G:\CMTE\AP\16\FY20\_D\HEROES.XML ..................................................................... (Original Signature of Member) H. R. ll 116TH CONGRESS 2D SESSION Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mrs. LOWEY (for herself, Mr. ENGEL, Mrs. CAROLYN B. MALONEY of New York, Mr. NADLER, Mr. PALLONE, Mr. SCOTT of Virginia, Mr. TAKANO, Ms. VELÁZQUEZ, and Ms. WATERS) introduced the following bill; which was referred to the Committee on lllllllllllllll A BILL Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SHORT TITLE 4 SECTION 1. 5 This Act may be cited as the ‘‘Health and Economic 6 Recovery Omnibus Emergency Solutions Act’’ or the 7 ‘‘HEROES Act’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 2 1 TABLE OF CONTENTS 2 SEC. 2. 3 The table of contents is as follows: DIVISION A—CORONAVIRUS RECOVERY SUPPLEMENTAL APPROPRIATIONS ACT, 2020 DIVISION B—REVENUE PROVISIONS Title I—Economic stimulus Title II—Additional relief for workers Title III—Net operating losses DIVISION C—HEALTH PROVISIONS Title Title Title Title Title Title I—Medicaid Provisions II—Medicare Provisions III—Private Insurance Provisions IV—Application to Other Health Programs V—Public Health Policies VI—Public Health Assistance DIVISION D—RETIREMENT PROVISIONS Title I—Relief for Multiemployer Pension Plans Title II—Relief for Single Employer Pension Plans Title III—Other Retirement Related Provisions DIVISION E—CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS DIVISION F—ASSISTANCE TO AGRICULTURAL PRODUCERS AND OTHER MATTERS RELATING TO AGRICULTURE Title Title Title Title Title Title I—Livestock II—Dairy III—Specialty Crops and Other Commodities IV—Commodity Credit Corporation V—Conservation VI—Nutrition DIVISION G—ACCOUNTABILITY AND GOVERNMENT OPERATIONS Title Title Title Title Title Title I—Accountability II—Census Matters III—Federal Workforce IV—Federal Contracting Provisions V—District of Columbia VI—Other Matters DIVISION H—VETERANS AND SERVICEMEMBERS PROVISIONS DIVISION I—SMALL BUSINESS PROVISIONS DIVISION J—SUPPORT FOR ESSENTIAL WORKERS, AT-RISK INDIVIDUALS, FAMILIES, AND COMMUNITIES g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 3 Title I—Family Care for Essential Workers Title II—Pandemic Emergency Assistance and Services Title III—Program flexibility during the pandemic DIVISION K—COVID–19 HERO ACT Title I—Providing Medical Equipment for First Responders and Essential Workers Title II—Protecting Renters and Homeowners from Evictions and Foreclosures Title III—Protecting People Experiencing Homelessness Title IV—Suspending Negative Credit Reporting and Strengthening Consumer and Investor Protections Title V—Forgiving Student Loan Debt and Protecting Student Borrowers Title VI—Standing Up For Small Businesses, Minority-Owned Businesses, and Non-Profits Title VII—Empowering Community Financial Institutions Title VIII—Providing Assistance for State, Territory, Tribal, and Local Governments Title IX—Providing Oversight and Protecting Taxpayers DIVISION L—FAMILIES, WORKERS, AND COMMUNITY SUPPORT PROVISIONS Title I—Amendments to Emergency Family and Medical Leave Expansion Act and Emergency Paid Sick Leave Act Title II—COVID–19 Workforce Development Response Activities Title III—COVID–19 Every Worker Protection Act of 2020 Title IV—Community and Family Support Title V—COVID–19 Protections under Longshore and Harbor Workers’ Compensation Act DIVISION M—CONSUMER PROTECTION AND TELECOMMUNICATIONS PROVISIONS Title I—COVID–19 Price Gouging Prevention Title II—E–Rate Support for Wi-Fi Hotspots, Other Equipment, and Connected Devices Title III—Emergency Benefit for Broadband Service Title IV—Continued Connectivity Title V—Don’t Break Up the T–Band Title VI—National Suicide Hotline Designation Title VII—COVID–19 Compassion and Martha Wright Prison Phone Justice Title VIII—Healthcare Broadband Expansion During COVID–19 DIVISION N—GIVING RETIREMENT OPTIONS TO WORKERS ACT DIVISION O—EDUCATION PROVISIONS AND OTHER PROGRAMS Title I—Higher Education Provisions Title II—Other Programs DIVISION P—ACCESS ACT DIVISION Q—COVID–19 HEROES FUND Title I—Provisions relating to State, Local, Tribal, and Private Sector Workers Title II—Provisions relating to Federal employees and COVID–19 Title III—Coordination of benefits with other programs and laws g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 4 DIVISION R—CHILD NUTRITION AND RELATED PROGRAMS DIVISION S—OTHER MATTERS Title Title Title Title Title Title Title Title Title Title Title Title Title Title Title I—Health Care Access for Urban Native Veterans Act II—Tribal School Federal Insurance Parity III—PRC for Native Veterans Act IV—Wildlife-Borne Disease Prevention V—Pandemic Relief for Aviation Workers and Passengers VI—Amtrak and Rail Workers VII—Energy and Environment Provisions VIII—Death and disability benefits for public safety officers impacted by COVID–19 IX—Victims of Crime Act Amendments X—Jabara-Heyer NO HATE Act XI—Prisons and Jails XII—Immigration Matters XIII—Coronavirus Relief Fund Amendments XIV—Rural Digital Opportunity XV—Foreign Affairs Provisions DIVISION T—ADDITIONAL OTHER MATTERS 1 REFERENCES 2 SEC. 3. 3 Except as expressly provided otherwise, any reference 4 to ‘‘this Act’’ contained in any division of this Act shall 5 be treated as referring only to the provisions of that divi6 sion. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 5 1 DIVISION A—CORONAVIRUS RECOVERY 2 SUPPLEMENTAL APPROPRIATIONS 3 ACT, 2020 4 The following sums are hereby appropriated, out of 5 any money in the Treasury not otherwise appropriated, 6 for the fiscal year ending September 30, 2020, and for 7 other purposes, namely: 8 TITLE 9 10 I—AGRICULTURE, RURAL DEVELOP- MENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES 11 DEPARTMENT OF AGRICULTURE 12 AGRICULTURAL PROGRAMS 13 OFFICE 14 OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector 15 General’’, $2,500,000, to remain available until September 16 30, 2021, to prevent, prepare for, and respond to 17 coronavirus, domestically or internationally: Provided, 18 That the funding made available under this heading in 19 this Act shall be used for conducting audits and investiga20 tions of projects and activities carried out with funds made 21 available to the Department of Agriculture to prevent, pre22 pare for, and respond to coronavirus, domestically or 23 internationally: Provided further, That such amount is des24 ignated by the Congress as being for an emergency re- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 6 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 3 DOMESTIC FOOD PROGRAMS 4 FOOD 5 6 AND NUTRITION SERVICE CHILD NUTRITION PROGRAMS For an additional amount for ‘‘Child Nutrition Pro- 7 grams’’, $3,000,000,000 to remain available until Sep8 tember 30, 2021, to prevent, prepare for, and respond to 9 coronavirus, domestically or internationally: Provided, 10 That the amount provided under this heading is for the 11 purposes of carrying out section 180002 of the ‘‘Child Nu12 trition and Related Programs Recovery Act’’: Provided 13 further, That such amount is designated by the Congress 14 as being for an emergency requirement pursuant to sec15 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer16 gency Deficit Control Act of 1985. 17 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 18 WOMEN, INFANTS, AND CHILDREN (WIC) 19 For an additional amount for the ‘‘Special Supple- 20 mental Nutrition Program for Women, Infants, and Chil21 dren’’, $1,100,000,000, to remain available through Sep22 tember 30, 2022: Provided, That such amount is des23 ignated by the Congress as being for an emergency re24 quirement pursuant to section 251(b)(2)(A)(i) of the Bal25 anced Budget and Emergency Deficit Control Act of 1985. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 7 1 2 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM For an additional amount for ‘‘Supplemental Nutri- 3 tion Assistance Program’’, $10,000,000,000, to remain 4 available until September 30, 2021, to prevent, prepare 5 for, and respond to coronavirus: Provided, That such 6 amount is designated by the Congress as being for an 7 emergency requirement pursuant to section 8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 9 Deficit Control Act of 1985. 10 11 COMMODITY ASSISTANCE PROGRAM For an additional amount for ‘‘Commodity Assistance 12 Program’’, $150,000,000, to remain available through 13 September 30, 2021, for the emergency food assistance 14 program as authorized by section 27(a) of the Food and 15 Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 16 204(a)(1) of the Emergency Food Assistance Act of 1983 17 (7 U.S.C. 7508(a)(1)): Provided, That such amount is 18 designated by the Congress as being for an emergency re19 quirement pursuant to section 251(b)(2)(A)(i) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985. 21 22 GENERAL PROVISIONS—THIS TITLE SEC. 10101. For an additional amount for the Com- 23 monwealth of the Northern Mariana Islands, $1,822,000, 24 to remain available until September 30, 2021, for nutri25 tion assistance to prevent, prepare for, and respond to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 8 1 coronavirus: Provided, That such amount is designated by 2 the Congress as being for an emergency requirement pur3 suant to section 251(b)(2)(A)(i) of the Balanced Budget 4 and Emergency Deficit Control Act of 1985. 5 SEC. 10102. Under the heading ‘‘Commodity Assist- 6 ance Program’’ in the Coronavirus Aid, Relief, and Eco7 nomic Security Act (Public Law 116–136), strike ‘‘to pre8 vent, prepare for, and respond to coronavirus, domestically 9 or internationally,’’: Provided, That the amounts 10 repurposed in this section that were previously designated 11 by the Congress as an emergency requirement pursuant 12 to the Balanced Budget and Emergency Deficit Control 13 Act of 1985 are designated by the Congress as an emer14 gency requirement pursuant to section 251(b)(2)(A)(i) of 15 the Balanced Budget and Emergency Deficit Control Act 16 of 1985. 17 SEC. 10103. For an additional amount for the pro- 18 gram established under 7 U.S.C. 5936, to prevent, prepare 19 for, and respond to coronavirus, $20,000,000, to remain 20 available until September 30, 2021: Provided, That such 21 amount is designated by the Congress as being for an 22 emergency requirement pursuant to section 23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 24 Deficit Control Act of 1985. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 9 1 TITLE II—COMMERCE, JUSTICE, SCIENCE, AND 2 RELATED AGENCIES 3 DEPARTMENT OF COMMERCE 4 BUREAU OF THE CENSUS 5 CURRENT SURVEYS AND PROGRAMS 6 (INCLUDING TRANSFER OF FUNDS) 7 For an additional amount for ‘‘Current Surveys and 8 Programs’’, $10,000,000: Provided, That such sums may 9 be transferred to the Bureau of the Census Working Cap10 ital Fund for necessary expenses incurred as a result of 11 the coronavirus, including for payment of salaries and 12 leave to Bureau of the Census staff resulting from the sus13 pension of data collection for reimbursable surveys con14 ducted for other Federal agencies: Provided further, That 15 such amount is designated by the Congress as being for 16 an emergency requirement pursuant to section 17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 20 PERIODIC CENSUSES AND PROGRAMS For an additional amount for ‘‘Periodic Censuses and 21 Programs’’, $400,000,000, to remain available until Sep22 tember 30, 2022, to prevent, prepare for, and respond to 23 coronavirus: Provided, That such amount is designated by 24 the Congress as being for an emergency requirement pur- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 10 1 suant to section 251(b)(2)(A)(i) of the Balanced Budget 2 and Emergency Deficit Control Act of 1985. 3 NATIONAL OCEANIC AND ATMOSPHERIC 4 ADMINISTRATION 5 ASSISTANCE TO FISHERY PARTICIPANTS 6 Pursuant to section 12005 of the Coronavirus Aid, 7 Relief, and Economic Security Act of 2020 (Public Law 8 116–136), for an additional amount for ‘‘Assistance to 9 Fishery Participants’’, $100,000,000, to remain available 10 until September 30, 2021, for necessary expenses to pro11 vide assistance to Tribal, subsistence, commercial, and 12 charter fishery participants affected by the novel 13 coronavirus (COVID–19), which may include direct relief 14 payments: Provided, That such amount is designated by 15 the Congress as being for an emergency requirement pur16 suant to section 251(b)(2)(A)(i) of the Balanced Budget 17 and Emergency Deficit Control Act of 1985. 18 DEPARTMENTAL MANAGEMENT 19 OFFICE OF INSPECTOR GENERAL 20 For an additional amount for ‘‘Office of Inspector 21 General’’, $1,000,000, to remain available until expended 22 to prevent, prepare for, and respond to coronavirus, in23 cluding the impact of coronavirus on the work of the De24 partment of Commerce and to carry out investigations and 25 audits related to the funding made available for the De- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 11 1 partment of Commerce in this Act and in title II of divi2 sion B of Public Law 116–136: Provided, That such 3 amount is designated by the Congress as being for an 4 emergency requirement pursuant to section 5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 6 Deficit Control Act of 1985. 7 ADMINISTRATIVE PROVISION—DEPARTMENT OF 8 COMMERCE 9 SEC. 10201. Notwithstanding any other provision of 10 law, the Federal share for grants provided by the Eco11 nomic Development Administration under this Act, Public 12 Law 116–93, Public Law 116–20, and Public Law 116– 13 136 shall be 100 percent: Provided, That the amounts 14 repurposed in this section that were previously designated 15 by the Congress as an emergency requirement pursuant 16 to the Balanced Budget and Emergency Deficit Control 17 Act of 1985 are designated by the Congress as an emer18 gency requirement pursuant to section 251(b)(2)(A)(i) of 19 the Balanced Budget and Emergency Deficit Control Act 20 of 1985. 21 DEPARTMENT OF JUSTICE 22 FEDERAL PRISON SYSTEM 23 SALARIES AND EXPENSES 24 For an additional amount for ‘‘Salaries and Ex- 25 penses’’, $200,000,000, to remain available until Sep- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 12 1 tember 30, 2021, to prevent, prepare for, and respond to 2 coronavirus, including the impact of coronavirus on the 3 work of the Department of Justice, to include funding for 4 medical testing and services, personal protective equip5 ment, hygiene supplies and services, and sanitation serv6 ices: Provided, That such amount is designated by the 7 Congress as being for an emergency requirement pursuant 8 to section 251(b)(2)(A)(i) of the Balanced Budget and 9 Emergency Deficit Control Act of 1985. 10 11 OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector 12 General’’, $3,000,000, to remain available until expended 13 to prevent, prepare for, and respond to coronavirus, in14 cluding the impact of coronavirus on the work of the De15 partment of Justice and to carry out investigations and 16 audits related to the funding made available for the De17 partment of Justice in this Act: Provided, That such 18 amount is designated by the Congress as being for an 19 emergency requirement pursuant to section 20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 21 Deficit Control Act of 1985. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 13 1 STATE 2 AND LOCAL LAW ENFORCEMENT ACTIVITIES OFFICE ON VIOLENCE AGAINST WOMEN 3 VIOLENCE AGAINST WOMEN PREVENTION AND 4 PROSECUTION PROGRAMS 5 For an additional amount for ‘‘Violence Against 6 Women Prevention and Prosecution Programs’’, 7 $100,000,000, to remain available until expended, of 8 which— 9 (1) $30,000,000 is for grants to combat vio- 10 lence against women, as authorized by part T of the 11 Omnibus Crime Control and Safe Streets Acts of 12 1968; 13 (2) $15,000,000 is for transitional housing as- 14 sistance grants for victims of domestic violence, dat- 15 ing violence, stalking, or sexual assault, as author- 16 ized by section 40299 of the Violent Crime Control 17 and Law Enforcement Act of 1994 (Public Law 18 103–322; ‘‘1994 Act’’); 19 (3) $15,000,000 is for sexual assault victims 20 assistance, as authorized by section 41601 of the 21 1994 Act; 22 (4) $10,000,000 is for rural domestic violence 23 and child abuse enforcement assistance grants, as 24 authorized by section 40295 of the 1994 Act; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 14 1 (5) $10,000,000 is for legal assistance for vic- 2 tims, as authorized by section 1201 of the Victims 3 of Trafficking and Violence Protection Act of 2000 4 (Public Law 106–386; ‘‘2000 Act’’); 5 (6) $4,000,000 is for grants to assist tribal gov- 6 ernments in exercising special domestic violence 7 criminal jurisdiction, as authorized by section 904 of 8 the Violence Against Women Reauthorization Act of 9 2013; and 10 (7) $16,000,000 is for grants to support fami- 11 lies in the justice system, as authorized by section 12 1301 of the 2000 Act: 13 Provided, That funds made available under this heading 14 shall be made available without any otherwise applicable 15 requirement that a recipient of such funds provide any 16 other Federal funds, or any non-Federal funds, as a condi17 tion to receive the funds made available under this head18 ing: Provided further, That such amount is designated by 19 the Congress as being for an emergency requirement pur20 suant to section 251(b)(2)(A)(i) of the Balanced Budget 21 and Emergency Deficit Control Act of 1985. 22 OFFICE OF JUSTICE PROGRAMS 23 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 24 For an additional amount for ‘‘State and Local Law 25 Enforcement Assistance’’, $300,000,000, to remain avail- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 15 1 able until expended, for the same purposes and subject 2 to the same conditions as the appropriations for fiscal year 3 2020 under this heading in title II of division B of Public 4 Law 116–136, including for the purchase of personal pro5 tective equipment, and for costs related to preventing and 6 controlling coronavirus at correctional institutions: Pro7 vided, That, notwithstanding section 502(a)(1) of the Om8 nibus Crime Control and Safe Streets Act of 1968 (34 9 U.S.C. 10153), funds provided under this heading in both 10 this Act and title II of division B of Public Law 116– 11 136 may be used to supplant State or local funds: Pro12 vided further, That funds made available under this head13 ing in both this Act and title II of division B of Public 14 Law 116–136 shall be made available without any other15 wise applicable requirement that a recipient of such funds 16 provide any other Federal funds, or any non-Federal 17 funds, as a condition to receive the funds made available 18 under such heading: Provided further, That such amount 19 is designated by the Congress as being for an emergency 20 requirement pursuant to section 251(b)(2)(A)(i) of the 21 Balanced Budget and Emergency Deficit Control Act of 22 1985. 23 For an additional amount for ‘‘State and Local Law 24 Enforcement Assistance’’, $250,000,000, to remain avail25 able until expended, for offender reentry programs and re- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 16 1 search, as authorized by the Second Chance Act of 2007 2 (Public Law 110–199) and by the Second Chance Reau3 thorization Act of 2018 (Public Law 115–391), without 4 regard to the time limitations specified at section 6(1) of 5 such Act, to prevent, prepare for, and respond to 6 coronavirus: Provided, That, notwithstanding any other 7 provision of law, funds provided under this heading may 8 be used to supplant State or local funds: Provided further, 9 That funds made available under this heading shall be 10 made available without any otherwise applicable require11 ment that a recipient of such funds provide any other Fed12 eral funds, or any non-Federal funds, as a condition to 13 receive the funds made available under this heading: Pro14 vided further, That such amount is designated by the Con15 gress as being for an emergency requirement pursuant to 16 section 251(b)(2)(A)(i) of the Balanced Budget and 17 Emergency Deficit Control Act of 1985. 18 For an additional amount for ‘‘State and Local Law 19 Enforcement Assistance’’, $600,000,000, to remain avail20 able until expended, for grants, contracts, cooperative 21 agreements, and other assistance as authorized by the 22 Pandemic Justice Response Act (‘‘the Act’’): Provided, 23 That $500,000,000 is to establish and implement policies 24 and procedures to prevent, detect, and stop the presence 25 and spread of COVID–19 among arrestees, detainees, in- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 17 1 mates, correctional facility staff, and visitors to the facili2 ties; and for pretrial citation and release grants, as au3 thorized by the Act: Provided further, That $25,000,000 4 is for Rapid COVID–19 Testing, as authorized by the Act: 5 Provided further, That $75,000,000 is for grants for Juve6 nile Specific Services, as authorized by the Act: Provided 7 further, That, notwithstanding any other provision of law, 8 funds provided under this heading may be used to sup9 plant State or local funds: Provided further, That funds 10 made available under this heading shall be made available 11 without any otherwise applicable requirement that a re12 cipient of such funds provide any other Federal funds, or 13 any non-Federal funds, as a condition to receive the funds 14 made available under this heading: Provided further, That 15 such amount is designated by the Congress as being for 16 an emergency requirement pursuant to section 17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 COMMUNITY ORIENTED POLICING SERVICES 20 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS 21 For an additional amount for ‘‘Community Oriented 22 Policing Services’’, $300,000,000, to remain available 23 until expended, for grants under section 1701 of title I 24 of the 1968 Omnibus Crime Control and Safe Streets Act 25 (34 U.S.C. 10381) for hiring and rehiring of additional g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 18 1 career law enforcement officers under part Q of such title, 2 notwithstanding subsection (i) of such section, and includ3 ing for the purchase of personal protective equipment: 4 Provided, That, notwithstanding 34 U.S.C. 10384, funds 5 provided under this heading may be used to supplant 6 State or local funds and may be used to retain career law 7 enforcement officers: Provided further, That funds made 8 available under this heading shall be made available with9 out any otherwise applicable requirement that a recipient 10 of such funds provide any other Federal funds, or any 11 non-Federal funds, as a condition to receive the funds 12 made available under this heading: Provided further, That 13 such amount is designated by the Congress as being for 14 an emergency requirement pursuant to section 15 251(b)(2)(A)(i) of the Balanced Budget and Emergency 16 Deficit Control Act of 1985. 17 SCIENCE 18 NATIONAL SCIENCE FOUNDATION 19 RESEARCH AND RELATED ACTIVITIES 20 (INCLUDING TRANSFER OF FUNDS) 21 For an additional amount for ‘‘Research and Related 22 Activities’’, $125,000,000, to remain available until Sep23 tember 30, 2022, to prevent, prepare for, and respond to 24 coronavirus, including to fund research grants, of which 25 $1,000,000 shall be for a study on the spread of COVID– g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 19 1 19 related disinformation: Provided further, That, within 2 the amount appropriated under this heading in this Act, 3 up to 2 percent of funds may be transferred to the ‘‘Agen4 cy Operations and Award Management’’ account for man5 agement, administration, and oversight of funds provided 6 under this heading in this Act: Provided further, That such 7 amount is designated by the Congress as being for an 8 emergency requirement pursuant to section 9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 RELATED AGENCIES 12 LEGAL SERVICES CORPORATION 13 PAYMENT TO THE LEGAL SERVICES CORPORATION 14 For an additional amount for ‘‘Payment to the Legal 15 Services Corporation’’, $50,000,000, for the same pur16 poses and subject to the same conditions as the appropria17 tions for fiscal year 2020 under this heading in title II 18 of division B of Public Law 116–136: Provided, That such 19 amount is designated by the Congress as being for an 20 emergency requirement pursuant to section 21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 20 1 TITLE III—FINANCIAL SERVICES AND GENERAL 2 GOVERNMENT 3 DEPARTMENT OF THE TREASURY 4 DEPARTMENTAL OFFICES 5 OFFICE OF INSPECTOR GENERAL 6 SALARIES AND EXPENSES 7 For an additional amount for ‘‘Salaries and Ex- 8 penses’’, $35,000,000, to remain available until expended, 9 to conduct monitoring and oversight of the receipt, dis10 bursement, and use of funds made available under the 11 ‘‘Coronavirus State Fiscal Relief Fund’’ and the 12 ‘‘Coronavirus Local Fiscal Relief Fund’’ (collectively, 13 ‘‘Fiscal Relief Funds’’): Provided, That, if the Inspector 14 General of the Department of the Treasury determines 15 that an entity receiving a payment from amounts provided 16 by the Fiscal Relief Funds has failed to comply with the 17 provisions governing the use of such funding, the Inspec18 tor General shall transmit any relevant information re19 lated to such determination to the Committees on Appro20 priations of the House of Representatives and the Senate 21 not later than 5 days after any such determination is 22 made: Provided further, That such amount is designated 23 by the Congress as being for an emergency requirement 24 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg25 et and Emergency Deficit Control Act of 1985. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 21 1 TREASURY INSPECTOR GENERAL FOR TAX 2 ADMINISTRATION 3 SALARIES AND EXPENSES 4 For an additional amount for ‘‘Salaries and Ex- 5 penses’’, $2,500,000, to remain available until expended, 6 to prevent, prepare for, and respond to coronavirus, do7 mestically or internationally: Provided, That such amount 8 is designated by the Congress as being for an emergency 9 requirement pursuant to section 251(b)(2)(A)(i) of the 10 Balanced Budget and Emergency Deficit Control Act of 11 1985. 12 13 HOMEOWNER ASSISTANCE FUND For activities and assistance authorized in section 14 110202 of the ‘‘COVID–19 HERO Act’’ , 15 $75,000,000,000, to remain available until expended: Pro16 vided, That such amount is designated by the Congress 17 as being for an emergency requirement pursuant to sec18 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer19 gency Deficit Control Act of 1985. 20 BUREAU 21 22 OF THE FISCAL SERVICE SALARIES AND EXPENSES For an additional amount for ‘‘Salaries and Ex- 23 penses’’, $78,650,000, to remain available until September 24 30, 2021, to prevent, prepare for, and respond to 25 coronavirus, domestically or internationally: Provided, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 22 1 That such amount is designated by the Congress as being 2 for an emergency requirement pursuant to section 3 251(b)(2)(A)(i) of the Balanced Budget and Emergency 4 Deficit Control Act of 1985. 5 6 CORONAVIRUS STATE FISCAL RELIEF FUND For making payments to States, territories, and Trib- 7 al governments to mitigate the fiscal effects stemming 8 from the public health emergency with respect to the 9 Coronavirus Disease (COVID–19), $540,000,000,000 to 10 remain available until expended, which shall be in addition 11 to any other amounts available for making payments to 12 States, territories, and Tribal governments for any pur13 pose (including payments made under section 601 of the 14 Social Security Act), of which: 15 (1) $20,000,000,000 shall be for making 16 payments to the Commonwealth of Puerto Rico, 17 United States Virgin Islands, Guam, Common- 18 wealth of the Northern Mariana Islands, and 19 American Samoa: Provided, That of the amount 20 made available in this paragraph, half shall be 21 allocated equally among each entity specified in 22 this paragraph, and half shall be allocated as 23 an additional amount to each such entity in an 24 amount which bears the same proportion to half 25 of the total amount provided under this para- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 23 1 graph as the relative population of each such 2 entity bears to the total population of all such 3 entities; 4 (2) $20,000,000,000 shall be for making 5 payments to Tribal governments: Provided, 6 That payments of amounts made available in 7 this paragraph shall be made to each Tribal 8 Government in an amount determined by the 9 Secretary of the Treasury, in consultation with 10 the Secretary of the Interior and Indian Tribes, 11 that is based on increased aggregate expendi- 12 tures of each such Tribal government (or a trib- 13 ally-owned entity of such Tribal government) in 14 fiscal year 2020 relative to aggregate expendi- 15 tures in fiscal year 2019 by the Tribal govern- 16 ment (or tribally-owned entity) and determined 17 in such manner as the Secretary determines ap- 18 propriate to ensure that all amounts available 19 pursuant to the preceding proviso for fiscal year 20 2020 are distributed to Tribal governments: 21 (3) $250,000,000,000 shall be for making 22 initial payments to each of the 50 States and 23 the District of Columbia, of which— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 24 1 (A) $51,000,000,000 shall be al- 2 located equally between each of the 50 3 States and the District of Columbia; 4 (B) $150,000,000,000 shall be 5 allocated as an additional amount to 6 each such entity in an amount which 7 bears the same proportion to the total 8 amount provided under this subpara- 9 graph as the relative population of 10 each such entity bears to the total 11 population of all such entities; 12 (C) $49,000,000,000 shall be al- 13 located as additional amounts among 14 each of the 50 States and the District 15 of Columbia in an amount which 16 bears the same proportion to the total 17 amount provided under this subpara- 18 graph as the relative prevalence of 19 COVID–19 within each such entity 20 bears to the total prevalence of 21 COVID–19 within all such entities: 22 Provided, That the relative prevalence 23 of COVID–19 shall be calculated 24 using the most recent data on the 25 number of confirmed and probable g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 25 1 cases as published on the Internet by 2 the Centers for Disease Control and 3 Prevention for each entity specified in 4 the preceding proviso; 5 (4) $250,000,000,000 shall be for making an 6 additional payment to each of the 50 States and the 7 District of Columbia, of which— 8 (A) $51,000,000,000 shall be allocated 9 equally between each of the 50 States and the 10 District of Columbia; and 11 (B) $199,000,000,000 shall be allocated 12 between each such entity in an additional 13 amount which bears the same proportion to the 14 total amount provided under this subparagraph 15 as the average estimated number of seasonally- 16 adjusted unemployed individuals (as measured 17 by the Bureau of Labor Statistics Local Area 18 Unemployment Statistics program) in each such 19 entity over the 3-month period ending in March 20 2021 bears to the average estimated number of 21 seasonally-adjusted unemployed individuals in 22 all such entities over the same period. 23 Provided further, That any entity receiving a payment 24 from funds made available under this heading in this Act 25 shall only use such amounts to respond to, mitigate, cover g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 26 1 costs or replace foregone revenues not projected on Janu2 ary 31, 2020 stemming from the public health emergency, 3 or its negative economic impacts, with respect to the 4 Coronavirus Disease (COVID–19): Provided further, That 5 if the Inspector General of the Department of the Treas6 ury determines that an entity receiving a payment from 7 amounts provided under this heading has failed to comply 8 with the preceding proviso, the amount equal to the 9 amount of funds used in violation of such subsection shall 10 be booked as a debt of such entity owed to the Federal 11 Government, and any amounts recovered under this sub12 section shall be deposited into the general fund of the 13 Treasury as discretionary offsetting receipts: Provided fur14 ther, That for purposes of the preceding provisos under 15 this heading in this Act, the population of each entity de16 scribed in any such proviso shall be determined based on 17 the most recent year for which data are available from 18 the Bureau of the Census, or in the case of an Indian 19 tribe, shall be determined based on data certified by the 20 Tribal government: Provided further, That as used under 21 this heading in this Act, the terms ‘‘Tribal government’’ 22 and ‘‘Indian Tribe’’ have the same meanings as specified 23 in section 601(g) of the Social Security Act (42 U.S.C. 24 601(g)), as added by section 5001 of the CARES Act 25 (Public Law 116-136) and amended by section 191301 of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 27 1 division X of this Act, and the term ‘‘State’’ means one 2 of the 50 States: Provided further, That the Secretary of 3 Treasury shall make all payments required pursuant to 4 paragraphs (1), (2), and (3) not later than 30 days after 5 the date of enactment of this Act, and shall make all pay6 ments required pursuant to paragraph (4) not later than 7 May 3, 2021: Provided further, That such amount is des8 ignated by the Congress as being for an emergency re9 quirement pursuant to section 251(b)(2)(A)(i) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985. 11 12 CORONAVIRUS LOCAL FISCAL RELIEF FUND For making payments to metropolitan cities, coun- 13 ties, and other units of general local government to miti14 gate the fiscal effects stemming from the public health 15 emergency with respect to the Coronavirus Disease 16 (COVID–19), $375,000,000,000, to remain available until 17 expended, which shall be in addition to any other amounts 18 available for making payments to metropolitan cities, 19 counties, and other units of general local government (in20 cluding payments made under section 601 of the Social 21 Security Act), of which— 22 (1) $187,500,000,000 shall be for making pay- 23 ments to metropolitan cities and other units of gen- 24 eral local government (as those terms are defined in g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 28 1 section 102 of the Housing and Community Devel- 2 opment Act of 1974 (42 U.S.C. 5302)), of which— 3 (A) $131,250,000,000 shall be allocated 4 pursuant 5 106(b)(1) of the Housing and Community De- 6 velopment Act of 1974 (42 U.S.C. 5306(b)(1)) 7 to metropolitan cities (as defined in section 8 102(a)(4) of such Act (42 U.S.C. 5302(a)(4)), 9 including metropolitan cities that have relin- 10 quished or deferred their status as a metropoli- 11 tan city as of the date of enactment of this Act: 12 Provided, That $87,500,000,000 of the funds 13 provided under this subparagraph shall be paid 14 not later than 30 days after the date of enact- 15 ment of this Act: Provided further, That 16 $43,750,000,000 of the funds provided under 17 this subparagraph shall be paid not earlier than 18 April 15, 2021, but not later than May 3, 2021; 19 and the formula under section 20 (B) $56,250,000,000 shall be distributed 21 to each State (as that term is defined in section 22 102 of the Housing and Community Develop- 23 ment Act of 1974 (42 U.S.C. 5302)) for use by 24 units of general local government, other than 25 counties or parishes, in nonentitlement areas g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 to 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 29 1 (as defined in such section 102) of such States 2 in an amount which bears the same proportion 3 to the total amount provided under this sub- 4 paragraph as the total population of such units 5 of general local government within the State 6 bears to the total population of all such units 7 of general local government in all such States: 8 Provided, That two-thirds of the funds provided 9 under this subparagraph and allocated to each 10 such unit of general local government shall be 11 distributed to each such unit of general local 12 government not later than 30 days after the 13 date of enactment of this Act: Provided further, 14 That the remainder of the funds provided under 15 this subparagraph and allocated to each such 16 unit of general local government shall be dis- 17 tributed to each such unit of general local gov- 18 ernment not earlier than April 15, 2021, but 19 not later than May 3, 2021: Provided further, 20 That a State shall pass-through the amounts 21 received under this subparagraph, within 30 22 days of receipt, to each such unit of general 23 local government in an amount that bears the 24 same proportion to the amount distributed to 25 each such State as the population of such unit g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 30 1 of general local government bears to the total 2 population of all such units of general local gov- 3 ernment within each such State: Provided fur- 4 ther, That if a State has not elected to dis- 5 tribute amounts allocated under this paragraph, 6 the Secretary of the Treasury shall pay the ap- 7 plicable amounts under this subparagraph to 8 such units of general local government in the 9 State not later than 30 days after the date on 10 which the State would otherwise have received 11 the amounts from the Secretary; and 12 (2) $187,500,000,000 shall be paid directly to 13 counties within the 50 States, the District of Colum- 14 bia, the Commonwealth of Puerto Rico, the United 15 States Virgin Islands, Guam, the Commonwealth of 16 the Northern Mariana Islands, and American Samoa 17 in an amount which bears the same proportion to 18 the total amount provided under this paragraph as 19 the relative population of each such county bears to 20 the total population of all such entities: Provided, 21 That two-thirds of the funds provided under this 22 paragraph and allocated to each such county shall be 23 distributed to each such county not later than 30 24 days after the date of enactment of this Act: Pro- 25 vided further, That the remainder of the amount al- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 31 1 located to each such county under this paragraph 2 shall be distributed to each such county not earlier 3 than April 15, 2021, but not later than May 3, 4 2021: Provided further, That no county that is an 5 ‘‘urban county’’ (as defined in section 102 of the 6 Housing and Community Development Act of 1974 7 (42 U.S.C. 5302)) shall receive less than the amount 8 the county would otherwise receive if the amount 9 distributed under this paragraph were allocated to 10 metropolitan cities and urban counties under section 11 106(b) of the Housing and Community Development 12 Act of 1974 (42 U.S.C. 5306(b)): Provided further, 13 That in the case of an amount to be paid to a coun- 14 ty that is not a unit of general local government, the 15 amount shall instead be paid to the State in which 16 such county is located, and such State shall dis- 17 tribute such amount to units of general local govern- 18 ment within such county in an amounts that bear 19 the same proportion as the population of such units 20 of general local government bear to the total popu- 21 lation of such county: 22 Provided further, That any entity receiving a payment 23 from funds made available under this heading in this Act 24 shall only use such amounts to respond to, mitigate, cover 25 costs or replace foregone revenues not projected on Janu- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 32 1 ary 31, 2020 stemming from the public health emergency, 2 or its negative economic impacts, with respect to the 3 Coronavirus Disease (COVID–19): Provided further, That 4 if the Inspector General of the Department of the Treas5 ury determines that an entity receiving a payment from 6 amounts provided under this heading has failed to comply 7 with the preceding proviso, the amount equal to the 8 amount of funds used in violation of such subsection shall 9 be booked as a debt of such entity owed to the Federal 10 Government, and any amounts recovered under this sub11 section shall be deposited into the general fund of the 12 Treasury as discretionary offsetting receipts: Provided fur13 ther, That nothing in paragraph (1) or (2) shall be con14 strued as prohibiting a unit of general local government 15 that has formed a consolidated government, or that is geo16 graphically contained (in full or in part) within the bound17 aries of another unit of general local government from re18 ceiving a distribution under each of subparagraphs (A) 19 and (B) under paragraph (1) or under paragraph (2), as 20 applicable, based on the respective formulas specified con21 tained therein: Provided further, That the amounts other22 wise determined for distribution to units of local govern23 ment under each of subparagraphs (A) and (B) under 24 paragraph (1) and under paragraph (2) shall each be ad25 justed by the Secretary of the Treasury on a pro rata basis g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 33 1 to the extent necessary to comply with the amount appro2 priated and the requirements specified in each paragraph 3 and subparagraph, as applicable: Provided further, That 4 as used under this heading in this Act, the term ‘‘county’’ 5 means a county, parish, or other equivalent county divi6 sion (as defined by the Bureau of the Census): Provided 7 further, That for purposes of the preceding provisos under 8 this heading in this Act, the population of an entity shall 9 be determined based on the most recent year for which 10 data are available from the Bureau of the Census: Pro11 vided further, That such amount is designated by Congress 12 as being for an emergency requirement pursuant to sec13 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer14 gency Deficit Control Act of 1985. 15 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS 16 FUND PROGRAM ACCOUNT 17 (INCLUDING TRANSFER OF FUNDS) 18 For an additional amount for the ‘‘Community Devel- 19 opment Financial Institutions Fund Program Account’’, 20 $1,000,000,000, to remain available until September 30, 21 2021, to prevent, prepare for, and respond to coronavirus: 22 Provided, That the Community Development Financial In23 stitutions Fund (CDFI) shall provide grants using a for24 mula that takes into account criteria such as certification 25 status, financial and compliance performance, portfolio g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 34 1 and balance sheet strength, and program capacity: Pro2 vided further, That no less than $25,000,000 may be for 3 financial assistance, technical assistance, and training and 4 outreach programs designed to benefit Native American, 5 Native Hawaiian, and Alaska Native communities: Pro6 vided further, That the CDFI Fund shall make funds 7 available under this subsection within 60 days of the date 8 of enactment of this Act: Provided further, That funds 9 made available under this heading may be used for admin10 istrative expenses, including administration of CDFI 11 Fund programs and the New Markets Tax Credit Pro12 gram: Provided further, That such amount is designated 13 by the Congress as being for an emergency requirement 14 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg15 et and Emergency Deficit Control Act of 1985. 16 ADMINISTRATIVE PROVISION—INTERNAL REVENUE 17 SERVICE 18 (INCLUDING TRANSFER OF FUNDS) 19 SEC. 10301. In addition to the amounts otherwise 20 available to the Internal Revenue Service in fiscal year 21 2020, $520,000,000, to remain available until September 22 30, 2021, shall be available to prevent, prepare for, and 23 respond to coronavirus, including for costs associated with 24 the extended filing season: Provided, That such funds may 25 be transferred by the Commissioner to the ‘‘Taxpayer g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 35 1 Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ ac2 counts of the Internal Revenue Service for an additional 3 amount to be used solely to prevent, prepare for, and re4 spond to coronavirus, domestically or internationally: Pro5 vided further, That the Committees on Appropriations of 6 the House of Representatives and the Senate shall be noti7 fied in advance of any such transfer: Provided further, 8 That such transfer authority is in addition to any other 9 transfer authority provided by law: Provided further, That 10 not later than 30 days after the date of enactment of this 11 Act, the Commissioner shall submit to the Committees on 12 Appropriations of the House of Representatives and the 13 Senate a spending plan for such funds: Provided further, 14 That such amount is designated by the Congress as being 15 for an emergency requirement pursuant to section 16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 17 Deficit Control Act of 1985. 18 INDEPENDENT AGENCIES 19 ELECTION ASSISTANCE COMMISSION 20 ELECTION RESILIENCE GRANTS 21 (INCLUDING TRANSFER OF FUNDS) 22 For an additional amount for payments by the Elec- 23 tion Assistance Commission to States for contingency 24 planning, preparation, and resilience of elections for Fed25 eral office, $3,600,000,000, to remain available until Sep- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 36 1 tember 30, 2021: Provided, That of the amount provided 2 under this heading, up to $5,000,000 may be transferred 3 to and merged with ‘‘Election Assistance Commission— 4 Salaries and Expenses’’: Provided further, That under this 5 heading the term ‘‘State’’ means each of the 50 States, 6 the District of Columbia, the Commonwealth of Puerto 7 Rico, Guam, American Samoa, the United States Virgin 8 Islands, and the Commonwealth of the Northern Mariana 9 Islands: Provided further, That the amount of the pay10 ments made to a State under this heading shall be con11 sistent with section 103 of the Help America Vote Act of 12 2002 (52 U.S.C. 20903): Provided further, That for the 13 purposes of the preceding proviso, each reference to 14 ‘‘$5,000,000’’ in such section 103 shall be deemed to refer 15 to ‘‘$7,500,000’’: Provided further, That not later than 30 16 days after the date of enactment of this Act, the Election 17 Assistance Commission shall obligate the funds to States 18 under this heading in this Act: Provided further, That not 19 less than 50 percent of the amount of the payment made 20 to a State under this heading in this Act shall be allocated 21 in cash or in kind to the units of local government which 22 are responsible for the administration of elections for Fed23 eral office in the State: Provided further, That such 24 amount is designated by the Congress as being for an 25 emergency g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 requirement pursuant to section (763351 3) PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 37 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 ADMINISTRATIVE PROVISION—ELECTION ASSISTANCE 4 COMMISSION 5 SEC. 10302. (a) The last proviso under the heading 6 ‘‘Election Assistance Commission—Election Security 7 Grants’’ in the Financial Services and General Govern8 ment Appropriations Act, 2020 (division C of Public Law 9 116–93; 133 Stat. 2461) shall not apply with respect to 10 any payment made to a State using funds appropriated 11 or otherwise made available to the Election Assistance 12 Commission under the Coronavirus Aid, Relief, and Eco13 nomic Security Act (Public Law 116–136). 14 (b) The first proviso under the heading ‘‘Election As- 15 sistance Commission—Election Security Grants’’ in the 16 Coronavirus Aid, Relief, and Economic Security Act (Pub17 lic Law 116–136) is amended by striking ‘‘within 20 days 18 of each election in the 2020 Federal election cycle in that 19 State,’’ and inserting ‘‘not later than October 30, 2021,’’. 20 (c) The fourth proviso under the heading ‘‘Election 21 Assistance Commission—Election Security Grants’’ in the 22 Coronavirus Aid, Relief, and Economic Security Act (Pub23 lic Law 116–136) is amended by striking ‘‘December 31, 24 2020’’ and inserting ‘‘September 30, 2021’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 38 1 (d) Notwithstanding any requirement that a State 2 legislature appropriate and release any funds made avail3 able under the Help America Vote Act of 2002, the chief 4 election official of each State shall have access to the funds 5 made available under the heading ‘‘Election Assistance 6 Commission—Election Security Grants’’ in the 7 Coronavirus Aid, Relief, and Economic Security Act (Pub8 lic Law 116–136) without any such action by the State 9 legislature. 10 (e) A State may elect to reallocate funds allocated 11 under the heading ‘‘Election Assistance Commission— 12 Election Security Grants’’ in the Coronavirus Aid, Relief, 13 and Economic Security Act (Public Law 116–136) as 14 funds allocated under the heading ‘‘Election Assistance 15 Commission—Election Security Grants’’ in the Financial 16 Services and General Government Appropriations Act, 17 2020 (division C of Public Law 116–93; 133 Stat. 2461) 18 that were spent to prevent, prepare for, and respond to 19 coronavirus, domestically or internationally, for the 2020 20 Federal election cycle; or funds allocated under the head21 ing ‘‘Election Assistance Commission—Election Reform 22 Program’’ in the Financial Services and Government Ap23 propriations Act, 2018 (division E of Public Law 115– 24 141) that were spent to prevent, prepare for, and respond g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 39 1 to coronavirus, domestically or internationally, for the 2 2020 Federal election cycle. 3 (f) This section shall take effect as if included in the 4 enactment of the Coronavirus Aid, Relief, and Economic 5 Security Act (Public Law 116–136). 6 (g) The amounts repurposed in this section that were 7 previously designated by the Congress as an emergency 8 requirement pursuant to the Balanced Budget and Emer9 gency Deficit Control Act of 1985 are designated by the 10 Congress as an emergency requirement pursuant to sec11 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer12 gency Deficit Control Act of 1985. 13 FEDERAL COMMUNICATIONS COMMISSION 14 SALARIES AND EXPENSES 15 For an additional amount for ‘‘Salaries and Ex- 16 penses’’, $24,000,000, to remain available until September 17 30, 2021, for implementing title VIII of the Communica18 tions Act of 1934 (47 U.S.C. 641 et seq.), as added by 19 the Broadband DATA Act (Public Law 116–130): Pro20 vided, That such amount is designated by the Congress 21 as being for an emergency requirement pursuant to sec22 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 40 1 2 EMERGENCY CONNECTIVITY FUND For an additional amount for the ‘‘Emergency 3 Connectivity Fund’’, $1,500,000,000, to remain available 4 until September 30, 2021, to prevent, prepare for, and re5 spond to coronavirus, domestically or internationally, 6 through the provision of funding for Wi-fi hotspots, other 7 equipment, connected devices, and advanced telecommuni8 cations and information services to schools and libraries 9 as authorized in section 130201: Provided, That such 10 amount is designated by the Congress as being for an 11 emergency requirement pursuant to section 12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 13 Deficit Control Act of 1985. 14 15 EMERGENCY BROADBAND CONNECTIVITY FUND For an additional amount for the ‘‘Emergency 16 Broadband Connectivity Fund’’, $4,000,000,000, to re17 main available until September 30, 2021, to prevent, pre18 pare for, and respond to coronavirus, domestically or 19 internationally, through the provision of an emergency 20 benefit for broadband service as authorized in section 21 130301: Provided, That such amount is designated by the 22 Congress as being for an emergency requirement pursuant 23 to section 251(b)(2)(A)(i) of the Balanced Budget and 24 Emergency Deficit Control Act of 1985. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 41 1 GENERAL SERVICES ADMINISTRATION 2 TECHNOLOGY MODERNIZATION FUND 3 For an additional amount for the ‘‘Technology Mod- 4 ernization Fund’’, $1,000,000,000, to remain available 5 until September 30, 2022, for technology-related mod6 ernization activities to prevent, prepare for, and respond 7 to coronavirus, domestically or internationally: Provided, 8 That such amount is designated by the Congress as being 9 for an emergency requirement pursuant to section 10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985. 12 OFFICE OF PERSONNEL MANAGEMENT 13 OFFICE OF INSPECTOR GENERAL 14 SALARIES AND EXPENSES 15 For an additional amount for ‘‘Salaries and Ex- 16 penses’’, $1,000,000, to remain available until expended 17 to prevent, prepare for, and respond to coronavirus, do18 mestically or internationally: Provided, That such amount 19 is designated by the Congress as being for an emergency 20 requirement pursuant to section 251(b)(2)(A)(i) of the 21 Balanced Budget and Emergency Deficit Control Act of 22 1985. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 42 1 SMALL BUSINESS ADMINISTRATION 2 EMERGENCY EIDL GRANTS 3 For an additional amount for ‘‘Emergency EIDL 4 Grants’’ for the cost of emergency EIDL grants author5 ized by section 1110 of division A of the CARES Act 6 (Public Law 116–136), $10,000,000,000, to remain avail7 able until expended, to prevent, prepare for, and respond 8 to coronavirus, domestically or internationally: Provided, 9 That such amount is designated by the Congress as being 10 for an emergency requirement pursuant to section 11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 12 Deficit Control Act of 1985. 13 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS 14 ADMINISTRATION 15 SEC. 10303. (a) The third proviso under the heading 16 ‘‘Small Business Administration—Business Loans Pro17 gram Account’’ the Financial Services and General Gov18 ernment Appropriations Act, 2020 (division C of Public 19 Law 116–93) is amended by striking ‘‘$30,000,000,000’’ 20 and inserting ‘‘$75,000,000,000’’. 21 (b) The sixth proviso under the heading ‘‘Small Busi- 22 ness Administration—Business Loans Program Account’’ 23 the Financial Services and General Government Appro24 priations Act, 2020 (division C of Public Law 116–93) g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 43 1 is amended by striking ‘‘$12,000,000,000’’ and inserting 2 ‘‘$35,000,000,000’’. 3 UNITED STATES POSTAL SERVICE 4 PAYMENT TO POSTAL SERVICE FUND 5 For an additional payment to the ‘‘Postal Service 6 Fund’’, for revenue forgone due to coronavirus, 7 $25,000,000,000, to remain available until September 30, 8 2022: Provided, That the Postal Service, during the 9 coronavirus emergency, shall prioritize the purchase of, 10 and make available to all Postal Service employees and 11 facilities, personal protective equipment, including gloves, 12 masks, and sanitizers, and shall conduct additional clean13 ing and sanitizing of Postal Service facilities and delivery 14 vehicles: Provided further, That such amount is designated 15 by the Congress as being for an emergency requirement 16 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg17 et and Emergency Deficit Control Act of 1985. 18 OFFICE OF INSPECTOR GENERAL 19 SALARIES AND EXPENSES 20 For an additional amount for ‘‘Salaries and Ex- 21 penses’’, $15,000,000, to remain available until expended, 22 to prevent, prepare for, and respond to coronavirus, do23 mestically or internationally: Provided, That such amount 24 is designated by the Congress as being for an emergency 25 requirement pursuant to section 251(b)(2)(A)(i) of the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 44 1 Balanced Budget and Emergency Deficit Control Act of 2 1985. 3 GENERAL PROVISIONS—THIS TITLE 4 SEC. 10304. (a) Title V of division B of the CARES 5 Act (Public Law 116–136) is amended in the first proviso 6 under the heading ‘‘Independent Agencies—Pandemic Re7 sponse Accountability Committee’’ by inserting ‘‘or any 8 other Act (including Acts other than appropriations 9 Acts)’’ after ‘‘provided in this Act’’. 10 (b) Amounts repurposed under this section that were 11 previously designated by the Congress, respectively, as an 12 emergency requirement or as being for disaster relief pur13 suant to the Balanced Budget and Emergency Deficit 14 Control Act are designated by the Congress as being for 15 an emergency requirement pursuant to section 16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 17 Deficit Control Act of 1985 or as being for disaster relief 18 pursuant to section 251(b)(2)(D) of the Balanced Budget 19 and Emergency Deficit Control Act of 1985. 20 SEC. 10305. Title V of division B of the CARES Act 21 (Public Law 116–136) is amended by striking the fifth 22 proviso under the heading ‘‘General Services Administra23 tion—Real Property Activities—Federal Buildings 24 Fund’’: Provided, That the amounts repurposed in this 25 section that were previously designated by the Congress g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 45 1 as an emergency requirement pursuant to the Balanced 2 Budget and Emergency Deficit Control Act of 1985 are 3 designated by the Congress as an emergency requirement 4 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg5 et and Emergency Deficit Control Act of 1985. 6 SEC. 10306. For an additional amount for ‘‘Depart- 7 ment of the Treasury—Departmental Offices— 8 Coronavirus Relief Fund’’, an amount equal to— 9 (1) $1,250,000,000; less 10 (2) the amount allocated for the District of Co- 11 lumbia pursuant to section 601(c)(6) of the Social 12 Security Act: 13 Provided, That such amounts shall only be available for 14 making a payment to the District of Columbia, and shall 15 be in addition to any other funds available for such pur16 pose: Provided further, That the Secretary of the Treasury 17 shall pay all amounts provided by this section directly to 18 the District of Columbia not less than 5 days after the 19 date of enactment of this Act: Provided further, That the 20 District of Columbia shall use such amounts only to cover 21 costs or replace foregone revenues stemming from the pub22 lic health emergency with respect to the Coronavirus Dis23 ease (COVID–19): Provided further, That such amount is 24 designated by Congress as being for an emergency require- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 46 1 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 2 Budget and Emergency Deficit Control Act of 1985. 3 TITLE IV—HOMELAND SECURITY 4 DEPARTMENT OF HOMELAND SECURITY 5 OFFICE OF INSPECTOR GENERAL 6 OPERATIONS AND SUPPORT 7 For an additional amount for ‘‘Operations and Sup- 8 port’’, $3,000,000, to remain available until September 9 30, 2022, for oversight of activities of the Department of 10 Homeland Security funded in this Act and in title VI of 11 division B of Public Law 116–136 to prevent, prepare for, 12 and respond to coronavirus: Provided, That such amount 13 is designated by the Congress as being for an emergency 14 requirement pursuant to section 251(b)(2)(A)(i) of the 15 Balanced Budget and Emergency Deficit Control Act of 16 1985. 17 FEDERAL EMERGENCY MANAGEMENT AGENCY 18 FEDERAL ASSISTANCE 19 For an additional amount for ‘‘Federal Assistance’’, 20 $1,300,000,000, to remain available until September 30, 21 2021, to prevent, prepare for, and respond to coronavirus, 22 of which $500,000,000 shall be for Assistance to Fire23 fighter Grants for the purchase of personal protective 24 equipment and related supplies, mental health evaluations, 25 training, and temporary infectious disease de-contamina- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 47 1 tion or sanitizing facilities and equipment; of which 2 $500,000,000 shall be for Staffing for Adequate Fire and 3 Emergency Response Grants; of which $100,000,000 shall 4 be for Emergency Management Performance Grants; and 5 of which $200,000,000 shall be for the Emergency Food 6 and Shelter Program: Provided, That such amount is des7 ignated by the Congress as being for an emergency re8 quirement pursuant to section 251(b)(2)(A)(i) of the Bal9 anced Budget and Emergency Deficit Control Act of 1985. 10 11 GENERAL PROVISIONS—THIS TITLE SEC. 10401. Notwithstanding any other provision of 12 law, funds made available under ‘‘Federal Emergency 13 Management Agency—Federal Assistance’’ shall only be 14 used for the purposes specifically described under that 15 heading. 16 SEC. 10402. (a) Subsections (c)(2), (f), (g)(1), 17 (h)(1)–(4), (h)(6), and (k) of section 33 of the Federal 18 Fire Prevention and Control Act of 1974 (15 U.S.C. 19 2229) shall not apply to amounts appropriated for ‘‘Fed20 eral Emergency Management Agency – Federal Assist21 ance’’ for Assistance to Firefighter Grants in this Act and 22 in division D, title III of the Consolidated Appropriations 23 Act, 2020 (Public Law 116–93). 24 (b) Subsection (k) of section 33 of the Federal Fire 25 Prevention and Control Act of 1974 (15 U.S.C. 2229) g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 48 1 shall not apply to Amounts provided for ‘‘Federal Emer2 gency Management Agency–Federal Assistance’’ for As3 sistance to Firefighter Grants in title VI of division B of 4 Public Law 116–136. 5 (c) Amounts repurposed under this section that were 6 previously designated by the Congress, respectively, as an 7 emergency requirement or as being for disaster relief pur8 suant to the Balanced Budget and Emergency Deficit 9 Control Act are designated by the Congress as being for 10 an emergency requirement pursuant to section 11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 12 Deficit Control Act of 1985 or as being for disaster relief 13 pursuant to section 251(b)(2)(D) of the Balanced Budget 14 and Emergency Deficit Control Act of 1985. 15 SEC. 10403. Subsections (a)(1)(A), (a)(1)(B), 16 (a)(1)(E), (a)(1)(G), (c)(1), (c)(2), and (c)(4) of section 17 34 of the Federal Fire Prevention and Control Act of 1974 18 (15 U.S.C. 2229a) shall not apply to amounts appro19 priated for ‘‘Federal Emergency Management Agency – 20 Federal Assistance’’ for Staffing for Adequate Fire and 21 Emergency Response Grants in this Act and in division 22 D, title III of the Consolidated Appropriations Act, 2020 23 (Public Law 116–93). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 49 1 TITLE V—INTERIOR, ENVIRONMENT, AND 2 RELATED AGENCIES 3 DEPARTMENT OF THE INTERIOR 4 UNITED STATES FISH 5 6 AND WILDLIFE SERVICE RESOURCE MANAGEMENT For an additional amount for ‘‘Resource Manage- 7 ment’’, $21,000,000, to remain available until expended 8 for research; listing injurious species; electronic permitting 9 system development; operation and maintenance; law en10 forcement interdiction and inspections; and other support 11 activities, as described in sections 190402, 190403, and 12 190404 of division S of this Act: Provided, That amounts 13 may be transferred to ‘‘Surveys, Investigations and Re14 search’’ in the United States Geological Survey; ‘‘National 15 Oceanic and Atmospheric Administration’’ in the Depart16 ment of Commerce; and the ‘‘Center for Disease Control’’ 17 in the Department of Health and Human Services: Pro18 vided further, That such amount is designated by the Con19 gress as being for an emergency requirement pursuant to 20 section 251(b)(2)(A)(i) of the Balanced Budget and 21 Emergency Deficit Control Act of 1985. 22 23 STATE AND TRIBAL WILDLIFE GRANTS For an additional amount for ‘‘State and Tribal 24 Wildlife Grants’’, $50,000,000, to remain available until 25 expended, for a onetime grant program to remain available g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 50 1 until expended, as described in section 190405 of division 2 S of this Act: Provided, That such amount is designated 3 by the Congress as being for an emergency requirement 4 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg5 et and Emergency Deficit Control Act of 1985. 6 UNITED STATES GEOLOGICAL SURVEY 7 SURVEYS, INVESTIGATIONS, AND RESEARCH 8 For an additional amount for ‘‘Surveys, Investiga- 9 tions, and Research’’, $40,000,000, to remain available 10 until September 30, 2021, for technical assistance, bio11 surveillance of wildlife and environmental persistence 12 studies and related research, database development, and 13 accompanying activities as described in section 190404 of 14 division S of this Act: Provided, That such amount is des15 ignated by the Congress as being for an emergency re16 quirement pursuant to section 251(b)(2)(A)(i) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985. 18 BUREAU 19 20 OF INDIAN AFFAIRS OPERATION OF INDIAN PROGRAMS For an additional amount for ‘‘Operation of Indian 21 Programs’’, $900,000,000, to remain available until Sep22 tember 30, 2021, to prevent, prepare for, and respond to 23 coronavirus, of which— 24 25 (1) $100,000,000 shall be for housing improvement; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 51 1 (2) $780,000,000 shall be for providing Tribal 2 government services, for Tribal government em- 3 ployee salaries to maintain operations, and cleaning 4 and sanitization of Tribally owned and operated fa- 5 cilities; and 6 7 (3) $20,000,000 shall be used to provide and deliver potable water; and, 8 Provided, That none of the funds appropriated herein shall 9 be obligated until 3 days after the Bureau of Indian Af10 fairs provides a detailed spend plan, which includes dis11 tribution and use of funds by Tribe, to the Committees 12 on Appropriations of the House of Representatives and the 13 Senate: Provided further, That the Bureau shall notify the 14 Committees on Appropriations of the House of Represent15 atives and the Senate quarterly on the obligations and ex16 penditures of the funds provided by this Act: Provided fur17 ther, That assistance received herein shall not be included 18 in the calculation of funds received by those Tribal govern19 ments who participate in the ‘‘Small and Needy’’ program: 20 Provided further, That such amounts, if transferred to In21 dian Tribes and Tribal organizations under the Indian 22 Self-Determination and Education Assistance Act (1) will 23 be transferred on a one-time basis, (2) are non-recurring 24 funds that are not part of the amount required by 25 25 U.S.C. 5325, and (3) may only be used for the purposes g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 52 1 identified under this heading in this Act, notwithstanding 2 any other provision of law: Provided further, That section 3 11008 of this Act shall not apply to tribal contracts en4 tered into by the Bureau of Indian Affairs with this appro5 priation: Provided further, That such amount is designated 6 by the Congress as being for an emergency requirement 7 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg8 et and Emergency Deficit Control Act of 1985. 9 DEPARTMENTAL OFFICES 10 INSULAR AFFAIRS 11 ASSISTANCE TO TERRITORIES 12 For an additional amount for ‘‘Assistance to Terri- 13 tories’’, $1,000,000,000, to remain available until ex14 pended, to prevent, prepare for, and respond to 15 coronavirus, of which (1) $945,000,000 is for Capital Im16 provement Project grants for hospitals and other critical 17 infrastructure; and (2) $55,000,000 is for territorial as18 sistance, including general technical assistance: Provided, 19 That any appropriation for disaster assistance under this 20 heading in this Act or previous appropriations Acts may 21 be used as non-Federal matching funds for the purpose 22 of hazard mitigation grants provided pursuant to section 23 404 of the Robert T. Stafford Disaster Relief and Emer24 gency Assistance Act (42 U.S.C. 5170c): Provided further, 25 That amounts repurposed in this section that were pre- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 53 1 viously designated by the Congress as an emergency re2 quirement pursuant to the Balanced Budget and Emer3 gency Deficit Control Act of 1985 are designated by the 4 Congress as an emergency requirement pursuant to sec5 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer6 gency Deficit Control Act of 1985: Provided further, That 7 such amount is designated by the Congress as being for 8 an emergency requirement pursuant to section 9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 OFFICE 12 13 OF INSPECTOR GENERAL SALARIES AND EXPENSES For an additional amount for ‘‘Salaries and Ex- 14 penses’’ , $5,000,000, to remain available until expended: 15 Provided, That such amount is designated by the Congress 16 as being for an emergency requirement pursuant to sec17 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985. 19 ENVIRONMENTAL PROTECTION AGENCY 20 ENVIRONMENTAL PROGRAMS AND MANAGEMENT 21 For an additional amount for ‘‘Environmental Pro- 22 grams and Management’’, $50,000,000, to remain avail23 able until September 30, 2021, for environmental justice 24 grants to prevent, prepare for, and respond to coronavirus: 25 Provided, That such amount shall be used to monitor or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 54 1 study links between pollution exposure and the trans2 mission and health outcomes of coronavirus as described 3 in section 190702 of division S of this Act: Provided fur4 ther, That such amount is designated by the Congress as 5 being for an emergency requirement pursuant to section 6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 7 Deficit Control Act of 1985. 8 DEPARTMENT OF HEALTH AND HUMAN 9 SERVICES 10 INDIAN HEALTH SERVICE 11 INDIAN HEALTH SERVICES 12 (INCLUDING TRANSFER OF FUNDS) 13 For an additional amount for ‘‘Indian Health Serv- 14 ices’’, $2,100,000,000, to remain available until expended, 15 to prevent, prepare for, respond to, and provide health 16 services related to coronavirus, of which— 17 18 (1) $1,000,000,000 shall be used to supplement reduced third party revenue collections; 19 (2) $500,000,000 shall be used for direct health 20 and telehealth services, including to purchase sup- 21 plies and personal protective equipment; 22 (3) $140,000,000 shall be used to expand 23 broadband infrastructure and information tech- 24 nology for telehealth and electronic health record 25 system purposes; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 55 1 (4) $20,000,000 shall be used to address the 2 needs of domestic violence victims and homeless indi- 3 viduals and families; 4 5 (5) not less than $64,000,000 shall be for Urban Indian Organizations; and, 6 7 (6) not less than $10,000,000 shall be used to provide and deliver potable water: 8 Provided, That such funds shall be allocated at the discre9 tion of the Director of the Indian Health Service: Provided 10 further, That of the funds provided herein, not less than 11 $366,000,000 shall be transferred to and merged with 12 ‘‘Indian Health Service—Indian Health Facilities’’ at the 13 discretion of the Director to modify existing health facili14 ties to provide isolation or quarantine space, to purchase 15 and install updated equipment necessary, and for mainte16 nance and improvement projects necessary to the purposes 17 specified in this Act: Provided further, That such amounts 18 may be used to supplement amounts otherwise available 19 for such purposes under ‘‘Indian Health Facilities’’: Pro20 vided further, That such amounts, if transferred to Tribes 21 and Tribal organizations under the Indian Self-Deter22 mination and Education Assistance Act, will be trans23 ferred on a one-time basis and that these non-recurring 24 funds are not part of the amount required by 25 U.S.C. 25 5325, and that such amounts may only be used for the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 56 1 purposes identified under this heading notwithstanding 2 any other provision of law: Provided further, That none 3 of the funds appropriated herein for telehealth broadband 4 activities shall be available for obligation until 3 days after 5 the Indian Health Service provides to the Committees on 6 Appropriations of the House of Representatives and the 7 Senate, a detailed spend plan that includes the cost, loca8 tion, and expected completion date of each activity: Pro9 vided further, That the Indian Health Service shall notify 10 the Committees on Appropriations of the House of Rep11 resentatives and the Senate quarterly on the obligations 12 and expenditures of the funds provided by this Act: Pro13 vided further, That section 11008 of this Act shall not 14 apply to tribal contracts entered into by the Bureau of 15 Indian Affairs with this appropriation: Provided further, 16 That such amount is designated by the Congress as being 17 for an emergency requirement pursuant to section 18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 19 Deficit Control Act of 1985. 20 NATIONAL FOUNDATION 21 NATIONAL ENDOWMENT 22 23 ON THE ARTS AND FOR THE HUMANITIES ARTS GRANTS AND ADMINISTRATION For an additional amount for ‘‘Grants and Adminis- 24 tration’’, $10,000,000 to remain available until September 25 30, 2021, for grants to respond to the impacts of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 57 1 coronavirus: Provided, That such funds are available 2 under the same terms and conditions as grant funding ap3 propriated to this heading in Public Law 116–94: Pro4 vided further, That 40 percent of such funds shall be dis5 tributed to State arts agencies and regional arts organiza6 tions and 60 percent of such funds shall be for direct 7 grants: Provided further, That notwithstanding any other 8 provision of law, such funds may also be used by the re9 cipients of such grants for purposes of the general oper10 ations of such recipients: Provided further, That the 11 matching requirements under subsections (e), (g)(4)(A), 12 and (p)(3) of section 5 of the National Foundation on the 13 Arts and Humanities Act of 1965 (20 U.S.C. 954) may 14 be waived with respect to such grants: Provided further, 15 That such amount is designated by the Congress as being 16 for an emergency requirement pursuant to section 17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 NATIONAL ENDOWMENT 20 21 FOR THE HUMANITIES GRANTS AND ADMINISTRATION For an additional amount for ‘‘Grants and Adminis- 22 tration’’, $10,000,000 to remain available until September 23 30, 2021, for grants to respond to the impacts of 24 coronavirus: Provided, That such funds are available 25 under the same terms and conditions as grant funding ap- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 58 1 propriated to this heading in Public Law 116–94: Pro2 vided further, That 40 percent of such funds shall be dis3 tributed to state humanities councils and 60 percent of 4 such funds shall be for direct grants: Provided further, 5 That notwithstanding any other provision of law, such 6 funds may also be used by the recipients of such grants 7 for purposes of the general operations of such recipients: 8 Provided further, That the matching requirements under 9 subsection (h)(2)(A) of section 7 of the National Founda10 tion on the Arts and Humanities Act of 1965 may be 11 waived with respect to such grants: Provided further, That 12 such amount is designated by the Congress as being for 13 an emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 TITLE VI—DEPARTMENTS OF LABOR, HEALTH 17 AND HUMAN SERVICES, AND EDUCATION, 18 AND RELATED AGENCIES 19 20 DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION 21 TRAINING AND EMPLOYMENT SERVICES 22 (INCLUDING TRANSFER OF FUNDS) 23 For an additional amount for ‘‘Training and Employ- 24 ment Services’’, $2,040,000,000, to prevent, prepare for, 25 and respond to coronavirus, of which $15,000,000 shall g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 59 1 be transferred to ‘‘Program Administration’’ to carry out 2 activities in this Act, Public Law 116–127 and Public Law 3 116–136 for full-time equivalent employees, information 4 technology upgrades needed to expedite payments and 5 support implementation, including to expedite policy guid6 ance and disbursement of funds, technical assistance and 7 other assistance to States and territories to speed payment 8 of Federal and State unemployment benefits,and of which 9 the remaining amounts shall be used to carry out activities 10 under the Workforce Innovation and Opportunity Act (re11 ferred to in this Act as ‘‘WIOA’’) as follows: 12 (1) $485,000,000 for grants to the States for 13 adult employment and training activities, including 14 incumbent worker trainings, transitional jobs, on- 15 the-job training, individualized career services, sup- 16 portive services, needs-related payments, and to fa- 17 cilitate remote access to training services provided 18 through a one-stop delivery system through the use 19 of technology, to remain available until June 30, 20 2021: Provided, That an adult shall not be required 21 to meet the requirements of section 134(c)(3)(B) of 22 the WIOA: Provided further, That an adult who 23 meets 24 2102(a)(3)(A) of Public Law 116–136 may be eligi- 25 ble for participation: Provided further, That priority g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 the requirements described in section (763351 3) PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 60 1 may be given to individuals who are adversely im- 2 pacted by economic changes due to the coronavirus, 3 including individuals seeking employment, dislocated 4 workers, individuals with barriers to employment, in- 5 dividuals who are unemployed, or individuals who 6 are underemployed; 7 (2) $518,000,000 for grants to the States for 8 youth activities, including supportive services, sum- 9 mer employment for youth, and to facilitate remote 10 access to training services provided through a one- 11 stop delivery system through the use of technology, 12 to remain available until June 30, 2021: Provided, 13 That individuals described in section 2102(a)(3)(A) 14 of Public Law 116–136 may be eligible for participa- 15 tion as an out-of-school youth if they meet the re- 16 quirements of clauses (i) and (ii) of section 17 129(a)(1)(B) or as in-school youth if they meet the 18 requirements of clauses (i) and (iii) of section 19 129(a)(1)(C) of the WIOA; Provided further, That 20 priority shall be given for out-of-school youth and 21 youth with multiple barriers to employment: Pro- 22 vided further, That funds shall support employer 23 partnerships for youth employment and subsidized 24 employment, and partnerships with community- 25 based organizations to support such employment; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 61 1 (3) $597,000,000 for grants to States for dis- 2 located worker employment and training activities, 3 including incumbent worker trainings, transitional 4 jobs, on-the-job training, individualized career serv- 5 ices, supportive services, needs-related payments, 6 and to facilitate remote access to training services 7 provided through a one-stop delivery system through 8 the use of technology, to remain available until June 9 30, 2021: Provided, That a dislocated worker shall 10 not be required to meet the requirements of section 11 134(c)(3)(B) of the WIOA: Provided further, That a 12 dislocated worker who meets the requirements de- 13 scribed in section 2102(a)(3)(A) of Public Law 116– 14 136 may be eligible for participation; 15 (4) $400,000,000 for the dislocated workers as- 16 sistance national reserve to remain available until 17 September 30, 2023; and 18 (5) $25,000,000 for migrant and seasonal 19 farmworker programs under section 167 of the 20 WIOA, including emergency supportive services, to 21 remain available until June 30, 2021, of which no 22 less than $500,000 shall be for the collection and 23 dissemination of electronic and printed materials re- 24 lated to coronavirus to the migrant and seasonal g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 62 1 farmworker population nationwide, including Puerto 2 Rico, through a cooperative agreement; 3 Provided, That the impact of the COVID–19 national 4 emergency may be considered as an additional factor for 5 reimbursement for on-the-job training under section 6 134(c)(3)(H) of the WIOA and as a factor in determining 7 the employer’s portion of the costs of providing customized 8 training under section 3(14) of the WIOA: Provided fur9 ther, That notwithstanding section 134(d)(5) of the 10 WIOA, a local board may use 40 percent of funds received 11 under paragraphs (1) and (3) for transitional jobs: Pro12 vided further, That notwithstanding section 194(10) of the 13 WIOA, that funds used to support transitional jobs may 14 also be used to support public service employment: Pro15 vided further, That sections 127(b)(1)(C)(iv)(III), 16 132(b)(1)(B)(iv)(III), and 132(b)(2)(B)(iii)(II) shall not 17 apply to funds appropriated under this heading: Provided 18 further, That such amount is designated by the Congress 19 as being for an emergency requirement pursuant to sec20 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer21 gency Deficit Control Act of 1985. 22 WAGE 23 24 AND HOUR DIVISION SALARIES AND EXPENSES For an additional amount for ‘‘Wage and Hour Divi- 25 sion’’, $6,500,000, to remain available until September g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 63 1 30, 2021, to prevent, prepare for, and respond to 2 coronavirus, including for the administration, oversight, 3 and coordination of worker protection activities related 4 thereto: Provided, That the Secretary of Labor shall use 5 funds provided under this heading to support enforcement 6 activities and outreach efforts to make individuals, par7 ticularly low-wage workers, aware of their rights under di8 vision C and division E of Public Law 116–127: Provided 9 further, That such amount is designated by the Congress 10 as being for an emergency requirement pursuant to sec11 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer12 gency Deficit Control Act of 1985. 13 OCCUPATIONAL SAFETY 14 15 AND HEALTH ADMINISTRATION SALARIES AND EXPENSES For an additional amount for ‘‘Occupational Safety 16 and Health Administration’’, $100,000,000, to remain 17 available until September 30, 2021, for worker protection 18 and enforcement activities to prevent, prepare for, and re19 spond to coronavirus, of which $25,000,000 shall be for 20 Susan Harwood training grants and at least $70,000,000 21 shall be to hire additional compliance safety and health 22 officers, and for state plan enforcement, to protect work23 ers from coronavirus by enforcing all applicable standards 24 and directives, including 29 CFR 1910.132, 29 CFR 25 1910.134, Section 5(a)(1) of the Occupational Safety and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 64 1 Health Act of 1970, and 29 CFR 1910.1030: Provided, 2 That activities to protect workers from coronavirus sup3 ported by funds provided under this heading includes addi4 tional enforcement of standards and directives referenced 5 in the preceding proviso at slaughterhouses, poultry proc6 essing plants, and agricultural workplaces: Provided fur7 ther, That within 15 days of the date of enactment of this 8 Act, the Secretary of Labor shall submit a spending and 9 hiring plan for the funds made available under this head10 ing, and a monthly staffing report until all funds are ex11 pended, to the Committees on Appropriations of the 12 House of Representatives and the Senate: Provided fur13 ther, That within 15 days of the date of enactment of this 14 Act, the Secretary of Labor shall submit a plan for the 15 additional enforcement activities described in the third 16 proviso to the Committees on Appropriations of the House 17 of Representatives and the Senate: Provided further, That 18 such amount is designated by the Congress as being for 19 an emergency requirement pursuant to section 20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 21 Deficit Control Act of 1985. 22 23 OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector 24 General’’, $5,000,000, to remain available until expended, 25 to prevent, prepare for, and respond to coronavirus. Pro- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 65 1 vided, That such amount is designated by the Congress 2 as being for an emergency requirement pursuant to sec3 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer4 gency Deficit Control Act of 1985. 5 6 ADMINISTRATIVE PROVISION—DEPARTMENT OF LABOR SEC. 10601. There is hereby appropriated for fiscal 7 year 2021 for ‘‘Department of Labor—Employment 8 Training Administration—State Unemployment Insur9 ance and Employment Service Operations’’, $28,600,000, 10 to be expended from the Employment Security Adminis11 tration Account in the Unemployment Trust Fund (‘‘the 12 Trust Fund’’) to carry out title III of the Social Security 13 Act: Provided, That such amount shall only become avail14 able for obligation if the Average Weekly Insured Unem15 ployment (‘‘AWIU’’) for fiscal year 2021 is projected, by 16 the Department of Labor during fiscal year 2021 to ex17 ceed 1,728,000: Provided further, That to the extent that 18 the AWIU for fiscal year 2021 is projected by the Depart19 ment of Labor to exceed 1,728,000, an additional 20 $28,600,000 from the Trust Fund shall be made available 21 for obligation during fiscal year 2021 for every 100,000 22 increase in the AWIU level (including a pro rata amount 23 for any increment less than 100,000): Provided further, 24 That, except as specified in this section, amounts provided 25 herein shall be available under the same authority and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 66 1 conditions applicable to funds provided to carry out title 2 III of the Social Security Act under the heading ‘‘Depart3 ment of Labor—Employment Training Administration— 4 State Unemployment Insurance and Employment Service 5 Operations’’ in division A of Public Law 116–94: Provided 6 further, That such amounts shall be in addition to any 7 other funds made available in any fiscal year for such pur8 poses: Provided further, That such amount is designated 9 by the Congress as being for an emergency requirement 10 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg11 et and Emergency Deficit Control Act of 1985. 12 DEPARTMENT OF HEALTH AND HUMAN 13 SERVICES 14 HEALTH RESOURCES 15 16 AND SERVICES ADMINISTRATION PRIMARY HEALTH CARE For an additional amount for ‘‘Primary Health 17 Care’’, $7,600,000,000, to remain available until Sep18 tember 30, 2025, for necessary expenses to prevent, pre19 pare for, and respond to coronavirus, for grants and coop20 erative agreements under the Health Centers Program, as 21 defined by section 330 of the Public Health Service Act, 22 and for grants to Federally qualified health centers, as 23 defined in section 1861(aa)(4)(B) of the Social Security 24 Act, and for eligible entities under the Native Hawaiian 25 Health Care Improvement Act, including maintenance or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 67 1 expansion of health center and system capacity and staff2 ing levels: Provided, That sections 330(r)(2)(B), 3 330(e)(6)(A)(iii), and 330(e)(6)(B)(iii) shall not apply to 4 funds provided under this heading in this Act: Provided 5 further, That funds provided under this heading in this 6 Act may be used to (1) purchase equipment and supplies 7 to conduct mobile testing for SARS–CoV–2 or COVID– 8 19; (2) purchase and maintain mobile vehicles and equip9 ment to conduct such testing; and (3) hire and train lab10 oratory personnel and other staff to conduct such mobile 11 testing: Provided further, That such amount is designated 12 by the Congress as being for an emergency requirement 13 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg14 et and Emergency Deficit Control Act of 1985. 15 16 RYAN WHITE HIV/AIDS PROGRAM For an additional amount for ‘‘Ryan White HIV/ 17 AIDS Program’’, $10,000,000, to remain available until 18 September 30, 2022, to prevent, prepare for, and respond 19 to coronavirus: Provided, That awards from funds pro20 vided under this heading in this Act shall be through 21 modifications to existing contracts and supplements to ex22 isting grants and cooperative agreements under parts A, 23 B, C, D, F, and section 2692(a) of title XXVI of the Pub24 lic Health Service Act: Provided further, That such supple25 ments shall be awarded using a data-driven methodology g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 68 1 determined by the Secretary of Health and Human Serv2 ices: Provided further, That sections 2604(c), 2612(b), and 3 2651(c) of the Public Health Service Act shall not apply 4 to funds provided under this heading in this Act: Provided 5 further, That the Secretary may waive any penalties and 6 administrative requirements as necessary to ensure that 7 the funds may be used efficiently: Provided further, That 8 such amount is designated by the Congress as being for 9 an emergency requirement pursuant to section 10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985. 12 13 14 CENTERS FOR DISEASE CONTROL AND PREVENTION CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT For an additional amount for ‘‘CDC–Wide Activities 15 and Program Support’’, $2,130,000,000, to remain avail16 able until September 30, 2024, to prevent, prepare for, 17 and respond to coronavirus, domestically or internation18 ally: Provided, That of the amount provided under this 19 heading in this Act, $1,000,000,000 shall be for Public 20 Health Emergency Preparedness cooperative agreements 21 under section 319C–1 of the Public Health Service Act: 22 Provided further, That, of the amount provided under this 23 heading in this Act, $1,000,000,000 shall be for necessary 24 expenses for grants for core public health infrastructure 25 for State, local, Territorial, or Tribal health departments g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 69 1 as described in section 30550 of division C of this Act: 2 Provided further, That of the amount made available 3 under this heading in this Act for specified programs, not 4 less than $100,000,000 shall be allocated to tribes, tribal 5 organizations, urban Indian health organizations, or 6 health service providers to tribes: Provided further, That 7 of the amount provided under this heading in this Act, 8 $130,000,000 shall be for public health data surveillance 9 and analytics infrastructure modernization: Provided fur10 ther, That funds appropriated under this heading in this 11 Act for grants may be used for the rent, lease, purchase, 12 acquisition, construction, alteration, or renovation of non13 Federally owned facilities to improve preparedness and re14 sponse capability at the State and local level: Provided fur15 ther, That all construction, alteration, or renovation work, 16 carried out, in whole or in part, with funds appropriated 17 under this heading in this Act, or under this heading in 18 the CARES ACT (P.L. 116–136), shall be subject to the 19 requirements of 42 U.S.C. 300s-1(b)(1)(I): Provided fur20 ther, That such amount is designated by the Congress as 21 being for an emergency requirement pursuant to section 22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 23 Deficit Control Act of 1985. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 70 1 NATIONAL INSTITUTES OF HEALTH 2 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS 3 DISEASES 4 For an additional amount for ‘‘National Institute of 5 Allergy and Infectious Diseases’’, $500,000,000, to re6 main available until September 30, 2024, to prevent, pre7 pare for, and respond to coronavirus: Provided, That such 8 amount is designated by the Congress as being for an 9 emergency requirement pursuant to section 10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985. 12 13 NATIONAL INSTITUTE OF MENTAL HEALTH For an additional amount for ‘‘National Institute of 14 Mental Health’’, $200,000,000, to remain available until 15 September 30, 2024, to prevent, prepare for, and respond 16 to coronavirus: Provided, That such amount is designated 17 by the Congress as being for an emergency requirement 18 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg19 et and Emergency Deficit Control Act of 1985. 20 OFFICE OF THE DIRECTOR 21 (INCLUDING TRANSFER OF FUNDS) 22 For an additional amount for ‘‘Office of the Direc- 23 tor’’, $4,021,000,000, to remain available until September 24 30, 2024, to prevent, prepare for, and respond to 25 coronavirus, domestically or internationally: Provided. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 71 1 That not less than $3,000,000,000 of the amount provided 2 under this heading in this Act shall be for offsetting the 3 costs related to reductions in lab productivity resulting 4 from the coronavirus pandemic or public health measures 5 related to the coronavirus pandemic: Provided further, 6 That up to $1,021,000,000 of the amount provided under 7 this heading in this Act shall be to support additional sci8 entific research or the programs and platforms that sup9 port research: Provided further, That funds made available 10 under this heading in this Act may be transferred to the 11 accounts of the Institutes and Centers of the National In12 stitutes of Health (‘‘NIH’’): Provided further, That this 13 transfer authority is in addition to any other transfer au14 thority available to the NIH: Provided further, That such 15 amount is designated by the Congress as being for an 16 emergency requirement pursuant to section 17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 20 ADMINISTRATION 21 HEALTH SURVEILLANCE AND PROGRAM SUPPORT 22 For an additional amount for ‘‘Health Surveillance 23 and Program Support’’, $3,000,000,000, to remain avail24 able until September 30, 2021, to prevent, prepare for, 25 and respond to coronavirus: Provided, That of the funds g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 72 1 made available under this heading in this Act, 2 $1,500,000,000 shall be for grants for the substance 3 abuse prevention and treatment block grant program 4 under subpart II of part B of title XIX of the Public 5 Health Service Act (‘‘PHS Act’’): Provided further, That 6 of the funds made available under this heading in this Act, 7 $1,000,000,000 shall be for grants for the community 8 mental health services block grant program under subpart 9 I of part B of title XIX of the PHS Act: Provided further, 10 That of the funds made available under this heading in 11 this Act, $100,000,000 shall be for services to the home12 less population: Provided further, That of the funds made 13 available under this heading in this Act, $100,000,000 14 shall be for activities and services under Project AWARE: 15 Provided further, That of the funds made available under 16 this heading in this Act, $10,000,000 shall be for the Na17 tional Child Traumatic Stress Network: Provided further, 18 That of the amount made available under this heading in 19 this Act, $265,000,000 is available for activities author20 ized under section 501(o) of the Public Health Service 21 Act: Provided further, That of the amount made available 22 under this heading in this Act, $25,000,000 shall be for 23 the Suicide Lifeline and Disaster Distress Helpline: Pro24 vided further, That of the amount made available under 25 this heading in this Act for specified programs, not less g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 73 1 than $150,000,000 shall be allocated to tribes, tribal orga2 nizations, urban Indian health organizations, or health or 3 behavioral health service providers to tribes: Provided fur4 ther, That the Substance Abuse and Mental Health Serv5 ices Administration has flexibility to amend allowable ac6 tivities, timelines, and reporting requirements for the Sub7 stance Abuse Prevention and Treatment Block Grant and 8 the Community Mental Health Services Block Grant pur9 suant to the public health emergency declaration: Provided 10 further, That such amount is designated by the Congress 11 as being for an emergency requirement pursuant to sec12 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer13 gency Deficit Control Act of 1985. 14 CENTERS FOR 15 16 MEDICARE & MEDICAID SERVICES PROGRAM MANAGEMENT For an additional amount for ‘‘Program Manage- 17 ment’’, $150,000,000, to remain available through Sep18 tember 30, 2022, to prevent, prepare for, and respond to 19 coronavirus, for State strike teams for resident and em20 ployee safety in skilled nursing facilities and nursing facili21 ties, including activities to support clinical care, infection 22 control, and staffing: Provided, That such amount is des23 ignated by the Congress as being for an emergency re24 quirement pursuant to section 251(b)(2)(A)(i) of the Bal25 anced Budget and Emergency Deficit Control Act of 1985. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 74 1 ADMINISTRATION FOR CHILDREN AND FAMILIES 2 LOW INCOME HOME ENERGY ASSISTANCE 3 For an additional amount for ‘‘Low Income Home 4 Energy Assistance’’, $1,500,000,000, to remain available 5 until September 30, 2021, to prevent, prepare for, and re6 spond to coronavirus, for making payments under sub7 section (b) of section 2602 of the Low-Income Home En8 ergy Assistance Act of 1981 (42 U.S.C. 8621 et seq.): Pro9 vided, That of the amount provided under this heading 10 in this Act, $750,000,000 shall be allocated as though the 11 total appropriation for such payments for fiscal year 2020 12 was less than $1,975,000,000: Provided further, That each 13 grantee that receives an allotment of funds made available 14 under this heading in this Act shall, for purposes of in15 come eligibility, deem to be eligible any household that 16 documents job loss or severe income loss dated after Feb17 ruary 29, 2020, such as a layoff or furlough notice or 18 verification of application for unemployment benefits: Pro19 vided further, That the limitation in section 2605(b)(9)(A) 20 of the Low-Income Home Energy Assistance Act of 1981, 21 regarding planning and administering the use of funds, 22 shall apply to funds provided under this heading in this 23 Act by substituting ‘‘12.5 percent’’ for ‘‘10 percent’’: Pro24 vided further, That section 2607(b)(2)(B) of such Act (42 25 U.S.C. 8626(b)(2)(B)) shall not apply to funds made g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 75 1 available under this heading in this Act: Provided further, 2 That such amount is designated by the Congress as being 3 for an emergency requirement pursuant to section 4 251(b)(2)(A)(i) of the Balanced Budget and Emergency 5 Deficit Control Act of 1985. 6 PAYMENTS TO STATES FOR THE CHILD CARE AND 7 DEVELOPMENT BLOCK GRANT 8 For an additional amount for ‘‘Payments to States 9 for the Child Care and Development Block Grant’’, 10 $7,000,000,000, to remain available until September 30, 11 2021, to prevent, prepare for, and respond to coronavirus, 12 including for Federal administrative expenses, which shall 13 be used to supplement, not supplant State, Territory, and 14 Tribal general revenue funds for child care assistance for 15 low-income families within the United States (including 16 territories) without regard to requirements in sections 17 658E(c)(3)(D)–(E) or section 658G of the Child Care and 18 Development Block Grant Act: Provided, That funds pro19 vided under this heading in this Act may be used for costs 20 of providing relief from copayments and tuition payments 21 for families and for paying that portion of the child care 22 provider’s cost ordinarily paid through family copayments, 23 to provide continued payments and assistance to child care 24 providers in the case of decreased enrollment or closures 25 related to coronavirus, and to ensure child care providers g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 76 1 are able to remain open or reopen as appropriate and ap2 plicable: Provided further, That States, Territories, and 3 Tribes are encouraged to place conditions on payments to 4 child care providers that ensure that child care providers 5 use a portion of funds received to continue to pay the sala6 ries and wages of staff: Provided further, That lead agen7 cies shall, for the duration of the COVID–19 public health 8 emergency, implement enrollment and eligibility policies 9 that support the fixed costs of providing child care services 10 by delinking provider reimbursement rates from an eligible 11 child’s absence and a provider’s closure due to the 12 COVID–19 public health emergency: Provided further, 13 That the Secretary shall remind States that CCDBG State 14 plans do not need to be amended prior to utilizing existing 15 authorities in the Child Care and Development Block 16 Grant Act for the purposes provided herein: Provided fur17 ther, That States, Territories, and Tribes are authorized 18 to use funds appropriated under this heading in this Act 19 to provide child care assistance to health care sector em20 ployees, emergency responders, sanitation workers, farm21 workers, and other workers deemed essential during the 22 response to coronavirus by public officials, without regard 23 to the income eligibility requirements of section 658P(4) 24 of such Act: Provided further, That funds appropriated 25 under this heading in this Act shall be available to eligible g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 77 1 child care providers under section 658P(6) of the CCDBG 2 Act, even if such providers were not receiving CCDBG as3 sistance prior to the public health emergency as a result 4 of the coronavirus, for the purposes of cleaning and sani5 tation, and other activities necessary to maintain or re6 sume the operation of programs: Provided further, That 7 no later than 60 days after the date of enactment of this 8 Act, each State, Territory, and Tribe that receives funding 9 under this heading in this Act shall submit to the Sec10 retary a report, in such manner as the Secretary may re11 quire, describing how the funds appropriated under this 12 heading in this Act will be spent and that no later than 13 90 days after the date of enactment of this Act, the Sec14 retary shall submit to the Committees on Appropriations 15 of the House of Representatives and the Senate, the Com16 mittee on Education and Labor of the House of Rep17 resentatives, and the Committee on Health, Education, 18 Labor, and Pensions of the Senate a report summarizing 19 such reports from the States, Territories, and Tribes: Pro20 vided further, That no later than October 31, 2021, each 21 State, Territory, and Tribe that receives funding under 22 this heading in this Act shall submit to the Secretary a 23 report, in such manner as the Secretary may require, de24 scribing how the funds appropriated under this heading 25 in this Act were spent and that no later than 60 days g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 78 1 after receiving such reports from the States, Territories, 2 and Tribes, the Secretary shall submit to the Committees 3 on Appropriations of the House of Representatives and the 4 Senate, the Committee on Education and Labor of the 5 House of Representatives, and the Committee on Health, 6 Education, Labor, and Pensions of the Senate a report 7 summarizing such reports from the States, Territories, 8 and Tribes: Provided further, That payments made under 9 this heading in this Act may be obligated in this fiscal 10 year or the succeeding two fiscal years: Provided further, 11 That funds appropriated under this heading in this Act 12 may be made available to restore amounts, either directly 13 or through reimbursement, for obligations incurred to pre14 vent, prepare for, and respond to coronavirus, prior to the 15 date of enactment of this Act: Provided further, That such 16 amount is designated by the Congress as being for an 17 emergency requirement pursuant to section 18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 19 Deficit Control Act of 1985. 20 21 CHILDREN AND FAMILIES SERVICES PROGRAMS For an additional amount for ‘‘Children and Families 22 Services Programs’’, $1,590,000,000, to remain available 23 until September 30, 2021, to prevent, prepare for, and re24 spond to coronavirus, which shall be used as follows: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 79 1 (1) $50,000,000 for Family Violence Prevention 2 and Services grants as authorized by section 303(a) 3 and 303(b) of the Family Violence Prevention and 4 Services Act with such funds available to grantees 5 without regard to matching requirements under sec- 6 tion 306(c)(4) of such Act, of which $2,000,000 7 shall be for the National Domestic Violence Hotline: 8 Provided, That the Secretary of Health and Human 9 Services may make such funds available for pro- 10 viding temporary housing and assistance to victims 11 of family, domestic, and dating violence; 12 (2) $20,000,000 for necessary expenses for 13 community-based grants for the prevention of child 14 abuse and neglect under section 209 of the Child 15 Abuse Prevention and Treatment Act, which the 16 Secretary shall make without regard to sections 17 203(b)(1) and 204(4) of such Act; and 18 (3) $20,000,000 for necessary expenses for the 19 Child Abuse Prevention and Treatment Act State 20 Grant program as authorized by Section 112 of such 21 Act; 22 (4) $1,500,000,000 for necessary expenses for 23 grants to carry out the Low-Income Household 24 Drinking Water and Wastewater Assistance pro- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 80 1 gram, as described in section 190703 of division S 2 of this Act. 3 Provided, That funds made available under this heading 4 in this Act may be used for the purposes provided herein 5 to reimburse costs incurred between January 20, 2020, 6 and the date of award: Provided further, That funds ap7 propriated by the CARES Act (P.L.116–136) to carry out 8 the Community Services Block Grant Act (42 U.S.C. 9901 9 et seq.) and received by a State shall be made available 10 to eligible entities (as defined in section 673(1)(A) of such 11 Act (42 U.S.C. 9902(1)(A)) not later than either 30 days 12 after such State receives such funds or 30 days after the 13 date of the enactment of this Act, whichever occurs later: 14 Provided further, That such amount is designated by the 15 Congress as being for an emergency requirement pursuant 16 to section 251(b)(2)(A)(i) of the Balanced Budget and 17 Emergency Deficit Control Act of 1985. 18 ADMINISTRATION FOR COMMUNITY LIVING 19 AGING AND DISABILITY SERVICES PROGRAMS 20 For an additional amount for ‘‘Aging and Disability 21 Services Programs’’, $100,000,000, to remain available 22 until September 30, 2021, to prevent, prepare for, and re23 spond to the coronavirus: Provided, That of the amount 24 made available under this heading in this Act, 25 $85,000,000 shall be for activities authorized under the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 81 1 Older Americans Act of 1965 (‘‘OAA’’) and activities au2 thorized under part B of title XX of the Social Security 3 Act, including $20,000,000 for supportive services under 4 part B of title III; $19,000,000 for nutrition services 5 under subparts 1 and 2 of part C of title III; $1,000,000 6 for nutrition services under title VI; $20,000,000 for sup7 portive services for family caregivers under part E of title 8 III; $10,000,000 for evidence-based health promotion and 9 disease prevention services under part D of title III; 10 $10,000,000 for elder rights protection activities, includ11 ing the long-term ombudsman program under title VI; and 12 $5,000,000 shall be for grants to States to support the 13 network of statewide senior legal services, including exist14 ing senior legal hotlines, efforts to expand such hotlines 15 to all interested States, and legal assistance to providers, 16 in order to ensure seniors have access to legal assistance, 17 with such fund allotted to States consistent with para18 graphs (1) through (3) of section 304(a) of the OAA: Pro19 vided further, That State matching requirements under 20 sections 304(d)(1)(D) and 373(g)(2) of the OAA shall not 21 apply to funds made available under this heading: Pro22 vided further, That of the amount made available under 23 this heading in this Act, $10,000,000 shall be for activities 24 authorized in the Developmental Disabilities Assistance 25 and Bill of Rights Act of 2000: Provided further, That g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 82 1 of the amount made available under this heading in this 2 Act, $5,000,000 shall be for activities authorized in the 3 Assistive Technology Act of 2004: Provided further, That 4 of the amount made available in the preceding proviso, 5 $5,000,000 shall be for the purchase of equipment to allow 6 interpreters to provide appropriate and essential services 7 to the hearing-impaired community: Provided further, 8 That for the purposes of the funding provided in the pre9 ceding proviso, during the emergency period described in 10 section 1135(g)(1)(B) of the Social Security Act, for pur11 poses of section 4(e)(2)(A) of the Assistive Technology Act 12 of 2004, the term ‘‘targeted individuals and entities’’ (as 13 that term is defined in section 3(16) of the Assistive Tech14 nology Act of 2004) shall be deemed to include American 15 Sign Language certified interpreters who are providing in16 terpretation services remotely for individuals with disabil17 ities: Provided further, That during such emergency pe18 riod, for the purposes of the previous two provisos, to fa19 cilitate the ability of individuals with disabilities to remain 20 in their homes and practice social distancing, the Sec21 retary shall waive the prohibitions on the use of grant 22 funds for direct payment for an assistive technology device 23 for an individual with a disability under sections 24 4(e)(2)(A) and 4(e)(5) of such Act: Provided further, That 25 such amount is designated by the Congress as being for g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 83 1 an emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 OFFICE OF THE SECRETARY 5 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 6 FUND 7 For an additional amount for ‘‘Public Health and So- 8 cial Services Emergency Fund’’, $4,575,000,000, to re9 main available until September 30, 2024, to prevent, pre10 pare for, and respond to coronavirus, domestically or 11 internationally, including the development of necessary 12 countermeasures and vaccines, prioritizing platform-based 13 technologies with U.S.-based manufacturing capabilities, 14 the purchase of vaccines, therapeutics, diagnostics, nec15 essary medical supplies, as well as medical surge capacity, 16 addressing blood supply chain, workforce modernization, 17 telehealth access and infrastructure, initial advanced man18 ufacturing, novel dispensing, enhancements to the U.S. 19 Commissioned Corps, and other preparedness and re20 sponse activities: Provided, That funds appropriated under 21 this paragraph in this Act may be used to develop and 22 demonstrate innovations and enhancements to manufac23 turing platforms to support such capabilities: Provided 24 further, That the Secretary of Health and Human Services 25 shall purchase vaccines developed using funds made avail- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 84 1 able under this paragraph in this Act to respond to an 2 outbreak or pandemic related to coronavirus in quantities 3 determined by the Secretary to be adequate to address the 4 public health need: Provided further, That products pur5 chased by the Federal government with funds made avail6 able under this paragraph in this Act, including vaccines, 7 therapeutics, and diagnostics, shall be purchased in ac8 cordance with Federal Acquisition Regulation guidance on 9 fair and reasonable pricing: Provided further, That the 10 Secretary may take such measures authorized under cur11 rent law to ensure that vaccines, therapeutics, and 12 diagnostics developed from funds provided in this Act will 13 be affordable in the commercial market: Provided further, 14 That in carrying out the previous proviso, the Secretary 15 shall not take actions that delay the development of such 16 products: Provided further, That products purchased with 17 funds appropriated under this paragraph in this Act may, 18 at the discretion of the Secretary of Health and Human 19 Services, be deposited in the Strategic National Stockpile 20 under section 319F–2 of the Public Health Service Act: 21 Provided further, That funds appropriated under this 22 paragraph in this Act may be transferred to, and merged 23 with, the fund authorized by section 319F–4, the Covered 24 Countermeasure Process Fund, of the Public Health Serv25 ice Act: Provided further, That of the amount made avail- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 85 1 able under this paragraph in this Act, $3,500,000,000 2 shall be available to the Biomedical Advanced Research 3 and Development Authority for necessary expenses of ad4 vanced research, development, manufacturing, production, 5 and purchase of vaccines and therapeutics: Provided fur6 ther, That of the amount made available under this para7 graph in this Act, $500,000,000 shall be available to the 8 Biomedical Advanced Research and Development Author9 ity for the construction, renovation, or equipping of U.S.10 based next generation manufacturing facilities, other than 11 facilities owned by the United States Government: Pro12 vided further, That of the amount made available under 13 this paragraph in this Act, $500,000,000 shall be available 14 to the Biomedical Advanced Research and Development 15 Authority to promote innovation in antibacterial research 16 and development: Provided further, That funds made 17 available under this paragraph in this Act may be used 18 for grants for the rent, lease, purchase, acquisition, con19 struction, alteration, or renovation of non-Federally owned 20 facilities to improve preparedness and response capability 21 at the State and local level: Provided further, That funds 22 appropriated under this paragraph in this Act may be 23 used for the construction, alteration, renovation or equip24 ping of non-Federally owned facilities for the production 25 of vaccines, therapeutics, diagnostics, and medicines and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 86 1 other items purchased under section 319F–2(a) of the 2 Public Health Service Act where the Secretary determines 3 that such a contract is necessary to assure sufficient do4 mestic production of such supplies: Provided further, That 5 all construction, alteration, or renovation work, carried 6 out, in whole or in part, with fund appropriated under this 7 heading in this Act, the CARES Act (P.L. 116–136), or 8 the Paycheck Protection Program and Health Care En9 hancement Act (P.L. 116–139), shall be subject to the re10 quirements of 42 U.S.C. 300s-1(b)(1)(I): Provided further, 11 That not later than seven days after the date of enactment 12 of this Act, and weekly thereafter until the public health 13 emergency related to coronavirus is no longer in effect, 14 the Secretary shall report to the Committees on Appro15 priations of the House of Representatives and the Senate 16 on the current inventory of ventilators and personal pro17 tective equipment in the Strategic National Stockpile, in18 cluding the numbers of face shields, gloves, goggles and 19 glasses, gowns, head covers, masks, and respirators, as 20 well as deployment of ventilators and personal protective 21 equipment during the previous week, reported by state and 22 other jurisdiction: Provided further, That after the date 23 that a report is required to be submitted by the preceding 24 proviso, amounts made available for ‘‘Department of 25 Health and Human Services—Office of the Secretary— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 87 1 General Departmental Management’’ in Public Law 116– 2 94 for salaries and expenses of the Immediate Office of 3 the Secretary shall be reduced by $250,000 for each day 4 that such report has not been submitted: Provided further, 5 That not later than the first Monday in February of fiscal 6 year 2021 and each fiscal year thereafter, the Secretary 7 shall include in the annual budget submission for the De8 partment, and submit to the Congress, the Secretary’s re9 quest with respect to expenditures necessary to maintain 10 the minimum level of relevant supplies in the Strategic 11 National Stockpile, including in case of a significant pan12 demic, in consultation with the working group under sec13 tion 319F(a) of the Public Health Service Act and the 14 Public Health Emergency Medical Countermeasures En15 terprise established under section 2811–1 of such Act: 16 Provided further, That such amount is designated by the 17 Congress as being for an emergency requirement pursuant 18 to section 251(b)(2)(A)(i) of the Balanced Budget and 19 Emergency Deficit Control Act of 1985. 20 For an additional amount for ‘‘Public Health and So- 21 cial Services Emergency Fund’’, $100,000,000,000, to re22 main available until expended, to prevent, prepare for, and 23 respond to coronavirus, for necessary expenses to make 24 payments under the Health Care Provider Relief Fund as 25 described in section 30611 of division C of this Act: Pro- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 88 1 vided, That such amount is designated by the Congress 2 as being for an emergency requirement pursuant to sec3 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer4 gency Deficit Control Act of 1985. 5 For an additional amount for ‘‘Public Health and So- 6 cial Services Emergency Fund’’, $75,000,000,000, to re7 main available until expended, to prevent, prepare for, and 8 respond to coronavirus, for necessary expenses to carry 9 out the COVID-19 National Testing and Contact Tracing 10 Initiative, as described in subtitle D of division C of this 11 Act: Provided, That such amount is designated by the 12 Congress as being for an emergency requirement pursuant 13 to section 251(b)(2)(A)(i) of the Balanced Budget and 14 Emergency Deficit Control Act of 1985. 15 DEPARTMENT OF EDUCATION 16 STATE FISCAL STABILIZATION FUND 17 For an additional amount for ‘‘State Fiscal Stabiliza- 18 tion Fund’’, $90,000,000,000, to remain available until 19 September 30, 2022, to prevent, prepare for, and respond 20 to coronavirus: Provided, That the Secretary of Education 21 (referred to under this heading as ‘‘Secretary’’) shall make 22 grants to the Governor of each State for support of ele23 mentary, secondary, and postsecondary education and, as 24 applicable, early childhood education programs and serv25 ices: Provided further, That of the amount made available, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 89 1 the Secretary shall first allocate up to one-half of 1 per2 cent to the outlying areas and one-half of 1 percent to 3 the Bureau of Indian Education (‘‘BIE’’) for activities 4 consistent with this heading under such terms and condi5 tions as the Secretary may determine: Provided further, 6 That the Secretary may reserve up to $30,000,000 for ad7 ministration and oversight of the activities under this 8 heading: Provided further, That the Secretary shall allo9 cate 61 percent of the remaining funds made available to 10 carry out this heading to the States on the basis of their 11 relative population of individuals aged 5 through 24 and 12 allocate 39 percent on the basis of their relative number 13 of children counted under section 1124(c) of the Elemen14 tary and Secondary Education Act of 1965 (referred to 15 under this heading as ‘‘ESEA’’) as State grants: Provided 16 further, That State grants shall support statewide elemen17 tary, secondary, and postsecondary activities; subgrants to 18 local educational agencies; and, subgrants to public insti19 tutions of higher education: Provided further, That States 20 shall allocate 65 percent of the funds received under the 21 sixth proviso as subgrants to local educational agencies in 22 proportion to the amount of funds such local educational 23 agencies received under part A of title I of the ESEA in 24 the most recent fiscal year: Provided further, That States 25 shall allocate 30 percent of the funds received under the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 90 1 sixth proviso as subgrants to public institutions of higher 2 education, of which 75 percent shall be apportioned ac3 cording to the relative share of students who received Pell 4 Grants who are not exclusively enrolled in distance edu5 cation courses prior to the coronavirus emergency at the 6 institution in the previous award year and 25 percent shall 7 be apportioned according to the total enrollment of stu8 dents at the institution who are not exclusively enrolled 9 in distance education courses prior to the coronavirus 10 emergency at the institution in the previous award year: 11 Provided further, That the Governor shall return to the 12 Secretary any funds received that the Governor does not 13 award to local educational agencies and public institutions 14 of higher education or otherwise commit within two years 15 of receiving such funds, and the Secretary shall reallocate 16 such funds to the remaining States in accordance with the 17 sixth proviso: Provided further, That Governors shall use 18 State grants and subgrants to maintain or restore State 19 and local fiscal support for elementary, secondary and 20 postsecondary education: Provided further, That funds for 21 local educational agencies may be used for any activity au22 thorized by the ESEA, including the Native Hawaiian 23 Education Act and the Alaska Native Educational Equity, 24 Support, and Assistance Act, the Individuals with Disabil25 ities Education Act (‘‘IDEA’’), subtitle B of title VII of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 91 1 the McKinney-Vento Homeless Assistance Act , the Adult 2 Education and Family Literacy Act or the Carl D. Perkins 3 Career and Technical Education Act of 2006 (‘‘the Per4 kins Act’’): Provided further, That a State or local edu5 cational agency receiving funds under this heading may 6 use the funds for activities coordinated with State, local, 7 tribal, and territorial public health departments to detect, 8 prevent, or mitigate the spread of infectious disease or 9 otherwise respond to coronavirus; support online learning 10 by purchasing educational technology and internet access 11 for students, which may include assistive technology or 12 adaptive equipment, that aids in regular and substantive 13 educational interactions between students and their class14 room instructor; provide ongoing professional development 15 to staff in how to effectively provide quality online aca16 demic instruction; provide assistance for children and fam17 ilies to promote equitable participation in quality online 18 learning; plan and implement activities related to summer 19 learning, including providing classroom instruction or 20 quality online learning during the summer months; plan 21 for and coordinate during long-term closures, provide tech22 nology for quality online learning to all students, and how 23 to support the needs of low-income students, racial and 24 ethnic minorities, students with disabilities, English learn25 ers, students experiencing homelessness, and children in g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 92 1 foster care, including how to address learning gaps that 2 are created or exacerbated due to long-term closures; sup3 port the continuity of student engagement through social 4 and emotional learning; and other activities that are nec5 essary to maintain the operation of and continuity of serv6 ices in local educational agencies, including maintaining 7 employment of existing personnel, and reimbursement for 8 eligible costs incurred during the national emergency: Pro9 vided further, That a public institution of higher education 10 that receives funds under this heading shall use funds for 11 education and general expenditures (including defraying 12 expenses due to lost revenue, reimbursement for expenses 13 already incurred, and payroll) and grants to students for 14 expenses directly related to coronavirus and the disruption 15 of campus operations (which may include emergency fi16 nancial aid to students for food, housing, technology, 17 health care, and child care costs that shall not be required 18 to be repaid by such students) or for the acquisition of 19 technology and services directly related to the need for dis20 tance education and the training of faculty and staff to 21 use such technology and services: Provided further, That 22 priority shall be given to under-resourced institutions, in23 stitutions with high burden due to the coronavirus, and 24 institutions who did not possess distance education capa25 bilities prior to the coronavirus emergency: Provided fur- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 93 1 ther, That any institution of higher education that is not 2 otherwise eligible for a grant of at least $1,000,000 under 3 this heading shall be eligible to receive an amount equal 4 to whichever is lesser of the total loss of revenue and in5 creased costs associated with the coronavirus or 6 $1,000,000: Provided further, That an institution of high7 er education may not use funds received under this head8 ing to increase its endowment or provide funding for cap9 ital outlays associated with facilities related to athletics, 10 sectarian instruction, or religious worship: Provided fur11 ther, That funds may be used to support hourly workers, 12 such as education support professionals, classified school 13 employees, and adjunct and contingent faculty: Provided 14 further, That a Governor of a State desiring to receive an 15 allocation under this heading shall submit an application 16 at such time, in such manner, and containing such infor17 mation as the Secretary may reasonably require: Provided 18 further, That the Secretary shall issue a notice inviting 19 applications not later than 15 days after the date of enact20 ment of this Act: Provided further, That any State receiv21 ing funding under this heading shall maintain its percent 22 of total spending on elementary, secondary, and postsec23 ondary education in fiscal year 2019 for fiscal years 2020, 24 2021, and 2022: Provided further, That a State’s applica25 tion shall include assurances that the State will maintain g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 94 1 support for elementary and secondary education in fiscal 2 year 2020, fiscal year 2021, and fiscal year 2022 at least 3 at the level of such support that is the average of such 4 State’s support for elementary and secondary education 5 in the 3 fiscal years preceding the date of enactment of 6 this Act: Provided further, That a State’s application shall 7 include assurances that the State will maintain State sup8 port for higher education (not including support for cap9 ital projects or for research and development or tuition 10 and fees paid by students) in fiscal year 2020, fiscal year 11 2021, and fiscal year 2022 at least at the level of such 12 support that is the average of such State’s support for 13 higher education (which shall include State and local gov14 ernment funding to institutions of higher education and 15 state need-based financial aid) in the 3 fiscal years pre16 ceding the date of enactment of this Act, and that any 17 such State’s support for higher education funding, as cal18 culated as spending for public higher education per full19 time equivalent student, shall be the same in fiscal year 20 2022 as it was in fiscal year 2019: Provided further, That 21 in such application, the Governor shall provide baseline 22 data that demonstrates the State’s current status in each 23 of the areas described in such assurances in the preceding 24 provisos: Provided further, That a State’s application shall 25 include assurances that the State will not construe any g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 95 1 provisions under this heading as displacing any otherwise 2 applicable provision of any collective-bargaining agreement 3 between an eligible entity and a labor organization as de4 fined by section 2(5) of the National Labor Relations Act 5 (29 U.S.C. 152(5)) or analogous State law: Provided fur6 ther, That a State’s application shall include assurances 7 that the State shall maintain the wages, benefits, and 8 other terms and conditions of employment set forth in any 9 collective-bargaining agreement between the eligible entity 10 and a labor organization, as defined in the preceding pro11 viso: Provided further, That a State’s application shall in12 clude assurances that all students with disabilities are af13 forded their full rights under IDEA, including all rights 14 and services outlined in individualized education programs 15 (‘‘IEPs’’): Provided further, That a State receiving funds 16 under this heading shall submit a report to the Secretary, 17 at such time and in such manner as the Secretary may 18 require, that describes the use of funds provided under 19 this heading: Provided further, That no recipient of funds 20 under this heading shall use funds to provide financial as21 sistance to students to attend private elementary or sec22 ondary schools, unless such funds are used to provide spe23 cial education and related services to children with disabil24 ities whose IEPs require such placement, and where the 25 school district maintains responsibility for providing such g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 96 1 children a free appropriate public education, as authorized 2 by IDEA: Provided further, That a local educational agen3 cy, State, institution of higher education, or other entity 4 that receives funds under ‘‘State Fiscal Stabilization 5 Fund’’, shall to the greatest extent practicable, continue 6 to pay its employees and contractors during the period of 7 any disruptions or closures related to coronavirus: Pro8 vided further, That the terms ‘‘elementary education’’ and 9 ‘‘secondary education’’ have the meaning given such terms 10 under State law: Provided further, That the term ‘‘institu11 tion of higher education’’ has the meaning given such term 12 in section 101 of the Higher Education Act of 1965: Pro13 vided further, That the term ‘‘fiscal year’’ shall have the 14 meaning given such term under State law: Provided fur15 ther, That the term ‘‘State’’ means each of the 50 States, 16 the District of Columbia, and the Commonwealth of Puer17 to Rico: Provided further, That such amount is designated 18 by the Congress as being for an emergency requirement 19 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg20 et and Emergency Deficit Control Act of 1985. 21 22 HIGHER EDUCATION For an additional amount for ‘‘Higher Education’’, 23 $10,150,000,000, to remain available until September 30, 24 2021, to prevent, prepare for, and respond to coronavirus, 25 of which $11,000,000 shall be transferred to ‘‘National g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 97 1 Technical Institute for the Deaf’’ to help defray expenses 2 (which may include lost revenue, reimbursement for ex3 penses already incurred, technology costs associated with 4 a transition to distance education, sign language and cap5 tioning costs associated with a transition to distance edu6 cation, faculty and staff trainings, and payroll) directly 7 caused by coronavirus and to enable emergency financial 8 aid to students for expenses directly related to coronavirus 9 and the disruption of university operations (which may in10 clude food, housing, transportation, technology, health 11 care, and child care), of which $20,000,000 shall be trans12 ferred to ‘‘Howard University’’ to help defray expenses 13 (which may include lost revenue, reimbursement for ex14 penses already incurred, technology costs associated with 15 a transition to distance education, technology costs associ16 ated with a transition to distance education, faculty and 17 staff trainings, and payroll) directly related to coronavirus 18 and to enable grants to students for expenses directly re19 lated to coronavirus and the disruption of university oper20 ations (which may include food, housing, transportation, 21 technology, health care, and child care), of which 22 $11,000,000 shall be transferred to ‘‘Gallaudet Univer23 sity’’ to help defray expenses (which may include lost rev24 enue, reimbursement for expenses already incurred, tech25 nology costs associated with a transition to distance edu- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 98 1 cation, sign language and captioning costs associated with 2 a transition to distance education, faculty and staff 3 trainings, and payroll) directly related to coronavirus and 4 to enable grants to students for expenses directly related 5 to coronavirus and the disruption of university operations 6 (which may include food, housing, transportation, tech7 nology, health care, and child care), and of which the re8 maining amounts shall be used to carry out parts A and 9 B of title III, parts A and B of title V, subpart 4 of part 10 A of title VII, and part B of title VII of the Higher Edu11 cation Act of 1965 (‘‘HEA’’) as follows: 12 (1) $1,708,000,000 for parts A and B of title 13 III, parts A and B of title V, and subpart 4 of part 14 A of title VII of the HEA to address needs directly 15 related to coronavirus: Provided, That such amount 16 shall be allocated by the Secretary proportionally to 17 such programs covered under this paragraph and 18 based on the relative share of funding appropriated 19 to such programs in the Further Consolidated Ap- 20 propriations Act, 2020 (Public Law 116–94) and 21 distributed to institutions of higher education as fol- 22 lows: 23 (A) Except as otherwise provided in sub- 24 paragraph (B), for eligible institutions under 25 part B of title III and subpart 4 of part A of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 99 1 title VII of the Higher Education Act, the Sec- 2 retary shall allot to each eligible institution an 3 amount using the following formula: 4 (i) 70 percent according to a ratio 5 equivalent to the number of Pell Grant re- 6 cipients in attendance at such institution 7 at the end of the school year preceding the 8 beginning of that fiscal year and the total 9 number of Pell Grant recipients at all such 10 institutions; 11 (ii) 20 percent according to a ratio 12 equivalent to the total number of students 13 enrolled at such institution at the end of 14 the school year preceding the beginning of 15 that fiscal year and the number of stu- 16 dents enrolled at all such institutions; and 17 (iii) 10 percent according to a ratio 18 equivalent to the total endowment size at 19 all eligible institutions at the end of the 20 school year preceding the beginning of that 21 fiscal year and the total endowment size at 22 such institutions; 23 (B) For eligible institutions under section 24 326 of the Higher Education Act, the Secretary 25 shall allot to each eligible institution an amount g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 100 1 in proportion to the award received from fund- 2 ing for such institutions in the Further Consoli- 3 dated Appropriations Act, 2020 (Public Law 4 116–94); 5 (C) For eligible institutions under section 6 316 of the Higher Education Act, the Secretary 7 shall allot funding according to the formula in 8 section 316(d)(3) of the Higher Education Act; 9 (D) Notwithstanding section 318(f) of the 10 Higher Education Act, for eligible institutions 11 under section 318 of the Higher Education Act, 12 the Secretary shall allot funding according to 13 the formula in section 318(e) of the Higher 14 Education Act; 15 (E) Except as provided in subparagraphs 16 (C) and (D), for eligible institutions under part 17 A of title III of the Higher Education Act and 18 parts A and B of title V, the Secretary shall 19 issue an application for eligible institutions to 20 demonstrate unmet need, and the Secretary 21 shall allow eligible institutions to apply for 22 funds under one of the programs for which they 23 are eligible. 24 (2) $8,400,000,000 for part B of title VII of 25 the HEA for institutions of higher education (as de- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 101 1 fined in section 101 or 102(c) of the HEA) to ad- 2 dress needs directly related to coronavirus as follows: 3 (A) $7,000,000,000 shall be provided to 4 private, non-profit institutions of higher edu- 5 cation apportioning it— 6 (i) 75 percent according to the rel- 7 ative share of enrollment of Federal Pell 8 Grant recipients who are not exclusively 9 enrolled in distance education courses prior 10 to the coronavirus emergency, and 11 (ii) 25 percent according to the rel- 12 ative share of the total equivalent enroll- 13 ment of students who were not Federal 14 Pell Grant recipients who are not exclu- 15 sively 16 courses prior to the coronavirus emer- 17 gency. 18 (B) $1,400,000,000 shall be for institu- 19 tions of higher education (as defined in section 20 101 of the Higher Education Act) with unmet 21 need related to the coronavirus, including insti- 22 tutions of higher education that offer their 23 courses and programs exclusively through dis- 24 tance education: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 enrolled in distance education (763351 3) PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 102 1 Provided, That funds shall be used to make payments to 2 such institutions to provide emergency grants to students 3 who attended such institutions at any point during the 4 coronavirus emergency and for any component of the stu5 dent’s cost of attendance (as defined under section 472 6 of the HEA), including food, housing, course materials, 7 technology, health care, and child care): Provided further, 8 That institutions of higher education may use such funds 9 to defray expenses (including lost revenue, reimbursement 10 for expenses already incurred, technology costs associated 11 with a transition to distance education, faculty and staff 12 trainings, and payroll) incurred by institutions of higher 13 education: Provided further, That such payments shall not 14 be used to increase endowments or provide funding for 15 capital outlays associated with facilities related to ath16 letics, sectarian instruction, or religious worship: Provided 17 further, That any institution of higher education that is 18 not otherwise eligible for a grant of at least $1,000,000 19 under paragraph (2)(A) of this heading and has a total 20 enrollment of at least 500 students shall be eligible to re21 ceive an amount equal to whichever is the lesser of the 22 total loss of revenue and increased costs associated with 23 the coronavirus or $1,000,000: Provided further, That 24 such amount is designated by the Congress as being for 25 an emergency g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 requirement pursuant to section (763351 3) PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 103 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 4 GENERAL PROVISIONS—DEPARTMENT OF EDUCATION SEC. 10602. Amounts made available to ‘‘Depart- 5 ment of Education—Office of Inspector General’’ in title 6 VIII of division B of Public Law 116–136 are hereby per7 manently rescinded, and an amount of additional new 8 budget authority equivalent to the amount rescinded is 9 hereby appropriated, to remain available until expended, 10 for the same purposes and under the same authorities as 11 they were originally appropriated, and shall be in addition 12 to any other funds available for such purposes: Provided, 13 That the amounts appropriated by this section may also 14 be used for investigations and are available until ex15 pended: Provided further, That such amount is designated 16 by the Congress as being for an emergency requirement 17 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg18 et and Emergency Deficit Control Act of 1985. 19 SEC. 10603. The Coronavirus Aid, Relief, and Eco- 20 nomic Security Act (P.L. 116–136) is amended by striking 21 section 18001(a)(3): Provided, That amounts repurposed 22 by this section that were previously designated by the Con23 gress as an emergency requirement pursuant to the Bal24 anced Budget and Emergency Deficit Control Act of 1985 25 are designated by the Congress as an emergency require- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 104 1 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 2 Budget and Emergency Deficit Control Act of 1985. 3 SEC. 10604. Section 18005(a) of the Coronavirus 4 Aid, Relief, and Economic Security Act (P.L. 116–136) 5 is amended by inserting ‘‘with these funds only for chil6 dren identified under section 1115(c) of the ESEA in the 7 school district served by a local educational agency who 8 are enrolled in private elementary schools and secondary 9 schools’’ after ‘‘equitable services’’: Provided, That 10 amounts repurposed by this section that were previously 11 designated by the Congress as an emergency requirement 12 pursuant to the Balanced Budget and Emergency Deficit 13 Control Act of 1985 are designated by the Congress as 14 an emergency requirement pursuant to section 15 251(b)(2)(A)(i) of the Balanced Budget and Emergency 16 Deficit Control Act of 1985. 17 SEC. 10605. Section 18004(c) of the Coronavirus 18 Aid, Relief, and Economic Security Act (P.L. 116–136) 19 is amended by striking ‘‘to cover any costs associated with 20 significant changes to the delivery of instruction due to 21 the coronavirus’’ and inserting ‘‘to defray expenses (in22 cluding lost revenue, reimbursement for expenses already 23 incurred, technology costs associated with a transition to 24 distance education, faculty and staff trainings, payroll) in25 curred by institutions of higher education.’’: Provided, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 105 1 That amounts repurposed by this section that were pre2 viously designated by the Congress as an emergency re3 quirement pursuant to the Balanced Budget and Emer4 gency Deficit Control Act of 1985 are designated by the 5 Congress as an emergency requirement pursuant to sec6 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer7 gency Deficit Control Act of 1985. 8 SEC. 10606. With respect to the allocation and award 9 of funds under this title, the Secretary of Education is 10 prohibited from— 11 (a) establishing a priority or preference not specified 12 in this title; and 13 (b) imposing limits on the use of such funds not spec- 14 ified in this title. 15 RELATED AGENCIES 16 CORPORATION FOR NATIONAL AND COMMUNITY 17 SERVICE 18 ADMINISTRATIVE PROVISIONS—CORPORATION FOR 19 NATIONAL AND COMMUNITY SERVICE 20 SEC. 10607. (a) The remaining unobligated balances 21 of funds as of September 30, 2020, from amounts pro22 vided to ‘‘Corporation for National and Community Serv23 ice—Salaries and Expenses’’ in title IV of division A of 24 the Further Consolidated Appropriations Act, 2020 (Pub25 lic Law 116–94), are hereby permanently rescinded, and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 106 1 an amount of additional new budget authority equal to 2 the unobligated balances rescinded is hereby appropriated 3 on September 30, 2020, to remain available until Sep4 tember 30, 2021, for the same purposes and under the 5 same authorities that they were originally made available 6 in Public Law 116–94, which shall be in addition to any 7 other funds available for such purposes: Provided, That 8 such amount is designated by the Congress as being for 9 an emergency requirement pursuant to section 10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985. 12 (b) The remaining unobligated balances of funds as 13 of September 30, 2020, from amounts provided to ‘‘Cor14 poration for National and Community Service—Operating 15 Expenses’’ in title IV of division A of the Further Consoli16 dated Appropriations Act, 2020 (Public Law 116–94), are 17 hereby permanently rescinded, and an amount of addi18 tional new budget authority equal to the unobligated bal19 ances rescinded is hereby appropriated on September 30, 20 2020, to remain available until September 30, 2021, for 21 the same purposes and under the same authorities that 22 they were originally made available in Public Law 116– 23 94, which shall be in addition to any other funds available 24 for such purposes: Provided, That any amounts appro25 priated by the preceding proviso shall not be subject to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 107 1 the allotment requirements otherwise applicable under sec2 tions 129(a), (b), (d), and (e) of the National and Commu3 nity Service Act of 1993: Provided further, That such 4 amount is designated by the Congress as being for an 5 emergency requirement pursuant to section 6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 7 Deficit Control Act of 1985. 8 (c) The remaining unobligated balances of funds as 9 of September 30, 2020, from amounts provided to ‘‘Cor10 poration for National and Community Service—Office of 11 Inspector General’’ in title IV of division A of the Further 12 Consolidated Appropriations Act, 2020 (Public Law 116– 13 94), are hereby permanently rescinded, and an amount of 14 additional new budget authority equal to the amount re15 scinded is hereby appropriated on September 30, 2020, 16 to remain available until September 30, 2021, for the 17 same purposes and under the same authorities that they 18 were originally made available in Public Law 116–94, 19 which shall be in addition to any other funds available for 20 such purposes: Provided, That such amount is designated 21 by the Congress as being for an emergency requirement 22 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg23 et and Emergency Deficit Control Act of 1985. 24 (d)(1) Section 3514(b) of title III of division A of 25 Public Law 116–136 is hereby repealed, and shall be ap- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 108 1 plied hereafter as if such subsection had never been en2 acted. 3 (2)(A) IN budgetary effects of 4 this subsection are designated as an emergency re- 5 quirement pursuant to section 4(g) of the Statutory 6 Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). 7 (B) DESIGNATION IN THE SENATE.—In the 8 Senate, this subsection is designated as an emer- 9 gency requirement pursuant to section 4112(a) of H. 10 Con. Res. 71 (115th Congress), the concurrent reso- 11 lution on the budget for fiscal year 2018. 12 (C) CLASSIFICATION OF BUDGETARY EF- 13 FECTS.—Notwithstanding 14 Scorekeeping Guidelines set forth in the joint ex- 15 planatory statement of the committee of conference 16 accompanying Conference Report 105–217 and sec- 17 tion 250(c)(7) and (c)(8) of the Balanced Budget 18 and Emergency Deficit Control Act of 1985, the 19 budgetary effects of this subsection— 20 Rule 3 of the Budget (i) shall not be estimated for purposes of 21 section 251 of such Act; and 22 (ii) shall be entered on the PAYGO score- 23 cards maintained pursuant to section 4(d) of 24 the Statutory Pay As-You-Go Act of 2010. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 109 1 INSTITUTE OF MUSEUM AND LIBRARY SCIENCES 2 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS 3 AND ADMINISTRATION 4 For an additional amount for ‘‘Institute of Museum 5 and Library Services’’, $5,000,000, to remain available 6 until September 30, 2021, to prevent, prepare for, and re7 spond to coronavirus, including grants to States, terri8 tories, tribes, museums, and libraries, to expand digital 9 network access, purchase internet accessible devices, pro10 vide technical support services, and for operational ex11 penses: Provided, That any matching funds requirements 12 for States, tribes, libraries, and museums are waived for 13 grants provided with funds made available under this 14 heading in this Act: Provided further, That such amount 15 is designated by the Congress as being for an emergency 16 requirement pursuant to section 251(b)(2)(A)(i) of the 17 Balanced Budget and Emergency Deficit Control Act of 18 1985. 19 RAILROAD RETIREMENT BOARD 20 LIMITATION ON ADMINISTRATION 21 For an additional amount for ‘‘Limitation on Admin- 22 istration’’, $4,500,000, to remain available until Sep23 tember 30, 2021, to prevent, prepare for, and respond to 24 coronavirus, including the expeditious dispensation of rail25 road unemployment insurance benefits, and to support g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 110 1 full-time equivalents and overtime hours as needed to ad2 minister the Railroad Unemployment Insurance Act: Pro3 vided, That such amount is designated by the Congress 4 as being for an emergency requirement pursuant to sec5 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer6 gency Deficit Control Act of 1985. 7 8 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Office of the Inspector 9 General’’, $500,000, to remain available until expended, 10 to prevent, prepare for, and respond to coronavirus, in11 cluding salaries and expenses necessary for oversight, in12 vestigations and audits of the Railroad Retirement Board 13 and railroad unemployment insurance benefits funded in 14 this Act and Public Law 116–136: Provided, That such 15 amount is designated by the Congress as being for an 16 emergency requirement pursuant to section 17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 20 GENERAL PROVISIONS—THIS TITLE SEC. 10608. Notwithstanding any other provision of 21 law, funds made available under each heading in this title 22 shall only be used for the purposes specifically described 23 under that heading. 24 SEC. 10609. Funds appropriated by this title may be 25 used by the Secretary of the Health and Human Services g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 111 1 to appoint, without regard to the provisions of sections 2 3309 through 3319 of title 5 of the United States Code, 3 candidates needed for positions to perform critical work 4 relating to coronavirus for which— 5 (1) public notice has been given; and 6 (2) the Secretary has determined that such a 7 public health threat exists. 8 SEC. 10610. Funds made available by this title may 9 be used to enter into contracts with individuals for the 10 provision of personal services (as described in section 104 11 of part 37 of title 48, Code of Federal Regulations (48 12 CFR 37.104)) to support the prevention of, preparation 13 for, or response to coronavirus, domestically and inter14 nationally, subject to prior notification to the Committees 15 on Appropriations of the House of Representatives and the 16 Senate: Provided, That such individuals may not be 17 deemed employees of the United States for the purpose 18 of any law administered by the Office of Personnel Man19 agement: Provided further, That the authority made avail20 able pursuant to this section shall expire on September 21 30, 2024. 22 SEC. 10611. Not later than 30 days after the date 23 of enactment of this Act, the Secretary of Health and 24 Human Services shall provide a detailed spend plan of an25 ticipated uses of funds made available to the Department g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 112 1 of Health and Human Services in this Act, including esti2 mated personnel and administrative costs, to the Commit3 tees on Appropriations of the House of Representatives 4 and the Senate: Provided, That such plans shall be up5 dated and submitted to such Committees every 60 days 6 until September 30, 2024: Provided further, That the 7 spend plans shall be accompanied by a listing of each con8 tract obligation incurred that exceeds $5,000,000 which 9 has not previously been reported, including the amount of 10 each such obligation. 11 SEC. 10612. No later than September 30, 2020, the 12 remaining unobligated balances of funds made available 13 through September 30, 2020, under the heading ‘‘Na14 tional Institutes of Health’’ in the Further Consolidated 15 Appropriations Act, 2020 (Public Law 116–94) are hereby 16 permanently rescinded, and an amount of additional new 17 budget authority equivalent to the amount rescinded from 18 each account is hereby appropriated to that account, to 19 remain available until September 30, 2021, and shall be 20 available for the same purposes, in addition to other funds 21 as may be available for such purposes, and under the same 22 authorities for which the funds were originally provided 23 in Public Law 116–94: Provided, That such amount is 24 designated by the Congress as being for an emergency re- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 113 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 3 SEC. 10613. Funds made available in Public Law 4 113–235 to the accounts of the National Institutes of 5 Health that were available for obligation through fiscal 6 year 2015 and were obligated for multi-year research 7 grants shall be available through fiscal year 2021 for the 8 liquidation of valid obligations if the Director of the Na9 tional Insitutes of Health determines the project suffered 10 an interruption of activities attributable to SARS–CoV– 11 2: Provided, That such amount is designated by the Con12 gress as being for an emergency requirement pursuant to 13 section 251(b)(2)(A)(i) of the Balanced Budget and 14 Emergency Deficit Control Act of 1985. 15 SEC. 10614. Of the funds appropriated by this title 16 under the heading ‘‘Public Health and Social Services 17 Emergency Fund’’, $75,000,000 shall be transferred to, 18 and merged with, funds made available under the heading 19 ‘‘Office of the Secretary, Office of Inspector General’’, and 20 shall remain available until expended, for oversight of ac21 tivities supported with funds appropriated to the Depart22 ment of Health and Human Services in this Act: Provided, 23 That the Inspector General of the Department of Health 24 and Human Services shall consult with the Committees 25 on Appropriations of the House of Representatives and the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 114 1 Senate prior to obligating such funds: Provided further, 2 That the transfer authority provided by this section is in 3 addition to any other transfer authority provided by law. 4 TITLE VII—LEGISLATIVE BRANCH 5 HOUSE OF REPRESENTATIVES 6 For an additional amount for the ‘‘House of Rep- 7 resentatives’’, $5,000,000, to remain available until Sep8 tember 30, 2021, for necessary expenses to prevent, pre9 pare for, and respond to coronavirus: Provided, That the 10 amounts made available under this heading in this Act 11 shall be allocated in accordance with a spend plan sub12 mitted to the Committee on Appropriations of the House 13 of Representatives by the Chief Administrative Officer and 14 approved by such Committee: Provided further, That such 15 amount is designated by the Congress as being for an 16 emergency requirement pursuant to section 17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 GOVERNMENT ACCOUNTABILITY OFFICE 20 SALARIES AND EXPENSES 21 For an additional amount for ‘‘Salaries and Ex- 22 penses’’, $30,000,000, to remain available until expended, 23 for audits and investigations relating to COVID–19 or 24 similar pandemics, as well as any related stimulus funding 25 to assist the Nation’s response to health and economic g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 115 1 vulnerabilities to pandemics: Provided, That, not later 2 than 90 days after the date of enactment of this Act, the 3 Government Accountability Office shall submit to the 4 Committees on Appropriations of the House of Represent5 atives and the Senate a spend plan specifying funding esti6 mates and a timeline for such audits and investigations: 7 Provided further, That such amount is designated by the 8 Congress as being for an emergency requirement pursuant 9 to section 251(b)(2)(A)(i) of the Balanced Budget and 10 Emergency Deficit Control Act of 1985. 11 TITLE VIII—DEPARTMENT OF STATE, FOREIGN 12 OPERATIONS, AND RELATED PROGRAMS 13 DEPARTMENT OF STATE 14 ADMINISTRATION 15 16 OF FOREIGN AFFAIRS OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector 17 General’’, $2,000,000, to remain available until September 18 30, 2022, for oversight of funds administered by the De19 partment of State and made available to prevent, prepare 20 for, and respond to coronavirus by this title and by prior 21 acts: Provided, That such amount is designated by the 22 Congress as being for an emergency requirement pursuant 23 to section 251(b)(2)(A)(i) of the Balanced Budget and 24 Emergency Deficit Control Act of 1985. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 116 1 GENERAL PROVISIONS — THIS TITLE 2 (INCLUDING TRANSFER OF FUNDS) 3 SEC. 10801. Section 21005 of the Emergency Appro- 4 priations for Coronavirus Health Response and Agency 5 Operations (division B of Public Law 116–136) is amend6 ed by inserting at the end before the period ‘‘and is further 7 amended by striking ‘$5,563,619’ in the second proviso 8 under the heading ‘Repatriation Loans Program Account’ 9 and inserting in lieu thereof ‘$15,563,619’ ’’. 10 SEC. 10802. Section 21009 of the Emergency Appro- 11 priations for Coronavirus Health Response and Agency 12 Operations (division B of Public Law 116–136) is amend13 ed by striking ‘‘fiscal year 2020’’ and inserting in lieu 14 thereof ‘‘fiscal years 2020 and 2021’’: Provided, That the 15 amount provided by this section is designated by the Con16 gress as being for an emergency requirement pursuant to 17 section 251(b)(2)(A)(i) of the Balanced Budget and 18 Emergency Deficit Control Act of 1985. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 117 1 TITLE IX 2 TRANSPORTATION, HOUSING AND URBAN 3 DEVELOPMENT, AND RELATED AGENCIES 4 DEPARTMENT OF TRANSPORTATION 5 FEDERAL AVIATION ADMINISTRATION 6 OPERATIONS 7 For an additional amount for ‘‘Operations’’, 8 $75,000,000, to remain available until September 30, 9 2022, to prevent, prepare for, and respond to coronavirus: 10 Provided, That amounts made available under this head11 ing in this Act shall be derived from the general fund, 12 of which not less than $1,000,000 shall be for the Admin13 istrator to seek to enter into an agreement not later than 14 45 days after the date of enactment of this Act with a 15 research organization established under chapter 1503 of 16 title 36, United States Code, to conduct a study to deter17 mine whether the environmental controls systems in com18 mercial airliners recirculate pathogens in the cabin air and 19 to assess existing and potential technological solutions to 20 reduce pathogen recirculation and to mitigate any elevated 21 risk of exposure to pathogens in the cabin air: Provided 22 further That such amount is designated by the Congress 23 as being for an emergency requirement pursuant to sec24 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer25 gency Deficit Control Act of 1985. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 118 1 FEDERAL HIGHWAY ADMINISTRATION 2 HIGHWAY INFRASTRUCTURE PROGRAMS 3 For an additional amount for ‘‘Highway Infrastruc- 4 ture Programs’’, $15,000,000,000, to remain available 5 until expended: Provided, That the funds made available 6 under this heading shall be derived from the general fund, 7 shall be in addition to any funds provided for fiscal year 8 2020 in this or any other Act for ‘‘Federal-aid Highways’’ 9 under chapters 1 or 2 of title 23, United States Code, 10 and shall not affect the distribution or amount of funds 11 provided in any other Act: Provided further, That notwith12 standing chapter 1 of title 23, United States Code, or any 13 other provision of law, a State, territory, Puerto Rico, or 14 Indian Tribe may use funds made available under this 15 heading in this Act for activities eligible under section 16 133(b) of title 23, United States Code, for administrative 17 and operations expenses, including salaries of employees 18 (including those employees who have been placed on ad19 ministrative leave) or contractors, information technology 20 needs, and availability payments: Provided further, That 21 of the funds made available under this heading, 22 $14,775,000,000 shall be available for States, 23 $150,000,000 shall be available for the Tribal Transpor24 tation Program, as described in section 202 of title 23, 25 United States Code, $60,000,000 shall be available for the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 119 1 Puerto Rico Highway Program, as described in section 2 165(b)(2)(C)(iii) of such title; and $15,000,000 shall be 3 available for under the Territorial Highway Program, as 4 described in section 165(c)(6) of such title: Provided fur5 ther, That for the purposes of funds made available under 6 this heading the term ‘‘State’’ means any of the 50 States 7 or the District of Columbia: Provided further, That the 8 funds made available under this heading for States shall 9 be apportioned to States in the same ratio as the obliga10 tion limitation for fiscal year 2020 was distributed among 11 the States in accordance with the formula specified in sec12 tion 120(a)(5) of division H of Public Law 116–94 and 13 shall be apportioned not later than 30 days after the date 14 of enactment of this Act: Provided further, That the funds 15 made available under this heading shall be administered 16 as if apportioned under chapter 1 of title 23, United 17 States Code, except that activities eligible under the Tribal 18 Transportation Program shall be administered as if allo19 cated under chapter 2 of title 23, United States Code: Pro20 vided further, That funds apportioned to a State under 21 this heading shall be suballocated within the State to areas 22 described in subsection 133(d)(1)(A)(i) of title 23, United 23 States Code, in the same ratio that funds suballocated to 24 those areas for fiscal year 2020 bears to the total amount 25 of funds apportioned to the State for the Federal-aid high- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 120 1 way program under section 104 of such title for fiscal year 2 2020: Provided further, That of funds made available 3 under this heading for activities eligible under section 4 133(b) of title 23, United States Code, any such activity 5 shall be subject to the requirements of section 133(i) of 6 such title: Provided further, That, except as provided in 7 the following proviso, the funds made available under this 8 heading for activities eligible under the Puerto Rico High9 way Program and activities eligible under the Territorial 10 Highway Program shall be administered as if allocated 11 under sections 165(b) and 165(c), respectively, of such 12 title: Provided further, That the funds made available 13 under this heading for activities eligible under the Puerto 14 Rico Highway Program shall not be subject to the require15 ments of sections 165(b)(2)(A) or 165(b)(2)(B) of such 16 title: Provided further, That for amounts subject to the 17 obligation limitation under the heading ‘‘Department of 18 Transportation—Federal Highway Administration—Fed19 eral-aid Highways—(Limitation on Obligations)—(High20 way Trust Fund)’’ in Public Law 116–94 for fiscal year 21 2020 that are obligated after the date of enactment of this 22 Act, and for any amounts made available under this head23 ing in this Act, the Federal share of the costs shall be, 24 at the option of the State, District of Columbia, territory, 25 Puerto Rico, or Indian Tribe, up to 100 percent, and may g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 121 1 be available for administrative and operations expenses, 2 including salaries of employees (including those employees 3 who have been placed on administrative leave) or contrac4 tors, information technology needs, and availability pay5 ments: Provided further, That section 120(c) of Public 6 Law 116–94 shall not apply for fiscal year 2020, and that 7 amounts that would otherwise have been redistributed by 8 section 120(c) shall be retained by States and shall be 9 available for their original purpose until September 30, 10 2021, except that such amounts shall be subject to such 11 redistribution in fiscal year 2021: Provided further, That 12 amounts made available under section 147 of title 23, 13 United States Code, for fiscal years 2019 and 2020 are 14 available for the administrative and operating expenses of 15 eligible entities related to the response to a coronavirus 16 public health emergency beginning on January 20, 2020, 17 reimbursement for administrative and operating costs to 18 maintain service including the purchase of personal pro19 tective equipment, and paying the administrative leave of 20 operations personnel due to reductions in service: Provided 21 further, That funds made available for administrative and 22 operating expenses authorized for fiscal year 2020 in Pub23 lic Law 116–94 or in this Act under this heading are not 24 required to be included in a transportation improvement 25 program or a statewide transportation improvement pro- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 122 1 gram under sections 134 or 135 of title 23, United States 2 Code, or chapter 53 of title 49, United States Code, as 3 applicable: Provided further, That unless otherwise speci4 fied, applicable requirements under title 23, United States 5 Code, shall apply to funds made available under this head6 ing: Provided further, That the Administrator of the Fed7 eral Highway Administration may retain up to one half 8 of one percent of the funds made available under this 9 heading to fund the oversight by the Administrator of ac10 tivities carried out with funds made available under this 11 heading: Provided further, That such amount is designated 12 by the Congress as being for an emergency requirement 13 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg14 et and Emergency Deficit Control Act of 1985. 15 FEDERAL TRANSIT ADMINISTRATION 16 PUBLIC TRANSPORTATION EMERGENCY RELIEF 17 For an additional amount for ‘‘Public Transportation 18 Emergency Relief’’, $15,750,000,000, to remain available 19 until expended, to prevent, prepare for, and respond to 20 coronavirus: Provided, That of the amounts appropriated 21 under this heading in this Act— 22 (1) $11,750,000,000 shall be for grants to ur- 23 banized areas with populations over 3,000,000 and 24 shall be allocated in the same ratio as funds were 25 provided in fiscal year 2020: Provided, That 15 per- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 123 1 cent of the amounts provided in this paragraph shall 2 be allocated as if such funds were provided under 3 section 5307 of title 49, United States Code and ap- 4 portioned in accordance with section 5338 of such 5 title (other than subsection (b)(3) and (c)(1)(A)) 6 and 85 percent of the amounts provided in this 7 paragraph shall be allocated under section 5337 of 8 such title and apportioned in accordance with such 9 section: Provided further, That funds provided under 10 section 5337 shall be added to funds apportioned 11 under section 5307 for administration in accordance 12 with provisions under section 5307: Provided further, 13 That for urbanized areas with multiple subrecipi- 14 ents, funds provided under section 5337 in this 15 paragraph shall be distributed among subrecipients 16 using the same ratio used to distribute funds made 17 available for section 5337 in fiscal year 2020; and 18 (2) $4,000,000,000 shall be for grants to tran- 19 sit agencies that, as a result of coronavirus, require 20 significant additional assistance to maintain basic 21 transit services: Provided, That such funds shall be 22 administered as if they were provided under section 23 5324 of title 49, United States Code: Provided fur- 24 ther, That any recipient or subrecipient of funds 25 under chapter 53 of title 49, United States Code, or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 124 1 an intercity bus service provider that has, between 2 October 1, 2018 and January 20, 2020, partnered 3 with a recipient or subrecipient in order to meet the 4 requirements of section 5311(f) of such title shall be 5 eligible to directly apply for funds under this para- 6 graph: Provided further, That entities that are not 7 recipients or subrecipients of funds under chapter 53 8 of title 49 but are eligible for grants under this 9 heading in this Act shall be eligible to receive not 10 more than 18.75 percent of the total funds provided 11 under this paragraph: Provided further, That such 12 entities shall use assistance provided under this 13 heading only for workforce retention or, the recall or 14 rehire of any laid off, furloughed, or terminated em- 15 ployee, associated with the provision of bus service: 16 Provided further, That, the Secretary shall issue a 17 Notice of Funding Opportunity not later than 30 18 days after the date of enactment of this Act and 19 that such Notice of Funding Opportunity shall re- 20 quire application submissions not later than 45 days 21 after the enactment of this Act: Provided further, 22 That the Secretary shall make awards not later than 23 45 days after the application deadline: Provided fur- 24 ther, That the Secretary shall require grantees to 25 provide estimates of financial need, data on reduced g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 125 1 ridership, and a spending plan for funds: Provided 2 further, That when evaluating applications for assist- 3 ance, the Secretary shall give priority to transit 4 agencies with the largest revenue loss as a percent- 5 age of their operating expenses: Provided further, 6 That if applications for assistance do not exceed 7 available funds, the Secretary shall reserve the re- 8 maining amounts for grantees to prevent, prepare 9 for, and respond to coronavirus and shall accept ap- 10 plications on a rolling basis: Provided further, That 11 if amounts made available under this heading in this 12 Act remain unobligated on December 31, 2021, such 13 amounts shall be available for any purpose eligible 14 under section 5324 of title 49, United States Code: 15 Provided further, That the provision of funds under this 16 section shall not affect the ability of any other agency of 17 the Government, including the Federal Emergency Man18 agement Agency, or State agency, a local governmental 19 entity, organization, or person, to provide any other funds 20 otherwise authorized by law: Provided further, That not21 withstanding subsection (a)(1) or (b) of section 5307 of 22 title 49, United States Code, subsection (a)(1) of section 23 5324 of such title, or any provision of chapter 53 of title 24 49, funds provided under this heading in this Act are 25 available for the operating expenses of transit agencies re- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 126 1 lated to the response to a coronavirus public health emer2 gency, including, beginning on January 20, 2020, reim3 bursement for operating costs to maintain service and lost 4 revenue due to the coronavirus public health emergency, 5 including the purchase of personal protective equipment, 6 and paying the administrative leave of operations or con7 tractor personnel due to reductions in service: Provided 8 further, That to the maximum extent possible, funds made 9 available under this heading in this Act and in title XII 10 of division B of the CARES Act (Public Law 116-136) 11 shall be directed to payroll and public transit service, un12 less the recipient certifies to the Secretary they have not 13 furloughed any employees: Provided further, That such op14 erating expenses are not required to be included in a 15 transportation improvement program, long-range trans16 portation plan, statewide transportation plan, or a state17 wide transportation improvement program: Provided fur18 ther, That the Secretary shall not waive the requirements 19 of section 5333 of title 49, United States Code, for funds 20 appropriated under this heading in this Act: Provided fur21 ther, That unless otherwise specified, applicable require22 ments under chapter 53 of title 49, United States Code, 23 shall apply to funding made available under this heading 24 in this Act, except that the Federal share of the costs for 25 which any grant is made under this heading in this Act g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 127 1 shall be, at the option of the recipient, up to 100 percent: 2 Provided further, That the amount made available under 3 this heading in this Act shall be derived from the general 4 fund and shall not be subject to any limitation on obliga5 tions for transit programs set forth in any Act: Provided 6 further, That not more than one-half of one percent of the 7 funds for transit infrastructure grants provided under this 8 heading in this Act shall be available for administrative 9 expenses and ongoing program management oversight as 10 authorized under sections 5334 and 5338(f)(2) of title 49, 11 United States Code, and shall be in addition to any other 12 appropriations for such purpose: Provided further, That 13 such amount is designated by the Congress as being for 14 an emergency requirement pursuant to section 15 251(b)(2)(A)(i) of the Balanced Budget and Emergency 16 Deficit Control Act of 1985. 17 DEPARTMENT OF HOUSING AND URBAN 18 DEVELOPMENT 19 PUBLIC AND INDIAN HOUSING 20 TENANT-BASED RENTAL ASSISTANCE 21 (INCLUDING TRANSFER OF FUNDS) 22 For an additional amount for ‘‘Tenant-Based Rental 23 Assistance’’, $4,000,000,000, to remain available until ex24 pended, and to be used under the same authority and con25 ditions as the additional appropriations for fiscal year g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 128 1 2020 under this heading in title XII of division B of the 2 CARES Act (Public Law 116–136), except that any 3 amounts provided for administrative expenses and other 4 expenses of public housing agencies for their section 8 pro5 grams, including Mainstream vouchers, under this heading 6 in the CARES Act (Public Law 116–136) and under this 7 heading in this Act shall also be available for Housing As8 sistance Payments under section 8(o) of the United States 9 Housing Act of 1937 (42 U.S.C. 1437f(o)): Provided, 10 That amounts made available under this heading in this 11 Act and under the same heading in title XII of division 12 B of the CARES Act may be used to cover or reimburse 13 allowable costs incurred to prevent, prepare for, and re14 spond to coronavirus regardless of the date on which such 15 costs were incurred: Provided further, That of the amounts 16 made available under this heading in this Act, 17 $500,000,000 shall be available for administrative ex18 penses and other expenses of public housing agencies for 19 their section 8 programs, including Mainstream vouchers: 20 Provided further, That of the amounts made available 21 under this heading in this Act, $2,500,000,000 shall be 22 available for adjustments in the calendar year 2020 sec23 tion 8 renewal funding allocations, including Mainstream 24 vouchers, for public housing agencies that experience a 25 significant increase in voucher per-unit costs due to ex- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 129 1 traordinary circumstances or that, despite taking reason2 able cost savings measures, as determined by the Sec3 retary, would otherwise be required to terminate rental as4 sistance for families as a result of insufficient funding: 5 Provided further, That of the amounts made available 6 under this heading in this Act, $1,000,000,000 shall be 7 used for incremental rental voucher assistance under sec8 tion 8(o) of the United States Housing Act of 1937 for 9 use by individuals and families who are—homeless, as de10 fined under section 103(a) of the McKinney-Vento Home11 less Assistance Act (42 U.S.C. 11302(a)); at risk of home12 lessness, as defined under section 401(1) of the McKin13 ney-Vento Homeless Assistance Act (42 U.S.C. 11360(1)); 14 or fleeing, or attempting to flee, domestic violence, dating 15 violence, sexual assault, or stalking: Provided further, That 16 the Secretary shall allocate amounts made available in the 17 preceding proviso to public housing agencies not later than 18 60 days after the date of enactment of this Act, according 19 to a formula that considers the ability of the public hous20 ing agency to use vouchers promptly and the need of geo21 graphical areas based on factors to be determined by the 22 Secretary, such as risk of transmission of coronavirus, 23 high numbers or rates of sheltered and unsheltered home24 lessness, and economic and housing market conditions: 25 Provided further, That if a public housing authority elects g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 130 1 not to administer or does not promptly issue all of its au2 thorized vouchers within a reasonable period of time, the 3 Secretary shall reallocate any unissued vouchers and asso4 ciated funds to other public housing agencies according 5 to the criteria in the preceding proviso: Provided further, 6 That a public housing agency shall not reissue any vouch7 ers under this heading in this Act for incremental rental 8 voucher assistance when assistance for the family initially 9 assisted is terminated: Provided further, That upon termi10 nation of incremental rental voucher assistance under this 11 heading in this Act for one or more families assisted by 12 a public housing agency, the Secretary shall reallocate 13 amounts that are no longer needed by such public housing 14 agency for assistance under this heading in this Act to 15 another public housing agency for the renewal of vouchers 16 previously authorized under this heading in this Act: Pro17 vided further, That amounts made available in this para18 graph are in addition to any other amounts made available 19 for such purposes: Provided further, That up to 0.5 per20 cent of the amounts made available under this heading 21 in this Act may be transferred, in aggregate, to ‘‘Depart22 ment of Housing and Urban Development, Program Of23 fices—Public and Indian Housing’’ to supplement existing 24 resources for the necessary costs of administering and 25 overseeing the obligation and expenditure of these g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 131 1 amounts, to remain available until September 30, 2024: 2 Provided further, That such amount is designated by the 3 Congress as being for an emergency requirement pursuant 4 to section 251(b)(2)(A)(i) of the Balanced Budget and 5 Emergency Deficit Control Act of 1985. 6 PUBLIC HOUSING OPERATING FUND 7 (INCLUDING TRANSFER OF FUNDS) 8 For an additional amount for ‘‘Public Housing Oper- 9 ating Fund’’, as authorized by section 9(e) of the United 10 States Housing Act of 1937 (42 U.S.C. 1437g(e)), 11 $2,000,000,000, to remain available until September 30, 12 2021, and to be used under the same authority and condi13 tions as the additional appropriations for fiscal year 2020 14 under this heading in title XII of division B of the CARES 15 Act (Public Law 116–136): Provided, That amounts made 16 available under this heading in this Act and under the 17 same heading in title XII of division B of the CARES Act 18 may be used to cover or reimburse allowable costs incurred 19 to prevent, prepare for, and respond to coronavirus re20 gardless of the date on which such costs were incurred: 21 Provided further, That up to 0.5 percent of the amounts 22 made available under this heading in this Act may be 23 transferred, in aggregate, to ‘‘Department of Housing and 24 Urban Development, Program Offices—Public and Indian 25 Housing’’ to supplement existing resources for the nec- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 132 1 essary costs of administering and overseeing the obligation 2 and expenditure of these amounts, to remain available 3 until September 30, 2024: Provided further, That such 4 amount is designated by the Congress as being for an 5 emergency requirement pursuant to section 6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 7 Deficit Control Act of 1985. 8 9 10 COMMUNITY PLANNING AND DEVELOPMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For an additional amount for ‘‘Housing Opportuni- 11 ties for Persons with AIDS’’, $15,000,000, to remain 12 available until September 30, 2021, and to be used under 13 the same authority and conditions as the additional appro14 priations for fiscal year 2020 under this heading in title 15 XII of division B of the CARES Act (Public Law 116– 16 136): Provided, That amounts provided under this heading 17 in this Act that are allocated pursuant to section 854(c)(5) 18 of the AIDS Housing Opportunity Act (42 U.S.C. 12901 19 et seq.) shall remain available until September 30, 2022: 20 Provided further, That not less than $15,000,000 of the 21 amount provided under this heading in this Act shall be 22 allocated pursuant to the formula in section 854 of such 23 Act using the same data elements as utilized pursuant to 24 that same formula in fiscal year 2020: Provided further, 25 That such amount is designated by the Congress as being g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 133 1 for an emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 COMMUNITY DEVELOPMENT FUND 5 (INCLUDING TRANSFER OF FUNDS) 6 For an additional amount for ‘‘Community Develop- 7 ment Fund’’, $5,000,000,000, to remain available until 8 September 30, 2023, and to be used under the same au9 thority and conditions as the additional appropriations for 10 fiscal year 2020 under this heading in title XII of division 11 B of the CARES Act (Public Law 116–136): Provided, 12 That such amount made available under this heading in 13 this Act shall be distributed pursuant to section 106 of 14 the Housing and Community Development Act of 1974 15 (42 U.S.C. 5306) to grantees that received allocations 16 pursuant to such formula in fiscal year 2020, and that 17 such allocations shall be made within 30 days of enact18 ment of this Act: Provided further, That in administering 19 funds under this heading, an urban county shall consider 20 needs throughout the entire urban county configuration 21 to prevent, prepare for, and respond to coronavirus: Pro22 vided further, That up to $100,000,000 of amounts made 23 available under this heading in this Act may be used to 24 make new awards or increase prior awards to existing 25 technical assistance providers: Provided further, That of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 134 1 the amounts made available under this heading in this 2 Act, up to $25,000,000 may be transferred to ‘‘Depart3 ment of Housing and Urban Development, Program Of4 fices—Community Planning and Development’’ for nec5 essary costs of administering and overseeing the obligation 6 and expenditure of amounts under this heading in this 7 Act, to remain available until September 30, 2028: Pro8 vided further, That such amount is designated by the Con9 gress as being for an emergency requirement pursuant to 10 section 251(b)(2)(A)(i) of the Balanced Budget and 11 Emergency Deficit Control Act of 1985. 12 HOMELESS ASSISTANCE GRANTS 13 (INCLUDING TRANSFER OF FUNDS) 14 For an additional amount for ‘‘Homeless Assistance 15 Grants’’, $11,500,000,000, to remain available until Sep16 tember 30, 2025, for the Emergency Solutions Grants pro17 gram as authorized under subtitle B of title IV of the 18 McKinney-Vento Homeless Assistance Act (42 U.S.C. 19 11371 et seq.), as amended, and to be used under the 20 same authority and conditions as the additional appropria21 tions for fiscal year 2020 under this heading in title XII 22 of division B of the CARES Act (Public Law 116–136): 23 Provided, That $4,000,000,000 of the amount made avail24 able under this heading in this Act shall be distributed 25 pursuant to 24 CFR 576.3 to grantees that received allo- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 135 1 cations pursuant to that same formula in fiscal year 2020, 2 and that such allocations shall be made within 30 days 3 of enactment of this Act: Provided further, That, in addi4 tion to amounts allocated in the preceding proviso, remain5 ing amounts shall be allocated directly to a State or unit 6 of general local government by the formula specified in 7 the third proviso under this heading in title XII of division 8 B of the CARES Act (Public Law 116–136): Provided fur9 ther, That not later than 90 days after the date of enact10 ment of this Act and every 60 days thereafter, the Sec11 retary shall allocate a minimum of an additional 12 $500,000,000, pursuant to the formula referred to in the 13 preceding proviso, based on the best available data: Pro14 vided further, That up to 0.5 percent of the amounts made 15 available under this heading in this Act may be trans16 ferred to ‘‘Department of Housing and Urban Develop17 ment—Program Offices—Community Planning and De18 velopment’’ for necessary costs of administering and over19 seeing the obligation and expenditure of amounts under 20 this heading in this Act, to remain available until Sep21 tember 30, 2030: Provided further, That funds made avail22 able under this heading in this Act and under this heading 23 in title XII of division B of the CARES Act (Public Law 24 116–136) may be used for eligible activities the Secretary 25 determines to be critical in order to assist survivors of do- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 136 1 mestic violence, sexual assault, dating violence, and stalk2 ing or to assist homeless youth, age 24 and under: Pro3 vided further, That amounts repurposed by this paragraph 4 that were previously designated by the Congress as an 5 emergency requirement pursuant to the Balanced Budget 6 and Emergency Deficit Control Act of 1985 are des7 ignated by the Congress as an emergency requirement 8 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg9 et and Emergency Deficit Control Act of 1985: Provided 10 further, That such amount is designated by the Congress 11 as being for an emergency requirement pursuant to sec12 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer13 gency Deficit Control Act of 1985. 14 15 EMERGENCY RENTAL ASSISTANCE For activities and assistance authorized in section 16 110201 of the ‘‘COVID–19 HERO Act’’, 17 $100,000,000,000, to remain available until expended: 18 Provided, That such amount is designated by the Congress 19 as being for an emergency requirement pursuant to sec20 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer21 gency Deficit Control Act of 1985. 22 HOUSING PROGRAMS 23 PROJECT-BASED RENTAL ASSISTANCE 24 For an additional amount for ‘‘Project-Based Rental 25 Assistance’’, $750,000,000, to remain available until ex- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 137 1 pended, and to be used under the same authority and con2 ditions as the additional appropriations for fiscal year 3 2020 under this heading in title XII of division B of the 4 CARES Act (Public Law 116–136): Provided, That such 5 amount is designated by the Congress as being for an 6 emergency requirement pursuant to section 7 251(b)(2)(A)(i) of the Balanced Budget and Emergency 8 Deficit Control Act of 1985. 9 10 HOUSING FOR THE ELDERLY For an additional amount for ‘‘Housing for the El- 11 derly’’, $500,000,000, to remain available until September 12 30, 2023, and to be used under the same authority and 13 conditions as the additional appropriations for fiscal year 14 2020 under this heading in title XII of division B of the 15 CARES Act (Public Law 116–136): Provided, That not16 withstanding the first proviso under this heading in the 17 CARES Act, $300,000,000 of the amount made available 18 under this heading in this Act shall be for one-time grants 19 for service coordinators, as authorized under section 676 20 of the Housing and Community Development Act of 1992 21 (42 U.S.C. 13632), and the continuation of existing con22 gregate service grants for residents of assisted housing 23 projects: Provided further, That such amount is designated 24 by the Congress as being for an emergency requirement g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 138 1 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg2 et and Emergency Deficit Control Act of 1985. 3 4 HOUSING FOR PERSONS WITH DISABILITIES For an additional amount for ‘‘Housing for Persons 5 with Disabilities’’, $200,000,000, to remain available until 6 September 30, 2023, and to be used under the same au7 thority and conditions as the additional appropriations for 8 fiscal year 2020 under this heading in title XII of division 9 B of the CARES Act (Public Law 116–136): Provided, 10 That such amount is designated by the Congress as being 11 for an emergency requirement pursuant to section 12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 13 Deficit Control Act of 1985. 14 15 HOUSING COUNSELING ASSISTANCE For an additional amount for ‘‘Housing Counseling 16 Assistance’’, for contracts, grants, and other assistance 17 excluding loans, as authorized under section 106 of the 18 Housing and Urban Development Act of 1968, 19 $100,000,000, to remain available until September 30, 20 2022, including up to $8,000,000 for administrative con21 tract services: Provided, That funds made available under 22 this heading in this Act shall be used for providing coun23 seling and advice to tenants and homeowners, both current 24 and prospective, with respect to property maintenance, fi25 nancial management or literacy, foreclosure and eviction g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 139 1 mitigation, and such other matters as may be appropriate 2 to assist them in improving their housing conditions, meet3 ing their financial needs, and fulfilling the responsibilities 4 of tenancy or homeownership; for program administration; 5 and for housing counselor training: Provided further, That 6 amounts made available under this heading in this Act 7 may be used to purchase equipment and technology to de8 liver services through use of the Internet or other elec9 tronic or virtual means in response to the public health 10 emergency related to the Coronavirus Disease 2019 11 (COVID–19) pandemic: Provided further, That for pur12 poses of providing such grants from amounts provided 13 under this heading, the Secretary may enter into 14 multiyear agreements, as appropriate, subject to the avail15 ability of annual appropriations: Provided further, That 16 such amount is designated by the Congress as being for 17 an emergency requirement pursuant to section 18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 19 Deficit Control Act of 1985. 20 FAIR HOUSING 21 22 AND EQUAL OPPORTUNITY FAIR HOUSING ACTIVITIES For an additional amount for ‘‘Fair Housing Activi- 23 ties’’, $14,000,000, to remain available until September 24 30, 2022, and to be used under the same authority and 25 conditions as the additional appropriations for fiscal year g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 140 1 2020 under this heading in title XII of division B of the 2 CARES Act (Public Law 116–136): Provided, That of the 3 funds made available under this heading in this Act, 4 $4,000,000 shall be for Fair Housing Organization Initia5 tive grants through the Fair Housing Initiatives Program 6 (FHIP), made available to existing grantees, which may 7 be used for fair housing activities and for technology and 8 equipment needs to deliver services through use of the 9 Internet or other electronic or virtual means in response 10 to the public health emergency related to the Coronavirus 11 Disease 2019 (COVID–19) pandemic: Provided further, 12 That of the funds made available under this heading in 13 this Act, $10,000,000 shall be for FHIP Education and 14 Outreach grants made available to previously-funded na15 tional media grantees and State and local education and 16 outreach grantees, to educate the public and the housing 17 industry about fair housing rights and responsibilities dur18 ing the COVID–19 pandemic: Provided further, That such 19 grants in the preceding proviso shall be divided evenly be20 tween the national media campaign and education and 21 outreach activities: Provided further, That such amount is 22 designated by the Congress as being for an emergency re23 quirement pursuant to section 251(b)(2)(A)(i) of the Bal24 anced Budget and Emergency Deficit Control Act of 1985. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 141 1 GENERAL PROVISIONS—THIS TITLE 2 (INCLUDING RESCISSIONS) 3 SEC. 10901. There is hereby appropriated from the 4 General Fund of the Treasury, for payment to the Airport 5 and Airway Trust Fund, an amount equal to the amount 6 authorized by section 9502(c) of title 26, United States 7 Code. 8 SEC. 10902. Amounts previously made available in 9 the Further Continuing Appropriations Act, 2013 (Public 10 Law 113–6) for the heading ‘‘Department of Housing and 11 Urban Development—Public and Indian Housing—Choice 12 Neighborhoods Initiative’’ shall remain available for ex13 penditure for the purpose of paying valid obligations in14 curred prior to the expiration of such amounts through 15 September 30, 2021. 16 SEC. 10903. The provision under the heading ‘‘Office 17 of the Inspector General—Salaries and Expenses’’ in title 18 XII of division B of the Coronavirus Aid, Relief, and Eco19 nomic Security Act (Public Law 116–136) is amended by 20 striking ‘‘with funds made available in this Act to’’ and 21 inserting ‘‘by’’: Provided, That the amounts repurposed in 22 this section that were previously designated by the Con23 gress as an emergency requirement pursuant to the Bal24 anced Budget and Emergency Deficit Control Act of 1985 25 are designated by the Congress as an emergency require- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 142 1 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 2 Budget and Emergency Deficit Control Act of 1985. 3 SEC. 10904. (a) Notwithstanding section 4 51309(a)(1)(B) of title 46, United States Code, for fiscal 5 year 2020, the Secretary of Transportation may confer the 6 degree of bachelor of science on an individual who has not 7 passed the examination for a merchant marine officer’s 8 license due to intervening efforts to prevent, prepare for, 9 and respond to coronavirus. 10 (b) The Secretary of Transportation may provide 11 such individual up to 1 year after receipt of such degree 12 to pass the examination for a merchant marine officer’s 13 license. 14 (c) Nothing in this section shall be construed to allow 15 the provision of a license under section 7101 of title 46, 16 United States Code, to an individual who has not passed 17 the required examination. 18 SEC. 10905. (a) Notwithstanding section 19 51506(a)(3) of title 46, United States Code, for fiscal year 20 2020, the Secretary of Transportation may allow a State 21 maritime academy to waive a condition for graduation for 22 an individual to pass the examination required for the 23 issuance of a license under section 7101 of title 46, United 24 States Code, due to intervening efforts to prevent, prepare 25 for, and respond to coronavirus. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 143 1 (b) The Secretary of Transportation may provide 2 such individual up to 1 year after graduation to pass such 3 examination. 4 (c) Nothing in this section shall be construed to allow 5 the provision of a license under section 7101 of title 46, 6 United States Code, to an individual who has not passed 7 the required examination. 8 SEC. 10906. Amounts made available under the head- 9 ings ‘‘Project-Based Rental Assistance,’’ ‘‘Housing for the 10 Elderly’’ and ‘‘Housing for Persons With Disabilities’’ in 11 title XII of division B of the CARES Act (Public Law 12 116–136) and under such headings in this title of this Act 13 may be used, notwithstanding any other provision of law, 14 to provide additional funds to maintain operations for 15 such housing, for providing supportive services, and for 16 taking other necessary actions to prevent, prepare for, and 17 respond to coronavirus, including to actions to self-isolate, 18 quarantine, or to provide other coronavirus infection con19 trol services as recommended by the Centers for Disease 20 Control and Prevention, including providing relocation 21 services for residents of such housing to provide lodging 22 at hotels, motels, or other locations: Provided, That the 23 amounts repurposed in this section that were previously 24 designated by the Congress as an emergency requirement 25 pursuant to the Balanced Budget and Emergency Deficit g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 144 1 Control Act of 1985 are designated by the Congress as 2 an emergency requirement pursuant to section 3 251(b)(2)(A)(i) of the Balanced Budget and Emergency 4 Deficit Control Act of 1985. 