BAI20215 S.L.C. AMENDMENT NO.llll Calendar No.lll Purpose: Providing emergency assistance and health care response for individuals, families and businesses affected by the 2020 coronavirus pandemic. IN THE SENATE OF THE UNITED STATES—116th Cong., 2d Sess. H. R. 748 To amend the Internal Revenue Code of 1986 to repeal the excise tax on high cost employer-sponsored health coverage. Referred to the Committee on llllllllll and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT IN THE NATURE OF A SUBSTITUTE intended to be proposed by lllllll Viz: 1 Strike all after the enacting clause and insert the fol- 2 lowing: 3 4 SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Coronavirus Aid, Re- 5 lief, and Economic Security Act’’ or the ‘‘CARES Act’’. 6 7 SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. DIVISION A—KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE SYSTEM ENHANCEMENTS, AND ECONOMIC STABILIZATION BAI20215 S.L.C. 2 TITLE I—KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT Sec. Sec. Sec. Sec. Sec. 1101. 1102. 1103. 1104. 1105. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1106. 1107. 1108. 1109. 1110. 1111. 1112. 1113. 1114. Definitions. Paycheck protection program. Entrepreneurial development. State trade expansion program. Waiver of matching funds requirement under the women’s business center program. Loan forgiveness. Direct appropriations. Minority business development agency. United States Treasury Program Management Authority. Emergency EIDL grants. Resources and services in languages other than English. Subsidy for certain loan payments. Bankruptcy. Emergency rulemaking authority. TITLE II—ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND BUSINESSES Subtitle A—Unemployment Insurance Provisions Sec. 2101. Short title. Sec. 2102. Pandemic Unemployment Assistance. Sec. 2103. Emergency unemployment relief for governmental entities and nonprofit organizations. Sec. 2104. Emergency increase in unemployment compensation benefits. Sec. 2105. Temporary full Federal funding of the first week of compensable regular unemployment for States with no waiting week. Sec. 2106. Emergency State staffing flexibility. Sec. 2107. Pandemic emergency unemployment compensation. Sec. 2108. Temporary financing of short-time compensation payments in States with programs in law. Sec. 2109. Temporary financing of short-time compensation agreements. Sec. 2110. Grants for short-time compensation programs. Sec. 2111. Assistance and guidance in implementing programs. Sec. 2112. Waiver of the 7-day waiting period for benefits under the Railroad Unemployment Insurance Act. Sec. 2113. Enhanced benefits under the Railroad Unemployment Insurance Act. Sec. 2114. Extended unemployment benefits under the Railroad Unemployment Insurance Act. Sec. 2115. Funding for the DOL Office of Inspector General for oversight of unemployment provisions. Sec. 2116. Implementation. Subtitle B—Rebates and Other Individual Provisions Sec. 2201. 2020 recovery rebates for individuals. Sec. 2202. Special rules for use of retirement funds. Sec. 2203. Temporary waiver of required minimum distribution rules for certain retirement plans and accounts. Sec. 2204. Allowance of partial above the line deduction for charitable contributions. BAI20215 S.L.C. 3 Sec. 2205. Modification of limitations on charitable contributions during 2020. Sec. 2206. Exclusion for certain employer payments of student loans. Subtitle C—Business Provisions Sec. 2301. Employee retention credit for employers subject to closure due to COVID-19. Sec. 2302. Delay of payment of employer payroll taxes. Sec. 2303. Modifications for net operating losses. Sec. 2304. Modification of limitation on losses for taxpayers other than corporations. Sec. 2305. Modification of credit for prior year minimum tax liability of corporations. Sec. 2306. Modifications of limitation on business interest. Sec. 2307. Technical amendments regarding qualified improvement property. Sec. 2308. Temporary exception from excise tax for alcohol used to produce hand sanitizer. TITLE III—SUPPORTING AMERICA’S HEALTH CARE SYSTEM IN THE FIGHT AGAINST THE CORONAVIRUS Subtitle A—Health Provisions Sec. 3001. Short title. PART I—ADDRESSING SUPPLY SHORTAGES SUBPART A—MEDICAL PRODUCT SUPPLIES Sec. 3101. National Academies report on America’s medical product supply chain security. Sec. 3102. Requiring the strategic national stockpile to include certain types of medical supplies. Sec. 3103. Treatment of respiratory protective devices as covered countermeasures. SUBPART B—MITIGATING EMERGENCY DRUG SHORTAGES Sec. 3111. Prioritize reviews of drug applications; incentives. Sec. 3112. Additional manufacturer reporting requirements in response to drug shortages. SUBPART C—PREVENTING MEDICAL DEVICE SHORTAGES Sec. 3121. Discontinuance or interruption in the production of medical devices. PART II—ACCESS TO HEALTH CARE FOR COVID-19 PATIENTS SUBPART A—COVERAGE OF TESTING AND PREVENTIVE SERVICES Sec. 3201. Coverage of diagnostic testing for COVID-19. Sec. 3202. Pricing of diagnostic testing. Sec. 3203. Rapid coverage of preventive services and vaccines for coronavirus. SUBPART B—SUPPORT FOR HEALTH CARE PROVIDERS Sec. 3211. Supplemental awards for health centers. Sec. 3212. Telehealth network and telehealth resource centers grant programs. BAI20215 S.L.C. 4 Sec. 3213. Rural health care services outreach, rural health network development, and small health care provider quality improvement grant programs. Sec. 3214. United States Public Health Service Modernization. Sec. 3215. Limitation on liability for volunteer health care professionals during COVID-19 emergency response. Sec. 3216. Flexibility for members of National Health Service Corps during emergency period. SUBPART C—MISCELLANEOUS PROVISIONS Sec. 3221. Confidentiality and disclosure of records relating to substance use disorder. Sec. 3222. Nutrition services. Sec. 3223. Continuity of service and opportunities for participants in community service activities under title V of the Older Americans Act of 1965. Sec. 3224. Guidance on protected health information. Sec. 3225. Reauthorization of healthy start program. Sec. 3226. Importance of the blood supply. PART III—INNOVATION Sec. 3301. Removing the cap on OTA during public health emergencies. Sec. 3302. Priority zoonotic animal drugs. PART IV—HEALTH CARE WORKFORCE Sec. Sec. Sec. Sec. 3401. 3402. 3403. 3404. Reauthorization of health professions workforce programs. Health workforce coordination. Education and training relating to geriatrics. Nursing workforce development. Subtitle B—Education Provisions Sec. Sec. Sec. Sec. 3501. 3502. 3503. 3504. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 3505. 3506. 3507. 3508. 3509. 3510. 3511. 3512. 3513. 3514. Sec. Sec. Sec. Sec. Sec. 3515. 3516. 3517. 3518. 3519. Short title. Definitions. Campus-based aid waivers. Use of supplemental educational opportunity grants for emergency aid. Federal work-study during a qualifying emergency. Adjustment of subsidized loan usage limits. Exclusion from Federal Pell Grant duration limit. Institutional refunds and Federal student loan flexibility. Satisfactory academic progress. Continuing education at affected foreign institutions. National emergency educational waivers. HBCU Capital financing. Temporary relief for federal student loan borrowers. Provisions related to the Corporation for National and Community Service. Workforce response activities. Technical amendments. Waiver authority and reporting requirement for institutional aid. Authorized uses and other modifications for grants. Service obligations for teachers. BAI20215 S.L.C. 5 Subtitle C—Labor Provisions Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 3601. 3602. 3603. 3604. 3605. 3606. 3607. 3608. 3609. Limitation on paid leave. Emergency Paid Sick Leave Act Limitation. Unemployment insurance. OMB Waiver of Paid Family and Paid Sick Leave. Paid leave for rehired employees. Advance refunding of credits. Expansion of DOL Authority to postpone certain deadlines. Single-employer plan funding rules. 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. 3610. Federal contractor authority. Sec. 3611. Technical corrections. Subtitle D—Finance Committee Sec. 3701. Exemption for telehealth services. Sec. 3702. Inclusion of certain over-the-counter medical products as qualified medical expenses. Sec. 3703. Increasing Medicare telehealth flexibilities during emergency period. Sec. 3704. Enhancing Medicare telehealth services for Federally qualified health centers and rural health clinics during emergency period. Sec. 3705. Temporary waiver of requirement for face-to-face visits between home dialysis patients and physicians. Sec. 3706. Use of telehealth to conduct face-to-face encounter prior to recertification of eligibility for hospice care during emergency period. Sec. 3707. Encouraging use of telecommunications systems for home health services furnished during emergency period. Sec. 3708. Improving care planning for Medicare home health services. Sec. 3709. Adjustment of sequestration. Sec. 3710. Medicare hospital inpatient prospective payment system add-on payment for COVID–19 patients during emergency period. Sec. 3711. Increasing access to post-acute care during emergency period. Sec. 3712. Revising payment rates for durable medical equipment under the Medicare program through duration of emergency period. Sec. 3713. Coverage of the COVID-19 vaccine under part B of the Medicare program without any cost-sharing. Sec. 3714. Requiring Medicare prescription drug plans and MA–PD plans to allow during the COVID-19 emergency period for fills and refills of covered part D drugs for up to a 3-month supply. Sec. 3715. Providing home and community-based services in acute care hospitals. Sec. 3716. Clarification regarding uninsured individuals. Sec. 3717. Clarification regarding coverage of COVID-19 testing products. Sec. 3718. Amendments relating to reporting requirements with respect to clinical diagnostic laboratory tests. Sec. 3719. Expansion of the Medicare hospital accelerated payment program during the COVID-19 public health emergency. Sec. 3720. Special rules related to temporary increase Medicaid FMAP. Subtitle E—Health and Human Services Extenders BAI20215 S.L.C. 6 PART I—MEDICARE PROVISIONS Sec. 3801. Extension of the work geographic index floor under the Medicare program. Sec. 3802. Extension of funding for quality measure endorsement, input, and selection. Sec. 3803. Extension of funding outreach and assistance for low-income programs. PART II—MEDICAID PROVISIONS Sec. 3811. Extension of the Money Follows the Person rebalancing demonstration program. Sec. 3812. Extension of spousal impoverishment protections. Sec. 3813. Delay of DSH reductions. Sec. 3814. Extension and expansion of Community Mental Health Services demonstration program. PART III—HUMAN SERVICES AND OTHER HEALTH PROGRAMS Sec. 3821. Extension of sexual risk avoidance education program. Sec. 3822. Extension of personal responsibility education program. Sec. 3823. Extension of demonstration projects to address health professions workforce needs. Sec. 3824. Extension of the temporary assistance for needy families program and related programs. PART IV—PUBLIC HEALTH PROVISIONS Sec. 3831. Extension for community health centers, the National Health Service Corps, and teaching health centers that operate GME programs. Sec. 3832. Diabetes programs. PART V—MISCELLANEOUS PROVISIONS Sec. 3841. Prevention of duplicate appropriations for fiscal year 2020. Subtitle F—Over-the-Counter Drugs PART I—OTC DRUG REVIEW Sec. 3851. Regulation of certain nonprescription drugs that are marketed without an approved drug application. Sec. 3852. Misbranding. Sec. 3853. Drugs excluded from the over-the-counter drug review. Sec. 3854. Treatment of Sunscreen Innovation Act. Sec. 3855. Annual update to Congress on appropriate pediatric indication for certain OTC cough and cold drugs. Sec. 3856. Technical corrections. PART II—USER FEES Sec. 3861. Finding. BAI20215 S.L.C. 7 Sec. 3862. Fees relating to over-the-counter drugs. TITLE IV—ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED SECTORS OF THE UNITED STATES ECONOMY Subtitle A—Coronavirus Economic Stabilization Act of 2020 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 4001. 4002. 4003. 4004. 4005. 4006. 4007. 4008. 4009. 4010. 4011. 4012. 4013. 4014. 4015. 4016. 4017. Sec. Sec. Sec. Sec. Sec. Sec. 4018. 4019. 4020. 4021. 4022. 4023. Sec. Sec. Sec. Sec. Sec. 4024. 4025. 4026. 4027. 4028. Short title. Definitions. Emergency relief and taxpayer protections. Limitation on certain employee compensation. Continuation of certain air service. Coordination with Secretary of Transportation. Suspension of certain aviation excise taxes. Debt guarantee authority. Temporary Government in the Sunshine Act relief. Temporary hiring flexibility. Temporary lending limit waiver. Temporary relief for community banks. Temporary relief from troubled debt restructurings. Optional temporary relief from current expected credit losses. Non-applicability of restrictions on ESF during national emergency. Temporary credit union provisions. Increasing access to materials necessary for national security and pandemic recovery. Special inspector general for pandemic recovery. Conflicts of interest. Congressional Oversight Commission. Credit protection during COVID–19. Foreclosure moratorium and consumer right to request forbearance. Forbearance of residential mortgage loan payments for multifamily properties with federally backed loans. Temporary moratorium on eviction filings. Reports. Direct appropriation. Rule of construction. Termination of authority. Subtitle B—Air Carrier Worker Support Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 4111. 4112. 4113. 4114. 4115. 4116. 4117. 4118. 4119. 4120. Definitions. Pandemic relief for aviation workers. Procedures for providing payroll support. Required assurances. Protection of collective bargaining agreement. Limitation on certain employee compensation. Tax payer protection. Reports. Coordination. Direct appropriation. TITLE V—CORONAVIRUS RELIEF FUNDS Sec. 5001. Coronavirus Relief Fund. TITLE VI—MISCELLANEOUS PROVISIONS BAI20215 S.L.C. 8 Sec. 6001. COVID–19 borrowing authority for the United States Postal Service. Sec. 6002. Emergency designation. DIVISION B—EMERGENCY APPROPRIATIONS FOR CORONAVIRUS HEALTH RESPONSE AND AGENCY OPERATIONS 1 SEC. 3. REFERENCES. 2 Except as expressly provided otherwise, any reference 3 to ‘‘this Act’’ contained in any division of this Act shall 4 be treated as referring only to the provisions of that divi5 sion. 13 DIVISION A—KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE SYSTEM ENHANCEMENTS, AND ECONOMIC STABILIZATION TITLE I—KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT 14 SEC. 1101. DEFINITIONS. 15 In this title— 6 7 8 9 10 11 12 16 (1) the terms ‘‘Administration’’ and ‘‘Adminis- 17 trator’’ mean the Small Business Administration 18 and the Administrator thereof, respectively; and 19 (2) the term ‘‘small business concern’’ has the 20 meaning given the term in section 3 of the Small 21 Business Act (15 U.S.C. 636). BAI20215 S.L.C. 9 1 2 SEC. 1102. PAYCHECK PROTECTION PROGRAM. (a) IN GENERAL.—Section 7(a) of the Small Busi- 3 ness Act (15 U.S.C. 636(a)) is amended— 4 (1) in paragraph (2)— 5 (A) in subparagraph (A), in the matter 6 preceding clause (i), by striking ‘‘and (E)’’ and 7 inserting ‘‘(E), and (F)’’; and 8 (B) by adding at the end the following: 9 ‘‘(F) PARTICIPATION IN THE PAYCHECK 10 PROTECTION PROGRAM.—In 11 participate in a loan on a deferred basis under 12 paragraph (36), the participation by the Admin- 13 istration shall be 100 percent.’’; and 14 (2) by adding at the end the following: 15 ‘‘(36) PAYCHECK 16 an agreement to PROTECTION PROGRAM.— ‘‘(A) DEFINITIONS.—In this paragraph— 17 ‘‘(i) the terms ‘appropriate Federal 18 banking agency’ and ‘insured depository 19 institution’ have the meanings given those 20 terms in section 3 of the Federal Deposit 21 Insurance Act (12 U.S.C. 1813); 22 ‘‘(ii) the term ‘covered loan’ means a 23 loan made under this paragraph during the 24 covered period; BAI20215 S.L.C. 10 1 ‘‘(iii) the term ‘covered period’ means 2 the period beginning on February 15, 2020 3 and ending on June 30, 2020; 4 ‘‘(iv) the term ‘eligible recipient’ 5 means an individual or entity that is eligi- 6 ble to receive a covered loan; 7 ‘‘(v) the term ‘eligible self-employed 8 individual’ has the meaning given the term 9 in section 7002(b) of the Families First 10 Coronavirus Response Act (Public Law 11 116–127); 12 ‘‘(vi) the terms ‘insured credit union’ 13 has the meaning given the term in section 14 101 of the Federal Credit Union Act (12 15 U.S.C. 1752); 16 ‘‘(vii) the term ‘nonprofit organiza- 17 tion’ means an organization that is de- 18 scribed in section 501(c)(3) of the Internal 19 Revenue Code of 1986 and that is exempt 20 from taxation under section 501(a) of such 21 Code; 22 23 ‘‘(viii) the term ‘payroll costs’— ‘‘(I) means— BAI20215 S.L.C. 11 1 ‘‘(aa) the sum of payments 2 of any compensation with respect 3 to employees that is a— 4 ‘‘(AA) salary, wage, 5 commission, or similar com- 6 pensation; 7 8 9 ‘‘(BB) payment of cash tip or equivalent; ‘‘(CC) payment for va- 10 cation, 11 medical, or sick leave; 12 13 14 parental, ‘‘(DD) family, allowance for dismissal or separation; ‘‘(EE) payment re- 15 quired for the provisions of 16 group health care benefits, 17 including 18 miums; 19 20 21 insurance pre- ‘‘(FF) payment of any retirement benefit; or ‘‘(GG) payment of 22 State or local tax assessed 23 on the compensation of em- 24 ployees; and BAI20215 S.L.C. 12 1 ‘‘(bb) the sum of payments 2 of any compensation to or income 3 of a sole proprietor or inde- 4 pendent contractor that is a 5 wage, commission, income, net 6 earnings from self-employment, 7 or similar compensation and that 8 is in an amount that is not more 9 than $100,000 in 1 year, as pro- 10 rated for the covered period; and 11 ‘‘(II) shall not include— 12 ‘‘(aa) the compensation of 13 an individual employee in excess 14 of an annual salary of $100,000, 15 as prorated for the covered pe- 16 riod; 17 ‘‘(bb) taxes imposed or with- 18 held under chapters 21, 22, or 24 19 of the Internal Revenue Code of 20 1986 during the covered period; 21 ‘‘(cc) any compensation of 22 an 23 place of residence is outside of 24 the United States; employee whose principal BAI20215 S.L.C. 13 1 ‘‘(dd) qualified sick leave 2 wages for which a credit is al- 3 lowed under section 7001 of the 4 Families First Coronavirus Re- 5 sponse Act (Public Law 116– 6 127); or 7 ‘‘(ee) qualified family leave 8 wages for which a credit is al- 9 lowed under section 7003 of the 10 Families First Coronavirus Re- 11 sponse Act (Public Law 116– 12 127); and 13 ‘‘(ix) the term ‘veterans organization’ 14 means an organization that is described in 15 section 501(c)(19) of the Internal Revenue 16 Code that is exempt from taxation under 17 section 501(a) of such Code. 18 ‘‘(B) PAYCHECK PROTECTION LOANS.— 19 Except as otherwise provided in this paragraph, 20 the Administrator may guarantee covered loans 21 under the same terms, conditions, and processes 22 as a loan made under this subsection. 23 ‘‘(C) REGISTRATION OF LOANS.—Not later 24 than 15 days after the date on which a loan is 25 made under this paragraph, the Administration BAI20215 S.L.C. 14 1 shall register the loan using the TIN (as de- 2 fined in section 7701 of the Internal Revenue 3 Code of 1986) assigned to the borrower. 4 ‘‘(D) INCREASED 5 TAIN 6 TIONS.— 7 SMALL ELIGIBILITY FOR CER- BUSINESSES ‘‘(i) IN AND ORGANIZA- GENERAL.—During the cov- 8 ered period, in addition to small business 9 concerns, any business concern, nonprofit 10 organization, 11 Tribal business concern described in sec- 12 tion 31(b)(2)(C) shall be eligible to receive 13 a covered loan if the business concern, 14 nonprofit organization, veterans organiza- 15 tion, or Tribal business concern employs 16 not more than the greater of— veterans organization, or 17 ‘‘(I) 500 employees; or 18 ‘‘(II) if applicable, the size stand- 19 ard in number of employees estab- 20 lished by the Administration for the 21 industry in which the business con- 22 cern, nonprofit organization, veterans 23 organization, or Tribal business con- 24 cern operates. BAI20215 S.L.C. 15 1 ‘‘(ii) INCLUSION OF PROPRI- SOLE 2 ETORS, INDEPENDENT CONTRACTORS, AND 3 ELIGIBLE 4 UALS.— 5 SELF-EMPLOYED ‘‘(I) IN INDIVID- GENERAL.—During the 6 covered period, individuals who oper- 7 ate under a sole proprietorship or as 8 an independent contractor and eligible 9 self-employed individuals shall be eli- 10 gible to receive a covered loan. 11 ‘‘(II) DOCUMENTATION.—An eli- 12 gible self-employed individual, inde- 13 pendent contractor, or sole proprietor- 14 ship seeking a covered loan shall sub- 15 mit such documentation as is nec- 16 essary to establish such individual as 17 eligible, including payroll tax filings 18 reported to the Internal Revenue 19 Service, Forms 1099–MISC, and in- 20 come and expenses from the sole pro- 21 prietorship, as determined by the Ad- 22 ministrator and the Secretary. 23 ‘‘(iii) BUSINESS CONCERNS WITH 24 MORE THAN 1 PHYSICAL LOCATION.—Dur- 25 ing the covered period, any business con- BAI20215 S.L.C. 16 1 cern that employs not more than 500 em- 2 ployees per physical location of the busi- 3 ness concern and that is assigned a North 4 American Industry Classification System 5 code beginning with 72 at the time of dis- 6 bursal shall be eligible to receive a covered 7 loan. 8 9 ‘‘(iv) WAIVER RULES.—During OF AFFILIATION the covered period, the 10 provisions applicable to affiliations under 11 section 121.103 of title 13, Code of Fed- 12 eral Regulations, or any successor regula- 13 tion, are waived with respect to eligibility 14 for a covered loan for— 15 ‘‘(I) any business concern with 16 not more than 500 employees that, as 17 of the date on which the covered loan 18 is disbursed, is assigned a North 19 American Industry Classification Sys- 20 tem code beginning with 72; 21 ‘‘(II) any business concern oper- 22 ating as a franchise that is assigned a 23 franchise identifier code by the Ad- 24 ministration; and BAI20215 S.L.C. 17 1 ‘‘(III) any business concern that 2 receives financial assistance from a 3 company licensed under section 301 of 4 the Small Business Investment Act of 5 1958 (15 U.S.C. 681). 6 ‘‘(v) EMPLOYEE.—For purposes of de- 7 termining whether a business concern, non- 8 profit organization, veterans organization, 9 or Tribal business concern described in 10 section 31(b)(2)(C) employs not more than 11 500 employees under clause (i)(I), the 12 term ‘employee’ includes individuals em- 13 ployed on a full-time, part-time, or other 14 basis. 15 ‘‘(vi) AFFILIATION.—The provisions 16 applicable to affiliations under section 17 121.103 of title 13, Code of Federal Regu- 18 lations, or any successor thereto, shall 19 apply with respect to a nonprofit organiza- 20 tion and a veterans organization in the 21 same manner as with respect to a small 22 business concern. 23 ‘‘(E) MAXIMUM 24 LOAN AMOUNT.—During the covered period, with respect to a covered BAI20215 S.L.C. 18 1 loan, the maximum loan amount shall be the 2 lesser of— 3 4 5 6 ‘‘(i)(I) the sum of— ‘‘(aa) the product obtained by multiplying— ‘‘(AA) the average total 7 monthly payments by the appli- 8 cant for payroll costs incurred 9 during the 1-year period before 10 the date on which the loan is 11 made, except that, in the case of 12 an applicant that is seasonal em- 13 ployer, as determined by the Ad- 14 ministrator, the average total 15 monthly payments for payroll 16 shall be for the 12-week period 17 beginning February 15, 2019, or 18 at the election of the eligible re- 19 cipient, March 1, 2019, and end- 20 ing June 30, 2019; by 21 ‘‘(BB) 2.5; and 22 ‘‘(bb) the outstanding amount of 23 a loan under subsection (b)(2) that 24 was made during the period beginning 25 on January 31, 2020 and ending on BAI20215 S.L.C. 19 1 the date on which covered loans are 2 made available to be refinanced under 3 the covered loan; or 4 ‘‘(II) if requested by an otherwise eli- 5 gible recipient that was not in business 6 during the period beginning on February 7 15, 2019 and ending on June 30, 2019, 8 the sum of— 9 10 11 ‘‘(aa) the product obtained by multiplying— ‘‘(AA) the average total 12 monthly payments by the appli- 13 cant for payroll costs incurred 14 during the period beginning on 15 January 1, 2020 and ending on 16 February 29, 2020; by 17 ‘‘(BB) 2.5; and 18 ‘‘(bb) the outstanding amount of 19 a loan under subsection (b)(2) that 20 was made during the period beginning 21 on January 31, 2020 and ending on 22 the date on which covered loans are 23 made available to be refinanced under 24 the covered loan; or 25 ‘‘(ii) $10,000,000. BAI20215 S.L.C. 20 1 2 3 ‘‘(F) ALLOWABLE USES OF COVERED LOANS.— ‘‘(i) IN GENERAL.—During the cov- 4 ered period, an eligible recipient may, in 5 addition to the allowable uses of a loan 6 made under this subsection, use the pro- 7 ceeds of the covered loan for— 8 ‘‘(I) payroll costs; 9 ‘‘(II) costs related to the continu- 10 ation of group health care benefits 11 during periods of paid sick, medical, 12 or family leave, and insurance pre- 13 miums; 14 15 ‘‘(III) employee salaries, commissions, or similar compensations; 16 ‘‘(IV) payments of interest on 17 any mortgage obligation (which shall 18 not include any prepayment of or pay- 19 ment of principal on a mortgage obli- 20 gation); 21 22 23 ‘‘(V) rent (including rent under a lease agreement); ‘‘(VI) utilities; and BAI20215 S.L.C. 21 1 ‘‘(VII) interest on any other debt 2 obligations that were incurred before 3 the covered period. 4 ‘‘(ii) DELEGATED 5 ‘‘(I) IN AUTHORITY.— GENERAL.—For purposes 6 of making covered loans for the pur- 7 poses described in clause (i), a lender 8 approved to make loans under this 9 subsection shall be deemed to have 10 been delegated authority by the Ad- 11 ministrator to make and approve cov- 12 ered loans, subject to the provisions of 13 this paragraph. 14 ‘‘(II) CONSIDERATIONS.—In eval- 15 uating the eligibility of a borrower for 16 a covered loan with the terms de- 17 scribed in this paragraph, a lender 18 shall consider whether the borrower— 19 ‘‘(aa) was in operation on 20 21 February 15, 2020; and ‘‘(bb)(AA) had employees 22 for whom the borrower paid sala- 23 ries and payroll taxes; or BAI20215 S.L.C. 22 1 ‘‘(BB) paid independent 2 contractors, as reported on a 3 Form 1099–MISC. 4 ‘‘(iii) ADDITIONAL LENDERS.—The 5 authority to make loans under this para- 6 graph shall be extended to additional lend- 7 ers determined by the Administrator and 8 the Secretary of the Treasury to have the 9 necessary qualifications to process, close, 10 disburse and service loans made with the 11 guarantee of the Administration. 12 ‘‘(iv) REFINANCE.—A loan made 13 under subsection (b)(2) during the period 14 beginning on January 31, 2020 and ending 15 on the date on which covered loans are 16 made available may be refinanced as part 17 of a covered loan. 18 ‘‘(v) NONRECOURSE.—Notwith- 19 standing the waiver of the personal guar- 20 antee requirement or collateral under sub- 21 paragraph (J), the Administrator shall 22 have no recourse against any individual 23 shareholder, member, or partner of an eli- 24 gible recipient of a covered loan for non- 25 payment of any covered loan, except to the BAI20215 S.L.C. 23 1 extent that such shareholder, member, or 2 partner uses the covered loan proceeds for 3 a purpose not authorized under clause (i). 4 ‘‘(G) BORROWER REQUIREMENTS.— 5 ‘‘(i) CERTIFICATION.—An eligible re- 6 cipient applying for a covered loan shall 7 make a good faith certification— 8 ‘‘(I) that the uncertainty of cur- 9 rent economic conditions makes nec- 10 essary the loan request to support the 11 ongoing operations of the eligible re- 12 cipient; 13 ‘‘(II) acknowledging that funds 14 will be used to retain workers and 15 maintain payroll or make mortgage 16 payments, lease payments, and utility 17 payments; 18 ‘‘(III) that the eligible recipient 19 does not have an application pending 20 for a loan under this subsection for 21 the same purpose and duplicative of 22 amounts applied for or received under 23 a covered loan; and 24 ‘‘(IV) during the period begin- 25 ning on February 15, 2020 and end- BAI20215 S.L.C. 24 1 ing on December 31, 2020, that the 2 eligible recipient has not received 3 amounts under this subsection for the 4 same 5 amounts applied for or received under 6 a covered loan. 7 8 ‘‘(H) FEE purpose and duplicative WAIVER.—During of the covered period, with respect to a covered loan— 9 ‘‘(i) in lieu of the fee otherwise appli- 10 cable under paragraph (23)(A), the Ad- 11 ministrator shall collect no fee; and 12 ‘‘(ii) in lieu of the fee otherwise appli- 13 cable under paragraph (18)(A), the Ad- 14 ministrator shall collect no fee. 15 ‘‘(I) CREDIT ELSEWHERE.—During the 16 covered period, the requirement that a small 17 business concern is unable to obtain credit else- 18 where, as defined in section 3(h), shall not 19 apply to a covered loan. 20 ‘‘(J) WAIVER OF PERSONAL GUARANTEE 21 REQUIREMENT.—During 22 with respect to a covered loan— 23 24 the covered period, ‘‘(i) no personal guarantee shall be required for the covered loan; and BAI20215 S.L.C. 25 1 ‘‘(ii) no collateral shall be required for 2 the covered loan. 3 ‘‘(K) MATURITY FOR LOANS WITH RE- 4 MAINING 5 FORGIVENESS.—With 6 that has a remaining balance after reduction 7 based on the loan forgiveness amount under 8 section 1106 of the CARES Act— BALANCE AFTER APPLICATION OF respect to a covered loan 9 ‘‘(i) the remaining balance shall con- 10 tinue to be guaranteed by the Administra- 11 tion under this subsection; and 12 ‘‘(ii) the covered loan shall have a 13 maximum maturity of 10 years from the 14 date on which the borrower applies for 15 loan forgiveness under that section. 16 ‘‘(L) INTEREST RATE REQUIREMENTS.— 17 During the covered period, a covered loan shall 18 bear an interest rate not to exceed 4 percent. 19 20 21 22 ‘‘(M) LOAN DEFERMENT.— ‘‘(i) DEFINITION OF IMPACTED BOR- ROWER.— ‘‘(I) IN GENERAL.—In this sub- 23 paragraph, the term ‘impacted bor- 24 rower’ means an eligible recipient 25 that— BAI20215 S.L.C. 26 1 ‘‘(aa) is in operation on 2 February 15, 2020; and 3 ‘‘(bb) has an application for 4 a covered loan that is approved 5 or pending approval on or after 6 the date of enactment of this 7 paragraph. 8 ‘‘(II) PRESUMPTION.—For pur- 9 poses of this subparagraph, an im- 10 pacted borrower is presumed to have 11 been adversely impacted by COVID– 12 19. 13 ‘‘(ii) DEFERRAL.—During the covered 14 period, the Administrator shall— 15 ‘‘(I) consider each eligible recipi- 16 ent that applies for a covered loan to 17 be an impacted borrower; and 18 ‘‘(II) require lenders under this 19 subsection to provide complete pay- 20 ment deferment relief for impacted 21 borrowers with covered loans for a pe- 22 riod of not less than 6 months, includ- 23 ing payment of principal, interest, and 24 fees, and not more than 1 year. BAI20215 S.L.C. 27 1 ‘‘(iii) SECONDARY MARKET.—During 2 the covered period, with respect to a cov- 3 ered loan that is sold on the secondary 4 market, if an investor declines to approve 5 a deferral requested by a lender under 6 clause (ii), the Administrator shall exercise 7 the authority to purchase the loan so that 8 the impacted borrower may receive a defer- 9 ral for a period of not less than 6 months, 10 including payment of principal, interest, 11 and fees, and not more than 1 year. 12 ‘‘(iv) GUIDANCE.—Not later than 30 13 days after the date of enactment of this 14 paragraph, the Administrator shall provide 15 guidance to lenders under this paragraph 16 on the deferment process described in this 17 subparagraph. 18 ‘‘(N) SECONDARY MARKET SALES.—A cov- 19 ered loan shall be eligible to be sold in the sec- 20 ondary market consistent with this subsection. 21 The Administrator may not collect any fee for 22 any guarantee sold into the secondary market 23 under this subparagraph. 24 ‘‘(O) 25 MENTS.— REGULATORY CAPITAL REQUIRE- BAI20215 S.L.C. 28 1 ‘‘(i) RISK WEIGHT.—With respect to 2 the appropriate Federal banking agencies 3 or the National Credit Union Administra- 4 tion Board applying capital requirements 5 under their respective risk-based capital re- 6 quirements, a covered loan shall receive a 7 risk weight of zero percent. 8 ‘‘(ii) TEMPORARY 9 RELIEF FROM TDR DISCLOSURES.—Notwithstanding any other 10 provision of law, an insured depository in- 11 stitution or an insured credit union that 12 modifies a covered loan in relation to 13 COVID–19-related difficulties in a trou- 14 bled debt restructuring on or after March 15 13, 2020, shall not be required to comply 16 with the Financial Accounting Standards 17 Board Accounting Standards Codification 18 Subtopic 310-40 (‘Receivables – Troubled 19 Debt Restructurings by Creditors’) for 20 purposes of compliance with the require- 21 ments of the Federal Deposit Insurance 22 Act (12 U.S.C. 1811 et seq.), until such 23 time and under such circumstances as the 24 appropriate Federal banking agency or the 25 National Credit Union Administration BAI20215 S.L.C. 29 1 Board, as applicable, determines appro- 2 priate. 3 ‘‘(P) 4 5 REIMBURSEMENT FOR PROC- ESSING.— ‘‘(i) IN GENERAL.—The Administrator 6 shall reimburse a lender authorized to 7 make a covered loan at a rate, based on 8 the balance of the financing outstanding at 9 the time of disbursement of the covered 10 loan, of— 11 12 ‘‘(I) 5 percent for loans of not more than $350,000; 13 ‘‘(II) 3 percent for loans of more 14 than 15 $2,000,000; and 16 $350,000 and less than ‘‘(III) 1 percent for loans of not 17 less than $2,000,000. 18 ‘‘(ii) FEE LIMITS.—An agent that as- 19 sists an eligible recipient to prepare an ap- 20 plication for a covered loan may not collect 21 a fee in excess of the limits established by 22 the Administrator. 23 ‘‘(iii) TIMING.—A reimbursement de- 24 scribed in clause (i) shall be made not later BAI20215 S.L.C. 30 1 than 5 days after the disbursement of the 2 covered loan. 3 ‘‘(iv) SENSE OF THE SENATE.—It is 4 the sense of the Senate that the Adminis- 5 trator should issue guidance to lenders and 6 agents to ensure that the processing and 7 disbursement of covered loans prioritizes 8 small business concerns and entities in un- 9 derserved and rural markets, including vet- 10 erans and members of the military commu- 11 nity, small business concerns owned and 12 controlled by socially and economically dis- 13 advantaged individuals (as defined in sec- 14 tion 8(d)(3)(C)), women, and businesses in 15 operation for less than 2 years. 16 ‘‘(Q) DUPLICATION.—Nothing in this 17 paragraph shall prohibit a recipient of an eco- 18 nomic injury disaster loan made under sub- 19 section (b)(2) during the period beginning on 20 January 31, 2020 and ending on the date on 21 which covered loans are made available that is 22 for a purpose other than paying payroll costs 23 and other obligations described in subparagraph 24 (F) from receiving assistance under this para- 25 graph. BAI20215 S.L.C. 31 1 ‘‘(R) WAIVER OF PREPAYMENT PEN- 2 ALTY.—Notwithstanding 3 law, there shall be no prepayment penalty for 4 any payment made on a covered loan.’’. 5 any other provision of (b) COMMITMENTS FOR 7(A) LOANS.—During the pe- 6 riod beginning on February 15, 2020 and ending on June 7 30, 2020— 8 (1) the amount authorized for commitments for 9 general business loans authorized under section 7(a) 10 of the Small Business Act (15 U.S.C. 636(a)), in- 11 cluding loans made under paragraph (36) of such 12 section, as added by subsection (a), shall be 13 $349,000,000,000; and 14 (2) the amount authorized for commitments for 15 such loans under the heading ‘‘BUSINESS 16 PROGRAM ACCOUNT’’ 17 BUSINESS ADMINISTRATION’’ under title V of the 18 Consolidated Appropriations Act, 2020 (Public Law 19 116–93; 133 Stat. 2475) shall not apply. 20 (c) EXPRESS LOANS.— 21 (1) IN LOANS under the heading ‘‘SMALL GENERAL.—Section 7(a)(31)(D) of the 22 Small Business Act (15 U.S.C. 636(a)(31)(D)) is 23 amended by striking ‘‘$350,000’’ and inserting 24 ‘‘$1,000,000’’. BAI20215 S.L.C. 32 1 (2) PROSPECTIVE REPEAL.—Effective on Janu- 2 ary 1, 2021, section 7(a)(31)(D) of the Small Busi- 3 ness Act (15 U.S.C. 636(a)(31)(D)) is amended by 4 striking ‘‘$1,000,000’’ and inserting ‘‘$350,000’’. 5 (d) EXCEPTION TO GUARANTEE FEE WAIVER FOR 6 VETERANS.—Section 7(a)(31)(G) of the Small Business 7 Act (15 U.S.C. 636(a)(31)(G)) is amended— 8 (1) by striking clause (ii); and 9 (2) by redesignating clause (iii) as clause (ii). 10 (e) INTERIM RULE.—On and after the date of enact- 11 ment of this Act, the interim final rule published by the 12 Administrator entitled ‘‘Express Loan Programs: Affili13 ation Standards’’ (85 Fed. Reg. 7622 (February 10, 14 2020)) is permanently rescinded and shall have no force 15 or effect. 16 SEC. 1103. ENTREPRENEURIAL DEVELOPMENT. 17 (a) DEFINITIONS.—In this section— 18 (1) the term ‘‘covered small business concern’’ 19 means a small business concern that has experi- 20 enced, as a result of COVID–19— 21 22 (A) supply chain disruptions, including changes in— 23 (i) quantity and lead time, including 24 the number of shipments of components 25 and delays in shipments; BAI20215 S.L.C. 33 1 (ii) quality, including shortages in 2 supply for quality control reasons; and 3 (iii) technology, including a com- 4 promised payment network; 5 (B) staffing challenges; 6 (C) a decrease in gross receipts or cus- 7 tomers; or 8 (D) a closure; 9 (2) the term ‘‘resource partner’’ means— 10 (A) a small business development center; 11 and 12 (B) a women’s business center; 13 (3) the term ‘‘small business development cen- 14 ter’’ has the meaning given the term in section 3 of 15 the Small Business Act (15 U.S.C. 632); and 16 (4) the term ‘‘women’s business center’’ means 17 a women’s business center described in section 29 of 18 the Small Business Act (15 U.S.C. 656). 19 (b) EDUCATION, TRAINING, AND ADVISING 20 GRANTS.— 21 (1) IN GENERAL.—The Administration may 22 provide financial assistance in the form of grants to 23 resource partners to provide education, training, and 24 advising to covered small business concerns. BAI20215 S.L.C. 34 1 (2) USE OF FUNDS.—Grants under this sub- 2 section shall be used for the education, training, and 3 advising of covered small business concerns and 4 their employees on— 5 (A) accessing and applying for resources 6 provided by the Administration and other Fed- 7 eral resources relating to access to capital and 8 business resiliency; 9 (B) the hazards and prevention of the 10 transmission and communication of COVID–19 11 and other communicable diseases; 12 (C) the potential effects of COVID–19 on 13 the supply chains, distribution, and sale of 14 products of covered small business concerns and 15 the mitigation of those effects; 16 (D) the management and practice of 17 telework to reduce possible transmission of 18 COVID–19; 19 (E) the management and practice of re- 20 mote customer service by electronic or other 21 means; 22 (F) the risks of and mitigation of cyber 23 threats in remote customer service or telework 24 practices; BAI20215 S.L.C. 35 1 (G) the mitigation of the effects of reduced 2 travel or outside activities on covered small 3 business concerns during COVID–19 or similar 4 occurrences; and 5 (H) any other relevant business practices 6 necessary to mitigate the economic effects of 7 COVID–19 or similar occurrences. 8 (3) GRANT 9 DETERMINATION.— (A) SMALL BUSINESS DEVELOPMENT CEN- 10 TERS.—The 11 cent of funds authorized to carry out this sub- 12 section to small business development centers, 13 which shall be awarded pursuant to a formula 14 jointly developed, negotiated, and agreed upon, 15 with full participation of both parties, between 16 the 17 21(a)(3)(A) of the Small Business Act (15 18 U.S.C. 648(a)(3)(A)) and the Administration. 19 Administration shall award 80 per- association (B) WOMEN’S formed under section BUSINESS CENTERS.—The 20 Administration shall award 20 percent of funds 21 authorized to carry out this subsection to wom- 22 en’s business centers, which shall be awarded 23 pursuant to a process established by the Ad- 24 ministration in consultation with recipients of 25 assistance. BAI20215 S.L.C. 36 1 (C) NO MATCHING FUNDS REQUIRED.— 2 Matching funds shall not be required for any 3 grant under this subsection. 4 (4) GOALS 5 AND METRICS.— (A) IN GENERAL.—Goals and metrics for 6 the funds made available under this subsection 7 shall be jointly developed, negotiated, and 8 agreed upon, with full participation of both par- 9 ties, between the resource partners and the Ad- 10 ministrator, which shall— 11 (i) take into consideration the extent 12 of the circumstances relating to the spread 13 of COVID–19, or similar occurrences, that 14 affect covered small business concerns lo- 15 cated in the areas covered by the resource 16 partner, particularly in rural areas or eco- 17 nomically distressed areas; 18 (ii) generally follow the use of funds 19 outlined in paragraph (2), but shall not re- 20 strict the activities of resource partners in 21 responding to unique situations; and 22 (iii) encourage resource partners to 23 develop and provide services to covered 24 small business concerns. BAI20215 S.L.C. 37 1 (B) PUBLIC AVAILABILITY.—The Adminis- 2 trator shall make publicly available the method- 3 ology by which the Administrator and resource 4 partners jointly develop the metrics and goals 5 described in subparagraph (A). 6 7 (c) RESOURCE PARTNER ASSOCIATION GRANTS.— (1) IN GENERAL.—The Administrator may pro- 8 vide grants to an association or associations rep- 9 resenting resource partners under which the associa- 10 tion or associations shall establish a single central- 11 ized hub for COVID–19 information, which shall in- 12 clude— 13 (A) 1 online platform that consolidates re- 14 sources and information available across mul- 15 tiple Federal agencies for small business con- 16 cerns related to COVID–19; and 17 (B) a training program to educate resource 18 partner counselors, members of the Service 19 Corps of Retired Executives established under 20 section 8(b)(1)(B) of the Small Business Act 21 (15 U.S.C. 637(b)(1)(B)), and counselors at 22 veterans business outreach centers described in 23 section 32 of the Small Business Act (15 24 U.S.C. 657b) on the resources and information 25 described in subparagraph (A). BAI20215 S.L.C. 38 1 (2) GOALS AND METRICS.—Goals and metrics 2 for the funds made available under this subsection 3 shall be jointly developed, negotiated, and agreed 4 upon, with full participation of both parties, between 5 the association or associations receiving a grant 6 under this subsection and the Administrator. 7 (d) REPORT.—Not later than 6 months after the date 8 of enactment of this Act, and annually thereafter, the Ad9 ministrator shall submit to the Committee on Small Busi10 ness and Entrepreneurship of the Senate and the Com11 mittee on Small Business of the House of Representatives 12 a report that describes— 13 14 (1) with respect to the initial year covered by the report— 15 (A) the programs and services developed 16 and provided by the Administration and re- 17 source partners under subsection (b); 18 19 (B) the initial efforts to provide those services under subsection (b); and 20 (C) the online platform and training devel- 21 oped and provided by the Administration and 22 the association or associations under subsection 23 (c); and 24 (2) with respect to the subsequent years covered 25 by the report— BAI20215 S.L.C. 39 1 2 (A) with respect to the grant program under subsection (b)— 3 (i) the efforts of the Administrator 4 and resource partners to develop services 5 to assist covered small business concerns; 6 (ii) the challenges faced by owners of 7 covered small business concerns in access- 8 ing services provided by the Administration 9 and resource partners; 10 (iii) the number of unique covered 11 small business concerns that were served 12 by the Administration and resource part- 13 ners; and 14 (iv) other relevant outcome perform- 15 ance data with respect to covered small 16 business concerns, including the number of 17 employees affected, the effect on sales, the 18 disruptions of supply chains, and the ef- 19 forts made by the Administration and re- 20 source partners to mitigate these effects; 21 and 22 (B) with respect to the grant program 23 under subsection (c)— 24 (i) the efforts of the Administrator 25 and the association or associations to de- BAI20215 S.L.C. 40 1 velop and evolve an online resource for 2 small business concerns; and 3 (ii) the efforts of the Administrator 4 and the association or associations to de- 5 velop a training program for resource part- 6 ner counselors, including the number of 7 counselors trained. 8 9 SEC. 1104. STATE TRADE EXPANSION PROGRAM. (a) IN GENERAL.—Notwithstanding paragraph 10 (3)(C)(iii) of section 22(l) of the Small Business Act (15 11 U.S.C. 649(l)), for grants under the State Trade Expan12 sion Program under such section 22(l) using amounts 13 made available for fiscal year 2018 or fiscal year 2019, 14 the period of the grant shall continue through the end of 15 fiscal year 2021. 16 (b) REIMBURSEMENT.—The Administrator shall re- 17 imburse any recipient of assistance under section 22(l) of 18 the Small Business Act (15 U.S.C. 649(l)) for financial 19 losses relating to a foreign trade mission or a trade show 20 exhibition that was cancelled solely due to a public health 21 emergency declared due to COVID–19 if the reimburse22 ment does not exceed a recipient’s grant funding. BAI20215 S.L.C. 41 1 SEC. 1105. WAIVER OF MATCHING FUNDS REQUIREMENT 2 UNDER THE WOMEN’S BUSINESS CENTER 3 PROGRAM. 4 During the 3-month period beginning on the date of 5 enactment of this Act, the requirement relating to obtain6 ing cash contributions from non-Federal sources under 7 section 29(c)(1) of the Small Business Act (15 U.S.C. 8 656(c)(1)) is waived for any recipient of assistance under 9 such section 29. 10 11 SEC. 1106. LOAN FORGIVENESS. (a) DEFINITIONS.—In this section— 12 (1) the term ‘‘covered loan’’ means a loan guar- 13 anteed under paragraph (36) of section 7(a) of the 14 Small Business Act (15 U.S.C. 636(a)), as added by 15 section 1102; 16 (2) the term ‘‘covered mortgage obligation’’ 17 means any indebtedness or debt instrument incurred 18 in the ordinary course of business that— 19 (A) is a liability of the borrower; 20 (B) is a mortgage on real or personal 21 22 property; and (C) was incurred before February 15, 23 2020; 24 (3) the term ‘‘covered period’’ means the 8- 25 week period beginning on date of the origination of 26 a covered loan; BAI20215 S.L.C. 42 1 (4) the term ‘‘covered rent obligation’’ means 2 rent obligated under a leasing agreement in force be- 3 fore February 15, 2020; 4 (5) the term ‘‘covered utility payment’’ means 5 payment for a service for the distribution of elec- 6 tricity, gas, water, transportation, telephone, or 7 internet access for which service began before Feb- 8 ruary 15, 2020; 9 10 (6) the term ‘‘eligible recipient’’ means the recipient of a covered loan; 11 (7) the term ‘‘expected forgiveness amount’’ 12 means the amount of principal that a lender reason- 13 ably expects a borrower to expend during the cov- 14 ered period on the sum of any— 15 (A) payroll costs; 16 (B) payments of interest on any covered 17 mortgage obligation (which shall not include 18 any prepayment of or payment of principal on 19 a covered mortgage obligation); 20 21 22 (C) payments on any covered rent obligation; and (D) covered utility payments; and 23 (8) the term ‘‘payroll costs’’ has the meaning 24 given that term in paragraph (36) of section 7(a) of BAI20215 S.L.C. 43 1 the Small Business Act (15 U.S.C. 636(a)), as 2 added by section 1102 of this Act. 3 (b) FORGIVENESS.—An eligible recipient shall be eli- 4 gible for forgiveness of indebtedness on a covered loan in 5 an amount equal to the sum of the following costs incurred 6 and payments made during the covered period: 7 (1) Payroll costs. 8 (2) Any payment of interest on any covered 9 mortgage obligation (which shall not include any 10 prepayment of or payment of principal on a covered 11 mortgage obligation). 12 13 14 15 16 (3) Any payment on any covered rent obligation. (4) Any covered utility payment. (c) TREATMENT OF AMOUNTS FORGIVEN.— (1) IN GENERAL.—Amounts which have been 17 forgiven under this section shall be considered can- 18 celed indebtedness by a lender authorized under sec- 19 tion 7(a) of the Small Business Act (15 U.S.C. 20 636(a)). 21 (2) PURCHASE OF GUARANTEES.—For purposes 22 of the purchase of the guarantee for a covered loan 23 by the Administrator, amounts which are forgiven 24 under this section shall be treated in accordance 25 with the procedures that are otherwise applicable to BAI20215 S.L.C. 44 1 a loan guaranteed under section 7(a) of the Small 2 Business Act (15 U.S.C. 636(a)). 3 (3) REMITTANCE.—Not later than 90 days 4 after the date on which the amount of forgiveness 5 under this section is determined, the Administrator 6 shall remit to the lender an amount equal to the 7 amount of forgiveness, plus any interest accrued 8 through the date of payment. 9 (4) ADVANCE PURCHASE OF COVERED LOAN.— 10 (A) REPORT.—A lender authorized under 11 section 7(a) of the Small Business Act (15 12 U.S.C. 636(a)), or, at the discretion of the Ad- 13 ministrator, a third party participant in the sec- 14 ondary market, may, report to the Adminis- 15 trator an expected forgiveness amount on a cov- 16 ered loan or on a pool of covered loans of up 17 to 100 percent of the principal on the covered 18 loan or pool of covered loans, respectively. 19 (B) PURCHASE.—The Administrator shall 20 purchase the expected forgiveness amount de- 21 scribed in subparagraph (A) as if the amount 22 were the principal amount of a loan guaranteed 23 under section 7(a) of the Small Business Act 24 636(a)). BAI20215 S.L.C. 45 1 (C) TIMING.—Not later than 15 days after 2 the date on which the Administrator receives a 3 report under subparagraph (A), the Adminis- 4 trator shall purchase the expected forgiveness 5 amount under subparagraph (B) with respect to 6 each covered loan to which the report relates. 7 (d) LIMITS ON AMOUNT OF FORGIVENESS.— 8 (1) AMOUNT MAY NOT EXCEED PRINCIPAL.— 9 The amount of loan forgiveness under this section 10 shall not exceed the principal amount of the financ- 11 ing made available under the applicable covered 12 loan. 13 14 15 (2) REDUCTION BASED ON REDUCTION IN NUM- BER OF EMPLOYEES.— (A) IN GENERAL.—The amount of loan 16 forgiveness under this section shall be reduced, 17 but not increased, by multiplying the amount 18 described in subsection (b) by the quotient ob- 19 tained by dividing— 20 (i) the average number of full-time 21 equivalent employees per month employed 22 by the eligible recipient during the covered 23 period; by 24 25 (ii)(I) at the election of the borrower— BAI20215 S.L.C. 46 1 (aa) the average number of full- 2 time equivalent employees per month 3 employed by the eligible recipient dur- 4 ing the period beginning on February 5 15, 2019 and ending on June 30, 6 2019; or 7 (bb) the average number of full- 8 time equivalent employees per month 9 employed by the eligible recipient dur- 10 ing the period beginning on January 11 1, 2020 and ending on February 29, 12 2020; or 13 (II) in the case of an eligible recipient 14 that is seasonal employer, as determined 15 by the Administrator, the average number 16 of 17 month employed by the eligible recipient 18 during the period beginning on February 19 15, 2019 and ending on June 30, 2019. 20 (B) CALCULATION OF AVERAGE NUMBER EMPLOYEES.—For purposes of subpara- full-time equivalent employees per 21 OF 22 graph (A), the average number of full-time 23 equivalent employees shall be determined by 24 calculating the average number of full-time BAI20215 S.L.C. 47 1 equivalent employees for each pay period falling 2 within a month. 3 (3) REDUCTION 4 RELATING TO SALARY AND WAGES.— 5 (A) IN GENERAL.—The amount of loan 6 forgiveness under this section shall be reduced 7 by the amount of any reduction in total salary 8 or wages of any employee described in subpara- 9 graph (B) during the covered period that is in 10 excess of 25 percent of the total salary or wages 11 of the employee during the most recent full 12 quarter during which the employee was em- 13 ployed before the covered period. 14 (B) EMPLOYEES DESCRIBED.—An em- 15 ployee described in this subparagraph is any 16 employee who did not receive, during any single 17 pay period during 2019, wages or salary at an 18 annualized rate of pay in an amount more than 19 $100,000. 20 (4) TIPPED WORKERS.—An eligible recipient 21 with 22 3(m)(2)(A) of the Fair Labor Standards Act of 23 1938 (29 U.S.C. 203(m)(2)(A)) may receive forgive- 24 ness for additional wages paid to those employees. 25 tipped employees (5) EXEMPTION described FOR RE-HIRES.— in section BAI20215 S.L.C. 48 1 (A) IN GENERAL.—In a circumstance de- 2 scribed in subparagraph (B), the amount of 3 loan forgiveness under this section shall be de- 4 termined without regard to a reduction in the 5 number of full-time equivalent employees of an 6 eligible recipient or a reduction in the salary of 7 1 or more employees of the eligible recipient, as 8 applicable, during the period beginning on Feb- 9 ruary 15, 2020 and ending on the date that is 10 30 days after the date of enactment of this Act. 11 (B) CIRCUMSTANCES.—A circumstance de- 12 scribed 13 cumstance— 14 in this subparagraph is a cir- (i) in which— 15 (I) during the period beginning 16 on February 15, 2020 and ending on 17 the date that is 30 days after the date 18 of enactment of this Act, there is a re- 19 duction, as compared to February 15, 20 2020, in the number of full-time 21 equivalent employees of an eligible re- 22 cipient; and 23 (II) not later than June 30, 24 2020, the eligible employer has elimi- BAI20215 S.L.C. 49 1 nated the reduction in the number of 2 full-time equivalent employees; 3 (ii) in which— 4 (I) during the period beginning 5 on February 15, 2020 and ending on 6 the date that is 30 days after the date 7 of enactment of this Act, there is a re- 8 duction, as compared to February 15, 9 2020, in the salary or wages of 1 or 10 more employees of the eligible recipi- 11 ent; and 12 (II) not later than June 30, 13 2020, the eligible employer has elimi- 14 nated the reduction in the salary or 15 wages of such employees; or 16 (iii) in which the events described in 17 clause (i) and (ii) occur. 18 (6) EXEMPTIONS.—The Administrator and the 19 Secretary of the Treasury may prescribe regulations 20 granting de minimis exemptions from the require- 21 ments under this subsection. 22 (e) APPLICATION.—An eligible recipient seeking loan 23 forgiveness under this section shall submit to the lender 24 that is servicing the covered loan an application, which 25 shall include— BAI20215 S.L.C. 50 1 (1) documentation verifying the number of full- 2 time equivalent employees on payroll and pay rates 3 for the periods described in subsection (d), includ- 4 ing— 5 6 7 (A) payroll tax filings reported to the Internal Revenue Service; and (B) State income, payroll, and unemploy- 8 ment insurance filings; 9 (2) documentation, including cancelled checks, 10 payment receipts, transcripts of accounts, or other 11 documents verifying payments on covered mortgage 12 obligations, payments on covered lease obligations, 13 and covered utility payments; 14 (3) a certification from a representative of the 15 eligible recipient authorized to make such certifi- 16 cations that— 17 18 (A) the documentation presented is true and correct; and 19 (B) the amount for which forgiveness is re- 20 quested was used to retain employees, make in- 21 terest payments on a covered mortgage obliga- 22 tion, make payments on a covered rent obliga- 23 tion, or make covered utility payments; and 24 (4) any other documentation the Administrator 25 determines necessary. BAI20215 S.L.C. 51 1 2 (f) PROHIBITION MENTATION.—No ON FORGIVENESS WITHOUT DOCU- eligible recipient shall receive forgive- 3 ness under this section without submitting to the lender 4 that is servicing the covered loan the documentation re5 quired under subsection (e). 6 (g) DECISION.—Not later than 60 days after the date 7 on which a lender receives an application for loan forgive8 ness under this section from an eligible recipient, the lend9 er shall issue a decision on the an application. 10 (h) HOLD HARMLESS.—If a lender has received the 11 documentation required under this section from an eligible 12 recipient attesting that the eligible recipient has accurately 13 verified the payments for payroll costs, payments on cov14 ered mortgage obligations, payments on covered lease obli15 gations, or covered utility payments during covered pe16 riod— 17 (1) an enforcement action may not be taken 18 against the lender under section 47(e) of the Small 19 Business Act (15 U.S.C. 657t(e)) relating to loan 20 forgiveness for the payments for payroll costs, pay- 21 ments on covered mortgage obligations, payments on 22 covered lease obligations, or covered utility pay- 23 ments, as the case may be; and 24 (2) the lender shall not be subject to any pen- 25 alties by the Administrator relating to loan forgive- BAI20215 S.L.C. 52 1 ness for the payments for payroll costs, payments on 2 covered mortgage obligations, payments on covered 3 lease obligations, or covered utility payments, as the 4 case may be. 5 (i) TAXABILITY.—For purposes of the Internal Rev- 6 enue Code of 1986, any amount which (but for this sub7 section) would be includible in gross income of the eligible 8 recipient by reason of forgiveness described in subsection 9 (b) shall be excluded from gross income. 10 (j) RULE OF CONSTRUCTION.—The cancellation of 11 indebtedness on a covered loan under this section shall not 12 otherwise modify the terms and conditions of the covered 13 loan. 14 (k) REGULATIONS.—Not later than 30 days after the 15 date of enactment of this Act, the Administrator shall 16 issue guidance and regulations implementing this section. 17 18 SEC. 1107. DIRECT APPROPRIATIONS. (a) IN GENERAL.—There is appropriated, out of 19 amounts in the Treasury not otherwise appropriated, for 20 the fiscal year ending September 30, 2020, to remain 21 available until September 30, 2021, for additional 22 amounts— 23 (1) $349,000,000,000 under the heading 24 ‘‘Small Business Administration—Business Loans 25 Program Account, CARES Act’’ for the cost of BAI20215 S.L.C. 53 1 guaranteed loans as authorized under paragraph 2 (36) of section 7(a) of the Small Business Act (15 3 U.S.C. 636(a)), as added by section 1102(a) of this 4 Act; 5 (2) $675,000,000 under the heading ‘‘Small 6 Business Administration—Salaries and Expenses’’ 7 for salaries and expenses of the Administration; 8 (3) $25,000,000 under the heading ‘‘Small 9 Business Administration—Office of Inspector Gen- 10 eral’’, to remain available until September 30, 2024, 11 for necessary expenses of the Office of Inspector 12 General of the Administration in carrying out the 13 provisions of the Inspector General Act of 1978 (5 14 U.S.C. App.); 15 (4) $265,000,000 under the heading ‘‘Small 16 Business Administration—Entrepreneurial Develop- 17 ment Programs’’, of which— 18 19 20 (A) $240,000,000 shall be for carrying out section 1103(b) of this Act; and (B) $25,000,000 shall be for carrying out 21 section 1103(c) of this Act; 22 (5) $10,000,000 under the heading ‘‘Depart- 23 ment of Commerce—Minority Business Development 24 Agency’’ for minority business centers of the Minor- BAI20215 S.L.C. 54 1 ity Business Development Agency to provide tech- 2 nical assistance to small business concerns; 3 (6) $10,000,000,000 under the heading ‘‘Small 4 Business 5 Grants’’ shall be for carrying out section 1110 of 6 this Act; Administration—Emergency EIDL 7 (7) $17,000,000,000 under the heading ‘‘Small 8 Business Administration—Business Loans Program 9 Account, CARES Act’’ shall be for carrying out sec- 10 tion 1112 of this Act; and 11 (8) $25,000,000 under the heading ‘‘Depart- 12 ment of the Treasury—Departmental Offices—Sala- 13 ries and Expenses’’ shall be for carrying out section 14 1109 of this Act. 15 (b) SECONDARY MARKET.—During the period begin- 16 ning on the date of enactment of this Act and ending on 17 September 30, 2021, guarantees of trust certificates au18 thorized by section 5(g) of the Small Business Act (15 19 U.S.C. 635(g)) shall not exceed a principal amount of 20 $100,000,000,000. 21 (c) REPORTS.—Not later than 180 days after the 22 date of enactment of this Act, the Administrator shall sub23 mit to the Committee on Appropriations of the Senate and 24 the Committee on Appropriations of the House of Rep25 resentatives a detailed expenditure plan for using the BAI20215 S.L.C. 55 1 amounts appropriated to the Administration under sub2 section (a). 3 4 SEC. 1108. MINORITY BUSINESS DEVELOPMENT AGENCY. (a) DEFINITIONS.—In this section— 5 (1) the term ‘‘Agency’’ means the Minority 6 Business Development Agency of the Department of 7 Commerce; 8 9 (2) the term ‘‘minority business center’’ means a Business Center of the Agency; 10 11 (3) the term ‘‘minority business enterprise’’ means a for-profit business enterprise— 12 (A) not less than 51 percent of which is 13 owned by 1 or more socially disadvantaged indi- 14 viduals, as determined by the Agency; and 15 (B) the management and daily business 16 operations of which are controlled by 1 or more 17 socially disadvantaged individuals, as deter- 18 mined by the Agency; and 19 (4) the term ‘‘minority chamber of commerce’’ 20 means a chamber of commerce developed specifically 21 to support minority business enterprises. 22 (b) EDUCATION, TRAINING, AND ADVISING 23 GRANTS.— 24 25 (1) IN GENERAL.—The Agency may provide fi- nancial assistance in the form of grants to minority BAI20215 S.L.C. 56 1 business centers and minority chambers of commerce 2 to provide education, training, and advising to mi- 3 nority business enterprises. 4 (2) USE OF FUNDS.—Grants under this section 5 shall be used for the education, training, and advis- 6 ing of minority business enterprises and their em- 7 ployees on— 8 (A) accessing and applying for resources 9 provided by the Agency and other Federal re- 10 sources relating to access to capital and busi- 11 ness resiliency; 12 (B) the hazards and prevention of the 13 transmission and communication of COVID–19 14 and other communicable diseases; 15 (C) the potential effects of COVID–19 on 16 the supply chains, distribution, and sale of 17 products of minority business enterprises and 18 the mitigation of those effects; 19 (D) the management and practice of 20 telework to reduce possible transmission of 21 COVID–19; 22 (E) the management and practice of re- 23 mote customer service by electronic or other 24 means; BAI20215 S.L.C. 57 1 (F) the risks of and mitigation of cyber 2 threats in remote customer service or telework 3 practices; 4 (G) the mitigation of the effects of reduced 5 travel or outside activities on minority business 6 enterprises during COVID–19 or similar occur- 7 rences; and 8 (H) any other relevant business practices 9 necessary to mitigate the economic effects of 10 COVID–19 or similar occurrences. 11 (3) NO MATCHING FUNDS REQUIRED.—Match- 12 ing funds shall not be required for any grant under 13 this section. 14 15 (4) GOALS AND METRICS.— (A) IN GENERAL.—Goals and metrics for 16 the funds made available under this section 17 shall be jointly developed, negotiated, and 18 agreed upon, with full participation of both par- 19 ties, between the minority business centers, mi- 20 nority chambers of commerce, and the Agency, 21 which shall— 22 (i) take into consideration the extent 23 of the circumstances relating to the spread 24 of COVID–19, or similar occurrences, that 25 affect minority business enterprises located BAI20215 S.L.C. 58 1 in the areas covered by minority business 2 centers and minority chambers of com- 3 merce, particularly in rural areas or eco- 4 nomically distressed areas; 5 (ii) generally follow the use of funds 6 outlined in paragraph (2), but shall not re- 7 strict the activities of minority business 8 centers and minority chambers of com- 9 merce in responding to unique situations; 10 and 11 (iii) encourage minority business cen- 12 ters and minority chambers of commerce 13 to develop and provide services to minority 14 business enterprises. 15 (B) PUBLIC AVAILABILITY.—The Agency 16 shall make publicly available the methodology 17 by which the Agency, minority business centers, 18 and minority chambers of commerce jointly de- 19 velop the metrics and goals described in sub- 20 paragraph (A). 21 (c) WAIVERS.— 22 (1) IN GENERAL.—Notwithstanding any other 23 provision of law or regulation, the Agency may, dur- 24 ing the 3-month period that begins on the date of 25 enactment of this Act, waive any matching require- BAI20215 S.L.C. 59 1 ment imposed on a minority business center or a 2 specialty center of the Agency under a cooperative 3 agreement between such a center and the Agency if 4 the applicable center is unable to raise funds, or has 5 suffered a loss of revenue, because of the effects of 6 COVID–19. 7 (2) REMAINING COMPLIANT.—Notwithstanding 8 any provision of a cooperative agreement between 9 the Agency and a minority business center, if, dur- 10 ing the period beginning on the date of enactment 11 of this Act and ending on September 30, 2021, such 12 a center decides not to collect fees because of the 13 economic consequences of COVID–19, the center 14 shall be considered to be in compliance with that 15 agreement if— 16 (A) the center notifies the Agency with re- 17 spect to that decision, which the center may 18 provide through electronic mail; and 19 (B) the Agency, not later than 15 days 20 after the date on which the center provides no- 21 tice to the Agency under subparagraph (A)— 22 23 24 (i) confirms receipt of the notification under subparagraph (A); and (ii) accepts the decision of the center. BAI20215 S.L.C. 60 1 (d) REPORT.—Not later than 6 months after the date 2 of enactment of this Act, and annually thereafter, the 3 Agency shall submit to the Committee on Small Business 4 and Entrepreneurship and the Committee on Commerce, 5 Science, and Transportation of the Senate and the Com6 mittee on Small Business and the Committee on Energy 7 and Commerce of the House of Representatives a report 8 that describes— 9 10 (1) with respect to the period covered by the initial report— 11 (A) the programs and services developed 12 and provided by the Agency, minority business 13 centers, and minority chambers of commerce 14 under subsection (b); and 15 (B) the initial efforts to provide those serv- 16 ices under subsection (b); and 17 (2) with respect to subsequent years covered by 18 19 20 the report— (A) with respect to the grant program under subsection (b)— 21 (i) the efforts of the Agency, minority 22 business centers, and minority chambers of 23 commerce to develop services to assist mi- 24 nority business enterprises; BAI20215 S.L.C. 61 1 (ii) the challenges faced by owners of 2 minority business enterprises in accessing 3 services provided by the Agency, minority 4 business centers, and minority chambers of 5 commerce; 6 (iii) the number of unique minority 7 business enterprises that were served by 8 the Agency, minority business centers, or 9 minority chambers of commerce; and 10 (iv) other relevant outcome perform- 11 ance data with respect to minority business 12 enterprises, including the number of em- 13 ployees affected, the effect on sales, the 14 disruptions of supply chains, and the ef- 15 forts made by the Agency, minority busi- 16 ness centers, and minority chambers of 17 commerce to mitigate these effects . 18 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 19 authorized to be appropriated $10,000,000 to carry out 20 this section, to remain available until expended. 21 22 23 SEC. 1109. UNITED STATES TREASURY PROGRAM MANAGEMENT AUTHORITY. (a) DEFINITIONS.—In this section— 24 (1) the terms ‘‘appropriate Federal banking 25 agency’’ and ‘‘insured depository institution’’ have BAI20215 S.L.C. 62 1 the meanings given those terms in section 3 of the 2 Federal Deposit Insurance Act (12 U.S.C. 1813); 3 (2) the term ‘‘insured credit union’’ has the 4 meaning given the term in section 101 of the Fed- 5 eral Credit Union Act (12 U.S.C. 1752); and 6 (3) the term ‘‘Secretary’’ means the Secretary 7 of the Treasury. 8 (b) AUTHORITY 9 CIAL TO INCLUDE ADDITIONAL FINAN- INSTITUTIONS.—The Department of the Treasury, 10 in consultation with the Administrator, and the Chairman 11 of the Farm Credit Administration shall establish criteria 12 for insured depository institutions, insured credit unions, 13 institutions of the Farm Credit System chartered under 14 the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), 15 and other lenders that do not already participate in lend16 ing under programs of the Administration, to participate 17 in the paycheck protection program to provide loans under 18 this section until the date on which the national emergency 19 declared by the President under the National Emergencies 20 Act (50 U.S.C. 1601 et seq.) with respect to the 21 Coronavirus Disease 2019 (COVID–19) expires. 22 (c) SAFETY AND SOUNDNESS.—An insured deposi- 23 tory institution, insured credit union, institution of the 24 Farm Credit System chartered under the Farm Credit Act 25 of 1971 (12 U.S.C. 2001 et seq.), or other lender may BAI20215 S.L.C. 63 1 only participate in the program established under this sec2 tion if participation does not affect the safety and sound3 ness of the institution or lender, as determined by the Sec4 retary in consultation with the appropriate Federal bank5 ing agencies or the National Credit Union Administration 6 Board, as applicable. 7 8 9 10 11 12 (d) REGULATIONS FOR LENDERS AND LOANS.— (1) IN GENERAL.—The Secretary may issue regulations and guidance as necessary to carry out the purposes of this section, including to— (A) allow additional lenders to originate loans under this section; and 13 (B) establish terms and conditions for 14 loans under this section, including terms and 15 conditions concerning compensation, under- 16 writing standards, interest rates, and maturity. 17 (2) REQUIREMENTS.—The terms and condi- 18 tions established under paragraph (1) shall provide 19 for the following: 20 (A) A rate of interest that does not exceed 21 the maximum permissible rate of interest avail- 22 able on a loan of comparable maturity under 23 paragraph (36) of section 7(a) of the Small 24 Business Act (15 U.S.C. 636(a)), as added by 25 section 1102 of this Act. BAI20215 S.L.C. 64 1 (B) Terms and conditions that, to the 2 maximum extent practicable, are consistent 3 with the terms and conditions required under 4 the following provisions of paragraph (36) of 5 section 7(a) of the Small Business Act (15 6 U.S.C. 636(a)), as added by section 1102 of 7 this Act: 8 9 10 11 12 13 14 15 16 (i) Subparagraph (D), pertaining to borrower eligibility. (ii) Subparagraph (E), pertaining to the maximum loan amount. (iii) Subparagraph (F)(i), pertaining to allowable uses of program loans. (iv) Subparagraph (H), pertaining to fee waivers. (v) Subparagraph (M), pertaining to 17 loan deferment. 18 (C) A guarantee percentage that, to the 19 maximum extent practicable, are consistent 20 with the guarantee percentage required under 21 subparagraph (F) of section 7(a)(2) of the 22 Small Business Act (15 U.S.C. 636(a)(2)), as 23 added by section 1102 of this Act. 24 (D) Loan forgiveness under terms and con- 25 ditions that, to the maximum extent prac- BAI20215 S.L.C. 65 1 ticable, are consistent with the terms and condi- 2 tions for loan forgiveness under section 1106 of 3 this Act. 4 (e) ADDITIONAL REGULATIONS GENERALLY.—The 5 Secretary may issue regulations and guidance as necessary 6 to carry out the purposes of this section, including to allow 7 additional lenders to originate loans under this title and 8 to establish terms and conditions such as compensation, 9 underwriting standards, interest rates, and maturity for 10 under this section. 11 (f) CERTIFICATION.—As a condition of receiving a 12 loan under this section, a borrower shall certify under 13 terms acceptable to the Secretary that the borrower— 14 (1) does not have an application pending for a 15 loan under section 7(a) of the Small Business Act 16 (15 U.S.C. 636(a)) for the same purpose; and 17 (2) has not received such a loan during the pe- 18 riod beginning on February 15, 2020 and ending on 19 December 31, 2020. 20 (g) OPT-IN FOR SBA QUALIFIED LENDERS.—Lend- 21 ers qualified to participate as a lender under 7(a) of the 22 Small Business Act (15 U.S.C. 636(a)) may elect to par23 ticipate in the paycheck protection program under the cri24 teria, terms, and conditions established under this section. 25 Such participation shall not preclude the lenders from con- BAI20215 S.L.C. 66 1 tinuing participation as a lender under section 7(a) of the 2 Small Business Act (15 U.S.C. 636(a)). 3 (h) PROGRAM ADMINISTRATION.—With guidance 4 from the Secretary, the Administrator shall administer the 5 program established under this section, including the mak6 ing and purchasing of guarantees on loans under the pro7 gram, until the date on which the national emergency de8 clared by the President under the National Emergencies 9 Act (50 U.S.C. 1601 et seq.) with respect to the 10 Coronavirus Disease 2019 (COVID–19) expires. 11 (i) CRIMINAL PENALTIES.—A loan under this section 12 shall be deemed to be a loan under the Small Business 13 Act (15 U.S.C. 631 et seq.) for purposes of section 16 14 of such Act (15 U.S.C. 645). 15 16 SEC. 1110. EMERGENCY EIDL GRANTS. (a) DEFINITIONS.—In this section— 17 (1) the term ‘‘covered period’’ means the period 18 beginning on January 31, 2020 and ending on De- 19 cember 31, 2020; and 20 21 22 (2) the term ‘‘eligible entity’’ means— (A) a business with not more than 500 employees; 23 (B) any individual who operates under a 24 sole proprietorship, with or without employees, 25 or as an independent contractor; BAI20215 S.L.C. 67 1 2 (C) a cooperative with not more than 500 employees; 3 (D) an ESOP (as defined in section 3 of 4 the Small Business Act (15 U.S.C. 632)) with 5 not more than 500 employees; or 6 (E) a tribal small business concern, as de- 7 scribed in section 31(b)(2)(C) of the Small 8 Business Act (15 U.S.C. 657a(b)(2)(C)), with 9 not more than 500 employees. 10 (b) ELIGIBLE ENTITIES.—During the covered period, 11 in addition to small business concerns, private nonprofit 12 organizations, and small agricultural cooperatives, an eli13 gible entity shall be eligible for a loan made under section 14 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)). 15 (c) TERMS; CREDIT ELSEWHERE.—With respect to 16 a loan made under section 7(b)(2) of the Small Business 17 Act (15 U.S.C. 636(b)(2)) in response to COVID–19 dur18 ing the covered period, the Administrator shall waive— 19 (1) any rules related the personal guarantee on 20 advances and loans of not more than $200,000 dur- 21 ing the covered period for all applicants; 22 (2) the requirement that an applicant needs to 23 be in business for the 1-year period before the dis- 24 aster, except that no waiver may be made for a busi- BAI20215 S.L.C. 68 1 ness that was not in operation on January 31, 2020; 2 and 3 (3) the requirement in the flush matter fol- 4 lowing subparagraph (E) of section 7(b)(2) of the 5 Small Business Act (15 U.S.C. 636(b)(2)), as so re- 6 designated by subsection (f) of this section, that an 7 applicant be unable to obtain credit elsewhere. 8 (d) APPROVAL AND ABILITY TO REPAY FOR SMALL 9 DOLLAR LOANS.—With respect to a loan made under sec10 tion 7(b)(2) of the Small Business Act (15 U.S.C. 11 636(b)(2)) in response to COVID–19 during the covered 12 period, the Administrator may— 13 (1) approve an applicant based solely on the 14 credit score of the applicant and shall not require an 15 applicant to submit a tax return or a tax return 16 transcript for such approval; or 17 (2) use alternative appropriate methods to de- 18 termine an applicant’s ability to repay. 19 (e) EMERGENCY GRANT.— 20 (1) IN GENERAL.—During the covered period, 21 an entity included for eligibility in subsection (b), in- 22 cluding small business concerns, private nonprofit 23 organizations, and small agricultural cooperatives, 24 that applies for a loan under section 7(b)(2) of the 25 Small Business Act (15 U.S.C. 636(b)(2)) in re- BAI20215 S.L.C. 69 1 sponse to COVID–19 may request that the Adminis- 2 trator provide an advance that is, subject to para- 3 graph (3), in the amount requested by such appli- 4 cant to such applicant within 3 days after the Ad- 5 ministrator receives an application from such appli- 6 cant. 7 (2) VERIFICATION.—Before disbursing amounts 8 under this subsection, the Administrator shall verify 9 that the applicant is an eligible entity by accepting 10 a self-certification from the applicant under penalty 11 of perjury pursuant to section 1746 of title 28 12 United States Code. 13 (3) AMOUNT.—The amount of an advance pro- 14 vided under this subsection shall be not more than 15 $10,000. 16 (4) USE OF FUNDS.—An advance provided 17 under this subsection may be used to address any al- 18 lowable purpose for a loan made under section 19 7(b)(2) of the Small Business Act (15 U.S.C. 20 636(b)(2)), including— 21 (A) providing paid sick leave to employees 22 unable to work due to the direct effect of the 23 COVID–19; BAI20215 S.L.C. 70 1 (B) maintaining payroll to retain employ- 2 ees during business disruptions or substantial 3 slowdowns; 4 (C) meeting increased costs to obtain ma- 5 terials unavailable from the applicant’s original 6 source due to interrupted supply chains; 7 8 9 (D) making rent or mortgage payments; and (E) repaying obligations that cannot be 10 met due to revenue losses. 11 (5) REPAYMENT.—An applicant shall not be re- 12 quired to repay any amounts of an advance provided 13 under this subsection, even if subsequently denied a 14 loan under section 7(b)(2) of the Small Business Act 15 (15 U.S.C. 636(b)(2)). 16 (6) UNEMPLOYMENT GRANT.—If an applicant 17 that receives an advance under this subsection trans- 18 fers into, or is approved for, the loan program under 19 section 7(a) of the Small Business Act (15 U.S.C. 20 636(a)), the advance amount shall be reduced from 21 the loan forgiveness amount for a loan for payroll 22 costs made under such section 7(a). 23 24 (7) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to the Ad- BAI20215 S.L.C. 71 1 ministration $10,000,000,000 to carry out this sub- 2 section. 3 (8) TERMINATION.—The authority to carry out 4 grants under this subsection shall terminate on De- 5 cember 31, 2020. 6 (f) EMERGENCIES INVOLVING FEDERAL PRIMARY 7 RESPONSIBILITY QUALIFYING FOR SBA ASSISTANCE.— 8 Section 7(b)(2) of the Small Business Act (15 U.S.C. 9 636(b)(2)) is amended— 10 11 12 13 14 15 16 17 18 19 (1) in subparagraph (A), by striking ‘‘or’’ at the end; (2) in subparagraph (B), by striking ‘‘or’’ at the end; (3) in subparagraph (C), by striking ‘‘or’’ at the end; (4) by redesignating subparagraph (D) as subparagraph (E); (5) by inserting after subparagraph (C) the following: 20 ‘‘(D) an emergency involving Federal pri- 21 mary responsibility determined to exist by the 22 President under the section 501(b) of the Rob- 23 ert T. Stafford Disaster Relief and Emergency 24 Assistance Act (42 U.S.C. 5191(b)); or’’; and 25 (6) in subparagraph (E), as so redesignated— BAI20215 S.L.C. 72 1 2 (A) by striking ‘‘or (C)’’ and inserting ‘‘(C), or (D)’’; 3 (B) by striking ‘‘disaster declaration’’ each 4 place it appears and inserting ‘‘disaster or 5 emergency declaration’’; 6 (C) by striking ‘‘disaster has occurred’’ 7 and inserting ‘‘disaster or emergency has oc- 8 curred’’; 9 10 11 (D) by striking ‘‘such disaster’’ and inserting ‘‘such disaster or emergency’’; and (E) by striking ‘‘disaster stricken’’ and in- 12 serting ‘‘disaster- or emergency-stricken’’; and 13 (7) in the flush matter following subparagraph 14 (E), as so redesignated, by striking the period at the 15 end and inserting the following: ‘‘: Provided further, 16 That for purposes of subparagraph (D), the Admin- 17 istrator shall deem that such an emergency affects 18 each State or subdivision thereof (including coun- 19 ties), and that each State or subdivision has suffi- 20 cient economic damage to small business concerns to 21 qualify for assistance under this paragraph and the 22 Administrator shall accept applications for such as- 23 sistance immediately.’’. BAI20215 S.L.C. 73 1 2 3 SEC. 1111. RESOURCES AND SERVICES IN LANGUAGES OTHER THAN ENGLISH. (a) IN GENERAL.—The Administrator shall provide 4 the resources and services made available by the Adminis5 tration to small business concerns in the 10 most com6 monly spoken languages, other than English, in the 7 United States, which shall include Mandarin, Cantonese, 8 Japanese, and Korean. 9 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 10 authorized to be appropriated to the Administrator 11 $25,000,000 to carry out this section. 12 13 SEC. 1112. SUBSIDY FOR CERTAIN LOAN PAYMENTS. (a) DEFINITION OF COVERED LOAN.—In this sec- 14 tion, the term ‘‘covered loan’’ means a loan that is— 15 (1) guaranteed by the Administration under— 16 (A) section 7(a) of the Small Business Act 17 (15 U.S.C. 636(a))— 18 (i) including a loan made under the 19 Community Advantage Pilot Program of 20 the Administration; and 21 (ii) excluding a loan made under para- 22 graph (36) of such section 7(a), as added 23 by section 1102; or 24 (B) title V of the Small Business Invest- 25 ment Act of 1958 (15 U.S.C. 695 et seq.); or BAI20215 S.L.C. 74 1 (2) made by an intermediary to a small busi- 2 ness concern using loans or grants received under 3 section 7(m) of the Small Business Act (15 U.S.C. 4 636(m)). 5 (b) SENSE OF CONGRESS.—It is the sense of Con- 6 gress that— 7 8 9 10 (1) all borrowers are adversely affected by COVID-19; (2) relief payments by the Administration are appropriate for all borrowers; and 11 (3) in addition to the relief provided under this 12 Act, the Administration should encourage lenders to 13 provide payment deferments, when appropriate, and 14 to extend the maturity of covered loans, so as to 15 avoid balloon payments or any requirement for in- 16 creases in debt payments resulting from deferments 17 provided by lenders during the period of the national 18 emergency declared by the President under the Na- 19 tional Emergencies Act (50 U.S.C. 1601 et seq.) 20 with respect to the Coronavirus Disease 2019 21 (COVID–19). 22 (c) PRINCIPAL AND INTEREST PAYMENTS.— 23 24 (1) IN GENERAL.—The Administrator shall pay the principal, interest, and any associated fees that BAI20215 S.L.C. 75 1 are owed on a covered loan in a regular servicing 2 status— 3 (A) with respect to a covered loan made 4 before the date of enactment of this Act and 5 not on deferment, for the 6-month period begin- 6 ning with the next payment due on the covered 7 loan; 8 (B) with respect to a covered loan made 9 before the date of enactment of this Act and on 10 deferment, for the 6-month period beginning 11 with the next payment due on the covered loan 12 after the deferment period; and 13 (C) with respect to a covered loan made 14 during the period beginning on the date of en- 15 actment of this Act and ending on the date that 16 is 6 months after such date of enactment, for 17 the 6-month period beginning with the first 18 payment due on the covered loan. 19 (2) TIMING OF PAYMENT.—The Administrator 20 shall begin making payments under paragraph (1) 21 on a covered loan not later than 30 days after the 22 date on which the first such payment is due. 23 (3) APPLICATION OF PAYMENT.—Any payment 24 made by the Administrator under paragraph (1) 25 shall be applied to the covered loan such that the BAI20215 S.L.C. 76 1 borrower is relieved of the obligation to pay that 2 amount. 3 (d) OTHER REQUIREMENTS.—The Administrator 4 shall— 5 (1) communicate and coordinate with the Fed- 6 eral Deposit Insurance Corporation, the Office of the 7 Comptroller of the Currency, and State bank regu- 8 lators to encourage those entities to not require 9 lenders to increase their reserves on account of re- 10 ceiving payments made by the Administrator under 11 subsection (c); 12 (2) waive statutory limits on maximum loan 13 maturities for any covered loan durations where the 14 lender provides a deferral and extends the maturity 15 of covered loans during the 1-year period following 16 the date of enactment of this Act; and 17 (3) when necessary to provide more time be- 18 cause of the potential of higher volumes, travel re- 19 strictions, and the inability to access some properties 20 during the COVID–19 pandemic, extend lender site 21 visit requirements to— 22 (A) not more than 60 days (which may be 23 extended at the discretion of the Administra- 24 tion) after the occurrence of an adverse event, BAI20215 S.L.C. 77 1 other than a payment default, causing a loan to 2 be classified as in liquidation; and 3 4 5 (B) not more than 90 days after a payment default. (e) RULE OF CONSTRUCTION.