYMENTS.—Payments made to 5 a State under paragraph (1) shall be payable by way 6 of reimbursement in such amounts as the Secretary 7 estimates the State will be entitled to receive under 8 this section for each calendar month, reduced or in- 9 creased, as the case may be, by any amount by 10 which the Secretary finds that the Secretary’s esti- 11 mates for any prior calendar month were greater or 12 less than the amounts which should have been paid 13 to the State. Such estimates may be made on the 14 basis of such statistical, sampling, or other method 15 as may be agreed upon by the Secretary and the 16 State agency of the State involved. 17 (3) LIMITATIONS 18 ON PAYMENTS.— (A) GENERAL PAYMENT LIMITATIONS.— 19 No payments shall be made to a State under 20 this section for short-time compensation paid to 21 an individual by the State during a benefit year 22 in excess of 26 times the amount of regular 23 compensation 24 ances) under the State law payable to such in- 25 dividual for a week of total unemployment. (including dependents’ allow- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 279 1 (B) EMPLOYER LIMITATIONS.—No pay- 2 ments shall be made to a State under this sec- 3 tion for benefits paid to an individual by the 4 State under a short-time compensation program 5 if such individual is employed by the partici- 6 pating employer on a seasonal, temporary, or 7 intermittent basis. 8 (b) APPLICABILITY.—Payments to a State under 9 subsection (a) shall be available for weeks of unemploy10 ment— 11 (1) beginning on or after March 13, 2020; and 12 (2) ending on or before December 31, 2020. 13 (c) NEW PROGRAMS.—Subject to paragraphs (1)(B) 14 and (2) of subsection (b), if at any point after the date 15 of the enactment of this Act the State enacts a State law 16 providing for the payment of short-time compensation 17 under a short-time compensation program that meets the 18 definition of such a program under section 3306(v) of the 19 Internal Revenue Code of 1986, the State shall be eligible 20 for payments under this section after the effective date 21 of such enactment. 22 (d) FUNDING AND CERTIFICATIONS.— 23 (1) FUNDING.—There are appropriated, out of 24 moneys in the Treasury not otherwise appropriated, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 280 1 such sums as may be necessary for purposes of car- 2 rying out this section. 3 (2) CERTIFICATIONS.—The Secretary shall 4 from time to time certify to the Secretary of the 5 Treasury for payment to each State the sums pay- 6 able to such State under this section. 7 (e) DEFINITIONS.—In this section: 8 (1) SECRETARY.—The term ‘‘Secretary’’ means 9 the Secretary of Labor. 10 (2) STATE; STATE AGENCY; STATE LAW.—The 11 terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’ 12 have the meanings given those terms in section 205 13 of the Federal-State Extended Unemployment Com- 14 pensation Act of 1970 (26 U.S.C. 3304 note). 15 (f) TECHNICAL CORRECTION TO DEFINITION.—Sec- 16 tion 3306(v)(6) of the Internal Revenue Code of 1986 (26 17 U.S.C. 3306) is amended by striking ‘‘Workforce Invest18 ment Act of 1998’’ and inserting ‘‘Workforce Innovation 19 and Opportunity Act’’. 20 SEC. 80103. TEMPORARY FINANCING OF SHORT-TIME COM- 21 PENSATION AGREEMENTS. 22 (a) FEDERAL-STATE AGREEMENTS.— 23 (1) IN GENERAL.—Any State which desires to 24 do so may enter into, and participate in, an agree- 25 ment under this section with the Secretary provided L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00280 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 281 1 that such State’s law does not provide for the pay- 2 ment of short-time compensation under a short-time 3 compensation 4 3306(v) of the Internal Revenue Code of 1986). 5 program (2) ABILITY (as defined TO TERMINATE.—Any in section State which 6 is a party to an agreement under this section may, 7 upon providing 30 days’ written notice to the Sec- 8 retary, terminate such agreement. 9 (b) PROVISIONS 10 (1) IN OF FEDERAL-STATE AGREEMENT.— GENERAL.—Any agreement under this 11 section shall provide that the State agency of the 12 State will make payments of short-time compensa- 13 tion under a plan approved by the State. Such plan 14 shall provide that payments are made in accordance 15 with the requirements under section 3306(v) of the 16 Internal Revenue Code of 1986. 17 (2) LIMITATIONS 18 ON PLANS.— (A) GENERAL PAYMENT LIMITATIONS.—A 19 short-time compensation plan approved by a 20 State shall not permit the payment of short- 21 time compensation to an individual by the State 22 during a benefit year in excess of 26 times the 23 amount of regular compensation (including de- 24 pendents’ allowances) under the State law pay- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 282 1 able to such individual for a week of total un- 2 employment. 3 (B) EMPLOYER LIMITATIONS.—A short- 4 time compensation plan approved by a State 5 shall not provide payments to an individual if 6 such individual is employed by the participating 7 employer on a seasonal, temporary, or intermit- 8 tent basis. 9 (3) EMPLOYER PAYMENT OF COSTS.—Any 10 short-time compensation plan entered into by an em- 11 ployer must provide that the employer will pay the 12 State an amount equal to one-half of the amount of 13 short-time compensation paid under such plan. Such 14 amount shall be deposited in the State’s unemploy- 15 ment fund and shall not be used for purposes of cal- 16 culating an employer’s contribution rate under sec- 17 tion 3303(a)(1) of the Internal Revenue Code of 18 1986. 19 (c) PAYMENTS TO STATES.— 20 (1) IN GENERAL.—There shall be paid to each 21 State with an agreement under this section an 22 amount equal to— 23 (A) one-half of the amount of short-time 24 compensation paid to individuals by the State 25 pursuant to such agreement; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 283 1 (B) any additional administrative expenses 2 incurred by the State by reason of such agree- 3 ment (as determined by the Secretary). 4 (2) TERMS OF PAYMENTS.—Payments made to 5 a State under paragraph (1) shall be payable by way 6 of reimbursement in such amounts as the Secretary 7 estimates the State will be entitled to receive under 8 this section for each calendar month, reduced or in- 9 creased, as the case may be, by any amount by 10 which the Secretary finds that the Secretary’s esti- 11 mates for any prior calendar month were greater or 12 less than the amounts which should have been paid 13 to the State. Such estimates may be made on the 14 basis of such statistical, sampling, or other method 15 as may be agreed upon by the Secretary and the 16 State agency of the State involved. 17 (3) FUNDING.—There are appropriated, out of 18 moneys in the Treasury not otherwise appropriated, 19 such sums as may be necessary for purposes of car- 20 rying out this section. 21 (4) CERTIFICATIONS.—The Secretary shall 22 from time to time certify to the Secretary of the 23 Treasury for payment to each State the sums pay- 24 able to such State under this section. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 284 1 (d) APPLICABILITY.—An agreement entered into 2 under this section shall apply to weeks of unemployment— 3 (1) beginning on or after March 13, 2020; and 4 (2) ending on or before December 31, 2020. 5 (e) SPECIAL RULE.—If a State has entered into an 6 agreement under this section and subsequently enacts a 7 State law providing for the payment of short-time com8 pensation under a short-time compensation program that 9 meets the definition of such a program under section 10 3306(v) of the Internal Revenue Code of 1986, the 11 State— 12 (1) shall not be eligible for payments under this 13 section for weeks of unemployment beginning after 14 the effective date of such State law; and 15 (2) subject to paragraphs (1)(B) and (2) of sec- 16 tion 2(b), shall be eligible to receive payments under 17 section 2 after the effective date of such State law. 18 (f) DEFINITIONS.—In this section: 19 (1) SECRETARY.—The term ‘‘Secretary’’ means 20 the Secretary of Labor. 21 (2) STATE; STATE AGENCY; STATE LAW.—The 22 terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’ 23 have the meanings given those terms in section 205 24 of the Federal-State Extended Unemployment Com- 25 pensation Act of 1970 (26 U.S.C. 3304 note). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 285 1 SEC. 80104. EMERGENCY FLEXIBILITY FOR SHORT-TIME 2 COMPENSATION. 3 Notwithstanding any other law, if a State modifies 4 its unemployment compensation law and policies with re5 spect to availability for work and work search test require6 ments for short-time compensation on an emergency tem7 porary basis as needed to respond to the spread of 8 COVID–19, such modifications shall be disregarded for 9 the purposes of applying section 303 of the Social Security 10 Act and section 3306(v)(5) of the Internal Revenue Code 11 of 1986 to such State law. 12 SEC. 80105. GRANTS FOR SHORT-TIME COMPENSATION 13 PROGRAMS. 14 (a) GRANTS.— 15 (1) FOR IMPLEMENTATION OR IMPROVED AD- 16 MINISTRATION.—The 17 to States that enact short-time compensation pro- 18 grams (as defined in subsection (i)(2)) for the pur- 19 pose of implementation or improved administration 20 of such programs. 21 (2) FOR Secretary shall award grants PROMOTION AND ENROLLMENT.—The 22 Secretary shall award grants to States that are eligi- 23 ble and submit plans for a grant under paragraph 24 (1) for such States to promote and enroll employers 25 in short-time compensation programs (as so de- 26 fined). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 286 1 (3) ELIGIBILITY.— 2 (A) IN GENERAL.—The Secretary shall de- 3 termine eligibility criteria for the grants under 4 paragraphs (1) and (2). 5 (B) CLARIFICATION.—A State admin- 6 istering a short-time compensation program 7 that does not meet the definition of a short- 8 time compensation program under section 9 3306(v) of the Internal Revenue Code of 1986, 10 and a State with an agreement under section 3, 11 shall not be eligible to receive a grant under 12 this section until such time as the State law of 13 the State provides for payments under a short- 14 time compensation program that meets such 15 definition and such law. 16 (b) AMOUNT OF GRANTS.— 17 (1) IN GENERAL.—The maximum amount avail- 18 able for making grants to a State under paragraphs 19 (1) and (2) shall be equal to the amount obtained 20 by multiplying $100,000,000 (less the amount used 21 by the Secretary under subsection (e)) by the same 22 ratio as would apply under subsection (a)(2)(B) of 23 section 903 of the Social Security Act (42 U.S.C. 24 1103) for purposes of determining such State’s 25 share of any excess amount (as described in sub- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 287 1 section (a)(1) of such section) that would have been 2 subject to transfer to State accounts, as of October 3 1, 2019, under the provisions of subsection (a) of 4 such section. 5 (2) 6 GRANTS.—Of 7 mined under paragraph (1) with respect to a 8 State— 9 AMOUNT AVAILABLE FOR DIFFERENT the maximum incentive payment deter- (A) one-third shall be available for a grant 10 under subsection (a)(1); and 11 (B) two-thirds shall be available for a 12 grant under subsection (a)(2). 13 (c) GRANT APPLICATION AND DISBURSAL.— 14 (1) APPLICATION.—Any State seeking a grant 15 under paragraph (1) or (2) of subsection (a) shall 16 submit an application to the Secretary at such time, 17 in such manner, and complete with such information 18 as the Secretary may require. In no case may the 19 Secretary award a grant under this section with re- 20 spect to an application that is submitted after De- 21 cember 31, 2020. 22 (2) NOTICE.—The Secretary shall, within 30 23 days after receiving a complete application, notify 24 the State agency of the State of the Secretary’s find- 25 ings with respect to the requirements for a grant L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 288 1 under paragraph (1) or (2) (or both) of subsection 2 (a). 3 (3) CERTIFICATION.—If the Secretary finds 4 that the State law provisions meet the requirements 5 for a grant under subsection (a), the Secretary shall 6 thereupon make a certification to that effect to the 7 Secretary of the Treasury, together with a certifi- 8 cation as to the amount of the grant payment to be 9 transferred to the State account in the Unemploy- 10 ment Trust Fund (as established in section 904(a) 11 of the Social Security Act (42 U.S.C. 1104(a))) pur- 12 suant to that finding. The Secretary of the Treasury 13 shall make the appropriate transfer to the State ac- 14 count within 7 days after receiving such certifi- 15 cation. 16 (4) REQUIREMENT.—No certification of compli- 17 ance with the requirements for a grant under para- 18 graph (1) or (2) of subsection (a) may be made with 19 respect to any State whose— 20 (A) State law is not otherwise eligible for 21 certification under section 303 of the Social Se- 22 curity Act (42 U.S.C. 503) or approvable under 23 section 3304 of the Internal Revenue Code of 24 1986; or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 289 1 (B) short-time compensation program is 2 subject to discontinuation or is not scheduled to 3 take effect within 12 months of the certifi- 4 cation. 5 (d) USE OF FUNDS.—The amount of any grant 6 awarded under this section shall be used for the implemen7 tation of short-time compensation programs and the over8 all administration of such programs and the promotion 9 and enrollment efforts associated with such programs, 10 such as through— 11 (1) the creation or support of rapid response 12 teams to advise employers about alternatives to lay- 13 offs; 14 (2) the provision of education or assistance to 15 employers to enable them to assess the feasibility of 16 participating in short-time compensation programs; 17 and 18 (3) the development or enhancement of systems 19 to automate— 20 (A) the submission and approval of plans; 21 and 22 (B) the filing and approval of new and on- 23 going short-time compensation claims. 24 (e) ADMINISTRATION.—The Secretary is authorized 25 to use 0.25 percent of the funds available under subsection L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 290 1 (g) to provide for outreach and to share best practices with 2 respect to this section and short-time compensation pro3 grams. 4 (f) RECOUPMENT.—The Secretary shall establish a 5 process under which the Secretary shall recoup the 6 amount of any grant awarded under paragraph (1) or (2) 7 of subsection (a) if the Secretary determines that, during 8 the 5-year period beginning on the first date that any such 9 grant is awarded to the State, the State— 10 (1) terminated the State’s short-time compensa- 11 tion program; or 12 (2) failed to meet appropriate requirements 13 with respect to such program (as established by the 14 Secretary). 15 (g) FUNDING.—There are appropriated for fiscal 16 year 2020, out of moneys in the Treasury not otherwise 17 appropriated, to the Secretary, $100,000,000 to carry out 18 this section, to remain available until December 31, 2020. 19 (h) REPORTING.—The Secretary may establish re- 20 porting requirements for States receiving a grant under 21 this section in order to provide oversight of grant funds. 22 (i) DEFINITIONS.—In this section: 23 (1) SECRETARY.—The term ‘‘Secretary’’ means 24 the Secretary of Labor. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00290 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 291 1 (2) SHORT-TIME COMPENSATION PROGRAM.— 2 The term ‘‘short-time compensation program’’ has 3 the meaning given such term in section 3306(v) of 4 the Internal Revenue Code of 1986. 5 (3) STATE; STATE AGENCY; STATE LAW.—The 6 terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’ 7 have the meanings given those terms in section 205 8 of the Federal-State Extended Unemployment Com- 9 pensation Act of 1970 (26 U.S.C. 3304 note). 10 SEC. 80106. EMERGENCY EXTENDED BENEFIT PERIOD FOR 11 2020. 12 (a) IN GENERAL.—For purposes of section 203 of the 13 Federal-State Extended Unemployment Compensation Act 14 of 1970 (26 U.S.C. 3304 note), and notwithstanding any 15 other provision of such section, an emergency extended 16 benefit period shall be deemed to occur with respect to 17 each State as follows: 18 (1) in the case of a State with respect to which 19 an extended benefit period is not in effect (without 20 regard to this section) for the 1st week beginning 21 after the date of enactment of this Act, an emer- 22 gency extended benefit period is deemed to begin 23 with such week with respect to such State; and 24 (2) in the case of a State with respect to which 25 an extended benefit period is otherwise in effect L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 292 1 (without regard to this section) for such week, an 2 emergency extended benefit period is deemed to 3 begin with the week following the last week of such 4 extended benefit period. 5 (b) SPECIAL RULE WITH RESPECT TO CERTAIN 6 STATES.—In the case of a State described in subsection 7 (a)(1) with respect to which an extended benefit period 8 would (but for this section) begin during an emergency 9 extended benefit period, such extended benefit period shall 10 begin with the week following the last week of such emer11 gency extended benefit period. 12 13 (c) ADDITIONAL FUNDING PENSATION FOR EXTENDED COM- ACCOUNTS.—In the case of a State described 14 in (a)(2) or (b), section 202(b)(1) the Federal-State Ex15 tended Unemployment Compensation Act of 1970 (26 16 U.S.C. 3304 note) shall be applied for weeks during an 17 emergency extended benefit period by substituting for 18 each of ‘‘50’’, ‘‘thirteen’’, and ‘‘thirty-nine’’ such higher 19 number as the State determines is necessary to account 20 for such emergency extended benefit period. 21 22 (d) TREATMENT EFIT OF EMERGENCY EXTENDED BEN- PERIOD UNDER FSEUCA.—The provisions of the 23 Federal-State Extended Unemployment Compensation Act 24 of 1970 (26 U.S.C. 3304 note) shall apply to a State with 25 respect to which an emergency extended benefit period is L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 293 1 in effect in the same manner as such provisions apply to 2 a State with respect to which an extended benefit period 3 is in effect. 6 TITLE II—EXPANDED ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION 7 SEC. 80201. PANDEMIC SELF-EMPLOYMENT AND JOB EN- 4 5 8 TRANT COMPENSATION. 9 (a) FEDERAL-STATE AGREEMENTS.—Any State 10 which desires to do so may enter into and participate in 11 an agreement under this section with the Secretary of 12 Labor (hereinafter in this section referred to as the ‘‘Sec13 retary’’). Any State which is a party to an agreement 14 under this section may, upon providing 30 days’ written 15 notice to the Secretary, terminate such agreement. 16 (b) PROVISIONS OF AGREEMENT.— 17 (1) PANDEMIC SELF-EMPLOYMENT AND JOB 18 ENTRANT COMPENSATION.—Any 19 subsection (a) shall provide that the State agency of 20 the State will make payments on a weekly basis (in 21 this section referred to as ‘‘Pandemic Self-Employ- 22 ment and Job Entrant Compensation’’) to unem- 23 ployed individuals who— agreement under 24 (A) have no rights to regular compensation 25 with respect to a week under the State law or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 294 1 any other State unemployment compensation 2 law or to compensation under any other Federal 3 law; 4 (B) are not receiving any State or private 5 paid leave (as defined in subsection (g)) with 6 respect to such week; and 7 (C) attest that— 8 (i) the individual is not able or avail- 9 able to work due to COVID–19 with re- 10 spect to such week (as determined under 11 paragraph (4)); and 12 (ii) but for COVID–19 (as determined 13 under paragraph (4)), the individual would 14 be able and available to work during such 15 week. 16 (2) AMOUNT 17 OF PANDEMIC SELF-EMPLOYMENT AND JOB ENTRANT COMPENSATION.— 18 (A) IN GENERAL.—Except as provided in 19 subparagraph (B), the amount of Pandemic 20 Self-Employment and Job Entrant Compensa- 21 tion payable to an individual for a week under 22 an agreement under subsection (a) shall be 23 $300. 24 (B) HIGHER 25 PAYMENT FOR CERTAIN INDI- VIDUALS.—Notwithstanding subparagraph (A), L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00294 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 295 1 the amount of Pandemic Self-Employment and 2 Job Entrant Compensation payable to an indi- 3 vidual for a week under an agreement under 4 subsection (a) shall be an amount equal to the 5 sum of $600 plus 1⁄4 of the average weekly ben- 6 efit amount of regular compensation paid to eli- 7 gible individuals in the State as of January 1, 8 2020, but only in the case of an individual who 9 attests (and furnishes such supporting docu- 10 mentation as the State agency may request) 11 that— 12 (i) the individual had net earnings 13 from self-employment (as defined in sec- 14 tion 1402(a) of the Internal Revenue Code 15 of 1986) of not less than $2,500 during 16 the 6-month period ending on the date of 17 enactment of this Act; or 18 (ii) the individual had a contract or 19 other offer of employment suspended or re- 20 scinded due to COVID–19. 21 (3) DURATION OF BENEFIT PAYMENTS.—An in- 22 dividual who becomes entitled to Pandemic Self-Em- 23 ployment and Job Entrant Compensation paid by a 24 State under an agreement under subsection (a) shall 25 receive such benefit for not more than 26 weeks. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00295 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 296 1 (4) NOT ABLE OR AVAILABLE TO WORK DUE TO 2 COVID–19.—For 3 vidual shall be considered to be not able or available 4 to work due to COVID–19 with respect to a week 5 during any part of which the individual is not able 6 or available to work because— 7 purposes of this subsection, an indi- (A) the individual has a current diagnosis 8 of COVID–19; 9 (B) the individual is under quarantine (in- 10 cluding self-imposed quarantine), at the instruc- 11 tion of a health care provider, employer, or a 12 local, State, or Federal official, in order to pre- 13 vent the spread of COVID–19; 14 (C) the individual is unable to engage in 15 self-employment (in the case of an individual 16 described in paragraph (2)(B)(i)) or seek suit- 17 able employment because of closings or restric- 18 tions on movement related to COVID–19; 19 (D) the individual is engaged in caregiving 20 (without compensation) for an individual who 21 has a current diagnosis of COVID–19 or is 22 under quarantine as described in subparagraph 23 (B)); or 24 (E) the individual is engaged in caregiving 25 (without compensation), because of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 297 1 COVID–19-related closing of a school or other 2 care facility or care program, for a child or 3 other individual unable to provide self-care. 4 (5) COORDINATION WITH CERTAIN TAX CRED- 5 ITS.—Notwithstanding 6 may become entitled to Pandemic Self-Employment 7 and Job Entrant Compensation under an agreement 8 under subsection (a) unless the individual makes an 9 irrevocable election (at such time and in such man- 10 ner as the Secretary of the Treasury may provide) 11 to have sections 7002 and 7004 of the Families 12 First Coronavirus Response Act not apply with re- 13 spect to such individual. An individual who makes 14 such an election shall not be treated as an individual 15 to whom a credit is allowable under such sections. 16 (c) PAYMENTS TO STATES.— 17 (1) IN 18 paragraph (1), no individual GENERAL.— (A) FULL REIMBURSEMENT.—There shall 19 be paid to each State which has entered into an 20 agreement under this section an amount equal 21 to 100 percent of— 22 (i) the total amount of Pandemic Self- 23 Employment and Job Entrant Compensa- 24 tion paid to individuals by the State pursu- 25 ant to such agreement; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 298 1 (ii) any additional administrative ex- 2 penses incurred by the State by reason of 3 such agreement (as determined by the Sec- 4 retary). 5 (B) TERMS OF PAYMENTS.—Sums payable 6 to any State by reason of such State’s having 7 an agreement under this section shall be pay- 8 able, either in advance or by way of reimburse- 9 ment (as determined by the Secretary), in such 10 amounts as the Secretary estimates the State 11 will be entitled to receive under this section for 12 each calendar month, reduced or increased, as 13 the case may be, by any amount by which the 14 Secretary finds that his estimates for any prior 15 calendar month were greater or less than the 16 amounts which should have been paid to the 17 State. Such estimates may be made on the 18 basis of such statistical, sampling, or other 19 method as may be agreed upon by the Secretary 20 and the State agency of the State involved. 21 (2) FUNDING.— 22 (A) IN GENERAL.—Funds in the extended 23 unemployment compensation account (as estab- 24 lished by section 905(a) of the Social Security 25 Act (42 U.S.C. 1105(a)) of the Unemployment L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 299 1 Trust Fund (as established by section 904(a) of 2 such Act (42 U.S.C. 1104(a)) shall be used to 3 make payments to States pursuant to para- 4 graph (1). 5 (B) TRANSFER OF FUNDS.—Notwith- 6 standing any other provision of law, the Sec- 7 retary of the Treasury shall transfer from the 8 general fund of the Treasury (from funds not 9 otherwise appropriated) to the extended unem- 10 ployment compensation account such sums as 11 the Secretary of Labor estimates to be nec- 12 essary to make payments described in subpara- 13 graph (A). There are appropriated from the 14 general fund of the Treasury, without fiscal 15 year limitation, the sums referred to in the pre- 16 ceding sentence and such sums shall not be re- 17 quired to be repaid. 18 (3) CERTIFICATIONS.—The Secretary shall 19 from time to time certify to the Secretary of the 20 Treasury for payment to each State the sums pay- 21 able to such State under this section. 22 (d) APPLICABILITY.— 23 (1) IN GENERAL.—An agreement entered into 24 under this section shall apply with respect to 25 weeks— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 300 1 (A) beginning on or after March 13, 2020; 2 and 3 (B) ending on or before January 1, 2021. 4 (2) TRANSITION RULE FOR INDIVIDUALS RE- 5 MAINING ENTITLED TO PANDEMIC SELF-EMPLOY- 6 MENT AND JOB ENTRANT COMPENSATION AS OF 7 JANUARY 1, 2021.—In 8 who, as of the date specified in paragraph (1)(B), 9 has not yet exhausted all rights to Pandemic Self- 10 Employment and Job Entrant Compensation under 11 the agreement under subsection (a), Pandemic Self- 12 Employment and Job Entrant Compensation shall 13 continue to be payable to such individual for any 14 week beginning on or after such date for which the 15 individual is otherwise eligible for such Pandemic 16 Self-Employment and Job Entrant Compensation. the case of any individual 17 (3) TERMINATION.—Notwithstanding any other 18 provision of this subsection, no Pandemic Self-Em- 19 ployment and Job Entrant Compensation shall be 20 payable for any week beginning after June 30, 2021. 21 (e) FRAUD AND OVERPAYMENTS.— 22 (1) IN GENERAL.—If an individual knowingly 23 has made, or caused to be made by another, a false 24 statement or representation of a material fact, or 25 knowingly has failed, or caused another to fail, to L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 301 1 disclose a material fact, and as a result of such false 2 statement or representation or of such nondisclosure 3 such individual has received an amount of Pandemic 4 Self-Employment and Job Entrant Compensation to 5 which such individual was not entitled, such indi- 6 vidual— 7 (A) shall be ineligible for further Pandemic 8 Self-Employment and Job Entrant Compensa- 9 tion in accordance with the provisions of the ap- 10 plicable State unemployment compensation law 11 relating to fraud in connection with a claim for 12 unemployment compensation; and 13 (B) shall be subject to prosecution under 14 section 1001 of title 18, United States Code. 15 (2) REPAYMENT.—In the case of individuals 16 who have received amounts of Pandemic Self-Em- 17 ployment and Job Entrant Compensation to which 18 they were not entitled, the State shall require such 19 individuals to repay the amounts of such Pandemic 20 Self-Employment and Job Entrant Compensation to 21 the State agency, except that the State agency may 22 waive such repayment if it determines that— 23 (A) the payment of such Pandemic Self- 24 Employment and Job Entrant Compensation L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00301 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 302 1 was without fault on the part of any such indi- 2 vidual; and 3 (B) such repayment would be contrary to 4 equity and good conscience. 5 (3) RECOVERY 6 (A) IN BY STATE AGENCY.— GENERAL.—The State agency may 7 recover the amount to be repaid, or any part 8 thereof, by deductions from any Pandemic Self- 9 Employment and Job Entrant Compensation 10 payable to such individual or from any unem- 11 ployment compensation payable to such indi- 12 vidual under any State or Federal unemploy- 13 ment compensation law administered by the 14 State agency or under any other State or Fed- 15 eral law administered by the State agency 16 which provides for the payment of any assist- 17 ance or allowance with respect to any week of 18 unemployment, during the 3-year period after 19 the date such individuals received the payment 20 of the Pandemic Self-Employment and Job En- 21 trant Compensation to which they were not en- 22 titled, in accordance with the same procedures 23 as apply to the recovery of overpayments of reg- 24 ular unemployment benefits paid by the State. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 303 1 (B) OPPORTUNITY FOR HEARING.—No re- 2 payment shall be required, and no deduction 3 shall be made, until a determination has been 4 made, notice thereof and an opportunity for a 5 fair hearing has been given to the individual, 6 and the determination has become final. 7 (4) REVIEW.—Any determination by a State 8 agency under this section shall be subject to review 9 in the same manner and to the same extent as deter- 10 minations under the State unemployment compensa- 11 tion law, and only in that manner and to that ex- 12 tent. 13 (5) 14 FUND.—Any 15 pursuant to this subsection shall be deposited in the 16 account of such State in the Unemployment Trust 17 Fund. 18 (f) TREATMENT 19 AND DEPOSIT IN STATE UNEMPLOYMENT amount recovered by a State agency PANDEMIC SELF-EMPLOYMENT OF JOB ENTRANT COMPENSATION PAYMENTS.— 20 (1) PAYMENT TO BE DISREGARDED FOR PUR- 21 POSES OF ALL FEDERAL AND FEDERALLY ASSISTED 22 PROGRAMS.—A 23 Entrant Compensation payment shall not be re- 24 garded as income and shall not be regarded as a re- 25 source for the month of receipt and the following 9 Pandemic Self-Employment and Job L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 304 1 months, for purposes of determining the eligibility of 2 the recipient (or the recipient’s spouse or family) for 3 benefits or assistance, or the amount or extent of 4 benefits or assistance, under any Federal program 5 or under any State or local program financed in 6 whole or in part with Federal funds. 7 (2) PAYMENT NOT CONSIDERED INCOME FOR 8 PURPOSES OF TAXATION.—A 9 ployment and Job Entrant Compensation payment 10 shall not be considered as gross income for purposes 11 of the Internal Revenue Code of 1986. 12 (g) DEFINITIONS.—For purposes of this section— Pandemic Self-Em- 13 (1) the terms ‘‘compensation’’ (except as such 14 term is used in subsection (b)(4)), ‘‘regular com- 15 pensation’’, ‘‘State’’, ‘‘State agency’’, and ‘‘State 16 law’’ have the respective meanings given such terms 17 under section 205 of the Federal-State Extended 18 Unemployment Compensation Act of 1970 (26 19 U.S.C. 3304 note); and 20 (2) the term ‘‘State or private paid leave’’ 21 means a benefit which provides full or partial wage 22 replacement to employees on the basis of specifically 23 defined qualifying events described in section 102 of 24 the Family and Medical Leave Act of 1993 or de- 25 fined by a written employer policy or State law and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 305 1 which ends either when the qualifying event is no 2 longer applicable or a set period of benefits is ex- 3 hausted. 6 TITLE III—RELIEF FOR GOVERNMENTAL AND NONPROFIT ENTITIES 7 SEC. 80301. EMERGENCY UNEMPLOYMENT RELIEF FOR 8 GOVERNMENTAL ENTITIES AND NONPROFIT 9 ORGANIZATIONS. 4 5 10 (a) FLEXIBILITY IN PAYING REIMBURSEMENT.—The 11 Secretary of Labor may issue clarifying guidance to allow 12 States to interpret their State unemployment compensa13 tion laws in a manner that would provide maximum flexi14 bility to reimbursing employers as it relates to timely pay15 ment and assessment of penalties and interest pursuant 16 to such State laws. 17 (b) FEDERAL FUNDING.—Section 903 of the Social 18 Security Act (42 U.S.C. 1103) is amended by adding at 19 the end the following: 20 ‘‘Transfers for Federal Reimbursement of State 21 Unemployment Funds 22 ‘‘(j)(1)(A) In addition to any other amounts, the Sec- 23 retary of Labor shall provide for the transfer of funds dur24 ing the applicable period to the accounts of the States in 25 the Unemployment Trust Fund, by transfer from amounts L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 306 1 reserved for that purpose in the Federal unemployment 2 account, in accordance with the succeeding provisions of 3 this subsection. 4 ‘‘(B) The amount of funds transferred to the account 5 of a State under subparagraph (A) during the applicable 6 period shall, as determined by the Secretary of Labor, be 7 equal to one half of the amounts of compensation (as de8 fined in section 3306(h) of the Internal Revenue Code of 9 1986) attributable under the State law to service to which 10 section 3309(a)(1) of such Code applies that were paid 11 by the State for weeks of unemployment beginning and 12 ending during such period. Such transfers shall be made 13 at such times as the Secretary of Labor considers appro14 priate. 15 ‘‘(C) Notwithstanding any other law, funds trans- 16 ferred to the account of a State under subparagraph (A) 17 shall be used exclusively to reimburse governmental enti18 ties and other organizations described in section 19 3309(a)(2) of such Code for amounts paid (in lieu of con20 tributions) into the State unemployment fund pursuant to 21 such section. 22 ‘‘(D) For purposes of this paragraph, the term ‘appli- 23 cable period’ means the period beginning on March 13, 24 2020, and ending on December 31, 2020. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00306 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 307 1 ‘‘(2)(A) Notwithstanding any other provision of law, 2 the Secretary of the Treasury shall transfer from the gen3 eral fund of the Treasury (from funds not otherwise ap4 propriated) to the employment security administration ac5 count (as established by section 901 of the Social Security 6 Act) such sums as the Secretary of Labor estimates to 7 be necessary for purposes of making the transfers de8 scribed in paragraph (1). 9 ‘‘(B) There are appropriated from the general fund 10 of the Treasury, without fiscal year limitation, the sums 11 referred to in subparagraph (A) and such sums shall not 12 be required to be repaid.’’. 13 14 (c) OPERATING INSTRUCTIONS ANCE.—The OR OTHER GUID- Secretary of Labor may issue any operating 15 instructions or other guidance necessary to carry out the 16 amendments made by this section. 18 TITLE IV—EMERGENCY ASSISTANCE FOR RAIL WORKERS 19 SEC. 80401. WAIVER OF THE 7-DAY WAITING PERIOD FOR 17 20 BENEFITS 21 PLOYMENT INSURANCE ACT. 22 UNDER THE RAILROAD UNEM- (a) NO WAITING WEEK.—With respect to any reg- 23 istration period beginning after the date of enactment of 24 this Act and ending on or before December 31, 2020, sub25 paragraphs (A)(ii) and (B)(ii) of section 2(a)(1) of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 308 1 Railroad Unemployment Insurance Act (45 U.S.C. 2 352(a)(1)) shall not apply. 3 (b) REGULATIONS.—The Railroad Retirement Board 4 may prescribe any operating instructions or regulations 5 necessary to carry out this section. 6 (c) DEFINITIONS.—For purposes of this section, 7 ‘‘registration period’’ has the meaning given such term 8 under section 1 of the Railroad Unemployment Insurance 9 Act. 10 SEC. 80402. ENHANCED BENEFITS UNDER THE RAILROAD 11 UNEMPLOYMENT INSURANCE ACT. 12 Section 2(a) of the Railroad Unemployment Insur- 13 ance Act (45 U.S.C. § 352(a)) is amended by adding at 14 the end the following: 15 ‘‘(5)(A) Notwithstanding paragraph (3), subsection 16 (c)(1)(B), and any other limitation on total benefits in this 17 Act, for registration periods beginning on or after April 18 1, 2020, but on or before December 31, 2020, a recovery 19 benefit in the amount of $1,200 shall be payable to a 20 qualified employee with respect to any registration period 21 in which the employee received unemployment benefits 22 under paragraph (1)(A), and in any registration period in 23 which the employee did not receive unemployment benefits 24 due to the limitation in subsection (c)(1)(B) or due to 25 reaching the maximum number of days of benefits in the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00308 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 309 1 benefit year beginning July 1, 2019, under subsection 2 (c)(1)(A), and throughout any continuing period of unem3 ployment beginning on or before December 31, 2020, ex4 cept that no benefit under this section shall be payable 5 after June 30, 2021. No recovery benefits shall be payable 6 under this section upon the exhaustion of the funds appro7 priated under subparagraph (B) for payment of benefits 8 under this subparagraph. 9 ‘‘(B) Out of any funds in the Treasury not otherwise 10 appropriated, there are appropriated $950,000,000 to 11 cover the cost of recovery benefits provided under subpara12 graph (A), to remain available until expended.’’. 13 SEC. 80403. EXTENDED UNEMPLOYMENT BENEFITS UNDER 14 THE RAILROAD UNEMPLOYMENT INSURANCE 15 ACT. 16 (a) EXTENSION.—Section 2(c)(2)(D)(iii) of the Rail- 17 road Unemployment Insurance Act (45 U.S.C. 18 352(c)(2)(D)(iii)) is amended— 19 (1) by striking ‘‘July 1, 2008’’ and inserting 20 ‘‘July 1, 2019’’; 21 (2) by striking ‘‘June 30, 2013’’ and inserting 22 ‘‘June 30, 2020’’; and 23 (3) by striking ‘‘December 31, 2013’’ and in- 24 serting ‘‘December 31, 2020’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 310 1 (b) CLARIFICATION ON AUTHORITY TO USE 2 FUNDS.—Funds appropriated under either the first or 3 second sentence of clause (iv) of section 2(c)(2)(D) of the 4 Railroad Unemployment Insurance Act shall be available 5 to cover the cost of additional extended unemployment 6 benefits provided under such section 2(c)(2)(D) by reason 7 of the amendments made by subsection (a) as well as to 8 cover the cost of such benefits provided under such section 9 2(c)(2)(D) as in effect on the day before the date of enact10 ment of this Act. 11 SEC. 80404. TREATMENT OF PAYMENTS FROM THE RAIL- 12 ROAD 13 COUNT. 14 UNEMPLOYMENT INSURANCE AC- (a) IN GENERAL.—Section 256(i)(1) of the Balanced 15 Budget and Emergency Deficit Control Act of 1985 (2 16 U.S.C. 906(i)(1)) is amended— 17 (1) in subparagraph (B), by striking ‘‘and’’ at 18 the end; 19 (2) in subparagraph (C), by inserting ‘‘and’’ at 20 the end; and 21 (3) by inserting after subparagraph (C) the fol- 22 lowing new subparagraph: 23 ‘‘(D) any payment made from the Railroad Un- 24 employment Insurance Account (established by sec- 25 tion 10 of the Railroad Unemployment Insurance L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00310 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 311 1 Act) for the purpose of carrying out the Railroad 2 Unemployment Insurance Act, and funds appro- 3 priated or transferred to or otherwise deposited in 4 such Account,’’. 5 (b) EFFECTIVE DATE.—The treatment of payments 6 made from the Railroad Unemployment Insurance Ac7 count pursuant to the amendment made by subsection (a) 8 shall take effect 7 days after the date of enactment of this 9 Act and shall apply only to obligations incurred on or after 10 such effective date for such payments. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 312 DIVISION I—FINANCIAL SERVICES 1 2 3 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 4 (a) SHORT TITLE.—This division may be cited as the 5 ‘‘Financial Protections and Assistance for America’s Con6 sumers, States, Businesses, and Vulnerable Populations 7 Act’’. 8 (b) TABLE OF CONTENTS.—The table of contents for 9 this division is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to this division. Sec. 3. Severability. TITLE I—PROTECTING CONSUMERS, RENTERS, HOMEOWNERS AND PEOPLE EXPERIENCING HOMELESSNESS Sec. 101. Direct stimulus payments for families. Sec. 102. Suspension of requirements regarding tenant contribution toward rent. Sec. 103. Temporary moratorium on eviction filings. Sec. 104. Suspension of other consumer loan payments. Sec. 105. Emergency rental assistance. Sec. 106. Emergency homeless assistance. Sec. 107. Participation of Indian Tribes and tribally designated housing entities in Continuum of Care Program. Sec. 108. Housing Assistance Fund. Sec. 109. Mortgage forbearance. Sec. 110. Bankruptcy protections. Sec. 111. Debt collection. Sec. 112. Disaster Protection for Workers’ Credit. Sec. 113. Student loans. Sec. 114. Waiver of in-person appraisal requirements. Sec. 115. Supplemental funding for community development block grants. Sec. 116. COVID–19 Emergency Housing Relief. Sec. 117. Supplemental funding for service coordinators to assist elderly households. Sec. 118. Fair housing. Sec. 119. Continuation of FHA–FFB affordable rental housing financing partnership. Sec. 120. HUD counseling program authorization. Sec. 121. Defense Production Act of 1950. TITLE II—ASSISTING SMALL BUSINESSES AND COMMUNITY FINANCIAL INSTITUTIONS L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00312 Fmt 6652 Sfmt 6211 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 313 Sec. Sec. Sec. Sec. 201. 202. 203. 204. Sec. 205. Sec. 206. Sec. 207. Sec. 208. Sec. 209. Small Business Credit Facility. Small Business Financial Assistance Program. Suspension of small business and non-profit loan payments. Reauthorization of the State Small Business Credit Initiative Act of 2010. Funding of the Initiative to Build Growth Equity Funds for Minority Businesses. Community Development Financial Institutions Fund supplemental appropriation authorization. Minority depository institution. Loans to MDIs and CDFIs. Insurance of transaction accounts. TITLE III—SUPPORTING STATE, TERRITORY, AND LOCAL GOVERNMENTS Sec. 301. Muni Facility. Sec. 302. Temporary waiver and reprogramming authority. TITLE IV—PROMOTING FINANCIAL STABILITY AND TRANSPARENT MARKETS Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 401. 402. 403. 404. 405. 406. 407. 408. 409. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 410. 411. 412. 413. 414. 415. 416. Temporary halt to rulemakings unrelated to COVID–19. Temporary ban on stock buybacks. Disclosures related to supply chain disruption risk. Disclosures related to global pandemic risk. Oversight of Federal aid related to COVID–19. International financial institutions. Conditions on Federal aid to corporations. Authority for warrants and debt instruments. Authorization to participate in the New Arrangements to Borrow of the International Monetary Fund. Emergency relief through loans and loan guarantees. Limitation on certain employee compensation. International Finance Corporation. Oversight and Reports. Technical corrections. Definitions. Rule of construction. TITLE V—INVESTING IN A SUSTAINABLE RECOVERY Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1 501. 502. 503. 504. 505. 506. 507. Housing is infrastructure. Improving Corporate Governance Through Diversity. Diverse Investment Advisers. Financial Literacy Education Commission Emergency Response. Interagency Pandemic Guidance for Consumers. SEC Pandemic Guidance for Investors. Updates of the Pandemic Influenza Plan and National Planning Frameworks. SEC. 2. REFERENCES TO THIS DIVISION. 2 In this division, any reference to ‘‘this Act’’ shall be 3 deemed a reference to this division. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 314 1 SEC. 3. SEVERABILITY. 2 If any provision of this Act or the application of such 3 provision to any person or circumstance is held to be un4 constitutional, the remainder of this Act, and the applica5 tion of the provisions of this Act, to any person or cir6 cumstance shall not be affected thereby. 10 TITLE I—PROTECTING CONSUMERS, RENTERS, HOMEOWNERS AND PEOPLE EXPERIENCING HOMELESSNESS 11 øSEC. 101. DIRECT STIMULUS PAYMENTS FOR FAMILIES. 7 8 9 ø(a) DEFINITIONS.—In this section:¿ 12 13 ø(1) DIGITAL 14 lar’’ shall mean—¿ DOLLAR.—The term ‘‘digital dol- 15 ø(A) a balance expressed as a dollar value 16 consisting of digital ledger entries that are re- 17 corded as liabilities in the accounts of any Fed- 18 eral reserve bank; or¿ 19 ø(B) an electronic unit of value, redeem- 20 able by an eligible financial institution (as de- 21 termined by the Board of Governors of the Fed- 22 eral Reserve System).¿ 23 ø(2) DIGITAL DOLLAR WALLET.—The term 24 ‘‘digital dollar wallet’’ shall mean a digital wallet or 25 account, maintained by a Federal reserve bank on 26 behalf of any person, that represents holdings in an L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 315 1 electronic device or service that is used to store dig- 2 ital dollars that may be tied to a digital or physical 3 identity.¿ ø(3) MEMBER 4 BANK.—The term ‘‘member 5 bank’’ means a member bank of the Board of Gov- 6 ernors of the Federal Reserve System.¿ ø(4) PASS-THROUGH 7 DIGITAL DOLLAR WAL- 8 LET.—The 9 means a digital wallet or account, maintained by a 10 member bank on behalf of a qualified individual, 11 where such qualified individual is entitled to a pro 12 rata share of a pooled reserve balance that the mem- 13 ber bank maintains at any Federal reserve bank.¿ term ‘‘pass-through digital dollar wallet’’ ø(5) QUALIFIED 14 INDIVIDUAL DEFINED.—The 15 term ‘‘qualified individual’’ means any individual 16 other than any nonresident alien individual.¿ 17 ø(b) EMERGENCY STIMULUS CHECK IMPLEMENTA- 18 TION.—¿ 19 ø(1) PAYMENTS.—The Secretary of the Treas- 20 ury, acting through the Commissioner of the Inter- 21 nal Revenue Service, shall make monthly emergency 22 payments to qualified individuals beginning on the 23 first day of the first month beginning after the date 24 of the enactment of this Act and ending on the later 25 of—¿ L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 316 1 ø(A) the date of the termination by the 2 Federal Emergency Management Agency of the 3 emergency declared on March 13, 2020, by the 4 President under section 501(b) of the Robert T. 5 Stafford Disaster Relief and Emergency Assist- 6 ance Act with respect to the COVID–19 pan- 7 demic; and¿ ø(B) the date on which—¿ 8 9 ø(i) the national unemployment rate 10 (as determined by the Bureau of Labor 11 Statistics) is within 2 percentage points of 12 the national unemployment rate on the 13 date of enactment of this Act; and¿ 14 ø(ii) the 3-month average of the na- 15 tional unemployment rate has declined for 16 two consecutive months.¿ 17 ø(2) AMOUNT 18 ø(A) IN OF PAYMENTS.— GENERAL.—With respect to a 19 qualified individual, the amount of each month- 20 ly payment under paragraph (1) shall be as fol- 21 lows:¿ ø(i) For a qualified individual age 18 22 23 or older, $2,000.¿ ø(ii) For a qualified individual under 24 25 age 18, $1,000.¿ L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 317 ø(B) INCOME 1 LIMITATION.—The amount 2 of a payment under subparagraph (A) shall be 3 reduced (but not below zero) by 5 percent of so 4 much of the individual’s adjusted gross income 5 as exceeds $75,000. The Secretary of the 6 Treasury shall adjust such amount as appro- 7 priate to account for individuals filing joint re- 8 turns.¿ 9 ø(3) METHOD ø(A) IN 10 OF DELIVERY.— GENERAL.—The Secretary of the 11 Treasury, acting through the Commissioner of 12 the Internal Revenue Service, shall make the 13 payments required under paragraph (1)—¿ 14 ø(i) first, by direct deposit (including 15 to a pass-through digital dollar wallet), if 16 the Commissioner has sufficient informa- 17 tion to make direct deposit payments to 18 the applicable individual; and¿ 19 ø(ii) otherwise, by check.¿ 20 ø(B) OUTREACH.—The Secretary of the 21 Treasury, acting through the Commissioner of 22 the Internal Revenue Service, shall establish a 23 system for a qualified individual to provide the 24 Internal Revenue Service with the individual’s L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 318 1 direct deposit information and shall perform 2 outreach to inform the public of such system.¿ 3 ø(4) ACCESSING PAYMENTS.—If a payment is 4 deposited (by any method) into an account of a 5 qualified individual at an insured depository institu- 6 tion (as defined in section 3 of the Federal Deposit 7 Insurance Act) or insured credit union (as defined in 8 section 101 of the Federal Credit Union Act), such 9 funds shall be available for withdrawal on the same 10 day, to the fullest extent possible.¿ 11 ø(5) FUNDING.—The Secretary of the Treasury 12 shall, before each monthly payment required under 13 subsection (a), notify the Board of Governors of the 14 Federal Reserve System of the aggregate amount of 15 such payment, and the Board of Governors shall 16 issue notes in such amount and transfer such notes 17 to the Secretary of the Treasury for use in making 18 such payments.¿ 19 ø(c) MANDATE MEMBER BANKS FOR TO MAINTAIN 20 PASS-THROUGH DIGITAL DOLLAR WALLETS.—¿ 21 ø(1) OBLIGATIONS 22 ø(A) IN OF MEMBER BANKS.— GENERAL.—Member banks are 23 hereby directed to establish and maintain pass- 24 through digital dollar wallets for all persons eli- 25 gible to receive payments from the United L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 319 1 States pursuant to this Act who elect to deposit 2 such payments into a pass-through digital dol- 3 lar wallet.¿ ø(B) SEPARATE 4 ø(i) IN 5 ENTITY.— GENERAL.—Each member 6 bank shall establish and maintain a sepa- 7 rate legal entity for the exclusive purpose 8 of holding all assets and maintaining all li- 9 abilities associated with pass-through dig- 10 ital dollar wallets.¿ 11 ø(ii) ASSETS.—The assets of any enti- 12 ty described in this paragraph shall consist 13 exclusively of a balance maintained in a 14 master account at a Federal reserve bank, 15 and the liabilities or obligations of the enti- 16 ty shall consist exclusively of an equal 17 quantity of balances maintained by holders 18 of pass-through digital dollar wallets.¿ ø(iii) SEPARATE 19 ASSETS AND LIABIL- 20 ITIES.—The 21 legal entity described in this paragraph 22 shall not be deemed assets or liabilities of 23 the member bank or its affiliates for pur- 24 poses of any capital or liquidity regulation assets and liabilities of any L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 320 1 promulgated by Federal or State banking 2 authorities.¿ 3 ø(C) APPLICATION.—Member banks with 4 total 5 $10,000,000,000 shall promptly offer individ- 6 uals the ability to apply, through online or tele- 7 phonic means, for a pass-through digital dollar 8 wallets.¿ 9 ø(2) TERMS.—Member banks shall ensure that 10 a pass-through digital dollar wallet established under 11 this section—¿ consolidated assets in excess of 12 ø(A) may not be subject to any account 13 fees, minimum balances, or maximum bal- 14 ances;¿ ø(B) shall pay interest at a rate not below 15 16 the greater of—¿ ø(i) the rate of interest on required 17 18 reserves; and¿ ø(ii) the rate of interest on excess re- 19 20 serves;¿ 21 ø(C) shall provide functionality and service 22 levels not less favorable than those that the 23 member bank offers for its existing transaction 24 accounts (including with respect to access to 25 debit cards and automated teller machines, on- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 321 1 line account access, automatic bill-pay and mo- 2 bile banking services, customer service, and 3 such other services as the Board determines), 4 except that pass-through digital dollar wallet 5 shall not include overdraft coverage;¿ 6 ø(D) shall be prominently branded in all 7 account statements, marketing materials, and 8 other communications of the member bank as a 9 ‘‘pass-through FedAccount’’ maintained by the 10 member bank on behalf of the Board of Gov- 11 ernors of the Federal Reserve System;¿ 12 ø(E) may not be closed or restricted by the 13 member bank on the basis of profitability con- 14 siderations; and¿ 15 ø(F) shall provide holders with reasonable 16 protection against losses caused by fraud or se- 17 curity breaches.¿ 18 ø(3) REIMBURSEMENT ø(A) IN 19 FOR COSTS.— GENERAL.—Each member bank 20 with total consolidated assets not greater than 21 $10,000,000,000 shall be reimbursed each cal- 22 endar quarter by the relevant Federal reserve 23 bank for actual and reasonable operational 24 costs incurred by the member bank in offering 25 pass-through digital dollar wallets.¿ L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 322 1 ø(B) RULEMAKING.—The Board of Gov- 2 ernors of the Federal Reserve System shall 3 issue rules to carry out subparagraph (A).¿ 4 ø(4) AUTHORITY OF THE BOARD.—Member 5 banks shall be subject to such rules as may be im- 6 posed by the Board of Governors of the Federal Re- 7 serve System in connection with maintaining pass- 8 through digital dollar wallets.¿ 9 ø(d) AUTHORITY 10 AND CREDIT UNIONS FOR TO STATE NONMEMBER BANKS OFFER PASS-THROUGH DIGITAL 11 DOLLAR WALLETS.—The Federal reserve banks shall per12 mit State banks and credit unions that are not member 13 banks to open master accounts for the exclusive purpose 14 of offering pass-through digital dollar wallets in compli15 ance with the requirements of subsection (c). Each State 16 bank or credit union electing to offer pass-through digital 17 wallets shall be entitled to cost reimbursement in accord18 ance with subsection (c)(3).¿ ø(e) MANDATE 19 FOR FEDERAL RESERVE BANKS TO 20 MAINTAIN DIGITAL DOLLAR WALLETS.—¿ 21 ø(1) AUTHORIZATION.—Subject to such restric- 22 tions, limitations, and regulations as may be im- 23 posed by the Board of Governors of the Federal Re- 24 serve System, each Federal reserve bank shall main- 25 tain digital dollar wallets.¿ L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 323 1 ø(2) MANDATE.— 2 ø(A) IN GENERAL.—Not later than Janu- 3 ary 1, 2021, all Federal reserve banks shall 4 make digital dollar wallets available to all citi- 5 zens and legal permanent residents of the 6 United States and business entities for which 7 the principal place of business is located in the 8 United States.¿ 9 ø(B) EXCEPTION.—In geographic areas 10 where physical access to a branch of a Federal 11 reserve bank is limited, Federal reserve banks 12 serving such areas shall partner with United 13 States Postal Service branch offices to ensure 14 access and availability to application and ac- 15 count services for digital dollar wallets.¿ 16 ø(3) TERMS OF DIGITAL DOLLAR WALLETS.— 17 Federal reserve banks shall ensure that digital dollar 18 wallets established under this section—¿ 19 ø(A) may not be subject to any account 20 fees, minimum balances, or maximum bal- 21 ances;¿ ø(B) shall pay interest at a rate not below 22 23 the greater of—¿ ø(i) the rate of interest on required 24 25 reserves; and¿ L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 324 ø(ii) the rate of interest on excess re- 1 2 serves;¿ 3 ø(C) shall provide access to debit cards, 4 online account access, automatic bill-pay and 5 mobile banking services, customer service, and 6 such other services as the Board determines, 7 except that digital dollar wallets shall not in- 8 clude overdraft coverage.¿ 9 ø(D) shall provide, in conjunction with the 10 United States Postal Service, access to auto- 11 mated teller machines to be maintained on be- 12 half of the Board by the United States Postal 13 Service at branch offices;¿ 14 ø(E) shall be prominently branded in all 15 account statements, marketing materials, and 16 other communications of the Federal reserve 17 bank as a ‘‘FedAccount’’ maintained by the 18 member bank on behalf of the United States of 19 America;¿ ø(F) may not be closed or restricted on the 20 21 basis of profitability considerations; and¿ 22 ø(G) shall provide holders with reasonable 23 protection against losses caused by fraud or se- 24 curity breaches.¿ L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00324 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 325 ø(4) BANK 1 SECRECY ACT.—In establishing and 2 maintaining digital dollar wallets, each Federal re- 3 serve bank shall comply with section 21 of the Fed- 4 eral Deposit Insurance Act (12 U.S.C. 1829b), sec- 5 tion 123 of Public Law 91–508, subchapter II of 6 chapter 53 of title 31, United States Code.¿ 7 ø(5) PENALTIES.—The Board of Governors of 8 the Federal Reserve System shall, by rule, establish 9 penalties applicable to Federal reserve banks and 10 employees of such banks for violations of privacy ob- 11 ligations relating to digital dollar wallets that are 12 similar to the penalties imposed by the Commis- 13 sioner of the Internal Revenue Service with respect 14 to violations of privacy obligations relating to Fed- 15 eral tax returns.¿ 16 ø(f) REGULATIONS.—The Board of Governors of the 17 Federal Reserve System shall promulgate regulations to 18 carry out this section.¿ 19 SEC. 102. SUSPENSION OF REQUIREMENTS REGARDING 20 TENANT CONTRIBUTION TOWARD RENT. 21 (a) SUSPENSION.—Notwithstanding any other provi- 22 sion of law, the obligation of each tenant household of a 23 dwelling unit in assisted housing to pay any contribution 24 toward rent for occupancy in such dwelling unit shall be 25 suspended with respect to such occupancy during the pe- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 326 1 riod beginning on the date of the enactment of this Act 2 and ending 6 months after the date of the termination 3 by the Federal Emergency Management Agency of the 4 emergency declared on March 13, 2020, by the President 5 under the Robert T. Stafford Disaster Relief and Emer6 gency Assistance Act (42 U.S.C. 4121 et seq.) relating 7 to the Coronavirus Disease 2019 (COVID–19) pandemic. 8 (b) FEDERAL REIMBURSEMENT PAYMENTS.—To the 9 extent that amounts are made available pursuant to sub10 section (e) for reimbursements under this subsection, the 11 Secretary of Housing and Urban Development or the Sec12 retary of Agriculture, as appropriate, shall— 13 (1) provide owners of assisted housing and pub- 14 lic housing agencies for any amounts in rent not re- 15 ceived as a result of subsection (a), plus the amount 16 of any increases in costs of administering and main- 17 taining such housing to the extent only that such in- 18 creases result from the public health emergency re- 19 lating to Coronavirus Disease 2019 (COVID–19); 20 and 21 (2) in the case of public housing agencies pro- 22 viding assistance under section 8(o) of the United 23 States Housing Act of 1937 (42 U.S.C. 1437f(o)), 24 reimburse such agencies in an amount sufficient to 25 cover any increase in housing assistance payments L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 327 1 resulting from the suspension of tenant rent pay- 2 ments pursuant to subsection (a), plus the amount 3 of any increases in the cost of administering such 4 assistance to the extent only that such increases re- 5 sult from the public health emergency relating to 6 Coronavirus Disease 2019 (COVID–19). 7 (c) PROHIBITIONS.— 8 (1) ON FINES.—No tenant or tenant household 9 may be charged a fine or fee for nonpayment of rent 10 in accordance with subsection (a) and such non- 11 payment of rent shall not be grounds for any termi- 12 nation of tenancy or eviction. 13 (2) ON DEBT.—No tenant or tenant household 14 may be treated as accruing any debt by reason of 15 suspension of contribution of rent under subsection 16 (a). 17 (3) ON REPAYMENT.—held liable for repayment 18 of any amount of rent contribution suspended under 19 subsection (a). 20 (4) ON CREDIT SCORES.—The nonpayment of 21 rent by a tenant or tenant household shall not be re- 22 ported to a consumer reporting agency nor shall 23 such nonpayment adversely affect a tenant or mem- 24 ber of a tenant household’s credit score. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 328 1 (d) ASSISTED HOUSING.—For purposes of this sec- 2 tion, the term ‘‘assisted housing’’ means housing or a 3 dwelling unit assisted under— 4 (1) section 213, 220, 221(d)(3), 221(d)(4), 5 223(e), 231, or 236 of the National Housing Act 6 (12 U.S.C. 1715l(d)(3), (d)(4), or 1715z–1); 7 (2) section 101 of the Housing and Urban De- 8 velopment Act of 1965 (12 U.S.C. 1701s); 9 (3) section 202 of the Housing Act of 1959 (12 10 U.S.C. 1701q); 11 (4) section 811 of the Cranston-Gonzales Na- 12 tional Affordable Housing Act (42 U.S.C. 8013); 13 (5) title II of the Cranston-Gonzalez National 14 Affordable Housing Act (42 U.S.C. 12701 et seq.); 15 (6) subtitle D of title VIII of the Cranston-Gon- 16 zalez National Affordable Housing Act (42 U.S.C. 17 12901 et seq.); 18 (7) title I of the Housing and Community De- 19 velopment Act of 1974 (42 U.S.C. 5301 et seq.); 20 (8) section 8 of the United States Housing Act 21 of 1937 (42 U.S.C. 1437f); 22 (9) the public housing program under title I of 23 the United States Housing Act of 1937 (42 U.S.C. 24 1437 et seq.); or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 329 1 (10) section 514, 515, 516, 521(a)(2), 538, or 2 542 of the Housing Act of 1949 (42 U.S.C. 1484, 3 1485, 1486, 1490a(a)(2), 1490p-2, 1490r). 4 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 5 authorized to be appropriated such sums as may be nec6 essary to make payments under subsection (b) to all own7 ers of assisted housing and public housing agencies. 8 SEC. 103. TEMPORARY MORATORIUM ON EVICTION FIL- 9 INGS. 10 (a) CONGRESSIONAL FINDINGS.—The Congress finds 11 that— 12 (1) according to the 2018 American Community 13 Survey, 36 percent of households in the United 14 States—more than 43 million households—are rent- 15 ers; 16 (2) in 2019 alone, renters in the United States 17 paid $512 billion in rent; 18 (3) according to the Joint Center for Housing 19 Studies of Harvard University, 20.8 million renters 20 in the United States spent more than 30 percent of 21 their incomes on housing in 2018 and 10.9 million 22 renters spent more than 50 percent of their incomes 23 on housing in the same year; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 330 1 (4) Moody’s Analytics estimates that 27 million 2 jobs in the U.S. economy are at high risk because 3 of COVID–19; 4 (5) the impacts of the spread of COVID–19, 5 which is now considered a global pandemic, are ex- 6 pected to negatively impact the incomes of poten- 7 tially millions of renter households, making it dif- 8 ficult for them to pay their rent on time; and 9 (6) evictions in the current environment would 10 increase homelessness and housing instability which 11 would be counterproductive towards the public 12 health goals of keeping individuals in their homes to 13 the greatest extent possible. 14 (b) MORATORIUM.—During the period beginning on 15 the date of the enactment of this Act and ending on the 16 date described in paragraph (1) of subsection (d), the les17 sor of a covered dwelling may not make, or cause to be 18 made, any filing with the court of jurisdiction to initiate 19 a legal action to recover possession of the covered dwelling 20 from the tenant regardless of cause, except when a tenant 21 perpetrates a serious criminal act that threatens the 22 health, life, or safety of other tenants, owners, or staff 23 of the property in which the covered dwelling is located. 24 (c) DEFINITIONS.—For purposes of this section, the 25 following definitions shall apply: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 331 1 (1) COVERED DWELLING.—The term ‘‘covered 2 dwelling’’ means a dwelling that is occupied by a 3 tenant— 4 (A) pursuant to a residential lease; or 5 (B) without a lease or with a lease ter- 6 minable at will under State law. 7 (2) DWELLING.—The term ‘‘dwelling’’ has the 8 meaning given such term in section 802 of the Fair 9 Housing Act (42 U.S.C. 3602) and includes houses 10 and dwellings described in section 803(b) of such 11 Act (42 U.S.C. 3603(b)). 12 (d) SUNSET.— 13 (1) SUNSET DATE.—The date described in this 14 paragraph is the date of the expiration of the 6- 15 month period that begins upon the termination by 16 the Federal Emergency Management Agency of the 17 emergency declared on March 13, 2020, by the 18 President under the Robert T. Stafford Disaster Re- 19 lief and Emergency Assistance Act (42 U.S.C. 4121 20 et seq.) relating to the Coronavirus Disease 2019 21 (COVID–19) pandemic. 22 (2) 23 DATE.—After 24 the lessor of a covered dwelling may not require the 25 tenant to vacate the covered dwelling before the ex- NOTICE TO VACATE AFTER SUNSET the date described in paragraph (1), L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 332 1 piration of the 30-day period that begins upon the 2 provision by the lessor to the tenant, after the date 3 described in paragraph (1), of a notice to vacate the 4 covered dwelling. 5 SEC. 104. SUSPENSION OF OTHER CONSUMER LOAN PAY- 6 MENTS. 7 (a) IN GENERAL.—During the COVID–19 emer- 8 gency, a debt collector may not, with respect to a debt 9 of a consumer (other than debt related to a federally re10 lated mortgage loan)— 11 (1) capitalize unpaid interest; 12 (2) apply a higher interest rate triggered by the 13 nonpayment of a debt to the debt balance; 14 (3) charge a fee triggered by the nonpayment of 15 a debt; 16 (4) sue or threaten to sue for nonpayment of a 17 debt; 18 (5) continue litigation to collect a debt that was 19 initiated before the date of enactment of this section; 20 (6) submit or cause to be submitted a confes- 21 sion of judgment to any court; 22 (7) enforce a security interest through reposses- 23 sion, limitation of use, or foreclosure; 24 (8) take or threaten to take any action to en- 25 force collection, or any adverse action for non- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00332 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 333 1 payment of a debt, or for nonappearance at any 2 hearing relating to a debt; 3 (9) commence or continue any action to cause 4 or to seek to cause the collection of a debt, including 5 pursuant to a court order issued before the end of 6 the 120-day period following the end of the COVID– 7 19 emergency, from wages, Federal benefits, or 8 other amounts due to a consumer by way of garnish- 9 ment, deduction, offset, or other seizure; 10 (10) cause or seek to cause the collection of a 11 debt, including pursuant to a court order issued be- 12 fore the end of the 120-day period following the end 13 of the COVID–19 emergency, by levying on funds 14 from a bank account or seizing any other assets of 15 a consumer; 16 (11) commence or continue an action to evict a 17 consumer from real or personal property; or 18 (12) disconnect or terminate service from utility 19 service, including electricity, natural gas, tele- 20 communications or broadband, water, or sewer. 21 (b) RULE OF CONSTRUCTION.—Nothing in this sec- 22 tion may be construed to prohibit a consumer from volun23 tarily paying, in whole or in part, a debt. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00333 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 334 1 (c) REPAYMENT PERIOD.—After the expiration of the 2 COVID–19 emergency, with respect to a debt described 3 under subsection (a), a debt collector— 4 (1) may not add to the debt balance any inter- 5 est or fee prohibited by subsection (a); 6 (2) shall, for credit with a defined term or pay- 7 ment period, extend the time period to repay the 8 debt balance by 1 payment period for each payment 9 that a consumer missed during the COVID–19 10 emergency, with the payments due in the same 11 amounts and at the same intervals as the pre-exist- 12 ing payment schedule; 13 (3) shall, for an open end credit plan (as de- 14 fined under section 103 of the Truth in Lending 15 Act) or other credit without a defined term, allow 16 the consumer to repay the debt balance in a manner 17 that does not exceed the amounts permitted by for- 18 mulas under section 170(c) of the Truth in Lending 19 Act and regulations promulgated thereunder; 20 (4) shall, when the consumer notifies the debt 21 collector, offer reasonable and affordable repayment 22 plans, loan modifications, refinancing, options with a 23 reasonable time in which to repay the debt. 24 (d) COMMUNICATIONS IN CONNECTION WITH THE 25 COLLECTION OF A DEBT.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 335 1 (1) IN GENERAL.—During the COVID–19 2 emergency, without prior consent of a consumer 3 given directly to a debt collector during the COVID– 4 19 emergency, or the express permission of a court 5 of competent jurisdiction, a debt collector may only 6 communicate in writing in connection with the col- 7 lection of any debt (other than debt related to a fed- 8 erally related mortgage loan). 9 (2) REQUIRED 10 (A) IN DISCLOSURES.— GENERAL.—All written communica- 11 tions described under paragraph (1) shall in- 12 form the consumer that the communication is 13 for informational purposes and is not an at- 14 tempt to collect a debt. 15 (B) REQUIREMENTS.—The disclosure re- 16 quired under subparagraph (A) shall be made— 17 (i) in type or lettering not smaller 18 than 14–point bold type; 19 (ii) separate from any other disclo- 20 sure; 21 (iii) in a manner designed to ensure 22 that the recipient sees the disclosure clear- 23 ly; 24 (iv) in English and Spanish and in 25 any additional languages in which the debt L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 336 1 collector communicates, including the lan- 2 guage in which the loan was negotiated, to 3 the extent known by the debt collector; and 4 (v) may be provided by first-class mail 5 or electronically, if the borrower has other- 6 wise consented to electronic communication 7 with the debt collector and has not revoked 8 such consent. 9 (C) ORAL NOTIFICATION.—Any oral notifi- 10 cation shall be provided in the language the 11 debt collector otherwise uses to communicate 12 with the borrower. 13 (D) WRITTEN TRANSLATIONS.—In pro- 14 viding written notifications in languages other 15 than English in this Section, a debt collector 16 may rely on written translations developed by 17 the Bureau of Consumer Financial Protection. 18 (e) VIOLATIONS.— 19 (1) IN 20 section shall— GENERAL.—Any person who violates this 21 (A) except as provided under subparagraph 22 (B), be subject to civil liability in accordance 23 with section 813 of the Fair Debt Collection 24 Practices Act, as if the person is a debt col- 25 lector for purposes of that section; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 337 1 (B) be liable to the consumer for an 2 amount 10 times the amounts described in such 3 section 813, for each violation. 4 (2) PREDISPUTE ARBITRATION AGREEMENTS.— 5 Notwithstanding any other provision of law, no 6 predispute arbitration agreement or predispute joint- 7 action waiver shall be valid or enforceable with re- 8 spect to a dispute brought under this section, includ- 9 ing a dispute as to the applicability of this section, 10 which shall be determined under Federal law. 11 (f) TOLLING.—Except as provided in subsection 12 (g)(5), any applicable time limitations, including statutes 13 of limitations, related to a debt under Federal or State 14 law shall be tolled during the COVID–19 emergency. 15 (g) CLAIMS OF AFFECTED CREDITORS AND DEBT 16 COLLECTORS.— 17 (1) VALUATION OF PROPERTY.—With respect 18 to any action asserting a taking under the Fifth 19 Amendment of the Constitution of the United States 20 as a result of this section or seeking a declaratory 21 judgment regarding the constitutionality of this sec- 22 tion, the value of the property alleged to have been 23 taken without just compensation shall be evalu- 24 ated— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 338 1 (A) with consideration of the likelihood of 2 full and timely payment of the obligation with- 3 out the actions taken pursuant to this section; 4 and 5 (B) without consideration of any assistance 6 provided directly or indirectly to the consumer 7 from other Federal, State, and local govern- 8 ment programs instituted or legislation enacted 9 in response to the COVID–19 emergency. 10 (2) SCOPE OF JUST COMPENSATION.—In an ac- 11 tion described in paragraph (1), any assistance or 12 benefit provided directly or indirectly to the person 13 from other Federal, State, and local government 14 programs instituted in or legislation enacted re- 15 sponse to the COVID–19 emergency, shall be 16 deemed to be compensation for the property taken, 17 even if such assistance or benefit is not specifically 18 provided as compensation for property taken by this 19 section. 20 (3) APPEALS.—Any appeal from an action 21 under this section shall be treated under section 158 22 of title 28, United States Code, as if it were an ap- 23 peal in a case under title 11, United States Code. 24 (4) REPOSE.—Any action asserting a taking 25 under the Fifth Amendment to the Constitution of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 339 1 the United States as a result of this section shall be 2 brought within not later than 180 days after the end 3 of the COVID–19 emergency. 4 (h) CREDIT FACILITY FOR OTHER PURPOSES.— 5 (1) ESTABLISHMENT.—The Board of Governors 6 of the Federal Reserve System shall establish a facil- 7 ity that the Board of Governors shall use to make 8 payments to covered financial institutions to com- 9 pensate such institutions for documented financial 10 losses caused by the suspension of payments re- 11 quired under this section . 12 (2) COVERED FINANCIAL INSTITUTION DE- 13 FINED.—In 14 cial institution’’ means the holder of a loan described 15 under this section. 16 (i) DEFINITIONS.—In this section: this subsection, the term ‘‘covered finan- 17 (1) CONSUMER.—The term ‘‘consumer’’ means 18 any individual obligated or allegedly obligated to pay 19 any debt. 20 (2) COVID–19 EMERGENCY.—The term 21 ‘‘COVID–19 emergency’’ means the period that be- 22 gins upon the date of the enactment of this Act and 23 ends on the date of the termination by the Federal 24 Emergency Management Agency of the emergency 25 declared on March 13, 2020, by the President under L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 340 1 the Robert T. Stafford Disaster Relief and Emer- 2 gency Assistance Act (42 U.S.C. 4121 et seq.) relat- 3 ing to the Coronavirus Disease 2019 (COVID–19) 4 pandemic. 5 (3) CREDITOR.—The term ‘‘creditor’’ means— 6 (A) any person who offers or extends cred- 7 it creating a debt or to whom a debt is owed 8 or other obligation for payment; 9 (B) any lessor of real or personal property; 10 or 11 (C) any provider of utility services. 12 (4) DEBT.—The term ‘‘debt’’— 13 (A) means any obligation or alleged obliga- 14 tion that is or during the COVID emergency 15 becomes past due— 16 (i) for which the original agreement, 17 or if there is no agreement, the original ob- 18 ligation to pay was created before the 19 COVID emergency, whether or not such 20 obligation has been reduced to judgment; 21 and 22 (ii) that arises out of a transaction 23 with a consumer; and 24 (B) does not include a federally related 25 mortgage loan. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00340 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 341 1 (5) DEBT COLLECTOR.—The term ‘‘debt col- 2 lector’’ means a creditor, and any person or entity 3 that engages in the collection of debt, including the 4 Federal Government and a State government, irre- 5 spective of whether the debt is allegedly owed to or 6 assigned to that person or to the entity. 7 (6) FEDERALLY RELATED MORTGAGE LOAN.— 8 The term ‘‘federally related mortgage loan’’ has the 9 meaning given that term under section 3 of the Real 10 Estate Settlement Procedures Act of 1974 (12 11 U.S.C. 2602). 12 SEC. 105. EMERGENCY RENTAL ASSISTANCE. 13 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 14 authorized to be appropriated for grants under the Emer15 gency Solutions Grants program under subtitle B of title 16 IV of the McKinney-Vento Homeless Assistance Act (42 17 U.S.C. 11371 et seq.) $100,000,000,000 for grants under 18 such subtitle only for providing rental assistance in ac19 cordance with section 415(a)(4) of such Act (42 U.S.C. 20 11374(a)(4)) and this section to respond to needs arising 21 from the emergency declared on March 13, 2020, by the 22 President under the Robert T. Stafford Disaster Relief 23 and Emergency Assistance Act (42 U.S.C. 4121 et seq.) 24 relating to the Coronavirus Disease 2019 (COVID–19) 25 pandemic. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 342 1 (b) INCOME TARGETING.—For purposes of assistance 2 made available with amounts made available pursuant to 3 subsection (a)— 4 (1) section 401(1)(A) of the McKinney-Vento 5 Homeless Assistance Act (42 U.S.C. 11360(1)(A)) 6 shall be applied by substituting ‘‘80 percent’’ for 7 ‘‘30 percent’’; and 8 (2) each grantee of such amounts shall use not 9 less than 50 percent of the amounts received only 10 for providing assistance for persons or families expe- 11 riencing homelessness or at risk of homelessness, 12 who have incomes not exceeding 50 percent of the 13 median income for the relevant geographic area; ex- 14 cept that the Secretary may waive the requirement 15 under this paragraph if the grantee demonstrates to 16 the satisfaction of the Secretary that the population 17 in the geographic area served by the grantee having 18 such incomes is sufficiently being served with respect 19 to activities eligible for funding with such amounts. 20 (c) DEFINITION OF AT RISK OF HOMELESSNESS.— 21 For purposes of assistance made available with amounts 22 made available pursuant to subsection (a), section 401(1) 23 of the McKinney-Vento Homeless Assistance Act shall be 24 applied, during the period that begins on the date of the 25 enactment of this Act and ends upon the expiration of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00342 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 343 1 6-month period that begins upon the termination by the 2 Federal Emergency Management Agency of the emergency 3 declared on March 13, 2020, by the President under the 4 Robert T. Stafford Disaster Relief and Emergency Assist5 ance Act (42 U.S.C. 4121 et seq.) relating to the 6 Coronavirus Disease 2019 (COVID–19) pandemic, as if 7 subparagraph (C) were repealed. 8 (d) 3-YEAR AVAILABILITY.—Each grantee of 9 amounts made available pursuant to subsection (a) shall 10 expend— 11 (1) at least 60 percent of such grant amounts 12 within 2 years of the date that such funds became 13 available to the grantee for obligation; and 14 (2) 100 percent of such grant amounts within 15 3 years of such date. 16 The Secretary may recapture any amounts not expended 17 in compliance with paragraph (1) of this subsection and 18 reallocate such amounts to grantees in compliance with 19 the formula referred to in subsection (h)(1)(A) of this sec20 tion. 21 (e) RENT RESTRICTIONS.—Paragraph (1) of section 22 576.106(d) of the Secretary’s regulations (24 C.F.R. 23 576.106(d)(1)) shall be applied, with respect to rental as24 sistance made available with amounts made available pur- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00343 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 344 1 suant to subsection (a), by substituting ‘‘120 percent of 2 the Fair Market Rent’’ for ‘‘the Fair Market Rent’’. 3 (f) SUBLEASES.—Notwithstanding the second sen- 4 tence of subsection (g) of section 576.106 of the Sec5 retary’s regulations (24 C.F.R. 576.106(g)), a program 6 participant may sublet, with rental assistance made avail7 able with amounts made available pursuant to subsection 8 (a) of this section, a dwelling unit from a renter of the 9 dwelling unit if there is a legally binding, written lease 10 agreement for such sublease. 11 12 (g) HOUSING RELOCATION TIVITIES.—A OR STABILIZATION AC- grantee of amounts made available pursuant 13 to subsection (a) may expend up to 20 percent of its allo14 cation for activities under section 415(a)(5) of the McKin15 ney-Vento Homeless Assistance Act (42 U.S.C. 16 11374(a)(5)). 17 (h) ALLOCATION OF ASSISTANCE.— 18 (1) IN GENERAL.—In allocating amounts made 19 available pursuant to subsection (a), the Secretary of 20 Housing and Urban Development shall— 21 (A) not later than 30 days after the date 22 of the enactment of this Act, allocate any such 23 amounts that do not exceed $50,000,000,000 24 under the formula specified in subsections (a), 25 (b), and (e) of section 414 of the McKinney- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00344 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 345 1 Vento Homeless Assistance Act (42 U.S.C. 2 11373) to, and notify, each State, metropolitan 3 city, and urban county that is to receive a di- 4 rect grant of such amounts; and 5 (B) not later than 120 days after the date 6 of the enactment of this Act, allocate any re- 7 maining amounts to eligible grantees by a for- 8 mula to be developed by the Secretary of Hous- 9 ing and Urban Development that takes into 10 consideration the formula referred to in sub- 11 paragraph (A) of this paragraph, and the need 12 for emergency rental assistance under this sec- 13 tion, including severe housing cost burden 14 among extremely low- and very low-income 15 renters and disruptions in housing and eco- 16 nomic conditions, including unemployment. 17 (2) ALLOCATIONS TO STATES.—A State recipi- 18 ent of an allocation under this section may elect to 19 directly administer up to 50 percent of its allocation 20 to carry out activities eligible under this section. 21 (3) ELECTION NOT TO ADMINISTER.—If a 22 grantee elects not to receive funds under this sec- 23 tion, such funds shall be allocated to the State re- 24 cipient in which the grantee is located. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00345 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 346 1 2 (i) INAPPLICABILITY MENT.—Subsection OF MATCHING REQUIRE- (a) of section 416 of the McKinney- 3 Vento Homeless Assistance Act (42 U.S.C. 11375(a)) 4 shall not apply to any amounts made available pursuant 5 to subsection (a) of this section. 6 (j) PROHIBITION ON PREREQUISITES.—None of the 7 funds authorized under this section may be used to require 8 people experiencing homelessness to receive treatment or 9 perform any other prerequisite activities as a condition for 10 receiving shelter, housing, or other services. 11 (k) PUBLIC HEARINGS.— 12 (1) INAPPLICABILITY OF IN-PERSON HEARING 13 REQUIREMENTS.—A 14 hold in-person public hearings in connection with its 15 citizen participation plan, but shall provide citizens 16 with notice and a reasonable opportunity to com- 17 ment of not less than 15 days. Following the period 18 that begins upon the date of the enactment of this 19 Act and ends upon the date of the termination by 20 the Federal Emergency Management Agency of the 21 emergency declared on March 13, 2020, by the 22 President under the Robert T. Stafford Disaster Re- 23 lief and Emergency Assistance Act (42 U.S.C. 4121 24 et seq.) relating to the Coronavirus Disease 2019 25 (COVID–19) pandemic, and after the period de- grantee may not be required to L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 347 1 scribed in paragraph (2), the Secretary shall direct 2 grantees to resume pre-crisis public hearing require- 3 ments. 4 (2) VIRTUAL PUBLIC HEARINGS.—During the 5 period that national or local health authorities rec- 6 ommend social distancing and limiting public gath- 7 erings for public health reasons, a grantee may ful- 8 fill applicable public hearing requirements for all 9 grants from funds made available pursuant to this 10 section by carrying out virtual public hearings. Any 11 such virtual hearings shall provide reasonable notifi- 12 cation and access for citizens in accordance with the 13 grantee’s certifications, timely responses from local 14 officials to all citizen questions and issues, and pub- 15 lic access to all questions and responses. 16 (l) ADMINISTRATION.—Of any amounts made avail- 17 able pursuant to subsection (a), not more than the lesser 18 of 0.5 percent, or $15,000,000, may be used for staffing, 19 training, technical assistance, technology, monitoring, re20 search, and evaluation activities necessary to carry out the 21 program carried out under this section, and such amounts 22 shall remain available until September 30, 2024. 23 SEC. 106. EMERGENCY HOMELESS ASSISTANCE. 24 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 25 authorized to be appropriated under the Emergency Solu- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 348 1 tions Grants program under subtitle B of title IV of the 2 McKinney-Vento Homeless Assistance Act (42 U.S.C. 3 11371 et seq.) $15,500,000,000 for grants under such 4 subtitle in accordance with this section to respond to needs 5 arising from the public health emergency relating to 6 Coronavirus Disease 2019 (COVID–19). 7 (b) FORMULA.—Notwithstanding sections 413 and 8 414 of the McKinney-Vento Homeless Assistance Act (42 9 U.S.C. 11372, 11373), the Secretary of Housing and 10 Urban Development (in this Act referred to as the ‘‘Sec11 retary’’) shall allocate amounts made available pursuant 12 to subsection (a) in accordance with a formula to be estab13 lished by the Secretary that takes into consideration the 14 following factors: 15 (1) Risk of transmission of coronavirus in a ju- 16 risdiction. 17 (2) Whether a jurisdiction has a high number 18 or rate of sheltered and unsheltered homeless indi- 19 viduals and families. 20 (3) Economic and housing market conditions in 21 a jurisdiction. 22 (c) ELIGIBLE ACTIVITIES.—In addition to eligible ac- 23 tivities under section 415(a) of the McKinney-Vento 24 Homeless Assistance Act (42 U.S.C. 11374(a), amounts L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 349 1 made available pursuant to subsection (a) may also be 2 used for costs of the following activities: 3 (1) Providing training on infectious disease pre- 4 vention and mitigation. 5 (2) Providing hazard pay, including for time 6 worked before the effectiveness of this clause, for 7 staff working directly to prevent and mitigate the 8 spread of coronavirus or COVID–19 among people 9 experiencing or at risk of homelessness. 10 (3) Reimbursement of costs for eligible activi- 11 ties (including activities described in this paragraph) 12 relating to preventing, preparing for, or responding 13 to the coronavirus or COVID–19 that were accrued 14 before the date of the enactment of this Act. 15 Use of such amounts for activities described in this para16 graph shall not be considered use for administrative pur17 poses for purposes of section 418 of the McKinney-Vento 18 Homeless Assistance Act (42 U.S.C. 11377). 19 20 (d) INAPPLICABILITY ARDS.—To OF PROCUREMENT STAND- the extent amounts made available pursuant 21 to subsection (a) are used to procure goods and services 22 relating to activities to prevent, prepare for, or respond 23 to the coronavirus or COVID–19, the standards and re24 quirements regarding procurement that are otherwise ap25 plicable shall not apply. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 350 1 2 (e) INAPPLICABILITY RONMENTAL OF HABITABILITY AND ENVI- REVIEW STANDARDS.—Any Federal stand- 3 ards and requirements regarding habitability and environ4 mental review shall not apply with respect to any emer5 gency shelter that is assisted with amounts made available 6 pursuant to subsection (a) and has been determined by 7 a State or local health official, in accordance with such 8 requirements as the Secretary shall establish, to be nec9 essary to prevent and mitigate the spread of coronavirus 10 or COVID–19, such shelters. 11 12 (f) INAPPLICABILITY TER OF CAP ON EMERGENCY SHEL- ACTIVITIES.—Subsection (b) of section 415 of the 13 McKinney-Vento Homeless Assistance Act shall not apply 14 to any amounts made available pursuant to subsection 15 (a)(1) of this section. 16 (g) INITIAL ALLOCATION OF ASSISTANCE.—Section 17 417(b) of the McKinney-Vento Homeless Assistance Act 18 (42 U.S.C. 11376(b)) shall be applied with respect to 19 amounts made available pursuant to subsection (a) by 20 substituting ‘‘30-day’’ for ‘‘60-day’’. 21 (h) WAIVERS AND ALTERNATIVE REQUIREMENTS.— 22 (1) AUTHORITY.—In administering amounts 23 made available pursuant to subsection (a), the Sec- 24 retary may waive, or specify alternative require- 25 ments for, any provision of any statute or regulation L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00350 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 351 1 (except for any requirements related to fair housing, 2 nondiscrimination, labor standards, and the environ- 3 ment) that the Secretary administers in connection 4 with the obligation or use by the recipient of such 5 amounts, if the Secretary finds that good cause ex- 6 ists for the waiver or alternative requirement and 7 such waiver or alternative requirement is consistent 8 with the purposes described in this subsection. 9 (2) EFFECTIVENESS; APPLICABILITY.—Any 10 such waivers shall be deemed to be effective as of 11 the date a State or unit of local government began 12 preparing for coronavirus and shall apply to the use 13 of amounts made available pursuant to subsection 14 (a) and amounts provided in prior appropriation 15 Acts for fiscal year 2020 under the heading ‘‘De- 16 partment of Housing and Urban Development— 17 Community Planning and Development—Commu- 18 nity Development Fund’’ and used by recipients for 19 the purposes described in this subsection. 20 (3) NOTIFICATION.—The Secretary shall notify 21 the public through the Federal Register or other ap- 22 propriate means 5 days before the effective date of 23 any such waiver or alternative requirement, and any 24 such public notice may be provided on the Internet 25 at the appropriate Government web site or through L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00351 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 352 1 other electronic media, as determined by the Sec- 2 retary. 3 (4) EXEMPTION.—The use of amounts made 4 available pursuant to subsection (a) shall not be sub- 5 ject to the consultation, citizen participation, or 6 match requirements that otherwise apply to the 7 Emergency Solutions Grants program, except that a 8 recipient shall publish how it has and will utilize its 9 allocation at a minimum on the Internet at the ap- 10 propriate Government web site or through other 11 electronic media. 12 (i) 13 INAPPLICABILITY MENT.—Subsection OF MATCHING REQUIRE- (a) of section 416 of the McKinney- 14 Vento Homeless Assistance Act (42 U.S.C. 11375(a)) 15 shall not apply to any amounts made available pursuant 16 to subsection (a) of this section. 17 (j) PROHIBITION ON PREREQUISITES.—None of the 18 funds authorized under this section may be used to require 19 people experiencing homelessness to receive treatment or 20 perform any other prerequisite activities as a condition for 21 receiving shelter, housing, or other services. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 353 1 SEC. 107. PARTICIPATION OF INDIAN TRIBES AND TRIB- 2 ALLY DESIGNATED HOUSING ENTITIES IN 3 CONTINUUM OF CARE PROGRAM. 4 (a) IN GENERAL.—Title IV of the McKinney-Vento 5 Homeless Assistance Act (42 U.S.C. 11360 et seq.) is 6 amended— 7 (1) in section 401 (42 U.S.C. 11360)— 8 (A) by redesignating paragraphs (10) 9 through (33) as paragraphs (12) through (35), 10 respectively; 11 (B) by redesignating paragraphs (8) and 12 (9) as paragraphs (9) and (10), respectively; 13 (C) by inserting after paragraph (7) the 14 following: 15 ‘‘(8) FORMULA AREA.—The term ‘formula area’ 16 has the meaning given the term in section 1000.302 17 of title 24, Code of Federal Regulations, or any suc- 18 cessor regulation.’’; 19 (D) in paragraph (9), as so redesignated, 20 by inserting ‘‘a formula area,’’ after ‘‘non- 21 entitlement area,’’; and 22 (E) by inserting after paragraph (10), as 23 so redesignated, the following: 24 ‘‘(11) INDIAN TRIBE.—The term ‘Indian Tribe’ 25 has the meaning given the term ‘Indian tribe’ in sec- 26 tion 4 of the Native American Housing Assistance L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 354 1 and Self-Determination Act of 1996 (25 U.S.C. 2 4103).’’; and 3 (2) in subtitle C (42 U.S.C. 11381 et seq.), by 4 5 adding at the end the following: ‘‘SEC. 435. PARTICIPATION OF INDIAN TRIBES AND TRIB- 6 ALLY DESIGNATED HOUSING ENTITIES. 7 ‘‘Notwithstanding any other provision of this title, for 8 purposes of this subtitle, an Indian Tribe or tribally des9 ignated housing entity (as defined in section 4 of the Na10 tive American Housing Assistance and Self-Determination 11 Act of 1996 (25 U.S.C. 4103)) may— 12 ‘‘(1) be a collaborative applicant or eligible enti- 13 ty; or 14 ‘‘(2) receive grant amounts from another entity 15 that receives a grant directly from the Secretary, 16 and use the amounts in accordance with this sub- 17 title.’’. 18 (b) TECHNICAL AND CONFORMING AMENDMENT.— 19 The table of contents in section 101(b) of the McKinney20 Vento Homeless Assistance Act (Public Law 100–77; 101 21 Stat. 482) is amended by inserting after the item relating 22 to section 434 the following: ‘‘Sec. 435. Participation of Indian Tribes and tribally designated housing entities.’’. 23 SEC. 108. HOUSING ASSISTANCE FUND. 24 (a) DEFINITIONS.—In this section: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 355 1 (1) SECRETARY.—The term ‘‘Secretary’’ means 2 the Secretary of the Treasury. 3 (2) STATE.—The term ‘‘State’’ means any 4 State of the United States, the District of Columbia, 5 any territory of the United States, Puerto Rico, 6 Guam, American Samoa, the Virgin Islands, and the 7 Northern Mariana Islands. 8 (b) ESTABLISHMENT OF FUND.—There is estab- 9 lished at the Department of the Treasury a Housing As10 sistance Fund to provide such funds as are allocated in 11 subsection (f) to State housing finance agencies for the 12 purpose of preventing homeowner mortgage defaults, fore13 closures, and displacements of individuals and families ex14 periencing financial hardship after January 21, 2020. 15 (c) ALLOCATION OF FUNDS.— 16 (1) IN GENERAL.—The Secretary of the Treas- 17 ury shall establish such criteria as are necessary to 18 allocate the funds available within the Housing As- 19 sistance Fund to each State. The Secretary shall al- 20 locate such funds among all States taking into con- 21 sideration the number of unemployment claims with- 22 in a State relative to the nation-wide number of un- 23 employment claims. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 356 1 (2) SMALL STATE MINIMUM.—Each State shall 2 receive no less than $125,000,000 for the purposes 3 established in subsection (b). 4 (d) DISBURSEMENT OF FUNDS.— 5 (1) INITIAL DISBURSEMENT.—The Secretary 6 shall disburse to the State housing finance agencies 7 not less than 1⁄2 of the amount made available pur- 8 suant to this section, and in accordance with the al- 9 locations established under subsection (c), not later 10 than 120 days after the date of enactment of this 11 Act. The Secretary or designee shall enter into a 12 contract with each State housing finance agency, 13 which may be amended from time to time, estab- 14 lishing the terms of the use of such funds prior to 15 the disbursement of such funds. 16 (2) SECOND DISBURSEMENT.—The Secretary 17 shall disburse all funds made available pursuant to 18 this section, and in accordance with the allocations 19 established under subsection (c), not later than 180 20 days after the date of enactment of this Act. 21 (e) PERMISSIBLE USES OF FUND.— 22 (1) IN GENERAL.—Funds made available to 23 State housing finance agencies pursuant to this sec- 24 tion may be used for the purposes established under 25 subsection (b), which may include— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00356 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 357 1 (A) mortgage payment assistance; 2 (B) financial assistance to allow a bor- 3 rower to reinstate their mortgage following a 4 period of forbearance; 5 (C) principal reduction; 6 (D) utility payment assistance, including 7 electric, gas, and water payment assistance; 8 (E) any program established under the 9 Housing Finance Agency Innovation Fund for 10 the Hardest Hit Housing Markets; 11 (F) reimbursement of funds expended by a 12 State or local government during the period be- 13 ginning on January 21, 2020, and ending on 14 the date that the first funds are disbursed by 15 the State under the Housing Assistance Fund, 16 for the purpose of providing housing or utility 17 assistance to individuals or otherwise providing 18 funds to prevent foreclosure or eviction of a 19 homeowner or prevent mortgage delinquency or 20 loss of housing or critical utilities as a response 21 to the coronavirus disease 2019 (COVID–19) 22 pandemic; and 23 (G) any other assistance to prevent evic- 24 tion, mortgage delinquency or default, fore- 25 closure, or the loss of essential utility services. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00357 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 358 1 (2) ADMINISTRATIVE EXPENSES.—Not greater 2 than 10 percent of the amount allocated to a State 3 pursuant to subsection (c) may be used by a State 4 housing financing agency for administrative ex- 5 penses. Any amounts allocated to administrative ex- 6 penses that are no longer necessary for administra- 7 tive expenses may be used in accordance with para- 8 graph (1). 9 (f) APPROPRIATION.—There is appropriated, out of 10 amounts in the Treasury not otherwise appropriated, for 11 the fiscal year ending September 30, 2020, to remain 12 available until expended or transferred or credited under 13 subsection (h), $35,000,000,000 to the Housing Assist14 ance Fund established under subsection (b). 15 (g) USE OF HOUSING FINANCE AGENCY INNOVATION 16 FUND FOR THE HARDEST HIT HOUSING MARKETS 17 FUNDS.—A State housing finance agency may reallocate 18 any administrative or programmatic funds it has received 19 as an allocation from the Housing Finance Agency Inno20 vation Fund for the Hardest Hit Housing Markets created 21 pursuant to section 101(a) of the Emergency Economic 22 Stabilization Act of 2008 (12 U.S.C. 5211(a)) that have 23 not been otherwise allocated or disbursed as of the date 24 of enactment of this Act to supplement any administrative 25 or programmatic funds received from the Housing Assist- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00358 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 359 1 ance Fund. Such reallocated funds shall not be considered 2 when allocating resources from the Housing Assistance 3 Fund using the process established under subsection (c) 4 and shall remain available for the uses permitted and 5 under the terms and conditions established by the contract 6 with Secretary created pursuant to subsection (d)(1) and 7 the terms of subsection (h). 8 (h) RESCISSION OF FUNDS.—Any funds that have 9 not been allocated by a State housing finance agency to 10 provide assistance as described under subsection (e) by 11 December 31, 2030, shall be reallocated by the Secretary 12 in the following manner: 13 (1) 65 percent shall be transferred or credited 14 to the Housing Trust Fund established under sec- 15 tion 1338 of the Federal Housing Enterprises Fi- 16 nancial Safety and Soundness Act of 1992 (12 17 U.S.C. 4568); and 18 (2) 35 percent shall be transferred or credited 19 to the Capital Magnet Fund under section 1339 of 20 the Federal Housing Enterprises Financial Safety 21 and Soundness Act of 1992 (12 U.S.C. 4569). 22 (i) REPORTING REQUIREMENTS.—The Secretary 23 shall provide public reports not less frequently than quar24 terly regarding the use of funds provided by the Housing 25 Assistance Funds. Such reports shall include the following L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 360 1 data by State and by program within each State, both for 2 the past quarter and throughout the life of the program— 3 (1) the amount of funds allocated; 4 (2) the amount of funds disbursed; 5 (3) the number of households and individuals 6 assisted; 7 (4) the acceptance rate of applicants; 8 (5) the average amount of assistance provided 9 per household receiving assistance; 10 (6) the average length of assistance provided 11 per household receiving assistance; 12 (7) the income ranges of households for each 13 household receiving assistance; and 14 (8) the outcome 12 months after the household 15 16 has received assistance. SEC. 109. MORTGAGE FORBEARANCE. 17 (a) FINDINGS.— 18 (1) FINDINGS.—Congress finds that— 19 (A) the collection of debts involves the use 20 of the mails and wires and other instrumental- 21 ities of interstate commerce; 22 (B) at times of major disaster or emer- 23 gency, the income of consumers is often im- 24 paired and their necessary daily expenses often 25 increase; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00360 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 361 1 (C) temporary forbearance benefits not 2 only consumer and small business debtors, but 3 also other creditors by avoiding downward col- 4 lateral price spirals triggered by an increase in 5 foreclosure activity; 6 (D) without forbearance, many consumers 7 and small businesses are unlikely to be able to 8 pay their obligations according to their original 9 terms and are likely to default on obligations or 10 file for bankruptcy, resulting in reduced recov- 11 eries for creditors, and in the case of bank- 12 ruptcy, no recovery of unaccrued interest; 13 (E) with forbearance, creditors are likely 14 to realize greater long-term value because con- 15 sumers and small businesses will be more likely 16 to be able to repay their obligations after the 17 major disaster or emergency has subsided; 18 (F) the legislative and administrative re- 19 sponse to major disasters and emergencies may 20 consist of multiple components divided among 21 different statutes and programs; and 22 (G) when evaluating whether property has 23 been taken from a person without just com- 24 pensation, a holistic evaluation of the burdens 25 and benefits of all legislative and administrative L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00361 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 362 1 responses, including indirect benefits from mac- 2 roeconomic stabilization, is appropriate. 3 (2) FURTHER 4 FINDINGS REGARDING MORTGAGE FORBEARANCE.—Congress further finds that— 5 (A) ensuring that consumers are able to 6 remain in their residences reduces the disrup- 7 tions and economic harm caused by such disas- 8 ters and emergencies by ensuring that con- 9 sumers are able to continue their existing em- 10 ployment, education, childcare, and healthcare 11 arrangements, which are often geographically- 12 based; 13 (B) temporary forbearance on residential 14 mortgages is therefore critical to fostering eco- 15 nomic recovery and stability in the wake of 16 major disasters or emergencies; 17 (C) temporary mortgage forbearance dur- 18 ing a declared disaster benefits not only mort- 19 gagors, but also mortgagees because mortga- 20 gors’ ability to pay is likely to be restored after 21 a disaster or emergency subsides, so forbear- 22 ance may increase mortgagors’ total recovery. 23 Without forbearance, mortgagors are likely to 24 default or file for bankruptcy, resulting in sig- 25 nificant losses for mortgagees; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 363 1 (D) temporary mortgage forbearance dur- 2 ing a declared disaster also benefits the mortga- 3 gees of other properties because housing prices 4 are geographically and serially correlated so an 5 increase in foreclosures can drive down the 6 value of collateral for all mortgage lenders, fur- 7 ther destabilizing the economy. 8 (3) FURTHER 9 SERVICERS.—Congress FINDINGS REGARDING MORTGAGE further finds that— 10 (A) mortgage servicers are often contrac- 11 tually obligated to advance scheduled mortgage 12 payments to securitization investors, irrespec- 13 tive of whether the servicer collects the payment 14 from the mortgagor; 15 (B) mortgage servicers are often thinly 16 capitalized and with limited capacity for engag- 17 ing in large scale advancing of payments to 18 securitization investors; 19 (C) securitization investors have long been 20 aware of servicers’ thin capitalization; 21 (D) in the wake of the 2008 financial cri- 22 sis, several servicers had difficulty obtaining 23 sufficiently liquidity to make advances; 24 (E) mortgage servicing is a heavily regu- 25 lated industry; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 364 1 (F) in response to the 2008 financial cri- 2 sis, Congress created a safe harbor for mort- 3 gage servicers that undertook loan modifica- 4 tions; 5 (G) in response to the 2008 financial cri- 6 sis, the Home Affordable Modification Program 7 paid mortgage servicers to undertake loan 8 modifications; 9 (H) as part of the 2012 joint State-Fed- 10 eral National Mortgage Settlement, mortgage 11 servicers committed to undertaking loan modi- 12 fications; and 13 (I) investors in mortgage securitizations 14 are or should be aware of servicers’ thin cap- 15 italization, liquidity constraints, the extent and 16 history of servicing regulation and therefore do 17 not have a reasonable expectation that the 18 terms of servicing contracts will be enforceable 19 at times of national financial crisis. 20 (4) DETERMINATION.—It is the sense of the 21 Congress that, on the basis of the findings described 22 under paragraphs (1), (2), and (3), the Congress de- 23 termines that the provisions of this Act are nec- 24 essary and proper for the purpose of carrying into 25 execution the powers of the Congress to regulate L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 365 1 commerce among the several States and to establish 2 uniform bankruptcy laws. 3 (b) PROHIBITION 4 SESSIONS 5 ON FORECLOSURES AND REPOS- DURING THE COVID–19 EMERGENCY.— (1) PROHIBITION ON FORECLOSURES.—The 6 Real Estate Settlement Procedures Act of 1974 (12 7 U.S.C. 2601 et seq.) is amended— 8 (A) in section 3 (12 U.S.C. 2602)— 9 (i) in paragraph (8), by striking 10 ‘‘and’’ at the end; 11 (ii) in paragraph (9), by striking the 12 period at the end and inserting ‘‘; and’’; 13 and 14 (iii) by adding at the end the fol- 15 lowing: 16 ‘‘(10) the term ‘COVID–19 emergency’ means 17 the period that begins upon the date of the enact- 18 ment of this Act and ends on the date of the termi- 19 nation by the Federal Emergency Management 20 Agency of the emergency declared on March 13, 21 2020, by the President under the Robert T. Stafford 22 Disaster Relief and Emergency Assistance Act (42 23 U.S.C. 4121 et seq.) relating to the Coronavirus 24 Disease 2019 (COVID–19) pandemic.’’; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00365 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 366 1 (B) 2 2605(k)(1))— 3 in section 6(k)(1) (12 U.S.C. (i) in subparagraph (D), by striking 4 ‘‘or’’ at the end; 5 (ii) by redesignating subparagraph 6 (E) as subparagraph (G); and 7 (iii) by inserting after subparagraph 8 (D) the following: 9 ‘‘(E) commence or continue any judicial 10 foreclosure action or non-judicial foreclosure 11 process or any action to evict a consumer fol- 12 lowing a foreclosure during the COVID–19 13 emergency or the 180-day period following such 14 emergency (except that such prohibition shall 15 not apply to a mortgage secured by a dwelling 16 that the servicer has determined after exer- 17 cising reasonable diligence is vacant or aban- 18 doned); 19 ‘‘(F) fail to toll the time in a foreclosure 20 process on a property during the COVID–19 21 emergency or the 180-day period following such 22 emergency (except that such prohibition shall 23 not apply to a mortgage secured by a dwelling 24 that the servicer has determined after exer- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 367 1 cising reasonable diligence is vacant or aban- 2 doned); or’’. 3 (2) REPOSSESSION PROHIBITION.—During the 4 COVID–19 emergency and for the 180-day period 5 following such emergency, a servicer of a consumer 6 loan secured by a manufactured home or a motor ve- 7 hicle may not repossess such home or vehicle. 8 (c) FORBEARANCE 9 LOAN PAYMENTS FOR OF RESIDENTIAL MORTGAGE SINGLE FAMILY PROPERTIES (1– 10 4 UNITS).—Section 6 of the Real Estate Settlement Pro11 cedures Act of 1974 (12 U.S.C. 2605) is amended by add12 ing at the end the following: 13 14 ‘‘(n) FORBEARANCE DURING THE COVID–19 EMER- GENCY.— 15 ‘‘(1) CONSUMER 16 RIGHT TO REQUEST A FOR- BEARANCE.— 17 ‘‘(A) REQUEST FOR FORBEARANCE.—A 18 borrower experiencing a financial hardship dur- 19 ing the COVID–19 emergency may request for- 20 bearance from any mortgage obligation, regard- 21 less of delinquency status, by submitting a re- 22 quest to the borrower’s servicer, either orally or 23 in writing, affirming that the borrower is expe- 24 riencing hardship during the COVID–19 emer- 25 gency. A borrow shall not be required to provide L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00367 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 368 1 any additional documentation to receive such 2 forbearance. 3 ‘‘(B) LENGTH OF FORBEARANCE; EXTEN- 4 SION.—A 5 subparagraph (A) shall be provided for a period 6 of 180 days, and may be extended upon request 7 of the borrower for an additional 180 days. 8 forbearance requested pursuant to ‘‘(C) TREATMENT OF TENANTS.—A bor- 9 rower receiving a forbearance under this sub- 10 section with respect to a mortgage secured by 11 a dwelling that has tenants, whether or not the 12 borrower also lives in the dwelling, shall provide 13 the tenants with rent relief for a period not less 14 than the period covered by the forbearance. 15 ‘‘(2) AUTOMATIC 16 QUENT BORROWERS.— 17 ‘‘(A) IN FORBEARANCE FOR DELIN- GENERAL.—Notwithstanding any 18 other law governing forbearance relief, during 19 the COVID–19 emergency, any borrower who is 20 or becomes 60 days or more delinquent on a 21 mortgage obligation shall automatically be 22 granted a 180-day forbearance, which may be 23 extended upon request of the borrower for an 24 additional 180 days. Such a borrower may elect 25 to continue making regular payments by noti- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00368 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 369 1 fying the servicer of the mortgage obligation of 2 such election. 3 ‘‘(B) NOTICE TO BORROWER.—The 4 servicer of a mortgage obligation placed in for- 5 bearance pursuant to subparagraph (A) shall 6 provide the borrower written notification of the 7 forbearance and its duration as well as informa- 8 tion about available loss mitigation options and 9 the right to end the forbearance and resume 10 making regular payments. 11 ‘‘(C) TREATMENT OF PAYMENTS DURING 12 FORBEARANCE.—Any 13 borrower during the forbearance period shall be 14 credited to the borrower’s account in accord- 15 ance with section 129F of the Truth in Lending 16 Act (15 U.S.C. 1639f) or as the borrower may 17 otherwise instruct that is consistent with the 18 terms of the mortgage loan contract. 19 ‘‘(3) REQUIREMENTS 20 payments made by the FOR SERVICERS.— ‘‘(A) NOTIFICATION.— 21 ‘‘(i) IN GENERAL.—Each servicer of a 22 federally related mortgage loan shall notify 23 the borrower of their right to request for- 24 bearance under paragraph (1)— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 370 1 ‘‘(I) not later than 14 days after 2 the date of enactment of this sub- 3 section; and 4 ‘‘(II) until the end of COVID–19 5 emergency— 6 ‘‘(aa) on each periodic state- 7 ment provided to the borrower; 8 and 9 ‘‘(bb) in any oral or written 10 communication by the servicer 11 with or to the borrower. 12 ‘‘(ii) MANNER 13 OF NOTIFICATION.— ‘‘(I) WRITTEN 14 Any 15 under this section— 16 written NOTIFICATION.— notification required ‘‘(aa) shall be provided— 17 ‘‘(AA) in English and 18 Spanish and in any addi- 19 tional languages in which 20 the servicer communicates, 21 including the language in 22 which the loan was nego- 23 tiated, to the extent known 24 by the servicer; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00370 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 371 1 ‘‘(BB) at least as clear- 2 ly and conspicuously as the 3 most clear and conspicuous 4 disclosure on the document; 5 ‘‘(bb) shall include the noti- 6 fication of the availability of lan- 7 guage assistance and housing 8 counseling produced by the Fed- 9 eral Housing Finance Agency 10 under subsection (o); and 11 ‘‘(cc) may be provided by 12 first-class mail or electronically, 13 if the borrower has otherwise 14 consented to electronic commu- 15 nication with the servicer and has 16 not revoked such consent. 17 ‘‘(II) ORAL NOTIFICATION.—Any 18 oral notification required under clause 19 (i) shall be provided in the language 20 the servicer otherwise uses to commu- 21 nicate with the borrower. 22 ‘‘(III) 23 LATIONS.—In 24 cations 25 English in WRITTEN TRANS- providing written notifilanguages under other subclause than (I), a L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00371 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 372 1 servicer may rely on written trans- 2 lations developed by the Federal 3 Housing Finance Agency or the Bu- 4 reau. 5 ‘‘(B) OTHER 6 ‘‘(i) REQUIREMENTS.— FORBEARANCE REQUIRED.— 7 Upon receiving a request for forbearance 8 from a consumer under paragraph (1) or 9 placing a borrower in automatic forbear- 10 ance under paragraph (2), a servicer shall 11 provide the forbearance for not less than 12 180 days, and an additional 180 days at 13 the request of the borrower, provided that 14 the borrower will have the option to dis- 15 continue the forbearance at any time. 16 ‘‘(ii) PROHIBITION ON FEES, PEN- 17 ALTIES, AND INTEREST.—During 18 riod of a forbearance under this sub- 19 section, no fees, penalties or additional in- 20 terest beyond the amounts scheduled or 21 calculated as if the borrower made all con- 22 tractual payments on time and in full 23 under the terms of the mortgage contract 24 in effect at the time the borrower enters 25 into the forbearance shall accrue. the pe- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00372 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 373 1 ‘‘(iii) TREATMENT OF ESCROW PAY- 2 MENTS.—If 3 under this subsection is required to make 4 payments to an escrow account, the 5 servicer shall pay or advance the escrow 6 disbursements in a timely manner (defined 7 as on or before the deadline to avoid a 8 penalty), regardless of the status of the 9 borrower’s payments. The servicer may col- 10 lect any resulting escrow shortage or defi- 11 ciency from the borrower after the forbear- 12 ance period ends, in a lump sum payment, 13 spread over 60 months, or capitalized into 14 the loan, at the borrower’s election.’’. 15 (d) NOTIFICATION a borrower in forbearance LANGUAGE ASSISTANCE OF AND 16 HOUSING COUNSELING.—Section 6 of the Real Estate 17 Settlement Procedures Act of 1974 (12 U.S.C. 2605), as 18 amended by subsection (c), is further amended by adding 19 at the end the following: 20 ‘‘(o) NOTIFICATION OF LANGUAGE ASSISTANCE AND 21 HOUSING COUNSELING.— 22 ‘‘(1) IN GENERAL.—The Federal Housing Fi- 23 nance Agency shall, within 30 days of the date of 24 enactment of this Act, make available a document 25 providing notice of the availability of language as- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00373 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 374 1 sistance and housing counseling in substantially the 2 same form, and in at least the same languages, as 3 the existing Language Translation Disclosure. 4 ‘‘(2) MINIMUM REQUIREMENT.—The document 5 described under subsection (a) shall include the no- 6 tice in at least all the languages for which Federal 7 Housing Finance Agency currently has translations 8 on its existing Language Translation Disclosure 9 available. 10 ‘‘(3) PROVISION TO SERVICERS.—The Federal 11 Housing Finance Agency shall make this document 12 available to servicers to fulfill their requirements 13 under subsection (n).’’. 14 (e) UNITED STATES DEPARTMENT OF AGRICULTURE 15 DIRECT LOAN PROGRAM.—Section 505 of the Housing 16 Act of 1949 (42 U.S.C. 1475) is amended— 17 (1) by redesignating subsection (b) as sub- 18 section (c); and 19 (2) by inserting after subsection (a) the fol- 20 lowing: 21 ‘‘(b) LOAN MODIFICATION.— 22 ‘‘(1) IN GENERAL.—The Secretary shall imple- 23 ment a loan modification program to modify the 24 terms of outstanding loans for borrowers who face 25 financial hardship. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00374 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 375 1 ‘‘(2) AFFORDABLE PAYMENTS.—The Sec- 2 retary’s loan modification program under paragraph 3 (1) shall be designed so as to provide affordable pay- 4 ments for borrowers. In defining ‘affordable pay- 5 ments’ the Secretary shall consult definitions of af- 6 fordability promulgated by the Federal Housing Fi- 7 nance Authority, the Department of Housing and 8 Urban Development, and the Bureau of Consumer 9 Financial Protection. 10 ‘‘(3) ADDITIONAL PROGRAM REQUIREMENTS.— 11 The Secretary’s loan modification program under 12 paragraph (1) shall allow for measures including ex- 13 tension of the remaining loan term to up to 480 14 months and a reduction in interest rate to the mar- 15 ket interest rate as defined by regulations of the 16 Secretary. The modification program shall be avail- 17 able for borrowers in a moratorium and for bor- 18 rowers not already in a moratorium who qualify 19 under the terms established by the Secretary. The 20 Secretary may also establish reasonable additional 21 measures for providing affordable loan modifications 22 to borrowers’’; 23 (3) in subsection (c), as so redesignated, by 24 adding at the end the following: ‘‘Acceleration of the 25 promissory note and initiation of foreclosure pro- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00375 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 376 1 ceedings shall not terminate a borrower’s eligibility 2 for a moratorium, loan reamortization, special serv- 3 icing, or other foreclosure alternative.’’; and 4 (4) by adding at the end the following: 5 ‘‘(d) REQUIREMENT.—The Secretary shall comply 6 with subsection (k)(1), (n), and (o) of section 6 of the 7 Real Estate Settlement Procedures Act of 1974 with re8 spect to any single-family loans it holds or services.’’. 9 (f) FORBEARANCE 10 LOAN PAYMENTS FOR OF RESIDENTIAL MORTGAGE MULTIFAMILY PROPERTIES (5+ 11 UNITS).— 12 (1) IN GENERAL.—During the COVID–19 13 emergency, a multifamily borrower experiencing a fi- 14 nancial hardship due, directly or indirectly, to the 15 COVID–19 emergency may request a forbearance 16 under the terms set forth in this section. 17 (2) REQUEST FOR RELIEF.—A multifamily bor- 18 rower may submit a request for forbearance under 19 paragraph (1) to the borrower’s servicer, either oral- 20 ly or in writing, affirming that the multifamily bor- 21 rower is experiencing hardship during the COVID– 22 19 emergency. 23 (3) FORBEARANCE PERIOD.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00376 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 377 1 (A) IN GENERAL.—Upon receipt of an oral 2 or written request for forbearance from a multi- 3 family borrower, a servicer shall— 4 (i) document the financial hardship; 5 (ii) provide the forbearance for not 6 less than 180 days; and 7 (iii) provide the forbearance for an ad- 8 ditional 180 days upon the request of the 9 borrower at least 30 days prior to the end 10 of the forbearance period described under 11 subparagraph (A). 12 (B) RIGHT TO DISCONTINUE.—A multi- 13 family borrower shall have the option to dis- 14 continue the forbearance at any time. 15 (4) RENTER PROTECTIONS.—During the term 16 of a forbearance under this section, a multifamily 17 borrower may not— 18 (A) evict a tenant for nonpayment of rent; 19 or 20 (B) apply or accrue any fees or other pen- 21 alties on renters for nonpayment of rent. 22 (5) OBLIGATION TO BRING THE LOAN CUR- 23 RENT.—A 24 placed in forbearance under this section current 25 within the earlier of— multifamily borrower shall bring a loan L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 378 1 (A) 12 months after the conclusion of the 2 forbearance period; or 3 (B) receipt of any business interruption in- 4 surance proceeds by the multifamily borrower. 5 (6) DEFINITION.—For the purposes of this sub- 6 section, the term ‘‘multifamily borrower’’ means a 7 borrower of a residential mortgage loan that is se- 8 cured by a lien against a property comprising five or 9 more dwelling units. 10 (g) FEDERAL RESERVE CREDIT FACILITY FOR 11 MORTGAGE SERVICERS.— 12 (1) IN GENERAL.—The Board of Governors of 13 the Federal Reserve System and the Secretary of the 14 Treasury, pursuant to the authority granted under 15 section 13(3) of the Federal Reserve Act, directly 16 (or indirectly through an intermediary, such as the 17 Federal National Mortgage Association, the Federal 18 Home Loan Mortgage Corporation, the Government 19 National Mortgage Association, an insured deposi- 20 tory institution, non-depository lending institution, 21 or a special purpose vehicle)— 22 (A) shall extend credit to mortgage 23 servicers and other obligated advancing parties 24 that in each case have liquidity needs due to the 25 COVID–19 emergency or compliance with this L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00378 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 379 1 Act with respect to mortgage loans (the ‘‘af- 2 fected mortgages’’); and 3 (B) may extend further credit to mortgage 4 servicers for other liquidity needs due to the ac- 5 tual or imminent delinquency or default on 6 mortgage loans due to the COVID–19 emer- 7 gency. 8 (2) NON-COMPLIANT SERVICERS.—A mortgage 9 servicer shall not be eligible for assistance under 10 paragraph (1) if the provider is in violation of any 11 requirement under this Act, and fails to promptly 12 cure any such violation upon notice or discovery 13 thereof. 14 (3) PAYMENTS AND PURCHASES.—Credit ex- 15 tended under paragraph (1)(A) shall be in an 16 amount sufficient to— 17 (A) cover— 18 (i) the pass-through payment of prin- 19 cipal and interest to mortgage-backed se- 20 curities holders; 21 (ii) the payment of taxes and insur- 22 ance to third parties; and 23 (iii) the temporary reimbursement of 24 modification costs and fees due to servicers 25 that will be deferred until such time as a L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00379 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 380 1 forbearance period terminates, due in each 2 case on, or in respect of, such affected 3 mortgage loans or related mortgage-backed 4 securities; 5 (B) purchase affected mortgages from 6 pools of securitized mortgages 7 (4) COLLATERAL.—The credit authorized by 8 this section shall be secured by the pledgor’s interest 9 in accounts receivable, loans, or related interests re- 10 sulting from the payment advances made on the af- 11 fected mortgages by the mortgage servicers. 12 (5) CREDIT SUPPORT.—The Secretary of the 13 Treasury shall provide credit support to the Board 14 of Governors of the Federal Reserve System for the 15 program required by this section. 16 (6) CONFLICT WITH OTHER LAWS.—Notwith- 17 standing any Federal or State law to the contrary, 18 the Federal National Mortgage Association, the Fed- 19 eral Home Loan Mortgage Corporation, and the 20 Government National Mortgage Association may 21 permit the pledge or grant of a security interest in 22 the pledgor’s interest in such accounts receivable or 23 loans or related interests and honor or permit the 24 enforcement of such pledge or grant in accordance 25 with its terms. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00380 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 381 1 (7) DURATION.—The extension of credit by the 2 Board of Governors of the Federal Reserve System 3 and credit support from the Secretary of the Treas- 4 ury under this section shall be available until the 5 later of— 6 (A) 6 months after the end of the COVID– 7 19 emergency; and 8 (B) the date on which on the Board of 9 Governors of the Federal Reserve System and 10 the Secretary of the Treasury determine such 11 credit and credit support should no longer be 12 available to address the liquidity concern ad- 13 dressed by this section. 14 (8) AMENDMENTS TO NATIONAL 15 ACT.—Section 16 Act (12 U.S.C. 1721(g)(1)) is amended— HOUSING 306(g)(1) of the National Housing 17 (A) by inserting the following new sentence 18 after the fourth sentence in the paragraph: ‘‘In 19 any case in which (I) the President declares a 20 major disaster or emergency for the nation or 21 any area that in either case has been affected 22 by damage or other adverse effects of sufficient 23 severity and magnitude to warrant major dis- 24 aster assistance under the Robert T. Stafford 25 Disaster Relief and Emergency Assistance Act L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 382 1 or other Federal law, (II) upon request of an 2 Issuer of any security, the Association elects to 3 extend to the Issuer one or more of the disaster 4 assistance or emergency programs that the As- 5 sociation determines to be available to account 6 for the Issuer’s failure or anticipated failure to 7 receive from the mortgagor the full amount of 8 principal and interest due, then (III) the Asso- 9 ciation may elect not to declare the Issuer to be 10 in default because of such request for such dis- 11 aster or emergency assistance.’’; 12 (B) by inserting after the word ‘‘issued’’ in 13 the sixth sentence, as redesignated, the fol- 14 lowing: ‘‘subject to any pledge or grant of secu- 15 rity interest of the pledgor’s interest in and to 16 any such mortgage or mortgages or any interest 17 therein and the proceeds thereon, which the As- 18 sociation may elect to approve;’’; and 19 (C) by inserting after the word ‘‘issued’’ in 20 the seventh sentence, as redesignated, the fol- 21 lowing: ‘‘, or (D) its approval and honoring of 22 any pledge or grant of security interest of the 23 pledgor’s interest in and to any such mortgage 24 or mortgages or any interest therein and pro- 25 ceeds thereon.’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 383 1 (h) SAFE HARBOR.— 2 (1) IN GENERAL.—Notwithstanding any other 3 provision of law, whenever a servicer of residential 4 mortgages of residential mortgage-backed securi- 5 ties— 6 (A) grants a borrower relief under section 7 6(n) and 6(p) of the Real Estate Settlement 8 Procedures Act of 1974 with respect to a resi- 9 dential mortgage originated before April 1, 10 2020, 11 securitization or other investment vehicle, and including a mortgage held in a 12 (B) the servicer or trustee or issuer owes 13 a duty to investors or other parties regarding 14 the standard for servicing such mortgage, 15 the servicer shall be deemed to have satisfied the 16 such a duty, and the servicer shall not be liable to 17 any party who is owed such a duty and shall not be 18 subject to any injunction, stay, or other equitable re- 19 lief to such party, based upon its good faith compli- 20 ance with the provisions of 6(n) and 6(p) of the Real 21 Estate Settlement Procedures Act of 1974. Any per- 22 son, including a trustee or issuer, who cooperates 23 with a servicer when such cooperation is necessary 24 for the servicer to implement the provisions of 6(n) 25 and 6(p) of the Real Estate Settlement Procedures L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00383 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 384 1 Act of 1974 shall be protected from liability in the 2 same manner. 3 (2) STANDARD INDUSTRY PRACTICE.—Compli- 4 ance with 6(n) and 6(p) of the Real Estate Settle- 5 ment Procedures Act of 1974 during the COVID–19 6 emergency shall constitute standard industry prac- 7 tice for purposes of all Federal and State laws. 8 (3) 9 DEFINITIONS.—As used in this sub- section— 10 (A) the term ‘‘servicer’’ has the meaning 11 given that term under section 6(i)(2) of the 12 Real Estate Settlement Procedures Act of 1974 13 (12 U.S.C. 2605(i)(2)); and 14 (B) the term ‘‘securitization vehicle’’ has 15 the meaning given that term under section 16 129A(f)(3) of the Truth in Lending Act (15 17 U.S.C. 1639a(f)(3)). 