5 TITLE X 6 GENERAL PROVISIONS—THIS DIVISION 7 SEC. 11001. Not later than 30 days after the date 8 of enactment of this Act, the head of each executive agen9 cy that receives funding in any division of this Act, or that 10 received funding in the Coronavirus Preparedness and Re11 sponse Supplemental Appropriations Act, 2020 (division 12 A of Public Law 116–123), the Second Coronavirus Pre13 paredness and Response Supplemental Appropriations 14 Act, 2020 (division A of Public Law 116–127), the 15 CARES Act (Public Law 116–136), or the Paycheck Pro16 tection Program and Health Care Enhancement Act (Pub17 lic Law 116–139) shall provide a report detailing the an18 ticipated uses of all such funding to the Committees on 19 Appropriations of the House of Representatives and the 20 Senate: Provided, That each report shall include estimated 21 personnel and administrative costs, as well as the total 22 amount of funding apportioned, allotted, obligated, and 23 expended, to date: Provided further, That each such report 24 shall be updated and submitted to such Committees every 25 60 days until all funds are expended or expire: Provided g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 145 1 further, That reports submitted pursuant to this section 2 shall satisfy the requirements of section 1701 of division 3 A of Public Law 116–127. 4 SEC. 11002. Each amount appropriated or made 5 available by this Act is in addition to amounts otherwise 6 appropriated for the fiscal year involved. 7 SEC. 11003. No part of any appropriation contained 8 in this Act shall remain available for obligation beyond 9 the current fiscal year unless expressly so provided herein. 10 SEC. 11004. Unless otherwise provided for by this 11 Act, the additional amounts appropriated by this Act to 12 appropriations accounts shall be available under the au13 thorities and conditions applicable to such appropriations 14 accounts for fiscal year 2020. 15 SEC. 11005. Each amount designated in this Act by 16 the Congress as being for an emergency requirement pur17 suant to section 251(b)(2)(A)(i) of the Balanced Budget 18 and Emergency Deficit Control Act of 1985 shall be avail19 able (or rescinded or transferred, if applicable) only if the 20 President subsequently so designates all such amounts 21 and transmits such designations to the Congress. 22 SEC. 11006. Any amount appropriated by this Act, 23 designated by the Congress as an emergency requirement 24 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg25 et and Emergency Deficit Control Act of 1985 and subse- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 146 1 quently so designated by the President, and transferred 2 pursuant to transfer authorities provided by this Act shall 3 retain such designation. 4 SEC. 11007. (a) Any contract or agreement entered 5 into by an agency with a State or local government or any 6 other non-Federal entity for the purposes of providing cov7 ered assistance, including any information and documents 8 related to the performance of and compliance with such 9 contract or agreement, shall be— 10 (1) deemed an agency record for purposes of 11 section 552(f)(2) of title 5, United States Code; and 12 (2) subject to section 552 of title 5, United 13 States Code (commonly known as the ‘‘Freedom of 14 Information Act’’). 15 (b) In this section— 16 (1) the term ‘‘agency’’ has the meaning given 17 the term in section 551 of title 5, United States 18 Code; and 19 (2) the term ‘‘covered assistance’’— 20 (A) means any assistance provided by an 21 agency in accordance with an Act or amend- 22 ments made by an Act to provide aid, assist- 23 ance, or funding related to the outbreak of 24 COVID–19 that is enacted before, on, or after 25 the date of enactment of this Act; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 147 1 (B) includes any such assistance made 2 available by an agency under— 3 (i) this Act; 4 (ii) the Paycheck Protection Program 5 and Health Care Enhancement Act (Public 6 Law 116–139), or an amendment made by 7 that Act; 8 (iii) the CARES Act (Public Law 9 116–136), or an amendment made by that 10 Act; 11 (iv) the Families First Coronavirus 12 Response Act (Public Law 116–127), or an 13 amendment made by that Act; or 14 (v) the Coronavirus Preparedness and 15 Response 16 Act, 2020 (Public Law 116–123), or an 17 amendment made by that Act. 18 Supplemental Appropriations SEC. 11008. (a) Notwithstanding any other provision 19 of law and in a manner consistent with other provisions 20 in any division of this Act, all laborers and mechanics em21 ployed by contractors and subcontractors on projects fund22 ed directly by or assisted in whole or in part by and 23 through the Federal Government pursuant to any division 24 of this Act shall be paid wages at rates not less than those 25 prevailing on projects of a character similar in the locality g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 148 1 as determined by the Secretary of Labor in accordance 2 with subchapter IV of chapter 31 of title 40, United States 3 Code. With respect to the labor standards specified in this 4 section, the Secretary of Labor shall have the authority 5 and functions set forth in Reorganization Plan Numbered 6 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 7 3145 of title 40, United States Code. 8 (b) The amounts provided by this section are des- 9 ignated by the Congress as being for an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 12 13 BUDGETARY EFFECTS SEC. 11009. (a) STATUTORY PAYGO EMERGENCY 14 DESIGNATION.—The amounts provided under division B 15 and each succeeding division are designated as an emer16 gency requirement pursuant to section 4(g) of the Statu17 tory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). 18 (b) SENATE PAYGO EMERGENCY DESIGNATION.— 19 In the Senate, division B and each succeeding division are 20 designated as an emergency requirement pursuant to sec21 tion 4112(a) of H. Con. Res. 71 (115th Congress), the 22 concurrent resolution on the budget for fiscal year 2018. 23 (c) CLASSIFICATION OF BUDGETARY EFFECTS.— 24 Notwithstanding Rule 3 of the Budget Scorekeeping 25 Guidelines set forth in the joint explanatory statement of 26 the committee of conference accompanying Conference Reg:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 149 1 port 105–217 and section 250(c)(8) of the Balanced 2 Budget and Emergency Deficit Control Act of 1985, the 3 budgetary effects of division B and each succeeding divi4 sion— 5 (1) shall not be estimated for purposes of sec- 6 tion 251 of such Act; and 7 (2) shall be entered on the PAYGO scorecards 8 maintained pursuant to section 4(d) of the Statutory 9 Pay-As-You-Go Act of 2010. 10 11 (d) ENSURING NO WITHIN-SESSION SEQUESTRATION.—Solely for the purpose of calculating a breach with- 12 in a category for fiscal year 2020 pursuant to section 13 251(a)(6) or section 254(g) of the Balanced Budget and 14 Emergency Deficit Control Act of 1985, and notwith15 standing any other provision of this division, the budg16 etary effects from this division shall be counted as 17 amounts designated as being for an emergency require18 ment pursuant to section 251(b)(2)(A) of such Act. 19 20 This division may be cited as the ‘‘Coronavirus Re- 21 covery Supplemental Appropriations Act, 2020’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 150 DIVISION B—REVENUE PROVISIONS 1 2 SEC. 20001. SHORT TITLE. 3 This division may be cited as the ‘‘COVID–19 Tax 4 Relief Act of 2020’’. 5 TITLE I—ECONOMIC STIMULUS 6 Subtitle A—2020 Recovery Rebate Improvements 7 SEC. 20101. DEPENDENTS TAKEN INTO ACCOUNT IN DETER- 8 9 MINING CREDIT AND REBATES. (a) IN GENERAL.—Section 6428(a)(2) of the Internal 10 Revenue Code of 1986 is amended by striking ‘‘qualifying 11 children (within the meaning of section 24(c))’’ and insert12 ing ‘‘dependents (as defined in section 152)’’. 13 (b) CONFORMING AMENDMENTS.— 14 (1) Section 6428(g) of such Code is amended 15 by striking ‘‘qualifying child’’ each place it appears 16 and inserting ‘‘dependent’’. 17 (2) Section 6428(g)(2)(B) of such Code is 18 amended by striking ‘‘such child’’ and inserting 19 ‘‘such dependent’’. 20 (c) EFFECTIVE DATE.—The amendments made by 21 this section shall take effect as if included in section 2201 22 of the CARES Act. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 151 1 SEC. 20102. INDIVIDUALS PROVIDING TAXPAYER IDENTI- 2 FICATION NUMBERS TAKEN INTO ACCOUNT 3 IN DETERMINING CREDIT AND REBATES. 4 (a) IN GENERAL.—Section 6428(g) of the Internal 5 Revenue Code of 1986, as amended by section 20101 of 6 this Act, is amended to read as follows: 7 ‘‘(g) IDENTIFICATION NUMBER REQUIREMENT.— 8 ‘‘(1) IN $1,200 amount in sub- 9 section (a)(1) shall be treated as being zero unless 10 the taxpayer includes the TIN of the taxpayer on 11 the return of tax for the taxable year. 12 ‘‘(2) JOINT RETURNS.—In the case of a joint 13 return, the $2,400 amount in subsection (a)(1) shall 14 be treated as being— 15 ‘‘(A) zero if the TIN of neither spouse is 16 included on the return of tax for the taxable 17 year, and 18 ‘‘(B) $1,200 if the TIN of only one spouse 19 is so included. 20 ‘‘(3) DEPENDENTS.—A dependent shall not be 21 taken into account under subsection (a)(2) unless 22 the TIN of such dependent is included on the return 23 of tax for the taxable year. 24 ‘‘(4) COORDINATION WITH CERTAIN ADVANCE 25 PAYMENTS.—In 26 suant to subsection (f)(5)(B), a TIN shall be treated g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 the case of any payment made pur- (763351 3) PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 152 1 for purposes of this subsection as included on the 2 taxpayer’s return of tax if such TIN is provided pur- 3 suant to such subsection. 4 ‘‘(5) MATHEMATICAL OR CLERICAL ERROR AU- 5 THORITY.—Any 6 under this subsection shall be treated as a mathe- 7 matical or clerical error for purposes of applying sec- 8 tion 6213(g)(2) to such omission.’’. 9 (b) EFFECTIVE DATE.—The amendment made by omission of a correct TIN required 10 this section shall take effect as if included in section 2201 11 of the CARES Act. 12 SEC. 20103. 2020 RECOVERY REBATES NOT SUBJECT TO RE- 13 DUCTION OR OFFSET WITH RESPECT TO 14 PAST-DUE SUPPORT. 15 (a) IN GENERAL.—Section 2201(d)(2) of the CARES 16 Act is amended by inserting ‘‘(c),’’ before ‘‘(d)’’. 17 (b) EFFECTIVE DATE.—The amendment made by 18 this section shall apply to credits and refunds allowed or 19 made after the date of the enactment of this Act. 20 SEC. 20104. PROTECTION OF 2020 RECOVERY REBATES. 21 (a) IN GENERAL.—Subsection (d) of section 2201 of 22 the CARES Act, as amended by the preceding provisions 23 of this Act, is amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 153 1 (1) by redesignating paragraphs (1), (2), and 2 (3) as subparagraphs (A), (B), and (C), and by mov- 3 ing such subparagraphs 2 ems to the right, 4 (2) by striking ‘‘REDUCTION OFFSET.—Any 5 credit’’ and inserting ‘‘REDUCTION, OFFSET, GAR- 6 NISHMENT, ETC.— 7 ‘‘(1) IN 8 (3) by adding at the end the following new 9 GENERAL.—Any credit’’, and paragraphs: 10 ‘‘(2) ASSIGNMENT 11 ‘‘(A) IN OF BENEFITS.— GENERAL.—Any applicable pay- 12 ment shall not be subject to transfer, assign- 13 ment, execution, levy, attachment, garnishment, 14 or other legal process, or the operation of any 15 bankruptcy or insolvency law, to the same ex- 16 tent as payments described in section 207 of 17 the Social Security Act (42 U.S.C. 407) without 18 regard to subsection (b) thereof. 19 ‘‘(B) ENCODING OF PAYMENTS.—As soon 20 as practicable after the date of the enactment 21 of this paragraph, the Secretary of the Treas- 22 ury shall encode applicable payments that are 23 paid electronically to any account— 24 ‘‘(i) with a unique identifier that is 25 reasonably sufficient to allow a financial g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OR 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 154 1 institution to identify the payment as a 2 payment protected under subparagraph 3 (A), and 4 ‘‘(ii) pursuant to the same specifica- 5 tions as required for a benefit payment to 6 which part 212 of title 31, Code of Federal 7 regulations applies. 8 ‘‘(C) GARNISHMENT.— 9 ‘‘(i) ENCODED re- 10 ceipt of a garnishment order that applies 11 to an account that has received an applica- 12 ble payment that is encoded as provided in 13 subparagraph (B), a financial institution 14 shall follow the requirements and proce- 15 dures set forth in part 212 of title 31, 16 Code of Federal Regulations. This para- 17 graph shall not alter the status of pay- 18 ments as tax refunds or other nonbenefit 19 payments for purpose of any reclamation 20 rights of the Department of Treasury or 21 the Internal Revenue Service as per part 22 210 of title 31 of the Code of Federal Reg- 23 ulations. 24 ‘‘(ii) OTHER 25 12:13 May 12, 2020 PAYMENTS.—If a finan- cial institution receives a garnishment g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PAYMENTS.—Upon Jkt 000000 (763351 3) PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 155 1 order (other than an order that has been 2 served by the United States) that applies 3 to an account into which an applicable 4 payment that has not been encoded as pro- 5 vided in subparagraph (B) has been depos- 6 ited on any date in the prior 60 days (in- 7 cluding any date before the date of the en- 8 actment of this paragraph), the financial 9 institution, upon the request of the account 10 holder or for purposes of complying in 11 good faith with a State order, State law, 12 court order, or interpretation by a State 13 Attorney General relating to garnishment 14 order, may, but is not required to, treat 15 the amount of the payment as exempt 16 under law from garnishment without re- 17 quiring the account holder to assert any 18 right of garnishment exemption or requir- 19 ing the consent of the judgment creditor. 20 ‘‘(iii) LIABILITY.—A financial institu- 21 tion that complies in good faith with clause 22 (i) or that acts in good faith in reliance on 23 clause (ii) shall not be liable under any 24 Federal or State law, regulation, or court 25 or other order to a creditor that initiates g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 156 1 an order for any protected amounts, to an 2 account holder for any frozen amounts or 3 garnishment order applied. 4 ‘‘(D) DEFINITIONS.—For purposes of this 5 paragraph— 6 ‘‘(i) ACCOUNT term 7 ‘account holder’ means a natural person 8 against whom a garnishment order is 9 issued and whose name appears in a finan- 10 cial institution’s records. 11 ‘‘(ii) APPLICABLE PAYMENT.—The 12 term ‘applicable payment’ means any pay- 13 ment of credit or refund by reason of sec- 14 tion 6428 of such Code (as so added) or by 15 reason of subsection (c) of this section. 16 ‘‘(iii) GARNISHMENT.—The term ‘gar- 17 nishment’ means execution, levy, attach- 18 ment, garnishment, or other legal process. 19 ‘‘(iv) GARNISHMENT ORDER.—The 20 term ‘garnishment order’ means a writ, 21 order, notice, summons, judgment, levy, or 22 similar written instruction issued by a 23 court, a State or State agency, a munici- 24 pality or municipal corporation, or a State 25 child support enforcement agency, includ- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 HOLDER.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 157 1 ing a lien arising by operation of law for 2 overdue child support or an order to freeze 3 the assets in an account, to effect a gar- 4 nishment against a debtor.’’. 5 (b) EFFECTIVE DATE.—The amendments made by 6 this section shall take effect on the date of the enactment 7 of this Act. 8 SEC. 20105. PAYMENTS TO REPRESENTATIVE PAYEES AND 9 10 FIDUCIARIES. (a) IN GENERAL.—Section 6428(f) of the Internal 11 Revenue Code of 1986 is amended by redesignating para12 graph (6) as paragraph (7) and by inserting after para13 graph (5) the following new paragraph: 14 ‘‘(6) PAYMENT 15 AND FIDUCIARIES.— 16 ‘‘(A) IN GENERAL.—In the case of any in- 17 dividual for which payment information is pro- 18 vided to the Secretary by the Commissioner of 19 Social Security, the Railroad Retirement Board, 20 or the Secretary of Veterans Affairs, the pay- 21 ment by the Secretary under paragraph (3) 22 with respect to such individual may be made to 23 such individual’s representative payee or fidu- 24 ciary and the entire payment shall be— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO REPRESENTATIVE PAYEES 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 158 1 ‘‘(i) provided to the individual who is 2 entitled to the payment, or 3 ‘‘(ii) used only for the benefit of the 4 individual who is entitled to the payment. 5 ‘‘(B) 6 PROVISIONS.— OF ENFORCEMENT 7 ‘‘(i) In the case of a payment de- 8 scribed in subparagraph (A) which is made 9 with respect to a social security beneficiary 10 or a supplemental security income recipi- 11 ent, section 1129(a)(3) of the Social Secu- 12 rity Act (42 U.S.C. 1320a–8(a)(3)) shall 13 apply to such payment in the same manner 14 as such section applies to a payment under 15 title II or XVI of such Act. 16 ‘‘(ii) In the case of a payment de- 17 scribed in subparagraph (A) which is made 18 with respect to a railroad retirement bene- 19 ficiary, section 13 of the Railroad Retire- 20 ment Act (45 U.S.C. 231l) shall apply to 21 such payment in the same manner as such 22 section applies to a payment under such 23 Act. 24 ‘‘(iii) In the case of a payment de- 25 scribed in subparagraph (A) which is made g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 APPLICATION 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 159 1 with respect to a veterans beneficiary, sec- 2 tions 5502, 6106, and 6108 of title 38, 3 United States Code, shall apply to such 4 payment in the same manner as such sec- 5 tions apply to a payment under such 6 title.’’. 7 (b) EFFECTIVE DATE.—The amendments made by 8 this section shall take effect as if included in section 2201 9 of the CARES Act. 10 SEC. 20106. APPLICATION TO TAXPAYERS WITH RESPECT 11 TO WHOM ADVANCE PAYMENT HAS ALREADY 12 BEEN MADE. 13 In the case of any taxpayer with respect to whom re- 14 fund or credit was made or allowed before the date of the 15 enactment of this Act under subsection (f) of section 6428 16 of the Internal Revenue Code of 1986 (as added by the 17 CARES Act), such subsection shall be applied separately 18 with respect to the excess (if any) of— 19 (1) the advance refund amount determined 20 under section 6428(f)(2) of such Code after the ap- 21 plication of the amendments made by this subtitle, 22 over 23 24 (2) the amount of such refund or credit so made or allowed. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 160 1 Subtitle B—Additional Recovery Rebates to Individuals 2 SEC. 20111. ADDITIONAL RECOVERY REBATES TO INDIVID- 3 UALS. 4 (a) IN GENERAL.—Subchapter B of chapter 65 of the 5 Internal Revenue Code of 1986 is amended by inserting 6 after section 6428 the following new section: 7 ‘‘SEC. 6428A. ADDITIONAL RECOVERY REBATES TO INDIVID- 8 UALS. 9 ‘‘(a) IN GENERAL.—In the case of an eligible indi- 10 vidual, there shall be allowed as a credit against the tax 11 imposed by subtitle A for the first taxable year beginning 12 in 2020 an amount equal to the additional rebate amount 13 determined for such taxable year. 14 ‘‘(b) ADDITIONAL REBATE AMOUNT.—For purposes 15 of this section, the term ‘additional rebate amount’ means, 16 with respect to any taxpayer for any taxable year, the sum 17 of— 18 19 ‘‘(1) $1,200 ($2,400 in the case of a joint return), plus 20 ‘‘(2) $1,200 multiplied by the number of de- 21 pendents of the taxpayer for such taxable year (not 22 in excess of 3 such dependents). 23 ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this 24 section, the term ‘eligible individual’ means any individual 25 other than— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 161 1 ‘‘(1) any nonresident alien individual, 2 ‘‘(2) any individual with respect to whom a de- 3 duction under section 151 is allowable to another 4 taxpayer for a taxable year beginning in the cal- 5 endar year in which the individual’s taxable year be- 6 gins, and 7 8 ‘‘(3) an estate or trust. ‘‘(d) LIMITATION BASED ON MODIFIED ADJUSTED 9 GROSS INCOME.—The amount of the credit allowed by 10 subsection (a) (determined without regard to this sub11 section and subsection (f)) shall be reduced (but not below 12 zero) by 5 percent of so much of the taxpayer’s modified 13 adjusted gross income as exceeds— 14 15 ‘‘(1) $150,000 in the case of a joint return or a surviving spouse (as defined in section 2(a)), 16 ‘‘(2) $112,500 in the case of a head of house- 17 hold (as defined in section 2(b)), and 18 ‘‘(3) $75,000 in any other case. 19 ‘‘(e) DEFINITIONS AND SPECIAL RULES.— 20 ‘‘(1) MODIFIED 21 For purposes of this subsection (other than this 22 paragraph), the term ‘modified adjusted gross in- 23 come’ means adjusted gross income determined with- 24 out regard to sections 911, 931, and 933. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ADJUSTED GROSS INCOME.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 162 1 ‘‘(2) DEPENDENT purposes of 2 this section, the term ‘dependent’ has the meaning 3 given such term by section 152. 4 ‘‘(3) CREDIT TREATED AS REFUNDABLE.—The 5 credit allowed by subsection (a) shall be treated as 6 allowed by subpart C of part IV of subchapter A of 7 chapter 1. 8 ‘‘(4) 9 MENT.— 10 IDENTIFICATION ‘‘(A) IN NUMBER GENERAL.—The REQUIRE- $1,200 amount in 11 subsection (b)(1) shall be treated as being zero 12 unless the taxpayer includes the TIN of the 13 taxpayer on the return of tax for the taxable 14 year. 15 ‘‘(B) JOINT RETURNS.—In the case of a 16 joint return, the $2,400 amount in subsection 17 (b)(1) shall be treated as being— 18 ‘‘(i) zero if the TIN of neither spouse 19 is included on the return of tax for the 20 taxable year, and 21 ‘‘(ii) $1,200 if the TIN of only one 22 spouse is so included. 23 ‘‘(C) DEPENDENTS.—A dependent shall 24 not be taken into account under subsection g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DEFINED.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 163 1 (b)(2) unless the TIN of such dependent is in- 2 cluded on the return of tax for the taxable year. 3 ‘‘(D) COORDINATION WITH CERTAIN AD- 4 VANCE PAYMENTS.—In 5 made pursuant to subsection (g)(5)(A)(ii), a 6 TIN shall be treated for purposes of this para- 7 graph as included on the taxpayer’s return of 8 tax if such TIN is provided pursuant to such 9 subsection. 10 the case of any payment ‘‘(f) COORDINATION WITH ADVANCE REFUNDS OF 11 CREDIT.— 12 ‘‘(1) REDUCTION 13 The amount of the credit which would (but for this 14 paragraph) be allowable under subsection (a) shall 15 be reduced (but not below zero) by the aggregate re- 16 funds and credits made or allowed to the taxpayer 17 (or any dependent of the taxpayer) under subsection 18 (g). Any failure to so reduce the credit shall be 19 treated as arising out of a mathematical or clerical 20 error and assessed according to section 6213(b)(1). 21 ‘‘(2) JOINT RETURNS.—In the case of a refund 22 or credit made or allowed under subsection (g) with 23 respect to a joint return, half of such refund or cred- 24 it shall be treated as having been made or allowed 25 to each individual filing such return. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF REFUNDABLE CREDIT.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 164 1 ‘‘(g) ADVANCE REFUNDS AND CREDITS.— 2 ‘‘(1) IN to paragraph (5), 3 each individual who was an eligible individual for 4 such individual’s first taxable year beginning in 5 2019 shall be treated as having made a payment 6 against the tax imposed by chapter 1 for such tax- 7 able year in an amount equal to the advance refund 8 amount for such taxable year. 9 ‘‘(2) ADVANCE REFUND AMOUNT.—For pur- 10 poses of paragraph (1), the advance refund amount 11 is the amount that would have been allowed as a 12 credit under this section for such taxable year if this 13 section (other than subsection (f) and this sub- 14 section) had applied to such taxable year. 15 ‘‘(3) TIMING AND MANNER OF PAYMENTS.— 16 ‘‘(A) TIMING.—The Secretary shall, sub- 17 ject to the provisions of this title, refund or 18 credit any overpayment attributable to this sec- 19 tion as rapidly as possible. No refund or credit 20 shall be made or allowed under this subsection 21 after December 31, 2020. 22 ‘‘(B) DELIVERY OF PAYMENTS.—Notwith- 23 standing any other provision of law, the Sec- 24 retary may certify and disburse refunds payable 25 under this subsection electronically to any ac- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Subject 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 165 1 count to which the payee authorized, on or after 2 January 1, 2018, the delivery of a refund of 3 taxes under this title or of a Federal payment 4 (as defined in section 3332 of title 31, United 5 States Code). 6 ‘‘(C) WAIVER 7 withstanding section 3325 of title 31, United 8 States Code, or any other provision of law, with 9 respect to any payment of a refund under this 10 subsection, a disbursing official in the executive 11 branch of the United States Government may 12 modify payment information received from an 13 officer 14 3325(a)(1)(B) of such title for the purpose of 15 facilitating the accurate and efficient delivery of 16 such payment. Except in cases of fraud or reck- 17 less neglect, no liability under sections 3325, 18 3527, 3528, or 3529 of title 31, United States 19 Code, shall be imposed with respect to pay- 20 ments made under this subparagraph. 21 ‘‘(4) NO or employee described INTEREST.—No in section interest shall be al- 22 lowed on any overpayment attributable to this sec- 23 tion. 24 25 ‘‘(5) APPLICATION 12:13 May 12, 2020 TO INDIVIDUALS WHO DO NOT FILE A RETURN OF TAX FOR 2019.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF CERTAIN RULES.—Not- Jkt 000000 (763351 3) PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 166 1 ‘‘(A) IN the case of an indi- 2 vidual who, at the time of any determination 3 made pursuant to paragraph (3), has not filed 4 a tax return for the year described in para- 5 graph (1), the Secretary shall— 6 ‘‘(i) apply paragraph (1) by sub- 7 stituting ‘2018’ for ‘2019’, and 8 ‘‘(ii) in the case of a specified indi- 9 vidual who has not filed a tax return for 10 such individual’s first taxable year begin- 11 ning in 2018, determine the advance re- 12 fund amount with respect to such indi- 13 vidual without regard to subsections (d) 14 and on the basis of information with re- 15 spect to such individual which is provided 16 by— 17 ‘‘(I) in the case of a specified so- 18 cial security beneficiary or a specified 19 supplemental security income recipi- 20 ent, the Commissioner of Social Secu- 21 rity, 22 ‘‘(II) in the case of a specified 23 railroad retirement beneficiary, the 24 Railroad Retirement Board, and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 167 1 ‘‘(III) in the case of a specified 2 veterans beneficiary, the Secretary of 3 Veterans 4 with, and with the assistance of, the 5 Commissioner of Social Security if ap- 6 propriate). 7 ‘‘(B) SPECIFIED (in coordination INDIVIDUAL.—For pur- 8 poses of this paragraph, the term ‘specified in- 9 dividual’ means any individual who is— 10 ‘‘(i) a specified social security bene- 11 ficiary, 12 ‘‘(ii) a specified supplemental security 13 income recipient, 14 ‘‘(iii) a specified railroad retirement 15 beneficiary, or 16 ‘‘(iv) a specified veterans beneficiary. 17 ‘‘(C) SPECIFIED 18 FICIARY.—For 19 SOCIAL SECURITY BENE- purposes of this paragraph— ‘‘(i) IN GENERAL.—The term ‘speci- 20 fied social security beneficiary’ means any 21 individual who, for the last month that 22 ends prior to the date of enactment of this 23 section, is entitled to any monthly insur- 24 ance benefit payable under title II of the 25 Social Security Act (42 U.S.C. 401 et g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 Affairs 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 168 1 seq.), including payments made pursuant 2 to sections 202(d), 223(g), and 223(i)(7) 3 of such Act. 4 ‘‘(ii) EXCEPTION.—Such term shall 5 not include any individual if such benefit is 6 not payable for such month by reason of 7 section 202(x) of the Social Security Act 8 (42 U.S.C. 402(x)) or section 1129A of 9 such Act (42 U.S.C. 1320a–8a). 10 ‘‘(D) SPECIFIED 11 RITY INCOME RECIPIENT.—For 12 paragraph— 13 ‘‘(i) IN SECU- purposes of this GENERAL.—The term ‘speci- 14 fied supplemental security income recipi- 15 ent’ means any individual who, for the last 16 month that ends prior to the date of enact- 17 ment of this section, is eligible for a 18 monthly benefit payable under title XVI of 19 the Social Security Act (42 U.S.C. 1381 et 20 seq.) (other than a benefit to an individual 21 described in section 1611(e)(1)(B) of such 22 Act (42 U.S.C. 1382(e)(1)(B)), includ- 23 ing— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 SUPPLEMENTAL 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 169 1 ‘‘(I) payments made pursuant to 2 section 1614(a)(3)(C) of such Act (42 3 U.S.C. 1382c(a)(3)(C)), 4 ‘‘(II) payments made pursuant to 5 section 1619(a) (42 U.S.C. 1382h) or 6 subsections (a)(4), (a)(7), or (p)(7) of 7 section 1631 (42 U.S.C. 1383) of 8 such Act, and 9 ‘‘(III) State supplementary pay- 10 ments of the type referred to in sec- 11 tion 1616(a) of such Act (42 U.S.C. 12 1382e(a)) (or payments of the type 13 described in section 212(a) of Public 14 Law 93–66) which are paid by the 15 Commissioner under an agreement re- 16 ferred to in such section 1616(a) (or 17 section 212(a) of Public Law 93–66). 18 ‘‘(ii) EXCEPTION.—Such term shall 19 not include any individual if such monthly 20 benefit is not payable for such month by 21 reason of subsection (e)(1)(A) or (e)(4) of 22 section 1611 (42 U.S.C. 1382) or section 23 1129A of such Act (42 U.S.C. 1320a–8a). 24 ‘‘(E) SPECIFIED 25 BENEFICIARY.—For g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 RAILROAD RETIREMENT purposes of this para- (763351 3) PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 170 1 graph, the term ‘specified railroad retirement 2 beneficiary’ means any individual who, for the 3 last month that ends prior to the date of enact- 4 ment of this section, is entitled to a monthly 5 annuity or pension payment payable (without 6 regard to section 5(a)(ii) of the Railroad Retire- 7 ment Act of 1974 (45 U.S.C. 231d(a)(ii))) 8 under— 9 ‘‘(i) section 2(a)(1) of such Act (45 10 U.S.C. 231a(a)(1)), 11 ‘‘(ii) section 2(c) of such Act (45 12 U.S.C. 231a(c)), 13 ‘‘(iii) section 2(d)(1) of such Act (45 14 U.S.C. 231a(d)(1)), or 15 ‘‘(iv) section 7(b)(2) of such Act (45 16 U.S.C. 231f(b)(2)) with respect to any of 17 the benefit payments described in subpara- 18 graph (C)(i). 19 ‘‘(F) 20 FICIARY.—For 21 VETERANS BENE- purposes of this paragraph— ‘‘(i) IN GENERAL.—The term ‘speci- 22 fied veterans beneficiary’ means any indi- 23 vidual who, for the last month that ends 24 prior to the date of enactment of this sec- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 SPECIFIED 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 171 1 tion, is entitled to a compensation or pen- 2 sion payment payable under— 3 ‘‘(I) section 1110, 1117, 1121, 4 1131, 1141, or 1151 of title 38, 5 United States Code, 6 ‘‘(II) section 1310, 1312, 1313, 7 1315, 1316, or 1318 of title 38, 8 United States Code, 9 ‘‘(III) section 1513, 1521, 1533, 10 1536, 1537, 1541, 1542, or 1562 of 11 title 38, United States Code, or 12 ‘‘(IV) section 1805, 1815, or 13 1821 of title 38, United States Code, 14 to a veteran, surviving spouse, child, or 15 parent as described in paragraph (2), (3), 16 (4)(A)(ii), or (5) of section 101, title 38, 17 United States Code. 18 ‘‘(ii) EXCEPTION.—Such term shall 19 not include any individual if such com- 20 pensation or pension payment is not pay- 21 able, or was reduced, for such month by 22 reason of section 1505, 5313, or 5313B of 23 title 38, United States Code. 24 ‘‘(G) SUBSEQUENT 25 REDETERMINATIONS g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 DETERMINATIONS AND NOT TAKEN INTO AC- (763351 3) PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 172 1 COUNT.—For 2 vidual’s status as a specified social security ben- 3 eficiary, a specified supplemental security in- 4 come recipient, a specified railroad retirement 5 beneficiary, or a specified veterans beneficiary 6 shall be unaffected by any determination or re- 7 determination of any entitlement to, or eligi- 8 bility for, any benefit, payment, or compensa- 9 tion, if such determination or redetermination 10 occurs after the last month that ends prior to 11 the date of enactment of this section. 12 ‘‘(H) PAYMENT 13 EES AND FIDUCIARIES.— 14 ‘‘(i) IN TO REPRESENTATIVE PAY- GENERAL.—If the benefit, 15 payment, or compensation referred to in 16 subparagraph (C)(i), (D)(i), (E), or (F)(i) 17 with respect to any specified individual is 18 paid to a representative payee or fiduciary, 19 payment by the Secretary under paragraph 20 (3) with respect to such specified indi- 21 vidual shall be made to such individual’s 22 representative payee or fiduciary and the 23 entire payment shall be used only for the 24 benefit of the individual who is entitled to 25 the payment. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 purposes of this section, any indi- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 173 1 ‘‘(ii) APPLICATION 2 PROVISIONS.— 3 ‘‘(I) In the case of a payment de- 4 scribed in clause (i) which is made 5 with respect to a specified social secu- 6 rity beneficiary or a specified supple- 7 mental security income recipient, sec- 8 tion 1129(a)(3) of the Social Security 9 Act (42 U.S.C. 1320a–8(a)(3)) shall 10 apply to such payment in the same 11 manner as such section applies to a 12 payment under title II or XVI of such 13 Act. 14 ‘‘(II) In the case of a payment 15 described in clause (i) which is made 16 with respect to a specified railroad re- 17 tirement beneficiary, section 13 of the 18 Railroad Retirement Act (45 U.S.C. 19 231l) shall apply to such payment in 20 the same manner as such section ap- 21 plies to a payment under such Act. 22 ‘‘(III) In the case of a payment 23 described in clause (i) which is made 24 with respect to a specified veterans 25 beneficiary, sections 5502, 6106, and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF ENFORCEMENT 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 174 1 6108 of title 38, United States Code, 2 shall apply to such payment in the 3 same manner as such sections apply 4 to a payment under such title. 5 ‘‘(6) NOTICE TO TAXPAYER.—Not later than 15 6 days after the date on which the Secretary distrib- 7 uted any payment to an eligible taxpayer pursuant 8 to this subsection, notice shall be sent by mail to 9 such taxpayer’s last known address. Such notice 10 shall indicate the method by which such payment 11 was made, the amount of such payment, and a 12 phone number for the appropriate point of contact 13 at the Internal Revenue Service to report any error 14 with respect to such payment. 15 ‘‘(h) REGULATIONS.—The Secretary shall prescribe 16 such regulations or other guidance as may be necessary 17 or appropriate to carry out the purposes of this section, 18 including— 19 ‘‘(1) regulations or other guidance providing 20 taxpayers the opportunity to provide the Secretary 21 information sufficient to allow the Secretary to make 22 payments to such taxpayers under subsection (g) 23 (including the determination of the amount of such 24 payment) if such information is not otherwise avail- 25 able to the Secretary, and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 175 1 ‘‘(2) regulations or other guidance providing for 2 the proper treatment of joint returns and taxpayers 3 with dependents to ensure that an individual is not 4 taken into account more than once in determining 5 the amount of any credit under subsection (a) and 6 any credit or refund under subsection (g). 7 ‘‘(i) OUTREACH.—The Secretary shall carry out a ro- 8 bust and comprehensive outreach program to ensure that 9 all taxpayers described in subsection (h)(1) learn of their 10 eligibility for the advance refunds and credits under sub11 section (g); are advised of the opportunity to receive such 12 advance refunds and credits as provided under subsection 13 (h)(1); and are provided assistance in applying for such 14 advance refunds and credits. In conducting such outreach 15 program, the Secretary shall coordinate with other govern16 ment, State, and local agencies; federal partners; and com17 munity-based nonprofit organizations that regularly inter18 face with such taxpayers.’’. 19 (b) TREATMENT OF CERTAIN POSSESSIONS.— 20 (1) PAYMENTS 21 CODE TAX SYSTEMS.—The 22 ury shall pay to each possession of the United States 23 which has a mirror code tax system amounts equal 24 to the loss (if any) to that possession by reason of 25 the amendments made by this section. Such g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO POSSESSIONS WITH MIRROR 12:13 May 12, 2020 Jkt 000000 Secretary of the Treas- (763351 3) PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 176 1 amounts shall be determined by the Secretary of the 2 Treasury based on information provided by the gov- 3 ernment of the respective possession. 4 (2) PAYMENTS 5 Secretary of the Treasury shall pay to each posses- 6 sion of the United States which does not have a mir- 7 ror code tax system amounts estimated by the Sec- 8 retary of the Treasury as being equal to the aggre- 9 gate benefits (if any) that would have been provided 10 to residents of such possession by reason of the 11 amendments made by this section if a mirror code 12 tax system had been in effect in such possession. 13 The preceding sentence shall not apply unless the re- 14 spective possession has a plan, which has been ap- 15 proved by the Secretary of the Treasury, under 16 which such possession will promptly distribute such 17 payments to its residents. 18 (3) COORDINATION WITH CREDIT ALLOWED 19 AGAINST UNITED STATES INCOME TAXES.—No 20 it shall be allowed against United States income 21 taxes under section 6428A of the Internal Revenue 22 Code of 1986 (as added by this section), nor shall 23 any credit or refund be made or allowed under sub- 24 section (g) of such section, to any person— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO OTHER POSSESSIONS.—The 12:13 May 12, 2020 Jkt 000000 cred- (763351 3) PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 177 1 (A) to whom a credit is allowed against 2 taxes imposed by the possession by reason of 3 the amendments made by this section, or 4 (B) who is eligible for a payment under a 5 plan described in paragraph (2). 6 (4) MIRROR purposes 7 of this subsection, the term ‘‘mirror code tax sys- 8 tem’’ means, with respect to any possession of the 9 United States, the income tax system of such posses- 10 sion if the income tax liability of the residents of 11 such possession under such system is determined by 12 reference to the income tax laws of the United 13 States as if such possession were the United States. 14 (c) ADMINISTRATIVE PROVISIONS.— 15 (1) DEFINITION OF DEFICIENCY.—Section 16 6211(b)(4)(A) of the Internal Revenue Code of 1986 17 is amended by striking ‘‘and 6428’’ and inserting 18 ‘‘6428, and 6428A’’. 19 (2) MATHEMATICAL 20 THORITY.—Section 21 amended— OR CLERICAL ERROR AU- 6213(g)(2) of such Code is 22 (A) by inserting ‘‘or section 6428A (relat- 23 ing to additional recovery rebates to individ- 24 uals)’’ before the comma at the end of subpara- 25 graph (H), and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CODE TAX SYSTEM.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 178 1 (B) by striking ‘‘or 6428’’ in subparagraph 2 (L) and inserting ‘‘6428, or 6428A’’. 3 (3) EXCEPTION 4 SET.—Any 5 individual by reason of section 6428A of the Internal 6 Revenue Code of 1986 (as added by this section) or 7 by reason of subsection (b) of this section shall not 8 be— credit or refund allowed or made to any 9 (A) subject to reduction or offset pursuant 10 to section 3716 or 3720A of title 31, United 11 States Code, 12 (B) subject to reduction or offset pursuant 13 to subsection (c), (d), (e), or (f) of section 6402 14 of the Internal Revenue Code of 1986, or 15 (C) reduced or offset by other assessed 16 Federal taxes that would otherwise be subject 17 to levy or collection. 18 (4) ASSIGNMENT 19 (A) IN OF BENEFITS.— GENERAL.—Any applicable pay- 20 ment shall not be subject to transfer, assign- 21 ment, execution, levy, attachment, garnishment, 22 or other legal process, or the operation of any 23 bankruptcy or insolvency law, to the same ex- 24 tent as payments described in section 207 of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FROM REDUCTION OR OFF- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 179 1 the Social Security Act (42 U.S.C. 407) without 2 regard to subsection (b) thereof. 3 (B) ENCODING soon as 4 practicable after the date of the enactment of 5 the paragraph, the Secretary of the Treasury 6 shall encode applicable payments that are paid 7 electronically to any account— 8 (i) with a unique identifier that is rea- 9 sonably sufficient to allow a financial insti- 10 tution to identify the payment as a pay- 11 ment protected under subparagraph (A), 12 and 13 (ii) pursuant to the same specifica- 14 tions as required for a benefit payment to 15 which part 212 of title 31, Code of Federal 16 regulations applies. 17 (C) GARNISHMENT.— 18 (i) ENCODED PAYMENTS.—Upon re- 19 ceipt of a garnishment order that applies 20 to an account that has received an applica- 21 ble payment that is encoded as provided in 22 subparagraph (B), a financial institution 23 shall follow the requirements and proce- 24 dures set forth in part 212 of title 31, 25 Code of Federal Regulations. This para- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF PAYMENTS.—As 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 180 1 graph shall not alter the status of pay- 2 ments as tax refunds or other nonbenefit 3 payments for purpose of any reclamation 4 rights of the Department of Treasury or 5 the Internal Revenue Serves as per part 6 210 of title 31 of the Code of Federal Reg- 7 ulations. 8 (ii) OTHER a financial 9 institution receives a garnishment order 10 (other than an order that has been served 11 by the United States) that applies to an 12 account into which an applicable payment 13 that has not been encoded as provided in 14 subparagraph (B) has been deposited on 15 any date in the prior 60 days (including 16 any date before the date of the enactment 17 of this paragraph), the financial institu- 18 tion, upon the request of the account hold- 19 er or for purposes of complying in good 20 faith with a State order, State law, court 21 order, or interpretation by a State Attor- 22 ney General relating to garnishment order, 23 may, but is not required to, treat the 24 amount of the payment as exempt under 25 law from garnishment without requiring g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PAYMENTS.—If 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 181 1 the account holder to assert any right of 2 garnishment exemption or requiring the 3 consent of the judgment creditor. 4 (iii) LIABILITY.—A financial institu- 5 tion that complies in good faith with clause 6 (i) or that acts in good faith in reliance on 7 clause (ii) shall not be liable under any 8 Federal or State law, regulation, or court 9 or other order to a creditor that initiates 10 an order for any protected amounts, to an 11 account holder for any frozen amounts or 12 garnishment order applied. 13 (D) DEFINITIONS.—For purposes of this 14 paragraph— 15 (i) ACCOUNT term 16 ‘‘account holder’’ means a natural person 17 against whom a garnishment order is 18 issued and whose name appears in a finan- 19 cial institution’s records. 20 (ii) APPLICABLE PAYMENT.—The 21 term ‘‘applicable payment’’ means any pay- 22 ment of credit or refund by reason of sec- 23 tion 6428 of such Code (as so added) or by 24 reason of subsection (c) of this section. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 HOLDER.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 182 1 (iii) GARNISHMENT.—The term ‘‘gar- 2 nishment’’ means execution, levy, attach- 3 ment, garnishment, or other legal process. 4 (iv) ORDER.—The 5 term ‘‘garnishment order’’ means a writ, 6 order, notice, summons, judgment, levy, or 7 similar written instruction issued by a 8 court, a State or State agency, a munici- 9 pality or municipal corporation, or a State 10 child support enforcement agency, includ- 11 ing a lien arising by operation of law for 12 overdue child support or an order to freeze 13 the assets in an account, to effect a gar- 14 nishment against a debtor. 15 (5) TREATMENT OF CREDIT AND ADVANCE PAY- 16 MENTS.—For 17 United States Code, any credit under section 18 6428A(a) of the Internal Revenue Code of 1986, any 19 credit or refund under section 6428A(g) of such 20 Code, and any payment under subsection (b) of this 21 section, shall be treated in the same manner as a re- 22 fund due from a credit provision referred to in sub- 23 section (b)(2) of such section 1324. 24 25 12:13 May 12, 2020 purposes of section 1324 of title 31, (6) AGENCY SISTANCE.—The g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GARNISHMENT Jkt 000000 INFORMATION SHARING AND AS- Commissioner of Social Security, (763351 3) PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 183 1 the Railroad Retirement Board, and the Secretary of 2 Veterans Affairs shall each provide the Secretary of 3 the Treasury (or the Secretary’s delegate) such in- 4 formation and assistance as the Secretary of the 5 Treasury (or the Secretary’s delegate) may require 6 for purposes of making payments under section 7 6428A(g) of the Internal Revenue Code of 1986 to 8 individuals described in paragraph (5)(A)(ii) thereof. 9 (7) CLERICAL AMENDMENT.—The table of sec- 10 tions for subchapter B of chapter 65 of the Internal 11 Revenue Code of 1986 is amended by inserting after 12 the item relating to section 6428 the following new 13 item: ‘‘Sec. 6428A. Additional recovery rebates to individuals.’’. 14 15 (d) APPROPRIATIONS CARRY OUT THIS SEC- TION.— 16 (1) IN GENERAL.—Immediately upon the enact- 17 ment of this Act, the following sums are appro- 18 priated, out of any money in the Treasury not other- 19 wise appropriated, for the fiscal year ending Sep- 20 tember 30, 2020— 21 (A) DEPARTMENT OF THE TREASURY.— 22 (i) For an additional amount for ‘‘De- 23 partment of the Treasury—Bureau of Fis- 24 cal g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO 12:13 May 12, 2020 Jkt 000000 Services—Salaries and Expenses’’, (763351 3) PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 184 1 $78,650,000, to remain available until 2 September 30, 2021. 3 (ii) For an additional amount for 4 ‘‘Department of the Treasury—Internal 5 Revenue 6 $298,700,000, to remain available until 7 September 30, 2021. Services’’, 8 (iii) For an additional amount for 9 ‘‘Department of the Treasury—Internal 10 Revenue 11 $37,200,000, to remain available until 12 September 30, 2021. Service—Enforcement’’, 13 (iv) For an additional amount for 14 ‘‘Department of the Treasury—Internal 15 Revenue 16 $185,000,000, to remain available until 17 September 30, 2021. 18 Service—Operations Support’’, (v) For an additional amount for ‘‘De- 19 partment 20 Treasury Inspector General for Tax Ad- 21 ministration’’, 22 available until September 30, 2024, for 23 necessary expenses related to COVID–19 24 including carrying out investigations. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 Service—Taxpayer 12:13 May 12, 2020 Jkt 000000 of the Treasury—Office $10,000,000, to of remain (763351 3) PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 185 1 Amounts made available in appropriations 2 under clauses (ii), (iii), and (iv) of this subpara- 3 graph may be transferred between such appro- 4 priations upon the advance notification of the 5 Committees on Appropriations of the House of 6 Representatives and the Senate. Such transfer 7 authority is in addition to any other transfer 8 authority provided by law. 9 (B) SOCIAL 10 For an additional amount for ‘‘Social Security 11 Administration—Limitation on Administrative 12 Expenses’’, $40,500,000, to remain available 13 until September 30, 2021: Provided, that 14 $2,500,000, to remain available until Sep- 15 tember 30, 2024, shall be transferred to ‘‘Social 16 Security Administration—Office of Inspector 17 General’’ for necessary expenses in carrying out 18 the provisions of the Inspector General Act of 19 1978. 20 (C) RAILROAD RETIREMENT BOARD.—For 21 an additional amount for ‘‘Railroad Retirement 22 Board—Limitation on Administration’’, $8,300, 23 to remain available until September 30, 2021. 24 (2) REPORTS.—No later than 15 days after en- 25 actment of this Act, the Secretary of the Treasury g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 SECURITY ADMINISTRATION.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 186 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 clauses (i) through (iv) paragraph (1)(A). Begin- 5 ning 90 days after enactment of this Act, the Sec- 6 retary of the Treasury shall submit a quarterly re- 7 port to the Committees on Appropriations of the 8 House of Representatives and the Senate detailing 9 the actual expenditure of such funds and the ex- 10 pected expenditure of such funds in the subsequent 11 quarter. 12 (e) CERTAIN REQUIREMENTS RELATED 13 ERY REBATES 14 RECOV- ADDITIONAL RECOVERY REBATES.— (1) SIGNATURES ON CHECKS AND NOTICES, 15 ETC., BY THE DEPARTMENT OF THE TREASURY.— 16 Any check issued to an individual by the Depart- 17 ment of the Treasury pursuant to section 6428 or 18 6428A of the Internal Revenue Code of 1986, and 19 any notice issued pursuant to section 6428(f)(6) or 20 section 6428A(g)(6) of such Code, may not be 21 signed by or otherwise bear the name, signature, 22 image or likeness of the President, the Vice Presi- 23 dent or any elected official or cabinet level officer of 24 the United States, or any individual who, with re- 25 spect to any of the aforementioned individuals, bears g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AND TO 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 187 1 any relationship described in subparagraphs (A) 2 through (G) of section 152(d)(2) of the Internal 3 Revenue Code of 1986. 4 (2) EFFECTIVE DATE.—Paragraph (1) shall 5 apply to checks and notices issued after the date of 6 the enactment of this Act. 7 (f) REPORTS TO CONGRESS.—Each week beginning 8 after the date of the enactment of this Act and beginning 9 before December 31, 2020, on Friday of such week, not 10 later than 3 p.m. Eastern Time, the Secretary of the 11 Treasury shall provide a written report to the Committee 12 on Ways and Means of the House of Representatives and 13 the Committee on Finance of the Senate. Such report shall 14 include the following information with respect to payments 15 made pursuant to each of sections 6428 and 6428A of 16 the Internal Revenue Code of 1986: 17 (1) The number of scheduled payments sent to 18 the Bureau of Fiscal Service for payment by direct 19 deposit or paper check for the following week (stated 20 separately for direct deposit and paper check). 21 22 (2) The total dollar amount of the scheduled payments described in paragraph (1). 23 (3) The number of direct deposit payments re- 24 turned to the Department of the Treasury and the 25 total dollar value of such payments, for the week g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 188 1 ending on the day prior to the day on which the re- 2 port is provided. 3 (4) The total number of letters related to pay- 4 ments under section 6428 or 6428A of such Code 5 mailed to taxpayers during the week ending on the 6 day prior to the day on which the report is provided. 7 Subtitle C—Earned Income Tax Credit 8 SEC. 20121. STRENGTHENING THE EARNED INCOME TAX 9 CREDIT FOR INDIVIDUALS WITH NO QUALI- 10 11 FYING CHILDREN. (a) SPECIAL RULES FOR 2020.—Section 32 of the 12 Internal Revenue Code of 1986 is amended by adding at 13 the end the following new subsection: 14 ‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITHOUT 15 QUALIFYING CHILDREN.—In the case of any taxable year 16 beginning after December 31, 2019, and before January 17 1, 2021— 18 19 ‘‘(1) DECREASE IT.— 20 ‘‘(A) IN GENERAL.—Subsection 21 (c)(1)(A)(ii)(II) shall be applied by substituting 22 ‘the applicable minimum age’ for ‘age 25’. 23 ‘‘(B) APPLICABLE MINIMUM AGE.—For 24 purposes of this paragraph, the term ‘applicable 25 minimum age’ means— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 IN MINIMUM AGE FOR CRED- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 189 1 ‘‘(i) except as otherwise provided in 2 this subparagraph, age 19, 3 ‘‘(ii) in the case of a full-time student 4 (other than a qualified former foster youth 5 or a qualified homeless youth), age 25, and 6 ‘‘(iii) in the case of a qualified former 7 foster youth or a qualified homeless youth, 8 age 18. 9 ‘‘(C) FULL-TIME purposes 10 of this paragraph, the term ‘full-time student’ 11 means, with respect to any taxable year, an in- 12 dividual who is an eligible student (as defined 13 in section 25A(b)(3)) during at least 5 calendar 14 months during the taxable year. 15 ‘‘(D) 16 YOUTH.—For 17 term ‘qualified former foster youth’ means an 18 individual who— QUALIFIED FORMER FOSTER purposes of this paragraph, the 19 ‘‘(i) on or after the date that such in- 20 dividual attained age 14, was in foster care 21 provided under the supervision or adminis- 22 tration of a State or tribal agency admin- 23 istering (or eligible to administer) a plan 24 under part B or part E of the Social Secu- 25 rity Act (without regard to whether Fed- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 STUDENT.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 190 1 eral assistance was provided with respect 2 to such child under such part E), and 3 ‘‘(ii) provides (in such manner as the 4 Secretary may provide) consent for State 5 and tribal agencies which administer a 6 plan under part B or part E of the Social 7 Security Act to disclose to the Secretary 8 information related to the status of such 9 individual as a qualified former foster 10 youth. 11 ‘‘(E) QUALIFIED 12 purposes of this paragraph, the term ‘qualified 13 homeless youth’ means, with respect to any tax- 14 able year, an individual who— 15 ‘‘(i) is certified by a local educational 16 agency or a financial aid administrator 17 during such taxable year as being either an 18 unaccompanied youth who is a homeless 19 child or youth, or as unaccompanied, at 20 risk of homelessness, and self-supporting. 21 Terms used in the preceding sentence 22 which are also used in section 480(d)(1) of 23 the Higher Education Act of 1965 shall 24 have the same meaning as when used in 25 such section, and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 HOMELESS YOUTH.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 191 1 ‘‘(ii) provides (in such manner as the 2 Secretary may provide) consent for local 3 educational agencies and financial aid ad- 4 ministrators to disclose to the Secretary in- 5 formation related to the status of such in- 6 dividual as a qualified homeless youth. 7 ‘‘(2) INCREASE 8 IT.—Subsection 9 substituting ‘age 66’ for ‘age 65’. 10 (c)(1)(A)(ii)(II) shall be applied by ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER- 11 CENTAGES.—The 12 (b)(1) shall be applied by substituting ‘15.3’ for 13 ‘7.65’ each place it appears therein. 14 15 table contained in subsection ‘‘(4) INCREASE IN EARNED INCOME AND PHASEOUT AMOUNTS.— 16 ‘‘(A) IN 17 GENERAL.—The table contained in subsection (b)(2)(A) shall be applied— 18 ‘‘(i) 19 ‘$4,220’, and 20 by substituting ‘$9,720’ for ‘‘(ii) by substituting ‘$11,490’ for 21 ‘$5,280’. 22 ‘‘(B) COORDINATION WITH INFLATION AD- 23 JUSTMENT.—Subsection 24 any dollar amount specified in this paragraph.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 IN MAXIMUM AGE FOR CRED- 12:13 May 12, 2020 Jkt 000000 (j) shall not apply to (763351 3) PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 192 1 (b) INFORMATION RETURN MATCHING.—As soon as 2 practicable, the Secretary of the Treasury (or the Sec3 retary’s delegate) shall develop and implement procedures 4 to use information returns under section 6050S (relating 5 to returns relating to higher education tuition and related 6 expenses) to check the status of individuals as full-time 7 students for purposes of section 32(n)(1)(B)(ii) of the In8 ternal Revenue Code of 1986 (as added by this section). 9 (c) EFFECTIVE DATE.—The amendment made by 10 this section shall apply to taxable years beginning after 11 December 31, 2019. 12 SEC. 20122. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED 13 INCOME CREDIT IN CASE OF QUALIFYING 14 CHILDREN WHO FAIL TO MEET CERTAIN 15 IDENTIFICATION REQUIREMENTS. 16 (a) IN GENERAL.—Section 32(c)(1) of the Internal 17 Revenue Code of 1986 is amended by striking subpara18 graph (F). 19 (b) EFFECTIVE DATE.—The amendment made by 20 this section shall apply to taxable years beginning after 21 the date of the enactment of this Act. 22 SEC. 20123. CREDIT ALLOWED IN CASE OF CERTAIN SEPA- 23 24 RATED SPOUSES. (a) IN GENERAL.—Section 32(d) of the Internal Rev- 25 enue Code of 1986 is amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 193 1 (1) by striking ‘‘MARRIED INDIVIDUALS.—In 2 the case of’’ and inserting the following: ‘‘MARRIED 3 INDIVIDUALS.— 4 ‘‘(1) IN 5 (2) by adding at the end the following new 6 ‘‘(2) DETERMINATION OF MARITAL STATUS.— For purposes of this section— 9 ‘‘(A) IN GENERAL.—Except as provided in 10 subparagraph (B), marital status shall be deter- 11 mined under section 7703(a). 12 ‘‘(B) SPECIAL RULE 13 SPOUSE.—An 14 married if such individual— FOR SEPARATED individual shall not be treated as 15 ‘‘(i) is married (as determined under 16 section 7703(a)) and does not file a joint 17 return for the taxable year, 18 ‘‘(ii) lives with a qualifying child of 19 the individual for more than one-half of 20 such taxable year, and 21 ‘‘(iii)(I) during the last 6 months of 22 such taxable year, does not have the same 23 principal place of abode as the individual’s 24 spouse, or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 the case of’’, and paragraph: 7 8 GENERAL.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 194 1 ‘‘(II) has a decree, instrument, or 2 agreement (other than a decree of divorce) 3 described in section 121(d)(3)(C) with re- 4 spect to the individual’s spouse and is not 5 a member of the same household with the 6 individual’s spouse by the end of the tax- 7 able year.’’. 8 (b) CONFORMING AMENDMENTS.— 9 (1) Section 32(c)(1)(A) of such Code is amend- 10 ed by striking the last sentence. 11 (2) Section 32(c)(1)(E)(ii) of such Code is 12 amended by striking ‘‘(within the meaning of section 13 7703)’’. 14 (3) Section 32(d)(1) of such Code, as amended 15 by subsection (a), is amended by striking ‘‘(within 16 the meaning of section 7703)’’. 17 (c) EFFECTIVE DATE.—The amendments made by 18 this section shall apply to taxable years beginning after 19 the date of the enactment of this Act. 20 SEC. 20124. ELIMINATION OF DISQUALIFIED INVESTMENT 21 22 INCOME TEST. (a) IN GENERAL.—Section 32 of the Internal Rev- 23 enue Code of 1986 is amended by striking subsection (i). 24 (b) CONFORMING AMENDMENTS.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 195 1 (1) Section 32(j)(1) of such Code is amended 2 by striking ‘‘subsections (b)(2) and (i)(1)’’ and in- 3 serting ‘‘subsection (b)(2)’’. 4 (2) Section 32(j)(1)(B)(i) of such Code is 5 amended by striking ‘‘subsections (b)(2)(A) and 6 (i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’. 7 (3) Section 32(j)(2) of such Code is amended— 8 (A) by striking subparagraph (B), and 9 (B) by striking ‘‘ROUNDING.—’’ and all 10 that follows through ‘‘If any dollar amount’’ 11 and inserting the following: ‘‘ROUNDING.—If 12 any dollar amount’’. 13 (c) EFFECTIVE DATE.—The amendments made by 14 this section shall apply to taxable years beginning after 15 the date of the enactment of this Act. 16 SEC. 20125. APPLICATION OF EARNED INCOME TAX CREDIT 17 IN POSSESSIONS OF THE UNITED STATES. 18 (a) IN GENERAL.—Chapter 77 of the Internal Rev- 19 enue Code of 1986 is amended by adding at the end the 20 following new section: 21 ‘‘SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT 22 23 TO POSSESSIONS OF THE UNITED STATES. ‘‘(a) PUERTO RICO.— 24 25 ‘‘(1) IN 12:13 May 12, 2020 respect to calendar year 2021 and each calendar year thereafter, the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—With Jkt 000000 (763351 3) PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 196 1 Secretary shall, except as otherwise provided in this 2 subsection, make payments to Puerto Rico equal 3 to— 4 ‘‘(A) the specified matching amount for 5 such calendar year, plus 6 ‘‘(B) in the case of calendar years 2021 7 through 2025, the lesser of— 8 ‘‘(i) the expenditures made by Puerto 9 Rico during such calendar year for edu- 10 cation efforts with respect to individual 11 taxpayers and tax return preparers relat- 12 ing to the earned income tax credit, or 13 ‘‘(ii) $1,000,000. 14 ‘‘(2) REQUIREMENT 15 COME TAX CREDIT.—The 16 any payments under paragraph (1) with respect to 17 any calendar year unless Puerto Rico has in effect 18 an earned income tax credit for taxable years begin- 19 ning in or with such calendar year which (relative to 20 the earned income tax credit which was in effect for 21 taxable years beginning in or with calendar year 22 2019) increases the percentage of earned income 23 which is allowed as a credit for each group of indi- 24 viduals with respect to which such percentage is sep- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO REFORM EARNED IN- 12:13 May 12, 2020 Jkt 000000 Secretary shall not make (763351 3) PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 197 1 arately stated or determined in a manner designed 2 to substantially increase workforce participation. 3 ‘‘(3) SPECIFIED 4 poses of this subsection— 5 ‘‘(A) IN GENERAL.—The pur- term ‘specified 6 matching amount’ means, with respect to any 7 calendar year, the lesser of— 8 ‘‘(i) the excess (if any) of— 9 ‘‘(I) the cost to Puerto Rico of 10 the earned income tax credit for tax- 11 able years beginning in or with such 12 calendar year, over 13 ‘‘(II) the base amount for such 14 calendar year, or 15 ‘‘(ii) the product of 3, multiplied by 16 the base amount for such calendar year. 17 ‘‘(B) BASE 18 AMOUNT.— ‘‘(i) BASE AMOUNT FOR 2020.—In the 19 case of calendar year 2020, the term ‘base 20 amount’ means the greater of— 21 ‘‘(I) the cost to Puerto Rico of 22 the earned income tax credit for tax- 23 able years beginning in or with cal- 24 endar year 2019 (rounded to the 25 nearest multiple of $1,000,000), or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MATCHING AMOUNT.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 198 1 ‘‘(II) $200,000,000. 2 ‘‘(ii) INFLATION 3 the case of any calendar year after 2021, 4 the term ‘base amount’ means the dollar 5 amount determined under clause (i) in- 6 creased by an amount equal to— 7 ‘‘(I) such dollar amount, multi- 8 plied by— 9 ‘‘(II) the cost-of-living adjust- 10 ment determined under section 1(f)(3) 11 for such calendar year, determined by 12 substituting ‘calendar year 2020’ for 13 ‘calendar year 2016’ in subparagraph 14 (A)(ii) thereof. 15 Any amount determined under this clause 16 shall be rounded to the nearest multiple of 17 $1,000,000. 18 19 ‘‘(4) RULES RELATED TO PAYMENTS AND RE- PORTS.— 20 ‘‘(A) TIMING OF PAYMENTS.—The Sec- 21 retary shall make payments under paragraph 22 (1) for any calendar year— 23 ‘‘(i) after receipt of the report de- 24 scribed in subparagraph (B) for such cal- 25 endar year, and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ADJUSTMENT.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 199 1 ‘‘(ii) except as provided in clause (i), 2 within a reasonable period of time before 3 the due date for individual income tax re- 4 turns (as determined under the laws of 5 Puerto Rico) for taxable years which began 6 on the first day of such calendar year. 7 ‘‘(B) ANNUAL respect to 8 calendar year 2021 and each calendar year 9 thereafter, Puerto Rico shall provide to the Sec- 10 retary a report which shall include— 11 ‘‘(i) an estimate of the costs described 12 in paragraphs (1)(B)(i) and (3)(A)(i)(I) 13 with respect to such calendar year, and 14 ‘‘(ii) a statement of such costs with 15 respect to the preceding calendar year. 16 ‘‘(C) ADJUSTMENTS.— 17 ‘‘(i) IN GENERAL.—In the event that 18 any estimate of an amount is more or less 19 than the actual amount as later deter- 20 mined and any payment under paragraph 21 (1) was determined on the basis of such 22 estimate, proper payment shall be made 23 by, or to, the Secretary (as the case may 24 be) as soon as practicable after the deter- 25 mination that such estimate was inac- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REPORTS.—With 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 200 1 curate. Proper adjustment shall be made in 2 the amount of any subsequent payments 3 made under paragraph (1) to the extent 4 that proper payment is not made under the 5 preceding sentence before such subsequent 6 payments. 7 ‘‘(ii) REPORTS.—The 8 Secretary may require such additional peri- 9 odic reports of the information described in 10 subparagraph (B) as the Secretary deter- 11 mines appropriate to facilitate timely ad- 12 justments under clause (i). 13 ‘‘(D) DETERMINATION OF COST OF 14 EARNED INCOME TAX CREDIT.—For 15 of this subsection, the cost to Puerto Rico of 16 the earned income tax credit shall be deter- 17 mined by the Secretary on the basis of the laws 18 of Puerto Rico and shall include reductions in 19 revenues received by Puerto Rico by reason of 20 such credit and refunds attributable to such 21 credit, but shall not include any administrative 22 costs with respect to such credit. 23 ‘‘(E) PREVENTION purposes OF MANIPULATION OF 24 BASE AMOUNT.—No 25 under paragraph (1) if the earned income tax g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ADDITIONAL 12:13 May 12, 2020 Jkt 000000 payments shall be made (763351 3) PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 201 1 credit as in effect in Puerto Rico for taxable 2 years beginning in or with calendar year 2019 3 is modified after the date of the enactment of 4 this subsection. 5 6 ‘‘(b) POSSESSIONS WITH MIRROR CODE TAX SYSTEMS.— 7 ‘‘(1) IN respect to calendar 8 year 2020 and each calendar year thereafter, the 9 Secretary shall, except as otherwise provided in this 10 subsection, make payments to the Virgin Islands, 11 Guam, and the Commonwealth of the Northern Mar- 12 iana Islands equal to— 13 ‘‘(A) 75 percent of the cost to such posses- 14 sion of the earned income tax credit for taxable 15 years beginning in or with such calendar year, 16 plus 17 ‘‘(B) in the case of calendar years 2020 18 through 2024, the lesser of— 19 ‘‘(i) the expenditures made by such 20 possession during such calendar year for 21 education efforts with respect to individual 22 taxpayers and tax return preparers relat- 23 ing to such earned income tax credit, or 24 ‘‘(ii) $50,000. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—With 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 202 1 ‘‘(2) APPLICATION 2 similar to the rules of subparagraphs (A), (B), (C), 3 and (D) of subsection (a)(4) shall apply for purposes 4 of this subsection. 5 ‘‘(c) AMERICAN SAMOA.— 6 ‘‘(1) IN GENERAL.—With respect to calendar 7 year 2020 and each calendar year thereafter, the 8 Secretary shall, except as otherwise provided in this 9 subsection, make payments to American Samoa 10 equal to— 11 ‘‘(A) the lesser of— 12 ‘‘(i) 75 percent of the cost to Amer- 13 ican Samoa of the earned income tax cred- 14 it for taxable years beginning in or with 15 such calendar year, or 16 ‘‘(ii) $12,000,000, plus 17 ‘‘(B) in the case of calendar years 2020 18 through 2024, the lesser of— 19 ‘‘(i) the expenditures made by Amer- 20 ican Samoa during such calendar year for 21 education efforts with respect to individual 22 taxpayers and tax return preparers relat- 23 ing to such earned income tax credit, or 24 ‘‘(ii) $50,000. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF CERTAIN RULES.—Rules 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 203 1 ‘‘(2) REQUIREMENT 2 AN EARNED INCOME TAX CREDIT.—The 3 shall not make any payments under paragraph (1) 4 with respect to any calendar year unless American 5 Samoa has in effect an earned income tax credit for 6 taxable years beginning in or with such calendar 7 year which allows a refundable tax credit to individ- 8 uals on the basis of the taxpayer’s earned income 9 which is designed to substantially increase workforce 10 Secretary participation. 11 ‘‘(3) INFLATION ADJUSTMENT.—In the case of 12 any calendar year after 2020, the $12,000,000 13 amount in paragraph (1)(A)(ii) shall be increased by 14 an amount equal to— 15 ‘‘(A) such dollar amount, multiplied by— 16 ‘‘(B) the cost-of-living adjustment deter- 17 mined under section 1(f)(3) for such calendar 18 year, determined by substituting ‘calendar year 19 2019’ for ‘calendar year 2016’ in subparagraph 20 (A)(ii) thereof. 21 Any increase determined under this clause shall be 22 rounded to the nearest multiple of $100,000. 23 24 ‘‘(4) APPLICATION 12:13 May 12, 2020 OF CERTAIN RULES.—Rules similar to the rules of subparagraphs (A), (B), (C), g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO ENACT AND MAINTAIN Jkt 000000 (763351 3) PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 204 1 and (D) of subsection (a)(4) shall apply for purposes 2 of this subsection. 3 ‘‘(d) TREATMENT OF PAYMENTS.—For purposes of 4 section 1324 of title 31, United States Code, the payments 5 under this section shall be treated in the same manner 6 as a refund due from a credit provision referred to in sub7 section (b)(2) of such section.’’. 8 (b) CLERICAL AMENDMENT.—The table of sections 9 for chapter 77 of the Internal Revenue Code of 1986 is 10 amended by adding at the end the following new item: ‘‘Sec. 7529. Application of earned income tax credit to possessions of the United States.’’. 11 SEC. 20126. TEMPORARY SPECIAL RULE FOR DETERMINING 12 EARNED INCOME FOR PURPOSES OF EARNED 13 INCOME TAX CREDIT. 14 (a) IN GENERAL.—If the earned income of the tax- 15 payer for the taxpayer’s first taxable year beginning in 16 2020 is less than the earned income of the taxpayer for 17 the preceding taxable year, the credit allowed under sec18 tion 32 of the Internal Revenue Code of 1986 may, at 19 the election of the taxpayer, be determined by sub20 stituting-— 21 22 (1) such earned income for the preceding taxable year, for 23 24 (2) such earned income for the taxpayer’s first taxable year beginning in 2020. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 205 1 (b) EARNED INCOME.— 2 (1) IN purposes of this section, 3 the term ‘‘earned income’’ has the meaning given 4 such term under section 32(c) of the Internal Rev- 5 enue Code of 1986. 6 (2) APPLICATION TO JOINT RETURNS.—For 7 purposes of subsection (a), in the case of a joint re- 8 turn, the earned income of the taxpayer for the pre- 9 ceding taxable year shall be the sum of the earned 10 income of each spouse for such preceding taxable 11 year. 12 (c) SPECIAL RULES.— 13 (1) 14 ERROR.—For 15 nal Revenue Code of 1986, an incorrect use on a re- 16 turn of earned income pursuant to subsection (a) 17 shall be treated as a mathematical or clerical error. 18 ERRORS (2) NO TREATED AS MATHEMATICAL purposes of section 6213 of the Inter- EFFECT ON DETERMINATION OF GROSS 19 INCOME, ETC.—Except 20 subsection, the Internal Revenue Code of 1986 shall 21 be applied without regard to any substitution under 22 subsection (a). 23 (d) TREATMENT OF CERTAIN POSSESSIONS.— 24 25 (1) PAYMENTS 12:13 May 12, 2020 as otherwise provided in this TO POSSESSIONS WITH MIRROR CODE TAX SYSTEMS.—The g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—For Jkt 000000 Secretary of the Treas- (763351 3) PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 206 1 ury shall pay to each possession of the United States 2 which has a mirror code tax system amounts equal 3 to the loss (if any) to that possession by reason of 4 the application of the provisions of this section 5 (other than this subsection) with respect to section 6 32 of the Internal Revenue Code of 1986. Such 7 amounts shall be determined by the Secretary of the 8 Treasury based on information provided by the gov- 9 ernment of the respective possession. 10 (2) PAYMENTS 11 Secretary of the Treasury shall pay to each posses- 12 sion of the United States which does not have a mir- 13 ror code tax system amounts estimated by the Sec- 14 retary of the Treasury as being equal to the aggre- 15 gate benefits (if any) that would have been provided 16 to residents of such possession by reason of the pro- 17 visions of this section (other than this subsection) 18 with respect to section 32 of the Internal Revenue 19 Code of 1986 if a mirror code tax system had been 20 in effect in such possession. The preceding sentence 21 shall not apply unless the respective possession has 22 a plan, which has been approved by the Secretary of 23 the Treasury, under which such possession will 24 promptly distribute such payments to its residents. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO OTHER POSSESSIONS.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 207 1 (3) MIRROR CODE TAX SYSTEM.—For purposes 2 of this section, the term ‘‘mirror code tax system’’ 3 means, with respect to any possession of the United 4 States, the income tax system of such possession if 5 the income tax liability of the residents of such pos- 6 session under such system is determined by ref- 7 erence to the income tax laws of the United States 8 as if such possession were the United States. 9 (4) TREATMENT OF PAYMENTS.—For purposes 10 of section 1324 of title 31, United States Code, the 11 payments under this section shall be treated in the 12 same manner as a refund due from a credit provi- 13 sion referred to in subsection (b)(2) of such section. 14 15 Subtitle D—Child Tax Credit SEC. 20131. CHILD TAX CREDIT IMPROVEMENTS FOR 2020. 16 (a) IN GENERAL.—Section 24 of the Internal Rev- 17 enue Code of 1986 is amended by adding at the end the 18 following new subsection: 19 ‘‘(i) SPECIAL RULES FOR 2020.—In the case of any 20 taxable year beginning in 2020— 21 ‘‘(1) REFUNDABLE (h)(5) 22 shall not apply and the increase determined under 23 the first sentence of subsection (d)(1) shall be the 24 amount determined under subsection (d)(1)(A) (de- 25 termined without regard to subsection (h)(4)). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CREDIT.—Subsection 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 208 1 ‘‘(2) CREDIT AMOUNT.—Subsection (h)(2) shall 2 not apply and subsection (a) shall be applied by sub- 3 stituting ‘$3,000 ($3,600 in the case of a qualifying 4 child who has not attained age 6 as of the close of 5 the calendar year in which the taxable year of the 6 taxpayer begins)’ for ‘$1,000’. 7 ‘‘(3) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT 8 AS QUALIFYING CHILDREN.—This 9 applied— 10 section shall be ‘‘(A) by substituting ‘age 18’ for ‘age 17’ 11 in subsection (c)(1), and 12 ‘‘(B) by substituting ‘described in sub- 13 section (c) (determined after the application of 14 subsection (i)(3)(A))’ for ‘described in sub- 15 section (c)’ in subsection (h)(4)(A).’’. 16 (b) ADVANCE PAYMENT OF CREDIT.— 17 (1) IN GENERAL.—Chapter 77 of such Code is 18 amended by inserting after section 7527 the fol- 19 lowing new section: 20 ‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT. 21 ‘‘(a) IN GENERAL.—As soon as practicable after the 22 date of the enactment of this Act, the Secretary shall es23 tablish a program for making advance payments of the 24 credit allowed under subsection (a) of section 24 on a 25 monthly basis (determined without regard to subsection g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 209 1 (i)(4)) of such section), or as frequently as the Secretary 2 determines to be administratively feasible, to taxpayers de3 termined to be eligible for advance payment of such credit. 4 ‘‘(b) LIMITATION.— 5 ‘‘(1) IN Secretary may make 6 payments under subsection (a) only to the extent 7 that the total amount of such payments made to any 8 taxpayer during the taxable year does not exceed an 9 amount equal to the excess, if any, of— 10 ‘‘(A) subject to paragraph (2), the amount 11 determined under subsection (a) of section 24 12 with respect to such taxpayer (determined with- 13 out regard to subsection (i)(4)) of such section) 14 for such taxable year, over 15 ‘‘(B) the estimated tax imposed by subtitle 16 A, as reduced by the credits allowable under 17 subparts A and C (other than section 24) of 18 such part IV, with respect to such taxpayer for 19 such taxable year, as determined in such man- 20 ner as the Secretary deems appropriate. 21 ‘‘(2) APPLICATION OF THRESHOLD AMOUNT 22 LIMITATION.—The 23 (a) shall make reasonable efforts to apply the limita- 24 tion of section 24(b) with respect to payments made 25 under such program. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 program described in subsection (763351 3) PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 210 1 ‘‘(c) APPLICATION.—The advance payments de- 2 scribed in this section shall only be made with respect to 3 credits allowed under section 24 for taxable years begin4 ning during 2020.’’. 5 (2) RECONCILIATION 6 CREDIT.—Section 7 subsection (a), is amended by adding at the end the 8 following new paragraph: 9 24(i) of such Code, as amended by ‘‘(4) RECONCILIATION 10 VANCE CREDIT.— 11 ‘‘(A) IN OF CREDIT GENERAL.—The AND AD- amount of the 12 credit allowed under this section for any taxable 13 year shall be reduced (but not below zero) by 14 the aggregate amount of any advance payments 15 of such credit under section 7527A for such 16 taxable year. 17 ‘‘(B) EXCESS ADVANCE PAYMENTS.—If the 18 aggregate amount of advance payments under 19 section 7527A for the taxable year exceeds the 20 amount of the credit allowed under this section 21 for such taxable year (determined without re- 22 gard to subparagraph (A)), the tax imposed by 23 this chapter for such taxable year shall be in- 24 creased by the amount of such excess.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF CREDIT AND ADVANCE 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 211 1 (3) CLERICAL AMEMDMENT.—The table of sec- 2 tions for chapter 77 of such Code is amended by in- 3 serting after the item relating to section 7527 the 4 following new item: ‘‘Sec. 7527A. Advance payment of child tax credit.’’. 5 (c) EFFECTIVE DATE.—The amendments made by 6 this section shall apply to taxable years beginning after 7 December 31, 2019. 8 SEC. 20132. APPLICATION OF CHILD TAX CREDIT IN POS- 9 10 SESSIONS. (a) IN GENERAL.—Section 24 of the Internal Rev- 11 enue Code of 1986 is amended by adding at the end the 12 following new subsection: 13 ‘‘(i) APPLICATION OF CREDIT IN POSSESSIONS.— 14 ‘‘(1) MIRROR 15 ‘‘(A) IN GENERAL.—The Secretary shall 16 pay to each possession of the United States 17 with a mirror code tax system amounts equal to 18 the loss to that possession by reason of the ap- 19 plication of this section (determined without re- 20 gard to this subsection) with respect to taxable 21 years beginning after 2019. Such amounts shall 22 be determined by the Secretary based on infor- 23 mation provided by the government of the re- 24 spective possession. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CODE POSSESSIONS.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 212 1 ‘‘(B) COORDINATION CREDIT AL- 2 LOWED 3 TAXES.—No 4 section for any taxable year to any individual to 5 whom a credit is allowable against taxes im- 6 posed by a possession with a mirror code tax 7 system by reason of the application of this sec- 8 tion in such possession for such taxable year. 9 AGAINST UNITED STATES INCOME credit shall be allowed under this ‘‘(C) MIRROR CODE TAX SYSTEM.—For 10 purposes of this paragraph, the term ‘mirror 11 code tax system’ means, with respect to any 12 possession of the United States, the income tax 13 system of such possession if the income tax li- 14 ability of the residents of such possession under 15 such system is determined by reference to the 16 income tax laws of the United States as if such 17 possession were the United States. 18 ‘‘(2) PUERTO RICO.—In the case of any bona 19 fide resident of Puerto Rico (within the meaning of 20 section 937(a))— 21 ‘‘(A) the credit determined under this sec- 22 tion shall be allowable to such resident, 23 ‘‘(B) in the case of any taxable year begin- 24 ning during 2020, the increase determined 25 under the first sentence of subsection (d)(1) g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 WITH 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 213 1 shall be the amount determined under sub- 2 section (d)(1)(A) (determined without regard to 3 subsection (h)(4)), 4 ‘‘(C) in the case of any taxable year begin- 5 ning after December 31, 2020, and before Jan- 6 uary 1, 2026, the increase determined under 7 the first sentence of subsection (d)(1) shall be 8 the lesser of— 9 ‘‘(i) the amount determined under 10 subsection (d)(1)(A) (determined without 11 regard to subsection (h)(4)), or 12 ‘‘(ii) the dollar amount in effect under 13 subsection (h)(5), and 14 ‘‘(D) in the case of any taxable year after 15 December 31, 2025, the increase determined 16 under the first sentence of subsection (d)(1) 17 shall be the amount determined under sub- 18 section (d)(1)(A). 19 ‘‘(3) AMERICAN 20 ‘‘(A) IN GENERAL.—The Secretary shall 21 pay to American Samoa amounts estimated by 22 the Secretary as being equal to the aggregate 23 benefits that would have been provided to resi- 24 dents of American Samoa by reason of the ap- 25 plication of this section for taxable years begin- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 SAMOA.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 214 1 ning after 2019 if the provisions of this section 2 had been in effect in American Samoa. 3 ‘‘(B) DISTRIBUTION 4 paragraph (A) shall not apply unless American 5 Samoa has a plan, which has been approved by 6 the Secretary, under which American Samoa 7 will promptly distribute such payments to the 8 residents of American Samoa in a manner 9 which replicates to the greatest degree prac- 10 ticable the benefits that would have been so 11 provided to each such resident. 12 ‘‘(C) COORDINATION 13 LOWED 14 TAXES.— 15 AGAINST ‘‘(i) IN WITH UNITED CREDIT STATES GENERAL.—In AL- INCOME the case of a 16 taxable year with respect to which a plan 17 is approved under subparagraph (B), this 18 section (other than this subsection) shall 19 not apply to any individual eligible for a 20 distribution under such plan. 21 ‘‘(ii) APPLICATION OF SECTION IN 22 EVENT 23 PLAN.—In 24 respect to which a plan is not approved 25 under subparagraph (B), rules similar to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REQUIREMENT.—Sub- 12:13 May 12, 2020 Jkt 000000 OF ABSENCE OF APPROVED the case of a taxable year with (763351 3) PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 215 1 the rules of paragraph (2) shall apply with 2 respect to bona fide residents of American 3 Samoa (within the meaning of section 4 937(a)). 5 ‘‘(4) TREATMENT OF PAYMENTS.—The pay- 6 ments made under this subsection shall be treated in 7 the same manner for purposes of section 1324(b)(2) 8 of title 31, United States Code, as refunds due from 9 the credit allowed under this section.’’. 10 (b) EFFECTIVE DATE.—The amendment made by 11 this section shall apply to taxable years beginning after 12 December 31, 2019. 13 Subtitle E—Dependent Care Assistance 14 SEC. 20141. REFUNDABILITY AND ENHANCEMENT OF CHILD 15 AND DEPENDENT CARE TAX CREDIT. 16 (a) IN GENERAL.—Section 21 of the Internal Rev- 17 enue Code of 1986 is amended by adding at the end the 18 following new subsection: 19 ‘‘(g) SPECIAL RULES FOR 2020.—In the case of any 20 taxable year beginning after December 31, 2019, and be21 fore January 1, 2021— 22 ‘‘(1) CREDIT the case 23 of an individual other than a nonresident alien, the 24 credit allowed under subsection (a) shall be treated g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MADE REFUNDABLE.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 216 1 as a credit allowed under subpart C (and not allowed 2 under this subpart). 3 ‘‘(2) INCREASE 4 IN APPLICABLE PERCENTAGE.— Subsection (a)(2) shall be applied— 5 ‘‘(A) by substituting ‘50 percent’ for ‘35 6 percent ’, and 7 ‘‘(B) 8 ‘$15,000’. 9 ‘‘(3) INCREASE 10 by substituting for IN DOLLAR LIMIT ON AMOUNT CREDITABLE.—Subsection 11 ‘$120,000’ (c) shall be applied— ‘‘(A) by substituting ‘$6,000’ for ‘$3,000’ 12 in paragraph (1) thereof, and 13 ‘‘(B) by substituting ‘twice the amount in 14 effect under paragraph (1)’ for ‘$6,000’ in 15 paragraph (2) thereof.’’. 16 (b) CONFORMING AMENDMENT.—Section 1324(b)(2) 17 of title 31, United States Code, is amended by inserting 18 ‘‘21 (by reason of subsection (g) thereof),’’ before ‘‘25A’’. 19 20 (c) COORDINATION WITH POSSESSION TAX SYSTEMS.—Section 21(g)(1) of the Internal Revenue Code of 21 1986 (as added by this section) shall not apply to any per22 son— 23 (1) to whom a credit is allowed against taxes 24 imposed by a possession with a mirror code tax sys- 25 tem by reason of the application of section 21 of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 217 1 such Code in such possession for such taxable year, 2 or 3 (2) to whom a credit would be allowed against 4 taxes imposed by a possession which does not have 5 a mirror code tax system if the provisions of section 6 21 of such Code had been in effect in such posses- 7 sion for such taxable year. 8 (d) EFFECTIVE DATE.—The amendments made by 9 this section shall apply to taxable years beginning after 10 December 31, 2019. 11 SEC. 20142. INCREASE IN EXCLUSION FOR EMPLOYER-PRO- 12 13 VIDED DEPENDENT CARE ASSISTANCE. (a) IN GENERAL.—Section 129(a)(2) of the Internal 14 Revenue Code of 1986 is amended by adding at the end 15 the following new subparagraph: 16 ‘‘(D) SPECIAL RULE FOR 2020.—In the 17 case of any taxable year beginning during 2020, 18 subparagraph (A) shall be applied be sub- 19 stituting ‘$10,500 (half such dollar amount’ for 20 ‘$5,000 ($2,500’.’’. 21 (b) EFFECTIVE DATE.—The amendment made by 22 this section shall apply to taxable years beginning after 23 December 31, 2019. 24 (c) RETROACTIVE PLAN AMENDMENTS.—A plan or 25 other arrangement that otherwise satisfies all applicable g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 218 1 requirements of sections 106, 125, and 129 of the Internal 2 Revenue Code of 1986 (including any rules or regulations 3 thereunder) shall not fail to be treated as a cafeteria plan 4 or dependent care flexible spending arrangement merely 5 because such plan or arrangement is amended pursuant 6 to a provision under this section and such amendment is 7 retroactive, if— 8 (1) such amendment is adopted no later than 9 the last day of the plan year in which the amend- 10 ment is effective, and 11 (2) the plan or arrangement is operated con- 12 sistent with the terms of such amendment during 13 the period beginning on the effective date of the 14 amendment and ending on the date the amendment 15 is adopted. 16 Subtitle F—Flexibility for Certain Employee Benefits 17 SEC. 20151. INCREASE IN CARRYOVER FOR HEALTH FLEXI- 18 BLE SPENDING ARRANGEMENTS. 19 (a) IN GENERAL.—A plan or other arrangement that 20 otherwise satisfies all of the applicable requirements of 21 sections 106 and 125 of the Internal Revenue Code of 22 1986 (including any rules or regulations thereunder) shall 23 not fail to be treated as a cafeteria plan or health flexible 24 spending arrangement merely because such plan or ar25 rangement permits participants to carry over an amount g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 219 1 not in excess of $2,750 of unused benefits or contributions 2 remaining in a health flexible spending arrangement from 3 the plan year ending in 2020 to the plan year ending in 4 2021. 5 (b) DEFINITIONS.—Any term used in this section 6 which is also used in section 106 or 125 of the Internal 7 Revenue Code of 1986 or the rules or regulations there8 under shall have the same meaning as when used in such 9 section or rules or regulations. 10 SEC. 20152. CARRYOVER FOR DEPENDENT CARE FLEXIBLE 11 12 SPENDING ARRANGEMENTS. (a) IN GENERAL.—A plan or other arrangement that 13 otherwise satisfies all applicable requirements of sections 14 106, 125, and 129 of the Internal Revenue Code of 1986 15 (including any rules or regulations thereunder) shall not 16 fail to be treated as a cafeteria plan or dependent care 17 flexible spending arrangement merely because such plan 18 or arrangement permits participants to carry over (under 19 rules similar to the rules applicable to health flexible 20 spending arrangements) an amount, not in excess of the 21 amount in effect under section 129(a)(2)(A) of such Code, 22 of unused benefits or contributions remaining in a depend23 ent care flexible spending arrangement from the plan year 24 ending in 2020 to the plan year ending in 2021. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 220 1 (b) DEFINITIONS.—Any term used in this section 2 which is also used in section 106, 125, or 129 of the Inter3 nal Revenue Code of 1986 or the rules or regulations 4 thereunder shall have the same meaning as when used in 5 such section or rules or regulations. 6 SEC. 20153. CARRYOVER OF PAID TIME OFF. 7 (a) IN GENERAL.—A plan that otherwise satisfies all 8 applicable requirements of section 125 of the Internal Rev9 enue Code of 1986 (including any rules or regulations 10 thereunder) shall not fail to be treated as a cafeteria plan 11 merely because such plan permits participants to carry 12 over (under rules similar to the rules applicable to health 13 flexible spending arrangements) any amount of paid time 14 off (without limitation) from the plan year ending in 2020 15 to the plan year ending in 2021. 16 (b) DEFINITIONS.—Any term used in this section 17 which is also used in section 125 of the Internal Revenue 18 Code of 1986 or the rules or regulations thereunder shall 19 have the same meaning as when used in such section or 20 rules or regulations. 21 SEC. 20154. CHANGE IN ELECTION AMOUNT. 22 (a) IN GENERAL.—A plan or other arrangement that 23 otherwise satisfies all applicable requirements of sections 24 106 and 125 of the Internal Revenue Code of 1986 (in25 cluding any rules or regulations thereunder) shall not fail g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 221 1 to be treated as a cafeteria plan or health flexible spending 2 arrangement merely because such plan or arrangement al3 lows an employee to make, with respect to the remaining 4 portion of a period of coverage within the applicable pe5 riod— 6 (1) an election modifying the amount of such 7 employee’s contributions to such a health flexible 8 spending arrangement (without regard to any 9 change in status), or 10 11 (2) an election modifying the amount of such employee’s elective paid time off. 12 Any election as modified under paragraph (1) shall not 13 exceed the limitation applicable under section 125(i) for 14 the taxable year. 15 (b) ONE-TIME APPLICATION.—Paragraphs (1) and 16 (2) of subsection (a) shall each apply to only 1 election 17 change described in such paragraph with respect to an em18 ployee (in addition to any other election changes during 19 a period of coverage permitted under the plan or arrange20 ment without regard to this section). 21 (c) APPLICABLE PERIOD.—For purposes of this sec- 22 tion, the term ‘‘applicable period’’ means the period begin23 ning on the date of the enactment of this Act and ending 24 on December 31, 2020. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 222 1 (d) DEFINITIONS.—Any term used in this section 2 which is also used in section 106 or 125 of the Internal 3 Revenue Code of 1986 or the rules or regulations there4 under shall have the same meaning as when used in such 5 section or rules or regulations. 6 SEC. 20155. EXTENSION OF GRACE PERIODS, ETC. 7 (a) IN GENERAL.—A plan or other arrangement that 8 otherwise satisfies all applicable requirements of sections 9 106, 125, or 129 of the Internal Revenue Code (including 10 any rules or regulations thereunder) shall not fail to be 11 treated as a cafeteria plan, health flexible spending ar12 rangement, or dependent care flexible spending arrange13 ment (whichever is applicable) merely because such plan 14 or arrangement extends the grace period for the plan year 15 ending in 2020 to 12 months after the end of such plan 16 year, with respect to unused benefits or contributions re17 maining in a health flexible spending arrangement or a 18 dependent care flexible spending arrangement. 19 (b) POST-TERMINATION REIMBURSEMENTS FROM 20 HEALTH FSAS.—A plan or other arrangement that other21 wise satisfies all applicable requirements of sections 106 22 and 125 of the Internal Revenue Code of 1986 (including 23 any rules or regulations thereunder) shall not fail to be 24 treated as a cafeteria plan or health flexible spending ar25 rangement merely because such plan or arrangement al- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 223 1 lows (under rules similar to the rules applicable to depend2 ent care flexible spending arrangements) an employee who 3 ceases participation in the plan during calendar year 2020 4 to continue to receive reimbursements from unused bene5 fits or contributions through the end of the plan year (in6 cluding any grace period, taking into account any modi7 fication of a grace period permitted under subsection (a)). 8 (c) DEFINITIONS.—Any term used in this section 9 which is also used in section 106, 125, or 129 of the Inter10 nal Revenue Code of 1986 or the rules or regulations 11 thereunder shall have the same meaning as when used in 12 such section or rules or regulations. 13 SEC. 20156. PLAN AMENDMENTS. 14 A plan or other arrangement that otherwise satisfies 15 all applicable requirements of sections 106, 125, and 129 16 of the Internal Revenue Code of 1986 (including any rules 17 or regulations thereunder) shall not fail to be treated as 18 a cafeteria plan, health flexible spending arrangement, or 19 dependent care flexible spending arrangement merely be20 cause such plan or arrangement is amended pursuant to 21 a provision under this subtitle and such amendment is ret22 roactive, if— 23 (1) such amendment is adopted no later than 24 the last day of the plan year in which the amend- 25 ment is effective, and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 224 1 (2) the plan or arrangement is operated con- 2 sistent with the terms of such amendment during 3 the period beginning on the effective date of the 4 amendment and ending on the date the amendment 5 is adopted. 6 Subtitle G—Deduction of State and Local Taxes 7 SEC. 20161. ELIMINATION FOR 2020 AND 2021 OF LIMITA- 8 TION ON DEDUCTION OF STATE AND LOCAL 9 TAXES. 10 (a) IN GENERAL.—Section 164(b)(6)(B) of the Inter- 11 nal Revenue Code of 1986 is amended by inserting ‘‘in 12 the case of a taxable year beginning before January 1, 13 2020, or after December 31, 2021,’’ before ‘‘the aggregate 14 amount of taxes’’. 15 (b) CONFORMING AMENDMENTS.—Section 164(b)(6) 16 of the Internal Revenue Code of 1986 is amended— 17 (1) by striking ‘‘For purposes of subparagraph 18 (B)’’ and inserting ‘‘For purposes of this section’’, 19 (2) by striking ‘‘January 1, 2018’’ and insert- 20 ing ‘‘January 1, 2022’’, 21 22 (3) by striking ‘‘December 31, 2017, shall’’ and inserting ‘‘December 31, 2021, shall’’, and 23 (4) by adding at the end the following: ‘‘For 24 purposes of this section, in the case of State or local 25 taxes with respect to any real or personal property g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 225 1 paid during a taxable year beginning in 2020 or 2 2021, the Secretary shall prescribe rules which treat 3 all or a portion of such taxes as paid in a taxable 4 year or years other than the taxable year in which 5 actually paid as necessary or appropriate to prevent 6 the avoidance of the limitations of this subsection.’’. 7 (c) EFFECTIVE DATE.—The amendments made by 8 this section shall apply to taxes paid or accrued in taxable 9 years beginning after December 31, 2019. 10 TITLE II—ADDITIONAL RELIEF FOR WORKERS 11 Subtitle A—Additional Relief 12 SEC. 20201. INCREASE IN ABOVE-THE-LINE DEDUCTION FOR 13 CERTAIN EXPENSES OF ELEMENTARY AND 14 SECONDARY SCHOOL TEACHERS. 15 (a) INCREASE.—Section 62(a)(2)(D) of the Internal 16 Revenue Code of 1986 is amended by striking ‘‘$250’’ and 17 inserting ‘‘$500’’. 18 (b) CONFORMING AMENDMENTS.—Section 62(d)(3) 19 of the Internal Revenue Code of 1986 is amended— 20 (1) by striking ‘‘2015’’ and inserting ‘‘2020’’, 21 (2) by striking ‘‘$250’’ and inserting ‘‘$500’’, 22 and 23 24 (3) in subparagraph (B), by striking ‘‘2014’’ and inserting ‘‘2019’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 226 1 (c) EFFECTIVE DATE.—The amendments made by 2 this section shall apply to taxable years beginning after 3 December 31, 2019. 4 SEC. 20202. ABOVE-THE-LINE DEDUCTION ALLOWED FOR 5 6 CERTAIN EXPENSES OF FIRST RESPONDERS. (a) IN GENERAL.—Section 62(a)(2) of the Internal 7 Revenue Code of 1986 is amended by adding at the end 8 the following new subparagraph: 9 ‘‘(F) CERTAIN EXPENSES OF FIRST RE- 10 SPONDERS.—The 11 162 which consist of expenses, not in excess of 12 $500, paid or incurred by a first responder— deductions allowed by section 13 ‘‘(i) as tuition or fees for the partici- 14 pation of the first responder in profes- 15 sional development courses related to serv- 16 ice as a first responder, or 17 ‘‘(ii) for uniforms used by the first re- 18 19 sponder in service as a first responder.’’. (b) FIRST RESPONDER DEFINED.—Section 62(d) of 20 the Internal Revenue Code of 1986 is amended by adding 21 at the end the following new paragraph: 22 ‘‘(4) FIRST purposes of sub- 23 section (a)(2)(F), the term ‘first responder’ means, 24 with respect to any taxable year, any employee who 25 provides at least 1000 hours of service during such g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RESPONDER.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 227 1 taxable year as a law enforcement officer, firefighter, 2 paramedic, or emergency medical technician.’’. 3 (c) INFLATION ADJUSTMENT.—Section 62(d)(3) of 4 the Internal Revenue Code of 1986, as amended by the 5 preceding provisions of this Act, is further amended by 6 striking ‘‘the $500 amount in subsection (a)(2)(D)’’ and 7 inserting ‘‘the $500 amount in each of subparagraphs (D) 8 and (F) of subsection (a)(2)’’. 9 (d) EFFECTIVE DATE.—The amendments made by 10 this section shall apply to taxable years beginning after 11 December 31, 2019. 12 SEC. 20203. TEMPORARY ABOVE-THE-LINE DEDUCTION FOR 13 SUPPLIES AND EQUIPMENT OF FIRST RE- 14 SPONDERS AND COVID–19 FRONT LINE EM- 15 PLOYEES. 16 (a) IN GENERAL.—Section 62(d) of the Internal Rev- 17 enue Code of 1986, as amended by the preceding provi18 sions of this Act, is amended by adding at the end of the 19 following new paragraph: 20 21 ‘‘(5) TEMPORARY ERS AND COVID–19 FRONT LINE EMPLOYEES.— 22 ‘‘(A) IN 23 12:13 May 12, 2020 GENERAL.—In the case of any taxable year beginning in 2020— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RULE FOR FIRST RESPOND- Jkt 000000 (763351 3) PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 228 1 ‘‘(i) subsection (a)(2)(F)(ii) shall be 2 applied by substituting ‘uniforms, supplies, 3 or equipment’ for ‘uniforms’, and 4 ‘‘(ii) for purposes of subsection 5 (a)(2)(F), the term ‘first responder’ shall 6 include any COVID–19 front line em- 7 ployee. 8 ‘‘(B) 9 PLOYEE.—For COVID–19 FRONT LINE EM- purposes of this paragraph, the 10 term ‘COVID–19 front line employee’ means, 11 with respect to any taxable year, any individual 12 who performs at least 1000 hours of essential 13 work (as defined in the COVID–19 Heroes 14 Fund Act except without regard to the time pe- 15 riod during which such work is performed) dur- 16 ing such taxable year as an employee in a trade 17 or business of an employer.’’. 18 (b) EFFECTIVE DATE.—The amendment made by 19 this section shall apply to taxable years beginning after 20 December 31, 2019. 21 SEC. 20204. PAYROLL CREDIT FOR CERTAIN PANDEMIC-RE- 22 LATED EMPLOYEE BENEFIT EXPENSES PAID 23 BY EMPLOYERS. 24 (a) IN GENERAL.—In the case of an employer, there 25 shall be allowed as a credit against applicable employment g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 229 1 taxes for each calendar quarter an amount equal to the 2 applicable percentage of the qualified pandemic-related 3 employee benefit expenses paid by such employer with re4 spect to such calendar quarter. 5 (b) LIMITATIONS AND REFUNDABILITY.— 6 (1) DOLLAR 7 qualified pandemic-related employee benefit expenses 8 which may be taken into account under subsection 9 (a) with respect to any employee for any calendar 10 quarter shall not exceed $5,000. 11 (2) CREDIT LIMITED TO CERTAIN EMPLOYMENT 12 TAXES.—The 13 respect to any calendar quarter shall not exceed the 14 applicable employment taxes for such calendar quar- 15 ter (reduced by any credits allowed under sub- 16 sections (e) and (f) of section 3111 of such Code, 17 sections 7001 and 7003 of the Families First 18 Coronavirus Response Act, and section 2301 of the 19 CARES Act, for such quarter) on the wages paid 20 with respect to the employment of all the employees 21 of the employer for such calendar quarter. 22 credit allowed by subsection (a) with (3) REFUNDABILITY 23 (A) IN OF EXCESS CREDIT.— GENERAL.—If the amount of the 24 credit under subsection (a) exceeds the limita- 25 tion of paragraph (2) for any calendar quarter, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 LIMITATION PER EMPLOYEE.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 230 1 such excess shall be treated as an overpayment 2 that shall be refunded under sections 6402(a) 3 and 6413(b) of the Internal Revenue Code of 4 1986. 5 (B) TREATMENT OF PAYMENTS.—For pur- 6 poses of section 1324 of title 31, United States 7 Code, any amounts due to an employer under 8 this paragraph shall be treated in the same 9 manner as a refund due from a credit provision 10 referred to in subsection (b)(2) of such section. 11 (4) COORDINATION WITH GOVERNMENT 12 GRANTS.—The 13 benefit expenses taken into account under this sec- 14 tion by any employer shall be reduced by any 15 amounts provided by and Federal, State, or local 16 government for purposes of making or reimbursing 17 such expenses. 18 (c) qualified pandemic-related employee QUALIFIED PANDEMIC-RELATED EMPLOYEE 19 BENEFIT EXPENSES.—For purposes of this section, the 20 term ‘‘qualified pandemic-related employee benefit ex21 penses’’ means any amount paid to or for the benefit of 22 an employee in the employment of the employer if— 23 (1) such amount is excludible from the gross in- 24 come of the employee under section 139 of the Inter- 25 nal Revenue Code of 1986 by reason of being a g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 231 1 qualified disaster relief payment described in sub- 2 section (b)(1) of such section with respect to a quali- 3 fied disaster described in subsection (c)(2) of such 4 section which was declared by reason of COVID–19, 5 and 6 (2) the employer elects (at such time and in 7 such manner as the Secretary may provide) to treat 8 such amount as a qualified pandemic-related em- 9 ployee benefit expense. 10 (d) APPLICABLE PERCENTAGE.—For purposes of 11 this section— 12 13 (1) IN term ‘‘applicable per- centage’’ means— 14 (A) 50 percent, in the case of qualified 15 pandemic-related employee benefit expenses 16 paid with respect to an essential employee, and 17 (B) 30 percent, in any other case. 18 (2) ESSENTIAL EMPLOYEE.—The term ‘‘essen- 19 tial employee’’ means, with respect to any employer 20 for any calendar quarter, any employee of such em- 21 ployer if a substantial portion of the services per- 22 formed by such employee for such employer during 23 such calendar quarter are essential work (as defined 24 in the COVID–19 Heroes Fund Act except without g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 232 1 regard to the time period during which such work is 2 performed). 3 (e) SPECIAL RULES; OTHER DEFINITIONS.— 4 (1) APPLICATION 5 TION RULES.—No 6 section to any employer for any calendar quarter if 7 qualified pandemic-related employee benefit expenses 8 are provided by such employer to employees for such 9 calendar quarter in a manner which discriminates in 10 favor of highly compensated individuals (within the 11 meaning of section 125) as to eligibility for, or the 12 amount of, such benefit expenses. An employer may 13 elect with respect to any calendar quarter to apply 14 this paragraph separately with respect to essential 15 employees and with respect to all other employees. 16 (2) DENIAL credit shall be allowed under this OF DOUBLE BENEFIT.—For pur- 17 poses of chapter 1 of such Code, no deduction or 18 credit (other than the credit allowed under this sec- 19 tion) shall be allowed for so much of qualified pan- 20 demic-related employee benefit expenses as is equal 21 to the credit allowed under this section. 22 (3) THIRD PARTY PAYORS.—Any credit allowed 23 under this section shall be treated as a credit de- 24 scribed in section 3511(d)(2) of such Code. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF CERTAIN NON-DISCRIMINA- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 233 1 (4) APPLICABLE TAXES.—For 2 purposes of this section, the term ‘‘applicable em- 3 ployment taxes’’ means the following: 4 (A) The taxes imposed under section 5 3111(a) of the Internal Revenue Code of 1986. 6 (B) So much of the taxes imposed under 7 section 3221(a) of such Code as are attrib- 8 utable to the rate in effect under section 9 3111(a) of such Code. 10 (5) SECRETARY.—For purposes of this section, 11 the term ‘‘Secretary’’ means the Secretary of the 12 Treasury or the Secretary’s delegate. 13 (6) CERTAIN 14 (A) IN TERMS.— GENERAL.—Any term used in this 15 section which is also used in chapter 21 or 22 16 of such Code shall have the same meaning as 17 when used in such chapter (as the case may 18 be). 19 (B) CERTAIN PROVISIONS NOT TAKEN 20 INTO ACCOUNT EXCEPT FOR PURPOSES OF LIM- 21 ITING CREDIT TO EMPLOYMENT TAXES.—For 22 purposes of subparagraph (A) (other than with 23 respect to subsection (b)(2)), section 3121(b) of 24 such Code shall be applied without regard to 25 paragraphs (1), (5), (6), (7), (8), (10), (13), g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 EMPLOYMENT 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 234 1 (18), (19), and (22) thereof (except with re- 2 spect to services performed in a penal institu- 3 tion 4 3231(e)(1) shall be applied without regard to 5 the sentence that begins ‘‘Such term does not 6 include remuneration’’. 7 10 an inmate thereof) and section (f) CERTAIN GOVERNMENTAL EMPLOYERS.— 8 9 by (1) IN GENERAL.—The credit under this section shall not be allowed to the Federal Government or any agency or instrumentality thereof. 11 (2) EXCEPTION.—Paragraph (1) shall not 12 apply to any organization described in section 13 501(c)(1) of the Internal Revenue Code of 1986 and 14 exempt from tax under section 501(a) of such Code. 15 (g) TREATMENT OF DEPOSITS.—The Secretary shall 16 waive any penalty under section 6656 of such Code for 17 any failure to make a deposit of applicable employment 18 taxes if the Secretary determines that such failure was due 19 to the anticipation of the credit allowed under this section. 20 (h) REGULATIONS.—The Secretary shall prescribe 21 such regulations or other guidance as may be necessary 22 to carry out the purposes of this section, including regula23 tions or other guidance— 24 (1) to allow the advance payment of the credit 25 determined under subsection (a), subject to the limi- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 235 1 tations provided in this section, based on such infor- 2 mation as the Secretary shall require, 3 (2) to provide for the reconciliation of such ad- 4 vance payment with the amount of the credit at the 5 time of filing the return of tax for the applicable 6 quarter or taxable year, 7 (3) for recapturing the benefit of credits deter- 8 mined under this section in cases where there is a 9 subsequent adjustment to the credit determined 10 under subsection (a), and 11 (4) with respect to the application of the credit 12 to third party payors (including professional em- 13 ployer organizations, certified professional employer 14 organizations, or agents under section 3504 of such 15 Code), including to allow such payors to submit doc- 16 umentation necessary to substantiate eligibility for, 17 and the amount of, the credit allowed under this sec- 18 tion. 19 (i) APPLICATION OF SECTION.—This section shall 20 apply only to qualified pandemic-related employee benefit 21 expenses paid after March 12, 2020, and before January 22 1, 2021. 23 (j) TRANSFERS TO CERTAIN TRUST FUNDS.—There 24 are hereby appropriated to the Federal Old-Age and Sur25 vivors Insurance Trust Fund and the Federal Disability g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 236 1 Insurance Trust Fund established under section 201 of 2 the Social Security Act (42 U.S.C. 401) and the Social 3 Security Equivalent Benefit Account established under 4 section 15A(a) of the Railroad Retirement Act of 1974 5 (45 U.S.C. 231n–1(a)) amounts equal to the reduction in 6 revenues to the Treasury by reason of this section (without 7 regard to this subsection). Amounts appropriated by the 8 preceding sentence shall be transferred from the general 9 fund at such times and in such manner as to replicate 10 to the extent possible the transfers which would have oc11 curred to such Trust Fund or Account had this section 12 not been enacted. 13 Subtitle B—Tax Credits to Prevent Business 14 Interruption 15 SEC. 20211. IMPROVEMENTS TO EMPLOYEE RETENTION 16 17 CREDIT. (a) INCREASE IN CREDIT PERCENTAGE.—Section 18 2301(a) of the CARES Act is amended by striking ‘‘50 19 percent’’ and inserting ‘‘80 percent’’. 20 (b) INCREASE IN PER EMPLOYEE LIMITATION.—Sec- 21 tion 2301(b)(1) of the CARES Act is amended by striking 22 ‘‘for all calendar quarters shall not exceed $10,000.’’ and 23 inserting ‘‘shall not exceed— 24 ‘‘(A) $15,000 in any calendar quarter, and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 237 1 ‘‘(B) $45,000 in the aggregate for all cal- 2 endar quarters.’’. 3 4 (c) MODIFICATION AS A (1) IN FOR TREATMENT GENERAL.—Section 2301(c)(3)(A) of the CARES Act is amended— 7 (A) by striking ‘‘for which the average 8 number of full-time employees (within the 9 meaning of section 4980H of the Internal Rev- 10 enue Code of 1986) employed by such eligible 11 employer during 2019 was greater than 100’’ in 12 clause (i) and inserting ‘‘which is a large em- 13 ployer’’, and 14 (B) by striking ‘‘for which the average 15 number of full-time employees (within the 16 meaning of section 4980H of the Internal Rev- 17 enue Code of 1986) employed by such eligible 18 employer during 2019 was not greater than 19 100’’ in clause (ii) and inserting ‘‘which is not 20 a large employer’’. 21 (2) LARGE EMPLOYER DEFINED.—Section 22 2301(c) of the CARES Act is amended by redesig- 23 nating paragraph (6) as paragraph (7) and by in- 24 serting after paragraph (5) the following new para- 25 graph: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 THRESHOLD LARGE EMPLOYER.— 5 6 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 238 1 ‘‘(6) LARGE 2 term ‘large em- ployer’ means any eligible employer if— 3 ‘‘(A) the average number of full-time em- 4 ployees (as determined for purposes of deter- 5 mining whether an employer is an applicable 6 large 7 4980H(c)(2) of the Internal Revenue Code of 8 1986) employed by such eligible employer dur- 9 ing calendar year 2019 was greater than 1,500, 10 employer for purposes of section and 11 ‘‘(B) the gross receipts (within the mean- 12 ing of section 448(c) of the Internal Revenue 13 Code of 1986) of such eligible employer during 14 calendar 15 $41,500,000.’’. 16 17 (d) PHASE-IN TION IN 18 year OF 2019 was greater ELIGIBILITY BASED ON than REDUC- GROSS RECEIPTS.— (1) DECREASE OF REDUCTION IN GROSS RE- 19 CEIPTS NECESSARY TO QUALIFY FOR CREDIT.—Sec- 20 tion 2301(c)(2)(B) of the CARES Act is amended— 21 (A) by striking ‘‘50 percent’’ in clause (i) 22 and inserting ‘‘90 percent’’, and 23 (B) by striking ‘‘80 percent’’ in clause (ii) 24 and inserting ‘‘90 percent’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 EMPLOYER.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 239 1 (2) PHASE-IN 2 GROSS RECEIPTS IS LESS THAN 50 PERCENT.—Sec- 3 tion 2301(c)(2) of the CARES Act is amended by 4 adding at the end the following new subparagraph: 5 ‘‘(D) PHASE-IN OF CREDIT WHERE BUSI- 6 NESS 7 GROSS RECEIPTS LESS THAN 50 PERCENT.— NOT 8 SUSPENDED ‘‘(i) IN AND GENERAL.—In REDUCTION IN the case of any 9 calendar quarter with respect to which an 10 eligible employer would not be an eligible 11 employer if subparagraph (B)(i) were ap- 12 plied by substituting ‘50 percent’ for ‘90 13 percent’, the amount of the credit allowed 14 under subsection (a) shall be reduced by 15 the amount which bears the same ratio to 16 the amount of such credit (determined 17 without regard to this subparagraph) as— 18 ‘‘(I) the excess gross receipts per- 19 centage point amount, bears to 20 ‘‘(II) 40 percentage points. 21 ‘‘(ii) EXCESS GROSS RECEIPTS PER- 22 CENTAGE POINT AMOUNT.—For 23 of this subparagraph, the term ‘excess 24 gross receipts percentage point amount’ g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF CREDIT IF REDUCTION IN 12:13 May 12, 2020 Jkt 000000 purposes (763351 3) PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 240 1 means, with respect to any calendar quar- 2 ter, the excess of— 3 ‘‘(I) the lowest of the gross re- 4 ceipts percentage point amounts de- 5 termined with respect to any calendar 6 quarter during the period ending with 7 such calendar quarter and beginning 8 with the first calendar quarter during 9 the period described in subparagraph 10 (B), over 11 ‘‘(II) 50 percentage points. 12 ‘‘(iii) GROSS 13 POINT AMOUNTS.—For 14 subparagraph, the term ‘gross receipts per- 15 centage point amount’ means, with respect 16 to any calendar quarter, the percentage 17 (expressed as a number of percentage 18 points) obtained by dividing— purposes of this 19 ‘‘(I) the gross receipts (within 20 the meaning of subparagraph (B)) for 21 such calendar quarter, by 22 ‘‘(II) the gross receipts for the 23 same calendar quarter in calendar 24 year 2019.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RECEIPTS PERCENTAGE 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 241 1 (3) GROSS RECEIPTS OF TAX-EXEMPT ORGANI- 2 ZATIONS.—Section 3 is amended— 4 2301(c)(2)(C) of the CARES Act (A) by striking ‘‘of such Code, clauses (i) 5 and (ii)(I)’’ and inserting ‘‘of such Code— 6 ‘‘(i) clauses (i) and (ii)(I)’’, 7 (B) by striking the period at the end and 8 inserting ‘‘, and’’, and 9 (C) by adding at the end the following new 10 clause: 11 ‘‘(ii) any reference in this section to 12 gross receipts shall be treated as a ref- 13 erence to gross receipts within the meaning 14 of section 6033 of such Code.’’. 15 (e) MODIFICATION OF TREATMENT OF HEALTH 16 PLAN EXPENSES.— 17 18 (1) IN 2301(c)(5) of the CARES Act is amended to read as follows: 19 ‘‘(5) WAGES.— 20 ‘‘(A) IN GENERAL.—The term ‘wages’ 21 means wages (as defined in section 3121(a) of 22 the Internal Revenue Code of 1986) and com- 23 pensation (as defined in section 3231(e) of such 24 Code). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Section 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 242 1 ‘‘(B) ALLOWANCE 2 PLAN EXPENSES.— 3 ‘‘(i) IN GENERAL.—Such term shall 4 include amounts paid or incurred by the el- 5 igible employer to provide and maintain a 6 group health plan (as defined in section 7 5000(b)(1) of the Internal Revenue Code 8 of 1986), but only to the extent that such 9 amounts are excluded from the gross in- 10 come of employees by reason of section 11 106(a) of such Code. 12 ‘‘(ii) ALLOCATION RULES.—For pur- 13 poses of this section, amounts treated as 14 wages under clause (i) shall be treated as 15 paid with respect to any employee (and 16 with respect to any period) to the extent 17 that such amounts are properly allocable to 18 such employee (and to such period) in such 19 manner as the Secretary may prescribe. 20 Except as otherwise provided by the Sec- 21 retary, such allocation shall be treated as 22 properly made if made on the basis of 23 being pro rata among periods of cov- 24 erage.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR CERTAIN HEALTH 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 243 1 (2) AMENDMENT.—Section CONFORMING 2 2301(c)(3) of the CARES Act is amended by strik- 3 ing subparagraph (C). 4 (f) QUALIFIED WAGES PERMITTED TO INCLUDE 5 AMOUNTS FOR TIP REPLACEMENT.— 6 (1) IN 2301(c)(3)(B) of the 7 CARES Act is amended by inserting ‘‘(including tips 8 which would have been deemed to be paid by the em- 9 ployer under section 3121(q))’’ after ‘‘would have 10 been paid’’. 11 (2) CONFORMING AMENDMENT.—Section 12 2301(h)(2) of the CARES Act is amended by insert- 13 ing ‘‘45B or’’ before ‘‘45S’’. 14 (g) CERTAIN GOVERNMENTAL EMPLOYERS ELIGIBLE 15 FOR CREDIT.— 16 (1) IN GENERAL.—Section 2301(f) of the 17 CARES Act is amended to read as follows: 18 ‘‘(f) CERTAIN GOVERNMENTAL EMPLOYERS.— 19 ‘‘(1) IN GENERAL.—The credit under this sec- 20 tion shall not be allowed to the Federal Government 21 or any agency or instrumentality thereof. 22 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 23 apply to any organization described in section 24 501(c)(1) of the Internal Revenue Code of 1986 and 25 exempt from tax under section 501(a) of such Code. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Section 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 244 1 ‘‘(3) SPECIAL the case of any State 2 government, Indian tribal government, or any agen- 3 cy, instrumentality, or political subdivision of the 4 foregoing— 5 ‘‘(A) clauses (i) and (ii)(I) of subsection 6 (c)(2)(A) shall apply to all operations of such 7 entity, and 8 ‘‘(B) 9 11 subclause (II) of subsection (c)(2)(A)(ii) shall not apply.’’. 10 (2) COORDINATION WITH APPLICATION OF CER- TAIN DEFINITIONS.— 12 (A) IN GENERAL.—Section 2301(c)(5)(A) 13 of the CARES Act, as amended by the pre- 14 ceding provisions of this Act, is amended by 15 adding at the end the following: ‘‘For purposes 16 of the preceding sentence (other than for pur- 17 poses of subsection (b)(2)), wages as defined in 18 section 3121(a) of the Internal Revenue Code 19 of 1986 shall be determined without regard to 20 paragraphs (1), (5), (6), (7), (8), (10), (13), 21 (18), (19), and (22) of section 3212(b) of such 22 Code (except with respect to services performed 23 in a penal institution by an inmate thereof).’’. 24 (B) 25 12:13 May 12, 2020 CONFORMING AMENDMENTS.—Sec- tions 2301(c)(6) of the CARES Act is amended g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RULES.—In Jkt 000000 (763351 3) PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 245 1 by striking ‘‘Any term’’ and inserting ‘‘Except 2 as otherwise provided in this section, any 3 term’’. 4 (h) EFFECTIVE DATE.—The amendments made by 5 this section shall take effect as if included in section 2301 6 of the CARES Act. 7 SEC. 20212. PAYROLL CREDIT FOR CERTAIN FIXED EX- 8 PENSES OF EMPLOYERS SUBJECT TO CLO- 9 SURE BY REASON OF COVID–19. 10 (a) IN GENERAL.—In the case of an eligible em- 11 ployer, there shall be allowed as a credit against applicable 12 employment taxes for each calendar quarter an amount 13 equal to 50 percent of the qualified fixed expenses paid 14 or incurred by such employer during such calendar quar15 ter. 16 (b) LIMITATIONS AND REFUNDABILITY.— 17 (1) LIMITATION.—The qualified fixed expenses 18 which may be taken into account under subsection 19 (a) by any eligible employer for any calendar quarter 20 shall not exceed the least of— 21 (A) the qualified fixed expenses paid by the 22 eligible employer in the same calendar quarter 23 of calendar year 2019, 24 (B) $50,000, or 25 (C) the greater of— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 246 1 (i) 25 percent of the wages paid with 2 respect to the employment of all the em- 3 ployees of the eligible employer for such 4 calendar quarter, or 5 (ii) 6.25 percent of the gross receipts 6 of the eligible employer for calendar year 7 2019. 8 9 (2) CREDIT TAXES.—The credit allowed by subsection (a) with 10 respect to any calendar quarter shall not exceed the 11 applicable employment taxes for such calendar quar- 12 ter (reduced by any credits allowed under sub- 13 sections (e) and (f) of section 3111 of such Code, 14 sections 7001 and 7003 of the Families First 15 Coronavirus Response Act, section 2301 of the 16 CARES Act, and section 20204 of this division, for 17 such quarter) on the wages paid with respect to the 18 employment of all the employees of the eligible em- 19 ployer for such calendar quarter. 20 (3) REFUNDABILITY 21 (A) IN OF EXCESS CREDIT.— GENERAL.—If the amount of the 22 credit under subsection (a) exceeds the limita- 23 tion of paragraph (2) for any calendar quarter, 24 such excess shall be treated as an overpayment 25 that shall be refunded under sections 6402(a) g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 LIMITED TO CERTAIN EMPLOYMENT 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 247 1 and 6413(b) of the Internal Revenue Code of 2 1986. 3 (B) TREATMENT pur- 4 poses of section 1324 of title 31, United States 5 Code, any amounts due to an employer under 6 this paragraph shall be treated in the same 7 manner as a refund due from a credit provision 8 referred to in subsection (b)(2) of such section. 9 (c) DEFINITIONS.—For purposes of this section— 10 (1) APPLICABLE EMPLOYMENT TAXES.—The 11 term ‘‘applicable employment taxes’’ means the fol- 12 lowing: 13 (A) The taxes imposed under section 14 3111(a) of the Internal Revenue Code of 1986. 15 (B) So much of the taxes imposed under 16 section 3221(a) of such Code as are attrib- 17 utable to the rate in effect under section 18 3111(a) of such Code. 19 (2) ELIGIBLE 20 (A) IN 21 GENERAL.—The term ‘‘eligible em- (i) which was carrying on a trade or 23 business during calendar year 2020, 24 (ii) which had either— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 EMPLOYER.— ployer’’ means any employer— 22 VerDate Mar 15 2010 OF PAYMENTS.—For Jkt 000000 (763351 3) PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 248 1 (I) not more than 1,500 full-time 2 equivalent employees (as determined 3 for purposes of determining whether 4 an employer is an applicable large em- 5 ployer 6 4980H(c)(2) of the Internal Revenue 7 Code of 1986) for calendar year 2019, 8 or purposes of section 9 (II) not more than $41,500,000 10 of gross receipts in the last taxable 11 year ending in 2019, and 12 (iii) with respect to any calendar 13 quarter, for which— 14 (I) the operation of the trade or 15 business described in clause (i) is fully 16 or partially suspended during the cal- 17 endar quarter due to orders from an 18 appropriate governmental authority 19 limiting commerce, travel, or group 20 meetings (for commercial, social, reli- 21 gious, or other purposes) due to the 22 coronavirus disease 2019 (COVID– 23 19), or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 for 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 249 1 (II) such calendar quarter is 2 within the period described in sub- 3 paragraph (B). 4 (B) SIGNIFICANT 5 CEIPTS.—The 6 graph is the period— period described in this subpara- 7 (i) beginning with the first calendar 8 quarter beginning after December 31, 9 2019, for which gross receipts (within the 10 meaning of section 448(c) of the Internal 11 Revenue Code of 1986) for the calendar 12 quarter are less than 90 percent of gross 13 receipts for the same calendar quarter in 14 the prior year, and 15 (ii) ending with the calendar quarter 16 following the first calendar quarter begin- 17 ning after a calendar quarter described in 18 clause (i) for which gross receipts of such 19 employer are greater than 90 percent of 20 gross receipts for the same calendar quar- 21 ter in the prior year. 22 (C) TAX-EXEMPT ORGANIZATIONS.—In the 23 case of an organization which is described in 24 section 501(c) of the Internal Revenue Code of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DECLINE IN GROSS RE- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 250 1 1986 and exempt from tax under section 501(a) 2 of such Code— 3 (i) clauses (i) and (iii)(I) of subpara- 4 graph (A) shall apply to all operations of 5 such organization, and 6 (ii) any reference in this section to 7 gross receipts shall be treated as a ref- 8 erence to gross receipts within the meaning 9 of section 6033 of the Internal Revenue 10 Code of 1986. 11 (D) PHASE-IN 12 NESS 13 GROSS RECEIPTS LESS THAN 50 PERCENT.— NOT 14 SUSPENDED (i) IN AND GENERAL.—In REDUCTION IN the case of any 15 calendar quarter with respect to which an 16 eligible employer would not be an eligible 17 employer if subparagraph (B)(i) were ap- 18 plied by substituting ‘‘50 percent’’ for ‘‘90 19 percent’’, the amount of the credit allowed 20 under subsection (a) shall be reduced by 21 the amount which bears the same ratio to 22 the amount of such credit (determined 23 without regard to this subparagraph) as— 24 (I) the excess gross receipts per- 25 centage point amount, bears to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF CREDIT WHERE BUSI- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 251 1 (II) 40 percentage points. 2 (ii) EXCESS 3 CENTAGE POINT AMOUNT.—For 4 of this subparagraph, the term ‘‘excess 5 gross receipts percentage point amount’’ 6 means, with respect to any calendar quar- 7 ter, the excess of— purposes 8 (I) the lowest of the gross re- 9 ceipts percentage point amounts de- 10 termined with respect to any calendar 11 quarter during the period ending with 12 such calendar quarter and beginning 13 with the first calendar quarter during 14 the period described in subparagraph 15 (B), over 16 (II) 50 percentage points. 17 (iii) GROSS RECEIPTS PERCENTAGE 18 POINT AMOUNTS.—For 19 subparagraph, the term ‘‘gross receipts 20 percentage point amount’’ means, with re- 21 spect to any calendar quarter, the percent- 22 age (expressed as a number of percentage 23 points) obtained by dividing— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GROSS RECEIPTS PER- 12:13 May 12, 2020 Jkt 000000 purposes of this (763351 3) PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 252 1 (I) the gross receipts (within the 2 meaning of subparagraph (B)) for 3 such calendar quarter, by 4 (II) the gross receipts for the 5 same calendar quarter in calendar 6 year 2019. 7 (3) QUALIFIED 8 (A) IN GENERAL.—The term ‘‘qualified 9 fixed expenses’’ means the payment or accrual, 10 in the ordinary course of the eligible employer’s 11 trade or business, of any covered mortgage obli- 12 gation, covered rent obligation, or covered util- 13 ity payment. Such term shall not include the 14 prepayment of any obligation for a period in ex- 15 cess of a month unless the payment for such 16 period is customarily due in advance. 17 (B) APPLICATION OF DEFINITIONS.—The 18 terms ‘‘covered mortgage obligation’’, ‘‘covered 19 rent obligation’’, and ‘‘covered utility payment’’ 20 shall each have the same meaning as when used 21 in section 1106 of the CARES Act. 22 (4) SECRETARY.—The term ‘‘Secretary’’ means 23 the Secretary of the Treasury or the Secretary’s del- 24 egate. 25 (5) WAGES.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FIXED EXPENSES.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 253 1 (A) IN term ‘‘wages’’ 2 means wages (as defined in section 3121(a) of 3 the Internal Revenue Code of 1986) and com- 4 pensation (as defined in section 3231(e) of such 5 Code). For purposes of the preceding sentence 6 (other than for purposes of subsection (b)(2)), 7 wages as defined in section 3121(a) of such 8 Code shall be determined without regard to 9 paragraphs (1), (8), (10), (13), (18), (19), and 10 (22) of section 3121(b) of such Code. 11 (B) ALLOWANCE 12 FOR CERTAIN HEALTH PLAN EXPENSES.— 13 (i) IN GENERAL.—Such term shall in- 14 clude amounts paid or incurred by the eli- 15 gible employer to provide and maintain a 16 group health plan (as defined in section 17 5000(b)(1) of the Internal Revenue Code 18 of 1986), but only to the extent that such 19 amounts are excluded from the gross in- 20 come of employees by reason of section 21 106(a) of such Code. 22 (ii) ALLOCATION RULES.—For pur- 23 poses of this section, amounts treated as 24 wages under clause (i) shall be treated as 25 paid with respect to any employee (and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 254 1 with respect to any period) to the extent 2 that such amounts are properly allocable to 3 such employee (and to such period) in such 4 manner as the Secretary may prescribe. 5 Except as otherwise provided by the Sec- 6 retary, such allocation shall be treated as 7 properly made if made on the basis of 8 being pro rata among periods of coverage. 9 (6) EMPLOYER.—The term ‘‘employer’’ means 10 any employer (as defined in section 3401(d) of such 11 Code) of at least one employee on any day in cal- 12 endar year 2020. 13 (7) OTHER TERMS.—Except as otherwise pro- 14 vided in this section, any term used in this section 15 which is also used in chapter 21 or 22 of the Inter- 16 nal Revenue Code of 1986 shall have the same 17 meaning as when used in such chapter. 18 (d) AGGREGATION RULE.—All persons treated as a 19 single employer under subsection (a) or (b) of section 52 20 of the Internal Revenue Code of 1986, or subsection (m) 21 or (o) of section 414 of such Code, shall be treated as 22 one employer for purposes of this section. 23 (e) DENIAL OF DOUBLE BENEFIT.—For purposes of 24 chapter 1 of such Code, the gross income of any eligible 25 employer, for the taxable year which includes the last day g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 255 1 of any calendar quarter with respect to which a credit is 2 allowed under this section, shall be increased by the 3 amount of such credit. 4 (f) CERTAIN GOVERNMENTAL EMPLOYERS.— 5 (1) IN GENERAL.—The credit under this section 6 shall not be allowed to the Federal Government, the 7 government of any State, of the District of Colum- 8 bia, or of any possession of the United States, any 9 tribal government, or any political subdivision, agen- 10 cy, or instrumentality of any of the foregoing. 11 (2) EXCEPTION.—Paragraph (1) shall not 12 apply to any organization described in section 13 501(c)(1) of the Internal Revenue Code of 1986 and 14 exempt from tax under section 501(a) of such Code. 15 (g) ELECTION NOT TO HAVE SECTION APPLY.—This 16 section shall not apply with respect to any eligible em17 ployer for any calendar quarter if such employer elects (at 18 such time and in such manner as the Secretary may pre19 scribe) not to have this section apply. 20 (h) TRANSFERS TO CERTAIN TRUST FUNDS.—There 21 are hereby appropriated to the Federal Old-Age and Sur22 vivors Insurance Trust Fund and the Federal Disability 23 Insurance Trust Fund established under section 201 of 24 the Social Security Act (42 U.S.C. 401) and the Social 25 Security Equivalent Benefit Account established under g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 256 1 section 15A(a) of the Railroad Retirement Act of 1974 2 (45 U.S.C. 231n–1(a)) amounts equal to the reduction in 3 revenues to the Treasury by reason of this section (without 4 regard to this subsection). Amounts appropriated by the 5 preceding sentence shall be transferred from the general 6 fund at such times and in such manner as to replicate 7 to the extent possible the transfers which would have oc8 curred to such Trust Fund or Account had this section 9 not been enacted. 10 (i) TREATMENT OF DEPOSITS.—The Secretary shall 11 waive any penalty under section 6656 of such Code for 12 any failure to make a deposit of applicable employment 13 taxes if the Secretary determines that such failure was due 14 to the anticipation of the credit allowed under this section. 15 (j) THIRD PARTY PAYORS.—Any credit allowed 16 under this section shall be treated as a credit described 17 in section 3511(d)(2) of such Code. 18 (k) REGULATIONS AND GUIDANCE.—The Secretary 19 shall issue such forms, instructions, regulations, and guid20 ance as are necessary— 21 (1) to allow the advance payment of the credit 22 under subsection (a), subject to the limitations pro- 23 vided in this section, based on such information as 24 the Secretary shall require, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 257 1 (2) regulations or other guidance to provide for 2 the reconciliation of such advance payment with the 3 amount of the credit at the time of filing the return 4 of tax for the applicable quarter or taxable year, 5 (3) with respect to the application of the credit 6 under subsection (a) to third party payors (including 7 professional employer organizations, certified profes- 8 sional employer organizations, or agents under sec- 9 tion 3504 of the Internal Revenue Code of 1986), 10 including regulations or guidance allowing such 11 payors to submit documentation necessary to sub- 12 stantiate the eligible employer status of employers 13 that use such payors, 14 (4) for application of subsection (b)(1)(A) and 15 subparagraphs (A)(ii)(II) and (B) of subsection 16 (c)(2) in the case of any employer which was not 17 carrying on a trade or business for all or part of the 18 same calendar quarter in the prior year, and 19 (5) for recapturing the benefit of credits deter- 20 mined under this section in cases where there is a 21 subsequent adjustment to the credit determined 22 under subsection (a). 23 (l) APPLICATION OF SECTION.—This section shall 24 apply only to qualified fixed expenses paid or accrued after 25 March 12, 2020, and before January 1, 2021. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 258 1 SEC. 20213. BUSINESS INTERRUPTION CREDIT FOR CER- 2 TAIN SELF-EMPLOYED INDIVIDUALS. 3 (a) CREDIT AGAINST TAX.—In the case of an eligible 4 self-employed individual, there shall be allowed as a credit 5 against the tax imposed by chapter 1 of subtitle A of the 6 Internal Revenue Code of 1986 for the taxpayer’s first 7 taxable year beginning in 2020 an amount equal to 90 8 percent of the eligible self-employed individual’s qualified 9 self-employment income. 10 (b) LIMITATIONS.— 11 (1) OVERALL amount of 12 qualified self-employment income taken into account 13 under subsection (a) with respect to any eligible self- 14 employed individual shall not exceed $45,000. 15 (2) LIMITATION 16 JUSTED GROSS INCOME.— 17 (A) IN BASED ON GENERAL.—The MODIFIED AD- amount of the 18 credit allowed by subsection (a) (after applica- 19 tion of paragraph (1)) shall be reduced (but not 20 below zero) by 50 percent of so much of the 21 taxpayer’s modified adjusted gross income for 22 the taxpayer’s first taxable year beginning in 23 2020 as exceeds $60,000 ($120,000 in the case 24 of a joint return). 25 (B) 26 COME.—For g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 LIMITATION.—The 12:13 May 12, 2020 Jkt 000000 MODIFIED ADJUSTED GROSS IN- purposes of this section the term (763351 3) PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 259 1 ‘‘modified adjusted gross income’’ means ad- 2 justed gross income determined without regard 3 to sections 911, 931, and 933 of such Code. 4 (c) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—For 5 purposes of this section, the term ‘‘eligible self-employed 6 individual’’ means an individual— 7 (1) who— 8 (A) regularly carries on one or more trades 9 or businesses within the meaning of section 10 1402 of such Code, or 11 (B) is allocated income or loss described in 12 section 702(a)(8) of such Code from any trade 13 or business carried on by a partnership which 14 is not excluded under section 1402 of such 15 Code, and 16 (2) for whom gross self-employment income 17 during the first taxable year beginning in 2020 is 18 less than 90 percent of such individual’s gross self- 19 employment income during the first taxable year be- 20 ginning in 2019. 21 (d) QUALIFIED SELF-EMPLOYMENT INCOME.—For 22 purposes of this section— 23 24 (1) IN 12:13 May 12, 2020 term ‘‘qualified self-em- ployment income’’ means the product of— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The Jkt 000000 (763351 3) PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 260 1 (A) the specified gross self-employment in- 2 come reduction for the first taxable year begin- 3 ning in 2020, multiplied by 4 (B) the ratio of— 5 (i) self-employment income (as deter- 6 mined under section 1402(b) of such Code, 7 but not below zero) for the first taxable 8 year beginning in 2019, divided by 9 (ii) gross self-employment income for 10 the first taxable year beginning in 2019. 11 (2) LIMITATION ON MODIFIED AD- 12 JUSTED GROSS INCOME.—In 13 payer, qualified self-employment income shall not ex- 14 ceed the excess (if any) of— 15 the case of any tax- (A) modified adjusted gross income for the 16 first taxable year beginning in 2019, over 17 (B) modified adjusted gross income for the 18 first taxable year beginning in 2020. 19 (3) SPECIFIED 20 COME REDUCTION.—For 21 the term ‘‘specified gross self-employment income re- 22 duction’’ means, with respect to a taxable year, the 23 excess (if any) of— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BASED 12:13 May 12, 2020 Jkt 000000 GROSS SELF-EMPLOYMENT IN- purposes of paragraph (1), (763351 3) PO 00000 Frm 00260 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 261 1 (A) 90 percent of gross self-employment 2 income for the taxable year preceding such tax- 3 able year, over 4 (B) gross self-employment income for such 5 taxable year. 6 (e) GROSS SELF-EMPLOYMENT INCOME.—For pur- 7 poses of this section, the term ‘‘gross self-employment in8 come’’ means, with respect to any taxable year, the sum 9 of— 10 (1) the eligible self-employed individuals’ gross 11 income derived from all trades or business carried on 12 by such individual for purposes of determining net 13 earnings from self-employment under section 1402 14 of such Code for such taxable year, and 15 (2) the eligible individual’s distributive share of 16 gross income (as determined under section 702(c) of 17 such Code) from any trade or business carried on by 18 a partnership for purposes of determining net earn- 19 ings from self-employment under section 1402 of 20 such Code (and which is not excluded under such 21 section) for such taxable year. 22 (f) SPECIAL RULES.— 23 (1) CREDIT REFUNDABLE.— 24 (A) IN GENERAL.—The 25 under this section shall be treated as a credit g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 credit determined Jkt 000000 (763351 3) PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 262 1 allowed to the taxpayer under subpart C of part 2 IV of subchapter A of chapter 1 of such Code. 3 (B) TREATMENT pur- 4 poses of section 1324 of title 31, United States 5 Code, any refund due from the credit allowed 6 under this section shall be treated in the same 7 manner as a refund due from a credit provision 8 referred to in subsection (b)(2) of such section. 9 (2) DOCUMENTATION.—No credit shall be al- 10 lowed under this section unless the taxpayer main- 11 tains such documentation as the Secretary of the 12 Treasury (or the Secretary’s delegate) may prescribe 13 to establish such individual as an eligible self-em- 14 ployed individual. 15 (3) DENIAL 16 OF DOUBLE BENEFIT.—Qualified self-employment income shall be reduced by— 17 (A) the qualified sick leave equivalent 18 amount for which a credit is allowed under sec- 19 tion 7002(a) of the Families First Coronavirus 20 Response Act and the qualified family leave 21 equivalent amount for which a credit is allowed 22 under section 7004(a) of such Act, 23 (B) the qualified wages for which a credit 24 is allowed under section 2301 of the CARES 25 Act, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF PAYMENTS.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 263 1 (C) the amount of the credit allowed under 2 section 6432 of the Internal Revenue Code of 3 1986 (as added by this Act), and 4 (D) except to the extent taken into account 5 in determining gross self-employment income, 6 amounts from a covered loan under section 7 7(a)(36) of the Small Business Act that are— 8 (i) 9 pursuant to section 1106(b) of the CARES Act, and 10 (ii) paid or distributed to the eligible 11 self-employed individual as payroll costs 12 described in section 7(a)(36)(A)(viii)(I) of 13 the Small Business Act. 14 (4) JOINT 15 RETURNS.— (A) IN GENERAL.—In the case of a joint 16 return, the taxpayer shall be treated for pur- 17 poses of this section as an eligible self-employed 18 individual if either spouse is an eligible self-em- 19 ployed individual. 20 (B) APPLICATION OF MODIFIED ADJUSTED 21 GROSS 22 SELF-EMPLOYMENT INCOME.—If 23 filed a joint return for only one of the taxable 24 years described in subsection (d)(2), such limi- 25 tation shall apply in such manner as the Sec- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 forgiven 12:13 May 12, 2020 Jkt 000000 INCOME LIMITATION ON QUALIFIED the taxpayer (763351 3) PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 264 1 retary of the Treasury (or the Secretary’s dele- 2 gate) may provide. 3 (5) ELECTION 4 This section shall not apply with respect to any tax- 5 payer for any taxable year if such taxpayer elects (at 6 such time and in such manner as the Secretary of 7 the Treasury, or the Secretary’s delegate, may pre- 8 scribe) not to have this section apply. 9 (g) APPLICATION 10 OF CREDIT IN CERTAIN POSSES- SIONS.— 11 (1) PAYMENTS TO POSSESSIONS WITH MIRROR 12 CODE TAX SYSTEMS.—The 13 ury (or the Secretary’s delegate) shall pay to each 14 possession of the United States which has a mirror 15 code tax system amounts equal to the loss (if any) 16 to that possession by reason of the application of the 17 provisions of this section. Such amounts shall be de- 18 termined by the Secretary of the Treasury (or the 19 Secretary’s delegate) based on information provided 20 by the government of the respective possession. 21 (2) PAYMENTS Secretary of the Treas- TO OTHER POSSESSIONS.—The 22 Secretary of the Treasury (or the Secretary’s dele- 23 gate) shall pay to each possession of the United 24 States which does not have a mirror code tax system 25 amounts estimated by the Secretary of the Treasury g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 NOT TO HAVE SECTION APPLY.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 265 1 (or the Secretary’s delegate) as being equal to the 2 aggregate benefits (if any) that would have been 3 provided to residents of such possession by reason of 4 the provisions of this section if a mirror code tax 5 system had been in effect in such possession. The 6 preceding sentence shall not apply unless the respec- 7 tive possession has a plan, which has been approved 8 by the Secretary of the Treasury (or the Secretary’s 9 delegate), under which such possession will promptly 10 distribute such payments to its residents. 11 (3) MIRROR CODE TAX SYSTEM.—For purposes 12 of this section, the term ‘‘mirror code tax system’’ 13 means, with respect to any possession of the United 14 States, the income tax system of such possession if 15 the income tax liability of the residents of such pos- 16 session under such system is determined by ref- 17 erence to the income tax laws of the United States 18 as if such possession were the United States. 19 (4) TREATMENT OF PAYMENTS.—For purposes 20 of section 1324 of title 31, United States Code, the 21 payments under this section shall be treated in the 22 same manner as a refund due from a credit provi- 23 sion referred to in subsection (b)(2) of such section. 24 (h) CERTAIN TERMS.—Any term used in this section 25 which is also used in chapter 2 of the Internal Revenue g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 266 1 Code of 1986 shall have the same meaning as when used 2 in such chapter. 3 (i) REGULATIONS AND GUIDANCE.—The Secretary of 4 the Treasury (or the Secretary’s delegate) shall issue such 5 forms, instructions, regulations, and guidance as are nec6 essary or appropriate— 7 (1) to allow the advance payment of the credit 8 under subsection (a) (including allowing use of the 9 anticipated credit to offset estimated taxes) based on 10 the taxpayer’s good faith estimates of gross self-em- 11 ployment income and qualified self-employment in- 12 come for the first taxable year beginning in 2020 13 and such other information as the Secretary of the 14 Treasury (or the Secretary’s delegate) shall require, 15 subject to the limitations provided in this section, 16 (2) to provide for the reconciliation of such ad- 17 vance payment with the amount of the credit at the 18 time of filing the return of tax for the taxpayer’s 19 first taxable year beginning in 2020, 20 21 (3) to provide for the application of this section to partners in partnerships, and 22 (4) to implement the purposes of this section. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 267 1 2 Subtitle C—Credits for Paid Sick and Family Leave SEC. 20221. EXTENSION OF CREDITS. 3 (a) IN GENERAL.—Sections 7001(g), 7002(e), 4 7003(g), and 7004(e) of the Families First Coronavirus 5 Response Act are each amended by striking ‘‘2020’’ and 6 inserting ‘‘2021’’. 7 (b) EFFECTIVE DATE.—The amendments made by 8 this section shall take effect as if included in the provisions 9 of the Families First Coronavirus Response Act to which 10 they relate. 11 SEC. 20222. REPEAL OF REDUCED RATE OF CREDIT FOR 12 13 CERTAIN LEAVE. (a) PAYROLL CREDIT.—Section 7001(b) of the Fami- 14 lies First Coronavirus Response Act is amended by insert15 ing ‘‘or any day on or after the date of the enactment 16 of the COVID–19 Tax Relief Act of 2020’’ after ‘‘in the 17 case of any day any portion of which is paid sick time 18 described in paragraph (1), (2), or (3) of section 5102(a) 19 of the Emergency Paid Sick Leave Act’’. 20 (b) SELF-EMPLOYED CREDIT.— 21 (1) IN (i) and (ii) of sec- 22 tion 23 Coronavirus Response Act are each amended by in- 24 serting inserting ‘‘or any day on or after the date of 25 the enactment of the COVID–19 Tax Relief Act of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Clauses 12:13 May 12, 2020 Jkt 000000 7002(c)(1)(B) of the Families First (763351 3) PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 268 1 2020’’ after ‘‘in the case of any day any portion of 2 which is paid sick time described in paragraph (1), 3 (2), or (3) of section 5102(a) of the Emergency Paid 4 Sick Leave Act’’. 5 (2) CONFORMING AMENDMENT.—Section 6 7002(d)(3) of the Families First Coronavirus Re- 7 sponse Act is amended by inserting inserting ‘‘or 8 any day on or after the date of the enactment of the 9 COVID–19 Tax Relief Act of 2020’’ after ‘‘in the 10 case of any day any portion of which is paid sick 11 time described in paragraph (1), (2), or (3) of sec- 12 tion 5102(a) of the Emergency Paid Sick Leave 13 Act’’. 14 (c) EFFECTIVE DATE.—The amendments made by 15 this section shall apply to days on or after the date of 16 the enactment of this Act. 17 SEC. 20223. INCREASE IN LIMITATIONS ON CREDITS FOR 18 PAID FAMILY LEAVE. 19 20 (a) INCREASE FIED OVERALL LIMITATION ON QUALI- FAMILY LEAVE WAGES.— 21 (1) IN GENERAL.—Section 7003(b)(1)(B) of 22 the Families First Coronavirus Response Act is 23 amended by striking ‘‘$10,000’’ and inserting 24 ‘‘$12,000’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 IN 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 269 1 (2) CONFORMING AMENDMENT.—Section 2 7004(d)(3) of the Families First Coronavirus Re- 3 sponse Act is amended by striking ‘‘$10,000’’ and 4 inserting ‘‘$12,000’’. 5 (b) INCREASE 6 ALENT AMOUNT IN QUALIFIED FAMILY LEAVE EQUIV- FOR SELF-EMPLOYED INDIVIDUALS.— 7 Section 7004(c)(1)(A) of the Families First Coronavirus 8 Response Act is amended by striking ‘‘50’’ and inserting 9 ‘‘60’’. 10 (c) EFFECTIVE DATE.—The amendments made by 11 this section shall take effect as if included in the provisions 12 of the Families First Coronavirus Response Act to which 13 they relate. 14 SEC. 20224. ELECTION TO USE PRIOR YEAR NET EARNINGS 15 FROM SELF-EMPLOYMENT IN DETERMINING 16 AVERAGE 17 COME. 18 (a) CREDIT FOR DAILY SELF-EMPLOYMENT IN- SICK LEAVE.—Section 7002(c) of 19 the Families First Coronavirus Response Act is amended 20 by adding at the end the following new paragraph: 21 ‘‘(4) ELECTION 22 INGS 23 case of an individual who elects (at such time and 24 in such manner as the Secretary, or the Secretary’s 25 delegate, may provide) the application of this para- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO USE PRIOR YEAR NET EARN- 12:13 May 12, 2020 Jkt 000000 FROM SELF-EMPLOYMENT INCOME.—In the (763351 3) PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 270 1 graph, paragraph (2)(A) shall be applied by sub- 2 stituting ‘the prior taxable year’ for ‘the taxable 3 year’.’’. 4 (b) CREDIT FOR FAMILY LEAVE.—Section 7004(c) 5 of the Families First Coronavirus Response Act is amend6 ed by adding at the end the following new paragraph: 7 ‘‘(4) ELECTION TO USE PRIOR YEAR NET EARN- 8 INGS 9 case of an individual who elects (at such time and 10 in such manner as the Secretary, or the Secretary’s 11 delegate, may provide) the application of this para- 12 graph, paragraph (2)(A) shall be applied by sub- 13 stituting ‘the prior taxable year’ for ‘the taxable 14 year’.’’. 15 (c) EFFECTIVE DATE.—The amendments made by FROM SELF-EMPLOYMENT INCOME.—In the 16 this section shall take effect as if included in the provisions 17 of the Families First Coronavirus Response Act to which 18 they relate. 19 SEC. 20225. FEDERAL, STATE, AND LOCAL GOVERNMENTS 20 ALLOWED TAX CREDITS FOR PAID SICK AND 21 PAID FAMILY AND MEDICAL LEAVE. 22 (a) IN GENERAL.—Sections 7001(e) and 7003(e) of 23 the Families First Coronavirus Response Act are each 24 amended by striking paragraph (4). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 271 1 (b) COORDINATION WITH APPLICATION OF CERTAIN 2 DEFINITIONS.— 3 (1) IN GENERAL.—Sections 7001(c) and 4 7003(c) of the Families First Coronavirus Response 5 Act are each amended— 6 (A) by inserting ‘‘, determined without re- 7 gard to paragraphs (1) through (22) of section 8 3121(b) of such Code’’ after ‘‘as defined in sec- 9 tion 3121(a) of the Internal Revenue Code of 10 1986’’, and 11 (B) by inserting ‘‘, determined without re- 12 gard to the sentence in paragraph (1) thereof 13 which begins ‘Such term does include remu- 14 neration’ ’’ after ‘‘as defined in section 3231(e) 15 of the Internal Revenue Code’’. 16 (2) CONFORMING AMENDMENTS.—Sections 17 7001(e)(3) and 7003(e)(3) of the Families First 18 Coronavirus Response Act are each amended by 19 striking ‘‘Any term’’ and inserting ‘‘Except as other- 20 wise provided in this section, any term’’. 21 (c) EFFECTIVE DATE.—The amendments made by 22 this section shall take effect as if included in the provisions 23 of the Families First Coronavirus Response Act to which 24 they relate. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 272 1 SEC. 20226. CERTAIN TECHNICAL IMPROVEMENTS. 2 3 (a) COORDINATION WITH EXCLUSION FROM EMPLOYMENT TAXES.—Sections 7001(c) and 7003(c) of the 4 Families First Coronavirus Response Act, as amended by 5 the preceding provisions of this Act, are each amended— 6 (1) by inserting ‘‘and section 7005(a) of this 7 Act,’’ after ‘‘determined without regard to para- 8 graphs (1) through (22) of section 3121(b) of such 9 Code’’, and 10 (2) by inserting ‘‘and without regard to section 11 7005(a) of this Act’’ after ‘‘which begins ‘Such term 12 does not include remuneration’ ’’. 13 (b) CLARIFICATION 14 TIREMENT TAX FOR APPLICABLE RAILROAD RE- OF PAID LEAVE CREDITS.—Sections 15 7001(e) and 7003(e) of the Families First Coronavirus 16 Response Act, as amended by the preceding provisions of 17 this Act, are each amended by adding at the end the fol18 lowing new paragraph: 19 ‘‘(4) REFERENCES 20 TAX.—Any 21 posed by section 3221(a) of the Internal Revenue 22 Code of 1986 shall be treated as a reference to so 23 much of such tax as is attributable to the rate in ef- 24 fect under section 3111(a) of such Code.’’. 25 (c) CLARIFICATION 26 FOR 12:13 May 12, 2020 reference in this section to the tax im- OF TREATMENT OF PAID LEAVE APPLICABLE RAILROAD RETIREMENT TAX.—Section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO RAILROAD RETIREMENT Jkt 000000 (763351 3) PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 273 1 7005(a) of the Families First Coronavirus Response Act 2 is amended by adding the following sentence at the end 3 of such subsection: ‘‘Any reference in this subsection to 4 the tax imposed by section 3221(a) of such Code shall be 5 treated as a reference to so much of the tax as is attrib6 utable to the rate in effect under section 3111(a) of such 7 Code.’’ 8 9 10 (d) CLARIFICATION TIREMENT TAX IT.—Section FOR OF APPLICABLE RAILROAD RE- HOSPITAL INSURANCE TAX CRED- 7005(b)(1) of the Families First Coronavirus 11 Response Act is amended as follows: 12 ‘‘(1) IN GENERAL.—The credit allowed by sec- 13 tion 7001 and the credit allowed by section 7003 14 shall each be increased by the amount of the tax im- 15 posed by section 3111(b) of the Internal Revenue 16 Code of 1986 and so much of the taxes imposed 17 under section 3221(a) of such Code as are attrib- 18 utable to the rate in effect under section 3111(b) of 19 such Code on qualified sick leave wages, or qualified 20 family leave wages, for which credit is allowed under 21 such section 7001 or 7003 (respectively).’’. 22 (e) EFFECTIVE DATE.—The amendments made by 23 this section shall take effect as if included in the provisions 24 of the Families First Coronavirus Response Act to which 25 they relate. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 274 1 SEC. 20227. CREDITS NOT ALLOWED TO CERTAIN LARGE 2 3 EMPLOYERS. (a) CREDIT FOR REQUIRED PAID SICK LEAVE.— 4 (1) IN 7001(a) of the Fam- 5 ilies First Coronavirus Response Act is amended by 6 striking ‘‘In the case of an employer’’ and inserting 7 ‘‘In the case of an eligible employer’’. 8 (2) ELIGIBLE EMPLOYER.—Section 7001(c) of 9 the Families First Coronavirus Response Act, as 10 amended by the preceding provisions of this Act, is 11 amended by striking ‘‘For purposes of this section, 12 the term’’ and all that precedes it and inserting the 13 following: 14 ‘‘(c) DEFINITIONS.—For purposes of this section— 15 ‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible 16 employer’ means any employer other than an appli- 17 cable 18 4980H(c)(2), determined by substituting ‘500’ for 19 ‘50’ each place it appears in subparagraphs (A) and 20 (B) thereof and without regard to subparagraphs 21 (D) and (F) thereof). For purposes of the preceding 22 sentence, the Government of the United States, the 23 government of any State or political subdivision 24 thereof, or any agency or instrumentality of any of 25 the foregoing shall not be treated as an applicable 26 large employer. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Section 12:13 May 12, 2020 Jkt 000000 large employer (as defined in section (763351 3) PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 275 1 ‘‘(2) QUALIFIED 2 term’’. 3 (b) CREDIT 4 (1) IN LEAVE WAGES.—The REQUIRED PAID FAMILY LEAVE.— GENERAL.—Section 7003(a) of the Fam- 5 ilies First Coronavirus Response Act is amended by 6 striking ‘‘In the case of an employer’’ and inserting 7 ‘‘In the case of an eligible employer’’. 8 (2) ELIGIBLE EMPLOYER.—Section 7003(c) of 9 the Families First Coronavirus Response Act, as 10 amended by the preceding provisions of this Act, is 11 amended by striking ‘‘For purposes of this section, 12 the term’’ and all that precedes it and inserting the 13 following: 14 ‘‘(c) DEFINITIONS.—For purposes of this section— 15 ‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible 16 employer’ means any employer other than an appli- 17 cable 18 4980H(c)(2), determined by substituting ‘500’ for 19 ‘50’ each place it appears in subparagraphs (A) and 20 (B) thereof and without regard to subparagraphs 21 (D) and (F) thereof). For purposes of the preceding 22 sentence, the Government of the United States, the 23 government of any State or political subdivision 24 thereof, or any agency or instrumentality of any of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR SICK 12:13 May 12, 2020 Jkt 000000 large employer (as defined in section (763351 3) PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 276 1 the foregoing, shall not be treated as an applicable 2 large employer. 3 ‘‘(2) QUALIFIED FAMILY LEAVE WAGES.—The 4 term’’. 5 (c) EFFECTIVE DATE.—The amendments made by 6 this section shall apply to wages paid after the date of 7 the enactment of this Act. 8 Subtitle D—Other Relief 9 SEC. 20231. PAYROLL TAX DEFERRAL ALLOWED FOR RE- 10 CIPIENTS OF CERTAIN LOAN FORGIVENESS. 11 (a) IN GENERAL.—Section 2302(a) of the CARES 12 Act is amended by striking paragraph (3). 13 (b) EFFECTIVE DATE.—The amendment made by 14 this section shall take effect as if included in section 2302 15 of the CARES Act. 16 SEC. 20232. EMERGENCY FINANCIAL AID GRANTS. 17 (a) IN GENERAL.—In the case of a student receiving 18 a qualified emergency financial aid grant— 19 (1) such grant shall not be included in the 20 gross income of such individual for purposes of the 21 Internal Revenue Code of 1986, and 22 (2) such grant shall not be treated as described 23 in subparagraph (A), (B), or (C) of section 24 25A(g)(2) of such Code. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 277 1 (b) DEFINITIONS.—For purposes of this subsection, 2 the term ‘‘qualified emergency financial aid grant’’ 3 means— 4 (1) any emergency financial aid grant awarded 5 by an institution of higher education under section 6 3504 of the CARES Act, 7 (2) any emergency financial aid grant from an 8 institution of higher education made with funds 9 made available under section 18004 of the CARES 10 Act, and 11 (3) any other emergency financial aid grant 12 made to a student from a Federal agency, a State, 13 an Indian tribe, an institution of higher education, 14 or a scholarship-granting organization (including a 15 tribal organization, as defined in section 4 of the In- 16 dian Self-Determination and Education Assistance 17 Act (25 U.S.C.5304)) for the purpose of providing 18 financial relief to students enrolled at institutions of 19 higher education in response to a qualifying emer- 20 gency (as defined in section 3502(a)(4) of the 21 CARES Act). 22 (c) LIMITATION.—This section shall not apply to that 23 portion of any amount received which represents payment 24 for teaching, research, or other services required as a con- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00277 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 278 1 dition for receiving the qualified emergency financial aid 2 grant. 3 (d) EFFECTIVE DATE.—This section shall apply to 4 qualified emergency financial aid grants made after March 5 26, 2020. 6 SEC. 20233. CERTAIN LOAN FORGIVENESS AND OTHER 7 BUSINESS FINANCIAL ASSISTANCE UNDER 8 CARES ACT NOT INCLUDIBLE IN GROSS IN- 9 COME. 10 11 (a) UNITED STATES TREASURY PROGRAM MANAGEMENT AUTHORITY.—For purposes of the Internal Rev- 12 enue Code of 1986, no amount shall be included in gross 13 income by reason of loan forgiveness described in section 14 1109(d)(2)(D) of the CARES Act. 15 (b) EMERGENCY EIDL GRANTS.—For purposes of 16 the Internal Revenue Code of 1986, any advance described 17 in section 1110(e) of the CARES Act shall not be included 18 in the gross income of the person that receives such ad19 vance. 20 (c) SUBSIDY FOR CERTAIN LOAN PAYMENTS.—For 21 purposes of the Internal Revenue Code of 1986, any pay22 ment described in section 1112(c) of the CARES Act shall 23 not be included in the gross income of the person on whose 24 behalf such payment is made. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 279 1 (d) EFFECTIVE DATE.—Subsections (a), (b), and (c) 2 shall apply to taxable years ending after the date of the 3 enactment of the CARES Act. 4 SEC. 20234. AUTHORITY TO WAIVE CERTAIN INFORMATION 5 REPORTING REQUIREMENTS. 6 The Secretary of the Treasury (or the Secretary’s 7 delegate) may provide an exception from any requirement 8 to file an information return otherwise required by chapter 9 61 of the Internal Revenue Code of 1986 with respect to 10 any amount excluded from gross income by reason of sec11 tion 1106(i) of the CARES Act or section 20232 or 20233 12 of this Act. 13 SEC. 20235. CLARIFICATION OF TREATMENT OF EXPENSES 14 PAID OR INCURRED WITH PROCEEDS FROM 15 CERTAIN GRANTS AND LOANS. 16 (a) IN GENERAL.—For purposes of the Internal Rev- 17 enue Code of 1986 and notwithstanding any other provi18 sion of law, any deduction and the basis of any property 19 shall be determined without regard to whether any amount 20 is excluded from gross income under section 20233 of this 21 Act or section 1106(i) of the CARES Act. 22 23 (b) CLARIFICATION GIVENESS.—Section OF EXCLUSION OF LOAN FOR- 1106(i) of the CARES Act is amend- 24 ed to read as follows: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 280 1 ‘‘(i) TAXABILITY.—For purposes of the Internal Rev- 2 enue Code of 1986, no amount shall be included in the 3 gross income of the eligible recipient by reason of forgive4 ness of indebtedness described in subsection (b).’’. 5 (c) EFFECTIVE DATE.—Subsection (a) and the 6 amendment made by subsection (b) shall apply to taxable 7 years ending after the date of the enactment of the 8 CARES Act. 9 SEC. 20236. REINSTATEMENT OF CERTAIN PROTECTIONS 10 11 FOR TAXPAYER RETURN INFORMATION. (a) IN GENERAL.—Section 6103(a)(3) of the Internal 12 Revenue Code of 1986, as amended by section 3516 of 13 the CARES Act, is amended by striking ‘‘(13)(A), 14 (13)(B), (13)(C), (13)(D)(i), (16)’’ and inserting ‘‘(13), 15 (16)’’. 16 (b) RECORDS REQUIREMENTS.—Section 17 6103(p)(3)(A) of such Code, as so amended, is amended 18 by striking ‘‘(12), (13)(A), (13)(B), (13)(C), (13)(D)(i)’’ 19 and inserting ‘‘(12),’’. 20 (c) APPLICATION OF SAFEGUARDS.—Section 21 6103(p)(4) of such Code, as so amended, is amended by 22 striking ‘‘(13)(A), (13)(B), (13)(C), (13)(D)(i)’’ each 23 place it appears and inserting ‘‘(13)’’. 24 (d) EFFECTIVE DATE.—The amendments made by 25 this section shall apply to disclosures made after the date g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00280 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 281 1 of the enactment of the FUTURE Act (Public Law 116– 2 91). 3 TITLE III—NET OPERATING LOSSES 4 SEC. 20301. LIMITATION ON EXCESS BUSINESS LOSSES OF 5 NON-CORPORATE 6 AND MADE PERMANENT. 7 TAXPAYERS RESTORED (a) IN GENERAL.—Section 461(l)(1) of the Internal 8 Revenue Code of 1986 is amended to read as follows: 9 ‘‘(1) LIMITATION.—In the case of a taxpayer 10 other than a corporation, any excess business loss of 11 the taxpayer shall not be allowed.’’. 12 (b) FARMING LOSSES.—Section 461 of such Code is 13 amended by striking subsection (j). 14 (c) EFFECTIVE DATE.—The amendments made by 15 this section shall apply to taxable years beginning after 16 December 31, 2017. 17 SEC. 20302. CERTAIN TAXPAYERS ALLOWED CARRYBACK OF 18 NET OPERATING LOSSES ARISING IN 2019 AND 19 2020. 20 (a) CARRYBACK OF LOSSES ARISING IN 2019 AND 21 2020.— 22 (1) IN 172(b)(1)(D)(i) of 23 the Internal Revenue Code of 1986 is amended to 24 read as follows: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Section 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 282 1 ‘‘(i) IN the case of any 2 net operating loss arising in a taxable year 3 beginning after December 31, 2018, and 4 before January 1, 2021, and to which sub- 5 paragraphs (B) and (C)(i) do not apply, 6 such loss shall be a net operating loss 7 carryback to each taxable year preceding 8 the taxable year of such loss, but not to 9 any taxable year beginning before January 10 1, 2018.’’. 11 (2) CONFORMING AMENDMENTS.— 12 (A) The heading for section 172(b)(1)(D) 13 of such Code is amended by striking ‘‘2018, 14 2019, AND’’ and inserting ‘‘2019 AND’’. 15 (B) Section 172(b)(1)(D) of such Code is 16 amended by striking clause (iii) and by redesig- 17 nating clauses (iv) and (v) as clauses (iii) and 18 (iv), respectively. 19 (C) Section 172(b)(1)(D)(iii) of such Code, 20 as so redesignated, is amended by striking 21 ‘‘(i)(I)’’ and inserting ‘‘(i)’’. 22 (D) Section 172(b)(1)(D)(iv) of such Code, 23 as so redesignated, is amended— 24 (i) 25 12:13 May 12, 2020 by striking ‘‘If the 5-year carryback period under clause (i)(I)’’ in g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—In Jkt 000000 (763351 3) PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 283 1 subclause 2 carryback period under clause (i)’’, and 3 and inserting ‘‘If the (ii) by striking ‘‘2018 or’’ in subclause 4 5 (I) (II). (b) DISALLOWED FOR CERTAIN TAXPAYERS.—Sec- 6 tion 172(b)(1)(D) of such Code, as amended by the pre7 ceding provisions of this Act, is amended by adding at the 8 end the following new clauses: 9 ‘‘(v) CARRYBACK FOR 10 CERTAIN TAXPAYERS.—Clause 11 apply with respect to any loss arising in a 12 taxable year in which— (i) shall not 13 ‘‘(I) the taxpayer (or any related 14 person) is not allowed a deduction 15 under this chapter for the taxable 16 year by reason of section 162(m) or 17 section 280G, or 18 ‘‘(II) the taxpayer (or any related 19 person) is a specified corporation for 20 the taxable year. 21 ‘‘(vi) SPECIFIED 22 CORPORATION.—For purposes of clause (v)— 23 ‘‘(I) IN GENERAL.—The term 24 ‘specified corporation’ means, with re- 25 spect to any taxable year, a corpora- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DISALLOWED 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 284 1 tion the aggregate distributions (in- 2 cluding redemptions) of which during 3 all taxable years ending after Decem- 4 ber 31, 2017, exceed the sum of appli- 5 cable stock issued of such corporation 6 and 5 percent of the fair market value 7 of the stock of such corporation as of 8 the last day of the taxable year. 9 ‘‘(II) STOCK 10 ISSUED.—The 11 issued’ means, with respect to any 12 corporation, the aggregate fair market 13 value of stock (as of the issue date of 14 such stock) issued by the corporation 15 during all taxable years ending after 16 December 31, 2017, in exchange for 17 money or property other than stock in 18 such corporation. 19 ‘‘(III) term ‘applicable stock CERTAIN PREFERRED 20 STOCK DISREGARDED.—For 21 of subclause (I), stock described in 22 section 1504(a)(4), and distributions 23 (including redemptions) with respect 24 to such stock, shall be disregarded. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 APPLICABLE 12:13 May 12, 2020 Jkt 000000 purposes (763351 3) PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 285 1 ‘‘(vii) RELATED PERSON.—For pur- 2 poses of clause (v), a person is a related 3 person to a taxpayer if the related person 4 bears a relationship to the taxpayer speci- 5 fied 6 707(b)(1).’’. 7 in section 267(b) or section (c) EFFECTIVE DATE.—The amendments made by 8 this section shall take effect as if included in the enact9 ment of section 2302(b) of the Coronavirus Aid, Relief, 10 and Economic Security Act. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 286 1 DIVISION C—HEALTH PROVISIONS 2 TITLE I—MEDICAID PROVISIONS 3 COVID–19-RELATED TEMPORARY INCREASE OF MEDICAID 4 FMAP 5 SEC. 30101. 6 (a) IN GENERAL.—Section 6008 of the Families 7 First Coronavirus Response Act (42 U.S.C. 1396d note) 8 is amended— 9 (1) in subsection (a)— 10 (A) by inserting ‘‘(or, if later, June 30, 11 2021)’’ after ‘‘last day of such emergency pe- 12 riod occurs’’; and 13 (B) by striking ‘‘6.2 percentage points.’’ 14 and inserting ‘‘the percentage points specified 15 in subsection (e). In no case may the applica- 16 tion of this section result in the Federal medical 17 assistance percentage determined for a State 18 being more than 95 percent.’’; and 19 (2) by adding at the end the following new sub- 20 sections: 21 ‘‘(e) SPECIFIED PERCENTAGE POINTS.—For pur- 22 poses of subsection (a), the percentage points specified in 23 this subsection are— 24 ‘‘(1) for each calendar quarter occurring during 25 the period beginning on the first day of the emer- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 287 1 gency period described in paragraph (1)(B) of sec- 2 tion 1135(g) of the Social Security Act (42 U.S.C. 3 1320b-5(g)) and ending on June 30, 2020, 6.2 per- 4 centage points; 5 ‘‘(2) for each calendar quarter occurring during 6 the period beginning on July 1, 2020, and ending on 7 June 30, 2021, 14 percentage points; and 8 ‘‘(3) for each calendar quarter, if any, occurring 9 during the period beginning on July 1, 2021, and 10 ending on the last day of the calendar quarter in 11 which the last day of such emergency period occurs, 12 6.2 percentage points. 13 ‘‘(f) CLARIFICATIONS.— 14 ‘‘(1) In the case of a State that treats an indi- 15 vidual described in subsection (b)(3) as eligible for 16 the benefits described in such subsection, for the pe- 17 riod described in subsection (a), expenditures for 18 medical assistance and administrative costs attrib- 19 utable to such individual that would not otherwise be 20 included as expenditures under section 1903 of the 21 Social Security Act shall be regarded as expendi- 22 tures under the State plan approved under title XIX 23 of the Social Security Act or for administration of 24 such State plan. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 288 1 ‘‘(2) The limitations on payment under sub- 2 sections (f) and (g) of section 1108 of the Social Se- 3 curity Act (42 U.S.C. 1308) shall not apply to Fed- 4 eral payments made under section 1903(a)(1) of the 5 Social Security Act (42 U.S.C. 1396b(a)(1)) attrib- 6 utable to the increase in the Federal medical assist- 7 ance percentage under this section. 8 ‘‘(3) Expenditures attributable to the increased 9 Federal medical assistance percentage under this 10 section shall not be counted for purposes of the limi- 11 tations under section 2104(b)(4) of such Act (42 12 U.S.C. 1397dd(b)(4)). 13 ‘‘(g) SCOPE OF APPLICATION.—An increase in the 14 Federal medical assistance percentage for a State under 15 this section shall not be taken into account for purposes 16 of payments under part D of title IV of the Social Security 17 Act (42 U.S.C. 651 et seq.).’’. 18 (b) EFFECTIVE DATE.—The amendments made by 19 subsection (a) shall take effect and apply as if included 20 in the enactment of section 6008 of the Families First 21 Coronavirus Response Act (Public Law 116–127). 22 LIMITATION ON ADDITIONAL SECRETARIAL ACTION WITH 23 RESPECT TO MEDICAID SUPPLEMENTAL PAYMENTS 24 REPORTING REQUIREMENTS 25 SEC. 30102. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 289 1 (a) IN GENERAL.—Notwithstanding any other provi- 2 sion of law, during the period that begins on the date of 3 enactment of this section and ends on the last day of the 4 emergency period described in paragraph (1)(B) of section 5 1135(g) of the Social Security Act (42 U.S.C. 1320b– 6 5(g)), the Secretary of Health and Human Services shall 7 not take any action (through promulgation of regulation, 8 issue of regulatory guidance, or otherwise) to— 9 (1) finalize or otherwise implement provisions 10 contained in the proposed rule published on Novem- 11 ber 18, 2019, on pages 63722 through 63785 of vol- 12 ume 84, Federal Register (relating to parts 430, 13 433, 447, 455, and 457 of title 42, Code of Federal 14 Regulations); or 15 (2) promulgate or implement any rule or provi- 16 sion similar to the provisions described in paragraph 17 (1) pertaining to the Medicaid program established 18 under title XIX of the Social Security Act (42 19 U.S.C. 1396 et seq.) or the State Children’s Health 20 Insurance Program established under title XXI of 21 such Act (42 U.S.C. 1397aa et seq.). 22 (b) CONTINUATION 23 THORITY.—Nothing OF OTHER SECRETARIAL AU- in this section shall be construed as 24 prohibiting the Secretary during the period described in 25 subsection (a) from taking any action (through promulga- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 290 1 tion of regulation, issuance of regulatory guidance, or 2 other administrative action) to enforce a provision of law 3 in effect as of the date of enactment of this section with 4 respect to the Medicaid program established under title 5 XIX of the Social Security Act (42 U.S.C. 1396 et seq.) 6 or the State Children’s Health Insurance Program estab7 lished under title XXI of such Act (42 U.S.C. 1397aa et 8 seq.), or to promulgate or implement a new rule or provi9 sion during such period with respect to such programs, 10 other than a rule or provision described in subsection (a) 11 and subject to the prohibition set forth in that subsection. 12 ADDITIONAL SUPPORT FOR MEDICAID HOME AND COMMU- 13 NITY-BASED SERVICES DURING THE COVID–19 EMER- 14 GENCY PERIOD 15 SEC. 30103. 16 (a) INCREASED FMAP.— 17 (1) IN section 18 1905(b) of the Social Security Act (42 U.S.C. 19 1396d(b)), in the case of an HCBS program State, 20 the Federal medical assistance percentage deter- 21 mined for the State under section 1905(b) of such 22 Act and, if applicable, increased under subsection 23 (y), (z), or (aa) of section 1905 of such Act (42 24 U.S.C. 1396d), section 1915(k) of such Act (42 25 U.S.C. 1396n(k)), or section 6008(a) of the Fami- 26 lies First Coronavirus Response Act (Public Law g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Notwithstanding 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00290 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 291 1 116–127), shall be increased by 10 percentage 2 points with respect to expenditures of the State 3 under the State Medicaid program for home and 4 community-based services that are provided during 5 the HCBS program improvement period. In no case 6 may the application of the previous sentence result 7 in the Federal medical assistance percentage deter- 8 mined for a State being more than 95 percent. 9 (2) DEFINITIONS.—In this section: 10 (A) HCBS 11 RIOD.—The 12 ment period’’ means, with respect to a State, 13 the period— term ‘‘HCBS program improve- 14 (i) beginning on July 1, 2020; and 15 (ii) ending on June 30, 2021. 16 (B) HCBS PROGRAM STATE.—The term 17 ‘‘HCBS program State’’ means a State that 18 meets the condition described in subsection (b) 19 by submitting an application described in such 20 subsection, which is approved by the Secretary 21 pursuant to subsection (c). 22 (C) HOME AND COMMUNITY-BASED SERV- 23 ICES.—The 24 services’’ means home health care services au- 25 thorized under paragraph (7) of section 1905(a) g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PROGRAM IMPROVEMENT PE- 12:13 May 12, 2020 Jkt 000000 term ‘‘home and community-based (763351 3) PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 292 1 of 2 1396d(a)), personal care services authorized 3 under paragraph (24) of such section, PACE 4 services authorized under paragraph (26) of 5 such section, services authorized under sub- 6 sections (b), (c), (i), (j), and (k) of section 1915 7 of such Act (42 U.S.C. 1396n), such services 8 authorized under a waiver under section 1115 9 of such Act (42 U.S.C. 1315), and such other 10 11 the Social Security Act (42 U.S.C. services specified by the Secretary. (b) CONDITION.—The condition described in this sub- 12 section, with respect to a State, is that the State submits 13 an application to the Secretary, at such time and in such 14 manner as specified by the Secretary, that includes, in ad15 dition to such other information as the Secretary shall re16 quire— 17 (1) a description of which activities described in 18 subsection (d) that a state plans to implement and 19 a description of how it plans to implement such ac- 20 tivities; 21 (2) assurances that the Federal funds attrib- 22 utable to the increase under subsection (a) will be 23 used— 24 (A) to implement the activities described in 25 subsection (d); and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 293 1 (B) to supplement, and not supplant, the 2 level of State funds expended for home and 3 community-based services for eligible individ- 4 uals through programs in effect as of the date 5 of the enactment of this section; and 6 (3) assurances that the State will conduct ade- 7 quate oversight and ensure the validity of such data 8 as may be required by the Secretary. 9 (c) APPROVAL OF APPLICATION.—Not later than 90 10 days after the date of submission of an application of a 11 State under subsection (b), the Secretary shall certify if 12 the application is complete. Upon certification that an ap13 plication of a State is complete, the application shall be 14 deemed to be approved for purposes of this section. 15 (d) ACTIVITIES TO IMPROVE THE DELIVERY OF 16 HCBS.— 17 (1) IN State shall work with 18 community partners, such as Area Agencies on 19 Aging, Centers for Independent Living, non-profit 20 home and community-based services providers, and 21 other entities providing home and community-based 22 services, to implement— 23 (A) the purposes described in paragraph 24 (2) during the COVID–19 public health emer- 25 gency period; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—A 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 294 1 (B) the purposes described in paragraph 2 (3) after the end of such emergency period. 3 (2) FOCUSED OF HCBS 4 MENT.—The 5 with respect to a State, are the following: IMPROVE- purposes described in this paragraph, 6 (A) To increase rates for home health 7 agencies and agencies that employ direct sup- 8 port professionals (including independent pro- 9 viders in a self-directed or consumer-directed 10 model) to provide home and community-based 11 services under the State Medicaid program, 12 provided that any agency or individual that re- 13 ceives payment under such an increased rate in- 14 creases the compensation it pays its home 15 health workers or direct support professionals. 16 (B) To provide paid sick leave, paid family 17 leave, and paid medical leave for home health 18 workers and direct support professionals. 19 (C) To provide hazard pay, overtime pay, 20 and shift differential pay for home health work- 21 ers and direct support professionals. 22 (D) To provide home and community- 23 based services to eligible individuals who are on 24 waiting lists for programs approved under sec- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AREAS 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00294 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 295 1 tions 1115 or 1915 of the Social Security Act 2 (42 U.S.C. 1315, 1396n). 3 (E) To purchase emergency supplies and 4 equipment, which may include items not typi- 5 cally covered under the Medicaid program, such 6 as personal protective equipment, necessary to 7 enhance access to services and to protect the 8 health and well-being of home health workers 9 and direct support professionals. 10 (F) To pay for the travel of home health 11 workers and direct support professionals to con- 12 duct home and community-based services. 13 (G) To recruit new home health workers 14 and direct support professionals. 15 (H) To support family care providers of el- 16 igible individuals with needed supplies and 17 equipment, which may include items not typi- 18 cally covered under the Medicaid program, such 19 as personal protective equipment, and pay. 20 (I) To pay for training for home health 21 workers and direct support professionals that is 22 specific to the COVID–19 public health emer- 23 gency. 24 (J) To pay for assistive technologies, staff- 25 ing, and other costs incurred during the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00295 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 296 1 COVID–19 public health emergency period in 2 order to facilitate community integration and 3 ensure an individual’s person-centered service 4 plan continues to be fully implemented. 5 (K) To prepare information and public 6 health and educational materials in accessible 7 formats (including formats accessible to people 8 with low literacy or intellectual disabilities) 9 about prevention, treatment, recovery and other 10 aspects of COVID–19 for eligible individuals, 11 their families, and the general community 12 served by agencies described in subparagraph 13 (A). 14 (L) To pay for American sign language in- 15 terpreters to assist in providing home and com- 16 munity-based services to eligible individuals and 17 to inform the general public about COVID–19. 18 (M) To allow day services providers to pro- 19 vide home and community-based services. 20 (N) To pay for other expenses deemed ap- 21 propriate by the Secretary to enhance, expand, 22 or strengthen Home and Community-Based 23 Services, including retainer payments, and ex- 24 penses which meet the criteria of the home and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 297 1 community-based settings rule published on 2 January 16, 2014. 3 (3) PERMISSIBLE AFTER THE EMER- 4 GENCY 5 paragraph, with respect to a State, is to assist eligi- 6 ble individuals who had to relocate to a nursing fa- 7 cility or institutional setting from their homes dur- 8 ing the COVID–19 public health emergency period 9 in— PERIOD.—The purpose described in this 10 (A) moving back to their homes (including 11 by paying for moving costs, first month’s rent, 12 and other one-time expenses and start-up 13 costs); 14 (B) resuming home and community-based 15 services; 16 (C) receiving mental health services and 17 necessary rehabilitative service to regain skills 18 lost while relocated during the public health 19 emergency period; and 20 (D) while funds attributable to the in- 21 creased FMAP under this section remain avail- 22 able, continuing home and community-based 23 services for eligible individuals who were served 24 from a waiting list for such services during the 25 public health emergency period. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 USES 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 298 1 (e) REPORTING REQUIREMENTS.— 2 (1) STATE 3 later than December 31, 2022, any State with re- 4 spect to which an application is approved by the Sec- 5 retary pursuant to subsection (c) shall submit a re- 6 port to the Secretary that contains the following in- 7 formation: 8 (A) Activities and programs that were 9 funded using Federal funds attributable to such 10 increase. 11 (B) The number of eligible individuals who 12 were served by such activities and programs. 13 (C) The number of eligible individuals who 14 were able to resume home and community- 15 based services as a result of such activities and 16 programs. 17 (2) HHS 18 EVALUATION.— (A) IN GENERAL.—The Secretary shall 19 evaluate the implementation and outcomes of 20 this section in the aggregate using an external 21 evaluator with experience evaluating home and 22 community-based services, disability programs, 23 and older adult programs. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REPORTING REQUIREMENTS.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 299 1 (B) EVALUATION pur- 2 poses of subparagraph (A), the external eval- 3 uator shall— 4 (i) document and evaluate changes in 5 access, availability, and quality of home 6 and community-based services in each 7 HCBS program State; 8 (ii) document and evaluate aggregate 9 changes in access, availability, and quality 10 of home and community-based services 11 across all such States; and 12 (iii) evaluate the implementation and 13 outcomes of this section based on— 14 (I) the impact of this section on 15 increasing funding for home and com- 16 munity-based services; 17 (II) the impact of this section on 18 achieving targeted access, availability, 19 and quality of home and community- 20 based services; and 21 (III) promising practices identi- 22 fied by activities conducted pursuant 23 to subsection (d) that increase access 24 to, availability of, and quality of home 25 and community-based services. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CRITERIA.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 300 1 (C) DISSEMINATION 2 INGS.—The Secretary shall— 3 (i) disseminate the findings from the 4 evaluations conducted under this para- 5 graph to— 6 (I) all State Medicaid directors; 7 and 8 (II) the Committee on Energy 9 and Commerce of the House of Rep- 10 resentatives, the Committee on Fi- 11 nance of the Senate, and the Special 12 Committee on Aging of the Senate; 13 and 14 (ii) make all evaluation findings pub- 15 licly available in an accessible electronic 16 format and any other accessible format de- 17 termined appropriate by the Secretary. 18 (D) OVERSIGHT.—Each State with respect 19 to which an application is approved by the Sec- 20 retary pursuant to subsection (c) shall ensure 21 adequate oversight of the expenditure of Fed- 22 eral funds pursuant to such increase in accord- 23 ance with the Medicaid regulations, including 24 section 1115 and 1915 waiver regulations and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF EVALUATION FIND- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 301 1 special terms and conditions for any relevant 2 waiver or grant program. 3 (3) NON-APPLICATION 4 DUCTION 5 States Code (commonly referred to as the ‘‘Paper- 6 work Reduction Act of 1995’’), shall not apply to the 7 provisions of this subsection. 8 (f) ADDITIONAL DEFINITIONS.—In this section: 9 ACT.—Chapter (1) COVID–19 35 of title 44, United PUBLIC HEALTH EMERGENCY 10 PERIOD.—The 11 gency period’’ means the portion of the emergency 12 period described in paragraph (1)(B) of section 13 1135(g) of the Social Security Act (42 U.S.C. 14 1320b–5(g)) beginning on or after the date of the 15 enactment of this Act. 16 (2) ELIGIBLE term ‘‘COVID–19 public health emer- INDIVIDUAL.—The term ‘‘eligible 17 individual’’ means an individual who is eligible for or 18 enrolled for medical assistance under a State Med- 19 icaid program. 20 (3) MEDICAID PROGRAM.—The term ‘‘Medicaid 21 program’’ means, with respect to a State, the State 22 program under title XIX of the Social Security Act 23 (42 U.S.C. 1396 et seq.) (including any waiver or 24 demonstration under such title or under section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF THE PAPERWORK RE- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00301 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 302 1 1115 of such Act (42 U.S.C. 1315) relating to such 2 title). 3 4 (4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Health and Human Services. 5 (5) STATE.—The term ‘‘State’’ has the mean- 6 ing given such term for purposes of title XIX of the 7 Social Security Act (42 U.S.C. 1396 et seq.). 8 COVERAGE AT NO COST SHARING OF COVID–19 VACCINE 9 AND TREATMENT 10 SEC. 30104. 11 (a) MEDICAID.— 12 (1) IN 1905(a)(4) of the 13 Social Security Act (42 U.S.C. 1396d(a)(4)) is 14 amended— 15 (A) by striking ‘‘and (D)’’ and inserting 16 ‘‘(D)’’; and 17 (B) by striking the semicolon at the end 18 and inserting ‘‘; (E) during the portion of the 19 emergency period described in paragraph (1)(B) 20 of section 1135(g) beginning on the date of the 21 enactment of the HEROES Act, a COVID–19 22 vaccine licensed under section 351 of the Public 23 Health Service Act, or approved or authorized 24 under sections 505 or 564 of the Federal Food, 25 Drug, and Cosmetic Act, and administration of 26 the vaccine; (F) during such portion of the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Section 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 303 1 emergency period described in paragraph (1)(B) 2 of section 1135(g), items or services for the 3 prevention or treatment of COVID–19, includ- 4 ing drugs approved or authorized under such 5 section 505 or such section 564 or, without re- 6 gard 7 1902(a)(10)(B) (relating to comparability), in 8 the case of an individual who is diagnosed with 9 or presumed to have COVID–19, during such 10 portion of such emergency period during which 11 such individual is infected (or presumed in- 12 fected) with COVID–19, the treatment of a 13 condition that may complicate the treatment of 14 COVID–19;’’. 15 (2) PROHIBITION 16 (A) IN to requirements of section OF COST SHARING.— GENERAL.—Subsections (a)(2) and 17 (b)(2) of section 1916 of the Social Security 18 Act (42 U.S.C. 1396o) are each amended— 19 (i) in subparagraph (F), by striking 20 ‘‘or’’ at the end; 21 (ii) in subparagraph (G), by striking 22 ‘‘; and’’ and inserting ‘‘, or’’; and 23 (iii) by adding at the end the fol- 24 lowing subparagraphs: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 the 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 304 1 ‘‘(H) during the portion of the emergency 2 period described in paragraph (1)(B) of section 3 1135(g) beginning on the date of the enactment 4 of this subparagraph, a COVID–19 vaccine li- 5 censed under section 351 of the Public Health 6 Service Act, or approved or authorized under 7 section 505 or 564 of the Federal Food, Drug, 8 and Cosmetic Act, and the administration of 9 such vaccine, or 10 ‘‘(I) during such portion of the emergency 11 period described in paragraph (1)(B) of section 12 1135(g), any item or service furnished for the 13 treatment of COVID–19, including drugs ap- 14 proved or authorized under such section 505 or 15 such section 564 or, in the case of an individual 16 who is diagnosed with or presumed to have 17 COVID–19, during the portion of such emer- 18 gency period during which such individual is in- 19 fected (or presumed infected) with COVID–19, 20 the treatment of a condition that may com- 21 plicate the treatment of COVID–19; and’’. 22 (B) APPLICATION 23 SHARING.—Section 24 cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) 25 is amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO ALTERNATIVE COST 12:13 May 12, 2020 Jkt 000000 1916A(b)(3)(B) of the So- (763351 3) PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 305 1 (i) in clause (xi), by striking ‘‘any 2 visit’’ and inserting ‘‘any service’’; and 3 (ii) by adding at the end the following 4 clauses: 5 ‘‘(xii) During the portion of the emer- 6 gency period described in paragraph (1)(B) 7 of section 1135(g) beginning on the date of 8 the enactment of this clause, a COVID–19 9 vaccine licensed under section 351 of the 10 Public Health Service Act, or approved or 11 authorized under section 505 or 564 of the 12 Federal Food, Drug, and Cosmetic Act, 13 and the administration of such vaccine. 14 ‘‘(xiii) During such portion of the 15 emergency period described in paragraph 16 (1)(B) of section 1135(g), an item or serv- 17 ice furnished for the treatment of COVID– 18 19, including drugs approved or authorized 19 under such section 505 or such section 564 20 or, in the case of an individual who is diag- 21 nosed with or presumed to have COVID– 22 19, during such portion of such emergency 23 period during which such individual is in- 24 fected 25 COVID–19, the treatment of a condition g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (or presumed infected) with (763351 3) PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 306 1 that may complicate the treatment of 2 COVID–19.’’. 3 (C) CLARIFICATION.—The amendments 4 made by this subsection shall apply with respect 5 to a State plan of a territory in the same man- 6 ner as a State plan of one of the 50 States. 7 (b) STATE PEDIATRIC VACCINE DISTRIBUTION PRO- 8 GRAM.—Section 1928 of the Social Security Act (42 9 U.S.C. 1396s) is amended— 10 (1) in subsection (a)(1)— 11 (A) in subparagraph (A), by striking ‘‘; 12 and’’ and inserting a semicolon; 13 (B) in subparagraph (B), by striking the 14 period and inserting ‘‘; and’’; and 15 (C) by adding at the end the following sub- 16 paragraph: 17 ‘‘(C) during the portion of the emergency 18 period described in paragraph (1)(B) of section 19 1135(g) beginning on the date of the enactment 20 of this subparagraph, each vaccine-eligible child 21 (as defined in subsection (b)) is entitled to re- 22 ceive a COVID–19 vaccine from a program-reg- 23 istered provider (as defined in subsection 24 (h)(7)) without charge for— 25 ‘‘(i) the cost of such vaccine; or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00306 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 307 1 ‘‘(ii) the administration of such vac- 2 cine.’’; 3 (2) in subsection (c)(2)— 4 (A) in subparagraph (C)(ii), by inserting ‘‘, 5 but, during the portion of the emergency period 6 described in paragraph (1)(B) of section 7 1135(g) beginning on the date of the enactment 8 of the HEROES Act, may not impose a fee for 9 the administration of a COVID–19 vaccine’’ be- 10 fore the period; and 11 (B) by adding at the end the following sub- 12 paragraph: 13 ‘‘(D) The provider will provide and admin- 14 ister an approved COVID–19 vaccine to a vac- 15 cine-eligible child in accordance with the same 16 requirements as apply under the preceding sub- 17 paragraphs to the provision and administration 18 of a qualified pediatric vaccine to such a 19 child.’’; and 20 (3) in subsection (d)(1), in the first sentence, 21 by inserting ‘‘, including, during the portion of the 22 emergency period described in paragraph (1)(B) of 23 section 1135(g) beginning on the date of the enact- 24 ment of the HEROES Act, with respect to a 25 COVID–19 vaccine licensed under section 351 of the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 308 1 Public Health Service Act, or approved or authorized 2 under section 505 or 564 of the Federal Food, 3 Drug, and Cosmetic Act’’ before the period. 4 (c) CHIP.— 5 (1) IN 2103(c) of the So- 6 cial Security Act (42 U.S.C. 1397cc(c)) is amended 7 by adding at the end the following paragraph: 8 9 ‘‘(11) COVERAGE OF COVID–19 VACCINES AND TREATMENT.—Regardless of the type of coverage 10 elected by a State under subsection (a), child health 11 assistance provided under such coverage for targeted 12 low-income children and, in the case that the State 13 elects to provide pregnancy-related assistance under 14 such coverage pursuant to section 2112, such preg- 15 nancy-related assistance for targeted low-income 16 pregnant women (as defined in section 2112(d)) 17 shall include coverage, during the portion of the 18 emergency period described in paragraph (1)(B) of 19 section 1135(g) beginning on the date of the enact- 20 ment of this paragraph, of— 21 ‘‘(A) a COVID–19 vaccine licensed under 22 section 351 of the Public Health Service Act, or 23 approved or authorized under section 505 or 24 564 of the Federal Food, Drug, and Cosmetic g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Section 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00308 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 309 1 Act, and the administration of such vaccine; 2 and 3 ‘‘(B) any item or service furnished for the 4 treatment of COVID–19, including drugs ap- 5 proved or authorized under such section 505 or 6 such section 564, or, in the case of an indi- 7 vidual who is diagnosed with or presumed to 8 have COVID–19, during the portion of such 9 emergency period during which such individual 10 is infected (or presumed infected) with COVID– 11 19, the treatment of a condition that may com- 12 plicate the treatment of COVID–19.’’. 13 (2) PROHIBITION 14 2103(e)(2) of the Social Security Act (42 U.S.C. 15 1397cc(e)(2)), as amended by section 6004(b)(3) of 16 the Families First Coronavirus Response Act, is 17 amended— 18 (A) in the paragraph header, by inserting 19 ‘‘A 20 before ‘‘OR 21 and COVID–19 VACCINE, COVID–19 TREATMENT,’’ PREGNANCY-RELATED ASSISTANCE’’; 22 (B) by striking ‘‘visits described in section 23 1916(a)(2)(G), or’’ and inserting ‘‘services de- 24 scribed in section 1916(a)(2)(G), vaccines de- 25 scribed in section 1916(a)(2)(H) administered g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF COST SHARING.—Section 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 310 1 during the portion of the emergency period de- 2 scribed in paragraph (1)(B) of section 1135(g) 3 beginning on the date of the enactment of the 4 HEROES Act, items or services described in 5 section 1916(a)(2)(I) furnished during such 6 emergency period, or’’. 7 (d) CONFORMING AMENDMENTS.