—Nothing in this sec- 6 tion may be construed to limit the authority of the Admin7 istrator to make payments pursuant to subsection (c) with 8 respect to a covered loan solely because the covered loan 9 has been sold in the secondary market. 10 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 11 authorized to be appropriated to the Administrator 12 $17,000,000,000 to carry out this section. 13 14 15 16 17 SEC. 1113. BANKRUPTCY. (a) SMALL BUSINESS DEBTOR REORGANIZATION.— (1) IN GENERAL.—Section 1182(1) of title 11, United States Code, is amended to read as follows: ‘‘(1) DEBTOR.—The term ‘debtor’— 18 ‘‘(A) subject to subparagraph (B), means a 19 person engaged in commercial or business ac- 20 tivities (including any affiliate of such person 21 that is also a debtor under this title and exclud- 22 ing a person whose primary activity is the busi- 23 ness of owning single asset real estate) that has 24 aggregate noncontingent liquidated secured and 25 unsecured debts as of the date of the filing of BAI20215 S.L.C. 78 1 the petition or the date of the order for relief 2 in an amount not more than $7,500,000 (ex- 3 cluding debts owed to 1 or more affiliates or in- 4 siders) not less than 50 percent of which arose 5 from the commercial or business activities of 6 the debtor; and 7 ‘‘(B) does not include— 8 ‘‘(i) any member of a group of affili- 9 ated debtors that has aggregate noncontin- 10 gent liquidated secured and unsecured 11 debts 12 $7,500,000 (excluding debt owed to 1 or 13 more affiliates or insiders); in an amount greater than 14 ‘‘(ii) any debtor that is a corporation 15 subject to the reporting requirements 16 under section 13 or 15(d) of the Securities 17 Exchange Act of 1934 (15 U.S.C. 78m, 18 78o(d)); or 19 ‘‘(iii) any debtor that is an affiliate of 20 an issuer, as defined in section 3 of the Se- 21 curities Exchange Act of 1934 (15 U.S.C. 22 78c).’’. 23 24 (2) APPLICABILITY OF CHAPTERS.—Section 103(i) of title 11, United States Code, is amended BAI20215 S.L.C. 79 1 by striking ‘‘small business debtor’’ and inserting 2 ‘‘debtor (as defined in section 1182)’’. 3 (3) APPLICATION OF AMENDMENT.—The 4 amendment made by paragraph (1) shall apply only 5 with respect to cases commenced under title 11, 6 United States Code, on or after the date of enact- 7 ment of this Act. 8 9 (4) TECHNICAL CORRECTIONS.— (A) DEFINITION OF SMALL BUSINESS 10 DEBTOR.—Section 11 United States Code, is amended to read as fol- 12 lows: 101(51D)(B)(iii) of title 11, 13 ‘‘(iii) any debtor that is an affiliate of 14 an issuer (as defined in section 3 of the 15 Securities Exchange Act of 1934 (15 16 U.S.C. 78c)).’’. 17 (B) UNCLAIMED PROPERTY.—Section 18 347(b) of title 11, United States Code, is 19 amended by striking ‘‘1194’’ and inserting 20 ‘‘1191’’. 21 (5) SUNSET.—On the date that is 1 year after 22 the date of enactment of this Act, section 1182(1) 23 of title 11, United States Code, is amended to read 24 as follows: BAI20215 S.L.C. 80 1 ‘‘(1) DEBTOR.—The term ‘debtor’ means a 2 small business debtor.’’. 3 (b) BANKRUPTCY RELIEF.— 4 5 (1) IN GENERAL.— (A) EXCLUSION FROM CURRENT MONTHLY 6 INCOME.—Section 7 United States Code, is amended— 8 9 101(10A)(B)(ii) of title 11, (i) in subclause (III), by striking ‘‘; and’’ and inserting a semicolon; 10 (ii) in subclause (IV), by striking the 11 period at the end and inserting ‘‘; and’’; 12 and 13 14 (iii) by adding at the end the following: 15 ‘‘(V) Payments made under Fed- 16 eral law relating to the national emer- 17 gency declared by the President under 18 the National Emergencies Act (50 19 U.S.C. 1601 et seq.) with respect to 20 the 21 (COVID–19).’’. 22 (B) CONFIRMATION coronavirus OF disease 2019 PLAN.—Section 23 1325(b)(2) of title 11, United States Code, is 24 amended by inserting ‘‘payments made under 25 Federal law relating to the national emergency BAI20215 S.L.C. 81 1 declared by the President under the National 2 Emergencies Act (50 U.S.C. 1601 et seq.) with 3 respect 4 (COVID–19),’’ after ‘‘other than’’. 5 to the coronavirus (C) MODIFICATION disease 2019 OF PLAN AFTER CON- 6 FIRMATION.—Section 7 States Code, is amended by adding at end the 8 following: 9 1329 of title 11, United ‘‘(d)(1) Subject to paragraph (3), for a plan con- 10 firmed prior to the date of enactment of this subsection, 11 the plan may be modified upon the request of the debtor 12 if— 13 ‘‘(A) the debtor is experiencing or has experi- 14 enced a material financial hardship due, directly or 15 indirectly, to the coronavirus disease 2019 (COVID– 16 19) pandemic; and 17 ‘‘(B) the modification is approved after notice 18 and a hearing. 19 ‘‘(2) A plan modified under paragraph (1) may not 20 provide for payments over a period that expires more than 21 7 years after the time that the first payment under the 22 original confirmed plan was due. 23 ‘‘(3) Sections 1322(a), 1322(b), 1323(c), and the re- 24 quirements of section 1325(a) shall apply to any modifica25 tion under paragraph (1).’’. BAI20215 S.L.C. 82 1 (D) APPLICABILITY.— 2 (i) The amendments made by sub- 3 paragraphs (A) and (B) shall apply to any 4 case commenced before, on, or after the 5 date of enactment of this Act. 6 (ii) The amendment made by subpara- 7 graph (C) shall apply to any case for which 8 a plan has been confirmed under section 9 1325 of title 11, United States Code, be- 10 fore the date of enactment of this Act. 11 (2) SUNSET.— 12 (A) IN 13 (i) GENERAL.— EXCLUSION FROM CURRENT 14 MONTHLY 15 101(10A)(B)(ii) of title 11, United States 16 Code, is amended— INCOME.—Section 17 (I) in subclause (III), by striking 18 the semicolon at the end and inserting 19 ‘‘; and’’; 20 (II) in subclause (IV), by striking 21 ‘‘; and’’ and inserting a period; and 22 (III) by striking subclause (V). 23 (ii) CONFIRMATION OF PLAN.—Sec- 24 tion 1325(b)(2) of title 11, United States 25 Code, is amended by striking ‘‘payments BAI20215 S.L.C. 83 1 made under Federal law relating to the na- 2 tional emergency declared by the President 3 under the National Emergencies Act (50 4 U.S.C. 1601 et seq.) with respect to the 5 coronavirus disease 2019 (COVID–19),’’. 6 (iii) MODIFICATION OF PLAN AFTER 7 CONFIRMATION.—Section 8 United States Code, is amended by strik- 9 ing subsection (d). 10 (B) EFFECTIVE 1329 of title 11, DATE.—The amendments 11 made by subparagraph (A) shall take effect on 12 the date that is 1 year after the date of enact- 13 ment of this Act. 14 15 SEC. 1114. EMERGENCY RULEMAKING AUTHORITY. Not later than 15 days after the date of enactment 16 of this Act, the Administrator shall issue regulations to 17 carry out this title and the amendments made by this title 18 without regard to the notice requirements under section 19 553(b) of title 5, United States Code. BAI20215 S.L.C. 84 5 TITLE II—ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND BUSINESSES Subtitle A—Unemployment Insurance Provisions 6 SEC. 2101. SHORT TITLE. 1 2 3 4 7 This subtitle may be cited as the ‘‘Relief for Workers 8 Affected by Coronavirus Act’’. 9 10 11 12 13 SEC. 2102. PANDEMIC UNEMPLOYMENT ASSISTANCE. (a) DEFINITIONS.—In this section: (1) COVID–19.—The term ‘‘COVID-19’’ means the 2019 Novel Coronavirus or 2019-nCoV. (2) COVID–19 PUBLIC HEALTH EMERGENCY.— 14 The term ‘‘COVID-19 public health emergency’’ 15 means the public health emergency declared by the 16 Secretary of Health and Human Services on Janu- 17 ary 27, 2020, with respect to the 2019 Novel 18 Coronavirus. 19 20 21 (3) COVERED INDIVIDUAL.—The term ‘‘covered individual’’— (A) means an individual who— 22 (i) is not eligible for regular com- 23 pensation or extended benefits under State 24 or Federal law or pandemic emergency un- 25 employment compensation under section BAI20215 S.L.C. 85 1 2107, including an individual who has ex- 2 hausted all rights to regular unemployment 3 or extended benefits under State or Fed- 4 eral law or pandemic emergency unemploy- 5 ment compensation under section 2107; 6 and 7 8 (ii) provides self-certification that the individual— 9 (I) is otherwise able to work and 10 available for work within the meaning 11 of applicable State law, except the in- 12 dividual is unemployed, partially un- 13 employed, or unable or unavailable to 14 work because— 15 (aa) the individual has been 16 diagnosed with COVID–19 or is 17 experiencing 18 COVID–19 and seeking a med- 19 ical diagnosis; symptoms of 20 (bb) a member of the indi- 21 vidual’s household has been diag- 22 nosed with COVID–19; 23 (cc) the individual is pro- 24 viding care for a family member 25 or a member of the individual’s BAI20215 S.L.C. 86 1 household who has been diag- 2 nosed with COVID–19; 3 (dd) a child or other person 4 in the household for which the in- 5 dividual has primary caregiving 6 responsibility is unable to attend 7 school or another facility that is 8 closed as a direct result of the 9 COVID-19 public health emer- 10 gency and such school or facility 11 care is required for the individual 12 to work; 13 (ee) the individual is unable 14 to reach the place of employment 15 because of a quarantine imposed 16 as a direct result of the COVID- 17 19 public health emergency; 18 (ff) the individual is unable 19 to reach the place of employment 20 because the individual has been 21 advised by a health care provider 22 to self-quarantine due to con- 23 cerns related to COVID–19; 24 25 (gg) the individual was scheduled to commence employ- BAI20215 S.L.C. 87 1 ment and does not have a job or 2 is unable to reach the job as a di- 3 rect result of the COVID-19 pub- 4 lic health emergency; 5 (hh) the individual has be- 6 come the breadwinner or major 7 support for a household because 8 the head of the household has 9 died 10 as a direct result of COVID–19; 11 (ii) the individual has to quit 12 his or her job as a direct result 13 of COVID–19; 14 (jj) the individual’s place of 15 employment is closed as a direct 16 result of the COVID–19 public 17 health emergency; 18 (kk) the individual meets 19 any additional criteria established 20 by the Secretary for unemploy- 21 ment assistance under this sec- 22 tion; or 23 (II) is self-employed, is seeking 24 part-time employment, does not have 25 sufficient work history, or otherwise BAI20215 S.L.C. 88 1 would not qualify for regular unem- 2 ployment or extended benefits under 3 State or Federal law or pandemic 4 emergency unemployment compensa- 5 tion under section 2107 and meets the 6 requirements of subclause (I); and 7 (B) does not include— 8 (i) an individual who has the ability to 9 telework with pay; or 10 (ii) an individual who is receiving paid 11 sick leave or other paid leave benefits, re- 12 gardless of whether the individual meets a 13 qualification 14 through (kk) of subparagraph (A)(i)(I). 15 (4) SECRETARY.—The term ‘‘Secretary’’ means 16 described in items (aa) the Secretary of Labor. 17 (5) STATE.—The term ‘‘State’’ includes the 18 District of Columbia, the Commonwealth of Puerto 19 Rico, the Virgin Islands, Guam, American Samoa, 20 the Commonwealth of the Northern Mariana Is- 21 lands, the Federated States of Micronesia, the Re- 22 public of the Marshall Islands, and the Republic of 23 Palau. 24 (b) ASSISTANCE 25 OF FOR UNEMPLOYMENT AS A RESULT COVID-19.—Subject to subsection (c), the Secretary BAI20215 S.L.C. 89 1 shall provide to any covered individual unemployment ben2 efit assistance while such individual is unemployed, par3 tially unemployed, or unable to work for the weeks of such 4 unemployment with respect to which the individual is not 5 entitled to any other unemployment compensation (as that 6 term is defined in section 85(b) of title 26, United States 7 Code) or waiting period credit. 8 9 (c) APPLICABILITY.— (1) IN GENERAL.—Except as provided in para- 10 graph (2), the assistance authorized under sub- 11 section (b) shall be available to a covered indi- 12 vidual— 13 (A) for weeks of unemployment, partial un- 14 employment, or inability to work caused by 15 COVID–19— 16 17 (i) beginning on or after January 27, 2020; and 18 (ii) ending on or before December 31, 19 2020; and 20 (B) subject to subparagraph (A)(ii), as 21 long as the covered individual’s unemployment, 22 partial unemployment, or inability to work 23 caused by COVID–19 continues. 24 (2) LIMITATION 25 ANCE.—The ON DURATION OF ASSIST- total number of weeks for which a cov- BAI20215 S.L.C. 90 1 ered individual may receive assistance under this 2 section shall not exceed 39 weeks and such total 3 shall include any week for which the covered indi- 4 vidual received regular compensation or extended 5 benefits under any Federal or State law, except that 6 if after the date of enactment of this Act, the dura- 7 tion of extended benefits is extended, the 39-week 8 period described in this paragraph shall be extended 9 by the number of weeks that is equal to the number 10 of weeks by which the extended benefits were ex- 11 tended. 12 (3) ASSISTANCE FOR UNEMPLOYMENT BEFORE 13 DATE OF ENACTMENT.—The 14 lish a process for making assistance under this sec- 15 tion available for weeks beginning on or after Janu- 16 ary 27, 2020, and before the date of enactment of 17 this Act. 18 (d) AMOUNT OF ASSISTANCE.— 19 (1) IN GENERAL.—The Secretary shall estab- assistance authorized 20 under subsection (b) for a week of unemployment, 21 partial unemployment, or inability to work shall 22 be— 23 (A)(i) the weekly benefit amount author- 24 ized under the unemployment compensation law 25 of the State where the covered individual was BAI20215 S.L.C. 91 1 employed, except that the amount may not be 2 less than the minimum weekly benefit amount 3 described in section 625.6 of title 20, Code of 4 Federal Regulations, or any successor thereto; 5 and 6 (ii) the amount of Federal Pandemic Un- 7 employment Compensation under section 2104; 8 and 9 (B) in the case of an increase of the week- 10 ly benefit amount after the date of enactment 11 of this Act, increased in an amount equal to 12 such increase. 13 (2) CALCULATIONS 14 COVERED INDIVIDUALS.—In 15 individual who is self-employed, who lives in a terri- 16 tory described in subsection (c) or (d) of section 17 625.6 of title 20, Code of Federal Regulations, or 18 who would not otherwise qualify for unemployment 19 compensation under State law, the assistance au- 20 thorized under subsection (b) for a week of unem- 21 ployment shall be calculated in accordance with sec- 22 tion 625.6 of title 20, Code of Federal Regulations, 23 or any successor thereto, and shall be increased by 24 the amount of Federal Pandemic Unemployment 25 Compensation under section 2104. OF AMOUNTS FOR CERTAIN the case of a covered BAI20215 S.L.C. 92 1 (3) ALLOWABLE METHODS OF PAYMENT.—Any 2 assistance provided for in accordance with para- 3 graph (1)(A)(ii) shall be payable either— 4 (A) as an amount which is paid at the 5 same time and in the same manner as the as- 6 sistance provided for in paragraph (1)(A)(i) is 7 payable for the week involved; or 8 (B) at the option of the State, by pay- 9 ments which are made separately from, but on 10 the same weekly basis as, any assistance pro- 11 vided for in paragraph (1)(A)(i). 12 (e) WAIVER OF STATE REQUIREMENT.—Notwith- 13 standing State law, for purposes of assistance authorized 14 under this section, compensation under this Act shall be 15 made to an individual otherwise eligible for such com16 pensation without any waiting period. 17 18 (f) AGREEMENTS WITH STATES.— (1) IN GENERAL.—The Secretary shall provide 19 the assistance authorized under subsection (b) 20 through agreements with States which, in the judg- 21 ment of the Secretary, have an adequate system for 22 administering such assistance through existing State 23 agencies. 24 25 (2) PAYMENTS TO STATES.—There shall be paid to each State which has entered into an agree- BAI20215 S.L.C. 93 1 ment under this subsection an amount equal to 100 2 percent of— 3 (A) the total amount of assistance provided 4 by the State pursuant to such agreement; and 5 (B) any additional administrative expenses 6 incurred by the State by reason of such agree- 7 ment (as determined by the Secretary), includ- 8 ing any administrative expenses necessary to fa- 9 cilitate processing of applications for assistance 10 under this section online or by telephone rather 11 than in-person. 12 (3) TERMS OF PAYMENTS.—Sums payable to 13 any State by reason of such State’s having an agree- 14 ment under this subsection shall be payable, either 15 in advance or by way of reimbursement (as deter- 16 mined by the Secretary), in such amounts as the 17 Secretary estimates the State will be entitled to re- 18 ceive under this subsection for each calendar month, 19 reduced or increased, as the case may be, by any 20 amount by which the Secretary finds that his esti- 21 mates for any prior calendar month were greater or 22 less than the amounts which should have been paid 23 to the State. Such estimates may be made on the 24 basis of such statistical, sampling, or other method BAI20215 S.L.C. 94 1 as may be agreed upon by the Secretary and the 2 State agency of the State involved. 3 (g) FUNDING.— 4 5 (1) ASSISTANCE.— (A) IN GENERAL.—Funds in the extended 6 unemployment compensation account (as estab- 7 lished by section 905(a) of the Social Security 8 Act (42 U.S.C. 1105(a)) of the Unemployment 9 Trust Fund (as established by section 904(a) of 10 such Act (42 U.S.C. 1104(a)) shall be used to 11 make payments to States pursuant to sub- 12 section (f)(2)(A). 13 (B) TRANSFER OF FUNDS.—Notwith- 14 standing any other provision of law, the Sec- 15 retary of the Treasury shall transfer from the 16 general fund of the Treasury (from funds not 17 otherwise appropriated) to the extended unem- 18 ployment compensation account such sums as 19 the Secretary of Labor estimates to be nec- 20 essary to make payments described in subpara- 21 graph (A). There are appropriated from the 22 general fund of the Treasury, without fiscal 23 year limitation, the sums referred to in the pre- 24 ceding sentence and such sums shall not be re- 25 quired to be repaid. BAI20215 S.L.C. 95 1 2 (2) ADMINISTRATIVE (A) IN EXPENSES.— GENERAL.—Funds in the employ- 3 ment security administration account (as estab- 4 lished by section 901(a) of the Social Security 5 Act (42 U.S.C. 1105(a)) of the Unemployment 6 Trust Fund (as established by section 904(a) of 7 such Act (42 U.S.C. 1104(a)) shall be used to 8 make payments to States pursuant to sub- 9 section (f)(2)(B). 10 (B) TRANSFER OF FUNDS.—Notwith- 11 standing any other provision of law, the Sec- 12 retary of the Treasury shall transfer from the 13 general fund of the Treasury (from funds not 14 otherwise appropriated) to the employment se- 15 curity administration account such sums as the 16 Secretary of Labor estimates to be necessary to 17 make payments described in subparagraph (A). 18 There are appropriated from the general fund 19 of the Treasury, without fiscal year limitation, 20 the sums referred to in the preceding sentence 21 and such sums shall not be required to be re- 22 paid. 23 (3) CERTIFICATIONS.—The Secretary of Labor 24 shall from time to time certify to the Secretary of BAI20215 S.L.C. 96 1 the Treasury for payment to each State the sums 2 payable to such State under paragraphs (1) and (2). 3 (h) RELATIONSHIP BETWEEN PANDEMIC UNEM- 4 PLOYMENT ASSISTANCE AND DISASTER UNEMPLOYMENT 5 ASSISTANCE.—Except as otherwise provided in this sec6 tion or to the extent there is a conflict between this section 7 and section 625 of title 20, Code of Federal Regulations, 8 such section 625 shall apply to this section as if— 9 (1) the term ‘‘COVID–19 public health emer- 10 gency’’ were substituted for the term ‘‘major dis- 11 aster’’ each place it appears in such section 625; and 12 (2) the term ‘‘pandemic’’ were substituted for 13 the term ‘‘disaster’’ each place it appears in such 14 section 625. 15 SEC. 2103. EMERGENCY UNEMPLOYMENT RELIEF FOR GOV- 16 ERNMENTAL ENTITIES AND NONPROFIT OR- 17 GANIZATIONS. 18 (a) FLEXIBILITY IN PAYING REIMBURSEMENT.—The 19 Secretary of Labor may issue clarifying guidance to allow 20 States to interpret their State unemployment compensa21 tion laws in a manner that would provide maximum flexi22 bility to reimbursing employers as it relates to timely pay23 ment and assessment of penalties and interest pursuant 24 to such State laws. BAI20215 S.L.C. 97 1 (b) FEDERAL FUNDING.—Section 903 of the Social 2 Security Act (42 U.S.C. 1103) is amended by adding at 3 the end the following: 4 ‘‘Transfers for Federal Reimbursement of State 5 Unemployment Funds 6 ‘‘(i)(1)(A) In addition to any other amounts, the Sec- 7 retary of Labor shall provide for the transfer of funds dur8 ing the applicable period to the accounts of the States in 9 the Unemployment Trust Fund, by transfer from amounts 10 reserved for that purpose in the Federal unemployment 11 account, in accordance with the succeeding provisions of 12 this subsection. 13 ‘‘(B) The amount of funds transferred to the account 14 of a State under subparagraph (A) during the applicable 15 period shall, as determined by the Secretary of Labor, be 16 equal to one-half of the amounts of compensation (as de17 fined in section 3306(h) of the Internal Revenue Code of 18 1986) attributable under the State law to service to which 19 section 3309(a)(1) of such Code applies that were paid 20 by the State for weeks of unemployment beginning and 21 ending during such period. Such transfers shall be made 22 at such times as the Secretary of Labor considers appro23 priate. 24 ‘‘(C) Notwithstanding any other law, funds trans- 25 ferred to the account of a State under subparagraph (A) BAI20215 S.L.C. 98 1 shall be used exclusively to reimburse governmental enti2 ties and other organizations described in section 3 3309(a)(2) of such Code for amounts paid (in lieu of con4 tributions) into the State unemployment fund pursuant to 5 such section. 6 ‘‘(D) For purposes of this paragraph, the term ‘appli- 7 cable period’ means the period beginning on March 13, 8 2020, and ending on December 31, 2020. 9 ‘‘(2)(A) Notwithstanding any other provision of law, 10 the Secretary of the Treasury shall transfer from the gen11 eral fund of the Treasury (from funds not otherwise ap12 propriated) to the Federal unemployment account such 13 sums as the Secretary of Labor estimates to be necessary 14 for purposes of making the transfers described in para15 graph (1). 16 ‘‘(B) There are appropriated from the general fund 17 of the Treasury, without fiscal year limitation, the sums 18 referred to in subparagraph (A) and such sums shall not 19 be required to be repaid.’’. 20 SEC. 2104. EMERGENCY INCREASE IN UNEMPLOYMENT 21 22 COMPENSATION BENEFITS. (a) FEDERAL-STATE AGREEMENTS.—Any State 23 which desires to do so may enter into and participate in 24 an agreement under this section with the Secretary of 25 Labor (in this section referred to as the ‘‘Secretary’’). Any BAI20215 S.L.C. 99 1 State which is a party to an agreement under this section 2 may, upon providing 30 days’ written notice to the Sec3 retary, terminate such agreement. 4 (b) PROVISIONS OF AGREEMENT.— 5 (1) FEDERAL PANDEMIC UNEMPLOYMENT COM- 6 PENSATION.—Any agreement under this section 7 shall provide that the State agency of the State will 8 make payments of regular compensation to individ- 9 uals in amounts and to the extent that they would 10 be determined if the State law of the State were ap- 11 plied, with respect to any week for which the indi- 12 vidual is (disregarding this section) otherwise enti- 13 tled under the State law to receive regular com- 14 pensation, as if such State law had been modified in 15 a manner such that the amount of regular com- 16 pensation (including dependents’ allowances) payable 17 for any week shall be equal to— 18 (A) the amount determined under the 19 State law (before the application of this para- 20 graph), plus 21 (B) an additional amount of $600 (in this 22 section referred to as ‘‘Federal Pandemic Un- 23 employment Compensation’’). 24 (2) ALLOWABLE 25 METHODS OF PAYMENT.—Any Federal Pandemic Unemployment Compensation BAI20215 S.L.C. 100 1 provided for in accordance with paragraph (1) shall 2 be payable either— 3 (A) as an amount which is paid at the 4 same time and in the same manner as any reg- 5 ular compensation otherwise payable for the 6 week involved; or 7 (B) at the option of the State, by pay- 8 ments which are made separately from, but on 9 the same weekly basis as, any regular com- 10 11 12 pensation otherwise payable. (c) NONREDUCTION RULE.— (1) IN GENERAL.—An agreement under this 13 section shall not apply (or shall cease to apply) with 14 respect to a State upon a determination by the Sec- 15 retary that the method governing the computation of 16 regular compensation under the State law of that 17 State has been modified in a manner such that the 18 number of weeks (the maximum benefit entitlement), 19 or the average weekly benefit amount, of regular 20 compensation which will be payable during the pe- 21 riod of the agreement (determined disregarding any 22 Federal Pandemic Unemployment Compensation) 23 will be less than the number of weeks, or the aver- 24 age weekly benefit amount, of the average weekly 25 benefit amount of regular compensation which would BAI20215 S.L.C. 101 1 otherwise have been payable during such period 2 under the State law, as in effect on January 1, 3 2020. 4 (2) MAXIMUM BENEFIT ENTITLEMENT.—In 5 paragraph (1), the term ‘‘maximum benefit entitle- 6 ment’’ means the amount of regular unemployment 7 compensation payable to an individual with respect 8 to the individual’s benefit year. 9 (d) PAYMENTS TO STATES.— 10 11 (1) IN GENERAL.— (A) FULL REIMBURSEMENT.—There shall 12 be paid to each State which has entered into an 13 agreement under this section an amount equal 14 to 100 percent of— 15 (i) the total amount of Federal Pan- 16 demic Unemployment Compensation paid 17 to individuals by the State pursuant to 18 such agreement; and 19 (ii) any additional administrative ex- 20 penses incurred by the State by reason of 21 such agreement (as determined by the Sec- 22 retary). 23 (B) TERMS OF PAYMENTS.—Sums payable 24 to any State by reason of such State’s having 25 an agreement under this section shall be pay- BAI20215 S.L.C. 102 1 able, either in advance or by way of reimburse- 2 ment (as determined by the Secretary), in such 3 amounts as the Secretary estimates the State 4 will be entitled to receive under this section for 5 each calendar month, reduced or increased, as 6 the case may be, by any amount by which the 7 Secretary finds that his estimates for any prior 8 calendar month were greater or less than the 9 amounts which should have been paid to the 10 State. Such estimates may be made on the 11 basis of such statistical, sampling, or other 12 method as may be agreed upon by the Secretary 13 and the State agency of the State involved. 14 (2) CERTIFICATIONS.—The Secretary shall 15 from time to time certify to the Secretary of the 16 Treasury for payment to each State the sums pay- 17 able to such State under this section. 18 (3) APPROPRIATION.—There are appropriated 19 from the general fund of the Treasury, without fiscal 20 year limitation, such sums as may be necessary for 21 purposes of this subsection. 22 (e) APPLICABILITY.—An agreement entered into 23 under this section shall apply to weeks of unemployment— 24 25 (1) beginning after the date on which such agreement is entered into; and BAI20215 S.L.C. 103 1 2 3 (2) ending on or before July 31, 2020. (f) FRAUD AND OVERPAYMENTS.— (1) IN GENERAL.—If an individual knowingly 4 has made, or caused to be made by another, a false 5 statement or representation of a material fact, or 6 knowingly has failed, or caused another to fail, to 7 disclose a material fact, and as a result of such false 8 statement or representation or of such nondisclosure 9 such individual has received an amount of Federal 10 Pandemic Unemployment Compensation to which 11 such individual was not entitled, such individual— 12 (A) shall be ineligible for further Federal 13 Pandemic Unemployment Compensation in ac- 14 cordance with the provisions of the applicable 15 State unemployment compensation law relating 16 to fraud in connection with a claim for unem- 17 ployment compensation; and 18 (B) shall be subject to prosecution under 19 section 1001 of title 18, United States Code. 20 (2) REPAYMENT.—In the case of individuals 21 who have received amounts of Federal Pandemic 22 Unemployment Compensation to which they were 23 not entitled, the State shall require such individuals 24 to repay the amounts of such Federal Pandemic Un- 25 employment Compensation to the State agency, ex- BAI20215 S.L.C. 104 1 cept that the State agency may waive such repay- 2 ment if it determines that— 3 (A) the payment of such Federal Pandemic 4 Unemployment Compensation was without fault 5 on the part of any such individual; and 6 (B) such repayment would be contrary to 7 equity and good conscience. 8 (3) RECOVERY 9 (A) IN BY STATE AGENCY.— GENERAL.—The State agency shall 10 recover the amount to be repaid, or any part 11 thereof, by deductions from any Federal Pan- 12 demic Unemployment Compensation payable to 13 such individual or from any unemployment 14 compensation payable to such individual under 15 any State or Federal unemployment compensa- 16 tion law administered by the State agency or 17 under any other State or Federal law adminis- 18 tered by the State agency which provides for 19 the payment of any assistance or allowance with 20 respect to any week of unemployment, during 21 the 3-year period after the date such individuals 22 received the payment of the Federal Pandemic 23 Unemployment Compensation to which they 24 were not entitled, in accordance with the same 25 procedures as apply to the recovery of overpay- BAI20215 S.L.C. 105 1 ments of regular unemployment benefits paid 2 by the State. 3 (B) OPPORTUNITY FOR HEARING.—No re- 4 payment shall be required, and no deduction 5 shall be made, until a determination has been 6 made, notice thereof and an opportunity for a 7 fair hearing has been given to the individual, 8 and the determination has become final. 9 (4) REVIEW.—Any determination by a State 10 agency under this section shall be subject to review 11 in the same manner and to the same extent as deter- 12 minations under the State unemployment compensa- 13 tion law, and only in that manner and to that ex- 14 tent. 15 (g) APPLICATION TO OTHER UNEMPLOYMENT BENE- 16 FITS.—Each agreement under this section shall include 17 provisions to provide that the purposes of the preceding 18 provisions of this section shall be applied with respect to 19 unemployment benefits described in subsection (i)(2) to 20 the same extent and in the same manner as if those bene21 fits were regular compensation. 22 (h) DISREGARD OF ADDITIONAL COMPENSATION FOR 23 PURPOSES OF MEDICAID AND CHIP.—The monthly 24 equivalent of any Federal pandemic unemployment com25 pensation paid to an individual under this section shall BAI20215 S.L.C. 106 1 be disregarded when determining income for any purpose 2 under the programs established under titles XIX and title 3 XXI of the Social Security Act (42 U.S.C. 1396 et seq., 4 1397aa et seq.) . 5 (i) DEFINITIONS.—For purposes of this section— 6 (1) the terms ‘‘compensation’’, ‘‘regular com- 7 pensation’’, ‘‘benefit year’’, ‘‘State’’, ‘‘State agency’’, 8 ‘‘State law’’, and ‘‘week’’ have the respective mean- 9 ings given such terms under section 205 of the Fed- 10 eral-State Extended Unemployment Compensation 11 Act of 1970 (26 U.S.C. 3304 note); and 12 (2) any reference to unemployment benefits de- 13 scribed in this paragraph shall be considered to refer 14 to— 15 (A) extended compensation (as defined by 16 section 205 of the Federal-State Extended Un- 17 employment Compensation Act of 1970); 18 (B) regular compensation (as defined by 19 section 85(b) of the Internal Revenue Code of 20 1986) provided under any program adminis- 21 tered by a State under an agreement with the 22 Secretary; 23 24 (C) pandemic unemployment assistance under section 2102; and BAI20215 S.L.C. 107 1 (D) pandemic emergency unemployment 2 compensation under section 2107. 3 SEC. 2105. TEMPORARY FULL FEDERAL FUNDING OF THE 4 FIRST WEEK OF COMPENSABLE REGULAR 5 UNEMPLOYMENT FOR STATES WITH NO WAIT- 6 ING WEEK. 7 (a) FEDERAL-STATE AGREEMENTS.—Any State 8 which desires to do so may enter into and participate in 9 an agreement under this section with the Secretary of 10 Labor (in this section referred to as the ‘‘Secretary’’). Any 11 State which is a party to an agreement under this section 12 may, upon providing 30 days’ written notice to the Sec13 retary, terminate such agreement. 14 (b) REQUIREMENT THAT STATE LAW DOES NOT 15 APPLY A WAITING WEEK.—A State is eligible to enter 16 into an agreement under this section if the State law (in17 cluding a waiver of State law) provides that compensation 18 is paid to individuals for their first week of regular unem19 ployment without a waiting week. An agreement under 20 this section shall not apply (or shall cease to apply) with 21 respect to a State upon a determination by the Secretary 22 that the State law no longer meets the requirement under 23 the preceding sentence. 24 (c) PAYMENTS TO STATES.— BAI20215 S.L.C. 108 1 (1) FULL REIMBURSEMENT.—There shall be 2 paid to each State which has entered into an agree- 3 ment under this section an amount equal to 100 per- 4 cent of— 5 (A) the total amount of regular compensa- 6 tion paid to individuals by the State for their 7 first week of regular unemployment; and 8 (B) any additional administrative expenses 9 incurred by the State by reason of such agree- 10 ment (as determined by the Secretary). 11 (2) TERMS OF PAYMENTS.—Sums payable to 12 any State by reason of such State’s having an agree- 13 ment under this section shall be payable, either in 14 advance or by way of reimbursement (as determined 15 by the Secretary), in such amounts as the Secretary 16 estimates the State will be entitled to receive under 17 this section for each calendar month, reduced or in- 18 creased, as the case may be, by any amount by 19 which the Secretary finds that his estimates for any 20 prior calendar month were greater or less than the 21 amounts which should have been paid to the State. 22 Such estimates may be made on the basis of such 23 statistical, sampling, or other method as may be 24 agreed upon by the Secretary and the State agency 25 of the State involved. BAI20215 S.L.C. 109 1 2 3 (d) FUNDING.— (1) COMPENSATION.— (A) IN GENERAL.—Funds in the Federal 4 unemployment account (as established by sec- 5 tion 905(g)) of the Unemployment Trust Fund 6 (as established by section 904(a)) shall be used 7 to make payments under subsection (c)(1)(A). 8 (B) TRANSFER OF FUNDS.—Notwith- 9 standing any other provision of law, the Sec- 10 retary of the Treasury shall transfer from the 11 general fund of the Treasury (from funds not 12 otherwise appropriated) to the Federal unem- 13 ployment account such sums as the Secretary of 14 Labor estimates to be necessary to make pay- 15 ments described in subparagraph (A). There 16 are appropriated from the general fund of the 17 Treasury, without fiscal year limitation, the 18 sums referred to in the preceding sentence and 19 such sums shall not be required to be repaid. 20 (2) ADMINISTRATIVE 21 (A) IN EXPENSES.— GENERAL.—Funds in the employ- 22 ment security administration account (as estab- 23 lished by section 901(a) of the Social Security 24 Act (42 U.S.C. 1105(a)) of the Unemployment 25 Trust Fund (as established by section 904(a) of BAI20215 S.L.C. 110 1 such Act (42 U.S.C. 1104(a)) shall be used to 2 make payments to States pursuant to sub- 3 section (c)(1)(B). 4 (B) TRANSFER OF FUNDS.—Notwith- 5 standing any other provision of law, the Sec- 6 retary of the Treasury shall transfer from the 7 general fund of the Treasury (from funds not 8 otherwise appropriated) to the employment se- 9 curity administration account such sums as the 10 Secretary of Labor estimates to be necessary to 11 make payments described in subparagraph (A). 12 There are appropriated from the general fund 13 of the Treasury, without fiscal year limitation, 14 the sums referred to in the preceding sentence 15 and such sums shall not be required to be re- 16 paid. 17 (3) CERTIFICATIONS.—The Secretary shall 18 from time to time certify to the Secretary of the 19 Treasury for payment to each State the sums pay- 20 able to such State under this section. 21 (e) APPLICABILITY.—An agreement entered into 22 under this section shall apply to weeks of unemployment— 23 24 25 (1) beginning after the date on which such agreement is entered into; and (2) ending on or before December 31, 2020. BAI20215 S.L.C. 111 1 (f) FRAUD AND OVERPAYMENTS.—The provisions of 2 section 2107(e) shall apply with respect to compensation 3 paid under an agreement under this section to the same 4 extent and in the same manner as in the case of pandemic 5 emergency unemployment compensation under such sec6 tion. 7 (g) DEFINITIONS.—For purposes of this section, the 8 terms ‘‘regular compensation’’, ‘‘State’’, ‘‘State agency’’, 9 ‘‘State law’’, and ‘‘week’’ have the respective meanings 10 given such terms under section 205 of the Federal-State 11 Extended Unemployment Compensation Act of 1970 (26 12 U.S.C. 3304 note). 13 14 SEC. 2106. EMERGENCY STATE STAFFING FLEXIBILITY. Section 4102(b) of the Emergency Unemployment 15 Stabilization and Access Act of 2020 (contained in division 16 D of the Families First Coronavirus Response Act) is 17 amended— 18 (1) by striking ‘‘or employer experience rating’’ 19 and inserting ‘‘employer experience rating, or, sub- 20 ject to the succeeding sentence, personnel standards 21 on a merit basis’’; and 22 (2) by adding at the end the following new sen- 23 tence: ‘‘The emergency flexibility for personnel 24 standards on a merit basis shall only apply through 25 December 31, 2020, and is limited to engaging of BAI20215 S.L.C. 112 1 temporary staff, rehiring of retirees or former em- 2 ployees on a non-competitive basis, and other tem- 3 porary actions to quickly process applications and 4 claims.’’. 5 6 7 8 SEC. 2107. PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION. (a) FEDERAL-STATE AGREEMENTS.— (1) IN GENERAL.—Any State which desires to 9 do so may enter into and participate in an agree- 10 ment under this section with the Secretary of Labor 11 (in this section referred to as the ‘‘Secretary’’). Any 12 State which is a party to an agreement under this 13 section may, upon providing 30 days’ written notice 14 to the Secretary, terminate such agreement. 15 (2) PROVISIONS OF AGREEMENT.—Any agree- 16 ment under paragraph (1) shall provide that the 17 State agency of the State will make payments of 18 pandemic emergency unemployment compensation to 19 individuals who— 20 (A) have exhausted all rights to regular 21 compensation under the State law or under 22 Federal law with respect to a benefit year (ex- 23 cluding any benefit year that ended before 24 July1, 2019); BAI20215 S.L.C. 113 1 (B) have no rights to regular compensation 2 with respect to a week under such law or any 3 other State unemployment compensation law or 4 to compensation under any other Federal law; 5 (C) are not receiving compensation with 6 respect to such week under the unemployment 7 compensation law of Canada; and 8 9 10 (D) are able to work, available to work, and actively seeking work. (3) EXHAUSTION OF BENEFITS.—For purposes 11 of paragraph (2)(A), an individual shall be deemed 12 to have exhausted such individual’s rights to regular 13 compensation under a State law when— 14 (A) no payments of regular compensation 15 can be made under such law because such indi- 16 vidual has received all regular compensation 17 available to such individual based on employ- 18 ment or wages during such individual’s base pe- 19 riod; or 20 (B) such individual’s rights to such com- 21 pensation have been terminated by reason of 22 the expiration of the benefit year with respect 23 to which such rights existed. 24 (4) WEEKLY 25 BENEFIT AMOUNT, ETC.—For purposes of any agreement under this section— BAI20215 S.L.C. 114 1 (A) the amount of pandemic emergency 2 unemployment compensation which shall be 3 payable to any individual for any week of total 4 unemployment shall be equal to— 5 (i) the amount of the regular com- 6 pensation (including dependents’ allow- 7 ances) payable to such individual during 8 such individual’s benefit year under the 9 State law for a week of total unemploy- 10 ment; and 11 (ii) the amount of Federal Pandemic 12 Unemployment Compensation under sec- 13 tion 2104; 14 (B) the terms and conditions of the State 15 law which apply to claims for regular compensa- 16 tion and to the payment thereof (including 17 terms and conditions relating to availability for 18 work, active search for work, and refusal to ac- 19 cept work) shall apply to claims for pandemic 20 emergency unemployment compensation and the 21 payment thereof, except where otherwise incon- 22 sistent with the provisions of this section or 23 with the regulations or operating instructions of 24 the Secretary promulgated to carry out this sec- 25 tion; BAI20215 S.L.C. 115 1 (C) the maximum amount of pandemic 2 emergency unemployment compensation payable 3 to any individual for whom an pandemic emer- 4 gency unemployment compensation account is 5 established under subsection (b) shall not ex- 6 ceed the amount established in such account for 7 such individual; and 8 (D) the allowable methods of payment 9 under section 2104(b)(2) shall apply to pay- 10 ments of amounts described in subparagraph 11 (A)(ii). 12 (5) COORDINATION RULE.—An agreement 13 under this section shall apply with respect to a State 14 only upon a determination by the Secretary that, 15 under the State law or other applicable rules of such 16 State, the payment of extended compensation for 17 which an individual is otherwise eligible must be de- 18 ferred until after the payment of any pandemic 19 emergency unemployment compensation under sub- 20 section (b) for which the individual is concurrently 21 eligible. 22 23 (6) NONREDUCTION (A) IN RULE.— GENERAL.—An agreement under 24 this section shall not apply (or shall cease to 25 apply) with respect to a State upon a deter- BAI20215 S.L.C. 116 1 mination by the Secretary that the method gov- 2 erning the computation of regular compensation 3 under the State law of that State has been 4 modified in a manner such that the number of 5 weeks (the maximum benefit entitlement), or 6 the average weekly benefit amount, of regular 7 compensation which will be payable during the 8 period of the agreement will be less than the 9 number of weeks, or the average weekly benefit 10 amount, of the average weekly benefit amount 11 of regular compensation which would otherwise 12 have been payable during such period under the 13 State law, as in effect on January 1, 2020. 14 (B) MAXIMUM BENEFIT ENTITLEMENT.— 15 In subparagraph (A), the term ‘‘maximum ben- 16 efit entitlement’’ means the amount of regular 17 unemployment compensation payable to an indi- 18 vidual with respect to the individual’s benefit 19 year. 20 (7) ACTIVELY 21 (A) IN SEEKING WORK.— GENERAL.—Subject to subpara- 22 graph (C), for purposes of paragraph (2)(D), 23 the term ‘‘actively seeking work’’ means, with 24 respect to any individual, that such individual— BAI20215 S.L.C. 117 1 (i) is registered for employment serv- 2 ices in such a manner and to such extent 3 as prescribed by the State agency; 4 (ii) has engaged in an active search 5 for employment that is appropriate in light 6 of the employment available in the labor 7 market, the individual’s skills and capabili- 8 ties, and includes a number of employer 9 contacts that is consistent with the stand- 10 ards communicated to the individual by the 11 State; 12 (iii) has maintained a record of such 13 work search, including employers con- 14 tacted, method of contact, and date con- 15 tacted; and 16 (iv) when requested, has provided 17 such work search record to the State agen- 18 cy. 19 (B) FLEXIBILITY.—Notwithstanding the 20 requirements under subparagraph (A) and 21 paragraph (2)(D), a State shall provide flexi- 22 bility in meeting such requirements in case of 23 individuals unable to search for work because of 24 COVID-19, including because of illness, quar- 25 antine, or movement restriction. BAI20215 S.L.C. 118 1 2 3 (b) PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT.— (1) IN GENERAL.—Any agreement under this 4 section shall provide that the State will establish, for 5 each eligible individual who files an application for 6 pandemic emergency unemployment compensation, 7 an pandemic emergency unemployment compensa- 8 tion account with respect to such individual’s benefit 9 year. 10 (2) AMOUNT IN ACCOUNT.—The amount estab- 11 lished in an account under subsection (a) shall be 12 equal to 13 times the individual’s average weekly 13 benefit amount, which includes the amount of Fed- 14 eral Pandemic Unemployment Compensation under 15 section 2104, for the benefit year. 16 (3) WEEKLY BENEFIT AMOUNT.—For purposes 17 of this subsection, an individual’s weekly benefit 18 amount for any week is the amount of regular com- 19 pensation (including dependents’ allowances) under 20 the State law payable to such individual for such 21 week for total unemployment plus the amount of 22 Federal Pandemic Unemployment Compensation 23 under section 2104. BAI20215 S.L.C. 119 1 (c) PAYMENTS TO STATES HAVING AGREEMENTS PAYMENT OF PANDEMIC EMERGENCY UNEM- 2 FOR THE 3 PLOYMENT 4 COMPENSATION.— (1) IN GENERAL.—There shall be paid to each 5 State that has entered into an agreement under this 6 section an amount equal to 100 percent of the pan- 7 demic emergency unemployment compensation paid 8 to individuals by the State pursuant to such agree- 9 ment. 10 (2) TREATMENT OF REIMBURSABLE COMPENSA- 11 TION.—No 12 under this section in respect of any compensation to 13 the extent the State is entitled to reimbursement in 14 respect of such compensation under the provisions of 15 any Federal law other than this section or chapter 16 85 of title 5, United States Code. A State shall not 17 be entitled to any reimbursement under such chapter 18 85 in respect of any compensation to the extent the 19 State is entitled to reimbursement under this section 20 in respect of such compensation. 21 payment shall be made to any State (3) DETERMINATION OF AMOUNT.—Sums pay- 22 able to any State by reason of such State having an 23 agreement under this section shall be payable, either 24 in advance or by way of reimbursement (as may be 25 determined by the Secretary), in such amounts as BAI20215 S.L.C. 120 1 the Secretary estimates the State will be entitled to 2 receive under this section for each calendar month, 3 reduced or increased, as the case may be, by any 4 amount by which the Secretary finds that the Sec- 5 retary’s estimates for any prior calendar month were 6 greater or less than the amounts which should have 7 been paid to the State. Such estimates may be made 8 on the basis of such statistical, sampling, or other 9 method as may be agreed upon by the Secretary and 10 the State agency of the State involved. 11 (d) FINANCING PROVISIONS.— 12 13 (1) COMPENSATION.— (A) IN GENERAL.—Funds in the extended 14 unemployment compensation account (as estab- 15 lished by section 905(a) of the Social Security 16 Act (42 U.S.C. 1105(a)) of the Unemployment 17 Trust Fund (as established by section 904(a) of 18 such Act (42 U.S.C. 1104(a)) shall be used for 19 the making of payments to States having agree- 20 ments entered into under this section. 21 (B) TRANSFER OF FUNDS.—Notwith- 22 standing any other provision of law, the Sec- 23 retary of the Treasury shall transfer from the 24 general fund of the Treasury (from funds not 25 otherwise appropriated) to the extended unem- BAI20215 S.L.C. 121 1 ployment compensation account such sums as 2 the Secretary of Labor estimates to be nec- 3 essary to make payments described in subpara- 4 graph (A). There are appropriated from the 5 general fund of the Treasury, without fiscal 6 year limitation, the sums referred to in the pre- 7 ceding sentence and such sums shall not be re- 8 quired to be repaid. 9 (2) ADMINISTRATION.— 10 (A) IN GENERAL.—There are appropriated 11 out of the employment security administration 12 account (as established by section 901(a) of the 13 Social Security Act (42 U.S.C. 1101(a)) of the 14 Unemployment Trust Fund, without fiscal year 15 limitation, such funds as may be necessary for 16 purposes of assisting States (as provided in title 17 III of the Social Security Act (42 U.S.C. 501 18 et seq.)) in meeting the costs of administration 19 of agreements under this section. 20 (B) TRANSFER OF FUNDS.—Notwith- 21 standing any other provision of law, the Sec- 22 retary of the Treasury shall transfer from the 23 general fund of the Treasury (from funds not 24 otherwise appropriated) to the employment se- 25 curity administration account such sums as the BAI20215 S.L.C. 122 1 Secretary of Labor estimates to be necessary to 2 make payments described in subparagraph (A). 3 There are appropriated from the general fund 4 of the Treasury, without fiscal year limitation, 5 the sums referred to in the preceding sentence 6 and such sums shall not be required to be re- 7 paid. 8 (3) CERTIFICATION.—The Secretary shall from 9 time to time certify to the Secretary of the Treasury 10 for payment to each State the sums payable to such 11 State under this subsection. The Secretary of the 12 Treasury, prior to audit or settlement by the Gov- 13 ernment Accountability Office, shall make payments 14 to the State in accordance with such certification, by 15 transfers from the extended unemployment com- 16 pensation account (as so established) to the account 17 of such State in the Unemployment Trust Fund (as 18 so established). 19 (e) FRAUD AND OVERPAYMENTS.— 20 (1) IN GENERAL.—If an individual knowingly 21 has made, or caused to be made by another, a false 22 statement or representation of a material fact, or 23 knowingly has failed, or caused another to fail, to 24 disclose a material fact, and as a result of such false 25 statement or representation or of such nondisclosure BAI20215 S.L.C. 123 1 such individual has received an amount of pandemic 2 emergency unemployment compensation under this 3 section to which such individual was not entitled, 4 such individual— 5 (A) shall be ineligible for further pandemic 6 emergency unemployment compensation under 7 this section in accordance with the provisions of 8 the applicable State unemployment compensa- 9 tion law relating to fraud in connection with a 10 11 claim for unemployment compensation; and (B) shall be subject to prosecution under 12 section 1001 of title 18, United States Code. 13 (2) REPAYMENT.—In the case of individuals 14 who have received amounts of pandemic emergency 15 unemployment compensation under this section to 16 which they were not entitled, the State shall require 17 such individuals to repay the amounts of such pan- 18 demic emergency unemployment compensation to the 19 State agency, except that the State agency may 20 waive such repayment if it determines that— 21 (A) the payment of such pandemic emer- 22 gency unemployment compensation was without 23 fault on the part of any such individual; and 24 25 (B) such repayment would be contrary to equity and good conscience. BAI20215 S.L.C. 124 1 2 (3) RECOVERY (A) IN BY STATE AGENCY.— GENERAL.—The State agency shall 3 recover the amount to be repaid, or any part 4 thereof, by deductions from any pandemic 5 emergency unemployment compensation payable 6 to such individual under this section or from 7 any unemployment compensation payable to 8 such individual under any State or Federal un- 9 employment compensation law administered by 10 the State agency or under any other State or 11 Federal law administered by the State agency 12 which provides for the payment of any assist- 13 ance or allowance with respect to any week of 14 unemployment, during the 3-year period after 15 the date such individuals received the payment 16 of the pandemic emergency unemployment com- 17 pensation to which they were not entitled, in ac- 18 cordance with the same procedures as apply to 19 the recovery of overpayments of regular unem- 20 ployment benefits paid by the State. 21 (B) OPPORTUNITY FOR HEARING.—No re- 22 payment shall be required, and no deduction 23 shall be made, until a determination has been 24 made, notice thereof and an opportunity for a BAI20215 S.L.C. 125 1 fair hearing has been given to the individual, 2 and the determination has become final. 3 (4) REVIEW.—Any determination by a State 4 agency under this section shall be subject to review 5 in the same manner and to the same extent as deter- 6 minations under the State unemployment compensa- 7 tion law, and only in that manner and to that ex- 8 tent. 9 (f) DEFINITIONS.—In this section, the terms ‘‘com- 10 pensation’’, ‘‘regular compensation’’, ‘‘extended compensa11 tion’’, ‘‘benefit year’’, ‘‘base period’’, ‘‘State’’, ‘‘State 12 agency’’, ‘‘State law’’, and ‘‘week’’ have the respective 13 meanings given such terms under section 205 of the Fed14 eral-State Extended Unemployment Compensation Act of 15 1970 (26 U.S.C. 3304 note). 16 (g) APPLICABILITY.—An agreement entered into 17 under this section shall apply to weeks of unemployment— 18 19 20 (1) beginning after the date on which such agreement is entered into; and (2) ending on or before December 31, 2020. 21 SEC. 2108. TEMPORARY FINANCING OF SHORT-TIME COM- 22 PENSATION PAYMENTS IN STATES WITH PRO- 23 GRAMS IN LAW. 24 (a) PAYMENTS TO STATES.— BAI20215 S.L.C. 126 1 (1) IN GENERAL.—Subject to paragraph (3), 2 there shall be paid to a State an amount equal to 3 100 percent of the amount of short-time compensa- 4 tion paid under a short-time compensation program 5 (as defined in section 3306(v) of the Internal Rev- 6 enue Code of 1986) under the provisions of the 7 State law. 8 (2) TERMS OF PAYMENTS.—Payments made to 9 a State under paragraph (1) shall be payable by way 10 of reimbursement in such amounts as the Secretary 11 estimates the State will be entitled to receive under 12 this section for each calendar month, reduced or in- 13 creased, as the case may be, by any amount by 14 which the Secretary finds that the Secretary’s esti- 15 mates for any prior calendar month were greater or 16 less than the amounts which should have been paid 17 to the State. Such estimates may be made on the 18 basis of such statistical, sampling, or other method 19 as may be agreed upon by the Secretary and the 20 State agency of the State involved. 21 22 (3) LIMITATIONS ON PAYMENTS.— (A) GENERAL PAYMENT LIMITATIONS.— 23 No payments shall be made to a State under 24 this section for short-time compensation paid to 25 an individual by the State during a benefit year BAI20215 S.L.C. 127 1 in excess of 26 times the amount of regular 2 compensation 3 ances) under the State law payable to such in- 4 dividual for a week of total unemployment. 5 (including (B) EMPLOYER dependents’ LIMITATIONS.—No allow- pay- 6 ments shall be made to a State under this sec- 7 tion for benefits paid to an individual by the 8 State under a short-time compensation program 9 if such individual is employed by the partici- 10 pating employer on a seasonal, temporary, or 11 intermittent basis. 12 (b) APPLICABILITY.—Payments to a State under 13 subsection (a) shall be available for weeks of unemploy14 ment— 15 16 (1) beginning on or after the date of the enactment of this Act; and 17 (2) ending on or before December 31, 2020. 18 (c) NEW PROGRAMS.—Subject to subsection (b)(2), 19 if at any point after the date of the enactment of this Act 20 the State enacts a State law providing for the payment 21 of short-time compensation under a short-time compensa22 tion program that meets the definition of such a program 23 under section 3306(v) of the Internal Revenue Code of 24 1986, the State shall be eligible for payments under this 25 section after the effective date of such enactment. BAI20215 S.L.C. 128 1 (d) FUNDING AND CERTIFICATIONS.— 2 (1) FUNDING.—There are appropriated, out of 3 moneys in the Treasury not otherwise appropriated, 4 such sums as may be necessary for purposes of car- 5 rying out this section. 6 (2) CERTIFICATIONS.—The Secretary shall 7 from time to time certify to the Secretary of the 8 Treasury for payment to each State the sums pay- 9 able to such State under this section. 10 11 12 13 (e) DEFINITIONS.—In this section: (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Labor. (2) STATE; STATE AGENCY; STATE LAW.—The 14 terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’ 15 have the meanings given those terms in section 205 16 of the Federal-State Extended Unemployment Com- 17 pensation Act of 1970 (26 U.S.C. 3304 note). 18 (f) TECHNICAL CORRECTION TO DEFINITION.—Sec- 19 tion 3306(v)(6) of the Internal Revenue Code of 1986 (26 20 U.S.C. 3306) is amended by striking ‘‘Workforce Invest21 ment Act of 1998’’ and inserting ‘‘Workforce Innovation 22 and Opportunity Act’’. 23 24 25 SEC. 2109. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION AGREEMENTS. (a) FEDERAL-STATE AGREEMENTS.— BAI20215 S.L.C. 129 1 (1) IN GENERAL.—Any State which desires to 2 do so may enter into, and participate in, an agree- 3 ment under this section with the Secretary provided 4 that such State’s law does not provide for the pay- 5 ment of short-time compensation under a short-time 6 compensation 7 3306(v) of the Internal Revenue Code of 1986). 8 program (2) ABILITY (as defined TO TERMINATE.—Any in section State which 9 is a party to an agreement under this section may, 10 upon providing 30 days’ written notice to the Sec- 11 retary, terminate such agreement. 12 (b) PROVISIONS 13 (1) IN OF FEDERAL-STATE AGREEMENT.— GENERAL.—Any agreement under this 14 section shall provide that the State agency of the 15 State will make payments of short-time compensa- 16 tion under a plan approved by the State. Such plan 17 shall provide that payments are made in accordance 18 with the requirements under section 3306(v) of the 19 Internal Revenue Code of 1986. 20 21 (2) LIMITATIONS ON PLANS.— (A) GENERAL PAYMENT LIMITATIONS.—A 22 short-time compensation plan approved by a 23 State shall not permit the payment of short- 24 time compensation to an individual by the State 25 during a benefit year in excess of 26 times the BAI20215 S.L.C. 130 1 amount of regular compensation (including de- 2 pendents’ allowances) under the State law pay- 3 able to such individual for a week of total un- 4 employment. 5 (B) EMPLOYER LIMITATIONS.—A short- 6 time compensation plan approved by a State 7 shall not provide payments to an individual if 8 such individual is employed by the participating 9 employer on a seasonal, temporary, or intermit- 10 tent basis. 11 (3) EMPLOYER PAYMENT OF COSTS.—Any 12 short-time compensation plan entered into by an em- 13 ployer must provide that the employer will pay the 14 State an amount equal to one-half of the amount of 15 short-time compensation paid under such plan. Such 16 amount shall be deposited in the State’s unemploy- 17 ment fund and shall not be used for purposes of cal- 18 culating an employer’s contribution rate under sec- 19 tion 3303(a)(1) of the Internal Revenue Code of 20 1986. 21 (c) PAYMENTS TO STATES.— 22 (1) IN GENERAL.—There shall be paid to each 23 State with an agreement under this section an 24 amount equal to— BAI20215 S.L.C. 131 1 (A) one-half of the amount of short-time 2 compensation paid to individuals by the State 3 pursuant to such agreement; and 4 (B) any additional administrative expenses 5 incurred by the State by reason of such agree- 6 ment (as determined by the Secretary). 7 (2) TERMS OF PAYMENTS.—Payments made to 8 a State under paragraph (1) shall be payable by way 9 of reimbursement in such amounts as the Secretary 10 estimates the State will be entitled to receive under 11 this section for each calendar month, reduced or in- 12 creased, as the case may be, by any amount by 13 which the Secretary finds that the Secretary’s esti- 14 mates for any prior calendar month were greater or 15 less than the amounts which should have been paid 16 to the State. Such estimates may be made on the 17 basis of such statistical, sampling, or other method 18 as may be agreed upon by the Secretary and the 19 State agency of the State involved. 20 (3) FUNDING.—There are appropriated, out of 21 moneys in the Treasury not otherwise appropriated, 22 such sums as may be necessary for purposes of car- 23 rying out this section. 24 25 (4) CERTIFICATIONS.—The Secretary shall from time to time certify to the Secretary of the BAI20215 S.L.C. 132 1 Treasury for payment to each State the sums pay- 2 able to such State under this section. 3 (d) APPLICABILITY.—An agreement entered into 4 under this section shall apply to weeks of unemployment— 5 6 (1) beginning on or after the date on which such agreement is entered into; and 7 (2) ending on or before December 31, 2020. 8 (e) SPECIAL RULE.—If a State has entered into an 9 agreement under this section and subsequently enacts a 10 State law providing for the payment of short-time com11 pensation under a short-time compensation program that 12 meets the definition of such a program under section 13 3306(v) of the Internal Revenue Code of 1986, the 14 State— 15 (1) shall not be eligible for payments under this 16 section for weeks of unemployment beginning after 17 the effective date of such State law; and 18 (2) subject to section 2108(b)(2), shall be eligi- 19 ble to receive payments under section 2108 after the 20 effective date of such State law. 21 (f) DEFINITIONS.—In this section: 22 23 24 25 (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Labor. (2) STATE; STATE AGENCY; STATE LAW.—The terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’ BAI20215 S.L.C. 133 1 have the meanings given those terms in section 205 2 of the Federal-State Extended Unemployment Com- 3 pensation Act of 1970 (26 U.S.C. 3304 note). 4 SEC. 2110. GRANTS FOR SHORT-TIME COMPENSATION PRO- 5 6 7 GRAMS. (a) GRANTS.— (1) FOR IMPLEMENTATION OR IMPROVED AD- 8 MINISTRATION.—The 9 to States that enact short-time compensation pro- 10 grams (as defined in subsection (i)(2)) for the pur- 11 pose of implementation or improved administration 12 of such programs. 13 (2) FOR Secretary shall award grants PROMOTION AND ENROLLMENT.—The 14 Secretary shall award grants to States that are eligi- 15 ble and submit plans for a grant under paragraph 16 (1) for such States to promote and enroll employers 17 in short-time compensation programs (as so de- 18 fined). 19 20 (3) ELIGIBILITY.— (A) IN GENERAL.—The Secretary shall de- 21 termine eligibility criteria for the grants under 22 paragraphs (1) and (2). 23 (B) CLARIFICATION.—A State admin- 24 istering a short-time compensation program 25 that does not meet the definition of a short- BAI20215 S.L.C. 134 1 time compensation program under section 2 3306(v) of the Internal Revenue Code of 1986, 3 and a State with an agreement under section 4 2109, shall not be eligible to receive a grant 5 under this section until such time as the State 6 law of the State provides for payments under a 7 short-time compensation program that meets 8 such definition and such law. 9 10 (b) AMOUNT OF GRANTS.— (1) IN GENERAL.—The maximum amount avail- 11 able for making grants to a State under paragraphs 12 (1) and (2) shall be equal to the amount obtained 13 by multiplying $100,000,000 (less the amount used 14 by the Secretary under subsection (e)) by the same 15 ratio as would apply under subsection (a)(2)(B) of 16 section 903 of the Social Security Act (42 U.S.C. 17 1103) for purposes of determining such State’s 18 share of any excess amount (as described in sub- 19 section (a)(1) of such section) that would have been 20 subject to transfer to State accounts, as of October 21 1, 2019, under the provisions of subsection (a) of 22 such section. 23 (2) 24 GRANTS.—Of AMOUNT AVAILABLE FOR DIFFERENT the maximum incentive payment deter- BAI20215 S.L.C. 135 1 mined under paragraph (1) with respect to a 2 State— 3 (A) one-third shall be available for a grant 4 under subsection (a)(1); and 5 (B) two-thirds shall be available for a 6 7 grant under subsection (a)(2). (c) GRANT APPLICATION AND DISBURSAL.— 8 (1) APPLICATION.—Any State seeking a grant 9 under paragraph (1) or (2) of subsection (a) shall 10 submit an application to the Secretary at such time, 11 in such manner, and complete with such information 12 as the Secretary may require. In no case may the 13 Secretary award a grant under this section with re- 14 spect to an application that is submitted after De- 15 cember 31, 2023. 16 (2) NOTICE.—The Secretary shall, within 30 17 days after receiving a complete application, notify 18 the State agency of the State of the Secretary’s find- 19 ings with respect to the requirements for a grant 20 under paragraph (1) or (2) (or both) of subsection 21 (a). 22 (3) CERTIFICATION.—If the Secretary finds 23 that the State law provisions meet the requirements 24 for a grant under subsection (a), the Secretary shall 25 thereupon make a certification to that effect to the BAI20215 S.L.C. 136 1 Secretary of the Treasury, together with a certifi- 2 cation as to the amount of the grant payment to be 3 transferred to the State account in the Unemploy- 4 ment Trust Fund (as established in section 904(a) 5 of the Social Security Act (42 U.S.C. 1104(a))) pur- 6 suant to that finding. The Secretary of the Treasury 7 shall make the appropriate transfer to the State ac- 8 count within 7 days after receiving such certifi- 9 cation. 10 (4) REQUIREMENT.—No certification of compli- 11 ance with the requirements for a grant under para- 12 graph (1) or (2) of subsection (a) may be made with 13 respect to any State whose— 14 (A) State law is not otherwise eligible for 15 certification under section 303 of the Social Se- 16 curity Act (42 U.S.C. 503) or approvable under 17 section 3304 of the Internal Revenue Code of 18 1986; or 19 (B) short-time compensation program is 20 subject to discontinuation or is not scheduled to 21 take effect within 12 months of the certifi- 22 cation. 23 (d) USE OF FUNDS.—The amount of any grant 24 awarded under this section shall be used for the implemen25 tation of short-time compensation programs and the over- BAI20215 S.L.C. 137 1 all administration of such programs and the promotion 2 and enrollment efforts associated with such programs, 3 such as through— 4 (1) the creation or support of rapid response 5 teams to advise employers about alternatives to lay- 6 offs; 7 (2) the provision of education or assistance to 8 employers to enable them to assess the feasibility of 9 participating in short-time compensation programs; 10 and 11 12 (3) the development or enhancement of systems to automate— 13 (A) the submission and approval of plans; 14 and 15 (B) the filing and approval of new and on- 16 17 going short-time compensation claims. (e) ADMINISTRATION.—The Secretary is authorized 18 to use 0.25 percent of the funds available under subsection 19 (g) to provide for outreach and to share best practices with 20 respect to this section and short-time compensation pro21 grams. 22 (f) RECOUPMENT.—The Secretary shall establish a 23 process under which the Secretary shall recoup the 24 amount of any grant awarded under paragraph (1) or (2) 25 of subsection (a) if the Secretary determines that, during BAI20215 S.L.C. 138 1 the 5-year period beginning on the first date that any such 2 grant is awarded to the State, the State— 3 4 (1) terminated the State’s short-time compensation program; or 5 (2) failed to meet appropriate requirements 6 with respect to such program (as established by the 7 Secretary). 8 (g) FUNDING.—There are appropriated, out of mon- 9 eys in the Treasury not otherwise appropriated, to the 10 Secretary, $100,000,000 to carry out this section, to re11 main available without fiscal year limitation. 12 (h) REPORTING.—The Secretary may establish re- 13 porting requirements for States receiving a grant under 14 this section in order to provide oversight of grant funds. 15 16 17 18 (i) DEFINITIONS.—In this section: (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Labor. (2) SHORT-TIME COMPENSATION PROGRAM.— 19 The term ‘‘short-time compensation program’’ has 20 the meaning given such term in section 3306(v) of 21 the Internal Revenue Code of 1986. 22 (3) STATE; STATE AGENCY; STATE LAW.—The 23 terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’ 24 have the meanings given those terms in section 205 BAI20215 S.L.C. 139 1 of the Federal-State Extended Unemployment Com- 2 pensation Act of 1970 (26 U.S.C. 3304 note). 3 4 5 SEC. 2111. ASSISTANCE AND GUIDANCE IN IMPLEMENTING PROGRAMS. (a) IN GENERAL.—In order to assist States in estab- 6 lishing, qualifying, and implementing short-time com7 pensation programs (as defined in section 3306(v) of the 8 Internal Revenue Code of 1986), the Secretary of Labor 9 (in this section referred to as the ‘‘Secretary’’) shall— 10 (1) develop model legislative language, or dis- 11 seminate existing model legislative language, which 12 may be used by States in developing and enacting 13 such programs, and periodically review and revise 14 such model legislative language; 15 (2) provide technical assistance and guidance in 16 developing, enacting, and implementing such pro- 17 grams; and 18 19 (3) establish reporting requirements for States, including reporting on— 20 21 22 23 24 25 (A) the number of estimated averted layoffs; (B) the number of participating employers and workers; and (C) such other items as the Secretary of Labor determines are appropriate. BAI20215 S.L.C. 140 1 (b) MODEL LANGUAGE AND GUIDANCE.—The model 2 language and guidance developed under subsection (a) 3 shall allow sufficient flexibility by States and participating 4 employers while ensuring accountability and program in5 tegrity. 6 (c) CONSULTATION.—In developing the model legisla- 7 tive language and guidance under subsection (a), and in 8 order to meet the requirements of subsection (b), the Sec9 retary shall consult with employers, labor organizations, 10 State workforce agencies, and other program experts. Ex11 isting model legislative language that has been developed 12 through such a consultative process shall be deemed to 13 meet the consultation requirement of this subsection. 14 (d) REPEAL.—Section 4104 of the Emergency Unem- 15 ployment Stabilization and Access Act of 2020 (contained 16 in division D of the Families First Coronavirus Response 17 Act) is repealed. 18 SEC. 2112. WAIVER OF THE 7-DAY WAITING PERIOD FOR 19 BENEFITS 20 PLOYMENT INSURANCE ACT. 21 UNDER THE RAILROAD UNEM- (a) NO WAITING WEEK.—With respect to any reg- 22 istration period beginning after the date of enactment of 23 this Act and ending on or before December 31, 2020, sub24 paragraphs (A)(ii) and (B)(ii) of section 2(a)(1) of the BAI20215 S.L.C. 141 1 Railroad Unemployment Insurance Act (45 U.S.C. 2 352(a)(1)) shall not apply. 3 (b) 4 TIONS.—The OPERATING INSTRUCTIONS AND REGULA- Railroad Retirement Board may prescribe 5 any operating instructions or regulations necessary to 6 carry out this section. 7 (c) FUNDING.—Out of any funds in the Treasury not 8 otherwise appropriated, there are appropriated 9 $50,000,000 to cover the costs of additional benefits pay10 able due to the application of subsection (a). Upon the 11 exhaustion of the funds appropriated under this sub12 section, subsection (a) shall no longer apply with respect 13 to any registration period beginning after the date of ex14 haustion of funds. 15 (d) DEFINITION OF REGISTRATION PERIOD.—For 16 purposes of this section, the term ‘‘registration period’’ 17 has the meaning given such term under section 1 of the 18 Railroad Unemployment Insurance Act (45 U.S.C. 351). 19 20 21 SEC. 2113. ENHANCED BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. Section 2(a) of the Railroad Unemployment Insur- 22 ance Act (45 U.S.C. § 352(a)) is amended by adding at 23 the end the following: 24 ‘‘(5)(A) Notwithstanding paragraph (3), subsection 25 (c)(1)(B), and any other limitation on total benefits in this BAI20215 S.L.C. 142 1 Act, for registration periods beginning on or after April 2 1, 2020, but on or before July 31, 2020, a recovery benefit 3 in the amount of $1,200 shall be payable to a qualified 4 employee with respect to any registration period in which 5 the employee received unemployment benefits under para6 graph (1)(A), and in any registration period in which the 7 employee did not receive unemployment benefits due to the 8 limitation in subsection (c)(1)(B) or due to reaching the 9 maximum number of days of benefits in the benefit year 10 beginning July 1, 2019, under subsection (c)(1)(A). No 11 recovery benefits shall be payable under this section upon 12 the exhaustion of the funds appropriated under subpara13 graph (B) for payment of benefits under this subpara14 graph. 15 ‘‘(B) Out of any funds in the Treasury not otherwise 16 appropriated, there are appropriated $425,000,000 to 17 cover the cost of recovery benefits provided under subpara18 graph (A), to remain available until expended.’’. 19 SEC. 2114. EXTENDED UNEMPLOYMENT BENEFITS UNDER 20 THE RAILROAD UNEMPLOYMENT INSURANCE 21 ACT. 22 23 road (a) EXTENSION.—Section 2(c)(2)(D)(iii) of the RailUnemployment Insurance 24 352(c)(2)(D)(iii) is amended— Act (45 U.S.C. BAI20215 S.L.C. 143 1 2 (1) by striking ‘‘July 1, 2008’’ and inserting ‘‘July 1, 2019’’; 3 4 (2) by striking ‘‘June 30, 2013’’ and inserting ‘‘June 30, 2020’’; and 5 (3) by striking ‘‘December 31, 2013’’ and in- 6 serting ‘‘December 31, 2020’’. 7 (b) CLARIFICATION ON AUTHORITY TO USE 8 FUNDS.—Funds appropriated under either the first or 9 second sentence of clause (iv) of section 2(c)(2)(D) of the 10 Railroad Unemployment Insurance Act shall be available 11 to cover the cost of additional extended unemployment 12 benefits provided under such section 2(c)(2)(D) by reason 13 of the amendments made by subsection (a) as well as to 14 cover the cost of such benefits provided under such section 15 2(c)(2)(D) as in effect on the day before the date of enact16 ment of this Act. 17 SEC. 2115. FUNDING FOR THE DOL OFFICE OF INSPECTOR 18 GENERAL FOR OVERSIGHT OF UNEMPLOY- 19 MENT PROVISIONS. 20 There are appropriated, out of moneys in the Treas- 21 ury not otherwise appropriated, to the Office of the In22 spector General of the Department of Labor, $25,000,000 23 to carry out audits, investigations, and other oversight ac24 tivities authorized under the Inspector General Act of 25 1978 (5 U.S.C. App.) that are related to the provisions BAI20215 S.L.C. 144 1 of, and amendments made by, this subtitle, to remain 2 available without fiscal year limitation. 3 SEC. 2116. IMPLEMENTATION. 4 5 (a) NON-APPLICATION TION OF THE PAPERWORK REDUC- ACT.—Chapter 35 of title 44, United States Code 6 (commonly referred to as the ‘‘Paperwork Reduction Act 7 of 1995’’), shall not apply to the provisions of, and the 8 amendments made by, this subtitle. 9 10 (b) OPERATING INSTRUCTIONS ANCE.—Notwithstanding OR OTHER GUID- any other provision of law, the 11 Secretary of Labor may issue any operating instructions 12 or other guidance necessary to carry out the provisions 13 of, or the amendments made by, this subtitle. 15 Subtitle B—Rebates and Other Individual Provisions 16 SEC. 2201. 2020 RECOVERY REBATES FOR INDIVIDUALS. 14 17 (a) IN GENERAL.—Subchapter B of chapter 65 of 18 subtitle F of the Internal Revenue Code of 1986 is amend19 ed by inserting after section 6427 the following new sec20 tion: 21 22 ‘‘SEC. 6428. 2020 RECOVERY REBATES FOR INDIVIDUALS. ‘‘(a) IN GENERAL.—In the case of an eligible indi- 23 vidual, there shall be allowed as a credit against the tax 24 imposed by subtitle A for the first taxable year beginning 25 in 2020 an amount equal to the sum of— BAI20215 S.L.C. 145 1 2 ‘‘(1) $1,200 ($2,400 in the case of eligible individuals filing a joint return), plus 3 ‘‘(2) an amount equal to the product of $500 4 multiplied by the number of qualifying children 5 (within the meaning of section 24(c)) of the tax- 6 payer. 7 ‘‘(b) TREATMENT OF CREDIT.—The credit allowed by 8 subsection (a) shall be treated as allowed by subpart C 9 of part IV of subchapter A of chapter 1. 10 11 ‘‘(c) LIMITATION BASED COME.—The ON ADJUSTED GROSS IN- amount of the credit allowed by subsection 12 (a) (determined without regard to this subsection and sub13 section (e)) shall be reduced (but not below zero) by 5 14 percent of so much of the taxpayer’s adjusted gross in15 come as exceeds— 16 ‘‘(1) $150,000 in the case of a joint return, 17 ‘‘(2) $112,500 in the case of a head of house- 18 19 hold, and ‘‘(3) $75,000 in the case of a taxpayer not de- 20 scribed in paragraph (1) or (2). 21 ‘‘(d) ELIGIBLE INDIVIDUAL.—For purposes of this 22 section, the term ‘eligible individual’ means any individual 23 other than— 24 ‘‘(1) any nonresident alien individual, BAI20215 S.L.C. 146 1 ‘‘(2) any individual with respect to whom a de- 2 duction under section 151 is allowable to another 3 taxpayer for a taxable year beginning in the cal- 4 endar year in which the individual’s taxable year be- 5 gins, and 6 7 ‘‘(3) an estate or trust. ‘‘(e) COORDINATION WITH ADVANCE REFUNDS OF 8 CREDIT.— 9 ‘‘(1) IN GENERAL.—The amount of credit 10 which would (but for this paragraph) be allowable 11 under this section shall be reduced (but not below 12 zero) by the aggregate refunds and credits made or 13 allowed to the taxpayer under subsection (f). Any 14 failure to so reduce the credit shall be treated as 15 arising out of a mathematical or clerical error and 16 assessed according to section 6213(b)(1). 17 ‘‘(2) JOINT RETURNS.—In the case of a refund 18 or credit made or allowed under subsection (f) with 19 respect to a joint return, half of such refund or cred- 20 it shall be treated as having been made or allowed 21 to each individual filing such return. 22 ‘‘(f) ADVANCE REFUNDS AND CREDITS.— 23 ‘‘(1) IN GENERAL.—Subject to paragraph (5), 24 each individual who was an eligible individual for 25 such individual’s first taxable year beginning in BAI20215 S.L.C. 147 1 2019 shall be treated as having made a payment 2 against the tax imposed by chapter 1 for such tax- 3 able year in an amount equal to the advance refund 4 amount for such taxable year. 5 ‘‘(2) ADVANCE REFUND AMOUNT.—For pur- 6 poses of paragraph (1), the advance refund amount 7 is the amount that would have been allowed as a 8 credit under this section for such taxable year if this 9 section (other than subsection (e) and this sub- 10 11 section) had applied to such taxable year. ‘‘(3) TIMING AND MANNER OF PAYMENTS.— 12 ‘‘(A) TIMING.—The Secretary shall, sub- 13 ject to the provisions of this title, refund or 14 credit any overpayment attributable to this sec- 15 tion as rapidly as possible. No refund or credit 16 shall be made or allowed under this subsection 17 after December 31, 2020. 18 ‘‘(B) DELIVERY OF PAYMENTS.—Notwith- 19 standing any other provision of law, the Sec- 20 retary may certify and disburse refunds payable 21 under this subsection electronically to any ac- 22 count to which the payee authorized, on or after 23 January 1, 2018, the delivery of a refund of 24 taxes under this title or of a Federal payment BAI20215 S.L.C. 148 1 (as defined in section 3332 of title 31, United 2 States Code). 3 ‘‘(C) WAIVER OF CERTAIN RULES.—Not- 4 withstanding section 3325 of title 31, United 5 States Code, or any other provision of law, with 6 respect to any payment of a refund under this 7 subsection, a disbursing official in the executive 8 branch of the United States Government may 9 modify payment information received from an 10 officer 11 3325(a)(1)(B) of such title for the purpose of 12 facilitating the accurate and efficient delivery of 13 such payment. Except in cases of fraud or reck- 14 less neglect, no liability under sections 3325, 15 3527, 3528, or 3529 of title 31, United States 16 Code, shall be imposed with respect to pay- 17 ments made under this subparagraph. 18 ‘‘(4) NO or employee described INTEREST.—No in section interest shall be al- 19 lowed on any overpayment attributable to this sec- 20 tion. 21 ‘‘(5) ALTERNATE TAXABLE YEAR.—In the case 22 of an individual who, at the time of any determina- 23 tion made pursuant to paragraph (3), has not filed 24 a tax return for the year described in paragraph (1), 25 the Secretary may— BAI20215 S.L.C. 149 1 2 ‘‘(A) apply such paragraph by substituting ‘2018’ for ‘2019’, and 3 ‘‘(B) if the individual has not filed a tax 4 return for such individual’s first taxable year 5 beginning in 2018, use information with respect 6 to such individual for calendar year 2019 pro- 7 vided in— 8 9 ‘‘(i) Form SSA-1099, Social Security Benefit Statement, or 10 11 12 ‘‘(ii) Form RRB-1099, Social Security Equivalent Benefit Statement. ‘‘(6) NOTICE TO TAXPAYER.—Not later than 15 13 days after the date on which the Secretary distrib- 14 uted any payment to an eligible taxpayer pursuant 15 to this subsection, notice shall be sent by mail to 16 such taxpayer’s last known address. Such notice 17 shall indicate the method by which such payment 18 was made, the amount of such payment, and a 19 phone number for the appropriate point of contact 20 at the Internal Revenue Service to report any failure 21 to receive such payment. 22 ‘‘(g) IDENTIFICATION NUMBER REQUIREMENT.— 23 24 ‘‘(1) IN GENERAL.—No credit shall be allowed under subsection (a) to an eligible individual who BAI20215 S.L.C. 150 1 does not include on the return of tax for the taxable 2 year— 3 4 ‘‘(A) such individual’s valid identification number, 5 ‘‘(B) in the case of a joint return, the valid 6 identification 7 spouse, and number of such individual’s 8 ‘‘(C) in the case of any qualifying child 9 taken into account under subsection (a)(2), the 10 valid identification number of such qualifying 11 child. 12 ‘‘(2) VALID 13 IDENTIFICATION NUMBER.— ‘‘(A) IN GENERAL.—For purposes of para- 14 graph (1), the term ‘valid identification num- 15 ber’ means a social security number (as such 16 term is defined in section 24(h)(7)). 17 ‘‘(B) ADOPTION TAXPAYER IDENTIFICA- 18 TION 19 (1)(C), in the case of a qualifying child who is 20 adopted or placed for adoption, the term ‘valid 21 identification number’ shall include the adop- 22 tion taxpayer identification number of such 23 child. 24 ‘‘(3) SPECIAL 25 NUMBER.—For purposes of paragraph RULE FOR MEMBERS OF THE ARMED FORCES.—Paragraph (1)(B) shall not apply BAI20215 S.L.C. 151 1 in the case where at least 1 spouse was a member 2 of the Armed Forces of the United States at any 3 time during the taxable year and at least 1 spouse 4 satisfies paragraph (1)(A). 5 ‘‘(4) MATHEMATICAL OR CLERICAL ERROR AU- 6 THORITY.—Any 7 fication number required under this subsection shall 8 be treated as a mathematical or clerical error for 9 purposes of applying section 6213(g)(2) to such omission of a correct valid identi- 10 omission. 11 ‘‘(h) REGULATIONS.—The Secretary shall prescribe 12 such regulations or other guidance as may be necessary 13 to carry out the purposes of this section, including any 14 such measures as are deemed appropriate to avoid allow15 ing multiple credits or rebates to a taxpayer.’’. 16 17 (b) ADMINISTRATIVE AMENDMENTS.— (1) DEFINITION OF DEFICIENCY.—Section 18 6211(b)(4)(A) of the Internal Revenue Code of 1986 19 is amended by striking ‘‘and 36B, 168(k)(4)’’ and 20 inserting ‘‘36B, and 6428’’. 21 (2) MATHEMATICAL OR CLERICAL ERROR AU- 22 THORITY.—Section 23 amended by striking ‘‘or 32’’ and inserting ‘‘32, or 24 6428’’. 25 (c) TREATMENT OF POSSESSIONS.— 6213(g)(2)(L) of such Code is BAI20215 S.L.C. 152 1 2 (1) PAYMENTS TO POSSESSIONS.— (A) MIRROR CODE POSSESSION.—The Sec- 3 retary of the Treasury shall pay to each posses- 4 sion of the United States which has a mirror 5 code tax system amounts equal to the loss (if 6 any) to that possession by reason of the amend- 7 ments made by this section. Such amounts shall 8 be determined by the Secretary of the Treasury 9 based on information provided by the govern- 10 11 ment of the respective possession. (B) OTHER POSSESSIONS.—The Secretary 12 of the Treasury shall pay to each possession of 13 the United States which does not have a mirror 14 code tax system amounts estimated by the Sec- 15 retary of the Treasury as being equal to the ag- 16 gregate benefits (if any) that would have been 17 provided to residents of such possession by rea- 18 son of the amendments made by this section if 19 a mirror code tax system had been in effect in 20 such possession. The preceding sentence shall 21 not apply unless the respective possession has a 22 plan, which has been approved by the Secretary 23 of the Treasury, under which such possession 24 will promptly distribute such payments to its 25 residents. BAI20215 S.L.C. 153 1 (2) COORDINATION WITH CREDIT ALLOWED 2 AGAINST UNITED STATES INCOME TAXES.