18 (4) RULE OF CONSTRUCTION.—No provision of 19 paragraph (1) or (2) shall be construed as affecting 20 the liability of any servicer or person for actual 21 fraud in servicing of a loan or for the violation of 22 a State or Federal law. 23 (i) POST-PANDEMIC MORTGAGE REPAYMENT OP- 24 TIONS.—Section 6 of the Real Estate Settlement Proce- 25 dures Act of 1974 (12 U.S.C. 2605), as amended by sub- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00384 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 385 1 section (d), is further amended by adding at the end the 2 following: 3 4 ‘‘(p) POST-PANDEMIC MORTGAGE REPAYMENT OPTIONS.—With respect to a federally related residential 5 mortgage loan, before the end of any forbearance provided 6 under subsection (n), servicers shall— 7 ‘‘(1) evaluate the borrower’s ability to return to 8 making regular mortgage payments; 9 ‘‘(2) if the borrower is able to return to making 10 regular mortgage payments at the end of the for- 11 bearance period— 12 ‘‘(A) modify the borrower’s loan to extend 13 the term for the same period as the length of 14 the forbearance, with all payments that were 15 not made during the forbearance distributed at 16 the same intervals as the borrower’s existing 17 payment schedule and evenly distributed across 18 those intervals, with no penalties, late fees, ad- 19 ditional interest accrued beyond the amounts 20 scheduled or calculated as if the borrower made 21 all contractual payments on time and in full 22 under the terms of the mortgage contract in ef- 23 fect at the time the borrower entered into the 24 forbearance, and with no modification fee 25 charged to the borrower; or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00385 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 386 1 ‘‘(B) if the borrower elects to modify the 2 loan to capitalize a resulting escrow shortage or 3 deficiency, the servicer may modify the bor- 4 rower’s loan by re-amortizing the principal bal- 5 ance and extending the term of the loan suffi- 6 cient to maintain the regular mortgage pay- 7 ments; and 8 ‘‘(C) notify the borrower in writing of the 9 extension, including provision of a new payment 10 schedule and date of maturity, and that the 11 borrower shall have the election of prepaying 12 the suspended payments at any time, in a lump 13 sum or otherwise; 14 ‘‘(3) if the borrower is financially unable to re- 15 turn to making periodic mortgage payments as pro- 16 vided for in the mortgage contract at the end of the 17 COVID–19 emergency— 18 ‘‘(A) evaluate the borrower for all loan 19 modification options, without regard to whether 20 the borrower has previously requested, been of- 21 fered, or provided a loan modification or other 22 loss mitigation option and without any require- 23 ment that the borrower come current before 24 such evaluation or as a condition of eligibility 25 for such modification, including— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00386 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 387 1 ‘‘(i) further extending the borrower’s 2 repayment period; 3 ‘‘(ii) reducing the principal balance of 4 the loan; or 5 ‘‘(iii) other modification or loss miti- 6 gation options available to the servicer 7 under the terms of any investor require- 8 ments and existing laws and policies; and 9 ‘‘(B) if the borrower qualifies for such a 10 modification, the service shall offer a loan with 11 such terms as to provide a loan with such terms 12 as to provide an affordable payment, with no 13 penalties, late fees, additional interest beyond 14 the amounts scheduled or calculated as if the 15 borrower made all contractual payments on 16 time and in full under the terms of the mort- 17 gage contract in effect at the time the borrower 18 entered into the forbearance, and with no modi- 19 fication fees charged to the borrower; and 20 ‘‘(4) if a borrower is granted a forbearance on 21 payments that would be owed pursuant to a trial 22 loan modification plan— 23 ‘‘(A) any forbearance of payments shall 24 not be treated as missed or delinquent pay- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00387 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 388 1 ments or otherwise negatively affect the bor- 2 rower’s ability to complete their trial plan; 3 ‘‘(B) any past due amounts as of the end 4 of the trial period, including unpaid interest, 5 real estate taxes, insurance premiums, and as- 6 sessments paid on the borrower’s behalf, will be 7 added to the mortgage loan balance, but only to 8 the extent that such charges are not fees associ- 9 ated with the granting of the forbearance, such 10 as late fees, modification fees, or unpaid inter- 11 est from the period of the forbearance beyond 12 the amounts scheduled or calculated as if the 13 borrower made all contractual payments on 14 time and in full under the terms of the mort- 15 gage contract in effect at the time the borrower 16 entered into the forbearance; and 17 ‘‘(C) if the borrower is unable to resume 18 payments on the trial modification at the end of 19 the forbearance period, re-evaluate the borrower 20 for all available loan modifications under para- 21 graph 3, without any requirement that the bor- 22 rower become current before such evaluation or 23 as a condition of eligibility for such modifica- 24 tion.’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00388 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 389 1 (j) CLAIMS OF AFFECTED INVESTORS AND OTHER 2 PARTIES.—Any action asserting a taking under the Fifth 3 Amendment to the Constitution of the United States as 4 a result of this subsection shall be brought not later than 5 180 days after the end of the COVID–19 emergency. 6 (k) EXTENSION OF THE GSE PATCH.—The Director 7 of the Bureau of Consumer Financial Protection shall re8 vise section 1026.43(e)(4)(iii)(B) of title 12, Code of Fed9 eral Regulations, to extend the sunset of the special rule 10 provided under such section 1026.43(e)(4) until January 11 1, 2022, or such later date as may be determined by the 12 Bureau. 13 (l) DEFINITIONS.—In this section: 14 (1) COVID–19 EMERGENCY.—The term 15 ‘‘COVID–19 emergency’’ means the period that be- 16 gins upon the date of the enactment of this Act and 17 ends on the date of the termination by the Federal 18 Emergency Management Agency of the emergency 19 declared on March 13, 2020, by the President under 20 the Robert T. Stafford Disaster Relief and Emer- 21 gency Assistance Act (42 U.S.C. 4121 et seq.) relat- 22 ing to the Coronavirus Disease 2019 (COVID–19) 23 pandemic. 24 (2) MANUFACTURED 25 HOME.—The term ‘‘manu- factured home’’has the meaning given that term L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00389 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 390 1 under section 603 of the National Manufactured 2 Housing Construction and Safety Standards Act of 3 1974 (42 U.S.C. 5402). 4 (3) MOTOR VEHICLE.—The term ‘‘motor vehi- 5 cle’’ has the meaning given that term under Section 6 1029(f) of the Consumer Financial Protection Act of 7 2010 (12 U.S.C. 5519(f)). 8 (4) RESIDENTIAL MORTGAGE LOAN.—The term 9 ‘‘residential mortgage loan’’ means any consumer 10 credit transaction that is secured by a mortgage, 11 deed of trust, or other equivalent consensual security 12 interest on residence consisting of a single dwelling 13 unit that is occupied by the mortgagor. 14 SEC. 110. BANKRUPTCY PROTECTIONS. 15 (a) INCREASING THE HOMESTEAD EXEMPTION.— 16 (1) HOMESTEAD 17 EXEMPTION.—Section 522 of title 11, United States Code, is amended— 18 (A) in subsection (d)(1), by striking 19 ‘‘$15,000’’ and inserting ‘‘$100,000’’; and 20 (B) by adding at the end the following: 21 ‘‘(r) Notwithstanding any other provision of applica- 22 ble nonbankruptcy law, a debtor in any State may exempt 23 from property of the estate the property described in sub24 section (d)(1) not to exceed the value in subsection (d)(1) L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00390 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 391 1 if the exemption for such property permitted by applicable 2 nonbankruptcy law is lower than that amount.’’. 3 (b) EFFECT OF MISSED MORTGAGE PAYMENTS ON 4 DISCHARGE.—Section 1328 of title 11, United States 5 Code, is amended by adding at the end the following: 6 ‘‘(i) A debtor shall not be denied a 7 discharge under this section because, as of 8 the date of discharge, the debtor did not 9 make 6 or fewer payments directly to the 10 holder of a debt secured by real property. 11 ‘‘(j) Notwithstanding subsections (a) and (b), upon 12 the debtor’s request, the court shall grant a discharge of 13 all debts provided for in the plan that are dischargeable 14 under subsection (a) if the debtor— 15 ‘‘(1) has made payments under a confirmed 16 plan for at least 1 year; and 17 ‘‘(2) is experiencing a loss of income or increase 18 in expenses due, directly or indirectly, to the 19 coronavirus disease 2019 (COVID–19) pandemic.’’. 20 (c) MODIFICATION 21 HARDSHIP CAUSED BY OF CHAPTER 13 PLAN DUE TO COVID-19 PANDEMIC.—Section 22 1329 of title 11, United States Code, is amended by add23 ing at end the following: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00391 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 392 1 ‘‘(d)(1) Subject to paragraph (3), for cases confirmed 2 prior to the date of enactment of this subsection, the plan 3 may be modified upon the request of the debtor if— 4 ‘‘(A) the debtor is experiencing or has ex- 5 perienced a material financial hardship due, di- 6 rectly or indirectly, to the coronavirus disease 7 2019 (COVID–19) pandemic; and 8 ‘‘(B) the modification is approved after no- 9 tice and a hearing. 10 ‘‘(2) A modification under paragraph (1) may 11 include extending the period of time for payments on 12 claims not later than 7 years after the date on which 13 the first payment under the original confirmed plan 14 was due. 15 ‘‘(3) Sections 1322(a), 1322(b), 1323(c), and 16 the requirements of section 1325(a) shall apply to 17 any modification under paragraph (1).’’. 18 (d) APPLICABILITY.— 19 (1) The amendments made by subsections (a) 20 and (b) shall apply to any case commenced before, 21 on, or after the date of enactment of this Act. 22 (2) The amendment made by subsection (c) 23 shall apply to any case for which a plan has been 24 confirmed under section 1325 of title 11, United L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 393 1 States Code, before the date of enactment of this 2 Act. 3 SEC. 111. DEBT COLLECTION. 4 (a) TEMPORARY DEBT COLLECTION MORATORIUM 5 DURING THE COVID–19 EMERGENCY PERIOD.— 6 (1) IN GENERAL.—The Fair Debt Collection 7 Practices Act (15 U.S.C. 1692 et seq.) is amended 8 by inserting after section 812 the following: 9 ‘‘§ 812A. Temporary debt collection moratorium dur10 ing the COVID–19 emergency period 11 ‘‘(a) DEFINITIONS.—In this section: 12 ‘‘(1) CONSUMER.—The term ‘consumer’ means 13 any natural person obligated or allegedly obligated 14 to pay any debt. 15 ‘‘(2) COVID–19 EMERGENCY PERIOD.—The 16 term ‘COVID–19 emergency period’ means the pe- 17 riod that begins upon the date of the enactment of 18 this Act and ends upon the date of the termination 19 by the Federal Emergency Management Administra- 20 tion of the emergency declared on March 13, 2020, 21 by the President under the Robert T. Stafford Dis- 22 aster Relief and Emergency Assistance Act (42 23 U.S.C. 4121 et seq.) relating to the Coronavirus 24 Disease 2019 (COVID–19) pandemic. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 394 1 ‘‘(3) CREDITOR.—The term ‘creditor’ means 2 any person who offers or extends credit creating a 3 debt or to whom a debt is owed or other obligation 4 of payment. 5 ‘‘(4) DEBT.—The term ‘debt’— 6 ‘‘(A) means any past due obligation or al- 7 leged obligation of a consumer, non-profit orga- 8 nization, or small business to pay money— 9 ‘‘(i) arising out of a transaction in 10 which the money, property, insurance, or 11 services which are the subject of the trans- 12 action are primarily for personal, family, 13 business, non-profit, or household pur- 14 poses, whether or not such obligation has 15 been reduced to judgment; 16 ‘‘(ii) owed to a local, State, or Federal 17 government; 18 ‘‘(B) does not include federally related 19 mortgages (as defined under section 3 of the 20 Real Estate Settlement Procedures Act of 21 1974) unless a deficiency judgment has been 22 made with respect to such federally related 23 mortgage. 24 ‘‘(5) DEBT 25 COLLECTOR.—The term ‘debt col- lector’ includes a creditor and any person or entity L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00394 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 395 1 that engages in the collection of debt (including the 2 Federal Government or a State government) whether 3 or not the debt is allegedly owed to or assigned to 4 that person or entity. 5 ‘‘(6) DEPOSITORY 6 pository institution’— INSTITUTION.—The term ‘de- 7 ‘‘(A) has the meaning given that term 8 under section 3 of the Federal Deposit Insur- 9 ance Act; and 10 ‘‘(B) means a Federal or State credit 11 union (as such terms are defined, respectively, 12 under section 101 of the Federal Credit Union 13 Act.) 14 ‘‘(7) NON-PROFIT ORGANIZATION.—The term 15 ‘non-profit organization’ means an organization de- 16 scribed in section 501(c)(3) of the Internal Revenue 17 Code of 1986 and exempt from taxation under sub- 18 section (a) of such section. 19 ‘‘(8) SMALL BUSINESS.—The term ‘small busi- 20 ness’ has the meaning given the term ‘small business 21 concern’ under section 3 of the Small Business Act 22 (15 U.S.C. 632). 23 ‘‘(b) PROHIBITIONS.—Notwithstanding any other 24 provision of law, during COVID–19 emergency period and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00395 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 396 1 the 120-day period immediately following, a debt collector 2 is prohibited from— 3 ‘‘(1) capitalizing or adding extra interest or fees 4 triggered by the non-payment of an obligation by a 5 consumer, small business, or non-profit organization 6 to the balance of an account; 7 ‘‘(2) suing or threatening to sue a consumer, 8 small business, or non-profit for a past-due debt; 9 ‘‘(3) continuing litigation initiated before the 10 date of enactment of this section to collect a debt 11 from a consumer, small business, or non-profit orga- 12 nization; 13 ‘‘(4) enforcing a security interest, including 14 through repossession or foreclosure, against a con- 15 sumer, small business, or non-profit organization; 16 ‘‘(5) reporting a past due debt of a consumer, 17 small business, or non-profit organization to a con- 18 sumer reporting agency; 19 ‘‘(6) taking or threatening to take any action to 20 enforce collection, or any adverse action against a 21 consumer, small business, or non-profit organization 22 for non-payment or for non-appearance at any hear- 23 ings related to a debt; 24 ‘‘(7) except with respect to enforcing an order 25 for child support or spousal support, initiating or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 397 1 continuing any action to cause or to seek to cause 2 the collection of a debt from wages, Federal benefits, 3 or other amounts due to a consumer, small business, 4 or non-profit organization, by way of garnishment, 5 deduction, offset, or other seizure, or to cause or 6 seek to cause the collection of a debt by seizing 7 funds from a bank account or any other assets held 8 by such consumer, small business, or non-profit or- 9 ganization; 10 ‘‘(8) in the case of action or collection described 11 under paragraph (7) that was initiated prior to the 12 beginning of the date of such disaster or emergency, 13 failing to suspend the action or collection until 120 14 days after the end of the COVID–19 emergency pe- 15 riod; 16 ‘‘(9) upon the termination of the incident period 17 for such disaster or emergency, failing to extend the 18 time period to pay an obligation by one payment pe- 19 riod for each payment that a consumer, small busi- 20 ness, or non-profit organization missed during the 21 incident period, with the payments due in the same 22 amounts and at the same intervals as the pre-exist- 23 ing payment schedule of the consumer, small busi- 24 ness, or non-profit organization (as applicable) or, if 25 the debt has no payment periods, allow the con- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00397 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 398 1 sumer, small business, or non-profit a reasonable 2 time in which to repay the debt in affordable pay- 3 ments; 4 ‘‘(10) disconnecting a consumer, small business, 5 or non-profit organization from a utility prepaid or 6 post-paid electricity, natural gas, telecommuni- 7 cations, broadband, water, or sewer service; or 8 ‘‘(11) exercising a right to set off provision con- 9 tained in any consumer, small business, or non-prof- 10 it organization account agreement with a depository 11 institution. 12 ‘‘(c) VIOLATION.—Any person who violates a provi- 13 sion of this section shall— 14 ‘‘(1) be treated as a debt collector for purposes 15 of section 813; and 16 ‘‘(2) be liable to the consumer, small business, 17 or non-profit organization an amount equal to 10 18 times the damages allowed under section 813 for 19 each such violation.’’. 20 (2) TABLE OF CONTENTS AMENDMENT.—The 21 table of contents at the beginning of the Fair Debt 22 Collection Practices Act (15 U.S.C. 1692 et seq.) is 23 amended by inserting after the item relating to sec- 24 tion 812 the following new item: ‘‘812A. Temporary debt collection moratorium during the COVID–19 emergency period.’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00398 Fmt 6652 Sfmt 6211 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 399 1 (b) CONFESSIONS OF JUDGMENT PROHIBITION.— 2 (1) IN 3 GENERAL.—Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended— 4 (A) by adding at the end the following: 5 ‘‘§ 140B. Confessions of judgment prohibition 6 ‘‘(a) IN GENERAL.—During a period described under 7 section 812A(b) of the Fair Debt Collection Practices Act, 8 no person may directly or indirectly take or receive from 9 another person or seek to enforce an obligation that con10 stitutes or contains a cognovit or confession of judgment 11 (for purposes other than executory process in the State 12 of Louisiana), warrant of attorney, or other waiver of the 13 right to notice and the opportunity to be heard in the 14 event of suit or process thereon. 15 ‘‘(b) EXEMPTION.—The exemption in section 104(1) 16 shall not apply to this section. 17 ‘‘(c) DEBT DEFINED.—In this section, the term 18 ‘debt’ means any obligation of a person to pay to another 19 person money— 20 ‘‘(1) regardless of whether the obligation is ab- 21 solute or contingent, if the understanding between 22 the parties is that any part of the money shall be 23 or may be returned; 24 ‘‘(2) that includes the right of the person pro- 25 viding the money to an equitable remedy for breach L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 400 1 of performance if the breach gives rise to a right to 2 payment; and 3 ‘‘(3) regardless of whether the obligation or 4 right to an equitable remedy described in paragraph 5 (2) has been reduced to judgment or is fixed, contin- 6 gent, matured, unmatured, disputed, undisputed, se- 7 cured, or unsecured.’’; and 8 (B) in the table of contents for such chap- 9 ter, by adding at the end the following: ‘‘140B. Confessions of judgment prohibition.’’. 10 (2) CONFORMING AMENDMENT.—Section 11 130(a) of the Truth in Lending Act (15 U.S.C. 12 1640(a)) is amended by adding at the end the fol- 13 lowing: ‘‘For purposes of this section, the term 14 ‘creditor’ refers to any person charged with compli- 15 ance.’’. 16 SEC. 112. DISASTER PROTECTION FOR WORKERS’ CREDIT. 17 (a) PURPOSE.—The purpose of this section, and the 18 amendments made by this section, is to protect consumers’ 19 credit from negative impacts as a result of financial hard20 ship due to the coronavirus disease (COVID–19) outbreak 21 and future major disasters. 22 (b) REPORTING OF INFORMATION DURING MAJOR 23 DISASTERS.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 401 1 (1) IN GENERAL.—The Fair Credit Reporting 2 Act is amended by inserting after section 605B the 3 following: 4 ‘‘§ 605C. Reporting of information during major disas5 ters 6 ‘‘(a) DEFINITIONS.—In this section: 7 ‘‘(1) COVID–19 EMERGENCY PERIOD.—The 8 term ‘COVID–19 emergency period’ means the pe- 9 riod beginning on the date of enactment of this sec- 10 tion and ending on the later of— 11 ‘‘(A) 120 days after the date of enactment 12 of this section; or 13 ‘‘(B) 120 days after the date of termi- 14 nation by the Federal Emergency Management 15 Administration of the emergency declared on 16 March 13, 2020, by the President under the 17 Robert T. Stafford Disaster Relief and Emer- 18 gency Assistance Act (42 U.S.C. 4121 et seq.) 19 relating to the Coronavirus Disease 2019 20 (COVID–19) pandemic. 21 ‘‘(2) COVERED 22 MAJOR DISASTER PERIOD.—The term ‘covered major disaster period’ means— 23 ‘‘(A) the period beginning on the date on 24 which a major disaster is declared by the Presi- 25 dent under section 401 of the Robert T. Staf- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00401 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 402 1 ford Disaster Relief and Emergency Assistance 2 Act (42 U.S.C. 5170), under which assistance 3 is authorized under section 408 of such Act (42 4 U.S.C. 5174), and ending on the date that is 5 120 days after the end of the incident period 6 designated in such declaration; or 7 ‘‘(B) the period ending 120 days after the 8 date of termination by the Federal Emergency 9 Management Administration of the emergency 10 declared on March 13, 2020, by the President 11 under the Robert T. Stafford Disaster Relief 12 and Emergency Assistance Act (42 U.S.C. 4121 13 et seq.) relating to the Coronavirus Disease 14 2019 (COVID–19) pandemic. 15 ‘‘(3) MAJOR DISASTER.—The term ‘major dis- 16 aster’ means a major disaster declared by the Presi- 17 dent under section 401 of the Robert T. Stafford 18 Disaster Relief and Emergency Assistance Act (42 19 U.S.C. 5170), 20 under section 408 of such Act (42 U.S.C. 5174) 21 ‘‘(b) MORATORIUM 22 FORMATION under which assistance is authorized ON FURNISHING ADVERSE IN- DURING COVID–19 EMERGENCY PERIOD.— 23 No person may furnish any adverse item of information 24 (except information related to a felony criminal conviction) 25 relating to a consumer that was the result of any action L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00402 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 403 1 or inaction that occurred during the COVID–19 emer2 gency period. 3 4 ‘‘(c) MORATORIUM ON FURNISHING ADVERSE INFORMATION DURING COVERED MAJOR DISASTER PERIOD.— 5 No person may furnish any adverse item of information 6 (except information related to a felony criminal conviction) 7 relating to a consumer that was the result of any action 8 or inaction that occurred during a covered major disaster 9 period if the consumer is a resident of the affected area 10 covered by a declaration made by the President under sec11 tion 401 of the Robert T. Stafford Disaster Relief and 12 Emergency Assistance Act (42 U.S.C. 5170), under which 13 assistance is authorized under section 408 of such Act (42 14 U.S.C. 5174). 15 ‘‘(d) INFORMATION EXCLUDED FROM CONSUMER 16 REPORTS.—In addition to the information described in 17 section 605(a), no consumer reporting agency may make 18 any consumer report containing an adverse item of infor19 mation (except information related to a felony criminal 20 conviction) reported relating to a consumer that was the 21 result of any action or inaction that occurred during the 22 COVID–19 emergency period or a covered major disaster 23 period, and as applicable under subsection (f)(3), for 270 24 days after the expiration of the applicable period. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00403 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 404 1 ‘‘(e) SUMMARY OF RIGHTS.—Not later than 60 days 2 after the date of enactment of this subsection, the Bureau 3 shall update the model summary of rights under section 4 609(c)(1) to include a description of the right of a con5 sumer to— 6 ‘‘(1) request the deletion of adverse items of in- 7 formation under subsection (f); and 8 ‘‘(2) request a consumer report or score, with- 9 out charge to the consumer, under subsection (g). 10 11 ‘‘(f) DELETION TION OF ADVERSE ITEMS RESULTING FROM THE OF INFORMA- CORONAVIRUS DISEASE 12 (COVID–19) OUTBREAK AND MAJOR DISASTERS.— 13 ‘‘(1) REPORTING.— 14 ‘‘(A) IN GENERAL.—Not later than 60 15 days after the date of enactment of this sub- 16 section, the Bureau shall create a website for 17 consumers to report, under penalty of perjury, 18 economic 19 coronavirus disease (COVID–19) outbreak or a 20 major disaster (if the consumer is a resident of 21 the affected area covered by such major dis- 22 aster) for the purpose of extending credit report 23 protection for an additional 270 days after the 24 end of the COVID–19 emergency period or cov- 25 ered major disaster period, as applicable. hardship as a result of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00404 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 405 1 DOCUMENTATION.—The ‘‘(B) 2 Bureau shall— 3 ‘‘(i) not require any documentation 4 from a consumer to substantiate the eco- 5 nomic hardship; and 6 ‘‘(ii) provide notice to the consumer 7 that a report under subparagraph (A) is 8 under penalty of perjury. 9 ‘‘(C) REPORTING PERIOD.—A consumer 10 may report economic hardship under subpara- 11 graph (A) during the COVID–19 emergency pe- 12 riod or a covered major disaster period, as ap- 13 plicable, and for 60 days thereafter. 14 ‘‘(2) DATABASE.—The Bureau shall establish 15 and maintain a secure database that— 16 ‘‘(A) is accessible to each consumer report- 17 ing agency described in section 603(p) and na- 18 tionwide specialty consumer reporting agency 19 for purposes of fulfilling their duties under 20 paragraph (3) to check and automatically delete 21 any adverse item of information (except infor- 22 mation related to a felony criminal conviction) 23 reported that occurred during the COVID–19 24 emergency period or a covered major disaster 25 period with respect to a consumer; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00405 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 406 1 ‘‘(B) contains the information reported 2 under paragraph (1). 3 ‘‘(3) DELETION OF ADVERSE ITEMS OF INFOR- 4 MATION 5 AND NATIONWIDE SPECIALTY CONSUMER REPORT- 6 ING AGENCIES.— 7 BY NATIONWIDE ‘‘(A) IN CONSUMER GENERAL.—Each REPORTING consumer re- 8 porting agency described in section 603(p) and 9 each nationwide specialty consumer reporting 10 agency shall, using the information contained in 11 the database established under paragraph (2), 12 delete from the file of each consumer named in 13 the database each adverse item of information 14 (except information related to a felony criminal 15 conviction) that was a result of an action or in- 16 action that occurred during the COVID–19 17 emergency period or a covered major disaster 18 period up to 270 days following the end of the 19 such period. 20 ‘‘(B) TIMELINE.—Each consumer report- 21 ing agency described in section 603(p) and each 22 nationwide specialty consumer reporting agency 23 shall check the database at least weekly and de- 24 lete adverse items of information as soon as 25 practicable after information that is reported L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00406 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 407 1 under paragraph (1) appears in the database 2 established under paragraph (2). 3 ‘‘(4) REQUEST FOR DELETION OF ADVERSE 4 ITEMS OF INFORMATION.— 5 ‘‘(A) IN GENERAL.—A consumer who has 6 filed a report of economic hardship with the 7 Bureau may submit a request, without charge 8 to the consumer, to a consumer reporting agen- 9 cy to delete from the consumer’s file an adverse 10 item of information (except information related 11 to a felony criminal conviction) that was a re- 12 sult of an action or inaction that occurred dur- 13 ing the COVID–19 emergency period or a cov- 14 ered major disaster period up to 270 days fol- 15 lowing the end of the such period. 16 ‘‘(B) TIMING.—A consumer may submit a 17 request under subparagraph (A), not later than 18 270-day period described in that subparagraph. 19 ‘‘(C) REMOVAL AND NOTIFICATION.—Upon 20 receiving a request under this paragraph to de- 21 lete an adverse item of information, a consumer 22 reporting agency shall— 23 ‘‘(i) delete the adverse item of infor- 24 mation (except information related to a fel- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 408 1 ony criminal conviction) from the con- 2 sumer’s file; and 3 ‘‘(ii) notify the consumer and the fur- 4 nisher of the adverse item of information 5 of the deletion. 6 ‘‘(g) FREE CREDIT REPORT AND SCORES.— 7 ‘‘(1) IN GENERAL.—During the COVID–19 8 emergency period or a covered major disaster period 9 and ending 12 months after the expiration of the 10 COVID–19 emergency period or covered major dis- 11 aster period, as applicable, each consumer reporting 12 agency as described under 603(p) and nationwide 13 specialty consumer reporting agency shall make all 14 disclosures described under section 609 upon request 15 by a consumer, by mail or online, without charge to 16 the consumer and without limitation as to the num- 17 ber of requests. A consumer reporting agency shall 18 also supply a consumer, upon request and without 19 charge, with a credit score that— 20 ‘‘(A) is derived from a credit scoring model 21 that is widely distributed to users by the con- 22 sumer reporting agency for the purpose of any 23 extension of credit or other transaction des- 24 ignated by the consumer who is requesting the 25 credit score; or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00408 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 409 1 ‘‘(B) is widely distributed to lenders of 2 common consumer loan products and predicts 3 the future credit behavior of the consumer. 4 ‘‘(2) TIMING.—A file disclosure or credit score 5 under paragraph (1) shall be provided to the con- 6 sumer not later than— 7 ‘‘(A) 7 days after the date on which the re- 8 quest is received if the request is made by mail; 9 and 10 ‘‘(B) not later than 15 minutes if the re- 11 quest is made online. 12 ‘‘(3) ADDITIONAL REPORTS.—A file disclosure 13 provided under paragraph (1) shall be in addition to 14 any disclosure requested by the consumer under sec- 15 tion 612(a). 16 ‘‘(4) PROHIBITION.—A consumer reporting 17 agency that receives a request under paragraph (1) 18 may not request or require any documentation from 19 the consumer that demonstrates that the consumer 20 was impacted by the coronavirus disease (COVID– 21 19) outbreak or a major disaster (except to verify 22 that the consumer resides in an area covered by the 23 major disaster) as a condition of receiving the file 24 disclosure or score. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00409 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 410 1 ‘‘(h) POSTING OF RIGHTS.—Not later than 30 days 2 after the date of enactment of this section, each consumer 3 reporting agency shall prominently post and maintain a 4 direct link on the homepage of the public website of the 5 consumer reporting agency information relating to the 6 right of consumers to— 7 ‘‘(1) request the deletion of adverse items of in- 8 formation (except information related to a felony 9 criminal conviction) under subsection (f); and 10 ‘‘(2) request consumer file disclosures and 11 scores, without charge to the consumer, under sub- 12 section (g). 13 ‘‘(i) BAN 14 TION ON RELATED 15 REPORTING MEDICAL DEBT INFORMA- TO COVID–19 ‘‘(1) FURNISHING OR A MAJOR DISASTER.— BAN.—No person shall fur- 16 nish adverse information to a consumer reporting 17 agency related to medical debt if such medical debt 18 is with respect to medical expenses related to treat- 19 ments arising from COVID–19 or a major disaster 20 (whether or not the expenses were incurred during 21 the COVID–19 emergency period or covered major 22 disaster period). 23 ‘‘(2) CONSUMER REPORT BAN.—No consumer 24 reporting agency may made a consumer report con- 25 taining adverse information related to medical debt L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00410 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 411 1 if such medical debt is with respect to medical ex- 2 penses related to treatments arising from COVID– 3 19 or a major disaster (whether or not the expenses 4 were incurred during the COVID–19 emergency pe- 5 riod or covered major disaster period). 6 ‘‘(j) CREDIT SCORING MODELS.—A person that cre- 7 ates and implements credit scoring models may not treat 8 the absence, omission, or deletion of any information pur9 suant to this section as a negative factor or negative value 10 in credit scoring models created or implemented by such 11 person.’’. 12 (2) TECHNICAL AND CONFORMING AMEND- 13 MENT.—The 14 Reporting Act is amended by inserting after the 15 item relating to section 605B the following: table of contents for the Fair Credit ‘‘605C. Reporting of information during major disasters.’’. 16 (c) LIMITATIONS 17 DURING 18 THE ON NEW CREDIT SCORING MODELS COVID–19 EMERGENCY ASTERS.—The AND MAJOR DIS- Fair Credit Reporting Act (15 U.S.C. 1681 19 et seq.) is amended— 20 (1) by adding at the end the following: 21 ‘‘§ 630. Limitations on new credit scoring models dur22 ing the COVID–19 emergency and major 23 disasters 24 ‘‘With respect to a person that creates and imple- 25 ments credit scoring models, such person may not, during L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00411 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 412 1 the COVID–19 emergency period or a covered major dis2 aster period (as such terms are defined under section 3 605C), create or implement a new credit scoring model 4 (including a revision to an existing scoring model) if the 5 new credit scoring model would identify a significant per6 centage of consumers as being less creditworthy when 7 compared to the previous credit scoring models created or 8 implemented by such person.’’; and 9 (2) in the table of contents for such Act, by 10 adding at the end the following new item: ‘‘630. Limitations on new credit scoring models during major disasters.’’. 11 SEC. 113. STUDENT LOANS. 12 13 (a) PAYMENTS ROWERS AS A 14 FOR RESULT (1) IN FEDERAL STUDENT LOAN BOROF A NATIONAL EMERGENCY.— GENERAL.—Part G of title IV of the 15 Higher Education Act of 1965 (20 U.S.C. 1088 et 16 seq.) is amended by inserting after section 493D the 17 following: 18 ‘‘SEC. 493E. PAYMENTS FOR STUDENT LOAN BORROWERS 19 DURING 20 GENCY. 21 THE COVID–19 NATIONAL EMER- ‘‘(a) DEFINITIONS.—In this section: 22 ‘‘(1) CORONAVIRUS.—The term ‘coronavirus’ 23 has the meaning given the term in section 506 of the 24 Coronavirus Preparedness and Response Supple- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00412 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 413 1 mental Appropriations Act, 2020 (Public Law 116– 2 123). 3 ‘‘(2) INCOME-DRIVEN 4 REPAYMENT.—The term ‘income-driven repayment’ means— 5 ‘‘(A) income-based repayment authorized 6 under section 493C for loans made, insured, or 7 guaranteed under part B or part D; or 8 ‘‘(B) income contingent repayment author- 9 ized under section 455(e) for loans made under 10 part D. 11 ‘‘(3) INVOLUNTARY 12 COLLECTION.—The term ‘involuntary collection’ means— 13 ‘‘(A) a wage garnishment authorized under 14 section 488A of this Act or section 3720D of 15 title 31, United States Code; 16 ‘‘(B) a reduction of tax refund by amount 17 of debt authorized under section 3720A of title 18 31, United States Code; 19 ‘‘(C) a reduction of any other Federal ben- 20 efit payment by administrative offset authorized 21 under section 3716 of title 31, United States 22 Code (including a benefit payment due to an in- 23 dividual under the Social Security Act or any 24 other 25 (c)(3)(A)(i) of such section); and provision described in subsection L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00413 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 414 1 ‘‘(D) any other involuntary collection activ- 2 ity, including any collection activity through 3 which a borrower is compelled to make pay- 4 ments on a private student loan. 5 ‘‘(4) COVID–19 EMERGENCY PERIOD.—For 6 purposes of this Act, the term ‘COVID–19 emer- 7 gency period’ means the period that begins upon the 8 date of the enactment of this Act and ends upon the 9 date of the termination by the Federal Emergency 10 Management Administration of the emergency de- 11 clared on March 13, 2020, by the President under 12 the Robert T. Stafford Disaster Relief and Emer- 13 gency Assistance Act (42 U.S.C. 4121 et seq.) relat- 14 ing to the Coronavirus Disease 2019 (COVID–19) 15 pandemic. 16 ‘‘(b) COVID–19 NATIONAL EMERGENCY STUDENT 17 LOAN REPAYMENT ASSISTANCE.— 18 ‘‘(1) AUTHORITY.—Effective on the date of the 19 enactment of this section, during the COVID–19 20 emergency period and the 6-month period imme- 21 diately following, the Secretary of Education shall 22 for each borrower of a loan made, insured, or guar- 23 anteed under part B, D, or E, pay the total amount 24 due for such month on the loan, based on the pay- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00414 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 415 1 ment plan selected by the borrower or the borrower’s 2 loan status. 3 ‘‘(2) NO CAPITALIZATION OF INTEREST.—With 4 respect to any loan in repayment during the 5 COVID–19 national emergency period and the 6- 6 month period immediately following, interest due on 7 loans made, insured, or guaranteed under part B, D, 8 or E during such period shall not be capitalized at 9 any time during the COVID–19 national emergency 10 period and the 6-month period immediately fol- 11 lowing. 12 ‘‘(3) APPLICABILITY OF PAYMENTS.—Any pay- 13 ment made by the Secretary of Education under this 14 section shall be considered by the Secretary of Edu- 15 cation, or by a lender with respect to a loan made, 16 insured, or guaranteed under part B— 17 ‘‘(A) as a qualifying payment under the 18 public service loan forgiveness program under 19 section 455(m), if the borrower would otherwise 20 qualify under such section; 21 ‘‘(B) in the case of a borrower enrolled in 22 an income-driven repayment plan, as a quali- 23 fying payment for the purpose of calculating eli- 24 gibility for loan forgiveness for the borrower in L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 416 1 accordance with section 493C(b)(7) or section 2 455(d)(1)(D), as the case may be; and 3 ‘‘(C) in the case of a borrower in default, 4 as an on-time monthly payment for purposes of 5 loan rehabilitation pursuant to section 428F(a). 6 ‘‘(4) REPORTING TO CONSUMER REPORTING 7 AGENCIES.—During 8 retary of Education is making payments on a loan 9 under paragraph (1), the Secretary shall ensure 10 that, for the purpose of reporting information about 11 the loan to a consumer reporting agency, any pay- 12 ment made by the Secretary is treated as if it were 13 a regularly scheduled payment made by a borrower. 14 ‘‘(5) NOTICE the period in which the Sec- OF PAYMENTS AND PROGRAM.— 15 Not later than 15 days following the date of enact- 16 ment of this section, and monthly thereafter during 17 the COVID–19 national emergency period and the 18 6-month period immediately following, the Secretary 19 of Education shall provide a notice to all borrowers 20 of loans made, insured, or guaranteed under part B, 21 D, or E— 22 ‘‘(A) informing borrowers of the actions 23 taken under this section; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 417 1 ‘‘(B) providing borrowers with an easily 2 accessible method to opt out of the benefits pro- 3 vided under this section; and 4 ‘‘(C) notifying the borrower that the pro- 5 gram under this section is a temporary program 6 and will end 6 months after the COVID–19 na- 7 tional emergency period ends. 8 ‘‘(6) SUSPENSION 9 TION.—During OF INVOLUNTARY COLLEC- the COVID–19 national emergency 10 period and the 6-month period immediately fol- 11 lowing, the Secretary of Education, or other holder 12 of a loan made, insured, or guaranteed under part 13 B, D, or E, shall immediately take action to halt all 14 involuntary collection related to the loan. 15 ‘‘(7) MANDATORY FORBEARANCE.—During the 16 period in which the Secretary of Education is mak- 17 ing payments on a loan under paragraph (1), the 18 Secretary, or a lender or guaranty agency for a loan 19 made under part B, shall grant the borrower for- 20 bearance as follows: 21 ‘‘(A) A temporary cessation of all pay- 22 ments on the loan other than the payments of 23 interest and principal on the loan that are made 24 under paragraph (1). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00417 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 418 1 ‘‘(B) For borrowers who are delinquent 2 but who are not yet in default before the date 3 on which the Secretary begins making payments 4 under paragraph (1), the retroactive application 5 of forbearance to address any delinquency.’’. 6 (2) FFEL AMENDMENT.—Section 428(c)(8) of 7 the Higher Education Act of 1965 (20 U.S.C. 8 1078(c)(8)) is amended by striking ‘‘and for which’’ 9 and all that follows through ‘‘this subsection’’. 10 (b) PAYMENTS 11 BORROWERS AS A FOR RESULT PRIVATE EDUCATION LOAN OF THE COVID–19 NATIONAL 12 EMERGENCY.—Section 140 of the Truth in Lending Act 13 (15 U.S.C. 1650) is amended by adding at the end the 14 following new subsection: 15 ‘‘(h) COVID–19 NATIONAL EMERGENCY PRIVATE 16 EDUCATION LOAN REPAYMENT ASSISTANCE.— 17 ‘‘(1) AUTHORITY.—Effective on the date of the 18 enactment of this section, for the duration of the 19 COVID–19 emergency period and the 6-month pe- 20 riod immediately following, the Secretary of the 21 Treasury shall, for each borrower of a private edu- 22 cation loan, pay the total amount due for such 23 month on the loan, based on the payment plan se- 24 lected by the borrower or the borrower’s loan status. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 419 1 ‘‘(2) NO CAPITALIZATION OF INTEREST.—With 2 respect to any loan in repayment during the 3 COVID–19 national emergency period and the 6- 4 month period immediately following, interest due on 5 a private education loan during such period shall not 6 be capitalized at any time during the COVID–19 na- 7 tional emergency period and the 6-month period im- 8 mediately following. 9 ‘‘(3) REPORTING TO CONSUMER REPORTING 10 AGENCIES.—During 11 retary of the Treasury is making payments on a 12 loan under paragraph (1), the Secretary shall ensure 13 that, for the purpose of reporting information about 14 the loan to a consumer reporting agency, any pay- 15 ment made by the Secretary is treated as if it were 16 a regularly scheduled payment made by a borrower. 17 ‘‘(4) NOTICE the period in which the Sec- OF PAYMENTS AND PROGRAM.— 18 Not later than 15 days following the date of enact- 19 ment of this subsection, and monthly thereafter dur- 20 ing the COVID–19 national emergency period and 21 the 6-month period immediately following, the Sec- 22 retary of the Treasury shall provide a notice to all 23 borrowers of private education loans— 24 ‘‘(A) informing borrowers of the actions 25 taken under this subsection; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00419 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 420 1 ‘‘(B) providing borrowers with an easily 2 accessible method to opt out of the benefits pro- 3 vided under this subsection; and 4 ‘‘(C) notifying the borrower that the pro- 5 gram under this subsection is a temporary pro- 6 gram and will end 6 months after the COVID– 7 19 national emergency period ends. 8 ‘‘(5) SUSPENSION 9 TION.—During OF INVOLUNTARY COLLEC- the COVID–19 national emergency 10 period and the 6-month period immediately fol- 11 lowing, the holder of a private education loan shall 12 immediately take action to halt all involuntary col- 13 lection related to the loan. 14 ‘‘(6) MANDATORY FORBEARANCE.—During the 15 period in which the Secretary of the Treasury is 16 making payments on a loan under paragraph (1), 17 the servicer of such loan shall grant the borrower 18 forbearance as follows: 19 ‘‘(A) A temporary cessation of all pay- 20 ments on the loan other than the payments of 21 interest and principal on the loan that are made 22 under paragraph (1). 23 ‘‘(B) For borrowers who are delinquent 24 but who are not yet in default before the date 25 on which the Secretary begins making payments L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00420 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 421 1 under paragraph (1), the retroactive application 2 of forbearance to address any delinquency. 3 ‘‘(7) DATA IMPLEMENT.—Holders TO and 4 servicers of private education loans shall report, to 5 the satisfaction of the Secretary of the Treasury, the 6 information necessary to calculate the amount to be 7 paid under this section. 8 ‘‘(8) COVID–19 9 FINED.—In EMERGENCY PERIOD DE- this subsection, the term ‘COVID–19 10 emergency period’ means the period that begins 11 upon the date of the enactment of this Act and ends 12 upon the date of the termination by the Federal 13 Emergency Management Administration of the 14 emergency declared on March 13, 2020, by the 15 President under the Robert T. Stafford Disaster Re- 16 lief and Emergency Assistance Act (42 U.S.C. 4121 17 et seq.) relating to the Coronavirus Disease 2019 18 (COVID–19) pandemic.’’. 19 (c) MINIMUM RELIEF FOR 20 STUDENT LOAN BORROWERS FEDERAL AS A AND PRIVATE RESULT OF THE 21 COVID–19 NATIONAL EMERGENCY.— 22 (1) MINIMUM STUDENT LOAN RELIEF AS A RE- 23 SULT OF THE COVID–19 NATIONAL EMERGENCY.— 24 Not later than 270 days after the last day of the 25 COVID–19 emergency period, the Secretaries con- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00421 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 422 1 cerned shall jointly carry out a program under which 2 a qualified borrower, with respect to the covered 3 loans and private education of loans of such quali- 4 fied borrower, shall receive in accordance with para- 5 graph (3) an amount equal to the lesser of the fol- 6 lowing: 7 (A) The total amount of each covered loan 8 and each private education loan of the bor- 9 rower; or 10 (B) $10,000. 11 (2) NOTIFICATION OF BORROWERS.—Not later 12 than 270 days after the last day of the COVID–19 13 emergency period, the Secretaries concerned shall 14 notify each qualified borrower of— 15 (A) the requirements to provide loan relief 16 to such borrower under this section; and 17 (B) the opportunity for such borrower to 18 make an election under paragraph (3)(A) with 19 respect to the application of such loan relief to 20 the covered loans and private education loans of 21 such borrower. 22 (3) DISTRIBUTION 23 OF FUNDING.— (A) ELECTION BY BORROWER.—Not later 24 than 45 days after a notice is sent under para- 25 graph (2), a qualified borrower may elect to L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00422 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 423 1 apply the amount determined with respect to 2 such borrower under paragraph (1) to— 3 (i) any covered loan of the borrower; 4 (ii) any private education loan of the 5 borrower; and 6 (iii) any combination of the loans de- 7 scribed in clauses (i) and (ii). 8 (B) AUTOMATIC 9 (i) IN PAYMENT.— GENERAL.—In the case of a 10 qualified borrower who does not make an 11 election under subparagraph (A) before the 12 date described in such paragraph, the Sec- 13 retaries concerned shall apply the amount 14 determined with respect to such borrower 15 under paragraph (1) in order of the cov- 16 ered loan or private education loan of the 17 qualified borrower with the highest interest 18 rate. 19 (ii) EQUAL INTEREST RATES.—In 20 case of two or more covered loans or pri- 21 vate education loans described in clause (i) 22 with equal interest rates, the Secretaries 23 concerned shall apply the amount deter- 24 mined with respect to such borrower under L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00423 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 424 1 paragraph (1) first to the loan with the 2 highest principal. 3 (4) DATA 4 TO IMPLEMENT.— (A) SECRETARY OF EDUCATION.—Contrac- 5 tors of the Secretary of Education and lenders 6 and guaranty agencies holding loans made, in- 7 sured, or guaranteed under part B shall report, 8 to the satisfaction of the Secretary of Edu- 9 cation, the information necessary to calculate 10 the amount to be applied under paragraph (1). 11 (B) SECRETARY OF TREASURY.—Holders 12 and servicers of private education loans shall 13 report, to the satisfaction of the Secretary of 14 the Treasury, the information necessary to cal- 15 culate the amount to be applied under para- 16 graph (1). 17 (5) MEMORANDUM OF UNDERSTANDING.—The 18 Secretaries concerned shall enter into a memo- 19 randum of understanding to carry out this sub- 20 section. 21 (6) DEFINITIONS.—In this subsection: 22 (A) COVERED 23 LOAN.—The term ‘‘covered loan’’ means— 24 (i) a loan made, insured, or guaran- 25 teed under part B of title IV of the Higher L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00424 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 425 1 Education Act of 1965 (20 U.S.C. 1071 et 2 seq.); 3 (ii) a loan made under part D of title 4 IV of the Higher Education Act of 1965 5 (20 U.S.C. 1087a et seq.); and 6 (iii) a Federal Perkins Loan made 7 pursuant to part E of title IV of the High- 8 er Education Act of 1965 (20 U.S.C. 9 1087aa et seq.). 10 (B) COVID–19 PERIOD.— EMERGENCY 11 The term ‘‘COVID–19 emergency period’’ 12 means the period that begins upon the date of 13 the enactment of this Act and ends upon the 14 date of the termination by the Federal Emer- 15 gency Management Administration of the emer- 16 gency declared on March 13, 2020, by the 17 President under the Robert T. Stafford Dis- 18 aster Relief and Emergency Assistance Act (42 19 U.S.C. 20 Coronavirus Disease 2019 (COVID–19) pan- 21 demic. 22 4121 (C) et PRIVATE seq.) relating EDUCATION to the LOAN.—The 23 term ‘‘private education loan’’ has the meaning 24 given the term in section 140 of the Truth in 25 Lending Act (15 U.S.C. 1650). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00425 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 426 1 (D) QUALIFIED BORROWER.—The term 2 ‘‘qualified borrower’’ means a borrower of a 3 covered loan or a private education loan. 4 (E) SECRETARIES 5 CONCERNED.—The term ‘‘Secretaries concerned’’ means— 6 (i) the Secretary of Education, with 7 respect to covered loans and borrowers of 8 such covered loans; and 9 (ii) the Secretary of the Treasury, 10 with respect to private education loans and 11 borrowers of such private education loans. 12 (d) INCOME SHARE AGREEMENTS.— 13 (1) IN GENERAL.—An individual who entered 14 into an income share agreement to pay for education 15 expenses of the individual shall not be required to 16 make payments under such income share agreement 17 for the duration of the COVID–19 emergency period 18 and the 6-month period immediately following. 19 (2) COVID–19 EMERGENCY PERIOD.—In this 20 subsection, the term ‘‘COVID–19 emergency period’’ 21 means the period that begins upon the date of the 22 enactment of this Act and ends upon the date of the 23 termination by the Federal Emergency Management 24 Administration of the emergency declared on March 25 13, 2020, by the President under the Robert T. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00426 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 427 1 Stafford Disaster Relief and Emergency Assistance 2 Act (42 U.S.C. 4121 et seq.) relating to the 3 Coronavirus Disease 2019 (COVID–19) pandemic. 4 (e) EXCLUSION FROM GROSS INCOME.— 5 (1) IN GENERAL.—Part III of subchapter B of 6 chapter 1 of the Internal Revenue Code of 1986 is 7 amended by inserting after section 139H the fol- 8 lowing new section: 9 ‘‘SEC. 139I. STUDENT LOAN PAYMENTS RESULTING FROM 10 THE COVID–19 NATIONAL EMERGENCY. 11 ‘‘Gross income shall not include any payment made 12 on behalf of the taxpayer under section 493E(b)(1) of the 13 Higher Education Act of 1965, section 140(h) of the 14 Truth in Lending Act, or section 114(c) of the Financial 15 Protections and Assistance for America’s Consumers, 16 States, Businesses, and Vulnerable Populations.’’. 17 (2) CLERICAL AMENDMENT.—The table of sec- 18 tions for part III of subchapter B of chapter 1 of 19 the Internal Revenue Code of 1986 is amended by 20 inserting after the item relating to section 139H the 21 following new item: ‘‘Sec. 139I. Student loan payments resulting from the COVID–19 national emergency.’’. 22 (3) EFFECTIVE DATE.—The amendments made 23 by this subsection shall apply to taxable years begin- 24 ning after December 31, 2019. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 428 1 SEC. 114. WAIVER OF IN-PERSON APPRAISAL REQUIRE- 2 MENTS. 3 (a) FINDING.—The Congress finds that as the coun- 4 try continues to grapple with the impact of the spread of 5 COVID–19, several adjustments are needed to ensure that 6 mortgage processing can continue to function without sig7 nificant delays ,despite requirements that would otherwise 8 require in-person interactions. 9 (b) WAIVER.— 10 (1) IN GENERAL.—Until the end of the 11 COVID–19 emergency, any appraisal that is con- 12 ducted for a loan with respect to which applicable 13 law would otherwise require the performance of an 14 interior inspection may be performed without an in- 15 terior inspection, if— 16 (A) an exterior inspection is performed in 17 conjunction with other methods to maximize 18 credibility, including verifiable contemporaneous 19 video or photographic documentation by the 20 borrower and borrower observations; and 21 (B) the applicable lender, guarantor, regu- 22 lating agency, or insurer may order additional 23 services to include an interior inspection at a 24 later date. 25 (2) STIPULATION.— An appraiser conducting 26 an appraisal without an interior inspection pursuant L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00428 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 429 1 to this section shall stipulate an extraordinary as- 2 sumption that the property’s interior quality, condi- 3 tion, and physical characteristics are as described 4 and consistent with the exterior view, and shall em- 5 ploy all available methods to maximize accuracy 6 while maintaining safety. 7 (c) RULEMAKING.—Not later than the end of the 1- 8 week period beginning on the date of enactment of this 9 Act, the Federal Housing Commissioner of the Federal 10 Housing Agency and the Director of the Federal Housing 11 Finance Agency shall issue such rules or guidance as may 12 be necessary to ensure that such agencies, the Federal 13 Home Loan Mortgage Corporation, the Federal National 14 Mortgage Association, and the Federal home loan banks 15 make any adjustments to mortgage processing require16 ments that may be necessary to provide flexibility to avoid 17 in-person interactions while preserving the goals of the 18 programs and consumer protection. 19 (d) COVID–19 EMERGENCY DEFINED.—In this sec- 20 tion, the term ‘‘COVID–19 emergency’’ means the period 21 that begins upon the date of the enactment of this Act 22 and ends on the date of the termination by the Federal 23 Emergency Management Agency of the emergency de24 clared on March 13, 2020, by the President under the 25 Robert T. Stafford Disaster Relief and Emergency Assist- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 430 1 ance Act (42 U.S.C. 4121 et seq.) relating to the 2 Coronavirus Disease 2019 (COVID–19) pandemic. 3 SEC. 115. SUPPLEMENTAL FUNDING FOR COMMUNITY DE- 4 VELOPMENT BLOCK GRANTS. 5 (a) FUNDING AND ALLOCATIONS.— 6 (1) AUTHORIZATION OF APPROPRIATIONS.— 7 There 8 $12,000,000,000 for assistance in accordance with 9 this section under the community development block 10 grant program under title I of the Housing and 11 Community Development Act of 1974 (42 U.S.C. 12 5301 et seq.). 13 is authorized (2) INITIAL to be appropriated ALLOCATION.—$6,000,000,000 of 14 the amount made available pursuant to paragraph 15 (1) shall be distributed pursuant to section 106 of 16 such Act (42 U.S.C. 5306) to grantees and such al- 17 locations shall be made within 30 days after the date 18 of the enactment of this Act. 19 (3) SUBSEQUENT 20 (A) IN ALLOCATION.— GENERAL.—The $6,000,000,000 21 made available pursuant to paragraph (1) that 22 remains after allocation pursuant to paragraph 23 (2) shall be allocated, not later than 45 days 24 after the date of the enactment of this Act, di- 25 rectly to States to prevent, prepare for, and re- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 431 1 spond to coronavirus within the State, including 2 activities within entitlement and nonentitlement 3 communities, based on public health needs, risk 4 of transmission of coronavirus, number of 5 coronavirus cases compared to the national av- 6 erage, and economic and housing market dis- 7 ruptions, and other factors, as determined by 8 the Secretary, using best available data. 9 (B) TECHNICAL ASSISTANCE.—Of the 10 amount referred to in subparagraph (A), 11 $10,000,000 shall be made available for capac- 12 ity building and technical assistance to support 13 the use of such amounts to expedite or facilitate 14 infectious disease response. 15 (4) DIRECT DISTRIBUTION.—Of the amount 16 made 17 $3,000,000,000 shall be distributed directly to 18 States and units of general local government, at the 19 discretion of the Secretary of Housing and Urban 20 Development (in this section referred to as the ‘‘Sec- 21 retary’’), according to a formula based on factors to 22 be determined by the Secretary, prioritizing risk of 23 transmission of coronavirus, number of coronavirus 24 cases compared to the national average, and eco- available pursuant to paragraph (1), L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00431 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 432 1 nomic and housing market disruptions resulting 2 from coronavirus. 3 (5) ROLLING ALLOCATIONS.—Allocations under 4 this subsection may be made on a rolling basis as 5 additional needs develop and data becomes available. 6 (6) BEST AVAILABLE DATA.—The Secretary 7 shall make all allocations under this subsection 8 based on the best available data at the time of allo- 9 cation. 10 (b) ELIGIBLE ACTIVITIES.—Amounts made available 11 pursuant to subsection (a) may be used only for— 12 (1) eligible activities described in 105(a) of the 13 Housing and Community Development Act of 1974 14 (42 U.S.C. 5305(a)) relating to preventing, pre- 15 paring for, or responding to the public health emer- 16 gency 17 (COVID–19); and relating to Coronavirus Disease 2019 18 (2) reimbursement of costs for such eligible ac- 19 tivities relating to preventing, preparing for, or re- 20 sponding to Coronavirus Disease 2019 (COVID–19) 21 that were accrued before the date of the enactment 22 of this Act. 23 (c) INAPPLICABILITY OF PUBLIC SERVICES CAP.— 24 The limitation under paragraph (8) of section 105(a) of 25 the Housing and Community Development Act of 1974 L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00432 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 433 1 (42 U.S.C. 5305(a)(8)) on the amount that may be used 2 for activities under such paragraph shall not apply with 3 respect to— 4 (1) amounts made available pursuant to sub- 5 section (a); and 6 (2) amounts made available in preceding appro- 7 priation Acts for fiscal years 2019 and 2020 for car- 8 rying out title I of the Housing and Community De- 9 velopment Act of 1974, to the extent such amounts 10 are used for activities described in subsection (b) of 11 this section. 12 (d) WAIVERS.— 13 (1) IN GENERAL.—The Secretary may waive, or 14 specify alternative requirements for, any provision of 15 any statute or regulation that the Secretary admin- 16 isters in connection with the use of amounts made 17 available pursuant to subsection (a)(1) and for fiscal 18 years 2019 and 2020 (except for requirements re- 19 lated to fair housing, nondiscrimination, labor stand- 20 ards, and the environment), if the Secretary finds 21 that good cause exists for the waiver or alternative 22 requirement and such waiver or alternative require- 23 ment would not be inconsistent with the overall pur- 24 pose of title I of the Housing and Community Devel- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00433 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 434 1 opment Act of 1974, including for the purposes of 2 addressing the impact of coronavirus. 3 (2) NOTICE.—The Secretary shall notify the 4 public through the Federal Register or other appro- 5 priate means 5 days before the effective date of any 6 such waiver or alternative requirement in order for 7 such waiver or alternative requirement to take effect. 8 Such public notice may be provided on the Internet 9 at the appropriate Government web site or through 10 other electronic media, as determined by the Sec- 11 retary. 12 (e) STATEMENTS OF ACTIVITIES; COMPREHENSIVE 13 HOUSING AFFORDABILITY STRATEGIES.— 14 (1) INAPPLICABILITY OF REQUIREMENTS.—Sec- 15 tion 116(b) of such Act (42 U.S.C. 5316(b); relating 16 to submission of final statements of activities not 17 later than August 16 of a given fiscal year) and any 18 implementing regulations shall not apply to final 19 statements submitted in accordance with paragraphs 20 (2) and (3) of section 104 of such Act (42 U.S.C. 21 5304(a)) and comprehensive housing affordability 22 strategies submitted in accordance with section 105 23 of the Cranston-Gonzalez National Affordable Hous- 24 ing Act (42 U.S.C. 12705) for fiscal years 2019 and 25 2020. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 435 1 (2) NEW REQUIREMENTS.—Final statements 2 and comprehensive housing affordability strategies 3 shall instead be submitted not later than August 16, 4 2021. 5 (3) AMENDMENTS.—Notwithstanding sub- 6 sections (a)(2), (a)(3), and (c) of section 104 of the 7 Housing and Community Development Act of 1974 8 (42 U.S.C. 5304) and section 105 of the Cranston- 9 Gonzalez National Affordable Housing Act (42 10 U.S.C. 12705), a grantee may not be required to 11 amend its statement of activities in order to engage 12 in activities to prevent, prepare, and respond to 13 coronavirus or the economic and housing disruption 14 caused by it, but shall make public a report within 15 180 days of the end of the crisis which fully ac- 16 counts for such activities. 17 (f) PUBLIC HEARINGS.— 18 (1) INAPPLICABILITY OF IN-PERSON HEARING 19 REQUIREMENTS.—A 20 hold in-person public hearings in connection with its 21 citizen participation plan, but shall provide citizens 22 with notice and a reasonable opportunity to com- 23 ment of not less than 15 days. 24 (2) VIRTUAL 25 grantee may not be required to PUBLIC HEARINGS.—During the period that national or local health authorities rec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00435 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 436 1 ommend social distancing and limiting public gath- 2 erings for public health reasons, a grantee may ful- 3 fill applicable public hearing requirements for all 4 grants from funds made available pursuant to sub- 5 section (a)(1) and under the heading ‘‘Department 6 of Housing and Urban Development—Community 7 Planning and Development—Community Develop- 8 ment Fund’’ in appropriation Acts for fiscal years 9 2019 and 2020 by carrying out virtual public hear- 10 ings. Any such virtual hearings shall provide reason- 11 able notification and access for citizens in accord- 12 ance with the grantee’s certifications, timely re- 13 sponses from local officials to all citizen questions 14 and issues, and public access to all questions and re- 15 sponses. 16 (g) DUPLICATION OF BENEFITS.—The Secretary 17 shall ensure there are adequate procedures in place to pre18 vent any duplication of benefits as defined by section 312 19 of the Robert T. Stafford Disaster Relief and Emergency 20 Assistance Act (42 U.S.C. 5155) and act in accordance 21 with section 1210 of the Disaster Recovery Reform Act 22 of 2018 (division D of Public Law 115–254; 132 Stat. 23 3442) and section 312 of the Robert T. Stafford Disaster 24 Relief and Emergency Assistance Act (42 U.S.C. 5155). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00436 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 437 1 SEC. 116. COVID–19 EMERGENCY HOUSING RELIEF. 2 3 (a) DEFINITION RIOD.—For OF COVID–19 EMERGENCY PE- purposes of this section, the term ‘‘COVID– 4 19 emergency period’’ means the period that begins upon 5 the date of the enactment of this Act and ends upon the 6 date of the termination by the Federal Emergency Man7 agement Agency of the emergency declared on March 13, 8 2020, by the President under the Robert T. Stafford Dis9 aster Relief and Emergency Assistance Act (42 U.S.C. 10 4121 et seq.) relating to the Coronavirus Disease 2019 11 (COVID–19) pandemic. 12 (b) SUSPENSION OF COMMUNITY SERVICE, WORK, 13 PRESENCE IN 14 TIME LIMITS ON ASSISTANCE.— MENTS AND UNIT, AND MINIMUM RENT REQUIRE- 15 (1) SUSPENSION.—Notwithstanding any other 16 provision of law, during the COVID–19 emergency 17 period, the following provisions of law and require- 18 ments shall not apply: 19 (A) Section 12(c) of the United States 20 Housing Act of 1937 (42 U.S.C. 1437j(c); re- 21 lating to community service). 22 (B) Any work requirement or time limita- 23 tion on assistance established by a public hous- 24 ing agency participating in the Moving to Work 25 demonstration program authorized under sec- 26 tion 204 of the Departments of Veterans Af- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00437 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 438 1 fairs and Housing and Urban Development and 2 Independent Agencies Appropriations Act, 1996 3 (Public Law 104–134; 110 Stat. 1321). 4 (C) Paragraph (3) of section 3(a) of the 5 United States Housing Act of 1937 (42 U.S.C. 6 1437a(a)(3); 7 amount). relating to minimum rental 8 (D) Section 982.312 of the regulations of 9 the Secretary of Housing and Urban Develop- 10 ment (24 C.F.R. 982.312); relating to absence 11 from unit). 12 (2) PROHIBITION.—No penalty may be imposed 13 nor any adverse action taken for failure on the part 14 of any tenant of public housing or a dwelling unit 15 assisted under section 8 of the United States Hous- 16 ing Act of 1937 (42 U.S.C. 1437f) to comply with 17 the laws and requirements specified in paragraph (1) 18 during the period specified in paragraph (1). 19 (c) HOUSING CHOICE VOUCHERS.— 20 (1) SECTION 8 VOUCHERS.—Notwithstanding 21 any other provision of law, the Secretary of Housing 22 and Urban Development shall provide that— 23 (A) during the COVID–19 emergency pe- 24 riod, a public housing agency may not termi- 25 nate the availability to an eligible household of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00438 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 439 1 a housing choice voucher under section 8(o) of 2 the United States Housing Act of 1937 (42 3 U.S.C. 1437f(o)) for failure to enter into a 4 lease for an assisted dwelling unit; 5 (B) in the case of any eligible household on 6 whose behalf such a housing choice voucher has 7 been made available, if as of the termination of 8 the COVID–19 emergency period such avail- 9 ability has not terminated (including by reason 10 of subparagraph (A)) and such voucher has not 11 been used to enter into a lease for an assisted 12 dwelling unit, the public housing agency making 13 such voucher available may not terminate such 14 availability until the expiration of the 60-day 15 period beginning upon the termination of the 16 COVID–19 emergency period; and 17 (C) during the COVID–19 emergency pe- 18 riod, clause (i) of section 8(o)(8)(A) of the 19 United States Housing Act of 1937 (42 U.S.C. 20 1437f(o)(8)A)(i); relating to initial inspection of 21 dwelling units) shall not apply, except that in 22 any case in which an inspection of a dwelling 23 unit for which a housing assistance payment is 24 established is not conducted before an assist- 25 ance payment is made for such dwelling unit— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 440 1 (i) such clause shall be applied by 2 substituting ‘‘the expiration of the 90-day 3 period beginning on the termination of the 4 COVID–19 emergency period (as such 5 term is defined in section 117(a) of the Fi- 6 nancial Protections and Assistance for 7 America’s Consumers, States, Businesses, 8 and Vulnerable Populations Act)’’ for ‘‘any 9 assistance payment is made’’; and 10 (ii) the public housing agency shall in- 11 form the tenant household and the owner 12 of such dwelling unit of the inspection re- 13 quirement applicable to such dwelling unit 14 pursuant to clause (i). 15 (2) RURAL HOUSING VOUCHERS.—Notwith- 16 standing any other provision of law, the Secretary of 17 Agriculture shall provide that the same restrictions 18 and requirements applicable under paragraph (1) to 19 voucher assistance under section 8(o) of the United 20 States Housing Act of 1937 shall apply with respect 21 to voucher assistance under section 542 of the Hous- 22 ing Act of 1949 (42 U.S.C. 1490r). In applying such 23 restrictions and requirements, the Secretary may 24 take into consideration and provide for any dif- 25 ferences between such programs while ensuring that L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00440 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 441 1 the program under such section 542 is carried out 2 in accordance with the purposes of such restrictions 3 and requirements. 4 (d) SUSPENSION OF INCOME REVIEWS.—During the 5 COVID–19 emergency period, the Secretary of Housing 6 and Urban Development and the Secretary of Agriculture 7 shall waive any requirements under law or regulation re8 quiring review of the income of an individual or household 9 for purposes of assistance under a housing assistance pro10 gram administered by such Secretary, except— 11 (1) in the case of review of income upon the ini- 12 tial provision of housing assistance; or 13 (2) if such review is requested by an individual 14 or household due to a loss of income. 15 (e) AUTHORITY 16 LINES.—During TO SUSPEND OR DELAY DEAD- the COVID–19 emergency period, the 17 Secretary of Housing and Urban Development and the 18 Secretary of Agriculture may suspend or delay any dead19 line relating to public housing agencies or owners of hous20 ing assisted under a program administered by such Sec21 retary, except any deadline relating to responding to exi22 gent conditions related to health and safety or emergency 23 physical conditions. 24 (f) SUSPENSION OF ASSISTED HOUSING SCORING 25 ACTIVITIES.—The Secretary of Housing and Urban De- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00441 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 442 1 velopment shall suspend scoring under the Section 8 Man2 agement Assessment Program and the Public Housing As3 sessment System during the period beginning upon the 4 date of the enactment of this Act and ending upon expira5 tion of the 90-day period that begins upon the termination 6 of the COVID–19 emergency period. 7 8 (g) REQUIREMENTS REGARDING RESIDUAL RECEIPTS AND 9 RESERVE FUNDS.— (1) SUSPENSION OF REQUIREMENT TO SUBMIT 10 RESIDUAL RECEIPTS TO HUD.—During 11 19 emergency period, any requirements for owners 12 of federally assisted multifamily housing to remit re- 13 sidual receipts to the Secretary of Housing and 14 Urban Development shall not apply. 15 (2) ELIGIBLE the COVID– USES OF RESERVE FUNDS.—Dur- 16 ing the COVID–19 emergency period, any costs of 17 an owner of federally assisted multifamily housing 18 for items, activities, and services related to respond- 19 ing to coronavirus or COVID–19 shall be considered 20 eligible uses for the reserve fund for replacements 21 for such housing. 22 SEC. 117. SUPPLEMENTAL FUNDING FOR SERVICE COORDI- 23 NATORS TO ASSIST ELDERLY HOUSEHOLDS. 24 (a) IN GENERAL.—There is authorized to be appro- 25 priated $300,000,000 for grants under section 676 of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00442 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 443 1 Housing and Community Development Act of 1992 (42 2 U.S.C. 13632) for costs of providing service coordinators 3 for purposes of coordinating services to prevent, prepare 4 for, or respond to the public health emergency relating to 5 Coronavirus Disease 2019 (COVID–19). 6 (b) HIRING.—In the hiring of staff using amounts 7 made available pursuant to this section, grantees shall 8 consider and hire, at all levels of employment and to the 9 greatest extent possible, a diverse staff, including by race, 10 ethnicity, gender, and disability status. Each grantee shall 11 submit a report to the Secretary of Housing and Urban 12 Development describing compliance with the preceding 13 sentence not later than the expiration of the 120-day pe14 riod that begins upon the termination of the emergency 15 declared on March 13, 2020, by the President under the 16 Robert T. Stafford Disaster Relief and Emergency Assist17 ance Act (42 U.S.C. 4121 et seq.) relating to the 18 Coronavirus Disease 2019 (COVID–19) pandemic. 19 (c) ONE-TIME GRANTS.—Grants made using 20 amounts made available pursuant to subsection (a) shall 21 not be renewable. 22 (d) ONE-YEAR AVAILABILITY.—Any amounts made 23 available pursuant to this section that are allocated for 24 a grantee and remaining unexpended upon the expiration L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00443 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 444 1 of the 12-month period beginning upon such allocation 2 shall be recaptured by the Secretary. 3 SEC. 118. FAIR HOUSING. 4 5 (a) DEFINITION RIOD.— OF COVID–19 EMERGENCY PE- For purposes of this section, the term ‘‘COVID– 6 19 emergency period’’ means the period that begins upon 7 the date of the enactment of this Act and ends upon the 8 date of the termination by the Federal Emergency Man9 agement Agency of the emergency declared on March 13, 10 2020, by the President under the Robert T. Stafford Dis11 aster Relief and Emergency Assistance Act (42 U.S.C. 12 4121 et seq.) relating to the Coronavirus Disease 2019 13 (COVID–19) pandemic. 14 (b) FAIR HOUSING ACTIVITIES.— 15 (1) FHIP; 16 (A) FHAP.— AUTHORIZATION OF APPROPRIA- 17 TIONS.—To 18 tions and State and local civil rights agencies 19 have sufficient resources to deal with expected 20 increases in fair housing complaints, to inves- 21 tigate housing discrimination, including finan- 22 cial scams that target protected classes associ- 23 ated with or resulting from the COVID–19 pan- 24 demic, and during such pandemic, there is au- ensure that fair housing organiza- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00444 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 445 1 thorized to be appropriated for contracts, 2 grants, and other assistance— 3 (i) $55,000,000 for the Fair Housing 4 Initiatives Program under section 561 of 5 the Housing and Community Development 6 Act of 1987 (42 U.S.C. 3616a); and 7 (ii) $35,000,000 for the Fair Housing 8 Assistance Program under the Fair Hous- 9 ing Act (42 U.S.C. 3601 et seq.). 10 Amounts made available pursuant to this sub- 11 paragraph may be used by such organizations 12 and agencies to establish the capacity to and to 13 carry out activities and services by telephone 14 and online means, including for individuals with 15 limited English proficiency and individuals with 16 a disability in accordance with requirements 17 under the Americans With Disabilities Act of 18 1990. 19 (B) PRIVATE ENFORCEMENT INITIA- 20 TIVE.—In 21 enforcement initiatives under 561(b) of the 22 Housing and Community Development Act of 23 1987 (42 U.S.C. 3616a(b)) using amounts 24 made available pursuant to subparagraph (A)(i) 25 of this subsection, the Secretary of Housing entering into contracts for private L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 446 1 and Urban Development shall give priority to 2 applications from qualified fair housing enforce- 3 ment organizations that have at least 2 years of 4 fair housing testing experience. 5 (C) 3-YEAR AVAILABILITY.—Any amounts 6 made available pursuant subparagraph (A) that 7 are allocated for a grantee and remain unex- 8 pended upon the expiration of the 3-year period 9 beginning upon such allocation shall be recap- 10 tured by the Secretary. 11 (2) OFFICE 12 PORTUNITY.—There 13 $200,000,000 for the Office of Fair Housing and 14 Equal Opportunity of the Department of Housing 15 and Urban Development for costs of fully staffing 16 such Office to ensure robust enforcement of the Fair 17 Housing Act during the COVID–19 pandemic, in- 18 cluding ensuring that— OF FAIR HOUSING AND EQUAL OP- is authorized to be appropriated 19 (A) assistance provided under this Act is 20 provided and administered in a manner that af- 21 firmatively furthers fair housing in accordance 22 with the Fair Housing Act; 23 (B) such Office has sufficient capacity for 24 intake of housing discrimination complaints by 25 telephone and online mechanisms, including for L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00446 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 447 1 individuals with limited English proficiency and 2 individuals with a disability in accordance with 3 requirements under the Americans With Dis- 4 abilities Act of 1990 and section 504 of the Re- 5 habilitation Act of 1973 (29 U.S.C. 794); and 6 (C) such Office has the capacity to respond 7 to all housing discrimination complaints made 8 during the COVID–19 pandemic within time 9 limitations required under law. 10 In the hiring of staff using amounts made available 11 pursuant to this subsection, the Secretary of Hous- 12 ing and Urban Development shall consider and hire, 13 at all levels of employment and to the greatest ex- 14 tent possible, a diverse staff, including by race, eth- 15 nicity, gender, and disability status. The Secretary 16 shall submit a report to the Congress describing 17 compliance with the preceding sentence on a quar- 18 terly basis, for each of the first 4 calendar quarters 19 ending after the date of the enactment of this Act. 20 (c) FAIR HOUSING GUIDANCE AND EDUCATION.— 21 (1) PROHIBITION OF SHOWINGS.—Not later 22 than the expiration of the 30-day period beginning 23 on the date of the enactment of this Act, the Sec- 24 retary of Housing and Urban Development shall 25 issue guidance for owners of dwelling units assisted L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00447 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 448 1 under housing assistance programs of the Depart- 2 ment prohibiting, during the COVID–19 emergency 3 period, of any showings of occupied assisted dwelling 4 units to prospective tenants. 5 (2) EDUCATION.—There is authorized to be ap- 6 propriated $10,000,000 for the Office of Fair Hous- 7 ing and Equal Opportunity of the Department of 8 Housing and Urban Development to carry out a na- 9 tional media campaign to educate the public of in- 10 creased housing rights during COVID–19 emergency 11 period, that provides that information and materials 12 used in such campaign are available— 13 (A) in the languages used by communities 14 with limited English proficiency 15 16 (B) to persons with disabilities. SEC. 119. HUD COUNSELING PROGRAM AUTHORIZATION. 17 (a) FINDINGS.—The Congress finds the following: 18 (1) The spread of COVID–19, which is now 19 considered a global pandemic, is expected to nega- 20 tively impact the incomes of potentially millions of 21 homeowners, making it difficult for them to pay 22 their mortgages on time. 23 (2) Housing counseling is critical to ensuring 24 that homeowners have the resources they need to L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00448 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 449 1 navigate the loss mitigation options available to 2 them while they are experiencing financial hardship. 3 (b) AUTHORIZATION.—There is authorized to be ap- 4 propriated the Secretary of Housing and Urban Develop5 ment $700,000,000 to carry out counseling services de6 scribed under section 106 of the Housing and Urban De7 velopment Act of 1968 (12 U.S.C. 1701x). 8 SEC. 120. DEFENSE PRODUCTION ACT OF 1950. 9 (a) INCREASE IN AUTHORIZATIONS.— 10 (1) AUTHORIZATIONS.—In addition to amounts 11 otherwise authorized to be appropriated, there is au- 12 thorized to be appropriated in the aggregate 13 $3,000,000,000 for fiscal year 2020 and 2021 to 14 carry out titles I and III of the Defense Production 15 Act of 1950 to produce medical ventilators, personal 16 protection equipment, and other critically needed 17 medical supplies and to carry out any other actions 18 necessary to respond to the COVID–19 emergency. 19 (2) CARRYOVER FUNDS.—Section 304(e) of the 20 Defense Production Act of 1950 shall not apply at 21 the close of fiscal year 2020. 22 (3) COVID–19 EMERGENCY.—In this section, 23 the term ‘‘COVID–19 emergency’’ means the emer- 24 gency declared on March 13, 2020, by the President 25 under the Robert T. Stafford Disaster Relief and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00449 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 450 1 Emergency Assistance Act (42 U.S.C. 4121 et seq.) 2 relating to the Coronavirus Disease 2019 (COVID– 3 19) pandemic. 4 (b) STRENGTHENING CONGRESSIONAL OVERSIGHT; 5 PUBLIC PORTAL.— 6 (1) IN GENERAL.—Not later than three months 7 after the date of enactment of this Act, and every 8 three months thereafter, the Secretary of Commerce, 9 in coordination with the Secretary of Health and 10 Human Services, the Secretary of Defense, and any 11 other Federal department or agency that has utilized 12 authority under title I or title III of the Defense 13 Production Act of 1950 to respond to the COVID– 14 19 emergency, shall submit a report to the Com- 15 mittee on Financial Services of the House of Rep- 16 resentatives and the Committee on Banking, Hous- 17 ing, and Urban Affairs of the Senate— 18 (A) on the use of such authority and the 19 expenditure of any funds in connection with 20 such authority; 21 (B) that includes details of each purchase 22 order made using such authorities, including 23 the product and amount of product ordered and 24 the entity that fulfilled the contract. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00450 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 451 1 (2) PUBLIC AVAILABILITY.—The Secretary of 2 Commerce shall place all reports submitted under 3 paragraph (1) on an appropriate website available to 4 the public, in an easily searchable format. 5 (3) SUNSET.—The requirements under this sec- 6 tion shall terminate after the expenditure of all 7 funds appropriated pursuant to the authorizations 8 under subsection (a). 12 TITLE II—ASSISTING SMALL BUSINESSES AND COMMUNITY FINANCIAL INSTITUTIONS 13 SEC. 201. SMALL BUSINESS CREDIT FACILITY. 9 10 11 14 (a) ESTABLISHMENT.—The Board of Governors of 15 the Federal Reserve System shall establish a credit facility 16 to provide loans to small businesses during the COVID– 17 19 emergency. 18 (b) DEFINITIONS.—In this section: 19 (1) COVID–19 EMERGENCY.—The term 20 ‘‘COVID–19 emergency’’ means the period that be- 21 gins upon the date of the enactment of this Act and 22 ends on the date of the termination by the Federal 23 Emergency Management Agency of the emergency 24 declared on March 13, 2020, by the President under 25 the Robert T. Stafford Disaster Relief and Emer- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 452 1 gency Assistance Act (42 U.S.C. 4121 et seq.) relat- 2 ing to the Coronavirus Disease 2019 (COVID–19) 3 pandemic. 4 (2) SMALL 5 BUSINESS.—The term ‘‘small busi- ness’’ means— 6 (A) a small business concern (as defined 7 under section 3 of the Small Business Act (15 8 U.S.C. 632); 9 (B) a family farm; 10 (C) an independent contractor; and 11 (D) any other class of businesses to which 12 the Board of Governors determines loans would 13 promote full employment and price stability. 14 SEC. 202. SMALL BUSINESS FINANCIAL ASSISTANCE PRO- 15 GRAM. 16 (a) IN GENERAL.—The Secretary of the Treasury 17 shall establish a Small Business Financial Assistance Pro18 gram under which the Secretary shall provide loans and 19 loan guarantees to small businesses. 20 (b) APPLICATION.—In making loans and loan guar- 21 antees under this section, the Secretary shall— 22 (1) provide a simple application process for bor- 23 rowers; and 24 (2) establish clear and easy to understand un- 25 derwriting standards for such loans. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00452 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 453 1 (c) ZERO-INTEREST LOANS.—Loans made by or 2 guaranteed by the Secretary under this section shall be 3 zero-interest loans, if the small business receiving such 4 loan does not involuntarily terminate any employee of the 5 small business during the COVID–19 emergency. 6 (d) ADVANCE.— 7 (1) IN GENERAL.—Upon request from an appli- 8 cant for a loan under this section, the Secretary may 9 provide to such applicant an advance, in cash, to 10 such applicant. 11 (2) AMOUNT.—An advance provided under 12 paragraph (1) shall be in an amount equal to the 13 revenue of the applicant for the period beginning 14 January 1, 2020 and ending January 31, 2020. 15 (3) PROCEDURES.— 16 (A) REVIEW.—The Secretary shall have 1 17 week from the receipt of a request for an ad- 18 vance under paragraph (1) to conduct a risk as- 19 sessment of the applicant to determine whether 20 to approve or deny such request. 21 (B) APPROVAL.—If the Secretary does not 22 deny a request under subparagraph (A), the ad- 23 vance shall be directly deposited into the ac- 24 count identified by the applicant. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00453 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 454 1 (C) REMAINING FUNDS.—Not later than 4 2 weeks after approving a request of an applicant 3 under subparagraph (A), the Secretary shall 4 disburse the remaining funds to such applicant. 5 (e) FORGIVENESS.—If small business that receives a 6 loan or loan guarantee under this section demonstrates to 7 the Secretary that the number of full-time employees of 8 such small business on the date such small business sub9 mitted an application under this section is greater than 10 or equal to the number of full-time employees of such 11 small business on the date that is 1 year after the date 12 of such submission, the Secretary shall forgive the remain13 ing outstanding principal and interest on such loan or loan 14 guarantee. 15 (f) FUNDING.—The Secretary shall use 16 $50,000,000,000 from the Exchange Stabilization Fund, 17 without further appropriation, to carry out this section. 18 (g) DEFINITIONS.—In this section: 19 (1) 20 COVID–19 EMERGENCY.—The term ‘‘COVID–19 emergency’’ means the period that— 21 (A) begins on the declaration of the emer- 22 gency declared on March 13, 2020, by the 23 President under the Robert T. Stafford Dis- 24 aster Relief and Emergency Assistance Act (42 25 U.S.C. 4121 et seq.) relating to the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00454 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 455 1 Coronavirus Disease 2019 (COVID–19) pan- 2 demic; and 3 (B) ends on the termination by the Federal 4 Emergency Management Agency of such emer- 5 gency. 6 (2) SMALL 7 BUSINESS.—The term ‘‘small busi- ness’’ means— 8 (A) a small business concern (as defined 9 under section 3 of the Small Business Act (15 10 U.S.C. 632); 11 (B) a family farm; and 12 (C) an independent contractor. 13 SEC. 203. SUSPENSION OF SMALL BUSINESS AND NON- 14 PROFIT LOAN PAYMENTS. 15 (a) IN GENERAL.— 16 (1) IN GENERAL.—During the COVID–19 17 emergency, a debt collector may not, with respect to 18 a debt of a small business or non-profit (other than 19 debt related to a federally related mortgage loan)— 20 (A) capitalize unpaid interest; 21 (B) apply a higher interest rate triggered 22 by the nonpayment of a debt to the debt bal- 23 ance; 24 (C) charge a fee triggered by the non- 25 payment of a debt; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00455 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 456 1 (D) sue or threaten to sue for nonpayment 2 of a debt; 3 (E) continue litigation to collect a debt 4 that was initiated before the date of enactment 5 of this section; 6 (F) submit or cause to be submitted a con- 7 fession of judgment to any court; 8 (G) enforce a security interest through re- 9 possession, limitation of use, or foreclosure; 10 (H) take or threaten to take any action to 11 enforce collection, or any adverse action for 12 nonpayment of a debt, or for nonappearance at 13 any hearing relating to a debt; 14 (I) commence or continue any action to 15 cause or to seek to cause the collection of a 16 debt, including pursuant to a court order issued 17 before the end of the 120-day period following 18 the end of the COVID–19 emergency, from 19 wages, Federal benefits, or other amounts due 20 to a small business or non-profit by way of gar- 21 nishment, deduction, offset, or other seizure; 22 (J) cause or seek to cause the collection of 23 a debt, including pursuant to a court order 24 issued before the end of the 120-day period fol- 25 lowing the end of the COVID–19 emergency, by L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00456 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 457 1 levying on funds from a bank account or seizing 2 any other assets of a small business or non- 3 profit; 4 (K) commence or continue an action to 5 evict a small business or non-profit from real or 6 personal property; or 7 (L) disconnect or terminate service from 8 utility service, including electricity, natural gas, 9 telecommunications or broadband, water, or 10 sewer. 11 (2) RULE OF CONSTRUCTION.—Nothing in this 12 subsection may be construed to prohibit a small 13 business or non-profit from voluntarily paying, in 14 whole or in part, a debt. 15 (3) REPAYMENT PERIOD.—After the expiration 16 of the COVID–19 emergency, with respect to a debt 17 described under paragraph (1), a debt collector— 18 (A) may not add to the debt balance any 19 interest or fee prohibited by paragraph (1); 20 (B) shall, for credit with a defined term or 21 payment period, extend the time period to repay 22 the debt balance by 1 payment period for each 23 payment that a small business or non-profit 24 missed during the COVID–19 emergency, with 25 the payments due in the same amounts and at L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00457 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 458 1 the same intervals as the pre-existing payment 2 schedule; 3 (C) shall, for an open end credit plan (as 4 defined under section 103 of the Truth in 5 Lending Act) or other credit without a defined 6 term, allow the small business or non-profit to 7 repay the debt balance in a manner that does 8 not exceed the amounts permitted by formulas 9 under section 170(c) of the Truth in Lending 10 Act and regulations promulgated thereunder; 11 and 12 (D) shall, when the small business or non- 13 profit notifies the debt collector, offer reason- 14 able and affordable repayment plans, loan 15 modifications, refinancing, options with a rea- 16 sonable time in which to repay the debt. 17 (4) COMMUNICATIONS 18 THE COLLECTION OF A DEBT.— 19 (A) IN IN CONNECTION WITH GENERAL.—During the COVID–19 20 emergency, without prior consent of a small 21 business or non-profit given directly to a debt 22 collector during the COVID–19 emergency, or 23 the express permission of a court of competent 24 jurisdiction, a debt collector may only commu- 25 nicate in writing in connection with the collec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00458 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 459 1 tion of any debt (other than debt related to a 2 federally related mortgage loan). 3 (B) REQUIRED 4 (i) IN DISCLOSURES.— GENERAL.—All written commu- 5 nications described under subparagraph 6 (A) shall inform the small business or non- 7 profit that the communication is for infor- 8 mational purposes and is not an attempt to 9 collect a debt. 10 (ii) REQUIREMENTS.—The disclosure 11 required under clause (i) shall be made— 12 (I) in type or lettering not small- 13 er than 14–point bold type; 14 (II) separate from any other dis- 15 closure; 16 (III) in a manner designed to en- 17 sure that the recipient sees the disclo- 18 sure clearly; 19 (IV) in English and Spanish and 20 in any additional languages in which 21 the debt collector communicates, in- 22 cluding the language in which the 23 loan was negotiated, to the extent 24 known by the debt collector; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00459 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 460 1 (V) may be provided by first- 2 class mail or electronically, if the bor- 3 rower has otherwise consented to elec- 4 tronic communication with the debt 5 collector and has not revoked such 6 consent. 7 (iii) ORAL NOTIFICATION.—Any oral 8 notification shall be provided in the lan- 9 guage the debt collector otherwise uses to 10 communicate with the borrower. 11 (iv) WRITTEN TRANSLATIONS.—In 12 providing written notifications in languages 13 other than English in this Section, a debt 14 collector may rely on written translations 15 developed by the Bureau of Consumer Fi- 16 nancial Protection. 17 (5) VIOLATIONS.— 18 (A) IN 19 GENERAL.—Any person who vio- lates this section shall— 20 (i) except as provided under clause 21 (ii), be subject to civil liability in accord- 22 ance with section 813 of the Fair Debt 23 Collection Practices Act, as if the person is 24 a debt collector for purposes of that sec- 25 tion; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 461 1 (ii) be liable to the small business or 2 non-profit for an amount 10 times the 3 amounts described in such section 813, for 4 each violation. 5 (B) PREDISPUTE ARBITRATION AGREE- 6 MENTS.—Notwithstanding 7 of law, no predispute arbitration agreement or 8 predispute joint-action waiver shall be valid or 9 enforceable with respect to a dispute brought 10 under this section, including a dispute as to the 11 applicability of this section, which shall be de- 12 termined under Federal law. 13 (6) TOLLING.—Except as provided in para- 14 graph (7)(D), any applicable time limitations, in- 15 cluding statutes of limitations, related to a debt 16 under Federal or State law shall be tolled during the 17 COVID–19 emergency. 18 (7) CLAIMS 19 DEBT COLLECTORS.— 20 OF any other provision AFFECTED (A) VALUATION CREDITORS AND OF PROPERTY.—With re- 21 spect to any action asserting a taking under the 22 Fifth Amendment of the Constitution of the 23 United States as a result of this section or 24 seeking a declaratory judgment regarding the 25 constitutionality of this section, the value of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00461 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 462 1 property alleged to have been taken without 2 just compensation shall be evaluated— 3 (i) with consideration of the likelihood 4 of full and timely payment of the obliga- 5 tion without the actions taken pursuant to 6 this section; and 7 (ii) without consideration of any as- 8 sistance provided directly or indirectly to 9 the small business or non-profit from other 10 Federal, State, and local government pro- 11 grams instituted or legislation enacted in 12 response to the COVID–19 emergency. 13 (B) SCOPE OF JUST COMPENSATION.—In 14 an action described in subparagraph (A), any 15 assistance or benefit provided directly or indi- 16 rectly to the person from other Federal, State, 17 and local government programs instituted in or 18 legislation enacted response to the COVID–19 19 emergency, shall be deemed to be compensation 20 for the property taken, even if such assistance 21 or benefit is not specifically provided as com- 22 pensation for property taken by this section. 23 (C) APPEALS.—Any appeal from an action 24 under this section shall be treated under section 25 158 of title 28, United States Code, as if it L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00462 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 463 1 were an appeal in a case under title 11, United 2 States Code. 3 (D) REPOSE.—Any action asserting a tak- 4 ing under the Fifth Amendment to the Con- 5 stitution of the United States as a result of this 6 section shall be brought within not later than 7 180 days after the end of the COVID–19 emer- 8 gency. 9 (8) DEFINITIONS.—In this section: 10 (A) COVID–19 EMERGENCY.—The term 11 ‘‘COVID–19 emergency’’ means the period that 12 begins upon the date of the enactment of this 13 Act and ends on the date of the termination by 14 the Federal Emergency Management Agency of 15 the emergency declared on March 13, 2020, by 16 the President under the Robert T. Stafford Dis- 17 aster Relief and Emergency Assistance Act (42 18 U.S.C. 19 Coronavirus Disease 2019 (COVID–19) pan- 20 demic. 21 (B) 22 means— 4121 et seq.) CREDITOR.—The relating term to the ‘‘creditor’’ 23 (i) any person who offers or extends 24 credit creating a debt or to whom a debt 25 is owed or other obligation for payment; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 464 1 (ii) any lessor of real or personal 2 property; or 3 (iii) any provider of utility services. 4 (C) DEBT.—The term ‘‘debt’’— 5 (i) means any obligation or alleged ob- 6 ligation— 7 (I) for which the original agree- 8 ment, or if there is no agreement, the 9 original obligation to pay was created 10 before 11 whether or not such obligation has 12 been reduced to judgment; and the COVID–19 emergency, 13 (II) that arises out of a trans- 14 action with a small business or non- 15 profit; and 16 (ii) does not include a federally re- 17 lated mortgage loan. 18 (D) DEBT COLLECTOR.—The term ‘‘debt 19 collector’’ means a creditor, and any person or 20 entity that engages in the collection of debt, in- 21 cluding the Federal Government and a State 22 government, irrespective of whether the debt is 23 allegedly owed to or assigned to that person or 24 to the entity. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00464 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 465 1 (E) 2 LOAN.—The 3 loan’’ has the meaning given that term under 4 section 3 of the Real Estate Settlement Proce- 5 dures Act of 1974 (12 U.S.C. 2602). FEDERALLY RELATED MORTGAGE term ‘‘federally related mortgage 6 (F) NON-PROFIT.—The term ‘‘non-profit’’ 7 means an organization described in section 8 501(c)(3) of the Internal Revenue Code of 1986 9 and exempt from taxation under section 501(a) 10 of such Code. 11 (G) SMALL BUSINESS.—The term ‘‘small 12 business’’ has the meaning given the term 13 ‘‘small business concern’’ under section 3 of the 14 Small Business Act. 15 (b) CREDIT FACILITY FOR OTHER PURPOSES.—The 16 Board of Governors of the Federal Reserve System shall 17 establish a facility that the Board of Governors shall use 18 to make payments to holders of loans to compensate such 19 holders for documented financial losses— 20 (1) with respect to a loan made to an indi- 21 vidual, small business, or non-profit; and 22 (2) where such losses were caused by a suspen- 23 sion of payments required under Federal law in con- 24 nection with the COVID–19 emergency. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00465 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 466 1 SEC. 204. REAUTHORIZATION OF THE STATE SMALL BUSI- 2 NESS CREDIT INITIATIVE ACT OF 2010. 3 The State Small Business Credit Initiative Act of 4 2010 (15 U.S.C. 5701 et seq.) is amended— 5 (1) by striking ‘‘2009 allocation’’ each place 6 such term appears and inserting ‘‘2019 allocation’’; 7 (2) by striking ‘‘2010 allocation’’ each place 8 such term appears and inserting ‘‘2020 allocation’’; 9 (3) by striking ‘‘date of enactment of this Act’’ 10 each place it appears and inserting ‘‘date of the en- 11 actment of the Small Business Support and Access 12 to Capital Act of 2020’’; 13 (4) by striking ‘‘date of the enactment of this 14 Act’’ each place it appears and inserting ‘‘date of 15 the enactment of the Small Business Support and 16 Access to Capital Act of 2020’’; 17 (5) in section 3003(b)(2)— 18 (A) in the section heading, by striking 19 ‘‘2009 20 striking ‘‘2019 ALLOCATION FORMULA’’ and inserting ALLOCATION FORMULA’’; 21 (B) by striking ‘‘2008 State employment 22 decline’’ each place such term appears and in- 23 serting ‘‘2018 State employment decline’’; 24 (C) in subparagraph (A), by striking 25 ‘‘2009 allocation’’ and inserting ‘‘2019 alloca- 26 tion’’; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 467 1 (D) in subparagraph (C)— 2 (i) in the subparagraph heading, by 3 striking ‘‘2008 4 CLINE 5 STATE EMPLOYMENT DECLINE DEFINED’’; 6 STATE EMPLOYMENT DE- DEFINED’’ and inserting ‘‘2018 (ii) in clause (i), by striking ‘‘Decem- 7 ber 8 2017’’; and 9 2007’’ and inserting ‘‘December (iii) in clause (ii), by striking ‘‘Decem- 10 ber 11 2018’’; 12 2008’’ and inserting ‘‘December (6) in section 3003(b)(3)— 13 (A) in the section heading, by striking 14 ‘‘2010 15 striking ‘‘2020 ALLOCATION FORMULA’’ and inserting ALLOCATION FORMULA’’; 16 (B) by striking ‘‘2009 unemployment num- 17 ber’’ each place such term appears and insert- 18 ing ‘‘2019 unemployment number’’; and 19 (C) in subparagraph (C)— 20 (i) in the subparagraph heading, by 21 striking ‘‘2009 22 DEFINED’’ 23 MENT NUMBER DEFINED’’; 24 UNEMPLOYMENT NUMBER and inserting ‘‘2019 UNEMPLOY- and (ii) by striking ‘‘December 2009’’ and 25 inserting ‘‘December 2019’’; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 468 1 (7) in section 3005(e), by striking ‘‘to the Sec- 2 retary a report’’ and inserting ‘‘to the Secretary and 3 Congress a report’’; 4 (8) in section 3007— 5 (A) in subsection (a)(1), by striking ‘‘ to 6 the Secretary a report’’ and inserting ‘‘to the 7 Secretary and Congress a report’’; and 8 (B) in subsection (b)— 9 (i) by striking ‘‘March 31, 2011’’ and 10 inserting ‘‘March 31, 2021’’; and 11 (ii) by striking ‘‘to the Secretary’’ and 12 inserting ‘‘to the Secretary and Congress’’; 13 and 14 (9) in section 3009— 15 (A) in subsection 16 ‘‘$1,500,000,000’’ 17 ‘‘$10,000,000,000’’; (b), and by striking inserting 18 (B) in subsection (c), by adding at the end 19 the following new sentence: ‘‘At the end of such 20 period, any amounts that remain unexpended or 21 unobligated shall be transferred to the Commu- 22 nity Development Financial Institutions Fund 23 established under section 104(a) of the Riegle 24 Community Development and Regulatory Im- 25 provement Act of 1994.’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 469 1 SEC. 205. FUNDING OF THE INITIATIVE TO BUILD GROWTH 2 EQUITY FUNDS FOR MINORITY BUSINESSES. 3 (a) GRANT.—The Minority Business Development 4 Agency shall provide a grant of $3,000,0000,000 to fully 5 implement the Initiative to Build Growth Equity Funds 6 for Minority Businesses (the ‘‘Initiative’’; award number 7 MB19OBD8020113), including to use such amounts as 8 capital for the Equity Funds. 9 (b) ADMINISTRATIVE EXPENSES.—Of the amounts 10 provided under subsection (a), the grant recipient may use 11 not more than 2.25 percent of such amount for adminis12 trative expenses, of which— 13 (1) not more than 1.5 percent per annum may 14 be used for fees to be paid to investment managers 15 for 16 sourcing, due diligence, investment monitoring, and 17 investment reporting; and fund investment activities, including deal 18 (2) not more than 0.75 percent per annum may 19 be used for fund administration activities by the 20 grant recipient, including fund manager evaluation, 21 selection, monitoring, and overall fund program 22 management. 23 (c) TREATMENT OF INTEREST.—Notwithstanding 24 any other provision of law, with the approval of the Minor25 ity Business Development Agency, grant funds made 26 available under subsection (a) may be deposited in interL:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00469 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 470 1 est-bearing accounts pending disbursement, and any inter2 est which accrues may be retained without returning such 3 interest to the Treasury of the United States and interest 4 earned may be obligated and expended for the purposes 5 for which the grant was made available without further 6 appropriation. 7 (d) REPORTING AND AUDIT REQUIREMENTS.— 8 (1) REPORTING BY RECIPIENT.—The grant re- 9 cipient under this section shall issue a report to the 10 Minority Business Development Agency every 6 11 months detailing the use of grant funds received 12 under this section and any other information that 13 the Minority Business Development Agency may re- 14 quire. 15 (2) ANNUAL REPORT TO CONGRESS.—The Mi- 16 nority Business Development Agency shall issue an 17 annual report to the Congress containing the infor- 18 mation received under paragraph (1) and an anal- 19 ysis of the implementation of the Initiative. 20 (3) GAO AUDIT.—The Comptroller General of 21 the United States shall, every 2 years, carry out an 22 audit of the Initiative and issue a report to the Con- 23 gress and the Minority Business Development Agen- 24 cy containing the results of such audit. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00470 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 471 1 (4) FUND MANAGERS.—Fund managers shall 2 annually report on their fund management activities, 3 including— 4 (A) fund performance; 5 (B) impacts of capital investments by in- 6 dustry and geography; 7 (C) racial, ethnic, and gender demo- 8 graphics of minority businesses receiving capital 9 from the Initiative; and 10 (D) any other ancillary and economic bene- 11 fits of capital investments from the Initiative. 12 (e) FUNDING.—There is authorized to be appro- 13 priated to the Minority Business Development Agency 14 $3,000,000,000 to make the grant described under sub15 section (a). 16 SEC. 206. COMMUNITY DEVELOPMENT FINANCIAL INSTITU- 17 TIONS FUND SUPPLEMENTAL APPROPRIA- 18 TION AUTHORIZATION. 19 There is authorized to be appropriated 20 $1,000,000,000 for fiscal year 2020, for providing finan21 cial assistance and technical assistance under subpara22 graphs (A) and (B) of section 108(a)(1) of the Community 23 Development Banking and Financial Institutions Act of 24 1994 (12 U.S.C. 4707(a)(1)), except that subsections (d) L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00471 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 472 1 and (e) of such section 108 shall not apply to the provision 2 of such assistance. 3 SEC. 207. MINORITY DEPOSITORY INSTITUTION. 4 5 (a) SENSE LOSS OF CONGRESS RESERVE FUND FOR ON FUNDING THE LOAN- SMALL DOLLAR LOANS.—The 6 sense of Congress is the following: 7 (1) The Community Development Financial In- 8 stitutions Fund (the ‘‘CDFI Fund’’) is an agency of 9 the Department of the Treasury, and was estab- 10 lished by the Riegle Community Development and 11 Regulatory Improvement Act of 1994. The mission 12 of the CDFI Fund is ‘‘to expand economic oppor- 13 tunity for underserved people and communities by 14 supporting the growth and capacity of a national 15 network of community development lenders, inves- 16 tors, and financial service providers’’. A community 17 development financial institution (a ‘‘CDFI’’) is a 18 specialized financial institution serving low-income 19 communities and a Community Development Entity 20 (a ‘‘CDE’’) is a domestic corporation or partnership 21 that is an intermediary vehicle for the provision of 22 loans, investments, or financial counseling in low-in- 23 come communities. The CDFI Fund certifies CDFIs 24 and CDEs. Becoming a certified CDFI or CDE al- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00472 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 473 1 lows organizations to participate in various CDFI 2 Fund programs as follows: 3 (A) The Bank Enterprise Award Program, 4 which provides FDIC-insured depository institu- 5 tions awards for a demonstrated increase in 6 lending and investments in distressed commu- 7 nities and CDFIs. 8 (B) The CDFI Program, which provides 9 Financial and Technical Assistance awards to 10 CDFIs to reinvest in the CDFI, and to build 11 the capacity of the CDFI, including financing 12 product development and loan loss reserves. 13 (C) The Native American CDFI Assistance 14 Program, which provides CDFIs and spon- 15 soring entities Financial and Technical Assist- 16 ance awards to increase lending and grow the 17 number of CDFIs owned by Native Americans 18 to help build capacity of such CDFIs. 19 (D) The New Market Tax Credit Program, 20 which provides tax credits for making equity in- 21 vestments in CDEs that stimulate capital in- 22 vestments in low-income communities. 23 (E) The Capital Magnet Fund, which pro- 24 vides awards to CDFIs and nonprofit affordable 25 housing organizations to finance affordable L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 474 1 housing solutions and related economic develop- 2 ment activities. 3 (F) The Bond Guarantee Program, a 4 source of long-term, patient capital for CDFIs 5 to expand lending and investment capacity for 6 community and economic development purposes. 7 (2) The Department of the Treasury is author- 8 ized to create multi-year grant programs designed to 9 encourage low-to-moderate income individuals to es- 10 tablish accounts at federally insured banks, and to 11 improve low-to-moderate income individuals’ access 12 to such accounts on reasonable terms. 13 (3) Under this authority, grants to participants 14 in CDFI Fund programs may be used for loan-loss 15 reserves and to establish small-dollar loan programs 16 by subsidizing related losses. These grants also allow 17 for the providing recipients with the financial coun- 18 seling and education necessary to conduct trans- 19 actions and manage their accounts. These loans pro- 20 vide low-cost alternatives to payday loans and other 21 nontraditional forms of financing that often impose 22 excessive interest rates and fees on borrowers, and 23 lead millions of Americans to fall into debt traps. 24 Small-dollar loans can only be made pursuant to L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00474 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 475 1 terms, conditions, and practices that are reasonable 2 for the individual consumer obtaining the loan. 3 (4) Program participation is restricted to eligi- 4 ble institutions, which are limited to organizations 5 listed in section 501(c)(3) of the Internal Revenue 6 Code and exempt from tax under 501(a) of such 7 Code, federally insured depository institutions, com- 8 munity development financial institutions and State, 9 local, or Tribal government entities. 10 (5) Since its founding, the CDFI Fund has 11 awarded over $3,300,000,000 to CDFIs and CDEs, 12 allocated $54,000,000,000 in tax credits, and 13 $1,510,000,000 in bond guarantees. According to 14 the CDFI Fund, some programs attract as much as 15 $10 in private capital for every $1 invested by the 16 CDFI Fund. The Administration and the Congress 17 should prioritize appropriation of funds for the loan 18 loss reserve fund and technical assistance programs 19 administered by the Community Development Finan- 20 cial Institution Fund, as included in the version of 21 the ‘‘Financial Services and General Government 22 Appropriations Act, 2020’’ (H.R. 3351) that passed 23 the House of Representatives on June, 26, 2019. 24 (b) DEFINITIONS.—In this section: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 476 1 (1) COMMUNITY DEVELOPMENT FINANCIAL IN- 2 STITUTION.—The 3 nancial institution’’ has the meaning given under 4 section 103 of the Riegle Community Development 5 and Regulatory Improvement Act of 1994 (12 6 U.S.C. 4702). 7 term ‘‘community development fi- (2) MINORITY DEPOSITORY INSTITUTION.—The 8 term ‘‘minority depository institution’’ has the 9 meaning given under section 308 of the Financial 10 Institutions Reform, Recovery, and Enforcement Act 11 of 1989 (12 U.S.C. 1463 note), as amended by this 12 Act. 13 (c) INCLUSION 14 TION OF OF WOMEN’S BANKS IN THE DEFINI- MINORITY DEPOSITORY INSTITUTION.—Section 15 308(b)(1) of the Financial Institutions Reform, Recovery, 16 and Enforcement Act of 1989 (12 U.S.C. 1463 note) is 17 amended— 18 (1) by redesignating subparagraphs (A), (B), 19 and (C) as clauses (i), (ii), and (iii), respectively; 20 (2) by striking ‘‘means any’’ and inserting the 21 following: ‘‘means— 22 ‘‘(A) any’’; and 23 (3) in clause (iii) (as so redesignated), by strik- 24 ing the period at the end and inserting ‘‘; or’’; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00476 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 477 1 (4) by inserting at the end the following new 2 subparagraph: 3 ‘‘(B) any bank described in clause (i), (ii), 4 or (iii) of section 19(b)(1)(A) of the Federal 5 Reserve Act— 6 ‘‘(i) more than 50 percent of the out- 7 standing shares of which are held by 1 or 8 more women; and 9 ‘‘(ii) the majority of the directors on 10 the board of directors of which are 11 women.’’. 12 13 (d) ESTABLISHMENT OF IMPACT BANK DESIGNA- TION.— 14 (1) IN GENERAL.—Each appropriate Federal 15 banking agency shall establish a program under 16 which a depository institution with total consolidated 17 assets of less than $10,000,000,000 may elect to be 18 designated as an impact bank if 50 percent or more 19 of the loans extended by such covered bank are ex- 20 tended to low-income borrowers. 21 (2) DESIGNATION.—Based on data obtained 22 through examinations, an appropriate Federal bank- 23 ing agency shall submit a notification to a depository 24 institution stating that the depository institution 25 qualifies for designation as an impact bank. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00477 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 478 1 (3) APPLICATION.—A depository institution 2 that does not receive a notification described in 3 paragraph (2) may submit an application to the ap- 4 propriate Federal banking agency demonstrating 5 that the depository institution qualifies for designa- 6 tion as an impact bank. 7 (4) ADDITIONAL DATA OR OVERSIGHT.—A de- 8 pository institution is not required to submit addi- 9 tional data to an appropriate Federal banking agen- 10 cy or be subject to additional oversight from such an 11 agency if such data or oversight is related specifi- 12 cally and solely for consideration for a designation 13 as an impact bank. 14 (5) REMOVAL OF DESIGNATION.—If an appro- 15 priate Federal banking agency determines that a de- 16 pository institution designated as an impact bank no 17 longer meets the criteria for such designation, the 18 appropriate Federal banking agency shall rescind 19 the designation and notify the depository institution 20 of such rescission. 21 (6) RECONSIDERATION 22 PEALS.—A OF DESIGNATION; AP- depository institution may— 23 (A) submit to the appropriate Federal 24 banking agency a request to reconsider a deter- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00478 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 479 1 mination that such depository institution no 2 longer meets the criteria for the designation; or 3 (B) file an appeal in accordance with pro- 4 cedures established by the appropriate Federal 5 banking agency. 6 (7) RULEMAKING.—Not later than 1 year after 7 the date of the enactment of this Act, the appro- 8 priate Federal banking agencies shall jointly issue 9 rules to carry out the requirements of this sub- 10 section, including by providing a definition of a low- 11 income borrower. 12 (8) FEDERAL DEPOSIT INSURANCE ACT DEFINI- 13 TIONS.—In 14 institution’’ and ‘‘appropriate Federal banking agen- 15 cy’’ have the meanings given such terms, respec- 16 tively, in section 3 of the Federal Deposit Insurance 17 Act (12 U.S.C. 1813). 18 (e) MINORITY DEPOSITORY INSTITUTIONS ADVISORY this subsection, the terms ‘‘depository 19 COMMITTEES.— 20 (1) ESTABLISHMENT.—Each covered regulator 21 shall establish an advisory committee to be called the 22 ‘‘Minority Depository Institutions Advisory Com- 23 mittee’’. 24 (2) DUTIES.—Each Minority Depository Insti- 25 tutions Advisory Committee shall provide advice to L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00479 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 480 1 the respective covered regulator on meeting the goals 2 established by section 308 of the Financial Institu- 3 tions Reform, Recovery, and Enforcement Act of 4 1989 (12 U.S.C. 1463 note) to preserve the present 5 number of covered minority institutions, preserve the 6 minority character of minority-owned institutions in 7 cases involving mergers or acquisitions, provide tech- 8 nical assistance, and encourage the creation of new 9 covered minority institutions. The scope of the work 10 of each such Minority Depository Institutions Advi- 11 sory Committee shall include an assessment of the 12 current condition of covered minority institutions, 13 what regulatory changes or other steps the respec- 14 tive agencies may be able to take to fulfill the re- 15 quirements of such section 308, and other issues of 16 concern to minority depository institutions. 17 (3) MEMBERSHIP.— 18 (A) IN GENERAL.—Each Minority Deposi- 19 tory Institutions Advisory Committee shall con- 20 sist of no more than 10 members, who— 21 (i) shall serve for one two-year term; 22 (ii) shall serve as a representative of 23 a depository institution or an insured cred- 24 it union with respect to which the respec- 25 tive covered regulator is the covered regu- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 481 1 lator of such depository institution or in- 2 sured credit union; and 3 (iii) shall not receive pay by reason of 4 their service on the advisory committee, 5 but may receive travel or transportation 6 expenses in accordance with section 5703 7 of title 5, United States Code. 8 (B) DIVERSITY.—To the extent prac- 9 ticable, each covered regulator shall ensure that 10 the members of Minority Depository Institu- 11 tions Advisory Committee of such agency reflect 12 the diversity of depository institutions. 13 (4) MEETINGS.— 14 (A) IN GENERAL.—Each Minority Deposi- 15 tory Institutions Advisory Committee shall meet 16 not less frequently than twice each year. 17 (B) INVITATIONS.—Each Minority Deposi- 18 tory Institutions Advisory Committee shall in- 19 vite the attendance at each meeting of the Mi- 20 nority Depository Institutions Advisory Com- 21 mittee of— 22 (i) one member of the majority party 23 and one member of the minority party of 24 the Committee on Financial Services of the 25 House of Representatives and the Com- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00481 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 482 1 mittee on Banking, Housing, and Urban 2 Affairs of the Senate; and 3 (ii) one member of the majority party 4 and one member of the minority party of 5 any relevant subcommittees of such com- 6 mittees. 7 (5) NO TERMINATION OF ADVISORY COMMIT- 8 TEES.—The termination requirements under section 9 14 of the Federal Advisory Committee Act (5 U.S.C. 10 app.) shall not apply to a Minority Depository Insti- 11 tutions Advisory Committee established pursuant to 12 this subsection. 13 (6) DEFINITIONS.—In this subsection: 14 (A) COVERED REGULATOR.—The term 15 ‘‘covered regulator’’ means the Comptroller of 16 the Currency, the Board of Governors of the 17 Federal Reserve System, the Federal Deposit 18 Insurance Corporation, and the National Credit 19 Union Administration. 20 (B) COVERED MINORITY INSTITUTION.— 21 The term ‘‘covered minority institution’’ means 22 a minority depository institution (as defined in 23 section 308(b) of the Financial Institutions Re- 24 form, Recovery, and Enforcement Act of 1989 25 (12 U.S.C. 1463 note)) or a minority credit L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00482 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 483 1 union (as defined in section 1204(c) of the Fi- 2 nancial Institutions Reform, Recovery, and En- 3 forcement Act of 1989, as amended by this 4 Act). 5 (C) DEPOSITORY INSTITUTION.—The term 6 ‘‘depository institution’’ has the meaning given 7 under section 3 of the Federal Deposit Insur- 8 ance Act (12 U.S.C. 1813). 9 (D) INSURED CREDIT UNION.—The term 10 ‘‘insured credit union’’ has the meaning given 11 in section 101 of the Federal Credit Union Act 12 (12 U.S.C. 1752). 13 (7) TECHNICAL AMENDMENT.—Section 308(b) 14 of the Financial Institutions Reform, Recovery, and 15 Enforcement Act of 1989 (12 U.S.C. 1463 note) is 16 amended by adding at the end the following new 17 paragraph: 18 ‘‘(3) DEPOSITORY INSTITUTION.—The term ‘de- 19 pository institution’ means an ‘insured depository in- 20 stitution’ (as defined in section 3 of the Federal De- 21 posit Insurance Act (12 U.S.C. 1813)) and an in- 22 sured credit union (as defined in section 101 of the 23 Federal Credit Union Act (12 U.S.C. 1752)).’’. 24 (f) FEDERAL DEPOSITS IN MINORITY DEPOSITORY 25 INSTITUTIONS.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00483 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 484 1 (1) IN GENERAL.—Section 308 of the Financial 2 Institutions Reform, Recovery, and Enforcement Act 3 of 1989 (12 U.S.C. 1463 note) is amended— 4 (A) by adding at the end the following new 5 subsection: 6 ‘‘(d) FEDERAL DEPOSITS.—The Secretary of the 7 Treasury shall ensure that deposits made by Federal agen8 cies in minority depository institutions and impact banks 9 are fully collateralized or fully insured, as determined by 10 the Secretary. Such deposits shall include reciprocal de11 posits as defined in section 337.6(e)(2)(v) of title 12, Code 12 of Federal Regulations (as in effect on March 6, 2019).’’; 13 and 14 (B) in subsection (b), as amended by sec- 15 tion 6(g), by adding at the end the following 16 new paragraph: 17 ‘‘(4) IMPACT BANK.—The term ‘impact bank’ 18 means a depository institution designated by an ap- 19 propriate Federal banking agency pursuant to sec- 20 tion 5 of the Ensuring Diversity in Community 21 Banking Act of 2020.’’. 22 (2) TECHNICAL AMENDMENTS.—Section 308 of 23 the Financial Institutions Reform, Recovery, and 24 Enforcement Act of 1989 (12 U.S.C. 1463 note) is 25 amended— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00484 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 485 1 (A) in the matter preceding paragraph (1), 2 by striking ‘‘section—’’ and inserting ‘‘sec- 3 tion:’’; and 4 (B) in the paragraph heading for para- 5 graph (1), by striking ‘‘FINANCIAL’’ and insert- 6 ing ‘‘DEPOSITORY’’. 7 (g) MINORITY BANK DEPOSIT PROGRAM.— 8 (1) IN GENERAL.—Section 1204 of the Finan- 9 cial Institutions Reform, Recovery, and Enforcement 10 Act of 1989 (12 U.S.C. 1811 note) is amended to 11 read as follows: 12 ‘‘SEC. 1204. EXPANSION OF USE OF MINORITY BANKS AND 13 MINORITY CREDIT UNIONS. 14 ‘‘(a) MINORITY BANK DEPOSIT PROGRAM.— 15 ‘‘(1) ESTABLISHMENT.—There is established a 16 program to be known as the ‘Minority Bank Deposit 17 Program’ to expand the use of minority banks and 18 minority credit unions. 19 ‘‘(2) ADMINISTRATION.—The Secretary of the 20 Treasury, acting through the Fiscal Service, shall— 21 ‘‘(A) on application by a depository institu- 22 tion or credit union, certify whether such depos- 23 itory institution or credit union is a minority 24 bank or minority credit union; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00485 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 486 1 ‘‘(B) maintain and publish a list of all de- 2 pository institutions and credit unions that have 3 been certified pursuant to subparagraph (A); 4 and 5 ‘‘(C) periodically distribute the list de- 6 scribed in subparagraph (B) to— 7 ‘‘(i) all Federal departments and 8 agencies; 9 ‘‘(ii) interested State and local govern- 10 ments; and 11 ‘‘(iii) interested private sector compa- 12 nies. 13 ‘‘(3) INCLUSION OF CERTAIN ENTITIES ON 14 LIST.—A 15 on the date of the enactment of this section, has a 16 current certification from the Secretary of the 17 Treasury stating that such depository institution or 18 credit union is a minority bank or minority credit 19 union shall be included on the list described under 20 paragraph (2)(B). 21 ‘‘(b) EXPANDED USE AMONG FEDERAL DEPART- 22 MENTS AND 23 depository institution or credit union that, AGENCIES.— ‘‘(1) IN GENERAL.—Not later than 1 year after 24 the establishment of the program described in sub- 25 section (a), the head of each Federal department or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00486 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 487 1 agency shall develop and implement standards and 2 procedures to ensure, to the maximum extent pos- 3 sible as permitted by law, the use of minority banks 4 and minority credit unions to serve the financial 5 needs of each such department or agency. 6 ‘‘(2) REPORT TO CONGRESS.—Not later than 2 7 years after the establishment of the program de- 8 scribed in subsection (a), and annually thereafter, 9 the head of each Federal department or agency shall 10 submit to Congress a report on the actions taken to 11 increase the use of minority banks and minority 12 credit unions to serve the financial needs of each 13 such department or agency. 14 ‘‘(c) DEFINITIONS.—For purposes of this section: 15 ‘‘(1) CREDIT UNION.—The term ‘credit union’ 16 has the meaning given the term ‘insured credit 17 union’ in section 101 of the Federal Credit Union 18 Act (12 U.S.C. 1752). 19 ‘‘(2) DEPOSITORY INSTITUTION.—The term ‘de- 20 pository institution’ has the meaning given the term 21 ‘insured depository institution’ in section 3 of the 22 Federal Deposit Insurance Act (12 U.S.C. 1813). 23 ‘‘(3) MINORITY.—The term ‘minority’ means 24 any Black American, Native American, Hispanic 25 American, or Asian American. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00487 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 488 1 ‘‘(4) MINORITY BANK.—The term ‘minority 2 bank’ means a minority depository institution as de- 3 fined in section 308 of this Act. 4 ‘‘(5) MINORITY CREDIT UNION.—The term ‘mi- 5 nority credit union’ means any credit union for 6 which more than 50 percent of the membership (in- 7 cluding board members) of such credit union are mi- 8 nority individuals, as determined by the National 9 Credit Union Administration pursuant to section 10 308 of this Act.’’. 11 (2) CONFORMING AMENDMENTS.—The 12 lowing 13 ‘‘1204(c)(3)’’ and inserting ‘‘1204(c)’’: provisions 14 are amended by fol- striking (A) Section 808(b)(3) of the Community 15 Reinvestment 16 2907(b)(3)). 17 Act of 1977 (12 U.S.C. (B) Section 40(g)(1)(B) of the Federal De- 18 posit 19 1831q(g)(1)(B)). Insurance Act (12 U.S.C. 20 (C) Section 704B(h)(4) of the Equal Cred- 21 it Opportunity Act (15 U.S.C. 1691c–2(h)(4)). 22 (h) DIVERSITY REPORT AND BEST PRACTICES.— 23 (1) ANNUAL REPORT.—Each covered regulator 24 shall submit to Congress an annual report on diver- 25 sity including the following: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 489 1 (A) Data, based on voluntary self-identi- 2 fication, on the racial, ethnic, and gender com- 3 position of the examiners of each covered regu- 4 lator, disaggregated by length of time served as 5 an examiner. 6 (B) The status of any examiners of cov- 7 ered regulators, based on voluntary self-identi- 8 fication, as a veteran. 9 (C) Whether any covered regulator, as of 10 the date on which the report required under 11 this subsection is submitted, has adopted a pol- 12 icy, plan, or strategy to promote racial, ethnic, 13 and gender diversity among examiners of the 14 covered regulator. 15 (D) Whether any special training is devel- 16 oped and provided for examiners related specifi- 17 cally to working with banks that serve commu- 18 nities that are predominantly minorities, low in- 19 come, or rural, and the key focus of such train- 20 ing. 21 (2) BEST PRACTICES.—Each Office of Minority 22 and Women Inclusion of a covered regulator shall 23 develop, provide to the head of the covered regulator, 24 and make publicly available best practices— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00489 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 490 1 (A) for increasing the diversity of can- 2 didates applying for examiner positions, includ- 3 ing through outreach efforts to recruit diverse 4 candidate to apply for entry-level examiner posi- 5 tions; and 6 (B) for retaining and providing fair consid- 7 eration for promotions within the examiner 8 staff for purposes of achieving diversity among 9 examiners. 