—Section 1937 of 8 the Social Security Act (42 U.S.C. 1396u–7) is amend9 ed— 10 (1) in subsection (a)(1)(B), by inserting ‘‘, 11 under 12 1902(a)(10)(A)(ii),’’ 13 1902(a)(10)(A)(i)’’; and subclause (XXIII) after of section ‘‘section 14 (2) in subsection (b)(5), by adding before the 15 period the following: ‘‘, and, effective on the date of 16 the enactment of the HEROES Act, must comply 17 with subparagraphs (F) through (I) of subsections 18 (a)(2) and (b)(2) of section 1916 and subsection 19 (b)(3)(B) of section 1916A’’. 20 (e) EFFECTIVE DATE.—The amendments made by 21 this section shall take effect on the date of enactment of 22 this Act and shall apply with respect to a COVID–19 vac23 cine beginning on the date that such vaccine is licensed 24 under section 351 of the Public Health Service Act (42 g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00310 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 311 1 U.S.C. 262), or approved or authorized under section 505 2 or 564 of the Federal Food, Drug, and Cosmetic Act. 3 OPTIONAL COVERAGE AT NO COST SHARING OF COVID–19 4 TREATMENT AND VACCINES UNDER MEDICAID FOR 5 UNINSURED INDIVIDUALS 6 SEC. 30105. 7 (a) IN GENERAL.—Section 1902(a)(10) of the Social 8 Security Act (42 U.S.C. 1396a(a)(10) is amended, in the 9 matter following subparagraph (G), by striking ‘‘and any 10 visit described in section 1916(a)(2)(G)’’ and inserting the 11 following: ‘‘, any COVID–19 vaccine that is administered 12 during any such portion (and the administration of such 13 vaccine), any item or service that is furnished during any 14 such portion for the treatment of COVID–19, including 15 drugs approved or authorized under section 505 or 564 16 of the Federal Food, Drug, and Cosmetic Act, or, in the 17 case of an individual who is diagnosed with or presumed 18 to have COVID–19, during the period such individual is 19 infected (or presumed infected) with COVID–19, the 20 treatment of a condition that may complicate the treat21 ment of COVID–19, and any services described in section 22 1916(a)(2)(G)’’. 23 (b) DEFINITION OF UNINSURED INDIVIDUAL.— 24 (1) IN (ss) of section 25 1902 of the Social Security Act (42 U.S.C. 1396a) 26 is amended to read as follows: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Subsection 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 312 1 ‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For pur- 2 poses of this section, the term ‘uninsured individual’ 3 means, notwithstanding any other provision of this title, 4 any individual who is not covered by minimum essential 5 coverage (as defined in section 5000A(f)(1) of the Internal 6 Revenue Code of 1986).’’. 7 (2) EFFECTIVE DATE.—The amendment made 8 by paragraph (1) shall take effect and apply as if in- 9 cluded in the enactment of the Families First 10 Coronavirus Response Act (Public Law 116–127). 11 (c) CLARIFICATION REGARDING EMERGENCY SERV- 12 ICES FOR CERTAIN INDIVIDUALS.—Section 1903(v)(2) of 13 the Social Security Act (42 U.S.C. 1396b(v)(2)) is amend14 ed by adding at the end the following flush sentence: 15 ‘‘For purposes of subparagraph (A), care and serv- 16 ices described in such subparagraph include any in 17 vitro 18 1905(a)(3)(B) (and the administration of such prod- 19 uct), any COVID–19 vaccine (and the administra- 20 tion of such vaccine), any item or service that is fur- 21 nished for the treatment of COVID–19, including 22 drugs approved or authorized under section 505 or 23 564 of the Federal Food, Drug, and Cosmetic Act, 24 or a condition that may complicate the treatment of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 diagnostic product described in section (763351 3) PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 313 1 COVID–19, and any services described in section 2 1916(a)(2)(G).’’. 3 (d) INCLUSION OF COVID–19 CONCERN AS AN 4 EMERGENCY CONDITION.—Section 1903(v)(3) of the So5 cial Security Act (42 U.S.C. 1396b(v)(3)) is amended by 6 adding at the end the following flush sentence: 7 ‘‘Such term includes any indication that an alien de- 8 scribed in paragraph (1) may have contracted 9 COVID–19.’’. 10 EXTENSION OF FULL FEDERAL MEDICAL ASSISTANCE 11 PERCENTAGE TO INDIAN HEALTH CARE PROVIDERS 12 SEC. 30106. 13 Section 1905 of the Social Security Act (42 U.S.C. 14 1396d) is amended— 15 16 (1) in subsection (a), by amending paragraph (9) to read as follows: 17 ‘‘(9) clinic services furnished by or under the 18 direction of a physician, without regard to whether 19 the clinic itself is administered by a physician, in- 20 cluding— 21 ‘‘(A) such services furnished outside the 22 clinic by clinic personnel to an eligible indi- 23 vidual who does not reside in a permanent 24 dwelling or does not have a fixed home or mail- 25 ing address; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 314 1 ‘‘(B) for the period beginning on July 1, 2 2020, and ending on June 30, 2021, such serv- 3 ices provided outside the clinic on the basis of 4 a referral from a clinic administered by an In- 5 dian Health Program (as defined in paragraph 6 (12) of section 4 of the Indian Health Care Im- 7 provement Act, or an Urban Indian Organiza- 8 tion as defined in paragraph (29) of section 4 9 of such Act that has a grant or contract with 10 the Indian Health Service under title V of such 11 Act;’’. 12 (2) in subsection (b), by inserting after ‘‘(as de- 13 fined in section 4 of the Indian Health Care Im- 14 provement Act)’’ the following: ‘‘; for the period be- 15 ginning on July 1, 2020, and ending on June 30, 16 2021, the Federal medical assistance percentage 17 shall also be 100 per centum with respect to 18 amounts expended as medical assistance for services 19 which are received through an Urban Indian organi- 20 zation (as defined in section 4 of the Indian Health 21 Care Improvement Act) that has a grant or contract 22 with the Indian Health Service under title V of such 23 Act; and, for such period, the Federal medical as- 24 sistance percentage shall also be 100 per centum 25 with respect to amounts expended as medical assist- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 315 1 ance for services provided to an individual who is eli- 2 gible to receive services from the Indian Health 3 Service and is eligible for assistance under the State 4 plan, by a participating provider under the State 5 plan whether provided directly or on the basis of a 6 referral from the Indian Health Service, a Indian 7 Health Service facility operated by an Indian tribe 8 or tribal organization, or an Urban Indian organiza- 9 tion (as defined in section 4 of such Act) that has 10 a grant or contract with the Indian Health Service 11 under title V of such Act’’. 12 MEDICAID COVERAGE FOR CITIZENS OF FREELY 13 ASSOCIATED STATES 14 SEC. 30107. 15 (a) IN GENERAL.—Section 402(b)(2) of the Personal 16 Responsibility and Work Opportunity Reconciliation Act 17 of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding at 18 the end the following new subparagraph: 19 ‘‘(G) MEDICAID 20 OF FREELY ASSOCIATED STATES.—With 21 to eligibility for benefits for the designated Fed- 22 eral program defined in paragraph (3)(C) (re- 23 lating to the Medicaid program), section 401(a) 24 and paragraph (1) shall not apply to any indi- 25 vidual who lawfully resides in 1 of the 50 States 26 or the District of Columbia in accordance with g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 EXCEPTION FOR CITIZENS 12:13 May 12, 2020 Jkt 000000 respect (763351 3) PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 316 1 the Compacts of Free Association between the 2 Government of the United States and the Gov- 3 ernments of the Federated States of Micro- 4 nesia, the Republic of the Marshall Islands, and 5 the Republic of Palau and shall not apply, at 6 the option of the Governor of Puerto Rico, the 7 Virgin Islands, Guam, the Northern Mariana 8 Islands, or American Samoa as communicated 9 to the Secretary of Health and Human Services 10 in writing, to any individual who lawfully re- 11 sides in the respective territory in accordance 12 with such Compacts.’’. 13 (b) EXCEPTION TO 5–YEAR LIMITED ELIGIBILITY.— 14 Section 403(d) of such Act (8 U.S.C. 1613(d)) is amend15 ed— 16 17 (1) in paragraph (1), by striking ‘‘or’’ at the end; 18 19 (2) in paragraph (2), by striking the period at the end and inserting ‘‘; or’’; and 20 21 (3) by adding at the end the following new paragraph: 22 ‘‘(3) individual described in section 23 402(b)(2)(G), but only with respect to the des- 24 ignated 25 402(b)(3)(C).’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 an 12:13 May 12, 2020 Jkt 000000 Federal program defined in section (763351 3) PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 317 1 (c) DEFINITION OF QUALIFIED ALIEN.—Section 2 431(b) of such Act (8 U.S.C. 1641(b)) is amended— 3 4 (1) in paragraph (6), by striking ‘‘; or’’ at the end and inserting a comma; 5 6 (2) in paragraph (7), by striking the period at the end and inserting ‘‘, or’’; and 7 8 (3) by adding at the end the following new paragraph: 9 ‘‘(8) an individual who lawfully resides in the 10 United States in accordance with a Compact of Free 11 Association referred to in section 402(b)(2)(G), but 12 only with respect to the designated Federal program 13 defined in section 402(b)(3)(C) (relating to the Med- 14 icaid program).’’. 15 (d) APPLICATION TO STATE PLANS.—Section 16 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 17 1396a(a)(10)(A)(i)) is amended by inserting after sub18 clause (IX) the following: 19 ‘‘(X) who are described in section 20 402(b)(2)(G) of the Personal Respon- 21 sibility and Work Opportunity Rec- 22 onciliation Act of 1996 and eligible 23 for benefits under this title by reason 24 of application of such section;’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 318 1 (e) CONFORMING AMENDMENTS.—Section 1108 of 2 the Social Security Act (42 U.S.C. 1308) is amended— 3 (1) in subsection (f), in the matter preceding 4 paragraph (1), by striking ‘‘subsections (g) and (h) 5 and section 1935(e)(1)(B)’’ and inserting ‘‘sub- 6 sections (g), (h), and (i) and section 1935(e)(1)(B)’’; 7 and 8 (2) by adding at the end the following: 9 10 ‘‘(i) EXCLUSION OF MEDICAL ASSISTANCE EXPENDITURES FOR CITIZENS OF FREELY ASSOCIATED STATES.— 11 Expenditures for medical assistance provided to an indi12 vidual described in section 431(b)(8) of the Personal Re13 sponsibility and Work Opportunity Reconciliation Act of 14 1996 (8 U.S.C. 1641(b)(8)) shall not be taken into ac15 count for purposes of applying payment limits under sub16 sections (f) and (g).’’. 17 (f) EFFECTIVE DATE.—The amendments made by 18 this section shall apply to benefits for items and services 19 furnished on or after the date of the enactment of this 20 Act. 21 TEMPORARY INCREASE IN MEDICAID DSH ALLOTMENTS 22 SEC. 30108. 23 (a) IN GENERAL.—Section 1923(f)(3) of the Social 24 Security Act (42 U.S.C. 1396r–4(f)(3)) is amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 319 1 (1) in subparagraph (A), by striking ‘‘and sub- 2 paragraph (E)’’ and inserting ‘‘and subparagraphs 3 (E) and (F)’’; and 4 (2) by adding at the end the following new sub- 5 paragraph: 6 ‘‘(F) TEMPORARY INCREASE IN ALLOT- 7 MENTS 8 EMERGENCY.—The 9 State for each of fiscal years 2020 and 2021 is 10 equal to 102.5 percent of the DSH allotment 11 that would be determined under this paragraph 12 for the State for each respective fiscal year 13 without application of this subparagraph, not- 14 withstanding subparagraphs (B) and (C). For 15 each fiscal year after fiscal year 2021, the DSH 16 allotment for a State for such fiscal year is 17 equal to the DSH allotment that would have 18 been determined under this paragraph for such 19 fiscal year if this subparagraph had not been 20 enacted. 21 ’’. 22 23 DURING CERTAIN PUBLIC DSH allotment for any (b) DSH ALLOTMENT ADJUSTMENT NESSEE.—Section HEALTH FOR TEN- 1923(f)(6)(A)(vi) of the Social Security 24 Act (42 U.S.C. 1396r–4(f)(6)(A)(vi)) is amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 320 1 (1) by striking ‘‘Notwithstanding any other pro- 2 vision of this subsection’’ and inserting the fol- 3 lowing: 4 ‘‘(I) IN GENERAL.—Notwith- 5 standing any other provision of this 6 subsection (except as provided in sub- 7 clause (II) of this clause)’’; and 8 (2) by adding at the end the following: 9 ‘‘(II) TEMPORARY INCREASE IN 10 ALLOTMENTS.—The 11 for Tennessee for each of fiscal years 12 2020 and 2021 shall be equal to 13 $54,427,500.’’. 14 (c) SENSE DSH allotment CONGRESS.—It is the sense of Con- OF 15 gress that a State should prioritize making payments 16 under the State plan of the State under title XIX of the 17 Social Security Act (42 U.S.C. 1396 et seq.) (or a waiver 18 of such plan) to disproportionate share hospitals that have 19 a higher share of COVID–19 patients relative to other 20 such hospitals in the State. 21 EXTENSION OF EXISTING SECTION 1115 22 DEMONSTRATIONS 23 SEC. 30109. 24 (a) APPLICABILITY.—This section shall apply with 25 respect to demonstrations operated by States pursuant to 26 section 1115(a) of the Social Security Act (42 U.S.C. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 321 1 1315(a)) to promote the objectives of title XIX or XXI 2 of the Social Security Act with a project term set to end 3 on or before February 28, 2021. 4 (b) APPROVAL OF EXTENSION.—Upon request by a 5 State, the Secretary of Health and Human Services shall 6 approve an extension of the waiver and expenditure au7 thorities for a demonstration project described in sub8 section (a) for a period up to and including December 31, 9 2021, to ensure continuity of programs and funding dur10 ing the emergency period described in section 11 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 12 1320b–5(g)(1)(B)). 13 (c) EXTENSION TERMS AND CONDITIONS.—(1) The 14 approval pursuant to this section shall extend the terms 15 and conditions that applied to the demonstration project 16 to the extension period. Financial terms and conditions 17 shall continue at levels equivalent to the prior demonstra18 tion or program year. All demonstration program compo19 nents shall be extended to operate through the end of the 20 extension term. In its request for an extension, the State 21 shall identify operational and programmatic changes nec22 essary to continue and stabilize programs into the exten23 sion period and shall work with the Secretary of Health 24 and Human Services to implement such changes. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 322 1 (2) Notwithstanding the foregoing, the State may re- 2 quest, and the Secretary of Health and Human Services 3 may approve, modifications to a demonstration project’s 4 terms and conditions to address the impact of the federally 5 designated public health emergency with respect to 6 COVID–19. Such modifications may, at the option of the 7 State, become effective retroactive to the start of the cal8 endar quarter in which the first day of the emergency pe9 riod described in paragraph (1)(B) of section 1135(g) of 10 the Social Security Act (42 U.S.C. 1320b–5(g)) occurs. 11 (d) BUDGET NEUTRALITY.—Budget neutrality for 12 extensions under this section shall be deemed to have been 13 met at the conclusion of the extension period, and States 14 receiving extensions under this section shall not be re15 quired to submit a budget neutrality analysis for the ex16 tension period. 17 (e) EXPEDITED APPLICATION PROCESS.—The Fed- 18 eral and State public notice and comment procedures or 19 other time constraints otherwise applicable to demonstra20 tion project amendments shall be waived to expedite a 21 State’s extension request pursuant to this section. The 22 Secretary of Health and Human Services shall approve the 23 extension application within 45 days of a State’s submis24 sion of its request, or such other timeframe as is mutually 25 agreed to with the State. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 323 1 (f) CONTINUATION OF SECRETARIAL AUTHORITY 2 UNDER DECLARED EMERGENCY.—This section does not 3 restrict the Secretary of Health and Human Services from 4 exercising existing flexibilities through demonstration 5 projects operated pursuant to section 1115 of the Social 6 Security Act (42 U.S.C. 1315) in conjunction with the 7 COVID–19 public health emergency. 8 (g) RULE OF CONSTRUCTION.—Nothing in this sec- 9 tion shall authorize the Secretary of Health and Human 10 Service to approve or extend a waiver that fails to meet 11 the requirements of section 1115 of the Social Security 12 Act (42 U.S.C. 1315). 13 ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID 14 FOR INMATES DURING 30-DAY PERIOD PRECEDING 15 RELEASE 16 SEC. 30110. 17 (a) IN GENERAL.—The subdivision (A) following 18 paragraph (30) of section 1905(a) of the Social Security 19 Act (42 U.S.C. 1396d(a)) is amended by inserting ‘‘and 20 except during the 30-day period preceding the date of re21 lease of such individual from such public institution’’ after 22 ‘‘medical institution’’. 23 (b) REPORT.—Not later than June 30, 2022, the 24 Medicaid and CHIP Payment and Access Commission 25 shall submit a report to Congress on the Medicaid inmate 26 exclusion under the subdivision (A) following paragraph g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 324 1 (30) of section 1905(a) of the Social Security Act (42 2 U.S.C. 1396d(a)). Such report may, to the extent prac3 ticable, include the following information: 4 (1) The number of incarcerated individuals who 5 would otherwise be eligible to enroll for medical as- 6 sistance under a State plan approved under title 7 XIX of the Social Security Act (42 U.S.C. 1396 et 8 seq.) (or a waiver of such a plan). 9 (2) Access to health care for incarcerated indi- 10 viduals, including a description of medical services 11 generally available to incarcerated individuals. 12 (3) A description of current practices related to 13 the discharge of incarcerated individuals, including 14 how prisons interact with State Medicaid agencies to 15 ensure that such individuals who are eligible to en- 16 roll for medical assistance under a State plan or 17 waiver described in paragraph (1) are so enrolled. 18 (4) If determined appropriate by the Commis- 19 sion, recommendations for Congress, the Depart- 20 ment of Health and Human Services, or States re- 21 garding the Medicaid inmate exclusion. 22 23 (5) Any other information that the Commission determines would be useful to Congress. 24 MEDICAID COVERAGE OF CERTAIN MEDICAL 25 TRANSPORTATION 26 SEC. 30111. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00324 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 325 1 2 (a) CONTINUING REQUIREMENT ERAGE OF MEDICAID COV- NECESSARY TRANSPORTATION.— 3 (1) REQUIREMENT.—Section 1902(a)(4) of the 4 Social Security Act (42 U.S.C. 1396a(a)(4)) is 5 amended— 6 (A) by striking ‘‘and including provision 7 for utilization’’ and inserting ‘‘including provi- 8 sion for utilization’’; and 9 (B) by inserting after ‘‘supervision of ad- 10 ministration of the plan’’ the following: ‘‘, and, 11 subject to section 1903(i), including a specifica- 12 tion that the single State agency described in 13 paragraph (5) will ensure necessary transpor- 14 tation for beneficiaries under the State plan to 15 and from providers and a description of the 16 methods that such agency will use to ensure 17 such transportation’’. 18 (2) APPLICATION WITH RESPECT TO BENCH- 19 MARK BENEFIT PACKAGES AND BENCHMARK EQUIV- 20 ALENT COVERAGE.—Section 21 Security Act (42 U.S.C. 1396u–7(a)(1)) is amend- 22 ed— 1937(a)(1) of the Social 23 (A) in subparagraph (A), by striking ‘‘sub- 24 section (E)’’ and inserting ‘‘subparagraphs (E) 25 and (F)’’; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 326 1 (B) by adding at the end the following new 2 subparagraph: 3 ‘‘(F) NECESSARY 4 State may only exercise the option under sub- 5 paragraph 6 1903(i)(9) and in accordance with section 7 1902(a)(4), the benchmark benefit package or 8 benchmark equivalent coverage described in 9 such subparagraph (or the State)— (A)(i) if, subject to section 10 ‘‘(i) ensures necessary transportation 11 for individuals enrolled under such package 12 or coverage to and from providers; and 13 ‘‘(ii) provides a description of the 14 methods that will be used to ensure such 15 transportation. 16 ’’. 17 (3) LIMITATION ON FEDERAL FINANCIAL PAR- 18 TICIPATION.—Section 19 Act (42 U.S.C. 1396b(i)) is amended by inserting 20 after paragraph (8) the following new paragraph: 1903(i) of the Social Security 21 ‘‘(9) with respect to any amount expended 22 for non-emergency transportation described in 23 section 1902(a)(4), unless the State plan pro- 24 vides for the methods and procedures required 25 under section 1902(a)(30)(A); or’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TRANSPORTATION.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 327 1 (4) EFFECTIVE DATE.—The amendments made 2 by this subsection shall take effect on the date of the 3 enactment of this Act and shall apply to transpor- 4 tation furnished on or after such date. 5 (b) MEDICAID PROGRAM INTEGRITY MEASURES RE- 6 LATED TO COVERAGE OF NONEMERGENCY MEDICAL 7 TRANSPORTATION.— 8 (1) GAO later than two years 9 after the date of the enactment of this Act, the 10 Comptroller General of the United States shall con- 11 duct a study, and submit to Congress, a report on 12 coverage under the Medicaid program under title 13 XIX of the Social Security Act of nonemergency 14 transportation to medically necessary services. Such 15 study shall take into account the 2009 report of the 16 Office of the Inspector General of the Department of 17 Health and Human Services, titled ‘‘Fraud and 18 Abuse Safeguards for Medicaid Nonemergency Med- 19 ical Transportation’’ (OEI–06–07–003200). Such 20 report shall include the following: 21 (A) An examination of the 50 States and 22 the District of Columbia to identify safeguards 23 to prevent and detect fraud and abuse with re- 24 spect to coverage under the Medicaid program g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 STUDY.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 328 1 of nonemergency transportation to medically 2 necessary services. 3 (B) An examination of transportation bro- 4 kers to identify the range of safeguards against 5 such fraud and abuse to prevent improper pay- 6 ments for such transportation. 7 (C) Identification of the numbers, types, 8 and outcomes of instances of fraud and abuse, 9 with respect to coverage under the Medicaid 10 program of such transportation, that State 11 Medicaid Fraud Control Units have investigated 12 in recent years. 13 (D) Identification of commonalities or 14 trends in program integrity, with respect to 15 such coverage, to inform risk management 16 strategies of States and the Centers for Medi- 17 care & Medicaid Services. 18 (2) STAKEHOLDER 19 (A) IN GENERAL.—Not later than one year 20 after the date of the enactment of this Act, the 21 Secretary of Health and Human Services, 22 through the Centers of Medicare & Medicaid 23 Services, shall convene a series of meetings to 24 obtain input from appropriate stakeholders to 25 facilitate discussion and shared learning about g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 WORKING GROUP.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 329 1 the leading practices for improving Medicaid 2 program integrity, with respect to coverage of 3 nonemergency transportation to medically nec- 4 essary services. 5 (B) 6 meetings convened under subparagraph (A) shall— 7 (i) focus on ongoing challenges to 8 Medicaid program integrity as well as lead- 9 ing practices to address such challenges; 10 and 11 (ii) address specific challenges raised 12 by stakeholders involved in coverage under 13 the Medicaid program of nonemergency 14 transportation to medically necessary serv- 15 ices, including unique considerations for 16 specific groups of Medicaid beneficiaries 17 meriting particular attention, such as 18 American Indians and tribal land issues or 19 accommodations for individuals with dis- 20 abilities. 21 (C) STAKEHOLDERS.—Stakeholders de- 22 scribed in subparagraph (A) shall include indi- 23 viduals from State Medicaid programs, brokers 24 for nonemergency transportation to medically 25 necessary services that meet the criteria de- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TOPICS.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 330 1 scribed in section 1902(a)(70)(B) of the Social 2 Security Act (42 U.S.C. 1396a(a)(70)(B)), pro- 3 viders (including transportation network compa- 4 nies), Medicaid patient advocates, and such 5 other individuals specified by the Secretary. 6 (3) GUIDANCE later than 18 7 months after the date of the enactment of this Act, 8 the Secretary of Health and Human Services, 9 through the Centers for Medicare & Medicaid Serv- 10 ices, shall assess guidance issued to States by the 11 Centers for Medicare & Medicaid Services relating to 12 Federal requirements for nonemergency transpor- 13 tation to medically necessary services under the 14 Medicaid program under title XIX of the Social Se- 15 curity Act and update such guidance as necessary to 16 ensure States have appropriate and current guidance 17 in designing and administering coverage under the 18 Medicaid program of nonemergency transportation 19 to medically necessary services. 20 21 (4) NEMT TRANSPORTATION PROVIDER AND DRIVER REQUIREMENTS.— 22 (A) STATE PLAN REQUIREMENT.—Section 23 1902(a) of the Social Security Act (42 U.S.C. 24 1396a(a)) is amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REVIEW.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 331 1 (i) by striking ‘‘and’’ at the end of 2 paragraph (85); 3 (ii) by striking the period at the end 4 of paragraph (86) and inserting ‘‘; and’’; 5 and 6 (iii) by inserting after paragraph (86) 7 the following new paragraph: 8 ‘‘(87) provide for a mechanism, which may in- 9 clude attestation, that ensures that, with respect to 10 any provider (including a transportation network 11 company) or individual driver of nonemergency 12 transportation to medically necessary services receiv- 13 ing payments under such plan (but excluding any 14 public transit authority), at a minimum— 15 ‘‘(A) each such provider and individual 16 driver is not excluded from participation in any 17 Federal health care program (as defined in sec- 18 tion 1128B(f)) and is not listed on the exclu- 19 sion list of the Inspector General of the Depart- 20 ment of Health and Human Services; 21 ‘‘(B) each such individual driver has a 22 valid driver’s license; 23 ‘‘(C) each such provider has in place a 24 process to address any violation of a State drug 25 law; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 332 1 ‘‘(D) each such provider has in place a 2 process to disclose to the State Medicaid pro- 3 gram the driving history, including any traffic 4 violations, of each such individual driver em- 5 ployed by such provider, including any traffic 6 violations.’’. 7 (B) EFFECTIVE 8 (i) IN GENERAL.—Except as provided 9 in clause (ii), the amendments made by 10 subparagraph (A) shall take effect on the 11 date of the enactment of this Act and shall 12 apply to services furnished on or after the 13 date that is one year after the date of the 14 enactment of this Act. 15 (ii) EXCEPTION IF STATE LEGISLA- 16 TION REQUIRED.—In the case of a State 17 plan for medical assistance under title XIX 18 of the Social Security Act which the Sec- 19 retary of Health and Human Services de- 20 termines requires State legislation (other 21 than legislation appropriating funds) in 22 order for the plan to meet the additional 23 requirement imposed by the amendments 24 made by subparagraph (A), the State plan 25 shall not be regarded as failing to comply g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DATE.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00332 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 333 1 with the requirements of such title solely 2 on the basis of its failure to meet this ad- 3 ditional requirement before the first day of 4 the first calendar quarter beginning after 5 the close of the first regular session of the 6 State legislature that begins after the date 7 of the enactment of this Act. For purposes 8 of the previous sentence, in the case of a 9 State that has a 2-year legislative session, 10 each year of such session shall be deemed 11 to be a separate regular session of the 12 State legislature. 13 (5) ANALYSIS T–MSIS DATA.—Not later 14 than one year after the date of the enactment of this 15 Act, the Secretary of Health and Human Services, 16 through the Centers for Medicare & Medicaid Serv- 17 ices, shall analyze, and submit to Congress a report 18 on, the nation-wide data set under the Transformed 19 Medicaid Statistical Information System to identify 20 recommendations relating to coverage under the 21 Medicaid program under title XIX of the Social Se- 22 curity Act of nonemergency transportation to medi- 23 cally necessary services. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00333 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 334 1 2 TITLE II—MEDICARE PROVISIONS HOLDING MEDICARE BENEFICIARIES HARMLESS FOR 3 SPECIFIED COVID–19 TREATMENT SERVICES FUR- 4 NISHED UNDER PART A OR PART B OF THE MEDI- 5 CARE PROGRAM 6 SEC. 30201. 7 (a) IN GENERAL.—Notwithstanding any other provi- 8 sion of law, in the case of a specified COVID–19 treat9 ment service (as defined in subsection (b)) furnished dur10 ing any portion of the emergency period described in para11 graph (1)(B) of section 1135(g) of the Social Security Act 12 (42 U.S.C. 1320b-5(g)) beginning on or after the date of 13 the enactment of this Act to an individual entitled to bene14 fits under part A or enrolled under part B of title XVIII 15 of the Social Security Act (42 U.S.C. 1395 et seq.) for 16 which payment is made under such part A or such part 17 B, the Secretary of Health and Human Services (in this 18 section referred to as the ‘‘Secretary’’) shall provide 19 that— 20 (1) any cost-sharing required (including any de- 21 ductible, copayment, or coinsurance) applicable to 22 such individual under such part A or such part B 23 with respect to such item or service is paid by the 24 Secretary; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 335 1 (2) the provider of services or supplier (as de- 2 fined in section 1861 of the Social Security Act (42 3 U.S.C. 1395x)) does not hold such individual liable 4 for such requirement. 5 (b) DEFINITION 6 MENT OF SPECIFIED COVID–19 TREAT- SERVICES.—For purposes of this section, the term 7 ‘‘specified COVID–19 treatment service’’ means any item 8 or service furnished to an individual for which payment 9 may be made under part A or part B of title XVIII of 10 the Social Security Act (42 U.S.C. 1395 et seq.) if such 11 item or service is included in a claim with an ICD–10– 12 CM code relating to COVID–19 (as described in the docu13 ment entitled ‘‘ICD–10–CM Official Coding Guidelines 14 Supplement Coding encounters related to COVID–19 15 Coronavirus Outbreak’’ published on February 20, 2020, 16 or as otherwise specified by the Secretary). 17 (c) RECOVERY 18 THE 19 SURANCE SECRETARY 20 COST-SHARING AMOUNTS PAID IN THE CASE OF BY SUPPLEMENTAL IN- COVERAGE.— (1) IN GENERAL.—In the case of any amount 21 paid by the Secretary pursuant to subsection (a)(1) 22 that the Secretary determines would otherwise have 23 been paid by a group health plan or health insurance 24 issuer (as such terms are defined in section 2791 of 25 the Public Health Service Act (42 U.S.C. 300gg– g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 336 1 91)), a private entity offering a medicare supple- 2 mental policy under section 1882 of the Social Secu- 3 rity Act (42 U.S.C. 1395ss), any other health plan 4 offering supplemental coverage, a State plan under 5 title XIX of the Social Security Act, or the Secretary 6 of Defense under the TRICARE program, such 7 plan, issuer, private entity, other health plan, State 8 plan, or Secretary of Defense, as applicable, shall 9 pay to the Secretary, not later than 1 year after 10 such plan, issuer, private entity, other health plan, 11 State plan, or Secretary of Defense receives a notice 12 under paragraph (3), such amount in accordance 13 with this subsection. 14 (2) REQUIRED later than 15 9 months after the date of the enactment of this 16 Act, each group health plan, health insurance issuer, 17 private entity, other health plan, State plan, and 18 Secretary of Defense described in paragraph (1) 19 shall submit to the Secretary such information as 20 the Secretary determines necessary for purposes of 21 carrying out this subsection. Such information so 22 submitted shall be updated by such plan, issuer, pri- 23 vate entity, other health plan, State plan, or Sec- 24 retary of Defense, as applicable, at such time and in 25 such manner as specified by the Secretary. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 INFORMATION.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 337 1 (3) REVIEW 2 The Secretary shall establish a process under which 3 claims for items and services for which the Secretary 4 has paid an amount pursuant to subsection (a)(1) 5 are reviewed for purposes of identifying if such 6 amount would otherwise have been paid by a plan, 7 issuer, private entity, other health plan, State plan, 8 or Secretary of Defense described in paragraph (1). 9 In the case such a claim is so identified, the Sec- 10 retary shall determine the amount that would have 11 been otherwise payable by such plan, issuer, private 12 entity, other health plan, State plan, or Secretary of 13 Defense and notify such plan, issuer, private entity, 14 other health plan, State plan, or Secretary of De- 15 fense of such amount. 16 (4) ENFORCEMENT.—The Secretary may im- 17 pose a civil monetary penalty in an amount deter- 18 mined appropriate by the Secretary in the case of a 19 plan, issuer, private entity, other health plan, or 20 State plan that fails to comply with a provision of 21 this section. The provisions of section 1128A of the 22 Social Security Act shall apply to a civil monetary 23 penalty imposed under the previous sentence in the 24 same manner as such provisions apply to a penalty g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF CLAIMS AND NOTIFICATION.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 338 1 or proceeding under subsection (a) or (b) of such 2 section. 3 (d) FUNDING.—The Secretary shall provide for the 4 transfer to the Centers for Medicare & Medicaid Program 5 Management Account from the Federal Hospital Insur6 ance Trust Fund and the Federal Supplementary Trust 7 Fund (in such portions as the Secretary determines appro8 priate) $100,000,000 for purposes of carrying out this 9 section. 10 (e) REPORT.—Not later than 3 years after the date 11 of the enactment of this Act, the Inspector General of the 12 Department of Health and Human Services shall submit 13 to Congress a report containing an analysis of amounts 14 paid pursuant to subsection (a)(1) compared to amounts 15 paid to the Secretary pursuant to subsection (c). 16 (f) IMPLEMENTATION.—Notwithstanding any other 17 provision of law, the Secretary may implement the provi18 sions of this section by program instruction or otherwise. 19 ENSURING COMMUNICATIONS ACCESSIBILITY FOR RESI- 20 DENTS OF SKILLED NURSING FACILITIES DURING 21 THE COVID–19 EMERGENCY PERIOD 22 SEC. 30202. 23 (a) IN GENERAL.—Section 1819(c)(3) of the Social 24 Security Act (42 U.S.C. 1395i–3(c)(3)) is amended— 25 26 (1) in subparagraph (D), by striking ‘‘and’’ at the end; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 339 1 2 (2) in subparagraph (E), by striking the period and inserting ‘‘; and’’; and 3 4 (3) by adding at the end the following new subparagraph: 5 ‘‘(F) provide for reasonable access to the 6 use of a telephone, including TTY and TDD 7 services (as defined for purposes of section 8 483.10 of title 42, Code of Federal Regulations 9 (or a successor regulation)), and the internet 10 (to the extent available to the facility) and in- 11 form each such resident (or a representative of 12 such resident) of such access and any changes 13 in policies or procedures of such facility relating 14 to limitations on external visitors.’’. 15 (b) COVID–19 PROVISIONS.— 16 (1) GUIDANCE.—Not later than 15 days after 17 the date of the enactment of this Act, the Secretary 18 of Health and Human Service shall issue guidance 19 on steps skilled nursing facilities may take to ensure 20 residents have access to televisitation during the 21 emergency period defined in section 1135(g)(1)(B) 22 of the Social Security Act (42 U.S.C. 1320b– 23 5(g)(1)(B)). Such guidance shall include information 24 on how such facilities will notify residents of such 25 facilities, representatives of such residents, and rel- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 340 1 atives of such residents of the rights of such resi- 2 dents to such televisitation, and ensure timely and 3 equitable access to such televisitation. 4 (2) REVIEW OF FACILITIES.—The Secretary of 5 Health and Human Services shall take such steps as 6 determined appropriate by the Secretary to ensure 7 that residents of skilled nursing facilities and rel- 8 atives of such residents are made aware of the ac- 9 cess rights described in section 1819(c)(3)(F) of the 10 11 Social Security Act (42 U.S.C. 1395i–3(c)(3)(F)). MEDICARE HOSPITAL INPATIENT PROSPECTIVE PAYMENT 12 SYSTEM 13 TIENTS DURING CERTAIN EMERGENCY PERIOD 14 SEC. 30203. 15 (a) IN GENERAL.—Section 1886(d)(5)(A) of the So- OUTLIER PAYMENTS FOR COVID–19 PA- 16 cial Security Act (42 U.S.C. 1395ww(d)(5)(A)) is amend17 ed— 18 19 (1) in clause (ii), by striking ‘‘For cases’’ and inserting ‘‘Subject to clause (vii), for cases’’; 20 (2) in clause (iii), by striking ‘‘The amount’’ 21 and inserting ‘‘Subject to clause (vii), the amount’’; 22 (3) in clause (iv), by striking ‘‘The total 23 amount’’ and inserting ‘‘Subject to clause (vii), the 24 total amount’’; and 25 26 (4) by adding at the end the following new clause: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00340 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 341 1 ‘‘(vii) For discharges that have a primary or sec- 2 ondary diagnosis of COVID–19 and that occur during the 3 period beginning on the date of the enactment of this 4 clause and ending on the sooner of January 31, 2021, or 5 the last day of the emergency period described in section 6 1135(g)(1)(B), the amount of any additional payment 7 under clause (ii) for a subsection (d) hospital for such a 8 discharge shall be determined as if— 9 ‘‘(I) clause (ii) was amended by striking ‘plus 10 a fixed dollar amount determined by the Secretary’; 11 ‘‘(II) the reference in clause (iii) to ‘approxi- 12 mate the marginal cost of care beyond the cutoff 13 point applicable under clause (i) or (ii)’ were a ref- 14 erence to ‘approximate the marginal cost of care be- 15 yond the cutoff point applicable under clause (i), or, 16 in the case of an additional payment requested 17 under clause (ii), be equal to 100 percent of the 18 amount by which the costs of the discharge for 19 which such additional payment is so requested ex- 20 ceed the applicable DRG prospective payment rate’; 21 and 22 ‘‘(III) clause (iv) does not apply.’’. 23 (b) EXCLUSION FROM REDUCTION 24 STANDARDIZED AMOUNTS PAYABLE 25 CATED IN g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 TO IN AVERAGE HOSPITALS LO- CERTAIN AREAS.—Section 1886(d)(3)(B) of (763351 3) PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 342 1 the Social Security Act (42 U.S.C. 1395ww(d)(3)(B)) is 2 amended by inserting before the period the following: ‘‘, 3 other than additional payments described in clause (vii) 4 of such paragraph’’. 5 (c) APPLICATION TO SITE NEUTRAL IPPS PAYMENT 6 RATES.—Section 1886(m)(6)(B) of the Social Security 7 Act (42 U.S.C. 1395ww(m)(6)(B)) is amended— 8 (1) in clause (i)— 9 (A) in the matter preceding subclause (I), 10 by striking ‘‘In this paragraph’’ and inserting 11 ‘‘Subject to clause (ii), in this paragraph’’; 12 (B) in subclause (I), by striking ‘‘clause 13 (iii)’’ and inserting ‘‘clause (iv)’’; and 14 (C) in subclause (II), by striking ‘‘clause 15 (ii)’’ and inserting ‘‘clause (iii)’’; 16 (2) in clause (ii), in the matter preceding sub- 17 clause (I), by striking ‘‘clause (iv)’’ and inserting 18 ‘‘clause (v)’’; 19 20 (3) in clause (iii)(I), by striking ‘‘clause (ii)’’ and inserting ‘‘clause (iii)’’; 21 22 (4) in clause (iv), by striking ‘‘clause (ii)(I)’’ and inserting ‘‘clause (iii)(I)’’; 23 24 (5) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00342 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 343 1 2 (6) by inserting after clause (i) the following new clause: 3 ‘‘(ii) EXCEPTION.—Notwithstanding 4 clause (i), the term ‘applicable site neutral 5 payment rate’ means— 6 ‘‘(I) for discharges that have a 7 primary or secondary diagnosis of 8 COVID–19 and that occur during any 9 portion of the emergency period de- 10 scribed in section 1135(g)(1)(B) oc- 11 curring during a cost reporting period 12 described in clause (i)(I), the greater 13 of the blended payment rate specified 14 in clause (iv) or the percent described 15 in clause (iii)(II); and 16 ‘‘(II) for discharges that have a 17 primary or secondary diagnosis of 18 COVID–19 and that occur during any 19 portion of the emergency period de- 20 scribed in section 1135(g)(1)(B) oc- 21 curring during a cost reporting period 22 described in clause (i)(II), the percent 23 described in clause (iii)(II).’’. 24 (d) IMPLEMENTATION.—Notwithstanding any other 25 provision of law, the Secretary of Health and Human g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00343 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 344 1 Services may implement the amendments made by this 2 section by program instruction or otherwise. 3 COVERAGE OF TREATMENTS FOR COVID–19 AT NO COST 4 SHARING UNDER THE MEDICARE ADVANTAGE PROGRAM 5 SEC. 30204. 6 (a) IN GENERAL.—Section 1852(a)(1)(B) of the So- 7 cial Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is 8 amended by adding at the end the following new clause: 9 ‘‘(vii) SPECIAL 10 SPECIFIED 11 ICES.—Notwithstanding 12 case of a specified COVID–19 treatment 13 service (as defined in section 30201(b) of 14 the HEROES Act) that is furnished dur- 15 ing a plan year occurring during any por- 16 tion of the emergency period defined in 17 section 1135(g)(1)(B) beginning on or 18 after the date of the enactment of this 19 clause, a Medicare Advantage plan may 20 not, with respect to such service, impose— 21 ‘‘(I) any cost-sharing require- 22 ment (including a deductible, copay- 23 ment, or coinsurance requirement); 24 and COVID–19 TREATMENT SERV- clause (i), in the 25 ‘‘(II) in the case such service is a 26 critical specified COVID–19 treat- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 COVERAGE RULES FOR 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00344 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 345 1 ment 2 services and intensive care unit serv- 3 ices), any prior authorization or other 4 utilization management requirement. service (including ventilator 5 A Medicare Advantage plan may not take 6 the application of this clause into account 7 for purposes of a bid amount submitted by 8 such plan under section 1854(a)(6).’’. 9 (b) IMPLEMENTATION.—Notwithstanding any other 10 provision of law, the Secretary of Health and Human 11 Services may implement the amendments made by this 12 section by program instruction or otherwise. 13 REQUIRING COVERAGE UNDER MEDICARE PDPS AND MA– 14 PD PLANS, WITHOUT THE IMPOSITION OF COST 15 SHARING OR UTILIZATION MANAGEMENT REQUIRE- 16 MENTS, OF DRUGS INTENDED TO TREAT COVID–19 17 DURING CERTAIN EMERGENCIES 18 SEC. 30205. 19 (a) COVERAGE REQUIREMENT.— 20 (1) IN 1860D–4(b)(3) of 21 the 22 104(b)(3)) is amended by adding at the end the fol- 23 lowing new subparagraph: 24 ‘‘(I) REQUIRED 25 12:13 May 12, 2020 Social Security Act (42 U.S.C. 1395w– INCLUSION OF DRUGS IN- TENDED TO TREAT COVID–19.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Section Jkt 000000 (763351 3) PO 00000 Frm 00345 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 346 1 2 any other provision of law, a PDP sponsor 3 offering a prescription drug plan shall, 4 with respect to a plan year, any portion of 5 which occurs during the period described 6 in clause (ii), be required to— 7 ‘‘(I) include in any formulary— 8 ‘‘(aa) all covered part D 9 drugs with a medically accepted 10 indication (as defined in section 11 1860D–2(e)(4)) to treat COVID– 12 19 that are marketed in the 13 United States; and 14 ‘‘(bb) all drugs authorized 15 under section 564 or 564A of the 16 Federal Food, Drug, and Cos- 17 metic Act to treat COVID–19; 18 and 19 ‘‘(II) not impose any prior au- 20 thorization or other utilization man- 21 agement requirement with respect to 22 such drugs described in item (aa) or 23 (bb) of subclause (I) (other than such 24 a requirement that limits the quantity 25 of drugs due to safety). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Notwithstanding ‘‘(i) IN 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 347 1 pur- 2 poses of clause (i), the period described in 3 this clause is the period during which there 4 exists the public health emergency declared 5 by the Secretary pursuant to section 319 6 of the Public Health Service Act on Janu- 7 ary 31, 2020, entitled ‘Determination that 8 a Public Health Emergency Exists Nation- 9 wide as the Result of the 2019 Novel 10 Coronavirus’ (including any renewal of 11 such declaration pursuant to such sec- 12 tion).’’. 13 (b) ELIMINATION OF COST SHARING.— 14 (1) ELIMINATION OF COST-SHARING FOR 15 DRUGS 16 STANDARD AND ALTERNATIVE PRESCRIPTION DRUG 17 COVERAGE.—Section 18 Act (42 U.S.C. 1395w–102) is amended— 19 (A) in subsection (b)— INTENDED TO TREAT COVID–19 UNDER 1860D–2 of the Social Security 20 (i) in paragraph (1)(A), by striking 21 ‘‘The coverage’’ and inserting ‘‘Subject to 22 paragraph (8), the coverage’’; 23 (ii) in paragraph (2)— 24 (I) in subparagraph (A), by in- 25 serting after ‘‘Subject to subpara- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DESCRIBED.—For ‘‘(ii) PERIOD 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 348 1 graphs (C) and (D)’’ the following: 2 ‘‘and paragraph (8)’’; 3 (II) in subparagraph (C)(i), by 4 striking ‘‘paragraph (4)’’ and insert- 5 ing ‘‘paragraphs (4) and (8)’’; and 6 (III) in subparagraph (D)(i), by 7 striking ‘‘paragraph (4)’’ and insert- 8 ing ‘‘paragraphs (4) and (8)’’; 9 (iii) in paragraph (4)(A)(i), by strik- 10 ing ‘‘The coverage’’ and inserting ‘‘Subject 11 to paragraph (8), the coverage’’; and 12 (iv) by adding at the end the following 13 new paragraph: 14 ‘‘(8) ELIMINATION COST-SHARING FOR 15 DRUGS INTENDED TO TREAT COVID–19.—The 16 erage does not impose any deductible, copayment, 17 coinsurance, or other cost-sharing requirement for 18 drugs described in section 1860D–4(b)(3)(I)(i)(I) 19 with respect to a plan year, any portion of which oc- 20 curs during the period during which there exists the 21 public health emergency declared by the Secretary 22 pursuant to section 319 of the Public Health Service 23 Act on January 31, 2020, entitled ‘Determination 24 that a Public Health Emergency Exists Nationwide 25 as the Result of the 2019 Novel Coronavirus’ (in- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 cov- (763351 3) PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 349 1 cluding any renewal of such declaration pursuant to 2 such section).’’; and 3 (B) in subsection (c), by adding at the end 4 the following new paragraph: 5 ‘‘(4) SAME 6 DRUGS INTENDED TO TREAT COVID–19.—The 7 erage is in accordance with subsection (b)(8).’’. 8 (2) ELIMINATION OF COST-SHARING cov- FOR 9 DRUGS INTENDED TO TREAT COVID–19 DISPENSED 10 TO INDIVIDUALS WHO ARE SUBSIDY ELIGIBLE INDI- 11 VIDUALS.—Section 12 rity Act (42 U.S.C. 1395w–114(a)) is amended— 13 1860D–14(a) of the Social Secu- (A) in paragraph (1)— 14 (i) in subparagraph (D)— 15 (I) in clause (ii), by striking ‘‘In 16 the case of’’ and inserting ‘‘Subject to 17 subparagraph (F), in the case of’’; 18 and 19 (II) in clause (iii), by striking 20 ‘‘In the case of’’ and inserting ‘‘Sub- 21 ject to subparagraph (F), in the case 22 of’’; and 23 (ii) by adding at the end the following 24 new subparagraph: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ELIMINATION OF COST-SHARING FOR 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 350 1 ‘‘(F) ELIMINATION OF COST-SHARING FOR 2 DRUGS INTENDED TO TREAT COVID–19.—Cov- 3 erage that is in accordance with section 4 1860D–2(b)(8).’’; and 5 (B) in paragraph (2)— 6 (i) in subparagraph (B), by striking 7 ‘‘A reduction’’ and inserting ‘‘Subject to 8 subparagraph (F), a reduction’’; 9 (ii) in subparagraph (D), by striking 10 ‘‘The substitution’’ and inserting ‘‘Subject 11 to subparagraph (F), the substitution’’; 12 (iii) in subparagraph (E), by inserting 13 after ‘‘Subject to’’ the following: ‘‘subpara- 14 graph (F) and’’; and 15 (iv) by adding at the end the following 16 new subparagraph: 17 ‘‘(F) ELIMINATION OF COST-SHARING FOR 18 DRUGS INTENDED TO TREAT COVID–19.—Cov- 19 erage that is in accordance with section 20 1860D–2(b)(8).’’. 21 (c) IMPLEMENTATION.—Notwithstanding any other 22 provision of law, the Secretary of Health and Human 23 Services may implement the amendments made by this 24 section by program instruction or otherwise. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00350 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 351 1 MODIFYING THE ACCELERATED AND ADVANCE PAYMENT 2 PROGRAMS UNDER PARTS A AND B OF THE MEDI- 3 CARE PROGRAM DURING THE COVID–19 EMERGENCY 4 SEC. 30206. 5 (a) SPECIAL REPAYMENT RULES.— 6 (1) PART A.—Section 1815(f)(2)(C) of the So- 7 cial Security Act (42 U.S.C. 1395g(f)(2)(C)) is 8 amended to read as follows: 9 ‘‘(C) In the case of an accelerated payment 10 made under the program under subsection (e)(3) on 11 or after the date of the enactment of the CARES 12 Act and so made during the emergency period de- 13 scribed in section 1135(g)(1)(B)— 14 ‘‘(i) such payment shall be treated as if 15 such payment were made from the General 16 Fund of the Treasury; and 17 ‘‘(ii) upon request of the hospital, the Sec- 18 retary shall— 19 ‘‘(I) provide up to 1 year before 20 claims are offset to recoup such payment; 21 ‘‘(II) provide that any such offset of a 22 claim to recoup such payment shall not ex- 23 ceed 25 percent of the amount of such 24 claim; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00351 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 352 1 ‘‘(III) allow not less than 2 years 2 from the date of the first accelerated pay- 3 ment before requiring that the outstanding 4 balance be paid in full.’’. 5 (2) PART B.—In carrying out the program de- 6 scribed in section 421.214 of title 42, Code of Fed- 7 eral Regulations (or any successor regulation), in the 8 case of a payment made under such program on or 9 after the date of the enactment of the CARES Act 10 (Public Law 116–136) and so made during the 11 emergency period described in section 1135(g)(1)(B) 12 of the Social Security Act (42 U.S.C. 1320b– 13 5(g)(1)(B)), the Secretary of Health and Human 14 Services shall— 15 (A) treat such payment as if such payment 16 were made from the General Fund of the 17 Treasury; and 18 (B) upon request of the entity receiving 19 such payment— 20 (i) provide up to 1 year before claims 21 are offset to recoup such payment; 22 (ii) provide that any such offset of a 23 claim to recoup such payment shall not ex- 24 ceed 25 percent of the amount of such 25 claim; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 353 1 (iii) allow not less than 2 years from 2 the date of the first advance payment be- 3 fore requiring that the outstanding balance 4 be paid in full. 5 (b) INTEREST RATES.— 6 (1) PART A.—Section 1815(d) of the Social Se- 7 curity Act (42 U.S.C. 1395g(d)) is amended by in- 8 serting before the period at the end the following: 9 ‘‘(or, in the case of such a determination made with 10 respect to a payment made on or after the date of 11 the enactment of the CARES Act and during the 12 emergency period described in section 1135(g)(1)(B) 13 under the program under subsection (e)(3), at a rate 14 of 1 percent)’’. 15 (2) PART B.—Section 1833(j) of the Social Se- 16 curity Act (42 U.S.C. 1395l(j)) is amended by in- 17 serting before the period at the end the following: 18 ‘‘(or, in the case of such a determination made with 19 respect to a payment made on or after the date of 20 the enactment of the CARES Act and during the 21 emergency period described in section 1135(g)(1)(B) 22 under the program described in section 421.214 of 23 title 42, Code of Federal Regulations (or any suc- 24 cessor regulation), at a rate of 1 percent)’’. 25 (c) REPORT.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 354 1 (1) REPORTS 2 Not later than 2 weeks after the date of the enact- 3 ment of this section, and every 2 weeks thereafter 4 during the emergency period described in section 5 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 6 1320b–5(g)(1)(B)), the Secretary of Health and 7 Human Services shall submit to the Committee on 8 Ways and Means and the Committee on Energy and 9 Commerce of the House of Representatives, and the 10 Committee on Finance of the Senate, a report that 11 includes the following: 12 (A) The total amount of payments made 13 under section 1815(e)(3) of the Social Security 14 Act (42 U.S.C. 1395g(e)(3)) and under the pro- 15 gram described in section 421.214 of title 42, 16 Code of Federal Regulations (or any successor 17 regulation) during the most recent 2-week pe- 18 riod for which data is available that precedes 19 the date of the submission of such report. 20 (B) The number of entities receiving such 21 payments during such period. 22 (C) A specification of each such entity. 23 (2) REPORTS 24 (A) IN 25 12:13 May 12, 2020 AFTER COVID–19 EMERGENCY.— GENERAL.—Not later than 6 months after the termination of the emergency g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DURING COVID–19 EMERGENCY.— Jkt 000000 (763351 3) PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 355 1 period described in paragraph (1), and every 6 2 months thereafter until all specified payments 3 (as defined in subparagraph (B)) have been re- 4 couped or repaid, the Secretary of Health and 5 Human Services shall submit to the Committee 6 on Ways and Means and the Committee on En- 7 ergy and Commerce of the House of Represent- 8 atives, and the Committee on Finance of the 9 Senate, a report that includes the following: 10 (i) The total amount of all specified 11 payments for which claims have been offset 12 to recoup such payment or the balance has 13 been repaid. 14 (ii) The amount of interest that has 15 accrued with respect to all specified pay- 16 ments. 17 (B) SPECIFIED purposes 18 of subparagraph (A), the term ‘‘specified pay- 19 ments’’ means all payments made under section 20 1815(e)(3) of the Social Security Act (42 21 U.S.C. 1395g(e)(3)) or under the program de- 22 scribed in section 421.214 of title 42, Code of 23 Federal Regulations (or any successor regula- 24 tion) made on or after the date of the enact- 25 ment of the CARES Act (Public Law 116–136) g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PAYMENTS.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 356 1 during the emergency period described in such 2 subparagraph. 3 MEDICARE SPECIAL ENROLLMENT PERIOD FOR 4 INDIVIDUALS RESIDING IN COVID–19 EMERGENCY AREAS 5 SEC. 30207. 6 (a) IN GENERAL.—Section 1837(i) of the Social Se- 7 curity Act (42 U.S.C. 1395p(i)) is amended by adding at 8 the end the following new paragraph: 9 ‘‘(5)(A) In the case of an individual who— 10 ‘‘(i) is eligible under section 1836 to enroll 11 in the medical insurance program established by 12 this part, 13 ‘‘(ii) did not enroll (or elected not to be 14 deemed enrolled) under this section during an 15 enrollment period, and 16 ‘‘(iii) during the emergency period (as de- 17 scribed in section 1135(g)(1)(B)), resided in an 18 emergency area (as described in such section), 19 there shall be a special enrollment period de- 20 scribed in subparagraph (B). 21 ‘‘(B) The special enrollment period re- 22 ferred to in subparagraph (A) is the period that 23 begins not later than July 1, 2020, and ends on 24 the last day of the month in which the emer- 25 gency 26 1135(g)(1)(B)) ends.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 period (as described in section (763351 3) PO 00000 Frm 00356 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 357 1 (b) COVERAGE 2 TRANSITIONING PERIOD FROM FOR OTHER INDIVIDUALS COVERAGE.—Section 3 1838(e) of the Social Security Act (42 U.S.C. 1395q(e)) 4 is amended— 5 (1) by striking ‘‘pursuant to section 1837(i)(3) 6 or 1837(i)(4)(B)—’’ and inserting the following: 7 ‘‘pursuant to— 8 ‘‘(1) section 1837(i)(3) or 1837(i)(4)(B)—’’; 9 (2) by redesignating paragraphs (1) and (2) as 10 subparagraphs (A) and (B), respectively, and mov- 11 ing the indentation of each such subparagraph 2 12 ems to the right; 13 (3) by striking the period at the end of the sub- 14 paragraph (B), as so redesignated, and inserting ‘‘; 15 or’’; and 16 17 (4) by adding at the end the following new paragraph: 18 ‘‘(2) section 1837(i)(5), the coverage period 19 shall begin on the first day of the month following 20 the month in which the individual so enrolls.’’. 21 (c) FUNDING.—The Secretary of Health and Human 22 Services shall provide for the transfer from the Federal 23 Hospital Insurance Trust Fund (as described in section 24 1817 of the Social Security Act (42 U.S.C. 1395i)) and 25 the Federal Supplementary Medical Insurance Trust g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00357 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 358 1 Fund (as described in section 1841 of such Act (42 U.S.C. 2 1395t)), in such proportions as determined appropriate by 3 the Secretary, to the Social Security Administration, of 4 $30,000,000, to remain available until expended, for pur5 poses of carrying out the amendments made by this sec6 tion. 7 (d) IMPLEMENTATION.—Notwithstanding any other 8 provision of law, the Secretary of Health and Human 9 Services may implement the amendments made by this 10 section by program instruction or otherwise. 11 COVID–19 SKILLED NURSING FACILITY PAYMENT 12 INCENTIVE PROGRAM 13 SEC. 30208. 14 (a) IN GENERAL.—Section 1819 of the Social Secu- 15 rity Act (42 U.S.C. 1395i–3) is amended by adding at the 16 end the following new subsection: 17 ‘‘(k) COVID–19 DESIGNATION PROGRAM.— 18 ‘‘(1) IN later than 2 weeks 19 after the date of the enactment of this subsection, 20 the Secretary shall establish a program under which 21 a skilled nursing facility that makes an election de- 22 scribed in paragraph (2)(A) and meets the require- 23 ments described in paragraph (2)(B) is designated 24 (or a portion of such facility is so designated) as a 25 COVID–19 treatment center and receives incentive 26 payments under section 1888(e)(13). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00358 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 359 1 ‘‘(2) DESIGNATION.— 2 ‘‘(A) IN skilled nursing fa- 3 cility may elect to be designated (or to have a 4 portion of such facility designated) as a 5 COVID–19 treatment center under the program 6 established under paragraph (1) if the facility 7 submits to the Secretary, at a time and in a 8 manner specified by the Secretary, an applica- 9 tion for such designation that contains such in- 10 formation as required by the Secretary and 11 demonstrates that such facility meets the re- 12 quirements described in subparagraph (B). 13 ‘‘(B) REQUIREMENTS.—The requirements 14 described in this subparagraph with respect to 15 a skilled nursing facility are the following: 16 ‘‘(i) The facility has a star rating with 17 respect to staffing of 4 or 5 on the Nurs- 18 ing Home Compare website (as described 19 in subsection (i)) and has maintained such 20 a rating on such website during the 2-year 21 period ending on the date of the submis- 22 sion of the application described in sub- 23 paragraph (A). 24 ‘‘(ii) The facility has a star rating of 25 4 or 5 with respect to health inspections on g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—A 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 360 1 such website and has maintained such a 2 rating on such website during such period. 3 ‘‘(iii) During such period, the Sec- 4 retary or a State has not found a defi- 5 ciency with such facility relating to infec- 6 tion control that the Secretary or State de- 7 termined 8 health or safety of the residents of such fa- 9 cility (as described in paragraph (1) or 10 jeopardized the (2)(A) of subsection (h), as applicable). 11 ‘‘(iv) The facility provides care at 12 such facility (or, in the case of an election 13 made with respect to a portion of such fa- 14 cility, to provide care in such portion of 15 such facility) only to eligible individuals. 16 ‘‘(v) The facility arranges for and 17 transfers all residents of such facility (or 18 such portion of such facility, as applicable) 19 who are not eligible individuals to other 20 skilled nursing facilities (or other portions 21 of such facility, as applicable). 22 ‘‘(vi) The facility complies with the 23 notice requirement described in paragraph 24 (4). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 immediately 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00360 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 361 1 ‘‘(vii) The facility meets the reporting 2 requirement described in paragraph (5). 3 ‘‘(viii) Any other requirement deter- 4 mined appropriate by the Secretary. 5 ‘‘(3) DURATION 6 ‘‘(A) IN GENERAL.—A designation of a 7 skilled nursing facility (or portion of such facil- 8 ity) as a COVID–19 treatment center shall 9 begin on a date specified by the Secretary and 10 end upon the earliest of the following: 11 ‘‘(i) The revocation of such designa- 12 tion under subparagraph (B). 13 ‘‘(ii) The submission of a notification 14 by such facility to the Secretary that such 15 facility elects to terminate such designa- 16 tion. 17 ‘‘(iii) The termination of the program 18 (as specified in paragraph (6)). 19 ‘‘(B) REVOCATION.—The Secretary may 20 revoke the designation of a skilled nursing facil- 21 ity (or portion of such facility) as a COVID–19 22 treatment center if the Secretary determines 23 that the facility is no longer in compliance with 24 a requirement described in paragraph (2)(B). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF DESIGNATION.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00361 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 362 1 ‘‘(4) RESIDENT 2 purposes of paragraph (2)(B)(vi), the notice require- 3 ment described in this paragraph is that, not later 4 than 72 hours before the date specified by the Sec- 5 retary under paragraph (3)(A) with respect to the 6 designation of a skilled nursing facility (or portion 7 of such facility) as a COVID–19 treatment center, 8 the facility provides a notification to each resident of 9 such facility (and to appropriate representatives or 10 family members of each such resident, as specified 11 by the Secretary) that contains the following: 12 ‘‘(A) Notice of such designation. 13 ‘‘(B) In the case such resident is not an el- 14 igible individual (and, in the case such designa- 15 tion is made only with respect to a portion of 16 such facility, resides in such portion of such fa- 17 cility)— 18 ‘‘(i) a specification of when and where 19 such resident will be transferred (or moved 20 within such facility); 21 ‘‘(ii) an explanation that, in lieu of 22 such transfer or move, such resident may 23 arrange for transfer to such other setting 24 (including a home) selected by the resi- 25 dent; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 NOTICE REQUIREMENT.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 363 1 ‘‘(iii) if such resident so arranges to 2 be transferred to a home, information on 3 Internet resources for caregivers who elect 4 to care for such resident at home. 5 ‘‘(C) Contact information for the State 6 long-term care ombudsman (established under 7 section 307(a)(12) of the Older Americans Act 8 of 1965) for the applicable State. 9 ‘‘(5) REPORTING 10 ‘‘(A) IN GENERAL.—For purposes of para- 11 graph (2)(B)(vii), the reporting requirement de- 12 scribed in this paragraph is, with respect to a 13 skilled nursing facility, that the facility reports 14 to the Secretary, weekly and in such manner 15 specified by the Secretary, the following (but 16 only to the extent the information described in 17 clauses (i) through (vii) is not otherwise re- 18 ported to the Secretary weekly): 19 ‘‘(i) The number of COVID–19 re- 20 lated deaths at such facility. 21 ‘‘(ii) The number of discharges from 22 such facility. 23 ‘‘(iii) The number of admissions to 24 such facility. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REQUIREMENT.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 364 1 ‘‘(iv) The number of beds occupied 2 and the number of beds available at such 3 facility. 4 ‘‘(v) The number of residents on a 5 ventilator at such facility. 6 ‘‘(vi) The number of clinical and non- 7 clinical staff providing direct patient care 8 at such facility. 9 ‘‘(vii) Such other information deter- 10 mined appropriate by the Secretary. 11 ‘‘(B) NONAPPLICATION PAPERWORK 12 REDUCTION 13 United States Code (commonly known as the 14 ‘Paperwork Reduction Act’), shall not apply to 15 the collection of information under this para- 16 graph. 17 ‘‘(6) DEFINITION.—For purposes of this sub- 18 section, the term ‘eligible individual’ means an indi- 19 vidual who, during the 30-day period ending on the 20 first day on which such individual is a resident of a 21 COVID–19 treatment center (on or after the date 22 such center is so designated), was furnished a test 23 for COVID–19 that came back positive. ACT.—Chapter 35 of title 44, 24 ‘‘(7) TERMINATION.—The program established 25 under paragraph (1) shall terminate upon the termi- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 365 1 nation of the emergency period described in section 2 1135(g)(1)(B). 3 ‘‘(8) PROHIBITION ON ADMINISTRATIVE AND 4 JUDICIAL REVIEW.—There 5 or judicial review under section 1869, 1878, or oth- 6 erwise of a designation of a skilled nursing facility 7 (or portion of such facility) as a COVID–19 treat- 8 ment center, or revocation of such a designation, 9 under this subsection.’’. 10 shall be no administrative (b) PAYMENT INCENTIVE.—Section 1888(e) of the 11 Social Security Act (42 U.S.C. 1395yy(e)) is amended— 12 (1) in paragraph (1), in the matter preceding 13 subparagraph (A), by striking ‘‘and (12)’’ and in- 14 serting ‘‘(12), and (13)’’; and 15 16 (2) by adding at the end the following new paragraph: 17 ‘‘(13) ADJUSTMENT 18 CENTERS.—In 19 nursing facility that has been designated as a 20 COVID–19 treatment center under section 1819(k) 21 (or in the case of a resident who resides in a portion 22 of such facility that has been so designated), if such 23 resident is an eligible individual (as defined in para- 24 graph (5) of such section), the per diem amount of 25 payment for such resident otherwise applicable shall g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR COVID–19 TREATMENT 12:13 May 12, 2020 Jkt 000000 the case of a resident of a skilled (763351 3) PO 00000 Frm 00365 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 366 1 be increased by 20 percent to reflect increased costs 2 associated with such residents.’’. 3 FUNDING FOR STATE STRIKE TEAMS FOR RESIDENT AND 4 EMPLOYEE SAFETY IN SKILLED NURSING FACILITIES 5 AND NURSING FACILITIES 6 SEC. 30209. 7 (a) IN GENERAL.—Of the amounts made available 8 under subsection (c), the Secretary of Health and Human 9 Services (referred to in this section as the ‘‘Secretary’’) 10 shall allocate such amounts among the States, in a man11 ner that takes into account the percentage of skilled nurs12 ing facilities and nursing facilities in each State that have 13 residents or employees who have been diagnosed with 14 COVID–19, for purposes of establishing and implementing 15 strike teams in accordance with subsection (b). 16 (b) USE OF FUNDS.—A State that receives funds 17 under this section shall use such funds to establish and 18 implement a strike team that will be deployed to a skilled 19 nursing facility or nursing facility in the State with diag20 nosed or suspected cases of COVID–19 among residents 21 or staff for the purposes of assisting with clinical care, 22 infection control, or staffing. 23 (c) AUTHORIZATION OF APPROPRIATIONS.—For pur- 24 poses of carrying out this section, there is authorized to 25 be appropriated $500,000,000. 26 (d) DEFINITIONS.—In this section: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 367 1 (1) NURSING FACILITY.—The term ‘‘nursing 2 facility’’ has the meaning given such term in section 3 1919(a) of the Social Security Act (42 U.S.C. 4 1396r(a)). 5 (2) SKILLED NURSING FACILITY.—The term 6 ‘‘skilled nursing facility’’ has the meaning given such 7 term in section 1819(a) of the Social Security Act 8 (42 U.S.C. 1395i–3(a)). 9 PROVIDING FOR INFECTION CONTROL SUPPORT TO 10 SKILLED NURSING FACILITIES THROUGH CONTRACTS 11 WITH QUALITY IMPROVEMENT ORGANIZATIONS 12 SEC. 30210. 13 (a) IN GENERAL.—Section 1862(g) of the Social Se- 14 curity Act (42 U.S.C. 1395y(g)) is amended— 15 (1) by striking ‘‘The Secretary’’ and inserting 16 ‘‘(1) The Secretary’’; and 17 (2) by adding at the end the following new 18 paragraph: 19 ‘‘(2)(A) The Secretary shall ensure that at least 1 20 contract with a quality improvement organization de21 scribed in paragraph (1) entered into on or after the date 22 of the enactment of this paragraph and before the end 23 of the emergency period described in section 24 1135(g)(1)(B) (or in effect as of such date) includes the 25 requirement that such organization provide to skilled 26 nursing facilities with cases of COVID–19 (or facilities atg:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00367 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 368 1 tempting to prevent outbreaks of COVID–19) infection 2 control support described in subparagraph (B) during 3 such period. 4 ‘‘(B) For purposes of subparagraph (A), the infection 5 control support described in this subparagraph is, with re6 spect to skilled nursing facilities described in such sub7 paragraph, the development and dissemination to such fa8 cilities of protocols relating to the prevention or mitigation 9 of COVID–19 at such facilities and the provision of train10 ing materials to such facilities relating to such prevention 11 or mitigation.’’. 12 (b) FUNDING.—The Secretary of Health and Human 13 Services shall provide for the transfer from the Federal 14 Supplementary Medical Insurance Trust Fund (as de15 scribed in section 1841 of the Social Security Act (42 16 U.S.C. 1395t)) and the Federal Hospital Insurance Trust 17 Fund (as described in section 1817 of such Act (42 U.S.C. 18 1395i)), in such proportions as determined appropriate by 19 the Secretary, to the Centers for Medicare & Medicaid 20 Services Program Management Account, of $210,000,000, 21 to remain available until expended, for purposes of enter22 ing into contracts with quality improvement organizations 23 under part B of title XI of such Act (42 U.S.C. 1320c 24 et seq.). Of the amount transferred pursuant to the pre25 vious sentence, not less that $110,000,000 shall be used g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00368 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 369 1 for purposes of entering into such a contract that includes 2 the requirement described in section 1862(g)(2)(A) of 3 such Act (as added by subsection (a)). 4 REQUIRING LONG TERM CARE FACILITIES TO REPORT 5 CERTAIN 6 CASES AND DEATHS 7 SEC. 30211. 8 (a) IN GENERAL.—The Secretary of Health and INFORMATION RELATING TO COVID–19 9 Human Services (in this section referred to as the ‘‘Sec10 retary’’) shall, as soon as practicable, require that the in11 formation described in paragraph (1) of section 483.80(g) 12 of title 42, Code of Federal Regulations, or a successor 13 regulation, be reported by a facility (as defined for pur14 poses of such section). 15 (b) DEMOGRAPHIC INFORMATION.—The Secretary 16 shall post the following information with respect to skilled 17 nursing facilities (as defined in section 1819(a) of the So18 cial Security Act (42 U.S.C. 1395i–3(a))) and nursing fa19 cilities (as defined in section 1919(a) of such Act (42 20 U.S.C. 1396r(a))) on the Nursing Home Compare website 21 (as described in section 1819(i) of the Social Security Act 22 (42 U.S.C. 1395i–3(i))), or a successor website, aggre23 gated by State: 24 (1) The age, race/ethnicity, and preferred lan- 25 guage of the residents of such skilled nursing facili- 26 ties and nursing facilities with suspected or con- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 370 1 firmed COVID–19 infections, including residents 2 previously treated for COVID–19. 3 (2) The age, race/ethnicity, and preferred lan- 4 guage relating to total deaths and COVID–19 5 deaths among residents of such skilled nursing facili- 6 ties and nursing facilities. 7 (c) CONFIDENTIALITY.—Any information reported 8 under this section that is made available to the public shall 9 be made so available in a manner that protects the identity 10 of residents of skilled nursing facilities and nursing facili11 ties. 12 (d) IMPLEMENTATION.—The Secretary may imple- 13 ment the provisions of this section be program instruction 14 or otherwise. 15 FLOOR ON THE MEDICARE AREA WAGE INDEX FOR 16 HOSPITALS IN ALL-URBAN STATES 17 SEC. 30212. 18 (a) IN GENERAL.—Section 1886(d)(3)(E) of the So- 19 cial Security Act (42 U.S.C. 1395ww(d)(3)(E)) is amend20 ed— 21 22 (1) in clause (i), in the first sentence, by striking ‘‘or (iii)’’ and inserting ‘‘, (iii), or (iv)’’; and 23 24 (2) by adding at the end the following new clause: 25 ‘‘(iv) FLOOR 26 FOR HOSPITALS IN ALL-URBAN STATES.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 ON AREA WAGE INDEX Jkt 000000 (763351 3) PO 00000 Frm 00370 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 371 1 ‘‘(I) dis- 2 charges occurring on or after October 3 1, 2021, the area wage index applica- 4 ble under this subparagraph to any 5 hospital in an all-urban State (as de- 6 fined in subclause (IV)) may not be 7 less than the minimum area wage 8 index for the fiscal year for hospitals 9 in that State, as established under 10 subclause (II). 11 ‘‘(II) MINIMUM AREA WAGE 12 INDEX.—For 13 (I), the Secretary shall establish a 14 minimum area wage index for a fiscal 15 year for hospitals in each all-urban 16 State using the methodology described 17 in section 412.64(h)(4) of title 42, 18 Code of Federal Regulations, as in ef- 19 fect for fiscal year 2018. 20 purposes of subclause ‘‘(III) WAIVING BUDGET NEU- 21 TRALITY.—Pursuant 22 tence of clause (i), this subsection 23 shall not be applied in a budget neu- 24 tral manner. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—For IN 12:13 May 12, 2020 Jkt 000000 to the fifth sen- (763351 3) PO 00000 Frm 00371 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 372 1 ‘‘(IV) ALL-URBAN DE- 2 FINED.—In 3 urban State’ means a State in which 4 there are no rural areas (as defined in 5 paragraph (2)(D)) or a State in which 6 there are no hospitals classified as 7 rural under this section.’’. 8 this clause, the term ‘all- (b) WAIVING BUDGET NEUTRALITY.— 9 (1) TECHNICAL AMENDATORY CORRECTION.— 10 Section 10324(a)(2) of Public Law 111–148 is 11 amended by striking ‘‘third sentence’’ and inserting 12 ‘‘fifth sentence’’. 13 (2) WAIVER.—Section 1886(d)(3)(E)(i) of the 14 Social Security Act (42 U.S.C. 1395ww(d)(3)(E)(i)) 15 is amended, in the fifth sentence— 16 (A) by striking ‘‘and the amendments’’ and 17 inserting ‘‘, the amendments’’; and 18 (B) by inserting ‘‘, and the amendments 19 made by section 30212 of the HEROES Act’’ 20 after ‘‘Care Act’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 STATE 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00372 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 373 1 TITLE III—PRIVATE INSURANCE PROVISIONS 2 Subtitle A—Health Plans 3 SPECIAL ENROLLMENT PERIOD THROUGH EXCHANGES; 4 FEDERAL EXCHANGE OUTREACH AND EDUCATIONAL 5 ACTIVITIES 6 SEC. 30301. 7 (a) SPECIAL ENROLLMENT PERIOD THROUGH EX- 8 CHANGES.—Section 1311(c) of the Patient Protection and 9 Affordable Care Act (42 U.S.C. 18031(c)) is amended— 10 (1) in paragraph (6)— 11 (A) in subparagraph (C), by striking at the 12 end ‘‘and’’; 13 (B) in subparagraph (D), by striking at 14 the end the period and inserting ‘‘; and’’; and 15 (C) by adding at the end the following new 16 subparagraph: 17 ‘‘(E) subject to subparagraph (B) of para- 18 graph (8), the special enrollment period de- 19 scribed in subparagraph (A) of such para- 20 graph.’’; and 21 (2) by adding at the end the following new 22 paragraph: 23 24 ‘‘(8) SPECIAL TAIN PUBLIC HEALTH EMERGENCY.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 ENROLLMENT PERIOD FOR CER- Jkt 000000 (763351 3) PO 00000 Frm 00373 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 374 1 ‘‘(A) IN Secretary shall, 2 subject to subparagraph (B), require an Ex- 3 change to provide— 4 ‘‘(i) for a special enrollment period 5 during the emergency period described in 6 section 1135(g)(1)(B) of the Social Secu- 7 rity Act— 8 ‘‘(I) which shall begin on the 9 date that is one week after the date of 10 the enactment of this paragraph and 11 which, in the case of an Exchange es- 12 tablished or operated by the Secretary 13 within a State pursuant to section 14 1321(c), shall be an 8-week period; 15 and 16 ‘‘(II) during which any individual 17 who is otherwise eligible to enroll in a 18 qualified health plan through the Ex- 19 change may enroll in such a qualified 20 health plan; and 21 ‘‘(ii) that, in the case of an individual 22 who enrolls in a qualified health plan 23 through the Exchange during such enroll- 24 ment period, the coverage period under 25 such plan shall begin, at the option of the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00374 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 375 1 individual, on April 1, 2020, or on the first 2 day of the month following the day the in- 3 dividual selects a plan through such special 4 enrollment period. 5 ‘‘(B) EXCEPTION.—The requirement of 6 subparagraph (A) shall not apply to a State-op- 7 erated or State-established Exchange if such 8 Exchange, prior to the date of the enactment of 9 this paragraph, established or otherwise pro- 10 vided for a special enrollment period to address 11 access to coverage under qualified health plans 12 offered through such Exchange during the 13 emergency 14 1135(g)(1)(B) of the Social Security Act.’’. 15 16 period described (b) FEDERAL EXCHANGE OUTREACH CATIONAL in section AND EDU- ACTIVITIES.—Section 1321(c) of the Patient 17 Protection and Affordable Care Act (42 U.S.C. 18041(c)) 18 is amended by adding at the end the following new para19 graph: 20 21 ‘‘(3) OUTREACH EDUCATIONAL ACTIVI- TIES.— 22 ‘‘(A) IN GENERAL.—In the case of an Ex- 23 change established or operated by the Secretary 24 within a State pursuant to this subsection, the 25 Secretary shall carry out outreach and edu- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AND 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00375 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 376 1 cational activities for purposes of informing po- 2 tential enrollees in qualified health plans offered 3 through the Exchange of the availability of cov- 4 erage under such plans and financial assistance 5 for coverage under such plans. Such outreach 6 and educational activities shall be provided in a 7 manner that is culturally and linguistically ap- 8 propriate to the needs of the populations being 9 served by the Exchange (including hard-to- 10 reach populations, such as racial and sexual mi- 11 norities, limited English proficient populations, 12 and young adults). 13 ‘‘(B) LIMITATION 14 funds appropriated under this paragraph shall 15 be used for expenditures for promoting non- 16 ACA compliant health insurance coverage. 17 ‘‘(C) NON-ACA COMPLIANT HEALTH IN- 18 SURANCE COVERAGE.—For 19 paragraph (B): purposes of sub- 20 ‘‘(i) The term ‘non-ACA compliant 21 health insurance coverage’ means health 22 insurance coverage, or a group health plan, 23 that is not a qualified health plan. 24 ‘‘(ii) Such term includes the following: 25 ‘‘(I) An association health plan. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ON USE OF FUNDS.—No 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00376 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 377 1 ‘‘(II) Short-term limited duration 2 insurance. 3 ‘‘(D) FUNDING.—There are appropriated, 4 out of any funds in the Treasury not otherwise 5 appropriated, $25,000,000, to remain available 6 until expended— 7 ‘‘(i) to carry out this paragraph; 8 and— 9 ‘‘(ii) at the discretion of the Sec- 10 retary, to carry out section 1311(i), with 11 respect to an Exchange established or op- 12 erated by the Secretary within a State pur- 13 suant to this subsection.’’. 14 (c) IMPLEMENTATION.—The Secretary of Health and 15 Human Services may implement the provisions of (includ16 ing amendments made by) this section through subregu17 latory guidance, program instruction, or otherwise. 18 EXPEDITED MEETING OF ACIP FOR COVID–19 VACCINES 19 SEC. 30302. 20 (a) IN GENERAL.—Notwithstanding section 3091 of 21 the 21st Century Cures Act (21 U.S.C. 360bbb–4 note), 22 the Advisory Committee on Immunization Practices shall 23 meet and issue a recommendation with respect to a vac24 cine that is intended to prevent or treat COVID–19 not 25 later than 15 business days after the date on which such g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 378 1 vaccine is licensed under section 351 of the Public Health 2 Service Act (42 U.S.C. 262). 3 (b) DEFINITION.—In this section, the term ‘‘Advisory 4 Committee on Immunization Practices’’ means the Advi5 sory Committee on Immunization Practices established by 6 the Secretary of Health and Human Services pursuant to 7 section 222 of the Public Health Service Act (42 U.S.C. 8 217a), acting through the Director of the Centers for Dis9 ease Control and Prevention. 10 COVERAGE OF COVID–19 RELATED TREATMENT AT NO 11 COST SHARING 12 SEC. 30303. 13 (a) IN GENERAL.—A group health plan and a health 14 insurance issuer offering group or individual health insur15 ance coverage (including a grandfathered health plan (as 16 defined in section 1251(e) of the Patient Protection and 17 Affordable Care Act)) shall provide coverage, and shall not 18 impose any cost sharing (including deductibles, copay19 ments, and coinsurance) requirements, for the following 20 items and services furnished during any portion of the 21 emergency period defined in paragraph (1)(B) of section 22 1135(g) of the Social Security Act (42 U.S.C. 1320b– 23 5(g)) beginning on or after the date of the enactment of 24 this Act: 25 (1) Medically necessary items and services (in- 26 cluding in-person or telehealth visits in which such g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00378 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 379 1 items and services are furnished) that are furnished 2 to an individual who has been diagnosed with (or 3 after provision of the items and services is diagnosed 4 with) COVID–19 to treat or mitigate the effects of 5 COVID–19. 6 (2) Medically necessary items and services (in- 7 cluding in-person or telehealth visits in which such 8 items and services are furnished) that are furnished 9 to an individual who is presumed to have COVID– 10 19 but is never diagnosed as such, if the following 11 conditions are met: 12 (A) Such items and services are furnished 13 to the individual to treat or mitigate the effects 14 of COVID–19 or to mitigate the impact of 15 COVID–19 on society. 16 (B) Health care providers have taken ap- 17 propriate steps under the circumstances to 18 make a diagnosis, or confirm whether a diag- 19 nosis was made, with respect to such individual, 20 for COVID–19, if possible. 21 (b) ITEMS AND SERVICES RELATED TO COVID– 22 19.—For purposes of this section— 23 (1) not later than one week after the date of 24 the enactment of this section, the Secretary of 25 Health and Human Services, Secretary of Labor, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00379 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 380 1 and Secretary of the Treasury shall jointly issue 2 guidance specifying applicable diagnoses and medi- 3 cally necessary items and services related to 4 COVID–19; and 5 (2) such items and services shall include all 6 items or services that are relevant to the treatment 7 or mitigation of COVID–19, regardless of whether 8 such items or services are ordinarily covered under 9 the terms of a group health plan or group or indi- 10 vidual health insurance coverage offered by a health 11 insurance issuer. 12 (c) ENFORCEMENT.— 13 (1) APPLICATION RESPECT TO PHSA, 14 ERISA, AND IRC.—The 15 shall be applied by the Secretary of Health and 16 Human Services, Secretary of Labor, and Secretary 17 of the Treasury to group health plans and health in- 18 surance issuers offering group or individual health 19 insurance coverage as if included in the provisions of 20 part A of title XXVII of the Public Health Service 21 Act, part 7 of the Employee Retirement Income Se- 22 curity Act of 1974, and subchapter B of chapter 100 23 of the Internal Revenue Code of 1986, as applicable. 24 25 (2) PRIVATE 12:13 May 12, 2020 provisions of this section RIGHT OF ACTION.—An individual with respect to whom an action is taken by a group g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 WITH Jkt 000000 (763351 3) PO 00000 Frm 00380 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 381 1 health plan or health insurance issuer offering group 2 or individual health insurance coverage in violation 3 of subsection (a) may commence a civil action 4 against the plan or issuer for appropriate relief. The 5 previous sentence shall not be construed as limiting 6 any enforcement mechanism otherwise applicable 7 pursuant to paragraph (1). 8 (d) IMPLEMENTATION.—The Secretary of Health and 9 Human Services, Secretary of Labor, and Secretary of the 10 Treasury may implement the provisions of this section 11 through sub-regulatory guidance, program instruction or 12 otherwise. 13 (e) TERMS.—The terms ‘‘group health plan’’; ‘‘health 14 insurance issuer’’; ‘‘group health insurance coverage’’, and 15 ‘‘individual health insurance coverage’’ have the meanings 16 given such terms in section 2791 of the Public Health 17 Service Act (42 U.S.C. 300gg–91), section 733 of the Em18 ployee Retirement Income Security Act of 1974 (29 19 U.S.C. 1191b), and section 9832 of the Internal Revenue 20 Code of 1986, as applicable. 21 REQUIRING PRESCRIPTION DRUG REFILL NOTIFICATIONS 22 DURING EMERGENCIES 23 SEC. 30304. 24 (a) ERISA.— 25 26 (1) IN 12:13 May 12, 2020 B of part 7 of sub- title B of title I of the Employee Retirement Income g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Subpart Jkt 000000 (763351 3) PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 382 1 Security Act of 1974 (29 U.S.C. 1185 et seq.) is 2 amended by adding at the end the following new sec- 3 tion: 4 ‘‘SEC. 716. PROVISION OF PRESCRIPTION DRUG REFILL NO- 5 TIFICATIONS DURING EMERGENCIES. 6 ‘‘(a) IN GENERAL.—A group health plan, and a 7 health insurance issuer offering health insurance coverage 8 in connection with a group health plan, that provides bene9 fits for prescription drugs under such plan or such cov10 erage shall provide to each participant or beneficiary 11 under such plan or such coverage who resides in an emer12 gency area during an emergency period— 13 ‘‘(1) not later than 5 business days after the 14 date of the beginning of such period with respect to 15 such area (or, the case of the emergency period de- 16 scribed in section 30304(d)(2) of the HEROES Act, 17 not later than 5 business days after the date of the 18 enactment of this section), a notification (written in 19 a manner that is clear and understandable to the av- 20 erage participant or beneficiary)— 21 ‘‘(A) of whether such plan or coverage will 22 waive, during such period with respect to such 23 a participant or beneficiary, any time restric- 24 tions under such plan or coverage on any au- 25 thorized refills for such drugs to enable such re- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 383 1 fills in advance of when such refills would oth- 2 erwise have been permitted under such plan or 3 coverage; and 4 ‘‘(B) in the case that such plan or coverage 5 will waive such restrictions during such period 6 with respect to such a participant or bene- 7 ficiary, that contains information on how such 8 a participant or beneficiary may obtain such a 9 refill; and 10 ‘‘(2) in the case such plan or coverage elects to 11 so waive such restrictions during such period with 12 respect to such a participant or beneficiary after the 13 notification described in paragraph (1) has been pro- 14 vided with respect to such period, not later than 5 15 business days after such election, a notification of 16 such election that contains the information described 17 in subparagraph (B) of such paragraph. 18 ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For 19 purposes of this section, an ‘emergency area’ is a geo20 graphical area in which, and an ‘emergency period’ is the 21 period during which, there exists— 22 ‘‘(1) an emergency or disaster declared by the 23 President pursuant to the National Emergencies Act 24 or the Robert T. Stafford Disaster Relief and Emer- 25 gency Assistance Act; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00383 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 384 1 ‘‘(2) a public health emergency declared by the 2 Secretary pursuant to section 319 of the Public 3 Health Service Act.’’. 4 (2) CLERICAL AMENDMENT.—The table of con- 5 tents of the Employee Retirement Income Security 6 Act of 1974 is amended by inserting after the item 7 relating to section 714 the following: ‘‘Sec. 715. Additional market reforms. ‘‘Sec. 716. Provision of prescription drug refill notifications during emergencies.’’. 8 (b) PHSA.—Subpart II of part A of title XXVII of 9 the Public Health Service Act (42 U.S.C. 300gg–11 et 10 seq.) is amended by adding at the end the following new 11 section: 12 ‘‘SEC. 2730. PROVISION OF PRESCRIPTION DRUG REFILL 13 14 NOTIFICATIONS DURING EMERGENCIES. ‘‘(a) IN GENERAL.—A group health plan, and a 15 health insurance issuer offering group or individual health 16 insurance coverage, that provides benefits for prescription 17 drugs under such plan or such coverage shall provide to 18 each participant, beneficiary, or enrollee enrolled under 19 such plan or such coverage who resides in an emergency 20 area during an emergency period— 21 ‘‘(1) not later than 5 business days after the 22 date of the beginning of such period with respect to 23 such area (or, the case of the emergency period de- 24 scribed in section 30304(d)(2) of the HEROES Act, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00384 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 385 1 not later than 5 business days after the date of the 2 enactment of this section), a notification (written in 3 a manner that is clear and understandable to the av- 4 erage participant, beneficiary, or enrollee)— 5 ‘‘(A) of whether such plan or coverage will 6 waive, during such period with respect to such 7 a participant, beneficiary, or enrollee, any time 8 restrictions under such plan or coverage on any 9 authorized refills for such drugs to enable such 10 refills in advance of when such refills would 11 otherwise have been permitted under such plan 12 or coverage; and 13 ‘‘(B) in the case that such plan or coverage 14 will waive such restrictions during such period 15 with respect to such a participant, beneficiary, 16 or enrollee, that contains information on how 17 such a participant, beneficiary, or enrollee may 18 obtain such a refill; and 19 ‘‘(2) in the case such plan or coverage elects to 20 so waive such restrictions during such period with 21 respect to such a participant, beneficiary, or enrollee 22 after the notification described in paragraph (1) has 23 been provided with respect to such period, not later 24 than 5 business days after such election, a notifica- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00385 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 386 1 tion of such election that contains the information 2 described in subparagraph (B) of such paragraph. 3 ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For 4 purposes of this section, an ‘emergency area’ is a geo5 graphical area in which, and an ‘emergency period’ is the 6 period during which, there exists— 7 ‘‘(1) an emergency or disaster declared by the 8 President pursuant to the National Emergencies Act 9 or the Robert T. Stafford Disaster Relief and Emer- 10 gency Assistance Act; and 11 ‘‘(2) a public health emergency declared by the 12 Secretary pursuant to section 319.’’. 13 (c) IRC.— 14 (1) IN GENERAL.—Subchapter B of chapter 15 100 of the Internal Revenue Code of 1986 is amend- 16 ed by adding at the end the following new section: 17 ‘‘SEC. 9816. PROVISION OF PRESCRIPTION DRUG REFILL 18 19 NOTIFICATIONS DURING EMERGENCIES. ‘‘(a) IN GENERAL.—A group health plan that pro- 20 vides benefits for prescription drugs under such plan shall 21 provide to each participant or beneficiary enrolled under 22 such plan who resides in an emergency area during an 23 emergency period, not later than 5 business days after the 24 date of the beginning of such period with respect to such 25 area (or, the case of the emergency period described in g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00386 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 387 1 section 30304(d)(2) of the HEROES Act, not later than 2 5 business days after the date of the enactment of this 3 section)— 4 ‘‘(1) a notification (written in a manner that is 5 clear and understandable to the average participant 6 or beneficiary)— 7 ‘‘(A) of whether such plan will waive, dur- 8 ing such period with respect to such a partici- 9 pant or beneficiary, any time restrictions under 10 such plan on any authorized refills for such 11 drugs to enable such refills in advance of when 12 such refills would otherwise have been per- 13 mitted under such plan; and 14 ‘‘(B) in the case that such plan will waive 15 such restrictions during such period with re- 16 spect to such a participant or beneficiary, that 17 contains information on how such a participant 18 or beneficiary may obtain such a refill; and 19 ‘‘(2) in the case such plan elects to so waive 20 such restrictions during such period with respect to 21 such a participant or beneficiary after the notifica- 22 tion described in paragraph (1) has been provided 23 with respect to such period, not later than 5 busi- 24 ness days after such election, a notification of such g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00387 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 388 1 election that contains the information described in 2 subparagraph (B) of such paragraph. 3 ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—For 4 purposes of this section, an ‘emergency area’ is a geo5 graphical area in which, and an ‘emergency period’ is the 6 period during which, there exists— 7 ‘‘(1) an emergency or disaster declared by the 8 President pursuant to the National Emergencies Act 9 or the Robert T. Stafford Disaster Relief and Emer- 10 gency Assistance Act; and 11 ‘‘(2) a public health emergency declared by the 12 Secretary pursuant to section 319 of the Public 13 Health Service Act.’’. 14 (2) CLERICAL AMENDMENT.—The table of sec- 15 tions for subchapter B of chapter 100 of the Inter- 16 nal Revenue Code of 1986 is amended by adding at 17 the end the following new item: ‘‘Sec. 9816. Provision of prescription drug refill notifications during emergencies.’’. 18 (d) EFFECTIVE DATE.—The amendments made by 19 this section shall apply with respect to— 20 21 (1) emergency periods beginning on or after the date of the enactment of this Act; and 22 (2) the emergency period relating to the public 23 health emergency declared by the Secretary of 24 Health and Human Services pursuant to section 319 g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00388 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 389 1 of the Public Health Service Act on January 31, 2 2020, entitled ‘‘Determination that a Public Health 3 Emergency Exists Nationwide as the Result of the 4 2019 Novel Coronavirus’’. 5 IMPROVEMENT OF CERTAIN NOTIFICATIONS PROVIDED TO 6 QUALIFIED 7 PLANS IN THE CASE OF QUALIFYING EVENTS 8 SEC. 30305. 9 (a) EMPLOYEE RETIREMENT INCOME SECURITY ACT 10 OF BY GROUP HEALTH 1974.— 11 (1) IN GENERAL.—Section 606 of the Employee 12 Retirement Income Security Act of 1974 (29 U.S.C. 13 1166) is amended— 14 (A) in subsection (a)(4), in the matter fol- 15 lowing subparagraph (B), by striking ‘‘under 16 this subsection’’ and inserting ‘‘under this part 17 in accordance with the notification requirements 18 under subsection (c)’’; and 19 (B) in subsection (c)— 20 (i) by striking ‘‘For purposes of sub- 21 section (a)(4), any notification’’ and insert- 22 ing ‘‘For purposes of subsection (a)(4)— 23 ‘‘(1) any notification’’; 24 (ii) by striking ‘‘, whichever is applica- 25 ble, and any such notification’’ and insert- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BENEFICIARIES 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00389 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 390 1 ing ‘‘of subsection (a), whichever is appli- 2 cable; 3 ‘‘(2) any such notification’’; and 4 (iii) by striking ‘‘such notification is 5 made’’ and inserting ‘‘such notification is 6 made; and 7 ‘‘(3) any such notification shall, with respect to 8 each qualified beneficiary with respect to whom such 9 notification is made, include information regarding 10 any Exchange established under title I of the Pa- 11 tient Protection and Affordable Care Act through 12 which such a qualified beneficiary may be eligible to 13 enroll in a qualified health plan (as defined in sec- 14 tion 1301 of the Patient Protection and Affordable 15 Care Act), including— 16 ‘‘(A) 17 publicly accessible Internet website address for such Exchange; 18 ‘‘(B) the publicly accessible Internet 19 website address for the Find Local Help direc- 20 tory maintained by the Department of Health 21 and Human Services on the healthcare.gov 22 Internet website (or a successor website); 23 ‘‘(C) a clear explanation that— 24 ‘‘(i) an individual who is eligible for 25 continuation coverage may also be eligible g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 the 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00390 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 391 1 to enroll, with financial assistance, in a 2 qualified health plan offered through such 3 Exchange, but, in the case that such indi- 4 vidual elects to enroll in such continuation 5 coverage and subsequently elects to termi- 6 nate such continuation coverage before the 7 period of such continuation coverage ex- 8 pires, such individual will not be eligible to 9 enroll in a qualified health plan offered 10 through such Exchange during a special 11 enrollment period; and 12 ‘‘(ii) an individual who elects to enroll 13 in continuation coverage will remain eligi- 14 ble to enroll in a qualified health plan of- 15 fered through such Exchange during an 16 open enrollment period and may be eligible 17 for financial assistance with respect to en- 18 rolling in such a qualified health plan; 19 ‘‘(D) information on consumer protections 20 with respect to enrolling in a qualified health 21 plan offered through such Exchange, including 22 the requirement for such a qualified health plan 23 to provide coverage for essential health benefits 24 (as defined in section 1302(b) of the Patient 25 Protection and Affordable Care Act) and the re- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00391 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 392 1 quirements applicable to such a qualified health 2 plan under part A of title XXVII of the Public 3 Health Service Act; and 4 ‘‘(E) information on the availability of fi- 5 nancial assistance with respect to enrolling in a 6 qualified health plan, including the maximum 7 income limit for eligibility for a premium tax 8 credit under section 36B of the Internal Rev- 9 enue Code of 1986.’’. 10 (2) EFFECTIVE amendments made 11 by paragraph (1) shall apply with respect to quali- 12 fying events occurring on or after the date that is 13 14 days after the date of the enactment of this Act. 14 (b) PUBLIC HEALTH SERVICE ACT.— 15 (1) IN GENERAL.—Section 2206 of the Public 16 Health Service Act (42 U.S.C. 300bb–6) is amend- 17 ed— 18 (A) by striking ‘‘In accordance’’ and in- 19 20 serting the following: ‘‘(a) IN GENERAL.—In accordance’’; 21 (B) by striking ‘‘of such beneficiary’s 22 rights under this subsection’’ and inserting ‘‘of 23 such beneficiary’s rights under this title in ac- 24 cordance with the notification requirements 25 under subsection (b)’’; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DATE.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 393 1 (C) by striking ‘‘For purposes of para- 2 graph (4),’’ and all that follows through ‘‘such 3 notification is made.’’ and inserting the fol- 4 lowing: 5 6 ‘‘(b) RULES RELATING FIED BENEFICIARIES TO NOTIFICATION OF QUALI- PLAN ADMINISTRATOR.—For BY 7 purposes of subsection (a)(4)— 8 ‘‘(1) any notification shall be made within 14 9 days of the date on which the plan administrator is 10 notified under paragraph (2) or (3) of subsection 11 (a), whichever is applicable; 12 ‘‘(2) any such notification to an individual who 13 is a qualified beneficiary as the spouse of the cov- 14 ered employee shall be treated as notification to all 15 other qualified beneficiaries residing with such 16 spouse at the time such notification is made; and 17 ‘‘(3) any such notification shall, with respect to 18 each qualified beneficiary with respect to whom such 19 notification is made, include information regarding 20 any Exchange established under title I of the Pa- 21 tient Protection and Affordable Care Act through 22 which such a qualified beneficiary may be eligible to 23 enroll in a qualified health plan (as defined in sec- 24 tion 1301 of the Patient Protection and Affordable 25 Care Act), including— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 394 1 ‘‘(A) 2 publicly accessible Internet website address for such Exchange; 3 ‘‘(B) the publicly accessible Internet 4 website address for the Find Local Help direc- 5 tory maintained by the Department of Health 6 and Human Services on the healthcare.gov 7 Internet website (or a successor website); 8 ‘‘(C) a clear explanation that— 9 ‘‘(i) an individual who is eligible for 10 continuation coverage may also be eligible 11 to enroll, with financial assistance, in a 12 qualified health plan offered through such 13 Exchange, but, in the case that such indi- 14 vidual elects to enroll in such continuation 15 coverage and subsequently elects to termi- 16 nate such continuation coverage before the 17 period of such continuation coverage ex- 18 pires, such individual will not be eligible to 19 enroll in a qualified health plan offered 20 through such Exchange during a special 21 enrollment period; and 22 ‘‘(ii) an individual who elects to enroll 23 in continuation coverage will remain eligi- 24 ble to enroll in a qualified health plan of- 25 fered through such Exchange during an g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 the 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00394 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 395 1 open enrollment period and may be eligible 2 for financial assistance with respect to en- 3 rolling in such a qualified health plan; 4 ‘‘(D) information on consumer protections 5 with respect to enrolling in a qualified health 6 plan offered through such Exchange, including 7 the requirement for such a qualified health plan 8 to provide coverage for essential health benefits 9 (as defined in section 1302(b) of the Patient 10 Protection and Affordable Care Act) and the re- 11 quirements applicable to such a qualified health 12 plan under part A of title XXVII; and 13 ‘‘(E) information on the availability of fi- 14 nancial assistance with respect to enrolling in a 15 qualified health plan, including the maximum 16 income limit for eligibility for a premium tax 17 credit under section 36B of the Internal Rev- 18 enue Code of 1986.’’. 19 (2) EFFECTIVE amendments made 20 by paragraph (1) shall apply with respect to quali- 21 fying events occurring on or after the date that is 22 14 days after the date of the enactment of this Act. 23 (c) INTERNAL REVENUE CODE OF 1986.— 24 25 (1) IN 12:13 May 12, 2020 GENERAL.—Section 4980B(f)(6) of the Internal Revenue Code of 1986 is amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DATE.—The Jkt 000000 (763351 3) PO 00000 Frm 00395 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 396 1 (A) in subparagraph (D)— 2 (i) in clause (ii), by striking ‘‘under 3 subparagraph (C)’’ and inserting ‘‘under 4 clause (iii)’’; and 5 (ii) by redesignating clauses (i) and 6 (ii) as subclauses (I) and (II), respectively, 7 and moving the margin of each such sub- 8 clause, as so redesignated, 2 ems to the 9 right; 10 (B) by redesignating subparagraphs (A) 11 through (D) as clauses (i) through (iv), respec- 12 tively, and moving the margin of each such 13 clause, as so redesignated, 2 ems to the right; 14 (C) by striking ‘‘In accordance’’ and in- 15 serting the following: 16 ‘‘(A) IN 17 (D) by inserting after ‘‘of such bene- 18 ficiary’s rights under this subsection’’ the fol- 19 lowing: ‘‘in accordance with the notification re- 20 quirements under subparagraph (C)’’; and accordance’’; 21 (E) by striking ‘‘The requirements of sub- 22 paragraph (B)’’ and all that follows through 23 ‘‘such notification is made.’’ and inserting the 24 following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 397 1 ‘‘(B) ALTERNATIVE 2 ANCE WITH REQUIREMENT FOR NOTIFICATION 3 OF MULTIEMPLOYER PLANS BY EMPLOYERS.— 4 The requirements of subparagraph (A)(ii) shall 5 be considered satisfied in the case of a multiem- 6 ployer plan in connection with a qualifying 7 event described in paragraph (3)(B) if the plan 8 provides that the determination of the occur- 9 rence of such qualifying event will be made by 10 the plan administrator. 11 ‘‘(C) RULES RELATING TO NOTIFICATION 12 OF QUALIFIED BENEFICIARIES BY PLAN ADMIN- 13 ISTRATOR.—For 14 (A)(iv)— purposes of subparagraph 15 ‘‘(i) any notification shall be made 16 within 14 days (or, in the case of a group 17 health plan which is a multiemployer plan, 18 such longer period of time as may be pro- 19 vided in the terms of the plan) of the date 20 on which the plan administrator is notified 21 under clause (ii) or (iii) of subparagraph 22 (A), whichever is applicable; 23 ‘‘(ii) any such notification to an indi- 24 vidual who is a qualified beneficiary as the 25 spouse of the covered employee shall be g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MEANS OF COMPLI- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00397 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 398 1 treated as notification to all other qualified 2 beneficiaries residing with such spouse at 3 the time such notification is made; and 4 ‘‘(iii) any such notification shall, with 5 respect to each qualified beneficiary with 6 respect to whom such notification is made, 7 include information regarding any Ex- 8 change established under title I of the Pa- 9 tient Protection and Affordable Care Act 10 through which such a qualified beneficiary 11 may be eligible to enroll in a qualified 12 health plan (as defined in section 1301 of 13 the Patient Protection and Affordable Care 14 Act), including— 15 ‘‘(I) the publicly accessible Inter- 16 net website address for such Ex- 17 change; 18 ‘‘(II) publicly accessible 19 Internet website address for the Find 20 Local Help directory maintained by 21 the 22 Human Services on the healthcare.gov 23 Internet 24 website); 25 12:13 May 12, 2020 Department website of (or Health a and successor ‘‘(III) a clear explanation that— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 the Jkt 000000 (763351 3) PO 00000 Frm 00398 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 399 1 ‘‘(aa) an individual who is 2 eligible for continuation coverage 3 may also be eligible to enroll, 4 with financial assistance, in a 5 qualified 6 through such Exchange, but, in 7 the case that such individual 8 elects to enroll in such continu- 9 ation coverage and subsequently 10 elects to terminate such continu- 11 ation coverage before the period 12 of such continuation coverage ex- 13 pires, such individual will not be 14 eligible to enroll in a qualified 15 health plan offered through such 16 Exchange during a special enroll- 17 ment period; and 18 ‘‘(bb) an plan offered individual who 19 elects to enroll in continuation 20 coverage will remain eligible to 21 enroll in a qualified health plan 22 offered through such Exchange 23 during an open enrollment period 24 and may be eligible for financial 25 assistance with respect to enroll- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 health 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 400 1 ing in such a qualified health 2 plan; 3 ‘‘(IV) information on consumer 4 protections with respect to enrolling in 5 a 6 through such Exchange, including the 7 requirement 8 health plan to provide coverage for es- 9 sential health benefits (as defined in 10 section 1302(b) of the Patient Protec- 11 tion and Affordable Care Act) and the 12 requirements applicable to such a 13 qualified health plan under part A of 14 title XXVII of the Public Health 15 Service Act; and health for such plan a offered qualified 16 ‘‘(V) information on the avail- 17 ability of financial assistance with re- 18 spect to enrolling in a qualified health 19 plan, including the maximum income 20 limit for eligibility for a premium tax 21 credit under section 36B.’’. 22 (2) EFFECTIVE DATE.—The amendments made 23 by paragraph (1) shall apply with respect to quali- 24 fying events occurring on or after the date that is 25 14 days after the date of the enactment of this Act. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 qualified 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 401 1 (d) MODEL NOTICES.—Not later than 14 days after 2 the date of the enactment of this Act, the Secretary of 3 the Labor, in consultation with the Secretary of the Treas4 ury and the Secretary of Health and Human Services, 5 shall— 6 (1) update the model Consolidated Omnibus 7 Budget Reconciliation Act of 1985 (referred to in 8 this subsection as ‘‘COBRA’’) continuation coverage 9 general notice and the model COBRA continuation 10 coverage election notice developed by the Secretary 11 of Labor for purposes of facilitating compliance of 12 group health plans with the notification require- 13 ments under section 606 of the Employee Retire- 14 ment Income Security Act of 1974 (29 U.S.C. 1166) 15 to include the information described in paragraph 16 (3) of subsection (c) of such section 606, as added 17 by subsection (a)(1); 18 (2) provide an opportunity for consumer testing 19 of each such notice, as so updated, to ensure that 20 each such notice is clear and understandable to the 21 average participant or beneficiary of a group health 22 plan; and 23 (3) rename the model COBRA continuation 24 coverage general notice and the model COBRA con- 25 tinuation coverage election notice as the ‘‘model g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00401 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 402 1 COBRA continuation coverage and Affordable Care 2 Act coverage general notice’’ and the ‘‘model 3 COBRA continuation coverage and Affordable Care 4 Act coverage election notice’’, respectively. 5 SOONER COVERAGE OF TESTING FOR COVID–19 6 SEC. 30306. 7 Section 6001(a) of division F of the Families First 8 Coronavirus Response Act (42 U.S.C. 1320b–5 note) is 9 amended by striking ‘‘beginning on or after’’ and inserting 10 ‘‘beginning before, on, or after’’. 11 Subtitle B—Worker Health Coverage Protection 12 SHORT TITLE 13 SEC. 30311. 14 This subtitle may be cited as the ‘‘Worker Health 15 Coverage Protection Act’’. 16 PRESERVING HEALTH BENEFITS FOR WORKERS 17 SEC. 30312. 18 (a) PREMIUM ASSISTANCE 19 ATION COVERAGE FOR COBRA CONTINU- FURLOUGHED CONTINUATION AND 20 COVERAGE FOR INDIVIDUALS AND THEIR FAMILIES.— 21 (1) PROVISION 22 (A) 23 ABLE.— REDUCTION PREMIUMS PAY- CONTINUATION COV- OF 24 (i) 25 ERAGE.—In 26 period of coverage during the period begin- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF PREMIUM ASSISTANCE.— 12:13 May 12, 2020 Jkt 000000 COBRA the case of any premium for a (763351 3) PO 00000 Frm 00402 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 403 1 ning on March 1, 2020, and ending on 2 January 31, 2021 for COBRA continu- 3 ation coverage with respect to any assist- 4 ance eligible individual described in para- 5 graph (3)(A), such individual shall be 6 treated for purposes of any COBRA con- 7 tinuation provision as having paid the 8 amount of such premium if such individual 9 pays (and any person other than such indi- 10 vidual’s employer pays on behalf of such 11 individual) 0 percent of the amount of 12 such premium owed by such individual (as 13 determined without regard to this sub- 14 section). 15 (ii) CONTINUATION 16 COVERAGE.—In 17 for a period of coverage during the period 18 beginning on March 1, 2020, and ending 19 on January 31, 2021 for coverage under a 20 group health plan with respect to any as- 21 sistance eligible individual described in 22 paragraph (3)(B), such individual shall be 23 treated for purposes of coverage under the 24 plan offered by the plan sponsor in which 25 the individual is enrolled as having paid g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FURLOUGHED 12:13 May 12, 2020 Jkt 000000 the case of any premium (763351 3) PO 00000 Frm 00403 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 404 1 the amount of such premium if such indi- 2 vidual pays (and any person other than 3 such individual’s employer pays on behalf 4 of such individual) 0 percent of the 5 amount of such premium owed by such in- 6 dividual (as determined without regard to 7 this subsection). 8 (B) PLAN 9 (i) IN GENERAL.—Notwithstanding 10 the COBRA continuation provisions, any 11 assistance eligible individual who is en- 12 rolled in a group health plan offered by a 13 plan sponsor may, not later than 90 days 14 after the date of notice of the plan enroll- 15 ment option described in this subpara- 16 graph, elect to enroll in coverage under a 17 plan offered by such plan sponsor that is 18 different than coverage under the plan in 19 which such individual was enrolled at the 20 time— 21 (I) in the case of any assistance 22 eligible individual described in para- 23 graph (3)(A), the qualifying event 24 specified in section 603(2) of the Em- 25 ployee Retirement Income Security g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ENROLLMENT OPTION.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00404 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 405 1 Act of 1974, section 4980B(f)(3)(B) 2 of the Internal Revenue Code of 1986, 3 section 2203(2) of the Public Health 4 Service Act, or section 8905a of title 5 5, United States Code (except for the 6 voluntary termination of such individ- 7 ual’s employment by such individual), 8 occurred, and such coverage shall be 9 treated as COBRA continuation cov- 10 erage for purposes of the applicable 11 COBRA continuation coverage provi- 12 sion; or 13 (II) in the case of any assistance 14 eligible individual described in para- 15 graph (3)(B), the furlough period 16 began with respect to such individual. 17 (ii) REQUIREMENTS.—Any assistance 18 eligible individual may elect to enroll in 19 different coverage as described in clause (i) 20 only if— 21 (I) the employer involved has 22 made a determination that such em- 23 ployer will permit such assistance eli- 24 gible individual to enroll in different g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00405 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 406 1 coverage as provided under this sub- 2 paragraph; 3 (II) the premium for such dif- 4 ferent coverage does not exceed the 5 premium for coverage in which such 6 individual was enrolled at the time 7 such qualifying event occurred or im- 8 mediately before such furlough began; 9 (III) the different coverage in 10 which the individual elects to enroll is 11 coverage that is also offered to the ac- 12 tive employees of the employer, who 13 are not in a furlough period, at the 14 time at which such election is made; 15 and 16 (IV) the different coverage in 17 which the individual elects to enroll is 18 not— 19 (aa) coverage that provides 20 only dental, vision, counseling, or 21 referral services (or a combina- 22 tion of such services); 23 (bb) a qualified small em- 24 ployer health reimbursement ar- 25 rangement (as defined in section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00406 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 407 1 9831(d)(2) of the Internal Rev- 2 enue Code of 1986); 3 (cc) a flexible spending ar- 4 rangement (as defined in section 5 106(c)(2) of the Internal Rev- 6 enue Code of 1986); or 7 (dd) benefits that provide 8 coverage for services or treat- 9 ments furnished in an on-site 10 medical facility maintained by 11 the employer and that consists 12 primarily of first-aid services, 13 prevention and wellness care, or 14 similar care (or a combination of 15 such care). 16 (C) PREMIUM pro- 17 visions providing the payment of such premium, 18 see section 6432 of the Internal Revenue Code 19 of 1986, as added by paragraph (14). 20 (2) LIMITATION 21 OF PERIOD OF PREMIUM AS- SISTANCE.— 22 (A) ELIGIBILITY 23 ERAGE.—Paragraph 24 respect to— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REIMBURSEMENT.—For 12:13 May 12, 2020 Jkt 000000 FOR ADDITIONAL COV- (1)(A) shall not apply with (763351 3) PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 408 1 (i) any assistance eligible individual 2 described in paragraph (3)(A) for months 3 of coverage beginning on or after the ear- 4 lier of— 5 (I) the first date that such indi- 6 vidual is eligible for coverage under 7 any other group health plan (other 8 than coverage consisting of only den- 9 tal, vision, counseling, or referral serv- 10 ices (or a combination thereof), cov- 11 erage under a flexible spending ar- 12 rangement (as defined in section 13 106(c)(2) of the Internal Revenue 14 Code of 1986), coverage of treatment 15 that is furnished in an on-site medical 16 facility maintained by the employer 17 and that consists primarily of first-aid 18 services, prevention and wellness care, 19 or similar care (or a combination 20 thereof)), or eligible for benefits under 21 the Medicare program under title 22 XVIII of the Social Security Act; or 23 (II) the earliest of— 24 (aa) the date following the 25 expiration of the maximum pe- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00408 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 409 1 riod of continuation coverage re- 2 quired 3 COBRA 4 provision; or the continuation applicable coverage 5 (bb) the date following the 6 expiration of the period of con- 7 tinuation coverage allowed under 8 paragraph (4)(B)(ii); or 9 (ii) any assistance eligible individual 10 described in paragraph (3)(B) for months 11 of coverage beginning on or after the ear- 12 lier of— 13 (I) the first date that such indi- 14 vidual is eligible for coverage under 15 any other group health plan (other 16 than coverage consisting of only den- 17 tal, vision, counseling, or referral serv- 18 ices (or a combination thereof), cov- 19 erage under a flexible spending ar- 20 rangement (as defined in section 21 106(c)(2) of the Internal Revenue 22 Code of 1986), coverage of treatment 23 that is furnished in an on-site medical 24 facility maintained by the employer 25 and that consists primarily of first-aid g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 under 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00409 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 410 1 services, prevention and wellness care, 2 or similar care (or a combination 3 thereof)), or eligible for benefits under 4 the Medicare program under title 5 XVIII of the Social Security Act; or 6 (II) the first date that such indi- 7 vidual is no longer in the furlough pe- 8 riod. 9 (B) NOTIFICATION 10 assistance eligible individual shall notify the 11 group health plan with respect to which para- 12 graph (1)(A) applies if such paragraph ceases 13 to apply by reason of clause (i)(I) or (ii)(I) of 14 subparagraph (A) (as applicable). Such notice 15 shall be provided to the group health plan in 16 such time and manner as may be specified by 17 the Secretary of Labor. 18 (C) SPECIAL ENROLLMENT PERIOD FOL- 19 LOWING 20 ANCE.—Notwithstanding 21 Patient Protection and Affordable Care Act (42 22 U.S.C. 18031), the expiration of premium as- 23 sistance pursuant to a limitation specified 24 under subparagraph (A) shall be treated as a 25 qualifying event for which any assistance eligi- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REQUIREMENT.—Any 12:13 May 12, 2020 Jkt 000000 EXPIRATION OF PREMIUM ASSIST- section 1311 of the (763351 3) PO 00000 Frm 00410 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 411 1 ble individual is eligible to enroll in a qualified 2 health plan offered through an Exchange under 3 title I of such Act (42 U.S.C. 18001 et seq.) 4 during a special enrollment period. 5 (3) ASSISTANCE 6 purposes of this section, the term ‘‘assistance eligible 7 individual’’ means, with respect to a period of cov- 8 erage during the period beginning on March 1, 9 2020, and ending on January 31, 2021— 10 (A) any individual that is a qualified bene- 11 ficiary that— 12 (i) is eligible for COBRA continuation 13 coverage by reason of a qualifying event 14 specified in section 603(2) of the Employee 15 Retirement Income Security Act of 1974, 16 section 4980B(f)(3)(B) of the Internal 17 Revenue Code of 1986, section 2203(2) of 18 the Public Health Service Act, or section 19 8905a of title 5, United States Code (ex- 20 cept for the voluntary termination of such 21 individual’s employment by such indi- 22 vidual); and 23 (ii) elects such coverage; or 24 (B) any covered employee that is in a fur- 25 lough period that remains eligible for coverage g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ELIGIBLE INDIVIDUAL.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00411 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 412 1 under a group health plan offered by the em- 2 ployer of such covered employee. 3 (4) EXTENSION 4 FECT ON COVERAGE.— 5 (A) IN GENERAL.—For purposes of apply- 6 ing section 605(a) of the Employee Retirement 7 Income 8 4980B(f)(5)(A) of the Internal Revenue Code 9 of 1986, section 2205(a) of the Public Health 10 Service Act, and section 8905a(c)(2) of title 5, 11 United States Code, in the case of— Security Act of 1974, section 12 (i) an individual who does not have an 13 election of COBRA continuation coverage 14 in effect on the date of the enactment of 15 this Act but who would be an assistance el- 16 igible individual described in paragraph 17 (3)(A) if such election were so in effect; or 18 (ii) an individual who elected COBRA 19 continuation coverage on or after March 1, 20 2020, and discontinued from such coverage 21 before the date of the enactment of this 22 Act, 23 such individual may elect the COBRA continu- 24 ation coverage under the COBRA continuation 25 coverage provisions containing such provisions g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF ELECTION PERIOD AND EF- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00412 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 413 1 during the period beginning on the date of the 2 enactment of this Act and ending 60 days after 3 the date on which the notification required 4 under paragraph (7)(C) is provided to such in- 5 dividual. 6 (B) COMMENCEMENT 7 ATION COVERAGE.—Any 8 coverage elected by a qualified beneficiary dur- 9 ing an extended election period under subpara- 10 COBRA continuation graph (A)— 11 (i) shall apply as if such qualified ben- 12 eficiary had been covered as of the date of 13 a qualifying event specified in section 14 603(2) of the Employee Retirement In- 15 come 16 4980B(f)(3)(B) of the Internal Revenue 17 Code of 1986, section 2203(2) of the Pub- 18 lic Health Service Act, or section 8905a of 19 title 5, United States Code, except for the 20 voluntary termination of such beneficiary’s 21 employment by such beneficiary, that oc- 22 curs no earlier than March 1, 2020 (in- 23 cluding the treatment of premium pay- 24 ments under paragraph (1)(A) and any g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF COBRA CONTINU- 12:13 May 12, 2020 Jkt 000000 Security Act of 1974, section (763351 3) PO 00000 Frm 00413 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 414 1 cost-sharing requirements for items and 2 services under a group health plan); and 3 (ii) shall not extend beyond the period 4 of COBRA continuation coverage that 5 would have been required under the appli- 6 cable COBRA continuation coverage provi- 7 sion if the coverage had been elected as re- 8 quired under such provision. 9 (5) EXPEDITED 10 MIUM ASSISTANCE.—In 11 vidual requests treatment as an assistance eligible 12 individual described in subparagraph (A) or (B) of 13 paragraph (3) and is denied such treatment by the 14 group health plan, the Secretary of Labor (or the 15 Secretary of Health and Human Services in connec- 16 tion with COBRA continuation coverage which is 17 provided other than pursuant to part 6 of subtitle B 18 of title I of the Employee Retirement Income Secu- 19 rity Act of 1974), in consultation with the Secretary 20 of the Treasury, shall provide for expedited review of 21 such denial. An individual shall be entitled to such 22 review upon application to such Secretary in such 23 form and manner as shall be provided by such Sec- 24 retary, in consultation with the Secretary of Treas- 25 ury. Such Secretary shall make a determination re- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REVIEW OF DENIALS OF PRE- 12:13 May 12, 2020 Jkt 000000 any case in which an indi- (763351 3) PO 00000 Frm 00414 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 415 1 garding such individual’s eligibility within 15 busi- 2 ness days after receipt of such individual’s applica- 3 tion for review under this paragraph. Either Sec- 4 retary’s determination upon review of the denial 5 shall be de novo and shall be the final determination 6 of such Secretary. A reviewing court shall grant def- 7 erence to such Secretary’s determination. The provi- 8 sions of this paragraph, paragraphs (1) through (4), 9 and paragraphs (7) through (9) shall be treated as 10 provisions of title I of the Employee Retirement In- 11 come Security Act of 1974 for purposes of part 5 of 12 subtitle B of such title. 13 OF SUBSIDIES FOR PURPOSES FEDERAL STATE 14 OF 15 standing any other provision of law, any premium 16 assistance with respect to an assistance eligible indi- 17 vidual under this subsection shall not be considered 18 income, in-kind support, or resources for purposes of 19 determining the eligibility of the recipient (or the re- 20 cipient’s spouse or family) for benefits or assistance, 21 or the amount or extent of benefits or assistance, or 22 any other benefit provided under any Federal pro- 23 gram or any program of a State or political subdivi- 24 sion thereof financed in whole or in part with Fed- 25 eral funds. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 (6) DISREGARD 12:13 May 12, 2020 Jkt 000000 AND PROGRAMS.—Notwith- (763351 3) PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 416 1 (7) COBRA-SPECIFIC 2 (A) GENERAL 3 (i) IN NOTICE.— GENERAL.—In the case of no- 4 tices provided under section 606(a)(4) of 5 the Employee Retirement Income Security 6 Act of 1974 (29 U.S.C. 1166(4)), section 7 4980B(f)(6)(D) of the Internal Revenue 8 Code of 1986, section 2206(4) of the Pub- 9 lic Health Service Act (42 U.S.C. 300bb– 10 6(4)), or section 8905a(f)(2)(A) of title 5, 11 United States Code, with respect to indi- 12 viduals who, during the period described in 13 paragraph (3), become entitled to elect 14 COBRA continuation coverage, the re- 15 quirements of such provisions shall not be 16 treated as met unless such notices include 17 an additional notification to the recipient a 18 written notice in clear and understandable 19 language of— 20 (I) the availability of premium 21 assistance with respect to such cov- 22 erage under this subsection; and 23 (II) the option to enroll in dif- 24 ferent coverage if the employer per- 25 mits assistance eligible individuals de- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 NOTICE.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 417 1 scribed in paragraph (3)(A) to elect 2 enrollment in different coverage (as 3 described in paragraph (1)(B)). 4 (ii) ALTERNATIVE the 5 case of COBRA continuation coverage to 6 which the notice provision under such sec- 7 tions does not apply, the Secretary of 8 Labor, in consultation with the Secretary 9 of the Treasury and the Secretary of 10 Health and Human Services, shall, in con- 11 sultation with administrators of the group 12 health plans (or other entities) that provide 13 or administer the COBRA continuation 14 coverage involved, provide rules requiring 15 the provision of such notice. 16 (iii) FORM.—The requirement of the 17 additional notification under this subpara- 18 graph may be met by amendment of exist- 19 ing notice forms or by inclusion of a sepa- 20 rate document with the notice otherwise 21 required. 22 (B) SPECIFIC REQUIREMENTS.—Each ad- 23 ditional notification under subparagraph (A) 24 shall include— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 NOTICE.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00417 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 418 1 (i) the forms necessary for estab- 2 lishing eligibility for premium assistance 3 under this subsection; 4 (ii) the name, address, and telephone 5 number necessary to contact the plan ad- 6 ministrator and any other person main- 7 taining relevant information in connection 8 with such premium assistance; 9 (iii) a description of the extended elec- 10 tion period provided for in paragraph 11 (4)(A); 12 (iv) a description of the obligation of 13 the qualified beneficiary under paragraph 14 (2)(B) and the penalty provided under sec- 15 tion 6720C of the Internal Revenue Code 16 of 1986 for failure to carry out the obliga- 17 tion; 18 (v) a description, displayed in a 19 prominent manner, of the qualified bene- 20 ficiary’s right to a reduced premium and 21 any conditions on entitlement to the re- 22 duced premium; 23 (vi) a description of the option of the 24 qualified beneficiary to enroll in different 25 coverage if the employer permits such ben- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 419 1 eficiary to elect to enroll in such different 2 coverage under paragraph (1)(B); and 3 (vii) information regarding any Ex- 4 change established under title I of the Pa- 5 tient Protection and Affordable Care Act 6 (42 U.S.C. 18001 et seq.) through which a 7 qualified beneficiary may be eligible to en- 8 roll in a qualified health plan, including— 9 (I) the publicly accessible inter- 10 net website address for such Ex- 11 change; 12 (II) the publicly accessible inter- 13 net website address for the Find 14 Local Help directory maintained by 15 the 16 Human Services on the healthcare.gov 17 internet 18 website); 19 website of (or Health a and successor (III) a clear explanation that— 20 (aa) an individual who is eli- 21 gible for continuation coverage 22 may also be eligible to enroll, 23 with financial assistance, in a 24 qualified 25 through such Exchange, but, in g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 Department 12:13 May 12, 2020 Jkt 000000 health plan offered (763351 3) PO 00000 Frm 00419 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 420 1 the case that such individual 2 elects to enroll in such continu- 3 ation coverage and subsequently 4 elects to terminate such continu- 5 ation coverage before the period 6 of such continuation coverage ex- 7 pires, such termination does not 8 initiate a special enrollment pe- 9 riod (absent a qualifying event 10 specified in section 603(2) of the 11 Employee Retirement Income Se- 12 curity 13 4980B(f)(3)(B) of the Internal 14 Revenue Code of 1986, section 15 2203(2) of the Public Health 16 Service Act, or section 8905a of 17 title 5, United States Code, with 18 respect to such individual); and of 1974, section 19 (bb) an individual who elects 20 to enroll in continuation coverage 21 will remain eligible to enroll in a 22 qualified 23 through such Exchange during 24 an open enrollment period and 25 may be eligible for financial as- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 Act 12:13 May 12, 2020 Jkt 000000 health plan offered (763351 3) PO 00000 Frm 00420 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 421 1 sistance with respect to enrolling 2 in such a qualified health plan; 3 (IV) information on consumer 4 protections with respect to enrolling in 5 a 6 through such Exchange, including the 7 requirement 8 health plan to provide coverage for es- 9 sential health benefits (as defined in 10 section 1302(b) of such Act (42 11 U.S.C. 18022(b))) and the require- 12 ments applicable to such a qualified 13 health plan under part A of title 14 XXVII of the Public Health Service 15 Act (42 U.S.C. 300gg et seq.); health for such plan a offered qualified 16 (V) information on the avail- 17 ability of financial assistance with re- 18 spect to enrolling in a qualified health 19 plan, including the maximum income 20 limit for eligibility for the premium 21 tax credit under section 36B of the 22 Internal Revenue Code of 1986; and 23 (VI) information on any special 24 enrollment periods during which any 25 assistance eligible individual described g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 qualified 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00421 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 422 1 in paragraph (3)(A)(i) may be eligible 2 to enroll, with financial assistance, in 3 a 4 through such Exchange (including a 5 special enrollment period for which an 6 individual may be eligible due to the 7 expiration of premium assistance pur- 8 suant to a limitation specified under 9 paragraph (2)(A)). 10 (C) NOTICE health plan offered IN CONNECTION WITH EX- 11 TENDED ELECTION PERIODS.—In 12 any assistance eligible individual described in 13 paragraph (3)(A) (or any individual described 14 in paragraph (4)(A)) who became entitled to 15 elect COBRA continuation coverage before the 16 date of the enactment of this Act, the adminis- 17 trator of the applicable group health plan (or 18 other entity) shall provide (within 60 days after 19 the date of enactment of this Act) for the addi- 20 tional notification required to be provided under 21 subparagraph (A) and failure to provide such 22 notice shall be treated as a failure to meet the 23 notice 24 COBRA continuation provision. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 qualified 12:13 May 12, 2020 Jkt 000000 requirements under the the case of applicable (763351 3) PO 00000 Frm 00422 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 423 1 (D) MODEL later than 30 2 days after the date of enactment of this Act, 3 with respect to any assistance eligible individual 4 described in paragraph (3)(A)— 5 (i) the Secretary of Labor, in con- 6 sultation with the Secretary of the Treas- 7 ury and the Secretary of Health and 8 Human Services, shall prescribe models for 9 the additional notification required under 10 this paragraph (other than the additional 11 notification described in clause (ii)); and 12 (ii) in the case of any additional noti- 13 fication provided pursuant to subpara- 14 graph (A) under section 8905a(f)(2)(A) of 15 title 5, United States Code, the Office of 16 Personnel Management shall prescribe a 17 model for such additional notification. 18 (8) FURLOUGH-SPECIFIC 19 (A) IN NOTICE.— GENERAL.—With respect to any as- 20 sistance eligible individual described in para- 21 graph (3)(B) who, during the period described 22 in such paragraph, becomes eligible for assist- 23 ance pursuant to paragraph (1)(A)(ii), the re- 24 quirements of section 606(a)(4) of the Em- 25 ployee Retirement Income Security Act of 1974 g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 NOTICES.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00423 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 424 1 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) of 2 the Internal Revenue Code of 1986, section 3 2206(4) of the Public Health Service Act (42 4 U.S.C. 300bb–6(4)), or section 8905a(f)(2)(A) 5 of title 5, United States Code, shall not be 6 treated as met unless the group health plan ad- 7 ministrator, in accordance with the timing re- 8 quirement specified under subparagraph (B), 9 provides to the individual a written notice in 10 clear and understandable language of— 11 (i) the availability of premium assist- 12 ance with respect to such coverage under 13 this subsection; 14 (ii) the option of the qualified bene- 15 ficiary to enroll in different coverage if the 16 employer permits such beneficiary to elect 17 to enroll in such different coverage under 18 paragraph (1)(B); and 19 (iii) the information specified under 20 paragraph (7)(B) (as applicable). 21 (B) TIMING purposes of 22 subparagraph (A), the timing requirement spec- 23 ified in this subparagraph is— 24 (i) with respect to such an individual 25 who is within a furlough period during the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 SPECIFIED.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00424 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 425 1 period beginning on March 1, 2020, and 2 ending on the date of the enactment of this 3 Act, 30 days after the date of such enact- 4 ment; and 5 (ii) with respect to such an individual 6 who is within a furlough period during the 7 period beginning on the first day after the 8 date of the enactment of this Act and end- 9 ing on January 31, 2021, 30 days after 10 the date of the beginning of such furlough 11 period. 12 (C) MODEL later than 30 13 days after the date of enactment of this Act, 14 with respect to any assistance eligible individual 15 described in paragraph (3)(B)— 16 (i) the Secretary of Labor, in con- 17 sultation with the Secretary of the Treas- 18 ury and the Secretary of Health and 19 Human Services, shall prescribe models for 20 the notification required under this para- 21 graph (other than the notification de- 22 scribed in clause (ii)); and 23 (ii) in the case of any notification pro- 24 vided pursuant to subparagraph (A) under 25 section 8905a(f)(2)(A) of title 5, United g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 NOTICES.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00425 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 426 1 States Code, the Office of Personnel Man- 2 agement shall prescribe a model for such 3 notification. 4 (9) NOTICE 5 PREMIUM ASSISTANCE.— 6 (A) IN GENERAL.—With respect to any as- 7 sistance eligible individual, subject to subpara- 8 graph 9 606(a)(4) of the Employee Retirement Income 10 Security Act of 1974 (29 U.S.C. 1166(4)), sec- 11 tion 4980B(f)(6)(D) of the Internal Revenue 12 Code of 1986, section 2206(4) of the Public 13 Health Service Act (42 U.S.C. 300bb–6(4)), or 14 section 8905a(f)(2)(A) of title 5, United States 15 Code, shall not be treated as met unless the 16 employer of the individual, during the period 17 specified under subparagraph (C), provides to 18 such individual a written notice in clear and un- 19 derstandable language— (B), the requirements of section 20 (i) that the premium assistance for 21 such individual will expire soon and the 22 prominent identification of the date of 23 such expiration; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF EXPIRATION OF PERIOD OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00426 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 427 1 (ii) that such individual may be eligi- 2 ble for coverage without any premium as- 3 sistance through— 4 (I) COBRA continuation cov- 5 erage; or 6 (II) coverage under a group 7 health plan; 8 (iii) that the expiration of premium 9 assistance is treated as a qualifying event 10 for which any assistance eligible individual 11 is eligible to enroll in a qualified health 12 plan offered through an Exchange under 13 title I of such Act (42 U.S.C. 18001 et 14 seq.) during a special enrollment period; 15 and 16 (iv) the information specified in para- 17 graph (7)(B)(vii). 18 (B) EXCEPTION.—The requirement for the 19 group health plan administrator to provide the 20 written notice under subparagraph (A) shall be 21 waived in the case the premium assistance for 22 such individual expires pursuant to clause (i)(I) 23 or (ii)(I) of paragraph (2)(A). 24 (C) PERIOD 25 12:13 May 12, 2020 purposes of subparagraph (A), the period specified in this g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 SPECIFIED.—For Jkt 000000 (763351 3) PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 428 1 subparagraph is, with respect to the date of ex- 2 piration of premium assistance for any assist- 3 ance eligible individual pursuant to a limitation 4 requiring a notice under this paragraph, the pe- 5 riod beginning on the day that is 45 days before 6 the date of such expiration and ending on the 7 day that is 15 days before the date of such ex- 8 piration. 9 (D) MODEL later than 30 10 days after the date of enactment of this Act, 11 with respect to any assistance eligible indi- 12 vidual— 13 (i) the Secretary of Labor, in con- 14 sultation with the Secretary of the Treas- 15 ury and the Secretary of Health and 16 Human Services, shall prescribe models for 17 the notification required under this para- 18 graph (other than the notification de- 19 scribed in clause (ii)); and 20 (ii) in the case of any notification pro- 21 vided pursuant to subparagraph (A) under 22 section 8905a(f)(2)(A) of title 5, United 23 States Code, the Office of Personnel Man- 24 agement shall prescribe a model for such 25 notification. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 NOTICES.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00428 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 429 1 (10) REGULATIONS.—The Secretary of the 2 Treasury and the Secretary of Labor may jointly 3 prescribe such regulations or other guidance as may 4 be necessary or appropriate to carry out the provi- 5 sions of this subsection, including the prevention of 6 fraud and abuse under this subsection, except that 7 the Secretary of Labor and the Secretary of Health 8 and Human Services may prescribe such regulations 9 (including interim final regulations) or other guid- 10 ance as may be necessary or appropriate to carry 11 out the provisions of paragraphs (5), (7), (8), (9), 12 and (11). 13 (11) OUTREACH.— 14 (A) GENERAL.—The Secretary of 15 Labor, in consultation with the Secretary of the 16 Treasury and the Secretary of Health and 17 Human Services, shall provide outreach con- 18 sisting of public education and enrollment as- 19 sistance relating to premium assistance pro- 20 vided under this subsection. Such outreach shall 21 target employers, group health plan administra- 22 tors, public assistance programs, States, insur- 23 ers, and other entities as determined appro- 24 priate by such Secretaries. Such outreach shall 25 include an initial focus on those individuals g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 IN 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 430 1 electing continuation coverage who are referred 2 to in paragraph (7)(C). Information on such 3 premium assistance, including enrollment, shall 4 also be made available on websites of the De- 5 partments of Labor, Treasury, and Health and 6 Human Services. 7 (B) ENROLLMENT MEDICARE.— 8 The Secretary of Health and Human Services 9 shall provide outreach consisting of public edu- 10 cation. Such outreach shall target individuals 11 who lose health insurance coverage. Such out- 12 reach shall include information regarding en- 13 rollment for benefits under title XVIII of the 14 Social Security Act (42 U.S.C. 1395 et seq.) for 15 purposes of preventing mistaken delays of such 16 enrollment by such individuals, including life- 17 time penalties for failure of timely enrollment. 18 (12) DEFINITIONS.—For purposes of this sec- 19 tion: 20 (A) ADMINISTRATOR.—The term ‘‘admin- 21 istrator’’ has the meaning given such term in 22 section 3(16)(A) of the Employee Retirement 23 Income Security Act of 1974. 24 (B) COBRA 25 12:13 May 12, 2020 CONTINUATION COVERAGE.— The term ‘‘COBRA continuation coverage’’ g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 UNDER Jkt 000000 (763351 3) PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 431 1 means continuation coverage provided pursuant 2 to part 6 of subtitle B of title I of the Em- 3 ployee Retirement Income Security Act of 1974 4 (other than under section 609), title XXII of 5 the Public Health Service Act, section 4980B of 6 the Internal Revenue Code of 1986 (other than 7 subsection (f)(1) of such section insofar as it 8 relates to pediatric vaccines), or section 8905a 9 of title 5, United States Code, or under a State 10 program that provides comparable continuation 11 coverage. Such term does not include coverage 12 under a health flexible spending arrangement 13 under a cafeteria plan within the meaning of 14 section 125 of the Internal Revenue Code of 15 1986. 16 (C) COBRA 17 The term ‘‘COBRA continuation provision’’ 18 means the provisions of law described in sub- 19 paragraph (B). 20 (D) COVERED EMPLOYEE.—The term 21 ‘‘covered employee’’ has the meaning given such 22 term in section 607(2) of the Employee Retire- 23 ment Income Security Act of 1974. 24 (E) QUALIFIED 25 12:13 May 12, 2020 BENEFICIARY.—The term ‘‘qualified beneficiary’’ has the meaning given g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CONTINUATION PROVISION.— Jkt 000000 (763351 3) PO 00000 Frm 00431 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 432 1 such term in section 607(3) of the Employee 2 Retirement Income Security Act of 1974. 3 (F) GROUP PLAN.—The term 4 ‘‘group health plan’’ has the meaning given 5 such term in section 607(1) of the Employee 6 Retirement Income Security Act of 1974. 7 (G) STATE.—The term ‘‘State’’ includes 8 the District of Columbia, the Commonwealth of 9 Puerto Rico, the Virgin Islands, Guam, Amer- 10 ican Samoa, and the Commonwealth of the 11 Northern Mariana Islands. 12 (H) PERIOD OF COVERAGE.—Any ref- 13 erence in this subsection to a period of coverage 14 shall be treated as a reference to a monthly or 15 shorter period of coverage with respect to which 16 premiums are charged with respect to such cov- 17 erage. 18 (I) PLAN SPONSOR.—The term ‘‘plan 19 sponsor’’ has the meaning given such term in 20 section 3(16)(B) of the Employee Retirement 21 Income Security Act of 1974. 22 (J) FURLOUGH 23 (i) IN 24 12:13 May 12, 2020 PERIOD.— GENERAL.—The term ‘‘furlough period’’ means, with respect to an indi- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 HEALTH Jkt 000000 (763351 3) PO 00000 Frm 00432 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 433 1 vidual and an employer of such individual, 2 a period— 3 (I) with the first 4 month beginning on or after March 1, 5 2020 and before January 31, 2021, 6 during which such individual’s em- 7 ployer reduces such individual’s work 8 hours (due to a lack of work, funds, 9 or other nondisciplinary reason) to an 10 amount that is less than 70 percent of 11 the base month amount; and 12 (II) ending with the earlier of— 13 (aa) the first month begin- 14 ning after January 31, 2021; or 15 (bb) the month following the 16 first month during which work 17 hours of such employee are great- 18 er than 80 percent of work hours 19 of the base month amount. 20 (ii) BASE MONTH AMOUNT.—For pur- 21 poses of clause (i), the term ‘‘base month 22 amount’’ means, with respect to an indi- 23 vidual and an employer of such individual, 24 the greater of— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 beginning 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00433 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 434 1 (I) such individual’s work hours 2 in the month prior (or in the case 3 such individual had no work hours in 4 the month prior and had work hours 5 in the 3 months prior, the last month 6 with work hours within the prior 3 7 months); and 8 (II) such individual’s work hours 9 during the period beginning January 10 1, 2020 and ending January 31, 11 2020. 12 (13) REPORTS.— 13 (A) INTERIM Secretary of 14 the Treasury and the Secretary of Labor shall 15 jointly submit an interim report to the Com- 16 mittee on Education and Labor, the Committee 17 on Ways and Means, and the Committee on En- 18 ergy and Commerce of the House of Represent- 19 atives and the Committee on Health, Edu- 20 cation, Labor, and Pensions and the Committee 21 on Finance of the Senate regarding the pre- 22 mium assistance provided under this subsection 23 that includes— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REPORT.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 435 1 (i) the number of individuals provided 2 such assistance as of the date of the re- 3 port; and 4 (ii) the total amount of expenditures 5 incurred (with administrative expenditures 6 noted separately) in connection with such 7 assistance as of the date of the report. 8 (B) FINAL soon as prac- 9 ticable after the last period of COBRA continu- 10 ation coverage for which premium assistance is 11 provided under this section, the Secretary of the 12 Treasury and the Secretary of Labor shall 13 jointly submit a final report to each Committee 14 referred to in subparagraph (A) that includes— 15 (i) the number of individuals provided 16 premium assistance under this section; 17 (ii) the average dollar amount 18 (monthly and annually) of premium assist- 19 ance provided to such individuals; and 20 (iii) the total amount of expenditures 21 incurred (with administrative expenditures 22 noted separately) in connection with pre- 23 mium assistance under this section. 24 (14) COBRA g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REPORT.—As 12:13 May 12, 2020 Jkt 000000 PREMIUM ASSISTANCE.— (763351 3) PO 00000 Frm 00435 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 436 1 GENERAL.—Subchapter (A) IN B of chap- 2 ter 65 of the Internal Revenue Code of 1986 is 3 amended by adding at the end the following 4 new section: 5 ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSIST- 6 7 ANCE. ‘‘(a) IN GENERAL.—The person to whom premiums 8 are payable for continuation coverage under section 9 30312(a)(1) of the Worker Health Coverage Protection 10 Act shall be allowed as a credit against the tax imposed 11 by section 3111(a), or so much of the taxes imposed under 12 section 3221(a) as are attributable to the rate in effect 13 under section 3111(a), for each calendar quarter an 14 amount equal to the premiums not paid by assistance eligi15 ble individuals for such coverage by reason of such section 16 30312(a)(1) with respect to such calendar quarter. 17 ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAYABLE.— 18 For purposes of subsection (a), except as otherwise pro19 vided by the Secretary, the person to whom premiums are 20 payable under such continuation coverage shall be treated 21 as being— 22 ‘‘(1) in the case of any group health plan which 23 is a multiemployer plan (as defined in section 3(37) 24 of the Employee Retirement Income Security Act of 25 1974), the plan, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00436 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 437 1 2 ‘‘(2) in the case of any group health plan not described in paragraph (1)— 3 ‘‘(A) which provides furlough continuation 4 coverage described in section 30312(a)(1)(A)(ii) 5 of the Worker Health Coverage Protection Act 6 or subject to the COBRA continuation provi- 7 sions contained in— 8 ‘‘(i) this title, 9 ‘‘(ii) the Employee Retirement Income 10 Security Act of 1974, 11 ‘‘(iii) the Public Health Service Act, 12 or 13 ‘‘(iv) title 5, United States Code, or 14 ‘‘(B) under which some or all of the cov- 15 erage is not provided by insurance, 16 the employer maintaining the plan, and 17 ‘‘(3) in the case of any group health plan not 18 described in paragraph (1) or (2), the insurer pro- 19 viding the coverage under the group health plan. 20 ‘‘(c) LIMITATIONS AND REFUNDABILITY.— 21 ‘‘(1) CREDIT 22 MENT TAXES.—The 23 with respect to any calendar quarter shall not exceed 24 the tax imposed by section 3111(a), or so much of 25 the taxes imposed under section 3221(a) as are at- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 LIMITED TO CERTAIN EMPLOY- 12:13 May 12, 2020 Jkt 000000 credit allowed by subsection (a) (763351 3) PO 00000 Frm 00437 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 438 1 tributable to the rate in effect under section 2 3111(a), for such calendar quarter (reduced by any 3 credits allowed under subsections (e) and (f) of sec- 4 tion 3111, sections 7001 and 7003 of the Families 5 First Coronavirus Response Act, section 2301 of the 6 CARES Act, and sections 20204 and 20212 of the 7 COVID–19 Tax Relief Act of 2020 for such quarter) 8 on the wages paid with respect to the employment 9 of all employees of the employer. 10 ‘‘(2) REFUNDABILITY 11 ‘‘(A) CREDIT IS REFUNDABLE.—If the 12 amount of the credit under subsection (a) ex- 13 ceeds the limitation of paragraph (1) for any 14 calendar quarter, such excess shall be treated 15 as an overpayment that shall be refunded under 16 sections 6402(a) and 6413(b). 17 ‘‘(B) CREDIT MAY BE ADVANCED.—In an- 18 ticipation of the credit, including the refundable 19 portion under subparagraph (A), the credit may 20 be advanced, according to forms and instruc- 21 tions provided by the Secretary, up to an 22 amount calculated under subsection (a) through 23 the end of the most recent payroll period in the 24 quarter. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF EXCESS CREDIT.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00438 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 439 1 ‘‘(C) OF DEPOSITS.—The 2 Secretary shall waive any penalty under section 3 6656 for any failure to make a deposit of the 4 tax imposed by section 3111(a), or so much of 5 the taxes imposed under section 3221(a) as are 6 attributable to the rate in effect under section 7 3111(a), if the Secretary determines that such 8 failure was due to the anticipation of the credit 9 allowed under this section. 10 ‘‘(D) TREATMENT OF PAYMENTS.—For 11 purposes of section 1324 of title 31, United 12 States Code, any amounts due to an employer 13 under this paragraph shall be treated in the 14 same manner as a refund due from a credit 15 provision referred to in subsection (b)(2) of 16 such section. 17 ‘‘(3) LIMITATION ON REIMBURSEMENT FOR 18 FURLOUGHED EMPLOYEES.—In 19 vidual who for any month is an assistance eligible 20 individual described in section 30312(a)(3)(B) of the 21 Worker Health Coverage Protection Act with respect 22 to any coverage, the credit determined with respect 23 to such individual under subsection (a) for any such 24 month ending during a calendar quarter shall not 25 exceed the amount of premium the individual would g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TREATMENT 12:13 May 12, 2020 Jkt 000000 the case of an indi- (763351 3) PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 440 1 have paid for a full month of such coverage for the 2 month preceding the first month for which an indi- 3 vidual is such an assistance eligible individual. 4 ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes of 5 this section, the term ‘person’ includes any governmental 6 entity or Indian tribal government (as defined in section 7 139E(c)(1)). 8 ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For purposes 9 of chapter 1, the gross income of any person allowed a 10 credit under this section shall be increased for the taxable 11 year which includes the last day of any calendar quarter 12 with respect to which such credit is allowed by the amount 13 of such credit. No amount for which a credit is allowed 14 under this section shall be taken into account as qualified 15 wages under section 2301 of the CARES Act or as quali16 fied health plan expenses under section 7001(d) or 17 7003(d) of the Families First Coronavirus Response Act. 18 ‘‘(f) REPORTING.—Each person entitled to reim- 19 bursement under subsection (a) for any period shall sub20 mit such reports (at such time and in such manner) as 21 the Secretary may require, including— 22 ‘‘(1) an attestation of involuntary termination 23 of employment, reduction of hours, or furloughing, 24 for each assistance eligible individual on the basis of 25 whose termination, reduction of hours, or fur- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00440 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 441 1 loughing entitlement to reimbursement is claimed 2 under subsection (a), 3 ‘‘(2) a report of the amount of payroll taxes off- 4 set under subsection (a) for the reporting period, 5 and 6 ‘‘(3) a report containing the TINs of all covered 7 employees, the amount of subsidy reimbursed with 8 respect to each employee, and a designation with re- 9 spect to each employee as to whether the subsidy re- 10 imbursement is for coverage of 1 individual or 2 or 11 more individuals. 12 ‘‘(g) REGULATIONS.—The Secretary shall issue such 13 regulations or other guidance as may be necessary or ap14 propriate to carry out this section, including— 15 ‘‘(1) the requirement to report information or 16 the establishment of other methods for verifying the 17 correct amounts of reimbursements under this sec- 18 tion, 19 ‘‘(2) the application of this section to group 20 health plans that are multiemployer plans (as de- 21 fined in section 3(37) of the Employee Retirement 22 Income Security Act of 1974), 23 ‘‘(3) to allow the advance payment of the credit 24 determined under subsection (a), subject to the limi- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00441 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 442 1 tations provided in this section, based on such infor- 2 mation as the Secretary shall require, 3 ‘‘(4) to provide for the reconciliation of such 4 advance payment with the amount of the credit at 5 the time of filing the return of tax for the applicable 6 quarter or taxable year, and 7 ‘‘(5) with respect to the application of the cred- 8 it to third party payors (including professional em- 9 ployer organizations, certified professional employer 10 organizations, or agents under section 3504).’’. 11 (B) SOCIAL 12 HARMLESS.—There 13 the Federal Old-Age and Survivors Insurance 14 Trust Fund and the Federal Disability Insur- 15 ance Trust Fund established under section 201 16 of the Social Security Act (42 U.S.C. 401) and 17 the Social Security Equivalent Benefit Account 18 established under section 15A(a) of the Rail- 19 road Retirement Act of 1974 (45 U.S.C. 231n– 20 1(a)) amounts equal to the reduction in reve- 21 nues to the Treasury by reason of this section 22 (without 23 Amounts appropriated by the preceding sen- 24 tence shall be transferred from the general fund 25 at such times and in such manner as to rep- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 SECURITY TRUST FUNDS HELD 12:13 May 12, 2020 Jkt 000000 regard are hereby appropriated to to this subparagraph). (763351 3) PO 00000 Frm 00442 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 443 1 licate to the extent possible the transfers which 2 would have occurred to such Trust Fund or Ac- 3 count had this section not been enacted. 4 (C) CLERICAL AMENDMENT.—The table of 5 sections for subchapter B of chapter 65 of the 6 Internal Revenue Code of 1986 is amended by 7 adding at the end the following new item: ‘‘Sec. 6432. Continuation coverage premium assistance.’’. 8 (D) EFFECTIVE 9 amendments made by this paragraph shall apply to pre- 10 miums to which subsection (a)(1)(A) applies. 11 (E) SPECIAL RULE IN CASE OF EMPLOYEE 12 PAYMENT THAT IS NOT REQUIRED UNDER THIS 13 SECTION.— 14 (i) IN GENERAL.—In the case of an 15 assistance eligible individual who pays, 16 with respect any period of coverage to 17 which subsection (a)(1)(A) applies, the 18 amount of the premium for such coverage 19 that the individual would have (but for this 20 Act) been required to pay, the person to 21 whom such payment is payable shall reim- 22 burse such individual for the amount of 23 such premium paid. 24 (ii) CREDIT 25 12:13 May 12, 2020 OF REIMBURSEMENT.—A person to which clause (i) applies shall be g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DATE.—The Jkt 000000 (763351 3) PO 00000 Frm 00443 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 444 1 allowed a credit in the manner provided 2 under section 6432 of the Internal Rev- 3 enue Code of 1986 for any payment made 4 to the employee under such clause. 5 (iii) PAYMENT OF CREDITS.—Any 6 person to which clause (i) applies shall 7 make the payment required under such 8 clause to the individual not later than 60 9 days after the date on which such indi- 10 vidual elects continuation coverage under 11 section 30312(a)(1) of the Worker Health 12 Coverage Protection Act. 13 (15) PENALTY FOR FAILURE TO NOTIFY 14 HEALTH PLAN OF CESSATION OF ELIGIBILITY FOR 15 PREMIUM ASSISTANCE.— 16 (A) IN GENERAL.—Part I of subchapter B 17 of chapter 68 of the Internal Revenue Code of 18 1986 is amended by adding at the end the fol- 19 lowing new section: 20 ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH 21 PLAN OF CESSATION OF ELIGIBILITY FOR 22 CONTINUATION COVERAGE PREMIUM ASSIST- 23 ANCE. 24 ‘‘(a) IN GENERAL.—Except in the case of failure de- 25 scribed in subsection (b) or (c), any person required to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00444 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 445 1 notify a group health plan under section 30312(a)(2)(B) 2 of the Worker Health Coverage Protection Act who fails 3 to make such a notification at such time and in such man4 ner as the Secretary of Labor may require shall pay a 5 penalty of $250. 6 ‘‘(b) INTENTIONAL FAILURE.—In the case of any 7 such failure that is fraudulent, such person shall pay a 8 penalty equal to the greater of— 9 ‘‘(1) $250, or 10 ‘‘(2) 110 percent of the premium assistance 11 provided under section 30312(a)(1)(A) of such Act 12 after termination of eligibility under such section. 13 ‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty 14 shall be imposed under this section with respect to any 15 failure if it is shown that such failure is due to reasonable 16 cause and not to willful neglect.’’. 17 (B) CLERICAL AMENDMENT.—The table of 18 sections of part I of subchapter B of chapter 68 19 of such Code is amended by adding at the end 20 the following new item: ‘‘Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility for continuation coverage premium assistance.’’. 21 (16) COORDINATION 22 (A) IN GENERAL.—Section 35(g)(9) of the 23 Internal Revenue Code of 1986 is amended to 24 read as follows: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 WITH HCTC.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 446 1 ‘‘(9) CONTINUATION COVERAGE PREMIUM AS- 2 SISTANCE.—In 3 dividual who receives premium assistance for con- 4 tinuation coverage under section 30312(a)(1) of the 5 Worker Health Coverage Protection Act for any 6 month during the taxable year, such individual shall 7 not be treated as an eligible individual, a certified 8 individual, or a qualifying family member for pur- 9 poses of this section or section 7527 with respect to 10 the case of an assistance eligible in- such month.’’. 11 (B) EFFECTIVE DATE.—The amendment 12 made by subparagraph (A) shall apply to tax- 13 able years ending after the date of the enact- 14 ment of this Act. 15 (17) EXCLUSION 16 OF CONTINUATION COVERAGE PREMIUM ASSISTANCE FROM GROSS INCOME.— 17 (A) IN GENERAL.—Part III of subchapter 18 B of chapter 1 of the Internal Revenue Code of 19 1986 is amended by inserting after section 20 139H the following new section: 21 ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSIST- 22 23 ANCE. ‘‘In the case of an assistance eligible individual (as 24 defined in subsection (a)(3) of section 30312 of the Work25 er Health Coverage Protection Act), gross income does not g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00446 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 447 1 include any premium assistance provided under subsection 2 (a)(1) of such section.’’. 3 (B) CLERICAL AMENDMENT.—The table of 4 sections for part III of subchapter B of chapter 5 1 of such Code is amended by inserting after 6 the item relating to section 139H the following 7 new item: ‘‘Sec. 139I. Continuation coverage premium assistance.’’. 8 (C) EFFECTIVE DATE.—The amendments 9 made by this paragraph shall apply to taxable 10 years ending after the date of the enactment of 11 this Act. 12 (18) DEADLINES WITH RESPECT TO NO- 13 TICES.—Notwithstanding 14 ployee Retirement Income Security Act of 1974 and 15 section 7508A of the Internal Revenue Code of 16 1986, the Secretary of Labor and the Secretary of 17 the Treasury, respectively, may not waive or extend 18 any deadline with respect to the provision of notices 19 described in paragraphs (7), (8), and (9). 20 (b) RULE OF section 518 of the Em- CONSTRUCTION.—In all matters of in- 21 terpretation, rules, and operational procedures, the lan22 guage of this section shall be interpreted broadly for the 23 benefit of workers and their families. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00447 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 448 1 TITLE IV—APPLICATION TO OTHER HEALTH 2 PROGRAMS 3 PROHIBITION ON COPAYMENTS AND COST SHARING FOR 4 TRICARE 5 TREATMENT 6 SEC. 30401. 7 (a) IN GENERAL.—Section 6006(a) of the Families BENEFICIARIES RECEIVING COVID–19 8 First Coronavirus Response Act (Public Law 116–127; 38 9 U.S.C. 1074 note) is amended by striking ‘‘or visits de10 scribed in paragraph (2) of such section’’ and inserting 11 ‘‘, visits described in paragraph (2) of such section, or 12 medical care to treat COVID–19’’. 13 (b) EFFECTIVE DATE.—The amendment made by 14 subsection (a) shall apply with respect to medical care fur15 nished on or after the date of the enactment of this Act. 16 PROHIBITION ON COPAYMENTS AND COST SHARING FOR 17 VETERANS RECEIVING COVID–19 TREATMENT FUR- 18 NISHED BY DEPARTMENT OF VETERANS AFFAIRS 19 SEC. 30402. 20 (a) IN GENERAL.—Section 6006(b) of the Families 21 First Coronavirus Response Act (Public Law 116–127; 38 22 U.S.C. 1701 note) is amended by striking ‘‘or visits de23 scribed in paragraph (2) of such section’’ and inserting 24 ‘‘, visits described in paragraph (2) of such section, or hos25 pital care or medical services to treat COVID–19’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00448 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 449 1 (b) EFFECTIVE DATE.—The amendment made by 2 subsection (a) shall apply with respect to hospital care and 3 medical services furnished on or after the date of the en4 actment of this Act. 5 PROHIBITION ON COPAYMENTS AND COST SHARING FOR 6 FEDERAL CIVILIAN EMPLOYEES RECEIVING COVID–19 7 TREATMENT 8 SEC. 30403. 9 (a) IN GENERAL.—Section 6006(c) of the Families 10 First Coronavirus Response Act (Public Law 116–127; 5 11 U.S.C. 8904 note) is amended by striking ‘‘or visits de12 scribed in paragraph (2) of such section’’ and inserting 13 ‘‘, visits described in paragraph (2) of such section, or hos14 pital care or medical services to treat COVID–19’’. 15 (b) EFFECTIVE DATE.—The amendment made by 16 subsection (a) shall apply with respect to hospital care and 17 medical services furnished on or after the date of the en18 actment of this Act. 19 TITLE V—PUBLIC HEALTH POLICIES 20 DEFINITIONS 21 SEC. 30501. 22 In this title: 23 (1) Except as inconsistent with the provisions 24 of this title, the term ‘‘Secretary’’ means the Sec- 25 retary of Health and Human Services. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00449 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 450 1 2 (2) The term ‘‘State’’ refers to each of the 50 States and the District of Columbia. 3 (3) The term ‘‘Tribal’’, with respect to a de- 4 partment of health (or health department), in- 5 cludes— 6 (A) Indian Tribes that— 7 (i) are operating one or more health 8 facilities pursuant to an agreement under 9 the Indian Self-Determination and Edu- 10 cation Assistance Act (25 U.S.C. 5301 et 11 seq.); or 12 (ii) receive services from a facility op- 13 erated by the Indian Health Services; and 14 (B) Tribal organizations and Urban Indian 15 organizations. 16 Subtitle A—Supply Chain Improvements 17 MEDICAL SUPPLIES RESPONSE COORDINATOR 18 SEC. 30511. 19 (a) IN GENERAL.—The President shall appoint a 20 Medical Supplies Response Coordinator to coordinate the 21 efforts of the Federal Government regarding the supply 22 and distribution of critical medical supplies and equipment 23 related to detecting, diagnosing, preventing, and treating 24 COVID–19, including personal protective equipment, med25 ical devices, drugs, and vaccines. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00450 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 451 1 (b) QUALIFICATIONS.—To qualify to be appointed as 2 the Medical Supplies Response Coordinator, an individual 3 shall be a senior government official with— 4 (1) health care training, including training re- 5 lated to infectious diseases or hazardous exposures; 6 and 7 (2) a familiarity with medical supply chain lo- 8 gistics. 9 (c) ACTIVITIES.—The Medical Supplies Response Co- 10 ordinator shall— 11 (1) consult with State, local, territorial, and 12 Tribal officials to ensure that health care facilities 13 and health care workers have sufficient personal pro- 14 tective equipment and other medical supplies; 15 (2) evaluate ongoing needs of States, localities, 16 territories, Tribes, health care facilities, and health 17 care workers to determine the need for critical med- 18 ical supplies and equipment; 19 (3) serve as a point of contact for industry for 20 procurement and distribution of critical medical sup- 21 plies and equipment, including personal protective 22 equipment, medical devices, testing supplies, drugs, 23 and vaccines; 24 (4) procure and distribute critical medical sup- 25 plies and equipment, including personal protective g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 452 1 equipment, medical devices, testing supplies, drugs, 2 and vaccines; 3 (5)(A) establish and maintain an up-to-date na- 4 tional database of hospital capacity, including beds, 5 ventilators, and supplies, including personal protec- 6 tive equipment, medical devices, drugs, and vaccines; 7 and 8 (B) provide weekly reports to the Congress on 9 gaps in such capacity and progress made toward 10 closing the gaps; 11 (6) require, as necessary, industry reporting on 12 production and distribution of personal protective 13 equipment, medical devices, testing supplies, drugs, 14 and vaccines and assess financial penalties as may 15 be specified by the Medical Supplies Response Coor- 16 dinator for failure to comply with such requirements 17 for reporting on production and distribution; 18 (7) consult with the Secretary and the Adminis- 19 trator of the Federal Emergency Management Agen- 20 cy, as applicable, to ensure sufficient production lev- 21 els under the Defense Production Act (50 U.S.C. 22 4501 et seq.); and 23 (8) monitor the prices of critical medical sup- 24 plies and equipment, including personal protective 25 equipment and medical devices, drugs, and vaccines g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00452 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 453 1 related to detecting, diagnosing, preventing, and 2 treating COVID–19 and report any suspected price 3 gouging of such materials to the Federal Trade 4 Commission and appropriate law enforcement offi- 5 cials. 6 INFORMATION TO BE INCLUDED IN LIST OF DEVICES 7 DETERMINED TO BE IN SHORTAGE 8 SEC. 30512. 9 Section 506J(g)(2)(A) of the Federal Food, Drug, 10 and Cosmetic Act, as added by section 3121 of the 11 CARES Act (Public Law 116–136), is amended by insert12 ing ‘‘, including the device identifier or national product 13 code for such device, if applicable’’ before the period at 14 the end. 15 EXTENDED SHELF LIFE DATES FOR ESSENTIAL DEVICES 16 SEC. 30513. 17 (a) IN GENERAL.—The Federal Food, Drug, and 18 Cosmetic Act is amended by inserting after section 506J 19 (21 U.S.C. 356j) the following: 20 ‘‘SEC. 506K. EXTENDED SHELF LIFE DATES FOR ESSENTIAL 21 22 DEVICES. ‘‘(a) IN GENERAL.—A manufacturer of a device sub- 23 ject to notification requirements under section 506J (in 24 this section referred to as an ‘essential device’) shall— 25 26 ‘‘(1) submit to the Secretary data and information as required by subsection (b)(1); g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00453 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 454 1 2 ‘‘(2) conduct and submit the results of any studies required under subsection (b)(3); and 3 ‘‘(3) make any labeling change described in 4 subsection (c) by the date specified by the Secretary 5 pursuant to such subsection. 6 ‘‘(b) NOTIFICATION.— 7 ‘‘(1) IN Secretary may issue 8 an order requiring the manufacturer of any essential 9 device to submit, in such manner as the Secretary 10 may prescribe, data and information from any stage 11 of development of the device (including pilot, inves- 12 tigational, and final product validation) that are 13 adequate to assess the shelf life of the device to de- 14 termine the longest supported expiration date. 15 ‘‘(2) UNAVAILABLE OR INSUFFICIENT DATA 16 AND INFORMATION.—If 17 ferred to in paragraph (1) are not available or are 18 insufficient, the Secretary may require the manufac- 19 turer of the device to— 20 the data and information re- ‘‘(A) conduct studies adequate to provide 21 the data and information; and 22 ‘‘(B) submit to the Secretary the results, 23 data, and information generated by such studies 24 when available. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00454 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 455 1 ‘‘(c) LABELING.—The Secretary may issue an order 2 requiring the manufacturer of an essential device to make 3 by a specified date any labeling change regarding the expi4 ration period that the Secretary determines to be appro5 priate based on the data and information required to be 6 submitted under this section or any other data and infor7 mation available to the Secretary. 8 ‘‘(d) CONFIDENTIALITY.—Nothing in this section 9 shall be construed as authorizing the Secretary to disclose 10 any information that is a trade secret or confidential infor11 mation subject to section 552(b)(4) of title 5, United 12 States Code, or section 1905 of title 18, United States 13 Code.’’. 14 (b) CIVIL MONETARY PENALTY.—Section 303(f) of 15 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 16 333(f)) is amended by adding at the end the following: 17 ‘‘(10) CIVIL MONETARY PENALTY WITH RESPECT 18 TO 19 VICES.—If EXTENDED SHELF LIFE DATES FOR ESSENTIAL DE- the manufacturer of a device subject to notifi- 20 cation requirements under section 506J violates section 21 506K by failing to submit data and information as re22 quired under section 506K(b)(1), failing to conduct or 23 submit the results of studies as required under section 24 506K(b)(3), or failing to make a labeling change as re25 quired under section 506K(c), such manufacturer shall be g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00455 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 456 1 liable to the United States for a civil penalty in an amount 2 not to exceed $10,000 for each such violation.’’. 3 (c) EMERGENCY USE ELIGIBLE PRODUCTS.—Sub- 4 paragraph (A) of section 564A(a)(1) of the Federal Food, 5 Drug, and Cosmetic Act (21 U.S.C. 360bbb–3a(a)(1)) is 6 amended to read as follows: 7 ‘‘(A) is approved or cleared under this 8 chapter, otherwise listed as a device pursuant to 9 section 510(j), conditionally approved under 10 section 571, or licensed under section 351 of 11 the Public Health Service Act;’’. 12 AUTHORITY TO DESTROY COUNTERFEIT DEVICES 13 SEC. 30514. 14 (a) IN GENERAL.—Section 801(a) of the Federal 15 Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) is 16 amended— 17 18 (1) in the fourth sentence, by inserting ‘‘or counterfeit device’’ after ‘‘counterfeit drug’’; and 19 (2) by striking ‘‘The Secretary of the Treasury 20 shall cause the destruction of’’ and all that follows 21 through ‘‘liable for costs pursuant to subsection 22 (c).’’ and inserting the following: ‘‘The Secretary of 23 the Treasury shall cause the destruction of any such 24 article refused admission unless such article is ex- 25 ported, under regulations prescribed by the Sec- 26 retary of the Treasury, within 90 days of the date g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00456 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 457 1 of notice of such refusal or within such additional 2 time as may be permitted pursuant to such regula- 3 tions, except that the Secretary of Health and 4 Human Services may destroy, without the oppor- 5 tunity for export, any drug or device refused admis- 6 sion under this section, if such drug or device is val- 7 ued at an amount that is $2,500 or less (or such 8 higher amount as the Secretary of the Treasury may 9 set by regulation pursuant to section 498(a)(1) of 10 the Tariff Act of 1930 (19 U.S.C. 1498(a)(1))) and 11 was not brought into compliance as described under 12 subsection (b). The Secretary of Health and Human 13 Services shall issue regulations providing for notice 14 and an opportunity to appear before the Secretary 15 of Health and Human Services and introduce testi- 16 mony, as described in the first sentence of this sub- 17 section, on destruction of a drug or device under the 18 seventh sentence of this subsection. The regulations 19 shall provide that prior to destruction, appropriate 20 due process is available to the owner or consignee 21 seeking to challenge the decision to destroy the drug 22 or device. Where the Secretary of Health and 23 Human Services provides notice and an opportunity 24 to appear and introduce testimony on the destruc- 25 tion of a drug or device, the Secretary of Health and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00457 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 458 1 Human Services shall store and, as applicable, dis- 2 pose of the drug or device after the issuance of the 3 notice, except that the owner and consignee shall re- 4 main liable for costs pursuant to subsection (c).’’. 5 (b) DEFINITION.—Section 201(h) of the Federal 6 Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)) is 7 amended— 8 (1) by redesignating subparagraphs (1), (2), 9 and (3) as clauses (A), (B), and (C), respectively; 10 and 11 (2) after making such redesignations— 12 (A) by striking ‘‘(h) The term’’ and insert- 13 ing ‘‘(h)(1) The term’’; and 14 15 (B) by adding at the end the following: ‘‘(2) The term ‘counterfeit device’ means a device 16 which, or the container, packaging, or labeling of which, 17 without authorization, bears a trademark, trade name, or 18 other identifying mark, imprint, or symbol, or any likeness 19 thereof, or is manufactured using a design, of a device 20 manufacturer, packer, or distributor other than the person 21 or persons who in fact manufactured, packed, or distrib22 uted such device and which thereby falsely purports or is 23 represented to be the product of, or to have been packed 24 or distributed by, such other device manufacturer, packer, 25 or distributor. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00458 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 459 1 ‘‘(3) For purposes of subparagraph (2)— 2 ‘‘(A) the term ‘manufactured’ refers to any of 3 the following activities: manufacture, preparation, 4 propagation, compounding, assembly, or processing; 5 and 6 ‘‘(B) the term ‘manufacturer’ means a person 7 who is engaged in any of the activities listed in 8 clause (A).’’. 9 REPORTING REQUIREMENT FOR DRUG MANUFACTURERS 10 SEC. 30515. 11 (a) ESTABLISHMENTS IN A FOREIGN COUNTRY.— 12 Section 510(i) of the Federal Food, Drug, and Cosmetic 13 Act (21 U.S.C. 360(i)) is amended by inserting at the end 14 the following new paragraph: 15 ‘‘(5) The requirements of paragraphs (1) and (2) 16 shall apply to establishments within a foreign country en17 gaged in the manufacture, preparation, propagation, 18 compounding, or processing of any drug, including the ac19 tive pharmaceutical ingredient, that is required to be listed 20 pursuant to subsection (j). Such requirements shall apply 21 regardless of whether the drug or active pharmaceutical 22 ingredient undergoes further manufacture, preparation, 23 propagation, compounding, or processing at a separate es24 tablishment or establishments outside the United States 25 prior to being imported or offered for import into the 26 United States.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00459 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 460 1 (b) LISTING OF DRUGS.—Section 510(j)(1) of the 2 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 3 360(j)(1)) is amended— 4 5 (1) in subparagraph (D), by striking ‘‘and’’ at the end; 6 7 (2) in subparagraph (E), by striking the period at the end and inserting ‘‘; and’’; and 8 9 (3) by adding at the end the following new subparagraph: 10 ‘‘(F) in the case of a drug contained in the ap- 11 plicable list, a certification that the registrant has— 12 ‘‘(i) identified every other establishment 13 where manufacturing is performed for the drug; 14 and 15 ‘‘(ii) notified each known foreign establish- 16 ment engaged in the manufacture, preparation, 17 propagation, compounding, or processing of the 18 drug, including the active pharmaceutical ingre- 19 dient, of the inclusion of the drug in the list 20 and the obligation to register.’’. 21 (c) QUARTERLY REPORTING ON AMOUNT OF DRUGS 22 MANUFACTURED.—Section 510(j)(3)(A) of the Federal 23 Food, Drug, and Cosmetic Act (as added by section 3112 24 of the CARES Act (Public Law 116–136)) is amended 25 by striking ‘‘annually’’ and inserting ‘‘once during the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 461 1 month of March of each year, once during the month of 2 June of each year, once during the month of September 3 of each year, and once during the month of December of 4 each year’’. 5 RECOMMENDATIONS TO ENCOURAGE DOMESTIC 6 MANUFACTURING OF CRITICAL DRUGS 7 SEC. 30516. 8 (a) IN GENERAL.—Not later than 14 days after the 9 date of enactment of this Act, the Secretary shall enter 10 into an agreement with the National Academies of 11 Sciences, Engineering, and Medicine (referred to in this 12 section as the ‘‘National Academies’’) under which, not 13 later than 90 days after the date of entering into the 14 agreement, the National Academies will— 15 (1) establish a committee of experts who are 16 knowledgeable about drug and device supply issues, 17 including— 18 (A) sourcing and production of critical 19 drugs and devices; 20 (B) sourcing and production of active 21 pharmaceutical ingredients in critical drugs; 22 (C) the raw materials and other compo- 23 nents for critical drugs and devices; and 24 (D) the public health and national security 25 implications of the current supply chain for 26 critical drugs and devices; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00461 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 462 1 (2) convene a public symposium to— 2 (A) analyze the impact of United States 3 dependence on the foreign manufacturing of 4 critical drugs and devices on patient access and 5 care, including in hospitals and intensive care 6 units; and 7 (B) recommend strategies to end United 8 States dependence on foreign manufacturing to 9 ensure the United States has a diverse and vital 10 supply chain for critical drugs and devices to 11 protect the Nation from natural or hostile oc- 12 currences; and 13 (3) submit a report on the symposium’s pro- 14 ceedings to the Congress and publish a summary of 15 such proceedings on the public website of the Na- 16 tional Academies. 17 (b) SYMPOSIUM.—In carrying out the agreement 18 under subsection (a), the National Academies shall consult 19 with— 20 (1) the Department of Health and Human 21 Services, the Department of Homeland Security, the 22 Department of Defense, the Department of Com- 23 merce, the Department of State, the Department of 24 Veterans Affairs, the Department of Justice, and 25 any other Federal agencies as appropriate; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00462 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 463 1 (2) relevant stakeholders, including drug and 2 device manufacturers, health care providers, medical 3 professional societies, State-based societies, public 4 health experts, State and local public health depart- 5 ments, State medical boards, patient groups, health 6 care distributors, wholesalers and group purchasing 7 organizations, pharmacists, and other entities with 8 experience in health care and public health, as ap- 9 propriate. 10 (c) DEFINITIONS.—For the purposes of this section: 11 (1) The term ‘‘critical’’— 12 (A) with respect to a device, refers to a de- 13 vice classified by the Food and Drug Adminis- 14 tration as implantable, life-saving, and life-sus- 15 taining; or 16 (B) with respect to a drug, refers to a 17 drug that is described in subsection (a) of sec- 18 tion 506C of the Federal Food, Drug, and Cos- 19 metic Act (21 U.S.C. 356c) (relating to notifi- 20 cation of any discontinuance or interruption in 21 the production of life-saving drugs). 22 (2) The terms ‘‘device’’ and ‘‘drug’’ have the 23 meanings given to those terms in section 201 of the 24 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 25 321). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 464 1 FAILURE TO NOTIFY OF A PERMANENT DISCONTINUANCE 2 OR AN INTERRUPTION 3 SEC. 30517. 4 Section 301 of the Federal Food, Drug, and Cosmetic 5 Act (21 U.S.C. 331) is amended by adding at the end the 6 following: 7 ‘‘(fff) The failure of a manufacturer of a drug de- 8 scribed in section 506C(a) or an active pharmaceutical in9 gredient of such a drug, without a reasonable basis as de10 termined by the Secretary, to notify the Secretary of a 11 permanent discontinuance or an interruption, and the rea12 sons for such discontinuance or interruption, as required 13 by section 506C.’’. 14 FAILURE TO DEVELOP RISK MANAGEMENT PLAN 15 SEC. 30518. 16 Section 301 of the Federal Food, Drug, and Cosmetic 17 Act (21 U.S.C. 331), as amended by section 30517, is fur18 ther amended by adding at the end the following: 19 ‘‘(ggg) The failure to develop, maintain, and imple- 20 ment a risk management plan, as required by section 21 506C(j).’’. 22 NATIONAL CENTERS OF EXCELLENCE IN CONTINUOUS 23 PHARMACEUTICAL MANUFACTURING 24 SEC. 30519. 25 (a) IN GENERAL.—Section 3016 of the 21st Century 26 Cures Act (21 U.S.C. 399h) is amended to read as follows: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00464 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 465 1 ‘‘NATIONAL 2 CENTERS OF EXCELLENCE IN CONTINUOUS PHARMACEUTICAL MANUFACTURING 3 ‘‘SEC. 3016. 4 ‘‘(a) IN GENERAL.—The Secretary of Health and 5 Human Services, acting through the Commissioner of 6 Food and Drugs— 7 ‘‘(1) shall solicit and, beginning not later than 8 1 year after the date of enactment of the National 9 Centers of Excellence in Continuous Pharmaceutical 10 Manufacturing Act of 2019, receive requests from 11 institutions of higher education to be designated as 12 a National Center of Excellence in Continuous Phar- 13 maceutical Manufacturing (in this section referred to 14 as a ‘National Center of Excellence’) to support the 15 advancement and development of continuous manu- 16 facturing; and 17 18 ‘‘(2) shall so designate any institution of higher education that— 19 ‘‘(A) requests such designation; and 20 ‘‘(B) meets the criteria specified in sub- 21 section (c). 22 ‘‘(b) REQUEST FOR DESIGNATION.—A request for 23 designation under subsection (a) shall be made to the Sec24 retary at such time, in such manner, and containing such 25 information as the Secretary may require. Any such re- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00465 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 466 1 quest shall include a description of how the institution of 2 higher education meets or plans to meet each of the cri3 teria specified in subsection (c). 4 ‘‘(c) CRITERIA FOR DESIGNATION DESCRIBED.—The 5 criteria specified in this subsection with respect to an in6 stitution of higher education are that the institution has, 7 as of the date of the submission of a request under sub8 section (a) by such institution— 9 ‘‘(1) physical and technical capacity for re- 10 search and development of continuous manufac- 11 turing; 12 ‘‘(2) knowledge-sharing net- 13 works with other institutions of higher education, 14 large and small pharmaceutical manufacturers, ge- 15 neric and nonprescription manufacturers, contract 16 manufacturers, and other entities; 17 ‘‘(3) proven capacity to design and demonstrate 18 new, highly effective technology for use in contin- 19 uous manufacturing; 20 ‘‘(4) a track record for creating and transfer- 21 ring knowledge with respect to continuous manufac- 22 turing; 23 ‘‘(5) the potential to train a future workforce 24 for research on and implementation of advanced 25 manufacturing and continuous manufacturing; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 manufacturing 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 467 1 ‘‘(6) experience in participating in and leading 2 a continuous manufacturing technology partnership 3 with other institutions of higher education, large and 4 small pharmaceutical manufacturers (including ge- 5 neric and nonprescription drug manufacturers), con- 6 tract manufacturers, and other entities— 7 ‘‘(A) to support companies with continuous 8 manufacturing in the United States; 9 ‘‘(B) to support Federal agencies with 10 technical assistance, which may include regu- 11 latory and quality metric guidance as applica- 12 ble, for advanced manufacturing and continuous 13 manufacturing; 14 ‘‘(C) with respect to continuous manufac- 15 turing, to organize and conduct research and 16 development activities needed to create new and 17 more effective technology, capture and dissemi- 18 nate expertise, create intellectual property, and 19 maintain technological leadership; 20 ‘‘(D) to develop best practices for design- 21 ing continuous manufacturing; and 22 ‘‘(E) to assess and respond to the work- 23 force needs for continuous manufacturing, in- 24 cluding the development of training programs if 25 needed. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 468 1 ‘‘(d) TERMINATION OF DESIGNATION.—The Sec- 2 retary may terminate the designation of any National Cen3 ter of Excellence designated under this section if the Sec4 retary determines such National Center of Excellence no 5 longer meets the criteria specified in subsection (c). Not 6 later than 60 days before the effective date of such a ter7 mination, the Secretary shall provide written notice to the 8 National Center of Excellence, including the rationale for 9 such termination. 10 ‘‘(e) CONDITIONS FOR DESIGNATION.—As a condi- 11 tion of designation as a National Center of Excellence 12 under this section, the Secretary shall require that an in13 stitution of higher education enter into an agreement with 14 the Secretary under which the institution agrees— 15 ‘‘(1) to collaborate directly with the Food and 16 Drug Administration to publish the reports required 17 by subsection (g); 18 ‘‘(2) to share data with the Food and Drug Ad- 19 ministration regarding best practices and research 20 generated through the funding under subsection (f); 21 ‘‘(3) to develop, along with industry partners 22 (which may include large and small biopharma- 23 ceutical manufacturers, generic and nonprescription 24 manufacturers, and contract manufacturers) and an- 25 other institution or institutions designated under g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 469 1 this section, if any, a roadmap for developing a con- 2 tinuous manufacturing workforce; 3 ‘‘(4) to develop, along with industry partners 4 and other institutions designated under this section, 5 a roadmap for strengthening existing, and devel- 6 oping new, relationships with other institutions; and 7 ‘‘(5) to provide an annual report to the Food 8 and Drug Administration regarding the institution’s 9 activities under this section, including a description 10 of how the institution continues to meet and make 11 progress on the criteria listed in subsection (c). 12 ‘‘(f) FUNDING.— 13 ‘‘(1) IN Secretary shall award 14 funding, through grants, contracts, or cooperative 15 agreements, to the National Centers of Excellence 16 designated under this section for the purpose of 17 studying and recommending improvements to contin- 18 uous manufacturing, including such improvements 19 as may enable the Centers— 20 ‘‘(A) to continue to meet the conditions 21 specified in subsection (e); and 22 ‘‘(B) to expand capacity for research on, 23 and development of, continuing manufacturing. 24 ‘‘(2) CONSISTENCY 25 12:13 May 12, 2020 WITH FDA MISSION.—As a condition on receipt of funding under this sub- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The Jkt 000000 (763351 3) PO 00000 Frm 00469 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 470 1 section, a National Center of Excellence shall agree 2 to consider any input from the Secretary regarding 3 the use of funding that would— 4 ‘‘(A) help to further the advancement of 5 continuous manufacturing through the National 6 Center of Excellence; and 7 ‘‘(B) be relevant to the mission of the 8 Food and Drug Administration. 9 ‘‘(3) AUTHORIZATION 10 There is authorized to be appropriated to carry out 11 this subsection $100,000,000, to remain available 12 until expended. 13 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 14 this section shall be construed as precluding a Na- 15 tional Center for Excellence designated under this 16 section from receiving funds under any other provi- 17 sion of this Act or any other Federal law. 18 ‘‘(g) ANNUAL REVIEW AND REPORTS.— 19 ‘‘(1) ANNUAL REPORT.—Beginning not later 20 than 1 year after the date on which the first des- 21 ignation is made under subsection (a), and annually 22 thereafter, the Secretary shall— 23 ‘‘(A) submit to Congress a report describ- 24 ing the activities, partnerships and collabora- 25 tions, Federal policy recommendations, previous g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF APPROPRIATIONS.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00470 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 471 1 and continuing funding, and findings of, and 2 any other applicable information from, the Na- 3 tional Centers of Excellence designated under 4 this section; and 5 ‘‘(B) make such report available to the 6 public in an easily accessible electronic format 7 on the website of the Food and Drug Adminis- 8 tration. 9 ‘‘(2) REVIEW 10 CELLENCE AND POTENTIAL DESIGNEES.—The 11 retary shall periodically review the National Centers 12 of Excellence designated under this section to ensure 13 that such National Centers of Excellence continue to 14 meet the criteria for designation under this section. 15 ‘‘(3) REPORT Sec- ON LONG-TERM VISION OF FDA 16 ROLE.