—No 3 it shall be allowed against United States income 4 taxes under section 6428 of the Internal Revenue 5 Code of 1986 (as added by this section) to any per- 6 son— cred- 7 (A) to whom a credit is allowed against 8 taxes imposed by the possession by reason of 9 the amendments made by this section, or 10 (B) who is eligible for a payment under a 11 plan described in paragraph (1)(B). 12 (3) DEFINITIONS 13 (A) AND SPECIAL RULES.— POSSESSION OF THE UNITED 14 STATES.—For 15 term ‘‘possession of the United States’’ includes 16 the Commonwealth of Puerto Rico and the 17 Commonwealth of the Northern Mariana Is- 18 lands. 19 purposes of this subsection, the (B) MIRROR CODE TAX SYSTEM.—For pur- 20 poses of this subsection, the term ‘‘mirror code 21 tax system’’ means, with respect to any posses- 22 sion of the United States, the income tax sys- 23 tem of such possession if the income tax liabil- 24 ity of the residents of such possession under 25 such system is determined by reference to the BAI20215 S.L.C. 154 1 income tax laws of the United States as if such 2 possession were the United States. 3 (C) TREATMENT OF PAYMENTS.—For pur- 4 poses of section 1324 of title 31, United States 5 Code, the payments under this subsection shall 6 be treated in the same manner as a refund due 7 from a credit provision referred to in subsection 8 (b)(2) of such section. 9 (d) EXCEPTION FROM REDUCTION OR OFFSET.— 10 Any credit or refund allowed or made to any individual 11 by reason of section 6428 of the Internal Revenue Code 12 of 1986 (as added by this section) or by reason of sub13 section (c) of this section shall not be— 14 (1) subject to reduction or offset pursuant to 15 section 3716 or 3720A of title 31, United States 16 Code, 17 (2) subject to reduction or offset pursuant to 18 subsection (d), (e), or (f) of section 6402 of the In- 19 ternal Revenue Code of 1986, or 20 (3) reduced or offset by other assessed Federal 21 taxes that would otherwise be subject to levy or col- 22 lection. 23 (e) PUBLIC AWARENESS CAMPAIGN.—The Secretary 24 of the Treasury (or the Secretary’s delegate) shall conduct 25 a public awareness campaign, in coordination with the BAI20215 S.L.C. 155 1 Commissioner of Social Security and the heads of other 2 relevant Federal agencies, to provide information regard3 ing the availability of the credit and rebate allowed under 4 section 6428 of the Internal Revenue Code of 1986 (as 5 added by this section), including information with respect 6 to individuals who may not have filed a tax return for tax7 able year 2018 or 2019. 8 9 (f) APPROPRIATIONS TO CARRY OUT REBATES.— (1) IN GENERAL.—Immediately upon the enact- 10 ment of this Act, the following sums are appro- 11 priated, out of any money in the Treasury not other- 12 wise appropriated, for the fiscal year ending Sep- 13 tember 30, 2020: 14 (A) DEPARTMENT OF THE TREASURY.— 15 (i) For an additional amount for ‘‘De- 16 partment of the Treasury—Bureau of the 17 Fiscal Service—Salaries and Expenses’’, 18 $78,650,000, to remain available until 19 September 30, 2021. 20 (ii) For an additional amount for 21 ‘‘Department of the Treasury—Internal 22 Revenue 23 $293,500,000, to remain available until 24 September 30, 2021. Service—Taxpayer Services’’, BAI20215 S.L.C. 156 1 (iii) For an additional amount for 2 ‘‘Department of the Treasury—Internal 3 Revenue 4 $170,000,000, to remain available until 5 September 30, 2021. Service—Operations Support’’, 6 (iv) For an additional amount for 7 ‘‘Department of Treasury—Internal Rev- 8 enue Service—Enforcement’’, $37,200,000, 9 to remain available until September 30, 10 2021. 11 Amounts made available in appropriations 12 under clauses (ii), (iii), and (iv) of this subpara- 13 graph may be transferred between such appro- 14 priations upon the advance notification of the 15 Committees on Appropriations of the House of 16 Representatives and the Senate. Such transfer 17 authority is in addition to any other transfer 18 authority provided by law. 19 (B) SOCIAL SECURITY ADMINISTRATION.— 20 For an additional amount for ‘‘Social Security 21 Administration—Limitation on Administrative 22 Expenses’’, $38,000,000, to remain available 23 until September 30, 2021. 24 (2) REPORTS.—No later than 15 days after en- 25 actment of this Act, the Secretary of the Treasury BAI20215 S.L.C. 157 1 shall submit a plan to the Committees on Appropria- 2 tions of the House of Representatives and the Sen- 3 ate detailing the expected use of the funds provided 4 by paragraph (1)(A). Beginning 90 days after enact- 5 ment of this Act, the Secretary of the Treasury shall 6 submit a quarterly report to the Committees on Ap- 7 propriations of the House of Representatives and the 8 Senate detailing the actual expenditure of funds pro- 9 vided by paragraph (1)(A) and the expected expendi- 10 ture of such funds in the subsequent quarter. 11 (g) CONFORMING AMENDMENTS.— 12 (1) Paragraph (2) of section 1324(b) of title 13 31, United States Code, is amended by inserting 14 ‘‘6428,’’ after ‘‘54B(h),’’. 15 (2) The table of sections for subchapter B of 16 chapter 65 of subtitle F of the Internal Revenue 17 Code of 1986 is amended by inserting after the item 18 relating to section 6427 the following: ‘‘Sec. 6428. 2020 Recovery Rebates for individuals.’’. 19 SEC. 2202. SPECIAL RULES FOR USE OF RETIREMENT 20 21 22 23 FUNDS. (a) TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS.— (1) IN GENERAL.—Section 72(t) of the Internal 24 Revenue Code of 1986 shall not apply to any 25 coronavirus-related distribution. BAI20215 S.L.C. 158 1 (2) AGGREGATE 2 (A) IN DOLLAR LIMITATION.— GENERAL.—For purposes of this 3 subsection, the aggregate amount of distribu- 4 tions received by an individual which may be 5 treated as coronavirus-related distributions for 6 any taxable year shall not exceed $100,000. 7 (B) TREATMENT OF PLAN DISTRIBU- 8 TIONS.—If 9 (without regard to subparagraph (A)) be a 10 coronavirus-related distribution, a plan shall not 11 be treated as violating any requirement of the 12 Internal Revenue Code of 1986 merely because 13 the 14 coronavirus-related distribution, unless the ag- 15 gregate amount of such distributions from all 16 plans maintained by the employer (and any 17 member of any controlled group which includes 18 the employer) to such individual exceeds 19 $100,000. 20 plan a distribution to an individual would treats such (C) CONTROLLED distribution GROUP.—For as a purposes 21 of subparagraph (B), the term ‘‘controlled 22 group’’ means any group treated as a single 23 employer under subsection (b), (c), (m), or (o) 24 of section 414 of the Internal Revenue Code of 25 1986. BAI20215 S.L.C. 159 1 2 (3) AMOUNT (A) IN DISTRIBUTED MAY BE REPAID.— GENERAL.—Any individual who re- 3 ceives a coronavirus-related distribution may, at 4 any time during the 3-year period beginning on 5 the day after the date on which such distribu- 6 tion was received, make 1 or more contributions 7 in an aggregate amount not to exceed the 8 amount of such distribution to an eligible retire- 9 ment plan of which such individual is a bene- 10 ficiary and to which a rollover contribution of 11 such distribution could be made under section 12 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 13 457(e)(16), of the Internal Revenue Code of 14 1986, as the case may be. 15 (B) TREATMENT OF REPAYMENTS OF DIS- 16 TRIBUTIONS 17 PLANS OTHER THAN IRAS.—For 18 the Internal Revenue Code of 1986, if a con- 19 tribution is made pursuant to subparagraph (A) 20 with respect to a coronavirus-related distribu- 21 tion from an eligible retirement plan other than 22 an individual retirement plan, then the taxpayer 23 shall, to the extent of the amount of the con- 24 tribution, be treated as having received the 25 coronavirus-related distribution in an eligible FROM ELIGIBLE RETIREMENT purposes of BAI20215 S.L.C. 160 1 rollover distribution (as defined in section 2 402(c)(4) of such Code) and as having trans- 3 ferred the amount to the eligible retirement 4 plan in a direct trustee to trustee transfer with- 5 in 60 days of the distribution. 6 (C) TREATMENT OF REPAYMENTS OF DIS- 7 TRIBUTIONS FROM IRAS.—For 8 Internal Revenue Code of 1986, if a contribu- 9 tion is made pursuant to subparagraph (A) 10 with respect to a coronavirus-related distribu- 11 tion from an individual retirement plan (as de- 12 fined by section 7701(a)(37) of such Code), 13 then, to the extent of the amount of the con- 14 tribution, the coronavirus-related distribution 15 shall be treated as a distribution described in 16 section 408(d)(3) of such Code and as having 17 been transferred to the eligible retirement plan 18 in a direct trustee to trustee transfer within 60 19 days of the distribution. 20 (4) DEFINITIONS.—For purposes of this sub- 21 purposes of the section— 22 (A) CORONAVIRUS-RELATED 23 TION.—Except 24 the term DISTRIBU- as provided in paragraph (2), ‘‘coronavirus-related distribution’’ BAI20215 S.L.C. 161 1 means any distribution from an eligible retire- 2 ment plan made— 3 (i) on or after January 1, 2020, and 4 before December 31, 2020, 5 (ii) to an individual— 6 (I) who is diagnosed with the 7 virus 8 coronavirus disease 2019 (COVID-19) 9 by a test approved by the Centers for 10 SARS-CoV-2 or with Disease Control and Prevention, 11 (II) whose spouse or dependent 12 (as defined in section 152 of the In- 13 ternal Revenue Code of 1986) is diag- 14 nosed with such virus or disease by 15 such a test, or 16 (III) who experiences adverse fi- 17 nancial consequences as a result of 18 being quarantined, being furloughed 19 or laid off or having work hours re- 20 duced due to such virus or disease, 21 being unable to work due to lack of 22 child care due to such virus or dis- 23 ease, closing or reducing hours of a 24 business owned or operated by the in- 25 dividual due to such virus or disease, BAI20215 S.L.C. 162 1 or other factors as determined by the 2 Secretary of the Treasury (or the Sec- 3 retary’s delegate). 4 (B) EMPLOYEE CERTIFICATION.—The ad- 5 ministrator of an eligible retirement plan may 6 rely on an employee’s certification that the em- 7 ployee satisfies the conditions of subparagraph 8 (A)(ii) in determining whether any distribution 9 is a coronavirus-related distribution. 10 (C) ELIGIBLE RETIREMENT PLAN.—The 11 term ‘‘eligible retirement plan’’ has the meaning 12 given such term by section 402(c)(8)(B) of the 13 Internal Revenue Code of 1986. 14 (5) INCOME 15 16 INCLUSION SPREAD OVER 3-YEAR PERIOD.— (A) IN GENERAL.—In the case of any 17 coronavirus-related distribution, unless the tax- 18 payer elects not to have this paragraph apply 19 for any taxable year, any amount required to be 20 included in gross income for such taxable year 21 shall be so included ratably over the 3-taxable- 22 year period beginning with such taxable year. 23 24 (B) SPECIAL RULE.—For purposes of sub- paragraph (A), rules similar to the rules of sub- BAI20215 S.L.C. 163 1 paragraph (E) of section 408A(d)(3) of the In- 2 ternal Revenue Code of 1986 shall apply. 3 (6) SPECIAL 4 RULES.— (A) EXEMPTION OF DISTRIBUTIONS FROM 5 TRUSTEE TO TRUSTEE TRANSFER AND WITH- 6 HOLDING 7 401(a)(31), 402(f), and 3405 of the Internal 8 Revenue Code of 1986, coronavirus-related dis- 9 tributions shall not be treated as eligible roll- 10 11 RULES.—For purposes of sections over distributions. (B) CORONAVIRUS-RELATED DISTRIBU- 12 TIONS TREATED AS MEETING PLAN DISTRIBU- 13 TION REQUIREMENTS.—For 14 ternal Revenue Code of 1986, a coronavirus-re- 15 lated distribution shall be treated as meeting 16 the requirements of sections 401(k)(2)(B)(i), 17 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) 18 of such Code and section 8433(h)(1) of title 5, 19 United States Code. 20 21 purposes of the In- (b) LOANS FROM QUALIFIED PLANS.— (1) INCREASE IN LIMIT ON LOANS NOT TREAT- 22 ED AS DISTRIBUTIONS.—In 23 from a qualified employer plan (as defined under 24 section 72(p)(4) of the Internal Revenue Code of 25 1986) to a qualified individual made during the 180- the case of any loan BAI20215 S.L.C. 164 1 day period beginning on the date of the enactment 2 of this Act— 3 (A) clause (i) of section 72(p)(2)(A) of 4 such Code shall be applied by substituting 5 ‘‘$100,000’’ for ‘‘$50,000’’, and 6 (B) clause (ii) of such section shall be ap- 7 plied by substituting ‘‘the present value of the 8 nonforfeitable accrued benefit of the employee 9 under the plan’’ for ‘‘one-half of the present 10 value of the nonforfeitable accrued benefit of 11 the employee under the plan’’. 12 (2) DELAY OF REPAYMENT.—In the case of a 13 qualified individual with an outstanding loan (on or 14 after the date of the enactment of this Act) from a 15 qualified employer plan (as defined in section 16 72(p)(4) of the Internal Revenue Code of 1986)— 17 (A) if the due date pursuant to subpara- 18 graph (B) or (C) of section 72(p)(2) of such 19 Code for any repayment with respect to such 20 loan occurs during the period beginning on the 21 date of the enactment of this Act and ending on 22 December 31, 2020, such due date shall be de- 23 layed for 1 year, 24 (B) any subsequent repayments with re- 25 spect to any such loan shall be appropriately BAI20215 S.L.C. 165 1 adjusted to reflect the delay in the due date 2 under subparagraph (A) and any interest accru- 3 ing during such delay, and 4 (C) in determining the 5-year period and 5 the term of a loan under subparagraph (B) or 6 (C) of section 72(p)(2) of such Code, the period 7 described in subparagraph (A) of this para- 8 graph shall be disregarded. 9 (3) QUALIFIED INDIVIDUAL.—For purposes of 10 this subsection, the term ‘‘qualified individual’’ 11 means any individual who is described in subsection 12 (a)(4)(A)(ii). 13 (c) PROVISIONS RELATING 14 15 TO PLAN AMEND- MENTS.— (1) IN GENERAL.—If this subsection applies to 16 any amendment to any plan or annuity contract— 17 (A) such plan or contract shall be treated 18 as being operated in accordance with the terms 19 of the plan during the period described in para- 20 graph (2)(B)(i), and 21 (B) except as provided by the Secretary of 22 the Treasury (or the Secretary’s delegate), such 23 plan or contract shall not fail to meet the re- 24 quirements of section 411(d)(6) of the Internal 25 Revenue Code of 1986 and section 204(g) of BAI20215 S.L.C. 166 1 the Employee Retirement Income Security Act 2 of 1974 by reason of such amendment. 3 (2) AMENDMENTS 4 5 TO WHICH SUBSECTION AP- PLIES.— (A) IN GENERAL.—This subsection shall 6 apply to any amendment to any plan or annuity 7 contract which is made— 8 (i) pursuant to any provision of this 9 section, or pursuant to any regulation 10 issued by the Secretary of the Treasury or 11 the Secretary of Labor (or the delegate of 12 either such Secretary) under any provision 13 of this section, and 14 (ii) on or before the last day of the 15 first plan year beginning on or after Janu- 16 ary 1, 2022, or such later date as the Sec- 17 retary of the Treasury (or the Secretary’s 18 delegate) may prescribe. 19 In the case of a governmental plan (as defined 20 in section 414(d) of the Internal Revenue Code 21 of 1986), clause (ii) shall be applied by sub- 22 stituting the date which is 2 years after the 23 date otherwise applied under clause (ii). 24 25 (B) CONDITIONS.—This subsection shall not apply to any amendment unless— BAI20215 S.L.C. 167 1 (i) during the period— 2 (I) beginning on the date that 3 this section or the regulation de- 4 scribed in subparagraph (A)(i) takes 5 effect (or in the case of a plan or con- 6 tract amendment not required by this 7 section or such regulation, the effec- 8 tive date specified by the plan), and 9 (II) ending on the date described 10 in subparagraph (A)(ii) (or, if earlier, 11 the date the plan or contract amend- 12 ment is adopted), 13 the plan or contract is operated as if such 14 plan or contract amendment were in effect, 15 and 16 17 (ii) such plan or contract amendment applies retroactively for such period. 18 SEC. 2203. TEMPORARY WAIVER OF REQUIRED MINIMUM 19 DISTRIBUTION RULES FOR CERTAIN RETIRE- 20 MENT PLANS AND ACCOUNTS. 21 (a) IN GENERAL.—Section 401(a)(9) of the Internal 22 Revenue Code of 1986 is amended by adding at the end 23 the following new subparagraph: 24 ‘‘(I) TEMPORARY 25 QUIRED DISTRIBUTION.— WAIVER OF MINIMUM RE- BAI20215 S.L.C. 168 1 ‘‘(i) IN GENERAL.—The requirements 2 of this paragraph shall not apply for cal- 3 endar year 2020 to— 4 ‘‘(I) a defined contribution plan 5 which is described in this subsection 6 or in section 403(a) or 403(b), 7 ‘‘(II) a defined contribution plan 8 which is an eligible deferred com- 9 pensation plan described in section 10 457(b) but only if such plan is main- 11 tained by an employer described in 12 section 457(e)(1)(A), or 13 ‘‘(III) an individual retirement 14 plan. 15 ‘‘(ii) SPECIAL RULE FOR REQUIRED 16 BEGINNING 17 shall apply to any distribution which is re- 18 quired to be made in calendar year 2020 19 by reason of— 20 21 22 23 DATES IN 2020.—Clause (i) ‘‘(I) a required beginning date occurring in such calendar year, and ‘‘(II) such distribution not having been made before January 1, 2020. BAI20215 S.L.C. 169 1 ‘‘(iii) SPECIAL 2 WAIVER 3 paragraph— RULES PERIOD.—For REGARDING purposes of this 4 ‘‘(I) the required beginning date 5 with respect to any individual shall be 6 determined without regard to this 7 subparagraph for purposes of applying 8 this paragraph for calendar years 9 after 2020, and 10 ‘‘(II) if clause (ii) of subpara- 11 graph (B) applies, the 5-year period 12 described in such clause shall be de- 13 termined without regard to calendar 14 year 2020.’’. 15 (b) ELIGIBLE ROLLOVER DISTRIBUTIONS.—Section 16 402(c)(4) of the Internal Revenue Code of 1986 is amend17 ed by striking ‘‘2009’’ each place it appears in the last 18 sentence and inserting ‘‘2020’’. 19 20 (c) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by 21 this section shall apply for calendar years beginning 22 after December 31, 2019. 23 (2) PROVISIONS 24 RELATING TO PLAN OR CON- TRACT AMENDMENTS.— BAI20215 S.L.C. 170 1 2 (A) IN GENERAL.—If this paragraph ap- plies to any plan or contract amendment— 3 (i) such plan or contract shall not fail 4 to be treated as being operated in accord- 5 ance with the terms of the plan during the 6 period described in subparagraph (B)(ii) 7 solely because the plan operates in accord- 8 ance with this section, and 9 (ii) except as provided by the Sec- 10 retary of the Treasury (or the Secretary’s 11 delegate), such plan or contract shall not 12 fail to meet the requirements of section 13 411(d)(6) of the Internal Revenue Code of 14 1986 and section 204(g) of the Employee 15 Retirement Income Security Act of 1974 16 by reason of such amendment. 17 (B) AMENDMENTS 18 19 TO WHICH PARAGRAPH APPLIES.— (i) IN GENERAL.—This paragraph 20 shall apply to any amendment to any plan 21 or annuity contract which— 22 (I) is made pursuant to the 23 amendments made by this section, 24 and BAI20215 S.L.C. 171 1 (II) is made on or before the last 2 day of the first plan year beginning 3 on or after January 1, 2022. 4 In the case of a governmental plan, sub- 5 clause (II) shall be applied by substituting 6 ‘‘2024’’ for ‘‘2022’’. 7 (ii) CONDITIONS.—This paragraph 8 shall not apply to any amendment unless 9 during the period beginning on the effec- 10 tive date of the amendment and ending on 11 December 31, 2020, the plan or contract is 12 operated as if such plan or contract 13 amendment were in effect. 14 SEC. 2204. ALLOWANCE OF PARTIAL ABOVE THE LINE DE- 15 DUCTION FOR CHARITABLE CONTRIBUTIONS. 16 (a) IN GENERAL.—Section 62(a) of the Internal Rev- 17 enue Code of 1986 is amended by inserting after para18 graph (21) the following new paragraph: 19 ‘‘(22) CHARITABLE CONTRIBUTIONS.—In the 20 case of taxable years beginning in 2020, the amount 21 (not to exceed $300) of qualified charitable contribu- 22 tions made by an eligible individual during the tax- 23 able year.’’. BAI20215 S.L.C. 172 1 (b) DEFINITIONS.—Section 62 of such Code is 2 amended by adding at the end the following new sub3 section: 4 5 ‘‘(f) DEFINITIONS RELATING TABLE TO QUALIFIED CHARI- CONTRIBUTIONS.—For purposes of subsection 6 (a)(22)— 7 ‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligible 8 individual’ means any individual who does not elect 9 to itemize deductions. 10 ‘‘(2) 11 TIONS.—The 12 means a charitable contribution (as defined in sec- 13 tion 170(c))— QUALIFIED CHARITABLE CONTRIBU- term ‘qualified charitable contribution’ 14 ‘‘(A) which is made in cash, 15 ‘‘(B) for which a deduction is allowable 16 under section 170 (determined without regard 17 to subsection (b) thereof), and 18 19 20 21 22 23 ‘‘(C) which is— ‘‘(i) made to an organization described in section 170(b)(1)(A), and ‘‘(ii) not— ‘‘(I) to an organization described in section 509(a)(3), or 24 ‘‘(II) for the establishment of a 25 new, or maintenance of an existing, BAI20215 S.L.C. 173 1 donor advised fund (as defined in sec- 2 tion 4966(d)(2)). 3 Such term shall not include any amount 4 which is treated as a charitable contribu- 5 tion made in such taxable year by reason 6 of subsection (b)(1)(G)(ii) or (d)(1) of sec- 7 tion 170.’’. 8 (c) EFFECTIVE DATE.—The amendments made by 9 this section shall apply to taxable years beginning after 10 December 31, 2019. 11 12 13 SEC. 2205. MODIFICATION OF LIMITATIONS ON CHARITABLE CONTRIBUTIONS DURING 2020. (a) TEMPORARY SUSPENSION OF LIMITATIONS ON 14 CERTAIN CASH CONTRIBUTIONS.— 15 (1) IN GENERAL.—Except as otherwise pro- 16 vided in paragraph (2), qualified contributions shall 17 be disregarded in applying subsections (b) and (d) of 18 section 170 of the Internal Revenue Code of 1986. 19 (2) TREATMENT OF EXCESS CONTRIBUTIONS.— 20 For purposes of section 170 of the Internal Revenue 21 Code of 1986— 22 23 (A) INDIVIDUALS.—In the case of an individual— 24 (i) LIMITATION.—Any qualified con- 25 tribution shall be allowed as a deduction BAI20215 S.L.C. 174 1 only to the extent that the aggregate of 2 such contributions does not exceed the ex- 3 cess of the taxpayer’s contribution base (as 4 defined in subparagraph (H) of section 5 170(b)(1) of such Code) over the amount 6 of all other charitable contributions allowed 7 under section 170(b)(1) of such Code. 8 (ii) CARRYOVER.—If the aggregate 9 amount of qualified contributions made in 10 the contribution year (within the meaning 11 of section 170(d)(1) of such Code) exceeds 12 the limitation of clause (i), such excess 13 shall be added to the excess described in 14 section 170(b)(1)(G)(ii). 15 (B) CORPORATIONS.—In the case of a cor- 16 poration— 17 (i) LIMITATION.—Any qualified con- 18 tribution shall be allowed as a deduction 19 only to the extent that the aggregate of 20 such contributions does not exceed the ex- 21 cess of 25 percent of the taxpayer’s taxable 22 income (as determined under paragraph 23 (2) of section 170(b) of such Code) over 24 the amount of all other charitable con- 25 tributions allowed under such paragraph. BAI20215 S.L.C. 175 1 (ii) CARRYOVER.—If the aggregate 2 amount of qualified contributions made in 3 the contribution year (within the meaning 4 of section 170(d)(2) of such Code) exceeds 5 the limitation of clause (i), such excess 6 shall be appropriately taken into account 7 under section 170(d)(2) subject to the limi- 8 tations thereof. 9 10 (3) QUALIFIED (A) IN CONTRIBUTIONS.— GENERAL.—For purposes of this 11 subsection, the term ‘‘qualified contribution’’ 12 means any charitable contribution (as defined 13 in section 170(c) of the Internal Revenue Code 14 of 1986) if— 15 (i) such contribution is paid in cash 16 during calendar year 2020 to an organiza- 17 tion described in section 170(b)(1)(A) of 18 such Code, and 19 (ii) the taxpayer has elected the appli- 20 cation of this section with respect to such 21 contribution. 22 (B) EXCEPTION.—Such term shall not in- 23 clude a contribution by a donor if the contribu- 24 tion is— BAI20215 S.L.C. 176 1 (i) to an organization described in sec- 2 tion 509(a)(3) of the Internal Revenue 3 Code of 1986, or 4 (ii) for the establishment of a new, or 5 maintenance of an existing, donor advised 6 fund (as defined in section 4966(d)(2) of 7 such Code). 8 (C) APPLICATION 9 OF ELECTION TO PART- NERSHIPS AND S CORPORATIONS.—In the case 10 of a partnership or S corporation, the election 11 under subparagraph (A)(ii) shall be made sepa- 12 rately by each partner or shareholder. 13 (b) INCREASE IN LIMITS ON CONTRIBUTIONS OF 14 FOOD INVENTORY.—In the case of any charitable con15 tribution of food during 2020 to which section 16 170(e)(3)(C) of the Internal Revenue Code of 1986 ap17 plies, subclauses (I) and (II) of clause (ii) thereof shall 18 each be applied by substituting ‘‘25 percent’’ for ‘‘15 per19 cent.’’ 20 (c) EFFECTIVE DATE.—This section shall apply to 21 taxable years ending after December 31, 2019. 22 23 24 SEC. 2206. EXCLUSION FOR CERTAIN EMPLOYER PAYMENTS OF STUDENT LOANS. (a) IN GENERAL.—Paragraph (1) of section 127(c) 25 of the Internal Revenue Code of 1986 is amended by strik- BAI20215 S.L.C. 177 1 ing ‘‘and’’ at the end of subparagraph (A), by redesig2 nating subparagraph (B) as subparagraph (C), and by in3 serting after subparagraph (A) the following new subpara4 graph: 5 ‘‘(B) in the case of payments made before 6 January 1, 2021, the payment by an employer, 7 whether paid to the employee or to a lender, of 8 principal or interest on any qualified education 9 loan (as defined in section 221(d)(1)) incurred 10 by the employee for education of the employee, 11 and’’. 12 (b) CONFORMING AMENDMENT; DENIAL OF DOUBLE 13 BENEFIT.—The first sentence of paragraph (1) of section 14 221(e) of the Internal Revenue Code of 1986 is amended 15 by inserting before the period the following: ‘‘, or for which 16 an exclusion is allowable under section 127 to the taxpayer 17 by reason of the payment by the taxpayer’s employer of 18 any indebtedness on a qualified education loan of the tax19 payer’’. 20 (c) EFFECTIVE DATE.—The amendments made by 21 this section shall apply to payments made after the date 22 of the enactment of this Act. BAI20215 S.L.C. 178 1 Subtitle C—Business Provisions 2 SEC. 2301. EMPLOYEE RETENTION CREDIT FOR EMPLOY- 3 ERS SUBJECT TO CLOSURE DUE TO COVID-19. 4 (a) IN GENERAL.—In the case of an eligible em- 5 ployer, there shall be allowed as a credit against applicable 6 employment taxes for each calendar quarter an amount 7 equal to 50 percent of the qualified wages with respect 8 to each employee of such employer for such calendar quar9 ter. 10 11 (b) LIMITATIONS AND REFUNDABILITY.— (1) WAGES TAKEN INTO ACCOUNT.—The 12 amount of qualified wages with respect to any em- 13 ployee which may be taken into account under sub- 14 section (a) by the eligible employer for all calendar 15 quarters shall not exceed $10,000. 16 (2) 17 TAXES.—The 18 respect to any calendar quarter shall not exceed the 19 applicable employment taxes (reduced by any credits 20 allowed under subsections (e) and (f) of section 21 3111 of the Internal Revenue Code of 1986 and sec- 22 tions 7001 and 7003 of the Families First 23 Coronavirus Response Act) on the wages paid with 24 respect to the employment of all the employees of 25 the eligible employer for such calendar quarter. CREDIT LIMITED TO EMPLOYMENT credit allowed by subsection (a) with BAI20215 S.L.C. 179 1 (3) REFUNDABILITY 2 (A) IN OF EXCESS CREDIT.— GENERAL.—If the amount of the 3 credit under subsection (a) exceeds the limita- 4 tion of paragraph (2) for any calendar quarter, 5 such excess shall be treated as an overpayment 6 that shall be refunded under sections 6402(a) 7 and 6413(b) of the Internal Revenue Code of 8 1986. 9 (B) TREATMENT OF PAYMENTS.—For pur- 10 poses of section 1324 of title 31, United States 11 Code, any amounts due to the employer under 12 this paragraph shall be treated in the same 13 manner as a refund due from a credit provision 14 referred to in subsection (b)(2) of such section. 15 16 (c) DEFINITIONS.—For purposes of this section— (1) APPLICABLE EMPLOYMENT TAXES.—The 17 term ‘‘applicable employment taxes’’ means the fol- 18 lowing: 19 (A) The taxes imposed under section 20 3111(a) of the Internal Revenue Code of 1986. 21 (B) So much of the taxes imposed under 22 section 3221(a) of such Code as are attrib- 23 utable to the rate in effect under section 24 3111(a) of such Code. 25 (2) ELIGIBLE EMPLOYER.— BAI20215 S.L.C. 180 1 2 3 4 5 6 (A) IN GENERAL.—The term ‘‘eligible em- ployer’’ means any employer— (i) which was carrying on a trade or business during calendar year 2020, and (ii) with respect to any calendar quarter, for which— 7 (I) the operation of the trade or 8 business described in clause (i) is fully 9 or partially suspended during the cal- 10 endar quarter due to orders from an 11 appropriate governmental authority 12 limiting commerce, travel, or group 13 meetings (for commercial, social, reli- 14 gious, or other purposes) due to the 15 coronavirus disease 2019 (COVID- 16 19), or 17 (II) such calendar quarter is 18 within the period described in sub- 19 paragraph (B). 20 (B) SIGNIFICANT 21 CEIPTS.—The 22 graph is the period— DECLINE IN GROSS RE- period described in this subpara- 23 (i) beginning with the first calendar 24 quarter beginning after December 31, 25 2019, for which gross receipts (within the BAI20215 S.L.C. 181 1 meaning of section 448(c) of the Internal 2 Revenue Code of 1986) for the calendar 3 quarter are less than 50 percent of gross 4 receipts for the same calendar quarter in 5 the prior year, and 6 (ii) ending with the calendar quarter 7 following the first calendar quarter begin- 8 ning after a calendar quarter described in 9 clause (i) for which gross receipts of such 10 employer are greater than 80 percent of 11 gross receipts for the same calendar quar- 12 ter in the prior year. 13 (C) TAX-EXEMPT ORGANIZATIONS.—In the 14 case of an organization which is described in 15 section 501(c) of the Internal Revenue Code of 16 1986 and exempt from tax under section 501(a) 17 of such Code, clauses (i) and (ii)(I) of subpara- 18 graph (A) shall apply to all operations of such 19 organization. 20 (3) QUALIFIED WAGES.— 21 (A) IN 22 wages’’ means— GENERAL.—The term ‘‘qualified 23 (i) in the case of an eligible employer 24 for which the average number of full-time 25 employees (within the meaning of section BAI20215 S.L.C. 182 1 4980H of the Internal Revenue Code of 2 1986) employed by such eligible employer 3 during 2019 was greater than 100, wages 4 paid by such eligible employer with respect 5 to which an employee is not providing serv- 6 ices due to circumstances described in sub- 7 clause (I) or (II) of paragraph (2)(A)(ii), 8 or 9 (ii) in the case of an eligible employer 10 for which the average number of full-time 11 employees (within the meaning of section 12 4980H of the Internal Revenue Code of 13 1986) employed by such eligible employer 14 during 2019 was not greater than 100— 15 (I) with respect to an eligible em- 16 ployer described in subclause (I) of 17 paragraph (2)(A)(ii), wages paid by 18 such eligible employer with respect to 19 an employee during any period de- 20 scribed in such clause, or 21 (II) with respect to an eligible 22 employer described in subclause (II) 23 of such paragraph, wages paid by 24 such eligible employer with respect to 25 an employee during such quarter. BAI20215 S.L.C. 183 1 Such term shall not include any wages taken 2 into account under section 7001 or section 3 7003 of the Families First Coronavirus Re- 4 sponse Act. 5 (B) LIMITATION.—Qualified wages paid or 6 incurred by an eligible employer described in 7 subparagraph (A)(i) with respect to an em- 8 ployee for any period described in such sub- 9 paragraph may not exceed the amount such em- 10 ployee would have been paid for working an 11 equivalent duration during the 30 days imme- 12 diately preceding such period. 13 14 15 (C) ALLOWANCE FOR CERTAIN HEALTH PLAN EXPENSES.— (i) IN GENERAL.—The term ‘‘qualified 16 wages’’ shall include so much of the eligi- 17 ble employer’s qualified health plan ex- 18 penses as are properly allocable to such 19 wages. 20 (ii) QUALIFIED HEALTH PLAN EX- 21 PENSES.—For 22 the term ‘‘qualified health plan expenses’’ 23 means amounts paid or incurred by the eli- 24 gible employer to provide and maintain a 25 group health plan (as defined in section purposes of this paragraph, BAI20215 S.L.C. 184 1 5000(b)(1) of the Internal Revenue Code 2 of 1986), but only to the extent that such 3 amounts are excluded from the gross in- 4 come of employees by reason of section 5 106(a) of such Code. 6 (iii) ALLOCATION RULES.—For pur- 7 poses of this paragraph, qualified health 8 plan expenses shall be allocated to quali- 9 fied wages in such manner as the Sec- 10 retary may prescribe. Except as otherwise 11 provided by the Secretary, such allocation 12 shall be treated as properly made if made 13 on the basis of being pro rata among em- 14 ployees and pro rata on the basis of peri- 15 ods of coverage (relative to the periods to 16 which such wages relate). 17 (4) SECRETARY.—The term ‘‘Secretary’’ means 18 the Secretary of the Treasury or the Secretary’s del- 19 egate. 20 (5) WAGES.—The term ‘‘wages’’ means wages 21 (as defined in section 3121(a) of the Internal Rev- 22 enue Code of 1986) and compensation (as defined in 23 section 3231(e) of such Code). 24 25 (6) OTHER TERMS.—Any term used in this sec- tion which is also used in chapter 21 or 22 of the BAI20215 S.L.C. 185 1 Internal Revenue Code of 1986 shall have the same 2 meaning as when used in such chapter. 3 (d) AGGREGATION RULE.—All persons treated as a 4 single employer under subsection (a) or (b) of section 52 5 of the Internal Revenue Code of 1986, or subsection (m) 6 or (o) of section 414 of such Code, shall be treated as 7 one employer for purposes of this section. 8 (e) CERTAIN RULES TO APPLY.—For purposes of 9 this section, rules similar to the rules of sections 51(i)(1) 10 and 280C(a) of the Internal Revenue Code of 1986 shall 11 apply. 12 (f) CERTAIN GOVERNMENTAL EMPLOYERS.—This 13 credit shall not apply to the Government of the United 14 States, the government of any State or political subdivi15 sion thereof, or any agency or instrumentality of any of 16 the foregoing. 17 (g) ELECTION NOT TO HAVE SECTION APPLY.—This 18 section shall not apply with respect to any eligible em19 ployer for any calendar quarter if such employer elects (at 20 such time and in such manner as the Secretary may pre21 scribe) not to have this section apply. 22 (h) SPECIAL RULES.— 23 (1) EMPLOYEE 24 MORE THAN ONCE.—An 25 cluded for purposes of this section for any period NOT TAKEN INTO ACCOUNT employee shall not be in- BAI20215 S.L.C. 186 1 with respect to any employer if such employer is al- 2 lowed a credit under section 51 of the Internal Rev- 3 enue Code of 1986 with respect to such employee for 4 such period. 5 (2) DENIAL OF DOUBLE BENEFIT.—Any wages 6 taken into account in determining the credit allowed 7 under this section shall not be taken into account for 8 purposes of determining the credit allowed under 9 section 45S of such Code. 10 (3) THIRD PARTY PAYORS.—Any credit allowed 11 under this section shall be treated as a credit de- 12 scribed in section 3511(d)(2) of such Code. 13 (i) TRANSFERS 14 VIVORS INSURANCE TO FEDERAL OLD-AGE AND SUR- TRUST FUND.—There are hereby ap- 15 propriated to the Federal Old-Age and Survivors Insur16 ance Trust Fund and the Federal Disability Insurance 17 Trust Fund established under section 201 of the Social 18 Security Act (42 U.S.C. 401) and the Social Security 19 Equivalent Benefit Account established under section 20 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 21 14 231n–1(a)) amounts equal to the reduction in revenues 22 to the Treasury by reason of this section (without regard 23 to this subsection). Amounts appropriated by the pre24 ceding sentence shall be transferred from the general fund 25 at such times and in such manner as to replicate to the BAI20215 S.L.C. 187 1 extent possible the transfers which would have occurred 2 to such Trust Fund or Account had this section not been 3 enacted. 4 (j) RULE FOR EMPLOYERS TAKING SMALL BUSINESS 5 INTERRUPTION LOAN.—If an eligible employer receives a 6 covered loan under paragraph (36) of section 7(a) of the 7 Small Business Act (15 U.S.C. 636(a)), as added by sec8 tion 1102 of this Act, such employer shall not be eligible 9 for the credit under this section. 10 (k) TREATMENT OF DEPOSITS.—The Secretary shall 11 waive any penalty under section 6656 of the Internal Rev12 enue Code of 1986 for any failure to make a deposit of 13 any applicable employment taxes if the Secretary deter14 mines that such failure was due to the reasonable anticipa15 tion of the credit allowed under this section. 16 (l) REGULATIONS AND GUIDANCE.—The Secretary 17 shall issue such forms, instructions, regulations, and guid18 ance as are necessary— 19 (1) to allow the advance payment of the credit 20 under subsection (a), subject to the limitations pro- 21 vided in this section, based on such information as 22 the Secretary shall require, 23 (2) to provide for the reconciliation of such ad- 24 vance payment with the amount advanced at the BAI20215 S.L.C. 188 1 time of filing the return of tax for the applicable cal- 2 endar quarter or taxable year, 3 (3) to provide for the recapture of the credit 4 under this section if such credit is allowed to a tax- 5 payer which receives a loan described in subsection 6 (j) during a subsequent quarter, 7 (4) with respect to the application of the credit 8 under subsection (a) to third party payors (including 9 professional employer organizations, certified profes- 10 sional employer organizations, or agents under sec- 11 tion 3504 of the Internal Revenue Code of 1986), 12 including regulations or guidance allowing such 13 payors to submit documentation necessary to sub- 14 stantiate the eligible employer status of employers 15 that use such payors, and 16 (5) for application of subparagraphs (A)(ii)(II) 17 and (B) of subsection (c)(2) in the case of any em- 18 ployer which was not carrying on a trade or business 19 for all or part of the same calendar quarter in the 20 prior year. 21 (m) APPLICATION.—This section shall only apply to 22 wages paid after March 12, 2020, and before January 1, 23 2021. BAI20215 S.L.C. 189 1 SEC. 2302. DELAY OF PAYMENT OF EMPLOYER PAYROLL 2 3 TAXES. (a) IN GENERAL.— 4 (1) TAXES.—Notwithstanding any other provi- 5 sion of law, the payment for applicable employment 6 taxes for the payroll tax deferral period shall not be 7 due before the applicable date. 8 (2) DEPOSITS.—Notwithstanding section 6302 9 of the Internal Revenue Code of 1986, an employer 10 shall be treated as having timely made all deposits 11 of applicable employment taxes that are required to 12 be made (without regard to this section) for such 13 taxes during the payroll tax deferral period if all 14 such deposits are made not later than the applicable 15 date. 16 (3) EXCEPTION.—This subsection shall not 17 apply to any taxpayer if such taxpayer has had in- 18 debtedness forgiven under section 1106 of this Act 19 with respect to a loan under paragraph (36) of sec- 20 tion 7(a) of the Small Business Act (15 U.S.C. 21 636(a)), as added by section 1102 of this Act, or in- 22 debtedness forgiven under section 1109 of this Act. 23 (b) SECA.— 24 (1) IN GENERAL.—Notwithstanding any other 25 provision of law, the payment for 50 percent of the 26 taxes imposed under section 1401(a) of the Internal BAI20215 S.L.C. 190 1 Revenue Code of 1986 for the payroll tax deferral 2 period shall not be due before the applicable date. 3 (2) ESTIMATED TAXES.—For purposes of ap- 4 plying section 6654 of the Internal Revenue Code of 5 1986 to any taxable year which includes any part of 6 the payroll tax deferral period, 50 percent of the 7 taxes imposed under section 1401(a) of such Code 8 for the payroll tax deferral period shall not be treat- 9 ed as taxes to which such section 6654 applies. 10 11 (c) LIABILITY OF THIRD PARTIES.— (1) ACTS TO BE PERFORMED BY AGENTS.—For 12 purposes of section 3504 of the Internal Revenue 13 Code of 1986, in the case of any person designated 14 pursuant to such section (and any regulations or 15 other guidance issued by the Secretary with respect 16 to such section) to perform acts otherwise required 17 to be performed by an employer under such Code, if 18 such employer directs such person to defer payment 19 of any applicable employment taxes during the pay- 20 roll tax deferral period under this section, such em- 21 ployer shall be solely liable for the payment of such 22 applicable employment taxes before the applicable 23 date for any wages paid by such person on behalf of 24 such employer during such period. BAI20215 S.L.C. 191 1 (2) CERTIFIED PROFESSIONAL EMPLOYER OR- 2 GANIZATIONS.—For purposes of section 3511, in the 3 case of a certified professional employer organization 4 (as defined in subsection (a) of section 7705 of the 5 Internal Revenue Code of 1986) that has entered 6 into a service contract described in subsection (e)(2) 7 of such section with a customer, if such customer di- 8 rects such organization to defer payment of any ap- 9 plicable employment taxes during the payroll tax de- 10 ferral period under this section, such customer shall, 11 notwithstanding subsections (a) and (c) of section 12 3511, be solely liable for the payment of such appli- 13 cable employment taxes before the applicable date 14 for any wages paid by such organization to any work 15 site employee performing services for such customer 16 during such period. 17 (d) DEFINITIONS.—For purposes of this section— 18 (1) APPLICABLE EMPLOYMENT TAXES.—The 19 term ‘‘applicable employment taxes’’ means the fol- 20 lowing: 21 (A) The taxes imposed under section 22 3111(a) of the Internal Revenue Code of 1986. 23 (B) So much of the taxes imposed under 24 section 3211(a) of such Code as are attrib- BAI20215 S.L.C. 192 1 utable to the rate in effect under section 2 3111(a) of such Code. 3 (C) So much of the taxes imposed under 4 section 3221(a) of such Code as are attrib- 5 utable to the rate in effect under section 6 3111(a) of such Code. 7 (2) PAYROLL TAX DEFERRAL PERIOD.—The 8 term ‘‘payroll tax deferral period’’ means the period 9 beginning on the date of the enactment of this Act 10 11 12 and ending before January 1, 2021. (3) APPLICABLE DATE.—The term ‘‘applicable date’’ means— 13 (A) December 31, 2021, with respect to 50 14 percent of the amounts to which subsection (a) 15 or (b), as the case may be, apply, and 16 (B) December 31, 2022, with respect to 17 the remaining such amounts. 18 (4) SECRETARY.—The term ‘‘Secretary’’ means 19 the Secretary of the Treasury (or the Secretary’s 20 delegate). 21 (e) TRUST FUNDS HELD HARMLESS.—There are 22 hereby appropriated (out of any money in the Treasury 23 not otherwise appropriated) for each fiscal year to the 24 Federal Old-Age and Survivors Insurance Trust Fund and 25 the Federal Disability Insurance Trust Fund established BAI20215 S.L.C. 193 1 under section 201 of the Social Security Act (42 U.S.C. 2 401) and the Social Security Equivalent Benefit Account 3 established under section 15A(a) of the Railroad Retire4 ment Act of 1974 (45 U.S.C. 231n–1(a)) an amount equal 5 to the reduction in the transfers to such fund for such 6 fiscal year by reason of this section. Amounts appropriated 7 by the preceding sentence shall be transferred from the 8 general fund at such times and in such manner as to rep9 licate to the extent possible the transfers which would have 10 occurred to such Trust Fund had such amendments not 11 been enacted. 12 (f) REGULATORY AUTHORITY.—The Secretary shall 13 issue such regulations or other guidance as necessary to 14 carry out the purposes of this section, including rules for 15 the administration and enforcement of subsection (c). 16 17 18 19 SEC. 2303. MODIFICATIONS FOR NET OPERATING LOSSES. (a) TEMPORARY REPEAL OF TAXABLE INCOME LIMITATION.— (1) IN GENERAL.—The first sentence of section 20 172(a) of the Internal Revenue Code of 1986 is 21 amended by striking ‘‘an amount equal to’’ and all 22 that follows and inserting ‘‘an amount equal to— 23 ‘‘(1) in the case of a taxable year beginning be- 24 fore January 1, 2021, the aggregate of the net oper- BAI20215 S.L.C. 194 1 ating loss carryovers to such year, plus the net oper- 2 ating loss carrybacks to such year, and 3 4 ‘‘(2) in the case of a taxable year beginning after December 31, 2020, the sum of— 5 ‘‘(A) the aggregate amount of net oper- 6 ating losses arising in taxable years beginning 7 before January 1, 2018, carried to such taxable 8 year, plus 9 ‘‘(B) the lesser of— 10 ‘‘(i) the aggregate amount of net op- 11 erating losses arising in taxable years be- 12 ginning after December 31, 2017, carried 13 to such taxable year, or 14 15 ‘‘(ii) 80 percent of the excess (if any) of— 16 ‘‘(I) taxable income computed 17 without regard to the deductions 18 under this section and sections 199A 19 and 250, over 20 ‘‘(II) 21 22 23 24 the amount determined under subparagraph (A).’’. (2) CONFORMING AMENDMENTS.— (A) Section 172(b)(2)(C) of such Code is amended to read as follows: BAI20215 S.L.C. 195 1 ‘‘(C) for taxable years beginning after De- 2 cember 31, 2020, be reduced by 20 percent of 3 the excess (if any) described in subsection 4 (a)(2)(B)(ii) for such taxable year.’’. 5 (B) Section 172(d)(6)(C) of such Code is 6 amended by striking ‘‘subsection (a)(2)’’ and 7 inserting ‘‘subsection (a)(2)(B)(ii)(I)’’. 8 (C) Section 860E(a)(3)(B) of such Code is 9 amended by striking all that follows ‘‘for pur- 10 poses 11 (a)(2)(B)(ii)(I) and the second sentence of sub- 12 section (b)(2) of section 172.’’. 13 of’’ and (b) MODIFICATIONS inserting OF ‘‘subsection RULES RELATING TO 14 CARRYBACKS.— 15 (1) IN GENERAL.—Section 172(b)(1) of the In- 16 ternal Revenue Code of 1986 is amended by adding 17 at the end the following new subparagraph: 18 ‘‘(D) SPECIAL RULE FOR LOSSES ARISING 19 IN 2018, 2019, AND 2020.— 20 ‘‘(i) IN GENERAL.—In the case of any 21 net operating loss arising in a taxable year 22 beginning after December 31, 2017, and 23 before January 1, 2021— 24 ‘‘(I) such loss shall be a net oper- 25 ating loss carryback to each of the 5 BAI20215 S.L.C. 196 1 taxable years preceding the taxable 2 year of such loss, and 3 ‘‘(II) subparagraphs 4 (C)(i) shall not apply. 5 ‘‘(ii) SPECIAL 6 7 (B) and RULES FOR REITS.— For purposes of this subparagraph— ‘‘(I) IN GENERAL.—A net oper- 8 ating loss for a REIT year shall not 9 be a net operating loss carryback to 10 any taxable year preceding the taxable 11 year of such loss. 12 ‘‘(II) SPECIAL RULE.—In the 13 case of any net operating loss for a 14 taxable year which is not a REIT 15 year, such loss shall not be carried to 16 any preceding taxable year which is a 17 REIT year. 18 ‘‘(III) REIT YEAR.—For pur- 19 poses of this subparagraph, the term 20 ‘REIT year’ means any taxable year 21 for which the provisions of part II of 22 subchapter M (relating to real estate 23 investment trusts) apply to the tax- 24 payer. BAI20215 S.L.C. 197 1 ‘‘(iii) SPECIAL RULE FOR LIFE INSUR- 2 ANCE COMPANIES.— 3 insurance company, if a net operating loss 4 is carried pursuant to clause (i)(I) to a life 5 insurance company taxable year beginning 6 before January 1, 2018, such net oper- 7 ating loss carryback shall be treated in the 8 same 9 carryback (within the meaning of section 10 810 as in effect before its repeal) of such 11 company to such taxable year. 12 manner ‘‘(iv) as In the case of a life an RULE operations RELATING loss TO 13 CARRYBACKS TO YEARS TO WHICH SEC- 14 TION 965 APPLIES.—If 15 of a taxpayer is carried pursuant to clause 16 (i)(I) to any taxable year in which an 17 amount is includible in gross income by 18 reason of section 965(a), the taxpayer shall 19 be treated as having made the election 20 under section 965(n) with respect to each 21 such taxable year. 22 ‘‘(v) SPECIAL 23 24 25 a net operating loss RULES FOR ELECTIONS UNDER PARAGRAPH (3).— ‘‘(I) SPECIAL ELECTION TO EX- CLUDE SECTION 965 YEARS.— If the BAI20215 S.L.C. 198 1 5-year carryback period under clause 2 (i)(I) with respect to any net oper- 3 ating loss of a taxpayer includes 1 or 4 more taxable years in which an 5 amount is includible in gross income 6 by reason of section 965(a), the tax- 7 payer may, in lieu of the election oth- 8 erwise available under paragraph (3), 9 elect under such paragraph to exclude 10 all such taxable years from such 11 carryback period. 12 ‘‘(II) TIME OF ELECTIONS.—An 13 election under paragraph (3) (includ- 14 ing an election described in subclause 15 (I)) with respect to a net operating 16 loss arising in a taxable year begin- 17 ning in 2018 or 2019 shall be made 18 by the due date (including extensions 19 of time) for filing the taxpayer’s re- 20 turn for the first taxable year ending 21 after the date of the enactment of this 22 subparagraph.’’. 23 24 (2) CONFORMING AMENDMENT.—Section 172(b)(1)(A) of such Code, as amended by sub- BAI20215 S.L.C. 199 1 section (c)(2), is amended by striking ‘‘and (C)(i)’’ 2 and inserting ‘‘, (C)(i), and (D)’’. 3 (c) TECHNICAL AMENDMENT RELATING TO SECTION 4 13302 OF PUBLIC LAW 115–97.— 5 (1) Section 13302(e) of Public Law 115–97 is 6 amended to read as follows: 7 ‘‘(e) EFFECTIVE DATES.— 8 9 10 11 12 ‘‘(1) NET OPERATING LOSS LIMITATION.—The amendments made by subsections (a) and (d)(2) shall apply to— ‘‘(A) taxable years beginning after December 31, 2017, and 13 ‘‘(B) taxable years beginning on or before 14 such date to which net operating losses arising 15 in taxable years beginning after such date are 16 carried. 17 ‘‘(2) CARRYOVERS AND CARRYBACKS.—The 18 amendments made by subsections (b), (c), and 19 (d)(1) shall apply to net operating losses arising in 20 taxable years beginning after December 31, 2017.’’. 21 (2) Section 172(b)(1)(A) of the Internal Rev- 22 enue Code of 1986 is amended to read as follows: 23 ‘‘(A) GENERAL 24 loss for any taxable year— RULE.—A net operating BAI20215 S.L.C. 200 1 ‘‘(i) shall be a net operating loss 2 carryback to the extent provided in sub- 3 paragraphs (B) and (C)(i), and 4 ‘‘(ii) except as provided in subpara- 5 graph (C)(ii), shall be a net operating loss 6 carryover— 7 ‘‘(I) in the case of a net oper- 8 ating loss arising in a taxable year be- 9 ginning before January 1, 2018, to 10 each of the 20 taxable years following 11 the taxable year of the loss, and 12 ‘‘(II) in the case of a net oper- 13 ating loss arising in a taxable year be- 14 ginning after December 31, 2017, to 15 each taxable year following the tax- 16 able year of the loss.’’. 17 18 19 20 21 (d) EFFECTIVE DATES.— (1) NET OPERATING LOSS LIMITATION.—The amendments made by subsection (a) shall apply— (A) to taxable years beginning after December 31, 2017, and 22 (B) to taxable years beginning on or before 23 December 31, 2017, to which net operating 24 losses arising in taxable years beginning after 25 December 31, 2017, are carried. BAI20215 S.L.C. 201 1 (2) CARRYOVERS AND CARRYBACKS.—The 2 amendment made by subsection (b) shall apply to— 3 (A) net operating losses arising in taxable 4 years beginning after December 31, 2017, and 5 (B) taxable years beginning before, on, or 6 after such date to which such net operating 7 losses are carried. 8 (3) TECHNICAL AMENDMENTS.—The amend- 9 ments made by subsection (c) shall take effect as if 10 included in the provisions of Public Law 115–97 to 11 which they relate. 12 (4) SPECIAL RULE.—In the case of a net oper- 13 ating loss arising in a taxable year beginning before 14 January 1, 2018, and ending after December 31, 15 2017— 16 (A) an application under section 6411(a) 17 of the Internal Revenue Code of 1986 with re- 18 spect to the carryback of such net operating 19 loss shall not fail to be treated as timely filed 20 if filed not later than the date which is 120 21 days after the date of the enactment of this 22 Act, and 23 24 25 (B) an election to— (i) forgo any carryback of such net operating loss, BAI20215 S.L.C. 202 1 (ii) reduce any period to which such 2 net operating loss may be carried back, or 3 (iii) revoke any election made under 4 section 172(b) to forgo any carryback of 5 such net operating loss, 6 shall not fail to be treated as timely made if 7 made not later than the date which is 120 days 8 after the date of the enactment of this Act. 9 SEC. 2304. MODIFICATION OF LIMITATION ON LOSSES FOR 10 TAXPAYERS OTHER THAN CORPORATIONS. 11 (a) IN GENERAL.—Section 461(l)(1) of the Internal 12 Revenue Code of 1986 is amended to read as follows: 13 ‘‘(1) LIMITATION.—In the case of a taxpayer 14 other than a corporation— 15 ‘‘(A) for any taxable year beginning after 16 December 31, 2017, and before January 1, 17 2026, subsection (j) (relating to limitation on 18 excess farm losses of certain taxpayers) shall 19 not apply, and 20 ‘‘(B) for any taxable year beginning after 21 December 31, 2020, and before January 1, 22 2026, any excess business loss of the taxpayer 23 for the taxable year shall not be allowed.’’. 24 25 (b) TECHNICAL AMENDMENTS RELATING TION 11012 OF PUBLIC LAW 115–97.— TO SEC- BAI20215 S.L.C. 203 1 (1) Section 461(l)(2) of the Internal Revenue 2 Code of 1986 is amended by striking ‘‘a net oper- 3 ating loss carryover to the following taxable year 4 under section 172’’ and inserting ‘‘a net operating 5 loss for the taxable year for purposes of determining 6 any net operating loss carryover under section 7 172(b) for subsequent taxable years’’. 8 9 (2) Section 461(l)(3)(A) of such Code is amended— 10 (A) in clause (i), by inserting ‘‘and without 11 regard to any deduction allowable under section 12 172 or 199A’’ after ‘‘under paragraph (1)’’, 13 and 14 15 (B) by adding at the end the following flush sentence: 16 ‘‘Such excess shall be determined without regard to 17 any deductions, gross income, or gains attributable 18 to any trade or business of performing services as an 19 employee.’’. 20 (3) Section 461(l)(3) of such Code is amended 21 by redesignating subparagraph (B) as subparagraph 22 (C) and by inserting after subparagraph (A) the fol- 23 lowing new subparagraph: 24 25 ‘‘(B) TREATMENT LOSSES.— OF CAPITAL GAINS AND BAI20215 S.L.C. 204 1 ‘‘(i) LOSSES.—Deductions for losses 2 from sales or exchanges of capital assets 3 shall not be taken into account under sub- 4 paragraph (A)(i). 5 ‘‘(ii) GAINS.—The amount of gains 6 from sales or exchanges of capital assets 7 taken into account under subparagraph 8 (A)(ii) shall not exceed the lesser of— 9 ‘‘(I) the capital gain net income 10 determined by taking into account 11 only gains and losses attributable to a 12 trade or business, or 13 ‘‘(II) the capital gain net in- 14 15 16 come.’’. (c) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by 17 subsection (a) shall apply to taxable years beginning 18 after December 31, 2017. 19 (2) TECHNICAL AMENDMENTS.—The amend- 20 ments made by subsection (b) shall take effect as if 21 included in the provisions of Public Law 115–97 to 22 which they relate. BAI20215 S.L.C. 205 1 SEC. 2305. MODIFICATION OF CREDIT FOR PRIOR YEAR 2 MINIMUM TAX LIABILITY OF CORPORATIONS. 3 (a) IN GENERAL.—Section 53(e) of the Internal Rev- 4 enue Code of 1986 is amended— 5 6 7 (1) by striking ‘‘2018, 2019, 2020, or 2021’’ in paragraph (1) and inserting ‘‘2018 or 2019’’, and (2) by striking ‘‘2021’’ in paragraph (2) and in- 8 serting ‘‘2019’’. 9 (b) ELECTION TO TAKE ENTIRE REFUNDABLE 10 CREDIT AMOUNT IN 2018.— 11 (1) IN GENERAL.—Section 53(e) of such Code 12 is amended by adding at the end the following new 13 paragraph: 14 15 ‘‘(5) SPECIAL RULE.—In the case of a corpora- tion making an election under this paragraph— 16 ‘‘(A) paragraph (1) shall not apply, and 17 ‘‘(B) subsection (c) shall not apply to the 18 first taxable year of such corporation beginning 19 in 2018.’’. 20 (c) EFFECTIVE DATE.—The amendments made by 21 this section shall apply to taxable years beginning after 22 December 31, 2017. 23 24 (d) SPECIAL RULE.— (1) IN GENERAL.—For purposes of the Internal 25 Revenue Code of 1986, a credit or refund for which 26 an application described in paragraph (2)(A) is filed BAI20215 S.L.C. 206 1 shall be treated as made under section 6411 of such 2 Code. 3 (2) TENTATIVE REFUND.— 4 (A) APPLICATION.—A taxpayer may file an 5 application for a tentative refund of any 6 amount for which a refund is due by reason of 7 an election under section 53(e)(5) of the Inter- 8 nal Revenue Code of 1986. Such application 9 shall be in such manner and form as the Sec- 10 retary of the Treasury (or the Secretary’s dele- 11 gate) may prescribe and shall— 12 (i) be verified in the same manner as 13 an application under section 6411(a) of 14 such Code, 15 16 17 (ii) be filed prior to December 31, 2020, and (iii) set forth— 18 (I) the amount of the refundable 19 credit claimed under section 53(e) of 20 such Code for such taxable year, 21 (II) the amount of the refundable 22 credit claimed under such section for 23 any previously filed return for such 24 taxable year, and BAI20215 S.L.C. 207 1 (III) the amount of the refund 2 3 claimed. (B) ALLOWANCE OF ADJUSTMENTS.— 4 Within a period of 90 days from the date on 5 which an application is filed under subpara- 6 graph (A), the Secretary of the Treasury (or 7 the Secretary’s delegate) shall— 8 (i) review the application, 9 (ii) determine the amount of the over- 10 payment, and 11 12 (iii) apply, credit, or refund such overpayment, 13 in a manner similar to the manner provided in 14 section 6411(b) of the Internal Revenue Code 15 of 1986. 16 (C) CONSOLIDATED RETURNS.—The provi- 17 sions of section 6411(c) of the Internal Revenue 18 Code of 1986 Code shall apply to an adjust- 19 ment under this paragraph to the same extent 20 and manner as the Secretary of the Treasury 21 (or the Secretary’s delegate) may provide. 22 23 24 SEC. 2306. MODIFICATIONS OF LIMITATION ON BUSINESS INTEREST. (a) IN GENERAL.—Section 163(j) of the Internal 25 Revenue Code of 1986 is amended by redesignating para- BAI20215 S.L.C. 208 1 graph (10) as paragraph (11) and by inserting after para2 graph (9) the following new paragraph: 3 4 5 6 ‘‘(10) SPECIAL RULE FOR TAXABLE YEARS BE- GINNING IN 2019 AND 2020.— ‘‘(A) IN GENERAL.— ‘‘(i) IN GENERAL.—Except as pro- 7 vided in clause (ii) or (iii), in the case of 8 any taxable year beginning in 2019 or 9 2020, paragraph (1)(B) shall be applied by 10 11 12 substituting ‘50 percent’ for ‘30 percent’. ‘‘(ii) SPECIAL SHIPS.—In RULE FOR PARTNER- the case of a partnership— 13 ‘‘(I) clause (i) shall not apply to 14 any taxable year beginning in 2019, 15 but 16 ‘‘(II) unless a partner elects not 17 to have this subclause apply, in the 18 case of any excess business interest of 19 the partnership for any taxable year 20 beginning in 2019 which is allocated 21 to 22 (4)(B)(i)(II)— the partner under paragraph 23 ‘‘(aa) 50 percent of such ex- 24 cess business interest shall be 25 treated as business interest BAI20215 S.L.C. 209 1 which, 2 graph (4)(B)(ii), is paid or ac- 3 crued by the partner in the part- 4 ner’s first taxable year beginning 5 in 2020 and which is not subject 6 to the limits of paragraph (1), 7 and notwithstanding para- 8 ‘‘(bb) 50 percent of such ex- 9 cess business interest shall be 10 subject to the limitations of para- 11 graph (4)(B)(ii) in the same 12 manner as any other excess busi- 13 ness interest so allocated. 14 ‘‘(iii) ELECTION OUT.—A taxpayer 15 may elect, at such time and in such man- 16 ner as the Secretary may prescribe, not to 17 have clause (i) apply to any taxable year. 18 Such an election, once made, may be re- 19 voked only with the consent of the Sec- 20 retary. In the case of a partnership, any 21 such election shall be made by the partner- 22 ship and may be made only for taxable 23 years beginning in 2020. BAI20215 S.L.C. 210 1 ‘‘(B) ELECTION TO USE 2019 ADJUSTED 2 TAXABLE INCOME FOR TAXABLE YEARS BEGIN- 3 NING IN 2020.— 4 ‘‘(i) IN GENERAL.—Subject to clause 5 (ii), in the case of any taxable year begin- 6 ning in 2020, the taxpayer may elect to 7 apply this subsection by substituting the 8 adjusted taxable income of the taxpayer for 9 the last taxable year beginning in 2019 for 10 the adjusted taxable income for such tax- 11 able year. In the case of a partnership, any 12 such election shall be made by the partner- 13 ship. 14 ‘‘(ii) SPECIAL RULE FOR SHORT TAX- YEARS.—If an election is made 15 ABLE 16 under clause (i) for a taxable year which is 17 a short taxable year, the adjusted taxable 18 income for the taxpayer’s last taxable year 19 beginning in 2019 which is substituted 20 under clause (i) shall be equal to the 21 amount which bears the same ratio to such 22 adjusted taxable income determined with- 23 out regard to this clause as the number of 24 months in the short taxable year bears to 25 12’’. BAI20215 S.L.C. 211 1 (b) EFFECTIVE DATE.—The amendments made by 2 this section shall apply to taxable years beginning after 3 December 31, 2018. 4 SEC. 2307. TECHNICAL AMENDMENTS REGARDING QUALI- 5 FIED IMPROVEMENT PROPERTY. 6 (a) IN GENERAL.—Section 168 of the Internal Rev- 7 enue Code of 1986 is amended— 8 (1) in subsection (e)— 9 (A) in paragraph (3)(E), by striking ‘‘and’’ 10 at the end of clause (v), by striking the period 11 at the end of clause (vi) and inserting ‘‘, and’’, 12 and by adding at the end the following new 13 clause: 14 ‘‘(vii) any qualified improvement prop- 15 erty.’’, and 16 (B) in paragraph (6)(A), by inserting 17 ‘‘made by the taxpayer’’ after ‘‘any improve- 18 ment’’, and 19 (2) in the table contained in subsection 20 21 22 23 24 (g)(3)(B)— (A) by striking the item relating to subparagraph (D)(v), and (B) by inserting after the item relating to subparagraph (E)(vi) the following new item: ‘‘(E)(vii) ....................................................................................... 20’’. BAI20215 S.L.C. 212 1 (b) EFFECTIVE DATE.—The amendments made by 2 this section shall take effect as if included in section 3 13204 of Public Law 115–97. 4 SEC. 2308. TEMPORARY EXCEPTION FROM EXCISE TAX FOR 5 ALCOHOL USED TO PRODUCE HAND SANI- 6 TIZER. 7 (a) IN GENERAL.—Section 5214(a) of the Internal 8 Revenue Code of 1986 is amended— 9 10 11 12 (1) in paragraph (13), by striking the period at the end and inserting ‘‘; or’’, and (2) by adding at the end the following new paragraph: 13 ‘‘(14) with respect to distilled spirits removed 14 after December 31, 2019, and before January 1, 15 2021, free of tax for use in or contained in hand 16 sanitizer produced and distributed in a manner con- 17 sistent with any guidance issued by the Food and 18 Drug Administration that is related to the outbreak 19 of virus SARS-CoV-2 or coronavirus disease 2019 20 (COVID-19).’’. 21 (b) EFFECTIVE DATE.—The amendments made by 22 this section shall apply to distilled spirits removed after 23 December 31, 2019. 24 (c) APPLICATION OF OTHER LAWS.—Any distilled 25 spirits or product described in paragraph (14) of section BAI20215 S.L.C. 213 1 5214(a) of the Internal Revenue Code of 1986 (as added 2 by this section) shall not be subject to any requirements 3 related to labeling or bulk sales under— 4 5 6 7 (1) section 105 or 106 of the Federal Alcohol Administration Act (27 U.S.C. 205, 206); or (2) section 204 of the Alcoholic Beverage Labeling Act of 1988 (27 U.S.C. 215). 12 TITLE III—SUPPORTING AMERICA’S HEALTH CARE SYSTEM IN THE FIGHT AGAINST THE CORONAVIRUS Subtitle A—Health Provisions 13 SEC. 3001. SHORT TITLE. 8 9 10 11 14 This subtitle may be cited as the ‘‘Coronavirus Aid, 15 Relief, and Economic Security Act’’. 16 PART I—ADDRESSING SUPPLY SHORTAGES 17 Subpart A—Medical Product Supplies 18 SEC. 3101. NATIONAL ACADEMIES REPORT ON AMERICA’S 19 MEDICAL PRODUCT SUPPLY CHAIN SECU- 20 RITY. 21 (a) IN GENERAL.—Not later than 60 days after the 22 date of enactment of this Act, the Secretary of Health and 23 Human Services shall enter into an agreement with the 24 National Academies of Sciences, Engineering, and Medi25 cine (referred to in this section as the ‘‘National Acad- BAI20215 S.L.C. 214 1 emies’’) to examine, and, in a manner that does not com2 promise national security, report on, the security of the 3 United States medical product supply chain. 4 (b) PURPOSES.—The report developed under this sec- 5 tion shall— 6 (1) assess and evaluate the dependence of the 7 United States, including the private commercial sec- 8 tor, States, and the Federal Government, on critical 9 drugs and devices that are sourced or manufactured 10 outside of the United States, which may include an 11 analysis of— 12 (A) the supply chain of critical drugs and 13 devices of greatest priority to providing health 14 care; 15 (B) any potential public health security or 16 national security risks associated with reliance 17 on critical drugs and devices sourced or manu- 18 factured outside of the United States, which 19 may include responses to previous or existing 20 shortages or public health emergencies, such as 21 infectious disease outbreaks, bioterror attacks, 22 and other public health threats; 23 24 (C) any existing supply chain information gaps, as applicable; and BAI20215 S.L.C. 215 1 (D) potential economic impact of increased 2 domestic manufacturing; and 3 (2) provide recommendations, which may in- 4 clude a plan to improve the resiliency of the supply 5 chain for critical drugs and devices as described in 6 paragraph 7 vulnerabilities or potential disruptions of such prod- 8 ucts that would significantly affect or pose a threat 9 to public health security or national security, as ap- 10 (1), and to address any supply propriate, which may include strategies to— 11 (A) promote supply chain redundancy and 12 contingency planning; 13 (B) encourage domestic manufacturing, in- 14 cluding consideration of economic impacts, if 15 any; 16 (C) improve supply chain information 17 gaps; 18 (D) improve planning considerations for 19 medical product supply chain capacity during 20 public health emergencies; and 21 (E) promote the accessibility of such drugs 22 23 and devices. (c) INPUT.—In conducting the study and developing 24 the report under subsection (b), the National Academies 25 shall— BAI20215 S.L.C. 216 1 (1) consider input from the Department of 2 Health and Human Services, the Department of 3 Homeland Security, the Department of Defense, the 4 Department of Commerce, the Department of State, 5 the Department of Veterans Affairs, the Department 6 of Justice, and any other Federal agencies as appro- 7 priate; and 8 (2) consult with relevant stakeholders, which 9 may include conducting public meetings and other 10 forms of engagement, as appropriate, with health 11 care providers, medical professional societies, State- 12 based societies, public health experts, State and local 13 public health departments, State medical boards, pa- 14 tient groups, medical product manufacturers, health 15 care distributors, wholesalers and group purchasing 16 organizations, pharmacists, and other entities with 17 experience in health care and public health, as ap- 18 propriate. 19 (d) DEFINITIONS.—In this section, the terms ‘‘de- 20 vice’’ and ‘‘drug’’ have the meanings given such terms in 21 section 201 of the Federal Food, Drug, and Cosmetic Act 22 (21 U.S.C. 321). BAI20215 S.L.C. 217 1 SEC. 3102. REQUIRING THE STRATEGIC NATIONAL STOCK- 2 PILE TO INCLUDE CERTAIN TYPES OF MED- 3 ICAL SUPPLIES. 4 Section 319F–2(a)(1) of the Public Health Service 5 Act (42 U.S.C. 247d–6b(a)(1)) is amended by inserting 6 ‘‘(including personal protective equipment, ancillary med7 ical supplies, and other applicable supplies required for the 8 administration of drugs, vaccines and other biological 9 products, medical devices, and diagnostic tests in the 10 stockpile)’’ after ‘‘other supplies’’. 11 SEC. 3103. TREATMENT OF RESPIRATORY PROTECTIVE DE- 12 13 VICES AS COVERED COUNTERMEASURES. Section 319F–3(i)(1)(D) of the Public Health Service 14 Act (42 U.S.C. 247d–6d(i)(1)(D)) is amended to read as 15 follows: 16 ‘‘(D) a respiratory protective device that is 17 approved by the National Institute for Occupa- 18 tional Safety and Health under part 84 of title 19 42, Code of Federal Regulations (or any suc- 20 cessor regulations), and that the Secretary de- 21 termines to be a priority for use during a public 22 health emergency declared under section 319.’’. BAI20215 S.L.C. 218 1 Subpart B—Mitigating Emergency Drug Shortages 2 SEC. 3111. PRIORITIZE REVIEWS OF DRUG APPLICATIONS; 3 4 INCENTIVES. Section 506C(g) of the Federal Food, Drug, and Cos- 5 metic Act (21 U.S.C. 356c(g)) is amended— 6 (1) in paragraph (1), by striking ‘‘the Secretary 7 may’’ and inserting ‘‘the Secretary shall, as appro- 8 priate’’; 9 10 11 12 (2) in paragraph (1), by inserting ‘‘prioritize and’’ before ‘‘expedite the review’’; and (3) in paragraph (2), by inserting ‘‘prioritize and’’ before ‘‘expedite an inspection’’. 13 SEC. 3112. ADDITIONAL MANUFACTURER REPORTING RE- 14 QUIREMENTS IN RESPONSE TO DRUG SHORT- 15 AGES. 16 17 (a) EXPANSION TO INCLUDE ACTIVE PHARMACEUTICAL INGREDIENTS.—Subsection (a) of section 506C 18 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 19 356c) is amended— 20 (1) in paragraph (1)(C), by inserting ‘‘or any 21 such drug that is critical to the public health during 22 a public health emergency declared by the Secretary 23 under section 319 of the Public Health Service Act’’ 24 after ‘‘during surgery’’; and 25 (2) in the flush text at the end— BAI20215 S.L.C. 219 1 (A) by inserting ‘‘, or a permanent dis- 2 continuance in the manufacture of an active 3 pharmaceutical ingredient or an interruption in 4 the manufacture of the active pharmaceutical 5 ingredient of such drug that is likely to lead to 6 a meaningful disruption in the supply of the ac- 7 tive pharmaceutical ingredient of such drug,’’ 8 before ‘‘and the reasons’’; and 9 (B) by adding at the end the following: 10 ‘‘Notification under this subsection shall include 11 disclosure of reasons for the discontinuation or 12 interruption, and if applicable, an active phar- 13 maceutical ingredient is a reason for, or risk 14 factor in, such discontinuation or interruption, 15 the source of the active pharmaceutical ingre- 16 dient and any alternative sources for the active 17 pharmaceutical ingredient known by the manu- 18 facturer; whether any associated device used for 19 preparation or administration included in the 20 drug is a reason for, or a risk factor in, such 21 discontinuation or interruption; the expected 22 duration of the interruption; and such other in- 23 formation as the Secretary may require.’’. BAI20215 S.L.C. 220 1 (b) RISK MANAGEMENT.—Section 506C of the Fed- 2 eral Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is 3 amended by adding at the end the following: 4 ‘‘(j) RISK MANAGEMENT PLANS.—Each manufac- 5 turer of a drug described in subsection (a) or of any active 6 pharmaceutical ingredient or any associated medical de7 vice used for preparation or administration included in the 8 drug, shall develop, maintain, and implement, as appro9 priate, a redundancy risk management plan that identifies 10 and evaluates risks to the supply of the drug, as applica11 ble, for each establishment in which such drug or active 12 pharmaceutical ingredient of such drug is manufactured. 13 A risk management plan under this section shall be sub14 ject to inspection and copying by the Secretary pursuant 15 to an inspection or a request under section 704(a)(4).’’. 16 (c) ANNUAL NOTIFICATION.—Section 506E of the 17 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356e) 18 is amended by adding at the end the following: 19 ‘‘(d) INTERAGENCY NOTIFICATION.—Not later than 20 180 days after the date of enactment of this subsection, 21 and every 90 days thereafter, the Secretary shall transmit 22 a report regarding the drugs of the current drug shortage 23 list under this section to the Administrator of the Centers 24 for Medicare & Medicaid Services.’’. BAI20215 S.L.C. 221 1 (d) REPORTING AFTER INSPECTIONS.—Section 2 704(b) of the Federal Food, Drug, and Cosmetic Act (21 3 U.S.C. 374(b)) is amended— 4 5 6 7 8 9 (1) by redesignating paragraphs (1) and (2) and subparagraphs (A) and (B); (2) by striking ‘‘(b) Upon completion’’ and inserting ‘‘(b)(1) Upon completion’’; and (3) by adding at the end the following: ‘‘(2) In carrying out this subsection with respect to 10 any establishment manufacturing a drug approved under 11 subsection (c) or (j) of section 505 for which a notification 12 has been submitted in accordance with section 506C is, 13 or has been in the last 5 years, listed on the drug shortage 14 list under section 506E, or that is described in section 15 505(j)(11)(A), a copy of the report shall be sent promptly 16 to the appropriate offices of the Food and Drug Adminis17 tration with expertise regarding drug shortages.’’. 18 (e) REPORTING REQUIREMENT.—Section 510(j) of 19 the Federal Food, Drug, Cosmetic Act (21 U.S.C. 360(j)) 20 is amended— 21 22 23 24 (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: BAI20215 S.L.C. 222 1 ‘‘(3)(A) Each person who registers with the 2 Secretary under this section with regard to a drug 3 shall report annually to the Secretary on the amount 4 of each drug listed under paragraph (1) that was 5 manufactured, prepared, propagated, compounded, 6 or processed by such person for commercial distribu- 7 tion. Such information may be required to be sub- 8 mitted in an electronic format as determined by the 9 Secretary. The Secretary may require that informa- 10 tion required to be reported under this paragraph be 11 submitted at the time a public health emergency is 12 declared by the Secretary under section 319 of the 13 Public Health Service Act. 14 ‘‘(B) By order of the Secretary, certain biologi- 15 cal products or categories of biological products reg- 16 ulated under section 351 of the Public Health Serv- 17 ice Act may be exempt from some or all of the re- 18 porting requirements under subparagraph (A), if the 19 Secretary determines that applying such reporting 20 requirements to such biological products or cat- 21 egories of biological products is not necessary to pro- 22 tect the public health.’’. 23 (f) CONFIDENTIALITY.—Nothing in the amendments 24 made by this section shall be construed as authorizing the 25 Secretary to disclose any information that is a trade secret BAI20215 S.L.C. 223 1 or confidential information subject to section 552(b)(4) of 2 title 5, United States Code, or section 1905 of title 18, 3 United States Code. 4 (g) EFFECTIVE DATE.—The amendments made by 5 this section and section 3111 shall take effect on the date 6 that is 180 days after the date of enactment of this Act. 7 Subpart C—Preventing Medical Device Shortages 8 SEC. 3121. DISCONTINUANCE OR INTERRUPTION IN THE 9 10 PRODUCTION OF MEDICAL DEVICES. Chapter V of the Federal Food, Drug, and Cosmetic 11 Act (21 U.S.C. 351 et seq.) is amended by inserting after 12 section 506I the following: 13 ‘‘SEC. 506J. DISCONTINUANCE OR INTERRUPTION IN THE 14 PRODUCTION OF MEDICAL DEVICES. 15 ‘‘(a) IN GENERAL.—A manufacturer of a device 16 that— 17 ‘‘(1) is critical to public health during a public 18 health emergency, including devices that are life-sup- 19 porting, life-sustaining, or intended for use in emer- 20 gency medical care or during surgery; or 21 ‘‘(2) for which the Secretary determines that in- 22 formation on potential meaningful supply disrup- 23 tions of such device is needed during, or in advance 24 of, a public health emergency; BAI20215 S.L.C. 224 1 shall, during, or in advance of, a public health emergency 2 declared by the Secretary under section 319 of the Public 3 Health Service Act, notify the Secretary, in accordance 4 with subsection (b), of a permanent discontinuance in the 5 manufacture of the device (except for discontinuances as 6 a result of an approved modification of the device) or an 7 interruption of the manufacture of the device that is likely 8 to lead to a meaningful disruption in the supply of that 9 device in the United States, and the reasons for such dis10 continuance or interruption. 11 ‘‘(b) TIMING.—A notice required under subsection (a) 12 shall be submitted to the Secretary— 13 14 15 ‘‘(1) at least 6 months prior to the date of the discontinuance or interruption; or ‘‘(2) if compliance with paragraph (1) is not 16 possible, as soon as practicable. 17 ‘‘(c) DISTRIBUTION.— 18 ‘‘(1) PUBLIC AVAILABILITY.—To the maximum 19 extent practicable, subject to paragraph (2), the Sec- 20 retary shall distribute, through such means as the 21 Secretary determines appropriate, information on 22 the discontinuance or interruption of the manufac- 23 ture of devices reported under subsection (a) to ap- 24 propriate organizations, including physician, health 25 provider, patient organizations, and supply chain BAI20215 S.L.C. 225 1 partners, as appropriate and applicable, as described 2 in subsection (g). 3 ‘‘(2) PUBLIC HEALTH EXCEPTION.—The Sec- 4 retary may choose not to make information collected 5 under this section publicly available pursuant to this 6 section if the Secretary determines that disclosure of 7 such information would adversely affect the public 8 health, such as by increasing the possibility of un- 9 necessary over purchase of product, component 10 parts, or other disruption of the availability of med- 11 ical products to patients. 12 ‘‘(d) CONFIDENTIALITY.—Nothing in this section 13 shall be construed as authorizing the Secretary to disclose 14 any information that is a trade secret or confidential infor15 mation subject to section 552(b)(4) of title 5, United 16 States Code, or section 1905 of title 18, United States 17 Code. 18 ‘‘(e) FAILURE TO MEET REQUIREMENTS.—If a per- 19 son fails to submit information required under subsection 20 (a) in accordance with subsection (b)— 21 22 ‘‘(1) the Secretary shall issue a letter to such person informing such person of such failure; 23 ‘‘(2) not later than 30 calendar days after the 24 issuance of a letter under paragraph (1), the person 25 who receives such letter shall submit to the Sec- BAI20215 S.L.C. 226 1 retary a written response to such letter setting forth 2 the basis for noncompliance and providing informa- 3 tion required under subsection (a); and 4 ‘‘(3) not later than 45 calendar days after the 5 issuance of a letter under paragraph (1), the Sec- 6 retary shall make such letter and any response to 7 such letter under paragraph (2) available to the pub- 8 lic on the internet website of the Food and Drug Ad- 9 ministration, with appropriate redactions made to 10 protect information described in subsection (d), ex- 11 cept that, if the Secretary determines that the letter 12 under paragraph (1) was issued in error or, after re- 13 view of such response, the person had a reasonable 14 basis for not notifying as required under subsection 15 (a), the requirements of this paragraph shall not 16 apply. 17 ‘‘(f) EXPEDITED INSPECTIONS AND REVIEWS.—If, 18 based on notifications described in subsection (a) or any 19 other relevant information, the Secretary concludes that 20 there is, or is likely to be, a shortage of an device, the 21 Secretary shall, as appropriate— 22 ‘‘(1) prioritize and expedite the review of a sub- 23 mission under section 513(f)(2), 515, review of a no- 24 tification under section 510(k), or 520(m) for a de- BAI20215 S.L.C. 227 1 vice that could help mitigate or prevent such short- 2 age; or 3 ‘‘(2) prioritize and expedite an inspection or re- 4 inspection of an establishment that could help miti- 5 gate or prevent such shortage. 6 ‘‘(g) DEVICE SHORTAGE LIST.— 7 ‘‘(1) ESTABLISHMENT.—The Secretary shall es- 8 tablish and maintain an up-to-date list of devices 9 that are determined by the Secretary to be in short- 10 age in the United States. 11 ‘‘(2) CONTENTS.—For each device included on 12 the list under paragraph (1), the Secretary shall in- 13 clude the following information: 14 15 16 17 ‘‘(A) The category or name of the device in shortage. ‘‘(B) The name of each manufacturer of such device. 18 ‘‘(C) The reason for the shortage, as deter- 19 mined by the Secretary, selecting from the fol- 20 lowing categories: 21 ‘‘(i) Requirements related to com- 22 plying with good manufacturing practices. 23 ‘‘(ii) Regulatory delay. 24 ‘‘(iii) Shortage or discontinuance of a 25 component or part. BAI20215 S.L.C. 228 1 2 ‘‘(iv) Discontinuance of the manufacture of the device. 3 ‘‘(v) Delay in shipping of the device. 4 ‘‘(vi) Delay in sterilization of the de- 5 vice. 6 ‘‘(vii) Demand increase for the device. 7 ‘‘(viii) Facility closure. 8 9 ‘‘(D) The estimated duration of the shortage as determined by the Secretary. 10 ‘‘(3) PUBLIC 11 ‘‘(A) IN AVAILABILITY.— GENERAL.—Subject to subpara- 12 graphs (B) and (C), the Secretary shall make 13 the information in the list under paragraph (1) 14 publicly available. 15 ‘‘(B) TRADE SECRETS AND CONFIDENTIAL 16 INFORMATION.—Nothing 17 shall be construed to alter or amend section 18 1905 of title 18, United States Code, or section 19 552(b)(4) of title 5 of such Code. 20 ‘‘(C) PUBLIC in this subsection HEALTH EXCEPTION.—The 21 Secretary may elect not to make information 22 collected under this subsection publicly available 23 if the Secretary determines that disclosure of 24 such information would adversely affect the 25 public health (such as by increasing the possi- BAI20215 S.L.C. 229 1 bility of hoarding or other disruption of the 2 availability of the device to patients). 3 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec- 4 tion shall be construed to affect the authority of the Sec5 retary on the date of enactment of this section to expedite 6 the review of devices under section 515 of the Federal 7 Food, Drug, and Cosmetic Act, section 515B of such Act 8 relating to the priority review program for devices, and 9 section 564 of such Act relating to the emergency use au10 thorization authorities. 11 ‘‘(i) DEFINITIONS.—In this section: 12 ‘‘(1) MEANINGFUL 13 ‘meaningful disruption’— DISRUPTION.—The term 14 ‘‘(A) means a change in production that is 15 reasonably likely to lead to a reduction in the 16 supply of a device by a manufacturer that is 17 more than negligible and affects the ability of 18 the manufacturer to fill orders or meet expected 19 demand for its product; 20 ‘‘(B) does not include interruptions in 21 manufacturing due to matters such as routine 22 maintenance or insignificant changes in manu- 23 facturing so long as the manufacturer expects 24 to resume operations in a short period of time, 25 not to exceed 6 months; BAI20215 S.L.C. 230 1 ‘‘(C) does not include interruptions in 2 manufacturing of components or raw materials 3 so long as such interruptions do not result in 4 a shortage of the device and the manufacturer 5 expects to resume operations in a reasonable 6 period of time; and 7 ‘‘(D) does not include interruptions in 8 manufacturing that do not lead to a reduction 9 in procedures or diagnostic tests associated with 10 a medical device designed to perform more than 11 one procedure or diagnostic test. 12 ‘‘(2) SHORTAGE.—The term ‘shortage’, with re- 13 spect to a device, means a period of time when the 14 demand or projected demand for the device within 15 the United States exceeds the supply of the device.’’. 16 PART II—ACCESS TO HEALTH CARE FOR COVID- 17 19 PATIENTS 18 Subpart A—Coverage of Testing and Preventive 19 Services 20 21 22 SEC. 3201. COVERAGE OF DIAGNOSTIC TESTING FOR COVID-19. Paragraph (1) of section 6001(a) of division F of the 23 Families First Coronavirus Response Act (Public Law 24 116–127) is amended to read as follows: BAI20215 S.L.C. 231 1 ‘‘(1) An in vitro diagnostic test defined in sec- 2 tion 809.3 of title 21, Code of Federal Regulations 3 (or successor regulations) for the detection of 4 SARS–CoV–2 or the diagnosis of the virus that 5 causes COVID–19, and the administration of such a 6 test, that— 7 ‘‘(A) is approved, cleared, or authorized 8 under section 510(k), 513, 515, or 564 of the 9 Federal Food, Drug, and Cosmetic Act (21 10 U.S.C. 360(k), 360c, 360e, 360bbb–3); 11 ‘‘(B) the developer has requested, or in- 12 tends to request, emergency use authorization 13 under section 564 of the Federal Food, Drug, 14 and Cosmetic Act (21 U.S.C. 360bbb–3), unless 15 and until the emergency use authorization re- 16 quest under such section 564 has been denied 17 or the developer of such test does not submit a 18 request under such section within a reasonable 19 timeframe; 20 ‘‘(C) is developed in and authorized by a 21 State that has notified the Secretary of Health 22 and Human Services of its intention to review 23 tests intended to diagnose COVID-19; or 24 25 ‘‘(D) other test that the Secretary determines appropriate in guidance.’’. BAI20215 S.L.C. 232 1 2 SEC. 3202. PRICING OF DIAGNOSTIC TESTING. (a) REIMBURSEMENT RATES.—A group health plan 3 or a health insurance issuer providing coverage of items 4 and services described in section 6001(a) of division F of 5 the Families First Coronavirus Response Act (Public Law 6 116–127) with respect to an enrollee shall reimburse the 7 provider of the diagnostic testing as follows: 8 (1) If the health plan or issuer has a negotiated 9 rate with such provider in effect before the public 10 health emergency declared under section 319 of the 11 Public Health Service Act (42 U.S.C. 247d), such 12 negotiated rate shall apply throughout the period of 13 such declaration. 