10 (3) COVERED REGULATOR DEFINED.—In this 11 subsection, the term ‘‘covered regulator’’ means the 12 Comptroller of the Currency, the Board of Gov- 13 ernors of the Federal Reserve System, the Federal 14 Deposit Insurance Corporation, and the National 15 Credit Union Administration. 16 (i) INVESTMENTS 17 TUTIONS AND IMPACT 18 IN MINORITY DEPOSITORY INSTI- BANKS.— (1) CONTROL FOR CERTAIN INSTITUTIONS.— 19 Section 7(j)(8)(B) of the Federal Deposit Insurance 20 Act (12 U.S.C. 1817(j)(8)(B)) is amended to read 21 as follows: 22 ‘‘(B) ‘control’ means the power, directly or indi- 23 rectly— 24 ‘‘(i) to direct the management or policies 25 of an insured depository institution; or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00490 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 491 1 ‘‘(ii)(I) with respect to an insured deposi- 2 tory institution, of a person to vote 25 per cen- 3 tum or more of any class of voting securities of 4 such institution; or 5 ‘‘(II) with respect to an insured depository 6 institution that is an impact bank (as des- 7 ignated pursuant to section 5 of the Ensuring 8 Diversity in Community Banking Act of 2020) 9 or a minority depository institution (as defined 10 in section 308(b) of the Financial Institutions 11 Reform, Recovery, and Enforcement Act of 12 1989), of an individual to vote 30 percent of 13 more of any class of voting securities of such an 14 impact bank or a minority depository institu- 15 tion.’’. 16 (2) RULEMAKING.—The appropriate Federal 17 banking agency (as defined in section 3 of the Fed- 18 eral Deposit Insurance Act (12 U.S.C. 1813)) shall 19 jointly issue rules for de novo minority depository in- 20 stitutions and de novo impact banks (as designated 21 pursuant to section 5) to allow 3 years to meet the 22 capital requirements otherwise applicable to minority 23 depository institutions and impact banks. 24 (3) REPORT.—Not later than 1 year after the 25 date of the enactment of this Act, the appropriate L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00491 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 492 1 Federal banking agencies shall jointly submit to 2 Congress a report on— 3 (A) the principal causes for the low num- 4 ber of de novo minority depository institutions 5 during the 10-year period preceding the date of 6 the report; 7 (B) the main challenges to the creation of 8 de novo minority depository institutions and de 9 novo impact banks; and 10 (C) regulatory and legislative consider- 11 ations to promote the establishment of de novo 12 minority depository institutions and de novo im- 13 pact banks. 14 (j) REQUIREMENT 15 TORY 16 NANCIAL INSTITUTIONS OR INSTITUTIONS MENTOR MINORITY DEPOSI- TO COMMUNITY DEVELOPMENT FITO SERVE AS A DEPOSITARY OR 17 FINANCIAL AGENT.— 18 (1) IN GENERAL.—Before a large financial in- 19 stitution may be employed as a financial agent of 20 the Department of the Treasury or perform any rea- 21 sonable duties as depositary of public moneys of the 22 Department of the Treasury, the large financial in- 23 stitution shall demonstrate participation as a mentor 24 in a covered mentor-protege program to a protege L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00492 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 493 1 firm that is a minority depository institution or a 2 community development financial institution. 3 (2) REPORT.—Not later than 6 months after 4 the date of the enactment of this Act and annually 5 thereafter, the Secretary of the Treasury shall sub- 6 mit to Congress a report on participants in a cov- 7 ered mentor-protege program, including an analysis 8 of outcomes of such program. 9 (3) PROCEDURES.—The Secretary of the Treas- 10 ury shall publish procedures for compliance with the 11 requirements of this subsection for large financial 12 institutions. 13 (4) DEFINITIONS.—In this subsection: 14 (A) 15 GRAM.—The 16 gram’’ means a mentor-protege program estab- 17 lished by the Secretary of the Treasury pursu- 18 ant to section 45 of the Small Business Act (15 19 U.S.C. 657r). 20 COVERED MENTOR-PROTEGE PRO- term ‘‘covered mentor-protege pro- (B) LARGE FINANCIAL INSTITUTION.—The 21 term ‘‘large financial institution’’ means any 22 entity— 23 (i) regulated by the Comptroller of the 24 Currency, the Board of Governors of the 25 Federal Reserve System, the Federal De- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00493 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 494 1 posit Insurance Corporation, or the Na- 2 tional Credit Union Administration; and 3 (ii) that has total consolidated assets 4 greater than or equal to $50,000,000,000. 5 (k) CUSTODIAL DEPOSIT PROGRAM 6 MINORITY DEPOSITORY INSTITUTIONS FOR AND COVERED IMPACT 7 BANKS.— 8 (1) ESTABLISHMENT.—The Secretary of the 9 Treasury shall establish a custodial deposit program 10 (in this subsection referred to as the ‘‘Program’’) 11 under which a covered bank shall receive monthly 12 deposits from a qualifying account. 13 (2) APPLICATION.—A covered bank shall sub- 14 mit to the Secretary an application to participate in 15 the Program at such time, in such manner, and con- 16 taining such information as the Secretary may deter- 17 mine. 18 (3) PROGRAM 19 OPERATIONS.— (A) DESIGNATION OF CUSTODIAL ENTI- 20 TIES.—The 21 custodial entities to make monthly deposits with 22 covered banks selected for participation in the 23 Program on behalf of a qualifying account. 24 Secretary shall designate eligible (B) CUSTODIAL ACCOUNTS.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00494 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 495 1 (i) IN GENERAL.—The Secretary shall 2 establish a custodial deposit account for 3 each qualifying account with the eligible 4 custodial entity designated to make depos- 5 its with covered banks for each such quali- 6 fying account. 7 (ii) AMOUNT.—The Secretary shall 8 deposit a total amount not greater than 5 9 percent of a qualifying account into any 10 custodial 11 under subparagraph (A). 12 (iii) DEPOSITS 13 deposit accounts established WITH PROGRAM PAR- TICIPANTS.— 14 (I) MONTHLY DEPOSITS.—Each 15 month, each eligible custodial entity 16 designated by the Secretary shall de- 17 posit an amount not greater than the 18 insured amount, in the aggregate, 19 from each custodial deposit account, 20 in a single covered bank. 21 (II) LIMITATION.—With respect 22 to the funds of an individual quali- 23 fying account, the eligible custodial 24 entity may not deposit an amount L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00495 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 496 1 greater than the insured amount in a 2 single covered bank. 3 (III) INSURED AMOUNT DE- 4 FINED.—In 5 sured amount’’ means the amount 6 that is the greater of— this clause, the term ‘‘in- 7 (aa) the standard maximum 8 deposit insurance amount (as de- 9 fined in section 11(a)(1)(E) of 10 the Federal Deposit Insurance 11 Act (12 U.S.C. 1821(a)(1)(E))); 12 or 13 (bb) such higher amount ne- 14 gotiated between the Secretary 15 and the Corporation under which 16 the Corporation will insure all de- 17 posits of such higher amount. 18 (iv) LIMITATIONS.—The total amount 19 of funds deposited under the Program in a 20 covered bank may not exceed the lesser 21 of— 22 (I) 10 percent of the average 23 amount of deposits held by such cov- 24 ered bank in the previous quarter; or 25 (II) $100,000,000. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00496 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 497 1 (C) INTEREST.— 2 (i) IN GENERAL.—Each eligible custo- 3 dial entity designated by the Secretary 4 shall— 5 (I) collect interest from each cov- 6 ered bank in which such custodial en- 7 tity deposits funds pursuant to sub- 8 paragraph (B); and 9 (II) disburse such interest to the 10 Secretary each month. 11 (ii) INTEREST RATE.—The rate of any 12 interest collected under this subparagraph 13 may not exceed 50 percent of the discount 14 window primary credit interest rate most 15 recently published on the Federal Reserve 16 Statistical Release on selected interest 17 rates (daily or weekly), commonly referred 18 to as the H.15 release (commonly known 19 as the ‘‘Federal funds rate’’). 20 (D) STATEMENTS.—Each eligible custodial 21 entity designated by the Secretary shall submit 22 to the Secretary monthly statements that in- 23 clude the total amount of funds deposited with, 24 and interest rate received from, each covered L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00497 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 498 1 bank by the eligible custodial entity on behalf of 2 qualifying entities. 3 (E) RECORDS.—The Secretary shall issue 4 a quarterly report to Congress and make pub- 5 licly available a record identifying all covered 6 banks 7 amounts deposited under the Program in cov- 8 ered banks. 9 (4) REQUIREMENTS participating in the Program and RELATING TO DEPOSITS.— 10 Deposits made with covered banks under this sub- 11 section may not— 12 (A) be considered by the Corporation to be 13 funds obtained, directly or indirectly, by or 14 through any deposit broker for deposit into 1 or 15 more deposit accounts (as described under sec- 16 tion 29 of the Federal Deposit Insurance Act 17 (12 U.S.C. 1831f)); or 18 (B) be subject to insurance fees from the 19 Corporation that are greater than insurance 20 fees for typical demand deposits not obtained, 21 directly or indirectly, by or through any deposit 22 broker (commonly known as ‘‘core deposits’’). 23 (5) MODIFICATIONS.— 24 (A) IN 25 GENERAL.—The Secretary shall provide a 3-month period for public notice and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 499 1 comment before making any material change to 2 the operation of the Program. 3 (B) EXCEPTION.—The requirements of 4 subparagraph (A) shall not apply if the Sec- 5 retary makes a material change to the Program 6 to comply with safety and soundness standards 7 or other law. 8 (6) TERMINATION.— 9 (A) BY COVERED BANK.—A covered bank 10 selected for participation in the Program pursu- 11 ant to paragraph (3) may terminate participa- 12 tion in the Program by providing the Secretary 13 a notification 60 days prior to termination. 14 (B) BY SECRETARY.—The Secretary may 15 terminate the participation of a covered bank in 16 the Program if the Secretary determines the 17 covered bank— 18 (i) violated any terms of participation 19 in the Program; 20 (ii) failed to comply with Federal 21 bank secrecy laws, as documented in writ- 22 ing by the primary regulator of the covered 23 bank; 24 (iii) failed to remain well capitalized; 25 or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00499 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 500 1 (iv) failed comply with safety and 2 soundness standards, as documented in 3 writing by the primary regulator of the 4 covered bank. 5 (7) DEFINITIONS.—In this subsection: 6 (A) CORPORATION.—The term ‘‘Corpora- 7 tion’’ means the Federal Deposit Insurance 8 Corporation. 9 (B) COVERED 10 BANK.—The term ‘‘covered bank’’ means— 11 (i) a minority depository institution 12 that is regulated by the Corporation or the 13 National Credit Union Administration that 14 is well capitalized (as defined in section 15 38(b) of the Federal Deposit Insurance 16 Act (12 U.S.C. 1831o(b))); or 17 (ii) a depository institution designated 18 pursuant to section 5 of the Ensuring Di- 19 versity in Community Banking Act of 2020 20 that is well capitalized (as defined in sec- 21 tion 38(b) of the Federal Deposit Insur- 22 ance Act (12 U.S.C. 1831o(b))). 23 (C) ELIGIBLE 24 CUSTODIAL ENTITY.—The term ‘‘eligible custodial entity’’ means— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00500 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 501 1 (i) an insured depository institution 2 (as defined in section 3 of the Federal De- 3 posit Insurance Act (12 U.S.C. 1813)), 4 (ii) an insured credit union (as de- 5 fined in section 101 of the Federal Credit 6 Union Act (12 U.S.C. 1752)), or 7 (iii) or a well capitalized State-char- 8 tered trust company, 9 designated by the Secretary under subsection 10 (k)(3)(A). 11 (D) FEDERAL 12 BANK SECRECY LAWS.—The term ‘‘Federal bank secrecy laws’’ means— 13 (i) section 21 of the Federal Deposit 14 Insurance Act (12 U.S.C. 1829b); 15 (ii) section 123 of Public Law 91– 16 508; and 17 (iii) subchapter II of chapter 53 of 18 title 31, United States Code. 19 (E) QUALIFYING ACCOUNT.—The term 20 ‘‘qualifying account’’ means any account estab- 21 lished in the Department of the Treasury 22 that— 23 (i) is controlled by the Secretary; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00501 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 502 1 (ii) is expected to maintain a balance 2 greater than $200,000,000 for the fol- 3 lowing calendar month. 4 (F) SECRETARY.—The term ‘‘Secretary’’ 5 means the Secretary of the Treasury. 6 (G) WELL CAPITALIZED.—The term ‘‘well 7 capitalized’’ has the meaning given in section 8 38 of the Federal Deposit Insurance Act (12 9 U.S.C. 1831o). 10 11 (l) STREAMLINED COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION 12 APPLICATIONS AND REPORTING.— (1) APPLICATION PROCESSES.—Not later than 13 12 months after the date of the enactment of this 14 Act and with respect to any person having assets 15 under $3,000,000,000 that submits an application 16 for deposit insurance with the Federal Deposit In- 17 surance Corporation that could also become a com- 18 munity development financial institution, the Fed- 19 eral Deposit Insurance Corporation, in consultation 20 with the Administrator of the Community Develop- 21 ment Financial Institutions Fund, shall— 22 (A) develop systems and procedures to 23 record necessary information to allow the Ad- 24 ministrator to conduct preliminary analysis for L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00502 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 503 1 such person to also become a community devel- 2 opment financial institution; and 3 (B) develop procedures to streamline the 4 application and annual certification processes 5 and to reduce costs for such person to become, 6 and maintain certification as, a community de- 7 velopment financial institution that serves low- 8 and moderate-income neighborhoods (as defined 9 under the Community Reinvestment Act of 10 1977 (12 U.S.C. 2901 et seq.)). 11 (2) REPORT ON IMPLEMENTATION.—Not later 12 than 18 months after the date of the enactment of 13 this Act, the Federal Deposit Insurance Corporation 14 shall submit to Congress a report describing the sys- 15 tems and procedures required under paragraph (1). 16 (3) ANNUAL 17 (A) IN REPORT.— GENERAL.—Section 17(a)(1) of the 18 Federal Deposit Insurance Act (12 U.S.C. 19 1827(a)(1)) is amended— 20 (i) in subparagraph (E), by striking 21 ‘‘and’’ at the end; 22 (ii) by redesignating subparagraph 23 (F) as subparagraph (G); 24 (iii) by inserting after subparagraph 25 (E) the following new subparagraph: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00503 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 504 1 ‘‘(F) applicants for deposit insurance that 2 could also become a community development fi- 3 nancial institution (as defined in section 103 of 4 the Riegle Community Development and Regu- 5 latory Improvement Act of 1994), a minority 6 depository institution (as defined in section 308 7 of the Financial Institutions Reform, Recovery, 8 and Enforcement Act of 1989), or an impact 9 bank (as designated pursuant to section 5 of 10 the Ensuring Diversity in Community Banking 11 Act of 2020); and’’. 12 (B) APPLICATION.—The amendment made 13 by this paragraph shall apply with respect to 14 the first report to be submitted after the date 15 that is 2 years after the date of the enactment 16 of this Act. 17 (m) TASK FORCE ON LENDING TO SMALL BUSINESS 18 CONCERNS.— 19 (1) IN GENERAL.—Not later than 6 months 20 after the date of the enactment of this Act, the Ad- 21 ministrator of the Small Business Administration 22 shall establish a task force to examine methods for 23 improving relationships between the Small Business 24 Administration and community development finan- 25 cial institutions, minority depository institutions, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00504 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 505 1 and impact bank (as designated pursuant to section 2 5 of the Ensuring Diversity in Community Banking 3 Act of 2020) to increase the volume of loans pro- 4 vided by such institutions to small business concerns 5 (as defined under section 3 of the Small Business 6 Act (15 U.S.C. 632)). 7 (2) REPORT TO CONGRESS.—Not later than 18 8 months after the establishment of the task force de- 9 scribed in paragraph (1), the Administrator of the 10 Small Business Administration shall submit to Con- 11 gress a report on the findings of such task force. 12 (n) ASSISTANCE 13 TUTIONS AND TO MINORITY DEPOSITORY INSTI- IMPACT BANKS.—The Secretary of the 14 Treasury shall establish a program to provide assistance 15 to a minority depository institution or an impact bank (as 16 designated pursuant to section 5 of the Ensuring Diversity 17 in Community Banking Act of 2020) to support growth 18 and development of such minority depository institutions 19 and impact banks, including by providing assistance with 20 obtaining or converting a charter, bylaw amendments, 21 field-of-membership expansion requests, and online train22 ing and resources. 23 SEC. 208. LOANS TO MDIS AND CDFIS. 24 (a) IN GENERAL.—During the COVID–19 emergency 25 period, the Board of Governors of the Federal Reserve L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00505 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 506 1 System shall provide zero-interest loans to minority depos2 itory institutions and community development financial in3 stitutions to help mitigate the economic impact of 4 COVID–19 in low-income, underserved communities. 5 (b) ASSET LIMITATION.—Subsection (a) shall only 6 apply to minority depository institutions and community 7 development financial institutions with less than 8 $1,000,000,000 in assets. 9 10 (c) INTEREST TO RESUME 18 MONTHS AFTER PAN- DEMIC.—Notwithstanding subsection (a), the Board of 11 Governors shall charge interest on loans made pursuant 12 to subsection (a) after the end of the 18-month period be13 ginning at the end of the COVID–19 emergency period, 14 at a rate to be determined by the Board of Governors 15 based on the interest amount charged under the discount 16 window lending programs. 17 (d) COVID–19 PANDEMIC DEFINED.—In this sec- 18 tion, the term ‘‘COVID–19 emergency period’’ means the 19 period that begins upon the date of the enactment of this 20 Act and ends upon the date of the termination by the Fed21 eral Emergency Management Administration of the emer22 gency declared on March 13, 2020, by the President under 23 the Robert T. Stafford Disaster Relief and Emergency As24 sistance Act (42 U.S.C. 4121 et seq.) relating to the 25 Coronavirus Disease 2019 (COVID–19) pandemic. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00506 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 507 1 SEC. 209. INSURANCE OF TRANSACTION ACCOUNTS. 2 (a) BANKS AND SAVINGS ASSOCIATIONS.— 3 (1) AMENDMENTS.—Section 11(a)(1) of the 4 Federal 5 1821(a)(1)) is amended— 6 Deposit Insurance Act (12 U.S.C. (A) in subparagraph (B)— 7 (i) by striking ‘‘The net amount’’ and 8 inserting the following: 9 ‘‘(i) IN 10 GENERAL.—Subject to clause (ii), the net amount’’; and 11 (ii) by adding at the end the following 12 new clauses: 13 ‘‘(ii) AUTHORIZATION FOR INSURANCE 14 FOR TRANSACTION ACCOUNTS.—Notwith- 15 standing clause (i), the Corporation may 16 fully insure the net amount that any de- 17 positor at an insured depository institution 18 maintains in a transaction account. Such 19 amount shall not be taken into account 20 when computing the net amount due to 21 such depositor under clause (i). 22 ‘‘(iii) TRANSACTION ACCOUNT DE- 23 FINED.—For 24 graph, the term ‘transaction account’ has 25 the meaning given that term under section purposes of this subpara- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 508 1 19 of the Federal Reserve Act (12 U.S.C. 2 461).’’; and 3 (B) in subparagraph (C), by striking ‘‘sub- 4 paragraph (B)’’ and inserting ‘‘subparagraph 5 (B)(i)’’. 6 (2) PROSPECTIVE REPEAL.—Effective January 7 1, 2022, section 11(a)(1) of the Federal Deposit In- 8 surance Act (12 U.S.C. 1821(a)(1)), as amended by 9 paragraph (1), is amended— 10 (A) in subparagraph (B)— 11 (i) by striking ‘‘DEPOSIT.—’’ and all 12 that follows through ‘‘clause (ii), the net 13 amount’’ and insert ‘‘DEPOSIT.—The net 14 amount’’; and 15 (ii) by striking clauses (ii) and (iii); 16 and 17 (B) in subparagraph (C), by striking ‘‘sub- 18 paragraph (B)(i)’’ and inserting ‘‘subparagraph 19 (B)’’. 20 (b) CREDIT UNIONS.— 21 (1) AMENDMENTS.—Section 207(k)(1) of the 22 Federal Credit Union Act (12 U.S.C. 1787(k)(1)) is 23 amended— 24 (A) in subparagraph (A)— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00508 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 509 1 (i) by striking ‘‘Subject to the provi- 2 sions of paragraph (2), the net amount’’ 3 and inserting the following: 4 ‘‘(i) NET 5 PAYABLE.—Subject 6 provisions of paragraph (2), the net 7 amount’’; and 8 AMOUNT OF INSURANCE to clause (ii) and the (ii) by adding at the end the following 9 new clauses: 10 ‘‘(ii) AUTHORIZATION FOR INSURANCE 11 FOR TRANSACTION ACCOUNTS.—Notwith- 12 standing clause (i), the Board may fully in- 13 sure the net amount that any member or 14 depositor at an insured credit union main- 15 tains in a transaction account. Such 16 amount shall not be taken into account 17 when computing the net amount due to 18 such member or depositor under clause (i). 19 ‘‘(iii) TRANSACTION ACCOUNT DE- 20 FINED.—For 21 graph, the term ‘transaction account’ has 22 the meaning given that term under section 23 19 of the Federal Reserve Act (12 U.S.C. 24 461).’’; and purposes of this subpara- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00509 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 510 1 (B) in subparagraph (B), by striking ‘‘sub- 2 paragraph (A)’’ and inserting ‘‘subparagraph 3 (A)(i)’’. 4 (2) PROSPECTIVE REPEAL.—Effective January 5 1, 2022, section 207(k)(1) of the Federal Credit 6 Union Act (12 U.S.C. 1787(k)(1)), as amended by 7 paragraph (1), is amended— 8 (A) in subparagraph (A)— 9 (i) by striking ‘‘(i) NET AMOUNT OF 10 INSURANCE PAYABLE.—’’ 11 lows through ‘‘paragraph (2), the net 12 amount’’ and inserting ‘‘Subject to the 13 provisions of paragraph (2), the net 14 amount’’; and 15 and all that fol- (ii) by striking clauses (ii) and (iii); 16 and 17 (B) in subparagraph (B), by striking ‘‘sub- 18 paragraph (A)(i)’’ and inserting ‘‘subparagraph 19 (A)’’. 20 (c) COVID–19 EMERGENCY DEFINED.—In this sec- 21 tion, the term ‘‘COVID–19 emergency’’ means the period 22 that begins upon the date of the enactment of this Act 23 and ends upon the date of the termination by the Federal 24 Emergency Management Agency of the emergency de25 clared on March 13, 2020, by the President under the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00510 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 511 1 Robert T. Stafford Disaster Relief and Emergency Assist2 ance Act (42 U.S.C. 4121 et seq.) relating to the 3 Coronavirus Disease 2019 (COVID–19) pandemic. 6 TITLE III—SUPPORTING STATE, TERRITORY, AND LOCAL GOVERNMENTS 7 SEC. 301. MUNI FACILITY. 4 5 8 (a) AMENDMENT 9 BONDS AND TO AUTHORITY TO BUY AND SELL NOTES.—Section 14(b) of the Federal Re- 10 serve Act (12 U.S.C. 355) is amended— 11 (1) in paragraph (1)— 12 (A) by inserting ‘‘and during unusual and 13 exigent circumstances,’’ before ‘‘bonds issued’’; 14 and 15 (B) by striking ‘‘of 1933’’ and all that fol- 16 lows through ‘‘assured revenues’’; and 17 (2) by adding at the end the following: 18 ‘‘(3) STATE DEFINED.—In this section, the 19 term ‘State’ means each of the several States, the 20 District of Columbia, each territory and possession 21 of the?United States, and each federally recognized 22 Indian Tribe.’’. 23 (b) FEDERAL RESERVE AUTHORIZATION 24 CHASE TO PUR- COVID–19 RELATED MUNICIPAL ISSUANCES.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00511 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 512 1 (1) AUTHORITY.—Within seven days after the 2 date of enactment of this subsection, the Federal 3 Reserve Board of Governors shall establish a facility 4 to buy and sell, at home or abroad, bills, notes, 5 bonds, and warrants with a maturity from date of 6 purchase of not exceeding 10 years that are issued 7 by any State or political subdivision thereof between 8 March 1, 2020, and July 1, 2021, in order to fund 9 a public health or public service response to the 10 COVID–19 pandemic. The Board of Governors of 11 the Federal Reserve System may extend the author- 12 ity under this subsection if the Board determines 13 necessary. 14 (2) REQUIRED PURCHASES.—The Board of 15 Governors of the Federal Reserve System shall es- 16 tablish policies and procedures to require the direct 17 placement of bills, notes, bonds, and warrants de- 18 scribed in paragraph (1) with the Board at an inter- 19 est cost that does not exceed the Federal funds rate 20 target for short-term interbank lending, within seven 21 days after the date of enactment of this section. 22 (3) REVIEW OF SPENDING.—During the 3-year 23 period beginning on the date on which all purchases 24 under this section are completed, relevant Federal 25 authorities shall review such purchases to determine L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00512 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 513 1 if funds were diverted from legitimate public health 2 or public services responses to the COVID–19 pan- 3 demic to make such purchase. The relevant Federal 4 authorities shall take appropriate action based on 5 findings of such review. 6 (4) DEFINITIONS.—In this subsection: 7 (A) PUBLIC HEALTH OR PUBLIC SERVICE 8 RESPONSE TO THE COVID–19 PANDEMIC.—The 9 term ‘‘public health or public service response 10 to the COVID–19 pandemic’’ means— 11 (i) the purchase, manufacture, or de- 12 livery of medical equipment, facilities, or 13 services— 14 (I) 15 to treat or quarantine COVID–19 patients; 16 (II) to protect first responders 17 interacting with such patients; or 18 (III) to test for COVID–19 infec- 19 tions and track social contacts of pa- 20 tients who have tested positive for the 21 virus; 22 (ii) the purchase, manufacture, or de- 23 livery of basic living supports for individ- 24 uals who are not COVID–19 patients dur- 25 ing periods of voluntary or mandatory so- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 514 1 cial distancing or quarantine designed to 2 prevent the spread of COVID–19; or 3 (iii) the maintenance and delivery of 4 basic public services to communities re- 5 sponding to the public health or economic 6 effects of the COVID–19 pandemic. 7 (B) STATE.—The term ‘‘State’’ means 8 each of the several States, the District of Co- 9 lumbia, each territory and possession of the 10 United States, and each federally recognized In- 11 dian Tribe. 12 SEC. 302. TEMPORARY WAIVER AND REPROGRAMMING AU- 13 THORITY. 14 (a) WAIVER AUTHORITY.— 15 (1) IN GENERAL.—With respect to a covered 16 grant awarded to a State, territory, or local govern- 17 ment by a Federal financial regulator, the Federal 18 financial regulator may, upon request, waive any 19 matching or cost-sharing requirements with respect 20 to such grant until January 1, 2023. 21 (2) REQUIREMENTS FOR WAIVER RECIPI- 22 ENTS.—A 23 granted a waiver with respect to a grant under sub- 24 section (a) shall waive any matching or cost-sharing State, territory, or local government L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00514 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 515 1 requirements that such government imposes on sub- 2 grantees on such grant until January 1, 2023. 3 (b) REPROGRAMMING AUTHORITY.— 4 (1) IN GENERAL.—With respect to a covered 5 grant awarded to a State, territory, or local govern- 6 ment by a Federal financial regulator, the Federal 7 financial regulator may, upon request, permit the 8 State, territory, or local government to reprogram 9 awarded grant funds for purposes related to unem- 10 ployment, childcare, and healthcare, if the majority 11 of normally funded activities under such grant are 12 not in areas related to unemployment, childcare, and 13 healthcare. 14 (2) CONSIDERATION FOR FUTURE GRANTS.— 15 Any grantee (or sub-grantee) with respect to which 16 a Federal financial regulator allows to reprogram 17 funds under paragraph (1) shall be given priority by 18 such Federal financial regulator for future awards of 19 the type reprogrammed. 20 (c) DEFINITIONS.—In this section: 21 (1) COVERED 22 award’’ means a grant— GRANTS.—The term ‘‘covered 23 (A) that was awarded to a State, territory, 24 or local government before the date of enact- 25 ment of this Act and under which the State, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00515 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 516 1 territory, or local government may still receive 2 additional grant amounts; or 3 (B) with respect to which the period of 4 performance does not expire before January 1, 5 2023. 6 (2) FEDERAL FINANCIAL REGULATOR.—The 7 term ‘‘Federal financial regulator’’ means the Board 8 of Governors of the Federal Reserve System, the 9 Bureau of Consumer Financial Protection, the De- 10 partment of Housing and Urban Development, the 11 Department of the Treasury (other than the Inter- 12 nal Revenue Service), the Federal Deposit Insurance 13 Corporation, the Office of the Comptroller of the 14 Currency, the National Credit Union Administra- 15 tion, and the Securities and Exchange Commission. 16 18 TITLE IV—PROMOTING FINANCIAL STABILITY AND TRANSPARENT MARKETS 19 SEC. 401. TEMPORARY HALT TO RULEMAKINGS UNRE- 17 20 LATED TO COVID–19. 21 (a) IN GENERAL.—Until the end of the 30-day period 22 following the end of the COVID–19 emergency period, the 23 Federal financial regulators— 24 (1) may not adopt or amend any rule, regula- 25 tion, guidance, or order unless such rule, regulation, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00516 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 517 1 guidance, or order is directly related to responding 2 to the COVID–19 emergency; and 3 (2) shall keep open and extend any ongoing 4 public comment period related to a proposed or final 5 rule, unless such rule is related to responding to the 6 COVID–19 emergency. 7 (b) NOTICE 8 TIONS.—The AND SUNSET OF EMERGENCY AC- Federal financial regulators shall— 9 (1) provide the Committee on Financial Serv- 10 ices of the House of Representatives and the Com- 11 mittee on Banking, Housing, and Urban Affairs of 12 the Senate with a notice of any regulatory actions 13 taken during the COVID–19 emergency period, 14 along with an explanation of how such action was 15 necessary and appropriate in response to the 16 COVID–19 emergency; and 17 (2) limit the period of effectiveness of any ac- 18 tion taken in response to the COVID–19 emergency 19 to be not longer than 12-months following the end 20 of the COVID–19 emergency period. 21 (c) VOTING BY REGULATORS.—Any action taken pur- 22 suant to this section by a Federal financial regulator head23 ed by a multi-person entity may only be taken by unani24 mous vote. 25 (d) DEFINITIONS.—In this section: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00517 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 518 1 (1) COVID–19 EMERGENCY PERIOD.—For pur- 2 poses of this Act, the term ‘‘COVID–19 emergency 3 period’’ means the period that begins upon the date 4 of the enactment of this Act and ends upon the date 5 of the termination by the Federal Emergency Man- 6 agement Agency of the emergency declared on 7 March 13, 2020, by the President under the Robert 8 T. Stafford Disaster Relief and Emergency Assist- 9 ance Act (42 U.S.C. 4121 et seq.) relating to the 10 Coronavirus Disease 2019 (COVID–19) pandemic. 11 (2) FEDERAL FINANCIAL REGULATOR.—In this 12 section, the term ‘‘Federal financial regulator’’ 13 means the Board of Governors of the Federal Re- 14 serve System, the Bureau of Consumer Financial 15 Protection, the Department of Housing and Urban 16 Development, the Department of the Treasury 17 (other than the Internal Revenue Service), the Fed- 18 eral Deposit Insurance Corporation, the Federal 19 Housing Finance Agency, the Office of the Comp- 20 troller of the Currency, the National Credit Union 21 Administration, and the Securities and Exchange 22 Commission. 23 SEC. 402. TEMPORARY BAN ON STOCK BUYBACKS. 24 (a) IN GENERAL.—It shall be unlawful for any issuer, 25 the securities of which are traded on a national securities L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00518 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 519 1 exchange, to purchase securities of the issuer during the 2 period beginning on the date of enactment of this section 3 and ending 120 days after the end of the COVID–19 4 emergency period. 5 (b) EARLY TERMINATION.—The Securities and Ex- 6 change Commission may terminate the prohibition under 7 subsection (a) after the end of the COVID–19 emergency 8 period and before the end of the 120-day period described 9 under subsection (a), if— 10 (1) the Commission determines such termi- 11 nation is in the public interest; and 12 (2) immediately notifies the Congress and the 13 public of such determination and the reason for such 14 determination, including on the website of the Com- 15 mission. 16 (c) ENFORCEMENT; RULEMAKING.— 17 (1) IN GENERAL.—The Securities and Ex- 18 change Commission shall have the authority to en- 19 force this Act and may issue such rules as may be 20 necessary to carry out this Act. 21 (2) COMMISSION VOTING.—Any action taken by 22 the Commission pursuant to this section may only be 23 taken upon a unanimous vote of the commissioners. 24 (d) DEFINITIONS.—In this section: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00519 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 520 1 (1) COVID–19 EMERGENCY PERIOD.—The 2 term ‘‘COVID–19 emergency period’’ means the pe- 3 riod that begins upon the date of the enactment of 4 this Act and ends upon the date of the termination 5 by the Federal Emergency Management Agency of 6 the emergency declared on March 13, 2020, by the 7 President under the Robert T. Stafford Disaster Re- 8 lief and Emergency Assistance Act (42 U.S.C. 4121 9 et seq.) relating to the Coronavirus Disease 2019 10 (COVID–19) pandemic. 11 (2) OTHER DEFINITIONS.—The terms ‘‘issuer’’, 12 ‘‘national securities exchange’’, and ‘‘security’’ have 13 the meaning given those terms, respectively, under 14 section 3 of the Securities Exchange Act of 1934. 15 SEC. 403. DISCLOSURES RELATED TO SUPPLY CHAIN DIS- 16 RUPTION RISK. 17 Section 13 of the Securities Exchange Act of 1934 18 (15 U.S.C. 78m) is amended by adding at the end the 19 following: 20 21 ‘‘(s) DISCLOSURES RELATED TO SUPPLY CHAIN DISRUPTION 22 RISK.— ‘‘(1) IN GENERAL.—Each issuer required to file 23 an annual report under subsection (a) shall disclose 24 in that report— 25 ‘‘(A) an identification of— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00520 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 521 1 ‘‘(i) the risks in the issuer’s sourcing 2 of goods, labor, services, and other supply 3 chain related matters, including— 4 ‘‘(I) risks of dependency upon 5 sole 6 sourcing concentrated in one geo- 7 graphic locality; sourcing arrangements or 8 ‘‘(II) shipping risks; and 9 ‘‘(III) risks arising from natural 10 disasters, pandemics, extreme weath- 11 er, armed conflicts, refugee and re- 12 lated disruptions, trade conflicts or 13 disruptions, and labor wage, safety, 14 and health care practices; and 15 ‘‘(ii) the impacts any risk or disrup- 16 tion identified in clause (i) would have on 17 the issuer’s workforce, suppliers, and cus- 18 tomers; 19 ‘‘(B) the issuer’s business continuity or 20 other contingency plans that will be imple- 21 mented in the case of a supply chain disruption 22 in order to mitigate such risks and impacts; 23 and 24 ‘‘(C) all other material information. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00521 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 522 1 ‘‘(2) UPDATES.—Disclosures required under 2 this subsection shall be updated when there are ma- 3 terial changes.’’. 4 SEC. 404. DISCLOSURES RELATED TO GLOBAL PANDEMIC 5 RISK. 6 (a) IN GENERAL.—Section 13 of the Securities Ex- 7 change Act of 1934 (15 U.S.C. 78m), as amended by sec8 tion 403, is further amended by adding at the end the 9 following: 10 ‘‘(t) DISCLOSURES RELATED TO GLOBAL PANDEMIC 11 RISK.— 12 ‘‘(1) IN GENERAL.—Each issuer required to file 13 current reports under subsection (a) shall, in the 14 event the World Health Organization declares a pan- 15 demic, file a report with the Commission containing 16 a description of— 17 ‘‘(A) the risks and exposures to the issuer 18 related to the pandemic, including risks to 19 health and worker safety faced by the issuer’s 20 employees and independent contractors; 21 ‘‘(B) the steps the issuer is taking to miti- 22 gate such risks and exposures, including meas- 23 ures to protect the workforce, including infor- 24 mation related to wages, healthcare, and leave; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 523 1 ‘‘(C) a preliminary view on the effect the 2 pandemic may have on the issuer’s business, 3 solvency, and workforce; and 4 ‘‘(D) all other material information. 5 ‘‘(2) UPDATES.—Disclosures required under 6 this subsection shall be updated when there are ma- 7 terial changes. 8 ‘‘(3) PUBLIC AVAILABILITY OF REPORTS.—The 9 Commission shall make each report filed to the 10 Commission under paragraph (1) available to the 11 public, including on the website of the Commis- 12 sion.’’. 13 (b) APPLICATION.—Section 13(t) of the Securities 14 Exchange Act of 1934, as added by subsection (a), shall 15 apply to a pandemic declared by the World Health Organi16 zation that is in existence on the date of enactment of 17 this Act or that is declared after the date of enactment 18 of this Act. 19 SEC. 405. OVERSIGHT OF FEDERAL AID RELATED TO 20 COVID–19. 21 (a) CONGRESSIONAL COVID–19 AID OVERSIGHT 22 PANEL.— 23 (1) ESTABLISHMENT.—There is hereby estab- 24 lished the Congressional COVID–19 Aid Oversight 25 Panel (hereafter in this subsection referred to as the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00523 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 524 1 ‘‘Oversight Panel’’) as an establishment in the legis- 2 lative branch. 3 (2) DUTIES.—The Oversight Panel shall review 4 the current state of the financial markets and the 5 regulatory system and submit regular reports to 6 Congress on the following: 7 (A) The use of Federal aid provided during 8 the COVID–19 emergency. 9 (B) The impact of Federal aid related to 10 COVID–19 on the financial markets and finan- 11 cial institutions. 12 (3) MEMBERSHIP.— 13 (A) IN 14 GENERAL.—The Oversight Panel shall consist of 5 members, as follows: 15 (i) 1 member appointed by the Speak- 16 er of the House of Representatives. 17 (ii) 1 member appointed by the minor- 18 ity leader of the House of Representatives. 19 (iii) 1 member appointed by the ma- 20 jority leader of the Senate. 21 (iv) 1 member appointed by the mi- 22 nority leader of the Senate. 23 (v) 1 member appointed by the Speak- 24 er of the House of Representatives and the 25 majority leader of the Senate, after con- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00524 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 525 1 sultation with the minority leader of the 2 Senate and the minority leader of the 3 House of Representatives. 4 (B) PAY.—Each member of the Oversight 5 Panel shall each be paid at a rate equal to the 6 daily equivalent of the annual rate of basic pay 7 for level I of the Executive Schedule for each 8 day (including travel time) during which such 9 member is engaged in the actual performance of 10 duties vested in the Commission. 11 (C) PROHIBITION OF COMPENSATION OF 12 FEDERAL EMPLOYEES.—Members 13 sight Panel who are full-time officers or em- 14 ployees of the United States or Members of 15 Congress may not receive additional pay, allow- 16 ances, or benefits by reason of their service on 17 the Oversight Panel. 18 (D) TRAVEL of the Over- EXPENSES.—Each member 19 shall receive travel expenses, including per diem 20 in lieu of subsistence, in accordance with appli- 21 cable provisions under subchapter I of chapter 22 57 of title 5, United States Code. 23 (E) QUORUM.—Four members of the Over- 24 sight Panel shall constitute a quorum but a 25 lesser number may hold hearings. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00525 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 526 1 (F) VACANCIES.—A vacancy on the Over- 2 sight Panel shall be filled in the manner in 3 which the original appointment was made. 4 (G) MEETINGS.—The Oversight Panel 5 shall meet at the call of the Chairperson or a 6 majority of its members. 7 (4) STAFF.— 8 (A) IN 9 GENERAL.—The Oversight Panel may appoint and fix the pay of any personnel 10 as the Oversight Panel considers appropriate. 11 (B) EXPERTS AND CONSULTANTS.—The 12 Oversight Panel may procure temporary and 13 intermittent services under section 3109(b) of 14 title 5, United States Code. 15 (C) STAFF OF AGENCIES.—Upon request 16 of the Oversight Panel, the head of any Federal 17 department or agency may detail, on a reim- 18 bursable basis, any of the personnel of that de- 19 partment or agency to the Oversight Panel to 20 assist it in carrying out its duties under this 21 section. 22 (5) POWERS.— 23 (A) HEARINGS AND SESSIONS.—The Over- 24 sight Panel may, for the purpose of carrying 25 out this section, hold hearings, sit and act at L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00526 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 527 1 times and places, take testimony, and receive 2 evidence as the Panel considers appropriate and 3 may administer oaths or affirmations to wit- 4 nesses appearing before it. 5 (B) POWERS OF MEMBERS AND AGENTS.— 6 Any member or agent of the Oversight Panel 7 may, if authorized by the Oversight Panel, take 8 any action which the Oversight Panel is author- 9 ized to take by this section. 10 (C) OBTAINING OFFICIAL DATA.—The 11 Oversight Panel may secure directly from any 12 department or agency of the United States in- 13 formation necessary to enable it to carry out 14 this section. Upon request of the Chairperson of 15 the Oversight Panel, the head of that depart- 16 ment or agency shall furnish that information 17 to the Oversight Panel. 18 (D) REPORTS.—The Oversight Panel shall 19 receive and consider all reports required to be 20 submitted to the Oversight Panel under this 21 section. 22 (6) AUTHORIZATION OF APPROPRIATIONS.— 23 There is authorized to be appropriated to the Over- 24 sight Panel such sums as may be necessary for any 25 fiscal year, half of which shall be derived from the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00527 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 528 1 applicable account of the House of Representatives, 2 and half of which shall be derived from the contin- 3 gent fund of the Senate. 4 (7) SUNSET.—The Oversight Panel established 5 by this subsection shall terminate on the date that 6 is two years following the termination by the Federal 7 Emergency Management Agency of the emergency 8 declared on March 13, 2020, by the President under 9 the Robert T. Stafford Disaster Relief and Emer- 10 gency Act (42 U.S.C. 4121 et seq.) relating to the 11 Coronavirus Disease 2019 (COVID–19) pandemic. 12 (8) DEFINITIONS.—In this subsection: 13 (A) COVID–19 EMERGENCY.—The term 14 ‘‘COVID–19 emergency’’ means the period that 15 begins upon the date of the enactment of this 16 Act and ends one year after the termination by 17 the Federal Emergency Management Agency of 18 the emergency declared on March 13, 2020, by 19 the President under the Robert T. Stafford Dis- 20 aster Relief and Emergency Act (42 U.S.C. 21 4121 et seq.) relating to the Coronavirus Dis- 22 ease 2019 (COVID–19) pandemic. 23 (B) FEDERAL AID.—The term ‘‘Federal 24 aid’’ means any emergency lending provided 25 under section 13(3) of the Federal Reserve Act L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00528 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 529 1 or any Federal financial support in the form of 2 a grant, loan, or loan guarantee. 3 (b) SPECIAL INSPECTOR GENERAL AUTHORITY OVER 4 FEDERAL AID RELATED TO COVID–19.—Section 121 of 5 the Emergency Economic Stabilization Act of 2008 (12 6 U.S.C. 5231) is amended— 7 (1) in subsection (k)— 8 (A) in paragraph (1), by striking ‘‘or’’ at 9 the end; 10 (B) in paragraph (2), by striking the pe- 11 riod at the end and inserting ‘‘; or’’; and 12 (C) by adding at the end the following: 13 ‘‘(3) the date on which all Federal aid related 14 to the COVID–19 emergency is repaid.’’; and 15 (2) by adding at the end the following: 16 ‘‘(l) RESPONSIBILITY WITH RESPECT TO FEDERAL 17 AID RELATED TO COVID–19.— 18 ‘‘(1) IN GENERAL.—The Special Inspector Gen- 19 eral shall have the same authority and responsibil- 20 ities with respect to Federal aid provided during the 21 COVID–19 emergency as the Special Inspector Gen- 22 eral has with respect to financial assistance (includ- 23 ing the purchase of troubled assets) provided under 24 this title. 25 ‘‘(2) DEFINITIONS.—In this section: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00529 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 530 1 EMERGENCY.—The ‘‘(A) COVID–19 term 2 ‘COVID–19 emergency’ means the period that 3 begins upon the date of the enactment of this 4 Act and ends one year after the termination by 5 the Federal Emergency Management Agency of 6 the emergency declared on March 13, 2020, by 7 the President under the Robert T. Stafford Dis- 8 aster Relief and Emergency Act (42 U.S.C. 9 4121 et seq.) relating to the Coronavirus Dis- 10 ease 2019 (COVID–19) pandemic. 11 ‘‘(B) FEDERAL AID.—The term ‘Federal 12 aid’ means any emergency lending provided 13 under section 13(3) of the Federal Reserve Act 14 or any Federal financial support in the form of 15 a grant, loan, or loan guarantee.’’. 16 SEC. 406. INTERNATIONAL FINANCIAL INSTITUTIONS. 17 (a) UNITED STATES PARTICIPATION 18 TRIBUTIONS TO, THE 19 THE IN, AND CON- NINETEENTH REPLENISHMENT OF RESOURCES OF THE INTERNATIONAL DEVELOPMENT 20 ASSOCIATION.— The International Development Associa21 tion Act (22 U.S.C. 284 et seq.) is amended by adding 22 at the end the following: 23 ‘‘SEC. 31. NINETEENTH REPLENISHMENT. 24 ‘‘(a) The United States Governor of the International 25 Development Association is authorized to contribute on L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00530 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 531 1 behalf of the United States $3,004,200,000 to the nine2 teenth replenishment of the resources of the Association, 3 subject to obtaining the necessary appropriations. 4 ‘‘(b) In order to pay for the United States contribu- 5 tion provided for in subsection (a), there are authorized 6 to be appropriated, without fiscal year limitation, 7 $3,004,200,000 for payment by the Secretary of the 8 Treasury.’’. 9 (b) UNITED STATES PARTICIPATION 10 TRIBUTIONS TO, THE 11 THE RESOURCES OF IN, AND CON- FIFTEENTH REPLENISHMENT THE OF AFRICAN DEVELOPMENT 12 FUND.—The African Development Fund Act (22 U.S.C. 13 290g et seq.) is amended by adding at the end the fol14 lowing: 15 ‘‘SEC. 226. FIFTEENTH REPLENISHMENT. 16 ‘‘(a) The United States Governor of the Fund is au- 17 thorized to contribute on behalf of the United States 18 $513,900,000 to the fifteenth replenishment of the re19 sources of the Fund, subject to obtaining the necessary 20 appropriations. 21 ‘‘(b) In order to pay for the United States contribu- 22 tion provided for in subsection (a), there are authorized 23 to be appropriated, without fiscal year limitation, 24 $513,900,000 for payment by the Secretary of the Treas25 ury.’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00531 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 532 1 (c) UNITED STATES PARTICIPATION 2 TRIBUTIONS TO, THE 3 THE IN, AND CON- SEVENTH CAPITAL INCREASE FOR AFRICAN DEVELOPMENT BANK.— The African De- 4 velopment Bank Act (22 U.S.C. 290i et seq.) is amended 5 by adding at the end the following: 6 ‘‘SEC. 1345. SEVENTH CAPITAL INCREASE. 7 ‘‘(a) SUBSCRIPTION AUTHORIZED.— 8 ‘‘(1) The United States Governor of the Bank 9 may subscribe on behalf of the United States to 10 532,023 additional shares of the capital stock of the 11 Bank. 12 ‘‘(2) Any subscription by the United States to 13 the capital stock of the Bank shall be effective only 14 to such extent and in such amounts as are provided 15 in advance in appropriations Acts. 16 ‘‘(b) LIMITATIONS 17 ON AUTHORIZATION OF APPRO- PRIATIONS.— 18 ‘‘(1) In order to pay for the increase in the 19 United States subscription to the Bank under sub- 20 section (a), there are authorized to be appropriated, 21 without fiscal year limitation, $7,286,587,008 for 22 payment by the Secretary of the Treasury. 23 ‘‘(2) Of the amount authorized to be appro- 24 priated under paragraph (1)— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 533 1 ‘‘(A) $437,190,016 shall be for paid in 2 shares of the Bank; and 3 ‘‘(B) $6,849,396,992 shall be for callable 4 5 shares of the Bank.’’. SEC. 407. CONDITIONS ON FEDERAL AID TO CORPORA- 6 TIONS. 7 (a) REQUIREMENTS ON ALL CORPORATIONS UNTIL 8 FEDERAL AID RELATED TO COVID–19 IS REPAID.—Any 9 corporation that receives Federal aid related to COVID– 10 19 shall, until the date on which all such Federal aid is 11 repaid by the corporation to the Federal Government, 12 comply with the following: 13 (1) RESTRICTIONS ON EXECUTIVE BONUSES.— 14 The corporation may not pay a bonus to any execu- 15 tive of the corporation. 16 (2) BAN ON EXECUTIVE GOLDEN PARA- 17 CHUTES.—The 18 compensation (whether present, deferred, or contin- 19 gent) to an executive of the corporation, if such com- 20 pensation is in connection with the termination of 21 employment of the executive. 22 (3) BAN 23 corporation may not pay any type of ON STOCK BUYBACKS.—The corpora- tion may not purchase securities of the corporation. 24 (4) BAN 25 ON DIVIDENDS.—The corporation may not pay dividends on securities of the corporation. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00533 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 534 1 ON FEDERAL LOBBYING.—The (5) BAN cor- 2 poration may not carry out any Federal lobbying ac- 3 tivities. 4 (b) PERMANENT REQUIREMENTS ON ACCELERATED 5 FILERS RECEIVING FEDERAL AID RELATED TO COVID– 6 19.— 7 (1) IN GENERAL.—An accelerated filer that re- 8 ceives Federal aid related to COVID–19 shall per- 9 manently comply with the following: 10 (A) WORKER 11 (i) IN BOARD REPRESENTATION.— GENERAL.—At least 1⁄3 of the 12 members of the accelerated filer’s directors 13 are chosen by the employees of the acceler- 14 ated filer in a one-employee-one-vote elec- 15 tion process. 16 (ii) COMPLIANCE DATE.—An acceler- 17 ated filer shall comply with the require- 18 ments under clause (i) not later than the 19 end of the 2-year period beginning on the 20 date of enactment of this Act. 21 (iii) DEFINITIONS.—In this subpara- 22 graph— 23 (I) the term ‘‘director’’ has the 24 meaning given the term in section 3 L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00534 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 535 1 of the Securities Exchange Act of 2 1934 (15 U.S.C. 78c); and 3 (II) the term ‘‘employee’’ has the 4 meaning given the term in section 2 5 of the National Labor Relations Act 6 (29 U.S.C. 152). 7 (B) ADDITIONAL DISCLOSURES.—If the se- 8 curities of the corporation are traded on a na- 9 tional securities exchange, the corporation shall 10 issue the following disclosures to the Securities 11 and Exchange Commission on a quarterly basis 12 (and make such disclosures available to share- 13 holders of the corporation and the public): 14 (i) The political spending disclosures 15 required under paragraph (2). 16 (ii) The human capital management 17 disclosures required under paragraph (3). 18 (iii) The environmental, social, and 19 governance 20 paragraph (4). 21 disclosures required under (iv) The Federal aid disclosures re- 22 quired under paragraph (5). 23 (v) The disclosures of financial per- 24 formance on a country-by-country basis re- 25 quired under paragraph (6). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00535 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 536 1 (2) POLITICAL 2 (A) IN SPENDING DISCLOSURES.— GENERAL.—With respect to an ac- 3 celerated filer, the disclosures required under 4 this paragraph are— 5 (i) a description of any expenditure 6 for political activities made during the pre- 7 ceding quarter; 8 (ii) the date of each expenditure for 9 political activities; 10 (iii) the amount of each expenditure 11 for political activities; 12 (iv) if the expenditure for political ac- 13 tivities was made in support of or opposed 14 to a candidate, the name of the candidate 15 and the office sought by, and the political 16 party affiliation of, the candidate; 17 (v) the name or identity of trade asso- 18 ciations or organizations described in sec- 19 tion 501(c) of the Internal Revenue Code 20 of 1986 and exempt from tax under sec- 21 tion 501(a) of such Code which receive 22 dues or other payments as described in 23 paragraph (1)(A)(i)(III); 24 (vi) a summary of each expenditure 25 for political activities made during the pre- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00536 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 537 1 ceding year in excess of $10,000, and each 2 expenditure for political activities for a 3 particular election if the total amount of 4 such expenditures for that election is in ex- 5 cess of $10,000; 6 (vii) a description of the specific na- 7 ture of any expenditure for political activi- 8 ties the corporation intends to make for 9 the forthcoming fiscal year, to the extent 10 the specific nature is known to the cor- 11 poration; and 12 (viii) the total amount of expenditures 13 for political activities intended to be made 14 by the corporation for the forthcoming fis- 15 cal year. 16 (B) DEFINITIONS.—In this paragraph: 17 (i) EXPENDITURE 18 TIVITIES.—The 19 litical activities’’— 20 FOR POLITICAL AC- term ‘‘expenditure for po- (I) means— 21 (aa) an independent expend- 22 iture 23 301(17) of the Federal Election 24 Campaign 25 U.S.C. 30101(17))); (as defined Act of in section 1971 (52 L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00537 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 538 1 (bb) an electioneering com- 2 munication (as defined in section 3 304(f)(3) of that Act (52 U.S.C. 4 30104(f)(3))) and any other pub- 5 lic communication (as defined in 6 section 301(22) of that Act (52 7 U.S.C. 30101(22))) that would 8 be an electioneering communica- 9 tion if it were a broadcast, cable, 10 or satellite communication; or 11 (cc) dues or other payments 12 to trade associations or organiza- 13 tions described in section 501(c) 14 of the Internal Revenue Code of 15 1986 and exempt from tax under 16 section 501(a) of that Code that 17 are, or could reasonably be an- 18 ticipated to be, used or trans- 19 ferred to another association or 20 organization for the purposes de- 21 scribed in item (aa) or (bb); and 22 (II) does not include— 23 (aa) direct lobbying efforts 24 through registered lobbyists em- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00538 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 539 1 ployed or hired by the corpora- 2 tion; 3 (bb) communications by a 4 corporation to its shareholders 5 and executive or administrative 6 personnel and their families; or 7 (cc) the establishment and 8 administration of contributions to 9 a separate segregated fund to be 10 utilized for political purposes by 11 a corporation. 12 (ii) EXCEPTION.—The term ‘‘corpora- 13 tion’’ does not include an investment com- 14 pany registered under section 8 of the In- 15 vestment Company Act of 1940 (15 U.S.C. 16 80a–8). 17 (3) HUMAN CAPITAL MANAGEMENT DISCLO- 18 SURES.—With 19 disclosures required under this paragraph are the 20 following: respect to an accelerated filer, the 21 (A) Workforce demographic information, 22 including the number of full-time employees, 23 the number of part-time employees, the number 24 of contingent workers (including temporary and 25 contract workers), and any policies or practices L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00539 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 540 1 relating to subcontracting, outsourcing, and 2 insourcing. 3 (B) Workforce stability information, in- 4 cluding information about the voluntary turn- 5 over or retention rate, the involuntary turnover 6 rate, the internal hiring rate, and the internal 7 promotion rate. 8 (C) Workforce composition, including data 9 on diversity (including racial and gender com- 10 position) and any policies and audits related to 11 diversity. 12 (D) Workforce skills and capabilities, in- 13 cluding information about training of employees 14 (including the average number of hours of 15 training and spending on training per employee 16 per year), skills gaps, and alignment of skills 17 and capabilities with business strategy. 18 (E) Workforce culture and empowerment, 19 including information about— 20 (i) policies and practices of the cor- 21 poration relating to freedom of association 22 and work-life balance initiatives; 23 (ii) any incidents of verified workplace 24 harassment in the previous 5 fiscal years 25 of the corporation; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00540 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 541 1 (iii) policies and practices of the cor- 2 poration relating to employee engagement 3 and 4 management discussion regarding— psychological 5 wellbeing, including (I) the creation of an autono- 6 mous work environment; 7 (II) fostering a sense of purpose 8 in the workforce; 9 (III) trust in management; and 10 (IV) a supportive, fair, and con- 11 structive workplace. 12 (F) Workforce health and safety, including 13 information about— 14 (i) the frequency, severity, and lost 15 time due to injuries, illness, and fatalities; 16 (ii) the total dollar value of assessed 17 fines under the Occupational Safety and 18 Health Act of 1970; 19 (iii) the total number of actions 20 brought under section 13 of the Occupa- 21 tional Safety and Health Act of 1970 to 22 prevent imminent dangers; and 23 (iv) the total number of actions 24 brought against the corporation under sec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00541 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 542 1 tion 11(c) of the Occupational Safety and 2 Health Act of 1970. 3 (G) Workforce compensation and incen- 4 tives, including information about— 5 (i) total workforce compensation, in- 6 cluding disaggregated information about 7 compensation for full-time, part-time, and 8 contingent workers; 9 (ii) policies and practices about how 10 performance, productivity, and sustain- 11 ability are considered when setting pay and 12 making promotion decisions; and 13 (iii) policies and practices relating to 14 any incentives and bonuses provided to em- 15 ployees below the named executive level 16 and any policies or practices designed to 17 counter any risks create by such incentives 18 and bonuses. 19 (H) Workforce recruiting, including infor- 20 mation about the quality of hire, new hire en- 21 gagement rate, and new hire retention rate. 22 (4) ENVIRONMENTAL, SOCIAL AND GOVERN- 23 ANCE DISCLOSURES.—With respect to an accelerated 24 filer, the disclosures required under this paragraph 25 are disclosures that satisfy the recommendations of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00542 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 543 1 the Task Force on Climate-related Financial Disclo- 2 sures of the Financial Stability Board as reported in 3 June, 2017. 4 (5) FEDERAL AID DISCLOSURES.—With respect 5 to an accelerated filer, the disclosure required under 6 this paragraph is a description of how the Federal 7 aid related to COVID–19 received by the corporation 8 is being used to support the corporation’s employees. 9 (6) DISCLOSURES 10 OF FINANCIAL PERFORMANCE ON A COUNTRY-BY-COUNTRY BASIS.— 11 (A) IN GENERAL.—With respect to an ac- 12 celerated filer, the disclosures required under 13 this paragraph are the following: 14 (i) CONSTITUENT ENTITY INFORMA- 15 TION.—Information 16 tity of the corporation, including the fol- 17 lowing: 18 on any constituent en- (I) The complete legal name of 19 the constituent entity. 20 (II) The tax jurisdiction, if any, 21 in which the constituent entity is resi- 22 dent for tax purposes. 23 (III) The tax jurisdiction in 24 which the constituent entity is orga- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00543 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 544 1 nized or incorporated (if different 2 from the tax jurisdiction of residence). 3 (IV) The tax identification num- 4 ber, if any, used for the constituent 5 entity by the tax administration of the 6 constituent entity’s tax jurisdiction of 7 residence. 8 (V) The main business activity or 9 activities of the constituent entity. 10 (ii) TAX JURISDICTION.—Information 11 on each tax jurisdiction in which one or 12 more constituent entities is resident, pre- 13 sented as an aggregated or consolidated 14 form of the information for the constituent 15 entities resident in each tax jurisdiction, 16 including the following: 17 (I) Revenues generated from 18 transactions with other constituent 19 entities. 20 (II) Revenues not generated from 21 transactions with other constituent 22 entities. 23 (III) Profit or loss before income 24 tax. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00544 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 545 1 (IV) Total income tax paid on a 2 cash basis to all tax jurisdictions. 3 (V) Total accrued tax expense re- 4 corded on taxable profits or losses. 5 (VI) Stated capital. 6 (VII) Total accumulated earn- 7 ings. 8 (VIII) Total number of employ- 9 ees on a full-time equivalent basis. 10 (IX) Net book value of tangible 11 assets, which, for purposes of this sec- 12 tion, does not include cash or cash 13 equivalents, intangibles, or financial 14 assets. 15 (iii) SPECIAL RULES.—The informa- 16 tion listed in clause (ii) shall be provided, 17 in aggregated or consolidated form, for any 18 constituent entity or entities that have no 19 tax jurisdiction of residence. In addition, if 20 a constituent entity is an owner of a con- 21 stituent entity that does not have a juris- 22 diction of tax residence, then the owner’s 23 share of such entity’s revenues and profits 24 will be aggregated or consolidated with the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00545 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 546 1 information for the owner’s tax jurisdiction 2 of residence. 3 (B) DEFINITIONS.—In this paragraph— 4 (i) the term ‘‘constituent entity’’ 5 means, with respect to an accelerated filer, 6 any separate business entity of the acceler- 7 ated filer; 8 (ii) the term ‘‘tax jurisdiction’’— 9 (I) means a country or a jurisdic- 10 tion that is not a country but that has 11 fiscal autonomy; and 12 (II) includes a territory or pos- 13 session of the United States that has 14 fiscal autonomy. 15 16 (c) PERMANENT REQUIREMENTS TIONS ON ALL CORPORA- RECEIVING FEDERAL AID RELATED TO COVID– 17 19.—Any corporation that receives Federal aid related to 18 COVID–19 shall permanently comply with the following: 19 (1) PAID LEAVE FOR WORKERS.—The corpora- 20 tion shall provide at least 14 days of paid leave to 21 workers (employees and contractors, full-time and 22 part-time) who— 23 (A) are unable to telework; 24 (B) need to be isolated or quarantined to 25 prevent the spread of COVID–19; or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00546 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 547 1 (C) need time off to care for the needs of 2 family members. 3 (2) MINIMUM WAGE.—The corporation shall 4 pay each employee (full-time and part-time) of the 5 corporation a wage of not less than $15 an hour, be- 6 ginning not later than January 1, 2021. 7 (3) LIMITATION ON CEO AND EXECUTIVE 8 PAY.—The 9 dian worker pay ratio of greater than 50 to 1 and 10 no officer or employee of the corporation may re- 11 ceived higher compensation than the chief executive 12 officer (or any equivalent position). 13 (d) REQUIREMENTS ON ALL CORPORATIONS RECEIV- 14 ING corporation may not have a CEO to me- FEDERAL AID RELATED TO COVID–19 UNTIL THE 15 END OF THE EMERGENCY.—Any corporation that receives 16 Federal aid related to COVID–19 shall, until the COVID– 17 19 emergency ends, comply with the following: 18 (1) WORKFORCE LEVELS AND BENEFITS.—The 19 corporation shall maintain at least the same work- 20 force levels and benefits that existed before the 21 COVID–19 emergency. 22 (2) MAINTENANCE OF WORKER PAY.—The cor- 23 poration shall maintain worker (employee or con- 24 tractor, full-time and part-time) pay throughout the 25 entire duration of the COVID–19 emergency at or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00547 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 548 1 above the pay level the worker was earning before 2 the emergency. 3 (3) MAINTENANCE OF COLLECTIVE BARGAINING 4 AGREEMENTS.—The 5 collective bargaining agreement that was in place at 6 the beginning of the COVID–19 emergency. 7 (e) ENFORCEMENT; RULEMAKING.—The Securities corporation may not alter any 8 and Exchange Commission and the Secretary of the 9 Treasury shall have the authority to enforce this section 10 and may issue such rules as may be necessary to carry 11 out this section. 12 (f) DEFINITIONS.—In this section: 13 (1) ACCELERATED FILER.—The Securities and 14 Exchange Commission shall define the term ‘‘accel- 15 erated filer’’ for purposes of this section. 16 (2) CEO TO MEDIAN WORKER PAY RATIO.— 17 With respect to an accelerated filer, the term ‘‘CEO 18 to median worker pay ratio’’ means the ratio of— 19 (A) the annual total compensation of the 20 chief executive officer (or any equivalent posi- 21 tion) of the corporation; and 22 (B) the median of the annual total com- 23 pensation of all employees of the corporation, 24 except the chief executive officer (or any equiva- 25 lent position) of the corporation. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00548 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 549 1 (3) COVID–19 EMERGENCY.—The term 2 ‘‘COVID–19 emergency’’ means the period that be- 3 gins upon the date of the enactment of this Act and 4 ends upon the termination by the Federal Emer- 5 gency Management Agency of the emergency de- 6 clared on March 13, 2020, by the President under 7 the Robert T. Stafford Disaster Relief and Emer- 8 gency Act (42 U.S.C. 4121 et seq.) relating to the 9 Coronavirus Disease 2019 (COVID–19). 10 (4) FEDERAL AID.—The term ‘‘Federal aid’’ 11 means any emergency lending provided under section 12 13(3) of the Federal Reserve Act or any Federal fi- 13 nancial support in the form of a grant, loan, or loan 14 guarantee. 15 (5) S CORPORATION.—The term ‘‘S corpora- 16 tion’’ has the meaning given that term under section 17 1361(a) of the Internal Revenue Code of 1986. 18 (6) SECURITIES TERMS.—The terms ‘‘national 19 securities exchange’’ and ‘‘security’’ have the mean- 20 ing given those terms, respectively, under section 3 21 of the Securities Exchange Act of 1934. 22 SEC. 408. AUTHORITY FOR WARRANTS AND DEBT INSTRU- 23 MENTS. 24 (a) DEFINITIONS.—In this section: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00549 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 550 1 (1) ASSET.—The term ‘‘asset’’ means any fi- 2 nancial instrument that the Secretary, after con- 3 sultation with the Chairman of the Board of Gov- 4 ernors of the Federal Reserve System, determines 5 the purchase of which or the guarantee of which is 6 necessary to promote economic stability. 7 (2) COMPANY.—The term ‘‘company’’ means 8 any entity that is not subject to the prohibitions in 9 subsection (e). 10 (3) SECRETARY.—The term ‘‘Secretary’’ means 11 the Secretary of the Treasury. 12 (b) WARRANT OR SENIOR DEBT INSTRUMENT.—The 13 Secretary may not purchase, or make any commitment to 14 purchase, or guarantee, or make any commitment to guar15 antee, any asset in response to the coronavirus disease 16 (COVID–19) outbreak, unless the Secretary receives from 17 the company from which such assets are to be purchased 18 or are to be guaranteed— 19 (1) in the case of a company, the securities of 20 which are traded on a national securities exchange, 21 a warrant giving the right to the Secretary to receive 22 preferred voting stock; or 23 (2) in the case of any company other than one 24 described in paragraph (1), a warrant for preferred L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00550 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 551 1 voting stock, or a senior debt instrument from such 2 company. 3 (c) TERMS AND CONDITIONS.—The terms and condi- 4 tions of any warrant or senior debt instrument required 5 under subsection (b) shall meet the following require6 ments: 7 (1) PURPOSES.—Such terms and conditions 8 shall, at a minimum, be designed— 9 (A) to provide for reasonable participation 10 by the Secretary, for the benefit of taxpayers, 11 in equity appreciation in the case of a warrant 12 or other equity security, or a reasonable interest 13 rate premium, in the case of a debt instrument; 14 and 15 (B) to provide additional protection for the 16 taxpayer against losses from sale of assets by 17 the Secretary and any associated administrative 18 expenses. 19 (2) TERMS OF PREFERRED VOTING STOCK.— 20 Any preferred voting stock received from a company 21 should include the following terms: 22 (A) VOTING RIGHTS.—The Secretary shall 23 have the right to vote on matters brought be- 24 fore the stockholders generally. The Secretary 25 shall control a percentage of votes equal to the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00551 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 552 1 percentage of the total value of the company 2 the government’s share will represent after the 3 investment. 4 (B) BANKRUPTCY IMMUNITY.—The rights 5 associated with the preferred voting stock shall 6 not be subject to modification, amendment, or 7 any change by the bankruptcy laws of the 8 United States or any other state. 9 (3) AUTHORITY 10 TO SELL, EXERCISE, OR SUR- RENDER.— 11 (A) IN GENERAL.—For the primary benefit 12 of taxpayers, the Secretary may sell, exercise, 13 or surrender a warrant or any senior debt in- 14 strument received under this section, based on 15 the conditions established under paragraph (1). 16 (B) PROCEEDS.—Of any proceeds received 17 through the sale, exercise, or surrender of any 18 warrant or any senior debt instrument— 19 (i) 65 percent shall be transferred or 20 credited to the Housing Trust Fund estab- 21 lished under section 1338 of the Federal 22 Housing Enterprises Financial Safety and 23 Soundness Act of 1992 (12 U.S.C. 4568); 24 and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00552 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 553 1 (ii) 35 percent shall be transferred or 2 credited to the Capital Magnet Fund under 3 section 1339 of the Federal Housing En- 4 terprises Financial Safety and Soundness 5 Act of 1992 (12 U.S.C. 4569). 6 (4) CONVERSION.—The warrant shall provide 7 that if, after the warrant is received by the Sec- 8 retary under this section, the company that issued 9 the warrant is no longer listed or traded on a na- 10 tional securities exchange or securities association, 11 as described in subsection (b)(1), the Secretary will 12 have an option to convert the warrants to senior 13 debt to ensure that the Treasury is appropriately 14 compensated for the value of the warrant, in an 15 amount determined by the Secretary for the primary 16 benefit of taxpayers. 17 (5) PROTECTIONS.—Any warrant representing 18 securities to be received by the Secretary under this 19 section shall contain anti-dilution provisions of the 20 type employed in capital market transactions, as de- 21 termined by the Secretary for the primary benefit of 22 taxpayers. Such provisions shall protect the value of 23 the securities from market transactions such as 24 stock splits, stock distributions, dividends, and other L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00553 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 554 1 distributions, mergers, and other forms of reorga- 2 nization or recapitalization. 3 (6) EXERCISE PRICE.—The exercise price for 4 any warrant issued pursuant to this section shall be 5 set by the Secretary, for the primary benefit of tax- 6 payers. 7 (7) SUFFICIENCY.—The company shall guar- 8 antee to the Secretary that it has authorized shares 9 of stock available to fulfill its obligations under this 10 section. Should the company not have sufficient au- 11 thorized shares, including preferred shares that may 12 carry dividend rights equal to a multiple number of 13 common shares, the Secretary may, to the extent 14 necessary for the primary benefit of taxpayers, ac- 15 cept a senior debt note in an amount, and on such 16 terms as will compensate the Secretary with equiva- 17 lent value, in the event that a sufficient shareholder 18 vote to authorize the necessary additional shares 19 cannot be obtained. 20 (d) EXCEPTIONS.—The Secretary may establish an 21 exception to the requirements of this section and appro22 priate alternative requirements for any participating com23 pany that is legally prohibited from issuing securities and 24 debt instruments, so as not to allow circumvention of the 25 requirements of this section. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00554 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 555 1 (e) PROHIBITIONS OF FOREIGN COMPANIES.— 2 (1) IN GENERAL.—The Secretary may not pur- 3 chase, or make any commitment to purchase, or 4 guarantee, or make any commitment to guarantee, 5 any asset in response to the coronavirus disease 6 (COVID–19) outbreak from— 7 (A) any foreign incorporated entity that 8 the Secretary has determined is an inverted do- 9 mestic corporation or any subsidiary of such en- 10 tity; or 11 (B) any joint venture if more than 10 per- 12 cent of the joint venture (by vote or value) is 13 held by a foreign incorporated entity that the 14 Secretary has determined is an inverted domes- 15 tic corporation or any subsidiary of such entity. 16 (2) INVERTED 17 (A) IN DOMESTIC CORPORATION.— GENERAL.—For purposes of this 18 subsection, a foreign incorporated entity shall 19 be treated as an inverted domestic corporation 20 if, pursuant to a plan (or a series of related 21 transactions)— 22 (i) the entity completes on or after 23 May 8, 2014, the direct or indirect acquisi- 24 tion of— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00555 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 556 1 (I) substantially all of the prop- 2 erties held directly or indirectly by a 3 domestic corporation; or 4 (II) substantially all of the assets 5 of, or substantially all of the prop- 6 erties constituting a trade or business 7 of, a domestic partnership; and 8 (ii) after the acquisition, either— 9 (I) more than 50 percent of the 10 stock (by vote or value) of the entity 11 is held— 12 (aa) in the case of an acqui- 13 sition with respect to a domestic 14 corporation, by former share- 15 holders of the domestic corpora- 16 tion by reason of holding stock in 17 the domestic corporation; or 18 (bb) in the case of an acqui- 19 sition with respect to a domestic 20 partnership, by former partners 21 of the domestic partnership by 22 reason of holding a capital or 23 profits interest in the domestic 24 partnership; or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00556 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 557 1 (II) the management and control 2 of the expanded affiliated group which 3 includes the entity occurs, directly or 4 indirectly, primarily within the United 5 States, as determined pursuant to 6 regulations prescribed by the Sec- 7 retary, and such expanded affiliated 8 group has significant domestic busi- 9 ness activities. 10 (B) EXCEPTION FOR CORPORATIONS WITH 11 SUBSTANTIAL BUSINESS ACTIVITIES IN FOR- 12 EIGN COUNTRY OF ORGANIZATION.— 13 (i) IN GENERAL.—A foreign incor- 14 porated entity described in subparagraph 15 (A) shall not be treated as an inverted do- 16 mestic corporation if after the acquisition 17 the expanded affiliated group which in- 18 cludes the entity has substantial business 19 activities in the foreign country in which or 20 under the law of which the entity is cre- 21 ated or organized when compared to the 22 total business activities of such expanded 23 affiliated group. 24 (ii) SUBSTANTIAL 25 BUSINESS ACTIVI- TIES.—The Secretary shall establish regu- Frm 00557 Sfmt 6201 L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Fmt 6652 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 558 1 lations for determining whether an affili- 2 ated group has substantial business activi- 3 ties for purposes of clause (i), except that 4 such regulations may not treat any group 5 as having substantial business activities if 6 such group would not be considered to 7 have substantial business activities under 8 the regulations prescribed under section 9 7874 of the Internal Revenue Code of 10 1986, as in effect on January 18, 2017. 11 (C) SIGNIFICANT 12 DOMESTIC BUSINESS AC- TIVITIES.— 13 (i) IN GENERAL.—For purposes of 14 subparagraph (A)(ii)(II), an expanded af- 15 filiated group has significant domestic 16 business activities if at least 25 percent 17 of— 18 (I) the employees of the group 19 are based in the United States; 20 (II) the employee compensation 21 incurred by the group is incurred with 22 respect to employees based in the 23 United States; 24 (III) the assets of the group are 25 located in the United States; or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 559 1 (IV) the income of the group is 2 derived in the United States. 3 (ii) DETERMINATION.—Determina- 4 tions pursuant to clause (i) shall be made 5 in the same manner as such determina- 6 tions are made for purposes of determining 7 substantial business activities under regu- 8 lations referred to in subparagraph (B) as 9 in effect on January 18, 2017, but applied 10 by treating all references in such regula- 11 tions to ‘‘foreign country’’ and ‘‘relevant 12 foreign country’’ as references to ‘‘the 13 United States’’. The Secretary may issue 14 regulations decreasing the threshold per- 15 cent in any of the tests under such regula- 16 tions for determining if business activities 17 constitute significant domestic business ac- 18 tivities for purposes of this subparagraph. 19 (3) WAIVER.— 20 (A) IN GENERAL.—The Secretary may 21 waive paragraph (1) if the Secretary determines 22 that the waiver is— 23 (i) required in the interest of national 24 security; or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00559 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 560 1 (ii) necessary for the efficient or effec- 2 tive administration of Federal or federally 3 funded— 4 (I) programs that provide health 5 benefits to individuals; or 6 (II) public health programs. 7 (B) REPORT TO CONGRESS.—The Sec- 8 retary shall, not later than 14 days after 9 issuing such waiver, submit a written notifica- 10 tion of the waiver to the relevant authorizing 11 committees of Congress and the Committees on 12 Appropriations of the Senate and the House of 13 Representatives. 14 (4) DEFINITIONS AND SPECIAL RULES.— 15 (A) DEFINITIONS.—In this subsection, the 16 terms ‘‘expanded affiliated group’’, ‘‘foreign in- 17 corporated entity’’, ‘‘domestic’’, and ‘‘foreign’’ 18 have the meaning given those terms in section 19 835(c) of the Homeland Security Act of 2002 20 (6 U.S.C. 395(c)). 21 (B) SPECIAL RULES.—In applying para- 22 graph (2) of this subsection for purposes of 23 paragraph (1) of this subsection, the rules de- 24 scribed under 835(c)(1) of the Homeland Secu- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00560 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 561 1 rity Act of 2002 (6 U.S.C. 395(c)(1)) shall 2 apply. 3 (5) REGULATIONS 4 REGARDING MANAGEMENT AND CONTROL.— 5 (A) IN GENERAL.—The Secretary shall, for 6 purposes of this subsection, prescribe regula- 7 tions for purposes of determining cases in which 8 the management and control of an expanded af- 9 filiated group is to be treated as occurring, di- 10 rectly or indirectly, primarily within the United 11 States. The regulations prescribed under the 12 preceding sentence shall apply to periods after 13 May 8, 2014. 14 (B) EXECUTIVE OFFICERS AND SENIOR 15 MANAGEMENT.—The 16 under subparagraph (A) shall provide that the 17 management and control of an expanded affili- 18 ated group shall be treated as occurring, di- 19 rectly or indirectly, primarily within the United 20 States if substantially all of the executive offi- 21 cers and senior management of the expanded 22 affiliated group who exercise day-to-day respon- 23 sibility for making decisions involving strategic, 24 financial, and operational policies of the ex- 25 panded affiliated group are based or primarily regulations prescribed L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00561 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 562 1 located within the United States. Individuals 2 who in fact exercise such day-to-day responsibil- 3 ities shall be treated as executive officers and 4 senior management regardless of their title. 5 (f) PREEMPTION.—Any State or Federal laws that 6 prohibit the transactions authorized by this statute, in7 cluding state or federal laws that prohibit company direc8 tors from agreeing to the transactions authorized by this 9 statute, are preempted and superseded by this statute. 10 SEC. 409. AUTHORIZATION TO PARTICIPATE IN THE NEW 11 ARRANGEMENTS TO BORROW OF THE INTER- 12 NATIONAL MONETARY FUND. 13 Section 17 of the Bretton Woods Agreements Act (22 14 U.S.C. 286e-2) is amended— 15 (1) in subsection (a)— 16 (A) by redesignating paragraphs (3) 17 through (5) as paragraphs (4) through (6) and 18 inserting after paragraph (2) the following: 19 ‘‘(3) In order to carry out the purposes of a 20 one-time decision of the Executive Directors of the 21 International Monetary Fund (the Fund) to expand 22 the resources of the New Arrangements to Borrow, 23 established pursuant to the decision of January 27, 24 1997 referred to in paragraph (1) above, the Sec- 25 retary of the Treasury is authorized to make loans, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00562 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 563 1 in an amount not to exceed the dollar equivalent of 2 28,202,470,000 of Special Drawing Rights, in addi- 3 tion to any amounts previously authorized under this 4 section; except that prior to activation of the New 5 Arrangements to Borrow, the Secretary shall report 6 to Congress on whether supplementary resources are 7 needed to forestall or cope with an impairment of 8 the international monetary system and whether the 9 Fund has fully explored other means of funding to 10 the Fund.’’; and 11 (B) in paragraph (6) (as so redesignated 12 by subparagraph (A) of this paragraph), by 13 striking ‘‘December 16, 2022’’ and inserting 14 ‘‘December 31, 2025’’; and 15 (2) in subsection (e)(1), by inserting ‘‘(a)(3),’’ 16 17 after ‘‘(a)(2),’’. SEC. 410. EMERGENCY RELIEF THROUGH LOANS AND LOAN 18 GUARANTEES. 19 (a) IN GENERAL.—Notwithstanding any other provi- 20 sion of law, to provide liquidity to eligible businesses re21 lated to losses incurred as a direct result of coronavirus, 22 the Secretary is authorized to make or guarantee loans 23 to eligible businesses, including women-owned, minority24 owned, veteran-owned and rural businesses, that do not, 25 in the aggregate, exceed ø$150,000,000,000¿ and provide L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00563 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 564 1 the subsidy amounts necessary for such loans and loan 2 guarantees in accordance with the provisions of the Fed3 eral Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 4 (c) LOANS AND LOAN GUARANTEES.— 5 (1) IN GENERAL.—The Secretary shall review 6 and decide on applications for loans and loan guar- 7 antees under this section and may enter into agree- 8 ments to make or guarantee loans to one or more 9 obligors if the Secretary determines, in the Sec- 10 retary’s discretion, that— 11 (A) the obligor is a eligible business for 12 which credit is not reasonably available at the 13 time of the transaction; 14 (B) the intended obligation by the obligor 15 is prudently incurred; and 16 (C) the loan is sufficiently secured. 17 (2) TERMS 18 AND LIMITATIONS.— (A) FORMS; TERMS AND CONDITIONS.— 19 Subject to section 407 of this division, a loan 20 or loan guarantee shall be issued under this 21 section in such form and on such terms and 22 conditions and contain such covenants, rep- 23 resentatives, warranties, and requirements (in- 24 cluding requirements for audits) as the Sec- 25 retary determines appropriate. Any loans made L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00564 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 565 1 by the Secretary under this section shall be at 2 a rate not less than a rate determined by the 3 Secretary taking into consideration the current 4 average yield on outstanding marketable obliga- 5 tions of the United States of comparable matu- 6 rity. 7 (B) PROCEDURES.—As soon as prac- 8 ticable, but in no case later than 10 days after 9 the date of enactment of this Act, the Secretary 10 shall publish procedures for application and 11 minimum requirements, which may be supple- 12 mented by the Secretary in the Secretary’s dis- 13 cretion, for the making of loans and loan guar- 14 antees under this section. 15 (d) FINANCIAL PROTECTION OF GOVERNMENT.— 16 (1) IN GENERAL.—To the extent feasible and 17 practicable, the Secretary shall ensure that the Fed- 18 eral Government is compensated for the risk as- 19 sumed in making loans and loan guarantees under 20 this section. 21 (2) GOVERNMENT PARTICIPATION IN GAINS.—If 22 an eligible business receives a loan or loan guarantee 23 from the Federal Government under this section, the 24 Secretary is authorized to enter into contracts under 25 which the Federal Government, contingent on the fi- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00565 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 566 1 nancial success of the eligible business, would par- 2 ticipate in the gains of the eligible business or its se- 3 curity holders through the use of such instruments 4 as warrants, stock options, common or preferred 5 stock, or other appropriate equity instruments. 6 (e) DEPOSIT OF PROCEEDS.—Amounts collected by 7 the Secretary under this section, including the proceeds 8 of investments, earnings, and interest collected, shall be 9 deposited in the Treasury as miscellaneous receipts. 10 (f) ADMINISTRATIVE EXPENSES.—Notwithstanding 11 any other provision of law, the Secretary may use 12 $100,000,000 of the funds made available under this sec13 tion to pay costs and administrative expenses associated 14 with the provision of direct loans or guarantees authorized 15 under this section. 16 (g) CONFORMING AMENDMENT.—Section 5302(a)(1) 17 of title 31, United States Code, is amended— 18 (1) by striking ‘‘and’’ before ‘‘section 3’’; and 19 (2) by inserting ‘‘Financial Protections and As- 20 sistance for America’s Consumers, States, Busi- 21 nesses, and Vulnerable Populations Act,’’ before 22 ‘‘and for investing’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00566 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 567 1 SEC. 411. LIMITATION ON CERTAIN EMPLOYEE COMPENSA- 2 TION. 3 (a) IN GENERAL.—The Secretary may only enter into 4 a loan or loan agreement under section 410(a) with an 5 eligible business after the eligible business enters into a 6 legally binding agreement with the Secretary that, during 7 the period beginning March 1, 2020, and ending March 8 1, 2022 or the termination of the loan or loan agreement 9 under section 410(a), which is later, no officer or employee 10 of the eligible business— 11 (1) will receive from the eligible business total 12 compensation which exceeds $425,000, during any 13 12 consecutive months of such period; and 14 (2) will receive from the eligible business sever- 15 ance pay or other benefits upon termination of em- 16 ployment with the eligible business which exceeds 17 twice the compensation described in paragraph (1). 18 (b) TOTAL COMPENSATION DEFINED.—In this sec- 19 tion, the term ‘‘total compensation’’ includes salary, bo20 nuses, awards of stock, and other financial benefits pro21 vided by an eligible business to an officer or employee of 22 the eligible business. 23 SEC. 412. INTERNATIONAL FINANCE CORPORATION. 24 The International Finance Corporation Act (22 25 U.S.C. 282 et seq.) is amended by adding at the end the 26 following: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00567 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 568 1 ‘‘SEC. 18. CAPITAL INCREASES AND AMENDMENT TO THE 2 ARTICLES OF AGREEMENT. 3 ‘‘(a) VOTES AUTHORIZED.—The United States Gov- 4 ernor of the Corporation is authorized to vote in favor of— 5 ‘‘(1) a resolution to increase the authorized cap- 6 ital stock of the Corporation by 16,999,998 shares, 7 to implement the conversion of a portion of the re- 8 tained earnings of the Corporation into paid-in cap- 9 ital, which will result in the United States being 10 issued an additional 3,771,899 shares of capital 11 stock, without any cash contribution; 12 ‘‘(2) a resolution to increase the authorized cap- 13 ital stock of the Corporation on a general basis by 14 4,579,995 shares; and 15 ‘‘(3) a resolution to increase the authorized cap- 16 ital stock of the Corporation on a selective basis by 17 919,998 shares. 18 ‘‘(b) AMENDMENT 19 MENT.—The OF THE ARTICLES OF AGREE- United States Governor of the Corporation 20 is authorized to agree to and accept an amendment to Ar21 ticle II, Section 2(c)(ii) of the Articles of Agreement of 22 the Corporation that would increase the vote by which the 23 Board of Governors of the Corporation may increase the 24 capital stock of the Corporation from a four-fifths major25 ity to an 85 percent majority.’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00568 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 569 1 SEC. 413. OVERSIGHT AND REPORTS. 2 (a) OVERSIGHT.— 3 (1) SIGTARP.—As provided for under section 4 405 of this division, the Special Inspector General 5 for the Troubled Asset Relief Program (SIGTARP) 6 shall have oversight of the Secretary’s administra- 7 tion of the loans and loan guarantees provided under 8 section 410, the use of the funds by eligible busi- 9 nesses, and compliance with the requirements of sec- 10 tion 407. 11 (2) OVERSIGHT PANEL.—As provided for under 12 section 405 of this division, the Congressional 13 COVID–19 Aid Oversight Panel shall have oversight 14 of the Secretary’s administration of the loans and 15 loan guarantees provided under section 410, the use 16 of the funds by eligible businesses, and compliance 17 with the requirements of section 407. 18 (b) SECRETARY.—The Secretary shall, with respect 19 to the loans and loan guarantees provided under section 20 410, make such reports as are required under section 21 5302 of title 31, United States Code. 22 (c) GOVERNMENT ACCOUNTABILITY OFFICE.— 23 (1) STUDY.—The Comptroller General of the 24 United States shall conduct a study on the loans 25 and loan guarantees provided under section 410. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00569 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 570 1 (2) REPORT.—Not later than 9 months after 2 the date of enactment of this Act, and annually 3 thereafter through the year succeeding the last year 4 for which loans or loan guarantees provided under 5 section 410 are in effect, the Comptroller General 6 shall submit to the Committee on Financial Services, 7 the Committee on Appropriations, and the Com- 8 mittee on the Budget of the House of Representa- 9 tives and the Committee on Banking, Housing, and 10 Urban Affairs, the Committee on Appropriations, 11 and the Committee on the Budget of the Senate a 12 report on the loans and loan guarantees provided 13 under section 410. 14 (d) DIVERSITY REPORT.—The Congressional 15 COVID–19 Aid Oversight Panel, in conjunction with the 16 SIGTARP, shall collect diversity data from any corpora17 tion that receives Federal aid related to COVID–19, and 18 issue a report that will be made publicly available no later 19 than one year after the disbursement of funds. In addition 20 to any other data, the report shall include the following: 21 (1) EMPLOYEE DEMOGRAPHICS.—The gender, 22 race, and ethnic identity (and to the extent possible, 23 results disaggregated by ethnic group) of the cor- 24 poration’s employees, as otherwise known or pro- 25 vided voluntarily for the total number of employees L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00570 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 571 1 (full- and part-time) and the career level of employ- 2 ees (executive and manager versus employees in 3 other roles). 4 (2) SUPPLIER DIVERSITY.—The number and 5 dollar value invested with minority- and women- 6 owned suppliers (and to the extent possible, results 7 disaggregated by ethnic group), including profes- 8 sional services (legal and consulting) and asset man- 9 agers, and deposits and other accounts with minority 10 depository institutions, as compared to all vendor in- 11 vestments. 12 (3) PAY EQUITY.—A comparison of pay 13 amongst racial and ethnic minorities (and to the ex- 14 tent possible, results disaggregated by ethnic group) 15 as compared to their white counterparts and com- 16 parison of pay between men and women for similar 17 roles and assignments. 18 (4) CORPORATE BOARD DIVERSITY.—Corporate 19 board demographic data, including total number of 20 board members, gender, race and ethnic identity of 21 board members (and to the extent possible, results 22 disaggregated by ethnic group), as otherwise known 23 or provided voluntarily, board position titles, as well 24 as any leadership and subcommittee assignments. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00571 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 572 1 AND INCLUSION OFFICES.—The (5) DIVERSITY 2 reporting structure of lead diversity officials, number 3 of staff and budget dedicated to diversity and inclu- 4 sion initiatives. 5 (e) DIVERSITY INCLUSION INITIATIVES.—Any AND 6 corporation that receives Federal aid related to COVID– 7 19 must maintain officials and budget dedicated to diver8 sity and inclusion initiatives for no less than 5 years after 9 disbursement of funds. 10 SEC. 414. DEFINITIONS. 11 In this title: 12 (1) COVERED LOSS.—The term ‘‘covered loss’’ 13 includes losses, direct or incremental, incurred as a 14 result of COVID–19, as determined by the Sec- 15 retary. 16 (2) ELIGIBLE BUSINESS.—The term ‘‘eligible 17 business’’ means a United States business that has 18 incurred covered losses such that the continued oper- 19 ations of the business are jeopardized, as determined 20 by the Secretary, and that has not otherwise applied 21 for or received economic relief in the form of loans 22 or loan guarantees provided under any other provi- 23 sion of this Act. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00572 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 573 1 (3) SECRETARY.—The term ‘‘Secretary’’ means 2 the Secretary of the Treasury, or the designee of the 3 Secretary of the Treasury. 4 SEC. 415. RULE OF CONSTRUCTION. 5 Nothing in this title shall be construed to allow the 6 Secretary to provide relief to eligible businesses except in 7 the form of secured loans and loan guarantees as provided 8 in this title and under terms and conditions that are in 9 the interest of the Federal Government. TITLE V—INVESTING IN A SUSTAINABLE RECOVERY 10 11 12 SEC. 501. 13 IMPROVING CORPORATE GOVERNANCE THROUGH DIVERSITY. 14 (a) PURPOSE.—The purpose of this section, and the 15 amendment made by this section, is to create account16 ability to ensure that corporate boards reflect the diversity 17 and perspectives of the communities and consumers im18 pacted by the hardships due to the coronavirus disease 19 (COVID–19) outbreak and future major disasters. 20 21 (b) SUBMISSION OF DATA RELATING TO DIVERSITY BY ISSUERS.— 22 (1) IN GENERAL.—Section 13 of the Securities 23 Exchange Act of 1934 (15 U.S.C. 78m) is amended 24 by adding at the end the following: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00573 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 574 1 2 ‘‘(s) SUBMISSION OF DATA RELATING TO DIVER- SITY.— 3 ‘‘(1) DEFINITIONS.—In this subsection— 4 ‘‘(A) the term ‘executive officer’ has the 5 meaning given the term in section 230.501(f) of 6 title 17, Code of Federal Regulations, as in ef- 7 fect on the date of enactment of this subsection; 8 and 9 ‘‘(B) the term ‘veteran’ has the meaning 10 given the term in section 101 of title 38, United 11 States Code. 12 ‘‘(2) SUBMISSION OF DISCLOSURE.—Each 13 issuer required to file an annual report under sub- 14 section (a) shall disclose in any proxy statement and 15 any information statement relating to the election of 16 directors filed with the Commission the following: 17 ‘‘(A) Data, based on voluntary self-identi- 18 fication, on the racial, ethnic, and gender com- 19 position of— 20 ‘‘(i) the board of directors of the 21 issuer; 22 ‘‘(ii) nominees for the board of direc- 23 tors of the issuer; and 24 ‘‘(iii) the executive officers of the 25 issuer. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00574 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 575 1 ‘‘(B) The status of any member of the 2 board of directors of the issuer, any nominee 3 for the board of directors of the issuer, or any 4 executive officer of the issuer, based on vol- 5 untary self-identification, as a veteran. 6 ‘‘(C) Whether the board of directors of the 7 issuer, or any committee of that board of direc- 8 tors, has, as of the date on which the issuer 9 makes a disclosure under this paragraph, 10 adopted any policy, plan, or strategy to promote 11 racial, ethnic, and gender diversity among— 12 ‘‘(i) the board of directors of the 13 issuer; 14 ‘‘(ii) nominees for the board of direc- 15 tors of the issuer; or 16 ‘‘(iii) the executive officers of the 17 issuer. 18 ‘‘(3) ALTERNATIVE SUBMISSION.—In any 1- 19 year period in which an issuer required to file an an- 20 nual report under subsection (a) does not file with 21 the Commission a proxy statement relating to the 22 election of directors or an information statement, the 23 issuer shall disclose the information required under 24 paragraph (2) in the first annual report of issuer L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00575 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 576 1 that the issuer submits to the Commission after the 2 end of that 1-year period. 3 ‘‘(4) ANNUAL REPORT.—Not later than 18 4 months after the date of the enactment of this sub- 5 section, and annually thereafter, the Commission 6 shall submit to the Committee on Financial Services 7 of the House of Representatives and to the Com- 8 mittee on Banking, Housing, and Urban Affairs of 9 the Senate and publish on the website of the Com- 10 mission a report that analyzes the information dis- 11 closed pursuant to paragraphs (1), (2), and (3) and 12 identifies any trends in such information. 13 ‘‘(5) BEST 14 PRACTICES.— ‘‘(A) IN GENERAL.—The Director of the 15 Office of Minority and Women Inclusion of the 16 Commission shall, not later than the end of the 17 3-year period beginning on the date of the en- 18 actment of this subsection and every three 19 years thereafter, publish best practices for com- 20 pliance with this subsection. 21 ‘‘(B) COMMENTS.—The Director of the Of- 22 fice of Minority and Women Inclusion of the 23 Commission may, pursuant to subchapter II of 24 chapter 5 of title 5, United States Code, solicit L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00576 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 577 1 public comments related to the best practices 2 published under subparagraph (A).’’. 3 (2) RULEMAKING.— 4 (A) IN GENERAL.—The Securities and Ex- 5 change Commission shall issue rules to carry 6 out the amendment made by paragraph (1) 7 within the 6-month period beginning on the end 8 of the COVID–19 emergency period. 9 (B) COVID–19 EMERGENCY PERIOD DE- 10 FINED.—In 11 19 emergency period’’ means the period that 12 begins upon the date of the enactment of this 13 Act and ends upon the date of the termination 14 by the Federal Emergency Management Admin- 15 istration of the emergency declared on March 16 13, 2020, by the President under the Robert T. 17 Stafford Disaster Relief and Emergency Assist- 18 ance Act (42 U.S.C. 4121 et seq.) relating to 19 the Coronavirus Disease 2019 (COVID–19) 20 pandemic. 21 this subsection, the term ‘‘COVID– (c) DIVERSITY ADVISORY GROUP.— 22 (1) ESTABLISHMENT.—The Securities and Ex- 23 change Commission shall establish a Diversity Advi- 24 sory Group (the ‘‘Advisory Group’’), which shall be L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00577 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 578 1 composed of representatives from the government, 2 academia, and the private sector. 3 (2) STUDY 4 visory Group shall— AND RECOMMENDATIONS.—The Ad- 5 (A) carry out a study that identifies strate- 6 gies that can be used to increase gender, racial, 7 and ethnic diversity among members of boards 8 of directors of issuers; and 9 (B) not later than 9 months after the es- 10 tablishment of the Advisory Group, submit a re- 11 port to the Commission, the Committee on Fi- 12 nancial Services of the House of Representa- 13 tives, and the Committee on Banking, Housing, 14 and Urban Affairs of the Senate that— 15 (i) describes any findings from the 16 study conducted pursuant to subparagraph 17 (A); and 18 (ii) makes recommendations of strate- 19 gies that issuers could use to increase gen- 20 der, racial, and ethnic diversity among 21 board members. 22 (3) ANNUAL REPORT.—Not later than 1 year 23 following the submission of a report pursuant to 24 paragraph (2), and annually thereafter, the Commis- 25 sion shall submit a report to the Committee on Fi- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00578 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 579 1 nancial Services of the House of Representatives and 2 the Committee on Banking, Housing, and Urban Af- 3 fairs of the Senate that describes the status of gen- 4 der, racial, and ethnic diversity among members of 5 the board of directors of issuers. 6 (4) PUBLIC AVAILABILITY OF REPORTS.—The 7 Commission shall make all reports of the Advisory 8 Group available to issuers and the public, including 9 on the website of the Commission. 10 (5) DEFINITIONS.—For the purposes of this 11 subsection: 12 (A) ISSUER.—The term ‘‘issuer’’ has the 13 meaning given the term in section 3 of the Se- 14 curities Exchange Act of 1934. 15 (B) COMMISSION.—The term ‘‘Commis- 16 sion’’ means the Securities and Exchange Com- 17 mission. 18 SEC. 502. DIVERSE INVESTMENT ADVISERS. 19 (a) FINDINGS.—The Congress finds the following: 20 (1) Diverse individual-owned and controlled 21 firms continue to face obstacles, such as discrimina- 22 tion and other related barriers, when competing for 23 investment adviser services opportunities, including 24 Federal opportunities. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00579 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 580 1 (2) The Government Accountability Office 2 found in September 2017 that asset management 3 firms (also known as firms providing investment ad- 4 viser services) registered in the United States man- 5 age more than $70,000,000,000,000 of assets and 6 that minority- and women-owned asset management 7 firms manage less than 1 percent of such assets. 8 (3) Conscious efforts to facilitate diverse and 9 inclusive firm selection for investment advisers serv- 10 ices opportunities are required to overcome obstacles 11 facing diverse individual-owned and controlled firms, 12 especially as women- and minority-owned businesses 13 across the financial services sector struggle to re- 14 cover from the impacts of the coronavirus disease 15 (COVID–19) outbreak and future major disasters. 16 (4) Despite evidence that women and minority- 17 owned firms perform as well as and sometimes out- 18 perform their industry counterparts, they are not 19 consistently selected to manage institutional assets. 20 Although women and minority-owned firms account 21 for approximately 8.6 percent of the asset manage- 22 ment industry, recent reports show that they only 23 manage 1.1 percent of all assets under management 24 or $785 billion out of $71.4 trillion, and are under- 25 represented as managers in every asset class. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00580 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 581 1 (b) INVESTMENT ADVISER CONTRACTING 2 SONS 3 CHANGE REGISTERED WITH THE SECURITIES BY AND PEREX- COMMISSION.—The Securities Exchange Act of 4 1934 (15 U.S.C. 78a et seq.) is amended by inserting after 5 section 15G the following: 6 ‘‘SEC. 15H. INVESTMENT ADVISER CONTRACTING REQUIRE- 7 MENTS. 8 ‘‘(a) REQUIRED FOR REGISTRATION.—No broker, 9 dealer, investment adviser, investment company, or self10 regulatory organization may be registered with the Com11 mission unless such person— 12 ‘‘(1) does not contract for the services of an in- 13 vestment adviser for externally managed funds; or 14 ‘‘(2) in contracting for the services of an invest- 15 ment adviser for externally managed funds after the 16 date of the enactment of this section, has in place 17 procedures that require the person, before con- 18 tracting for such services— 19 ‘‘(A) to publish, unless prohibited by law 20 or regulation, a request for proposal for such 21 services; and 22 ‘‘(B) if one or more diverse individual 23 owned and controlled firms submits a proposal 24 to provide such services that satisfies the cri- 25 teria set forth in the request for proposal, to in- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00581 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 582 1 vite at least one such diverse individual-owned 2 and controlled firm to present their proposal, or 3 certify to the Commission that no diverse indi- 4 vidual-owned and controlled firms submitted a 5 proposal, unless such invitation is prohibited by 6 other law or regulation. 7 ‘‘(b) REPORTS.— 8 ‘‘(1) PERSONS 9 CONTRACTING FOR THE SERV- ICES OF INVESTMENT ADVISERS FOR EXTERNALLY 10 MANAGED FUNDS.—Each 11 adviser, investment company, and self-regulatory or- 12 ganization who contracts for the services of an in- 13 vestment adviser for externally managed funds and 14 who is registered with the Commission shall, each 15 fiscal year of such person, submit to the Office of 16 Minority and Women Inclusion of the Commission a 17 report that identifies, for the previous fiscal year— 18 ‘‘(A) the percentage of services of invest- 19 ment advisers for externally managed funds the 20 person contracted for that were provided by a 21 diverse individual-owned and controlled firm; broker, dealer, investment 22 ‘‘(B) the dollar value of any contracts with 23 diverse-individual owned and controlled firms 24 providing the services of investment advisers for 25 externally managed funds as a percentage of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00582 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 583 1 the dollar value of all contracts with all firms 2 providing the services of investment advisers for 3 externally managed funds; 4 ‘‘(C) the efforts made by the person to 5 communicate opportunities for investment ad- 6 viser services for externally managed funds to 7 diverse-individual owned and controlled firms 8 providing the services of investment advisers for 9 externally managed funds; 10 ‘‘(D) the number of diverse-individual 11 owned and controlled firms that were consid- 12 ered by the person to provide the services of in- 13 vestment advisers for externally managed funds 14 and, with respect to each such firm, the race 15 and gender of the owners of such firm; and 16 ‘‘(E) for any investment adviser for exter- 17 nally managed funds services contract oppor- 18 tunity in which a diverse-individual owned and 19 controlled firm was not considered, a descrip- 20 tion of why a diverse-individual owned and con- 21 trolled firm was not considered. 22 ‘‘(2) INCLUSION OF REPORT INFORMATION ON 23 FORM ADV.—Any 24 port under paragraph (1) shall, in any Form ADV 25 filed by, or required to be filed by such person, in- person who is required to file a re- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00583 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 584 1 clude all information required to be filed in the re- 2 port under paragraph (1) in such Form ADV filing. 3 ‘‘(3) ANNUAL REPORT BY THE OFFICE OF MI- 4 NORITY AND WOMEN INCLUSION.—The 5 the Office of Minority and Women Inclusion of the 6 Commission shall issue an annual report to the 7 Commission and the Congress on the use of diverse 8 individual-owned and controlled firms offering in- 9 vestment advising services for externally managed 10 funds, including a summary of reports received 11 under paragraph (1) and under section 13B(b). 12 ‘‘(4) COMMISSION Director of REPORT TO CONGRESS.—The 13 Commission shall issue a report every 5 years to the 14 Congress on the steps taken by the Commission to 15 implement this section and section 13B. 16 ‘‘(c) EXCEPTION.—This section shall not apply to— 17 ‘‘(1) a contract described in section 15 of the 18 Investment Company Act of 1940, except for an ini- 19 tial contract— 20 ‘‘(A) pursuant to which a person serves or 21 acts as an unaffiliated sub-adviser to a reg- 22 istered investment company; and 23 ‘‘(B) which is exempt from the shareholder 24 approval requirement of section 15 in reliance 25 on an order or rule of the Commission; or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00584 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 585 1 ‘‘(2) a diverse individual-owned and controlled 2 firm with assets under $100,000,000. 3 ‘‘(d) DEFINITIONS.—For the purposes of this section: 4 ‘‘(1) AFFILIATED PERSON.—The term ‘affili- 5 ated person’ has the meaning given that term under 6 section 2(a) of the Investment Company Act of 7 1940. 8 ‘‘(2) DIVERSE 9 INDIVIDUAL-OWNED AND CON- TROLLED FIRM.—The 10 term ‘diverse individual-owned and controlled firm’ means a firm— 11 ‘‘(A) which is at least 51 percent owned by 12 one or more individuals who are women, minori- 13 ties, or veterans; or 14 ‘‘(B) whose management and daily busi- 15 ness operations are— 16 ‘‘(i) in the case of a firm the shares 17 of which are traded on a national securities 18 exchange, controlled by a board with a ma- 19 jority of members who are women, minori- 20 ties, or veterans; and 21 ‘‘(ii) in the case of any other firm, at 22 least 51 percent controlled by one or more 23 individuals who are women, minorities, or 24 veterans. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00585 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 586 1 ‘‘(3) INVESTMENT ADVISER.—The term ‘invest- 2 ment adviser’ has the meaning given the term in sec- 3 tion 202(a)(11) of the Investment Advisers Act of 4 1940. 5 ‘‘(4) MINORITY.—The term ‘minority’ has the 6 meaning given the term in section 308(b) of the Fi- 7 nancial Institutions Reform, Recovery, and Enforce- 8 ment Act of 1989 and also includes any indigenous 9 person in the United States or its territories. 10 ‘‘(5) UNAFFILIATED SUB-ADVISER TO A REG- 11 ISTERED INVESTMENT COMPANY.—With 12 registered investment company, the term ‘unaffili- 13 ated sub-adviser to a registered investment company’ 14 means a person described under section 2(a)(20)(B) 15 of the Investment Company Act of 1940 that is not 16 an affiliated person of a person described under sec- 17 tion 2(a)(20)(A) of the Investment Company Act of 18 1940. respect to a 19 ‘‘(6) VETERAN.—The term ‘veteran’ has the 20 meaning given the term in section 101 of title 38, 21 United States Code.’’. 22 (c) INVESTMENT ADVISER CONTRACTING 23 SONS BY PER- REGISTERING SECURITIES.—The Securities Ex- 24 change Act of 1934 is amended by inserting after section 25 13A the following: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00586 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 587 1 ‘‘SEC. 13B. INVESTMENT ADVISER CONTRACTING REQUIRE- 2 MENTS. 3 ‘‘(a) IN GENERAL.—Any issuer required to file an an- 4 nual report under section 13 shall, when contracting for 5 the services of an investment adviser for externally man6 age funds— 7 ‘‘(1) publish, unless prohibited by law or regula- 8 tion, a request for proposal for such services; and 9 ‘‘(2) if one or more diverse individual owned 10 and controlled firms submits a proposal to provide 11 such services that satisfies the criteria set forth in 12 the request for proposal, invite at least one such di- 13 verse individual-owned and controlled firm to present 14 their proposal, or certify to the Commission that no 15 diverse individual-owned and controlled firms sub- 16 mitted a proposal, unless such invitation is prohib- 17 ited by other law or regulation. 18 ‘‘(b) REPORT.—Any issuer required to file an annual 19 report under section 13 who contracts for the services of 20 an investment adviser for externally managed funds shall, 21 each fiscal year of such issuer, submit to the Office of 22 Minority and Women Inclusion of the Commission a re23 port that identifies, for the previous fiscal year— 24 ‘‘(1) the percentage of services of investment 25 advisers for externally managed funds the issuer L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00587 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 588 1 contracted for that were provided by a diverse indi- 2 vidual-owned and controlled firm; 3 ‘‘(2) the dollar value of any contracts with di- 4 verse-individual owned and controlled firms pro- 5 viding the services of investment advisers for exter- 6 nally managed funds as a percentage of the dollar 7 value of all contracts with all firms providing the 8 services of investment advisers for externally man- 9 aged funds; 10 ‘‘(3) the efforts made by the issuer to commu- 11 nicate investment adviser services for externally 12 managed funds contract opportunities to diverse-in- 13 dividual owned and controlled firms providing the 14 services of investment advisers for externally man- 15 aged funds; 16 ‘‘(4) the number of diverse-individual owned 17 and controlled firms that were considered by the 18 issuer to provide the services of investment advisers 19 for externally managed funds and, with respect to 20 each such firm, the race and gender of the owners 21 of such firm; and 22 ‘‘(5) for any investment adviser services for ex- 23 ternally managed funds contract opportunity in 24 which a diverse-individual owned and controlled firm 25 was not considered, a description of why a diverse- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00588 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 589 1 individual owned and controlled firm was not consid- 2 ered. 3 ‘‘(c) EXCEPTION.—This section shall not apply to— 4 ‘‘(1) a contract described in section 15 of the 5 Investment Company Act of 1940, except for an ini- 6 tial contract— 7 ‘‘(A) pursuant to which a person serves or 8 acts as an unaffiliated sub-adviser to a reg- 9 istered investment company; and 10 ‘‘(B) which is exempt from the shareholder 11 approval requirement of section 15 in reliance 12 on an order or rule of the Commission; or 13 ‘‘(2) a diverse individual-owned and controlled 14 firm with assets under $100,000,000. 15 ‘‘(d) DEFINITIONS.—In this section, the terms, ‘af- 16 filiated person’, ‘diverse individual-owned and controlled 17 firm’, ‘investment adviser’, ‘minority’, ‘unaffiliated sub-ad18 viser to a registered investment company’, and ‘veteran’ 19 have the meaning given such terms in section 15H(d).’’. 20 (d) EFFECTIVE DATE.—The amendments made by 21 section shall take effect after the end of the 180-day pe22 riod beginning on the date of the termination by the Fed23 eral Emergency Management Administration of the emer24 gency declared on March 13, 2020, by the President under 25 the Robert T. Stafford Disaster Relief and Emergency As- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00589 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 590 1 sistance Act (42 U.S.C. 4121 et seq.) relating to the 2 Coronavirus Disease 2019 (COVID–19) pandemic. 3 SEC. 503. FINANCIAL LITERACY EDUCATION COMMISSION 4 EMERGENCY RESPONSE. 5 (a) PURPOSE.—The purpose of this section is to pro- 6 vide financial literacy education, including information on 7 access to banking services and other financial products, 8 for individuals seeking information and resources as they 9 recover from any financial distress caused by the 10 coronavirus disease (COVID–19) outbreak and future 11 major disasters. 12 13 (b) FINANCIAL LITERACY SION AND EDUCATION COMMIS- RESPONSE TO THE COVID–19 EMERGENCY.— 14 (1) SPECIAL MEETING.—Not later than the end 15 of the 60-day period beginning on the date of enact- 16 ment of this section, the Financial Literacy and 17 Education Commission (the ‘‘Commission’’) shall 18 convene a special meeting to discuss and plan assist- 19 ance related to the financial impacts of the COVID– 20 19 emergency. 21 (2) UPDATE 22 (A) IN OF THE COMMISSION’S WEBSITE.— GENERAL.—Not later than the end 23 of the 60-day period beginning on the date of 24 enactment of this section, the Commission shall 25 update the website of the Commission with a L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00590 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 591 1 full list of tools to help individuals recover from 2 any financial hardship as a result of the 3 COVID–19 emergency. 4 (B) SPECIFIC REQUIREMENTS.—In per- 5 forming the update required under subpara- 6 graph (A), the Commission shall— 7 (i) place special emphasis on providing 8 an additional set of tools geared towards 9 women, racial and ethnic minorities, vet- 10 erans, disabled, and LGBTQ+ commu- 11 nities; and 12 (ii) provide information in English 13 and Spanish. 14 (C) INFORMATION FROM MEMBERS.—Not 15 later than the end of the 60-day period begin- 16 ning on the date of enactment of this section, 17 each Federal department or agency that is a 18 member of the Commission shall provide an up- 19 date on the website of the Commission dis- 20 closing any tools that the department or agency 21 is offering to individuals or to employees of the 22 department or agency related to the COVID–19 23 emergency. 24 (3) IMPLEMENTATION 25 REPORT TO CONGRESS.— The Secretary of the Treasury and the Director of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00591 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 592 1 the Bureau of Consumer Financial Protection shall, 2 jointly and not later than the end of the 30-day pe- 3 riod following the date on which the meeting re- 4 quired under paragraph (1) is held and all updates 5 required under paragraph (2) have been completed, 6 report to Congress on the implementation of this 7 section. 8 (4) COVID–19 EMERGENCY DEFINED.—In this 9 subsection, the term ‘‘COVID–19 emergency’’ means 10 the emergency declared on March 13, 2020, by the 11 President under the Robert T. Stafford Disaster Re- 12 lief and Emergency Assistance Act (42 U.S.C. 4121 13 et seq.) relating to the Coronavirus Disease 2019 14 (COVID–19) pandemic. 15 SEC. 504. INTERAGENCY PANDEMIC GUIDANCE FOR CON- 16 SUMERS. 17 (a) INTERAGENCY PANDEMIC GUIDANCE.— 18 (1) GUIDANCE.—Not later than the end of the 19 60-day period beginning on the date of enactment of 20 this section, the Federal financial regulators shall 21 issue interagency regulatory guidance on prepared- 22 ness, flexibility, and relief options for consumers in 23 pandemics and major disasters, such as deferment, 24 forbearance, affordable payment plan options, and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00592 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 593 1 other options such as delays on debt collections and 2 wage garnishments. 3 (2) UPDATES.—The Federal financial regu- 4 lators shall update the guidance required under 5 paragraph (1) as necessary to keep such guidance 6 current. 7 (b) PANDEMIC PREPAREDNESS TESTING.— 8 (1) IN GENERAL.—Not later than the end of 9 the 2-year period beginning on the date of enact- 10 ment of this section, and every 5 years thereafter, 11 the Federal financial regulators shall carry out test- 12 ing along with the institutions regulated by the Fed- 13 eral financial regulators to determine how effectively 14 such institutions will be able to respond to a pan- 15 demic or major disaster. 16 (2) REPORT.—After the end of each test re- 17 quired under paragraph (1), the Federal financial 18 regulators shall, jointly, issue a report to Congress 19 containing the results of such test and any regu- 20 latory or legislative recommendations the regulators 21 may have to increase pandemic preparedness. 22 (c) DEFINITIONS.—In this section: 23 (1) FEDERAL FINANCIAL REGULATORS.—The 24 term ‘‘Federal financial regulators’’ means the 25 Board of Governors of the Federal Reserve System, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00593 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 594 1 the Bureau of Consumer Financial Protection, the 2 Comptroller of the Currency, the Director of the 3 Federal Housing Finance Agency, the Federal De- 4 posit Insurance Corporation, the National Credit 5 Union Administration, the Secretary of Agriculture, 6 and the Secretary of Housing and Urban Develop- 7 ment. 8 (2) MAJOR DISASTER.—The term ‘‘major dis- 9 aster’’ means a major disaster declared by the Presi- 10 dent under section 401 of the Robert T. Stafford 11 Disaster Relief and Emergency Assistance Act (42 12 U.S.C. 5170), 13 under section 408 of such Act (42 U.S.C. 5174), or 14 section 501 of such Act (42 U.S.C. 5191). 15 SEC. 505. SEC PANDEMIC GUIDANCE FOR INVESTORS. 16 under which assistance is authorized (a) PANDEMIC GUIDANCE.— 17 (1) GUIDANCE.—Not later than the end of the 18 60-day period beginning on the date of enactment of 19 this section, the Securities and Exchange Commis- 20 sion shall issue regulatory guidance on preparedness, 21 flexibility, relief, and investor protection for inves- 22 tors in pandemics and major disasters, including rel- 23 evant disclosures. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00594 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 595 1 (2) UPDATES.—The Commission shall update 2 the guidance required under paragraph (1) as nec- 3 essary to keep such guidance current. 4 (b) PANDEMIC PREPAREDNESS TESTING.— 5 (1) IN GENERAL.—Not later than the end of 6 the 60-day period beginning on the date of enact- 7 ment of this Act, and every 5 years thereafter, the 8 Securities and Exchange Commission shall carry out 9 testing along with the entities regulated by the Com- 10 mission to determine how effectively such entities 11 will be able to respond to a pandemic or major dis- 12 aster. 13 (2) REPORT.—After the end of each test re- 14 quired under paragraph (1), the Commission shall 15 issue a report to Congress containing the results of 16 such test and any regulatory or legislative rec- 17 ommendations the Commission may have to increase 18 pandemic preparedness. 19 (c) MAJOR DISASTER DEFINED.—In this section, the 20 term ‘‘major disaster’’ means a major disaster declared 21 by the President under section 401 of the Robert T. Staf22 ford Disaster Relief and Emergency Assistance Act (42 23 U.S.C. 5170), under which assistance is authorized 24 under section 408 of such Act (42 U.S.C. 5174), or sec25 tion 501 of such Act (42 U.S.C. 5191). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00595 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 596 1 SEC. 506. UPDATES OF THE PANDEMIC INFLUENZA PLAN 2 AND NATIONAL PLANNING FRAMEWORKS. 3 (a) IN GENERAL.—Not later than one year following 4 the end of the Declaration of the National Emergency, the 5 President shall ensure that the Pandemic Influenza Plan 6 (2017 Update) and the National Planning Frameworks 7 are updated. The Secretary of the Treasury, in consulta8 tion with the Federal financial regulators, shall provide 9 to the President the following: 10 (1) An assessment of the effectiveness of cur- 11 rent plans and strategies to address the economic, fi- 12 nancial, and monetary issues arising from a pan- 13 demic or other disaster. 14 (2) A description of the most significant chal- 15 lenges to protecting the economy, the financial sys- 16 tem, and consumers, during a pandemic or other 17 disaster, including the specific challenges experi- 18 enced by women, racial and ethnic minorities, di- 19 verse-owned businesses, veterans, and the disabled. 20 (3) Actions that could be carried out in a crisis, 21 as defined by the preparedness plans described in 22 subsection (a), such as the following: 23 (A) Significant increases of unemployment 24 insurance benefits (including payment amounts) 25 for all workers under a certain income thresh- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00596 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 597 1 old, including freelancers and the self-employed, 2 during the crisis. 3 (B) Loan deference, modification, and for- 4 bearance mechanisms of all consumer and busi- 5 ness payments, allowing long-term repayment 6 plans and excluding no industries, during the 7 crisis. 8 (C) Suspension of foreclosure and eviction 9 proceedings taken against individuals or busi- 10 nesses during the crisis. 11 (D) Suspension of all negative consumer 12 credit reporting during the crisis. 13 (E) Prohibition of debt collection, reposses- 14 sion, and garnishment of wages during the cri- 15 sis. 16 (F) Provision of emergency homeless as- 17 sistance during the crisis. 18 (G) An increase in Community Develop- 19 ment Block Grants during the crisis and to im- 20 prove community response. 21 (H) Reduction of hurdles in the form of 22 waivers and authorities to modify existing hous- 23 ing and homelessness programs to facilitate re- 24 sponse to the crisis. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00597 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 598 1 (I) Expand the size standards for eligible 2 businesses with access no-interest or low-inter- 3 est loans through the Small Business Adminis- 4 tration during the crisis. 5 (J) Remove the size standard limits on eli- 6 gible businesses with access no-interest or low- 7 interest loans through the Small Business Ad- 8 ministration during the crisis for businesses 9 that agree to maintain their employment work- 10 force and preserve benefits during the crisis. 11 (K) Support for additional no-interest or 12 low-interest loans for small businesses through 13 the Small Business Administration during the 14 crisis. 15 (L) Utilization of the Community Develop- 16 ment Financial Institutions (CDFI) Fund to 17 support small businesses as well as low-income 18 communities during the crisis. 19 (M) Support for State, territory, and local 20 government financing during the crisis. 21 (N) Waiver of matching requirements for 22 municipal governments during the crisis. 23 (O) Suspension of requirements relating to 24 minimum distributions for retirement plans and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00598 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 599 1 individual retirement accounts for the calendar 2 years of which the crisis is occurring. 3 (b) SPECIAL CONSIDERATION FOR DIVERSITY.—In 4 issuing the updates required under subsection (a), the 5 President shall ensure that consideration is given as to 6 how to minimize the economic impacts of a crisis on 7 women, minorities, diverse-owned businesses, veterans, 8 and the disabled. 