—Not 17 which the first designation is made under subsection 18 (a), the Secretary, in consultation with the National 19 Centers of Excellence designated under this section, 20 shall submit a report to the Congress on the long- 21 term vision of the Department of Health and 22 Human Services on the role of the Food and Drug 23 Administration in supporting continuous manufac- 24 turing, including— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF NATIONAL CENTERS OF EX- 12:13 May 12, 2020 Jkt 000000 later than 2 years after the date on (763351 3) PO 00000 Frm 00471 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 472 1 ‘‘(A) a national framework of principles re- 2 lated to the implementation and regulation of 3 continuous manufacturing; 4 ‘‘(B) a plan for the development of Federal 5 regulations and guidance for how advanced 6 manufacturing and continuous manufacturing 7 can be incorporated into the development of 8 pharmaceuticals and regulatory responsibilities 9 of the Food and Drug Administration; and 10 ‘‘(C) appropriate feedback solicited from 11 the public, which may include other institutions, 12 large and small biopharmaceutical manufactur- 13 ers, generic and nonprescription manufacturers, 14 and contract manufacturers. 15 ‘‘(h) DEFINITIONS.—In this section: 16 ‘‘(1) ADVANCED term 17 ‘advanced manufacturing’ means an approach for 18 the manufacturing of pharmaceuticals that incor- 19 porates novel technology, or uses an established 20 technique or technology in a new or innovative way 21 (such as continuous manufacturing where the input 22 materials are continuously transformed within the 23 process by two or more unit operations) that en- 24 hances drug quality or improves the manufacturing 25 process. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MANUFACTURING.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00472 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 473 1 2 ‘‘(2) MANUFACTURING.—The CONTINUOUS term ‘continuous manufacturing’— 3 ‘‘(A) means a process where the input ma- 4 terials are continuously fed into and trans- 5 formed within the process, and the processed 6 output materials are continuously removed from 7 the system; and 8 ‘‘(B) consists of an integrated process that 9 consists of a series of two or more unit oper- 10 ations. 11 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 12 The term ‘institution of higher education’ has the 13 meaning given such term in section 101(a) of the 14 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 15 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 16 the Secretary of Health and Human Services, acting 17 through the Commissioner of Food and Drugs.’’. 18 (b) TRANSITION RULE.—Section 3016 of the 21st 19 Century Cures Act (21 U.S.C. 399h), as in effect on the 20 day before the date of the enactment of this section, shall 21 apply with respect to grants awarded under such section 22 before such date of enactment. 23 VACCINE MANUFACTURING AND ADMINISTRATION 24 CAPACITY 25 SEC. 30520. 26 (a) ENHANCING MANUFACTURING CAPACITY.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 474 1 (1) GENERAL.—The Secretary, acting 2 through the Director of the Biomedical Advanced 3 Research and Development Authority, shall, as ap- 4 propriate, award contracts, grants, and cooperative 5 agreements, and enter into other transactions, to ex- 6 pand and enhance manufacturing capacity of vac- 7 cines and vaccine candidates to prevent the spread 8 of SARS–CoV–2 and COVID–19. 9 (2) AUTHORIZATION OF APPROPRIATIONS.—To 10 carry out this subsection, there are authorized to be 11 appropriated such sums as may be necessary for fis- 12 cal years 2020 through 2024, to remain available 13 until expended. 14 (b) REPORT 15 MINISTRATION 16 ON VACCINE MANUFACTURING AND AD- CAPACITY.— (1) IN GENERAL.—Not later than December 31, 17 2020, the Secretary shall submit to the Committee 18 on Energy and Commerce of the House of Rep- 19 resentatives and the Committee on Health, Edu- 20 cation, Labor and Pensions of the Senate a report 21 detailing— 22 (A) an assessment of the estimated supply 23 of vaccines and ancillary medical products re- 24 lated to vaccine administration necessary to 25 control and stop the spread of SARS–CoV–2 g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 IN 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00474 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 475 1 and COVID–19, domestically and internation- 2 ally; 3 (B) an assessment of current and future 4 domestic manufacturing capacity for vaccines or 5 vaccine candidates to control or stop the spread 6 of SARS–CoV–2 and COVID–19, vaccine can- 7 didates, and ancillary products related to the 8 administration of such vaccines, including iden- 9 tification of any gaps in manufacturing capac- 10 ity; 11 (C) activities conducted to expand and en- 12 hance manufacturing capacity for vaccines, vac- 13 cine candidates, and ancillary medical products 14 to levels sufficient to control and stop the 15 spread of SARS–CoV–2 and COVID–19, do- 16 mestically and internationally, including a list 17 and explanation of all contracts, grants, and co- 18 operative agreements awarded, and other trans- 19 actions entered into, for purposes of such ex- 20 pansion and enhancement and how such activi- 21 ties will help to meet future domestic manufac- 22 turing capacity needs; 23 (D) a plan for the ongoing support of en- 24 hanced manufacturing capacity for vaccines, 25 vaccine candidates, and ancillary medical prod- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 476 1 ucts sufficient to control and stop the spread of 2 SARS–CoV–2 and COVID–19, domestically 3 and internationally; and 4 (E) a plan to support the administration of 5 vaccines approved or authorized by the Food 6 and Drug Administration to control and stop 7 the spread of SARS–CoV–2 and COVID–19, 8 domestically and internationally, including Fed- 9 eral workforce enhancements necessary to ad- 10 minister such vaccines. 11 (2) ANCILLARY pur- 12 poses of this subsection, ‘‘ancillary medical prod- 13 ucts’’ includes— 14 (A) vials; 15 (B) bandages; 16 (C) alcohol swabs; 17 (D) syringes; 18 (E) needles; 19 (F) gloves and other personal protective 20 equipment; and 21 (G) other medical products the Secretary 22 determines necessary for the administration of 23 vaccines. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MEDICAL PRODUCTS.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00476 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 477 1 Subtitle B—Strategic National Stockpile Improvements 2 EQUIPMENT MAINTENANCE 3 SEC. 30531. 4 Section 319F–2 of the Public Health Service Act (42 5 U.S.C. 247d–6b) is amended— 6 (1) in subsection (a)(3)— 7 (A) in subparagraph (I), by striking ‘‘; 8 and’’ and inserting a semicolon; 9 (B) in subparagraph (J), by striking the 10 period at the end and inserting a semicolon; 11 and 12 (C) by inserting the following new subpara- 13 graph at the end: 14 ‘‘(K) ensure the contents of the stockpile 15 remain in good working order and, as appro- 16 priate, conduct maintenance services on such 17 contents; and’’; and 18 (2) in subsection (c)(7)(B), by adding at the 19 end the following new clause: 20 ‘‘(ix) 21 SERVICE.—In 22 Secretary may enter into contracts for the 23 procurement of equipment maintenance 24 services.’’. 25 26 12:13 May 12, 2020 MAINTENANCE carrying out this section, the SUPPLY CHAIN FLEXIBILITY MANUFACTURING PILOT SEC. 30532. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 EQUIPMENT Jkt 000000 (763351 3) PO 00000 Frm 00477 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 478 1 (a) IN GENERAL.—Section 319F–2(a)(3) of the Pub- 2 lic Health Service Act (42 U.S.C. 247d–6b(a)(3)), as 3 amended by section 30531, is further amended by adding 4 at the end the following new subparagraph: 5 ‘‘(L) enhance medical supply chain elas- 6 ticity and establish and maintain domestic re- 7 serves of critical medical supplies (including 8 personal protective equipment, ancillary medical 9 supplies, and other applicable supplies required 10 for the administration of drugs, vaccines and 11 other biological products, and other medical de- 12 vices (including diagnostic tests)) by— 13 ‘‘(i) increasing emergency stock of 14 critical medical supplies; 15 ‘‘(ii) geographically diversifying pro- 16 duction of such medical supplies; 17 ‘‘(iii) purchasing, leasing, or entering 18 into joint ventures with respect to facilities 19 and equipment for the production of such 20 medical supplies; and 21 ‘‘(iv) working with distributors of 22 such medical supplies to manage the do- 23 mestic reserves established under this sub- 24 paragraph by refreshing and replenishing 25 stock of such medical supplies.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00478 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 479 1 (b) REPORTING; SUNSET.—Section 319F–2(a) of the 2 Public Health Service Act (42 U.S.C. 247d–6b(a)) is 3 amended by adding at the end the following: 4 ‘‘(6) REPORTING.—Not later than September 5 30, 2022, the Secretary shall submit to the Com- 6 mittee on Energy and Commerce of the House of 7 Representatives and the Committee on Health, Edu- 8 cation, Labor and Pensions of the Senate a report 9 on the details of each purchase, lease, or joint ven- 10 ture entered into under paragraph (3)(L), including 11 the amount expended by the Secretary on each such 12 purchase, lease, or joint venture. 13 ‘‘(7) SUNSET.—The authority to make pur- 14 chases, leases, or joint ventures pursuant to para- 15 graph (3)(L) shall cease to be effective on Sep- 16 tember 30, 2023.’’. 17 (c) FUNDING.—Section 319F–2(f) of the Public 18 Health Service Act (42 U.S.C. 247d–6b(f)) is amended by 19 adding at the end the following: 20 ‘‘(3) SUPPLY 21 ‘‘(A) IN GENERAL.—For the purpose of 22 carrying out subsection (a)(3)(L), there is au- 23 thorized to be appropriated $500,000,000 for 24 each of fiscal years 2020 through 2023, to re- 25 main available until expended. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CHAIN ELASTICITY.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00479 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 480 1 ‘‘(B) RELATION TO OTHER AMOUNTS.— 2 The amount authorized to be appropriated by 3 subparagraph (A) for the purpose of carrying 4 out subsection (a)(3)(L) is in addition to any 5 other amounts available for such purpose.’’. 6 REIMBURSABLE TRANSFERS FROM STRATEGIC NATIONAL 7 STOCKPILE 8 SEC. 30533. 9 Section 319F–2(a) of the Public Health Service Act 10 (42 U.S.C. 247d–6b(a)), as amended, is further amended 11 by adding at the end the following: 12 ‘‘(8) TRANSFERS 13 ‘‘(A) IN GENERAL.—Without regard to 14 chapter 5 of title 40, United States Code, the 15 Secretary may transfer to any Federal depart- 16 ment or agency, on a reimbursable basis, any 17 drugs, vaccines and other biological products, 18 medical devices, and other supplies in the stock- 19 pile if— 20 ‘‘(i) the transferred supplies are less 21 than 6 months from expiry; 22 ‘‘(ii) the stockpile is able to replenish 23 the supplies, as appropriate; and 24 ‘‘(iii) the Secretary decides the trans- 25 fer is in the best interest of the United 26 States Government. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AND REIMBURSEMENTS.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 481 1 ‘‘(B) USE OF REIMBURSEMENT.—Reim- 2 bursement derived from the transfer of supplies 3 pursuant to subparagraph (A) may be used by 4 the Secretary, without further appropriation 5 and without fiscal year limitation, to carry out 6 this section. 7 ‘‘(C) REPORT.—Not later than September 8 30, 2022, the Secretary shall submit to the 9 Committee on Energy and Commerce of the 10 House of Representatives and the Committee 11 on Health, Education, Labor and Pensions of 12 the Senate a report on each transfer made 13 under this paragraph and the amount received 14 by the Secretary in exchange for that transfer. 15 ‘‘(D) SUNSET.—The authority to make 16 transfers under this paragraph shall cease to be 17 effective on September 30, 2023.’’. 18 STRATEGIC NATIONAL STOCKPILE ACTION REPORTING 19 SEC. 30534. 20 (a) IN GENERAL.—The Assistant Secretary for Pre- 21 paredness and Response (in this section referred to as the 22 ‘‘Assistant Secretary’’), in coordination with the Adminis23 trator of the Federal Emergency Management Agency, 24 shall— 25 (1) not later than 30 days after the date of en- 26 actment of this Act, issue a report to the Committee g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00481 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 482 1 on Energy and Commerce of the House of Rep- 2 resentatives and the Committee on Health, Edu- 3 cation, Labor and Pensions of the Senate regarding 4 all State, local, Tribal, and territorial requests for 5 supplies from the Strategic National Stockpile re- 6 lated to COVID–19; and 7 (2) not less than every 30 days thereafter 8 through the end of the emergency period (as such 9 term is defined in section 1135(g)(1)(B) of the So- 10 cial Security Act (42 U.S.C. 1320b–5(g)(1)(B))), 11 submit to such committees an updated version of 12 such report. 13 (b) REPORTING PERIOD.— 14 (1) INITIAL initial report under 15 subsection (a) shall address all requests described in 16 such subsection made during the period— 17 (A) beginning on January 31, 2020; and 18 (B) ending on the date that is 30 days be- 19 fore the date of submission of the report. 20 (2) UPDATES.—Each update to the report 21 under subsection (a) shall address all requests de- 22 scribed in such subsection made during the period— 23 (A) beginning at the end of the previous 24 reporting period under this section; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REPORT.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00482 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 483 1 (B) ending on the date that is 30 days be- 2 fore the date of submission of the updated re- 3 port. 4 (c) CONTENTS OF REPORT.—The report under sub- 5 section (a) (and updates thereto) shall include— 6 7 (1) the details of each request described in such subsection, including— 8 (A) the specific medical countermeasures, 9 including devices such as personal protective 10 equipment, and other materials requested; and 11 (B) the amount of such materials re- 12 quested; and 13 (2) the outcomes of each request described in 14 subsection (a), including— 15 (A) whether the request was wholly ful- 16 filled, partially fulfilled, or denied; 17 (B) if the request was wholly or partially 18 fulfilled, the fulfillment amount; and 19 (C) if the request was partially fulfilled or 20 denied, a rationale for such outcome. 21 IMPROVED, TRANSPARENT PROCESSES FOR THE 22 STRATEGIC NATIONAL STOCKPILE 23 SEC. 30535. 24 (a) IN GENERAL.—Not later than January 1, 2021, 25 the Secretary, in collaboration with the Assistant Sec26 retary for Preparedness and Response and the Director g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00483 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 484 1 of the Centers for Disease Control and Prevention, shall 2 develop and implement improved, transparent processes 3 for the use and distribution of drugs, vaccines and other 4 biological products, medical devices, and other supplies 5 (including personal protective equipment, ancillary med6 ical supplies, and other applicable supplies required for the 7 administration of drugs, vaccines and other biological 8 products, diagnostic tests, and other medical devices ) in 9 the Strategic National Stockpile under section 319F–2 of 10 the Public Health Service Act (42 U.S.C. 247d–6b) (in 11 this section referred to as the ‘‘Stockpile’’). 12 (b) PROCESSES.—The processes developed under 13 subsection (a) shall include— 14 (1) the form and manner in which States, local- 15 ities, Tribes, and territories are required to submit 16 requests for supplies from the Stockpile; 17 (2) the criteria used by the Secretary in re- 18 sponding to such requests, including the reasons for 19 fulfilling or denying such requests; 20 (3) what circumstances result in prioritization 21 of distribution of supplies from the Stockpile to 22 States, localities, Tribes, or territories; 23 (4) clear plans for future, urgent communica- 24 tion between the Secretary and States, localities, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00484 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 485 1 Tribes, and territories regarding the outcome of 2 such requests; and 3 (5) any differences in the processes developed 4 under subsection (a) for geographically related emer- 5 gencies, such as weather events, and national emer- 6 gencies, such as pandemics. 7 (c) REPORT TO CONGRESS.—Not later than January 8 1, 2021, the Secretary shall— 9 (1) submit a report to the Committee Energy 10 and Commerce of the House of Representatives and 11 the Committee on Health, Education, Labor and 12 Pensions of the Senate regarding the improved, 13 transparent processes developed under this section; 14 and 15 (2) include in such report recommendations for 16 opportunities for communication (by telebriefing, 17 phone calls, or in-person meetings) between the Sec- 18 retary and States, localities, Tribes, and territories 19 regarding such improved, transparent processes. 20 GAO STUDY ON THE FEASIBILITY AND BENEFITS OF A 21 STRATEGIC NATIONAL STOCKPILE USER FEE AGREEMENT 22 SEC. 30536. 23 (a) IN GENERAL.— The Comptroller General of the 24 United States shall conduct a study to investigate the fea25 sibility of establishing user fees to offset certain Federal 26 costs attributable to the procurement of single-source mag:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00485 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 486 1 terials for the Strategic National Stockpile under section 2 319F–2 of the Public Health Service Act (42 U.S.C. 3 247d–6b) and distributions of such materials from the 4 Stockpile. In conducting this study, the Comptroller Gen5 eral shall consider, to the extent information is available— 6 7 (1) whether entities receiving such distributions generate profits from those distributions; 8 9 (2) any Federal costs attributable to such distributions; 10 (3) whether such user fees would provide the 11 Secretary with funding to potentially offset procure- 12 ment costs of such materials for the Strategic Na- 13 tional Stockpile; and 14 (4) any other issues the Comptroller General 15 identifies as relevant. 16 (b) REPORT.—Not later than February 1, 2023, the 17 Comptroller General of the United States shall submit to 18 the Congress a report on the findings and conclusions of 19 the study under subsection (a). 20 Subtitle C—Testing and Testing Infrastructure 21 Improvements 22 COVID–19 TESTING STRATEGY 23 SEC. 30541. 24 (a) STRATEGY.—Not later than June 15, 2020, the 25 Secretary shall update the COVID–19 strategic testing g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00486 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 487 1 plan under the heading ‘‘Department of Health and 2 Human Services—Office of the Secretary—Public Health 3 and Social Service Emergency Fund’’ in title I of division 4 B of the Paycheck Protection Program and Health Care 5 Enhancement Act (Public Law 116–139, 134 Stat. 620, 6 626–627) and submit to the appropriate congressional 7 committees such updated national plan identifying— 8 (1) what level of, types of, and approaches to 9 testing (including predicted numbers of tests, popu- 10 lations to be tested, and frequency of testing and the 11 appropriate setting whether a health care setting 12 (such as hospital-based, high-complexity laboratory, 13 point-of-care, mobile testing units, pharmacies or 14 community health centers) or non-health care setting 15 (such as workplaces, schools, or child care centers)) 16 are necessary— 17 (A) to sufficiently monitor and contribute 18 to the control of the transmission of SARS– 19 CoV–2 in the United States; 20 (B) to ensure that any reduction in social 21 distancing efforts, when determined appropriate 22 by public health officials, can be undertaken in 23 a manner that optimizes the health and safety 24 of the people of the United States, and reduces 25 disparities (including disparities related to race, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00487 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 488 1 ethnicity, sex, age, disability status, socio- 2 economic status, and geographic location) in the 3 prevalence of, incidence of, and health outcomes 4 with respect to, COVID–19; and 5 (C) to provide for ongoing surveillance suf- 6 ficient to support contact tracing, case identi- 7 fication, quarantine, and isolation to prevent fu- 8 ture outbreaks of COVID–19; 9 (2) specific plans and benchmarks, each with 10 clear timelines, to ensure— 11 (A) such level of, types of, and approaches 12 to testing as are described in paragraph (1), 13 with respect to optimizing health and safety; 14 (B) sufficient availability of all necessary 15 testing materials and supplies, including extrac- 16 tion and testing kits, reagents, transport media, 17 swabs, instruments, analysis equipment, per- 18 sonal protective equipment if necessary for test- 19 ing (including point-of-care testing), and other 20 equipment; 21 (C) allocation of testing materials and sup- 22 plies in a manner that optimizes public health, 23 including by considering the variable impact of 24 SARS–CoV–2 on specific States, territories, In- 25 dian Tribes, Tribal organizations, urban Indian g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 489 1 organizations, communities, industries, and pro- 2 fessions; 3 (D) sufficient evidence of validation for 4 tests that are deployed as a part of such strat- 5 egy; 6 (E) sufficient laboratory and analytical ca- 7 pacity, including target turnaround time for 8 test results; 9 (F) sufficient personnel, including per- 10 sonnel to collect testing samples, conduct and 11 analyze results, and conduct testing follow-up, 12 including contact tracing, as appropriate; and 13 (G) enforcement of the Families First 14 Coronavirus Response Act (Public Law 116– 15 127) to ensure patients who are tested are not 16 subject to cost sharing; 17 (3) specific plans to ensure adequate testing in 18 rural areas, frontier areas, health professional short- 19 age areas, and medically underserved areas (as de- 20 fined in section 330I(a) of the Public Health Service 21 Act (42 U.S.C. 254c–14(a))), and for underserved 22 populations, Native Americans (including Indian 23 Tribes, Tribal organizations, and urban Indian orga- 24 nizations), and populations at increased risk related 25 to COVID–19; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00489 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 490 1 (4) specific plans to ensure accessibility of test- 2 ing to people with disabilities, older individuals, and 3 individuals with underlying health conditions or 4 weakened immune systems; and 5 (5) specific plans for broadly developing and 6 implementing testing for potential immunity in the 7 United States, as appropriate, in a manner suffi- 8 cient— 9 (A) to monitor and contribute to the con- 10 trol of SARS–CoV–2 in the United States; 11 (B) to ensure that any reduction in social 12 distancing efforts, when determined appropriate 13 by public health officials, can be undertaken in 14 a manner that optimizes the health and safety 15 of the people of the United States; and 16 (C) to reduce disparities (including dispari- 17 ties related to race, ethnicity, sex, age, dis- 18 ability status, socioeconomic status, and geo- 19 graphic location) in the prevalence of, incidence 20 of, and health outcomes with respect to, 21 COVID–19. 22 (b) COORDINATION.—The Secretary shall carry out 23 this section— 24 25 (1) in coordination with the Administrator of the Federal Emergency Management Agency; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00490 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 491 1 2 (2) in collaboration with other agencies and departments, as appropriate; and 3 (3) taking into consideration the State plans for 4 COVID–19 testing prepared as required under the 5 heading ‘‘Department of Health and Human Serv- 6 ices—Office of the Secretary—Public Health and 7 Social Service Emergency Fund’’ in title I of divi- 8 sion B of the Paycheck Protection Program and 9 Health Care Enhancement Act (Public Law 116– 10 139; 134 Stat. 620, 624). 11 (c) UPDATES.— 12 (1) FREQUENCY.—The updated national plan 13 under subsection (a) shall be updated every 30 days 14 until the end of the public health emergency first de- 15 clared by the Secretary under section 319 of the 16 Public Health Service Act (42 U.S.C. 247d) on Jan- 17 uary 31, 2020, with respect to COVID–19. 18 (2) RELATION (1) 19 applies in lieu of the requirement (for updates every 20 90 days until funds are expended) in the second to 21 last proviso under the heading ‘‘Department of 22 Health and Human Services—Office of the Sec- 23 retary—Public Health and Social Service Emergency 24 Fund’’ in title I of division B of the Paycheck Pro- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO OTHER LAW.—Paragraph 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00491 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 492 1 tection Program and Health Care Enhancement Act 2 (Public Law 116–139; 134 Stat. 620, 627). 3 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 4 In this section, the term ‘‘appropriate congressional com5 mittees’’ means— 6 (1) the Committee on Appropriations and the 7 Committee on Energy and Commerce of the House 8 of Representatives; and 9 (2) the Committee on Appropriations and the 10 Committee on Health, Education, Labor and Pen- 11 sions and of the Senate. 12 CENTRALIZED TESTING INFORMATION WEBSITE 13 SEC. 30542. 14 The Secretary shall establish and maintain a public, 15 searchable webpage, to be updated and corrected as nec16 essary through a process established by the Secretary, on 17 the website of the Department of Health and Human 18 Services that— 19 (1) identifies all in vitro diagnostic and sero- 20 logical tests used in the United States to analyze 21 clinical specimens for detection of SARS–CoV–2 or 22 antibodies specific to SARS–CoV–2, including— 23 (A) those tests— 24 (i) that are approved, cleared, or au- 25 thorized under section 510(k), 513, 515, or 26 564 of the Federal Food, Drug, and Cos- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00492 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 493 1 metic Act (21 U.S.C. 360(k), 360c, 360e, 2 360bbb–3); 3 (ii) that have been validated by the 4 test’s developers for use on clinical speci- 5 mens and for which the developer has noti- 6 fied the Food and Drug Administration of 7 the developer’s intent to market the test 8 consistent with applicable guidance issued 9 by the Secretary; or 10 (iii) that have been developed and au- 11 thorized by a State that has notified the 12 Secretary of the State’s intention to review 13 tests intended to diagnose COVID–19; and 14 (B) other SARS–CoV–2-related tests that 15 the Secretary determines appropriate in guid- 16 ance, which may include tests related to the 17 monitoring of COVID–19 patient status; 18 (2) provides relevant information, as deter- 19 mined by the Secretary, on each test identified pur- 20 suant to paragraph (1), which may include— 21 (A) the name and contact information of 22 the developer of the test; 23 (B) the date of receipt of notification by 24 the Food and Drug Administration of the devel- 25 oper’s intent to market the test; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00493 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 494 1 (C) the date of authorization for use of the 2 test on clinical specimens, where applicable; 3 (D) the letter of authorization for use of 4 the test on clinical specimens, where applicable; 5 (E) any fact sheets, manufacturer instruc- 6 tions, and package inserts for the test, includ- 7 ing information on intended use; 8 (F) sensitivity and specificity of the test; 9 and 10 (G) in the case of tests distributed by com- 11 mercial manufacturers, the number of tests dis- 12 tributed and, if available, the number of labora- 13 tories in the United States with the required 14 platforms installed to perform the test; and 15 (3) includes— 16 (A) a list of laboratories certified under 17 section 353 of the Public Health Service Act 18 (42 U.S.C. 263a; commonly referred to as 19 ‘‘CLIA’’) that— 20 (i) meet the regulatory requirements 21 under such section to perform high- or 22 moderate-complexity testing; and 23 (ii) are authorized to perform SARS– 24 CoV–2 diagnostic or serological tests on 25 clinical specimens; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00494 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 495 1 (B) information on each laboratory identi- 2 fied pursuant to subparagraph (A), including— 3 (i) the name and address of the lab- 4 oratory; 5 (ii) the CLIA certificate number; 6 (iii) the laboratory type; 7 (iv) the certificate type; and 8 (v) the complexity level. 9 MANUFACTURER REPORTING OF TEST DISTRIBUTION 10 SEC. 30543. 11 (a) IN GENERAL.—A commercial manufacturer of an 12 in vitro diagnostic or serological COVID–19 test shall, on 13 a weekly basis, submit a notification to the Secretary re14 garding distribution of each such test, which notifica15 tion— 16 (1) shall include the number of tests distributed 17 and the entities to which the tests are distributed; 18 and 19 (2) may include the quantity of such tests dis- 20 tributed by the manufacturer. 21 (b) CONFIDENTIALITY.—Nothing in this section shall 22 be construed as authorizing the Secretary to disclose any 23 information that is a trade secret or confidential informa24 tion subject to section 552(b)(4) of title 5, United States 25 Code, or section 1905 of title 18, United States Code. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00495 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 496 1 (c) FAILURE TO MEET REQUIREMENTS.—If a manu- 2 facturer fails to submit a notification as required under 3 subsection (a), the following applies: 4 (1) The Secretary shall issue a letter to such 5 manufacturer informing such manufacturer of such 6 failure. 7 (2) Not later than 7 calendar days after the 8 issuance of a letter under paragraph (1), the manu- 9 facturer to whom such letter is issued shall submit 10 to the Secretary a written response to such letter— 11 (A) setting forth the basis for noncompli- 12 ance; and 13 (B) providing information as required 14 under subsection (a). 15 (3) Not later than 14 calendar days after the 16 issuance of a letter under paragraph (1), the Sec- 17 retary shall make such letter and any response to 18 such letter under paragraph (2) available to the pub- 19 lic on the internet website of the Food and Drug Ad- 20 ministration, with appropriate redactions made to 21 protect information described in subsection (b). The 22 preceding sentence shall not apply if the Secretary 23 determines that— 24 (A) the letter under paragraph (1) was 25 issued in error; or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00496 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 497 1 (B) after review of such response, the 2 manufacturer had a reasonable basis for not 3 notifying as required under subsection (a). 4 STATE TESTING REPORT 5 SEC. 30544. 6 For any State that authorizes (or intends to author- 7 ize) one or more laboratories in the State to develop and 8 perform in vitro diagnostic COVID–19 tests, the head of 9 the department or agency of such State with primary re10 sponsibility for health shall— 11 12 (1) notify the Secretary of such authorization (or intention to authorize); and 13 14 (2) provide the Secretary with a weekly report— 15 (A) identifying all laboratories authorized 16 (or intended to be authorized) by the State to 17 develop 18 COVID–19 tests; perform in vitro diagnostic 19 (B) including relevant information on all 20 laboratories identified pursuant to subpara- 21 graph (A), which may include information on 22 laboratory testing capacity; 23 (C) identifying all in vitro diagnostic 24 COVID–19 tests developed and approved for 25 clinical use in laboratories identified pursuant 26 to subparagraph (A); and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 and 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00497 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 498 1 (D) including relevant information on all 2 tests identified pursuant to subparagraph (C), 3 which may include— 4 (i) the name and contact information 5 of the developer of any such test; 6 (ii) any fact sheets, manufacturer in- 7 structions, and package inserts for any 8 such test, including information on in- 9 tended use; and 10 (iii) the sensitivity and specificity of 11 any such test. 12 STATE LISTING OF TESTING SITES 13 SEC. 30545. 14 Not later than 14 days after the date of enactment 15 of this Act, any State receiving funding or assistance 16 under this Act, as a condition on such receipt, shall estab17 lish and maintain a public, searchable webpage on the offi18 cial website of the State that— 19 (1) identifies all sites located in the State that 20 provide diagnostic or serological testing for SARS– 21 CoV–2; and 22 (2) provides appropriate contact information for 23 SARS–CoV–2 testing sites pursuant to paragraph 24 (1). 25 26 REPORTING OF COVID–19 TESTING RESULTS SEC. 30546. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 499 1 (a) IN GENERAL.—Every laboratory that performs or 2 analyzes a test that is intended to detect SARS–CoV–2 3 or to diagnose a possible case of COVID–19 shall report 4 daily the number of tests performed and the results from 5 each such test to the Secretary of Health and Human 6 Services and to the Secretary of Homeland Security, in 7 such form and manner as such Secretaries may prescribe. 8 Such information shall be made available to the public in 9 a searchable, electronic format. 10 (b) ADDITIONAL REPORTING REQUIREMENTS.—The 11 Secretaries specified in subsection (a)— 12 (1) may specify additional reporting require- 13 ments under this section by regulation, including by 14 interim final rule, or by guidance; and 15 (2) may issue such regulations or guidance 16 without regard to the procedures otherwise required 17 by section 553 of title 5, United States Code. 18 GAO REPORT ON DIAGNOSTIC TESTS 19 SEC. 30547. 20 (a) GAO STUDY.—Not later than 18 months after 21 the date of enactment of this Act, the Comptroller General 22 of the United States shall submit to the Committee on 23 Energy and Commerce of the House of Representatives 24 and the Committee on Health, Education, Labor and Pen25 sions of the Senate a report describing the response of 26 entities described in subsection (b) to the COVID–19 pang:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00499 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 500 1 demic with respect to the development, regulatory evalua2 tion, and deployment of diagnostic tests. 3 (b) ENTITIES DESCRIBED.—Entities described in 4 this subsection include— 5 (1) laboratories, including public health, aca- 6 demic, clinical, and commercial laboratories; 7 (2) diagnostic test manufacturers; 8 (3) State, local, Tribal, and territorial govern- 9 ments; and 10 (4) the Food and Drug Administration, the 11 Centers for Disease Control and Prevention, the 12 Centers for Medicare & Medicaid Services, the Na- 13 tional Institutes of Health, and other relevant Fed- 14 eral agencies, as appropriate. 15 (c) CONTENTS.—The report under subsection (a) 16 shall include— 17 (1) a description of actions taken by entities de- 18 scribed in subsection (b) to develop, evaluate, and 19 deploy diagnostic tests; 20 (2) an assessment of the coordination of Fed- 21 eral agencies in the development, regulatory evalua- 22 tion, and deployment of diagnostic tests; 23 (3) an assessment of the standards used by the 24 Food and Drug Administration to evaluate diag- 25 nostic tests; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00500 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 501 1 (4) an assessment of the clarity of Federal 2 agency guidance related to testing, including the 3 ability for individuals without medical training to 4 understand which diagnostic tests had been evalu- 5 ated by the Food and Drug Administration; 6 (5) a description of— 7 (A) actions taken and clinical processes 8 employed by States and territories that have 9 authorized laboratories to develop and perform 10 diagnostic tests not authorized, approved, or 11 cleared by the Food and Drug Administration, 12 including actions of such States and territories 13 to evaluate the accuracy and sensitivity of such 14 tests; and 15 (B) the standards used by States and ter- 16 ritories when deciding when to authorize labora- 17 tories to develop or perform diagnostic tests; 18 (6) an assessment of the steps taken by labora- 19 tories and diagnostic test manufacturers to validate 20 diagnostic tests, as well as the evidence collected by 21 such entities to support validation; and 22 (7) based on available reports, an assessment of 23 the accuracy and sensitivity of a representative sam- 24 ple of available diagnostic tests. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00501 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 502 1 (d) DEFINITION.—In this section, the term ‘‘diag- 2 nostic test’’ means an in vitro diagnostic product (as de3 fined in section 809.3(a) of title 21, Code of Federal Regu4 lations) for— 5 (1) the detection of SARS–CoV–2; 6 (2) the diagnosis of the virus that causes 7 COVID–19; or 8 (3) the detection of antibodies specific to 9 SARS–CoV–2, such as a serological test. 10 PUBLIC HEALTH DATA SYSTEM TRANSFORMATION 11 SEC. 30548. 12 Subtitle C of title XXVIII of the Public Health Serv- 13 ice Act (42 U.S.C. 300hh–31 et seq.) is amended by add14 ing at the end the following: 15 ‘‘SEC. 2822. 16 ‘‘(a) EXPANDING CDC PARTMENT 19 DATA SYSTEM TRANS- AND PUBLIC HEALTH DE- CAPABILITIES.— ‘‘(1) IN GENERAL.—The Secretary, acting 20 through the Director of the Centers for Disease 21 Control and Prevention, shall— 22 ‘‘(A) conduct activities to expand, enhance, 23 and improve applicable public health data sys- 24 tems used by the Centers for Disease Control 25 and Prevention, related to the interoperability 26 and improvement of such systems (including as g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 HEALTH FORMATION. 17 18 PUBLIC 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00502 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 503 1 it relates to preparedness for, prevention and 2 detection of, and response to public health 3 emergencies); and 4 ‘‘(B) award grants or cooperative agree- 5 ments to State, local, Tribal, or territorial pub- 6 lic health departments for the expansion and 7 modernization of public health data systems, to 8 assist public health departments in— 9 ‘‘(i) assessing current data infrastruc- 10 ture capabilities and gaps to improve and 11 increase consistency in data collection, 12 storage, and analysis and, as appropriate, 13 to improve dissemination of public health- 14 related information; 15 ‘‘(ii) improving secure public health 16 data collection, transmission, exchange, 17 maintenance, and analysis; 18 ‘‘(iii) improving the secure exchange 19 of data between the Centers for Disease 20 Control and Prevention, State, local, Trib- 21 al, and territorial public health depart- 22 ments, public health organizations, and 23 health care providers, including by public 24 health officials in multiple jurisdictions 25 within such State, as appropriate, and by g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00503 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 504 1 simplifying and supporting reporting by 2 health care providers, as applicable, pursu- 3 ant to State law, including through the use 4 of health information technology; 5 ‘‘(iv) enhancing the interoperability of 6 public health data systems (including sys- 7 tems created or accessed by public health 8 departments) with health information tech- 9 nology, including with health information 10 technology 11 3001(c)(5); under section 12 ‘‘(v) supporting and training data sys- 13 tems, data science, and informatics per- 14 sonnel; 15 ‘‘(vi) supporting earlier disease and 16 health condition detection, such as through 17 near real-time data monitoring, to support 18 rapid public health responses; 19 ‘‘(vii) supporting activities within the 20 applicable jurisdiction related to the expan- 21 sion and modernization of electronic case 22 reporting; and 23 ‘‘(viii) developing and disseminating 24 information related to the use and impor- 25 tance of public health data. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 certified 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00504 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 505 1 ‘‘(2) DATA carrying out para- 2 graph (1), the Secretary, acting through the Direc- 3 tor of the Centers for Disease Control and Preven- 4 tion, shall, as appropriate and in consultation with 5 the Office of the National Coordinator for Health 6 Information Technology, designate data and tech- 7 nology standards (including standards for interoper- 8 ability) for public health data systems, with def- 9 erence given to standards published by consensus- 10 based standards development organizations with 11 public input and voluntary consensus-based stand- 12 ards bodies. 13 ‘‘(3) PUBLIC-PRIVATE PARTNERSHIPS.—The 14 Secretary may develop and utilize public-private 15 partnerships for technical assistance, training, and 16 related implementation support for State, local, 17 Tribal, and territorial public health departments, 18 and the Centers for Disease Control and Prevention, 19 on the expansion and modernization of electronic 20 case reporting and public health data systems, as 21 applicable. 22 ‘‘(b) REQUIREMENTS.— 23 ‘‘(1) HEALTH INFORMATION TECHNOLOGY 24 STANDARDS.—The 25 or cooperative agreement under subsection (a)(1)(B) g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 STANDARDS.—In 12:13 May 12, 2020 Jkt 000000 Secretary may not award a grant (763351 3) PO 00000 Frm 00505 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 506 1 unless the applicant uses or agrees to use standards 2 endorsed by the National Coordinator for Health In- 3 formation 4 3001(c)(1) or adopted by the Secretary under sec- 5 tion 3004. pursuant to section 6 ‘‘(2) WAIVER.—The Secretary may waive the 7 requirement under paragraph (1) with respect to an 8 applicant if the Secretary determines that the activi- 9 ties under subsection (a)(1)(B) cannot otherwise be 10 carried out within the applicable jurisdiction. 11 ‘‘(3) APPLICATION.—A State, local, Tribal, or 12 territorial health department applying for a grant or 13 cooperative agreement under this section shall sub- 14 mit an application to the Secretary at such time and 15 in such manner as the Secretary may require. Such 16 application shall include information describing— 17 ‘‘(A) the activities that will be supported 18 by the grant or cooperative agreement; and 19 ‘‘(B) how the modernization of the public 20 health data systems involved will support or im- 21 pact the public health infrastructure of the 22 health department, including a description of 23 remaining gaps, if any, and the actions needed 24 to address such gaps. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 Technology 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00506 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 507 1 ‘‘(c) STRATEGY AND IMPLEMENTATION PLAN.—Not 2 later than 180 days after the date of enactment of this 3 section, the Secretary, acting through the Director of the 4 Centers for Disease Control and Prevention, shall submit 5 to the Committee on Health, Education, Labor and Pen6 sions of the Senate and the Committee on Energy and 7 Commerce of the House of Representatives a coordinated 8 strategy and an accompanying implementation plan that 9 identifies and demonstrates the measures the Secretary 10 will utilize to— 11 ‘‘(1) update and improve applicable public 12 health data systems used by the Centers for Disease 13 Control and Prevention; and 14 ‘‘(2) carry out the activities described in this 15 section to support the improvement of State, local, 16 Tribal, and territorial public health data systems. 17 ‘‘(d) CONSULTATION.—The Secretary, acting 18 through the Director of the Centers for Disease Control 19 and Prevention, shall consult with State, local, Tribal, and 20 territorial health departments, professional medical and 21 public health associations, associations representing hos22 pitals or other health care entities, health information 23 technology experts, and other appropriate public or private 24 entities regarding the plan and grant program to mod25 ernize public health data systems pursuant to this section. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 508 1 Activities under this subsection may include the provision 2 of technical assistance and training related to the ex3 change of information by such public health data systems 4 used by relevant health care and public health entities at 5 the local, State, Federal, Tribal, and territorial levels, and 6 the development and utilization of public-private partner7 ships for implementation support applicable to this sec8 tion. 9 ‘‘(e) REPORT TO CONGRESS.—Not later than 1 year 10 after the date of enactment of this section, the Secretary 11 shall submit a report to the Committee on Health, Edu12 cation, Labor and Pensions of the Senate and the Com13 mittee on Energy and Commerce of the House of Rep14 resentatives that includes— 15 ‘‘(1) a description of any barriers to— 16 ‘‘(A) health authorities imple- 17 menting interoperable public health data sys- 18 tems and electronic case reporting; 19 ‘‘(B) the exchange of information pursuant 20 to electronic case reporting; or 21 ‘‘(C) reporting by health care providers 22 using such public health data systems, as ap- 23 propriate, and pursuant to State law; 24 ‘‘(2) an assessment of the potential public 25 health impact of implementing electronic case re- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 public 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00508 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 509 1 porting and interoperable public health data sys- 2 tems; and 3 ‘‘(3) a description of the activities carried out 4 pursuant to this section. 5 ‘‘(f) ELECTRONIC CASE REPORTING.—In this sec- 6 tion, the term ‘electronic case reporting’ means the auto7 mated identification, generation, and bilateral exchange of 8 reports of health events among electronic health record or 9 health information technology systems and public health 10 authorities. 11 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To 12 carry out this section, there are authorized to be appro13 priated $450,000,000 to remain available until ex14 pended.’’. 15 PILOT PROGRAM TO IMPROVE LABORATORY 16 INFRASTRUCTURE 17 SEC. 30549. 18 (a) IN GENERAL.—The Secretary shall award grants 19 to States and political subdivisions of States to support 20 the improvement, renovation, or modernization of infra21 structure at clinical laboratories (as defined in section 353 22 of the Public Health Service Act (42 U.S.C. 263a)) that 23 will help to improve SARS–CoV–2 and COVID–19 testing 24 and response activities, including the expansion and en25 hancement of testing capacity at such laboratories. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00509 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 510 1 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 2 out this section, there is authorized to be appropriated 3 $1,000,000,000 to remain available until expended. 4 CORE PUBLIC HEALTH INFRASTRUCTURE FOR STATE, 5 LOCAL, TRIBAL, AND TERRITORIAL HEALTH DE- 6 PARTMENTS 7 SEC. 30550. 8 (a) PROGRAM.—The Secretary, acting through the 9 Director of the Centers for Disease Control and Preven10 tion, shall establish a core public health infrastructure 11 program consisting of awarding grants under subsection 12 (b). 13 (b) GRANTS.— 14 (1) AWARD.—For the purpose of addressing 15 core public health infrastructure needs, the Sec- 16 retary— 17 (A) shall award a grant to each State 18 health department; and 19 (B) may award grants on a competitive 20 basis to State, local, Tribal, or territorial health 21 departments. 22 (2) ALLOCATION.—Of the total amount of 23 funds awarded as grants under this subsection for a 24 fiscal year— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00510 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 511 1 (A) not less than 50 percent shall be for 2 grants to State health departments under para- 3 graph (1)(A); and 4 (B) not less than 30 percent shall be for 5 grants to State, local, Tribal, or territorial 6 health departments under paragraph (1)(B). 7 (c) USE OF FUNDS.—A State, local, Tribal, or terri- 8 torial health department receiving a grant under sub9 section (b) shall use the grant funds to address core public 10 health infrastructure needs, including those identified in 11 the accreditation process under subsection (g). 12 13 (d) FORMULA GRANTS MENTS.—In TO STATE HEALTH DEPART- making grants under subsection (b)(1)(A), 14 the Secretary shall award funds to each State health de15 partment in accordance with— 16 (1) a formula based on population size; burden 17 of preventable disease and disability; and core public 18 health infrastructure gaps, including those identified 19 in the accreditation process under subsection (g); 20 and 21 (2) application requirements established by the 22 Secretary, including a requirement that the State 23 health department submit a plan that demonstrates 24 to the satisfaction of the Secretary that the State’s 25 health department will— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00511 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 512 1 (A) address its highest priority core public 2 health infrastructure needs; and 3 (B) as appropriate, allocate funds to local 4 health departments within the State. 5 6 (e) COMPETITIVE GRANTS AL, AND TO STATE, LOCAL, TRIB- TERRITORIAL HEALTH DEPARTMENTS.—In 7 making grants under subsection (b)(1)(B), the Secretary 8 shall give priority to applicants demonstrating core public 9 health infrastructure needs identified in the accreditation 10 process under subsection (g). 11 (f) MAINTENANCE OF EFFORT.—The Secretary may 12 award a grant to an entity under subsection (b) only if 13 the entity demonstrates to the satisfaction of the Sec14 retary that— 15 (1) funds received through the grant will be ex- 16 pended only to supplement, and not supplant, non- 17 Federal and Federal funds otherwise available to the 18 entity for the purpose of addressing core public 19 health infrastructure needs; and 20 (2) with respect to activities for which the grant 21 is awarded, the entity will maintain expenditures of 22 non-Federal amounts for such activities at a level 23 not less than the level of such expenditures main- 24 tained by the entity for the fiscal year preceding the 25 fiscal year for which the entity receives the grant. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00512 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 513 1 2 (g) ESTABLISHMENT OF A PUBLIC HEALTH ACCREDITATION 3 PROGRAM.— (1) IN GENERAL.—The Secretary shall— 4 (A) develop, and periodically review and 5 update, standards for voluntary accreditation of 6 State, local, Tribal, and territorial health de- 7 partments and public health laboratories for the 8 purpose of advancing the quality and perform- 9 ance of such departments and laboratories; and 10 (B) implement a program to accredit such 11 health departments and laboratories in accord- 12 ance with such standards. 13 (2) COOPERATIVE AGREEMENT.—The Secretary 14 may enter into a cooperative agreement with a pri- 15 vate nonprofit entity to carry out paragraph (1). 16 (h) REPORT.—The Secretary shall submit to the Con- 17 gress an annual report on progress being made to accredit 18 entities under subsection (g), including— 19 (1) a strategy, including goals and objectives, 20 for accrediting entities under subsection (g) and 21 achieving the purpose described in subsection 22 (g)(1)(A); 23 24 (2) identification of gaps in research related to core public health infrastructure; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 514 1 (3) recommendations of priority areas for such 2 research. 3 (i) DEFINITION.—In this section, the term ‘‘core pub- 4 lic health infrastructure’’ includes— 5 (1) workforce capacity and competency; 6 (2) laboratory systems; 7 (3) testing capacity, including test platforms, 8 mobile testing units, and personnel; 9 (4) health information, health information sys- 10 tems, and health information analysis; 11 (5) disease surveillance; 12 (6) contact tracing; 13 (7) communications; 14 (8) financing; 15 (9) other relevant components of organizational 16 capacity; and 17 (10) other related activities. 18 (j) AUTHORIZATION OF APPROPRIATIONS.—To carry 19 out this section, there are authorized to be appropriated 20 $6,000,000,000, to remain available until expended. 21 CORE PUBLIC HEALTH INFRASTRUCTURE AND ACTIVITIES 22 FOR CDC 23 SEC. 30551. 24 (a) IN GENERAL.—The Secretary, acting through the 25 Director of the Centers for Disease Control and Preven26 tion, shall expand and improve the core public health ing:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00514 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 515 1 frastructure and activities of the Centers for Disease Con2 trol and Prevention to address unmet and emerging public 3 health needs. 4 (b) REPORT.—The Secretary shall submit to the Con- 5 gress an annual report on the activities funded through 6 this section. 7 (c) DEFINITION.—In this section, the term ‘‘core 8 public health infrastructure’’ has the meaning given to 9 such term in section 30550. 10 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 11 out this section, there is authorized to be appropriated 12 $1,000,000,000, to remain available until expended. 13 Subtitle D—COVID–19 National Testing and Contact 14 Tracing Initiative 15 NATIONAL SYSTEM FOR COVID–19 TESTING, CONTACT 16 TRACING, SURVEILLANCE, CONTAINMENT, AND MITI- 17 GATION 18 SEC. 30561. 19 (a) IN GENERAL.—The Secretary, acting through the 20 Director of the Centers for Disease Control and Preven21 tion, and in coordination with State, local, Tribal, and ter22 ritorial health departments, shall establish and implement 23 a nationwide evidence-based system for— 24 (1) testing, contact tracing, surveillance, con- 25 tainment, and mitigation with respect to COVID–19; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00515 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 516 1 (2) offering guidance on voluntary isolation and 2 quarantine of individuals infected with, or exposed to 3 individuals infected with, the virus that causes 4 COVID–19; and 5 (3) public reporting on testing, contact tracing, 6 surveillance, and voluntary isolation and quarantine 7 activities with respect to COVID–19. 8 (b) COORDINATION; TECHNICAL ASSISTANCE.—In 9 carrying out the national system under this section, the 10 Secretary shall— 11 (1) coordinate State, local, Tribal, and terri- 12 torial activities related to testing, contact tracing, 13 surveillance, containment, and mitigation with re- 14 spect to COVID–19, as appropriate; and 15 (2) provide technical assistance for such activi- 16 ties, as appropriate. 17 (c) CONSIDERATION.—In establishing and imple- 18 menting the national system under this section, the Sec19 retary shall take into consideration— 20 (1) the State plans referred to in the heading 21 ‘‘Public Health and Social Services Emergency 22 Fund’’ in title I of division B of the Paycheck Pro- 23 tection Program and Health Care Enhancement Act 24 (Public Law 116–139); and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00516 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 517 1 (2) the testing strategy submitted under section 2 30541. 3 (d) REPORTING.—The Secretary shall— 4 (1) not later than December 31, 2020, submit 5 to the Committee on Energy and Commerce of the 6 House of Representatives and the Committee on 7 Health, Education, Labor and Pensions a prelimi- 8 nary report on the effectiveness of the activities car- 9 ried out pursuant to this subtitle; and 10 (2) not later than December 21, 2021, submit 11 to such committees a final report on such effective- 12 ness. 13 GRANTS 14 SEC. 30562. 15 (a) IN GENERAL.—To implement the national system 16 under section 30561, the Secretary, acting through the 17 Director of the Centers for Disease Control and Preven18 tion, shall, subject to the availability of appropriations, 19 award grants to State, local, Tribal, and territorial health 20 departments that seek grants under this section to carry 21 out coordinated testing, contact tracing, surveillance, con22 tainment, and mitigation with respect to COVID–19, in23 cluding— 24 25 (1) diagnostic and surveillance testing and reporting; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00517 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 518 1 2 (2) community-based contact tracing efforts; and 3 (3) policies related to voluntary isolation and 4 quarantine of individuals infected with, or exposed to 5 individuals infected with, the virus that causes 6 COVID–19. 7 (b) FLEXIBILITY.—The Secretary shall ensure that— 8 (1) the grants under subsection (a) provide 9 flexibility for State, local, Tribal, and territorial 10 health departments to modify, establish, or maintain 11 evidence-based systems; and 12 (2) local health departments receive funding 13 from State health departments or directly from the 14 Centers for Disease Control and Prevention to con- 15 tribute to such systems, as appropriate. 16 (c) ALLOCATIONS.— 17 (1) FORMULA.—The Secretary, acting through 18 the Director of the Centers for Disease Control and 19 Prevention, shall allocate amounts made available 20 pursuant to subsection (a) in accordance with a for- 21 mula to be established by the Secretary that pro- 22 vides a minimum level of funding to each State, 23 local, Tribal, and territorial health department that 24 seeks a grant under this section and allocates addi- 25 tional funding based on the following prioritization: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00518 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 519 1 (A) The Secretary shall give highest pri- 2 ority to applicants proposing to serve popu- 3 lations in one or more geographic regions with 4 a high burden of COVID–19 based on data pro- 5 vided by the Centers for Disease Control and 6 Prevention, or other sources as determined by 7 the Secretary. 8 (B) The Secretary shall give second high- 9 est priority to applicants preparing for, or cur- 10 rently working to mitigate, a COVID–19 surge 11 in a geographic region that does not yet have 12 a high number of reported cases of COVID–19 13 based on data provided by the Centers for Dis- 14 ease Control and Prevention, or other sources 15 as determined by the Secretary. 16 (C) The Secretary shall give third highest 17 priority to applicants proposing to serve high 18 numbers of low-income and uninsured popu- 19 lations, including medically underserved popu- 20 lations (as defined in section 330(b)(3) of the 21 Public 22 254b(b)(3))), health professional shortage areas 23 (as defined under section 332(a) of the Public 24 Health Service Act (42 U.S.C. 254e(a))), racial g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 Health Service Act (42 U.S.C. (763351 3) PO 00000 Frm 00519 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 520 1 and ethnic minorities, or geographically diverse 2 areas, as determined by the Secretary. 3 (2) NOTIFICATION.—Not later than the date 4 that is one week before first awarding grants under 5 this section, the Secretary shall submit to the Com- 6 mittee on Energy and Commerce of the House of 7 Representatives and the Committee on Health, Edu- 8 cation, Labor and Pensions of the Senate a notifica- 9 tion detailing the formula established under para- 10 graph (1) for allocating amounts made available pur- 11 suant to subsection (a). 12 (d) USE OF FUNDS.—A State, local, Tribal, and ter- 13 ritorial health department receiving a grant under this 14 section shall, to the extent possible, use the grant funds 15 for the following activities, or other activities deemed ap16 propriate by the Director of the Centers for Disease Con17 trol and Prevention: 18 19 (1) TESTING.—To implement a coordinated testing system that— 20 (A) leverages or modernizes existing test- 21 ing infrastructure and capacity; 22 (B) is consistent with the updated testing 23 strategy required under section 30541; 24 (C) is coordinated with the State plan for 25 COVID–19 testing prepared as required under g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00520 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 521 1 the heading ‘‘Department of Health and 2 Human Services—Office of the Secretary— 3 Public Health and Social Service Emergency 4 Fund’’ in title I of division B of the Paycheck 5 Protection Program and Health Care Enhance- 6 ment Act (Public Law 116–139; 134 Stat. 620, 7 624); 8 (D) is informed by contact tracing and 9 surveillance activities under this subtitle; 10 (E) is informed by guidelines established 11 by the Centers for Disease Control and Preven- 12 tion for which populations should be tested; 13 (F) identifies how diagnostic and sero- 14 logical tests in such system shall be validated 15 prior to use; 16 (G) identifies how diagnostic and sero- 17 logical tests and testing supplies will be distrib- 18 uted to implement such system; 19 (H) identifies specific strategies for ensur- 20 ing testing capabilities and accessibility in 21 medically underserved populations (as defined 22 in section 330(b)(3) of the Public Health Serv- 23 ice Act (42 U.S.C. 254b(b)(3))), health profes- 24 sional shortage areas (as defined under section 25 332(a) of the Public Health Service Act (42 g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00521 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 522 1 U.S.C. 254e(a))), racial and ethnic minority 2 populations, and geographically diverse areas, 3 as determined by the Secretary; 4 (I) identifies how testing may be used, and 5 results may be reported, in both health care set- 6 tings (such as hospitals, laboratories for mod- 7 erate or high-complexity testing, pharmacies, 8 mobile testing units, and community health cen- 9 ters) and non-health care settings (such as 10 workplaces, schools, childcare centers, or drive- 11 throughs); 12 (J) allows for testing in sentinel surveil- 13 lance programs, as appropriate; and 14 (K) supports the procurement and dis- 15 tribution of diagnostic and serological tests and 16 testing supplies to meet the goals of the system. 17 (2) CONTACT 18 implement a co- ordinated contact tracing system that— 19 (A) leverages or modernizes existing con- 20 tact tracing systems and capabilities, including 21 community health workers, health departments, 22 and Federally qualified health centers; 23 (B) is able to investigate cases of COVID– 24 19, and help to identify other potential cases of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TRACING.—To 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 523 1 COVID–19, through tracing contacts of individ- 2 uals with positive diagnoses; 3 (C) establishes culturally competent and 4 multilingual strategies for contact tracing, 5 which may include consultation with and sup- 6 port for cultural or civic organizations with es- 7 tablished ties to the community; 8 (D) provides individuals identified under 9 the contact tracing program with information 10 and support for containment or mitigation; 11 (E) enables State, local, Tribal, and terri- 12 torial health departments to work with a non- 13 governmental, community partner or partners 14 and State and local workforce development sys- 15 tems (as defined in section 3(67) of Workforce 16 Innovation and Opportunity Act (29 U.S.C. 17 3102(67))) 18 30566(b) of this Act to hire and compensate a 19 locally-sourced contact tracing workforce, if 20 necessary, to supplement the public health 21 workforce, to— grants under section 22 (i) identify the number of contact 23 tracers needed for the respective State, lo- 24 cality, territorial, or Tribal health depart- 25 ment to identify all cases of COVID–19 g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 receiving 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00523 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 524 1 currently in the jurisdiction and those an- 2 ticipated to emerge over the next 18 3 months in such jurisdiction; 4 (ii) outline qualifications necessary for 5 contact tracers; 6 (iii) train the existing and newly hired 7 public health workforce on best practices 8 related to tracing close contacts of individ- 9 uals diagnosed with COVID–19, including 10 the protection of individual privacy and cy- 11 bersecurity protection; and 12 (iv) equip the public health workforce 13 with tools and resources to enable a rapid 14 response to new cases; 15 (F) identifies the level of contact tracing 16 needed within the State, locality, territory, or 17 Tribal area to contain and mitigate the trans- 18 mission of COVID–19; 19 (G) establishes statewide mechanisms to 20 integrate regular evaluation to the Centers for 21 Disease Control and Prevention regarding con- 22 tact tracing efforts, makes such evaluation pub- 23 licly available, and to the extent possible pro- 24 vides for such evaluation at the county level; 25 and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00524 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 525 1 (H) identifies specific strategies for ensur- 2 ing contact tracing activities in medically un- 3 derserved populations (as defined in section 4 330(b)(3) of the Public Health Service Act (42 5 U.S.C. 254b(b)(3))), health professional short- 6 age areas (as defined under section 332(a) of 7 the Public Health Service Act (42 U.S.C. 8 254e(a))), racial and ethnic minority popu- 9 lations, and geographically diverse areas, as de- 10 termined by the Secretary. 11 (3) SURVEILLANCE.—To strengthen the exist- 12 ing public health surveillance system that— 13 (A) leverages or modernizes existing sur- 14 veillance systems within the respective State, 15 local, Tribal, or territorial health department 16 and national surveillance systems; 17 (B) 18 and identifies trends in COVID–19 at the county level; 19 (C) evaluates State, local, Tribal, and ter- 20 ritorial health departments in achieving surveil- 21 lance capabilities with respect to COVID–19; 22 (D) integrates and improves disease sur- 23 veillance and immunization tracking; and 24 (E) identifies specific strategies for ensur- 25 ing disease surveillance in medically under- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 detects 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00525 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 526 1 served populations (as defined in section 2 330(b)(3) of the Public Health Service Act (42 3 U.S.C. 254b(b)(3))), health professional short- 4 age areas (as defined under section 332(a) of 5 the Public Health Service Act (42 U.S.C. 6 254e(a))), racial and ethnic minority popu- 7 lations, and geographically diverse areas, as de- 8 termined by the Secretary. 9 (4) CONTAINMENT im- 10 plement a coordinated containment and mitigation 11 system that— 12 (A) leverages or modernizes existing con- 13 tainment and mitigation strategies within the 14 respective State, local, Tribal, or territorial gov- 15 ernments and national containment and mitiga- 16 tion strategies; 17 (B) may provide for, connect to, and lever- 18 age existing social services and support for indi- 19 viduals who have been infected with or exposed 20 to COVID–19 and who are isolated or quar- 21 antined in their homes, such as through— 22 (i) food assistance programs; 23 (ii) guidance for household infection 24 control; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AND MITIGATION.—To 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00526 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 527 1 (iii) information and assistance with 2 childcare services; and 3 (iv) information and assistance per- 4 taining to support available under the 5 CARES Act (Public Law 116–136) and 6 this Act; 7 (C) provides guidance on the establishment 8 of safe, high-quality, facilities for the voluntary 9 isolation of individuals infected with, or quar- 10 antine of the contacts of individuals exposed to 11 COVID–19, where hospitalization is not re- 12 quired, which facilities should— 13 (i) be prohibited from making inquir- 14 ies relating to the citizenship status of an 15 individual isolated or quarantined; and 16 (ii) be operated by a non-Federal, 17 community partner or partners that— 18 (I) have previously established re- 19 lationships in localities; 20 (II) work with local places of 21 worship, community centers, medical 22 facilities, and schools to recruit local 23 staff for such facilities; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00527 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 528 1 (III) are fully integrated into 2 State, local, Tribal, or territorial con- 3 tainment and mitigation efforts; and 4 (D) identifies specific strategies for ensur- 5 ing containment and mitigation activities in 6 medically underserved populations (as defined 7 in section 330(b)(3) of the Public Health Serv- 8 ice Act (42 U.S.C. 254b(b)(3))), health profes- 9 sional shortage areas (as defined under section 10 332(a) of the Public Health Service Act (42 11 U.S.C. 254e(a))), racial and ethnic minority 12 populations, and geographically diverse areas, 13 as determined by the Secretary. 14 (e) REPORTING.—The Secretary shall facilitate 15 mechanisms for timely, standardized reporting by grantees 16 under this section regarding implementation of the sys17 tems established under this section and coordinated proc18 esses with the reporting as required and under the heading 19 ‘‘Department of Health and Human Services—Office of 20 the Secretary—Public Health and Social Service Emer21 gency Fund’’ in title I of division B of the Paycheck Pro22 tection Program and Health Care Enhancement Act (Pub23 lic Law 116–139, 134 Stat. 620), including— 24 (1) a summary of county or local health depart- 25 ment level information from the States receiving g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00528 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 529 1 funding, and information from directly funded local- 2 ities, territories, and Tribal entities, about the activi- 3 ties that will be undertaken using funding awarded 4 under this section, including subgrants; 5 (2) any anticipated shortages of required mate- 6 rials for testing for COVID–19 under subsection (a); 7 and 8 9 10 (3) other barriers in the prevention, mitigation, or treatment of COVID–19 under this section. (f) PUBLIC LISTING OF AWARDS.—The Secretary 11 shall— 12 (1) not later than 7 days after first awarding 13 grants under this section, post in a searchable, elec- 14 tronic format a list of all awards made by the Sec- 15 retary under this section, including the recipients 16 and amounts of such awards; and 17 (2) update such list not less than every 7 days 18 until all funds made available to carry out this sec- 19 tion are expended. 20 GUIDANCE, TECHNICAL ASSISTANCE, INFORMATION, AND 21 COMMUNICATION 22 SEC. 30563. 23 (a) IN GENERAL.— Not later than 14 days after the 24 date of the enactment of this Act, the Secretary, in coordi25 nation with other Federal agencies, as appropriate, shall 26 issue guidance, provide technical assistance, and provide g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00529 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 530 1 information to States, localities, Tribes, and territories, 2 with respect to the following: 3 (1) The diagnostic and serological testing of in- 4 dividuals identified through contact tracing for 5 COVID–19, including information with respect to 6 the reduction of duplication related to programmatic 7 activities, reporting, and billing. 8 (2) Best practices regarding contact tracing, in- 9 cluding the collection of data with respect to such 10 contact tracing and requirements related to the 11 standardization of demographic and syndromic infor- 12 mation collected as part of contact tracing efforts. 13 (3) Best practices regarding COVID–19 disease 14 surveillance, including best practices to reduce dupli- 15 cation in surveillance activities, identifying gaps in 16 surveillance and surveillance systems, and ways in 17 which the Secretary plans to effectively support 18 State, local, Tribal and territorial health depart- 19 ments in addressing such gaps. 20 (4) Information on ways for State, local, Tribal, 21 and territorial health departments to establish and 22 maintain the testing, contact tracing, and surveil- 23 lance activities described in paragraphs (1) through 24 (3). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00530 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 531 1 (5) The protection of any personally identifiable 2 health information collected pursuant to this sub- 3 title. 4 (6) Best practices regarding privacy and cyber- 5 security protection related to contact tracing, con- 6 tainment, and mitigation efforts. 7 (b) GUIDANCE ON PAYMENT.—Not later than 14 8 days after the date of the enactment of this Act, the Sec9 retary, in coordination with the Administrator of the Cen10 ters for Medicare & Medicaid Services, the Director of the 11 Centers for Disease Control and Prevention, and in coordi12 nation with other Federal agencies, as appropriate, shall 13 develop and issue to State, local, Tribal, and territorial 14 health departments clear guidance and policies— 15 (1) with respect to the coordination of claims 16 submitted for payment out of the Public Health and 17 Social Services Emergency Fund for services fur- 18 nished 19 30562(d)(4)(C); 20 21 a facility referred to in section (2) identifying how an individual who is isolated or quarantined at home or in such a facility— 22 (A) incurs no out-of-pocket costs for any 23 services furnished to such individual while iso- 24 lated; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 in 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00531 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 532 1 (B) may receive income support for lost 2 earnings or payments for expenses such as child 3 care or elder care while such individual is iso- 4 lated at home or in such a facility; 5 (3) providing information and assistance per- 6 taining to support available under the CARES Act 7 (Public Law 116–136) and this Act; and 8 (4) identifying State, local, Tribal, and terri- 9 torial health departments or partner agencies that 10 may provide social support services, such as gro- 11 ceries or meals, health education, internet access, 12 and behavioral health services, to individuals who 13 isolated or quarantined at home or in such a facility. 14 (c) GUIDANCE ON TESTING.—Not later than 14 days 15 after the date of the enactment of this Act, the Secretary, 16 in coordination with the Commissioner of Food and 17 Drugs, the Director of the National Institutes of Health, 18 and the Director of the Centers for Disease Control and 19 Prevention, and in coordination with other Federal agen20 cies as appropriate, shall develop and issue to State, local, 21 Tribal, and territorial health departments clear guidance 22 and policies regarding— 23 (1) objective standards to characterize the per- 24 formance of all diagnostic and serological tests for g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 533 1 COVID–19 in order to independently evaluate tests 2 continuously over time; 3 (2) protocols for the evaluation of the perform- 4 ance of diagnostic and serological tests for COVID– 5 19; and 6 (3) a repository of characterized specimens to 7 use to evaluate the performance of those tests that 8 can be made available for appropriate entities to use 9 to evaluate performance. 10 (d) COMMUNICATION.—The Secretary shall identify 11 and publicly announce the form and manner for commu12 nication with State, local, Tribal, and territorial health de13 partments for purposes of carrying out the activities ad14 dressed by guidance issued under subsections (a) and (b). 15 (e) AVAILABILITY TO PROVIDERS.—Guidance issued 16 under subsection (a)(1) shall be issued to health care pro17 viders. 18 19 (f) ONGOING PROVISION NICAL OF GUIDANCE AND TECH- ASSISTANCE.—Notwithstanding whether funds are 20 available specifically to carry out this subtitle, guidance 21 and technical assistance shall continue to be provided 22 under this section. 23 RESEARCH AND DEVELOPMENT 24 SEC. 30564. 25 The Secretary, in coordination with the Director of 26 the Centers for Disease Control and Prevention and in colg:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00533 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 534 1 laboration with the Director of the National Institutes of 2 Health, the Director of the Agency for Healthcare Re3 search and Quality, the Commissioner of Food and Drugs, 4 and the Administrator of the Centers for Medicare & Med5 icaid Services, shall support research and development on 6 more efficient and effective strategies— 7 8 (1) for the surveillance of SARS–CoV–2 and COVID–19; 9 10 (2) for the testing and identification of individuals infected with COVID–19; and 11 12 (3) for the tracing of contacts of individuals infected with COVID–19. 13 AWARENESS CAMPAIGNS 14 SEC. 30565. 15 The Secretary, acting through the Director of the 16 Centers for Disease Control and Prevention and in coordi17 nation with other offices and agencies, as appropriate, 18 shall award competitive grants or contracts to one or more 19 public or private entities, including faith-based organiza20 tions, to carry out multilingual and culturally appropriate 21 awareness campaigns. Such campaigns shall— 22 (1) be based on available scientific evidence; 23 (2) increase awareness and knowledge of 24 COVID–19, including countering stigma associated 25 with COVID–19; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00534 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 535 1 2 (3) improve information on the availability of COVID–19 diagnostic testing; and 3 4 5 (4) promote cooperation with contact tracing efforts. GRANTS TO STATE AND TRIBAL WORKFORCE AGENCIES 6 SEC. 30566. 7 (a) DEFINITIONS.—In this section: 8 (1) IN as otherwise pro- 9 vided, the terms in this section have the meanings 10 given the terms in section 3 of the Workforce Inno- 11 vation and Opportunity Act (29 U.S.C. 3102). 12 (2) APPRENTICESHIP; APPRENTICESHIP PRO- 13 GRAM.—The 14 ship program’’ means an apprenticeship program 15 registered under the Act of August 16, 1937 (com- 16 monly known as the ‘‘National Apprenticeship Act’’) 17 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), 18 including any requirement, standard, or rule promul- 19 gated under such Act, as such requirement, stand- 20 ard, or rule was in effect on December 30, 2019. 21 term ‘‘apprenticeship’’ or ‘‘apprentice- (3) CONTACT TRACING AND RELATED POSI- 22 TIONS.—The 23 tions’’ means employment related to contact tracing, 24 surveillance, containment, and mitigation activities 25 as described in paragraphs (2), (3), and (4) of sec- 26 tion 30562(d). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Except 12:13 May 12, 2020 Jkt 000000 term ‘‘contact tracing and related posi- (763351 3) PO 00000 Frm 00535 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 536 1 2 (4) ELIGIBLE term ‘‘eligible enti- ty’’ means— 3 (A) a State or territory, including the Dis- 4 trict of Columbia and Puerto Rico; 5 (B) an Indian Tribe, Tribal organization, 6 Alaska Native entity, Indian-controlled organi- 7 zations serving Indians, or Native Hawaiian or- 8 ganizations; 9 (C) an outlying area; or 10 (D) a local board, if an eligible entity 11 under subparagraphs (A) through (C) has not 12 applied with respect to the area over which the 13 local board has jurisdiction as of the date on 14 which the local board submits an application 15 under subsection (c). 16 (5) ELIGIBLE INDIVIDUAL.—Notwithstanding 17 section 170(b)(2) of the Workforce Innovation and 18 Opportunity Act (29 U.S.C. 3225(b)(2)), the term 19 ‘‘eligible individual’’ means an individual seeking or 20 securing employment in contact tracing or related 21 positions and is served by an eligible entity or com- 22 munity-based organization receiving funding under 23 this section. 24 25 (6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Labor. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ENTITY.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00536 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 537 1 (b) GRANTS.— 2 (1) IN to the availability of 3 appropriations under subsection (g), the Secretary 4 shall award national dislocated worker grants under 5 section 170(b)(1)(B) of the Workforce Innovation 6 and Opportunity Act (29 U.S.C. 3225(b)(1)(B)) to 7 each eligible entity that seeks a grant to assist local 8 boards and community-based organizations in car- 9 rying out activities under subsections (f) and (d), re- 10 spectively, for the following purposes: 11 (A) To support the recruitment, place- 12 ment, and training, as applicable, of eligible in- 13 dividuals seeking employment in contact tracing 14 and related positions in accordance with the na- 15 tional system for COVID–19 testing, contact 16 tracing, surveillance, containment, and mitiga- 17 tion established under section 30561. 18 (B) To assist with the employment transi- 19 tion to new employment or education and train- 20 ing of individuals employed under this section 21 in preparation for and upon termination of such 22 employment. 23 (2) TIMELINE.—The Secretary of Labor shall— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Subject 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00537 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 538 1 (A) issue application requirements under 2 subsection (c) not later than 10 days after the 3 date of enactment of this section; and 4 (B) award grants to an eligible entity 5 under paragraph (1) not later than 10 days 6 after the date on which the Secretary receives 7 an application from such entity. 8 (c) GRANT APPLICATION.—An eligible entity apply- 9 ing for a grant under this section shall submit an applica10 tion to the Secretary, at such time and in such form and 11 manner as the Secretary may reasonably require, which 12 shall include a description of— 13 (1) how the eligible entity will support the re- 14 cruitment, placement, and training, as applicable, of 15 eligible individuals seeking employment in contact 16 tracing and related positions by partnering with— 17 (A) a State, local, Tribal, or territorial 18 health department; or 19 (B) one or more nonprofit or community- 20 based organizations partnering with such health 21 departments; 22 (2) how the activities described in paragraph 23 (1) will support State efforts to address the demand 24 for contact tracing and related positions with respect 25 to— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00538 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 539 1 (A) the State plans referred to in the head- 2 ing ‘‘Public Health and Social Services Emer- 3 gency Fund’’ in title I of division B of the Pay- 4 check Protection Program and Health Care En- 5 hancement Act (Public Law 116–139); 6 (B) the testing strategy submitted under 7 section 30541; and 8 (C) the number of eligible individuals that 9 the State plans to recruit and train under the 10 plans and strategies described in subparagraphs 11 (A) and (B); 12 (3) the specific strategies for recruiting and 13 placement of eligible individuals from or residing 14 within the communities in which they will work, in- 15 cluding— 16 (A) plans for the recruitment of eligible in- 17 dividuals to serve as contact tracers and related 18 positions, including dislocated workers, individ- 19 uals with barriers to employment, veterans, new 20 entrants in the workforce, or underemployed or 21 furloughed workers, who are from or reside in 22 or near the local area in which they will serve, 23 and who, to the extent practicable— 24 (i) have experience or a background in 25 industry-sectors and occupations such as g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00539 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 540 1 public health, social services, customer 2 service, case management, or occupations 3 that require related qualifications, skills, or 4 competencies, such as strong interpersonal 5 and communication skills, needed for con- 6 tact tracing or related positions, as de- 7 scribed in section 30562(d)(2)(E)(ii); or 8 (ii) seek to transition to public health 9 and public health related occupations upon 10 the conclusion of employment in contact 11 tracing or related positions; and 12 (B) how such strategies will take into ac- 13 count the diversity of such community, includ- 14 ing racial, ethnic, socioeconomic, linguistic, or 15 geographic diversity; 16 (4) the amount, timing, and mechanisms for 17 distribution of funds provided to local boards or 18 through subgrants as described in subsection (d); 19 (5) for eligible entities described in subpara- 20 graphs (A) through (C) of subsection (a)(4), a de- 21 scription of how the eligible entity will ensure the eq- 22 uitable distribution of funds with respect to— 23 (A) geography (such as urban and rural 24 distribution); g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00540 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 541 1 (B) medically underserved populations (as 2 defined in section 33(b)(3) of the Public Health 3 Service Act (42 U.S.C. 254b(b))); 4 (C) health professional shortage areas (as 5 defined under section 332(a) of the Public 6 Health Service Act (42 U.S.C. 254e(a))); and 7 (D) the racial and ethnic diversity of the 8 area; and 9 (6) for eligible entities who are local boards, a 10 description of how a grant to such eligible entity 11 would serve the equitable distribution of funds as de- 12 scribed in paragraph (5). 13 (d) SUBGRANT AUTHORIZATION AND APPLICATION 14 PROCESS.— 15 (1) IN eligible entity may award 16 a subgrant to one or more community-based organi- 17 zations for the purposes of partnering with a State 18 or local board to conduct outreach and education ac- 19 tivities to inform potentially eligible individuals 20 about employment opportunities in contact tracing 21 and related positions. 22 (2) APPLICATION.—A community-based organi- 23 zation shall submit an application at such time and 24 in such manner as the eligible entity may reasonably 25 require, including— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—An 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00541 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 542 1 (A) a demonstration of the community- 2 based organization’s established expertise and 3 effectiveness in community outreach in the local 4 area that such organization plans to serve; 5 (B) a demonstration of the community- 6 based organization’s expertise in providing em- 7 ployment or public health information to the 8 local areas in which such organization plans to 9 serve; and 10 (C) a description of the expertise of the 11 community-based organization in utilizing cul- 12 turally competent and multilingual strategies in 13 the provision of services. 14 (e) GRANT DISTRIBUTION.— 15 (1) FEDERAL 16 (A) USE OF FUNDS.— The Secretary of 17 Labor shall use the funds appropriated to carry 18 out this section as follows: 19 (i) Subject to clause (ii), the Secretary 20 shall distribute funds among eligible enti- 21 ties in accordance with a formula to be es- 22 tablished by the Secretary that provides a 23 minimum level of funding to each eligible 24 entity that seeks a grant under this section 25 and allocates additional funding as follows: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DISTRIBUTION.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00542 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 543 1 (I) The formula shall give first 2 priority based on the number and pro- 3 portion of contact tracing and related 4 positions that the State plans to re- 5 cruit, place, and train individuals as a 6 part of the State strategy described in 7 subsection (c)(2)(A). 8 (II) Subject to subclause (I), the 9 formula shall give priority in accord- 10 ance with section 30562(c). 11 (ii) Not more than 2 percent of the 12 funding for administration of the grants 13 and for providing technical assistance to 14 recipients of funds under this section. 15 (B) EQUITABLE the ge- 16 ographic region served by one or more eligible 17 entities overlaps, the Secretary shall distribute 18 funds among such entities in such a manner 19 that ensures equitable distribution with respect 20 to the factors under subsection (c)(5). 21 (2) ELIGIBLE ENTITY USE OF FUNDS.—An eli- 22 gible entity described in subparagraphs (A) through 23 (C) of subsection (a)(4)— 24 (A) shall, not later than 30 days after the 25 date on which the entity receives grant funds g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DISTRIBUTION.—If 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00543 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 544 1 under this section, provide not less than 70 per- 2 cent of grant funds to local boards for the pur- 3 pose of carrying out activities in subsection (f); 4 (B) may use up to 20 percent of such 5 funds to make subgrants to community-based 6 organizations in the service area to conduct out- 7 reach, to potential eligible individuals, as de- 8 scribed in subsection (d); 9 (C) in providing funds to local boards and 10 awarding subgrants under this subsection shall 11 ensure the equitable distribution with respect to 12 the factors described in subsection (c)(5); and 13 (D) may use not more than 10 percent of 14 the funds awarded under this section for the 15 administrative costs of carrying out the grant 16 and for providing technical assistance to local 17 boards and community-based organizations. 18 (3) LOCAL local 19 board, or an eligible entity that is a local board, 20 shall use— 21 (A) not less than 60 percent of the funds 22 for recruitment and training for COVID–19 23 testing, contact tracing, surveillance, contain- 24 ment, and mitigation established under section 25 30561; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BOARD USE OF FUNDS.—A 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00544 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 545 1 (B) not less than 30 of the funds to sup- 2 port the transition of individuals hired as con- 3 tact tracers and related positions into an edu- 4 cation or training program, or unsubsidized em- 5 ployment upon completion of such positions; 6 and 7 (C) not more than 10 percent of the funds 8 9 for administrative costs. (f) ELIGIBLE ACTIVITIES.—The State or local boards 10 shall use funds awarded under this section to support the 11 recruitment and placement of eligible individuals, training 12 and employment transition as related to contact tracing 13 and related positions, and for the following activities: 14 15 (1) Establishing or expanding partnerships with— 16 (A) State, local, Tribal, and territorial 17 public health departments; 18 (B) community-based health providers, in- 19 cluding community health centers and rural 20 health clinics; 21 (C) labor organizations or joint labor man- 22 agement organizations; 23 (D) two-year and four-year institutions of 24 higher education (as defined in section 101 of 25 the Higher Education Act of 1965 (20 U.S.C. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00545 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 546 1 1001)), including institutions eligible to receive 2 funds under section 371(a) of the Higher Edu- 3 cation Act of 1965 (20 U.S.C. 1067q(a)); and 4 (E) community action agencies or other 5 community-based organizations serving local 6 areas in which there is a demand for contact 7 tracers and related positions. 8 (2) Providing training for contact tracing and 9 related positions in coordination with State, local, 10 Tribal, or territorial health departments that is con- 11 sistent with the State or territorial testing and con- 12 tact tracing strategy and ensuring that eligible indi- 13 viduals receive compensation while participating in 14 such training. 15 (3) Providing eligible individuals with— 16 (A) adequate and safe equipment, environ- 17 ments, and facilities for training and super- 18 vision, as applicable; 19 (B) information regarding the wages and 20 benefits related to contact tracing and related 21 positions, as compared to State, local, and na- 22 tional averages; 23 (C) supplies and equipment needed by the 24 program participants to support placement of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00546 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 547 1 an individual in contact tracing and related po- 2 sitions, as applicable; 3 (D) an individualized employment plan for 4 each eligible individual, as applicable— 5 (i) in coordination with the entity em- 6 ploying the eligible individual in a contact 7 tracing or related position; and 8 (ii) which shall include providing a 9 case manager to work with each eligible in- 10 dividual to develop the plan, which may in- 11 clude— 12 (I) identifying employment and 13 career goals, and setting appropriate 14 achievement objectives to attain such 15 goals; and 16 (II) exploring career pathways 17 that lead to in-demand industries and 18 sectors, including in public health and 19 related occupations; and 20 (E) services for the period during which 21 the individual is employed in a contact tracing 22 and related position to ensure job retention, 23 which may include— 24 (i) supportive services throughout the 25 term of employment; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00547 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 548 1 (ii) a continuation of skills training as 2 related to employment as a contact tracer 3 or related positions, that is conducted in 4 collaboration with the employers of such 5 participants; 6 (iii) mentorship services and job re- 7 tention support for eligible individuals; or 8 (iv) targeted training for managers 9 and workers working with eligible individ- 10 uals (such as mentors), and human re- 11 source representatives; 12 (4) Supporting the transition and placement in 13 unsubsidized employment for eligible individuals 14 serving in the contact tracing or related positions 15 after such positions are no longer necessary in the 16 State or local area, including— 17 (A) any additional training and employ- 18 ment activities as described in section 170(d)(4) 19 of the Workforce Innovation and Opportunity 20 Act (29 U.S.C. 3225(d)(4)); 21 (B) developing the appropriate combina- 22 tion of services to enable the eligible individual 23 to achieve the employment and career goals 24 identified under paragraph (3)(D)(ii)(I); and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00548 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 549 1 (C) services to assist eligible individuals in 2 maintaining employment for not less than 12 3 months after the completion of employment in 4 contact tracing or related positions, as appro- 5 priate. 6 (5) Any other activities as described in sub- 7 sections (a)(3) and (b) of section 134 of the Work- 8 force Innovation and Opportunity Act (29 U.S.C. 9 3174). 10 (g) LIMITATION.—Notwithstanding section 11 170(d)(3)(A) of the Workforce Innovation and Oppor12 tunity Act (29 U.S.C. 3225(d)(3)(A)), a person may be 13 employed in a contact tracing or related position using 14 funds under this section for a period not greater than 2 15 years. 16 (h) REPORTING 17 (1) IN DEPARTMENT GENERAL.—Not OF LABOR.— later than 120 days of 18 the enactment of this Act, and once grant funds 19 have been expended under this section, the Secretary 20 shall report to the Committee on Education and 21 Labor of the House of Representatives and the Com- 22 mittee on Health, Education, Labor and Pensions of 23 the Senate, and make publicly available a report 24 containing a description of— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BY THE 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00549 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 550 1 (A) the number of eligible individuals re- 2 cruited, hired, and trained as contract tracers 3 and related positions; 4 (B) the number of individuals successfully 5 transitioned to unsubsidized employment or 6 training at the completion of employment in 7 contact tracing or related positions using funds 8 under this subtitle; 9 (C) the number of such individuals who 10 were unemployed prior to being hired, trained, 11 or deployed as described in paragraph (1); 12 (D) the performance of each program sup- 13 ported by funds under this subtitle with respect 14 to the indicators of performance under section 15 116 of the Workforce Innovation and Oppor- 16 tunity Act (29 U.S.C. 3141), as applicable; 17 (E) the number of individuals in unsub- 18 sidized employment within six months and 1 19 year, respectively, of the conclusion of employ- 20 ment in contact tracing or related positions 21 and, of those, the number of individuals within 22 a State, territorial, or local public health de- 23 partment in an occupation related to public 24 health; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00550 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 551 1 (F) any information on how eligible enti- 2 ties, local boards, or community-based organiza- 3 tions that received funding under this sub- 4 section were able to support the goals of the na- 5 tional system for COVID–19 testing, contact 6 tracing, surveillance, containment, and mitiga- 7 tion established under section 30561 of this 8 Act; and 9 (G) best practices for improving and in- 10 creasing the transition of individuals employed 11 in contract tracing or related positions to per- 12 manent, full-time employment. 13 (2) DISAGGREGATION.—All data reported under 14 paragraph (1) shall be disaggregated by race, eth- 15 nicity, sex, age, and, with respect to individuals with 16 barriers to employment, subpopulation of such indi- 17 viduals, except for when the number of participants 18 in a category is insufficient to yield statistically reli- 19 able information or when the results would reveal 20 personally identifiable information about an indi- 21 vidual participant. 22 (i) SPECIAL RULE.—Any funds used for programs 23 under this section that are used to fund an apprenticeship 24 or apprenticeship program shall only be used for, or pro25 vided to, an apprenticeship or apprenticeship program g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00551 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 552 1 that meets the definition of such term subsection (a) of 2 this section, including any funds awarded for the purposes 3 of grants, contracts, or cooperative agreements, or the de4 velopment, implementation, or administration, of an ap5 prenticeship or an apprenticeship program. 6 (j) INFORMATION SHARING REQUIREMENT FOR 7 HHS.—The Secretary of Health and Human Services, 8 acting through the Director of the Centers for Disease 9 Control and Prevention, shall provide the Secretary of 10 Labor, acting through the Assistant Secretary of the Em11 ployment and Training Administration, with information 12 on grants under section 30562, including— 13 (1) the formula used to award such grants to 14 State, local, Tribal, and territorial health depart- 15 ments; 16 17 (2) the dollar amounts of and scope of the work funded under such grants; 18 19 (3) the geographic areas served by eligible entities that receive such grants; and 20 (4) the number of contact tracers and related 21 positions to be hired using such grants. 22 (k) AUTHORIZATION 23 amounts appropriated OF to APPROPRIATIONS.—Of the carry out this subtitle, 24 $500,000,000 shall be used by the Secretary of Labor to 25 carry out subsections (a) through (h) of this section. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00552 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 553 1 APPLICATION OF THE SERVICE CONTRACT ACT TO 2 CONTRACTS AND GRANTS 3 SEC. 30567. 4 Contracts and grants which include contact tracing 5 as part of the scope of work and that are awarded under 6 this subtitle shall require that contract tracers and related 7 positions are paid not less than the prevailing wage and 8 fringe rates required under chapter 67 of title 41, United 9 States Code (commonly known as the ‘‘Service Contract 10 Act’’) for the area in which the work is performed. To 11 the extent that a nonstandard wage determination is re12 quired to establish a prevailing wage for contact tracers 13 and related positions for purposes of this subtitle, the Sec14 retary of Labor shall issue such determination not later 15 than 14 days after the date of enactment of this Act, 16 based on a job description used by the Centers for Disease 17 Control and Prevention and contractors or grantees per18 forming contact tracing for State public health agencies. 19 AUTHORIZATION OF APPROPRIATIONS 20 SEC. 30568. 21 To carry out this subtitle, there are authorized to be 22 appropriated $75,000,000,000, to remain available until 23 expended. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00553 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 554 1 Subtitle E—Demographic Data and Supply Reporting 2 Related to COVID–19 3 COVID–19 REPORTING PORTAL 4 SEC. 30571. 5 (a) IN GENERAL.—Not later than 15 days after the 6 date of enactment of this Act, the Secretary shall establish 7 and maintain an online portal for use by eligible health 8 care entities to track and transmit data regarding their 9 personal protective equipment and medical supply inven10 tory and capacity related to COVID–19. 11 (b) ELIGIBLE HEALTH CARE ENTITIES.—In this sec- 12 tion, the term ‘‘eligible health care entity’’ means a li13 censed acute care hospital, hospital system, or long-term 14 care facility with confirmed cases of COVID–19. 15 (c) SUBMISSION.—An eligible health care entity shall 16 report using the portal under this section on a biweekly 17 basis in order to assist the Secretary in tracking usage 18 and need of COVID–related supplies and personnel in a 19 regular and real-time manner. 20 (d) INCLUDED INFORMATION.—The Secretary shall 21 design the portal under this section to include information 22 on personal protective equipment and medical supply in23 ventory and capacity related to COVID–19, including with 24 respect to the following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00554 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 555 1 (1) PROTECTIVE EQUIPMENT.— 2 Total personal protective equipment inventory, in- 3 cluding, in units, the numbers of N95 masks and 4 authorized equivalent respirator masks, surgical 5 masks, exam gloves, face shields, isolation gowns, 6 and coveralls. 7 (2) MEDICAL SUPPLY.— 8 (A) Total ventilator inventory, including, in 9 units, the number of universal, adult, pediatric, 10 and infant ventilators. 11 (B) Total diagnostic and serological test 12 inventory, including, in units, the number of 13 test platforms, tests, test kits, reagents, trans- 14 port media, swabs, and other materials or sup- 15 plies determined necessary by the Secretary. 16 (3) CAPACITY.— 17 (A) Case count measurements, including 18 confirmed positive cases and persons under in- 19 vestigation. 20 (B) Total number of staffed beds, includ- 21 ing medical surgical beds, intensive care beds, 22 and critical care beds. 23 (C) Available beds, including medical sur- 24 gical beds, intensive care beds, and critical care 25 beds. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PERSONAL 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00555 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 556 1 (D) Total number of COVID–19 patients 2 currently utilizing a ventilator. 3 (E) Average number of days a COVID–19 4 patient is utilizing a ventilator. 5 (F) Total number of additionally needed 6 professionals in each of the following categories: 7 intensivists, critical care physicians, respiratory 8 therapists, registered nurses, certified registered 9 nurse anesthetists, and laboratory personnel. 10 (G) Total number of hospital personnel 11 currently not working due to self-isolation fol- 12 lowing a known or presumed COVID–19 expo- 13 sure. 14 15 (e) ACCESS TORY AND TO INFORMATION RELATED TO INVEN- CAPACITY.—The Secretary shall ensure that 16 relevant agencies and officials, including the Centers for 17 Disease Control and Prevention, the Assistant Secretary 18 for Preparedness and Response, and the Federal Emer19 gency Management Agency, have access to information re20 lated to inventory and capacity submitted under this sec21 tion. 22 (f) WEEKLY REPORT TO CONGRESS.—On a weekly 23 basis, the Secretary shall transmit information related to 24 inventory and capacity submitted under this section to the 25 appropriate committees of the House and Senate. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00556 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 557 1 REGULAR CDC REPORTING ON DEMOGRAPHIC DATA 2 SEC. 30572. 3 Not later than 14 days after the date of enactment 4 of this Act, the Secretary, in coordination with the Direc5 tor of the Centers for Disease Control and Prevention, 6 shall amend the reporting under the heading ‘‘Department 7 of Health and Human Services—Office of the Secretary— 8 Public Health and Social Service Emergency Fund’’ in 9 title I of division B of the Paycheck Protection Program 10 and Health Care Enhancement Act (Public Law 116–139; 11 134 Stat. 620, 626) on the demographic characteristics, 12 including race, ethnicity, age, sex, gender, geographic re13 gion, and other relevant factors of individuals tested for 14 or diagnosed with COVID–19, to include— 15 (1) providing technical assistance to State, 16 local, and territorial health departments to improve 17 the collection and reporting of such demographic 18 data; 19 (2) if such data is not so collected or reported, 20 the reason why the State, local, or territorial depart- 21 ment of health has not been able to collect or pro- 22 vide such information; and 23 (3) making a copy of such report available pub- 24 licly on the website of the Centers for Disease Con- 25 trol and Prevention. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00557 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 558 1 FEDERAL MODERNIZATION FOR HEALTH INEQUITIES 2 DATA 3 SEC. 30573. 4 (a) IN GENERAL.—The Secretary shall work with 5 covered agencies to support the modernization of data col6 lection methods and infrastructure at such agencies for 7 the purpose of increasing data collection related to health 8 inequities, such as racial, ethnic, socioeconomic, sex, gen9 der, and disability disparities. 10 (b) COVERED AGENCY DEFINED.—In this section, 11 the term ‘‘covered agency’’ means each of the following 12 Federal agencies: 13 14 (1) The Agency for Healthcare Research and Quality. 15 16 (2) The Centers for Disease Control and Prevention. 17 18 (3) The Centers for Medicare & Medicaid Services. 19 (4) The Food and Drug Administration. 20 (5) The Office of the National Coordinator for 21 Health Information Technology. 22 23 (6) The National Institutes of Health. (c) AUTHORIZATION OF APPROPRIATIONS.—There is 24 authorized to be appropriated to each covered agency to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 559 1 carry out this section $4,000,000, to remain available 2 until expended. 3 MODERNIZATION OF STATE AND LOCAL HEALTH 4 INEQUITIES DATA 5 SEC. 30574. 6 (a) IN GENERAL.—Not later than 6 months after the 7 date of enactment of this Act, the Secretary, acting 8 through the Director of the Centers for Disease Control 9 and Prevention, shall award grants to State, local, and 10 territorial health departments in order to support the 11 modernization of data collection methods and infrastruc12 ture for the purposes of increasing data related to health 13 inequities, such as racial, ethnic, socioeconomic, sex, gen14 der, and disability disparities. The Secretary shall— 15 (1) provide guidance, technical assistance, and 16 information to grantees under this section on best 17 practices regarding culturally competent, accurate, 18 and increased data collection and transmission; and 19 (2) track performance of grantees under this 20 section to help improve their health inequities data 21 collection by identifying gaps and taking effective 22 steps to support States, localities, and territories in 23 addressing the gaps. 24 (b) REPORT.—Not later than 1 year after the date 25 on which the first grant is awarded under this section, 26 the Secretary shall submit to the Committee on Energy g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00559 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 560 1 and Commerce of the House of Representatives and the 2 Committee on Health, Education, Labor and Pensions of 3 the Senate an initial report detailing— 4 (1) nationwide best practices for ensuring 5 States and localities collect and transmit health in- 6 equities data; 7 8 (2) nationwide trends which hinder the collection and transmission of health inequities data; 9 (3) Federal best practices for working with 10 States and localities to ensure culturally competent, 11 accurate, and increased data collection and trans- 12 mission; and 13 (4) any recommended changes to legislative or 14 regulatory authority to help improve and increase 15 health inequities data collection. 16 (c) FINAL REPORT.—Not later than December 31, 17 2023, the Secretary shall— 18 19 (1) update and finalize the initial report under subsection (b); and 20 (2) submit such final report to the committees 21 specified in such subsection. 22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 23 authorized to be appropriated to carry out this section 24 $100,000,000, to remain available until expended. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00560 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 561 1 TRIBAL FUNDING TO RESEARCH HEALTH INEQUITIES 2 INCLUDING COVID–19 3 SEC. 30575. 4 (a) IN GENERAL.—Not later than 6 months after the 5 date of enactment of this Act, the Director of the Indian 6 Health Service, in coordination with Tribal Epidemiology 7 Centers and other Federal agencies, as appropriate, shall 8 conduct or support research and field studies for the pur9 poses of improved understanding of Tribal health inequi10 ties among American Indians and Alaska Natives, includ11 ing with respect to— 12 (1) disparities related to COVID–19; 13 (2) public health surveillance and infrastructure 14 regarding unmet needs in Indian country and Urban 15 Indian communities; 16 (3) population-based health disparities; 17 (4) barriers to health care services; 18 (5) the impact of socioeconomic status; and 19 (6) factors contributing to Tribal health inequi- 20 ties. 21 (b) CONSULTATION, CONFER, AND COORDINATION.— 22 In carrying out this section, the Director of the Indian 23 Health Service shall— 24 25 (1) consult with Indian Tribes and Tribal organizations; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00561 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 562 1 2 (2) confer with Urban Indian organizations; and 3 (3) coordinate with the Director of the Centers 4 for Disease Control and Prevention and the Director 5 of the National Institutes of Health. 6 (c) PROCESS.—Not later than 60 days after the date 7 of enactment of this Act, the Director of the Indian Health 8 Service shall establish a nationally representative panel to 9 establish processes and procedures for the research and 10 field studies conducted or supported under subsection (a). 11 The Director shall ensure that, at a minimum, the panel 12 consists of the following individuals: 13 (1) Elected Tribal leaders or their designees. 14 (2) Tribal public health practitioners and ex- 15 perts from the national and regional levels. 16 (d) DUTIES.—The panel established under subsection 17 (c) shall, at a minimum— 18 (1) advise the Director of the Indian Health 19 Service on the processes and procedures regarding 20 the design, implementation, and evaluation of, and 21 reporting on, research and field studies conducted or 22 supported under this section; 23 (2) develop and share resources on Tribal pub- 24 lic health data surveillance and reporting, including 25 best practices; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00562 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 563 1 (3) carry out such other activities as may be 2 appropriate to establish processes and procedures for 3 the research and field studies conducted or sup- 4 ported under subsection (a). 5 (e) REPORT.—Not later than 1 year after expending 6 all funds made available to carry out this section, the Di7 rector of the Indian Health Service, in coordination with 8 the panel established under subsection (c), shall submit 9 an initial report on the results of the research and field 10 studies under this section to— 11 (1) the Committee on Energy and Commerce 12 and the Committee on Natural Resources of the 13 House of Representatives; and 14 (2) the Committee on Indian Affairs and the 15 Committee on Health, Education, Labor and Pen- 16 sions of the Senate. 17 (f) TRIBAL DATA SOVEREIGNTY.—The Director of 18 the Indian Health Service shall ensure that all research 19 and field studies conducted or supported under this sec20 tion are tribally-directed and carried out in a manner 21 which ensures Tribal-direction of all data collected under 22 this section— 23 (1) according to Tribal best practices regarding 24 research design and implementation, including by g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00563 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 564 1 ensuring the consent of the Tribes involved to public 2 reporting of Tribal data; 3 (2) according to all relevant and applicable 4 Tribal, 5 standards for conducting research and governing re- 6 search ethics; professional, institutional, and Federal 7 (3) with the prior and informed consent of any 8 Indian Tribe participating in the research or sharing 9 data for use under this section; and 10 (4) in a manner that respects the inherent sov- 11 ereignty of Indian Tribes, including Tribal govern- 12 ance of data and research. 13 (g) FINAL REPORT.—Not later than December 31, 14 2023, the Director of the Indian Health Service shall— 15 16 (1) update and finalize the initial report under subsection (e); and 17 (2) submit such final report to the committees 18 specified in such subsection. 19 (h) DEFINITIONS.—In this section: 20 (1) The terms ‘‘Indian Tribe’’ and ‘‘Tribal or- 21 ganization’’ have the meanings given to such terms 22 in section 4 of the Indian Self-Determination and 23 Education Assistance Act (25 U.S.C. 5304). 24 (2) The term ‘‘Urban Indian organization’’ has 25 the meaning given to such term in section 4 of the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00564 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 565 1 Indian Health Care Improvement Act (25 U.S.C. 2 1603). 3 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 4 authorized to be appropriated to carry out this section 5 $25,000,000, to remain available until expended. 6 CDC FIELD STUDIES PERTAINING TO SPECIFIC HEALTH 7 INEQUITIES 8 SEC. 30576. 9 (a) IN GENERAL.—Not later than 90 days after the 10 date of enactment of this Act, the Secretary, acting 11 through the Centers for Disease Control and Prevention, 12 in collaboration with State, local, and territorial health de13 partments, shall complete (by the reporting deadline in 14 subsection (b)) field studies to better understand health 15 inequities that are not currently tracked by the Secretary. 16 Such studies shall include an analysis of— 17 (1) the impact of socioeconomic status on 18 health care access and disease outcomes, including 19 COVID–19 outcomes; 20 (2) the impact of disability status on health 21 care access and disease outcomes, including COVID– 22 19 outcomes; 23 (3) the impact of language preference on health 24 care access and disease outcomes, including COVID– 25 19 outcomes; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00565 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 566 1 (4) factors contributing to disparities in health 2 outcomes for the COVID–19 pandemic; and 3 (5) other topics related to disparities in health 4 outcomes for the COVID–19 pandemic, as deter- 5 mined by the Secretary. 6 (b) REPORT.—Not later than December 31, 2021, 7 the Secretary shall submit to the Committee on Energy 8 and Commerce of the House of Representatives and the 9 Committee on Health, Education, Labor and Pensions of 10 the Senate an initial report on the results of the field stud11 ies under this section. 12 (c) FINAL REPORT.—Not later than December 31, 13 2023, the Secretary shall— 14 (1) update and finalize the initial report under 15 subsection (b); and 16 (2) submit such final report to the committees 17 specified in such subsection. 18 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 19 authorized to be appropriated to carry out this section 20 $25,000,000, to remain available until expended. 21 ADDITIONAL REPORTING TO CONGRESS ON THE RACE 22 AND ETHNICITY RATES OF COVID–19 TESTING, HOS- 23 PITALIZATIONS, AND MORTALITIES 24 SEC. 30577. 25 (a) IN GENERAL.—Not later than August 1, 2020, 26 the Secretary shall submit to the Committee on Approg:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00566 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 567 1 priations and the Committee on Energy and Commerce 2 of the House of Representatives and the Committee on 3 Appropriations and the Committee on Health, Education, 4 Labor and Pensions of the Senate an initial report— 5 (1) describing the testing, positive diagnoses, 6 hospitalization, intensive care admissions, and mor- 7 tality 8 disaggregated by race, ethnicity, age, sex, gender, 9 geographic region, and other relevant factors as de- 10 rates associated with COVID–19, termined by the Secretary; 11 (2) including an analysis of any variances of 12 testing, positive diagnoses, hospitalizations, and 13 deaths by demographic characteristics; and 14 (3) including proposals for evidenced-based re- 15 sponse strategies to reduce disparities related to 16 COVID–19. 17 (b) FINAL REPORT.—Not later than December 31, 18 2024, the Secretary shall— 19 20 (1) update and finalize the initial report under subsection (a); and 21 (2) submit such final report to the committees 22 specified in such subsection. 23 (c) COORDINATION.—In preparing the report sub- 24 mitted under this section, the Secretary shall take into ac25 count and otherwise coordinate such report with reporting g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00567 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 568 1 required under section 30572 and under the heading ‘‘De2 partment of Health and Human Services—Office of the 3 Secretary—Public Health and Social Service Emergency 4 Fund’’ in title I of division B of the Paycheck Protection 5 Program and Health Care Enhancement Act (Public Law 6 116–139; 134 Stat. 620, 626). 7 Subtitle F—Miscellaneous 8 TECHNICAL CORRECTIONS TO AMENDMENTS MADE BY 9 CARES ACT 10 SEC. 30581. 11 (a) The amendments made by this section shall take 12 effect as if included in the enactment of the CARES Act 13 (Public Law 116–136). 14 (b) Section 3112 of division A of the CARES Act 15 (Public Law 116–136) is amended— 16 17 (1) in subsection (a)(2)(A), by striking the comma before ‘‘or a permanent’’; 18 (2) in subsection (d)(1), by striking ‘‘and sub- 19 paragraphs (A) and (B)’’ and inserting ‘‘as subpara- 20 graphs (A) and (B)’’; and 21 (3) in subsection (e), by striking ‘‘Drug, Cos- 22 metic Act’’ and inserting ‘‘Drug, and Cosmetic Act’’. 23 (c) Section 6001(a)(1)(D) of division F of the Fami- 24 lies First Coronavirus Response Act (Public Law 116– 25 127), as amended by section 3201 of division A of the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00568 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 569 1 CARES Act (Public Law 116–136), is amended by strik2 ing ‘‘other test that’’. 3 (d) Subsection (k)(9) of section 543 of the Public 4 Health Service Act (42 U.S.C. 290dd–2), as added by sec5 tion 3221(d) of division A of the CARES Act (Public Law 6 116–136), is amended by striking ‘‘unprotected health in7 formation’’ and inserting ‘‘unsecured protected health in8 formation’’. 9 (e) Section 3401(2)(D) of division A of the CARES 10 Act (Public Law 116–136), is amended by striking ‘‘Not 11 Later than’’ and inserting ‘‘Not later than’’. 12 (f) Section 831(f) of the Public Health Service Act, 13 as redesignated by section 3404(a)(6)(E) and amended by 14 section 3404(a)(6)(G) of division A of the CARES Act 15 (Public Law 116–136), is amended by striking ‘‘a health 16 care facility, or a partnership of such a school and facil17 ity’’. 18 (g) Section 846(i) of the Public Health Service Act, 19 as amended by section 3404(i)(8)(C) of division A of the 20 CARES Act (Public Law 116–136), is amended by strik21 ing ‘‘871(b),,’’ and inserting ‘‘871(b),’’. 22 (h) Section 3606(a)(1)(A) of division A of the 23 CARES Act (Public Law 116–136) is amended by striking 24 ‘‘In general’’ and inserting ‘‘IN GENERAL’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00569 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 570 1 (i) Section 3856(b)(1) of division A of the CARES 2 Act (Public Law 116–136) is amended to read as follows: 3 ‘‘(1) IN GENERAL.—Section 905(b)(4) of the 4 FDA Reauthorization Act of 2017 (Public Law 115– 5 52) is amended by striking ‘Section 744H(e)(2)(B) 6 of the Federal Food, Drug, and Cosmetic Act (21 7 U.S.C. 379j–52(e)(2)(B))’ and inserting ‘Section 8 744H(f)(2)(B) of the Federal Food, Drug, and Cos- 9 metic Act, as redesignated by section 403(c)(1) of 10 this Act,’.’’. 11 TITLE VI—PUBLIC HEALTH ASSISTANCE 12 Subtitle A—Assistance to Providers and Health System 13 HEALTH CARE PROVIDER RELIEF FUND 14 SEC. 30611. 15 (a) IN GENERAL.—Not later than 7 days after the 16 date of enactment of this Act, the Secretary, acting 17 through the Administrator of the Health Resources and 18 Services Administration, shall establish a program under 19 which the Secretary shall reimburse, through grants or 20 other mechanisms, eligible health care providers for eligi21 ble expenses or lost revenues occurring during calendar 22 quarters beginning on or after January 1, 2020, to pre23 vent, prepare for, and respond to COVID–19, in an 24 amount calculated under subsection (c). 25 (b) QUARTERLY BASIS.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00570 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 571 1 (1) SUBMISSION Sec- 2 retary shall give applicants a period of 7 calendar 3 days after the close of a quarter to submit applica- 4 tions under this section with respect to such quarter, 5 except that the Secretary shall give applicants a pe- 6 riod of 7 calendar days after the date of enactment 7 of this Act to submit applications with respect to the 8 quarter beginning on January 1, 2020, if the appli- 9 cant has not previously submitted an application 10 with the respect to such quarter. 11 12 (2) REVIEW AND PAYMENT.—The Secretary shall— 13 (A) review applications and make awards 14 of reimbursement under this section on a quar- 15 terly basis; and 16 (B) award the reimbursements under this 17 section for a quarter not later than 14 calendar 18 days after the close of the quarter, except that 19 the Secretary shall award the reimbursements 20 under this section for the quarter beginning on 21 January 1, 2020, not later than 14 calendar 22 days after the date of enactment of this Act. 23 (c) CALCULATION.— 24 25 (1) IN 12:13 May 12, 2020 GENERAL.—The amount of the reim- bursement to an eligible health provider under this g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF APPLICATIONS.—The Jkt 000000 (763351 3) PO 00000 Frm 00571 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 572 1 section with respect to a calendar quarter shall 2 equal— 3 (A) the sum of— 4 (i) 100 percent of the eligible ex- 5 penses, as described in subsection (d), of 6 the provider during the quarter; and 7 (ii) subject to paragraph (3), 60 per- 8 cent of the lost revenues, as described in 9 subsection (e), of the provider during the 10 quarter; less 11 (B) any funds that are— 12 (i) received by the provider during the 13 quarter pursuant to the Coronavirus Pre- 14 paredness and Response Supplemental Ap- 15 propriations Act, 2020 (Public Law 116– 16 123), the Families First Coronavirus Re- 17 sponse Act (Public Law 116–127), the 18 CARES Act (Public Law 116–136), or the 19 Paycheck Protection Program and Health 20 Care Enhancement Act (Public Law 116– 21 139); and 22 (ii) not required to be repaid. 23 (2) CARRYOVER.—If the amount determined 24 under paragraph (1)(B) for a calendar quarter with 25 respect to an eligible health care provider exceeds g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00572 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 573 1 the amount determined under subparagraph (A) 2 with respect to such provider and quarter, the 3 amount of such difference shall be applied in making 4 the calculation under this subsection, over each sub- 5 sequent calendar quarter for which the eligible 6 health care provider seeks reimbursement under this 7 section. 8 (3) LOST LIMITATION.—If REVENUE the 9 amount determined under subsection (e) with re- 10 spect to the lost revenue of an eligible health care 11 provider for a calendar quarter does not exceed an 12 amount that equals 10 percent of the net patient 13 revenue (as defined in such subsection) of the pro- 14 vider for the corresponding quarter in 2019, the ad- 15 dend under paragraph (1)(A)(ii), in making the cal- 16 culation under paragraph (1), is deemed to be zero. 17 (d) ELIGIBLE EXPENSES.—Subject to subsection 18 (h)(1), expenses eligible for reimbursement under this sec19 tion include expenses for— 20 21 (1) building or construction of temporary structures; 22 (2) leasing of properties; 23 (3) medical supplies and equipment including 24 personal protective equipment; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00573 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 574 1 2 (4) in vitro diagnostic tests, serological tests, or testing supplies; 3 (5) increased workforce and trainings; 4 (6) emergency operation centers; 5 (7) construction or retrofitting of facilities; 6 (8) mobile testing units; 7 (9) surge capacity; 8 (10) retention of workforce; and 9 (11) such other items and services as the Sec- 10 retary determines to be appropriate, in consultation 11 with relevant stakeholders. 12 (e) LOST REVENUES.— 13 (1) IN to subsection (h)(1), 14 for purposes of subsection (c)(1)(A)(ii), the lost rev- 15 enues of an eligible health care provider, with re- 16 spect to the calendar quarter involved, shall be equal 17 to— 18 (A) net patient revenue of the provider for 19 the corresponding quarter in 2019 minus net 20 patient revenue of the provider for such quar- 21 ter; less 22 (B) the savings of the provider during the 23 calendar quarter involved attributable to fore- 24 gone wages, payroll taxes, and benefits of per- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Subject 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00574 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 575 1 sonnel who were furloughed or laid off by the 2 provider during that quarter. 3 (2) NET PATIENT REVENUE DEFINED.—For 4 purposes of paragraph (1)(A), the term ‘‘net patient 5 revenue’’, with respect to an eligible health care pro- 6 vider and a calendar quarter, means the sum of— 7 (A) 200 percent of the total amount of re- 8 imbursement received by the provider during 9 the quarter for all items and services furnished 10 under a State plan or a waiver of a State plan 11 under title XIX of the Social Security Act (42 12 U.S.C. 1396 et seq.); 13 (B) 125 percent of the total amount of re- 14 imbursement received by the provider during 15 the quarter for all items and services furnished 16 under title XVIII of the Social Security Act (42 17 U.S.C. 1395 et seq.); and 18 (C) 100 percent of the total amount of re- 19 imbursement not described in subparagraph (A) 20 or (B) received by the provider during the quar- 21 ter for all items and services. 22 (f) INSUFFICIENT FUNDS FOR A QUARTER.—If there 23 are insufficient funds made available to reimburse all eligi24 ble health care providers for all eligible expenses and lost g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00575 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 576 1 revenues for a quarter in accordance with this section, the 2 Secretary shall— 3 4 (1) prioritize reimbursement of eligible expenses; and 5 (2) using the entirety of the remaining funds, 6 uniformly reduce the percentage of lost revenues 7 otherwise applicable under subsection (c)(1)(A)(ii) to 8 the extent necessary to reimburse a portion of the 9 lost revenues of all eligible health care providers ap- 10 plying for reimbursement. 11 (g) APPLICATION.—A health care provider seeking 12 reimbursement under this section for a calendar quarter 13 shall submit to the Secretary an application that— 14 (1) provides documentation demonstrating that 15 the health care provider is an eligible health care 16 provider; 17 18 (2) includes a valid tax identification number of the health care provider; 19 (3) attests to the eligible expenses and lost rev- 20 enues of the health care provider, as described in 21 subsection (d), occurring during the calendar quar- 22 ter; 23 (4) includes an itemized listing of each such eli- 24 gible expense, including expenses incurred in pro- 25 viding uncompensated care; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00576 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 577 1 (5) for purposes of subsection (c)(3), attests to 2 whether the amount determined under subsection (e) 3 with respect to the lost revenue of an eligible health 4 care provider for a calendar quarter exceeds an 5 amount that equals 10 percent of the net patient 6 revenue (as defined in such subsection) of the pro- 7 vider for the corresponding quarter in 2019; 8 (6) includes projections of the eligible expenses 9 and lost revenues of the health care provider, as de- 10 scribed in subsection (c), for the calendar quarter 11 that immediately follows the calendar for which re- 12 imbursement is sought; and 13 (7) indicates the dollar amounts described in 14 each of subparagraphs (A) and (B) of subsection 15 (e)(1) and subparagraphs (A), (B), and (C) of sub- 16 section (e)(2) for the calendar quarter. 17 (h) LIMITATIONS.— 18 (1) NO 19 Secretary may not provide, and a health care pro- 20 vider may not accept, reimbursement under this sec- 21 tion for expenses or losses with respect to which— 22 (A) the eligible health care provider is re- 23 imbursed from other sources; or 24 (B) other sources are obligated to reim- 25 burse the provider. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DUPLICATIVE REIMBURSEMENT.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00577 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 578 1 (2) NO COMPENSATION.—Reim- 2 bursement for eligible expenses (as described in sub- 3 section (e)) and lost revenues (as described in sub- 4 section (f)) shall not include compensation or bene- 5 fits, including salary, bonuses, awards of stock, or 6 other financial benefits, for an officer or employee 7 described in section 4004(a)(2) of the CARES Act 8 (Public Law 116–136). 9 (i) NO BALANCE BILLING 10 CEIPT OF 11 AS CONDITION OF RE- FUNDS.— (1) PROTECTING INDIVIDUALS ENROLLED IN 12 HEALTH PLANS.—As 13 bursement under this section, a health care provider, 14 in the case such provider furnishes during the emer- 15 gency period described in section 1135(g)(1)(B) of 16 the 17 5(g)(1)(B)) (whether before, on, or after, the date 18 on which the provider submits an application under 19 this section) a medically necessary item or service 20 described in subparagraph (A), (B), or (C) of para- 21 graph (3) to an individual who is described in such 22 subparagraph (A), (B), or (C), respectively, and en- 23 rolled in a group health plan or group or individual 24 health insurance coverage offered by a health insur- 25 ance issuer (including grandfathered health plans as g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 EXECUTIVE 12:13 May 12, 2020 Jkt 000000 Social a condition of receipt of reim- Security Act (42 U.S.C. 1320b– (763351 3) PO 00000 Frm 00578 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 579 1 defined in section 1251(e) of the Patient Protection 2 and Affordable Care Act (42 U.S.C. 18011(e)) and 3 such provider is a nonparticipating provider with re- 4 spect to such plan or coverage and such plan or cov- 5 erage and such items and services would otherwise 6 be covered under such plan if furnished by a partici- 7 pating provider— 8 (A) may not bill or otherwise hold liable 9 such individual for a payment amount for such 10 item or service that is more than the cost-shar- 11 ing amount that would apply under such plan 12 or coverage for such item or service if such pro- 13 vider furnishing such service were a partici- 14 pating provider with respect to such plan or 15 coverage; 16 (B) shall reimburse such individual in a 17 timely manner for any amount for such item or 18 service paid by the individual to such provider 19 in excess of such cost-sharing amount; 20 (C) shall submit any claim for such item or 21 service directly to the plan or coverage; and 22 (D) shall not bill the individual for such 23 cost-sharing amount until such individual is in- 24 formed by the plan or coverage of the required 25 payment amount. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00579 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 580 1 2 As a condition of receipt of reimbursement under 3 this section, a health care provider, in the case such 4 reimbursement is with respect to expenses incurred 5 in providing uncompensated care (as described in 6 subsection (g)(4)) with respect to a medically nec- 7 essary item or service described in subparagraph 8 (A), (B), or (C) of paragraph (3) furnished during 9 such emergency period (whether before, on, or after, 10 the date on which the provider submits an applica- 11 tion under this section) by the provider to an indi- 12 vidual who is described in such subparagraph (A), 13 (B), or (C), respectively— 14 (A) shall consider such reimbursement as 15 payment in full with respect to such item or 16 service so furnished to such individual; 17 (B) may not bill or otherwise hold liable 18 such individual for any payment for such item 19 or service so furnished to such individual; and 20 (C) shall reimburse such individual in a 21 timely manner for any amount for such item or 22 service paid by the individual to such provider. 23 (3) MEDICALLY 24 12:13 May 12, 2020 NECESSARY ITEMS AND SERV- ICES DESCRIBED.—For g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 UNINSURED INDIVIDUALS.— (2) PROTECTING Jkt 000000 purposes of this subsection, (763351 3) PO 00000 Frm 00580 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 581 1 medically necessary items and services described in 2 this paragraph are— 3 (A) medically necessary items and services 4 (including in-person or telehealth visits in which 5 such items and services are furnished) that are 6 furnished to an individual who has been diag- 7 nosed with (or after provision of the items and 8 services is diagnosed with) COVID–19 to treat 9 or mitigate the effects of COVID–19; 10 (B) medically necessary items and services 11 (including in-person or telehealth visits in which 12 such items and services are furnished) that are 13 furnished to an individual who is presumed, in 14 accordance 15 COVID–19 but is never diagnosed as such; and 16 (C) a diagnostic test (and administration 17 of such test) as described in section 6001(a) of 18 division F of the Families First Coronavirus 19 Response Act (42 U.S.C. 1320b–5 note) admin- 20 istered to an individual. 21 (4) PRESUMPTIVE paragraph CASE OF (4), to have COVID–19.—For 22 purposes of paragraph (3)(B), an individual shall be 23 presumed to have COVID–19 if the medical record 24 documentation of the individual supports a diagnosis 25 of COVID–19, even if the individual does not have g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 with 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00581 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 582 1 a positive in vitro diagnostic test result in the med- 2 ical record of the individual. 3 (5) PENALTY.—In the case of an eligible health 4 care provider that is paid a reimbursement under 5 this section and that is in violation of paragraph (1) 6 or (2), in addition to any other penalties that may 7 be prescribed by law, the Secretary may recoup from 8 such provider up to the full amount of reimburse- 9 ment the provider receives under this section. 10 (6) DEFINITIONS.—In this subsection: 11 (A) NONPARTICIPATING 12 term ‘‘nonparticipating provider’’ means, with 13 respect to an item or service and group health 14 plan or group or individual health insurance 15 coverage offered by a health insurance issuer, a 16 health care provider that does not have a con- 17 tractual relationship directly or indirectly with 18 the plan or issuer, respectively, for furnishing 19 such an item or service under the plan or cov- 20 erage. 21 (B) PARTICIPATING PROVIDER.—The term 22 ‘‘participating provider’’ means, with respect to 23 an item or service and group health plan or 24 group or individual health insurance coverage 25 offered by a health insurance issuer, a health g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PROVIDER.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00582 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 583 1 care provider that has a contractual relation- 2 ship directly or indirectly with the plan or 3 issuer, respectively, for furnishing such an item 4 or service under the plan or coverage. 5 (C) GROUP 6 ANCE COVERAGE.—The 7 plan’’, ‘‘health insurance issuer’’, ‘‘group health 8 insurance coverage’’, and ‘‘individual health in- 9 surance coverage’’ shall have the meanings 10 given such terms under section 2791 of the 11 Public Health Service Act (42 U.S.C. 300gg– 12 91). 13 terms ‘‘group health (j) REPORTS.— 14 (1) AWARD INFORMATION.—In making awards 15 under this section, the Secretary shall post in a 16 searchable, electronic format, a list of all recipients 17 and awards pursuant to funding authorized under 18 this section. 19 (2) REPORTS BY RECIPIENTS.—Each recipient 20 of an award under this section shall, as a condition 21 on receipt of such award, submit reports and main- 22 tain documentation, in such form, at such time, and 23 containing such information, as the Secretary deter- 24 mines is needed to ensure compliance with this sec- 25 tion. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 HEALTH PLAN, HEALTH INSUR- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00583 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 584 1 2 (3) PUBLIC Sec- retary shall— 3 (A) not later than 7 days after the date of 4 enactment of this Act, post in a searchable, 5 electronic format, a list of all awards made by 6 the Secretary under this section, including the 7 recipients and amounts of such awards; and 8 (B) update such list not less than every 7 9 days until all funds made available to carry out 10 this section are expended. 11 (4) INSPECTOR 12 (A) IN GENERAL REPORT.— GENERAL.—Not later than 3 years 13 after final payments are made under this sec- 14 tion, the Inspector General of the Department 15 of Health and Human Services shall transmit a 16 final report on audit findings with respect to 17 the program under this section to the Com- 18 mittee on Energy and Commerce and the Com- 19 mittee on Appropriations of the House of Rep- 20 resentatives and the Committee on Health, 21 Education, Labor and Pensions and the Com- 22 mittee on Appropriations of the Senate. 23 (B) RULE OF CONSTRUCTION.—Nothing in 24 this paragraph shall be construed as limiting 25 the authority of the Inspector General of the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 LISTING OF AWARDS.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00584 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 585 1 Department of Health and Human Services or 2 the Comptroller General of the United States to 3 conduct audits of interim payments earlier than 4 the deadline described in subparagraph (A). 5 (k) ELIGIBLE HEALTH CARE PROVIDER DEFINED.— 6 In this section: 7 (1) IN term ‘‘eligible health 8 care provider’’ means a health care provider de- 9 scribed in paragraph (2) that provides diagnostic or 10 testing services or treatment to individuals with a 11 confirmed or presumptive diagnosis of COVID–19. 12 (2) HEALTH CARE PROVIDERS DESCRIBED.—A 13 health care provider described in this paragraph is 14 any of the following: 15 (A) A health care provider enrolled as a 16 participating provider under a State plan ap- 17 proved under title XIX of the Social Security 18 Act (42 U.S.C. 1396 et seq.) (or a waiver of 19 such a plan). 20 (B) A provider of services (as defined in 21 subsection (u) of section 1861 of the Social Se- 22 curity Act (42 U.S.C. 1395x)) or a supplier (as 23 defined in subsection (d) of such section) that 24 is enrolled as a participating provider of serv- 25 ices or participating supplier under the Medi- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00585 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 586 1 care program under title XVIII of such Act (42 2 U.S.C. 1395 et seq.). 3 (C) A public entity. 4 (D) Any other entity not described in this 5 6 paragraph as the Secretary may specify. (l) FUNDING.— 7 (1) AUTHORIZATION APPROPRIATIONS.— 8 There is authorized to be appropriated for an addi- 9 tional amount to carry out this section 10 $100,000,000,000, to remain available until ex- 11 pended. 12 (2) HEALTH 13 (A) USE 14 CARE PROVIDER RELIEF FUND.— OF APPROPRIATED FUNDS.— (i) IN GENERAL.—In addition to 15 amounts authorized to be appropriated 16 pursuant to paragraph (1), the unobligated 17 balance of all amounts appropriated to the 18 Health Care Provider Relief Fund shall be 19 made available only to carry out this sec- 20 tion. 21 (ii) AMOUNTS.—For purposes of 22 clause (i), the following amounts are 23 deemed to be appropriated to the Health 24 Care Provider Relief Fund: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00586 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 587 1 (I) The unobligated balance of 2 the 3 $100,000,000,000 in the third para- 4 graph under the heading ‘‘Depart- 5 ment of Health and Human Serv- 6 ices—Office of the Secretary—Public 7 Health and Social Services Emergency 8 Fund’’ in division B of the CARES 9 Act (Public Law 116–136). of 10 (II) The unobligated balance of 11 the appropriation under the heading 12 ‘‘Department of Health and Human 13 Services—Office of the Secretary— 14 Public Health and Social Services 15 Emergency Fund’’ in division B of the 16 Paycheck Protection Program and 17 Health Care Enhancement Act (Pub- 18 lic Law 116–139). 19 (B) LIMITATION.—Of the unobligated bal- 20 ances described in subparagraph (A)(ii), the 21 Secretary may not make available more than 22 $10,000,000,000 to reimburse eligible health 23 care providers for expenses incurred in pro- 24 viding uncompensated care. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 appropriation 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00587 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 588 1 (C) FUTURE AMOUNTS.—Any appropria- 2 tion enacted subsequent to the date of enact- 3 ment of this Act that is made available for re- 4 imbursing eligible health care providers as de- 5 scribed in subsection (a) shall be made available 6 only to carry out this section. 7 PUBLIC HEALTH WORKFORCE LOAN REPAYMENT 8 PROGRAM 9 SEC. 30612. 10 Part D of title III of the Public Health Service Act 11 (42 U.S.C. 254b et seq.) is amended by adding at the end 12 the following new subpart: 13 14 ‘‘Subpart XIII—Public Health Workforce ‘‘SEC. 340J. LOAN REPAYMENT PROGRAM. 15 ‘‘(a) ESTABLISHMENT.—The Secretary of Health 16 and Human Services shall establish a program to be 17 known as the Public Health Workforce Loan Repayment 18 Program (referred to in this section as the ‘Program’) to 19 assure an adequate supply of and encourage recruitment 20 of public health professionals to eliminate critical public 21 health workforce shortages in local, State, territorial, and 22 Tribal public health agencies. 23 ‘‘(b) ELIGIBILITY.—To be eligible to participate in 24 the Program, an individual shall— 25 ‘‘(1)(A) be accepted for enrollment, or be en- 26 rolled, as a student in an accredited academic edu- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00588 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 589 1 cational institution in a State or territory in the 2 final semester or equivalent of a course of study or 3 program leading to a public health degree, a health 4 professions degree or certificate, or a degree in com- 5 puter science, information science, information sys- 6 tems, information technology, or statistics and have 7 accepted employment with a local, State, territorial, 8 or Tribal public health agency, or a related training 9 fellowship, as recognized by the Secretary, to com- 10 mence upon graduation; or 11 ‘‘(B)(i) have graduated, during the preceding 12 10-year period, from an accredited educational insti- 13 tution in a State or territory and received a public 14 health degree, a health professions degree or certifi- 15 cate, or a degree in computer science, information 16 science, information systems, information tech- 17 nology, or statistics; and 18 ‘‘(ii) be employed by, or have accepted employ- 19 ment with, a local, State, territorial, or Tribal public 20 health agency or a related training fellowship, as 21 recognized by the Secretary; 22 ‘‘(2) be a United States citizen; 23 ‘‘(3)(A) submit an application to the Secretary 24 to participate in the Program; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00589 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 590 1 2 ‘‘(B) execute a written contract as required in subsection (c); and 3 ‘‘(4) not have received, for the same service, a 4 reduction of loan obligations under section 428K or 5 428L of the Higher Education Act of 1965 (20 6 U.S.C. 1078–11, 1078–12). 7 ‘‘(c) CONTRACT.—The written contract referred to in 8 subsection (b)(3)(B) between the Secretary and an indi9 vidual shall contain— 10 ‘‘(1) an agreement on the part of the Secretary 11 that the Secretary will repay, on behalf of the indi- 12 vidual, loans incurred by the individual in the pur- 13 suit of the relevant degree or certificate in accord- 14 ance with the terms of the contract; 15 ‘‘(2) an agreement on the part of the individual 16 that the individual will serve in the full-time employ- 17 ment of a local, State, or Tribal public health agency 18 or a related fellowship program in a position related 19 to the course of study or program for which the con- 20 tract was awarded for a period of time equal to the 21 greater of— 22 ‘‘(A) 2 years; or 23 ‘‘(B) such longer period of time as deter- 24 mined appropriate by the Secretary and the in- 25 dividual; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00590 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 591 1 ‘‘(3) an agreement, as appropriate, on the part 2 of the individual to relocate to a priority service area 3 (as determined by the Secretary) in exchange for an 4 additional loan repayment incentive amount to be 5 determined by the Secretary; 6 ‘‘(4) a provision that any financial obligation of 7 the United States arising out of a contract entered 8 into under this section and any obligation of the in- 9 dividual that is conditioned thereon, is contingent on 10 funds being appropriated for loan repayments under 11 this section; 12 ‘‘(5) a statement of the damages to which the 13 United States is entitled, under this section for the 14 individual’s breach of the contract; and 15 ‘‘(6) such other statements of the rights and li- 16 abilities of the Secretary and of the individual as the 17 Secretary determines appropriate, not inconsistent 18 with this section. 19 ‘‘(d) PAYMENTS.— 20 ‘‘(1) IN loan repayment provided 21 for an individual under a written contract referred 22 to in subsection (b)(3)(B) shall consist of payment, 23 in accordance with paragraph (2), for the individual 24 toward the outstanding principal and interest on 25 education loans incurred by the individual in the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—A 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00591 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 592 1 pursuit of the relevant degree in accordance with the 2 terms of the contract. 3 ‘‘(2) EQUITABLE awarding 4 contracts under this section, the Secretary shall en- 5 sure— 6 ‘‘(A) a certain percentage of contracts are 7 awarded to individuals who are not already 8 working in public health departments; 9 ‘‘(B) an equitable distribution of funds 10 geographically; and 11 ‘‘(C) an equitable distribution among 12 State, local, territorial, and Tribal public health 13 departments. 14 ‘‘(3) PAYMENTS FOR YEARS SERVED.—For 15 each year of service that an individual contracts to 16 serve pursuant to subsection (c)(2), the Secretary 17 may pay not more than $35,000 on behalf of the in- 18 dividual for loans described in paragraph (1). With 19 respect to participants under the Program whose 20 total eligible loans are less than $105,000, the Sec- 21 retary shall pay an amount that does not exceed 1⁄3 22 of the eligible loan balance for each year of such 23 service of such individual. 24 25 ‘‘(4) TAX 12:13 May 12, 2020 LIABILITY.—For purposes of the In- ternal Revenue Code of 1986, a payment made g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DISTRIBUTION.—In Jkt 000000 (763351 3) PO 00000 Frm 00592 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 593 1 under this section shall be treated in the same man- 2 ner as an amount received under section 338B(g) of 3 this Act, as described in section 108(f)(4) of such 4 Code. 5 ‘‘(e) POSTPONING OBLIGATED SERVICE.—With re- 6 spect to an individual receiving a degree or certificate from 7 a health professions or other related school, the date of 8 the initiation of the period of obligated service may be 9 postponed as approved by the Secretary. 10 ‘‘(f) BREACH OF CONTRACT.—An individual who fails 11 to comply with the contract entered into under subsection 12 (c) shall be subject to the same financial penalties as pro13 vided for under section 338E of the Public Health Service 14 Act (42 U.S.C. 254o) for breaches of loan repayment con15 tracts under section 338B of such Act (42 U.S.C. section 16 254l–1). 17 ‘‘(g) DEFINITION.—For purposes of this section, the 18 term ‘full-time’ means full-time as such term is used in 19 section 455(m)(3) of the Higher Education Act of 1965. 20 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 21 is authorized to be appropriated to carry out this section— 22 ‘‘(1) $100,000,000 for fiscal year 2020; and 23 ‘‘(2) $75,000,000 for fiscal year 2021.’’. 24 EXPANDING CAPACITY FOR HEALTH OUTCOMES 25 SEC. 30613. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00593 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 594 1 (a) IN GENERAL.—The Secretary, acting through the 2 Administrator of the Health Resources and Services Ad3 ministration, shall award grants to eligible entities to de4 velop and expand the use of technology-enabled collabo5 rative learning and capacity building models to respond 6 to ongoing and real-time learning, health care information 7 sharing, and capacity building needs related to COVID– 8 19. 9 (b) ELIGIBLE ENTITIES.—To be eligible to receive a 10 grant under this section, an entity shall have experience 11 providing technology-enabled collaborative learning and 12 capacity building health care services— 13 (1) in rural areas, frontier areas, health profes- 14 sional shortage areas, or medically underserved area; 15 or 16 (2) to medically underserved populations or In- 17 dian Tribes. 18 (c) USE OF FUNDS.—An eligible entity receiving a 19 grant under this section shall use funds received through 20 the grant— 21 (1) to advance quality of care in response to 22 COVID–19, with particular emphasis on rural and 23 underserved areas and populations; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00594 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 595 1 (2) to protect medical personnel and first re- 2 sponders through sharing real-time learning through 3 virtual communities of practice; 4 (3) to improve patient outcomes for conditions 5 affected or exacerbated by COVID–19, including im- 6 provement of care for patients with complex chronic 7 conditions; and 8 (4) to support rapid uptake by health care pro- 9 fessionals of emerging best practices and treatment 10 protocols around COVID–19. 11 (d) OPTIONAL ADDITIONAL USES OF FUNDS.—An 12 eligible entity receiving a grant under this section may use 13 funds received through the grant for— 14 (1) equipment to support the use and expansion 15 of technology-enabled collaborative learning and ca- 16 pacity building models, including hardware and soft- 17 ware that enables distance learning, health care pro- 18 vider support, and the secure exchange of electronic 19 health information; 20 (2) the participation of multidisciplinary expert 21 team members to facilitate and lead technology-en- 22 abled collaborative learning sessions, and profes- 23 sionals and staff assisting in the development and 24 execution of technology-enabled collaborative learn- 25 ing; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00595 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 596 1 (3) the development of instructional program- 2 ming and the training of health care providers and 3 other professionals that provide or assist in the pro- 4 vision of services through technology-enabled collabo- 5 rative learning and capacity building models; and 6 (4) other activities consistent with achieving the 7 objectives of the grants awarded under this section. 8 (e) TECHNOLOGY-ENABLED COLLABORATIVE LEARN- 9 ING AND CAPACITY BUILDING MODEL DEFINED.—In this 10 section, the term ‘‘technology-enabled collaborative learn11 ing and capacity building model’’ has the meaning given 12 that term in section 2(7) of the Expanding Capacity for 13 Health Outcomes Act (Public Law 114–270; 130 Stat. 14 1395). 15 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 16 authorized to be appropriated to carry out this section 17 $20,000,000, to remain available until expended. 18 ADDITIONAL FUNDING FOR MEDICAL RESERVE CORPS 19 SEC. 30614. 20 Section 2813 of the Public Health Service Act (42 21 U.S.C. 300hh–15) is amended by striking ‘‘$11,200,000 22 for each of fiscal years 2019 through 2023’’ and inserting 23 ‘‘$31,200,000 for each of fiscal years 2020 and 2021 and 24 $11,200,000 for each of fiscal years 2022 and 2023’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00596 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 597 1 GRANTS FOR SCHOOLS OF MEDICINE IN DIVERSE AND 2 UNDERSERVED AREAS 3 SEC. 30615. 4 Subpart II of part C of title VII of the Public Health 5 Service Act is amended by inserting after section 749B 6 of such Act (42 U.S.C. 293m) the following: 7 ‘‘SEC. 749C. SCHOOLS OF MEDICINE IN UNDERSERVED 8 9 AREAS. ‘‘(a) GRANTS.—The Secretary, acting through the 10 Administrator of the Health Resources and Services Ad11 ministration, may award grants to institutions of higher 12 education (including multiple institutions of higher edu13 cation applying jointly) for the establishment, improve14 ment, and expansion of an allopathic or osteopathic school 15 of medicine, or a branch campus of an allopathic or osteo16 pathic school of medicine. 17 ‘‘(b) PRIORITY.—In selecting grant recipients under 18 this section, the Secretary shall give priority to institutions 19 of higher education that— 20 ‘‘(1) propose to use the grant for an allopathic 21 or osteopathic school of medicine, or a branch cam- 22 pus of an allopathic or osteopathic school of medi- 23 cine, in a combined statistical area with fewer than 24 200 actively practicing physicians per 100,000 resi- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00597 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 598 1 dents according to the medical board (or boards) of 2 the State (or States) involved; 3 4 ‘‘(2) have a curriculum that emphasizes care for diverse and underserved populations; or 5 ‘‘(3) are minority-serving institutions described 6 in the list in section 371(a) of the Higher Education 7 Act of 1965. 8 ‘‘(c) USE OF FUNDS.—The activities for which a 9 grant under this section may be used include— 10 ‘‘(1) planning and constructing— 11 ‘‘(A) a new allopathic or osteopathic school 12 of medicine in an area in which no other school 13 is based; or 14 ‘‘(B) a branch campus of an allopathic or 15 osteopathic school of medicine in an area in 16 which no such school is based; 17 ‘‘(2) accreditation and planning activities for an 18 allopathic or osteopathic school of medicine or 19 branch campus; 20 ‘‘(3) hiring faculty and other staff to serve at 21 an allopathic or osteopathic school of medicine or 22 branch campus; 23 ‘‘(4) recruitment and enrollment of students at 24 an allopathic or osteopathic school of medicine or 25 branch campus; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00598 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 599 1 ‘‘(5) supporting educational programs at an 2 allopathic or osteopathic school of medicine or 3 branch campus; 4 ‘‘(6) modernizing infrastructure or curriculum 5 at an existing allopathic or osteopathic school of 6 medicine or branch campus thereof; 7 ‘‘(7) expanding infrastructure or curriculum at 8 existing an allopathic or osteopathic school of medi- 9 cine or branch campus; and 10 ‘‘(8) other activities that the Secretary deter- 11 mines further the development, improvement, and 12 expansion of an allopathic or osteopathic school of 13 medicine or branch campus thereof. 14 ‘‘(d) DEFINITIONS.—In this section: 15 ‘‘(1) The term ‘branch campus’ means a geo- 16 graphically separate site at least 100 miles from the 17 main campus of a school of medicine where at least 18 one student completes at least 60 percent of the stu- 19 dent’s training leading to a degree of doctor of medi- 20 cine. 21 ‘‘(2) The term ‘institution of higher education’ 22 has the meaning given to such term in section 23 101(a) of the Higher Education Act of 1965. 24 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To 25 carry out this section, there is authorized to be appro- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00599 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 600 1 priated $1,000,000,000, to remain available until ex2 pended.’’. 3 GAO STUDY ON PUBLIC HEALTH WORKFORCE 4 SEC. 30616. 5 (a) IN GENERAL.—The Comptroller General of the 6 United States shall conduct a study on the public health 7 workforce in the United States during the COVID–19 8 pandemic. 9 (b) TOPICS.—The study under subsection (a) shall 10 address— 11 (1) existing gaps in the Federal, State, local, 12 Tribal, and territorial public health workforce, in- 13 cluding— 14 (A) epidemiological and disease interven- 15 tion specialists needed during the pandemic for 16 contact tracing, laboratory technicians nec- 17 essary for testing, community health workers 18 for community supports and services, and other 19 staff necessary for contact tracing, testing, or 20 surveillance activities; and 21 (B) other personnel needed during the 22 COVID–19 pandemic; 23 (2) challenges associated with the hiring, re- 24 cruitment, and retention of the Federal, State, local, 25 Tribal, and territorial public health workforce; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00600 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 601 1 (3) recommended steps the Federal Government 2 should take to improve hiring, recruitment, and re- 3 tention of the public health workforce. 4 (c) REPORT.—Not later than December 1, 2021, the 5 Comptroller General shall submit to the Congress a report 6 on the findings of the study conducted under this section. 7 LONGITUDINAL STUDY ON THE IMPACT OF COVID–19 ON 8 RECOVERED PATIENTS 9 SEC. 30617. 10 Part A of title IV of the Public Health Service Act 11 (42 U.S.C. 281 et seq.) is amended by adding at the end 12 the following: 13 ‘‘SEC. 404O. LONGITUDINAL STUDY ON THE IMPACT OF 14 COVID–19 ON RECOVERED PATIENTS. 15 ‘‘(a) IN GENERAL.—The Director of NIH, in con- 16 sultation with the Director of the Centers for Disease Con17 trol and Prevention, shall conduct a longitudinal study, 18 over not less than 10 years, on the full impact of SARS– 19 CoV–2 or COVID–19 on infected individuals, including 20 both short-term and long-term health impacts. 21 ‘‘(b) TIMING.—The Director of NIH shall begin en- 22 rolling patients in the study under this section not later 23 than 6 months after the date of enactment of this section. 24 ‘‘(c) REQUIREMENTS.—The study under this section 25 shall— 26 ‘‘(1) be nationwide; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00601 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 602 1 ‘‘(2) include diversity of enrollees to account for 2 gender, 3 comorbidities, and underrepresented populations, in- 4 cluding pregnant and lactating women; age, race, ethnicity, geography, 5 ‘‘(3) study individuals with COVID–19 who ex- 6 perienced mild symptoms, such individuals who expe- 7 rienced moderate symptoms, and such individuals 8 who experienced severe symptoms; 9 ‘‘(4) monitor the health outcomes and symp- 10 toms of individuals with COVID–19, or who had 11 prenatal exposure to SARS–CoV–2 or COVID–19, 12 including lung capacity and function, and immune 13 response, taking into account any pharmaceutical 14 interventions such individuals may have received; 15 ‘‘(5) monitor the mental health outcomes of in- 16 dividuals with COVID–19, taking into account any 17 interventions that affected mental health; and 18 ‘‘(6) monitor individuals enrolled in the study 19 not less frequently than twice per year after the first 20 year of the individual’s infection with SARS–CoV–2. 21 ‘‘(d) PUBLIC-PRIVATE RESEARCH NETWORK.—For 22 purposes of carrying out the study under this section, the 23 Director of NIH may develop a network of public-private 24 research partners, provided that all research, including the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00602 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 603 1 research carried out through any such partner, is available 2 publicly. 3 ‘‘(e) SUMMARIES OF FINDINGS.—The Director of 4 NIH shall make public a summary of findings under this 5 section not less frequently than once every 3 months for 6 the first 2 years of the study, and not less frequently than 7 every 6 months thereafter. Such summaries may include 8 information about how the findings of the study under this 9 section compare with findings from research conducted 10 abroad. 11 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 12 is authorized to be appropriated to carry out this section 13 $200,000,000, to remain available until expended.’’. 14 RESEARCH ON THE MENTAL HEALTH IMPACT OF COVID– 15 19 16 SEC. 30618. 17 (a) IN GENERAL.—The Secretary, acting through the 18 Director of the National Institute of Mental Health, shall 19 conduct or support research on the mental health con20 sequences of SARS–CoV–2 or COVID–19. 21 (b) USE OF FUNDS.—Research under subsection (a) 22 may include the following: 23 (1) Research on the mental health impact of 24 SARS–CoV–2 or COVID–19 on health care pro- 25 viders, including— 26 (A) traumatic stress; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00603 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 604 1 (B) psychological distress; and 2 (C) psychiatric disorders. 3 4 (2) Research on the impact of SARS–CoV–2 or COVID–19 stressors on mental health over time. 5 (3) Research to strengthen the mental health 6 response to SARS–CoV–2 or COVID–19, including 7 adapting to and maintaining or providing additional 8 services for new or increasing mental health needs. 9 (4) Research on the reach, efficiency, effective- 10 ness, and quality of digital mental health interven- 11 tions. 12 (5) Research on effectiveness of strategies for 13 implementation and delivery of evidence-based men- 14 tal health interventions and services for underserved 15 populations. 16 17 (6) Research on suicide prevention. (c) RESEARCH COORDINATION.—The Secretary shall 18 coordinate activities under this section with similar activi19 ties conducted by national research institutes and centers 20 of the National Institutes of Health to the extent that 21 such institutes and centers have responsibilities that are 22 related to the mental health consequences of SARS–CoV– 23 2 or COVID–19. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00604 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 605 1 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 2 out this section, there is authorized to be appropriated 3 $200,000,000, to remain available until expended. 4 EMERGENCY MENTAL HEALTH AND SUBSTANCE USE 5 TRAINING AND TECHNICAL ASSISTANCE CENTER 6 SEC. 30619. 7 Subpart 3 of part B of title V of the Public Health 8 Service Act (42 U.S.C. 290bb–31 et seq.) is amended by 9 inserting after section 520A (42 U.S.C. 290bb–32) the fol10 lowing: 11 ‘‘SEC. 520B. EMERGENCY MENTAL HEALTH AND SUB- 12 STANCE USE TRAINING AND TECHNICAL AS- 13 SISTANCE CENTER. 14 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 15 through the Assistant Secretary, shall establish or operate 16 a center to be known as the Emergency Mental Health 17 and Substance Use Training and Technical Assistance 18 Center (referred to in this section as the ‘Center’) to pro19 vide technical assistance and support— 20 ‘‘(1) to public or nonprofit entities seeking to 21 establish or expand access to mental health and sub- 22 stance use prevention, treatment, and recovery sup- 23 port services, and increase awareness of such serv- 24 ices; and 25 ‘‘(2) to public health professionals, health care 26 professionals and support staff, essential workers (as g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00605 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 606 1 defined by a State, Tribe, locality, or territory), and 2 members of the public to address the trauma, stress, 3 and mental health needs associated with an emer- 4 gency period. 5 ‘‘(b) ASSISTANCE AND SUPPORT.—The assistance 6 and support provided under subsection (a) shall include 7 assistance and support with respect to— 8 9 ‘‘(1) training on identifying signs of trauma, stress, and mental health needs; 10 ‘‘(2) providing accessible resources to assist in- 11 dividuals and families experiencing trauma, stress, 12 or other mental health needs during and after an 13 emergency period; 14 ‘‘(3) providing resources for substance use dis- 15 order prevention, treatment, and recovery designed 16 to assist individuals and families during and after an 17 emergency period; 18 ‘‘(4) the provision of language access services, 19 including translation services, interpretation, or 20 other such services for individuals with limited 21 English speaking proficiency or people with disabil- 22 ities; and 23 ‘‘(5) evaluation and improvement, as necessary, 24 of the effectiveness of such services provided by pub- 25 lic or nonprofit entities. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00606 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 607 1 ‘‘(c) BEST PRACTICES.—The Center shall periodi- 2 cally issue best practices for use by organizations seeking 3 to provide mental health services or substance use disorder 4 prevention, treatment, or recovery services to individuals 5 during and after an emergency period. 6 ‘‘(d) EMERGENCY PERIOD.—In this section, the term 7 ‘emergency period’ has the meaning given such term in 8 section 1135(g)(1)(A) of the Social Security Act. 9 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 10 is authorized to be appropriated to carry out this section 11 $20,000,000 for each of fiscal years 2020 and 2021.’’. 12 IMPORTANCE OF THE BLOOD AND PLASMA SUPPLY 13 SEC. 30620. 14 (a) IN GENERAL.—Section 3226 of the CARES Act 15 (Public Law 116–136) is amended— 16 (1) in the section heading after ‘‘BLOOD’’ by 17 inserting ‘‘AND 18 PLASMA’’; and (2) by inserting after ‘‘blood’’ each time it ap- 19 pears ‘‘and plasma’’. 20 (b) CONFORMING AMENDMENT.—The item relating 21 to section 3226 in the table of contents in section 2 of 22 the CARES Act (Public Law 116–136) is amended to read 23 as follows: ‘‘Sec. 3226. Importance of the blood and plasma supply.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00607 Fmt 6652 Sfmt 6211 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 608 1 Subtitle B—Assistance for Individuals and Families 2 REIMBURSEMENT FOR ADDITIONAL HEALTH SERVICES 3 RELATING TO CORONAVIRUS 4 SEC. 30631. 5 Title V of division A of the Families First 6 Coronavirus Response Act (Public Law 116–127) is 7 amended under the heading ‘‘Department of Health and 8 Human Services—Office of the Secretary—Public Health 9 and Social Services Emergency Fund’’ by inserting ‘‘, or 10 treatment related to SARS–CoV–2 or COVID–19 for un11 insured individuals’’ after ‘‘or visits described in para12 graph (2) of such section for uninsured individuals’’. 13 CENTERS FOR DISEASE CONTROL AND PREVENTION 14 COVID–19 RESPONSE LINE 15 SEC. 30632. 16 (a) IN GENERAL.—During the public health emer- 17 gency declared by the Secretary pursuant to section 319 18 of the Public Health Service Act (42 U.S.C. 247d) on Jan19 uary 31, 2020 with respect to COVID–19, the Secretary, 20 acting through the Director of the Centers for Disease 21 Control and Prevention, shall maintain a toll-free tele22 phone number to address public health queries, including 23 questions concerning COVID–19. 24 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 25 out this section, there is authorized to be appropriated 26 $10,000,000, to remain available until expended. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00608 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 609 1 GRANTS TO ADDRESS SUBSTANCE USE DURING COVID–19 2 SEC. 30633. 3 (a) IN GENERAL.—The Assistant Secretary for Men- 4 tal Health and Substance Use of the Department of 5 Health and Human Services (in this section referred to 6 as the ‘‘Assistant Secretary’’), in consultation with the Di7 rector of the Centers for Disease Control and Prevention, 8 shall award grants to States, political subdivisions of 9 States, Tribes, Tribal organizations, and community-based 10 entities to address the harms of drug misuse, including 11 by— 12 (1) preventing and controlling the spread of in- 13 fectious diseases, such as HIV/AIDS and viral hepa- 14 titis, and the consequences of such diseases for indi- 15 viduals with substance use disorder; 16 (2) connecting individuals at risk for or with a 17 substance use disorder to overdose education, coun- 18 seling, and health education; or 19 (3) encouraging such individuals to take steps 20 to reduce the negative personal and public health 21 impacts of substance use or misuse during the emer- 22 gency period. 23 (b) CONSIDERATIONS.—In awarding grants under 24 this section, the Assistant Secretary shall prioritize grants 25 to applicants proposing to serve areas with— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00609 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 610 1 (1) a high proportion of people who meet cri- 2 teria for dependence on or abuse of illicit drugs who 3 have not received any treatment; 4 (2) high drug overdose death rates; 5 (3) high telemedicine infrastructure needs; and 6 (4) high behavioral health and substance use 7 disorder workforce needs. 8 (c) DEFINITION.—In this section, the term ‘‘emer- 9 gency period’’ has the meaning given to such term in sec10 tion 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 11 1320b–5(g)(1)(B))). 12 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 13 out this section, there is authorized to be appropriated 14 $10,000,000, to remain available until expended. 15 GRANTS TO SUPPORT INCREASED BEHAVIORAL HEALTH 16 NEEDS DUE TO COVID–19 17 SEC. 30634. 18 (a) IN GENERAL.—The Secretary, acting through the 19 Assistant Secretary of Mental Health and Substance Use, 20 shall award grants to States, political subdivisions of 21 States, Indian Tribes and Tribal organizations, commu22 nity-based entities, and primary care and behavioral 23 health organizations to address behavioral health needs 24 caused by the public health emergency declared pursuant 25 to section 319 of the Public Health Service Act (42 U.S.C. 26 247d) with respect to COVID–19. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00610 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 611 1 (b) USE OF FUNDS.—An entity that receives a grant 2 under subsection (a) may use funds received through such 3 grant to— 4 5 (1) increase behavioral health treatment and prevention capacity, including to— 6 (A) promote coordination among local enti- 7 ties; 8 (B) train the behavioral health workforce, 9 relevant stakeholders, and community members; 10 (C) upgrade technology to support effective 11 delivery of health care services through tele- 12 health modalities; 13 (D) purchase medical supplies and equip- 14 ment for behavioral health treatment entities 15 and providers; 16 (E) address surge capacity for behavioral 17 health needs such as through mobile units; and 18 (F) promote collaboration between primary 19 care and mental health providers; and 20 (2) support or enhance behavioral health serv- 21 ices, including— 22 (A) emergency crisis intervention, includ- 23 ing mobile crisis units, 24/7 crisis call centers, 24 and medically staffed crisis stabilization pro- 25 grams; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00611 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 612 1 (B) screening, assessment, diagnosis, and 2 treatment; 3 (C) mental health awareness trainings; 4 (D) evidence-based suicide prevention; 5 (E) evidence-based integrated care models; 6 (F) community recovery supports; 7 (G) outreach to underserved and minority 8 communities; and 9 10 (H) for front line health care workers. (c) PRIORITY.—The Secretary shall give priority to 11 applicants proposing to serve areas with a high number 12 of COVID–19 cases. 13 (d) EVALUATION.—An entity that receives a grant 14 under this section shall prepare and submit an evaluation 15 to the Secretary at such time, in such manner, and con16 taining such information as the Secretary may reasonably 17 require, including— 18 19 (1) an evaluation of activities carried out with funds received through the grant; and 20 21 (2) a process and outcome evaluation. (e) AUTHORIZATION OF APPROPRIATIONS.—To carry 22 out this section, there is authorized to be appropriated 23 $50,000,000 for each of fiscal years 2020 and 2021, to 24 remain available until expended. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00612 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 613 1 Subtitle C—Assistance to Tribes 2 IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH 3 SECURITY 4 SEC. 30641. 5 Section 319C–1 of the Public Health Service Act (42 6 U.S.C. 247d–3a) is amended— 7 8 (1) in the section heading, by striking ‘‘AND LOCAL’’ 9 and inserting ‘‘, (2) in subsection (b)— 10 (A) in paragraph (1)— 11 (i) in subparagraph (B), by striking 12 ‘‘or’’ at the end; 13 (ii) in subparagraph (C), by striking 14 ‘‘and’’ at the end and inserting ‘‘or’’; and 15 (iii) by adding at the end the fol- 16 lowing: 17 ‘‘(D) be an Indian Tribe, Tribal organiza- 18 tion, or a consortium of Indian Tribes or Tribal 19 organizations; and’’; and 20 (B) in paragraph (2)— 21 (i) in the matter preceding subpara- 22 graph (A), by inserting ‘‘, as applicable’’ 23 after ‘‘including’’; 24 (ii) in subparagraph (A)(viii)— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 LOCAL, AND TRIBAL’’; 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00613 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 614 1 (I) by inserting ‘‘and Tribal’’ 2 after ‘‘with State’’; 3 (II) by striking ‘‘(as defined in 4 section 8101 of the Elementary and 5 Secondary Education Act of 1965)’’ 6 and inserting ‘‘and Tribal educational 7 agencies (as defined in sections 8101 8 and 6132, respectively, of the Elemen- 9 tary and Secondary Education Act of 10 1965)’’; and 11 (III) by inserting ‘‘and Tribal’’ 12 after ‘‘and State’’; 13 (iii) in subparagraph (G), by striking 14 ‘‘and tribal’’ and inserting ‘‘Tribal, and 15 urban Indian organization’’; and 16 (iv) in subparagraph (H), by inserting 17 ‘‘, Indian Tribes, and urban Indian organi- 18 zations’’ after ‘‘public health’’; 19 (3) in subsection (e), by inserting ‘‘Indian 20 Tribes, Tribal organizations, urban Indian organiza- 21 tions,’’ after ‘‘local emergency plans,’’; 22 23 (4) in subsection (g)(1), by striking ‘‘tribal officials’’ and inserting ‘‘Tribal officials’’; 24 (5) in subsection (h)— 25 (A) in paragraph (1)(A)— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00614 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 615 1 (i) by striking ‘‘through 2023’’ and 2 inserting ‘‘and 2020’’; and 3 (ii) by inserting before the period ‘‘; 4 and $690,000,000 for each of fiscal years 5 2021 through 2023 for awards pursuant to 6 paragraph (3) (subject to the authority of 7 the Secretary to make awards pursuant to 8 paragraphs (4) and (5)) and paragraph 9 (8), of which not less than $5,000,000 10 shall be reserved each fiscal year for 11 awards under paragraph (8)’’; 12 (B) in subsection (h)(2)(B), by striking 13 ‘‘tribal public’’ and inserting ‘‘Tribal public’’; 14 (C) in the heading of paragraph (3), by in- 15 serting ‘‘FOR 16 after ‘‘AMOUNT’’; and (D) by adding at the end the following: 17 ‘‘(8) TRIBAL 18 ‘‘(A) 19 ELIGIBLE ENTITIES.— DETERMINATION OF FUNDING AMOUNT.— 20 ‘‘(i) IN GENERAL.—The Secretary 21 shall award at least 10 cooperative agree- 22 ments under this section, in amounts not 23 less than the minimum amount determined 24 under clause (ii), to eligible entities de- 25 scribed in subsection (b)(1)(D) that sub- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 STATES’’ 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00615 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 616 1 mits to the Secretary an application that 2 meets the criteria of the Secretary for the 3 receipt of such an award and that meets 4 other reasonable implementation conditions 5 established by the Secretary, in consulta- 6 tion with Indian Tribes, for such awards. 7 If the Secretary receives more than 10 ap- 8 plications under this section from eligible 9 entities described in subsection (b)(1)(D) 10 that meet the criteria and conditions de- 11 scribed in the previous sentence, the Sec- 12 retary, in consultation with Indian Tribes, 13 may make additional awards under this 14 section to such entities. 15 ‘‘(ii) MINIMUM deter- 16 mining the minimum amount of an award 17 pursuant to clause (i), the Secretary, in 18 consultation with Indian Tribes, shall first 19 determine an amount the Secretary con- 20 siders appropriate for the eligible entity. 21 ‘‘(B) AVAILABLE UNTIL EXPENDED.— 22 Amounts provided to a Tribal eligible entity 23 under a cooperative agreement under this sec- 24 tion for a fiscal year and remaining unobligated 25 at the end of such year shall remain available g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AMOUNT.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00616 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 617 1 to such entity during the entirety of the per- 2 formance period, for the purposes for which 3 said funds were provided. 4 ‘‘(C) NO MATCHING REQUIREMENT.—Sub- 5 paragraphs (B), (C), and (D) of paragraph (1) 6 shall not apply with respect to cooperative 7 agreements awarded under this section to eligi- 8 ble entities described in subsection (b)(1)(D).’’; 9 and 10 11 (6) by adding at the end the following: ‘‘(l) SPECIAL RULES RELATED TO TRIBAL ELIGIBLE 12 ENTITIES.— 13 ‘‘(1) MODIFICATIONS.—After consultation with 14 Indian Tribes, the Secretary may make necessary 15 and appropriate modifications to the program under 16 this section to facilitate the use of the cooperative 17 agreement program by eligible entities described in 18 subsection (b)(1)(D). 19 ‘‘(2) WAIVERS.— 20 ‘‘(A) IN as provided in 21 subparagraph (B), the Secretary may waive or 22 specify alternative requirements for any provi- 23 sion of this section (including regulations) that 24 the Secretary administers in connection with 25 this section if the Secretary finds that the waiv- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Except 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00617 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 618 1 er or alternative requirement is necessary for 2 the effective delivery and administration of this 3 program with respect to eligible entities de- 4 scribed in subsection (b)(1)(D). 5 ‘‘(B) EXCEPTION.—The Secretary may not 6 waive or specify alternative requirements under 7 subparagraph (A) relating to labor standards or 8 the environment. 9 ‘‘(3) CONSULTATION.—The Secretary shall con- 10 sult with Indian Tribes and Tribal organizations on 11 the design of this program with respect to such 12 Tribes and organizations to ensure the effectiveness 13 of the program in enhancing the security of Indian 14 Tribes with respect to public health emergencies. 15 ‘‘(4) REPORTING.— 16 ‘‘(A) IN later than 2 years 17 after the date of enactment of this subsection, 18 and as an addendum to the biennial evaluations 19 required under subsection (k), the Secretary, in 20 coordination with the Director of the Indian 21 Health Service, shall— 22 ‘‘(i) conduct a review of the implemen- 23 tation of this section with respect to eligi- 24 ble g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Not 12:13 May 12, 2020 Jkt 000000 entities described in subsection (763351 3) PO 00000 Frm 00618 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 619 1 (b)(1)(D), including any factors that may 2 have limited its success; and 3 ‘‘(ii) submit a report describing the 4 results of the review described in clause (i) 5 to— 6 ‘‘(I) the Committee on Indian Af- 7 fairs, the Committee on Health, Edu- 8 cation, Labor and Pensions, and the 9 Committee on Appropriations of the 10 Senate; and 11 ‘‘(II) the Subcommittee for In- 12 digenous Peoples of the United States 13 of the Committee on Natural Re- 14 sources, the Committee on Energy 15 and Commerce, and the Committee on 16 Appropriations of the House of Rep- 17 resentatives. 18 ‘‘(B) OF TRIBAL PUBLIC 19 HEALTH EMERGENCY INFRASTRUCTURE LIMI- 20 TATION.—The 21 initial report submitted under subparagraph (A) 22 a description of any public health emergency in- 23 frastructure limitation encountered by eligible 24 entities described in subsection (b)(1)(D).’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ANALYSIS 12:13 May 12, 2020 Jkt 000000 Secretary shall include in the (763351 3) PO 00000 Frm 00619 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 620 1 PROVISION OF ITEMS TO INDIAN PROGRAMS AND 2 FACILITIES 3 SEC. 30642. 4 (a) STRATEGIC NATIONAL STOCKPILE.—Section 5 319F–2(a)(3)(G) of the Public Health Service Act (42 6 U.S.C. 247d–6b(a)(3)(G)) is amended by inserting ‘‘, and, 7 in the case that the Secretary deploys the stockpile under 8 this subparagraph, ensure, in coordination with the appli9 cable States and programs and facilities, that appropriate 10 drugs, vaccines and other biological products, medical de11 vices, and other supplies are deployed by the Secretary di12 rectly to health programs or facilities operated by the In13 dian Health Service, an Indian Tribe, a Tribal organiza14 tion (as those terms are defined in section 4 of the Indian 15 Self-Determination and Education Assistance Act (25 16 U.S.C. 5304)), or an inter-Tribal consortium (as defined 17 in section 501 of the Indian Self-Determination and Edu18 cation Assistance Act (25 U.S.C. 5381)) or through an 19 urban Indian organization (as defined in section 4 of the 20 Indian Health Care Improvement Act), while avoiding du21 plicative distributions to such programs or facilities’’ be22 fore the semicolon. 23 24 (b) DISTRIBUTION OF QUALIFIED PANDEMIC OR EPIDEMIC g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 PRODUCTS TO IHS FACILITIES.—Title III of the (763351 3) PO 00000 Frm 00620 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 621 1 Public Health Service Act (42 U.S.C. 241 et seq.) is 2 amended by inserting after section 319F–4 the following: 3 ‘‘SEC. 319F–5. DISTRIBUTION OF QUALIFIED PANDEMIC OR 4 EPIDEMIC PRODUCTS TO INDIAN PROGRAMS 5 AND FACILITIES. 6 ‘‘In the case that the Secretary distributes qualified 7 pandemic or epidemic products (as defined in section 8 319F–3(i)(7)) to States or other entities, the Secretary 9 shall ensure, in coordination with the applicable States 10 and programs and facilities, that, as appropriate, such 11 products are distributed directly to health programs or fa12 cilities operated by the Indian Health Service, an Indian 13 Tribe, a Tribal organization (as those terms are defined 14 in section 4 of the Indian Self-Determination and Edu15 cation Assistance Act (25 U.S.C. 5304)), or an inter-Trib16 al consortium (as defined in section 501 of the Indian 17 Self-Determination and Education Assistance Act (25 18 U.S.C. 5381)) or through an urban Indian organization 19 (as defined in section 4 of the Indian Health Care Im20 provement Act), while avoiding duplicative distributions to 21 such programs or facilities.’’. 22 HEALTH CARE ACCESS FOR URBAN NATIVE VETERANS 23 SEC. 30643. 24 Section 405 of the Indian Health Care Improvement 25 Act (25 U.S.C. 1645) is amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00621 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 622 1 (1) in subsection (a)(1), by inserting ‘‘urban In- 2 dian organizations,’’ before ‘‘and tribal organiza- 3 tions’’; and 4 (2) in subsection (c)— 5 (A) by inserting ‘‘urban Indian organiza- 6 tion,’’ before ‘‘or tribal organization’’; and 7 (B) by inserting ‘‘an urban Indian organi- 8 9 zation,’’ before ‘‘or a tribal organization’’. PROPER AND REIMBURSED CARE FOR NATIVE VETERANS 10 SEC. 30644. 11 Section 405(c) of the Indian Health Care Improve- 12 ment Act (25 U.S.C. 1645(c)) is amended by inserting be13 fore the period at the end the following: ‘‘, regardless of 14 whether such services are provided directly by the Service, 15 an Indian tribe, or tribal organization, through contract 16 health services, or through a contract for travel described 17 in section 213(b)’’. 18 AMENDMENT TO THE INDIAN HEALTH CARE 19 IMPROVEMENT ACT 20 SEC. 30645. 21 Section 409 of the Indian Health Care Improvement 22 Act (25 U.S.C. 1647b) is amended by inserting ‘‘or the 23 Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 24 et seq.)’’ after ‘‘(25 U.S.C. 450 et seq.)’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00622 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 623 DIVISION D—RETIREMENT PROVISIONS 1 2 3 SEC. 40001. SHORT TITLE. 4 This division may be cited as the ‘‘Emergency Pen- 5 sion Plan Relief Act of 2020’’. 7 TITLE I—RELIEF FOR MULTIEMPLOYER PENSION PLANS 8 SEC. 40101. SPECIAL PARTITION RELIEF. 6 9 (a) APPROPRIATION.—Section 4005 of the Employee 10 Retirement Income Security Act of 1974 (29 U.S.C. 1305) 11 is amended by adding at the end the following: 12 ‘‘(i)(1) An eighth fund shall be established for parti- 13 tion assistance to multiemployer pension plans, as pro14 vided under section 4233A, and to pay for necessary ad15 ministrative and operating expenses relating to such as16 sistance. 17 ‘‘(2) There is appropriated from the general fund 18 such amounts as necessary for the costs of providing parti19 tion assistance under section 4233A and necessary admin20 istrative and operating expenses. The eighth fund estab21 lished under this subsection shall be credited with such 22 amounts from time to time as the Secretary of the Treas23 ury determines appropriate, from the general fund of the 24 Treasury, and such amounts shall remain available until 25 expended.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00623 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 624 1 (b) SPECIAL PARTITION AUTHORITY.—The Em- 2 ployee Retirement Income Security Act of 1974 (29 3 U.S.C. 1001 et seq.) is amended by inserting after section 4 4233 the following: 5 ‘‘SEC. 4233A. SPECIAL PARTITION RELIEF. 6 ‘‘(a) SPECIAL PARTITION AUTHORITY.— 7 ‘‘(1) IN the application of a 8 plan sponsor of an eligible multiemployer plan for 9 partition of the plan under this section, the corpora- 10 tion shall order a partition of the plan in accordance 11 with this section. 12 ‘‘(2) INAPPLICABILITY OF CERTAIN REPAYMENT 13 OBLIGATION.—A 14 pursuant to this section shall not be subject to re- 15 payment obligations under section 4261(b)(2). 16 ‘‘(b) ELIGIBLE PLANS.— 17 ‘‘(1) IN plan receiving partition assistance GENERAL.—For purposes of this sec- 18 tion, a multiemployer plan is an eligible multiem- 19 ployer plan if— 20 ‘‘(A) the plan is in critical and declining 21 status 22 305(b)(6)) in any plan year beginning in 2020 23 through 2024; (within the meaning of section 24 ‘‘(B) a suspension of benefits has been ap- 25 proved with respect to the plan under section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Upon 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00624 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 625 1 305(e)(9) as of the date of the enactment of 2 this section; 3 ‘‘(C) in any plan year beginning in 2020 4 through 2024, the plan is certified by the plan 5 actuary to be in critical status (within the 6 meaning of section 305(b)(2)), has a modified 7 funded percentage of less than 40 percent, and 8 has a ratio of active to inactive participants 9 which is less than 2 to 3; or 10 ‘‘(D) the plan is insolvent for purposes of 11 section 418E of the Internal Revenue Code of 12 1986 as of the date of enactment of this sec- 13 tion, if the plan became insolvent after Decem- 14 ber 16, 2014, and has not been terminated by 15 such date of enactment. 16 ‘‘(2) MODIFIED 17 purposes of paragraph (1)(C), the term ‘modified 18 funded percentage’ means the percentage equal to a 19 fraction the numerator of which is current value of 20 plan assets (as defined in section 3(26) of such Act) 21 and the denominator of which is current liabilities 22 (as defined in section 431(c)(6)(D) of such Code and 23 section 304(c)(6)(D) of such Act). 24 ‘‘(c) APPLICATIONS FOR SPECIAL PARTITION.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FUNDED PERCENTAGE.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00625 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 626 1 ‘‘(1) GUIDANCE.—The corporation shall issue 2 guidance setting forth requirements for special parti- 3 tion applications under this section not later than 4 120 days after the date of the enactment of this sec- 5 tion. In such guidance, the corporation shall— 6 ‘‘(A) limit the materials required for a spe- 7 cial partition application to the minimum nec- 8 essary to make a determination on the applica- 9 tion; and 10 ‘‘(B) provide for an alternate application 11 for special partition under this section, which 12 may be used by a plan that has been approved 13 for a partition under section 4233 before the 14 date of enactment of this section. 15 ‘‘(2) TEMPORARY 16 APPLICATIONS.— 17 ‘‘(A) IN GENERAL.—The corporation may 18 specify in guidance under paragraph (1) that, 19 during the first 2 years following the date of 20 enactment of this section, special partition ap- 21 plications will be provided priority consider- 22 ation, if— 23 ‘‘(i) the plan is likely to become insol- 24 vent within 5 years of the date of enact- 25 ment of this section; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PRIORITY CONSIDERATION OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00626 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 627 1 ‘‘(ii) the corporation projects a plan to 2 have a present value of financial assistance 3 payments under section 4261 that exceeds 4 $1,000,000,000 if the special partition is 5 not ordered; 6 ‘‘(iii) the plan has implemented ben- 7 efit suspensions under section 305(e)(9) as 8 of the date of the enactment of this sec- 9 tion; or 10 ‘‘(iv) the corporation determines it ap- 11 propriate based on other circumstances. 12 ‘‘(B) NO 13 ANCE.—A 14 tition assistance under this section shall not re- 15 ceive reduced special partition assistance on ac- 16 count of not receiving priority consideration 17 under subparagraph (A). 18 ‘‘(3) ACTUARIAL plan that is approved for special par- ASSUMPTIONS AND OTHER IN- 19 FORMATION.—The 20 tions incorporated in a multiemployer plan’s deter- 21 mination that it is in critical status or critical and 22 declining status (within the meaning of section 23 305(b)), or that the plan’s modified funded percent- 24 age is less than 40 percent, unless such assumptions 25 are clearly erroneous. The corporation may require g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 EFFECT ON AMOUNT OF ASSIST- 12:13 May 12, 2020 Jkt 000000 corporation shall accept assump- (763351 3) PO 00000 Frm 00627 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 628 1 such other information as the corporation deter- 2 mines appropriate for making a determination of eli- 3 gibility and the amount of special partition assist- 4 ance necessary under this section. 5 ‘‘(4) APPLICATION DEADLINE.—Any application 6 by a plan for special partition assistance under this 7 section shall be submitted no later than December 8 31, 2026, and any revised application for special 9 partition assistance shall be submitted no later than 10 December 31, 2027. 11 ‘‘(5) NOTICE OF APPLICATION.—Not later than 12 120 days after the date of enactment of this section, 13 the corporation shall issue guidance requiring multi- 14 employer plans to notify participants and bene- 15 ficiaries that the plan has applied for partition 16 under this section, after the corporation has deter- 17 mined that the application is complete. Such notice 18 shall reference the special partition relief internet 19 website described in subsection (p). 20 ‘‘(d) DETERMINATIONS ON APPLICATIONS.—A plan’s 21 application for special partition under this section that is 22 timely filed in accordance with guidance issued under sub23 section (c)(1) shall be deemed approved and the corpora24 tion shall issue a special partition order unless the cor25 poration notifies the plan within 120 days of the filing g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00628 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 629 1 of the application that the application is incomplete or the 2 plan is not eligible under this section. Such notice shall 3 specify the reasons the plan is ineligible for a special parti4 tion or information needed to complete the application. If 5 a plan is denied partition under this subsection, the plan 6 may submit a revised application under this section. Any 7 revised application for special partition submitted by a 8 plan shall be deemed approved unless the corporation noti9 fies the plan within 120 days of the filing of the revised 10 application that the application is incomplete or the plan 11 is not eligible under this section. A special partition order 12 issued by the corporation shall be effective no later than 13 120 days after a plan’s special partition application is ap14 proved by the corporation or deemed approved. 