14 (2) If the health plan or issuer does not have 15 a negotiated rate with such provider, such plan or 16 issuer shall reimburse the provider in an amount 17 that equals the cash price for such service as listed 18 by the provider on a public internet website, or such 19 plan or issuer may negotiate a rate with such pro- 20 vider for less than such cash price. 21 (b) REQUIREMENT TO PUBLICIZE CASH PRICE FOR 22 DIAGNOSTIC TESTING FOR COVID-19.— 23 (1) IN GENERAL.—During the emergency pe- 24 riod declared under section 319 of the Public Health 25 Service Act (42 U.S.C. 247d), each provider of a di- 26 agnostic test for COVID-19 shall make public the BAI20215 S.L.C. 233 1 cash price for such test on a public internet website 2 of such provider. 3 (2) CIVIL MONETARY PENALTIES.—The Sec- 4 retary of Health and Human Services may impose a 5 civil monetary penalty on any provider of a diag- 6 nostic test for COVID-19 that is not in compliance 7 with paragraph (1) and has not completed a correc- 8 tive action plan to comply with the requirements of 9 such paragraph, in an amount not to exceed $300 10 11 12 13 per day that the violation is ongoing. SEC. 3203. RAPID COVERAGE OF PREVENTIVE SERVICES AND VACCINES FOR CORONAVIRUS. (a) IN GENERAL.—Notwithstanding 2713(b) of the 14 Public Health Service Act (42 U.S.C. 300gg–13), the Sec15 retary of Health and Human Services, the Secretary of 16 Labor, and the Secretary of the Treasury shall require 17 group health plans and health insurance issuers offering 18 group or individual health insurance to cover (without 19 cost-sharing) any qualifying coronavirus preventive serv20 ice, pursuant to section 2713(a) of the Public Health Serv21 ice Act (42 U.S.C. 300gg–13(a)) (including the regula22 tions under sections 2590.715-2713 of title 29, Code of 23 Federal Regulations, section 54.9815-2713 of title 26, 24 Code of Federal Regulations, and section 147.130 of title 25 45, Code of Federal Regulations (or any successor regula- BAI20215 S.L.C. 234 1 tions)). The requirement described in this subsection shall 2 take effect with respect to a qualifying coronavirus preven3 tive service on the specified date described in subsection 4 (b)(2). 5 6 (b) DEFINITIONS.—For purposes of this section: (1) QUALIFYING CORONAVIRUS PREVENTIVE 7 SERVICE.—The 8 tive service’’ means an item, service, or immuniza- 9 tion that is intended to prevent or mitigate 10 term ‘‘qualifying coronavirus preven- coronavirus disease 2019 and that is— 11 (A) an evidence-based item or service that 12 has in effect a rating of ‘‘A’’ or ‘‘B’’ in the cur- 13 rent recommendations of the United States Pre- 14 ventive Services Task Force; or 15 (B) an immunization that has in effect a 16 recommendation from the Advisory Committee 17 on Immunization Practices of the Centers for 18 Disease Control and Prevention with respect to 19 the individual involved. 20 (2) SPECIFIED DATE.—The term ‘‘specified 21 date’’ means the date that is 15 business days after 22 the date on which a recommendation is made relat- 23 ing to the qualifying coronavirus preventive service 24 as described in such paragraph. BAI20215 S.L.C. 235 1 (3) ADDITIONAL TERMS.—In this section, the 2 terms ‘‘group health plan’’, ‘‘health insurance 3 issuer’’, ‘‘group health insurance coverage’’, and ‘‘in- 4 dividual health insurance coverage’’ have the mean- 5 ings given such terms in section 2791 of the Public 6 Health Service Act (42 U.S.C. 300gg–91), section 7 733 of the Employee Retirement Income Security 8 Act of 1974 (29 U.S.C. 1191b), and section 9832 of 9 the Internal Revenue Code, as applicable. 10 Subpart B—Support for Health Care Providers 11 SEC. 3211. SUPPLEMENTAL AWARDS FOR HEALTH CEN- 12 13 TERS. (a) SUPPLEMENTAL AWARDS.—Section 330(r) of the 14 Public Health Service Act (42 U.S.C. 254b(r)) is amended 15 by adding at the end the following: 16 ‘‘(6) ADDITIONAL AMOUNTS FOR SUPPLE- 17 MENTAL 18 made available pursuant to this subsection, section 19 402A of this Act, or section 10503 of the Patient 20 Protection and Affordable Care Act, there is author- 21 ized to be appropriated, and there is appropriated, 22 out of any monies in the Treasury not otherwise ap- 23 propriated, $1,320,000,000 for fiscal year 2020 for 24 supplemental awards under subsection (d) for the AWARDS.—In addition to any amounts BAI20215 S.L.C. 236 1 detection of SARS-CoV-2 or the prevention, diag- 2 nosis, and treatment of COVID-19.’’. 3 (b) APPLICATION OF PROVISIONS.—Amounts appro- 4 priated pursuant to the amendment made by subsection 5 (a) for fiscal year 2020 shall be subject to the require6 ments contained in Public Law 116–94 for funds for pro7 grams authorized under sections 330 through 340 of the 8 Public Health Service Act (42 U.S.C. 254 through 256). 9 SEC. 3212. TELEHEALTH NETWORK AND TELEHEALTH RE- 10 SOURCE CENTERS GRANT PROGRAMS. 11 Section 330I of the Public Health Service Act (42 12 U.S.C. 254c–14) is amended— 13 14 (1) in subsection (d)— (A) in paragraph (1)— 15 (i) in the matter preceding subpara- 16 graph (A), by striking ‘‘projects to dem- 17 onstrate how telehealth technologies can be 18 used through telehealth networks’’ and in- 19 serting ‘‘evidence-based projects that uti- 20 lize telehealth technologies through tele- 21 health networks’’; 22 (ii) in subparagraph (A)— 23 (I) by striking ‘‘the quality of’’ 24 and inserting ‘‘access to, and the 25 quality of,’’; and BAI20215 S.L.C. 237 1 (II) by inserting ‘‘and’’ after the 2 semicolon; 3 (iii) by striking subparagraph (B); 4 (iv) by redesignating subparagraph 5 (C) as subparagraph (B); and 6 (v) in subparagraph (B), as so redes- 7 ignated, by striking ‘‘and patients and 8 their families, for decisionmaking’’ and in- 9 serting ‘‘, patients, and their families’’; 10 and 11 (B) in paragraph (2)— 12 (i) by striking ‘‘demonstrate how tele- 13 health technologies can be used’’ and in- 14 serting ‘‘support initiatives that utilize 15 telehealth technologies’’; and 16 17 18 19 20 (ii) by striking ‘‘, to establish telehealth resource centers’’; (2) in subsection (e), by striking ‘‘4 years’’ and inserting ‘‘5 years’’; (3) in subsection (f)— 21 (A) by striking paragraph (2); 22 (B) in paragraph (1)(B)— 23 24 (i) by redesignating clauses (i) through (iii) as paragraphs (1) through BAI20215 S.L.C. 238 1 (3), respectively, and adjusting the mar- 2 gins accordingly; 3 (ii) in paragraph (3), as so redesig- 4 nated by clause (i), by redesignating sub- 5 clauses (I) through (XII) as subparagraphs 6 (A) through (L), respectively, and adjust- 7 ing the margins accordingly; and 8 9 (iii) by striking ‘‘(1) TELEHEALTH NETWORK GRANTS—’’ and all that follows 10 through ‘‘(B) TELEHEALTH 11 ’’; and 12 (C) in paragraph (3)(I), as so redesig- 13 nated, by inserting ‘‘and substance use dis- 14 order’’ after ‘‘mental health’’ each place such 15 term appears; 16 (4) in subsection (g)(2), by striking ‘‘or im- 17 NETWORKS— prove’’ and inserting ‘‘and improve’’; 18 (5) by striking subsection (h); 19 (6) by redesignating subsections (i) through (p) 20 21 22 as subsection (h) through (o), respectively; (7) in subsection (h), as so redesignated— (A) in paragraph (1)— 23 (i) in subparagraph (B), by striking 24 ‘‘mental health, public health, long-term 25 care, home care, preventive’’ and inserting BAI20215 S.L.C. 239 1 ‘‘mental health care, public health services, 2 long-term care, home care, preventive 3 care’’; 4 (ii) in subparagraph (E), by inserting 5 ‘‘and regional’’ after ‘‘local’’; and 6 (iii) by striking subparagraph (F); 7 and 8 (B) in paragraph (2)(A), by striking 9 ‘‘medically underserved areas or’’ and inserting 10 ‘‘rural areas, medically underserved areas, or’’; 11 (8) in paragraph (2) of subsection (i), as so re- 12 designated, by striking ‘‘ensure that—’’ and all that 13 follows through the end of subparagraph (B) and in- 14 serting ‘‘ensure that not less than 50 percent of the 15 funds awarded shall be awarded for projects in rural 16 areas.’’; 17 (9) in subsection (j), as so redesignated— 18 (A) in paragraph (1)(B), by striking ‘‘com- 19 puter hardware and software, audio and video 20 equipment, computer network equipment, inter- 21 active equipment, data terminal equipment, and 22 other’’; and 23 (B) in paragraph (2)(F), by striking 24 ‘‘health care providers and’’; 25 (10) in subsection (k), as so redesignated— BAI20215 S.L.C. 240 1 2 (A) in paragraph (2), by striking ‘‘40 percent’’ and inserting ‘‘20 percent’’; and 3 (B) in paragraph (3), by striking ‘‘(such as 4 laying cable or telephone lines, or purchasing or 5 installing microwave towers, satellite dishes, 6 amplifiers, or digital switching equipment)’’; 7 (11) by striking subsections (q) and (r) and in- 8 serting the following: 9 ‘‘(p) REPORT.—Not later than 4 years after the date 10 of enactment of the Coronavirus Aid, Relief, and Eco11 nomic Security Act, and every 5 years thereafter, the Sec12 retary shall prepare and submit to the Committee on 13 Health, Education, Labor, and Pensions of the Senate and 14 the Committee on Energy and Commerce of the House 15 of Representatives a report on the activities and outcomes 16 of the grant programs under subsection (b).’’; 17 18 (12) by redesignating subsection (s) as subsection (q); and 19 (13) in subsection (q), as so redesignated, by 20 striking ‘‘this section—’’ and all that follows 21 through the end of paragraph (2) and inserting 22 ‘‘this section $29,000,000 for each of fiscal years 23 2021 through 2025.’’. BAI20215 S.L.C. 241 1 SEC. 3213. RURAL HEALTH CARE SERVICES OUTREACH, 2 RURAL HEALTH NETWORK DEVELOPMENT, 3 AND SMALL HEALTH CARE PROVIDER QUAL- 4 ITY IMPROVEMENT GRANT PROGRAMS. 5 Section 330A of the Public Health Service Act (42 6 U.S.C. 254c) is amended— 7 8 9 10 11 12 (1) in subsection (d)(2)— (A) in subparagraph (A), by striking ‘‘essential’’ and inserting ‘‘basic’’; and (B) in subparagraph (B)— (i) in the matter preceding clause (i), by inserting ‘‘to’’ after ‘‘grants’’; and 13 (ii) in clauses (i), (ii), and (iii), by 14 striking ‘‘to’’ each place such term ap- 15 pears; 16 17 18 19 (2) in subsection (e)— (A) in paragraph (1)— (i) by inserting ‘‘improving and’’ after ‘‘outreach by’’; 20 (ii) by inserting ‘‘, through community 21 engagement and evidence-based or innova- 22 tive, evidence-informed models’’ before the 23 period of the first sentence; and 24 (iii) by striking ‘‘3 years’’ and insert- 25 ing ‘‘5 years’’; 26 (B) in paragraph (2)— BAI20215 S.L.C. 242 1 (i) in the matter preceding subpara- 2 graph (A), by inserting ‘‘shall’’ after ‘‘enti- 3 ty’’; 4 (ii) in subparagraph (A), by striking 5 ‘‘shall be a rural public or rural nonprofit 6 private entity’’ and inserting ‘‘be an entity 7 with demonstrated experience serving, or 8 the capacity to serve, rural underserved 9 populations’’; 10 (iii) in subparagraphs (B) and (C), by 11 striking ‘‘shall’’ each place such term ap- 12 pears; and 13 (iv) in subparagraph (B)— 14 (I) in the matter preceding clause 15 (i), by inserting ‘‘that’’ after ‘‘mem- 16 bers’’; and 17 (II) in clauses (i) and (ii), by 18 striking ‘‘that’’ each place such term 19 appears; and 20 (C) in paragraph (3)(C), by striking ‘‘the 21 local community or region’’ and inserting ‘‘the 22 rural underserved populations in the local com- 23 munity or region’’; 24 (3) in subsection (f)— 25 (A) in paragraph (1)— BAI20215 S.L.C. 243 1 (i) in subparagraph (A)— 2 (I) in the matter preceding clause 3 (i), by striking ‘‘promote, through 4 planning and implementation, the de- 5 velopment of integrated health care 6 networks that have combined the 7 functions of the entities participating 8 in the networks’’ and inserting ‘‘plan, 9 develop, and implement integrated 10 health care networks that collabo- 11 rate’’; and 12 (II) in clause (ii), by striking 13 ‘‘essential health care services’’ and 14 inserting ‘‘basic health care services 15 and associated health outcomes’’; and 16 (ii) by amending subparagraph (B) to 17 read as follows: 18 ‘‘(B) GRANT PERIODS.—The Director may 19 award grants under this subsection for periods 20 of not more than 5 years.’’; 21 (B) in paragraph (2)— 22 (i) in the matter preceding subpara- 23 graph (A), by inserting ‘‘shall’’ after ‘‘enti- 24 ty’’; BAI20215 S.L.C. 244 1 (ii) in subparagraph (A), by striking 2 ‘‘shall be a rural public or rural nonprofit 3 private entity’’ and inserting ‘‘be an entity 4 with demonstrated experience serving, or 5 the capacity to serve, rural underserved 6 populations’’; 7 (iii) in subparagraph (B)— 8 9 (I) in the matter preceding clause (i)— 10 (aa) by striking ‘‘shall’’; and 11 (bb) by inserting ‘‘that’’ 12 after ‘‘participants’’; and 13 (II) in clauses (i) and (ii), by 14 striking ‘‘that’’ each place such term 15 appears; and 16 (iv) in subparagraph (C), by striking 17 ‘‘shall’’; and 18 (C) in paragraph (3)— 19 20 (i) by amending clause (iii) of subparagraph (C) to read as follows: 21 ‘‘(iii) how the rural underserved popu- 22 lations in the local community or region to 23 be served will benefit from and be involved 24 in the development and ongoing operations 25 of the network;’’; and BAI20215 S.L.C. 245 1 (ii) in subparagraph (D), by striking 2 ‘‘the local community or region’’ and in- 3 serting ‘‘the rural underserved populations 4 in the local community or region’’; 5 6 (4) in subsection (g)— (A) in paragraph (1)— 7 (i) by inserting ‘‘, including activities 8 related to increasing care coordination, en- 9 hancing chronic disease management, and 10 improving patient health outcomes’’ before 11 the period of the first sentence; and 12 (ii) by striking ‘‘3 years’’ and insert- 13 ing ‘‘5 years’’; 14 (B) in paragraph (2)— 15 (i) in the matter preceding subpara- 16 graph (A), by inserting ‘‘shall’’ after ‘‘enti- 17 ty’’; 18 (ii) in subparagraphs (A) and (B), by 19 striking ‘‘shall’’ each place such term ap- 20 pears; and 21 (iii) in subparagraph (A)(ii), by in- 22 serting ‘‘or regional’’ after ‘‘local’’; and 23 (C) in paragraph (3)(D), by striking ‘‘the 24 local community or region’’ and inserting ‘‘the BAI20215 S.L.C. 246 1 rural underserved populations in the local com- 2 munity or region’’; 3 (5) in subsection (h)(3), in the matter pre- 4 ceding subparagraph (A), by inserting ‘‘, as appro- 5 priate,’’ after ‘‘the Secretary’’; 6 (6) by amending subsection (i) to read as fol- 7 lows: 8 ‘‘(i) REPORT.—Not later than 4 years after the date 9 of enactment of the Coronavirus Aid, Relief, and Eco10 nomic Security Act, and every 5 years thereafter, the Sec11 retary shall prepare and submit to the Committee on 12 Health, Education, Labor, and Pensions of the Senate and 13 the Committee on Energy and Commerce of the House 14 of Representatives a report on the activities and outcomes 15 of the grant programs under subsections (e), (f), and (g), 16 including the impact of projects funded under such pro17 grams on the health status of rural residents with chronic 18 conditions.’’; and 19 (7) in subsection (j), by striking ‘‘$45,000,000 20 for each of fiscal years 2008 through 2012’’ and in- 21 serting ‘‘$79,500,000 for each of fiscal years 2021 22 through 2025’’. BAI20215 S.L.C. 247 1 2 3 SEC. 3214. UNITED STATES PUBLIC HEALTH SERVICE MODERNIZATION. (a) COMMISSIONED CORPS AND READY RESERVE 4 CORPS.—Section 203 of the Public Health Service Act (42 5 U.S.C. 204) is amended— 6 (1) in subsection (a)(1), by striking ‘‘a Ready 7 Reserve Corps for service in time of national emer- 8 gency’’ and inserting ‘‘, for service in time of a pub- 9 lic health or national emergency, a Ready Reserve 10 11 12 13 Corps’’; and (2) in subsection (c)— (A) in the heading, by striking ‘‘RESEARCH’’ and inserting ‘‘RESERVE CORPS’’; 14 (B) in paragraph (1), by inserting ‘‘during 15 public health or national emergencies’’ before 16 the period; 17 (C) in paragraph (2)— 18 (i) in the matter preceding subpara- 19 graph (A), by inserting ‘‘, consistent with 20 paragraph (1)’’ after ‘‘shall’’; 21 (ii) in subparagraph (C), by inserting 22 ‘‘during such emergencies’’ after ‘‘mem- 23 bers’’; and 24 (iii) in subparagraph (D), by inserting 25 ‘‘, consistent with subparagraph (C)’’ be- 26 fore the period; and BAI20215 S.L.C. 248 1 (D) by adding at the end the following: 2 ‘‘(3) STATUTORY REFERENCES TO RESERVE.— 3 A reference in any Federal statute, except in the 4 case of subsection (b), to the ‘Reserve Corps’ of the 5 Public Health Service or to the ‘reserve’ of the Pub- 6 lic Health Service shall be deemed to be a reference 7 to the Ready Reserve Corps.’’. 8 (b) DEPLOYMENT READINESS.—Section 9 203A(a)(1)(B) of the Public Health Service Act (42 10 U.S.C. 204a(a)(1)(B)) is amended by striking ‘‘Active Re11 serves’’ and inserting ‘‘Ready Reserve Corps’’. 12 (c) RETIREMENT OF COMMISSIONED OFFICERS.— 13 Section 211 of the Public Health Service Act (42 U.S.C. 14 212) is amended— 15 16 17 18 19 20 21 22 23 24 (1) by striking ‘‘the Service’’ each place it appears and inserting ‘‘the Regular Corps’’; (2) in subsection (a)(4), by striking ‘‘(in the case of an officer in the Reserve Corps)’’; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking ‘‘or an officer of the Reserve Corps’’; and (ii) by inserting ‘‘or under section 221(a)(19)’’ after ‘‘subsection (a)’’; and BAI20215 S.L.C. 249 1 (B) in paragraph (2), by striking ‘‘Regular 2 or Reserve Corps’’ and inserting ‘‘Regular 3 Corps or Ready Reserve Corps’’; and 4 (4) in subsection (f), by striking ‘‘the Regular 5 or Reserve Corps of’’. 6 (d) RIGHTS, PRIVILEGES, ETC. OF OFFICERS AND 7 SURVIVING BENEFICIARIES.—Section 221 of the Public 8 Health Service Act (42 U.S.C. 213a) is amended— 9 10 11 12 13 14 (1) in subsection (a), by adding at the end the following: ‘‘(19) Chapter 1223, Retired Pay for Non-Regular Service. ‘‘(20) Section 12601, Compensation: Reserve on active duty accepting from any person. 15 ‘‘(21) Section 12684, Reserves: separation for 16 absence without authority or sentence to imprison- 17 ment.’’; and 18 (2) in subsection (b)— 19 (A) by striking ‘‘Secretary of Health, Edu- 20 cation, and Welfare or his designee’’ and insert- 21 ing ‘‘Secretary of Health and Human Services 22 or the designee of such secretary’’; 23 24 25 (B) by striking ‘‘(b) The authority vested’’ and inserting the following: ‘‘(b)(1) The authority vested’’; BAI20215 S.L.C. 250 1 2 3 (C) by striking ‘‘For purposes of’’ and inserting the following: ‘‘(2) For purposes of’’; and 4 5 (D) by adding at the end the following: ‘‘(3) For purposes of paragraph (19) of subsection 6 (a), the terms ‘Military department’, ‘Secretary con7 cerned’, and ‘Armed forces’ in such title 10 shall be 8 deemed to include, respectively, the Department of Health 9 and Human Services, the Secretary of Health and Human 10 Services, and the Commissioned Corps.’’. 11 (e) TECHNICAL AMENDMENTS.—Title II of the Pub- 12 lic Health Service Act (42 U.S.C. 202 et seq.) is amend13 ed— 14 (1) in sections 204 and 207(c), by striking 15 ‘‘Regular or Reserve Corps’’ each place it appears 16 and inserting ‘‘Regular Corps or Ready Reserve 17 Corps’’; 18 (2) in section 208(a), by striking ‘‘Regular and 19 Reserve Corps’’ each place it appears and inserting 20 ‘‘Regular Corps and Ready Reserve Corps’’; and 21 (3) in section 205(c), 206(c), 210, and 219, 22 and in subsections (a), (b), and (d) of section 207, 23 by striking ‘‘Reserve Corps’’ each place it appears 24 and inserting ‘‘Ready Reserve Corps’’. BAI20215 S.L.C. 251 1 SEC. 3215. LIMITATION ON LIABILITY FOR VOLUNTEER 2 HEALTH 3 COVID-19 EMERGENCY RESPONSE. 4 (a) LIMITATION CARE ON PROFESSIONALS DURING LIABILITY.—Except as provided 5 in subsection (b), a health care professional shall not be 6 liable under Federal or State law for any harm caused 7 by an act or omission of the professional in the provision 8 of health care services during the public health emergency 9 with respect to COVID-19 declared by the Secretary of 10 Health and Human Services (referred to in this section 11 as the ‘‘Secretary’’) under section 319 of the Public 12 Health Service Act (42 U.S.C. 247d) on January 31, 13 2020, if— 14 (1) the professional is providing health care 15 services in response to such public health emergency, 16 as a volunteer; and 17 18 19 20 21 22 23 (2) the act or omission occurs— (A) in the course of providing health care services; (B) in the health care professional’s capacity as a volunteer; (C) in the course of providing health care services that— 24 (i) are within the scope of the license, 25 registration, or certification of the volun- BAI20215 S.L.C. 252 1 teer, as defined by the State of licensure, 2 registration, or certification; and 3 (ii) do not exceed the scope of license, 4 registration, or certification of a substan- 5 tially similar health professional in the 6 State in which such act or omission occurs; 7 and 8 (D) in a good faith belief that the indi- 9 vidual being treated is in need of health care 10 services. 11 (b) EXCEPTIONS.—Subsection (a) does not apply if— 12 (1) the harm was caused by an act or omission 13 constituting willful or criminal misconduct, gross 14 negligence, reckless misconduct, or a conscious fla- 15 grant indifference to the rights or safety of the indi- 16 vidual harmed by the health care professional; or 17 (2) the health care professional rendered the 18 health care services under the influence (as deter- 19 mined pursuant to applicable State law) of alcohol 20 or an intoxicating drug. 21 (c) PREEMPTION.— 22 (1) IN GENERAL.—This section preempts the 23 laws of a State or any political subdivision of a State 24 to the extent that such laws are inconsistent with BAI20215 S.L.C. 253 1 this section, unless such laws provide greater protec- 2 tion from liability. 3 (2) VOLUNTEER PROTECTION ACT.—Protec- 4 tions afforded by this section are in addition to those 5 provided by the Volunteer Protection Act of 1997 6 (Public Law 105–19). 7 (d) DEFINITIONS.—In this section— 8 9 (1) the term ‘‘harm’’ includes physical, nonphysical, economic, and noneconomic losses; 10 (2) the term ‘‘health care professional’’ means 11 an individual who is licensed, registered, or certified 12 under Federal or State law to provide health care 13 services; 14 (3) the term ‘‘health care services’’ means any 15 services provided by a health care professional, or by 16 any individual working under the supervision of a 17 health care professional that relate to— 18 19 (A) the diagnosis, prevention, or treatment of COVID-19; or 20 (B) the assessment or care of the health of 21 a human being related to an actual or sus- 22 pected case of COVID-19; and 23 (4) the term ‘‘volunteer’’ means a health care 24 professional who, with respect to the health care 25 services rendered, does not receive compensation or BAI20215 S.L.C. 254 1 any other thing of value in lieu of compensation, 2 which compensation— 3 (A) includes a payment under any insur- 4 ance policy or health plan, or under any Fed- 5 eral or State health benefits program; and 6 (B) excludes— 7 (i) receipt of items to be used exclu- 8 sively for rendering health care services in 9 the health care professional’s capacity as a 10 volunteer described in subsection (a)(1); 11 and 12 (ii) any reimbursement for travel to 13 the site where the volunteer services are 14 rendered and any payments in cash or kind 15 to cover room and board, if services are 16 being rendered more than 75 miles from 17 the volunteer’s principal place of residence. 18 (e) EFFECTIVE DATE.—This section shall take effect 19 upon the date of enactment of this Act, and applies to 20 a claim for harm only if the act or omission that caused 21 such harm occurred on or after the date of enactment. 22 (f) SUNSET.—This section shall be in effect only for 23 the length of the public health emergency declared by the 24 Secretary of Health and Human Services (referred to in 25 this section as the ‘‘Secretary’’) under section 319 of the BAI20215 S.L.C. 255 1 Public Health Service Act (42 U.S.C. 247d) on January 2 31, 2020 with respect to COVID-19. 3 SEC. 3216. FLEXIBILITY FOR MEMBERS OF NATIONAL 4 HEALTH 5 GENCY PERIOD. 6 SERVICE CORPS DURING EMER- During the public health emergency declared by the 7 Secretary of Health and Human Services under section 8 319 of the Public Health Service Act (42 U.S.C. 247d) 9 on January 31, 2020, with respect to COVID-19, the Sec10 retary may, notwithstanding section 333 of the Public 11 Health Service Act (42 U.S.C. 254f), assign members of 12 the National Health Service Corps, with the voluntary 13 agreement of such corps members, to provide such health 14 services at such places, and for such number of hours, as 15 the Secretary determines necessary to respond to such 16 emergency, provided that such places are within a reason17 able distance of the site to which such members were origi18 nally assigned, and the total number of hours required are 19 the same as were required of such members prior to the 20 date of enactment of this Act. BAI20215 S.L.C. 256 1 2 Subpart C—Miscellaneous Provisions SEC. 3221. CONFIDENTIALITY AND DISCLOSURE OF 3 RECORDS RELATING TO SUBSTANCE USE DIS- 4 ORDER. 5 6 (a) CONFORMING CHANGES RELATING STANCE TO SUB- USE DISORDER.—Subsections (a) and (h) of sec- 7 tion 543 of the Public Health Service Act (42 U.S.C. 8 290dd–2) are each amended by striking ‘‘substance 9 abuse’’ and inserting ‘‘substance use disorder’’. 10 11 (b) DISCLOSURES SISTENT TO COVERED ENTITIES CON- WITH HIPAA.—Paragraph (1) of section 543(b) 12 of the Public Health Service Act (42 U.S.C. 290dd–2(b)) 13 is amended to read as follows: 14 ‘‘(1) CONSENT.—The following shall apply with 15 respect to the contents of any record referred to in 16 subsection (a): 17 ‘‘(A) Such contents may be used or dis- 18 closed in accordance with the prior written con- 19 sent of the patient with respect to whom such 20 record is maintained. 21 ‘‘(B) Once prior written consent of the pa- 22 tient has been obtained, such contents may be 23 used or disclosed by a covered entity, business 24 associate, or a program subject to this section 25 for purposes of treatment, payment, and health 26 care operations as permitted by the HIPAA BAI20215 S.L.C. 257 1 regulations. Any information so disclosed may 2 then be redisclosed in accordance with the 3 HIPAA regulations. Section 13405(c) of the 4 Health Information Technology and Clinical 5 Health Act (42 U.S.C. 17935(c)) shall apply to 6 all disclosures pursuant to subsection (b)(1) of 7 this section. 8 ‘‘(C) It shall be permissible for a patient’s 9 prior written consent to be given once for all 10 such future uses or disclosures for purposes of 11 treatment, payment, and health care operations, 12 until such time as the patient revokes such con- 13 sent in writing. 14 ‘‘(D) Section 13405(a) of the Health In- 15 formation Technology and Clinical Health Act 16 (42 U.S.C. 17935(a)) shall apply to all disclo- 17 sures pursuant to subsection (b)(1) of this sec- 18 tion.’’. 19 20 (c) DISCLOSURES FORMATION TO OF DE-IDENTIFIED HEALTH IN- PUBLIC HEALTH AUTHORITIES.—Para- 21 graph (2) of section 543(b) of the Public Health Service 22 Act (42 U.S.C. 290dd–2(b)), is amended by adding at the 23 end the following: 24 ‘‘(D) To a public health authority, so long 25 as such content meets the standards established BAI20215 S.L.C. 258 1 in section 164.514(b) of title 45, Code of Fed- 2 eral Regulations (or successor regulations) for 3 creating de-identified information.’’. 4 (d) DEFINITIONS.—Section 543 of the Public Health 5 Service Act (42 U.S.C. 290dd–2) is amended by adding 6 at the end the following: 7 ‘‘(k) DEFINITIONS.—For purposes of this section: 8 ‘‘(1) BREACH.—The term ‘breach’ has the 9 meaning given such term for purposes of the HIPAA 10 11 regulations. ‘‘(2) BUSINESS ASSOCIATE.—The term ‘busi- 12 ness associate’ has the meaning given such term for 13 purposes of the HIPAA regulations. 14 ‘‘(3) COVERED ENTITY.—The term ‘covered en- 15 tity’ has the meaning given such term for purposes 16 of the HIPAA regulations. 17 ‘‘(4) HEALTH CARE OPERATIONS.—The term 18 ‘health care operations’ has the meaning given such 19 term for purposes of the HIPAA regulations. 20 ‘‘(5) HIPAA REGULATIONS.—The term 21 ‘HIPAA regulations’ has the meaning given such 22 term for purposes of parts 160 and 164 of title 45, 23 Code of Federal Regulations. BAI20215 S.L.C. 259 1 ‘‘(6) PAYMENT.—The term ‘payment’ has the 2 meaning given such term for purposes of the HIPAA 3 regulations. 4 ‘‘(7) PUBLIC HEALTH AUTHORITY.—The term 5 ‘public health authority’ has the meaning given such 6 term for purposes of the HIPAA regulations. 7 ‘‘(8) TREATMENT.—The term ‘treatment’ has 8 the meaning given such term for purposes of the 9 HIPAA regulations. 10 ‘‘(9) UNSECURED PROTECTED HEALTH INFOR- 11 MATION.—The 12 has the meaning given such term for purposes of the 13 HIPAA regulations.’’. 14 (e) USE OF term ‘unprotected health information’ RECORDS 15 MINISTRATIVE 16 CEEDINGS.—Subsection IN CRIMINAL, CIVIL, INVESTIGATIONS, ACTIONS, OR OR AD - PRO- (c) of section 543 of the Public 17 Health Service Act (42 U.S.C. 290dd–2(c)) is amended 18 to read as follows: 19 ‘‘(c) USE 20 MINISTRATIVE OF RECORDS IN CRIMINAL, CIVIL, OR AD - CONTEXTS.—Except as otherwise author- 21 ized by a court order under subsection (b)(2)(C) or by the 22 consent of the patient, a record referred to in subsection 23 (a), or testimony relaying the information contained there24 in, may not be disclosed or used in any civil, criminal, ad25 ministrative, or legislative proceedings conducted by any BAI20215 S.L.C. 260 1 Federal, State, or local authority, against a patient, in2 cluding with respect to the following activities: 3 ‘‘(1) Such record or testimony shall not be en- 4 tered into evidence in any criminal prosecution or 5 civil action before a Federal or State court. 6 ‘‘(2) Such record or testimony shall not form 7 part of the record for decision or otherwise be taken 8 into account in any proceeding before a Federal, 9 State, or local agency. 10 ‘‘(3) Such record or testimony shall not be used 11 by any Federal, State, or local agency for a law en- 12 forcement purpose or to conduct any law enforce- 13 ment investigation. 14 ‘‘(4) Such record or testimony shall not be used 15 in any application for a warrant.’’. 16 (f) PENALTIES.—Subsection (f) of section 543 of the 17 Public Health Service Act (42 U.S.C. 290dd–2) is amend18 ed to read as follows: 19 ‘‘(f) PENALTIES.—The provisions of sections 1176 20 and 1177 of the Social Security Act shall apply to a viola21 tion of this section to the extent and in the same manner 22 as such provisions apply to a violation of part C of title 23 XI of such Act. In applying the previous sentence— 24 ‘‘(1) the reference to ‘this subsection’ in sub- 25 section (a)(2) of such section 1176 shall be treated BAI20215 S.L.C. 261 1 as a reference to ‘this subsection (including as ap- 2 plied pursuant to section 543(f) of the Public Health 3 Service Act)’; and 4 ‘‘(2) in subsection (b) of such section 1176— 5 ‘‘(A) each reference to ‘a penalty imposed 6 under subsection (a)’ shall be treated as a ref- 7 erence to ‘a penalty imposed under subsection 8 (a) (including as applied pursuant to section 9 543(f) of the Public Health Service Act)’; and 10 ‘‘(B) each reference to ‘no damages ob- 11 tained under subsection (d)’ shall be treated as 12 a reference to ‘no damages obtained under sub- 13 section (d) (including as applied pursuant to 14 section 543(f) of the Public Health Service 15 Act)’.’’. 16 (g) ANTIDISCRIMINATION.—Section 543 of the Public 17 Health Service Act (42 U.S.C. 290dd–2) is amended by 18 inserting after subsection (h) the following: 19 20 ‘‘(i) ANTIDISCRIMINATION.— ‘‘(1) IN GENERAL.—No entity shall discrimi- 21 nate against an individual on the basis of informa- 22 tion received by such entity pursuant to an inad- 23 vertent or intentional disclosure of records, or infor- 24 mation contained in records, described in subsection 25 (a) in— BAI20215 S.L.C. 262 1 2 ‘‘(A) admission, access to, or treatment for health care; 3 4 ‘‘(B) hiring, firing, or terms of employment, or receipt of worker’s compensation; 5 6 ‘‘(C) the sale, rental, or continued rental of housing; 7 8 ‘‘(D) access to Federal, State, or local courts; or 9 ‘‘(E) access to, approval of, or mainte- 10 nance of social services and benefits provided or 11 funded by Federal, State, or local governments. 12 ‘‘(2) RECIPIENTS OF FEDERAL FUNDS.—No re- 13 cipient of Federal funds shall discriminate against 14 an individual on the basis of information received by 15 such recipient pursuant to an intentional or inad- 16 vertent disclosure of such records or information 17 contained in records described in subsection (a) in 18 affording access to the services provided with such 19 funds.’’. 20 (h) NOTIFICATION IN CASE OF BREACH.—Section 21 543 of the Public Health Service Act (42 U.S.C. 290dd– 22 2), as amended by subsection (g), is further amended by 23 inserting after subsection (i) the following: 24 ‘‘(j) NOTIFICATION IN CASE OF BREACH.—The pro- 25 visions of section 13402 of the HITECH Act (42 U.S.C. BAI20215 S.L.C. 263 1 17932) shall apply to a program or activity described in 2 subsection (a), in case of a breach of records described 3 in subsection (a), to the same extent and in the same man4 ner as such provisions apply to a covered entity in the 5 case of a breach of unsecured protected health informa6 tion.’’. 7 8 (i) REGULATIONS.— (1) IN GENERAL.—The Secretary of Health and 9 Human Services, in consultation with appropriate 10 Federal agencies, shall make such revisions to regu- 11 lations as may be necessary for implementing and 12 enforcing the amendments made by this section, 13 such that such amendments shall apply with respect 14 to uses and disclosures of information occurring on 15 or after the date that is 12 months after the date 16 of enactment of this Act. 17 (2) EASILY UNDERSTANDABLE NOTICE OF PRI- 18 VACY PRACTICES.—Not 19 date of enactment of this Act, the Secretary of 20 Health and Human Services, in consultation with 21 appropriate legal, clinical, privacy, and civil rights 22 experts, shall update section 164.520 of title 45, 23 Code of Federal Regulations, so that covered entities 24 and entities creating or maintaining the records de- 25 scribed in subsection (a) provide notice, written in later than 1 year after the BAI20215 S.L.C. 264 1 plain language, of privacy practices regarding pa- 2 tient records referred to in section 543(a) of the 3 Public Health Service Act (42 U.S.C. 290dd–2(a)), 4 including— 5 (A) a statement of the patient’s rights, in- 6 cluding self-pay patients, with respect to pro- 7 tected health information and a brief descrip- 8 tion of how the individual may exercise these 9 rights (as required by subsection (b)(1)(iv) of 10 such section 164.520); and 11 (B) a description of each purpose for 12 which the covered entity is permitted or re- 13 quired to use or disclose protected health infor- 14 mation without the patient’s written authoriza- 15 tion (as required by subsection (b)(2) of such 16 section 164.520). 17 (j) RULES OF CONSTRUCTION.—Nothing in this Act 18 or the amendments made by this Act shall be construed 19 to limit— 20 (1) a patient’s right, as described in section 21 164.522 of title 45, Code of Federal Regulations, or 22 any successor regulation, to request a restriction on 23 the use or disclosure of a record referred to in sec- 24 tion 543(a) of the Public Health Service Act (42 BAI20215 S.L.C. 265 1 U.S.C. 290dd–2(a)) for purposes of treatment, pay- 2 ment, or health care operations; or 3 (2) a covered entity’s choice, as described in 4 section 164.506 of title 45, Code of Federal Regula- 5 tions, or any successor regulation, to obtain the con- 6 sent of the individual to use or disclose a record re- 7 ferred to in such section 543(a) to carry out treat- 8 ment, payment, or health care operation. 9 (k) SENSE OF CONGRESS.—It is the sense of the 10 Congress that— 11 (1) any person treating a patient through a 12 program or activity with respect to which the con- 13 fidentiality requirements of section 543 of the Public 14 Health Service Act (42 U.S.C. 290dd–2) apply is en- 15 couraged to access the applicable State-based pre- 16 scription drug monitoring program when clinically 17 appropriate; 18 (2) patients have the right to request a restric- 19 tion on the use or disclosure of a record referred to 20 in section 543(a) of the Public Health Service Act 21 (42 U.S.C. 290dd–2(a)) for treatment, payment, or 22 health care operations; 23 (3) covered entities should make every reason- 24 able effort to the extent feasible to comply with a BAI20215 S.L.C. 266 1 patient’s request for a restriction regarding such use 2 or disclosure; 3 (4) for purposes of applying section 164.501 of 4 title 45, Code of Federal Regulations, the definition 5 of health care operations shall have the meaning 6 given such term in such section, except that clause 7 (v) of paragraph (6) shall not apply; and 8 (5) programs creating records referred to in 9 section 543(a) of the Public Health Service Act (42 10 U.S.C. 290dd–2(a)) should receive positive incen- 11 tives for discussing with their patients the benefits 12 to consenting to share such records. 13 14 SEC. 3222. NUTRITION SERVICES. (a) DEFINITIONS.—In this section, the terms ‘‘As- 15 sistant Secretary’’, ‘‘Secretary’’, ‘‘State agency’’, and 16 ‘‘area agency on aging’’ have the meanings given the 17 terms in section 102 of the Older Americans Act of 1965 18 (42 U.S.C. 3002). 19 (b) NUTRITION SERVICES TRANSFER CRITERIA.— 20 During any portion of the COVID–19 public health emer21 gency declared under section 319 of the Public Health 22 Service Act (42 U.S.C. 247d), the Secretary shall allow 23 a State agency or an area agency on aging, without prior 24 approval, to transfer not more than 100 percent of the 25 funds received by the State agency or area agency on BAI20215 S.L.C. 267 1 aging, respectively, and attributable to funds appropriated 2 under paragraph (1) or (2) of section 303(b) of the Older 3 Americans Act of 1965 (42 U.S.C. 3023(b)), between sub4 part 1 and subpart 2 of part C (42 U.S.C. 3030d–2 et 5 seq.) for such use as the State agency or area agency on 6 aging, respectively, considers appropriate to meet the 7 needs of the State or area served. 8 9 (c) HOME-DELIVERED NUTRITION SERVICES WAIVER.—For purposes of State agencies’ determining the de- 10 livery of nutrition services under section 337 of the Older 11 Americans Act of 1965 (42 U.S.C. 3030g), during the pe12 riod of the COVID–19 public health emergency declared 13 under section 319 of the Public Health Service Act (42 14 U.S.C. 247d), the same meaning shall be given to an indi15 vidual who is unable to obtain nutrition because the indi16 vidual is practicing social distancing due to the emergency 17 as is given to an individual who is homebound by reason 18 of illness. 19 (d) DIETARY GUIDELINES WAIVER.—To facilitate 20 implementation of subparts 1 and 2 of part C of title III 21 of the Older Americans Act of 1965 (42 U.S.C. 3030d– 22 2 et seq.) during any portion of the COVID–19 public 23 health emergency declared under section 319 of the Public 24 Health Service Act (42 U.S.C. 247d), the Assistant Sec25 retary may waive the requirements for meals provided BAI20215 S.L.C. 268 1 under those subparts to comply with the requirements of 2 clauses (i) and (ii) of section 339(2)(A) of such Act (42 3 U.S.C. 3030g–21(2)(A)). 4 SEC. 3223. CONTINUITY OF SERVICE AND OPPORTUNITIES 5 FOR PARTICIPANTS IN COMMUNITY SERVICE 6 ACTIVITIES UNDER TITLE V OF THE OLDER 7 AMERICANS ACT OF 1965. 8 To ensure continuity of service and opportunities for 9 participants in community service activities under title V 10 of the Older Americans Act of 1965 (42 U.S.C. 3056 et 11 seq.), the Secretary of Labor— 12 (1)(A) may allow individuals participating in 13 projects under such title as of March 1, 2020, to ex- 14 tend their participation for a period that exceeds the 15 period described in section 518(a)(3)(B)(i) of such 16 Act (42 U.S.C. 3056p(a)(3)(B)(i)) if the Secretary 17 determines such extension is appropriate due to the 18 effects of the COVID–19 public health emergency 19 declared under section 319 of the Public Health 20 Service Act (42 U.S.C. 247d); and 21 (B) may increase the average participation cap 22 for eligible individuals applicable to grantees as de- 23 scribed in section 502(b)(1)(C) of the Older Ameri- 24 cans Act of 1965 (42 U.S.C. 3056(b)(1)(C)) to a 25 cap the Secretary determines is appropriate due to BAI20215 S.L.C. 269 1 the effects of the COVID–19 public health emer- 2 gency declared under section 319 of the Public 3 Health Service Act (42 U.S.C. 247d); and 4 (2) may increase the amount available to pay 5 the authorized administrative costs for a project, de- 6 scribed in section 502(c)(3) of the Older Americans 7 Act of 1965 (42 U.S.C. 3056(c)(3)) to an amount 8 not to exceed 20 percent of the grant amount if the 9 Secretary determines that such increase is necessary 10 to adequately respond to the additional administra- 11 tive needs to respond to the COVID–19 public 12 health emergency declared under section 319 of the 13 Public Health Service Act (42 U.S.C. 247d). 14 15 16 SEC. 3224. GUIDANCE ON PROTECTED HEALTH INFORMATION. Not later than 180 days after the date of enactment 17 of this Act, the Secretary of Health and Human Services 18 shall issue guidance on the sharing of patients’ protected 19 health information pursuant to section 160.103 of title 45, 20 Code of Federal Regulations (or any successor regula21 tions) during the public health emergency declared by the 22 Secretary of Health and Human Services under section 23 319 of the Public Health Service Act (42 U.S.C. 247d) 24 with respect to COVID-19, during the emergency involv25 ing Federal primary responsibility determined to exist by BAI20215 S.L.C. 270 1 the President under section 501(b) of the Robert T. Staf2 ford Disaster Relief and Emergency Assistance Act (42 3 U.S.C. 5191(b)) with respect to COVID-19, and during 4 the national emergency declared by the President under 5 the National Emergencies Act (50 U.S.C. 1601 et seq.) 6 with respect to COVID-19. Such guidance shall include 7 information on compliance with the regulations promul8 gated pursuant to section 264(c) of the Health Insurance 9 Portability and Accountability Act of 1996 (42 U.S.C. 10 1320d–2 note) and applicable policies, including such poli11 cies that may come into effect during such emergencies. 12 13 14 SEC. 3225. REAUTHORIZATION OF HEALTHY START PROGRAM. Section 330H of the Public Health Service Act (42 15 U.S.C. 254c–8) is amended— 16 17 18 (1) in subsection (a)— (A) in paragraph (1), by striking ‘‘, during fiscal year 2001 and subsequent years,’’; and 19 (B) in paragraph (2), by inserting ‘‘or in- 20 creasing above the national average’’ after 21 ‘‘areas with high’’; 22 (2) in subsection (b)— 23 (A) in paragraph (1), by striking ‘‘con- 24 sumers of project services, public health depart- 25 ments, hospitals, health centers under section BAI20215 S.L.C. 271 1 330’’ and inserting ‘‘participants and former 2 participants of project services, public health 3 departments, hospitals, health centers under 4 section 330, State substance abuse agencies’’; 5 and 6 (B) in paragraph (2)— 7 (i) in subparagraph (A), by striking 8 ‘‘such as low birthweight’’ and inserting 9 ‘‘including poor birth outcomes (such as 10 low birthweight and preterm birth) and so- 11 cial determinants of health’’; 12 13 14 (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by inserting after subparagraph 15 (A), the following: 16 ‘‘(B) Communities with— 17 18 ‘‘(i) high rates of infant mortality or poor perinatal outcomes; or 19 ‘‘(ii) high rates of infant mortality or 20 poor perinatal outcomes in specific sub- 21 populations within the community.’’; and 22 23 (iv) in subparagraph (C) (as so redesignated)— BAI20215 S.L.C. 272 1 (I) by redesignating clauses (i) 2 and (ii) as clauses (ii) and (iii), re- 3 spectively; 4 (II) by inserting before clause (ii) 5 (as so redesignated) the following: 6 ‘‘(i) collaboration with the local com- 7 munity in the development of the project;’’; 8 (III) in clause (ii) (as so redesig- 9 nated), by striking ‘‘and’’ at the end; 10 (IV) in clause (iii) (as so redesig- 11 nated), by striking the period and in- 12 serting ‘‘; and’’; and 13 (V) by adding at the end the fol- 14 lowing: 15 ‘‘(iv) the use and collection of data 16 demonstrating the effectiveness of such 17 program in decreasing infant mortality 18 rates and improving perinatal outcomes, as 19 applicable, or the process by which new ap- 20 plicants plan to collect this data.’’; 21 22 (3) in subsection (c)— (A) by striking ‘‘Recipients of grants’’ and 23 inserting the following: 24 ‘‘(1) IN 25 GENERAL.—Recipients of grants’’; and (B) by adding at the end the following: BAI20215 S.L.C. 273 1 ‘‘(2) OTHER PROGRAMS.—The Secretary shall 2 ensure coordination of the program carried out pur- 3 suant to this section with other programs and activi- 4 ties related to the reduction of the rate of infant 5 mortality and improved perinatal and infant health 6 outcomes supported by the Department.’’; 7 (4) in subsection (e)— 8 (A) in paragraph (1), by striking ‘‘appro- 9 priated—’’ and all that follows through the end 10 and inserting ‘‘appropriated $125,500,000 for 11 each of fiscal years 2021 through 2025.’’; and 12 (B) in paragraph (2)(B), by adding at the 13 end the following: ‘‘Evaluations may also in- 14 clude, to the extent practicable, information re- 15 lated to— 16 ‘‘(i) progress toward achieving any 17 grant metrics or outcomes related to re- 18 ducing infant mortality rates, improving 19 perinatal outcomes, or reducing the dis- 20 parity in health status; 21 ‘‘(ii) recommendations on potential 22 improvements that may assist with ad- 23 dressing gaps, as applicable and appro- 24 priate; and BAI20215 S.L.C. 274 1 ‘‘(iii) the extent to which the grantee 2 coordinated with the community in which 3 the grantee is located in the development 4 of the project and delivery of services, in- 5 cluding with respect to technical assistance 6 and mentorship programs.’’; and 7 8 9 (5) by adding at the end the following: ‘‘(f) GAO REPORT.— ‘‘(1) IN GENERAL.—Not later than 4 years 10 after the date of the enactment of this subsection, 11 the Comptroller General of the United States shall 12 conduct an independent evaluation, and submit to 13 the appropriate Committees of Congress a report, 14 concerning the Healthy Start program under this 15 section. 16 ‘‘(2) EVALUATION.—In conducting the evalua- 17 tion under paragraph (1), the Comptroller General 18 shall consider, as applicable and appropriate, infor- 19 mation from the evaluations under subsection 20 (e)(2)(B). 21 ‘‘(3) REPORT.—The report described in para- 22 graph (1) shall review, assess, and provide rec- 23 ommendations, as appropriate, on the following: 24 ‘‘(A) The allocation of Healthy Start pro- 25 gram grants by the Health Resources and Serv- BAI20215 S.L.C. 275 1 ices Administration, including considerations 2 made by such Administration regarding dispari- 3 ties in infant mortality or perinatal outcomes 4 among urban and rural areas in making such 5 awards. 6 ‘‘(B) Trends in the progress made toward 7 meeting the evaluation criteria pursuant to sub- 8 section (e)(2)(B), including programs which de- 9 crease infant mortality rates and improve 10 perinatal outcomes, programs that have not de- 11 creased infant mortality rates or improved 12 perinatal outcomes, and programs that have 13 made an impact on disparities in infant mor- 14 tality or perinatal outcomes. 15 ‘‘(C) The ability of grantees to improve 16 health outcomes for project participants, pro- 17 mote the awareness of the Healthy Start pro- 18 gram services, incorporate and promote family 19 participation, facilitate coordination with the 20 community in which the grantee is located, and 21 increase grantee accountability through quality 22 improvement, performance monitoring, evalua- 23 tion, and the effect such metrics may have to- 24 ward decreasing the rate of infant mortality 25 and improving perinatal outcomes. BAI20215 S.L.C. 276 1 ‘‘(D) The extent to which such Federal 2 programs are coordinated across agencies and 3 the identification of opportunities for improved 4 coordination in such Federal programs and ac- 5 tivities.’’. 6 7 SEC. 3226. IMPORTANCE OF THE BLOOD SUPPLY. (a) IN GENERAL.—The Secretary of Health and 8 Human Services (referred to in this section as the ‘‘Sec9 retary’’) shall carry out a national campaign to improve 10 awareness of, and support outreach to the public and 11 health care providers about the importance and safety of 12 blood donation and the need for donations for the blood 13 supply during the public health emergency declared by the 14 Secretary under section 319 of the Public Health Service 15 Act (42 U.S.C. 247d) with respect to COVID-19. 16 (b) AWARENESS CAMPAIGN.—In carrying out sub- 17 section (a), the Secretary may enter into contracts with 18 one or more public or private nonprofit entities, to estab19 lish a national blood donation awareness campaign that 20 may include television, radio, internet, and newspaper 21 public service announcements, and other activities to pro22 vide for public and professional awareness and education. 23 (c) CONSULTATION.—In carrying out subsection (a), 24 the Secretary shall consult with the Commissioner of Food 25 and Drugs, the Assistant Secretary for Health, the Direc- BAI20215 S.L.C. 277 1 tor of the Centers for Disease Control and Prevention, the 2 Director of the National Institutes of Health, and the 3 heads of other relevant Federal agencies, and relevant ac4 crediting bodies and representative organizations. 5 (d) REPORT TO CONGRESS.—Not later than 2 years 6 after the date of enactment of this Act, the Secretary shall 7 submit to the Committee on Health, Education, Labor, 8 and Pensions of the Senate and the Committee on Energy 9 and Commerce of the House of Representatives, a report 10 that shall include— 11 12 (1) a description of the activities carried out under subsection (a); 13 14 (2) a description of trends in blood supply donations; and 15 (3) an evaluation of the impact of the public 16 awareness campaign, including any geographic or 17 population variations. 18 PART III—INNOVATION 19 SEC. 3301. REMOVING THE CAP ON OTA DURING PUBLIC 20 21 HEALTH EMERGENCIES. Section 319L(c)(5)(A) of the Public Health Service 22 Act (42 U.S.C. 247d–7e(c)(5)(A)) is amended— 23 24 25 (1) by redesignating clause (iii) as clause (iv); and (2) by inserting after clause (ii) the following: BAI20215 S.L.C. 278 1 2 3 ‘‘(iii) AUTHORITY DURING A PUBLIC HEALTH EMERGENCY.— ‘‘(I) IN GENERAL.—Notwith- 4 standing clause (ii), the Secretary, 5 shall, to the maximum extent prac- 6 ticable, use competitive procedures 7 when entering into transactions to 8 carry out projects under this sub- 9 section for purposes of a public health 10 emergency declared by the Secretary 11 under section 319. Any such trans- 12 actions entered into during such pub- 13 lic health emergency shall not be ter- 14 minated solely due to the expiration of 15 such public health emergency, if such 16 public health emergency ends before 17 the completion of the terms of such 18 agreement. 19 ‘‘(II) REPORT.—After the expira- 20 tion of the public health emergency 21 declared by the Secretary under sec- 22 tion 319, the Secretary shall provide a 23 report to the Committee on Health, 24 Education, Labor, and Pensions of 25 the Senate and the Committee on En- BAI20215 S.L.C. 279 1 ergy and Commerce of the House of 2 Representatives regarding the use of 3 any funds pursuant to the authority 4 under subclause (I), including any 5 outcomes, benefits, and risks associ- 6 ated with the use of such funds, and 7 a description of the reasons for the 8 use of such authority for the project 9 or projects.’’. 10 11 SEC. 3302. PRIORITY ZOONOTIC ANIMAL DRUGS. Chapter V of the Federal Food, Drug, and Cosmetic 12 Act (21 U.S.C. 351 et seq.) is amended by inserting after 13 section 512 the following: 14 15 ‘‘SEC. 512A. PRIORITY ZOONOTIC ANIMAL DRUGS. ‘‘(a) IN GENERAL.—The Secretary shall, at the re- 16 quest of the sponsor intending to submit an application 17 for approval of a new animal drug under section 512(b)(1) 18 or an application for conditional approval of a new animal 19 drug under section 571, expedite the development and re20 view of such new animal drug if preliminary clinical evi21 dence indicates that the new animal drug, alone or in com22 bination with 1 or more other animal drugs, has the poten23 tial to prevent or treat a zoonotic disease in animals, in24 cluding a vector borne-disease, that has the potential to BAI20215 S.L.C. 280 1 cause serious adverse health consequences for, or serious 2 or life-threatening diseases in, humans. 3 ‘‘(b) REQUEST FOR DESIGNATION.—The sponsor of 4 a new animal drug may request the Secretary to designate 5 a new animal drug described in subsection (a) as a priority 6 zoonotic animal drug. A request for the designation may 7 be made concurrently with, or at any time after, the open8 ing of an investigational new animal drug file under sec9 tion 512(j) or the filing of an application under section 10 512(b)(1) or 571. 11 12 ‘‘(c) DESIGNATION.— ‘‘(1) IN GENERAL.—Not later than 60 calendar 13 days after the receipt of a request under subsection 14 (b), the Secretary shall determine whether the new 15 animal drug that is the subject of the request meets 16 the criteria described in subsection (a). If the Sec- 17 retary determines that the new animal drug meets 18 the criteria, the Secretary shall designate the new 19 animal drug as a priority zoonotic animal drug and 20 shall take such actions as are appropriate to expe- 21 dite the development and review of the application 22 for approval or conditional approval of such new ani- 23 mal drug. BAI20215 S.L.C. 281 1 ‘‘(2) ACTIONS.—The actions to expedite the de- 2 velopment and review of an application under para- 3 graph (1) may include, as appropriate— 4 ‘‘(A) taking steps to ensure that the design 5 of clinical trials is as efficient as practicable, 6 when scientifically appropriate, such as by uti- 7 lizing novel trial designs or drug development 8 tools (including biomarkers) that may reduce 9 the number of animals needed for studies; 10 ‘‘(B) providing timely advice to, and inter- 11 active communication with, the sponsor (which 12 may include meetings with the sponsor and re- 13 view team) regarding the development of the 14 new animal drug to ensure that the develop- 15 ment program to gather the nonclinical and 16 clinical data necessary for approval is as effi- 17 cient as practicable; 18 ‘‘(C) involving senior managers and review 19 staff with experience in zoonotic or vector-borne 20 disease to facilitate collaborative, cross-discipli- 21 nary review, including, as appropriate, across 22 agency centers; and 23 ‘‘(D) implementing additional administra- 24 tive or process enhancements, as necessary, to BAI20215 S.L.C. 282 1 facilitate an efficient review and development 2 program.’’. 3 PART IV—HEALTH CARE WORKFORCE 4 SEC. 3401. REAUTHORIZATION OF HEALTH PROFESSIONS 5 6 WORKFORCE PROGRAMS. Title VII of the Public Health Service Act (42 U.S.C. 7 292 et seq.) is amended— 8 9 10 (1) in section 736 (42 U.S.C. 293), by striking subsection (i) and inserting the following: ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—To 11 carry out this section, there is authorized to be appro12 priated $23,711,000 for each of fiscal years 2021 through 13 2025.’’; 14 15 (2) in section 740 (42 U.S.C. 293d)— (A) in subsection (a), by striking 16 ‘‘$51,000,000 for fiscal year 2010, and such 17 sums as may be necessary for each of the fiscal 18 years 2011 through 2014’’ and inserting 19 ‘‘$51,470,000 for each of fiscal years 2021 20 through 2025’’; 21 (B) in subsection (b), by striking 22 ‘‘$5,000,000 for each of the fiscal years 2010 23 through 2014’’ and inserting ‘‘$1,190,000 for 24 each of fiscal years 2021 through 2025’’; BAI20215 S.L.C. 283 1 (C) in subsection (c), by striking 2 ‘‘$60,000,000 for fiscal year 2010 and such 3 sums as may be necessary for each of the fiscal 4 years 2011 through 2014’’ and inserting 5 ‘‘$15,000,000 for each of fiscal years 2021 6 through 2025’’; and 7 (D) in subsection (d), by striking ‘‘Not 8 Later than 6 months after the date of enact- 9 ment of this part, the Secretary shall prepare 10 and submit to the appropriate committees of 11 Congress’’ and inserting: ‘‘Not later than Sep- 12 tember 30, 2025, and every five years there- 13 after, the Secretary shall prepare and submit to 14 the Committee on Health, Education, Labor, 15 and Pensions of the Senate, and the Committee 16 on Energy and Commerce of the House of Rep- 17 resentatives,’’; 18 (3) in section 747 (42 U.S.C. 293k)— 19 (A) in subsection (a)— 20 (i) in paragraph (1)(G), by striking 21 ‘‘to plan, develop, and operate a dem- 22 onstration program that provides training’’ 23 and inserting: ‘‘to plan, develop, and oper- 24 ate a program that identifies or develops 25 innovative models of providing care, and BAI20215 S.L.C. 284 1 trains primary care physicians on such 2 models and’’; and 3 (ii) by adding at the end the fol- 4 lowing: 5 ‘‘(3) PRIORITIES IN MAKING AWARDS.—In 6 awarding grants or contracts under paragraph (1), 7 the Secretary may give priority to qualified appli- 8 cants that train residents in rural areas, including 9 for Tribes or Tribal Organizations in such areas.’’; 10 (B) in subsection (b)(3)(E), by striking 11 ‘‘substance-related disorders’’ and inserting 12 ‘‘substance use disorders’’; and 13 (C) in subsection (c)(1), by striking 14 ‘‘$125,000,000 for fiscal year 2010, and such 15 sums as may be necessary for each of fiscal 16 years 2011 through 2014’’ and inserting 17 ‘‘$48,924,000 for each of fiscal years 2021 18 through 2025’’; 19 (4) in section 748 (42 U.S.C. 293k–2)— 20 (A) in subsection (c)(5), by striking ‘‘sub- 21 stance-related disorders’’ and inserting ‘‘sub- 22 stance use disorders’’; and 23 (B) in subsection (f), by striking 24 ‘‘$30,000,000 for fiscal year 2010 and such 25 sums as may be necessary for each of fiscal BAI20215 S.L.C. 285 1 years 2011 through 2015’’ and inserting 2 ‘‘$28,531,000 for each of fiscal years 2021 3 through 2025’’; 4 (5) in section 749(d)(2) (42 U.S.C. 293l(d)(2)), 5 by striking ‘‘Committee on Labor and Human Re- 6 sources of the Senate, and the Committee on Com- 7 merce of the House of Representatives’’ and insert- 8 ing ‘‘Committee on Health, Education, Labor, and 9 Pensions of the Senate, and the Committee on En- 10 ergy and Commerce of the House of Representa- 11 tives’’; 12 (6) in section 751(j)(1) (42 U.S.C. 294a(j)(1)), 13 by striking ‘‘$125,000,000 for each of the fiscal 14 years 15 ‘‘$41,250,000 for each of fiscal years 2021 through 16 2025’’; 17 (7) 2010 in through section 2014’’ and 754(b)(1)(A) inserting (42 U.S.C. 18 294d(b)(1)(A)), by striking ‘‘new and innovative’’ 19 and inserting ‘‘innovative or evidence-based’’; 20 (8) in section 755(b)(1)(A) (42 U.S.C. 21 294e(b)(1)(A)), by striking ‘‘the elderly’’ and insert- 22 ing ‘‘geriatric populations or for maternal and child 23 health’’; 24 (9) in section 761(e) (42 U.S.C. 294n(e))— BAI20215 S.L.C. 286 1 (A) in paragraph (1)(A), by striking 2 ‘‘$7,500,000 for each of fiscal years 2010 3 through 2014’’ and inserting ‘‘$5,663,000 for 4 each of fiscal years 2021 through 2025’’; and 5 (B) in paragraph (2), by striking ‘‘sub- 6 section (a)’’ and inserting ‘‘paragraph (1)’’; 7 (10) in section 762 (42 U.S.C. 294o)— 8 (A) in subsection (a)(1), by striking ‘‘Com- 9 mittee on Labor and Human Resources’’ and 10 inserting ‘‘Committee on Health, Education, 11 Labor, and Pensions’’; 12 (B) in subsection (b)— 13 (i) in paragraph (2), by striking 14 ‘‘Health Care Financing Administration’’ 15 and inserting ‘‘Centers for Medicare & 16 Medicaid Services’’; 17 (ii) by redesignating paragraphs (4) 18 through (6) as paragraphs (5) through (7), 19 respectively; and 20 21 22 23 24 25 (iii) by inserting after paragraph (3), the following: ‘‘(4) the Administrator of the Health Resources and Services Administration;’’; (C) by striking subsections (i), (j), and (k) and inserting the following: BAI20215 S.L.C. 287 1 ‘‘(i) REPORTS.—Not later than September 30, 2023, 2 and not less than every 5 years thereafter, the Council 3 shall submit to the Secretary, and to the Committee on 4 Health, Education, Labor, and Pensions of the Senate and 5 the Committee on Energy and Commerce of the House 6 of Representatives, a report on the recommendations de7 scribed in subsection (a).’’; and 8 9 10 (D) by redesignating subsection (l) as subsection (j); (11) in section 766(b)(1) (42 U.S.C. 11 295a(b)(1)), by striking ‘‘that plans’’ and all that 12 follows through the period and inserting ‘‘that plans, 13 develops, operates, and evaluates projects to improve 14 preventive medicine, health promotion and disease 15 prevention, or access to and quality of health care 16 services in rural or medically underserved commu- 17 nities.’’; 18 (12) in section 770(a) (42 U.S.C. 295e(a)), by 19 striking ‘‘$43,000,000 for fiscal year 2011, and such 20 sums as may be necessary for each of the fiscal 21 years 22 ‘‘$17,000,000 for each of fiscal years 2021 through 23 2025’’; and 2012 through 2015’’ and inserting 24 (13) in section 775(e) (42 U.S.C. 295f(e)), by 25 striking ‘‘$30,000,000’’ and all that follows through BAI20215 S.L.C. 288 1 the period and inserting ‘‘such sums as may be nec- 2 essary for each of fiscal years 2021 through 2025.’’. 3 4 5 SEC. 3402. HEALTH WORKFORCE COORDINATION. (a) STRATEGIC PLAN.— (1) IN GENERAL.—Not later than 1 year after 6 the date of enactment of this Act, the Secretary of 7 Health and Human Services (referred to in this Act 8 as the ‘‘Secretary’’), in consultation with the Advi- 9 sory Committee on Training in Primary Care Medi- 10 cine and Dentistry and the Advisory Council on 11 Graduate Medical Education, shall develop a com- 12 prehensive and coordinated plan with respect to the 13 health care workforce development programs of the 14 Department of Health and Human Services, includ- 15 ing education and training programs. 16 17 (2) REQUIREMENTS.—The plan under paragraph (1) shall— 18 (A) include performance measures to de- 19 termine the extent to which the programs de- 20 scribed in paragraph (1) are strengthening the 21 Nation’s health care system; 22 (B) identify any gaps that exist between 23 the outcomes of programs described in para- 24 graph (1) and projected health care workforce 25 needs identified in workforce projection reports BAI20215 S.L.C. 289 1 conducted by the Health Resources and Serv- 2 ices Administration; 3 4 (C) identify actions to address the gaps described in subparagraph (B); and 5 (D) identify barriers, if any, to imple- 6 menting the actions identified under subpara- 7 graph (C). 8 (b) COORDINATION WITH OTHER AGENCIES.—The 9 Secretary shall coordinate with the heads of other Federal 10 agencies and departments that fund or administer health 11 care workforce development programs, including education 12 and training programs, to— 13 (1) evaluate the performance of such programs, 14 including the extent to which such programs are effi- 15 cient and effective and are meeting the nation’s 16 health workforce needs; and 17 (2) identify opportunities to improve the quality 18 and consistency of the information collected to evalu- 19 ate within and across such programs, and to imple- 20 ment such improvements. 21 (c) REPORT.—Not later than 2 years after the date 22 of enactment of this Act, the Secretary shall submit to 23 the Committee on Health, Education, Labor, and Pen24 sions of the Senate, and the Committee on Energy and 25 Commerce of the House of Representatives, a report de- BAI20215 S.L.C. 290 1 scribing the plan developed under subsection (a) and ac2 tions taken to implement such plan. 3 SEC. 3403. EDUCATION AND TRAINING RELATING TO GERI- 4 5 ATRICS. Section 753 of the Public Health Service Act (42 6 U.S.C. 294c) is amended to read as follows: 7 ‘‘SEC. 753. EDUCATION AND TRAINING RELATING TO GERI- 8 9 10 11 ATRICS. ‘‘(a) GERIATRICS WORKFORCE ENHANCEMENT PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary shall award 12 grants, contracts, or cooperative agreements under 13 this subsection to entities described in paragraph 14 (1), (3), or (4) of section 799B, section 801(2), or 15 section 865(d), or other health professions schools or 16 programs approved by the Secretary, for the estab- 17 lishment or operation of Geriatrics Workforce En- 18 hancement Programs that meet the requirements of 19 paragraph (2). 20 21 ‘‘(2) REQUIREMENTS.— ‘‘(A) IN GENERAL.—A Geriatrics Work- 22 force 23 award under this section shall support the 24 training of health professionals in geriatrics, in- 25 cluding traineeships or fellowships. Such pro- Enhancement Program receiving an BAI20215 S.L.C. 291 1 grams shall emphasize, as appropriate, patient 2 and family engagement, integration of geriatrics 3 with primary care and other appropriate spe- 4 cialties, and collaboration with community part- 5 ners to address gaps in health care for older 6 adults. 7 ‘‘(B) ACTIVITIES.—Activities conducted by 8 a program under this section may include the 9 following: 10 ‘‘(i) Clinical training on providing in- 11 tegrated geriatrics and primary care deliv- 12 ery services. 13 ‘‘(ii) Interprofessional training to 14 practitioners from multiple disciplines and 15 specialties, including training on the provi- 16 sion of care to older adults. 17 ‘‘(iii) 18 training-related 19 grams for older adults and caregivers to 20 improve health outcomes for older adults. Establishing or maintaining community-based pro- 21 ‘‘(iv) Providing education on Alz- 22 heimer’s disease and related dementias to 23 families and caregivers of older adults, di- 24 rect care workers, and health professions 25 students, faculty, and providers. BAI20215 S.L.C. 292 1 ‘‘(3) DURATION.—Each grant, contract, or co- 2 operative agreement or contract awarded under 3 paragraph (1) shall be for a period not to exceed 5 4 years. 5 ‘‘(4) APPLICATIONS.—To be eligible to receive a 6 grant, contract, or cooperative agreement under 7 paragraph (1), an entity described in such para- 8 graph shall submit to the Secretary an application at 9 such time, in such manner, and containing such in- 10 11 12 formation as the Secretary may require. ‘‘(5) PROGRAM ‘‘(A) IN REQUIREMENTS.— GENERAL.—In awarding grants, 13 contracts, and cooperative agreements under 14 paragraph (1), the Secretary— 15 ‘‘(i) shall give priority to programs 16 that demonstrate coordination with an- 17 other Federal or State program or another 18 public or private entity; 19 ‘‘(ii) shall give priority to applicants 20 with programs or activities that are ex- 21 pected to substantially benefit rural or 22 medically underserved populations of older 23 adults, or serve older adults in Indian 24 Tribes or Tribal organizations; and BAI20215 S.L.C. 293 1 2 3 4 ‘‘(iii) may give priority to any program that— ‘‘(I) integrates geriatrics into primary care practice; 5 ‘‘(II) provides training to inte- 6 grate geriatric care into other special- 7 ties across care settings, including 8 practicing clinical specialists, health 9 care administrators, faculty without 10 backgrounds in geriatrics, and stu- 11 dents from all health professions; 12 ‘‘(III) emphasizes integration of 13 geriatric care into existing service de- 14 livery locations and care across set- 15 tings, including primary care clinics, 16 medical homes, Federally qualified 17 health centers, ambulatory care clin- 18 ics, critical access hospitals, emer- 19 gency care, assisted living and nursing 20 facilities, and home- and community- 21 based services, which may include 22 adult daycare; 23 ‘‘(IV) supports the training and 24 retraining of faculty, primary care 25 providers, other direct care providers, BAI20215 S.L.C. 294 1 and other appropriate professionals on 2 geriatrics; 3 ‘‘(V) emphasizes education and 4 engagement of family caregivers on 5 disease management and strategies to 6 meet the needs of caregivers of older 7 adults; or 8 ‘‘(VI) proposes to conduct out- 9 reach to communities that have a 10 shortage of geriatric workforce profes- 11 sionals. 12 ‘‘(B) SPECIAL CONSIDERATION.—In 13 awarding grants, contracts, and cooperative 14 agreements under this section, the Secretary 15 shall give special consideration to entities that 16 provide services in areas with a shortage of 17 geriatric workforce professionals. 18 ‘‘(6) PRIORITY.—The Secretary may provide 19 awardees with additional support for activities in 20 areas of demonstrated need, which may include edu- 21 cation and training for home health workers, family 22 caregivers, and direct care workers on care for older 23 adults. 24 ‘‘(7) REPORTING.— BAI20215 S.L.C. 295 1 ‘‘(A) REPORTS FROM ENTITIES.—Each en- 2 tity awarded a grant, contract, or cooperative 3 agreement under this section shall submit an 4 annual report to the Secretary on the activities 5 conducted under such grant, contract, or coop- 6 erative agreement, which may include informa- 7 tion on the number of trainees, the number of 8 professions and disciplines, the number of part- 9 nerships with health care delivery sites, the 10 number of faculty and practicing professionals 11 who participated in such programs, and other 12 information, as the Secretary may require. 13 ‘‘(B) REPORT TO CONGRESS.—Not later 14 than 4 years after the date of enactment of the 15 Title VII Health Care Workforce Reauthoriza- 16 tion Act of 2019 and every 5 years thereafter, 17 the Secretary shall submit to the Committee on 18 Health, Education, Labor, and Pensions of the 19 Senate and the Committee on Energy and Com- 20 merce of the House of Representatives a report 21 that provides a summary of the activities and 22 outcomes associated with grants, contracts, and 23 cooperative agreements made under this sec- 24 tion. Such reports shall include— BAI20215 S.L.C. 296 1 ‘‘(i) information on the number of 2 trainees, faculty, and professionals who 3 participated in programs under this sec- 4 tion; 5 ‘‘(ii) information on the impact of the 6 program conducted under this section on 7 the health status of older adults, including 8 in areas with a shortage of health profes- 9 sionals; and 10 ‘‘(iii) information on outreach and 11 education provided under this section to 12 families and caregivers of older adults. 13 ‘‘(C) PUBLIC AVAILABILITY.—The Sec- 14 retary shall make reports submitted under 15 paragraph (B) publically available on the inter- 16 net website of the Department of Health and 17 Human Services. 18 19 ‘‘(b) GERIATRIC ACADEMIC CAREER AWARDS.— ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Sec- 20 retary shall, as appropriate, establish or maintain a 21 program to provide geriatric academic career awards 22 to eligible entities applying on behalf of eligible indi- 23 viduals to promote the career development of such 24 individuals as academic geriatricians or other aca- 25 demic geriatrics health professionals. BAI20215 S.L.C. 297 1 ‘‘(2) ELIGIBILITY.— 2 ‘‘(A) ELIGIBLE 3 this 4 means— subsection, ENTITY.—For the term purposes of ‘eligible entity’ 5 ‘‘(i) an entity described in paragraph 6 (1), (3), or (4) of section 799B or section 7 801(2); or 8 ‘‘(ii) another accredited health profes- 9 sions school or graduate program approved 10 by the Secretary. 11 ‘‘(B) ELIGIBLE INDIVIDUAL.—For pur- 12 poses of this subsection, the term ‘eligible indi- 13 vidual’ means an individual who— 14 ‘‘(i)(I) is board certified or board eli- 15 gible in internal medicine, family practice, 16 psychiatry, or licensed dentistry, or has 17 completed required training in a discipline 18 and is employed in an accredited health 19 professions school or graduate program 20 that is approved by the Secretary; or 21 ‘‘(II) has completed an approved fel- 22 lowship program in geriatrics, or has com- 23 pleted specialty training in geriatrics as re- 24 quired by the discipline and any additional BAI20215 S.L.C. 298 1 geriatrics training as required by the Sec- 2 retary; and 3 ‘‘(ii) has a junior, nontenured, faculty 4 appointment at an accredited health pro- 5 fessions school or graduate program in 6 geriatrics or a geriatrics health profession. 7 ‘‘(C) CLARIFICATION.—If an eligible indi- 8 vidual is promoted during the period of an 9 award under this subsection and thereby no 10 longer meets the criteria of subparagraph 11 (B)(ii), the individual shall continue to be treat- 12 ed as an eligible individual through the term of 13 the award. 14 ‘‘(3) APPLICATION REQUIREMENTS.—In order 15 to receive an award under paragraph (1), an eligible 16 entity, on behalf of an eligible individual, shall— 17 ‘‘(A) submit to the Secretary an applica- 18 tion, at such time, in such manner, and con- 19 taining such information as the Secretary may 20 require; 21 ‘‘(B) provide, in such form and manner as 22 the Secretary may require, assurances that the 23 eligible individual will meet the service require- 24 ment described in paragraph (6); and BAI20215 S.L.C. 299 1 ‘‘(C) provide, in such form and manner as 2 the Secretary may require, assurances that the 3 individual has a full-time faculty appointment 4 in a health professions institution and docu- 5 mented commitment from such eligible entity 6 that the individual will spend 75 percent of the 7 individual’s time that is supported by the award 8 on teaching and developing skills in inter- 9 disciplinary education in geriatrics. 10 ‘‘(4) EQUITABLE DISTRIBUTION.—In making 11 awards under this subsection, the Secretary shall 12 seek to ensure geographical distribution among 13 award recipients, including among rural or medically 14 underserved areas of the United States. 15 ‘‘(5) AMOUNT AND DURATION.— 16 ‘‘(A) AMOUNT.—The amount of an award 17 under this subsection shall be at least $75,000 18 for fiscal year 2021, adjusted for subsequent 19 years in accordance with the consumer price 20 index. The Secretary shall determine the 21 amount of an award under this subsection for 22 individuals who are not physicians. 23 ‘‘(B) DURATION.—The Secretary shall 24 make awards under paragraph (1) for a period 25 not to exceed 5 years. BAI20215 S.L.C. 300 1 ‘‘(6) SERVICE REQUIREMENT.—An individual 2 who receives an award under this subsection shall 3 provide training in clinical geriatrics, including the 4 training of interprofessional teams of health care 5 professionals. The provision of such training shall 6 constitute at least 75 percent of the obligations of 7 such individual under the award. 8 ‘‘(c) NONAPPLICABILITY OF PROVISION.—Notwith- 9 standing any other provision of this title, section 791(a) 10 shall not apply to awards made under this section. 11 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 12 is authorized to be appropriated $40,737,000 for each of 13 fiscal years 2021 through 2025 for purposes of carrying 14 out this section.’’. 15 16 SEC. 3404. NURSING WORKFORCE DEVELOPMENT. (a) IN GENERAL.—Title VIII of the Public Health 17 Service Act (42 U.S.C. 296 et seq.) is amended— 18 (1) in section 801 (42 U.S.C. 296), by adding 19 at the end the following: 20 ‘‘(18) NURSE MANAGED HEALTH CLINIC.—The 21 term ‘nurse managed health clinic’ means a nurse- 22 practice arrangement, managed by advanced practice 23 nurses, that provides primary care or wellness serv- 24 ices to underserved or vulnerable populations and 25 that is associated with a school, college, university or BAI20215 S.L.C. 301 1 department of nursing, federally qualified health 2 center, or independent nonprofit health or social 3 services agency.’’; 4 (2) in section 802(c) (42 U.S.C. 296a(c)), by 5 inserting ‘‘, and how such project aligns with the 6 goals in section 806(a)’’ before the period in the sec- 7 ond sentence; 8 (3) in section 803(b) (42 U.S.C. 296b(b)), by 9 adding at the end the following: ‘‘Such Federal 10 funds are intended to supplement, not supplant, ex- 11 isting non-Federal expenditures for such activities.’’; 12 (4) in section 806 (42 U.S.C. 296e)— 13 (A) in subsection (a), by striking ‘‘as need- 14 ed to’’ and all that follows and inserting the fol- 15 lowing: ‘‘as needed to address national nursing 16 needs, including— 17 ‘‘(1) addressing challenges, including through 18 supporting training and education of nursing stu- 19 dents, related to the distribution of the nursing 20 workforce and existing or projected nursing work- 21 force shortages in geographic areas that have been 22 identified as having, or that are projected to have, 23 a nursing shortage; 24 ‘‘(2) increasing access to and the quality of 25 health care services, including by supporting the BAI20215 S.L.C. 302 1 training of professional registered nurses, advanced 2 practice registered nurses, and advanced education 3 nurses within community based settings and in a va- 4 riety of health delivery system settings; or 5 ‘‘(3) addressing the strategic goals and prior- 6 ities identified by the Secretary and that are in ac- 7 cordance with this title. 8 Contracts may be entered into under this title with public 9 or private entities as determined necessary by the Sec10 retary.’’; 11 (B) in subsection (b)(2), by striking ‘‘a 12 demonstration’’ and all that follows and insert- 13 ing the following: ‘‘the reporting of data and in- 14 formation 15 progress has been made by the program or 16 project in meeting the performance outcome 17 standards (as described in section 802) of such 18 program or project.’’; demonstrating that satisfactory 19 (C) in subsection (e)(2), by inserting ‘‘, 20 and have relevant expertise and experience’’ be- 21 fore the period at the end of the first sentence; 22 and 23 24 (D) by adding at the end the following: ‘‘(i) BIENNIAL REPORT ON NURSING WORKFORCE 25 PROGRAM IMPROVEMENTS.—Not later than September BAI20215 S.L.C. 303 1 30, 2020, and biennially thereafter, the Secretary shall 2 submit to the Committee on Health, Education, Labor, 3 and Pensions of the Senate and the Committee on Energy 4 and Commerce of the House of Representatives, a report 5 that contains an assessment of the programs and activities 6 of the Department of Health and Human Services related 7 to enhancing the nursing workforce, including the extent 8 to which programs and activities under this title meet the 9 identified goals and performance measures developed for 10 the respective programs and activities, and the extent to 11 which the Department coordinates with other Federal de12 partments regarding programs designed to improve the 13 nursing workforce.’’; 14 15 (5) in section 811 (42 U.S.C. 296j)— (A) in subsection (b)— 16 17 (i) by striking ‘‘Master’s’’ and inserting ‘‘graduate’’; and 18 (ii) by inserting ‘‘clinical nurse lead- 19 ers,’’ after ‘‘nurse administrators,’’; 20 (B) by redesignating subsections (f) and 21 (g) as subsections (g) and (h), respectively; and 22 (C) by inserting after subsection (e), the 23 24 following: ‘‘(f) AUTHORIZED CLINICAL NURSE SPECIALIST 25 PROGRAMS.—Clinical nurse specialist programs eligible BAI20215 S.L.C. 304 1 for support under this section are education programs 2 that— 3 4 ‘‘(1) provide registered nurses with full-time clinical nurse specialist education; and 5 ‘‘(2) have as their objective the education of 6 clinical nurse specialists who will, upon completion 7 of such a program, be qualified to effectively provide 8 care through the wellness and illness continuum to 9 inpatients and outpatients experiencing acute and 10 11 12 chronic illness.’’; and (6) in section 831 (42 U.S.C. 296p)— (A) in the section heading, by striking 13 ‘‘AND 14 ‘‘QUALITY, QUALITY GRANTS’’ and inserting AND RETENTION GRANTS’’; 15 (B) in subsection (b)(2), by striking ‘‘other 16 high-risk groups such as the elderly, individuals 17 with HIV/AIDS, substance abusers, the home- 18 less, and victims’’ and inserting ‘‘high risk 19 groups, such as the elderly, individuals with 20 HIV/AIDS, individuals with mental health or 21 substance use disorders, individuals who are 22 homeless, and survivors’’; 23 24 (C) in subsection (c)(1)— (i) in subparagraph (A)— BAI20215 S.L.C. 305 1 (I) by striking ‘‘advancement for 2 nursing personnel’’ and inserting the 3 following: ‘‘advancement for— 4 ‘‘(i) nursing’’; 5 (II) by striking ‘‘professional 6 nurses, advanced education nurses, li- 7 censed 8 nurse assistants, and home health 9 aides’’ and inserting ‘‘professional 10 registered nurses, advanced practice 11 registered nurses, and nurses with 12 graduate nursing education’’; and 13 practical nurses, certified (III) by adding at the end the 14 following: 15 ‘‘(ii) individuals including licensed 16 practical nurses, licensed vocational nurses, 17 certified nurse assistants, home health 18 aides, diploma degree or associate degree 19 nurses, and other health professionals, 20 such as health aides or community health 21 practitioners certified under the Commu- 22 nity Health Aide Program of the Indian 23 Health Service, 24 nurses with 25 nurses with graduate nursing education;’’; to become baccalaureate registered degrees or BAI20215 S.L.C. 306 1 2 (ii) in subparagraph (B), by striking the period and inserting ‘‘; and’’; and 3 (iii) by adding at the end the fol- 4 lowing: 5 ‘‘(C) developing and implementing intern- 6 ships, accredited fellowships, and accredited 7 residency programs in collaboration with one or 8 more accredited schools of nursing, to encour- 9 age the mentoring and development of special- 10 ties.’’; 11 (D) by striking subsections (e) and (h); 12 (E) by redesignating subsections (f) and 13 (g), as subsections (e) and (f), respectively; 14 (F) in subsection (e) (as so redesignated), 15 by striking ‘‘The Secretary shall submit to the 16 Congress before the end of each fiscal year’’ 17 and inserting ‘‘As part of the report on nursing 18 workforce programs described in section 806(i), 19 the Secretary shall include’’; and 20 (G) in subsection (f) (as so redesignated), 21 by striking ‘‘a school of nursing, as defined in 22 section 801(2),,’’ and inserting ‘‘an accredited 23 school of nursing, as defined in section 801(2), 24 a health care facility, including federally quali- 25 fied health centers or nurse-managed health BAI20215 S.L.C. 307 1 clinics, or a partnership of such a school and 2 facility’’; 3 (7) by striking section 831A (42 U.S.C. 296p– 4 5 1); (8) in section 846 (42 U.S.C. 297n)— 6 7 (A) by striking the last sentence of subsection (a); 8 (B) in subsection (b)(1), by striking ‘‘he 9 began such practice’’ and inserting ‘‘the indi- 10 vidual began such practice’’; and 11 (C) in subsection (i), by striking ‘‘FUND- 12 ING’’ 13 lows through ‘‘paragraph (1)’’ in paragraph (2), 14 and inserting the following: ‘‘ALLOCATIONS.— 15 Of the amounts appropriated under section 16 871(b),’’; 17 (9) in section 846A (42 U.S.C. 247n–1), by 18 19 20 21 in the subsection heading and all that fol- striking subsection (f); (10) in section 847 (42 U.S.C. 297o), by striking subsection (g); (11) in section 851 (42 U.S.C. 297t)— 22 (A) in subsection (b)(1)(A)(iv), by striking 23 ‘‘and nurse anesthetists’’ and inserting ‘‘nurse 24 anesthetists, and clinical nurse specialists’’; 25 (B) in subsection (d)(3)— BAI20215 S.L.C. 308 1 (i) by striking ‘‘3 years after the date 2 of enactment of this section’’ and inserting 3 ‘‘2 years after the date of enactment of the 4 Title VIII Nursing Reauthorization Act’’; 5 (ii) by striking ‘‘Labor and Human 6 Resources’’ and inserting ‘‘Health, Edu- 7 cation, Labor, and Pensions’’; and 8 9 (iii) by inserting ‘‘Energy and’’ before ‘‘Commerce’’; and 10 (C) in subsection (g), by striking ‘‘under 11 this title’’ and inserting ‘‘for carrying out parts 12 B, C, and D’’; 13 (12) by striking sections 861 and 862 (42 14 15 16 17 18 U.S.C. 297w and 297x); and (13) in section 871 (42 U.S.C. 298d)— (A) by striking ‘‘For the purpose of’’ and inserting the following: ‘‘(a) IN GENERAL.—For the purpose of’’; 19 (B) by striking ‘‘$338,000,000 for fiscal 20 year 2010, and such sums as may be necessary 21 for each of the fiscal years 2011 through 2016’’ 22 and inserting ‘‘$137,837,000 for each of fiscal 23 years 2021 through 2025’’; and 24 (C) by adding at the end the following: BAI20215 S.L.C. 309 1 ‘‘(b) PART E.—For the purpose of carrying out part 2 E, there are authorized to be appropriated $117,135,000 3 for each of the fiscal years 2021 through 2025.’’. 4 5 (b) EVALUATION PAYMENT AND REPORT ON NURSE LOAN RE- PROGRAMS.— 6 (1) EVALUATION.—The Comptroller General 7 shall conduct an evaluation of the nurse loan repay- 8 ment programs administered by the Health Re- 9 sources and Services Administration. Such evalua- 10 11 12 tion shall include— (A) the manner in which payments are made under such programs; 13 (B) the existing oversight functions nec- 14 essary to ensure the proper use of such pro- 15 grams, including payments made as part of 16 such programs; 17 18 (C) the identification of gaps, if any, in oversight functions; and 19 (D) information on the number of nurses 20 assigned to facilities pursuant to such pro- 21 grams, including the type of facility to which 22 nurses are assigned and the impact of modi- 23 fying the eligibility requirements for programs 24 under section 846 of the Public Health Service 25 Act (42 U.S.C. 297n), such as the impact on BAI20215 S.L.C. 310 1 entities to which nurses had previously been as- 2 signed prior to fiscal year 2019 (such as feder- 3 ally qualified health centers and facilities affili- 4 ated with the Indian Health Service). 