9 (c) MAKING PLANS PUBLIC.—The updated plans de- 10 scribed in subsection (a) shall be made publicly available, 11 but may have classified information redacted. 12 (d) DEFINITIONS.—In this section: 13 (1) DECLARATION OF THE NATIONAL EMER- 14 GENCY.—The 15 Emergency’’ means the emergency declared by the 16 President under section 501 of the Robert T. Staf- 17 ford Disaster Relief and Emergency Assistance Act 18 (42 U.S.C. 5191) relating to the COVID–19 pan- 19 demic. 20 term ‘‘Declaration of the National (2) FEDERAL FINANCIAL REGULATOR.—The 21 term ‘‘Federal financial regulators’’ means the Bu- 22 reau of Consumer Financial Protection, the Federal 23 Deposit Insurance Corporation, the Federal Housing 24 Finance Agency, the Board of Governors of the Fed- 25 eral Reserve System, the Office of the Comptroller L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00599 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 600 1 of the Currency, the National Credit Union Adminis- 2 tration, and the Securities and Exchange Commis- 3 sion. 7 DIVISION J—EDUCATION RELIEF AND OTHER PROGRAMS TITLE I—EDUCATION PROVISIONS 8 SEC. 100101. SHORT TITLE. 4 5 6 9 This title may be cited as the ‘‘COVID–19 Pandemic 10 Education Relief Act of 2020’’. 11 SEC. 100102. DEFINITIONS. 12 In this title: 13 (1) CORONAVIRUS.—The term ‘‘coronavirus’’ 14 has the meaning given that term in section 506 of 15 the Coronavirus Preparedness and Response Supple- 16 mental Appropriations Act, 2020 (Public Law 116– 17 123). 18 (2) INSTITUTION OF HIGHER EDUCATION.—The 19 term ‘‘institution of higher education’’ has the 20 meaning given that term in section 102 of the High- 21 er Education Act of 1965 (20 U.S.C. 1002). 22 (3) 23 QUALIFYING EMERGENCY.—The term ‘‘qualifying emergency’’ means— 24 (A) a public health emergency related to 25 the coronavirus declared by the Secretary of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00600 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 601 1 Health and Human Services pursuant to sec- 2 tion 319 of the Public Health Service Act (42 3 U.S.C. 247d); 4 (B) an event related to the coronavirus for 5 which the President declared a major disaster 6 or an emergency under section 401 or 501, re- 7 spectively, of the Robert T. Stafford Disaster 8 Relief and Emergency Assistance Act (42 9 U.S.C. 5170 and 5191); or 10 (C) a national emergency related to the 11 coronavirus declared by the President under 12 section 201 of the National Emergencies Act 13 (50 U.S.C. 1601 et seq.). 14 (4) SECRETARY.—The term ‘‘Secretary’’ means 15 the Secretary of Education. 16 (5) FOREIGN INSTITUTION.—The term ‘‘foreign 17 institution’’ means an institution of higher education 18 located outside the United States that is described 19 in paragraphs (1)(C) and (2) of section 102(a) of 20 the Higher Education Act of 1965 (20 U.S.C. 21 1002(a)). 22 SEC. 100103. CAMPUS-BASED AID WAIVERS. 23 24 (a) WAIVER OF NON-FEDERAL SHARE REQUIRE- MENT.—Notwithstanding sections 413C(a)(2) and 25 443(b)(5) of the Higher Education Act of 1965 (20 L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00601 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 602 1 U.S.C. 1070b–2(a)(2) and 1087–53(b)(5)), with respect 2 to funds made available for award years 2019–2020 and 3 2020–2021, the Secretary shall waive the requirement 4 that a participating institution of higher education provide 5 a non-Federal share to match Federal funds provided to 6 the institution for the programs authorized pursuant to 7 subpart 3 of part A and part C of title IV of the Higher 8 Education Act of 1965 (20 U.S.C. 1070b et seq. and 9 1087–51 et seq.), except nothing in this subsection shall 10 affect the non-Federal share requirement under section 11 443(c)(3) of such Act that applies to private for-profit or12 ganizations. 13 (b) AUTHORITY TO REALLOCATE.—Notwithstanding 14 sections 413D, 442, and 488 of the Higher Education Act 15 of 1965 (20 U.S.C. 1070b–3, 1087–52, and 1095), during 16 a period of a qualifying emergency, an institution may 17 transfer up to 100 percent of the institution’s unexpended 18 allotment under section 442 of such Act to the institu19 tion’s allotment under section 413D of such Act, but may 20 not transfer any funds from the institution’s unexpended 21 allotment under section 413D of such Act to the institu22 tion’s allotment under section 442 of such Act. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00602 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 603 1 SEC. 100104. USE OF SUPPLEMENTAL EDUCATIONAL OP- 2 PORTUNITY GRANTS FOR EMERGENCY AID. 3 (a) IN GENERAL.—Notwithstanding section 413B of 4 the Higher Education Act of 1965 (20 U.S.C. 1070b–1), 5 an institution of higher education may reserve any amount 6 of an institution’s allocation under subpart 3 of part A 7 of title IV of the Higher Education Act of 1965 (20 U.S.C. 8 1070b et seq.) for a fiscal year to award, in such fiscal 9 year, emergency financial aid grants to assist under10 graduate or graduate students for unexpected expenses 11 and unmet financial need as the result of a qualifying 12 emergency. 13 (b) DETERMINATIONS.—In determining eligibility for 14 and awarding emergency financial aid grants under this 15 section, an institution of higher education may— 16 (1) waive the amount of need calculation under 17 section 471 of the Higher Education Act of 1965 18 (20 U.S.C. 1087kk); 19 (2) allow for a student affected by a qualifying 20 emergency to receive funds in an amount that is not 21 more than the maximum Federal Pell Grant for the 22 applicable award year; and 23 (3) utilize a contract with a scholarship-grant- 24 ing organization designated for the sole purpose of 25 accepting applications from or disbursing funds to 26 students enrolled in the institution of higher edu- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00603 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 604 1 cation, if such scholarship-granting organization dis- 2 burses the full allocated amount provided to the in- 3 stitution of higher education to the recipients. 4 (c) SPECIAL RULE.—Any emergency financial aid 5 grants to students under this section shall not be treated 6 as other financial assistance for the purposes of section 7 471 of the Higher Education Act of 1965 (20 U.S.C. 8 1087kk). 9 SEC. 100105. FEDERAL WORK-STUDY DURING A QUALIFYING 10 EMERGENCY. 11 (a) IN GENERAL.—In the event of a qualifying emer- 12 gency, an institution of higher education participating in 13 the program under part C of title IV of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1087–51 et seq.) may make 15 payments under such part to affected work-study stu16 dents, for the period of time (not to exceed one academic 17 year) in which affected students were unable to fulfill the 18 students’ work-study obligation for all or part of such aca19 demic year due to such qualifying emergency, as follows: 20 (1) Payments may be made under such part to 21 affected work-study students in an amount equal to 22 or less than the amount of wages such students 23 would have been paid under such part had the stu- 24 dents been able to complete the work obligation nec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00604 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 605 1 essary to receive work study funds, as a one time 2 grant or as multiple payments. 3 (2) Payments shall not be made to any student 4 who was not eligible for work study or was not com- 5 pleting the work obligation necessary to receive work 6 study funds under such part prior to the occurrence 7 of the qualifying emergency. 8 (3) Any payments made to affected work-study 9 students under this subsection shall meet the match- 10 ing requirements of section 443 of the Higher Edu- 11 cation Act of 1965 (20 U.S.C. 1087–53), unless 12 such matching requirements are waived by the Sec- 13 retary. 14 (b) DEFINITION 15 DENT.—In OF AFFECTED WORK-STUDY STU- this section, the term ‘‘affected work-study 16 student’’ means a student enrolled at an eligible institu17 tion participating in the program under part C of title IV 18 of the Higher Education Act of 1965 (20 U.S.C. 1087– 19 51 et seq.) who— 20 (1) received a work-study award under section 21 443 of the Higher Education Act of 1965 (20 22 U.S.C. 1087–53) for the academic year during which 23 a qualifying emergency occurred; 24 (2) earned Federal work-study wages from such 25 eligible institution for such academic year; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00605 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 606 1 (3) was prevented from fulfilling the student’s 2 work-study obligation for all or part of such aca- 3 demic year due to such qualifying emergency. 4 SEC. 100106. ADJUSTMENT OF SUBSIDIZED LOAN USAGE 5 LIMITS. 6 Notwithstanding section 455(q)(3) of the Higher 7 Education Act of 1965 (20 U.S.C. 1087e(q)(3)), the Sec8 retary shall exclude from a student’s period of enrollment 9 for purposes of loans made under part D of title IV of 10 the Higher Education Act of 1965 (20 U.S.C. 1087a et 11 seq.) any semester (or the equivalent) that the student 12 does not complete due to a qualifying emergency, if the 13 Secretary is able to administer such policy in a manner 14 that limits complexity and the burden on the student. 15 SEC. 100107. EXCLUSION FROM FEDERAL PELL GRANT DU- 16 RATION LIMIT. 17 The Secretary shall exclude from a student’s Federal 18 Pell Grant duration limit under section 401(c)(5) of the 19 Higher Education Act of 1965 (2 U.S.C. 1070a(c)(5)) any 20 semester (or the equivalent) that the student does not 21 complete due to a qualifying emergency if the Secretary 22 is able to administer such policy in a manner that limits 23 complexity and the burden on the student. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00606 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 607 1 SEC. 100108. INSTITUTIONAL REFUNDS AND FEDERAL STU- 2 DENT LOAN FLEXIBILITY. 3 (a) INSTITUTIONAL WAIVER.— 4 (1) IN GENERAL.—The Secretary shall waive 5 the institutional requirement under section 484B of 6 the Higher Education Act of 1965 (20 U.S.C. 7 1091b) with respect to the amount of grant or loan 8 assistance (other than assistance received under part 9 C of title IV of such Act) to be returned under such 10 section if a recipient of assistance under title IV of 11 the Higher Education Act of 1965 (20 U.S.C. 1070 12 et seq.) withdraws from the institution of higher 13 education during the payment period or period of 14 enrollment as a result of a qualifying emergency. 15 (2) WAIVERS.—The Secretary shall require 16 each institution using a waiver relating to the with- 17 drawal of recipients under this subsection to report 18 the number of such recipients, the amount of grant 19 or loan assistance (other than assistance received 20 under part C of title IV of such Act) associated with 21 each such recipient, and the total amount of grant 22 or loan assistance (other than assistance received 23 under part C of title IV of such Act) for which each 24 institution has not returned assistance under title IV 25 to the Secretary. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00607 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 608 1 (b) STUDENT WAIVER.—The Secretary shall waive 2 the amounts that students are required to return under 3 section 484B of the Higher Education Act of 1965 (20 4 U.S.C. 1091b) with respect to Federal Pell Grants or 5 other grant assistance if the withdrawals on which the re6 turns are based are withdrawals by students who withdrew 7 from the institution of higher education as a result of a 8 qualifying emergency. 9 (c) CANCELING LOAN OBLIGATION.—Notwith- 10 standing any other provision of the Higher Education Act 11 of 1965 (20 U.S.C. 1001 et seq.), the Secretary shall can12 cel the borrower’s obligation to repay the entire portion 13 of a loan made under part D of title IV of such Act (20 14 U.S.C. 1087a et seq.) associated with a payment period 15 for a recipient of such loan who withdraws from the insti16 tution of higher education during the payment period as 17 a result of a qualifying emergency. 18 (d) APPROVED LEAVE OF ABSENCE.—Notwith- 19 standing any other provision of the Higher Education Act 20 of 1965 (20 U.S.C. 1001 et seq.), for purposes of receiving 21 assistance under title IV of the Higher Education Act of 22 1965 (20 U.S.C. 1070 et seq.), an institution of higher 23 education may, as a result of a qualifying emergency, pro24 vide a student with an approved leave of absence that does 25 not require the student to return at the same point in the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00608 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 609 1 academic program that the student began the leave of ab2 sence if the student returns within the same semester (or 3 the equivalent). 4 SEC. 100109. SATISFACTORY ACADEMIC PROGRESS. 5 Notwithstanding section 484 of the Higher Education 6 Act of 1965 (20 U.S.C. 1091), in determining whether a 7 student is maintaining satisfactory academic progress for 8 purposes of title IV of the Higher Education Act of 1965 9 (20 U.S.C. 1070 et seq.), an institution of higher edu10 cation may, as a result of a qualifying emergency, exclude 11 from the quantitative component of the calculation any at12 tempted credits that were not completed by such student 13 without requiring an appeal by such student. 14 SEC. 100110. CONTINUING EDUCATION AT AFFECTED FOR- 15 EIGN INSTITUTIONS. 16 (a) IN GENERAL.—Notwithstanding section 481(b) 17 of the Higher Education Act of 1965 (20 U.S.C. 1088(b)), 18 with respect to a foreign institution, in the case of a public 19 health emergency, major disaster or emergency, or na20 tional emergency declared by the applicable government 21 authorities in the country in which the foreign institution 22 is located, the Secretary may permit any part of an other23 wise eligible program to be offered via distance education 24 for the duration of such emergency or disaster and the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00609 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 610 1 following payment period for purposes of title IV of the 2 Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). 3 (b) ELIGIBILITY.—An otherwise eligible program 4 that is offered in whole or in part through distance edu5 cation by a foreign institution between March 1, 2020, and 6 the date of enactment of this Act shall be deemed eligible 7 for the purposes of part D of title IV of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1087a et seq.) for the dura9 tion of the emergency or disaster affecting the institution 10 as described in subsection (a) and the following payment 11 period for purposes of title IV of the Higher Education 12 Act of 1965 (20 U.S.C. 1070 et seq.). An institution of 13 higher education that uses the authority provided in the 14 previous sentence shall report such use to the Secretary— 15 (1) for the 2019–2020 award year, not later 16 than June 30, 2020; and 17 (2) for an award year subsequent to the 2019– 18 2020 award year, not later than 30 days after such 19 use. 20 (c) REPORT.—Not later than 180 days after the date 21 of enactment of this Act, and every 180 days thereafter 22 for the duration of the applicable disaster or emergency 23 and the following payment period, the Secretary shall sub24 mit to the authorizing committees (as defined in section 25 103 of the Higher Education Act of 1965 (20 U.S.C. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00610 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 611 1 1003)) a report that identifies each foreign institution 2 that carried out a distance education program authorized 3 under this section. 4 (d) WRITTEN ARRANGEMENTS.— 5 (1) IN GENERAL.—Notwithstanding section 102 6 of the Higher Education Act of 1965 (20 U.S.C. 7 1002), with respect to a foreign institution, in the 8 case of a public health emergency, major disaster or 9 emergency, or national emergency declared by the 10 applicable government authorities in the country in 11 which the foreign institution is located, the Sec- 12 retary may allow a foreign institution to enter into 13 a written arrangement with an institution of higher 14 education located in the United States that partici- 15 pates in the Federal Direct Loan Program under 16 part D of title IV of the Higher Education Act of 17 1965 (20 U.S.C. 1087a et seq.), for the duration of 18 such emergency or disaster and the following pay- 19 ment period, for the purpose of allowing a student 20 of the foreign institution who is a borrower of a loan 21 made under such part to take courses from the insti- 22 tution of higher education located in the United 23 States. 24 (2) FORM OF ARRANGEMENTS.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00611 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 612 1 (A) PUBLIC OR OTHER NONPROFIT INSTI- 2 TUTIONS.—A 3 or other nonprofit institution may enter into a 4 written arrangement under paragraph (1) only 5 with an institution of higher education de- 6 scribed in section 101 of such Act (20 U.S.C. 7 1001). 8 foreign institution that is a public (B) OTHER INSTITUTIONS.—A foreign in- 9 stitution that is a graduate medical school, 10 nursing school, or a veterinary school and that 11 is not a public or other nonprofit institution 12 may enter into a written arrangement under 13 paragraph (1) with an institution of higher edu- 14 cation described in section 101 or section 102 15 of such Act (20 U.S.C. 1001 and 1002). 16 (3) REPORT ON USE.—An institution of higher 17 education that uses the authority described in para- 18 graph (2) shall report such use to the Secretary— 19 (A) for the 2019–2020 award year, not 20 later than June 30, 2020; and 21 (B) for an award year subsequent to the 22 2019–2020 award year, not later than 30 days 23 after such use. 24 (4) REPORT 25 FROM THE SECRETARY.—Not later than 180 days after the date of enactment of this L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00612 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 613 1 Act, and every 180 days thereafter for the duration 2 of the applicable disaster or emergency and the fol- 3 lowing payment period, the Secretary shall submit to 4 the authorizing committees (as defined in section 5 103 of the Higher Education Act of 1965 (20 6 U.S.C. 1003)) a report that identifies each foreign 7 institution that entered into a written arrangement 8 authorized under paragraph (1). 9 SEC. 100111. HBCU CAPITAL FINANCING. 10 (a) DEFERMENT PERIOD.— 11 (1) IN GENERAL.—Notwithstanding any provi- 12 sion of title III of the Higher Education Act of 1965 13 (20 U.S.C. 1051 et seq.), or any regulation promul- 14 gated under such title, the Secretary may grant a 15 deferment, for the duration of a qualifying emer- 16 gency, to an institution of higher education that has 17 received a loan under part D of title III of such Act 18 (20 U.S.C. 1066 et seq.). 19 (2) TERMS.—During the deferment period 20 granted under this subsection— 21 (A) the institution of higher education 22 shall not be required to pay any periodic install- 23 ment of principal or interest required under the 24 loan agreement for such loan; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00613 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 614 1 (B) the Secretary shall make principal and 2 interest payments otherwise due under the loan 3 agreement. 4 (3) CLOSING.—At the closing of a loan deferred 5 under this subsection, terms shall be set under 6 which the institution of higher education shall be re- 7 quired to repay the Secretary for the payments of 8 principal and interest made by the Secretary during 9 the deferment, on a schedule that begins upon re- 10 payment to the lender in full on the loan agreement, 11 except in no case shall repayment be required to 12 begin before the date that is 1 full fiscal year after 13 the date that is the end of the qualifying emergency. 14 (b) TERMINATION DATE.— 15 (1) IN GENERAL.—The authority provided 16 under this section to grant a loan deferment under 17 subsection (a) shall terminate on the date on which 18 the qualifying emergency is no longer in effect. 19 (2) DURATION.—Any provision of a loan agree- 20 ment or insurance agreement modified by the au- 21 thority under this section shall remain so modified 22 for the duration of the period covered by the loan 23 agreement or insurance agreement. 24 (c) REPORT.—Not later than 180 days after the date 25 of enactment of this Act, and every 180 days thereafter L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00614 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 615 1 during the period beginning on the first day of the quali2 fying emergency and ending on September 30 of the fiscal 3 year following the end of the qualifying emergency, the 4 Secretary shall submit to the authorizing committees (as 5 defined in section 103 of the Higher Education Act of 6 1965 (20 U.S.C. 1003)) a report that identifies each insti7 tution of higher education that received assistance under 8 this section. 9 SEC. 100112. WAIVER AUTHORITY AND REPORTING RE- 10 QUIREMENT FOR INSTITUTIONAL AID. 11 (a) WAIVER AUTHORITY.—Notwithstanding any 12 other provision of the Higher Education Act of 1965 13 (U.S.C. 1001 et seq.), unless enacted with specific ref14 erence to this section, for any institution of higher edu15 cation that was receiving assistance under title III, title 16 V, or subpart 4 of part A of title VII of such Act (20 17 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) at the 18 time of a qualifying emergency, the Secretary may, for the 19 period beginning on the first day of the qualifying emer20 gency and ending on September 30 of the fiscal year fol21 lowing the end of the qualifying emergency— 22 (1) waive— 23 (A) the eligibility data requirements set 24 forth in section 391(d) and 521(e) of the High- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00615 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 616 1 er Education Act of 1965 (20 U.S.C. 1068(d) 2 and 1103(e)); 3 (B) the wait-out period set forth in section 4 313(d) of the Higher Education Act of 1965 5 (20 U.S.C. 1059(d)); 6 (C) the allotment requirements under 7 paragraphs (2) and (3) of subsection 318(e) of 8 the Higher Education Act of 1965 (20 U.S.C. 9 1059e(e)), and references to ‘‘the academic year 10 preceding the beginning of that fiscal year’’ in 11 paragraph (1); 12 (D) the allotment requirements under sub- 13 sections (b), (c), and (g) of section 324 of the 14 Higher Education Act of 1965 (20 U.S.C. 15 1063), and references to ‘‘the end of the school 16 year preceding the beginning of that fiscal 17 year’’ under subsection (a) and references to 18 ‘‘the academic year preceding such fiscal year’’ 19 under subsection (h) of such section; 20 (E) subparagraphs (A), (C), (D), and (E) 21 of section 326(f)(3) of the Higher Education 22 Act of 1965 (20 U.S.C. 1063b(f)(3)), and ref- 23 erences to ‘‘previous year’’ under subparagraph 24 (B) of such section; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00616 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 617 1 (F) subparagraphs (A), (C), (D), and (E) 2 of section 723(f)(3) and section 724(f)(3) of the 3 Higher Education Act of 1965 (20 U.S.C. 4 1136a(f)(3) and 1136b(f)(3)), and references to 5 ‘‘previous academic year’’ under subparagraph 6 (B) of such sections; and 7 (G) the allotment restriction set forth in 8 section 318(d)(4) and 323(c)(2) of the Higher 9 Education Act of 1965 (20 U.S.C. 1059e(d)(4) 10 and 1062(c)(2)); and 11 (2) waive or modify any statutory or regulatory 12 provision to ensure that institutions that were re- 13 ceiving assistance under such titles at the time of a 14 qualifying emergency are not adversely affected by 15 any formula calculation for fiscal year 2020 and for 16 the period beginning on the first day of the quali- 17 fying emergency and ending on September 30 of the 18 fiscal year following the end of the qualifying emer- 19 gency, as necessary. 20 (b) USE OF UNEXPENDED FUNDS.—Any funds paid 21 to an institution under title III, title V, or subpart 4 of 22 part A of title VII of the Higher Education Act of 1965 23 (20 U.S.C. 1051 et seq.; 1101 et seq.) and not expended 24 or used for the purposes for which the funds were paid 25 to the institution during the 5-year period following the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00617 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 618 1 date on which the funds were first paid to the institution, 2 may be carried over and expended during the succeeding 3 5-year period. 4 (c) REPORT.—Not later than 180 days after the date 5 of enactment of this Act, and every 180 days thereafter 6 for the period beginning on the first day of the qualifying 7 emergency and ending on September 30 of the fiscal year 8 following the end of the qualifying emergency, the Sec9 retary shall submit to the authorizing committees (as de10 fined in section 103 of the Higher Education Act of 1965 11 (20 U.S.C. 1003)) a report that identifies each institution 12 that received a waiver or modification under this section. 13 SEC. 100113. AUTHORIZED USES AND OTHER MODIFICA- 14 TIONS FOR GRANTS. 15 (a) IN GENERAL.—The Secretary is authorized to 16 modify the required and allowable uses of funds for grants 17 awarded under part A or B of title III, chapters I or II 18 of subpart 2 of part A of title IV, title V, or subpart 4 19 of part A of title VII of the Higher Education Act of 1965 20 (20 U.S.C. 1057 et seq.; 1060 et seq.; 1070a–11 et seq.; 21 1070a–21 et seq.; 1101 et seq.; 1136a et seq.) to an insti22 tution of higher education or other grant recipient (not 23 including individual recipients of Federal student financial 24 assistance), at the request of an institution of higher edu25 cation or other recipient of a grant (not including indi- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00618 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 619 1 vidual recipients of Federal student financial assistance) 2 as a result of a qualifying emergency, for the period begin3 ning on the first day of the qualifying emergency and end4 ing on September 30 of the fiscal year following the end 5 of the qualifying emergency. 6 (b) MATCHING REQUIREMENT MODIFICATIONS.— 7 Notwithstanding any other provision of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1001 et seq.), the Secretary 9 is authorized to modify any Federal share or other finan10 cial matching requirement for a grant awarded on a com11 petitive basis, or a grant awarded under part A or B of 12 title III or subpart 4 of part A of title VII of the Higher 13 Education Act of 1965 (20 U.S.C. 1057 et seq.; 1060 et 14 seq.; 1136a et seq.) at the request of an institution of 15 higher education or other grant recipient as a result of 16 a qualifying emergency, for the period beginning on the 17 first day of the qualifying emergency and ending on Sep18 tember 30 of the fiscal year following the end of the quali19 fying emergency. 20 (c) REPORTS.—Not later than 180 days after the 21 date of enactment of this Act, and every 180 days there22 after for the duration of the period beginning on the first 23 day of the qualifying emergency and ending on September 24 30 of the fiscal year following the end of the qualifying 25 emergency, the Secretary shall submit to the authorizing L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00619 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 620 1 committees (as defined in section 103 of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1003)) a report that identi3 fies each institution of higher education or other grant re4 cipient that received a modification under this section. 5 SEC. 100114. SERVICE OBLIGATIONS FOR TEACHERS. 6 (a) TEACH GRANTS.—For the purposes of section 7 420N of the Higher Education Act of 1965 (20 U.S.C. 8 1070g–2), during a qualifying emergency, the Secretary— 9 (1) may modify the categories of extenuating 10 circumstances under which a recipient of a grant 11 under subpart 9 of part A of title IV of such Act 12 who is unable to fulfill all or part of the recipient’s 13 service obligation may be excused from fulfilling that 14 portion of the service obligation; and 15 (2) shall consider teaching service that, as a re- 16 sult of a qualifying emergency, is part-time or tem- 17 porarily interrupted to be full-time service and to 18 fulfill the service obligations under section 420N. 19 (b) TEACHER LOAN FORGIVENESS.—Notwith- 20 standing section 428J or 460 of the Higher Education Act 21 of 1965 (20 U.S.C. 1078–10; 1087j), the Secretary shall 22 waive the requirements under such sections that years of 23 teaching service shall be consecutive if— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00620 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 621 1 (1) the teaching service of a borrower is tempo- 2 rarily interrupted due to a qualifying emergency; 3 and 4 (2) after the temporary interruption due to a 5 qualifying emergency, the borrower resumes teaching 6 service and completes a total of five years of quali- 7 fying teaching service under such sections, including 8 qualifying teaching service performed before, during, 9 and after such qualifying emergency. 10 SEC. 100115. PAYMENTS FOR STUDENT LOAN BORROWERS 11 AS A RESULT OF A NATIONAL EMERGENCY. 12 (a) PAYMENTS FOR STUDENT LOAN BORROWERS 13 DURING A NATIONAL EMERGENCY.— 14 (1) IN GENERAL.—Part G of title IV of the 15 Higher Education Act of 1965 (20 U.S.C. 1088 et 16 seq.) is amended by inserting after section 493D the 17 following: 18 ‘‘SEC. 493E. PAYMENTS FOR STUDENT LOAN BORROWERS 19 DURING A NATIONAL EMERGENCY. 20 ‘‘(a) DEFINITIONS.—In this section: 21 ‘‘(1) CORONAVIRUS.—The term ‘coronavirus’ 22 has the meaning given the term in section 506 of the 23 Coronavirus Preparedness and Response Supple- 24 mental Appropriations Act, 2020 (Public Law 116– 25 123). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00621 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 622 1 ‘‘(2) INCOME-DRIVEN 2 REPAYMENT.—The term ‘income-driven repayment’ means— 3 ‘‘(A) income-based repayment authorized 4 under section 493C for loans made, insured, or 5 guaranteed under part B or part D; or 6 ‘‘(B) income contingent repayment author- 7 ized under section 455(e) for loans made under 8 part D. 9 ‘‘(3) INVOLUNTARY 10 COLLECTION.—The term ‘involuntary collection’ means— 11 ‘‘(A) a wage garnishment authorized under 12 section 488A of this Act or section 3720D of 13 title 31, United States Code; 14 ‘‘(B) a reduction of tax refund by amount 15 of debt authorized under section 3720A of title 16 31, United States Code; 17 ‘‘(C) a reduction of any other Federal ben- 18 efit payment by administrative offset authorized 19 under section 3716 of title 31, United States 20 Code (including a benefit payment due to an in- 21 dividual under the Social Security Act or any 22 other 23 (c)(3)(A)(i) of such section); and 24 provision described in subsection ‘‘(D) any other involuntary collection activ- 25 ity. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00622 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 623 1 ‘‘(4) NATIONAL 2 tional emergency’ means— EMERGENCY.—The term ‘na- 3 ‘‘(A) a public health emergency related to 4 the coronavirus that is declared by the Sec- 5 retary of Health and Human Services pursuant 6 to section 319 of the Public Health Service Act 7 (42 U.S.C. 247d); or 8 ‘‘(B) a national emergency related to the 9 coronavirus declared by the President under the 10 National Emergencies Act (50 U.S.C. 1601 et 11 seq.). 12 13 ‘‘(b) NATIONAL EMERGENCY STUDENT LOAN REPAYMENT ASSISTANCE.— 14 ‘‘(1) AUTHORITY.—Beginning on the date of 15 enactment of the øTake Responsibility for Workers 16 and Families Act¿, in the event of a national emer- 17 gency, the Secretary shall, for each month during 18 the national emergency period and for each borrower 19 of a loan made, insured, or guaranteed under part 20 B, D, or E, pay the total amount due for such 21 month on the loan, based on the payment plan se- 22 lected by the borrower or the borrower’s loan status. 23 ‘‘(2) NO CAPITALIZATION OF INTEREST.—With 24 respect to any loan in repayment during a national 25 emergency period, interest due on loans made, in- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00623 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 624 1 sured, or guaranteed under part B, D, or E during 2 such period shall not be capitalized at any time dur- 3 ing the national emergency. 4 ‘‘(3) APPLICABILITY OF PAYMENTS.—Any pay- 5 ment made by the Secretary under this section shall 6 be considered by the Secretary, or by a lender with 7 respect to a loan made, insured, or guaranteed 8 under part B— 9 ‘‘(A) as a qualifying payment under the 10 public service loan forgiveness program under 11 section 455(m), if the borrower would otherwise 12 qualify under such section; 13 ‘‘(B) in the case of a borrower enrolled in 14 an income-driven repayment plan, as a quali- 15 fying payment for the purpose of calculating eli- 16 gibility for loan forgiveness for the borrower in 17 accordance with section 493C(b)(7) or section 18 455(d)(1)(D), as the case may be; and 19 ‘‘(C) in the case of a borrower in default, 20 as an on-time monthly payment for purposes of 21 loan rehabilitation pursuant to section 428F(a). 22 ‘‘(4) REPORTING TO CONSUMER REPORTING 23 AGENCIES.—During 24 retary is making payments on a loan under para- 25 graph (1), the Secretary shall ensure that, for the the period in which the Sec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00624 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 625 1 purpose of reporting information about the loan to 2 a consumer reporting agency, any payment made by 3 the Secretary is treated as if it were a regularly 4 scheduled payment made by a borrower. 5 ‘‘(5) NOTICE OF PAYMENTS AND PROGRAM.— 6 Not later than 15 days following the date of enact- 7 ment of the øTake Responsibility for Workers and 8 Families Act¿, and monthly thereafter during the 9 period of a national emergency, the Secretary shall 10 provide a notice to all borrowers of loans made, in- 11 sured, or guaranteed under part B, D, or E— 12 ‘‘(A) informing borrowers of the actions 13 taken under this section; 14 ‘‘(B) providing borrowers with an easily 15 accessible method to opt out of the benefits pro- 16 vided under this section; and 17 ‘‘(C) notifying the borrower that the pro- 18 gram under this section is a temporary program 19 and will end after the national emergency ends. 20 ‘‘(6) SUSPENSION OF INVOLUNTARY COLLEC- 21 TION.—Beginning 22 øTake Responsibility for Workers and Families 23 Act¿, in the event of a national emergency, the Sec- 24 retary, or other holder of a loan made, insured, or 25 guaranteed under part B, D, or E, shall immediately on the date of enactment of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00625 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 626 1 take action to halt all involuntary collection related 2 to the loan until the date on which the national 3 emergency ends. 4 ‘‘(c) WAIVER OF INTEREST DURING NATIONAL 5 EMERGENCY.—Notwithstanding any other provision of 6 law, the Secretary shall pay any interest that would other7 wise be charged or accrue during a national emergency 8 on any loan made, insured, or guaranteed under part B, 9 D, or E. 10 ‘‘(d) TRANSITION PERIOD.—Upon the termination of 11 a national emergency, the Secretary shall carry out a pro12 gram to provide for a transition period of 90 days, begin13 ning on the day after the last day of the national emer14 gency, during which— 15 ‘‘(1) the Secretary shall provide not less than 3 16 notices to borrowers indicating when the borrower’s 17 normal payment obligations will resume; and 18 ‘‘(2) any missed payments by a borrower under 19 part B, D, or E shall not— 20 ‘‘(A) result in fees or penalties; or 21 ‘‘(B) be reported to any consumer report- 22 ing agency or otherwise impact the borrower’s 23 credit history. 24 ‘‘(e) IMPLEMENTATION IN FFEL ENTITIES.—To fa- 25 cilitate implementation of this section— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00626 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 627 1 ‘‘(1) lenders and guaranty agencies holding 2 loans made, insured, or guaranteed under part B 3 shall report, to the satisfaction of the Secretary, in- 4 formation to verify at the borrower level the amount 5 of payments made under this section; and 6 ‘‘(2) the Secretary shall have the authority to 7 establish a payment schedule for purposes of this 8 section for loans made, insured, or guaranteed under 9 part B and not held by the Secretary. 10 ‘‘(f) WAIVERS.—In carrying out this section, the Sec- 11 retary may waive the application of— 12 ‘‘(1) subchapter I of chapter 35 of title 44, 13 United States Code; 14 ‘‘(2) the master calendar requirements under 15 section 482; 16 ‘‘(3) negotiated rulemaking under section 492; 17 and 18 ‘‘(4) the requirement to publish the notices re- 19 lated to the system of records of the agency before 20 implementation required under paragraphs (4) and 21 (11) of section 552a(e) of title 5, United States 22 Code (commonly known as the ‘Privacy Act of 23 1974’), except that the notices shall be published not 24 later than 180 days after the date of enactment of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00627 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 628 1 the øTake Responsibility for Workers and Families 2 Act¿.’’.¿ 3 (2) FFEL AMENDMENT.—Section 428(c)(8) of 4 the Higher Education Act of 1965 (20 U.S.C. 5 1078(c)(8)) is amended by striking ‘‘and for which’’ 6 and all that follows through ‘‘this subsection’’. 7 (3) APPLICABILITY.—The requirement of the 8 Secretary to make payments under section 493E of 9 the Higher Education Act of 1965, as added by 10 paragraph 1, shall apply to payments due after the 11 date of enactment of this Act. 12 (b) MINIMUM RELIEF 13 ROWERS AS A RESULT FOR OF A STUDENT LOAN BOR- NATIONAL EMERGENCY.— 14 Part G of title IV the Higher Education Act of 1965 (20 15 U.S.C. 1088 et seq.), as amended by subsection (a), is 16 further amended by inserting after section 493E the fol17 lowing: 18 ‘‘SEC. 493F. MINIMUM RELIEF FOR STUDENT LOAN BOR- 19 ROWERS AS A RESULT OF A NATIONAL EMER- 20 GENCY. 21 22 ‘‘(a) MINIMUM STUDENT LOAN RELIEF AS A RESULT OF A NATIONAL EMERGENCY.—Not later than 90 days 23 after the conclusion of a national emergency (as defined 24 in section 493E), the Secretary shall, for each borrower 25 of a loan made under part B, D, or E, reduce the total L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00628 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 629 1 outstanding balance due on all such loans of the borrower, 2 by an amount equal to the lesser of— 3 ‘‘(1) the difference between $10,000 and the 4 total amount of payments made by the Secretary 5 under section 493E(b) on such loans of the borrower 6 during the period of such national emergency; or 7 ‘‘(2) the total amount of outstanding principal 8 and interest due on such loans of the borrower, as 9 of the date of the calculation under this subsection. 10 ‘‘(b) DATA TO IMPLEMENT.—Contractors of the Sec- 11 retary and lenders and guaranty agencies holding loans 12 made, insured, or guaranteed under part B shall report, 13 to the satisfaction of the Secretary, the information nec14 essary to calculate the amount to be applied under sub15 section (a).’’. 16 SEC. 100116. EXCLUSION FROM GROSS INCOME. 17 (a) IN GENERAL.—Part III of subchapter B of chap- 18 ter 1 of the Internal Revenue Code of 1986 is amended 19 by inserting after section 139H the following new section: 20 ‘‘SEC. 139I. STUDENT LOAN PAYMENTS RESULTING FROM A 21 NATIONAL EMERGENCY. 22 ‘‘Gross income shall not include any payment made 23 on behalf of the taxpayer under section 493E(b)(1) or 24 493F of the Higher Education Act of 1965.’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00629 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 630 1 (b) CLERICAL AMENDMENT.—The table of sections 2 for part III of subchapter B of chapter 1 of the Internal 3 Revenue Code of 1986 is amended by inserting after the 4 item relating to section 139H the following new item: ‘‘Sec. 139I.Student loan payments resulting from a national emergency.’’. 5 (c) EFFECTIVE DATE.—The amendments made by 6 this section shall apply to taxable years beginning after 7 December 31, 2019. 8 SEC. 100117. RULE OF CONSTRUCTION. 9 Except as otherwise provided in this Act or the 10 amendments made by this Act, nothing in this Act shall 11 be construed to provide additional authority to the Sec12 retary of Education to waive any provision of the fol13 lowing: 14 (1) The Elementary and Secondary Education 15 Act of 1965 (20 U.S.C. 6301 et seq.). 16 (2) The Individuals with Disabilities Education 17 Act (20 U.S.C. 1400 et seq.). 18 (3) The Higher Education Act of 1965 (20 19 U.S.C. 1001 et seq.). 20 (4) The Carl D. Perkins Career and Technical 21 Education Act of 2006 (20 U.S.C. 2301 et seq.) 22 TITLE II—OTHER PROGRAMS 23 SEC. 100201. PROVISIONS RELATED TO THE CORPORATION 24 FOR NATIONAL AND COMMUNITY SERVICE. 25 (a) ACCRUAL OF SERVICE HOURS.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00630 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 631 1 (1) 2 ACCRUAL THROUGH OTHER SERVICE HOURS.— 3 (A) IN GENERAL.—Notwithstanding any 4 other provision of the Domestic Volunteer Serv- 5 ice Act of 1973 (42 U.S.C. 4950 et seq.) or the 6 National and Community Service Act of 1990 7 (42 U.S.C. 12501 et seq.), the Corporation for 8 National and Community Service shall allow an 9 individual described in subparagraph (B) to ac- 10 crue other service hours that will count toward 11 the number of hours needed for the individual’s 12 education award. 13 (B) AFFECTED INDIVIDUALS.—Subpara- 14 graph (A) shall apply to any individual serving 15 in a position eligible for an educational award 16 under subtitle D of title I of the National and 17 Community Service Act of 1990 (42 U.S.C. 18 12601 et seq.)— 19 (i) who is performing limited service 20 due to COVID–19; or 21 (ii) whose position has been suspended 22 or placed on hold due to COVID–19. 23 (2) PROVISIONS IN CASE OF EARLY EXIT.—In 24 any case where an individual serving in a position el- 25 igible for an educational award under subtitle D of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00631 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 632 1 title I of the National and Community Service Act 2 of 1990 (42 U.S.C. 12601 et seq.) was required to 3 exit the position early at the direction of the Cor- 4 poration for National and Community Service, the 5 Chief Executive Officer of the Corporation for Na- 6 tional and Community Service may— 7 (A) deem such individual as having met 8 the requirements of the position; and 9 (B) award the individual the full value of 10 the educational award under such subtitle for 11 which the individual would otherwise have been 12 eligible. 13 (b) NO REQUIRED RETURN OF GRANT FUNDS.— 14 Notwithstanding section 129(l)(3)(A)(i) of the National 15 and Community Service Act of 1990 (42 U.S.C. 16 12581(l)(3)(A)(i)), the Chief Executive Officer of the Cor17 poration for National and Community Service may permit 18 fixed-amount grant recipients under such section 129(l) 19 to maintain a pro rata amount of grant funds, at the dis20 cretion of the Corporation for National and Community 21 Service, for participants who exited, were suspended, or 22 are serving in a limited capacity due to COVID–19, to 23 enable the grant recipients to maintain operations and to 24 accept participants. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00632 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 633 1 (c) EXTENSION OF TERMS AND AGE LIMITS.—Not- 2 withstanding any other provision of law, the Corporation 3 for National and Community Service may extend the term 4 of service (for a period not to exceed the 1-year period 5 immediately following the end of the national emergency) 6 or waive any upper age limit (except in no case shall the 7 maximum age exceed 26 years of age) for national service 8 programs carried out by the National Civilian Community 9 Corps under subtitle E of title I of the National and Com10 munity Service Act of 1990 (42 U.S.C. 12611 et seq.), 11 and the participants in such programs, for the purposes 12 of— 13 (1) addressing disruptions due to COVID–19; 14 and 15 (2) minimizing the difficulty in returning to full 16 operation due to COVID–19 on such programs and 17 participants. 22 DIVISION K—AGRICULTURE PROVISIONS TITLE I—COMMODITY SUPPORT AND OTHER AGRICULTURE PROGRAMS 23 SEC. 110101. SUPPLEMENTAL DAIRY MARGIN COVERAGE. 18 19 20 21 24 (a) IN GENERAL.—Of the funds of the Commodity 25 Credit Corporation, the Secretary of Agriculture shall pro- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00633 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 634 1 vide supplemental dairy margin coverage payments to eli2 gible dairy operations described in subsection (b) whenever 3 the average actual dairy production margin (as defined in 4 section 1401 of the Agricultural Act of 2014 (7 U.S.C. 5 9051)) for a month is less than the coverage level thresh6 old selected by such eligible dairy operation under such 7 section 1406. 8 (b) ELIGIBLE DAIRY OPERATION DESCRIBED.—An 9 eligible dairy operation described in this subsection is a 10 participating dairy operation (as defined in section 1401 11 of the Agricultural Act of 2014 (7 U.S.C. 9051)) that— 12 (1) is located in the United States; and 13 (2) on the date of the enactment of this section, 14 had a production history established under the dairy 15 margin coverage program described in section 1405 16 of the Agricultural Act of 2014 (7 U.S.C. 9055) of 17 less than 5 million pounds, as determined in accord- 18 ance with subsection (c). 19 (c) SUPPLEMENTAL PRODUCTION HISTORY CAL- 20 CULATION.— 21 (1) IN GENERAL.—For purposes of determining 22 the production history of an eligible dairy operation 23 under this subsection, such an operation’s produc- 24 tion history shall be equal to— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00634 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 635 1 (A) the production volume of such dairy 2 operation for the 2019 milk marketing year; 3 minus 4 (B) the production history of such dairy 5 operation established under section 1405 of the 6 Agricultural Act of 2014 (7 U.S.C. 9055). 7 (2) 5-MILLION 8 (A) IN POUND LIMITATION.— GENERAL.—The Secretary shall not 9 provide supplemental dairy margin coverage on 10 a dairy operation’s actual production for cal- 11 endar year 2019 such that the total production 12 history of the operation exceeds 5 million 13 pounds. 14 (B) DETERMINATION OF AMOUNT.—In cal- 15 culating the total production history of a dairy 16 operation under subparagraph (A), the Sec- 17 retary shall add the following: 18 (i) The supplemental production his- 19 tory calculated under paragraph (1) with 20 respect to such dairy operation. 21 (ii) The dairy margin coverage pro- 22 duction history described in paragraph 23 (1)(B) with respect to such dairy oper- 24 ation. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00635 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 636 1 (d) COVERAGE PERCENTAGE.—For purposes of cal- 2 culating payments to be issued under this section, an eligi3 ble dairy operation’s coverage percentage shall be equal 4 to the coverage percentage selected by such eligible dairy 5 operation under section 1406 of the Agricultural Act of 6 2014 (7 U.S.C. 9056). 7 (e) PREMIUM COST.—The premium cost for an eligi- 8 ble dairy operation under this section shall be equal to 9 the product of multiplying— 10 (1) the Tier I premium cost calculated under 11 section 1407(b) of the Agricultural Act of 2014 (7 12 U.S.C. 9057(b)); by 13 (2) the production history calculation deter- 14 mined under subsection (c) (such that total produc- 15 tion history does not exceed 5 million pounds). 16 (f) REGULATIONS.—Not later than 45 days after the 17 date of the enactment of this section, the Secretary shall 18 issue regulations to carry out this section. 19 (g) RETROACTIVITY.—The authority to carry out this 20 section shall begin on January 1, 2020. 21 SEC. 110102. TARGETED PURCHASES. 22 (a) IN GENERAL.—The Secretary of Agriculture shall 23 utilize not less than $300,000,000 of the funds available 24 under section 32 of the Act of August 24, 1935 (7 U.S.C. 25 612c) to purchase qualified agricultural products for the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00636 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 637 1 purpose of donating the products to food assistance pro2 grams, including the Emergency Food Assistance Pro3 gram, of which the Secretary shall utilize— 4 (1) not less than $150,000,000 to purchase spe- 5 cialty crops; 6 (2) not less than $75,000,000 to purchase 7 dairy; and 8 (3) not less than $75,000,000 to purchase meat 9 and poultry products. 10 (b) 11 FINED.—In QUALIFIED AGRICULTURAL PRODUCT DE- this section, the term ‘‘qualified agricultural 12 product’’ means a dairy, meat, or poultry product, or a 13 specialty crop— 14 (1) that was packaged or marketed for sale to 15 commercial or food service industries; 16 (2) for which decreased demand exists for such 17 a product due to the COVID–19 outbreak; and 18 (3) the repurposing of which would be imprac- 19 tical for grocery or retail sale. 22 TITLE II—SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM 23 SEC. 110201. SNAP FUNDING. 20 21 24 There are hereby appropriated to the Secretary of 25 Agriculture, out of any money in the Treasury not other- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00637 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 638 1 wise appropriated, such sums as maybe necessary to carry 2 out this title and sections 2301 and 2302 of the Families 3 First Coronavirus Response Act (Public Law 116–127). 4 SEC. 110202. SNAP ALLOTMENTS. 5 (a) NUTRITION ASSISTANCE ALLOTMENT 6 AMOUNT.— 7 (1) VALUE OF BENEFITS.—Notwithstanding 8 any other provision of law, beginning on May 1, 9 2020, the value of benefits determined under section 10 8(a) of the Food and Nutrition Act of 2008 (7 11 U.S.C. 2017(a)), and consolidated block grants for 12 Puerto Rico and American Samoa determined under 13 section 19(a) of such Act (7 U.S.C. 2028(a)), shall 14 be calculated using 115 percent of the June 2019 15 value of the thrifty food plan (as defined in section 16 3 of such Act (7 U.S.C. 2012)) if the value of the 17 benefits and block grants would be greater under 18 that calculation than in the absence of this para- 19 graph. 20 (2) MINIMUM 21 (A) IN AMOUNT.— GENERAL.—The minimum value of 22 benefits determined under section 8(a) of the 23 Food and Nutrition Act of 2008 (7 U.S.C. 24 2017(a)) for a household of not more than 2 25 members shall be $30. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00638 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 639 1 (B) EFFECTIVENESS.—Subparagraph (A) 2 shall remain in effect until the date on which 8 3 percent of the value of the thrifty food plan for 4 a household containing 1 member, rounded to 5 the nearest whole dollar increment, is equal to 6 or greater than $30. 7 (b) REQUIREMENTS FOR THE SECRETARY.—In car- 8 rying out this section, the Secretary shall— 9 (1) consider the benefit increases described in 10 subsection (a) to be a ‘‘mass change’’; 11 (2) require a simple process for States to notify 12 households of the increase in benefits; 13 (3) not include any errors in the implementa- 14 tion of this section in the payment error rate cal- 15 culated under section 16(c) of the Food and Nutri- 16 tion Act of 2008 (7 U.S.C. 2025(c)); 17 (4) disregard the additional amount of benefits 18 that a household receives as a result of this section 19 in determining the amount of overissuances under 20 section 13 of the Food and Nutrition Act of 2008 21 (7 U.S.C. 2022); and 22 (5) set the tolerance level for excluding small 23 errors for the purposes of section 16(c) of the Food 24 and Nutrition Act of 2008 (7 U.S.C. 2025(c)) at 25 $50 through September 30, 2021. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00639 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 640 1 (c) ADMINISTRATIVE EXPENSES.— 2 (1) IN GENERAL.—For the costs of State ad- 3 ministrative expenses associated with carrying out 4 this section and administering the supplemental nu- 5 trition assistance program established under the 6 Food and Nutrition Act of 2008 (7 U.S.C. 2011 et 7 seq.), the Secretary of Agriculture shall make avail- 8 able 9 $150,000,000 for fiscal year 2021. 10 $150,000,000 (2) TIMING for fiscal year 2020 and FOR FISCAL YEAR 2020.—Not later 11 than 60 days after the date of the enactment of this 12 section, the Secretary shall make available to States 13 amounts for fiscal year 2020 under paragraph (1). 14 (3) ALLOCATION OF FUNDS.—Funds described 15 in paragraph (1) shall be made available as grants 16 to State agencies for each fiscal year as follows: 17 (A) 75 percent of the amounts available 18 for each fiscal year shall be allocated to States 19 based on the share of each State of households 20 that participate in the supplemental nutrition 21 assistance program as reported to the Depart- 22 ment of Agriculture for the most recent 12- 23 month period for which data are available, ad- 24 justed by the Secretary (as of the date of the 25 enactment of this section) for participation in L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00640 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 641 1 disaster programs under section 5(h) of the 2 Food and Nutrition Act of 2008 (7 U.S.C. 3 2014(h)); and 4 (B) 25 percent of the amounts available 5 for each fiscal year shall be allocated to States 6 based on the increase in the number of house- 7 holds that participate in the supplemental nu- 8 trition assistance program as reported to the 9 Department of Agriculture over the most recent 10 12-month period for which data are available, 11 adjusted by the Secretary (as of the date of the 12 enactment of this section) for participation in 13 disaster programs under section 5(h) of the 14 Food and Nutrition Act of 2008 (7 U.S.C. 15 2014(h)). 16 SEC. 110203. SNAP RULES. 17 No funds (including fees) made available under this 18 Act or any other Act for any fiscal year may be used to 19 finalize, implement, administer, enforce, carry out, or oth20 erwise give effect to— 21 (1) the final rule entitled ‘‘Supplemental Nutri- 22 tion Assistance Program: Requirements for Able- 23 Bodied Adults Without Dependents’’ published in 24 the Federal Register on December 5, 2019 (84 Fed. 25 Reg. 66782); L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00641 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 642 1 (2) the proposed rule entitled ‘‘Revision of Cat- 2 egorical Eligibility in the Supplemental Nutrition 3 Assistance Program (SNAP)’’ published in the Fed- 4 eral Register on July 24, 2019 (84 Fed. Reg. 5 35570); or 6 (3) the proposed rule entitled ‘‘Supplemental 7 Nutrition Assistance Program: Standardization of 8 State Heating and Cooling Standard Utility Allow- 9 ances’’ published in the Federal Register on October 10 3, 2019 (84 Fed. Reg. 52809). 11 SEC. 110204. SNAP HOT FOOD PURCHASES. 12 During the period beginning 10 days after the date 13 of the enactment of this Act and ending on the termi14 nation date of the public health emergency declaration 15 made by the Secretary of Health and Human Services 16 under section 319 of the Public Health Service Act based 17 on an outbreak of coronavirus disease 2019 (COVID–19), 18 the term ‘‘food’’, as defined in section 3 of the Food and 19 Nutrition Act of 2008 (7 U.S.C. 2012), shall be deemed 20 to exclude ‘‘hot foods or hot food products ready for imme21 diate consumption other than those authorized pursuant 22 to clauses (3), (4), (5), (7), (8), and (9) of this sub23 section,’’ for purposes of such Act, except that such exclu24 sion is limited to retail food stores authorized to accept L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00642 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 643 1 and redeem supplemental nutrition assistance program 2 benefits as of the date of enactment of this Act. 3 øSEC. 110205. WAIVER. øAny funds provided in the Third Coronavirus Pre- 4 5 paredness and Response Supplemental Appropriations 6 Act, 2020 for the Food Distribution Program on Indian 7 Reservations, as authorized by section 4(b) of the Food 8 and Nutrition Act of 2008 (7 U.S.C. 2013(b)), are not 9 subject to the payment of the non-Federal share require10 ment described in section 4(b)(4)(A) of the Food and Nu11 trition Act of 2008 (7 U.S.C. 2013(b)(4)(A)).¿ DIVISION L—ACCESS ACT 12 13 SEC. 120001. SHORT TITLE. 14 This division may be cited as the ‘‘American 15 Coronavirus/COVID–19 Election Safety and Security 16 Act’’ or the ‘‘ACCESS Act’’. 17 SEC. 120002. REQUIREMENTS FOR FEDERAL ELECTION 18 CONTINGENCY PLANS IN RESPONSE TO NAT- 19 URAL DISASTERS AND EMERGENCIES. 20 (a) IN GENERAL.— 21 (1) ESTABLISHMENT.—Not later than 30 days 22 after the date of the enactment of this Act, each 23 State and each jurisdiction in a State which is re- 24 sponsible for administering elections for Federal of- 25 fice shall establish and make publicly available a L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00643 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 644 1 contingency plan to enable individuals to vote in 2 elections for Federal office during a state of emer- 3 gency, public health emergency, or national emer- 4 gency which has been declared for reasons includ- 5 ing— 6 (A) a natural disaster; or 7 (B) an infectious disease. 8 (2) UPDATING.—Each State and jurisdiction 9 shall update the contingency plan established under 10 this subsection not less frequently than every 5 11 years. 12 (b) REQUIREMENTS RELATING TO SAFETY.—The 13 contingency plan established under subsection (a) shall in14 clude initiatives to provide equipment and resources need15 ed to protect the health and safety of poll workers and 16 voters when voting in person. 17 (c) REQUIREMENTS RELATING TO RECRUITMENT OF 18 POLL WORKERS.—The contingency plan established 19 under subsection (a) shall include initiatives by the chief 20 State election official and local election officials to recruit 21 poll workers from resilient or unaffected populations, 22 which may include— 23 (1) employees of other State and local govern- 24 ment offices; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00644 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 645 1 (2) in the case in which an infectious disease 2 poses significant increased health risks to elderly in- 3 dividuals, students of secondary schools and institu- 4 tions of higher education in the State. 5 (d) STATE.—For purposes of this section, the term 6 ‘‘State’’ includes the District of Columbia, the Common7 wealth of Puerto Rico, Guam, American Samoa, the 8 United States Virgin Islands, and the Commonwealth of 9 the Northern Mariana Islands. 10 (e) ENFORCEMENT.— 11 (1) ATTORNEY GENERAL.—The Attorney Gen- 12 eral may bring a civil action against any State or ju- 13 risdiction in an appropriate United States District 14 Court for such declaratory and injunctive relief (in- 15 cluding a temporary restraining order, a permanent 16 or temporary injunction, or other order) as may be 17 necessary to carry out the requirements of this sec- 18 tion. 19 (2) PRIVATE 20 (A) IN RIGHT OF ACTION.— GENERAL.—In the case of a viola- 21 tion of this section, any person who is aggrieved 22 by such violation may provide written notice of 23 the violation to the chief election official of the 24 State involved. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00645 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 646 1 (B) RELIEF.—If the violation is not cor- 2 rected within 20 days after receipt of a notice 3 under subparagraph (A), or within 5 days after 4 receipt of the notice if the violation occurred 5 within 120 days before the date of an election 6 for Federal office, the aggrieved person may, in 7 a civil action, obtain declaratory or injunctive 8 relief with respect to the violation. 9 (C) SPECIAL RULE.—If the violation oc- 10 curred within 5 days before the date of an elec- 11 tion for Federal office, the aggrieved person 12 need not provide notice to the chief election of- 13 ficial of the State involved under subparagraph 14 (A) before bringing a civil action under sub- 15 paragraph (B). 16 (f) EFFECTIVE DATE.—This section shall apply with 17 respect to the regularly scheduled general election for Fed18 eral office held in November 2020 and each succeeding 19 election for Federal office. 20 SEC. 120003. EARLY VOTING AND VOTING BY MAIL. 21 (a) REQUIREMENTS.—Title III of the Help America 22 Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended 23 by adding at the end the following new subtitle: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00646 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 647 ‘‘Subtitle C—Other Requirements 1 2 ‘‘SEC. 321. EARLY VOTING. 3 4 ‘‘(a) REQUIRING ALLOWING VOTING PRIOR OF TO DATE ELECTION.— 5 ‘‘(1) IN GENERAL.—Each State shall allow indi- 6 viduals to vote in an election for Federal office dur- 7 ing an early voting period which occurs prior to the 8 date of the election, in the same manner as voting 9 is allowed on such date. 10 ‘‘(2) LENGTH OF PERIOD.—The early voting 11 period required under this subsection with respect to 12 an election shall consist of a period of consecutive 13 days (including weekends) which begins on the 15th 14 day before the date of the election (or, at the option 15 of the State, on a day prior to the 15th day before 16 the date of the election) and ends on the date of the 17 election. 18 ‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.— 19 Each polling place which allows voting during an early vot20 ing period under subsection (a) shall— 21 ‘‘(1) allow such voting for no less than 10 hours 22 on each day; 23 ‘‘(2) have uniform hours each day for which 24 such voting occurs; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00647 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 648 1 ‘‘(3) allow such voting to be held for some pe- 2 riod of time prior to 9:00 a.m (local time) and some 3 period of time after 5:00 p.m. (local time). 4 ‘‘(c) LOCATION OF POLLING PLACES.— 5 ‘‘(1) 6 TATION.—To 7 shall ensure that each polling place which allows vot- 8 ing during an early voting period under subsection 9 (a) is located within walking distance of a stop on PROXIMITY TO PUBLIC TRANSPOR- the greatest extent practicable, a State 10 a public transportation route. 11 ‘‘(2) AVAILABILITY IN RURAL AREAS.—The 12 State shall ensure that polling places which allow 13 voting during an early voting period under sub- 14 section (a) will be located in rural areas of the State, 15 and shall ensure that such polling places are located 16 in communities which will provide the greatest op- 17 portunity for residents of rural areas to vote during 18 the early voting period. 19 ‘‘(d) STANDARDS.— 20 ‘‘(1) IN GENERAL.—The Commission shall issue 21 standards for the administration of voting prior to 22 the day scheduled for a Federal election. Such 23 standards shall include the nondiscriminatory geo- 24 graphic placement of polling places at which such 25 voting occurs. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00648 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 649 1 ‘‘(2) DEVIATION.—The standards described in 2 paragraph (1) shall permit States, upon providing 3 adequate public notice, to deviate from any require- 4 ment in the case of unforeseen circumstances such 5 as a natural disaster, terrorist attack, or a change 6 in voter turnout. 7 ‘‘(e) BALLOT PROCESSING 8 AND SCANNING REQUIRE- MENTS.— 9 ‘‘(1) IN GENERAL.—The State shall begin proc- 10 essing and scanning ballots cast during early voting 11 for tabulation at least 14 days prior to the date of 12 the election involved. 13 ‘‘(2) LIMITATION.—Nothing in this subsection 14 shall be construed to permit a State to tabulate bal- 15 lots in an election before the closing of the polls on 16 the date of the election. 17 ‘‘(f) EFFECTIVE DATE.—This section shall apply 18 with respect to the regularly scheduled general election for 19 Federal office held in November 2020 and each succeeding 20 election for Federal office. 21 ‘‘SEC. 322. PROMOTING ABILITY OF VOTERS TO VOTE BY 22 MAIL. 23 24 ‘‘(a) UNIFORM AVAILABILITY TO OF ABSENTEE VOTING ALL VOTERS.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00649 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 650 1 ‘‘(1) IN GENERAL.—If an individual in a State 2 is eligible to cast a vote in an election for Federal 3 office, the State may not impose any additional con- 4 ditions or requirements on the eligibility of the indi- 5 vidual to cast the vote in such election by absentee 6 ballot by mail, including— 7 ‘‘(A) requiring any form of identification 8 as a condition of obtaining the absentee ballot; 9 or 10 ‘‘(B) requiring notarization or witness sig- 11 nature or other formal authentication (other 12 than voter attestation) as a condition of the ac- 13 ceptance of the ballot by an election official. 14 ‘‘(2) PERMITTING 15 CERTAIN REQUIREMENTS.— Notwithstanding paragraph (1)— 16 ‘‘(A) a State shall require an individual to 17 meet signature verification in accordance with 18 subsection (b); and 19 ‘‘(B) the State may impose a deadline for 20 requesting the ballot and related voting mate- 21 rials from the appropriate State or local elec- 22 tion official and for returning the ballot to the 23 appropriate State or local election official. 24 ‘‘(b) REQUIRING SIGNATURE VERIFICATION.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00650 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 651 1 ‘‘(1) REQUIREMENT.—A State may not accept 2 and process an absentee ballot submitted by any in- 3 dividual with respect to an election for Federal office 4 unless the State verifies the identification of the in- 5 dividual by comparing the individual’s signature on 6 the absentee ballot with the individual’s signature on 7 the official list of registered voters in the State, in 8 accordance with such procedures as the State may 9 adopt (subject to the requirements of paragraph 10 (2)). 11 ‘‘(2) DUE PROCESS REQUIREMENTS.— 12 ‘‘(A) NOTICE AND OPPORTUNITY TO CURE 13 DISCREPANCY.—If an individual submits an ab- 14 sentee ballot and the appropriate State or local 15 election official determines that a discrepancy 16 exists between the signature on such ballot and 17 the signature of such individual on the official 18 list of registered voters in the State, such elec- 19 tion official, prior to making a final determina- 20 tion as to the validity of such ballot, shall make 21 a good faith effort to immediately notify such 22 individual by mail, telephone, and (if available) 23 electronic mail that— 24 ‘‘(i) a discrepancy exists between the 25 signature on such ballot and the signature L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00651 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 652 1 of such individual on the official list of reg- 2 istered voters in the State; 3 ‘‘(ii) such individual may provide the 4 official with information to cure such dis- 5 crepancy, either in person, by telephone, or 6 by electronic methods; and 7 ‘‘(iii) if such discrepancy is not cured 8 prior to the expiration of the 7-day period 9 which begins on the date of the election, 10 such ballot will not be counted. 11 ‘‘(B) OPPORTUNITY TO PROVIDE MISSING 12 SIGNATURE.—If 13 sentee ballot without a signature, the State 14 shall notify the individual and give the indi- 15 vidual an opportunity to provide the missing 16 signature on a form proscribed by the State. 17 ‘‘(C) OTHER an individual submits an ab- REQUIREMENTS.—An election 18 official may not make a determination that a 19 discrepancy exists between the signature on an 20 absentee ballot and the signature of the indi- 21 vidual who submits the ballot on the official list 22 of registered voters in the State unless— 23 ‘‘(i) at least 2 election officials make 24 the determination; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00652 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 653 1 ‘‘(ii) each official who makes the de- 2 termination has received training in proce- 3 dures used to verify signatures. 4 ‘‘(3) REPORT.— 5 ‘‘(A) IN GENERAL.—Not later than 120 6 days after the end of a Federal election cycle, 7 each chief State election official shall submit to 8 Congress a report containing the following in- 9 formation for the applicable Federal election 10 cycle in the State: 11 ‘‘(i) The number of ballots invalidated 12 due to a discrepancy under this subsection. 13 ‘‘(ii) Description of attempts to con- 14 tact voters to provide notice as required by 15 this subsection. 16 ‘‘(iii) Description of the cure process 17 developed by such State pursuant to this 18 subsection, including the number of ballots 19 determined valid as a result of such proc- 20 ess. 21 ‘‘(B) FEDERAL ELECTION CYCLE DE- 22 FINED.—For 23 term ‘Federal election cycle’ means the period 24 beginning on January 1 of any odd numbered purposes of this subsection, the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00653 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 654 1 year and ending on December 31 of the fol- 2 lowing year. 3 ‘‘(c) METHODS TIMING AND FOR TRANSMISSION OF 4 BALLOTS AND BALLOTING MATERIALS TO VOTERS.— 5 ‘‘(1) METHOD FOR REQUESTING BALLOT.—In 6 addition to such other methods as the State may es- 7 tablish for an individual to request an absentee bal- 8 lot, the State shall permit an individual to submit a 9 request for an absentee ballot online. The State shall 10 be considered to meet the requirements of this para- 11 graph if the website of the appropriate State or local 12 election official allows an absentee ballot request ap- 13 plication to be completed and submitted online and 14 if the website permits the individual— 15 ‘‘(A) to print the application so that the 16 individual may complete the application and re- 17 turn it to the official; or 18 ‘‘(B) request that a paper copy of the ap- 19 plication be transmitted to the individual by 20 mail or electronic mail so that the individual 21 may complete the application and return it to 22 the official. 23 ‘‘(2) ENSURING DELIVERY PRIOR TO ELEC- 24 TION.—If 25 ballot in an election for Federal office, the appro- an individual requests to vote by absentee L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00654 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 655 1 priate State or local election official shall ensure 2 that the ballot and relating voting materials are re- 3 ceived by the individual prior to the date of the elec- 4 tion so long as the individual’s request is received by 5 the official not later than 5 days (excluding Satur- 6 days, Sundays, and legal public holidays) before the 7 date of the election, except that nothing in this para- 8 graph shall preclude a State or local jurisdiction 9 from allowing for the acceptance and processing of 10 ballot requests submitted or received after such re- 11 quired period. 12 ‘‘(3) SPECIAL 13 RULES IN CASE OF EMERGENCY PERIODS.— 14 ‘‘(A) AUTOMATIC MAILING OF ABSENTEE 15 BALLOTS TO ALL VOTERS.—If 16 an election is held is in an area in which an 17 emergency or disaster which is described in sub- 18 paragraph (A) or (B) of section 1135(g)(1) of 19 the Social Security Act (42 U.S.C. 1320b- 20 5(g)(1)) is declared during the period described 21 in subparagraph (C)— 22 the area in which ‘‘(i) paragraphs (1) and (2) shall not 23 apply with respect to the election; and 24 ‘‘(ii) not later than 2 weeks before the 25 date of the election, the appropriate State L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00655 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 656 1 or local election official shall transmit ab- 2 sentee ballots and balloting materials for 3 the election to all individuals who are reg- 4 istered to vote in such election. 5 ‘‘(B) AFFIRMATION.—If an individual re- 6 ceives an absentee ballot from a State or local 7 election official pursuant to subparagraph (A) 8 and returns the voted ballot to the official, the 9 ballot shall not be counted in the election unless 10 the individual includes with the ballot a signed 11 affirmation that— 12 ‘‘(i) the individual has not and will 13 not cast another ballot with respect to the 14 election; and 15 ‘‘(ii) acknowledges that a material 16 misstatement of fact in completing the bal- 17 lot may constitute grounds for conviction 18 of perjury. 19 ‘‘(C) PERIOD DESCRIBED.—The period de- 20 scribed in this subparagraph with respect to an 21 election is the period which begins 120 days be- 22 fore the date of the election and ends 30 days 23 before the date of the election. 24 ‘‘(D) APPLICATION 25 TO NOVEMBER GENERAL ELECTION.—Because 2020 of the public L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00656 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 657 1 health emergency declared pursuant to section 2 319 of the Public Health Service Act (42 3 U.S.C. 247d) resulting from the COVID–19 4 pandemic, the special rules set forth in this 5 paragraph shall apply with respect to the regu- 6 larly scheduled general election for Federal of- 7 fice held in November 2020 in each State. 8 9 ‘‘(d) ACCESSIBILITY ABILITIES.—The FOR INDIVIDUALS WITH DIS- State shall ensure that all absentee bal- 10 lots and related voting materials in elections for Federal 11 office are accessible to individuals with disabilities in a 12 manner that provides the same opportunity for access and 13 participation (including with privacy and independence) as 14 for other voters. 15 ‘‘(e) REQUIREMENTS FOR ENVELOPES.— 16 ‘‘(1) PREPAYMENT OF POSTAGE.—Consistent 17 with regulations of the United States Postal Service, 18 the State or the unit of local government responsible 19 for the administration of an election for Federal of- 20 fice shall prepay the postage on any ballot in the 21 election which is cast by mail. 22 ‘‘(2) USE OF SELF-SEALING ENVELOPE.—The 23 State or unit of local government shall provide with 24 any absentee ballot transmitted to a voter by mail 25 a self-sealing return envelope. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00657 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 658 1 ‘‘(f) UNIFORM DEADLINE FOR ACCEPTANCE OF 2 MAILED BALLOTS.—If a ballot submitted by an individual 3 by mail with respect to an election for Federal office in 4 a State is postmarked on or before the date of the election, 5 the State may not refuse to accept or process the ballot 6 on the grounds that the individual did not meet a deadline 7 for returning the ballot to the appropriate State or local 8 election official. 9 ‘‘(g) METHODS OF RETURNING BALLOTS.— 10 ‘‘(1) IN GENERAL.—The State shall permit an 11 individual to whom a ballot in an election was pro- 12 vided under this section to cast the ballot by deliv- 13 ering the ballot at such times and to such locations 14 as the State may establish, including— 15 ‘‘(A) permitting the individual to deliver 16 the ballot to a polling place on the date of the 17 election; and 18 ‘‘(B) permitting the individual to deliver 19 the ballot to a designated ballot drop-off loca- 20 tion. 21 ‘‘(2) 22 PERMITTING VOTERS TO DESIGNATE OTHER PERSON TO RETURN BALLOT.—The State— 23 ‘‘(A) shall permit a voter to designate any 24 person to return a voted and sealed absentee 25 ballot to the post office, a ballot drop-off loca- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00658 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 659 1 tion, tribally designated building, or election of- 2 fice so long as the person designated to return 3 the ballot does not receive any form of com- 4 pensation based on the number of ballots that 5 the person has returned and no individual, 6 group, or organization provides compensation 7 on this basis; and 8 ‘‘(B) may not put any limit on how many 9 voted and sealed absentee ballots any des- 10 ignated person can return to the post office, a 11 ballot drop off location, tribally designated 12 building, or election office. 13 14 ‘‘(h) BALLOT PROCESSING AND SCANNING REQUIRE- MENTS.— 15 ‘‘(1) IN GENERAL.—The State shall begin proc- 16 essing and scanning ballots cast by mail for tabula- 17 tion at least 14 days prior to the date of the election 18 involved. 19 ‘‘(2) LIMITATION.—Nothing in this subsection 20 shall be construed to permit a State to tabulate bal- 21 lots in an election before the closing of the polls on 22 the date of the election. 23 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec- 24 tion shall be construed to affect the authority of States L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00659 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 660 1 to conduct elections for Federal office through the use of 2 polling places at which individuals cast ballots. 3 4 ‘‘(j) NO EFFECT SENT MILITARY AND ON BALLOTS SUBMITTED BY AB- OVERSEAS VOTERS; TREATMENT 5 BLANK ABSENTEE BALLOTS TRANSMITTED TO OF CERTAIN 6 VOTERS.—Nothing in this section may be construed to af7 fect the treatment of any ballot submitted by an individual 8 who is entitled to vote by absentee ballot under the Uni9 formed and Overseas Citizens Absentee Voting Act (52 10 U.S.C. 20301 et seq.), and any blank absentee ballot 11 transmitted to an individual by mail or electronically in 12 accordance with section 102(f) of such Act shall be treated 13 in the same manner as any other absentee ballot for pur14 poses of this section. 15 ‘‘(k) EFFECTIVE DATE.—This section shall apply 16 with respect to the regularly scheduled general election for 17 Federal office held in November 2020 and each succeeding 18 election for Federal office. 19 ‘‘SEC. 323. ABSENTEE BALLOT TRACKING PROGRAM. 20 ‘‘(a) REQUIREMENT.—Each State shall carry out a 21 program to track and confirm the receipt of absentee bal22 lots in an election for Federal office under which the State 23 or local election official responsible for the receipt of voted 24 absentee ballots in the election carries out procedures to 25 track and confirm the receipt of such ballots, and makes L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00660 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 661 1 information on the receipt of such ballots available to the 2 individual who cast the ballot, by means of online access 3 using the Internet site of the official’s office. 4 ‘‘(b) INFORMATION ON WHETHER VOTE WAS 5 COUNTED.—The information referred to under subsection 6 (a) with respect to the receipt of an absentee ballot shall 7 include information regarding whether the vote cast on the 8 ballot was counted, and, in the case of a vote which was 9 not counted, the reasons therefor. 10 ‘‘(c) USE OF TOLL-FREE TELEPHONE NUMBER BY 11 OFFICIALS WITHOUT INTERNET SITE.—A program estab12 lished by a State or local election official whose office does 13 not have an Internet site may meet the requirements of 14 subsection (a) if the official has established a toll-free tele15 phone number that may be used by an individual who cast 16 an absentee ballot to obtain the information on the receipt 17 of the voted absentee ballot as provided under such sub18 section. 19 ‘‘(d) EFFECTIVE DATE.—This section shall apply 20 with respect to the regularly scheduled general election for 21 Federal office held in November 2020 and each succeeding 22 election for Federal office. 23 ‘‘SEC. 324. RULES FOR COUNTING PROVISIONAL BALLOTS. 24 25 ‘‘(a) STATEWIDE COUNTING OF PROVISIONAL BAL- LOTS.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00661 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 662 1 ‘‘(1) IN GENERAL.—For purposes of section 2 302(a)(4), notwithstanding the precinct or polling 3 place at which a provisional ballot is cast within the 4 State, the appropriate election official shall count 5 each vote on such ballot for each election in which 6 the individual who cast such ballot is eligible to vote. 7 ‘‘(2) EFFECTIVE DATE.—This subsection shall 8 apply with respect to the regularly scheduled general 9 election for Federal office held in November 2020 10 and each succeeding election for Federal office. 11 ‘‘(b) UNIFORM 12 AND NONDISCRIMINATORY STAND- ARDS.— 13 ‘‘(1) IN GENERAL.—Consistent with the re- 14 quirements of section 302, each State shall establish 15 uniform and nondiscriminatory standards for the 16 issuance, handling, and counting of provisional bal- 17 lots. 18 ‘‘(2) EFFECTIVE DATE.—This subsection shall 19 apply with respect to the regularly scheduled general 20 election for Federal office held in November 2020 21 and each succeeding election for Federal office. 22 ‘‘SEC. 325. COVERAGE OF COMMONWEALTH OF NORTHERN 23 MARIANA ISLANDS. 24 ‘‘In this subtitle, the term ‘State’ includes the Com- 25 monwealth of the Northern Mariana Islands. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00662 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 663 1 ‘‘SEC. 326. MINIMUM REQUIREMENTS FOR EXPANDING 2 ABILITY OF INDIVIDUALS TO VOTE. 3 ‘‘The requirements of this subtitle are minimum re- 4 quirements, and nothing in this subtitle may be construed 5 to prevent a State from establishing standards which pro6 mote the ability of individuals to vote in elections for Fed7 eral office, so long as such standards are not inconsistent 8 with the requirements of this subtitle or other Federal 9 laws.’’. 10 (b) CONFORMING AMENDMENT RELATING TO 11 ISSUANCE OF 12 COMMISSION.—Section 311(b) of such Act (52 SISTANCE VOLUNTARY GUIDANCE BY ELECTION AS- 13 U.S.C. 21101(b)) is amended— 14 (1) by striking ‘‘and’’ at the end of paragraph 15 (2); 16 (2) by striking the period at the end of para- 17 graph (3) and inserting ‘‘; and’’; and 18 (3) by adding at the end the following new 19 paragraph: 20 ‘‘(4) in the case of the recommendations with 21 respect to subtitle C, June 30, 2020.’’. 22 (c) ENFORCEMENT.— 23 (1) COVERAGE UNDER EXISTING ENFORCE- 24 MENT PROVISIONS.—Section 25 U.S.C. 21111) is amended by striking ‘‘and 303’’ 26 and inserting ‘‘303, and subtitle C of title III’’. 401 of such Act (52 L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00663 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 664 1 (2) AVAILABILITY OF PRIVATE RIGHT OF AC- 2 TION.—Title 3 is amended by adding at the end the following new 4 section: 5 IV of such (52 U.S.C. 21111 et seq.) ‘‘SEC. 403. PRIVATE RIGHT OF ACTION FOR VIOLATIONS OF 6 CERTAIN REQUIREMENTS. 7 ‘‘(a) IN GENERAL.—In the case of a violation of sub- 8 title C of title III, section 402 shall not apply and any 9 person who is aggrieved by such violation may provide 10 written notice of the violation to the chief election official 11 of the State involved. 12 ‘‘(b) RELIEF.—If the violation is not corrected within 13 20 days after receipt of a notice under subsection (a), or 14 within 5 days after receipt of the notice if the violation 15 occurred within 120 days before the date of an election 16 for Federal office, the aggrieved person may, in a civil ac17 tion, obtain declaratory or injunctive relief with respect 18 to the violation. 19 ‘‘(c) SPECIAL RULE.—If the violation occurred within 20 5 days before the date of an election for Federal office, 21 the aggrieved person need not provide notice to the chief 22 election official of the State involved under subsection (a) 23 before bringing a civil action under subsection (b).’’. 24 (d) CLERICAL AMENDMENT.—The table of contents 25 of such Act is amended— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00664 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 665 1 (1) by adding at the end of the items relating 2 to title III the following: ‘‘Subtitle C—Other Requirements ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. 321. 322. 323. 324. 325. 326. Early voting. Promoting ability of voters to vote by mail. Absentee ballot tracking program. Rules for counting provisional ballots. Coverage of Commonwealth of Northern Mariana Islands. Minimum requirements for expanding ability of individuals to vote.’’; and 3 (2) by adding at the end of the items relating 4 to title IV the following new item: ‘‘Sec. 403. Private right of action for violations of certain requirements.’’. 5 SEC. 120004. POSTAGE-FREE ABSENTEE BALLOTS. 6 (a) IN GENERAL.—Chapter 34 of title 39, United 7 States Code, is amended by adding after section 3406 the 8 following: 9 ‘‘§ 3407. Absentee ballots 10 ‘‘(a) Any absentee ballot for any election for Federal 11 office shall be carried expeditiously, with postage prepaid 12 by the State or unit of local government responsible for 13 the administration of the election. 14 ‘‘(b) As used in this section, the term ‘absentee ballot’ 15 means any ballot transmitted by a voter by mail in an 16 election for Federal office, but does not include any ballot 17 covered by section 3406.’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00665 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 666 1 (b) CLERICAL AMENDMENT.—The table of sections 2 for chapter 34 of such title is amended by inserting after 3 the item relating to section 3406 the following: ‘‘3407. Absentee ballots carried free of postage.’’. 4 SEC. 120005. REQUIRING TRANSMISSION OF BLANK ABSEN- 5 TEE BALLOTS UNDER UOCAVA TO CERTAIN 6 VOTERS. 7 (a) IN GENERAL.—The Uniformed and Overseas 8 Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) 9 is amended by inserting after section 103B the following 10 new section: 11 ‘‘SEC. 103C. TRANSMISSION OF BLANK ABSENTEE BALLOTS 12 TO CERTAIN OTHER VOTERS. 13 ‘‘(a) IN GENERAL.— 14 ‘‘(1) STATE RESPONSIBILITIES.—Subject to 15 paragraph (2), each State shall transmit blank ab- 16 sentee ballots by mail and electronically to qualified 17 individuals in the same manner and under the same 18 terms and conditions under which the State trans- 19 mits such ballots to absent uniformed services voters 20 and overseas voters under section 102(f). 21 ‘‘(2) REQUIREMENTS.—Any blank absentee bal- 22 lot transmitted to a qualified individual under this 23 section— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00666 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 667 1 ‘‘(A) must comply with the language re- 2 quirements under section 203 of the Voting 3 Rights Act of 1965 (52 U.S.C. 10503); and 4 ‘‘(B) must comply with the disability re- 5 quirements under section 508 of the Rehabilita- 6 tion Act of 1973 (29 U.S.C. 794d). 7 ‘‘(3) AFFIRMATION.—The State may not trans- 8 mit a ballot to a qualified individual under this sec- 9 tion unless the individual provides the State with a 10 signed affirmation in electronic form that— 11 ‘‘(A) the individual is a qualified individual 12 (as defined in subsection (b)); 13 ‘‘(B) the individual has not and will not 14 cast another ballot with respect to the election; 15 and 16 ‘‘(C) acknowledges that a material 17 misstatement of fact in completing the ballot 18 may constitute grounds for conviction of per- 19 jury. 20 ‘‘(4) CLARIFICATION REGARDING FREE POST- 21 AGE.—An 22 dividual under this section shall be considered bal- 23 loting materials as defined in section 107 for pur- 24 poses of section 3406 of title 39, United States 25 Code. absentee ballot obtained by a qualified in- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00667 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 668 1 ‘‘(5) PROHIBITING REFUSAL TO ACCEPT BAL- 2 LOT FOR FAILURE TO MEET CERTAIN REQUIRE- 3 MENTS.—A 4 process any otherwise valid blank absentee ballot 5 which was transmitted to a qualified individual 6 under this section and used by the individual to vote 7 in the election solely on the basis of the following: 8 ‘‘(A) Notarization or witness signature re- 9 State shall not refuse to accept and quirements. 10 ‘‘(B) Restrictions on paper type, including 11 weight and size. 12 ‘‘(C) Restrictions on envelope type, includ- 13 ing weight and size. 14 ‘‘(b) QUALIFIED INDIVIDUAL.— 15 ‘‘(1) IN GENERAL.—In this section, except as 16 provided in paragraph (2), the term ‘qualified indi- 17 vidual’ means any individual who is otherwise quali- 18 fied to vote in an election for Federal office and who 19 meets any of the following requirements: 20 ‘‘(A) The individual— 21 ‘‘(i) has requested an absentee ballot 22 from the State or jurisdiction in which 23 such individual is registered to vote; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00668 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 669 1 ‘‘(ii) has not received such absentee 2 ballot at least 2 days before the date of the 3 election. 4 ‘‘(B) The individual— 5 ‘‘(i) resides in an area of a State with 6 respect to which an emergency or public 7 health emergency has been declared by the 8 chief executive of the State or of the area 9 involved within 5 days of the date of the 10 election under the laws of the State due to 11 reasons including a natural disaster, in- 12 cluding severe weather, or an infectious 13 disease; and 14 ‘‘(ii) has not requested an absentee 15 ballot. 16 ‘‘(C) The individual expects to be absent 17 from such individual’s jurisdiction on the date 18 of the election due to professional or volunteer 19 service in response to a natural disaster or 20 emergency as described in subparagraph (B). 21 ‘‘(D) The individual is hospitalized or ex- 22 pects to be hospitalized on the date of the elec- 23 tion. 24 ‘‘(E) The individual is an individual with a 25 disability (as defined in section 3 of the Ameri- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00669 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 670 1 cans with Disabilities Act of 1990 (42 U.S.C. 2 12102)) and resides in a State which does not 3 offer voters the ability to use secure and acces- 4 sible remote ballot marking. For purposes of 5 this subparagraph, a State shall permit an indi- 6 vidual to self-certify that the individual is an in- 7 dividual with a disability. 8 ‘‘(2) EXCLUSION 9 OF ABSENT UNIFORMED SERV- ICES AND OVERSEAS VOTERS.—The term ‘qualified 10 individual’ shall not include an absent uniformed 11 services voter or an overseas voter. 12 ‘‘(c) STATE.—For purposes of this section, the term 13 ‘State’ includes the District of Columbia, the Common14 wealth of Puerto Rico, Guam, American Samoa, the 15 United States Virgin Islands, and the Commonwealth of 16 the Northern Mariana Islands. 17 ‘‘(d) EFFECTIVE DATE.—This section shall apply 18 with respect to the regularly scheduled general election for 19 Federal office held in November 2020 and each succeeding 20 election for Federal office.’’. 21 (b) CONFORMING AMENDMENT.—Section 102(a) of 22 such Act (52 U.S.C. 20302(a)) is amended— 23 (1) by striking ‘‘and’’ at the end of paragraph 24 (10); L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00670 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 671 1 (2) by striking the period at the end of para- 2 graph (11) and inserting ‘‘; and’’; and 3 (3) by adding at the end the following new 4 paragraph: 5 ‘‘(12) meet the requirements of section 103C 6 with respect to the provision of blank absentee bal- 7 lots for the use of qualified individuals described in 8 such section.’’. 9 (c) CLERICAL AMENDMENTS.—The table of contents 10 of such Act is amended by inserting the following after 11 section 103: ‘‘Sec. 103A. Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters. ‘‘Sec. 103B. Federal voting assistance program improvements. ‘‘Sec. 103C. Transmission of blank absentee ballots to certain other voters.’’. 12 SEC. 120006. VOTER REGISTRATION. 13 (a) REQUIRING AVAILABILITY OF INTERNET FOR 14 VOTER REGISTRATION.— 15 (1) REQUIRING 16 FOR REGISTRATION.—The 17 tion Act of 1993 (52 U.S.C. 20501 et seq.) is 18 amended by inserting after section 6 the following 19 new section: 20 AVAILABILITY OF INTERNET National Voter Registra- ‘‘SEC. 6A. INTERNET REGISTRATION. 21 ‘‘(a) REQUIRING AVAILABILITY OF INTERNET FOR 22 ONLINE REGISTRATION.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00671 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 672 1 ‘‘(1) AVAILABILITY OF ONLINE REGISTRATION 2 AND CORRECTION OF EXISTING REGISTRATION IN- 3 FORMATION.—Each 4 State election official, shall ensure that the following 5 services are available to the public at any time on 6 the official public websites of the appropriate State 7 and local election officials in the State, in the same 8 manner and subject to the same terms and condi- 9 tions as the services provided by voter registration 10 State, acting through the chief agencies under section 7(a): 11 ‘‘(A) Online application for voter registra- 12 tion. 13 ‘‘(B) Online assistance to applicants in ap- 14 plying to register to vote. 15 ‘‘(C) Online completion and submission by 16 applicants of the mail voter registration applica- 17 tion form prescribed by the Election Assistance 18 Commission pursuant to section 9(a)(2), includ- 19 ing assistance with providing a signature as re- 20 quired under subsection (c). 21 ‘‘(D) Online receipt of completed voter reg- 22 istration applications. 23 ‘‘(b) ACCEPTANCE OF COMPLETED APPLICATIONS.— 24 A State shall accept an online voter registration applica25 tion provided by an individual under this section, and en- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00672 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 673 1 sure that the individual is registered to vote in the State, 2 if— 3 ‘‘(1) the individual meets the same voter reg- 4 istration requirements applicable to individuals who 5 register to vote by mail in accordance with section 6 6(a)(1) using the mail voter registration application 7 form prescribed by the Election Assistance Commis- 8 sion pursuant to section 9(a)(2); and 9 ‘‘(2) the individual meets the requirements of 10 subsection (c) to provide a signature in electronic 11 form (but only in the case of applications submitted 12 during or after the second year in which this section 13 is in effect in the State). 14 ‘‘(c) SIGNATURE REQUIREMENTS.— 15 ‘‘(1) IN GENERAL.—For purposes of this sec- 16 tion, an individual meets the requirements of this 17 subsection as follows: 18 ‘‘(A) In the case of an individual who has 19 a signature on file with a State agency, includ- 20 ing the State motor vehicle authority, that is 21 required to provide voter registration services 22 under this Act or any other law, the individual 23 consents to the transfer of that electronic signa- 24 ture. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00673 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 674 1 ‘‘(B) If subparagraph (A) does not apply, 2 the individual submits with the application an 3 electronic copy of the individual’s handwritten 4 signature through electronic means. 5 ‘‘(C) If subparagraph (A) and subpara- 6 graph (B) do not apply, the individual executes 7 a computerized mark in the signature field on 8 an online voter registration application, in ac- 9 cordance with reasonable security measures es- 10 tablished by the State, but only if the State ac- 11 cepts such mark from the individual. 12 ‘‘(2) TREATMENT OF INDIVIDUALS UNABLE TO 13 MEET REQUIREMENT.—If 14 meet the requirements of paragraph (1), the State 15 shall— an individual is unable to 16 ‘‘(A) permit the individual to complete all 17 other elements of the online voter registration 18 application; 19 ‘‘(B) permit the individual to provide a sig- 20 nature at the time the individual requests a bal- 21 lot in an election (whether the individual re- 22 quests the ballot at a polling place or requests 23 the ballot by mail); and 24 ‘‘(C) if the individual carries out the steps 25 described in subparagraph (A) and subpara- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00674 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 675 1 graph (B), ensure that the individual is reg- 2 istered to vote in the State. 3 ‘‘(3) NOTICE.—The State shall ensure that in- 4 dividuals applying to register to vote online are noti- 5 fied of the requirements of paragraph (1) and of the 6 treatment of individuals unable to meet such re- 7 quirements, as described in paragraph (2). 8 ‘‘(d) CONFIRMATION AND DISPOSITION.— 9 ‘‘(1) CONFIRMATION OF RECEIPT.—Upon the 10 online submission of a completed voter registration 11 application by an individual under this section, the 12 appropriate State or local election official shall send 13 the individual a notice confirming the State’s receipt 14 of the application and providing instructions on how 15 the individual may check the status of the applica- 16 tion. 17 ‘‘(2) NOTICE OF DISPOSITION.—Not later than 18 7 days after the appropriate State or local election 19 official has approved or rejected an application sub- 20 mitted by an individual under this section, the offi- 21 cial shall send the individual a notice of the disposi- 22 tion of the application. 23 ‘‘(3) METHOD OF NOTIFICATION.—The appro- 24 priate State or local election official shall send the 25 notices required under this subsection by regular L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00675 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 676 1 mail, and, in the case of an individual who has pro- 2 vided the official with an electronic mail address, by 3 both electronic mail and regular mail. 4 ‘‘(e) PROVISION OF SERVICES IN NONPARTISAN 5 MANNER.—The services made available under subsection 6 (a) shall be provided in a manner that ensures that, con7 sistent with section 7(a)(5)— 8 ‘‘(1) the online application does not seek to in- 9 fluence an applicant’s political preference or party 10 registration; and 11 ‘‘(2) there is no display on the website pro- 12 moting any political preference or party allegiance, 13 except that nothing in this paragraph may be con- 14 strued to prohibit an applicant from registering to 15 vote as a member of a political party. 16 ‘‘(f) PROTECTION OF SECURITY OF INFORMATION.— 17 In meeting the requirements of this section, the State shall 18 establish appropriate technological security measures to 19 prevent to the greatest extent practicable any unauthor20 ized access to information provided by individuals using 21 the services made available under subsection (a). 22 ‘‘(g) ACCESSIBILITY OF SERVICES.—A state shall en- 23 sure that the services made available under this section 24 are made available to individuals with disabilities to the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00676 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 677 1 same extent as services are made available to all other in2 dividuals. 3 4 ‘‘(h) USE TEM.—A OF ADDITIONAL TELEPHONE-BASED SYS- State shall make the services made available on- 5 line under subsection (a) available through the use of an 6 automated telephone-based system, subject to the same 7 terms and conditions applicable under this section to the 8 services made available online, in addition to making the 9 services available online in accordance with the require10 ments of this section. 11 12 ‘‘(i) NONDISCRIMINATION AMONG REGISTERED VOTERS USING MAIL AND ONLINE REGISTRATION.—In car- 13 rying out this Act, the Help America Vote Act of 2002, 14 or any other Federal, State, or local law governing the 15 treatment of registered voters in the State or the adminis16 tration of elections for public office in the State, a State 17 shall treat a registered voter who registered to vote online 18 in accordance with this section in the same manner as the 19 State treats a registered voter who registered to vote by 20 mail.’’. 21 (2) SPECIAL 22 REQUIREMENTS FOR INDIVIDUALS USING ONLINE REGISTRATION.— 23 (A) TREATMENT AS INDIVIDUALS REG- 24 ISTERING TO VOTE BY MAIL FOR PURPOSES OF 25 FIRST-TIME VOTER IDENTIFICATION REQUIRE- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00677 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 678 1 MENTS.—Section 2 America 3 21083(b)(1)(A)) is amended by striking ‘‘by 4 mail’’ and inserting ‘‘by mail or online under 5 section 6A of the National Voter Registration 6 Act of 1993’’. 7 Vote 303(b)(1)(A) of the Help Act (B) REQUIRING of 2002 (52 U.S.C. SIGNATURE FOR FIRST- 8 TIME 9 303(b) of such Act (52 U.S.C. 21083(b)) is 10 VOTERS JURISDICTION.—Section IN amended— 11 (i) by redesignating paragraph (5) as 12 paragraph (6); and 13 (ii) by inserting after paragraph (4) 14 the following new paragraph: 15 ‘‘(5) SIGNATURE 16 REQUIREMENTS FOR FIRST- TIME VOTERS USING ONLINE REGISTRATION.— 17 ‘‘(A) IN GENERAL.—A State shall, in a 18 uniform and nondiscriminatory manner, require 19 an individual to meet the requirements of sub- 20 paragraph (B) if— 21 ‘‘(i) the individual registered to vote 22 in the State online under section 6A of the 23 National Voter Registration Act of 1993; 24 and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00678 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 679 1 ‘‘(ii) the individual has not previously 2 voted in an election for Federal office in 3 the State. 4 ‘‘(B) REQUIREMENTS.—An individual 5 meets the requirements of this subparagraph 6 if— 7 ‘‘(i) in the case of an individual who 8 votes in person, the individual provides the 9 appropriate State or local election official 10 with a handwritten signature; or 11 ‘‘(ii) in the case of an individual who 12 votes by mail, the individual submits with 13 the ballot a handwritten signature. 14 ‘‘(C) INAPPLICABILITY.—Subparagraph 15 (A) does not apply in the case of an individual 16 who is— 17 ‘‘(i) entitled to vote by absentee ballot 18 under the Uniformed and Overseas Citi- 19 zens Absentee Voting Act (52 U.S.C. 20 20302 et seq.); 21 ‘‘(ii) provided the right to vote other- 22 wise 23 3(b)(2)(B)(ii) of the Voting Accessibility 24 for the Elderly and Handicapped Act (52 25 U.S.C. 20102(b)(2)(B)(ii)); or than in person under section L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00679 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 680 1 ‘‘(iii) entitled to vote otherwise than 2 in person under any other Federal law.’’. 3 (C) CONFORMING AMENDMENT RELATING 4 TO EFFECTIVE DATE.—Section 5 such Act (52 U.S.C. 21083(d)(2)(A)) is amend- 6 ed by striking ‘‘Each State’’ and inserting ‘‘Ex- 7 cept as provided in subsection (b)(5), each 8 State’’. 9 (3) CONFORMING 10 (A) TIMING 303(d)(2)(A) of AMENDMENTS.— OF REGISTRATION.—Section 11 8(a)(1) of the National Voter Registration Act 12 of 1993 (52 U.S.C. 20507(a)(1)) is amended— 13 (i) by striking ‘‘and’’ at the end of 14 subparagraph (C); 15 (ii) by redesignating subparagraph 16 (D) as subparagraph (E); and 17 (iii) by inserting after subparagraph 18 (C) the following new subparagraph: 19 ‘‘(D) in the case of online registration 20 through the official public website of an election 21 official under section 6A, if the valid voter reg- 22 istration application is submitted online not 23 later than the lesser of 28 days, or the period 24 provided by State law, before the date of the 25 election (as determined by treating the date on L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00680 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 681 1 which the application is sent electronically as 2 the date on which it is submitted); and’’. 3 (B) INFORMING APPLICANTS OF ELIGI- 4 BILITY REQUIREMENTS AND PENALTIES.—Sec- 5 tion 6 20507(a)(5)) is amended by striking ‘‘and 7’’ 7 and inserting ‘‘6A, and 7’’. 8 8(a)(5) of such Act (52 U.S.C. (b) SAME DAY REGISTRATION.— 9 (1) IN GENERAL.—Subtitle C of title III of the 10 Help America Vote Act of 2002, as added by section 11 3(a), is amended— 12 (A) by redesignating sections 325 and 326 13 as sections 326 and 327; and 14 (B) by inserting after section 324 the fol- 15 16 lowing new section: ‘‘SEC. 325. SAME DAY REGISTRATION. 17 ‘‘(a) IN GENERAL.— 18 ‘‘(1) REGISTRATION.—Each State shall permit 19 any eligible individual on the day of a Federal elec- 20 tion and on any day when voting, including early 21 voting, is permitted for a Federal election— 22 ‘‘(A) to register to vote in such election at 23 the polling place using a form that meets the 24 requirements under section 9(b) of the National 25 Voter Registration Act of 1993 (or, if the indi- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00681 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 682 1 vidual is already registered to vote, to revise 2 any of the individual’s voter registration infor- 3 mation); and 4 ‘‘(B) to cast a vote in such election. 5 ‘‘(2) EXCEPTION.—The requirements under 6 paragraph (1) shall not apply to a State in which, 7 under a State law in effect continuously on and after 8 the date of the enactment of this section, there is no 9 voter registration requirement for individuals in the 10 State with respect to elections for Federal office. 11 ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this 12 section, the term ‘eligible individual’ means, with respect 13 to any election for Federal office, an individual who is oth14 erwise qualified to vote in that election. 15 ‘‘(c) EFFECTIVE DATE.—Each State shall be re- 16 quired to comply with the requirements of subsection (a) 17 for the regularly scheduled general election for Federal of18 fice occurring in November 2020 and for any subsequent 19 election for Federal office.’’. 20 (2) CLERICAL AMENDMENT.—The table of con- 21 tents of such Act, as amended by section 3, is 22 amended— 23 (A) by redesignating the items relating to 24 sections 325 and 326 as relating to sections 25 326 and 327; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00682 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 683 1 (B) by inserting after the item relating to 2 section 324 the following new item: ‘‘Sec. 325. Same day registration.’’. 3 (c) PROHIBITING STATE FROM REQUIRING APPLI- 4 CANTS TO 5 CIAL PROVIDE MORE THAN LAST 4 DIGITS OF SO- SECURITY NUMBER.— 6 (1) FORM INCLUDED WITH APPLICATION FOR 7 MOTOR 8 5(c)(2)(B)(ii) of the National Voter Registration Act 9 of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended 10 by striking the semicolon at the end and inserting 11 the following: ‘‘, and to the extent that the applica- 12 tion requires the applicant to provide a Social Secu- 13 rity number, may not require the applicant to pro- 14 vide more than the last 4 digits of such number;’’. 15 VEHICLE (2) NATIONAL DRIVER’S MAIL LICENSE.—Section VOTER REGISTRATION 16 FORM.—Section 17 20508(b)(1)) is amended by striking the semicolon 18 at the end and inserting the following: ‘‘, and to the 19 extent that the form requires the applicant to pro- 20 vide a Social Security number, the form may not re- 21 quire the applicant to provide more than the last 4 22 digits of such number;’’. 23 (3) EFFECTIVE 9(b)(1) of such Act (52 U.S.C. DATE.—The amendments made 24 by this subsection shall apply with respect to the 25 regularly scheduled general election for Federal of- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00683 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 684 1 fice held in November 2020 and each succeeding 2 election for Federal office. 3 SEC. 120007. ACCOMMODATIONS FOR VOTERS RESIDING IN 4 INDIAN LANDS. 5 (a) ACCOMMODATIONS DESCRIBED.— 6 (1) DESIGNATION OF BALLOT PICKUP AND COL- 7 LECTION LOCATIONS.—Given 8 residential mail delivery in Indian Country, an In- 9 dian Tribe may designate buildings as ballot pickup 10 and collection locations with respect to an election 11 for Federal office at no cost to the Indian Tribe. An 12 Indian Tribe may designate one building per pre- 13 cinct located within Indian lands. The applicable 14 State or political subdivision shall collect ballots 15 from those locations. The applicable State or polit- 16 ical subdivision shall provide the Indian Tribe with 17 accurate precinct maps for all precincts located with- 18 in Indian lands 60 days before the election. 19 (2) PROVISION OF the widespread lack of MAIL-IN AND ABSENTEE 20 BALLOTS.—The 21 provide mail-in and absentee ballots with respect to 22 an election for Federal office to each individual who 23 is registered to vote in the election who resides on 24 Indian lands in the State or political subdivision in- State or political subdivision shall L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00684 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 685 1 volved without requiring a residential address or a 2 mail-in or absentee ballot request. 3 (3) USE OF DESIGNATED BUILDING AS RESI- 4 DENTIAL AND MAILING ADDRESS.—The 5 designated building that is a ballot pickup and col- 6 lection location with respect to an election for Fed- 7 eral office may serve as the residential address and 8 mailing address for voters living on Indian lands if 9 the tribally designated building is in the same pre- 10 cinct as that voter. If there is no tribally designated 11 building within a voter’s precinct, the voter may use 12 another tribally designated building within the In- 13 dian lands where the voter is located. Voters using 14 a tribally designated building outside of the voter’s 15 precinct may use the tribally designated building as 16 a mailing address and may separately designate the 17 voter’s appropriate precinct through a description of 18 the 19 9428.4(a)(2) of title 11, Code of Federal Regula- 20 tions. 21 voter’s address, (4) LANGUAGE as address of a specified ACCESSIBILITY.—In in section the case of 22 a State or political subdivision that is a covered 23 State or political subdivision under section 203 of 24 the Voting Rights Act of 1965 (52 U.S.C. 10503), 25 that State or political subdivision shall provide ab- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00685 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 686 1 sentee or mail-in voting materials with respect to an 2 election for Federal office in the language of the ap- 3 plicable minority group as well as in the English lan- 4 guage, bilingual election voting assistance, and writ- 5 ten translations of all voting materials in the lan- 6 guage of the applicable minority group, as required 7 by section 203 of the Voting Rights Act of 1965 (52 8 U.S.C. 10503), as amended by subsection (b). 9 (5) CLARIFICATION.—Nothing in this section 10 alters the ability of an individual voter residing on 11 Indian lands to request a ballot in a manner avail- 12 able to all other voters in the State. 13 (6) DEFINITIONS.—In this section: 14 (A) INDIAN.—The term ‘‘Indian’’ has the 15 meaning given the term in section 4 of the In- 16 dian Self-Determination and Education Assist- 17 ance Act (25 U.S.C. 5304). 18 (B) INDIAN 19 lands’’ includes— LANDS.—The term ‘‘Indian 20 (i) any Indian country of an Indian 21 Tribe, as defined under section 1151 of 22 title 18, United States Code; 23 (ii) any land in Alaska owned, pursu- 24 ant to the Alaska Native Claims Settle- 25 ment Act (43 U.S.C. 1601 et seq.), by an L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00686 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 687 1 Indian Tribe that is a Native village (as 2 defined in section 3 of that Act (43 U.S.C. 3 1602)) or by a Village Corporation that is 4 associated with an Indian Tribe (as de- 5 fined in section 3 of that Act (43 U.S.C. 6 1602)); 7 (iii) any land on which the seat of the 8 Tribal Government is located; and 9 (iv) any land that is part or all of a 10 Tribal designated statistical area associ- 11 ated with an Indian Tribe, or is part or all 12 of an Alaska Native village statistical area 13 associated with an Indian Tribe, as defined 14 by the Census Bureau for the purposes of 15 the most recent decennial census. 16 (C) INDIAN TRIBE.—The term ‘‘Indian 17 Tribe’’ has the meaning given the term ‘‘Indian 18 tribe’’ in section 4 of the Indian Self-Deter- 19 mination and Education Assistance Act (25 20 U.S.C. 5304). 21 (D) TRIBAL GOVERNMENT.—The term 22 ‘‘Tribal Government’’ means the recognized 23 governing body of an Indian Tribe. 24 (7) ENFORCEMENT.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00687 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 688 1 (A) ATTORNEY GENERAL.—The Attorney 2 General may bring a civil action in an appro- 3 priate district court for such declaratory or in- 4 junctive relief as is necessary to carry out this 5 subsection. 6 (B) PRIVATE RIGHT OF ACTION.— 7 (i) A person or Tribal Government 8 who is aggrieved by a violation of this sub- 9 section may provide written notice of the 10 violation to the chief election official of the 11 State involved. 12 (ii) An aggrieved person or Tribal 13 Government may bring a civil action in an 14 appropriate district court for declaratory 15 or injunctive relief with respect to a viola- 16 tion of this subsection, if— 17 (I) that person or Tribal Govern- 18 ment provides the notice described in 19 clause (i); and 20 (II)(aa) in the case of a violation 21 that occurs more than 120 days be- 22 fore the date of an election for Fed- 23 eral office, the violation remains and 24 90 days or more have passed since the 25 date on which the chief election offi- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00688 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 689 1 cial of the State receives the notice 2 under clause (i); or 3 (bb) in the case of a violation 4 that occurs 120 days or less before 5 the date of an election for Federal of- 6 fice, the violation remains and 20 7 days or more have passed since the 8 date on which the chief election offi- 9 cial of the State receives the notice 10 under clause (i). 11 (iii) In the case of a violation of this 12 section that occurs 30 days or less before 13 the date of an election for Federal office, 14 an aggrieved person or Tribal Government 15 may bring a civil action in an appropriate 16 district court for declaratory or injunctive 17 relief with respect to the violation without 18 providing notice to the chief election offi- 19 cial of the State under clause (i). 20 (b) BILINGUAL ELECTION REQUIREMENTS.—Section 21 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) 22 is amended— 23 (1) in subsection (b)(3)(C), by striking ‘‘1990’’ 24 and inserting ‘‘2010’’; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00689 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 690 1 (2) by striking subsection (c) and inserting the 2 following: 3 ‘‘(c) PROVISION OF VOTING MATERIALS IN THE LAN- 4 GUAGE OF A 5 MINORITY GROUP.— ‘‘(1) IN GENERAL.—Whenever any State or po- 6 litical subdivision subject to the prohibition of sub- 7 section (b) of this section provides any registration 8 or voting notices, forms, instructions, assistance, or 9 other materials or information relating to the elec- 10 toral process, including ballots, it shall provide them 11 in the language of the applicable minority group as 12 well as in the English language. 13 ‘‘(2) EXCEPTIONS.— 14 ‘‘(A) IN GENERAL.— 15 ‘‘(i) In the case of a minority group 16 that is not American Indian or Alaska Na- 17 tive and the language of that minority 18 group is oral or unwritten, the State or po- 19 litical subdivision shall only be required to 20 furnish, in the covered language, oral in- 21 structions, assistance, translation of voting 22 materials, or other information relating to 23 registration and voting. 24 ‘‘(ii) In the case of a minority group 25 that is American Indian or Alaska Native, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00690 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 691 1 the State or political subdivision shall only 2 be required to furnish in the covered lan- 3 guage oral instructions, assistance, or 4 other information relating to registration 5 and voting, including all voting materials, 6 if the Tribal Government of that minority 7 group has certified that the language of 8 the applicable American Indian or Alaska 9 Native language is presently unwritten or 10 the Tribal Government does not want writ- 11 ten translations in the minority language. 12 ‘‘(3) WRITTEN TRANSLATIONS FOR ELECTION 13 WORKERS.—Notwithstanding 14 State or political division may be required to provide 15 written translations of voting materials, with the 16 consent of any applicable Indian Tribe, to election 17 workers to ensure that the translations from English 18 to the language of a minority group are complete, 19 accurate, and uniform.’’. 20 (c) EFFECTIVE DATE.—This section and the amend- paragraph (2), the 21 ments made by this section shall apply with respect to the 22 regularly scheduled general election for Federal office held 23 in November 2020 and each succeeding election for Fed24 eral office. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00691 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 692 1 SEC. 120008. PAYMENTS BY ELECTION ASSISTANCE COM- 2 MISSION TO STATES TO ASSIST WITH COSTS 3 OF COMPLIANCE. 4 (a) AVAILABILITY OF GRANTS.—Subtitle D of title 5 II of the Help America Vote Act of 2002 (52 U.S.C. 6 21001 et seq.) is amended by adding at the end the fol7 lowing new part: 8 ‘‘PART 7—PAYMENTS TO ASSIST WITH COSTS OF 9 COMPLIANCE WITH ACCESS ACT 10 ‘‘SEC. 297. PAYMENTS TO ASSIST WITH COSTS OF COMPLI- 11 ANCE WITH ACCESS ACT. 12 ‘‘(a) AVAILABILITY AND USE OF PAYMENTS.— 13 ‘‘(1) IN GENERAL.—The Commission shall 14 make a payment to each eligible State to assist the 15 State with the costs of complying with the American 16 Coronavirus/COVID–19 Election Safety and Secu- 17 rity Act and the amendments made by such Act, in- 18 cluding the provisions of such Act and such amend- 19 ments which require States to pre-pay the postage 20 on absentee ballots and balloting materials. 21 ‘‘(2) PUBLIC EDUCATION CAMPAIGNS.—For 22 purposes of this part, the costs incurred by a State 23 in carrying out a campaign to educate the public 24 about 25 Coronavirus/COVID–19 Election Safety and Secu- 26 rity Act and the amendments made by such Act the requirements of the American L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00692 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 693 1 shall be included as the costs of complying with such 2 Act and such amendments. 3 ‘‘(b) PRIMARY ELECTIONS.— 4 ‘‘(1) PAYMENTS TO STATES.—In addition to 5 any payments under subsection (a), the Commission 6 shall make a payment to each eligible State to assist 7 the State with the costs incurred in voluntarily elect- 8 ing to comply with the American Coronavirus/ 9 COVID–19 Election Safety and Security Act and 10 the amendments made by such Act with respect to 11 primary elections for Federal office held in the State 12 in 2020. 13 ‘‘(2) STATE POLITICAL PARTY-RUN PRI- 14 MARIES.—In 15 graph (1), in the case of a State voluntarily electing 16 to comply with the American Coronavirus/COVID– 17 19 Election Safety and Security Act and the amend- 18 ments made by such Act with respect to primary 19 elections for Federal office held in the State in 20 2020, the Commission shall make a payment to each 21 eligible political party of the State for the costs in- 22 curred by the party in transmitting absentee ballots 23 and balloting materials with respect to such elections 24 (including the costs relating to pre-paying the post- addition to any payments under para- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00693 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 694 1 age on the return envelopes for such ballots and ma- 2 terials). 3 ‘‘(c) PASS-THROUGH OF FUNDS TO LOCAL JURISDIC- 4 TIONS.— 5 ‘‘(1) IN GENERAL.—If a State receives a pay- 6 ment under this part for costs that include costs in- 7 curred by a local jurisdiction or Tribal government 8 within the State, the State shall pass through to 9 such local jurisdiction or Tribal government a por- 10 tion of such payment that is equal to the amount of 11 the costs incurred by such local jurisdiction or Trib- 12 al government. 13 ‘‘(2) TRIBAL GOVERNMENT DEFINED.—In this 14 subsection, the term ‘Tribal Government’ means the 15 recognized governing body of an Indian tribe (as de- 16 fined in section 4 of the Indian Self-Determination 17 and Education Assistance Act (25 U.S.C. 5304). 18 ‘‘(d) SCHEDULE OF PAYMENTS.—As soon as prac- 19 ticable after the date of the enactment of this part and 20 not less frequently than once each calendar year there21 after, the Commission shall make payments under this 22 part. 23 ‘‘(e) COVERAGE OF COMMONWEALTH OF NORTHERN 24 MARIANA ISLANDS.—In this part, the term ‘State’ in- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00694 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 695 1 cludes the Commonwealth of the Northern Mariana Is2 lands. 3 ‘‘(f) LIMITATION.—No funds may be provided to a 4 State under this part for costs attributable to the elec5 tronic return of marked ballots by any voter. 6 ‘‘SEC. 297A. AMOUNT OF PAYMENT. 7 ‘‘(a) IN GENERAL.—Except as provided in section 8 297C, the amount of a payment made to an eligible State 9 for a year under this part shall be determined by the Com10 mission. 11 ‘‘(b) CONTINUING AVAILABILITY OF FUNDS AFTER 12 APPROPRIATION.—A payment made to an eligible State 13 or eligible unit of local government under this part shall 14 be available without fiscal year limitation. 15 ‘‘SEC. 297B. REQUIREMENTS FOR ELIGIBILITY. 16 ‘‘(a) APPLICATION.—Except as provided in section 17 297C, each State that desires to receive a payment under 18 this part for a fiscal year, and each political party of a 19 State that desires to receive a payment under section 20 297(b)(2), shall submit an application for the payment to 21 the Commission at such time and in such manner and con22 taining such information as the Commission shall require. 23 ‘‘(b) CONTENTS OF APPLICATION.—Each application 24 submitted under subsection (a) shall— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00695 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 696 1 ‘‘(1) describe the activities for which assistance 2 under this part is sought; and 3 ‘‘(2) provide such additional information and 4 certifications as the Commission determines to be es- 5 sential to ensure compliance with the requirements 6 of this part. 7 ‘‘SEC. 297C. SPECIAL RULES FOR PAYMENTS FOR ELEC- 8 TIONS SUBJECT TO EMERGENCY RULES. 9 ‘‘(a) SUBMISSION OF ESTIMATED COSTS.—If the spe- 10 cial rules in the case of an emergency period under section 11 322(c)(3) apply to an election, not later than the applica12 ble deadline under subsection (c), the State shall submit 13 to the Commission a request for a payment under this 14 part, and shall include in the request the State’s estimate 15 of the costs the State expects to incur in the administra16 tion of the election which are attributable to the applica17 tion of such special rules to the election. 18 ‘‘(b) PAYMENT.—Not later than 7 days after receiv- 19 ing a request from the State under subsection (a), the 20 Commission shall make a payment to the State in an 21 amount equal to the estimate provided by the State in the 22 request. 23 ‘‘(c) APPLICABLE DEADLINE.—The applicable dead- 24 line under this paragraph with respect to an election is— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00696 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 697 1 ‘‘(1) with respect to the regularly scheduled 2 general election for Federal office held in November 3 2020, 15 days after the date of the enactment of 4 this part; and 5 ‘‘(2) with respect to any other election, 15 days 6 after the emergency or disaster described in section 7 322(c)(3) is declared. 8 ‘‘SEC. 297D. AUTHORIZATION OF APPROPRIATIONS. 9 ‘‘There are authorized to be appropriated for pay- 10 ments under this part— 11 ‘‘(1) in the case of payments made under sec- 12 tion 297C, such sums as may be necessary for fiscal 13 year 2020 and each succeeding fiscal year; and 14 ‘‘(2) in the case of any other payments, such 15 16 sums as may be necessary for fiscal year 2020. ‘‘SEC. 297E. REPORTS. 17 ‘‘(a) REPORTS BY RECIPIENTS.—Not later than 6 18 months after the end of each fiscal year for which an eligi19 ble State received a payment under this part, the State 20 shall submit a report to the Commission on the activities 21 conducted with the funds provided during the year. 22 ‘‘(b) REPORTS BY COMMISSION TO COMMITTEES.— 23 With respect to each fiscal year for which the Commission 24 makes payments under this part, the Commission shall 25 submit a report on the activities carried out under this L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00697 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 698 1 part to the Committee on House Administration of the 2 House of Representatives and the Committee on Rules 3 and Administration of the Senate.’’. 4 (b) CLERICAL AMENDMENT.—The table of contents 5 of such Act is amended by adding at the end of the items 6 relating to subtitle D of title II the following: ‘‘PART 7—PAYMENTS ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. TO ASSIST WITH COSTS ACCESS ACT OF COMPLIANCE WITH 297. Payments to assist with costs of compliance with Access Act. 297A. Amount of payment. 297B. Requirements for eligibility. 297C. Authorization of appropriations. 297D. Reports.’’. 7 SEC. 120009. GRANTS TO STATES FOR CONDUCTING RISK- 8 LIMITING AUDITS OF RESULTS OF ELEC- 9 TIONS. 10 (a) AVAILABILITY OF GRANTS.—Subtitle D of title 11 II of the Help America Vote Act of 2002 (52 U.S.C. 12 21001 et seq.), as amended by section 8(a), is further 13 amended by adding at the end the following new part: 14 ‘‘PART 8—GRANTS FOR CONDUCTING RISK- 15 LIMITING AUDITS OF RESULTS OF ELECTIONS 16 ‘‘SEC. 298. GRANTS FOR CONDUCTING RISK-LIMITING AU- 17 DITS OF RESULTS OF ELECTIONS. 18 ‘‘(a) AVAILABILITY OF GRANTS.—The Commission 19 shall make a grant to each eligible State to conduct risk20 limiting audits as described in subsection (b) with respect 21 to the regularly scheduled general elections for Federal of- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00698 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 699 1 fice held in November 2020 and each succeeding election 2 for Federal office. 3 ‘‘(b) RISK-LIMITING AUDITS DESCRIBED.—In this 4 part, a ‘risk-limiting audit’ is a post-election process— 5 ‘‘(1) which is conducted in accordance with 6 rules and procedures established by the chief State 7 election official of the State which meet the require- 8 ments of subsection (c); and 9 ‘‘(2) under which, if the reported outcome of 10 the election is incorrect, there is at least a predeter- 11 mined percentage chance that the audit will replace 12 the incorrect outcome with the correct outcome as 13 determined by a full, hand-to-eye tabulation of all 14 votes validly cast in that election that ascertains 15 voter intent manually and directly from voter- 16 verifiable paper records. 17 ‘‘(c) REQUIREMENTS 18 DURES.—The FOR RULES AND PROCE- rules and procedures established for con- 19 ducting a risk-limiting audit shall include the following 20 elements: 21 ‘‘(1) Rules for ensuring the security of ballots 22 and documenting that prescribed procedures were 23 followed. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00699 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 700 1 ‘‘(2) Rules and procedures for ensuring the ac- 2 curacy of ballot manifests produced by election agen- 3 cies. 4 ‘‘(3) Rules and procedures for governing the 5 format of ballot manifests, cast vote records, and 6 other data involved in the audit. 7 ‘‘(4) Methods to ensure that any cast vote 8 records used in the audit are those used by the vot- 9 ing system to tally the election results sent to the 10 chief State election official and made public. 11 ‘‘(5) Procedures for the random selection of 12 ballots to be inspected manually during each audit. 13 ‘‘(6) Rules for the calculations and other meth- 14 ods to be used in the audit and to determine wheth- 15 er and when the audit of an election is complete. 16 ‘‘(7) Procedures and requirements for testing 17 any software used to conduct risk-limiting audits. 18 ‘‘(d) DEFINITIONS.—In this part, the following defi- 19 nitions apply: 20 ‘‘(1) The term ‘ballot manifest’ means a record 21 maintained by each election agency that meets each 22 of the following requirements: 23 ‘‘(A) The record is created without reliance 24 on any part of the voting system used to tab- 25 ulate votes. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00700 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 701 1 ‘‘(B) The record functions as a sampling 2 frame for conducting a risk-limiting audit. 3 ‘‘(C) The record contains the following in- 4 formation with respect to the ballots cast and 5 counted in the election: 6 ‘‘(i) The total number of ballots cast 7 and counted by the agency (including 8 undervotes, overvotes, and other invalid 9 votes). 10 ‘‘(ii) The total number of ballots cast 11 in each election administered by the agency 12 (including undervotes, overvotes, and other 13 invalid votes). 