15 ‘‘(e) AMOUNT AND MANNER OF SPECIAL PARTITION 16 ASSISTANCE.— 17 ‘‘(1) IN liabilities of an eligible 18 multiemployer plan that the corporation assumes 19 pursuant to a special partition order under this sec- 20 tion shall be the amount necessary for the plan to 21 meet its funding goals described in subsection (g). 22 ‘‘(2) NO CAP.—Liabilities assumed by the cor- 23 poration pursuant to a special partition order under 24 this section shall not be capped by the guarantee g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00629 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 630 1 under section 4022A. The corporation shall have dis- 2 cretion on how liabilities of the plan are partitioned. 3 ‘‘(f) SUCCESSOR PLAN.— 4 ‘‘(1) IN plan created by a spe- 5 cial partition order under this section is a successor 6 plan to which section 4022A applies. 7 ‘‘(2) PLAN SPONSOR AND ADMINISTRATOR.— 8 The plan sponsor of an eligible multiemployer plan 9 prior to the special partition and the administrator 10 of such plan shall be the plan sponsor and the ad- 11 ministrator, respectively, of the plan created by the 12 partition. 13 ‘‘(g) FUNDING GOALS.— 14 ‘‘(1) IN GENERAL.—The funding goals of a 15 multiemployer plan eligible for partition under this 16 section are both of the following: 17 ‘‘(A) The plan will remain solvent over 30 18 years with no reduction in a participant’s or 19 beneficiary’s accrued benefit (except to the ex- 20 tent of a reduction in accordance with section 21 305(e)(8) adopted prior to the plan’s applica- 22 tion for partition under this section). 23 ‘‘(B) The funded percentage of the plan 24 (disregarding partitioned benefits) at the end of 25 the 30-year period is projected to be 80 percent. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00630 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 631 1 ‘‘(2) BASIS.—The funding projections under 2 paragraph (1) shall be performed on a deterministic 3 basis. 4 ‘‘(h) RESTORATION OF BENEFIT SUSPENSIONS.—An 5 eligible multiemployer plan that is partitioned under this 6 section shall— 7 ‘‘(1) reinstate any benefits that were suspended 8 under section 305(e)(9) or section 4245(a), effective 9 as of the first month the special partition order is 10 effective, for participants or beneficiaries as of the 11 effective date of the partition; and 12 ‘‘(2) provide payments equal to the amount of 13 benefits previously suspended to any participants or 14 beneficiaries in pay status as of the effective date of 15 the special partition, payable in the form of a lump 16 sum within 3 months of such effective date or in 17 equal monthly installments over a period of 5 years, 18 with no adjustment for interest. 19 ‘‘(i) ADJUSTMENT 20 SPECIAL PARTITION ASSIST- ANCE.— 21 ‘‘(1) IN GENERAL.—Every 5 years, the corpora- 22 tion shall adjust the special partition assistance de- 23 scribed in subsection (e) as necessary for the eligible 24 multiemployer plan to satisfy the funding goals de- 25 scribed in subsection (g). If the 30 year period de- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00631 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 632 1 scribed in subsection (g) has lapsed, in applying this 2 paragraph, 5 years shall be substituted for 30 years. 3 ‘‘(2) SUBMISSION eligi- 4 ble multiemployer plan that is the subject of a spe- 5 cial partition order under subsection (a) shall submit 6 such information as the corporation may require to 7 determine the amount of the adjustment under para- 8 graph (1). 9 ‘‘(3) CESSATION OF ADJUSTMENTS.—Adjust- 10 ments under this subsection with respect to special 11 partition assistance for an eligible multiemployer 12 plan shall cease and the corporation shall perma- 13 nently assume liability for payment of any benefits 14 transferred to the successor plan (subject to sub- 15 section (l)) beginning with the first plan year that 16 the funded percentage of the eligible multiemployer 17 plan (disregarding partitioned benefits) is at least 18 80 percent and the plan’s projected funded percent- 19 age for each of the next 10 years is at least 80 per- 20 cent. Any accumulated funding deficiency of the 21 plan (within the meaning of section 304(a)) shall be 22 reduced to zero as of the first day of the plan year 23 for which partition assistance is permanent under 24 this paragraph. 25 ‘‘(j) CONDITIONS g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF INFORMATION.—An 12:13 May 12, 2020 Jkt 000000 ON PLANS DURING PARTITION.— (763351 3) PO 00000 Frm 00632 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 633 1 ‘‘(1) IN corporation may im- 2 pose, by regulation, reasonable conditions on an eli- 3 gible multiemployer plan that is partitioned under 4 section (a) relating to increases in future accrual 5 rates and any retroactive benefit improvements, allo- 6 cation of plan assets, reductions in employer con- 7 tribution rates, diversion of contributions to, and al- 8 location of, expenses to other retirement plans, and 9 withdrawal liability. 10 ‘‘(2) LIMITATIONS.—The corporation shall not 11 impose conditions on an eligible multiemployer plan 12 as a condition of or following receipt of such parti- 13 tion assistance under this section relating to— 14 ‘‘(A) any reduction in plan benefits (in- 15 cluding benefits that may be adjusted pursuant 16 to section 305(e)(8)); 17 ‘‘(B) plan governance, including selection 18 of, removal of, and terms of contracts with, 19 trustees, actuaries, investment managers, and 20 other service providers; or 21 ‘‘(C) any funding rules relating to the plan 22 that is partitioned under this section. 23 ‘‘(3) CONDITION.—An eligible multiemployer 24 plan that is partitioned under subsection (a) shall 25 continue to pay all premiums due under section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00633 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 634 1 4007 for participants and beneficiaries in the plan 2 created by a special partition order until the plan 3 year beginning after a cessation of adjustments ap- 4 plies under subsection (i). 5 ‘‘(k) WITHDRAWAL LIABILITY.—An employer’s with- 6 drawal liability for purposes of this title shall be calculated 7 taking into account any plan liabilities that are partitioned 8 under subsection (a) until the plan year beginning after 9 the expiration of 15 calendar years from the effective date 10 of the partition. 11 ‘‘(l) CESSATION OF PARTITION ASSISTANCE.—If a 12 plan that receives partition assistance under this section 13 becomes insolvent for purposes of section 418E of the In14 ternal Revenue Code of 1986, the plan shall no longer be 15 eligible for assistance under this section and shall be eligi16 ble for assistance under section 4261. 17 ‘‘(m) REPORTING.—An eligible multiemployer plan 18 that receives partition assistance under this section shall 19 file with the corporation a report, including the following 20 information, in such manner (which may include electronic 21 filing requirements) and at such time as the corporation 22 requires: 23 ‘‘(1) The funded percentage (as defined in sec- 24 tion 305(j)(2)) as of the first day of such plan year, 25 and the underlying actuarial value of assets and li- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00634 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 635 1 abilities taken into account in determining such per- 2 centage. 3 ‘‘(2) The market value of the assets of the plan 4 (determined as provided in paragraph (1)) as of the 5 last day of the plan year preceding such plan year. 6 ‘‘(3) The total value of all contributions made 7 by employers and employees during the plan year 8 preceding such plan year. 9 10 ‘‘(4) The total value of all benefits paid during the plan year preceding such plan year. 11 ‘‘(5) Cash flow projections for such plan year 12 and the 9 succeeding plan years, and the assump- 13 tions used in making such projections. 14 ‘‘(6) Funding standard account projections for 15 such plan year and the 9 succeeding plan years, and 16 the assumptions relied upon in making such projec- 17 tions. 18 ‘‘(7) The total value of all investment gains or 19 losses during the plan year preceding such plan year. 20 ‘‘(8) Any significant reduction in the number of 21 active participants during the plan year preceding 22 such plan year, and the reason for such reduction. 23 ‘‘(9) A list of employers that withdrew from the 24 plan in the plan year preceding such plan year, the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00635 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 636 1 payment schedule with respect to such withdrawal li- 2 ability, and the resulting reduction in contributions. 3 ‘‘(10) A list of employers that paid withdrawal 4 liability to the plan during the plan year preceding 5 such plan year and, for each employer, a total as- 6 sessment of the withdrawal liability paid, the annual 7 payment amount, and the number of years remain- 8 ing in the payment schedule with respect to such 9 withdrawal liability. 10 ‘‘(11) Any material changes to benefits, accrual 11 rates, or contribution rates during the plan year pre- 12 ceding such plan year, and whether such changes re- 13 late to the conditions of the partition assistance. 14 ‘‘(12) Details regarding any funding improve- 15 ment plan or rehabilitation plan and updates to such 16 plan. 17 ‘‘(13) The number of participants and bene- 18 ficiaries during the plan year preceding such plan 19 year who are active participants, the number of par- 20 ticipants and beneficiaries in pay status, and the 21 number of terminated vested participants and bene- 22 ficiaries. 23 ‘‘(14) The information contained on the most 24 recent annual funding notice submitted by the plan 25 under section 101(f). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00636 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 637 1 ‘‘(15) The information contained on the most 2 recent annual return under section 6058 of the In- 3 ternal Revenue Code of 1986 and actuarial report 4 under section 6059 of such Code of the plan. 5 ‘‘(16) Copies of the plan document and amend- 6 ments, other retirement benefit or ancillary benefit 7 plans relating to the plan and contribution obliga- 8 tions under such plans, a breakdown of administra- 9 tive expenses of the plan, participant census data 10 and distribution of benefits, the most recent actu- 11 arial valuation report as of the plan year, financial 12 reports, and copies of the portions of collective bar- 13 gaining agreements relating to plan contributions, 14 funding coverage, or benefits, and such other infor- 15 mation as the corporation may reasonably require. 16 Any information disclosed by a plan to the corporation 17 that could identify individual employers shall be confiden18 tial and not subject to publication or disclosure. 19 ‘‘(n) REPORT TO CONGRESS.— 20 ‘‘(1) IN later than 1 year after 21 the date of enactment of this section and annually 22 thereafter, the board of directors of the corporation 23 shall submit to the Committee on Health, Edu- 24 cation, Labor, and Pensions and the Committee on 25 Finance of the Senate and the Committee on Edu- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00637 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 638 1 cation and Labor and the Committee on Ways and 2 Means of the House of Representatives a detailed re- 3 port on the implementation and administration of 4 this section. Such report shall include— 5 ‘‘(A) information on the name and number 6 of multiemployer plans that have applied for 7 partition assistance under this section; 8 ‘‘(B) the name and number of such plans 9 that have been approved for partition assistance 10 under this section and the name and number of 11 the plans that have not been approved for spe- 12 cial partition assistance; 13 ‘‘(C) a detailed rationale for any decision 14 by the corporation to not approve an applica- 15 tion for special partition assistance; 16 ‘‘(D) the amount of special partition as- 17 sistance provided to eligible multiemployer 18 plans (including amounts provided on an indi- 19 vidual plan basis and in the aggregate); 20 ‘‘(E) the name and number of the multi- 21 employer plans that restored benefit suspen- 22 sions and provided lump sum or monthly in- 23 stallment payments to participants or bene- 24 ficiaries; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00638 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 639 1 ‘‘(F) the amount of benefits that were re- 2 stored and lump sum or monthly installment 3 payments that were paid (including amounts 4 provided on an individual plan basis and in the 5 aggregate); 6 ‘‘(G) the name and number of the plans 7 that received adjustments to partition assist- 8 ance under subsection (i); 9 ‘‘(H) a list of, and rationale for, each rea- 10 sonable condition imposed by the corporation on 11 plans approved for special partition assistance 12 under this section; 13 ‘‘(I) the contracts that have been awarded 14 by the corporation to implement or administer 15 this section; 16 ‘‘(J) the number, purpose, and dollar 17 amounts of the contracts that have been award- 18 ed to implement or administer the section; 19 ‘‘(K) a detailed summary of the reports re- 20 quired under subsection (m); and 21 ‘‘(L) a detailed summary of the feedback 22 received on the pension relief internet website 23 established under subsection (p). 24 ‘‘(2) PBGC 25 12:13 May 12, 2020 board of di- rectors of the corporation shall include with the re- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CERTIFICATION.—The Jkt 000000 (763351 3) PO 00000 Frm 00639 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 640 1 port under paragraph (1) a certification and affir- 2 mation that the amount of special partition assist- 3 ance provided to each plan under this section is the 4 amount necessary to meet its funding goals under 5 subsection (g), including, if applicable, any adjust- 6 ment of special partition assistance as determined 7 under subsection (i). 8 ‘‘(3) CONFIDENTIALITY.—Congress may pub- 9 licize the reports received under paragraph (1) only 10 after redacting all sensitive or proprietary informa- 11 tion. 12 ‘‘(o) GAO REPORT.—Not later than 1 year after the 13 first partition application is approved by the corporation 14 under this section, and biennially thereafter, the Comp15 troller General of the United States shall submit to the 16 Committee on Health, Education, Labor, and Pensions 17 and the Committee on Finance of the Senate and the 18 Committee on Education and Labor and the Committee 19 on Ways and Means of the House of Representatives a 20 detailed report on the actions of the corporation to imple21 ment and administer this section, including an examina22 tion of the contracts awarded by such corporation to carry 23 out this section and an analysis of such corporation’s com24 pliance with subsections (e) and (g). 25 ‘‘(p) SPECIAL PARTITION RELIEF WEBSITE.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00640 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 641 1 ‘‘(1) ESTABLISHMENT.—Not later than 120 2 days after the date of enactment of this section, the 3 corporation shall establish and maintain a user- 4 friendly, public-facing internet website to foster 5 greater accountability and transparency in the im- 6 plementation and administration of this section. 7 ‘‘(2) PURPOSE.—The internet website estab- 8 lished and maintained under paragraph (1) shall be 9 a portal to key information relating to this section 10 for multiemployer plan administrators and trustees, 11 plan participants, beneficiaries, participating em- 12 ployers, other stakeholders, and the public. 13 14 ‘‘(3) CONTENT internet website established under paragraph (1) shall— 15 ‘‘(A) describe the nature and scope of the 16 special partition authority and assistance under 17 this section in a manner calculated to be under- 18 stood by the average plan participant; 19 ‘‘(B) include published guidance, regula- 20 tions, and all other relevant information on the 21 implementation and administration of this sec- 22 tion; 23 ‘‘(C) include, with respect to plan applica- 24 tions for special partition assistance— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AND FUNCTION.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00641 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 642 1 ‘‘(i) a general description of the proc- 2 ess by which eligible plans can apply for 3 special partition assistance, information on 4 how and when the corporation will process 5 and consider plan applications; 6 ‘‘(ii) information on how the corpora- 7 tion will address any incomplete applica- 8 tions as specified in under this section; 9 ‘‘(iii) a list of the plans that have ap- 10 plied for special partition assistance and, 11 for each application, the date of submis- 12 sion of a completed application; 13 ‘‘(iv) the text of each plan’s completed 14 application for special partition assistance 15 with appropriate redactions of personal, 16 proprietary, or sensitive information; 17 ‘‘(v) the estimated date that a deci- 18 sion will be made by the corporation on 19 each application; 20 ‘‘(vi) the actual date when such deci- 21 sion is made; 22 ‘‘(vii) the corporation’s decision on 23 each application; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00642 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 643 1 ‘‘(viii) as applicable, a detailed ration- 2 ale for any decision not to approve a plan’s 3 application for special partition assistance; 4 ‘‘(D) provide detailed information on each 5 contract solicited and awarded to implement or 6 administer this section; 7 ‘‘(E) include reports, audits, and other rel- 8 evant oversight and accountability information 9 on this section, including the annual reports 10 submitted by the board of directors of the cor- 11 poration to Congress required under subsection 12 (n), the Office of the Inspector General audits, 13 correspondence, and publications, and the Gov- 14 ernment Accountability Office reports under 15 subsection (o); 16 ‘‘(F) provide a clear means for multiem- 17 ployer plan administrators, plan participants, 18 beneficiaries, other stakeholders, and the public 19 to contact the corporation and provide feedback 20 on the implementation and administration of 21 this section; and 22 ‘‘(G) be regularly updated to carry out the 23 24 purposes of this subsection. ‘‘(q) OFFICE OF INSPECTOR GENERAL.—There is au- 25 thorized to be appropriated to the corporation’s Office of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00643 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 644 1 Inspector General $24,000,000 for fiscal year 2020, which 2 shall remain available through September 30, 2028, for 3 salaries and expenses necessary for conducting investiga4 tions and audits of the implementation and administration 5 of this section. 6 ‘‘(r) APPLICATION OF EXCISE TAX.—During the pe- 7 riod that a plan is subject to a partition order under this 8 section and prior to a cessation of adjustments pursuant 9 to subsection (i)(3), the plan shall not be subject to section 10 4971 of the Internal Revenue Code of 1986.’’. 11 SEC. 40102. REPEAL OF BENEFIT SUSPENSIONS FOR MULTI- 12 EMPLOYER PLANS IN CRITICAL AND DECLIN- 13 ING STATUS. 14 (a) AMENDMENT TO INTERNAL REVENUE CODE OF 15 1986.—Paragraph (9) of section 432(e) of the Internal 16 Revenue Code of 1986 is repealed. 17 18 (b) AMENDMENT COME SECURITY ACT TO OF EMPLOYEE RETIREMENT IN- 1974.—Paragraph (9) of section 19 305(e) of the Employee Retirement Income Security Act 20 of 1974 (29 U.S.C. 1085(e)) is repealed. 21 (c) EFFECTIVE DATE.—The repeals made by this 22 section shall not apply to plans that have been approved 23 for a suspension of benefit under section 432(e)(9)(G) of 24 the Internal Revenue Code of 1986 and section 25 305(e)(9)(G) of the Employee Retirement Income Security g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00644 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 645 1 Act of 1974 (29 U.S.C. 1085(e)(9)(G)) before the date 2 of the enactment of this Act. 3 SEC. 40103. TEMPORARY DELAY OF DESIGNATION OF MUL- 4 TIEMPLOYER PLANS AS IN ENDANGERED, 5 CRITICAL, OR CRITICAL AND DECLINING STA- 6 TUS. 7 (a) IN GENERAL.—Notwithstanding the actuarial 8 certification under section 305(b)(3) of the Employee Re9 tirement Income Security Act of 1974 and section 10 432(b)(3) of the Internal Revenue Code of 1986, if a plan 11 sponsor of a multiemployer plan elects the application of 12 this section, then, for purposes of section 305 of such Act 13 and section 432 of such Code— 14 (1) the status of the plan for its first plan year 15 beginning during the period beginning on March 1, 16 2020, and ending on February 28, 2021, or the next 17 succeeding plan year (as designated by the plan 18 sponsor in such election), shall be the same as the 19 status of such plan under such sections for the plan 20 year preceding such designated plan year, and 21 (2) in the case of a plan which was in endan- 22 gered or critical status for the plan year preceding 23 the designated plan year described in paragraph (1), 24 the plan shall not be required to update its plan or 25 schedules under section 305(c)(6) of such Act and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00645 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 646 1 section 2 305(e)(3)(B) of such Act and section 432(e)(3)(B) 3 of such Code, whichever is applicable, until the plan 4 year following the designated plan year described in 5 paragraph (1). 432(c)(6) of such Code, or section 6 If section 305 of the Employee Retirement Income Secu7 rity Act of 1974 and section 432 of the Internal Revenue 8 Code of 1986 did not apply to the plan year preceding 9 the designated plan year described in paragraph (1), the 10 plan actuary shall make a certification of the status of 11 the plan under section 305(b)(3) of such Act and section 12 432(b)(3) of such Code for the preceding plan year in the 13 same manner as if such sections had applied to such pre14 ceding plan year. 15 (b) EXCEPTION FOR PLANS BECOMING CRITICAL 16 DURING ELECTION.—If— 17 18 (1) an election was made under subsection (a) with respect to a multiemployer plan, and 19 (2) such plan has, without regard to such elec- 20 tion, been certified by the plan actuary under section 21 305(b)(3) of the Employee Retirement Income Secu- 22 rity Act of 1974 and section 432(b)(3) of the Inter- 23 nal Revenue Code of 1986 to be in critical status for 24 the designated plan year described in subsection 25 (a)(1), then such plan shall be treated as a plan in g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00646 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 647 1 critical status for such plan year for purposes of ap- 2 plying section 4971(g)(1)(A) of such Code, section 3 302(b)(3) of such Act (without regard to the second 4 sentence thereof), and section 412(b)(3) of such 5 Code (without regard to the second sentence there- 6 of). 7 (c) ELECTION AND NOTICE.— 8 9 (1) ELECTION.—An election under subsection (a)— 10 (A) shall be made at such time and in such 11 manner as the Secretary of the Treasury or the 12 Secretary’s delegate may prescribe and, once 13 made, may be revoked only with the consent of 14 the Secretary, and 15 (B) if made— 16 (i) before the date the annual certifi- 17 cation is submitted to the Secretary or the 18 Secretary’s 19 305(b)(3) 20 432(b)(3) of such Code, shall be included 21 with such annual certification, and of such under Act and section section 22 (ii) after such date, shall be submitted 23 to the Secretary or the Secretary’s delegate 24 not later than 30 days after the date of the 25 election. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 delegate 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00647 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 648 1 (2) NOTICE 2 (A) IN GENERAL.—Notwithstanding sec- 3 tion 305(b)(3)(D) of the Employee Retirement 4 Income Security Act of 1974 and section 5 432(b)(3)(D) of the Internal Revenue Code of 6 1986, if the plan is neither in endangered nor 7 critical status by reason of an election made 8 under subsection (a)— 9 (i) the plan sponsor of a multiem- 10 ployer plan shall not be required to provide 11 notice under such sections, and 12 (ii) the plan sponsor shall provide to 13 the participants and beneficiaries, the bar- 14 gaining parties, the Pension Benefit Guar- 15 anty Corporation, and the Secretary of 16 Labor a notice of the election under sub- 17 section (a) and such other information as 18 the Secretary of the Treasury (in consulta- 19 tion with the Secretary of Labor) may re- 20 quire— 21 (I) if the election is made before 22 the date the annual certification is 23 submitted to the Secretary or the Sec- 24 retary’s 25 305(b)(3) of such Act and section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO PARTICIPANTS.— 12:13 May 12, 2020 Jkt 000000 delegate under section (763351 3) PO 00000 Frm 00648 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 649 1 432(b)(3) of such Code, not later than 2 30 days after the date of the certifi- 3 cation, and 4 (II) if the election is made after 5 such date, not later than 30 days 6 after the date of the election. 7 (B) NOTICE OF ENDANGERED STATUS.— 8 Notwithstanding section 305(b)(3)(D) of such 9 Act and section 432(b)(3)(D) of such Code, if 10 the plan is certified to be in critical status for 11 any plan year but is in endangered status by 12 reason of an election made under subsection 13 (a), the notice provided under such sections 14 shall be the notice which would have been pro- 15 vided if the plan had been certified to be in en- 16 dangered status. 17 SEC. 40104. TEMPORARY EXTENSION OF THE FUNDING IM- 18 PROVEMENT AND REHABILITATION PERIODS 19 FOR MULTIEMPLOYER PENSION PLANS IN 20 CRITICAL AND ENDANGERED STATUS FOR 21 2020 OR 2021. 22 (a) IN GENERAL.—If the plan sponsor of a multiem- 23 ployer plan which is in endangered or critical status for 24 a plan year beginning in 2020 or 2021 (determined after 25 application of section 4) elects the application of this sec- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00649 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 650 1 tion, then, for purposes of section 305 of the Employee 2 Retirement Income Security Act of 1974 and section 432 3 of the Internal Revenue Code of 1986— 4 (1) except as provided in paragraph (2), the 5 plan’s funding improvement period or rehabilitation 6 period, whichever is applicable, shall be 15 years 7 rather than 10 years, and 8 (2) in the case of a plan in seriously endan- 9 gered status, the plan’s funding improvement period 10 shall be 20 years rather than 15 years. 11 (b) DEFINITIONS AND SPECIAL RULES.—For pur- 12 poses of this section— 13 (1) ELECTION.—An election under this section 14 shall be made at such time, and in such manner and 15 form, as (in consultation with the Secretary of 16 Labor) the Secretary of the Treasury or the Sec- 17 retary’s delegate may prescribe. 18 (2) DEFINITIONS.—Any term which is used in 19 this section which is also used in section 305 of the 20 Employee Retirement Income Security Act of 1974 21 and section 432 of the Internal Revenue Code of 22 1986 shall have the same meaning as when used in 23 such sections. 24 (c) EFFECTIVE DATE.—This section shall apply to 25 plan years beginning after December 31, 2019. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00650 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 651 1 SEC. 40105. ADJUSTMENTS TO FUNDING STANDARD AC- 2 3 COUNT RULES. (a) ADJUSTMENTS.— 4 (1) AMENDMENT 5 INCOME SECURITY ACT OF 1974.—Section 6 of the Employee Retirement Income Security Act of 7 1974 (29 U.S.C. 1084(b)) is amended by adding at 8 the end the following new subparagraph: 9 ‘‘(F) RELIEF 304(b)(8) FOR 2020 AND 2021.—A mul- 10 tiemployer plan with respect to which the sol- 11 vency test under subparagraph (C) is met as of 12 February 29, 2020, may elect to apply this 13 paragraph by substituting ‘February 29, 2020’ 14 for ‘August 31, 2008’ each place it appears in 15 subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II) 16 (without regard to whether such plan previously 17 elected the application of this paragraph). The 18 preceding sentence shall not apply to a plan 19 with respect to which a partition order is in ef- 20 fect under section 4233A.’’. 21 (2) AMENDMENT TO INTERNAL REVENUE CODE 22 OF 1986.—Section 23 Code of 1986 is amended by adding at the end the 24 following new subparagraph: 25 FOR 2020 AND 2021.—A mul- tiemployer plan with respect to which the sol- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 431(b)(8) of the Internal Revenue ‘‘(F) RELIEF 26 VerDate Mar 15 2010 TO EMPLOYEE RETIREMENT Jkt 000000 (763351 3) PO 00000 Frm 00651 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 652 1 vency test under subparagraph (C) is met as of 2 February 29, 2020, may elect to apply this 3 paragraph by substituting ‘February 29, 2020’ 4 for ‘August 31, 2008’ each place it appears in 5 subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II) 6 (without regard to whether such plan previously 7 elected the application of this paragraph). The 8 preceding sentence shall not apply to a plan 9 with respect to which a partition order is in ef- 10 fect under section 4233A of the Employee Re- 11 tirement Income Security Act of 1974.’’. 12 (b) EFFECTIVE DATES.— 13 (1) IN amendments made by 14 this section shall take effect as of the first day of 15 the first plan year ending on or after February 29, 16 2020, except that any election a plan makes pursu- 17 ant to this section that affects the plan’s funding 18 standard account for the first plan year beginning 19 after February 29, 2020, shall be disregarded for 20 purposes of applying the provisions of section 305 of 21 the Employee Retirement Income Security Act of 22 1974 and section 432 of the Internal Revenue Code 23 of 1986 to such plan year. 24 25 (2) RESTRICTIONS 12:13 May 12, 2020 ON BENEFIT INCREASES.— Notwithstanding paragraph (1), the restrictions on g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The Jkt 000000 (763351 3) PO 00000 Frm 00652 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 653 1 plan amendments increasing benefits in sections 2 304(b)(8)(D) of such Act and 431(b)(8)(D) of such 3 Code, as applied by the amendments made by this 4 section, shall take effect on the date of enactment of 5 this Act. 6 SEC. 40106. PBGC GUARANTEE FOR PARTICIPANTS IN MUL- 7 8 TIEMPLOYER PLANS. Section 4022A(c)(1) of the Employee Retirement In- 9 come Security Act of 1974 (29 U.S.C. 1322a(c)(1)) is 10 amended by striking subparagraphs (A) and (B) and in11 serting the following: 12 ‘‘(A) 100 percent of the accrual rate up to 13 $15, plus 75 percent of the lesser of— 14 ‘‘(i) $70; or 15 ‘‘(ii) the accrual rate, if any, in excess 16 of $15; and 17 ‘‘(B) the number of the participant’s years 18 of credited service. 19 For each calendar year after the first full calendar 20 year following the date of the enactment of the 21 Emergency Pension Plan Relief Act of 2020, the ac- 22 crual rates in subparagraph (A) shall increase by the 23 national average wage index (as defined in section 24 209(k)(1) of the Social Security Act). For purposes 25 of this subsection, the rates applicable for deter- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00653 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 654 1 mining the guaranteed benefits of the participants of 2 any plan shall be the rates in effect for the calendar 3 year in which the plan becomes insolvent under sec- 4 tion 4245 or the calendar year in which the plan is 5 terminated, if earlier.’’. 7 TITLE II—RELIEF FOR SINGLE EMPLOYER PENSION PLANS 8 SEC. 40201. EXTENDED AMORTIZATION FOR SINGLE EM- 6 9 10 PLOYER PLANS. (a) 15-YEAR AMORTIZATION UNDER THE INTERNAL 11 REVENUE CODE OF 1986.—Section 430(c) of the Internal 12 Revenue Code of 1986 is amended by adding at the end 13 the following new paragraph: 14 15 ‘‘(8) 15-YEAR respect to plan years beginning after December 31, 2019— 16 ‘‘(A) the shortfall amortization bases for 17 all plan years preceding the first plan year be- 18 ginning after December 31, 2019 (and all 19 shortfall amortization installments determined 20 with respect to such bases) shall be reduced to 21 zero, and 22 ‘‘(B) subparagraphs (A) and (B) of para- 23 graph (2) shall each be applied by substituting 24 ‘15-plan-year period’ for ‘7-plan-year period’.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AMORTIZATION.—With 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00654 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 655 1 (b) 15-YEAR AMORTIZATION UNDER 2 RETIREMENT INCOME SECURITY ACT OF THE EMPLOYEE 1974.—Section 3 303(c) of the Employee Retirement Income Security Act 4 of 1974 (29 U.S.C. 1083(c)) is amended by adding at the 5 end the following new paragraph: 6 ‘‘(8) 15-YEAR 7 AMORTIZATION.—With respect to plan years beginning after December 31, 2019— 8 ‘‘(A) the shortfall amortization bases for 9 all plan years preceding the first plan year be- 10 ginning after December 31, 2019 (and all 11 shortfall amortization installments determined 12 with respect to such bases) shall be reduced to 13 zero, and 14 ‘‘(B) subparagraphs (A) and (B) of para- 15 graph (2) shall each be applied by substituting 16 ‘15-plan-year period’ for ‘7-plan-year period’.’’. 17 (c) EFFECTIVE DATE.—The amendments made by 18 this section shall apply to plan years beginning after De19 cember 31, 2019. 20 SEC. 40202. EXTENSION OF PENSION FUNDING STABILIZA- 21 TION PERCENTAGES FOR SINGLE EMPLOYER 22 PLANS. 23 (a) AMENDMENTS TO INTERNAL REVENUE CODE OF 24 1986.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00655 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 656 1 (1) IN GENERAL.—The table contained in sub- 2 clause (II) of section 430(h)(2)(C)(iv) of the Inter- 3 nal Revenue Code of 1986 is amended to read as fol- 4 lows: The applicable minimum percentage is: ‘‘If the calendar year is: Any year in the period starting in 2012 and ending in 2019 ......................................................... Any year in the period starting in 2020 and ending in 2025 ......................................................... 2026 ........................................................................ 2027 ........................................................................ 2028 ........................................................................ 2029 ........................................................................ After 2029 .............................................................. 5 (2) FLOOR 90% 110% 95% 90% 85% 80% 75% 70% 105% 110% 115% 120% 125% 130%.’’. ON 25-YEAR AVERAGES.—Subclause 6 (I) of section 430(h)(2)(C)(iv) of such Code is 7 amended by adding at the end the following: ‘‘Not- 8 withstanding anything in this subclause, if the aver- 9 age of the first, second, or third segment rate for 10 any 25-year period is less than 5 percent, such aver- 11 age shall be deemed to be 5 percent.’’. 12 (b) AMENDMENTS 13 COME TO EMPLOYEE RETIREMENT IN- SECURITY ACT OF 1974.— 14 (1) IN GENERAL.—The table contained in sub- 15 clause (II) of section 303(h)(2)(C)(iv) of the Em- 16 ployee Retirement Income Security Act of 1974 (29 17 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended to read as 18 follows: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 The applicable maximum percentage is: 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00656 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 657 The applicable minimum percentage is: ‘‘If the calendar year is: Any year in the period starting in 2012 and ending in 2019 ......................................................... Any year in the period starting in 2020 and ending in 2025 ......................................................... 2026 ........................................................................ 2027 ........................................................................ 2028 ........................................................................ 2029 ........................................................................ After 2029 .............................................................. 1 (2) CONFORMING 2 (A) IN 90% 110% 95% 90% 85% 80% 75% 70% 105% 110% 115% 120% 125% 130%.’’. AMENDMENTS.— GENERAL.—Section 101(f)(2)(D) of 3 such Act (29 U.S.C. 1021(f)(2)(D)) is amend- 4 ed— 5 (i) in clause (i) by striking ‘‘and the 6 Bipartisan Budget Act of 2015’’ both 7 places it appears and inserting ‘‘, the Bi- 8 partisan Budget Act of 2015, and the 9 Emergency Pension Plan Relief Act of 10 2020’’, and 11 (ii) in clause (ii) by striking ‘‘2023’’ 12 and inserting ‘‘2029’’. 13 (B) STATEMENTS.—The Secretary of 14 Labor shall modify the statements required 15 under subclauses (I) and (II) of section 16 101(f)(2)(D)(i) of such Act to conform to the 17 amendments made by this section. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 The applicable maximum percentage is: 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00657 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 658 1 (3) FLOOR ON 25-YEAR AVERAGES.—Subclause 2 (I) of section 303(h)(2)(C)(iv) of such Act (29 3 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended by adding 4 at the end the following: ‘‘Notwithstanding anything 5 in this subclause, if the average of the first, second, 6 or third segment rate for any 25-year period is less 7 than 5 percent, such average shall be deemed to be 8 5 percent.’’. 9 (c) EFFECTIVE DATE.—The amendments made by 10 this section shall apply with respect to plan years begin11 ning after December 31, 2019. 13 TITLE III—OTHER RETIREMENT RELATED PROVISIONS 14 SEC. 40301. WAIVER OF REQUIRED MINIMUM DISTRIBU- 12 15 16 TIONS FOR 2019. (a) IN GENERAL.—Section 401(a)(9)(I)(i) of the In- 17 ternal Revenue Code of 1986 is amended by striking ‘‘cal18 endar year 2020’’ and inserting ‘‘calendar years 2019 and 19 2020’’. 20 (b) ELIGIBLE ROLLOVER DISTRIBUTIONS.—Section 21 402(c)(4) of such Code is amended by striking ‘‘2020’’ 22 each place it appears in the last sentence and inserting 23 ‘‘2019 or 2020’’. 24 (c) CONFORMING AMENDMENTS.—Section 25 401(a)(9)(I) of such Code is amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00658 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 659 1 (1) by striking clause (ii) and redesignating 2 clause (iii) as clause (ii), and 3 (2) by striking ‘‘calendar year 2020’’ in clause 4 (ii)(II), as so redesignated, and inserting ‘‘calendar 5 years 2019 and 2020’’. 6 (d) EFFECTIVE DATE.—The amendments made by 7 this section shall take effect as if included in the enact8 ment of section 2203 of the Coronavirus Aid, Relief, and 9 Economic Security Act, except that subparagraph (c)(1) 10 thereof shall be applied by substituting ‘‘December 31, 11 2018’’ for ‘‘December 31, 2019’’. 12 SEC. 40302. WAIVER OF 60-DAY RULE IN CASE OF ROLL- 13 OVER OF OTHERWISE REQUIRED MINIMUM 14 DISTRIBUTIONS IN 2019 OR 2020. 15 (a) QUALIFIED TRUSTS.—402(c)(3) of the Internal 16 Revenue Code of 1986 is amended by adding at the end 17 the following new subparagraph: 18 ‘‘(D) EXCEPTION 19 ERWISE REQUIRED MINIMUM DISTRIBUTIONS IN 20 2019 21 over distribution described in the second sen- 22 tence of paragraph (4), subparagraph (A) shall 23 not apply to any transfer of such distribution 24 made before December 1, 2020.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR ROLLOVER OF OTH- 12:13 May 12, 2020 Jkt 000000 OR 2020.—In the case of an eligible roll- (763351 3) PO 00000 Frm 00659 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 660 1 (b) INDIVIDUAL RETIREMENT ACCOUNTS.—Section 2 408(d)(3) of such Code is amended by adding at the end 3 the following new subparagraph: 4 ‘‘(J) WAIVER OF 60-DAY RULE AND ONCE 5 PER-YEAR LIMITATION FOR CERTAIN 6 2020 7 tion during 2019 or 2020 to which, under sub- 8 paragraph (E), this paragraph would not have 9 applied had the minimum distribution require- 10 ments of section 401(a)(9) applied during such 11 years, the 60-day requirement under subpara- 12 graph (A) and the limitation under subpara- 13 graph (B) shall not apply to such distribution 14 to the extent the amount is paid into an indi- 15 vidual retirement account, individual retirement 16 annuity (other than an endowment contract), or 17 eligible retirement plan (as defined in subpara- 18 graph (A)) as otherwise required under such 19 subparagraph before December 1, 2020.’’. 20 (c) EFFECTIVE DATE.—The amendments made by ROLLOVERS.—In 2019 AND the case of a distribu- 21 this section shall apply to taxable years beginning after 22 December 31, 2018. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00660 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 661 1 SEC. 40303. EMPLOYEE CERTIFICATION AS TO ELIGIBILITY 2 FOR INCREASED CARES ACT LOAN LIMITS 3 FROM EMPLOYER PLAN. 4 (a) IN GENERAL.—Section 2202(b) of the 5 Coronavirus Aid, Relief, and Economic Security Act is 6 amended by adding at the end the following new para7 graph: 8 ‘‘(4) EMPLOYEE CERTIFICATION.—The admin- 9 istrator of a qualified employer plan may rely on an 10 employee’s certification that the requirements of 11 subsection (a)(4)(A)(ii) are satisfied in determining 12 whether the employee is a qualified individual for 13 purposes of this subsection.’’. 14 (b) EFFECTIVE DATE.—The amendment made by 15 this section shall take effect as if included in the enact16 ment of section 2202(b) of the Coronavirus Aid, Relief, 17 and Economic Security Act. 18 SEC. 40304. EXCLUSION OF BENEFITS PROVIDED TO VOL- 19 UNTEER 20 MEDICAL RESPONDERS MADE PERMANENT. 21 FIREFIGHTERS AND EMERGENCY (a) IN GENERAL.—Section 139B of the Internal Rev- 22 enue Code of 1986 is amended by striking subsection (d). 23 (b) EFFECTIVE DATE.—The amendment made by 24 this section shall apply to taxable years beginning after 25 December 31, 2020. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00661 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 662 1 SEC. 40305. APPLICATION OF SPECIAL RULES TO MONEY 2 PURCHASE PENSION PLANS. 3 Section 2202(a)(6)(B) of the Coronavirus Aid, Relief, 4 and Economic Security Act is amended by inserting ‘‘, 5 and, in the case of a money purchase pension plan, a 6 coronavirus-related distribution which is an in-service 7 withdrawal shall be treated as meeting the distribution 8 rules of section 401(a) of such Code’’ before the period. 9 SEC. 40306. GRANTS TO ASSIST LOW-INCOME WOMEN AND 10 SURVIVORS OF DOMESTIC VIOLENCE IN OB- 11 TAINING QUALIFIED DOMESTIC RELATIONS 12 ORDERS. 13 (a) AUTHORIZATION OF GRANT AWARDS.—The Sec- 14 retary of Labor, acting through the Director of the Wom15 en’s Bureau and in conjunction with the Assistant Sec16 retary of the Employee Benefits Security Administration, 17 shall award grants, on a competitive basis, to eligible enti18 ties to enable such entities to assist low-income women 19 and survivors of domestic violence in obtaining qualified 20 domestic relations orders and ensuring that those women 21 actually obtain the benefits to which they are entitled 22 through those orders. 23 (b) DEFINITION OF ELIGIBLE ENTITY.—In this sec- 24 tion, the term ‘‘eligible entity’’ means a community-based 25 organization with proven experience and expertise in serv- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00662 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 663 1 ing women and the financial and retirement needs of 2 women. 3 (c) APPLICATION.—An eligible entity that desires to 4 receive a grant under this section shall submit an applica5 tion to the Secretary of Labor at such time, in such man6 ner, and accompanied by such information as the Sec7 retary of Labor may require. 8 (d) MINIMUM GRANT AMOUNT.—The Secretary of 9 Labor shall award grants under this section in amounts 10 of not less than $250,000. 11 (e) USE OF FUNDS.—An eligible entity that receives 12 a grant under this section shall use the grant funds to 13 develop programs to offer help to low-income women or 14 survivors of domestic violence who need assistance in pre15 paring, obtaining, and effectuating a qualified domestic re16 lations order. 17 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 18 authorized to be appropriated to carry out this section 19 $100,000,000 for fiscal year 2020 and each succeeding 20 fiscal year. 21 SEC. 40307. MODIFICATION OF SPECIAL RULES FOR MIN- 22 IMUM FUNDING STANDARDS FOR COMMU- 23 NITY NEWSPAPER PLANS. 24 (a) AMENDMENT TO INTERNAL REVENUE CODE OF 25 1986.—Subsection (m) of section 430 of the Internal Rev- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00663 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 664 1 enue Code of 1986, as added by the Setting Every Com2 munity Up for Retirement Enhancement Act of 2019, is 3 amended to read as follows: 4 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER 5 PLANS.— 6 ‘‘(1) IN eligible newspaper plan 7 sponsor of a plan under which no participant has 8 had the participant’s accrued benefit increased 9 (whether because of service or compensation) after 10 April 2, 2019, may elect to have the alternative 11 standards described in paragraph (4) apply to such 12 plan. 13 ‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 14 The term ‘eligible newspaper plan sponsor’ means 15 the plan sponsor of— 16 ‘‘(A) any community newspaper plan, or 17 ‘‘(B) any other plan sponsored, as of April 18 2, 2019, by a member of the same controlled 19 group of a plan sponsor of a community news- 20 paper plan if such member is in the trade or 21 business of publishing 1 or more newspapers. 22 ‘‘(3) ELECTION.—An election under paragraph 23 (1) shall be made at such time and in such manner 24 as prescribed by the Secretary. Such election, once 25 made with respect to a plan year, shall apply to all g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—An 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00664 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 665 1 subsequent plan years unless revoked with the con- 2 sent of the Secretary. 3 ‘‘(4) ALTERNATIVE 4 ARDS.—The 5 paragraph are the following: 6 alternative standards described in this ‘‘(A) INTEREST 7 ‘‘(i) IN RATES.— GENERAL.—Notwithstanding 8 subsection (h)(2)(C) and except as pro- 9 vided in clause (ii), the first, second, and 10 third segment rates in effect for any 11 month for purposes of this section shall be 12 8 percent. 13 ‘‘(ii) NEW BENEFIT ACCRUALS.—Not- 14 withstanding subsection (h)(2), for pur- 15 poses of determining the funding target 16 and normal cost of a plan for any plan 17 year, the present value of any benefits ac- 18 crued or earned under the plan for a plan 19 year with respect to which an election 20 under paragraph (1) is in effect shall be 21 determined on the basis of the United 22 States Treasury obligation yield curve for 23 the day that is the valuation date of such 24 plan for such plan year. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MINIMUM FUNDING STAND- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00665 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 666 1 2 LIGATION YIELD CURVE.—For 3 this subsection, the term ‘United States 4 Treasury obligation yield curve’ means, 5 with respect to any day, a yield curve 6 which shall be prescribed by the Secretary 7 for such day on interest-bearing obligations 8 of the United States. 9 ‘‘(B) SHORTFALL purposes of AMORTIZATION BASE.— 10 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA- 11 TION BASES.—The shortfall amortization 12 bases determined under subsection (c)(3) 13 for all plan years preceding the first plan 14 year to which the election under paragraph 15 (1) applies (and all shortfall amortization 16 installments determined with respect to 17 such bases) shall be reduced to zero under 18 rules similar to the rules of subsection 19 (c)(6). 20 ‘‘(ii) NEW SHORTFALL AMORTIZATION 21 BASE.—Notwithstanding 22 the shortfall amortization base for the first 23 plan year to which the election under para- 24 graph (1) applies shall be the funding 25 shortfall of such plan for such plan year g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 STATES TREASURY OB- ‘‘(iii) UNITED 12:13 May 12, 2020 Jkt 000000 subsection (c)(3), (763351 3) PO 00000 Frm 00666 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 667 1 (determined using the interest rates as 2 modified under subparagraph (A)). 3 ‘‘(C) DETERMINATION 4 ORTIZATION INSTALLMENTS.— 5 ‘‘(i) 30-YEAR PERIOD.—Subpara- 6 graphs (A) and (B) of subsection (c)(2) 7 shall be applied by substituting ‘30-plan- 8 year’ for ‘7-plan-year’ each place it ap- 9 pears. 10 ‘‘(ii) NO SPECIAL ELECTION.—The 11 election under subparagraph (D) of sub- 12 section (c)(2) shall not apply to any plan 13 year to which the election under paragraph 14 (1) applies. 15 ‘‘(D) EXEMPTION 16 MENT.—Subsection 17 ‘‘(5) COMMUNITY 18 poses of this subsection— 19 ‘‘(A) IN FROM AT-RISK TREAT- (i) shall not apply. NEWSPAPER PLAN.—For GENERAL.—The pur- term ‘community 20 newspaper plan’ means any plan to which this 21 section applies maintained as of December 31, 22 2018, by an employer which— 23 ‘‘(i) maintains the plan on behalf of 24 participants and beneficiaries with respect 25 to employment in the trade or business of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF SHORTFALL AM- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00667 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 668 1 publishing 1 or more newspapers which 2 were published by the employer at any 3 time during the 11-year period ending on 4 the date of the enactment of this sub- 5 section, 6 ‘‘(ii)(I) is not a company the stock of 7 which is publicly traded (on a stock ex- 8 change or in an over-the-counter market), 9 and is not controlled, directly or indirectly, 10 by such a company, or 11 ‘‘(II) is controlled, directly or indi- 12 rectly, during the entire 30-year period 13 ending on the date of the enactment of this 14 subsection by individuals who are members 15 of the same family, and does not publish or 16 distribute a daily newspaper that is car- 17 rier-distributed in printed form in more 18 than 5 States, and 19 ‘‘(iii) is controlled, directly or indi- 20 rectly— 21 ‘‘(I) by 1 or more persons resid- 22 ing primarily in a State in which the 23 community newspaper has been pub- 24 lished on newsprint or carrier-distrib- 25 uted, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00668 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 669 1 ‘‘(II) during the entire 30-year 2 period ending on the date of the en- 3 actment of this subsection by individ- 4 uals who are members of the same 5 family, 6 ‘‘(III) by 1 or more trusts, the 7 sole trustees of which are persons de- 8 scribed in subclause (I) or (II), or 9 ‘‘(IV) by a combination of per- 10 sons described in subclause (I), (II), 11 or (III). 12 ‘‘(B) NEWSPAPER.—The term ‘newspaper’ 13 does not include any newspaper (determined 14 without regard to this subparagraph) to which 15 any of the following apply: 16 ‘‘(i) Is not in general circulation. 17 ‘‘(ii) Is published (on newsprint or 18 electronically) less frequently than 3 times 19 per week. 20 ‘‘(iii) Has not ever been regularly 21 published on newsprint. 22 ‘‘(iv) Does not have a bona fide list of 23 paid subscribers. 24 ‘‘(C) CONTROL.—A person shall be treated 25 as controlled by another person if such other g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00669 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 670 1 person possesses, directly or indirectly, the 2 power to direct or cause the direction and man- 3 agement of such person (including the power to 4 elect a majority of the members of the board of 5 directors of such person) through the ownership 6 of voting securities. 7 ‘‘(6) CONTROLLED GROUP.—For purposes of 8 this subsection, the term ‘controlled group’ means all 9 persons treated as a single employer under sub- 10 section (b), (c), (m), or (o) of section 414 as of the 11 date of the enactment of this subsection.’’. 12 (b) AMENDMENT 13 COME TO EMPLOYEE RETIREMENT IN- SECURITY ACT OF 1974.—Subsection (m) of section 14 303 of the Employee Retirement Income Security Act of 15 1974 (29 U.S.C. 1083(m)), as added by the Setting Every 16 Community Up for Retirement Enhancement Act of 2019, 17 is amended to read as follows: 18 ‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER 19 PLANS.— 20 ‘‘(1) IN eligible newspaper plan 21 sponsor of a plan under which no participant has 22 had the participant’s accrued benefit increased 23 (whether because of service or compensation) after 24 April 2, 2019, may elect to have the alternative g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—An 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00670 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 671 1 standards described in paragraph (4) apply to such 2 plan. 3 ‘‘(2) ELIGIBLE 4 The term ‘eligible newspaper plan sponsor’ means 5 the plan sponsor of— 6 ‘‘(A) any community newspaper plan, or 7 ‘‘(B) any other plan sponsored, as of April 8 2, 2019, by a member of the same controlled 9 group of a plan sponsor of a community news- 10 paper plan if such member is in the trade or 11 business of publishing 1 or more newspapers. 12 ‘‘(3) ELECTION.—An election under paragraph 13 (1) shall be made at such time and in such manner 14 as prescribed by the Secretary of the Treasury. Such 15 election, once made with respect to a plan year, shall 16 apply to all subsequent plan years unless revoked 17 with the consent of the Secretary of the Treasury. 18 ‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND- 19 ARDS.—The 20 paragraph are the following: 21 alternative standards described in this ‘‘(A) INTEREST 22 ‘‘(i) IN RATES.— GENERAL.—Notwithstanding 23 subsection (h)(2)(C) and except as pro- 24 vided in clause (ii), the first, second, and 25 third segment rates in effect for any g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 NEWSPAPER PLAN SPONSOR.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00671 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 672 1 month for purposes of this section shall be 2 8 percent. 3 ‘‘(ii) NEW 4 withstanding subsection (h)(2), for pur- 5 poses of determining the funding target 6 and normal cost of a plan for any plan 7 year, the present value of any benefits ac- 8 crued or earned under the plan for a plan 9 year with respect to which an election 10 under paragraph (1) is in effect shall be 11 determined on the basis of the United 12 States Treasury obligation yield curve for 13 the day that is the valuation date of such 14 plan for such plan year. 15 ‘‘(iii) UNITED STATES TREASURY OB- 16 LIGATION YIELD CURVE.—For 17 this subsection, the term ‘United States 18 Treasury obligation yield curve’ means, 19 with respect to any day, a yield curve 20 which shall be prescribed by the Secretary 21 of the Treasury for such day on interest- 22 bearing obligations of the United States. 23 ‘‘(B) SHORTFALL purposes of AMORTIZATION BASE.— 24 ‘‘(i) PREVIOUS SHORTFALL AMORTIZA- 25 TION BASES.—The shortfall amortization g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BENEFIT ACCRUALS.—Not- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00672 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 673 1 bases determined under subsection (c)(3) 2 for all plan years preceding the first plan 3 year to which the election under paragraph 4 (1) applies (and all shortfall amortization 5 installments determined with respect to 6 such bases) shall be reduced to zero under 7 rules similar to the rules of subsection 8 (c)(6). 9 ‘‘(ii) NEW 10 BASE.—Notwithstanding 11 the shortfall amortization base for the first 12 plan year to which the election under para- 13 graph (1) applies shall be the funding 14 shortfall of such plan for such plan year 15 (determined using the interest rates as 16 modified under subparagraph (A)). 17 ‘‘(C) DETERMINATION 18 subsection (c)(3), OF SHORTFALL AM- ORTIZATION INSTALLMENTS.— 19 ‘‘(i) 30-YEAR PERIOD.—Subpara- 20 graphs (A) and (B) of subsection (c)(2) 21 shall be applied by substituting ‘30-plan- 22 year’ for ‘7-plan-year’ each place it ap- 23 pears. 24 ‘‘(ii) NO 25 12:13 May 12, 2020 SPECIAL ELECTION.—The election under subparagraph (D) of sub- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 SHORTFALL AMORTIZATION Jkt 000000 (763351 3) PO 00000 Frm 00673 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 674 1 section (c)(2) shall not apply to any plan 2 year to which the election under paragraph 3 (1) applies. 4 ‘‘(D) EXEMPTION 5 MENT.—Subsection 6 ‘‘(5) COMMUNITY 7 poses of this subsection— 8 ‘‘(A) IN (i) shall not apply. NEWSPAPER PLAN.—For GENERAL.—The pur- term ‘community 9 newspaper plan’ means a plan to which this sec- 10 tion applies maintained as of December 31, 11 2018, by an employer which— 12 ‘‘(i) maintains the plan on behalf of 13 participants and beneficiaries with respect 14 to employment in the trade or business of 15 publishing 1 or more newspapers which 16 were published by the employer at any 17 time during the 11-year period ending on 18 the date of the enactment of this sub- 19 section, 20 ‘‘(ii)(I) is not a company the stock of 21 which is publicly traded (on a stock ex- 22 change or in an over-the-counter market), 23 and is not controlled, directly or indirectly, 24 by such a company, or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FROM AT-RISK TREAT- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00674 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 675 1 ‘‘(II) is controlled, directly, or indi- 2 rectly, during the entire 30-year period 3 ending on the date of the enactment of this 4 subsection by individuals who are members 5 of the same family, and does not publish or 6 distribute a daily newspaper that is car- 7 rier-distributed in printed form in more 8 than 5 States, and 9 ‘‘(iii) is controlled, directly, or indi- 10 rectly— 11 ‘‘(I) by 1 or more persons resid- 12 ing primarily in a State in which the 13 community newspaper has been pub- 14 lished on newsprint or carrier-distrib- 15 uted, 16 ‘‘(II) during the entire 30-year 17 period ending on the date of the en- 18 actment of this subsection by individ- 19 uals who are members of the same 20 family, 21 ‘‘(III) by 1 or more trusts, the 22 sole trustees of which are persons de- 23 scribed in subclause (I) or (II), or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00675 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 676 1 ‘‘(IV) by a combination of per- 2 sons described in subclause (I), (II), 3 or (III). 4 ‘‘(B) NEWSPAPER.—The term ‘newspaper’ 5 does not include any newspaper (determined 6 without regard to this subparagraph) to which 7 any of the following apply: 8 ‘‘(i) Is not in general circulation. 9 ‘‘(ii) Is published (on newsprint or 10 electronically) less frequently than 3 times 11 per week. 12 ‘‘(iii) Has not ever been regularly 13 published on newsprint. 14 ‘‘(iv) Does not have a bona fide list of 15 paid subscribers. 16 ‘‘(C) CONTROL.—A person shall be treated 17 as controlled by another person if such other 18 person possesses, directly or indirectly, the 19 power to direct or cause the direction and man- 20 agement of such person (including the power to 21 elect a majority of the members of the board of 22 directors of such person) through the ownership 23 of voting securities. 24 ‘‘(6) CONTROLLED 25 12:13 May 12, 2020 purposes of this subsection, the term ‘controlled group’ means all g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GROUP.—For Jkt 000000 (763351 3) PO 00000 Frm 00676 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 677 1 persons treated as a single employer under sub- 2 section (b), (c), (m), or (o) of section 414 of the In- 3 ternal Revenue Code of 1986 as of the date of the 4 enactment of this subsection. 5 ‘‘(7) EFFECT 6 TION.—Notwithstanding 7 or any regulation issued by the Pension Benefit 8 Guaranty Corporation, in the case of a plan for 9 which an election is made to apply the alternative 10 standards described in paragraph (3), the additional 11 premium under section 4006(a)(3)(E) shall be deter- 12 mined as if such election had not been made.’’. 13 (c) EFFECTIVE DATE.—The amendments made by ON PREMIUM RATE CALCULA- any other provision of law 14 this section shall apply to plan years ending after Decem15 ber 31, 2017. 16 SEC. 40308. MINIMUM RATE OF INTEREST FOR CERTAIN DE- 17 TERMINATIONS RELATED TO LIFE INSUR- 18 ANCE CONTRACTS. 19 20 (a) MODIFICATION POSES OF 21 MINIMUM RATE FOR PUR- CASH VALUE ACCUMULATION TEST.— (1) IN GENERAL.—Section 7702(b)(2)(A) of the 22 Internal Revenue Code of 1986 is amended by strik- 23 ing ‘‘an annual effective rate of 4 percent’’ and in- 24 serting ‘‘the applicable accumulation test minimum 25 rate’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00677 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 678 1 (2) APPLICABLE TEST MIN- 2 IMUM 3 amended by adding at the end the following new 4 paragraph: 5 RATE.—Section ‘‘(3) APPLICABLE 7702(b) of such Code is ACCUMULATION TEST MIN- 6 IMUM RATE.—For 7 term ‘applicable accumulation test minimum rate’ 8 means the lesser of— 9 purposes of paragraph (2)(A), the ‘‘(A) an annual effective rate of 4 percent, 10 or 11 ‘‘(B) the insurance interest rate (as de- 12 fined in subsection (f)(11)) in effect at the time 13 the contract is issued.’’. 14 15 (b) MODIFICATION POSES OF 16 OF MINIMUM RATE FOR PUR- GUIDELINE PREMIUM REQUIREMENTS.— (1) IN GENERAL.—Section 7702(c)(3)(B)(iii) of 17 such Code is amended by striking ‘‘an annual effec- 18 tive rate of 6 percent’’ and inserting ‘‘the applicable 19 guideline premium minimum rate’’. 20 (2) APPLICABLE 21 IMUM RATE.—Section 22 amended by adding at the end the following new 23 subparagraph: 24 MINIMUM g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 GUIDELINE Jkt 000000 PREMIUM MIN- 7702(c)(3) of such Code is ‘‘(E) APPLICABLE 25 VerDate Mar 15 2010 ACCUMULATION RATE.—For GUIDELINE PREMIUM purposes of subpara- (763351 3) PO 00000 Frm 00678 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 679 1 graph (B)(iii), the term ‘applicable guideline 2 premium minimum rate’ means the applicable 3 accumulation test minimum rate (as defined in 4 subsection (b)(3)) plus 2 percentage points.’’. 5 (c) APPLICATION 6 DETERMINATION OF OF MODIFIED MINIMUM RATES TO GUIDELINE LEVEL PREMIUM.—Sec- 7 tion 7702(c)(4) of such Code is amended— 8 9 (1) by striking ‘‘4 percent’’ and inserting ‘‘the applicable accumulation test minimum rate’’, and 10 (2) by striking ‘‘6 percent’’ and inserting ‘‘the 11 applicable guideline premium minimum rate’’. 12 (d) INSURANCE INTEREST RATE.—Section 7702(f) 13 of such Code is amended by adding at the end the fol14 lowing new paragraph: 15 16 ‘‘(11) INSURANCE pur- poses of this section— 17 ‘‘(A) IN GENERAL.—The term ‘insurance 18 interest rate’ means, with respect to any con- 19 tract issued in any calendar year, the lesser 20 of— 21 ‘‘(i) the section 7702 valuation inter- 22 est rate for such calendar year (or, if such 23 calendar year is not an adjustment year, 24 the most recent adjustment year), or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 INTEREST RATE.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00679 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 680 1 ‘‘(ii) the section 7702 applicable Fed- 2 eral interest rate for such calendar year 3 (or, if such calendar year is not an adjust- 4 ment year, the most recent adjustment 5 year). 6 ‘‘(B) SECTION 7 RATE.—The 8 est rate’ means, with respect to any adjustment 9 year, the prescribed U.S. valuation interest rate 10 for life insurance with guaranteed durations of 11 more than 20 years (as defined in the National 12 Association of Insurance Commissioners’ Stand- 13 ard Valuation Law) as effective in the calendar 14 year immediately preceding such adjustment 15 year. term ‘section 7702 valuation inter- 16 ‘‘(C) SECTION 17 INTEREST RATE.—The 18 plicable Federal interest rate’ means, with re- 19 spect to any adjustment year, the average 20 (rounded to the nearest whole percentage point) 21 of the applicable Federal mid-term rates (as de- 22 fined in section 1274(d) but based on annual 23 compounding) effective as of the beginning of 24 each of the calendar months in the most recent g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 7702 VALUATION INTEREST 12:13 May 12, 2020 Jkt 000000 7702 APPLICABLE FEDERAL term ‘section 7702 ap- (763351 3) PO 00000 Frm 00680 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 681 1 60-month period ending before the second cal- 2 endar year prior to such adjustment year. 3 ‘‘(D) ADJUSTMENT YEAR.—The term ‘ad- 4 justment year’ means the calendar year fol- 5 lowing any calendar year that includes the ef- 6 fective date of a change in the prescribed U.S. 7 valuation interest rate for life insurance with 8 guaranteed durations of more than 20 years (as 9 defined in the National Association of Insur- 10 ance Commissioners’ Standard Valuation Law). 11 ‘‘(E) TRANSITION RULE.—Notwith- 12 standing subparagraph (A), the insurance inter- 13 est rate shall be 2 percent in the case of any 14 contract which is issued during the period 15 that— 16 ‘‘(i) begins on January 1, 2021, and 17 ‘‘(i) ends immediately before the be- 18 ginning of the first adjustment year that 19 beings after December 31, 2021.’’. 20 (e) EFFECTIVE DATE.—The amendments made by 21 this section shall apply to contracts issued after December 22 31, 2020. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00681 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 682 3 DIVISION E—CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS 4 SEC. 50001. EXTENSION OF FEDERAL PANDEMIC UNEM- 1 2 5 6 PLOYMENT COMPENSATION. (a) IN GENERAL.—Section 2104(e) of the CARES 7 Act (Public Law 116–136) is amended to read as follows: 8 ‘‘(e) APPLICABILITY.— 9 ‘‘(1) IN agreement entered into 10 under this section shall apply to weeks of unemploy- 11 ment— 12 ‘‘(A) beginning after the date on which 13 such agreement is entered into; and 14 ‘‘(B) ending on or before January 31, 15 2021. 16 ‘‘(2) TRANSITION RULE FOR INDIVIDUALS RE- 17 MAINING ENTITLED TO REGULAR COMPENSATION AS 18 OF JANUARY 31, 2021.—In 19 who, as of the date specified in paragraph (1)(B), 20 has not yet exhausted all rights to regular com- 21 pensation under the State law of a State with re- 22 spect to a benefit year that began before such date, 23 Federal Pandemic Unemployment Compensation 24 shall continue to be payable to such individual for 25 any week beginning on or after such date for which g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—An 12:13 May 12, 2020 Jkt 000000 the case of any individual (763351 3) PO 00000 Frm 00682 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 683 1 the individual is otherwise eligible for regular com- 2 pensation with respect to such benefit year. 3 ‘‘(3) TERMINATION.—Notwithstanding any 4 other provision of this subsection, no Federal Pan- 5 demic Unemployment Compensation shall be payable 6 for any week beginning after March 31, 2021.’’. 7 (b) LIMITATION ON APPLICATION OF TRANSITION 8 RULE.—Section 2104(g) of such Act is amended by in9 serting ‘‘(except for subsection (e)(2))’’ after ‘‘the pre10 ceding provisions of this section’’. 11 12 (c) DISREGARD MENT OF FEDERAL PANDEMIC UNEMPLOY- COMPENSATION FOR CERTAIN PURPOSES.—Section 13 2104(h) of such Act is amended to read as follows: 14 ‘‘(h) DISREGARD 15 PLOYMENT 16 ERAL AND FEDERAL PANDEMIC UNEM- OF COMPENSATION FOR PURPOSES OF ALL FED- FEDERALLY ASSISTED PROGRAMS.—A Federal 17 Pandemic Unemployment Compensation payment shall 18 not be regarded as income and shall not be regarded as 19 a resource for the month of receipt and the following 9 20 months, for purposes of determining the eligibility of the 21 recipient (or the recipient’s spouse or family) for benefits 22 or assistance, or the amount or extent of benefits or assist23 ance, under any Federal program or under any State or 24 local program financed in whole or in part with Federal 25 funds.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00683 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 684 1 SEC. 50002. EXTENSION AND BENEFIT PHASEOUT RULE 2 FOR 3 ANCE. 4 PANDEMIC UNEMPLOYMENT ASSIST- Section 2102(c) of the CARES Act (Public Law 116– 5 136) is amended— 6 (1) in paragraph (1)— 7 (A) by striking ‘‘paragraph (2)’’ and in- 8 serting ‘‘paragraphs (2) and (3)’’; and 9 (B) in subparagraph (A)(ii), by striking 10 ‘‘December 31, 2020’’ and inserting ‘‘January 11 31, 2021’’; and 12 (2) by redesignating paragraph (3) as para- 13 graph (4); and 14 15 (3) by inserting after paragraph (2) the following: 16 ‘‘(3) TRANSITION 17 MAINING ENTITLED TO PANDEMIC UNEMPLOYMENT 18 ASSISTANCE AS OF JANUARY 31, 2021.— 19 ‘‘(A) IN GENERAL.—In the case of any in- 20 dividual who, as of the date specified in para- 21 graph (1)(A)(ii), is receiving Pandemic Unem- 22 ployment Assistance but has not yet exhausted 23 all rights to such assistance under this section, 24 Pandemic Unemployment Assistance shall con- 25 tinue to be payable to such individual for any 26 week beginning on or after such date for which g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RULE FOR INDIVIDUALS RE- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00684 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 685 1 the individual is otherwise eligible for Pandemic 2 Unemployment Assistance. 3 ‘‘(B) TERMINATION.—Notwithstanding 4 any other provision of this subsection, no Pan- 5 demic Unemployment Assistance shall be pay- 6 able for any week beginning after March 31, 7 2021.’’. 8 SEC. 50003. EXTENSION AND BENEFIT PHASEOUT RULE 9 FOR 10 11 PANDEMIC EMERGENCY UNEMPLOY- MENT COMPENSATION. Section 2107(g) of the CARES Act (Public Law 116– 12 136) is amended to read as follows: 13 ‘‘(g) APPLICABILITY.— 14 ‘‘(1) IN agreement entered into 15 under this section shall apply to weeks of unemploy- 16 ment— 17 ‘‘(A) beginning after the date on which 18 such agreement is entered into; and 19 ‘‘(B) ending on or before January 31, 20 2021. 21 ‘‘(2) TRANSITION RULE FOR INDIVIDUALS RE- 22 MAINING ENTITLED TO PANDEMIC EMERGENCY UN- 23 EMPLOYMENT COMPENSATION AS OF JANUARY 31, 24 2021.—In 25 date specified in paragraph (1)(A)(ii), is receiving g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—An 12:13 May 12, 2020 Jkt 000000 the case of any individual who, as of the (763351 3) PO 00000 Frm 00685 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 686 1 Pandemic Emergency Unemployment Compensation 2 but has not yet exhausted all rights to such assist- 3 ance under this section, Pandemic Emergency Un- 4 employment Compensation shall continue to be pay- 5 able to such individual for any week beginning on or 6 after such date for which the individual is otherwise 7 eligible for Pandemic Emergency Unemployment 8 Compensation. 9 ‘‘(3) TERMINATION.—Notwithstanding any 10 other provision of this subsection, no Pandemic 11 Emergency Unemployment Compensation shall be 12 payable for any week beginning after March 31, 13 2021.’’. 14 SEC. 50004. EXTENSION OF FULL FEDERAL FUNDING OF 15 THE FIRST WEEK OF COMPENSABLE REG- 16 ULAR UNEMPLOYMENT FOR STATES WITH NO 17 WAITING WEEK. 18 Section 2105(e)(2) of the CARES Act (Public Law 19 116–136) is amended by striking ‘‘December 31, 2020’’ 20 and inserting ‘‘January 31, 2021’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00686 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 687 1 SEC. 50005. EXTENSION OF EMERGENCY RELIEF AND TECH- 2 NICAL CORRECTIONS FOR GOVERNMENTAL 3 ENTITIES AND NONPROFIT ORGANIZATIONS. 4 Section 903(i)(1) of the Social Security Act, as added 5 by section 2103 of the CARES Act (Public Law 116–136), 6 is amended— 7 (1) in subparagraph (A), by striking ‘‘during 8 the applicable period’’ and inserting ‘‘with respect to 9 the applicable period’’; 10 (2) in subparagraph (B), by striking ‘‘section 11 3309(a)(1)’’ and inserting ‘‘section 3309(a)’’; 12 (3) in subparagraph (C), by striking ‘‘shall be 13 used exclusively’’ and all that follows through the 14 end and inserting ‘‘shall be used exclusively to re- 15 duce the amounts required to be paid in lieu of con- 16 tributions into the State unemployment fund pursu- 17 ant to such section by governmental entities and 18 other organizations described in section 3309(a) of 19 such Code’’; and 20 (4) in subparagraph (D), by striking ‘‘Decem- 21 ber 31, 2020’’ and inserting ‘‘January 31, 2021’’. 22 SEC. 50006. REDUCTION OF STATE ADMINISTRATIVE BUR- 23 DEN IN DETERMINATION OF AMOUNT OF 24 PANDEMIC UNEMPLOYMENT ASSISTANCE. 25 Section 2102(d) of the CARES Act (Public Law 116– 26 136) is amended by adding at the end the following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00687 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 688 1 ‘‘(4) STATE FLEXIBILITY IN ESTABLISHING IN- 2 COME.—In 3 for purposes of an application for assistance author- 4 ized under subsection (b), a State may rely on such 5 wage and self-employment data as the State may 6 elect, including any applicable data with respect to 7 an individual’s electronically mediated employment.’’. 8 SEC. 50007. EXTENSION OF TEMPORARY ASSISTANCE FOR 9 determining the income of an individual STATES WITH ADVANCES. 10 Section 1202(b)(10)(A) of the Social Security Act 11 (42 U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘De12 cember 31, 2020’’ and inserting ‘‘June 30, 2021’’. 13 SEC. 50008. EXTENSION OF FULL FEDERAL FUNDING OF EX- 14 TENDED UNEMPLOYMENT COMPENSATION. 15 Section 4105 of the Families First Coronavirus Re- 16 sponse Act (Public Law 116–127) is amended by striking 17 ‘‘December 31, 2020’’ each place it appears and inserting 18 ‘‘June 30, 2021’’. 19 SEC. 50009. EXTENSION OF TEMPORARY FINANCING OF 20 SHORT-TIME COMPENSATION PAYMENTS IN 21 STATES WITH PROGRAMS IN LAW. 22 Section 2108(b)(2) of the CARES Act (Public Law 23 116–136) is amended by striking ‘‘December 31, 2020’’ 24 and inserting ‘‘January 31, 2021’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00688 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 689 1 SEC. 50010. EXTENSION OF TEMPORARY FINANCING OF 2 SHORT-TIME COMPENSATION AGREEMENTS. 3 Section 2109(d)(2) of the CARES Act (Public Law 4 116–136) is amended by striking ‘‘December 31, 2020’’ 5 and inserting ‘‘January 31, 2021’’. 6 SEC. 50011. GRACE PERIOD FOR FULL FINANCING OF 7 8 SHORT-TIME COMPENSATION PROGRAMS. Section 2108(c) of the CARES Act (Public Law 116– 9 136) is amended by striking ‘‘shall be eligible’’ and all that 10 follows through the end and inserting the following: ‘‘ 11 ‘‘shall be eligible— 12 ‘‘(1) for payments under subsection (a) for 13 weeks of unemployment beginning after the effective 14 date of such enactment; and 15 ‘‘(2) for an additional payment equal to the 16 total amount of payments for which the State is eli- 17 gible pursuant to an agreement under section 2109 18 for weeks of unemployment before such effective 19 date.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00689 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 690 1 DIVISION F—ASSISTANCE TO AGRICUL2 TURAL PRODUCERS AND OTHER MAT- 3 TERS RELATING TO AGRICULTURE 4 SEC. 60001. DEFINITIONS. 5 In this division: 6 (1) The term ‘‘COVID–19’’ means the disease 7 caused by SARS–CoV–2, or any viral strain mutat- 8 ing therefrom with pandemic potential. 9 (2) The term ‘‘Secretary’’ means the Secretary 10 of Agriculture. 11 TITLE I—LIVESTOCK 12 SEC. 60101. ESTABLISHMENT OF TRUST FOR BENEFIT OF 13 UNPAID CASH SELLERS OF LIVESTOCK. 14 The Packers and Stockyards Act, 1921, is amended 15 by inserting after section 317 (7 U.S.C. 217a) the fol16 lowing new section: 17 ‘‘SEC. 318. STATUTORY TRUST ESTABLISHED; DEALER. 18 ‘‘(a) ESTABLISHMENT.— 19 ‘‘(1) IN livestock purchased by 20 a dealer in cash sales and all inventories of, or re- 21 ceivables or proceeds from, such livestock shall be 22 held by such dealer in trust for the benefit of all un- 23 paid cash sellers of such livestock until full payment 24 has been received by such unpaid cash sellers. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—All 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00690 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 691 1 ‘‘(2) EXEMPTION.—Any dealer whose average 2 annual purchases of livestock do not exceed 3 $100,000 shall be exempt from the provisions of this 4 section. 5 ‘‘(3) 6 MENTS.—For 7 under paragraph (1), a payment to an unpaid cash 8 seller shall not be considered to have been made if 9 the unpaid cash seller receives a payment instrument EFFECT OF DISHONORED INSTRU- purposes of determining full payment 10 that is dishonored. 11 ‘‘(b) PRESERVATION OF TRUST.—An unpaid cash 12 seller shall lose the benefit of a trust under subsection (a) 13 if the unpaid cash seller has not preserved the trust by 14 giving written notice to the dealer involved and filing such 15 notice with the Secretary— 16 ‘‘(1) within 30 days of the final date for mak- 17 ing a payment under section 409 in the event that 18 a payment instrument has not been received; or 19 ‘‘(2) within 15 business days after the date on 20 which the seller receives notice that the payment in- 21 strument promptly presented for payment has been 22 dishonored. 23 ‘‘(c) NOTICE TO LIEN HOLDERS.—When a dealer re- 24 ceives notice under subsection (b) of the unpaid cash sell25 er’s intent to preserve the benefits of the trust, the dealer g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00691 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 692 1 shall, within 15 business days, give notice to all persons 2 who have recorded a security interest in, or lien on, the 3 livestock held in such trust. 4 ‘‘(d) CASH SALES DEFINED.—For the purpose of 5 this section, a cash sale means a sale in which the seller 6 does not expressly extend credit to the buyer. 7 ‘‘(e) PURCHASE LIVESTOCK OF SUBJECT TO 8 TRUST.— 9 ‘‘(1) IN person purchasing live- 10 stock subject to a dealer trust shall receive good title 11 to the livestock if the person receives the livestock— 12 ‘‘(A) in exchange for payment of new 13 value; and 14 ‘‘(B) in good faith without notice that the 15 transfer is a breach of trust. 16 ‘‘(2) DISHONORED PAYMENT INSTRUMENT.— 17 Payment shall not be considered to have been made 18 if a payment instrument given in exchange for the 19 livestock is dishonored. 20 ‘‘(3) TRANSFER IN SATISFACTION OF ANTE- 21 CEDENT DEBT.—A 22 dealer trust is not for value if the transfer is in sat- 23 isfaction of an antecedent debt or to a secured party 24 pursuant to a security agreement. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—A 12:13 May 12, 2020 Jkt 000000 transfer of livestock subject to a (763351 3) PO 00000 Frm 00692 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 693 1 ‘‘(f) ENFORCEMENT.—Whenever the Secretary has 2 reason to believe that a dealer subject to this section has 3 failed to perform the duties required by this section or 4 whenever the Secretary has reason to believe that it will 5 be in the best interest of unpaid cash sellers, the Secretary 6 shall do one or more of the following— 7 ‘‘(1) appoint an independent trustee to carry 8 out the duties required by this section, preserve 9 trust assets, and enforce the trust; 10 ‘‘(2) serve as independent trustee, preserve 11 trust assets, and enforce the trust; or 12 ‘‘(3) file suit in the United States district court 13 for the district in which the dealer resides to enjoin 14 the dealer’s failure to perform the duties required by 15 this section, preserve trust assets, and to enforce the 16 trust. Attorneys employed by the Secretary may, 17 with the approval of the Attorney General, represent 18 the Secretary in any such suit. Nothing herein shall 19 preclude unpaid sellers from filing suit to preserve 20 or enforce the trust.’’. 21 SEC. 60102. EMERGENCY ASSISTANCE FOR MARKET-READY 22 23 LIVESTOCK AND POULTRY LOSSES. (a) IN GENERAL.—The Secretary shall make pay- 24 ments to covered producers to offset losses related to the 25 intentional depopulation of market-ready livestock and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00693 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 694 1 poultry due to insufficient regional processing access re2 lated to the COVID–19 public health emergency, as deter3 mined by the Secretary. 4 (b) PAYMENT RATE FOR COVERED PRODUCERS.— 5 (1) PAYMENTS FOR FIRST 30-DAY PERIOD.— 6 For a period of 30 days beginning, with respect to 7 a covered producer, on the initial date of depopula- 8 tion described in subsection (a) of the market-ready 9 livestock or poultry of the covered producer, the Sec- 10 retary shall reimburse such covered producer for 85 11 percent of the value of losses as determined under 12 subsection (c). 13 (2) SUBSEQUENT 30-DAY PERIODS.—For each 14 30-day period subsequent to the 30-day period de- 15 scribed in paragraph (1), the Secretary shall reduce 16 the value of the losses as determined under sub- 17 section (c) with respect to a covered producer by 10 18 percent. 19 (c) VALUATION.—In calculating the amount of losses 20 for purposes of the payment rates under subsection (b), 21 the Secretary shall use the average fair market value, as 22 determined by the Secretary in collaboration with the 23 Chief Economist of the Department of Agriculture and the 24 Administrator of the Agricultural Marketing Service, for 25 market-ready livestock, where applicable, and market- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00694 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 695 1 ready poultry, where applicable, during the period begin2 ning March 1, 2020, and ending on the date of the enact3 ment of this section. In no case shall a payment made 4 under subsection (b) exceed the average market value of 5 market-ready livestock or poultry on the date of depopula6 tion. 7 (d) PACKER-OWNED ANIMALS EXCLUDED.—The Sec- 8 retary may not make payments under this section for the 9 losses of packer-owned animals. 10 (e) DEFINITIONS.—In this section: 11 (1) COVERED PRODUCER.—The term ‘‘covered 12 producer’’ means a person or legal entity that as- 13 sumes the production and market risks associated 14 with the agricultural production of livestock and 15 poultry (as such terms are defined in section 2(a) of 16 the Packers and Stockyards Act, 1921 (7 U.S.C. 17 183(a)). 18 (2) PACKER.—The term ‘‘packer’’ has the 19 meaning given the term in section 201 of the Pack- 20 ers and Stockyards Act, 1921 (7 U.S.C. 191). 21 (3) SECRETARY.—The term ‘‘Secretary’’ means 22 the Secretary of Agriculture. 23 (f) FUNDING.—There is appropriated, out of any 24 funds in the Treasury not otherwise appropriated, such 25 sums as may be necessary to carry out this section. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00695 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 696 1 SEC. 60103. ANIMAL DISEASE PREVENTION AND MANAGE- 2 MENT RESPONSE. 3 Out of any amounts in the Treasury not otherwise 4 appropriated, there is appropriated to carry out section 5 10409A of the Animal Health Protection Act (7 U.S.C. 6 8308A) $300,000,000, to remain available until expended. 7 8 TITLE II—DAIRY SEC. 60201. DAIRY DIRECT DONATION PROGRAM. 9 (a) DEFINITIONS.—In this section: 10 (1) ELIGIBLE DAIRY ORGANIZATION.—The term 11 ‘‘eligible dairy organization’’ is defined in section 12 1431(a) of the Agricultural Act of 2014 (7 U.S.C. 13 9071(a)). 14 (2) ELIGIBLE DISTRIBUTOR.—The term ‘‘eligi- 15 ble distributor’’ means a public or private nonprofit 16 organization that distributes donated eligible dairy 17 products to recipient individuals and families. 18 (3) ELIGIBLE DAIRY PRODUCTS.—The term 19 ‘‘eligible dairy products’’ means products primarily 20 made from milk produced and processed within a 21 Federal Milk Marketing Order. 22 (4) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi- 23 ble partnership’’ means a partnership between an el- 24 igible dairy organization and an eligible distributor. 25 (b) ESTABLISHMENT AND PURPOSES.—Not later 26 than 45 days after the enactment of this Act, the Secg:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00696 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 697 1 retary shall establish and administer a direct dairy dona2 tion program for the purposes of— 3 4 (1) facilitating the timely donation of eligible dairy products and 5 6 (2) preventing and minimizing food waste. (c) DONATION AND DISTRIBUTION PLANS.— 7 (1) IN be eligible to receive re- 8 imbursement under this section, an eligible partner- 9 ship shall submit to the Secretary a donation and 10 distribution plan that describes the process that the 11 eligible partnership will use for the donation, proc- 12 essing, transportation, temporary storage, and dis- 13 tribution of eligible dairy products. 14 (2) REVIEW AND APPROVAL.—No later than 15 15 business days after receiving a plan described in 16 paragraph (1), the Secretary shall— 17 (A) review such plan; and 18 (B) issue an approval or disapproval of 19 20 such plan. (d) REIMBURSEMENT.— 21 (1) IN GENERAL.—On receipt of appropriate 22 documentation under paragraph (2), the Secretary 23 shall reimburse an eligible dairy organization at a 24 rate equal to the current Class I milk price multi- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—To 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00697 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 698 1 plied by the volume of milk required to make the do- 2 nated product. 3 (2) SPECIAL the case of donated 4 Class I products, the Secretary shall reimburse an 5 eligible dairy organization at a rate equal to the cur- 6 rent Class I milk price plus 5 percent multiplied by 7 the volume of milk required to make the donated 8 Class I product. 9 (3) DOCUMENTATION.— 10 (A) IN GENERAL.—An eligible dairy orga- 11 nization shall submit to the Secretary such doc- 12 umentation as the Secretary may require to 13 demonstrate the eligible dairy product produc- 14 tion and donation to the eligible distributor. 15 (B) VERIFICATION.—The Secretary may 16 verify the accuracy of documentation submitted. 17 (3) RETROACTIVE REIMBURSEMENT.—In pro- 18 viding reimbursements under paragraph (1), the 19 Secretary may provide reimbursements for milk 20 costs incurred before the date on which the donation 21 and distribution plan for the applicable participating 22 partnership was approved by the Secretary. 23 (e) PROHIBITION ON RESALE OF PRODUCTS.— 24 25 (1) IN 12:13 May 12, 2020 GENERAL.—An eligible distributor that receives eligible dairy products donated under this g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CASE.—In Jkt 000000 (763351 3) PO 00000 Frm 00698 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 699 1 section may not sell the products into commercial 2 markets. 3 (2) PROHIBITION ON FUTURE PARTICIPA- 4 TION.—An 5 termines has violated paragraph (1) shall not be eli- 6 gible for any future participation in the program es- 7 tablished under this section. 8 (f) REVIEWS.—The Secretary shall conduct appro- eligible distributor that the Secretary de- 9 priate reviews or audits to ensure the integrity of the pro10 gram established under this section. 11 (g) PUBLICATION OF DONATION ACTIVITY.—The 12 Secretary, acting through the Agricultural Marketing 13 Service, shall publish on the publicly accessible website of 14 such agency periodic reports containing donation activity 15 under this section. 16 (h) SUPPLEMENTAL REIMBURSEMENTS.— 17 (1) IN Secretary may make a 18 supplemental reimbursement to an eligible dairy or- 19 ganization for an approved donation and distribution 20 plan in accordance with the milk donation program 21 established under section 1431 of the Agricultural 22 Act of 2014 (7 U.S.C. 9071). 23 (2) REIMBURSEMENT CALCULATION.—A sup- 24 plemental reimbursement described in paragraph (1) 25 shall be equal to the value of— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00699 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 700 1 (A) the sum of— 2 (i) the Class IV milk price for the ap- 3 plicable month, plus 4 (ii) 5 percent of the Class I price for 5 the applicable month, multiplied by 6 (B) the volume of eligible milk under such 7 approved donation plan. 8 (i) FUNDING.—Out of the amounts of the Treasury 9 not otherwise appropriated, the Secretary shall use to 10 carry out this section $500,000,000 to remain available 11 until expended. 12 SEC. 60202. SUPPLEMENTAL DAIRY MARGIN COVERAGE 13 14 PAYMENTS. (a) IN GENERAL.—The Secretary shall provide sup- 15 plemental dairy margin coverage payments to eligible 16 dairy operations described in subsection (b)(1) whenever 17 the average actual dairy production margin (as defined in 18 section 1401 of the Agricultural Act of 2014 (7 U.S.C. 19 9051)) for a month is less than the coverage level thresh20 old selected by such eligible dairy operation under such 21 section 1406. 22 (b) ELIGIBLE DAIRY OPERATION DESCRIBED.— 23 (1) IN eligible dairy operation 24 described in this subsection is a dairy operation 25 that— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—An 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00700 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 701 1 (A) is located in the United States; and 2 (B) during a calendar year in which such 3 dairy operation is a participating dairy oper- 4 ation (as defined in section 1401 of the Agricul- 5 tural Act of 2014 (7 U.S.C. 9051)), has a pro- 6 duction history established under the dairy 7 margin coverage program under section 1405 of 8 the Agricultural Act of 2014 (7 U.S.C. 9055) 9 of less than 5 million pounds, as determined in 10 accordance with subsection (c) of such section 11 1405. 12 (2) LIMITATION ON ELIGIBILITY.—An eligible 13 dairy operation shall only be eligible for payments 14 under this section during a calendar year in which 15 such eligible dairy operation is enrolled in the dairy 16 margin coverage (as defined in section 1401 of the 17 Agricultural Act of 2014 (7 U.S.C. 9051)). 18 (c) SUPPLEMENTAL PRODUCTION HISTORY CAL- 19 CULATION.—For purposes of determining the production 20 history of an eligible dairy operation under this section, 21 such dairy operation’s production history shall be equal 22 to— 23 24 (1) the production volume of such dairy operation for the 2019 milk marketing year; minus g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00701 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 702 1 (2) the dairy margin coverage production his- 2 tory of such dairy operation established under sec- 3 tion 1405 of the Agricultural Act of 2014 (7 U.S.C. 4 9055). 5 (d) COVERAGE PERCENTAGE.— 6 (1) IN purposes of calculating 7 payments to be issued under this section during a 8 calendar year, an eligible dairy operation’s coverage 9 percentage shall be equal to the coverage percentage 10 selected by such eligible dairy operation with respect 11 to such calendar year under section 1406 of the Ag- 12 ricultural Act of 2014 (7 U.S.C. 9056). 13 (2) 5-MILLION 14 (A) IN POUND LIMITATION.— GENERAL.—The Secretary shall not 15 provide supplemental dairy margin coverage on 16 an eligible dairy operation’s actual production 17 for a calendar year such that the total covered 18 production history of such dairy operation ex- 19 ceeds 5 million pounds. 20 (B) DETERMINATION OF AMOUNT.—In cal- 21 culating the total covered production history of 22 an eligible dairy operation under subparagraph 23 (A), the Secretary shall multiply the coverage 24 percentage selected by such operation under g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00702 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 703 1 section 1406 of the Agricultural Act of 2014 (7 2 U.S.C. 9056) by the sum of— 3 (i) the supplemental production his- 4 tory calculated under subsection (c) with 5 respect to such dairy operation; and 6 (ii) the dairy margin coverage produc- 7 tion history described in subsection (c)(2) 8 with respect to such dairy operation. 9 (e) PREMIUM COST.—The premium cost for an eligi- 10 ble dairy operation under this section for a calendar year 11 shall be equal to the product of multiplying— 12 (1) the Tier I premium cost calculated with re- 13 spect to such dairy operation for such year under 14 section 1407(b) of the Agricultural Act of 2014 (7 15 12 U.S.C. 9057(b)); by 16 (2) the production history calculation with re- 17 spect to such dairy operation determined under sub- 18 section (c) (such that total covered production his- 19 tory does not exceed 5 million pounds). 20 (f) REGULATIONS.—Not later than 45 days after the 21 date of the enactment of this section, the Secretary shall 22 issue regulations to carry out this section. 23 (g) PROHIBITION WITH RESPECT TO DAIRY MARGIN 24 COVERAGE ENROLLMENT.—The Secretary may not re25 open or otherwise provide a special enrollment for dairy g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00703 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 704 1 margin coverage (as defined in section 1401 of the Agri2 cultural Act of 2014 (7 U.S.C. 9051)) for purposes of es3 tablishing eligibility for supplemental dairy margin cov4 erage payments under this section. 5 (h) RETROACTIVE APPLICATION FOR CALENDAR 6 YEAR 2020.—The Secretary shall make payments under 7 this section to eligible dairy operations described in sub8 section (b)(1) for months after and including January, 9 2020. 10 (i) SUNSET.—The authority to make payments under 11 this section shall terminate on December 31, 2023. 12 (j) FUNDING.—Out of any amounts in the Treasury 13 not otherwise appropriated, there are made available such 14 sums as may be necessary to carry out this program. 15 SEC. 60203. RECOURSE LOAN PROGRAM FOR COMMERCIAL 16 17 PROCESSORS OF DAIRY PRODUCTS. (a) IN GENERAL.—The Secretary shall make re- 18 course loans available to qualified applicants during the 19 COVID–19 pandemic. 20 (b) AMOUNT OF LOAN.— 21 (1) IN recourse loan made under 22 this section shall be provided to qualified applicants 23 up to the value of the eligible dairy product inven- 24 tory of the applicant as determined by the Secretary 25 and consistent with subsection (c). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—A 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00704 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 705 1 (2) VALUATION.—For purposes of making re- 2 course loans under this section, the Secretary shall 3 conduct eligible dairy product valuations to provide, 4 to the maximum extent practicable, funds to con- 5 tinue the operations of qualified applicants. 6 (c) INVENTORY USED AS COLLATERAL.—Eligible 7 dairy product inventory used as collateral for the recourse 8 loan program under this section shall be pledged on a ro9 tating basis to prevent spoilage of perishable products. 10 (d) TERM OF LOAN.—A recourse loan under this sec- 11 tion may be made for a period as determined by the Sec12 retary, except that no such recourse loan may end after 13 the date that is 24 months after the date of the enactment 14 of this section. 15 (e) FUNDING AND AUTHORITIES.—Out of any 16 amounts in the Treasury not otherwise appropriated, there 17 is made available $500,000,000 to carry out this section. 18 (f) DEFINITIONS.—In this section: 19 (1) ELIGIBLE PRODUCTS.—The term 20 ‘‘eligible dairy products’’ means all dairy products 21 whether in base commodity or finished product form. 22 (2) QUALIFIED APPLICANT.—The term ‘‘quali- 23 fied applicant’’ means any commercial processors, 24 packagers, merchants, marketers, wholesalers, and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DAIRY 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00705 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 706 1 distributors of eligible dairy products impacted by 2 COVID–19. 3 SEC. 60204. DAIRY MARGIN COVERAGE PREMIUM DIS- 4 COUNT FOR 3-YEAR SIGNUP. 5 The Secretary shall provide a 15 percent discount for 6 the premiums described in subsections (b) and (c) of sec7 tion 1407 of the Agricultural Act of 2014 (7 U.S.C. 9051) 8 and the premium described in section 60202(e) for a dairy 9 operation (as defined in 1401 of such Act (7 U.S.C. 10 9051)) that makes a 1-time, three-year election to enroll 11 in dairy margin coverage under part I of subtitle D of 12 such Act for calendar years 2021 through 2023. 13 TITLE III—SPECIALTY CROPS AND OTHER 14 COMMODITIES 15 SEC. 60301. SUPPORT FOR SPECIALTY CROP SECTOR. 16 Section 101(l) of the Specialty Crops Competitiveness 17 Act of 2004 (7 U.S.C. 1621 note) is amended by adding 18 at the end the following: 19 ‘‘(3) COVID–19 20 ‘‘(A) IN GENERAL.—The Secretary shall 21 make grants to States eligible to receive a grant 22 under this section to assist State efforts to sup- 23 port the specialty crop sector for impacts re- 24 lated to the COVID–19 public health emer- 25 gency. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OUTBREAK RELIEF.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00706 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 707 1 ‘‘(B) FUNDING.—There is appropriated, 2 out of any funds in the Treasury not otherwise 3 appropriated, to carry out subparagraph (A) 4 not less than $100,000,000, to remain available 5 until expended.’’. 6 SEC. 60302. SUPPORT FOR LOCAL AGRICULTURAL MAR- 7 8 KETS. Section 210A(i) of the Agricultural Marketing Act of 9 1946 (7 U.S.C. 1627c(d)) is amended by adding at the 10 end the following: 11 ‘‘(4) GRANTS 12 ‘‘(A) IN GENERAL.—In addition to grants 13 made under the preceding provisions of this 14 subsection, the Secretary shall make grants to 15 eligible entities specified in subsection (d)(6)(B) 16 to provide assistance in response to the 17 COVID–19 pandemic. 18 ‘‘(B) MATCHING FUNDS APPLICABILITY.— 19 The Secretary may not require a recipient of a 20 grant under subparagraph (A) to provide any 21 nonFederal matching funds. 22 ‘‘(F) FUNDING.—There is appropriated, 23 out of any funds in the Treasury not otherwise 24 appropriated, to carry out this paragraph, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR COVID–19 LOSSES.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00707 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 708 1 $50,000,000, to remain available until ex- 2 pended.’’. 3 SEC. 60303. 4 5 SUPPORT FOR FARMING OPPORTUNITIES TRAINING AND OUTREACH. Section 2501 of the Food, Agriculture, Conservation, 6 and Trade Act of 1990 (7 U.S.C. 2279) is amended by 7 adding at the end the following: 8 ‘‘(m) ADDITIONAL FUNDING.— 9 ‘‘(1) IN Secretary shall make 10 grants to, or enter into cooperative agreements or 11 contracts with, eligible entities specified in sub- 12 section (c)(1) to provide training, outreach, and 13 technical assistance on operations, financing, and 14 marketing to beginning farmers and ranchers, so- 15 cially disadvantaged farmers and ranchers, and vet- 16 eran farmers and ranchers. 17 ‘‘(2) MATCHING FUNDS APPLICABILITY.—The 18 Secretary may not require a recipient of a grant 19 under this subsection to provide any nonFederal 20 matching funds. 21 ‘‘(3) FUNDING.—There is appropriated, out of 22 any funds in the Treasury not otherwise appro- 23 priated, to carry out this subsection, $50,000,000, to 24 remain available until expended.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00708 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 709 1 SEC. 60304. SUPPORT FOR FARM STRESS PROGRAMS. 2 (a) IN GENERAL.—The Secretary shall make grants 3 to State departments of agriculture (or such equivalent 4 department) to expand or sustain stress assistance pro5 grams for individuals who are engaged in farming, ranch6 ing, and other agriculture-related occupations, including— 7 (1) programs that meet the criteria specified in 8 section 7522(b)(1) of the Food, Conservation, and 9 Energy Act of 2008 (7 U.S.C. 5936(b)(1)); and 10 (2) any State initiatives carried out as of the 11 date of the enactment of this Act that provide stress 12 assistance for such individuals. 13 (b) GRANT TIMING AND AMOUNT.—In making grants 14 under subsection (a), not later than 60 days after the date 15 of the enactment of this Act and subject to subsection (c), 16 the Secretary shall— 17 (1) make awards to States submitting State 18 plans that meet the criteria specified in paragraph 19 (1)(A) of such subsection within the time period 20 specified by the Secretary, in an amount not to ex- 21 ceed, $500,000 for each State; and 22 (2) of the amounts made available under sub- 23 section (f), allocate among such States, an amount 24 to be determined by the Secretary. 25 (c) STATE PLAN.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00709 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 710 1 (1) IN State department of agri- 2 culture seeking a grant under subsection (b) shall 3 submit to the Secretary a State plan to initiate, ex- 4 pand, or sustain stress assistance programs de- 5 scribed in subsection (a) that includes— 6 (A) a description of each activity and the 7 estimated amount of funding to support each 8 program and activity carried out through such 9 a program; 10 (B) an estimated timeline for the operation 11 of each such program and activity; 12 (C) the total amount of funding sought; 13 and 14 (D) an assurance that the State depart- 15 ment of agriculture will comply with the report- 16 ing requirement under subsection (e). 17 (2) GUIDANCE.—Not later than 20 days after 18 the date of the enactment of this Act, the Secretary 19 shall issue guidance for States with respect to the 20 submission of a State plan under paragraph (1) and 21 the allocation criteria under subsection (b). 22 (3) REALLOCATION.—If, after the first grants 23 are awarded pursuant to allocation under subsection 24 (b), any funds made available under subsection (f) g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—A 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00710 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 711 1 to carry out this subsection remain unobligated, the 2 Secretary shall— 3 (A) inform States that submit plans as de- 4 scribed in subsection (b), of such availability; 5 and 6 (B) reallocate such funds among such 7 States, as the Secretary determines to be ap- 8 propriate and equitable. 9 (d) COLLABORATION.—The Secretary may issue 10 guidance to encourage State departments of agriculture 11 to use funds provided under this section to support pro12 grams described in subsection (a) that are operated by— 13 (1) Indian tribes (as defined in section 4 of the 14 Indian Self-Determination and Education Assistance 15 Act (25 U.S.C. 5304)); 16 (2) State cooperative extension services; and 17 (3) nongovernmental organizations. 18 (e) REPORTING.—Not later than 180 days after the 19 public health emergency declared under section 319 of the 20 Public Health Services Act (42 U.S.C. 247d) on January 21 31, 2020, is terminated, each State receiving additional 22 grants under subsection (b) shall submit a report to the 23 Secretary describing— 24 (1) the activities conducted using such funds; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00711 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 712 1 (2) the amount of funds used to support each 2 such activity; and 3 (3) the estimated number of individuals served 4 by each such activity. 5 (f) FUNDING.—Out of any money not otherwise ap- 6 propriated, there is appropriated to carry out this section 7 $28,000,000, to remain available until expended. 8 (g) STATE DEFINED.—In this section, the term 9 ‘‘State’’ means— 10 (1) a State; 11 (2) the District of Columbia; 12 (3) the Commonwealth of Puerto Rico; and 13 (4) any other territory or possession of the 14 15 United States. SEC. 60305. SUPPORT FOR PROCESSED COMMODITIES. 16 17 (a) RENEWABLE FUEL REIMBURSEMENT PROGRAM.— 18 (1) IN Secretary shall make 19 payments in accordance with this subsection to eligi- 20 ble entities that experienced unexpected market 21 losses as a result of the COVID–19 pandemic during 22 the applicable period. 23 (2) DEFINITIONS.—In this section: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00712 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 713 1 term ‘‘ap- 2 plicable period’’ means January 1, 2020, 3 through May 1, 2020. 4 (B) ELIGIBLE ENTITY.—The term ‘‘eligible 5 entity’’ means any domestic entity or facility 6 that produced any qualified fuel in the calendar 7 year 2019. 8 (C) QUALIFIED FUEL.—The term ‘‘quali- 9 fied fuel’’ means any renewable fuel or ad- 10 vanced biofuel (as such terms are defined in 11 section 211(o)(1) of the Clean Air Act), includ- 12 ing renewable fuel from corn starch feedstock. 13 (3) AMOUNT OF PAYMENT.—The amount of the 14 payment payable to an eligible entity shall be the 15 sum of— 16 (A) $0.45 multiplied by the number of gal- 17 lons of qualified fuel produced by the eligible 18 entity during the applicable period; and 19 (B) if the Secretary determines that the el- 20 igible entity was unable to produce any quali- 21 fied fuel throughout 1 or more calendar months 22 during the applicable period due to the 23 COVID–19 pandemic, $0.45 multiplied by 50 24 percent of the number of gallons produced by g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PERIOD.—The (A) APPLICABLE 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00713 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 714 1 the eligible entity in the corresponding month 2 or months in calendar year 2019. 3 (4) REPORT.—Not later than 180 days after 4 the date of the enactment of this Act, the Secretary 5 shall submit to the Committee on Agriculture of the 6 House of Representatives and the Committee on Ag- 7 riculture, Nutrition, and Forestry of the Senate a 8 report on the payments made under this subsection, 9 including the identity of each payment recipient and 10 the amount of the payment paid to the payment re- 11 cipient. 12 (5) FUNDING.—There is made available, out of 13 any funds in the Treasury not otherwise appro- 14 priated, such sums as may be necessary for pay- 15 ments to eligible entities under this subsection. 16 (6) ADMINISTRATION.— 17 (A) IN Secretary shall use 18 the funds, facilities, and authorities of the Com- 19 modity Credit Corporation to carry out this 20 subsection. 21 (B) REGULATIONS.— 22 (i) IN GENERAL.—Except as otherwise 23 provided in this subsection, not later than 24 30 days after the date of the enactment of 25 this Act, the Secretary and the Commodity g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00714 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 715 1 Credit Corporation, as appropriate, shall 2 prescribe such regulations as are necessary 3 to carry out this subsection. 4 (ii) PROCEDURE.—The promulgation 5 of regulations under, and administration 6 of, this subsection shall be made without 7 regard to— 8 (I) the notice and comment pro- 9 visions of section 553 of title 5, 10 United States Code; and 11 (II) chapter 35 of title 44, 12 United States Code (commonly known 13 as the ‘‘Paperwork Reduction Act’’). 14 (b) EMERGENCY ASSISTANCE FOR TEXTILE 15 MILLS.— 16 (1) IN Secretary shall make 17 emergency assistance available to domestic users of 18 upland cotton and extra long staple cotton in the 19 form of a payment in an amount determined under 20 paragraph (2), regardless of the origin of such up- 21 land cotton or extra long staple cotton, during the 22 10-month period beginning on March 1, 2020. 23 24 (2) 12:13 May 12, 2020 CALCULATION OF ASSISTANCE.—The amount of the assistance provided under paragraph g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The Jkt 000000 (763351 3) PO 00000 Frm 00715 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 716 1 (1) to a domestic user described in such paragraph 2 shall be equal to 10 multiplied by the product of— 3 (A) the domestic user’s historical monthly 4 average consumption; and 5 (B) 6 cents per pound so consumed. 6 (3) ALLOWABLE emergency assist- 7 ance provided under this section shall be made avail- 8 able only to domestic users of upland cotton and 9 extra long staple cotton that certify that the assist- 10 ance shall be used only for operating expenses. 11 (4) HISTORICAL MONTHLY AVERAGE CONSUMP- 12 TION DEFINED.—The 13 age consumption’’ means the average consumption 14 for each month occurring during the period begin- 15 ning on January 1, 2017, and ending on December 16 31, 2019. term ‘‘historical monthly aver- 17 (5) SUNSET.—The Secretary may not provide 18 emergency assistance under this section on or after 19 December 31, 2020. 20 (6) FUNDING.—There is made available, out of 21 any funds in the Treasury not otherwise appro- 22 priated, such sums as may be necessary to carry out 23 this section. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 USE.—Any 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00716 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 717 1 SEC. 60306. DIRECT PAYMENTS TO AGRICULTURAL PRO- 2 3 DUCERS. (a) IN GENERAL.—The Secretary shall make direct 4 payments to producers of specialty crops, livestock, and 5 other commodities, to cover losses in response to the 6 COVID–19 pandemic. 7 (b) PAYMENT CALCULATIONS.—Payment under sub- 8 section (a), shall be calculated as follows: 9 (1) SPECIALTY 10 COMMODITIES COVERED BY CORONAVIRUS FOOD AS- 11 SISTANCE PROGRAM.—In 12 cialty crops, livestock, and other commodities in- 13 curred during the first quarter of calendar year 14 2020 and eligible to receive direct payments under 15 the Department of Agriculture’s final rule for the 16 Coronavirus Food Assistance program of the De- 17 partment of Agriculture, payments under subsection 18 (a) shall be made to producers to ensure that they 19 are compensated for 85 percent of the second quar- 20 ter actual losses estimated by the Secretary. 21 (2) SPECIALTY the case of losses of spe- CROPS, LIVESTOCK, AND OTHER 22 COMMODITIES NOT COVERED BY CORONAVIRUS FOOD 23 ASSISTANCE PROGRAM.—In 24 cialty crops, livestock, and other commodities for 25 which a producer is ineligible to receive direct pay- 26 ments under the program referred to in paragraph g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CROPS, LIVESTOCK, AND OTHER 12:13 May 12, 2020 Jkt 000000 the case of losses of spe- (763351 3) PO 00000 Frm 00717 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 718 1 (1), payments under subsection (a) shall be equal to 2 85 percent of the actual losses estimated by the Sec- 3 retary for the first and second quarters of calendar 4 year 2020 for their commodity. 5 (c) ADJUSTMENT.—In calculating the amount of a 6 payment under subsection (b)(2), the Secretary shall ac7 count for price differentiation factors for a given com8 modity based on location, specialized varieties, and farm9 ing practices such as certified organic products, by 10 using— 11 (1) differentiated prices, as determined by the 12 Risk Management Agency for purposes of the Fed- 13 eral crop insurance program under the Federal Crop 14 Insurance Act (7 U.S.C. 1501 et seq.), when avail- 15 able; and 16 (2) other data from the Department of Agri- 17 culture and colleges and universities, to determine 18 estimated prices. 19 (d) ADJUSTED GROSS INCOME LIMITATIONS.—A 20 payment under this section shall be deemed to be a cov21 ered benefit under section 1001D(b)(2) of the Food Secu22 rity Act of 1985 (7 U.S.C. 1308–3a(b)(2)), unless at least 23 75 percent of the adjusted gross income of the recipient 24 of the payment is derived from farming, ranching, or for25 estry-related activities. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00718 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 719 1 (e) PAYMENTS.—The Secretary shall make payments 2 under subsection (a) not later than 60 days after the date 3 of the enactment of this section. 4 (f) FUNDING.—There is made available, out of any 5 funds in the Treasury not otherwise appropriated, to carry 6 out this section $16,500,000,000, to remain available until 7 December 31, 2020. 8 (g) NOTIFICATION.—Any obligation or expenditure 9 under this section shall be subject to the requirements de10 scribed in section 20 of the Commodity Credit Corporation 11 Charter Act, as added by section 60402. 12 (h) REPORT TO CONGRESS.—Not later than one year 13 after the date of the enactment of this Act, the Secretary 14 shall submit to the Committee on Agriculture of the House 15 of Representatives and the Committee on Agriculture, Nu16 trition, and Forestry of the Senate a report specifying how 17 price losses were calculated for each crop and crop dif18 ferentiation factor, and evaluating the implementation, 19 costs, and general effectiveness of this section and the 20 Coronavirus Food Assistance program of the Department 21 of Agriculture. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00719 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 720 1 2 TITLE IV—COMMODITY CREDIT CORPORATION SEC. 60401. EMERGENCY ASSISTANCE. 3 Section 5 of the Commodity Credit Corporation Char- 4 ter Act (15 U.S.C. 714c) is amended by redesignating sub5 section (h) as subsection (j) and inserting the following: 6 ‘‘(h) Remove and dispose of or aid in the removal or 7 disposition of surplus livestock and poultry due to signifi8 cant supply chain interruption during an emergency pe9 riod. 10 ‘‘(i) Aid agricultural processing plants to ensure sup- 11 ply chain continuity during an emergency period.’’. 12 SEC. 60402. CONGRESSIONAL NOTIFICATION. 13 The Commodity Credit Corporation Charter Act (15 14 U.S.C. 714 et seq.) is amended by adding at the end the 15 following new section: 16 ‘‘SEC. 20. CONGRESSIONAL NOTIFICATION AND OVERSIGHT 17 18 ON SPENDING. ‘‘(a) IN GENERAL.—The Secretary shall notify in 19 writing, by first-class mail and electronic mail, the Com20 mittee on Agriculture of the House of Representatives and 21 the Committee on Agriculture, Nutrition, and Forestry of 22 the Senate at least 90 calendar days (not counting any 23 day on which both the House of Representatives and Sen24 ate are not in session) in advance of any obligation or ex25 penditure authorized under this Act. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00720 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 721 1 ‘‘(b) WRITTEN NOTICE.—A written notice required 2 under subsection (a) shall specify— 3 ‘‘(1) the commodities that will be affected; 4 ‘‘(2) the maximum financial benefit per com- 5 modity; 6 ‘‘(3) the nature of the support, including— 7 ‘‘(A) direct payments; 8 ‘‘(B) technical and financial assistance; 9 ‘‘(C) marketing assistance; and 10 ‘‘(D) purchases; 11 12 ‘‘(4) the expected legal entities or individuals that would receive financial benefits; 13 ‘‘(5) the intended policy goals; 14 ‘‘(6) the legal justification specifying the au- 15 thority of this Act utilized; and 16 ‘‘(7) the projected impacts to commodity mar- 17 kets. 18 ‘‘(c) MONITORING OR OVERSIGHT.—The Comptroller 19 General of the United States shall conduct monitoring and 20 oversight of the exercise of authorities, the receipt, dis21 bursement, and use of funds for which a report is required 22 under subsection (a). 23 ‘‘(d) REPORTS.—In conducting monitoring and over- 24 sight under subsection (c), the Comptroller General shall 25 publish reports regarding the ongoing monitoring and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00721 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 722 1 oversight efforts, which, along with any audits and inves2 tigations conducted by the Comptroller General, shall be 3 submitted to the Committee on Agriculture of the House 4 of Representatives and the Committee on Agriculture, Nu5 trition, and Forestry of the Senate and posted on the 6 website of the Government Accountability Office— 7 ‘‘(1) not later than 90 days after the initial ob- 8 ligation or expenditure of funds subject to subsection 9 (a), and every other month thereafter for as long as 10 such obligations or expenditures continue; and 11 ‘‘(2) submit to the Committee on Agriculture of 12 the House of Representatives and the Committee on 13 Agriculture, Nutrition, and Forestry of the Senate 14 additional reports as warranted by the findings of 15 the monitoring and oversight activities of the Comp- 16 troller General. 17 ‘‘(e) ACCESS TO INFORMATION.— 18 ‘‘(1) RIGHT conducting moni- 19 toring and oversight activities under subsection (c), 20 the Comptroller General shall have access to records, 21 upon request, of any Federal, State, or local agency, 22 contractor, grantee, recipient, or subrecipient per- 23 taining to any obligations or expenditures subject to 24 subsection (a), including private entities receiving 25 such assistance. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF ACCESS.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00722 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 723 1 ‘‘(2) COPIES.—The Comptroller General may 2 make and retain copies of any records accessed 3 under paragraph (1) as the Comptroller General de- 4 termines appropriate. 5 ‘‘(3) INTERVIEWS.—In addition to such other 6 authorities as are available, the Comptroller General 7 or a designee of the Comptroller General may inter- 8 view Federal, State, or local officials, contractor 9 staff, grantee staff, recipients, or subrecipients per- 10 taining to any obligations or expenditures subject to 11 subsection (a), including private entities receiving 12 such assistance. 13 ‘‘(4) INSPECTION OF FACILITIES.—As deter- 14 mined necessary by the Comptroller General, the 15 Government Accountability Office may inspect facili- 16 ties at which Federal, State, or local officials, con- 17 tractor staff, grantee staff, or recipients or sub- 18 recipients carry out their responsibilities related to 19 obligations or expenditures subject to subsection (a). 20 ‘‘(5) ENFORCEMENT.—Access rights under this 21 subsection shall be subject to enforcement consistent 22 with section 716 of title 31, United States Code. 23 ‘‘(f) RELATIONSHIP TO EXISTING AUTHORITY.— 24 Nothing in this section shall be construed to limit, amend, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00723 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 724 1 supersede, or restrict in any manner any existing author2 ity of the Comptroller General. 3 ‘‘(g) EXCEPTION TO WAITING PERIOD.—Subsection 4 (a) shall not apply if, prior to obligating or spending any 5 funding described in such subsection, the Secretary ob6 tains approval in writing from at least three of the fol7 lowing individuals— 8 ‘‘(1) the Chair of the Committee on Agriculture 9 of the House of Representatives, 10 ‘‘(2) the Ranking Member of the Committee on 11 Agriculture of the House of Representatives, 12 ‘‘(3) the Chair of the Committee on Agri- 13 culture, Nutrition, and Forestry of the Senate; and 14 ‘‘(4) the Ranking Member of the Committee on 15 Agriculture, Nutrition, and Forestry of the Senate. 16 ‘‘(h) EXCLUSION 17 TIONS.—This FOR PREEXISTING AUTHORIZA- section shall not apply to obligations and ex- 18 penditures authorized in the Agriculture Improvement Act 19 of 2018 (Public Law 115–334).’’. 20 TITLE V—CONSERVATION 21 SEC. 60501. EMERGENCY SOIL HEALTH AND INCOME PRO- 22 23 TECTION PILOT PROGRAM. (a) DEFINITION OF ELIGIBLE LAND.—In this sec- 24 tion, the term ‘‘eligible land’’ means cropland that— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00724 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 725 1 (1) is selected by the owner or operator of the 2 land for proposed enrollment in the pilot program 3 under this section; and 4 (2) as determined by the Secretary, had a crop- 5 ping history or was considered to be planted during 6 each of the 3 crop years preceding enrollment. 7 (b) ESTABLISHMENT.— 8 (1) IN Secretary shall establish 9 a voluntary emergency soil health and income pro- 10 tection pilot program under which eligible land is en- 11 rolled through the use of contracts to assist owners 12 and operators of eligible land to conserve and im- 13 prove the soil, water, and wildlife resources of the el- 14 igible land. 15 (2) DEADLINE FOR PARTICIPATION.—Eligible 16 land may be enrolled in the program under this sec- 17 tion through December 31, 2021. 18 (c) CONTRACTS.— 19 20 (1) REQUIREMENTS.—A contract described in subsection (b) shall— 21 (A) be entered into by the Secretary, the 22 owner of the eligible land, and (if applicable) 23 the operator of the eligible land; and 24 (B) provide that, during the term of the 25 contract— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00725 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 726 1 (i) the lowest practicable cost peren- 2 nial conserving use cover crop for the eligi- 3 ble land, as determined by the applicable 4 State conservationist after considering the 5 advice of the applicable State technical 6 committee, shall be planted on the eligible 7 land; 8 (ii) subject to paragraph (4), the eligi- 9 ble land may be harvested for seed, hayed, 10 or grazed outside the primary nesting sea- 11 son established for the applicable county; 12 (iii) the eligible land may be eligible 13 for a walk-in access program of the appli- 14 cable State, if any; and 15 (iv) a nonprofit wildlife organization 16 may provide to the owner or operator of 17 the eligible land a payment in exchange for 18 an agreement by the owner or operator not 19 to harvest the conserving use cover. 20 (2) PAYMENTS.— 21 (A) RENTAL as provided in 22 paragraph (4)(B)(ii), the annual rental rate for 23 a payment under a contract described in sub- 24 section (b) shall be $70 per acre. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RATE.—Except 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00726 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 727 1 (B) ADVANCE the request 2 of the owner and (if applicable) the operator of 3 the eligible land, the Secretary shall make all 4 rental payments under a contract entered into 5 under this section within 30 days of entering 6 into such contract. 7 (C) COST SHARE PAYMENTS.—A contract 8 described in subsection (b) shall provide that, 9 during the term of the contract, the Secretary 10 shall pay, of the actual cost of establishment of 11 the conserving use cover crop under paragraph 12 (1)(B)(i), not more than $30 per acre. 13 (3) TERM.— 14 (A) IN GENERAL.—Except as provided in 15 subparagraph (B), each contract described in 16 subsection (b) shall be for a term of 3 years. 17 (B) EARLY TERMINATION.— 18 (i) SECRETARY.—The Secretary may 19 terminate a contract described in sub- 20 section (b) before the end of the term de- 21 scribed in subparagraph (A) if the Sec- 22 retary determines that the early termi- 23 nation of the contract is appropriate. 24 (ii) OWNERS 25 12:13 May 12, 2020 AND OPERATORS.—An owner and (if applicable) an operator of el- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PAYMENT.—At Jkt 000000 (763351 3) PO 00000 Frm 00727 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 728 1 igible land enrolled in the pilot program 2 under this section may terminate a con- 3 tract described in subsection (b) before the 4 end of the term described in subparagraph 5 (A) if the owner and (if applicable) the op- 6 erator pay to the Secretary an amount 7 equal to the amount of rental payments re- 8 ceived under the contract. 9 (4) HARVESTING, 10 SIDE 11 seed, haying, or grazing of eligible land under para- 12 graph (1)(B)(ii) outside of the primary nesting sea- 13 son established for the applicable county shall be 14 subject to the conditions that— APPLICABLE PERIOD.—The harvesting for 15 (A) with respect to eligible land that is so 16 hayed or grazed, adequate stubble height shall 17 be maintained to protect the soil on the eligible 18 land, as determined by the applicable State con- 19 servationist after considering the advice of the 20 applicable State technical committee; and 21 (B) with respect to eligible land that is so 22 harvested for seed— 23 (i) the eligible land shall not be eligi- 24 ble to be insured or reinsured under the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 HAYING, AND GRAZING OUT- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00728 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 729 1 Federal Crop Insurance Act (7 U.S.C. 2 1501 et seq.); and 3 (ii) the annual rental rate for a pay- 4 ment under a contract described in sub- 5 section (b) shall be $52.50 per acre. 6 (d) ACREAGE LIMITATION.—Not more than 7 5,000,000 total acres of eligible land may be enrolled 8 under the pilot program under this section. 9 (e) FUNDING.—There is appropriated, out of any 10 funds in the Treasury not otherwise appropriated, such 11 sums as may be necessary to carry out this section. 12 13 TITLE VI—NUTRITION SEC. 60601. DEFINITIONS. 14 In this title: 15 (1) COVID-19 16 The term ‘‘COVID–19 public health emergency’’ 17 means the public health emergency declared by the 18 Secretary of Health and Human Services under sec- 19 tion 319 of the Public Health Services Act (42 20 U.S.C. 247d) on January 31, 2020, with respect to 21 COVID–19. 22 (2) SUPPLEMENTAL NUTRITION ASSISTANCE 23 PROGRAM.—The 24 sistance program’’ has the meaning given such term g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PUBLIC HEALTH EMERGENCY.— 12:13 May 12, 2020 Jkt 000000 term ‘‘supplemental nutrition as- (763351 3) PO 00000 Frm 00729 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 730 1 in section 3(t) of the Food and Nutrition Act of 2 2008 (7 U.S.C. 2012(t)). 3 SEC. 60602. ENHANCED PROJECTS TO HARVEST, PROCESS, 4 PACKAGE, OR TRANSPORT DONATED COM- 5 MODITIES. 6 (a) DEFINITIONS.—In this section: 7 (1) EMERGENCY ORGANIZATION.— 8 The term ‘‘emergency feeding organization’’ has the 9 meaning given the term in section 201A of the 10 Emergency Food Assistance Act of 1983 (7 U.S.C. 11 7501). 12 (2) PROJECT.—The term ‘‘project’’ has the 13 meaning given the term in section 203D(d)(1) of the 14 Emergency Food Assistance Act of 1983 (7 U.S.C. 15 7507(d)(1)). 16 (3) PRIORITY AGRICULTURAL PRODUCT.—The 17 term ‘‘priority agricultural product’’ means a dairy, 18 meat, or poultry product, or a specialty crop— 19 (A) packaged or marketed for sale to com- 20 mercial or food service industries; 21 (B) for which decreased demand exists for 22 such a product due to the COVID–19 outbreak; 23 and 24 (C) the repurposing of which would be im- 25 practical for grocery or retail sale. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FEEDING 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00730 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 731 1 (4) STATE.—The term ‘‘State’’ has the mean- 2 ing given the term in section 203D of the Emer- 3 gency Food Assistance Act of 1983 (7 U.S.C. 7507). 4 (5) STATE term ‘‘State agency’’ 5 has the meaning given the term in section 203D of 6 the Emergency Food Assistance Act of 1983 (7 7 U.S.C. 7507). 8 (b) ENHANCED PROJECTS.— 9 (1) IN GENERAL.—Subject to paragraphs (3) 10 and (4), using funds made available under sub- 11 section (d), the Secretary may provide funds to 12 States to pay for harvesting, processing, packaging, 13 or transportation costs of carrying out a project. 14 (2) GUIDANCE.—Not later than 30 days after 15 the date of enactment of this Act, the Secretary 16 shall issue guidance to States— 17 (A) to carry out this section; 18 (B) to inform States of their allocations 19 under paragraph (3); and 20 (C) to encourage States to carry out 21 projects that work with agricultural producers, 22 processors, and distributors with priority agri- 23 cultural products. 24 (3) ALLOCATION.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AGENCY.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00731 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 732 1 (A) ELIGIBILITY 2 Secretary shall allocate funds made available 3 under subsection (d) based on the formula in 4 effect under section 214(a) of the Emergency 5 Food Assistance Act of 1983 (7 U.S.C. 6 7515(a)), among States that timely submit a 7 State plan of operation for a project that in- 8 cludes— 9 (i) a list of emergency feeding organi- 10 zations in the State that will operate the 11 project in partnership with the State agen- 12 cy; 13 (ii) at the option of the State, a list 14 of priority agricultural products located in 15 the State that are for donation to emer- 16 gency feeding organizations and ready for 17 transport; 18 (iii) a description of how the project 19 will meet the purposes described in section 20 203D(d)(3) of the Emergency Food Assist- 21 ance Act of 1983 (7 U.S.C. 7507(d)(3)); 22 and 23 (iv) a timeline of when the project will 24 begin operating. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR ALLOCATION.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00732 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 733 1 (B) REALLOCATION.—If the Secretary de- 2 termines that a State will not expend all the 3 funds allocated to the State under subpara- 4 graph (A), the Secretary shall reallocate the un- 5 expended funds to other eligible States. 6 (C) REPORT.—Each State that receives 7 funds allocated under this paragraph shall sub- 8 mit to the Secretary financial reports on a reg- 9 ular basis describing the use of the funds. 10 (4) USE 11 OF FUNDS.— (A) IN GENERAL.—A 12 funds under section 203D(d)(5) of the Emer- 13 gency Food Assistance Act of 1983 (7 U.S.C. 14 7507(d)(5)) may— 15 (i) receive funds under this section; 16 and 17 (ii) use funds received under this sec- 18 tion— 19 (I) to expand projects for which 20 funds are received under such section 21 203D(d)(5); 22 (II) to carry out new projects 23 with 24 essors, or distributors participating in g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 State that receives 12:13 May 12, 2020 Jkt 000000 agricultural producers, proc- (763351 3) PO 00000 Frm 00733 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 734 1 projects for which funds are received 2 under such section 203D(d)(5); and 3 (III) to carry out projects with 4 agricultural producers, processors, or 5 distributors 6 projects for which funds are received 7 under such section 203D(d)(5). 8 (B) FEDERAL participating SHARE.—Funds in received 9 under this section shall not be subject to the 10 Federal share limitation described in section 11 203D(d)(2)(B) of the Emergency Food Assist- 12 ance Act of 1983 (7 U.S.C. 7507(d)(2)(B)). 13 (c) COOPERATIVE AGREEMENTS.— 14 (1) IN GENERAL.—A State agency that carries 15 out a project using Federal funds received under 16 this section may enter into cooperative agreements 17 with State agencies of other States under section 18 203B(d) of the Emergency Food Assistance Act of 19 1983 (7 U.S.C. 7507(d)) to maximize the use of 20 commodities donated under the project. 21 (2) SUBMISSION.—Not later than 15 days after 22 entering into a cooperative agreement under para- 23 graph (1), a State agency shall submit such agree- 24 ment to the Secretary. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00734 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 735 1 (d) APPROPRIATION OF FUNDS.—Out of funds in the 2 Treasury not otherwise appropriated, there is appro3 priated to carry out this section $25,000,000 to remain 4 available until the September 30, 2021. 5 (e) PUBLIC AVAILABILITY.—Not later than 10 days 6 after the date of the receipt or issuance of each document 7 listed in paragraphs (1), (2), or (3) of this subsection, the 8 Secretary shall make publicly available on the website of 9 the Department of Agriculture the following documents: 10 (1) Any guidance issued under subsection 11 (b)(2). 12 (2) A State plan of operation or report sub- 13 mitted in accordance with subsection (b)(3). 14 (3) A cooperative agreement submitted in ac- 15 16 cordance with subsection (c). SEC. 60603. EMERGENCY FOOD ASSISTANCE PROGRAM 17 18 FLEXIBILITIES. (a) IN GENERAL.—Notwithstanding any other provi- 19 sion of law, the Secretary of Agriculture shall issue guid20 ance to waive the non-Federal match requirement under 21 section 204(a)(4)(A) of the Emergency Food Assistance 22 Act of 1983 for funding appropriated in title I of division 23 A of this Act for costs associated with the distribution of 24 commodities. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00735 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 736 1 (b) PUBLIC AVAILABILITY.—The Secretary shall 2 make available the guidance document issued under sub3 section (a) on the public website of the Department of Ag4 riculture not later than 10 days after the date of the 5 issuance of such guidance. 6 (c) EFFECTIVE PERIOD.—The authority under this 7 section shall expire 30 days after the termination of the 8 COVID–19 public health emergency. 9 SEC. 60604. FLEXIBILITIES FOR SENIOR FARMERS’ MARKET 10 11 PROGRAM. (a) AUTHORITY TO MODIFY OR WAIVE RULES.— 12 Notwithstanding any other provision of law and if re13 quested by a State agency, the Secretary of Agriculture 14 may modify or waive any rule issued under section 4402 15 of the Farm Security and Rural Investment Act of 2002 16 (7 U.S.C. 3007) that applies to such State agency if the 17 Secretary determines that— 18 19 (1) such State agency is unable to comply with such rule as a result of COVID–19, and 20 (2) the requested modification or waiver is nec- 21 essary to enable such State agency to provide assist- 22 ance to low-income seniors under such section. 23 (b) PUBLIC AVAILABILITY.—Not later than 10 days 24 after the date of the receipt or issuance of each document 25 listed in paragraphs (1) and (2) of this subsection, the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00736 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 737 1 Secretary shall make publicly available on the website of 2 the Department of Agriculture the following documents: 3 (1) Any request submitted by State agencies 4 under subsection (a). 5 (2) The Secretary’s approval or denial of each 6 such request. 7 (c) DEFINITION OF STATE AGENCY.—The term 8 ‘‘State agency’’ has the meaning given such term in sec9 tion 249.2 of 18 title 7 of the Code of Federal Regula10 tions. 11 (d) EFFECTIVE PERIOD.—Subsection (a) shall be in 12 effect during the period that begins on the date of the 13 enactment of this Act and ends 30 days after the termi14 nation of the COVID–19 public health emergency. 15 SEC. 60605. FLEXIBILITIES FOR THE FOOD DISTRIBUTION 16 PROGRAM ON INDIAN RESERVATIONS. 17 18 (a) WAIVER MENT.—Funds OF NON-FEDERAL SHARE REQUIRE- provided in division B of the Coronavirus 19 Aid, Relief, and Economic Security Act (Public Law 116– 20 136) for the food distribution program on Indian reserva21 tions authorized by section 4(b) of the Food and Nutrition 22 Act of 2008 (7 U.S.C. 2013(b)) shall not be subject to 23 the payment of the non-Federal share requirement de24 scribed in section 4(b)(4)(A) of such Act (7 U.S.C. 25 2013(b)(4)(A)). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00737 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 738 1 (b) FLEXIBILITIES FOR CERTAIN HOUSEHOLDS.— 2 (1) IN any other 3 provision of law, the Secretary of Agriculture may 4 issue guidance to waive or adjust section 4(b)(2)(C) 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 6 2013(b)(2)(C)) for any Tribal organization (as de- 7 fined in section 3(v) of such Act (7 U.S.C. 2012(v)), 8 or for an appropriate State agency administering the 9 program established under section 4(b) of such Act 10 (7 U.S.C. 2013(b)), to ensure that households on 11 the Indian reservation who are participating in the 12 supplemental nutrition assistance program and who 13 are unable to access approved retail food stores due 14 to the outbreak of COVID–19 have access to com- 15 modities distributed under section 4(b) of such Act. 16 (2) PUBLIC AVAILABILITY.—The Secretary 17 shall make available the guidance document issued 18 under paragraph (1) on the public website of the 19 Department of Agriculture not later than 10 days 20 after the date of the issuance of such guidance. 21 (3) SUNSET.—The authority under this sub- 22 section shall expire 30 days after the termination of 23 the COVID–19 public health emergency. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Notwithstanding 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00738 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 739 1 SEC. 60606. SUPPLEMENTAL NUTRITION ASSISTANCE PRO- 2 3 GRAM. (a) VALUE OF BENEFITS.—Notwithstanding any 4 other provision of law, beginning on June 1, 2020, and 5 for each subsequent month through September 30, 2021, 6 the value of benefits determined under section 8(a) of the 7 Food and Nutrition Act of 2008 (7 U.S.C. 2017(a)), and 8 consolidated block grants for Puerto Rico and American 9 Samoa determined under section 19(a) of such Act (7 10 U.S.C. 2028(a)), shall be calculated using 115 percent of 11 the June 2019 value of the thrifty food plan (as defined 12 in section 3 of such Act (7 U.S.C. 2012)) if the value of 13 the benefits and block grants would be greater under that 14 calculation than in the absence of this subsection. 15 (b) MINIMUM AMOUNT.— 16 (1) IN GENERAL.—The minimum value of bene- 17 fits determined under section 8(a) of the Food and 18 Nutrition Act of 2008 (7 U.S.C. 2017(a)) for a 19 household of not more than 2 members shall be $30. 20 (2) EFFECTIVENESS.—Paragraph (1) shall re- 21 main in effect until the date on which 8 percent of 22 the value of the thrifty food plan for a household 23 containing 1 member, rounded to the nearest whole 24 dollar increment, is equal to or greater than $30. 25 (c) REQUIREMENTS FOR THE SECRETARY.—In car- 26 rying out this section, the Secretary shall— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00739 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 740 1 (1) consider the benefit increases described in 2 each of subsections (a) and (b) to be a ‘‘mass 3 change’’; 4 5 (2) require a simple process for States to notify households of the increase in benefits; 6 (3) consider section 16(c)(3)(A) of the Food 7 and Nutrition Act of 2008 (7 U.S.C. 2025(c)(3)(A)) 8 to apply to any errors in the implementation of this 9 section, without regard to the 120-day limit de- 10 scribed in that section; 11 (4) disregard the additional amount of benefits 12 that a household receives as a result of this section 13 in determining the amount of overissuances under 14 section 13 of the Food and Nutrition Act of 2008 15 (7 U.S.C. 2022); and 16 (5) set the tolerance level for excluding small 17 errors for the purposes of section 16(c) of the Food 18 and Nutrition Act of 2008 (7 U.S.C. 2025(c)) at 19 $50 through September 30, 2021. 20 (d) PROVISIONS FOR IMPACTED WORKERS.—Not- 21 withstanding any other provision of law, the requirements 22 under subsections (d)(1)(A)(ii) and (o) of section 6 of the 23 Food and Nutrition Act of 2008 (7 U.S.C. 2015) shall 24 not be in effect during the period beginning on June 1, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00740 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 741 1 2020, and ending 2 years after the date of enactment of 2 this Act. 3 (e) ADMINISTRATIVE EXPENSES.— 4 (1) IN the costs of State ad- 5 ministrative expenses associated with carrying out 6 this section and administering the supplemental nu- 7 trition assistance program established under the 8 Food and Nutrition Act of 2008 (7 U.S.C. 2011 et 9 seq.), the Secretary shall make 10 $150,000,000 11 $150,000,000 for fiscal year 2021. 12 (2) TIMING for fiscal year available 2020 FOR FISCAL YEAR 2020.—Not and later 13 than 60 days after the date of the enactment of this 14 Act, the Secretary shall make available to States 15 amounts for fiscal year 2020 under paragraph (1). 16 (3) ALLOCATION OF FUNDS.—Funds described 17 in paragraph (1) shall be made available as grants 18 to State agencies for each fiscal year as follows: 19 (A) 75 percent of the amounts available 20 for each fiscal year shall be allocated to States 21 based on the share of each State of households 22 that participate in the supplemental nutrition 23 assistance program as reported to the Depart- 24 ment of Agriculture for the most recent 12- 25 month period for which data are available, ad- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00741 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 742 1 justed by the Secretary (as of the date of the 2 enactment of this Act) for participation in dis- 3 aster programs under section 5(h) of the Food 4 and Nutrition Act of 2008 (7 U.S.C. 2014(h)); 5 and 6 (B) 25 percent of the amounts available 7 for each fiscal year shall be allocated to States 8 based on the increase in the number of house- 9 holds that participate in the supplemental nu- 10 trition assistance program as reported to the 11 Department of Agriculture over the most recent 12 12-month period for which data are available, 13 adjusted by the Secretary (as of the date of the 14 enactment of this Act) for participation in dis- 15 aster programs under section 5(h) of the Food 16 and Nutrition Act of 2008 (7 U.S.C. 2014(h)). 17 (f) SNAP RULES.—No funds (including fees) made 18 available under this Act or any other Act for any fiscal 19 year may be used to finalize, implement, administer, en20 force, carry out, or otherwise give effect to— 21 (1) the final rule entitled ‘‘Supplemental Nutri- 22 tion Assistance Program: Requirements for Able- 23 Bodied Adults Without Dependents’’ published in 24 the Federal Register on December 5, 2019 (84 Fed. 25 Reg. 66782); g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00742 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 743 1 (2) the proposed rule entitled ‘‘Revision of Cat- 2 egorical Eligibility in the Supplemental Nutrition 3 Assistance Program (SNAP)’’ published in the Fed- 4 eral Register on July 24, 2019 (84 Fed. Reg. 5 35570); or 6 (3) the proposed rule entitled ‘‘Supplemental 7 Nutrition Assistance Program: Standardization of 8 State Heating and Cooling Standard Utility Allow- 9 ances’’ published in the Federal Register on October 10 3, 2019 (84 Fed. Reg. 52809). 11 (g) CERTAIN EXCLUSIONS FROM SNAP INCOME.— 12 A Federal pandemic unemployment compensation pay13 ment made to an individual under section 2104 of the 14 CARES Act (Public Law 116–136) shall not be regarded 15 as income and shall not be regarded as a resource for the 16 month of receipt and the following 9 months, for the pur17 pose of determining eligibility for such individual or any 18 other individual for benefits or assistance, or the amount 19 of benefits or assistance, under any programs authorized 20 under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 21 et seq.). 22 (h) PUBLIC AVAILABILITY.—Not later than 10 days 23 after the date of the receipt or issuance of each document 24 listed below, the Secretary shall make publicly available g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00743 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 744 1 on the website of the Department of Agriculture the fol2 lowing documents: 3 (1) Any State agency request to participate in 4 the supplemental nutrition assistance program on- 5 line program under section 7(k). 6 (2) Any State agency request to waive, adjust, 7 or modify statutory or regulatory requirements 8 under the Food and Nutrition Act of 2008 related 9 to the COVID–19 outbreak. 10 (3) The Secretary’s approval or denial of each 11 such request under paragraphs (1) or (2). 12 (i) FUNDING.—There are hereby appropriated to the 13 Secretary, out of any money not otherwise appropriated, 14 such sums as may be necessary to carry out this section. 15 SEC. 60607. SNAP HOT FOOD PURCHASES. 16 During the period beginning 10 days after the date 17 of the enactment of this Act and ending on the termi18 nation date of the COVID–19 public health emergency, 19 the term ‘‘food’’, as defined in section 3 of the Food and 20 Nutrition Act of 2008 (7 U.S.C. 2012), shall be deemed 21 to exclude ‘‘hot foods or hot food products ready for imme22 diate consumption other than those authorized pursuant 23 to clauses (3), (4), (5), (7), (8), and (9) of this sub24 section,’’ for purposes of such Act, except that such exclu25 sion is limited to retail food stores authorized to accept g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00744 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 745 1 and redeem supplemental nutrition assistance program 2 benefits as of the date of enactment of this Act. 3 SEC. 60608. SNAP NUTRITION EDUCATION FLEXIBILITY. 4 (a) IN GENERAL.—Notwithstanding any other provi- 5 sion of law, the Secretary may issue nationwide guidance 6 to allow funding allocated under section 28 of the Food 7 and Nutrition Act (7 U.S.C. 2036a) to be used for individ8 uals distributing food in a non-congregate setting under 9 commodity distribution programs and child nutrition pro10 grams administered by the Food and Nutrition Service of 11 the Department of Agriculture in States affected by the 12 COVID–19 outbreak, provided that any individuals who 13 distribute school meals under— 14 (1) the school lunch program established under 15 the Richard B. Russell National School Lunch Act 16 (42 U.S.C. 1751 et seq.); and 17 (2) the school breakfast program established 18 under section 4 of the Child Nutrition Act of 1966 19 (42 U.S.C. 1773); 20 using funds allocated under section 28 of the Food and 21 Nutrition Act of 2008 (7 U.S.C. 2036a) supplement, not 22 supplant, individuals who are employed by local edu23 cational authorities as of the date of enactment of this 24 Act. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00745 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 746 1 (b) SUNSET.—The authority for this section shall ex- 2 pire 30 days after the COVID–19 public health emergency 3 is terminated. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00746 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 747 1 DIVISION G—ACCOUNTABILITY AND 2 GOVERNMENT OPERATIONS 3 TITLE I—ACCOUNTABILITY 4 SEC. 70101. MEMBERSHIP OF THE PANDEMIC RESPONSE 5 ACCOUNTABILITY COMMITTEE. 6 Section 15010(c) of the CARES Act (Public Law 7 116–136) is amended— 8 (1) in paragraph (1), by striking ‘‘and (D)’’ 9 and inserting ‘‘(D), and (E)’’; and 10 (2) in paragraph (2)(E), by inserting ‘‘of the 11 12 Council’’ after ‘‘Chairperson’’. SEC. 70102. CONGRESSIONAL NOTIFICATION OF CHANGE IN 13 14 STATUS OF INSPECTOR GENERAL. (a) CHANGE IN STATUS OF INSPECTOR GENERAL OF 15 OFFICES.—Section 3(b) of the Inspector General Act of 16 1978 (5 U.S.C. App.) is amended— 17 18 (1) by inserting ‘‘, is placed on paid or unpaid non-duty status,’’ after ‘‘is removed from office’’; 19 20 (2) by inserting ‘‘, change in status,’’ after ‘‘any such removal’’; and 21 (3) by inserting ‘‘, change in status,’’ after ‘‘be- 22 fore the removal’’. 23 (b) CHANGE IN STATUS OF INSPECTOR GENERAL OF 24 DESIGNATED FEDERAL ENTITIES.—Section 8G(e)(2) of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00747 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 748 1 the Inspector General Act of 1978 (5 U.S.C. App.) is 2 amended— 3 (1) by inserting ‘‘, is placed on paid or unpaid 4 non-duty status,’’ after ‘‘office’’; 5 (2) by inserting ‘‘, change in status,’’ after 6 ‘‘any such removal’’; and 7 (3) by inserting ‘‘, change in status,’’ after ‘‘be- 8 fore the removal’’. 9 (c) EFFECTIVE DATE.—The amendments made by 10 this section shall take effect 30 days after the date of the 11 enactment of this Act. 12 SEC. 70103. PRESIDENTIAL EXPLANATION OF FAILURE TO 13 NOMINATE AN INSPECTOR GENERAL. 14 (a) IN GENERAL.—Subchapter III of chapter 33 of 15 title 5, United States Code, is amended by inserting after 16 section 3349d the following new section: 17 ‘‘§ 3349e. Presidential explanation of failure to nomi18 19 nate an Inspector General ‘‘If the President fails to make a formal nomination 20 for a vacant Inspector General position that requires a for21 mal nomination by the President to be filled within the 22 period beginning on the date on which the vacancy oc23 curred and ending on the day that is 210 days after that 24 date, the President shall communicate, within 30 days 25 after the end of such period, to Congress in writing— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00748 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 749 1 ‘‘(1) the reasons why the President has not yet 2 made a formal nomination; and 3 ‘‘(2) a target date for making a formal nomina- 4 tion.’’. 5 (b) CLERICAL AMENDMENT.—The table of sections 6 for chapter 33 of title 5, United States Code, is amended 7 by inserting after the item relating to 3349d the following 8 new item: ‘‘3349e. Presidential explanation of failure to nominate an Inspector General.’’. 9 (c) EFFECTIVE DATE.—The amendment made by 10 subsection (a) shall take effect on the date of the enact11 ment of this Act and shall apply to any vacancy first oc12 curring on or after that date. 13 SEC. 70104. INSPECTOR GENERAL INDEPENDENCE. 14 (a) SHORT TITLE.—This section may be cited as the 15 ‘‘Inspector General Independence Act’’. 16 (b) AMENDMENT.—The Inspector General Act of 17 1978 (5 U.S.C. App.) is amended— 18 (1) in section 3(b)— 19 (A) by striking ‘‘An Inspector General’’ 20 and inserting ‘‘(1) An Inspector General’’; 21 (B) by inserting after ‘‘by the President’’ 22 the following: ‘‘in accordance with paragraph 23 (2)’’; and 24 (C) by inserting at the end the following 25 new paragraph: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00749 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 750 1 ‘‘(2) The President may remove an Inspector 2 General only for any of the following grounds: 3 ‘‘(A) Permanent incapacity. 4 ‘‘(B) Inefficiency. 5 ‘‘(C) Neglect of duty. 6 ‘‘(D) Malfeasance. 7 ‘‘(E) Conviction of a felony or conduct in- 8 volving moral turpitude. 9 ‘‘(F) Knowing violation of a law, rule, or 10 regulation. 11 ‘‘(G) Gross mismanagement. 12 ‘‘(H) Gross waste of funds. 13 ‘‘(I) Abuse of authority.’’; and 14 (2) in section 8G(e)(2), by adding at the end 15 the following new sentence: ″An Inspector General 16 may be removed only for any of the following 17 grounds: 18 ‘‘(A) Permanent incapacity. 19 ‘‘(B) Inefficiency. 20 ‘‘(C) Neglect of duty. 21 ‘‘(D) Malfeasance. 22 ‘‘(E) Conviction of a felony or conduct in- 23 volving moral turpitude. 24 ‘‘(F) Knowing violation of a law, rule, or 25 regulation. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00750 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 751 1 ‘‘(G) Gross mismanagement. 2 ‘‘(H) Gross waste of funds. 3 ‘‘(I) Abuse of authority.’’. 4 SEC. 70105. USPS INSPECTOR GENERAL OVERSIGHT RE- 5 6 SPONSIBILITIES. The Inspector General of the United States Postal 7 Service shall— 8 (1) conduct oversight, audits, and investigations 9 of projects and activities carried out with funds pro- 10 vided in division A of this Act to the United States 11 Postal Service; and 12 (2) not less than 90 days after the Postal Serv- 13 ice commences use of funding provided by division A 14 of this Act, and annually thereafter, initiate an audit 15 of the Postal Service’s use of appropriations and 16 borrowing authority provided by any division of this 17 Act, including the use of funds to cover lost reve- 18 nues, costs due to COVID–19, and expenditures, 19 and submit a copy of such audit to the Committee 20 on Homeland Security and Governmental Affairs of 21 the Senate, the Committee on Oversight and Reform 22 of the House of Representatives, and the Commit- 23 tees on Appropriations of the House of Representa- 24 tives and the Senate. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00751 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 752 1 TITLE II—CENSUS MATTERS 2 SEC. 70201. MODIFICATION OF 2020 CENSUS DEADLINES 3 4 AND TABULATION OF POPULATION. (a) DEADLINE MODIFICATION.—Notwithstanding the 5 timetables provided in sections 141(b) and (c) of title 13, 6 United States Code, and section 22(a) of the Act entitled 7 ‘‘An Act to provide for the fifteenth and subsequent decen8 nial censuses and to provide for an apportionment of Rep9 resentatives in Congress’’, approved June 18, 1929 (2 10 U.S.C. 2a(a)), for the 2020 decennial census of the popu11 lation— 12 (1) the tabulation of total population by States 13 required by section 141(a) of such title for the ap- 14 portionment of Representatives in Congress among 15 the several States shall be completed and reported 16 by the Secretary to the President within 13 months 17 after the decennial census date of April 1, 2020, and 18 shall be made public by the Secretary no later than 19 the date on which it is reported to the President; 20 (2) the President shall transmit to the Congress 21 a statement showing the whole number of persons in 22 each State, and the number of Representatives to 23 which each State would be entitled under an appor- 24 tionment of the then existing number of Representa- 25 tives, as required by such section 22(a), and deter- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00752 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 753 1 mined solely as described therein, within 14 days 2 after receipt of the tabulation reported by the Sec- 3 retary; and 4 (3) the tabulations of populations required by 5 section 141(c) of such title shall be completed by the 6 Secretary as expeditiously as possible after the cen- 7 sus date of April 1, 2020, taking into account each 8 State’s deadlines for legislative apportionment or 9 districting, and reported to the Governor of the 10 State involved and to the officers or public bodies 11 having responsibility for legislative apportionment or 12 districting of such State, except that such tabula- 13 tions of population of each State requesting a tab- 14 ulation plan, and basic tabulations of population of 15 each other State, shall be completed, reported, and 16 transmitted to each respective State within 16 17 months after the decennial census date of April 1, 18 2020. 19 (b) QUALITY.—Data products and tabulations pro- 20 duced by the Bureau of the Census pursuant to sections 21 141(b) or (c) of title 13, United States Code, in connection 22 with the 2020 decennial census shall meet the same or 23 higher data quality standards as similar products pro24 duced by the Bureau of the Census in connection with the 25 2010 decennial census. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00753 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 754 1 SEC. 70202. REPORTING REQUIREMENTS FOR 2020 CENSUS. 2 On the first day of each month during the period be- 3 tween the date of enactment of this Act and July 1, 2021, 4 the Director of the Bureau of the Census shall submit, 5 to the Committee on Oversight and Reform of the House 6 of Representatives, the Committee on Homeland Security 7 and Governmental Affairs of the Senate, and the Commit8 tees on Appropriations of the House and the Senate, a 9 report regarding the 2020 decennial census of population 10 containing the following information: 11 (1) The total number of field staff, sorted by 12 category, hired by the Bureau compared to the num- 13 ber of field staff the Bureau estimated was nec- 14 essary to carry out such census. 15 (2) Retention rates of such hired field staff. 16 (3) Average wait time for call center calls and 17 average wait time for each language provided. 18 19 (4) Anticipated schedule of such census operations. 20 21 (5) Total tabulated responses, categorized by race and Hispanic origin. 22 (6) Total appropriations available for obligation 23 for such census and a categorized list of total dis- 24 bursements. 25 26 (7) Non-Response Follow-Up completion rates by geographic location. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00754 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 755 1 (8) Update/Enumerate and Update/Leave com- 2 pletion rates by geographic location. 3 (9) Total spending to date on media, advertise- 4 ments, and partnership specialists, including a geo- 5 graphic breakdown of such spending. 6 (10) Post-enumeration schedule and subsequent 7 data aggregation and delivery progress. 8 SEC. 70203. PROVIDING BUREAU OF THE CENSUS ACCESS 9 TO INFORMATION FROM INSTITUTIONS OF 10 11 HIGHER EDUCATION. (a) IN GENERAL.—Notwithstanding any other provi- 12 sion of law, including section 444 of the General Edu13 cation Provisions Act (commonly known as the ‘‘Family 14 Educational Rights and Privacy Act of 1974’’), an institu15 tion of higher education may, in furtherance of a full and 16 accurate decennial census of population count, provide to 17 the Bureau of the Census information requested by the 18 Bureau for purposes of enumeration for the 2020 decen19 nial census of population. 20 (b) APPLICATION.— 21 (1) INFORMATION.—Only information requested 22 on the official 2020 decennial census of population 23 form may be provided to the Bureau of the Census 24 pursuant to this section. No institution of higher 25 education may provide any information to the Bu- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00755 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 756 1 reau on the immigration or citizenship status of any 2 individual. 3 (2) NOTICE REQUIRED.—Before information 4 can be provided to the Bureau, the institution of 5 higher education shall give public notice of the cat- 6 egories of information which it plans to provide and 7 shall allow 10 days after such notice has been given 8 for a student to inform the institution that any or 9 all of the information designated should not be re- 10 leased without the student’s prior consent. No insti- 11 tution of higher education shall provide the Bureau 12 with the information of any individual who has ob- 13 jected to the provision of such information. 14 (3) USE OF INFORMATION.—Information pro- 15 vided to the Bureau pursuant to this section may 16 only be used for the purposes of enumeration for the 17 2020 decennial census of population. 18 (c) DEFINITION 19 CATION.—In OF INSTITUTION OF HIGHER EDU- this section, the term ‘‘institution of higher 20 education’’ has the meaning given that term in section 102 21 of the Higher Education Act of 1965 (20 U.S.C. 1002). 22 (d) SUNSET.—The authority provided in this section 23 shall expire at the conclusion of 2020 census operations. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00756 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 757 1 SEC. 70204. LIMITATION ON TABULATION OF CERTAIN 2 DATA. 3 (a) LIMITATION.—The Bureau of the Census may 4 not compile or produce any data product or tabulation as 5 part of, in combination with, or in connection with, the 6 2020 decennial census of population or any such census 7 data produced pursuant to section 141(c) of title 13, 8 United States Code, that is based in whole or in part on 9 data that is not collected in such census. 10 (b) EXCEPTION.—The limitation in subsection (a) 11 shall not apply to any data product or tabulation that is 12 required by sections 141(b) or (c) of such title, that uses 13 the same or substantially similar methodology and data 14 sources as a decennial census data product produced by 15 the Bureau of the Census before January 1, 2019, or that 16 uses a methodology and data sources that the Bureau of 17 the Census finalized and made public prior to January 1, 18 2018. 19 TITLE III—FEDERAL WORKFORCE 20 SEC. 70301. COVID–19 TELEWORKING REQUIREMENTS FOR 21 FEDERAL EMPLOYEES. 22 (a) MANDATED TELEWORK.— 23 (1) IN immediately upon 24 the date of enactment of this Act, the head of any 25 Federal agency shall require any employee of such 26 agency who is authorized to telework under chapter g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Effective 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00757 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 758 1 65 of title 5, United States Code, or any other provi- 2 sion of law to telework during the period beginning 3 on the date of enactment of this Act and ending on 4 December 31, 2020. 5 (2) DEFINITIONS.—In this subsection— 6 (A) the term ‘‘employee’’ means— 7 (i) an employee of the Library of Con- 8 gress; 9 (ii) an employee of the Government 10 Accountability Office; 11 (iii) a covered employee as defined in 12 section 101 of the Congressional Account- 13 ability Act of 1995 (2 U.S.C. 1301), other 14 than an applicant for employment; 15 (iv) a covered employee as defined in 16 section 411(c) of title 3, United States 17 Code; 18 (v) a Federal officer or employee cov- 19 ered under subchapter V of chapter 63 of 20 title 5, United States Code; or 21 (vi) any other individual occupying a 22 position in the civil service (as that term is 23 defined in section 2101(1) of title 5, 24 United States Code); and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00758 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 759 1 (B) the term ‘‘telework’’ has the meaning 2 given that term in section 6501(3) of such title. 3 (b) TELEWORK PARTICIPATION GOALS.—Chapter 65 4 of title 5, United States Code, is amended as follows: 5 (1) In section 6502— 6 (A) in subsection (b)— 7 (i) in paragraph (4), by striking 8 ‘‘and’’ at the end; 9 (ii) in paragraph (5), by striking the 10 period at the end and inserting a semi- 11 colon; and 12 (iii) by adding at the end the fol- 13 lowing: 14 ‘‘(6) include annual goals for increasing the 15 percent of employees of the executive agency partici- 16 pating in teleworking— 17 ‘‘(A) three or more days per pay period; 18 ‘‘(B) one or 2 days per pay period; 19 ‘‘(C) once per month; and 20 ‘‘(D) on an occasional, episodic, or short- 21 term basis; and 22 ‘‘(7) include methods for collecting data on, set- 23 ting goals for, and reporting costs savings to the ex- 24 ecutive agency achieved through teleworking, con- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00759 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 760 1 sistent with the guidance developed under section 2 70302 (c) of the HEROES Act.’’; and 3 (B) by adding at the end the following: 4 5 ‘‘(d) NOTIFICATION WORKING FOR REDUCTION IN TELE- PARTICIPATION.—Not later than 30 days before 6 the date that an executive agency implements or modifies 7 a teleworking plan that would reduce the percentage of 8 employees at the agency who telework, the head of the ex9 ecutive agency shall provide written notification, including 10 a justification for the reduction in telework participation 11 and a description of how the agency will pay for any in12 creased costs resulting from that reduction, to— 13 14 ‘‘(1) the Director of the Office of Personnel Management; 15 16 ‘‘(2) the Committee on Oversight and Reform of the House of Representatives; and 17 ‘‘(3) the Committee on Homeland Security and 18 Governmental Affairs of the Senate. 19 ‘‘(e) PROHIBITION ON AGENCY-WIDE LIMITS ON 20 TELEWORKING.—An agency may not prohibit any delin21 eated period of teleworking participation for all employees 22 of the agency, including the periods described in subpara23 graphs (A) through (D) of subsection (b)(6). The agency 24 shall make any teleworking determination with respect to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00760 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 761 1 an employee or group of employees at the agency on a 2 case-by-case basis.’’. 3 (2) In section 6506(b)(2)— 4 (A) in subparagraph (F)(vi), by striking 5 ‘‘and’’ at the end; 6 (B) in subparagraph (G), by striking the 7 period at the end and inserting a semicolon; 8 and 9 (C) by adding at the end the following: 10 ‘‘(H) agency cost savings achieved through 11 teleworking, consistent with the guidance devel- 12 oped under section 2(c) of the Telework Metrics 13 and Cost Savings Act; and 14 ‘‘(I) a detailed explanation of a plan to in- 15 crease the Government-wide teleworking partici- 16 pation rate above such rate applicable to fiscal 17 year 2016, including agency-level plans to main- 18 tain or imparove such rate for each of the tele- 19 working frequency categories listed under sub- 20 paragraph (A)(iii).’’. 21 (c) GUIDANCE.—Not later than 90 days after the 22 date of the enactment of this Act, the Director of the Of23 fice of Personnel Management, in collaboration with the 24 Chief Human Capital Officer Council, shall establish uni25 form guidance for agencies on how to collect data on, set g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00761 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 762 1 goals for, and report cost savings achieved through, tele2 working. Such guidance shall account for cost savings re3 lated to travel, energy use, and real estate. 4 (d) TECHNICAL CORRECTION.—Section 6506(b)(1) 5 of title 5, United States Code, is amended by striking 6 ‘‘with Chief’’ and inserting ‘‘with the Chief’’. 7 SEC. 70302. RETIREMENT FOR CERTAIN EMPLOYEES. 8 (a) CSRS.—Section 8336(c) of title 5, United States 9 Code, is amended by adding at the end the following: 10 ‘‘(3)(A) In this paragraph— 11 ‘‘(i) the term ‘affected individual’ 12 means an individual covered under this 13 subchapter who— 14 ‘‘(I) is performing service in a 15 covered position; 16 ‘‘(II) is diagnosed with COVID– 17 19 before the date on which the indi- 18 vidual becomes entitled to an annuity 19 under paragraph (1) of this sub- 20 section or subsection (e), (m), or (n), 21 as applicable; 22 ‘‘(III) because of the illness de- 23 scribed in subclause (II), is perma- 24 nently unable to render useful and ef- 25 ficient service in the employee’s cov- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00762 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 763 1 ered position, as determined by the 2 agency in which the individual was 3 serving when such individual incurred 4 the illness; and 5 ‘‘(IV) is appointed to a position 6 in the civil service that— 7 ‘‘(aa) is not a covered posi- 8 tion; and 9 ‘‘(bb) is within an agency 10 that regularly appoints individ- 11 uals to supervisory or administra- 12 tive positions related to the ac- 13 tivities of the former covered po- 14 sition of the individual; 15 ‘‘(ii) the term ‘covered position’ means 16 a position as a law enforcement officer, 17 customs and border protection officer, fire- 18 fighter, air traffic controller, nuclear mate- 19 rials courier, member of the Capitol Police, 20 or member of the Supreme Court Police; 21 and 22 ‘‘(iii) the term ‘COVID–19’ means the 23 2019 Novel Coronavirus or 2019-nCoV. 24 ‘‘(B) Unless an affected individual files an 25 election described in subparagraph (E), cred- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00763 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 764 1 itable service by the affected individual in a po- 2 sition described in subparagraph (A)(i)(IV) 3 shall be treated as creditable service in a cov- 4 ered position for purposes of this chapter and 5 determining the amount to be deducted and 6 withheld from the pay of the affected individual 7 under section 8334. 8 ‘‘(C) Subparagraph (B) shall only apply if 9 the affected employee transitions to a position 10 described in subparagraph (A)(i)(IV) without a 11 break in service exceeding 3 days. 12 ‘‘(D) The service of an affected individual 13 shall no longer be eligible for treatment under 14 subparagraph (B) if such service occurs after 15 the individual— 16 ‘‘(i) is transferred to a supervisory or 17 administrative position related to the ac- 18 tivities of the former covered position of 19 the individual; or 20 ‘‘(ii) meets the age and service re- 21 quirements that would subject the indi- 22 vidual to mandatory separation under sec- 23 tion 8335 if such individual had remained 24 in the former covered position. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00764 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 765 1 ‘‘(E) In accordance with procedures estab- 2 lished by the Director of the Office of Personnel 3 Management, an affected individual may file an 4 election to have any creditable service per- 5 formed by the affected individual treated in ac- 6 cordance with this chapter without regard to 7 subparagraph (B). 8 ‘‘(F) Nothing in this paragraph shall be 9 construed to apply to such affected individual 10 any other pay-related laws or regulations appli- 11 cable to a covered position.’’. 12 (b) FERS.— 13 14 (1) IN GENERAL.—Section United States Code, is amended— 15 (A) by redesignating paragraphs (1) and 16 (2) as subparagraphs (A) and (B), respectively; 17 (B) by inserting ‘‘(1)’’ before ‘‘An em- 18 ployee’’; and 19 (C) by adding at the end the following: 20 ‘‘(2)(A) In this paragraph— 21 ‘‘(i) the term ‘affected individual’ 22 means an individual covered under this 23 chapter who— 24 ‘‘(I) is performing service in a 25 covered position; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 8412(d) of title 5, 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00765 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 766 1 ‘‘(II) is diagnosed with COVID– 2 19 before the date on which the indi- 3 vidual becomes entitled to an annuity 4 under paragraph (1) of this sub- 5 section or subsection (e), as applica- 6 ble; 7 ‘‘(III) because of the illness de- 8 scribed in subclause (II), is perma- 9 nently unable to render useful and ef- 10 ficient service in the employee’s cov- 11 ered position, as determined by the 12 agency in which the individual was 13 serving when such individual incurred 14 the illness; and 15 ‘‘(IV) is appointed to a position 16 in the civil service that— 17 ‘‘(aa) is not a covered posi- 18 tion; and 19 ‘‘(bb) is within an agency 20 that regularly appoints individ- 21 uals to supervisory or administra- 22 tive positions related to the ac- 23 tivities of the former covered po- 24 sition of the individual; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00766 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 767 1 ‘‘(ii) the term ‘covered position’ means 2 a position as a law enforcement officer, 3 customs and border protection officer, fire- 4 fighter, air traffic controller, nuclear mate- 5 rials courier, member of the Capitol Police, 6 or member of the Supreme Court Police; 7 and 8 ‘‘(iii) the term ‘COVID–19’ means the 9 2019 Novel Coronavirus or 2019-nCoV. 10 ‘‘(B) Unless an affected individual files an 11 election described in subparagraph (E), cred- 12 itable service by the affected individual in a po- 13 sition described in subparagraph (A)(i)(IV) 14 shall be treated as creditable service in a cov- 15 ered position for purposes of this chapter and 16 determining the amount to be deducted and 17 withheld from the pay of the affected individual 18 under section 8422. 19 ‘‘(C) Subparagraph (B) shall only apply if 20 the affected employee transitions to a position 21 described in subparagraph (A)(i)(IV) without a 22 break in service exceeding 3 days. 23 ‘‘(D) The service of an affected individual 24 shall no longer be eligible for treatment under g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00767 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 768 1 subparagraph (B) if such service occurs after 2 the individual— 3 ‘‘(i) is transferred to a supervisory or 4 administrative position related to the ac- 5 tivities of the former covered position of 6 the individual; or 7 ‘‘(ii) meets the age and service re- 8 quirements that would subject the indi- 9 vidual to mandatory separation under sec- 10 tion 8425 if such individual had remained 11 in the former covered position. 12 ‘‘(E) In accordance with procedures estab- 13 lished by the Director of the Office of Personnel 14 Management, an affected individual may file an 15 election to have any creditable service per- 16 formed by the affected individual treated in ac- 17 cordance with this chapter without regard to 18 subparagraph (B). 19 ‘‘(F) Nothing in this paragraph shall be 20 construed to apply to such affected individual 21 any other pay-related laws or regulations appli- 22 cable to a covered position.’’. 23 (2) TECHNICAL 24 12:13 May 12, 2020 CONFORMING AMEND- MENTS.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AND Jkt 000000 (763351 3) PO 00000 Frm 00768 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 769 1 (A) Chapter 84 of title 5, United States 2 Code, is amended— 3 (i) in section 8414(b)(3), by inserting 4 ‘‘(1)’’ after ‘‘subsection (d)’’; 5 (ii) in section 8415— 6 (I) in subsection (e), in the mat- 7 ter preceding paragraph (1), by in- 8 serting ‘‘(1)’’ after ‘‘subsection (d)’’; 9 and 10 (II) in subsection (h)(2)(A), by 11 striking 12 ‘‘(d)(1)(B)’’; 13 (iii) in section 8421(a)(1), by insert- 14 and inserting ing ‘‘(1)’’ after ‘‘(d)’’; 15 (iv) in section 8421a(b)(4)(B)(ii), by 16 inserting ‘‘(1)’’ after ‘‘section 8412(d)’’; 17 (v) in section 8425, by inserting ‘‘(1)’’ 18 after ‘‘section 8412(d)’’ each place it ap- 19 pears; and 20 (vi) in section 8462(c)(3)(B)(ii), by 21 inserting ‘‘(1)’’ after ‘‘subsection (d)’’. 22 (B) Title VIII of the Foreign Service Act 23 of 1980 (22 U.S.C. 4041 et seq.) is amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ‘‘(d)(2)’’ 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00769 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 770 1 (i) in section 805(d)(5) (22 U.S.C. 2 4045(d)(5)), by inserting ‘‘(1)’’ after ‘‘or 3 8412(d)’’; and 4 (ii) in section 812(a)(2)(B) (22 5 U.S.C. 4052(a)(2)(B)), by inserting ‘‘(1)’’ 6 after ‘‘or 8412(d)’’. 7 (c) CIA EMPLOYEES.—Section 302 of the Central In- 8 telligence Agency Retirement Act (50 U.S.C. 2152) is 9 amended by adding at the end the following: 10 ‘‘(d) EMPLOYEES DISABLED ON DUTY.— 11 ‘‘(1) DEFINITIONS.—In this subsection— 12 ‘‘(A) the term ‘affected employee’ means 13 an employee of the Agency covered under sub- 14 chapter II of chapter 84 of title 5, United 15 States Code, who— 16 ‘‘(i) is performing service in a position 17 designated under subsection (a); 18 ‘‘(ii) is diagnosed with COVID–19 be- 19 fore the date on which the employee be- 20 comes entitled to an annuity under section 21 233 of this Act or section 8412(d)(1) of 22 title 5, United States Code; 23 ‘‘(iii) because of the illness described 24 in clause (ii), is permanently unable to 25 render useful and efficient service in the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00770 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 771 1 employee’s covered position, as determined 2 by the Director; and 3 ‘‘(iv) is appointed to a position in the 4 civil service that is not a covered position 5 but is within the Agency; 6 ‘‘(B) the term ‘covered position’ means a 7 position as— 8 ‘‘(i) a law enforcement officer de- 9 scribed in section 8331(20) or 8401(17) of 10 title 5, United States Code; 11 ‘‘(ii) a customs and border protection 12 officer described in section 8331(31) or 13 8401(36) of title 5, United States Code; 14 ‘‘(iii) a firefighter described in section 15 8331(21) or 8401(14) of title 5, United 16 States Code; 17 ‘‘(iv) an air traffic controller described 18 in section 8331(30) or 8401(35) of title 5, 19 United States Code; 20 ‘‘(v) a nuclear materials courier de- 21 scribed in section 8331(27) or 8401(33) of 22 title 5, United States Code; 23 ‘‘(vi) a member of the United States 24 Capitol Police; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00771 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 772 1 ‘‘(vii) a member of the Supreme Court 2 Police; 3 ‘‘(viii) an affected employee; or 4 ‘‘(ix) a special agent described in sec- 5 tion 804(15) of the Foreign Service Act of 6 1980 (22 U.S.C. 4044(15)); and 7 ‘‘(C) the term ‘COVID–19’ means the 8 2019 Novel Coronavirus or 2019-nCoV. 9 ‘‘(2) TREATMENT SERVICE AFTER DIS- 10 ABILITY.—Unless 11 tion described in paragraph (3), creditable service by 12 the affected employee in a position described in 13 paragraph (1)(A)(iv) shall be treated as creditable 14 service in a covered position for purposes of this Act 15 and chapter 84 of title 5, United States Code, in- 16 cluding eligibility for an annuity under section 233 17 of this Act or 8412(d)(1) of title 5, United States 18 Code, and determining the amount to be deducted 19 and withheld from the pay of the affected employee 20 under section 8422 of title 5, United States Code. 21 ‘‘(3) BREAK an affected employee files an elec- IN SERVICE.—Paragraph (2) shall 22 only apply if the affected employee transitions to a 23 position described in paragraph (1)(A)(iv) without a 24 break in service exceeding 3 days. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00772 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 773 1 ‘‘(4) LIMITATION ON TREATMENT OF SERV- 2 ICE.—The 3 longer be eligible for treatment under paragraph (2) 4 if such service occurs after the employee is trans- 5 ferred to a supervisory or administrative position re- 6 lated to the activities of the former covered position 7 of the employee. 8 service of an affected employee shall no ‘‘(5) OPT OUT.—An affected employee may file 9 an election to have any creditable service performed 10 by the affected employee treated in accordance with 11 chapter 84 of title 5, United States Code, without 12 regard to paragraph (2).’’. 13 (d) FOREIGN SERVICE RETIREMENT 14 ABILITY AND DIS- SYSTEM.—Section 806(a)(6) of the Foreign Serv- 15 ice Act of 1980 (22 U.S.C. 4046(a)(6)) is amended by 16 adding at the end the following: 17 ‘‘(D)(i) In this subparagraph— 18 ‘‘(I) the term ‘affected special 19 agent’ means an individual covered 20 under this subchapter who— 21 ‘‘(aa) is performing service 22 as a special agent; 23 ‘‘(bb) diagnosed with 24 COVID–19 before the date on 25 which the individual becomes en- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 is 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00773 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 774 1 titled to an annuity under section 2 811; 3 ‘‘(cc) because of the illness 4 described in item (bb), is perma- 5 nently unable to render useful 6 and efficient service in the em- 7 ployee’s covered position, as de- 8 termined by the Secretary; and 9 ‘‘(dd) is appointed to a posi- 10 tion in the Foreign Service that 11 is not a covered position; 12 ‘‘(II) the term ‘covered position’ 13 means a position as— 14 ‘‘(aa) a law enforcement of- 15 ficer 16 8331(20) or 8401(17) of title 5, 17 United States Code; in section 18 ‘‘(bb) a customs and border 19 protection officer described in 20 section 8331(31) or 8401(36) of 21 title 5, United States Code; 22 ‘‘(cc) a firefighter described 23 in section 8331(21) or 8401(14) 24 of title 5, United States Code; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 described 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00774 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 775 1 ‘‘(dd) an air traffic con- 2 troller 3 8331(30) or 8401(35) of title 5, 4 United States Code; 5 in section ‘‘(ee) a nuclear materials 6 courier 7 8331(27) or 8401(33) of title 5, 8 United States Code; 9 described ‘‘(ff) 10 a in member section of the United States Capitol Police; 11 ‘‘(gg) a member of the Su- 12 preme Court Police; 13 ‘‘(hh) an employee of the 14 Agency designated under section 15 302(a) of the Central Intelligence 16 Agency 17 U.S.C. 2152(a)); or 18 Retirement Act (50 ‘‘(ii) a special agent; and 19 ‘‘(III) the term ‘COVID–19’ 20 means the 2019 Novel Coronavirus or 21 2019-nCoV. 22 ‘‘(ii) Unless an affected special agent files 23 an election described in clause (iv), creditable 24 service by the affected special agent in a posi- 25 tion described in clause (i)(I)(dd) shall be treat- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 described 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00775 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 776 1 ed as creditable service as a special agent for 2 purposes of this subchapter, including deter- 3 mining the amount to be deducted and withheld 4 from the pay of the individual under section 5 805. 6 ‘‘(iii) Clause (ii) shall only apply if the spe- 7 cial agent transitions to a position described in 8 clause (i)(I)(dd) without a break in service ex- 9 ceeding 3 days. 10 ‘‘(iv) The service of an affected employee 11 shall no longer be eligible for treatment under 12 clause (ii) if such service occurs after the em- 13 ployee is transferred to a supervisory or admin- 14 istrative position related to the activities of the 15 former covered position of the employee. 16 ‘‘(v) In accordance with procedures estab- 17 lished by the Secretary, an affected special 18 agent may file an election to have any cred- 19 itable service performed by the affected special 20 agent treated in accordance with this sub- 21 chapter, without regard to clause (ii).’’. 22 (e) IMPLEMENTATION.— 23 24 (1) OFFICE The Director of the Office of Personnel Management g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 OF PERSONNEL MANAGEMENT.— Jkt 000000 (763351 3) PO 00000 Frm 00776 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 777 1 shall promulgate regulations to carry out the amend- 2 ments made by subsections (a) and (b). 3 (2) CIA Director of the 4 Central Intelligence Agency shall promulgate regula- 5 tions to carry out the amendment made by sub- 6 section (c). 7 (3) FOREIGN 8 ABILITY SYSTEM.—The 9 mulgate regulations to carry out the amendment SERVICE RETIREMENT AND DIS- 10 made by subsection (d). 11 (4) AGENCY Secretary of State shall pro- REAPPOINTMENT.—The regula- 12 tions promulgated to carry out the amendments 13 made by this section shall ensure that, to the great- 14 est extent possible, the head of each agency appoints 15 affected employees or special agents to supervisory 16 or administrative positions related to the activities of 17 the former covered position of the employee or spe- 18 cial agent. 19 (5) TREATMENT OF SERVICE.—The regulations 20 promulgated to carry out the amendments made by 21 this section shall ensure that the creditable service 22 of an affected employee or special agent (as the case 23 may be) that is not in a covered position pursuant 24 to an election made under such amendments shall be 25 treated as the same type of service as the covered g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 EMPLOYEES.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00777 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 778 1 position in which the employee or agent suffered the 2 qualifying illness. 3 (f) EFFECTIVE DATE; APPLICABILITY.—The amend- 4 ments made by this section— 5 (1) shall take effect on the date of enactment 6 of this section; and 7 (2) shall apply to an individual who suffers an 8 illness described in section 8336(c)(3)(A)(i)(II) or 9 section 8412(d)(2)(A)(i)(II) of title 5, United States 10 Code 11 302(d)(1)(A)(ii) of the Central Intelligence Agency 12 Retirement Act (as amended by this section), or sec- 13 tion 806(a)(6)(D)(i)(I)(bb) of the Foreign Service 14 Act of 1980 (as amended by this section), on or 15 after the date that is 2 years after the date of enact- 16 ment of this section. 17 (as amended by this section), section SEC. 70303. PRESUMPTION OF ELIGIBILITY FOR WORKERS’ 18 COMPENSATION 19 EMPLOYEES 20 CORONAVIRUS. 21 BENEFITS FOR DIAGNOSED FEDERAL WITH (a) IN GENERAL.—An employee who is diagnosed 22 with COVID–19 during the period described in subsection 23 (b)(2)(A) shall, with respect to any claim made by or on 24 behalf of the employee for benefits under subchapter I of 25 chapter 81 of title 5, United States Code, be deemed to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00778 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 779 1 have an injury proximately caused by exposure to 2 coronavirus arising out of the nature of the employee’s em3 ployment and be presumptively entitled to such benefits, 4 including disability compensation, medical services, and 5 survivor benefits. 6 (b) DEFINITIONS.—In this section— 7 (1) the term ‘‘coronavirus’’ means SARS– 8 CoV–2 or another coronavirus with pandemic poten- 9 tial; and 10 (2) the term ‘‘employee’’— 11 (A) means an employee as that term is de- 12 fined in section 8101(1) of title 5, United 13 States Code, (including an employee of the 14 United States Postal Service, the Transpor- 15 tation Security Administration, or the Depart- 16 ment of Veterans Affairs, including any indi- 17 vidual appointed under chapter 73 or 74 of title 18 38, United States Code) employed in the Fed- 19 eral service at anytime during the period begin- 20 ning on January 27, 2020, and ending on Jan- 21 uary 30, 2022— 22 (i) who carried out duties requiring 23 contact with patients, members of the pub- 24 lic, or co-workers; or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00779 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 780 1 (ii) whose duties include a risk of ex- 2 posure to the coronavirus; and 3 (B) does not include any employee other- 4 wise covered by subparagraph (A) who is tele- 5 working on a full-time basis during all of such 6 period. 7 TITLE IV—FEDERAL CONTRACTING 8 PROVISIONS 9 SEC. 70401. MANDATORY TELEWORK. 10 (a) IN GENERAL.—During the emergency period, the 11 Director of the Office of Management and Budget shall 12 direct agencies to allow telework for all contractor per13 sonnel to the maximum extent practicable. Additionally, 14 the Director shall direct contracting officers to document 15 any decision to not allow telework during the emergency 16 period in the contract file. 17 (b) EMERGENCY PERIOD DEFINED.—In this section, 18 the term ‘‘emergency period’’ means the period that— 19 (1) begins on the date that is not later than 15 20 days after the date of the enactment of this Act; and 21 (2) ends on the date that the public health 22 emergency declared pursuant to section 319 of the 23 Public Health Service Act (42 U.S.C. 247d) as re- 24 sult of COVID–19, including any renewal thereof, 25 expires. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00780 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 781 1 SEC. 70402. GUIDANCE ON THE IMPLEMENTATION OF SEC- 2 TION 3610 OF THE CARES ACT. 3 Not later than 15 days after the date of the enact- 4 ment of this Act, the Director of the Office of Manage5 ment and Budget shall issue guidance to ensure uniform 6 implementation across agencies of section 3610 of the 7 CARES Act (Public Law 116–136). Any such guidance 8 shall— 9 (1) limit the basic requirements for reimburse- 10 ment to those included in such Act and the effective 11 date for such reimbursement shall be January 31, 12 2020; and 13 (2) clarify that the term ‘‘minimum applicable 14 contract billing rates’’ as used in such section in- 15 cludes the financial impact incurred as a con- 16 sequence of keeping the employees or subcontractors 17 of the contractor in a ready state (such as the base 18 hourly wage rate of an employee, plus indirect costs, 19 fees, and general and administrative expenses). 20 SEC. 70403. PAST PERFORMANCE RATINGS. 21 Section 1126 of title 41, United States Code, is 22 amended by adding at the end the following new sub23 section: 24 25 ‘‘(c) EXCEPTION OR FOR COMPLETE WORK DUE FAILURE TO TO DELIVER GOODS COVID–19.—If the head of 26 an executive agency determines that a contractor failed g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00781 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 782 1 to deliver goods or complete work as a result of measures 2 taken as a result of COVID–19 under a contract with the 3 agency by the date or within the time period imposed by 4 the contract, any information relating to such failure may 5 not be— 6 ‘‘(1) included in any past performance database 7 used by executive agencies for making source selec- 8 tion decisions; or 9 ‘‘(2) evaluated unfavorably as a factor of past 10 11 contract performance.’’. SEC. 70404. ACCELERATED PAYMENTS. 12 Not later than 10 days after the date of the enact- 13 ment of this Act and ending on the expiration of the public 14 health emergency declared pursuant to section 319 of the 15 Public Health Service Act (42 U.S.C. 247d) as a result 16 of COVID–19, including any renewal thereof, the Director 17 of the Office of Management and Budget shall direct con18 tracting officers to establish an accelerated payment date 19 for any prime contract (as defined in section 8701 of title 20 41, United States Code) with payments due 15 days after 21 the receipt of a proper invoice. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00782 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 783 1 TITLE V—DISTRICT OF COLUMBIA 2 SEC. 70501. SPECIAL BORROWING BY THE DISTRICT OF CO- 3 4 LUMBIA. (a) AUTHORIZING BORROWING UNDER MUNICIPAL 5 LIQUIDITY FACILITY OF FEDERAL RESERVE BOARD 6 SIMILAR FACILITIES OR PROGRAMS.—The Council of the AND 7 District of Columbia (hereafter in this section referred to 8 as the ‘‘Council’’) may by act authorize the issuance of 9 bonds, notes, and other obligations, in amounts deter10 mined by the Chief Financial Officer of the District of 11 Columbia to meet cash-flow needs of the District of Co12 lumbia government, for purchase by the Board of Gov13 ernors of the Federal Reserve under the Municipal Liquid14 ity Facility of the Federal Reserve or any other facility 15 or program of the Federal Reserve or another entity of 16 the Federal government which is established in response 17 to the COVID–19 Pandemic. 18 (b) REQUIRING ISSUANCE 19 WITH OTHER FORMS OF TO BE COMPETITIVE BORROWING.—The Council may 20 authorize the issuance of bonds, notes, or other obligations 21 under subsection (a) only if the issuance of such bonds, 22 notes, and other obligations is competitive with other 23 forms of borrowing in the financial market. 24 (c) TREATMENT AS GENERAL OBLIGATION.—Any 25 bond, note, or other obligation issued under subsection (a) g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00783 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 784 1 shall, if provided in the act of the Council, be a general 2 obligation of the District. 3 (d) PAYMENTS NOT SUBJECT TO APPROPRIATION.— 4 No appropriation is required to pay— 5 (1) any amount (including the amount of any 6 accrued interest or premium) obligated or expended 7 from or pursuant to subsection (a) for or from the 8 sale of any bonds, notes, or other obligation under 9 such subsection; 10 (2) any amount obligated or expended for the 11 payment of principal of, interest on, or any premium 12 for any bonds, notes, or other obligations issued 13 under subsection (a); 14 (3) any amount obligated or expended pursuant 15 to provisions made to secure any bonds, notes, or 16 other obligations issued under subsection (a); or 17 (4) any amount obligated or expended pursuant 18 to commitments, including lines of credit or costs of 19 issuance, made or entered in connection with the 20 issuance of any bonds, notes, or other obligations for 21 operating or capital costs financed under subsection 22 (a). 23 (e) RENEWAL.—Any bond, note, or other obligation 24 issued under subsection (a) may be renewed if authorized 25 by an act of the Council. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00784 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 785 1 (f) PAYMENT.—Any bonds, notes, or other obliga- 2 tions issued under subsection (a), including any renewal 3 of such bonds, notes, or other obligations, shall be due 4 and payable on such terms and conditions as are con5 sistent with the terms and conditions of the Municipal Li6 quidity Facility or other facility or program referred to 7 in subsection (a). 8 9 (g) INCLUSION ET.—The OF PAYMENTS IN ANNUAL BUDG- Council shall provide in each annual budget for 10 the District of Columbia government sufficient funds to 11 pay the principal of and interest on all bonds, notes, or 12 other obligations issued under subsection (a) of this sec13 tion becoming due and payable during such fiscal year. 14 (h) OBLIGATION TO PAY.—The Mayor of the District 15 of Columbia shall ensure that the principal of and interest 16 on all bonds, notes, or other obligations issued under sub17 section (a) are paid when due, including by paying such 18 principal and interest from funds not otherwise legally 19 committed. 20 (i) SECURITY INTEREST IN DISTRICT REVENUES.— 21 The Council may by act provide for a security interest in 22 any District of Columbia revenues as additional security 23 for the payment of any bond, note, or other obligation 24 issued under subsection (a). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00785 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 786 1 2 TITLE VI—OTHER MATTERS SEC. 70601. 3 4 ESTIMATES OF AGGREGATE ECONOMIC GROWTH ACROSS INCOME GROUPS. (a) SHORT TITLE.—This section may be cited as the 5 ‘‘Measuring Real Income Growth Act of 2020’’. 6 (b) DEFINITIONS.—In this section: 7 (1) BUREAU.—The term ‘‘Bureau’’ means the 8 Bureau of Economic Analysis of the Department of 9 Commerce. 10 11 (2) GROSS DOMESTIC PRODUCT ANALYSIS.— The term ‘‘gross domestic product analysis’’— 12 (A) means a quarterly or annual analysis 13 conducted by the Bureau with respect to the 14 gross domestic product of the United States; 15 and 16 (B) includes a revision prepared by the 17 Bureau of an analysis described in subpara- 18 graph (A). 19 (3) RECENT ESTIMATE.—The term ‘‘recent es- 20 timate’’ means the most recent estimate described in 21 subsection (c) that is available on the date on which 22 the gross domestic product analysis with which the 23 estimate is to be included is conducted. 24 (c) INCLUSION IN REPORTS.—Beginning in 2020, in 25 each gross domestic product analysis conducted by the Bu- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00786 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 787 1 reau, the Bureau shall include a recent estimate of, with 2 respect to specific percentile groups of income, the total 3 amount that was added to the economy of the United 4 States during the period to which the recent estimate per5 tains, including in— 6 (1) each of the 10 deciles of income; and 7 (2) the highest 1 percent of income. 8 (d) AUTHORIZATION OF APPROPRIATIONS.—There 9 are authorized to be appropriated to the Secretary of Com10 merce such sums as are necessary to carry out this sec11 tion. 12 SEC. 70602. WAIVER OF MATCHING FUNDS REQUIREMENT 13 FOR THE DRUG FREE COMMUNITIES SUP- 14 PORT PROGRAM. 15 The matching funds requirement under paragraphs 16 (1)(A)(i), (1)(A)(iii), and (3)(D) of section 1032(b) of the 17 Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532(b)) may 18 be modified or waived by the Administrator if a grantee 19 or applicant is unable to meet the requirement as a result 20 of the public health emergency declared pursuant to sec21 tion 319 of the Public Health Service Act (42 U.S.C. 22 247d) as a result of COVID–19. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00787 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 788 1 SEC. 70603. UNITED STATES POSTAL SERVICE BORROWING 2 3 AUTHORITY. Subsection (b)(2) of section 6001 of the Coronavirus 4 Aid, Relief, and Economic Security Act (Public Law 116– 5 136) is amended to read as follows: 6 ‘‘(2) the Secretary of the Treasury shall lend up 7 to the amount described in paragraph (1) at the re- 8 quest of the Postal Service subject to the terms and 9 conditions of the note purchase agreement between 10 the Postal Service and the Federal Financing Bank 11 in effect on September 29, 2018.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00788 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 789 2 DIVISION H—VETERANS AND SERVICEMEMBERS PROVISIONS 3 SEC. 80001. MODIFICATION OF PAY LIMITATION FOR CER- 4 TAIN HIGH-LEVEL EMPLOYEES AND OFFI- 5 CERS OF THE DEPARTMENT OF VETERANS 6 AFFAIRS. 1 7 (a) MODIFICATION.—Section 7404(d) of title 38, 8 United States Code, is amended by inserting ‘‘and except 9 for individuals appointed under 7401(4) and 7306 of this 10 title,’’ after ‘‘section 7457 of this title,’’. 11 (b) WAIVERS.— 12 (1) IN Secretary of Veterans 13 Affairs may waive the limitation described in section 14 7404(d) of such title, as in effect on the day before 15 the date of the enactment of this Act, on the amount 16 of basic pay payable to individuals appointed under 17 section 7401(4) or 7306 of such title for basic pay 18 payable during the period— 19 (A) beginning on November 1, 2010; and 20 (B) ending on the day before the date of 21 the enactment of this Act. 22 (2) FORM.—The Secretary shall prescribe the 23 form for requesting a waiver under paragraph (1). 24 25 (3) TREATMENT 12:13 May 12, 2020 OF WAIVER.—A decision not to grant a waiver under paragraph (1) shall not be g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The Jkt 000000 (763351 3) PO 00000 Frm 00789 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 790 1 treated as an adverse action and is not subject to 2 further appeal, third-party review, or judicial review. 3 SEC. 80002. INCREASE OF AMOUNT OF CERTAIN DEPART- 4 MENT OF VETERANS AFFAIRS PAYMENTS 5 DURING 6 FROM COVID–19 PANDEMIC. 