5 (2) REPORT.—Not later than 18 months after 6 the enactment of this Act, the Comptroller General 7 shall submit to the Committee on Health, Edu- 8 cation, Labor, and Pensions of the Senate and the 9 Committee on Energy and Commerce of the House 10 of Representatives, a report on the evaluation under 11 paragraph (1), which may include recommendations 12 to improve relevant nursing workforce loan repay- 13 ment programs. 14 15 16 Subtitle B—Education Provisions SEC. 3501. SHORT TITLE. This subtitle may be cited as the ‘‘COVID-19 Pan- 17 demic Education Relief Act of 2020’’. 18 19 SEC. 3502. DEFINITIONS. (a) DEFINITIONS.—In this subtitle: 20 (1) CORONAVIRUS.—The term ‘‘coronavirus’’ 21 has the meaning given the term in section 506 of the 22 Coronavirus Preparedness and Response Supple- 23 mental Appropriations Act, 2020 (Public Law 116– 24 123). BAI20215 S.L.C. 311 1 (2) FOREIGN INSTITUTION.—The term ‘‘foreign 2 institution’’ means an institution of higher education 3 located outside the United States that is described 4 in paragraphs (1)(C) and (2) of section 102(a) of 5 the Higher Education Act of 1965 (20 U.S.C. 6 1002(a)). 7 (3) INSTITUTION OF HIGHER EDUCATION.—The 8 term ‘‘institution of higher education’’ has the 9 meaning of the term under section 102 of the High- 10 11 12 er Education Act of 1965 (20 U.S.C. 1002). (4) QUALIFYING EMERGENCY.—The term ‘‘qualifying emergency’’ means— 13 (A) a public health emergency related to 14 the coronavirus declared by the Secretary of 15 Health and Human Services pursuant to sec- 16 tion 319 of the Public Health Service Act (42 17 U.S.C. 247d); 18 (B) an event related to the coronavirus for 19 which the President declared a major disaster 20 or an emergency under section 401 or 501, re- 21 spectively, of the Robert T. Stafford Disaster 22 Relief and Emergency Assistance Act (42 23 U.S.C. 5170 and 5191); or 24 (C) a national emergency related to the 25 coronavirus declared by the President under BAI20215 S.L.C. 312 1 section 201 of the National Emergencies Act 2 (50 U.S.C. 1601 et seq.). 3 (5) SECRETARY.—The term ‘‘Secretary’’ means 4 5 6 7 the Secretary of Education. SEC. 3503. CAMPUS-BASED AID WAIVERS. (a) WAIVER OF NON-FEDERAL SHARE REQUIRE- MENT.—Notwithstanding sections 413C(a)(2) and 8 443(b)(5) of the Higher Education Act of 1965 (20 9 U.S.C. 1070b–2(a)(2) and 1087–53(b)(5)), with respect 10 to funds made available for award years 2019-2020 and 11 2020-2021, the Secretary shall waive the requirement that 12 a participating institution of higher education provide a 13 non-Federal share to match Federal funds provided to the 14 institution for the programs authorized pursuant to sub15 part 3 of part A and part C of title IV of the Higher 16 Education Act of 1965 (20 U.S.C. 1070b et seq. and 17 1087–51 et seq.) for all awards made under such pro18 grams during such award years, except nothing in this 19 subsection shall affect the non-Federal share requirement 20 under section 443(c)(3) that applies to private for-profit 21 organizations. 22 (b) AUTHORITY TO REALLOCATE.—Notwithstanding 23 sections 413D, 442, and 488 of the Higher Education Act 24 of 1965 (20 U.S.C. 1070b–3, 1087–52, and 1095), during 25 a period of a qualifying emergency, an institution may BAI20215 S.L.C. 313 1 transfer up to 100 percent of the institution’s unexpended 2 allotment under section 442 of such Act to the institu3 tion’s allotment under section 413D of such Act, but may 4 not transfer any funds from the institution’s unexpended 5 allotment under section 413D of such Act to the institu6 tion’s allotment under section 442 of such Act. 7 SEC. 3504. USE OF SUPPLEMENTAL EDUCATIONAL OPPOR- 8 9 TUNITY GRANTS FOR EMERGENCY AID. (a) IN GENERAL.—Notwithstanding section 413B of 10 the Higher Education Act of 1965 (20 U.S.C. 1070b–1), 11 an institution of higher education may reserve any amount 12 of an institution’s allocation under subpart 3 of part A 13 of title IV of the Higher Education Act of 1965 (20 U.S.C. 14 1070b et seq.) for a fiscal year to award, in such fiscal 15 year, emergency financial aid grants to assist under16 graduate or graduate students for unexpected expenses 17 and unmet financial need as the result of a qualifying 18 emergency. 19 (b) DETERMINATIONS.—In determining eligibility for 20 and awarding emergency financial aid grants under this 21 section, an institution of higher education may— 22 (1) waive the amount of need calculation under 23 section 471 of the Higher Education Act of 1965 24 (20 U.S.C. 1087kk); BAI20215 S.L.C. 314 1 (2) allow for a student affected by a qualifying 2 emergency to receive funds in an amount that is not 3 more than the maximum Federal Pell Grant for the 4 applicable award year; and 5 (3) utilize a contract with a scholarship-grant- 6 ing organization designated for the sole purpose of 7 accepting applications from or disbursing funds to 8 students enrolled in the institution of higher edu- 9 cation, if such scholarship-granting organization dis- 10 burses the full allocated amount provided to the in- 11 stitution of higher education to the recipients. 12 (c) SPECIAL RULE.—Any emergency financial aid 13 grants to students under this section shall not be treated 14 as other financial assistance for the purposes of section 15 471 of the Higher Education Act of 1965 (20 U.S.C. 16 1087kk). 17 18 19 SEC. 3505. FEDERAL WORK-STUDY DURING A QUALIFYING EMERGENCY. (a) IN GENERAL.—In the event of a qualifying emer- 20 gency, an institution of higher education participating in 21 the program under part C of title IV of the Higher Edu22 cation Act of 1965 (20 U.S.C. 1087–51 et seq.) may make 23 payments under such part to affected work-study stu24 dents, for the period of time (not to exceed one academic 25 year) in which affected students were unable to fulfill the BAI20215 S.L.C. 315 1 students’ work-study obligation for all or part of such aca2 demic year due to such qualifying emergency, as follows: 3 (1) Payments may be made under such part to 4 affected work-study students in an amount equal to 5 or less than the amount of wages such students 6 would have been paid under such part had the stu- 7 dents been able to complete the work obligation nec- 8 essary to receive work study funds, as a one time 9 grant or as multiple payments. 10 (2) Payments shall not be made to any student 11 who was not eligible for work study or was not com- 12 pleting the work obligation necessary to receive work 13 study funds under such part prior to the occurrence 14 of the qualifying emergency. 15 (3) Any payments made to affected work-study 16 students under this subsection shall meet the match- 17 ing requirements of section 443 of the Higher Edu- 18 cation Act of 1965 (20 U.S.C. 1087–53), unless 19 such matching requirements are waived by the Sec- 20 retary. 21 (b) DEFINITION 22 DENT.—In OF AFFECTED WORK-STUDY STU- this section, the term ‘‘affected work-study 23 student’’ means a student enrolled at an eligible institu24 tion participating in the program under part C of title IV BAI20215 S.L.C. 316 1 of the Higher Education Act of 1965 (20 U.S.C. 1087– 2 51 et seq.) who— 3 (1) received a work-study award under section 4 443 of the Higher Education Act of 1965 (20 5 U.S.C. 1087–53) for the academic year during which 6 a qualifying emergency occurred; 7 8 (2) earned Federal work-study wages from such eligible institution for such academic year; and 9 (3) was prevented from fulfilling the student’s 10 work-study obligation for all or part of such aca- 11 demic year due to such qualifying emergency. 12 13 14 SEC. 3506. ADJUSTMENT OF SUBSIDIZED LOAN USAGE LIMITS. Notwithstanding section 455(q)(3) of the Higher 15 Education Act of 1965 (20 U.S.C. 1087e(q)(3)), the Sec16 retary shall exclude from a student’s period of enrollment 17 for purposes of loans made under part D of title IV of 18 the Higher Education Act of 1965 (20 U.S.C. 1087a et 19 seq.) any semester (or the equivalent) that the student 20 does not complete due to a qualifying emergency, if the 21 Secretary is able to administer such policy in a manner 22 that limits complexity and the burden on the student. BAI20215 S.L.C. 317 1 2 3 SEC. 3507. EXCLUSION FROM FEDERAL PELL GRANT DURATION LIMIT. The Secretary shall exclude from a student’s Federal 4 Pell Grant duration limit under section 401(c)(5) of the 5 Higher Education Act of 1965 (2 U.S.C. 1070a(c)(5)) any 6 semester (or the equivalent) that the student does not 7 complete due to a qualifying emergency if the Secretary 8 is able to administer such policy in a manner that limits 9 complexity and the burden on the student. 10 11 12 13 SEC. 3508. INSTITUTIONAL REFUNDS AND FEDERAL STUDENT LOAN FLEXIBILITY. (a) INSTITUTIONAL WAIVER.— (1) IN GENERAL.—The Secretary shall waive 14 the institutional requirement under section 484B of 15 the Higher Education Act of 1965 (20 U.S.C. 16 1091b) with respect to the amount of grant or loan 17 assistance (other than assistance received under part 18 C of title IV of such Act) to be returned under such 19 section if a recipient of assistance under title IV of 20 the Higher Education Act of 1965 (20 U.S.C. 1070 21 et seq.) withdraws from the institution of higher 22 education during the payment period or period of 23 enrollment as a result of a qualifying emergency. 24 (2) WAIVERS.—The Secretary shall require 25 each institution using a waiver relating to the with- 26 drawal of recipients under this subsection to report BAI20215 S.L.C. 318 1 the number of such recipients, the amount of grant 2 or loan assistance (other than assistance received 3 under part C of title IV of such Act) associated with 4 each such recipient, and the total amount of grant 5 or loan assistance (other than assistance received 6 under part C of title IV of such Act) for which each 7 institution has not returned assistance under title IV 8 to the Secretary. 9 (b) STUDENT WAIVER.—The Secretary shall waive 10 the amounts that students are required to return under 11 section 484B of the Higher Education Act of 1965 (20 12 U.S.C. 1091b) with respect to Federal Pell Grants or 13 other grant assistance if the withdrawals on which the re14 turns are based, are withdrawals by students who with15 drew from the institution of higher education as a result 16 of a qualifying emergency. 17 (c) CANCELING LOAN OBLIGATION.—Notwith- 18 standing any other provision of the Higher Education Act 19 of 1965 (20 U.S.C. 1001 et seq.), the Secretary shall can20 cel the borrower’s obligation to repay the entire portion 21 of a loan made under part D of title IV of such Act (20 22 U.S.C. 1087a et seq.) associated with a payment period 23 for a recipient of such loan who withdraws from the insti24 tution of higher education during the payment period as 25 a result of a qualifying emergency. BAI20215 S.L.C. 319 1 (d) APPROVED LEAVE OF ABSENCE.—Notwith- 2 standing any other provision of the Higher Education Act 3 of 1965 (20 U.S.C. 1001 et seq.), for purposes of receiving 4 assistance under title IV of the Higher Education Act of 5 1965 (20 U.S.C. 1070 et seq.), an institution of higher 6 education may, as a result of a qualifying emergency, pro7 vide a student with an approved leave of absence that does 8 not require the student to return at the same point in the 9 academic program that the student began the leave of ab10 sence if the student returns within the same semester (or 11 the equivalent). 12 13 SEC. 3509. SATISFACTORY ACADEMIC PROGRESS. Notwithstanding section 484 of the Higher Education 14 Act of 1965 (20 U.S.C. 1091), in determining whether a 15 student is maintaining satisfactory academic progress for 16 purposes of title IV of the Higher Education Act of 1965 17 (20 U.S.C. 1070 et seq.), an institution of higher edu18 cation may, as a result of a qualifying emergency, exclude 19 from the quantitative component of the calculation any at20 tempted credits that were not completed by such student 21 without requiring an appeal by such student. 22 23 24 SEC. 3510. CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS. (a) IN GENERAL.—Notwithstanding section 481(b) 25 of the Higher Education Act of 1965 (20 U.S.C. 1088(b)), BAI20215 S.L.C. 320 1 with respect to a foreign institution, in the case of a public 2 health emergency, major disaster or emergency, or na3 tional emergency declared by the applicable government 4 authorities in the country in which the foreign institution 5 is located, the Secretary may permit any part of an other6 wise eligible program to be offered via distance education 7 for the duration of such emergency or disaster and the 8 following payment period for purposes of title IV of the 9 Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). 10 (b) ELIGIBILITY.—An otherwise eligible program 11 that is offered in whole or in part through distance edu12 cation by a foreign institution between March 1, 2020, and 13 the date of enactment of this Act shall be deemed eligible 14 for the purposes of part D of title IV of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1087a et seq.) for the dura16 tion of the qualifying emergency and the following pay17 ment period for purposes of title IV of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1070 et seq.). An institu19 tion of higher education that uses the authority provided 20 in the previous sentence shall report such use to the Sec21 retary— 22 23 (1) for the 2019–2020 award year, not later than June 30, 2020; and BAI20215 S.L.C. 321 1 (2) for an award year subsequent to the 2019– 2 2020 award year, not later than 30 days after such 3 use. 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 duration of the qualifying emergency and the fol7 lowing payment period, the Secretary shall submit to the 8 authorizing committees (as defined in section 103 of the 9 Higher Education Act of 1965 (20 U.S.C. 1003)) a report 10 that identifies each foreign institution that carried out a 11 distance education program authorized under this section. 12 13 (d) WRITTEN ARRANGEMENTS.— (1) IN GENERAL.—Notwithstanding section 102 14 of the Higher Education Act of 1965 (20 U.S.C. 15 1002), for the duration of a qualifying emergency 16 and the following payment period, the Secretary may 17 allow a foreign institution to enter into a written ar- 18 rangement with an institution of higher education 19 located in the United States that participates in the 20 Federal Direct Loan Program under part D of title 21 IV of the Higher Education Act of 1965 (20 U.S.C. 22 1087a et seq.) for the purpose of allowing a student 23 of the foreign institution who is a borrower of a loan 24 made under such part to take courses from the insti- BAI20215 S.L.C. 322 1 tution of higher education located in the United 2 States. 3 4 (2) FORM OF ARRANGEMENTS.— (A) PUBLIC OR OTHER NONPROFIT INSTI- 5 TUTIONS.—A 6 or other nonprofit institution may enter into a 7 written arrangement under subsection (a) only 8 with an institution of higher education de- 9 scribed in section 101 of such Act (20 U.S.C. 10 11 foreign institution that is a public 1001). (B) OTHER INSTITUTIONS.—A foreign in- 12 stitution that is a graduate medical school, 13 nursing school, or a veterinary school and that 14 is not a public or other nonprofit institution 15 may enter into a written arrangement under 16 subsection (a) with an institution of higher edu- 17 cation described in section 101 or section 102 18 of such Act (20 U.S.C. 1001 and 1002). 19 (3) REPORT ON USE.—An institution of higher 20 education that uses the authority described in para- 21 graph (2) shall report such use to the Secretary— 22 (A) for the 2019–2020 award year, not 23 later than June 30, 2020; and BAI20215 S.L.C. 323 1 (B) for an award year subsequent to the 2 2019–2020 award year, not later than 30 days 3 after such use. 4 (4) REPORT FROM THE SECRETARY.—Not later 5 than 180 days after the date of enactment of this 6 Act, and every 180 days thereafter for the duration 7 of the qualifying emergency and the following pay- 8 ment period, the Secretary shall submit to the au- 9 thorizing committees (as defined in section 103 of 10 the Higher Education Act of 1965 (20 U.S.C. 11 1003)) a report that identifies each foreign institu- 12 tion that entered into a written arrangement author- 13 ized under subsection (a). 14 SEC. 3511. NATIONAL EMERGENCY EDUCATIONAL WAIVERS. 15 (a) IN GENERAL.—Notwithstanding any other provi- 16 sion of law, the Secretary may, upon the request of a State 17 educational agency or Indian tribe, waive any statutory 18 or regulatory provision described under paragraphs (1) 19 and (2) of subsection (b), and upon the request of a local 20 educational agency, waive any statutory or regulatory pro21 vision described under paragraph (2) of subsection (b), if 22 the Secretary determines that such a waiver is necessary 23 and appropriate due to the emergency involving Federal 24 primary responsibility determined to exist by the President 25 under the section 501(b) of the Robert T. Stafford Dis- BAI20215 S.L.C. 324 1 aster Relief and Emergency Assistance Act (42 U.S.C. 2 5191(b)) with respect to the Coronavirus Disease 2019 3 (COVID-19). 4 5 (b) APPLICABLE PROVISIONS OF LAW.— (1) STREAMLINED WAIVERS.—The Secretary 6 shall create an expedited application process to re- 7 quest a waiver and the Secretary may waive any 8 statutory or regulatory requirements for a State 9 educational agency (related to assessments, account- 10 ability, and reporting requirements related to assess- 11 ments and accountability), if the Secretary deter- 12 mines that such a waiver is necessary and appro- 13 priate as described in subsection (a), under the fol- 14 lowing provisions of law: 15 (A) The following provisions under section 16 1111 of the Elementary and Secondary Edu- 17 cation Act of 1965 (20 U.S.C. 6311): 18 19 (i) Paragraphs (2) and (3) of subsection (b). 20 (ii) Subsection (c)(4). 21 (iii) Subparagraphs (C) and (D) of 22 23 24 subsection (d)(2). (iv) The following provisions under subsection (h) of such section 1111: BAI20215 S.L.C. 325 1 (I) Clauses (i), (ii), (iii)(I), (iv), 2 (v), (vi), (vii), and (xi) of paragraph 3 (1)(C). 4 (II) Paragraph (2)(C) with re- 5 spect to the waived requirements 6 under subclause (I). 7 (III) Clauses (i) and (ii) of para- 8 9 graph (2)(C). (B) Section 421(b) of the General Edu- 10 cation Provisions Act (20 U.S.C. 1225(b)). 11 (2) STATE AND LOCALLY-REQUESTED WAIV- 12 ERS.—For 13 cational agency, or Indian tribe that receives funds 14 under a program authorized under the Elementary 15 and Secondary Education Act of 1965 (20 U.S.C. 16 6301 et seq.) that requests a waiver under sub- 17 section (c), the Secretary may waive statutory and 18 regulatory requirements under any of the following 19 provisions of such Act: a State educational agency, local edu- 20 (A) Section 1114(a)(1). 21 (B) Section 1118(a) and section 8521. 22 (C) Section 1127. 23 (D) Section 4106(d). 24 (E) Subparagraphs (C), (D), and (E) of 25 section 4106(e)(2). BAI20215 S.L.C. 326 1 (F) Section 4109(b). 2 (G) The definition under section 8101(42) 3 for purposes of the Elementary and Secondary 4 Education Act of 1965 (20 U.S.C. 6301 et 5 seq.). 6 (3) APPLICABILITY TO CHARTER SCHOOLS.— 7 Any waivers issued by the Secretary under this sec- 8 tion shall be implemented, as applicable— 9 (A) for all public schools, including public 10 charter schools within the boundaries of the re- 11 cipient of the waiver; 12 13 (B) in accordance with State charter school law; and 14 (C) pursuant to section 1111(c)(5) of the 15 Elementary and Secondary Education Act of 16 1965 (20 U.S.C. 6311(c)(5)). 17 (4) LIMITATION.—Nothing in this section shall 18 be construed to allow the Secretary to waive any 19 statutory or regulatory requirements under applica- 20 ble civil rights laws. 21 (5) ACCOUNTABILITY AND IMPROVEMENT.— 22 Any school located in a State that receives a waiver 23 under paragraph (1) and that is identified for com- 24 prehensive support and improvement, targeted sup- 25 port and improvement, or additional targeted sup- BAI20215 S.L.C. 327 1 port in the 2019-2020 school year under section 2 1111(c)(4)(D) or section 1111(d)(2) of the Elemen- 3 tary and Secondary Education Act of 1965 (20 4 U.S.C. 6311(c)(4)(D) or (d)(2)) shall maintain that 5 identification status in the 2020-2021 school year 6 and continue to receive supports and interventions 7 consistent with the school’s support and improve- 8 ment plan in the 2020-2021 school year. 9 (c) STATE 10 (1) IN AND LOCAL REQUESTS GENERAL.—A FOR WAIVERS.— State educational agency, 11 local educational agency, or Indian tribe that desires 12 a waiver from any statutory or regulatory provision 13 described under subsection (b)(2), may submit a 14 waiver request to the Secretary in accordance with 15 this subsection. 16 17 18 19 20 21 (2) REQUESTS SUBMITTED.—A request for a waiver under this subsection shall— (A) identify the Federal programs affected by the requested waiver; (B) describe which Federal statutory or regulatory requirements are to be waived; 22 (C) describe how the emergency involving 23 Federal primary responsibility determined to 24 exist by the President under the section 501(b) 25 of the Robert T. Stafford Disaster Relief and BAI20215 S.L.C. 328 1 Emergency Assistance Act (42 U.S.C. 5191(b)) 2 with respect to the Coronavirus Disease 2019 3 (COVID-19) prevents or otherwise restricts the 4 ability of the State, State educational agency, 5 local educational agency, Indian tribe, or school 6 to comply with such statutory or regulatory re- 7 quirements; and 8 (D) provide an assurance that the State 9 educational agency, local educational agency, or 10 Indian tribe will work to mitigate any negative 11 effects, if any, that may occur as a result of the 12 requested waiver. 13 (3) SECRETARY 14 (A) IN APPROVAL.— GENERAL.—Except as provided 15 under subparagraph (B), the Secretary shall 16 approve or disapprove a waiver request sub- 17 mitted under paragraph (1) not more than 30 18 days after the date on which such request is 19 submitted. 20 (B) EXCEPTIONS.—The Secretary may dis- 21 approve a waiver request submitted under para- 22 graph (1), only if the Secretary determines 23 that— 24 25 (i) the waiver request does not meet the requirements of this section; BAI20215 S.L.C. 329 1 2 (ii) the waiver is not permitted pursuant to subsection (b)(2); or 3 (iii) the description required under 4 paragraph (2)(C) provides insufficient in- 5 formation to demonstrate that the waiving 6 of such requirements is necessary or ap- 7 propriate consistent with subsection (a). 8 (4) DURATION.—A waiver approved by the Sec- 9 retary under this section may be for a period not to 10 exceed the 2019–2020 academic year, except to 11 carry out full implementation of any maintenance of 12 effort waivers granted during the 2019–2020 aca- 13 demic year. 14 (d) REPORTING AND PUBLICATION.— 15 (1) PUBLIC NOTICE.—A State educational 16 agency, Indian Tribe, or local educational agency re- 17 questing a waiver under subsection (b)(2) shall pro- 18 vide the public and all local educational agencies in 19 the State with notice of, and the opportunity to com- 20 ment on, the request by posting information regard- 21 ing the waiver request and the process for com- 22 menting on the State website. 23 (2) NOTIFYING CONGRESS.—Not later than 7 24 days after granting a waiver under this section, the 25 Secretary shall notify the Committee on Health, BAI20215 S.L.C. 330 1 Education, Labor, and Pensions of the Senate, the 2 Committee on Appropriations of the Senate, the 3 Committee on Education and Labor of the House of 4 Representatives, and the Committee on Appropria- 5 tions of the House of Representatives of such waiv- 6 er. 7 (3) PUBLICATION.—Not later than 30 days 8 after granting a waiver under this section, the Sec- 9 retary shall publish a notice of the Secretary’s deci- 10 sion (including which waiver was granted and the 11 reason for granting the waiver) in the Federal Reg- 12 ister and on the website of the Department of Edu- 13 cation. 14 (4) REPORT.—Not later than 30 days after the 15 date of enactment of this Act, the Secretary shall 16 prepare and submit a report to the Committee on 17 Health, Education, Labor, and Pensions and the 18 Committee on Appropriations of the Senate, and the 19 Committee on Education and Labor and the Com- 20 mittee on Appropriations of the House of Represent- 21 atives, with recommendations on any additional 22 waivers under the Individuals with Disabilities Edu- 23 cation Act (20 U.S.C. 1401 et seq.), the Rehabilita- 24 tion Act of 1973 (29 U.S.C. 701 et seq.), the Ele- 25 mentary and Secondary Education Act of 1965 (20 BAI20215 S.L.C. 331 1 U.S.C. 6301 et seq.), and the Carl D. Perkins Ca- 2 reer and Technical Education Act of 2006 (20 3 U.S.C. 2301 et seq.) the Secretary believes are nec- 4 essary to be enacted into law to provide limited flexi- 5 bility to States and local educational agencies to 6 meet the needs of students during the emergency in- 7 volving Federal primary responsibility determined to 8 exist by the President under section 501(b) of the 9 Robert T. Stafford Disaster Relief and Emergency 10 Assistance Act (42 U.S.C. 5191(b)) with respect to 11 the Coronavirus Disease 2019 (COVID-19). 12 (e) TERMS.—In this section, the term ‘‘State edu- 13 cational agency’’ includes the Bureau of Indian Education, 14 and the term ‘‘local educational agency’’ includes Bureau 15 of Indian Education funded schools operated pursuant to 16 a grant under the Tribally Controlled Schools Act of 1988 17 (25 U.S.C. 2501 et seq.), or a contract under the Indian 18 Self-Determination and Education Assistance Act (25 19 U.S.C. 5301 et seq.). 20 SEC. 3512. HBCU CAPITAL FINANCING. 21 (a) DEFERMENT PERIOD.— 22 (1) IN GENERAL.—Notwithstanding any provi- 23 sion of title III of the Higher Education Act of 1965 24 (20 U.S.C. 1051 et seq.), or any regulation promul- 25 gated under such title, the Secretary may grant a BAI20215 S.L.C. 332 1 deferment, for the duration of a qualifying emer- 2 gency, to an institution that has received a loan 3 under part D of title III of such Act (20 U.S.C. 4 1066 et seq.). 5 6 (2) TERMS.—During the deferment period granted under this subsection— 7 (A) the institution shall not be required to 8 pay any periodic installment of principal or in- 9 terest required under the loan agreement for 10 such loan; and 11 (B) the Secretary shall make principal and 12 interest payments otherwise due under the loan 13 agreement. 14 (3) CLOSING.—At the closing of a loan deferred 15 under this subsection, terms shall be set under 16 which the institution shall be required to repay the 17 Secretary for the payments of principal and interest 18 made by the Secretary during the deferment, on a 19 schedule that begins upon repayment to the lender 20 in full on the loan agreement, except in no case shall 21 repayment be required to begin before the date that 22 is 1 full fiscal year after the date that is the end of 23 the qualifying emergency. 24 (b) TERMINATION DATE.— BAI20215 S.L.C. 333 1 (1) IN GENERAL.—The authority provided 2 under this section to grant a loan deferment under 3 subsection (a) shall terminate on the date on which 4 the qualifying emergency is no longer in effect. 5 (2) DURATION.—Any provision of a loan agree- 6 ment or insurance agreement modified by the au- 7 thority under this section shall remain so modified 8 for the duration of the period covered by the loan 9 agreement or insurance agreement. 10 (c) REPORT.—Not later than 180 days after the date 11 of enactment of this Act, and every 180 days thereafter 12 during the period beginning on the first day of the quali13 fying emergency and ending on September 30 of the fiscal 14 year following the end of the qualifying emergency, the 15 Secretary shall submit to the authorizing committees (as 16 defined in section 103 of the Higher Education Act of 17 1965 (20 U.S.C. 1003)) a report that identifies each insti18 tution that received assistance under this section. 19 (d) FUNDING.—There is hereby appropriated, out of 20 any money in the Treasury not otherwise appropriated, 21 $62,000,000 to carry out this section. 22 23 24 SEC. 3513. TEMPORARY RELIEF FOR FEDERAL STUDENT LOAN BORROWERS. (a) IN GENERAL.—The Secretary shall suspend all 25 payments due for loans made under part D and part B BAI20215 S.L.C. 334 1 (that are held by the Department of Education) of title 2 IV of the Higher Education Act of 1965 (20 U.S.C. 1087a 3 et seq.; 1071 et seq.) through September 30, 2020. 4 (b) NO ACCRUAL OF INTEREST.—Notwithstanding 5 any other provision of the Higher Education Act of 1965 6 (20 U.S.C. 1001 et seq.), interest shall not accrue on a 7 loan described under subsection (a) for which payment 8 was suspended for the period of the suspension. 9 (c) CONSIDERATION OF PAYMENTS.—Notwith- 10 standing any other provision of the Higher Education Act 11 of 1965 (20 U.S.C. 1001 et seq.), the Secretary shall deem 12 each month for which a loan payment was suspended 13 under this section as if the borrower of the loan had made 14 a payment for the purpose of any loan forgiveness pro15 gram or loan rehabilitation program authorized under part 16 D or B of title IV of the Higher Education Act of 1965 17 (20 U.S.C. 1087a et seq.; 1071 et seq.) for which the bor18 rower would have otherwise qualified. 19 20 (d) REPORTING CIES.—During TO CONSUMER REPORTING AGEN- the period in which the Secretary suspends 21 payments on a loan under subsection (a), the Secretary 22 shall ensure that, for the purpose of reporting information 23 about the loan to a consumer reporting agency, any pay24 ment that has been suspended is treated as if it were a 25 regularly scheduled payment made by a borrower. BAI20215 S.L.C. 335 1 (e) SUSPENDING INVOLUNTARY COLLECTION.—Dur- 2 ing the period in which the Secretary suspends payments 3 on a loan under subsection (a), the Secretary shall sus4 pend all involuntary collection related to the loan, includ5 ing— 6 (1) a wage garnishment authorized under sec- 7 tion 488A of the Higher Education Act of 1965 (20 8 U.S.C. 1095a) or section 3720D of title 31, United 9 States Code; 10 (2) a reduction of tax refund by amount of debt 11 authorized under section 3720A of title 31, United 12 States Code; 13 (3) a reduction of any other Federal benefit 14 payment by administrative offset authorized under 15 section 3716 of title 31, United States Code (includ- 16 ing a benefit payment due to an individual under the 17 Social Security Act or any other provision described 18 in subsection (c)(3)(A)(i) of such section); and 19 (4) any other involuntary collection activity by 20 the Secretary. 21 (f) WAIVERS.—In carrying out this section, the Sec- 22 retary may waive the application of— 23 (1) subchapter I of chapter 35 of title 44, 24 United States Code (commonly known as the ‘‘Pa- 25 perwork Reduction Act’’); BAI20215 S.L.C. 336 1 (2) the master calendar requirements under 2 section 482 of the Higher Education Act of 1965 3 (20 U.S.C. 1089); 4 (3) negotiated rulemaking under section 492 of 5 the Higher Education Act of 1965 (20 U.S.C. 6 1098a); and 7 (4) the requirement to publish the notices re- 8 lated to the system of records of the agency before 9 implementation required under paragraphs (4) and 10 (11) of section 552a(e) of title 5, United States 11 Code (commonly known as the ‘‘Privacy Act of 12 1974’’), except that the notices shall be published 13 not later than 180 days after the date of enactment 14 of this Act. 15 (g) NOTICE 16 RIOD.—To TO BORROWERS AND TRANSITION PE- inform borrowers of the actions taken in ac- 17 cordance with this section and ensure an effective transi18 tion, the Secretary shall— 19 20 (1) not later than 15 days after the date of enactment of this Act, notify borrowers— 21 (A) of the actions taken in accordance with 22 subsections (a) and (b) for whom payments 23 have been suspended and interest waived; BAI20215 S.L.C. 337 1 (B) of the actions taken in accordance with 2 subsection (e) for whom collections have been 3 suspended; 4 5 (C) of the option to continue making payments toward principal; and 6 (D) that the program under this section is 7 a temporary program. 8 (2) beginning on August 1, 2020, carry out a 9 program to provide not less than 6 notices by postal 10 mail, telephone, or electronic communication to bor- 11 rowers indicating— 12 13 (A) when the borrower’s normal payment obligations will resume; and 14 (B) that the borrower has the option to en- 15 roll in income-driven repayment, including a 16 brief description of such options. 17 SEC. 3514. PROVISIONS RELATED TO THE CORPORATION 18 19 20 21 22 FOR NATIONAL AND COMMUNITY SERVICE. (a) ACCRUAL OF SERVICE HOURS.— (1) ACCRUAL THROUGH OTHER SERVICE HOURS.— (A) IN GENERAL.—Notwithstanding any 23 other provision of the Domestic Volunteer Serv- 24 ice Act of 1973 (42 U.S.C. 4950 et seq.) or the 25 National and Community Service Act of 1990 BAI20215 S.L.C. 338 1 (42 U.S.C. 12501 et seq.), the Corporation for 2 National and Community Service shall allow an 3 individual described in subparagraph (B) to ac- 4 crue other service hours that will count toward 5 the number of hours needed for the individual’s 6 education award. 7 (B) AFFECTED INDIVIDUALS.—Subpara- 8 graph (A) shall apply to any individual serving 9 in a position eligible for an educational award 10 under subtitle D of title I of the National and 11 Community Service Act of 1990 (42 U.S.C. 12 12601 et seq.)— 13 14 15 16 17 (i) who is performing limited service due to COVID-19; or (ii) whose position has been suspended or placed on hold due to COVID-19. (2) PROVISIONS IN CASE OF EARLY EXIT.—In 18 any case where an individual serving in a position el- 19 igible for an educational award under subtitle D of 20 title I of the National and Community Service Act 21 of 1990 (42 U.S.C. 12601 et seq.) was required to 22 exit the position early at the direction of the Cor- 23 poration for National and Community Service, the 24 Chief Executive Officer of the Corporation for Na- 25 tional and Community Service may— BAI20215 S.L.C. 339 1 2 (A) deem such individual as having met the requirements of the position; and 3 (B) award the individual the full value of 4 the educational award under such subtitle for 5 which the individual would otherwise have been 6 eligible. 7 (b) AVAILABILITY OF FUNDS.—Notwithstanding any 8 other provision of law, all funds made available to the Cor9 poration for National and Community Service under any 10 Act, including the amounts appropriated to the Corpora11 tion under the headings ‘‘OPERATING EXPENSES’’, 12 RIES AND EXPENSES’’, OF THE INSPECTOR 13 GENERAL’’ 14 TIONAL AND and ‘‘OFFICE under the heading ‘‘CORPORATION ‘‘SALA- FOR NA - COMMUNITY SERVICE’’ under title IV of Divi- 15 sion A of the Further Consolidated Appropriations Act, 16 2020 (Public Law 116–94), shall remain available for the 17 fiscal year ending September 30, 2021. 18 (c) NO REQUIRED RETURN OF GRANT FUNDS.— 19 Notwithstanding section 129(l)(3)(A)(i) of the National 20 and Community Service Act of 1990 (42 U.S.C. 21 12581(l)(3)(A)(i)), the Chief Executive Officer of the Cor22 poration for National and Community Service may permit 23 fixed-amount grant recipients under such section 129(l) 24 to maintain a pro rata amount of grant funds, at the dis25 cretion of the Corporation for National and Community BAI20215 S.L.C. 340 1 Service, for participants who exited, were suspended, or 2 are serving in a limited capacity due to COVID-19, to en3 able the grant recipients to maintain operations and to 4 accept participants. 5 (d) EXTENSION OF TERMS AND AGE LIMITS.—Not- 6 withstanding any other provision of law, the Corporation 7 for National and Community Service may extend the term 8 of service (for a period not to exceed the 1-year period 9 immediately following the end of the national emergency) 10 or waive any upper age limit (except in no case shall the 11 maximum age exceed 26 years of age) for national service 12 programs carried out by the National Civilian Community 13 Corps under subtitle E of title I of the National and Com14 munity Service Act of 1990 (42 U.S.C. 12611 et seq.), 15 and the participants in such programs, for the purposes 16 of— 17 18 (1) addressing disruptions due to COVID-19; and 19 (2) minimizing the difficulty in returning to full 20 operation due to COVID-19 on such programs and 21 participants. 22 23 SEC. 3515. WORKFORCE RESPONSE ACTIVITIES. (a) ADMINISTRATIVE COSTS.—Notwithstanding sec- 24 tion 128(b)(4) of the Workforce Innovation Opportunity 25 Act (29 U.S.C. 3163(b)(4)), of the total amount allocated BAI20215 S.L.C. 341 1 to a local area (including the total amount allotted to a 2 single State local area) under subtitle B of title I of such 3 Act (29 U.S.C. 3151 et seq.) for program year 2019, not 4 more than 20 percent of the total amount may be used 5 for the administrative costs of carrying out local workforce 6 investment activities under chapter 2 or chapter 3 of sub7 title B of title I of such Act, if the portion of the total 8 amount that exceeds 10 percent of the total amount is 9 used to respond to a qualifying emergency. 10 11 (b) RAPID RESPONSE ACTIVITIES.— (1) STATEWIDE RAPID RESPONSE.—Of the 12 funds reserved by a Governor for program year 2019 13 for statewide activities under section 128(a) of the 14 Workforce Innovation and Opportunity Act (29 15 U.S.C. 3163(a)) that remain unobligated, such 16 funds may be used for statewide rapid response ac- 17 tivities as described in section 134(a)(2)(A) of such 18 Act (29 U.S.C. 3174(a)(2)(A)) for responding to a 19 qualifying emergency. 20 (2) LOCAL BOARDS.—Of the funds reserved by 21 a Governor for program year 2019 under section 22 133(a)(2) of such Act (29 U.S.C. 3173(a)(2)) that 23 remain unobligated, such funds may be released 24 within 30 days after the date of enactment of this 25 Act to the local boards most impacted by the BAI20215 S.L.C. 342 1 coronavirus at the determination of the Governor for 2 rapid response activities related to responding to a 3 qualifying emergency. 4 (c) DEFINITIONS.—Except as otherwise provided, the 5 terms in this section have the meanings given the terms 6 in section 3 of the Workforce Innovation and Opportunity 7 Act (29 U.S.C. 3102). 8 9 SEC. 3516. TECHNICAL AMENDMENTS. (a) IN GENERAL.— 10 (1) Section 6103(a)(3) of the Internal Revenue 11 Code of 1986, as amended by the FUTURE Act 12 (Public Law 116-91), is further amended by striking 13 ‘‘(13), (16)’’ and inserting ‘‘(13)(A), (13)(B), 14 (13)(C), (13)(D)(i), (16)’’. 15 (2) Section 6103(p)(3)(A) of such Code, as so 16 amended, is further amended by striking ‘‘(12),’’ 17 and inserting ‘‘(12), (13)(A), (13)(B), (13)(C), 18 (13)(D)(i)’’. 19 (3) Section 6103(p)(4) of such Code, as so 20 amended, is further amended by striking ‘‘(13) or 21 (16)’’ each place it appears and inserting ‘‘(13), or 22 (16)’’. 23 (4) Section 6103(p)(4) of such Code, as so 24 amended and as amended by paragraph (3), is fur- 25 ther amended by striking ‘‘(13)’’ each place it ap- BAI20215 S.L.C. 343 1 pears and inserting ‘‘(13)(A), (13)(B), (13)(C), 2 (13)(D)(i)’’. 3 (5) Section 6103(l)(13)(C)(ii) of such Code, as 4 added by the FUTURE Act (Public Law 116-91), is 5 amended by striking ‘‘section 236A(e)(4)’’ and in- 6 serting ‘‘section 263A(e)(4)’’. 7 (b) EFFECTIVE DATE.—The amendments made by 8 this section shall apply as if included in the enactment 9 of the FUTURE Act (Public Law 116-91). 10 SEC. 3517. WAIVER AUTHORITY AND REPORTING REQUIRE- 11 MENT FOR INSTITUTIONAL AID. 12 (a) WAIVER AUTHORITY.—Notwithstanding any 13 other provision of the Higher Education Act of 1965 14 (U.S.C. 1001 et seq.), unless enacted with specific ref15 erence to this section, for any institution of higher edu16 cation that was receiving assistance under title III, title 17 V, or subpart 4 of part A of title VII of such Act (20 18 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) at the 19 time of a qualifying emergency, the Secretary may, for the 20 period beginning on the first day of the qualifying emer21 gency and ending on September 30 of the fiscal year fol22 lowing the end of the qualifying emergency— 23 (1) waive— 24 (A) the eligibility data requirements set 25 forth in section 391(d) and 521(e) of the High- BAI20215 S.L.C. 344 1 er Education Act of 1965 (20 U.S.C. 1068(d); 2 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 the reference to ‘‘the academic 10 year preceding the beginning of that fiscal 11 year’’ under such section 318(e)(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), the reference to ‘‘the end of the school 16 year preceding the beginning of that fiscal 17 year’’ under such section 324(a), and the ref- 18 erence to ‘‘the academic year preceding such 19 fiscal year’’ under such section 324(h); 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 such section 24 326(f)(3)(B); BAI20215 S.L.C. 345 1 (F) subparagraphs (A), (C), (D), and (E) 2 of section 723(f)(3) and subparagraphs (A), 3 (C), (D), and (E) of section 724(f)(3) of the 4 Higher Education Act of 1965 (20 U.S.C. 5 1136a(f)(3); 1136b(f)(3)), and references to 6 ‘‘previous academic year’’ under subparagraph 7 (B) of such sections 723(f)(3) and 724(f)(3); 8 and 9 (G) the allotment restriction set forth in 10 section 318(d)(4) and section 323(c)(2) of the 11 Higher Education Act of 1965 (20 U.S.C. 12 1059e(d)(4); 1062(c)(2)); and 13 (2) waive or modify any statutory or regulatory 14 provision to ensure that institutions that were re- 15 ceiving assistance under title III, title V, or subpart 16 4 of part A of title VII of such Act (20 U.S.C. 1051 17 et seq.; 1101 et seq.; 1136a et seq.) at the time of 18 a qualifying emergency are not adversely affected by 19 any formula calculation for fiscal year 2020 and for 20 the period beginning on the first day of the quali- 21 fying emergency and ending on September 30 of the 22 fiscal year following the end of the qualifying emer- 23 gency, as necessary. 24 (b) USE OF UNEXPENDED FUNDS.—Any funds paid 25 to an institution under title III, title V, or subpart 4 of BAI20215 S.L.C. 346 1 part A of title VII of the Higher Education Act of 1965 2 (20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) and 3 not expended or used for the purposes for which the funds 4 were paid to the institution during the 5-year period fol5 lowing the date on which the funds were first paid to the 6 institution, may be carried over and expended during the 7 succeeding 5-year period. 8 (c) REPORT.—Not later than 180 days after the date 9 of enactment of this Act, and every 180 days thereafter 10 for the period beginning on the first day of the qualifying 11 emergency and ending on September 30 of the fiscal year 12 following the end of the qualifying emergency, the Sec13 retary shall submit to the authorizing committees (as de14 fined in section 103 of the Higher Education Act of 1965 15 (20 U.S.C. 1003)) a report that identifies each institution 16 that received a waiver or modification under this section. 17 18 19 SEC. 3518. AUTHORIZED USES AND OTHER MODIFICATIONS FOR GRANTS. (a) IN GENERAL.—The Secretary is authorized to 20 modify the required and allowable uses of funds for grants 21 awarded under part A or B of title III, chapter I or II 22 of subpart 2 of part A of title IV, title V, or subpart 4 23 of part A of title VII of the Higher Education Act of 1965 24 (20 U.S.C. 1057 et seq.; 1060 et seq.; 1070a–11 et seq.; 25 1070a–21 et seq.; 1101 et seq.; 1136a et seq.) to an insti- BAI20215 S.L.C. 347 1 tution of higher education or other grant recipient (not 2 including individual recipients of Federal student financial 3 assistance), at the request of an institution of higher edu4 cation or other recipient of a grant (not including indi5 vidual recipients of Federal student financial assistance) 6 as a result of a qualifying emergency, for the period begin7 ning on the first day of the qualifying emergency and end8 ing on September 30 of the fiscal year following the end 9 of the qualifying emergency. 10 (b) MATCHING REQUIREMENT MODIFICATIONS.— 11 Notwithstanding any other provision of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1001 et seq.), the Secretary 13 is authorized to modify any Federal share or other finan14 cial matching requirement for a grant awarded on a com15 petitive basis or a grant awarded under part A or B of 16 title III or subpart 4 of part A of title VII of the Higher 17 Education Act of 1965 (20 U.S.C. 1057 et seq.; 1060 et 18 seq.; 1136a et seq.) at the request of an institution of 19 higher education or other grant recipient as a result of 20 a qualifying emergency, for the period beginning on the 21 first day of the qualifying emergency and ending on Sep22 tember 30 of the fiscal year following the end of the quali23 fying emergency. 24 (c) REPORTS.—Not later than 180 days after the 25 date of enactment of this Act, and every 180 days there- BAI20215 S.L.C. 348 1 after for the duration of the period beginning on the first 2 day of the qualifying emergency and ending on September 3 30 of the fiscal year following the end of the qualifying 4 emergency, the Secretary shall submit to the authorizing 5 committees (as defined in section 103 of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1003)) a report that identi7 fies each institution of higher education or other grant re8 cipient that received a modification under this section. 9 10 SEC. 3519. SERVICE OBLIGATIONS FOR TEACHERS. (a) TEACH GRANTS.—For the purpose of section 11 420N of the Higher Education Act of 1965 (20 U.S.C. 12 1070g–2), during a qualifying emergency, the Secretary— 13 (1) may modify the categories of extenuating 14 circumstances under which a recipient of a grant 15 under subpart 9 of part A of title IV of the Higher 16 Education Act of 1965 (20 U.S.C. 1070g et seq.) 17 who is unable to fulfill all or part of the recipient’s 18 service obligation may be excused from fulfilling that 19 portion of the service obligation; and 20 (2) shall consider teaching service that, as a re- 21 sult of a qualifying emergency, is part-time or tem- 22 porarily interrupted, to be full-time service and to 23 fulfill the service obligations under such section 24 420N. BAI20215 S.L.C. 349 1 (b) TEACHER LOAN FORGIVENESS.—Notwith- 2 standing section 428J or 460 of the Higher Education Act 3 of 1965 (20 U.S.C. 1078–10; 1087j), the Secretary shall 4 waive the requirements under such sections that years of 5 teaching service shall be consecutive if— 6 (1) the teaching service of a borrower is tempo- 7 rarily interrupted due to a qualifying emergency; 8 and 9 (2) after the temporary interruption due to a 10 qualifying emergency, the borrower resumes teaching 11 service and completes a total of 5 years of qualifying 12 teaching service under such sections, including quali- 13 fying teaching service performed before, during, and 14 after such qualifying emergency. 15 Subtitle C—Labor Provisions 16 17 SEC. 3601. LIMITATION ON PAID LEAVE. Section 110(b)(2)(B) of the Family and Medical 18 Leave Act of 1993 (as added by the Emergency Family 19 and Medical Leave Expansion Act) is amended by striking 20 clause (ii) and inserting the following: 21 ‘‘(ii) LIMITATION.—An employer shall 22 not be required to pay more than $200 per 23 day and $10,000 in the aggregate for each 24 employee for paid leave under this sec- 25 tion.’’. BAI20215 S.L.C. 350 1 SEC. 3602. EMERGENCY PAID SICK LEAVE ACT LIMITATION. 2 Section 5102 of the Emergency Paid Sick Leave Act 3 (division E of the Families First Coronavirus Response 4 Act) is amended by adding at the end the following: 5 ‘‘(f) LIMITATIONS.—An employer shall not be re- 6 quired to pay more than either— 7 ‘‘(1) $511 per day and $5,110 in the aggregate 8 for each employee, when the employee is taking leave 9 for a reason described in paragraph (1), (2), or (3) 10 of section 5102(a); or 11 ‘‘(2) $200 per day and $2,000 in the aggregate 12 for each employee, when the employee is taking leave 13 for a reason described in paragraph (4), (5), or (6) 14 of section 5102(a).’’. 15 16 SEC. 3603. UNEMPLOYMENT INSURANCE. Section 903(h)(2)(B) of the Social Security Act (42 17 U.S.C. 1103(h)(2)(B)), as added by section 4102 of the 18 Emergency Unemployment Insurance Stabilization and 19 Access Act of 2020, is amended to read as follows: 20 ‘‘(B) The State ensures that applications 21 for unemployment compensation, and assistance 22 with the application process, are accessible, to 23 the extent practicable in at least two of the fol- 24 lowing: in person, by phone, or online.’’. BAI20215 S.L.C. 351 1 SEC. 3604. OMB WAIVER OF PAID FAMILY AND PAID SICK 2 3 LEAVE. (a) FAMILY AND MEDICAL LEAVE ACT OF 1993.— 4 Section 110(a) of title I of the Family and Medical Leave 5 Act of 1993 (29 U.S.C. 2611 et seq.) (as added by division 6 C of the Families First Coronavirus Response Act) is 7 amended by adding at the end the following new para8 graph: 9 ‘‘(4) The Director of the Office of Management 10 and Budget shall have the authority to exclude for 11 good cause from the requirements under subsection 12 (b) certain employers of the United States Govern- 13 ment with respect to certain categories of Executive 14 Branch employees.’’. 15 (b) EMERGENCY PAID SICK LEAVE ACT.—The 16 Emergency Paid Sick Leave Act (division E of the Fami17 lies First Coronavirus Response Act) is amended by add18 ing at the end the following new section: 19 ‘‘SEC. 5112. AUTHORITY TO EXCLUDE CERTAIN EMPLOYEES. 20 ‘‘The Director of the Office of Management and 21 Budget shall have the authority to exclude for good cause 22 from the definition of employee under section 5110(1) cer23 tain employees described in subparagraphs (E) and (F) 24 of such section, including by exempting certain United 25 States Government employers covered by section 26 5110(2)(A)(i)(V) from the requirements of this title with BAI20215 S.L.C. 352 1 respect to certain categories of Executive Branch employ2 ees.’’. 3 4 SEC. 3605. PAID LEAVE FOR REHIRED EMPLOYEES. Section 110(a)(1)(A) of the Family and Medical 5 Leave Act of 1993, as added by section 3102 of the Emer6 gency Family and Medical Leave Expansion Act, is 7 amended to read as follows: 8 ‘‘(A) ELIGIBLE 9 ‘‘(i) IN EMPLOYEE.— GENERAL.—In lieu of the defi- 10 nition 11 101(2)(B)(ii), the term ‘eligible employee’ 12 means an employee who has been employed 13 for at least 30 calendar days by the em- 14 ployer with respect to whom leave is re- 15 quested under section 102(a)(1)(F). in sections 101(2)(A) and 16 ‘‘(ii) RULE REGARDING REHIRED EM- 17 PLOYEES.—For purposes of clause (i), the 18 term ‘employed for at least 30 calendar 19 days’, used with respect to an employee 20 and an employer described in clause (i), in- 21 cludes an employee who was laid off by 22 that employer not earlier than March 1, 23 2020, had worked for the employer for not 24 less than 30 of the last 60 calendar days BAI20215 S.L.C. 353 1 prior to the employee’s layoff, and was re- 2 hired by the employer.’’. 3 4 SEC. 3606. ADVANCE REFUNDING OF CREDITS. (a) PAYROLL CREDIT FOR REQUIRED PAID SICK 5 LEAVE.—Section 7001 of division G of the Families First 6 Coronavirus Response Act is amended— 7 (1) in subsection (b)(4)(A)— 8 (A) by striking ‘‘(A) In general.—If the 9 amount’’ and inserting ‘‘(A)(i) Credit is refund- 10 11 12 able.—If the amount’’; and (B) by adding at the end the following: ‘‘(ii) ADVANCING CREDIT.—In antici- 13 pation of the credit, including the refund- 14 able portion under clause (i), the credit 15 may be advanced, according to forms and 16 instructions provided by the Secretary, up 17 to an amount calculated under subsection 18 (a), subject to the limits under subsection 19 (b), both calculated through the end of the 20 most recent payroll period in the quarter.’’; 21 22 23 24 25 (2) in subsection (f)— (A) in paragraph (4), by striking ‘‘, and’’ and inserting a comma; (B) in paragraph (5), by striking the period at the end and inserting ‘‘, and’’; and BAI20215 S.L.C. 354 1 (C) by adding at the end the following: 2 ‘‘(6) regulations or other guidance to permit the 3 advancement of the credit determined under sub- 4 section (a).’’; and 5 (3) by inserting after subsection (h) the fol- 6 lowing new subsection: 7 ‘‘(i) TREATMENT OF DEPOSITS.—The Secretary of 8 the Treasury (or the Secretary’s delegate) shall waive any 9 penalty under section 6656 of the Internal Revenue Code 10 of 1986 for any failure to make a deposit of the tax im11 posed by section 3111(a) or 3221(a) of such Code if the 12 Secretary determines that such failure was due to the an13 ticipation of the credit allowed under this section.’’. 14 (b) PAYROLL CREDIT FOR REQUIRED PAID FAMILY 15 LEAVE.—Section 7003 of division G of the Families First 16 Coronavirus Response Act is amended— 17 (1) in subsection (b)(3)— 18 (A) by striking ‘‘If the amount’’ and in- 19 serting ‘‘(A) Credit is refundable.—If the 20 amount’’; and 21 (B) by adding at the end the following: 22 ‘‘(B) ADVANCING CREDIT.—In anticipation 23 of the credit, including the refundable portion 24 under subparagraph (A), the credit may be ad- 25 vanced, according to forms and instructions BAI20215 S.L.C. 355 1 provided by the Secretary, up to an amount cal- 2 culated under subsection (a), subject to the lim- 3 its 4 through the end of the most recent payroll pe- 5 riod in the quarter.’’; 6 (2) in subsection (f)— 7 8 subsection (b), both calculated (A) in paragraph (4), by striking ‘‘, and’’ and inserting a comma; 9 10 under (B) in paragraph (5), by striking the period at the end and inserting ‘‘, and’’; and 11 (C) by adding at the end the following: 12 ‘‘(6) regulations or other guidance to permit the 13 advancement of the credit determined under sub- 14 section (a).’’; and 15 (c) by inserting after subsection (h) the following new 16 subsection: 17 ‘‘(i) TREATMENT OF DEPOSITS.—The Secretary of 18 the Treasury (or the Secretary’s delegate) shall waive any 19 penalty under section 6656 of the Internal Revenue Code 20 of 1986 for any failure to make a deposit of the tax im21 posed by section 3111(a) or 3221(a) of such Code if the 22 Secretary determines that such failure was due to the an23 ticipation of the credit allowed under this section.’’. BAI20215 S.L.C. 356 1 2 3 SEC. 3607. EXPANSION OF DOL AUTHORITY TO POSTPONE CERTAIN DEADLINES. Section 518 of the Employee Retirement Income Se- 4 curity Act of 1974 (29 U.S.C. 1148) is amended by strik5 ing ‘‘or a terroristic or military action (as defined in sec6 tion 692(c)(2) of such Code), the Secretary may’’ and in7 serting ‘‘a terroristic or military action (as defined in sec8 tion 692(c)(2) of such Code), or a public health emergency 9 declared by the Secretary of Health and Human Services 10 pursuant to section 319 of the Public Health Service Act, 11 the Secretary may’’. 12 13 SEC. 3608. SINGLE-EMPLOYER PLAN FUNDING RULES. (a) DELAY IN PAYMENT OF MINIMUM REQUIRED 14 CONTRIBUTIONS.—In the case of any minimum required 15 contribution (as determined under section 430(a) of the 16 Internal Revenue Code of 1986 and section 303(a) of the 17 Employee Retirement Income Security Act of 1974 (29 18 U.S.C. 1083(a))) which (but for this section) would other19 wise be due under section 430(j) of such Code (including 20 quarterly contributions under paragraph (3) thereof) and 21 section 303(j) of such Act (29 U.S.C. 1083(j)) (including 22 quarterly contributions under paragraph (3) thereof) dur23 ing calendar year 2020— 24 25 (1) the due date for such contributions shall be January 1, 2021, and BAI20215 S.L.C. 357 1 (2) the amount of each such minimum required 2 contribution shall be increased by interest accruing 3 for the period between the original due date (without 4 regard to this section) for the contribution and the 5 payment date, at the effective rate of interest for the 6 plan for the plan year which includes such payment 7 date. 8 (b) BENEFIT RESTRICTION STATUS.—For purposes 9 of section 436 of the Internal Revenue Code of 1986 and 10 section 206(g) of the Employee Retirement Income Secu11 rity Act of 1974 (29 U.S.C. 1056(g)), a plan sponsor may 12 elect to treat the plan’s adjusted funding target attain13 ment percentage for the last plan year ending before Janu14 ary 1, 2020, as the adjusted funding target attainment 15 percentage for plan years which include calendar year 16 2020. 17 SEC. 3609. APPLICATION OF COOPERATIVE AND SMALL EM- 18 PLOYER CHARITY PENSION PLAN RULES TO 19 CERTAIN CHARITABLE EMPLOYERS WHOSE 20 PRIMARY EXEMPT PURPOSE IS PROVIDING 21 SERVICES WITH RESPECT TO MOTHERS AND 22 CHILDREN. 23 24 (a) EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—Section 210(f)(1) of the Employee Retirement BAI20215 S.L.C. 358 1 Income Security Act of 1974 (29 U.S.C. 1060(f)(1)) is 2 amended— 3 4 (1) by striking ‘‘or’’ at the end of subparagraph (B); 5 6 (2) by striking the period at the end of subparagraph (C)(iv) and inserting ‘‘; or’’; and 7 8 (3) by inserting after subparagraph (C) the following new subparagraph: 9 ‘‘(D) that, as of January 1, 2000, was 10 maintained by an employer— 11 ‘‘(i) described in section 501(c)(3) of 12 the Internal Revenue Code of 1986, 13 ‘‘(ii) who has been in existence since 14 at least 1938, 15 ‘‘(iii) who conducts medical research 16 directly or indirectly through grant mak- 17 ing, and 18 ‘‘(iv) whose primary exempt purpose 19 is to provide services with respect to moth- 20 ers and children.’’. 21 (b) INTERNAL REVENUE CODE OF 1986.—Section 22 414(y)(1) of the Internal Revenue Code of 1986 is amend23 ed— 24 25 (1) by striking ‘‘or’’ at the end of subparagraph (B); BAI20215 S.L.C. 359 1 2 3 4 5 6 (2) by striking the period at the end of subparagraph (C)(iv) and inserting ‘‘; or’’; and (3) by inserting after subparagraph (C) the following new subparagraph: ‘‘(D) that, as of January 1, 2000, was maintained by an employer— 7 ‘‘(i) described in section 501(c)(3), 8 ‘‘(ii) who has been in existence since 9 at least 1938, 10 ‘‘(iii) who conducts medical research 11 directly or indirectly through grant mak- 12 ing, and 13 ‘‘(iv) whose primary exempt purpose 14 is to provide services with respect to moth- 15 ers and children.’’. 16 (c) EFFECTIVE DATE.—The amendments made by 17 this section shall apply to plan years beginning after De18 cember 31, 2018. 19 20 SEC. 3610. FEDERAL CONTRACTOR AUTHORITY. Notwithstanding any other provision of law, and sub- 21 ject to the availability of appropriations, funds made avail22 able to an agency by this Act or any other Act may be 23 used by such agency to modify the terms and conditions 24 of a contract, or other agreement, without consideration, 25 to reimburse at the minimum applicable contract billing BAI20215 S.L.C. 360 1 rates not to exceed an average of 40 hours per week any 2 paid leave, including sick leave, a contractor provides to 3 keep its employees or subcontractors in a ready state, in4 cluding to protect the life and safety of Government and 5 contractor personnel, but in no event beyond September 6 30, 2020. Such authority shall apply only to a contractor 7 whose employees or subcontractors cannot perform work 8 on a site that has been approved by the Federal Govern9 ment, including a federally-owned or leased facility or site, 10 due to facility closures or other restrictions, and who can11 not telework because their job duties cannot be performed 12 remotely during the public health emergency declared on 13 January 31, 2020 for COVID–19: Provided, That the 14 maximum reimbursement authorized by this section shall 15 be reduced by the amount of credit a contractor is allowed 16 pursuant to division G of Public Law 116–127 and any 17 applicable credits a contractor is allowed under this Act. 18 SEC. 3611. TECHNICAL CORRECTIONS. 19 (1) Section 110(a)(3) of the Family and Med- 20 ical Leave Act of 1993 (as added by the Emergency 21 and Medical Leave Expansion Act) is amended by 22 striking ‘‘553(d)(A)’’ and inserting ‘‘553(d)(3)’’. 23 (2) Section 5111 of the Emergency Paid Sick 24 Leave Act (division E of the Families First BAI20215 S.L.C. 361 1 Coronavirus Response Act) is amended by striking 2 ‘‘553(d)(A)’’ and inserting ‘‘553(d)(3)’’. 3 (3) Section 110(c) of the Family and Medical 4 Leave Act of 1993 (as added by the Emergency and 5 Medical Leave Expansion Act) is amended by strik- 6 ing ‘‘subsection (a)(2)(A)(iii)’’ and inserting ‘‘sub- 7 section (a)(2)(A)’’. 8 (4) Section 3104 of the Emergency Family and 9 Medical Leave Expansion Act (division C of the 10 Families First Coronavirus Response Act) is amend- 11 ed— 12 (A) by striking ‘‘110(a)(B)’’ and inserting 13 ‘‘section 110(a)(1)(B) of the Family and Med- 14 ical Leave Act of 1993’’; and 15 (B) by striking ‘‘section 107(a) for a viola- 16 tion of section 102(a)(1)(F) if the employer 17 does not meet the definition of employer set 18 forth in Section 101(4)(A)(i)’’ and inserting 19 ‘‘section 107(a) of such Act for a violation of 20 section 102(a)(1)(F) of such Act if the em- 21 ployer does not meet the definition of employer 22 set forth in section 101(4)(A)(i) of such Act’’. 23 (5) Section 5110(1) of the Emergency Paid 24 Sick Leave Act (division E of the Families First 25 Coronavirus Response Act) is amended— BAI20215 S.L.C. 362 1 (A) in the matter preceding subparagraph 2 (A), by striking ‘‘terms’’ and inserting ‘‘term’’; 3 and 4 (B) in subparagraph (A)(i), by striking 5 ‘‘paragraph (5)(A)’’ and inserting ‘‘paragraph 6 (2)(A)’’. 7 (6) Section 5110(2)(B)(ii) of the Emergency 8 Paid Sick Leave Act (division E of the Families 9 First Coronavirus Response Act) is amended by 10 striking ‘‘clause (i)(IV)’’ and inserting ‘‘clause 11 (i)(III)’’. 12 (7) Section 110(a)(3) of the Family and Med- 13 ical Leave Act of 1993 (as added by the Emergency 14 and Medical Leave Expansion Act) is amended— 15 16 17 18 (A) by striking ‘‘and’’ after the semicolon at the end of subparagraph (A); (B) by striking the period at end of subparagraph (B) and inserting ‘‘; and’’; and 19 (C) by adding at the end the following: 20 ‘‘(C) as necessary to carry out the pur- 21 poses of this Act, including to ensure consist- 22 ency between this Act and Division E and Divi- 23 sion G of the Families First Coronavirus Re- 24 sponse Act.’’. BAI20215 S.L.C. 363 1 (8) Section 5104(1) of the Emergency Paid 2 Sick Leave Act (division E of the Families First 3 Coronavirus Response Act) is amended by striking 4 ‘‘and’’ after the semicolon and inserting ‘‘or’’. 5 (9) Section 5105 of the Emergency Paid Sick 6 Leave Act (division E of the Families First 7 Coronavirus Response Act) is amended by adding at 8 the end the following: 9 ‘‘(c) INVESTIGATIONS AND COLLECTION OF DATA.— 10 The Secretary of Labor or his designee may investigate 11 and gather data to ensure compliance with this Act in the 12 same manner as authorized by sections 9 and 11 of the 13 Fair Labor Standards Act of 1938 (29 U.S.C. 209; 14 211).’’. 15 16 17 Subtitle D—Finance Committee SEC. 3701. EXEMPTION FOR TELEHEALTH SERVICES. (a) IN GENERAL.—Paragraph (2) of section 223(c) 18 of the Internal Revenue Code of 1986 is amended by add19 ing at the end the following new subparagraph: 20 ‘‘(E) SAFE HARBOR FOR ABSENCE OF DE- 21 DUCTIBLE FOR TELEHEALTH.—In 22 plan years beginning on or before December 31, 23 2021, a plan shall not fail to be treated as a 24 high deductible health plan by reason of failing the case of BAI20215 S.L.C. 364 1 to have a deductible for telehealth and other re- 2 mote care services.’’. 3 (b) CERTAIN COVERAGE DISREGARDED.—Clause (ii) 4 of section 223(c)(1)(B) of the Internal Revenue Code of 5 1986 is amended by striking ‘‘or long-term care’’ and in6 serting ‘‘long-term care, or (in the case of plan years be7 ginning on or before December 31, 2021) telehealth and 8 other remote care’’. 9 (c) EFFECTIVE DATE.—The amendments made by 10 this section shall take effect on the date of the enactment 11 of this Act. 12 SEC. 3702. INCLUSION OF CERTAIN OVER-THE-COUNTER 13 MEDICAL PRODUCTS AS QUALIFIED MEDICAL 14 EXPENSES. 15 (a) HSAS.—Section 223(d)(2) of the Internal Rev- 16 enue Code of 1986 is amended— 17 (1) by striking the last sentence of subpara- 18 graph (A) and inserting the following: ‘‘For pur- 19 poses of this subparagraph, amounts paid for men- 20 strual care products shall be treated as paid for 21 medical care.’’; and 22 23 24 25 (2) by adding at the end the following new subparagraph: ‘‘(D) MENSTRUAL CARE PRODUCT.—For purposes of this paragraph, the term ‘menstrual BAI20215 S.L.C. 365 1 care product’ means a tampon, pad, liner, cup, 2 sponge, or similar product used by individuals 3 with respect to menstruation or other genital- 4 tract secretions.’’. 5 (b) ARCHER MSAS.—Section 220(d)(2)(A) of such 6 Code is amended by striking the last sentence and insert7 ing the following: ‘‘For purposes of this subparagraph, 8 amounts paid for menstrual care products (as defined in 9 section 223(d)(2)(D)) shall be treated as paid for medical 10 care.’’. 11 12 (c) HEALTH FLEXIBLE SPENDING ARRANGEMENTS AND HEALTH REIMBURSEMENT ARRANGEMENTS.—Sec- 13 tion 106 of such Code is amended by striking subsection 14 (f) and inserting the following new subsection: 15 ‘‘(f) REIMBURSEMENTS FOR MENSTRUAL CARE 16 PRODUCTS.—For purposes of this section and section 17 105, expenses incurred for menstrual care products (as 18 defined in section 223(d)(2)(D)) shall be treated as in19 curred for medical care.’’. 20 21 (d) EFFECTIVE DATES.— (1) DISTRIBUTIONS FROM SAVINGS AC- 22 COUNTS.—The 23 and (b) shall apply to amounts paid after December 24 31, 2019. amendment made by subsections (a) BAI20215 S.L.C. 366 1 (2) REIMBURSEMENTS.—The amendment made 2 by subsection (c) shall apply to expenses incurred 3 after December 31, 2019. 4 5 6 SEC. 3703. INCREASING MEDICARE TELEHEALTH FLEXIBILITIES DURING EMERGENCY PERIOD. Section 1135 of the Social Security Act (42 U.S.C. 7 1320b–5) is amended— 8 (1) in subsection (b)(8), by striking ‘‘to an indi- 9 vidual by a qualified provider (as defined in sub- 10 section (g)(3))’’ and all that follows through the pe- 11 riod and inserting ‘‘, the requirements of section 12 1834(m).’’; and 13 (2) in subsection (g), by striking paragraph (3). 14 SEC. 3704. ENHANCING MEDICARE TELEHEALTH SERVICES 15 FOR FEDERALLY QUALIFIED HEALTH CEN- 16 TERS AND RURAL HEALTH CLINICS DURING 17 EMERGENCY PERIOD. 18 Section 1834(m) of the Social Security Act (42 19 U.S.C. 1395m(m)) is amended— 20 (1) in the first sentence of paragraph (1), by 21 striking ‘‘The Secretary’’ and inserting ‘‘Subject to 22 paragraph (8), the Secretary’’; 23 (2) in paragraph (2)(A), by striking ‘‘The Sec- 24 retary’’ and inserting ‘‘Subject to paragraph (8), the 25 Secretary’’; BAI20215 S.L.C. 367 1 (3) in paragraph (4)— 2 (A) in subparagraph (A), by striking ‘‘The 3 term’’ and inserting ‘‘Subject to paragraph (8), 4 the term’’; and 5 (B) in subparagraph (F)(i), by striking 6 ‘‘The term’’ and inserting ‘‘Subject to para- 7 graph (8), the term’’; and 8 (4) by adding at the end the following new 9 10 paragraph: ‘‘(8) ENHANCING TELEHEALTH SERVICES FOR 11 FEDERALLY 12 RURAL HEALTH CLINICS DURING EMERGENCY PE- 13 RIOD.— 14 15 QUALIFIED ‘‘(A) IN HEALTH CENTERS GENERAL.—During AND the emergency period described in section 1135(g)(1)(B)— 16 ‘‘(i) the Secretary shall pay for tele- 17 health services that are furnished via a 18 telecommunications system by a Federally 19 qualified health center or a rural health 20 clinic to an eligible telehealth individual en- 21 rolled under this part notwithstanding that 22 the Federally qualified health center or 23 rural clinic providing the telehealth service 24 is not at the same location as the bene- 25 ficiary; BAI20215 S.L.C. 368 1 ‘‘(ii) the amount of payment to a Fed- 2 erally qualified health center or rural 3 health clinic that serves as a distant site 4 for such a telehealth service shall be deter- 5 mined under subparagraph (B); and 6 ‘‘(iii) for purposes of this subsection— 7 ‘‘(I) the term ‘distant site’ in- 8 cludes a Federally qualified health 9 center or rural health clinic that fur- 10 nishes a telehealth service to an eligi- 11 ble telehealth individual; and 12 ‘‘(II) the term ‘telehealth serv- 13 ices’ includes a rural health clinic 14 service or Federally qualified health 15 center service that is furnished using 16 telehealth to the extent that payment 17 codes corresponding to services identi- 18 fied by the Secretary under clause (i) 19 or (ii) of paragraph (4)(F) are listed 20 on the corresponding claim for such 21 rural health clinic service or Federally 22 qualified health center service. 23 24 25 ‘‘(B) SPECIAL ‘‘(i) IN PAYMENT RULE.— GENERAL.—The Secretary shall develop and implement payment BAI20215 S.L.C. 369 1 methods that apply under this subsection 2 to a Federally qualified health center or 3 rural health clinic that serves as a distant 4 site that furnishes a telehealth service to 5 an eligible telehealth individual during 6 such emergency period. Such payment 7 methods shall be based on payment rates 8 that are similar to the national average 9 payment rates for comparable telehealth 10 services under the physician fee schedule 11 under section 1848. Notwithstanding any 12 other provision of law, the Secretary may 13 implement such payment methods through 14 program instruction or otherwise. 15 ‘‘(ii) EXCLUSION FROM FQHC PPS 16 CALCULATION AND 17 TION.—Costs associated with telehealth 18 services shall not be used to determine the 19 amount of payment for Federally qualified 20 health center services under the prospec- 21 tive payment system under section 1834(o) 22 or for rural health clinic services under the 23 methodology for all-inclusive rates (estab- 24 lished by the Secretary) under section 25 1833(a)(3).’’. RHC AIR CALCULA- BAI20215 S.L.C. 370 1 SEC. 3705. TEMPORARY WAIVER OF REQUIREMENT FOR 2 FACE-TO-FACE VISITS BETWEEN HOME DI- 3 ALYSIS PATIENTS AND PHYSICIANS. 4 Section 1881(b)(3)(B) of the Social Security Act (42 5 U.S.C. 1395rr(b)(3)(B)) is amended— 6 7 (1) in clause (i), by striking ‘‘clause (ii)’’ and inserting ‘‘clauses (ii) and (iii)’’; 8 (2) in clause (ii), in the matter preceding sub- 9 clause (I), by striking ‘‘Clause (i)’’ and inserting 10 ‘‘Except as provided in clause (iii), clause (i)’’; and 11 (3) by adding at the end the following new 12 clause: 13 ‘‘(iii) The Secretary may waive the 14 provisions of clause (ii) during the emer- 15 gency 16 1135(g)(1)(B).’’. 17 period described in section SEC. 3706. USE OF TELEHEALTH TO CONDUCT FACE-TO- 18 FACE 19 CATION OF ELIGIBILITY FOR HOSPICE CARE 20 DURING EMERGENCY PERIOD. 21 ENCOUNTER PRIOR TO RECERTIFI- Section 1814(a)(7)(D)(i) of the Social Security Act 22 (42 U.S.C. 1395f(a)(7(D)(i)) is amended— 23 24 25 26 (1) by striking ‘‘a hospice’’ and inserting ‘‘(I) subject to subclause (II), a hospice’’; and (2) by inserting after subclause (I), as added by paragraph (1), the following new subclause: BAI20215 S.L.C. 371 1 ‘‘(II) during the emergency period de- 2 scribed in section 1135(g)(1)(B), a hospice 3 physician or nurse practitioner may con- 4 duct a face-to-face encounter required 5 under this clause via telehealth, as deter- 6 mined appropriate by the Secretary; and’’. 7 SEC. 3707. ENCOURAGING USE OF TELECOMMUNICATIONS 8 SYSTEMS FOR HOME HEALTH SERVICES FUR- 9 NISHED DURING EMERGENCY PERIOD. 10 With respect to home health services (as defined in 11 section 1861(m) of the Social Security Act (42 U.S.C. 12 1395x(m)) that are furnished during the emergency period 13 described in section 1135(g)(1)(B) of such Act (42 U.S.C. 14 1320b–5(g)(1)(B)), the Secretary of Health and Human 15 Services shall consider ways to encourage the use of tele16 communications systems, including for remote patient 17 monitoring as described in section 409.46(e) of title 42, 18 Code of Federal Regulations (or any successor regula19 tions) and other communications or monitoring services, 20 consistent with the plan of care for the individual, includ21 ing by clarifying guidance and conducting outreach, as ap22 propriate. BAI20215 S.L.C. 372 1 2 3 SEC. 3708. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH SERVICES. (a) PART A PROVISIONS.—Section 1814(a) of the So- 4 cial Security Act (42 U.S.C. 1395f(a)) is amended— 5 (1) in paragraph (2)— 6 (A) in the matter preceding subparagraph 7 (A), by inserting ‘‘, a nurse practitioner or clin- 8 ical nurse specialist (as such terms are defined 9 in section 1861(aa)(5)) who is working in ac- 10 cordance with State law, or a physician assist- 11 ant (as defined in section 1861(aa)(5)) under 12 the supervision of a physician, who is’’ after ‘‘in 13 the case of services described in subparagraph 14 (C), a physician’’; and 15 (B) in subparagraph (C)— 16 (i) by inserting ‘‘, a nurse practi- 17 tioner, a clinical nurse specialist, or a phy- 18 sician assistant (as the case may be)’’ after 19 ‘‘physician’’ the first 2 times it appears; 20 and 21 (ii) by striking ‘‘, and, in the case of 22 a certification made by a physician’’ and 23 all that follows through ‘‘face-to-face en- 24 counter’’ and inserting ‘‘, and, in the case 25 of a certification made by a physician after 26 January 1, 2010, or by a nurse practi- BAI20215 S.L.C. 373 1 tioner, clinical nurse specialist, or physi- 2 cian assistant (as the case may be) after a 3 date specified by the Secretary (but in no 4 case later than the date that is 6 months 5 after the date of the enactment of the 6 CARES Act), prior to making such certifi- 7 cation a physician, nurse practitioner, clin- 8 ical nurse specialist, or physician assistant 9 must document that a physician, nurse 10 practitioner, clinical nurse specialist, cer- 11 tified nurse-midwife (as defined in section 12 1861(gg)) as authorized by State law, or 13 physician assistant has had a face-to-face 14 encounter’’; 15 (2) in the third sentence— 16 17 (A) by striking ‘‘physician certification’’ and inserting ‘‘certification’’; 18 (B) by inserting ‘‘(or in the case of regula- 19 tions to implement the amendments made by 20 section 3708 of the CARES Act, the Secretary 21 shall prescribe regulations, which shall become 22 effective no later than 6 months after the date 23 of the enactment of such Act)’’ after ‘‘1981’’; 24 and BAI20215 S.L.C. 374 1 (C) by striking ‘‘a physician who’’ and in- 2 serting ‘‘a physician, nurse practitioner, clinical 3 nurse specialist, or physician assistant who’’; 4 (3) in the fourth sentence, by inserting ‘‘, nurse 5 practitioner, clinical nurse specialist, or physician as- 6 sistant’’ after ‘‘physician’’; and 7 (4) in the fifth sentence— 8 (A) by inserting ‘‘or no later than 6 9 months after the date of the enactment of the 10 CARES Act for purposes of documentation for 11 certification and recertification made under 12 paragraph (2) by a nurse practitioner, clinical 13 nurse specialist, or physician assistant,’’ after 14 ‘‘January 1, 2019’’; and 15 (B) by inserting ‘‘, nurse practitioner, clin- 16 ical nurse specialist, or physician assistant’’ 17 after ‘‘of the physician’’. 18 (b) PART B PROVISIONS.—Section 1835(a) of the So- 19 cial Security Act (42 U.S.C. 1395n(a)) is amended— 20 (1) in paragraph (2)— 21 (A) in the matter preceding subparagraph 22 (A), by inserting ‘‘, a nurse practitioner or clin- 23 ical nurse specialist (as those terms are defined 24 in section 1861(aa)(5)) who is working in ac- 25 cordance with State law, or a physician assist- BAI20215 S.L.C. 375 1 ant (as defined in section 1861(aa)(5)) under 2 the supervision of a physician, who is’’ after ‘‘in 3 the case of services described in subparagraph 4 (A), a physician’’; and 5 (B) in subparagraph (A)— 6 (i) in each of clauses (ii) and (iii) of 7 subparagraph (A) by inserting ‘‘, a nurse 8 practitioner, a clinical nurse specialist, or a 9 physician assistant (as the case may be)’’ 10 after ‘‘physician’’; and 11 (ii) in clause (iv), by striking ‘‘after 12 January 1, 2010’’ and all that follows 13 through ‘‘face-to-face encounter’’ and in- 14 serting ‘‘made by a physician after Janu- 15 ary 1, 2010, or by a nurse practitioner, 16 clinical nurse specialist, or physician as- 17 sistant (as the case may be) after a date 18 specified by the Secretary (but in no case 19 later than the date that is 6 months after 20 the date of the enactment of the CARES 21 Act), prior to making such certification a 22 physician, nurse practitioner, clinical nurse 23 specialist, or physician assistant must doc- 24 ument that a physician, nurse practitioner, 25 clinical nurse specialist, certified nurse- BAI20215 S.L.C. 376 1 midwife (as defined in section 1861(gg)) as 2 authorized by State law, or physician as- 3 sistant has had a face-to-face encounter’’; 4 (2) in the third sentence, by inserting ‘‘, nurse 5 practitioner, clinical nurse specialist, or physician as- 6 sistant (as the case may be)’’ after physician; 7 8 9 (3) in the fourth sentence— (A) by striking ‘‘physician certification’’ and inserting ‘‘certification’’; 10 (B) by inserting ‘‘(or in the case of regula- 11 tions to implement the amendments made by 12 section 3708 of the CARES Act the Secretary 13 shall prescribe regulations which shall become 14 effective no later than 6 months after the enact- 15 ment of such Act)’’ after ‘‘1981’’; and 16 (C) by striking ‘‘a physician who’’ and in- 17 serting ‘‘a physician, nurse practitioner, clinical 18 nurse specialist, or physician assistant who’’; 19 (4) in the fifth sentence, by inserting ‘‘, nurse 20 practitioner, clinical nurse specialist, or physician as- 21 sistant’’ after ‘‘physician’’; and 22 (5) in the sixth sentence— 23 (A) by inserting ‘‘or no later than 6 24 months after the date of the enactment of the 25 CARES Act for purposes of documentation for BAI20215 S.L.C. 377 1 certification and recertification made under 2 paragraph (2) by a nurse practitioner, clinical 3 nurse specialist, or physician assistant,’’ after 4 ‘‘January 1, 2019’’; and 5 (B) by inserting ‘‘, nurse practitioner, clin- 6 ical nurse specialist, or physician assistant’’ 7 after ‘‘of the physician’’. 8 9 (c) DEFINITION PROVISIONS.— (1) HOME HEALTH SERVICES.—Section 10 1861(m) of the Social Security Act (42 U.S.C. 11 1395x(m)) is amended— 12 13 (A) in the matter preceding paragraph (1)— 14 (i) by inserting ‘‘, a nurse practitioner 15 or a clinical nurse specialist (as those 16 terms are defined in subsection (aa)(5)), or 17 a physician assistant (as defined in sub- 18 section (aa)(5))’’ after ‘‘physician’’ the 19 first place it appears; and 20 (ii) by inserting ‘‘, a nurse practi- 21 tioner, a clinical nurse specialist, or a phy- 22 sician assistant’’ after ‘‘physician’’ the sec- 23 ond place it appears; and BAI20215 S.L.C. 378 1 (B) in paragraph (3), by inserting ‘‘, a 2 nurse practitioner, a clinical nurse specialist, or 3 a physician assistant’’ after ‘‘physician’’. 4 (2) HOME HEALTH AGENCY.—Section 5 1861(o)(2) of the Social Security Act (42 U.S.C. 6 1395x(o)(2)) is amended— 7 (A) by inserting ‘‘, nurse practitioners or 8 clinical nurse specialists (as those terms are de- 9 fined in subsection (aa)(5)), certified nurse-mid- 10 wives (as defined in subsection (gg)), or physi- 11 cian 12 (aa)(5))’’ after ‘‘physicians’’; and assistants (as defined in subsection 13 (B) by inserting ‘‘, nurse practitioner, clin- 14 ical nurse specialist, certified nurse-midwife, 15 physician assistant,’’ after ‘‘physician’’. 16 (3) COVERED OSTEOPOROSIS DRUG.—Section 17 1861(kk)(1) of the Social Security Act (42 U.S.C. 18 1395x(kk)(1)) is amended by inserting ‘‘, nurse 19 practitioner or clinical nurse specialist (as those 20 terms are defined in subsection (aa)(5)), certified 21 nurse-midwife (as defined in subsection (gg)), or 22 physician 23 (aa)(5))’’ after ‘‘attending physician’’. assistant (as defined in subsection BAI20215 S.L.C. 379 1 (d) HOME HEALTH PROSPECTIVE PAYMENT SYSTEM 2 PROVISIONS.—Section 1895 of the Social Security Act (42 3 U.S.C. 1395fff) is amended— 4 5 6 (1) in subsection (c)(1)— (A) by striking ‘‘(provided under section 1842(r))’’; and 7 (B) by inserting ‘‘the nurse practitioner or 8 clinical nurse specialist (as those terms are de- 9 fined in section 1861(aa)(5)), or the physician 10 assistant (as defined in section 1861(aa)(5))’’ 11 after ‘‘physician’’; and 12 (2) in subsection (e)— 13 (A) in paragraph (1)(A), by inserting ‘‘a 14 nurse practitioner or clinical nurse specialist, or 15 a physician assistant’’ after ‘‘physician’’; and 16 17 (B) in paragraph (2)— (i) in the heading, by striking ‘‘PHY- 18 SICIAN 19 ‘‘RULE 20 QUIREMENT FOR CERTIFICATION’’; 21 22 CERTIFICATION’’ and inserting OF CONSTRUCTION REGARDING RE- and (ii) by striking ‘‘physician’’. (e) APPLICATION TO MEDICAID.—The amendments 23 made under this section shall apply under title XIX of the 24 Social Security Act in the same manner and to the same BAI20215 S.L.C. 380 1 extent as such requirements apply under title XVIII of 2 such Act or regulations promulgated thereunder. 3 (f) EFFECTIVE DATE.—The Secretary of Health and 4 Human Services shall prescribe regulations to apply the 5 amendments made by this section to items and services 6 furnished, which shall become effective no later than 6 7 months after the date of the enactment of this legislation. 8 The Secretary shall promulgate an interim final rule if 9 necessary, to comply with the required effective date. 10 11 12 SEC. 3709. ADJUSTMENT OF SEQUESTRATION. (a) TEMPORARY SUSPENSION QUESTRATION.—During OF MEDICARE SE- the period beginning on May 1, 13 2020 and ending on December 31, 2020, the Medicare 14 programs under title XVIII of the Social Security Act (42 15 U.S.C. 1395 et seq.) shall be exempt from reduction under 16 any sequestration order issued before, on, or after the date 17 of enactment of this Act. 18 (b) EXTENSION OF DIRECT SPENDING REDUCTIONS 19 THROUGH FISCAL YEAR 2030.—Section 251A(6) of the 20 Balanced Budget and Emergency Deficit Control Act of 21 1985 (2 U.S.C. 901a(6)) is amended— 22 (1) in subparagraph (B), in the matter pre- 23 ceding clause (i), by striking ‘‘through 2029’’ and 24 inserting ‘‘through 2030’’; and BAI20215 S.L.C. 381 1 (2) in subparagraph (C), in the matter pre- 2 ceding clause (i), by striking ‘‘fiscal year 2029’’ and 3 inserting ‘‘fiscal year 2030’’. 4 SEC. 3710. MEDICARE HOSPITAL INPATIENT PROSPECTIVE 5 PAYMENT SYSTEM ADD-ON PAYMENT FOR 6 COVID–19 PATIENTS DURING EMERGENCY PE- 7 RIOD. 8 (a) IN GENERAL.—Section 1886(d)(4)(C) of the So- 9 cial Security Act (42 U.S.C. 1395ww(d)(4)(C)) is amend10 ed by adding at the end the following new clause: 11 ‘‘(iv)(I) For discharges occurring during the emer- 12 gency period described in section 1135(g)(1)(B), in the 13 case of a discharge of an individual diagnosed with 14 COVID–19, the Secretary shall increase the weighting fac15 tor that would otherwise apply to the diagnosis-related 16 group to which the discharge is assigned by 20 percent. 17 The Secretary shall identify a discharge of such an indi18 vidual through the use of diagnosis codes, condition codes, 19 or other such means as may be necessary. 20 ‘‘(II) Any adjustment under subclause (I) shall not 21 be taken into account in applying budget neutrality under 22 clause (iii) 23 ‘‘(III) In the case of a State for which the Secretary 24 has waived all or part of this section under the authority 25 of section 1115A, nothing in this section shall preclude BAI20215 S.L.C. 382 1 such State from implementing an adjustment similar to 2 the adjustment under subclause (I).’’. 3 (b) IMPLEMENTATION.—Notwithstanding any other 4 provision of law, the Secretary may implement the amend5 ment made by subsection (a) by program instruction or 6 otherwise. 7 SEC. 3711. INCREASING ACCESS TO POST-ACUTE CARE DUR- 8 ING EMERGENCY PERIOD. 9 (a) WAIVER OF IRF 3-HOUR RULE.—With respect 10 to inpatient rehabilitation services furnished by a rehabili11 tation facility described in section 1886(j)(1) of the Social 12 Security Act (42 U.S.C. 1395ww(j)(1)) during the emer13 gency period described in section 1135(g)(1)(B) of the So14 cial Security Act (42 U.S.C. 1320b–5(g)(1)(B)), the Sec15 retary of Health and Human Services shall waive section 16 412.622(a)(3)(ii) of title 42, Code of Federal Regulations 17 (or any successor regulations), relating to the requirement 18 that patients of an inpatient rehabilitation facility receive 19 at least 15 hours of therapy per week. 20 21 (b) WAIVER OF SITE-NEUTRAL PAYMENT RATE PROVISIONS FOR LONG-TERM CARE HOSPITALS.—With re- 22 spect to inpatient hospital services furnished by a long23 term care hospital described in section 1886(d)(1)(B)(iv) 24 of the Social Security Act (42 U.S.C. 25 1395ww(d)(1)(B)(iv)) during the emergency period de- BAI20215 S.L.C. 383 1 scribed in section 1135(g)(1)(B) of the Social Security Act 2 (42 U.S.C. 1320b–5(g)(1)(B)), the Secretary of Health 3 and Human Services shall waive the following provisions 4 of section 1886(m)(6) of such Act (42 U.S.C. 5 1395ww(m)(6)): 6 (1) LTCH 50-PERCENT RULE.—Subparagraph 7 (C)(ii) of such section, relating to the payment ad- 8 justment for long-term care hospitals that do not 9 have a discharge payment percentage for the period 10 11 that is at least 50 percent. (2) SITE-NEUTRAL IPPS PAYMENT RATE.