14 ‘‘(iii) A precise description of the 15 manner in which the ballots are physically 16 stored, including the total number of phys- 17 ical groups of ballots, the numbering sys- 18 tem for each group, a unique label for each 19 group, and the number of ballots in each 20 such group. 21 ‘‘(2) The term ‘incorrect outcome’ means an 22 outcome that differs from the outcome that would be 23 determined by a full tabulation of all votes validly 24 cast in the election, determining voter intent manu- 25 ally, directly from voter-verifiable paper records. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00701 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 702 1 ‘‘(3) The term ‘outcome’ means the winner of 2 an election, whether a candidate or a position. 3 ‘‘(4) The term ‘reported outcome’ means the 4 outcome of an election which is determined accord- 5 ing to the canvass and which will become the official, 6 certified outcome unless it is revised by an audit, re- 7 count, or other legal process. 8 ‘‘SEC. 298A. ELIGIBILITY OF STATES. 9 ‘‘A State is eligible to receive a grant under this part 10 if the State submits to the Commission, at such time and 11 in such form as the Commission may require, an applica12 tion containing— 13 ‘‘(1) a certification that, not later than 5 years 14 after receiving the grant, the State will conduct risk- 15 limiting audits of the results of elections for Federal 16 office held in the State as described in section 298; 17 ‘‘(2) a certification that, not later than one year 18 after the date of the enactment of this section, the 19 chief State election official of the State has estab- 20 lished or will establish the rules and procedures for 21 conducting the audits which meet the requirements 22 of section 298(c); 23 ‘‘(3) a certification that the audit shall be com- 24 pleted not later than the date on which the State 25 certifies the results of the election; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00702 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 703 1 ‘‘(4) a certification that, after completing the 2 audit, the State shall publish a report on the results 3 of the audit, together with such information as nec- 4 essary to confirm that the audit was conducted prop- 5 erly; 6 ‘‘(5) a certification that, if a risk-limiting audit 7 conducted under this part leads to a full manual 8 tally of an election, State law requires that the State 9 or election agency shall use the results of the full 10 manual tally as the official results of the election; 11 and 12 ‘‘(6) such other information and assurances as 13 14 the Commission may require. ‘‘SEC. 298B. AUTHORIZATION OF APPROPRIATIONS. 15 ‘‘There are authorized to be appropriated for grants 16 under this part $20,000,000 for fiscal year 2020, to re17 main available until expended.’’. 18 (b) CLERICAL AMENDMENT.—The table of contents 19 of such Act, as amended by section 8(b), is further amend20 ed by adding at the end of the items relating to subtitle 21 D of title II the following: ‘‘PART 8—GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF ELECTIONS OF RESULTS ‘‘Sec. 298. Grants for conducting risk-limiting audits of results of elections. ‘‘Sec. 298A. Eligibility of States. ‘‘Sec. 298B. Authorization of appropriations. 22 (c) GAO ANALYSIS OF EFFECTS OF AUDITS.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00703 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 704 1 (1) ANALYSIS.—Not later than 6 months after 2 the first election for Federal office is held after 3 grants are first awarded to States for conducting 4 risk-limiting audits under part 8 of subtitle D of 5 title II of the Help America Vote Act of 2002 (as 6 added by subsection (a)) for conducting risk-limiting 7 audits of elections for Federal office, the Comp- 8 troller General of the United States shall conduct an 9 analysis of the extent to which such audits have im- 10 proved the administration of such elections and the 11 security of election infrastructure in the States re- 12 ceiving such grants. 13 (2) REPORT.—The Comptroller General of the 14 United States shall submit a report on the analysis 15 conducted under subsection (a) to the appropriate 16 congressional committees. 17 SEC. 120010. ADDITIONAL APPROPRIATIONS FOR THE 18 ELECTION ASSISTANCE COMMISSION. 19 (a) IN GENERAL.—In addition to any funds other- 20 wise appropriated to the Election Assistance Commission 21 for fiscal year 2020, there is authorized to be appropriated 22 $3,000,000 for fiscal year 2020 in order for the Commis23 sion to provide additional assistance and resources to 24 States for improving the administration of elections. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00704 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 705 1 (b) AVAILABILITY OF FUNDS.—Amounts appro- 2 priated pursuant to the authorization under this sub3 section shall remain available without fiscal year limita4 tion. 6 DIVISION M—OVERSIGHT AND ACCOUNTABILITY 7 SEC. 130001. CORONAVIRUS ACCOUNTABILITY AND TRANS- 5 8 PARENCY COMMITTEE. 9 10 (a) ESTABLISHMENT COUNTABILITY AND OF THE CORONAVIRUS AC- TRANSPARENCY COMMITTEE.—There 11 is established the Coronavirus Accountability and Trans12 parency Committee within the Council of the Inspectors 13 General on Integrity and Efficiency to coordinate and sup14 port Inspectors General in conducting oversight of covered 15 funds to detect and prevent fraud, waste, and abuse. 16 (b) COMPOSITION OF COMMITTEE.— 17 (1) CHAIRPERSON.—The Chairperson of the 18 Committee shall be an Inspector General, identified 19 in paragraph (2)(A) with experience managing over- 20 sight of large organizations and expenditures and 21 shall be selected by the Chair of the Council of the 22 Inspectors General on Integrity and Efficiency. 23 (2) MEMBERS.—The members of the Com- 24 mittee shall include— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00705 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 706 1 (A) the Inspectors General of the Depart- 2 ments 3 Health and Human Services, Homeland Secu- 4 rity, Labor, Transportation, Treasury, Treasury 5 Inspector General for Tax Administration, Vet- 6 erans Affairs, and the Small Business Adminis- 7 tration; and of Commerce, Defense, Education, 8 (B) any other Inspector General as des- 9 ignated by the Chair of the Council of the In- 10 spectors General on Integrity and Efficiency. 11 (c) FUNCTIONS OF THE COMMITTEE.— 12 (1) FUNCTIONS.— 13 (A) IN GENERAL.—The Committee shall 14 coordinate and assist Inspectors General in the 15 oversight of covered funds and the response of 16 the Executive Branch to the Coronavirus Pan- 17 demic in order to prevent fraud, waste, and 18 abuse. 19 (B) SPECIFIC 20 FUNCTIONS.—The functions of the Committee shall include— 21 (i) developing a strategic plan to en- 22 sure Inspectors General effectively and ef- 23 ficiently conduct comprehensive oversight 24 over all aspects of the covered funds and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00706 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 707 1 the response by the Executive Branch to 2 the Coronavirus; 3 (ii) serving as a liaison to the Director 4 of the Office of Management and Budget, 5 Secretary of the Treasury, and other offi- 6 cials responsible for implementing this Act; 7 (iii) supporting audits and investiga- 8 tions of covered funds to determine wheth- 9 er wasteful spending, poor contract or 10 grant management, or other abuses are oc- 11 curring and referring matters the Com- 12 mittee considers appropriate for audit or 13 investigation to the Inspector General for 14 the agency that disbursed the covered 15 funds or more than one Inspector General, 16 as appropriate; 17 (iv) supporting reviews of contracts, 18 grants, and other assistance that use using 19 covered funds or that are otherwise related 20 to Coronavirus by assessing whether— 21 (I) the contracts, grants, and 22 other 23 standards; assistance meet applicable 24 (II) the contracts, grants, and 25 other assistance adequately specify the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00707 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 708 1 purpose of the contract, grant, or 2 other assistance, as well as applicable 3 measures of performance; and 4 (III) there are sufficient qualified 5 acquisition and grant personnel over- 6 seeing the use of covered funds; and 7 (v) reviewing whether there are appro- 8 priate mechanisms for interagency collabo- 9 ration relating to covered funds, including 10 coordinating and collaborating to the ex- 11 tent practicable with State and local gov- 12 ernment entities. 13 (2) REPORTS.— 14 (A) REPORTS.—The Committee shall sub- 15 mit to the President and Congress, including 16 the appropriate congressional committees, time- 17 ly alerts on current or potential management 18 and funding problems that require immediate 19 attention. The Committee also shall submit to 20 Congress such other reports as the Committee 21 considers appropriate on the use and benefits of 22 covered funds and the response of the Executive 23 Branch to the Coronavirus. 24 (B) BIANNUAL 25 REPORTS.—The Committee shall submit reports every six months to the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00708 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 709 1 President and the appropriate congressional 2 committees, summarizing the findings of the 3 Committee and Inspectors General of agencies. 4 The Committee may submit additional reports 5 as appropriate. 6 (C) PUBLIC 7 (i) IN AVAILABILITY.— GENERAL.—All reports sub- 8 mitted under this paragraph shall be made 9 publicly available and posted on the 10 website established by subsection (e). 11 (ii) REDACTIONS.—Any portion of a 12 report submitted under this paragraph 13 may be redacted when made publicly avail- 14 able, if that portion would disclose infor- 15 mation that is not subject to disclosure 16 under sections 552 and 552a of title 5, 17 United States Code. 18 (3) RECOMMENDATIONS.— 19 (A) IN GENERAL.—The Committee, in co- 20 ordination with the member Inspectors General, 21 shall make recommendations to agencies and to 22 Congress, including the appropriate committees, 23 on measures to prevent fraud, waste, and abuse 24 relating to covered funds. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00709 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 710 1 (B) RESPONSIVE REPORTS.—Not later 2 than 30 days after receipt of a recommendation 3 under subparagraph (A), an agency shall sub- 4 mit a report to the President, the congressional 5 committees of jurisdiction, and the appropriate 6 congressional committees, on— 7 (i) whether the agency agrees or dis- 8 agrees with the recommendations; and 9 (ii) any specific action or action plan 10 the agency will take to implement the rec- 11 ommendations. 12 13 (d) POWERS AND AUTHORITIES OF THE COM- MITTEE.— 14 (1) IN GENERAL.—The Committee shall coordi- 15 nate and support investigations, audits and reviews 16 of spending of covered funds to avoid duplication 17 and overlap of work and ensure that there are not 18 gaps in oversight activities by the member Inspec- 19 tors General. If a gap in oversight is identified, the 20 Committee shall request that an Inspector General 21 or more than one Inspector General, designated by 22 the Chair, conduct the appropriate audit or review. 23 (2) AUDITS 24 AND INVESTIGATIONS.—The Com- mittee may— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00710 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 711 1 (A) provide all necessary support to an In- 2 spector General or Inspectors General in the 3 conduct of investigations, audits, evaluations, 4 and reviews relating to covered funds and 5 Coronavirus response; and 6 (B) collaborate on investigations, audits 7 and reviews relating to covered funds and 8 Coronavirus response with any Inspector Gen- 9 eral of an agency or more than one Inspectors 10 General. 11 (3) AUTHORITIES.— 12 (A) AUDITS AND INVESTIGATIONS.—In 13 providing assistance to Inspectors General in 14 the conduct of investigations, audits and re- 15 views, the Committee shall have the authorities 16 provided under section 6 of the Inspector Gen- 17 eral Act of 1978 (5 U.S.C. App.). The Com- 18 mittee may issue subpoenas to compel the testi- 19 mony of persons and may enforce subpoenas in 20 the event of a refusal to obey by order of any 21 appropriate United States district court as pro- 22 vided for Inspector General subpoenas under 23 section 6 of the Inspector General Act of 1978 24 (5 U.S.C. App.). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00711 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 712 1 (B) STANDARDS AND GUIDELINES.—The 2 Committee shall carry out the powers under 3 paragraphs (1) and (2) in accordance with sec- 4 tion 4(b)(1) of the Inspector General Act of 5 1978 (5 U.S.C. App.). 6 (C) REPORT OF REFUSALS.—Whenever in- 7 formation or assistance requested by the Com- 8 mittee or an Inspector General, is unreasonably 9 refused or not provided, the Committee shall 10 immediately report the circumstances to the ap- 11 propriate committees. 12 (D) INFORMATION AND ASSISTANCE.— 13 Upon request of the Committee for information 14 or assistance from any agency or other entity of 15 the Federal Government, or any recipient under 16 this Act, the head of such entity shall, insofar 17 as is practicable and not in contravention of 18 any existing law, and consistent with section 6 19 of the Inspector General Act of 1978, as 20 amended, furnish such information or assist- 21 ance to the Committee. 22 (4) CONTRACTS.—The Council may enter into 23 contracts to enable the Committee to discharge its 24 duties under this Act, including contracts for audits, 25 studies, analyses, and other services with public L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00712 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 713 1 agencies and private persons, and make such pay- 2 ments as may be necessary to carry out the duties 3 of the Committee. 4 (5) TRANSFER OF FUNDS.—The Council may 5 transfer funds appropriated to the Council under 6 this section for administrative support services and 7 any audits, investigations, reviews, or other activities 8 to any office of Inspector General. 9 (6) EMPLOYMENT 10 AND PERSONNEL AUTHORI- TIES.— 11 (A) IN GENERAL.— 12 (i) AUTHORITIES.—The Council may 13 exercise the authorities of subsections (b) 14 through (i) of section 3161 of title 5, 15 United States Code, (without regard to 16 subsection (a) of that section) to carry out 17 the Committee’s functions under this sec- 18 tion. 19 (ii) APPLICATION.—For purposes of 20 exercising the authorities described under 21 clause (i), the term ‘‘Chairperson of the 22 Council’’ shall be substituted for the term 23 ‘‘head of a temporary organization’’. 24 (iii) CONSULTATION.—In exercising 25 the authorities described under clause (i), L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00713 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 714 1 the Chairperson shall consult with mem- 2 bers of the Committee. 3 (iv) EMPLOYMENT AUTHORITIES.—In 4 exercising 5 under subsection (b) of section 3161 of 6 title 5, United States Code, paragraph (2) 7 of subsection (b) of section 3161 of that 8 title (relating to periods of appointments) 9 shall not apply and no period of appoint- 10 ment may exceed the date on which the 11 Committee terminates under subsection (i). 12 the (v) DETAIL employment authorities OF PERSONNEL.—In addi- 13 tion to the authority provided by sub- 14 section (c) of section 3161 of title 5, 15 United States Code, upon the request of 16 an Inspector General, the Council may de- 17 tail, on a nonreimbursable basis, any per- 18 sonnel of the Committee to that Inspector 19 General to assist in carrying out any audit 20 or investigation referred to the Inspector 21 General by the Committee. 22 (vi) REHIRING ANNUITANTS.—The 23 Committee may employ annuitants covered 24 by section 9902(g) of title 5, United States 25 Code, for purposes of the oversight of cov- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00714 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 715 1 ered funds or the Coronavirus response. 2 The employment of annuitants under this 3 subparagraph shall be subject to the provi- 4 sions of section 9902(g) of title 5, United 5 States Code, as if the Committee was the 6 Department of Defense. 7 (vii) COMPETITIVE STATUS.—A per- 8 son employed by the Committee shall ac- 9 quire competitive status for appointment to 10 any position in the competitive service for 11 which the employee possesses the required 12 qualifications upon the completion of 2 13 years of continuous service as an employee 14 under this subsection. No person who is 15 first employed more than 2 years after the 16 date of the enactment of this Act may ac- 17 quire competitive status under this author- 18 ity. 19 (e) COMMITTEE WEBSITE.— 20 (1) ESTABLISHMENT.—The Committee shall 21 utilize www.Oversight.gov to establish and maintain, 22 no later than 30 days after the enactment of this 23 Act, a public-facing website for accountability and 24 transparency in the use of covered funds. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00715 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 716 1 (2) PURPOSE.—The website established and 2 maintained under paragraph (1) shall provide infor- 3 mation relating to implementation of this Act and 4 provide connections to other government websites 5 with related information. 6 (3) CONTENT AND FUNCTION.—In establishing 7 the website established and maintained under para- 8 graph (1), the Committee shall ensure the website— 9 (A) provides materials explaining what this 10 Act means for citizens in plain language and 11 shall be regularly updated; 12 (B) provides accountability information, in- 13 cluding findings from audits, investigations, or 14 reviews conducted by the Committee, Inspectors 15 General, and the Government Accountability 16 Office; 17 (C) provides data made available in a 18 searchable, sortable, downloadable, and ma- 19 chine-readable format; 20 (D) provides— 21 (i) data on how funds provided under 22 this Act are spent including through rel- 23 evant economic, financial, grant, subgrant, 24 contract, subcontract, loan, and other rel- 25 evant information with a unique, trackable L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00716 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 717 1 identification number for each project 2 where applicable; and 3 (ii) information about the process that 4 was used for the award of loans, grants, or 5 contracts, and for contracts over $150,000, 6 an explanation of the contract agreement 7 where applicable; 8 (E) includes searchable, sortable, 9 downloadable, machine-readable reports on cov- 10 ered funds obligated by month to each State 11 and congressional district where applicable; 12 (F) includes detailed information on Fed- 13 eral Government contracts, grants, and loans 14 that expend covered funds, using, where appli- 15 cable, the data elements required by the Digital 16 Access and Transparency Act (Public Law 17 113–101), and shall allow for aggregate report- 18 ing on awards below $50,000 or to individuals, 19 as prescribed by the Director of the Office of 20 Management and Budget; 21 (G) includes appropriate links to other gov- 22 ernment websites with information concerning 23 covered funds, including Federal agency and 24 State websites; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00717 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 718 1 (H) provides information on Federal allo- 2 cations of formula grants and awards of com- 3 petitive grants using covered funds; 4 (I) provides, if applicable, information on 5 Federal allocations of mandatory and other en- 6 titlement programs by State, county, or other 7 appropriate geographical unit; 8 (J) be enhanced and updated as necessary 9 to carry out the purposes of this section; and 10 (K) presents the data such that funds sub- 11 awarded by recipients are not double counted in 12 search results, data visualizations or other re- 13 ports. 14 (4) WAIVER.—The Committee may exclude 15 posting contractual or other information on the 16 website on a case-by-case basis when necessary to 17 protect information that is not subject to disclosure 18 under sections 552 and 552a of title 5, United 19 States Code. 20 (f) INDEPENDENCE OF INSPECTORS GENERAL.— 21 (1) INDEPENDENT AUTHORITY.—Nothing in 22 this section shall affect the independent authority of 23 an Inspector General or the Comptroller General to 24 determine whether to conduct an audit or investiga- 25 tion of covered funds. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00718 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 719 1 (2) REQUESTS BY COMMITTEE.—If the Com- 2 mittee requests that an Inspector General conduct or 3 refrain from conducting an audit or investigation 4 and such Inspector General rejects such request in 5 whole or in part, such Inspector General shall, not 6 later than 30 days after rejecting the request, sub- 7 mit a report to the appropriate congressional com- 8 mittees. The report shall state the reasons that such 9 Inspector General has rejected the request in whole 10 or in part. 11 (g) COORDINATION WITH 12 ERAL AND THE COMPTROLLER GEN- STATE AUDITORS.—The Committee shall co- 13 ordinate its oversight activities with the Comptroller Gen14 eral of the United States and State and local auditors. 15 (h) AUTHORIZATION OF APPROPRIATIONS.—For the 16 purposes of carrying out the mission of the Council of the 17 Inspectors General on Integrity and Efficiency under sec18 tion 11 of the Inspector General Act of 1978 (5 U.S.C. 19 App.) and to carry out this section, there are authorized 20 to be appropriated into the revolving fund described in 21 subsection (c)(3)(B) of such section, out of any amount 22 in the Treasury not otherwise appropriated, $60,000,000 23 to carry out the duties and functions of the Council. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00719 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 720 1 (i) TERMINATION OF THE COMMITTEE.—The Com- 2 mittee and its authorities and responsibilities shall termi3 nate on the later of— 4 (1) the date the last grant administered under 5 this Act is expended; 6 (2) the date the last contract administered 7 under this Act expires; 8 (3) the date the last loan or loan guarantee pro- 9 vided under this Act matures or expires, as appro- 10 priate; or 11 (4) the date the last instrument or asset ac- 12 quired by the Federal Government has been sold or 13 transferred out of the ownership or control of the 14 Federal Government, or otherwise disposed of. 15 (j) DEFINITIONS.—In this section: 16 (1) COMMITTEE.—The term ‘‘Committee’’ 17 means the Coronavirus Accountability and Trans- 18 parency Committee established in subsection (a). 19 (2) COVERED FUNDS.—The term ‘‘covered 20 funds’’ means any funds that are made available, in 21 any form, under this Act. 22 (3) RECIPIENT.—The term ‘‘recipient’’ means a 23 recipient of Federal funds under this Act. 24 (4) APPROPRIATE 25 TEES.—The CONGRESSIONAL COMMIT- term ‘‘appropriate congressional com- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00720 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 721 1 mittees’’ means the Committees on Appropriations 2 and Homeland Security of the Senate and Commit- 3 tees on Appropriations and Oversight and Reform in 4 the House of Representatives. 5 SEC. 130002. GAO OVERSIGHT AND AUDIT AUTHORITY. 6 (a) AUTHORITY.—The Comptroller General shall con- 7 duct monitoring and oversight of the exercise of authori8 ties under this Act or any other Act to prepare for, re9 spond to, and recover from the Coronavirus pandemic and 10 the effect of the pandemic on the health, economy, and 11 public and private institutions of the United States, in12 cluding public health and homeland security efforts by the 13 Federal Government and the use of selected funds under 14 this or any other Act related to the Coronavirus pandemic. 15 (b) BRIEFINGS AND REPORTS.—In conducting moni- 16 toring and oversight under subsection (a), the Comptroller 17 General shall— 18 (1) during the period beginning on the date of 19 enactment of this Act and ending on the date on 20 which the national emergency declared by the Presi- 21 dent under the National Emergencies Act (50 22 U.S.C. 1601 et seq.) with respect to the Coronavirus 23 Disease 2019 expires, offer regular briefings on not 24 less frequently than a monthly basis to the appro- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00721 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 722 1 priate congressional committees regarding Federal 2 public health and homeland security efforts; 3 (2) publish reports regarding the ongoing moni- 4 toring and oversight efforts, which, along with any 5 audits and investigations conducted by the Comp- 6 troller General, shall be submitted to the appropriate 7 congressional committees and posted on the website 8 of the Government Accountability Office— 9 (A) not later than 90 days after the date 10 of enactment of this Act, every other month 11 thereafter until the date that is 1 year after the 12 date of enactment of this Act; and 13 (B) after the period described in subpara- 14 graph (A), on a periodic basis; and 15 (3) submit to the appropriate congressional 16 committees additional reports as warranted by the 17 findings of the monitoring and oversight activities of 18 the Comptroller General. 19 (c) ACCESS TO INFORMATION.— 20 (1) RIGHT OF ACCESS.—In conducting moni- 21 toring and oversight activities under this section, the 22 Comptroller General shall have access to records, 23 upon request, of any Federal, State, or local agency, 24 contractor, grantee, recipient, or subrecipient per- 25 taining to any Federal effort or assistance of any L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00722 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 723 1 type related to Coronavirus under this Act or any 2 other Act, including private entities receiving such 3 assistance. 4 (2) COPIES.—The Comptroller General may 5 make and retain copies of any records accessed 6 under paragraph (1) as the Comptroller General de- 7 termines appropriate. 8 (3) INTERVIEWS.—In addition to such other au- 9 thorities as are available, the Comptroller General or 10 a designee of the Comptroller General may interview 11 Federal, State, or local officials, contractor staff, 12 grantee staff, recipients, or subrecipients pertaining 13 to any Federal effort or assistance of any type re- 14 lated to Coronavirus under this or any other Act, in- 15 cluding private entities receiving such assistance. 16 (4) INSPECTION OF FACILITIES.—As deter- 17 mined necessary by the Comptroller General, the 18 Government Accountability Office may inspect facili- 19 ties at which Federal, State, or local officials, con- 20 tractor staff, grantee staff, or recipients or sub- 21 recipients carry out their responsibilities related to 22 Coronavirus. 23 (5) ENFORCEMENT.—Access rights under this 24 subsection shall be subject to enforcement consistent 25 with section 716 of title 31, United States Code. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00723 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 724 1 (d) RELATIONSHIP TO EXISTING AUTHORITY.— 2 Nothing in this section shall be construed to limit, amend, 3 supersede, or restrict in any manner any existing author4 ity of the Comptroller General. ø(e) APPROPRIATIONS 5 6 ABILITY FOR GOVERNMENT ACCOUNT- OFFICE.—Out of amounts in the Treasury not 7 otherwise appropriated, there is appropriated, for an addi8 tional amount for ‘‘Government Accountability Office— 9 Salaries and Expenses’’, $50,000,000, to remain available 10 until expended, for audits and investigations relating to— 11 ø(1) Coronavirus or similar pandemics; and 12 ø(2) any related stimulus funding to assist the 13 response of the United States to the major health 14 and economic vulnerabilities of the United States to 15 pandemics.¿ 16 (f) DEFINITIONS.—In this section: 17 (1) APPROPRIATE 18 TEES.—The 19 mittees’’ means— 20 CONGRESSIONAL COMMIT- term ‘‘appropriate congressional com- (A) the Committee on Appropriations of 21 the Senate; 22 (B) the Committee on Homeland Security 23 and Governmental Affairs of the Senate; 24 (C) the Committee on Health, Education, 25 Labor, and Pensions of the Senate; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00724 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 725 1 (D) the Committee on Appropriations of 2 the House of Representatives; 3 (E) the Committee on Homeland Security 4 of the House of Representatives; 5 (F) the Committee on Oversight and Re- 6 form of the House of Representatives; and 7 (G) the Committee on Energy and Com- 8 merce of the House of Representatives. 9 (2) COMPTROLLER GENERAL.—The term 10 ‘‘Comptroller General’’ means the Comptroller Gen- 11 eral of the United States. 13 DIVISION N—U.S. POSTAL SERVICE PROVISIONS 14 SEC. 140001. ELIMINATION OF USPS DEBT; ADDITIONAL 12 15 BORROWING AUTHORITY. 16 (a) IN GENERAL.—Notwithstanding any other provi- 17 sion of law— 18 (1) any outstanding debt of the United States 19 Postal Service owed to the Treasury pursuant to sec- 20 tions 2005 and 2011 of title 5, United States Code, 21 on the date of the enactment of this Act is hereby 22 cancelled; and 23 (2) after the date of the enactment of this Act, 24 the United States Postal Service is authorized to 25 borrow money from the Treasury in an amount not L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00725 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 726 1 to exceed $15,000,000,000 to carry out the duties 2 and responsibilities of the Postal Service, including 3 those under title 39, United States Code, and the 4 Secretary of the Treasury shall lend up to such 5 amount at the request of the Postal Service. 6 (b) REPEAL OF FISCAL YEAR BORROWING LIMIT.— 7 Section 2005(a)(1) of title 39, United States Code, is 8 amended by striking ‘‘In any one fiscal year,’’ and all that 9 follows through the period. 10 SEC. 140002. PRIORITIZATION OF DELIVERY FOR MEDICAL 11 PURPOSES DURING COVID–19 EMERGENCY. 12 Notwithstanding any other provision of law, the 13 United States Postal Service— 14 (1) shall prioritize delivery of postal products 15 for medical purposes during the emergency, declared 16 by the President under section 501 of the Robert T. 17 Stafford Disaster Relief and Emergency Assistance 18 Act (42 U.S.C. 5191) on March 13, 2020, based on 19 the outbreak of COVID–19; 20 (2) may establish temporary delivery points, in 21 such form and manner as the Postal Service deter- 22 mines necessary, to protect employees of the Postal 23 Service and individuals receiving deliveries from the 24 Postal Service; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00726 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 727 1 (3) may institute flexible delivery, in such form 2 and manner as the Postal Service determines nec- 3 essary, in the event operations or employees of the 4 Postal Service are impacted by the COVID–19 out- 5 break described in paragraph (1). 7 DIVISION O—FEDERAL WORKFORCE PROVISIONS 8 SEC. 150001. REIMBURSEMENT FOR CHILD AND FAMILY 9 CARE FOR FEDERAL EMPLOYEES DURING 6 10 COVID–19 PANDEMIC. 11 (a) IN GENERAL.—During the period beginning on 12 the date of enactment of this Act and ending on December 13 31, 2020, any employee who is unable to care for a de14 pendent child of the employee or a relative of the employee 15 who has COVID–19 as a result of the employee being re16 quired to report to their duty station (either permanent 17 or temporary) or to telework shall be entitled to reim18 bursement for the costs of such care. 19 (b) APPLICATION.— 20 (1) IN GENERAL.—Any payment provided by 21 operation of subsection (a) shall be paid on a month- 22 ly basis, with payments being made to the employee 23 on the last day of each month. 24 (2) SUBMISSION 25 OF RECEIPTS.—For purposes of determining reimbursement amounts, each em- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00727 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 728 1 ployee shall submit to their employing office receipts 2 or other documents as the office may require. 3 (3) LIMIT.—Reimbursement may not be paid to 4 any employee under this section for any month in an 5 amount greater than $2,000 per child or relative. 6 (c) DEFINITIONS.—In this section— 7 (1) the term ‘‘employee’’ means any individual 8 occupying a position in the civil service (as that term 9 is defined in section 2101(1) of title 5, United 10 States Code); and 11 (2) the terms ‘‘dependent child’’ and ‘‘relative’’ 12 have the meaning given those terms in paragraphs 13 (2) and (16), respectively, of section 109 of the Eth- 14 ics in Government Act of 1978 (5 U.S.C. App. 15 109(2)). 16 SEC. 150002. FEDERAL CONTRACTOR REIMBURSEMENT. 17 Not later than 10 calendar days after the date of the 18 enactment of this Act, the Director of the Office of Man19 agement and Budget, in consultation with the Adminis20 trator of the Office of Federal Procurement Policy, shall 21 issue guidance to the head of each executive agency to pro22 vide equitable adjustment for any contractor under a con23 tract with the Federal Government whose work was dis24 rupted as a result of measures taken with respect to 25 COVID–19. For purposes of this section, work disruption L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00728 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 729 1 shall include denial of access to Federal facilities, supply 2 chain disruptions, use of annual leave by individuals em3 ployed to fulfill the contract, and furloughs of individuals 4 employed to fulfill the contract. 5 SEC. 150003. WEATHER AND SAFETY LEAVE FOR COVID–19. 6 (a) IN GENERAL.—Beginning on the date of enact- 7 ment of this Act and ending on December 31, 2020, sub8 section (b)(3) of section 6329c of title 5, United States 9 Code, shall be applied by substituting ‘‘approved location, 10 including by reason of the inability to travel or access work 11 stations as a result of COVID–19’’ for ‘‘approved loca12 tion’’. 13 (b) APPROVED LOCATION.—Such section is amended 14 in subsection (a)— 15 (1) by striking ‘‘and’’ at the end of paragraph 16 (1); 17 (2) by striking the period at the end of para- 18 graph (2) and inserting ‘‘; and’’; and 19 (3) by adding at the end the following: 20 ‘‘(3) the term ‘approved location’ means any lo- 21 cation at which an employee has been approved to 22 perform work, including any Federal office, a tele- 23 working site, or other location as determined by the 24 head of the agency at which the employee is em- 25 ployed.’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00729 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 730 1 (c) RULE OF CONSTRUCTION.—Notwithstanding sub- 2 paragraph (B) of subsection (a)(2) of such section, inter3 mittent employees described in such subparagraph shall 4 be eligible for the leave provided by operation of subsection 5 (a) of this section. 6 SEC. 150004. COVID–19 TELEWORKING REQUIREMENTS FOR 7 FEDERAL EMPLOYEES. 8 (a) MANDATED TELEWORK.— 9 (1) IN GENERAL.—Effective immediately upon 10 the date of enactment of this Act, the head of any 11 Federal agency shall require any employee of such 12 agency who is authorized to telework under chapter 13 65 of title 5, United States Code, or any other provi- 14 sion of law to telework during the period beginning 15 on the date of enactment of this Act and ending on 16 December 31, 2020. 17 (2) DEFINITIONS.—In this subsection— 18 (A) the term ‘‘employee’’ means any indi- 19 vidual occupying a position in the civil service 20 (as that term is defined in section 2101(1) of 21 title 5, United States Code); and 22 (B) the term ‘‘telework’’ has the meaning 23 given that term in section 6501(3) of such title. 24 (b) TELEWORK PARTICIPATION GOALS.—Chapter 65 25 of title 5, United States Code, is amended as follows: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00730 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 731 1 (1) In section 6502— 2 (A) in subsection (b)— 3 (i) in paragraph (4), by striking 4 ‘‘and’’ at the end; 5 (ii) in paragraph (5), by striking the 6 period at the end and inserting a semi- 7 colon; and 8 (iii) by adding at the end the fol- 9 lowing: 10 ‘‘(6) include annual goals for increasing the 11 percent of employees of the executive agency partici- 12 pating in teleworking— 13 ‘‘(A) three or more days per pay period; 14 ‘‘(B) one or 2 days per pay period; 15 ‘‘(C) once per month; and 16 ‘‘(D) on an occasional, episodic, or short- 17 term basis; and 18 ‘‘(7) include methods for collecting data on, set- 19 ting goals for, and reporting costs savings to the ex- 20 ecutive agency achieved through teleworking, con- 21 sistent with the guidance developed under section 22 2(c) of the ølll Act¿.’’; and 23 (B) by adding at the end the following: 24 25 ‘‘(d) NOTIFICATION WORKING FOR REDUCTION IN TELE- PARTICIPATION.—Not later than 30 days before L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00731 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 732 1 the date that an executive agency implements or modifies 2 a teleworking plan that would reduce the percentage of 3 employees at the agency who telework, the head of the ex4 ecutive agency shall provide written notification, including 5 a justification for the reduction in telework participation 6 and a description of how the agency will pay for any in7 creased costs resulting from that reduction, to— 8 ‘‘(1) the Director of the Office of Personnel 9 Management; 10 ‘‘(2) the Committee on Oversight and Reform 11 of the House of Representatives; and 12 ‘‘(3) the Committee on Homeland Security and 13 Governmental Affairs of the Senate. 14 ‘‘(e) PROHIBITION ON AGENCY-WIDE LIMITS ON 15 TELEWORKING.—An agency may not prohibit any delin16 eated period of teleworking participation for all employees 17 of the agency, including the periods described in subpara18 graphs (A) through (D) of subsection (b)(6). The agency 19 shall make any teleworking determination with respect to 20 an employee or group of employees at the agency on a 21 case-by-case basis.’’. 22 (2) In section 6506(b)(2)— 23 (A) in subparagraph (F)(vi), by striking 24 ‘‘and’’ at the end; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00732 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 733 1 (B) in subparagraph (G), by striking the 2 period at the end and inserting a semicolon; 3 and 4 (C) by adding at the end the following: 5 ‘‘(H) agency cost savings achieved through 6 teleworking, consistent with the guidance devel- 7 oped under section 2(c) of the Telework Metrics 8 and Cost Savings Act; and 9 ‘‘(I) a detailed explanation of a plan to in- 10 crease the Government-wide teleworking partici- 11 pation rate above such rate applicable to fiscal 12 year 2016, including agency-level plans to main- 13 tain or improve such rate for each of the tele- 14 working frequency categories listed under sub- 15 paragraph (A)(iii).’’. 16 (c) GUIDANCE.—Not later than 90 days after the 17 date of the enactment of this Act, the Director of the Of18 fice of Personnel Management, in collaboration with the 19 Chief Human Capital Officer Council, shall establish uni20 form guidance for agencies on how to collect data on, set 21 goals for, and report cost savings achieved through, tele22 working. Such guidance shall account for cost savings re23 lated to travel, energy use, and real estate. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00733 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 734 1 (d) TECHNICAL CORRECTION.—Section 6506(b)(1) 2 of title 5, United States Code, is amended by striking 3 ‘‘with Chief’’ and inserting ‘‘with the Chief’’. 4 SEC. 150005. PAY DIFFERENTIAL FOR DUTY RELATED TO 5 COVID–19. 6 (a) IN GENERAL.—Section 5545 of title 5, United 7 States Code, is amended by adding at the end the fol8 lowing: 9 ‘‘(e)(1) The Office shall establish a schedule or sched- 10 ules of pay differentials for duty during which an employee 11 is exposed to an individual who has (or who has been ex12 posed to) COVID–19. 13 ‘‘(2) Under such regulations as the Office may pre- 14 scribe, during the period beginning on March 15, 2020, 15 and ending on September 30, 2020, an employee to whom 16 chapter 51 and subchapter III of chapter 53 applies, and 17 an employee appointed under chapter 73 or 74 of title 38, 18 is entitled to be paid the differential under paragraph (1) 19 for any period in which the employee is carrying out the 20 duty described in such paragraph.’’. 21 (b) TSA EMPLOYEES.—Section 111(d)(2) of the 22 Aviation and Transportation Security Act (49 U.S.C. 23 44935 note) is amended by adding at the end the fol24 lowing: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00734 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 735 1 ‘‘(C) HAZARDOUS DUTY PAY FOR COVID– 2 19.—The 3 5, United States Code, shall to apply to any in- 4 dividual appointed under paragraph (1).’’. provisions of section 5545(e) of title 7 DIVISION P—FEDERAL EMPLOYEE COLLECTIVE BARGAINING AND OFFICIAL TIME 8 SEC. 160001. SHORT TITLE. 5 6 9 This division may be cited as the ‘‘Protecting Collec- 10 tive Bargaining and Official Time for Federal Workers 11 Act’’. 12 SEC. 160002. FINDINGS. 13 Congress finds the following: 14 (1) Federal Unions play a critical role in pro- 15 tecting the rights of Federal workers by allowing 16 members to have a collective voice on the job and in 17 the legislative process, advance issues for working 18 families, ensure equal opportunities for all workers, 19 and raise the standards by which all professional 20 and technical workers are employed. 21 (2) Collective bargaining is essential to the 22 union process, because it provides mutual agreement 23 between all parties that fosters harmonious relation- 24 ships between the Federal Government and its em- 25 ployees and protects the interest of both parties. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00735 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 736 1 (3) The current administration has acted 2 through Executive Orders and official memorandums 3 to dismantle Federal Unions and undermine their 4 collective bargaining rights across the Federal work- 5 force and these directives have already negatively 6 impacted labor contracts, both signed and under ac- 7 tive negotiation. 8 (4) These orders set an aggressive schedule for 9 unions to engage in collective bargaining, while also 10 slashing the unions official time for performing 11 union duties by over 91 percent in some cases. 12 These actions are limiting the ability for unions to 13 prepare for negotiations and perform their legally re- 14 quired employee representational duties. 15 (5) Section 7101(a) of title 5, United States 16 Code, states, ‘‘Congress finds that labor organiza- 17 tions and collective bargaining in the civil service are 18 in the public interest.’’. Attempting to eliminate the 19 Union by eliminating almost all its official time re- 20 pudiates the statutory position that unions are in 21 the public interest. 22 (6) Through these orders, agencies are required 23 to comply with artificial bargaining schedules, which 24 undermine good faith negotiations and divert the de- 25 cision-making to an impasse panel, which has no L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00736 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 737 1 union representation on it and does not represent 2 both parties. 3 (7) Collectively, the administration’s actions 4 have violated Congressional intent, undermined the 5 ability of unions to engage in collective bargaining, 6 and threatened the rights and benefits of millions of 7 Federal workers. 8 SEC. 160003. NULLIFICATION OF EXECUTIVE ORDERS RE- 9 LATING TO FEDERAL EMPLOYEE COLLEC- 10 TIVE BARGAINING. 11 Each of the following Executive Orders and presi- 12 dential memorandum are rescinded and shall have no force 13 or effect: 14 (1) Executive Order 13837 (relating to the use 15 of official time). 16 (2) Executive Order 13836 (relating to Federal 17 collective bargaining). 18 (3) Executive Order 13839 (relating to the 19 Merit Systems Protection Board). 20 (4) The Presidential Memorandum on the Dele- 21 gation of Certain Authority under the Federal Serv- 22 ice Labor-Management Relations Statute, issued to 23 the Secretary of Defense on January 29, 2020. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00737 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 738 3 DIVISION Q—STUDENT VETERAN CORONAVIRUS RESPONSE ACT OF 2020 4 SEC. 170001. SHORT TITLE. 1 2 5 This division may be cited as the ‘‘Student Veteran 6 Coronavirus Response Act of 2020’’. 7 SEC. 170002. PAYMENT OF WORK-STUDY ALLOWANCES DUR- 8 ING EMERGENCY SITUATIONS. 9 Section 3485 of title 38, United States Code, is 10 amended by adding at the end the following new sub11 section: 12 ‘‘(f)(1) In case of an individual who is in receipt of 13 work-study allowance pursuant to an agreement described 14 in subsection (a)(3) as of the date on which an emergency 15 situation occurs and who is unable to continue to perform 16 qualifying work-study activities described in subsection 17 (a)(4) by reason of the emergency situation— 18 ‘‘(A) the Secretary may continue to pay work- 19 study allowance under this section or make deduc- 20 tions described in subsection (e)(1) during the pe- 21 riod of such emergency situation, notwithstanding 22 the inability of the individual to perform such work- 23 study activities by reason of such emergency situa- 24 tion; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00738 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 739 1 ‘‘(B) at the option of the individual, the Sec- 2 retary shall extend the agreement described in sub- 3 section (a)(3) with the individual for any subsequent 4 period of enrollment initiated during the emergency 5 situation, notwithstanding the inability of the indi- 6 vidual to perform work-study activities described in 7 subsection (a)(4) by reason of such emergency situa- 8 tion. 9 ‘‘(2) The amount of work-study allowance payable to 10 an individual under paragraph (1)(A) during the period 11 of an emergency situation shall be an amount determined 12 by the Secretary but may not exceed the amount that 13 would be payable under subsection (a)(2) if the individual 14 worked 25 hours per week paid during such period.’’. 15 SEC. 170003. PAYMENT OF ALLOWANCES TO VETERANS EN- 16 ROLLED 17 CLOSED FOR EMERGENCY SITUATIONS. 18 IN EDUCATIONAL INSTITUTIONS (a) TEMPORARY PROVISION.— 19 (1) IN GENERAL.—During the period beginning 20 on March 1, 2020, and ending on December 21, 21 2020, the Secretary may pay allowances to an eligi- 22 ble 23 3680(a)(2)(A) of title 38, United States Code, if the 24 veteran or person is enrolled in a program or course 25 of education that— veteran or eligible person under section L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00739 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 740 1 (A) is provided by an educational institu- 2 tion that is closed by reason of an emergency 3 situation; or 4 (B) is suspended by reason of an emer- 5 gency situation. 6 (2) AMOUNT OF ALLOWANCE.—The total num- 7 ber of weeks for which allowances may be paid under 8 this section may not exceed four weeks. 9 (3) NOT COUNTED FOR PURPOSES OF LIMITA- 10 TION.—Any 11 be counted for purposes of the limitation on 12 allowanced under section 3680(a)(2)(A) of title 38, 13 United States Code. 14 (b) PERMANENT PROVISION.—Section 3680(a)(2) of amount paid under this section shall not 15 title 38, United States Code, is amended— 16 (1) in subparagraph (A), by striking ‘‘12- 17 month’’ and inserting ‘‘six-month’’; and 18 (2) in subparagraph (B)— 19 (A) by striking ‘‘or following’’ and insert- 20 ing ‘‘during periods following’’; and 21 (B) by inserting after ‘‘section 22 3699(b)(1)(B) of this title,’’ the following: ‘‘, or 23 during periods when a course of study or pro- 24 gram of education is temporarily closed or ter- 25 minated by reason of an emergency situation,’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00740 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 741 1 SEC. 170004. PROHIBITION OF CHARGE TO ENTITLEMENT 2 OF STUDENTS UNABLE TO PURSUE A PRO- 3 GRAM OF EDUCATION DUE TO AN EMER- 4 GENCY SITUATION. 5 Section 3699(b)(1) of title 38, United States Code, 6 is amended— 7 (1) in subparagraph (A), by striking ‘‘or’’ at 8 the end; 9 (2) in subparagraph (B)(ii), by striking ‘‘and’’ 10 at the end and inserting ‘‘or’’ ; and 11 (3) by adding at the end the following new sub- 12 paragraph: 13 ‘‘(C) the temporary closure of an edu- 14 cational institution or the temporary closure or 15 termination of a course or program of education 16 by reason of an emergency situation; and’’. 17 SEC. 170005. EXTENSION OF TIME LIMITATIONS FOR USE 18 OF ENTITLEMENT. 19 (a) MONTGOMERY GI BILL.—Section 3031 of title 20 38, United States Code, is amended by adding at the end 21 the following new subsection: 22 ‘‘(i) In the case of an individual eligible for edu- 23 cational assistance under this chapter who is prevented 24 from pursuing the individual’s chosen program of edu25 cation before the expiration of the 10-year period for the 26 use of entitlement under this chapter otherwise applicable L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00741 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 742 1 under this section because the educational institution 2 closed (temporarily or permanently) under an established 3 policy based on an Executive order of the President or 4 due to an emergency situation, such 10-year period— 5 ‘‘(1) shall not run during the period the indi- 6 vidual is so prevented from pursuing such program; 7 and 8 ‘‘(2) shall again begin running on the first day 9 after the individual is able to resume pursuit of a 10 program of education with educational assistance 11 under this chapter.’’. 12 (b) POST-9/11 EDUCATIONAL ASSISTANCE.— 13 (1) IN 14 GENERAL.—Section 3321(b)(1) of such title is amended— 15 (A) by inserting ‘‘(A)’’ before ‘‘Sub- 16 sections’’; 17 (B) by striking ‘‘and (d)’’ and inserting 18 ‘‘(d), and (i)’’; and by adding at the end the fol- 19 lowing new subparagraph: 20 ‘‘(B) Subsection (i) of section 3031 shall apply 21 with respect to the running of the 15-year period de- 22 scribed in paragraphs (4)(A) and (5)(A) of this sub- 23 section in the same manner as such subsection ap- 24 plies under section 3031 with respect to the running 25 of the 10-year period described in section 3031(a).’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00742 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 743 1 (2) TRANSFER 2 PERIOD.—Section 3319(h)(5) is amended— 3 (A) in subparagraph (A) by inserting ‘‘or 4 (C)’’ after ‘‘subparagraph (B)’’; and 5 (B) by adding at the end the following new 6 subparagraph: 7 ‘‘(C) EMERGENCY SITUATIONS.—In any 8 case in which the Secretary determines that an 9 individual to whom entitlement is transferred 10 under this section has been prevented from pur- 11 suing the individual’s chosen program of edu- 12 cation before the individual attains the age of 13 26 years because the educational institution 14 closed (temporarily or permanently) under an 15 established policy based on an Executive order 16 of the President or due to an emergency situa- 17 tion, the Secretary shall extend the period dur- 18 ing which the individual may use such entitle- 19 ment for a period equal to the number of 20 months that the individual was so prevented 21 from pursuing the program of education, as de- 22 termined by the Secretary.’’. 23 (c) VOCATIONAL REHABILITATION 24 (1) PERIOD 25 AND FOR USE.—Section TRAINING.— 3103 of such title is amended— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00743 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 744 1 (A) in subsection (a), by striking ‘‘or (e)’’ 2 and inserting ‘‘(e), or (g)’’; and 3 (B) by adding at the end the following new 4 subsection: 5 ‘‘(g) In any case in which the Secretary determines 6 that a veteran has been prevented from participating in 7 a vocational rehabilitation program under this chapter 8 within the twelve-year period of eligibility prescribed in 9 subsection (a) by reason of an Executive order of the 10 President or due to an emergency situation, such twelve11 year period— 12 ‘‘(1) shall not run during the period the indi- 13 vidual is so prevented from participating such pro- 14 gram; and 15 ‘‘(2) shall again begin running on the first day 16 after the individual is able to resume participation in 17 such program.’’. 18 (2) DURATION 19 OF PROGRAM.—Section 3105(b) of such title is amended— 20 (A) in paragraph (1), by striking ‘‘para- 21 graph (2)’’ and inserting ‘‘paragraphs (2) and 22 (3)’’; and 23 (B) by adding at the end the following new 24 paragraph: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00744 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 745 1 ‘‘(3)(A) In any case in which the Secretary deter- 2 mines that a veteran has been prevented from partici3 pating in counseling and placement and postplacement 4 services described in section 3104(a)(2) and (5) of this 5 title by reason of an Executive order of the President or 6 due to an emergency situation, the Secretary shall extend 7 the period during which the Secretary may provide such 8 counseling and placement and postplacement services for 9 the veteran for a period equal to the number of months 10 that the veteran was so prevented from participating in 11 such counseling and services, as determined by the Sec12 retary. 13 ‘‘(B) In any case in which the Secretary determines 14 that a veteran has been prevented from participating in 15 a vocational rehabilitation program under this chapter by 16 reason of an Executive order of the President or due to 17 an emergency situation, the Secretary shall extend the pe18 riod of the veteran’s vocational rehabilitation program for 19 a period equal to the number of months that the veteran 20 was so prevented from participating in the vocational re21 habilitation program, as determined by the Secretary.’’. 22 23 (d) EDUCATIONAL ASSISTANCE THE FOR MEMBERS OF SELECTED RESERVE.—Section 16133(b) of title 10, 24 United States Code, is amended by adding at the end the 25 following new paragraph: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00745 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 746 1 ‘‘(5) In any case in which the Secretary concerned 2 determines that a person entitled to educational assistance 3 under this chapter has been prevented from using such 4 person’s entitlement by reason of an Executive order of 5 the President or due to an emergency situation, the Sec6 retary concerned shall extend the period of entitlement 7 prescribed in subsection (a) for a period equal to the num8 ber of months that the person was so prevented from using 9 such entitlement, as determined by the Secretary.’’. 10 SEC. 170006. RESTORATION OF ENTITLEMENT TO REHA- 11 BILITATION PROGRAMS FOR VETERANS AF- 12 FECTED 13 APPROVAL. 14 BY SCHOOL CLOSURE OR DIS- (a) ENTITLEMENT.—Section 3699 of title 38, United 15 States Code, is amended by striking ‘‘chapter 30,’’ each 16 time it appears and inserting ‘‘chapter 30, 31,’’. 17 (b) PAYMENT OF SUBSISTENCE ALLOWANCES.—Sec- 18 tion 3680(a)(2)(B) of title 38, United States Code, is 19 amended— 20 (1) by inserting ‘‘or a subsistence allowance de- 21 scribed in section 3108’’ before ‘‘, during’’; and 22 (2) by inserting ‘‘or allowance’’ after ‘‘such a 23 stipend’’. 24 (c) EFFECTIVE DATE.—The amendments made by 25 this section shall apply as if included in the enactment L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00746 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 747 1 of section 109 of the Harry W. Colmery Veterans Edu2 cational Assistance Act of 2017 (Public Law 115–48; 131 3 Stat. 978). 4 SEC. 170007. EXTENSION OF PAYMENT OF VOCATIONAL RE- 5 HABILITATION SUBSISTENCE ALLOWANCES. 6 In the case of any veteran who the Secretary of Vet- 7 erans Affairs determines is satisfactorily following a pro8 gram of employment services provided under section 9 3104(a)(5) of title 38, United States Code, during period 10 beginning on March 1, 2020, and ending on December 21, 11 2020, the Secretary may pay the veteran a subsistence al12 lowance, as prescribed in section 3108 of such title for 13 full-time training for the type of program that the veteran 14 was pursuing, for two additional months.’’. 15 SEC. 170008. INCREASE OF AMOUNT OF DEPARTMENT OF 16 VETERANS AFFAIRS PAYMENTS FOR AID AND 17 ATTENDANCE DURING EMERGENCY PERIOD 18 RESULTING FROM COVID–19 PANDEMIC. 19 (a) IN GENERAL.—During the covered period, the 20 Secretary of Veterans Affairs shall apply each of the fol21 lowing provisions of title 38, United States Code, by sub22 stituting for the dollar amount in such provision the 23 amount equal to 125 percent of the dollar amount that 24 was in effect under such provision on the date of the en25 actment of this Act: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00747 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 748 1 (1) Subsections (l), (m), and (r) of section 2 1114. 3 (2) Paragraphs (1) and (2) of subsection (d) of 4 section 1521. 5 (3) Paragraphs (2) and (4) of subsection (f) of 6 section 1521. 7 (b) COVERED PERIOD.—In this section, the covered 8 period is the period that begins on the date of the enact9 ment of this Act and ends 60 days after the last day of 10 the emergency period (as defined in section 1135(g)(1) of 11 the Social Security Act (42 U.S.C. 1320b-5(g)(1))) result12 ing from the COVID–19 pandemic. 13 SEC. 170009. TREATMENT OF WORK INJURY COMPENSA- 14 TION CLAIMS FILED BY EMPLOYEES OF THE 15 DEPARTMENT OF VETERANS AFFAIRS FOR 16 COVID–19. 17 (a) ELIGIBILITY.—Notwithstanding section 7425(b) 18 of title 38, United States Code, or any other provision of 19 law, each employee of the Department of Veterans Affairs 20 (including employees under chapter 74 of such title) shall 21 be treated as an employee under chapter 81 of title 5, 22 United States Code, for purposes of making claims under 23 such chapter relating to coronavirus disease 2019 24 (COVID–19). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00748 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 749 1 (b) PRESUMPTION.—If an employee of the Depart- 2 ment of Veterans Affairs described in subsection (a) con3 tracts coronavirus disease 2019 (COVID–19), such dis4 ease shall be presumed to have been proximately caused 5 by the employment of the employee for purposes of claims 6 made under chapter 81 of title 5, United States Code. 7 SEC. 170010. DEFERRAL OF CERTAIN DEBTS ARISING FROM 8 LAWS ADMINISTERED BY THE SECRETARY OF 9 VETERANS AFFAIRS. 10 (a) IN GENERAL.—With regard to a covered debt, the 11 Secretary of Veterans Affairs, during the covered period, 12 may not take any of the following actions: 13 (1) Collect a payment (including by the offset 14 of any payment by the Secretary). 15 (2) Record such a debt. 16 (3) Issue notice of such a debt to an individual 17 or a consumer reporting agency. 18 (4) Allow any interest to accrue. 19 (5) Apply any administrative fee. 20 (b) EXCEPTION.—Notwithstanding subsection (a), 21 the Secretary may collect a payment regarding a covered 22 debt (including interest or any administrative fee) from 23 an individual who elects to make such a payment during 24 the covered period. 25 (c) DEFINITIONS.—In this section: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00749 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 750 1 (1) The term ‘‘consumer reporting agency’’ has 2 the meaning given that term in section 5701 of title 3 38, United States Code. 4 (2) The term ‘‘covered debt’’ means a debt 5 owed— 6 (A) by an individual to the United States; 7 and 8 (B) arising from a covered law. 9 (3) The term ‘‘covered law’’ means any law ad- 10 ministered by the Secretary of Veterans Affairs 11 through— 12 (A) the Under Secretary for Health; or 13 (B) the Under Secretary of Benefits. 14 (4) The term ‘‘covered period’’ means— 15 (A) the COVID–19 emergency period; and 16 (B) the 60 days immediately following the 17 date of the end of the COVID–19 emergency 18 period. 19 (5) The term ‘‘COVID–19 emergency period’’ 20 means the emergency period described in section 21 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 22 1320b-5(g)(1)(B)). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00750 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 751 DIVISION R—AVIATION WORKER RELIEF 1 2 3 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 4 (a) SHORT TITLE.—This division may be cited as the 5 ‘‘Emergency Pension Plan Relief Act of 2020’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this division is as follows: DIVISION lll—AVIATION WORKER RELIEF Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—AVIATION WORKER RELIEF Sec. Sec. Sec. Sec. Sec. 101. 102. 103. 104. 105. Pandemic relief for aviation workers. Procedures for financial assistance. Terms and conditions. Reports. Coordination. TITLE II—LABOR PROTECTIONS Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 201. 202. 203. 204. 205. 206. 207. 208. 209. 210. 211. Assistance irrespective of labor costs. Collective bargaining and snap-back. Protection of organizing activity. Working and travel conditions. Labor union representation on air carrier boards. Furloughed worker protections. Healthcare for unprotected workers. Employee wages and leave. Limitation on rejection of collective bargaining agreements. Increased wage priority. Rejection of collective bargaining agreements. TITLE III—AIRLINE INDUSTRY FINANCIAL OVERSIGHT Sec. Sec. Sec. Sec. Sec. Sec. 301. 302. 303. 304. 305. 306. Creation of Office of Airline Industry Financial Oversight. Responsibilities of Office of Airline Industry Financial Oversight. Access to information. Reports to Congress. Rulemaking authority. Authorization of appropriations. TITLE IV—AIRPORT RELIEF Sec. 401. Emergency pandemic funding for airports. Sec. 402. Maintaining pre-crisis airport improvement program levels. Sec. 403. National aviation preparedness plan. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00751 Fmt 6652 Sfmt 6211 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 752 TITLE V—SMALL COMMUNITY AIR SERVICE Sec. 501. Continuation of certain air service. Sec. 502. Tolling of EAS limitations. Sec. 503. Sunset. TITLE VI—CONSUMER PROTECTIONS Sec. 601. Airline price gouging during disaster or emergency. Sec. 602. Airline refunds during national disasters or emergencies. Sec. 603. Conditions on airline ancillary fees. TITLE VII—ENVIRONMENTAL PROTECTIONS Sec. Sec. Sec. Sec. Sec. Sec. 701. 702. 703. 704. 705. 706. Sustainable aviation fuel development program. Airline Assistance to Recycle and Save Program. Expansion of voluntary airport low emission program. Airline carbon emissions offsets and goals. Research and development of sustainable aviation fuels. Improving consumer information regarding release of greenhouse gases from flights. Sec. 707. Study on certain climate change mitigation efforts. TITLE VIII—MISCELLANEOUS Sec. 801. Separability. Sec. 802. Application of law. 1 SEC. 2. DEFINITIONS. 2 Unless otherwise specified, the terms in section 3 40102(a) of title 49, United States Code, shall apply to 4 this division, except that— 5 (1) the term ‘‘contractor’’ means a person that 6 performs airport ground support or catering func- 7 tions under contract with a passenger air carrier; 8 and 9 (2) the term ‘‘employee’’ means an individual, 10 other than a corporate officer, who is employed by 11 an air carrier or contractor. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00752 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 753 TITLE I—AVIATION WORKER RELIEF 1 2 3 SEC. 101. PANDEMIC RELIEF FOR AVIATION WORKERS. 4 (a) FINANCIAL ASSISTANCE.—Notwithstanding any 5 other provision of law, the President shall take the fol6 lowing actions to preserve aviation jobs and compensate 7 airline industry workers: 8 (1) Issue grants that shall exclusively be used 9 for the continuation of payment of employee wages, 10 salaries, and benefits to— 11 (A) specified entities, in an aggregate 12 amount equal to $37,000,000,000; and 13 (B) contractors of air carriers, in an ag- 14 gregate amount equal to $3,000,000,000. 15 (2) Subject to section 102(c), issue unsecured 16 loans and loan guarantees to air carriers in amounts 17 that 18 $21,000,000,000. 19 (b) ASSURANCES.—To be eligible for assistance do not, in the aggregate, exceed 20 under this section, an air carrier shall enter into an agree21 ment with the Secretary of Transportation, or otherwise 22 certify, as determined appropriate by the President, that 23 such air carrier shall comply with any actions required 24 under this division. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00753 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 754 1 (c) ADMINISTRATIVE EXPENSES.—Notwithstanding 2 any other provision of law, the Secretary may use 3 $100,000,000 of the funds made available under section 4 101(a)(2) for costs and administrative expenses associated 5 with the provision of loans or guarantees authorized under 6 such section. 7 (d) SPECIFIED ENTITY DEFINED.—In this section, 8 the term ‘‘specified entity’’ means— 9 (1) an air carrier that is authorized to conduct 10 operations under part 121 of title 14, Code of Fed- 11 eral Regulations; or 12 (2) an air carrier that is authorized to conduct 13 operations under part 135 of title 14, Code of Fed- 14 eral Regulations, that— 15 (A) transports passengers by aircraft on a 16 scheduled basis; or 17 (B) transports property or mail by aircraft 18 19 on a scheduled or unscheduled basis. SEC. 102. PROCEDURES FOR FINANCIAL ASSISTANCE. 20 (a) AWARDABLE AMOUNTS.—The President shall dis- 21 burse grants under section 101(a)(1)— 22 (1) to a specified entity (as such term is defined 23 in section 101(d)), in an amount equal to the sala- 24 ries and benefits reported by the air carrier to the 25 Department of Transportation pursuant to part 241 L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00754 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 755 1 of title 14, Code of Federal Regulations, for the pe- 2 riod from April 1, 2019, through September 30, 3 2019; 4 (2) to a specified entity (as such term is defined 5 in section 101(d)) that does not transmit reports 6 under such part 241, in an amount that such air 7 carrier certifies, using sworn financial statements or 8 other appropriate data, as the amount of wages, sal- 9 aries, benefits, and other compensation that such air 10 carrier paid the employees of such air carrier during 11 the period from April 1, 2019, through September 12 30, 2019; and 13 (3) to a contractor, in an amount that the con- 14 tractor certifies, using sworn financial statements or 15 other appropriate data, as the amount of wages, sal- 16 aries, benefits, and other compensation that such 17 contractor paid the employees of such contractor 18 during the period from April 1, 2019, through Sep- 19 tember 30, 2019. 20 (b) DEADLINES AND PROCEDURES.— 21 (1) PROCEDURES.—The President shall publish 22 streamlined and expedited procedures— 23 (A) not later than 5 days after the date of 24 enactment of this Act for air carriers and con- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00755 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 756 1 tractors to submit requests for compensation 2 under section 101(a)(1); and 3 (B) not later than 30 days after the date 4 of enactment of this Act for air carriers to sub- 5 mit requests for loans and loan guarantees 6 under section 101(a)(2). 7 (2) ISSUANCE OF GRANTS.—The President shall 8 award initial grants under section 101(a)(1) not 9 later than 10 days after the date of enactment of 10 this Act. 11 (3) DISCRETIONARY GRANTS.—For any funds 12 made available under paragraph (1) of section 13 101(a) that remain available after the issuance of 14 grants pursuant to paragraph (2) of such section, 15 the President shall determine an appropriate method 16 for the timely distribution of the remaining funds in 17 an equitable manner to air carriers for the payment 18 of employee wages, salaries, and benefits. 19 (c) INTEREST RATES.—A loan issued under section 20 101(a)(2) shall provide for repayment with no interest for 21 a period of at least 1 year after the loan is issued. The 22 President may otherwise provide for repayment at an in23 terest rate commensurate with the level of risk associated 24 with the loan. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00756 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 757 1 (d) PRIORITY OF GOVERNMENT CLAIM.—In any pro- 2 ceeding initiated by an air carrier under chapter 7 or 11 3 of title 11, United States Code, with outstanding debt on 4 a loan provided under section 101(a)(2), any claim by the 5 Government with respect to such debt shall assume the 6 highest status of any other claim against such air carrier, 7 whether secured or unsecured. 8 (e) AUDITS.—The inspector general of the Depart- 9 ment of Transportation may audit certifications under 10 subsection (a)(2). 11 SEC. 103. TERMS AND CONDITIONS. 12 (a) SHARE REPURCHASES.— 13 (1) IN GENERAL.—Notwithstanding any other 14 provision of law, an air carrier receiving assistance 15 under section 101 may not purchase an equity inter- 16 est of such air carrier on a national securities ex- 17 change using such assistance. 18 (2) NO FORCE OR EFFECT.—Section 240.10b– 19 18 of title 17, Code of Federal Regulations, shall 20 have no force or effect. 21 (3) RULE OF CONSTRUCTION.—Nothing in this 22 section may be construed to affect tender offers sub- 23 ject to section 240.13e–4 and sections 240.14e–1 24 through 240.14f–1 of title 17, Code of Federal Reg- 25 ulations. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00757 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 758 1 (4) DEFINITIONS.—In this subsection: 2 (A) EXCHANGE.—The term ‘‘exchange’’ 3 has the meaning given the terms in section 3 of 4 the Securities Exchange Act of 1934 1(15 5 U.S.C. 78c). 6 (B) NATIONAL SECURITIES EXCHANGE.— 7 The term ‘‘national securities exchange’’ means 8 an exchange registered under section 6 of the 9 Securities Exchange Act of 1934 (15 U.S.C. 10 78f). 11 12 (b) PROHIBITION TO SHAREHOLDERS ON OR USE OF FUNDS FOR PAYMENTS BONDHOLDERS.—An air carrier 13 receiving financial assistance under section 101 may not 14 use the proceeds of such assistance to make any distribu15 tion of funds to shareholders or bondholders, including 16 stock dividends. 17 (c) EXECUTIVE COMPENSATION.— 18 (1) IN GENERAL.—The President may provide 19 financial assistance under section 101 to an air car- 20 rier only if such air carrier enters into a legally 21 binding agreement with the President that, during 22 the 10-year period following the date of enactment 23 of this Act, the air carrier’s chief executive officer 24 will receive, from the air carrier— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00758 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 759 1 (A) during any 12 consecutive months of 2 such 10-year period, total compensation not in 3 excess of an amount that is 50 times the me- 4 dian compensation earned by all employees of 5 such air carrier in calendar year 2019; and 6 (B) severance pay or other benefits upon 7 termination of employment with the air carrier 8 not in excess of the maximum total compensa- 9 tion received from the air carrier in calendar 10 year 2019. 11 (2) TOTAL COMPENSATION DEFINED.—In this 12 subsection, the term ‘‘total compensation’’ includes 13 salary, bonuses, awards of stock, and other financial 14 benefits provided by an air carrier to an officer or 15 employee of the air carrier. 16 (d) FINANCIAL PROTECTION OF GOVERNMENT.— 17 (1) IN GENERAL.—To the extent to which any 18 participating air carrier accepts financial assistance, 19 in the form of accepting the proceeds of any loans 20 guaranteed by the government under this title, the 21 President is authorized to enter into contracts under 22 which the Government, contingent on the financial 23 success of the participating corporation, participate 24 in the gains of the participating corporation or its 25 security holders through the use of such instruments L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00759 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 760 1 as warrants, stock options, common or preferred 2 stock, or other appropriate equity instruments. 3 (2) DEPOSITS IN TREASURY.—All amounts col- 4 lected by the President under this subsection shall 5 be deposited in the Treasury as miscellaneous re- 6 ceipts. 7 (e) AIR CARRIER MAINTENANCE OUTSOURCING.— 8 (1) IN GENERAL.—A passenger air carrier re- 9 ceiving assistance under section 101 may not apply 10 the proceeds of such assistance toward a contract for 11 heavy maintenance work at a facility located outside 12 of the United States if such contract would increase 13 the proportion of maintenance work performed out- 14 side of the United States to all maintenance work 15 performed by or on behalf of such air carrier at any 16 location. 17 (2) DEFINITION.—In this section, the term 18 ‘‘heavy maintenance work’’ has the meaning given 19 the term in section 44733(g)(1) of title 49, United 20 States Code. 21 SEC. 104. REPORTS. 22 (a) REPORT.—Not later than October 1, 2020, the 23 President shall submit to the Committee on Transpor24 tation and Infrastructure of the House of Representatives 25 and the Committee on Commerce, Science, and Transpor- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00760 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 761 1 tation of the Senate a report on the financial status of 2 the air carrier industry, including a description of each 3 grant or loan issued under section 101. 4 (b) UPDATE.—Not later than the last day of the 1- 5 year period following the date of enactment of this Act, 6 the President shall update and submit to the Committee 7 on Transportation and Infrastructure of the House of 8 Representatives and the Committee on Commerce, 9 Science, and Transportation of the Senate the report de10 scribed in subsection (a). 11 SEC. 105. COORDINATION. 12 In implementing this title with respect to air carriers, 13 the Secretary shall coordinate with the Secretary of 14 Transportation. TITLE II—LABOR PROTECTIONS 15 16 SEC. 201. ASSISTANCE IRRESPECTIVE OF LABOR COSTS. 17 The President, or any department, agency, or actor 18 of the Federal government, may not condition the provi19 sion of any financial assistance under section 101(a) of 20 this ødivision¿ or section 13 of the Federal Reserve Act 21 (12 U.S.C. 261 et seq.) on an air carrier’s implementation 22 of measures to reduce labor costs or to enter into negotia23 tions with the certified bargaining representative of a craft 24 or class of employees of the air carrier under section 2 L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00761 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 762 1 of the Railway Labor Act (45 U.S.C. 152) regarding pay 2 or other terms and conditions of employment. 3 SEC. 202. COLLECTIVE BARGAINING AND SNAP-BACK. 4 (a) IN GENERAL.—Notwithstanding any other provi- 5 sion of law, any contractual relief or reduction to rates 6 of pay, rules, and working conditions agreed to by the au7 thorized representatives of the employees of an air carrier, 8 or otherwise imposed on such employees, during or as re9 sult of the pandemic of the coronavirus COVID–19 by an 10 air carrier that receives financial assistance under section 11 101 shall be terminated within 6 months, unless the au12 thorized representatives of the employees choose to make 13 an alternative agreement with the air carrier. 14 15 (b) DEFINITION TIVE.—In OF AUTHORIZED REPRESENTA- this section, the term ‘‘authorized representa- 16 tive’’ means an exclusive representative of employees with17 in the meaning of section of the Railway Labor Act (45 18 U.S.C. 152). 19 SEC. 203. PROTECTION OF ORGANIZING ACTIVITY. 20 A person receiving financial assistance under section 21 101 shall remain neutral in any communications with em22 ployees with respect to any efforts of an employee to orga23 nize, recruit, or assist in the organizing a labor organiza24 tion. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00762 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 763 1 SEC. 204. WORKING AND TRAVEL CONDITIONS. 2 A person receiving financial assistance under section 3 101 shall adhere to guidance published by the Centers for 4 Disease Control and Prevention and applicable public 5 health authorities for the duration of the national emer6 gency declared by the President under the National Emer7 gencies Act (50 U.S.C. 1601 et seq.) related to the pan8 demic of the coronavirus COVID–19 for providing safe 9 conditions for employees and passengers, including pro10 viding employees with adequate and sufficient personal 11 protective equipment and ensuring all aircraft and facili12 ties owned or operated by such air carrier are clean and 13 sanitary. 14 SEC. 205. LABOR UNION REPRESENTATION ON AIR CAR- 15 RIER BOARDS. 16 An air carrier receiving financial assistance under 17 section 101 shall designate at least one seat on the air 18 carrier’s board of directors for an individual who is a 19 member or officer of a labor organization representing air 20 carrier employees, with such individual to be named by 21 such organization. 22 SEC. 206. FURLOUGHED WORKER PROTECTIONS. 23 An air carrier receiving financial assistance under 24 section 101 shall take such action as is necessary to ensure 25 that, with respect to the national emergency declared by 26 the President under the National Emergencies Act (50 L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00763 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 764 1 U.S.C. 1601 et seq.) related to the pandemic of the 2 coronavirus COVID–19— 3 (1) if an employee of such air carrier was pro- 4 vided health insurance benefits or other welfare ben- 5 efits described in subparagraph (A) or (B) of section 6 3(1) of the Employee Retirement Income Security 7 Act of 1974 (29 U.S.C. 1002(1)) from the air car- 8 rier prior to such emergency, such employee shall re- 9 tain such benefits at an equivalent rate for the dura- 10 tion of such emergency; 11 (2) employees of such air carrier are credited 12 any furlough time taken as a result of the pandemic 13 for years of service for purposes of any employee 14 benefit plan (as defined in section 3(3) of the Em- 15 ployee Retirement Income Security Act of 1974 (29 16 U.S.C. 1002(3)) with respect to which the employee 17 is a participant; and 18 (3) an employee of such air carrier who is vol- 19 untarily or involuntarily furloughed as a result of 20 the national emergency declared by the President 21 under the National Emergencies Act (50 U.S.C. 22 1601 et seq.) related to the pandemic of the 23 coronavirus COVID–19 may, upon reemployment or 24 recall to such air carrier, be entitled to the following 25 benefits under an employee pension benefit plan that L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00764 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 765 1 such employee would have received if the employee 2 had remained continuously employed with the air 3 carrier, similar to benefit rights under subchapter II 4 of chapter 43 of title 38, United States Code: 5 (A) An employee shall be treated as not 6 having incurred a break in service with the em- 7 ployer or employers maintaining the plan by 8 reason of the furlough. 9 (B) The period of furlough shall be deemed 10 to constitute service with the employer or em- 11 ployers maintaining the plan for purposes of 12 vesting, participation, and determining the em- 13 ployee’s benefit accruals. 14 (C) An employee shall be entitled to make- 15 up missed employee contributions or elective de- 16 ferrals that could have been made to a qualified 17 defined contribution plan during the period of 18 furlough. Makeup contributions under this 19 paragraph may be made during the period be- 20 ginning on the date of recall and whose dura- 21 tion is three times the period of the furlough, 22 such payment period not to exceed 5 years. 23 (D) The employer reemploying or recalling 24 such employee shall contribute all employer con- 25 tributions that the employer would have made L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00765 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 766 1 on behalf of such employee to qualified defined 2 contribution plans, including plans commonly 3 known as 401(k) plans, if the employee had re- 4 mained continuously employed. 5 (E) If employer contributions to a plan are 6 contingent on the employee making an employee 7 contribution or elective deferral, the employer 8 contribution is required only to the extent the 9 employee makes the payment to the plan with 10 respect to such contributions or deferrals. No 11 such payment may exceed the amount the em- 12 ployee would have been permitted or required to 13 contribute had the employee remained continu- 14 ously employed by the employer throughout the 15 period of service. Any payment to the plan de- 16 scribed in this paragraph shall be made during 17 the period beginning on the date of recall and 18 whose duration is three times the period of the 19 person’s furlough, such payment period not to 20 exceed 5 years. 21 SEC. 207. HEALTHCARE FOR UNPROTECTED WORKERS. 22 (a) IN GENERAL.—The Secretary may not provide 23 any financial assistance under this Act to an air carrier 24 unless the air carrier enters into a legally binding agree25 ment with the Secretary that the air carrier will provide, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00766 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 767 1 and will require any contractor, subcontractor, or affiliate 2 of the air carrier, including any contractor, subcontractor, 3 or affiliate that performs airline catering services, to pro4 vide, to all employees, including airline catering employees, 5 health insurance benefits equal to or greater than the 6 hourly health and welfare fringe benefit rate published by 7 the Department of Labor pursuant to the McNamara8 O’Hara Service Contract Act of 1965 (41 U.S.C. 6710– 9 6707) and section 4.52 of title 29, Code of Federal Regu10 lations, for all hours worked by each such employee. 11 (b) EFFECTIVE PERIOD.—Subsection (a) shall apply 12 to an air carrier receiving assistance under section 101 13 for the 5-year period beginning on the date on which such 14 assistance was awarded. 15 (c) DEFINITIONS.— 16 (1) AIRLINE CATERING EMPLOYEE.—The term 17 ‘‘airline catering employee’’ means an employee who 18 performs airline catering services. 19 (2) AIRLINE CATERING SERVICES.—The term 20 ‘‘airline catering services’’ means preparation, as- 21 sembly, or both, of food, beverages, provisions and 22 related supplies for delivery, and the delivery of such 23 items, directly to aircraft or to a location on or near 24 airport property for subsequent delivery to aircraft. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00767 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 768 1 SEC. 208. EMPLOYEE WAGES AND LEAVE. 2 (a) WAGES.—Section 6 of the Fair Labor Standards 3 Act of 1938 (29 U.S.C. 206) is amended by adding at 4 the end the following: 5 6 ‘‘(h) EMPLOYEES PAYER IN INDUSTRIES SAVED WITH TAX- DOLLARS.— 7 ‘‘(1) IN GENERAL.—Notwithstanding any other 8 provision of law, subject to the requirements of this 9 subsection, the wage rate in effect under section 10 (a)(1) with respect to an employee of an employer 11 described in paragraph (2), or any individual who 12 provides labor or services for remuneration for such 13 employer, regardless of whether the individual is 14 classified as an independent contractor or otherwise 15 by such employer, shall be not less than $15.00 per 16 hour. 17 ‘‘(2) EMPLOYER.—An employer described in 18 this paragraph is an employer who— 19 ‘‘(A) receives financial assistance under 20 section 101 of the Emergency Pension Plan Re- 21 lief Act of 2020; or 22 ‘‘(B) who provides goods or services under 23 a contract to an employer who receives financial 24 assistance under such section. 25 ‘‘(3) TREATMENT 26 OF NON-EMPLOYEES.—An in- dividual who provides labor or services for remunera- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00768 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 769 1 tion to an employer as described in paragraph (1) 2 shall be treated as an employee for the purposes of 3 sections 10 through 17 of this Act. 4 ‘‘(4) PERIOD OF APPLICATION.—This sub- 5 section shall apply to an employer described in para- 6 graph (2) for the 10-year period beginning on the 7 date such assistance was awarded.’’. 8 (b) BENEFITS AND LEAVE.— Notwithstanding any 9 other provision of law, an air carrier receiving financial 10 assistance under section 101 shall, for the duration of the 11 national emergency declared by the President under the 12 National Emergencies Act (50 U.S.C. 1601 et seq.) re13 lated to the pandemic of the coronavirus COVID–19— 14 (1) satisfy all funding obligations under part 3 15 of title I of the Employee Retirement Income Secu- 16 rity Act of 1974 (29 U.S.C. 1081 et seq.) with re- 17 spect to each plan to which such part applies and to 18 which the air carrier is obligated to contribute for 19 plan years beginning or ending during the duration 20 of such emergency; 21 (2) provide employees with a guaranteed wage 22 for every workweek that provides each employee con- 23 tinued payments in the amount of 100 percent of 24 the employee’s full wages and for the employee’s 25 total expected hours per workweek in the event that L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00769 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 770 1 the employee is terminated, furloughed, experiences 2 a reduction in work hours, or otherwise suffers any 3 loss of such wages during such period; and 4 (3) provide paid medical or sick leave and paid 5 family leave to encourage employees who are diag- 6 nosed with or experiencing symptoms of COVID–19 7 or are under quarantine relating to the coronavirus 8 pandemic, or caring for a dependent or any indi- 9 vidual experiencing such symptoms or under such a 10 11 quarantine. SEC. 209. LIMITATION ON REJECTION OF COLLECTIVE BAR- 12 GAINING AGREEMENTS. 13 (a) DEFINITIONS.— 14 (1) COVERED AIR CARRIER.—The term ‘‘cov- 15 ered air carrier’’ means an air carrier that receives 16 Federal financial assistance. 17 (2) COVERED PERIOD.—The term ‘‘covered pe- 18 riod’’, with respect to a covered air carrier, means 19 the period— 20 (A) beginning on the date on which the 21 covered air carrier first receives Federal finan- 22 cial assistance; and 23 (B) ending on the date that is 10 years 24 after the date on which the covered air carrier 25 last receives Federal financial assistance. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00770 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 771 1 (3) DEBTOR IN POSSESSION.—The term ‘‘debt- 2 or in possession’’ has the meaning given such term 3 in section 1101 of title 11, United States Code. 4 (4) FEDERAL FINANCIAL ASSISTANCE.—The 5 term ‘‘Federal financial assistance’’ means financial 6 assistance or a credit instrument received from the 7 Federal Government under this Act. 8 (5) TRUSTEE.—The term ‘‘trustee’’ means a 9 trustee appointed in a case commenced by, or com- 10 menced against, a covered air carrier under title 11, 11 United States Code. 12 (b) LIMITATION.—If a covered air carrier commences 13 a case or if an involuntary case is commenced against a 14 covered air carrier under title 11, United States Code, 15 during the covered period with respect to the covered air 16 carrier, the covered air carrier, the debtor in possession, 17 or the trustee may not seek a rejection of, or interim relief 18 from, a collective bargaining agreement under— 19 (1) section 1113 of title 11, United States 20 Code; or 21 22 (2) any other provision of law. SEC. 210. INCREASED WAGE PRIORITY. 23 Section 507(a) of title 11, United States Code, is 24 amended— 25 (1) in paragraph (4)— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00771 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 772 1 (A) by redesignating subparagraphs (A) 2 and (B) as clauses (i) and (ii), respectively; 3 (B) in the matter preceding clause (i), as 4 so redesignated, by inserting ‘‘(A)’’ before 5 ‘‘Fourth’’; 6 (C) in subparagraph (A), as so designated, 7 in the matter preceding clause (i), as so redes- 8 ignated— 9 (i) by striking ‘‘$10,000’’ and insert- 10 ing ‘‘$20,000’’; 11 (ii) by striking ‘‘within 180 days’’; 12 and 13 (iii) by striking ‘‘or the date of the 14 cessation of the debtor’s business, which- 15 ever occurs first,’’; and 16 (D) by adding at the end the following: 17 ‘‘(B) Severance pay described in subpara- 18 graph(A)(i) shall be deemed earned in full upon 19 the layoff or termination of employment of the 20 individual to whom the severance is owed.’’; 21 (2) in paragraph (5)— 22 (A) in subparagraph (A)— 23 (i) by striking ‘‘within 180 days’’; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00772 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 773 1 (ii) by striking ‘‘or the date of the 2 cessation of the debtor’s business, which- 3 ever occurs first’’; and 4 (B) by striking subparagraph (B) and in- 5 serting the following: 6 ‘‘(B) for each such plan, to the extent of 7 the number of employees covered by each such 8 plan, multiplied by $20,000.’’. 9 SEC. 211. REJECTION OF COLLECTIVE BARGAINING AGREE- 10 MENTS. 11 (a) IN GENERAL.—Section 1113 of title 11, United 12 States Code, is amended by striking subsections (a) 13 through (f) and inserting the following: 14 ‘‘(a) The debtor in possession, or the trustee if one 15 has been appointed under this chapter, other than a trust16 ee in a case covered by subchapter IV of this chapter and 17 by title I of the Railway Labor Act (45 U.S.C. 151 et 18 seq.), may reject a collective bargaining agreement only 19 in accordance with this section. In this section, a reference 20 to the trustee includes the debtor in possession. 21 ‘‘(b) No provision of this title shall be construed to 22 permit the trustee to unilaterally terminate or alter any 23 provision of a collective bargaining agreement before com24 plying with this section. The trustee shall timely pay all 25 monetary obligations arising under the terms of the collec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00773 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 774 1 tive bargaining agreement. Any such payment required to 2 be made before a plan confirmed under section 1129 is 3 effective has the status of an allowed administrative ex4 pense under section 503. 5 ‘‘(c)(1) If the trustee seeks modification of a collec- 6 tive bargaining agreement, the trustee shall provide notice 7 to the labor organization representing the employees cov8 ered by the collective bargaining agreement that modifica9 tions are being proposed under this section, and shall 10 promptly provide an initial proposal for modifications to 11 the collective bargaining agreement. Thereafter, the trust12 ee shall confer in good faith with the labor organization, 13 at reasonable times and for a reasonable period in light 14 of the complexity of the case, in attempting to reach mutu15 ally acceptable modifications of the collective bargaining 16 agreement. 17 ‘‘(2) The initial proposal and subsequent pro- 18 posals by the trustee for modification of a collective 19 bargaining agreement shall be based upon a business 20 plan for the reorganization of the debtor, and shall 21 reflect the most complete and reliable information 22 available. The trustee shall provide to the labor or- 23 ganization all information that is relevant for nego- 24 tiations. The court may enter a protective order to 25 prevent the disclosure of information if disclosure L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00774 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 775 1 could compromise the position of the debtor with re- 2 spect to the competitors in the industry of the debt- 3 or, subject to the needs of the labor organization to 4 evaluate the proposals of the trustee and any appli- 5 cation for rejection of the collective bargaining 6 agreement or for interim relief pursuant to this sec- 7 tion. 8 ‘‘(3) In consideration of Federal policy encour- 9 aging the practice and process of collective bar- 10 gaining and in recognition of the bargained-for ex- 11 pectations of the employees covered by the collective 12 bargaining agreement, modifications proposed by the 13 trustee— 14 ‘‘(A) shall be proposed only as part of a 15 program of workforce and nonworkforce cost 16 savings devised for the reorganization of the 17 debtor, including savings in management per- 18 sonnel costs; 19 ‘‘(B) shall be limited to modifications de- 20 signed to achieve a specified aggregate financial 21 contribution for the employees covered by the 22 collective bargaining agreement (taking into 23 consideration any labor cost savings negotiated 24 within the 12-month period before the filing of 25 the petition), and shall be not more than the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00775 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 776 1 minimum savings essential to permit the debtor 2 to exit bankruptcy, such that confirmation of a 3 plan of reorganization is not likely to be fol- 4 lowed by the liquidation, or the need for further 5 financial reorganization, of the debtor (or any 6 successor to the debtor) in the short term; and 7 ‘‘(C) shall not be disproportionate or overly 8 burden the employees covered by the collective 9 bargaining agreement, either in the amount of 10 the cost savings sought from such employees or 11 the nature of the modifications. 12 ‘‘(d)(1) If, after a period of negotiations, the trustee 13 and the labor organization have not reached an agreement 14 over mutually satisfactory modifications, and further ne15 gotiations are not likely to produce mutually satisfactory 16 modifications, the trustee may file a motion seeking rejec17 tion of the collective bargaining agreement after notice 18 and a hearing. Absent agreement of the parties, no such 19 hearing shall be held before the expiration of the 21-day 20 period beginning on the date on which notice of the hear21 ing is provided to the labor organization representing the 22 employees covered by the collective bargaining agreement. 23 Only the debtor and the labor organization may appear 24 and be heard at such hearing. An application for rejection L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00776 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 777 1 shall seek rejection effective upon the entry of an order 2 granting the relief. 3 ‘‘(2) In consideration of Federal policy encour- 4 aging the practice and process of collective bar- 5 gaining and in recognition of the bargained-for ex- 6 pectations of the employees covered by the collective 7 bargaining agreement, the court may grant a motion 8 seeking rejection of a collective bargaining agree- 9 ment only if, based on clear and convincing evi- 10 dence— 11 ‘‘(A) the court finds that the trustee has 12 complied with the requirements of subsection 13 (c); 14 ‘‘(B) the court has considered alternative 15 proposals by the labor organization and has 16 concluded that such proposals do not meet the 17 requirements of subsection (c)(3)(B); 18 ‘‘(C) the court finds that further negotia- 19 tions regarding the proposal of the trustee or 20 an alternative proposal by the labor organiza- 21 tion are not likely to produce an agreement; 22 ‘‘(D) the court finds that implementation 23 of the proposal of the trustee shall not— 24 ‘‘(i) cause a material diminution in 25 the purchasing power of the employees cov- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00777 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 778 1 ered by the collective bargaining agree- 2 ment; 3 ‘‘(ii) adversely affect the ability of the 4 debtor to retain an experienced and quali- 5 fied workforce; or 6 ‘‘(iii) impair the labor relations of the 7 debtor such that the ability to achieve a 8 feasible reorganization would be com- 9 promised; and 10 ‘‘(E) the court concludes that rejection of 11 the collective bargaining agreement and imme- 12 diate implementation of the proposal of the 13 trustee is essential to permit the debtor to exit 14 bankruptcy, such that confirmation of a plan of 15 reorganization is not likely to be followed by liq- 16 uidation, or the need for further financial reor- 17 ganization, of the debtor (or any successor to 18 the debtor) in the short term. 19 ‘‘(3) If the trustee has implemented a program 20 of incentive pay, bonuses, or other financial returns 21 for insiders, senior executive officers, or the twenty 22 next most highly compensated employees or consult- 23 ants providing services to the debtor during the 24 bankruptcy, or such a program was implemented 25 within 180 days before the date of the filing of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00778 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 779 1 petition, the court shall presume that the trustee has 2 failed to satisfy the requirements of subsection 3 (c)(3)(C). 4 ‘‘(4) In no case shall the court enter an order 5 rejecting a collective bargaining agreement that 6 would result in modifications to a level lower than 7 the level proposed by the trustee in the proposal 8 found by the court to have complied with the re- 9 quirements of this section. 10 ‘‘(5) At any time after the date on which an 11 order rejecting a collective bargaining agreement is 12 entered, or in the case of a collective bargaining 13 agreement entered into between the trustee and the 14 labor organization providing mutually satisfactory 15 modifications, at any time after that collective bar- 16 gaining agreement has been entered into, the labor 17 organization may apply to the court for an order 18 seeking an increase in the level of wages or benefits, 19 or relief from working conditions, based upon 20 changed circumstances. The court shall grant the re- 21 quest only if the increase or other relief is not incon- 22 sistent with the standard set forth in paragraph 23 (2)(E). 24 ‘‘(e) During a period during which a collective bar- 25 gaining agreement at issue under this section continues L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00779 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 780 1 in effect and a motion for rejection of the collective bar2 gaining agreement has been filed, if essential to the con3 tinuation of the business of the debtor or in order to avoid 4 irreparable damage to the estate, the court, after notice 5 and a hearing, may authorize the trustee to implement 6 interim changes in the terms, conditions, wages, benefits, 7 or work rules provided by the collective bargaining agree8 ment. Any hearing under this subsection shall be sched9 uled in accordance with the needs of the trustee. The im10 plementation of such interim changes shall not render the 11 application for rejection moot and may be authorized for 12 not more than 14 days in total. 13 ‘‘(f)(1) Rejection of a collective bargaining agreement 14 constitutes a breach of the collective bargaining agree15 ment, and shall be effective no earlier than the entry of 16 an order granting such relief. 17 ‘‘(2) Notwithstanding paragraph (1), solely for 18 purposes of determining and allowing a claim arising 19 from the rejection of a collective bargaining agree- 20 ment, rejection shall be treated as rejection of an ex- 21 ecutory contract under section 365(g) and shall be 22 allowed or disallowed in accordance with section 23 502(g)(1). No claim for rejection damages shall be 24 limited by section 502(b)(7). Economic self-help by 25 a labor organization shall be permitted upon a court L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00780 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 781 1 order granting a motion to reject a collective bar- 2 gaining agreement under subsection (d) or pursuant 3 to subsection (e), and no provision of this title or of 4 any other provision of Federal or State law may be 5 construed to the contrary. 6 ‘‘(g) The trustee shall provide for the reasonable fees 7 and costs incurred by a labor organization under this sec8 tion, upon request and after notice and a hearing. 9 ‘‘(h) A collective bargaining agreement that is as- 10 sumed shall be assumed in accordance with section 365.’’. 11 (b) PROHIBITION ON MODIFICATION OF RETIREE 12 BENEFITS.—Section 1114 of title 11, United States Code, 13 is further amended by adding at the end the following: 14 ‘‘(n) Notwithstanding any other provision in this title, 15 the trustee may not modify retiree benefits if the debtor 16 is an air carrier, as such term is defined in section 40102 17 of title 49, United States Code, or an affiliate of such air 18 carrier, that received assistance under the Emergency 19 Pension Plan Relief Act of 2020.’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00781 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 782 2 TITLE III—AIRLINE INDUSTRY FINANCIAL OVERSIGHT 3 SEC. 301. CREATION OF OFFICE OF AIRLINE INDUSTRY FI- 1 4 NANCIAL OVERSIGHT. 5 (a) IN GENERAL.—There is hereby established, with- 6 in the Office of the Secretary of Transportation, the Office 7 of Airline Industry Financial Oversight. 8 (b) DIRECTOR OF OFFICE.—The office established 9 under this section shall be headed by a Director, who shall 10 be a career employee of the Department of Transportation 11 and selected on the basis of such individual’s knowledge 12 of financial markets, airline operations, and finance, and 13 such other qualifications as the Secretary considers rel14 evant. 15 SEC. 302. RESPONSIBILITIES OF OFFICE OF AIRLINE IN- 16 DUSTRY FINANCIAL OVERSIGHT. 17 The Director of the Office of Airline Industry Finan- 18 cial Oversight shall— 19 (1) assess, not less than once every 12 months, 20 the financial fitness of each passenger air carrier 21 conducting operations under part 121 of title 14, 22 Code of Federal Regulations; 23 (2) determine and prescribe minimum capital 24 and funding requirements for each such air carrier 25 to ensure that no air carrier would be reasonably L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00782 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 783 1 likely to become insolvent as the result of a substan- 2 tial reduction in demand for air travel following the 3 occurrence of a terror attack, pandemic, or other na- 4 tional or global event that reduces economic activity; 5 (3) require each such air carrier to conduct an 6 annual stress test to determine the extent of finan- 7 cial stress that the air carrier can withstand before 8 becoming financially insolvent, using at least 3 sets 9 of assumptions regarding the severity of financial 10 stress and to report the results of such test to the 11 Office for analysis; 12 (4) based on an analysis of the stress tests per- 13 formed under paragraph (3), annually adjust the 14 minimum capital and funding requirements imposed 15 under paragraph (2); and 16 (5) impose such other requirements, including 17 through the issuance of regulations, as the director 18 determines necessary to ensure the continued oper- 19 ations of air carriers despite an event described in 20 paragraph (2). 21 SEC. 303. ACCESS TO INFORMATION. 22 (a) IN GENERAL.—In discharging the responsibilities 23 enumerated in section 302, the director or employees of 24 the office may inspect such financial records in an air car- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00783 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 784 1 rier’s possession as the director or employees of the office 2 deem appropriate. 3 (b) PROTECTION OF TRADE SECRETS.—The Director 4 and employees of the Office of Airline Industry Financial 5 Oversight shall protect, from public disclosure, any mate6 rial containing trade secrets in the Office’s custody, in ac7 cordance with section 1905 of title 18, United States 8 Code. 9 SEC. 304. REPORTS TO CONGRESS. 10 Not later than February 1 of each calendar year, the 11 Director of the office established under section 301 shall 12 submit to the Committee on Transportation and Infra13 structure of the House of Representatives and the Com14 mittee on Commerce, Science, and Transportation of the 15 Senate a report describing each action taken under section 16 302 during the preceding calendar year. 17 SEC. 305. RULEMAKING AUTHORITY. 18 The Secretary may issue such regulations as the Sec- 19 retary determines are necessary to implement the require20 ments of this title. 21 SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 22 There is authorized to be appropriated to the Sec- 23 retary of Transportation $3,000,000 for each of fiscal 24 years 2020 through 2023 to carry out this title to remain 25 available until expended. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00784 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 785 1 TITLE IV—AIRPORT RELIEF 2 SEC. 401. EMERGENCY PANDEMIC FUNDING FOR AIR- 3 PORTS. 4 (a) IN GENERAL.—There is authorized to be appro- 5 priated, from the General Fund of the Treasury, 6 $10,000,000,000 for the Secretary of Transportation to 7 issue grants to airport sponsors for the purposes of emer8 gency response, cleaning, sanitization, janitorial services, 9 staffing, workforce retention, paid leave, procurement of 10 protective health equipment and training for employees 11 and contractors, debt service payments, infrastructure 12 projects and airport operations. 13 (b) METHODOLOGY FOR DISBURSEMENT.—Funds 14 shall be apportioned as set forth in clauses (i) and (ii) 15 of section 47114(c)(1)(C) of title 49, United States Code, 16 and there shall be no maximum apportionment limit. 17 Funds provided under this section shall not be subject to 18 reduced apportionment under section 47114(f) of such 19 title. Any remaining funds shall be distributed to sponsors 20 based on each airport’s passenger enplanements compared 21 to total passenger enplanements of all airports, for the 22 most recent calendar year the Secretary apportioned funds 23 pursuant to section 47114(c). 24 (c) HIGH-NEED AIRPORTS.—The Secretary shall set 25 aside 2 percent of the remaining funds described in subL:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00785 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 786 1 section (b) to provide grants to commercial service air2 ports or general aviation airports that demonstrate the 3 highest financial need. 4 (d) WORKFORCE RETENTION.— 5 (1) IN GENERAL.—Except as otherwise pro- 6 vided in this subsection, all airports receiving funds 7 under subsection (a) shall continue to employ, 8 through December 31, 2020, at least 90 percent of 9 the number of individuals employed by the airport as 10 of the date of enactment of this Act. 11 (2) WAIVER.—The Secretary may waive the 12 workforce retention requirement under this sub- 13 section 120 days after the date of enactment of this 14 Act if the Secretary determines— 15 (A) the airport is experiencing economic 16 hardship as a direct result of the requirement; 17 or 18 (B) the requirement reduces aviation safe- 19 ty or security. 20 (3) SMALL AIRPORTS.—This subsection shall 21 not apply to nonhub airports or nonprimary airports 22 receiving funds under subsection (c). 23 (e) RELIEF TO AIRPORT CONCESSIONS.—An airport 24 sponsor must use at least 2 percent of any funds received 25 under subsection (a) to provide financial relief to airport L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00786 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 787 1 concessionaires experiencing economic hardship (in terms 2 of rent, minimum annual guarantees, lease obligations, or 3 other fees). With respect to funds under this subsection, 4 airport sponsors must show good faith efforts to provide 5 relief to small business concerns owned and controlled by 6 socially and economically disadvantaged businesses, as 7 such term is defined under section 47113 of title 49, 8 United States Code. 9 (f) COST SHARE.—The Federal share payable of the 10 costs for which a grant is made under this section or under 11 the Consolidated Appropriations Act, 2020 (Public Law 12 116–94) shall be 100 percent. 13 (g) QUALITY ASSURANCE.—The Secretary shall insti- 14 tute adequate policies, procedures and internal controls to 15 prevent waste, fraud, abuse and program mismanagement 16 for the distribution of funds under this section. 17 (h) AVAILABILITY.—Sums authorized to be appro- 18 priated under this sections shall remain available for 3 fis19 cal years. 20 (i) LIMITATIONS.—The funds made available under 21 this section shall not be subject to any limitation on obli22 gations set forth in an appropriations Act as applied to 23 the heading ‘‘Grants-in-Aid for Airports’’. 24 (j) ADMINISTRATIVE COSTS.—The Secretary may re- 25 tain up to 0.1 percent of the funds provided under this L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00787 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 788 1 section to fund the award and oversight of grants made 2 under this heading. 3 (k) DEFINITIONS.—In this section: 4 (1) AIRPORT CONCESSION.—the term ‘‘airport 5 concession’’ means a business, other than air carrier, 6 located on an airport that is engaged in the sale of 7 consumer goods or services to the public under an 8 agreement with an airport, another concessionaire, 9 or the owner or lessee of a terminal. 10 (2) AIRPORT; GENERAL AVIATION AIRPORT; 11 NONHUB AIRPORT; SPONSOR.—The 12 ‘‘general aviation airport’’, ‘‘nonhub airport’’, and 13 ‘‘sponsor’’ have the meanings given those terms in 14 section 47102 of title 49, United States Code. 15 (3) COMMERCIAL terms ‘‘airport’’, SERVICE AIRPORT.—The term 16 ‘‘commercial service airport’’ means a public use air- 17 port that reported at least 2500 passenger boardings 18 at such airport during fiscal year 2018. 19 SEC. 402. MAINTAINING PRE-CRISIS AIRPORT IMPROVE- 20 MENT PROGRAM LEVELS. 21 Section 47114(c)(1) of title 49, United States Code, 22 is amended by adding at the end the following: 23 ‘‘(J) SPECIAL RULE FOR FISCAL YEARS 24 2021 25 paragraph (A), the Secretary shall apportion to THROUGH 2023.—Notwithstanding sub- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00788 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 789 1 a sponsor of an airport under that subpara- 2 graph for each of fiscal years 2021 through 3 2023 an amount based on the number of pas- 4 senger boardings at the airport during calendar 5 year 2018 if the number of passenger boardings 6 at the airport during calendar year 2018 are 7 higher than the number of passenger boardings 8 that would be otherwise calculated under sub- 9 paragraph (A).’’. 10 SEC. 403. NATIONAL AVIATION PREPAREDNESS PLAN. 11 (a) IN GENERAL.—The Secretary of Transportation, 12 in coordination with the Secretary of Health and Human 13 Services, the Secretary of Homeland Security and other 14 appropriate stakeholders, shall develop a national aviation 15 preparedness plan for communicable disease outbreaks. 16 (b) CONTENTS OF PLAN.—A plan developed under 17 subsection (a) shall, at a minimum— 18 (1) require involvement from multiple airports 19 on a national level; 20 (2) provide airports and air carriers with an 21 adaptable and scalable framework with which to 22 align their individual plans; 23 (3) improve coordination among airports, air 24 carriers, Customs and Border Patrol, the Centers 25 for Disease Control and Prevention, and other ap- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00789 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 790 1 propriate Federal stakeholders on developing policies 2 that increase the effectiveness of screening, quaran- 3 tining, and contact-tracing with respect to inbound 4 passengers; and 5 (4) fully incorporate elements referenced in the 6 recommendation of the Comptroller General of the 7 United States to the Secretary of Transportation 8 contained in Report No. GAO 16–127. TITLE V—SMALL COMMUNITY AIR SERVICE 9 10 11 SEC. 501. CONTINUATION OF CERTAIN AIR SERVICE. 12 (a) ACTION OF SECRETARY.—The Secretary of 13 Transportation shall take appropriate action to ensure 14 that all communities that receive scheduled air service be15 fore March 1, 2020, continue to receive adequate air 16 transportation service and that essential air service to 17 small communities continues without interruption and in 18 a manner that maintains well-functioning heath care sup19 ply chains, including medical device, medical supplies, and 20 pharmaceutical supply chains. 21 (b) ANTITRUST IMMUNITY.—The Secretary may 22 grant an exemption under section 41308 of title 49, 23 United States Code, to 2 air carriers for the limited pur24 pose of such cooperation as is necessary to ensure that L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00790 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 791 1 small communities continue to receive an adequate level 2 of air transportation service. 3 SEC. 502. TOLLING OF EAS LIMITATIONS. 4 The Secretary may not order the termination of es- 5 sential air service on the basis of the applicable place fail6 ing to meet the definition of an eligible place under sub7 paragraph (B) or (C) of section 41731(a)(1) of title 49, 8 United States Code, if such community was otherwise an 9 eligible place as defined under section 41731 of such title 10 on March 1, 2020. 11 SEC. 503. SUNSET. 12 The requirements of this title, and any order issued 13 by the Secretary under this title, shall sunset on the day 14 that is 6 months after the last effective date of a national 15 emergency declared by the President under the National 16 Emergencies Act (50 U.S.C. 1601 et seq.) related to the 17 pandemic of the coronavirus COVID–19. 19 TITLE VI—CONSUMER PROTECTIONS 20 SEC. 601. AIRLINE PRICE GOUGING DURING DISASTER OR 18 21 EMERGENCY. 22 (a) IN GENERAL.—Section 41712 of title 49, United 23 States Code, is amended by adding at the end the fol24 lowing: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00791 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 792 1 2 ‘‘(d) AIRFARE PRICING ASTER OR 3 AND FEES DURING DIS- OTHER EMERGENCY.— ‘‘(1) IN GENERAL.—It shall be an unfair or de- 4 ceptive practice under subsection (a) for any ticket 5 agent, air carrier, foreign air carrier, or other person 6 selling or offering to sell a ticket for air transpor- 7 tation on a covered flight to— 8 ‘‘(A) impose any unreasonable increase in 9 the price of such ticket, as compared to the 10 ticket price in effect on the day on which a 11 flight becomes a covered flight; and 12 ‘‘(B) charge any fee for a change to, or 13 cancellation of, such ticket, or for any dif- 14 ference in fare for an itinerary change. 15 ‘‘(2) COVERED FLIGHT DEFINED.—In this sub- 16 section, the term ‘covered flight’ means a flight of 17 an air carrier or foreign air carrier departing from, 18 or arriving at, an airport located in an area with re- 19 spect to which— 20 ‘‘(A) a major disaster or emergency de- 21 clared by the President under the Robert T. 22 Stafford Disaster Relief and Emergency Assist- 23 ance Act (42 U.S.C. 5121 et seq.) is in effect 24 and State or local authorities have ordered a 25 mandatory evacuation; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00792 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 793 1 ‘‘(B) a public health emergency declared 2 pursuant to section 319 of the Public Health 3 Service Act (42 U.S.C. 247d) is in effect; 4 ‘‘(C) a national emergency declared by the 5 President under the National Emergencies Act 6 (50 U.S.C. 1601 et seq.) is in effect; or 7 ‘‘(D) a restriction on air travel is in effect, 8 including restrictions on non-essential air trans- 9 portation or nationwide bans imposed on air 10 transportation during a disaster, emergency, or 11 pandemic. 12 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub- 13 section, or the amendment made by this subsection, 14 may be construed to limit or otherwise affect any re- 15 sponsibility of any ticket agent, air carrier, or for- 16 eign air carrier or other person offering to sell a 17 ticket for air transportation during a major disaster 18 or emergency.’’. 19 SEC. 602. AIRLINE REFUNDS DURING NATIONAL DISASTERS 20 OR EMERGENCIES. 21 (a) IN GENERAL.—Not later than 30 days after the 22 date of enactment of this Act, the Secretary of Transpor23 tation shall require that any covered seller who sells a tick24 et for a passenger to take a covered flight, and either such 25 flight is cancelled by the air carrier or such ticket is can- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00793 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 794 1 celed by the passenger, such covered seller shall promptly 2 offer the passenger a choice of— 3 (1) a full monetary refund for such ticket, in- 4 cluding any ancillary fees paid; and 5 (2) an alternative compensation method deter- 6 mined appropriate by the covered seller, including 7 credit, voucher, or other mechanism to compensate 8 a passenger. 9 (b) CREDIT OR VOUCHER.—An alternative compensa- 10 tion method provided pursuant to subsection (a)(2) may 11 not expire for at least 1 year date of the covered flight. 12 (c) DEFINITIONS.—In this section, the following defi- 13 nitions apply: 14 (1) COVERED FLIGHT.—The term ‘‘covered 15 flight’’ has the meaning given to such term in sec- 16 tion 41712(d) of title 49, United States Code. 17 (2) COVERED SELLER.—The term ‘‘covered 18 seller’’ means a ticket agent, air carrier, foreign air 19 carrier, or other person offering to sell a ticket for 20 air transportation. 21 SEC. 603. CONDITIONS ON AIRLINE ANCILLARY FEES. 22 (a) IN GENERAL.—Not later than 90 days after the 23 date of enactment of this Act, the Secretary of Transpor24 tation shall require covered air carriers to report to the 25 Secretary of Transportation, not less than quarterly, all L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00794 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 795 1 ancillary revenues collected by the air carrier during the 2 quarter for which the report is provided. 3 (b) CONTENTS.—In implementing the requirement 4 under paragraph (1), the Secretary shall require reporting 5 of ancillary revenues from, at a minimum, the following 6 optional fees or charges: 7 (1) Booking fees, including fees for telephone 8 reservations. 9 (2) Fees for priority check-in and security 10 screening. 11 (3) Fees for the transportation of carry-on, first 12 checked, second checked, excess, and oversized or 13 overweight baggage. 14 (4) Fees for transportation of in-flight medical 15 equipment. 16 (5) Fees for in-flight entertainment, beverages, 17 and food. 18 (6) Fees for internet access. 19 (7) Fees for seating assignments. 20 (8) Fees for reservation cancellation and 21 change. 22 (9) Charges for lost tickets. 23 (10) Revenue from the sale of travel insurance 24 (11) Fees for unaccompanied minor and pas- 25 senger assistance. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00795 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 796 1 (12) Fees for pets. 2 (c) DEFINITIONS.—In this section, the following defi- 3 nitions apply: 4 (1) ANCILLARY REVENUES.—The term ‘‘ancil- 5 lary revenues’’ means charges paid by airline pas- 6 sengers that are not included in the standard ticket 7 fare. 8 (2) COVERED 9 (A) IN AIR CARRIER.— GENERAL.—The term ‘‘covered air 10 carrier’’ means an air carrier covered under 11 part 241 of title 14, Code of Federal Regula- 12 tions. 13 (B) EXCLUSION.—The term ‘‘covered air 14 carrier’’ excludes air carriers with annual reve- 15 nues of less than $20,000,000. 17 TITLE VII—ENVIRONMENTAL PROTECTIONS 18 SEC. 701. SUSTAINABLE AVIATION FUEL DEVELOPMENT 16 19 PROGRAM. 20 (a) IN GENERAL.—The Secretary of Transportation, 21 in consultation with the Department of Agriculture and 22 the Environmental Protection Agency, may make competi23 tive grants to eligible entities to offset the cost of a project 24 to develop, transport, or store sustainable aviation fuels L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00796 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 797 1 that would reduce United States greenhouse gas emis2 sions. 3 (b) SELECTION.—In making grants under subsection 4 (a), the Secretary shall consider— 5 (1) the anticipated public benefits of the 6 project; 7 (2) the potential to increase the commercial ap- 8 plication of sustainable aviation fuels among the 9 United States commercial aviation and aerospace in- 10 dustry; 11 (3) the potential greenhouse gases emitted from 12 the project; 13 (4) the potential for new job creation; and 14 (5) the potential the project has in reducing 15 United States greenhouse gas emissions associated 16 with air travel. 17 (c) AUTHORIZATION OF APPROPRIATIONS.—There 18 are authorized to be appropriated $200,000,000 for each 19 of the fiscal years 2021 through 2026 to carry out this 20 section. 21 (d) REPORT.—Not later than October 1, 2024, the 22 Secretary shall submit to the Committee on Commerce, 23 Science, and Transportation, the Committee on Environ24 ment and Public Works, and the Committee on Agri25 culture, Nutrition, and Forestry of the Senate, and the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00797 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 798 1 Committee on Transportation and Infrastructure, the 2 Committee on Energy and Commerce, and the Committee 3 on Agriculture of the House of Representatives, a report 4 describing the results of the grant program authorized by 5 this section. The report shall include the following: 6 (1) A description of the entities and projects 7 that received grants under this section. 8 (2) Description of whether the program is lead- 9 ing to an increase in commercial application of sus- 10 tainable aviation fuels by United States aviation and 11 aerospace industry stakeholders. 12 (3) The economic impacts resulting from the 13 grants to and operation of the project. 14 (e) ELIGIBILITY.—Entities eligible to receive a grant 15 under this section shall include State and local govern16 ments, nongovernmental entities, air carriers, airports, 17 and businesses engaged in the development, transpor18 tation, or storage of sustainable aviation fuels. 19 (f) DEFINITION OF SUSTAINABLE AVIATION FUEL.— 20 The term ‘‘sustainable aviation fuel’’ means liquid fuel 21 consisting of synthesized hydrocarbons which meets the 22 requirements of ASTM International Standard D7566 or 23 ASTM International Standard D1655, Annex A1, sub24 section A.1.2.2, and is derived from biomass (as defined 25 in section 45K(c)(3) of the Internal Revenue Code of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00798 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 799 1 1986), waste streams, or gaseous carbon oxides, conforms 2 to the standards, recommended practices and guidance 3 agreed to by the United States pursuant to the European 4 Union Emissions Trading Scheme Prohibition Act of 2011 5 (Public Law 112–200) for addressing aircraft emissions, 6 and achieves at least a 30 percent reduction in greenhouse 7 gas emissions on a lifecycle basis compared to conventional 8 jet fuel. 9 SEC. 702. AIRLINE ASSISTANCE TO RECYCLE AND SAVE 10 PROGRAM. 11 (a) ESTABLISHMENT.—Not later than 90 days after 12 the date of enactment of this Act, the Secretary shall es13 tablish and carry out a program, to be known as the ‘‘Air14 line Assistance to Recycle and Save Program’’, under 15 which the Secretary shall purchase high-polluting aircraft 16 from air carriers in exchange for commitments from such 17 air carriers to purchase fuel-efficient aircraft. 18 (b) APPLICATION.—To be eligible for the program es- 19 tablished under subsection (a), an air carrier shall submit 20 to the Secretary an application at such time, in such man21 ner, and containing such information as the Secretary may 22 require, including a description of an high-polluting air23 craft of the air carrier. 24 (c) PROGRAM REQUIREMENTS.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00799 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 800 1 (1) LIST OF ELIGIBLE AIRCRAFT.—In carrying 2 out the program established under subsection (a), 3 the Secretary, in consultation with the Adminis- 4 trator, shall prepare, maintain, publicize, and make 5 available through a publicly available website, lists of 6 aircraft that are— 7 (A) high-polluting aircraft; and 8 (B) fuel-efficient aircraft that are on the 9 market or in production. 10 (2) COMMITMENT REQUIREMENT.—In carrying 11 out the program established under subsection (a), 12 the Secretary shall issue such regulations as are nec- 13 essary to set requirements for the commitment to 14 purchase a fuel-efficient aircraft described in sub- 15 section (a), including a timing requirement for the 16 purchase of a fuel-efficient aircraft. 17 (d) USE OF PURCHASED AIRCRAFT.—Notwith- 18 standing any other provision of law, the Secretary may 19 sell, to an air carrier or eligible foreign air carrier, parts 20 or components of aircraft purchased under this division. 21 (e) REGULATIONS.—Not later than 30 days after the 22 date of enactment of this Act, the Secretary shall issue 23 such regulations as are necessary to carry out this section. 24 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 25 authorized to carry out the program established under this L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00800 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 801 1 section $1,000,000,000 and such sums shall remain avail2 able until expended. 3 (g) DEFINITIONS.—In this section: 4 (1) ADMINISTRATOR.—The term ‘‘Adminis- 5 trator’’ means the Administrator of the Environ- 6 mental Protection Agency. 7 (2) AIRCRAFT MANUFACTURER.—The term 8 ‘‘aircraft manufacturer’’ has the meaning given such 9 term in section 44301 of title 49, United States 10 Code. 11 (3) ELIGIBLE 12 (A) IN FOREIGN AIR CARRIER.— GENERAL.—The term ‘‘eligible for- 13 eign air carrier’’ means a foreign air carrier as 14 such term is defined in section 40102 of title 15 49, United States Code. 16 (B) EXCLUSION.—The term ‘‘eligible for- 17 eign air carrier’’ does not include a foreign air 18 carrier that— 19 (i) is domiciled in a country that is a 20 state sponsor of terrorism; or 21 (ii) has a majority ownership interest 22 of individuals or entities domiciled in a 23 country that is a state sponsor of ter- 24 rorism. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00801 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 802 1 (4) SECRETARY.—The term ‘‘Secretary’’ means 2 the Secretary of Transportation. 3 (5) STATE SPONSOR OF TERRORISM.—The term 4 ‘‘state sponsor of terrorism’’ means a country the 5 government of which the Secretary of State deter- 6 mines has repeatedly provided support for inter- 7 national terrorism pursuant to— 8 (A) section 1754(c)(1)(A) of the Export 9 Control Reform Act of 2018 (50 U.S.C. 10 4318(c)(1)(A)); 11 (B) section 620A of the Foreign Assistance 12 Act of 1961 (22 U.S.C. 2371); 13 (C) section 40 of the Arms Export Control 14 Act (22 U.S.C. 2780); or 15 16 (D) any other provision of law. SEC. 703. EXPANSION OF VOLUNTARY AIRPORT LOW EMIS- 17 SION PROGRAM. 18 Section 40117 of title 49, United States Code, is 19 amended— 20 (1) in subsection (a)(3)(G) by striking ‘‘if the 21 airport is located in an air quality nonattainment 22 area (as defined in section 171(2) of the Clean Air 23 Act (42 U.S.C. 7501(2)) or a maintenance area re- 24 ferred to in section 175A of such act (42 U.S.C. 25 7505a)’’; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00802 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 803 1 (2) in subsection (b) by adding at the end the 2 following: 3 ‘‘(8) PRIORITY OF PROJECTS.—In carrying out 4 this section, the Secretary shall prioritize funding 5 for airports in areas located in an air quality non- 6 attainment area (as defined in section 171(2) of the 7 Clean Air Act (42 U.S.C. 7501(2)) or a maintenance 8 area referred to in section 175A of such act (42 9 U.S.C. 7505a).’’. 10 SEC. 704. AIRLINE CARBON EMISSIONS OFFSETS AND 11 GOALS. 12 (a) CARBON OFFSETTING PROGRAM.— 13 (1) IN GENERAL.