7 EMERGENCY PERIOD RESULTING (a) IN GENERAL.—During the covered period, the 8 Secretary of Veterans Affairs shall apply each of the fol9 lowing provisions of title 38, United States Code, by sub10 stituting for each of the dollar amounts in such provision 11 the amount equal to 125 percent of the dollar amount that 12 was in effect under such provision on the date of the en13 actment of this Act: 14 15 (1) Subsections (l), (m), (r), and (t) of section 1114. 16 (2) Paragraph (1)(E) of section 1115. 17 (3) Subsection (c) of section 1311. 18 (4) Subsection (g) of section 1315. 19 (5) Paragraphs (1) and (2) of subsection (d) of 20 section 1521. 21 (6) Paragraphs (2) and (4) of subsection (f) of 22 section 1521. 23 (b) TREATMENT OF AMOUNTS.—Any amount payable 24 to an individual under subsection (a) in excess of the 25 amount otherwise in effect shall be in addition to any g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00790 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 791 1 other benefit or any other amount payable to that indi2 vidual under any provision of law referred to in subsection 3 (a) or any other provision of law administered by the Sec4 retary of Veterans Affairs. 5 (c) COVERED PERIOD.—In this section, the covered 6 period is the period that begins on the date of the enact7 ment of this Act and ends 60 days after the last day of 8 the emergency period (as defined in section 1135(g)(1) of 9 the Social Security Act (42 U.S.C. 1320b-5(g)(1))) result10 ing from the COVID–19 pandemic. 11 SEC. 80003. PROHIBITION ON COPAYMENTS AND COST 12 SHARING FOR VETERANS RECEIVING PRE- 13 VENTIVE SERVICES RELATING TO COVID–19. 14 (a) PROHIBITION.—The Secretary of Veterans Af- 15 fairs may not require any copayment or other cost sharing 16 under chapter 17 of title 38, United States Code, for 17 qualifying coronavirus preventive services. The require18 ment described in this subsection shall take effect with 19 respect to a qualifying coronavirus preventive service on 20 the specified date. 21 (b) DEFINITIONS.—In this section, the terms ‘‘quali- 22 fying coronavirus preventive service’’ and ‘‘specified date’’ 23 have the meaning given those terms in section 3203 of 24 the CARES Act (Public Law 116–136). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00791 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 792 1 SEC. 80004. MODIFICATION OF CALCULATION OF AMOUNTS 2 OF PER DIEM GRANTS. 3 Section 2012(a)(2)(B) of title 38, United States 4 Code, is amended— 5 (1) in clause (i), by inserting ‘‘or (iii)’’ after 6 ‘‘clause (ii)’’; and 7 (2) by adding at the end the following new 8 clause: 9 ‘‘(iii) With respect to a homeless veteran who 10 has care of a minor dependent while receiving serv- 11 ices from the grant recipient or eligible entity, the 12 daily cost of care shall be the sum of the daily cost 13 of care determined under subparagraph (A) plus, for 14 each such minor dependent, an amount that equals 15 50 percent of such daily cost of care.’’. 16 SEC. 80005. EMERGENCY TREATMENT FOR VETERANS DUR- 17 18 ING COVID–19 EMERGENCY PERIOD. (a) EMERGENCY TREATMENT.—Notwithstanding 19 section 1725 or 1728 of title 38, United States Code, or 20 any other provision of law administered by the Secretary 21 of Veterans Affairs pertaining to furnishing emergency 22 treatment to veterans at non-Department facilities, during 23 the period of a covered public health emergency, the Sec24 retary of Veterans Affairs shall furnish to an eligible vet25 eran emergency treatment at a non-Department facility in 26 accordance with this section. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00792 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 793 1 (b) AUTHORIZATION NOT REQUIRED.—The Sec- 2 retary may not require an eligible veteran to seek author3 ization by the Secretary for emergency treatment fur4 nished to the veteran pursuant to subsection (a). 5 (c) PAYMENT RATES.— 6 (1) DETERMINATION.—The rate paid for emer- 7 gency treatment furnished to eligible veterans pursu- 8 ant to subsection (a) shall be equal to the rate paid 9 by the United States to a provider of services (as de- 10 fined in section 1861(u) of the Social Security Act 11 (42 U.S.C. 1395x(u))) or a supplier (as defined in 12 section 1861(d) of such Act (42 U.S.C. 1395x(d))) 13 under the Medicare program under title XI or title 14 XVIII of the Social Security Act (42 U.S.C. 1301 et 15 seq.), including section 1834 of such Act (42 U.S.C. 16 1395m), for the same treatment. 17 (2) FINALITY.—A payment in the amount pay- 18 able under paragraph (1) for emergency treatment 19 furnished to an eligible veteran pursuant to sub- 20 section (a) shall be considered payment in full and 21 shall extinguish the veteran’s liability to the provider 22 of such treatment, unless the provider rejects the 23 payment and refunds to the United States such 24 amount by not later than 30 days after receiving the 25 payment. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00793 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 794 1 2 (d) CLAIMS PROCESSED BY THIRD PARTY ADMINIS- TRATORS.— 3 (1) REQUIREMENT.—Not later than 30 days 4 after the date of the enactment of this Act, the Sec- 5 retary shall seek to award a contract to one or more 6 entities, or to modify an existing contract, to process 7 claims for payment for emergency treatment fur- 8 nished to eligible veterans pursuant to subsection 9 (a). 10 (2) PROMPT PAYMENT STANDARD.—Section 11 1703D of title 38, United States Code, shall apply 12 with respect to claims for payment for emergency 13 treatment furnished to eligible veterans pursuant to 14 subsection (a). 15 (e) PRIMARY PAYER.—The Secretary shall be the pri- 16 mary payer with respect to emergency treatment furnished 17 to eligible veterans pursuant to subsection (a), and with 18 respect to the transportation of a veteran by ambulance. 19 In any case in which an eligible veteran is furnished such 20 emergency treatment for a non-service-connected disability 21 described in subsection (a)(2) of section 1729 of title 38, 22 United States Code, the Secretary shall recover or collect 23 reasonable charges for such treatment from a health plan 24 contract described in such section 1729 in accordance with 25 such section. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00794 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 795 1 (f) APPLICATION.—This section shall apply to emer- 2 gency treatment furnished to eligible veterans during the 3 period of a covered public health emergency, regardless of 4 whether treatment was furnished before the date of the 5 enactment of this Act. 6 (g) DEFINITIONS.—In this section: 7 8 (1) The term ‘‘covered public health emergency’’ means the declaration— 9 (A) of a public health emergency, based on 10 an outbreak of COVID–19 by the Secretary of 11 Health and Human Services under section 319 12 of the Public Health Service Act (42 U.S.C. 13 247d); or 14 (B) of a domestic emergency, based on an 15 outbreak of COVID–19 by the President, the 16 Secretary of Homeland Security, or a State or 17 local authority. 18 (2) The term ‘‘eligible veteran’’ means a vet- 19 eran enrolled in the health care system established 20 under section 1705 of title 38, United States Code. 21 (3) The term ‘‘emergency treatment’’ means 22 medical care or services rendered in a medical emer- 23 gency of such nature that a prudent layperson rea- 24 sonably expects that delay in seeking immediate g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00795 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 796 1 medical attention would be hazardous to life or 2 health. 3 (4) The term ‘‘non-Department facility’’ has 4 the meaning given that term in section 1701 of title 5 38, United States Code. 6 SEC. 80006. FLEXIBILITY FOR THE SECRETARY OF VET- 7 ERANS AFFAIRS IN CARING FOR HOMELESS 8 VETERANS 9 HEALTH EMERGENCY. 10 A COVERED PUBLIC (a) GENERAL SUPPORT.— 11 (1) USE OF FUNDS.—During a covered public 12 health emergency, the Secretary of Veterans Affairs 13 may use amounts appropriated or otherwise made 14 available to the Department of Veterans Affairs to 15 carry out sections 2011, 2012, and 2061 of title 38, 16 United States Code, to provide to homeless veterans 17 the following: 18 (A) Food. 19 (B) Shelter. 20 (C) Basic supplies (such as clothing, blan- 21 kets, and toiletry items). 22 (D) Transportation. 23 (E) Communications equipment and re- 24 quired capabilities (such as smartphones, dis- 25 posable phones, and phone service plans). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DURING 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00796 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 797 1 (F) Such other assistance as the Secretary 2 determines appropriate. 3 (2) HOMELESS 4 DEPARTMENT.— 5 (A) USE OF REVOLVING FUND.—During a 6 covered public health emergency, the Secretary 7 may use amounts in the revolving fund under 8 section 8109(h) of title 38, United States Code, 9 to alter parking facilities of the Department to 10 facilitate the use of such facilities as temporary 11 shelter locations for homeless veterans. 12 (B) PARTNERSHIPS.—During a covered 13 public health emergency, the Secretary may 14 partner with one or more organizations to man- 15 age land of the Department used by homeless 16 veterans for sleeping. 17 (C) EQUIPMENT.—During a covered public 18 health emergency, the Secretary shall not be re- 19 sponsible for furnishing outdoor equipment nec- 20 essary for sleeping on land of the Department. 21 (b) GRANT AND PER DIEM PROGRAM.— 22 (1) MAXIMUM PER DIEM RATE.—Notwith- 23 standing paragraph (2) of section 2012(a) of title 24 38, United States Code, during a covered public 25 health emergency, the maximum rate of per diem g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 VETERANS ON LAND OF THE 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00797 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 798 1 authorized under such section is 300 percent of the 2 rate authorized for State homes for domiciliary care 3 under subsection (a)(1)(A) of section 1741 of such 4 title, as the Secretary may increase from time to 5 time under subsection (c) of that section. 6 (2) USE a 7 covered public health emergency, a recipient of a 8 grant or an eligible entity under the grant and per 9 diem program of the Department (in this subsection 10 referred to as the ‘‘program’’) may use per diem 11 payments under sections 2012 and 2061 of title 38, 12 United States Code, to provide food and basic sup- 13 plies for— 14 (A) homeless veterans in the program; and 15 (B) formerly homeless veterans in the com- 16 munity who experienced homelessness during 17 the one-year period ending on the date of the 18 enactment of this Act. 19 (3) ADDITIONAL 20 (A) IN TRANSITIONAL HOUSING.— GENERAL.—During a covered pub- 21 lic health emergency, the Secretary may provide 22 amounts for grants and per diem payments 23 under the program for additional transitional 24 housing beds to facilitate access to housing and 25 services provided to homeless veterans. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF PER DIEM PAYMENTS.—During 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00798 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 799 1 (B) NOTICE; 2 PERFORMANCE.—The 3 amounts under subparagraph (A)— PERIOD OF Secretary may provide 4 (i) without notice or competition; and 5 (ii) for a period of performance deter- 6 mined by the Secretary. 7 (4) INSPECTIONS 8 QUIREMENTS.— 9 (A) IN AND LIFE SAFETY CODE RE- GENERAL.—During a covered pub- 10 lic health emergency, the Secretary may waive 11 any requirement under subsection (b) or (c) of 12 section 2012 of title 38, United States Code, in 13 order to allow the recipient of a grant or an eli- 14 gible entity under the program— 15 (i) to quickly identify temporary alter- 16 nate sites of care for homeless veterans 17 that are suitable for habitation; 18 (ii) to facilitate social distancing or 19 isolation needs; or 20 (iii) to facilitate activation or continu- 21 ation of a program for which a grant has 22 been awarded. 23 (B) LIMITATION.—The Secretary may 24 waive a requirement pursuant to the authority 25 provided by subparagraph (A) with respect to a g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 COMPETITION; 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00799 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 800 1 facility of a recipient of a grant or an eligible 2 entity under the program only if the facility 3 meets applicable local safety requirements, in- 4 cluding fire safety requirements. 5 (c) HEALTH CARE FOR HOMELESS VETERANS.— 6 (1) COMMUNITY-BASED FACILI- 7 TIES.—During 8 the Secretary may use amounts as authorized under 9 subsection (a)(1) notwithstanding any requirement 10 under subsection (a)(2) of section 2031 of title 38, 11 United States Code, that community-based treat- 12 ment facilities provide care, treatment, and rehabili- 13 tative services to veterans described in such section. 14 a covered public health emergency, (2) REPORT TO CONGRESS ON REDUCTION OF 15 CARE, 16 ICES.—During 17 the Secretary reduces the care, treatment, and reha- 18 bilitative services provided to homeless veterans 19 under section 2031(a)(2) of title 38, United States 20 Code, the Secretary shall submit to Congress month- 21 ly reports on the reduction of such care, treatment, 22 and services for the duration of the covered public 23 health emergency. 24 25 12:13 May 12, 2020 TREATMENT, AND REHABILITATIVE SERV- a covered public health emergency, if (3) INSPECTION AND LIFE SAFETY CODE RE- QUIREMENTS.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TREATMENT Jkt 000000 (763351 3) PO 00000 Frm 00800 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 801 1 (A) IN GENERAL.—During a covered pub- 2 lic health emergency, the Secretary may waive 3 any inspection or life safety code requirement 4 under subsection (c) of section 2032 of title 38, 5 United States Code— 6 (i) to allow quick identification of 7 temporary alternate sites of care for home- 8 less veterans that are suitable for habi- 9 tation; 10 (ii) to facilitate social distancing or 11 isolation needs; or 12 (iii) to facilitate the operation of hous- 13 ing under such section. 14 (B) LIMITATION.—The Secretary may 15 waive a requirement pursuant to the authority 16 provided by subparagraph (A) with respect to a 17 residence or facility referred to in such section 18 2032 only if the residence or facility, as the 19 case may be, meets applicable local safety re- 20 quirements, including fire safety requirements. 21 22 (d) ACCESS MENT OF OF HOMELESS VETERANS TO DEPART- VETERANS AFFAIRS TELEHEALTH SERVICES.— 23 During a covered public health emergency, the Secretary 24 may make available telehealth capabilities to homeless vet25 erans who— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00801 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 802 1 2 (1) are receiving services provided under chapter 20 of title 38, United States Code; or 3 (2) are participating in a program under such 4 chapter. 5 (e) DEFINITIONS.—In this section: 6 (1) COVERED 7 The term ‘‘covered public health emergency’’ means 8 an emergency with respect to COVID–19 declared 9 by a Federal, State, or local authority. 10 (2) HOMELESS VETERAN; VETERAN.—The 11 terms ‘‘homeless veteran’’ and ‘‘veteran’’ have the 12 meanings given those terms in section 2002 of title 13 38, United States Code. 14 (3) PARKING FACILITY.—The term ‘‘parking fa- 15 cility’’ has the meaning given that term in section 16 8109(a) of such title. 17 (4) TELEHEALTH.— 18 (A) IN GENERAL.—The term ‘‘telehealth’’ 19 means the use of electronic information and 20 telecommunications technologies to support and 21 promote long-distance clinical health care, pa- 22 tient and professional health-related education, 23 public health, and health administration. 24 (B) TECHNOLOGIES.—For purposes of 25 subparagraph (A), ‘‘telecommunications tech- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PUBLIC HEALTH EMERGENCY.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00802 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 803 1 nologies’’ include video conferencing, the inter- 2 net, streaming media, and terrestrial and wire- 3 less communications. 4 SEC. 80007. HUD–VASH PROGRAM. 5 The Secretary of Housing and Urban Development 6 shall take such actions with respect to the supported hous7 ing program carried out under section 8(o)(19) of the 8 United States Housing Act of 1937 (42 U.S.C. 9 1437f(o)(19)) in conjunction with the Department of Vet10 erans Affairs (commonly referred to as ‘‘HUD–VASH’’), 11 and shall require public housing agencies administering 12 assistance under such program to take such actions, as 13 may be appropriate to facilitate the issuance and utiliza14 tion of vouchers for rental assistance under such program 15 during the period of the covered public health emergency 16 (as such term is defined in section 1 of this Act), including 17 the following actions: 18 (1) Establishing mechanisms and procedures 19 providing for referral and application documents 20 used under such program to be received by fax, elec- 21 tronic mail, drop box, or other means not requiring 22 in-person contact. 23 (2) Establishing mechanisms and procedures 24 for processing applications for participation in such 25 program that do not require identification or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00803 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 804 1 verification of identity by social security number or 2 photo ID in cases in which closure of governmental 3 offices prevents confirmation or verification of iden- 4 tity by such means. 5 (3) Providing for waiver of requirements to con- 6 duct housing quality standard inspections with re- 7 spect to dwelling units for which rental assistance is 8 provided under such program. 9 SEC. 80008. EXTENSION OF LEASE PROTECTIONS FOR 10 SERVICEMEMBERS UNDER STOP MOVEMENT 11 ORDERS IN RESPONSE TO LOCAL, NATIONAL, 12 OR GLOBAL EMERGENCY. 13 (a) TERMINATION.—Subsection (a)(1) of section 305 14 of the Servicemembers Civil Relief Act (50 U.S.C. 3955) 15 is amended— 16 17 (1) in subparagraph (A), by striking ‘‘; or’’ and inserting a semicolon; 18 19 (2) in subparagraph (B), by striking the period at the end and inserting ‘‘; or’’; and 20 21 (3) by adding at the end the following new subparagraph: 22 ‘‘(C) the date of the lessee’s stop move- 23 ment order described in paragraph (1)(C) or 24 (2)(C) of subsection (b), as the case may be.’’. 25 (b) COVERED LEASES.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00804 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 805 1 2 (1) LEASES (1) of subsection (b) of such section is amended— 3 (A) in subparagraph (A), by striking ‘‘; 4 or’’ and inserting a semicolon; 5 (B) in subparagraph (B), by striking the 6 period at the end and inserting ‘‘; or’’; and 7 (C) by adding at the end the following new 8 subparagraph: 9 ‘‘(C) the servicemember, while in military 10 service— 11 ‘‘(i) executes a lease upon receipt of 12 military orders for a permanent change of 13 station or to deploy with a military unit, or 14 as an individual in support of a military 15 operation, for a period of not less than 90 16 days; and 17 ‘‘(ii) thereafter receives a stop move- 18 ment order issued by the Secretary of De- 19 fense in response to a local, national, or 20 global emergency, effective for an indefi- 21 nite period or for a period of not less than 22 30 days, which prevents the servicemember 23 or servicemember’s dependents from occu- 24 pying the lease for a residential, profes- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF PREMISES.—Paragraph 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00805 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 806 1 sional, business, agricultural, or similar 2 purpose.’’. 3 4 (2) LEASES (2) of such subsection is amended— 5 (A) in subparagraph (A), by striking ‘‘; 6 or’’ and inserting a semicolon; 7 (B) in subparagraph (B)(ii), by striking 8 the period at the end and inserting ‘‘; or’’; and 9 (C) by adding at the end the following new 10 subparagraph: 11 ‘‘(C) the servicemember, while in military 12 service— 13 ‘‘(i) executes a lease upon receipt of 14 military orders described in subparagraph 15 (B); and 16 ‘‘(ii) thereafter receives a stop move- 17 ment order issued by the Secretary of De- 18 fense in response to a local, national, or 19 global emergency, effective for an indefi- 20 nite period or for a period of not less than 21 30 days, which prevents the servicemem- 22 ber, or the servicemember’s dependents, 23 from using the vehicle for personal or busi- 24 ness transportation.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF MOTOR VEHICLES.—Paragraph 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00806 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 807 1 (c) EFFECTIVE DATE OF TERMINATION.—Paragraph 2 (1) of subsection (d) of such section is amended to read 3 as follows: 4 ‘‘(1) LEASE 5 ‘‘(A) ENTRANCE TO MILITARY SERVICE, 6 PERMANENT CHANGE OF STATION, OR DEPLOY- 7 MENT.—In 8 paragraph (A) or (B) of subsection (b)(1) that 9 provides for monthly payment of rent, termi- 10 nation of the lease under subsection (a) is effec- 11 tive 30 days after the first date on which the 12 next rental payment is due and payable after 13 the date on which the notice under subsection 14 (c) is delivered. In the case of any other lease 15 described in subparagraphs (A) and (B) of sub- 16 section (b)(1) termination of the lease under 17 subsection (a) is effective on the last day of the 18 month following the month in which the notice 19 is delivered. 20 the case of a lease described in sub- ‘‘(B) STOP MOVEMENT ORDERS.—In the 21 case 22 (b)(1)(C), termination of the lease under sub- 23 section (a) is effective on the date on which the 24 requirements of subsection (c) are met for such 25 termination.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF PREMISES.— 12:13 May 12, 2020 Jkt 000000 of a lease described in subsection (763351 3) PO 00000 Frm 00807 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 808 1 (d) TECHNICAL CORRECTION.—Subsection (i) is 2 amended, in the matter before paragraph (1), by inserting 3 ‘‘In this section:’’ after ‘‘DEFINITIONS.—’’. 4 (e) RETROACTIVE APPLICATION.—The amendments 5 made by this section shall apply to stop movement orders 6 issued on or after March 1, 2020. 7 SEC. 80009. TERMINATION OF TELEPHONE, MULTICHANNEL 8 VIDEO PROGRAMMING, AND INTERNET AC- 9 CESS SERVICE CONTRACTS BY 10 SERVICEMEMBERS WHO ENTER INTO CON- 11 TRACTS AFTER RECEIVING MILITARY OR- 12 DERS FOR PERMANENT CHANGE OF STATION 13 BUT THEN RECEIVE STOP MOVEMENT OR- 14 DERS DUE TO AN EMERGENCY SITUATION. 15 (a) IN GENERAL.—Section 305A(a)(1) of the 16 Servicemembers Civil Relief Act (50 U.S.C. 3956) is 17 amended— 18 (1) by striking ‘‘after the date the servicemem- 19 ber receives military orders to relocate for a period 20 of not less than 90 days to a location that does not 21 support the contract.’’ and inserting ‘‘after—’’; and 22 (2) by adding at the end the following new sub- 23 paragraphs: 24 ‘‘(A) the date the servicemember receives 25 military orders to relocate for a period of not g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00808 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 809 1 less than 90 days to a location that does not 2 support the contract; or 3 ‘‘(B) the date the servicemember, while in 4 military service, receives military orders for a 5 permanent change of station, thereafter enters 6 into the contract, and then after entering into 7 the contract receives a stop movement order 8 issued by the Secretary of Defense in response 9 to a local, national, or global emergency, effec- 10 tive for an indefinite period or for a period of 11 not less than 30 days, which prevents the serv- 12 icemember from using the services provided 13 under the contract.’’. 14 (b) RETROACTIVE APPLICATION.—The amendments 15 made by this section shall apply to stop movement orders 16 issued on or after March 1, 2020. 17 SEC. 80010. TERMINATION OF CONTRACTS FOR TELE- 18 PHONE, MULTICHANNEL VIDEO PROGRAM- 19 MING, OR INTERNET ACCESS SERVICE BY 20 CERTAIN 21 SERVICEMEMBERS CIVIL RELIEF ACT. 22 Section 305A(a) of the Servicemembers Civil Relief INDIVIDUALS UNDER 23 Act (50 U.S.C. 3956(a)) is amended by adding at the end 24 the following new paragraph: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00809 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 810 1 ‘‘(4) ADDITIONAL 2 purposes of this section, the following individuals 3 shall be treated as a servicemember covered by para- 4 graph (1): 5 ‘‘(A) A spouse or dependent of a service- 6 member who dies while in military service or a 7 spouse or dependent of a member of the reserve 8 components who dies while performing duty de- 9 scribed in subparagraph (C). 10 ‘‘(B) A spouse or dependent of a service- 11 member who incurs a catastrophic injury or ill- 12 ness (as that term is defined in section 439(g) 13 of title 37, United States Code), if the service- 14 member incurs the catastrophic injury or illness 15 while in military service or performing duty de- 16 scribed in subparagraph (C). 17 ‘‘(C) A member of the reserve components 18 performing military service or performing full- 19 time National Guard duty, active Guard and 20 Reserve duty, or inactive-duty training (as such 21 terms are defined in section 101(d) of title 10, 22 United States Code).’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 INDIVIDUALS COVERED.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00810 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 811 1 SEC. 80011. CLARIFICATION OF TERMINATION OF LEASES 2 OF PREMISES AND MOTOR VEHICLES OF 3 SERVICEMEMBERS WHO 4 STROPHIC OR 5 WHILE IN MILITARY SERVICE. 6 INJURY (a) CATASTROPHIC INJURIES INCUR ILLNESS AND CATAOR DIE ILLNESSES.— 7 Paragraph (4) of section 305(a) of the Servicemembers 8 Civil Relief Act (50 U.S.C. 3955(a)), as added by section 9 545 of the National Defense Authorization Act for Fiscal 10 Year 2020 (Public Law 116–92), is amended to read as 11 follows: 12 13 ‘‘(4) CATASTROPHIC LESSEE.— 14 ‘‘(A) TERMINATION.—If the lessee on a 15 lease described in subsection (b) incurs a cata- 16 strophic injury or illness during a period of 17 military service or while performing covered 18 service, during the one-year period beginning on 19 the date on which the lessee incurs such injury 20 or illness— 21 ‘‘(i) the lessee may terminate the 22 lease; or 23 ‘‘(ii) in the case of a lessee who lacks 24 the mental capacity to contract or to man- 25 age his or her own affairs (including dis- 26 bursement of funds without limitation) due g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 INJURY OR ILLNESS OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00811 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 812 1 to such injury or illness, the spouse or de- 2 pendent of the lessee may terminate the 3 lease. 4 ‘‘(B) DEFINITIONS.—In this paragraph: 5 ‘‘(i) The term ‘catastrophic injury or 6 illness’ has the meaning given that term in 7 section 439(g) of title 37, United States 8 Code. 9 ‘‘(ii) The term ‘covered service’ means 10 full-time National Guard duty, active 11 Guard and Reserve duty, or inactive-duty 12 training (as such terms are defined in sec- 13 tion 101(d) of title 10, United States 14 Code).’’. 15 (b) DEATHS.—Paragraph (3) of such section is 16 amended by striking ‘‘The spouse of the lessee’’ and in17 serting ‘‘The spouse or dependent of the lessee’’. 18 SEC. 80012. DEFERRAL OF CERTAIN DEBTS ARISING FROM 19 BENEFITS UNDER LAWS ADMINISTERED BY 20 THE SECRETARY OF VETERANS AFFAIRS. 21 (a) IN GENERAL.—During the covered period, the 22 Secretary of Veterans Affairs may not— 23 (1) take any action to collect a covered debt (in- 24 cluding the offset of any payment by the Secretary); 25 (2) record a covered debt; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00812 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 813 1 2 (3) issue notice of a covered debt to a person or a consumer reporting agency; 3 4 (4) allow any interest to accrue on a covered debt; or 5 (5) apply any administrative fee to a covered 6 debt. 7 (b) EXCEPTION.—Notwithstanding subsection (a), 8 the Secretary may collect a payment regarding a covered 9 debt (including interest or any administrative fee) from 10 a person (or the fiduciary of that person) who elects to 11 make such a payment during the covered period. 12 (c) DEFINITIONS.—In this section: 13 (1) The term ‘‘consumer reporting agency’’ has 14 the meaning given that term in section 5701 of title 15 38, United States Code. 16 (2) The term ‘‘covered debt’’ means a debt— 17 (A) owed by a person (including a fidu- 18 ciary) to the United States; 19 (B) arising from a benefit under a covered 20 law; and 21 (C) that is not subject to recovery under— 22 (i) section 3729 of title 31, United 23 States Code; 24 (ii) section 1729 of title 38, United 25 States Code; or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00813 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 814 1 (iii) Public Law 87–693 (42 U.S.C. 2 2651). 3 (3) The term ‘‘covered law’’ means any law ad- 4 ministered by the Secretary of Veterans Affairs 5 through— 6 (A) the Under Secretary for Health; or 7 (B) the Under Secretary for Benefits. 8 (4) The term ‘‘covered period’’ means— 9 (A) the COVID–19 emergency period; and 10 (B) the 60 days immediately following the 11 date of the end of the COVID–19 emergency 12 period. 13 (5) The term ‘‘COVID–19 emergency period’’ 14 means the emergency period described in section 15 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 16 1320b-5(g)(1)(B)). 17 SEC. 80013. TOLLING OF DEADLINES RELATING TO CLAIMS 18 FOR 19 RETARY OF VETERANS AFFAIRS. 20 BENEFITS ADMINISTERED BY SEC- (a) REQUIRED TOLLING.—With respect to claims 21 and appeals made by a claimant, the covered period shall 22 be excluded in computing the following: 23 (1) In cases where an individual expresses an 24 intent to file a claim, the period in which the indi- 25 vidual is required to file the claim in order to have g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00814 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 815 1 the effective date of the claim be determined based 2 on the date of such intent, as described in section 3 3.155(b)(1) of title 38, Code of Federal Regulations. 4 (2) The period in which the claimant is re- 5 quired to take an action pursuant to section 5104C 6 of title 38, United States Code. 7 (3) The period in which the claimant is re- 8 quired to appeal a change in service-connected or 9 employability status or change in physical condition 10 described in section 5112(b)(6) of such title. 11 (4) The period in which an individual is re- 12 quired to file a notice of appeal under section 7266 13 of such title. 14 (5) Any other period in which a claimant or 15 beneficiary is required to act with respect to filing, 16 perfecting, or appealing a claim, as determined ap- 17 propriate by the Secretary of Veterans Affairs. 18 (b) USE OF POSTMARK DATES.—With respect to 19 claims filed using nonelectronic means and appeals made 20 during the covered period, the Secretary of Veterans Af21 fairs and the Court of Appeals for Veterans Claims, as 22 the case may be, shall administer the provisions of title 23 38, United States Code, as follows: 24 (1) In section 5110— 25 (A) in subsection (a)— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00815 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 816 1 (i) in paragraph (1), by substituting 2 ‘‘the earlier of the date of receipt of appli- 3 cation therefor and the date of the post- 4 mark or other official proof of mailing date 5 of the application therefor’’ for ‘‘the date 6 of receipt of application therefor’’; and 7 (ii) in paragraph (3), by substituting 8 ‘‘the earlier of the date of receipt of the 9 supplemental claim and the date of the 10 postmark or other official proof of mailing 11 date of the supplemental claim’’ for ‘‘the 12 date of receipt of the supplemental claim’’; 13 and 14 (B) in subsection (b)(2)(A), by sub- 15 stituting ‘‘the earlier of the date of receipt of 16 application and the date of the postmark or 17 other official proof of mailing date of the appli- 18 cation’’ for ‘‘the date of receipt of the applica- 19 tion’’. 20 (2) In section 7266, without regard to sub- 21 section (d). 22 (c) DEFINITIONS.—In this section: 23 (1) The term ‘‘claimant’’ has the meaning given 24 that term in section 5100 of title 38, United States 25 Code. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00816 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 817 1 (2) The term ‘‘covered period’’ means the pe- 2 riod beginning on the date of the emergency period 3 (as defined in section 1135(g)(1) of the Social Secu- 4 rity Act (42 U.S.C. 1320b-5(g)(1))) resulting from 5 the COVID–19 pandemic and ending 90 days after 6 the last day of such emergency period. 7 SEC. 80014. PROVISION OF DEPARTMENT OF VETERANS AF- 8 FAIRS HOSPITAL CARE AND MEDICAL SERV- 9 ICES TO CERTAIN VETERANS WHO ARE UN- 10 EMPLOYED OR LOST EMPLOYER-SPONSORED 11 HEALTH CARE COVERAGE BY REASON OF A 12 COVERED PUBLIC HEALTH EMERGENCY. 13 (a) IN GENERAL.—During the 12-month period be- 14 ginning on the date of the enactment of this Act, the Sec15 retary of Veterans Affairs shall consider a covered veteran 16 to be unable to defray the expenses of necessary care for 17 purposes of section 1722 of title 38, United States Code, 18 and shall furnish to such veteran hospital care and med19 ical services under chapter 17 of title 38, United States 20 Code. 21 (b) COVERED VETERAN.—For purposes of this sec- 22 tion, a covered veteran is a veteran— 23 (1) who— 24 (A) is unemployed; or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00817 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 818 1 (B) has lost access to a group health plan 2 or group health insurance coverage by reason of 3 a covered public health emergency; and 4 (2) whose projected attributable income for the 5 12-month period beginning on the date of applica- 6 tion for hospital care or medical services under this 7 section is not more than the amount in effect under 8 section 1722(b) of title 38, United States Code. 9 (c) DEFINITIONS.—In this section: 10 11 (1) The term ‘‘covered public health emergency’’ means the declaration— 12 (A) of a public health emergency, based on 13 an outbreak of COVID–19 by the Secretary of 14 Health and Human Services under section 319 15 of the Public Health Service Act (42 U.S.C. 16 247d); or 17 (B) of a domestic emergency, based on an 18 outbreak of COVID–19 by the President, the 19 Secretary of Homeland Security, or State, or 20 local authority. 21 (2) The terms ‘‘group health plan’’ and ‘‘group 22 health insurance coverage’’ have the meaning given 23 such terms in section 2701 of the Public Health 24 Service Act (42 U.S.C. 300gg-3). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00818 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 819 1 SEC. 80015. PROHIBITION ON COPAYMENTS AND COST 2 SHARING FOR VETERANS RECEIVING COVID– 3 19 TREATMENT FURNISHED BY DEPARTMENT 4 OF VETERANS AFFAIRS. 5 (a) IN GENERAL.—Section 6006(b) of the Families 6 First Coronavirus Response Act (Public Law 116–127; 38 7 U.S.C. 1701 note) is amended by striking ‘‘or visits de8 scribed in paragraph (2) of such section’’ and inserting 9 ‘‘, visits described in paragraph (2) of such section, or hos10 pital care or medical services to treat COVID–19’’. 11 (b) EFFECTIVE DATE.—The amendment made by 12 subsection (a) shall take effect as if included in the enact13 ment of the Families First Coronavirus Response Act 14 (Public Law 116–127). 15 SEC. 80016. EXPANSION OF VET CENTER SERVICES TO VET- 16 ERANS 17 FORCES WHO PERFORM CERTAIN SERVICE IN 18 RESPONSE TO COVERED PUBLIC HEALTH 19 EMERGENCY. 20 AND MEMBERS OF THE ARMED Section 1712A of title 38, United States Code, is 21 amended— 22 (1) by striking ‘‘clauses (i) through (iv)’’ both 23 places it appears and inserting ‘‘clauses (i) through 24 (v)’’; 25 26 (2) by striking ‘‘in clause (v)’’ both places it appears and inserting ‘‘in clause (vi)’’; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00819 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 820 1 (3) in subsection (a)(1)(C)— 2 (A) by redesignating clauses (iv) and (v) as 3 clauses (v) and (vi), respectively; and 4 (B) by inserting after clause (iii) the fol- 5 lowing new clause (iv): 6 ‘‘(iv) Any individual who is a veteran or mem- 7 ber of the Armed Forces (including the reserve com- 8 ponents), who, in response to a covered public health 9 emergency, performed active service or State active 10 duty for a period of at least 14 days.’’; and 11 12 (4) in subsection (h), by adding at the end the following new paragraphs: 13 14 ‘‘(4) The term ‘active service’ has the meaning given that term in section 101 of title 10. 15 16 ‘‘(5) The term ‘covered public health emergency’ means the declaration— 17 ‘‘(A) of a public health emergency, based 18 on an outbreak of COVID–19, by the Secretary 19 of Health and Human Services under section 20 319 of the Public Health Service Act (42 21 U.S.C. 247d); or 22 ‘‘(B) of a domestic emergency, based on an 23 outbreak of COVID–19, by the President, the 24 Secretary of Homeland Security, or a State or 25 local authority.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00820 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 821 2 DIVISION I—SMALL BUSINESS PROVISIONS 3 SEC. 90001. AMENDMENTS TO THE PAYCHECK PROTECTION 1 4 PROGRAM. 5 (a) EXTENSION OF COVERED PERIOD.—Section 6 7(a)(36)(A)(iii) of the Small Business Act (15 U.S.C. 7 636(a)(36)(A)(iii)) is amended by striking ‘‘June 30, 8 2020’’ and inserting ‘‘December 31, 2020’’. 9 (b) TRIBAL BUSINESS CONCERNS.—Section 10 7(a)(36)(D) of the Small Business Act (15 U.S.C. 11 636(a)(36)(D)) is amended by striking ‘‘described in sec12 tion 31(b)(2)(C)’’ each place it appears. 13 14 (c) INCLUSION THE PAYCHECK OF CRITICAL ACCESS HOSPITALS PROTECTION IN PROGRAM.—Section 15 7(a)(36)(D) of the Small Business Act (15 U.S.C. 16 636(a)(36)(D)) is amended by adding at the end the fol17 lowing new clause: 18 ‘‘(vii) INCLUSION 19 HOSPITALS.—During 20 any nonprofit organization that is a critical 21 access hospital (as defined in section 22 1861(mm) of the Social Security Act (42 23 U.S.C. 1395x(mm))) shall be eligible to re- 24 ceive a covered loan, regardless of the sta- 25 tus of such a hospital as a debtor in a case g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF CRITICAL ACCESS 12:13 May 12, 2020 Jkt 000000 the covered period, (763351 3) PO 00000 Frm 00821 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 822 1 under chapter 11 of title 11, Unites States 2 Code, or the status of any debts owed by 3 such a hospital to the Federal Govern- 4 ment.’’. 5 (d) NONPROFIT ORGANIZATIONS.—Section 7(a)(36) 6 of the Small Business Act (15 U.S.C. 636(a)(36))— 7 (1) in subparagraph (A)(vii), by striking ‘‘sec- 8 tion 501(c)(3)’’ and inserting ‘‘section 501(c)’’; and 9 (2) in subparagraph (D)— 10 (A) by striking ‘‘nonprofit organization,’’ 11 each place it appears; 12 (B) in clause (iv)— 13 (i) in subclause (II), by striking ‘‘ 14 and’’ at the end; 15 (ii) in subclause (III), by striking the 16 period at the end and inserting ‘‘; and’’; 17 and 18 (iii) by adding at the end the fol- 19 lowing new subclause: 20 ‘‘(IV) any nonprofit organiza- 21 tion.’’; and 22 (C) in clause (vi), by striking ‘‘a nonprofit 23 organization and’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00822 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 823 1 (e) APPLICATION TO CERTAIN LOCAL NEWS 2 MEDIA.—Section 7(a)(36)(D) of the Small Business Act 3 (15 U.S.C. 636(a)(36)(D)) is amended— 4 (1) in clause (iii)— 5 (A) by striking ‘‘business concern that em- 6 ploys’’ and inserting the following: ‘‘business 7 concern that— 8 ‘‘(I) employs’’; 9 (B) in subclause (I), by striking the period 10 at the end and inserting ‘‘; and’’; and 11 (C) by adding at the end the following: 12 ‘‘(II) is assigned a North American Indus- 13 try Classification System code beginning with 14 511110, 515112, or 515120 and the individual 15 physical location at the time of disbursal does 16 not exceed the size standard established by the 17 Administrator for the applicable code shall be 18 eligible to receive a covered loan for expenses 19 associated with an individual physical location 20 of that business concern to support the contin- 21 ued provision of local news, information, con- 22 tent, or emergency information, and, at the 23 time of disbursal, the individual physical loca- 24 tion.’’; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00823 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 824 1 2 (2) in clause (iv) (as amended by subsection (d))— 3 (A) in subclause (III), by striking ‘‘and’’ at 4 the end; 5 (B) in subclause (IV), by striking the pe- 6 riod at the end and inserting ‘‘; and’’; and 7 (C) by adding at the end the following: 8 ‘‘(V) an individual physical loca- 9 tion of a business concern described in 10 clause (iii)(II), if such concern shall 11 not pay, distribute, or otherwise pro- 12 vide any portion of the covered loan to 13 any other entity other than the indi- 14 vidual physical location that is the in- 15 tended recipient of the covered loan.’’; 16 and 17 18 (3) by adding at the end the following new clause: 19 ‘‘(vii) 20 REQUIREMENTS FOR NEWS BROADCAST ENTITIES.— 21 ‘‘(I) IN GENERAL.—With respect 22 to an individual physical location of a 23 business concern described in clause 24 (iii)(II), each such location shall be 25 treated g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ADDITIONAL 12:13 May 12, 2020 Jkt 000000 as an independent, non- (763351 3) PO 00000 Frm 00824 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 825 1 affiliated entity for purposes of this 2 paragraph. 3 ‘‘(II) OF 4 NEED.—Any 5 franchise or affiliate of, or owned or 6 controlled by a parent company, in- 7 vestment company, or the manage- 8 ment thereof, shall demonstrate, upon 9 request of the Administrator, the need 10 for a covered loan to support the con- 11 tinued provision of local news, infor- 12 mation, content, or emergency infor- 13 mation, and, at the time of disbursal, 14 the individual physical location. such location that is a 15 ‘‘(III) REPORT.—The Adminis- 16 trator and Secretary of the Treasury 17 shall submit to the Committee on 18 Small Business of the House of Rep- 19 resentatives, the Committee on Small 20 Business and Entrepreneurship of the 21 Senate, and the Congressional Over- 22 sight Commission established under 23 section 4020 of the CARES Act a re- 24 port including information on loans g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DEMONSTRATION 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00825 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 826 1 made to an entity described under 2 this clause.’’. 3 (f) APPLICATION 4 LIFE OF OF CERTAIN TERMS THROUGH COVERED LOAN.—Section 7(a)(36) of the Small 5 Business Act (15 U.S.C. 636(a)(36)) is amended— 6 7 (1) in subparagraph (H), by striking ‘‘During the covered period, with’’ and inserting ‘‘With’’; 8 9 (2) in subparagraph (I), by striking ‘‘During the covered period, the’’ and inserting ‘‘The’’; 10 11 (3) in subparagraph (J), by striking ‘‘During the covered period, with’’ and inserting ‘‘With’’; 12 (4) in subparagraph (M)— 13 (A) in clause (ii), by striking ‘‘During the 14 covered period, the’’ and inserting ‘‘The’’; and 15 (B) in clause (iii), by striking ‘‘During the 16 covered period, with’’ and inserting ‘‘With’’. 17 (g) LOAN MATURITY.—Section 7(a)(36)(K)(ii) of the 18 Small Business Act (15 U.S.C. 636(a)(36)(K)(ii)) is 19 amended by inserting ‘‘minimum maturity of 5 years’’ be20 fore ‘‘maximum maturity’’. 21 (h) INTEREST CALCULATION.—Section 7(a)(36)(L) 22 of the Small Business Act (15 U.S.C. 636(a)(36)(L)) is 23 amended by inserting ‘‘, calculated on a non-compounding, 24 non-adjustable basis’’ after ‘‘4 percent’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00826 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 827 1 2 (i) FUNDING PAYCHECK PROTECTION PRO- GRAM.— 3 (1) IN GENERAL.—Section 7(a)(36)(S) of the 4 Small Business Act (15 U.S.C. 636(a)(36)(S)) is 5 amended to read as follows: 6 ‘‘(S) SET ASIDE FOR CERTAIN ENTITIES.— 7 The Administrator shall provide for the cost to 8 guarantee covered loans made under this para- 9 graph— 10 ‘‘(i) a set aside of not less than 25 11 percent of each such amount for covered 12 loans made to eligible recipients with 10 or 13 fewer employees; and 14 ‘‘(ii) a set aside of 25 percent of each 15 such amount for covered loans made to 16 nonprofit organizations, of which not more 17 than 12.5 percent of each such amount set 18 aside may be used to make covered loans 19 to nonprofit organizations with 500 or 20 more employees.’’. 21 (2) SET 22 STITUTIONS.—Of 23 check Protection Program and Health Care En- 24 hancement Act (Public Law 116–139) under the 25 heading ‘‘Small Business Administration—Business g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR THE 12:13 May 12, 2020 Jkt 000000 ASIDE FOR COMMUNITY FINANCIAL IN- amounts appropriated by the Pay- (763351 3) PO 00000 Frm 00827 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 828 1 Loans Program Account, CARES Act’’ that have 2 not been obligated or expended, the lesser of 25 per- 3 cent of such amounts or $10,000,000,000 shall be 4 set aside for the cost to guarantee covered loans 5 made under section 7(a)(36) of the Small Business 6 Act (15 U.S.C. 636(a)(36)) by community financial 7 institutions (as such term is defined in subpara- 8 graph (A)(xi) of such section). 9 (3) AMOUNTS 7(a)(36) of 10 the Small Business Act (15 U.S.C. 636(a)(36)) is 11 amended by adding at the end the following new 12 subparagraph: 13 ‘‘(T) AMOUNTS RETURNED.—Any amounts 14 returned to the Secretary of the Treasury due 15 to the cancellation of a covered loan shall be 16 solely used for the cost to guarantee covered 17 loans made to eligible recipients with 10 or 18 fewer employees.’’. 19 20 (j) TREATMENT OF CERTAIN CRIMINAL VIOLA- TIONS.— 21 (1) IN GENERAL.—Section 7(a)(36) of the 22 Small Business Act (15 U.S.C. 636(a)(36)), as 23 amended by subsection (h), is further amended by 24 adding at the end the following new subparagraph: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RETURNED.—Section 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00828 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 829 1 ‘‘(U) TREATMENT 2 VIOLATIONS.— 3 ‘‘(i) FINANCIAL FRAUD OR DECEP- 4 TION.—A 5 zation, cooperative, or enterprise may not 6 receive a covered loan if an owner of 20 7 percent or more of the equity of such enti- 8 ty, during the 5-year period preceding the 9 date on which such entity applies for a cov- 10 ered loan, has been convicted of a felony of 11 financial fraud or deception under Federal, 12 State, or Tribal law. 13 entity that is a business, organi- ‘‘(ii) ARRESTS OR CONVICTIONS.—An 14 entity that is a business, organization, co- 15 operative, or enterprise shall be an eligible 16 recipient notwithstanding a prior arrest or 17 conviction under Federal, State, or Tribal 18 law of an owner of 20 percent or more of 19 the equity of such entity, unless such 20 owner is currently incarcerated. 21 ‘‘(iii) WAIVER.—The Administrator 22 may waive the requirements of clause (i).’’. 23 (2) RULEMAKING.—Not later than 15 days 24 after the date of enactment of this Act, the Adminis- 25 trator of the Small Business Administration shall g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF CERTAIN CRIMINAL 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00829 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 830 1 make necessary revisions to any rules to carry out 2 the amendment made by this subsection. 3 (k) TECHNICAL ASSISTANCE 4 NANCIAL FOR COMMUNITY FI- INSTITUTIONS.—Section 7(a)(36) of the Small 5 Business Act (15 U.S.C. 636(a)(36)), as amended by sub6 section (i), is further amended by adding at the end the 7 following new subparagraph: 8 ‘‘(V) TECHNICAL 9 ASSISTANCE FOR COMMU- NITY FINANCIAL INSTITUTIONS.—Of amounts 10 appropriated to carry out this paragraph, the 11 Secretary of the Treasury, in consultation with 12 the Administrator, shall use $1,000,000,000 of 13 such amounts to provide grants to community 14 financial institutions, insured depository institu- 15 tions with consolidated assets of less than 16 $10,000,000,000, and credit unions with con- 17 solidated assets of less than $10,000,000,000, 18 to ensure such institutions can update their sys- 19 tems (including updates related to compliance 20 with the Bank Secrecy Act) and efficiently pro- 21 vide loans that are guaranteed under this para- 22 graph.’’. 23 (l) TECHNICAL AMENDMENT.—Section 7(a)(36)(G) 24 of the Small Business Act (15 U.S.C. 636(a)(36)) is 25 amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00830 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 831 1 (1) in the subparagraph heading, by striking 2 ‘‘BORROWER 3 through ‘‘eligible recipient applying’’ and inserting 4 ‘‘BORROWER 5 eligible recipient applying’’; and 6 and all that follows CERTIFICATION REQUIREMENTS.—An (2) by redesignating subclauses (I) through 7 8 REQUIREMENTS’’ (IV) as clauses (i) through (iv), respectively. SEC. 90002. COMMITMENTS FOR PAYCHECK PROTECTION 9 10 PROGRAM. Section 1102(b) of the CARES Act (Public Law 116– 11 136) is amended by striking ‘‘June 30, 2020’’ and all that 12 follows through the period at the end and inserting ‘‘De13 cember 31, 2020, the amount authorized for commitments 14 for loans made under paragraph (36) of section 7(a) of 15 the Small Business Act, as added by subsection (a), shall 16 be $659,000,000,000. The amount authorized under this 17 section for commitments for loans made under section 18 7(a)(36) of the Small Business Act shall be in addition 19 to the amount authorized under the heading ‘Small Busi20 ness Administration—Business Loans Program Account’ 21 in the Financial Services and General Government Appro22 priations Act, 2020 (division C of Public Law 116–93) 23 for commitments for general business loans made under 24 section 7(a) of the Small Business Act.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00831 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 832 1 SEC. 90003. INCLUSION OF SCORE AND VETERAN BUSINESS 2 OUTREACH CENTERS IN ENTREPRENEURIAL 3 DEVELOPMENT PROGRAMS. 4 (a) IN GENERAL.—Section 1103(a)(2) of the CARES 5 Act (Public Law 116–136) is amended— 6 7 (1) in subparagraph (A), by striking ‘‘and’’ at the end; 8 9 (2) by adding at the end the following new subparagraphs: 10 ‘‘(C) a Veteran Business Outreach Center 11 (as described under section 32(d) of the Small 12 Business Act); and 13 ‘‘(D) the Service Corps of Retired Execu- 14 tives Association, or any successor or other or- 15 ganization, that receives a grant from the Ad- 16 ministrator to operate the SCORE program es- 17 tablished under section 8(b)(2)(A) of the Small 18 Business Act;’’. 19 (b) FUNDING.—Section 1107(a)(4) of the CARES 20 Act (Public Law 116–136) is amended— 21 (1) in subparagraph (A)— 22 (A) by striking ‘‘$240,000,000’’ and in- 23 serting ‘‘$220,000,000’’; 24 (B) by striking ‘‘and’’ at the end; and 25 (2) by adding at the end the following new sub- 26 paragraphs: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00832 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 833 1 ‘‘(C) $10,000,000 shall be for a Veteran 2 Business Outreach Center described in section 3 1103(a)(2)(C) of this Act to carry out activities 4 under such section; and 5 ‘‘(D) $10,000,000 shall be for the Service 6 Corps of Retired Executives Association de- 7 scribed in section 1103(a)(2)(D) of this Act to 8 carry out activities under such section;’’. 9 SEC. 90004. AMENDMENTS TO PAYCHECK PROTECTION 10 11 PROGRAM LOAN FORGIVENESS. (a) COVERED PERIOD.— 12 (1) IN 1106(a)(3) of the 13 CARES Act (Public Law 116–136) is amended to 14 read as follows: 15 ‘‘(3) the term ‘covered period’ means the period 16 beginning on the date of the origination of a covered 17 loan and ending on the earlier of— 18 ‘‘(A) the date that is 24 weeks after such 19 date of origination; or 20 ‘‘(B) December 31, 2020;’’. 21 (2) EXEMPTION FOR REHIRES.—Section 22 1106(d)(5)(B) of such Act is amended by striking 23 ‘‘June 30, 2020’’ each place it appears and inserting 24 ‘‘December 31, 2020’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Section 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00833 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 834 1 (b) DEFINITION OF EXPECTED FORGIVENESS 2 AMOUNT.— 3 (1) DEFINITION 4 AMOUNT.—Section 5 (Public Law 116–136) is amended— 6 1106(a)(7) of the CARES Act (A) in subparagraph (C), by striking 7 ‘‘and’’ at the end; 8 (B) in subparagraph (D), by striking 9 ‘‘and’’ at the end; and 10 (C) by adding at the end the following new 11 subparagraphs: 12 ‘‘(E) interest on any other debt obligations 13 that were incurred before the covered period; 14 and 15 ‘‘(F) any amount that was a loan made 16 under subsection (b)(2) that was refinanced as 17 part of a covered loan and authorized by section 18 7(a)(36)(F)(iv) of the Small Business Act; 19 and’’. 20 (2) FORGIVENESS.—Section 1106(b) of the 21 CARES Act (Public Law 116–136) is amended by 22 adding at the end the following new paragraphs: 23 ‘‘(5) Any payment of interest on any other debt 24 obligations that were incurred before the covered pe- 25 riod. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF EXPECTED FORGIVENESS 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00834 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 835 1 ‘‘(6) Any amount that was a loan made under 2 section 7(b)(2) of the Small Business Act that was 3 refinanced as part of a covered loan and authorized 4 by section 7(a)(36)(F)(iv) of such Act.’’. 5 (3) CONFORMING 1106 6 of the CARES Act (Public Law 116–136) is amend- 7 ed— 8 (A) in subsection (e)— 9 (i) in paragraph (2), by striking ‘‘pay- 10 ments on covered mortgage obligations, 11 payments on covered lease obligations, and 12 covered utility payments’’ and inserting 13 ‘‘payments or amounts refinanced de- 14 scribed under subsection (b) (other than 15 payroll costs)’’; 16 (ii) in paragraph (3)(B), by striking 17 ‘‘, make interest payments’’ and all that 18 follows through ‘‘or make covered utility 19 payments’’ and inserting ‘‘, make pay- 20 ments described under subsection (b), or 21 that was refinanced as part of a covered 22 loan 23 7(a)(36)(F)(iv) of the Small Business 24 Act’’; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AMENDMENTS.—Section 12:13 May 12, 2020 Jkt 000000 and authorized by section (763351 3) PO 00000 Frm 00835 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 836 1 (B) in subsection (h), by striking ‘‘pay- 2 ments for payroll costs, payments on covered 3 mortgage obligations, payments on covered 4 lease obligations, or covered utility payments’’ 5 each place it appears and inserting ‘‘payments 6 or amounts refinanced described under sub- 7 section (b)’’. 8 (c) APPLICATION REQUIREMENTS FOR PAYCHECK 9 PROTECTION PROGRAM LOAN FORGIVENESS.—Section 10 1106(e) of the CARES Act (Public Law 116–136) is 11 amended— 12 13 (1) in paragraph (3)(B), by striking ‘‘and’’ at the end; 14 15 (2) by redesignating paragraph (4) as paragraph (6); and 16 17 (3) by inserting after paragraph (3) the following new paragraphs: 18 ‘‘(4) information on the veteran status, gender, 19 race, and ethnicity, as reported on Form 1919 of the 20 Administration or any similar loan application form 21 of the Administration, of the eligible recipient; 22 23 ‘‘(5) the number of full-time equivalent employees of the eligible recipient— 24 ‘‘(A) on February 15, 2020; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00836 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 837 1 ‘‘(B) on the day the eligible recipient sub- 2 mitted an application for a covered loan; and 3 ‘‘(C) on the day the eligible recipient sub- 4 mitted an application for forgiveness of a cov- 5 ered loan under this section; and’’. 6 (d) HOLD HARMLESS FOR ELIGIBLE RECIPIENTS.— 7 Section 1106(d) of the CARES Act (Public Law 116–136) 8 is amended by adding at the end the following new para9 graph: 10 ‘‘(7) EXEMPTION BASED ON EMPLOYEE AVAIL- 11 ABILITY.—During 12 15, 2020 and ending on December 31, 2020, the 13 amount of loan forgiveness under this section shall 14 be determined without regard to a reduction in the 15 number of full-time equivalent employees if an eligi- 16 ble recipient— the period beginning on February 17 ‘‘(A) is unable rehire an individual who 18 was an employee of the eligible recipient on or 19 before February 15, 2020; or 20 ‘‘(B) is able to demonstrate an inability to 21 find similarly qualified employees on or before 22 December 31, 2020.’’. 23 (e) PROHIBITION ON LIMITING FORGIVENESS.—Sec- 24 tion 1106(d) of the CARES Act (Public Law 116–136), g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00837 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 838 1 as amended by subsection (c), is further amended by add2 ing at the end the following new paragraph: 3 ‘‘(8) NO LIMITATIONS.—In carrying out this 4 section, the Administrator may not limit the non- 5 payroll 6 amount.’’. 7 (f) HOLD HARMLESS.—Section 1106(h) of the portion of a forgivable covered loan 8 CARES Act (Public Law 116–136), is amended by strik9 ing ‘‘If a lender’’ and all that follows through ‘‘during cov10 ered period’’ inserting the following: ‘‘If a lender has re11 ceived any documentation required under this Act related 12 to payments made by an eligible recipient attesting that 13 the eligible recipient has accurately verified such pay14 ments’’. 15 SEC. 90005. IMPROVED COORDINATION BETWEEN PAY- 16 CHECK 17 PLOYEE RETENTION TAX CREDIT. 18 19 PROTECTION (a) AMENDMENT GRAM.—Section TO PROGRAM AND EM- PAYCHECK PROTECTION PRO- 1106(a)(8) of the Cares Act is amended 20 by inserting ‘‘, except that such costs shall not include 21 qualified wages taken into account in determining the 22 credit allowed under section 2301 of this Act’’ before the 23 period at the end. 24 (b) AMENDMENTS TO EMPLOYEE RETENTION TAX 25 CREDIT.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00838 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 839 1 (1) IN GENERAL.—Section 2301(g) of the 2 CARES Act is amended to read as follows: 3 ‘‘(g) ELECTION TO NOT TAKE CERTAIN WAGES INTO 4 ACCOUNT.— 5 ‘‘(1) IN section shall not apply 6 to qualified wages paid by an eligible employer with 7 respect to which such employer makes an election 8 (at such time and in such manner as the Secretary 9 may prescribe) to have this section not apply to such 10 wages. 11 ‘‘(2) COORDINATION WITH PAYCHECK PROTEC- 12 TION 13 with the Administrator of the Small Business Ad- 14 ministration, shall issue guidance providing that 15 payroll costs paid or incurred during the covered pe- 16 riod shall not fail to be treated as qualified wages 17 under this section by reason of an election under 18 paragraph (1) to the extent that a covered loan of 19 the eligible employer is not forgiven by reason of a 20 decision under section 1106(g). Terms used in the 21 preceding sentence which are also used in section 22 1106 shall have the same meaning as when used in 23 such section.’’. 24 12:13 May 12, 2020 PROGRAM.—The (2) CONFORMING g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—This Jkt 000000 Secretary, in consultation AMENDMENTS.— (763351 3) PO 00000 Frm 00839 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 840 1 (A) Section 2301 of the CARES Act is 2 amended by striking subsection (j). 3 (B) Section 2301(l) of the CARES Act is 4 amended by striking paragraph (3) and by re- 5 designating paragraphs (4) and (5) as para- 6 graphs (3) and (4), respectively. 7 (c) EFFECTIVE DATE.—The amendments made by 8 this section shall take effect as if included in the provisions 9 of the CARES Act to which they relate. 10 SEC. 90006. TAXABILITY OF SUBSIDY FOR CERTAIN LOAN 11 PAYMENTS. 12 Section 1112 of the CARES Act (Public Law 116– 13 136) is amended by inserting at the end the following new 14 subsection: 15 ‘‘(g) TAXABILITY.—For purposes of the Internal 16 Revenue Code of 1986, any payment under this section 17 shall not be included in the gross income of the taxpayer 18 on whose behalf such payment is made.’’. 19 SEC. 90007. PROHIBITING CONFLICTS OF INTEREST FOR 20 SMALL BUSINESS PROGRAMS UNDER THE 21 CARES ACT. 22 Section 4019 of the CARES Act (Public Law 116– 23 136) is amended— 24 25 (1) in subsection (a), by adding at the end the following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00840 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 841 1 ‘‘(7) SMALL term 2 ‘small business assistance’ means assistance pro- 3 vided under— 4 ‘‘(A) paragraph (36) of section 7(a) of the 5 Small Business Act (15 U.S.C. 636(a)), as 6 added by section 1102 of this Act; 7 ‘‘(B) subsection (b) or (c) of section 1103 8 of this Act; 9 ‘‘(C) section 1110 of this Act; or 10 ‘‘(D) section 1112 of this Act.’’; 11 (2) in subsection (b)— 12 (A) by inserting ‘‘or provisions relating to 13 small business assistance’’ after ‘‘this subtitle’’; 14 and 15 (B) by inserting ‘‘or for any small business 16 assistance’’ before the period at the end; and 17 (3) in subsection (c)— 18 (A) by inserting ‘‘or seeking any small 19 business assistance’’ after ‘‘4003’’; 20 (B) by inserting ‘‘or small business assist- 21 ance’’ after ‘‘that transaction’’; 22 (C) by inserting ‘‘or the Administrator of 23 the Small Business Administration, as applica- 24 ble,’’ after ‘‘System’’; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BUSINESS ASSISTANCE.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00841 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 842 1 (D) by inserting ‘‘or receive the small busi- 2 3 ness assistance’’ after ‘‘in that transaction’’. SEC. 90008. FLEXIBILITY IN DEFERRAL OF PAYMENTS OF 4 5 7(A) LOANS. Section 7(a)(7) of the Small Business Act (15 U.S.C. 6 636(a)(7)) is amended— 7 8 (1) by striking ‘‘The Administration’’ and inserting ‘‘(A) IN 9 10 cipal’’; and (3) by adding at the end the following new subparagraphs: 13 ‘‘(B) DEFERRAL REQUIREMENTS.—With re- 14 spect to a deferral provided under this paragraph, 15 the Administrator— 16 ‘‘(i) shall require lenders under this sub- 17 section to provide full payment deferment relief 18 (including payment of principal and interest) 19 for a period of not less than 1 year; and 20 ‘‘(ii) may allow lenders under this sub- 21 section provide an additional deferment period 22 if the borrower provides documentation justi- 23 fying such additional deferment. 24 ‘‘(C) SECONDARY 25 12:13 May 12, 2020 MARKET.—If an investor de- clines to approve a deferral or additional deferment g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 Administrator’’; (2) by inserting ‘‘and interest’’ after ‘‘prin- 11 12 GENERAL.—The Jkt 000000 (763351 3) PO 00000 Frm 00842 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 843 1 requested by a lender under subparagraph (B), the 2 Administrator shall exercise the authority to pur- 3 chase the loan so that the borrower may receive full 4 payment deferment relief (including payment of 5 principal and interest) or an additional deferment as 6 described under subparagraph (B).’’. 7 SEC. 90009. CERTAIN CRIMINAL VIOLATIONS AND DIS- 8 ASTER LOAN APPLICATIONS. 9 (a) IN GENERAL.—The flush matter following sub- 10 paragraph (E) of section 7(b)(2) of the Small Business 11 Act (15 U.S.C. 636(b)(2)) is amended by striking the pe12 riod at the end and inserting the following: ‘‘: Provided 13 further, That any application for a loan or guarantee made 14 pursuant to this paragraph (2) shall include a statement 15 that an applicant is not ineligible for assistance under this 16 paragraph solely because of the applicant’s involvement in 17 the criminal justice system.’’ 18 (b) RULEMAKING.—Not later than 15 days after the 19 date of enactment of this Act, the Administrator of the 20 Small Business Administration shall make necessary revi21 sions to any rules to carry out the amendment made by 22 this section. 23 SEC. 90010. TEMPORARY FEE REDUCTIONS. 24 (a) ADMINISTRATIVE FEE WAIVER.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00843 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 844 1 (1) IN the period beginning 2 on the date of enactment of this Act and ending on 3 September 30, 2021, and to the extent that the cost 4 of such elimination or reduction of fees is offset by 5 appropriations, with respect to each loan guaranteed 6 under section 7(a) of the Small Business Act (15 7 U.S.C. 636(a)) (including a recipient of assistance 8 under the Community Advantage Pilot Program of 9 the Administration) for which an application is ap- 10 proved or pending approval on or after the date of 11 enactment of this Act, the Administrator shall— 12 (A) in lieu of the fee otherwise applicable 13 under section 7(a)(23)(A) of the Small Busi- 14 ness Act (15 U.S.C. 636(a)(23)(A)), collect no 15 fee or reduce fees to the maximum extent pos- 16 sible; and 17 (B) in lieu of the fee otherwise applicable 18 under section 7(a)(18)(A) of the Small Busi- 19 ness Act (15 U.S.C. 636(a)(18)(A)), collect no 20 fee or reduce fees to the maximum extent pos- 21 sible. 22 (2) APPLICATION OF FEE ELIMINATIONS OR RE- 23 DUCTIONS.—To 24 available to the Administrator for the purpose of fee g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—During 12:13 May 12, 2020 Jkt 000000 the extent that amounts are made (763351 3) PO 00000 Frm 00844 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 845 1 eliminations or reductions under paragraph (1), the 2 Administrator shall— 3 (A) first use any amounts provided to 4 eliminate or reduce fees paid by small business 5 borrowers under clauses (i) through (iii) of sec- 6 tion 7(a)(18)(A) of the Small Business Act (15 7 U.S.C. 636(a)(18)(A)), to the maximum extent 8 possible; and 9 (B) then use any amounts provided to 10 eliminate or reduce fees under 7(a)(23)(A) of 11 the 12 636(a)(23)(A)). 13 Small Business Act (c) TEMPORARY FEE ELIMINATION (15 U.S.C. FOR THE 504 14 LOAN PROGRAM.— 15 (1) IN the period beginning 16 on the date of enactment of this section and ending 17 on September 30, 2021, and to the extent the cost 18 of such elimination in fees is offset by appropria- 19 tions, with respect to each project or loan guaran- 20 teed by the Administrator pursuant to title V of the 21 Small Business Investment Act of 1958 (15 U.S.C. 22 695 et seq.) for which an application is approved or 23 pending approval on or after the date of enactment 24 of this section— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—During 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00845 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 846 1 (A) the Administrator shall, in lieu of the 2 fee otherwise applicable under section 503(d)(2) 3 of the Small Business Investment Act of 1958 4 (15 U.S.C. 697(d)(2)), collect no fee; and 5 (B) a development company shall, in lieu 6 of 7 120.971(a)(1) of title 13, Code of Federal Reg- 8 ulations (relating to fees paid by borrowers), or 9 any successor thereto, collect no fee. 10 processing (2) REIMBURSEMENT 11 (A) IN fee under section FOR WAIVED FEES.— GENERAL.—To the extent that the 12 cost of such payments is offset by appropria- 13 tions, the Administrator shall reimburse each 14 development company that does not collect a 15 processing fee pursuant to paragraph (1)(B). 16 (B) AMOUNT.—The payment to a develop- 17 ment company under subparagraph (A) shall be 18 in an amount equal to 1.5 percent of the net 19 debenture proceeds for which the development 20 company does not collect a processing fee pur- 21 suant to paragraph (1)(B). 22 SEC. 90011. GUARANTEE AMOUNTS. 23 (a) 7(a) LOAN GUARANTEES.— 24 25 (1) IN 12:13 May 12, 2020 GENERAL.—Section 7(a)(2)(A) of the Small Business Act (15 U.S.C. 636(a)(2)(A)) is g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 the Jkt 000000 (763351 3) PO 00000 Frm 00846 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 847 1 amended by striking ‘‘), such participation by the 2 Administration shall be equal to’’ and all that fol- 3 lows through the period at the end and inserting ‘‘or 4 the Community Advantage Pilot Program of the Ad- 5 ministration), such participation by the Administra- 6 tion shall be equal to 90 percent of the balance of 7 the financing outstanding at the time of disburse- 8 ment of the loan.’’. 9 (2) TERMINATION.—Effective September 30, 10 2021, section 7(a)(2)(A) of the Small Business Act 11 (15 U.S.C. 636(a)(2)(A)), as amended by paragraph 12 (1), is amended to read as follows: 13 ‘‘(A) IN as provided in 14 subparagraphs (B), (D), (E), and (F), in an 15 agreement to participate in a loan on a deferred 16 basis under this subsection (including a loan 17 made under the Preferred Lenders Program), 18 such participation by the Administration shall 19 be equal to— 20 ‘‘(i) 75 percent of the balance of the 21 financing outstanding at the time of dis- 22 bursement of the loan, if such balance ex- 23 ceeds $150,000; or 24 ‘‘(ii) 85 percent of the balance of the 25 financing outstanding at the time of dis- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Except 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00847 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 848 1 bursement of the loan, if such balance is 2 less than or equal to $150,000.’’. 3 (b) EXPRESS LOAN GUARANTEE AMOUNTS.— 4 (1) TEMPORARY MODIFICATION.—Section 5 7(a)(31)(A)(iv) of the Small Business Act (15 6 U.S.C. 636(a)(31)(A)(iv)) is amended by striking 7 ‘‘with a guaranty rate of not more than 50 percent.’’ 8 and inserting the following: ‘‘with a guarantee 9 rate— 10 ‘‘(I) for a loan in an amount less 11 than or equal to $350,000, of not 12 more than 90 percent; and 13 ‘‘(II) for a loan in an amount 14 greater than $350,000, of not more 15 than 75 percent.’’. 16 (2) PROSPECTIVE REPEAL.—Effective January 17 1, 2021, section 7(a)(31)(A)(iv) of the Small Busi- 18 ness Act (15 U.S.C. 636(a)(31)), as amended by 19 paragraph (1), is amended by striking ‘‘guarantee 20 rate’’ and all that follows through the period at the 21 end and inserting ‘‘guarantee rate of not more than 22 50 percent.’’. 23 SEC. 90012. MAXIMUM LOAN AMOUNT FOR 7(a) LOANS. 24 During the period beginning on the date of enactment 25 of this section and ending on September 30, 2021, with g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00848 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 849 1 respect to any loan guaranteed under section 7(a) of the 2 Small Business Act (15 U.S.C. 636(a)) for which an appli3 cation is approved or pending approval on or after the date 4 of enactment of this section, the maximum loan amount 5 shall be $10,000,000. 6 SEC. 90013. MAXIMUM LOAN AMOUNT FOR 504 LOANS. 7 (a) TEMPORARY INCREASE.—During the period be- 8 ginning on the date of enactment of this section and end9 ing on September 30, 2021, with respect to each project 10 or loan guaranteed by the Administrator pursuant to title 11 V of the Small Business Investment Act of 1958 (15 12 U.S.C. 695 et seq.) for which an application is approved 13 or pending approval on or after the date of enactment of 14 this section, the maximum loan amount shall be 15 $10,000,000. 16 17 (b) PERMANENT INCREASE TURERS.—Effective on FOR October SMALL MANUFAC1, 2021, section 18 502(2)(A)(iii) of the Small Business Investment Act of 19 1958 (15 U.S.C. 696(2)(A)(iii)) is amended by striking 20 ‘‘$5,500,000’’ and inserting ‘‘$10,000,000’’. 21 (c) LOW-INTEREST REFINANCING UNDER THE 22 LOCAL DEVELOPMENT BUSINESS LOAN PROGRAM.— 23 (1) REPEAL.—Section 521(a) of division E of 24 the Consolidated Appropriations Act, 2016 (Public g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00849 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 850 1 Law 114–113; 129 Stat. 2463; 15 U.S.C. 696 note) 2 is repealed. 3 (2) REFINANCING.—Section 502(7) of the 4 Small Business Investment Act of 1958 (15 U.S.C. 5 696(7)) is amended by adding at the end the fol- 6 lowing new subparagraph: 7 ‘‘(C) REFINANCING 8 PANSIONS.— 9 ‘‘(i) DEFINITIONS.—In this subpara- 10 graph— 11 ‘‘(I) the term ‘borrower’ means a 12 small business concern that submits 13 an application to a development com- 14 pany for financing under this sub- 15 paragraph; 16 ‘‘(II) the term ‘eligible fixed 17 asset’ means tangible property relat- 18 ing to which the Administrator may 19 provide financing under this section; 20 and 21 ‘‘(III) the term ‘qualified debt’ 22 means indebtedness that— 23 ‘‘(aa) was incurred not less 24 than 6 months before the date of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 NOT INVOLVING EX- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00850 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 851 1 the application for assistance 2 under this subparagraph; 3 ‘‘(bb) is a commercial loan; 4 ‘‘(cc) the proceeds of which 5 were used to acquire an eligible 6 fixed asset; 7 ‘‘(dd) was incurred for the 8 benefit of the small business con- 9 cern; and 10 ‘‘(ee) is collateralized by eli- 11 gible fixed assets; and 12 ‘‘(ii) AUTHORITY.—A project that 13 does not involve the expansion of a small 14 business concern may include the refi- 15 nancing of qualified debt if— 16 ‘‘(I) the amount of the financing 17 is not more than 90 percent of the 18 value of the collateral for the financ- 19 ing, except that, if the appraised value 20 of the eligible fixed assets serving as 21 collateral for the financing is less than 22 the amount equal to 125 percent of 23 the amount of the financing, the bor- 24 rower may provide additional cash or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00851 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 852 1 other collateral to eliminate any defi- 2 ciency; 3 ‘‘(II) the borrower has been in 4 operation for all of the 2-year period 5 ending on the date the loan applica- 6 tion is submitted; and 7 ‘‘(III) for a financing for which 8 the Administrator determines there 9 will be an additional cost attributable 10 to the refinancing of the qualified 11 debt, the borrower agrees to pay a fee 12 in an amount equal to the anticipated 13 additional cost. 14 ‘‘(iii) FINANCING 15 PENSES.— 16 ‘‘(I) FINANCING FOR BUSINESS 17 EXPENSES.—The 18 provide financing to a borrower that 19 receives financing that includes a refi- 20 nancing of qualified debt under clause 21 (ii), in addition to the refinancing 22 under clause (ii), to be used solely for 23 the payment of business expenses. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR BUSINESS EX- 12:13 May 12, 2020 Jkt 000000 Administrator may (763351 3) PO 00000 Frm 00852 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 853 1 ‘‘(II) APPLICATION 2 ING.— 3 under subclause (I) shall include— An application for financing 4 ‘‘(aa) a specific description 5 of the expenses for which the ad- 6 ditional financing is requested; 7 and 8 ‘‘(bb) an itemization of the 9 amount of each expense. 10 ‘‘(III) CONDITION ON ADDI- 11 TIONAL FINANCING.—A 12 not use any part of the financing 13 under this clause for non-business 14 purposes. 15 ‘‘(iv) LOANS 16 borrower may BASED ON JOBS.— ‘‘(I) JOB CREATION AND RETEN- 17 TION GOALS.— 18 ‘‘(aa) IN GENERAL.—The 19 Administrator may provide fi- 20 nancing under this subparagraph 21 for a borrower that meets the job 22 creation goals under subsection 23 (d) or (e) of section 501. 24 ‘‘(bb) ALTERNATE 25 TENTION g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR FINANC- 12:13 May 12, 2020 Jkt 000000 GOAL.—The JOB RE- Adminis- (763351 3) PO 00000 Frm 00853 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 854 1 trator 2 under this subparagraph to a 3 borrower that does not meet the 4 goals described in item (aa) in an 5 amount that is not more than the 6 product obtained by multiplying 7 the number of employees of the 8 borrower by $75,000. 9 ‘‘(II) NUMBER provide financing OF EMPLOYEES.— 10 For purposes of subclause (I), the 11 number of employees of a borrower is 12 equal to the sum of— 13 ‘‘(aa) the number of full- 14 time employees of the borrower 15 on the date on which the bor- 16 rower applies for a loan under 17 this subparagraph; and 18 ‘‘(bb) the product obtained 19 by multiplying— 20 ‘‘(AA) the number of 21 part-time employees of the 22 borrower on the date on 23 which the borrower applies 24 for a loan under this sub- 25 paragraph, by g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 may 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00854 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 855 1 ‘‘(BB) the quotient ob- 2 tained by dividing the aver- 3 age number of hours each 4 part time employee of the 5 borrower works each week 6 by 40. 7 ‘‘(vi) TOTAL AMOUNT OF LOANS.— 8 The Administrator may provide not more 9 than a total of $7,500,000,000 of financ- 10 ing under this subparagraph for each fiscal 11 year.’’. 12 (d) REFINANCING SENIOR PROJECT DEBT.—During 13 the 1-year period beginning after the date of the enact14 ment of this Act, a development company described under 15 title V of the Small Business Investment Act of 1958 (15 16 U.S.C. 695 et seq.) is authorized to allow the refinancing 17 of a senior loan on an existing project in an amount that, 18 when combined with the outstanding balance on the devel19 opment company loan, is not more than 90 percent of the 20 total value of the senior loan. Proceeds of such refinancing 21 can be used to support business operating expenses of 22 such development company. 23 SEC. 90014. 24 25 12:13 May 12, 2020 ASSISTANCE UNDER THE MICROLOAN PROGRAM. (a) LOANS TO INTERMEDIARIES.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RECOVERY Jkt 000000 (763351 3) PO 00000 Frm 00855 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 856 1 2 (1) IN 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended— 3 (A) in paragraph (3)(C)— 4 (i) by striking ‘‘and $6,000,000’’ and 5 inserting ‘‘$10,000,000, in the aggre- 6 gate,’’; and 7 (ii) by inserting before the period at 8 the end the following: ‘‘, and $4,500,000 in 9 any of those remaining years’’; 10 (B) in paragraph (4)— 11 (i) in subparagraph (A), by striking 12 ‘‘subparagraph (C)’’ each place that term 13 appears and inserting ‘‘subparagraphs (C) 14 and (G)’’; 15 (ii) in subparagraph (C), by amending 16 clause (i) to read as follows: 17 ‘‘(i) IN GENERAL.—In addition to 18 grants made under subparagraph (A) or 19 (G), each intermediary shall be eligible to 20 receive a grant equal to 5 percent of the 21 total outstanding balance of loans made to 22 the intermediary under this subsection if— 23 ‘‘(I) the intermediary provides 24 not less than 25 percent of its loans 25 to small business concerns located in g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Section 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00856 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 857 1 or owned by one or more residents of 2 an economically distressed area; or 3 ‘‘(II) the intermediary has a 4 portfolio of loans made under this 5 subsection— 6 ‘‘(aa) averages not 7 more than $10,000 during the 8 period of the intermediary’s par- 9 ticipation in the program; or 10 ‘‘(bb) of which not less than 11 25 percent is serving rural areas 12 during 13 intermediary’s 14 the program.’’; and 15 the period of participation the in (iii) by adding at the end the fol- 16 lowing: 17 ‘‘(G) GRANT AMOUNTS BASED ON APPRO- 18 PRIATIONS.—In 19 amount appropriated to make grants under 20 subparagraph (A) is sufficient to provide to 21 each intermediary that receives a loan under 22 paragraph (1)(B)(i) a grant of not less than 25 23 percent of the total outstanding balance of 24 loans made to the intermediary under this sub- 25 section, the Administration shall make a grant g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 that 12:13 May 12, 2020 Jkt 000000 any fiscal year in which the (763351 3) PO 00000 Frm 00857 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 858 1 under subparagraph (A) to each intermediary 2 of not less than 25 percent and not more than 3 30 percent of that total outstanding balance for 4 the intermediary.’’; and 5 (C) by striking paragraph (7) and insert- 6 ing the following: 7 ‘‘(7) PROGRAM FUNDING FOR MICROLOANS.— 8 Under the program authorized by this subsection, 9 the Administration may fund, on a competitive basis, 10 not more than 300 intermediaries.’’. 11 (2) PROSPECTIVE AMENDMENT.—Effective on 12 October 1, 2021, section 7(m)(3)(C) of the Small 13 Business Act (15 U.S.C. 636(m)(3)(C)), as amended 14 by paragraph (1)(A), is further amended— 15 (A) by striking ‘‘$10,000,000’’ and by in- 16 serting ‘‘$7,000,000’’; and 17 (B) by striking ‘‘$4,500,000’’ and insert- 18 ing ‘‘$3,000,000’’. 19 (b) TEMPORARY WAIVER 20 ANCE 21 BILITY ON OF TECHNICAL ASSIST- GRANTS MATCHING REQUIREMENTS PRE- AND AND FLEXI- POST-LOAN ASSISTANCE.—During 22 the period beginning on the date of enactment of this sec23 tion and ending on September 30, 2021, the Administra24 tion shall waive— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00858 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 859 1 (1) the requirement to contribute non-Federal 2 funds under section 7(m)(4)(B) of the Small Busi- 3 ness Act (15 U.S.C. 636(m)(4)(B)); and 4 (2) the limitation on amounts allowed to be ex- 5 pended to provide information and technical assist- 6 ance under clause (i) of section 7(m)(4)(E) of the 7 Small Business Act (15 U.S.C. 636(m)(4)(E)) and 8 enter into third-party contracts to provide technical 9 assistance clause (ii) 10 7(m)(4)(E). 11 (c) TEMPORARY DURATION 12 of OF such LOANS TO section BOR- ROWERS.— 13 (1) IN GENERAL.—During the period beginning 14 on the date of enactment of this section and ending 15 on September 30, 2021, the duration of a loan made 16 by an eligible intermediary under section 7(m) of the 17 Small Business Act (15 U.S.C. 636(m))— 18 (A) to an existing borrower may be ex- 19 tended to not more than 8 years; and 20 (B) to a new borrower may be not more 21 than 8 years. 22 (2) REVERSION.—On and after October 1, 23 2021, the duration of a loan made by an eligible 24 intermediary to a borrower under section 7(m) of 25 the Small Business Act (15 U.S.C. 636(m)) shall be g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 under 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00859 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 860 1 7 years or such other amount established by the Ad- 2 ministrator. 3 (d) FUNDING.—Section 20 of the Small Business Act 4 (15 U.S.C. 631 note) is amended by adding at the end 5 the following: 6 ‘‘(h) MICROLOAN PROGRAM.—For each of fiscal 7 years 2021 through 2025, the Administration is author8 ized to make— 9 10 ‘‘(1) $80,000,000 in technical assistance grants, as provided in section 7(m); and 11 ‘‘(2) $110,000,000 in direct loans, as provided 12 in section 7(m).’’. 13 (e) AUTHORIZATION OF APPROPRIATIONS.—In addi- 14 tion to amounts provided under the Consolidated Appro15 priations Act, 2020 (Public Law 116–93) for the program 16 established under section 7(m) of the Small Business Act 17 (15 U.S.C. 636(m)), there is authorized to be appro18 priated for fiscal year 2020, to remain available until ex19 pended— 20 21 (1) $50,000,000 to provide technical assistance grants under such section 7(m); and 22 23 (2) $7,000,000 to provide direct loans under such section 7(m). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00860 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 861 1 SEC. 90015. CYBERSECURITY AWARENESS REPORTING. 2 Section 10 of the Small Business Act (15 U.S.C. 639) 3 is amended by inserting after subsection (a) the following: 4 ‘‘(b) CYBERSECURITY REPORTS.— 5 ‘‘(1) ANNUAL later than 180 6 days after the date of enactment of this subsection, 7 and every year thereafter, the Administrator shall 8 submit a report to the appropriate congressional 9 committees that includes— 10 ‘‘(A) an assessment of the information 11 technology (as defined in section 11101 of title 12 40, United States Code) and cybersecurity in- 13 frastructure of the Administration; 14 ‘‘(B) a strategy to increase the cybersecu- 15 rity infrastructure of the Administration; 16 ‘‘(C) a detailed account of any information 17 technology equipment or interconnected system 18 or subsystem of equipment of the Administra- 19 tion that was manufactured by an entity that 20 has its principal place of business located in the 21 People’s Republic of China; and 22 ‘‘(D) an account of any cybersecurity risk 23 or incident that occurred at the Administration 24 during the 2-year period preceding the date on 25 which the report is submitted, and any action g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REPORT.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00861 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 862 1 taken by the Administrator to respond to or re- 2 mediate any such cybersecurity risk or incident. 3 ‘‘(2) ADDITIONAL the Adminis- 4 trator determines that there is a reasonable basis to 5 conclude that a cybersecurity risk or incident oc- 6 curred at the Administration, the Administrator 7 shall— 8 ‘‘(A) not later than 7 days after the date 9 on which the Administrator makes that deter- 10 mination, notify the appropriate congressional 11 committees of the cybersecurity risk or incident; 12 and 13 ‘‘(B) not later than 30 days after the date 14 on which the Administrator makes a determina- 15 tion under subparagraph (A)— 16 ‘‘(i) provide notice to individuals and 17 small business concerns affected by the cy- 18 bersecurity risk or incident; and 19 ‘‘(ii) submit to the appropriate con- 20 gressional committees a report, based on 21 information available to the Administrator 22 as of the date which the Administrator 23 submits the report, that includes— 24 ‘‘(I) a summary of information 25 about the cybersecurity risk or inci- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REPORTS.—If 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00862 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 863 1 dent, including how the cybersecurity 2 risk or incident occurred; and 3 ‘‘(II) an estimate of the number 4 of individuals and small business con- 5 cerns affected by the cybersecurity 6 risk or incident, including an assess- 7 ment of the risk of harm to affected 8 individuals and small business con- 9 cerns. 10 ‘‘(3) RULE CONSTRUCTION.—Nothing in 11 this subsection shall be construed to affect the re- 12 porting requirements of the Administrator under 13 chapter 35 of title 44, United States Code, in par- 14 ticular the requirement to notify the Federal infor- 15 mation 16 3554(b)(7)(C)(ii) of such title, or any other provi- 17 sion of law. 18 security incident ‘‘(A) APPROPRIATE 20 MITTEES.—The 21 committees’ means— 22 under section CONGRESSIONAL COM- term ‘appropriate congressional ‘‘(i) the Committee on Small Business 23 and Entrepreneurship of the Senate; and 24 ‘‘(ii) the Committee on Small Busi- 25 ness of the House of Representatives. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 center ‘‘(4) DEFINITIONS.—In this subsection: 19 VerDate Mar 15 2010 OF Jkt 000000 (763351 3) PO 00000 Frm 00863 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 864 1 ‘‘(B) CYBERSECURITY 2 The terms ‘cybersecurity risk’ and ‘incident’ 3 have the meanings given such terms, respec- 4 tively, under section 2209(a) of the Homeland 5 Security Act of 2002.’’. 6 SEC. 90016. REPORTING ON SMALL BUSINESS PROGRAMS 7 8 UNDER THE CARES ACT. (a) DEFINITIONS.—In this section— 9 (1) the terms ‘‘Administration’’ and ‘‘Adminis- 10 trator’’ mean the Small Business Administration 11 and the Administrator thereof; 12 13 (2) the term ‘‘appropriate congressional committees’’ means— 14 (A) Committee on Appropriations and the 15 Committee on Small Business and Entrepre- 16 neurship of the Senate; and 17 (B) the Committee on Appropriations and 18 the Committee on Small Business of the House 19 of Representatives; 20 (3) the term ‘‘covered assistance’’ means— 21 (A) loans made under section 7(a)(36) of 22 the Small Business Act (15 U.S.C. 636(a)(36)); 23 (B) an advance on a loan made under sec- 24 tion 1110(e) of the CARES Act (Public Law 25 116–136); g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RISK; INCIDENT.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00864 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 865 1 (C) loans made under section 7(b)(2) of 2 the Small Business Act (15 U.S.C. 636(b)(2)), 3 including those made in accordance with section 4 1110 of the CARES Act (Public Law 116– 5 136); 6 (D) loan forgiveness under section 1106 of 7 the CARES Act (Public Law 116–136); and 8 (E) the payment of principal, interest, and 9 fees under section 1112(c) of the CARES Act 10 (Public Law 116–136); 11 (4) the term ‘‘covered loan’’ has the meaning 12 given the term in section 1112(a) of the CARES Act 13 (Public Law 116–136); 14 (5) the term ‘‘demographics’’ means veteran 15 status, gender, race, and ethnicity, as reported on 16 Form 1919 of the Administration or any similar 17 loan application form of the Administration; and 18 (6) the term ‘‘State’’— 19 (A) means any State of the United States, 20 the District of Columbia, the Commonwealth of 21 Puerto Rico, the United States Virgin Islands, 22 Guam, American Samoa, the Commonwealth of 23 the Northern Mariana Islands, and any posses- 24 sion of the United States; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00865 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 866 1 (B) includes an Indian tribe, as defined in 2 section 4 of the Indian Self-Determination and 3 Education Assistance Act (25 U.S.C. 450b). 4 (b) DAILY REPORTING.— 5 (1) IN GENERAL.—During 6 on the day after the date of enactment of this Act 7 and ending on the date on which loan, advance, or 8 payment activity described in this subsection related 9 to COVID–19 has ceased, the Administrator shall, 10 on a daily basis, report to Congress on— 11 (A) the total number and dollar amount of 12 loans or advances, broken down by loans and 13 grants approved and loans and grants dis- 14 bursed, under— 15 (i) section 7(a)(36) of the Small Busi- 16 ness Act (15 U.S.C. 636(a)(36)); 17 (ii) section 1110(e) of the CARES Act 18 (Public Law 116–136); and 19 (iii) section 7(b)(2) of the Small Busi- 20 ness Act (15 U.S.C. 636(b)(2)); 21 (B) for loans made under section 7(a)(36) 22 of 23 636(a)(36))— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 the period beginning 12:13 May 12, 2020 Jkt 000000 the Small Business Act (15 U.S.C. (763351 3) PO 00000 Frm 00866 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 867 1 (i) the amount of remaining authority 2 for the loans, in dollar amount and as a 3 percentage; and 4 (ii) an estimate of the date on which 5 the net and gross dollar amount of loans 6 will reach the maximum amount author- 7 ized for commitments for such loans; 8 (C) for advances made under section 9 1110(e) of the CARES Act (Public Law 116– 10 136)— 11 (i) the amount of remaining funds ap- 12 propriated for the advances, in dollar 13 amount and as a percentage; and 14 (ii) an estimate of the date on which 15 the funds will be expended; and 16 (D) for loans made under section 7(b)(2) 17 of 18 636(b)(2))— Small Business Act (15 U.S.C. 19 (i) the amount of remaining authority 20 for the loans, in dollar amount and as a 21 percentage; and 22 (ii) an estimate of the date on which 23 the net and gross dollar amount of loans 24 will reach the maximum amount author- 25 ized for commitments for such loans. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 the 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00867 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 868 1 (2) ON DEBT RELIEF FOR 2 MICROLOANS, 7(A) LOANS, AND 504 LOANS.—The 3 ministrator shall include in each daily report sub- 4 mitted under paragraph (1), and update on a 5 monthly basis until the date described in paragraph 6 (1), with respect to payments made on covered loans 7 under section 1112(c) of the CARES Act (Public 8 Law 116–136)— Ad- 9 (A) the amount of remaining funds appro- 10 priated for the payments, in dollar amount and 11 as a percentage; and 12 (B) an estimate of the date on which the 13 funds will be expended. 14 (c) WEEKLY REPORTING.— 15 (1) IN GENERAL.—Not later than 1 week after 16 the date of enactment of this Act, and every week 17 thereafter until the date on which loan, advance, or 18 payment activity described in this subsection related 19 to COVID–19 has ceased, the Administrator shall 20 submit to Congress a report on— 21 (A) loans made under section 7(a)(36) of 22 the Small Business Act (15 U.S.C. 636(a)(36)), 23 which shall include— 24 (i) the number and dollar amount of 25 loans approved for or disbursed to all bor- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REPORTING 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00868 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 869 1 rowers, including a breakout of loans by 2 State, congressional district, demographics, 3 industry, and loan size; 4 (ii) the number and dollar amount of 5 loans approved for or disbursed to business 6 concerns assigned a North American In- 7 dustry Classification System code begin- 8 ning with 72, including a breakout of loans 9 by State, congressional district, demo- 10 graphics, and loan size; 11 (iii) the number and dollar amount of 12 loans approved for or disbursed to non- 13 profit organizations and veterans organiza- 14 tions (as those terms are defined in section 15 7(a)(36)(A) of the Small Business Act (15 16 U.S.C. 636(a)(36)(A)), including religious 17 institutions, including a breakout of loans 18 by State, congressional district, industry, 19 and loan size; 20 (iv) for each category of borrowers de- 21 scribed in clauses (i), (ii), and (iii)— 22 (I) the number of full-time equiv- 23 alent employees at the time at which 24 the borrower submits a loan applica- 25 tion; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00869 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 870 1 (II) the number of full-time 2 equivalent employees at the time at 3 which the borrower receives loan for- 4 giveness under section 1106 of the 5 CARES Act (Public Law 116–136); 6 and 7 (III) the number of full-time 8 equivalent employees expected for bor- 9 rowers in the 6-month period fol- 10 lowing forgiveness of the loan; 11 (v) the number and dollar amount of 12 loans fully forgiven under section 1106 of 13 the CARES Act (Public Law 116–136), as 14 compared 15 amount of loans made as of the date of the 16 report; the number and dollar 17 (vi) the number and dollar amount of 18 loans not fully forgiven under section 1106 19 of the CARES Act (Public Law 116–136), 20 and the proportion of that dollar amount 21 of loans that become term loans guaran- 22 teed by the Administration under section 23 7(a)(36) of the Small Business Act (15 24 U.S.C. 636(a)(36)); g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 to 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00870 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 871 1 (vii) the total amount of the lender 2 compensation fees paid to lenders; and 3 (viii) the total amount lenders paid in 4 broker fees; and 5 (B) loans made under section 7(b)(2) of 6 the Small Business Act (15 U.S.C. 636(b)(2)) 7 and advances made under section 1110(e) of 8 the CARES Act (Public Law 116–136), which 9 shall include— 10 (i) the number and dollar amount of 11 loans approved for or disbursed to all bor- 12 rowers, including a breakout of loans by 13 State, congressional district, demographics, 14 industry, and loan size; 15 (ii) the number and dollar amount of 16 advances approved for or disbursed to 17 grantees, including a breakout of loans by 18 State, congressional district, demographics, 19 industry, and grant size; 20 (iii) the number and dollar amount of 21 advances approved for or disbursed to pri- 22 vate nonprofit organizations, including a 23 breakout by State, congressional district, 24 industry, and loan or grant size; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00871 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 872 1 (iv) for each category of recipients, 2 the number of full-time equivalent employ- 3 ees of the recipient at the time at which an 4 application is submitted for the loan or ad- 5 vance, and the number of jobs created or 6 retained because of the loan or advance; 7 (v) loan processing times, including 8 processing times for application to ap- 9 proval and approval to disbursement; and 10 (vi) advance processing times, includ- 11 ing the percentage of advances that were 12 provided within 3 days of submission of 13 the application, as required under section 14 1110(e)(1) of the CARES Act (Public Law 15 116–136). 16 (2) ON DEBT RELIEF FOR 17 MICROLOANS, 7(A) LOANS, AND 504 LOANS.—The 18 ministrator shall include in each weekly report sub- 19 mitted under paragraph (1), and update on a 20 monthly basis until the date described in paragraph 21 (1), with respect to payments made on covered loans 22 under section 1112(c) of the CARES Act (Public 23 Law 116–136)— Ad- 24 (A) the total dollar amount approved and 25 the total amount disbursed by the Administra- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REPORTING 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00872 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 873 1 tion and the number of borrowers receiving as- 2 sistance under such section 1112(c), including a 3 breakdown by— 4 (i) each type of covered loan described 5 in subparagraph (A) and (B) of paragraph 6 (1) and paragraph (2) of such section 7 1112(a); and 8 (ii) whether the borrower is— 9 (I) an existing borrower of a cov- 10 ered loan, as described in subpara- 11 graph (A) or (B) of such section 12 1112(c)(1); or 13 (II) a new borrower of a covered 14 loan, as described in subparagraph 15 (C) of such section 1112(c)(1); 16 (B) the total dollar amount approved and 17 the total amount disbursed by the Administra- 18 tion by the Administration and number of bor- 19 rowers receiving assistance under such section 20 1112(c) broken out by State and congressional 21 district, including a breakdown by each type of 22 covered loan described in subparagraph (A) and 23 (B) of paragraph (1) and paragraph (2) of such 24 section 1112(a); and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00873 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 874 1 (C) the total number and amount of new 2 covered loans by approval and disbursement 3 broken out by lending institution, including a 4 breakout of loans by State, congressional dis- 5 trict, demographics, industry, and loan size. 6 (d) REPORT ON WASTE, FRAUD AND ABUSE.—Not 7 later than 30 days after the date of enactment of this Act, 8 the Administrator and the Secretary of the Treasury shall 9 submit to Congress a joint report on steps that the Admin10 istration and the Department of the Treasury are taking 11 to identify and prevent potential instances of waste, fraud, 12 and abuse relating to covered assistance, including bor13 rower compliance with any loan deferment, relief, or for14 giveness provided through covered assistance. 15 16 (e) REPORT JOBS FOR THE DEBT RELIEF PRO- GRAM.— 17 (1) IN GENERAL.—To the extent practicable, 18 with respect to each type of covered loan described 19 in subparagraphs (A) and (B) of paragraph (1) and 20 paragraph (2) of section 1112(a) of the CARES Act 21 (Public Law 116–136), the Administrator shall sub- 22 mit to Congress a report on— 23 (A) the number of full-time equivalent em- 24 ployees— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ON 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00874 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 875 1 (i) for existing borrowers of a covered 2 loan, as described in subparagraph (A) or 3 (B) of such section 1112(c)(1) at the start 4 of the debt relief under such section 5 1112(c); and 6 (ii) for new borrowers of a covered 7 loan, as described in subparagraph (C) of 8 such section 1112(c)(1), at the time of ap- 9 plication for the covered loan; and 10 (B) the number of jobs created or retained 11 because of the covered loan or the debt relief. 12 (2) TIMING.—The Administrator shall, to the 13 extent practicable, submit to Congress the report re- 14 quired under paragraph (1) not later than October 15 1, 2020, with an updated version submitted not later 16 than January 31, 2021. 17 (f) REPORT 18 PENSES ON CARES ACT SALARIES AND EX- FUNDING.—Not later than 30 days after the date 19 of enactment of this Act, the Administrator shall submit 20 to the appropriate congressional committees a report that 21 includes the plans of the Administrator to use the 22 $675,000,000 provided in section 1107(a)(2) of the 23 CARES Act (Public Law 116–136) for salaries and ex24 penses, and the $2,100,000,000 provided in title II of the 25 Paycheck Protection Program and Health Care Enhance- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00875 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 876 1 ment Act (Public Law 116–139) for salaries and expenses 2 (including staff hired, the use of outside consultants, pro3 gram improvements, and system upgrades), to carry out 4 the provisions of title I of division A of the CARES Act 5 (Public Law 116–136). 6 (g) COLLECTION OF ADDITIONAL DATA.—The Ad- 7 ministrator shall collect and make publically available— 8 (1) the number and dollar amount of loans ap- 9 proved and for or disbursed under 7(a)(36) of the 10 Small Business Act (15 U.S.C. 636(a)(36)) to bor- 11 rowers broken out by lending institution, including a 12 breakout of loans made by the lending institution by 13 State, congressional district, demographics, industry, 14 and loan size, and the number and percent of loan 15 applicants that were new or existing customers of 16 the lender; 17 (2) the total amount of the lender compensation 18 fees paid to each lender under such section 7(a)(36); 19 (3) the total amount each lender paid in broker 20 fees under such section 7(a)(36); and 21 22 (4) to the extent practicable, detailed information on processing times for— 23 (A) loan approvals and loan disbursements 24 under such section 7(a)(36); and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00876 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 877 1 (B) notices of forgiveness of the loans 2 under section 1106 of the CARES Act (Public 3 Law 116–136) to borrowers. 4 (h) FORMAT OF REPORTED DATA.—Not later than 5 30 days after the date of enactment of this Act, the Ad6 ministrator shall make available on a publicly available 7 website in a standardized and downloadable format, and 8 update on a monthly basis, any data contained in a report 9 submitted under this section. 10 SEC. 90017. FUNDING FOR RESOURCES AND SERVICES IN 11 LANGUAGES OTHER THAN ENGLISH. 12 Of the unobligated balances of amounts appropriated 13 for salaries and expenses by section 1107(a)(2) of the 14 CARES Act, $25,000,000 shall be made available to carry 15 out the requirements of section 1111 of such Act. 16 SEC. 90018. DIRECT APPROPRIATION. 17 There is appropriated, out of amounts in the Treas- 18 ury not otherwise appropriated, for the fiscal year ending 19 September 30, 2020, to remain available until September 20 30, 2021— 21 (1) $500,000,000 under the heading ‘‘Small 22 Business Administration—Business Loans Program 23 Account’’ to carry out the requirements of sections 24 90010, 90011, and 90012 of this division; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00877 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 878 1 (2) $7,000,000 under the heading ‘‘Small Busi- 2 ness Administration—Business Loans Program Ac- 3 count’’ to carry out the requirements of section 4 90014 of this division; and 5 (3) $50,000,000 under the heading ‘‘Small 6 Business Administration—Entrepreneurial Develop- 7 ment Programs’’ for technical assistance grants, as 8 authorized under section 90014 of this division. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00878 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 879 6 DIVISION J—SUPPORT FOR ESSENTIAL WORKERS, AT-RISK INDIVIDUALS, FAMILIES, AND COMMUNITIES TITLE I—FAMILY CARE FOR ESSENTIAL WORKERS 7 SEC. 100101. FAMILY CARE FOR ESSENTIAL WORKERS. 1 2 3 4 5 8 (a) INCREASE IN FUNDING.— 9 (1) IN GENERAL.—The amount specified in 10 subsection (c) of section 2003 of the Social Security 11 Act for purposes of subsections (a) and (b) of such 12 section is deemed to be $12,150,000,000 for fiscal 13 year 2020, of which $850,000,000 shall be obligated 14 by States during calendar year 2020 in accordance 15 with subsection (b) of this section. 16 (2) APPROPRIATION.—Out of any money in the 17 Treasury of the United States not otherwise appro- 18 priated, there are appropriated $850,000,000 for fis- 19 cal year 2020 to carry out this section. 20 (b) RULES GOVERNING USE OF ADDITIONAL 21 FUNDS.— 22 23 (1) IN (A) the funds are used for— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 are used in accord- ance with this subsection if— 24 VerDate Mar 15 2010 GENERAL.—Funds Jkt 000000 (763351 3) PO 00000 Frm 00879 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 880 1 (i) child care services for a child of an 2 essential worker; or 3 (ii) daytime care services or other 4 adult protective services for an individual 5 who— 6 (I) is a dependent, or a member 7 of the household of, an essential work- 8 er; and 9 (II) requires the services; 10 (B) the funds are provided to reimburse an 11 essential worker for the cost of obtaining the 12 services (including child care services obtained 13 on or after the date the Secretary of Health 14 and Human Services declared a public health 15 emergency pursuant to section 319 of the Pub- 16 lic Health Service Act on January 31, 2020, en- 17 titled ‘‘Determination that a Public Health 18 Emergency Exists Nationwide as the Result of 19 the 2019 Novel Coronavirus’’), to a provider of 20 child care services, or to establish a temporary 21 child care facility operated by a State or local 22 government; 23 (C) eligibility for the funds or services, and 24 the amount of funds or services provided, is not 25 conditioned on a means test; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00880 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 881 1 (D) the funds are used subject to the limi- 2 tations in section 2005 of the Social Security 3 Act, except that, for purposes of this subpara- 4 graph— 5 (i) paragraphs (3), (5), and (8) of sec- 6 tion 2005(a) of such Act shall not apply; 7 and 8 (ii)(I) limitation in section 9 2005(a)(7) of such Act shall not apply 10 with respect to any standard which the 11 State involved determines would impede 12 the ability of the State to provide emer- 13 gency temporary care to a child, depend- 14 ent, or household member referred to in 15 subparagraph (A) of this paragraph; and 16 (II) if the State determines that such 17 a standard would be so impeding, the 18 State shall report the determination to the 19 Secretary, separately from the annual re- 20 port to the Secretary by the State; 21 (E) the funds are used to supplement, not 22 supplant, State general revenue funds for child 23 care assistance; and 24 (F) the funds are not used for child care 25 costs that are— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 the 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00881 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 882 1 (i) covered by funds provided under 2 the Child Care and Development Block 3 Grant Act of 1990 or section 418 of the 4 Social Security Act; or 5 (ii) 6 by the Federal Emergency Management Agency. 7 (2) ESSENTIAL WORKER DEFINED.—In para- 8 graph (1), the term ‘‘essential worker’’ means— 9 (A) a health sector employee; 10 (B) an emergency response worker; 11 (C) a sanitation worker; 12 (D) a worker at a business which a State 13 or local government official has determined 14 must remain open to serve the public during the 15 emergency referred to in paragraph (1)(B); and 16 (E) any other worker who cannot telework, 17 and whom the State deems to be essential dur- 18 ing the emergency referred to in paragraph 19 (1)(B). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 reimbursable 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00882 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 883 3 TITLE II—PANDEMIC EMERGENCY ASSISTANCE AND SERVICES 4 SEC. 100201. FUNDING TO STATES, LOCALITIES, AND COM- 5 MUNITY-BASED ORGANIZATIONS FOR EMER- 6 GENCY AID AND SERVICES. 1 2 7 (a) FUNDING FOR STATES.— 8 9 (1) INCREASE ICES BLOCK GRANT PROGRAM.— 10 (A) APPROPRIATION.—Out of any money 11 in the Treasury of the United States not other- 12 wise 13 $9,600,000,000, which shall be available for 14 payments under section 2002 of the Social Se- 15 curity Act. 16 appropriated, there (B) DEADLINE FOR are appropriated DISTRIBUTION OF 17 FUNDS.—Within 18 enactment of this Act, the Secretary of Health 19 and Human Services shall distribute the funds 20 made available by this paragraph, which shall 21 be made available to States on an emergency 22 basis for immediate obligation and expenditure. 23 45 days after the date of the (C) SUBMISSION OF REVISED PRE-EX- 24 PENDITURE REPORT.—Within 25 State receives funds made available by this g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 IN FUNDING FOR SOCIAL SERV- 12:13 May 12, 2020 Jkt 000000 90 days after a (763351 3) PO 00000 Frm 00883 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 884 1 paragraph, the State shall submit to the Sec- 2 retary a revised pre-expenditure report pursu- 3 ant to title XX of the Social Security Act that 4 describes how the State plans to administer the 5 funds. 6 (D) OBLIGATION 7 A State to which funds made available by this 8 paragraph are distributed shall obligate the 9 funds not later than December 31, 2020. 10 (E) 11 STATES.—A 12 grantee to which a grantee) provides funds 13 made available by this paragraph shall expend 14 the funds not later than December 31, 2021. 15 (2) RULES EXPENDITURE OF FUNDS BY grantee to which a State (or a sub- GOVERNING USE OF ADDITIONAL 16 FUNDS.—A 17 paragraph (1)(B) are distributed shall use the funds 18 in accordance with the following: State to which funds made available by 19 (A) PURPOSE.— 20 (i) IN GENERAL.—The State shall use 21 the funds only to support the provision of 22 emergency services to disadvantaged chil- 23 dren, families, and households. 24 (ii) DISADVANTAGED 25 12:13 May 12, 2020 DEFINED.—In this paragraph, the term ‘‘disadvantaged’’ g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF FUNDS BY STATES.— Jkt 000000 (763351 3) PO 00000 Frm 00884 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 885 1 means, with respect to an entity, that the 2 entity— 3 (I) is an individual, or is located 4 in a community, that is experiencing 5 material hardship; 6 (II) is a household in which there 7 is a child (as defined in section 12(d) 8 of the Richard B. Russell National 9 School Lunch Act) or a child served 10 under section 11(a)(1) of such Act, 11 who, if not for the closure of the 12 school attended by the child during a 13 public health emergency designation 14 and due to concerns about a COVID– 15 19 outbreak, would receive free or re- 16 duced price school meals pursuant to 17 such Act; 18 (III) is an individual, or is lo- 19 cated in a community, with barriers to 20 employment; or 21 (IV) is located in a community 22 that, as of the date of the enactment 23 of this Act, is not experiencing a 56- 24 day downward trajectory of— 25 (aa) influenza-like illnesses; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00885 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 886 1 (bb) COVID-like syndromic 2 cases; 3 (cc) documented COVID–19 4 cases; or 5 (dd) positive test results as 6 a percentage of total COVID–19 7 tests. 8 (B) 9 PASS-THROUGH LOCAL ENTI- TIES.— 10 (i) In the case of a State in which a 11 county administers or contributes finan- 12 cially to the non-Federal share of the 13 amounts expended in carrying out a State 14 program funded under title IV of the So- 15 cial Security Act, the State may pass funds 16 so made available through to— 17 (I) the chief elected official of the 18 city or urban county that administers 19 the program; or 20 (II) local government and com- 21 munity-based organizations. 22 (ii) In the case of any other State, the 23 State shall— 24 (I) pass the funds through to— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00886 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 887 1 (aa)(AA) local governments 2 that will expend or distribute the 3 funds in consultation with com- 4 munity-based organizations with 5 experience serving disadvantaged 6 families or individuals; or 7 (BB) community-based or- 8 ganizations with experience serv- 9 ing disadvantaged families and 10 individuals; and 11 (bb) sub-State areas in pro- 12 portions based on the population 13 of disadvantaged individuals liv- 14 ing in the areas; and 15 (II) report to the Secretary on 16 how 17 amounts passed through pursuant to 18 this clause. 19 (i) IN 21 determined the GENERAL.—The State shall use the funds only for— 22 (I) administering emergency serv- 23 ices; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 State (C) METHODS.— 20 VerDate Mar 15 2010 the Jkt 000000 (763351 3) PO 00000 Frm 00887 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 888 1 (II) providing short-term cash, 2 non-cash, or in-kind emergency dis- 3 aster relief; 4 (III) providing services with dem- 5 onstrated need in accordance with ob- 6 jective criteria that are made available 7 to the public; 8 (IV) operational costs directly re- 9 lated to providing services described 10 in subclauses (I), (II), and (III); 11 (V) local government emergency 12 social service operations; and 13 (VI) providing emergency social 14 services to rural and frontier commu- 15 nities that may not have access to 16 other emergency funding streams. 17 (ii) EMERGENCY 18 SERVICES 19 term ‘‘administering emergency services’’ 20 means— DEFINED.—In clause (i), the 21 (I) providing basic disaster relief, 22 economic, and well-being necessities to 23 ensure communities are able to safely 24 observe 25 distancing orders; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ADMINISTERING 12:13 May 12, 2020 Jkt 000000 shelter-in-place and social (763351 3) PO 00000 Frm 00888 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 889 1 (II) providing necessary supplies 2 such as masks, gloves, and soap, to 3 protect the public against infectious 4 disease; and 5 (III) connecting individuals, chil- 6 dren, and families to services or pay- 7 ments for which they may already be 8 eligible. 9 (D) PROHIBITIONS.— 10 (i) NO 11 TERMINATIONS 12 GRANTEES.—Neither 13 the State provides the funds nor any sub- 14 grantee of such a grantee may exercise in- 15 dividual eligibility determinations for the 16 purpose of administering short-term, non- 17 cash, in-kind emergency disaster relief to 18 communities. 19 BY GRANTEES OR SUB- a grantee to which (ii) APPLICABILITY OF CERTAIN SO- 20 CIAL SERVICES BLOCK GRANT FUNDS USE 21 LIMITATIONS.—The 22 funds subject to the limitations in section 23 2005 of the Social Security Act, except 24 that, for purposes of this clause, section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 INDIVIDUAL ELIGIBILITY DE- 12:13 May 12, 2020 Jkt 000000 State shall use the (763351 3) PO 00000 Frm 00889 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 890 1 2005(a)(2) and 2005(a)(8) of such Act 2 shall not apply. 3 (iii) NO SUPPLANTATION OF CERTAIN 4 STATE FUNDS.—The 5 funds to supplement, not supplant, State 6 general revenue funds for social services. 7 (iv) BAN State may use the ON USE FOR CERTAIN COSTS 8 REIMBURSABLE BY FEMA.—The 9 not use the funds for costs that are reim- 10 bursable by the Federal Emergency Man- 11 agement Agency, under a contract for in- 12 surance, or by self-insurance. 13 (b) FUNDING FOR State may FEDERALLY RECOGNIZED INDIAN 14 TRIBES AND TRIBAL ORGANIZATIONS.— 15 (1) GRANTS.— 16 (A) IN 90 days after 17 the date of the enactment of this Act, the Sec- 18 retary of Health and Human Services shall 19 make grants to federally recognized Indian 20 Tribes and Tribal organizations. 21 (B) AMOUNT OF GRANT.—The amount of 22 the grant for an Indian Tribe or Tribal organi- 23 zation shall bear the same ratio to the amount 24 appropriated by paragraph (3) as the total 25 amount of grants awarded to the Indian Tribe g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Within 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00890 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 891 1 or Tribal organization under the Low-Income 2 Home Energy Assistance Act of 1981 and the 3 Community Service Block Grant for fiscal year 4 2020 bears to the total amount of grants 5 awarded to all Indian Tribes and Tribal organi- 6 zations under such Act and such Grant for the 7 fiscal year. 8 (2) RULES 9 entity to which a grant is made under paragraph (1) 10 shall obligate the funds not later than December 31, 11 2020, and the funds shall be expended by grantees 12 and subgrantees not later than December 31, 2021, 13 and used in accordance with the following: 14 (A) PURPOSE.— 15 (i) IN GENERAL.—The grantee shall 16 use the funds only to support the provision 17 of emergency services to disadvantaged 18 households. 19 (ii) DISADVANTAGED DEFINED.—In 20 clause 21 means, with respect to an entity, that the 22 entity— (i), the term ‘‘disadvantaged’’ 23 (I) is an individual, or is located 24 in a community, that is experiencing 25 material hardship; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GOVERNING USE OF FUNDS.—An 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00891 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 892 1 (II) is a household in which there 2 is a child (as defined in section 12(d) 3 of the Richard B. Russell National 4 School Lunch Act) or a child served 5 under section 11(a)(1) of such Act, 6 who, if not for the closure of the 7 school attended by the child during a 8 public health emergency designation 9 and due to concerns about a COVID– 10 19 outbreak, would receive free or re- 11 duced price school meals pursuant to 12 such Act; 13 (III) is an individual, or is lo- 14 cated in a community, with barriers to 15 employment; or 16 (IV) is located in a community 17 that, as of the date of the enactment 18 of this Act, is not experiencing a 56- 19 day downward trajectory of— 20 (aa) influenza-like illnesses; 21 (bb) COVID-like syndromic 22 cases; 23 (cc) documented COVID–19 24 cases; or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00892 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 893 1 (dd) positive test results as 2 a percentage of total COVID–19 3 tests. 4 (B) METHODS.— 5 (i) IN 6 grantee shall use the funds only for— 7 (I) administering emergency serv- 8 ices; 9 (II) providing short-term, non- 10 cash, in-kind emergency disaster re- 11 lief; and 12 (III) tribal emergency social serv- 13 ice operations. 14 (ii) ADMINISTERING EMERGENCY 15 SERVICES 16 term ‘‘administering emergency services’’ 17 means— DEFINED.—In clause (i), the 18 (I) providing basic economic and 19 well-being necessities to ensure com- 20 munities are able to safely observe 21 shelter-in-place and social distancing 22 orders; 23 (II) providing necessary supplies 24 such as masks, gloves, and soap, to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00893 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 894 1 protect the public against infectious 2 disease; and 3 (III) connecting individuals, chil- 4 dren, and families to services or pay- 5 ments for which they may already be 6 eligible. 7 (C) PROHIBITIONS.— 8 (i) NO 9 TERMINATIONS BY GRANTEES OR SUB- 10 GRANTEES.—Neither 11 subgrantee may exercise individual eligi- 12 bility determinations for the purpose of ad- 13 ministering short-term, non-cash, in-kind 14 emergency disaster relief to communities. 15 (ii) BAN the grantee nor any ON USE FOR CERTAIN COSTS 16 REIMBURSABLE 17 may not use the funds for costs that are 18 reimbursable by the Federal Emergency 19 Management Agency, under a contract for 20 insurance, or by self-insurance. BY FEMA.—The grantee 21 (3) APPROPRIATION.—Out of any money in the 22 Treasury of the United States not otherwise appro- 23 priated, there are appropriated to the Secretary of 24 Health and Human Services $400,000,000 to carry 25 out this subsection. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 INDIVIDUAL ELIGIBILITY DE- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00894 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 895 1 SEC. 100202. EMERGENCY ASSISTANCE TO OLDER FOSTER 2 3 YOUTH. (a) FUNDING INCREASES.— 4 (1) GENERAL PROGRAM.—The dollar amount 5 specified in section 477(h)(1) of the Social Security 6 Act 7 $193,000,000. for 8 fiscal year (2) EDUCATION 2020 is deemed to be AND TRAINING VOUCHERS.— 9 The dollar amount specified in section 477(h)(2) of 10 such Act for fiscal year 2020 is deemed to be 11 $78,000,000. 12 (b) PROGRAMMATIC FLEXIBILITY.—With respect to 13 the period that begins on March 1, 2020, and ends Janu14 ary 31, 2021: 15 (1) ELIMINATION 16 GIBILITY FOR ASSISTANCE.—Eligibility 17 or assistance under a State program operated pursu- 18 ant to section 477 of the Social Security Act shall 19 be provided without regard to the age of the recipi- 20 ent. 21 (2) SUSPENSION for services OF WORK AND EDUCATION RE- 22 QUIREMENTS UNDER THE EDUCATION AND TRAIN- 23 ING VOUCHER PROGRAM.—Section 24 Social Security Act shall be applied and adminis- 25 tered without regard to any work or education re- 26 quirement. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF AGE LIMITATIONS ON ELI- 12:13 May 12, 2020 Jkt 000000 477(i)(3) of the (763351 3) PO 00000 Frm 00895 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 896 1 (3) AUTHORITY TO WAIVE LIMITATION ON PER- 2 CENTAGE OF FUNDS USED FOR HOUSING ASSIST- 3 ANCE.—The 4 ices (in this subsection referred to as the ‘‘Sec- 5 retary’’) may apply and administer section 477 of 6 the Social Security Act without regard to subsection 7 (b)(3)(B) of such section. 8 Secretary of Health and Human Serv- (4) ELIMINATION 9 MENT OF EDUCATION AND EMPLOY- REQUIREMENTS FOR CERTAIN FOSTER 10 YOUTH.—The 11 of 12 475(8)(B)(iv) of the Social Security Act. 13 (c) STATE DEFINED.—In subsection (a), the term Secretary may waive the applicability subclauses (I) through (IV) of section 14 ‘‘State’’ has the meaning given the term in section 15 1101(a) of the Social Security Act for purposes of title 16 IV of such Act, and includes an Indian tribe, tribal organi17 zation, or tribal consortium with an application and plan 18 approved under section 477(j) of such Act for fiscal year 19 2020. 20 SEC. 100203. 21 22 EMERGENCY ASSISTANCE TO FAMILIES THROUGH HOME VISITING PROGRAMS. (a) IN GENERAL.—For purposes of section 511 of the 23 Social Security Act, during the period that begins on Feb24 ruary 1, 2020, and ends January 31, 2021— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00896 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 897 1 2 (1) a virtual home visit shall be considered a home visit; 3 (2) funding for, and staffing levels of, a pro- 4 gram conducted pursuant to such section shall not 5 be reduced on account of reduced enrollment in the 6 program; and 7 8 (3) funds provided for such a program may be used— 9 (A) to train home visitors in conducting a 10 virtual home visit and in emergency prepared- 11 ness and response planning for families served; 12 (B) for the acquisition by families enrolled 13 in the program of such technological means as 14 are needed to conduct and support a virtual 15 home visit; 16 (C) to provide emergency supplies (such as 17 diapers, formula, non-perishable food, water, 18 hand soap and hand sanitizer) to families 19 served; and 20 (D) to provide prepaid debit cards to an el- 21 igible family (as defined in section 511(k)(2) of 22 such Act) for the purpose of enabling the family 23 to meet the emergency needs of the family. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00897 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 898 1 (b) VIRTUAL HOME VISIT DEFINED.—In subsection 2 (a), the term ‘‘virtual home visit’’ means a visit that is 3 conducted solely by electronic means. 4 (c) AUTHORITY TO DELAY DEADLINES.— 5 (1) IN GENERAL.—The Secretary of Health and 6 Human Services may extend the deadline by which 7 a requirement of section 511 of the Social Security 8 Act must be met, by such period of time as the Sec- 9 retary deems appropriate. 10 (2) GUIDANCE.—The Secretary shall provide to 11 eligible entities funded under section 511 of the So- 12 cial Security Act information on the parameters 13 used in extending a deadline under paragraph (1) of 14 this subsection. 15 (d) SUPPLEMENTAL APPROPRIATION.—In addition 16 to amounts otherwise appropriated, out of any money in 17 the Treasury of the United States not otherwise appro18 priated, there are appropriated to the Secretary of Health 19 and Human Services $100,000,000, to enable eligible enti20 ties to conduct programs funded under section 511 of the 21 Social Security Act pursuant to this section, which shall 22 remain available for obligation not later than January 31, 23 2021. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00898 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 899 3 TITLE III—PROGRAM FLEXIBILITY DURING THE PANDEMIC 4 SEC. 100301. EMERGENCY FLEXIBILITY FOR CHILD WEL- 1 2 5 6 FARE PROGRAMS. (a) IN GENERAL.—With respect to the period that 7 begins on March 1, 2020, and ends January 31, 2021: 8 9 (1) AUTHORITY HOW DAILY ACTIVITIES MAY BE CONDUCTED RE- 10 MOTELY.—The 11 Services may allow a State to determine how daily 12 activities under the State plan developed under part 13 B of title IV of the Social Security Act and the 14 State program funded under section 477 of such Act 15 may be conducted through electronic means to com- 16 ply with public health guidelines relating to social 17 distancing, including conducting any required court 18 proceedings pertaining to children in care. In mak- 19 ing any such determination, the State shall work to 20 ensure that the safety and health of each child in 21 care remains paramount. 22 (2) COUNTING Secretary of Health and Human OF REMOTE CASEWORKER VISITS 23 AS IN-PERSON VISITS.—In 24 who has attained 18 years of age and with respect 25 to whom foster care maintenance payments are g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF STATES TO DETERMINE 12:13 May 12, 2020 Jkt 000000 the case of a foster child (763351 3) PO 00000 Frm 00899 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 900 1 being made under a State plan approved under part 2 E of title IV of the Social Security Act, caseworker 3 contact with the child that includes visual and audi- 4 tory contact and which is conducted solely by elec- 5 tronic means is deemed an in-person visit to the 6 child by the caseworker for purposes of section 7 424(f)(1)(A) of such Act if the child is visited by the 8 caseworker in person not less than once every 6 9 months while in such care. 10 (b) STATE DEFINED.—In subsection (a), the term 11 ‘‘State’’ has the meaning given the term in section 12 1101(a) of the Social Security Act for purposes of title 13 IV of such Act, and includes an Indian tribe, tribal organi14 zation, or tribal consortium with an application and plan 15 approved under this section 477(j) of such Act for fiscal 16 year 2020. 17 SEC. 100302. EMERGENCY FLEXIBILITY FOR CHILD SUP- 18 19 PORT PROGRAMS. (a) IN GENERAL.—With respect to the period that 20 begins on March 1, 2020, and ends January 31, 2021: 21 (1) 408(a)(2), 409(a)(5), and 22 409(a)(8) of the Social Security Act shall have no 23 force or effect. 24 (2) Notwithstanding section 466(d) of such Act, 25 the Secretary of Health and Human Services (in this g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 Sections 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00900 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 901 1 subsection referred to as the ‘‘Secretary’’) may ex- 2 empt a State from any requirement of section 466 3 of such Act to respond to the COVID–19 pandemic, 4 except that the Secretary may not exempt a State 5 from any requirement to— 6 (A) provide a parent with notice of a right 7 to request a review and, if appropriate, adjust- 8 ment of a support order; or 9 (B) afford a parent the opportunity to 10 make such a request. 11 (3) The Secretary may not impose a penalty or 12 take any other adverse action against a State pursu- 13 ant to section 452(g)(1) of such Act for failure to 14 achieve a paternity establishment percentage of less 15 than 90 percent. 16 (4) The Secretary may not find that the pater- 17 nity establishment percentage for a State is not 18 based on reliable data for purposes of section 19 452(g)(1) of such Act, and the Secretary may not 20 determine that the data which a State submitted 21 pursuant to section 452(a)(4)(C)(i) of such Act and 22 which is used in determining a performance level is 23 not complete or reliable for purposes of section 24 458(b)(5)(B) of such Act, on the basis of the failure g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00901 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 902 1 of the State to submit OCSE Form 396 or 34 in a 2 timely manner. 3 (5) The Secretary may not impose a penalty or 4 take any other adverse action against a State for 5 failure to comply with section 454A(g)(1)(A)(i) of 6 such Act. 7 (6) The Secretary may not disapprove a State 8 plan submitted pursuant to part D of title IV of 9 such Act for failure of the plan to meet the require- 10 ment of section 454(1) of such Act, and may not im- 11 pose a penalty or take any other adverse action 12 against a State with such a plan that meets that re- 13 quirement for failure to comply with that require- 14 ment. 15 (7) To the extent that a preceding provision of 16 this section applies with respect to a provision of law 17 applicable to a program operated by an Indian tribe 18 or tribal organization (as defined in subsections (e) 19 and (l) of section 4 of the Indian Self-Determination 20 and Education Assistance Act (25 U.S.C. 450b)), 21 that preceding provision shall apply with respect to 22 the Indian tribe or tribal organization. 23 (b) STATE DEFINED.—In subsection (a), the term 24 ‘‘State’’ has the meaning given the term in section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00902 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 903 1 1101(a) of the Social Security Act for purposes of title 2 IV of such Act. 3 SEC. 100303. EMERGENCY FLEXIBILITY FOR STATE TANF 4 5 PROGRAMS. (a) STATE PROGRAMS.—Sections 407(a), 407(e)(1), 6 and 408(a)(7)(A) of the Social Security Act shall have no 7 force or effect during the applicable period, and para8 graphs (3), (9), (14), and (15) of section 409(a) of such 9 Act shall not apply with respect to conduct engaged in 10 during the period. 11 (b) TRIBAL PROGRAMS.—The minimum work partici- 12 pation requirements and time limits established under sec13 tion 412(c) of the Social Security Act shall have no force 14 or effect during the applicable period, and the penalties 15 established under such section shall not apply with respect 16 to conduct engaged in during the period. 17 (c) PENALTY FOR NONCOMPLIANCE.— 18 (1) IN the Secretary of Health 19 and Human Services finds that a State or an Indian 20 tribe has imposed a work requirement as a condition 21 of receiving assistance, or a time limit on the provi- 22 sion of assistance, under a program funded under 23 part A of title IV of the Social Security Act or any 24 program funded with qualified State expenditures 25 (as defined in section 409(a)(7)(B)(i) of such Act) g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—If 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00903 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 904 1 during the applicable period, or has imposed a pen- 2 alty for failure to comply with a work requirement 3 during the period, the Secretary shall reduce the 4 grant payable to the State under section 403(a)(1) 5 of such Act or the grant payable to the tribe under 6 section 412(a)(1) of such Act, as the case may be, 7 for fiscal year 2021 by an amount equal to 5 percent 8 of the State or tribal family assistance grant, as the 9 case may be. 10 (2) APPLICABILITY 11 For purposes of section 409(d) of the Social Secu- 12 rity Act, paragraph (1) of this subsection shall be 13 considered to be included in section 409(a) of such 14 Act. 15 (d) DEFINITIONS.—In this section: 16 (1) APPLICABLE PERIOD.—The term ‘‘applica- 17 ble period’’ means the period that begins on March 18 1, 2020, and ends January 31, 2021. 19 (2) WORK REQUIREMENT.—The term ‘‘work re- 20 quirement’’ means a requirement to engage in a 21 work activity (as defined in section 407(d) of the So- 22 cial Security Act)or other work-related activity as 23 defined by a State or tribal program funded under 24 part A of title IV of such Act. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF CERTAIN PROVISIONS.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00904 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 905 1 (3) OTHER other term has the 2 meaning given the term in section 419 of the Social 3 Security Act. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TERMS.—Each 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00905 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 906 DIVISION K—COVID–19 HERO ACT 1 2 SEC. 110001. SHORT TITLE; TABLE OF CONTENTS. 3 This division may be cited as the ‘‘COVID–19 Hous- 4 ing, Economic Relief, and Oversight Act’’ or the ‘‘COVID– 5 19 HERO Act’’. 6 TITLE I—PROVIDING MEDICAL EQUIPMENT 7 FOR FIRST RESPONDERS AND ESSENTIAL 8 WORKERS 9 SEC. 110101. COVID–19 EMERGENCY MEDICAL SUPPLIES EN- 10 11 HANCEMENT. (a) DETERMINATION ON EMERGENCY SUPPLIES AND 12 RELATIONSHIP TO STATE AND LOCAL EFFORTS.— 13 (1) DETERMINATION.—For the purposes of sec- 14 tion 101 of the Defense Production Act of 1950 (50 15 U.S.C. 4511), the following materials shall be 16 deemed to be scarce and critical materials essential 17 to the national defense and otherwise meet the re- 18 quirements of section 101(b) of such Act during the 19 COVID–19 emergency period: 20 (A) Diagnostic tests, including serological 21 tests, for COVID–19 and the reagents and 22 other materials necessary for producing or con- 23 ducting such tests. 24 (B) Personal protective equipment, includ- 25 ing face shields, N–95 respirator masks, and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00906 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 907 1 any other masks determined by the Secretary of 2 Health and Human Services to be needed to re- 3 spond to the COVID–19 pandemic, and the ma- 4 terials to produce such equipment. 5 (C) Medical ventilators, the components 6 necessary to make such ventilators, and medi- 7 cines needed to use a ventilator as a treatment 8 for any individual who is hospitalized for 9 COVID–19. 10 (D) Pharmaceuticals and any medicines 11 determined by the Food and Drug Administra- 12 tion or another Government agency to be effec- 13 tive in treating COVID–19 (including vaccines 14 for COVID–19) and any materials necessary to 15 produce or use such pharmaceuticals or medi- 16 cines (including self-injection syringes or other 17 delivery systems). 18 (E) Any other medical equipment or sup- 19 plies determined by the Secretary of Health and 20 Human Services or the Secretary of Homeland 21 Security to be scarce and critical materials es- 22 sential to the national defense for purposes of 23 section 101 of the Defense Production Act of 24 1950 (50 U.S.C. 4511). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00907 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 908 1 (2) EXERCISE 2 LATION TO CONTRACTS BY STATE AND LOCAL GOV- 3 ERNMENTS.—In 4 of the Defense Production Act of 1950 (50 U.S.C. 5 4511 et seq.) during the COVID–19 emergency pe- 6 riod, the President (and any officer or employee of 7 the United States to which authorities under such 8 title I have been delegated)— exercising authorities under title I 9 (A) may exercise the prioritization or allo- 10 cation authority provided in such title I to ex- 11 clude any materials described in paragraph (1) 12 ordered by a State or local government that are 13 scheduled to be delivered within 15 days of the 14 time at which— 15 (i) the purchase order or contract by 16 the Federal Government for such materials 17 is made; or 18 (ii) the materials are otherwise allo- 19 cated by the Federal Government under 20 the authorities contained in such Act; and 21 (B) shall, within 24 hours of any exercise 22 of the prioritization or allocation authority pro- 23 vided in such title I— 24 (i) notify any State or local govern- 25 ment if the exercise of such authorities g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF TITLE I AUTHORITIES IN RE- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00908 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 909 1 would delay the receipt of such materials 2 ordered by such government; and 3 (ii) take such steps as may be nec- 4 essary to ensure that such materials or- 5 dered by such government are delivered in 6 the shortest possible period. 7 (3) UPDATE 8 REGULATION.—Not 9 date of the enactment of this Act, the Federal Ac- 10 quisition Regulation shall be revised to reflect the 11 requirements of paragraph (2)(A). 12 (b) ENGAGEMENT WITH THE PRIVATE SECTOR.— 13 (1) SENSE later than 15 days after the OF CONGRESS.—The Congress— 14 (A) appreciates the willingness of private 15 companies not traditionally involved in pro- 16 ducing items for the health sector to volunteer 17 to use their expertise and supply chains to 18 produce essential medical supplies and equip- 19 ment; 20 (B) encourages other manufacturers to re- 21 view their existing capacity and to develop ca- 22 pacity to produce essential medical supplies, 23 medical equipment, and medical treatments to 24 address the COVID–19 emergency; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO THE FEDERAL ACQUISITION 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00909 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 910 1 (C) commends and expresses deep appre- 2 ciation to individual citizens who have been pro- 3 ducing personal protective equipment and other 4 materials for, in particular, use at hospitals in 5 their community. 6 (2) OUTREACH 7 (A) DESIGNATION.—Consistent with the 8 authorities in title VII of the Defense Produc- 9 tion Act of 1950 (50 U.S.C. 4551 et seq.), the 10 Administrator of the Federal Emergency Man- 11 agement Agency, in consultation with the Sec- 12 retary of Health and Human Services, shall 13 designate or shall appoint, pursuant to section 14 703 of such Act (50 U.S.C. 4553), an indi- 15 vidual to be known as the ‘‘Outreach Rep- 16 resentative’’. Such individual shall— 17 (i) be appointed from among individ- 18 uals with substantial experience in the pri- 19 vate sector in the production of medical 20 supplies or equipment; and 21 (ii) act as the Government-wide single 22 point of contact during the COVID–19 23 emergency for outreach to manufacturing 24 companies and their suppliers who may be 25 interested in producing medical supplies or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REPRESENTATIVE.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00910 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 911 1 equipment, including the materials de- 2 scribed under subsection (a). 3 (B) ENCOURAGING PARTNERSHIPS.—The 4 Outreach Representative shall seek to develop 5 partnerships between companies, in coordina- 6 tion with the Supply Chain Stabilization Task 7 Force or any overall coordinator appointed by 8 the President to oversee the response to the 9 COVID–19 emergency, including through the 10 exercise of the authorities under section 708 of 11 the Defense Production Act of 1950 (50 U.S.C. 12 4558). 13 14 (c) ENHANCEMENT TION.—In OF SUPPLY CHAIN PRODUC- exercising authority under title III of the De- 15 fense Production Act of 1950 (50 U.S.C. 4531 et seq.) 16 with respect to materials described in subsection (a), the 17 President shall seek to ensure that support is provided to 18 companies that comprise the supply chains for reagents, 19 components, raw materials, and other materials and items 20 necessary to produce or use the materials described in sub21 section (a). 22 (d) OVERSIGHT OF CURRENT ACTIVITY AND 23 NEEDS.— 24 (1) RESPONSE g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 TO IMMEDIATE NEEDS.— (763351 3) PO 00000 Frm 00911 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 912 1 later than 7 days 2 after the date of the enactment of this Act, the 3 President, in coordination with the National 4 Response Coordination Center of the Federal 5 Emergency Management Agency, the Adminis- 6 trator of the Defense Logistics Agency, the Sec- 7 retary of Health and Human Services, the Sec- 8 retary of Veterans Affairs, and heads of other 9 Federal agencies (as appropriate), shall submit 10 to the appropriate congressional committees a 11 report assessing the immediate needs described 12 in subparagraph (B) to combat the COVID–19 13 pandemic and the plan for meeting those imme- 14 diate needs. 15 (B) ASSESSMENT.—The report required by 16 this paragraph shall include— 17 (i) an assessment of the needs for 18 medical supplies or equipment necessary to 19 address the needs of the population of the 20 United States infected by the virus SARS– 21 CoV–2 that causes COVID–19 and to pre- 22 vent an increase in the incidence of 23 COVID–19 throughout the United States, 24 including diagnostic tests, serological tests, 25 medicines that have been approved by the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Not (A) IN 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00912 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 913 1 Food and Drug Administration to treat 2 COVID–19, and ventilators and medicines 3 needed to employ ventilators; 4 (ii) based on meaningful consultations 5 with relevant stakeholders, an assessment 6 of the need for personal protective equip- 7 ment and other supplies (including diag- 8 nostic tests) required by— 9 (I) health professionals, health 10 workers, and hospital staff; 11 (II) workers in industries and 12 sectors described in the ‘‘Advisory 13 Memorandum on Identification of Es- 14 sential Critical Infrastructure Work- 15 ers during the COVID–19 Response’’ 16 issued by the Director of Cybersecu- 17 rity and Infrastructure Security Agen- 18 cy of the Department of Homeland 19 Security on April 17, 2020 (and any 20 expansion of industries and sectors in- 21 cluded in updates to such advisory 22 memorandum); and 23 (III) other workers determined to 24 be essential based on such consulta- 25 tion; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00913 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 914 1 (iii) an assessment of the quantities of 2 equipment and supplies in the Strategic 3 National Stockpile (established under sec- 4 tion 319F–2 of the Public Health Service 5 Act ((42 U.S.C. 247d–6b(a)(1))) as of the 6 date of the report, and the projected gap 7 between the quantities of equipment and 8 supplies identified as needed in the assess- 9 ment under clauses (i) and (ii) and the 10 quantities in the Strategic National Stock- 11 pile; 12 (iv) an identification of the industry 13 sectors and manufacturers most ready to 14 fulfill purchase orders for such equipment 15 and supplies (including manufacturers that 16 may be incentivized) through the exercise 17 of authority under section 303(e) of the 18 Defense Production Act of 1950 (50 19 U.S.C. 4533(e)) to modify, expand, or im- 20 prove production processes to manufacture 21 such equipment and supplies to respond 22 immediately to a need identified in clause 23 (i) or (ii); 24 (v) an identification of Government- 25 owned and privately-owned stockpiles of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00914 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 915 1 such equipment and supplies not included 2 in the Strategic National Stockpile that 3 could be repaired or refurbished; 4 (vi) an identification of previously dis- 5 tributed critical supplies that can be redis- 6 tributed based on current need; 7 (vii) a description of any exercise of 8 the authorities described under paragraph 9 (1)(E) or (2)(A) of subsection (a); and 10 (viii) an identification of critical areas 11 of need, by county and by areas identified 12 by the Indian Health Service, in the 13 United States and the metrics and criteria 14 for identification as a critical area. 15 (C) PLAN.—The report required by this 16 paragraph shall include a plan for meeting the 17 immediate needs to combat the COVID–19 pan- 18 demic, including the needs described in sub- 19 paragraph (B). Such plan shall include— 20 (i) each contract the Federal Govern- 21 ment has entered into to meet such needs, 22 including the purpose of each contract, the 23 type and amount of equipment, supplies, or 24 services to be provided under the contract, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00915 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 916 1 the entity performing such contract, and 2 the dollar amount of each contract; 3 (ii) each contract that the Federal 4 Government intends to enter into within 5 14 days after submission of such report, 6 including the information described in sub- 7 paragraph (B) for each such contract; and 8 (iii) whether any of the contracts de- 9 scribed in clause (i) or (ii) have or will 10 have a priority rating under the Defense 11 Production Act of 1950 (50 U.S.C. 4501 12 et seq.), including purchase orders pursu- 13 ant to Department of Defense Directive 14 4400.1 (or any successor directive), sub- 15 part A of part 101 of title 45, Code of 16 Federal Regulations, or any other applica- 17 ble authority. 18 (D) ADDITIONAL 19 report required by this paragraph, and each up- 20 date required by subparagraph (E), shall in- 21 clude— 22 (i) any requests for equipment and 23 supplies from State or local governments 24 and Indian Tribes, and an accompanying g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REQUIREMENTS.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00916 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 917 1 list of the employers and unions consulted 2 in developing these requests; 3 (ii) any modeling or formulas used to 4 determine allocation of equipment and sup- 5 plies, and any related chain of command 6 issues on making final decisions on alloca- 7 tions; 8 (iii) the amount and destination of 9 equipment and supplies delivered; 10 (iv) an explanation of why any portion 11 of any contract, whether to replenish the 12 Strategic National Stockpile or otherwise, 13 will not be filled; 14 (v) of products procured under this 15 section, the percentage of such products 16 that are used to replenish the Strategic 17 National Stockpile, that are targeted to 18 COVID–19 hotspots, and that are used for 19 the commercial market; 20 (vi) metrics, formulas, and criteria 21 used to determine COVID–19 hotspots or 22 areas of critical need for a State, county, 23 or an area identified by the Indian Health 24 Service; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00917 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 918 1 (vii) 2 and procurement benchmarks, where practicable; and 3 (viii) results of the consultation with 4 the relevant stakeholders required by sub- 5 paragraph (B)(ii). 6 (E) UPDATES.—The President, in coordi- 7 nation with the National Response Coordination 8 Center of the Federal Emergency Management 9 Agency, the Administrator of the Defense Lo- 10 gistics Agency, the Secretary of Health and 11 Human Services, the Secretary of Veterans Af- 12 fairs, and heads of other Federal agencies (as 13 appropriate), shall update such report every 14 14 days. 15 (F) PUBLIC AVAILABILITY.—The President 16 shall make the report required by this para- 17 graph and each update required by subpara- 18 graph (E) available to the public, including on 19 a Government website. 20 (2) RESPONSE 21 (A) IN TO LONGER-TERM NEEDS.— GENERAL.—Not later than 14 days 22 after the date of enactment of this Act, the 23 President, in coordination with the National 24 Response Coordination Center of the Federal 25 Emergency Management Agency, the Adminis- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 production 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00918 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 919 1 trator of the Defense Logistics Agency, the Sec- 2 retary of Health and Human Services, the Sec- 3 retary of Veterans Affairs, and heads of other 4 Federal agencies (as appropriate), shall submit 5 to the appropriate congressional committees a 6 report containing an assessment of the needs 7 described in subparagraph (B) to combat the 8 COVID–19 pandemic and the plan for meeting 9 such needs during the 6-month period begin- 10 ning on the date of submission of the report. 11 (B) ASSESSMENT.—The report required by 12 this paragraph shall include— 13 (i) an assessment of the elements de- 14 scribe in clauses (i) through (v) and clause 15 (viii) of paragraph (1)(B); and 16 (ii) an assessment of needs related to 17 COVID–19 vaccines and any additional 18 services to address the COVID–19 pan- 19 demic, including services related to health 20 surveillance to ensure that the appropriate 21 level of contact tracing related to detected 22 infections 23 United States. 24 (C) PLAN.—The report required by this 25 paragraph shall include a plan for meeting the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 is available throughout the (763351 3) PO 00000 Frm 00919 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 920 1 longer-term needs to combat the COVID–19 2 pandemic, including the needs described in sub- 3 paragraph (B). This plan shall include— 4 (i) a plan to exercise authorities under 5 the Defense Production Act of 1950 (50 6 U.S.C. 4501 et seq.) necessary to increase 7 the production of the medical equipment, 8 supplies, and services that are essential to 9 meeting the needs identified in subpara- 10 graph (B), including the number of N–95 11 respirator masks and other personal pro- 12 tective equipment needed, based on mean- 13 ingful consultations with relevant stake- 14 holders, by the private sector to resume 15 economic activity and by the public and 16 nonprofit sectors to significantly increase 17 their activities; 18 (ii) results of the consultations with 19 the 20 clause (i)(II); stakeholders required by 21 (iii) an estimate of the funding and 22 other measures necessary to rapidly ex- 23 pand manufacturing production capacity 24 for such equipment and supplies, includ- 25 ing— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 relevant 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00920 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 921 1 (I) any efforts to expand, retool, 2 or reconfigure production lines; 3 (II) any efforts to establish new 4 production lines through the purchase 5 and installation of new equipment; or 6 (III) the issuance of additional 7 contracts, purchase orders, purchase 8 guarantees, or other similar measures; 9 (iv) each contract the Federal Govern- 10 ment has entered into to meet such needs 11 or expand such production, the purpose of 12 each contract, the type and amount of 13 equipment, supplies, or services to be pro- 14 vided under the contract, the entity per- 15 forming such contract, and the dollar 16 amount of each contract; 17 (v) each contract that the Federal 18 Government intends to enter into within 19 14 days after submission of such report, 20 including the information described in 21 clause (iv) for each such contract; 22 (vi) whether any of the contracts de- 23 scribed in clause (iv) or (v) have or will 24 have a priority rating under the Defense 25 Production Act of 1950 (50 U.S.C. 4501 g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00921 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 922 1 et seq.), including purchase orders pursu- 2 ant to Department of Defense Directive 3 4400.1 (or any successor directive), sub- 4 part A of part 101 of title 45, Code of 5 Federal Regulations, or any other applica- 6 ble authority; and 7 (vii) the manner in which the Defense 8 Production Act of 1950 (50 U.S.C. 4501 9 et seq.) could be used to increase services 10 necessary to combat the COVID–19 pan- 11 demic, including services described in sub- 12 paragraph (B)(ii). 13 (D) UPDATES.—The President, in coordi- 14 nation with the National Response Coordination 15 Center of the Federal Emergency Management 16 Agency, the Administrator of the Defense Lo- 17 gistics Agency, the Secretary of Health and 18 Human Services, the Secretary of Veterans Af- 19 fairs, and heads of other Federal agencies (as 20 appropriate), shall update such report every 14 21 days. 22 (E) PUBLIC Presi- 23 dent shall make the report required by this sub- 24 section and each update required by subpara- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AVAILABILITY.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00922 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 923 1 graph (D) available to the public, including on 2 a Government website. 3 (3) REPORT 4 EXERCISING AUTHORITIES UNDER THE DEFENSE PRODUCTION ACT OF 1950.— 5 (A) IN GENERAL.—Not later than 14 days 6 after the date of the enactment of this Act, the 7 President, in consultation with the Adminis- 8 trator of the Federal Emergency Management 9 Agency, the Secretary of Defense, and the Sec- 10 retary of Health and Human Services, shall 11 submit to the appropriate congressional com- 12 mittees a report on the exercise of authorities 13 under titles I, III, and VII of the Defense Pro- 14 duction Act of 1950 (50 U.S.C. 4501 et seq.) 15 prior to the date of such report. 16 (B) CONTENTS.—The report required 17 under subparagraph (A) and each update re- 18 quired under subparagraph (C) shall include, 19 with respect to each exercise of such author- 20 ity— 21 (i) an explanation of the purpose of 22 the applicable contract, purchase order, or 23 other exercise of authority (including an 24 allocation of materials, services, and facili- 25 ties under section 101(a)(2) of the Defense g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ON 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00923 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 924 1 Production 2 4511(a)(2)); 3 of 1950 (50 U.S.C. (ii) the cost of such exercise of au- 4 thority; and 5 (iii) if applicable— 6 (I) the amount of goods that 7 were purchased or allocated; 8 (II) an identification of the entity 9 awarded a contract or purchase order 10 or that was the subject of the exercise 11 of authority; and 12 (III) an identification of any en- 13 tity that had shipments delayed by the 14 exercise of any authority under the 15 Defense Production Act of 1950 (50 16 U.S.C. 4501 et seq.). 17 (C) UPDATES.—The President shall up- 18 date the report required under subparagraph 19 (A) every 14 days. 20 (D) PUBLIC AVAILABILITY.—The Presi- 21 dent shall make the report required by this sub- 22 section and each update required by subpara- 23 graph (C) available to the public, including on 24 a Government website. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 Act 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00924 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 925 1 (4) QUARTERLY REPORTING.—The President 2 shall submit to Congress, and make available to the 3 public (including on a Government website), a quar- 4 terly report detailing all expenditures made pursuant 5 to titles I, III, and VII of the Defense Production 6 Act of 1950 50 U.S.C. 4501 et seq.). 7 8 (5) SUNSET.—The requirements of this subsection shall terminate on the later of— 9 (A) December 31, 2021; or 10 (B) the end of the COVID–19 emergency 11 12 period. (e) ENHANCEMENTS TO THE DEFENSE PRODUCTION 13 ACT OF 1950.— 14 (1) HEALTH EMERGENCY AUTHORITY.—Section 15 107 of the Defense Production Act of 1950 (50 16 U.S.C. 4517) is amended by adding at the end the 17 following: 18 ‘‘(c) HEALTH EMERGENCY AUTHORITY.—With re- 19 spect to a public health emergency declaration by the Sec20 retary of Health and Human Services under section 319 21 of the Public Health Service Act, or preparations for such 22 a health emergency, the Secretary of Health and Human 23 Services and the Administrator of the Federal Emergency 24 Management Agency are authorized to carry out the au- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00925 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 926 1 thorities provided under this section to the same extent 2 as the President.’’. 3 (2) EMPHASIS 4 BY WOMEN, MINORITIES, VETERANS, AND NATIVE 5 AMERICANS.—Section 6 tion Act of 1950 (50 U.S.C. 4518) is amended— 8 ERNIZATION 9 PLIERS’’ 10 OF SMALL BUSINESS and inserting ‘‘SMALL SUP- BUSINESS PARTICIPATION AND FAIR INCLUSION’’; 11 (B) by amending subsection (a) to read as 12 13 108 of the Defense Produc- (A) in the heading, by striking ‘‘MOD- 7 follows: ‘‘(a) PARTICIPATION AND INCLUSION.— 14 ‘‘(1) IN GENERAL.—In providing any assistance 15 under this Act, the President shall accord a strong 16 preference for subcontractors and suppliers that 17 are— 18 ‘‘(A) small business concerns; or 19 ‘‘(B) businesses of any size owned by 20 women, minorities, veterans, and the disabled. 21 ‘‘(2) SPECIAL CONSIDERATION.—To the max- 22 imum extent practicable, the President shall accord 23 the preference described under paragraph (1) to 24 small business concerns and businesses described in 25 paragraph (1)(B) that are located in areas of high g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ON BUSINESS CONCERNS OWNED 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00926 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 927 1 unemployment or areas that have demonstrated a 2 continuing pattern of economic decline, as identified 3 by the Secretary of Labor.’’; and 4 5 (C) by adding at the end the following: ‘‘(c) MINORITY DEFINED.—In this section, the term 6 ‘minority’— 7 ‘‘(1) has the meaning given the term in section 8 308(b) of the Financial Institutions Reform, Recov- 9 ery, and Enforcement Act of 1989; and 10 ‘‘(2) includes any indigenous person in the 11 United States, including any territories of the 12 United States.’’. 13 (3) ADDITIONAL 14 PORT.—Section 15 Act of 1950 (50 U.S.C. 4534(f)(3)) is amended by 16 striking ‘‘year.’’ and inserting ‘‘year, including the 17 percentage 18 amounts to each of the groups described in section 19 108(a)(1)(B) (and, with respect to minorities, 20 disaggregated by ethnic group), and the percentage 21 of the total amount expended during such fiscal year 22 on such contracts.’’. 23 of 304(f)(3) of the Defense Production contracts (4) DEFINITION awarded using Fund OF NATIONAL DEFENSE.—Sec- 24 tion 702(14) of the Defense Production Act of 1950 25 is amended by striking ‘‘and critical infrastructure g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 INFORMATION IN ANNUAL RE- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00927 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 928 1 protection and restoration’’ and inserting ‘‘, critical 2 infrastructure protection and restoration, and health 3 emergency preparedness and response activities’’. 4 (f) SECURING ESSENTIAL MEDICAL MATERIALS.— 5 (1) STATEMENT 2(b) of 6 the Defense Production Act of 1950 (50 U.S.C. 7 4502) is amended— 8 (A) 9 by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), re- 10 spectively; and 11 (B) by inserting after paragraph (2) the 12 following: 13 ‘‘(3) authorities under this Act should be used 14 when appropriate to ensure the availability of med- 15 ical materials essential to national defense, including 16 through measures designed to secure the drug sup- 17 ply chain, and taking into consideration the impor- 18 tance of United States competitiveness, scientific 19 leadership and cooperation, and innovative capac- 20 ity;’’. 21 (2) STRENGTHENING DOMESTIC CAPABILITY.— 22 Section 107 of the Defense Production Act of 1950 23 (50 U.S.C. 4517) is amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF POLICY.—Section 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00928 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 929 1 (A) in subsection (a), by inserting ‘‘(in- 2 cluding medical materials)’’ after ‘‘materials’’; 3 and 4 (B) in subsection (b)(1), by inserting ‘‘(in- 5 cluding medical materials such as drugs to di- 6 agnose, cure, mitigate, treat, or prevent disease 7 that essential to national defense)’’ after ‘‘es- 8 sential materials’’. 9 (3) STRATEGY ON SECURING SUPPLY CHAINS 10 FOR MEDICAL ARTICLES.—Title 11 Production Act of 1950 (50 U.S.C. 4511 et seq.) is 12 amended by adding at the end the following: 13 I of the Defense ‘‘SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR 14 15 MEDICAL MATERIALS. ‘‘(a) IN GENERAL.—Not later than 180 days after 16 the date of the enactment of this section, the President, 17 in consultation with the Secretary of Health and Human 18 Services, the Secretary of Commerce, the Secretary of 19 Homeland Security, and the Secretary of Defense, shall 20 transmit a strategy to the appropriate Members of Con21 gress that includes the following: 22 ‘‘(1) A detailed plan to use the authorities 23 under this title and title III, or any other provision 24 of law, to ensure the supply of medical materials (in- 25 cluding drugs to diagnose, cure, mitigate, treat, or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00929 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 930 1 prevent disease) essential to national defense, to the 2 extent necessary for the purposes of this Act. 3 ‘‘(2) An analysis of vulnerabilities to existing 4 supply chains for such medical articles, and rec- 5 ommendations to address the vulnerabilities. 6 ‘‘(3) Measures to be undertaken by the Presi- 7 dent to diversify such supply chains, as appropriate 8 and as required for national defense; and 9 ‘‘(4) A discussion of— 10 ‘‘(A) any significant effects resulting from 11 the plan and measures described in this sub- 12 section on the production, cost, or distribution 13 of vaccines or any other drugs (as defined 14 under section 201 of the Federal Food, Drug, 15 and Cosmetic Act (21 U.S.C. 321)); 16 ‘‘(B) a timeline to ensure that essential 17 components of the supply chain for medical ma- 18 terials are not under the exclusive control of a 19 foreign government in a manner that the Presi- 20 dent determines could threaten the national de- 21 fense of the United States; and 22 ‘‘(C) efforts to mitigate any risks resulting 23 from the plan and measures described in this 24 subsection to United States competitiveness, 25 scientific leadership, and innovative capacity, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00930 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 931 1 including efforts to cooperate and proactively 2 engage with United States allies. 3 ‘‘(b) PROGRESS REPORT.—Following submission of 4 the strategy under subsection (a), the President shall sub5 mit to the appropriate Members of Congress an annual 6 progress report evaluating the implementation of the 7 strategy, and may include updates to the strategy as ap8 propriate. The strategy and progress reports shall be sub9 mitted in unclassified form but may contain a classified 10 annex. 11 ‘‘(c) APPROPRIATE MEMBERS OF CONGRESS.—The 12 term ‘appropriate Members of Congress’ means the 13 Speaker, majority leader, and minority leader of the 14 House of Representatives, the majority leader and minor15 ity leader of the Senate, the Chairman and Ranking Mem16 ber of the Committees on Armed Services and Financial 17 Services of the House of Representatives, and the Chair18 man and Ranking Member of the Committees on Armed 19 Services and Banking, Housing, and Urban Affairs of the 20 Senate.’’. 21 (g) GAO REPORT.— 22 (1) IN later than 270 days 23 after the date of the enactment of this Act, and an- 24 nually thereafter, the Comptroller General of the 25 United States shall submit to the appropriate con- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00931 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 932 1 gressional committees a report on ensuring that the 2 United States Government has access to the medical 3 supplies and equipment necessary to respond to fu- 4 ture pandemics and public health emergencies, in- 5 cluding recommendations with respect to how to en- 6 sure that the United States supply chain for diag- 7 nostic tests (including serological tests), personal 8 protective equipment, vaccines, and therapies is bet- 9 ter equipped to respond to emergencies, including 10 through the use of funds in the Defense Production 11 Act Fund under section 304 of the Defense Produc- 12 tion Act of 1950 (50 U.S.C. 4534) to address short- 13 ages in that supply chain. 14 (2) REVIEW 15 (A) IN GENERAL.—Not later than 30 days 16 after each of the submission of the reports de- 17 scribed in paragraphs (1) and (2) of subsection 18 (d), the Comptroller General of the United 19 States shall submit to the appropriate congres- 20 sional committees an assessment of such re- 21 ports, including identifying any gaps and pro- 22 viding any recommendations regarding the sub- 23 ject matter in such reports. 24 (B) MONTHLY 25 12:13 May 12, 2020 REVIEW.—Not later than a month after the submission of the assessment g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF ASSESSMENT AND PLAN.— Jkt 000000 (763351 3) PO 00000 Frm 00932 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 933 1 under subparagraph (A), and monthly there- 2 after, the Comptroller General shall issue a re- 3 port to the appropriate congressional commit- 4 tees with respect to any updates to the reports 5 described in paragraph (1) and (2) of sub- 6 section (d) that were issued during the previous 7 1-month period, containing an assessment of 8 such updates, including identifying any gaps 9 and providing any recommendations regarding 10 11 the subject matter in such updates. (h) DEFINITIONS.—In this section: 12 (1) APPROPRIATE COMMIT- 13 TEES.—The 14 mittees’’ means the Committees on Appropriations, 15 Armed Services, Energy and Commerce, Financial 16 Services, Homeland Security, and Veterans’ Affairs 17 of the House of Representatives and the Committees 18 on Appropriations, Armed Services, Banking, Hous- 19 ing, and Urban Affairs, Health, Education, Labor, 20 and Pensions, Homeland Security and Governmental 21 Affairs, and Veterans’ Affairs of the Senate. 22 (2) term ‘‘appropriate congressional com- COVID–19 EMERGENCY PERIOD.—The 23 term ‘‘COVID–19 emergency period’’ means the pe- 24 riod beginning on the date of enactment of this Act 25 and ending after the end of the incident period for g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CONGRESSIONAL 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00933 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 934 1 the emergency declared on March 13, 2020, by the 2 President under Section 501 of the Robert T. Staf- 3 ford Disaster Relief and Emergency Assistance Act 4 (42 U.S.C. 4121 et seq.) relating to the Coronavirus 5 Disease 2019 (COVID–19) pandemic. 6 (3) RELEVANT 7 STAKEHOLDER.—The term ‘‘rel- evant stakeholder’’ means— 8 (A) representative private sector entities; 9 (B) representatives of the nonprofit sector; 10 and 11 (C) representatives of labor organizations 12 representing workers, including unions that rep- 13 resent health workers, manufacturers, public 14 sector employees, and service sector workers. 15 (4) STATE.—The term ‘‘State’’ means each of 16 the several States, the District of Columbia, the 17 Commonwealth of Puerto Rico, and any territory or 18 possession of the United States. 19 TITLE II—PROTECTING RENTERS AND HOME20 OWNERS 21 CLOSURES 22 FROM EVICTIONS AND FORE- SEC. 110201. EMERGENCY RENTAL ASSISTANCE. 23 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 24 authorized to be appropriated to the Secretary of Housing 25 and Urban Development (referred to in this section as the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00934 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 935 1 ‘‘Secretary’’) $100,000,000,000 for an additional amount 2 for grants under the Emergency Solutions Grants pro3 gram under subtitle B of title IV of the McKinney-Vento 4 Homeless Assistance Act (42 U.S.C. 11371 et seq.), to 5 remain available until expended (subject to subsections (d) 6 and (n) of this section), to be used for providing short7 or medium-term assistance with rent and rent-related 8 costs (including tenant-paid utility costs, utility- and rent9 arrears, fees charged for those arrears, and security and 10 utility deposits) in accordance with paragraphs (4) and (5) 11 of section 415(a) of such Act (42 U.S.C. 11374(a)) and 12 this section. 13 (b) DEFINITION OF AT RISK OF HOMELESSNESS.— 14 Notwithstanding section 401(1) of the McKinney-Vento 15 Homeless Assistance Act (42 U.S.C. 11360(1)), for pur16 poses of assistance made available with amounts made 17 available pursuant to subsection (a), the term ‘‘at risk of 18 homelessness’’ means, with respect to an individual or 19 family, that the individual or family— 20 (1) has an income below 80 percent of the me- 21 dian income for the area as determined by the Sec- 22 retary; and 23 (2) has an inability to attain or maintain hous- 24 ing stability or has insufficient resources to pay for 25 rent or utilities due to financial hardships. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00935 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 936 1 (c) INCOME TARGETING AND CALCULATION.—For 2 purposes of assistance made available with amounts made 3 available pursuant to subsection (a)— 4 (1) each recipient of such amounts shall use— 5 (A) not less than 40 percent of the 6 amounts received only for providing assistance 7 for individuals or families experiencing home- 8 lessness, or for persons or families at risk of 9 homelessness who have incomes not exceeding 10 30 percent of the median income for the area 11 as determined by the Secretary; 12 (B) not less than 70 percent of the 13 amounts received only for providing assistance 14 for individuals or families experiencing home- 15 lessness, or for persons or families at risk of 16 homelessness who have incomes not exceeding 17 50 percent of the median income for the area 18 as determined by the Secretary; and 19 (C) the remainder of the amounts received 20 only for providing assistance to individuals or 21 families experiencing homelessness, or for per- 22 sons or families at risk of homelessness who 23 have incomes not exceeding 80 percent of the 24 median income for the area as determined by 25 the Secretary, but such recipient may establish g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00936 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 937 1 a higher percentage limit for purposes of sub- 2 section (b)(1), which shall not in any case ex- 3 ceed 120 percent of the area median income, if 4 the recipient states that it will serve such popu- 5 lation in its plan; and 6 (2) in determining the income of a household 7 for homelessness prevention assistance— 8 (A) the calculation of income performed at 9 the time of application for such assistance, in- 10 cluding arrearages, shall consider only income 11 that the household is currently receiving at such 12 time and any income recently terminated shall 13 not be included; 14 (B) any calculation of income performed 15 with respect to households receiving ongoing as- 16 sistance (such as medium-term rental assist- 17 ance) 3 months after initial receipt of assist- 18 ance shall consider only the income that the 19 household is receiving at the time of such re- 20 view; and 21 (C) the calculation of income performed 22 with respect to households receiving assistance 23 for arrearages shall consider only the income 24 that the household was receiving at the time 25 such arrearages were incurred. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00937 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 938 1 (d) 3-YEAR AVAILABILITY.— 2 3 (1) IN recipient of amounts made available pursuant to subsection (a) shall— 4 (A) expend not less than 60 percent of 5 such grant amounts within 2 years of the date 6 that such funds became available to the recipi- 7 ent for obligation; and 8 (B) expend 100 percent of such grant 9 amounts within 3 years of such date. 10 (2) REALLOCATION AFTER 2 YEARS.—The Sec- 11 retary may recapture any amounts not expended in 12 compliance with paragraph (1)(A) and reallocate 13 such amounts to recipients in compliance with the 14 formula referred to in subsection (h)(1)(A). 15 (e) RENT RESTRICTIONS.— 16 (1) INAPPLICABILITY.—Section 576.106(d) of 17 title 24, Code of Federal Regulations, shall not 18 apply with respect to homelessness prevention assist- 19 ance made available with amounts made available 20 under subsection (a). 21 (2) AMOUNT OF RENTAL ASSISTANCE.—In pro- 22 viding homelessness prevention assistance with 23 amounts made available under subsection (a), the 24 maximum amount of rental assistance that may be 25 provided shall be the greater of— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Each 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00938 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 939 1 (A) 120 percent of the higher of— 2 (i) the Fair Market Rent established 3 by the Secretary for the metropolitan area 4 or county; or 5 (ii) the applicable Small Area Fair 6 Market Rent established by the Secretary; 7 or 8 (B) such higher amount as the Secretary 9 shall determine is needed to cover market rents 10 in the area. 11 (f) SUBLEASES.—A recipient shall not be prohibited 12 from providing assistance authorized under subsection (a) 13 with respect to subleases that are valid under State law. 14 15 (g) HOUSING RELOCATION TIVITIES.—A OR STABILIZATION AC- recipient of amounts made available pursu- 16 ant to subsection (a) may expend up to 25 percent of its 17 allocation for activities under section 415(a)(5) of the 18 McKinney-Vento Homeless Assistance Act (42 U.S.C. 19 11374(a)(5)), except that notwithstanding such section, 20 activities authorized under this subsection may be pro21 vided only for individuals or families who have incomes 22 not exceeding 50 percent of the area median income and 23 meet the criteria in subsection (b)(2) of this section or 24 section 103 of the McKinney-Vento Homeless Assistance 25 Act (42 U.S.C. 11302). This subsection shall not apply g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00939 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 940 1 to rent-related costs that are specifically authorized under 2 subsection (a) of this section. 3 (h) ALLOCATION OF ASSISTANCE.— 4 (1) IN allocating amounts made 5 available pursuant to subsection (a), the Secretary 6 shall— 7 (A)(i) for any purpose authorized in this 8 section— 9 (I) allocate 2 percent of such amount 10 for Indian tribes and tribally designated 11 housing entities (as such terms are defined 12 in section 4 of the Native American Hous- 13 ing Assistance and Self-Determination Act 14 of 1996 (25 U.S.C. 4103)) under the for- 15 mula established pursuant to section 302 16 of such Act (25 U.S.C. 4152), except that 17 0.3 percent of the amount allocated under 18 this clause shall be allocated for the De- 19 partment of Hawaiian Home Lands; and 20 (II) allocate 0.3 percent of such 21 amount for the Virgin Islands, Guam, 22 American Samoa, and the Northern Mar- 23 iana Islands; 24 (ii) not later than 30 days after the date 25 of enactment of this Act, obligate and disburse g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00940 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 941 1 the amounts allocated pursuant to clause (i) in 2 accordance with such allocations and provide 3 such recipient with any necessary guidance for 4 use of the funds; and 5 (B)(i) not later than 7 days after the date 6 of enactment of this Act and after setting aside 7 amounts under subparagraph (A), allocate 50 8 percent of any such remaining amounts under 9 the formula specified in subsections (a), (b), 10 and (e) of section 414 of the McKinney-Vento 11 Homeless Assistance Act (42 U.S.C. 11373) 12 for, and notify, each State, metropolitan city, 13 and urban county that is to receive a direct 14 grant of such amounts; and 15 (ii) not later than 30 days after the date 16 of enactment of this Act, obligate and disburse 17 the amounts allocated pursuant to clause (i) in 18 accordance with such allocations and provide 19 such recipient with any necessary guidance for 20 use of the funds; and 21 (C)(i) not later than 45 days after the date 22 of enactment of this Act, allocate any remaining 23 amounts for eligible recipients according to a 24 formula to be developed by the Secretary that 25 takes into consideration the formula referred to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00941 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 942 1 in subparagraph (A) and the need for emer- 2 gency rental assistance under this section, in- 3 cluding the severe housing cost burden among 4 extremely low- and very low-income renters and 5 disruptions in housing and economic conditions, 6 including unemployment; and 7 (ii) not later than 30 days after the date 8 of the allocation of such amounts pursuant to 9 clause (i), obligate and disburse such amounts 10 in accordance with such allocations. 11 (2) ALLOCATIONS 12 (A) IN GENERAL.—Notwithstanding sub- 13 section (a) of section 414 of the McKinney- 14 Vento Homeless Assistance Act (42 U.S.C. 15 11373(a)) and section 576.202(a) of title 24, 16 Code of Federal Regulations, a State recipient 17 of an allocation under this section may elect to 18 use up to 100 percent of its allocation to carry 19 out activities eligible under this section directly. 20 (B) REQUIREMENT.—Any State recipient 21 making an election described in subparagraph 22 (A) shall serve households throughout the entire 23 State, including households in rural commu- 24 nities and small towns. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO STATES.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00942 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 943 1 (3) ELECTION NOT TO ADMINISTER.—If a re- 2 cipient other than a State elects not to receive funds 3 under this section, such funds shall be allocated to 4 the State recipient in which the recipient is located. 5 (4) PARTNERSHIPS, SUBGRANTS, AND CON- 6 TRACTS.—A 7 may distribute funds through partnerships, sub- 8 grants, or contracts with an entity, such as a public 9 housing agency (as such term is defined in section 10 3(b) of the United States Housing Act of 1937 (42 11 U.S.C. 1437a(b))), that is capable of carrying activi- 12 ties under this section. 13 (5) REVISION recipient of a grant under this section TO RULE.—The Secretary shall 14 revise section 576.3 of tile 24, Code of Federal Reg- 15 ulations, to change the set aside for allocation to the 16 territories to exactly 0.3 percent. 17 (i) 18 INAPPLICABILITY MENT.—Subsection MATCHING OF REQUIRE- (a) of section 416 of the McKinney- 19 Vento Homeless Assistance Act (42 U.S.C. 11375(a)) 20 shall not apply to any amounts made available pursuant 21 to subsection (a) of this section. 22 (j) REIMBURSEMENT OF ELIGIBLE ACTIVITIES.— 23 Amounts made available pursuant to subsection (a) may 24 be used by a recipient to reimburse expenditures incurred g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00943 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 944 1 for eligible activities under this section after March 27, 2 2020. 3 (k) PROHIBITION ON PREREQUISITES.—None of the 4 funds made available pursuant to this section may be used 5 to require any individual receiving assistance under the 6 program under this section to receive treatment or per7 form any other prerequisite activities as a condition for 8 receiving shelter, housing, or other services. 9 (l) WAIVERS 10 (1) IN ALTERNATIVE REQUIREMENTS.— GENERAL.— 11 (A) AUTHORITY.—In administering the 12 amounts made available pursuant to subsection 13 (a), the Secretary may waive, or specify alter- 14 native requirements for, any provision of any 15 statute or regulation that the Secretary admin- 16 isters in connection with the obligation by the 17 Secretary or the use by the recipient of such 18 amounts (except for requirements related to fair 19 housing, nondiscrimination, labor standards, 20 prohibition on prerequisites, minimum data re- 21 porting, and the environment), if the Secretary 22 finds that good cause exists for the waiver or 23 alternative requirement and such waiver or al- 24 ternative requirement is necessary to expedite 25 the use of funds made available pursuant to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AND 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00944 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 945 1 this section, to respond to public health orders 2 or conditions related to the COVID-19 emer- 3 gency, or to ensure that eligible individuals can 4 attain or maintain housing stability. 5 (B) PUBLIC Secretary shall 6 notify the public through the Federal Register 7 or other appropriate means of any waiver or al- 8 ternative requirement under this paragraph, 9 and that such public notice shall be provided, at 10 a minimum, on the internet at the appropriate 11 Government website or through other electronic 12 media, as determined by the Secretary. 13 (C) ELIGIBILITY REQUIREMENTS.—Eligi- 14 bility for rental assistance or housing relocation 15 and stabilization services shall not be restricted 16 based upon the prior receipt of assistance under 17 the program during the preceding three years. 18 (2) PUBLIC 19 HEARINGS.— (A) INAPPLICABILITY 20 ING 21 EMERGENCY.— 22 (i) IN REQUIREMENTS OF IN-PERSON HEAR- DURING GENERAL.—A THE COVID-19 recipient under 23 this section shall not be required to hold 24 in-person public hearings in connection 25 with its citizen participation plan, but shall g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 NOTICE.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00945 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 946 1 provide citizens with notice, including pub- 2 lication of its plan for carrying out this 3 section on the internet, and a reasonable 4 opportunity to comment of not less than 5 5 days. 6 (ii) OF IN-PERSON 7 HEARING REQUIREMENTS.—After 8 riod beginning on the date of enactment of 9 this Act and ending on the date of the ter- 10 mination by the Federal Emergency Man- 11 agement Agency of the emergency declared 12 on March 13, 2020, by the President 13 under the Robert T. Stafford Disaster Re- 14 lief and Emergency Assistance Act (42 15 U.S.C. 4121 et seq.) relating to the 16 Coronavirus Disease 2019 (COVID-19) 17 pandemic, and after the period described 18 in subparagraph (B), the Secretary shall 19 direct recipients under this section to re- 20 sume pre-crisis public hearing require- 21 ments. 22 (B) VIRTUAL 23 (i) IN the pe- PUBLIC HEARINGS.— GENERAL.—During the period 24 that national or local health authorities 25 recommend social distancing and limiting g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RESUMPTION 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00946 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 947 1 public gatherings for public health reasons, 2 a recipient may fulfill applicable public 3 hearing requirements for all grants from 4 funds made available pursuant to this sec- 5 tion by carrying out virtual public hear- 6 ings. 7 (ii) REQUIREMENTS.—Any virtual 8 hearings held under clause (i) by a recipi- 9 ent under this section shall provide reason- 10 able notification and access for citizens in 11 accordance with the recipient’s certifi- 12 cations, timely responses from local offi- 13 cials to all citizen questions and issues, 14 and public access to all questions and re- 15 sponses. 16 (m) CONSULTATION.—In addition to any other cit- 17 izen participation and consultation requirements, in devel18 oping and implementing a plan to carry out this section, 19 each recipient of funds made available pursuant to this 20 section shall consult with the applicable Continuum or 21 Continuums of Care for the area served by the recipient 22 and organizations representing underserved communities 23 and populations and organizations with expertise in af24 fordable housing, fair housing, and services for people with 25 disabilities. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00947 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 948 1 (n) ADMINISTRATION.— 2 (1) BY 3 any amounts made available pursuant to subsection (a)— 4 (A) not more than the lesser of 0.5 per- 5 cent, or $15,000,000, may be used by the Sec- 6 retary for staffing, training, technical assist- 7 ance, technology, monitoring, research, and 8 evaluation activities necessary to carry out the 9 program carried out under this section, and 10 such amounts shall remain available until Sep- 11 tember 30, 2024; and 12 (B) not more than $2,000,000 shall be 13 available to the Office of the Inspector General 14 for audits and investigations of the program au- 15 thorized under this section. 16 (2) BY RECIPIENTS.—Notwithstanding section 17 576.108 of title 24 of the Code of Federal Regula- 18 tions, with respect to amounts made available pursu- 19 ant to this section, a recipient may use up to 10 per- 20 cent of the recipient’s grant for payment of adminis- 21 trative costs related to the planning and execution of 22 activities. 23 SEC. 110202. HOMEOWNER ASSISTANCE FUND. 24 (a) DEFINITIONS.—In this section: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 SECRETARY.—Of 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00948 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 949 1 (1) FUND.—The term ‘‘Fund’’ means the 2 Homeowner Assistance Fund established under sub- 3 section (b). 4 5 (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Treasury. 6 (3) STATE.—The term ‘‘State’’ means any 7 State of the United States, the District of Columbia, 8 any territory of the United States, Puerto Rico, 9 Guam, American Samoa, the Virgin Islands, and the 10 Northern Mariana Islands. 11 (b) ESTABLISHMENT OF FUND.—There is estab- 12 lished at the Department of the Treasury a Homeowner 13 Assistance Fund to provide such funds as are made avail14 able under subsection (g) to State housing finance agen15 cies for the purpose of preventing homeowner mortgage 16 defaults, foreclosures, and displacements of individuals 17 and families experiencing financial hardship after January 18 21, 2020. 19 (c) ALLOCATION OF FUNDS.— 20 (1) ADMINISTRATION.—Of any amounts made 21 available for the Fund, the Secretary of the Treas- 22 ury may allocate, in the aggregate, an amount not 23 exceeding 5 percent— 24 (A) to the Office of Financial Stability es- 25 tablished under section 101(a) of the Emer- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00949 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 950 1 gency Economic Stabilization Act of 2008 (12 2 U.S.C. 5211(a)) to administer and oversee the 3 Fund, and to provide technical assistance to 4 States for the creation and implementation of 5 State programs to administer assistance from 6 the Fund; and 7 (B) to the Inspector General of the De- 8 partment of the Treasury for oversight of the 9 program under this section. 10 (2) FOR Secretary shall establish 11 such criteria as are necessary to allocate the funds 12 available within the Fund for each State. The Sec- 13 retary shall allocate such funds among all States 14 taking into consideration the number of unemploy- 15 ment claims within a State relative to the nationwide 16 number of unemployment claims. 17 (3) SMALL STATE MINIMUM.—The amount allo- 18 cated for each State shall not be less than 19 $250,000,000. 20 (4) SET-ASIDE FOR INSULAR AREAS.—Notwith- 21 standing any other provision of this section, of the 22 amounts appropriated under subsection (g), the Sec- 23 retary shall reserve $200,000,000 to be disbursed to 24 Guam, American Samoa, the Virgin Islands, and the 25 Northern Mariana Islands based on each such terri- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 STATES.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00950 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 951 1 tory’s share of the combined total population of all 2 such territories, as determined by the Secretary. For 3 the purposes of this paragraph, population shall be 4 determined based on the most recent year for which 5 data are available from the United States Census 6 Bureau. 7 8 (5) SET-ASIDE HAWAIIANS.—— 9 (A) INDIAN TRIBES.—Notwithstanding any 10 other provision of this section, of the amounts 11 appropriated under subsection (g), the Sec- 12 retary shall use 5 percent to make grants in ac- 13 cordance with subsection (f) to eligible recipi- 14 ents for the purposes described in subsection 15 (e)(1). 16 (B) NATIVE HAWAIIANS.— Of the funds 17 set aside under subparagraph (A), the Sec- 18 retary shall use 0.3 percent to make grants to 19 the Department of Hawaiian Home Lands in 20 accordance with subsection (f) for the purposes 21 described in subsection (e)(1). 22 (d) DISBURSEMENT OF FUNDS.— 23 (1) ADMINISTRATION.—Except for amounts 24 made available for assistance under subsection (f), 25 State housing finance agencies shall be primarily re- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR INDIAN TRIBES AND NATIVE 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00951 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 952 1 sponsible for administering amounts disbursed from 2 the Fund, but may delegate responsibilities and sub- 3 allocate amounts to community development finan- 4 cial institutions and State agencies that administer 5 Low-Income Home Energy Assistance Program of 6 the Department of Health and Human Services. 7 (2) NOTICE Secretary shall 8 provide public notice of the amounts that will be 9 made available to each State and the method used 10 for determining such amounts not later than the ex- 11 piration of the 14-day period beginning on the date 12 of the enactment of this Act of enactment. 13 (3) SHFA PLANS.— 14 (A) ELIGIBILITY.—To be eligible to receive 15 funding allocated for a State under the section, 16 a State housing finance agency for the State 17 shall submit to the Secretary a plan for the im- 18 plementation of State programs to administer, 19 in part or in full, the amount of funding the 20 state is eligible to receive, which shall provide 21 for the commencement of receipt of applications 22 by homeowners for assistance, and funding of 23 such applications, not later than the expiration 24 of the 6-month period beginning upon the ap- 25 proval under this paragraph of such plan. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF FUNDING.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00952 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 953 1 (B) MULTIPLE A State housing 2 finance agency may submit multiple plans, each 3 covering a separate portion of funding for 4 which the State is eligible. 5 (C) TIMING.— The Secretary shall approve 6 or disapprove a plan within 30 days after the 7 plan’s submission and, if disapproved, explain 8 why the plan could not be approved. 9 (D) DISBURSEMENT UPON APPROVAL.— 10 The Secretary shall disburse to a State housing 11 finance agency the appropriate amount of fund- 12 ing upon approval of the agency’s plan. 13 (E) AMENDMENTS.—A State housing fi- 14 nance agency may subsequently amend a plan 15 that has previously been approved, provided 16 that any plan amendment shall be subject to 17 the approval of the Secretary. The Secretary 18 shall approve any plan amendment or dis- 19 approve such amendment explain why the plan 20 amendment could not be approved within 45 21 days after submission to the Secretary of such 22 amendment. 23 (F) TECHNICAL 24 12:13 May 12, 2020 ASSISTANCE.—The Sec- retary shall provide technical assistance for any g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PLANS.—. Jkt 000000 (763351 3) PO 00000 Frm 00953 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 954 1 State housing finance agency that twice fails to 2 have a submitted plan approved. 3 (4) PLAN Secretary shall, 4 not later than 30 days after the date of the enact- 5 ment of this Act, publish templates that States may 6 utilize in drafting the plans required under para- 7 graph (3)(A). The template plans shall include 8 standard program terms and requirements, as well 9 as any required legal language, which State housing 10 finance agencies may modify with the consent of the 11 Secretary. 12 (e) PERMISSIBLE USES OF FUND.— 13 (1) IN GENERAL.—Funds made available to 14 State housing finance agencies pursuant to this sec- 15 tion may be used for the purposes established under 16 subsection (b), which may include— 17 (A) mortgage payment assistance, includ- 18 ing financial assistance to allow a borrower to 19 reinstate their mortgage or to achieve a more 20 affordable mortgage payment, which may in- 21 clude principal reduction or rate reduction, pro- 22 vided that any mortgage payment assistance is 23 tailored to a borrower’s needs and their ability 24 to repay, and takes into consideration the loss 25 mitigation options available to the borrower; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TEMPLATES.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00954 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 955 1 (B) assistance with payment of taxes, haz- 2 ard insurance, flood insurance, mortgage insur- 3 ance, or homeowners’ association fees; 4 (C) utility payment assistance, including 5 electric, gas, water, and internet service, includ- 6 ing broadband internet access service (as such 7 term is defined in section 8.1(b) of title 47, 8 Code of Federal Regulations (or any successor 9 regulation)); 10 (D) reimbursement of funds expended by a 11 State or local government during the period be- 12 ginning on January 21, 2020, and ending on 13 the date that the first funds are disbursed by 14 the State under the Fund, for the purpose of 15 providing housing or utility assistance to indi- 16 viduals or otherwise providing funds to prevent 17 foreclosure or eviction of a homeowner or pre- 18 vent mortgage delinquency or loss of housing or 19 critical utilities as a response to the coronavirus 20 disease 2019 (COVID–19) pandemic; and 21 (E) any other assistance for homeowners 22 to prevent eviction, mortgage delinquency or de- 23 fault, foreclosure, or the loss of essential utility 24 services. 25 (2) TARGETING.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00955 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 956 1 (A) REQUIREMENT.—Not less than 60 per- 2 cent of amounts made available for each State 3 or other entity allocated amounts under sub- 4 section (c) shall be used for activities under 5 paragraph (1) that assist homeowners having 6 incomes equal to or less than 80 percent of the 7 area median income. 8 (B) DETERMINATION In de- 9 termining the income of a household for pur- 10 poses of this paragraph, income shall be consid- 11 ered to include only income that the household 12 is receiving at the time of application for assist- 13 ance from the Fund and any income recently 14 terminated shall not be included, except that for 15 purposes of households receiving assistance for 16 arrearages income shall include only the income 17 that the household was receiving at the time 18 such arrearages were incurred. 19 (C) LANGUAGE ASSISTANCE.—Each State 20 housing finance agency or other entity allocated 21 amounts under subsection (c) shall make avail- 22 able to each applicant for assistance from 23 amounts from the Fund language assistance in 24 any language that such language assistance is 25 available in and shall provide notice to each g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF INCOME.