—Sub- 12 paragraph (A)(i) of such section, relating to the ap- 13 plication of the site-neutral payment rate (and pay- 14 ment shall be made to a long-term care hospital 15 without regard to such section) for a discharge if the 16 admission occurs during such emergency period and 17 is in response to the public health emergency de- 18 scribed in such section 1135(g)(1)(B). 19 SEC. 3712. REVISING PAYMENT RATES FOR DURABLE MED- 20 ICAL EQUIPMENT UNDER THE MEDICARE 21 PROGRAM THROUGH DURATION OF EMER- 22 GENCY PERIOD. 23 (a) RURAL AND NONCONTIGUOUS AREAS.—The Sec- 24 retary of Health and Human Services shall implement sec25 tion 414.210(g)(9)(iii) of title 42, Code of Federal Regula- BAI20215 S.L.C. 384 1 tions (or any successor regulation), to apply the transition 2 rule described in such section to all applicable items and 3 services furnished in rural areas and noncontiguous areas 4 (as such terms are defined for purposes of such section) 5 as planned through December 31, 2020, and through the 6 duration of the emergency period described in section 7 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 8 1320b–5(g)(1)(B)), if longer. 9 10 (b) AREAS OTHER THAN RURAL UOUS AND NONCONTIG- AREAS.—With respect to items and services fur- 11 nished on or after the date that is 30 days after the date 12 of the enactment of this Act, the Secretary of Health and 13 Human Services shall apply section 414.210(g)(9)(iv) of 14 title 42, Code of Federal Regulations (or any successor 15 regulation), as if the reference to ‘‘dates of service from 16 June 1, 2018 through December 31, 2020, based on the 17 fee schedule amount for the area is equal to 100 percent 18 of the adjusted payment amount established under this 19 section’’ were instead a reference to ‘‘dates of service from 20 March 6, 2020, through the remainder of the duration of 21 the emergency period described in section 1135(g)(1)(B) 22 of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)), 23 based on the fee schedule amount for the area is equal 24 to 75 percent of the adjusted payment amount established BAI20215 S.L.C. 385 1 under this section and 25 percent of the unadjusted fee 2 schedule amount’’. 3 SEC. 3713. COVERAGE OF THE COVID-19 VACCINE UNDER 4 PART B OF THE MEDICARE PROGRAM WITH- 5 OUT ANY COST-SHARING. 6 (a) MEDICAL AND OTHER HEALTH SERVICES.—Sec- 7 tion 1861(s)(10)(A) of the Social Security Act (42 U.S.C. 8 1395x(s)(10)(A)) is amended by inserting ‘‘, and COVID9 19 vaccine and its administration’’ after ‘‘influenza vac10 cine and its administration’’. 11 (b) PART B DEDUCTIBLE.—The first sentence of sec- 12 tion 1833(b) of the Social Security Act (42 U.S.C. 13 1395l(b)) is amended— 14 15 (1) in paragraph (10), by striking ‘‘and’’ at the end; and 16 (2) in paragraph (11), by striking the period at 17 the end and inserting ‘‘, and (12) such deductible 18 shall not apply with respect a COVID-19 vaccine 19 and 20 1861(s)(10)(A).’’. 21 (c) MEDICARE ADVANTAGE.—Section 1852(a)(1)(B) its administration described in section 22 of the Social Security Act (42 U.S.C. 1395w–22(a)(1)(B)) 23 is amended— 24 (1) in clause (iv)— BAI20215 S.L.C. 386 1 2 (A) by redesignating subclause (VI) as subclause (VII); and 3 4 (B) by inserting after subclause (V) the following new subclause: 5 ‘‘(VI) A COVID-19 vaccine and 6 its administration described in section 7 1861(s)(10)(A).’’; and 8 (2) in clause (v), by striking ‘‘subclauses (IV) 9 and (V)’’ inserting ‘‘subclauses (IV), (V), and (VI)’’. 10 (d) EFFECTIVE DATE.—The amendments made by 11 this section shall take effect on the date of enactment of 12 this Act and shall apply with respect to a COVID-19 vac13 cine beginning on the date that such vaccine is licensed 14 under section 351 of the Public Health Service Act (42 15 U.S.C. 262). 16 (e) IMPLEMENTATION.—Notwithstanding any other 17 provision of law, the Secretary may implement the provi18 sions of, and the amendments made by, this section by 19 program instruction or otherwise. BAI20215 S.L.C. 387 1 SEC. 3714. REQUIRING MEDICARE PRESCRIPTION DRUG 2 PLANS AND MA–PD PLANS TO ALLOW DURING 3 THE 4 FILLS AND REFILLS OF COVERED PART D 5 DRUGS FOR UP TO A 3-MONTH SUPPLY. 6 COVID-19 EMERGENCY PERIOD FOR (a) IN GENERAL.—Section 1860D–4(b) of the Social 7 Security Act (42 U.S.C. 1395w–104(b)) is amended by 8 adding at the end the following new paragraph: 9 10 11 ‘‘(4) ENSURING ACCESS DURING COVID-19 PUB- LIC HEALTH EMERGENCY PERIOD.— ‘‘(A) IN GENERAL.—During the emergency 12 period described in section 1135(g)(1)(B), sub- 13 ject to subparagraph (B), a prescription drug 14 plan or MA–PD plan shall, notwithstanding any 15 cost and utilization management, medication 16 therapy management, or other such programs 17 under this part, permit a part D eligible indi- 18 vidual enrolled in such plan to obtain in a sin- 19 gle fill or refill, at the option of such individual, 20 the total day supply (not to exceed a 90-day 21 supply) prescribed for such individual for a cov- 22 ered part D drug. 23 ‘‘(B) SAFETY EDIT EXCEPTION.—A pre- 24 scription drug plan or MA–PD plan may not 25 permit a part D eligible individual to obtain a BAI20215 S.L.C. 388 1 single fill or refill inconsistent with an applica- 2 ble safety edit.’’. 3 (b) IMPLEMENTATION.—Notwithstanding any other 4 provision of law, the Secretary of Health and Human 5 Services may implement the amendment made by this sec6 tion by program instruction or otherwise. 7 SEC. 3715. PROVIDING HOME AND COMMUNITY-BASED 8 9 SERVICES IN ACUTE CARE HOSPITALS. Section 1902(h) of the Social Security Act (42 U.S.C. 10 1396a(h)) is amended— 11 (1) by inserting ‘‘(1)’’ after ‘‘(h)’’; 12 (2) by inserting ‘‘, home and community-based 13 services provided under subsection (c), (d), or (i) of 14 section 1915 or under a waiver or demonstration 15 project under section 1115, self-directed personal as- 16 sistance services provided pursuant to a written plan 17 of care under section 1915(j), and home and com- 18 munity-based attendant services and supports under 19 section 1915(k)’’ before the period; and 20 21 (3) by adding at the end the following: ‘‘(2) Nothing in this title, title XVIII, or title XI shall 22 be construed as prohibiting receipt of any care or services 23 specified in paragraph (1) in an acute care hospital that 24 are— BAI20215 S.L.C. 389 1 ‘‘(A) identified in an individual’s person-cen- 2 tered service plan (or comparable plan of care); 3 ‘‘(B) provided to meet needs of the individual 4 that are not met through the provision of hospital 5 services; 6 ‘‘(C) not a substitute for services that the hos- 7 pital is obligated to provide through its conditions of 8 participation or under Federal or State law, or 9 under another applicable requirement; and 10 ‘‘(D) designed to ensure smooth transitions be- 11 tween acute care settings and home and community- 12 based settings, and to preserve the individual’s func- 13 tional abilities.’’. 14 SEC. 3716. CLARIFICATION REGARDING UNINSURED INDI- 15 16 VIDUALS. Subsection (ss) of section 1902 of the Social Security 17 Act (42 U.S.C. 1396a), as added by section 6004(a)(3)(C) 18 of the Families First Coronavirus Response Act, is amend19 ed— 20 (1) in paragraph (1), by inserting ‘‘(excluding 21 subclause (VIII) of such subsection if the individual 22 is a resident of a State which does not furnish med- 23 ical assistance to individuals described in such sub- 24 clause)’’ before the semicolon; and BAI20215 S.L.C. 390 1 (2) in paragraph (2), by inserting ‘‘, except that 2 individuals who are eligible for medical assistance 3 under 4 (a)(10)(A)(ii)(XVIII), 5 (a)(10)(A)(ii)(XXI), or subsection (a)(10)(C) (but 6 only to the extent such an individual is considered 7 to not have minimum essential coverage under sec- 8 tion 5000A(f)(1) of the Internal Revenue Code of 9 1986), or who are described in subsection (l)(1)(A) 10 and are eligible for medical assistance only because 11 of subsection (a)(10)(A)(i)(IV) or (a)(10)(A)(ii)(IX) 12 and whose eligibility for such assistance is limited by 13 the State under clause (VII) in the matter following 14 subsection (a)(10)(G), shall not be treated as en- 15 rolled in a Federal health care program for purposes 16 of this paragraph’’ before the period at the end. 17 SEC. 3717. CLARIFICATION REGARDING COVERAGE OF 18 19 subsection (a)(10)(A)(ii)(XII), subsection subsection COVID-19 TESTING PRODUCTS. Subparagraph (B) of section 1905(a)(3) of the Social 20 Security Act (42 U.S.C. 1396d(a)(3)), as added by section 21 6004(a)(1)(C) of the Families First Coronavirus Response 22 Act (Public Law 116–127), is amended by striking ‘‘that 23 are approved, cleared, or authorized under section 510(k), 24 513, 515 or 564 of the Federal Food, Drug, and Cosmetic 25 Act’’. BAI20215 S.L.C. 391 1 SEC. 3718. AMENDMENTS RELATING TO REPORTING RE- 2 QUIREMENTS WITH RESPECT TO CLINICAL 3 DIAGNOSTIC LABORATORY TESTS. 4 (a) REVISED REPORTING PERIOD FOR REPORTING PRIVATE SECTOR PAYMENT RATES FOR ESTABLISH- 5 OF 6 MENT OF MEDICARE PAYMENT RATES.—Section 7 1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 8 1395m–1(a)(1)(B)) is amended— 9 10 (1) in clause (i), by striking ‘‘December 31, 2020’’ and inserting ‘‘December 31, 2021’’; and 11 (2) in clause (ii)— 12 (A) by striking ‘‘January 1, 2021’’ and in- 13 serting ‘‘January 1, 2022’’; and 14 (B) by striking ‘‘March 31, 2021’’ and in- 15 16 17 serting ‘‘March 31, 2022’’. (b) REVISED PHASE-IN VATE PAYOR RATE OF REDUCTIONS FROM PRI- IMPLEMENTATION.—Section 18 1834A(b)(3) of the Social Security Act (42 U.S.C. 19 1395m–1(b)(3)) is amended— 20 21 22 (1) in subparagraph (A), by striking ‘‘through 2023’’ and inserting ‘‘through 2024’’; and (2) in subparagraph (B)— 23 24 (A) in clause (i), by striking ‘‘and’’ at the end; 25 26 (B) by redesignating clause (ii) as clause (iii); BAI20215 S.L.C. 392 1 2 (C) by inserting after clause (i) the following new clause: 3 ‘‘(ii) for 2021, 0 percent; and’’; and 4 (D) in clause (iii), as redesignated by sub- 5 paragraph (B), by striking ‘‘2021 through 6 2023’’ and inserting ‘‘2022 through 2024’’. 7 SEC. 3719. EXPANSION OF THE MEDICARE HOSPITAL AC- 8 CELERATED 9 THE COVID-19 PUBLIC HEALTH EMERGENCY. 10 PAYMENT PROGRAM DURING Section 1815 of the Social Security Act (42 U.S.C. 11 1395g) is amended— 12 (1) in subsection (e)(3), by striking ‘‘In the 13 case’’ and inserting ‘‘Subject to subsection (f), in the 14 case’’; and 15 (2) by adding at the end the following new sub- 16 section: 17 ‘‘(f)(1) During the emergency period described in sec- 18 tion 1135(g)(1)(B), the Secretary shall expand the pro19 gram under subsection (e)(3) pursuant to paragraph (2). 20 ‘‘(2) In expanding the program under subsection 21 (e)(3), the following shall apply: 22 ‘‘(A)(i) In addition to the hospitals described in 23 subsection (e)(3), the following hospitals shall be eli- 24 gible to participate in the program: BAI20215 S.L.C. 393 1 2 3 4 5 ‘‘(I) Hospitals described in clause (iii) of section 1886(d)(1)(B). ‘‘(II) Hospitals described in clause (v) of such section. ‘‘(III) Critical access hospitals (as defined 6 in section 1861(mm)(1)). 7 ‘‘(ii) Subject to appropriate safeguards against 8 fraud, waste, and abuse, upon a request of a hos- 9 pital described in clause (i), the Secretary shall pro- 10 vide accelerated payments under the program to 11 such hospital. 12 13 14 15 ‘‘(B) Upon the request of the hospital, the Secretary may do any of the following: ‘‘(i) Make accelerated payments on a periodic or lump sum basis. 16 ‘‘(ii) Increase the amount of payment that 17 would otherwise be made to hospitals under the 18 program up to 100 percent (or, in the case of 19 critical access hospitals, up to 125 percent). 20 ‘‘(iii) Extend the period that accelerated 21 payments cover so that it covers up to a 6- 22 month period. 23 ‘‘(C) Upon the request of the hospital, the Sec- 24 retary shall do the following: BAI20215 S.L.C. 394 1 ‘‘(i) Provide up to 120 days before claims 2 are offset to recoup the accelerated payment. 3 ‘‘(ii) Allow not less than 12 months from 4 the date of the first accelerated payment before 5 requiring that the outstanding balance be paid 6 in full. 7 ‘‘(3) Nothing in this subsection shall preclude the 8 Secretary from carrying out the provisions described in 9 clauses (i), (ii), and (iii) of paragraph (2)(B) and clauses 10 (i) and (ii) of paragraph (2)(C) under the program under 11 subsection (e)(3) after the period for which this subsection 12 applies. 13 ‘‘(4) Notwithstanding any other provision of law, the 14 Secretary may implement the provisions of this subsection 15 by program instruction or otherwise.’’. 16 17 18 SEC. 3720. SPECIAL RULES RELATED TO TEMPORARY INCREASE MEDICAID FMAP. Section 6008 of the Families First Coronavirus Re- 19 sponse Act (Public Law 116–127) is amended by adding 20 at the end the following new subsection: 21 22 ‘‘(d) SPECIAL RULES.— ‘‘(1) EXCEPTION FOR CERTAIN STATES.—Not- 23 withstanding subsections (a) and (b), if, on the date 24 of enactment of this Act, a State did not meet a re- 25 quirement described in (1), (2), or (3) of subsection BAI20215 S.L.C. 395 1 (b), the State may receive the increase to the Fed- 2 eral medical assistance percentage of the State de- 3 scribed in subsection (a) if— 4 ‘‘(A) not later than 60 days after such 5 date of enactment, the State certifies to the 6 Secretary of Health and Human Services that 7 the State is unable to meet the requirement de- 8 scribed in paragraph (1), (2), or (3) of sub- 9 section (b) (as applicable); and 10 ‘‘(B) the State does not put into place 11 under the State Medicaid program under title 12 XIX of the Social Security Act premiums that 13 exceed, or eligibility standards, methodologies, 14 or procedures that are more restrictive, than 15 the premiums, eligibility standards, methodolo- 16 gies, or procedures in effect on such date of en- 17 actment. 18 ‘‘(2) FEDERAL FINANCIAL PARTICIPATION.— 19 Notwithstanding any other provision of law, during 20 the period described in subsection (a), Federal finan- 21 cial participation shall be available under title XIX 22 of the Social Security Act (42 U.S.C. 1396 et seq.) 23 for amounts expended by a State on medical assist- 24 ance (and related administrative costs) furnished to 25 individuals who the State is required to treat as eli- BAI20215 S.L.C. 396 1 gible for such assistance pursuant to the require- 2 ment of subsection (b)(3).’’. 4 Subtitle E—Health and Human Services Extenders 5 PART I—MEDICARE PROVISIONS 6 SEC. 3801. EXTENSION OF THE WORK GEOGRAPHIC INDEX 3 7 8 FLOOR UNDER THE MEDICARE PROGRAM. Section 1848(e)(1)(E) of the Social Security Act (42 9 U.S.C. 1395w–4(e)(1)(E)) is amended by striking ‘‘May 10 23, 2020’’ and inserting ‘‘December 1, 2020’’. 11 SEC. 3802. EXTENSION OF FUNDING FOR QUALITY MEAS- 12 URE ENDORSEMENT, INPUT, AND SELECTION. 13 (a) IN GENERAL.—Section 1890(d)(2) of the Social 14 Security Act (42 U.S.C. 1395aaa(d)(2)) is amended— 15 (1) in the first sentence, by striking ‘‘and 16 $4,830,000 for the period beginning on October 1, 17 2019, and ending on May 22, 2020’’ and inserting 18 ‘‘$20,000,000 for fiscal year 2020, and for the pe- 19 riod beginning on October 1, 2020, and ending on 20 November 30, 2020, the amount equal to the pro 21 rata portion of the amount appropriated for such pe- 22 riod for fiscal year 2020’’; and 23 (2) in the third sentence, by striking ‘‘and 2019 24 and for the period beginning on October 1, 2019, 25 and ending on May 22, 2020’’ and inserting ‘‘, BAI20215 S.L.C. 397 1 2019, and 2020, and for the period beginning on 2 October 1, 2020, and ending on November 30, 3 2020,’’. 4 (b) EFFECTIVE DATE.—The amendments made by 5 subsection (a) shall take effect as if included in the enact6 ment of the Further Consolidated Appropriations Act, 7 2020 (Public Law 116–94). 8 9 10 11 SEC. 3803. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME PROGRAMS. (a) FUNDING EXTENSIONS.— (1) ADDITIONAL FUNDING FOR STATE HEALTH 12 INSURANCE 13 section 119 of the Medicare Improvements for Pa- 14 tients and Providers Act of 2008 (42 U.S.C. 1395b– 15 3 note), as amended by section 3306 of the Patient 16 Protection and Affordable Care Act (Public Law 17 111–148), section 610 of the American Taxpayer 18 Relief Act of 2012 (Public Law 112–240), section 19 1110 of the Pathway for SGR Reform Act of 2013 20 (Public Law 113–67), section 110 of the Protecting 21 Access to Medicare Act of 2014 (Public Law 113– 22 93), section 208 of the Medicare Access and CHIP 23 Reauthorization Act of 2015 (Public Law 114–10), 24 section 50207 of division E of the Bipartisan Budg- 25 et Act of 2018 (Public Law 115–123), section 1402 PROGRAMS.—Subsection (a)(1)(B) of BAI20215 S.L.C. 398 1 of division B of the Continuing Appropriations Act, 2 2020, and Health Extenders Act of 2019 (Public 3 Law 116–59), section 1402 of division B of the Fur- 4 ther Continuing Appropriations Act, 2020, and Fur- 5 ther Health Extenders Act of 2019 (Public Law 6 116–69), and section 103 of division N of the Fur- 7 ther Consolidated Appropriations Act, 2020 (Public 8 Law 116–94) is amended by striking clauses (x) 9 through (xii) and inserting the following new 10 clauses: 11 ‘‘(x) 12 for fiscal year 2020, of $13,000,000; and 13 ‘‘(xi) for the period beginning on Oc- 14 tober 1, 2020, and ending on November 15 30, 2020, the amount equal to the pro rata 16 portion of the amount appropriated for 17 such period for fiscal year 2020.’’. 18 (2) ADDITIONAL FUNDING FOR AREA AGENCIES 19 ON AGING.—Subsection 20 119, as so amended, is amended by striking clauses 21 (x) through (xii) and inserting the following new 22 clauses: 23 24 ‘‘(x) (b)(1)(B) of such section for $7,500,000; and fiscal year 2020, of BAI20215 S.L.C. 399 1 ‘‘(xi) for the period beginning on Oc- 2 tober 1, 2020, and ending on November 3 30, 2020, the amount equal to the pro rata 4 portion of the amount appropriated for 5 such period for fiscal year 2020.’’. 6 (3) ADDITIONAL FUNDING FOR AGING AND DIS- 7 ABILITY RESOURCE CENTERS.—Subsection 8 of such section 119, as so amended, is amended by 9 striking clauses (x) through (xii) and inserting the 10 11 12 (c)(1)(B) following new clauses: ‘‘(x) for fiscal year 2020, of $5,000,000; and 13 ‘‘(xi) for the period beginning on Oc- 14 tober 1, 2020, and ending on November 15 30, 2020, the amount equal to the pro rata 16 portion of the amount appropriated for 17 such period for fiscal year 2020.’’. 18 (4) ADDITIONAL FUNDING FOR GRANT OR CON- 19 TRACT WITH THE NATIONAL CENTER FOR BENEFITS 20 AND OUTREACH ENROLLMENT.—Subsection 21 of such section 119, as so amended, is amended by 22 striking clauses (x) through (xii) and inserting the 23 following new clauses: 24 25 ‘‘(x) for $12,000,000; and fiscal year (d)(2) 2020, of BAI20215 S.L.C. 400 1 ‘‘(xi) for the period beginning on Oc- 2 tober 1, 2020, and ending on November 3 30, 2020, the amount equal to the pro rata 4 portion of the amount appropriated for 5 such period for fiscal year 2020.’’. 6 (b) EFFECTIVE DATE.—The amendments made by 7 subsection (a) shall take effect as if included in the enact8 ment of the Further Consolidated Appropriations Act, 9 2020 (Public Law 116–94). 10 PART II—MEDICAID PROVISIONS 11 SEC. 3811. EXTENSION OF THE MONEY FOLLOWS THE PER- 12 SON REBALANCING DEMONSTRATION PRO- 13 GRAM. 14 Section 6071(h) of the Deficit Reduction Act of 2005 15 (42 U.S.C. 1396a note) is amended— 16 17 18 (1) in paragraph (1), by striking subparagraph (G) and inserting the following: ‘‘(G) subject to paragraph (3), 19 $337,500,000 for the period beginning on Jan- 20 uary 1, 2020, and ending on September 30, 21 2020; and 22 ‘‘(H) subject to paragraph (3), for the pe- 23 riod beginning on October 1, 2020, and ending 24 on November 30, 2020, the amount equal to BAI20215 S.L.C. 401 1 the pro rata portion of the amount appropriated 2 for such period for fiscal year 2020.’’; and 3 (2) in paragraph (3), by striking ‘‘and (G)’’ and 4 5 6 7 inserting ‘‘, (G), and (H)’’. SEC. 3812. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS. (a) IN GENERAL.—Section 2404 of Public Law 111– 8 148 (42 U.S.C. 1396r–5 note) is amended by striking 9 ‘‘May 22, 2020’’ and inserting ‘‘November 30, 2020’’. 10 (b) RULE OF CONSTRUCTION.—Nothing in section 11 2404 of Public Law 111–148 (42 U.S.C. 1396r–5 note) 12 or section 1902(a)(17) or 1924 of the Social Security Act 13 (42 U.S.C. 1396a(a)(17), 1396r–5) shall be construed as 14 prohibiting a State from— 15 (1) applying an income or resource disregard 16 under a methodology authorized under section 17 1902(r)(2) of such Act (42 U.S.C. 1396a(r)(2))— 18 (A) to the income or resources of an indi- 19 vidual 20 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. 21 1396a(a)(10)(A)(ii)(VI)) (including a disregard 22 of the income or resources of such individual’s 23 spouse); or described in section 24 (B) on the basis of an individual’s need for 25 home and community-based services authorized BAI20215 S.L.C. 402 1 under subsection (c), (d), (i), or (k) of section 2 1915 of such Act (42 U.S.C. 1396n) or under 3 section 1115 of such Act (42 U.S.C. 1315); or 4 (2) disregarding an individual’s spousal income 5 and assets under a plan amendment to provide med- 6 ical assistance for home and community-based serv- 7 ices for individuals by reason of being determined el- 8 igible under section 1902(a)(10)(C) of such Act (42 9 U.S.C. 1396a(a)(10)(C)) or by reason of section 10 1902(f) of such Act (42 U.S.C. 1396a(f)) or other- 11 wise on the basis of a reduction of income based on 12 costs incurred for medical or other remedial care 13 under which the State disregarded the income and 14 assets of the individual’s spouse in determining the 15 initial and ongoing financial eligibility of an indi- 16 vidual for such services in place of the spousal im- 17 poverishment provisions applied under section 1924 18 of such Act (42 U.S.C. 1396r–5). 19 SEC. 3813. DELAY OF DSH REDUCTIONS. 20 Section 1923(f)(7)(A) of the Social Security Act (42 21 U.S.C. 1396r–4(f)(7)(A)) is amended— 22 (1) in clause (i), in the matter preceding sub- 23 clause (I), by striking ‘‘May 23, 2020, and ending 24 September 30, 2020, and for each of fiscal years 25 2021’’ and inserting ‘‘December 1, 2020, and ending BAI20215 S.L.C. 403 1 September 30, 2021, and for each of fiscal years 2 2022’’; and 3 (2) in clause (ii)— 4 (A) in subclause (I), by striking ‘‘May 23, 5 2020, and ending September 30, 2020’’ and in- 6 serting ‘‘December 1, 2020, and ending Sep- 7 tember 30, 2021’’; and 8 9 10 (B) in subclause (II), by striking ‘‘2021’’ and inserting ‘‘2022’’. SEC. 3814. EXTENSION AND EXPANSION OF COMMUNITY 11 MENTAL 12 TION PROGRAM. 13 HEALTH SERVICES DEMONSTRA- (a) IN GENERAL.—Section 223(d) of the Protecting 14 Access to Medicare Act of 2014 (42 U.S.C. 1396a note) 15 is amended— 16 (1) in paragraph (3)— 17 (A) by striking ‘‘Not more than’’ and in- 18 serting ‘‘Subject to paragraph (8), not more 19 than’’; and 20 (B) by striking ‘‘May 22, 2020’’ and in- 21 serting ‘‘November 30, 2020’’; and 22 (2) by adding at the end the following new 23 24 paragraph: ‘‘(8) ADDITIONAL PROGRAMS.— BAI20215 S.L.C. 404 1 ‘‘(A) IN GENERAL.—Not later than 6 2 months after the date of enactment of this 3 paragraph, in addition to the 8 States selected 4 under paragraph (1), the Secretary shall select 5 2 States to participate in 2-year demonstration 6 programs that meet the requirements of this 7 subsection. 8 ‘‘(B) SELECTION 9 ‘‘(i) IN OF STATES.— GENERAL.—Subject to clause 10 (ii), in selecting States under this para- 11 graph, the Secretary— 12 ‘‘(I) shall select States that— 13 ‘‘(aa) were awarded plan- 14 ning grants under subsection (c); 15 and 16 ‘‘(bb) applied to participate 17 in the demonstration programs 18 under this subsection under para- 19 graph (1) but, as of the date of 20 enactment of this paragraph, 21 were not selected to participate 22 under paragraph (1); and 23 ‘‘(II) shall use the results of the 24 Secretary’s evaluation of each State’s 25 application under paragraph (1) to BAI20215 S.L.C. 405 1 determine which States to select, and 2 shall not require the submission of 3 any additional application. 4 ‘‘(C) REQUIREMENTS FOR SELECTED 5 STATES.—Prior 6 under the demonstration authority in a State 7 selected under this paragraph, the State shall— 8 ‘‘(i) submit a plan to monitor certified 9 community behavioral health clinics under 10 the demonstration program to ensure com- 11 pliance with certified community behavioral 12 health criteria during the demonstration 13 period; and to services being delivered 14 ‘‘(ii) commit to collecting data, noti- 15 fying the Secretary of any planned changes 16 that would deviate from the prospective 17 payment system methodology outlined in 18 the State’s demonstration application, and 19 obtaining approval from the Secretary for 20 any such change before implementing the 21 change.’’. 22 (b) LIMITATION.—Section 223(d)(5) of the Pro- 23 tecting Access to Medicare Act of 2014 (42 U.S.C. 1396a 24 note) is amended— BAI20215 S.L.C. 406 1 (1) in subparagraph (B), in the matter pre- 2 ceding clause (i), by striking ‘‘The Federal match- 3 ing’’ 4 (C)(iii), the Federal matching’’; and 5 6 and inserting ‘‘Subject to subparagraph (2) in subparagraph (C), by adding at the end the following new clause: 7 ‘‘(iii) PAYMENTS 8 PENDED AFTER 2019.—The 9 ing percentage applicable under subpara- 10 graph (B) to amounts expended by a State 11 participating in the demonstration pro- 12 gram under this subsection shall— FOR AMOUNTS EX- Federal match- 13 ‘‘(I) in the case of a State par- 14 ticipating in the demonstration pro- 15 gram as of January 1, 2020, apply to 16 amounts expended by the State dur- 17 ing the 8 fiscal quarter period (or any 18 portion of such period) that begins on 19 January 1, 2020; and 20 ‘‘(II) in the case of a State se- 21 lected to participate in the demonstra- 22 tion program under paragraph (8), 23 during first 8 fiscal quarter period (or 24 any portion of such period) that the BAI20215 S.L.C. 407 1 State participates in a demonstration 2 program.’’. 3 (c) GAO STUDY 4 AND 5 GRAM.— 6 AND REPORT ON THE COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION PRO- (1) IN GENERAL.—Not later than 18 months 7 after the date of the enactment of this Act, the 8 Comptroller General of the United States shall sub- 9 mit to the Committee on Energy and Commerce of 10 the House of Representatives and the Committee on 11 Finance of the Senate a report on the community 12 and mental health services demonstration program 13 conducted under section 223 of the Protecting Ac- 14 cess to Medicare Act of 2014 (42 U.S.C. 1396a 15 note) (referred to in this subsection as the ‘‘dem- 16 onstration program’’). 17 (2) CONTENT OF REPORT.—The report re- 18 quired under paragraph (1) shall include the fol- 19 lowing information: 20 (A) Information on States’ experiences 21 participating in the demonstration program, in- 22 cluding the extent to which States— 23 (i) measure the effects of access to 24 certified community behavioral health clin- BAI20215 S.L.C. 408 1 ics on patient health and cost of care, in- 2 cluding— 3 (I) engagement in treatment for 4 behavioral health conditions; 5 (II) relevant clinical outcomes, to 6 the extent collected; 7 (III) screening and treatment for 8 comorbid medical conditions; and 9 (IV) use of crisis stabilization, 10 emergency department, and inpatient 11 care. 12 (B) Information on Federal efforts to 13 evaluate the demonstration program, includ- 14 ing— 15 16 17 18 19 20 (i) quality measures used to evaluate the program; (ii) assistance provided to States on data collection and reporting; (iii) assessments of the reliability and usefulness of State-submitted data; and 21 (iv) the extent to which such efforts 22 provide information on the relative quality, 23 scope, and cost of services as compared 24 with services not provided under the dem- 25 onstration program, and in comparison to BAI20215 S.L.C. 409 1 Medicaid beneficiaries with mental illness 2 and substance use disorders not served 3 under the demonstration program. 4 (C) Recommendations for improvements to 5 the following: 6 7 (i) The reporting, accuracy, and validation of encounter data. 8 (ii) Accuracy in payments to certified 9 community behavioral health clinics under 10 State plans or waivers under title XIX of 11 the Social Security Act (42 U.S.C. 1396 et 12 seq.). 13 PART III—HUMAN SERVICES AND OTHER 14 HEALTH PROGRAMS 15 SEC. 3821. EXTENSION OF SEXUAL RISK AVOIDANCE EDU- 16 17 CATION PROGRAM. Section 510 of the Social Security Act (42 U.S.C. 18 710) is amended— 19 20 21 (1) in subsection (a)— (A) in paragraph (1), in the matter preceding subparagraph (A)— 22 (i) by striking ‘‘and 2019 and for the 23 period beginning October 1, 2019, and 24 ending May 22, 2020’’ and inserting 25 ‘‘through 2020 and for the period begin- BAI20215 S.L.C. 410 1 ning October 1, 2020, and ending Novem- 2 ber 30, 2020’’; and 3 (ii) by striking ‘‘fiscal year 2020’’ and 4 inserting ‘‘fiscal year 2021’’ 5 (B) in paragraph (2)(A)— 6 (i) by striking ‘‘and 2019 and for the 7 period beginning October 1, 2019, and 8 ending May 22, 2020’’ and inserting 9 ‘‘through 2020 and for the period begin- 10 ning October 1, 2020, and ending Novem- 11 ber 30, 2020’’; and 12 (ii) by striking ‘‘fiscal year 2020’’ and 13 inserting ‘‘fiscal year 2021’’; and 14 (2) in subsection (f)(1), by striking ‘‘and 2019 15 and $48,287,671 for the period beginning October 1, 16 2019, and ending May 22, 2020’’ and inserting 17 ‘‘through 2020, and for the period beginning on Oc- 18 tober 1, 2020, and ending on November 30, 2020, 19 the amount equal to the pro rata portion of the 20 amount appropriated for such period for fiscal year 21 2020’’. 22 23 24 SEC. 3822. EXTENSION OF PERSONAL RESPONSIBILITY EDUCATION PROGRAM. Section 513 of the Social Security Act (42 U.S.C. 25 713) is amended— BAI20215 S.L.C. 411 1 2 (1) in subsection (a)— (A) in paragraph (1)— 3 (i) in subparagraph (A), in the matter 4 preceding clause (i), by striking ‘‘2019 and 5 for the period beginning October 1, 2019, 6 and ending May 22, 2020’’ and inserting 7 ‘‘2020 and for the period beginning Octo- 8 ber 1, 2020, and ending November 30, 9 2020’’; and 10 (ii) in subparagraph (B)(i), by strik- 11 ing by striking ‘‘October 1, 2019, and end- 12 ing May 22, 2020’’ and inserting ‘‘October 13 1, 2020, and ending November 30, 2020’’; 14 (2) in paragraph (4)(A), by striking ‘‘2019’’ 15 each place it appears and inserting ‘‘2020’’; and 16 (3) in subsection (f), by striking ‘‘2019 and 17 $48,287,671 for the period beginning October 1, 18 2019, and ending May 22, 2020’’ and inserting 19 ‘‘2020, and for the period beginning on October 1, 20 2020, and ending on November 30, 2020, the 21 amount equal to the pro rata portion of the amount 22 appropriated for such period for fiscal year 2020’’. BAI20215 S.L.C. 412 1 SEC. 3823. EXTENSION OF DEMONSTRATION PROJECTS TO 2 ADDRESS 3 FORCE NEEDS. 4 HEALTH PROFESSIONS WORK- Activities authorized by section 2008 of the Social Se- 5 curity Act shall continue through November 30, 2020, in 6 the manner authorized for fiscal year 2019, and out of 7 any money in the Treasury of the United States not other8 wise appropriated, there are hereby appropriated such 9 sums as may be necessary for such purpose. Grants and 10 payments may be made pursuant to this authority through 11 the date so specified at the pro rata portion of the total 12 amount authorized for such activities in fiscal year 2019. 13 SEC. 3824. EXTENSION OF THE TEMPORARY ASSISTANCE 14 FOR NEEDY FAMILIES PROGRAM AND RE- 15 LATED PROGRAMS. 16 Activities authorized by part A of title IV and section 17 1108(b) of the Social Security Act shall continue through 18 November 30, 2020, in the manner authorized for fiscal 19 year 2019, and out of any money in the Treasury of the 20 United States not otherwise appropriated, there are here21 by appropriated such sums as may be necessary for such 22 purpose. BAI20215 S.L.C. 413 1 PART IV—PUBLIC HEALTH PROVISIONS 2 SEC. 3831. EXTENSION FOR COMMUNITY HEALTH CENTERS, 3 THE NATIONAL HEALTH SERVICE CORPS, 4 AND TEACHING HEALTH CENTERS THAT OP- 5 ERATE GME PROGRAMS. 6 (a) COMMUNITY HEALTH CENTERS.—Section 7 10503(b)(1)(F) of the Patient Protection and Affordable 8 Care Act (42 U.S.C. 254b–2(b)(1)(F)) is amended by 9 striking ‘‘and $2,575,342,466 for the period beginning on 10 October 1, 2019, and ending on May 22, 2020’’ and in11 serting ‘‘$4,000,000,000 for fiscal year 2020, and 12 $668,493,151 for the period beginning on October 1, 13 2020, and ending on November 30, 2020’’. 14 (b) NATIONAL HEALTH SERVICE CORPS.—Section 15 10503(b)(2) of the Patient Protection and Affordable 16 Care Act (42 U.S.C. 254b–2(b)(2)) is amended— 17 18 19 20 (1) in subparagraph (F), by striking ‘‘and’’ at the end; and (2) by striking subparagraph (G) and inserting the following: 21 22 ‘‘(G) $310,000,000 for fiscal year 2020; and 23 ‘‘(H) $51,808,219 for the period beginning 24 on October 1, 2020, and ending on November 25 30, 2020.’’. BAI20215 S.L.C. 414 1 (c) TEACHING HEALTH CENTERS THAT OPERATE 2 GRADUATE MEDICAL EDUCATION PROGRAMS.—Section 3 340H(g)(1) of the Public Health Service Act (42 U.S.C. 4 256h(g)(1)) is amended by striking ‘‘and 2019, and 5 $81,445,205 for the period beginning on October 1, 2019, 6 and ending on May 22, 2020’’ and inserting ‘‘through fis7 cal year 2020, and $21,141,096 for the period beginning 8 on October 1, 2020, and ending on November 30, 2020’’. 9 (d) APPLICATION OF PROVISIONS.—Amounts appro- 10 priated pursuant to the amendments made by this section 11 for fiscal year 2020 and for the period beginning on Octo12 ber 1, 2020, and ending on November 30, 2020, shall be 13 subject to the requirements contained in Public Law 116– 14 94 for funds for programs authorized under sections 330 15 through 340 of the Public Health Service Act (42 U.S.C. 16 254 through 256). 17 (e) CONFORMING AMENDMENT.—Paragraph (4) of 18 section 3014(h) of title 18, United States Code, as amend19 ed by section 401(e) of division N of Public Law 116– 20 94, is amended by striking ‘‘section 401(d) of division N 21 of the Further Consolidated Appropriations Act, 2020’’ 22 and inserting ‘‘section 3831 of the CARES Act’’. 23 24 SEC. 3832. DIABETES PROGRAMS. (a) TYPE I.—Section 330B(b)(2)(D) of the Public 25 Health Service Act (42 U.S.C. 254c–2(b)(2)(D)) is BAI20215 S.L.C. 415 1 amended by striking ‘‘and 2019, and $96,575,342 for the 2 period beginning on October 1, 2019, and ending on May 3 22, 2020’’ and inserting ‘‘through 2020, and $25,068,493 4 for the period beginning on October 1, 2020, and ending 5 on November 30, 2020’’. 6 (b) INDIANS.—Section 330C(c)(2)(D) of the Public 7 Health Service Act (42 U.S.C. 254c–3(c)(2)(D)) is 8 amended by striking ‘‘and 2019, and $96,575,342 for the 9 period beginning on October 1, 2019, and ending on May 10 22, 2020’’ and inserting ‘‘through 2020, and $25,068,493 11 for the period beginning on October 1, 2020, and ending 12 on November 30, 2020’’. 13 PART V—MISCELLANEOUS PROVISIONS 14 SEC. 3841. PREVENTION OF DUPLICATE APPROPRIATIONS 15 16 FOR FISCAL YEAR 2020. Expenditures made under any provision of law 17 amended in this title pursuant to the amendments made 18 by the Continuing Appropriations Act, 2020, and Health 19 Extenders Act of 2019 (Public Law 116–59), the Further 20 Continuing Appropriations Act, 2020, and Further Health 21 Extenders Act of 2019 (Public Law 116-69), and the Fur22 ther Consolidated Appropriations Act, 2020 (Public Law 23 116–94) for fiscal year 2020 shall be charged to the appli24 cable appropriation or authorization provided by the BAI20215 S.L.C. 416 1 amendments made by this title to such provision of law 2 for such fiscal year. 4 Subtitle F—Over-the-Counter Drugs 5 PART I—OTC DRUG REVIEW 6 SEC. 3851. REGULATION OF CERTAIN NONPRESCRIPTION 7 DRUGS THAT ARE MARKETED WITHOUT AN 8 APPROVED DRUG APPLICATION. 3 9 (a) IN GENERAL.—Chapter V of the Federal Food, 10 Drug, and Cosmetic Act is amended by inserting after sec11 tion 505F of such Act (21 U.S.C. 355g) the following: 12 ‘‘SEC. 505G. REGULATION OF CERTAIN NONPRESCRIPTION 13 DRUGS THAT ARE MARKETED WITHOUT AN 14 APPROVED DRUG APPLICATION. 15 16 ‘‘(a) NONPRESCRIPTION DRUGS MARKETED WITHOUT AN APPROVED APPLICATION.—Nonprescription 17 drugs marketed without an approved drug application 18 under section 505, as of the date of the enactment of this 19 section, shall be treated in accordance with this sub20 section. 21 ‘‘(1) DRUGS SUBJECT TO A FINAL MONOGRAPH; 22 CATEGORY 23 FINAL MONOGRAPH.—A 24 erally recognized as safe and effective under section I DRUGS SUBJECT TO A TENTATIVE drug is deemed to be gen- BAI20215 S.L.C. 417 1 201(p)(1), not a new drug under section 201(p), and 2 not subject to section 503(b)(1), if— 3 ‘‘(A) the drug is— 4 ‘‘(i) in conformity with the require- 5 ments for nonprescription use of a final 6 monograph issued under part 330 of title 7 21, Code of Federal Regulations (except as 8 provided in paragraph (2)), the general re- 9 quirements for nonprescription drugs, and 10 conditions or requirements under sub- 11 sections (b), (c), and (k); and 12 ‘‘(ii) except as permitted by an order 13 issued under subsection (b) or, in the case 14 of a minor change in the drug, in con- 15 formity with an order issued under sub- 16 section (c), in a dosage form that, imme- 17 diately prior to the date of the enactment 18 of this section, has been used to a material 19 extent and for a material time under sec- 20 tion 201(p)(2); or 21 ‘‘(B) the drug is— 22 ‘‘(i) classified in category I for safety 23 and effectiveness under a tentative final 24 monograph that is the most recently appli- 25 cable proposal or determination issued BAI20215 S.L.C. 418 1 under part 330 of title 21, Code of Federal 2 Regulations; 3 ‘‘(ii) in conformity with the proposed 4 requirements for nonprescription use of 5 such tentative final monograph, any appli- 6 cable subsequent determination by the Sec- 7 retary, the general requirements for non- 8 prescription drugs, and conditions or re- 9 quirements under subsections (b), (c), and 10 (k); and 11 ‘‘(iii) except as permitted by an order 12 issued under subsection (b) or, in the case 13 of a minor change in the drug, in con- 14 formity with an order issued under sub- 15 section (c), in a dosage form that, imme- 16 diately prior to the date of the enactment 17 of this section, has been used to a material 18 extent and for a material time under sec- 19 tion 201(p)(2). 20 ‘‘(2) TREATMENT OF SUNSCREEN DRUGS.— 21 With respect to sunscreen drugs subject to this sec- 22 tion, the applicable requirements in terms of con- 23 formity with a final monograph, for purposes of 24 paragraph (1)(A)(i), shall be the requirements speci- 25 fied in part 352 of title 21, Code of Federal Regula- BAI20215 S.L.C. 419 1 tions, as published on May 21, 1999, beginning on 2 page 27687 of volume 64 of the Federal Register, 3 except that the applicable requirements governing ef- 4 fectiveness and labeling shall be those specified in 5 section 201.327 of title 21, Code of Federal Regula- 6 tions. 7 ‘‘(3) CATEGORY III DRUGS SUBJECT TO A TEN- 8 TATIVE FINAL MONOGRAPH; CATEGORY I DRUGS 9 SUBJECT TO PROPOSED MONOGRAPH OR ADVANCE 10 NOTICE OF PROPOSED RULEMAKING.—A 11 is not described in paragraph (1), (2), or (4) is not 12 required to be the subject of an application approved 13 under section 505, and is not subject to section 14 503(b)(1), if— 15 drug that ‘‘(A) the drug is— 16 ‘‘(i) classified in category III for safe- 17 ty or effectiveness in the preamble of a 18 proposed rule establishing a tentative final 19 monograph that is the most recently appli- 20 cable proposal or determination for such 21 drug issued under part 330 of title 21, 22 Code of Federal Regulations; 23 ‘‘(ii) in conformity with— 24 ‘‘(I) the conditions of use, includ- 25 ing indication and dosage strength, if BAI20215 S.L.C. 420 1 any, described for such category III 2 drug in such preamble or in an appli- 3 cable subsequent proposed rule; 4 ‘‘(II) the proposed requirements 5 for drugs classified in such tentative 6 final monograph in category I in the 7 most recently proposed rule estab- 8 lishing requirements related to such 9 tentative final monograph and in any 10 final rule establishing requirements 11 that are applicable to the drug; and 12 ‘‘(III) the general requirements 13 for nonprescription drugs and condi- 14 tions or requirements under sub- 15 section (b) or (k); and 16 ‘‘(iii) in a dosage form that, imme- 17 diately prior to the date of the enactment 18 of this section, had been used to a material 19 extent and for a material time under sec- 20 tion 201(p)(2); or 21 ‘‘(B) the drug is— 22 ‘‘(i) classified in category I for safety 23 and effectiveness under a proposed mono- 24 graph or advance notice of proposed rule- 25 making that is the most recently applicable BAI20215 S.L.C. 421 1 proposal or determination for such drug 2 issued under part 330 of title 21, Code of 3 Federal Regulations; 4 ‘‘(ii) in conformity with the require- 5 ments for nonprescription use of such pro- 6 posed monograph or advance notice of pro- 7 posed rulemaking, any applicable subse- 8 quent determination by the Secretary, the 9 general requirements for nonprescription 10 drugs, and conditions or requirements 11 under subsection (b) or (k); and 12 ‘‘(iii) in a dosage form that, imme- 13 diately prior to the date of the enactment 14 of this section, has been used to a material 15 extent and for a material time under sec- 16 tion 201(p)(2). 17 ‘‘(4) CATEGORY II DRUGS DEEMED NEW 18 DRUGS.—A 19 safety or effectiveness under a tentative final mono- 20 graph or that is subject to a determination to be not 21 generally recognized as safe and effective in a pro- 22 posed rule that is the most recently applicable pro- 23 posal issued under part 330 of title 21, Code of Fed- 24 eral Regulations, shall be deemed to be a new drug 25 under section 201(p), misbranded under section drug that is classified in category II for BAI20215 S.L.C. 422 1 502(ee), and subject to the requirement for an ap- 2 proved new drug application under section 505 be- 3 ginning on the day that is 180 calendar days after 4 the date of the enactment of this section, unless, be- 5 fore such day, the Secretary determines that it is in 6 the interest of public health to extend the period 7 during which the drug may be marketed without 8 such an approved new drug application. 9 ‘‘(5) DRUGS NOT GRASE DEEMED NEW 10 DRUGS.—A 11 not to be generally recognized as safe and effective 12 under section 201(p)(1) under a final determination 13 issued under part 330 of title 21, Code of Federal 14 Regulations, shall be deemed to be a new drug under 15 section 201(p), misbranded under section 502(ee), 16 and subject to the requirement for an approved new 17 drug application under section 505. 18 drug that the Secretary has determined ‘‘(6) OTHER DRUGS DEEMED NEW DRUGS.— 19 Except as provided in subsection (m), a drug is 20 deemed to be a new drug under section 201(p) and 21 misbranded under section 502(ee) if the drug— 22 23 24 25 ‘‘(A) is not subject to section 503(b)(1); and ‘‘(B) is not described in paragraph (1), (2), (3), (4), or (5), or subsection (b)(1)(B). BAI20215 S.L.C. 423 1 2 3 ‘‘(b) ADMINISTRATIVE ORDERS.— ‘‘(1) IN GENERAL.— ‘‘(A) DETERMINATION.—The Secretary 4 may, on the initiative of the Secretary or at the 5 request of one or more requestors, issue an ad- 6 ministrative order determining whether there 7 are conditions under which a specific drug, a 8 class of drugs, or a combination of drugs, is de- 9 termined to be— 10 11 12 ‘‘(i) not subject to section 503(b)(1); and ‘‘(ii) generally recognized as safe and 13 effective under section 201(p)(1). 14 ‘‘(B) EFFECT.—A drug or combination of 15 drugs shall be deemed to not require approval 16 under section 505 if such drug or combination 17 of drugs— 18 ‘‘(i) is determined by the Secretary to 19 meet the conditions specified in clauses (i) 20 and (ii) of subparagraph (A); 21 ‘‘(ii) is marketed in conformity with 22 an administrative order under this sub- 23 section; 24 25 ‘‘(iii) meets the general requirements for nonprescription drugs; and BAI20215 S.L.C. 424 1 ‘‘(iv) meets the requirements under 2 subsections (c) and (k). 3 ‘‘(C) STANDARD.—The Secretary shall find 4 that a drug is not generally recognized as safe 5 and effective under section 201(p)(1) if— 6 ‘‘(i) the evidence shows that the drug 7 is not generally recognized as safe and ef- 8 fective under section 201(p)(1); or 9 ‘‘(ii) the evidence is inadequate to 10 show that the drug is generally recognized 11 as 12 201(p)(1). 13 14 15 safe and effective ‘‘(2) ADMINISTRATIVE under section ORDERS INITIATED BY THE SECRETARY.— ‘‘(A) IN GENERAL.—In issuing an adminis- 16 trative order under paragraph (1) upon the 17 Secretary’s initiative, the Secretary shall— 18 ‘‘(i) make reasonable efforts to notify 19 informally, not later than 2 business days 20 before the issuance of the proposed order, 21 the sponsors of drugs who have a listing in 22 effect under section 510(j) for the drugs or 23 combination of drugs that will be subject 24 to the administrative order; BAI20215 S.L.C. 425 1 2 ‘‘(ii) after any such reasonable efforts of notification— 3 ‘‘(I) issue a proposed administra- 4 tive order by publishing it on the 5 website of the Food and Drug Admin- 6 istration and include in such order the 7 reasons for the issuance of such order; 8 and 9 ‘‘(II) publish a notice of avail- 10 ability of such proposed order in the 11 Federal Register; 12 ‘‘(iii) except as provided in subpara- 13 graph (B), provide for a public comment 14 period with respect to such proposed order 15 of not less than 45 calendar days; and 16 ‘‘(iv) if, after completion of the pro- 17 ceedings specified in clauses (i) through 18 (iii), the Secretary determines that it is ap- 19 propriate to issue a final administrative 20 order— 21 ‘‘(I) issue the final administrative 22 order, together with a detailed state- 23 ment of reasons, which order shall not 24 take effect until the time for request- BAI20215 S.L.C. 426 1 ing judicial review under paragraph 2 (3)(D)(ii) has expired; 3 ‘‘(II) publish a notice of such 4 final administrative order in the Fed- 5 eral Register; 6 ‘‘(III) afford requestors of drugs 7 that will be subject to such order the 8 opportunity for formal dispute resolu- 9 tion up to the level of the Director of 10 the Center for Drug Evaluation and 11 Research, which initially must be re- 12 quested within 45 calendar days of 13 the issuance of the order, and, for 14 subsequent levels of appeal, within 30 15 calendar days of the prior decision; 16 and 17 ‘‘(IV) except with respect to 18 drugs described in paragraph (3)(B), 19 upon completion of the formal dispute 20 resolution procedure, inform the per- 21 sons which sought such dispute reso- 22 lution of their right to request a hear- 23 ing. 24 ‘‘(B) EXCEPTIONS.—When issuing an ad- 25 ministrative order under paragraph (1) on the BAI20215 S.L.C. 427 1 Secretary’s initiative proposing to determine 2 that a drug described in subsection (a)(3) is not 3 generally recognized as safe and effective under 4 section 201(p)(1), the Secretary shall follow the 5 procedures in subparagraph (A), except that— 6 ‘‘(i) the proposed order shall include 7 notice of— 8 ‘‘(I) the general categories of 9 data the Secretary has determined 10 necessary to establish that the drug is 11 generally recognized as safe and effec- 12 tive under section 201(p)(1); and 13 ‘‘(II) the format for submissions 14 by interested persons; 15 ‘‘(ii) the Secretary shall provide for a 16 public comment period of no less than 180 17 calendar days with respect to such pro- 18 posed order, except when the Secretary de- 19 termines, for good cause, that a shorter pe- 20 riod is in the interest of public health; and 21 ‘‘(iii) any person who submits data in 22 such comment period shall include a cer- 23 tification that the person has submitted all 24 evidence created, obtained, or received by 25 that person that is both within the cat- BAI20215 S.L.C. 428 1 egories of data identified in the proposed 2 order and relevant to a determination as to 3 whether the drug is generally recognized as 4 safe and effective under section 201(p)(1). 5 6 ‘‘(3) HEARINGS; ‘‘(A) IN JUDICIAL REVIEW.— GENERAL.—Only a person who 7 participated in each stage of formal dispute res- 8 olution under subclause (III) of paragraph 9 (2)(A)(iv) of an administrative order with re- 10 spect to a drug may request a hearing con- 11 cerning a final administrative order issued 12 under such paragraph with respect to such 13 drug. If a hearing is sought, such person must 14 submit a request for a hearing, which shall be 15 based solely on information in the administra- 16 tive record, to the Secretary not later than 30 17 calendar days after receiving notice of the final 18 decision of the formal dispute resolution proce- 19 dure. 20 ‘‘(B) NO 21 SPECT 22 DRUGS.— 23 TO HEARING REQUIRED WITH RE- ORDERS ‘‘(i) IN RELATING TO GENERAL.—The CERTAIN Secretary 24 shall not be required to provide notice and 25 an opportunity for a hearing pursuant to BAI20215 S.L.C. 429 1 paragraph (2)(A)(iv) if the final adminis- 2 trative order involved relates to a drug— 3 4 ‘‘(I) that is described in subsection (a)(3)(A); and 5 ‘‘(II) with respect to which no 6 human or non-human data studies rel- 7 evant to the safety or effectiveness of 8 such drug have been submitted to the 9 administrative record since the 10 issuance of the most recent tentative 11 final monograph relating to such 12 drug. 13 ‘‘(ii) HUMAN DATA STUDIES 14 NON-HUMAN DATA DEFINED.—In 15 paragraph: AND this sub- 16 ‘‘(I) The term ‘human data stud- 17 ies’ means clinical trials of safety or 18 effectiveness (including actual use 19 studies), pharmacokinetics studies, or 20 bioavailability studies. 21 ‘‘(II) The term ‘non-human data’ 22 means data from testing other than 23 with human subjects which provides 24 information concerning safety or ef- 25 fectiveness. BAI20215 S.L.C. 430 1 2 ‘‘(C) HEARING PROCEDURES.— ‘‘(i) DENIAL OF REQUEST FOR HEAR- 3 ING.—If 4 formation submitted in a request for a 5 hearing under subparagraph (A) with re- 6 spect to a final administrative order issued 7 under paragraph (2)(A)(iv) does not iden- 8 tify the existence of a genuine and sub- 9 stantial question of material fact, the Sec- 10 retary may deny such request. In making 11 such a determination, the Secretary may 12 consider only information and data that 13 are based on relevant and reliable scientific 14 principles and methodologies. 15 the Secretary determines that in- ‘‘(ii) SINGLE HEARING FOR MULTIPLE 16 RELATED REQUESTS.—If 17 request for a hearing is submitted with re- 18 spect to the same administrative order 19 under subparagraph (A), the Secretary 20 may direct that a single hearing be con- 21 ducted in which all persons whose hearing 22 requests were granted may participate. 23 ‘‘(iii) PRESIDING more than one OFFICER.—The pre- 24 siding officer of a hearing requested under 25 subparagraph (A) shall— BAI20215 S.L.C. 431 1 2 ‘‘(I) be designated by the Secretary; 3 ‘‘(II) not be an employee of the 4 Center for Drug Evaluation and Re- 5 search; and 6 ‘‘(III) not have been previously 7 involved in the development of the ad- 8 ministrative order involved or pro- 9 ceedings relating to that administra- 10 tive order. 11 ‘‘(iv) RIGHTS OF PARTIES TO HEAR- 12 ING.—The 13 under subparagraph (A) shall have the 14 right to present testimony, including testi- 15 mony of expert witnesses, and to cross-ex- 16 amine witnesses presented by other parties. 17 Where appropriate, the presiding officer 18 may require that cross-examination by par- 19 ties representing substantially the same in- 20 terests be consolidated to promote effi- 21 ciency and avoid duplication. 22 parties to a hearing requested ‘‘(v) FINAL DECISION.— 23 ‘‘(I) At the conclusion of a hear- 24 ing requested under subparagraph 25 (A), the presiding officer of the hear- BAI20215 S.L.C. 432 1 ing shall issue a decision containing 2 findings of fact and conclusions of 3 law. The decision of the presiding offi- 4 cer shall be final. 5 ‘‘(II) The final decision may not 6 take effect until the period under sub- 7 paragraph (D)(ii) for submitting a re- 8 quest for judicial review of such deci- 9 sion expires. 10 11 12 ‘‘(D) JUDICIAL REVIEW OF FINAL ADMIN- ISTRATIVE ORDER.— ‘‘(i) IN GENERAL.—The procedures 13 described in section 505(h) shall apply 14 with respect to judicial review of final ad- 15 ministrative orders issued under this sub- 16 section in the same manner and to the 17 same extent as such section applies to an 18 order described in such section except that 19 the judicial review shall be taken by filing 20 in an appropriate district court of the 21 United States in lieu of the appellate 22 courts specified in such section. 23 ‘‘(ii) PERIOD TO SUBMIT A REQUEST 24 FOR JUDICIAL REVIEW.—A 25 to request a hearing under this paragraph person eligible BAI20215 S.L.C. 433 1 and seeking judicial review of a final ad- 2 ministrative order issued under this sub- 3 section shall file such request for judicial 4 review not later than 60 calendar days 5 after the latest of— 6 7 ‘‘(I) the date on which notice of such order is published; 8 ‘‘(II) the date on which a hearing 9 with respect to such order is denied 10 under subparagraph (B) or (C)(i); 11 ‘‘(III) the date on which a final 12 decision is made following a hearing 13 under subparagraph (C)(v); or 14 ‘‘(IV) if no hearing is requested, 15 the date on which the time for re- 16 questing a hearing expires. 17 ‘‘(4) EXPEDITED PROCEDURE WITH RESPECT 18 TO ADMINISTRATIVE ORDERS INITIATED BY THE 19 SECRETARY.— 20 21 22 ‘‘(A) IMMINENT HAZARD TO THE PUBLIC HEALTH.— ‘‘(i) IN GENERAL.—In the case of a 23 determination by the Secretary that a 24 drug, class of drugs, or combination of 25 drugs subject to this section poses an im- BAI20215 S.L.C. 434 1 minent hazard to the public health, the 2 Secretary, after first making reasonable ef- 3 forts to notify, not later than 48 hours be- 4 fore issuance of such order under this sub- 5 paragraph, sponsors who have a listing in 6 effect under section 510(j) for such drug 7 or combination of drugs— 8 ‘‘(I) may issue an interim final 9 administrative order for such drug, 10 class of drugs, or combination of 11 drugs under paragraph (1), together 12 with a detailed statement of the rea- 13 sons for such order; 14 ‘‘(II) shall publish in the Federal 15 Register a notice of availability of any 16 such order; and 17 ‘‘(III) shall provide for a public 18 comment period of at least 45 cal- 19 endar days with respect to such in- 20 terim final order. 21 ‘‘(ii) NONDELEGATION.—The Sec- 22 retary may not delegate the authority to 23 issue an interim final administrative order 24 under this subparagraph. 25 ‘‘(B) SAFETY LABELING CHANGES.— BAI20215 S.L.C. 435 1 ‘‘(i) IN GENERAL.—In the case of a 2 determination by the Secretary that a 3 change in the labeling of a drug, class of 4 drugs, or combination of drugs subject to 5 this section is reasonably expected to miti- 6 gate a significant or unreasonable risk of 7 a serious adverse event associated with use 8 of the drug, the Secretary may— 9 ‘‘(I) make reasonable efforts to 10 notify informally, not later than 48 11 hours before the issuance of the in- 12 terim final order, the sponsors of 13 drugs who have a listing in effect 14 under section 510(j) for such drug or 15 combination of drugs; 16 ‘‘(II) after reasonable efforts of 17 notification, issue an interim final ad- 18 ministrative order in accordance with 19 paragraph (1) to require such change, 20 together with a detailed statement of 21 the reasons for such order; 22 ‘‘(III) publish in the Federal 23 Register a notice of availability of 24 such order; and BAI20215 S.L.C. 436 1 ‘‘(IV) provide for a public com- 2 ment period of at least 45 calendar 3 days with respect to such interim final 4 order. 5 ‘‘(ii) CONTENT OF ORDER.—An in- 6 terim final order issued under this sub- 7 paragraph with respect to the labeling of a 8 drug may provide for new warnings and 9 other information required for safe use of 10 the drug. 11 ‘‘(C) EFFECTIVE DATE.—An order under 12 subparagraph (A) or (B) shall take effect on a 13 date specified by the Secretary. 14 ‘‘(D) FINAL ORDER.—After the completion 15 of the proceedings in subparagraph (A) or (B), 16 the Secretary shall— 17 18 ‘‘(i) issue a final order in accordance with paragraph (1); 19 ‘‘(ii) publish a notice of availability of 20 such final administrative order in the Fed- 21 eral Register; and 22 ‘‘(iii) afford sponsors of such drugs 23 that will be subject to such an order the 24 opportunity for formal dispute resolution 25 up to the level of the Director of the Cen- BAI20215 S.L.C. 437 1 ter for Drug Evaluation and Research, 2 which must initially be within 45 calendar 3 days of the issuance of the order, and for 4 subsequent levels of appeal, within 30 cal- 5 endar days of the prior decision. 6 ‘‘(E) HEARINGS.—A sponsor of a drug 7 subject to a final order issued under subpara- 8 graph (D) and that participated in each stage 9 of formal dispute resolution under clause (iii) of 10 such subparagraph may request a hearing on 11 such order. The provisions of subparagraphs 12 (A), (B), and (C) of paragraph (3), other than 13 paragraph (3)(C)(v)(II), shall apply with re- 14 spect to a hearing on such order in the same 15 manner and to the same extent as such provi- 16 sions apply with respect to a hearing on an ad- 17 ministrative order issued under paragraph 18 (2)(A)(iv). 19 ‘‘(F) TIMING.— 20 ‘‘(i) FINAL 21 The Secretary shall— ORDER AND HEARING.— 22 ‘‘(I) not later than 6 months 23 after the date on which the comment 24 period closes under subparagraph (A) BAI20215 S.L.C. 438 1 or (B), issue a final order in accord- 2 ance with paragraph (1); and 3 ‘‘(II) not later than 12 months 4 after the date on which such final 5 order is issued, complete any hearing 6 under subparagraph (E). 7 ‘‘(ii) 8 QUEST.—The 9 interim final order issued under subpara- 10 graph (A) or (B) such shorter periods for 11 requesting dispute resolution under sub- 12 paragraph (D)(iii) as are necessary to 13 meet the requirements of this subpara- 14 graph. 15 ‘‘(G) JUDICIAL DISPUTE RESOLUTION RE- Secretary shall specify in an REVIEW.—A final order 16 issued pursuant to subparagraph (F) shall be 17 subject to judicial review in accordance with 18 paragraph (3)(D). 19 ‘‘(5) ADMINISTRATIVE 20 21 ORDER INITIATED AT THE REQUEST OF A REQUESTOR.— ‘‘(A) IN GENERAL.—In issuing an adminis- 22 trative order under paragraph (1) at the re- 23 quest of a requestor with respect to certain 24 drugs, classes of drugs, or combinations of 25 drugs— BAI20215 S.L.C. 439 1 ‘‘(i) the Secretary shall, after receiv- 2 ing a request under this subparagraph, de- 3 termine whether the request is sufficiently 4 complete and formatted to permit a sub- 5 stantive review; 6 ‘‘(ii) if the Secretary determines that 7 the request is sufficiently complete and for- 8 matted to permit a substantive review, the 9 Secretary shall— 10 ‘‘(I) file the request; and 11 ‘‘(II) initiate proceedings with re- 12 spect to issuing an administrative 13 order in accordance with paragraphs 14 (2) and (3); and 15 ‘‘(iii) except as provided in paragraph 16 (6), if the Secretary determines that a re- 17 quest does not meet the requirements for 18 filing or is not sufficiently complete and 19 formatted to permit a substantive review, 20 the requestor may demand that the request 21 be filed over protest, and the Secretary 22 shall initiate proceedings to review the re- 23 quest in accordance with paragraph (2)(A). 24 ‘‘(B) 25 REQUEST CEEDINGS.— TO INITIATE PRO- BAI20215 S.L.C. 440 1 ‘‘(i) IN GENERAL.—A requestor seek- 2 ing an administrative order under para- 3 graph (1) with respect to certain drugs, 4 classes of drugs, or combinations of drugs, 5 shall submit to the Secretary a request to 6 initiate proceedings for such order in the 7 form and manner as specified by the Sec- 8 retary. Such requestor may submit a re- 9 quest under this subparagraph for the 10 issuance of an administrative order— 11 ‘‘(I) determining whether a drug 12 is generally recognized as safe and ef- 13 fective under section 201(p)(1), ex- 14 empt from section 503(b)(1), and not 15 required to be the subject of an ap- 16 proved application under section 505; 17 or 18 ‘‘(II) determining whether a 19 change to a condition of use of a drug 20 is generally recognized as safe and ef- 21 fective under section 201(p)(1), ex- 22 empt from section 503(b)(1), and not 23 required to be the subject of an ap- 24 proved application under section 505, BAI20215 S.L.C. 441 1 if, absent such a changed condition of 2 use, such drug is— 3 ‘‘(aa) generally recognized 4 as safe and effective under sec- 5 tion 201(p)(1) in accordance with 6 subsection (a)(1), (a)(2), or an 7 order under this subsection; or 8 ‘‘(bb) subject to subsection 9 (a)(3), but only if such requestor 10 initiates such request in conjunc- 11 tion with a request for the Sec- 12 retary to determine whether such 13 drug is generally recognized as 14 safe and effective under section 15 201(p)(1), which is filed by the 16 Secretary 17 (A)(ii). under subparagraph 18 ‘‘(ii) EXCEPTION.—The Secretary is 19 not required to complete review of a re- 20 quest for a change described in clause 21 (i)(II) if the Secretary determines that 22 there is an inadequate basis to find the 23 drug is generally recognized as safe and ef- 24 fective under section 201(p)(1) under para- BAI20215 S.L.C. 442 1 graph (1) and issues a final order an- 2 nouncing that determination. 3 ‘‘(iii) WITHDRAWAL.—The requestor 4 may withdraw a request under this para- 5 graph, according to the procedures set 6 forth pursuant to subsection (d)(2)(B). 7 Notwithstanding any other provision of 8 this section, if such request is withdrawn, 9 the Secretary may cease proceedings under 10 this subparagraph. 11 ‘‘(C) EXCLUSIVITY.— 12 ‘‘(i) IN GENERAL.—A final adminis- 13 trative order issued in response to a re- 14 quest under this section shall have the ef- 15 fect of authorizing solely the order re- 16 questor (or the licensees, assignees, or suc- 17 cessors in interest of such requestor with 18 respect to the subject of such order), for a 19 period of 18 months following the effective 20 date of such final order and beginning on 21 the date the requestor may lawfully market 22 such drugs pursuant to the order, to mar- 23 ket drugs— 24 25 ‘‘(I) incorporating changes described in clause (ii); and BAI20215 S.L.C. 443 1 ‘‘(II) subject to the limitations 2 under clause (iv). 3 ‘‘(ii) CHANGES DESCRIBED.—A 4 change described in this clause is a change 5 subject to an order specified in clause (i), 6 which— 7 ‘‘(I) provides for a drug to con- 8 tain an active ingredient (including 9 any ester or salt of the active ingre- 10 dient) not previously incorporated in a 11 drug described in clause (iii); or 12 ‘‘(II) provides for a change in the 13 conditions of use of a drug, for which 14 new human data studies conducted or 15 sponsored by the requestor (or for 16 which the requestor has an exclusive 17 right of reference) were essential to 18 the issuance of such order. 19 ‘‘(iii) DRUGS 20 21 22 23 24 DESCRIBED.—The drugs described in this clause are drugs— ‘‘(I) specified in subsection (a)(1), (a)(2), or (a)(3); ‘‘(II) subject to a final order issued under this section; BAI20215 S.L.C. 444 1 ‘‘(III) subject to a final sun- 2 screen order (as defined in section 3 586(2)(A)); or 4 ‘‘(IV) described in subsection 5 (m)(1), other than drugs subject to an 6 active enforcement action under chap- 7 ter III of this Act. 8 ‘‘(iv) 9 SIVITY.— 10 LIMITATIONS ‘‘(I) IN ON GENERAL.—Only EXCLU- one 18- 11 month period under this subpara- 12 graph shall be granted, under each 13 order described in clause (i), with re- 14 spect to changes (to the drug subject 15 to such order) which are either— 16 ‘‘(aa) changes described in 17 clause (ii)(I), relating to active 18 ingredients; or 19 ‘‘(bb) changes described in 20 clause (ii)(II), relating to condi- 21 tions of use. 22 ‘‘(II) NO EXCLUSIVITY 23 LOWED.—No 24 changes to a drug which are— AL- exclusivity shall apply to BAI20215 S.L.C. 445 1 ‘‘(aa) the subject of a Tier 2 2 OTC monograph order request 3 (as defined in section 744L); 4 ‘‘(bb) safety-related changes, 5 as defined by the Secretary, or 6 any other changes the Secretary 7 considers necessary to assure 8 safe use; or 9 ‘‘(cc) changes related to 10 methods of testing safety or effi- 11 cacy. 12 ‘‘(v) NEW HUMAN DATA STUDIES DE- 13 FINED.—In 14 ‘new human data studies’ means clinical 15 trials of safety or effectiveness (including 16 actual use studies), pharmacokinetics stud- 17 ies, or bioavailability studies, the results of 18 which— 19 20 this subparagraph, the term ‘‘(I) have not been relied on by the Secretary to support— 21 ‘‘(aa) a proposed or final de- 22 termination that a drug described 23 in subclause (I), (II), or (III) of 24 clause (iii) is generally recognized BAI20215 S.L.C. 446 1 as safe and effective under sec- 2 tion 201(p)(1); or 3 ‘‘(bb) approval of a drug 4 that was approved under section 5 505; and 6 ‘‘(II) do not duplicate the results 7 of another study that was relied on by 8 the Secretary to support— 9 ‘‘(aa) a proposed or final de- 10 termination that a drug described 11 in subclause (I), (II), or (III) of 12 clause (iii) is generally recognized 13 as safe and effective under sec- 14 tion 201(p)(1); or 15 ‘‘(bb) approval of a drug 16 that was approved under section 17 505. 18 ‘‘(vi) NOTIFICATION OF DRUG NOT 19 AVAILABLE FOR SALE.—A 20 is granted exclusivity with respect to a 21 drug under this subparagraph shall notify 22 the Secretary in writing within 1 year of 23 the issuance of the final administrative 24 order if the drug that is the subject of 25 such order will not be available for sale requestor that BAI20215 S.L.C. 447 1 within 1 year of the date of issuance of 2 such order. The requestor shall include 3 with such notice the— 4 ‘‘(I) identity of the drug by es- 5 tablished name and by proprietary 6 name, if any; 7 ‘‘(II) strength of the drug; 8 ‘‘(III) date on which the drug 9 will be available for sale, if known; 10 and 11 ‘‘(IV) reason for not marketing 12 the drug after issuance of the order. 13 ‘‘(6) INFORMATION REGARDING SAFE NON- 14 PRESCRIPTION MARKETING AND USE AS CONDITION 15 FOR FILING A GENERALLY RECOGNIZED AS SAFE 16 AND EFFECTIVE REQUEST.— 17 ‘‘(A) IN GENERAL.—In response to a re- 18 quest under this section that a drug described 19 in subparagraph (B) be generally recognized as 20 safe and effective, the Secretary— 21 ‘‘(i) may file such request, if the re- 22 quest includes information specified under 23 subparagraph (C) with respect to safe non- 24 prescription marketing and use of such 25 drug; or BAI20215 S.L.C. 448 1 ‘‘(ii) if the request fails to include in- 2 formation specified under subparagraph 3 (C), shall refuse to file such request and 4 require that nonprescription marketing of 5 the drug be pursuant to a new drug appli- 6 cation as described in subparagraph (D). 7 ‘‘(B) DRUG DESCRIBED.—A drug de- 8 scribed in this subparagraph is a nonprescrip- 9 tion drug which contains an active ingredient 10 not previously incorporated in a drug— 11 12 ‘‘(i) specified in subsection (a)(1), (a)(2), or (a)(3); 13 14 ‘‘(ii) subject to a final order under this section; or 15 ‘‘(iii) subject to a final sunscreen 16 order (as defined in section 586(2)(A)). 17 ‘‘(C) INFORMATION DEMONSTRATING 18 PRIMA 19 KETING 20 this subparagraph, with respect to a request de- 21 scribed in subparagraph (A)(i), is— FACIE AND SAFE NONPRESCRIPTION USE.—Information MAR- specified in 22 ‘‘(i) information sufficient for a prima 23 facie demonstration that the drug subject 24 to such request has a verifiable history of 25 being marketed and safely used by con- BAI20215 S.L.C. 449 1 sumers in the United States as a non- 2 prescription drug under comparable condi- 3 tions of use; 4 ‘‘(ii) if the drug has not been pre- 5 viously marketed in the United States as a 6 nonprescription drug, information suffi- 7 cient for a prima facie demonstration that 8 the drug was marketed and safely used 9 under comparable conditions of marketing 10 and use in a country listed in section 11 802(b)(1)(A) or designated by the Sec- 12 retary 13 802(b)(1)(B)— in accordance with section 14 ‘‘(I) for such period as needed to 15 provide reasonable assurances con- 16 cerning the safe nonprescription use 17 of the drug; and 18 ‘‘(II) during such time was sub- 19 ject to sufficient monitoring by a reg- 20 ulatory body considered acceptable by 21 the Secretary for such monitoring 22 purposes, including for adverse events 23 associated with nonprescription use of 24 the drug; or BAI20215 S.L.C. 450 1 ‘‘(iii) if the Secretary determines that 2 information described in clause (i) or (ii) is 3 not needed to provide a prima facie dem- 4 onstration that the drug can be safely mar- 5 keted and used as a nonprescription drug, 6 such other information the Secretary deter- 7 mines is sufficient for such purposes. 8 ‘‘(D) MARKETING 9 DRUG APPLICATION.—In PURSUANT TO NEW the case of a request 10 described in subparagraph (A)(ii), the drug 11 subject to such request may be resubmitted for 12 filing only if— 13 ‘‘(i) the drug is marketed as a non- 14 prescription drug, under conditions of use 15 comparable to the conditions specified in 16 the request, for such period as the Sec- 17 retary determines appropriate (not to ex- 18 ceed 5 consecutive years) pursuant to an 19 application approved under section 505; 20 and 21 ‘‘(ii) during such period, 1,000,000 22 retail packages of the drug, or an equiva- 23 lent quantity as determined by the Sec- 24 retary, were distributed for retail sale, as BAI20215 S.L.C. 451 1 determined in such manner as the Sec- 2 retary finds appropriate. 3 ‘‘(E) RULE OF APPLICATION.—Except in 4 the case of a request involving a drug described 5 in section 586(9), as in effect on January 1, 6 2017, if the Secretary refuses to file a request 7 under this paragraph, the requestor may not 8 file such request over protest under paragraph 9 (5)(A)(iii). 10 ‘‘(7) PACKAGING.—An administrative order 11 issued under paragraph (2), (4)(A), or (5) may in- 12 clude requirements for the packaging of a drug to 13 encourage use in accordance with labeling. Such re- 14 quirements may include unit dose packaging, re- 15 quirements for products intended for use by pedi- 16 atric populations, requirements to reduce risk of 17 harm from unsupervised ingestion, and other appro- 18 priate requirements. This paragraph does not au- 19 thorize the Food and Drug Administration to re- 20 quire standards or testing procedures as described in 21 part 1700 of title 16, Code of Federal Regulations. 22 ‘‘(8) FINAL AND TENTATIVE FINAL MONO- 23 GRAPHS FOR CATEGORY I DRUGS DEEMED FINAL 24 ADMINISTRATIVE ORDERS.— BAI20215 S.L.C. 452 1 ‘‘(A) IN GENERAL.—A final monograph or 2 tentative final monograph described in subpara- 3 graph (B) shall be deemed to be a final admin- 4 istrative order under this subsection and may 5 be amended, revoked, or otherwise modified in 6 accordance with the procedures of this sub- 7 section. 8 ‘‘(B) MONOGRAPHS DESCRIBED.—For pur- 9 poses of subparagraph (A), a final monograph 10 or tentative final monograph is described in this 11 subparagraph if it— 12 ‘‘(i) establishes conditions of use for a 13 drug described in paragraph (1) or (2) of 14 subsection (a); and 15 ‘‘(ii) represents the most recently pro- 16 mulgated version of such conditions, in- 17 cluding as modified, in whole or in part, by 18 any proposed or final rule. 19 ‘‘(C) DEEMED ORDERS INCLUDE HARMO- 20 NIZING 21 deemed establishment of a final administrative 22 order under subparagraph (A) shall be con- 23 strued to include any technical amendments to 24 such order as the Secretary determines nec- 25 essary to ensure that such order is appro- TECHNICAL AMENDMENTS.—The BAI20215 S.L.C. 453 1 priately harmonized, in terms of terminology or 2 cross-references, with the applicable provisions 3 of this Act (and regulations thereunder) and 4 any other orders issued under this section. 5 6 ‘‘(c) PROCEDURE FOR MINOR CHANGES.— ‘‘(1) IN GENERAL.—Minor changes in the dos- 7 age form of a drug that is described in paragraph 8 (1) or (2) of subsection (a) or the subject of an 9 order issued under subsection (b) may be made by 10 a requestor without the issuance of an order under 11 subsection (b) if— 12 ‘‘(A) the requestor maintains such infor- 13 mation as is necessary to demonstrate that the 14 change— 15 ‘‘(i) will not affect the safety or effec- 16 tiveness of the drug; and 17 ‘‘(ii) will not materially affect the ex- 18 tent of absorption or other exposure to the 19 active ingredient in comparison to a suit- 20 able reference product; and 21 ‘‘(B) the change is in conformity with the 22 requirements of an applicable administrative 23 order issued by the Secretary under paragraph 24 (3). 25 ‘‘(2) ADDITIONAL INFORMATION.— BAI20215 S.L.C. 454 1 ‘‘(A) ACCESS TO RECORDS.—A sponsor 2 shall submit records requested by the Secretary 3 relating to such a minor change under section 4 704(a)(4), within 15 business days of receiving 5 such a request, or such longer period as the 6 Secretary may provide. 7 ‘‘(B) INSUFFICIENT INFORMATION.—If the 8 Secretary determines that the information con- 9 tained in such records is not sufficient to dem- 10 onstrate that the change does not affect the 11 safety or effectiveness of the drug or materially 12 affect the extent of absorption or other expo- 13 sure to the active ingredient, the Secretary— 14 15 ‘‘(i) may so inform the sponsor of the drug in writing; and 16 ‘‘(ii) if the Secretary so informs the 17 sponsor, shall provide the sponsor of the 18 drug with a reasonable opportunity to pro- 19 vide additional information. 20 ‘‘(C) FAILURE TO SUBMIT SUFFICIENT IN- 21 FORMATION.—If 22 such additional information within a time pre- 23 scribed by the Secretary, or if the Secretary de- 24 termines that such additional information does 25 not demonstrate that the change does not— the sponsor fails to provide BAI20215 S.L.C. 455 1 2 ‘‘(i) affect the safety or effectiveness of the drug; or 3 ‘‘(ii) materially affect the extent of 4 absorption or other exposure to the active 5 ingredient in comparison to a suitable ref- 6 erence product, 7 the drug as modified is a new drug under sec- 8 tion 201(p) and shall be deemed to be mis- 9 branded under section 502(ee). 10 11 12 ‘‘(3) DETERMINING WHETHER A CHANGE WILL AFFECT SAFETY OR EFFECTIVENESS.— ‘‘(A) IN GENERAL.—The Secretary shall 13 issue one or more administrative orders speci- 14 fying requirements for determining whether a 15 minor change made by a sponsor pursuant to 16 this subsection will affect the safety or effective- 17 ness of a drug or materially affect the extent of 18 absorption or other exposure to an active ingre- 19 dient in the drug in comparison to a suitable 20 reference product, together with guidance for 21 applying those orders to specific dosage forms. 22 ‘‘(B) STANDARD PRACTICES.—The orders 23 and guidance issued by the Secretary under 24 subparagraph (A) shall take into account rel- 25 evant public standards and standard practices BAI20215 S.L.C. 456 1 for evaluating the quality of drugs, and may 2 take into account the special needs of popu- 3 lations, including children. 4 5 ‘‘(d) CONFIDENTIALITY MITTED TO THE 6 OF INFORMATION SUB- SECRETARY.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), 7 any information, including reports of testing con- 8 ducted on the drug or drugs involved, that is sub- 9 mitted by a requestor in connection with proceedings 10 on an order under this section (including any minor 11 change under subsection (c)) and is a trade secret 12 or 13 552(b)(4) of title 5, United States Code, or section 14 1905 of title 18, United States Code, shall not be 15 disclosed to the public unless the requestor consents 16 to that disclosure. 17 ‘‘(2) PUBLIC 18 ‘‘(A) IN 19 confidential information subject to section AVAILABILITY.— GENERAL.—Except as provided in subparagraph (B), the Secretary shall— 20 ‘‘(i) make any information submitted 21 by a requestor in support of a request 22 under subsection (b)(5)(A) available to the 23 public not later than the date on which the 24 proposed order is issued; and BAI20215 S.L.C. 457 1 ‘‘(ii) make any information submitted 2 by any other person with respect to an 3 order requested (or initiated by the Sec- 4 retary) under subsection (b), available to 5 the public upon such submission. 6 ‘‘(B) LIMITATIONS ON PUBLIC 7 ABILITY.—Information 8 graph (A) shall not be made public if— AVAIL- described in subpara- 9 ‘‘(i) the information pertains to phar- 10 maceutical quality information, unless such 11 information is necessary to establish stand- 12 ards under which a drug is generally rec- 13 ognized as safe and effective under section 14 201(p)(1); 15 ‘‘(ii) the information is submitted in a 16 requestor-initiated request, but the re- 17 questor withdraws such request, in accord- 18 ance with withdrawal procedures estab- 19 lished by the Secretary, before the Sec- 20 retary issues the proposed order; 21 ‘‘(iii) the Secretary requests and ob- 22 tains the information under subsection (c) 23 and such information is not submitted in 24 relation to an order under subsection (b); 25 or BAI20215 S.L.C. 458 1 2 3 ‘‘(iv) the information is of the type contained in raw datasets. ‘‘(e) UPDATES TO DRUG LISTING INFORMATION.— 4 A sponsor who makes a change to a drug subject to this 5 section shall submit updated drug listing information for 6 the drug in accordance with section 510(j) within 30 cal7 endar days of the date when the drug is first commercially 8 marketed, except that a sponsor who was the order re9 questor with respect to an order subject to subsection 10 (b)(5)(C) (or a licensee, assignee, or successor in interest 11 of such requestor) shall submit updated drug listing infor12 mation on or before the date when the drug is first com13 mercially marketed. 14 ‘‘(f) APPROVALS UNDER SECTION 505.—The provi- 15 sions of this section shall not be construed to preclude a 16 person from seeking or maintaining the approval of an ap17 plication for a drug under sections 505(b)(1), 505(b)(2), 18 and 505(j). A determination under this section that a drug 19 is not subject to section 503(b)(1), is generally recognized 20 as safe and effective under section 201(p)(1), and is not 21 a new drug under section 201(p) shall constitute a finding 22 that the drug is safe and effective that may be relied upon 23 for purposes of an application under section 505(b)(2), so 24 that the applicant shall be required to submit for purposes 25 of such application only information needed to support any BAI20215 S.L.C. 459 1 modification of the drug that is not covered by such deter2 mination under this section. 3 4 ‘‘(g) PUBLIC AVAILABILITY DERS.—The OF ADMINISTRATIVE OR- Secretary shall establish, maintain, update 5 (as determined necessary by the Secretary but no less fre6 quently than annually), and make publicly available, with 7 respect to orders issued under this section— 8 ‘‘(1) a repository of each final order and in- 9 terim final order in effect, including the complete 10 11 12 text of the order; and ‘‘(2) a listing of all orders proposed and under development under subsection (b)(2), including— 13 14 ‘‘(A) a brief description of each such order; and 15 ‘‘(B) the Secretary’s expectations, if re- 16 sources permit, for issuance of proposed orders 17 over a 3-year period. 18 ‘‘(h) DEVELOPMENT ADVICE 19 QUESTORS.—The TO SPONSORS OR RE - Secretary shall establish procedures 20 under which sponsors or requestors may meet with appro21 priate officials of the Food and Drug Administration to 22 obtain advice on the studies and other information nec23 essary to support submissions under this section and other 24 matters relevant to the regulation of nonprescription BAI20215 S.L.C. 460 1 drugs and the development of new nonprescription drugs 2 under this section. 3 4 ‘‘(i) PARTICIPATION OF MULTIPLE SPONSORS OR REQUESTORS.—The Secretary shall establish procedures to 5 facilitate efficient participation by multiple sponsors or re6 questors in proceedings under this section, including provi7 sion for joint meetings with multiple sponsors or reques8 tors or with organizations nominated by sponsors or re9 questors to represent their interests in a proceeding. 10 ‘‘(j) ELECTRONIC FORMAT.—All submissions under 11 this section shall be in electronic format. 12 13 14 ‘‘(k) EFFECT ERNING ON EXISTING REGULATIONS GOV- NONPRESCRIPTION DRUGS.— ‘‘(1) REGULATIONS OF GENERAL APPLICA- 15 BILITY TO NONPRESCRIPTION DRUGS.—Except 16 provided in this subsection, nothing in this section 17 supersedes regulations establishing general require- 18 ments for nonprescription drugs, including regula- 19 tions of general applicability contained in parts 201, 20 250, and 330 of title 21, Code of Federal Regula- 21 tions, or any successor regulations. The Secretary 22 shall establish or modify such regulations by means 23 of rulemaking in accordance with section 553 of title 24 5, United States Code. as BAI20215 S.L.C. 461 1 2 ‘‘(2) REGULATIONS ESTABLISHING REQUIRE- MENTS FOR SPECIFIC NONPRESCRIPTION DRUGS.— 3 ‘‘(A) The provisions of section 310.545 of 4 title 21, Code of Federal Regulations, as in ef- 5 fect on the day before the date of the enact- 6 ment of this section, shall be deemed to be a 7 final order under subsection (b). 8 ‘‘(B) Regulations in effect on the day be- 9 fore the date of the enactment of this section, 10 establishing requirements for specific non- 11 prescription drugs marketed pursuant to this 12 section (including such requirements in parts 13 201 and 250 of title 21, Code of Federal Regu- 14 lations), shall be deemed to be final orders 15 under subsection (b), only as they apply to 16 drugs— 17 18 19 20 21 ‘‘(i) subject to paragraph (1), (2), (3), or (4) of subsection (a); or ‘‘(ii) otherwise subject to an order under this section. ‘‘(3) WITHDRAWAL OF REGULATIONS.—The 22 Secretary shall withdraw regulations establishing 23 final monographs and the procedures governing the 24 over-the-counter drug review under part 330 and 25 other relevant parts of title 21, Code of Federal BAI20215 S.L.C. 462 1 Regulations (as in effect on the day before the date 2 of the enactment of this section), or make technical 3 changes to such regulations to ensure conformity 4 with appropriate terminology and cross references. 5 Notwithstanding subchapter II of chapter 5 of title 6 5, United States Code, any such withdrawal or tech- 7 nical changes shall be made without public notice 8 and comment and shall be effective upon publication 9 through notice in the Federal Register (or upon such 10 date as specified in such notice). 11 ‘‘(l) GUIDANCE.—The Secretary shall issue guidance 12 that specifies— 13 ‘‘(1) the procedures and principles for formal 14 meetings between the Secretary and sponsors or re- 15 questors for drugs subject to this section; 16 17 18 19 ‘‘(2) the format and content of data submissions to the Secretary under this section; ‘‘(3) the format of electronic submissions to the Secretary under this section; 20 ‘‘(4) consolidated proceedings for appeal and 21 the procedures for such proceedings where appro- 22 priate; and 23 ‘‘(5) for minor changes in drugs, recommenda- 24 tions on how to comply with the requirements in or- 25 ders issued under subsection (c)(3). BAI20215 S.L.C. 463 1 2 ‘‘(m) RULE OF CONSTRUCTION.— ‘‘(1) IN GENERAL.—This section shall not af- 3 fect the treatment or status of a nonprescription 4 drug— 5 ‘‘(A) that is marketed without an applica- 6 tion approved under section 505 as of the date 7 of the enactment of this section; 8 9 10 ‘‘(B) that is not subject to an order issued under this section; and ‘‘(C) to which paragraph (1), (2), (3), (4), 11 or (5) of subsection (a) do not apply. 12 ‘‘(2) TREATMENT OF PRODUCTS PREVIOUSLY 13 FOUND TO BE SUBJECT TO TIME AND EXTENT RE- 14 QUIREMENTS.— 15 ‘‘(A) Notwithstanding subsection (a), a 16 drug described in subparagraph (B) may only 17 be lawfully marketed, without an application 18 approved under section 505, pursuant to an 19 order issued under this section. 20 ‘‘(B) A drug described in this subpara- 21 graph is a drug which, prior to the date of the 22 enactment of this section, the Secretary deter- 23 mined in a proposed or final rule to be ineligible 24 for review under the OTC drug review (as such 25 phrase ‘OTC drug review’ was used in section BAI20215 S.L.C. 464 1 330.14 of title 21, Code of Federal Regulations, 2 as in effect on the day before the date of the 3 enactment of this section). 4 ‘‘(3) PRESERVATION OF AUTHORITY.— 5 ‘‘(A) Nothing in paragraph (1) shall be 6 construed to preclude or limit the applicability 7 of any provision of this Act other than this sec- 8 tion. 9 ‘‘(B) Nothing in subsection (a) shall be 10 construed to prohibit the Secretary from issuing 11 an order under this section finding a drug to be 12 not generally recognized as safe and effective 13 under section 201(p)(1), as the Secretary deter- 14 mines appropriate. 