—Not later than 90 days after 14 the enactment of this Act, the Administrator of the 15 Federal Aviation Administration shall require each 16 air carrier receiving assistance under section 101, to 17 fully offset the annual carbon emissions of such air 18 carriers for domestic flights beginning in 2025. 19 (2) VERIFICATION.—In issuing regulations and 20 guidance to carry out to paragraph (1), the Admin- 21 istrator shall develop standards and practices to en- 22 sure the use of carbon offsets by air carriers are 23 real, additional, permanent, verifiable, and not dou- 24 ble counted and align with standards, recommended 25 practices, assessment tools, and guidance agreed to L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00803 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 804 1 by the United States pursuant to the European 2 Union Emissions Trading Scheme Prohibition Act of 3 2011 (Public Law 112–200) for addressing aircraft 4 emissions. 5 (3) AUDITING.—An air carrier covered under 6 this subsection shall take reasonable and continuous 7 measures to ensure any carbon offsets credited to, or 8 purchased by, such carrier continue to be accurate. 9 (4) CERTIFICATION.—The Administrator shall 10 annually certify that an air carrier’s carbon offset- 11 ting program aligns with the standards developed 12 pursuant to paragraph (2). 13 (b) CARBON EMISSIONS GOAL.— 14 (1) IN GENERAL.—The Administrator of the 15 Federal Aviation Administration shall require each 16 air carrier receiving assistance under section 101 17 to— 18 (A) make and achieve a binding commit- 19 ment to reduce the greenhouse gas emissions 20 attributable to the domestic flights of such air 21 carrier in every calendar year, beginning with 22 2021, on a path consistent with a 25 percent 23 reduction in the aviation sector’s emissions 24 from 2005 levels by 2035, and a 50 percent re- 25 duction in the sector’s emissions from 2005 lev- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00804 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 805 1 els by 2050, applying the standards, rec- 2 ommended practices, and guidance agreed to by 3 the United States pursuant to the European 4 Union Emissions Trading Scheme Prohibition 5 Act of 2011 (Public Law 112–200) for address- 6 ing aircraft emissions; and 7 (B) submit to the Administrator, annually, 8 a report containing a plan for meeting the com- 9 mitment described in subparagraph (A) and evi- 10 dence of compliance with such commitment, in- 11 cluding the annual emissions of the air carrier, 12 use of alternative fuels, and any other means of 13 implementing such commitment. 14 (2) CERTIFICATION.— 15 (A) IN GENERAL.—Not later than 5 years 16 after the date of enactment of this Act, and not 17 less frequently than every 5 years thereafter, 18 the Administrator shall certify each air carrier 19 covered under this subsection that is taking 20 such actions as are necessary to meet the re- 21 quirements established pursuant to paragraph 22 (1). 23 (B) REMEDIATION.—With respect to any 24 air carrier covered under this subsection that 25 the Administrator does not certify under sub- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00805 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 806 1 paragraph (A), the Administrator, in consulta- 2 tion with such air carrier, shall, not later than 3 180 days after the last date on which a certifi- 4 cation could have been made under such sub- 5 paragraph, develop a plan to ensure such air 6 carrier meets the requirements established pur- 7 suant to paragraph (1). 8 (3) 9 PUBLIC INFORMATION.—The Secretary shall make publicly available the reports described in 10 paragraph (1). 11 (4) LIMITATION.—Nothing in this subsection 12 shall affect or alter the authorities and responsibil- 13 ities to address greenhouse gases under any other 14 provision of law. 15 (c) INTERNATIONAL COMPETITIVENESS.—In issuing 16 regulations to carry out to subsection (b) and (c), the Ad17 ministrator shall create a mechanism that ensures foreign 18 air carriers that enter the national airspace system have 19 an equivalent emissions reductions target or programs 20 such that the United States airline industry is not at a 21 competitive disadvantage. 22 SEC. 705. RESEARCH AND DEVELOPMENT OF SUSTAINABLE 23 AVIATION FUELS. 24 There is authorized to be appropriated to the Federal 25 Aviation Administration $100,000,000 for each of fiscal L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00806 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 807 1 years 2021 through 2026 for research and development 2 of sustainable aviation fuels. 3 SEC. 706. IMPROVING CONSUMER INFORMATION REGARD- 4 ING RELEASE OF GREENHOUSE GASES FROM 5 FLIGHTS. 6 (a) IN GENERAL.—Not later than January 1, 2023, 7 the Secretary of Transportation shall develop and imple8 ment, by regulation, a program to require air carriers that 9 receive assistance under section 101 provide passengers 10 with information regarding greenhouse gas emissions re11 sulting from each individual flight that is— 12 (1) customized to account for such emissions 13 associated with each aircraft and the flight route of 14 such aircraft; and 15 (2) made available on the first display of any 16 website selling any ticket for such flight, following a 17 search of a requested itinerary in a format that is 18 easily visible to the purchaser. 19 (b) PUBLIC REPORTING.—The Secretary shall pub- 20 lish monthly data and information that anonymously ag21 gregates and analyzes the information provided to indi22 vidual passengers under to subsection (a). Such informa23 tion and data shall— 24 (1) be accessible to the public on the internet; 25 and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00807 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 808 1 (2) identify and quantify the greenhouse gas 2 emissions and relative climate change impact of each 3 passenger air carrier that receives assistance under 4 section 101. 5 SEC. 707. STUDY ON CERTAIN CLIMATE CHANGE MITIGA- 6 TION EFFORTS. 7 (a) IN GENERAL.—Not later than 90 days after the 8 date of enactment of this Act, the Secretary of Transpor9 tation shall seek to enter into an agreement with the Na10 tional Academies of Sciences, Engineering, and Medicine 11 (referred to in this section as the ‘‘National Academies’’) 12 to conduct a study on climate change mitigation efforts 13 with respect to the civil aviation and aerospace industries. 14 (b) STUDY CONTENTS.—In conducting the study 15 under subsection (a), the National Academies shall— 16 (1) identify climate change mitigation efforts, 17 including efforts relating to emerging technologies, 18 in the civil aviation and aerospace industries; 19 (2) develop and apply an appropriate indicator 20 for assessing the effectiveness of such efforts; 21 (3) identify gaps in such efforts; 22 (4) identify barriers preventing expansion of 23 such efforts; and 24 (5) develop recommendations with respect to 25 such efforts. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00808 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 809 1 (c) REPORTS.— 2 (1) FINDINGS OF STUDY.—Not later than 1 3 year after the date on which the Secretary enters 4 into an agreement for a study pursuant to sub- 5 section (a), the Secretary shall submit to the appro- 6 priate congressional committees the findings of the 7 study. 8 (2) ASSESSMENT.—Not later than 180 days 9 after the date on which the Secretary submits the 10 findings pursuant to paragraph (1), the Secretary, 11 acting through the Administrator of the Federal 12 Aviation Administration, shall submit to the appro- 13 priate congressional committees a report that con- 14 tains an assessment of the findings. 15 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 16 authorized to be appropriated to the Secretary to carry 17 out this section $1,500,000. 18 (e) DEFINITIONS.—In this section: 19 (1) APPROPRIATE CONGRESSIONAL COMMIT- 20 TEES.—The 21 mittees’’ means the Committee on Transportation 22 and Infrastructure of the House of Representatives, 23 the Committee on Commerce, Science, and Trans- 24 portation of the Senate, and other congressional 25 committees determined appropriate by the Secretary. term ‘‘appropriate congressional com- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00809 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 810 1 (2) CLIMATE CHANGE MITIGATION EFFORTS.— 2 The term ‘‘climate change mitigation efforts’’ means 3 efforts, including the use of technologies, materials, 4 processes, or practices, that contribute to the reduc- 5 tion of greenhouse gas emissions. TITLE VIII—MISCELLANEOUS 6 7 SEC. 801. SEPARABILITY. 8 If any provision of this division (including any 9 amendment made by this division) or the application 10 thereof to any person or circumstance is held invalid, the 11 remainder of this division (including any amendment 12 made by this division) and the application thereof to other 13 persons or circumstances shall not be affected thereby. 14 SEC. 802. APPLICATION OF LAW. 15 Chapter 83 of title 41, United States Code, shall not 16 apply with respect to purchases made in response to— 17 (1) the public health emergency declared on 18 January 31, 2020 under section 319 of the Public 19 Health Service Act (42 U.S.C. 247d); or 20 (2) the emergency declared by the President on 21 March 13, 2020, under section 501 of the Robert T. 22 Stafford Disaster Relief and Emergency Assistance 23 Act (42 U.S.C. 5191) and under any subsequent 24 major disaster declaration under section 401 of such 25 Act that supersedes such emergency declaration. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00810 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 811 DIVISION S—SBC PROVISIONS DIVISION T—REVENUE PROVISIONS 1 2 3 4 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 5 (a) SHORT TITLE.—This division may be cited as the 6 ‘‘Emergency Pension Plan Relief Act of 2020’’. 7 (b) TABLE OF CONTENTS.—The table of contents of 8 this division is as follows: Sec. 1. Short title; table of contents. TITLE I—HEALTH-RELATED TAX RELIEF Sec. 101. Payroll credit for COVID–19 charity care provided by hospitals. Sec. 102. Payroll credit for COVID–19 hospital facility expenditures. Sec. 103. Restoration of limitations on reconciliation of tax credits for coverage under a qualified health plan with advance payments of such credit. Sec. 104. Improving affordability by reducing premium costs for consumers. TITLE II—ECONOMIC STIMULUS Subtitle A—Economic Assistance Payments Sec. 201. 2020 economic assistance payments to individuals. Sec. 202. Economic assistance payments to certain Federal beneficiaries. Subtitle B—Earned Income Tax Credit Sec. 211. Strengthening the earned income tax credit for individuals with no qualifying children. Sec. 212. Taxpayer eligible for childless earned income credit in case of qualifying children who fail to meet certain identification requirements. Sec. 213. Credit allowed in case of certain separated spouses. Sec. 214. Elimination of disqualified investment income test. Sec. 215. Application of earned income tax credit in possessions of the United States. Subtitle C—Child Tax Credit Sec. 221. Child tax credit fully refundable for 2020 through 2025. Sec. 222. Application of child tax credit in possessions. Sec. 223. Increased child tax credit for children who have not attained age 6. Subtitle D—Dependent Care Assistance Sec. 231. Refundability and enhancement of child and dependent care tax credit. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00811 Fmt 6652 Sfmt 6211 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 812 Sec. 232. Increase in exclusion for employer-provided dependent care assistance. Subtitle E—Net Operating Losses Sec. 241. Five-year carryback of net operating losses and temporary suspension of taxable income limitation. Subtitle F—Employee Retention Credit Sec. 251. Payroll credit for certain employers affected by COVID–19. Subtitle G—Credits for Paid Sick and Family Leave Sec. 261. Extension of credits. Sec. 262. Repeal of reduced rate of credit for certain leave. Sec. 263. Federal, State, and local governments allowed tax credits for paid sick and paid family and medical leave. Sec. 264. Credits not allowed to certain large employers. Sec. 265. Effective date. TITLE III—ADMINISTRATIVE Sec. 301. Delay of certain deadlines. TITLE IV—RETIREMENT PROVISIONS Sec. 401. Special rules for use of retirement funds. Sec. 402. Single-employer plan funding rules. Sec. 403. Temporary waiver of required minimum distribution rules for certain retirement plans and accounts. Sec. 404. Modification of special rules for minimum funding standards for community newspaper plans. Sec. 405. Application of cooperative and small employer charity pension plan rules to certain charitable employers whose primary exempt purpose is providing services with respect to mothers and children. Sec. 406. Extended amortization for single employer plans. Sec. 407. Extension of pension funding stabilization percentages for single employer plans. TITLE V—REHABILITATION FOR MULTIEMPLOYER PENSIONS Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 501. 502. 503. 504. 505. 506. 507. 508. Short title. Pension Rehabilitation Administration; establishment; powers. Pension Rehabilitation Trust Fund. Loan program for multiemployer defined benefit plans. Coordination with withdrawal liability and funding rules. Issuance of Treasury bonds. Reports of plans receiving pension rehabilitation loans. PBGC financial assistance. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00812 Fmt 6652 Sfmt 6211 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 813 2 TITLE I—HEALTH-RELATED TAX RELIEF 3 SEC. 101. PAYROLL CREDIT FOR COVID–19 CHARITY CARE 1 4 PROVIDED BY HOSPITALS. 5 (a) IN GENERAL.—In the case of an employer which 6 is an eligible hospital, there shall be allowed as a credit 7 against the tax imposed by section 3111(a) of the Internal 8 Revenue Code of 1986 for each calendar quarter an 9 amount equal to 90 percent of the COVID-related charity 10 care furnished by such hospital during such calendar quar11 ter. 12 (b) LIMITATIONS AND REFUNDABILITY.— 13 (1) CREDIT LIMITED TO CERTAIN EMPLOYMENT 14 TAXES.—The 15 respect to any calendar quarter shall not exceed the 16 tax imposed by section 3111(a) of such Code for 17 such calendar quarter (reduced by any credits al- 18 lowed under subsection (e) or (f) of section 3111 of 19 such Code, or under section 7001 or 7003 of the 20 Families First Coronavirus Response Act, for such 21 quarter) on the wages paid with respect to the em- 22 ployment of all employees of the employer. 23 credit allowed by subsection (a) with (2) REFUNDABILITY 24 (A) IN 25 OF EXCESS CREDIT.— GENERAL.—If the amount of the credit under subsection (a) exceeds the limita- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00813 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 814 1 tion of paragraph (1) for any calendar quarter, 2 such excess shall be treated as an overpayment 3 that shall be refunded under sections 6402(a) 4 and 6413(b) of such Code. 5 (B) TREATMENT OF PAYMENTS.—For pur- 6 poses of section 1324 of title 31, United States 7 Code, any amounts due to an employer under 8 this paragraph shall be treated in the same 9 manner as a refund due from a credit provision 10 referred to in subsection (b)(2) of such section. 11 (c) ELIGIBLE HOSPITAL.—For purposes of this sec- 12 tion, the term ‘‘eligible hospital’’ means a subsection (d) 13 hospital as defined in section 1886(d)(1)(B) of the Social 14 Security Act (42 U.S.C. 1395ww(d)(1)(B)) or a critical 15 access hospital (as defined in section 1861(mm)(1) of such 16 Act (42 U.S.C. 1395x(mm)(1)). 17 (d) COVID-RELATED CHARITY CARE.—For purposes 18 of this section— 19 (1) IN GENERAL.—The term ‘‘COVID-related 20 charity care’’ means, with respect to any eligible 21 hospital, so much of the specified charity care fur- 22 nished by such hospital as relates to items and serv- 23 ices furnished in the United States for the treatment 24 of COVID–19 or a related condition. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00814 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 815 1 (2) SPECIFIED CHARITY CARE.—The term 2 ‘‘specified charity care’’ means, with respect to an 3 eligible hospital, the cost of charity care of such hos- 4 pital as defined for purposes of the Medicare Cost 5 Report Worksheet S–10. 6 (e) SPECIAL RULES.— 7 (1) DENIAL OF DOUBLE BENEFIT.—For pur- 8 poses of chapter 1 of the Internal Revenue Code of 9 1986, any deduction otherwise allowable under such 10 chapter for any COVID-related charity care shall be 11 reduced by the amount of the credit allowed under 12 this section with respect to such care. 13 (2) DOCUMENTATION.—No credit shall be al- 14 lowed under this section unless the employer main- 15 tains such documentation as the Secretary of the 16 Treasury (or the Secretary’s delegate) may prescribe 17 to establish such employer’s eligibility for the credit 18 allowed under this section (and the amount thereof). 19 (3) ELECTION NOT TO HAVE SECTION APPLY.— 20 This section shall not apply with respect to any em- 21 ployer for any calendar quarter if such employer 22 elects (at such time and in such manner as the Sec- 23 retary of the Treasury (or the Secretary’s delegate) 24 may prescribe) not to have this section apply. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00815 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 816 1 (4) CERTAIN TERMS.—Any term used in this 2 section which is also used in chapter 21 of such 3 Code shall have the same meaning as when used in 4 such chapter. 5 (f) REGULATIONS.—The Secretary of the Treasury 6 (or the Secretary’s delegate) shall prescribe such regula7 tions or other guidance as may be necessary to carry out 8 the purposes of this section, including— 9 (1) regulations or other guidance (prescribed 10 after consultation with the Secretary of Health and 11 Human Services) which identify specific items and 12 services which are considered for purposes of sub- 13 section (d)(1) to be for the treatment of COVID–19 14 or a related condition, 15 (2) regulations or other guidance to effectuate 16 the purposes of the limitations under this section, 17 (3) regulations or other guidance to minimize 18 compliance and record-keeping burdens under this 19 section, 20 (4) regulations or other guidance providing for 21 a waiver of penalties for the failure to deposit taxes 22 imposed under section 3111(a) of such Code in an- 23 ticipation of the allowance of the credit allowed 24 under this section, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00816 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 817 1 (5) regulations or other guidance for recap- 2 turing the benefit of credits determined under this 3 section in cases where there is a subsequent adjust- 4 ment to the credit determined under subsection (a), 5 and 6 (6) regulations or other guidance regarding the 7 treatment of certified professional employer organi- 8 zations, as described in section 3511 of such Code. 9 (g) APPLICATION OF SECTION.— 10 (1) IN GENERAL.—This section shall apply only 11 to COVID-related charity care which is furnished 12 during the period beginning on February 1, 2020, 13 and ending on December 31, 2020. 14 (2) TREATMENT OF CERTAIN CARE FURNISHED 15 BEFORE DATE OF ENACTMENT.—For 16 this section, any COVID-related charity care which 17 is furnished after January 31, 2020, and before the 18 calendar quarter which includes the date of the en- 19 actment of this Act shall be treated as having been 20 furnished in such calendar quarter. 21 (h) TRANSFERS 22 VIVORS INSURANCE TO purposes of FEDERAL OLD-AGE AND SUR- TRUST FUND.—There are hereby ap- 23 propriated to the Federal Old-Age and Survivors Insur24 ance Trust Fund and the Federal Disability Insurance 25 Trust Fund established under section 201 of the Social L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00817 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 818 1 Security Act (42 U.S.C. 401) amounts equal to the reduc2 tion in revenues to the Treasury by reason of this section 3 (without regard to this subsection). Amounts appropriated 4 by the preceding sentence shall be transferred from the 5 general fund at such times and in such manner as to rep6 licate to the extent possible the transfers which would have 7 occurred to such Trust Fund had this section not been 8 enacted. 9 (i) COORDINATION WITH DSH PAYMENTS.—Section 10 1886(r) of the Social Security Act (42 U.S.C. 1395ww(r)) 11 is amended— 12 (1) n paragraph (2), by inserting ‘‘subject to 13 paragraph (4),’’ before ‘‘for fiscal year 2014’’; and 14 (2) by adding at the end the following new 15 paragraph: 16 ‘‘(4) SPECIAL RULE FOR COVID-RELATED CHAR- 17 ITY CARE.—The 18 first fiscal year in which the factor described in 19 paragraph (2)(C) is calculated based on a cost re- 20 porting period that includes any portion of calendar 21 year 2020, exclude the amount of the payroll credit 22 for COVID–19 charity care allowed under section 23 101(a) of the Emergency Pension Plan Relief Act of 24 2020 provided to a subsection (d) hospital, from the 25 calculation of such factor.’’. Secretary shall, beginning in the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00818 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 819 1 SEC. 102. PAYROLL CREDIT FOR COVID–19 HOSPITAL FA- 2 CILITY EXPENDITURES. 3 (a) IN GENERAL.—In the case of an employer which 4 is an eligible hospital, there shall be allowed as a credit 5 against the tax imposed by section 3111(a) of the Internal 6 Revenue Code of 1986 for each calendar quarter an 7 amount equal to 90 percent of the COVID–19 hospital 8 facility expenditures paid or incurred by such hospital dur9 ing such calendar quarter. 10 (b) LIMITATIONS AND REFUNDABILITY.— 11 (1) CREDIT LIMITED TO CERTAIN EMPLOYMENT 12 TAXES.—The 13 respect to any calendar quarter shall not exceed the 14 tax imposed by section 3111(a) of such Code for 15 such calendar quarter (reduced by any credits al- 16 lowed under subsection (e) or (f) of section 3111 of 17 such Code, under section 7001 or 7003 of the Fami- 18 lies First Coronavirus Response Act, or under the 19 preceding section of this Act, for such quarter) on 20 the wages paid with respect to the employment of all 21 employees of the employer. 22 credit allowed by subsection (a) with (2) REFUNDABILITY 23 (A) IN OF EXCESS CREDIT.— GENERAL.—If the amount of the 24 credit under subsection (a) exceeds the limita- 25 tion of paragraph (1) for any calendar quarter, 26 such excess shall be treated as an overpayment L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00819 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 820 1 that shall be refunded under sections 6402(a) 2 and 6413(b) of such Code. 3 (B) TREATMENT OF PAYMENTS.—For pur- 4 poses of section 1324 of title 31, United States 5 Code, any amounts due to an employer under 6 this paragraph shall be treated in the same 7 manner as a refund due from a credit provision 8 referred to in subsection (b)(2) of such section. 9 (c) ELIGIBLE HOSPITAL.—For purposes of this sec- 10 tion, the term ‘‘eligible hospital’’ means a subsection (d) 11 hospital as defined in section 1886(d)(1)(B) of the Social 12 Security Act (42 U.S.C. 1395ww(d)(1)(B)) or a critical 13 access hospital (as defined in section 1861(mm)(1) of such 14 Act (42 U.S.C. 1395x(mm)(1)). 15 16 (d) COVID–19 HOSPITAL FACILITY EXPENDITURES.—For 17 purposes of this section— (1) IN GENERAL.—The term ‘‘COVID–19 hos- 18 pital facility expenditures’’ means amounts paid or 19 incurred by an eligible hospital for— 20 (A) the purchase or construction of a tem- 21 porary structure in the United States for speci- 22 fied COVID-related purposes, 23 (B) the lease of any structure in the 24 United States for specified COVID-related pur- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00820 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 821 1 poses if the term of such lease is not greater 2 than 2 years, 3 (C) the retrofitting of any existing perma- 4 nent structure in the United States for specified 5 COVID-related purposes, and 6 (D) any property for use in a structure de- 7 scribed in subparagraph (A), (B), or (C) for 8 specified COVID-related purposes if such prop- 9 erty is of a character which is subject to the al- 10 lowance for depreciation provided in section 167 11 of the Internal Revenue Code of 1986. 12 (2) SPECIFIED COVID-RELATED PURPOSES.— 13 The 14 means the diagnosis, prevention, or treatment of 15 COVID–19 or a related condition. 16 term ‘‘specified (3) TEMPORARY COVID-related STRUCTURE.—The purposes’’ term ‘‘tem- 17 porary structure’’ means a tent or such other struc- 18 ture which by its design or nature is not suitable to 19 serve as a permanent structure. 20 (4) COORDINATION WITH GOVERNMENT 21 GRANTS.—The 22 tures taken into account under this section by any 23 eligible hospital shall be reduced by any amounts 24 provided by any Federal, State, or local government COVID–19 hospital facility expendi- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00821 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 822 1 for purposes of making or reimbursing such expendi- 2 tures. 3 (e) SPECIAL RULES.— 4 (1) DENIAL 5 OF DOUBLE BENEFIT.—For pur- poses of the Internal Revenue Code of 1986— 6 (A) the basis of any property with respect 7 to which a credit is allowed under this section 8 shall be reduced by the amount of such credit, 9 and 10 (B) such reduction shall be taken into ac- 11 count before determining the amount of any de- 12 duction, or allowance for depreciation or amor- 13 tization, with respect to such property for pur- 14 poses of such Code. 15 (2) RECAPTURE OF GAIN.—If an eligible hos- 16 pital disposes of any property with respect to which 17 a credit was allowed under this section and any gain 18 is determined on such disposition under section 19 1001 of such Code, the tax imposed under chapter 20 1 of such Code on such hospital shall be increased 21 by the amount of such gain. The preceding sentence 22 shall apply without regard to whether such eligible 23 hospital is otherwise exempt from, or not subject to, 24 the taxes otherwise imposed under such chapter. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00822 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 823 1 (3) DOCUMENTATION.—No credit shall be al- 2 lowed under this section unless the employer main- 3 tains such documentation as the Secretary of the 4 Treasury (or the Secretary’s delegate) may prescribe 5 to establish such employer’s eligibility for the credit 6 allowed under this section (and the amount thereof). 7 (4) ELECTION NOT TO HAVE SECTION APPLY.— 8 This section shall not apply with respect to any em- 9 ployer for any calendar quarter if such employer 10 elects (at such time and in such manner as the Sec- 11 retary of the Treasury (or the Secretary’s delegate) 12 may prescribe) not to have this section apply. 13 (5) CERTAIN TERMS.—Any term used in this 14 section which is also used in chapter 21 of such 15 Code shall have the same meaning as when used in 16 such chapter. 17 (f) REGULATIONS.—The Secretary of the Treasury 18 (or the Secretary’s delegate) shall prescribe such regula19 tions or other guidance as may be necessary to carry out 20 the purposes of this section, including— 21 (1) regulations or other guidance to effectuate 22 the purposes of the limitations under this section, 23 (2) regulations or other guidance to minimize 24 compliance and record-keeping burdens under this 25 section, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00823 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 824 1 (3) regulations or other guidance providing for 2 a waiver of penalties for the failure to deposit taxes 3 imposed under section 3111(a) in anticipation of the 4 allowance of the credit allowed under this section, 5 (4) regulations or other guidance for recap- 6 turing the benefit of credits determined under this 7 section in cases where there is a subsequent adjust- 8 ment to the credit determined under subsection (a), 9 (5) regulations or other guidance (prescribed 10 after consultation with the Secretary of Health and 11 Human Services) which identify specific items and 12 services which are considered for purposes of sub- 13 section (d)(2) to be for specified COVID-related pur- 14 poses, and 15 (6) regulations or other guidance regarding the 16 treatment of certified professional employer organi- 17 zations, as described in section 3511 of such Code. 18 (g) APPLICATION OF SECTION.— 19 (1) IN GENERAL.—This section shall apply only 20 to COVID–19 hospital facility expenditures which 21 are paid or incurred during the period beginning on 22 February 1, 2020, and ending on December 31, 23 2020. 24 (2) TREATMENT 25 OF CERTAIN EXPENDITURES MADE BEFORE DATE OF ENACTMENT.—For pur- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00824 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 825 1 poses of this section, any COVID–19 hospital facility 2 expenditures which are paid or incurred after Janu- 3 ary 31, 2020, and before the calendar quarter which 4 includes the date of the enactment of this Act shall 5 be treated as having been furnished in such calendar 6 quarter. 7 (h) TRANSFERS 8 VIVORS INSURANCE TO FEDERAL OLD-AGE AND SUR- TRUST FUND.—There are hereby ap- 9 propriated to the Federal Old-Age and Survivors Insur10 ance Trust Fund and the Federal Disability Insurance 11 Trust Fund established under section 201 of the Social 12 Security Act (42 U.S.C. 401) amounts equal to the reduc13 tion in revenues to the Treasury by reason of this section 14 (without regard to this subsection). Amounts appropriated 15 by the preceding sentence shall be transferred from the 16 general fund at such times and in such manner as to rep17 licate to the extent possible the transfers which would have 18 occurred to such Trust Fund had this section not been 19 enacted. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00825 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 826 1 SEC. 103. RESTORATION OF LIMITATIONS ON RECONCILI- 2 ATION OF TAX CREDITS FOR COVERAGE 3 UNDER A QUALIFIED HEALTH PLAN WITH AD- 4 VANCE PAYMENTS OF SUCH CREDIT. 5 (a) IN GENERAL.—Section 36B(f)(2)(B)(i) of the In- 6 ternal Revenue Code of 1986 is amended to read as fol7 lows: 8 ‘‘(i) IN GENERAL.—In the case of a 9 taxpayer whose household income is less 10 than 500 percent of the poverty line for 11 the size of the family involved for the tax- 12 able year, the amount of the increase 13 under subparagraph (A) shall in no event 14 exceed the applicable dollar amount deter- 15 mined in accordance with the following 16 table (one-half of such amount in the case 17 of a taxpayer whose tax is determined 18 under section 1(c) for the taxable year): ‘‘If the household income (expressed as a percent of poverty line) is: Less than 200% ........................................................ At least 200% but less than 250% ........................... At least 250% but less than 300% ........................... At least 300% but less than 350% ........................... At least 350% but less than 400% ........................... At least 400% but less than 450% ........................... At least 450% but less than 500% ........................... The applicable dollar amount is: $600 $1,000 $1,500 $2,000 $2,500 $3,000 $3,500.’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00826 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 827 1 (b) EFFECTIVE DATE.—The amendments made by 2 this section shall apply to taxable years beginning after 3 December 31, 2019. 4 SEC. 104. IMPROVING AFFORDABILITY BY REDUCING PRE- 5 MIUM COSTS FOR CONSUMERS. 6 (a) IN GENERAL.—Section 36B(b)(3)(A) of the In- 7 ternal Revenue Code of 1986 is amended to read as fol8 lows: 9 ‘‘(A) APPLICABLE PERCENTAGE.—The ap- 10 plicable percentage for any taxable year shall be 11 the percentage such that the applicable percent- 12 age for any taxpayer whose household income is 13 within an income tier specified in the following 14 table shall increase, on a sliding scale in a lin- 15 ear manner, from the initial premium percent- 16 age to the final premium percentage specified in 17 such table for such income tier: ‘‘In the case of household income (expressed as a percent of poverty line) within the following income tier: Over 100.0 percent up to 150.0 percent .... 150.0 percent up to 200.0 percent ............. 200.0 percent up to 250.0 percent ............. 250.0 percent up to 300.0 percent ............. 300.0 percent up to 400.0 percent ............. 400.0 percent and higher ........................... 18 (b) CONFORMING The initial premium percentage is— The final premium percentage is— 0.0 0.0 3.0 4.0 6.0 8.5 0.0 3.0 4.0 6.0 8.5 8.5’’. AMENDMENT.—Section 19 36B(c)(1)(A) of the Internal Revenue Code of 1986 is 20 amended by striking ‘‘but does not exceed 400 percent’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00827 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 828 1 (c) EFFECTIVE DATE.—The amendments made by 2 this section shall apply to taxable years beginning after 3 December 31, 2020. 6 TITLE II—ECONOMIC STIMULUS Subtitle A—Economic Assistance Payments 7 SEC. 201. 2020 ECONOMIC ASSISTANCE PAYMENTS TO INDI- 4 5 8 VIDUALS. 9 (a) IN GENERAL.—Subchapter B of chapter 65 of the 10 Internal Revenue Code of 1986 is amended by adding at 11 the end the following new section: 12 ‘‘SEC. 6431. 2020 ECONOMIC ASSISTANCE PAYMENTS TO IN- 13 DIVIDUALS. 14 ‘‘(a) IN GENERAL.—In the case of an eligible indi- 15 vidual, there shall be allowed as a credit against the tax 16 imposed by subtitle A for the first taxable year beginning 17 in 2020 an amount equal to the sum of— 18 ‘‘(1) the base amount, and 19 ‘‘(2) the income supplement amount. 20 ‘‘(b) BASE AMOUNT.—For purposes of this section, 21 the term ‘base amount’ means, with respect to any tax22 payer, the sum of— 23 ‘‘(1) $1,500 ($3,000 in the case of a joint re- 24 turn), plus L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00828 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 829 1 ‘‘(2) $1,500 multiplied by the number of quali- 2 fying children (within the meaning of section 24(c)) 3 of the taxpayer (not in excess of 3 such children) for 4 the taxpayer’s first taxable year beginning in 2020. 5 ‘‘(c) INCOME SUPPLEMENT AMOUNT.—For purposes 6 of this section— 7 ‘‘(1) IN 8 GENERAL.—The term ‘income supple- ment amount’ means— 9 ‘‘(A) in the case of any taxpayer not de- 10 scribed in subparagraph (B), the excess (if any) 11 of— 12 ‘‘(i) adjusted gross income for the tax- 13 able year immediately preceding such tax- 14 payer’s first taxable year beginning in 15 2020, over 16 ‘‘(ii) adjusted gross income for such 17 taxpayer’s first taxable year beginning in 18 2020, and 19 ‘‘(B) in the case of any taxpayer whose 20 household income for such taxpayer’s first tax- 21 able year beginning in 2020 does not exceed the 22 applicable phaseout amount, the greater of— 23 ‘‘(i) the excess (if any) described in 24 subparagraph (A), or 25 ‘‘(ii) the sum of— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00829 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 830 1 ‘‘(I) base amount multiplied by 5, 2 plus 3 ‘‘(II) $5,000. 4 ‘‘(2) MAXIMUM INCOME SUPPLEMENT 5 AMOUNT.—The 6 mined under this subsection shall not exceed the 7 sum described in paragraph (1)(B)(ii) (determined 8 without regard to paragraph (3)). 9 income supplement amount deter- ‘‘(3) PHASEOUT OF THE MINIMUM INCOME SUP- 10 PLEMENT AMOUNT.—The 11 graph (1)(B)(ii) shall be reduced (but not below 12 zero) by the amount which bears the same ratio to 13 such sum as— sum described in para- 14 ‘‘(A) the excess (if any) of the household 15 income for the taxpayer’s first taxable year be- 16 ginning in 2020 over 200 percent of the poverty 17 line for a family of the size involved, bears to 18 ‘‘(B) the excess of the applicable phaseout 19 amount over 200 percent of the poverty line for 20 a family of the size involved. 21 ‘‘(4) DEFINITIONS 22 LINE.—For 23 purposes of this subsection— ‘‘(A) IN 24 RELATING TO THE POVERTY GENERAL.—The terms ‘family size’ and ‘poverty line’ have the respective L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00830 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 831 1 meaning 2 36B(d). 3 given such terms ‘‘(B) HOUSEHOLD under INCOME.—The section term 4 ‘household income’ has the meaning given such 5 term by section 36B(d)(2)(A) applied by using 6 adjusted gross income (within the meaning of 7 this section) in lieu of modified adjusted gross 8 income (within the meaning of section 36B). 9 ‘‘(d) OVERALL PHASEOUT BASED ON ADJUSTED 10 GROSS INCOME.— 11 ‘‘(1) IN GENERAL.—The amount of the credit 12 allowed by subsection (a) (determined without re- 13 gard to this subsection and subsection (g)) shall be 14 reduced (but not below zero) by the amount which 15 bears the same ratio to such amount as— 16 ‘‘(A) the excess (if any) of the adjusted 17 gross income for the taxpayer’s first taxable 18 year beginning in 2020 over the applicable 19 phaseout amount, bears to 20 ‘‘(B) 50 percent of the applicable phaseout 21 amount. 22 ‘‘(2) APPLICABLE 23 PHASEOUT AMOUNT.—The term ‘applicable phaseout amount’ means— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00831 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 832 1 ‘‘(A) $150,000 in the case of a joint return 2 or a surviving spouse (as defined in section 3 2(a)), 4 ‘‘(B) $112,500 in the case of a head of 5 household (as defined in section 2(b)), and 6 ‘‘(C) $75,000 in any other case. 7 ‘‘(e) OTHER DEFINITIONS.—For purposes of this 8 section— 9 ‘‘(1) ELIGIBLE 10 INDIVIDUAL.—The term ‘eligible individual’ means any individual other than— 11 ‘‘(A) any nonresident alien individual, 12 ‘‘(B) any individual with respect to whom 13 a deduction under section 151 is allowable to 14 another taxpayer for a taxable year beginning 15 in the calendar year in which the individual’s 16 taxable year begins, and 17 ‘‘(C) an estate or trust. 18 ‘‘(2) ADJUSTED GROSS INCOME.—The term ‘ad- 19 justed gross income’ means adjusted gross income 20 determined without regard to sections 911, 931, and 21 933. 22 ‘‘(f) SPECIAL RULES.— 23 ‘‘(1) CREDIT 24 TREATED AS REFUNDABLE.—The credit allowed by subsection (a) shall be treated as L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00832 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 833 1 allowed by subpart C of part IV of subchapter A of 2 chapter 1. 3 ‘‘(2) TREATMENT OF CREDIT AND ADVANCE 4 PAYMENTS.—For 5 31, United States Code, any credit under subsection 6 (a) and any credit or refund under subsection (h) 7 shall be treated in the same manner as a refund due 8 from a credit provision referred to in subsection 9 (b)(2) of such section. 10 ‘‘(3) purposes of section 1324 of title IDENTIFICATION NUMBER REQUIRE- 11 MENT.—An 12 count in determining the amount of the credit al- 13 lowed under subsection (a) unless the taxpayer iden- 14 tification number of such individual is included on 15 the return of tax for the taxable year. 16 ‘‘(g) COORDINATION WITH ADVANCE REFUNDS individual shall not be taken into ac- OF 17 CREDIT.— 18 ‘‘(1) REDUCTION OF REFUNDABLE CREDIT.— 19 The amount of the credit which would (but for this 20 paragraph) be allowable under subsection (a) shall 21 be reduced (but not below zero) by the aggregate re- 22 funds and credits made or allowed to the taxpayer 23 under subsection (h) and the aggregate payments to 24 which the taxpayer is entitled under section 202 of 25 the Emergency Pension Plan Relief Act of 2020. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00833 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 834 1 Any failure to so reduce the credit shall be treated 2 as arising out of a mathematical or clerical error 3 and assessed according to section 6213(b)(1). 4 ‘‘(2) RECAPTURE 5 OF PAYMENTS IN EXCESS OF REFUNDABLE CREDIT.— 6 ‘‘(A) IN GENERAL.—If the sum of the ag- 7 gregate refunds and credits made or allowed to 8 the taxpayer under subsection (h) and the ag- 9 gregate payments to which the taxpayer is enti- 10 tled under section 202 of the Emergency Pen- 11 sion Plan Relief Act of 2020 exceeds the credit 12 allowed under subsection (a) (determined with- 13 out regard to paragraph (1)), the tax imposed 14 under chapter 1 for the taxpayer’s first taxable 15 year beginning in 2020 shall be increased by 16 the amount of such excess. 17 ‘‘(B) ELECTION TO SPREAD RECAPTURE 18 OVER 3 YEARS.—In 19 elects (at such time and in such manner as the 20 Secretary may provide) the application of this 21 subparagraph, subparagraph (A) shall not apply 22 and the tax imposed under chapter 1 shall be 23 increased by 1⁄3 of the excess described in sub- 24 paragraph (A) in the taxpayer’s first taxable the case of a taxpayer who L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00834 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 835 1 year beginning in 2020 and in each of the 2 im- 2 mediately following taxable years. 3 ‘‘(3) JOINT RETURNS.—In the case of a refund 4 or credit made or allowed under subsection (h) with 5 respect to a joint return, half of such refund or cred- 6 it shall be treated as having been made or allowed 7 to each individual filing such return. 8 ‘‘(h) ADVANCE REFUNDS AND CREDITS.— 9 ‘‘(1) IN GENERAL.—Each taxpayer who was an 10 eligible individual for such taxpayer’s first taxable 11 year beginning in 2019 shall be treated as having 12 made a payment against the tax imposed by chapter 13 1 for such first taxable year in an amount equal to 14 the advance refund amount. 15 ‘‘(2) ADVANCE REFUND AMOUNT.—For pur- 16 poses of this subsection, the term ‘advance refund 17 amount’ means the sum of— 18 ‘‘(A) the product of the prior-year base 19 amount multiplied by 6, plus 20 ‘‘(B) $5,000. 21 ‘‘(3) TIMING 22 OF PAYMENTS.— ‘‘(A) BASE AMOUNT.—The Secretary shall, 23 subject to the provisions of this title, refund or 24 credit so much of any overpayment attributable L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00835 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 836 1 to paragraph (1) as is not less than the prior- 2 year base amount as rapidly as possible. 3 ‘‘(B) PERIODIC ADDITIONAL PAYMENTS.— 4 To the extent that the Secretary determines 5 feasible, the Secretary shall, subject to the pro- 6 visions of this title, refund or credit any re- 7 maining overpayment in periodic additional 8 amounts. The Secretary, to the maximum ex- 9 tent practicable, shall ensure that the entire 10 overpayment attributable to paragraph (1) is 11 refunded or credited under this paragraph not 12 later than December 31, 2020. For purposes of 13 the preceding sentence, the term ‘remaining 14 overpayment’ means so much of the overpay- 15 ment attributable to paragraph (1) as is not re- 16 funded or credited under subparagraph (A). 17 ‘‘(C) TERMINATION OF PAYMENT AUTHOR- 18 ITY.—No 19 lowed under this subsection after December 31, 20 2020. 21 ‘‘(4) PRIOR-YEAR refund or credit shall be made or al- BASE AMOUNT.—For pur- 22 poses of this subsection, the term ‘prior-year base 23 amount’ means the base amount determined under 24 subsection (b) with respect to— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00836 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 837 1 ‘‘(A) the taxpayer’s first taxable year be- 2 ginning in 2019, or 3 ‘‘(B) if information regarding such taxable 4 year is not available to the Secretary, the tax- 5 payer’s first taxable year beginning in 2018. 6 ‘‘(5) COORDINATION WITH PAYMENTS TO SO- 7 CIAL SECURITY ADMINISTRATION RECIPIENTS.—This 8 subsection shall not apply with respect to any tax- 9 payer entitled to a payment under section 202 of the 10 Emergency Pension Plan Relief Act of 2020. 11 ‘‘(6) NO INTEREST.—No interest shall be al- 12 lowed on any overpayment attributable to this sec- 13 tion. 14 ‘‘(7) 15 PAYERS.—As 16 shall— INFORMATION PROVIDED TO TAX- soon as practicable, the Secretary 17 ‘‘(A) make best efforts to inform every tax- 18 payer that amounts received pursuant to this 19 subsection may be subject to recapture under 20 subsection (g)(2), and 21 ‘‘(B) develop an Internet tool allowing tax- 22 payer’s to determine the amount of such recap- 23 ture using input from the taxpayer. 24 ‘‘(i) REGULATIONS.—The Secretary shall prescribe 25 such regulations or other guidance as may be necessary L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00837 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 838 1 or appropriate to carry out the purposes of this section, 2 including— 3 ‘‘(1) regulations or other guidance providing for 4 proper determination of adjusted gross income in the 5 case of an individual whose filing status changes be- 6 tween the taxable years taken into account under 7 this section and in the case of any taxable year 8 which is less than 12 months, 9 ‘‘(2) regulations or other guidance providing 10 taxpayers with respect to whom information for nei- 11 ther taxable year described in subsection (h)(4) is 12 available to the Secretary the opportunity to provide 13 the Secretary information sufficient to allow the Sec- 14 retary to determine the amount of the credit or re- 15 fund for such taxpayer under subsection (h), and 16 ‘‘(3) regulations or other guidance providing for 17 proper determination of the treatment of households 18 that include an eligible individual (as defined in sec- 19 tion 202(b) of the Emergency Pension Plan Relief 20 Act of 2020). 21 ‘‘(j) OUTREACH.—The Secretary shall carry out a ro- 22 bust and comprehensive outreach program to ensure that 23 all taxpayers described in subsection (i)(2) learn of their 24 eligibility for the advance refunds and credits under sub25 section (h); are advised of the opportunity to receive such L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00838 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 839 1 advance refunds and credits as provided under subsection 2 (i)(2), and provided assistance in applying for such cred3 its. In conducting this outreach, the Secretary shall co4 ordinate with other government, state, and local agencies; 5 federal partners; and community-based nonprofit organi6 zations that regularly interface with those taxpayers so de7 scribed.’’. 8 (b) TREATMENT OF CERTAIN POSSESSIONS.— 9 (1) PAYMENTS TO POSSESSIONS WITH MIRROR 10 CODE TAX SYSTEMS.—The 11 ury shall pay to each possession of the United States 12 which has a mirror code tax system amounts equal 13 to the loss (if any) to that possession by reason of 14 the amendments made by this section. Such 15 amounts shall be determined by the Secretary of the 16 Treasury based on information provided by the gov- 17 ernment of the respective possession. 18 (2) PAYMENTS Secretary of the Treas- TO OTHER POSSESSIONS.—The 19 Secretary of the Treasury shall pay to each posses- 20 sion of the United States which does not have a mir- 21 ror code tax system amounts estimated by the Sec- 22 retary of the Treasury as being equal to the aggre- 23 gate benefits (if any) that would have been provided 24 to residents of such possession by reason of the 25 amendments made by this section if a mirror code L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00839 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 840 1 tax system had been in effect in such possession. 2 The preceding sentence shall not apply unless the re- 3 spective possession has a plan, which has been ap- 4 proved by the Secretary of the Treasury, under 5 which such possession will promptly distribute such 6 payments to its residents. 7 (3) COORDINATION WITH CREDIT ALLOWED 8 AGAINST UNITED STATES INCOME TAXES.—No 9 it shall be allowed against United States income 10 taxes under section 6431 of the Internal Revenue 11 Code of 1986 (as amended by this section), nor shall 12 any credit or refund be made or allowed under sub- 13 section (h) of such section, to any person— cred- 14 (A) to whom a credit is allowed against 15 taxes imposed by the possession by reason of 16 the amendments made by this section, or 17 (B) who is eligible for a payment under a 18 plan described in paragraph (2). 19 (4) MIRROR CODE TAX SYSTEM.—For purposes 20 of this subsection, the term ‘‘mirror code tax sys- 21 tem’’ means, with respect to any possession of the 22 United States, the income tax system of such posses- 23 sion if the income tax liability of the residents of 24 such possession under such system is determined by L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00840 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 841 1 reference to the income tax laws of the United 2 States as if such possession were the United States. 3 (c) ADMINISTRATIVE PROVISIONS.— 4 (1) DEFINITION OF DEFICIENCY.—Section 5 6211(b)(4)(A) of the Internal Revenue Code of 1986 6 is amended by striking ‘‘168(k)(4)’’ and inserting 7 ‘‘168(k)(4), and 6431’’. 8 (2) MATHEMATICAL 9 THORITY.—Section 10 OR CLERICAL ERROR AU- 6213(g)(2) of such Code is amended— 11 (A) by inserting ‘‘or section 6431 (relating 12 to economic assistance payments to individ- 13 uals)’’ before the comma at the end of subpara- 14 graph (H), and 15 (B) by striking ‘‘or 32’’ in subparagraph 16 (L) and inserting ‘‘32, or 6431’’. 17 (3) EXEMPTION FROM OFFSETS.—So much of 18 any overpayment, credit, refund, or payment as is 19 attributable to the application of section 6431 of the 20 Internal Revenue Code of 1986 shall not be subject 21 to reduction, offset, or levy under section 6331 or 22 subsections (c), (d), (e), or (f) of section 6402 of 23 such Code or under section 3716 or 3720A of title 24 31, United States Code. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00841 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 842 1 (4) TREATMENT OF CREDIT AND ADVANCE PAY- 2 MENTS.—For 3 United States Code, any credit under section 4 6431(a) of the Internal Revenue Code of 1986, any 5 credit or refund under section 6431(h) of such Code, 6 and any payment under subsection (b) of this Act, 7 shall be treated in the same manner as a refund due 8 from a credit provision referred to in subsection 9 (b)(2) of such section 1324. 10 11 purposes of section 1324 of title 31, (d) APPROPRIATIONS TO CARRY OUT THIS SEC- TION.— 12 (1) IN GENERAL.—Immediately upon the enact- 13 ment of this Act, the following sums are appro- 14 priated, out of any money in the Treasury not other- 15 wise appropriated, for the fiscal year ending Sep- 16 tember 30, 2020— 17 (A) For an additional amount for ‘‘Depart- 18 ment of the Treasury—Bureau of Fiscal Serv- 19 ices—Salaries and Expenses’’, $78,600,000, to 20 remain available until December 31, 2020. 21 (B) For an additional amount for ‘‘Depart- 22 ment of the Treasury—Internal Revenue Serv- 23 ice—Taxpayer Services’’, $301,000,000, to re- 24 main available until December 31, 2020. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00842 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 843 1 (C) For an additional amount for ‘‘Depart- 2 ment of the Treasury—Internal Revenue Serv- 3 ice—Enforcement’’, $37,200,000, to remain 4 available until December 31, 2020. 5 (D) For an additional amount for ‘‘De- 6 partment of the Treasury—Internal Revenue 7 Service—Operations Support’’, $8,000,000, to 8 remain available until December 31, 2020. 9 (2) REPORTS.—No later than 15 days after en- 10 actment of this Act, the Secretary of the Treasury 11 shall submit a plan to the Committees on Appropria- 12 tions of the House of Representatives and the Sen- 13 ate detailing the expected use of the funds provided 14 by paragraph (1)(A). Beginning 90 days after enact- 15 ment of this Act, the Secretary of the Treasury shall 16 submit a quarterly report to the Committees on Ap- 17 propriations of the House of Representatives and the 18 Senate detailing the actual expenditure of funds pro- 19 vided by paragraph (1)(A) and the expected expendi- 20 ture of such funds in the subsequent quarter. 21 SEC. 202. ECONOMIC ASSISTANCE PAYMENTS TO CERTAIN 22 FEDERAL BENEFICIARIES. 23 (a) PAYMENT AUTHORITIES AND AMOUNTS.— 24 (1) BASE 25 AMOUNT PAYMENTS.—Subject to sub- section (c), the Secretary of the Treasury shall dis- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00843 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 844 1 burse a base amount payment to each individual 2 who, as of the date of the enactment of this Act, is 3 an eligible individual. Such payment shall be in the 4 amount that would be paid under section 6431(b) of 5 the Internal Revenue Code of 1986 for a single tax- 6 payer with no qualifying children. 7 (2) INCOME SUPPLEMENT AMOUNT PAY- 8 MENTS.—Subject 9 the Treasury shall disburse income supplement 10 amount payments to each individual who, as of the 11 date of the enactment of this Act, is an eligible indi- 12 vidual. The total of such payments to each such in- 13 dividual 14 6431(c)(1)(B)(ii) for a single taxpayer with no 15 qualifying children. 16 (b) ELIGIBLE INDIVIDUAL.— 17 shall (1) IN to subsection (c), the Secretary of equal the amount GENERAL.—For defined in purposes of subsection 18 (a), an ‘‘eligible individual’’ is an individual who, for 19 the last month that ends prior to the date of enact- 20 ment of this Act— 21 (A) is entitled to a social security insur- 22 ance benefit described in paragraph (2); or 23 (B) is eligible for a supplemental security 24 income benefit described in paragraph (3). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00844 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 845 1 (2) SOCIAL SECURITY BENEFIT DESCRIBED.— 2 For purposes of paragraph (1), a social security in- 3 surance benefit described in this paragraph is any 4 monthly insurance benefit payable under title II of 5 the Social Security Act (42 U.S.C. 401 et seq.) 6 (other than child’s insurance benefits payable under 7 section 202(d)(1)(B)(i) of such Act (42 U.S.C. 8 402(d)(1)(B)(i)), including payments made pursuant 9 to subsections (g) or (i)(7) of section 223 of such 10 Act (42 U.S.C. 423). 11 (3) SUPPLEMENTAL SECURITY INCOME BEN- 12 EFIT DESCRIBED.—For 13 a supplemental security income benefit described in 14 this paragraph is a monthly benefit payable under 15 title XVI of the Social Security Act (42 U.S.C. 1381 16 et seq.) (other than a benefit to an individual de- 17 scribed 18 1614(a)(3)(C) 19 1382(e)(1)(B); 1382c(a)(3)(C)), including— in section of purposes of paragraph (1), 1611(e)(1)(B) such Act or (42 section U.S.C. 20 (A) payments made pursuant to section 21 1619(a) (42 U.S.C. 1382h) or subsections 22 (a)(4), (a)(7), or (p)(7) of section 1631 (42 23 U.S.C. 1383) of such Act; and 24 (B) State supplementary payments of the 25 type referred to in section 1616(a) of such Act L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00845 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 846 1 (42 U.S.C. 1382e(a)) (or payments of the type 2 described in section 212(a) of Public Law 93– 3 66) which are paid by the Commissioner under 4 an agreement referred to in such section 5 1616(a) (or section 212(a) of Public Law 93– 6 66). 7 (4) LIMITATION.—Notwithstanding paragraph 8 (1), no individual shall be considered an eligible indi- 9 vidual for purposes of subsection (a) if, for the last 10 month that ends prior to the date of enactment of 11 this Act— 12 (A) the individual is entitled to a social se- 13 curity insurance benefit described in paragraph 14 (2) that was not payable for such month by rea- 15 son of subsection (x) or (y) of section 202 the 16 Social Security Act (42 U.S.C. 402) or section 17 1129A of such Act (42 U.S.C. 1320a–8a); or 18 (B) the individual is eligible for a supple- 19 mental security income benefit described in 20 paragraph (3) that was not payable for such 21 month by reason of subsection (e)(1)(A) or 22 (e)(4) of section 1611 (42 U.S.C. 1382) or sec- 23 tion 1129A of such Act (42 U.S.C. 1320a–8a). 24 (c) LIMITATIONS ON PAYMENTS.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00846 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 847 1 REQUIREMENT.—A (1) RESIDENCY payment 2 under this section shall be made only to individuals 3 who reside in 1 of the 50 States, the District of Co- 4 lumbia, Puerto Rico, Guam, the United States Vir- 5 gin Islands, American Samoa, or the Northern Mar- 6 iana Islands, or who are utilizing a foreign or do- 7 mestic Army Post Office or Fleet Post Office ad- 8 dress. For purposes of the preceding sentence, the 9 determination of the individual’s residence shall be 10 based on the address of record, as of the date of cer- 11 tification under subsection (d) for a payment under 12 this section, under a program specified in paragraph 13 (b). 14 (2) TIMING 15 AND MANNER OF PAYMENTS.— (A) TIMING OF BASE AMOUNT PAYMENT.— 16 The Secretary of the Treasury shall commence 17 disbursing payments under subsection (a)(1) at 18 the earliest practicable date but in no event 19 later than 90 days after the date of enactment 20 of this Act. 21 (B) TIMING OF INCOME SUPPLEMENT 22 AMOUNT 23 Treasury shall disburse payments under sub- 24 section (a)(2) on a periodic basis in coordina- 25 tion with the timing of refunds and credits PAYMENTS.—The Secretary of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00847 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 848 1 made under section 6431(h)(3)(B) of the Inter- 2 nal Revenue Code of 1986. 3 (C) ELECTRONIC DISBURSEMENT.—The 4 Secretary of the Treasury may disburse any 5 payment electronically to an individual in such 6 manner as if such payment were a benefit pay- 7 ment made to such individual under the appli- 8 cable program described in paragraph (2) or (3) 9 of subsection (b). 10 (D) NOTICES.—The Commissioner of So- 11 cial Security shall send one or more notices, as 12 appropriate, in connection with such payments. 13 Such notices shall include the information de- 14 scribed in section 6431(h)(7)(A) of the Internal 15 Revenue Code of 1986 relating to such pay- 16 ments being subject to recapture. 17 (d) IDENTIFICATION OF RECIPIENTS.—The Commis- 18 sioner of Social Security shall certify the individuals enti19 tled to receive payments under this section and provide 20 the Secretary of the Treasury with the information needed 21 to disburse such payments. A certification of an individual 22 for payment shall be unaffected by any subsequent deter23 mination or redetermination of the individual’s entitlement 24 to, or eligibility for, a benefit specified in paragraph (2) 25 or (3) of subsection (b). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00848 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 849 1 (e) TREATMENT OF PAYMENTS.— 2 (1) PAYMENT DISREGARDED FOR PURPOSES OF 3 ALL 4 GRAMS.—A 5 be regarded as income or as a resource for any 6 month for purposes of determining the eligibility of 7 the recipient (or the recipient’s spouse or family) for 8 benefits or assistance, or the amount or extent of 9 benefits or assistance, under any Federal program 10 or under any State or local program financed in 11 whole or in part with Federal funds. 12 FEDERAL AND FEDERALLY ASSISTED PRO- payment under subsection (a) shall not (2) PAYMENT NOT CONSIDERED INCOME FOR 13 PURPOSES OF TAXATION.—A 14 section (a) shall not be considered as gross income 15 for purposes of the Internal Revenue Code of 1986. 16 (3) PAYMENTS payment under sub- PROTECTED FROM ASSIGN- 17 MENT.—The 18 1631(d)(1) of the Social Security Act (42 U.S.C. 19 407, 1383(d)(1)) shall apply to any payment made 20 under subsection (a) as if such payment was a ben- 21 efit payment made to such individual under the ap- 22 plicable program described in paragraph (2) or (3) 23 of subsection (b). 24 provisions (4) PAYMENTS 25 of sections 207 and PROTECTED FROM OFFSET AND RECLAMATION.—Notwithstanding paragraph (3), a L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00849 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 850 1 payment under subsection (a) shall not be subject to 2 any reduction, offset, or levy pursuant to— 3 (A) section 3716 or 3720A of title 31, 4 United States Code; 5 (B) section 6331 of the Internal Revenue 6 Code of 1986; or 7 (C) subsection (c), (d), (e), or (f) of section 8 6402 of the Internal Revenue Code of 1986. 9 (f) PAYMENT TO REPRESENTATIVE PAYEES.— 10 (1) IN GENERAL.—In any case in which an in- 11 dividual who is entitled to a payment under sub- 12 section (a) and whose benefit described in subsection 13 (b) is paid to a representative payee, the payment 14 under subsection (a) shall be made to the individ- 15 ual’s representative payee and the entire payment 16 shall be used only for the benefit of the individual 17 who is entitled to the payment. 18 (2) ENFORCEMENT.—Section 1129(a)(3) of the 19 Social Security Act (42 U.S.C. 1320a-8(a)(3)) shall 20 apply to any payment under subsection (a) in the 21 same manner as such section applies to a payment 22 under title II or XVI of such Act. 23 (g) COORDINATION.—The Secretary of the Treasury 24 and the Commissioner of Social Security shall coordinate L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00850 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 851 1 with respect to any payments made under this section or 2 section 6431(h) of the Internal Revenue Code of 1986. 3 (h) APPROPRIATION.—Out of any money in the 4 Treasury not otherwise appropriated, there is appro5 priated to the Commissioner of Social Security such sums 6 as may be necessary for payments to individuals certified 7 by the Commissioner of Social Security as entitled to re8 ceive a payment under this section, to remain available 9 until expended. 11 Subtitle B—Earned Income Tax Credit 12 SEC. 211. STRENGTHENING THE EARNED INCOME TAX 13 CREDIT FOR INDIVIDUALS WITH NO QUALI- 14 FYING CHILDREN. 10 15 (a) SPECIAL RULES FOR 2020 AND 2021.—Section 16 32 of the Internal Revenue Code of 1986 is amended by 17 adding at the end the following new subsection: 18 ‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITHOUT 19 QUALIFYING CHILDREN.—In the case of any taxable year 20 beginning in 2020 or 2021— 21 ‘‘(1) DECREASE 22 IN MINIMUM AGE FOR CRED- IT.— 23 ‘‘(A) IN GENERAL.—Subsection 24 (c)(1)(A)(ii)(II) shall be applied by substituting 25 ‘the applicable minimum age’ for ‘age 25’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00851 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 852 1 ‘‘(B) APPLICABLE MINIMUM AGE.—For 2 purposes of this paragraph, the term ‘applicable 3 minimum age’ means— 4 ‘‘(i) except as otherwise provided in 5 this subparagraph, age 19, 6 ‘‘(ii) in the case of a full-time student 7 (other than a qualified former foster youth 8 or a qualified homeless youth), age 25, and 9 ‘‘(iii) in the case of a qualified former 10 foster youth or qualified homeless youth, 11 age 18. 12 ‘‘(C) FULL-TIME STUDENT.—For purposes 13 of this paragraph, the term ‘full-time student’ 14 means, with respect to any taxable year, an in- 15 dividual who is an eligible student (as defined 16 in section 25A(b)(3)) during at least 5 calendar 17 months during the taxable year. 18 ‘‘(D) 19 YOUTH.—For 20 term ‘qualified former foster youth’ means an 21 individual who— QUALIFIED FORMER FOSTER purposes of this paragraph, the 22 ‘‘(i) on or after the date that such in- 23 dividual attained age 14, was in foster care 24 provided under the supervision or adminis- 25 tration of a State or tribal agency admin- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00852 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 853 1 istering (or eligible to administer) a plan 2 under part B or part E of the Social Secu- 3 rity Act (without regard to whether Fed- 4 eral assistance was provided with respect 5 to such child under such part E), and 6 ‘‘(ii) provides (in such manner as the 7 Secretary may provide) consent for State 8 and tribal agencies which administer a 9 plan under part B or part E of the Social 10 Security Act to disclose to the Secretary 11 information related to the status of such 12 individual as a qualified former foster 13 youth. 14 ‘‘(E) QUALIFIED HOMELESS YOUTH.—For 15 purposes of this paragraph, the term ‘qualified 16 homeless youth’ means, with respect to any tax- 17 able year, an individual who— 18 ‘‘(i) is certified by a local educational 19 agency or a financial aid administrator 20 during such taxable year as being either an 21 unaccompanied youth who is a homeless 22 child or youth, or as unaccompanied, at 23 risk of homelessness, and self-supporting. 24 Terms used in the preceding sentence 25 which are also used in section 480(d)(1) of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00853 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 854 1 the Higher Education Act of 1965 shall 2 have the same meaning as when used in 3 such section, and 4 ‘‘(ii) provides (in such manner as the 5 Secretary may provide) consent for local 6 educational agencies and financial aid ad- 7 ministrators to disclose to the Secretary in- 8 formation related to the status of such in- 9 dividual as a qualified homeless youth. 10 ‘‘(2) INCREASE IN MAXIMUM AGE FOR CRED- 11 IT.—Subsection 12 substituting ‘age 66’ for ‘age 65’. 13 (c)(1)(A)(ii)(II) shall be applied by ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER- 14 CENTAGES.—The 15 (b)(1) shall be applied by substituting ‘15.3’ for 16 ‘7.65’ each place it appears therein. 17 table contained in subsection ‘‘(4) INCREASE 18 IN EARNED INCOME AND PHASEOUT AMOUNTS.— 19 ‘‘(A) IN 20 GENERAL.—The table contained in subsection (b)(2)(A) shall be applied— 21 ‘‘(i) 22 ‘$4,220’, and 23 by substituting ‘$9,570’ for ‘‘(ii) by substituting ‘$11,310’ for 24 ‘$5,280’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00854 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 855 1 ‘‘(B) COORDINATION 2 WITH INFLATION AD- JUSTMENT.— 3 ‘‘(i) IN GENERAL.—In the case of any 4 taxable year beginning after 2019, the 5 $9,570 and $11,310 amounts in subpara- 6 graph (A) shall each be increased by an 7 amount equal to— 8 ‘‘(I) such dollar amount, multi- 9 plied by 10 ‘‘(II) the cost-of-living adjust- 11 ment determined under section 1(f)(3) 12 for the calendar year in which the tax- 13 able year begins, determined by sub- 14 stituting ‘2018’ for ‘2016’ in subpara- 15 graph (A)(ii) thereof. 16 ‘‘(ii) ROUNDING.—If any increase 17 under clause (i) is not a multiple of $10, 18 such increase shall be rounded to the near- 19 est multiple of $10. 20 ‘‘(iii) COORDINATION WITH OTHER IN- 21 FLATION 22 shall not apply to any dollar amount speci- 23 fied in this paragraph.’’. 24 ADJUSTMENT.—Subsection (j) (b) INFORMATION RETURN MATCHING.—As soon as 25 practicable, the Secretary of the Treasury (or the Sec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00855 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 856 1 retary’s delegate) shall develop and implement procedures 2 for checking an individual’s claim for a credit under sec3 tion 32 of the Internal Revenue Code of 1986, by reason 4 of subsection (n)(1) thereof, against any information re5 turn made with respect to such individual under section 6 6050S (relating to returns relating to higher education 7 tuition and related expenses). 8 (c) EFFECTIVE DATE.—The amendment made by 9 this section shall apply to taxable years beginning after 10 December 31, 2019. 11 SEC. 212. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED IN- 12 COME CREDIT IN CASE OF QUALIFYING CHIL- 13 DREN WHO FAIL TO MEET CERTAIN IDENTI- 14 FICATION REQUIREMENTS. 15 (a) IN GENERAL.—Section 32(c)(1) of the Internal 16 Revenue Code of 1986 is amended by striking subpara17 graph (F). 18 (b) EFFECTIVE DATE.—The amendment made by 19 this section shall apply to taxable years beginning after 20 the date of the enactment of this Act. 21 SEC. 213. CREDIT ALLOWED IN CASE OF CERTAIN SEPA- 22 RATED SPOUSES. 23 (a) IN GENERAL.—Section 32(d) of the Internal Rev- 24 enue Code of 1986 is amended— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00856 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 857 1 (1) by striking ‘‘MARRIED INDIVIDUALS.—In 2 the case of’’ and inserting the following: ‘‘MARRIED 3 INDIVIDUALS.— 4 ‘‘(1) IN 5 (2) by adding at the end the following new 6 GENERAL.—In the case of’’, and paragraph: 7 ‘‘(2) DETERMINATION 8 OF MARITAL STATUS.— For purposes of this section— 9 ‘‘(A) IN GENERAL.—Except as provided in 10 subparagraph (B), marital status shall be deter- 11 mined under section 7703(a). 12 ‘‘(B) SPECIAL RULE 13 SPOUSE.—An 14 married if such individual— FOR SEPARATED individual shall not be treated as 15 ‘‘(i) is married (as determined under 16 section 7703(a)) and does not file a joint 17 return for the taxable year, 18 ‘‘(ii) lives with a qualifying child of 19 the individual for more than one-half of 20 such taxable year, and 21 ‘‘(iii)(I) during the last 6 months of 22 such taxable year, does not have the same 23 principal place of abode as the individual’s 24 spouse, or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00857 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 858 1 ‘‘(II) has a decree, instrument, or 2 agreement (other than a decree of divorce) 3 described in section 121(d)(3)(C) with re- 4 spect to the individual’s spouse and is not 5 a member of the same household with the 6 individual’s spouse by the end of the tax- 7 able year.’’. 8 (b) CONFORMING AMENDMENTS.— 9 (1) Section 32(c)(1)(A) of such Code is amend- 10 ed by striking the last sentence. 11 (2) Section 32(c)(1)(E)(ii) of such Code is 12 amended by striking ‘‘(within the meaning of section 13 7703)’’. 14 (3) Section 32(d)(1) of such Code, as amended 15 by subsection (a), is amended by striking ‘‘(within 16 the meaning of section 7703)’’. 17 (c) EFFECTIVE DATE.—The amendments made by 18 this section shall apply to taxable years beginning after 19 the date of the enactment of this Act. 20 SEC. 214. ELIMINATION OF DISQUALIFIED INVESTMENT IN- 21 COME TEST. 22 (a) IN GENERAL.—Section 32 of the Internal Rev- 23 enue Code of 1986 is amended by striking subsection (i). 24 (b) CONFORMING AMENDMENTS.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00858 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 859 1 (1) Section 32(j)(1) of such Code is amended 2 by striking ‘‘subsections (b)(2) and (i)(1)’’ and in- 3 serting ‘‘subsection (b)(2)’’. 4 (2) Section 32(j)(1)(B)(i) of such Code is 5 amended by striking ‘‘subsections (b)(2)(A) and 6 (i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’. 7 (3) Section 32(j)(2) of such Code is amended— 8 (A) by striking subparagraph (B), and 9 (B) by striking ‘‘ROUNDING.—’’ and all 10 that follows through ‘‘If any dollar amount’’ 11 and inserting the following: ‘‘ROUNDING.—If 12 any dollar amount’’. 13 (c) EFFECTIVE DATE.—The amendments made by 14 this section shall apply to taxable years beginning after 15 the date of the enactment of this Act. 16 SEC. 215. APPLICATION OF EARNED INCOME TAX CREDIT 17 IN POSSESSIONS OF THE UNITED STATES. 18 (a) IN GENERAL.—Chapter 77 of the Internal Rev- 19 enue Code of 1986 is amended by adding at the end the 20 following new section: 21 ‘‘SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT 22 TO POSSESSIONS OF THE UNITED STATES. 23 ‘‘(a) PUERTO RICO.— 24 ‘‘(1) IN 25 GENERAL.—With respect to calendar year 2021 and each calendar year thereafter, the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00859 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 860 1 Secretary shall, except as otherwise provided in this 2 subsection, make payments to Puerto Rico equal 3 to— 4 ‘‘(A) the specified matching amount for 5 such calendar year, plus 6 ‘‘(B) in the case of calendar years 2021 7 through 2025, the lesser of— 8 ‘‘(i) the expenditures made by Puerto 9 Rico during such calendar year for edu- 10 cation efforts with respect to individual 11 taxpayers and tax return preparers relat- 12 ing to the earned income tax credit, or 13 ‘‘(ii) $1,000,000. 14 ‘‘(2) REQUIREMENT TO REFORM EARNED IN- 15 COME TAX CREDIT.—The 16 any payments under paragraph (1) with respect to 17 any calendar year unless Puerto Rico has in effect 18 an earned income tax credit for taxable years begin- 19 ning in or with such calendar year which (relative to 20 the earned income tax credit which was in effect for 21 taxable years beginning in or with calendar year 22 2019) increases the percentage of earned income 23 which is allowed as a credit for each group of indi- 24 viduals with respect to which such percentage is sep- Secretary shall not make L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00860 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 861 1 arately stated or determined in a manner designed 2 to substantially increase workforce participation. 3 ‘‘(3) SPECIFIED 4 poses of this subsection— 5 ‘‘(A) IN MATCHING AMOUNT.—For GENERAL.—The pur- term ‘specified 6 matching amount’ means, with respect to any 7 calendar year, the lesser of— 8 ‘‘(i) the excess (if any) of— 9 ‘‘(I) the cost to Puerto Rico of 10 the earned income tax credit for tax- 11 able years beginning in or with such 12 calendar year, over 13 ‘‘(II) the base amount for such 14 calendar year, or 15 ‘‘(ii) the product of 3, multiplied by 16 the base amount for such calendar year. 17 ‘‘(B) BASE 18 AMOUNT.— ‘‘(i) BASE AMOUNT FOR 2021.—In the 19 case of calendar year 2021, the term ‘base 20 amount’ means the greater of— 21 ‘‘(I) the cost to Puerto Rico of 22 the earned income tax credit for tax- 23 able years beginning in or with cal- 24 endar year 2019 (rounded to the 25 nearest multiple of $1,000,000), or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00861 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 862 1 ‘‘(II) $200,000,000. 2 ‘‘(ii) INFLATION ADJUSTMENT.—In 3 the case of any calendar year after 2021, 4 the term ‘base amount’ means the dollar 5 amount determined under clause (i) in- 6 creased by an amount equal to— 7 ‘‘(I) such dollar amount, multi- 8 plied by— 9 ‘‘(II) the cost-of-living adjust- 10 ment determined under section 1(f)(3) 11 for such calendar year, determined by 12 substituting ‘calendar year 2020’ for 13 ‘calendar year 2016’ in subparagraph 14 (A)(ii) thereof. 15 Any amount determined under this clause 16 shall be rounded to the nearest multiple of 17 $1,000,000. 18 ‘‘(4) RULES 19 RELATED TO PAYMENTS AND RE- PORTS.— 20 ‘‘(A) TIMING OF PAYMENTS.—The Sec- 21 retary shall make payments under paragraph 22 (1) for any calendar year— 23 ‘‘(i) after receipt of the report de- 24 scribed in subparagraph (B) for such cal- 25 endar year, and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00862 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 863 1 ‘‘(ii) except as provided in clause (i), 2 within a reasonable period of time before 3 the due date for individual income tax re- 4 turns (as determined under the laws of 5 Puerto Rico) for taxable years which began 6 on the first day of such calendar year. 7 ‘‘(B) ANNUAL REPORTS.—With respect to 8 calendar year 2021 and each calendar year 9 thereafter, Puerto Rico shall provide to the Sec- 10 retary a report which shall include— 11 ‘‘(i) an estimate of the costs described 12 in paragraphs (1)(B)(i) and (3)(A)(i)(I) 13 with respect to such calendar year, and 14 ‘‘(ii) a statement of such costs with 15 respect to the preceding calendar year. 16 ‘‘(C) ADJUSTMENTS.— 17 ‘‘(i) IN GENERAL.—In the event that 18 any estimate of an amount is more or less 19 than the actual amount as later deter- 20 mined and any payment under paragraph 21 (1) was determined on the basis of such 22 estimate, proper payment shall be made 23 by, or to, the Secretary (as the case may 24 be) as soon as practicable after the deter- 25 mination that such estimate was inac- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00863 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 864 1 curate. Proper adjustment shall be made in 2 the amount of any subsequent payments 3 made under paragraph (1) to the extent 4 that proper payment is not made under the 5 preceding sentence before such subsequent 6 payments. 7 ‘‘(ii) ADDITIONAL REPORTS.—The 8 Secretary may require such additional peri- 9 odic reports of the information described in 10 subparagraph (B) as the Secretary deter- 11 mines appropriate to facilitate timely ad- 12 justments under clause (i). 13 ‘‘(D) DETERMINATION OF COST OF 14 EARNED INCOME TAX CREDIT.—For 15 of this subsection, the cost to Puerto Rico of 16 the earned income tax credit shall be deter- 17 mined by the Secretary on the basis of the laws 18 of Puerto Rico and shall include reductions in 19 revenues received by Puerto Rico by reason of 20 such credit and refunds attributable to such 21 credit, but shall not include any administrative 22 costs with respect to such credit. 23 ‘‘(E) PREVENTION purposes OF MANIPULATION OF 24 BASE AMOUNT.—No 25 under paragraph (1) if the earned income tax payments shall be made L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00864 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 865 1 credit as in effect in Puerto Rico for taxable 2 years beginning in or with calendar year 2019 3 is modified after the date of the enactment of 4 this subsection. 5 6 ‘‘(b) POSSESSIONS WITH MIRROR CODE TAX SYSTEMS.— 7 ‘‘(1) IN GENERAL.—With respect to calendar 8 year 2021 and each calendar year thereafter, the 9 Secretary shall, except as otherwise provided in this 10 subsection, make payments to the Virgin Islands, 11 Guam, and the Commonwealth of the Northern Mar- 12 iana Islands equal to— 13 ‘‘(A) 75 percent of the cost to such posses- 14 sion of the earned income tax credit for taxable 15 years beginning in or with such calendar year, 16 plus 17 ‘‘(B) in the case of calendar years 2021 18 through 2025, the lesser of— 19 ‘‘(i) the expenditures made by such 20 possession during such calendar year for 21 education efforts with respect to individual 22 taxpayers and tax return preparers relat- 23 ing to such earned income tax credit, or 24 ‘‘(ii) $50,000. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00865 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 866 1 ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules 2 similar to the rules of subparagraphs (A), (B), (C), 3 and (D) of subsection (a)(4) shall apply for purposes 4 of this subsection. 5 ‘‘(c) AMERICAN SAMOA.— 6 ‘‘(1) IN GENERAL.—With respect to calendar 7 year 2021 and each calendar year thereafter, the 8 Secretary shall, except as otherwise provided in this 9 subsection, make payments to American Samoa 10 equal to— 11 ‘‘(A) the lesser of— 12 ‘‘(i) 75 percent of the cost to Amer- 13 ican Samoa of the earned income tax cred- 14 it for taxable years beginning in or with 15 such calendar year, or 16 ‘‘(ii) $12,000,000, plus 17 ‘‘(B) in the case of calendar years 2021 18 through 2025, the lesser of— 19 ‘‘(i) the expenditures made by Amer- 20 ican Samoa during such calendar year for 21 education efforts with respect to individual 22 taxpayers and tax return preparers relat- 23 ing to such earned income tax credit, or 24 ‘‘(ii) $50,000. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00866 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 867 1 ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN 2 AN EARNED INCOME TAX CREDIT.—The 3 shall not make any payments under paragraph (1) 4 with respect to any calendar year unless American 5 Samoa has in effect an earned income tax credit for 6 taxable years beginning in or with such calendar 7 year which allows a refundable tax credit to individ- 8 uals on the basis of the taxpayer’s earned income 9 which is designed to substantially increase workforce 10 Secretary participation. 11 ‘‘(3) INFLATION ADJUSTMENT.—In the case of 12 any calendar year after 2021, the $12,000,000 13 amount in paragraph (1)(A)(ii) shall be increased by 14 an amount equal to— 15 ‘‘(A) such dollar amount, multiplied by— 16 ‘‘(B) the cost-of-living adjustment deter- 17 mined under section 1(f)(3) for such calendar 18 year, determined by substituting ‘calendar year 19 2020’ for ‘calendar year 2016’ in subparagraph 20 (A)(ii) thereof. 21 Any increase determined under this clause shall be 22 rounded to the nearest multiple of $100,000. 23 ‘‘(4) APPLICATION 24 OF CERTAIN RULES.—Rules similar to the rules of subparagraphs (A), (B), (C), L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00867 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 868 1 and (D) of subsection (a)(4) shall apply for purposes 2 of this subsection. 3 ‘‘(d) TREATMENT OF PAYMENTS.—For purposes of 4 section 1324 of title 31, United States Code, the payments 5 under this section shall be treated in the same manner 6 as a refund due from a credit provision referred to in sub7 section (b)(2) of such section.’’. 8 (b) CLERICAL AMENDMENT.—The table of sections 9 for chapter 77 of such Code is amended by adding at the 10 end the following new item: ‘‘Sec. 7529. Application of earned income tax credit to possessions of the United States.’’. 11 Subtitle C—Child Tax Credit 12 SEC. 221. CHILD TAX CREDIT FULLY REFUNDABLE FOR 2020 13 THROUGH 2025. 14 (a) IN GENERAL.—Section 24(h)(5) of the Internal 15 Revenue Code of 1986 is amended to read as follows: 16 ‘‘(5) REFUNDABLE CREDIT.—The increase de- 17 termined under the first sentence of subsection 18 (d)(1) shall be the amount determined under sub- 19 paragraph (A) of such subsection (determined with- 20 out regard to paragraph (4) of this subsection).’’. 21 (b) EFFECTIVE DATE.—The amendment made by 22 this section shall apply to taxable years beginning after 23 December 31, 2019. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00868 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 869 1 SEC. 222. APPLICATION OF CHILD TAX CREDIT IN POSSES- 2 SIONS. 3 (a) IN GENERAL.—Section 24 of the Internal Rev- 4 enue Code of 1986 is amended by adding at the end the 5 following new subsection: 6 ‘‘(i) APPLICATION OF CREDIT IN POSSESSIONS.— 7 ‘‘(1) MIRROR 8 ‘‘(A) IN CODE POSSESSIONS.— GENERAL.—The Secretary shall 9 pay to each possession of the United States 10 with a mirror code tax system amounts equal to 11 the loss to that possession by reason of the ap- 12 plication of this section (determined without re- 13 gard to this subsection) with respect to taxable 14 years beginning after 2019. Such amounts shall 15 be determined by the Secretary of the Treasury 16 based on information provided by the govern- 17 ment of the respective possession. 18 ‘‘(B) COORDINATION WITH CREDIT AL- 19 LOWED 20 TAXES.—No 21 section for any taxable year to any individual to 22 whom a credit is allowable against taxes im- 23 posed by a possession with a mirror code tax 24 system by reason of the application of this sec- 25 tion in such possession for such taxable year. AGAINST UNITED STATES INCOME credit shall be allowed under this L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00869 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 870 1 ‘‘(C) MIRROR CODE TAX SYSTEM.—For 2 purposes of this paragraph, the term ‘mirror 3 code tax system’ means, with respect to any 4 possession of the United States, the income tax 5 system of such possession if the income tax li- 6 ability of the residents of such possession under 7 such system is determined by reference to the 8 income tax laws of the United States as if such 9 possession were the United States. 10 ‘‘(2) PUERTO RICO.—In the case of any bona 11 fide resident of Puerto Rico (within the meaning of 12 section 937(a))— 13 ‘‘(A) the credit determined under this sec- 14 tion shall be allowable to such resident, 15 ‘‘(B) in the case of any taxable year begin- 16 ning after December 31, 2021, and before Jan- 17 uary 1, 2027, the increase determined under 18 the first sentence of subsection (d)(1) shall be 19 the lesser of— 20 ‘‘(i) the amount determined under 21 subsection (d)(1)(A) (determined without 22 regard to subsection (h)(4)), or 23 ‘‘(ii) the dollar amount in effect under 24 subsection (h)(5), and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00870 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 871 1 ‘‘(C) in the case of any taxable year after 2 December 31, 2026, the increase determined 3 under the first sentence of subsection (d)(1) 4 shall be the amount determined under sub- 5 section (d)(1)(A). 6 ‘‘(3) AMERICAN 7 ‘‘(A) IN SAMOA.— GENERAL.—The Secretary shall 8 pay to American Samoa amounts estimated by 9 the Secretary as being equal to the aggregate 10 benefits that would have been provided to resi- 11 dents of American Samoa by reason of the ap- 12 plication of this section for taxable years begin- 13 ning after 2019 if the provisions of this section 14 had been in effect in American Samoa. 15 ‘‘(B) DISTRIBUTION REQUIREMENT.—Sub- 16 paragraph (A) shall not apply unless American 17 Samoa has a plan, which has been approved by 18 the Secretary, under which American Samoa 19 will promptly distribute such payments to the 20 residents of American Samoa in a manner 21 which replicates to the greatest degree prac- 22 ticable the benefits that would have been so 23 provided to each such resident. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00871 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 872 1 ‘‘(C) COORDINATION 2 LOWED 3 TAXES.— 4 AGAINST ‘‘(i) IN WITH UNITED STATES GENERAL.—In AL- CREDIT INCOME the case of a 5 taxable year with respect to which a plan 6 is approved under subparagraph (B), this 7 section (other than this subsection) shall 8 not apply to any individual eligible for a 9 distribution under such plan. 10 ‘‘(ii) APPLICATION OF SECTION IN 11 EVENT 12 PLAN.—In 13 respect to which a plan is not approved 14 under subparagraph (B), rules similar to 15 the rules of paragraph (2) shall apply with 16 respect to bona fide residents of American 17 Samoa (within the meaning of section 18 937(a)). 19 ‘‘(4) TREATMENT OF ABSENCE OF APPROVED the case of a taxable year with OF PAYMENTS.—The pay- 20 ments made under this subsection shall be treated in 21 the same manner for purposes of section 1324(b)(2) 22 of title 31, United States Code, as refunds due from 23 the credit allowed under this section.’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00872 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 873 1 (b) EFFECTIVE DATE.—The amendment made by 2 this section shall apply to taxable years beginning after 3 December 31, 2019. 4 SEC. 223. INCREASED CHILD TAX CREDIT FOR CHILDREN 5 WHO HAVE NOT ATTAINED AGE 6. 6 (a) IN GENERAL.—Section 24(h)(2) of the Internal 7 Revenue Code of 1986 is amended to read to as follows: 8 ‘‘(2) CREDIT AMOUNT.—Subsection (a) shall be 9 applied by substituting ‘$2,000 ($3,600 in the case 10 of a qualifying child who has not attained age 6 as 11 of the close of the calendar year in which the taxable 12 year of the taxpayer begins)’ for ‘$1,000’ ’’. 13 (b) EFFECTIVE DATE.—The amendment made by 14 this section shall apply to taxable years beginning after 15 December 31, 2019. 17 Subtitle D—Dependent Care Assistance 18 SEC. 231. REFUNDABILITY AND ENHANCEMENT OF CHILD 16 19 AND DEPENDENT CARE TAX CREDIT. 20 (a) IN GENERAL.—Section 21 of the Internal Rev- 21 enue Code of 1986 is amended by adding at the end the 22 following new subsection: 23 ‘‘(g) SPECIAL RULES FOR 2020 AND 2021.—In the 24 case of any taxable year beginning in 2020 or 2021— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00873 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 874 1 ‘‘(1) CREDIT MADE REFUNDABLE.—In the case 2 of an individual other than a nonresident alien, the 3 credit allowed under subsection (a) shall be treated 4 as a credit allowed under subpart C (and not allowed 5 under this subpart). 6 ‘‘(2) INCREASE 7 IN APPLICABLE PERCENTAGE.— Subsection (a)(2) shall be applied— 8 ‘‘(A) by substituting ‘50 percent’ for ‘35 9 percent ’, and 10 ‘‘(B) 11 ‘$15,000’. 12 ‘‘(3) INCREASE 13 by substituting for IN DOLLAR LIMIT ON AMOUNT CREDITABLE.—Subsection 14 ‘$120,000’ (c) shall be applied— ‘‘(A) by substituting ‘$6,000’ for ‘$3,000’ 15 in paragraph (1) thereof, and 16 ‘‘(B) by substituting ‘twice the amount in 17 effect under paragraph (1)’ for ‘$6,000’ in 18 paragraph (2) thereof. 19 ‘‘(4) INFLATION ADJUSTMENT OF DOLLAR 20 AMOUNTS.—In 21 ning after 2020, the $120,000 amount in paragraph 22 (2)(B) and the $6,000 amount in paragraph (3)(A) 23 shall each be increased by an amount equal to— 24 ‘‘(A) such dollar amount, multiplied by the case of any taxable year begin- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00874 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 875 1 ‘‘(B) the cost-of-living adjustment deter- 2 mined under section 1(f)(3) for the calendar 3 year in which the taxable year begins, deter- 4 mined by substituting ‘2019’ for ‘2016’ in sub- 5 paragraph (A)(ii) thereof. 6 If any increase determined under this paragraph is 7 not a multiple of $100, such increase shall be round- 8 ed to the next lowest multiple of $100. 9 ‘‘(5) INCOME 10 ‘‘(A) LIMITATION.— IN GENERAL.—Paragraphs (1) 11 through (4) of this subsection shall not apply to 12 any taxpayer for any taxable year if the modi- 13 fied adjusted gross income of such taxpayer for 14 such taxable year exceeds $1,000,000. 15 ‘‘(B) MODIFIED ADJUSTED GROSS IN- 16 COME.—For 17 term ‘modified adjusted gross income’ means 18 adjusted gross income determined without re- 19 gard to sections 911, 931, and 933.’’. 20 purposes of this paragraph, the (b) CONFORMING AMENDMENT.—Section 1324(b)(2) 21 of title 31, United States Code, is amended by inserting 22 ‘‘21 (by reason of subsection (g) thereof),’’ before ‘‘25A’’. 23 24 (c) COORDINATION WITH POSSESSION TAX SYSTEMS.—Section 21(g)(1) of the Internal Revenue Code of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00875 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 876 1 1986 (as added by this section) shall not apply to any per2 son— 3 (1) to whom a credit is allowed against taxes 4 imposed by a possession with a mirror code tax sys- 5 tem by reason of the application of section 21 of 6 such Code in such possession for such taxable year, 7 or 8 (2) to whom a credit would be allowed against 9 taxes imposed by a possession which does not have 10 a mirror code tax system if the provisions of section 11 21 of such Code had been in effect in such posses- 12 sion for such taxable year. 13 (d) EFFECTIVE DATE.—The amendments made by 14 this section shall apply to taxable years beginning after 15 December 31, 2019. 16 SEC. 232. INCREASE IN EXCLUSION FOR EMPLOYER-PRO- 17 VIDED DEPENDENT CARE ASSISTANCE. 18 (a) IN GENERAL.—Section 129(a)(2) of the Internal 19 Revenue Code of 1986 is amended by adding at the end 20 the following new subparagraph: 21 ‘‘(D) SPECIAL RULE FOR 2021 AND 2022.— 22 In the case of any taxable year beginning in 23 2021 or 2022— 24 ‘‘(i) IN 25 GENERAL.—Subparagraph (A) shall be applied be substituting ‘$10,500 L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00876 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 877 1 (half such dollar amount’ for ‘$5,000 2 ($2,500’. 3 ‘‘(ii) INFLATION ADJUSTMENT.—In 4 the case of any taxable year beginning 5 after 2021, the $10,500 amount in clause 6 (i) shall be increased by an amount equal 7 to— 8 ‘‘(I) such dollar amount, multi- 9 plied by 10 ‘‘(II) the cost-of-living adjust- 11 ment determined under section 1(f)(3) 12 for the calendar year in which the tax- 13 able year begins, determined by sub- 14 stituting ‘2020’ for ‘2016’ in subpara- 15 graph (A)(ii) thereof. 16 Any increase determined under the pre- 17 ceding sentence which is not a multiple of 18 $50, shall be rounded to the nearest mul- 19 tiple of $50.’’. 20 (b) EFFECTIVE DATE.—The amendment made by 21 this section shall apply to taxable years beginning after 22 December 31, 2020. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00877 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 878 1 Subtitle E—Net Operating Losses 2 SEC. 241. FIVE-YEAR CARRYBACK OF NET OPERATING 3 LOSSES AND TEMPORARY SUSPENSION OF 4 TAXABLE INCOME LIMITATION. 5 (a) IN GENERAL.—Section 172 of the Internal Rev- 6 enue Code of 1986 is amended by redesignating subsection 7 (g) as subsection (h) and by inserting after subsection (f) 8 the following new subsection: 9 ‘‘(g) SPECIAL RULES FOR 2018, 2019, and 2020.— 10 For purposes of this section— 11 ‘‘(1) FIVE-YEAR 12 ‘‘(A) IN CARRYBACK.— GENERAL.—Any net operating loss 13 arising in a taxable year beginning after De- 14 cember 31, 2017, and before January 1, 15 2021— 16 ‘‘(i) shall be a net operating loss 17 carryback to each of the 5 taxable years 18 preceding the taxable year of such loss 19 (but not to any taxable year beginning be- 20 fore January 1, 2015), and 21 ‘‘(ii) subparagraphs (B) and (C)(i) of 22 subsection (b)(1) shall not apply. 23 ‘‘(B) ELECTION OUT.—A taxpayer may 24 elect not to have subparagraph (A) apply for 25 any taxable year. Such election shall be made in L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00878 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 879 1 such manner as may be prescribed by the Sec- 2 retary, and shall be made— 3 ‘‘(i) in the case of any election relat- 4 ing to a net operating loss arising in a tax- 5 able year beginning in 2018 or 2019, by 6 the due date (including extension of time) 7 for filing the return for the taxpayer’s first 8 taxable year ending after the date of the 9 enactment of this subparagraph. 10 ‘‘(ii) in the case of any election relat- 11 ing to a net operating loss arising in a tax- 12 able year beginning in 2020, by the due 13 date (including extensions of time) for 14 such taxable year. 15 Any such election, once made, shall be irrev- 16 ocable. 17 ‘‘(2) SUSPENSION OF NET OPERATING LOSS 18 LIMITATION.—For 19 cember 31, 2017, and before January 1, 2021, the 20 amount of the deduction allowed under subsection 21 (a) shall be the aggregate of the net operating loss 22 carryovers to such year, plus the net operating loss 23 carrybacks to such year. 24 taxable years beginning after De- ‘‘(3) DISQUALIFIED 25 TAXPAYER.—Paragraphs (1) and (2) shall not apply with respect to any tax- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00879 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 880 1 able year in which the taxpayer is a disqualified tax- 2 payer. Any taxpayer who is a disqualified taxpayer 3 in the first taxable year ending after the date of the 4 enactment of this paragraph, shall be treated as a 5 disqualified taxpayer for taxable years beginning on 6 or after January 1, 2018. 7 ‘‘(4) DEFINITIONS.—For purposes of this sub- 8 section— 9 ‘‘(A) DISQUALIFIED TAXPAYER.—A tax- 10 payer is a disqualified taxpayer with respect to 11 a taxable year if— 12 ‘‘(i) in the case of a taxable year end- 13 ing after December 31, 2019, and begin- 14 ning before January 1, 2021, the taxpayer 15 (or any related person) is not allowed a de- 16 duction under this chapter for the taxable 17 year by reason of section 162(m) or section 18 280G, or 19 ‘‘(ii) the taxpayer (or any related per- 20 son) is a specified corporation for the tax- 21 able year. 22 ‘‘(B) SPECIFIED 23 ‘‘(i) IN CORPORATION.— GENERAL.—The term ‘speci- 24 fied corporation’ means, with respect to 25 any taxable year, a corporation the aggre- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00880 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 881 1 gate distributions (including redemptions) 2 of which during any taxable year ending 3 after December 31, 2017, exceed the sum 4 of applicable stock issued of such corpora- 5 tion and 5 percent of the fair market value 6 of the stock of such corporation as of the 7 last day of the taxable year. 8 ‘‘(ii) APPLICABLE STOCK ISSUED.— 9 The term ‘applicable stock issued’ means, 10 with respect to any corporation, the aggre- 11 gate value of stock issued by the corpora- 12 tion during any taxable year ending after 13 December 31, 2017, in exchange for money 14 or property other than stock in such cor- 15 poration. 16 ‘‘(iii) CERTAIN 17 DISREGARDED.—For 18 (i), stock described in section 1504(a)(4), 19 and distributions (including redemptions) 20 with respect to such stock, shall be dis- 21 regarded. 22 ‘‘(C) RELATED PREFERRED STOCK purposes of clause PERSON.—A person is a re- 23 lated person to a taxpayer if the related person 24 bears a relationship to the taxpayer specified in 25 section 267(b) or section 707(b)(1). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00881 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 882 1 ‘‘(5) SPECIAL RULE FOR LIFE INSURANCE COM- 2 PANIES.—In 3 insurance company which arises in a taxable year 4 beginning after December 31, 2017, and before Jan- 5 uary 1, 2021, and which is a net operating loss 6 carryback to a taxable year beginning before Janu- 7 ary 1, 2018, such net operating loss shall be treated 8 as an operations loss deduction under subchapter L 9 (as in effect before the enactment of Public Law 10 115–97) with respect to such taxable year in the 11 same manner as a loss arising in a taxable year be- 12 ginning before January 1, 2018.’’. 13 (b) COORDINATION WITH TAXABLE YEAR the case of a net operating loss of a life 14 WHICH DEFERRED FOREIGN INCOME TREATED 15 PART AS FOR SUB- F INCOME.—Section 965(n) of such Code is amend- 16 ed by adding at the end the following new paragraph: 17 ‘‘(4) DEEMED ELECTION IN CASE OF CERTAIN 18 NET OPERATING LOSS CARRYBACKS.—In 19 a net operating loss carryback to such taxable year 20 by reason of section 172(g)(1), the taxpayer shall be 21 treated as having elected the application of this sub- 22 section for such taxable year.’’. 23 (c) CONFORMING AMENDMENT.—Section 172(b)(1) the case of 24 of such Code is amended by inserting ‘‘and subsection (g)’’ 25 after ‘‘this paragraph’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00882 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 883 1 (d) REGULATORY AUTHORITY.—The Secretary of the 2 Treasury (or the Secretary’s delegate) shall prescribe such 3 regulations or other guidance as are necessary or appro4 priate to prevent the abuse of the purposes of the amend5 ments made by this section, including— 6 (1) anti-stuffing rules, anti-churning rules (in- 7 cluding rules relating to sale-leasebacks), and rules 8 similar to the rules under section 1091 of the Inter- 9 nal Revenue Code of 1986 relating to losses from 10 wash sales, 11 (2) rules applying this subsection to successor 12 corporations and in cases where a taxpayer becomes, 13 or ceases to be, a member of an affiliated group fil- 14 ing a consolidated return under section 1501 of such 15 Code, 16 (3) rules treating members of an affiliated 17 group filing a consolidated return under section 18 1501 of such Code as a single corporation, and 19 (4) rules to prevent the avoidance of this sec- 20 tion through related parties, pass-through entities, 21 and intermediaries. 22 (e) SPECIAL RULES.—Rules similar to the rules of 23 subparagraphs (B) and (D) of section 172(b)(1) of the 24 Internal Revenue Code of 1986, as in effect on the day 25 before the date of the enactment of Public Law 115–97, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00883 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 884 1 shall apply to any net operating loss to which the amend2 ment made by this section applies. The Secretary of the 3 Treasury (or the Secretary’s delegate) shall prescribe such 4 regulations or other guidance as are necessary or appro5 priate to effect the purposes of such subparagraphs with 6 respect to any such net operating losses. 7 (f) EFFECTIVE DATE.— 8 (1) NET 9 OPERATING LOSS LIMITATION.—Ex- cept as provided in paragraph (2), the amendments 10 made by subsections (a) shall apply to— 11 (A) taxable years beginning after Decem- 12 ber 31, 2017, and 13 (B) taxable years beginning on or before 14 December 31, 2017, to which net operating 15 losses arising in taxable years beginning after 16 December 31, 2017, are carried. 17 (2) CARRYBACKS.—In the case of the amend- 18 ments made by subsections (b) and (c), and so much 19 of subsection (a) as relates to the carryback of net 20 operating losses, such amendments shall apply to net 21 operating losses arising in taxable years ending after 22 December 31, 2017, and beginning before January 23 1, 2021. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00884 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 885 2 Subtitle F—Employee Retention Credit 3 SEC. 251. PAYROLL CREDIT FOR CERTAIN EMPLOYERS AF- 1 4 FECTED BY COVID–19. 5 (a) IN GENERAL.—In the case of an eligible em- 6 ployer, there shall be allowed as a credit against the tax 7 imposed by section 3111(a) or 3221(a) of the Internal 8 Revenue Code of 1986 for each calendar quarter an 9 amount equal to 80 percent of the qualified wages allo10 cable to the inoperable trade or business with respect to 11 each employee of such employer for such calendar quarter. 12 (b) LIMITATIONS AND REFUNDABILITY.— 13 (1) WAGES TAKEN INTO ACCOUNT.—The 14 amount of qualified wages with respect to any em- 15 ployee which may be taken into account under sub- 16 section (a) by the eligible employer for all calendar 17 quarters shall not exceed $10,000. 18 (2) 19 TAXES.—The 20 respect to any calendar quarter shall not exceed the 21 tax imposed by section 3111(a) or 3221(a) of the 22 Internal Revenue Code of 1986 for such calendar 23 quarter (reduced by any credits allowed under sub- 24 sections (e) and (f) of section 3111 and sections 25 7001 and 7003 of the Families First Coronavirus CREDIT LIMITED TO EMPLOYMENT credit allowed by subsection (a) with L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00885 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 886 1 Response Act) on the wages paid with respect to the 2 employment of all the employees of the eligible em- 3 ployer. 4 (3) REFUNDABILITY 5 (A) IN OF EXCESS CREDIT.— GENERAL.—If the amount of the 6 credit under subsection (a) exceeds the limita- 7 tion of paragraph (2) for any calendar quarter, 8 such excess shall be treated as an overpayment 9 that shall be refunded under sections 6402(a) 10 and 6413(b) of such Code. 11 (B) TREATMENT OF PAYMENTS.—For pur- 12 poses of section 1324 of title 31, United States 13 Code, any amounts due to the employer under 14 this paragraph shall be treated in the same 15 manner as a refund due from a credit provision 16 referred to in subsection (b)(2) of such section. 17 (c) DEFINITIONS.—For purposes of this section— 18 (1) ELIGIBLE 19 EMPLOYER.—The term ‘‘eligible employer’’ means an employer— 20 (A) which conducted an active trade or 21 business on January 31, 2020, 22 (B) with respect to which such trade or 23 business is an inoperable trade or business after 24 January 31, 2020 during any calendar quarter, 25 and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00886 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 887 1 (C) which had either— 2 (i) no more than 1,500 full-time 3 equivalent employees (as defined in section 4 45R(d)(2) of the Internal Revenue Code of 5 1986) for calendar year 2019, or 6 (ii) no more than $41.5 million in 7 gross receipts in calendar year 2019. 8 (2) INOPERABLE TRADE OR BUSINESS.—The 9 term ‘‘inoperable trade or business’’ means any 10 trade or business of an eligible employer for which 11 gross receipts for the calendar quarter are less than 12 80 percent of gross receipts for the same calendar 13 quarter for the prior year. 14 (3) QUALIFIED WAGES.—The term ‘‘qualified 15 wages’’ means wages (as defined in section 3121(a) 16 of such Code) or compensation (as defined in section 17 3231(e) of such Code) paid or incurred by an eligi- 18 ble employer with respect to an employee on any day 19 after January 31, 2020 and before December 31, 20 2020 that falls during the designated period, except 21 that such term shall not include any wages taken 22 into account under section 7001 or section 7003 of 23 the Families First Coronavirus Response Act. 24 (4) DESIGNATED 25 PERIOD.—The term ‘‘des- ignated period’’ means the period— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00887 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 888 1 (A) beginning in the calendar quarter in 2 which the trade or business became an inoper- 3 able trade or business, and 4 (B) ending in the calendar quarter for 5 which the gross receipts of the trade or busi- 6 ness of the eligible employer are greater than 7 90 percent of gross receipts for the same cal- 8 endar quarter for the prior year. 9 Such term shall include wages paid or incurred with- 10 out regard to whether the employee performs no 11 services, performs services at a different place of em- 12 ployment, or performs services during the period in 13 which the eligible employer is an inoperable trade or 14 business. 15 (d) AGGREGATION RULE.—All persons treated as a 16 single employer under subsection (a) or (b) of section 52 17 of such Code, or subsection (m) or (o) of section 414 of 18 such Code, shall be treated as one eligible employer for 19 purposes of this section. 20 (e) DENIAL OF DOUBLE BENEFIT.—For purposes of 21 chapter 1 of such Code, the gross income of the employer 22 for the taxable year which includes the last day of any 23 calendar quarter with respect to which a credit is allowed 24 under this section shall be increased by the amount of 25 such credit. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00888 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 889 1 (f) SPECIAL RULE FOR THIRD PARTY PAYORS.—Any 2 credit allowed under this section shall be treated as a cred3 it described in section 3511(d)(2) of such Code. 4 (g) ELECTION NOT TO HAVE SECTION APPLY.—This 5 section shall not apply with respect to any eligible em6 ployer for any calendar quarter if such employer elects (at 7 such time and in such manner as the Secretary of the 8 Treasury (or the Secretary’s delegate) may prescribe) not 9 to have this section apply. 10 (h) EMPLOYEE NOT TAKEN INTO ACCOUNT MORE 11 THAN ONCE.—An employee shall not be treated as an em12 ployee for purposes of this section for any period with re13 spect to any employer if such employer is allowed a credit 14 under section 51 of such Code with respect to such em15 ployee for such period. 16 (i) REGULATIONS.—The Secretary of the Treasury 17 (or the Secretary’s delegate) shall prescribe such regula18 tions or other guidance as may be necessary to carry out 19 the purposes of this section, including— 20 (1) regulations or other guidance providing for 21 waiver of penalties for failure to deposit amounts in 22 anticipation of the allowance of the credit allowed 23 under this section, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00889 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 890 1 (2) regulations or other guidance regarding the 2 form and manner for recapturing credits under this 3 section, 4 (3) regulations or other guidance to prevent the 5 avoidance of the purposes of this section, 6 (4) regulations or other guidance describing 7 proper calculation of gross receipts for purposes of 8 subsection (c) for eligible employers that did not op- 9 erate a trade or business in prior calendar quarters, 10 and 11 (5) regulations or other guidance regarding the 12 application of the credit under subsection (a) to 13 third party payors (including professional employer 14 organizations, certified professional employer organi- 15 zations, or agents under section 3504 of such Code), 16 including regulations or other guidance allowing 17 such payors to submit documentation necessary to 18 substantiate the eligible employer status of employ- 19 ers that use such payors. 20 (j) TRANSFERS 21 VIVORS INSURANCE TO FEDERAL OLD-AGE AND SUR- TRUST FUND.—There are hereby ap- 22 propriated to the Federal Old-Age and Survivors Insur23 ance Trust Fund and the Federal Disability Insurance 24 Trust Fund established under section 201 of the Social 25 Security Act (42 U.S.C. 401) and the Social Security L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00890 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 891 1 Equivalent Benefit Account established under section 2 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 3 14 231n–1(a)) amounts equal to the reduction in revenues 4 to the Treasury by reason of this section (without regard 5 to this subsection). Amounts appropriated by the pre6 ceding sentence shall be transferred from the general fund 7 at such times and in such manner as to replicate to the 8 extent possible the transfers which would have occurred 9 to such Trust Fund or Account had this section not been 10 enacted. Subtitle G—Credits for Paid Sick and Family Leave 11 12 13 SEC. 261. EXTENSION OF CREDITS. 14 Sections 7001(g), 7002(e), 7003(g), and 7004(e) of 15 Public Law 116–127 are each amended by striking 16 ‘‘2020’’ and inserting ‘‘2021’’. 17 SEC. 262. REPEAL OF REDUCED RATE OF CREDIT FOR CER- 18 TAIN LEAVE. 19 (a) PAYROLL CREDIT.—Section 7001(b) of Public 20 Law 116–127 is amended by striking ‘‘$200 ($511 in the 21 case of any day any portion of which is paid sick time 22 described in paragraph (1), (2), or (3) of section 5102(a) 23 of the Emergency Paid Sick Leave Act)’’ and inserting 24 ‘‘$511’’. 25 (b) SELF-EMPLOYED CREDIT.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00891 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 892 1 GENERAL.—Section (1) IN 2 7002(c)(1)(B) of Public Law 116–127 is amended to read as follows: 3 ‘‘(B) the lesser of— 4 ‘‘(i) $511, or 5 ‘‘(ii) the average daily self-employ- 6 ment income of the individual for the tax- 7 able year.’’. 8 (2) CONFORMING AMENDMENT.—Section 9 7002(d)(3) of Public Law 116–127 is amended by 10 striking ‘‘$2,000 ($5,110 in the case of any day any 11 portion of which is paid sick time described in para- 12 graph (1), (2), or (3) of section 5102(a) of the 13 Emergency Paid Sick Leave Act)’’ and inserting 14 ‘‘$5,110’’. 15 SEC. 263. FEDERAL, STATE, AND LOCAL GOVERNMENTS AL- 16 LOWED TAX CREDITS FOR PAID SICK AND 17 PAID FAMILY AND MEDICAL LEAVE. 18 (a) CREDIT FOR REQUIRED PAID SICK LEAVE.—Sec- 19 tion 7001(e) of Public Law 116–127 is amended by strik20 ing paragraph (4). 21 (b) CREDIT FOR REQUIRED PAID FAMILY LEAVE.— 22 Section 7003(e) of Public Law 116–127 is amended by 23 striking paragraph (4). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00892 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 893 1 SEC. 264. CREDITS NOT ALLOWED TO CERTAIN LARGE EM- 2 PLOYERS. 3 (a) CREDIT FOR REQUIRED PAID SICK LEAVE.— 4 (1) IN GENERAL.—Section 7001(a) of Public 5 Law 116–127 is amended by striking ‘‘In the case 6 of an employer’’ and inserting ‘‘In the case of an eli- 7 gible employer’’. 8 (2) ELIGIBLE EMPLOYER.—Section 7001(c) of 9 Public Law 116–127 is amended by striking ‘‘For 10 purposes of this section, the term’’ and all that pre- 11 cedes it and inserting the following: 12 ‘‘(c) DEFINITIONS.—For purposes of this section— 13 ‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible 14 employer’ means any employer other an applicable 15 large employer (as defined in section 4980H(c)(2), 16 determined by substituting ‘500’ for ‘50’ each place 17 it appears in subparagraphs (A) and (B) thereof and 18 without regard to subparagraphs (D) and (F) there- 19 of). For purposes of the preceding sentence, the 20 Government of the United States, the government of 21 any State or political subdivision thereof, or any 22 agency or instrumentality of any of the foregoing, 23 shall not be treated as an applicable large employer. 24 ‘‘(2) QUALIFIED 25 term’’. 26 (b) CREDIT FOR SICK LEAVE WAGES.—The REQUIRED PAID FAMILY LEAVE.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00893 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 894 1 (1) IN GENERAL.—Section 7003(a) of Public 2 Law 116–127 is amended by striking ‘‘In the case 3 of an employer’’ and inserting ‘‘In the case of an eli- 4 gible employer’’. 5 (2) ELIGIBLE EMPLOYER.—Section 7003(c) of 6 Public Law 116–127 is amended by striking ‘‘For 7 purposes of this section, the term’’ and all that pre- 8 cedes it and inserting the following: 9 ‘‘(c) DEFINITIONS.—For purposes of this section— 10 ‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible 11 employer’ means any employer other an applicable 12 large employer (as defined in section 4980H(c)(2), 13 determined by substituting ‘500’ for ‘50’ each place 14 it appears in subparagraphs (A) and (B) thereof and 15 without regard to subparagraphs (D) and (F) there- 16 of). For purposes of the preceding sentence, the 17 Government of the United States, the government of 18 any State or political subdivision thereof, or any 19 agency or instrumentality of any of the foregoing, 20 shall not be treated as an applicable large employer. 21 ‘‘(2) QUALIFIED 22 FAMILY LEAVE WAGES.—The term’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00894 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 895 1 SEC. 265. EFFECTIVE DATE. 2 The amendments made by this title shall take effect 3 as if included in the provisions of Public Law 116–127 4 to which they relate. TITLE III—ADMINISTRATIVE 5 6 SEC. 301. DELAY OF CERTAIN DEADLINES. 7 (a) FILING DEADLINES FOR 2019.—In the case of 8 any return required to be filed for a taxable year ending 9 in 2019, including for purposes of section 6151(a) of the 10 Internal Revenue Code of 1986, section 6072(a) of such 11 Code shall be applied— 12 (1) by substituting ‘‘July’’ for ‘‘April’’, and 13 (2) by substituting ‘‘the seventh month’’ for 14 ‘‘the fourth month’’. 15 (b) ESTIMATED TAX PAYMENTS 16 FOR INDIVID- UALS.— 17 (1) IN GENERAL.—In the case of an individual, 18 the due date for any required installment under sec- 19 tion 6654 of the Internal Revenue Code of 1986 20 which (but for the application of this section) would 21 be due during the applicable period shall not be due 22 before October 15, 2020, and all such installments 23 shall be treated as one installment due on such date. 24 The Secretary of the Treasury (or the Secretary’s 25 delegate) shall prescribe such regulations or other L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00895 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 896 1 guidance as may be necessary to carry out the pur- 2 poses of this subsection. 3 (2) APPLICABLE PERIOD.—For purposes of this 4 subsection, the applicable period is the period begin- 5 ning on the date of the enactment of this Act and 6 ending before October 15, 2020. 8 TITLE IV—RETIREMENT PROVISIONS 9 SEC. 401. SPECIAL RULES FOR USE OF RETIREMENT 7 10 FUNDS. 11 12 (a) TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS.— 13 (1) IN GENERAL.—Section 72(t) of the Internal 14 Revenue Code of 1986 shall not apply to any 15 coronavirus-related distribution. 16 (2) AGGREGATE 17 (A) IN DOLLAR LIMITATION.— GENERAL.—For purposes of this 18 subsection, the aggregate amount of distribu- 19 tions received by an individual which may be 20 treated as coronavirus-related distributions for 21 any taxable year shall not exceed $100,000. 22 (B) TREATMENT OF PLAN DISTRIBU- 23 TIONS.—If 24 (without regard to subparagraph (A)) be a 25 coronavirus-related distribution, a plan shall not a distribution to an individual would L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00896 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 897 1 be treated as violating any requirement of the 2 Internal Revenue Code of 1986 merely because 3 the 4 coronavirus-related distribution, unless the ag- 5 gregate amount of such distributions from all 6 plans maintained by the employer (and any 7 member of any controlled group which includes 8 the employer) to such individual exceeds 9 $100,000. 10 plan treats such (C) CONTROLLED distribution GROUP.—For as a purposes 11 of subparagraph (B), the term ‘‘controlled 12 group’’ means any group treated as a single 13 employer under subsection (b), (c), (m), or (o) 14 of section 414 of the Internal Revenue Code of 15 1986. 16 (3) AMOUNT 17 (A) IN DISTRIBUTED MAY BE REPAID.— GENERAL.—Any individual who re- 18 ceives a coronavirus-related distribution may, at 19 any time during the 3-year period beginning on 20 the day after the date on which such distribu- 21 tion was received, make 1 or more contributions 22 in an aggregate amount not to exceed the 23 amount of such distribution to an eligible retire- 24 ment plan of which such individual is a bene- 25 ficiary and to which a rollover contribution of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00897 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 898 1 such distribution could be made under section 2 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 3 457(e)(16), of the Internal Revenue Code of 4 1986, as the case may be. 5 (B) TREATMENT OF REPAYMENTS OF DIS- 6 TRIBUTIONS 7 PLANS OTHER THAN IRAS.—For 8 the Internal Revenue Code of 1986, if a con- 9 tribution is made pursuant to subparagraph (A) 10 with respect to a coronavirus-related distribu- 11 tion from an eligible retirement plan other than 12 an individual retirement plan, then the taxpayer 13 shall, to the extent of the amount of the con- 14 tribution, be treated as having received the 15 coronavirus-related distribution in an eligible 16 rollover distribution (as defined in section 17 402(c)(4) of such Code) and as having trans- 18 ferred the amount to the eligible retirement 19 plan in a direct trustee to trustee transfer with- 20 in 60 days of the distribution. 21 FROM (C) TREATMENT ELIGIBLE RETIREMENT purposes of OF REPAYMENTS OF DIS- 22 TRIBUTIONS FROM IRAS.—For 23 Internal Revenue Code of 1986, if a contribu- 24 tion is made pursuant to subparagraph (A) 25 with respect to a coronavirus-related distribu- purposes of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00898 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 899 1 tion from an individual retirement plan (as de- 2 fined by section 7701(a)(37) of such Code), 3 then, to the extent of the amount of the con- 4 tribution, the coronavirus-related distribution 5 shall be treated as a distribution described in 6 section 408(d)(3) of such Code and as having 7 been transferred to the eligible retirement plan 8 in a direct trustee to trustee transfer within 60 9 days of the distribution. 10 (4) DEFINITIONS.—For purposes of this sub- 11 section— 12 (A) CORONAVIRUS-RELATED DISTRIBU- 13 TION.—Except 14 the 15 means any distribution from an eligible retire- 16 ment plan made— 17 term as provided in paragraph (2), ‘‘coronavirus-related distribution’’ (i) on or after January 1, 2020, and 18 before December 31, 2020, 19 (ii) to an individual— 20 (I) who is diagnosed with the 21 virus 22 coronavirus disease 2019 (COVID– 23 19) by a test approved by the Centers 24 for Disease Control and Prevention, SARS–CoV–2 or with L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00899 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 900 1 (II) whose spouse or dependent 2 (as defined in section 152 of the In- 3 ternal Revenue Code of 1986) is diag- 4 nosed with such virus or disease by 5 such a test, or 6 (III) who experiences adverse fi- 7 nancial consequences as a result of 8 being quarantined, being furloughed 9 or laid off or having work hours re- 10 duced due to such virus or disease, 11 being unable to work due to lack of 12 child care due to such virus or dis- 13 ease, closing or reducing hours of a 14 business owned or operated by the in- 15 dividual due to such virus or disease, 16 or other factors as determined by the 17 Secretary of the Treasury (or the Sec- 18 retary’s delegate). 19 (B) EMPLOYEE CERTIFICATION.—The ad- 20 ministrator of an eligible retirement plan may 21 rely on an employee’s certification that the em- 22 ployee satisfies the conditions of subparagraph 23 (A)(ii) in determining whether any distribution 24 is a coronavirus-related distribution. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00900 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 901 1 (C) ELIGIBLE RETIREMENT PLAN.—The 2 term ‘‘eligible retirement plan’’ has the meaning 3 given such term by section 402(c)(8)(B) of the 4 Internal Revenue Code of 1986. 5 (5) INCOME 6 INCLUSION SPREAD OVER 3-YEAR PERIOD.— 7 (A) IN GENERAL.—In the case of any 8 coronavirus-related distribution, unless the tax- 9 payer elects not to have this paragraph apply 10 for any taxable year, any amount required to be 11 included in gross income for such taxable year 12 shall be so included ratably over the 3-taxable- 13 year period beginning with such taxable year. 14 (B) SPECIAL RULE.—For purposes of sub- 15 paragraph (A), rules similar to the rules of sub- 16 paragraph (E) of section 408A(d)(3) of the In- 17 ternal Revenue Code of 1986 shall apply. 18 (6) SPECIAL 19 RULES.— (A) EXEMPTION OF DISTRIBUTIONS FROM 20 TRUSTEE TO TRUSTEE TRANSFER AND WITH- 21 HOLDING 22 401(a)(31), 402(f), and 3405 of the Internal 23 Revenue Code of 1986, coronavirus-related dis- 24 tributions shall not be treated as eligible roll- 25 over distributions. RULES.—For purposes of sections L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00901 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 902 1 (B) CORONAVIRUS-RELATED DISTRIBU- 2 TIONS TREATED AS MEETING PLAN DISTRIBU- 3 TION REQUIREMENTS.—For 4 ternal Revenue Code of 1986, a coronavirus-re- 5 lated distribution shall be treated as meeting 6 the requirements of sections 401(k)(2)(B)(i), 7 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) 8 of such Code. 9 purposes of the In- (b) LOANS FROM QUALIFIED PLANS.— 10 (1) INCREASE IN LIMIT ON LOANS NOT TREAT- 11 ED AS DISTRIBUTIONS.—In 12 from a qualified employer plan (as defined under 13 section 72(p)(4) of the Internal Revenue Code of 14 1986) to a qualified individual made during the 180- 15 day period beginning on the date of the enactment 16 of this Act— the case of any loan 17 (A) clause (i) of section 72(p)(2)(A) of 18 such Code shall be applied by substituting 19 ‘‘$100,000’’ for ‘‘$50,000’’, and 20 (B) clause (ii) of such section shall be ap- 21 plied by substituting ‘‘the present value of the 22 nonforfeitable accrued benefit of the employee 23 under the plan’’ for ‘‘one-half of the present 24 value of the nonforfeitable accrued benefit of 25 the employee under the plan’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00902 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 903 1 (2) DELAY OF REPAYMENT.—In the case of a 2 qualified individual with an outstanding loan (on or 3 after the date of the enactment of this Act) from a 4 qualified employer plan (as defined in section 5 72(p)(4) of the Internal Revenue Code of 1986)— 6 (A) if the due date pursuant to subpara- 7 graph (B) or (C) of section 72(p)(2) of such 8 Code for any repayment with respect to such 9 loan occurs during the period beginning on the 10 date of the enactment of this Act and ending on 11 December 31, 2020, such due date shall be de- 12 layed for 1 year (or, if later, until the date 13 which is 180 days after the date of the enact- 14 ment of this Act), 15 (B) any subsequent repayments with re- 16 spect to any such loan shall be appropriately 17 adjusted to reflect the delay in the due date 18 under subparagraph (A) and any interest accru- 19 ing during such delay, and 20 (C) in determining the 5-year period and 21 the term of a loan under subparagraph (B) or 22 (C) of section 72(p)(2) of such Code, the period 23 described in subparagraph (A) of this para- 24 graph shall be disregarded. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00903 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 904 1 (3) QUALIFIED INDIVIDUAL.—For purposes of 2 this subsection, the term ‘‘qualified individual’’ 3 means any individual who is described in subsection 4 (a)(4)(A)(ii). 5 (c) PROVISIONS RELATING 6 TO PLAN AMEND- MENTS.— 7 (1) IN GENERAL.—If this subsection applies to 8 any amendment to any plan or annuity contract, 9 such plan or contract shall be treated as being oper- 10 ated in accordance with the terms of the plan during 11 the period described in paragraph (2)(B)(i). 12 (2) AMENDMENTS 13 TO WHICH SUBSECTION AP- PLIES.— 14 (A) IN GENERAL.—This subsection shall 15 apply to any amendment to any plan or annuity 16 contract which is made— 17 (i) pursuant to any provision of this 18 section, or pursuant to any regulation 19 issued by the Secretary of the Treasury or 20 the Secretary of Labor (or the delegate of 21 either such Secretary) under any provision 22 of this section, and 23 (ii) on or before the last day of the 24 first plan year beginning on or after Janu- 25 ary 1, 2022, or such later date as the Sec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00904 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 905 1 retary of the Treasury (or the Secretary’s 2 delegate) may prescribe. 3 In the case of a governmental plan (as defined 4 in section 414(d) of the Internal Revenue Code 5 of 1986), clause (ii) shall be applied by sub- 6 stituting the date which is 2 years after the 7 date otherwise applied under clause (ii). 8 (B) CONDITIONS.—This subsection shall 9 not apply to any amendment unless— 10 (i) during the period— 11 (I) beginning on the date that 12 this section or the regulation de- 13 scribed in subparagraph (A)(i) takes 14 effect (or in the case of a plan or con- 15 tract amendment not required by this 16 section or such regulation, the effec- 17 tive date specified by the plan), and 18 (II) ending on the date described 19 in subparagraph (A)(ii) (or, if earlier, 20 the date the plan or contract amend- 21 ment is adopted), 22 the plan or contract is operated as if such 23 plan or contract amendment were in effect, 24 and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00905 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 906 1 (ii) such plan or contract amendment 2 applies retroactively for such period. 3 SEC. 402. SINGLE-EMPLOYER PLAN FUNDING RULES. 4 (a) DELAY IN PAYMENT OF MINIMUM REQUIRED 5 CONTRIBUTIONS.—In the case of any minimum required 6 contribution (as determined under section 430(a) of the 7 Internal Revenue Code of 1986 and section 303(a) of the 8 Employee Retirement Income Security Act of 1974 (29 9 U.S.C. 1083(a))) which (but for this section) would other10 wise be due under section 430(j) of such Code (including 11 quarterly contributions under paragraph (3) thereof) and 12 section 303(j) of such Act (29 U.S.C. 1083(j)) (including 13 quarterly contributions under paragraph (3) thereof) dur14 ing calendar year 2020— 15 (1) such contributions shall not be required to 16 be made until January 1, 2021, and 17 (2) the amount of each such minimum required 18 contribution shall be increased by interest accruing 19 for the period between the original due date (without 20 regard to this section) for the contribution and the 21 payment date, at the effective rate of interest for the 22 plan for the plan year which includes such payment 23 date. 24 (b) BENEFIT RESTRICTION STATUS.—For purposes 25 of section 436 of the Internal Revenue Code of 1986 and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00906 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 907 1 section 206(g) of the Employee Retirement Income Secu2 rity Act of 1974 (29 U.S.C. 1056(g)), a plan sponsor may 3 elect to treat the plan’s adjusted funding target attain4 ment percentage for the last plan year ending before Janu5 ary 1, 2020, as the adjusted funding target attainment 6 percentage for plan years which include calendar year 7 2020. 8 SEC. 403. TEMPORARY WAIVER OF REQUIRED MINIMUM 9 DISTRIBUTION RULES FOR CERTAIN RETIRE- 10 MENT PLANS AND ACCOUNTS. 11 (a) IN GENERAL.—Section 401(a)(9) of the Internal 12 Revenue Code of 1986 is amended by adding at the end 13 the following new subparagraph: 14 ‘‘(I) TEMPORARY 15 QUIRED DISTRIBUTION.— 16 ‘‘(i) IN WAIVER OF MINIMUM RE- GENERAL.—The requirements 17 of this paragraph shall not apply for cal- 18 endar year 2020 to— 19 ‘‘(I) a defined contribution plan 20 which is described in this subsection 21 or in section 403(a) or 403(b), 22 ‘‘(II) a defined contribution plan 23 which is an eligible deferred com- 24 pensation plan described in section 25 457(b) but only if such plan is main- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00907 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 908 1 tained by an employer described in 2 section 457(e)(1)(A), or 3 ‘‘(III) an individual retirement 4 plan. 5 ‘‘(ii) SPECIAL RULE FOR REQUIRED 6 BEGINNING 7 shall apply to any distribution which is re- 8 quired to be made in calendar year 2020 9 by reason of— 10 DATES IN 2020.—Clause (i) ‘‘(I) a required beginning date 11 occurring in such calendar year, and 12 ‘‘(II) such distribution not having 13 been made before January 1, 2020. 14 ‘‘(iii) SPECIAL 15 WAIVER 16 paragraph— RULES PERIOD.