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00956 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 957 1 such applicant that such language assistance is 2 available. 3 (3) ADMINISTRATIVE more 4 than 15 percent of the amount allocated to a State 5 pursuant to subsection (c) may be used by a State 6 housing financing agency for administrative ex- 7 penses. Any amounts allocated to administrative ex- 8 penses that are no longer necessary for administra- 9 tive expenses may be used in accordance with para- 10 graph (1). 11 (f) TRIBAL 12 AND NATIVE HAWAIIAN ASSISTANCE.— (1) DEFINITIONS.—In this subsection: 13 (A) DEPARTMENT OF HAWAIIAN HOME 14 LANDS.—The 15 Home Lands’’ has the meaning given the term 16 in section 801 of the Native American Housing 17 Assistance and Self-Determination Act of 1996 18 (42 U.S.C. 4221). 19 term ‘‘Department of Hawaiian (B) ELIGIBLE RECIPIENT.—The term ‘‘eli- 20 gible recipient’’ means any entity eligible to re- 21 ceive a grant under section 101 of the Native 22 American Housing Assistance and Self-Deter- 23 mination Act of 1996 (25 U.S.C. 4111). 24 (2) REQUIREMENTS.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 EXPENSES.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00957 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 958 1 (A) ALLOCATION.—Except for the funds 2 set aside under subsection (c)(5)(B), the Sec- 3 retary shall allocate the funds set aside under 4 subsection (c)(5)(A) using the allocation for- 5 mula described in subpart D of part 1000 of 6 title 24, Code of Federal Regulations (or any 7 successor regulations). 8 (B) NATIVE HAWAIIANS.—The Secretary 9 shall use the funds made available under sub- 10 section (c)(5)(B) in accordance with part 1006 11 of title 24, Code of Federal Regulations (or suc- 12 cessor regulations). 13 (3) TRANSFER.—The Secretary shall transfer 14 any funds made available under subsection (c)(5) 15 that have not been allocated by an eligible recipient 16 or the Department of Hawaiian Home Lands, as ap- 17 plicable, to provide the assistance described in sub- 18 section (e)(1) by December 31, 2030, to the Sec- 19 retary of Housing and Urban Development to carry 20 out the Native American Housing Assistance and 21 Self-Determination Act of 1996 (25 U.S.C. 4101 et 22 seq.). 23 (g) FUNDING.—There is appropriated, out of any 24 funds in the Treasury not otherwise appropriated, to the 25 Homeowner Assistance Fund established under subsection g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00958 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 959 1 (b), $75,000,000,000, to remain available until expended 2 or transferred or credited under subsection (i). 3 (h) USE OF HOUSING FINANCE AGENCY INNOVATION 4 FUND FOR THE HARDEST HIT HOUSING MARKETS 5 FUNDS.—A State housing finance agency may reallocate 6 any administrative or programmatic funds it has received 7 as an allocation from the Housing Finance Agency Inno8 vation Fund for the Hardest Hit Housing Markets created 9 pursuant to section 101(a) of the Emergency Economic 10 Stabilization Act of 2008 (12 U.S.C. 5211(a)) that have 11 not been otherwise allocated or disbursed as of the date 12 of enactment of this Act to supplement any administrative 13 or programmatic funds received from the Housing Assist14 ance Fund. Such reallocated funds shall not be considered 15 when allocating resources from the Housing Assistance 16 Fund using the process established under subsection (c) 17 and shall remain available for the uses permitted and 18 under the terms and conditions established by the contract 19 with Secretary created pursuant to subsection (d)(1) and 20 the terms of subsection (i). 21 (i) REPORTING REQUIREMENTS.—The Secretary 22 shall provide public reports not less frequently than quar23 terly regarding the use of funds provided by the Home24 owner Assistance Fund. Such reports shall include the fol25 lowing data by State and by program within each State, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00959 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 960 1 both for the past quarter and throughout the life of the 2 program— 3 (1) the amount of funds allocated; 4 (2) the amount of funds disbursed; 5 (3) the number of households and individuals 6 assisted; 7 (4) the acceptance rate of applicants; 8 (5) the type or types of assistance provided to 9 each household; 10 (6) whether the household assisted had a feder- 11 ally backed loan and identification of the Federal en- 12 tity backing such loan; 13 (7) the average amount of funding provided per 14 household receiving assistance and per type of as- 15 sistance provided; 16 (8) the average number of monthly payments 17 that were covered by the funding amount that a 18 household received, as applicable, disaggregated by 19 type of assistance provided; 20 21 (9) the income level of each household receiving assistance; and 22 23 (10) the outcome 12 months after the household has received assistance. 24 Each report under this subsection shall disaggregate the 25 information provided under paragraphs (3) through (10) g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00960 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 961 1 by State, zip code, racial and ethnic composition of the 2 household, and whether or not the person from the house3 hold applying for assistance speaks English as a second 4 language. 5 SEC. 110203. PROTECTING RENTERS AND HOMEOWNERS 6 FROM EVICTIONS AND FORECLOSURES. 7 (a) EVICTION MORATORIUM.—The CARES Act is 8 amended by striking section 4024 (15 U.S.C. 9058; Public 9 Law 116-136; 134 Stat. 492) and inserting the following 10 new section: 11 ‘‘SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FIL- 12 13 INGS. ‘‘(a) CONGRESSIONAL FINDINGS.—The Congress 14 finds that— 15 ‘‘(1) according to the 2018 American Commu- 16 nity Survey, 36 percent of households in the United 17 States—more than 43 million households—are rent- 18 ers; 19 20 ‘‘(2) in 2019 alone, renters in the United States paid $512 billion in rent; 21 ‘‘(3) according to the Joint Center for Housing 22 Studies of Harvard University, 20.8 million renters 23 in the United States spent more than 30 percent of 24 their incomes on housing in 2018 and 10.9 million g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00961 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 962 1 renters spent more than 50 percent of their incomes 2 on housing in the same year; 3 ‘‘(4) according to data from the Department of 4 Labor, more than 30 million people have filed for 5 unemployment since the COVID-19 pandemic began; 6 ‘‘(5) the impacts of the spread of COVID-19, 7 which is now considered a global pandemic, are ex- 8 pected to negatively impact the incomes of poten- 9 tially millions of renter households, making it dif- 10 ficult for them to pay their rent on time; and 11 ‘‘(6) evictions in the current environment would 12 increase homelessness and housing instability which 13 would be counterproductive towards the public 14 health goals of keeping individuals in their homes to 15 the greatest extent possible. 16 ‘‘(b) MORATORIUM.—During the period beginning on 17 the date of the enactment of this Act and ending 12 18 months after such date of enactment, the lessor of a cov19 ered dwelling located in such State may not make, or 20 cause to be made, any filing with the court of jurisdiction 21 to initiate a legal action to recover possession of the cov22 ered dwelling from the tenant for nonpayment of rent or 23 other fees or charges. 24 ‘‘(c) DEFINITIONS.—For purposes of this section, the 25 following definitions shall apply: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00962 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 963 1 ‘‘(1) COVERED DWELLING.—The term ‘covered 2 dwelling’ means a dwelling that is occupied by a ten- 3 ant— 4 ‘‘(A) pursuant to a residential lease; or 5 ‘‘(B) without a lease or with a lease ter- 6 minable at will under State law. 7 ‘‘(2) DWELLING.—The term ‘dwelling’ has the 8 meaning given such term in section 802 of the Fair 9 Housing Act (42 U.S.C. 3602) and includes houses 10 and dwellings described in section 803(b) of such 11 Act (42 U.S.C. 3603(b)). 12 ‘‘(d) NOTICE TO VACATE AFTER MORATORIUM EXPI- 13 RATION DATE.—After the expiration of the period de- 14 scribed in subsection (b), the lessor of a covered dwelling 15 may not require the tenant to vacate the covered dwelling 16 by reason of nonpayment of rent or other fees or charges 17 before the expiration of the 30-day period that begins 18 upon the provision by the lessor to the tenant, after the 19 expiration of the period described in subsection (b), of a 20 notice to vacate the covered dwelling.’’. 21 (b) MORTGAGE RELIEF.— 22 (1) FORBEARANCE 23 TORIUM FOR COVERED MORTGAGE LOANS.—Section 24 4022 of the CARES Act (15 U.S.C. 9056) is 25 amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AND FORECLOSURE MORA- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00963 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 964 1 (A) by striking ‘‘Federally backed mort- 2 gage loan’’ each place such term appears and 3 inserting ‘‘covered mortgage loan’’; and 4 (B) in subsection (a)— 5 (i) by amending paragraph (2) to read 6 as follows: 7 ‘‘(2) COVERED term 8 ‘covered mortgage loan’ means any credit trans- 9 action that is secured by a mortgage, deed of trust, 10 or other equivalent consensual security interest on a 11 1- to 4-unit dwelling or on residential real property 12 that includes a 1- to 4-unit dwelling, except that it 13 shall not include a credit transaction under an open 14 end credit plan other than a reverse mortgage.’’; and 15 (ii) by adding at the end the fol- 16 lowing: 17 ‘‘(3) COVERED PERIOD.—With respect to a 18 loan, the term ‘covered period’ means the period be- 19 ginning on the date of enactment of this Act and 20 ending 12 months after such date of enactment.’’. 21 (2) AUTOMATIC FORBEARANCE FOR DELIN- 22 QUENT 23 CARES Act (15 U.S.C. 9056(c)), as amended by 24 paragraph (5) of this subsection, is further amended 25 by adding at the end the following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MORTGAGE LOAN.—The 12:13 May 12, 2020 Jkt 000000 BORROWERS.—Section 4022(c) of the (763351 3) PO 00000 Frm 00964 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 965 1 ‘‘(9) AUTOMATIC 2 QUENT BORROWERS.— 3 ‘‘(A) IN 4 GENERAL.—Notwithstanding any other law governing forbearance relief— 5 ‘‘(i) any borrower whose covered mort- 6 gage loan became 60 days delinquent be- 7 tween March 13, 2020, and the date of en- 8 actment of this paragraph, and who has 9 not already received a forbearance under 10 subsection (b), shall automatically be 11 granted a 60-day forbearance that begins 12 on the date of enactment of this para- 13 graph, provided that a borrower shall not 14 be considered delinquent for purposes of 15 this paragraph while making timely pay- 16 ments or otherwise performing under a 17 trial modification or other loss mitigation 18 agreement; and 19 ‘‘(ii) any borrower whose covered 20 mortgage loan becomes 60 days delinquent 21 between the date of enactment of this 22 paragraph and the end of the covered pe- 23 riod, and who has not already received a 24 forbearance under subsection (b), shall 25 automatically be granted a 60-day forbear- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FORBEARANCE FOR DELIN- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00965 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 966 1 ance that begins on the 60th day of delin- 2 quency, provided that a borrower shall not 3 be considered delinquent for purposes of 4 this paragraph while making timely pay- 5 ments or otherwise performing under a 6 trial modification or other loss mitigation 7 agreement. 8 ‘‘(B) INITIAL automatic 9 forbearance provided under subparagraph (A) 10 shall be extended for up to an additional 120 11 days upon the borrower’s request, oral or writ- 12 ten, submitted to the borrower’s servicer affirm- 13 ing that the borrower is experiencing a financial 14 hardship that prevents the borrower from mak- 15 ing timely payments on the covered mortgage 16 loan due, directly or indirectly, to the COVID– 17 19 emergency. 18 ‘‘(C) SUBSEQUENT EXTENSION.—A for- 19 bearance extended under subparagraph (B) 20 shall be extended for up to an additional 180 21 days, up to a maximum of 360 days (including 22 the period of automatic forbearance), upon the 23 borrower’s request, oral or written, submitted to 24 the borrower’s servicer affirming that the bor- 25 rower is experiencing a financial hardship that g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 EXTENSION.—An 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00966 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 967 1 prevents the borrower from making timely pay- 2 ments on the covered mortgage loan due, di- 3 rectly or indirectly, to the COVID–19 emer- 4 gency. 5 ‘‘(D) RIGHT 6 ING PAYMENTS.—With 7 provided under this paragraph, the borrower of 8 such loan may elect to continue making regular 9 payments on the loan. A borrower who makes 10 such election shall be offered a loss mitigation 11 option pursuant to subsection (d) within 30 12 days of resuming regular payments to address 13 any payment deficiency during the forbearance. 14 ‘‘(E) RIGHT respect to a forbearance TO SHORTEN FORBEAR- 15 ANCE.—At 16 forbearance provided under this paragraph may 17 be shortened. A borrower who makes such a re- 18 quest shall be offered a loss mitigation option 19 pursuant to subsection (d) within 30 days of re- 20 suming regular payments to address any pay- 21 ment deficiency during the forbearance. 22 ‘‘(10) AUTOMATIC 23 ‘‘(A) IN 25 FORBEARANCE FOR CERTAIN GENERAL.—When any covered mortgage loan which is also a federally-insured g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 a borrower’s request, any period of REVERSE MORTGAGE LOANS.— 24 VerDate Mar 15 2010 TO ELECT TO CONTINUE MAK- Jkt 000000 (763351 3) PO 00000 Frm 00967 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 968 1 reverse mortgage loan, during the covered pe- 2 riod, is due and payable due to the death of the 3 last borrower or end of a deferral period or eli- 4 gible to be called due and payable due to a 5 property charge default, or if the borrower de- 6 faults on a property charge repayment plan, or 7 if the borrower defaults for failure to complete 8 property repairs, or if an obligation of the bor- 9 rower under the Security Instrument is not per- 10 formed, the mortgagee automatically shall be 11 granted a six-month extension of— 12 ‘‘(i) the mortgagee’s deadline to re- 13 quest due and payable status from the De- 14 partment of Housing and Urban Develop- 15 ment; 16 ‘‘(ii) the mortgage’s deadline to send 17 notification to the mortgagor or his or her 18 heirs that the loan is due and payable; 19 ‘‘(iii) the deadline to initiate fore- 20 closure; 21 ‘‘(iv) any reasonable diligence period 22 related to foreclosure or the Mortgagee Op- 23 tional Election; 24 ‘‘(v) if applicable, the deadline to ob- 25 tain the due and payable appraisal; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00968 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 969 1 ‘‘(vi) any claim submission deadline, 2 including the 6-month acquired property 3 marketing period. 4 ‘‘(B) FORBEARANCE mort- 5 gagee shall not request due and payable status 6 from the Secretary of Housing and Urban De- 7 velopment nor initiate foreclosure during this 8 six-month period described under subparagraph 9 (A), which shall be considered a forbearance pe- 10 riod. 11 ‘‘(C) EXTENSION.—A forbearance provided 12 under subparagraph (B) and related deadline 13 extension authorized under subparagraph (A) 14 shall be extended for an additional 180 days 15 upon— 16 ‘‘(i) the borrower’s request, oral or 17 written, 18 servicer affirming that the borrower is ex- 19 periencing a financial hardship that pre- 20 vents the borrower from making payments 21 on property charges, completing property 22 repairs, or performing an obligation of the 23 borrower under the Security Instrument 24 due, directly or indirectly, to the COVID– 25 19 emergency; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PERIOD.—The 12:13 May 12, 2020 Jkt 000000 submitted to the borrower’s (763351 3) PO 00000 Frm 00969 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 970 1 ‘‘(ii) a non-borrowing spouse’s re- 2 quest, oral or written, submitted to the 3 servicer affirming that the non-borrowing 4 spouse has been unable to satisfy all cri- 5 teria for the Mortgagee Optional Election 6 program due, directly or indirectly, to the 7 COVID-19 emergency, or to perform all 8 actions necessary to become an eligible 9 non-borrowing spouse following the death 10 of all borrowers; or 11 ‘‘(iii) a successor-in-interest of the 12 borrower’s request, oral or written, sub- 13 mitted to the servicer affirming the heir’s 14 difficulty satisfying the reverse mortgage 15 loan due, directly or indirectly, to the 16 COVID-19 emergency. 17 ‘‘(D) CURTAILMENT 18 TEREST.—Where 19 which is also a federally insured reverse mort- 20 gage loan is in default during the covered pe- 21 riod and subject to a prior event which provides 22 for curtailment of debenture interest in connec- 23 tion with a claim for insurance benefits, the 24 curtailment of debenture interest shall be sus- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF DEBENTURE IN- 12:13 May 12, 2020 Jkt 000000 any covered mortgage loan (763351 3) PO 00000 Frm 00970 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 971 1 pended during any forbearance period provided 2 herein.’’. 3 (3) ADDITIONAL 4 SION 5 CARES Act (15 U.S.C. 9056(c)) is amended— PROTECTIONS.—Section 4022(c) of the 6 (A) in paragraph (2), by striking ‘‘may not 7 initiate any judicial or non-judicial foreclosure 8 process, move for a foreclosure judgment or 9 order of sale, or execute a foreclosure-related 10 eviction or foreclosure sale for not less than the 11 60-day period beginning on March 18, 2020’’ 12 and inserting ‘‘may not initiate or proceed with 13 any judicial or non-judicial foreclosure process, 14 schedule a foreclosure sale, move for a fore- 15 closure judgment or order of sale, execute a 16 foreclosure related eviction or foreclosure sale 17 for six months after the date of enactment of 18 the COVID–19 HERO Act’’; and 19 (B) by adding at the end the following: 20 ‘‘(3) REPOSSESSION MORATORIUM.—In the case 21 of personal property, including any recreational or 22 motor vehicle, used as a dwelling, no person may use 23 any judicial or non-judicial procedure to repossess or 24 otherwise take possession of such property for six 25 months after date of enactment of this paragraph.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FORECLOSURE AND REPOSSES- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00971 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 972 1 (4) MORTGAGE 2 tion 4022 of the CARES Act (15 U.S.C. 9056) is 3 amended— 4 (A) in subsection (b), by striking para- 5 graphs (1), (2), and (3) and inserting the fol- 6 lowing: 7 ‘‘(1) IN GENERAL.—During the covered period, 8 a borrower with a covered mortgage loan who has 9 not obtained automatic forbearance pursuant to this 10 section and who is experiencing a financial hardship 11 that prevents the borrower from making timely pay- 12 ments on the covered mortgage loan due, directly or 13 indirectly, to the COVID–19 emergency may request 14 forbearance on the loan, regardless of delinquency 15 status, by— 16 ‘‘(A) submitting a request, orally or in 17 writing, to the servicer of the loan; and 18 ‘‘(B) affirming that the borrower is experi- 19 encing a financial hardship that prevents the 20 borrower from making timely payments on the 21 covered mortgage loan due, directly or indi- 22 rectly, to the COVID–19 emergency. 23 ‘‘(2) DURATION 24 ‘‘(A) IN 25 12:13 May 12, 2020 OF FORBEARANCE.— GENERAL.—Upon a request by a borrower to a servicer for forbearance under g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FORBEARANCE REFORMS.—Sec- Jkt 000000 (763351 3) PO 00000 Frm 00972 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 973 1 paragraph (1), such forbearance shall be grant- 2 ed by the servicer for the period requested by 3 the borrower, up to an initial length of 180 4 days, the length of which shall be extended by 5 the servicer, at the request of the borrower for 6 the period or periods requested, for a total for- 7 bearance period of up to 12-months. 8 ‘‘(B) 9 AMOUNTS.—For FORBEARANCE purposes of granting a forbear- 10 ance under this paragraph, a servicer may 11 grant an initial forbearance with a term of not 12 less than 90 days, provided that it is automati- 13 cally extended for an additional 90 days unless 14 the servicer confirms the borrower does not 15 want to renew the forbearance or that the bor- 16 rower is no longer experiencing a financial 17 hardship that prevents the borrower from mak- 18 ing timely mortgage payments due, directly or 19 indirectly, to the COVID–19 emergency. 20 ‘‘(C) RIGHT TO SHORTEN FORBEAR- 21 ANCE.—At 22 forbearance described under this paragraph 23 may be shortened. A borrower who makes such 24 a request shall be offered a loss mitigation op- 25 tion pursuant to subsection (d) within 30 days g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MINIMUM 12:13 May 12, 2020 Jkt 000000 a borrower’s request, any period of (763351 3) PO 00000 Frm 00973 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 974 1 of resuming regular payments to address any 2 payment deficiency during the forbearance. 3 ‘‘(3) ACCRUAL INTEREST OR FEES.—A 4 servicer shall not charge a borrower any fees, pen- 5 alties, or interest (beyond the amounts scheduled or 6 calculated as if the borrower made all contractual 7 payments on time and in full under the terms of the 8 mortgage contract) in connection with a forbearance, 9 provided that a servicer may offer the borrower a 10 modification option at the end of a forbearance pe- 11 riod granted hereunder that includes the capitaliza- 12 tion of past due principal and interest and escrow 13 payments as long as the borrower’s principal and in- 14 terest payment under such modification remains at 15 or below the contractual principal and interest pay- 16 ments owed under the terms of the mortgage con- 17 tract before such forbearance period except as the 18 result of a change in the index of an adjustable rate 19 mortgage. 20 ‘‘(4) COMMUNICATION WITH SERVICERS.—Any 21 communication between a borrower and a servicer 22 described under this section may be made in writing 23 or orally, at the borrower’s choice. 24 25 ‘‘(5) COMMUNICATION A g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 DISABILITY.—Upon WITH BORROWERS WITH request from a borrower, (763351 3) PO 00000 Frm 00974 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 975 1 servicers shall communicate with borrowers who 2 have a disability in the borrower’s preferred method 3 of communication. For purposes of this paragraph, 4 the term ‘disability’ has the meaning given that term 5 in the Fair Housing Act, the Americans with Dis- 6 abilities Act of 1990, or the Rehabilitation Act of 7 1973.’’; and 8 (B) in subsection (c), by amending para- 9 graph (1) to read as follows: 10 ‘‘(1) DOCUMENTATION REQUIRED.—A 11 servicer of a covered mortgage loan shall not require 12 any documentation with respect to a forbearance 13 under this section other than the borrower’s affirma- 14 tion (oral or written) to a financial hardship that 15 prevents the borrower from making timely payments 16 on the covered mortgage loan due, directly or indi- 17 rectly, to the COVID–19 emergency. An oral request 18 for forbearance and oral affirmation of hardship by 19 the borrower shall be sufficient for the borrower to 20 obtain or extend a forbearance.’’. 21 (5) OTHER SERVICER REQUIREMENTS DURING 22 FORBEARANCE.—Section 23 (15 U.S.C. 9056(c)), as amended by paragraph (3) 24 of this subsection, is further amended by adding at 25 the end the following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 NO 12:13 May 12, 2020 Jkt 000000 4022(c) of the CARES Act (763351 3) PO 00000 Frm 00975 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 976 1 ‘‘(4) FORBEARANCE 2 30 days of a servicer of a covered mortgage loan 3 providing forbearance to a borrower under sub- 4 section (b) or paragraph (9) or (10), or 10 days if 5 the forbearance is for a term of less than 60 days, 6 but only where the forbearance was provided in re- 7 sponse to a borrower’s request for forbearance or 8 when an automatic forbearance was initially pro- 9 vided under paragraph (9) or (10), and not when an 10 existing forbearance is automatically extended, the 11 servicer shall provide the borrower with a notice in 12 accordance with the terms in paragraph (5). 13 ‘‘(5) CONTENTS OF NOTICE.—The written no- 14 tice required under paragraph (4) shall state in 15 plain language— 16 ‘‘(A) the specific terms of the forbearance; 17 ‘‘(B) the beginning and ending dates of the 18 forbearance; 19 ‘‘(C) that the borrower is eligible for up to 20 12 months of forbearance; 21 ‘‘(D) that the borrower may request an ex- 22 tension of the forbearance unless the borrower 23 will have reached the maximum period at the 24 end of the forbearance; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TERMS NOTICE.—Within 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00976 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 977 1 ‘‘(E) that the borrower may request that 2 the initial or extended period be shortened at 3 any time; 4 ‘‘(F) that the borrower should contact the 5 servicer before the end of the forbearance pe- 6 riod; 7 ‘‘(G) a description of the loss mitigation 8 options that may be available to the borrower at 9 the end of the forbearance period based on the 10 borrower’s specific loan; 11 ‘‘(H) information on how to find a housing 12 counseling agency approved by the Department 13 of Housing and Urban Development; 14 ‘‘(I) in the case of a forbearance provided 15 pursuant to paragraph (9) or (10), that the for- 16 bearance was automatically provided and how 17 to contact the servicer to make arrangements 18 for further assistance, including any renewal; 19 and 20 ‘‘(J) where applicable, that the forbearance 21 is subject to an automatic extension including 22 the terms of any such automatic extensions and 23 when any further extension would require a bor- 24 rower request. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00977 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 978 1 ‘‘(6) TREATMENT ESCROW ACCOUNTS.— 2 During any forbearance provided under this section, 3 a servicer shall pay or advance funds to make dis- 4 bursements in a timely manner from any escrow ac- 5 count established on the covered mortgage loan. 6 ‘‘(7) NOTIFICATION FOR BORROWERS.—During 7 the period that begins 90 days after the date of the 8 enactment of this paragraph and ends at the end of 9 the covered period, each servicer of a covered mort- 10 gage loan shall be required to— 11 ‘‘(A) make available in a clear and con- 12 spicuous manner on their webpage accurate in- 13 formation, in English and Spanish, for bor- 14 rowers regarding the availability of forbearance 15 as provided under subsection (b); and 16 ‘‘(B) notify every borrower whose pay- 17 ments on a covered mortgage loan are delin- 18 quent in any oral communication with or to the 19 borrower that the borrower may be eligible to 20 request forbearance as provided under sub- 21 section (b), except that such notice shall not be 22 required if the borrower already has requested 23 forbearance under subsection (b). 24 ‘‘(8) CERTAIN 25 12:13 May 12, 2020 TREATMENT UNDER RESPA.—As long as a borrower’s payment on a covered mortgage g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF Jkt 000000 (763351 3) PO 00000 Frm 00978 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 979 1 loan was not more than 30 days delinquent on 2 March 13, 2020, a servicer may not deem the bor- 3 rower as delinquent while a forbearance granted 4 under subsection (b) is in effect for purposes of the 5 application of sections 6 and 10 of the Real Estate 6 Settlement Procedures Act and any applicable regu- 7 lations.’’. 8 (6) POST-FORBEARANCE 9 (A) AMENDMENT TO CARES ACT.—Section 10 4022 of the CARES Act (15 U.S.C. 9056) is 11 amended by adding at the end the following: 12 ‘‘(d) POST-FORBEARANCE LOSS MITIGATION.— 13 ‘‘(1) NOTICE 14 FORBEARANCE.—With 15 gage loan as to which forbearance under this section 16 has been granted and not otherwise extended, in- 17 cluding by automatic extension, a servicer shall, no 18 later than 30 days before the end of the forbearance 19 period, in writing, notify the borrower that addi- 20 tional forbearance may be available and how to re- 21 quest such forbearance, except that no such notice 22 is required where the borrower already has requested 23 an extension of the forbearance period, is subject to 24 automatic 25 (b)(2)(B), or no additional forbearance is available. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 LOSS MITIGATION.— 12:13 May 12, 2020 Jkt 000000 OF AVAILABILITY OF ADDITIONAL extension respect to any covered mort- pursuant to subsection (763351 3) PO 00000 Frm 00979 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 980 1 ‘‘(2) LOSS 2 TION OF FORBEARANCE.—No 3 fore the end of any forbearance period that has not 4 been extended or 30 days after a request by a con- 5 sumer to terminate the forbearance, which time shall 6 be before the servicer initiates or engages in any 7 foreclosure activity listed in subsection (c)(2), in- 8 cluding incurring or charging to a borrower any fees 9 or corporate advances related to a foreclosure, the 10 later than 30 days be- servicer shall, in writing— 11 ‘‘(A) offer the borrower a loss mitigation 12 option, without the charging of any fees or pen- 13 alties other than interest, such that the bor- 14 rower’s principal and interest payment remains 15 the same as it was prior to the forbearance, 16 subject to any adjustment of the index pursuant 17 to the terms of an adjustable rate mortgage, 18 and that either— 19 ‘‘(i) defers the payment of total ar- 20 rearages, including any escrow advances, 21 to the end of the existing term of the loan, 22 without the charging or collection of any 23 additional 24 amounts; or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MITIGATION OFFER BEFORE EXPIRA- 12:13 May 12, 2020 Jkt 000000 interest on the deferred (763351 3) PO 00000 Frm 00980 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 981 1 ‘‘(ii) extends the term of the mortgage 2 loan, and capitalizes, defers, or forgives all 3 escrow advances and other arrearages; 4 provided, however, that the servicer may offer 5 the borrower a loss mitigation option that re- 6 duces the principal and interest payment on the 7 loan and capitalizes, defers, or forgives all es- 8 crow advances or arrearages if the servicer has 9 information indicating that the borrower cannot 10 resume the pre-forbearance mortgage payments; 11 and 12 ‘‘(B) concurrent with the loss mitigation 13 offer in subparagraph (A), notify the borrower 14 that the borrower has the right to be evaluated 15 for other loss mitigation options if the borrower 16 is not able to make the payment under the op- 17 tion offered in subparagraph (A). 18 ‘‘(3) EVALUATION 19 TO FORECLOSURE INITIATION.—Before 20 may initiate or engage in any foreclosure activity 21 listed in subsection (c)(2), including incurring or 22 charging to a borrower any fees or corporate ad- 23 vances related to a foreclosure on the basis that the 24 borrower has failed to perform under the loss miti- 25 gation offer in paragraph (2)(A) within the first 90 g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR LOSS MITIGATION PRIOR 12:13 May 12, 2020 Jkt 000000 a servicer (763351 3) PO 00000 Frm 00981 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 982 1 days after the option is offered, including a failure 2 to accept the loss mitigation offer in paragraph 3 (2)(A), the servicer shall— 4 ‘‘(A) unless the borrower has already sub- 5 mitted a complete application that the servicer 6 is reviewing— 7 ‘‘(i) notify the borrower in writing of 8 the documents and information, if any, 9 needed by the servicer to enable the 10 servicer to consider the borrower for all 11 available loss mitigation options; 12 ‘‘(ii) exercise reasonable diligence to 13 obtain the documents and information 14 needed to complete the borrower’s loss 15 mitigation application; 16 ‘‘(B) upon receipt of a complete applica- 17 tion or if, despite the servicer’s exercise of rea- 18 sonable diligence, the loss mitigation application 19 remains incomplete sixty days after the notice 20 in paragraph (2)(A) is sent, conduct an evalua- 21 tion of the complete or incomplete loss mitiga- 22 tion application without reference to whether 23 the borrower has previously submitted a com- 24 plete loss mitigation application and offer the 25 borrower all available loss mitigation options for g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00982 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 983 1 which the borrower qualifies under applicable 2 investor guidelines, including guidelines regard- 3 ing required documentation. 4 ‘‘(4) EFFECT 5 MITIGATION REVIEW.—An 6 uation for loss mitigation under this section shall 7 not be the basis for the denial of a borrower’s appli- 8 cation as duplicative or for a reduction in the bor- 9 rower’s appeal rights under Regulation X (12 C.F.R. 10 1024) in regard to any loss mitigation application 11 submitted after the servicer has complied with the 12 requirements of paragraphs (2) and (3). 13 ‘‘(5) SAFE application, offer, or eval- HARBOR.—Any loss mitigation op- 14 tion authorized by the Federal National Mortgage 15 Association, the Federal Home Loan Corporation, or 16 the Federal Housing Administration that either— 17 ‘‘(A) defers the payment of total arrear- 18 ages, including any escrow advances, to the end 19 of the existing term of the loan, without the 20 charging or collection of any additional interest 21 on the deferred amounts, or 22 ‘‘(B) extends the term of the mortgage 23 loan, and capitalizes, defers, or forgives all es- 24 crow advances and other arrearages, without 25 the charging of any fees or penalties beyond in- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ON FUTURE REQUESTS FOR LOSS 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00983 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 984 1 terest on any amount capitalized into the loan 2 principal, 3 shall be deemed to comply with the requirements of 4 paragraph (1)(B). 5 6 ‘‘(6) HOME REVERSE MORTGAGE LOANS.— 7 ‘‘(A) IN GENERAL.—For a covered mort- 8 gage loan which is also a federally-insured re- 9 verse mortgage loan, a servicer’s conduct shall 10 be deemed to comply with this section provided 11 that if the loan is eligible to be called due and 12 payable due to a property charge default, the 13 mortgagee shall, as a precondition to sending a 14 due and payable request to the Secretary or ini- 15 tiating or continuing a foreclosure process— 16 ‘‘(i) make a good faith effort to com- 17 municate with the borrower regarding 18 available home retention options to cure 19 the property charge default, including en- 20 couraging the borrower to apply for home 21 retention options; and 22 ‘‘(ii) consider the borrower for all 23 available home retention options as allowed 24 by the Secretary. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RETENTION OPTIONS FOR CERTAIN 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00984 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 985 1 ‘‘(B) PERMISSIBLE 2 The Secretary shall amend its allowable home 3 retention options to permit a repayment plan of 4 up to 120 months in length, and to permit a re- 5 payment plan without regard to prior defaults 6 on repayment plans. 7 ‘‘(C) LIMITATION ON INTEREST CURTAIL- 8 MENT.—The 9 paid to mortgagees who engage in loss mitiga- 10 tion or home retention actions through interest 11 curtailment during such loss mitigation or home 12 retention review or during the period when a 13 loss mitigation or home retention plan is in ef- 14 fect and ending 90 days after any such plan 15 terminates.’’. 16 Secretary may not curtail interest (B) AMENDMENT TO HOUSING ACT OF 17 1949.—Section 18 (42 U.S.C. 1475) is amended— 19 505 of the Housing Act of 1949 (i) by striking the section heading and 20 inserting ‘‘LOSS 21 CLOSURE PROCEDURES’’; MITIGATION AND FORE- 22 (ii) in subsection (a), by striking the 23 section designation and all that follows 24 through ‘‘During any’’ and inserting the 25 following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REPAYMENT PLANS.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00985 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 986 1 ‘‘SEC. 505. (a) Moratorium— (1) In determining a 2 borrower’s eligibility for relief, the Secretary shall make 3 all eligibility decisions based on the borrower’s household’s 4 income, expenses, and circumstances. 5 ‘‘(2) During any’’. 6 (iii) by redesignating subsection (b) as 7 subsection (c); and 8 (iv) by inserting after subsection (a) 9 10 the following new subsection: ‘‘(b) LOAN MODIFICATION.— (1) Notwithstanding 11 any other provision of this title, for any loan made under 12 section 502 or 504, the Secretary may modify the interest 13 rate and extend the term of such loan for up to 30 years 14 from the date of such modification. 15 ‘‘(2) At the end of any moratorium period granted 16 under this section or under the COVID–19 HERO Act, 17 the Secretary shall determine whether the borrower can 18 reasonably resume making principal and interest pay19 ments after the Secretary modifies the borrower’s loan ob20 ligations in accordance with paragraph (1).’’. 21 (7) MULTIFAMILY 22 Section 4023 of the CARES Act (15 U.S.C. 9057) 23 is amended— 24 (A) by striking ‘‘Federally backed multi- 25 family mortgage loan’’ each place such term ap- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MORTGAGE FORBEARANCE.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00986 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 987 1 pears and inserting ‘‘multifamily mortgage 2 loan’’; 3 (B) in subsection (b), by striking ‘‘during’’ 4 and inserting ‘‘due, directly or indirectly, to’’; 5 (C) in subsection (c)(1)— 6 (i) in subparagraph (A), by adding 7 ‘‘and’’ at the end; 8 (ii) by striking subparagraphs (B) and 9 (C) and inserting the following: 10 ‘‘(B) provide the forbearance for up to the 11 end of the period described under section 12 4024(b).’’; and 13 (D) by redesignating subsection (f) as sub- 14 section (g); 15 (E) by inserting after subsection (e) the 16 17 following: ‘‘(f) TREATMENT AFTER FORBEARANCE.—With re- 18 spect to a multifamily mortgage loan provided a forbear19 ance under this section, the servicer of such loan— 20 ‘‘(1) shall provide the borrower with a 12- 21 month period beginning at the end of such forbear- 22 ance to become current on the payments under such 23 loan; 24 ‘‘(2) may not charge any late fees, penalties, or 25 other charges with respect to payments on the loan g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00987 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 988 1 that were due during the forbearance period, if such 2 payments are made before the end of the 12-month 3 period; and 4 ‘‘(3) may not report any adverse information to 5 a credit rating agency (as defined under section 603 6 of the Fair Credit Reporting Act with respect to any 7 payments on the loan that were due during the for- 8 bearance period, if such payments are made before 9 the end of the 12-month period.).’’; and 10 (F) in subsection (g), as so redesignated— 11 (i) in paragraph (2)— 12 (I) by striking ‘‘that—’’ and all 13 that follows through ‘‘(A) is secured 14 by’’ and inserting ‘‘that is secured 15 by’’; 16 (II) by striking ‘‘; and’’ and in- 17 serting a period; and 18 (III) by striking subparagraph 19 (B); and 20 (ii) by amending paragraph (5) to 21 read as follows: 22 ‘‘(5) COVERED respect to a 23 loan, the term ‘covered period’ has the meaning 24 given that term under section 4022(a)(3).’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PERIOD.—With 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00988 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 989 1 (8) RENTER 2 ANCE PERIOD.— 3 ance pursuant to section 4022 or 4023 of the 4 CARES Act (15 U.S.C. 9056 or 9057) may not, for 5 the duration of the forbearance— A borrower that receives a forbear- 6 (A) evict or initiate the eviction of a tenant 7 solely for nonpayment of rent or other fees or 8 charges; or 9 (B) charge any late fees, penalties, or 10 other charges to a tenant for late payment of 11 rent. 12 (9) EXTENSION 13 (A) OF GSE PATCH.— NON-APPLICABILITY OF EXISTING 14 SUNSET.—Section 15 12, Code of Federal Regulations, shall have no 16 force or effect. 17 (B) 1026.43(e)(4)(iii)(B) of title EXTENDED SUNSET.—The special 18 rules in section 1026.43(e)(4) of title 12, Code 19 of Federal Regulations, shall apply to covered 20 transactions consummated prior to June 1, 21 2022, or such later date as the Director of the 22 Bureau of Consumer Financial Protection may 23 determine, by rule. 24 (10) SERVICER 25 12:13 May 12, 2020 SAFE HARBOR FROM INVESTOR LIABILITY.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PROTECTIONS DURING FORBEAR- Jkt 000000 (763351 3) PO 00000 Frm 00989 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 990 1 (A) SAFE 2 (i) IN GENERAL.—A servicer of cov- 3 ered mortgage loans or multifamily mort- 4 gage loans shall be deemed not to have vio- 5 lated any duty or contractual obligation 6 owed to investors or other parties regard- 7 ing such mortgage loans on account of of- 8 fering or implementing in good faith for- 9 bearance during the covered period or of- 10 fering or implementing in good faith post- 11 forbearance loss mitigation (including after 12 the expiration of the covered period) in ac- 13 cordance with the terms of sections 4022 14 and 4023 of the CARES Act to borrowers, 15 respectively, on covered or multifamily 16 mortgage loans that it services and shall 17 not be liable to any party who is owed such 18 a duty or obligation or subject to any in- 19 junction, stay, or other equitable relief to 20 such party on account of such offer or im- 21 plementation of forbearance or post-for- 22 bearance loss mitigation. 23 (ii) OTHER PERSONS.—Any person, 24 including a trustee of a securitization vehi- 25 cle g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 HARBOR.— 12:13 May 12, 2020 Jkt 000000 or other party involved in a (763351 3) PO 00000 Frm 00990 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 991 1 securitization or other investment vehicle, 2 who in good faith cooperates with a 3 servicer of covered or multifamily mortgage 4 loans held by that securitization or invest- 5 ment vehicle to comply with the terms of 6 section 4022 and 4023 of the CARES Act, 7 respectively, to borrowers on covered or 8 multifamily mortgage loans owned by the 9 securitization or other investment vehicle 10 shall not be liable to any party who is owed 11 such a duty or obligation or subject to any 12 injunction, stay, or other equitable relief to 13 such party on account of its cooperation 14 with an offer or implementation of forbear- 15 ance during the covered period or post-for- 16 bearance loss mitigation, including after 17 the expiration of the covered period. 18 (B) STANDARD PRACTICE.— 19 During the covered period, notwithstanding any 20 contractual restrictions, it is deemed to be 21 standard industry practice for a servicer to 22 offer forbearance or loss mitigation options in 23 accordance with the terms of sections 4022 and 24 4023 of the CARES Act to borrowers, respec- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 INDUSTRY 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00991 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 992 1 tively, on all covered or multifamily mortgage 2 loans it services. 3 (C) RULE in 4 this paragraph may be construed as affecting 5 the liability of a servicer or other person for ac- 6 tual fraud in the servicing of a mortgage loan 7 or for the violation of a State or Federal law. 8 (D) DEFINITIONS.—In this paragraph: 9 (i) COVERED MORTGAGE LOAN.—The 10 term ‘‘covered mortgage loan’’ has the 11 meaning given that term under section 12 4022(a) of the CARES Act. 13 (ii) COVERED PERIOD.—The term 14 ‘‘covered period’’ has the meaning given 15 that term under section 4023(g) of the 16 CARES Act. 17 (iii) 18 LOAN.—The 19 loan’’ has the meaning given that term 20 under section 4023(g) of the CARES Act. MULTIFAMILY 21 (iv) 22 ‘‘servicer’’— MORTGAGE term ‘‘multifamily mortgage SERVICER.—The term 23 (I) has the meaning given the 24 term under section 6(i) of the Real g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF CONSTRUCTION.—Nothing 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00992 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 993 1 Estate Settlement Procedures Act of 2 1974 (12 U.S.C. 2605(i)); and 3 (II) means a master servicer and 4 a subservicer, as such terms are de- 5 fined, 6 1024.31 of title 12, Code of Federal 7 Regulations. 8 (v) SECURITIZATION 9 term ‘‘securitization under section VEHICLE.—The vehicle’’ has the 10 meaning give that term under section 11 129A(f) of the Truth in Lending Act (15 12 U.S.C. 1639a(f)). 13 (c) BANKRUPTCY PROTECTIONS.— 14 (1) BANKRUPTCY PROTECTIONS FOR FEDERAL 15 CORONAVIRUS RELIEF PAYMENTS.—Section 16 of title 11, United States Code, is amended— 17 541(b) (A) in paragraph (9), in the matter fol- 18 lowing subparagraph (B), by striking ‘‘or’’; 19 (B) in paragraph (10)(C), by striking the 20 period at the end and inserting ‘‘; or’’; and 21 (C) by inserting after paragraph (10) the 22 following: 23 ‘‘(11) payments made under Federal law relat- 24 ing to the national emergency declared by the Presi- 25 dent under the National Emergencies Act (50 g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 respectively, 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00993 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 994 1 U.S.C. 1601 et seq.) with respect to the coronavirus 2 disease 2019 (COVID–19).’’. 3 (2) PROTECTION AGAINST DISCRIMINATORY 4 TREATMENT OF HOMEOWNERS IN BANKRUPTCY.— 5 Section 525 of title 11, United States Code, is 6 amended by adding at the end the following: 7 ‘‘(d) A person may not be denied any forbearance, 8 assistance, or loan modification relief made available to 9 borrowers by a mortgage creditor or servicer because the 10 person is or has been a debtor, or has received a discharge, 11 in a case under this title.’’. 12 (3) INCREASING 13 TION.—Section 14 is amended— 15 HOMESTEAD EXEMP- 522 of title 11, United States Code, (A) in subsection (d)(1), by striking 16 ‘‘$15,000’’ and inserting ‘‘$100,000’’; and 17 18 THE (B) by adding at the end the following: ‘‘(r) Notwithstanding any other provision of applica- 19 ble nonbankruptcy law, a debtor in any State may exempt 20 from property of the estate the property described in sub21 section (d)(1) not to exceed the value in subsection (d)(1) 22 if the exemption for such property permitted by applicable 23 nonbankruptcy law is lower than that amount.’’. 24 25 (4) EFFECT ON DISCHARGE.—Section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 OF MISSED MORTGAGE PAYMENTS Jkt 000000 1328 of title 11, United (763351 3) PO 00000 Frm 00994 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 995 1 States Code, is amended by adding at the end the 2 following: 3 ‘‘(i) A debtor shall not be denied a discharge under 4 this section because, as of the date of discharge, the debtor 5 did not make 6 or fewer payments directly to the holder 6 of a debt secured by real property. 7 ‘‘(j) Notwithstanding subsections (a) and (b), upon 8 the debtor’s request, the court shall grant a discharge of 9 all debts provided for in the plan that are dischargeable 10 under subsection (a) if the debtor— 11 12 ‘‘(1) has made payments under a confirmed plan for at least 1 year; and 13 ‘‘(2) is experiencing or has experienced a mate- 14 rial financial hardship due, directly or indirectly, to 15 the coronavirus disease 2019 (COVID–19) pan- 16 demic.’’. 17 (5) EXPANDED 18 13.—Section 19 is amended— 20 FOR CHAPTER 109(e) of title 11, United States Code, (A) by striking ‘‘$250,000’’ each place the 21 term appears and inserting ‘‘$850,000’’; and 22 (B) by striking ‘‘$750,000’’ each place the 23 term appears and inserting ‘‘$2,600,000’’. 24 (6) EXTENDED 25 12:13 May 12, 2020 CURE PERIOD FOR HOME- OWNERS HARMED BY COVID–19 PANDEMIC.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ELIGIBILITY Jkt 000000 (763351 3) PO 00000 Frm 00995 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 996 1 (A) IN GENERAL.—Chapter 13 of title 11, 2 United States Code, is amended by adding at 3 the end thereof the following: 4 ‘‘§ 1331. Special provisions related to COVID–19 pan5 6 demic ‘‘(a) Notwithstanding subsections (b)(2) and (d) of 7 section 1322, if the debtor is experiencing or has experi8 enced a material financial hardship due, directly or indi9 rectly, to the coronavirus disease 2019 (COVID–19) pan10 demic, a plan may provide for the curing of any default 11 within a reasonable time, not to exceed 7 years after the 12 time that the first payment under the original confirmed 13 plan was due, and maintenance of payments while the case 14 is pending on any unsecured claim or secured claim on 15 which the last payment is due after the expiration of such 16 time. Any such plan provision shall not affect the applica17 ble commitment period under section 1325(b). 18 ‘‘(b) For purposes of sections 1328(a) and 1328(b), 19 any cure or maintenance payments under subsection (a) 20 that are made after the end of the period during which 21 the plan provides for payments (other than payments 22 under subsection (a)) shall not be treated as payments 23 under the plan. 24 ‘‘(c) Notwithstanding section 1329(c), a plan modi- 25 fied under section 1329 at the debtor’s request may pro- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00996 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 997 1 vide for cure or maintenance payments under subsection 2 (a) over a period that is not longer than 7 years after 3 the time that the first payment under the original con4 firmed plan was due. 5 ‘‘(d) Notwithstanding section 362(c)(2), during the 6 period after the debtor receives a discharge and the period 7 during which the plan provides for the cure of any default 8 and maintenance of payments under the plan, section 9 362(a) shall apply to the holder of a claim for which a 10 default is cured and payments are maintained under sub11 section (a) and to any property securing such claim. 12 ‘‘(e) Notwithstanding section 1301(a)(2), the stay of 13 section 1301(a) terminates upon the granting of a dis14 charge under section 1328 with respect to all creditors 15 other than the holder of a claim for which a default is 16 cured and payments are maintained under subsection 17 (a).’’. 18 (B) TABLE OF CONTENTS.—The table of 19 sections of chapter 13, title 11, United States 20 Code, is amended by adding at the end thereof 21 the following: ‘‘Sec. 1331. Special provisions related to COVID–19 Pandemic.’’. 22 (C) amendments 23 made by this paragraph shall apply only to any 24 case under title 11, United States Code, com- 25 menced before 3 years after the date of enact- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 APPLICATION.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00997 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 998 1 ment of this Act and pending on or commenced 2 after such date of enactment, in which a plan 3 under chapter 13 of title 11, United States 4 Code, was not confirmed before March 27, 5 2020. 6 SEC. 110204. LIQUIDITY FOR MORTGAGE SERVICERS AND 7 8 RESIDENTIAL RENTAL PROPERTY OWNERS. (a) IN GENERAL.—Section 4003 of the CARES Act 9 (15 U.S.C. 9042), is amended by adding at the end the 10 following: 11 ‘‘(i) LIQUIDITY FOR MORTGAGE SERVICERS.— 12 ‘‘(1) IN to paragraph (2), 13 the Secretary shall ensure that servicers of covered 14 mortgage loans (as defined under section 4022) and 15 multifamily mortgage loans (as defined under sec- 16 tion 4023) are provided the opportunity to partici- 17 pate in the loans, loan guarantees, or other invest- 18 ments made by the Secretary under this section. The 19 Secretary shall ensure that servicers are provided 20 with access to such opportunities under equitable 21 terms and conditions regardless of their size. 22 ‘‘(2) MORTGAGE SERVICER ELIGIBILITY.—In 23 order to receive assistance under subsection (b)(4), 24 a mortgage servicer shall— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Subject 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00998 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 999 1 ‘‘(A) that the mortgage 2 servicer has established policies and procedures 3 to use such funds only to replace funds used for 4 borrower assistance, including to advance funds 5 as a result of forbearance or other loss mitiga- 6 tion provided to borrowers; 7 ‘‘(B) demonstrate that the mortgage 8 servicer has established policies and procedures 9 to provide forbearance, post-forbearance loss 10 mitigation, and other assistance to borrowers in 11 compliance with the terms of section 4022 or 12 4023, as applicable; 13 ‘‘(C) demonstrate that the mortgage 14 servicer has established policies and procedures 15 to ensure that forbearance and post-forbearance 16 assistance is available to all borrowers in a non- 17 discriminatory fashion and in compliance with 18 the Fair Housing Act, the Equal Credit Oppor- 19 tunity Act, and other applicable fair housing 20 and fair lending laws; and 21 ‘‘(D) comply with the limitations on com- 22 pensation set forth in section 4004. 23 ‘‘(3) MORTGAGE SERVICER REQUIREMENTS.—A 24 mortgage servicer receiving assistance under sub- 25 section (b)(4) may not, while the servicer is under g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 demonstrate 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 00999 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1000 1 any obligation to repay funds provided or guaran- 2 teed under this section— 3 ‘‘(A) pay dividends with respect to the 4 common stock of the mortgage servicer or pur- 5 chase an equity security of the mortgage 6 servicer or any parent company of the mortgage 7 servicer if the security is listed on a national se- 8 curities exchange, except to the extent required 9 under a contractual obligation that is in effect 10 on the date of enactment of this subsection; or 11 12 ‘‘(B) prepay any debt obligation.’’. (b) CREDIT FACILITY FOR RESIDENTIAL RENTAL GENERAL.—The Board of Governors of 13 PROPERTY OWNERS.— 14 15 (1) IN the Federal Reserve System shall— 16 (A) establish a facility, using amounts 17 made available under section 4003(b)(4) of the 18 CARES Act (15 U.S.C. 9042(b)(4)), to make 19 long-term, low-cost loans to residential rental 20 property owners as to temporarily compensate 21 such owners for documented financial losses 22 caused by reductions in rent payments; and 23 (B) defer such owners’ required payments 24 on such loans until after six months after the 25 date of enactment of this Act. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01000 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1001 1 (2) REQUIREMENTS.—A borrower that receives 2 a loan under this subsection may not, for the dura- 3 tion of the loan— 4 (A) evict or initiate the eviction of a tenant 5 solely for nonpayment of rent or other fees or 6 charges; 7 (B) charge any late fees, penalties, or 8 other charges to a tenant for late payment of 9 rent; and 10 (C) with respect to a person or entity de- 11 scribed under paragraph (4), discriminate on 12 the basis of source of income. 13 (3) REPORT 14 ERTY OWNERS.—The 15 a report to the Congress containing the following, 16 with respect to each property owner receiving a loan 17 under this subsection: 18 assistance under this subsection. 20 (B) The average total loan amount that 21 each borrower received. 22 (C) The total number of rental units that 23 each borrower owned. 24 (D) The average rent charged by each bor- 25 rower. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 Board of Governors shall issue (A) The number of borrowers that received 19 VerDate Mar 15 2010 ON RESIDENTIAL RENTAL PROP- Jkt 000000 (763351 3) PO 00000 Frm 01001 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1002 1 (4) REPORT ON LARGE RESIDENTIAL RENTAL 2 PROPERTY OWNERS.—The 3 issue a report to Congress that identifies any person 4 or entity that in aggregate owns or holds a control- 5 ling interest in any entity that, in aggregate, owns— 6 (A) more than 100 rental units that are lo- 7 cated within in a single Metropolitan Statistical 8 Area; 9 (B) more than 1,000 rental units nation- 10 wide; or 11 12 Board of Governors shall (C) rental units in three or more States. (c) AMENDMENTS TO NATIONAL HOUSING ACT.— 13 Section 306(g)(1) of the National Housing Act (12 U.S.C. 14 1721(a)) is amended— 15 (1) in the fifth sentence, by inserting after 16 ‘‘issued’’ the following: ‘‘, subject to any pledge or 17 grant of security interest of the Federal Reserve 18 under section 4003(a) of the CARES Act (Public 19 Law 116-136; 134 Stat. 470; 15 U.S.C. 9042(a)) 20 and to any such mortgage or mortgages or any in- 21 terest therein and the proceeds thereon, which the 22 Association may elect to approve’’; and 23 (2) in the sixth sentence— 24 (A) by striking ‘‘or (C)’’ and inserting 25 ‘‘(C)’’; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01002 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1003 1 (B) by inserting before the period the fol- 2 lowing: ‘‘, or (D) its approval and honoring of 3 any pledge or grant of security interest of the 4 Federal Reserve under section 4003(a) of the 5 CARES Act and to any such mortgage or mort- 6 gages or any interest therein and proceeds 7 thereon as’’. 8 SEC. 110205. RURAL RENTAL ASSISTANCE. 9 There is authorized to be appropriated for fiscal year 10 2020 $309,000,000 for rural rental assistance, which shall 11 remain available until September 30, 2021, of which— 12 (1) up to $25,000,000 million may be used for 13 an additional amount for rural housing vouchers for 14 any low-income households (including those not re- 15 ceiving rental assistance) residing in a property fi- 16 nanced with a section 515 loan which has been pre- 17 paid after September 30, 2005, or has matured after 18 September 30, 2019; and 19 (2) the remainder shall be used for an addi- 20 tional amount for rural rental assistance agreements 21 entered into or renewed pursuant to section 22 521(a)(2) of the Housing Act of 1949 (42 U.S.C. 23 1490a(a)(2)) to— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01003 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1004 1 (A) supplement the rental assistance of 2 households on whose behalf assistance is being 3 provided; and 4 (B) provide rental assistance on behalf of 5 households who are not being assisted with such 6 rental assistance but who qualify for such as- 7 sistance. 8 SEC. 110206. FUNDING FOR PUBLIC HOUSING AND TENANT- 9 BASED RENTAL ASSISTANCE. 10 (a) PUBLIC HOUSING OPERATING FUND.—There is 11 authorized to be appropriated for an additional amount 12 for fiscal year 2020 for the Public Housing Operating 13 Fund under section 9(e) of the United States Housing Act 14 of 1937 (42 U.S.C. 1437g(e)) $2,000,000,000, to remain 15 available until September 30, 2021. 16 17 (b) TENANT-BASED SECTION 8 RENTAL ASSISTANCE.—There is authorized to be appropriated for an ad- 18 ditional amount for fiscal year 2020 for the tenant-based 19 rental assistance under section 8(o) of the United States 20 Housing Act of 1937 (42 U.S.C. 1437f(o)) 21 $3,000,000,000, to remain available until September 30, 22 2021, of which not more than $500,000,000 may be used 23 for administrative fees under section 8(q) of such Act (42 24 U.S.C. 1437f(q)). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01004 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1005 1 (c) APPLICABILITY OF WAIVERS.—Any waiver or al- 2 ternative requirement made by the Secretary of Housing 3 and Urban Development pursuant to the heading ‘‘Ten4 ant-Based Rental Assistance’’ or ‘‘Public Housing Oper5 ating Fund’’ in title XII of division B of the CARES Act 6 (Public Law 116-136) shall apply with respect to amounts 7 made available pursuant to this section. 8 SEC. 110207. SUPPLEMENTAL FUNDING FOR SUPPORTIVE 9 HOUSING FOR THE ELDERLY, SUPPORTIVE 10 HOUSING FOR PERSONS WITH DISABILITIES, 11 SUPPORTIVE HOUSING FOR PERSONS WITH 12 AIDS, AND PROJECT-BASED SECTION 8 RENT- 13 AL ASSISTANCE. 14 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 15 authorized to be appropriated $500,000,000 for fiscal year 16 2020 for additional assistance for supportive housing for 17 the elderly, of which— 18 (1) $200,000,000 shall be for rental assistance 19 under section 202 of the Housing Act of 1959 (12 20 U.S.C. 1701q) or section 8 of the United States 21 Housing Act of 1937 (42 U.S.C. 1437f), as appro- 22 priate, and for hiring additional staff and for serv- 23 ices and costs, including acquiring personal protec- 24 tive equipment, to prevent, prepare for, or respond 25 to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 the public health emergency relating to (763351 3) PO 00000 Frm 01005 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1006 1 Coronavirus Disease 2019 (COVID-19) pandemic; 2 and 3 (2) $300,000,000 shall be for grants under sec- 4 tion 676 of the Housing and Community Develop- 5 ment Act of 1992 (42 U.S.C. 13632) for costs of 6 providing service coordinators for purposes of coordi- 7 nating services to prevent, prepare for, or respond to 8 the public health emergency relating to Coronavirus 9 Disease 2019 (COVID-19). 10 Any provisions of, and waivers and alternative require11 ments issued by the Secretary pursuant to, the heading 12 ‘‘Department of Housing and Urban Development—Hous13 ing Programs—Housing for the Elderly’’ in title XII of 14 division B of the CARES Act (Public Law 116-136) shall 15 apply with respect to amounts made available pursuant 16 to this subsection. 17 18 (b) ELIGIBILITY OF SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES.—Subsection (a) of section 676 19 of the Housing and Community Development Act of 1992 20 (42 U.S.C. 13632(a)) shall be applied, for purposes of 21 subsection (a) of this section, by substituting ‘‘(G), and 22 (H)’’ for ‘‘ and (G)’’. 23 (c) SERVICE COORDINATORS.— 24 (1) HIRING.—In the hiring of staff using 25 amounts made available pursuant to this section for g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01006 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1007 1 costs of providing service coordinators, grantees 2 shall consider and hire, at all levels of employment 3 and to the greatest extent possible, a diverse staff, 4 including by race, ethnicity, gender, and disability 5 status. Each grantee shall submit a report to the 6 Secretary of Housing and Urban Development de- 7 scribing compliance with the preceding sentence not 8 later than the expiration of the 120-day period that 9 begins upon the termination of the emergency de- 10 clared on March 13, 2020, by the President under 11 the Robert T. Stafford Disaster Relief and Emer- 12 gency Assistance Act (42 U.S.C. 4121 et seq.) relat- 13 ing to the Coronavirus Disease 2019 (COVID-19) 14 pandemic. 15 (2) ONE-TIME made using 16 amounts made available pursuant to subsection (a) 17 for costs of providing service coordinators shall not 18 be renewable. 19 (3) ONE-YEAR AVAILABILITY.—Any amounts 20 made available pursuant to this section for costs of 21 providing service coordinators that are allocated for 22 a grantee and remain unexpended upon the expira- 23 tion of the 12-month period beginning upon such al- 24 location shall be recaptured by the Secretary. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GRANTS.—Grants 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01007 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1008 1 2 (d) FUNDING SONS FOR SUPPORTIVE HOUSING FOR PER- WITH DISABILITIES.—There is authorized to be ap- 3 propriated $200,000,000 for fiscal year 2020 for addi4 tional assistance for supportive housing for persons with 5 disabilities under section 811 of the Cranston-Gonzalez 6 National Affordable Housing Act (42 U.S.C. 8013). Any 7 provisions of, and waivers and alternative requirements 8 issued by the Secretary pursuant to, the heading ‘‘Depart9 ment of Housing and Urban Development—Housing Pro10 grams—Housing for Persons With Disabilities’’ in title 11 XII of division B of the CARES Act (Public Law 11612 136) shall apply with respect to amounts made available 13 pursuant to this subsection. 14 (e) FUNDING FOR HOUSING OPPORTUNITIES FOR 15 PEOPLE WITH AIDS PROGRAM.—There is authorized to 16 be appropriated $15,000,000 for fiscal year 2020 for addi17 tional assistance for the Housing Opportunities for Per18 sons with AIDS program under the AIDS Housing Oppor19 tunity Act (42 U.S.C. 12901 et seq.). Any provisions of, 20 and waivers and alternative requirements issued by the 21 Secretary pursuant to, the heading ‘‘Department of Hous22 ing and Urban Development—Community Planning and 23 Development—Housing Opportunities for Persons With 24 AIDS’’ in title XII of division B of the CARES Act (Pub- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01008 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1009 1 lic Law 116-136) shall apply with respect to amounts 2 made available pursuant to this subsection. 3 4 (f) FUNDING FOR PROJECT-BASED SECTION 8 RENTAL ASSISTANCE.—There is authorized to be appropriated 5 $750,000,000 for fiscal year 2020 for additional assist6 ance for project-based rental assistance under section 8 7 of the United States Housing Act of 1937 (42 U.S.C. 8 1437f). Any provisions of, and waivers and alternative re9 quirements issued by the Secretary pursuant to, the head10 ing ‘‘Department of Housing and Urban Development— 11 Housing Programs—Project-Based Rental Assistance’’ in 12 title XII of division B of the CARES Act (Public Law 13 116-136) shall apply with respect to amounts made avail14 able pursuant to this subsection. 15 SEC. 110208. FAIR HOUSING. 16 (a) DEFINITION 17 RIOD.— OF COVID–19 EMERGENCY PE- For purposes of this Act, the term ‘‘COVID–19 18 emergency period’’ means the period that begins upon the 19 date of the enactment of this Act and ends upon the date 20 of the termination by the Federal Emergency Manage21 ment Agency of the emergency declared on March 13, 22 2020, by the President under the Robert T. Stafford Dis23 aster Relief and Emergency Assistance Act (42 U.S.C. 24 4121 et seq.) relating to the Coronavirus Disease 2019 25 (COVID–19) pandemic. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01009 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1010 1 (b) FAIR HOUSING ACTIVITIES.— 2 (1) AUTHORIZATION OF APPROPRIATIONS.—To 3 ensure existing grantees have sufficient resource for 4 fair housing activities and for technology and equip- 5 ment needs to deliver services through use of the 6 Internet or other electronic or virtual means in re- 7 sponse to the public health emergency related to the 8 Coronavirus Disease 2019 (COVID-19) pandemic, 9 there is authorized to be appropriated $4,000,000 10 for Fair Housing Organization Initiative grants 11 through the Fair Housing Initiatives Program under 12 section 561 of the Housing and Community Devel- 13 opment Act of 1987 (42 U.S.C. 3616a). 14 (2) 3-YEAR AVAILABILITY.—Any amounts made 15 available pursuant paragraph (1) that are allocated 16 for a grantee and remain unexpended upon the expi- 17 ration of the 3-year period beginning upon such allo- 18 cation shall be recaptured by the Secretary. 19 (c) FAIR HOUSING EDUCATION.—There is authorized 20 to be appropriated $10,000,000 for the Office of Fair 21 Housing and Equal Opportunity of the Department of 22 Housing and Urban Development to carry out a national 23 media campaign and local education and outreach to edu24 cate the public of increased housing rights during g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01010 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1011 1 COVID–19 emergency period, that provides that informa2 tion and materials used in such campaign are available— 3 (1) in the languages used by communities with 4 limited English proficiency; and 5 6 (2) to persons with disabilities. SEC. 110209. FUNDING FOR HOUSING COUNSELING SERV- 7 8 ICES. (a) CONGRESSIONAL FINDINGS.—The Congress finds 9 that— 10 (1) the spread of Coronavirus Disease 2019 11 (COVID–19), which is now considered a global pan- 12 demic, is expected to negatively impact the incomes 13 of potentially millions of homeowners, renters, indi- 14 viduals experiencing homelessness, and individuals at 15 risk of homelessness, making it difficult for them to 16 pay their mortgages or rents on time; 17 (2) housing counseling is critical to ensuring 18 that homeowners, renters, individuals experiencing 19 homelessness, and individuals at risk of homeless- 20 ness have the resources they need to manage finan- 21 cial hardships from the COVID-19 crisis; 22 (3) loan preservation and foreclosure mitigation 23 services are also critical to address the needs of 24 homeowners who lose employment and income be- 25 cause of the pandemic and who face serious delin- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01011 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1012 1 quency or home loan default, or are in foreclosing 2 proceedings during this period; 3 (4) evaluations from the National Foreclosure 4 Mitigation Counseling program revealed that home- 5 owners at risk of or facing foreclosure are better 6 served when they have access to a housing counselor 7 and a range of tools and resources to help them 8 avoid losing their home and have the support they 9 need to tailor the best possible response to their sit- 10 uation. 11 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 12 authorized to be appropriated to the Neighborhood Rein13 vestment Corporation (in this section referred to as the 14 ‘‘Corporation’’) established under the Neighborhood Rein15 vestment Corporation Act (42 U.S.C. 8101 et seq.) 16 $100,000,000 for fiscal year 2020 for housing counseling 17 services, which shall remain available until September 30, 18 2023. 19 (c) PRIORITIZATION OF HOUSING COUNSELING 20 SERVICES.—Of any grant funds made available pursuant 21 to subsection (b), not less than 40 percent shall be pro22 vided to counseling organizations that target counseling 23 services to minority and low-income homeowners, renters, 24 individuals experiencing homelessness, and individuals at 25 risk of homelessness or provide such services in neighbor- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01012 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1013 1 hoods with high concentrations of minority and low-in2 come homeowners, renters, individuals experiencing home3 lessness, and individuals at risk of homelessness. 4 (d) ELIGIBLE USES.—Amounts made available pur- 5 suant to subsection (b) may be used in such amounts as 6 the Corporation determines for costs of— 7 (1) public education and outreach; 8 (2) direct services, including the full range of 9 services provided by housing counselors to assist 10 homeowners, including manufactured homeowners, 11 regardless of financing type, renters, individuals ex- 12 periencing homelessness, and individuals at risk of 13 homelessness, including the practices, tools, and in- 14 novations in foreclosure mitigation that were utilized 15 in the National Foreclosure Mitigation Counseling 16 Program, and financial capability, credit counseling, 17 homeless counseling, and rental counseling; 18 (3) and technology, including 19 broadband internet and equipment upgrades needed 20 to ensure timely and effective service delivery; 21 (4) training, including capacitating housing 22 counseling staff in various modes of counseling, in- 23 cluding rental and foreclosure, delivery of remote 24 counseling utilizing improved technology, enhanced g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 equipment 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01013 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1014 1 network security, and supportive options for the de- 2 livery of client services; and 3 (5) administration and oversight of the program 4 in accordance with the Corporation’s rate for pro- 5 gram administration. 6 (e) DISBURSEMENT.—The Corporation shall disburse 7 all grant funds made available pursuant to subsection (b) 8 as expeditiously as possible, through grants to housing 9 counseling intermediaries approved by the Department of 10 Housing and Urban Development, State housing finance 11 agencies, and NeighborWorks organizations. The aggre12 gate amount provided to NeighborWorks organizations 13 shall not exceed 15 percent of the total of grant funds 14 made available pursuant to subsection (b). 15 TITLE III—PROTECTING PEOPLE 16 EXPERIENCING HOMELESSNESS 17 SEC. 110301. HOMELESS ASSISTANCE FUNDING. 18 (a) EMERGENCY HOMELESS ASSISTANCE.— 19 (1) AUTHORIZATION APPROPRIATIONS.— 20 There is authorized to be appropriated under the 21 Emergency Solutions Grants program under subtitle 22 B of title IV of the McKinney-Vento Homeless As- 23 sistance 24 $11,500,000,000 for grants under such subtitle in 25 accordance with this subsection to respond to needs g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 Act (42 U.S.C. 11371 et seq.) (763351 3) PO 00000 Frm 01014 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1015 1 arising from the public health emergency relating to 2 Coronavirus Disease 2019 (COVID-19). Of such 3 amounts made available, $4,000,000,000 shall be al- 4 located in accordance with sections 413 and 414 of 5 the McKinney-Vento Homeless Assistance Act (42 6 U.S.C. 11372, 11373). 7 (2) FORMULA.—Notwithstanding sections 413 8 and 414 of the McKinney-Vento Homeless Assist- 9 ance Act (42 U.S.C. 11372, 11373), the Secretary 10 of Housing and Urban Development (in this Act re- 11 ferred to as the ‘‘Secretary’’) shall allocate any 12 amounts remaining after amounts are allocated pur- 13 suant to paragraph (1) in accordance with a formula 14 to be established by the Secretary that takes into 15 consideration the following factors: 16 (A) Risk of transmission of coronavirus in 17 a jurisdiction. 18 (B) Whether a jurisdiction has a high 19 number or rate of sheltered and unsheltered 20 homeless individuals and families. 21 (C) Economic and housing market condi- 22 tions in a jurisdiction. 23 (3) ELIGIBLE addition to eligi- 24 ble activities under section 415(a) of the McKinney- 25 Vento g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ACTIVITIES.—In 12:13 May 12, 2020 Jkt 000000 Homeless Assistance Act (42 U.S.C. (763351 3) PO 00000 Frm 01015 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1016 1 11374(a), amounts made available pursuant to para- 2 graph (1) may also be used for costs of the following 3 activities: 4 (A) Providing training on infectious dis- 5 ease prevention and mitigation. 6 (B) Providing hazard pay, including for 7 time worked before the effectiveness of this sub- 8 paragraph, for staff working directly to prevent 9 and mitigate the spread of coronavirus or 10 COVID-19 among people experiencing or at 11 risk of homelessness. 12 (C) Reimbursement of costs for eligible ac- 13 tivities (including activities described in this 14 paragraph) relating to preventing, preparing 15 for, or responding to the coronavirus or 16 COVID-19 that were accrued before the date of 17 the enactment of this Act. 18 (D) 24 CFR 19 576.102(a)(3), providing a hotel or motel 20 voucher for a homeless individual or family. 21 Use of such amounts for activities described in this 22 paragraph shall not be considered use for adminis- 23 trative purposes for purposes of section 418 of the 24 McKinney-Vento 25 U.S.C. 11377). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 Notwithstanding 12:13 May 12, 2020 Jkt 000000 Homeless Assistance Act (42 (763351 3) PO 00000 Frm 01016 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1017 1 (4) OF PROCUREMENT 2 STANDARDS.—To 3 pursuant to paragraph (1) are used to procure goods 4 and services relating to activities to prevent, prepare 5 for, or respond to the coronavirus or COVID-19, the 6 standards and requirements regarding procurement 7 that are otherwise applicable shall not apply. 8 9 the extent amounts made available (5) INAPPLICABILITY OF HABITABILITY AND ENVIRONMENTAL REVIEW STANDARDS.—Any Fed- 10 eral standards and requirements regarding habit- 11 ability and environmental review shall not apply with 12 respect to any emergency shelter that is assisted 13 with amounts made available pursuant to paragraph 14 (1) and has been determined by a State or local 15 health official, in accordance with such requirements 16 as the Secretary shall establish, to be necessary to 17 prevent and mitigate the spread of coronavirus or 18 COVID-19, such shelters. 19 (6) INAPPLICABILITY OF CAP ON EMERGENCY 20 SHELTER 21 415 of the McKinney-Vento Homeless Assistance 22 Act shall not apply to any amounts made available 23 pursuant to paragraph (1) of this subsection. 24 25 12:13 May 12, 2020 ACTIVITIES.—Subsection (7) INITIAL (b) of section ALLOCATION OF ASSISTANCE.—Sec- tion 417(b) of the McKinney-Vento Homeless Assist- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 INAPPLICABILITY Jkt 000000 (763351 3) PO 00000 Frm 01017 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1018 1 ance Act (42 U.S.C. 11376(b)) shall be applied with 2 respect to amounts made available pursuant to para- 3 graph (1) of this subsection by substituting ‘‘30- 4 day’’ for ‘‘60-day’’. 5 (8) WAIVERS 6 ALTERNATIVE REQUIRE- MENTS.— 7 (A) AUTHORITY.—In administering 8 amounts made available pursuant to paragraph 9 (1), the Secretary may waive, or specify alter- 10 native requirements for, any provision of any 11 statute or regulation (except for any require- 12 ments related to fair housing, nondiscrimina- 13 tion, labor standards, and the environment) 14 that the Secretary administers in connection 15 with the obligation or use by the recipient of 16 such amounts, if the Secretary finds that good 17 cause exists for the waiver or alternative re- 18 quirement and such waiver or alternative re- 19 quirement is consistent with the purposes de- 20 scribed in this subsection. 21 (B) NOTIFICATION.—The Secretary shall 22 notify the public through the Federal Register 23 or other appropriate means 5 days before the 24 effective date of any such waiver or alternative 25 requirement, and any such public notice may be g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AND 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01018 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1019 1 provided on the Internet at the appropriate 2 Government web site or through other elec- 3 tronic media, as determined by the Secretary. 4 (C) EXEMPTION.—The use of amounts 5 made available pursuant to paragraph (1) shall 6 not be subject to the consultation, citizen par- 7 ticipation, or match requirements that other- 8 wise apply to the Emergency Solutions Grants 9 program, except that a recipient shall publish 10 how it has and will utilize its allocation at a 11 minimum on the Internet at the appropriate 12 Government web site or through other elec- 13 tronic media. 14 (9) INAPPLICABILITY 15 MENT.—Subsection 16 ney-Vento Homeless Assistance Act (42 U.S.C. 17 11375(a)) shall not apply to any amounts made 18 available pursuant to paragraph (1) of this sub- 19 section. 20 (a) of section 416 of the McKin- (10) PROHIBITION ON PREREQUISITES.—None 21 of the funds authorized under this subsection may 22 be used to require people experiencing homelessness 23 to receive treatment or perform any other pre- 24 requisite activities as a condition for receiving shel- 25 ter, housing, or other services. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF MATCHING REQUIRE- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01019 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1020 1 (b) CONTINUUM CARE PROGRAM.—Due to the OF 2 emergency relating to the Coronavirus Disease 2019 3 (COVID-19) pandemic, the Notice of Funding Availability 4 (NOFA) for fiscal year 2020 for the Continuum of Care 5 program under subtitle C of title IV of the McKinney6 Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) 7 shall have no force or effect and the Secretary of Housing 8 and Urban Development shall distribute amounts made 9 available for such fiscal year for such program based on 10 the results of the competition for amounts made available 11 for such program for fiscal year 2019 (FR-6300-–25), ex12 cept that grant amounts may be adjusted to account for 13 changes in fair market rents. 14 SEC. 110302. EMERGENCY RENTAL ASSISTANCE VOUCHER 15 16 PROGRAM. (a) AUTHORIZATION OF APPROPRIATIONS.—There is 17 authorized to be appropriated to the Secretary of Housing 18 and Urban Development (in this section referred to as the 19 ‘‘Secretary’’), $1,000,000,000 for fiscal year 2020, to re20 main available until expended, for incremental emergency 21 vouchers under subsection (b). 22 (b) EMERGENCY VOUCHERS.— 23 (1) IN Secretary shall provide 24 emergency rental assistance vouchers under this sub- 25 section, which shall be tenant-based rental assistance g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01020 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1021 1 under section 8(o) the United States Housing Act of 2 1937 (42 U.S.C. 1437f(o)). 3 (2) SELECTION 4 (A) MANDATORY PREFERENCES.—Each 5 public housing agency administering assistance 6 under this section shall provide preference for 7 such assistance to eligible families that are— 8 (i) homeless (as such term is defined 9 in section 103(a) of the McKinney-Vento 10 Homeless 11 11302(a)); Assistance Act (42 U.S.C. 12 (ii) at risk of homelessness (as such 13 term is defined in section 401 of the 14 McKinney-Vento Homeless Assistance Act 15 (42 U.S.C. 11360); or 16 (iii) fleeing, or attempting to flee, do- 17 mestic violence, dating violence, sexual as- 18 sault, or stalking. 19 (B) ALLOCATION.—In allocating amounts 20 made available under this section, the Secretary 21 shall— 22 (i) not later than 60 days after the 23 date of the enactment of this Act, allocate 24 at least 50 percent of such amounts to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF FAMILIES.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01021 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1022 1 public housing agencies in accordance with 2 a formula that considers— 3 (I) the capability of public hous- 4 ing agencies to promptly use emer- 5 gency vouchers provided under this 6 section; and 7 (II) the need for emergency 8 vouchers provided under this section 9 in the geographical area, based on 10 factors determined by the Secretary, 11 including risk of transmission of 12 coronavirus, high numbers or rates of 13 sheltered and unsheltered homeless- 14 ness, and economic and housing mar- 15 ket conditions; 16 (ii) allocate remaining amounts in ac- 17 cordance with a formula that considers— 18 (I) the criteria under clause (i) 19 and the success of a public housing 20 agency in promptly utilizing vouchers 21 awarded under clause (i); and 22 (II) the capability of the public 23 housing agency to create and manage 24 structured partnerships with service g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01022 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1023 1 providers for the delivery of appro- 2 priate community-based services; and 3 (iii) designate the number of vouchers 4 under this section that each public housing 5 agency that is awarded funds under this 6 section is authorized to administer. 7 (C) ELECTION a 8 public housing agency elects not to administer 9 amounts under this section, the Secretary shall 10 award such amounts to other public housing 11 agencies according to the criteria in subpara- 12 graph (B). 13 (D) FAILURE TO USE VOUCHERS PROMPT- 14 LY.—If 15 all of its authorized vouchers under this section 16 on behalf of eligible families within a reasonable 17 period of time as determined by the Secretary, 18 the Secretary shall reallocate any unissued 19 vouchers and associated funds to others public 20 housing agencies according to the criteria under 21 subparagraph (B)(ii). 22 (3) WAIVERS a public housing agency fails to issue AND ALTERNATIVE REQUIRE- 23 MENTS.—Any 24 the Secretary makes available to all public housing 25 agencies in connection with assistance made avail- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 NOT TO ADMINISTER.—If 12:13 May 12, 2020 Jkt 000000 waiver or alternative requirement that (763351 3) PO 00000 Frm 01023 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1024 1 able under the heading ‘‘Tenant-Based Rental As- 2 sistance’’ in title XII of division B of the CARES 3 Act (Public Law 116-136; 134 Stat.601) shall apply 4 to assistance under this section until the expiration 5 of such waiver or alternative requirement. 6 7 (4) TERMINATION OVER.— 8 (A) IN GENERAL.—A public housing agen- 9 cy may not reissue any vouchers made available 10 under this section when assistance for the fam- 11 ily initially assisted is terminated. 12 (B) REALLOCATION.—Upon termination of 13 assistance for one or more families assisted by 14 a public housing agency under this section, the 15 Secretary shall reallocate amounts that are no 16 longer needed by such public housing agency 17 for assistance under this section to another 18 public housing agency for the renewal of vouch- 19 ers previously authorized under this section. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF VOUCHERS UPON TURN- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01024 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1025 1 TITLE IV—SUSPENDING NEGATIVE CREDIT RE2 PORTING 3 SUMER AND INVESTOR PROTECTIONS 4 AND STRENGTHENING CON- SEC. 110401. REPORTING OF INFORMATION DURING MAJOR 5 DISASTERS. 6 (a) IN GENERAL.—The CARES Act (Public Law 7 116–136) is amended by striking section 4021 and insert8 ing the following: 9 ‘‘SEC. 4021. REPORTING OF INFORMATION DURING MAJOR 10 11 DISASTERS. ‘‘(a) PURPOSE.—The purpose of this Act, and the 12 amendments made by this Act, is to protect consumers’ 13 credit from negative impacts as a result of financial hard14 ship due to the coronavirus disease (COVID–19) outbreak 15 and future major disasters. 16 ‘‘(b) REPORTING OF INFORMATION DURING MAJOR 17 DISASTERS.— 18 ‘‘(1) IN GENERAL.—The Fair Credit Reporting 19 Act is amended by inserting after section 605B the 20 following: 21 ‘‘ ‘§ 605C. Reporting of information during major dis22 23 asters ‘‘ ‘(a) DEFINITIONS.—In this section: 24 ‘‘ ‘(1) CONSUMER.—With respect to a covered 25 period, the term ‘‘consumer’’ shall only include a g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01025 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1026 1 consumer who is a resident of the affected area cov- 2 ered by the applicable disaster or emergency declara- 3 tion. 4 ‘‘ ‘(2) COVERED 5 The term ‘‘covered major disaster period’’ means the 6 period— 7 ‘‘ ‘(A) beginning on the date on which a 8 major disaster is declared by the President 9 under— 10 ‘‘ ‘(i) section 401 of the Robert T. 11 Stafford Disaster Relief and Emergency 12 Assistance Act (42 U.S.C. 5170), under 13 which assistance is authorized under sec- 14 tion 408 of such Act (42 U.S.C. 5174); or 15 ‘‘ ‘(ii) section 501 of such Act; and 16 ‘‘ ‘(B) ending on the date that is 120 days 17 after the end of the incident period for such 18 disaster. 19 ‘‘ ‘(3) COVERED PERIOD.—The term ‘‘covered 20 period’’ means the COVID–19 emergency period or 21 a covered major disaster period. 22 ‘‘ ‘(4) COVID–19 EMERGENCY PERIOD.—The 23 term ‘‘COVID–19 emergency period’’ means the pe- 24 riod beginning on March 13, 2020 (the date the 25 President declared the emergency under section 501 g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MAJOR DISASTER PERIOD.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01026 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1027 1 of the Robert T. Stafford Disaster Relief and Emer- 2 gency Assistance Act (42 U.S.C. 4121 et seq.) relat- 3 ing to the Coronavirus Disease 2019 (COVID-19) 4 pandemic) and ending on the later of— 5 ‘‘ ‘(A) 120 days after the date of enact- 6 ment of this section; or 7 ‘‘ ‘(B) 120 days after the end of the inci- 8 dent period for such emergency. 9 ‘‘ ‘(5) MAJOR DISASTER.—The term ‘‘major dis- 10 aster’’ means a major disaster declared by the Presi- 11 dent under— 12 ‘‘ ‘(A) section 401 of the Robert T. Staf- 13 ford Disaster Relief and Emergency Assistance 14 Act (42 U.S.C. 5170), 15 is authorized under section 408 of such Act (42 16 U.S.C. 5174); or 17 ‘‘ ‘(B) section 501 of such Act. 18 19 under which assistance ‘‘ ‘(b) MORATORIUM FORMATION ON FURNISHING ADVERSE IN- DURING COVERED PERIOD.—No person may 20 furnish any adverse item of information (except informa21 tion related to a felony criminal conviction) relating to a 22 consumer that was the result of any action or inaction that 23 occurred during a covered period. 24 ‘‘ ‘(c) INFORMATION EXCLUDED FROM CONSUMER 25 REPORTS.—In addition to the information described in g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01027 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1028 1 section 605(a), no consumer reporting agency may make 2 any consumer report containing an adverse item of infor3 mation (except information related to a felony criminal 4 conviction) relating to a consumer that was the result of 5 any action or inaction that occurred during a covered pe6 riod. 7 ‘‘ ‘(d) SUMMARY OF RIGHTS.—Not later than 60 days 8 after the date of enactment of this section, the Director 9 of the Bureau shall update the model summary of rights 10 under section 609(c)(1) to include a description of the 11 right of a consumer to— 12 ‘‘ ‘(1) request the deletion of adverse items of 13 information under subsection (e); and 14 ‘‘ ‘(2) request a consumer report or score, with- 15 out charge to the consumer, under subsection (f). 16 ‘‘ ‘(e) DELETION 17 TION ADVERSE ITEMS OF RESULTING FROM THE OF INFORMA- CORONAVIRUS DISEASE 18 (COVID–19) OUTBREAK AND MAJOR DISASTERS.— 19 ‘‘ ‘(1) REPORTING.— 20 ‘‘ ‘(A) IN later than 60 21 days after the date of enactment of this sub- 22 section, the Director of the Bureau shall create 23 a website for consumers to report, under pen- 24 alty of perjury, economic hardship as a result of 25 the coronavirus disease (COVID–19) outbreak g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01028 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1029 1 or a major disaster for the purpose of providing 2 credit report protections under this subsection. 3 ‘‘ ‘(B) DOCUMENTATION.—The Director of 4 the Bureau shall— 5 ‘‘ ‘(i) not require any documentation 6 from a consumer to substantiate the eco- 7 nomic hardship; and 8 ‘‘ ‘(ii) provide notice to the consumer 9 that a report under subparagraph (A) is 10 under penalty of perjury. 11 ‘‘ ‘(C) REPORTING consumer 12 may report economic hardship under subpara- 13 graph (A) during a covered period and for 60 14 days thereafter. 15 ‘‘ ‘(2) DATABASE.—The Director of the Bureau 16 shall establish and maintain a secure database 17 that— 18 ‘‘ ‘(A) is accessible to each consumer re- 19 porting agency described in section 603(p) and 20 nationwide specialty consumer reporting agency 21 for purposes of fulfilling their duties under 22 paragraph (3) to check and automatically delete 23 any adverse item of information (except infor- 24 mation related to a felony criminal conviction) g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PERIOD.—A 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01029 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1030 1 reported that occurred during a covered period 2 with respect to a consumer; and 3 ‘‘ ‘(B) contains the information reported 4 under paragraph (1). 5 ‘‘ ‘(3) DELETION 6 MATION 7 AND NATIONWIDE SPECIALTY CONSUMER REPORT- 8 ING AGENCIES.— 9 BY NATIONWIDE ‘‘ ‘(A) IN CONSUMER GENERAL.—Each REPORTING consumer re- 10 porting agency described in section 603(p) and 11 each nationwide specialty consumer reporting 12 agency shall, using the information contained in 13 the database established under paragraph (2), 14 delete from the file of each consumer named in 15 the database each adverse item of information 16 (except information related to a felony criminal 17 conviction) that was a result of an action or in- 18 action that occurred during a covered period or 19 in the 270-day period following the end of a 20 covered period. 21 ‘‘ ‘(B) TIMELINE.—Each consumer report- 22 ing agency described in section 603(p) and each 23 nationwide specialty consumer reporting agency 24 shall check the database at least weekly and de- 25 lete adverse items of information as soon as g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF ADVERSE ITEMS OF INFOR- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01030 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1031 1 practicable after information that is reported 2 under paragraph (1) appears in the database 3 established under paragraph (2). 4 ‘‘ ‘(4) REQUEST 5 ITEMS OF INFORMATION.— 6 ‘‘ ‘(A) IN GENERAL.—A consumer who has 7 filed a report of economic hardship with the 8 Bureau may submit a request, without charge 9 to the consumer, to a consumer reporting agen- 10 cy described in section 603(p) or nationwide 11 specialty consumer reporting agency to delete 12 from the consumer’s file an adverse item of in- 13 formation (except information related to a fel- 14 ony criminal conviction) that was a result of an 15 action or inaction that occurred during a cov- 16 ered period or in the 270-day period following 17 the end of a covered period. 18 ‘‘ ‘(B) TIMING.—A consumer may submit a 19 request under subparagraph (A), not later than 20 the end of the 270-day period described in that 21 subparagraph. 22 ‘‘ ‘(C) REMOVAL AND NOTIFICATION.— 23 Upon receiving a request under this paragraph 24 to delete an adverse item of information, a con- 25 sumer reporting agency described in section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR DELETION OF ADVERSE 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01031 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1032 1 603(p) or nationwide specialty consumer report- 2 ing agency shall— 3 ‘‘ ‘(i) delete the adverse item of infor- 4 mation (except information related to a fel- 5 ony criminal conviction) from the con- 6 sumer’s file; and 7 ‘‘ ‘(ii) notify the consumer and the 8 furnisher of the adverse item of informa- 9 tion of the deletion. 10 ‘‘ ‘(f) FREE CREDIT REPORT AND SCORES.— 11 ‘‘ ‘(1) IN the period between 12 the beginning of a covered period and ending 12- 13 months after the end of the covered period, each 14 consumer reporting agency described under section 15 603(p) and each nationwide specialty consumer re- 16 porting agency shall make all disclosures described 17 under section 609 upon request by a consumer, by 18 mail or online, without charge to the consumer and 19 without limitation as to the number of requests. 20 Such a consumer reporting agency shall also supply 21 a consumer, upon request and without charge, with 22 a credit score that— 23 ‘‘ ‘(A) is derived from a credit scoring 24 model that is widely distributed to users by the 25 consumer reporting agency for the purpose of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—During 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01032 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1033 1 any extension of credit or other transaction des- 2 ignated by the consumer who is requesting the 3 credit score; or 4 ‘‘ ‘(B) is widely distributed to lenders of 5 common consumer loan products and predicts 6 the future credit behavior of a consumer. 7 ‘‘ ‘(2) TIMING.—A file disclosure or credit score 8 under paragraph (1) shall be provided to the con- 9 sumer not later than— 10 ‘‘ ‘(A) 7 days after the date on which the 11 request is received if the request is made by 12 mail; and 13 ‘‘ ‘(B) not later than 15 minutes if the re- 14 quest is made online. 15 ‘‘ ‘(3) ADDITIONAL file disclosure 16 provided under paragraph (1) shall be in addition to 17 any disclosure requested by the consumer under sec- 18 tion 612(a). 19 ‘‘ ‘(4) PROHIBITION.—A consumer reporting 20 agency that receives a request under paragraph (1) 21 may not request or require any documentation from 22 the consumer that demonstrates that the consumer 23 was impacted by the coronavirus disease (COVID– 24 19) outbreak or a major disaster (except to verify 25 that the consumer is a resident of the affected area g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REPORTS.—A 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01033 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1034 1 covered by the applicable disaster or emergency dec- 2 laration) as a condition of receiving the file disclo- 3 sure or score. 4 ‘‘ ‘(g) POSTING OF RIGHTS.—Not later than 30 days 5 after the date of enactment of this section, each consumer 6 reporting agency described under section 603(p) and each 7 nationwide specialty consumer reporting agency shall 8 prominently post and maintain a direct link on the home9 page of the public website of the consumer reporting agen10 cy information relating to the right of consumers to— 11 ‘‘ ‘(1) request the deletion of adverse items of 12 information (except information related to a felony 13 criminal conviction) under subsection (e); and 14 ‘‘ ‘(2) request consumer file disclosures and 15 scores, without charge to the consumer, under sub- 16 section (f). 17 ‘‘ ‘(h) BAN 18 MATION 19 ASTER.— 20 RELATED REPORTING MEDICAL DEBT INFORTO COVID–19 ‘‘ ‘(1) FURNISHING OR A BAN.—No MAJOR DIS- person shall fur- 21 nish adverse information to a consumer reporting 22 agency related to medical debt if such medical debt 23 is with respect to medical expenses related to treat- 24 ments arising from COVID–19 or a major disaster g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ON 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01034 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1035 1 (whether or not the expenses were incurred during 2 a covered period). 3 ‘‘ ‘(2) CONSUMER REPORT BAN.—No consumer 4 reporting agency may make a consumer report con- 5 taining adverse information related to medical debt 6 if such medical debt is with respect to medical ex- 7 penses related to treatments arising from COVID– 8 19 or a major disaster (whether or not the expenses 9 were incurred during a covered period). 10 ‘‘ ‘(i) CREDIT SCORING MODELS.—A person that cre- 11 ates and implements credit scoring models may not treat 12 the absence, omission, or deletion of any information pur13 suant to this section as a negative factor or negative value 14 in credit scoring models created or implemented by such 15 person.’. 16 ‘‘(2) TECHNICAL AND CONFORMING AMEND- 17 MENT.—The 18 Reporting Act is amended by inserting after the 19 item relating to section 605B the following: table of contents for the Fair Credit ‘‘ ‘605C. Reporting of information during major disasters.’. 20 ‘‘SEC. 4021A. LIMITATIONS ON NEW CREDIT SCORING MOD- 21 ELS DURING THE COVID–19 EMERGENCY AND 22 MAJOR DISASTERS. 23 ‘‘The Fair Credit Reporting Act (15 U.S.C. 1681 et 24 seq.) is amended— 25 ‘‘(1) by adding at the end the following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01035 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1036 1 ‘‘ ‘§ 630. Limitations on new credit scoring models 2 during the COVID–19 emergency and 3 major disasters 4 ‘‘ ‘With respect to a person that creates and imple- 5 ments credit scoring models, such person may not, during 6 a covered period (as defined under section 605C), create 7 or implement a new credit scoring model (including a revi8 sion to an existing scoring model) if the new credit scoring 9 model would identify a significant percentage of con10 sumers as being less creditworthy when compared to the 11 previous credit scoring models created or implemented by 12 such person.’; and 13 ‘‘(2) in the table of contents for such Act, by 14 adding at the end the following new item: ‘‘ ‘630. Limitations on new credit scoring models during the COVID–19 emergency and major disasters.’. 15 (b) CLERICAL AMENDMENT.—The table of contents 16 in section 2 of the CARES Act is amended by striking 17 the item relating to section 4021 and inserting the fol18 lowing: ‘‘Sec. 4021. Reporting of information during major disasters. ‘‘Sec. 4021A. Limitations on new credit scoring models during the COVID–19 emergency and major disasters.’’. 19 (c) CONFORMING AMENDMENT.—Subparagraph (F) 20 of section 623(a)(1) of the Fair Credit Reporting Act (15 21 U.S.C. 1681s–2(a)(1)) is hereby repealed. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01036 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1037 1 SEC. 110402. RESTRICTIONS ON COLLECTIONS OF CON- 2 SUMER DEBT DURING A NATIONAL DISASTER 3 OR EMERGENCY. 4 (a) IN GENERAL.—The Fair Debt Collection Prac- 5 tices Act (15 U.S.C. 1692 et seq.) is amended by inserting 6 after section 812 (15 U.S.C. 1692j) the following: 7 ‘‘§ 812A. Restrictions on collections of consumer debt 8 9 during a national disaster or emergency ‘‘(a) DEFINITIONS.—In this section: 10 ‘‘(1) COVERED term ‘covered pe- 11 riod’ means the period beginning on the date of en- 12 actment of this section and ending 120 days after 13 the end of the incident period for the emergency de- 14 clared on March 13, 2020, by the President under 15 section 501 of the Robert T. Stafford Disaster Relief 16 and Emergency Assistance Act (42 U.S.C. 4121 et 17 seq.) relating to the Coronavirus Disease 2019 18 (COVID-19) pandemic. 19 20 ‘‘(2) CREDITOR.—The term ‘creditor’ means any person— 21 ‘‘(A) who offers or extends credit creating 22 a debt or to whom a debt is owed; or 23 ‘‘(B) to whom any obligation for payment 24 is owed. 25 ‘‘(3) DEBT.—The term ‘debt’— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PERIOD.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01037 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1038 1 ‘‘(A) means any obligation or alleged obli- 2 gation that is or during the covered period be- 3 comes past due, other than an obligation aris- 4 ing out of a credit agreement entered into after 5 the effective date of this section, that arises out 6 of a transaction with a consumer; and 7 ‘‘(B) does not include a mortgage loan. 8 ‘‘(4) DEBT term ‘debt col- 9 lector’ means a creditor and any other person or en- 10 tity that engages in the collection of debt, including 11 the Federal Government and a State government, ir- 12 respective of whether the applicable debt is allegedly 13 owed to or assigned to such creditor, person, or enti- 14 ty. 15 ‘‘(5) MORTGAGE LOAN.—The term ‘mortgage 16 loan’ means a covered mortgage loan (as defined 17 under section 4022 of the CARES Act) and a multi- 18 family mortgage loan (as defined under section 4023 19 of the CARES Act). 20 ‘‘(b) PROHIBITIONS.— 21 ‘‘(1) IN GENERAL.—Notwithstanding any other 22 provision of law, no debt collector may, during a cov- 23 ered period— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 COLLECTOR.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01038 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1039 1 ‘‘(A) enforce a security interest securing a 2 debt through repossession, limitation of use, or 3 foreclosure; 4 ‘‘(B) take or threaten to take any action to 5 deprive an individual of their liberty as a result 6 of nonpayment of or nonappearance at any 7 hearing relating to an obligation owed by a con- 8 sumer; 9 ‘‘(C) collect any debt, by way of garnish- 10 ment, attachment, assignment, deduction, off- 11 set, or other seizure, from— 12 ‘‘(i) wages, income, benefits, bank, 13 prepaid or other asset accounts; or 14 ‘‘(ii) any assets of, or other amounts 15 due to, a consumer; 16 ‘‘(D) commence or continue an action to 17 evict a consumer from real or personal property 18 for nonpayment; 19 ‘‘(E) disconnect or terminate service from 20 a utility service, including electricity, natural 21 gas, telecommunications or broadband, water, 22 or sewer, for nonpayment; or 23 ‘‘(F) threaten to take any of the foregoing 24 actions. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01039 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1040 1 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 2 this section may be construed to prohibit a consumer 3 from voluntarily paying, in whole or in part, a debt. 4 ‘‘(c) LIMITATION ON FEES AND INTEREST.—After 5 the expiration of a covered period, a debt collector may 6 not add to any past due debt any interest on unpaid inter7 est, higher rate of interest triggered by the nonpayment 8 of the debt, or fee triggered prior to the expiration of the 9 covered period by the nonpayment of the debt. 10 ‘‘(e) VIOLATIONS.—Any person or government entity 11 that violates this section shall be liable to the applicable 12 consumer as provided under section 813, except that, for 13 purposes of applying section 813— 14 ‘‘(1) such person or government entity shall be 15 deemed a debt collector, as such term is defined for 16 purposes of section 813; and 17 ‘‘(2) each dollar figure in such section shall be 18 deemed to be 10 times the dollar figure specified. 19 ‘‘(f) TOLLING.—Any applicable time limitations for 20 exercising an action prohibited under subsection (b) shall 21 be tolled during a covered period. 22 ‘‘(g) PREDISPUTE ARBITRATION AGREEMENTS.— 23 Notwithstanding any other provision of law, no predispute 24 arbitration agreement or predispute joint-action waiver 25 shall be valid or enforceable with respect to a dispute g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01040 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1041 1 brought under this section, including a dispute as to the 2 applicability of this section, which shall be determined 3 under Federal law.’’. 4 (b) CLERICAL AMENDMENT.—The table of contents 5 for the Fair Debt Collection Practices Act is amended by 6 inserting after the item relating to section 812 the fol7 lowing: ‘‘812A. Restrictions on collections of consumer debt during a national disaster or emergency.’’. 8 SEC. 110403. REPAYMENT PERIOD AND FORBEARANCE FOR 9 10 CONSUMERS. Section 812A of the Fair Debt Collection Practices 11 Act (15 U.S.C. 1692 et seq.), as added by section 110402, 12 is amended— 13 (1) by inserting after subsection (c) the fol- 14 lowing: 15 ‘‘(d) REPAYMENT PERIOD.—After the expiration of 16 a covered period, a debt collector shall comply with the 17 following: 18 ‘‘(1) DEBT 19 FINED PAYMENT PERIOD.—For 20 from credit with a defined term, the debt collector 21 shall extend the time period to repay any past due 22 balance of the debt by— any debt arising 23 ‘‘(A) 1 payment period for each payment 24 that a consumer missed during the covered pe- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ARISING FROM CREDIT WITH A DE- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01041 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1042 1 riod, with the payments due in the same 2 amounts and at the same intervals as the pre- 3 existing payment schedule; and 4 ‘‘(B) 1 payment period in addition to the 5 payment periods described under subparagraph 6 (A). 7 ‘‘(2) DEBT 8 IT PLAN.—For 9 plan, as defined in section 103 of the Truth in 10 Lending Act (15 U.S.C. 1602), the debt collector 11 shall allow the consumer to repay the past-due bal- 12 ance in a manner that does not exceed the amounts 13 permitted by the methods described in section 14 171(c) of the Truth in Lending Act (15 U.S.C. 15 1666i–1(c)) and regulations promulgated under that 16 section. 17 ‘‘(3) DEBT 18 debt arising from an open end credit ARISING FROM OTHER CREDIT.— ‘‘(A) IN GENERAL.—For debt not de- 19 scribed under paragraph (2) or (3), the debt 20 collector shall— 21 ‘‘(i) allow the consumer to repay the 22 past-due balance of the debt in substan- 23 tially equal payments over time; and 24 ‘‘(ii) provide the consumer with— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ARISING FROM AN OPEN END CRED- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01042 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1043 1 ‘‘(I) for past due balances of 2 $2,000 or less, 12 months to repay, or 3 such longer period as the debt col- 4 lector may allow; 5 ‘‘(II) for past due balances be- 6 tween $2,001 and $5,000, 24 months 7 to repay, or such longer period as the 8 debt collector may allow; or 9 ‘‘(III) for past due balances 10 greater than $5,000, 36 months to 11 repay, or such longer period as the 12 debt collector may allow. 13 ‘‘(B) ADDITIONAL Di- 14 rector of the Bureau may issue rules to provide 15 greater repayment protections to consumers 16 with debts described under subparagraph (A). 17 ‘‘(C) RELATION TO STATE LAW.—This 18 paragraph shall not preempt any State law that 19 provides for greater consumer protections than 20 this paragraph.’’; and 21 (2) by adding at the end the following: 22 ‘‘(h) FORBEARANCE 23 24 12:13 May 12, 2020 FOR ‘‘(1) FORBEARANCE AFFECTED CONSUMERS.— PROGRAM.—Each debt col- lector that makes use of the credit facility described g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PROTECTIONS.—The Jkt 000000 (763351 3) PO 00000 Frm 01043 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1044 1 in paragraph (4) shall establish a forbearance pro- 2 gram for debts available during the covered period. 3 ‘‘(2) AUTOMATIC GRANT OF FORBEARANCE 4 UPON REQUEST.—Under 5 quired under paragraph (1), upon the request of a 6 consumer experiencing a financial hardship due, di- 7 rectly or indirectly, to COVID–19, the debt collector 8 shall grant a forbearance on payment of debt for 9 such time as needed until the end of the covered pe- 10 riod, with no additional documentation required 11 other than the borrower’s attestation to a financial 12 hardship caused by COVID–19 and with no fees, 13 penalties, or interest (beyond the amounts scheduled 14 or calculated as if the borrower made all contractual 15 payments on time and in full under the terms of the 16 loan contract) charged to the borrower in connection 17 with the forbearance. 18 ‘‘(3) EXCEPTION a forbearance program re- FOR CERTAIN MORTGAGE 19 LOANS SUBJECT TO THE CARES ACT.—This 20 section shall not apply to a mortgage loan subject to 21 section 4022 or 4023 of the CARES Act.’’. 22 sub- SEC. 110404. CREDIT FACILITY. 23 Section 812A(h) of the Fair Debt Collection Prac- 24 tices Act (15 U.S.C. 1692 et seq.), as added by section 25 110403, is amended by adding at the end the following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01044 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1045 1 ‘‘(4) CREDIT 2 FACILITY.—The Board of Gov- ernors of the Federal Reserve System shall— 3 ‘‘(A) establish a facility, using amounts 4 made available under section 4003(b)(4) of the 5 CARES Act (15 U.S.C. 9042(b)(4)), to make 6 long-term, low-cost loans to debt collectors to 7 temporarily compensate such debt collectors for 8 documented financial losses caused by forbear- 9 ance of debt payments under this subsection; 10 and 11 ‘‘(B) defer debt collectors’ required pay- 12 ments on such loans until after consumers’ debt 13 payments resume.’’. 14 TITLE V—FORGIVING STUDENT LOAN DEBT 15 AND PROTECTING STUDENT BORROWERS 16 SEC. 110501. PAYMENTS FOR PRIVATE EDUCATION LOAN 17 BORROWERS AS A RESULT OF THE COVID–19 18 NATIONAL EMERGENCY. 19 (a) IN GENERAL.—Section 140 of the Truth in Lend- 20 ing Act (15 U.S.C. 1650) is amended by adding at the 21 end the following new subsection: 22 ‘‘(h) COVID–19 NATIONAL EMERGENCY PRIVATE 23 EDUCATION LOAN REPAYMENT ASSISTANCE.— 24 ‘‘(1) AUTHORITY.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01045 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1046 1 ‘‘(A) IN on the date 2 of the enactment of this section, until the end 3 of September 2021, the Secretary of the Treas- 4 ury shall, for each borrower of a private edu- 5 cation loan, pay the total amount due for such 6 month on the loan, based on the payment plan 7 selected by the borrower or the borrower’s loan 8 status. 9 ‘‘(B) LIMITATION ON PAYMENTS.—The 10 maximum amount of aggregate payments that 11 the Secretary of the Treasury may make under 12 subparagraph (A) with respect to an individual 13 borrower is $10,000. 14 ‘‘(2) NO CAPITALIZATION OF INTEREST.—With 15 respect to any loan in repayment until the end of 16 September 2021, interest due on a private education 17 loan during such period shall not be capitalized at 18 any time until the end of September 2021. 19 20 ‘‘(3) REPORTING AGENCIES.—Until TO CONSUMER REPORTING the end of the September 2021— 21 ‘‘(A) during the period in which the Sec- 22 retary of the Treasury is making payments on 23 a loan under paragraph (1), the Secretary shall 24 ensure that, for the purpose of reporting infor- 25 mation about the loan to a consumer reporting g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Effective 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01046 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1047 1 agency, any payment made by the Secretary is 2 treated as if it were a regularly scheduled pay- 3 ment made by a borrower; and 4 ‘‘(B) no adverse credit information may be 5 furnished to a consumer reporting agency for 6 any private education loan. 7 ‘‘(4) NOTICE 8 Not later than 15 days following the date of enact- 9 ment of this subsection, and monthly thereafter until 10 the end of September 2021, the Secretary of the 11 Treasury shall provide a notice to all borrowers of 12 private education loans— 13 ‘‘(A) informing borrowers of the actions 14 taken under this subsection; 15 ‘‘(B) providing borrowers with an easily 16 accessible method to opt out of the benefits pro- 17 vided under this subsection; and 18 ‘‘(C) notifying the borrower that the pro- 19 gram under this subsection is a temporary pro- 20 gram and will end at the end of September 21 2021. 22 ‘‘(5) SUSPENSION OF INVOLUNTARY COLLEC- 23 TION.—Until 24 of a private education loan shall immediately take g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF PAYMENTS AND PROGRAM.— 12:13 May 12, 2020 Jkt 000000 the end of September 2021, the holder (763351 3) PO 00000 Frm 01047 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1048 1 action to halt all involuntary collection related to the 2 loan. 3 ‘‘(6) MANDATORY FORBEARANCE.—During the 4 period in which the Secretary of the Treasury is 5 making payments on a loan under paragraph (1), 6 the servicer of such loan shall grant the borrower 7 forbearance as follows: 8 ‘‘(A) A temporary cessation of all pay- 9 ments on the loan other than the payments of 10 interest and principal on the loan that are made 11 under paragraph (1). 12 ‘‘(B) For borrowers who are delinquent 13 but who are not yet in default before the date 14 on which the Secretary begins making payments 15 under paragraph (1), the retroactive application 16 of forbearance to address any delinquency. 17 ‘‘(7) DATA TO IMPLEMENT.—Holders and 18 servicers of private education loans shall report, to 19 the satisfaction of the Secretary of the Treasury, the 20 information necessary to calculate the amount to be 21 paid under this subsection.’’. 22 (b) APPROPRIATION.—Notwithstanding any other 23 provision of law, there is appropriated to the Secretary 24 of the Treasury, out of amounts in the Treasury not other- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01048 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1049 1 wise appropriated, $45,000,000,000 to carry out this title 2 and the amendments made by this title. 3 SEC. 110502. ADDITIONAL PROTECTIONS FOR PRIVATE STU- 4 5 DENT LOAN BORROWERS. (a) IN GENERAL.— 6 (1) PLAN AND FORGIVENESS 7 TERMS.—Each 8 ceives a monthly payment pursuant to section 9 140(h) of the Truth in Lending Act shall modify all 10 private education loan contracts that it holds to pro- 11 vide for the same repayment plan and forgiveness 12 terms available to Direct Loans borrowers under 13 section 685.209(c) of title 34, Code of Federal Reg- 14 ulations, in effect as of January 1, 2020. 15 private education loan holder who re- (2) TREATMENT OF STATE STATUTES OF LIMI- 16 TATION.—For 17 private education loan under the terms of the prom- 18 issory note prior to any loan payment made or for- 19 bearance granted under section 140(h) of the Truth 20 in Lending Act, no payment made or forbearance 21 granted under such section 140(h) shall be consid- 22 ered an event that impacts the calculation of the ap- 23 plicable State statutes of limitation. 24 25 (3) 12:13 May 12, 2020 a borrower who has defaulted on a PROHIBITION ON PRESSURING BOR- ROWERS.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REPAYMENT Jkt 000000 (763351 3) PO 00000 Frm 01049 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1050 1 (A) IN private education 2 loan debt collector or creditor may not pressure 3 a borrower to elect to apply any amount re- 4 ceived pursuant to subsection (b) to any private 5 education loan. 6 (B) VIOLATIONS.—A violation of this para- 7 graph is deemed— 8 (i) an unfair, deceptive, or abusive act 9 or practice under Federal law in connec- 10 tion with any transaction with a consumer 11 for a consumer financial product or service 12 under section 1031 of the Consumer Fi- 13 nancial Protection Act of 2010 (12 U.S.C. 14 5531); and 15 (ii) with respect to a violation by a 16 debt collector, an unfair or unconscionable 17 means to collect or attempt to collect any 18 debt under section 808 of the Federal 19 Debt Collection Practices Act (15 U.S.C. 20 1692f). 21 (C) PRESSURE DEFINED.—In this para- 22 graph, the term ‘‘pressure’’ means any commu- 23 nication, recommendation, or other similar com- 24 munication, other than providing basic informa- 25 tion about a borrower’s options, urging a bor- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—A 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01050 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1051 1 rower to make an election described under sub- 2 section (b). 3 4 (b) RELIEF FOR RESULT ROWERS AS A PRIVATE STUDENT LOAN BOROF THE COVID–19 NATIONAL 5 EMERGENCY.— 6 (1) STUDENT 7 THE COVID–19 NATIONAL EMERGENCY.—Not 8 than 90 days after the end of September 2021, the 9 Secretary of the Treasury shall carry out a program 10 under which a borrower, with respect to the private 11 education loans of such borrower, shall receive in ac- 12 cordance with paragraph (3) an amount equal to the 13 lesser of— 14 later (A) the total amount of each private edu- 15 cation loan of the borrower; or 16 (B) $10,000, reduced by the aggregate 17 amount of all payments made by the Secretary 18 of the Treasury with respect to such borrower 19 under section 140(h) of the Truth in Lending 20 Act. 21 (2) NOTIFICATION OF BORROWERS.—Not later 22 than 90 days after the end of September 2021, the 23 Secretary of the Treasury shall notify each borrower 24 of a private education loan of— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 LOAN RELIEF AS A RESULT OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01051 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1052 1 (A) the requirements to provide loan relief 2 to such borrower under this section; and 3 (B) the opportunity for such borrower to 4 make an election under paragraph (3)(A) with 5 respect to the application of such loan relief to 6 the private education loans of such borrower. 7 (3) DISTRIBUTION 8 (A) ELECTION BY BORROWER.—Not later 9 than 45 days after a notice is sent under para- 10 graph (2), a borrower may elect to apply the 11 amount determined with respect to such bor- 12 rower under paragraph (1) to any private edu- 13 cation loan of the borrower. 14 (B) AUTOMATIC 15 (i) IN PAYMENT.— GENERAL.—In the case of a 16 borrower who does not make an election 17 under subparagraph (A) before the date 18 described in such subparagraph, the Sec- 19 retary of the Treasury shall apply the 20 amount determined with respect to such 21 borrower under paragraph (1) in order of 22 the private education loan of the borrower 23 with the highest interest rate. 24 (ii) EQUAL 25 12:13 May 12, 2020 INTEREST RATES.—In case of two or more private education loans g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF FUNDING.— Jkt 000000 (763351 3) PO 00000 Frm 01052 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1053 1 described in clause (i) with equal interest 2 rates, the Secretary of the Treasury shall 3 apply the amount determined with respect 4 to such borrower under paragraph (1) first 5 to the loan with the highest principal. 6 (c) DEFINITIONS.—In this section: 7 (1) FAIR DEBT COLLECTION PRACTICES ACT 8 TERMS.—The 9 have the meaning given those terms, respectively, 10 under section 803 of the Fair Debt Collection Prac- 11 tices Act (15 U.S.C. 1692a). 12 terms ‘‘creditor’’ and ‘‘debt collector’’ (2) PRIVATE EDUCATION LOAN.—The term 13 ‘‘private education loan’’ has the meaning given the 14 term in section 140 of the Truth in Lending Act (15 15 U.S.C. 1650). 16 TITLE VI—STANDING UP FOR SMALL BUSI17 NESSES, 18 AND NON-PROFITS MINORITY-OWNED BUSINESSES, 19 SEC. 110601. RESTRICTIONS ON COLLECTIONS OF SMALL 20 BUSINESS AND NONPROFIT DEBT DURING A 21 NATIONAL DISASTER OR EMERGENCY. 22 (a) IN GENERAL.—The Fair Debt Collection Prac- 23 tices Act (15 U.S.C. 1692 et seq.), as amended by section 24 110402, is further amended by inserting after section 25 812A the following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01053 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1054 1 ‘‘§ 812B. Restrictions on collections of small business 2 and nonprofit debt during a national dis- 3 aster or emergency 4 ‘‘(a) DEFINITIONS.—In this section: 5 ‘‘(1) COVERED term ‘covered pe- 6 riod’ means the period beginning on the date of en- 7 actment of this section and ending 120 days after 8 the end of the incident period for the emergency de- 9 clared on March 13, 2020, by the President under 10 section 501 of the Robert T. Stafford Disaster Relief 11 and Emergency Assistance Act (42 U.S.C. 4121 et 12 seq.) relating to the Coronavirus Disease 2019 13 (COVID-19) pandemic. 14 15 ‘‘(2) CREDITOR.—The term ‘creditor’ means any person— 16 ‘‘(A) who offers or extends credit creating 17 a debt or to whom a debt is owed; or 18 ‘‘(B) to whom any obligation for payment 19 is owed. 20 ‘‘(3) DEBT.—The term ‘debt’— 21 ‘‘(A) means any obligation or alleged obli- 22 gation that is or during the covered period be- 23 comes past due, other than an obligation aris- 24 ing out of a credit agreement entered into after 25 the effective date of this section, that arises out g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PERIOD.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01054 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1055 1 of a transaction with a nonprofit organization 2 or small business; and 3 ‘‘(B) does not include a mortgage loan. 4 ‘‘(4) DEBT term ‘debt col- 5 lector’ means a creditor and any other person or en- 6 tity that engages in the collection of debt, including 7 the Federal Government and a State government, ir- 8 respective of whether the applicable debt is allegedly 9 owed to or assigned to such creditor, person, or enti- 10 ty. 11 ‘‘(5) MORTGAGE LOAN.—The term ‘mortgage 12 loan’ means a covered mortgage loan (as defined 13 under section 4022 of the CARES Act) and a multi- 14 family mortgage loan (as defined under section 4023 15 of the CARES Act). 16 ‘‘(6) NONPROFIT ORGANIZATION.—The term 17 ‘nonprofit organization’ means an organization that 18 is described in section 501(c)(3) of the Internal Rev- 19 enue Code of 1986 and that is exempt from taxation 20 under section 501(a) of such Code. 21 ‘‘(7) SMALL BUSINESS.—The term ‘small busi- 22 ness’ has the meaning given the term ‘small business 23 concern’ in section 3 of the Small Business Act (15 24 U.S.C. 632). 25 ‘‘(b) PROHIBITIONS.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 COLLECTOR.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01055 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1056 1 ‘‘(1) IN any other 2 provision of law, no debt collector may, during a cov- 3 ered period— 4 ‘‘(A) enforce a security interest securing a 5 debt through repossession, limitation of use, or 6 foreclosure; 7 ‘‘(B) take or threaten to take any action to 8 deprive an individual of their liberty as a result 9 of nonpayment of or nonappearance at any 10 hearing relating to an obligation owed by a 11 small business or nonprofit organization; 12 ‘‘(C) collect any debt, by way of garnish- 13 ment, attachment, assignment, deduction, off- 14 set, or other seizure, from— 15 ‘‘(i) wages, income, benefits, bank, 16 prepaid or other asset accounts; or 17 ‘‘(ii) any assets of, or other amounts 18 due to, a small business or nonprofit orga- 19 nization; 20 ‘‘(D) commence or continue an action to 21 evict a small business or nonprofit organization 22 from real or personal property for nonpayment; 23 ‘‘(E) disconnect or terminate service from 24 a utility service, including electricity, natural g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Notwithstanding 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01056 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1057 1 gas, telecommunications or broadband, water, 2 or sewer, for nonpayment; or 3 ‘‘(F) threaten to take any of the foregoing 4 actions. 5 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 6 this section may be construed to prohibit a small 7 business or nonprofit organization from voluntarily 8 paying, in whole or in part, a debt. 9 ‘‘(c) LIMITATION ON FEES AND INTEREST.—After 10 the expiration of a covered period, a debt collector may 11 not add to any past due debt any interest on unpaid inter12 est, higher rate of interest triggered by the nonpayment 13 of the debt, or fee triggered prior to the expiration of the 14 covered period by the nonpayment of the debt. 15 ‘‘(e) VIOLATIONS.—Any person or government entity 16 that violates this section shall be liable to the applicable 17 small business or nonprofit organization as provided under 18 section 813, except that, for purposes of applying section 19 813— 20 ‘‘(1) such person or government entity shall be 21 deemed a debt collector, as such term is defined for 22 purposes of section 813; and 23 ‘‘(2) such small business or nonprofit organiza- 24 tion shall be deemed a consumer, as such term is de- 25 fined for purposes of section 813. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01057 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1058 1 ‘‘(f) TOLLING.—Any applicable time limitations for 2 exercising an action prohibited under subsection (b) shall 3 be tolled during a covered period. 4 ‘‘(g) PREDISPUTE ARBITRATION AGREEMENTS.— 5 Notwithstanding any other provision of law, no predispute 6 arbitration agreement or predispute joint-action waiver 7 shall be valid or enforceable with respect to a dispute 8 brought under this section, including a dispute as to the 9 applicability of this section, which shall be determined 10 under Federal law.’’. 11 (b) CLERICAL AMENDMENT.—The table of contents 12 for the Fair Debt Collection Practices Act, as amended 13 by section 110402, is further amended by inserting after 14 the item relating to section 812A the following: ‘‘812B. Restrictions on collections of small business and nonprofit debt during a national disaster or emergency.’’. 15 SEC. 110602. REPAYMENT PERIOD AND FORBEARANCE FOR 16 SMALL BUSINESSES AND NONPROFIT ORGA- 17 NIZATIONS. 18 Section 812B of the Fair Debt Collection Practices 19 Act (15 U.S.C. 1692 et seq.), as added by section 110601, 20 is amended— 21 22 (1) by inserting after subsection (c) the following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01058 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1059 1 ‘‘(d) REPAYMENT PERIOD.—After the expiration of 2 a covered period, a debt collector shall comply with the 3 following: 4 ‘‘(1) DEBT 5 FINED PAYMENT PERIOD.—For 6 from credit with a defined term, the debt collector 7 shall extend the time period to repay any past due 8 balance of the debt by— any debt arising 9 ‘‘(A) 1 payment period for each payment 10 that a small business or nonprofit organization 11 missed during the covered period, with the pay- 12 ments due in the same amounts and at the 13 same intervals as the pre-existing payment 14 schedule; and 15 ‘‘(B) 1 payment period in addition to the 16 payment periods described under subparagraph 17 (A). 18 ‘‘(2) DEBT ARISING FROM AN OPEN END CRED- 19 IT PLAN.—For 20 plan, as defined in section 103 of the Truth in 21 Lending Act (15 U.S.C. 1602), the debt collector 22 shall allow the small business or nonprofit organiza- 23 tion to repay the past-due balance in a manner that 24 does not exceed the amounts permitted by the meth- 25 ods described in section 171(c) of the Truth in g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ARISING FROM CREDIT WITH A DE- 12:13 May 12, 2020 Jkt 000000 debt arising from an open end credit (763351 3) PO 00000 Frm 01059 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1060 1 Lending Act (15 U.S.C. 1666i–1(c)) and regulations 2 promulgated under that section. 3 ‘‘(3) DEBT 4 ‘‘(A) IN GENERAL.—For debt not de- 5 scribed under paragraph (2) or (3), the debt 6 collector shall— 7 ‘‘(i) allow the small business or non- 8 profit organization to repay the past-due 9 balance of the debt in substantially equal 10 payments over time; and 11 ‘‘(ii) provide the small business or 12 nonprofit organization with— 13 ‘‘(I) for past due balances of 14 $2,000 or less, 12 months to repay, or 15 such longer period as the debt col- 16 lector may allow; 17 ‘‘(II) for past due balances be- 18 tween $2,001 and $5,000, 24 months 19 to repay, or such longer period as the 20 debt collector may allow; or 21 ‘‘(III) for past due balances 22 greater than $5,000, 36 months to 23 repay, or such longer period as the 24 debt collector may allow. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ARISING FROM OTHER CREDIT.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01060 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1061 1 ‘‘(B) ADDITIONAL Di- 2 rector of the Bureau may issue rules to provide 3 greater repayment protections to small busi- 4 nesses and nonprofit organizations with debts 5 described under subparagraph (A). 6 ‘‘(C) RELATION TO STATE LAW.—This 7 paragraph shall not preempt any State law that 8 provides for greater small business or nonprofit 9 organization protections than this paragraph.’’; 10 and 11 (2) by adding at the end the following: 12 13 ‘‘(h) FORBEARANCE NESSES AND 14 FOR AFFECTED SMALL BUSI- NONPROFIT ORGANIZATIONS.— ‘‘(1) FORBEARANCE PROGRAM.—Each debt col- 15 lector that makes use of the credit facility described 16 in paragraph (4) shall establish a forbearance pro- 17 gram for debts available during the covered period. 18 ‘‘(2) AUTOMATIC GRANT OF FORBEARANCE 19 UPON REQUEST.—Under 20 quired under paragraph (1), upon the request of a 21 small business or nonprofit organization experi- 22 encing a financial hardship due, directly or indi- 23 rectly, to COVID–19, the debt collector shall grant 24 a forbearance on payment of debt for such time as 25 needed until the end of the covered period, with no g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PROTECTIONS.—The 12:13 May 12, 2020 Jkt 000000 a forbearance program re- (763351 3) PO 00000 Frm 01061 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1062 1 additional documentation required other than the 2 small business or nonprofit organization’s attestation 3 to a financial hardship caused by COVID–19 and 4 with no fees, penalties, or interest (beyond the 5 amounts scheduled or calculated as if the borrower 6 made all contractual payments on time and in full 7 under the terms of the loan contract) charged to the 8 borrower in connection with the forbearance. 9 ‘‘(3) EXCEPTION FOR CERTAIN MORTGAGE 10 LOANS SUBJECT TO THE CARES ACT.—This 11 section shall not apply to a mortgage loan subject to 12 section 4022 or 4023 of the CARES Act.’’. 13 sub- SEC. 110603. CREDIT FACILITY. 14 Section 812B(h) of the Fair Debt Collection Prac- 15 tices Act (15 U.S.C. 1692 et seq.), as added by section 16 110602, is amended by adding at the end the following: 17 18 ‘‘(4) CREDIT Board of Gov- ernors of the Federal Reserve System shall— 19 ‘‘(A) establish a facility, using amounts 20 made available under section 4003(b)(4) of the 21 CARES Act (15 U.S.C. 9042(b)(4)), to make 22 long-term, low-cost loans to debt collectors to 23 temporarily compensate such debt collectors for 24 documented financial losses caused by forbear- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FACILITY.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01062 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1063 1 ance of debt payments under this subsection; 2 and 3 ‘‘(B) defer debt collectors’ required pay- 4 ments on such loans until after small businesses 5 or nonprofit organizations’ debt payments re- 6 sume.’’. 7 SEC. 110604. MAIN STREET LENDING PROGRAM REQUIRE- 8 9 MENTS. (a) IN GENERAL.—Section 4003(c)(3)(D)(ii) of the 10 CARES Act (15 U.S.C. 9042(c)(3)(D)(ii)) is amended— 11 (1) by striking ‘‘Nothing in this subparagraph 12 shall limit the discretion of the Board of Governors 13 of the Federal Reserve System to’’ and inserting the 14 following: 15 ‘‘(I) IN Board of 16 Governors of the Federal Reserve Sys- 17 tem shall’’; and 18 (2) by adding at the end the following: 19 ‘‘(II) REQUIREMENTS.—In car- 20 rying out subclause (I), the Board of 21 Governors of the Federal Reserve Sys- 22 tem— 23 ‘‘(aa) shall make non-profit 24 organizations eligible for any pro- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01063 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1064 1 gram or facility established under 2 such subclause; 3 ‘‘(bb) shall create a low-cost 4 loan option tailored to the unique 5 needs of non-profit organizations, 6 including the ability to defer pay- 7 ments and, solely for non-profit 8 organizations that are ineligible 9 to receive a covered loan under 10 section 7(a)(36) of the Small 11 Business 12 636(a)(36)) and that predomi- 13 nantly serve low-income commu- 14 nities, as determined by the Fed- 15 eral Reserve, have the loans for- 16 given by the Department of the 17 Treasury for a similar purpose to 18 maintain payroll and operations 19 provided 20 Protection 21 standing section 4003(d)(3) of 22 the CARES Act;’’. 23 Act under (15 U.S.C. the Paycheck Program, notwith- (b) DEADLINE.—Not later than the end of the 5-day 24 period beginning on the date of enactment of this Act, the 25 Board of Governors of the Federal Reserve System shall g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01064 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1065 1 issue such rules or take such other actions as may be nec2 essary to implement the requirements made by the amend3 ments made by this section. 4 SEC. 110605. OPTIONS FOR SMALL BUSINESSES AND NON- 5 PROFITS UNDER THE MAIN STREET LENDING 6 PROGRAM. 7 (a) IN GENERAL.—Section (c)(3)(D)(ii)(II) of the 8 CARES Act (15 U.S.C. 9042(c)(3)(D)(ii)(II)), as added 9 by section 110604, is further amended by adding at the 10 end the following: 11 ‘‘(cc) shall provide at least 12 one low-cost loan option that 13 small businesses and small non- 14 profits are eligible for that does 15 not have a minimum loan size;’’. 16 (b) DEADLINE.—Not later than the end of the 5-day 17 period beginning on the date of enactment of this Act, the 18 Board of Governors of the Federal Reserve System shall 19 issue such rules or take such other actions as may be nec20 essary to implement the requirements made by the amend21 ments made by this section. 22 SEC. 110606. SAFE BANKING. 23 (a) SHORT TITLE; PURPOSE.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01065 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1066 1 (1) SHORT section may be cited 2 as the ‘‘Secure And Fair Enforcement Banking Act 3 of 2020’’ or the ‘‘SAFE Banking Act of 2020’’. 4 (2) PURPOSE.—The purpose of this section is 5 to increase public safety by ensuring access to finan- 6 cial services to cannabis-related legitimate businesses 7 and service providers and reducing the amount of 8 cash at such businesses. 9 (b) SAFE HARBOR 10 FOR DEPOSITORY INSTITU- TIONS.— 11 (1) IN 12 may not— GENERAL.—A Federal banking regulator 13 (A) terminate or limit the deposit in- 14 surance or share insurance of a depository 15 institution under the Federal Deposit In- 16 surance Act (12 U.S.C. 1811 et seq.), the 17 Federal Credit Union Act (12 U.S.C. 1751 18 et seq.), or take any other adverse action 19 against a depository institution under sec- 20 tion 8 of the Federal Deposit Insurance 21 Act (12 U.S.C. 1818) solely because the 22 depository institution provides or has pro- 23 vided financial services to a cannabis-re- 24 lated legitimate business or service pro- 25 vider; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TITLE.—This 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01066 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1067 1 (B) prohibit, penalize, or otherwise 2 discourage a depository institution from 3 providing financial services to a cannabis- 4 related legitimate business or service pro- 5 vider or to a State, political subdivision of 6 a State, or Indian Tribe that exercises ju- 7 risdiction over cannabis-related legitimate 8 businesses; 9 (C) recommend, incentivize, or en- 10 courage a depository institution not to 11 offer financial services to an account hold- 12 er, or to downgrade or cancel the financial 13 services offered to an account holder solely 14 because— 15 (i) the account holder is a can- 16 nabis-related legitimate business or 17 service provider, or is an employee, 18 owner, or operator of a cannabis-re- 19 lated legitimate business or service 20 provider; 21 (ii) the account holder later be- 22 comes an employee, owner, or oper- 23 ator of a cannabis-related legitimate 24 business or service provider; or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01067 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1068 1 (iii) the depository institution 2 was not aware that the account holder 3 is an employee, owner, or operator of 4 a cannabis-related legitimate business 5 or service provider; 6 (D) take any adverse or corrective su- 7 pervisory action on a loan made to— 8 (i) a cannabis-related legitimate 9 business or service provider, solely be- 10 cause the business is a cannabis-re- 11 lated legitimate business or service 12 provider; 13 (ii) an employee, owner, or oper- 14 ator of a cannabis-related legitimate 15 business or service provider, solely be- 16 cause the employee, owner, or oper- 17 ator is employed by, owns, or operates 18 a cannabis-related legitimate business 19 or service provider, as applicable; or 20 (iii) an owner or operator of real 21 estate or equipment that is leased to 22 a cannabis-related legitimate business 23 or service provider, solely because the 24 owner or operator of the real estate or 25 equipment leased the equipment or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01068 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1069 1 real estate to a cannabis-related legiti- 2 mate business or service provider, as 3 applicable; or 4 (E) prohibit or penalize a depository 5 institution (or entity performing a financial 6 service for or in association with a deposi- 7 tory institution) for, or otherwise discour- 8 age a depository institution (or entity per- 9 forming a financial service for or in asso- 10 ciation with a depository institution) from, 11 engaging in a financial service for a can- 12 nabis-related legitimate business or service 13 provider. 14 (2) SAFE HARBOR APPLICABLE TO DE NOVO IN- 15 STITUTIONS.—Paragraph 16 tution applying for a depository institution charter 17 to the same extent as such subsection applies to a 18 depository institution. 19 (c) PROTECTIONS FOR (1) shall apply to an insti- ANCILLARY BUSINESSES.— 20 For the purposes of sections 1956 and 1957 of title 18, 21 United States Code, and all other provisions of Federal 22 law, the proceeds from a transaction involving activities 23 of a cannabis-related legitimate business or service pro24 vider shall not be considered proceeds from an unlawful 25 activity solely because— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01069 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1070 1 (1) the transaction involves proceeds from a 2 cannabis-related legitimate business or service pro- 3 vider; or 4 (2) the transaction involves proceeds from— 5 (A) cannabis-related activities described in 6 subsection (n)(4)(B) conducted by a cannabis- 7 related legitimate business; or 8 (B) 9 10 described in subsection (n)(13)(A) conducted by a service provider. (d) PROTECTIONS UNDER FEDERAL LAW.— 11 (1) IN GENERAL.—With respect to providing a 12 financial service to a cannabis-related legitimate 13 business or service provider within a State, political 14 subdivision of a State, or Indian country that allows 15 the cultivation, production, manufacture, sale, trans- 16 portation, display, dispensing, distribution, or pur- 17 chase of cannabis pursuant to a law or regulation of 18 such State, political subdivision, or Indian Tribe 19 that has jurisdiction over the Indian country, as ap- 20 plicable, a depository institution, entity performing a 21 financial service for or in association with a deposi- 22 tory institution, or insurer that provides a financial 23 service to a cannabis-related legitimate business or 24 service provider, and the officers, directors, and em- 25 ployees of that depository institution, entity, or in- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 activities 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01070 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1071 1 surer may not be held liable pursuant to any Federal 2 law or regulation— 3 (A) solely for providing such a financial 4 service; or 5 (B) for further investing any income de- 6 rived from such a financial service. 7 (2) PROTECTIONS FEDERAL RESERVE 8 BANKS AND FEDERAL HOME LOAN BANKS.—With 9 respect to providing a service to a depository institu- 10 tion that provides a financial service to a cannabis- 11 related legitimate business or service provider (where 12 such financial service is provided within a State, po- 13 litical subdivision of a State, or Indian country that 14 allows the cultivation, production, manufacture, sale, 15 transportation, display, dispensing, distribution, or 16 purchase of cannabis pursuant to a law or regulation 17 of such State, political subdivision, or Indian Tribe 18 that has jurisdiction over the Indian country, as ap- 19 plicable), a Federal reserve bank or Federal Home 20 Loan Bank, and the officers, directors, and employ- 21 ees of the Federal reserve bank or Federal Home 22 Loan Bank, may not be held liable pursuant to any 23 Federal law or regulation— 24 (A) solely for providing such a service; or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01071 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1072 1 (B) for further investing any income de- 2 rived from such a service. 3 (3) PROTECTIONS re- 4 spect to engaging in the business of insurance within 5 a State, political subdivision of a State, or Indian 6 country that allows the cultivation, production, man- 7 ufacture, sale, transportation, display, dispensing, 8 distribution, or purchase of cannabis pursuant to a 9 law or regulation of such State, political subdivision, 10 or Indian Tribe that has jurisdiction over the Indian 11 country, as applicable, an insurer that engages in 12 the business of insurance with a cannabis-related le- 13 gitimate business or service provider or who other- 14 wise engages with a person in a transaction permis- 15 sible under State law related to cannabis, and the 16 officers, directors, and employees of that insurer 17 may not be held liable pursuant to any Federal law 18 or regulation— 19 (A) solely for engaging in the business of 20 insurance; or 21 (B) for further investing any income de- 22 rived from the business of insurance. 23 (4) FORFEITURE.— 24 (A) DEPOSITORY 25 12:13 May 12, 2020 INSTITUTIONS.—A depos- itory institution that has a legal interest in the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR INSURERS.—With Jkt 000000 (763351 3) PO 00000 Frm 01072 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1073 1 collateral for a loan or another financial service 2 provided to an owner, employee, or operator of 3 a cannabis-related legitimate business or service 4 provider, or to an owner or operator of real es- 5 tate or equipment that is leased or sold to a 6 cannabis-related legitimate business or service 7 provider, shall not be subject to criminal, civil, 8 or administrative forfeiture of that legal inter- 9 est pursuant to any Federal law for providing 10 such loan or other financial service. 11 (B) FEDERAL 12 ERAL HOME LOAN BANKS.—A 13 bank or Federal Home Loan Bank that has a 14 legal interest in the collateral for a loan or an- 15 other financial service provided to a depository 16 institution that provides a financial service to a 17 cannabis-related legitimate business or service 18 provider, or to an owner or operator of real es- 19 tate or equipment that is leased or sold to a 20 cannabis-related legitimate business or service 21 provider, shall not be subject to criminal, civil, 22 or administrative forfeiture of that legal inter- 23 est pursuant to any Federal law for providing 24 such loan or other financial service. 25 12:13 May 12, 2020 Federal reserve (e) RULES OF CONSTRUCTION.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RESERVE BANKS AND FED- Jkt 000000 (763351 3) PO 00000 Frm 01073 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1074 1 (1) NO REQUIREMENT TO PROVIDE FINANCIAL 2 SERVICES.—Nothing 3 depository institution, entity performing a financial 4 service for or in association with a depository insti- 5 tution, or insurer to provide financial services to a 6 cannabis-related legitimate business, service pro- 7 vider, or any other business. 8 (2) GENERAL 9 in this section shall require a EXAMINATION, SUPERVISORY, AND ENFORCEMENT AUTHORITY.—Nothing in this 10 section may be construed in any way as limiting or 11 otherwise restricting the general examination, super- 12 visory, and enforcement authority of the Federal 13 banking regulators, provided that the basis for any 14 supervisory or enforcement action is not the provi- 15 sion of financial services to a cannabis-related legiti- 16 mate business or service provider. 17 (f) REQUIREMENTS 18 ITY FOR FILING SUSPICIOUS ACTIV- REPORTS.—Section 5318(g) of title 31, United States 19 Code, is amended by adding at the end the following: 20 ‘‘(5) REQUIREMENTS 21 LEGITIMATE BUSINESSES.— 22 ‘‘(A) IN GENERAL.—With respect to a fi- 23 nancial institution or any director, officer, em- 24 ployee, or agent of a financial institution that 25 reports a suspicious transaction pursuant to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR CANNABIS-RELATED 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01074 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1075 1 this subsection, if the reason for the report re- 2 lates to a cannabis-related legitimate business 3 or service provider, the report shall comply with 4 appropriate guidance issued by the Financial 5 Crimes Enforcement Network. The Secretary 6 shall ensure that the guidance is consistent with 7 the purpose and intent of the SAFE Banking 8 Act of 2020 and does not significantly inhibit 9 the provision of financial services to a cannabis- 10 related legitimate business or service provider in 11 a State, political subdivision of a State, or In- 12 dian country that has allowed the cultivation, 13 production, manufacture, transportation, dis- 14 play, dispensing, distribution, sale, or purchase 15 of cannabis pursuant to law or regulation of 16 such State, political subdivision, or Indian 17 Tribe that has jurisdiction over the Indian 18 country. 19 ‘‘(B) DEFINITIONS.—For purposes of this 20 paragraph: 21 ‘‘(i) CANNABIS.—The term ‘cannabis’ 22 has the meaning given the term ‘mari- 23 huana’ in section 102 of the Controlled 24 Substances Act (21 U.S.C. 802). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01075 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1076 1 ‘‘(ii) CANNABIS-RELATED 2 BUSINESS.—The 3 gitimate business’ has the meaning given 4 that term in subsection (n) of the SAFE 5 Banking Act of 2020. 6 term ‘cannabis-related le- ‘‘(iii) INDIAN COUNTRY.—The term 7 ‘Indian country’ has the meaning given 8 that term in section 1151 of title 18. 9 ‘‘(iv) INDIAN TRIBE.—The term ‘In- 10 dian Tribe’ has the meaning given that 11 term in section 102 of the Federally Rec- 12 ognized Indian Tribe List Act of 1994 (25 13 U.S.C. 479a). 14 ‘‘(v) FINANCIAL SERVICE.—The term 15 ‘financial service’ has the meaning given 16 that term in subsection (n) of the SAFE 17 Banking Act of 2020. 18 ‘‘(vi) SERVICE PROVIDER.—The term 19 ‘service provider’ has the meaning given 20 that term in subsection (n) of the SAFE 21 Banking Act of 2020. 22 ‘‘(vii) STATE.—The term ‘State’ 23 means each of the several States, the Dis- 24 trict of Columbia, Puerto Rico, and any g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 LEGITIMATE 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01076 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1077 1 territory or possession of the United 2 States.’’. 3 (g) GUIDANCE AND EXAMINATION PROCEDURES.— 4 Not later than 180 days after the date of enactment of 5 this Act, the Financial Institutions Examination Council 6 shall develop uniform guidance and examination proce7 dures for depository institutions that provide financial 8 services to cannabis-related legitimate businesses and 9 service providers. 10 (h) ANNUAL DIVERSITY AND INCLUSION REPORT.— 11 The Federal banking regulators shall issue an annual re12 port to Congress containing— 13 (1) information and data on the availability of 14 access to financial services for minority-owned and 15 women-owned cannabis-related legitimate businesses; 16 and 17 (2) any regulatory or legislative recommenda- 18 tions for expanding access to financial services for 19 minority-owned and women-owned cannabis-related 20 legitimate businesses. 21 (i) GAO STUDY ON DIVERSITY AND INCLUSION.— 22 (1) STUDY.—The Comptroller General of the 23 United States shall carry out a study on the barriers 24 to marketplace entry, including in the licensing proc- 25 ess, and the access to financial services for potential g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01077 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1078 1 and existing minority-owned and women-owned can- 2 nabis-related legitimate businesses. 3 4 (2) REPORT.—The Comptroller General shall issue a report to the Congress— 5 (A) containing all findings and determina- 6 tions made in carrying out the study required 7 under paragraph (1); and 8 (B) containing any regulatory or legislative 9 recommendations for removing barriers to mar- 10 ketplace entry, including in the licensing proc- 11 ess, and expanding access to financial services 12 for potential and existing minority-owned and 13 women-owned cannabis-related legitimate busi- 14 nesses. 15 (j) GAO STUDY 16 REPORTS ON ON EFFECTIVENESS OF CERTAIN FINDING CERTAIN PERSONS.—Not later 17 than 2 years after the date of the enactment of this Act, 18 the Comptroller General of the United States shall carry 19 out a study on the effectiveness of reports on suspicious 20 transactions filed pursuant to section 5318(g) of title 31, 21 United States Code, at finding individuals or organiza22 tions suspected or known to be engaged with transnational 23 criminal organizations and whether any such engagement 24 exists in a State, political subdivision, or Indian Tribe that 25 has jurisdiction over Indian country that allows the cul- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01078 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1079 1 tivation, production, manufacture, sale, transportation, 2 display, dispensing, distribution, or purchase of cannabis. 3 The study shall examine reports on suspicious trans4 actions as follows: 5 (1) During the period of 2014 until the date of 6 the enactment of this Act, reports relating to mari- 7 juana-related businesses. 8 (2) During the 1-year period after date of the 9 enactment of this Act, reports relating to cannabis- 10 related legitimate businesses. 11 (k) BANKING SERVICES 12 HEMP BUSINESSES.— (1) FINDINGS.—The Congress finds that— 13 (A) the Agriculture Improvement Act of 14 2018 (Public Law 115–334) legalized hemp by 15 removing it from the definition of ‘‘marihuana’’ 16 under the Controlled Substances Act; 17 (B) despite the legalization of hemp, some 18 hemp businesses (including producers, manufac- 19 turers, and retailers) continue to have difficulty 20 gaining access to banking products and serv- 21 ices; and 22 (C) businesses involved in the sale of 23 hemp-derived cannabidiol (‘‘CBD’’) products 24 are particularly affected, due to confusion about 25 their legal status. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01079 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1080 1 (2) FEDERAL BANKING REGULATOR HEMP 2 BANKING GUIDANCE.—Not 3 90-day period beginning on the date of enactment of 4 this Act, the Federal banking regulators shall jointly 5 issue guidance to financial institutions— later than the end of the 6 (A) confirming the legality of hemp, hemp- 7 derived CBD products, and other hemp-derived 8 cannabinoid products, and the legality of engag- 9 ing in financial services with businesses selling 10 hemp, hemp-derived CBD products, and other 11 hemp-derived cannabinoid products, after the 12 enactment of the Agriculture Improvement Act 13 of 2018; and 14 (B) to provide recommended best practices 15 for financial institutions to follow when pro- 16 viding financial services and merchant proc- 17 essing services to businesses involved in the sale 18 of hemp, hemp-derived CBD products, and 19 other hemp-derived cannabinoid products. 20 (3) FINANCIAL INSTITUTION DEFINED.—In this 21 section, the term ‘‘financial institution’’ means any 22 person providing financial services. 23 (l) APPLICATION OF SAFE HARBORS TO HEMP AND 24 CBD PRODUCTS.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01080 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1081 1 (1) IN as provided under 2 paragraph (2), the provisions of this section (other 3 than subsections (f) and (j)) shall apply to hemp (in- 4 cluding hemp-derived cannabidiol and other hemp- 5 derived cannabinoid products) in the same manner 6 as such provisions apply to cannabis. 7 (2) RULE OF APPLICATION.—In applying the 8 provisions of this section described under paragraph 9 (1) to hemp, the definition of ‘‘cannabis-related le- 10 gitimate business’’ shall be treated as excluding any 11 requirement to engage in activity pursuant to the 12 law of a State or political subdivision thereof. 13 (3) HEMP DEFINED.—In this subsection, the 14 term ‘‘hemp’’ has the meaning given that term 15 under section 297A of the Agricultural Marketing 16 Act of 1946 (7 U.S.C. 1639o). 17 (m) REQUIREMENTS 18 NATION 19 20 FOR DEPOSIT ACCOUNT TERMI- REQUESTS AND ORDERS.— (1) TERMINATION REQUESTS OR ORDERS MUST BE VALID.— 21 (A) IN GENERAL.—An appropriate Federal 22 banking agency may not formally or informally 23 request or order a depository institution to ter- 24 minate a specific customer account or group of 25 customer accounts or to otherwise restrict or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Except 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01081 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1082 1 discourage a depository institution from enter- 2 ing into or maintaining a banking relationship 3 with a specific customer or group of customers 4 unless— 5 (i) the agency has a valid reason for 6 such request or order; and 7 (ii) such reason is not based solely on 8 reputation risk. 9 (B) TREATMENT 10 THREATS.—If 11 agency believes a specific customer or group of 12 customers is, or is acting as a conduit for, an 13 entity which— an appropriate Federal banking 14 (i) poses a threat to national security; 15 (ii) is involved in terrorist financing; 16 (iii) is an agency of the Government 17 of Iran, North Korea, Syria, or any coun- 18 try listed from time to time on the State 19 Sponsors of Terrorism list; 20 (iv) is located in, or is subject to the 21 jurisdiction of, any country specified in 22 clause (iii); or 23 (v) does business with any entity de- 24 scribed in clause (iii) or (iv), unless the ap- 25 propriate Federal banking agency deter- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF NATIONAL SECURITY 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01082 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1083 1 mines that the customer or group of cus- 2 tomers has used due diligence to avoid 3 doing business with any entity described in 4 clause (iii) or (iv), 5 such belief shall satisfy the requirement under 6 subparagraph (A). 7 (2) NOTICE 8 (A) IN GENERAL.—If an appropriate Fed- 9 eral banking agency formally or informally re- 10 quests or orders a depository institution to ter- 11 minate a specific customer account or a group 12 of customer accounts, the agency shall— 13 (i) provide such request or order to 14 the institution in writing; and 15 (ii) accompany such request or order 16 with a written justification for why such 17 termination is needed, including any spe- 18 cific laws or regulations the agency believes 19 are being violated by the customer or 20 group of customers, if any. 21 (B) 22 justification 23 (A)(ii) may not be based solely on the reputa- 24 tion risk to the depository institution. 25 (3) CUSTOMER g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REQUIREMENT.— 12:13 May 12, 2020 Jkt 000000 JUSTIFICATION described REQUIREMENT.—A under subparagraph NOTICE.— (763351 3) PO 00000 Frm 01083 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1084 1 (A) NOTICE as pro- 2 vided under subparagraph (B) or as otherwise 3 prohibited from being disclosed by law, if an ap- 4 propriate Federal banking agency orders a de- 5 pository institution to terminate a specific cus- 6 tomer account or a group of customer accounts, 7 the depository institution shall inform the spe- 8 cific customer or group of customers of the jus- 9 tification for the customer’s account termi- 10 nation described under paragraph (2). 11 (B) NOTICE 12 PROHIBITED.— (i) NOTICE PROHIBITED IN CASES OF 13 NATIONAL SECURITY.—If 14 Federal banking agency requests or orders 15 a depository institution to terminate a spe- 16 cific customer account or a group of cus- 17 tomer accounts based on a belief that the 18 customer or customers pose a threat to na- 19 tional security, or are otherwise described 20 under subsection (a)(2), neither the deposi- 21 tory institution nor the appropriate Fed- 22 eral banking agency may inform the cus- 23 tomer or customers of the justification for 24 the customer’s account termination. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REQUIRED.—Except 12:13 May 12, 2020 Jkt 000000 an appropriate (763351 3) PO 00000 Frm 01084 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1085 1 (ii) NOTICE 2 CASES.—If 3 agency determines that the notice required 4 under subparagraph (A) may interfere 5 with an authorized criminal investigation, 6 neither the depository institution nor the 7 appropriate Federal banking agency may 8 inform the specific customer or group of 9 customers of the justification for the cus- 10 an appropriate Federal banking tomer’s account termination. 11 (4) REPORTING REQUIREMENT.—Each appro- 12 priate Federal banking agency shall issue an annual 13 report to the Congress stating— 14 (A) the aggregate number of specific cus- 15 tomer accounts that the agency requested or or- 16 dered a depository institution to terminate dur- 17 ing the previous year; and 18 (B) the legal authority on which the agen- 19 cy relied in making such requests and orders 20 and the frequency on which the agency relied 21 on each such authority. 22 (5) DEFINITIONS.—For purposes of this sub- 23 section: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PROHIBITED IN OTHER 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01085 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1086 1 (A) FEDERAL 2 AGENCY.—The 3 banking agency’’ means— term BANKING ‘‘appropriate Federal 4 (i) the appropriate Federal banking 5 agency, as defined under section 3 of the 6 Federal Deposit Insurance Act (12 U.S.C. 7 1813); and 8 (ii) the National Credit Union Admin- 9 istration, in the case of an insured credit 10 union. 11 (B) DEPOSITORY 12 INSTITUTION.—The term ‘‘depository institution’’ means— 13 (i) a depository institution, as defined 14 under section 3 of the Federal Deposit In- 15 surance Act (12 U.S.C. 1813); and 16 17 (ii) an insured credit union. (n) DEFINITIONS.—In this Act: 18 (1) BUSINESS OF INSURANCE.—The term 19 ‘‘business of insurance’’ has the meaning given such 20 term in section 1002 of the Dodd-Frank Wall Street 21 Reform and Consumer Protection Act (12 U.S.C. 22 5481). 23 (2) CANNABIS.—The term ‘‘cannabis’’ has the 24 meaning given the term ‘‘marihuana’’ in section 102 25 of the Controlled Substances Act (21 U.S.C. 802). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 APPROPRIATE 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01086 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1087 1 (3) CANNABIS term ‘‘cannabis 2 product’’ means any article which contains cannabis, 3 including an article which is a concentrate, an edi- 4 ble, a tincture, a cannabis-infused product, or a top- 5 ical. 6 (4) 7 NESS.—The 8 ness’’ means a manufacturer, producer, or any per- 9 son or company that— CANNABIS-RELATED LEGITIMATE BUSI- term ‘‘cannabis-related legitimate busi- 10 (A) engages in any activity described in 11 subparagraph (B) pursuant to a law established 12 by a State or a political subdivision of a State, 13 as determined by such State or political subdivi- 14 sion; and 15 (B) participates in any business or orga- 16 nized activity that involves handling cannabis or 17 cannabis products, including cultivating, pro- 18 ducing, manufacturing, selling, transporting, 19 displaying, dispensing, distributing, or pur- 20 chasing cannabis or cannabis products. 21 (5) DEPOSITORY 22 INSTITUTION.—The term ‘‘de- pository institution’’ means— 23 (A) a depository institution as defined in 24 section 3(c) of the Federal Deposit Insurance 25 Act (12 U.S.C. 1813(c)); g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PRODUCT.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01087 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1088 1 (B) a Federal credit union as defined in 2 section 101 of the Federal Credit Union Act 3 (12 U.S.C. 1752); or 4 (C) a State credit union as defined in sec- 5 tion 101 of the Federal Credit Union Act (12 6 U.S.C. 1752). 7 (6) BANKING REGULATOR.—The 8 term ‘‘Federal banking regulator’’ means each of the 9 Board of Governors of the Federal Reserve System, 10 the Bureau of Consumer Financial Protection, the 11 Federal Deposit Insurance Corporation, the Federal 12 Housing Finance Agency, the Financial Crimes En- 13 forcement Network, the Office of Foreign Asset 14 Control, the Office of the Comptroller of the Cur- 15 rency, the National Credit Union Administration, 16 the Department of the Treasury, or any Federal 17 agency or department that regulates banking or fi- 18 nancial services, as determined by the Secretary of 19 the Treasury. 20 21 (7) FINANCIAL SERVICE.—The term ‘‘financial service’’— 22 (A) means a financial product or service, 23 as defined in section 1002 of the Dodd-Frank 24 Wall Street Reform and Consumer Protection 25 Act (12 U.S.C. 5481); g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FEDERAL 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01088 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1089 1 (B) includes the business of insurance; 2 (C) includes, whether performed directly or 3 indirectly, the authorizing, processing, clearing, 4 settling, billing, transferring for deposit, trans- 5 mitting, delivering, instructing to be delivered, 6 reconciling, collecting, or otherwise effectuating 7 or facilitating of payments or funds, where such 8 payments or funds are made or transferred by 9 any means, including by the use of credit cards, 10 debit cards, other payment cards, or other ac- 11 cess devices, accounts, original or substitute 12 checks, or electronic funds transfers; 13 (D) includes acting as a money transmit- 14 ting business which directly or indirectly makes 15 use of a depository institution in connection 16 with effectuating or facilitating a payment for 17 a cannabis-related legitimate business or service 18 provider in compliance with section 5330 of 19 title 31, United States Code, and any applicable 20 State law; and 21 (E) includes acting as an armored car 22 service for processing and depositing with a de- 23 pository institution or a Federal reserve bank 24 with respect to any monetary instruments (as g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01089 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1090 1 defined under section 1956(c)(5) of title 18, 2 United States Code. 3 (8) INDIAN term ‘‘Indian coun- 4 try’’ has the meaning given that term in section 5 1151 of title 18. 6 (9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 7 has the meaning given that term in section 102 of 8 the Federally Recognized Indian Tribe List Act of 9 1994 (25 U.S.C. 479a). 10 (10) INSURER.—The term ‘‘insurer’’ has the 11 meaning given that term under section 313(r) of 12 title 31, United States Code. 13 (11) MANUFACTURER.—The term ‘‘manufac- 14 turer’’ means a person who manufactures, com- 15 pounds, converts, processes, prepares, or packages 16 cannabis or cannabis products. 17 (12) PRODUCER.—The term ‘‘producer’’ means 18 a person who plants, cultivates, harvests, or in any 19 way facilitates the natural growth of cannabis. 20 21 (13) SERVICE term ‘‘service (A) means a business, organization, or 23 other person that— 24 (i) sells goods or services to a can- 25 nabis-related legitimate business; or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 PROVIDER.—The provider’’— 22 VerDate Mar 15 2010 COUNTRY.—The Jkt 000000 (763351 3) PO 00000 Frm 01090 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1091 1 (ii) provides any business services, in- 2 cluding the sale or lease of real or any 3 other property, legal or other licensed serv- 4 ices, or any other ancillary service, relating 5 to cannabis; and 6 (B) does not include a business, organiza- 7 tion, or other person that participates in any 8 business or organized activity that involves han- 9 dling cannabis or cannabis products, including 10 cultivating, producing, manufacturing, selling, 11 transporting, displaying, dispensing, distrib- 12 uting, or purchasing cannabis or cannabis prod- 13 ucts. 14 (14) STATE.—The term ‘‘State’’ means each of 15 the several States, the District of Columbia, Puerto 16 Rico, and any territory or possession of the United 17 States. 18 (o) DISCRETIONARY SURPLUS FUNDS.—Section 19 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 20 289(a)(3)(A)) is amended by striking ‘‘$6,825,000,000’’ 21 and inserting ‘‘$6,821,000,000’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01091 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1092 1 TITLE VII—EMPOWERING COMMUNITY 2 FINANCIAL INSTITUTIONS 3 SEC. 110701. COMMUNITY DEVELOPMENT FINANCIAL INSTI- 4 5 TUTIONS FUND. (a) IN GENERAL.—There is authorized to be appro- 6 priated to the Community Development Financial Institu7 tions Fund, out of amounts in the general fund not other8 wise appropriated, $2,000,000,000 for fiscal year 2020, 9 for providing financial assistance and technical assistance 10 under subparagraphs (A) and (B) of section 108(a)(1) of 11 the Community Development Banking and Financial In12 stitutions Act of 1994 (12 U.S.C. 4707(a)(1)), except that 13 subsections (d) and (e) of such section 108 shall not apply 14 to the provision of such assistance, for the Bank Enter15 prise Award program, and for financial assistance, tech16 nical assistance, training, and outreach programs designed 17 to benefit Native American, Native Hawaiian, and Alaska 18 Native communities and provided primarily through quali19 fied community development lender organizations with ex20 perience and expertise in community development banking 21 and lending in Indian country, Native American organiza22 tions, Tribes and Tribal organizations, and other suitable 23 providers. Of the amount appropriated pursuant to this 24 heading, not less than $800,000,000 shall be for providing 25 financial assistance, technical assistance, awards, training, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01092 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1093 1 and outreach programs described above to recipients that 2 are minority lending institutions. 3 (b) DEFINITIONS.—For purposes of this section: 4 (1) MINORITY LENDING INSTITUTION.—The 5 term ‘‘minority lending institution’’ means any de- 6 pository institution, loan fund, or other financial in- 7 stitution that— 8 (A) if a privately-owned institution, 51 per- 9 cent is owned by one or more socially and eco- 10 nomically disadvantaged individuals; 11 (B) if publicly-owned, 51 percent of the 12 stock is owned by one or more socially and eco- 13 nomically disadvantaged individuals; and 14 (C) in the case of a mutual institution, 15 where the majority of the Board of Directors, 16 account holders, and the community which it 17 services is predominantly minority. 18 (2) MINORITY.—The term ‘‘minority’’ means 19 any black American, Native American, Hispanic 20 American, or Asian American. 21 SEC. 110702. ENSURING DIVERSITY IN COMMUNITY BANK- 22 23 ING. (a) SHORT TITLE.—This section may be cited as the 24 ‘‘Ensuring Diversity in Community Banking Act of 25 2020’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01093 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1094 1 2 (b) COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION.—In this section, the term ‘‘community develop- 3 ment financial institution’’ has the meaning given under 4 section 103 of the Riegle Community Development and 5 Regulatory Improvement Act of 1994 (12 U.S.C. 4702). 6 (c) MINORITY DEPOSITORY INSTITUTION.—In this 7 section, the term ‘‘minority depository institution’’ has the 8 meaning given under section 308 of the Financial Institu9 tions Reform, Recovery, and Enforcement Act of 1989 (12 10 U.S.C. 1463 note), as amended by this section. 11 12 (d) INCLUSION TION OF OF WOMEN’S BANKS IN THE DEFINI- MINORITY DEPOSITORY INSTITUTION.—Section 13 308(b)(1) of the Financial Institutions Reform, Recovery, 14 and Enforcement Act of 1989 (12 U.S.C. 1463 note) is 15 amended— 16 17 (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; 18 (2) by striking ‘‘means any’’ and inserting the 19 following: ‘‘means— 20 ‘‘(A) any’’; and 21 (3) in clause (iii) (as so redesignated), by strik- 22 ing the period at the end and inserting ‘‘; or’’; and 23 (4) by inserting at the end the following new 24 subparagraph: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01094 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1095 1 ‘‘(B) any bank described in clause (i), (ii), 2 or (iii) of section 19(b)(1)(A) of the Federal 3 Reserve Act— 4 ‘‘(i) more than 50 percent of the out- 5 standing shares of which are held by 1 or 6 more women; and 7 ‘‘(ii) the majority of the directors on 8 the board of directors of which are 9 women.’’. 10 11 (e) ESTABLISHMENT IMPACT BANK DESIGNA- TION.— 12 (1) IN GENERAL.—Each appropriate Federal 13 banking agency shall establish a program under 14 which a depository institution with total consolidated 15 assets of less than $10,000,000,000 may elect to be 16 designated as an impact bank if the total dollar 17 value of the loans extended by such depository insti- 18 tution to low-income borrowers is greater than or 19 equal to 50 percent of the assets of such bank. 20 (2) DESIGNATION.—Based on data obtained 21 through examinations, an appropriate Federal bank- 22 ing agency shall submit a notification to a depository 23 institution stating that the depository institution 24 qualifies for designation as an impact bank. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01095 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1096 1 (3) APPLICATION.—A depository institution 2 that does not receive a notification described in 3 paragraph (2) may submit an application to the ap- 4 propriate Federal banking agency demonstrating 5 that the depository institution qualifies for designa- 6 tion as an impact bank. 7 (4) ADDITIONAL de- 8 pository institution is not required to submit addi- 9 tional data to an appropriate Federal banking agen- 10 cy or be subject to additional oversight from such an 11 agency if such data or oversight is related specifi- 12 cally and solely for consideration for a designation 13 as an impact bank. 14 (5) REMOVAL OF DESIGNATION.—If an appro- 15 priate Federal banking agency determines that a de- 16 pository institution designated as an impact bank no 17 longer meets the criteria for such designation, the 18 appropriate Federal banking agency shall rescind 19 the designation and notify the depository institution 20 of such rescission. 21 22 (6) RECONSIDERATION PEALS.—A OF DESIGNATION; AP- depository institution may— 23 (A) submit to the appropriate Federal 24 banking agency a request to reconsider a deter- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DATA OR OVERSIGHT.—A 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01096 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1097 1 mination that such depository institution no 2 longer meets the criteria for the designation; or 3 (B) file an appeal in accordance with pro- 4 cedures established by the appropriate Federal 5 banking agency. 6 (7) RULEMAKING.—Not later than 1 year after 7 the date of the enactment of this Act, the appro- 8 priate Federal banking agencies shall jointly issue 9 rules to carry out the requirements of this para- 10 graph, including by providing a definition of a low- 11 income borrower. 12 (8) REPORTS.—Each appropriate Federal bank- 13 ing agency shall submit an annual report to the 14 Congress containing a description of actions taken to 15 carry out this paragraph. 16 (9) FEDERAL DEPOSIT INSURANCE ACT DEFINI- 17 TIONS.—In 18 institution’’ and ‘‘appropriate Federal banking agen- 19 cy’’ have the meanings given such terms, respec- 20 tively, in section 3 of the Federal Deposit Insurance 21 Act (12 U.S.C. 1813). 22 (f) MINORITY DEPOSITORY INSTITUTIONS ADVISORY this subsection, the terms ‘‘depository 23 COMMITTEES.— 24 (1) ESTABLISHMENT.—Each covered regulator 25 shall establish an advisory committee to be called the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01097 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1098 1 ‘‘Minority Depository Institutions Advisory Com- 2 mittee’’. 3 (2) DUTIES.—Each Minority Depository Insti- 4 tutions Advisory Committee shall provide advice to 5 the respective covered regulator on meeting the goals 6 established by section 308 of the Financial Institu- 7 tions Reform, Recovery, and Enforcement Act of 8 1989 (12 U.S.C. 1463 note) to preserve the present 9 number of covered minority institutions, preserve the 10 minority character of minority-owned institutions in 11 cases involving mergers or acquisitions, provide tech- 12 nical assistance, and encourage the creation of new 13 covered minority institutions. The scope of the work 14 of each such Minority Depository Institutions Advi- 15 sory Committee shall include an assessment of the 16 current condition of covered minority institutions, 17 what regulatory changes or other steps the respec- 18 tive agencies may be able to take to fulfill the re- 19 quirements of such section 308, and other issues of 20 concern to minority depository institutions. 21 (3) MEMBERSHIP.— 22 (A) IN Minority Deposi- 23 tory Institutions Advisory Committee shall con- 24 sist of no more than 10 members, who— 25 (i) shall serve for one two-year term; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Each 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01098 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1099 1 (ii) shall serve as a representative of 2 a depository institution or an insured cred- 3 it union with respect to which the respec- 4 tive covered regulator is the covered regu- 5 lator of such depository institution or in- 6 sured credit union; and 7 (iii) shall not receive pay by reason of 8 their service on the advisory committee, 9 but may receive travel or transportation 10 expenses in accordance with section 5703 11 of title 5, United States Code. 12 (B) DIVERSITY.—To the extent prac- 13 ticable, each covered regulator shall ensure that 14 the members of Minority Depository Institu- 15 tions Advisory Committee of such agency reflect 16 the diversity of depository institutions. 17 (4) MEETINGS.— 18 (A) IN Minority Deposi- 19 tory Institutions Advisory Committee shall meet 20 not less frequently than twice each year. 21 (B) INVITATIONS.—Each Minority Deposi- 22 tory Institutions Advisory Committee shall in- 23 vite the attendance at each meeting of the Mi- 24 nority Depository Institutions Advisory Com- 25 mittee of— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Each 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01099 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1100 1 (i) one member of the majority party 2 and one member of the minority party of 3 the Committee on Financial Services of the 4 House of Representatives and the Com- 5 mittee on Banking, Housing, and Urban 6 Affairs of the Senate; and 7 (ii) one member of the majority party 8 and one member of the minority party of 9 any relevant subcommittees of such com- 10 mittees. 11 (5) NO TERMINATION OF ADVISORY COMMIT- 12 TEES.—The termination requirements under section 13 14 of the Federal Advisory Committee Act (5 U.S.C. 14 app.) shall not apply to a Minority Depository Insti- 15 tutions Advisory Committee established pursuant to 16 this section. 17 (6) DEFINITIONS.—In this paragraph: 18 (A) COVERED term 19 ‘‘covered regulator’’ means the Comptroller of 20 the Currency, the Board of Governors of the 21 Federal Reserve System, the Federal Deposit 22 Insurance Corporation, and the National Credit 23 Union Administration. 24 (B) COVERED 25 12:13 May 12, 2020 MINORITY INSTITUTION.— The term ‘‘covered minority institution’’ means g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REGULATOR.—The Jkt 000000 (763351 3) PO 00000 Frm 01100 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1101 1 a minority depository institution (as defined in 2 section 308(b) of the Financial Institutions Re- 3 form, Recovery, and Enforcement Act of 1989 4 (12 U.S.C. 1463 note)) or a minority credit 5 union (as defined in section 1204(c) of the Fi- 6 nancial Institutions Reform, Recovery, and En- 7 forcement Act of 1989, as amended by this 8 Act). 9 (C) DEPOSITORY term 10 ‘‘depository institution’’ has the meaning given 11 under section 3 of the Federal Deposit Insur- 12 ance Act (12 U.S.C. 1813). 13 (D) INSURED CREDIT UNION.—The term 14 ‘‘insured credit union’’ has the meaning given 15 in section 101 of the Federal Credit Union Act 16 (12 U.S.C. 1752). 17 (7) TECHNICAL AMENDMENT.—Section 308(b) 18 of the Financial Institutions Reform, Recovery, and 19 Enforcement Act of 1989 (12 U.S.C. 1463 note) is 20 amended by adding at the end the following new 21 paragraph: 22 ‘‘(3) DEPOSITORY INSTITUTION.—The term ‘de- 23 pository institution’ means an ‘insured depository in- 24 stitution’ (as defined in section 3 of the Federal De- 25 posit Insurance Act (12 U.S.C. 1813)) and an in- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 INSTITUTION.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01101 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1102 1 sured credit union (as defined in section 101 of the 2 Federal Credit Union Act (12 U.S.C. 1752)).’’. 3 (g) FEDERAL DEPOSITS IN MINORITY DEPOSITORY 4 INSTITUTIONS.— 5 (1) IN GENERAL.—Section 308 of the Financial 6 Institutions Reform, Recovery, and Enforcement Act 7 of 1989 (12 U.S.C. 1463 note) is amended— 8 (A) by adding at the end the following new 9 10 subsection: ‘‘(d) FEDERAL DEPOSITS.—The Secretary of the 11 Treasury shall ensure that deposits made by Federal agen12 cies in minority depository institutions and impact banks 13 are collateralized or insured, as determined by the Sec14 retary. Such deposits shall include reciprocal deposits, as 15 defined under section 29(i)(2) of the Federal Deposit In16 surance Act (12 U.S.C. 1831f(i)(2)).’’; and 17 (B) in subsection (b), as amended by sec- 18 tion 6(g), by adding at the end the following 19 new paragraph: 20 ‘‘(4) IMPACT term ‘impact bank’ 21 means a depository institution designated by an ap- 22 propriate Federal banking agency pursuant to sub- 23 section (e) of the Ensuring Diversity in Community 24 Banking Act of 2020.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BANK.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01102 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1103 1 (2) TECHNICAL 308 of 2 the Financial Institutions Reform, Recovery, and 3 Enforcement Act of 1989 (12 U.S.C. 1463 note) is 4 amended— 5 (A) in the matter preceding paragraph (1), 6 by striking ‘‘section—’’ and inserting ‘‘sec- 7 tion:’’; and 8 (B) in the paragraph heading for para- 9 graph (1), by striking ‘‘FINANCIAL’’ and insert- 10 ing ‘‘DEPOSITORY’’. 11 (h) MINORITY BANK DEPOSIT PROGRAM.— 12 (1) IN GENERAL.—Section 1204 of the Finan- 13 cial Institutions Reform, Recovery, and Enforcement 14 Act of 1989 (12 U.S.C. 1811 note) is amended to 15 read as follows: 16 ‘‘SEC. 1204. EXPANSION OF USE OF MINORITY BANKS AND 17 18 MINORITY CREDIT UNIONS. ‘‘(a) MINORITY BANK DEPOSIT PROGRAM.— 19 ‘‘(1) ESTABLISHMENT.—There is established a 20 program to be known as the ‘Minority Bank Deposit 21 Program’ to expand the use of minority banks and 22 minority credit unions. 23 ‘‘(2) ADMINISTRATION.—The Secretary of the 24 Treasury, acting through the Fiscal Service, shall— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AMENDMENTS.—Section 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01103 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1104 1 ‘‘(A) on application by a depository institu- 2 tion or credit union, certify whether such depos- 3 itory institution or credit union is a minority 4 bank or minority credit union; 5 ‘‘(B) maintain and publish a list of all de- 6 pository institutions and credit unions that have 7 been certified pursuant to subparagraph (A); 8 and 9 ‘‘(C) periodically distribute the list de- 10 scribed in subparagraph (B) to— 11 ‘‘(i) all Federal departments and 12 agencies; 13 ‘‘(ii) interested State and local govern- 14 ments; and 15 ‘‘(iii) interested private sector compa- 16 nies. 17 ‘‘(3) INCLUSION CERTAIN ENTITIES ON 18 LIST.—A 19 on the date of the enactment of this section, has a 20 current certification from the Secretary of the 21 Treasury stating that such depository institution or 22 credit union is a minority bank or minority credit 23 union shall be included on the list described under 24 paragraph (2)(B). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 depository institution or credit union that, (763351 3) PO 00000 Frm 01104 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1105 1 2 ‘‘(b) EXPANDED USE AMONG FEDERAL DEPARTMENTS AND 3 ‘‘(1) IN GENERAL.—Not later than 1 year after 4 the establishment of the program described in sub- 5 section (a), the head of each Federal department or 6 agency shall develop and implement standards and 7 procedures to ensure, to the maximum extent pos- 8 sible as permitted by law and consistent with prin- 9 ciples of sound financial management, the use of mi- 10 nority banks and minority credit unions to hold the 11 deposits of each such department or agency. 12 ‘‘(2) REPORT TO CONGRESS.—Not later than 2 13 years after the establishment of the program de- 14 scribed in subsection (a), and annually thereafter, 15 the head of each Federal department or agency shall 16 submit to Congress a report on the actions taken to 17 increase the use of minority banks and minority 18 credit unions hold the deposits of each such depart- 19 ment or agency. 20 ‘‘(c) DEFINITIONS.—For purposes of this section: 21 ‘‘(1) CREDIT UNION.—The term ‘credit union’ 22 has the meaning given the term ‘insured credit 23 union’ in section 101 of the Federal Credit Union 24 Act (12 U.S.C. 1752). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AGENCIES.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01105 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1106 1 ‘‘(2) DEPOSITORY term ‘de- 2 pository institution’ has the meaning given in section 3 3 of the Federal Deposit Insurance Act (12 U.S.C. 4 1813). 5 ‘‘(3) MINORITY.—The term ‘minority’ means 6 any Black American, Native American, Hispanic 7 American, or Asian American. 8 9 10 ‘‘(4) MINORITY BANK.—The term ‘minority bank’ means a minority depository institution as defined in section 308 of this Act. 11 ‘‘(5) MINORITY CREDIT UNION.—The term ‘mi- 12 nority credit union’ means any credit union for 13 which more than 50 percent of the membership (in- 14 cluding board members) of such credit union are mi- 15 nority individuals, as determined by the National 16 Credit Union Administration pursuant to section 17 308 of this Act.’’. 18 (2) CONFORMING AMENDMENTS.—The 19 lowing 20 ‘‘1204(c)(3)’’ and inserting ‘‘1204(c)’’: 21 provisions 22 Reinvestment 23 2907(b)(3)). 12:13 May 12, 2020 are amended by fol- striking (A) Section 808(b)(3) of the Community g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 INSTITUTION.—The Jkt 000000 Act of 1977 (12 U.S.C. (763351 3) PO 00000 Frm 01106 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1107 1 (B) Section 40(g)(1)(B) of the Federal De- 2 posit 3 1831q(g)(1)(B)). Act (12 U.S.C. 4 (C) Section 704B(h)(4) of the Equal Cred- 5 it Opportunity Act (15 U.S.C. 1691c–2(h)(4)). 6 (i) DIVERSITY REPORT AND BEST PRACTICES.— 7 (1) ANNUAL REPORT.—Each covered regulator 8 shall submit to Congress an annual report on diver- 9 sity including the following: 10 (A) Data, based on voluntary self-identi- 11 fication, on the racial, ethnic, and gender com- 12 position of the examiners of each covered regu- 13 lator, disaggregated by length of time served as 14 an examiner. 15 (B) The status of any examiners of cov- 16 ered regulators, based on voluntary self-identi- 17 fication, as a veteran. 18 (C) Whether any covered regulator, as of 19 the date on which the report required under 20 this section is submitted, has adopted a policy, 21 plan, or strategy to promote racial, ethnic, and 22 gender diversity among examiners of the cov- 23 ered regulator. 24 (D) Whether any special training is devel- 25 oped and provided for examiners related specifi- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 Insurance 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01107 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1108 1 cally to working with banks that serve commu- 2 nities that are predominantly minorities, low in- 3 come, or rural, and the key focus of such train- 4 ing. 5 (2) BEST Office of Minority 6 and Women Inclusion of a covered regulator shall 7 develop, provide to the head of the covered regulator, 8 and make publicly available best practices— 9 (A) for increasing the diversity of can- 10 didates applying for examiner positions, includ- 11 ing through outreach efforts to recruit diverse 12 candidate to apply for entry-level examiner posi- 13 tions; and 14 (B) for retaining and providing fair consid- 15 eration for promotions within the examiner 16 staff for purposes of achieving diversity among 17 examiners. 18 (3) COVERED REGULATOR DEFINED.—In this 19 subsection, the term ‘‘covered regulator’’ means the 20 Comptroller of the Currency, the Board of Gov- 21 ernors of the Federal Reserve System, the Federal 22 Deposit Insurance Corporation, and the National 23 Credit Union Administration. 24 (j) INVESTMENTS 25 TUTIONS AND IMPACT g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PRACTICES.—Each 12:13 May 12, 2020 Jkt 000000 IN MINORITY DEPOSITORY INSTI- BANKS.— (763351 3) PO 00000 Frm 01108 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1109 1 (1) CONTROL 2 Section 7(j)(8)(B) of the Federal Deposit Insurance 3 Act (12 U.S.C. 1817(j)(8)(B)) is amended to read 4 as follows: 5 6 ‘‘(B) ‘control’ means the power, directly or indirectly— 7 ‘‘(i) to direct the management or policies 8 of an insured depository institution; or 9 ‘‘(ii)(I) with respect to an insured deposi- 10 tory institution, of a person to vote 25 per cen- 11 tum or more of any class of voting securities of 12 such institution; or 13 ‘‘(II) with respect to an insured depository 14 institution that is an impact bank (as des- 15 ignated pursuant to subsection (e) of the En- 16 suring Diversity in Community Banking Act of 17 2020) or a minority depository institution (as 18 defined in section 308(b) of the Financial Insti- 19 tutions Reform, Recovery, and Enforcement Act 20 of 1989), of an individual to vote 30 percent or 21 more of any class of voting securities of such an 22 impact bank or a minority depository institu- 23 tion.’’. 24 (2) RULEMAKING.—The appropriate Federal 25 banking agency (as defined in section 3 of the Fed- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR CERTAIN INSTITUTIONS.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01109 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1110 1 eral Deposit Insurance Act (12 U.S.C. 1813)) shall 2 jointly issue rules for de novo minority depository in- 3 stitutions and de novo impact banks (as designated 4 pursuant to subsection (e)) to allow 3 years to meet 5 the capital requirements otherwise applicable to mi- 6 nority depository institutions and impact banks. 7 (3) REPORT.—Not later than 1 year after the 8 date of the enactment of this Act, the appropriate 9 Federal banking agencies shall jointly submit to 10 Congress a report on— 11 (A) the principal causes for the low num- 12 ber of de novo minority depository institutions 13 during the 10-year period preceding the date of 14 the report; 15 (B) the main challenges to the creation of 16 de novo minority depository institutions and de 17 novo impact banks; and 18 (C) regulatory and legislative consider- 19 ations to promote the establishment of de novo 20 minority depository institutions and de novo im- 21 pact banks. 22 23 (k) REPORT COVERED MENTOR-PROTEGE PRO- GRAMS.— 24 (1) REPORT.—Not later than 6 months after 25 the date of the enactment of this Act and annually g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ON 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01110 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1111 1 thereafter, the Secretary of the Treasury shall sub- 2 mit to Congress a report on participants in a cov- 3 ered mentor-protege program, including— 4 (A) an analysis of outcomes of such pro- 5 gram; 6 (B) the number of minority depository in- 7 stitutions that are eligible to participate in such 8 program but do not have large financial institu- 9 tion mentors; and 10 (C) recommendations for how to match 11 such minority depository institutions with large 12 financial institution mentors. 13 (2) DEFINITIONS.—In this subsection: 14 (A) 15 GRAM.—The 16 gram’’ means a mentor-protege program estab- 17 lished by the Secretary of the Treasury pursu- 18 ant to section 45 of the Small Business Act (15 19 U.S.C. 657r). 20 MENTOR-PROTEGE PRO- term ‘‘covered mentor-protege pro- (B) LARGE FINANCIAL INSTITUTION.—The 21 term ‘‘large financial institution’’ means any 22 entity— 23 (i) regulated by the Comptroller of the 24 Currency, the Board of Governors of the 25 Federal Reserve System, the Federal De- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 COVERED 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01111 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1112 1 posit Insurance Corporation, or the Na- 2 tional Credit Union Administration; and 3 (ii) that has total consolidated assets 4 greater than or equal to $50,000,000,000. 5 (l) CUSTODIAL DEPOSIT PROGRAM 6 MINORITY DEPOSITORY INSTITUTIONS FOR AND COVERED IMPACT 7 BANKS.— 8 (1) IN later than one year 9 after the date of the enactment of this Act, the Sec- 10 retary of the Treasury shall issue rules establishing 11 a custodial deposit program under which a covered 12 bank may receive deposits from a qualifying account. 13 (2) REQUIREMENTS.—In issuing rules under 14 paragraph (1), the Secretary of the Treasury shall— 15 (A) ensure each covered bank participating 16 in the program established under this sub- 17 section— 18 (i) has appropriate policies relating to 19 management of assets, including measures 20 to ensure the safety and soundness of each 21 such covered bank; and 22 (ii) is compliant with applicable law; 23 and 24 (B) ensure, to the extent practicable that 25 the rules do not conflict with goals described in g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01112 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1113 1 section 308(a) of the Financial Institutions Re- 2 form, Recovery, and Enforcement Act of 1989 3 (12 U.S.C. 1463 note). 4 (3) REPORT.—Each quarter, the Secretary of 5 the Treasury shall submit to Congress a report on 6 the implementation of the program established under 7 this subsection including information identifying 8 participating covered banks and the total amount of 9 deposits received by covered banks under the pro- 10 gram. 11 (4) DEFINITIONS.—In this subsection: 12 (A) COVERED 13 term ‘‘covered bank’’ means— 14 (i) a minority depository institution 15 that is well capitalized, as defined by the 16 Federal Deposit Insurance Corporation or 17 the National Credit Union Administration, 18 as appropriate; or 19 (ii) a depository institution designated 20 pursuant to subsection (e) that is well cap- 21 italized, as defined by the Federal Deposit 22 Insurance Corporation. 23 (B) QUALIFYING 24 12:13 May 12, 2020 ACCOUNT.—The term ‘‘qualifying account’’ means any account estab- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BANK.—The Jkt 000000 (763351 3) PO 00000 Frm 01113 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1114 1 lished in the Department of the Treasury 2 that— 3 (i) is controlled by the Secretary; and 4 (ii) is expected to maintain a balance 5 greater than $200,000,000 for the fol- 6 lowing 24-month period. 7 8 (m) STREAMLINED COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION 9 (1) APPLICATION PROCESSES.—Not later than 10 12 months after the date of the enactment of this 11 Act and with respect to any person having assets 12 under $3,000,000,000 that submits an application 13 for deposit insurance with the Federal Deposit In- 14 surance Corporation that could also become a com- 15 munity development financial institution, the Fed- 16 eral Deposit Insurance Corporation, in consultation 17 with the Administrator of the Community Develop- 18 ment Financial Institutions Fund, shall— 19 (A) develop systems and procedures to 20 record necessary information to allow the Ad- 21 ministrator to conduct preliminary analysis for 22 such person to also become a community devel- 23 opment financial institution; and 24 (B) develop procedures to streamline the 25 application and annual certification processes g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 APPLICATIONS AND REPORTING.