15 ‘‘(n) INVESTIGATIONAL NEW DRUGS.—A drug is not 16 subject to this section if an exemption for investigational 17 use under section 505(i) is in effect for such drug. 18 ‘‘(o) INAPPLICABILITY OF PAPERWORK REDUCTION 19 ACT.—Chapter 35 of title 44, United States Code, shall 20 not apply to collections of information made under this 21 section. 22 ‘‘(p) INAPPLICABILITY 23 RULEMAKING AND OF NOTICE AND COMMENT OTHER REQUIREMENTS.—The re- 24 quirements of subsection (b) shall apply with respect to 25 orders issued under this section instead of the require- BAI20215 S.L.C. 465 1 ments of subchapter II of chapter 5 of title 5, United 2 States Code. 3 ‘‘(q) DEFINITIONS.—In this section: 4 ‘‘(1) The term ‘nonprescription drug’ refers to 5 a drug not subject to the requirements of section 6 503(b)(1). 7 ‘‘(2) The term ‘sponsor’ refers to any person 8 marketing, manufacturing, or processing a drug 9 that— 10 11 ‘‘(A) is listed pursuant to section 510(j); and 12 ‘‘(B) is or will be subject to an administra- 13 tive order under this section of the Food and 14 Drug Administration. 15 ‘‘(3) The term ‘requestor’ refers to any person 16 or group of persons marketing, manufacturing, proc- 17 essing, or developing a drug.’’. 18 (b) GAO STUDY.—Not later than 4 years after the 19 date of enactment of this Act, the Comptroller General 20 of the United States shall submit a study to the Com21 mittee on Energy and Commerce of the House of Rep22 resentatives and the Committee on Health, Education, 23 Labor, and Pensions of the Senate addressing the effec24 tiveness and overall impact of exclusivity under section 25 505G of the Federal Food, Drug, and Cosmetic Act, as BAI20215 S.L.C. 466 1 added by subsection (a), and section 586C of such Act 2 (21 U.S.C. 360fff–3), including the impact of such exclu3 sivity on consumer access. Such study shall include— 4 (1) an analysis of the impact of exclusivity 5 under such section 505G for nonprescription drug 6 products, including— 7 (A) the number of nonprescription drug 8 products that were granted exclusivity and the 9 indication for which the nonprescription drug 10 products were determined to be generally recog- 11 nized as safe and effective; 12 13 (B) whether the exclusivity for such drug products was granted for— 14 (i) a new active ingredient (including 15 any ester or salt of the active ingredient); 16 or 17 (ii) changes in the conditions of use of 18 a drug, for which new human data studies 19 conducted or sponsored by the requestor 20 were essential; 21 (C) whether, and to what extent, the exclu- 22 sivity impacted the requestor’s or sponsor’s de- 23 cision to develop the drug product; BAI20215 S.L.C. 467 1 (D) an analysis of the implementation of 2 the exclusivity provision in such section 505G, 3 including— 4 5 (i) the resources used by the Food and Drug Administration; 6 (ii) the impact of such provision on 7 innovation, as well as research and devel- 8 opment in the nonprescription drug mar- 9 ket; 10 (iii) the impact of such provision on 11 competition in the nonprescription drug 12 market; 13 (iv) the impact of such provision on 14 consumer access to nonprescription drug 15 products; 16 (v) the impact of such provision on 17 the prices of nonprescription drug prod- 18 ucts; and 19 (vi) whether the administrative orders 20 initiated by requestors under such section 21 505G have been sufficient to encourage the 22 development of nonprescription drug prod- 23 ucts that would likely not be otherwise de- 24 veloped, or developed in as timely a man- 25 ner; and BAI20215 S.L.C. 468 1 (E) whether the administrative orders ini- 2 tiated by requestors under such section 505G 3 have been sufficient incentive to encourage in- 4 novation in the nonprescription drug market; 5 and 6 (2) an analysis of the impact of exclusivity 7 under such section 586C for sunscreen ingredients, 8 including— 9 (A) the number of sunscreen ingredients 10 that were granted exclusivity and the specific 11 ingredient that was determined to be generally 12 recognized as safe and effective; 13 (B) whether, and to what extent, the exclu- 14 sivity impacted the requestor’s or sponsor’s de- 15 cision to develop the sunscreen ingredient; 16 (C) whether, and to what extent, the sun- 17 screen ingredient granted exclusivity had pre- 18 viously been available outside of the United 19 States; 20 (D) an analysis of the implementation of 21 the exclusivity provision in such section 586C, 22 including— 23 24 (i) the resources used by the Food and Drug Administration; BAI20215 S.L.C. 469 1 (ii) the impact of such provision on 2 innovation, as well as research and devel- 3 opment in the sunscreen market; 4 5 6 7 8 9 (iii) the impact of such provision on competition in the sunscreen market; (iv) the impact of such provision on consumer access to sunscreen products; (v) the impact of such provision on the prices of sunscreen products; and 10 (vi) whether the administrative orders 11 initiated by requestors under such section 12 505G have been utilized by sunscreen in- 13 gredient sponsors and whether such proc- 14 ess has been sufficient to encourage the 15 development of sunscreen ingredients that 16 would likely not be otherwise developed, or 17 developed in as timely a manner; and 18 (E) whether the administrative orders ini- 19 tiated by requestors under such section 586C 20 have been sufficient incentive to encourage in- 21 novation in the sunscreen market. 22 (c) CONFORMING AMENDMENT.—Section 751(d)(1) 23 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 24 379r(d)(1)) is amended— 25 (1) in the matter preceding subparagraph (A)— BAI20215 S.L.C. 470 1 (A) by striking ‘‘final regulation promul- 2 gated’’ and inserting ‘‘final order under section 3 505G’’; and 4 (B) by striking ‘‘and not misbranded’’; and 5 (2) in subparagraph (A), by striking ‘‘regula- 6 tion in effect’’ and inserting ‘‘regulation or order in 7 effect’’. 8 SEC. 3852. MISBRANDING. 9 Section 502 of the Federal Food, Drug, and Cosmetic 10 Act (21 U.S.C. 352) is amended by adding at the end the 11 following: 12 ‘‘(ee) If it is a nonprescription drug that is subject 13 to section 505G, is not the subject of an application ap14 proved under section 505, and does not comply with the 15 requirements under section 505G. 16 ‘‘(ff) If it is a drug and it was manufactured, pre- 17 pared, propagated, compounded, or processed in a facility 18 for which fees have not been paid as required by section 19 744M.’’. 20 21 22 SEC. 3853. DRUGS EXCLUDED FROM THE OVER-THE- COUNTER DRUG REVIEW. (a) IN GENERAL.—Nothing in this Act (or the 23 amendments made by this Act) shall apply to any non24 prescription drug (as defined in section 505G(q) of the 25 Federal Food, Drug, and Cosmetic Act, as added by sec- BAI20215 S.L.C. 471 1 tion 3851 of this subtitle) which was excluded by the Food 2 and Drug Administration from the Over-the-Counter 3 Drug Review in accordance with the paragraph numbered 4 25 on page 9466 of volume 37 of the Federal Register, 5 published on May 11, 1972. 6 (b) RULE OF CONSTRUCTION.—Nothing in this sec- 7 tion shall be construed to preclude or limit the applica8 bility of any other provision of the Federal Food, Drug, 9 and Cosmetic Act (21 U.S.C. 301 et seq.). 10 SEC. 3854. TREATMENT OF SUNSCREEN INNOVATION ACT. 11 (a) REVIEW 12 TIVE INGREDIENTS.— 13 OF NONPRESCRIPTION SUNSCREEN AC- (1) APPLICABILITY 14 PENDING SUBMISSIONS.— 15 (A) IN OF SECTION GENERAL.—A 505G FOR sponsor of a non- 16 prescription sunscreen active ingredient or com- 17 bination of nonprescription sunscreen active in- 18 gredients that, as of the date of enactment of 19 this Act, is subject to a proposed sunscreen 20 order under section 586C of the Federal Food, 21 Drug, and Cosmetic Act (21 U.S.C. 360fff–3) 22 may elect, by means of giving written notifica- 23 tion to the Secretary of Health and Human 24 Services within 180 calendar days of the enact- 25 ment of this Act, to transition into the review BAI20215 S.L.C. 472 1 of such ingredient or combination of ingredients 2 pursuant to the process set out in section 505G 3 of the Federal Food, Drug, and Cosmetic Act, 4 as added by section 3851 of this subtitle. 5 (B) ELECTION EXERCISED.—Upon receipt 6 by the Secretary of Health and Human Services 7 of a timely notification under subparagraph 8 (A)— 9 (i) the proposed sunscreen order in- 10 volved is deemed to be a request for an 11 order under subsection (b) of section 505G 12 of the Federal Food, Drug, and Cosmetic 13 Act, as added by section 3851 of this sub- 14 title; and 15 (ii) such order is deemed to have been 16 accepted 17 (b)(6)(A)(i) of such section 505G. 18 (C) ELECTION for filing under subsection NOT EXERCISED.—If a noti- 19 fication under subparagraph (A) is not received 20 by the Secretary of Health and Human Services 21 within 180 calendar days of the date of enact- 22 ment of this Act, the review of the proposed 23 sunscreen order described in subparagraph 24 (A)— BAI20215 S.L.C. 473 1 (i) shall continue under section 586C 2 of the Federal Food, Drug, and Cosmetic 3 Act (21 U.S.C. 360fff–3); and 4 (ii) shall not be eligible for review 5 under section 505G, added by section 3851 6 of this subtitle. 7 (2) DEFINITIONS.—In this subsection, the 8 terms ‘‘sponsor’’, ‘‘nonprescription’’, ‘‘sunscreen ac- 9 tive ingredient’’, and ‘‘proposed sunscreen order’’ 10 have the meanings given to those terms in section 11 586 of the Federal Food, Drug, and Cosmetic Act 12 (21 U.S.C. 360fff). 13 (b) AMENDMENTS TO SUNSCREEN PROVISIONS.— 14 (1) FINAL SUNSCREEN ORDERS.—Paragraph 15 (3) of section 586C(e) of the Federal Food, Drug, 16 and Cosmetic Act (21 U.S.C. 360fff–3(e)) is amend- 17 ed to read as follows: 18 ‘‘(3) RELATIONSHIP TO ORDERS UNDER SEC- 19 TION 505G.—A 20 to be a final order under section 505G.’’. final sunscreen order shall be deemed 21 (2) MEETINGS.—Paragraph (7) of section 22 586C(b) of the Federal Food, Drug, and Cosmetic 23 Act (21 U.S.C. 360fff–3(b)) is amended— 24 25 (A) by striking ‘‘A sponsor may request’’ and inserting the following: BAI20215 S.L.C. 474 1 2 ‘‘(A) IN GENERAL.—A sponsor may re- quest’’; and 3 (B) by adding at the end the following: 4 ‘‘(B) CONFIDENTIAL MEETINGS.—A spon- 5 sor may request one or more confidential meet- 6 ings with respect to a proposed sunscreen order, 7 including a letter deemed to be a proposed sun- 8 screen order under paragraph (3), to discuss 9 matters relating to data requirements to sup- 10 port a general recognition of safety and effec- 11 tiveness involving confidential information and 12 public information related to such proposed 13 sunscreen order, as appropriate. The Secretary 14 shall convene a confidential meeting with such 15 sponsor in a reasonable time period. If a spon- 16 sor requests more than one confidential meeting 17 for the same proposed sunscreen order, the Sec- 18 retary may refuse to grant an additional con- 19 fidential meeting request if the Secretary deter- 20 mines that such additional confidential meeting 21 is not reasonably necessary for the sponsor to 22 advance its proposed sunscreen order, or if the 23 request for a confidential meeting fails to in- 24 clude sufficient information upon which to base 25 a substantive discussion. The Secretary shall BAI20215 S.L.C. 475 1 publish a post-meeting summary of each con- 2 fidential meeting under this subparagraph that 3 does not disclose confidential commercial infor- 4 mation or trade secrets. This subparagraph 5 does not authorize the disclosure of confidential 6 commercial information or trade secrets subject 7 to 552(b)(4) of title 5, United States Code, or 8 section 1905 of title 18, United States Code.’’. 9 (3) EXCLUSIVITY.—Section 586C of the Fed- 10 eral Food, Drug, and Cosmetic Act (21 U.S.C. 11 360fff–3) is amended by adding at the end the fol- 12 lowing: 13 ‘‘(f) EXCLUSIVITY.— 14 ‘‘(1) IN GENERAL.—A final sunscreen order 15 shall have the effect of authorizing solely the order 16 requestor (or the licensees, assignees, or successors 17 in interest of such requestor with respect to the sub- 18 ject of such request and listed under paragraph (5)) 19 for a period of 18 months, to market a sunscreen in- 20 gredient under this section incorporating changes 21 described in paragraph (2) subject to the limitations 22 under paragraph (4), beginning on the date the re- 23 questor (or any licensees, assignees, or successors in 24 interest of such requestor with respect to the subject 25 of such request and listed under paragraph (5)) may BAI20215 S.L.C. 476 1 lawfully market such sunscreen ingredient pursuant 2 to the order. 3 ‘‘(2) CHANGES DESCRIBED.—A change de- 4 scribed in this paragraph is a change subject to an 5 order specified in paragraph (1) that permits a sun- 6 screen to contain an active sunscreen ingredient not 7 previously incorporated in a marketed sunscreen list- 8 ed in paragraph (3). 9 ‘‘(3) MARKETED SUNSCREEN.—The marketed 10 sunscreen ingredients described in this paragraph 11 are sunscreen ingredients— 12 ‘‘(A) marketed in accordance with a final 13 monograph for sunscreen drug products set 14 forth at part 352 of title 21, Code of Federal 15 Regulations (as published at 64 Fed. Reg. 16 27687); or 17 ‘‘(B) marketed in accordance with a final 18 order issued under this section. 19 ‘‘(4) LIMITATIONS ON EXCLUSIVITY.—Only one 20 18-month period may be granted per ingredient 21 under paragraph (1). 22 ‘‘(5) LISTING OF LICENSEES, ASSIGNEES, OR 23 SUCCESSORS IN INTEREST.—Requestors 24 to the Secretary at the time when a drug subject to 25 such request is introduced or delivered for introduc- shall submit BAI20215 S.L.C. 477 1 tion into interstate commerce, a list of licensees, as- 2 signees, or successors in interest under paragraph 3 (1).’’. 4 (4) SUNSET PROVISION.—Subchapter I of chap- 5 ter V of the Federal Food, Drug, and Cosmetic Act 6 (21 U.S.C. 360fff et seq.) is amended by adding at 7 the end the following: 8 9 ‘‘SEC. 586H. SUNSET. ‘‘This subchapter shall cease to be effective at the end 10 of fiscal year 2022.’’. 11 (5) 12 ORDER.—The 13 Act is amended by striking section 586E of such Act 14 (21 U.S.C. 360fff–5). 15 (c) TREATMENT 16 17 IZATION OF TREATMENT OF FINAL SUNSCREEN Federal Food, Drug, and Cosmetic OF AUTHORITY REGARDING FINAL- SUNSCREEN MONOGRAPH.— (1) IN GENERAL.— 18 (A) 19 ORDER.—The 20 Services (referred to in this subsection as the 21 ‘‘Secretary’’) shall amend and revise the final 22 administrative order concerning nonprescription 23 sunscreen (referred to in this subsection as the 24 ‘‘sunscreen order’’) for which the content, prior 25 to the date of enactment of this Act, was rep- REVISION OF FINAL SUNSCREEN Secretary of Health and Human BAI20215 S.L.C. 478 1 resented by the final monograph for sunscreen 2 drug products set forth in part 352 of title 21, 3 Code of Federal Regulations (as in effect on 4 May 21, 1999). 5 (B) ISSUANCE OF REVISED SUNSCREEN 6 ORDER; EFFECTIVE DATE.—A 7 order described in subparagraph (A) shall be— 8 (i) issued in accordance with the pro- 9 cedures described in section 505G(b)(2) of 10 the Federal Food, Drug, and Cosmetic 11 Act; revised sunscreen 12 (ii) issued in proposed form not later 13 than 18 months after the date of enact- 14 ment of this Act; and 15 (iii) issued by the Secretary at least 1 16 year prior to the effective date of the re- 17 vised order. 18 (2) REPORTS.—If a revised sunscreen order 19 issued under paragraph (1) does not include provi- 20 sions related to the effectiveness of various sun pro- 21 tection factor levels, and does not address all dosage 22 forms known to the Secretary to be used in sun- 23 screens marketed in the United States without a 24 new drug application approved under section 505 of 25 the Federal Food, Drug, and Cosmetic Act (21 BAI20215 S.L.C. 479 1 U.S.C. 355), the Secretary shall submit a report to 2 the Committee on Energy and Commerce of the 3 House of Representatives and the Committee on 4 Health, Education, Labor, and Pensions of the Sen- 5 ate on the rationale for omission of such provisions 6 from such order, and a plan and timeline to compile 7 any information necessary to address such provisions 8 through such order. 9 (d) TREATMENT OF NON-SUNSCREEN TIME AND EX- 10 11 TENT APPLICATIONS.— (1) IN GENERAL.—Any application described in 12 section 586F of the Federal Food, Drug, and Cos- 13 metic Act (21 U.S.C. 360fff–6) that was submitted 14 to the Secretary pursuant to section 330.14 of title 15 21, Code of Federal Regulations, as such provisions 16 were in effect immediately prior to the date of enact- 17 ment date of this Act, shall be extinguished as of 18 such date of enactment, subject to paragraph (2). 19 (2) ORDER REQUEST.—Nothing in paragraph 20 (1) precludes the submission of an order request 21 under section 505G(b) of the Federal Food, Drug, 22 and Cosmetic Act, as added by section 3851 of this 23 subtitle, with respect to a drug that was the subject 24 of an application extinguished under paragraph (1). BAI20215 S.L.C. 480 1 SEC. 3855. ANNUAL UPDATE TO CONGRESS ON APPRO- 2 PRIATE PEDIATRIC INDICATION FOR CER- 3 TAIN OTC COUGH AND COLD DRUGS. 4 (a) IN GENERAL.—Subject to subsection (c), the Sec- 5 retary of Health and Human Services shall, beginning not 6 later than 1 year after the date of enactment of this Act, 7 annually submit to the Committee on Energy and Com8 merce of the House of Representatives and the Committee 9 on Health, Education, Labor, and Pensions of the Senate 10 a letter describing the progress of the Food and Drug Ad11 ministration— 12 (1) in evaluating the cough and cold monograph 13 described in subsection (b) with respect to children 14 under age 6; and 15 (2) as appropriate, revising such cough and cold 16 monograph to address such children through the 17 order process under section 505G(b) of the Federal 18 Food, Drug, and Cosmetic Act, as added by section 19 3851 of this subtitle. 20 (b) COUGH AND COLD MONOGRAPH DESCRIBED.— 21 The cough and cold monograph described in this sub22 section consists of the conditions under which nonprescrip23 tion drugs containing antitussive, expectorant, nasal de24 congestant, or antihistamine active ingredients (or com25 binations thereof) are generally recognized as safe and ef26 fective, as specified in part 341 of title 21, Code of Federal BAI20215 S.L.C. 481 1 Regulations (as in effect immediately prior to the date of 2 enactment of this Act), and included in an order deemed 3 to be established under section 505G(b) of the Federal 4 Food, Drug, and Cosmetic Act, as added by section 3851 5 of this subtitle. 6 (c) DURATION OF AUTHORITY.—The requirement 7 under subsection (a) shall terminate as of the date of a 8 letter submitted by the Secretary of Health and Human 9 Services pursuant to such subsection in which the Sec10 retary indicates that the Food and Drug Administration 11 has completed its evaluation and revised, in a final order, 12 as applicable, the cough and cold monograph as described 13 in subsection (a)(2). 14 15 SEC. 3856. TECHNICAL CORRECTIONS. (a) IMPORTS AND EXPORTS.—Section 16 801(e)(4)(E)(iii) of the Federal Food, Drug, and Cosmetic 17 Act (21 U.S.C. 381(e)(4)(E)(iii)) is amended by striking 18 ‘‘subparagraph’’ each place such term appears and insert19 ing ‘‘paragraph’’. 20 21 (b) FDA REAUTHORIZATION ACT OF 2017.— (1) IN GENERAL.—Section 905(b)(4) of the 22 FDA Reauthorization Act of 2017 (Public Law 115– 23 52) is amended by striking ‘‘Section 744H(e)(2)(B)’’ 24 and inserting ‘‘Section 744H(f)(2)(B)’’. BAI20215 S.L.C. 482 1 (2) EFFECTIVE DATE.—The amendment made 2 by paragraph (1) shall take effect as of the enact- 3 ment of the FDA Reauthorization Act of 2017 4 (Public Law 115–52). 5 6 7 PART II—USER FEES SEC. 3861. FINDING. The Congress finds that the fees authorized by the 8 amendments made in this part will be dedicated to OTC 9 monograph drug activities, as set forth in the goals identi10 fied for purposes of part 10 of subchapter C of chapter 11 VII of the Federal Food, Drug, and Cosmetic Act, in the 12 letters from the Secretary of Health and Human Services 13 to the Chairman of the Committee on Health, Education, 14 Labor, and Pensions of the Senate and the Chairman of 15 the Committee on Energy and Commerce of the House 16 of Representatives, as set forth in the Congressional 17 Record. 18 SEC. 3862. FEES RELATING TO OVER-THE-COUNTER DRUGS. 19 Subchapter C of chapter VII of the Federal Food, 20 Drug, and Cosmetic Act (21 U.S.C. 379f et seq.) is 21 amended by inserting after part 9 the following: 22 ‘‘PART 10—FEES RELATING TO OVER-THE- 23 COUNTER DRUGS 24 25 ‘‘SEC. 744L. DEFINITIONS. ‘‘In this part: BAI20215 S.L.C. 483 1 ‘‘(1) The term ‘affiliate’ means a business enti- 2 ty that has a relationship with a second business en- 3 tity if, directly or indirectly— 4 ‘‘(A) one business entity controls, or has 5 the power to control, the other business entity; 6 or 7 ‘‘(B) a third party controls, or has power 8 to control, both of the business entities. 9 ‘‘(2) The term ‘contract manufacturing organi- 10 zation facility’ means an OTC monograph drug facil- 11 ity where neither the owner of such manufacturing 12 facility nor any affiliate of such owner or facility 13 sells the OTC monograph drug produced at such fa- 14 cility directly to wholesalers, retailers, or consumers 15 in the United States. 16 ‘‘(3) The term ‘costs of resources allocated for 17 OTC monograph drug activities’ means the expenses 18 in connection with OTC monograph drug activities 19 for— 20 ‘‘(A) officers and employees of the Food 21 and Drug Administration, contractors of the 22 Food and Drug Administration, advisory com- 23 mittees, and costs related to such officers, em- 24 ployees, and committees and costs related to 25 contracts with such contractors; BAI20215 S.L.C. 484 1 ‘‘(B) management of information, and the 2 acquisition, maintenance, and repair of com- 3 puter resources; 4 ‘‘(C) leasing, maintenance, renovation, and 5 repair of facilities and acquisition, maintenance, 6 and repair of fixtures, furniture, scientific 7 equipment, and other necessary materials and 8 supplies; and 9 ‘‘(D) collecting fees under section 744M 10 and accounting for resources allocated for OTC 11 monograph drug activities. 12 ‘‘(4) The term ‘FDA establishment identifier’ is 13 the unique number automatically generated by Food 14 and Drug Administration’s Field Accomplishments 15 and Compliance Tracking System (FACTS) (or any 16 successor system). 17 ‘‘(5) The term ‘OTC monograph drug’ means a 18 nonprescription drug without an approved new drug 19 application which is governed by the provisions of 20 section 505G. 21 ‘‘(6) The term ‘OTC monograph drug activities’ 22 means activities of the Secretary associated with 23 OTC monograph drugs and inspection of facilities 24 associated with such products, including the fol- 25 lowing activities: BAI20215 S.L.C. 485 1 ‘‘(A) The activities necessary for review 2 and evaluation of OTC monographs and OTC 3 monograph order requests, including— 4 ‘‘(i) orders proposing or finalizing ap- 5 plicable conditions of use for OTC mono- 6 graph drugs; 7 ‘‘(ii) orders affecting status regarding 8 general recognition of safety and effective- 9 ness of an OTC monograph ingredient or 10 combination of ingredients under specified 11 conditions of use; 12 ‘‘(iii) all OTC monograph drug devel- 13 opment and review activities, including 14 intra-agency collaboration; 15 ‘‘(iv) regulation and policy develop- 16 ment activities related to OTC monograph 17 drugs; 18 ‘‘(v) development of product standards 19 for products subject to review and evalua- 20 tion; 21 22 ‘‘(vi) meetings referred to in section 505G(i); 23 ‘‘(vii) review of labeling prior to 24 issuance of orders related to OTC mono- 25 graph drugs or conditions of use; and BAI20215 S.L.C. 486 1 ‘‘(viii) regulatory science activities re- 2 lated to OTC monograph drugs. 3 ‘‘(B) Inspections related to OTC mono- 4 graph drugs. 5 ‘‘(C) Monitoring of clinical and other re- 6 search conducted in connection with OTC 7 monograph drugs. 8 9 ‘‘(D) Safety activities with respect to OTC monograph drugs, including— 10 ‘‘(i) collecting, developing, and review- 11 ing safety information on OTC monograph 12 drugs, including adverse event reports; 13 ‘‘(ii) developing and using improved 14 adverse event data-collection systems, in- 15 cluding information technology systems; 16 and 17 ‘‘(iii) developing and using improved 18 analytical tools to assess potential safety 19 risks, including access to external data- 20 bases. 21 ‘‘(E) Other activities necessary for imple- 22 mentation of section 505G. 23 ‘‘(7) The term ‘OTC monograph order request’ 24 means a request for an order submitted under sec- 25 tion 505G(b)(5). BAI20215 S.L.C. 487 1 ‘‘(8) The term ‘Tier 1 OTC monograph order 2 request’ means any OTC monograph order request 3 not determined to be a Tier 2 OTC monograph 4 order request. 5 ‘‘(9)(A) The term ‘Tier 2 OTC monograph 6 order request’ means, subject to subparagraph (B), 7 an OTC monograph order request for— 8 ‘‘(i) the reordering of existing information 9 in the drug facts label of an OTC monograph 10 drug; 11 ‘‘(ii) the addition of information to the 12 other information section of the drug facts label 13 of an OTC monograph drug, as limited by sec- 14 tion 201.66(c)(7) of title 21, Code of Federal 15 Regulations (or any successor regulations); 16 ‘‘(iii) modification to the directions for use 17 section of the drug facts label of an OTC mono- 18 graph drug, if such changes conform to changes 19 made pursuant to section 505G(c)(3)(A); 20 ‘‘(iv) the standardization of the concentra- 21 tion or dose of a specific finalized ingredient 22 within a particular finalized monograph; 23 ‘‘(v) a change to ingredient nomenclature 24 to align with nomenclature of a standards-set- 25 ting organization; or BAI20215 S.L.C. 488 1 ‘‘(vi) addition of an interchangeable term 2 in accordance with section 330.1 of title 21, 3 Code of Federal Regulations (or any successor 4 regulations). 5 ‘‘(B) The Secretary may, based on program im- 6 plementation experience or other factors found ap- 7 propriate by the Secretary, characterize any OTC 8 monograph order request as a Tier 2 OTC mono- 9 graph order request (including recharacterizing a re- 10 quest from Tier 1 to Tier 2) and publish such deter- 11 mination in a proposed order issued pursuant to sec- 12 tion 505G. 13 ‘‘(10)(A) The term ‘OTC monograph drug facil- 14 ity’ means a foreign or domestic business or other 15 entity that— 16 17 18 ‘‘(i) is— ‘‘(I) under one management, either direct or indirect; and 19 ‘‘(II) at one geographic location or ad- 20 dress engaged in manufacturing or proc- 21 essing the finished dosage form of an OTC 22 monograph drug; 23 ‘‘(ii) includes a finished dosage form man- 24 ufacturer facility in a contractual relationship 25 with the sponsor of one or more OTC mono- BAI20215 S.L.C. 489 1 graph drugs to manufacture or process such 2 drugs; and 3 ‘‘(iii) does not include a business or other 4 entity whose only manufacturing or processing 5 activities are one or more of the following: pro- 6 duction of clinical research supplies, testing, or 7 placement of outer packaging on packages con- 8 taining multiple products, for such purposes as 9 creating multipacks, when each monograph 10 drug product contained within the overpack- 11 aging is already in a final packaged form prior 12 to placement in the outer overpackaging. 13 ‘‘(B) For purposes of subparagraph (A)(i)(II), 14 separate buildings or locations within close proximity 15 are considered to be at one geographic location or 16 address if the activities conducted in such buildings 17 or locations are— 18 19 20 21 ‘‘(i) closely related to the same business enterprise; ‘‘(ii) under the supervision of the same local management; and 22 ‘‘(iii) under a single FDA establishment 23 identifier and capable of being inspected by the 24 Food and Drug Administration during a single 25 inspection. BAI20215 S.L.C. 490 1 ‘‘(C) If a business or other entity would meet 2 criteria specified in subparagraph (A), but for being 3 under multiple management, the business or other 4 entity is deemed to constitute multiple facilities, one 5 per management entity, for purposes of this para- 6 graph. 7 ‘‘(11) The term ‘OTC monograph drug meet- 8 ing’ means any meeting regarding the content of a 9 proposed OTC monograph order request. 10 11 12 ‘‘(12) The term ‘person’ includes an affiliate of a person. ‘‘(13) The terms ‘requestor’ and ‘sponsor’ have 13 the meanings given such terms in section 505G. 14 ‘‘SEC. 744M. AUTHORITY TO ASSESS AND USE OTC MONO- 15 16 GRAPH FEES. ‘‘(a) TYPES OF FEES.—Beginning with fiscal year 17 2021, the Secretary shall assess and collect fees in accord18 ance with this section as follows: 19 ‘‘(1) FACILITY 20 ‘‘(A) IN FEE.— GENERAL.—Each person that 21 owns a facility identified as an OTC monograph 22 drug facility on December 31 of the fiscal year 23 or at any time during the preceding 12-month 24 period shall be assessed an annual fee for each BAI20215 S.L.C. 491 1 such facility as determined under subsection 2 (c). 3 ‘‘(B) EXCEPTIONS.— 4 ‘‘(i) FACILITIES THAT CEASE ACTIVI- 5 TIES.—A 6 subparagraph (A) if the identified OTC 7 monograph drug facility— fee shall not be assessed under 8 ‘‘(I) has ceased all activities re- 9 lated to OTC monograph drugs prior 10 to December 31 of the year imme- 11 diately preceding the applicable fiscal 12 year; and 13 ‘‘(II) has updated its registration 14 to reflect such change under the re- 15 quirements for drug establishment 16 registration set forth in section 510. 17 ‘‘(ii) CONTRACT MANUFACTURING OR- 18 GANIZATIONS.—The 19 a contract manufacturing organization fa- 20 cility shall be equal to two-thirds of the 21 amount of the fee for an OTC monograph 22 drug facility that is not a contract manu- 23 facturing organization facility. amount of the fee for BAI20215 S.L.C. 492 1 ‘‘(C) AMOUNT.—The amount of fees estab- 2 lished under subparagraph (A) shall be estab- 3 lished under subsection (c). 4 5 ‘‘(D) DUE DATE.— ‘‘(i) FOR FIRST PROGRAM YEAR.—For 6 fiscal year 2021, the facility fees required 7 under subparagraph (A) shall be due on 8 the later of— 9 10 ‘‘(I) the first business day of July of 2020; or 11 ‘‘(II) 45 calendar days after pub- 12 lication of the Federal Register notice 13 provided 14 (c)(4)(A). 15 ‘‘(ii) SUBSEQUENT for under subsection FISCAL YEARS.— 16 For each fiscal year after fiscal year 2021, 17 the facility fees required under subpara- 18 graph (A) shall be due on the later of— 19 20 ‘‘(I) the first business day of June of such year; or 21 ‘‘(II) the first business day after 22 the enactment of an appropriations 23 Act providing for the collection and 24 obligation of fees under this section 25 for such year. BAI20215 S.L.C. 493 1 2 3 ‘‘(2) OTC MONOGRAPH ORDER REQUEST FEE.— ‘‘(A) IN GENERAL.—Each person that sub- 4 mits an OTC monograph order request shall be 5 subject to a fee for an OTC monograph order 6 request. The amount of such fee shall be— 7 ‘‘(i) for a Tier 1 OTC monograph 8 order request, $500,000, adjusted for in- 9 flation for the fiscal year (as determined 10 under subsection (c)(1)(B)); and 11 ‘‘(ii) for a Tier 2 OTC monograph 12 order request, $100,000, adjusted for in- 13 flation for the fiscal year (as determined 14 under subsection (c)(1)(B)). 15 ‘‘(B) DUE DATE.—The OTC monograph 16 order request fees required under subparagraph 17 (A) shall be due on the date of submission of 18 the OTC monograph order request. 19 ‘‘(C) EXCEPTION FOR CERTAIN SAFETY 20 CHANGES.—A 21 questor in an OTC monograph order shall not 22 be subject to a fee under subparagraph (A) if 23 the Secretary finds that the OTC monograph 24 order request seeks to change the drug facts la- person who is named as the re- BAI20215 S.L.C. 494 1 beling of an OTC monograph drug in a way 2 that would add to or strengthen— 3 4 ‘‘(i) a contraindication, warning, or precaution; 5 6 ‘‘(ii) a statement about risk associated with misuse or abuse; or 7 ‘‘(iii) an instruction about dosage and 8 administration that is intended to increase 9 the safe use of the OTC monograph drug. 10 ‘‘(D) REFUND OF FEE IF ORDER REQUEST 11 IS RECATEGORIZED AS A TIER 2 OTC MONO- 12 GRAPH ORDER REQUEST.—If 13 termines that an OTC monograph request ini- 14 tially characterized as Tier 1 shall be re-charac- 15 terized as a Tier 2 OTC monograph order re- 16 quest, and the requestor has paid a Tier 1 fee 17 in accordance with subparagraph (A)(i), the 18 Secretary shall refund the requestor the dif- 19 ference between the Tier 1 and Tier 2 fees de- 20 termined 21 (A)(ii), respectively. 22 ‘‘(E) REFUND under the Secretary de- subparagraphs (A)(i) and OF FEE IF ORDER REQUEST 23 REFUSED FOR FILING OR WITHDRAWN BEFORE 24 FILING.—The 25 of the fee paid under subparagraph (B) for any Secretary shall refund 75 percent BAI20215 S.L.C. 495 1 order request which is refused for filing or was 2 withdrawn before being accepted or refused for 3 filing. 4 ‘‘(F) FEES FOR ORDER REQUESTS PRE- 5 VIOUSLY REFUSED FOR FILING OR WITHDRAWN 6 BEFORE FILING.—An 7 request that was submitted but was refused for 8 filing, or was withdrawn before being accepted 9 or refused for filing, shall be subject to the full 10 fee under subparagraph (A) upon being resub- 11 mitted or filed over protest. 12 ‘‘(G) REFUND OTC monograph order OF FEE IF ORDER REQUEST 13 WITHDRAWN.—If 14 after the order request was filed, the Secretary 15 may refund the fee or a portion of the fee if no 16 substantial work was performed on the order 17 request after the application was filed. The Sec- 18 retary shall have the sole discretion to refund a 19 fee or a portion of the fee under this subpara- 20 graph. A determination by the Secretary con- 21 cerning a refund under this subparagraph shall 22 not be reviewable. 23 ‘‘(3) REFUNDS.— 24 ‘‘(A) IN 25 an order request is withdrawn GENERAL.—Other than refunds provided pursuant to any of subparagraphs (D) BAI20215 S.L.C. 496 1 through (G) of paragraph (2), the Secretary 2 shall not refund any fee paid under paragraph 3 (1) except as provided in subparagraph (B). 4 ‘‘(B) DISPUTES CONCERNING FEES.—To 5 qualify for the return of a fee claimed to have 6 been paid in error under paragraph (1) or (2), 7 a person shall submit to the Secretary a written 8 request justifying such return within 180 cal- 9 endar days after such fee was paid. 10 ‘‘(4) NOTICE.—Within the timeframe specified 11 in subsection (c), the Secretary shall publish in the 12 Federal Register the amount of the fees under para- 13 graph (1) for such fiscal year. 14 ‘‘(b) FEE REVENUE AMOUNTS.— 15 ‘‘(1) FISCAL YEAR 2021.—For fiscal year 2021, 16 fees under subsection (a)(1) shall be established to 17 generate a total facility fee revenue amount equal to 18 the sum of— 19 ‘‘(A) the annual base revenue for fiscal 20 year 2021 (as determined under paragraph 21 (3)); 22 ‘‘(B) the dollar amount equal to the oper- 23 ating reserve adjustment for the fiscal year, if 24 applicable (as determined under subsection 25 (c)(2)); and BAI20215 S.L.C. 497 1 ‘‘(C) additional direct cost adjustments (as 2 determined under subsection (c)(3)). 3 ‘‘(2) SUBSEQUENT FISCAL YEARS.—For each of 4 the fiscal years 2022 through 2025, fees under sub- 5 section (a)(1) shall be established to generate a total 6 facility fee revenue amount equal to the sum of— 7 8 ‘‘(A) the annual base revenue for the fiscal year (as determined under paragraph (3)); 9 ‘‘(B) the dollar amount equal to the infla- 10 tion adjustment for the fiscal year (as deter- 11 mined under subsection (c)(1)); 12 ‘‘(C) the dollar amount equal to the oper- 13 ating reserve adjustment for the fiscal year, if 14 applicable (as determined under subsection 15 (c)(2)); 16 17 18 19 ‘‘(D) additional direct cost adjustments (as determined under subsection (c)(3)); and ‘‘(E) additional dollar amounts for each fiscal year as follows: 20 ‘‘(i) $7,000,000 for fiscal year 2022. 21 ‘‘(ii) $6,000,000 for fiscal year 2023. 22 ‘‘(iii) $7,000,000 for fiscal year 2024. 23 ‘‘(iv) $3,000,000 for fiscal year 2025. 24 25 ‘‘(3) ANNUAL BASE REVENUE.—For purposes of paragraphs (1)(A) and (2)(A), the dollar amount BAI20215 S.L.C. 498 1 of the annual base revenue for a fiscal year shall 2 be— 3 ‘‘(A) for fiscal year 2021, $8,000,000; and 4 ‘‘(B) for fiscal years 2022 through 2025, 5 the dollar amount of the total revenue amount 6 established under this subsection for the pre- 7 vious fiscal year, not including any adjustments 8 made under subsection (c)(2) or (c)(3). 9 10 11 ‘‘(c) ADJUSTMENTS; ANNUAL FEE SETTING.— ‘‘(1) INFLATION ‘‘(A) IN ADJUSTMENT.— GENERAL.—For purposes of sub- 12 section (b)(2)(B), the dollar amount of the in- 13 flation adjustment to the annual base revenue 14 for fiscal year 2022 and each subsequent fiscal 15 year shall be equal to the product of— 16 17 18 ‘‘(i) such annual base revenue for the fiscal year under subsection (b)(2); and ‘‘(ii) the inflation adjustment percent- 19 age under subparagraph (C). 20 ‘‘(B) OTC MONOGRAPH ORDER REQUEST 21 FEES.—For 22 dollar amount of the inflation adjustment to the 23 fee for OTC monograph order requests for fis- 24 cal year 2022 and each subsequent fiscal year 25 shall be equal to the product of— purposes of subsection (a)(2), the BAI20215 S.L.C. 499 1 ‘‘(i) the applicable fee under sub- 2 section (a)(2) for the preceding fiscal year; 3 and 4 ‘‘(ii) the inflation adjustment percent- 5 age under subparagraph (C). 6 ‘‘(C) INFLATION ADJUSTMENT PERCENT- 7 AGE.—The 8 under this subparagraph for a fiscal year is 9 equal to— inflation adjustment percentage 10 ‘‘(i) for each of fiscal years 2022 and 11 2023, the average annual percent change 12 that occurred in the Consumer Price Index 13 for urban consumers (Washington-Balti- 14 more, DC–MD–VA–WV; Not Seasonally 15 Adjusted; All items; Annual Index) for the 16 first 3 years of the preceding 4 years of 17 available data; and 18 19 ‘‘(ii) for each of fiscal years 2024 and 2025, the sum of— 20 ‘‘(I) the average annual percent 21 change in the cost, per full-time equiv- 22 alent position of the Food and Drug 23 Administration, of all personnel com- 24 pensation and benefits paid with re- 25 spect to such positions for the first 3 BAI20215 S.L.C. 500 1 years of the preceding 4 fiscal years, 2 multiplied by the proportion of per- 3 sonnel 4 costs to total costs of OTC mono- 5 graph drug activities for the first 3 6 years of the preceding 4 fiscal years; 7 and compensation and benefits 8 ‘‘(II) the average annual percent 9 change that occurred in the Consumer 10 Price Index for urban consumers 11 (Washington-Baltimore, DC–MD–VA– 12 WV; Not Seasonally Adjusted; All 13 items; Annual Index) for the first 3 14 years of the preceding 4 years of 15 available data multiplied by the pro- 16 portion of all costs other than per- 17 sonnel 18 costs to total costs of OTC mono- 19 graph drug activities for the first 3 20 years of the preceding 4 fiscal years. 21 ‘‘(2) OPERATING 22 ‘‘(A) IN compensation and benefits RESERVE ADJUSTMENT.— GENERAL.—For fiscal year 2021 23 and subsequent fiscal years, for purposes of 24 subsections (b)(1)(B) and (b)(2)(C), the Sec- 25 retary may, in addition to adjustments under BAI20215 S.L.C. 501 1 paragraph (1), further increase the fee revenue 2 and fees if such an adjustment is necessary to 3 provide operating reserves of carryover user 4 fees for OTC monograph drug activities for not 5 more than the number of weeks specified in 6 subparagraph (B). 7 ‘‘(B) NUMBER 8 OF WEEKS.—The number of weeks specified in this subparagraph is— 9 ‘‘(i) 3 weeks for fiscal year 2021; 10 ‘‘(ii) 7 weeks for fiscal year 2022; 11 ‘‘(iii) 10 weeks for fiscal year 2023; 12 ‘‘(iv) 10 weeks for fiscal year 2024; 13 and 14 ‘‘(v) 10 weeks for fiscal year 2025. 15 ‘‘(C) DECREASE.—If the Secretary has 16 carryover balances for such process in excess of 17 10 weeks of the operating reserves referred to 18 in subparagraph (A), the Secretary shall de- 19 crease the fee revenue and fees referred to in 20 such subparagraph to provide for not more than 21 10 weeks of such operating reserves. 22 ‘‘(D) RATIONALE FOR ADJUSTMENT.—If 23 an adjustment under this paragraph is made, 24 the rationale for the amount of the increase or 25 decrease (as applicable) in fee revenue and fees BAI20215 S.L.C. 502 1 shall be contained in the annual Federal Reg- 2 ister notice under paragraph (4) establishing 3 fee revenue and fees for the fiscal year involved. 4 ‘‘(3) ADDITIONAL DIRECT COST ADJUST- 5 MENT.—The 6 ments under paragraphs (1) and (2), further in- 7 crease the fee revenue and fees for purposes of sub- 8 section (b)(2)(D) by an amount equal to— Secretary shall, in addition to adjust- 9 ‘‘(A) $14,000,000 for fiscal year 2021; 10 ‘‘(B) $7,000,000 for fiscal year 2022; 11 ‘‘(C) $4,000,000 for fiscal year 2023; 12 ‘‘(D) $3,000,000 for fiscal year 2024; and 13 ‘‘(E) $3,000,000 for fiscal year 2025. 14 15 ‘‘(4) ANNUAL FEE SETTING.— ‘‘(A) FISCAL YEAR 2021.—The Secretary 16 shall, not later than the second Monday in May 17 of 2020— 18 ‘‘(i) establish OTC monograph drug 19 facility fees for fiscal year 2021 under sub- 20 section (a), based on the revenue amount 21 for such year under subsection (b) and the 22 adjustments provided under this sub- 23 section; and BAI20215 S.L.C. 503 1 ‘‘(ii) publish fee revenue, facility fees, 2 and OTC monograph order requests in the 3 Federal Register. 4 ‘‘(B) SUBSEQUENT FISCAL YEARS.—The 5 Secretary shall, for each fiscal year that begins 6 after September 30, 2021, not later than the 7 second Monday in March that precedes such fis- 8 cal year— 9 ‘‘(i) establish for such fiscal year, 10 based on the revenue amounts under sub- 11 section (b) and the adjustments provided 12 under this subsection— 13 14 ‘‘(I) OTC monograph drug facility fees under subsection (a)(1); and 15 ‘‘(II) OTC monograph order re- 16 quest fees under subsection (a)(2); 17 and 18 ‘‘(ii) publish such fee revenue 19 amounts, facility fees, and OTC mono- 20 graph order request fees in the Federal 21 Register. 22 ‘‘(d) IDENTIFICATION OF FACILITIES.—Each person 23 that owns an OTC monograph drug facility shall submit 24 to the Secretary the information required under this sub- BAI20215 S.L.C. 504 1 section each year. Such information shall, for each fiscal 2 year— 3 ‘‘(1) be submitted as part of the requirements 4 for drug establishment registration set forth in sec- 5 tion 510; and 6 ‘‘(2) include for each such facility, at a min- 7 imum, identification of the facility’s business oper- 8 ation as that of an OTC monograph drug facility. 9 ‘‘(e) EFFECT OF FAILURE TO PAY FEES.— 10 11 ‘‘(1) OTC MONOGRAPH DRUG FACILITY FEE.— ‘‘(A) IN GENERAL.—Failure to pay the fee 12 under subsection (a)(1) within 20 calendar days 13 of the due date as specified in subparagraph 14 (D) of such subsection shall result in the fol- 15 lowing: 16 17 ‘‘(i) The Secretary shall place the facility on a publicly available arrears list. 18 ‘‘(ii) All OTC monograph drugs man- 19 ufactured in such a facility or containing 20 an ingredient manufactured in such a facil- 21 ity shall be deemed misbranded under sec- 22 tion 502(ff). 23 ‘‘(B) APPLICATION OF PENALTIES.—The 24 penalties under this paragraph shall apply until 25 the fee established by subsection (a)(1) is paid. BAI20215 S.L.C. 505 1 ‘‘(2) ORDER REQUESTS.—An OTC monograph 2 order request submitted by a person subject to fees 3 under subsection (a) shall be considered incomplete 4 and shall not be accepted for filing by the Secretary 5 until all fees owed by such person under this section 6 have been paid. 7 ‘‘(3) MEETINGS.—A person subject to fees 8 under this section shall be considered ineligible for 9 OTC monograph drug meetings until all such fees 10 owed by such person have been paid. 11 ‘‘(f) CREDITING AND AVAILABILITY OF FEES.— 12 ‘‘(1) IN GENERAL.—Fees authorized under sub- 13 section (a) shall be collected and available for obliga- 14 tion only to the extent and in the amount provided 15 in advance in appropriations Acts. Such fees are au- 16 thorized to remain available until expended. Such 17 sums as may be necessary may be transferred from 18 the Food and Drug Administration salaries and ex- 19 penses appropriation account without fiscal year lim- 20 itation to such appropriation account for salaries 21 and expenses with such fiscal year limitation. The 22 sums transferred shall be available solely for OTC 23 monograph drug activities. 24 25 ‘‘(2) ACTS.— COLLECTIONS AND APPROPRIATION BAI20215 S.L.C. 506 1 ‘‘(A) IN GENERAL.—Subject to subpara- 2 graph (C), the fees authorized by this section 3 shall be collected and available in each fiscal 4 year in an amount not to exceed the amount 5 specified in appropriation Acts, or otherwise 6 made available for obligation, for such fiscal 7 year. 8 ‘‘(B) USE OF FEES AND LIMITATION.— 9 The fees authorized by this section shall be 10 available to defray increases in the costs of the 11 resources allocated for OTC monograph drug 12 activities (including increases in such costs for 13 an additional number of full-time equivalent po- 14 sitions in the Department of Health and 15 Human Services to be engaged in such activi- 16 ties), only if the Secretary allocates for such 17 purpose an amount for such fiscal year (exclud- 18 ing amounts from fees collected under this sec- 19 tion) no less than $12,000,000, multiplied by 20 the adjustment factor applicable to the fiscal 21 year involved under subsection (c)(1). 22 ‘‘(C) COMPLIANCE.—The Secretary shall 23 be considered to have met the requirements of 24 subparagraph (B) in any fiscal year if the costs 25 funded by appropriations and allocated for OTC BAI20215 S.L.C. 507 1 monograph drug activities are not more than 15 2 percent below the level specified in such sub- 3 paragraph. 4 ‘‘(D) PROVISION FOR EARLY PAYMENTS IN 5 SUBSEQUENT YEARS.—Payment 6 ized under this section for a fiscal year (after 7 fiscal year 2021), prior to the due date for such 8 fees, may be accepted by the Secretary in ac- 9 cordance with authority provided in advance in 10 a prior year appropriations Act. 11 ‘‘(3) AUTHORIZATION of fees author- OF APPROPRIATIONS.— 12 For each of the fiscal years 2021 through 2025, 13 there is authorized to be appropriated for fees under 14 this section an amount equal to the total amount of 15 fees assessed for such fiscal year under this section. 16 ‘‘(g) COLLECTION OF UNPAID FEES.—In any case 17 where the Secretary does not receive payment of a fee as18 sessed under subsection (a) within 30 calendar days after 19 it is due, such fee shall be treated as a claim of the United 20 States Government subject to subchapter II of chapter 37 21 of title 31, United States Code. 22 ‘‘(h) CONSTRUCTION.—This section may not be con- 23 strued to require that the number of full-time equivalent 24 positions in the Department of Health and Human Serv25 ices, for officers, employers, and advisory committees not BAI20215 S.L.C. 508 1 engaged in OTC monograph drug activities, be reduced 2 to offset the number of officers, employees, and advisory 3 committees so engaged. 4 5 6 ‘‘SEC. 744N. REAUTHORIZATION; REPORTING REQUIRE- MENTS. ‘‘(a) PERFORMANCE REPORT.—Beginning with fiscal 7 year 2021, and not later than 120 calendar days after the 8 end of each fiscal year thereafter for which fees are col9 lected under this part, the Secretary shall prepare and 10 submit to the Committee on Energy and Commerce of the 11 House of Representatives and the Committee on Health, 12 Education, Labor, and Pensions of the Senate a report 13 concerning the progress of the Food and Drug Adminis14 tration in achieving the goals identified in the letters de15 scribed in section 3861(b) of the CARES Act during such 16 fiscal year and the future plans of the Food and Drug 17 Administration for meeting such goals. 18 ‘‘(b) FISCAL REPORT.—Not later than 120 calendar 19 days after the end of fiscal year 2021 and each subsequent 20 fiscal year for which fees are collected under this part, 21 the Secretary shall prepare and submit to the Committee 22 on Energy and Commerce of the House of Representatives 23 and the Committee on Health, Education, Labor, and 24 Pensions of the Senate a report on the implementation 25 of the authority for such fees during such fiscal year and BAI20215 S.L.C. 509 1 the use, by the Food and Drug Administration, of the fees 2 collected for such fiscal year. 3 ‘‘(c) PUBLIC AVAILABILITY.—The Secretary shall 4 make the reports required under subsections (a) and (b) 5 available to the public on the internet website of the Food 6 and Drug Administration. 7 8 ‘‘(d) REAUTHORIZATION.— ‘‘(1) CONSULTATION.—In developing rec- 9 ommendations to present to the Congress with re- 10 spect to the goals described in subsection (a), and 11 plans for meeting the goals, for OTC monograph 12 drug activities for the first 5 fiscal years after fiscal 13 year 2025, and for the reauthorization of this part 14 for such fiscal years, the Secretary shall consult 15 with— 16 17 18 19 ‘‘(A) the Committee on Energy and Commerce of the House of Representatives; ‘‘(B) the Committee on Health, Education, Labor, and Pensions of the Senate; 20 ‘‘(C) scientific and academic experts; 21 ‘‘(D) health care professionals; 22 ‘‘(E) representatives of patient and con- 23 24 sumer advocacy groups; and ‘‘(F) the regulated industry. BAI20215 S.L.C. 510 1 ‘‘(2) 2 TIONS.—After 3 try, the Secretary shall— PUBLIC REVIEW OF RECOMMENDA- negotiations with the regulated indus- 4 ‘‘(A) present the recommendations devel- 5 oped under paragraph (1) to the congressional 6 committees specified in such paragraph; 7 8 ‘‘(B) publish such recommendations in the Federal Register; 9 ‘‘(C) provide for a period of 30 calendar 10 days for the public to provide written comments 11 on such recommendations; 12 ‘‘(D) hold a meeting at which the public 13 may present its views on such recommenda- 14 tions; and 15 ‘‘(E) after consideration of such public 16 views and comments, revise such recommenda- 17 tions as necessary. 18 ‘‘(3) TRANSMITTAL OF RECOMMENDATIONS.— 19 Not later than January 15, 2025, the Secretary 20 shall transmit to the Congress the revised rec- 21 ommendations under paragraph (2), a summary of 22 the views and comments received under such para- 23 graph, and any changes made to the recommenda- 24 tions in response to such views and comments.’’. BAI20215 S.L.C. 511 7 TITLE IV—ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED SECTORS OF THE UNITED STATES ECONOMY Subtitle A—Coronavirus Economic Stabilization Act of 2020 8 SEC. 4001. SHORT TITLE. 1 2 3 4 5 6 9 This subtitle may be cited as the ‘‘Coronavirus Eco- 10 nomic Stabilization Act of 2020’’. 11 12 13 SEC. 4002. DEFINITIONS. In this subtitle: (1) AIR CARRIER.—The term ‘‘air carrier’’ has 14 the meaning such term has under section 40102 of 15 title 49, United States Code. 16 (2) CORONAVIRUS.—The term ‘‘coronavirus’’ 17 means SARS-CoV-2 or another coronavirus with 18 pandemic potential. 19 (3) COVERED LOSS.—The term ‘‘covered loss’’ 20 includes losses incurred directly or indirectly as a re- 21 sult of coronavirus, as determined by the Secretary. 22 (4) ELIGIBLE 23 business’’ means— 24 BUSINESS.—The (A) an air carrier; or term ‘‘eligible BAI20215 S.L.C. 512 1 (B) a United States business that has not 2 otherwise received adequate economic relief in 3 the form of loans or loan guarantees provided 4 under this Act. 5 (5) EMPLOYEE.—Except where the context oth- 6 erwise requires, the term ‘‘employee’’— 7 (A) has the meaning given the term in sec- 8 tion 2 of the National Labor Relations Act (29 9 U.S.C. 152); and 10 (B) includes any individual employed by an 11 employer subject to the Railway Labor Act (45 12 U.S.C. 151 et seq.). 13 (6) EQUITY SECURITY; EXCHANGE.—The terms 14 ‘‘equity security’’ and ‘‘exchange’’ have the meanings 15 given the terms in section 3(a) of the Securities Ex- 16 change Act of 1934 (15 U.S.C. 78c(a)). 17 18 (7) MUNICIPALITY.—The term ‘‘municipality’’ includes— 19 (A) a political subdivision of a State, and 20 (B) an instrumentality of a municipality, a 21 State, or a political subdivision of a State. 22 (8) NATIONAL SECURITIES EXCHANGE.—The 23 term ‘‘national securities exchange’’ means an ex- 24 change registered as a national securities exchange BAI20215 S.L.C. 513 1 under section 6 of the Securities Exchange Act of 2 1934 (15 U.S.C. 78f). 3 (9) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary of the Treasury, or the designee of the 5 Secretary of the Treasury. 6 (10) STATE.—The term ‘‘State’’ means— 7 (A) any of the several States; 8 (B) the District of Columbia; 9 (C) any of the territories and possessions 10 of the United States; 11 (D) any bi-State or multi-State entity; and 12 (E) any Indian Tribe. 13 14 15 SEC. 4003. EMERGENCY RELIEF AND TAXPAYER PROTECTIONS. (a) IN GENERAL.—Notwithstanding any other provi- 16 sion of law, to provide liquidity to eligible businesses, 17 States, and municipalities related to losses incurred as a 18 result of coronavirus, the Secretary is authorized to make 19 loans, loan guarantees, and other investments in support 20 of eligible businesses, States, and municipalities that do 21 not, in the aggregate, exceed $500,000,000,000 and pro22 vide the subsidy amounts necessary for such loans, loan 23 guarantees, and other investments in accordance with the 24 provisions of the Federal Credit Reform Act of 1990 (2 25 U.S.C. 661 et seq.). BAI20215 S.L.C. 514 1 2 (b) LOANS, LOAN GUARANTEES, VESTMENTS.—Loans, AND OTHER IN- loan guarantees, and other invest- 3 ments made pursuant to subsection (a) shall be made 4 available as follows: 5 (1) Not more than $25,000,000,000 shall be 6 available to make loans and loan guarantees for pas- 7 senger air carriers, eligible businesses that are cer- 8 tified under part 145 of title 14, Code of Federal 9 Regulations, and approved to perform inspection, re- 10 pair, replace, or overhaul services, and ticket agents 11 (as defined in section 40102 of title 49, United 12 States Code). 13 (2) Not more than $4,000,000,000 shall be 14 available to make loans and loan guarantees for 15 cargo air carriers. 16 (3) Not more than $17,000,000,000 shall be 17 available to make loans and loan guarantees for 18 businesses critical to maintaining national security. 19 (4) Not more than the sum of 20 $454,000,000,000 and any amounts available under 21 paragraphs (1), (2), and (3) that are not used as 22 provided under those paragraphs shall be available 23 to make loans and loan guarantees to, and other in- 24 vestments in, programs or facilities established by 25 the Board of Governors of the Federal Reserve Sys- BAI20215 S.L.C. 515 1 tem for the purpose of providing liquidity to the fi- 2 nancial system that supports lending to eligible busi- 3 nesses, States, or municipalities by— 4 (A) purchasing obligations or other inter- 5 ests directly from issuers of such obligations or 6 other interests; 7 8 9 10 11 12 13 (B) purchasing obligations or other interests in secondary markets or otherwise; or (C) making loans, including loans or other advances secured by collateral. (c) TERMS AND CONDITIONS.— (1) IN GENERAL.— (A) FORMS; TERMS AND CONDITIONS.—A 14 loan, loan guarantee, or other investment by the 15 Secretary shall be made under this section in 16 such form and on such terms and conditions 17 and contain such covenants, representations, 18 warranties, and requirements (including re- 19 quirements for audits) as the Secretary deter- 20 mines appropriate. Any loans made by the Sec- 21 retary under this section shall be at a rate de- 22 termined by the Secretary based on the risk 23 and the current average yield on outstanding 24 marketable obligations of the United States of 25 comparable maturity. BAI20215 S.L.C. 516 1 (B) PROCEDURES.—As soon as prac- 2 ticable, but in no case later than 10 days after 3 the date of enactment of this Act, the Secretary 4 shall publish procedures for application and 5 minimum requirements, which may be supple- 6 mented by the Secretary in the Secretary’s dis- 7 cretion, for making loans, loan guarantees, or 8 other investments under paragraphs (1), (2) 9 and (3) of subsection (b) . 10 (2) LOANS AND LOAN GUARANTEES .—The Sec- 11 retary may enter into agreements to make loans or 12 loan guarantees to 1 or more eligible businesses 13 under paragraphs (1), (2) and (3) of subsection (b) 14 if the Secretary determines that, in the Secretary’s 15 discretion— 16 (A) the applicant is an eligible business for 17 which credit is not reasonably available at the 18 time of the transaction; 19 20 21 22 23 24 (B) the intended obligation by the applicant is prudently incurred; (C) the loan or loan guarantee is sufficiently secured or is made at a rate that— (i) reflects the risk of the loan or loan guarantee; and BAI20215 S.L.C. 517 1 (ii) is to the extent practicable, not 2 less than an interest rate based on market 3 conditions for comparable obligations prev- 4 alent 5 coronavirus disease 2019 (COVID–19); 6 (D) the duration of the loan or loan guar- 7 antee is as short as practicable and in any case 8 not longer than 5 years; prior to the outbreak of the 9 (E) the agreement provides that, until the 10 date 12 months after the date the loan or loan 11 guarantee is no longer outstanding, neither the 12 eligible business nor any affiliate of the eligible 13 business may purchase an equity security that 14 is listed on a national securities exchange of the 15 eligible business or any parent company of the 16 eligible business, except to the extent required 17 under a contractual obligation in effect as of 18 the date of enactment of this Act; 19 (F) the agreement provides that, until the 20 date 12 months after the date the loan or loan 21 guarantee is no longer outstanding, the eligible 22 business shall not pay dividends with respect to 23 the common stock of the eligible business; 24 (G) the agreement provides that, until Sep- 25 tember 30, 2020, the eligible business shall BAI20215 S.L.C. 518 1 maintain its employment levels as of March 24, 2 2020, to the extent practicable, and in any case 3 shall not reduce its employment levels by more 4 than 10 percent from the levels on such date; 5 (H) the agreement includes a certification 6 by the eligible business that it is created or or- 7 ganized in the United States or under the laws 8 of the United States and has significant oper- 9 ations in and a majority of its employees based 10 in the United States; and 11 (I) for purposes of a loan or loan guar- 12 antee under paragraphs (1), (2), and (3) of 13 subsection (b), the eligible business must have 14 incurred or is expected to incur covered losses 15 such that the continued operations of the busi- 16 ness are jeopardized, as determined by the Sec- 17 retary. 18 (3) FEDERAL 19 20 RESERVE PROGRAMS OR FACILI- TIES.— (A) TERMS AND CONDITIONS.— 21 (i) DEFINITION.—In this paragraph, 22 the term ‘‘direct loan’’ means a loan under 23 a bilateral loan agreement that is — 24 25 (I) entered into directly with an eligible business as borrower; and BAI20215 S.L.C. 519 1 (II) not part of a syndicated 2 loan, a loan originated by a financial 3 institution in the ordinary course of 4 business, or a securities or capital 5 markets transaction. 6 (ii) RESTRICTIONS.—The Secretary 7 may make a loan, loan guarantee, or other 8 investment under subsection (b)(4) as part 9 of a program or facility that provides di- 10 rect loans only if the applicable eligible 11 businesses agree— 12 (I) until the date 12 months 13 after the date on which the direct loan 14 is no longer outstanding, not to repur- 15 chase an equity security that is listed 16 on a national securities exchange of 17 the eligible business or any parent 18 company of the eligible business while 19 the direct loan is outstanding, except 20 to the extent required under a con- 21 tractual obligation that is in effect as 22 of the date of enactment of this Act; 23 (II) until the date 12 months 24 after the date on which the direct loan 25 is no longer outstanding, not to pay BAI20215 S.L.C. 520 1 dividends with respect to the common 2 stock of the eligible business; and 3 (III) to comply with the limita- 4 tions on compensation set forth in 5 section 4004. 6 (iii) WAIVER.—The Secretary may 7 waive the requirement under clause (ii) 8 with respect to any program or facility 9 upon a determination that such waiver is 10 necessary to protect the interests of the 11 Federal Government. If the Secretary exer- 12 cises a waiver under this clause, the Sec- 13 retary shall make himself available to tes- 14 tify before the Committee on Banking, 15 Housing, and Urban Affairs of the Senate 16 and the Committee on Financial Services 17 of the House of Representatives regarding 18 the reasons for the waiver. 19 (B) FEDERAL RESERVE ACT TAXPAYER 20 PROTECTIONS 21 APPLY.—For 22 cable requirements under section 13(3) of the 23 Federal Reserve Act (12 U.S.C. 343(3)), in- 24 cluding 25 collateralization, taxpayer protection, and bor- AND OTHER REQUIREMENTS the avoidance of doubt, any appli- requirements relating to loan BAI20215 S.L.C. 521 1 rower solvency, shall apply with respect to any 2 program or facility described in subsection 3 (b)(4). 4 (C) UNITED STATES BUSINESSES.—A pro- 5 gram or facility in which the Secretary makes 6 a loan, loan guarantee, or other investment 7 under subsection (b)(4) shall only purchase ob- 8 ligations or other interests (other than securi- 9 ties that are based on an index or that are 10 based on a diversified pool of securities) from, 11 or make loans or other advances to, businesses 12 that are created or organized in the United 13 States or under the laws of the United States 14 and that have significant operations in and a 15 majority of its employees based in the United 16 States. 17 18 19 (D) ASSISTANCE FOR MID-SIZED BUSI- NESSES.— (i) IN GENERAL.—Without limiting 20 the terms and conditions of the programs 21 and facilities that the Secretary may other- 22 wise provide financial assistance to under 23 subsection (b)(4), the Secretary shall en- 24 deavor to seek the implementation of a 25 program or facility described in subsection BAI20215 S.L.C. 522 1 (b)(4) that provides financing to banks and 2 other lenders that make direct loans to eli- 3 gible businesses including, to the extent 4 practicable, nonprofit organizations, with 5 between 500 and 10,000 employees, with 6 such direct loans being subject to an 7 annualized interest rate that is not higher 8 than 2 percent per annum. For the first 6 9 months after any such direct loan is made, 10 or for such longer period as the Secretary 11 may determine in his discretion, no prin- 12 cipal or interest shall be due and payable. 13 Any eligible borrower applying for a direct 14 loan under this program shall make a 15 good-faith certification that— 16 (I) the uncertainty of economic 17 conditions as of the date of the appli- 18 cation makes necessary the loan re- 19 quest to support the ongoing oper- 20 ations of the recipient; 21 (II) the funds it receives will be 22 used to retain at least 90 percent of 23 the recipient’s workforce, at full com- 24 pensation and benefits, until Sep- 25 tember 30, 2020; BAI20215 S.L.C. 523 1 (III) the recipient intends to re- 2 store not less than 90 percent of the 3 workforce of the recipient that existed 4 as of February 1, 2020, and to re- 5 store all compensation and benefits to 6 the workers of the recipient no later 7 than 4 months after the termination 8 date of the public health emergency 9 declared by the Secretary of Health 10 and Human Services on January 31, 11 2020, under section 319 of the Public 12 Health Services Act (42 U.S.C. 247d) 13 in response to COVID–19; 14 (IV) the recipient is an entity or 15 business that is domiciled in the 16 United States with significant oper- 17 ations and employees located in the 18 United States; 19 20 (V) the recipient is not a debtor in a bankruptcy proceeding; 21 (VI) the recipient is created or 22 organized in the United States or 23 under the laws of the United States 24 and has significant operations in and BAI20215 S.L.C. 524 1 a majority of its employees based in 2 the United States; 3 (VII) the recipient will not pay 4 dividends with respect to the common 5 stock of the eligible business, or re- 6 purchase an equity security that is 7 listed on a national securities ex- 8 change of the recipient or any parent 9 company of the recipient while the di- 10 rect loan is outstanding, except to the 11 extent required under a contractual 12 obligation that is in effect as of the 13 date of enactment of this Act; 14 (VIII) the recipient will not 15 outsource or offshore jobs for the 16 term of the loan and 2 years after 17 completing repayment of the loan; 18 (IX) the recipient will not abro- 19 gate 20 agreements for the term of the loan 21 and 2 years after completing repay- 22 ment of the loan; and existing collective bargaining 23 (X) that the recipient will remain 24 neutral in any union organizing effort 25 for the term of the loan. BAI20215 S.L.C. 525 1 (ii) MAIN STREET LENDING PRO- 2 GRAM.—Nothing 3 shall limit the discretion of the Board of 4 Governors of the Federal Reserve System 5 to establish a Main Street Lending Pro- 6 gram or other similar program or facility 7 that supports lending to small and mid- 8 sized businesses on such terms and condi- 9 tions as the Board may set consistent with 10 section 13(3) of the Federal Reserve Act 11 (12 U.S.C. 343(3)), including any such 12 program in which the Secretary makes a 13 loan, loan guarantee, or other investment 14 under subsection (b)(4). 15 (E) in GOVERNMENT this subparagraph PARTICIPANTS.—The 16 Secretary shall endeavor to seek the implemen- 17 tation of a program or facility in accordance 18 with subsection (b)(4) that provides liquidity to 19 the financial system that supports lending to 20 States and municipalities. 21 22 (d) FINANCIAL PROTECTION OF GOVERNMENT.— (1) WARRANT OR SENIOR DEBT INSTRU- 23 MENT.—The 24 a loan guarantee for, an eligible business under 25 paragraph (1), (2), or (3) of subsection (b) unless— Secretary may not issue a loan to, or BAI20215 S.L.C. 526 1 (A)(i) the eligible business has issued secu- 2 rities that are traded on a national securities 3 exchange; and 4 5 (ii) the Secretary receives a warrant or equity interest in the eligible business; or 6 (B) in the case of any eligible business 7 other than an eligible business described in sub- 8 paragraph (A), the Secretary receives, in the 9 discretion of the Secretary— 10 11 (i) a warrant or equity interest in the eligible business; or 12 13 14 (ii) a senior debt instrument issued by the eligible business. (2) TERMS AND CONDITIONS.—The terms and 15 conditions of any warrant, equity interest, or senior 16 debt instrument received under paragraph (1) shall 17 be set by the Secretary and shall meet the following 18 requirements: 19 (A) PURPOSES.—Such terms and condi- 20 tions shall be designed to provide for a reason- 21 able participation by the Secretary, for the ben- 22 efit of taxpayers, in equity appreciation in the 23 case of a warrant or other equity interest, or a 24 reasonable interest rate premium, in the case of 25 a debt instrument. BAI20215 S.L.C. 527 1 (B) AUTHORITY TO SELL, EXERCISE, OR 2 SURRENDER.—For 3 payers, the Secretary may sell, exercise, or sur- 4 render a warrant or any senior debt instrument 5 received under this subsection. The Secretary 6 shall not exercise voting power with respect to 7 any shares of common stock acquired under 8 this section. the primary benefit of tax- 9 (C) SUFFICIENCY.—If the Secretary deter- 10 mines that the eligible business cannot feasibly 11 issue warrants or other equity interests as re- 12 quired by this subsection, the Secretary may ac- 13 cept a senior debt instrument in an amount and 14 on such terms as the Secretary deems appro- 15 priate. 16 (3) PROHIBITION ON LOAN FORGIVENESS.— 17 The principal amount of any obligation issued by an 18 eligible business, State, or municipality under a pro- 19 gram described in subsection (b) shall not be re- 20 duced through loan forgiveness. 21 (e) DEPOSIT OF PROCEEDS.—Amounts collected 22 under subsection (b) shall be deposited in the following 23 order of priority: 24 (1) Into the financing accounts established 25 under section 505 of the Federal Credit Reform Act BAI20215 S.L.C. 528 1 of 1990 (2 U.S.C. 661d) to implement this subtitle, 2 up to an amount equal to the sum of— 3 (A) the amount transferred from the ap- 4 propriation made under section 4026 to the fi- 5 nancing accounts; and 6 (B) the amount necessary to repay any 7 amount lent from the Treasury to such financ- 8 ing accounts. 9 (2) After the deposits specified in paragraph 10 (1) of this subsection have been made, into the Fed- 11 eral Old-Age and Survivors Insurance Trust Fund 12 established under section 201(a) of the Social Secu- 13 rity Act (42 U.S.C. 401). 14 (f) ADMINISTRATIVE PROVISIONS.—Notwithstanding 15 any other provision of law, the Secretary may use not 16 greater than $100,000,000 of the funds made available 17 under section 4026 to pay costs and administrative ex18 penses associated with the loans, loan guarantees, and 19 other investments authorized under this section. The Sec20 retary is authorized to take such actions as the Secretary 21 deems necessary to carry out the authorities in this sub22 title, including, without limitation— 23 24 (1) using direct hiring authority to hire employees to administer this subtitle; BAI20215 S.L.C. 529 1 2 (2) entering into contracts, including contracts for services authorized by this subtitle; 3 (3) establishing vehicles that are authorized, 4 subject to supervision by the Secretary, to purchase, 5 hold, and sell assets and issue obligations; and 6 (4) issuing such regulations and other guidance 7 as may be necessary or appropriate to carry out the 8 authorities or purposes of this subtitle. 9 (g) FINANCIAL AGENTS.—The Secretary is author- 10 ized to designate financial institutions, including but not 11 limited to, depositories, brokers, dealers, and other institu12 tions, as financial agents of the United States. Such insti13 tutions shall— 14 (1) perform all reasonable duties the Secretary 15 determines necessary to respond to the coronavirus; 16 and 17 (2) be paid for such duties using appropriations 18 available to the Secretary to reimburse financial in- 19 stitutions in their capacity as financial agents of the 20 United States. 21 (h) LOANS MADE 22 PARTMENT OF THE 23 NESS FOR 24 25 BY OR GUARANTEED TREASURY TREATED BY THE AS DE - INDEBTED- TAX PURPOSES.— (1) IN GENERAL.—Any loan made by or guar- anteed by the Department of the Treasury under BAI20215 S.L.C. 530 1 this section shall be treated as indebtedness for pur- 2 poses of the Internal Revenue Code of 1986, shall be 3 treated as issued for its stated principal amount, 4 and stated interest on such loans shall be treated as 5 qualified stated interest. 6 (2) REGULATIONS OR GUIDANCE.—The Sec- 7 retary of the Treasury (or the Secretary’s delegate) 8 shall prescribe such regulations or guidance as may 9 be necessary or appropriate to carry out the pur- 10 poses of this section, including guidance providing 11 that the acquisition of warrants, stock options, com- 12 mon or preferred stock or other equity under this 13 section does not result in an ownership change for 14 purposes of section 382 of the Internal Revenue 15 Code of 1986. 16 SEC. 4004. LIMITATION ON CERTAIN EMPLOYEE COM- 17 18 PENSATION. (a) IN GENERAL.—The Secretary may only enter into 19 an agreement with an eligible business to make a loan or 20 loan guarantee under paragraph (1), (2) or (3) of section 21 4003(b) if such agreement provides that, during the pe22 riod beginning on the date on which the agreement is exe23 cuted and ending on the date that is 1 year after the date 24 on which the loan or loan guarantee is no longer out25 standing— BAI20215 S.L.C. 531 1 (1) no officer or employee of the eligible busi- 2 ness whose total compensation exceeded $425,000 in 3 calendar year 2019 (other than an employee whose 4 compensation is determined through an existing col- 5 lective bargaining agreement entered into prior to 6 March 1, 2020)— 7 (A) will receive from the eligible business 8 total compensation which exceeds, during any 9 12 consecutive months of such period, the total 10 compensation received by the officer or em- 11 ployee from the eligible business in calendar 12 year 2019; or 13 (B) will receive from the eligible business 14 severance pay or other benefits upon termi- 15 nation of employment with the eligible business 16 which exceeds twice the maximum total com- 17 pensation received by the officer or employee 18 from the eligible business in calendar year 19 2019; and 20 (2) no officer or employee of the eligible busi- 21 ness whose total compensation exceeded $3,000,000 22 in calendar year 2019 may receive during any 12 23 consecutive months of such period total compensa- 24 tion in excess of the sum of— 25 (A) $3,000,000; and BAI20215 S.L.C. 532 1 (B) 50 percent of the excess over 2 $3,000,000 of the total compensation received 3 by the officer or employee from the eligible 4 business in calendar year 2019. 5 (b) TOTAL COMPENSATION DEFINED.—In this sec- 6 tion, the term ‘‘total compensation’’ includes salary, bo7 nuses, awards of stock, and other financial benefits pro8 vided by an eligible business to an officer or employee of 9 the eligible business. 10 11 SEC. 4005. CONTINUATION OF CERTAIN AIR SERVICE. The Secretary of Transportation is authorized to re- 12 quire, to the extent reasonable and practicable, an air car13 rier receiving loans and loan guarantees under section 14 4003 to maintain scheduled air transportation service as 15 the Secretary of Transportation deems necessary to ensure 16 services to any point served by that carrier before March 17 1, 2020. When considering whether to exercise the author18 ity granted by this section, the Secretary of Transpor19 tation shall take into consideration the air transportation 20 needs of small and remote communities and the need to 21 maintain well-functioning health care and pharmaceutical 22 supply chains, including for medical devices and supplies. 23 The authority under this section, including any require24 ment issued by the Secretary under this section, shall ter25 minate on March 1, 2022. BAI20215 S.L.C. 533 1 SEC. 4006. COORDINATION WITH SECRETARY OF TRANS- 2 3 PORTATION. In implementing this subtitle with respect to air car- 4 riers, the Secretary shall coordinate with the Secretary of 5 Transportation. 6 SEC. 4007. SUSPENSION OF CERTAIN AVIATION EXCISE 7 8 TAXES. (a) TRANSPORTATION BY AIR.—In the case of any 9 amount paid for transportation by air (including any 10 amount treated as paid for transportation by air by reason 11 of section 4261(e)(3) of the Internal Revenue Code of 12 1986) during the excise tax holiday period, no tax shall 13 be imposed under section 4261 or 4271 of such Code. The 14 preceding sentence shall not apply to amounts paid on or 15 before the date of the enactment of this Act. 16 (b) USE OF KEROSENE IN COMMERCIAL AVIATION.— 17 In the case of kerosene used in commercial aviation (as 18 defined in section 4083 of the Internal Revenue Code of 19 1986) during the excise tax holiday period— 20 21 22 23 (1) no tax shall be imposed on such kerosene under— (A) section 4041(c) of the Internal Revenue Code of 1986, or 24 (B) section 4081 of such Code (other than 25 at the rate provided in subsection (a)(2)(B) 26 thereof), and BAI20215 S.L.C. 534 1 (2) section 6427(l) of such Code shall be ap- 2 plied— 3 (A) by treating such use as a nontaxable 4 use, and 5 (B) without regard to paragraph (4)(A)(ii) 6 thereof. 7 (c) EXCISE TAX HOLIDAY PERIOD.—For purposes of 8 this section, the term ‘‘excise tax holiday period’’ means 9 the period beginning after the date of the enactment of 10 this section and ending before January 1, 2021. 11 SEC. 4008. DEBT GUARANTEE AUTHORITY. 12 (a) Section 1105 of the Dodd-Frank Wall Street Re- 13 form and Consumer Protection Act (12 U.S.C. 5612) is 14 amended— 15 (1) in subsection (f)— 16 (A) by inserting ‘‘in noninterest-bearing 17 transaction accounts’’ after ‘‘institutions’’; and 18 (B) by striking ‘‘shall not’’ and inserting 19 ‘‘may’’; and 20 (2) by adding at the end the following: 21 22 23 ‘‘(h) APPROVAL THE OF GUARANTEE PROGRAM DURING COVID–19 CRISIS.— ‘‘(1) IN GENERAL.—For purposes of the con- 24 gressional joint resolution of approval provided for 25 in subsections (c)(1) and (2) and (d), notwith- BAI20215 S.L.C. 535 1 standing any other provision of this section, the 2 Federal Deposit Insurance Corporation is approved 3 upon enactment of this Act to establish a program 4 provided for in subsection (a), provided that any 5 such program and any such guarantee shall termi- 6 nate not later than December 31, 2020. 7 ‘‘(2) MAXIMUM AMOUNT.—Any debt guarantee 8 program authorized by this subsection shall include 9 a maximum amount of outstanding debt that is 10 guaranteed.’’. 11 (b) FEDERAL CREDIT UNION TRANSACTION AC- 12 COUNT GUARANTEES.—Notwithstanding any other provi- 13 sion of law and in coordination with the Federal Deposit 14 Insurance Corporation, the National Credit Union Admin15 istration Board may by a vote of the Board increase to 16 unlimited, or such lower amount as the Board approves, 17 the share insurance coverage provided by the National 18 Credit Union Share Insurance Fund on any noninterest19 bearing transaction account in any federally insured credit 20 union without exception, provided that any such increase 21 shall terminate not later than December 31, 2020. 22 23 24 SEC. 4009. TEMPORARY GOVERNMENT IN THE SUNSHINE ACT RELIEF. (a) IN GENERAL.—Except as provided in subsection 25 (b), notwithstanding any other provision of law, if the BAI20215 S.L.C. 536 1 Chairman of the Board of Governors of the Federal Re2 serve System determines, in writing, that unusual and exi3 gent circumstances exist, the Board may conduct meetings 4 without regard to the requirements of section 552b of title 5 5, United States Code, during the period beginning on the 6 date of enactment of this Act and ending on the earlier 7 of— 8 (1) the date on which the national emergency 9 concerning the novel coronavirus disease (COVID– 10 19) outbreak declared by the President on March 11 13, 2020 under the National Emergencies Act (50 12 U.S.C. 1601 et seq.) terminates; or 13 14 (2) December 31, 2020. (b) RECORDS.—The Board of Governors of the Fed- 15 eral Reserve System shall keep a record of all Board votes 16 and the reasons for such votes during the period described 17 in subsection (a). 18 19 SEC. 4010. TEMPORARY HIRING FLEXIBILITY. (a) DEFINITION.—In this section, the term ‘‘covered 20 period’’ means the period beginning on the date of enact21 ment of this Act and ending on the sooner of— 22 (1) the termination date of the national emer- 23 gency concerning the novel coronavirus disease 24 (COVID–19) outbreak declared by the President on BAI20215 S.L.C. 537 1 March 13, 2020 under the National Emergencies 2 Act (50 U.S.C. 1601 et seq.); or 3 (2) December 31, 2020. 4 (b) AUTHORITY.— During the covered period, the 5 Secretary of Housing and Urban Development, the Securi6 ties and Exchange Commission, and the Commodity Fu7 tures Trading Commission may, without regard to sections 8 3309 through 3318 of title 5, United States Code, recruit 9 and appoint candidates to fill temporary and term ap10 pointments within their respective agencies upon a deter11 mination that those expedited procedures are necessary 12 and appropriate to enable the respective agencies to pre13 vent, prepare for, or respond to COVID–19. 14 15 SEC. 4011. TEMPORARY LENDING LIMIT WAIVER. (a) IN GENERAL.—Section 5200 of the Revised Stat- 16 utes of the United States (12 U.S.C. 84) is amended— 17 (1) in subsection (c)(7)— 18 (A) by inserting ‘‘any nonbank financial 19 company (as that term is defined in section 102 20 of the Financial Stability Act of 2010 (12 21 U.S.C. 5311)),’’ after ‘‘Loans or extensions of 22 credit to’’; and 23 (B) by striking ‘‘financial institution or to’’ 24 and inserting ‘‘financial institution, or to’’; and BAI20215 S.L.C. 538 1 (2) in subsection (d), by adding at the end of 2 paragraph (1) the following: ‘‘The Comptroller of 3 the Currency may, by order, exempt any transaction 4 or series of transactions from the requirements of 5 this section upon a finding by the Comptroller that 6 such exemption is in the public interest and con- 7 sistent with the purposes of this section.’’. 8 (b) EFFECTIVE PERIOD.—This section, and the 9 amendments made by this section, shall be effective during 10 the period beginning on the date of enactment of this Act 11 and ending on the sooner of— 12 (1) the termination date of the national emer- 13 gency concerning the novel coronavirus disease 14 (COVID–19) outbreak declared by the President on 15 March 13, 2020 under the National Emergencies 16 Act (50 U.S.C. 1601 et seq.); or 17 (2) December 31, 2020. 18 19 SEC. 4012. TEMPORARY RELIEF FOR COMMUNITY BANKS. (a) DEFINITIONS.—In this section— 20 (1) the term ‘‘appropriate Federal banking 21 agency’’ has the meaning given the term in section 22 2 of the Economic Growth, Regulatory Relief, and 23 Consumer Protection Act (12 U.S.C. 5365 note); 24 and BAI20215 S.L.C. 539 1 (2) the terms ‘‘Community Bank Leverage 2 Ratio’’ and ‘‘qualifying community bank’’ have the 3 meanings given the terms in section 201(a) of the 4 Economic Growth, Regulatory Relief, and Consumer 5 Protection Act (12 U.S.C. 5371 note). 6 (b) INTERIM RULE.— 7 (1) IN GENERAL.—Notwithstanding any other 8 provision of law or regulation, the appropriate Fed- 9 eral banking agencies shall issue an interim final 10 rule that provides that, for the purposes of section 11 201 of the Economic Growth, Regulatory Relief, and 12 Consumer Protection Act (12 U.S.C. 5371 note)— 13 (A) the Community Bank Leverage Ratio 14 shall be 8 percent; and 15 (B) a qualifying community bank that falls 16 below the Community Bank Leverage Ratio es- 17 tablished under subparagraph (A) shall have a 18 reasonable grace period to satisfy the Commu- 19 nity Bank Leverage Ratio. 20 (2) EFFECTIVE PERIOD.—The interim rule 21 issued under paragraph (1) shall be effective during 22 the period beginning on the date on which the ap- 23 propriate Federal banking agencies issue the rule 24 and ending on the sooner of— BAI20215 S.L.C. 540 1 (A) the termination date of the national 2 emergency concerning the novel coronavirus dis- 3 ease (COVID–19) outbreak declared by the 4 President on March 13, 2020 under the Na- 5 tional Emergencies Act (50 U.S.C. 1601 et 6 seq.); or 7 8 (B) December 31, 2020. (c) GRACE PERIOD.—During a grace period de- 9 scribed in subsection (b)(1)(B), a qualifying community 10 bank to which the grace period applies may continue to 11 be treated as a qualifying community bank and shall be 12 presumed to satisfy the capital and leverage requirements 13 described in section 201(c) of the Economic Growth, Reg14 ulatory Relief, and Consumer Protection Act (12 U.S.C. 15 5371 note). 16 SEC. 4013. TEMPORARY RELIEF FROM TROUBLED DEBT 17 RESTRUCTURINGS. 18 (a) DEFINITIONS.—In this section: 19 (1) APPLICABLE PERIOD.—The term ‘‘applica- 20 ble period’’ means the period beginning on March 1, 21 2020 and ending on the earlier of December 31, 22 2020, or the date that is 60 days after the date on 23 which the national emergency concerning the novel 24 coronavirus disease (COVID–19) outbreak declared 25 by the President on March 13, 2020 under the Na- BAI20215 S.L.C. 541 1 tional Emergencies Act (50 U.S.C. 1601 et seq.) ter- 2 minates. 3 (2) APPROPRIATE 4 CY.—The 5 cy’’— FEDERAL BANKING AGEN- term ‘‘appropriate Federal banking agen- 6 (A) has the meaning given the term in sec- 7 tion 3 of the Federal Deposit Insurance Act (12 8 U.S.C. 1813); and 9 10 11 12 13 14 (B) includes the National Credit Union Administration. (b) SUSPENSION.— (1) IN GENERAL.—During the applicable pe- riod, a financial institution may elect to— (A) suspend the requirements under 15 United States generally accepted accounting 16 principles for loan modifications related to the 17 coronavirus disease 2019 (COVID–19) pan- 18 demic that would otherwise be categorized as a 19 troubled debt restructuring; and 20 (B) suspend any determination of a loan 21 modified as a result of the effects of the 22 coronavirus disease 2019 (COVID–19) pan- 23 demic as being a troubled debt restructuring, 24 including impairment for accounting purposes. BAI20215 S.L.C. 542 1 2 (2) APPLICABILITY.—Any suspension under paragraph (1)— 3 (A) shall be applicable for the term of the 4 loan modification, but solely with respect to any 5 modification, including a forbearance arrange- 6 ment, an interest rate modification, a repay- 7 ment plan, and any other similar arrangement 8 that defers or delays the payment of principal 9 or interest, that occurs during the applicable 10 period for a loan that was not more than 30 11 days past due as of December 31, 2019; and 12 (B) shall not apply to any adverse impact 13 on the credit of a borrower that is not related 14 to the coronavirus disease 2019 (COVID–19) 15 pandemic. 16 (c) DEFERENCE.