—For REGARDING purposes of this 17 ‘‘(I) the required beginning date 18 with respect to any individual shall be 19 determined without regard to this 20 subparagraph for purposes of applying 21 this paragraph for calendar years 22 after 2020, 23 ‘‘(II) if clause (ii) of subpara- 24 graph (B) applies, the 5-year period 25 described in such clause shall be de- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00908 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 909 1 termined without regard to calendar 2 year 2020, 3 ‘‘(III) if clause (iii) of subpara- 4 graph (E) applies, the 10-year period 5 described in such clause shall be de- 6 termined without regard to calendar 7 year 2020, and 8 ‘‘(IV) if clause (i) of subpara- 9 graph (H) applies, the 10-year period 10 described in such clause shall be de- 11 termined without regard to calendar 12 year 2020.’’. 13 (b) ELIGIBLE ROLLOVER DISTRIBUTIONS.—Section 14 402(c)(4) of the Internal Revenue Code of 1986 is amend15 ed by striking ‘‘2009’’ each place it appears in the last 16 sentence and inserting ‘‘2020’’. 17 (c) EFFECTIVE DATES.— 18 (1) IN GENERAL.—The amendments made by 19 this section shall apply for calendar years beginning 20 after December 31, 2019. 21 (2) PROVISIONS 22 RELATING TO PLAN OR CON- TRACT AMENDMENTS.— 23 (A) IN GENERAL.—If this paragraph ap- 24 plies to any pension plan or contract amend- 25 ment, such pension plan or contract shall not L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00909 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 910 1 fail to be treated as being operated in accord- 2 ance with the terms of the plan during the pe- 3 riod described in subparagraph (B)(ii) solely be- 4 cause the plan operates in accordance with this 5 section. 6 (B) AMENDMENTS 7 TO WHICH PARAGRAPH APPLIES.— 8 (i) IN 9 GENERAL.—This paragraph shall apply to any amendment to any pen- 10 sion plan or annuity contract which— 11 (I) is made pursuant to the 12 amendments made by this section, 13 and 14 (II) is made on or before the last 15 day of the first plan year beginning 16 on or after January 1, 2022. 17 In the case of a governmental plan, sub- 18 clause (II) shall be applied by substituting 19 ‘‘2024’’ for ‘‘2022’’. 20 (ii) CONDITIONS.—This paragraph 21 shall not apply to any amendment unless 22 during the period beginning on the effec- 23 tive date of the amendment and ending on 24 December 31, 2020, the plan or contract is L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00910 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 911 1 operated as if such plan or contract 2 amendment were in effect. 3 SEC. 404. MODIFICATION OF SPECIAL RULES FOR MINIMUM 4 FUNDING 5 NEWSPAPER PLANS. 6 (a) AMENDMENT STANDARDS FOR COMMUNITY INTERNAL REVENUE CODE TO OF 7 1986.—Subsection (m) of section 430 of the Internal Rev8 enue Code of 1986, as added by the Setting Every Com9 munity Up for Retirement Enhancement Act of 2019, is 10 amended to read as follows: 11 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER 12 PLANS.— 13 ‘‘(1) IN GENERAL.—An eligible newspaper plan 14 sponsor of a plan under which no participant has 15 had the participant’s accrued benefit increased 16 (whether because of service or compensation) after 17 April 2, 2019, may elect to have the alternative 18 standards described in paragraph (4) apply to such 19 plan. 20 ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 21 The term ‘eligible newspaper plan sponsor’ means 22 the plan sponsor of— 23 ‘‘(A) any community newspaper plan, or 24 ‘‘(B) any other plan sponsored, as of April 25 2, 2019, by a member of the same controlled L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00911 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 912 1 group of a plan sponsor of a community news- 2 paper plan if such member is in the trade or 3 business of publishing 1 or more newspapers. 4 ‘‘(3) ELECTION.—An election under paragraph 5 (1) shall be made at such time and in such manner 6 as prescribed by the Secretary. Such election, once 7 made with respect to a plan year, shall apply to all 8 subsequent plan years unless revoked with the con- 9 sent of the Secretary. 10 ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND- 11 ARDS.—The 12 paragraph are the following: 13 alternative standards described in this ‘‘(A) INTEREST 14 ‘‘(i) IN RATES.— GENERAL.—Notwithstanding 15 subsection (h)(2)(C) and except as pro- 16 vided in clause (ii), the first, second, and 17 third segment rates in effect for any 18 month for purposes of this section shall be 19 8 percent. 20 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not- 21 withstanding subsection (h)(2), for pur- 22 poses of determining the funding target 23 and normal cost of a plan for any plan 24 year, the present value of any benefits ac- 25 crued or earned under the plan for a plan L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00912 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 913 1 year with respect to which an election 2 under paragraph (1) is in effect shall be 3 determined on the basis of the United 4 States Treasury obligation yield curve for 5 the day that is the valuation date of such 6 plan for such plan year. 7 ‘‘(iii) UNITED STATES TREASURY OB- 8 LIGATION YIELD CURVE.—For 9 this subsection, the term ‘United States 10 Treasury obligation yield curve’ means, 11 with respect to any day, a yield curve 12 which shall be prescribed by the Secretary 13 for such day on interest-bearing obligations 14 of the United States. 15 ‘‘(B) SHORTFALL purposes of AMORTIZATION BASE.— 16 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA- 17 TION BASES.—The shortfall amortization 18 bases determined under subsection (c)(3) 19 for all plan years preceding the first plan 20 year to which the election under paragraph 21 (1) applies (and all shortfall amortization 22 installments determined with respect to 23 such bases) shall be reduced to zero under 24 rules similar to the rules of subsection 25 (c)(6). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00913 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 914 1 ‘‘(ii) NEW SHORTFALL AMORTIZATION 2 BASE.—Notwithstanding 3 the shortfall amortization base for the first 4 plan year to which the election under para- 5 graph (1) applies shall be the funding 6 shortfall of such plan for such plan year 7 (determined using the interest rates as 8 modified under subparagraph (A)). 9 ‘‘(C) DETERMINATION 10 subsection (c)(3), OF SHORTFALL AM- ORTIZATION INSTALLMENTS.— 11 ‘‘(i) 30-YEAR PERIOD.—Subpara- 12 graphs (A) and (B) of subsection (c)(2) 13 shall be applied by substituting ‘30-plan- 14 year’ for ‘7-plan-year’ each place it ap- 15 pears. 16 ‘‘(ii) NO SPECIAL ELECTION.—The 17 election under subparagraph (D) of sub- 18 section (c)(2) shall not apply to any plan 19 year to which the election under paragraph 20 (1) applies. 21 ‘‘(D) EXEMPTION 22 MENT.—Subsection 23 ‘‘(5) COMMUNITY 24 poses of this subsection— FROM AT-RISK TREAT- (i) shall not apply. NEWSPAPER PLAN.—For pur- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00914 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 915 1 ‘‘(A) IN GENERAL.—The term ‘community 2 newspaper plan’ means any plan to which this 3 section applies maintained as of December 31, 4 2018, by an employer which— 5 ‘‘(i) maintains the plan on behalf of 6 participants and beneficiaries with respect 7 to employment in the trade or business of 8 publishing 1 or more newspapers which 9 were published by the employer at any 10 time during the 11-year period ending on 11 the date of the enactment of this sub- 12 section, 13 ‘‘(ii)(I) is not a company the stock of 14 which is publicly traded (on a stock ex- 15 change or in an over-the-counter market), 16 and is not controlled, directly or indirectly, 17 by such a company, or 18 ‘‘(II) is controlled, directly or indi- 19 rectly, during the entire 30-year period 20 ending on the date of the enactment of this 21 subsection by individuals who are members 22 of the same family, and does not publish or 23 distribute a daily newspaper that is car- 24 rier-distributed in printed form in more 25 than 5 States, and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00915 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 916 1 ‘‘(iii) is controlled, directly or indi- 2 rectly— 3 ‘‘(I) by 1 or more persons resid- 4 ing primarily in a State in which the 5 community newspaper has been pub- 6 lished on newsprint or carrier-distrib- 7 uted, 8 ‘‘(II) during the entire 30-year 9 period ending on the date of the en- 10 actment of this subsection by individ- 11 uals who are members of the same 12 family, 13 ‘‘(III) by 1 or more trusts, the 14 sole trustees of which are persons de- 15 scribed in subclause (I) or (II), or 16 ‘‘(IV) by a combination of per- 17 sons described in subclause (I), (II), 18 or (III). 19 ‘‘(B) NEWSPAPER.—The term ‘newspaper’ 20 does not include any newspaper (determined 21 without regard to this subparagraph) to which 22 any of the following apply: 23 ‘‘(i) Is not in general circulation. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00916 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 917 1 ‘‘(ii) Is published (on newsprint or 2 electronically) less frequently than 3 times 3 per week. 4 ‘‘(iii) Has not ever been regularly 5 published on newsprint. 6 ‘‘(iv) Does not have a bona fide list of 7 paid subscribers. 8 ‘‘(C) CONTROL.—A person shall be treated 9 as controlled by another person if such other 10 person possesses, directly or indirectly, the 11 power to direct or cause the direction and man- 12 agement of such person (including the power to 13 elect a majority of the members of the board of 14 directors of such person) through the ownership 15 of voting securities. 16 ‘‘(6) CONTROLLED GROUP.—For purposes of 17 this subsection, the term ‘controlled group’ means all 18 persons treated as a single employer under sub- 19 section (b), (c), (m), or (o) of section 414 as of the 20 date of the enactment of this subsection.’’. 21 (b) AMENDMENT 22 COME TO EMPLOYEE RETIREMENT IN- SECURITY ACT OF 1974.—Subsection (m) of section 23 303 of the Employee Retirement Income Security Act of 24 1974 (29 U.S.C. 1083(m)), as added by the Setting Every L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00917 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 918 1 Community Up for Retirement Enhancement Act of 2019, 2 is amended to read as follows: 3 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER 4 PLANS.— 5 ‘‘(1) IN GENERAL.—An eligible newspaper plan 6 sponsor of a plan under which no participant has 7 had the participant’s accrued benefit increased 8 (whether because of service or compensation) after 9 April 2, 2019, may elect to have the alternative 10 standards described in paragraph (4) apply to such 11 plan. 12 ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 13 The term ‘eligible newspaper plan sponsor’ means 14 the plan sponsor of— 15 ‘‘(A) any community newspaper plan, or 16 ‘‘(B) any other plan sponsored, as of April 17 2, 2019, by a member of the same controlled 18 group of a plan sponsor of a community news- 19 paper plan if such member is in the trade or 20 business of publishing 1 or more newspapers. 21 ‘‘(3) ELECTION.—An election under paragraph 22 (1) shall be made at such time and in such manner 23 as prescribed by the Secretary of the Treasury. Such 24 election, once made with respect to a plan year, shall L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00918 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 919 1 apply to all subsequent plan years unless revoked 2 with the consent of the Secretary of the Treasury. 3 ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND- 4 ARDS.—The 5 paragraph are the following: 6 alternative standards described in this ‘‘(A) INTEREST 7 ‘‘(i) IN RATES.— GENERAL.—Notwithstanding 8 subsection (h)(2)(C) and except as pro- 9 vided in clause (ii), the first, second, and 10 third segment rates in effect for any 11 month for purposes of this section shall be 12 8 percent. 13 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not- 14 withstanding subsection (h)(2), for pur- 15 poses of determining the funding target 16 and normal cost of a plan for any plan 17 year, the present value of any benefits ac- 18 crued or earned under the plan for a plan 19 year with respect to which an election 20 under paragraph (1) is in effect shall be 21 determined on the basis of the United 22 States Treasury obligation yield curve for 23 the day that is the valuation date of such 24 plan for such plan year. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00919 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 920 1 STATES TREASURY OB- ‘‘(iii) UNITED 2 LIGATION YIELD CURVE.—For 3 this subsection, the term ‘United States 4 Treasury obligation yield curve’ means, 5 with respect to any day, a yield curve 6 which shall be prescribed by the Secretary 7 of the Treasury for such day on interest- 8 bearing obligations of the United States. 9 ‘‘(B) SHORTFALL purposes of AMORTIZATION BASE.— 10 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA- 11 TION BASES.—The shortfall amortization 12 bases determined under subsection (c)(3) 13 for all plan years preceding the first plan 14 year to which the election under paragraph 15 (1) applies (and all shortfall amortization 16 installments determined with respect to 17 such bases) shall be reduced to zero under 18 rules similar to the rules of subsection 19 (c)(6). 20 ‘‘(ii) NEW SHORTFALL AMORTIZATION 21 BASE.—Notwithstanding 22 the shortfall amortization base for the first 23 plan year to which the election under para- 24 graph (1) applies shall be the funding 25 shortfall of such plan for such plan year subsection (c)(3), L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00920 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 921 1 (determined using the interest rates as 2 modified under subparagraph (A)). 3 ‘‘(C) DETERMINATION 4 OF SHORTFALL AM- ORTIZATION INSTALLMENTS.— 5 ‘‘(i) 30-YEAR PERIOD.—Subpara- 6 graphs (A) and (B) of subsection (c)(2) 7 shall be applied by substituting ‘30-plan- 8 year’ for ‘7-plan-year’ each place it ap- 9 pears. 10 ‘‘(ii) NO SPECIAL ELECTION.—The 11 election under subparagraph (D) of sub- 12 section (c)(2) shall not apply to any plan 13 year to which the election under paragraph 14 (1) applies. 15 ‘‘(D) EXEMPTION 16 MENT.—Subsection 17 ‘‘(5) COMMUNITY 18 poses of this subsection— 19 ‘‘(A) IN FROM AT-RISK TREAT- (i) shall not apply. NEWSPAPER PLAN.—For GENERAL.—The pur- term ‘community 20 newspaper plan’ means a plan to which this sec- 21 tion applies maintained as of December 31, 22 2018, by an employer which— 23 ‘‘(i) maintains the plan on behalf of 24 participants and beneficiaries with respect 25 to employment in the trade or business of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00921 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 922 1 publishing 1 or more newspapers which 2 were published by the employer at any 3 time during the 11-year period ending on 4 the date of the enactment of this sub- 5 section, 6 ‘‘(ii)(I) is not a company the stock of 7 which is publicly traded (on a stock ex- 8 change or in an over-the-counter market), 9 and is not controlled, directly or indirectly, 10 by such a company, or 11 ‘‘(II) is controlled, directly, or indi- 12 rectly, during the entire 30-year period 13 ending on the date of the enactment of this 14 subsection by individuals who are members 15 of the same family, and does not publish or 16 distribute a daily newspaper that is car- 17 rier-distributed in printed form in more 18 than 5 States, and 19 ‘‘(iii) is controlled, directly, or indi- 20 rectly— 21 ‘‘(I) by 1 or more persons resid- 22 ing primarily in a State in which the 23 community newspaper has been pub- 24 lished on newsprint or carrier-distrib- 25 uted, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00922 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 923 1 ‘‘(II) during the entire 30-year 2 period ending on the date of the en- 3 actment of this subsection by individ- 4 uals who are members of the same 5 family, 6 ‘‘(III) by 1 or more trusts, the 7 sole trustees of which are persons de- 8 scribed in subclause (I) or (II), or 9 ‘‘(IV) by a combination of per- 10 sons described in subclause (I), (II), 11 or (III). 12 ‘‘(B) NEWSPAPER.—The term ‘newspaper’ 13 does not include any newspaper (determined 14 without regard to this subparagraph) to which 15 any of the following apply: 16 ‘‘(i) Is not in general circulation. 17 ‘‘(ii) Is published (on newsprint or 18 electronically) less frequently than 3 times 19 per week. 20 ‘‘(iii) Has not ever been regularly 21 published on newsprint. 22 ‘‘(iv) Does not have a bona fide list of 23 paid subscribers. 24 ‘‘(C) CONTROL.—A person shall be treated 25 as controlled by another person if such other L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00923 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 924 1 person possesses, directly or indirectly, the 2 power to direct or cause the direction and man- 3 agement of such person (including the power to 4 elect a majority of the members of the board of 5 directors of such person) through the ownership 6 of voting securities. 7 ‘‘(6) CONTROLLED GROUP.—For purposes of 8 this subsection, the term ‘controlled group’ means all 9 persons treated as a single employer under sub- 10 section (b), (c), (m), or (o) of section 414 of the In- 11 ternal Revenue Code of 1986 as of the date of the 12 enactment of this subsection. 13 ‘‘(7) EFFECT 14 TION.—Notwithstanding 15 or any regulation issued by the Pension Benefit 16 Guaranty Corporation, in the case of a plan for 17 which an election is made to apply the alternative 18 standards described in paragraph (3), the additional 19 premium under section 4006(a)(3)(E) shall be deter- 20 mined as if such election had not been made.’’. 21 (c) EFFECTIVE DATE.—The amendments made by ON PREMIUM RATE CALCULA- any other provision of law 22 this section shall apply to plan years ending after Decem23 ber 31, 2017. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00924 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 925 1 SEC. 405. APPLICATION OF COOPERATIVE AND SMALL EM- 2 PLOYER CHARITY PENSION PLAN RULES TO 3 CERTAIN CHARITABLE EMPLOYERS WHOSE 4 PRIMARY EXEMPT PURPOSE IS PROVIDING 5 SERVICES WITH RESPECT TO MOTHERS AND 6 CHILDREN. 7 8 (a) EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—Section 210(f)(1) of the Employee Retirement 9 Income Security Act of 1974 (29 U.S.C. 1060(f)(1)) is 10 amended— 11 (1) by striking ‘‘or’’ at the end of subparagraph 12 (B); 13 (2) by striking the period at the end of sub- 14 paragraph (C)(iv) and inserting ‘‘; or’’; and 15 (3) by inserting after subparagraph (C) the fol- 16 lowing new subparagraph: 17 ‘‘(D) that, as of January 1, 2000, was 18 maintained by an employer— 19 ‘‘(i) described in section 501(c)(3) of 20 the Internal Revenue Code of 1986, 21 ‘‘(ii) who has been in existence since 22 at least 1938, 23 ‘‘(iii) who conducts medical research 24 directly or indirectly through grant mak- 25 ing, and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00925 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 926 1 ‘‘(iv) whose primary exempt purpose 2 is to provide services with respect to moth- 3 ers and children.’’. 4 (b) INTERNAL REVENUE CODE OF 1986.—Section 5 414(y)(1) of the Internal Revenue Code of 1986 is amend6 ed— 7 (1) by striking ‘‘or’’ at the end of subparagraph 8 (B); 9 (2) by striking the period at the end of sub- 10 paragraph (C)(iv) and inserting ‘‘; or’’; and 11 (3) by inserting after subparagraph (C) the fol- 12 lowing new subparagraph: 13 ‘‘(D) that, as of January 1, 2000, was 14 maintained by an employer— 15 ‘‘(i) described in section 501(c)(3), 16 ‘‘(ii) who has been in existence since 17 at least 1938, 18 ‘‘(iii) who conducts medical research 19 directly or indirectly through grant mak- 20 ing, and 21 ‘‘(iv) whose primary exempt purpose 22 is to provide services with respect to moth- 23 ers and children.’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00926 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 927 1 (c) EFFECTIVE DATE.—The amendments made by 2 this section shall apply to plan years beginning after De3 cember 31, 2018. 4 SEC. 406. EXTENDED AMORTIZATION FOR SINGLE EM- 5 PLOYER PLANS. 6 (a) 15-YEAR AMORTIZATION UNDER INTERNAL THE 7 REVENUE CODE OF 1986.—Section 430(c) of the Internal 8 Revenue Code of 1986 is amended by adding at the end 9 the following new paragraph: 10 ‘‘(8) 15-YEAR 11 AMORTIZATION.—With respect to plan years beginning after December 31, 2019— 12 ‘‘(A) the shortfall amortization bases for 13 all plan years preceding the first plan year be- 14 ginning after December 31, 2019 (and all 15 shortfall amortization installments determined 16 with respect to such bases) shall be reduced to 17 zero, and 18 ‘‘(B) subparagraphs (A) and (B) of para- 19 graph (2) shall each be applied by substituting 20 ‘15-plan-year period’ for ‘7-plan-year period’.’’. 21 (b) 15-YEAR AMORTIZATION UNDER 22 RETIREMENT INCOME SECURITY ACT OF THE EMPLOYEE 1974.—Section 23 303(c) of the Employee Retirement Income Security Act 24 of 1974 (29 U.S.C. 1083(c)) is amended by adding at the 25 end the following new paragraph: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00927 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 928 1 ‘‘(8) 15-YEAR 2 AMORTIZATION.—With respect to plan years beginning after December 31, 2019— 3 ‘‘(A) the shortfall amortization bases for 4 all plan years preceding the first plan year be- 5 ginning after December 31, 2019 (and all 6 shortfall amortization installments determined 7 with respect to such bases) shall be reduced to 8 zero, and 9 ‘‘(B) subparagraphs (A) and (B) of para- 10 graph (2) shall each be applied by substituting 11 ‘15-plan-year period’ for ‘7-plan-year period’.’’. 12 (c) EFFECTIVE DATE.—The amendments made by 13 this section shall apply to plan years beginning after De14 cember 31, 2019. 15 SEC. 407. EXTENSION OF PENSION FUNDING STABILIZA- 16 TION PERCENTAGES FOR SINGLE EMPLOYER 17 PLANS. 18 (a) AMENDMENTS TO INTERNAL REVENUE CODE OF 19 1986.— 20 (1) IN GENERAL.—The table contained in sub- 21 clause (II) of section 430(h)(2)(C)(iv) of the Inter- 22 nal Revenue Code of 1986 is amended to read as fol- 23 lows: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00928 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 929 The applicable minimum percentage is: ‘‘If the calendar year is: Any year in the period starting in 2012 and ending in 2019 ......................................................... Any year in the period starting in 2020 and ending in 2025 ......................................................... 2026 ........................................................................ 2027 ........................................................................ 2028 ........................................................................ 2029 ........................................................................ After 2029 .............................................................. 1 (2) FLOOR The applicable maximum percentage is: 90% 110% 95% 90% 85% 80% 75% 70% 105% 110% 115% 120% 125% 130%.’’. ON 25-YEAR AVERAGES.—Subclause 2 (I) of section 430(h)(2)(C)(iv) of such Code is 3 amended by adding at the end the following: ‘‘Not- 4 withstanding anything in this subclause, if the aver- 5 age of the first, second, or third segment rate for 6 any 25-year period is less than 5 percent, such aver- 7 age shall be deemed to be 5 percent.’’. 8 (b) AMENDMENTS 9 COME TO EMPLOYEE RETIREMENT IN- SECURITY ACT OF 1974.— 10 (1) IN GENERAL.—The table contained in sub- 11 clause (II) of section 303(h)(2)(C)(iv) of the Em- 12 ployee Retirement Income Security Act of 1974 (29 13 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended to read as 14 follows: The applicable minimum percentage is: ‘‘If the calendar year is: Any year in the period starting in 2012 and ending in 2019 ......................................................... Any year in the period starting in 2020 and ending in 2025 ......................................................... The applicable maximum percentage is: 90% 110% 95% 105% L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00929 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 930 ‘‘If the calendar year is: 2026 2027 2028 2029 After The applicable minimum percentage is: The applicable maximum percentage is: 90% 85% 80% 75% 70% 110% 115% 120% 125% 130%.’’. ........................................................................ ........................................................................ ........................................................................ ........................................................................ 2029 .............................................................. 1 (2) CONFORMING 2 (A) IN AMENDMENTS.— GENERAL.—Section 101(f)(2)(D) of 3 such Act (29 U.S.C. 1021(f)(2)(D)) is amend- 4 ed— 5 (i) in clause (i) by striking ‘‘and the 6 Bipartisan Budget Act of 2015’’ both 7 places it appears and inserting ‘‘, the Bi- 8 partisan Budget Act of 2015, and the 9 Emergency Pension Plan Relief Act of 10 2020’’, and 11 (ii) in clause (ii) by striking ‘‘2023’’ 12 and inserting ‘‘2029’’. 13 (B) STATEMENTS.—The Secretary of 14 Labor shall modify the statements required 15 under subclauses (I) and (II) of section 16 101(f)(2)(D)(i) of such Act to conform to the 17 amendments made by this section. 18 (3) FLOOR ON 25-YEAR AVERAGES.—Subclause 19 (I) of section 303(h)(2)(C)(iv) of such Act (29 20 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended by adding L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00930 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 931 1 at the end the following: ‘‘Notwithstanding anything 2 in this subclause, if the average of the first, second, 3 or third segment rate for any 25-year period is less 4 than 5 percent, such average shall be deemed to be 5 5 percent.’’. 6 (c) EFFECTIVE DATE.—The amendments made by 7 this section shall apply with respect to plan years begin8 ning after December 31, 2019. TITLE V—REHABILITATION FOR MULTIEMPLOYER PENSIONS 9 10 11 SEC. 501. SHORT TITLE. 12 This title may be cited as the ‘‘Rehabilitation for 13 Multiemployer Pensions Act of 2020’’. 14 SEC. 502. PENSION REHABILITATION ADMINISTRATION; ES- 15 TABLISHMENT; POWERS. 16 (a) ESTABLISHMENT.—There is established in the 17 Department of the Treasury an agency to be known as 18 the ‘‘Pension Rehabilitation Administration’’. 19 (b) DIRECTOR.— 20 (1) ESTABLISHMENT OF POSITION.—There 21 shall be at the head of the Pension Rehabilitation 22 Administration a Director, who shall be appointed 23 by the President. 24 (2) TERM.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00931 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 932 1 (A) IN 2 GENERAL.—The term of office of the Director shall be 5 years. 3 (B) SERVICE UNTIL APPOINTMENT OF 4 SUCCESSOR.—An 5 at the expiration of a term may continue to 6 serve until a successor is appointed. 7 (3) POWERS.— 8 individual serving as Director (A) APPOINTMENT 9 OF DEPUTY DIREC- TORS, OFFICERS, AND EMPLOYEES.—The Di- 10 rector may appoint Deputy Directors, officers, 11 and employees, including attorneys, in accord- 12 ance with chapter 51 and subchapter III of 13 chapter 53 of title 5, United States Code. 14 (B) CONTRACTING.— 15 (i) IN GENERAL.—The Director may 16 contract for financial and administrative 17 services (including those related to budget 18 and accounting, financial reporting, per- 19 sonnel, and procurement) with the General 20 Services Administration, or such other 21 Federal agency as the Director determines 22 appropriate, for which payment shall be 23 made in advance, or by reimbursement, 24 from funds of the Pension Rehabilitation 25 Administration in such amounts as may be L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00932 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 933 1 agreed upon by the Director and the head 2 of the Federal agency providing the serv- 3 ices. 4 (ii) SUBJECT TO APPROPRIATIONS.— 5 Contract authority under clause (i) shall be 6 effective for any fiscal year only to the ex- 7 tent that appropriations are available for 8 that purpose. 9 SEC. 503. PENSION REHABILITATION TRUST FUND. 10 (a) IN GENERAL.—Subchapter A of chapter 98 of the 11 Internal Revenue Code of 1986 is amended by adding at 12 the end the following new section: 13 ‘‘SEC. 9512. PENSION REHABILITATION TRUST FUND. 14 ‘‘(a) CREATION OF TRUST FUND.—There is estab- 15 lished in the Treasury of the United States a trust fund 16 to be known as the ‘Pension Rehabilitation Trust Fund’ 17 (hereafter in this section referred to as the ‘Fund’), con18 sisting of such amounts as may be appropriated or cred19 ited to the Fund as provided in this section and section 20 9602(b). 21 ‘‘(b) TRANSFERS TO FUND.— 22 ‘‘(1) AMOUNTS ATTRIBUTABLE TO TREASURY 23 BONDS.—There 24 amounts transferred under section 506 of the Reha- 25 bilitation for Multiemployer Pensions Act of 2020. shall be credited to the Fund the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00933 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 934 1 ‘‘(2) LOAN 2 INTEREST AND PRINCIPAL.— ‘‘(A) IN GENERAL.—The Director of the 3 Pension Rehabilitation Administration estab- 4 lished under section 502 of the Rehabilitation 5 for Multiemployer Pensions Act of 2020 shall 6 deposit in the Fund any amounts received from 7 a plan as payment of interest or principal on a 8 loan under section 4 of such Act. 9 ‘‘(B) INTEREST.—For purposes of sub- 10 paragraph (A), the term ‘interest’ includes 11 points and other similar amounts. 12 ‘‘(3) AVAILABILITY OF FUNDS.—Amounts cred- 13 ited to or deposited in the Fund shall remain avail- 14 able until expended. 15 ‘‘(c) EXPENDITURES FROM FUND.—Amounts in the 16 Fund are available without further appropriation to the 17 Pension Rehabilitation Administration— 18 ‘‘(1) for the purpose of making the loans de- 19 scribed in section 504 of the Rehabilitation for Mul- 20 tiemployer Pensions Act of 2020, 21 ‘‘(2) for the payment of principal and interest 22 on obligations issued under section 6 of such Act, 23 and 24 ‘‘(3) for administrative and operating expenses 25 of such Administration.’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00934 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 935 1 (b) CLERICAL AMENDMENT.—The table of sections 2 for subchapter A of chapter 98 of the Internal Revenue 3 Code of 1986 is amended by adding at the end the fol4 lowing new item: ‘‘Sec. 9512. Pension Rehabilitation Trust Fund.’’. 5 SEC. 504. LOAN PROGRAM FOR MULTIEMPLOYER DEFINED 6 BENEFIT PLANS. 7 (a) LOAN AUTHORITY.— 8 (1) IN 9 GENERAL.—The Pension Rehabilitation Administration established under section 2 is au- 10 thorized— 11 (A) to make loans to multiemployer plans 12 (as defined in section 414(f) of the Internal 13 Revenue Code of 1986) which are defined ben- 14 efit plans (as defined in section 414(j) of such 15 Code) and— 16 (i)(I) which are in critical and declin- 17 ing status (within the meaning of section 18 432(b)(6) 19 305(b)(6) of the Employee Retirement and 20 Income Security Act) as of the date of the 21 enactment of this section, or during the 2- 22 year period beginning on such date, or of such Code and section 23 (II) with respect to which a suspen- 24 sion of benefits has been approved under 25 section 432(e)(9) of such Code and section L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00935 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 936 1 305(e)(9) of such Act as of such date or 2 during such period; 3 (ii) which as of such date of enact- 4 ment, or during such period, are in critical 5 status (within the meaning of section 6 432(b)(2) 7 305(b)(2) of such Act), have a modified 8 funded percentage of less than 40 percent, 9 and have a ratio of active to inactive par- 10 of such Code and section ticipants which is less than 2 to 5; or 11 (iii) which are insolvent for purposes 12 of section 418E of such Code as of such 13 date of enactment, or during such period, 14 if they became insolvent after December 15 16, 2014, and have not been terminated; 16 and 17 (B) subject to subsection (b), to establish 18 appropriate terms for such loans. 19 For purposes of subparagraph (A)(ii), the term 20 ‘‘modified funded percentage’’ means the percentage 21 equal to a fraction the numerator of which is current 22 value of plan assets (as defined in section 3(26) of 23 such Act) and the denominator of which is current 24 liabilities (as defined in section 431(c)(6)(D) of such 25 Code and section 304(c)(6)(D) of such Act). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00936 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 937 1 (2) CONSULTATION.—The Director of the Pen- 2 sion Rehabilitation Administration shall consult with 3 the Secretary of the Treasury, the Secretary of 4 Labor, and the Director of the Pension Benefit 5 Guaranty Corporation before making any loan under 6 paragraph (1), and shall share with such persons the 7 application and plan information with respect to 8 each such loan. 9 (3) ESTABLISHMENT 10 (A) IN OF LOAN PROGRAM.— GENERAL.—A program to make the 11 loans authorized under this section shall be es- 12 tablished not later than May 31, 2020, with 13 guidance regarding such program to be promul- 14 gated by the Director of the Pension Rehabilita- 15 tion Administration, in consultation with the 16 Director of the Pension Benefit Guaranty Cor- 17 poration, the Secretary of the Treasury, and 18 the Secretary of Labor, not later than August 19 31, 2020. 20 (B) LOANS AUTHORIZED BEFORE PRO- 21 GRAM DATE.—Without 22 program under subparagraph (A) has been es- 23 tablished, a plan may apply for a loan under 24 this section before either date described in such 25 subparagraph, and the Pension Rehabilitation regard to whether the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00937 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 938 1 Administration shall approve the application 2 and make the loan before establishment of the 3 program if necessary to avoid any suspension of 4 the accrued benefits of participants. 5 (b) LOAN TERMS.— 6 (1) IN 7 GENERAL.—The terms of any loan made under subsection (a) shall state that— 8 (A) the plan shall make payments of inter- 9 est on the loan for a period of 29 years begin- 10 ning on the date of the loan (or 19 years in the 11 case of a plan making the election under sub- 12 section (c)(5)); 13 (B) final payment of interest and principal 14 shall be due in the 30th year after the date of 15 the loan (except as provided in an election 16 under subsection (c)(5)); and 17 (C) as a condition of the loan, the plan 18 sponsor stipulates that— 19 (i) except as provided in clause (ii), 20 the plan will not increase benefits, allow 21 any employer participating in the plan to 22 reduce its contributions, or accept any col- 23 lective bargaining agreement which pro- 24 vides for reduced contribution rates, dur- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00938 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 939 1 ing the 30-year period described in sub- 2 paragraphs (A) and (B); 3 (ii) in the case of a plan with respect 4 to which a suspension of benefits has been 5 approved under section 432(e)(9) of the 6 Internal Revenue Code of 1986 and section 7 305(e)(9) of the Employee Retirement In- 8 come Security Act of 1974, or under sec- 9 tion 418E of such Code, before the loan, 10 the plan will reinstate the suspended bene- 11 fits (or will not carry out any suspension 12 which has been approved but not yet im- 13 plemented); 14 (iii) the plan sponsor will comply with 15 the requirements of section 6059A of the 16 Internal Revenue Code of 1986; 17 (iv) the plan will continue to pay all 18 premiums due under section 4007 of the 19 Employee Retirement Income Security Act 20 of 1974; and 21 (v) the plan and plan administrator 22 will meet such other requirements as the 23 Director of the Pension Rehabilitation Ad- 24 ministration provides in the loan terms. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00939 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 940 1 The terms of the loan shall not make reference 2 to whether the plan is receiving financial assist- 3 ance under section 4261(d) of the Employee 4 Retirement Income Security Act of 1974 (29 5 U.S.C. 1431(d)) or to any adjustment of the 6 loan amount under subsection (d)(2)(A)(ii). 7 (2) INTEREST RATE.—Except as provided in 8 the second sentence of this paragraph and sub- 9 section (c)(5), loans made under subsection (a) shall 10 have as low an interest rate as is feasible. Such rate 11 shall be determined by the Pension Rehabilitation 12 Administration and shall— 13 (A) not be lower than the rate of interest 14 on 30-year Treasury securities on the first day 15 of the calendar year in which the loan is issued; 16 and 17 (B) not exceed the greater of— 18 (i) a rate 0.2 percentage points higher 19 than such rate of interest on such date; or 20 (ii) the rate necessary to collect reve- 21 nues sufficient to administer the program 22 under this section. 23 (c) LOAN APPLICATION.— 24 (1) IN 25 GENERAL.—In applying for a loan under subsection (a), the plan sponsor shall— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00940 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 941 1 (A) demonstrate that, except as provided 2 in subparagraph (C)— 3 (i) the loan will enable the plan to 4 avoid insolvency for at least the 30-year 5 period described in subparagraphs (A) and 6 (B) of subsection (b)(1) or, in the case of 7 a plan which is already insolvent, to 8 emerge from insolvency within and avoid 9 insolvency for the remainder of such pe- 10 riod; and 11 (ii) the plan is reasonably expected to 12 be able to pay benefits and the interest on 13 the loan during such period and to accu- 14 mulate sufficient funds to repay the prin- 15 cipal when due; 16 (B) provide the plan’s most recently filed 17 Form 5500 as of the date of application and 18 any other information necessary to determine 19 the loan amount under subsection (d); 20 (C) stipulate whether the plan is also ap- 21 plying for financial assistance under section 22 4261(d) of the Employee Retirement Income 23 Security Act of 1974 (29 U.S.C. 1431(d)) in 24 combination with the loan to enable the plan to 25 avoid insolvency and to pay benefits, or is al- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00941 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 942 1 ready receiving such financial assistance as a 2 result of a previous application; 3 (D) state in what manner the loan pro- 4 ceeds will be invested pursuant to subsection 5 (d), the person from whom any annuity con- 6 tracts under such subsection will be purchased, 7 and the person who will be the investment man- 8 ager for any portfolio implemented under such 9 subsection; and 10 (E) include such other information and 11 certifications as the Director of the Pension Re- 12 habilitation Administration shall require. 13 (2) STANDARD FOR ACCEPTING ACTUARIAL AND 14 PLAN SPONSOR DETERMINATIONS AND DEMONSTRA- 15 TIONS IN THE APPLICATION.—In 16 sponsor’s application, the Director of the Pension 17 Rehabilitation Administration shall accept the deter- 18 minations and demonstrations in the application un- 19 less the Director, in consultation with the Director 20 of the Pension Benefit Guaranty Corporation, the 21 Secretary of the Treasury, and the Secretary of 22 Labor, concludes that any such determinations or 23 demonstrations in the application (or any underlying 24 assumptions) are clearly erroneous or are incon- evaluating the plan L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00942 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 943 1 sistent with any rules issued by the Director pursu- 2 ant to subsection (g). 3 (3) REQUIRED ACTIONS; DEEMED APPROVAL.— 4 The Director of the Pension Rehabilitation Adminis- 5 tration shall approve any application under this sub- 6 section within 90 days after the submission of such 7 application unless such application is incomplete or 8 the Director makes a conclusion described in para- 9 graph (2) with respect to the application. An appli- 10 cation shall be deemed approved unless, within such 11 90 days, the Director notifies the plan sponsor of 12 the denial of such application and the reasons for 13 such denial. Any approval or denial of an application 14 by the Director of the Pension Rehabilitation Ad- 15 ministration shall be treated as a final agency action 16 for purposes of section 704 of title 5, United States 17 Code. The Pension Rehabilitation Administration 18 shall make the loan pursuant to any application 19 promptly after the approval of such application. 20 (4) CERTAIN PLANS REQUIRED TO APPLY.— 21 The plan sponsor of any plan with respect to which 22 a suspension of benefits has been approved under 23 section 432(e)(9) of the Internal Revenue Code of 24 1986 and section 305(e)(9) of the Employee Retire- 25 ment Income Security Act of 1974 or under section L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00943 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 944 1 418E of such Code, before the date of the enactment 2 of this Act shall apply for a loan under this section. 3 The Director of the Pension Rehabilitation Adminis- 4 tration shall provide for such plan sponsors to use 5 the 6 (d)(2)(B). 7 simplified application (5) INCENTIVE under subsection FOR EARLY REPAYMENT.—The 8 plan sponsor may elect at the time of the application 9 to repay the loan principal, along with the remaining 10 interest, at least as rapidly as equal installments 11 over the 10-year period beginning with the 21st year 12 after the date of the loan. In the case of a plan mak- 13 ing this election, the interest on the loan shall be re- 14 duced by 0.5 percentage points. 15 (d) LOAN AMOUNT AND USE.— 16 (1) AMOUNT 17 (A) IN OF LOAN.— GENERAL.—Except as provided in 18 subparagraph (B) and paragraph (2), the 19 amount of any loan under subsection (a) shall 20 be, as demonstrated by the plan sponsor on the 21 application under subsection (c), the amount 22 needed to purchase annuity contracts or to im- 23 plement a portfolio described in paragraph 24 (3)(C) (or a combination of the two) sufficient 25 to provide benefits of participants and bene- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00944 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 945 1 ficiaries of the plan in pay status, and termi- 2 nated vested benefits, at the time the loan is 3 made. 4 (B) PLANS WITH SUSPENDED BENE- 5 FITS.—In 6 which a suspension of benefits has been ap- 7 proved under section 432(e)(9) of the Internal 8 Revenue Code of 1986 and section 305(e)(9) of 9 the Employee Retirement Income Security Act 10 of 1974 (29 U.S.C. 1085(e)(9)) or under sec- 11 tion 418E of such Code— the case of a plan with respect to 12 (i) the suspension of benefits shall not 13 be taken into account in applying subpara- 14 graph (A); and 15 (ii) the loan amount shall be the 16 amount sufficient to provide benefits of 17 participants and beneficiaries of the plan 18 in pay status and terminated vested bene- 19 fits at the time the loan is made, deter- 20 mined without regard to the suspension, 21 including retroactive payment of benefits 22 which would otherwise have been payable 23 during the period of the suspension. 24 (2) COORDINATION 25 WITH PBGC FINANCIAL AS- SISTANCE.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00945 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 946 1 (A) IN GENERAL.—In the case of a plan 2 which is also applying for financial assistance 3 under section 4261(d) of the Employee Retire- 4 ment Income Security Act of 1974 (29 U.S.C. 5 1431(d))— 6 (i) the plan sponsor shall submit the 7 loan application and the application for fi- 8 nancial assistance jointly to the Pension 9 Rehabilitation Administration and the Pen- 10 sion Benefit Guaranty Corporation with 11 the information necessary to determine the 12 eligibility for and amount of the loan under 13 this section and the financial assistance 14 under section 4261(d) of such Act; and 15 (ii) if such financial assistance is 16 granted, the amount of the loan under sub- 17 section (a) shall not exceed an amount 18 equal to the excess of— 19 (I) the amount determined under 20 paragraph (1)(A) or (1)(B)(ii) (which- 21 ever is applicable); over 22 (II) the amount of such financial 23 assistance. 24 (B) PLANS ALREADY RECEIVING PBGC AS- 25 SISTANCE.—The Director of the Pension Reha- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00946 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 947 1 bilitation Administration shall provide for a 2 simplified application for the loan under this 3 section which may be used by an insolvent plan 4 which has not been terminated and which is al- 5 ready receiving financial assistance (other than 6 under section 4261(d) of such Act) from the 7 Pension Benefit Guaranty Corporation at the 8 time of the application for the loan under this 9 section. 10 (3) USE 11 OF LOAN FUNDS.— (A) IN GENERAL.—Notwithstanding sec- 12 tion 432(f)(2)(A)(ii) of the Internal Revenue 13 Code of 1986 and section 305(f)(2)(A)(ii) of 14 such Act, the loan received under subsection (a) 15 shall only be used to purchase annuity contracts 16 which meet the requirements of subparagraph 17 (B) or to implement a portfolio described in 18 subparagraph (C) (or a combination of the two) 19 to provide the benefits described in paragraph 20 (1). 21 (B) 22 MENTS.—The 23 under subparagraph (A) shall be issued by an 24 insurance company which is licensed to do busi- 25 ness under the laws of any State and which is ANNUITY CONTRACT annuity contracts REQUIRE- purchased L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00947 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 948 1 rated A or better by a nationally recognized sta- 2 tistical rating organization, and the purchase of 3 such contracts shall meet all applicable fidu- 4 ciary standards under the Employee Retirement 5 Income Security Act of 1974. 6 (C) PORTFOLIO.— 7 (i) IN 8 GENERAL.—A portfolio de- scribed in this subparagraph is— 9 (I) a cash matching portfolio or 10 duration matching portfolio consisting 11 of investment grade (as rated by a na- 12 tionally recognized statistical rating 13 organization) 14 ments, including United States dollar- 15 denominated public or private debt 16 obligations issued or guaranteed by 17 the United States or a foreign issuer, 18 which are tradeable in United States 19 currency and are issued at fixed or 20 zero coupon rates; or fixed income invest- 21 (II) any other portfolio pre- 22 scribed by the Secretary of the Treas- 23 ury in regulations which has a similar 24 risk profile to the portfolios described 25 in subclause (I) and is equally protec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00948 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 949 1 tive of the interests of participants 2 and beneficiaries. 3 Once implemented, such a portfolio shall 4 be maintained until all liabilities to partici- 5 pants and beneficiaries in pay status, and 6 terminated vested participants, at the time 7 of the loan are satisfied. 8 (ii) FIDUCIARY DUTY.—Any invest- 9 ment manager of a portfolio under this 10 subparagraph shall acknowledge in writing 11 that such person is a fiduciary under the 12 Employee Retirement Income Security Act 13 of 1974 with respect to the plan. 14 (iii) TREATMENT OF PARTICIPANTS 15 AND 16 beneficiaries covered by a portfolio under 17 this subparagraph shall continue to be 18 treated as participants and beneficiaries of 19 the plan, including for purposes of title IV 20 of the Employee Retirement Income Secu- 21 rity Act of 1974. 22 (D) ACCOUNTING.— 23 BENEFICIARIES.—Participants (i) IN GENERAL.—Annuity and contracts 24 purchased 25 under this paragraph shall be used solely and portfolios implemented L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00949 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 950 1 to provide the benefits described in para- 2 graph (1) until all such benefits have been 3 paid and shall be accounted for separately 4 from the other assets of the plan. 5 (ii) OVERSIGHT 6 OF NON-ANNUITY IN- VESTMENTS.— 7 (I) IN GENERAL.—Any portfolio 8 implemented under this paragraph 9 shall be subject to oversight by the 10 Pension 11 tion, including a mandatory triennial 12 review of the adequacy of the portfolio 13 to provide the benefits described in 14 paragraph (1) and approval (to be 15 provided within a reasonable period of 16 time) of any decision by the plan 17 sponsor to change the investment 18 manager of the portfolio. 19 (II) REMEDIAL Rehabilitation Administra- ACTION.—If the 20 oversight under subclause (I) deter- 21 mines an inadequacy, the plan spon- 22 sor shall take remedial action to en- 23 sure that the inadequacy will be cured 24 within 2 years of such determination. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00950 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 951 1 (E) OMBUDSPERSON.—The Participant 2 and Plan Sponsor Advocate established under 3 section 4004 of the Employee Retirement In- 4 come Security Act of 1974 shall act as 5 ombudsperson for participants and beneficiaries 6 on behalf of whom annuity contracts are pur- 7 chased or who are covered by a portfolio under 8 this paragraph. 9 (e) COLLECTION OF REPAYMENT.—Except as pro- 10 vided in subsection (f), the Pension Rehabilitation Admin11 istration shall make every effort to collect repayment of 12 loans under this section in accordance with section 3711 13 of title 31, United States Code. 14 (f) LOAN DEFAULT.—If a plan is unable to make any 15 payment on a loan under this section when due, the Pen16 sion Rehabilitation Administration shall negotiate with the 17 plan sponsor revised terms for repayment (including in18 stallment payments over a reasonable period or forgive19 ness of a portion of the loan principal), but only to the 20 extent necessary to avoid insolvency in the subsequent 18 21 months. 22 (g) AUTHORITY TO ISSUE RULES, ETC.—The Direc- 23 tor of the Pension Rehabilitation Administration, in con24 sultation with the Director of the Pension Benefit Guar25 anty Corporation, the Secretary of the Treasury, and the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00951 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 952 1 Secretary of Labor, is authorized to issue rules regarding 2 the form, content, and process of applications for loans 3 under this section, actuarial standards and assumptions 4 to be used in making estimates and projections for pur5 poses of such applications, and assumptions regarding in6 terest rates, mortality, and distributions with respect to 7 a portfolio described in subsection (d)(3)(C). 8 (h) REPORT TO CONGRESS ON STATUS OF CERTAIN 9 PLANS WITH LOANS.—Not later than 1 year after the 10 first loan is made under this section, and annually there11 after, the Director of the Pension Rehabilitation Adminis12 tration shall submit to the Committee on Ways and Means 13 and the Committee on Education and Labor of the House 14 of Representatives, and the Committee on Finance and the 15 Committee on Health, Education, Labor and Pensions of 16 the Senate, a report identifying any plan that— 17 (1) has failed to make any scheduled payment 18 on a loan under this section; 19 (2) has negotiated revised terms for repayment 20 of such loan (including any installment payments or 21 forgiveness of a portion of the loan principal); or 22 (3) the Director has determined is no longer 23 reasonably expected to be able to— 24 (A) pay benefits and the interest on the 25 loan; or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00952 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 953 1 (B) accumulate sufficient funds to repay 2 the principal when due. 3 Such report shall include the details of any such failure, 4 revised terms, or determination, as the case may be. 5 (i) COORDINATION WITH TAXATION 6 BUSINESS INCOME.—Subparagraph OF (A) UNRELATED of section 7 514(c)(6) of the Internal Revenue Code of 1986 is amend8 ed— 9 (1) by striking ‘‘or’’ at the end of clause (i); 10 (2) by striking the period at the end of clause 11 (ii)(II) and inserting ‘‘, or’’; and 12 (3) by adding at the end the following new 13 clause: 14 ‘‘(iii) indebtedness with respect to a 15 multiemployer plan under a loan made by 16 the Pension Rehabilitation Administration 17 pursuant to section 504 of the Rehabilita- 18 tion for Multiemployer Pensions Act of 19 2020.’’. 20 SEC. 505. COORDINATION WITH WITHDRAWAL LIABILITY 21 AND FUNDING RULES. 22 (a) AMENDMENT TO INTERNAL REVENUE CODE OF 23 1986.—Section 432 of the Internal Revenue Code of 1986 24 is amended by adding at the end the following new sub25 section: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00953 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 954 1 2 ‘‘(k) SPECIAL RULES SION FOR REHABILITATION LOANS.— 3 ‘‘(1) DETERMINATION 4 PLANS RECEIVING PEN- OF WITHDRAWAL LIABIL- ITY.— 5 ‘‘(A) IN GENERAL.—If any employer par- 6 ticipating in a plan at the time the plan receives 7 a loan under section 504(a) of the Rehabilita- 8 tion for Multiemployer Pensions Act of 2020 9 withdraws from the plan before the end of the 10 30-year period beginning on the date of the 11 loan, the withdrawal liability of such employer 12 shall be determined under the Employee Retire- 13 ment Income Security Act of 1974— 14 ‘‘(i) by applying section 4219(c)(1)(D) 15 of the Employee Retirement Income Secu- 16 rity Act of 1974 as if the plan were termi- 17 nating by the withdrawal of every employer 18 from the plan, and 19 ‘‘(ii) by determining the value of non- 20 forfeitable benefits under the plan at the 21 time of the deemed termination by using 22 the interest assumptions prescribed for 23 purposes of section 4044 of the Employee 24 Retirement Income Security Act of 1974, 25 as prescribed in the regulations under sec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00954 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 955 1 tion 4281 of the Employee Retirement In- 2 come Security Act of 1974 in the case of 3 such a mass withdrawal. 4 ‘‘(B) ANNUITY CONTRACTS AND INVEST- 5 MENT 6 FUNDS.—Annuity 7 portfolios implemented under section 504(d)(3) 8 of the Rehabilitation for Multiemployer Pen- 9 sions Act of 2020 shall not be taken into ac- 10 count as plan assets in determining the with- 11 drawal liability of any employer under subpara- 12 graph (A), but the amount equal to the greater 13 of— PORTFOLIOS PURCHASED contracts WITH purchased LOAN and 14 ‘‘(i) the benefits provided under such 15 contracts or portfolios to participants and 16 beneficiaries, or 17 ‘‘(ii) the remaining payments due on 18 the loan under section 4(a) of such Act, 19 shall be taken into account as unfunded vested 20 benefits in determining such withdrawal liabil- 21 ity. 22 ‘‘(2) COORDINATION WITH FUNDING REQUIRE- 23 MENTS.—In 24 under section 504(a)of the Rehabilitation for Multi- 25 employer Pensions Act of 2020— the case of a plan which receives a loan L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00955 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 956 1 ‘‘(A) annuity contracts purchased and 2 portfolios implemented under section 4(d)(3) of 3 such Act, and the benefits provided to partici- 4 pants and beneficiaries under such contracts or 5 portfolios, shall not be taken into account in de- 6 termining 7 under section 412, minimum required contributions 8 ‘‘(B) payments on the interest and prin- 9 cipal under the loan, and any benefits owed in 10 excess of those provided under such contracts 11 or portfolios, shall be taken into account as li- 12 abilities for purposes of such section, and 13 ‘‘(C) if such a portfolio is projected due to 14 unfavorable investment or actuarial experience 15 to be unable to fully satisfy the liabilities which 16 it covers, the amount of the liabilities projected 17 to be unsatisfied shall be taken into account as 18 liabilities for purposes of such section.’’. 19 20 (b) AMENDMENT COME SECURITY ACT TO OF EMPLOYEE RETIREMENT IN- 1974.—Section 305 of the Em- 21 ployee Retirement Income Security Act of 1974 (29 22 U.S.C. 1085) is amended by adding at the end the fol23 lowing new subsection: 24 25 ‘‘(k) SPECIAL RULES SION FOR PLANS RECEIVING PEN- REHABILITATION LOANS.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00956 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 957 1 ‘‘(1) DETERMINATION 2 OF WITHDRAWAL LIABIL- ITY.— 3 ‘‘(A) IN GENERAL.—If any employer par- 4 ticipating in a plan at the time the plan receives 5 a loan under section 504(a) of the Rehabilita- 6 tion for Multiemployer Pensions Act of 2020 7 withdraws from the plan before the end of the 8 30-year period beginning on the date of the 9 loan, the withdrawal liability of such employer 10 shall be determined— 11 ‘‘(i) by applying section 4219(c)(1)(D) 12 as if the plan were terminating by the 13 withdrawal of every employer from the 14 plan, and 15 ‘‘(ii) by determining the value of non- 16 forfeitable benefits under the plan at the 17 time of the deemed termination by using 18 the interest assumptions prescribed for 19 purposes of section 4044, as prescribed in 20 the regulations under section 4281 in the 21 case of such a mass withdrawal. 22 ‘‘(B) ANNUITY CONTRACTS AND INVEST- 23 MENT 24 FUNDS.—Annuity 25 portfolios implemented under section 504(d)(3) PORTFOLIOS PURCHASED contracts WITH purchased LOAN and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00957 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 958 1 of the Rehabilitation for Multiemployer Pen- 2 sions Act of 2020 shall not be taken into ac- 3 count in determining the withdrawal liability of 4 any employer under subparagraph (A), but the 5 amount equal to the greater of— 6 ‘‘(i) the benefits provided under such 7 contracts or portfolios to participants and 8 beneficiaries, or 9 ‘‘(ii) the remaining payments due on 10 the loan under section 4(a) of such Act, 11 shall be taken into account as unfunded vested 12 benefits in determining such withdrawal liabil- 13 ity. 14 ‘‘(2) COORDINATION WITH FUNDING REQUIRE- 15 MENTS.—In 16 under section 504(a) of the Rehabilitation for Multi- 17 employer Pensions Act of 2020— the case of a plan which receives a loan 18 ‘‘(A) annuity contracts purchased and 19 portfolios implemented under section 4(d)(3) of 20 such Act, and the benefits provided to partici- 21 pants and beneficiaries under such contracts or 22 portfolios, shall not be taken into account in de- 23 termining 24 under section 302, minimum required contributions L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00958 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 959 1 ‘‘(B) payments on the interest and prin- 2 cipal under the loan, and any benefits owed in 3 excess of those provided under such contracts 4 or portfolios, shall be taken into account as li- 5 abilities for purposes of such section, and 6 ‘‘(C) if such a portfolio is projected due to 7 unfavorable investment or actuarial experience 8 to be unable to fully satisfy the liabilities which 9 it covers, the amount of the liabilities projected 10 to be unsatisfied shall be taken into account as 11 liabilities for purposes of such section.’’. 12 SEC. 506. ISSUANCE OF TREASURY BONDS. 13 The Secretary of the Treasury shall from time to time 14 transfer from the general fund of the Treasury to the Pen15 sion Rehabilitation Trust Fund established under section 16 9512 of the Internal Revenue Code of 1986 such amounts 17 as are necessary to fund the loan program under section 18 504 of this Act, including from proceeds from the Sec19 retary’s issuance of obligations under chapter 31 of title 20 31, United States Code. 21 SEC. 507. REPORTS OF PLANS RECEIVING PENSION REHA- 22 BILITATION LOANS. 23 (a) IN GENERAL.—Subpart E of part III of sub- 24 chapter A of chapter 61 of the Internal Revenue Code of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00959 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 960 1 1986 is amended by adding at the end the following new 2 section: 3 ‘‘SEC. 6059A. REPORTS OF PLANS RECEIVING PENSION RE- 4 HABILITATION LOANS. 5 ‘‘(a) IN GENERAL.—In the case of a plan receiving 6 a loan under section 504(a) of the Rehabilitation for Mul7 tiemployer Pensions Act of 2020, with respect to the first 8 plan year beginning after the date of the loan and each 9 of the 29 succeeding plan years, not later than the 90th 10 day of each such plan year the plan sponsor shall file with 11 the Secretary a report (including appropriate documenta12 tion and actuarial certifications from the plan actuary, as 13 required by the Secretary) that contains— 14 ‘‘(1) the funded percentage (as defined in sec- 15 tion 432(j)(2)) as of the first day of such plan year, 16 and the underlying actuarial value of assets (deter- 17 mined with regard, and without regard, to annuity 18 contracts purchased and portfolios implemented with 19 proceeds of such loan) and liabilities (including any 20 amounts due with respect to such loan) taken into 21 account in determining such percentage, 22 ‘‘(2) the market value of the assets of the plan 23 (determined as provided in paragraph (1)) as of the 24 last day of the plan year preceding such plan year, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00960 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 961 1 ‘‘(3) the total value of all contributions made by 2 employers and employees during the plan year pre- 3 ceding such plan year, 4 ‘‘(4) the total value of all benefits paid during 5 the plan year preceding such plan year, 6 ‘‘(5) cash flow projections for such plan year 7 and the 9 succeeding plan years, and the assump- 8 tions used in making such projections, 9 ‘‘(6) funding standard account projections for 10 such plan year and the 9 succeeding plan years, and 11 the assumptions relied upon in making such projec- 12 tions, 13 ‘‘(7) the total value of all investment gains or 14 losses during the plan year preceding such plan year, 15 ‘‘(8) any significant reduction in the number of 16 active participants during the plan year preceding 17 such plan year, and the reason for such reduction, 18 ‘‘(9) a list of employers that withdrew from the 19 plan in the plan year preceding such plan year, and 20 the resulting reduction in contributions, 21 ‘‘(10) a list of employers that paid withdrawal 22 liability to the plan during the plan year preceding 23 such plan year and, for each employer, a total as- 24 sessment of the withdrawal liability paid, the annual 25 payment amount, and the number of years remain- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00961 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 962 1 ing in the payment schedule with respect to such 2 withdrawal liability, 3 ‘‘(11) any material changes to benefits, accrual 4 rates, or contribution rates during the plan year pre- 5 ceding such plan year, and whether such changes re- 6 late to the terms of the loan, 7 ‘‘(12) details regarding any funding improve- 8 ment plan or rehabilitation plan and updates to such 9 plan, 10 ‘‘(13) the number of participants during the 11 plan year preceding such plan year who are active 12 participants, the number of participants and bene- 13 ficiaries in pay status, and the number of terminated 14 vested participants and beneficiaries, 15 ‘‘(14) the amount of any financial assistance re- 16 ceived under section 4261 of the Employee Retire- 17 ment Income Security Act of 1974 to pay benefits 18 during the preceding plan year, and the total 19 amount of such financial assistance received for all 20 preceding years, 21 ‘‘(15) the information contained on the most re- 22 cent annual funding notice submitted by the plan 23 under section 101(f) of the Employee Retirement In- 24 come Security Act of 1974, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00962 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 963 1 ‘‘(16) the information contained on the most re- 2 cent annual return under section 6058 and actuarial 3 report under section 6059 of the plan, and 4 ‘‘(17) copies of the plan document and amend- 5 ments, other retirement benefit or ancillary benefit 6 plans relating to the plan and contribution obliga- 7 tions under such plans, a breakdown of administra- 8 tive expenses of the plan, participant census data 9 and distribution of benefits, the most recent actu- 10 arial valuation report as of the plan year, copies of 11 collective bargaining agreements, and financial re- 12 ports, and such other information as the Secretary, 13 in consultation with the Director of the Pension Re- 14 habilitation Administration, may require. 15 ‘‘(b) ELECTRONIC SUBMISSION.—The report re- 16 quired under subsection (a) shall be submitted electroni17 cally. 18 ‘‘(c) INFORMATION SHARING.—The Secretary shall 19 share the information in the report under subsection (a) 20 with the Secretary of Labor and the Director of the Pen21 sion Benefit Guaranty Corporation. 22 23 ‘‘(d) REPORT AND TO PARTICIPANTS, BENEFICIARIES, EMPLOYERS.—Each plan sponsor required to file a 24 report under subsection (a) shall, before the expiration of 25 the time prescribed for the filing of such report, also pro- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00963 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 964 1 vide a summary (written in a manner so as to be under2 stood by the average plan participant) of the information 3 in such report to participants and beneficiaries in the plan 4 and to each employer with an obligation to contribute to 5 the plan.’’. 6 (b) PENALTY.—Subsection (e) of section 6652 of the 7 Internal Revenue Code of 1986 is amended— 8 (1) by inserting ‘‘, 6059A (relating to reports of 9 plans receiving pension rehabilitation loans)’’ after 10 ‘‘deferred compensation)’’; 11 (2) by inserting ‘‘($100 in the case of failures 12 under section 6059A)’’ after ‘‘$25’’; and 13 (3) by adding at the end the following: ‘‘In the 14 case of a failure with respect to section 6059A, the 15 amount imposed under this subsection shall not be 16 paid from the assets of the plan.’’. 17 (c) CLERICAL AMENDMENT.—The table of sections 18 for subpart E of part III of subchapter A of chapter 61 19 of the Internal Revenue Code of 1986 is amended by add20 ing at the end the following new item: ‘‘Sec. 6059A. Reports of plans receiving pension rehabilitation loans.’’. 21 SEC. 508. PBGC FINANCIAL ASSISTANCE. 22 (a) IN GENERAL.—Section 4261 of the Employee Re- 23 tirement Income Security Act of 1974 (29 U.S.C. 1431) 24 is amended by adding at the end the following new sub25 section: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00964 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 965 1 ‘‘(d)(1) The plan sponsor of a multiemployer plan— 2 ‘‘(A) which is in critical and declining status 3 (within the meaning of section 305(b)(6)) as of the 4 date of the enactment of this subsection or during 5 the 2-year period beginning on such date, or with re- 6 spect to which a suspension of benefits has been ap- 7 proved under section 305(e)(9) as of such date; 8 ‘‘(B) which, as of such date of enactment or 9 during such period, is in critical status (within the 10 meaning of section 305(b)(2)), has a modified fund- 11 ed percentage of less than 40 percent (as defined in 12 section 504(a)(1) of the Rehabilitation for Multiem- 13 ployer Pensions Act of 2020), and has a ratio of ac- 14 tive to inactive participants which is less than 2 to 15 5; or 16 ‘‘(C) which is insolvent for purposes of section 17 418E of the Internal Revenue Code of 1986 as of 18 such date of enactment or during such period, if the 19 plan became insolvent after December 16, 2014, and 20 has not been terminated; 21 and which is applying for a loan under section 504(a) of 22 the Rehabilitation for Multiemployer Pensions Act of 2020 23 may also apply to the corporation for financial assistance 24 under this subsection, by jointly submitting such applica25 tions in accordance with section 4(d)(2) of such Act. The L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00965 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 966 1 application for financial assistance under this subsection 2 shall demonstrate, based on projections by the plan actu3 ary, that after the receipt of the anticipated loan amount 4 under section 4(a) of such Act, the plan will still become 5 (or remain) insolvent within the 30-year period beginning 6 on the date of the loan. 7 ‘‘(2) In reviewing an application under paragraph 8 (1), the corporation shall review the determinations and 9 demonstrations submitted with the loan application under 10 section 504(c) of the Rehabilitation for Multiemployer 11 Pensions Act of 2020 and provide guidance regarding such 12 determinations and demonstrations prior to approving any 13 application for financial assistance under this subsection. 14 The corporation may deny any application if any such de15 terminations or demonstrations (or any underlying as16 sumptions) are clearly erroneous, or inconsistent with 17 rules issued by the corporation, and the plan and the cor18 poration are unable to reach agreement on such deter19 minations or demonstrations. The corporation shall pre20 scribe any such rules or guidance not later than August 21 31, 2020. 22 ‘‘(3) In the case of a plan described in paragraph 23 (1)(A) or (1)(B), the total financial assistance provided 24 under this subsection shall be an amount equal to the 25 smallest portion of the loan amount with respect to the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00966 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 967 1 plan under paragraph (1)(A) or (1)(B)(ii) of section 2 504(d) of the Rehabilitation for Multiemployer Pensions 3 Act of 2020 (determined without regard to paragraph (2) 4 thereof) that, if provided as financial assistance under this 5 subsection instead of a loan, would allow the plan to avoid 6 the projected insolvency. 7 ‘‘(4) In the case of a plan described in paragraph 8 (1)(C), the financial assistance provided pursuant to such 9 application under this subsection shall be the present value 10 of the amount (determined by the plan actuary and sub11 mitted on the application) that, if such amount were paid 12 by the corporation in combination with the loan and any 13 other assistance being provided to the plan by the corpora14 tion at the time of the application, would enable the plan 15 to emerge from insolvency and avoid any other insolvency 16 projected under paragraph (1). 17 ‘‘(5)(A)(i) Except as provided in subparagraph (B), 18 if the corporation determines at the time of approval, or 19 at the beginning of any plan year beginning thereafter, 20 that the plan’s 5-year expenditure projection (determined 21 without regard to loan payments described in clause 22 (iii)(III)) exceeds the fair market value of the plan’s as23 sets, the corporation shall (subject to the total amount of 24 financial assistance approved under this subsection) pro25 vide such assistance in an amount equal to the lesser of— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00967 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 968 1 ‘‘(I) the amount by which the plan’s 5-year 2 expenditure projection exceeds such fair market 3 value; or 4 ‘‘(II) the plan’s expected expenditures for 5 the plan year. 6 ‘‘(ii) For purposes of this subparagraph, the term ‘5- 7 year expenditure projection’ means, with respect to any 8 plan for a plan year, an amount equal to 500 percent of 9 the plan’s expected expenditures for the plan year. 10 ‘‘(iii) For purposes of this subparagraph, the term 11 ‘expected expenditures’ means, with respect to any plan 12 for a plan year, an amount equal to the sum of— 13 ‘‘(I) expected benefit payments for the plan 14 year; 15 ‘‘(II) expected administrative expense payments 16 for the plan year; plus 17 ‘‘(III) payments on the loan scheduled during 18 the plan year pursuant to the terms of the loan 19 under section 504(b) of the Rehabilitation for Multi- 20 employer Pensions Act of 2020. 21 ‘‘(iv) For purposes of this subparagraph, in the case 22 of any plan year during which a plan is approved for a 23 loan under section 4 of such Act, but has not yet received 24 the proceeds, such proceeds shall be included in deter25 mining the fair market value of the plan’s assets for the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00968 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 969 1 plan year. The preceding sentence shall not apply in the 2 case of any plan that for the plan year beginning in 2015 3 was certified pursuant to section 305(b)(3) as being in 4 critical and declining status, and had more than 300,000 5 participants. 6 ‘‘(B) The financial assistance under this subsection 7 shall be provided in a lump sum if the plan sponsor dem8 onstrates in the application, and the corporation deter9 mines, that such a lump sum payment is necessary for 10 the plan to avoid the insolvency to which the application 11 relates. In the case of a plan described in paragraph 12 (1)(C), such lump sum shall be provided not later than 13 December 31, 2020. 14 ‘‘(6) Subsections (b) and (c) shall apply to financial 15 assistance under this subsection as if it were provided 16 under subsection (a), except that the terms for repayment 17 under subsection (b)(2) shall not require the financial as18 sistance to be repaid before the date on which the loan 19 under section 504(a) of the Rehabilitation for Multiem20 ployer Pensions Act of 2020 is repaid in full. 21 ‘‘(7) The corporation may forgo repayment of the fi- 22 nancial assistance provided under this subsection if nec23 essary to avoid any suspension of the accrued benefits of 24 participants.’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00969 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 970 1 (b) APPROPRIATIONS.—There is appropriated to the 2 Director of the Pension Benefit Guaranty Corporation 3 such sums as may be necessary for each fiscal year to pro4 vide the financial assistance described in section 4261(d) 5 of the Employee Retirement Income Security Act of 1974 6 (29 U.S.C. 1431(d)) (as added by this section) (including 7 necessary administrative and operating expenses relating 8 to such assistance). 12 DIVISION U—TELECOMMUNICATIONS PROVISIONS TITLE I—COVID–19 PRICE GOUGING PREVENTION 13 SEC. 101. SHORT TITLE. 9 10 11 14 This title may be cited as the ‘‘COVID–19 Price 15 Gouging Prevention Act’’. 16 SEC. 102. PREVENTION OF PRICE GOUGING. 17 (a) IN GENERAL.—For the duration of a public 18 health emergency declared pursuant to section 319 of the 19 Public Health Service Act (42 U.S.C. 247d) as a result 20 of confirmed cases of 2019 novel coronavirus (COVID– 21 19), including any renewal thereof, it shall be unlawful 22 for any person to sell or offer for sale a good or service 23 at a price that— 24 (1) is unconscionably excessive; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00970 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 971 1 (2) indicates the seller is using the cir- 2 cumstances related to such public health emergency 3 to increase prices unreasonably. 4 (b) FACTORS FOR CONSIDERATION.—In determining 5 whether a person has violated subsection (a), there shall 6 be taken into account, with respect to the price at which 7 such person sold or offered for sale the good or service, 8 factors that include the following: 9 (1) Whether such price grossly exceeds the av- 10 erage price at which the same or a similar good or 11 service was sold or offered for sale by such person— 12 (A) during the 90-day period immediately 13 preceding January 31, 2020; or 14 (B) during the same 90-day period of the 15 previous year. 16 (2) Whether such price grossly exceeds the av- 17 erage price at which the same or a similar good or 18 service was readily obtainable from other similarly 19 situated competing sellers before January 31, 2020. 20 (3) Whether such price reasonably reflects addi- 21 tional costs, not within the control of such person, 22 that were paid, incurred, or reasonably anticipated 23 by such person, or reasonably reflects the profit- 24 ability of forgone sales or additional risks taken by L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00971 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 972 1 such person, to produce, distribute, obtain, or sell 2 such good or service under the circumstances. 3 (c) ENFORCEMENT.— 4 (1) ENFORCEMENT 5 BY FEDERAL TRADE COM- MISSION.— 6 (A) UNFAIR OR DECEPTIVE ACTS OR PRAC- 7 TICES.—A 8 treated as a violation of a regulation under sec- 9 tion 18(a)(1)(B) of the Federal Trade Commis- 10 sion Act (15 U.S.C. 57a(a)(1)(B)) regarding 11 unfair or deceptive acts or practices. 12 violation of subsection (a) shall be (B) POWERS OF COMMISSION.—The Com- 13 mission shall enforce subsection (a) in the same 14 manner, by the same means, and with the same 15 jurisdiction, powers, and duties as though all 16 applicable terms and provisions of the Federal 17 Trade Commission Act (15 U.S.C. 41 et seq.) 18 were incorporated into and made a part of this 19 section. Any person who violates such sub- 20 section shall be subject to the penalties and en- 21 titled to the privileges and immunities provided 22 in the Federal Trade Commission Act. 23 (2) EFFECT 24 ON OTHER LAWS.—Nothing in this section shall be construed in any way to limit the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00972 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 973 1 authority of the Commission under any other provi- 2 sion of law. 3 (3) ENFORCEMENT 4 BY STATE ATTORNEYS GEN- ERAL.— 5 (A) IN GENERAL.—If the chief law en- 6 forcement officer of a State, or an official or 7 agency designated by a State, has reason to be- 8 lieve that any person has violated or is violating 9 subsection (a), the attorney general, official, or 10 agency of the State, in addition to any author- 11 ity it may have to bring an action in State 12 court under its consumer protection law, may 13 bring a civil action in any appropriate United 14 States district court or in any other court of 15 competent jurisdiction, including a State court, 16 to— 17 (i) enjoin further such violation by 18 such person; 19 (ii) enforce compliance with such sub- 20 section; 21 (iii) obtain civil penalties; and 22 (iv) obtain damages, restitution, or 23 other compensation on behalf of residents 24 of the State. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00973 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 974 1 (B) NOTICE AND INTERVENTION BY THE 2 FTC.—The 3 provide prior written notice of any action under 4 subparagraph (A) to the Commission and pro- 5 vide the Commission with a copy of the com- 6 plaint in the action, except in any case in which 7 such prior notice is not feasible, in which case 8 the attorney general shall serve such notice im- 9 mediately upon instituting such action. The 10 attorney general of a State shall Commission shall have the right— 11 (i) to intervene in the action; 12 (ii) upon so intervening, to be heard 13 on all matters arising therein; and 14 (iii) to file petitions for appeal. 15 (C) LIMITATION ON STATE ACTION WHILE 16 FEDERAL ACTION IS PENDING.—If 17 sion has instituted a civil action for violation of 18 this section, no State attorney general, or offi- 19 cial or agency of a State, may bring an action 20 under this paragraph during the pendency of 21 that action against any defendant named in the 22 complaint of the Commission for any violation 23 of this section alleged in the complaint. 24 (D) 25 RELATIONSHIP CLAIMS.—If WITH the Commis- STATE-LAW the attorney general of a State has L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00974 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 975 1 authority to bring an action under State law di- 2 rected at acts or practices that also violate this 3 section, the attorney general may assert the 4 State-law claim and a claim under this section 5 in the same civil action. 6 (4) SAVINGS CLAUSE.—Nothing in this section 7 shall preempt or otherwise affect any State or local 8 law. 9 (d) DEFINITIONS.—In this section: 10 (1) COMMISSION.—The term ‘‘Commission’’ 11 means the Federal Trade Commission. 12 (2) GOOD OR SERVICE.—The term ‘‘good or 13 service’’ means a good or service offered in com- 14 merce, including— 15 (A) food, beverages, water, ice, a chemical, 16 or a personal hygiene product; 17 (B) any personal protective equipment for 18 protection from or prevention of contagious dis- 19 eases, filtering facepiece respirators, medical 20 supplies (including medical testing supplies), 21 cleaning supplies, disinfectants, sanitizers; or 22 (C) any healthcare service, cleaning serv- 23 ice, or delivery service. 24 (3) STATE.—The term ‘‘State’’ means each of 25 the several States, the District of Columbia, each L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00975 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 976 1 commonwealth, territory, or possession of the United 2 States, and each federally recognized Indian Tribe. 3 5 TITLE II—E–RATE SUPPORT FOR WI-FI HOTSPOTS AND CONNECTED DEVICES 6 SEC. 201. E–RATE SUPPORT FOR WI-FI HOTSPOTS AND CON- 7 NECTED DEVICES DURING EMERGENCY PERI- 8 ODS RELATING TO COVID–19. 4 9 (a) REGULATIONS REQUIRED.—Not later than 7 10 days after the date of the enactment of this Act, the Com11 mission shall promulgate regulations providing for the 12 provision, during an emergency period described in sub13 section (b) and from amounts made available from the 14 Emergency Connectivity Fund established under sub15 section (i)(1), of universal service support under section 16 254(h)(1)(B) of the Communications Act of 1934 (47 17 U.S.C. 254(h)(1)(B)) to an elementary school, secondary 18 school, or library eligible for support under such section, 19 as well as a tribal elementary school, tribal secondary 20 school, or tribal library designated as eligible to receive 21 support under such regulations by an Indian tribe that 22 is eligible for support under section 261 of the Library 23 Services and Technology Act (20 U.S.C. 9161), for— 24 (1) providing Wi-Fi hotspots to— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00976 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 977 1 (A) in the case of a school, students and 2 staff of such school for use at locations that in- 3 clude locations other than such school; and 4 (B) in the case of a library, patrons of 5 such library for use at locations that include lo- 6 cations other than such library; 7 (2) providing connected devices to students and 8 staff or patrons (as the case may be) for use as de- 9 scribed in subparagraph (A) or (B) of paragraph 10 (1); and 11 (3) providing mobile broadband internet access 12 service through such Wi-Fi hotspots or connected 13 devices. 14 (b) EMERGENCY PERIODS DESCRIBED.—An emer- 15 gency period described in this subsection is the duration 16 of a public health emergency declared pursuant to section 17 319 of the Public Health Service Act (42 U.S.C. 247d) 18 as a result of COVID–19, including any renewal thereof. 19 20 (c) SERVICE REQUIREMENT VICES.—If FOR CONNECTED DE- a school or library provides a connected device 21 to a student, staff member, or patron using universal serv22 ice support under the regulations required by subsection 23 (a) and such connected device is only capable of con24 necting to broadband internet access service through the 25 use of Wi-Fi, such school or library shall also provide to L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00977 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 978 1 such student, staff member, or patron a Wi-Fi hotspot and 2 mobile broadband internet access service through such Wi3 Fi hotspot. 4 5 (d) TREATMENT NECTED OF WI-FI HOTSPOTS AND CON- DEVICES AFTER EMERGENCY PERIOD.—The 6 Commission shall provide in the regulations required by 7 subsection (a) that, in the case of a school or library that 8 purchases Wi-Fi hotspots or connected devices using sup9 port received under such regulations, such school or li10 brary— 11 (1) may, after the emergency period with re- 12 spect to which such support is received, use such 13 Wi-Fi hotspots or connected devices for such pur- 14 poses as such school or library considers appro- 15 priate, subject to any restrictions provided in such 16 regulations (or any successor regulation); and 17 (2) may not sell or otherwise transfer in ex- 18 change for any thing of value such Wi-Fi hotspots 19 or connected devices. 20 (e) PRIORITIZATION OF SUPPORT.—The Commission 21 shall provide in the regulations required by subsection (a) 22 that a school or library shall prioritize the provision of 23 Wi-Fi hotspots or connected devices and associated mobile 24 broadband internet access service for which support is re25 ceived under such regulations to students and staff or pa- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00978 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 979 1 trons (as the case may be) that the school or library be2 lieves do not otherwise have access to broadband internet 3 access service at the residences of such students and staff 4 or patrons. 5 (f) CERTIFICATION REQUIREMENTS.—The Commis- 6 sion shall provide in the regulations required by subsection 7 (a) that— 8 (1) Wi-Fi hotspots and connected devices for 9 which support is received under such regulations 10 shall be treated as computers for purposes of the 11 certification requirements of paragraphs (5) and (6) 12 of section 254(h) of the Communications Act of 13 1934 (47 U.S.C. 254(h)); and 14 (2) notwithstanding the requirements of such 15 paragraphs relating to the timing of certifications, 16 the certifications required by such paragraphs shall 17 be made with respect to such Wi-Fi hotspots and 18 connected devices as a condition of receiving such 19 support. 20 (g) RULE OF CONSTRUCTION.—Nothing in this sec- 21 tion shall be construed to affect any authority the Com22 mission may have under section 254(h)(1)(B) of the Com23 munications Act of 1934 (47 U.S.C. 254(h)(1)(B)) to 24 allow universal service support under such section to be L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00979 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 980 1 used for the purposes described in subsection (a) other 2 than as required by such subsection. 3 (h) EXEMPTIONS.— 4 (1) NOTICE AND COMMENT RULEMAKING RE- 5 QUIREMENTS.—Section 6 Code, shall not apply to a regulation promulgated 7 under subsection (a) or a rulemaking to promulgate 8 such a regulation. 9 (2) PAPERWORK 553 of title 5, United States REDUCTION ACT REQUIRE- 10 MENTS.—A 11 sponsored under the regulations required by sub- 12 section (a), or under section 254 of the Communica- 13 tions Act of 1934 (47 U.S.C. 254) in connection 14 with universal service support provided under such 15 regulations, shall not constitute a collection of infor- 16 mation for the purposes of subchapter I of chapter 17 35 of title 44, United States Code (commonly re- 18 ferred to as the Paperwork Reduction Act). 19 (i) EMERGENCY CONNECTIVITY FUND.— collection of information conducted or 20 (1) ESTABLISHMENT.—There is established in 21 the Treasury of the United States a fund to be 22 known as the Emergency Connectivity Fund. 23 (2) AUTHORIZATION OF APPROPRIATIONS.— 24 There is authorized to be appropriated to the Emer- 25 gency Connectivity Fund, out of any money in the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00980 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 981 1 Treasury 2 $2,000,000,000 for fiscal year 2020, to remain 3 available through fiscal year 2021. 4 not (3) USE otherwise OF FUNDS.—Amounts appropriated, in the Emer- 5 gency Connectivity Fund shall be available to the 6 Commission to provide universal service support 7 under the regulations required by subsection (a). 8 (4) RELATIONSHIP 9 TO CONTRIBUTIONS.—Universal UNIVERSAL SERVICE service support pro- 10 vided under the regulations required by subsection 11 (a) shall be provided from amounts made available 12 under paragraph (3) and not from contributions 13 under section 254(d) of the Communications Act of 14 1934 (47 U.S.C. 254(d)). 15 (j) EXCEPTION TO GIFT RESTRICTIONS.—Not later 16 than 7 days after the date of the enactment of this Act, 17 the Commission shall amend section 54.503(d) of title 47, 18 Code of Federal Regulations, so as to provide that such 19 section does not apply in the case of a gift or other thing 20 of value that is solicited, accepted, offered, or provided 21 during an emergency period described in subsection (b) 22 for the purpose of responding to needs arising from the 23 emergency. 24 (k) DEFINITIONS.—In this section: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00981 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 982 1 (1) BROADBAND INTERNET ACCESS SERVICE.— 2 The term ‘‘broadband internet access service’’ has 3 the meaning given such term in section 8.1(b) of 4 title 47, Code of Federal Regulations (or any suc- 5 cessor regulation). 6 (2) COMMISSION.—The term ‘‘Commission’’ 7 means the Federal Communications Commission. 8 (3) CONNECTED DEVICE.—The term ‘‘con- 9 nected device’’ means a laptop computer, tablet com- 10 puter, or similar device that is capable of connecting 11 to mobile broadband internet access service, either 12 by receiving such service directly or through the use 13 of Wi-Fi. 14 (4) WI-FI.—The term ‘‘Wi-Fi’’ means a wire- 15 less networking protocol based on Institute of Elec- 16 trical and Electronics Engineers standard 802.11 17 (or any successor standard). 18 (5) 19 WI-FI HOTSPOT.—The term ‘‘Wi-Fi hotspot’’ means a device that is capable of— 20 (A) receiving mobile broadband internet 21 access service; and 22 (B) sharing such service with another de- 23 vice through the use of Wi-Fi. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00982 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 983 3 TITLE III—EMERGENCY LINE BENEFIT BROADBAND SERVICE 4 SEC. 1 2 301. EMERGENCY LIFELINE LIFEFOR BENEFIT FOR 5 BROADBAND SERVICE DURING EMERGENCY 6 PERIODS RELATING TO COVID–19. 7 (a) PROMULGATION OF REGULATIONS REQUIRED.— 8 Not later than 7 days after the date of the enactment of 9 this Act, the Commission shall promulgate regulations for 10 the provision of an emergency lifeline broadband benefit 11 described and in accordance with the requirements of this 12 section. 13 (b) REQUIREMENTS.—The regulations promulgated 14 pursuant to subsection (a) shall establish the following: 15 (1) Regardless of whether a household or any 16 consumer in the household receives support under 17 subpart E of part 54 of title 47, Code of Federal 18 Regulations, a household is eligible for the provision 19 of Tier I service or Tier II service, supported by the 20 emergency lifeline broadband benefit, during an 21 emergency period if— 22 (A) the household includes at least one 23 qualifying low-income consumer who meets the 24 qualifications in paragraphs (a) and (b) of sec- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00983 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 984 1 tion 54.409 of title 47, Code of Federal Regula- 2 tions, or any successor regulation; or 3 (B) the household receives benefits from 4 the National School Lunch Program’s free or 5 reduced cost lunch program. 6 (2) A provider of broadband internet access 7 service shall apply to the Commission for the reim- 8 bursement described in paragraph (6) for each eligi- 9 ble household that requests the emergency lifeline 10 broadband benefit and receives Tier I or Tier II 11 service from the provider. 12 (3) Within five business days of receiving a re- 13 quest from a broadband internet service provider, 14 the Commission shall determine and issue a decision 15 whether it is in the public interest— 16 (A) to allow such provider to provide Tier 17 I or Tier II service supported by the emergency 18 lifeline broadband benefit, and 19 (B) to allow the provider to use its own 20 verification processes to determine whether a 21 household is eligible to receive the emergency 22 lifeline broadband benefit according to the eligi- 23 bility criteria in paragraph (1), if such proc- 24 esses are reasonable and sufficient to avoid 25 waste, fraud, and abuse. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00984 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 985 1 (4) The Commission shall adopt reasonable rec- 2 ordkeeping and retention requirements for recipients 3 of reimbursements from the funds made available in 4 subsection (f), which requirements shall be in lieu of 5 any reporting, record keeping, retention and compli- 6 ance requirements as set forth in subpart E of part 7 54 of title 47, Code of Federal Regulations. 8 (5) The emergency period may be extended 9 within a State or any portion thereof if the Governor 10 of the State provides written, public notice to the 11 Commission stipulating that an extension is nec- 12 essary in furtherance of the recovery related to 13 COVID–19. The Commission shall, within 24 hours 14 after receiving such notice, post the notice on the 15 Commission’s public website. 16 (6) The Commission shall reimburse providers 17 of broadband internet access service from funds 18 made available in subsection (f) in the following 19 amounts: 20 (A) The broadband internet access service 21 provider shall receive $50.00 per month, or an 22 amount equal to the monthly charge for service 23 and equipment if such charge is less than 24 $50.00 per month, for each eligible household L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00985 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 986 1 that requests the emergency lifeline broadband 2 benefit and receives the Tier I service. 3 (B) The broadband internet access service 4 provider shall receive $30.00 per month, or an 5 amount equal to the monthly charge for service 6 and equipment if such charge is less than 7 $30.00 per month, for each eligible household 8 that requests the emergency lifeline broadband 9 benefit and receives Tier II service. 10 (7) To receive a reimbursement under para- 11 graph (6), a broadband internet access service pro- 12 vider shall certify to the Commission— 13 (A) the number of eligible households that 14 requested the emergency lifeline broadband ben- 15 efit and received Tier I service— 16 (i) monthly for the duration of the 17 emergency period; or 18 (ii) for each month of the emergency 19 period, collectively, after the expiration of 20 the emergency period under paragraph (5); 21 (B) the number of eligible households that 22 requested the emergency lifeline broadband ben- 23 efit and received Tier II service— 24 (i) monthly for the duration of the 25 emergency period; or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00986 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 987 1 (ii) for each month of the emergency 2 period, collectively, after the expiration of 3 the emergency period under paragraph (5); 4 (C) that the reimbursement sought for pro- 5 viding Tier I service or Tier II service to an eli- 6 gible household did not exceed the provider’s 7 rate for that offering, or similar offerings, for 8 households that are not eligible households sub- 9 scribing to the same or substantially similar 10 service; 11 (D) that eligible households for which the 12 provider is seeking reimbursement for providing 13 Tier I or Tier II service using the emergency 14 lifeline broadband benefit— 15 (i) were not charged for the Tier I 16 service or Tier II service; and 17 (ii) were not disqualified from receiv- 18 ing the emergency lifeline broadband serv- 19 ice based on past or present arrearages; 20 and 21 (E) that the eligibility of eligible house- 22 holds is verified in accordance with the require- 23 ments adopted by the Commission pursuant to 24 paragraph (3). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00987 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 988 1 (c) ELIGIBLE PROVIDERS.—The Commission may 2 provide a reimbursement to a broadband internet access 3 service provider under this section without requiring such 4 provider to be designated as an eligible telecommuni5 cations carrier under section 214(e) of the Communica6 tions Act of 1934 (47 U.S.C. 214(e)) and notwithstanding 7 section 254(e) of the Communications Act of 1934 (47 8 U.S.C. 254(e)). 9 (d) RULE OF CONSTRUCTION.—Nothing in this sec- 10 tion shall affect the collection, distribution, or administra11 tion of the Lifeline Assistance Program governed by the 12 rules set forth in subpart E of part 54 of title 47, Code 13 of Federal Regulations. 14 (e) EXEMPTIONS.— 15 (1) NOTICE AND COMMENT RULEMAKING RE- 16 QUIREMENTS.—Section 17 Code, shall not apply to a regulation promulgated 18 under subsection (a) or a rulemaking to promulgate 19 such a regulation. 20 (2) PAPERWORK 553 of title 5, United States REDUCTION ACT REQUIRE- 21 MENTS.—A 22 sponsored under the regulations required by sub- 23 section (a), or under section 254 of the Communica- 24 tions Act of 1934 (47 U.S.C. 254) in connection 25 with universal service support provided under such collection of information conducted or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00988 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 989 1 regulations, shall not constitute a collection of infor- 2 mation for the purposes of subchapter I of chapter 3 35 of title 44, United States Code (commonly re- 4 ferred to as the Paperwork Reduction Act). 5 (f) EMERGENCY BROADBAND CONNECTIVITY 6 FUND.— 7 (1) ESTABLISHMENT.—There is established in 8 the Treasury of the United States a fund to be 9 known as the Emergency Broadband Connectivity 10 Fund. 11 (2) AUTHORIZATION OF APPROPRIATIONS.— 12 There is authorized to be appropriated to the Emer- 13 gency Broadband Connectivity Fund, out of any 14 money in the Treasury not otherwise appropriated, 15 $1,000,000,000 for fiscal year 2020, to remain 16 available through fiscal year 2021. 17 (3) USE OF FUNDS.—Amounts in the Emer- 18 gency Broadband Connectivity Fund shall be avail- 19 able to the Commission to provide reimbursements 20 for Tier I service or Tier II service provided to eligi- 21 ble households under the regulations required pursu- 22 ant to subsection (a). 23 (4) RELATIONSHIP TO UNIVERSAL SERVICE 24 CONTRIBUTIONS.—Reimbursements 25 the regulations required by subsection (a) shall be provided under L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00989 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 990 1 provided from amounts made available under para- 2 graph (3) and not from contributions under section 3 254(d) of the Communications Act of 1934 (47 4 U.S.C. 254(d)). 5 (g) DEFINITIONS.—In this section: 6 (1) BROADBAND INTERNET ACCESS SERVICE.— 7 The term ‘‘broadband internet access service’’ has 8 the meaning given such term in section 8.1(b) of 9 title 47, Code of Federal Regulations (or any suc- 10 cessor regulation). 11 (2) COMMISSION.—The term ‘‘Commission’’ 12 means the Federal Communications Commission. 13 (3) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 14 household’’ means a household that meets the re- 15 quirements described in subsection (b)(1). 16 (4) EMERGENCY PERIOD.—The term ‘‘emer- 17 gency period’’ means the duration of a public health 18 emergency declared pursuant to section 319 of the 19 Public Health Service Act (42 U.S.C. 247d) as a re- 20 sult of COVID–19, including any renewal thereof. 21 (5) TIER I SERVICE.—The term ‘‘Tier I serv- 22 ice’’ means broadband internet access service that, 23 at a minimum, provides a download speed of 100 24 megabits per second, an upload speed of 10 mega- 25 bits per second, and latency that is sufficiently low L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00990 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 991 1 to allow real-time, interactive applications, with no 2 data caps or additional fees for the provision of such 3 service, except taxes and other governmental fees. 4 (6) TIER II SERVICE.—The term ‘‘Tier II serv- 5 ice’’ means broadband internet access service that, 6 at a minimum, provides a download speed of 25 7 megabits per second, an upload speed of 3 megabits 8 per second, and latency that is sufficiently low to 9 allow real-time, interactive applications, with no data 10 caps or additional fees for the provision of such serv- 11 ice, except taxes and other governmental fees. 13 TITLE IV—CONTINUED CONNECTIVITY 14 SEC. 401. CONTINUED CONNECTIVITY DURING EMERGENCY 12 15 PERIODS RELATING TO COVID–19. 16 Title VII of the Communications Act of 1934 (47 17 U.S.C. 601 et seq.) is amended by adding at the end the 18 following: 19 ‘‘SEC. 723. CONTINUED CONNECTIVITY DURING EMER- 20 GENCY PERIODS RELATING TO COVID–19. 21 ‘‘(a) IN GENERAL.—During an emergency period de- 22 scribed in subsection (b), it shall be unlawful— 23 ‘‘(1) for a provider of advanced telecommuni- 24 cations service or voice service to— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00991 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 992 1 ‘‘(A) terminate, reduce, or change such 2 service provided to any individual customer or 3 small business because of the inability of the in- 4 dividual customer or small business to pay for 5 such service if the individual customer or small 6 business certifies to such provider that such in- 7 ability to pay is a result of disruptions caused 8 by the public health emergency to which such 9 emergency period relates; or 10 ‘‘(B) impose late fees on any individual 11 customer or small business because of the in- 12 ability of the individual customer or small busi- 13 ness to pay for such service if the individual 14 customer or small business certifies to such pro- 15 vider that such inability to pay is a result of 16 disruptions caused by the public health emer- 17 gency to which such emergency period relates; 18 ‘‘(2) for a provider of advanced telecommuni- 19 cations service to, during such emergency period— 20 ‘‘(A) employ a limit on the amount of data 21 allotted to an individual customer or small busi- 22 ness during such emergency period, except that 23 such provider may engage in reasonable net- 24 work management; or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00992 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 993 1 ‘‘(B) charge an individual customer or 2 small business an additional fee for exceeding 3 the limit on the data allotted to an individual 4 customer or small business; or 5 ‘‘(3) for a provider of advanced telecommuni- 6 cations service that had functioning Wi-Fi hotspots 7 available to subscribers in public places on the day 8 before the beginning of such emergency period to 9 fail to make service provided by such Wi-Fi hotspots 10 available to the public at no cost during such emer- 11 gency period. 12 ‘‘(b) WAIVER.—Upon a petition by a provider ad- 13 vanced telecommunications service or voice service, the 14 provisions in subsection (a) may be suspended or waived 15 by the Commission at any time, in whole or in part, for 16 good cause shown. 17 ‘‘(c) EMERGENCY PERIODS DESCRIBED.—An emer- 18 gency period described in this subsection is any portion 19 beginning on or after the date of the enactment of this 20 section of the duration of a public health emergency de21 clared pursuant to section 319 of the Public Health Serv22 ice Act (42 U.S.C. 247d) as a result of COVID–19, includ23 ing any renewal thereof. 24 ‘‘(d) DEFINITIONS.—In this section: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00993 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 994 1 ‘‘(1) ADVANCED TELECOMMUNICATIONS SERV- 2 ICE.—The 3 ice’ means a service that provides advanced tele- 4 communications capability (as defined in section 706 5 of the Telecommunications Act of 1996 (47 U.S.C. 6 1302)). 7 term ‘advanced telecommunications serv- ‘‘(2) BROADBAND INTERNET ACCESS SERV- 8 ICE.—The 9 has the meaning given such term in section 8.1(b) 10 of title 47, Code of Federal Regulations (or any suc- 11 cessor regulation). 12 term ‘broadband internet access service’ ‘‘(3) INDIVIDUAL CUSTOMER.—The term ‘indi- 13 vidual customer’ means an individual who contracts 14 with a mass-market retail provider of advanced tele- 15 communications service or voice service to provide 16 service to such individual. 17 ‘‘(4) REASONABLE 18 NETWORK MANAGEMENT.— The term ‘reasonable network management’— 19 ‘‘(A) means the use of a practice that— 20 ‘‘(i) has a primarily technical network 21 management justification; and 22 ‘‘(ii) is primarily used for and tailored 23 to achieving a legitimate network manage- 24 ment purpose, taking into account the par- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00994 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 995 1 ticular network architecture and tech- 2 nology of the service; and 3 ‘‘(B) does not include other business prac- 4 tices. 5 ‘‘(5) SMALL BUSINESS.—The term ‘small busi- 6 ness’ has the meaning given such term under section 7 601(3) of title 5, United States Code. 8 ‘‘(6) VOICE SERVICE.—The term ‘voice service’ 9 has the meaning given such term under section 10 227(e)(8) of the Communications Act of 1934 (47 11 U.S.C. 227(e)(8)). 12 ‘‘(7) WI-FI.—The term ‘Wi-Fi’ means a wire- 13 less networking protocol based on Institute of Elec- 14 trical and Electronics Engineers standard 802.11 15 (or any successor standard). 16 ‘‘(8) 17 WI-FI HOTSPOT.—The term ‘Wi-Fi hotspot’ means a device that is capable of— 18 ‘‘(A) receiving mobile broadband internet 19 access service; and 20 ‘‘(B) sharing such service with another de- 21 vice through the use of Wi-Fi.’’. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00995 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 996 2 TITLE V—DON’T BREAK UP THE T–BAND 3 SEC. 501. REPEAL OF REQUIREMENT TO REALLOCATE AND 1 4 AUCTION T–BAND SPECTRUM. 5 (a) REPEAL.—Section 6103 of the Middle Class Tax 6 Relief and Job Creation Act of 2012 (47 U.S.C. 1413) 7 is repealed. 8 (b) CLERICAL AMENDMENT.—The table of contents 9 in section 1(b) of such Act is amended by striking the 10 item relating to section 6103. 11 SEC. 502. CLARIFYING ACCEPTABLE 9–1–1 OBLIGATIONS OR 12 EXPENDITURES. 13 Section 6 of the Wireless Communications and Public 14 Safety Act of 1999 (47 U.S.C. 615a–1) is amended— 15 (1) in subsection (f)— 16 (A) in paragraph (1), by striking ‘‘as spec- 17 ified in the provision of State or local law 18 adopting the fee or charge’’ and inserting ‘‘con- 19 sistent with the purposes and functions des- 20 ignated in the final rules issued under para- 21 graph (3) as purposes and functions for which 22 the obligation or expenditure of such a fee or 23 charge is acceptable’’; 24 (B) in paragraph (2), by striking ‘‘any 25 purpose other than the purpose for which any L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00996 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 997 1 such fees or charges are specified’’ and insert- 2 ing ‘‘any purpose or function other than the 3 purposes and functions designated in the final 4 rules issued under paragraph (3) as purposes 5 and functions for which the obligation or ex- 6 penditure of any such fees or charges is accept- 7 able’’; and 8 (C) by adding at the end the following: 9 ‘‘(3) ACCEPTABLE 10 OBLIGATIONS OR EXPENDI- TURES.— 11 ‘‘(A) RULES REQUIRED.—In order to pre- 12 vent diversion of 9–1–1 fees or charges, the 13 Commission shall, not later than 180 days after 14 the date of the enactment of this paragraph, 15 issue final rules designating purposes and func- 16 tions for which the obligation or expenditure of 17 9–1–1 fees or charges, by any State or taxing 18 jurisdiction authorized to impose such a fee or 19 charge, is acceptable. 20 ‘‘(B) PURPOSES AND FUNCTIONS.—The 21 purposes and functions designated under sub- 22 paragraph (A) shall be limited to the support 23 and implementation of 9–1–1 services provided 24 by or in the State or taxing jurisdiction impos- 25 ing the fee or charge and operational expenses L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00997 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 998 1 of public safety answering points within such 2 State or taxing jurisdiction. In designating such 3 purposes and functions, the Commission shall 4 consider the purposes and functions that States 5 and taxing jurisdictions specify as the intended 6 purposes and functions for the 9–1–1 fees or 7 charges of such States and taxing jurisdictions, 8 and determine whether such purposes and func- 9 tions directly support providing 9–1–1 services. 10 ‘‘(C) CONSULTATION REQUIRED.—The 11 Commission shall consult with public safety or- 12 ganizations and States and taxing jurisdictions 13 as part of any proceeding under this paragraph. 14 ‘‘(D) DEFINITIONS.—In this paragraph: 15 ‘‘(i) 9–1–1 FEE OR CHARGE.—The 16 term ‘9–1–1 fee or charge’ means a fee or 17 charge applicable to commercial mobile 18 services or IP-enabled voice services spe- 19 cifically designated by a State or taxing ju- 20 risdiction for the support or implementa- 21 tion of 9–1–1 services. 22 ‘‘(ii) 9–1–1 SERVICES.—The term ‘9– 23 1–1 services’ has the meaning given such 24 term in section 158(e) of the National 25 Telecommunications and Information Ad- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00998 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 999 1 ministration Organization Act (47 U.S.C. 2 942(e)). 3 ‘‘(iii) STATE OR TAXING JURISDIC- 4 TION.—The 5 tion’ means a State, political subdivision 6 thereof, Indian Tribe, or village or regional 7 corporation serving a region established 8 pursuant to the Alaska Native Claims Set- 9 tlement Act (43 U.S.C. 1601 et seq.). 10 ‘‘(4) PARTICIPATION.—If a State or taxing ju- 11 risdiction (as defined in paragraph (3)(D)) receives 12 a grant under section 158 of the National Tele- 13 communications and Information Administration Or- 14 ganization Act (47 U.S.C. 942) after the date of the 15 enactment of this paragraph, such State or taxing 16 jurisdiction shall, as a condition of receiving such 17 grant, provide the information requested by the 18 Commission to prepare the report required by para- 19 graph (2). 20 ‘‘(5) PETITION term ‘State or taxing jurisdic- REGARDING ADDITIONAL PUR- 21 POSES AND FUNCTIONS.— 22 ‘‘(A) IN GENERAL.—A State or taxing ju- 23 risdiction (as defined in paragraph (3)(D)) may 24 submit to the Commission a petition for a de- 25 termination that an obligation or expenditure of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 00999 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1000 1 a 9–1–1 fee or charge (as defined in such para- 2 graph) by such State or taxing jurisdiction for 3 a purpose or function other than a purpose or 4 function designated under paragraph (3)(A) 5 should be treated as such a purpose or function. 6 If the Commission finds that the State or tax- 7 ing jurisdiction has provided sufficient docu- 8 mentation to make the demonstration described 9 in subparagraph (B), the Commission shall 10 grant such petition. 11 ‘‘(B) DEMONSTRATION DESCRIBED.—The 12 demonstration described in this subparagraph is 13 a demonstration that the purpose or function— 14 ‘‘(i) supports public safety answering 15 point functions or operations; or 16 ‘‘(ii) has a direct impact on the ability 17 of a public safety answering point to— 18 ‘‘(I) receive or respond to 9–1–1 19 calls; or 20 ‘‘(II) 21 sponders.’’; and 22 dispatch emergency re- (2) by adding at the end the following: 23 ‘‘(j) SEVERABILITY CLAUSE.—If any provision of this 24 section or the application thereof to any person or cir25 cumstance is held invalid, the remainder of this section L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01000 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1001 1 and the application of such provision to other persons or 2 circumstances shall not be affected thereby.’’. 3 SEC. 503. PROHIBITION ON 9–1–1 FEE OR CHARGE DIVER- 4 SION. 5 (a) IN GENERAL.—If the Commission obtains evi- 6 dence that suggests the diversion by a State or taxing ju7 risdiction of 9–1–1 fees or charges, the Commission shall 8 submit such information, including any information re9 garding the impact of any underfunding of 9–1–1 services 10 in the State or taxing jurisdiction, to the interagency 11 strike force established under subsection (c). 12 (b) REPORT TO CONGRESS.—Beginning with the first 13 report under section 6(f)(2) of the Wireless Communica14 tions and Public Safety Act of 1999 (47 U.S.C. 615a– 15 1(f)(2)) that is required to be submitted after the date 16 that is 1 year after the date of the enactment of this Act, 17 the Commission shall include in each report required 18 under such section all evidence that suggests the diversion 19 by a State or taxing jurisdiction of 9–1–1 fees or charges, 20 including any information regarding the impact of any 21 underfunding of 9–1–1 services in the State or taxing ju22 risdiction. 23 (c) INTERAGENCY STRIKE FORCE TO END 9–1–1 24 FEE OR CHARGE DIVERSION.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01001 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1002 1 (1) ESTABLISHMENT.—Not later than 180 days 2 after the date of the enactment of this Act, the 3 Commission shall establish an interagency strike 4 force to study how the Federal Government can 5 most expeditiously end diversion by a State or taxing 6 jurisdiction of 9–1–1 fees or charges. Such inter- 7 agency strike force shall be known as the ‘‘Ending 8 9–1–1 Fee Diversion Now Strike Force’’ (in this 9 section referred to as the ‘‘Strike Force’’). 10 (2) DUTIES.—In carrying out the study under 11 paragraph (1), the Strike Force shall— 12 (A) determine the effectiveness of any Fed- 13 eral laws, including regulations, policies, and 14 practices, or budgetary or jurisdictional con- 15 straints regarding how the Federal Government 16 can most expeditiously end diversion by a State 17 or taxing jurisdiction of 9–1–1 fees or charges; 18 (B) consider whether criminal penalties 19 would further prevent diversion by a State or 20 taxing jurisdiction of 9–1–1 fees or charges; 21 and 22 (C) determine the impacts of diversion by 23 a State or taxing jurisdiction of 9–1–1 fees or 24 charges. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01002 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1003 1 (3) MEMBERS.—The Strike Force shall be com- 2 posed of such representatives of Federal depart- 3 ments and agencies as the Commission considers ap- 4 propriate, in addition to— 5 (A) State attorneys general; 6 (B) States or taxing jurisdictions found 7 not to be engaging in diversion of 9–1–1 fees 8 or charges; 9 (C) States or taxing jurisdictions trying to 10 stop the diversion of 9–1–1 fees or charges; 11 (D) State 9–1–1 administrators; 12 (E) public safety organizations; 13 (F) groups representing the public and 14 consumers; and 15 (G) groups representing public safety an- 16 swering point professionals. 17 (4) REPORT TO CONGRESS.—Not later than 18 270 days after the date of the enactment of this Act, 19 the Strike Force shall publish on the website of the 20 Commission and submit to the Committee on En- 21 ergy and Commerce of the House of Representatives 22 and the Committee on Commerce, Science, and 23 Transportation of the Senate a report on the find- 24 ings of the study under this subsection, including— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01003 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1004 1 (A) any recommendations regarding how to 2 most expeditiously end the diversion by a State 3 or taxing jurisdiction of 9–1–1 fees or charges, 4 including actions that can be taken by Federal 5 departments and agencies and appropriate 6 changes to law or regulations; and 7 (B) a description of what progress, if any, 8 relevant Federal departments and agencies have 9 made in implementing the recommendations 10 under subparagraph (A). 11 (d) FAILURE TO COMPLY.—Notwithstanding any 12 other provision of law, any State or taxing jurisdiction 13 identified by the Commission in the report required under 14 section 6(f)(2) of the Wireless Communications and Public 15 Safety Act of 1999 (47 U.S.C. 615a–1(f)(2)) as engaging 16 in diversion of 9–1–1 fees or charges shall be ineligible 17 to participate or send a representative to serve on any 18 committee, panel, or council established under section 19 6205(a) of the Middle Class Tax Relief and Job Creation 20 Act of 2012 (47 U.S.C. 1425(a)) or any advisory com21 mittee established by the Commission. 22 SEC. 504. RULE OF CONSTRUCTION. 23 Nothing in this title, the Wireless Communications 24 and Public Safety Act of 1999 (Public Law 106–81), or 25 the Communications Act of 1934 (47 U.S.C. 151 et seq.) L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01004 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1005 1 shall be construed to prevent a State or taxing jurisdiction 2 from requiring an annual audit of the books and records 3 of a provider of 9–1–1 services concerning the collection 4 and remittance of a 9–1–1 fee or charge. 5 SEC. 505. DEFINITIONS. 6 In this title: 7 (1) 9–1–1 FEE OR CHARGE.—The term ‘‘9–1– 8 1 fee or charge’’ has the meaning given such term 9 in subparagraph (D) of paragraph (3) of section 6(f) 10 of the Wireless Communications and Public Safety 11 Act of 1999, as added by this title. 12 (2) 9–1–1 SERVICES.—The term ‘‘9–1–1 serv- 13 ices’’ has the meaning given such term in section 14 158(e) of the National Telecommunications and In- 15 formation Administration Organization Act (47 16 U.S.C. 942(e)). 17 (3) COMMISSION.—The term ‘‘Commission’’ 18 means the Federal Communications Commission. 19 (4) DIVERSION.—The term ‘‘diversion’’ means, 20 with respect to a 9–1–1 fee or charge, the obligation 21 or expenditure of such fee or charge for a purpose 22 or function other than the purposes and functions 23 designated in the final rules issued under paragraph 24 (3) of section 6(f) of the Wireless Communications 25 and Public Safety Act of 1999, as added by this L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01005 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1006 1 title, as purposes and functions for which the obliga- 2 tion or expenditure of such a fee or charge is accept- 3 able. 4 (5) STATE OR TAXING JURISDICTION.—The 5 term ‘‘State or taxing jurisdiction’’ has the meaning 6 given such term in subparagraph (D) of paragraph 7 (3) of section 6(f) of the Wireless Communications 8 and Public Safety Act of 1999, as added by this 9 title. DIVISION V—GROW ACT 10 11 SEC. 101. SHORT TITLE. 12 This division may be cited as the ‘‘Giving Retirement 13 Options to Workers Act of 2020’’ or the ‘‘GROW Act’’. 14 SEC. 102. COMPOSITE PLANS. 15 (a) AMENDMENT TO THE EMPLOYEE RETIREMENT 16 INCOME SECURITY ACT OF 1974.— 17 (1) IN GENERAL.—Title I of the Employee Re- 18 tirement Income Security Act of 1974 (29 U.S.C. 19 1001 et seq.) is amended by adding at the end the 20 following: 21 ‘‘PART 8—COMPOSITE PLANS AND LEGACY 22 PLANS 23 ‘‘SEC. 801. COMPOSITE PLAN DEFINED. 24 ‘‘(a) IN GENERAL.—For purposes of this Act, the 25 term ‘composite plan’ means a pension plan— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01006 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1007 1 ‘‘(1) which is a multiemployer plan that is nei- 2 ther a defined benefit plan nor a defined contribu- 3 tion plan; 4 ‘‘(2) the terms of which provide that the plan 5 is a composite plan for purposes of this title with re- 6 spect to which not more than one multiemployer de- 7 fined benefit plan is treated as a legacy plan within 8 the meaning of section 805, unless there is more 9 than one legacy plan following a merger of composite 10 plans under section 806; 11 ‘‘(3) which provides systematically for the pay- 12 ment of benefits— 13 ‘‘(A) objectively calculated pursuant to a 14 formula enumerated in the plan document with 15 respect to plan participants after retirement, 16 for life; and 17 ‘‘(B) in the form of life annuities, except 18 for benefits which under section 203(e) may be 19 immediately distributed without the consent of 20 the participant; 21 ‘‘(4) for which the plan contributions for the 22 first plan year are at least 120 percent of the nor- 23 mal cost for the plan year; 24 ‘‘(5) which requires— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01007 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1008 1 ‘‘(A) an annual valuation of the liability of 2 the plan as of a date within the plan year to 3 which the valuation refers or within one month 4 prior to the beginning of such year; 5 ‘‘(B) an annual actuarial determination of 6 the plan’s current funded ratio and projected 7 funded ratio under section 802(a); 8 ‘‘(C) corrective action through a realign- 9 ment program pursuant to section 803 when- 10 ever the plan’s projected funded ratio is below 11 120 percent for the plan year; and 12 ‘‘(D) an annual notification to each partici- 13 pant describing the participant’s benefits under 14 the plan and explaining that such benefits may 15 be subject to reduction under a realignment 16 program pursuant to section 803 based on the 17 plan’s funded status in future plan years; and 18 ‘‘(6) the board of trustees of which includes at 19 least one retiree or beneficiary in pay status during 20 each plan year following the first plan year in which 21 at least 5 percent of the participants in the plan are 22 retirees or beneficiaries in pay status. 23 ‘‘(b) TRANSITION FROM 24 FINED A MULTIEMPLOYER DE- BENEFIT PLAN.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01008 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1009 1 ‘‘(1) IN GENERAL.—The plan sponsor of a de- 2 fined benefit plan that is a multiemployer plan may, 3 subject to paragraph (2), amend the plan to incor- 4 porate the features of a composite plan as a compo- 5 nent of the multiemployer plan separate from the 6 defined benefit plan component, except in the case of 7 a defined benefit plan for which the plan actuary has 8 certified under section 305(b)(3) that the plan is or 9 will be in critical status for the plan year in which 10 such amendment would become effective or for any 11 of the succeeding 5 plan years. 12 ‘‘(2) REQUIREMENTS.—Any amendment pursu- 13 ant to paragraph (1) to incorporate the features of 14 a composite plan as a component of a multiemployer 15 plan shall— 16 ‘‘(A) apply with respect to all collective 17 bargaining agreements providing for contribu- 18 tions to the multiemployer plan on or after the 19 effective date of the amendment; 20 ‘‘(B) apply with respect to all participants 21 in the multiemployer plan for whom contribu- 22 tions are made to the multiemployer plan on or 23 after the effective date of the amendment; 24 ‘‘(C) specify that the effective date of the 25 amendment is— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01009 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1010 1 ‘‘(i) the first day of a specified plan 2 year following the date of the adoption of 3 the amendment, except that the plan spon- 4 sor may alternatively provide for a sepa- 5 rate effective date with respect to each col- 6 lective bargaining agreement under which 7 contributions to the multiemployer plan 8 are required, which shall occur on the first 9 day of the first plan year beginning after 10 the termination, or if earlier, the re-open- 11 ing, of each such agreement, or such ear- 12 lier date as the parties to the agreement 13 and the plan sponsor of the multiemployer 14 plan shall agree to; and 15 ‘‘(ii) not later than the first day of the 16 fifth plan year beginning on or after the 17 date of the adoption of the amendment; 18 ‘‘(D) specify that, as of the amendment’s 19 effective date, no further benefits shall accrue 20 under the defined benefit component of the 21 multiemployer plan; and 22 ‘‘(E) specify that, as of the amendment’s 23 effective date, the plan sponsor of the multiem- 24 ployer plan shall be the plan sponsor of both L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01010 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1011 1 the composite plan component and the defined 2 benefit plan component of the plan. 3 ‘‘(3) SPECIAL 4 RULES.—If a multiemployer plan is amended pursuant to paragraph (1)— 5 ‘‘(A) the requirements of this title and title 6 IV shall be applied to the composite plan com- 7 ponent and the defined benefit plan component 8 of the multiemployer plan as if each such com- 9 ponent were maintained as a separate plan; and 10 ‘‘(B) the assets of the composite plan com- 11 ponent and the defined benefit plan component 12 of the plan shall be held in a single trust form- 13 ing part of the plan under which the trust in- 14 strument expressly provides— 15 ‘‘(i) for separate accounts (and appro- 16 priate records) to be maintained to reflect 17 the interest which each of the plan compo- 18 nents has in the trust, including separate 19 accounting for additions to the trust for 20 the benefit of each plan component, dis- 21 bursements made from each plan compo- 22 nent’s account in the trust, investment ex- 23 perience of the trust allocable to that ac- 24 count, and administrative expenses (wheth- 25 er direct expenses or shared expenses allo- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01011 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1012 1 cated proportionally), and permits, but 2 does not require, the pooling of some or all 3 of the assets of the two plan components 4 for investment purposes; and 5 ‘‘(ii) that the assets of each of the two 6 plan components shall be held, invested, 7 reinvested, managed, administered and dis- 8 tributed for the exclusive benefit of the 9 participants and beneficiaries of each such 10 plan component, and in no event shall the 11 assets of one of the plan components be 12 available to pay benefits due under the 13 other plan component. 14 ‘‘(4) NOT A TERMINATION EVENT.—Notwith- 15 standing section 4041A, an amendment pursuant to 16 paragraph (1) to incorporate the features of a com- 17 posite plan as a component of a multiemployer plan 18 does not constitute termination of the multiemployer 19 plan. 20 ‘‘(5) NOTICE TO THE SECRETARY.— 21 ‘‘(A) NOTICE.—The plan sponsor of a 22 composite plan shall provide notice to the Sec- 23 retary of the intent to establish the composite 24 plan (or, in the case of a composite plan incor- 25 porated as a component of a multiemployer L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01012 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1013 1 plan as described in paragraph (1), the intent 2 to amend the multiemployer plan to incorporate 3 such composite plan) at least 30 days prior to 4 the effective date of such establishment or 5 amendment. 6 ‘‘(B) CERTIFICATION.—In the case of a 7 composite plan incorporated as a component of 8 a multiemployer plan as described in paragraph 9 (1), such notice shall include a certification by 10 the plan actuary under section 305(b)(3) that 11 the effective date of the amendment occurs in 12 a plan year for which the multiemployer plan is 13 not in critical status for that plan year and any 14 of the succeeding 5 plan years. 15 ‘‘(6) REFERENCES TO COMPOSITE PLAN COM- 16 PONENT.—As 17 plan’ includes a composite plan component added to 18 a defined benefit plan pursuant to paragraph (1). 19 used in this part, the term ‘composite ‘‘(7) RULE OF CONSTRUCTION.—Paragraph 20 (2)(A) shall not be construed as preventing the plan 21 sponsor of a multiemployer plan from adopting an 22 amendment pursuant to paragraph (1) because some 23 collective bargaining agreements are amended to 24 cease any covered employer’s obligation to contribute 25 to the multiemployer plan before or after the plan L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01013 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1014 1 amendment is effective. Paragraph (2)(B) shall not 2 be construed as preventing the plan sponsor of a 3 multiemployer plan from adopting an amendment 4 pursuant to paragraph (1) because some partici- 5 pants cease to have contributions made to the multi- 6 employer plan on their behalf before or after the 7 plan amendment is effective. 8 ‘‘(c) COORDINATION WITH FUNDING RULES.—Ex- 9 cept as otherwise provided in this title, sections 302, 304, 10 and 305 shall not apply to a composite plan. 11 ‘‘(d) TREATMENT OF A COMPOSITE PLAN.—For pur- 12 poses of this Act (other than sections 302 and 4245), a 13 composite plan shall be treated as if it were a defined ben14 efit plan unless a different treatment is provided for under 15 applicable law. 16 ‘‘SEC. 802. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS. 17 ‘‘(a) CERTIFICATION OF FUNDED RATIOS.— 18 ‘‘(1) IN GENERAL.—Not later than the one- 19 hundred twentieth day of each plan year of a com- 20 posite plan, the plan actuary of the composite plan 21 shall certify to the Secretary, the Secretary of the 22 Treasury, and the plan sponsor the plan’s current 23 funded ratio and projected funded ratio for the plan 24 year. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01014 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1015 1 ‘‘(2) DETERMINATION OF CURRENT FUNDED 2 RATIO AND PROJECTED FUNDED RATIO.—For 3 poses of this section: 4 ‘‘(A) CURRENT FUNDED RATIO.—The pur- cur- 5 rent funded ratio is the ratio (expressed as a 6 percentage) of— 7 ‘‘(i) the value of the plan’s assets as 8 of the first day of the plan year; to 9 ‘‘(ii) the plan actuary’s best estimate 10 of the present value of the plan liabilities 11 as of the first day of the plan year. 12 ‘‘(B) PROJECTED FUNDED RATIO.—The 13 projected funded ratio is the current funded 14 ratio projected to the first day of the fifteenth 15 plan year following the plan year for which the 16 determination is being made. 17 ‘‘(3) CONSIDERATION OF CONTRIBUTION RATE 18 INCREASES.—For 19 subsection, the plan sponsor may anticipate con- 20 tribution rate increases beyond the term of the cur- 21 rent collective bargaining agreement and any agreed- 22 to supplements, up to a maximum of 2.5 percent per 23 year, compounded annually, unless it would be un- 24 reasonable under the circumstances to assume that 25 contributions would increase by that amount. purposes of projections under this L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01015 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1016 1 ‘‘(b) ACTUARIAL ASSUMPTIONS AND METHODS.— 2 For purposes of this part: 3 ‘‘(1) IN GENERAL.—All costs, liabilities, rates 4 of interest and other factors under the plan shall be 5 determined for a plan year on the basis of actuarial 6 assumptions and methods— 7 ‘‘(A) each of which is reasonable (taking 8 into account the experience of the plan and rea- 9 sonable expectations); 10 ‘‘(B) which, in combination, offer the actu- 11 ary’s best estimate of anticipated experience 12 under the plan; and 13 ‘‘(C) with respect to which any change 14 from the actuarial assumptions and methods 15 used in the previous plan year shall be certified 16 by the plan actuary and the actuarial rationale 17 for such change provided in the annual report 18 required by section 103. 19 ‘‘(2) FAIR MARKET VALUE OF ASSETS.—The 20 value of the plan’s assets shall be taken into account 21 on the basis of their fair market value. 22 ‘‘(3) DETERMINATION OF NORMAL COST AND 23 PLAN LIABILITIES.—A 24 ities shall be based on the most recent actuarial plan’s normal cost and liabil- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01016 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1017 1 valuation required under section 801(a)(5)(A) and 2 the unit credit funding method. 3 ‘‘(4) TIME 4 DEEMED MADE.—Any 5 made by an employer after the last day of such plan 6 year, but not later than two and one-half months 7 after such day, shall be deemed to have been made 8 on such last day. For purposes of this paragraph, 9 such two and one-half month period may be ex- 10 tended for not more than six months under regula- 11 tions prescribed by the Secretary of the Treasury. 12 WHEN CERTAIN CONTRIBUTIONS contributions for a plan year ‘‘(5) ADDITIONAL ACTUARIAL ASSUMPTIONS.— 13 Except where otherwise provided in this part, the 14 provisions of section 305(b)(3)(B) shall apply to any 15 determination or projection under this part. 16 ‘‘SEC. 803. REALIGNMENT PROGRAM. 17 ‘‘(a) REALIGNMENT PROGRAM.— 18 ‘‘(1) ADOPTION.—In any case in which the plan 19 actuary certifies under section 802(a) that the plan’s 20 projected funded ratio is below 120 percent for the 21 plan year, the plan sponsor shall adopt a realign- 22 ment program under paragraph (2) not later than 23 210 days after the due date of the certification re- 24 quired under such section 802(a). The plan sponsor 25 shall adopt an updated realignment program for L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01017 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1018 1 each succeeding plan year for which a certification 2 described in the preceding sentence is made. 3 ‘‘(2) CONTENT 4 ‘‘(A) IN OF REALIGNMENT PROGRAM.— GENERAL.—A realignment pro- 5 gram adopted under this paragraph is a written 6 program which consists of all reasonable meas- 7 ures, including options or a range of options to 8 be undertaken by the plan sponsor or proposed 9 to the bargaining parties, formulated, based on 10 reasonably anticipated experience and reason- 11 able actuarial assumptions, to enable the plan 12 to achieve a projected funded ratio of at least 13 120 percent for the following plan year. 14 ‘‘(B) INITIAL PROGRAM ELEMENTS.—Rea- 15 sonable measures under a realignment program 16 described in subparagraph (A) may include any 17 of the following: 18 ‘‘(i) Proposed contribution increases. 19 ‘‘(ii) A reduction in the rate of future 20 benefit accruals, so long as the resulting 21 rate is not less than 1 percent of the con- 22 tributions on which benefits are based as 23 of the start of the plan year (or the equiva- 24 lent standard accrual rate as described in 25 section 305(e)(6)). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01018 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1019 1 ‘‘(iii) A modification or elimination of 2 adjustable benefits of participants that are 3 not in pay status before the date of the no- 4 tice required under subsection (b)(1). 5 ‘‘(iv) Any other lawfully available 6 measures not specifically described in this 7 subparagraph or subparagraph (C) or (D) 8 that the plan sponsor determines are rea- 9 sonable. 10 ‘‘(C) ADDITIONAL PROGRAM ELEMENTS.— 11 If the plan sponsor has determined that all rea- 12 sonable measures available under subparagraph 13 (B) will not enable the plan to achieve a pro- 14 jected funded ratio of at least 120 percent for 15 the following plan year, such reasonable meas- 16 ures may also include— 17 ‘‘(i) a reduction of accrued benefits 18 that are not in pay status by the date of 19 the 20 (b)(1); or notice required under subsection 21 ‘‘(ii) a reduction of any benefits of 22 participants that are in pay status before 23 the date of the notice required under sub- 24 section (b)(1) other than core benefits as 25 defined in paragraph (4). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01019 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1020 1 ‘‘(D) ADDITIONAL REDUCTIONS.—In the 2 case of a composite plan for which the plan 3 sponsor has determined that all reasonable 4 measures available under subparagraphs (B) 5 and (C) will not enable the plan to achieve a 6 projected funded ratio of at least 120 percent 7 for the following plan year, such reasonable 8 measures may also include— 9 ‘‘(i) a further reduction in the rate of 10 future benefit accruals without regard to 11 the limitation applicable under subpara- 12 graph (B)(ii); or 13 ‘‘(ii) a reduction of core benefits; 14 provided that such reductions shall be equitably 15 distributed across the participant and bene- 16 ficiary population, taking into account factors, 17 with respect to participants and beneficiaries 18 and their benefits, that may include one or 19 more of the factors listed in subclauses (I) 20 through (X) of section 305(e)(9)(D)(vi), to the 21 extent necessary to enable the plan to achieve 22 a projected funded ratio of at least 120 percent 23 for the following plan year, or at the election of 24 the plan sponsor, a projected funded ratio of at 25 least 100 percent for the following plan year L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01020 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1021 1 and a current funded ratio of at least 90 per- 2 cent. 3 ‘‘(3) ADJUSTABLE BENEFIT DEFINED.—For 4 purposes of this part, the term ‘adjustable benefit’ 5 means— 6 ‘‘(A) benefits, rights, and features under 7 the plan, including post-retirement death bene- 8 fits, 60-month guarantees, disability benefits 9 not yet in pay status, and similar benefits; 10 ‘‘(B) any early retirement benefit or retire- 11 ment-type subsidy (within the meaning of sec- 12 tion 204(g)(2)(A)) and any benefit payment op- 13 tion (other than the qualified joint and survivor 14 annuity); and 15 ‘‘(C) benefit increases that were adopted 16 (or, if later, took effect) less than 60 months 17 before the first day such realignment program 18 took effect. 19 ‘‘(4) CORE BENEFIT DEFINED.—For purposes 20 of this part, the term ‘core benefit’ means a partici- 21 pant’s accrued benefit payable in the normal form of 22 an annuity commencing at normal retirement age, 23 determined without regard to— 24 ‘‘(A) any early retirement benefits, retire- 25 ment-type subsidies, or other benefits, rights, or L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01021 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1022 1 features that may be associated with that ben- 2 efit; and 3 ‘‘(B) any cost-of-living adjustments or ben- 4 efit increases effective after the date of retire- 5 ment. 6 ‘‘(5) COORDINATION 7 WITH CONTRIBUTION IN- CREASES.— 8 ‘‘(A) IN GENERAL.—A realignment pro- 9 gram may provide that some or all of the ben- 10 efit modifications described in the program will 11 only take effect if the bargaining parties fail to 12 agree to specified levels of increases in contribu- 13 tions to the plan, effective as of specified dates. 14 ‘‘(B) INDEPENDENT BENEFIT MODIFICA- 15 TIONS.—If 16 changes to the benefit formula that are inde- 17 pendent of potential contribution increases, 18 such changes shall take effect not later than 19 180 days after the first day of the first plan 20 year that begins following the adoption of the 21 realignment program. 22 a realignment program adopts any ‘‘(C) CONDITIONAL BENEFIT MODIFICA- 23 TIONS.—If 24 changes to the benefit formula that take effect 25 only if the bargaining parties fail to agree to a realignment program adopts any L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01022 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1023 1 contribution increases, such changes shall take 2 effect not later than the first day of the first 3 plan year beginning after the third anniversary 4 of the date of adoption of the realignment pro- 5 gram. 6 ‘‘(D) REVOCATION OF CERTAIN BENEFIT 7 MODIFICATIONS.—Benefit 8 scribed in subparagraph (C) may be revoked, in 9 whole or in part, and retroactively or prospec- 10 tively, when contributions to the plan are in- 11 creased, as specified in the realignment pro- 12 gram, including any amendments thereto. The 13 preceding sentence shall not apply unless the 14 contribution increases are to be effective not 15 later than the fifth anniversary of the first day 16 of the first plan year that begins after the 17 adoption of the realignment program. 18 modifications de- ‘‘(b) NOTICE.— 19 ‘‘(1) IN GENERAL.—In any case in which it is 20 certified under section 802(a) that the projected 21 funded ratio is less than 120 percent, the plan spon- 22 sor shall, not later than 30 days after the date of 23 the certification, provide notification of the current 24 and projected funded ratios to the participants and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01023 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1024 1 beneficiaries, the bargaining parties, and the Sec- 2 retary. Such notice shall include— 3 ‘‘(A) an explanation that contribution rate 4 increases or benefit reductions may be nec- 5 essary; 6 ‘‘(B) a description of the types of benefits 7 that might be reduced; and 8 ‘‘(C) an estimate of the contribution in- 9 creases and benefit reductions that may be nec- 10 essary to achieve a projected funded ratio of 11 120 percent. 12 ‘‘(2) NOTICE 13 ‘‘(A) IN OF BENEFIT MODIFICATIONS.— GENERAL.—No modifications may 14 be made that reduce the rate of future benefit 15 accrual or that reduce core benefits or adjust- 16 able benefits unless notice of such reduction has 17 been given at least 180 days before the general 18 effective date of such reduction for all partici- 19 pants and beneficiaries to— 20 ‘‘(i) 21 ficiaries; plan participants and bene- 22 ‘‘(ii) each employer who has an obliga- 23 tion to contribute to the composite plan; 24 and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01024 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1025 1 ‘‘(iii) each employee organization 2 which, for purposes of collective bar- 3 gaining, represents plan participants em- 4 ployed by such employers. 5 ‘‘(B) CONTENT 6 OF NOTICE.—The notice under subparagraph (A) shall contain— 7 ‘‘(i) sufficient information to enable 8 participants and beneficiaries to under- 9 stand the effect of any reduction on their 10 benefits, including an illustration of any 11 affected benefit or subsidy, on an annual 12 or monthly basis that a participant or ben- 13 eficiary would otherwise have been eligible 14 for as of the general effective date de- 15 scribed in subparagraph (A); and 16 ‘‘(ii) information as to the rights and 17 remedies of plan participants and bene- 18 ficiaries as well as how to contact the De- 19 partment of Labor for further information 20 and assistance, where appropriate. 21 ‘‘(C) FORM 22 MANNER.—Any AND notice under subparagraph (A)— 23 ‘‘(i) shall be provided in a form and 24 manner prescribed in regulations of the 25 Secretary of Labor; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01025 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1026 1 ‘‘(ii) shall be written in a manner so 2 as to be understood by the average plan 3 participant. 4 ‘‘(3) MODEL NOTICES.—The Secretary shall— 5 ‘‘(A) prescribe model notices that the plan 6 sponsor of a composite plan may use to satisfy 7 the notice requirements under this subsection; 8 and 9 ‘‘(B) by regulation enumerate any details 10 related to the elements listed in paragraph (1) 11 that any notice under this subsection must in- 12 clude. 13 ‘‘(4) DELIVERY METHOD.—Any notice under 14 this part shall be provided in writing and may also 15 be provided in electronic form to the extent that the 16 form is reasonably accessible to persons to whom the 17 notice is provided. 18 ‘‘SEC. 804. LIMITATION ON INCREASING BENEFITS. 19 ‘‘(a) LEVEL OF CURRENT FUNDED RATIOS.—Except 20 as provided in subsections (c), (d), and (e), no plan 21 amendment increasing benefits or establishing new bene22 fits under a composite plan may be adopted for a plan 23 year unless— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01026 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1027 1 ‘‘(1) the plan’s current funded ratio is at least 2 110 percent (without regard to the benefit increase 3 or new benefits); 4 ‘‘(2) taking the benefit increase or new benefits 5 into account, the current funded ratio is at least 100 6 percent and the projected funded ratio for the cur- 7 rent plan year is at least 120 percent; 8 ‘‘(3) in any case in which, after taking the ben- 9 efit increase or new benefits into account, the cur- 10 rent funded ratio is less than 140 percent and the 11 projected funded ratio is less than 140 percent, the 12 benefit increase or new benefits are projected by the 13 plan actuary to increase the present value of the 14 plan’s liabilities for the plan year by not more than 15 3 percent; and 16 ‘‘(4) expected contributions for the current plan 17 year are at least 120 percent of normal cost for the 18 plan year, determined using the unit credit funding 19 method and treating the benefit increase or new ben- 20 efits as in effect for the entire plan year. 21 ‘‘(b) ADDITIONAL REQUIREMENTS WHERE CORE 22 BENEFITS REDUCED.—If a plan has been amended to re23 duce core benefits pursuant to a realignment program 24 under section 803(a)(2)(D), such plan may not be subse- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01027 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1028 1 quently amended to increase core benefits unless the 2 amendment— 3 ‘‘(1) increases the level of future benefit pay- 4 ments only; and 5 ‘‘(2) provides for an equitable distribution of 6 benefit increases across the participant and bene- 7 ficiary population, taking into account the extent to 8 which the benefits of participants were previously re- 9 duced pursuant to such realignment program. 10 ‘‘(c) EXCEPTION TO COMPLY WITH APPLICABLE 11 LAW.—Subsection (a) shall not apply in connection with 12 a plan amendment if the amendment is required as a con13 dition of qualification under part I of subchapter D of 14 chapter 1 of the Internal Revenue Code of 1986 or to com15 ply with other applicable law. 16 ‘‘(d) EXCEPTION WHERE MAXIMUM DEDUCTIBLE 17 LIMIT APPLIES.—Subsection (a) shall not apply in con18 nection with a plan amendment if and to the extent that 19 contributions to the composite plan would not be deduct20 ible for the plan year under section 404(a)(1)(E) of the 21 Internal Revenue Code of 1986 if the plan amendment is 22 not adopted. 23 24 ‘‘(e) EXCEPTION TIONS.—Subsection FOR CERTAIN BENEFIT MODIFICA- (a) shall not apply in connection with L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01028 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1029 1 a plan amendment under section 803(a)(5)(C), regarding 2 conditional benefit modifications. 3 ‘‘(f) TREATMENT OF PLAN AMENDMENTS.—For pur- 4 poses of this section— 5 ‘‘(1) if two or more plan amendments increas- 6 ing benefits or establishing new benefits are adopted 7 in a plan year, such amendments shall be treated as 8 a single amendment adopted on the last day of the 9 plan year; 10 ‘‘(2) all benefit increases and new benefits 11 adopted in a single amendment are treated as a sin- 12 gle benefit increase, irrespective of whether the in- 13 creases and new benefits take effect in more than 14 one plan year; and 15 ‘‘(3) increases in contributions or decreases in 16 plan liabilities which are scheduled to take effect in 17 future plan years may be taken into account in con- 18 nection with a plan amendment if they have been 19 agreed to in writing or otherwise formalized by the 20 date the plan amendment is adopted. 21 ‘‘SEC. 805. COMPOSITE PLAN RESTRICTIONS TO PRESERVE 22 LEGACY PLAN FUNDING. 23 ‘‘(a) TREATMENT AS A LEGACY PLAN.— 24 ‘‘(1) IN 25 GENERAL.—For purposes of this part and parts 2 and 3, a defined benefit plan shall be L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01029 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1030 1 treated as a legacy plan with respect to the com- 2 posite plan under which the employees who were eli- 3 gible to accrue a benefit under the defined benefit 4 plan become eligible to accrue a benefit under such 5 composite plan. 6 ‘‘(2) COMPONENT PLANS.—In any case in 7 which a defined benefit plan is amended to add a 8 composite plan component pursuant to section 9 801(b), paragraph (1) shall be applied by sub- 10 stituting ‘defined benefit component’ for ‘defined 11 benefit plan’ and ‘composite plan component’ for 12 ‘composite plan’. 13 ‘‘(3) ELIGIBLE TO ACCRUE A BENEFIT.—For 14 purposes of paragraph (1), an employee is consid- 15 ered eligible to accrue a benefit under a composite 16 plan as of the first day in which the employee com- 17 pletes an hour of service under a collective bar- 18 gaining agreement that provides for contributions to 19 and accruals under the composite plan in lieu of ac- 20 cruals under the legacy plan. 21 ‘‘(4) COLLECTIVE BARGAINING AGREEMENT.— 22 As used in this part, the term ‘collective bargaining 23 agreement’ includes any agreement under which an 24 employer has an obligation to contribute to a plan. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01030 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1031 1 ‘‘(5) OTHER TERMS.—Any term used in this 2 part which is not defined in this part and which is 3 also used in section 305 shall have the same mean- 4 ing provided such term in such section. 5 ‘‘(b) RESTRICTIONS ON ACCEPTANCE BY COMPOSITE 6 PLAN OF AGREEMENTS AND CONTRIBUTIONS.— 7 ‘‘(1) IN GENERAL.—The plan sponsor of a com- 8 posite plan shall not accept or recognize a collective 9 bargaining agreement (or any modification to such 10 agreement), and no contributions may be accepted 11 and no benefits may be accrued or otherwise earned 12 under the agreement— 13 ‘‘(A) in any case in which the plan actuary 14 of any defined benefit plan that would be treat- 15 ed as a legacy plan with respect to such com- 16 posite 17 305(b)(3) that such defined benefit plan is or 18 will be in critical status for the plan year in 19 which such agreement would take effect or for 20 any of the succeeding 5 plan years; and plan has certified under section 21 ‘‘(B) unless the agreement requires each 22 employer who is a party to such agreement, in- 23 cluding employers whose employees are not par- 24 ticipants in the legacy plan, to provide contribu- 25 tions to the legacy plan with respect to such L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01031 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1032 1 composite plan in a manner that satisfies the 2 transition contribution requirements of sub- 3 section (d). 4 ‘‘(2) NOTICE.—Not later than 30 days after a 5 determination by a plan sponsor of a composite plan 6 that an agreement fails to satisfy the requirements 7 described in paragraph (1), the plan sponsor shall 8 provide notification of such failure and the reasons 9 for such determination— 10 ‘‘(A) to the parties to the agreement; 11 ‘‘(B) to active participants of the com- 12 posite plan who have ceased to accrue or other- 13 wise earn benefits with respect to service with 14 an employer pursuant to paragraph (1); and 15 ‘‘(C) to the Secretary, the Secretary of the 16 Treasury, and the Pension Benefit Guaranty 17 Corporation. 18 ‘‘(3) LIMITATION ON RETROACTIVE EFFECT.— 19 This subsection shall not apply to benefits accrued 20 before the date on which notice is provided under 21 paragraph (2). 22 ‘‘(c) RESTRICTION ON ACCRUAL OF BENEFITS 23 UNDER A COMPOSITE PLAN.— 24 ‘‘(1) IN 25 GENERAL.—In any case in which an employer, under a collective bargaining agreement L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01032 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1033 1 entered into after the date of enactment of the Giv- 2 ing Retirement Options to Workers Act of 2020, 3 ceases to have an obligation to contribute to a multi- 4 employer defined benefit plan, no employees em- 5 ployed by the employer may accrue or otherwise earn 6 benefits under any composite plan, with respect to 7 service with that employer, for a 60-month period 8 beginning on the date on which the employer entered 9 into such collective bargaining agreement. 10 ‘‘(2) NOTICE OF CESSATION OF OBLIGATION.— 11 Within 30 days of determining that an employer has 12 ceased to have an obligation to contribute to a leg- 13 acy plan with respect to employees employed by an 14 employer that is or will be contributing to a com- 15 posite plan with respect to service of such employees, 16 the plan sponsor of the legacy plan shall notify the 17 plan sponsor of the composite plan of that cessation. 18 ‘‘(3) NOTICE OF CESSATION OF ACCRUALS.— 19 Not later than 30 days after determining that an 20 employer has ceased to have an obligation to con- 21 tribute to a legacy plan, the plan sponsor of the 22 composite plan shall notify the bargaining parties, 23 the active participants affected by the cessation of 24 accruals, the Secretary, the Secretary of the Treas- 25 ury, and the Pension Benefit Guaranty Corporation L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01033 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1034 1 of the cessation of accruals, the period during which 2 such cessation is in effect, and the reasons therefor. 3 ‘‘(4) LIMITATION ON RETROACTIVE EFFECT.— 4 This subsection shall not apply to benefits accrued 5 before the date on which notice is provided under 6 paragraph (3). 7 ‘‘(d) TRANSITION CONTRIBUTION REQUIREMENTS.— 8 ‘‘(1) IN 9 GENERAL.—A collective bargaining agreement satisfies the transition contribution re- 10 quirements of this subsection if the agreement— 11 ‘‘(A) authorizes payment of contributions 12 to a legacy plan at a rate or rates equal to or 13 greater than the transition contribution rate es- 14 tablished by the legacy plan under paragraph 15 (2); and 16 ‘‘(B) does not provide for— 17 ‘‘(i) a suspension of contributions to 18 the legacy plan with respect to any period 19 of service; or 20 ‘‘(ii) any new direct or indirect exclu- 21 sion of younger or newly hired employees 22 of the employer from being taken into ac- 23 count in determining contributions owed to 24 the legacy plan. 25 ‘‘(2) TRANSITION CONTRIBUTION RATE.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01034 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1035 1 ‘‘(A) IN GENERAL.—The transition con- 2 tribution rate for a plan year is the contribution 3 rate that, as certified by the actuary of the leg- 4 acy plan in accordance with the principles in 5 section 305(b)(3)(B), is reasonably expected to 6 be adequate— 7 ‘‘(i) to fund the normal cost for the 8 plan year; 9 ‘‘(ii) to amortize the plan’s unfunded 10 liabilities in level annual installments over 11 25 years, beginning with the plan year in 12 which the transition contribution rate is 13 first established; and 14 ‘‘(iii) to amortize any subsequent 15 changes in the legacy plan’s unfunded li- 16 ability due to experience gains or losses 17 (including investment gains or losses, gains 18 or losses due to contributions greater or 19 less than the contributions made under the 20 prior transition contribution rate, and 21 other actuarial gains or losses), changes in 22 actuarial assumptions, changes to the leg- 23 acy plan’s benefits, or changes in funding 24 method over a period of 15 plan years be- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01035 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1036 1 ginning with the plan year in which such 2 change in unfunded liability is incurred. 3 The transition contribution rate for any plan 4 year may not be less than the transition con- 5 tribution rate for the plan year in which such 6 rate is first established. 7 ‘‘(B) MULTIPLE RATES.—If different rates 8 of contribution are payable to the legacy plan 9 by different employers or for different classes of 10 employees, the certification shall specify a tran- 11 sition contribution rate for each such employer. 12 ‘‘(C) RATE 13 APPLICABLE TO EMPLOYER.— ‘‘(i) IN GENERAL.—Except as pro- 14 vided by clause (ii), the transition con- 15 tribution rate applicable to an employer for 16 a plan year is the rate in effect for the 17 plan year of the legacy plan that com- 18 mences on or after 180 days before the 19 earlier of— 20 ‘‘(I) the effective date of the col- 21 lective bargaining agreement pursuant 22 to which the employer contributes to 23 the legacy plan; or 24 ‘‘(II) 5 years after the last plan 25 year for which the transition contribu- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01036 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1037 1 tion rate applicable to the employer 2 was established or updated. 3 ‘‘(ii) EXCEPTION.—The transition 4 contribution rate applicable to an employer 5 for the first plan year beginning on or 6 after the commencement of the employer’s 7 obligation to contribute to the composite 8 plan is the rate in effect for the plan year 9 of the legacy plan that commences on or 10 after 180 days before such first plan year. 11 ‘‘(D) EFFECT OF LEGACY PLAN FINANCIAL 12 CIRCUMSTANCES.—If 13 legacy plan has certified under section 305 that 14 the plan is in endangered or critical status for 15 a plan year, the transition contribution rate for 16 the following plan year is the rate determined 17 with respect to the employer under the legacy 18 plan’s funding improvement or rehabilitation 19 plan under section 305, if greater than the rate 20 otherwise determined, but in no event greater 21 than 75 percent of the sum of the contribution 22 rates applicable to the legacy plan and the com- 23 posite plan for the plan year. 24 ‘‘(E) OTHER 25 the plan actuary of the ACTUARIAL AND METHODS.—Except ASSUMPTIONS as provided in sub- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01037 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1038 1 paragraph (A), the determination of the transi- 2 tion contribution rate for a plan year shall be 3 based on actuarial assumptions and methods 4 consistent with the minimum funding deter- 5 minations made under section 304 (or, if appli- 6 cable, section 305) with respect to the legacy 7 plan for the plan year. 8 ‘‘(F) ADJUSTMENTS IN RATE.—The plan 9 sponsor of a legacy plan from time to time may 10 adjust the transition contribution rate or rates 11 applicable to an employer under this paragraph 12 by increasing some rates and decreasing others 13 if the actuary certifies that such adjusted rates 14 in combination will produce projected contribu- 15 tion income for the plan year beginning on or 16 after the date of certification that is not less 17 than would be produced by the transition con- 18 tribution rates in effect at the time of the cer- 19 tification. 20 ‘‘(G) NOTICE OF TRANSITION CONTRIBU- 21 TION RATE.—The 22 shall provide notice to the parties to collective 23 bargaining agreements pursuant to which con- 24 tributions are made to the legacy plan of 25 changes to the transition contribution rate re- plan sponsor of a legacy plan L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01038 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1039 1 quirements at least 30 days before the begin- 2 ning of the plan year for which the rate is effec- 3 tive. 4 ‘‘(H) NOTICE TO COMPOSITE PLAN SPON- 5 SOR.—Not 6 mination by the plan sponsor of a legacy plan 7 that a collective bargaining agreement provides 8 for a rate of contributions that is below the 9 transition contribution rate applicable to one or 10 more employers that are parties to the collective 11 bargaining agreement, the plan sponsor of the 12 legacy plan shall notify the plan sponsor of any 13 composite plan under which employees of such 14 employer would otherwise be eligible to accrue 15 a benefit. 16 ‘‘(3) CORRECTION later than 30 days after a deter- PROCEDURES.—Pursuant to 17 standards prescribed by the Secretary, the plan 18 sponsor of a composite plan shall adopt rules and 19 procedures that give the parties to the collective bar- 20 gaining agreement notice of the failure of such 21 agreement to satisfy the transition contribution re- 22 quirements of this subsection, and a reasonable op- 23 portunity to correct such failure, not to exceed 180 24 days from the date of notice given under subsection 25 (b)(2). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01039 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1040 1 ‘‘(4) SUPPLEMENTAL CONTRIBUTIONS.—A col- 2 lective bargaining agreement may provide for supple- 3 mental contributions to the legacy plan for a plan 4 year in excess of the transition contribution rate de- 5 termined under paragraph (2), regardless of whether 6 the legacy plan is in endangered or critical status for 7 such plan year. 8 ‘‘(e) NONAPPLICATION 9 OF COMPOSITE PLAN RE- STRICTIONS.— 10 ‘‘(1) IN GENERAL.—The provisions of sub- 11 sections (a), (b), and (c) shall not apply with respect 12 to a collective bargaining agreement, to the extent 13 the agreement, or a predecessor agreement, provides 14 or provided for contributions to a defined benefit 15 plan that is a legacy plan, as of the first day of the 16 first plan year following a plan year for which the 17 plan actuary certifies that the plan is fully funded, 18 has been fully funded for at least three out of the 19 immediately preceding 5 plan years, and is projected 20 to remain fully funded for at least the following 4 21 plan years. 22 ‘‘(2) DETERMINATION OF FULLY FUNDED.—A 23 plan is fully funded for purposes of paragraph (1) 24 if, as of the valuation date of the plan for a plan 25 year, the value of the plan’s assets equals or exceeds L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01040 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1041 1 the present value of the plan’s liabilities, determined 2 in accordance with the rules prescribed by the Pen- 3 sion Benefit Guaranty Corporation under sections 4 4219(c)(1)(D) and 4281 for multiemployer plans 5 terminating by mass withdrawal, as in effect for the 6 date of the determination, except the plan’s reason- 7 able assumption regarding the starting date of bene- 8 fits may be used. 9 ‘‘(3) OTHER APPLICABLE RULES.—Except as 10 provided in paragraph (2), actuarial determinations 11 and projections under this section shall be based on 12 the rules in section 305(b)(3) and section 802(b). 13 ‘‘SEC. 806. MERGERS AND ASSET TRANSFERS OF COM- 14 POSITE PLANS. 15 ‘‘(a) IN GENERAL.—Assets and liabilities of a com- 16 posite plan may only be merged with, or transferred to, 17 another plan if— 18 ‘‘(1) the other plan is a composite plan; 19 ‘‘(2) the plan or plans resulting from the merg- 20 er or transfer is a composite plan; 21 ‘‘(3) no participant’s accrued benefit or adjust- 22 able benefit is lower immediately after the trans- 23 action than it was immediately before the trans- 24 action; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01041 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1042 1 ‘‘(4) the value of the assets transferred in the 2 case of a transfer reasonably reflects the value of the 3 amounts contributed with respect to the participants 4 whose benefits are being transferred, adjusted for al- 5 locable distributions, investment gains and losses, 6 and administrative expenses. 7 ‘‘(b) LEGACY PLAN.— 8 ‘‘(1) IN GENERAL.—After a merger or transfer 9 involving a composite plan, the legacy plan with re- 10 spect to an employer that is obligated to contribute 11 to the resulting composite plan is the legacy plan 12 that applied to that employer immediately before the 13 merger or transfer. 14 ‘‘(2) MULTIPLE LEGACY PLANS.—If an em- 15 ployer is obligated to contribute to more than one 16 legacy plan with respect to employees eligible to ac- 17 crue benefits under more than one composite plan 18 and there is a merger or transfer of such legacy 19 plans, the transition contribution rate applicable to 20 the legacy plan resulting from the merger or trans- 21 fer with respect to that employer shall be determined 22 in 23 805(d)(2)(B).’’. 24 accordance with the provisions of section (2) PENALTIES.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01042 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1043 1 (A) CIVIL ENFORCEMENT OF FAILURE TO 2 COMPLY WITH REALIGNMENT PROGRAM.—Sec- 3 tion 502(a) of such Act (29 U.S.C. 1132(a)) is 4 amended— 5 (i) in paragraph (10), by striking ‘‘or’’ 6 at the end; 7 (ii) in paragraph (11), by striking the 8 period at the end and inserting ‘‘; or’’; and 9 (iii) by adding at the end the fol- 10 lowing: 11 ‘‘(12) in the case of a composite plan required 12 to adopt a realignment program under section 803, 13 if the plan sponsor— 14 ‘‘(A) has not adopted a realignment pro- 15 gram under that section by the deadline estab- 16 lished in such section; or 17 ‘‘(B) fails to update or comply with the 18 terms of the realignment program in accordance 19 with the requirements of such section, 20 by the Secretary, by an employer that has an obliga- 21 tion to contribute with respect to the composite plan, 22 or by an employee organization that represents ac- 23 tive participants in the composite plan, for an order 24 compelling the plan sponsor to adopt a realignment 25 program, or to update or comply with the terms of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01043 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1044 1 the realignment program, in accordance with the re- 2 quirements of such section and the realignment pro- 3 gram.’’. 4 (B) CIVIL 5 PENALTIES.—Section 502(c) of such Act (29 U.S.C. 1132(c)) is amended— 6 (i) by moving paragraphs (8), (10), 7 and (12) each 2 ems to the left; 8 (ii) by redesignating paragraphs (9) 9 through (12) as paragraphs (12) through 10 (15), respectively; and 11 (iii) by inserting after paragraph (8) 12 the following: 13 ‘‘(9) The Secretary may assess against any plan 14 sponsor of a composite plan a civil penalty of not 15 more than $1,100 per day for each violation by such 16 sponsor— 17 ‘‘(A) of the requirement under section 18 802(a) on the plan actuary to certify the plan’s 19 current or projected funded ratio by the date 20 specified in such subsection; or 21 ‘‘(B) of the requirement under section 803 22 to adopt a realignment program by the deadline 23 established in that section and to comply with 24 its terms. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01044 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1045 1 ‘‘(10)(A) The Secretary may assess against any 2 plan sponsor of a composite plan a civil penalty of 3 not more than $100 per day for each violation by 4 such sponsor of the requirement under section 5 803(b) to provide notice as described in such section, 6 except that no penalty may be assessed in any case 7 in which the plan sponsor exercised reasonable dili- 8 gence to meet the requirements of such section 9 and— 10 ‘‘(i) the plan sponsor did not know that the 11 violation existed; or 12 ‘‘(ii) the plan sponsor provided such notice 13 during the 30-day period beginning on the first 14 date on which the plan sponsor knew, or in ex- 15 ercising reasonable due diligence should have 16 known, that such violation existed. 17 ‘‘(B) In any case in which the plan sponsor ex- 18 ercised reasonable diligence to meet the require- 19 ments of section 803(b)— 20 ‘‘(i) the total penalty assessed under this 21 paragraph against such sponsor for a plan year 22 may not exceed $500,000; and 23 ‘‘(ii) the Secretary may waive part or all of 24 such penalty to the extent that the payment of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01045 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1046 1 such penalty would be excessive or otherwise in- 2 equitable relative to the violation involved. 3 ‘‘(11) The Secretary may assess against any 4 plan sponsor of a composite plan a civil penalty of 5 not more than $100 per day for each violation by 6 such sponsor of the notice requirements under sec- 7 tions 801(b)(5) and 805(b)(2).’’. 8 (3) CONFORMING AMENDMENT.—The table of 9 contents in section 1 of such Act (29 U.S.C. 1001 10 note) is amended by inserting after the item relating 11 to section 734 the following: ‘‘PART 8—COMPOSITE PLANS ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. 12 13 801. 802. 803. 804. 805. 806. LEGACY PLANS Composite plan defined. Funded ratios; actuarial assumptions. Realignment program. Limitation on increasing benefits. Composite plan restrictions to preserve legacy plan funding. Mergers and asset transfers of composite plans.’’. (b) AMENDMENT OF AND TO THE INTERNAL REVENUE CODE 1986.— 14 (1) IN GENERAL.—Part III of subchapter D of 15 chapter 1 of the Internal Revenue Code of 1986 is 16 amended by adding at the end the following: 17 ‘‘Subpart C—Composite Plans and Legacy Plans ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. 437. Composite plan defined. 438. Funded ratios; actuarial assumptions. 439. Realignment program. 440. Limitation on increasing benefits. 440A. Composite plan restrictions to preserve legacy plan funding. 440B. Mergers and asset transfers of composite plans. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01046 Fmt 6652 Sfmt 6211 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1047 1 ‘‘SEC. 437. COMPOSITE PLAN DEFINED. 2 ‘‘(a) IN GENERAL.—For purposes of this title, the 3 term ‘composite plan’ means a pension plan— 4 ‘‘(1) which is a multiemployer plan that is nei- 5 ther a defined benefit plan nor a defined contribu- 6 tion plan, 7 ‘‘(2) the terms of which provide that the plan 8 is a composite plan for purposes of this title with re- 9 spect to which not more than one multiemployer de- 10 fined benefit plan is treated as a legacy plan within 11 the meaning of section 440A, unless there is more 12 than one legacy plan following a merger of composite 13 plans under section 440B, 14 ‘‘(3) which provides systematically for the pay- 15 ment of benefits— 16 ‘‘(A) objectively calculated pursuant to a 17 formula enumerated in the plan document with 18 respect to plan participants after retirement, 19 for life, and 20 ‘‘(B) in the form of life annuities, except 21 for benefits which under section 411(a)(11) 22 may be immediately distributed without the 23 consent of the participant, 24 ‘‘(4) for which the plan contributions for the 25 first plan year are at least 120 percent of the nor- 26 mal cost for the plan year, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01047 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1048 1 ‘‘(5) which requires— 2 ‘‘(A) an annual valuation of the liability of 3 the plan as of a date within the plan year to 4 which the valuation refers or within one month 5 prior to the beginning of such year, 6 ‘‘(B) an annual actuarial determination of 7 the plan’s current funded ratio and projected 8 funded ratio under section 438(a), 9 ‘‘(C) corrective action through a realign- 10 ment program pursuant to section 439 when- 11 ever the plan’s projected funded ratio is below 12 120 percent for the plan year, and 13 ‘‘(D) an annual notification to each partici- 14 pant describing the participant’s benefits under 15 the plan and explaining that such benefits may 16 be subject to reduction under a realignment 17 program pursuant to section 439 based on the 18 plan’s funded status in future plan years, and 19 ‘‘(6) the board of trustees of which includes at 20 least one retiree or beneficiary in pay status during 21 each plan year following the first plan year in which 22 at least 5 percent of the participants in the plan are 23 retirees or beneficiaries in pay status. 24 ‘‘(b) TRANSITION FROM 25 FINED A MULTIEMPLOYER DE- BENEFIT PLAN.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01048 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1049 1 ‘‘(1) IN GENERAL.—The plan sponsor of a de- 2 fined benefit plan that is a multiemployer plan may, 3 subject to paragraph (2), amend the plan to incor- 4 porate the features of a composite plan as a compo- 5 nent of the multiemployer plan separate from the 6 defined benefit plan component, except in the case of 7 a defined benefit plan for which the plan actuary has 8 certified under section 432(b)(3) that the plan is or 9 will be in critical status for the plan year in which 10 such amendment would become effective or for any 11 of the succeeding 5 plan years. 12 ‘‘(2) REQUIREMENTS.—Any amendment pursu- 13 ant to paragraph (1) to incorporate the features of 14 a composite plan as a component of a multiemployer 15 plan shall— 16 ‘‘(A) apply with respect to all collective 17 bargaining agreements providing for contribu- 18 tions to the multiemployer plan on or after the 19 effective date of the amendment, 20 ‘‘(B) apply with respect to all participants 21 in the multiemployer plan for whom contribu- 22 tions are made to the multiemployer plan on or 23 after the effective date of the amendment, 24 ‘‘(C) specify that the effective date of the 25 amendment is— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01049 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1050 1 ‘‘(i) the first day of a specified plan 2 year following the date of the adoption of 3 the amendment, except that the plan spon- 4 sor may alternatively provide for a sepa- 5 rate effective date with respect to each col- 6 lective bargaining agreement under which 7 contributions to the multiemployer plan 8 are required, which shall occur on the first 9 day of the first plan year beginning after 10 the termination, or if earlier, the re-open- 11 ing, of each such agreement, or such ear- 12 lier date as the parties to the agreement 13 and the plan sponsor of the multiemployer 14 plan shall agree to, and 15 ‘‘(ii) not later than the first day of the 16 fifth plan year beginning on or after the 17 date of the adoption of the amendment, 18 ‘‘(D) specify that, as of the amendment’s 19 effective date, no further benefits shall accrue 20 under the defined benefit component of the 21 multiemployer plan, and 22 ‘‘(E) specify that, as of the amendment’s 23 effective date, the plan sponsor of the multiem- 24 ployer plan shall be the plan sponsor of both L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01050 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1051 1 the composite plan component and the defined 2 benefit plan component of the plan. 3 ‘‘(3) SPECIAL 4 RULES.—If a multiemployer plan is amended pursuant to paragraph (1)— 5 ‘‘(A) the requirements of this title shall be 6 applied to the composite plan component and 7 the defined benefit plan component of the mul- 8 tiemployer plan as if each such component were 9 maintained as a separate plan, and 10 ‘‘(B) the assets of the composite plan com- 11 ponent and the defined benefit plan component 12 of the plan shall be held in a single trust form- 13 ing part of the plan under which the trust in- 14 strument expressly provides— 15 ‘‘(i) for separate accounts (and appro- 16 priate records) to be maintained to reflect 17 the interest which each of the plan compo- 18 nents has in the trust, including separate 19 accounting for additions to the trust for 20 the benefit of each plan component, dis- 21 bursements made from each plan compo- 22 nent’s account in the trust, investment ex- 23 perience of the trust allocable to that ac- 24 count, and administrative expenses (wheth- 25 er direct expenses or shared expenses allo- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01051 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1052 1 cated proportionally), and permits, but 2 does not require, the pooling of some or all 3 of the assets of the two plan components 4 for investment purposes, and 5 ‘‘(ii) that the assets of each of the two 6 plan components shall be held, invested, 7 reinvested, managed, administered and dis- 8 tributed for the exclusive benefit of the 9 participants and beneficiaries of each such 10 plan component, and in no event shall the 11 assets of one of the plan components be 12 available to pay benefits due under the 13 other plan component. 14 ‘‘(4) NOT A TERMINATION EVENT.—Notwith- 15 standing section 4041A of the Employee Retirement 16 Income Security Act of 1974, an amendment pursu- 17 ant to paragraph (1) to incorporate the features of 18 a composite plan as a component of a multiemployer 19 plan does not constitute termination of the multiem- 20 ployer plan. 21 ‘‘(5) NOTICE TO THE SECRETARY.— 22 ‘‘(A) NOTICE.—The plan sponsor of a 23 composite plan shall provide notice to the Sec- 24 retary of the intent to establish the composite 25 plan (or, in the case of a composite plan incor- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01052 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1053 1 porated as a component of a multiemployer 2 plan as described in paragraph (1), the intent 3 to amend the multiemployer plan to incorporate 4 such composite plan) at least 30 days prior to 5 the effective date of such establishment or 6 amendment. 7 ‘‘(B) CERTIFICATION.—In the case of a 8 composite plan incorporated as a component of 9 a multiemployer plan as described in paragraph 10 (1), such notice shall include a certification by 11 the plan actuary under section 432(b)(3) that 12 the effective date of the amendment occurs in 13 a plan year for which the multiemployer plan is 14 not in critical status for that plan year and any 15 of the succeeding 5 plan years. 16 ‘‘(6) REFERENCES TO COMPOSITE PLAN COM- 17 PONENT.—As 18 posite plan’ includes a composite plan component 19 added to a defined benefit plan pursuant to para- 20 graph (1). 21 used in this subpart, the term ‘com- ‘‘(7) RULE OF CONSTRUCTION.—Paragraph 22 (2)(A) shall not be construed as preventing the plan 23 sponsor of a multiemployer plan from adopting an 24 amendment pursuant to paragraph (1) because some 25 collective bargaining agreements are amended to L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01053 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1054 1 cease any covered employer’s obligation to contribute 2 to the multiemployer plan before or after the plan 3 amendment is effective. Paragraph (2)(B) shall not 4 be construed as preventing the plan sponsor of a 5 multiemployer plan from adopting an amendment 6 pursuant to paragraph (1) because some partici- 7 pants cease to have contributions made to the multi- 8 employer plan on their behalf before or after the 9 plan amendment is effective. 10 ‘‘(c) COORDINATION WITH FUNDING RULES.—Ex- 11 cept as otherwise provided in this title, sections 412, 431, 12 and 432 shall not apply to a composite plan. 13 ‘‘(d) TREATMENT OF A COMPOSITE PLAN.—For pur- 14 poses of this title (other than sections 412 and 418E), 15 a composite plan shall be treated as if it were a defined 16 benefit plan unless a different treatment is provided for 17 under applicable law. 18 ‘‘SEC. 438. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS. 19 ‘‘(a) CERTIFICATION OF FUNDED RATIOS.— 20 ‘‘(1) IN GENERAL.—Not later than the one- 21 hundred twentieth day of each plan year of a com- 22 posite plan, the plan actuary of the composite plan 23 shall certify to the Secretary, the Secretary of 24 Labor, and the plan sponsor the plan’s current fund- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01054 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1055 1 ed ratio and projected funded ratio for the plan 2 year. 3 ‘‘(2) DETERMINATION OF CURRENT FUNDED 4 RATIO AND PROJECTED FUNDED RATIO.—For 5 poses of this section— 6 ‘‘(A) CURRENT FUNDED RATIO.—The pur- cur- 7 rent funded ratio is the ratio (expressed as a 8 percentage) of— 9 ‘‘(i) the value of the plan’s assets as 10 of the first day of the plan year, to 11 ‘‘(ii) the plan actuary’s best estimate 12 of the present value of the plan liabilities 13 as of the first day of the plan year. 14 ‘‘(B) PROJECTED FUNDED RATIO.—The 15 projected funded ratio is the current funded 16 ratio projected to the first day of the fifteenth 17 plan year following the plan year for which the 18 determination is being made. 19 ‘‘(3) CONSIDERATION OF CONTRIBUTION RATE 20 INCREASES.—For 21 subsection, the plan sponsor may anticipate con- 22 tribution rate increases beyond the term of the cur- 23 rent collective bargaining agreement and any agreed- 24 to supplements, up to a maximum of 2.5 percent per 25 year, compounded annually, unless it would be un- purposes of projections under this L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01055 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1056 1 reasonable under the circumstances to assume that 2 contributions would increase by that amount. 3 ‘‘(b) ACTUARIAL ASSUMPTIONS AND METHODS.— 4 For purposes of this part— 5 ‘‘(1) IN GENERAL.—All costs, liabilities, rates 6 of interest, and other factors under the plan shall be 7 determined for a plan year on the basis of actuarial 8 assumptions and methods— 9 ‘‘(A) each of which is reasonable (taking 10 into account the experience of the plan and rea- 11 sonable expectations), 12 ‘‘(B) which, in combination, offer the actu- 13 ary’s best estimate of anticipated experience 14 under the plan, and 15 ‘‘(C) with respect to which any change 16 from the actuarial assumptions and methods 17 used in the previous plan year shall be certified 18 by the plan actuary and the actuarial rationale 19 for such change provided in the annual report 20 required by section 6058. 21 ‘‘(2) FAIR MARKET VALUE OF ASSETS.—The 22 value of the plan’s assets shall be taken into account 23 on the basis of their fair market value. 24 ‘‘(3) DETERMINATION 25 PLAN LIABILITIES.—A OF NORMAL COST AND plan’s normal cost and liabil- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01056 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1057 1 ities shall be based on the most recent actuarial 2 valuation required under section 437(a)(5)(A) and 3 the unit credit funding method. 4 ‘‘(4) TIME 5 DEEMED MADE.—Any 6 made by an employer after the last day of such plan 7 year, but not later than two and one-half months 8 after such day, shall be deemed to have been made 9 on such last day. For purposes of this paragraph, 10 such two and one-half month period may be ex- 11 tended for not more than six months under regula- 12 tions prescribed by the Secretary. 13 WHEN CERTAIN CONTRIBUTIONS contributions for a plan year ‘‘(5) ADDITIONAL ACTUARIAL ASSUMPTIONS.— 14 Except where otherwise provided in this subpart, the 15 provisions of section 432(b)(3)(B) shall apply to any 16 determination or projection under this subpart. 17 ‘‘SEC. 439. REALIGNMENT PROGRAM. 18 ‘‘(a) REALIGNMENT PROGRAM.— 19 ‘‘(1) ADOPTION.—In any case in which the plan 20 actuary certifies under section 438(a) that the plan’s 21 projected funded ratio is below 120 percent for the 22 plan year, the plan sponsor shall adopt a realign- 23 ment program under paragraph (2) not later than 24 210 days after the due date of the certification re- 25 quired under section 438(a). The plan sponsor shall L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01057 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1058 1 adopt an updated realignment program for each suc- 2 ceeding plan year for which a certification described 3 in the preceding sentence is made. 4 ‘‘(2) CONTENT 5 ‘‘(A) IN OF REALIGNMENT PROGRAM.— GENERAL.—A realignment pro- 6 gram adopted under this paragraph is a written 7 program which consists of all reasonable meas- 8 ures, including options or a range of options to 9 be undertaken by the plan sponsor or proposed 10 to the bargaining parties, formulated, based on 11 reasonably anticipated experience and reason- 12 able actuarial assumptions, to enable the plan 13 to achieve a projected funded ratio of at least 14 120 percent for the following plan year. 15 ‘‘(B) INITIAL PROGRAM ELEMENTS.—Rea- 16 sonable measures under a realignment program 17 described in subparagraph (A) may include any 18 of the following: 19 ‘‘(i) Proposed contribution increases. 20 ‘‘(ii) A reduction in the rate of future 21 benefit accruals, so long as the resulting 22 rate shall not be less than 1 percent of the 23 contributions on which benefits are based 24 as of the start of the plan year (or the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01058 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1059 1 equivalent standard accrual rate as de- 2 scribed in section 432(e)(6)). 3 ‘‘(iii) A modification or elimination of 4 adjustable benefits of participants that are 5 not in pay status before the date of the no- 6 tice required under subsection (b)(1). 7 ‘‘(iv) Any other legally available meas- 8 ures not specifically described in this sub- 9 paragraph or subparagraph (C) or (D) 10 that the plan sponsor determines are rea- 11 sonable. 12 ‘‘(C) ADDITIONAL PROGRAM ELEMENTS.— 13 If the plan sponsor has determined that all rea- 14 sonable measures available under subparagraph 15 (B) will not enable the plan to achieve a pro- 16 jected funded ratio of at least 120 percent the 17 following plan year, such reasonable measures 18 may also include— 19 ‘‘(i) a reduction of accrued benefits 20 that are not in pay status by the date of 21 the 22 (b)(1), or notice required under subsection 23 ‘‘(ii) a reduction of any benefits of 24 participants that are in pay status before 25 the date of the notice required under sub- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01059 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1060 1 section (b)(1) other than core benefits as 2 defined in paragraph (4). 3 ‘‘(D) ADDITIONAL REDUCTIONS.—In the 4 case of a composite plan for which the plan 5 sponsor has determined that all reasonable 6 measures available under subparagraphs (B) 7 and (C) will not enable the plan to achieve a 8 projected funded ratio of at least 120 percent 9 for the following plan year, such reasonable 10 measures may also include— 11 ‘‘(i) a further reduction in the rate of 12 future benefit accruals without regard to 13 the limitation applicable under subpara- 14 graph (B)(ii), or 15 ‘‘(ii) a reduction of core benefits, 16 provided that such reductions shall be equitably 17 distributed across the participant and bene- 18 ficiary population, taking into account factors, 19 with respect to participants and beneficiaries 20 and their benefits, that may include one or 21 more of the factors listed in subclauses (I) 22 through (X) of section 432(e)(9)(D)(vi), to the 23 extent necessary to enable the plan to achieve 24 a projected funded ratio of at least 120 percent 25 for the following plan year, or at the election of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01060 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1061 1 the plan sponsor, a projected funded ratio of at 2 least 100 percent for the following plan year 3 and a current funded ratio of at least 90 per- 4 cent. 5 ‘‘(3) ADJUSTABLE BENEFIT DEFINED.—For 6 purposes of this subpart, the term ‘adjustable ben- 7 efit’ means— 8 ‘‘(A) benefits, rights, and features under 9 the plan, including post-retirement death bene- 10 fits, 60-month guarantees, disability benefits 11 not yet in pay status, and similar benefits, 12 ‘‘(B) any early retirement benefit or retire- 13 ment-type subsidy (within the meaning of sec- 14 tion 411(d)(6)(B)(i)) and any benefit payment 15 option (other than the qualified joint and sur- 16 vivor annuity), and 17 ‘‘(C) benefit increases that were adopted 18 (or, if later, took effect) less than 60 months 19 before the first day such realignment program 20 took effect. 21 ‘‘(4) CORE BENEFIT DEFINED.—For purposes 22 of this subpart, the term ‘core benefit’ means a par- 23 ticipant’s accrued benefit payable in the normal form 24 of an annuity commencing at normal retirement age, 25 determined without regard to— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01061 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1062 1 ‘‘(A) any early retirement benefits, retire- 2 ment-type subsidies, or other benefits, rights, or 3 features that may be associated with that ben- 4 efit, and 5 ‘‘(B) any cost-of-living adjustments or ben- 6 efit increases effective after the date of retire- 7 ment. 8 ‘‘(5) COORDINATION 9 WITH CONTRIBUTION IN- CREASES.— 10 ‘‘(A) IN GENERAL.—A realignment pro- 11 gram may provide that some or all of the ben- 12 efit modifications described in the program will 13 only take effect if the bargaining parties fail to 14 agree to specified levels of increases in contribu- 15 tions to the plan, effective as of specified dates. 16 ‘‘(B) INDEPENDENT BENEFIT MODIFICA- 17 TIONS.—If 18 changes to the benefit formula that are inde- 19 pendent of potential contribution increases, 20 such changes shall take effect not later than 21 180 days following the first day of the first 22 plan year that begins following the adoption of 23 the realignment program. 24 ‘‘(C) CONDITIONAL 25 TIONS.—If a realignment program adopts any BENEFIT MODIFICA- a realignment program adopts any L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01062 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1063 1 changes to the benefit formula that take effect 2 only if the bargaining parties fail to agree to 3 contribution increases, such changes shall take 4 effect not later than the first day of the first 5 plan year beginning after the third anniversary 6 of the date of adoption of the realignment pro- 7 gram. 8 ‘‘(D) REVOCATION 9 OF CERTAIN BENEFIT MODIFICATIONS.—Benefit modifications de- 10 scribed in paragraph (3) may be revoked, in 11 whole or in part, and retroactively or prospec- 12 tively, when contributions to the plan are in- 13 creased, as specified in the realignment pro- 14 gram, including any amendments thereto. The 15 preceding sentence shall not apply unless the 16 contribution increases are to be effective not 17 later than the fifth anniversary of the first day 18 of the first plan year that begins after the 19 adoption of the realignment program. 20 ‘‘(b) NOTICE.— 21 ‘‘(1) IN GENERAL.—In any case in which it is 22 certified under section 438(a) that the projected 23 funded ratio is less than 120 percent, the plan spon- 24 sor shall, not later than 30 days after the date of 25 the certification, provide notification of the current L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01063 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1064 1 and projected funded ratios to the participants and 2 beneficiaries, the bargaining parties, and the Sec- 3 retary. Such notice shall include— 4 ‘‘(A) an explanation that contribution rate 5 increases or benefit reductions may be nec- 6 essary, 7 ‘‘(B) a description of the types of benefits 8 that might be reduced, and 9 ‘‘(C) an estimate of the contribution in- 10 creases and benefit reductions that may be nec- 11 essary to achieve a projected funded ratio of 12 120 percent. 13 ‘‘(2) NOTICE 14 ‘‘(A) IN OF BENEFIT MODIFICATIONS.— GENERAL.—No modifications may 15 be made that reduce the rate of future benefit 16 accrual or that reduce core benefits or adjust- 17 able benefits unless notice of such reduction has 18 been given at least 180 days before the general 19 effective date of such reduction for all partici- 20 pants and beneficiaries to— 21 ‘‘(i) 22 ficiaries, plan participants and bene- 23 ‘‘(ii) each employer who has an obliga- 24 tion to contribute to the composite plan, 25 and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01064 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1065 1 ‘‘(iii) each employee organization 2 which, for purposes of collective bar- 3 gaining, represents plan participants em- 4 ployed by such employers. 5 ‘‘(B) CONTENT 6 OF NOTICE.—The notice under subparagraph (A) shall contain— 7 ‘‘(i) sufficient information to enable 8 participants and beneficiaries to under- 9 stand the effect of any reduction on their 10 benefits, including an illustration of any 11 affected benefit or subsidy, on an annual 12 or monthly basis that a participant or ben- 13 eficiary would otherwise have been eligible 14 for as of the general effective date de- 15 scribed in subparagraph (A), and 16 ‘‘(ii) information as to the rights and 17 remedies of plan participants and bene- 18 ficiaries as well as how to contact the De- 19 partment of Labor for further information 20 and assistance, where appropriate. 21 ‘‘(C) FORM 22 MANNER.—Any AND notice under subparagraph (A)— 23 ‘‘(i) shall be provided in a form and 24 manner prescribed in regulations of the 25 Secretary of Labor, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01065 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1066 1 ‘‘(ii) shall be written in a manner so 2 as to be understood by the average plan 3 participant. 4 ‘‘(3) MODEL NOTICES.—The Secretary shall— 5 ‘‘(A) prescribe model notices that the plan 6 sponsor of a composite plan may use to satisfy 7 the notice requirements under this subsection, 8 and 9 ‘‘(B) by regulation enumerate any details 10 related to the elements listed in paragraph (1) 11 that any notice under this subsection must in- 12 clude. 13 ‘‘(4) DELIVERY METHOD.—Any notice under 14 this part shall be provided in writing and may also 15 be provided in electronic form to the extent that the 16 form is reasonably accessible to persons to whom the 17 notice is provided. 18 ‘‘SEC. 440. LIMITATION ON INCREASING BENEFITS. 19 ‘‘(a) LEVEL OF CURRENT FUNDED RATIOS.—Except 20 as provided in subsections (c), (d), and (e), no plan 21 amendment increasing benefits or establishing new bene22 fits under a composite plan may be adopted for a plan 23 year unless— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01066 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1067 1 ‘‘(1) the plan’s current funded ratio is at least 2 110 percent (without regard to the benefit increase 3 or new benefits), 4 ‘‘(2) taking the benefit increase or new benefits 5 into account, the current funded ratio is at least 100 6 percent and the projected funded ratio for the cur- 7 rent plan year is at least 120 percent, 8 ‘‘(3) in any case in which, after taking the ben- 9 efit increase or new benefits into account, the cur- 10 rent funded ratio is less than 140 percent or the 11 projected funded ratio is less than 140 percent, the 12 benefit increase or new benefits are projected by the 13 plan actuary to increase the present value of the 14 plan’s liabilities for the plan year by not more than 15 3 percent, and 16 ‘‘(4) expected contributions for the current plan 17 year are at least 120 percent of normal cost for the 18 plan year, determined using the unit credit funding 19 method and treating the benefit increase or new ben- 20 efits as in effect for the entire plan year. 21 ‘‘(b) ADDITIONAL REQUIREMENTS WHERE CORE 22 BENEFITS REDUCED.—If a plan has been amended to re23 duce core benefits pursuant to a realignment program 24 under section 439(a)(2)(D), such plan may not be subse- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01067 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1068 1 quently amended to increase core benefits unless the 2 amendment— 3 ‘‘(1) increases the level of future benefit pay- 4 ments only, and 5 ‘‘(2) provides for an equitable distribution of 6 benefit increases across the participant and bene- 7 ficiary population, taking into account the extent to 8 which the benefits of participants were previously re- 9 duced pursuant to such realignment program. 10 ‘‘(c) EXCEPTION TO COMPLY WITH APPLICABLE 11 LAW.—Subsection (a) shall not apply in connection with 12 a plan amendment if the amendment is required as a con13 dition of qualification under part I of subchapter D of 14 chapter 1 or to comply with other applicable law. 15 ‘‘(d) EXCEPTION WHERE MAXIMUM DEDUCTIBLE 16 LIMIT APPLIES.—Subsection (a) shall not apply in con17 nection with a plan amendment if and to the extent that 18 contributions to the composite plan would not be deduct19 ible for the plan year under section 404(a)(1)(E) if the 20 plan amendment is not adopted. The Secretary of the 21 Treasury shall issue regulations to implement this para22 graph. 23 24 ‘‘(e) EXCEPTION TIONS.—Subsection FOR CERTAIN BENEFIT MODIFICA- (a) shall not apply in connection with L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01068 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1069 1 a plan amendment under section 439(a)(5)(C), regarding 2 conditional benefit modifications. 3 ‘‘(f) TREATMENT OF PLAN AMENDMENTS.—For pur- 4 poses of this section— 5 ‘‘(1) if two or more plan amendments increas- 6 ing benefits or establishing new benefits are adopted 7 in a plan year, such amendments shall be treated as 8 a single amendment adopted on the last day of the 9 plan year, 10 ‘‘(2) all benefit increases and new benefits 11 adopted in a single amendment are treated as a sin- 12 gle benefit increase, irrespective of whether the in- 13 creases and new benefits take effect in more than 14 one plan year, and 15 ‘‘(3) increases in contributions or decreases in 16 plan liabilities which are scheduled to take effect in 17 future plan years may be taken into account in con- 18 nection with a plan amendment if they have been 19 agreed to in writing or otherwise formalized by the 20 date the plan amendment is adopted. 21 ‘‘SEC. 440A. COMPOSITE PLAN RESTRICTIONS TO PRE- 22 SERVE LEGACY PLAN FUNDING. 23 ‘‘(a) TREATMENT AS A LEGACY PLAN.— 24 ‘‘(1) IN 25 GENERAL.—For purposes of this sub- chapter, a defined benefit plan shall be treated as a L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01069 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1070 1 legacy plan with respect to the composite plan under 2 which the employees who were eligible to accrue a 3 benefit under the defined benefit plan become eligi- 4 ble to accrue a benefit under such composite plan. 5 ‘‘(2) COMPONENT PLANS.—In any case in 6 which a defined benefit plan is amended to add a 7 composite plan component pursuant to section 8 437(b), paragraph (1) shall be applied by sub- 9 stituting ‘defined benefit component’ for ‘defined 10 benefit plan’ and ‘composite plan component’ for 11 ‘composite plan’. 12 ‘‘(3) ELIGIBLE TO ACCRUE A BENEFIT.—For 13 purposes of paragraph (1), an employee is consid- 14 ered eligible to accrue a benefit under a composite 15 plan as of the first day in which the employee com- 16 pletes an hour of service under a collective bar- 17 gaining agreement that provides for contributions to 18 and accruals under the composite plan in lieu of ac- 19 cruals under the legacy plan. 20 ‘‘(4) COLLECTIVE BARGAINING AGREEMENT.— 21 As used in this subpart, the term ‘collective bar- 22 gaining agreement’ includes any agreement under 23 which an employer has an obligation to contribute to 24 a plan. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01070 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1071 1 ‘‘(5) OTHER TERMS.—Any term used in this 2 subpart which is not defined in this part and which 3 is also used in section 432 shall have the same 4 meaning provided such term in such section. 5 ‘‘(b) RESTRICTIONS ON ACCEPTANCE BY COMPOSITE 6 PLAN OF AGREEMENTS AND CONTRIBUTIONS.— 7 ‘‘(1) IN GENERAL.—The plan sponsor of a com- 8 posite plan shall not accept or recognize a collective 9 bargaining agreement (or any modification to such 10 agreement), and no contributions may be accepted 11 and no benefits may be accrued or otherwise earned 12 under the agreement— 13 ‘‘(A) in any case in which the plan actuary 14 of any defined benefit plan that would be treat- 15 ed as a legacy plan with respect to such com- 16 posite 17 432(b)(3) that such defined benefit plan is or 18 will be in critical status for the plan year in 19 which such agreement would take effect or for 20 any of the succeeding 5 plan years, and plan has certified under section 21 ‘‘(B) unless the agreement requires each 22 employer who is a party to such agreement, in- 23 cluding employers whose employees are not par- 24 ticipants in the legacy plan, to provide contribu- 25 tions to the legacy plan with respect to such L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01071 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1072 1 composite plan in a manner that satisfies the 2 transition contribution requirements of sub- 3 section (d). 4 ‘‘(2) NOTICE.—Not later than 30 days after a 5 determination by a plan sponsor of a composite plan 6 that an agreement fails to satisfy the requirements 7 described in paragraph (1), the plan sponsor shall 8 provide notification of such failure and the reasons 9 for such determination to— 10 ‘‘(A) the parties to the agreement, 11 ‘‘(B) active participants of the composite 12 plan who have ceased to accrue or otherwise 13 earn benefits with respect to service with an 14 employer pursuant to paragraph (1), and 15 ‘‘(C) the Secretary of Labor, the Secretary 16 of the Treasury, and the Pension Benefit Guar- 17 anty Corporation. 18 ‘‘(3) LIMITATION ON RETROACTIVE EFFECT.— 19 This subsection shall not apply to benefits accrued 20 before the date on which notice is provided under 21 paragraph (2). 22 ‘‘(c) RESTRICTION ON ACCRUAL OF BENEFITS 23 UNDER A COMPOSITE PLAN.— 24 ‘‘(1) IN 25 GENERAL.—In any case in which an employer, under a collective bargaining agreement L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01072 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1073 1 entered into after the date of enactment of the Giv- 2 ing Retirement Options to Workers Act of 2020, 3 ceases to have an obligation to contribute to a multi- 4 employer defined benefit plan, no employees em- 5 ployed by the employer may accrue or otherwise earn 6 benefits under any composite plan, with respect to 7 service with that employer, for a 60-month period 8 beginning on the date on which the employer entered 9 into such collective bargaining agreement. 10 ‘‘(2) NOTICE OF CESSATION OF OBLIGATION.— 11 Within 30 days of determining that an employer has 12 ceased to have an obligation to contribute to a leg- 13 acy plan with respect to employees employed by an 14 employer that is or will be contributing to a com- 15 posite plan with respect to service of such employees, 16 the plan sponsor of the legacy plan shall notify the 17 plan sponsor of the composite plan of that cessation. 18 ‘‘(3) NOTICE OF CESSATION OF ACCRUALS.— 19 Not later than 30 days after determining that an 20 employer has ceased to have an obligation to con- 21 tribute to a legacy plan, the plan sponsor of the 22 composite plan shall notify the bargaining parties, 23 the active participants affected by the cessation of 24 accruals, the Secretary, the Secretary of Labor, and 25 the Pension Benefit Guaranty Corporation of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01073 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1074 1 cessation of accruals, the period during which such 2 cessation is in effect, and the reasons therefor. 3 ‘‘(4) LIMITATION ON RETROACTIVE EFFECT.— 4 This subsection shall not apply to benefits accrued 5 before the date on which notice is provided under 6 paragraph (3). 7 ‘‘(d) TRANSITION CONTRIBUTION REQUIREMENTS.— 8 ‘‘(1) IN 9 GENERAL.—A collective bargaining agreement satisfies the transition contribution re- 10 quirements of this subsection if the agreement— 11 ‘‘(A) authorizes for payment of contribu- 12 tions to a legacy plan at a rate or rates equal 13 to or greater than the transition contribution 14 rate established under paragraph (2), and 15 ‘‘(B) does not provide for— 16 ‘‘(i) a suspension of contributions to 17 the legacy plan with respect to any period 18 of service, or 19 ‘‘(ii) any new direct or indirect exclu- 20 sion of younger or newly hired employees 21 of the employer from being taken into ac- 22 count in determining contributions owed to 23 the legacy plan. 24 ‘‘(2) TRANSITION CONTRIBUTION RATE.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01074 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1075 1 ‘‘(A) IN GENERAL.—The transition con- 2 tribution rate for a plan year is the contribution 3 rate that, as certified by the actuary of the leg- 4 acy plan in accordance with the principles in 5 section 432(b)(3)(B), is reasonably expected to 6 be adequate— 7 ‘‘(i) to fund the normal cost for the 8 plan year, 9 ‘‘(ii) to amortize the plan’s unfunded 10 liabilities in level annual installments over 11 25 years, beginning with the plan year in 12 which the transition contribution rate is 13 first established, and 14 ‘‘(iii) to amortize any subsequent 15 changes in the legacy plan’s unfunded li- 16 ability due to experience gains or losses 17 (including investment gains or losses, gains 18 or losses due to contributions greater or 19 less than the contributions made under the 20 prior transition contribution rate, and 21 other actuarial gains or losses), changes in 22 actuarial assumptions, changes to the leg- 23 acy plan’s benefits, or changes in funding 24 method over a period of 15 plan years be- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01075 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1076 1 ginning with the plan year in which such 2 change in unfunded liability is incurred. 3 The transition contribution rate for any plan 4 year may not be less than the transition con- 5 tribution rate for the plan year in which such 6 rate is first established. 7 ‘‘(B) MULTIPLE RATES.—If different rates 8 of contribution are payable to the legacy plan 9 by different employers or for different classes of 10 employees, the certification shall specify a tran- 11 sition contribution rate for each such employer. 12 ‘‘(C) RATE 13 APPLICABLE TO EMPLOYER.— ‘‘(i) IN GENERAL.—Except as pro- 14 vided by clause (ii), the transition con- 15 tribution rate applicable to an employer for 16 a plan year is the rate in effect for the 17 plan year of the legacy plan that com- 18 mences on or after 180 days before the 19 earlier of— 20 ‘‘(I) the effective date of the col- 21 lective bargaining agreement pursuant 22 to which the employer contributes to 23 the legacy plan, or 24 ‘‘(II) 5 years after the last plan 25 year for which the transition contribu- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01076 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1077 1 tion rate applicable to the employer 2 was established or updated. 3 ‘‘(ii) EXCEPTION.—The transition 4 contribution rate applicable to an employer 5 for the first plan year beginning on or 6 after the commencement of the employer’s 7 obligation to contribute to the composite 8 plan is the rate in effect for the plan year 9 of the legacy plan that commences on or 10 after 180 days before such first plan year. 11 ‘‘(D) EFFECT OF LEGACY PLAN FINANCIAL 12 CIRCUMSTANCES.—If 13 legacy plan has certified under section 432 that 14 the plan is in endangered or critical status for 15 a plan year, the transition contribution rate for 16 the following plan year is the rate determined 17 with respect to the employer under the legacy 18 plan’s funding improvement or rehabilitation 19 plan under section 432, if greater than the rate 20 otherwise determined, but in no event greater 21 than 75 percent of the sum of the contribution 22 rates applicable to the legacy plan and the com- 23 posite plan for the plan year. 24 ‘‘(E) OTHER 25 the plan actuary of the ACTUARIAL AND METHODS.—Except ASSUMPTIONS as provided in sub- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01077 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1078 1 paragraph (A), the determination of the transi- 2 tion contribution rate for a plan year shall be 3 based on actuarial assumptions and methods 4 consistent with the minimum funding deter- 5 minations made under section 431 (or, if appli- 6 cable, section 432) with respect to the legacy 7 plan for the plan year. 8 ‘‘(F) ADJUSTMENTS IN RATE.—The plan 9 sponsor of a legacy plan from time to time may 10 adjust the transition contribution rate or rates 11 applicable to an employer under this paragraph 12 by increasing some rates and decreasing others 13 if the actuary certifies that such adjusted rates 14 in combination will produce projected contribu- 15 tion income for the plan year beginning on or 16 after the date of certification that is not less 17 than would be produced by the transition con- 18 tribution rates in effect at the time of the cer- 19 tification. 20 ‘‘(G) NOTICE OF TRANSITION CONTRIBU- 21 TION RATE.—The 22 shall provide notice to the parties to collective 23 bargaining agreements pursuant to which con- 24 tributions are made to the legacy plan of 25 changes to the transition contribution rate re- plan sponsor of a legacy plan L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01078 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1079 1 quirements at least 30 days before the begin- 2 ning of the plan year for which the rate is effec- 3 tive. 4 ‘‘(H) NOTICE TO COMPOSITE PLAN SPON- 5 SOR.—Not 6 mination by the plan sponsor of a legacy plan 7 that a collective bargaining agreement provides 8 for a rate of contributions that is below the 9 transition contribution rate applicable to one or 10 more employers that are parties to the collective 11 bargaining agreement, the plan sponsor of the 12 legacy plan shall notify the plan sponsor of any 13 composite plan under which employees of such 14 employer would otherwise be eligible to accrue 15 a benefit. 16 ‘‘(3) CORRECTION later than 30 days after a deter- PROCEDURES.—Pursuant to 17 standards prescribed by the Secretary of Labor, the 18 plan sponsor of a composite plan shall adopt rules 19 and procedures that give the parties to the collective 20 bargaining agreement notice of the failure of such 21 agreement to satisfy the transition contribution re- 22 quirements of this subsection, and a reasonable op- 23 portunity to correct such failure, not to exceed 180 24 days from the date of notice given under subsection 25 (b)(2). L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01079 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1080 1 ‘‘(4) SUPPLEMENTAL CONTRIBUTIONS.—A col- 2 lective bargaining agreement may provide for supple- 3 mental contributions to the legacy plan for a plan 4 year in excess of the transition contribution rate de- 5 termined under paragraph (2), regardless of whether 6 the legacy plan is in endangered or critical status for 7 such plan year. 8 ‘‘(e) NONAPPLICATION 9 OF COMPOSITE PLAN RE- STRICTIONS.— 10 ‘‘(1) IN GENERAL.—The provisions of sub- 11 sections (a), (b), and (c) shall not apply with respect 12 to a collective bargaining agreement, to the extent 13 the agreement, or a predecessor agreement, provides 14 or provided for contributions to a defined benefit 15 plan that is a legacy plan, as of the first day of the 16 first plan year following a plan year for which the 17 plan actuary certifies that the plan is fully funded, 18 has been fully funded for at least three out of the 19 immediately preceding 5 plan years, and is projected 20 to remain fully funded for at least the following 4 21 plan years. 22 ‘‘(2) DETERMINATION OF FULLY FUNDED.—A 23 plan is fully funded for purposes of paragraph (1) 24 if, as of the valuation date of the plan for a plan 25 year, the value of the plan’s assets equals or exceeds L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01080 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1081 1 the present value of the plan’s liabilities, determined 2 in accordance with the rules prescribed by the Pen- 3 sion Benefit Guaranty Corporation under sections 4 4219(c)(1)(D) and 4281 of Employee Retirement 5 Income and Security Act for multiemployer plans 6 terminating by mass withdrawal, as in effect for the 7 date of the determination, except the plan’s reason- 8 able assumption regarding the starting date of bene- 9 fits may be used. 10 ‘‘(3) OTHER APPLICABLE RULES.—Except as 11 provided in paragraph (2), actuarial determinations 12 and projections under this section shall be based on 13 the rules in section 432(b)(3) and section 438(b). 14 ‘‘SEC. 440B. MERGERS AND ASSET TRANSFERS OF COM- 15 POSITE PLANS. 16 ‘‘(a) IN GENERAL.—Assets and liabilities of a com- 17 posite plan may only be merged with, or transferred to, 18 another plan if— 19 ‘‘(1) the other plan is a composite plan, 20 ‘‘(2) the plan or plans resulting from the merg- 21 er or transfer is a composite plan, 22 ‘‘(3) no participant’s accrued benefit or adjust- 23 able benefit is lower immediately after the trans- 24 action than it was immediately before the trans- 25 action, and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01081 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1082 1 ‘‘(4) the value of the assets transferred in the 2 case of a transfer reasonably reflects the value of the 3 amounts contributed with respect to the participants 4 whose benefits are being transferred, adjusted for al- 5 locable distributions, investment gains and losses, 6 and administrative expenses. 7 ‘‘(b) LEGACY PLAN.— 8 ‘‘(1) IN GENERAL.—After a merger or transfer 9 involving a composite plan, the legacy plan with re- 10 spect to an employer that is obligated to contribute 11 to the resulting composite plan is the legacy plan 12 that applied to that employer immediately before the 13 merger or transfer. 14 ‘‘(2) MULTIPLE LEGACY PLANS.—If an em- 15 ployer is obligated to contribute to more than one 16 legacy plan with respect to employees eligible to ac- 17 crue benefits under more than one composite plan 18 and there is a merger or transfer of such legacy 19 plans, the transition contribution rate applicable to 20 the legacy plan resulting from the merger or trans- 21 fer with respect to that employer shall be determined 22 in 23 440A(d)(2)(B).’’. 24 accordance with (2) CLERICAL 25 the provisions AMENDMENT.—The of section table of sub- parts for part III of subchapter D of chapter 1 of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01082 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1083 1 the Internal Revenue Code of 1986 is amended by 2 adding at the end the following new item: ‘‘SUBPART C. 3 COMPOSITE PLANS AND LEGACY PLANS’’. (c) EFFECTIVE DATE.—The amendments made by 4 this section shall apply to plan years beginning after the 5 date of the enactment of this Act. 6 SEC. 103. APPLICATION OF CERTAIN REQUIREMENTS TO 7 COMPOSITE PLANS. 8 (a) AMENDMENTS TO THE EMPLOYEE RETIREMENT 9 INCOME SECURITY ACT OF 1974.— 10 (1) TREATMENT FOR PURPOSES OF FUNDING 11 NOTICES.—Section 12 ment Income Security Act of 1974 (29 U.S.C. 13 1021(f)) is amended— 101(f) of the Employee Retire- 14 (A) in paragraph (1) by striking ‘‘title IV 15 applies’’ and inserting ‘‘title IV applies or which 16 is a composite plan’’; and 17 (B) by adding at the end the following: 18 ‘‘(5) APPLICATION TO COMPOSITE PLANS.—The 19 provisions of this subsection shall apply to a com- 20 posite plan only to the extent prescribed by the Sec- 21 retary in regulations that take into account the dif- 22 ferences between a composite plan and a defined 23 benefit plan that is a multiemployer plan.’’. 24 (2) TREATMENT 25 REPORT.—Section FOR PURPOSES OF ANNUAL 103 of the Employee Retirement L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01083 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1084 1 Income Security Act of 1974 (29 U.S.C. 1023) is 2 amended— 3 (A) in subsection (d) by adding at the end 4 the following sentence: ‘‘The provisions of this 5 subsection shall apply to a composite plan only 6 to the extent prescribed by the Secretary in reg- 7 ulations that take into account the differences 8 between a composite plan and a defined benefit 9 plan that is a multiemployer plan.’’; 10 (B) in subsection (f) by adding at the end 11 the following: 12 ‘‘(3) ADDITIONAL 13 POSITE 14 plan— PLANS.—With INFORMATION FOR COM- respect to any composite 15 ‘‘(A) the provisions of paragraph (1)(A) 16 shall apply by substituting ‘current funded ratio 17 and projected funded ratio (as such terms are 18 defined in section 802(a)(2))’ for ‘funded per- 19 centage’ each place it appears; and 20 ‘‘(B) the provisions of paragraph (2) shall 21 apply only to the extent prescribed by the Sec- 22 retary in regulations that take into account the 23 differences between a composite plan and a de- 24 fined benefit plan that is a multiemployer 25 plan.’’; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01084 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1085 1 (C) by adding at the end the following: 2 ‘‘(h) COMPOSITE PLANS.—A multiemployer plan that 3 incorporates the features of a composite plan as provided 4 in section 801(b) shall be treated as a single plan for pur5 poses of the report required by this section, except that 6 separate financial statements and actuarial statements 7 shall be provided under paragraphs (3) and (4) of sub8 section (a) for the defined benefit plan component and for 9 the composite plan component of the multiemployer 10 plan.’’. 11 (3) TREATMENT FOR PURPOSES OF PENSION 12 BENEFIT STATEMENTS.—Section 13 ployee Retirement Income Security Act of 1974 (29 14 U.S.C. 1025(a)) is amended by adding at the end 15 the following: 16 ‘‘(4) COMPOSITE 105(a) of the Em- PLANS.—For purposes of this 17 subsection, a composite plan shall be treated as a 18 defined benefit plan to the extent prescribed by the 19 Secretary in regulations that take into account the 20 differences between a composite plan and a defined 21 benefit plan that is a multiemployer plan.’’. 22 (b) AMENDMENTS 23 CODE OF TO THE INTERNAL REVENUE 1986.—Section 6058 of the Internal Revenue 24 Code of 1986 is amended by redesignating subsection (f) L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01085 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1086 1 as subsection (g) and by inserting after subsection (e) the 2 following: 3 ‘‘(f) COMPOSITE PLANS.—A multiemployer plan that 4 incorporates the features of a composite plan as provided 5 in section 437(b) shall be treated as a single plan for pur6 poses of the return required by this section, except that 7 separate financial statements shall be provided for the de8 fined benefit plan component and for the composite plan 9 component of the multiemployer plan.’’. 10 (c) EFFECTIVE DATE.—The amendments made by 11 this section shall apply to plan years beginning after the 12 date of the enactment of this Act. 13 SEC. 104. TREATMENT OF COMPOSITE PLANS UNDER TITLE 14 IV. 15 (a) DEFINITION.—Section 4001(a) of the Employee 16 Retirement Income Security Act of 1974 (29 U.S.C. 17 1301(a)) is amended by striking the period at the end of 18 paragraph (21) and inserting a semicolon and by adding 19 at the end the following: 20 ‘‘(22) COMPOSITE PLAN.—The term ‘composite 21 plan’ has the meaning set forth in section 801.’’. 22 (b) COMPOSITE PLANS DISREGARDED 23 LATING FOR CALCU- PREMIUMS.—Section 4006(a) of such Act (29 24 U.S.C. 1306(a)) is amended by adding at the end the fol25 lowing: L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01086 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1087 1 ‘‘(9) The composite plan component of a multi- 2 employer plan shall be disregarded in determining 3 the premiums due under this section from the multi- 4 employer plan.’’. 5 (c) COMPOSITE PLANS NOT COVERED.—Section 6 4021(b)(1) of such Act (29 U.S.C. 1321(b)(1)) is amend7 ed by striking ‘‘Act’’ and inserting ‘‘Act, or a composite 8 plan, as defined in paragraph (43) of section 3 of this 9 Act’’. 10 (d) NO WITHDRAWAL LIABILITY.—Section 4201 of 11 such Act (29 U.S.C. 1381) is amended by adding at the 12 end the following: 13 ‘‘(c) Contributions by an employer to the composite 14 plan component of a multiemployer plan shall not be taken 15 into account for any purpose under this title.’’. 16 (e) NO WITHDRAWAL LIABILITY FOR CERTAIN 17 PLANS.—Section 4201 of such Act (29 U.S.C. 1381) is 18 further amended by adding at the end the following: 19 ‘‘(d) Contributions by an employer to a multiem- 20 ployer plan described in the except clause of section 3(35) 21 of this Act pursuant to a collective bargaining agreement 22 that specifically designates that such contributions shall 23 be allocated to the separate defined contribution accounts 24 of participants under the plan shall not be taken into ac25 count with respect to the defined benefit portion of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01087 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1088 1 plan for any purpose under this title (including the deter2 mination of the employer’s highest contribution rate under 3 section 4219), even if, under the terms of the plan, partici4 pants have the option to transfer assets in their separate 5 defined contribution accounts to the defined benefit por6 tion of the plan in return for service credit under the de7 fined benefit portion, at rates established by the plan 8 sponsor. 9 ‘‘(e) A legacy plan created under section 805 shall 10 be deemed to have no unfunded vested benefits for pur11 poses of this part, for each plan year following a period 12 of 5 consecutive plan years for which— 13 ‘‘(1) the plan was fully funded within the mean- 14 ing of section 805 for at least 3 of the plan years 15 during that period, ending with a plan year for 16 which the plan is fully funded; 17 ‘‘(2) the plan had no unfunded vested benefits 18 for at least 3 of the plan years during that period, 19 ending with a plan year for which the plan is fully 20 funded; and 21 ‘‘(3) the plan is projected to be fully funded 22 and to have no unfunded vested benefits for the fol- 23 lowing four plan years.’’. 24 (f) NO WITHDRAWAL LIABILITY 25 CONTRIBUTING TO FOR EMPLOYERS CERTAIN FULLY FUNDED LEGACY L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01088 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1089 1 PLANS.—Section 4211 of such Act (29 U.S.C. 1382) is 2 amended by adding at the end the following: 3 ‘‘(g) No amount of unfunded vested benefits shall be 4 allocated to an employer that has an obligation to con5 tribute to a legacy plan described in subsection (e) of sec6 tion 4201 for each plan year for which such subsection 7 applies.’’. 8 (g) NO OBLIGATION TO CONTRIBUTE.—Section 9 4212 of such Act (29 U.S.C. 1392) is amended by adding 10 at the end the following: 11 ‘‘(d) NO OBLIGATION TO CONTRIBUTE.—An em- 12 ployer shall not be treated as having an obligation to con13 tribute to a multiemployer defined benefit plan within the 14 meaning of subsection (a) solely because— 15 ‘‘(1) in the case of a multiemployer plan that 16 includes a composite plan component, the employer 17 has an obligation to contribute to the composite plan 18 component of the plan; 19 ‘‘(2) the employer has an obligation to con- 20 tribute to a composite plan that is maintained pur- 21 suant to one or more collective bargaining agree- 22 ments under which the multiemployer defined ben- 23 efit plan is or previously was maintained; or 24 ‘‘(3) the employer contributes or has contrib- 25 uted under section 805(d) to a legacy plan associ- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01089 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1090 1 ated with a composite plan pursuant to a collective 2 bargaining agreement but employees of that em- 3 ployer were not eligible to accrue benefits under the 4 legacy plan with respect to service with that em- 5 ployer.’’. 6 (h) NO INFERENCE.—Nothing in the amendment 7 made by subsection (e) shall be construed to create an in8 ference with respect to the treatment under title IV of the 9 Employee Retirement Income Security Act of 1974, as in 10 effect before such amendment, of contributions by an em11 ployer to a multiemployer plan described in the except 12 clause of section 3(35) of such Act that are made before 13 the effective date of subsection (e) specified in subsection 14 (h)(2). 15 (i) EFFECTIVE DATE.— 16 (1) IN GENERAL.—Except as provided in sub- 17 paragraph (2), the amendments made by this section 18 shall apply to plan years beginning after the date of 19 the enactment of this Act. 20 (2) SPECIAL RULE FOR SECTION 414(k) MULTI- 21 EMPLOYER PLANS.—The 22 section (e) shall apply only to required contributions 23 payable for plan years beginning after the date of 24 the enactment of this Act. amendment made by sub- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01090 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1091 1 SEC. 105. CONFORMING CHANGES. 2 (a) DEFINITIONS.—Section 3 of the Employee Re- 3 tirement Income Security Act of 1974 (29 U.S.C. 1002) 4 is amended— 5 (1) in paragraph (35), by inserting ‘‘or a com- 6 posite plan’’ after ‘‘other than an individual account 7 plan’’; and 8 (2) by adding at the end the following: 9 ‘‘(43) The term ‘composite plan’ has the mean- 10 ing given the term in section 801(a).’’. 11 (b) SPECIAL FUNDING RULE FOR CERTAIN LEGACY 12 PLANS.— 13 (1) AMENDMENT TO EMPLOYEE RETIREMENT 14 INCOME SECURITY ACT OF 1974.—Section 15 the Employee Retirement Income Security Act of 16 1974 (29 U.S.C. 1084(b)) is amended by adding at 17 the end the following: 18 ‘‘(9) SPECIAL 304(b) of FUNDING RULE FOR CERTAIN 19 LEGACY PLANS.—In 20 fined benefit plan that has adopted an amendment 21 under section 801(b), in accordance with which no 22 further benefits shall accrue under the multiem- 23 ployer defined benefit plan, the plan sponsor may 24 combine the outstanding balance of all charge and 25 credit bases and amortize that combined base in 26 level annual installments (until fully amortized) over the case of a multiemployer de- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01091 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1092 1 a period of 25 plan years beginning with the plan 2 year following the date all benefit accruals ceased.’’. 3 (2) AMENDMENT TO INTERNAL REVENUE CODE 4 OF 1986.—Section 5 Code of 1986 is amended by adding at the end the 6 following: 7 431(b) of the Internal Revenue ‘‘(9) SPECIAL FUNDING RULE FOR CERTAIN 8 LEGACY PLANS.—In 9 fined benefit plan that has adopted an amendment 10 under section 437(b), in accordance with which no 11 further benefits shall accrue under the multiem- 12 ployer defined benefit plan, the plan sponsor may 13 combine the outstanding balance of all charge and 14 credit bases and amortize that combined base in 15 level annual installments (until fully amortized) over 16 a period of 25 plan years beginning with the plan 17 year following the date on which all benefit accruals 18 ceased.’’. 19 (c) BENEFITS AFTER MERGER, CONSOLIDATION, the case of a multiemployer de- OR 20 TRANSFER OF ASSETS.— 21 (1) AMENDMENT TO EMPLOYEE RETIREMENT 22 INCOME SECURITY ACT OF 1974.—Section 23 Employee Retirement Income Security Act of 1974 24 (29 U.S.C. 1058) is amended— 208 of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01092 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1093 1 (A) by striking so much of the first sen- 2 tence as precedes ‘‘may not merge’’ and insert- 3 ing the following: 4 ‘‘(1) IN GENERAL.—Except as provided in para- 5 graph (2), a pension plan may not merge, and’’; and 6 (B) by striking the second sentence and 7 adding at the end the following: 8 ‘‘(2) SPECIAL 9 REQUIREMENTS FOR MULTIEM- PLOYER PLANS.—Paragraph (1) shall not apply to 10 any transaction to the extent that participants either 11 before or after the transaction are covered under a 12 multiemployer plan to which title IV of this Act ap- 13 plies or a composite plan.’’. 14 (2) AMENDMENTS 15 TO INTERNAL REVENUE CODE OF 1986.— 16 (A) QUALIFICATION REQUIREMENT.—Sec- 17 tion 401(a)(12) of the Internal Revenue Code 18 of 1986 is amended— 19 (i) by striking ‘‘(12) A trust’’ and in- 20 serting the following: 21 ‘‘(12) BENEFITS 22 AFTER MERGER, CONSOLIDA- TION, OR TRANSFER OF ASSETS.— 23 ‘‘(A) IN 24 GENERAL.—Except as provided in subparagraph (B), a trust’’; L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01093 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1094 1 (ii) by striking the second sentence; 2 and 3 (iii) by adding at the end the fol- 4 lowing: 5 ‘‘(B) SPECIAL REQUIREMENTS FOR MULTI- 6 EMPLOYER 7 not apply to any multiemployer plan with re- 8 spect to any transaction to the extent that par- 9 ticipants either before or after the transaction 10 are covered under a multiemployer plan to 11 which title IV of the Employee Retirement In- 12 come Security Act of 1974 applies or a com- 13 posite plan.’’. 14 PLANS.—Subparagraph (B) ADDITIONAL 15 MENT.—Paragraph 16 Code is amended— 17 (A) shall QUALIFICATION REQUIRE- (1) of section 414(l) of such (i) by striking ‘‘(1) IN GENERAL’’ and 18 all that follows through ‘‘shall not con- 19 stitute’’ and inserting the following: 20 ‘‘(1) BENEFIT PROTECTIONS: MERGER, CON- 21 SOLIDATION, TRANSFER.— 22 ‘‘(A) IN GENERAL.—Except as provided in 23 subparagraph (B), a trust which forms a part 24 of a plan shall not constitute’’; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01094 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1095 1 (ii) by striking the second sentence; 2 and 3 (iii) by adding at the end the fol- 4 lowing: 5 ‘‘(B) SPECIAL REQUIREMENTS FOR MULTI- 6 EMPLOYER PLANS.—Subparagraph 7 apply to any multiemployer plan with respect to 8 any transaction to the extent that participants 9 either before or after the transaction are cov- 10 ered under a multiemployer plan to which title 11 IV of the Employee Retirement Income Secu- 12 rity Act of 1974 applies or a composite plan.’’. 13 (d) REQUIREMENTS FOR STATUS AS A (A) does not QUALIFIED 14 PLAN.— 15 (1) REQUIREMENT THAT ACTUARIAL ASSUMP- 16 TIONS BE SPECIFIED.—Section 17 ternal Revenue Code of 1986 is amended by insert- 18 ing ‘‘(in the case of a composite plan, benefits objec- 19 tively calculated pursuant to a formula)’’ after ‘‘defi- 20 nitely determinable benefits’’. 21 (2) MISSING 401(a)(25) of the In- PARTICIPANTS IN TERMINATING 22 COMPOSITE PLAN.—Section 23 nal Revenue Code of 1986 is amended by striking ‘‘, 24 a trust’’ and inserting ‘‘or a composite plan, a 25 trust’’. 401(a)(34) of the Inter- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01095 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1096 1 2 (e) DEDUCTION FIED FOR CONTRIBUTIONS TO A QUALI- PLAN.—Section 404(a)(1) of the Internal Revenue 3 Code of 1986 is amended by redesignating subparagraph 4 (E) as subparagraph (F) and by inserting after subpara5 graph (D) the following: 6 ‘‘(E) COMPOSITE 7 ‘‘(i) IN PLANS.— GENERAL.—In the case of a 8 composite plan, subparagraph (D) shall 9 not apply and the maximum amount de- 10 ductible for a plan year shall be the excess 11 (if any) of— 12 ‘‘(I) 160 percent of the greater 13 of— 14 ‘‘(aa) the current liability of 15 the plan determined in accord- 16 ance with the principles of sec- 17 tion 431(c)(6)(D), or 18 ‘‘(bb) the present value of 19 plan 20 under section 438, over 21 ‘‘(II) the fair market value of the 22 plan’s assets, projected to the end of 23 the plan year. liabilities as determined L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01096 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1097 1 ‘‘(ii) SPECIAL RULES FOR PREDE- 2 CESSOR MULTIEMPLOYER PLAN TO COM- 3 POSITE PLAN.— 4 ‘‘(I) IN GENERAL.—Except as 5 provided in subclause (II), if an em- 6 ployer contributes to a composite plan 7 with respect to its employees, con- 8 tributions by that employer to a mul- 9 tiemployer defined benefit plan with 10 respect to some or all of the same 11 group of employees shall be deductible 12 under sections 162 and this section, 13 subject to the limits in subparagraph 14 (D). 15 ‘‘(II) TRANSITION CONTRIBU- 16 TION.—The 17 tion to satisfy the transition contribu- 18 tion requirement (as defined in sec- 19 tion 440A(d)) and allocated to the 20 legacy defined benefit plan for the 21 plan year shall be deductible for the 22 employer’s taxable year ending with or 23 within the plan year.’’. 24 full amount of a contribu- (f) MINIMUM VESTING STANDARDS.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01097 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1098 1 (1) YEARS 2 OF SERVICE UNDER COMPOSITE PLANS.— 3 (A) EMPLOYEE RETIREMENT INCOME SE- 4 CURITY ACT OF 1974.—Section 5 ployee Retirement Income Security Act of 1974 6 (29 U.S.C. 1053) is amended by inserting after 7 subsection (f) the following: 8 ‘‘(g) SPECIAL RULES FOR 203 of the Em- COMPUTING YEARS OF 9 SERVICE UNDER COMPOSITE PLANS.— 10 ‘‘(1) IN GENERAL.—In determining a qualified 11 employee’s years of service under a composite plan 12 for purposes of this section, the employee’s years of 13 service under a legacy plan shall be treated as years 14 of service earned under the composite plan. For pur- 15 poses of such determination, a composite plan shall 16 not be treated as a defined benefit plan pursuant to 17 section 801(d). 18 ‘‘(2) QUALIFIED EMPLOYEE.—For purposes of 19 this subsection, an employee is a qualified employee 20 if the employee first completes an hour of service 21 under the composite plan (determined without re- 22 gard to the provisions of this subsection) within the 23 12-month period immediately preceding or the 24- 24 month period immediately following the date the em- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01098 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1099 1 ployee ceased to accrue benefits under the legacy 2 plan. 3 ‘‘(3) CERTIFICATION OF YEARS OF SERVICE.— 4 For purposes of paragraph (1), the plan sponsor of 5 the composite plan shall rely on a written certifi- 6 cation by the plan sponsor of the legacy plan of the 7 years of service the qualified employee completed 8 under the defined benefit plan as of the date the em- 9 ployee satisfies the requirements of paragraph (2), 10 disregarding any years of service that had been for- 11 feited under the rules of the defined benefit plan be- 12 fore that date. 13 ‘‘(h) SPECIAL RULES FOR COMPUTING YEARS OF 14 SERVICE UNDER LEGACY PLANS.— 15 ‘‘(1) IN GENERAL.—In determining a qualified 16 employee’s years of service under a legacy plan for 17 purposes of this section, and in addition to any serv- 18 ice under applicable regulations, the employee’s 19 years of service under a composite plan shall be 20 treated as years of service earned under the legacy 21 plan. For purposes of such determination, a com- 22 posite plan shall not be treated as a defined benefit 23 plan pursuant to section 801(d). 24 ‘‘(2) QUALIFIED 25 EMPLOYEE.—For purposes of this subsection, an employee is a qualified employee L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01099 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1100 1 if the employee first completes an hour of service 2 under the composite plan (determined without re- 3 gard to the provisions of this subsection) within the 4 12-month period immediately preceding or the 24- 5 month period immediately following the date the em- 6 ployee ceased to accrue benefits under the legacy 7 plan. 8 ‘‘(3) CERTIFICATION OF YEARS OF SERVICE.— 9 For purposes of paragraph (1), the plan sponsor of 10 the legacy plan shall rely on a written certification 11 by the plan sponsor of the composite plan of the 12 years of service the qualified employee completed 13 under the composite plan after the employee satisfies 14 the requirements of paragraph (2), disregarding any 15 years of service that has been forfeited under the 16 rules of the composite plan.’’. 17 (B) INTERNAL REVENUE CODE OF 1986.— 18 Section 411(a) of the Internal Revenue Code of 19 1986 is amended by adding at the end the fol- 20 lowing: 21 ‘‘(14) 22 SPECIAL RULES FOR DETERMINING YEARS OF SERVICE UNDER COMPOSITE PLANS.— 23 ‘‘(A) IN GENERAL.—In determining a 24 qualified employee’s years of service under a 25 composite plan for purposes of this subsection, L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01100 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1101 1 the employee’s years of service under a legacy 2 plan shall be treated as years of service earned 3 under the composite plan. For purposes of such 4 determination, a composite plan shall not be 5 treated as a defined benefit plan pursuant to 6 section 437(d). 7 ‘‘(B) QUALIFIED EMPLOYEE.—For pur- 8 poses of this paragraph, an employee is a quali- 9 fied employee if the employee first completes an 10 hour of service under the composite plan (deter- 11 mined without regard to the provisions of this 12 paragraph) within the 12-month period imme- 13 diately preceding or the 24-month period imme- 14 diately following the date the employee ceased 15 to accrue benefits under the legacy plan. 16 ‘‘(C) CERTIFICATION OF YEARS OF SERV- 17 ICE.—For 18 plan sponsor of the composite plan shall rely on 19 a written certification by the plan sponsor of 20 the legacy plan of the years of service the quali- 21 fied employee completed under the legacy plan 22 as of the date the employee satisfies the re- 23 quirements of subparagraph (B), disregarding 24 any years of service that had been forfeited purposes of subparagraph (A), the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01101 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1102 1 under the rules of the defined benefit plan be- 2 fore that date. 3 ‘‘(15) SPECIAL 4 RULES FOR COMPUTING YEARS OF SERVICE UNDER LEGACY PLANS.— 5 ‘‘(A) IN GENERAL.—In determining a 6 qualified employee’s years of service under a 7 legacy plan for purposes of this section, and in 8 addition to any service under applicable regula- 9 tions, the employee’s years of service under a 10 composite plan shall be treated as years of serv- 11 ice earned under the legacy plan. For purposes 12 of such determination, a composite plan shall 13 not be treated as a defined benefit plan pursu- 14 ant to section 437(d). 15 ‘‘(B) QUALIFIED EMPLOYEE.—For pur- 16 poses of this paragraph, an employee is a quali- 17 fied employee if the employee first completes an 18 hour of service under the composite plan (deter- 19 mined without regard to the provisions of this 20 paragraph) within the 12-month period imme- 21 diately preceding or the 24-month period imme- 22 diately following the date the employee ceased 23 to accrue benefits under the legacy plan. 24 ‘‘(C) CERTIFICATION 25 ICE.—For OF YEARS OF SERV- purposes of subparagraph (A), the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01102 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1103 1 plan sponsor of the legacy plan shall rely on a 2 written certification by the plan sponsor of the 3 composite plan of the years of service the quali- 4 fied employee completed under the composite 5 plan after the employee satisfies the require- 6 ments of subparagraph (B), disregarding any 7 years of service that has been forfeited under 8 the rules of the composite plan.’’. 9 (2) REDUCTION 10 OF BENEFITS.— (A) EMPLOYEE RETIREMENT INCOME SE- 11 CURITY ACT OF 1974.—Section 12 of the Employee Retirement Income Security 13 Act of 1974 (29 U.S.C. 1053(a)(3)(E)(ii)) is 14 amended— 15 (i) in subclause 203(a)(3)(E)(ii) (I) by striking 16 ‘‘4244A’’ and inserting ‘‘305(e), 803,’’; 17 and 18 (ii) in subclause (II) by striking 19 ‘‘4245’’ and inserting ‘‘305(e), 4245,’’. 20 (B) INTERNAL REVENUE CODE OF 1986.— 21 Section 411(a)(3)(F) of the Internal Revenue 22 Code of 1986 is amended— 23 (i) in clause (i) by striking ‘‘section 24 418D or under section 4281 of the Em- 25 ployee Retirement Income Security Act of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01103 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1104 1 1974’’ and inserting ‘‘section 432(e) or 2 439 or under section 4281 of the Em- 3 ployee Retirement Income Security Act of 4 1974’’; and 5 (ii) in clause (ii) by inserting ‘‘or 6 432(e)’’ after ‘‘section 418E’’. 7 (3) ACCRUED 8 BENEFIT REQUIREMENTS.— (A) EMPLOYEE 9 RETIREMENT INCOME SE- CURITY ACT OF 1974.—Section 204(b)(1)(B)(i) 10 of the Employee Retirement Income Security 11 Act of 1974 (29 U.S.C. 1054(b)(1)(B)(i)) is 12 amended by inserting ‘‘, including an amend- 13 ment reducing or suspending benefits under 14 section 305(e), 803, 4245 or 4281,’’ after ‘‘any 15 amendment to the plan’’. 16 (B) INTERNAL REVENUE CODE OF 1986.— 17 Section 411(b)(1)(B)(i) of the Internal Revenue 18 Code of 1986 is amended by inserting ‘‘, includ- 19 ing an amendment reducing or suspending ben- 20 efits under section 418E, 432(e) or 439, or 21 under section 4281 of the Employee Retirement 22 Income Security Act of 1974,’’ after ‘‘any 23 amendment to the plan’’. 24 (4) ADDITIONAL 25 ACCRUED BENEFIT REQUIRE- MENTS.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01104 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1105 1 RETIREMENT INCOME SE- (A) EMPLOYEE 2 CURITY ACT OF 1974.—Section 3 of the Employee Retirement Income Security 4 Act of 1974 (29 U.S.C. 1053(b)(1)(H)(v)) is 5 amended by inserting before the period at the 6 end the following: ‘‘, or benefits are reduced or 7 suspended under section 305(e), 803, 4245, or 8 4281’’. 9 (B) INTERNAL 204(b)(1)(H)(v) REVENUE CODE OF 1986.— 10 Section 411(b)(1)(H)(iv) of the Internal Rev- 11 enue Code of 1986 is amended— 12 (i) in the heading by striking ‘‘BEN- 13 EFIT’’ 14 SUSPENSION AND REDUCTION OF CERTAIN 15 BENEFITS’’; and inserting ‘‘BENEFIT AND THE and 16 (ii) in the text by inserting before the 17 period at the end the following: ‘‘, or bene- 18 fits are reduced or suspended under sec- 19 tion 418E, 432(e), or 439, or under sec- 20 tion 4281 of the Employee Retirement In- 21 come Security Act of 1974’’. 22 (5) ACCRUED 23 BENEFIT NOT TO BE DECREASED BY AMENDMENT.— 24 (A) EMPLOYEE 25 RETIREMENT INCOME SE- CURITY ACT OF 1974.—Section 204(g)(1) of the L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01105 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1106 1 Employee Retirement Income Security Act of 2 1974 (29 U.S.C. 1053(g)(1)) is amended by in- 3 serting after ‘‘302(d)(2)’’ the following: ‘‘, 4 305(e), 803, 4245,’’. 5 (B) INTERNAL REVENUE CODE OF 1986.— 6 Section 411(d)(6)(A) of the Internal Revenue 7 Code of 1986 is amended by inserting after 8 ‘‘412(d)(2),’’ the following: ‘‘418E, 432(e), or 9 439,’’. 10 (g) CERTAIN FUNDING RULES NOT APPLICABLE.— 11 (1) EMPLOYEE RETIREMENT INCOME SECURITY 12 ACT OF 1974.—Section 13 ment Income Security Act of 1974 (29 U.S.C. 1085) 14 is amended by adding at the end the following: 15 ‘‘(k) LEGACY PLANS.—Sections 302, 304, and 305 305 of the Employee Retire- 16 shall not apply to an employer that has an obligation to 17 contribute to a plan that is a legacy plan within the mean18 ing of section 805(a) solely because the employer has an 19 obligation to contribute to a composite plan described in 20 section 801 that is associated with that legacy plan.’’. 21 (2) INTERNAL REVENUE CODE OF 1986.—Sec- 22 tion 432 of the Internal Revenue Code of 1986 is 23 amended by adding at the end the following: 24 ‘‘(k) LEGACY PLANS.—Sections 412, 431, and 432 25 shall not apply to an employer that has an obligation to L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01106 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1107 1 contribute to a plan that is a legacy plan within the mean2 ing of section 440A(a) solely because the employer has an 3 obligation to contribute to a composite plan described in 4 section 437 that is associated with that legacy plan.’’. 5 (h) TERMINATION OF COMPOSITE PLAN.—Section 6 403(d) of the Employee Retirement Income Security Act 7 of 1974 (29 U.S.C. 1103(d) is amended— 8 (1) in paragraph (1), by striking ‘‘regulations 9 of the Secretary.’’ and inserting ‘‘regulations of the 10 Secretary, or as provided in paragraph (3).’’; and 11 (2) by adding at the end the following: 12 ‘‘(3) Section 4044(a) of this Act shall be ap- 13 plied in the case of the termination of a composite 14 plan by— 15 ‘‘(A) limiting the benefits subject to para- 16 graph (3) thereof to benefits as defined in sec- 17 tion 802(b)(3)(B); and 18 ‘‘(B) including in the benefits subject to 19 paragraph (4) all other benefits (if any) of indi- 20 viduals under the plan that would be guaran- 21 teed under section 4022A if the plan were sub- 22 ject to title IV.’’. 23 24 (i) GOOD FAITH COMPLIANCE PRIOR ANCE.—Where TO GUID- the implementation of any provision of law 25 added or amended by this division is subject to issuance L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01107 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1108 1 of regulations by the Secretary of Labor, the Secretary 2 of the Treasury, or the Pension Benefit Guaranty Cor3 poration, a multiemployer plan shall not be treated as fail4 ing to meet the requirements of any such provision prior 5 to the issuance of final regulations or other guidance to 6 carry out such provision if such plan is operated in accord7 ance with a reasonable, good faith interpretation of such 8 provision. 9 SEC. 106. EFFECTIVE DATE. 10 Unless otherwise specified, the amendments made by 11 this division shall apply to plan years beginning after the 12 date of the enactment of this Act. 13 DIVISION W—OTHER MATTERS 14 SEC. 199991. HOME ENERGY AND WATER SERVICE CON- 15 TINUITY. 16 Any entity receiving financial assistance pursuant to 17 øthis Act¿ shall, to the maximum extent practicable, es18 tablish or maintain in effect policies to ensure that no 19 home energy service or public water system service to an 20 individual or household, which is provided or regulated by 21 such entity, is disconnected or interrupted during the 22 emergency period described in section 1135(g)(1)(B) of 23 the Social Security Act. For purposes of this section, the 24 term ‘‘home energy service’’ means a service to provide 25 home energy, as such term is defined in section 2604 of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01108 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1109 1 the Low-Income Home Energy Assistance Act of 1981, 2 and electric service, as that term is used in the Public 3 Utility Regulatory Policies Act of 1978, and the term 4 ‘‘public water system’’ has the meaning given that term 5 in section 1401 of the Safe Drinking Water Act. Nothing 6 in this section shall be construed to require forgiveness 7 of outstanding debt owed to an entity or to absolve an 8 individual of any obligation to an entity for service. 9 SEC. 199992. LOW-INCOME HOUSEHOLD DRINKING WATER 10 AND WASTEWATER ASSISTANCE. 11 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 12 authorized to be appropriated $1,500,000,000 to the Sec13 retary to carry out this section. Such sums shall remain 14 available until expended. 15 16 (b) LOW-INCOME HOUSEHOLD DRINKING WATER AND WASTEWATER ASSISTANCE.—The Secretary shall 17 make grants to States and Indian Tribes to assist low18 income households, particularly those with the lowest in19 comes, that pay a high proportion of household income 20 for drinking water and wastewater services. 21 (c) USE OF LIHEAP RESOURCES.—In carrying out 22 this section, the Secretary, States, and Indian Tribes, as 23 applicable, shall use the existing processes, procedures, 24 policies, and systems in place to carry out the Low-Income 25 Home Energy Assistance Act of 1981, as the Secretary L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01109 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1110 1 determines appropriate, including by using the application 2 and approval process under such Act to the maximum ex3 tent practicable. 4 (d) ALLOTMENT.— 5 (1) FACTORS.—The Secretary shall allot 6 amounts appropriated pursuant to this section to a 7 State or Indian Tribe taking into account— 8 (A) the percentage of households in the 9 State, or under the jurisdiction of the Indian 10 Tribe, that are low-income, as determined by 11 the Secretary; 12 (B) the average State or Tribal drinking 13 water and wastewater service rates; and 14 (C) the extent to which the State or Indian 15 Tribe has been impacted by the public health 16 emergency. 17 (2) NOTIFICATION TO CONGRESS.—Not later 18 than 15 days after determining an amount to allot 19 to each State or Indian Tribe pursuant to paragraph 20 (1), and prior to making grants under this section, 21 the Secretary shall notify Congress of such allotment 22 amounts. 23 (e) 24 DETERMINATION OF LOW-INCOME HOUSE- HOLDS.— L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01110 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1111 1 (1) MINIMUM DEFINITION OF LOW-INCOME.—In 2 determining whether a household is considered low- 3 income for the purposes of this section, a State or 4 Indian Tribe shall— 5 (A) ensure that, at a minimum, all house- 6 holds within 150 percent of the Federal poverty 7 line are included as low-income households; and 8 (B) consider households that have not pre- 9 viously received assistance under the Low-In- 10 come Home Energy Assistance Act of 1981 in 11 the same manner as households that have pre- 12 viously received such assistance. 13 (2) HOUSEHOLD 14 MENTS.—States DOCUMENTATION REQUIRE- and Indian Tribes shall— 15 (A) to the maximum extent practicable, 16 seek to limit the income history documentation 17 requirements for determining whether a house- 18 hold is considered low-income for the purposes 19 of this section; and 20 (B) for the purposes of income eligibility, 21 accept proof of job loss or severe income loss 22 dated after February 29, 2020, such as a layoff 23 or furlough notice or verification of application 24 of unemployment benefits, as sufficient to dem- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01111 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1112 1 onstrate lack of income for an individual or 2 household. 3 (f) APPLICATIONS.—Each State or Indian Tribe de- 4 siring to receive a grant under this section shall submit 5 an application to the Secretary, in such form as the Sec6 retary shall require. 7 8 (g) STATE AGREEMENTS WITH DRINKING WATER AND WASTEWATER PROVIDERS.—To the maximum extent 9 practicable, a State that receives a grant under this sec10 tion shall enter into agreements with community water 11 systems, municipalities, nonprofit organizations associated 12 with providing drinking water and wastewater services to 13 rural and small communities, and Indian Tribes, to assist 14 in identifying low-income households and to carry out this 15 section. 16 (h) ADMINISTRATIVE COSTS.—A State or Indian 17 Tribe that receives a grant under this section may use up 18 to 15 percent of the granted amounts for administrative 19 costs. 20 (i) FEDERAL AGENCY COORDINATION.—In carrying 21 out this section, the Secretary shall coordinate with the 22 Administrator of the Environmental Protection Agency 23 and consult with other Federal agencies with authority 24 over the provision of drinking water and wastewater serv25 ices. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01112 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1113 1 (j) AUDITS.—The Secretary shall require each State 2 and Indian Tribe receiving a grant under this section to 3 undertake periodic audits and evaluations of expenditures 4 made by such State or Indian Tribe pursuant to this sec5 tion. 6 (k) REPORTS TO CONGRESS.—The Secretary shall 7 submit to Congress a report on the results of activities 8 carried out pursuant to this section— 9 (1) not later than 1 year after the date of en- 10 actment of this section; and 11 (2) upon disbursement of all funds appropriated 12 pursuant to this section. 13 (l) DEFINITIONS.—In this section: 14 (1) COMMUNITY WATER SYSTEM.—The term 15 ‘‘community water system’’ has the meaning given 16 such term in section 1401 of the Safe Drinking 17 Water Act (42 U.S.C. 300f). 18 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 19 means any Indian Tribe, band, group, or community 20 recognized by the Secretary of the Interior and exer- 21 cising governmental authority over a Federal Indian 22 reservation. 23 (3) MUNICIPALITY.—The term ‘‘municipality’’ 24 has the meaning given such term in section 502 of L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01113 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1114 1 the Federal Water Pollution Control Act (33 U.S.C. 2 1362). 3 (4) PUBLIC HEALTH EMERGENCY.—The term 4 ‘‘public health emergency’’ means the public health 5 emergency described in section 1135(g)(1)(B) of the 6 Social Security Act. 7 (5) SECRETARY.—The term ‘‘Secretary’’ means 8 the Secretary of Health and Human Services. 9 (6) STATE.—The term ‘‘State’’ means a State, 10 the District of Columbia, the Commonwealth of 11 Puerto Rico, the Virgin Islands of the United States, 12 Guam, American Samoa, and the Commonwealth of 13 the Northern Mariana Islands. 14 SEC. 199993. DELAY OF STRATEGIC PETROLEUM RESERVE 15 SALE. 16 (a) BIPARTISAN BUDGET ACT OF 2015.—Section 17 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 18 6239 note) is amended— 19 (1) in subsection (e), by striking ‘‘2020’’ and 20 inserting ‘‘2022’’; and 21 (2) in subsection (g), by striking ‘‘2020’’ and 22 inserting ‘‘2022’’. 23 (b) FURTHER CONSOLIDATED APPROPRIATIONS ACT, 24 2020.—Title III of division C of the Further Consolidated 25 Appropriations Act, 2020 (Public Law 116–94) is amend- L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01114 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1115 1 ed in the matter under the heading ‘‘Department of En2 ergy—Energy Programs—Strategic Petroleum Reserve’’ 3 by striking ‘‘Provided, That’’ and all that follows through 4 the period at the end and inserting the following: ‘‘Pro5 vided, That, as authorized by section 404 of the Bipar6 tisan Budget Act of 2015 (Public Law 114–74; 42 U.S.C. 7 6239 note), the Secretary of Energy shall draw down and 8 sell not to exceed a total of $450,000,000 of crude oil from 9 the Strategic Petroleum Reserve in fiscal year 2020, fiscal 10 year 2021, or fiscal year 2022: Provided further, That the 11 proceeds from such drawdown and sale shall be deposited 12 into the ‘Energy Security and Infrastructure Moderniza13 tion Fund’ during the fiscal year in which the sale occurs 14 and shall be made available in such fiscal year, to remain 15 available until expended, for necessary expenses to carry 16 out the Life Extension II project for the Strategic Petro17 leum Reserve.’’. 18 SEC. 199994. EXPANSION OF DOL AUTHORITY TO POSTPONE 19 CERTAIN DEADLINES. 20 Section 518 of the Employee Retirement Income Se- 21 curity Act of 1974 (29 U.S.C. 1148) is amended by strik22 ing ‘‘or a terroristic or military action (as defined in sec23 tion 692(c)(2) of such Code), the Secretary may’’ and in24 serting ‘‘a terroristic or military action (as defined in sec25 tion 692(c)(2) of such Code), or a public health emergency L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01115 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1116 1 declared by the Secretary of Health and Human Services 2 pursuant to section 319 of the Public Health Service Act, 3 the Secretary may’’. 4 SEC. 199995. PROVIDING BUREAU OF THE CENSUS ACCESS 5 TO INSTITUTIONS OF HIGHER EDUCATION. 6 (a) IN GENERAL.—Notwithstanding any other provi- 7 sion of law, including section 444 of the General Edu8 cation Provisions Act (commonly known as the ‘‘Family 9 Educational Rights and Privacy Act of 1974’’), an institu10 tion of higher education may, in furtherance of a full and 11 accurate decennial census of population count, provide to 12 the Bureau of the Census information requested by the 13 Bureau for purposes of enumeration for the 2020 decen14 nial Census. 15 (b) APPLICATION.— 16 (1) INFORMATION.—Only information requested 17 on the official 2020 decennial census of population 18 form may be provided to the Bureau of the Census 19 pursuant to this section. No institution of higher 20 education may provide any information to the Bu- 21 reau on the immigration or citizenship status of any 22 individual. 23 (2) GROUP 24 QUARTERS.—Only students who, ac- cording to guidance from the Bureau, are living in L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01116 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1117 1 group quarters may be included in the data provided 2 to the Bureau under this section. 3 (3) NOTICE REQUIRED.—Before information 4 can be provided to the Bureau, the institution of 5 higher education shall give public notice of the cat- 6 egories of information which it plans to provide and 7 shall allow 10 days after such notice has been given 8 for a parent or student to inform the institution that 9 any or all of the information designated should not 10 be released without the parent or student’s prior 11 consent. No institution of higher education shall pro- 12 vide the Bureau with the information of any indi- 13 vidual who has objected or whose legal guardian has 14 objected to the provision of such information. 15 (4) USE OF INFORMATION.—Information pro- 16 vided to the Bureau pursuant to this section may 17 only be used for the purposes of enumeration for the 18 2020 decennial census of population. 19 (c) SUNSET.—The authority provided in this section 20 shall expire on December 31, 2020. 21 (d) DEFINITIONS.—In this section: 22 (1) GROUP QUARTERS.—The term ‘‘group quar- 23 ters’’ means housing units owned or operated by an 24 institution of higher education. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01117 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1118 1 (2) INSTITUTION OF HIGHER EDUCATION.—The 2 term ‘‘institution of higher education’’ has the 3 meaning given that term in section 102 of the High- 4 er Education Act of 1965 (20 U.S.C. 1002). 5 SEC. 199996. BUDGETARY EFFECTS. 6 (a) STATUTORY PAYGO SCORECARDS.—The budg- 7 etary effects of division B and each succeeding division 8 shall not be entered on either PAYGO scorecard main9 tained pursuant to section 4(d) of the Statutory Pay-As10 You-Go Act of 2010. 11 (b) SENATE PAYGO SCORECARDS.—The budgetary 12 effects of division B and each succeeding division shall not 13 be entered on any PAYGO scorecard maintained for pur14 poses of section 4106 of H. Con. Res. 71 (115th Con15 gress). 16 (c) CLASSIFICATION OF BUDGETARY EFFECTS.— 17 Notwithstanding Rule 3 of the Budget Scorekeeping 18 Guidelines set forth in the joint explanatory statement of 19 the committee of conference accompanying Conference Re20 port 105–217 and section 250(c)(8) of the Balanced 21 Budget and Emergency Deficit Control Act of 1985, the 22 budgetary effects of division B and each succeeding divi23 sion shall not be estimated— 24 (1) for purposes of section 251 of such Act; and L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01118 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3 H:\XML\FY20\SUPP\COVD19\3\COVID19_3.XML 1119 1 (2) for purposes of paragraph (4)(C) of section 2 3 of the Statutory Pay-As-You-Go Act of 2010 as 3 being included in an appropriation Act. L:\VA\032220\A032220.026.xml March 22, 2020 (9:10 p.m.) VerDate Nov 24 2008 21:10 Mar 22, 2020 Jkt 000000 PO 00000 Frm 01119 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\COVID19_3