—The appropriate Federal banking 17 agency of the financial institution shall defer to the deter18 mination of the financial institution to make a suspension 19 under this section. 20 (d) RECORDS.—For modified loans for which suspen- 21 sions under subsection (a) apply— 22 (1) financial institutions should continue to 23 maintain records of the volume of loans involved; 24 and BAI20215 S.L.C. 543 1 (2) the appropriate Federal banking agencies 2 may collect data about such loans for supervisory 3 purposes. 4 SEC. 4014. OPTIONAL TEMPORARY RELIEF FROM CURRENT 5 6 7 EXPECTED CREDIT LOSSES. (a) DEFINITIONS.—In this section: (1) APPROPRIATE 8 CY.—The 9 cy’’— FEDERAL BANKING AGEN- term ‘‘appropriate Federal banking agen- 10 (A) has the meaning given the term in sec- 11 tion 3 of the Federal Deposit Insurance Act (12 12 U.S.C. 1813); and 13 (B) includes the National Credit Union 14 Administration. 15 (2) INSURED 16 DEPOSITORY INSTITUTION.—The term ‘‘insured depository institution’’— 17 (A) has the meaning given the term in sec- 18 tion 3 of the Federal Deposit Insurance Act (12 19 U.S.C. 1813); and 20 21 22 (B) includes a credit union. (b) TEMPORARY RELIEF FROM CECL STANDARDS.—Notwithstanding any other provision of law, no in- 23 sured depository institution, bank holding company, or 24 any affiliate thereof shall be required to comply with the 25 Financial Accounting Standards Board Accounting Stand- BAI20215 S.L.C. 544 1 ards Update No. 2016–13 (‘‘Measurement of Credit 2 Losses on Financial Instruments’’), including the current 3 expected credit losses methodology for estimating allow4 ances for credit losses, during the period beginning on the 5 date of enactment of this Act and ending on the earlier 6 of— 7 (1) the date on which the national emergency 8 concerning the novel coronavirus disease (COVID– 9 19) outbreak declared by the President on March 10 13, 2020 under the National Emergencies Act (50 11 U.S.C. 1601 et seq.) terminates; or 12 (2) December 31, 2020. 13 SEC. 4015. NON-APPLICABILITY OF RESTRICTIONS ON ESF 14 DURING NATIONAL EMERGENCY. 15 (a) IN GENERAL.—Section 131 of the Emergency 16 Economic Stabilization Act of 2008 (12 U.S.C. 5236) 17 shall not apply during the period beginning on the date 18 of enactment of this Act and ending on December 31, 19 2020. Any guarantee established as a result of the applica20 tion of subsection (a) shall— 21 (1) be limited to a guarantee of the total value 22 of a shareholder’s account in a participating fund as 23 of the close of business on the day before the an- 24 nouncement of the guarantee; and BAI20215 S.L.C. 545 1 (2) terminate not later than December 31, 2 2020. 3 (b) DIRECT APPROPRIATION.—Upon the expiration 4 of the period described in subsection (a), there is appro5 priated, out of amounts in the Treasury not otherwise ap6 propriated, such sums as may be necessary to reimburse 7 the fund established under section 5302(a)(1) of title 31, 8 United States Code, for any funds that are used for the 9 Treasury Money Market Funds Guaranty Program for the 10 United States money market mutual fund industry to the 11 extent a claim payment made exceeds the balance of fees 12 collected by the fund. 13 14 SEC. 4016. TEMPORARY CREDIT UNION PROVISIONS. (a) IN GENERAL.— 15 (1) DEFINITIONS.—Section 302(1) of the Fed- 16 eral Credit Union Act (12 U.S.C. 1795a(1)) is 17 amended, in the matter preceding subparagraph (A), 18 by striking ‘‘primarily serving natural persons’’. 19 (2) MEMBERSHIP.—Section 304(b)(2) of the 20 Federal Credit Union Act (12 U.S.C. 1795c(b)(2)) 21 is amended by striking ‘‘all those credit unions’’ and 22 inserting ‘‘such credit unions as the Board may in 23 its discretion determine’’. 24 25 (3) EXTENSIONS OF CREDIT.—Section 306(a)(1) of the Federal Credit Union Act (12 BAI20215 S.L.C. 546 1 U.S.C. 1795e(a)(1)) is amended, in the second sen- 2 tence, by striking ‘‘the intent of which is to expand 3 credit union portfolios’’ and inserting ‘‘without first 4 having obtained evidence from the applicant that the 5 applicant has made reasonable efforts to first use 6 primary sources of liquidity of the applicant, includ- 7 ing balance sheet and market funding sources, to 8 address the liquidity needs of the applicant’’. 9 (4) POWERS OF THE BOARD.—Section 10 307(a)(4)(A) of the Federal Credit Union Act (12 11 U.S.C. 1795f(a)(4)(A)) is amended by inserting ‘‘, 12 provided that, the total face value of such obliga- 13 tions shall not exceed 16 times the subscribed cap- 14 ital stock and surplus of the Facility for the period 15 beginning on the date of enactment of the 16 Coronavirus Economic Stabilization Act of 2020 and 17 ending on December 31, 2020’’ after ‘‘Facility’’. 18 (b) SUNSET.— 19 (1) IN GENERAL.— 20 (A) DEFINITIONS.—Section 302(1) of the 21 Federal Credit Union Act (12 U.S.C. 1795a(1)) 22 is amended, in the matter preceding subpara- 23 graph (A), by inserting ‘‘primarily serving nat- 24 ural persons’’ after ‘‘credit unions’’. BAI20215 S.L.C. 547 1 (B) MEMBERSHIP.—Section 304(b)(2) of 2 the Federal Credit Union Act (12 U.S.C. 3 1795c(b)(2)) is amended by striking ‘‘such 4 credit unions as the Board may in its discretion 5 determine’’ and inserting ‘‘all those credit 6 unions’’. 7 (C) EXTENSIONS OF CREDIT.—Section 8 306(a)(1) of the Federal Credit Union Act (12 9 U.S.C. 1795e(a)(1)) is amended, in the second 10 sentence, by striking ‘‘without first having ob- 11 tained evidence from the applicant that the ap- 12 plicant has made reasonable efforts to first use 13 primary sources of liquidity of the applicant, in- 14 cluding balance sheet and market funding 15 sources, to address the liquidity needs of the 16 applicant’’ and inserting ‘‘the intent of which is 17 to expand credit union portfolios’’. 18 (2) EFFECTIVE DATE.—The amendments made 19 by paragraph (1) shall take effect on December 31, 20 2020. 21 SEC. 4017. INCREASING ACCESS TO MATERIALS NECESSARY 22 FOR NATIONAL SECURITY AND PANDEMIC 23 RECOVERY. 24 Notwithstanding any other provision of law— BAI20215 S.L.C. 548 1 (1) during the 2-year period beginning on the 2 date of enactment of this Act, the requirements de- 3 scribed in sections 303(a)(6)(C) and 304(e) of the 4 Defense Production Act of 1950 (50 U.S.C. 5 4533(a)(6)(C), 4534(e)) shall not apply; and 6 (2) during the 1-year period beginning on the 7 date of enactment of this Act, the requirements de- 8 scribed in sections 302(d)(1) and 303 (a)(6)(B) of 9 the Defense Production Act of 1950 (50 U.S.C. 10 11 4532(d)(1), 4533(a)(6)(B)) shall not apply. SEC. 4018. SPECIAL INSPECTOR GENERAL FOR PANDEMIC 12 13 RECOVERY. (a) OFFICE OF INSPECTOR GENERAL.—There is 14 hereby established within the Department of the Treasury 15 the Office of the Special Inspector General for Pandemic 16 Recovery. 17 18 19 (b) APPOINTMENT OF INSPECTOR GENERAL; RE- MOVAL.— (1) IN GENERAL.—The head of the Office of 20 the Special Inspector General for Pandemic Recov- 21 ery shall be the Special Inspector General for Pan- 22 demic Recovery (referred to in this section as the 23 ‘‘Special Inspector General’’), who shall be appointed 24 by the President, by and with the advice and consent 25 of the Senate. BAI20215 S.L.C. 549 1 (2) NOMINATION.—The nomination of the Spe- 2 cial Inspector General shall be made on the basis of 3 integrity and demonstrated ability in accounting, au- 4 diting, financial analysis, law, management analysis, 5 public administration, or investigations. The nomina- 6 tion of an individual as Special Inspector General 7 shall be made as soon as practicable after any loan, 8 loan guarantee, or other investment is made under 9 section 4003. 10 (3) REMOVAL.—The Special Inspector General 11 shall be removable from office in accordance with 12 the provisions of section 3(b) of the Inspector Gen- 13 eral Act of 1978 (5 U.S.C. App.). 14 (4) POLITICAL ACTIVITY.—For purposes of sec- 15 tion 7324 of title 5, United States Code, the Special 16 Inspector General shall not be considered an em- 17 ployee who determines policies to be pursued by the 18 United States in the nationwide administration of 19 Federal law. 20 (5) BASIC PAY.—The annual rate of basic pay 21 of the Special Inspector General shall be the annual 22 rate of basic pay for an Inspector General under sec- 23 tion 3(e) of the Inspector General Act of 1978 (5 24 U.S.C. App.). 25 (c) DUTIES.— BAI20215 S.L.C. 550 1 (1) IN GENERAL.—It shall be the duty of the 2 Special Inspector General to, in accordance with sec- 3 tion 4(b)(1) of the Inspector General Act of 1978 (5 4 U.S.C. App.), conduct, supervise, and coordinate au- 5 dits and investigations of the making, purchase, 6 management, and sale of loans, loan guarantees, and 7 other investments made by the Secretary of the 8 Treasury under any program established by the Sec- 9 retary under this Act, and the management by the 10 Secretary of any program established under this Act, 11 including by collecting and summarizing the fol- 12 lowing information: 13 (A) A description of the categories of the 14 loans, loan guarantees, and other investments 15 made by the Secretary. 16 (B) A listing of the eligible businesses re- 17 ceiving loan, loan guarantees, and other invest- 18 ments made under each category described in 19 subparagraph (A). 20 (C) An explanation of the reasons the Sec- 21 retary determined it to be appropriate to make 22 each loan or loan guarantee under this Act, in- 23 cluding a justification of the price paid for, and 24 other financial terms associated with, the appli- 25 cable transaction. BAI20215 S.L.C. 551 1 (D) A listing of, and detailed biographical 2 information with respect to, each person hired 3 to manage or service each loan, loan guarantee, 4 or other investment made under section 4003. 5 (E) A current, as of the date on which the 6 information is collected, estimate of the total 7 amount of each loan, loan guarantee, and other 8 investment made under this Act that is out- 9 standing, the amount of interest and fees ac- 10 crued and received with respect to each loan or 11 loan guarantee, the total amount of matured 12 loans, the type and amount of collateral, if any, 13 and any losses or gains, if any, recorded or ac- 14 crued for each loan, loan guarantee, or other in- 15 vestment. 16 (2) MAINTENANCE OF SYSTEMS.—The Special 17 Inspector General shall establish, maintain, and 18 oversee such systems, procedures, and controls as 19 the Special Inspector General considers appropriate 20 to discharge the duties of the Special Inspector Gen- 21 eral under paragraph (1). 22 (3) ADDITIONAL DUTIES AND RESPONSIBIL- 23 ITIES.—In 24 graphs (1) and (2), the Special Inspector General 25 shall also have the duties and responsibilities of in- addition to the duties described in para- BAI20215 S.L.C. 552 1 spectors general under the Inspector General Act of 2 1978 (5 U.S.C. App.). 3 (d) POWERS AND AUTHORITIES.— 4 (1) IN GENERAL.—In carrying out the duties of 5 the Special Inspector General under subsection (c), 6 the Special Inspector General shall have the authori- 7 ties provided in section 6 of the Inspector General 8 Act of 1978 (5 U.S.C. App.). 9 (2) TREATMENT OF OFFICE.—The Office of the 10 Special Inspector General for Pandemic Recovery 11 shall be considered to be an office described in sec- 12 tion 6(f)(3) of the Inspector General Act of 1978 (5 13 U.S.C. App.) and shall be exempt from an initial de- 14 termination by the Attorney General under section 15 6(f)(2) of that Act. 16 (e) PERSONNEL, FACILITIES, 17 18 AND OTHER RE- SOURCES.— (1) APPOINTMENT OF OFFICERS AND EMPLOY- 19 EES.—The 20 point, and employ such officers and employees as 21 may be necessary for carrying out the duties of the 22 Special Inspector General, subject to the provisions 23 of title 5, United States Code, governing appoint- 24 ments in the competitive service, and the provisions 25 of chapter 51 and subchapter III of chapter 53 of Special Inspector General may select, ap- BAI20215 S.L.C. 553 1 that title, relating to classification and General 2 Schedule pay rates. 3 (2) EXPERTS AND CONSULTANTS.—The Special 4 Inspector General may obtain services as authorized 5 under section 3109 of title 5, United States Code, 6 at daily rates not to exceed the equivalent rate pre- 7 scribed for grade GS–15 of the General Schedule by 8 section 5332 of that title. 9 (3) CONTRACTS.—The Special Inspector Gen- 10 eral may enter into contracts and other arrange- 11 ments for audits, studies, analyses, and other serv- 12 ices with public agencies and with private persons, 13 and make such payments as may be necessary to 14 carry out the duties of the Inspector General. 15 16 (4) REQUESTS (A) IN FOR INFORMATION.— GENERAL.—Upon request of the 17 Special Inspector General for information or as- 18 sistance from any department, agency, or other 19 entity of the Federal Government, the head of 20 that department, agency, or entity shall, to the 21 extent practicable and not in contravention of 22 any existing law, furnish that information or 23 assistance to the Special Inspector General, or 24 an authorized designee. BAI20215 S.L.C. 554 1 (B) REFUSAL 2 FORMATION.—Whenever 3 ance requested by the Special Inspector General 4 is, in the judgment of the Special Inspector 5 General, unreasonably refused or not provided, 6 the Special Inspector General shall report the 7 circumstances to the appropriate committees of 8 Congress without delay. 9 TO PROVIDE REQUESTED IN- information or assist- (f) REPORTS.— 10 (1) QUARTERLY 11 (A) IN REPORTS.— GENERAL.—Not later than 60 days 12 after the date on which the Special Inspector 13 General is confirmed, and once every calendar 14 quarter thereafter, the Special Inspector Gen- 15 eral shall submit to the appropriate committees 16 of Congress a report summarizing the activities 17 of the Special Inspector General during the 3- 18 month period ending on the date on which the 19 Special Inspector General submits the report. 20 (B) CONTENTS.—Each report submitted 21 under subparagraph (A) shall include, for the 22 period covered by the report, a detailed state- 23 ment of all loans, loan guarantees, other trans- 24 actions, obligations, expenditures, and revenues 25 associated with any program established by the BAI20215 S.L.C. 555 1 Secretary under section 4003, as well as the in- 2 formation collected under subsection (c)(1). 3 (2) RULE OF CONSTRUCTION.—Nothing in this 4 subsection may be construed to authorize the public 5 disclosure of information that is— 6 (A) specifically prohibited from disclosure 7 by any other provision of law; 8 (B) specifically required by Executive order 9 to be protected from disclosure in the interest 10 of national defense or national security or in 11 the conduct of foreign affairs; or 12 (C) a part of an ongoing criminal inves- 13 tigation. 14 (g) FUNDING.— 15 (1) IN GENERAL.—Of the amounts made avail- 16 able 17 $25,000,000 shall be made available to the Special 18 Inspector General to carry out this section. to the Secretary under section 4026, 19 (2) AVAILABILITY.—The amounts made avail- 20 able to the Special Inspector General under para- 21 graph (1) shall remain available until expended. 22 (h) TERMINATION.—The Office of the Special Inspec- 23 tor General shall terminate on the date 5 years after the 24 enactment of this Act. BAI20215 S.L.C. 556 1 2 (i) COUNCIL TEGRITY AND OF THE INSPECTORS GENERAL ON IN - EFFICIENCY.—The Special Inspector Gen- 3 eral shall be a member of the Council of the Inspectors 4 General on Integrity and Efficiency established under sec5 tion 11 of the Inspector General Act of 1978 (5 U.S.C. 6 App.) until the date of termination of the Office of the 7 Special Inspector General. 8 9 (j) CORRECTIVE RESPONSES LEMS.—The TO AUDIT PROB- Secretary shall— 10 (1) take action to address deficiencies identified 11 by a report or investigation of the Special Inspector 12 General; or 13 (2) with respect to a deficiency identified under 14 paragraph (1), certify to the Committee on Banking, 15 Housing, and Urban Affairs of the Senate, the Com- 16 mittee on Finance of the Senate, the Committee on 17 Financial Services of the House of Representatives, 18 and the Committee on Ways and Means of the 19 House of Representatives that no action is necessary 20 or appropriate. 21 22 23 SEC. 4019. CONFLICTS OF INTEREST. (a) DEFINITIONS.—In this section: (1) CONTROLLING INTEREST.—The term ‘‘con- 24 trolling interest’’ means owning, controlling, or hold- 25 ing not less than 20 percent, by vote or value, indi- BAI20215 S.L.C. 557 1 vidually or for any covered individual in the aggre- 2 gate with any other covered individual, of any class 3 of equity interest in an entity. 4 (2) COVERED ENTITY.—The term ‘‘covered en- 5 tity’’ means an entity in which a covered individual 6 directly or indirectly holds a controlling interest. 7 8 (3) COVERED INDIVIDUAL.—The term ‘‘covered individual’’ means— 9 (A) the President, the Vice President, the 10 head of an Executive department, or a Member 11 of Congress; and 12 (B) the spouse, child, son-in-law, or daugh- 13 ter-in-law, as determined under applicable com- 14 mon law, of an individual described in subpara- 15 graph (A). 16 (4) EQUITY 17 terest’’ means— 18 19 INTEREST.—The term ‘‘equity in- (A) a share in an entity, without regard to whether the share is— 20 (i) transferable; or 21 (ii) classified as stock or anything 22 similar; 23 (B) an interest in a limited liability com- 24 pany or of a limited partner in a limited part- 25 nership; or BAI20215 S.L.C. 558 1 (C) a warrant or right, other than a right 2 to convert, to purchase, sell, or subscribe to a 3 share or interest described in subparagraph (A) 4 or (B), respectively. 5 (5) EXECUTIVE DEPARTMENT.—The term ‘‘Ex- 6 ecutive department’’ has the meaning given the term 7 in section 101 of title 5, United States Code. 8 (6) MEMBER OF CONGRESS.—The term ‘‘mem- 9 ber of Congress’’ means a member of the Senate or 10 House of Representatives, a Delegate to the House 11 of Representatives, and the Resident Commissioner 12 from Puerto Rico. 13 (b) PROHIBITION.—Notwithstanding any other provi- 14 sion of this subtitle, no covered entity may be eligible for 15 any transaction described in section 4003. 16 (c) REQUIREMENT.—The principal executive officer 17 and the principal financial officer, or individuals per18 forming similar functions, of an entity seeking to enter 19 a transaction under section 4003 shall, before that trans20 action is approved, certify to the Secretary and the Board 21 of Governors of the Federal Reserve System that the enti22 ty is eligible to engage in that transaction, including that 23 the entity is not a covered entity. BAI20215 S.L.C. 559 1 2 SEC. 4020. CONGRESSIONAL OVERSIGHT COMMISSION. (a) ESTABLISHMENT.—There is hereby established 3 the Congressional Oversight Commission (hereafter in this 4 section referred to as the ‘‘Oversight Commission’’) as an 5 establishment in the legislative branch. 6 7 8 (b) DUTIES.— (1) IN GENERAL.—The Oversight Commission shall— 9 (A) conduct oversight of the implementa- 10 tion of this subtitle by the Department of the 11 Treasury and the Board of Governors of the 12 Federal Reserve System, including efforts of 13 the Department and the Board to provide eco- 14 nomic stability as a result of the coronavirus 15 disease 2019 (COVID–19) pandemic of 2020; 16 17 18 (B) submit to Congress reports under paragraph (2); and (C) review the implementation of this sub- 19 title by the Federal Government. 20 (2) REGULAR 21 22 (A) IN REPORTS.— GENERAL.—Reports of the Over- sight Commission shall include the following: 23 (i) The use by the Secretary and the 24 Board of Governors of the Federal Reserve 25 System of authority under this subtitle, in- 26 cluding with respect to the use of con- BAI20215 S.L.C. 560 1 tracting authority and administration of 2 the provisions of this subtitle. 3 (ii) The impact of loans, loan guaran- 4 tees, and investments made under this sub- 5 title on the financial well-being of the peo- 6 ple of the United States and the United 7 States economy, financial markets, and fi- 8 nancial institutions. 9 (iii) The extent to which the informa- 10 tion made available on transactions under 11 this subtitle has contributed to market 12 transparency. 13 (iv) The effectiveness of loans, loan 14 guarantees, and investments made under 15 this subtitle of minimizing long-term costs 16 to the taxpayers and maximizing the bene- 17 fits for taxpayers. 18 (B) TIMING.—The reports required under 19 this paragraph shall be submitted not later 20 than 30 days after the first exercise by the Sec- 21 retary and the Board of Governors of the Fed- 22 eral Reserve System of the authority under this 23 subtitle and every 30 days thereafter. 24 (c) MEMBERSHIP.— BAI20215 S.L.C. 561 1 2 3 4 5 6 7 8 9 10 (1) IN GENERAL.—The Oversight Commission shall consist of 5 members as follows: (A) 1 member appointed by the Speaker of the House of Representatives. (B) 1 member appointed by the minority leader of the House of Representatives. (C) 1 member appointed by the majority leader of the Senate. (D) 1 member appointed by the minority leader of the Senate. 11 (E) 1 member appointed as Chairperson by 12 the Speaker of the House of Representatives 13 and the majority leader of the Senate, after 14 consultation with the minority leader of the 15 Senate and the minority leader of the House of 16 Representatives 17 (2) PAY.—Each member of the Oversight Com- 18 mission shall be paid at a rate equal to the daily 19 equivalent of the annual rate of basic pay for level 20 I of the Executive Schedule for each day (including 21 travel time) during which such member is engaged 22 in the actual performance of duties vested in the 23 Oversight Commission. 24 (3) PROHIBITION 25 OF COMPENSATION OF FED- ERAL EMPLOYEES.—Members of the Oversight Com- BAI20215 S.L.C. 562 1 mission who are full-time officers or employees of 2 the United States may not receive additional pay, al- 3 lowances, or benefits by reason of their service on 4 the Oversight Commission. 5 (4) TRAVEL EXPENSES.—Each member shall 6 receive travel expenses, including per diem in lieu of 7 subsistence, in accordance with applicable provisions 8 under subchapter I of chapter 57 of title 5, United 9 States Code. 10 (5) QUORUM.—Four members of the Oversight 11 Commission shall constitute a quorum but a lesser 12 number may hold hearings. 13 (6) VACANCIES.—A vacancy on the Oversight 14 Commission shall be filled in the manner in which 15 the original appointment was made. 16 (7) MEETINGS.—The Oversight Commission 17 shall meet at the call of the Chairperson or a major- 18 ity of its members. 19 (d) STAFF.— 20 (1) IN GENERAL.—The Oversight Commission 21 may appoint and fix the pay of any personnel as the 22 Oversight Commission considers appropriate. 23 24 (2) EXPERTS AND CONSULTANTS.—The Over- sight Commission may procure temporary and inter- BAI20215 S.L.C. 563 1 mittent services under section 3109(b) of title 5, 2 United States Code. 3 (3) STAFF OF AGENCIES.—Upon request of the 4 Oversight Commission, the head of any Federal de- 5 partment or agency may detail, on a reimbursable 6 basis, any of the personnel of that department or 7 agency to the Oversight Commission to assist it in 8 carrying out its duties under the this subtitle. 9 (e) POWERS.— 10 (1) HEARINGS AND EVIDENCE.—The Oversight 11 Commission, or any subcommittee or member there- 12 of, may, for the purpose of carrying out this section 13 hold hearings, sit and act at times and places, take 14 testimony, and receive evidence as the Oversight 15 Commission considers appropriate and may admin- 16 ister oaths or affirmations to witnesses appearing 17 before it. 18 (2) CONTRACTING.—The Oversight Commission 19 may, to such extent and in such amounts as are pro- 20 vided in appropriation Acts, enter into contracts to 21 enable the Oversight Commission to discharge its 22 duties under this section. 23 (3) POWERS OF MEMBERS AND AGENTS.—Any 24 member or agent of the Oversight Commission may, 25 if authorized by the Oversight Commission, take any BAI20215 S.L.C. 564 1 action which the Oversight Commission is authorized 2 to take by this section. 3 (4) OBTAINING OFFICIAL DATA.—The Over- 4 sight Commission may secure directly from any de- 5 partment or agency of the United States information 6 necessary to enable it to carry out this section. Upon 7 request of the Chairperson of the Oversight Commis- 8 sion, the head of that department or agency shall 9 furnish that information to the Oversight Commis- 10 11 sion. (5) REPORTS.—The Oversight Commission 12 shall receive and consider all reports required to be 13 submitted to the Oversight Commission under this 14 subtitle. 15 (f) TERMINATION.—The Oversight Commission shall 16 terminate on September 30, 2025. 17 (g) FUNDING FOR EXPENSES.— 18 (1) AUTHORIZATION OF APPROPRIATIONS.— 19 There is authorized to be appropriated to the Over- 20 sight Commission such sums as may be necessary 21 for any fiscal year, half of which shall be derived 22 from the applicable account of the House of Rep- 23 resentatives, and half of which shall be derived from 24 the contingent fund of the Senate. BAI20215 S.L.C. 565 1 (2) REIMBURSEMENT OF AMOUNTS.—An 2 amount equal to the expenses of the Oversight Com- 3 mission shall be promptly transferred by the Sec- 4 retary and the Board of Governors of the Federal 5 Reserve System, from time to time upon the present- 6 ment of a statement of such expenses by the Chair- 7 person of the Oversight Commission, from funds 8 made available to the Secretary under this subtitle 9 to the applicable fund of the House of Representa- 10 tives and the contingent fund of the Senate, as ap- 11 propriate, as reimbursement for amounts expended 12 from such account and fund under paragraph (1). 13 14 SEC. 4021. CREDIT PROTECTION DURING COVID–19. Section 623(a)(1) of the Fair Credit Reporting Act 15 (15 U.S.C. 1681s–2(a)(1)) is amended by adding at the 16 end the following: 17 ‘‘(F) REPORTING 18 COVID–19 PANDEMIC.— 19 ‘‘(i) 20 21 INFORMATION DEFINITIONS.—In DURING this sub- section: ‘‘(I) ACCOMMODATION.—The 22 term ‘accommodation’ includes an 23 agreement to defer 1 or more pay- 24 ments, make a partial payment, for- 25 bear any delinquent amounts, modify BAI20215 S.L.C. 566 1 a loan or contract, or any other assist- 2 ance or relief granted to a consumer 3 who is affected by the coronavirus dis- 4 ease 2019 (COVID–19) pandemic 5 during the covered period. 6 ‘‘(II) COVERED PERIOD.—The 7 term ‘covered period’ means the pe- 8 riod beginning on January 31, 2020 9 and ending on the later of— 10 ‘‘(aa) 120 days after the 11 date of enactment of this sub- 12 paragraph; or 13 ‘‘(bb) 120 days after the 14 date on which the national emer- 15 gency 16 coronavirus disease (COVID–19) 17 outbreak declared by the Presi- 18 dent on March 13, 2020 under 19 the National Emergencies Act 20 (50 U.S.C. 1601 et seq.) termi- 21 nates. concerning the novel 22 ‘‘(ii) REPORTING.—Except as pro- 23 vided in clause (iii), if a furnisher makes 24 an accommodation with respect to 1 or 25 more payments on a credit obligation or BAI20215 S.L.C. 567 1 account of a consumer, and the consumer 2 makes the payments or is not required to 3 make 1 or more payments pursuant to the 4 accommodation, the furnisher shall— 5 6 ‘‘(I) report the credit obligation or account as current; or 7 ‘‘(II) if the credit obligation or 8 account was delinquent before the ac- 9 commodation— 10 ‘‘(aa) maintain the delin- 11 quent status during the period in 12 which the accommodation is in 13 effect; and 14 ‘‘(bb) if the consumer brings 15 the credit obligation or account 16 current during the period de- 17 scribed in item (aa), report the 18 credit obligation or account as 19 current. 20 ‘‘(iii) EXCEPTION.—Clause (ii) shall 21 not apply with respect to a credit obliga- 22 tion or account of a consumer that has 23 been charged-off.’’. BAI20215 S.L.C. 568 1 SEC. 4022. FORECLOSURE MORATORIUM AND CONSUMER 2 3 4 RIGHT TO REQUEST FORBEARANCE. (a) DEFINITIONS.—In this section: (1) COVID–19 EMERGENCY.—The term 5 ‘‘COVID–19 emergency’’ means the national emer- 6 gency concerning the novel coronavirus disease 7 (COVID–19) outbreak declared by the President on 8 March 13, 2020 under the National Emergencies 9 Act (50 U.S.C. 1601 et seq.). 10 (2) FEDERALLY BACKED MORTGAGE LOAN.— 11 The term ‘‘Federally backed mortgage loan’’ in- 12 cludes any loan which is secured by a first or subor- 13 dinate lien on residential real property (including in- 14 dividual units of condominiums and cooperatives) de- 15 signed principally for the occupancy of from 1- to 4- 16 families that is— 17 (A) insured by the Federal Housing Ad- 18 ministration under title II of the National 19 Housing Act (12 U.S.C. 1707 et seq.); 20 21 (B) insured under section 255 of the National Housing Act (12 U.S.C. 1715z–20); 22 (C) guaranteed under section 184 or 184A 23 of the Housing and Community Development 24 Act of 1992 (12 U.S.C. 1715z–13a, 1715z– 25 13b); BAI20215 S.L.C. 569 1 2 3 4 5 6 (D) guaranteed or insured by the Department of Veterans Affairs; (E) guaranteed or insured by the Department of Agriculture; (F) made by the Department of Agriculture; or 7 (G) purchased or securitized by the Fed- 8 eral Home Loan Mortgage Corporation or the 9 Federal National Mortgage Association. 10 (3) COVERED PERIOD.—The term ‘‘covered pe- 11 riod’’ means the period beginning on the date of en- 12 actment of this Act and ending on the sooner of— 13 (A) the termination date of the national 14 emergency concerning the novel coronavirus dis- 15 ease (COVID-19) outbreak declared by the 16 President on March 13, 2020 under the Na- 17 tional Emergencies Act (50 U.S.C. 1601 et 18 seq.); or 19 20 (B) December 31, 2020. (4) FINANCIAL HARDSHIP.—The term ‘‘finan- 21 cial hardship’’ means an inability to meet basic liv- 22 ing expenses for goods and services necessary for the 23 borrower and his or her spouse and dependents. 24 (b) FORBEARANCE.— BAI20215 S.L.C. 570 1 (1) IN GENERAL.—During the covered period, a 2 borrower with a Federally backed mortgage loan ex- 3 periencing a financial hardship due, directly or indi- 4 rectly, to the COVID–19 emergency may request 5 forbearance on the Federally backed mortgage loan, 6 regardless of delinquency status, by— 7 8 (A) submitting a request to the borrower’s servicer; and 9 (B) affirming that the borrower is experi- 10 encing a financial hardship during the COVID– 11 19 emergency. 12 (2) DURATION OF FORBEARANCE.—Upon a re- 13 quest by a borrower for forbearance under para- 14 graph (1), such forbearance shall be granted for up 15 to 60 days, and shall be extended for up to 4 periods 16 of 30 days each at the request of the borrower, pro- 17 vided that, the borrower’s request for an extension 18 is made during the covered period, and, at the bor- 19 rower’s request, either the initial or extended period 20 of forbearance may be shortened. 21 (3) ACCRUAL OF INTEREST OR FEES.—During 22 a period of forbearance described in this subsection, 23 no fees, penalties, or interest beyond the amounts 24 scheduled or calculated as if the borrower made all 25 contractual payments on time and in full under the BAI20215 S.L.C. 571 1 terms of the mortgage contract, shall accrue on the 2 borrower’s account. 3 (c) REQUIREMENTS FOR SERVICERS.— 4 (1) IN GENERAL.—Upon receiving a request for 5 forbearance from a borrower under subsection (b), 6 the servicer shall— 7 (A) with no additional documentation re- 8 quired other than the borrower’s attestation to 9 a financial hardship caused by the COVID–19 10 emergency and with no fees, penalties, or inter- 11 est (beyond the amounts scheduled or cal- 12 culated as if the borrower made all contractual 13 payments on time and in full under the terms 14 of the mortgage contract) charged to the bor- 15 rower in connection with the forbearance, pro- 16 vide the forbearance for up to 60 days, which 17 may be extended for up to 4 periods of 30 days 18 each at the request of the borrower, provided 19 that, the borrower’s request for an extension is 20 made during the covered period, and, at the 21 borrower’s request, either the initial or extended 22 period of forbearance may be shortened; 23 (B) while such forbearance is in effect, pay 24 or advance funds to make disbursements in a 25 timely manner from any escrow account estab- BAI20215 S.L.C. 572 1 lished on the mortgage loan, and maintain reg- 2 ular communication with such borrower; and 3 (C) before the end of such forbearance, 4 evaluate the borrower’s ability to return to 5 making regular mortgage payments, and based 6 on that evaluation; 7 (D) if the borrower is able to return to 8 making regular mortgage payments at the end 9 of the forbearance period, at the borrower’s re- 10 quest and in accordance with the borrower’s 11 choice— 12 (i) reinstate the loan with no pen- 13 alties, fees, or interest accrued beyond the 14 amounts scheduled or calculated as if the 15 borrower made all contractual payments on 16 time and in full under the terms of the 17 mortgage contract and with no modifica- 18 tion fees charged to the borrower; 19 (ii) provide a written repayment plan 20 with no penalties, fees, or interest accrued 21 beyond the amounts scheduled or cal- 22 culated as if the borrower made all con- 23 tractual payments on time and in full 24 under the terms of the mortgage contract BAI20215 S.L.C. 573 1 and with no modification fees charged to 2 the borrower; or 3 (iii)(I) at the borrower’s request, mod- 4 ify the borrower’s loan to extend the term 5 for a period that is at least the same pe- 6 riod as the length of the forbearance, with 7 all payments that were not made during 8 the forbearance distributed across the pay- 9 ments added by the extension at the same 10 intervals as the borrower’s existing pay- 11 ment 12 across those intervals, with no penalties, 13 fees, or interest accrued beyond the 14 amounts scheduled or calculated as if the 15 borrower made all contractual payments on 16 time and in full under the terms of the 17 mortgage contract and with no modifica- 18 tion fees charged to the borrower; and schedule and evenly distributed 19 (II) notify the borrower in writing of 20 the extension, including provision of a new 21 payment schedule and date of maturity, 22 and that the borrower shall have the elec- 23 tion of prepaying the forborne payments at 24 any time, in a lump sum or otherwise; BAI20215 S.L.C. 574 1 (iv)(I) if the borrower elects to modify 2 the loan to capitalize a resulting escrow 3 shortage or deficiency, the servicer may 4 modify the borrower’s loan by re-amor- 5 tizing the principal balance and extending 6 the term of the loan sufficient to maintain 7 the regular mortgage payments, with no 8 penalties, fees, or interest accrued beyond 9 the amounts scheduled or calculated as if 10 the borrower made all contractual pay- 11 ments on time and in full under the terms 12 of the mortgage contract and with no 13 modification fees charged to the borrower; 14 and 15 (II) notify the borrower in writing of 16 the extension, including provision of a new 17 payment schedule and date of maturity, 18 and that the borrower shall have the elec- 19 tion of prepaying the suspended payments 20 at any time, in a lump sum or otherwise; 21 or 22 (v) if the borrower is financially un- 23 able to return to making regular mortgage 24 payments at the end of the forbearance pe- 25 riod and if the borrower elects, or if the BAI20215 S.L.C. 575 1 borrower is able to return to making reg- 2 ular mortgage payments but so elects— 3 (I) evaluate the borrower for all 4 loan modification options without re- 5 gard to whether the borrower has pre- 6 viously requested, been offered, or 7 provided a loan modification or other 8 loss mitigation option, including— 9 10 (aa) further extending the borrower’s repayment period; or 11 (bb) other modification op- 12 tions available to the servicer 13 under the terms of their loan and 14 existing laws and policies; and 15 (II) if the borrower qualifies for 16 such a modification, modify the bor- 17 rower’s loan to provide a loan with 18 such terms as to provide an affordable 19 payment, with no penalties, additional 20 interest beyond the amounts sched- 21 uled to calculated as if the borrower 22 made all contractual payments on 23 time and in full under the terms of 24 the mortgage contract in effect at th 25 time the borrower entered into the BAI20215 S.L.C. 576 1 forbearance, and with no modification 2 fees charged to the borrower. 3 4 (2) NOTIFICATION.— (A) IN GENERAL.—Each servicer of a Fed- 5 erally backed mortgage loan shall notify the 6 borrower of their right to request forbearance 7 under this section throughout the period of the 8 COVID–19 emergency — 9 10 (i) on, or accompanying, each periodic statement provided to the borrower; and 11 (ii) in any oral or written communica- 12 tion by the servicer with or to the bor- 13 rower. 14 (B) MANNER 15 (i) OF NOTIFICATION.— WRITTEN NOTIFICATION.—Any 16 written notification required under sub- 17 paragraph (A)— 18 (I) shall be provided— 19 (aa) in English and Spanish 20 and in any additional languages 21 in which the servicer commu- 22 nicates; and 23 (bb) at least as clearly and 24 conspicuously as the most clear BAI20215 S.L.C. 577 1 and conspicuous disclosure on the 2 document; 3 (II) shall include the notification 4 of the availability of language assist- 5 ance and housing counseling; and 6 (III) may be provided by first- 7 class mail or electronically, if the bor- 8 rower has otherwise consented to elec- 9 tronic communication with the 10 servicer and has not revoked such 11 consent. 12 (ii) ORAL NOTIFICATION.—Any oral 13 notification required under subparagraph 14 (A) shall be provided in the language the 15 servicer otherwise uses to communicate 16 with the borrower. 17 (iii) WRITTEN TRANSLATIONS.—In 18 providing written notifications in languages 19 other than English under clause (i), a 20 servicer may rely on written translations 21 developed by the Federal Housing Finance 22 Agency or the Bureau of Consumer Finan- 23 cial Protection. 24 25 (3) FORECLOSURE MORATORIUM.—Except with respect to a vacant or abandoned property, a BAI20215 S.L.C. 578 1 servicer of a Federally backed mortgage loan may 2 not initiate any judicial or non-judicial foreclosure 3 process, move for a foreclosure judgment or order of 4 sale, or execute a foreclosure-related eviction or fore- 5 closure sale for not less than the 60-day period be- 6 ginning on March 18, 2020. 7 (d) ENFORCEMENT.—The provisions of this section 8 shall be enforceable using the remedies available— 9 (1) to the Federal agency insurer, guarantor, 10 originator, or purchaser of the Federally backed 11 mortgage loan; and 12 (2) under the Real Estate Settlement Proce- 13 dures Act of 1974 (12 U.S.C. 2601 et seq.). 14 SEC. 4023. FORBEARANCE OF RESIDENTIAL MORTGAGE 15 LOAN PAYMENTS FOR MULTIFAMILY PROP- 16 ERTIES WITH FEDERALLY BACKED LOANS. 17 (a) IN GENERAL.—During the covered period, a mul- 18 tifamily borrower with a Federally backed multifamily 19 mortgage loan experiencing a financial hardship due, di20 rectly or indirectly, to the COVID–19 emergency may re21 quest a forbearance under the terms set forth in this sec22 tion. 23 (b) REQUEST FOR RELIEF.—A multifamily borrower 24 with a Federally backed multifamily mortgage loan that 25 was current on its payments as of February 1, 2020, may BAI20215 S.L.C. 579 1 submit an oral or written request for forbearance under 2 subsection (a) to the borrower’s servicer affirming that the 3 multifamily borrower is experiencing a financial hardship 4 during the COVID–19 emergency. 5 6 (c) FORBEARANCE PERIOD.— (1) IN GENERAL.—Upon receipt of an oral or 7 written request for forbearance from a multifamily 8 borrower, a servicer shall— 9 (A) document the financial hardship; 10 11 (B) provide the forbearance for up to 30 days; and 12 (C) extend the forbearance for up to 2 ad- 13 ditional 30 day periods upon the request of the 14 borrower provided that, the borrower’s request 15 for an extension is made during the covered pe- 16 riod, and, at least 15 days prior to the end of 17 the forbearance period described under sub- 18 paragraph (B). 19 (2) RIGHT TO DISCONTINUE.—A multifamily 20 borrower shall have the option to discontinue the 21 forbearance at any time. 22 (d) RENTER PROTECTIONS DURING FORBEARANCE 23 PERIOD.—A multifamily borrower that receives a forbear24 ance under this section may not, for the duration of the 25 forbearance— BAI20215 S.L.C. 580 1 (1) evict or initiate the eviction of a tenant 2 from a dwelling unit located in or on the applicable 3 property solely for nonpayment of rent or other fees 4 or charges; or 5 (2) charge any late fees, penalties, or other 6 charges to a tenant described in paragraph (1) for 7 late payment of rent. 8 (e) NOTICE.—A multifamily borrower that receives a 9 forbearance under this section— 10 (1) may not require a tenant to vacate a dwell- 11 ing unit located in or on the applicable property be- 12 fore the date that is 30 days after the date on which 13 the borrower provides the tenant with a notice to va- 14 cate; and 15 (2) may not issue a notice to vacate under 16 paragraph (1) until after the expiration of the for- 17 bearance. 18 (f) DEFINITIONS.—In this section: 19 (1) APPLICABLE PROPERTY.—The term ‘‘appli- 20 cable property’’, with respect to a Federally backed 21 multifamily mortgage loan, means the residential 22 multifamily property against which the mortgage 23 loan is secured by a lien. 24 (2) FEDERALLY 25 GAGE LOAN.—The BACKED MULTIFAMILY MORT- term ‘‘Federally backed multi- BAI20215 S.L.C. 581 1 family mortgage loan’’ includes any loan (other than 2 temporary financing such as a construction loan) 3 that— 4 (A) is secured by a first or subordinate lien 5 on residential multifamily real property de- 6 signed principally for the occupancy of 5 or 7 more families, including any such secured loan, 8 the proceeds of which are used to prepay or pay 9 off an existing loan secured by the same prop- 10 erty; and 11 (B) is made in whole or in part, or in- 12 sured, guaranteed, supplemented, or assisted in 13 any way, by any officer or agency of the Fed- 14 eral Government or under or in connection with 15 a housing or urban development program ad- 16 ministered by the Secretary of Housing and 17 Urban Development or a housing or related 18 program administered by any other such officer 19 or agency, or is purchased or securitized by the 20 Federal Home Loan Mortgage Corporation or 21 the Federal National Mortgage Association. 22 (3) MULTIFAMILY BORROWER.—the term ‘‘mul- 23 tifamily borrower’’ means a borrower of a residential 24 mortgage loan that is secured by a lien against a 25 property comprising 5 or more dwelling units. BAI20215 S.L.C. 582 1 (4) COVID–19 EMERGENCY.—The term 2 ‘‘COVID–19 emergency’’ means the national emer- 3 gency concerning the novel coronavirus disease 4 (COVID–19) outbreak declared by the President on 5 March 13, 2020 under the National Emergencies 6 Act (50 U.S.C. 1601 et seq.). 7 (5) COVERED PERIOD.—The term ‘‘covered pe- 8 riod’’ means the period beginning on the date of en- 9 actment of this Act and ending on the sooner of— 10 (A) the termination date of the national 11 emergency concerning the novel coronavirus dis- 12 ease (COVID–19) outbreak declared by the 13 President on March 13, 2020 under the Na- 14 tional Emergencies Act (50 U.S.C. 1601 et 15 seq.); or 16 17 18 19 20 21 22 (B) December 31, 2020. SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FILINGS. (a) DEFINITIONS.—In this section: (1) COVERED DWELLING.—The term ‘‘covered dwelling’’ means a dwelling that— (A) is occupied by a tenant— 23 (i) pursuant to a residential lease; or 24 (ii) without a lease or with a lease ter- 25 minable under State law; and BAI20215 S.L.C. 583 1 2 3 4 (B) is on or in a covered property. (2) COVERED PROPERTY.—The term ‘‘covered property’’ means any property that— (A) participates in— 5 (i) a covered housing program (as de- 6 fined in section 41411(a) of the Violence 7 Against Women Act of 1994 (34 U.S.C. 8 12491(a))); or 9 (ii) the rural housing voucher pro- 10 gram under section 542 of the Housing 11 Act of 1949 (42 U.S.C. 1490r); or 12 (B) has a— 13 (i) Federally backed mortgage loan; or 14 (ii) 15 16 Federally backed multifamily mortgage loan. (3) DWELLING.—The term ‘‘dwelling’’— 17 (A) has the meaning given the term in sec- 18 tion 802 of the Fair Housing Act (42 U.S.C. 19 3602); and 20 (B) includes houses and dwellings de- 21 scribed in section 803(b) of such Act (42 22 U.S.C. 3603(b)). 23 (4) FEDERALLY 24 BACKED MORTGAGE LOAN.— The term ‘‘Federally backed mortgage loan’’ in- BAI20215 S.L.C. 584 1 cludes any loan (other than temporary financing 2 such as a construction loan) that— 3 (A) is secured by a first or subordinate lien 4 on residential real property (including indi- 5 vidual units of condominiums and cooperatives) 6 designed principally for the occupancy of from 7 1 to 4 families, including any such secured 8 loan, the proceeds of which are used to prepay 9 or pay off an existing loan secured by the same 10 property; and 11 (B) is made in whole or in part, or in- 12 sured, guaranteed, supplemented, or assisted in 13 any way, by any officer or agency of the Fed- 14 eral Government or under or in connection with 15 a housing or urban development program ad- 16 ministered by the Secretary of Housing and 17 Urban Development or a housing or related 18 program administered by any other such officer 19 or agency, or is purchased or securitized by the 20 Federal Home Loan Mortgage Corporation or 21 the Federal National Mortgage Association. 22 (5) FEDERALLY BACKED MULTIFAMILY MORT- 23 GAGE LOAN.—The 24 family mortgage loan’’ includes any loan (other than term ‘‘Federally backed multi- BAI20215 S.L.C. 585 1 temporary financing such as a construction loan) 2 that— 3 (A) is secured by a first or subordinate lien 4 on residential multifamily real property de- 5 signed principally for the occupancy of 5 or 6 more families, including any such secured loan, 7 the proceeds of which are used to prepay or pay 8 off an existing loan secured by the same prop- 9 erty; and 10 (B) is made in whole or in part, or in- 11 sured, guaranteed, supplemented, or assisted in 12 any way, by any officer or agency of the Fed- 13 eral Government or under or in connection with 14 a housing or urban development program ad- 15 ministered by the Secretary of Housing and 16 Urban Development or a housing or related 17 program administered by any other such officer 18 or agency, or is purchased or securitized by the 19 Federal Home Loan Mortgage Corporation or 20 the Federal National Mortgage Association. 21 (b) MORATORIUM.—During the 120-day period be- 22 ginning on the date of enactment of this Act, the lessor 23 of a covered dwelling may not— 24 (1) make, or cause to be made, any filing with 25 the court of jurisdiction to initiate a legal action to BAI20215 S.L.C. 586 1 recover possession of the covered dwelling from the 2 tenant for nonpayment of rent or other fees or 3 charges; or 4 (2) charge fees, penalties, or other charges to 5 the tenant related to such nonpayment of rent. 6 (c) NOTICE.—The lessor of a covered dwelling unit— 7 (1) may not require the tenant to vacate the 8 covered dwelling unit before the date that is 30 days 9 after the date on which the lessor provides the ten- 10 ant with a notice to vacate; and 11 (2) may not issue a notice to vacate under 12 paragraph (1) until after the expiration of the period 13 described in subsection (b). 14 15 SEC. 4025. REPORTS. (a) DISCLOSURE OF TRANSACTIONS.—Not later than 16 72 hours after any transaction by the Secretary under 17 paragraph (1), (2), or (3) of section 4003(b), the Sec18 retary shall publish on the website of the Department of 19 the Treasury— 20 (1) a plain-language description of the trans- 21 action, including the date of application, date of ap- 22 plication approval, and identity of the counterparty; 23 (2) the amount of the loan, loan guarantee, or 24 other investment and a description of the pricing 25 mechanism for the transaction; BAI20215 S.L.C. 587 1 (3) the interest rate, conditions, and any other 2 material or financial terms associated with the 3 transaction, if applicable; 4 (4) a copy of the relevant and final term sheet, 5 if applicable, and contract or other relevant docu- 6 mentation regarding the transaction; and 7 (5) a justification of the price paid for and 8 other financial terms associated with the trans- 9 action. 10 (b) REPORTS.— 11 (1) IN GENERAL.—In addition to such reports 12 as are required under section 5302(c) of title 31, 13 United States Code, not later than 7 days after the 14 Secretary makes any loan or loan guarantee under 15 paragraph (1), (2), or (3) of section 4003(b), the 16 Secretary shall submit to the Chairmen and Ranking 17 Members of the Committee on Banking, Housing, 18 and Urban Affairs and the Committee on Finance of 19 the Senate and the Chairmen and Ranking Members 20 of the Committee on Financial Services and the 21 Committee on Ways and Means of the House of 22 Representatives a report summarizing— 23 (A) an overview of actions taken by the 24 Secretary under section 4003(b) during such 25 period; BAI20215 S.L.C. 588 1 (B) the actual obligation, expenditure, and 2 disbursements of the funds provided for admin- 3 istrative expenses under this Act during such 4 period and the expected expenditure of such 5 funds in the subsequent period; and 6 (C) a detailed financial statement with re- 7 spect to the exercise of authority under section 8 4003(b) showing— 9 (i) all agreements, including loans, 10 loan guarantees, and other investments 11 made, renewed, or restructured; 12 (ii) all transactions during such pe- 13 riod, including the types of parties in- 14 volved; 15 16 (iii) the nature of the assets purchased; 17 (iv) all projected costs and liabilities; 18 (v) operating expenses, including com- 19 20 21 22 23 pensation for financial agents; (vi) the valuation or pricing method used for each transaction; (vii) a description of the vehicles established to exercise such authority; BAI20215 S.L.C. 589 1 (viii) any or all repayment activity, 2 delinquencies or defaults on loans issued 3 under this Act; and 4 (ix) the current status, credit charac- 5 teristics, and risk of loss of the Treasury 6 portfolio of loans, loan guarantees, or other 7 transactions made under this Act. 8 (2) PUBLICATION.—Not later than 7 days after 9 the Secretary submits a report to the relevant com- 10 mittees of Congress under paragraph (1), the Sec- 11 retary shall publish such report. 12 (3) SUMMARY.—Every 30 days during such 13 time as a loan or loan guarantee under paragraph 14 (1), (2), or (3) of section 4003(b) is outstanding, the 15 Secretary shall publish a report summarizing the in- 16 formation described in paragraph (1). 17 18 (4) BOARD OF GOVERNORS.— (A) IN GENERAL.—The Board of Gov- 19 ernors of the Federal Reserve System shall pro- 20 vide to the Committee on Banking, Housing, 21 and Urban Affairs of the Senate and the Com- 22 mittee on Financial Services of the House of 23 Representatives such reports as are required to 24 be provided under section 13(3) of the Federal 25 Reserve Act (12 U.S.C. 343(3))— BAI20215 S.L.C. 590 1 (i) not later than 7 days after the 2 Board authorizes a new facility or other fi- 3 nancial assistance in accordance with sec- 4 tion 13(3)(C)(i) of the Federal Reserve Act 5 (12 U.S.C. 343(3)(C)(i)); and 6 (ii) once every 30 days with respect to 7 outstanding loans or financial assistance in 8 accordance with section 13(3)(C)(ii) of the 9 Federal Reserve Act (12 U.S.C. 10 343(3)(C)(ii)). 11 (B) PUBLICATION.—Not later than 7 days 12 after the Board of Governors of the Federal Re- 13 serve System submits a report to the relevant 14 committees of Congress under paragraph (2), 15 the Board shall publish such report, subject to 16 redactions of confidential information. 17 (c) TESTIMONY.—The Secretary shall testify, on a 18 quarterly basis, before the Committee on Banking, Hous19 ing, and Urban Affairs of the Senate and the Committee 20 on Financial Services of the House of Representatives re21 garding the obligations of the Department of the Treas22 ury, and transactions entered into, under this Act. 23 (d) PROGRAM DESCRIPTIONS.—The Secretary shall 24 post on the website of the Department of the Treasury 25 all criteria, guidelines, eligibility requirements, and appli- BAI20215 S.L.C. 591 1 cation materials for the making of any loan or loan guar2 antee under paragraph (1), (2), or (3) of section 4003(b). 3 (e) ADMINISTRATIVE CONTRACTS.—Not later than 4 24 hours after the Secretary enters into a contract in con5 nection with the administration of any loan or loan guar6 antee authorized to be made under paragraph (1), (2), or 7 (3) of section 4003(b), the Secretary shall post on the 8 website of the Department of the Treasury a copy of the 9 contract. 10 (f) GOVERNMENT ACCOUNTABILITY OFFICE.— 11 (1) STUDY.—The Comptroller General of the 12 United States shall conduct a study on the loans, 13 loan guarantees, and other investments provided 14 under section 4003. 15 (2) REPORT.—Not later than 9 months after 16 the date of enactment of this Act, and annually 17 thereafter through the year succeeding the last year 18 for which loans, loan guarantees, or other invest- 19 ments made under section 4003 are outstanding, the 20 Comptroller General shall submit to the Committee 21 on Financial Services, the Committee on Transpor- 22 tation and Infrastructure, the Committee on Appro- 23 priations, and the Committee on the Budget of the 24 House of Representatives and the Committee on 25 Banking, Housing, and Urban Affairs, the Com- BAI20215 S.L.C. 592 1 mittee on Commerce, Science, and Transportation, 2 the Committee on Appropriations, and the Com- 3 mittee on the Budget of the Senate a report on the 4 loans, loan guarantees, and other investments made 5 under section 4003. 6 (g) REPORTS.—In addition to such reports as are re- 7 quired under section 5302(c) of title 31, United States 8 Code, and section 13(3) of the Federal Reserve Act (12 9 U.S.C. 343(3)), not later than 14 days after the effective 10 date of this Act, every 14 days for the following year, and 11 every 30 days thereafter, the Secretary shall publish on 12 the website of the Department of the Treasury and submit 13 to the Chairmen and Ranking Members of the Committee 14 on Financial Services and the Committee on Ways and 15 Means of the House of Representatives and the Chairmen 16 and Ranking Members of the Committee on Banking, 17 Housing, and Urban Affairs and the Committee on Fi18 nance of the Senate, a report summarizing— 19 (1) an overview of actions taken by the Sec- 20 retary under paragraph (1), (2), (3), or (4) of sec- 21 tion 4003(b) during such period; 22 (2) the actual obligation, expenditure, and dis- 23 bursements of the funds provided for administrative 24 expenses under this Act during such period and the BAI20215 S.L.C. 593 1 expected expenditure of such funds in the subse- 2 quent period; and 3 (3) a detailed financial statement with respect 4 to the exercise of authority under paragraph (1), 5 (2), (3), or (4) of section 4003(b) showing— 6 (A) all agreements, including loans, loan 7 guarantees, and other investments made, re- 8 newed, or restructured; and 9 10 (B) all transactions during such period, including the types of parties involved; 11 (C) the nature of the assets purchased; 12 (D) all projected costs and liabilities; 13 (E) operating expenses, including com- 14 15 16 17 18 pensation for financial agents; (F) the valuation or pricing method used for each transaction; (G) a description of the vehicles established to exercise such authority; 19 (H) any or all repayment activity, delin- 20 quencies or defaults on loans issued under this 21 Act; and 22 (I) the current status, credit characteris- 23 tics, and risk of loss of the Treasury portfolio 24 of loans, loan guarantees, or other transactions 25 made under this Act. BAI20215 S.L.C. 594 1 (h) TESTIMONY.—The Secretary and the Chairman 2 of the Board of Governors of the Federal Reserve System 3 shall testify, on a quarterly basis, before the Committee 4 on Banking, Housing, and Urban Affairs of the Senate 5 and the Committee on Financial Services of the House of 6 Representatives regarding the obligations of the Depart7 ment of the Treasury and the Federal Reserve System, 8 and transactions entered into, under this Act. 9 (i) PROGRAM DESCRIPTIONS.—The Secretary shall 10 post on the website of the Department of the Treasury 11 all criteria, guidelines, eligibility requirements, and appli12 cation materials for the making of any loan or loan guar13 antee under paragraph (1), (2), (3), or (4) of section 14 4003(b). 15 (j) ADMINISTRATIVE CONTRACTS.—Not later than 24 16 hours after the Secretary enters into a contract in connec17 tion with the administration of any loan, or loan guar18 antee, or other investment authorized to be made under 19 paragraph (1), (2), (3), or (4) of section 4003(b), the Sec20 retary shall post on the website of the Department of the 21 Treasury a copy of the contract. 22 (k) GOVERNMENT ACCOUNTABILITY OFFICE.— 23 (1) STUDY.—The Comptroller General of the 24 United States shall conduct a study on the loans, BAI20215 S.L.C. 595 1 loan guarantees, and other investments provided 2 under section 4003. 3 (2) REPORT.—Not later than 9 months after 4 the date of enactment of this Act, and annually 5 thereafter through the year succeeding the last year 6 for which loans, loan guarantees, or other invest- 7 ments made under section 4003 are outstanding, the 8 Comptroller General shall submit to the Committee 9 on Financial Services, the Committee on Transpor- 10 tation and Infrastructure, the Committee on Appro- 11 priations, and the Committee on the Budget of the 12 House of Representatives and the Committee on 13 Banking, Housing, and Urban Affairs, the Com- 14 mittee on Commerce, Science, and Transportation, 15 the Committee on Appropriations, and the Com- 16 mittee on the Budget of the Senate a report on the 17 loans, loan guarantees, and other investments made 18 under section 4003. 19 20 SEC. 4026. DIRECT APPROPRIATION. (a) IN GENERAL.—Notwithstanding any other provi- 21 sion of law, there is appropriated, out of amounts in the 22 Treasury not otherwise appropriated, to the fund estab23 lished under section 5302(a)(1) of title 31, United States 24 Code, $500,000,000,000 to carry out this subtitle. BAI20215 S.L.C. 596 1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 2 Section 5302(a) of title 31, United States Code, is amend3 ed— 4 (1) by striking ‘‘and’’ before ‘‘section 3’’; and 5 (2) by inserting ‘‘and the Coronavirus Eco- 6 nomic Stabilization Act of 2020,’’ before ‘‘and for 7 investing’’. 8 (c) CLARIFICATION.— 9 (1) IN GENERAL.—On or after January 1, 10 2021, any remaining funds made available under 11 section 4003(b) may be used only for— 12 (A) modifications, restructurings, or other 13 amendments of loans, loan guarantees, or other 14 investments 15 4028(b)(1); and in accordance with section 16 (B) exercising any options, warrants, or 17 other investments made prior to January 1, 18 2021; and 19 (C) paying costs and administrative ex- 20 penses as provided in section 4003(f). 21 (2) DEFICIT REDUCTION.—On January 1, 22 2026, any funds described in paragraph (1) that are 23 remaining shall be transferred to the general fund of 24 the Treasury to be used for deficit reduction. BAI20215 S.L.C. 597 1 2 SEC. 4027. RULE OF CONSTRUCTION. Nothing in this subtitle shall be construed to allow 3 the Secretary to provide relief to eligible businesses, 4 States, and municipalities except in the form of loans, loan 5 guarantees, and other investments as provided in this sub6 title and under terms and conditions that are in the inter7 est of the Federal Government. 8 9 SEC. 4028. TERMINATION OF AUTHORITY. (a) IN GENERAL.—Except as provided in subsection 10 (b), on December 31, 2020, the authority provided under 11 this subtitle to make new loans, loan guarantees, or other 12 investments shall terminate. 13 14 (b) OUTSTANDING.— (1) IN GENERAL.—Except as provided in para- 15 graph (2), any loan, loan guarantee, or other invest- 16 ment outstanding on the date described in sub- 17 section (a)— 18 19 20 (A) may be modified, restructured, or otherwise amended; and (B) may not be forgiven. 21 (2) DURATION.—The duration of any loan or 22 loan guarantee made under section 4003(b)(1) that 23 is modified, restructured, or otherwise amended 24 under paragraph (1) shall not be extended beyond 5 25 years from the initial origination date of the loan or 26 loan guarantee. BAI20215 S.L.C. 598 1 2 3 4 Subtitle B—Air Carrier Worker Support SEC. 4111. DEFINITIONS. Unless otherwise specified, the terms in section 5 40102(a) of title 49, United States Code, shall apply to 6 this subtitle, except that— 7 (1) the term ‘‘airline catering employee’’ means 8 an employee who performs airline catering services; 9 (2) the term ‘‘airline catering services’’ means 10 preparation, assembly, or both, of food, beverages, 11 provisions and related supplies for delivery, and the 12 delivery of such items, directly to aircraft or to a lo- 13 cation on or near airport property for subsequent 14 delivery to aircraft; 15 (3) the term ‘‘contractor’’ means— 16 (A) a person that performs, under contract 17 with a passenger air carrier conducting oper- 18 ations under part 121 of title 14, Code of Fed- 19 eral Regulations— 20 (i) catering functions; or 21 (ii) functions on the property of an 22 airport that are directly related to the air 23 transportation of persons, property, or 24 mail, including but not limited to the load- 25 ing and unloading of property on aircraft; BAI20215 S.L.C. 599 1 assistance to passengers under part 382 of 2 title 14, Code of Federal Regulations; se- 3 curity; airport ticketing and check-in func- 4 tions; ground-handling of aircraft; or air- 5 craft cleaning and sanitization functions 6 and waste removal; or 7 (B) a subcontractor that performs such 8 functions; 9 (4) the term ‘‘employee’’ means an individual, 10 other than a corporate officer, who is employed by 11 an air carrier or a contractor; and 12 13 14 15 (5) the term ‘‘Secretary’’ means the Secretary of the Treasury. SEC. 4112. PANDEMIC RELIEF FOR AVIATION WORKERS. (a) FINANCIAL ASSISTANCE 16 SALARIES, AND FOR EMPLOYEE WAGES, BENEFITS.—Notwithstanding any other 17 provision of law, to preserve aviation jobs and compensate 18 air carrier industry workers, the Secretary shall provide 19 financial assistance that shall exclusively be used for the 20 continuation of payment of employee wages, salaries, and 21 benefits to— 22 23 24 25 (1) passenger air carriers, in an aggregate amount up to $25,000,000,000; (2) cargo air carriers, in the aggregate amount up to $4,000,000,000; and BAI20215 S.L.C. 600 1 (3) contractors, in an aggregate amount up to 2 $3,000,000,000. 3 (b) ADMINISTRATIVE EXPENSES.—Notwithstanding 4 any other provision of law, the Secretary, may use 5 $100,000,000 of the funds made available under section 6 4120(a) for costs and administrative expenses associated 7 with providing financial assistance under this subtitle. 8 9 10 SEC. 4113. PROCEDURES FOR PROVIDING PAYROLL SUPPORT. (a) AWARDABLE AMOUNTS.—The Secretary shall 11 provide financial assistance under this subtitle— 12 (1) to an air carrier in an amount equal to the 13 salaries and benefits reported by the air carrier to 14 the Department of Transportation pursuant to part 15 241 of title 14, Code of Federal Regulations, for the 16 period from April 1, 2019, through September 30, 17 2019; and 18 (2) to an air carrier that does not transmit re- 19 ports under such part 241, in an amount that such 20 air carrier certifies, using sworn financial statements 21 or other appropriate data, as the amount of wages, 22 salaries, benefits, and other compensation that such 23 air carrier paid the employees of such air carrier 24 during the period from April 1, 2019, through Sep- 25 tember 30, 2019; and BAI20215 S.L.C. 601 1 (3) to a contractor, in an amount that the con- 2 tractor certifies, using sworn financial statements or 3 other appropriate data, as the amount of wages, sal- 4 aries, benefits, and other compensation that such 5 contractor paid the employees of such contractor 6 during the period from April 1, 2019, through Sep- 7 tember 30, 2019. 8 (b) DEADLINES AND PROCEDURES.— 9 10 (1) IN GENERAL.— (A) FORMS; TERMS AND CONDITIONS.—Fi- 11 nancial assistance provided to an air carrier or 12 contractor under this subtitle shall be in such 13 form, on such terms and conditions (including 14 requirements for audits and the clawback of 15 any financial assistance provided upon failure 16 by a passenger air carrier, cargo air carrier, or 17 contractor to honor the assurances specified in 18 section 4114), as the Secretary determines ap- 19 propriate. 20 (B) PROCEDURES.—The Secretary shall 21 publish streamlined and expedited procedures 22 not later than 5 days after the date of enact- 23 ment of this Act for air carriers and contractors 24 to submit requests for financial assistance 25 under this subtitle. BAI20215 S.L.C. 602 1 (2) DEADLINE FOR IMMEDIATE PAYROLL AS- 2 SISTANCE.—Not 3 enactment of this Act, the Secretary shall make ini- 4 tial payments to air carriers and contractors that 5 submit requests for financial assistance approved by 6 to the Secretary. 7 later than 10 days after the date of (3) SUBSEQUENT PAYMENTS.—The Secretary 8 shall determine an appropriate method for timely 9 distribution of payments to air carriers and contrac- 10 tors with approved requests for financial assistance 11 from any funds remaining available after providing 12 initial financial assistance payments under para- 13 graph (2). 14 (c) PRO RATA AUTHORITY.—The Secretary shall 15 have the authority to reduce, on a pro rata basis, the 16 amounts due to air carriers and contractors under the ap17 plicable paragraph of section 4112 in order to address any 18 shortfall in assistance that would otherwise be provided 19 under such section. 20 (d) AUDITS.—The Inspector General of the Depart- 21 ment of the Treasury shall audit certifications made under 22 subsection (a). 23 24 SEC. 4114. REQUIRED ASSURANCES. (a) IN GENERAL.—To be eligible for financial assist- 25 ance under this subtitle, an air carrier or contractor shall BAI20215 S.L.C. 603 1 enter into an agreement with the Secretary, or otherwise 2 certify in such form and manner as the Secretary shall 3 prescribe, that the air carrier or contractor shall— 4 (1) refrain from conducting involuntary fur- 5 loughs or reducing pay rates and benefits until Sep- 6 tember 30, 2020; 7 (2) through September 30, 2021, ensure that 8 neither the air carrier or contractor nor any affiliate 9 of the air carrier or contractor may, in any trans- 10 action, purchase an equity security of the air carrier 11 or contractor or the parent company of the air car- 12 rier or contractor that is listed on a national securi- 13 ties exchange; 14 (3) through September 30, 2021, ensure that 15 the air carrier or contractor shall not pay dividends, 16 or make other capital distributions, with respect to 17 the common stock (or equivalent interest) of the air 18 carrier or contractor; and 19 (4) meet the requirements of sections 4115 and 20 4116. 21 (b) DEPARTMENT 22 TO 23 ICE.— 24 25 OF TRANSPORTATION AUTHORITY CONDITION ASSISTANCE (1) IN ON CONTINUATION GENERAL.—The OF SERV- Secretary of Transpor- tation is authorized to require, to the extent reason- BAI20215 S.L.C. 604 1 able and practicable, an air carrier provided finan- 2 cial assistance under this subtitle to maintain sched- 3 uled air transportation service, as the Secretary of 4 Transportation deems necessary, to ensure services 5 to any point served by that carrier before March 1, 6 2020. 7 (2) REQUIRED CONSIDERATIONS.—When con- 8 sidering whether to exercise the authority provided 9 by this section, the Secretary of Transportation shall 10 take into consideration the air transportation needs 11 of small and remote communities and the need to 12 maintain well-functioning health care supply chains, 13 including medical devices and supplies, and pharma- 14 ceutical supply chains. 15 (3) SUNSET.—The authority provided under 16 this subsection shall terminate on March 1, 2022, 17 and any requirements issued by the Secretary of 18 Transportation under this subsection shall cease to 19 apply after that date. 20 21 22 SEC. 4115. PROTECTION OF COLLECTIVE BARGAINING AGREEMENT. (a) IN GENERAL.—Neither the Secretary, nor any 23 other actor, department, or agency of the Federal Govern24 ment, shall condition the issuance of financial assistance 25 under this subtitle on an air carrier’s or contractor’s im- BAI20215 S.L.C. 605 1 plementation of measures to enter into negotiations with 2 the certified bargaining representative of a craft or class 3 of employees of the air carrier or contractor under the 4 Railway Labor Act (45 U.S.C. 151 et seq.) or the National 5 Labor Relations Act (29 U.S.C. 151 et seq.), regarding 6 pay or other terms and conditions of employment. 7 (b) PERIOD OF EFFECT.—With respect to an air car- 8 rier or contractor to which financial assistance is provided 9 under this subtitle, this section shall be in effect with re10 spect to the air carrier or contractor beginning on the date 11 on which the air carrier or contractor is first issued such 12 financial assistance and ending on September 30, 2020. 13 14 15 SEC. 4116. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION. (a) IN GENERAL.—The Secretary may only provide 16 financial assistance under this subtitle to an air carrier 17 or contractor after such carrier or contractor enters into 18 an agreement with the Secretary which provides that, dur19 ing the 2-year period beginning March 24, 2020, and end20 ing March 24, 2022, no officer or employee of the air car21 rier or contractor whose total compensation exceeded 22 $425,000 in calendar year 2019 (other than an employee 23 whose compensation is determined through an existing col24 lective bargaining agreement entered into prior to enact25 ment of this Act)— BAI20215 S.L.C. 606 1 (1) will receive from the air carrier or con- 2 tractor total compensation which exceeds, during 3 any 12 consecutive months of such 2-year period, 4 the total compensation received by the officer or em- 5 ployee from the air carrier or contractor in calendar 6 year 2019; 7 (2) will receive from the air carrier or con- 8 tractor severance pay or other benefits upon termi- 9 nation of employment with the air carrier or con- 10 tractor which exceeds twice the maximum total com- 11 pensation received by the officer or employee from 12 the air carrier or contractor in calendar year 2019; 13 and 14 (3) no officer or employee of the eligible busi- 15 ness whose total compensation exceeded $3,000,000 16 in calendar year 2019 may receive during any 12 17 consecutive months of such period total compensa- 18 tion in excess of the sum of— 19 (A) $3,000,000; and 20 (B) 50 percent of the excess over 21 $3,000,000 of the total compensation received 22 by the officer or employee from the eligible 23 business in calendar year 2019. 24 (b) TOTAL COMPENSATION DEFINED.—In this sec- 25 tion, the term ‘‘total compensation’’ includes salary, bo- BAI20215 S.L.C. 607 1 nuses, awards of stock, and other financial benefits pro2 vided by an air carrier or contractor to an officer or em3 ployee of the air carrier or contractor. 4 5 SEC. 4117. TAX PAYER PROTECTION. The Secretary may receive warrants, options, pre- 6 ferred stock, debt securities, notes, or other financial in7 struments issued by recipients of financial assistance 8 under this subtitle which, in the sole determination of the 9 Secretary, provide appropriate compensation to the Fed10 eral Government for the provision of the financial assist11 ance. 12 13 SEC. 4118. REPORTS. (a) REPORT.—Not later than November 1, 2020, the 14 Secretary shall submit to the Committee on Transpor15 tation and Infrastructure and the Committee on Financial 16 Services of the House of Representatives and the Com17 mittee on Commerce, Science, and Transportation and the 18 Committee on Banking, Housing, and Urban Affairs of 19 the Senate a report on the financial assistance provided 20 to air carriers and contractors under this subtitle, includ21 ing a description of any financial assistance provided. 22 (b) UPDATE.—Not later than the last day of the 1- 23 year period following the date of enactment of this Act, 24 the Secretary shall update and submit to the Committee 25 on Transportation and the Committee on Financial Serv- BAI20215 S.L.C. 608 1 ices and Infrastructure of the House of Representatives 2 and the Committee on Commerce, Science, and Transpor3 tation and the Committee on Banking, Housing, and 4 Urban Affairs of the Senate the report described in sub5 section (a). 6 SEC. 4119. COORDINATION. 7 In implementing this subtitle the Secretary shall co- 8 ordinate with the Secretary of Transportation. 9 SEC. 4120. DIRECT APPROPRIATION. 10 Notwithstanding any other provision of law, there is 11 appropriated, out of amounts in the Treasury not other12 wise appropriated, $32,000,000,000 to carry out this sub13 title. 15 TITLE V—CORONAVIRUS RELIEF FUNDS 16 SEC. 5001. CORONAVIRUS RELIEF FUND. 14 17 (a) IN GENERAL.—The Social Security Act (42 18 U.S.C. 301 et seq.) is amended by inserting after title V 19 the following: 20 21 22 23 24 25 ‘‘TITLE VI—CORONAVIRUS RELIEF FUND ‘‘SEC. 601. CORONAVIRUS RELIEF FUND. ‘‘(a) APPROPRIATION.— ‘‘(1) IN GENERAL.—Out of any money in the Treasury of the United States not otherwise appro- BAI20215 S.L.C. 609 1 priated, there are appropriated for making payments 2 to States, Tribal governments, and units of local 3 government under this section, $150,000,000,000 4 for fiscal year 2020. 5 ‘‘(2) RESERVATION OF FUNDS.—Of the amount 6 appropriated under paragraph (1), the Secretary 7 shall reserve— 8 ‘‘(A) $3,000,000,000 of such amount for 9 making payments to the District of Columbia, 10 the Commonwealth of Puerto Rico, the United 11 States Virgin Islands, Guam, the Common- 12 wealth of the Northern Mariana Islands, and 13 American Samoa; and 14 15 16 17 ‘‘(B) $8,000,000,000 of such amount for making payments to Tribal governments. ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), 18 not later than 30 days after the date of enactment 19 of this section, the Secretary shall pay each State 20 and Tribal government, and each unit of local gov- 21 ernment that meets the condition described in para- 22 graph (2), the amount determined for the State, 23 Tribal government, or unit of local government, for 24 fiscal year 2020 under subsection (c). BAI20215 S.L.C. 610 1 ‘‘(2) DIRECT PAYMENTS TO UNITS OF LOCAL 2 GOVERNMENT.—If a unit of local government of a 3 State submits the certification required by sub- 4 section (e) for purposes of receiving a direct pay- 5 ment from the Secretary under the authority of this 6 paragraph, the Secretary shall reduce the amount 7 determined for that State by the relative unit of 8 local government population proportion amount de- 9 scribed in subsection (c)(5) and pay such amount di- 10 rectly to such unit of local government. 11 ‘‘(c) PAYMENT AMOUNTS.— 12 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 13 the amount paid under this section for fiscal year 14 2020 to a State that is 1 of the 50 States shall be 15 the amount equal to the relative population propor- 16 tion amount determined for the State under para- 17 graph (3) for such fiscal year. 18 19 ‘‘(2) MINIMUM ‘‘(A) IN PAYMENT.— GENERAL.—No State that is 1 of 20 the 50 States shall receive a payment under 21 this section for fiscal year 2020 that is less 22 than $1,250,000,000. 23 ‘‘(B) PRO RATA ADJUSTMENTS.—The Sec- 24 retary shall adjust on a pro rata basis the 25 amount of the payments for each of the 50 BAI20215 S.L.C. 611 1 States determined under this subsection without 2 regard to this subparagraph to the extent nec- 3 essary to comply with the requirements of sub- 4 paragraph (A). 5 ‘‘(3) RELATIVE POPULATION PROPORTION 6 AMOUNT.—For 7 ative population proportion amount determined 8 under this paragraph for a State for fiscal year 9 2020 is the product of— purposes of paragraph (1), the rel- 10 ‘‘(A) the amount appropriated under para- 11 graph (1) of subsection (a) for fiscal year 2020 12 that remains after the application of paragraph 13 (2) of that subsection; and 14 ‘‘(B) the relative State population propor- 15 tion (as defined in paragraph (4)). 16 ‘‘(4) RELATIVE STATE POPULATION PROPOR- 17 TION DEFINED.—For 18 the term ‘relative State population proportion’ 19 means, with respect to a State, the quotient of— purposes of paragraph (3)(B), 20 ‘‘(A) the population of the State; and 21 ‘‘(B) the total population of all States (ex- 22 cluding the District of Columbia and territories 23 specified in subsection (a)(2)(A)). 24 ‘‘(5) RELATIVE 25 UNIT OF LOCAL GOVERNMENT POPULATION PROPORTION AMOUNT.—For purposes BAI20215 S.L.C. 612 1 of subsection (b)(2), the term ‘relative unit of local 2 government population proportion amount’ means, 3 with respect to a unit of local government and a 4 State, the amount equal to the product of— 5 ‘‘(A) 45 percent of the amount of the pay- 6 ment determined for the State under this sub- 7 section (without regard to this paragraph); and 8 ‘‘(B) the amount equal to the quotient 9 of— 10 ‘‘(i) the population of the unit of local 11 government; and 12 ‘‘(ii) the total population of the State 13 in which the unit of local government is lo- 14 cated. 15 ‘‘(6) DISTRICT OF COLUMBIA AND TERRI- 16 TORIES.—The 17 fiscal year 2020 to a State that is the District of Co- 18 lumbia or a territory specified in subsection 19 (a)(2)(A) shall be the amount equal to the product 20 of— 21 22 amount paid under this section for ‘‘(A) the amount set aside under subsection (a)(2)(A) for such fiscal year; and 23 ‘‘(B) each such District’s and territory’s 24 share of the combined total population of the BAI20215 S.L.C. 613 1 District of Columbia and all such territories, as 2 determined by the Secretary. 3 ‘‘(7) TRIBAL GOVERNMENTS.—From the 4 amount set aside under subsection (a)(2)(B) for fis- 5 cal year 2020, the amount paid under this section 6 for fiscal year 2020 to a Tribal government shall be 7 the amount the Secretary shall determine, in con- 8 sultation with the Secretary of the Interior and In- 9 dian Tribes, that is based on increased expenditures 10 of each such Tribal government (or a tribally-owned 11 entity of such Tribal government) relative to aggre- 12 gate expenditures in fiscal year 2019 by the Tribal 13 government (or tribally-owned entity) and deter- 14 mined in such manner as the Secretary determines 15 appropriate to ensure that all amounts available 16 under subsection (a)(2)(B) for fiscal year 2020 are 17 distributed to Tribal governments. 18 ‘‘(8) DATA.—For purposes of this subsection, 19 the population of States and units of local govern- 20 ments shall be determined based on the most recent 21 year for which data are available from the Bureau 22 of the Census. 23 ‘‘(d) USE OF FUNDS.—A State, Tribal government, 24 and unit of local government shall use the funds provided 25 under a payment made under this section to cover only BAI20215 S.L.C. 614 1 those costs of the State, Tribal government, or unit of 2 local government that— 3 ‘‘(1) are necessary expenditures incurred due to 4 the public health emergency with respect to the 5 Coronavirus Disease 2019 (COVID-19); 6 ‘‘(2) were not accounted for in the budget most 7 recently approved as of the date of enactment of this 8 section for the State or government; and 9 ‘‘(3) were incurred during the period that be- 10 gins on March 1, 2020, and ends on December 30, 11 2020. 12 ‘‘(e) CERTIFICATION.—In order to receive a payment 13 under this section, a unit of local government shall provide 14 the Secretary with a certification signed by the Chief Ex15 ecutive for the unit of local government that the local gov16 ernment’s proposed uses of the funds are consistent with 17 subsection (d). 18 ‘‘(f) INSPECTOR GENERAL OVERSIGHT; 19 RECOUPMENT.— 20 ‘‘(1) OVERSIGHT AUTHORITY.—The Inspector 21 General of the Department of the Treasury shall 22 conduct monitoring and oversight of the receipt, dis- 23 bursement, and use of funds made available under 24 this section. BAI20215 S.L.C. 615 1 ‘‘(2) RECOUPMENT.—If the Inspector General 2 of the Department of the Treasury determines that 3 a State, Tribal government, or unit of local govern- 4 ment has failed to comply with subsection (d), the 5 amount equal to the amount of funds used in viola- 6 tion of such subsection shall be booked as a debt of 7 such entity owed to the Federal Government. 8 Amounts recovered under this subsection shall be de- 9 posited into the general fund of the Treasury. 10 ‘‘(3) APPROPRIATION.—Out of any money in 11 the Treasury of the United States not otherwise ap- 12 propriated, there are appropriated to the Office of 13 the Inspector General of the Department of the 14 Treasury, $35,000,000 to carry out oversight and 15 recoupment 16 Amounts appropriated under the preceding sentence 17 shall remain available until expended. 18 activities ‘‘(4) AUTHORITY under this subsection. OF INSPECTOR GENERAL.— 19 Nothing in this subsection shall be construed to di- 20 minish the authority of any Inspector General, in- 21 cluding such authority as provided in the Inspector 22 General Act of 1978 (5 U.S.C. App.). 23 ‘‘(g) DEFINITIONS.—In this section: 24 25 ‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’ has the meaning given that term in section 4(e) of BAI20215 S.L.C. 616 1 the Indian Self-Determination and Education Assist- 2 ance Act (25 U.S.C. 5304(e)). 3 ‘‘(2) LOCAL GOVERNMENT.—The term ‘unit of 4 local government’ means a county, municipality, 5 town, township, village, parish, borough, or other 6 unit of general government below the State level 7 with a population that exceeds 500,000. 8 9 ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of the Treasury. 10 ‘‘(4) STATE.—The term ‘State’ means the 50 11 States, the District of Columbia, the Commonwealth 12 of Puerto Rico, the United States Virgin Islands, 13 Guam, the Commonwealth of the Northern Mariana 14 Islands, and American Samoa. 15 ‘‘(5) TRIBAL GOVERNMENT.—The term ‘Tribal 16 government’ means the recognized governing body of 17 an Indian Tribe.’’. 18 (b) APPLICATION OF PROVISIONS.—Amounts appro- 19 priated for fiscal year 2020 under section 601(a)(1) of the 20 Social Security Act (as added by subsection (a)) shall be 21 subject to the requirements contained in Public Law 116– 22 94 for funds for programs authorized under sections 330 23 through 340 of the Public Health Service Act (42 U.S.C. 24 254 through 256). BAI20215 S.L.C. 617 2 TITLE VI—MISCELLANEOUS PROVISIONS 3 SEC. 6001. COVID–19 BORROWING AUTHORITY FOR THE 1 4 5 UNITED STATES POSTAL SERVICE. (a) DEFINITIONS.—In this section— 6 (1) the term ‘‘COVID–19 emergency’’ means 7 the emergency involving Federal primary responsi- 8 bility determined to exist by the President under 9 section 501(b) of the Robert T. Stafford Disaster 10 Relief and Emergency Assistance Act (42 U.S.C. 11 5191(b)) with respect to the Coronavirus Disease 12 2019 (COVID–19); and 13 (2) the term ‘‘Postal Service’’ means the United 14 States Postal Service. 15 (b) ADDITIONAL BORROWING AUTHORITY.—Not- 16 withstanding section 2005 of title 39, United States Code, 17 or any other provision of law, if the Postal Service deter18 mines that, due to the COVID–19 emergency, the Postal 19 Service will not be able to fund operating expenses without 20 borrowing money— 21 (1) the Postal Service may borrow money from 22 the 23 $10,000,000,000— Treasury 24 25 in an amount not to exceed (A) to be used for such operating expenses; and BAI20215 S.L.C. 618 1 (B) which may not be used to pay any out- 2 standing debt of the Postal Service; and 3 (2) the Secretary of the Treasury may lend up 4 to the amount described in paragraph (1) at the re- 5 quest of the Postal Service, upon terms and condi- 6 tions mutually agreed upon by the Secretary and the 7 Postal Service. 8 (c) PRIORITIZATION OF DELIVERY FOR MEDICAL 9 PURPOSES DURING COVID–19 EMERGENCY.—Notwith10 standing any other provision of law, during the COVID– 11 19 emergency, the Postal Service— 12 13 (1) shall prioritize delivery of postal products for medical purposes; and 14 (2) may establish temporary delivery points, in 15 such form and manner as the Postal Service deter- 16 mines necessary, to protect employees of the Postal 17 Service and individuals receiving deliveries from the 18 Postal Service. 19 20 SEC. 6002. EMERGENCY DESIGNATION. (a) IN GENERAL.—The amounts provided under this 21 division are designated as an emergency requirement pur22 suant to section 4(g) of the Statutory Pay-As-You-Go Act 23 of 2010 (2 U.S.C. 933(g)). 24 (b) DESIGNATION IN SENATE.—In the Senate, this 25 division is designated as an emergency requirement pursu- BAI20215 S.L.C. 619 1 ant to section 4112(a) of H. Con. Res. 71 (115th Con2 gress), the concurrent resolution on the budget for fiscal 3 year 2018.