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01114 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1115 1 and to reduce costs for such person to become, 2 and maintain certification as, a community de- 3 velopment financial institution. 4 (2) IMPLEMENTATION later than 5 18 months after the date of the enactment of this 6 Act, the Federal Deposit Insurance Corporation 7 shall submit to Congress a report describing the sys- 8 tems and procedures required under paragraph (1). 9 (3) ANNUAL 10 (A) IN REPORT.— GENERAL.—Section 17(a)(1) of the 11 Federal Deposit Insurance Act (12 U.S.C. 12 1827(a)(1)) is amended— 13 (i) in subparagraph (E), by striking 14 ‘‘and’’ at the end; 15 (ii) by redesignating subparagraph 16 (F) as subparagraph (G); 17 (iii) by inserting after subparagraph 18 (E) the following new subparagraph: 19 ‘‘(F) applicants for deposit insurance that 20 could also become a community development fi- 21 nancial institution (as defined in section 103 of 22 the Riegle Community Development and Regu- 23 latory Improvement Act of 1994), a minority 24 depository institution (as defined in section 308 25 of the Financial Institutions Reform, Recovery, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REPORT.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01115 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1116 1 and Enforcement Act of 1989), or an impact 2 bank (as designated pursuant to subsection (e) 3 of the Ensuring Diversity in Community Bank- 4 ing Act of 2020); and’’. 5 (B) APPLICATION.—The amendment made 6 by this paragraph shall apply with respect to 7 the first report to be submitted after the date 8 that is 2 years after the date of the enactment 9 of this Act. 10 (n) TASK FORCE ON LENDING TO SMALL BUSINESS 11 CONCERNS.— 12 (1) IN later than 6 months 13 after the date of the enactment of this Act, the Ad- 14 ministrator of the Small Business Administration 15 shall establish a task force to examine methods for 16 improving relationships between the Small Business 17 Administration and community development finan- 18 cial institutions, minority depository institutions, 19 and Impact Banks to increase the volume of loans 20 provided by such institutions to small business con- 21 cerns (as defined under section 3 of the Small Busi- 22 ness Act (15 U.S.C. 632)). 23 (2) REPORT TO CONGRESS.—Not later than 18 24 months after the establishment of the task force de- 25 scribed in paragraph (1), the Administrator of the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01116 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1117 1 Small Business Administration shall submit to Con- 2 gress a report on the findings of such task force. 3 (o) ASSISTANCE TO MINORITY DEPOSITORY INSTITU- 4 TIONS AND IMPACT BANKS.—The Secretary of the Treas- 5 ury shall establish a program to provide assistance to a 6 minority depository institution or an impact bank (as des7 ignated pursuant to subsection (e)) to support growth and 8 development of such minority depository institutions and 9 impact banks, including by providing assistance with ob10 taining or converting a charter, bylaw amendments, field11 of-membership expansion requests, and online training 12 and resources. 13 TITLE VIII—PROVIDING ASSISTANCE FOR 14 STATE, TERRITORY, TRIBAL, AND LOCAL 15 GOVERNMENTS 16 SEC. 110801. EMERGENCY RELIEF FOR STATE, TERRI- 17 TORIAL, TRIBAL, AND LOCAL GOVERNMENTS. 18 (a) PURCHASE OF COVID–19 RELATED MUNICIPAL 19 ISSUANCES.—Section 14(b) of the Federal Reserve Act 20 (12 U.S.C. 355) is amended by adding at the end the fol21 lowing new paragraph: 22 ‘‘(3) UNUSUAL AND EXIGENT CIRCUMSTANCES.— 23 Under unusual and exigent circumstances, to buy any 24 bills, notes, revenue bonds, and warrants issued by any 25 State, county, district, political subdivision, municipality, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01117 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1118 1 or entity that is a combination of any of the several States, 2 the District of Columbia, or any of the territories and pos3 sessions of the United States. In this paragraph, the term 4 ‘State’ means each of the several States, the District of 5 Columbia, each territory and possession of the United 6 States, and each federally recognized Indian Tribe.’’. 7 8 (b) FEDERAL RESERVE AUTHORIZATION CHASE TO PUR- COVID–19 RELATED MUNICIPAL ISSUANCES.— 9 Within 7 days after the date of the enactment of this sub10 section, the Board of Governors of the Federal Reserve 11 System shall modify the Municipal Liquidity Facility (es12 tablished on April 9, 2020, pursuant to section 13(3) of 13 the Federal Reserve Act (12 U.S.C. 343(3))) to— 14 15 (1) ensure such facility is operational until December 31, 2021; 16 (2) allow for the purchase of bills, notes, bonds, 17 and warrants with maximum maturity of 10 years 18 from the date of such purchase; 19 (3) ensure that any purchases made are at an 20 interest rate equal to the discount window primary 21 credit interest rate most recently published on the 22 Federal Reserve Statistical Release on selected inter- 23 est rates (daily or weekly), commonly referred to as 24 the ‘‘H.15 release’’ or the ‘‘Federal funds rate’’; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01118 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1119 1 (4) ensure that an eligible issuer does not need 2 to attest to an inability to secure credit elsewhere; 3 and 4 (5) include in the list of eligible issuers for such 5 purchases— 6 (A) any of the territories and possessions 7 of the United States; 8 (B) a political subdivision of a State with 9 a population of more than 50,000 residents; 10 and 11 (C) an entity that is a combination of any 12 of the several States, the District of Columbia, 13 or any of the territories and possessions of the 14 United States. 15 SEC. 110802. COMMUNITY DEVELOPMENT BLOCK GRANTS. 16 (a) FUNDING AND ALLOCATIONS.— 17 (1) AUTHORIZATION APPROPRIATIONS.— 18 There 19 $5,000,000,000 for assistance in accordance with 20 this section under the community development block 21 grant program under title I of the Housing and 22 Community Development Act of 1974 (42 U.S.C. 23 5301 et seq.), which shall remain available until 24 September 30, 2023. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 is authorized to be appropriated (763351 3) PO 00000 Frm 01119 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1120 1 (2) ALLOCATION.—Amounts made available 2 pursuant to paragraph (1) shall be distributed pur- 3 suant to section 106 of such Act (42 U.S.C. 5306) 4 to grantees and such allocations shall be made with- 5 in 30 days after the date of the enactment of this 6 Act. 7 (b) TIME LIMITATION 8 MENTS.—Paragraph ON EMERGENCY GRANT PAY- (4) of section 570.207(b) of the Sec- 9 retary’s regulations (24 C.F.R. 570.207(b)(4)) shall be 10 applied with respect to grants with amounts made avail11 able pursuant to subsection (a), by substituting ‘‘121 con12 secutive months’’ for ‘‘3 consecutive months’’. 13 14 (c) MATCHING OF AMOUNTS USED FOR ADMINISTRACOSTS.—Any requirement for a State to match or TIVE 15 supplement amounts expended for program administration 16 of State grants under section 106(d) of the Housing and 17 Community Development Act of 1974 (42 U.S.C. 18 5306(d)) shall not apply with respect to amounts made 19 available pursuant to subsection (a). 20 (d) CAPER INFORMATION.—During the period that 21 begins on the date of enactment of this Act and ends on 22 the date of the termination by the Federal Emergency 23 Management Agency of the emergency declared on March 24 13, 2020, by the President under the Robert T. Stafford 25 Disaster Relief and Emergency Assistance Act (42 U.S.C. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01120 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1121 1 4121 et seq.) relating to the Coronavirus Disease 2019 2 (COVID-19) pandemic, the Secretary shall make all infor3 mation included in Consolidated Annual Performance and 4 Evaluation Reports relating to assistance made available 5 pursuant to this section publicly available on its website 6 on a quarterly basis. 7 (e) AUTHORITY; WAIVERS.—Any provisions of, and 8 waivers and alternative requirements issued by the Sec9 retary pursuant to, the heading ‘‘Department of Housing 10 and Urban Development—Community Planning and De11 velopment —Community Development Fund’’ in title XII 12 of division B of the CARES Act (Public Law 116-136) 13 shall apply with respect to amounts made available pursu14 ant to subsection (a) of this section. 15 TITLE IX—PROVIDING OVERSIGHT AND 16 PROTECTING TAXPAYERS 17 SEC. 110901. MANDATORY REPORTS TO CONGRESS. 18 (a) DISCLOSURE OF TRANSACTION REPORTS.—Sec- 19 tion 4026(b)(1)(A)(iii) of the CARES Act (Public Law 20 116–136) is amended— 21 (1) in subclause (IV)— 22 (A) by inserting ‘‘and the justification for 23 such exercise of authority’’ after ‘‘authority’’; 24 and 25 (B) by striking ‘‘and’’ at the end; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01121 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1122 1 2 (2) in subclause (V), by striking the period at the end and inserting ‘‘; and’’; and 3 (3) by adding at the end the following: 4 ‘‘(VI) the identity of each recipi- 5 ent of a loan or loan guarantee de- 6 scribed in subclause (I); 7 ‘‘(VII) the date and amount of 8 each such loan or loan guarantee and 9 the form in which each such loan or 10 loan guarantee was provided; 11 ‘‘(VIII) the material terms of 12 each such loan or loan guarantee, in- 13 cluding— 14 ‘‘(aa) duration; 15 ‘‘(bb) collateral pledged and 16 the value thereof; 17 ‘‘(cc) all interest, fees, and 18 other revenue or items of value to 19 be received in exchange for such 20 loan or loan guarantee; 21 ‘‘(dd) any requirements im- 22 posed on the recipient with re- 23 spect to employee compensation, 24 distribution of dividends, or any g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01122 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1123 1 other corporate decision in ex- 2 change for the assistance; and 3 ‘‘(ee) the expected costs to 4 the Federal Government with re- 5 spect to such loans or loan guar- 6 antees.’’. 7 8 (b) REPORTS URY.—Section SECRETARY BY THE OF THE TREAS- 4018 of the CARES Act (Public Law 116– 9 136) is amended by adding at the end the following: 10 ‘‘(k) REPORTS BY THE SECRETARY.—Not later than 11 7 days after the last day of each month, the Secretary 12 shall submit to the Special Inspector General, the Com13 mittee on Financial Services of the House of Representa14 tives, and the Committee on Banking, Housing, and 15 Urban Affairs of the Senate a report that includes the in16 formation specified in subparagraphs (A) through (E) of 17 subsection (c)(1) with respect to the making, purchase, 18 management, and sale of loans, loan guarantees, and other 19 investments made by the Secretary under any program es20 tablished by the Secretary under this Act.’’. 21 SEC. 110902. DISCRETIONARY REPORTS TO CONGRESS. 22 Section 4020(b) of the CARES Act (Public Law 116– 23 136) is amended by adding at the end the following: 24 25 ‘‘(3) GRESS.—In g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 DISCRETIONARY Jkt 000000 REPORTS TO CON- addition to the reports required under (763351 3) PO 00000 Frm 01123 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1124 1 paragraph (2), the Oversight Commission may sub- 2 mit other reports to Congress at such time, in such 3 manner, and containing such information as the 4 Oversight Commission determines appropriate.’’. 5 SEC. 110903. DEFINITION OF APPROPRIATE CONGRES- 6 SIONAL COMMITTEES. 7 8 (a) PANDEMIC RESPONSE ACCOUNTABILITY COMMITTEE.—Section 15010(a)(2) of the CARES Act (Public 9 Law 116–136) is amended— 10 (1) by redesignating subparagraphs (B) 11 through (D) as subparagraphs (D) through (F), re- 12 spectively; and 13 14 (2) by inserting after subparagraph (A) the following: 15 ‘‘(B) the Committee on Banking, Housing, 16 and Urban Affairs of the Senate; 17 ‘‘(C) the Committee on Financial Services 18 19 of the House of Representatives;’’. (b) OVERSIGHT AND AUDIT AUTHORITY.—Section 20 19010(a)(1) of the CARES Act (Public Law 116–136) is 21 amended— 22 (1) redesignating subparagraphs (B) 23 through (G) as subparagraphs (D) through (I), re- 24 spectively; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 by 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01124 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1125 1 (2) by inserting after subparagraph (A) the fol- 2 lowing: 3 ‘‘(B) the Committee on Banking, Housing, 4 and Urban Affairs of the Senate; 5 ‘‘(C) the Committee on Financial Services 6 7 of the House of Representatives;’’. SEC. 110904. REPORTING BY INSPECTORS GENERAL. 8 (a) DEFINITION OF COVERED AGENCY.—In this sec- 9 tion, the term ‘‘covered agency’’ means— 10 (1) the Department of the Treasury; 11 (2) the Federal Deposit Insurance Corporation; 12 (3) the Office of the Comptroller of the Cur- 13 rency; 14 15 (4) the Board of Governors of the Federal Reserve System; 16 (5) the National Credit Union Administration; 17 (6) the Bureau of Consumer Financial Protec- 18 tion; 19 20 (7) the Department of Housing and Urban Development; 21 22 (8) the Department of Agriculture, Rural Housing Service; 23 24 (9) the Securities and Exchange Commission; and 25 (10) the Federal Housing Finance Agency. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01125 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1126 1 (b) REPORT.—The Inspector General of each covered 2 agency shall include in each semiannual report submitted 3 by the Inspector General the findings of the Inspector 4 General on the effectiveness of— 5 (1) rulemaking by the covered agency related to 6 COVID–19; and 7 (2) supervision and oversight by the covered 8 agency of institutions and entities that participate in 9 COVID–19-related relief, funding, lending, or other 10 programs of the covered agency. 11 (c) SUBMISSION.—The Inspector General of each cov- 12 ered agency shall submit the information required to be 13 included in each semiannual report under subsection (b) 14 to— 15 (1) the Special Inspector General for Pandemic 16 Recovery appointed under section 4018 of division A 17 of the CARES Act (Public Law 116–136); 18 (2) the Pandemic Response Accountability 19 Committee established under section 15010 of divi- 20 sion B of the CARES Act (Public Law 116–136); 21 and 22 (3) the Congressional Oversight Commission es- 23 tablished under section 4020 of division A of the 24 CARES Act (Public Law 116–136). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01126 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1127 11 DIVISION L—FAMILIES, WORKERS, AND COMMUNITY SUPPORT PROVISIONS TITLE I—AMENDMENTS TO EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT AND EMERGENCY PAID SICK LEAVE ACT Subtitle A—Emergency Family and Medical Leave Expansion Act Amendments 12 SEC. 120101. REFERENCES. 1 2 3 4 5 6 7 8 9 10 13 Except as otherwise expressly provided, whenever in 14 this subtitle an amendment or repeal is expressed in terms 15 of an amendment to, or repeal of, a section or other provi16 sion, the reference shall be considered to be made to a 17 section or other provision of the Family and Medical Leave 18 Act of 1993 (29 U.S.C. 2601 et seq.), as amended by the 19 Emergency Family and Medical Leave Expansion Act 20 (Public Law 116–127). 21 SEC. 120102. 22 23 EMPLOYEE ELIGIBILITY AND EMPLOYER CLARIFICATION. (a) EMPLOYEE ELIGIBILITY.—Section 101(2) is 24 amended by adding at the end the following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01127 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1128 1 ‘‘(F) ALTERNATIVE ELIGIBILITY FOR 2 COVID–19 PUBLIC HEALTH EMERGENCY 3 the period beginning on the date of enactment 4 of the HEROES Act and ending on December 5 31, 2022— .—For 6 ‘‘(i) subparagraph (A)(i) shall be ap- 7 plied by substituting ‘90 days’ for ‘12 8 months’; and 9 ‘‘(ii) subparagraph (A)(ii) shall not 10 apply.’’. 11 (b) EMPLOYER CLARIFICATION.—Section 101(4) is 12 amended by adding at the end the following: 13 ‘‘(C) CLARIFICATION.—Subparagraph 14 (A)(i) shall not apply with respect to a public 15 agency described in subparagraph (A)(iii).’’. 16 SEC. 120103. EMERGENCY LEAVE EXTENSION. 17 Section 102(a)(1)(F) is amended by striking ‘‘De- 18 cember 31, 2020’’ and inserting ‘‘December 31, 2021’’. 19 SEC. 120104. EMERGENCY LEAVE DEFINITIONS. 20 (a) ELIGIBLE EMPLOYEE.—Section 110(a)(1) is 21 amended in subparagraph (A), by striking ‘‘sections 22 101(2)(A) and 101(2)(B)(ii)’’ and inserting ‘‘section 23 101(2)’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01128 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1129 1 (b) EMPLOYER THRESHOLD.—Section 110(a)(1)(B) 2 is amended by striking ‘‘fewer than 500 employees’’ and 3 inserting ‘‘1 or more employees’’. 4 (c) PARENT.—Section 110(a)(1) is amended by add- 5 ing at the end the following: 6 ‘‘(C) PARENT.—In lieu of the definition in 7 section 101(7), the term ‘parent’, with respect 8 to an employee, means any of the following: 9 ‘‘(i) A biological, foster, or adoptive 10 parent of the employee. 11 ‘‘(ii) A stepparent of the employee. 12 ‘‘(iii) A parent-in-law of the employee. 13 ‘‘(iv) A parent of a domestic partner 14 of the employee. 15 ‘‘(v) A legal guardian or other person 16 who stood in loco parentis to an employee 17 when the employee was a child.’’. 18 (d) QUALIFYING NEED RELATED TO A PUBLIC 19 HEALTH EMERGENCY.—Section 110(a)(2)(A) is amended 20 to read as follows: 21 ‘‘(A) QUALIFYING 22 PUBLIC 23 ‘qualifying need related to a public health emer- 24 gency’, with respect to leave, means that the 25 employee is unable to perform the functions of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 NEED RELATED TO A 12:13 May 12, 2020 Jkt 000000 HEALTH EMERGENCY.—The term (763351 3) PO 00000 Frm 01129 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1130 1 the position of such employee due to a need for 2 leave for any of the following: 3 ‘‘(i) To self-isolate because the em- 4 ployee is diagnosed with COVID–19. 5 ‘‘(ii) To obtain a medical diagnosis or 6 care if such employee is experiencing the 7 symptoms of COVID–19. 8 ‘‘(iii) To comply with a recommenda- 9 tion or order by a public official with juris- 10 diction or a health care provider to self iso- 11 late, without regard to whether such rec- 12 ommendation or order is specific to the 13 employee, on the basis that the physical 14 presence of the employee on the job would 15 jeopardize 16 health of other employees, or the health of 17 an individual in the household of the em- 18 ployee because of— 19 employee’s health, the ‘‘(I) the possible exposure of the 20 employee to COVID–19; or 21 ‘‘(II) exhibition of symptoms of 22 COVID–19 by the employee. 23 ‘‘(iv) To care for or assist a family 24 member of the employee, without regard to 25 whether another individual other than the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 the 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01130 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1131 1 employee is available to care for or assist 2 such family member, because— 3 ‘‘(I) such family member— 4 ‘‘(aa) is self-isolating be- 5 cause such family member has 6 been diagnosed with COVID–19; 7 or 8 ‘‘(bb) is experiencing symp- 9 toms of COVID–19 and needs to 10 obtain medical diagnosis or care; 11 or 12 ‘‘(II) a public official with juris- 13 diction or a health care provider 14 makes a recommendation or order 15 with respect to such family member, 16 without regard to whether such deter- 17 mination is specific to such family 18 member, that the presence of the fam- 19 ily member in the community would 20 jeopardize the health of other individ- 21 uals in the community because of— 22 ‘‘(aa) the possible exposure 23 of 24 COVID–19; or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 such family member to (763351 3) PO 00000 Frm 01131 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1132 1 ‘‘(bb) exhibition of symp- 2 toms of COVID–19 by such fam- 3 ily member. 4 ‘‘(v) To care for the son or daughter 5 of such employee if the school or place of 6 care has been closed, or the child care pro- 7 vider of such son or daughter is unavail- 8 able, due to COVID–19. 9 ‘‘(vi) To care for a family member 10 who is incapable of self-care because of a 11 mental or physical disability or is a senior 12 citizen, without regard to whether another 13 individual other than the employee is avail- 14 able to care for such family member, if the 15 place of care for such family member is 16 closed or the direct care provider is un- 17 available due to COVID–19.’’. 18 (e) FAMILY MEMBER.—Section 110(a)(2) is amended 19 by adding at the end the following: 20 ‘‘(E) FAMILY term ‘family 21 member’, with respect to an employee, means 22 any of the following: 23 ‘‘(i) A parent of the employee. 24 ‘‘(ii) A spouse of the employee. 25 ‘‘(iii) A sibling of the employee. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MEMBER.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01132 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1133 1 ‘‘(iv) Next of kin of the employee or 2 a person for whom the employee is next of 3 kin. 4 ‘‘(v) A son or daughter of the em- 5 ployee. 6 ‘‘(vi) A grandparent or grandchild of 7 the employee. 8 ‘‘(vii) A domestic partner of the em- 9 ployee. 10 ‘‘(viii) Any other individual related by 11 blood or affinity whose close association 12 with the employee is the equivalent of a 13 family relationship. 14 ‘‘(F) DOMESTIC 15 ‘‘(i) IN GENERAL.—The term ‘domes- 16 tic partner’, with respect to an individual, 17 means another individual with whom the 18 individual is in a committed relationship. 19 ‘‘(ii) COMMITTED RELATIONSHIP DE- 20 FINED.—The 21 means a relationship between 2 individuals, 22 each at least 18 years of age, in which 23 each individual is the other individual’s 24 sole domestic partner and both individuals 25 share responsibility for a significant meas- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PARTNER.— 12:13 May 12, 2020 Jkt 000000 term ‘committed relationship’ (763351 3) PO 00000 Frm 01133 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1134 1 ure of each other’s common welfare. The 2 term includes any such relationship be- 3 tween 2 individuals that is granted legal 4 recognition by a State or political subdivi- 5 sion of a State as a marriage or analogous 6 relationship, including a civil union or do- 7 mestic partnership.’’. 8 SEC. 120105. REGULATORY AUTHORITIES. 9 (a) IN GENERAL.—Section 110(a) is amended by 10 striking paragraph (3). 11 (b) FORCE OR EFFECT OF REGULATIONS.—Any reg- 12 ulation issued under section 110(a)(3), as in effect on the 13 day before the date of the enactment of this Act, shall 14 have no force or effect. 15 SEC. 120106. PAID LEAVE. 16 Section 110(b) of the Family and Medical Leave Act 17 of 1993 is amended— 18 19 (1) in the heading, by striking ‘‘Relationship to’’; 20 21 (2) by amending paragraph (1) to read as follows: 22 ‘‘(1) EMPLOYEE 23 ‘‘(A) IN GENERAL.—An employee may 24 elect to substitute any vacation leave, personal 25 leave, or medical or sick leave for paid leave g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ELECTION.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01134 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1135 1 under section 102(a)(1)(F) in accordance with 2 section 102(d)(2)(B). 3 ‘‘(B) EMPLOYER em- 4 ployer may not require an employee to sub- 5 stitute any leave described in subparagraph (A) 6 for leave under section 102(a)(1)(F). 7 ‘‘(C) RELATIONSHIP 8 AND MEDICAL LEAVE.—Leave 9 paragraph (F) of section 102(a)(1) shall not 10 count towards the 12 weeks of leave to which 11 an employee is entitled under subparagraphs 12 (A) through (E) of such section. 13 ‘‘(D) RELATIONSHIP TO OTHER FAMILY taken under sub- TO LIMITATION.— 14 Compensation for any vacation leave, personal 15 leave, or medical or sick leave that is sub- 16 stituted for leave under section 102(a)(1)(F) 17 shall not count toward the limitation under 18 paragraph (2)(B)(ii).’’; and 19 (3) in paragraph (2)(A), by striking ‘‘that an 20 employee takes’’ and all that follows through ‘‘10 21 days’’. 22 SEC. 120107. WAGE RATE. 23 Section 110(b)(2)(B) is amended— 24 (1) by amending clause (i)(I) to read as follows: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REQUIREMENT.—An 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01135 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1136 1 ‘‘(I) an amount that is not less 2 than the greater of— 3 ‘‘(aa) the minimum wage 4 rate 5 6(a)(1) of the Fair Labor Stand- 6 ards Act of 1938 (29 U.S.C. 7 206(a)(1)); in effect under section 8 ‘‘(bb) the minimum wage 9 rate in effect for such employee 10 in the applicable State or locality, 11 whichever is greater, in which the 12 employee is employed; or 13 ‘‘(cc) two thirds of an em- 14 ployee’s regular rate of pay (as 15 determined under section 7(e) of 16 the Fair Labor Standards Act of 17 1938 (29 U.S.C. 207(e)); and’’; 18 and 19 (2) in clause (ii), by striking ‘‘$10,000’’ and in- 20 21 serting ‘‘$12,000’’. SEC. 120108. NOTICE. 22 Section 110(c) is amended by striking ‘‘for the pur- 23 pose described in subsection (a)(2)(A)’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01136 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1137 1 SEC. 120109. INTERMITTENT LEAVE. 2 Section 110 is amended by adding at the end the fol- 3 lowing: 4 5 ‘‘(e) LEAVE TAKEN INTERMITTENTLY DUCED WORK SCHEDULE.—Leave OR ON A under RE- section 6 102(a)(1)(F) may be taken by an employee intermittently 7 or on a reduced work schedule, without regard to whether 8 the employee and the employer of the employee have an 9 agreement with respect to whether such leave may be 10 taken intermittently or on a reduced work schedule.’’. 11 SEC. 120110. CERTIFICATION. 12 Section 110 is further amended by adding at the end 13 the following: 14 ‘‘(f) CERTIFICATION.— 15 ‘‘(1) IN an employer requires 16 that a request for leave under section 102(a)(1)(F) 17 be certified, the employer may require documenta- 18 tion for certification not earlier than 5 weeks after 19 the date on which the employee takes such leave. 20 ‘‘(2) SUFFICIENT CERTIFICATION.—The fol- 21 lowing documentation shall be sufficient for certifi- 22 cation: 23 ‘‘(A) With respect to leave taken for the 24 purposes described in clauses (i) through (iv) of 25 subsection (a)(2)(A)— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—If 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01137 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1138 1 ‘‘(i) a recommendation or order from 2 a public official having jurisdiction or a 3 health care provider that the employee or 4 relevant family member has symptoms of 5 COVID–19 or should self-isolate; or 6 ‘‘(ii) documentation or evidence, in- 7 cluding an oral or written statement from 8 an employee, that the employee or relevant 9 family member has been exposed to 10 COVID–19. 11 ‘‘(B) With respect to leave taken for the 12 purposes described in clause (v) or (vi) of sub- 13 section (a)(2)(A), notice from the school, place 14 of care, or child care or direct care provider of 15 the son or daughter or other family member of 16 the employee of closure or unavailability.’’. 17 SEC. 120111. AUTHORITY OF THE DIRECTOR OF THE OF- 18 FICE OF MANAGEMENT AND BUDGET TO EX- 19 CLUDE CERTAIN EMPLOYEES. 20 21 Section 110(a) is amended by striking paragraph (4). SEC. 120112. TECHNICAL AMENDMENTS. 22 (a) Section 110(a)(1)(A) is amended by striking 23 ‘‘(ii)’’ before ‘‘SPECIAL RULE’’ and inserting ‘‘(iii)’’. 24 (b) Section 19008 of the CARES Act is amended— 25 (1) by striking ‘‘—’’ after ‘‘amended’’; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01138 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1139 1 (2) by striking paragraph (1); and 2 (3) by striking ‘‘(2)’’ before ‘‘by adding at the 3 4 end’’. SEC. 120113. AMENDMENTS TO THE EMERGENCY FAMILY 5 AND MEDICAL LEAVE EXPANSION ACT. 6 The Emergency Family and Medical Leave Expan- 7 sion Act (Public Law 116–127) is amended— 8 (1) in section 3103(b), by striking ‘‘Employees’’ 9 and inserting, ‘‘Notwithstanding section 10 102(a)(1)(A) of the Family and Medical Leave Act 11 of 1993 (29 U.S.C. 2612(a)(1)(A)), employees’’; and 12 (2) by striking sections 3104 and 3105. 13 Subtitle B—Emergency Paid Sick Leave Act Amendments 14 15 SEC. 120114. REFERENCES. 16 Except as otherwise expressly provided, whenever in 17 this subtitle an amendment or repeal is expressed in terms 18 of an amendment to, or repeal of, a section or other provi19 sion, the reference shall be considered to be made to a 20 section or other provision of division E of the Families 21 First Coronavirus Response Act (Public Law 116–127). 22 SEC. 120115. PAID SICK TIME REQUIREMENT. 23 (a) USES.—Section 5102(a) is amended to read as 24 follows: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01139 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1140 1 ‘‘(a) IN GENERAL.—An employer shall provide to 2 each employee employed by the employer paid sick time 3 for any qualifying need related to a public health emer4 gency (as defined in section 110(a)(2)(A) of the Family 5 and Medical Leave Act of 1993 (29 U.S.C. 6 2620(a)(2)(A)).’’. 7 (b) RECURRENCE.—Section 5102(b) is amended by 8 striking ‘‘An’’ and inserting ‘‘During any 12-month pe9 riod, an’’. 10 (c) EMPLOYERS WITH EXISTING POLICIES.—Section 11 5102 is amended by striking subsection (f) and inserting 12 the following: 13 ‘‘(f) EMPLOYERS WITH EXISTING POLICIES.—With 14 respect to an employer that provides paid leave on the day 15 before the date of enactment of this Act— 16 ‘‘(1) the paid sick time under this Act shall be 17 made available to employees of the employer in addi- 18 tion to such paid leave; and 19 ‘‘(2) the employer may not change such paid 20 leave on or after such date of enactment to avoid 21 being subject to paragraph (1).’’. 22 (d) INTERMITTENT LEAVE.—Section 5102 is further 23 amended by adding at the end the following: 24 25 ‘‘(g) LEAVE TAKEN INTERMITTENTLY DUCED g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 OR ON A RE- WORK SCHEDULE.—Leave under section 5102 (763351 3) PO 00000 Frm 01140 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1141 1 may be taken by an employee intermittently or on a re2 duced work schedule, without regard to whether the em3 ployee and the employer of the employee have an agree4 ment with respect to whether such leave may be taken 5 intermittently or on a reduced work schedule.’’. 6 (e) CERTIFICATION.—Section 5102 is further amend- 7 ed by adding at the end the following: 8 ‘‘(h) CERTIFICATION.—If an employer requires that 9 a request for paid sick time under this section be cer10 tified— 11 ‘‘(1) the documentation described in paragraph 12 (2) of section 110(f) of the Family and Medical 13 Leave Act of 1993 (29 U.S.C. 2620(f)) shall be suf- 14 ficient for certification; and 15 16 ‘‘(2) an employer may not require such certification unless— 17 ‘‘(A) the employee takes not less than 3 18 consecutive days of paid sick time; and 19 ‘‘(B) the employer requires documents for 20 such certification not earlier than 7 workdays 21 after the employee returns to work after such 22 paid sick time.’’. 23 (f) NOTICE.—Section 5102 is further amended by 24 adding at the end the following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01141 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1142 1 ‘‘(i) NOTICE.—In any case where the necessity for 2 leave under this section is foreseeable, an employee shall 3 provide the employer with such notice of leave as is prac4 ticable.’’. 5 (g) LEAVE TRANSFER TO NEW EMPLOYER.—Section 6 5102 is further amended by adding at the end the fol7 lowing: 8 ‘‘(j) LEAVE TRANSFER TO NEW EMPLOYER.—A cov- 9 ered employee who begins employment with a new covered 10 employer shall be entitled to the full amount of leave under 11 section 5102 with respect to such employer.’’. 12 (h) RESTORATION TO POSITION.— 13 (1) IN GENERAL.—Section 5102 is further 14 amended by adding at the end the following: 15 ‘‘(k) RESTORATION TO POSITION.—Any covered em- 16 ployee who takes paid sick time under this section, on re17 turn from such paid sick time, shall be entitled— 18 ‘‘(1) to be restored by the employer to the posi- 19 tion of employment held by the employee when the 20 leave commenced; or 21 ‘‘(2) if such position is not available, to be re- 22 stored to an equivalent position with equivalent em- 23 ployment benefits, pay, and other terms and condi- 24 tions of employment.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01142 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1143 1 (2) ENFORCEMENT.—Section 5105 is amend- 2 ed— 3 (A) by amending subsection (a) to read as 4 follows: 5 ‘‘(a) UNPAID SICK LEAVE.—Subject to subsection 6 (b), a violation of section 5102 shall be deemed a violation 7 of section 7 of the Fair Labor Standards Act of 1938 (29 8 U.S.C. 207) and unpaid amounts shall be treated as un9 paid overtime compensation under such section for the 10 purposes of sections 15 and 16 of such Act (29 U.S.C. 11 215 and 216).’’; and 12 (B) in subsection (b), by inserting ‘‘section 13 14 5102(k) or’’ before ‘‘section 5104’’. SEC. 120116. SUNSET. 15 Section 5109 is amended by striking ‘‘December 31, 16 2020’’ and inserting ‘‘December 31, 2021’’. 17 SEC. 120117. DEFINITIONS. 18 (a) EMPLOYER.—Section 5110(2)(B) is amended— 19 (1) by striking ‘‘terms’’ and inserting ‘‘term’’; 20 (2) by amending subclause (I) of clause (i) to 21 read as follows: 22 ‘‘(I) means any person engaged 23 in commerce or in any industry or ac- 24 tivity affecting commerce that employs 25 1 or more employees;’’; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01143 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1144 1 (3) by amending clause (ii) to read as follows: 2 ‘‘(ii) PUBLIC AGENCY AND NON-PROF- 3 IT 4 clause (i)(III) and (i)(I), a public agency 5 and a nonprofit organization shall be con- 6 sidered to be a person engaged in com- 7 merce or in an industry or activity affect- 8 ing commerce.’’. 9 ORGANIZATIONS.—For purposes of (b) FMLA TERMS.—Section 5110(4) is amended to 10 read as follows: 11 ‘‘(4) FMLA 12 ‘‘(A) SECTION 101.—The terms ‘health 13 care provider’, ‘next of kin’, ‘son or daughter’, 14 and ‘spouse’ have the meanings given such 15 terms in section 101 of the Family and Medical 16 Leave Act of 1993 (29 U.S.C. 2611). 17 ‘‘(B) SECTION 110.—The terms ‘child care 18 provider’, ‘domestic partner’, ‘family member’, 19 ‘parent’, and ‘school’ have the meanings given 20 such terms in section 110(a)(2) of the Family 21 and Medical and Leave Act of 1993.’’. 22 (c) PAID SICK TIME.—Section 5110(5) is amended— 23 (1) in subparagraph (A)— 24 (A) in clause (i), by striking ‘‘reason de- 25 scribed in any paragraph of section 2(a)’’ and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TERMS.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01144 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1145 1 inserting ‘‘qualifying need related to a public 2 health emergency’’; and 3 (B) in clause (ii), by striking ‘‘exceed’’ and 4 all that follows and inserting ‘‘exceed $511 per 5 day and $5,110 in the aggregate.’’; 6 (2) in subparagraph (B)— 7 (A) by striking the following: 8 ‘‘(B) REQUIRED 9 ‘‘(i) IN COMPENSATION.— GENERAL.—Subject to sub- 10 paragraph (A)(ii),’’; and inserting the fol- 11 lowing: 12 ‘‘(B) REQUIRED 13 COMPENSATION.—Subject to subparagraph (A)(ii),’’; and 14 (B) by striking clause (ii); and 15 (3) in subparagraph (C), by striking ‘‘ section 16 2(a)’’ and inserting ‘‘section 5102(a)’’. 17 (d) QUALIFYING NEED RELATED TO A PUBLIC 18 HEALTH EMERGENCY.—Section 5110 is amended by add19 ing at the end the following: 20 ‘‘(1) QUALIFYING 21 HEALTH EMERGENCY.—The 22 related to a public health emergency’ has the mean- 23 ing given such term in section 110(a)(2)(A) of the 24 Family and Medical Leave Act of 1993 (29 U.S.C. 25 2620(a)(2)(A)).’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 NEED RELATED TO A PUBLIC 12:13 May 12, 2020 Jkt 000000 term ‘qualifying need (763351 3) PO 00000 Frm 01145 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1146 1 SEC. 120118. EMERGENCY PAID SICK LEAVE FOR EMPLOY- 2 EES OF THE DEPARTMENT OF VETERANS AF- 3 FAIRS AND THE TRANSPORTATION SECURITY 4 ADMINISTRATION FOR PURPOSES RELATING 5 TO COVID–19. 6 Section 5110(1) is further amended— 7 (1) in subparagraph (E) by striking ‘‘or’’ after 8 ‘‘Code;’’; 9 (2) by redesignating subparagraph (F) as sub- 10 paragraph (H); and 11 (3) by inserting after subparagraph (E) the fol- 12 lowing: 13 ‘‘(F) notwithstanding sections 7421(a) or 14 7425(b) of title 38, United States Code, or any 15 other provision of law, an employee of the De- 16 partment of Veterans Affairs (including employ- 17 ees under chapter 74 of such title); 18 ‘‘(G) any employee of the Transportation 19 Security Administration, including an employee 20 under 111(d) of the Aviation and Transpor- 21 tation Security Act (49 U.S.C. 44935 note); 22 or’’. 23 SEC. 120119. AUTHORITY OF THE DIRECTOR OF THE OF- 24 FICE OF MANAGEMENT AND BUDGET TO EX- 25 CLUDE CERTAIN EMPLOYEES. 26 Division E is amended by striking section 5112. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01146 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1147 1 SEC. 120120. REGULATORY AUTHORITIES. 2 (a) IN GENERAL.—Division E is amended by striking 3 section 5111. 4 (b) FORCE OR EFFECT OF REGULATIONS.—Any reg- 5 ulation issued under section 5111 of division E of the 6 Families First Coronavirus Response Act (Public Law 7 116–127), as in effect on the day before the date of the 8 enactment of this Act, shall have no force or effect. 11 TITLE II—COVID–19 WORKFORCE DEVELOPMENT RESPONSE ACTIVITIES 12 SEC. 120201. DEFINITIONS AND SPECIAL RULE. 9 10 13 (a) DEFINITIONS.— 14 (1) IN as otherwise pro- 15 vided, the terms in this title have the meanings 16 given the terms in section 3 of the Workforce Inno- 17 vation and Opportunity Act (29 U.S.C. 3102). 18 (2) APPRENTICESHIP; APPRENTICESHIP PRO- 19 GRAM.—The 20 ship program’’ mean an apprenticeship program reg- 21 istered under the Act of August 16, 1937 (commonly 22 known as the ‘‘National Apprenticeship Act’’) (50 23 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), in- 24 cluding any requirement, standard, or rule promul- 25 gated under such Act, as such requirement, stand- 26 ard, or rule was in effect on December 30, 2019. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Except 12:13 May 12, 2020 Jkt 000000 terms ‘‘apprenticeship’’ or ‘‘apprentice- (763351 3) PO 00000 Frm 01147 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1148 1 (3) CORONAVIRUS.—The term ‘‘coronavirus’’ 2 means coronavirus as defined in section 506 of the 3 Coronavirus Preparedness and Response Supple- 4 mental Appropriations Act, 2020 (Public Law 116– 5 123). 6 (4) COVID–19 NATIONAL EMERGENCY.—The 7 term ‘‘COVID–19 national emergency’’ means the 8 national emergency declared by the President under 9 the National Emergencies Act (50 U.S.C. 1601 et 10 seq.) on March 13, 2020, with respect to the 11 coronavirus. 12 (5) SECRETARY.—The term ‘‘Secretary’’ means 13 the Secretary of Labor. 14 (b) SPECIAL RULE.—For purposes of this Act, in fis- 15 cal years 2020 and 2021, funds are authorized to be ap16 propriated for activities under the Workforce Innovation 17 and Opportunity Act, except that funds are only author18 ized to support apprenticeship programs as defined under 19 subsection (a)(2) of this section, including any funds 20 awarded for the purposes of grants, contracts, or coopera21 tive agreements, or the development, implementation, or 22 administration, of an apprenticeship or an apprenticeship 23 program. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01148 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1149 1 SEC. 120202. JOB CORPS RESPONSE TO THE COVID–19 NA- 2 3 TIONAL EMERGENCY. In order to provide for the successful continuity of 4 services and enrollment periods during the COVID–19 na5 tional emergency, additional flexibility shall be provided 6 for Job Corps operators, providers of eligible activities, 7 and practitioners, including the following: 8 (1) ELIGIBILITY.—Notwithstanding the age re- 9 quirements for enrollment under section 144(a)(1) 10 of the Workforce Innovation and Opportunity Act 11 (29 U.S.C. 3194(a)(1)), an individual seeking to en- 12 roll in Job Corps and who turns 25 during the 13 COVID–19 national emergency is eligible for such 14 enrollment. 15 (2) ENROLLMENT 16 section 146(b) of the Workforce Innovation and Op- 17 portunity Act (29 U.S.C. 3196(b)), an individual en- 18 rolled in Job Corps during the COVID–19 national 19 emergency may extend their period of enrollment for 20 more than 2 years as long as such extension does 21 not exceed a 2-year, continuous period of enrollment 22 after the COVID–19 national emergency. 23 (3) ADVANCED CAREER TRAINING PROGRAMS.— 24 Notwithstanding paragraph (2), with respect to ad- 25 vanced career training programs under section 26 148(c) of the Workforce Innovation and Opportunity g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 LENGTH.—Notwithstanding 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01149 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1150 1 Act (29 U.S.C. 3198(c)) in which the enrollees may 2 continue to participate for a period not to exceed 1 3 year in addition to the period of participation to 4 which the enrollees would otherwise be limited, the 5 COVID–19 national emergency shall not be consid- 6 ered as any portion of such additional 1-year partici- 7 pation period. 8 9 (4) COUNSELING, SESSMENT.—The counseling, job placement, and as- 10 sessment services described in section 149 of the 11 Workforce Innovation and Opportunity Act (29 12 U.S.C. 3199) shall be available to former enrollees— 13 (A) whose enrollment was interrupted due 14 to the COVID–19 national emergency; 15 (B) who graduated from Job Corps on or 16 after January 1, 2020; or 17 (C) who graduated from Job Corps not 18 later than 3 months after the COVID–19 na- 19 tional emergency. 20 (5) SUPPORT.—The Secretary shall provide ad- 21 ditional support for the transition periods described 22 in section 150 of the Workforce Innovation and Op- 23 portunity Act (29 U.S.C. 3200), including the fol- 24 lowing: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 JOB PLACEMENT, AND AS- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01150 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1151 1 ALLOWANCES.—The (A) TRANSITION Sec- 2 retary shall provide, subject to the availability 3 of appropriations, for the provision of additional 4 transition allowances as described in subsection 5 (b) of such section 150 (29 U.S.C. 3200) for 6 Job Corps students who graduate during the 7 periods described in subparagraph (B) or (C) of 8 paragraph (4) of this paragraph. 9 (B) TRANSITION SUPPORT.—The Secretary 10 shall consider the period during the COVID–19 11 national emergency and the three month period 12 following the conclusion of the COVID–19 na- 13 tional emergency as the period in which the 14 provision of employment services as described in 15 subsection (c) of such section 150 (29 U.S.C. 16 3200) shall be provided to graduates who have 17 graduated in 2020. 18 SEC. 120203. NATIVE AMERICAN PROGRAMS RESPONDING 19 20 TO THE COVID–19 NATIONAL EMERGENCY. As a result of challenges faced by the COVID–19 na- 21 tional emergency, the Secretary may extend, by 1 fiscal 22 year, the 4-year period for grants, contracts, and coopera23 tive agreements that will be awarded in fiscal year 2021 24 under subsection (c) of section 166 of the Workforce Inno25 vation and Opportunity Act (29 U.S.C. 3221) for funds g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01151 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1152 1 under such grants, contracts, and cooperative agreements 2 to be used to carry out the activities described in sub3 section (d) of such section through fiscal year 2025. 4 SEC. 120204. MIGRANT AND SEASONAL FARMWORKER PRO- 5 GRAM RESPONSE. 6 (a) COMPETITIVE GRANT AWARDS.—As a result of 7 challenges faced by the COVID–19 national emergency, 8 the Secretary may extend, by 1 fiscal year, the 4-year pe9 riod for grants and contracts that will be awarded in fiscal 10 year 2021 under subsection (a) of section 167 of the 11 Workforce Innovation and Opportunity Act (29 U.S.C. 12 3222) for funds under such grants and contracts to be 13 used to carry out the activities described in subsection (d) 14 of such section through fiscal year 2025. 15 16 (b) ELIGIBLE MIGRANT WORKER.—Notwithstanding AND SEASONAL FARM- the definition of ‘‘eligible sea- 17 sonal farmworker’’ in section 167(i)(3) of the Workforce 18 Innovation and Opportunity Act (29 U.S.C. 3222(i)(3)), 19 an individual seeking to enroll in a program funded under 20 section 167 of the Workforce Innovation and Opportunity 21 Act (29 U.S.C. 3222) during the COVID–19 national 22 emergency is eligible for such enrollment if such individual 23 is a member of a family with a total family income equal 24 to or less than 150 percent of the poverty line. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01152 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1153 1 SEC. 120205. YOUTHBUILD ACTIVITIES RESPONDING TO 2 THE COVID–19 NATIONAL EMERGENCY. 3 During the COVID–19 national emergency, the Sec- 4 retary shall provide for flexibility for YouthBuild partici5 pants and entities carrying out YouthBuild programs, in6 cluding the following: 7 (1) ELIGIBILITY.— Notwithstanding the age re- 8 quirements 9 171(e)(1)(A)(i) of the Workforce Innovation and Op- 10 portunity Act (29 U.S.C. 3226(e)(1)(A)(i)), an indi- 11 vidual seeking to participate in a YouthBuild pro- 12 gram and who turns 25 during the COVID–19 na- 13 tional emergency is eligible for such participation. 14 for enrollment (2) PARTICIPATION under section LENGTH.—Notwithstanding 15 section 171(e)(2) of the Workforce Innovation and 16 Opportunity Act (29 U.S.C. 3226(e)(2)), the period 17 of participation in a YouthBuild program may ex- 18 tend beyond 24 months for an individual partici- 19 pating in such program during the COVID–19 na- 20 tional emergency, as long as such extension does not 21 exceed a 24 month, continuous period of enrollment 22 after the COVID–19 national emergency. 23 SEC. 120206. APPRENTICESHIP SUPPORT DURING THE 24 25 COVID–19 NATIONAL EMERGENCY. Not later than 30 days after the date of enactment 26 of this Act, the Secretary shall identify and disseminate g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01153 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1154 1 strategies and tools to support virtual and online learning 2 and training in apprenticeship programs. 5 TITLE III—COVID–19 EVERY WORKER PROTECTION ACT OF 2020 6 SEC. 120301. SHORT TITLE. 3 4 7 This title may be cited as the ‘‘COVID–19 Every 8 Worker Protection Act of 2020’’. 9 SEC. 120302. EMERGENCY TEMPORARY AND PERMANENT 10 11 STANDARDS. (a) EMERGENCY TEMPORARY STANDARD.— 12 (1) IN consideration of the grave 13 danger presented by COVID–19 and the need to 14 strengthen 15 standing the provisions of law and the Executive or- 16 ders listed in paragraph (7), not later than 7 days 17 after the date of enactment of this Act, the Sec- 18 retary of Labor shall promulgate an emergency tem- 19 porary standard to protect from occupational expo- 20 sure to SARS–CoV–2— 21 protections for employees, notwith- (A) employees of health care sector em- 22 ployers; 23 (B) employees of employers in the para- 24 medic and emergency medical services, includ- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01154 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1155 1 ing such services provided by firefighters and 2 other emergency responders; and 3 (C) other employees at occupational risk of 4 such exposure. 5 (2) CONSULTATION.—In developing the stand- 6 ard under this subsection, the Secretary of Labor— 7 (A) shall consult with— 8 (i) the Director of the Centers for 9 Disease Control and Prevention; 10 (ii) the Director of the National Insti- 11 tute for Occupational Safety and Health; 12 and 13 (B) may consult with the professional asso- 14 ciations and representatives of the employees in 15 the occupations and sectors described in sub- 16 paragraphs (A) through (C) of paragraph (1). 17 (3) ENFORCEMENT the Sec- 18 retary of Labor determines it is not feasible for an 19 employer to comply with a requirement of the stand- 20 ard promulgated under this subsection (such as a 21 shortage of the necessary personal protective equip- 22 ment), the Secretary may exercise discretion in the 23 enforcement of such requirement if the employer 24 demonstrates that the employer— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DISCRETION.—If 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01155 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1156 1 (A) is exercising due diligence to come into 2 compliance with such requirement; and 3 (B) is implementing alternative methods 4 and measures to protect employees. 5 (4) OF STANDARD.—Notwith- 6 standing paragraphs (2) and (3) of section 6(c) of 7 the Occupational Safety and Health Act of 1970 (29 8 U.S.C. 655(c)), the emergency temporary standard 9 promulgated under this subsection shall be in effect 10 until the date on which the final standard promul- 11 gated under subsection (b) is in effect. 12 (5) STATE PLAN ADOPTION.—With respect to a 13 State with a State plan that has been approved by 14 the Secretary of Labor under section 18 of the Oc- 15 cupational Safety and Health Act of 1970 (29 16 U.S.C. 667), not later than 14 days after the date 17 of enactment of this Act, such State shall promul- 18 gate an emergency temporary standard that is at 19 least as effective in protecting from occupational ex- 20 posure to SARS–CoV–2 the employees in the occu- 21 pations and sectors described in subparagraphs (A) 22 through (C) of paragraph (1) as the emergency tem- 23 porary standard promulgated under this subsection. 24 25 (6) EMPLOYER 12:13 May 12, 2020 DEFINED.—For purposes of the standard promulgated under this subsection, the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 EXTENSION Jkt 000000 (763351 3) PO 00000 Frm 01156 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1157 1 term ‘‘employer’’ (as defined in section 3 of the Oc- 2 cupational Safety and Health Act of 1970 (29 3 U.S.C. 652)) includes any State or political subdivi- 4 sion of a State, except for a State or political sub- 5 division of a State already subject to the jurisdiction 6 of a State plan approved under section 18(b) of the 7 Occupational Safety and Health Act of 1970 (29 8 U.S.C. 667(b)). 9 (7) INAPPLICABLE 10 EXECUTIVE ORDER.—The 11 Executive orders list in this paragraph are as fol- 12 lows: provisions of law and the 13 (A) The requirements of chapter 6 of title 14 5, United States Code (commonly referred to as 15 the ‘‘Regulatory Flexibility Act’’). 16 (B) Subchapter I of chapter 35 of title 44, 17 United States Code (commonly referred to as 18 the ‘‘Paperwork Reduction Act’’). 19 (C) The Unfunded Mandates Reform Act 20 of 1995 (2 U.S.C. 1501 et seq.). 21 (D) Executive Order 12866 (58 Fed. Reg. 22 190; relating to regulatory planning and re- 23 view), as amended. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PROVISIONS OF LAW AND 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01157 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1158 1 (E) Executive Order 13771 (82 Fed. Reg. 2 9339, relating to reducing regulation and con- 3 trolling regulatory costs). 4 (b) PERMANENT STANDARD.—Not later than 24 5 months after the date of enactment of this Act, the Sec6 retary of Labor shall, pursuant to section 6 of the Occupa7 tional Safety and Health Act (29 U.S.C. 655), promulgate 8 a final standard— 9 (1) to protect employees in the occupations and 10 sectors described in subparagraphs (A) through (C) 11 of subsection (a)(1) from occupational exposure to 12 infectious pathogens, including novel pathogens; and 13 (2) that shall be effective and enforceable in the 14 same manner and to the same extent as a standard 15 promulgated under section 6(b) of the Occupational 16 Safety and Health Act of 1970 (29 U.S.C. 655(b)). 17 (c) REQUIREMENTS.—Each standard promulgated 18 under this section shall include— 19 (1) a requirement that the employers of the em- 20 ployees in the occupations and sectors described in 21 subparagraphs (A) through (C) of subsection 22 (a)(1)— 23 (A) develop and implement a comprehen- 24 sive infectious disease exposure control plan, 25 with the input and involvement of employees or, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01158 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1159 1 where applicable, the representatives of employ- 2 ees, as appropriate, to address the risk of occu- 3 pational exposure in such sectors and occupa- 4 tions; and 5 (B) record and report each work-related 6 COVID–19 infection and death, as set forth in 7 part 1904 of title 29, Code of Federal Regula- 8 tions (as in effect on the date of enactment of 9 this Act); 10 (2) no less protection for novel pathogens than 11 precautions mandated by standards adopted by a 12 State plan that has been approved by the Secretary 13 of Labor under section 18 of the Occupational Safe- 14 ty and Health Act of 1970 (29 U.S.C. 667); and 15 (3) the incorporation, as appropriate, of— 16 (A) guidelines issued by the Centers for 17 Disease Control and Prevention, the National 18 Institute for Occupational Safety and Health, 19 and the Occupational Safety and Health Ad- 20 ministration which are designed to prevent the 21 transmission of infectious agents in health care 22 or other occupational settings; and 23 (B) relevant scientific research on novel 24 25 pathogens. (d) ANTI-RETALIATION.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01159 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1160 1 (1) POLICY.—Each promulgated 2 under this section shall require employers to adopt 3 a policy prohibiting the discrimination and retalia- 4 tion described in paragraph (2) by any person (in- 5 cluding an agent of the employer). 6 (2) PROHIBITION.—No employer (including an 7 agent of the employer) shall discriminate or retaliate 8 against an employee for— 9 (A) reporting to the employer, to a local, 10 State, or Federal government agency, or to the 11 media or on a social media platform— 12 (i) a violation of a standard promul- 13 gated pursuant to this Act; 14 (ii) a violation of an infectious disease 15 exposure control plan described in sub- 16 section (c)(1); or 17 (iii) a good faith concern about a 18 workplace infectious disease hazard; 19 (B) seeking assistance or intervention from 20 the employer or a local, State, or Federal gov- 21 ernment agency with respect to such a report; 22 (C) voluntary use of personal protective 23 equipment with a higher level of protection than 24 is provided by the employer; or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 standard 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01160 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1161 1 (D) exercising any other right under the 2 Occupational Safety and Health Act of 1970 3 (29 U.S.C. 651 et seq.). 4 (3) ENFORCEMENT.—This subsection shall be 5 enforced in the same manner and to the same extent 6 as any standard promulgated under section 6(b) of 7 the Occupational Safety and Health Act of 1970 (29 8 U.S.C. 655(b)). 9 SEC. 120303. SURVEILLANCE, TRACKING, AND INVESTIGA- 10 TION OF WORK-RELATED CASES OF COVID–19. 11 The Director of the Centers for Disease Control and 12 Prevention, in conjunction with the Director of the Na13 tional Institute for Occupational Safety and Health, 14 shall— 15 (1) collect and analyze case reports, including 16 information on the work status, occupation, and in- 17 dustry classification of an individual, and other data 18 on COVID–19, to identify and evaluate the extent, 19 nature, and source of COVID–19 among employees 20 in the occupations and sectors described in subpara- 21 graphs (A) through (C) of section 120302(a)(1); 22 (2) investigate, as appropriate, individual cases 23 of COVID–19 among such employees to evaluate the 24 source of exposure and adequacy of infection and ex- 25 posure control programs and measures; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01161 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1162 1 (3) provide regular periodic reports on COVID– 2 19 among such employees to the public; and 3 (4) based on such reports and investigations, 4 make recommendations on needed actions or guid- 5 ance to protect such employees. 6 7 TITLE IV—COMMUNITY AND FAMILY SUPPORT 8 SEC. 120401. MATCHING FUNDS WAIVER FOR FORMULA 9 GRANTS AND SUBGRANTS UNDER THE FAM- 10 ILY VIOLENCE PREVENTION AND SERVICES 11 ACT. 12 (a) WAIVER 13 GRANTS AND OF MATCHING FUNDS FOR AWARDED SUBGRANTS.—The Secretary of Health and 14 Human Services shall waive— 15 (1) the non-Federal contributions requirement 16 under subsection (c)(4) of section 306 of the Family 17 Violence Prevention and Services Act (42 U.S.C. 18 10406) with respect to the grants and subgrants 19 awarded in fiscal years 2019 and 2020 to each State 20 (as defined in section 302 of such Act (42 U.S.C. 21 10402)) and the eligible entities within such State 22 under such section or section 308 of such Act (42 23 U.S.C. 10408); and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01162 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1163 1 (2) the reporting requirements required under 2 such grants and subgrants that relate to such non- 3 Federal contributions requirement. 4 (b) WAIVER OF MATCHING FUNDS FOR GRANTS 5 AWARDED AFTER DATE OF ENACTMENT.— 6 (1) IN GENERAL.—Subsection (c)(4) of section 7 306 of the Family Violence Prevention and Services 8 Act (42 U.S.C. 10406) shall not apply to a qualified 9 grant during the period of a public health emergency 10 declared pursuant to section 319 of the Public 11 Health Service Act (42 U.S.C. 247d) resulting from 12 the COVID–19 pandemic. 13 (2) QUALIFIED GRANT DEFINED.—In this sub- 14 section, the term ‘‘qualified grant’’ means a grant or 15 subgrant awarded— 16 (A) after the date of the enactment of this 17 section; and 18 (B) under section 306, 308, or 309 of the 19 Family Violence Prevention and Services Act 20 (42 U.S.C. 10406; 10408; 10409). 21 SEC. 120402. DISTRIBUTION OF CERTAIN FUNDS APPRO- 22 PRIATED FOR THE COMMUNITY SERVICES 23 BLOCK GRANT ACT. 24 (a) DISTRIBUTION OF CARES ACT FUNDS TO 25 STATES.—Section 675B(b)(3) of the Community Services g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01163 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1164 1 Block Grant Act (42 U.S.C. 9906(b)(3)) shall not apply 2 with respect to funds appropriated by the CARES Act 3 (Public Law 116–136) to carry out the Community Serv4 ices Block Grant Act (42 U.S.C.9901 et seq.). 5 (b) INCREASED POVERTY LINE.—For purposes of 6 carrying out the Community Services Block Grant Act (42 7 U.S.C. 9901 et seq.) with any funds appropriated for fis8 cal year 2020 for such Act, the term ‘‘poverty line’’ as 9 defined in section 673(2) of such Act (42 U.S.C. 9902(2)) 10 means 200 percent of the poverty line otherwise applicable 11 under such section (excluding the last sentence of such 12 section) without regard to this subsection. 13 SEC. 120403. USE OF LIHEAP SUPPLEMENTAL APPROPRIA- 14 15 TIONS. Notwithstanding the Low-Income Home Energy As- 16 sistance Act of 1981, with respect to amounts appro17 priated under title VI of division A of this Act to carry 18 out the Low-Income Home Energy Assistance Act of 19 1981, each State, the Commonwealth of Puerto Rico, 20 Guam, American Samoa, the Virgin Islands of the United 21 States, the Commonwealth of the Northern Mariana Is22 lands, and each Indian Tribe, as applicable, that receives 23 an allotment of funds from such amounts— 24 (1) shall, in using such funds, for purposes of 25 income eligibility, accept proof of job loss or severe g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01164 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1165 1 income loss dated after February 29, 2020, such as 2 a layoff or furlough notice or verification of applica- 3 tion for unemployment benefits, as sufficient to dem- 4 onstrate lack of income for an individual or house- 5 hold; and 6 (2) may use not more than 12.5 percent of such 7 funds for administrative costs. 11 TITLE V—COVID–19 PROTECTIONS UNDER LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT 12 SEC. 8 9 10 120501. PURSUANT TO THE 13 LONGSHORE AND HARBOR WORKERS’ COM- 14 PENSATION ACT. 15 (a) ENTITLEMENT TO COMPENSATION.— 16 (1) IN GENERAL.—A covered employee who re- 17 ceives a diagnosis or is subject to an order described 18 in paragraph (2)(B) and who provides notice of or 19 files a claim relating to such diagnosis or order 20 under section 12 or 13 of the Longshore and Harbor 21 Workers’ Compensation Act (33 U.S.C. 912, 913), 22 respectively, shall— 23 (A) be deemed to have an injury arising 24 out of or in the course of employment for which 25 compensation is payable under the Longshore g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 COMPENSATION 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01165 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1166 1 and Harbor Workers’ Compensation Act (33 2 U.S.C. 901 et seq.); and 3 (B) be paid the compensation to which the 4 employee is entitled under such Act (33 U.S.C. 5 901 et seq.). 6 (2) COVERED this section, the 7 term ‘‘covered employee’’ means an employee who— 8 (A) at any time during the period begin- 9 ning on January 27, 2020, and ending on Jan- 10 uary 27, 2022, was engaged in maritime em- 11 ployment; and 12 (B) was— 13 (i) at any time during the period be- 14 ginning on January 27, 2020, and ending 15 on February 27, 2022, diagnosed with 16 COVID–19; or 17 (ii) at any time during the period de- 18 scribed in subparagraph (A), ordered not 19 to return to work by the employee’s em- 20 ployer or by a local, State, or Federal 21 agency because of exposure, or the risk of 22 exposure, to 1 or more individuals diag- 23 nosed with COVID–19 in the workplace. 24 (b) REIMBURSEMENT.— 25 (1) IN g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 EMPLOYEE.—In 12:13 May 12, 2020 Jkt 000000 GENERAL.— (763351 3) PO 00000 Frm 01166 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1167 1 (A) ENTITLEMENT.—Subject to subpara- 2 graph (B), an employer of a covered employee 3 or the employer’s carrier shall be entitled to re- 4 imbursement for any compensation paid with 5 respect to a notice or claim described in sub- 6 section (a), including disability benefits, funeral 7 and burial expenses, medical or other related 8 costs for treatment and care, and reasonable 9 and necessary allocated claims expenses. 10 (B) 11 MENTS.—To 12 under subparagraph (A)— AND HEALTH REQUIRE- be entitled to reimbursement 13 (i) an employer shall be in compliance 14 with all applicable safety and health guide- 15 lines and standards that are related to the 16 prevention of occupational exposure to 17 COVID–19, including such guidelines and 18 standards issued by the Occupational Safe- 19 ty and Health Administration, State plans 20 approved under section 18 of the Occupa- 21 tional Safety and Health Act of 1970 (29 22 U.S.C. 667), the Coast Guard, and Fed- 23 eral, State or local public health authori- 24 ties; and 25 (ii) a carrier— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 SAFETY 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01167 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1168 1 (I) shall be a carrier for an em- 2 ployer that is in compliance with 3 clause (i); and 4 (II) shall not adjust the experi- 5 ence rating or the annual premium of 6 the employer based upon the com- 7 pensation paid by the carrier with re- 8 spect to a notice or claim described in 9 subparagraph (A). 10 11 (2) REIMBURSEMENT re- ceive reimbursement under paragraph (1)— 12 (A) a claim for such reimbursement shall 13 be submitted to the Secretary of Labor— 14 (i) not later than one year after the 15 final payment of compensation to a covered 16 employee pursuant to this section; and 17 (ii) in the same manner as a claim for 18 reimbursement is submitted in accordance 19 with part 61 of title 20, Code of Federal 20 Regulations (as in effect on the date of en- 21 actment of this Act); and 22 (B) an employer and the employer’s carrier 23 shall make, keep, and preserve such records, 24 make such reports, and provide such informa- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PROCEDURES.—To 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01168 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1169 1 tion, as the Secretary of Labor determines nec- 2 essary or appropriate to carry out this section. 3 (c) SPECIAL FUND.— 4 (1) IN GENERAL.—A reimbursement under 5 paragraph (1) shall be paid out of the special fund 6 established in section 44 of Longshore and Harbor 7 Workers’ Compensation Act (33 U.S.C. 944). 8 (2) FUNDING.—There are authorized to be ap- 9 propriated, and there are appropriated, such funds 10 as may be necessary to reimburse the special fund 11 described in paragraph (1) for each reimbursement 12 paid out of such fund under paragraph (1). 13 (d) REPORT.—Not later than 60 days after the end 14 of fiscal year 2020, 2021, and 2022, the Secretary of 15 Labor shall submit to the Committee on Education and 16 Labor of the House of Representatives and the Committee 17 on Health, Education, Labor and Pensions of the Senate, 18 an annual report enumerating— 19 20 (1) the number of claims filed pursuant to section (a)(1); 21 (2) of such filed claims— 22 (A) the number and types of claims ap- 23 proved under section 13 of the Longshore and 24 Harbor Workers’ Compensation Act (33 U.S.C. 25 913); g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01169 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1170 1 (B) the number and types of claims denied 2 under such section; 3 (C) the number and types of claims pend- 4 ing under such section; and 5 (3) the amounts and the number of claims for 6 reimbursement paid out of the special fund under 7 subsection (c)(1) for the fiscal year for which the re- 8 port is being submitted. 9 (e) REGULATIONS.—The Secretary of Labor may 10 promulgate such regulations as may be necessary to carry 11 out this section. 12 (f) LHWCA TERMS.—In this section, the terms ‘‘car- 13 rier’’, ‘‘compensation’’, ‘‘employee’’, and ‘‘employer’’ have 14 the meanings given the terms in section 2 of the 15 Longshore and Harbor Workers’ Compensation Act (33 16 U.S.C. 902). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01170 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1171 6 DIVISION M—CONSUMER PROTECTION AND TELECOMMUNICATIONS PROVISIONS TITLE I—COVID–19 PRICE GOUGING PREVENTION 7 SEC. 130101. SHORT TITLE. 1 2 3 4 5 8 This title may be cited as the ‘‘COVID–19 Price 9 Gouging Prevention Act’’. 10 SEC. 130102. PREVENTION OF PRICE GOUGING. 11 (a) IN GENERAL.—For the duration of a public 12 health emergency declared pursuant to section 319 of the 13 Public Health Service Act (42 U.S.C. 247d) as a result 14 of confirmed cases of 2019 novel coronavirus (COVID– 15 19), including any renewal thereof, it shall be unlawful 16 for any person to sell or offer for sale a good or service 17 at a price that— 18 (1) is unconscionably excessive; and 19 (2) indicates the seller is using the cir- 20 cumstances related to such public health emergency 21 to increase prices unreasonably. 22 (b) FACTORS FOR CONSIDERATION.—In determining 23 whether a person has violated subsection (a), there shall 24 be taken into account, with respect to the price at which g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01171 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1172 1 such person sold or offered for sale the good or service, 2 factors that include the following: 3 (1) Whether such price grossly exceeds the av- 4 erage price at which the same or a similar good or 5 service was sold or offered for sale by such person— 6 (A) during the 90-day period immediately 7 preceding January 31, 2020; or 8 (B) during the period that is 45 days be- 9 fore or after the date that is one year before 10 the date such good or service is sold or offered 11 for sale under subsection (a). 12 (2) Whether such price grossly exceeds the av- 13 erage price at which the same or a similar good or 14 service was readily obtainable from other similarly 15 situated competing sellers before January 31, 2020. 16 (3) Whether such price reasonably reflects addi- 17 tional costs, not within the control of such person, 18 that were paid, incurred, or reasonably anticipated 19 by such person, or reasonably reflects the profit- 20 ability of forgone sales or additional risks taken by 21 such person, to produce, distribute, obtain, or sell 22 such good or service under the circumstances. 23 (c) ENFORCEMENT.— 24 25 (1) ENFORCEMENT MISSION.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 BY FEDERAL TRADE COM- Jkt 000000 (763351 3) PO 00000 Frm 01172 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1173 1 (A) UNFAIR 2 TICES.—A 3 treated as a violation of a regulation under sec- 4 tion 18(a)(1)(B) of the Federal Trade Commis- 5 sion Act (15 U.S.C. 57a(a)(1)(B)) regarding 6 unfair or deceptive acts or practices. 7 violation of subsection (a) shall be (B) POWERS OF COMMISSION.—The Com- 8 mission shall enforce subsection (a) in the same 9 manner, by the same means, and with the same 10 jurisdiction, powers, and duties as though all 11 applicable terms and provisions of the Federal 12 Trade Commission Act (15 U.S.C. 41 et seq.) 13 were incorporated into and made a part of this 14 section. Any person who violates such sub- 15 section shall be subject to the penalties and en- 16 titled to the privileges and immunities provided 17 in the Federal Trade Commission Act. 18 (2) EFFECT ON OTHER LAWS.—Nothing in this 19 section shall be construed in any way to limit the 20 authority of the Commission under any other provi- 21 sion of law. 22 23 (3) ENFORCEMENT (A) IN 25 GENERAL.—If the chief law en- forcement officer of a State, or an official or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 BY STATE ATTORNEYS GEN- ERAL.— 24 VerDate Mar 15 2010 OR DECEPTIVE ACTS OR PRAC- Jkt 000000 (763351 3) PO 00000 Frm 01173 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1174 1 agency designated by a State, has reason to be- 2 lieve that any person has violated or is violating 3 subsection (a), the attorney general, official, or 4 agency of the State, in addition to any author- 5 ity it may have to bring an action in State 6 court under its consumer protection law, may 7 bring a civil action in any appropriate United 8 States district court or in any other court of 9 competent jurisdiction, including a State court, 10 to— 11 (i) enjoin further such violation by 12 such person; 13 (ii) enforce compliance with such sub- 14 section; 15 (iii) obtain civil penalties; and 16 (iv) obtain damages, restitution, or 17 other compensation on behalf of residents 18 of the State. 19 (B) NOTICE 20 FTC.—The 21 provide prior written notice of any action under 22 subparagraph (A) to the Commission and pro- 23 vide the Commission with a copy of the com- 24 plaint in the action, except in any case in which 25 such prior notice is not feasible, in which case g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AND INTERVENTION BY THE 12:13 May 12, 2020 Jkt 000000 attorney general of a State shall (763351 3) PO 00000 Frm 01174 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1175 1 the attorney general shall serve such notice im- 2 mediately upon instituting such action. The 3 Commission shall have the right— 4 (i) to intervene in the action; 5 (ii) upon so intervening, to be heard 6 on all matters arising therein; and 7 (iii) to file petitions for appeal. 8 (C) LIMITATION 9 FEDERAL ACTION IS PENDING.—If the Commis- 10 sion has instituted a civil action for violation of 11 this section, no State attorney general, or offi- 12 cial or agency of a State, may bring an action 13 under this paragraph during the pendency of 14 that action against any defendant named in the 15 complaint of the Commission for any violation 16 of this section alleged in the complaint. 17 (D) RELATIONSHIP WITH STATE-LAW 18 CLAIMS.—If 19 authority to bring an action under State law di- 20 rected at acts or practices that also violate this 21 section, the attorney general may assert the 22 State-law claim and a claim under this section 23 in the same civil action. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ON STATE ACTION WHILE 12:13 May 12, 2020 Jkt 000000 the attorney general of a State has (763351 3) PO 00000 Frm 01175 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1176 1 (4) SAVINGS in this section 2 shall preempt or otherwise affect any State or local 3 law. 4 (d) DEFINITIONS.—In this section: 5 6 (1) COMMISSION.—The term ‘‘Commission’’ means the Federal Trade Commission. 7 (2) GOOD OR SERVICE.—The term ‘‘good or 8 service’’ means a good or service offered in com- 9 merce, including— 10 (A) food, beverages, water, ice, a chemical, 11 or a personal hygiene product; 12 (B) any personal protective equipment for 13 protection from or prevention of contagious dis- 14 eases, filtering facepiece respirators, medical 15 equipment and supplies (including medical test- 16 ing supplies), a drug as defined in section 17 201(g)(1) of the Federal Food, Drug, and Cos- 18 metic Act (21 U.S.C. 321(g)(1)), cleaning sup- 19 plies, disinfectants, sanitizers; or 20 (C) any healthcare service, cleaning serv- 21 ice, or delivery service. 22 (3) STATE.—The term ‘‘State’’ means each of 23 the several States, the District of Columbia, each 24 commonwealth, territory, or possession of the United 25 States, and each federally recognized Indian Tribe. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CLAUSE.—Nothing 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01176 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1177 4 TITLE II—E–RATE SUPPORT FOR WI-FI HOTSPOTS, OTHER EQUIPMENT, AND CONNECTED DEVICES 5 SEC. 1 2 3 130201. E–RATE SUPPORT FOR WI-FI HOTSPOTS, 6 OTHER EQUIPMENT, AND CONNECTED DE- 7 VICES DURING EMERGENCY PERIODS RELAT- 8 ING TO COVID–19. 9 (a) REGULATIONS REQUIRED.—Not later than 7 10 days after the date of the enactment of this Act, the Com11 mission shall promulgate regulations providing for the 12 provision, from amounts made available from the Emer13 gency Connectivity Fund established under subsection 14 (i)(1), of support under section 254(h)(1)(B) of the Com15 munications Act of 1934 (47 U.S.C. 254(h)(1)(B)) to an 16 elementary school, secondary school, or library (including 17 a Tribal elementary school, Tribal secondary school, or 18 Tribal library) eligible for support under such section, for 19 the purchase during an emergency period described in sub20 section (e) (including any portion of such a period occur21 ring before the date of the enactment of this Act) of equip22 ment described in subsection (c), advanced telecommuni23 cations and information services, or equipment described 24 in such subsection and advanced telecommunications and 25 information services, for use by— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01177 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1178 1 (1) in the case of a school, students and staff 2 of such school at locations that include locations 3 other than such school; and 4 (2) in the case of a library, patrons of such li- 5 brary at locations that include locations other than 6 such library. 7 (b) TRIBAL ISSUES.— 8 (1) RESERVATION FOR TRIBAL LANDS.—The 9 Commission shall reserve not less than 5 percent of 10 the amounts available to the Commission under sub- 11 section (i)(3) to provide support under the regula- 12 tions required by subsection (a) to schools and li- 13 braries that serve persons who are located on Tribal 14 lands. 15 (2) ELIGIBILITY OF TRIBAL LIBRARIES.—For 16 purposes of determining the eligibility of a Tribal li- 17 brary for support under the regulations required by 18 subsection (a), the portion of paragraph (4) of sec- 19 tion 254(h) of the Communications Act of 1934 (47 20 U.S.C. 254(h)) relating to eligibility for assistance 21 from a State library administrative agency under the 22 Library Services and Technology Act shall not apply. 23 (c) EQUIPMENT DESCRIBED.—The equipment de- 24 scribed in this subsection is the following: 25 (1) Wi-Fi hotspots. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01178 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1179 1 (2) Modems. 2 (3) Routers. 3 (4) Devices that combine a modem and router. 4 (5) Connected devices. 5 (d) PRIORITIZATION OF SUPPORT.—The Commission 6 shall provide in the regulations required by subsection (a) 7 for a mechanism to require a school or library to prioritize 8 the provision of equipment described in subsection (c), ad9 vanced telecommunications and information services, or 10 equipment described in such subsection and advanced tele11 communications and information services, for which sup12 port is received under such regulations, to students and 13 staff or patrons (as the case may be) that the school or 14 library believes do not have access to equipment described 15 in subsection (c), do not have access to advanced tele16 communications and information services, or have access 17 to neither equipment described in subsection (c) nor ad18 vanced telecommunications and information services, at 19 the residences of such students and staff or patrons. 20 (e) EMERGENCY PERIODS DESCRIBED.—An emer- 21 gency period described in this subsection is a period 22 that— 23 (1) begins on the date of a determination by the 24 Secretary of Health and Human Services pursuant 25 to section 319 of the Public Health Service Act (42 g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01179 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1180 1 U.S.C. 247d) that a public health emergency exists 2 as a result of COVID–19; and 3 (2) ends on the June 30 that first occurs after 4 the date on which such determination (including any 5 renewal thereof) terminates. 6 (f) TREATMENT OF EQUIPMENT AFTER EMERGENCY 7 PERIOD.—The Commission shall provide in the regula8 tions required by subsection (a) that, in the case of a 9 school or library that purchases equipment described in 10 subsection (c) using support received under such regula11 tions, such school or library— 12 (1) may, after the emergency period with re- 13 spect to which such support is received, use such 14 equipment for such purposes as such school or li- 15 brary considers appropriate, subject to any restric- 16 tions provided in such regulations (or any successor 17 regulation); and 18 (2) may not sell or otherwise transfer such 19 equipment in exchange for any thing (including a 20 service) of value, except that such school or library 21 may exchange such equipment for upgraded equip- 22 ment of the same type. 23 (g) RULE OF CONSTRUCTION.—Nothing in this sec- 24 tion shall be construed to affect any authority the Com25 mission may have under section 254(h)(1)(B) of the Com- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01180 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1181 1 munications Act of 1934 (47 U.S.C. 254(h)(1)(B)) to 2 allow support under such section to be used for the pur3 poses described in subsection (a) other than as required 4 by such subsection. 5 (h) PROCEDURAL MATTERS.— 6 (1) PART in this 7 section shall be construed to prevent the Commission 8 from providing that the regulations in part 54 of 9 title 47, Code of Federal Regulations (or any suc- 10 cessor regulation), shall apply in whole or in part to 11 support provided under the regulations required by 12 subsection (a), shall not apply in whole or in part to 13 such support, or shall be modified in whole or in 14 part for purposes of application to such support. 15 (2) EXEMPTION FROM CERTAIN RULEMAKING 16 REQUIREMENTS.—Subsections 17 section 553 of title 5, United States Code, shall not 18 apply to a regulation promulgated under subsection 19 (a) of this section or a rulemaking to promulgate 20 such a regulation. 21 (3) PAPERWORK (b), (c), and (d) of REDUCTION ACT EXEMP- 22 TION.—A 23 sponsored under the regulations required by sub- 24 section (a), or under section 254 of the Communica- 25 tions Act of 1934 (47 U.S.C. 254) in connection g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 54 REGULATIONS.—Nothing 12:13 May 12, 2020 Jkt 000000 collection of information conducted or (763351 3) PO 00000 Frm 01181 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1182 1 with support provided under such regulations, shall 2 not constitute a collection of information for the 3 purposes of subchapter I of chapter 35 of title 44, 4 United States Code (commonly referred to as the 5 Paperwork Reduction Act). 6 (i) EMERGENCY CONNECTIVITY FUND.— 7 (1) ESTABLISHMENT.—There is established in 8 the Treasury of the United States a fund to be 9 known as the Emergency Connectivity Fund. 10 (2) AUTHORIZATION 11 There is authorized to be appropriated to the Emer- 12 gency Connectivity Fund $5,000,000,000 for fiscal 13 year 2020, to remain available through fiscal year 14 2021. 15 (3) USE OF FUNDS.—Amounts in the Emer- 16 gency Connectivity Fund shall be available to the 17 Commission to provide support under the regula- 18 tions required by subsection (a). 19 (4) RELATIONSHIP TO UNIVERSAL SERVICE 20 CONTRIBUTIONS.—Support 21 lations required by subsection (a) shall be provided 22 from amounts made available under paragraph (3) 23 and not from contributions under section 254(d) of 24 the Communications Act of 1934 (47 U.S.C. 25 254(d)). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 APPROPRIATIONS.— OF 12:13 May 12, 2020 Jkt 000000 provided under the regu- (763351 3) PO 00000 Frm 01182 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1183 1 (j) DEFINITIONS.—In this section: 2 (1) ADVANCED 3 FORMATION SERVICES.—The 4 communications and information services’’ means 5 advanced telecommunications and information serv- 6 ices, as such term is used in section 254(h) of the 7 Communications Act of 1934 (47 U.S.C. 254(h)). 8 9 term ‘‘advanced tele- (2) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission. 10 (3) CONNECTED DEVICE.—The term ‘‘con- 11 nected device’’ means a laptop computer, tablet com- 12 puter, or similar device that is capable of connecting 13 to advanced telecommunications and information 14 services. 15 16 (4) LIBRARY.—The term ‘‘library’’ includes a library consortium. 17 18 (5) TRIBAL term ‘‘Tribal land’’ (A) any land located within the boundaries 20 of— 21 (i) an Indian reservation, pueblo, or 22 rancheria; or 23 (ii) a former reservation within Okla- 24 homa; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 LAND.—The means— 19 VerDate Mar 15 2010 TELECOMMUNICATIONS AND IN- Jkt 000000 (763351 3) PO 00000 Frm 01183 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1184 1 (B) any land not located within the bound- 2 aries of an Indian reservation, pueblo, or 3 rancheria, the title to which is held— 4 (i) in trust by the United States for 5 the benefit of an Indian Tribe or an indi- 6 vidual Indian; 7 (ii) by an Indian Tribe or an indi- 8 vidual Indian, subject to restriction against 9 alienation under laws of the United States; 10 or 11 (iii) by a dependent Indian commu- 12 nity; 13 (C) any land located within a region estab- 14 lished pursuant to section 7(a) of the Alaska 15 Native Claims Settlement Act (43 U.S.C. 16 1606(a)); 17 (D) Hawaiian Home Lands, as defined in 18 section 801 of the Native American Housing 19 Assistance and Self-Determination Act of 1996 20 (25 U.S.C. 4221); or 21 (E) those areas or communities designated 22 by the Assistant Secretary of Indian Affairs of 23 the Department of the Interior that are near, 24 adjacent, or contiguous to reservations where fi- 25 nancial assistance and social service programs g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01184 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1185 1 are provided to Indians because of their status 2 as Indians. 3 (6) TRIBAL term ‘‘Tribal li- 4 brary’’ means, only during an emergency period de- 5 scribed under subsection (e), a facility owned by an 6 Indian Tribe, serving Indian Tribes, or serving 7 American Indians, Alaskan Natives, or Native Ha- 8 waiian communities, including— 9 (A) a Tribal library or Tribal library con- 10 sortium; or 11 (B) a Tribal government building, chapter 12 house, longhouse, community center, or other 13 similar public building. 14 (7) WI-FI.—The term ‘‘Wi-Fi’’ means a wire- 15 less networking protocol based on Institute of Elec- 16 trical and Electronics Engineers standard 802.11 17 (or any successor standard). 18 19 (8) (A) 21 HOTSPOT.—The term ‘‘Wi-Fi receiving mobile advanced tele- communications and information services; and 22 (B) sharing such services with another de- 23 vice through the use of Wi-Fi. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 WI-FI hotspot’’ means a device that is capable of— 20 VerDate Mar 15 2010 LIBRARY.—The Jkt 000000 (763351 3) PO 00000 Frm 01185 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1186 2 TITLE III—EMERGENCY BENEFIT FOR BROADBAND SERVICE 3 SEC. 130301. BENEFIT FOR BROADBAND SERVICE DURING 4 EMERGENCY PERIODS RELATING TO COVID– 5 19. 6 (a) PROMULGATION 1 OF REGULATIONS REQUIRED.— 7 Not later than 7 days after the date of the enactment of 8 this Act, the Commission shall promulgate regulations im9 plementing this section. 10 (b) REQUIREMENTS.—The regulations promulgated 11 pursuant to subsection (a) shall establish the following: 12 (1) EMERGENCY 13 ing an emergency period, a provider shall provide an 14 eligible household with an internet service offering, 15 upon request by a member of such household. Such 16 provider shall discount the price charged to such 17 household for such internet service offering in an 18 amount equal to the emergency broadband benefit 19 for such household. 20 (2) VERIFICATION OF ELIGIBILITY.—To verify 21 whether a household is an eligible household, a pro- 22 vider shall either— 23 (A) use the National Lifeline Eligibility 24 Verifier; or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BROADBAND BENEFIT.—Dur- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01186 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1187 1 (B) rely upon an alternative verification 2 process of the provider, if the Commission finds 3 such process to be sufficient to avoid waste, 4 fraud, and abuse. 5 (3) USE 6 VERIFIER.—The Commission shall— 7 (A) expedite the ability of all providers to 8 access the National Lifeline Eligibility Verifier 9 for purposes of determining whether a house- 10 hold is an eligible household; and 11 (B) ensure that the National Lifeline Eligi- 12 bility Verifier approves an eligible household to 13 receive the emergency broadband benefit not 14 later than two days after the date of the sub- 15 mission of information necessary to determine if 16 such household is an eligible household. 17 (4) EXTENSION OF EMERGENCY PERIOD.—An 18 emergency period may be extended within a State or 19 any portion thereof if the State, or in the case of 20 Tribal land, a Tribal government, provides written, 21 public notice to the Commission stipulating that an 22 extension is necessary in furtherance of the recovery 23 related to COVID–19. The Commission shall, within 24 48 hours after receiving such notice, post the notice 25 on the public website of the Commission. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF NATIONAL LIFELINE ELIGIBILITY 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01187 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1188 1 (5) REIMBURSEMENT.—From the Emergency 2 Broadband Connectivity Fund established in sub- 3 section (h), the Commission shall reimburse a pro- 4 vider in an amount equal to the emergency 5 broadband benefit with respect to an eligible house- 6 hold that receives such benefit from such provider. 7 (6) REIMBURSEMENT CONNECTED DE- 8 VICE.—A 9 emergency broadband benefit to an eligible house- 10 hold, supplies such household with a connected de- 11 vice may be reimbursed up to $100 from the Emer- 12 gency Broadband Connectivity Fund established in 13 subsection (h) for such connected device, if the 14 charge to such eligible household is more than $10 15 but less than $50 for such connected device, except 16 that a provider may receive reimbursement for no 17 more than one connected device per eligible house- 18 hold. 19 provider that, in addition to providing the (7) NO RETROACTIVE REIMBURSEMENT.—A 20 provider may not receive a reimbursement from the 21 Emergency Broadband Connectivity Fund for pro- 22 viding an internet service offering discounted by the 23 emergency broadband benefit, or for supplying a 24 connected device, that was provided or supplied (as g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01188 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1189 1 the case may be) before the date of the enactment 2 of this Act. 3 (8) CERTIFICATION receive a 4 reimbursement under paragraph (5) or (6), a pro- 5 vider shall certify to the Commission the following: 6 (A) That the amount for which the pro- 7 vider is seeking reimbursement from the Emer- 8 gency Broadband Connectivity Fund for an 9 internet service offering to an eligible household 10 is not more than the normal rate. 11 (B) That each eligible household for which 12 a provider is seeking reimbursement for pro- 13 viding an internet service offering discounted by 14 the emergency broadband benefit— 15 (i) has not been and will not be 16 charged— 17 (I) for such offering, if the nor- 18 mal rate for such offering is less than 19 or equal to the amount of the emer- 20 gency broadband benefit for such 21 household; or 22 (II) more for such offering than 23 the difference between the normal rate 24 for such offering and the amount of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REQUIRED.—To 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01189 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1190 1 the emergency broadband benefit for 2 such household; 3 (ii) will not be required to pay an 4 early termination fee if such eligible house- 5 hold elects to enter into a contract to re- 6 ceive such internet service offering if such 7 household later terminates such contract; 8 and 9 (iii) was not subject to a mandatory 10 waiting period for such internet service of- 11 fering based on having previously received 12 broadband internet access service from 13 such provider. 14 (C) A description of the process used by 15 the provider to verify that a household is an eli- 16 gible household, if the provider elects an alter- 17 native verification process under paragraph 18 (2)(B), and that such verification process was 19 designed to avoid waste, fraud, and abuse. 20 (9) AUDIT Commission 21 shall adopt audit requirements to ensure that pro- 22 viders are in compliance with the requirements of 23 this section and to prevent waste, fraud, and abuse 24 in the emergency broadband benefit program estab- 25 lished under this section. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REQUIREMENTS.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01190 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1191 1 (c) ELIGIBLE PROVIDERS.—Notwithstanding sub- 2 section (e) of this section, the Commission shall provide 3 a reimbursement to a provider under this section without 4 requiring such provider to be designated as an eligible tele5 communications carrier under section 214(e) of the Com6 munications Act of 1934 (47 U.S.C. 214(e)). 7 (d) RULE OF CONSTRUCTION.—Nothing in this sec- 8 tion shall affect the collection, distribution, or administra9 tion of the Lifeline Assistance Program governed by the 10 rules set forth in subpart E of part 54 of title 47, Code 11 of Federal Regulations (or any successor regulation). 12 (e) PART 54 REGULATIONS.—Nothing in this section 13 shall be construed to prevent the Commission from pro14 viding that the regulations in part 54 of title 47, Code 15 of Federal Regulations (or any successor regulation), shall 16 apply in whole or in part to support provided under the 17 regulations required by subsection (a), shall not apply in 18 whole or in part to such support, or shall be modified in 19 whole or in part for purposes of application to such sup20 port. 21 (f) ENFORCEMENT.—A violation of this section or a 22 regulation promulgated under this section, including the 23 knowing or reckless denial of an internet service offering 24 discounted by the emergency broadband benefit to an eligi25 ble household that requests such an offering, shall be g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01191 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1192 1 treated as a violation of the Communications Act of 1934 2 (47 U.S.C. 151 et seq.) or a regulation promulgated under 3 such Act. The Commission shall enforce this section and 4 the regulations promulgated under this section in the same 5 manner, by the same means, and with the same jurisdic6 tion, powers, and duties as though all applicable terms and 7 provisions of the Communications Act of 1934 were incor8 porated into and made a part of this section. 9 (g) EXEMPTIONS.— 10 (1) NOTICE AND COMMENT RULEMAKING RE- 11 QUIREMENTS.—Section 12 Code, shall not apply to a regulation promulgated 13 under subsection (a) or a rulemaking to promulgate 14 such a regulation. 15 (2) PAPERWORK 553 of title 5, United States REDUCTION ACT REQUIRE- 16 MENTS.—A 17 sponsored under the regulations required by sub- 18 section (a) shall not constitute a collection of infor- 19 mation for the purposes of subchapter I of chapter 20 35 of title 44, United States Code (commonly re- 21 ferred to as the Paperwork Reduction Act). 22 (h) collection of information conducted or EMERGENCY BROADBAND CONNECTIVITY 23 FUND.— 24 (1) ESTABLISHMENT.—There is established in 25 the Treasury of the United States a fund to be g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01192 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1193 1 known as the Emergency Broadband Connectivity 2 Fund. 3 (2) AUTHORIZATION APPROPRIATIONS.— 4 There is authorized to be appropriated to the Emer- 5 gency Broadband Connectivity Fund $8,800,000,000 6 for fiscal year 2020, to remain available through fis- 7 cal year 2021. 8 (3) USE OF FUNDS.—Amounts in the Emer- 9 gency Broadband Connectivity Fund shall be avail- 10 able to the Commission for reimbursements to pro- 11 viders under the regulations required by subsection 12 (a). 13 (4) RELATIONSHIP TO UNIVERSAL SERVICE 14 CONTRIBUTIONS.—Reimbursements 15 the regulations required by subsection (a) shall be 16 provided from amounts made available under this 17 subsection and not from contributions under section 18 254(d) of the Communications Act of 1934 (47 19 U.S.C. 254(d)), except the Commission may use 20 such contributions if needed to offset expenses asso- 21 ciated with the reliance on the National Lifeline Eli- 22 gibility Verifier to determine eligibility of households 23 to receive the emergency broadband benefit. 24 (i) DEFINITIONS.—In this section: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 provided under (763351 3) PO 00000 Frm 01193 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1194 1 (1) BROADBAND 2 The term ‘‘broadband internet access service’’ has 3 the meaning given such term in section 8.1(b) of 4 title 47, Code of Federal Regulations (or any suc- 5 cessor regulation). 6 (2) CONNECTED DEVICE.—The term ‘‘con- 7 nected device’’ means a laptop or desktop computer 8 or a tablet. 9 (3) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 10 household’’ means, regardless of whether the house- 11 hold or any member of the household receives sup- 12 port under subpart E of part 54 of title 47, Code 13 of Federal Regulations (or any successor regulation), 14 and regardless of whether any member of the house- 15 hold has any past or present arrearages with a pro- 16 vider, a household in which— 17 (A) at least one member of the household 18 meets the qualifications in subsection (a) or (b) 19 of section 54.409 of title 47, Code of Federal 20 Regulations (or any successor regulation); 21 (B) at least one member of the household 22 has applied for and been approved to receive 23 benefits under the free and reduced price lunch 24 program under the Richard B. Russell National 25 School Lunch Act (42 U.S.C. 1751 et seq.) or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 INTERNET ACCESS SERVICE.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01194 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1195 1 the school breakfast program under section 4 of 2 the Child Nutrition Act of 1966 (42 U.S.C. 3 1773); or 4 (C) at least one member of the household 5 has experienced a substantial loss of income 6 since February 29, 2020, documented by layoff 7 or furlough notice, application for unemploy- 8 ment insurance benefits, or similar documenta- 9 tion. 10 (4) EMERGENCY 11 term ‘‘emergency broadband benefit’’ means a 12 monthly discount for an eligible household applied to 13 the normal rate for an internet service offering, in 14 an amount equal to such rate, but not more than 15 $50, or, if an internet service offering is provided to 16 an eligible household on Tribal land, not more than 17 $75. 18 19 (5) EMERGENCY PERIOD.—The term ‘‘emer- gency period’’ means a period that— 20 (A) begins on the date of a determination 21 by the Secretary of Health and Human Services 22 pursuant to section 319 of the Public Health 23 Service Act (42 U.S.C. 247d) that a public 24 health emergency exists as a result of COVID– 25 19; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BROADBAND BENEFIT.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01195 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1196 1 (B) ends on the date that is 6 months 2 after the date on which such determination (in- 3 cluding any renewal thereof) terminates, except 4 as such period may be extended under sub- 5 section (b)(4). 6 (6) INTERNET SERVICE OFFERING.—The term 7 ‘‘internet service offering’’ means, with respect to a 8 provider, broadband internet access service provided 9 by such provider to a household, offered in the same 10 manner, and on the same terms, as described in any 11 of such provider’s advertisements for broadband 12 internet access service to such household, as on May 13 1, 2020. 14 (7) NORMAL RATE.—The term ‘‘normal rate’’ 15 means, with respect to an internet service offering 16 by a provider, the advertised monthly retail rate, as 17 of May 1, 2020, including any applicable promotions 18 and excluding any taxes or other governmental fees. 19 (8) PROVIDER.—The term ‘‘provider’’ means a 20 21 provider of broadband internet access service. SEC. 130302. 22 23 ENHANCED LIFELINE BENEFITS DURING EMERGENCY PERIODS. (a) ENHANCED MINIMUM SERVICE STANDARDS FOR 24 LIFELINE BENEFITS DURING EMERGENCY PERIODS.— 25 During an emergency period— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01196 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1197 1 (1) the minimum service standard for Lifeline 2 supported mobile voice service shall provide an un- 3 limited number of minutes per month; 4 (2) the minimum service standard for Lifeline 5 supported mobile data service shall provide an un- 6 limited data allowance each month and 4G speeds, 7 where available; and 8 (3) the Basic Support Amount and Tribal 9 Lands Support Amount, as described in section 10 54.403 of title 47, Code of Federal Regulations (or 11 any successor regulation), shall be increased by an 12 amount necessary, as determined by the Commis- 13 sion, to offset any incremental increase in cost asso- 14 ciated with the requirements in paragraphs (1) and 15 (2). 16 (b) EXTENSION OF EMERGENCY PERIOD.—An emer- 17 gency period may be extended within a State or any por18 tion thereof for a maximum of six months, if the State, 19 or in the case of Tribal land, a Tribal government, pro20 vides written, public notice to the Commission stipulating 21 that an extension is necessary in furtherance of the recov22 ery related to COVID–19. The Commission shall, within 23 48 hours after receiving such notice, post the notice on 24 the public website of the Commission. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01197 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1198 1 (c) REGULATIONS.—The Commission shall adopt, on 2 an expedited basis, any regulations needed to carry out 3 this section. 4 (d) EMERGENCY PERIOD DEFINED.—In this section, 5 the term ‘‘emergency period’’ means a period that— 6 (1) begins on the date of a determination by the 7 Secretary of Health and Human Services pursuant 8 to section 319 of the Public Health Service Act (42 9 U.S.C. 247d) that a public health emergency exists 10 as a result of COVID–19; and 11 (2) ends on the date that is 6 months after the 12 date on which such determination (including any re- 13 newal thereof) terminates, except as such period 14 may be extended under subsection (b). 15 SEC. 130303. GRANTS TO STATES TO STRENGTHEN NA- 16 17 TIONAL LIFELINE ELIGIBILITY VERIFIER. (a) IN GENERAL.—From amounts appropriated 18 under subsection (d), the Commission shall, not later than 19 7 days after the date of the enactment of this Act, make 20 a grant to each State, in an amount in proportion to the 21 population of such State, for the purpose of connecting 22 the database used by such State for purposes of the sup23 plemental nutrition assistance program under the Food 24 and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) to the 25 National Lifeline Eligibility Verifier, so that the receipt g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01198 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1199 1 by a household of benefits under such program is reflected 2 in the National Lifeline Eligibility Verifier. 3 (b) DISBURSEMENT GRANT FUNDS.—Funds OF 4 under each grant made under subsection (a) shall be dis5 bursed to the State receiving such grant not later than 6 7 days after the date of the enactment of this Act. 7 (c) CERTIFICATION TO CONGRESS.—Not later than 8 21 days after the date of the enactment of this Act, the 9 Commission shall certify to the Committee on Energy and 10 Commerce of the House of Representatives and the Com11 mittee on Commerce, Science, and Transportation of the 12 Senate that the grants required by subsection (a) have 13 been made and that funds have been disbursed as required 14 by subsection (b). 15 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 16 authorized to be appropriated $200,000,000 to carry out 17 this section for fiscal year 2020, to remain available 18 through fiscal year 2021. 19 SEC. 130304. DEFINITIONS. 20 In this title: 21 22 (1) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission. 23 (2) LIFELINE ELIGIBILITY 24 VERIFIER.—The 25 Verifier’’ has the meaning given such term in section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 NATIONAL 12:13 May 12, 2020 Jkt 000000 term ‘‘National Lifeline Eligibility (763351 3) PO 00000 Frm 01199 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1200 1 54.400 of title 47, Code of Federal Regulations (or 2 any successor regulation). 3 (3) STATE.—The term ‘‘State’’ has the mean- 4 ing given such term in section 3 of the Communica- 5 tions Act of 1934 (47 U.S.C. 153). 7 TITLE IV—CONTINUED CONNECTIVITY 8 SEC. 130401. CONTINUED CONNECTIVITY DURING EMER- 6 9 GENCY PERIODS RELATING TO COVID–19. 10 Title VII of the Communications Act of 1934 (47 11 U.S.C. 601 et seq.) is amended by adding at the end the 12 following: 13 ‘‘SEC. 723. CONTINUED CONNECTIVITY DURING EMER- 14 15 GENCY PERIODS RELATING TO COVID–19. ‘‘(a) IN GENERAL.—During an emergency period de- 16 scribed in subsection (b), it shall be unlawful— 17 18 ‘‘(1) for a provider of advanced telecommunications service or voice service to— 19 ‘‘(A) terminate, reduce, or change such 20 service provided to any individual customer or 21 small business because of the inability of the in- 22 dividual customer or small business to pay for 23 such service if the individual customer or small 24 business certifies to such provider that such in- 25 ability to pay is a result of disruptions caused g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01200 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1201 1 by the public health emergency to which such 2 emergency period relates; or 3 ‘‘(B) impose late fees on any individual 4 customer or small business because of the in- 5 ability of the individual customer or small busi- 6 ness to pay for such service if the individual 7 customer or small business certifies to such pro- 8 vider that such inability to pay is a result of 9 disruptions caused by the public health emer- 10 gency to which such emergency period relates; 11 ‘‘(2) for a provider of advanced telecommuni- 12 cations service to, during such emergency period— 13 ‘‘(A) employ a limit on the amount of data 14 allotted to an individual customer or small busi- 15 ness during such emergency period, except that 16 such provider may engage in reasonable net- 17 work management; or 18 ‘‘(B) charge an individual customer or 19 small business an additional fee for exceeding 20 the limit on the data allotted to an individual 21 customer or small business; or 22 ‘‘(3) for a provider of advanced telecommuni- 23 cations service that had functioning Wi-Fi hotspots 24 available to subscribers in public places on the day 25 before the beginning of such emergency period to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01201 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1202 1 fail to make service provided by such Wi-Fi hotspots 2 available to the public at no cost during such emer- 3 gency period. 4 ‘‘(b) WAIVER.—Upon a petition by a provider ad- 5 vanced telecommunications service or voice service, the 6 provisions in subsection (a) may be suspended or waived 7 by the Commission at any time, in whole or in part, for 8 good cause shown. 9 ‘‘(c) EMERGENCY PERIODS DESCRIBED.—An emer- 10 gency period described in this subsection is any portion 11 beginning on or after the date of the enactment of this 12 section of the duration of a public health emergency de13 clared pursuant to section 319 of the Public Health Serv14 ice Act (42 U.S.C. 247d) as a result of COVID–19, includ15 ing any renewal thereof. 16 ‘‘(d) DEFINITIONS.—In this section: 17 ‘‘(1) ADVANCED 18 ICE.—The 19 ice’ means a service that provides advanced tele- 20 communications capability (as defined in section 706 21 of the Telecommunications Act of 1996 (47 U.S.C. 22 1302)). 23 term ‘advanced telecommunications serv- ‘‘(2) BROADBAND INTERNET ACCESS SERV- 24 ICE.—The 25 has the meaning given such term in section 8.1(b) g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TELECOMMUNICATIONS SERV- 12:13 May 12, 2020 Jkt 000000 term ‘broadband internet access service’ (763351 3) PO 00000 Frm 01202 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1203 1 of title 47, Code of Federal Regulations (or any suc- 2 cessor regulation). 3 ‘‘(3) INDIVIDUAL term ‘indi- 4 vidual customer’ means an individual who contracts 5 with a mass-market retail provider of advanced tele- 6 communications service or voice service to provide 7 service to such individual. 8 9 ‘‘(4) REASONABLE NETWORK MANAGEMENT.— The term ‘reasonable network management’— 10 ‘‘(A) means the use of a practice that— 11 ‘‘(i) has a primarily technical network 12 management justification; and 13 ‘‘(ii) is primarily used for and tailored 14 to achieving a legitimate network manage- 15 ment purpose, taking into account the par- 16 ticular network architecture and tech- 17 nology of the service; and 18 ‘‘(B) does not include other business prac- 19 tices. 20 ‘‘(5) SMALL BUSINESS.—The term ‘small busi- 21 ness’ has the meaning given such term under section 22 601(3) of title 5, United States Code. 23 24 ‘‘(6) VOICE 12:13 May 12, 2020 SERVICE.—The term ‘voice service’ has the meaning given such term under section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CUSTOMER.—The Jkt 000000 (763351 3) PO 00000 Frm 01203 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1204 1 227(e)(8) of the Communications Act of 1934 (47 2 U.S.C. 227(e)(8)). 3 ‘‘(7) WI-FI.—The term ‘Wi-Fi’ means a wire- 4 less networking protocol based on Institute of Elec- 5 trical and Electronics Engineers standard 802.11 6 (or any successor standard). 7 ‘‘(8) 8 WI-FI HOTSPOT.—The term ‘Wi-Fi hotspot’ means a device that is capable of— 9 ‘‘(A) receiving mobile broadband internet 10 access service; and 11 ‘‘(B) sharing such service with another de- 12 vice through the use of Wi-Fi.’’. 14 TITLE V—DON’T BREAK UP THE T–BAND 15 SEC. 130501. REPEAL OF REQUIREMENT TO REALLOCATE 13 16 17 AND AUCTION T–BAND SPECTRUM. (a) REPEAL.—Section 6103 of the Middle Class Tax 18 Relief and Job Creation Act of 2012 (47 U.S.C. 1413) 19 is repealed. 20 (b) CLERICAL AMENDMENT.—The table of contents 21 in section 1(b) of such Act is amended by striking the 22 item relating to section 6103. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01204 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1205 TITLE VI—NATIONAL SUICIDE HOTLINE DESIGNATION 1 2 3 SEC. 130601. FINDINGS. 4 Congress finds the following: 5 (1) According to the American Foundation for 6 Suicide Prevention, on average, there are 129 sui- 7 cides per day in the United States. 8 (2) To prevent future suicides, it is critical to 9 transition the cumbersome, existing 10-digit Na- 10 tional Suicide Hotline to a universal, easy-to-remem- 11 ber, 3-digit phone number and connect people in cri- 12 sis with life-saving resources. 13 (3) It is essential that people in the United 14 States have access to a 3-digit national suicide hot- 15 line across all geographic locations. 16 (4) The designated suicide hotline number will 17 need to be both familiar and recognizable to all peo- 18 ple in the United States. 19 SEC. 130602. UNIVERSAL TELEPHONE NUMBER FOR NA- 20 TIONAL SUICIDE PREVENTION AND MENTAL 21 HEALTH CRISIS HOTLINE SYSTEM. 22 (a) IN GENERAL.—Section 251(e) of the Commu- 23 nications Act of 1934 (47 U.S.C. 251(e)) is amended by 24 adding at the end the following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01205 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1206 1 ‘‘(4) UNIVERSAL TELEPHONE NUMBER FOR NA- 2 TIONAL SUICIDE PREVENTION AND MENTAL HEALTH 3 CRISIS HOTLINE SYSTEM.—9–8–8 4 the universal telephone number within the United 5 States for the purpose of the national suicide pre- 6 vention and mental health crisis hotline system oper- 7 ating through the National Suicide Prevention Life- 8 line maintained by the Assistant Secretary for Men- 9 tal Health and Substance Use under section 520E– 10 3 of the Public Health Service Act (42 U.S.C. 11 290bb–36c) and through the Veterans Crisis Line 12 maintained by the Secretary of Veterans Affairs 13 under section 1720F(h) of title 38, United States 14 Code.’’. 15 (b) EFFECTIVE DATE.—The amendment made by is designated as 16 subsection (a) shall take effect on the date that is 1 year 17 after the date of the enactment of this Act. 18 (c) REQUIRED REPORT.—Not later than 180 days 19 after the date of the enactment of this Act, the Assistant 20 Secretary for Mental Health and Substance Use and the 21 Secretary of Veterans Affairs shall jointly submit a report 22 that details the resources necessary to make the use of 23 9–8–8, as designated under paragraph (4) of section 24 251(e) of the Communications Act of 1934 (47 U.S.C. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01206 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1207 1 251(e)), as added by subsection (a) of this section, oper2 ational and effective across the United States to— 3 (1) the Committee on Commerce, Science, and 4 Transportation of the Senate; 5 (2) the Committee on Appropriations of the 6 Senate; 7 (3) the Committee on Energy and Commerce of 8 the House of Representatives; and 9 (4) the Committee on Appropriations of the 10 11 House of Representatives. SEC. 130603. STATE AUTHORITY OVER FEES. 12 (a) AUTHORITY.— 13 (1) IN in this Act, any 14 amendment made by this Act, the Communications 15 Act of 1934 (47 U.S.C. 151 et seq.), or any Com- 16 mission regulation or order may prevent the imposi- 17 tion and collection of a fee or charge applicable to 18 a voice service specifically designated by a State, a 19 political subdivision of a State, an Indian Tribe, or 20 a village or regional corporation serving a region es- 21 tablished pursuant to the Alaska Native Claims Set- 22 tlement Act (43 U.S.C. 1601 et seq.) for the support 23 or implementation of 9–8–8 services, if the fee or 24 charge is held in a sequestered account to be obli- 25 gated or expended only in support of 9–8–8 services, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Nothing 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01207 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1208 1 or enhancements of such services, as specified in the 2 provision of State or local law adopting the fee or 3 charge. 4 (2) USE OF 9–8–8 FEES.—A fee or charge col- 5 lected under this subsection shall only be imposed, 6 collected, and used to pay expenses that a State, a 7 political subdivision of a State, an Indian Tribe, or 8 a village or regional corporation serving a region es- 9 tablished pursuant to the Alaska Native Claims Set- 10 tlement Act (43 U.S.C. 1601 et seq.) is expected to 11 incur that are reasonably attributable to— 12 (A) ensuring the efficient and effective 13 routing of calls made to the 9–8–8 national sui- 14 cide prevention and mental health crisis hotline 15 to an appropriate crisis center; or 16 (B) the provision of acute mental health, 17 crisis outreach, and stabilization services di- 18 rectly responding to the 9–8–8 national suicide 19 prevention and mental health crisis hotline. 20 (b) FEE ACCOUNTABILITY REPORT.—To ensure effi- 21 ciency, transparency, and accountability in the collection 22 and expenditure of a fee or charge for the support or im23 plementation of 9–8–8 services, not later than 2 years 24 after the date of the enactment of this Act, and annually 25 thereafter, the Commission shall submit to the Commit- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01208 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1209 1 tees on Commerce, Science, and Transportation and Ap2 propriations of the Senate and the Committees on Energy 3 and Commerce and Appropriations of the House of Rep4 resentatives a report that— 5 (1) details the status in each State, political 6 subdivision of a State, Indian Tribe, or village or re- 7 gional corporation serving a region established pur- 8 suant to the Alaska Native Claims Settlement Act 9 (43 U.S.C. 1601 et seq.) of the collection and dis- 10 tribution of such fees or charges, including a de- 11 tailed report about how those fees or charges are 12 being used to support 9–8–8 services; and 13 (2) includes findings on the amount of revenues 14 obligated or expended by each State, political sub- 15 division of a State, Indian Tribe, or village or re- 16 gional corporation serving a region established pur- 17 suant to the Alaska Native Claims Settlement Act 18 (43 U.S.C. 1601 et seq.) for any purpose other than 19 the purpose for which any such fees or charges are 20 specified. 21 (c) DEFINITIONS.—In this section: 22 23 (1) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission. 24 (2) STATE.—The term ‘‘State’’ has the mean- 25 ing given that term in section 7 of the Wireless g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01209 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1210 1 Communications and Public Safety Act of 1999 (47 2 U.S.C. 615b). 3 (3) VOICE SERVICE.—The term ‘‘voice service’’ 4 has the meaning given that term in section 5 227(e)(8) of the Communications Act of 1934 (47 6 U.S.C. 227(e)(8)). 7 SEC. 130604. LOCATION IDENTIFICATION REPORT. 8 (a) IN GENERAL.—Not later than 180 days after the 9 date of the enactment of this Act, the Federal Commu10 nications Commission shall submit to the appropriate com11 mittees a report that examines the feasibility and cost of 12 including an automatic dispatchable location that would 13 be conveyed with a 9–8–8 call, regardless of the techno14 logical platform used and including with calls from multi15 line telephone systems (as defined in section 6502 of the 16 Middle Class Tax Relief and Job Creation Act of 2012 17 (47 U.S.C. 1471)). 18 (b) DEFINITIONS.—In this section: 19 20 (1) APPROPRIATE (A) The Committee on Commerce, Science, 22 and Transportation of the Senate. 23 (B) The Committee on Health, Education, 24 Labor, and Pensions of the Senate. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 term ‘‘appropriate committees’’ means the following: 21 VerDate Mar 15 2010 COMMITTEES.—The Jkt 000000 (763351 3) PO 00000 Frm 01210 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1211 1 (C) The Committee on Energy and Com- 2 merce of the House of Representatives. 3 (2) DISPATCHABLE LOCATION.—The term 4 ‘‘dispatchable location’’ means the street address of 5 the calling party and additional information such as 6 room number, floor number, or similar information 7 necessary to adequately identify the location of the 8 calling party. 9 SEC. 130605. REPORT ON CERTAIN TRAINING PROGRAMS. 10 (a) SENSE OF THE CONGRESS.—It is the sense of the 11 Congress that— 12 (1) youth who are lesbian, gay, bisexual, 13 transgender, or queer (referred to in this section as 14 ‘‘LGBTQ’’) are more than 4 times more likely to 15 contemplate suicide than their peers; 16 (2) 1 in 5 LGBTQ youth and more than 1 in 17 3 transgender youth report attempting suicide this 18 past year; and 19 (3) the Substance Abuse and Mental Health 20 Services Administration must be equipped to provide 21 specialized resources to this at-risk community. 22 (b) REPORT.—Not later than 180 days after the date 23 of the enactment of this Act, the Assistant Secretary for 24 Mental Health and Substance Use shall submit to the 25 Committee on Commerce, Science, and Transportation of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01211 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1212 1 the Senate, the Committee on Health, Education, Labor, 2 and Pensions of the Senate, and the Committee on Energy 3 and Commerce of the House of Representatives a report 4 that— 5 (1) details a strategy, to be developed in con- 6 sultation with 1 or more organizations with expertise 7 in suicide of LGBTQ youth as well as 1 or more or- 8 ganizations with expertise in suicide of other high 9 risk populations, for the Substance Abuse and Men- 10 tal Health Services Administration to offer, support, 11 or provide technical assistance to training programs 12 for National Suicide Prevention Lifeline counselors 13 to increase competency in serving LGBTQ youth 14 and other high risk populations; and 15 (2) includes recommendations regarding— 16 (A) the facilitation of access to services 17 that are provided to specially trained staff and 18 partner organizations for LGBTQ individuals 19 and other high risk populations; and 20 (B) a strategy for optimally implementing 21 an Integrated Voice Response, or other equally 22 effective mechanism, to allow National Suicide 23 Prevention Lifeline callers who are LGBTQ 24 youth or members of other high risk popu- 25 lations to access specialized services. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01212 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1213 3 TITLE VII—COVID–19 COMPASSION AND MARTHA WRIGHT PRISON PHONE JUSTICE 4 SEC. 130701. FINDINGS. 1 2 5 Congress finds the following: 6 (1) Prison, jails, and other confinement facili- 7 ties in the United States have unique telecommuni- 8 cations needs due to safety and security concerns. 9 (2) Unjust and unreasonable charges for tele- 10 phone and advanced communications services in con- 11 finement facilities negatively impact the safety and 12 security of communities in the United States by 13 damaging relationships between incarcerated persons 14 and their support systems, thereby exacerbating re- 15 cidivism. 16 (3) The COVID–19 pandemic has greatly inten- 17 sified these concerns. Jails and prisons have become 18 epicenters for the spread of the virus, with incarcer- 19 ated persons concentrated in small, confined spaces 20 and often without access to adequate health care. At 21 Cook County jail alone, hundreds of incarcerated 22 persons and jail staff have tested positive for the 23 virus since its outbreak. 24 (4) To prevent the spread of the virus, many 25 jails and prisons across the country suspended pub- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01213 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1214 1 lic visitation, leaving confinement facility commu- 2 nications services as the only way that incarcerated 3 persons can stay in touch with their families. 4 (5) All people in the United States, including 5 anyone who pays for confinement facility commu- 6 nications services, should have access to communica- 7 tions services at charges that are just and reason- 8 able. 9 (6) Unemployment has risen sharply as a result 10 of the COVID–19 pandemic, straining the incomes 11 of millions of Americans and making it even more 12 difficult for families of incarcerated persons to pay 13 the high costs of confinement facility communica- 14 tions services. 15 (7) Certain markets for confinement facility 16 communications services are distorted due to reverse 17 competition, in which the financial interests of the 18 entity making the buying decision (the confinement 19 facility) are aligned with the seller (the provider of 20 confinement facility communications services) and 21 not the consumer (the incarcerated person or a 22 member of his or her family). This reverse competi- 23 tion occurs because site commission payments to the 24 confinement facility from the provider of confine- 25 ment facility communications services are the chief g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01214 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1215 1 criterion many facilities use to select their provider 2 of confinement facility communications services. 3 (8) Charges for confinement facility commu- 4 nications services that have been shown to be unjust 5 and unreasonable are often a result of site commis- 6 sion payments that far exceed the costs incurred by 7 the confinement facility in accommodating these 8 services. 9 (9) Unjust and unreasonable charges have been 10 assessed for both audio and video services and for 11 both intrastate and interstate communications from 12 confinement facilities. 13 (10) Though Congress enacted emergency legis- 14 lation to allow free communications in Federal pris- 15 ons during the pandemic, it does not cover commu- 16 nications to or from anyone incarcerated in State 17 and local prisons or jails. 18 (11) Mrs. Martha Wright-Reed led a campaign 19 for just communications rates for incarcerated peo- 20 ple for over a decade. 21 (12) Mrs. Wright-Reed was the lead plaintiff in 22 Wright v. Corrections Corporation of America, CA 23 No. 00–293 (GK) (D.D.C. 2001). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01215 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1216 1 (13) That case ultimately led to the Wright Pe- 2 tition at the Federal Communications Commission, 3 CC Docket No. 96–128 (November 3, 2003). 4 (14) As a grandmother, Mrs. Wright-Reed was 5 forced to choose between purchasing medication and 6 communicating with her incarcerated grandson. 7 (15) Mrs. Wright-Reed passed away on Janu- 8 ary 18, 2015, before fully realizing her dream of just 9 communications rates for all people. 10 SEC. 130702. REQUIREMENTS FOR CONFINEMENT FACILITY 11 COMMUNICATIONS SERVICES, DURING THE 12 COVID–19 PANDEMIC AND OTHER TIMES. 13 (a) IN GENERAL.—Section 276 of the Communica- 14 tions Act of 1934 (47 U.S.C. 276) is amended by adding 15 at the end the following: 16 17 ‘‘(e) ADDITIONAL REQUIREMENTS MENT CONFINE- FACILITY COMMUNICATIONS SERVICES.— 18 ‘‘(1) AUTHORITY.— 19 ‘‘(A) IN GENERAL.—All charges, practices, 20 classifications, and regulations for and in con- 21 nection with confinement facility communica- 22 tions services shall be just and reasonable, and 23 any such charge, practice, classification, or reg- 24 ulation that is unjust or unreasonable is de- 25 clared to be unlawful. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01216 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1217 1 ‘‘(B) RULEMAKING later 2 than 18 months after the date of the enactment 3 of this subsection, the Commission shall issue 4 rules to adopt, for the provision of confinement 5 facility communications services, rates and an- 6 cillary service charges that are just and reason- 7 able, which shall be the maximum such rates 8 and charges that a provider of confinement fa- 9 cility communications services may charge for 10 such services. In determining rates and charges 11 that are just and reasonable, the Commission 12 shall adopt such rates and charges based on the 13 average industry costs of providing such serv- 14 ices using data collected from providers of con- 15 finement facility communications services. 16 ‘‘(C) BIENNIAL REVIEW.—Not less fre- 17 quently than every 2 years following the 18 issuance of rules under subparagraph (B), the 19 Commission shall— 20 ‘‘(i) determine whether the rates and 21 ancillary service charges authorized by the 22 rules issued under such subparagraph re- 23 main just and reasonable; and 24 ‘‘(ii) if the Commission determines 25 under clause (i) that any such rate or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REQUIRED.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01217 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1218 1 charge does not remain just and reason- 2 able, revise such rules so that such rate or 3 charge is just and reasonable. 4 ‘‘(2) INTERIM the Commis- 5 sion issues the rules required by paragraph (1)(B), 6 a provider of confinement facility communications 7 services may not charge a rate for any voice service 8 communication using confinement facility commu- 9 nications services that exceeds the following: 10 ‘‘(A) For debit calling or prepaid calling, 11 $0.04 per minute. 12 ‘‘(B) For collect calling, $0.05 per minute. 13 ‘‘(3) ASSESSMENT ON PER-MINUTE BASIS.—Ex- 14 cept as provided in paragraph (4), a provider of con- 15 finement facility communications services— 16 ‘‘(A) shall assess all charges for a commu- 17 nication using such services on a per-minute 18 basis for the actual duration of the communica- 19 tion, measured from communication acceptance 20 to termination, rounded up to the next full 21 minute, except in the case of charges for serv- 22 ices that the confinement facility offers free of 23 charge or for amounts below the amounts per- 24 mitted under this subsection; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RATE CAPS.—Until 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01218 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1219 1 ‘‘(B) may not charge a per-communication 2 or per-connection charge for a communication 3 using such services. 4 ‘‘(4) ANCILLARY 5 ‘‘(A) GENERAL PROHIBITION.—A provider 6 of confinement facility communications services 7 may not charge an ancillary service charge 8 other than— 9 ‘‘(i) if the Commission has not yet 10 issued the rules required by paragraph 11 (1)(B), a charge listed in subparagraph 12 (B) of this paragraph; or 13 ‘‘(ii) a charge authorized by the rules 14 adopted by the Commission under para- 15 graph (1). 16 ‘‘(B) PERMITTED CHARGES AND RATES.— 17 If the Commission has not yet issued the rules 18 required by paragraph (1)(B), a provider of 19 confinement facility communications services 20 may not charge a rate for an ancillary service 21 charge in excess of the following: 22 ‘‘(i) In the case of an automated pay- 23 ment fee, 2.9 percent of the total charge 24 on which the fee is assessed. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 SERVICE CHARGES.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01219 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1220 1 ‘‘(ii) In the case of a fee for single-call 2 and related services, the exact transaction 3 fee charged by the third-party provider, 4 with no markup. 5 ‘‘(iii) In the case of a live agent fee, 6 $5.95 per use. 7 ‘‘(iv) In the case of a paper bill or 8 statement fee, $2 per use. 9 ‘‘(v) In the case of a third-party fi- 10 nancial transaction fee, the exact fee, with 11 no markup, charged by the third party for 12 the transaction. 13 ‘‘(5) PROHIBITION 14 provider of confinement facility communications 15 services may not assess a site commission. 16 ‘‘(6) RELATIONSHIP TO STATE LAW.—A State 17 or political subdivision of a State may not enforce 18 any law, rule, regulation, standard, or other provi- 19 sion having the force or effect of law relating to con- 20 finement facility communications services that allows 21 for higher rates or other charges to be assessed for 22 such services than is permitted under any Federal 23 law or regulation relating to confinement facility 24 communications services. 25 ‘‘(7) DEFINITIONS.—In this subsection: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ON SITE COMMISSIONS.—A 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01220 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1221 1 ‘‘(A) ANCILLARY 2 term ‘ancillary service charge’ means any 3 charge a consumer may be assessed for the set- 4 ting up or use of a confinement facility commu- 5 nications service that is not included in the per- 6 minute charges assessed for individual commu- 7 nications. 8 ‘‘(B) AUTOMATED PAYMENT FEE.—The 9 term ‘automated payment fee’ means a credit 10 card payment, debit card payment, or bill proc- 11 essing fee, including a fee for a payment made 12 by means of interactive voice response, the 13 internet, or a kiosk. 14 ‘‘(C) COLLECT CALLING.—The term ‘col- 15 lect calling’ means an arrangement whereby a 16 credit-qualified party agrees to pay for charges 17 associated with a communication made to such 18 party using confinement facility communica- 19 tions services and originating from within a 20 confinement facility. 21 ‘‘(D) CONFINEMENT 22 FACILITY.—The term ‘confinement facility’— 23 ‘‘(i) means a jail or a prison; and 24 ‘‘(ii) includes any juvenile, detention, 25 work release, or mental health facility that g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 SERVICE CHARGE.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01221 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1222 1 is used primarily to hold individuals who 2 are— 3 ‘‘(I) adjudication of 4 criminal charges or an immigration 5 matter; or 6 ‘‘(II) serving a sentence for a 7 criminal conviction. 8 ‘‘(E) CONFINEMENT 9 COMMU- FACILITY NICATIONS SERVICE.—The term ‘confinement 10 facility communications service’ means a service 11 that allows incarcerated persons to make elec- 12 tronic 13 interstate, or international and whether made 14 using video, audio, or any other communicative 15 method, including advanced communications 16 services) to individuals outside the confinement 17 facility, or to individuals inside the confinement 18 facility, where the incarcerated person is being 19 held, regardless of the technology used to de- 20 liver the service. communications (whether intrastate, 21 ‘‘(F) CONSUMER.—The term ‘consumer’ 22 means the party paying a provider of confine- 23 ment facility communications services. 24 ‘‘(G) DEBIT 25 12:13 May 12, 2020 CALLING.—The term ‘debit calling’ means a presubscription or comparable g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 awaiting Jkt 000000 (763351 3) PO 00000 Frm 01222 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1223 1 service which allows an incarcerated person, or 2 someone acting on an incarcerated person’s be- 3 half, to fund an account set up through a pro- 4 vider that can be used to pay for confinement 5 facility communications services originated by 6 the incarcerated person. 7 ‘‘(H) FEE SINGLE-CALL AND RE- 8 LATED SERVICES.—The 9 and related services’ means a billing arrange- 10 ment whereby communications made by an in- 11 carcerated person using collect calling are billed 12 through a third party on a per-communication 13 basis, where the recipient does not have an ac- 14 count with the provider of confinement facility 15 communications services. 16 term ‘fee for single-call ‘‘(I) INCARCERATED PERSON.—The term 17 ‘incarcerated person’ means a person detained 18 at a confinement facility, regardless of the du- 19 ration of the detention. 20 ‘‘(J) JAIL.—The term ‘jail’— 21 ‘‘(i) means a facility of a law enforce- 22 ment agency of the Federal Government or 23 of a State or political subdivision of a 24 State that is used primarily to hold indi- 25 viduals who are— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01223 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1224 1 ‘‘(I) 2 adjudication of criminal charges; 3 ‘‘(II) post-conviction and com- 4 mitted to confinement for sentences of 5 one year or less; or 6 ‘‘(III) post-conviction and await- 7 ing transfer to another facility; and 8 ‘‘(ii) includes— 9 ‘‘(I) city, county, or regional fa- 10 cilities that have contracted with a 11 private company to manage day-to- 12 day operations; 13 ‘‘(II) privately-owned and oper- 14 ated facilities primarily engaged in 15 housing city, county, or regional in- 16 carcerated persons; and 17 ‘‘(III) facilities used to detain in- 18 dividuals pursuant to a contract with 19 U.S. Immigration and Customs En- 20 forcement. 21 ‘‘(K) LIVE AGENT FEE.—The term ‘live 22 agent fee’ means a fee associated with the op- 23 tional use of a live operator to complete a con- 24 finement facility communications service trans- 25 action. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 awaiting 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01224 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1225 1 2 The term ‘paper bill or statement fee’ means a 3 fee associated with providing a consumer an op- 4 tional paper billing statement. 5 ‘‘(M) PER-COMMUNICATION OR PER-CON- 6 NECTION CHARGE.—The 7 tion or per-connection charge’ means a one-time 8 fee charged to a consumer at the initiation of 9 a communication. 10 ‘‘(N) PREPAID term ‘per-communica- CALLING.—The term ‘pre- 11 paid calling’ means a calling arrangement that 12 allows a consumer to pay in advance for a spec- 13 ified amount of confinement facility commu- 14 nications services. 15 ‘‘(O) PRISON.—The term ‘prison’— 16 ‘‘(i) means a facility operated by a 17 State or Federal agency that is used pri- 18 marily to confine individuals convicted of 19 felonies and sentenced to terms in excess 20 of one year; and 21 ‘‘(ii) includes— 22 ‘‘(I) public and private facilities 23 that provide outsource housing to 24 State or Federal agencies such as g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BILL OR STATEMENT FEE.— ‘‘(L) PAPER 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01225 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1226 1 State Departments of Correction and 2 the Federal Bureau of Prisons; and 3 ‘‘(II) facilities that would other- 4 wise be jails but in which the majority 5 of incarcerated persons are post-con- 6 viction or are committed to confine- 7 ment for sentences of longer than one 8 year. 9 ‘‘(P) PROVIDER 10 ITY 11 ‘provider of confinement facility communica- 12 tions services’ means any communications serv- 13 ice provider that provides confinement facility 14 communications services, regardless of the tech- 15 nology used. 16 COMMUNICATIONS ‘‘(Q) SITE SERVICES.—The COMMISSION.—The term term ‘site 17 commission’ means any monetary payment, in- 18 kind payment, gift, exchange of services or 19 goods, fee, technology allowance, or product 20 that a provider of confinement facility commu- 21 nications services or an affiliate of a provider of 22 confinement facility communications services 23 may pay, give, donate, or otherwise provide 24 to— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF CONFINEMENT FACIL- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01226 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1227 1 ‘‘(i) an entity that operates a confine- 2 ment facility; 3 ‘‘(ii) an entity with which the provider 4 of confinement facility communications 5 services enters into an agreement to pro- 6 vide confinement facility communications 7 services; 8 ‘‘(iii) a governmental agency that 9 oversees a confinement facility; 10 ‘‘(iv) the State or political subdivision 11 of a State where a confinement facility is 12 located; or 13 ‘‘(v) an agent or other representative 14 of an entity described in any of clauses (i) 15 through (iv). 16 ‘‘(R) THIRD-PARTY TRANS- 17 ACTION FEE.—The 18 transaction fee’ means the exact fee, with no 19 markup, that a provider of confinement facility 20 communications services is charged by a third 21 party to transfer money or process a financial 22 transaction to facilitate the ability of a con- 23 sumer to make an account payment via a third 24 party. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FINANCIAL 12:13 May 12, 2020 Jkt 000000 term ‘third-party financial (763351 3) PO 00000 Frm 01227 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1228 1 ‘‘(S) VOICE 2 term ‘voice service’— 3 ‘‘(i) means any service that is inter- 4 connected with the public switched tele- 5 phone network and that furnishes voice 6 communications to an end user using re- 7 sources from the North American Num- 8 bering Plan or any successor to the North 9 American Numbering Plan adopted by the 10 Commission under section 251(e)(1); and 11 ‘‘(ii) includes— 12 ‘‘(I) transmissions from a tele- 13 phone facsimile machine, computer, or 14 other device to a telephone facsimile 15 machine; and 16 ‘‘(II) without limitation, any 17 service that enables real-time, two-way 18 voice communications, including any 19 service that requires internet protocol- 20 compatible customer premises equip- 21 ment (commonly known as ‘CPE’) 22 and permits out-bound calling, wheth- 23 er or not the service is one-way or 24 two-way voice over internet protocol.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 SERVICE.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01228 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1229 1 (b) CONFORMING AMENDMENT.—Section 276(d) of 2 the Communications Act of 1934 (47 U.S.C. 276(d)) is 3 amended by striking ‘‘inmate telephone service in correc4 tional institutions’’ and inserting ‘‘confinement facility 5 communications services (as defined in subsection 6 (e)(7))’’. 7 (c) EXISTING CONTRACTS.— 8 (1) IN the case of a contract 9 that was entered into and under which a provider of 10 confinement facility communications services was 11 providing such services at a confinement facility on 12 or before the date of the enactment of this Act— 13 (A) paragraphs (1) through (5) of sub- 14 section (e) of section 276 of the Communica- 15 tions Act of 1934, as added by subsection (a) 16 of this section, shall apply to the provision of 17 confinement facility communications services by 18 such provider at such facility beginning on the 19 earlier of— 20 (i) the date that is 60 days after such 21 date of enactment; or 22 (ii) the date of the termination of the 23 contract; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01229 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1230 1 (B) the terms of such contract may not be 2 extended after such date of enactment, whether 3 by exercise of an option or otherwise. 4 (2) DEFINITIONS.—In this subsection, the 5 terms ‘‘confinement facility’’, ‘‘confinement facility 6 communications service’’, and ‘‘provider of confine- 7 ment facility communications services’’ have the 8 meanings given such terms in paragraph (7) of sub- 9 section (e) of section 276 of the Communications 10 Act of 1934, as added by subsection (a) of this sec- 11 tion. 12 SEC. 130703. AUTHORITY. 13 Section 2(b) of the Communications Act of 1934 (47 14 U.S.C. 152(b)) is amended by inserting ‘‘section 276,’’ 15 after ‘‘227, inclusive,’’. 18 TITLE VIII—HEALTHCARE BROADBAND EXPANSION DURING COVID–19 19 SEC. 130801. EXPANSION OF RURAL HEALTH CARE PRO- 16 17 20 21 GRAM OF FCC IN RESPONSE TO COVID–19. (a) PROMULGATION OF REGULATIONS REQUIRED.— 22 Not later than 7 days after the date of the enactment of 23 this Act, the Commission shall promulgate regulations 24 modifying the requirements in subpart G of part 54 of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01230 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1231 1 title 47, Code of Federal Regulations, in the following 2 manner: 3 (1) A health care provider not located in a rural 4 area shall be treated as a rural health care provider 5 for the purposes of the Healthcare Connect Fund 6 Program. 7 (2) The discount rate for an eligible expense 8 through the Healthcare Connect Fund Program (as 9 described in section 54.611(a) of title 47, Code of 10 Federal Regulations, or any successor regulation) 11 shall be increased to 85 percent in funding years 12 2019, 2020, and 2021 for eligible equipment pur- 13 chased or eligible services rendered in such funding 14 years (including for eligible equipment, upfront pay- 15 ments, and multi-year commitments without limita- 16 tion). 17 (3) A temporary, mobile, or satellite health care 18 delivery site shall be treated as a health care pro- 19 vider or an eligible site of a health care provider for 20 purposes of determining eligibility for the Healthcare 21 Connect Fund Program or the Telecommunications 22 Program. 23 (4) The waiver of the application window speci- 24 fied in section 54.621(a) of title 47, Code of Federal g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01231 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1232 1 Regulations (or any successor regulation), for fund- 2 ing year 2019. 3 (5) The adoption and implementation of a roll- 4 ing application process to allow a health care pro- 5 vider to apply for funding. 6 7 (6) The following changes to certain bidding requirements: 8 (A) A waiver of any requirement under 9 section 54.622 of title 47, Code of Federal Reg- 10 ulations (or any successor regulation), for a 11 health care provider upgrading an existing sup- 12 ported service at a particular location, effective 13 as of the date of declaration of the public health 14 emergency pursuant to section 319 of the Pub- 15 lic Health Service Act (42 U.S.C. 247d) as a 16 result of confirmed cases of COVID–19, if the 17 health care provider maintains the same eligible 18 service provider to provide the upgraded service 19 at such location. 20 (B) Reduction of the 28-day waiting period 21 described in section 54.622(g) of title 47, Code 22 of Federal Regulations (or any successor regu- 23 lation), to a 14-day waiting period. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01232 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1233 1 (C) Modification of the requirements in 2 section 54.622 of title 47, Code of Federal Reg- 3 ulations (or any successor regulation), to— 4 (i) provide that bid evaluation criteria 5 may give additional consideration to the 6 speed with which an eligible service pro- 7 vider can initiate service; and 8 (ii) encourage applicants to consider 9 bids from different providers to provide 10 service to different locations of such appli- 11 cants, if considering bids in this manner 12 would expedite the overall timeline for ini- 13 tiating or expanding service to individual 14 locations. 15 (7) Issuance of a decision on each application 16 for funding not later than 60 days after the date on 17 which the application is filed. 18 (8) Release of funding not later than 30 days 19 after the date on which an invoice is submitted with 20 respect to an application that is approved, applicable 21 services have been provided, and required invoices 22 have been submitted as required under program 23 rules. 24 (b) ADDITIONAL CHANGES TO RURAL HEALTH CARE 25 PROGRAM.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01233 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1234 1 (1) RELEASE 2 FUNDING REQUESTS.— 3 (A) IN GENERAL.—The Commission shall 4 ensure the release of funding for all requests 5 (outstanding as of the date of the enactment of 6 this Act) under the Rural Health Care Program 7 not later than 60 days after the date of the en- 8 actment of this Act, except that for outstanding 9 funding requests that are subject to a review of 10 the applicable urban and rural rates, the Com- 11 mission shall ensure the release of interim fund- 12 ing not later than 60 days after the date of the 13 enactment of this Act, disbursed at 65 percent 14 of the funding request, subject to a true-up fol- 15 lowing the completion of such review. 16 (B) LIMITATION.—This paragraph shall 17 not apply to any party or successor-in-interest 18 to any party to which the Commission, during 19 the period beginning on the date that is 1 year 20 before the date of the enactment of this Act 21 and ending on January 31, 2020, has issued a 22 Letter of Inquiry, Notice of Apparent Liability, 23 or Forfeiture Order relating to the party’s par- 24 ticipation in the Rural Health Care Program, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF FUNDING FOR OUTSTANDING 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01234 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1235 1 pursuant to section 503(b) of the Communica- 2 tions Act of 1934 (47 U.S.C. 503(b)). 3 (C) REQUIRED REPAYMENT.—In the case 4 of an eligible service provider that receives 5 funding through the Rural Health Care Pro- 6 gram pursuant to this paragraph to which such 7 provider is not entitled, the Commission shall 8 require such provider to repay such funds. 9 (2) DELAY 10 OF IMPLEMENTATION SCHEDULE.— The Commission shall— 11 (A) delay by one year the implementation 12 of sections 54.604 and 54.605 of title 47, Code 13 of Federal Regulations (or any successor regu- 14 lation), as adopted in the Report and Order in 15 the matter of Promoting Telehealth in Rural 16 America (FCC 19–78) that was adopted by the 17 Commission on August 1, 2019; and 18 (B) delay application of the new definition 19 of ‘‘similar services’’ as described in paragraphs 20 14 to 20 of such Report and Order until the 21 implementation of such sections. 22 (c) EFFECTIVE DATE OF REGULATIONS.—The regu- 23 lations required under subsection (a) shall take effect on 24 the date on which such regulations are promulgated. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01235 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1236 1 (d) TERMINATION OF REGULATIONS.—Except to the 2 extent that the Commission determines that some or all 3 of the regulations promulgated under subsection (a) 4 should remain in effect (excluding any regulation promul5 gated under paragraph (1) of such subsection), such regu6 lations shall terminate on the later of— 7 (1) the earlier of— 8 (A) the date that is 60 days after the ter- 9 mination of the declaration, or any renewal 10 thereof, of the public health emergency pursu- 11 ant to section 319 of the Public Health Service 12 Act (42 U.S.C. 247d) as a result of confirmed 13 cases of COVID–19; and 14 (B) the date of the expiration of the appro- 15 priation in subsection (f)(2); and 16 (2) the date that is 9 months after the date of 17 the enactment of this Act. 18 (e) EXEMPTIONS.— 19 (1) NOTICE 20 QUIREMENTS.—Subsections 21 tion 553 of title 5, United States Code, shall not 22 apply to a regulation promulgated under subsection 23 (a) or a rulemaking to promulgate such a regulation. 24 25 (2) PAPERWORK MENTS.—A g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AND COMMENT RULEMAKING RE- 12:13 May 12, 2020 Jkt 000000 (b), (c), and (d) of sec- REDUCTION ACT REQUIRE- collection of information conducted or (763351 3) PO 00000 Frm 01236 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1237 1 sponsored under the regulations required by sub- 2 section (a), or under section 254 of the Communica- 3 tions Act of 1934 (47 U.S.C. 254) in connection 4 with universal service support provided under such 5 regulations, shall not constitute a collection of infor- 6 mation for the purposes of subchapter I of chapter 7 35 of title 44, United States Code (commonly re- 8 ferred to as the Paperwork Reduction Act). 9 (f) EMERGENCY RURAL HEALTH CARE 10 CONNECTIVITY FUND.— 11 (1) ESTABLISHMENT.—There is established in 12 the Treasury of the United States a fund to be 13 known as the Emergency Rural Health Care 14 Connectivity Fund. 15 (2) AUTHORIZATION APPROPRIATIONS.— 16 There is authorized to be appropriated to the Emer- 17 gency 18 $2,000,000,000 for fiscal year 2020, to remain 19 available through fiscal year 2022. 20 Rural (3) USE Health Care Connectivity OF FUNDS.—Amounts Fund in the Emer- 21 gency Rural Health Care Connectivity Fund shall be 22 available to the Commission to carry out the Rural 23 Health Care Program, as modified by the regula- 24 tions promulgated under subsection (a). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01237 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1238 1 (4) RELATIONSHIP UNIVERSAL SERVICE 2 CONTRIBUTIONS.—Support 3 lations required by paragraphs (1) through (3) of 4 subsection (a) shall be provided from amounts made 5 available under paragraph (3) of this subsection and 6 not from contributions under section 254(d) of the 7 Communications Act of 1934 (47 U.S.C. 254(d)). 8 Such support shall be in addition to, and not in re- 9 placement of, funds authorized by the Commission 10 for the Rural Health Care Program as of the date 11 of the enactment of this Act from contributions 12 under section 254(d) of the Communications Act of 13 1934 (47 U.S.C. 254(d)). 14 (g) DEFINITIONS.—In this section: 15 16 provided under the regu- (1) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission. 17 (2) ELIGIBLE EQUIPMENT.—The term ‘‘eligible 18 equipment’’ means the equipment described in sec- 19 tion 54.613 of title 47, Code of Federal Regulations 20 (or any successor regulation). 21 (3) ELIGIBLE SERVICE PROVIDER.—The term 22 ‘‘eligible service provider’’ means a provider de- 23 scribed in section 54.608 of title 47, Code of Federal 24 Regulations (or any successor regulation). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01238 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1239 1 (4) FUNDING term ‘‘funding year’’ 2 has the meaning given such term in section 3 54.600(a) of title 47, Code of Federal Regulations 4 (or any successor regulation). 5 (5) HEALTH PROVIDER.—The CARE term 6 ‘‘health care provider’’ has the meaning given such 7 term in section 54.600(b) of title 47, Code of Fed- 8 eral Regulations (or any successor regulation). 9 (6) HEALTHCARE CONNECT FUND PROGRAM.— 10 The term ‘‘Healthcare Connect Fund Program’’ has 11 the meaning given such term in section 54.602(b) of 12 title 47, Code of Federal Regulations (or any suc- 13 cessor regulation). 14 (7) MULTI-YEAR COMMITMENTS.—The term 15 ‘‘multi-year commitments’’ means the commitments 16 described in section 54.620(c) of title 47, Code of 17 Federal Regulations (or any successor regulation). 18 (8) RURAL AREA.—The term ‘‘rural area’’ has 19 the meaning given such term in section 54.600(e) of 20 title 47, Code of Federal Regulations (or any suc- 21 cessor regulation). 22 (9) RURAL HEALTH CARE PROGRAM.—The 23 term ‘‘Rural Health Care Program’’ means the pro- 24 gram described in subpart G of part 54 of title 47, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 YEAR.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01239 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1240 1 Code of Federal Regulations (or any successor regu- 2 lation). 3 (10) RURAL 4 term ‘‘rural health care provider’’ has the meaning 5 given such term in section 54.600(f) of title 47, 6 Code of Federal Regulations (or any successor regu- 7 lation). 8 (11) TELECOMMUNICATIONS PROGRAM.—The 9 term ‘‘Telecommunications Program’’ has the mean- 10 ing given such term in section 54.602(a) of title 47, 11 Code of Federal Regulations (or any successor regu- 12 lation). 13 (12) UPFRONT PAYMENTS.—The term ‘‘upfront 14 payments’’ means the payments described in section 15 54.616 of title 47, Code of Federal Regulations (or 16 any successor regulation). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 HEALTH CARE PROVIDER.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01240 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1241 3 DIVISION N—GIVING RETIREMENT OPTIONS TO WORKERS ACT 4 SEC. 140001. SHORT TITLE. 1 2 5 This division may be cited as the ‘‘Giving Retirement 6 Options to Workers Act of 2020’’ or the ‘‘GROW Act’’. 7 SEC. 140002. COMPOSITE PLANS. 8 (a) AMENDMENT TO THE EMPLOYEE RETIREMENT 9 INCOME SECURITY ACT OF 1974.— 10 (1) IN GENERAL.—Title I of the Employee Re- 11 tirement Income Security Act of 1974 (29 U.S.C. 12 1001 et seq.) is amended by adding at the end the 13 following: 14 ‘‘PART 8—COMPOSITE PLANS AND LEGACY 15 PLANS 16 ‘‘SEC. 801. COMPOSITE PLAN DEFINED. 17 ‘‘(a) IN GENERAL.—For purposes of this Act, the 18 term ‘composite plan’ means a pension plan— 19 ‘‘(1) which is a multiemployer plan that is nei- 20 ther a defined benefit plan nor a defined contribu- 21 tion plan; 22 ‘‘(2) the terms of which provide that the plan 23 is a composite plan for purposes of this title with re- 24 spect to which not more than one multiemployer de- 25 fined benefit plan is treated as a legacy plan within g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01241 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1242 1 the meaning of section 805, unless there is more 2 than one legacy plan following a merger of composite 3 plans under section 806; 4 5 ‘‘(3) which provides systematically for the payment of benefits— 6 ‘‘(A) objectively calculated pursuant to a 7 formula enumerated in the plan document with 8 respect to plan participants after retirement, 9 for life; and 10 ‘‘(B) in the form of life annuities, except 11 for benefits which under section 203(e) may be 12 immediately distributed without the consent of 13 the participant; 14 ‘‘(4) for which the plan contributions for the 15 first plan year are at least 120 percent of the nor- 16 mal cost for the plan year; 17 ‘‘(5) which requires— 18 ‘‘(A) an annual valuation of the liability of 19 the plan as of a date within the plan year to 20 which the valuation refers or within one month 21 prior to the beginning of such year; 22 ‘‘(B) an annual actuarial determination of 23 the plan’s current funded ratio and projected 24 funded ratio under section 802(a); g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01242 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1243 1 ‘‘(C) corrective action through a realign- 2 ment program pursuant to section 803 when- 3 ever the plan’s projected funded ratio is below 4 120 percent for the plan year; and 5 ‘‘(D) an annual notification to each partici- 6 pant describing the participant’s benefits under 7 the plan and explaining that such benefits may 8 be subject to reduction under a realignment 9 program pursuant to section 803 based on the 10 plan’s funded status in future plan years; and 11 ‘‘(6) the board of trustees of which includes at 12 least one retiree or beneficiary in pay status during 13 each plan year following the first plan year in which 14 at least 5 percent of the participants in the plan are 15 retirees or beneficiaries in pay status. 16 ‘‘(b) TRANSITION FROM 17 FINED BENEFIT PLAN.— 18 ‘‘(1) IN GENERAL.—The plan sponsor of a de- 19 fined benefit plan that is a multiemployer plan may, 20 subject to paragraph (2), amend the plan to incor- 21 porate the features of a composite plan as a compo- 22 nent of the multiemployer plan separate from the 23 defined benefit plan component, except in the case of 24 a defined benefit plan for which the plan actuary has 25 certified under section 305(b)(3) that the plan is or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MULTIEMPLOYER DE- A 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01243 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1244 1 will be in critical status for the plan year in which 2 such amendment would become effective or for any 3 of the succeeding 5 plan years. 4 ‘‘(2) REQUIREMENTS.—Any amendment pursu- 5 ant to paragraph (1) to incorporate the features of 6 a composite plan as a component of a multiemployer 7 plan shall— 8 ‘‘(A) apply with respect to all collective 9 bargaining agreements providing for contribu- 10 tions to the multiemployer plan on or after the 11 effective date of the amendment; 12 ‘‘(B) apply with respect to all participants 13 in the multiemployer plan for whom contribu- 14 tions are made to the multiemployer plan on or 15 after the effective date of the amendment; 16 ‘‘(C) specify that the effective date of the 17 amendment is— 18 ‘‘(i) the first day of a specified plan 19 year following the date of the adoption of 20 the amendment, except that the plan spon- 21 sor may alternatively provide for a sepa- 22 rate effective date with respect to each col- 23 lective bargaining agreement under which 24 contributions to the multiemployer plan 25 are required, which shall occur on the first g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01244 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1245 1 day of the first plan year beginning after 2 the termination, or if earlier, the re-open- 3 ing, of each such agreement, or such ear- 4 lier date as the parties to the agreement 5 and the plan sponsor of the multiemployer 6 plan shall agree to; and 7 ‘‘(ii) not later than the first day of the 8 fifth plan year beginning on or after the 9 date of the adoption of the amendment; 10 ‘‘(D) specify that, as of the amendment’s 11 effective date, no further benefits shall accrue 12 under the defined benefit component of the 13 multiemployer plan; and 14 ‘‘(E) specify that, as of the amendment’s 15 effective date, the plan sponsor of the multiem- 16 ployer plan shall be the plan sponsor of both 17 the composite plan component and the defined 18 benefit plan component of the plan. 19 ‘‘(3) SPECIAL 20 a multiemployer plan is amended pursuant to paragraph (1)— 21 ‘‘(A) the requirements of this title and title 22 IV shall be applied to the composite plan com- 23 ponent and the defined benefit plan component 24 of the multiemployer plan as if each such com- 25 ponent were maintained as a separate plan; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RULES.—If 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01245 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1246 1 ‘‘(B) the assets of the composite plan com- 2 ponent and the defined benefit plan component 3 of the plan shall be held in a single trust form- 4 ing part of the plan under which the trust in- 5 strument expressly provides— 6 ‘‘(i) for separate accounts (and appro- 7 priate records) to be maintained to reflect 8 the interest which each of the plan compo- 9 nents has in the trust, including separate 10 accounting for additions to the trust for 11 the benefit of each plan component, dis- 12 bursements made from each plan compo- 13 nent’s account in the trust, investment ex- 14 perience of the trust allocable to that ac- 15 count, and administrative expenses (wheth- 16 er direct expenses or shared expenses allo- 17 cated proportionally), and permits, but 18 does not require, the pooling of some or all 19 of the assets of the two plan components 20 for investment purposes; and 21 ‘‘(ii) that the assets of each of the two 22 plan components shall be held, invested, 23 reinvested, managed, administered and dis- 24 tributed for the exclusive benefit of the 25 participants and beneficiaries of each such g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01246 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1247 1 plan component, and in no event shall the 2 assets of one of the plan components be 3 available to pay benefits due under the 4 other plan component. 5 ‘‘(4) NOT 6 standing section 4041A, an amendment pursuant to 7 paragraph (1) to incorporate the features of a com- 8 posite plan as a component of a multiemployer plan 9 does not constitute termination of the multiemployer 10 plan. 11 ‘‘(5) NOTICE TO THE SECRETARY.— 12 ‘‘(A) NOTICE.—The plan sponsor of a 13 composite plan shall provide notice to the Sec- 14 retary of the intent to establish the composite 15 plan (or, in the case of a composite plan incor- 16 porated as a component of a multiemployer 17 plan as described in paragraph (1), the intent 18 to amend the multiemployer plan to incorporate 19 such composite plan) at least 30 days prior to 20 the effective date of such establishment or 21 amendment. 22 ‘‘(B) CERTIFICATION.—In the case of a 23 composite plan incorporated as a component of 24 a multiemployer plan as described in paragraph 25 (1), such notice shall include a certification by g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 A TERMINATION EVENT.—Notwith- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01247 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1248 1 the plan actuary under section 305(b)(3) that 2 the effective date of the amendment occurs in 3 a plan year for which the multiemployer plan is 4 not in critical status for that plan year and any 5 of the succeeding 5 plan years. 6 ‘‘(6) REFERENCES 7 PONENT.—As 8 plan’ includes a composite plan component added to 9 a defined benefit plan pursuant to paragraph (1). 10 used in this part, the term ‘composite ‘‘(7) RULE OF CONSTRUCTION.—Paragraph 11 (2)(A) shall not be construed as preventing the plan 12 sponsor of a multiemployer plan from adopting an 13 amendment pursuant to paragraph (1) because some 14 collective bargaining agreements are amended to 15 cease any covered employer’s obligation to contribute 16 to the multiemployer plan before or after the plan 17 amendment is effective. Paragraph (2)(B) shall not 18 be construed as preventing the plan sponsor of a 19 multiemployer plan from adopting an amendment 20 pursuant to paragraph (1) because some partici- 21 pants cease to have contributions made to the multi- 22 employer plan on their behalf before or after the 23 plan amendment is effective. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO COMPOSITE PLAN COM- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01248 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1249 1 ‘‘(c) COORDINATION WITH FUNDING RULES.—Ex- 2 cept as otherwise provided in this title, sections 302, 304, 3 and 305 shall not apply to a composite plan. 4 ‘‘(d) TREATMENT OF A COMPOSITE PLAN.—For pur- 5 poses of this Act (other than sections 302 and 4245), a 6 composite plan shall be treated as if it were a defined ben7 efit plan unless a different treatment is provided for under 8 applicable law. 9 ‘‘SEC. 802. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS. 10 ‘‘(a) CERTIFICATION OF FUNDED RATIOS.— 11 ‘‘(1) IN later than the one- 12 hundred twentieth day of each plan year of a com- 13 posite plan, the plan actuary of the composite plan 14 shall certify to the Secretary, the Secretary of the 15 Treasury, and the plan sponsor the plan’s current 16 funded ratio and projected funded ratio for the plan 17 year. 18 ‘‘(2) DETERMINATION OF CURRENT FUNDED 19 RATIO AND PROJECTED FUNDED RATIO.—For 20 poses of this section: 21 ‘‘(A) CURRENT FUNDED RATIO.—The pur- cur- 22 rent funded ratio is the ratio (expressed as a 23 percentage) of— 24 ‘‘(i) the value of the plan’s assets as 25 of the first day of the plan year; to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01249 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1250 1 ‘‘(ii) the plan actuary’s best estimate 2 of the present value of the plan liabilities 3 as of the first day of the plan year. 4 ‘‘(B) PROJECTED FUNDED RATIO.—The 5 projected funded ratio is the current funded 6 ratio projected to the first day of the fifteenth 7 plan year following the plan year for which the 8 determination is being made. 9 ‘‘(3) CONSIDERATION OF CONTRIBUTION RATE 10 INCREASES.—For 11 subsection, the plan sponsor may anticipate con- 12 tribution rate increases beyond the term of the cur- 13 rent collective bargaining agreement and any agreed- 14 to supplements, up to a maximum of 2.5 percent per 15 year, compounded annually, unless it would be un- 16 reasonable under the circumstances to assume that 17 contributions would increase by that amount. 18 ‘‘(b) ACTUARIAL ASSUMPTIONS purposes of projections under this AND METHODS.— 19 For purposes of this part: 20 ‘‘(1) IN costs, liabilities, rates 21 of interest and other factors under the plan shall be 22 determined for a plan year on the basis of actuarial 23 assumptions and methods— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—All 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01250 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1251 1 ‘‘(A) each of which is reasonable (taking 2 into account the experience of the plan and rea- 3 sonable expectations); 4 ‘‘(B) which, in combination, offer the actu- 5 ary’s best estimate of anticipated experience 6 under the plan; and 7 ‘‘(C) with respect to which any change 8 from the actuarial assumptions and methods 9 used in the previous plan year shall be certified 10 by the plan actuary and the actuarial rationale 11 for such change provided in the annual report 12 required by section 103. 13 ‘‘(2) FAIR 14 value of the plan’s assets shall be taken into account 15 on the basis of their fair market value. 16 ‘‘(3) DETERMINATION OF NORMAL COST AND 17 PLAN LIABILITIES.—A 18 ities shall be based on the most recent actuarial 19 valuation required under section 801(a)(5)(A) and 20 the unit credit funding method. plan’s normal cost and liabil- 21 ‘‘(4) TIME 22 DEEMED MADE.—Any 23 made by an employer after the last day of such plan 24 year, but not later than two and one-half months 25 after such day, shall be deemed to have been made g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MARKET VALUE OF ASSETS.—The 12:13 May 12, 2020 Jkt 000000 WHEN CERTAIN CONTRIBUTIONS contributions for a plan year (763351 3) PO 00000 Frm 01251 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1252 1 on such last day. For purposes of this paragraph, 2 such two and one-half month period may be ex- 3 tended for not more than six months under regula- 4 tions prescribed by the Secretary of the Treasury. 5 ‘‘(5) ADDITIONAL 6 Except where otherwise provided in this part, the 7 provisions of section 305(b)(3)(B) shall apply to any 8 determination or projection under this part. 9 ‘‘SEC. 803. REALIGNMENT PROGRAM. 10 ‘‘(a) REALIGNMENT PROGRAM.— 11 ‘‘(1) ADOPTION.—In any case in which the plan 12 actuary certifies under section 802(a) that the plan’s 13 projected funded ratio is below 120 percent for the 14 plan year, the plan sponsor shall adopt a realign- 15 ment program under paragraph (2) not later than 16 210 days after the due date of the certification re- 17 quired under such section 802(a). The plan sponsor 18 shall adopt an updated realignment program for 19 each succeeding plan year for which a certification 20 described in the preceding sentence is made. 21 ‘‘(2) CONTENT 22 ‘‘(A) IN OF REALIGNMENT PROGRAM.— GENERAL.—A realignment pro- 23 gram adopted under this paragraph is a written 24 program which consists of all reasonable meas- 25 ures, including options or a range of options to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ACTUARIAL ASSUMPTIONS.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01252 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1253 1 be undertaken by the plan sponsor or proposed 2 to the bargaining parties, formulated, based on 3 reasonably anticipated experience and reason- 4 able actuarial assumptions, to enable the plan 5 to achieve a projected funded ratio of at least 6 120 percent for the following plan year. 7 ‘‘(B) INITIAL 8 sonable measures under a realignment program 9 described in subparagraph (A) may include any 10 of the following: 11 ‘‘(i) Proposed contribution increases. 12 ‘‘(ii) A reduction in the rate of future 13 benefit accruals, so long as the resulting 14 rate is not less than 1 percent of the con- 15 tributions on which benefits are based as 16 of the start of the plan year (or the equiva- 17 lent standard accrual rate as described in 18 section 305(e)(6)). 19 ‘‘(iii) A modification or elimination of 20 adjustable benefits of participants that are 21 not in pay status before the date of the no- 22 tice required under subsection (b)(1). 23 ‘‘(iv) Any other lawfully available 24 measures not specifically described in this 25 subparagraph or subparagraph (C) or (D) g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PROGRAM ELEMENTS.—Rea- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01253 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1254 1 that the plan sponsor determines are rea- 2 sonable. 3 ‘‘(C) ADDITIONAL 4 If the plan sponsor has determined that all rea- 5 sonable measures available under subparagraph 6 (B) will not enable the plan to achieve a pro- 7 jected funded ratio of at least 120 percent for 8 the following plan year, such reasonable meas- 9 ures may also include— 10 ‘‘(i) a reduction of accrued benefits 11 that are not in pay status by the date of 12 the 13 (b)(1); or notice required under subsection 14 ‘‘(ii) a reduction of any benefits of 15 participants that are in pay status before 16 the date of the notice required under sub- 17 section (b)(1) other than core benefits as 18 defined in paragraph (4). 19 ‘‘(D) ADDITIONAL REDUCTIONS.—In the 20 case of a composite plan for which the plan 21 sponsor has determined that all reasonable 22 measures available under subparagraphs (B) 23 and (C) will not enable the plan to achieve a 24 projected funded ratio of at least 120 percent g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PROGRAM ELEMENTS.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01254 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1255 1 for the following plan year, such reasonable 2 measures may also include— 3 ‘‘(i) a further reduction in the rate of 4 future benefit accruals without regard to 5 the limitation applicable under subpara- 6 graph (B)(ii); or 7 ‘‘(ii) a reduction of core benefits; 8 provided that such reductions shall be equitably 9 distributed across the participant and bene- 10 ficiary population, taking into account factors, 11 with respect to participants and beneficiaries 12 and their benefits, that may include one or 13 more of the factors listed in subclauses (I) 14 through (X) of section 305(e)(9)(D)(vi), to the 15 extent necessary to enable the plan to achieve 16 a projected funded ratio of at least 120 percent 17 for the following plan year, or at the election of 18 the plan sponsor, a projected funded ratio of at 19 least 100 percent for the following plan year 20 and a current funded ratio of at least 90 per- 21 cent. 22 ‘‘(3) ADJUSTABLE DEFINED.—For 23 purposes of this part, the term ‘adjustable benefit’ 24 means— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BENEFIT 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01255 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1256 1 ‘‘(A) benefits, rights, and features under 2 the plan, including post-retirement death bene- 3 fits, 60-month guarantees, disability benefits 4 not yet in pay status, and similar benefits; 5 ‘‘(B) any early retirement benefit or retire- 6 ment-type subsidy (within the meaning of sec- 7 tion 204(g)(2)(A)) and any benefit payment op- 8 tion (other than the qualified joint and survivor 9 annuity); and 10 ‘‘(C) benefit increases that were adopted 11 (or, if later, took effect) less than 60 months 12 before the first day such realignment program 13 took effect. 14 ‘‘(4) CORE purposes 15 of this part, the term ‘core benefit’ means a partici- 16 pant’s accrued benefit payable in the normal form of 17 an annuity commencing at normal retirement age, 18 determined without regard to— 19 ‘‘(A) any early retirement benefits, retire- 20 ment-type subsidies, or other benefits, rights, or 21 features that may be associated with that ben- 22 efit; and 23 ‘‘(B) any cost-of-living adjustments or ben- 24 efit increases effective after the date of retire- 25 ment. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BENEFIT DEFINED.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01256 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1257 1 2 ‘‘(5) COORDINATION CREASES.— 3 ‘‘(A) IN GENERAL.—A realignment pro- 4 gram may provide that some or all of the ben- 5 efit modifications described in the program will 6 only take effect if the bargaining parties fail to 7 agree to specified levels of increases in contribu- 8 tions to the plan, effective as of specified dates. 9 ‘‘(B) INDEPENDENT BENEFIT MODIFICA- 10 TIONS.—If 11 changes to the benefit formula that are inde- 12 pendent of potential contribution increases, 13 such changes shall take effect not later than 14 180 days after the first day of the first plan 15 year that begins following the adoption of the 16 realignment program. 17 a realignment program adopts any ‘‘(C) CONDITIONAL BENEFIT MODIFICA- 18 TIONS.—If 19 changes to the benefit formula that take effect 20 only if the bargaining parties fail to agree to 21 contribution increases, such changes shall take 22 effect not later than the first day of the first 23 plan year beginning after the third anniversary 24 of the date of adoption of the realignment pro- 25 gram. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 WITH CONTRIBUTION IN- 12:13 May 12, 2020 Jkt 000000 a realignment program adopts any (763351 3) PO 00000 Frm 01257 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1258 1 ‘‘(D) REVOCATION 2 MODIFICATIONS.—Benefit 3 scribed in subparagraph (C) may be revoked, in 4 whole or in part, and retroactively or prospec- 5 tively, when contributions to the plan are in- 6 creased, as specified in the realignment pro- 7 gram, including any amendments thereto. The 8 preceding sentence shall not apply unless the 9 contribution increases are to be effective not 10 later than the fifth anniversary of the first day 11 of the first plan year that begins after the 12 adoption of the realignment program. 13 modifications de- ‘‘(b) NOTICE.— 14 ‘‘(1) IN GENERAL.—In any case in which it is 15 certified under section 802(a) that the projected 16 funded ratio is less than 120 percent, the plan spon- 17 sor shall, not later than 30 days after the date of 18 the certification, provide notification of the current 19 and projected funded ratios to the participants and 20 beneficiaries, the bargaining parties, and the Sec- 21 retary. Such notice shall include— 22 ‘‘(A) an explanation that contribution rate 23 increases or benefit reductions may be nec- 24 essary; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF CERTAIN BENEFIT 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01258 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1259 1 ‘‘(B) a description of the types of benefits 2 that might be reduced; and 3 ‘‘(C) an estimate of the contribution in- 4 creases and benefit reductions that may be nec- 5 essary to achieve a projected funded ratio of 6 120 percent. 7 ‘‘(2) NOTICE 8 ‘‘(A) IN GENERAL.—No modifications may 9 be made that reduce the rate of future benefit 10 accrual or that reduce core benefits or adjust- 11 able benefits unless notice of such reduction has 12 been given at least 180 days before the general 13 effective date of such reduction for all partici- 14 pants and beneficiaries to— 15 ‘‘(i) 16 ficiaries; plan participants and bene- 17 ‘‘(ii) each employer who has an obliga- 18 tion to contribute to the composite plan; 19 and 20 ‘‘(iii) each employee organization 21 which, for purposes of collective bar- 22 gaining, represents plan participants em- 23 ployed by such employers. 24 ‘‘(B) CONTENT 25 12:13 May 12, 2020 OF NOTICE.—The notice under subparagraph (A) shall contain— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF BENEFIT MODIFICATIONS.— Jkt 000000 (763351 3) PO 00000 Frm 01259 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1260 1 ‘‘(i) sufficient information to enable 2 participants and beneficiaries to under- 3 stand the effect of any reduction on their 4 benefits, including an illustration of any 5 affected benefit or subsidy, on an annual 6 or monthly basis that a participant or ben- 7 eficiary would otherwise have been eligible 8 for as of the general effective date de- 9 scribed in subparagraph (A); and 10 ‘‘(ii) information as to the rights and 11 remedies of plan participants and bene- 12 ficiaries as well as how to contact the De- 13 partment of Labor for further information 14 and assistance, where appropriate. 15 ‘‘(C) FORM 16 notice under subparagraph (A)— 17 ‘‘(i) shall be provided in a form and 18 manner prescribed in regulations of the 19 Secretary of Labor; 20 ‘‘(ii) shall be written in a manner so 21 as to be understood by the average plan 22 participant. 23 ‘‘(3) MODEL NOTICES.—The Secretary shall— 24 ‘‘(A) prescribe model notices that the plan 25 sponsor of a composite plan may use to satisfy g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MANNER.—Any AND 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01260 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1261 1 the notice requirements under this subsection; 2 and 3 ‘‘(B) by regulation enumerate any details 4 related to the elements listed in paragraph (1) 5 that any notice under this subsection must in- 6 clude. 7 ‘‘(4) DELIVERY METHOD.—Any notice under 8 this part shall be provided in writing and may also 9 be provided in electronic form to the extent that the 10 form is reasonably accessible to persons to whom the 11 notice is provided. 12 ‘‘SEC. 804. LIMITATION ON INCREASING BENEFITS. 13 ‘‘(a) LEVEL OF CURRENT FUNDED RATIOS.—Except 14 as provided in subsections (c), (d), and (e), no plan 15 amendment increasing benefits or establishing new bene16 fits under a composite plan may be adopted for a plan 17 year unless— 18 ‘‘(1) the plan’s current funded ratio is at least 19 110 percent (without regard to the benefit increase 20 or new benefits); 21 ‘‘(2) taking the benefit increase or new benefits 22 into account, the current funded ratio is at least 100 23 percent and the projected funded ratio for the cur- 24 rent plan year is at least 120 percent; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01261 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1262 1 ‘‘(3) in any case in which, after taking the ben- 2 efit increase or new benefits into account, the cur- 3 rent funded ratio is less than 140 percent and the 4 projected funded ratio is less than 140 percent, the 5 benefit increase or new benefits are projected by the 6 plan actuary to increase the present value of the 7 plan’s liabilities for the plan year by not more than 8 3 percent; and 9 ‘‘(4) expected contributions for the current plan 10 year are at least 120 percent of normal cost for the 11 plan year, determined using the unit credit funding 12 method and treating the benefit increase or new ben- 13 efits as in effect for the entire plan year. 14 ‘‘(b) ADDITIONAL REQUIREMENTS WHERE CORE 15 BENEFITS REDUCED.—If a plan has been amended to re16 duce core benefits pursuant to a realignment program 17 under section 803(a)(2)(D), such plan may not be subse18 quently amended to increase core benefits unless the 19 amendment— 20 21 ‘‘(1) increases the level of future benefit payments only; and 22 ‘‘(2) provides for an equitable distribution of 23 benefit increases across the participant and bene- 24 ficiary population, taking into account the extent to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01262 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1263 1 which the benefits of participants were previously re- 2 duced pursuant to such realignment program. 3 ‘‘(c) EXCEPTION TO COMPLY WITH APPLICABLE 4 LAW.—Subsection (a) shall not apply in connection with 5 a plan amendment if the amendment is required as a con6 dition of qualification under part I of subchapter D of 7 chapter 1 of the Internal Revenue Code of 1986 or to com8 ply with other applicable law. 9 ‘‘(d) EXCEPTION WHERE MAXIMUM DEDUCTIBLE 10 LIMIT APPLIES.—Subsection (a) shall not apply in con11 nection with a plan amendment if and to the extent that 12 contributions to the composite plan would not be deduct13 ible for the plan year under section 404(a)(1)(E) of the 14 Internal Revenue Code of 1986 if the plan amendment is 15 not adopted. 16 17 ‘‘(e) EXCEPTION TIONS.—Subsection FOR CERTAIN BENEFIT MODIFICA- (a) shall not apply in connection with 18 a plan amendment under section 803(a)(5)(C), regarding 19 conditional benefit modifications. 20 ‘‘(f) TREATMENT OF PLAN AMENDMENTS.—For pur- 21 poses of this section— 22 ‘‘(1) if two or more plan amendments increas- 23 ing benefits or establishing new benefits are adopted 24 in a plan year, such amendments shall be treated as g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01263 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1264 1 a single amendment adopted on the last day of the 2 plan year; 3 ‘‘(2) all benefit increases and new benefits 4 adopted in a single amendment are treated as a sin- 5 gle benefit increase, irrespective of whether the in- 6 creases and new benefits take effect in more than 7 one plan year; and 8 ‘‘(3) increases in contributions or decreases in 9 plan liabilities which are scheduled to take effect in 10 future plan years may be taken into account in con- 11 nection with a plan amendment if they have been 12 agreed to in writing or otherwise formalized by the 13 date the plan amendment is adopted. 14 ‘‘SEC. 805. COMPOSITE PLAN RESTRICTIONS TO PRESERVE 15 LEGACY PLAN FUNDING. 16 ‘‘(a) TREATMENT AS A LEGACY PLAN.— 17 ‘‘(1) IN purposes of this part 18 and parts 2 and 3, a defined benefit plan shall be 19 treated as a legacy plan with respect to the com- 20 posite plan under which the employees who were eli- 21 gible to accrue a benefit under the defined benefit 22 plan become eligible to accrue a benefit under such 23 composite plan. 24 25 ‘‘(2) COMPONENT 12:13 May 12, 2020 PLANS.—In any case in which a defined benefit plan is amended to add a g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—For Jkt 000000 (763351 3) PO 00000 Frm 01264 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1265 1 composite plan component pursuant to section 2 801(b), paragraph (1) shall be applied by sub- 3 stituting ‘defined benefit component’ for ‘defined 4 benefit plan’ and ‘composite plan component’ for 5 ‘composite plan’. 6 ‘‘(3) ELIGIBLE TO ACCRUE A BENEFIT.—For 7 purposes of paragraph (1), an employee is consid- 8 ered eligible to accrue a benefit under a composite 9 plan as of the first day in which the employee com- 10 pletes an hour of service under a collective bar- 11 gaining agreement that provides for contributions to 12 and accruals under the composite plan in lieu of ac- 13 cruals under the legacy plan. 14 ‘‘(4) COLLECTIVE BARGAINING AGREEMENT.— 15 As used in this part, the term ‘collective bargaining 16 agreement’ includes any agreement under which an 17 employer has an obligation to contribute to a plan. 18 ‘‘(5) OTHER TERMS.—Any term used in this 19 part which is not defined in this part and which is 20 also used in section 305 shall have the same mean- 21 ing provided such term in such section. 22 ‘‘(b) RESTRICTIONS ON ACCEPTANCE BY COMPOSITE 23 PLAN OF AGREEMENTS AND CONTRIBUTIONS.— 24 25 ‘‘(1) IN 12:13 May 12, 2020 plan sponsor of a com- posite plan shall not accept or recognize a collective g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The Jkt 000000 (763351 3) PO 00000 Frm 01265 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1266 1 bargaining agreement (or any modification to such 2 agreement), and no contributions may be accepted 3 and no benefits may be accrued or otherwise earned 4 under the agreement— 5 ‘‘(A) in any case in which the plan actuary 6 of any defined benefit plan that would be treat- 7 ed as a legacy plan with respect to such com- 8 posite 9 305(b)(3) that such defined benefit plan is or 10 will be in critical status for the plan year in 11 which such agreement would take effect or for 12 any of the succeeding 5 plan years; and has certified under section 13 ‘‘(B) unless the agreement requires each 14 employer who is a party to such agreement, in- 15 cluding employers whose employees are not par- 16 ticipants in the legacy plan, to provide contribu- 17 tions to the legacy plan with respect to such 18 composite plan in a manner that satisfies the 19 transition contribution requirements of sub- 20 section (d). 21 ‘‘(2) NOTICE.—Not later than 30 days after a 22 determination by a plan sponsor of a composite plan 23 that an agreement fails to satisfy the requirements 24 described in paragraph (1), the plan sponsor shall g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 plan 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01266 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1267 1 provide notification of such failure and the reasons 2 for such determination— 3 ‘‘(A) to the parties to the agreement; 4 ‘‘(B) to active participants of the com- 5 posite plan who have ceased to accrue or other- 6 wise earn benefits with respect to service with 7 an employer pursuant to paragraph (1); and 8 ‘‘(C) to the Secretary, the Secretary of the 9 Treasury, and the Pension Benefit Guaranty 10 Corporation. 11 ‘‘(3) LIMITATION ON RETROACTIVE EFFECT.— 12 This subsection shall not apply to benefits accrued 13 before the date on which notice is provided under 14 paragraph (2). 15 ‘‘(c) RESTRICTION ON ACCRUAL OF BENEFITS 16 UNDER A COMPOSITE PLAN.— 17 ‘‘(1) IN any case in which an 18 employer, under a collective bargaining agreement 19 entered into after the date of enactment of the Giv- 20 ing Retirement Options to Workers Act of 2020, 21 ceases to have an obligation to contribute to a multi- 22 employer defined benefit plan, no employees em- 23 ployed by the employer may accrue or otherwise earn 24 benefits under any composite plan, with respect to 25 service with that employer, for a 60-month period g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01267 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1268 1 beginning on the date on which the employer entered 2 into such collective bargaining agreement. 3 ‘‘(2) NOTICE 4 Within 30 days of determining that an employer has 5 ceased to have an obligation to contribute to a leg- 6 acy plan with respect to employees employed by an 7 employer that is or will be contributing to a com- 8 posite plan with respect to service of such employees, 9 the plan sponsor of the legacy plan shall notify the 10 plan sponsor of the composite plan of that cessation. 11 ‘‘(3) NOTICE OF CESSATION OF ACCRUALS.— 12 Not later than 30 days after determining that an 13 employer has ceased to have an obligation to con- 14 tribute to a legacy plan, the plan sponsor of the 15 composite plan shall notify the bargaining parties, 16 the active participants affected by the cessation of 17 accruals, the Secretary, the Secretary of the Treas- 18 ury, and the Pension Benefit Guaranty Corporation 19 of the cessation of accruals, the period during which 20 such cessation is in effect, and the reasons therefor. 21 ‘‘(4) LIMITATION ON RETROACTIVE EFFECT.— 22 This subsection shall not apply to benefits accrued 23 before the date on which notice is provided under 24 paragraph (3). 25 ‘‘(d) TRANSITION CONTRIBUTION REQUIREMENTS.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF CESSATION OF OBLIGATION.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01268 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1269 1 collective bargaining 2 agreement satisfies the transition contribution re- 3 quirements of this subsection if the agreement— 4 ‘‘(A) authorizes payment of contributions 5 to a legacy plan at a rate or rates equal to or 6 greater than the transition contribution rate es- 7 tablished by the legacy plan under paragraph 8 (2); and 9 ‘‘(B) does not provide for— 10 ‘‘(i) a suspension of contributions to 11 the legacy plan with respect to any period 12 of service; or 13 ‘‘(ii) any new direct or indirect exclu- 14 sion of younger or newly hired employees 15 of the employer from being taken into ac- 16 count in determining contributions owed to 17 the legacy plan. 18 ‘‘(2) TRANSITION 19 ‘‘(A) IN CONTRIBUTION RATE.— GENERAL.—The transition con- 20 tribution rate for a plan year is the contribution 21 rate that, as certified by the actuary of the leg- 22 acy plan in accordance with the principles in 23 section 305(b)(3)(B), is reasonably expected to 24 be adequate— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—A ‘‘(1) IN 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01269 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1270 1 ‘‘(i) to fund the normal cost for the 2 plan year; 3 ‘‘(ii) to amortize the plan’s unfunded 4 liabilities in level annual installments over 5 25 years, beginning with the plan year in 6 which the transition contribution rate is 7 first established; and 8 ‘‘(iii) to amortize any subsequent 9 changes in the legacy plan’s unfunded li- 10 ability due to experience gains or losses 11 (including investment gains or losses, gains 12 or losses due to contributions greater or 13 less than the contributions made under the 14 prior transition contribution rate, and 15 other actuarial gains or losses), changes in 16 actuarial assumptions, changes to the leg- 17 acy plan’s benefits, or changes in funding 18 method over a period of 15 plan years be- 19 ginning with the plan year in which such 20 change in unfunded liability is incurred. 21 The transition contribution rate for any plan 22 year may not be less than the transition con- 23 tribution rate for the plan year in which such 24 rate is first established. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01270 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1271 1 ‘‘(B) MULTIPLE different rates 2 of contribution are payable to the legacy plan 3 by different employers or for different classes of 4 employees, the certification shall specify a tran- 5 sition contribution rate for each such employer. 6 ‘‘(C) RATE 7 APPLICABLE TO EMPLOYER.— ‘‘(i) IN GENERAL.—Except as pro- 8 vided by clause (ii), the transition con- 9 tribution rate applicable to an employer for 10 a plan year is the rate in effect for the 11 plan year of the legacy plan that com- 12 mences on or after 180 days before the 13 earlier of— 14 ‘‘(I) the effective date of the col- 15 lective bargaining agreement pursuant 16 to which the employer contributes to 17 the legacy plan; or 18 ‘‘(II) 5 years after the last plan 19 year for which the transition contribu- 20 tion rate applicable to the employer 21 was established or updated. 22 ‘‘(ii) EXCEPTION.—The transition 23 contribution rate applicable to an employer 24 for the first plan year beginning on or 25 after the commencement of the employer’s g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RATES.—If 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01271 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1272 1 obligation to contribute to the composite 2 plan is the rate in effect for the plan year 3 of the legacy plan that commences on or 4 after 180 days before such first plan year. 5 ‘‘(D) EFFECT 6 CIRCUMSTANCES.—If 7 legacy plan has certified under section 305 that 8 the plan is in endangered or critical status for 9 a plan year, the transition contribution rate for 10 the following plan year is the rate determined 11 with respect to the employer under the legacy 12 plan’s funding improvement or rehabilitation 13 plan under section 305, if greater than the rate 14 otherwise determined, but in no event greater 15 than 75 percent of the sum of the contribution 16 rates applicable to the legacy plan and the com- 17 posite plan for the plan year. 18 ‘‘(E) OTHER the plan actuary of the ACTUARIAL ASSUMPTIONS 19 AND METHODS.—Except 20 paragraph (A), the determination of the transi- 21 tion contribution rate for a plan year shall be 22 based on actuarial assumptions and methods 23 consistent with the minimum funding deter- 24 minations made under section 304 (or, if appli- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF LEGACY PLAN FINANCIAL 12:13 May 12, 2020 Jkt 000000 as provided in sub- (763351 3) PO 00000 Frm 01272 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1273 1 cable, section 305) with respect to the legacy 2 plan for the plan year. 3 ‘‘(F) ADJUSTMENTS plan 4 sponsor of a legacy plan from time to time may 5 adjust the transition contribution rate or rates 6 applicable to an employer under this paragraph 7 by increasing some rates and decreasing others 8 if the actuary certifies that such adjusted rates 9 in combination will produce projected contribu- 10 tion income for the plan year beginning on or 11 after the date of certification that is not less 12 than would be produced by the transition con- 13 tribution rates in effect at the time of the cer- 14 tification. 15 ‘‘(G) NOTICE OF TRANSITION CONTRIBU- 16 TION RATE.—The 17 shall provide notice to the parties to collective 18 bargaining agreements pursuant to which con- 19 tributions are made to the legacy plan of 20 changes to the transition contribution rate re- 21 quirements at least 30 days before the begin- 22 ning of the plan year for which the rate is effec- 23 tive. 24 ‘‘(H) NOTICE 25 SOR.—Not g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 IN RATE.—The 12:13 May 12, 2020 Jkt 000000 plan sponsor of a legacy plan TO COMPOSITE PLAN SPON- later than 30 days after a deter- (763351 3) PO 00000 Frm 01273 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1274 1 mination by the plan sponsor of a legacy plan 2 that a collective bargaining agreement provides 3 for a rate of contributions that is below the 4 transition contribution rate applicable to one or 5 more employers that are parties to the collective 6 bargaining agreement, the plan sponsor of the 7 legacy plan shall notify the plan sponsor of any 8 composite plan under which employees of such 9 employer would otherwise be eligible to accrue 10 a benefit. 11 ‘‘(3) CORRECTION to 12 standards prescribed by the Secretary, the plan 13 sponsor of a composite plan shall adopt rules and 14 procedures that give the parties to the collective bar- 15 gaining agreement notice of the failure of such 16 agreement to satisfy the transition contribution re- 17 quirements of this subsection, and a reasonable op- 18 portunity to correct such failure, not to exceed 180 19 days from the date of notice given under subsection 20 (b)(2). 21 ‘‘(4) SUPPLEMENTAL CONTRIBUTIONS.—A col- 22 lective bargaining agreement may provide for supple- 23 mental contributions to the legacy plan for a plan 24 year in excess of the transition contribution rate de- 25 termined under paragraph (2), regardless of whether g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PROCEDURES.—Pursuant 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01274 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1275 1 the legacy plan is in endangered or critical status for 2 such plan year. 3 ‘‘(e) NONAPPLICATION 4 COMPOSITE PLAN RE- STRICTIONS.— 5 ‘‘(1) IN GENERAL.—The provisions of sub- 6 sections (a), (b), and (c) shall not apply with respect 7 to a collective bargaining agreement, to the extent 8 the agreement, or a predecessor agreement, provides 9 or provided for contributions to a defined benefit 10 plan that is a legacy plan, as of the first day of the 11 first plan year following a plan year for which the 12 plan actuary certifies that the plan is fully funded, 13 has been fully funded for at least three out of the 14 immediately preceding 5 plan years, and is projected 15 to remain fully funded for at least the following 4 16 plan years. 17 ‘‘(2) DETERMINATION OF FULLY FUNDED.—A 18 plan is fully funded for purposes of paragraph (1) 19 if, as of the valuation date of the plan for a plan 20 year, the value of the plan’s assets equals or exceeds 21 the present value of the plan’s liabilities, determined 22 in accordance with the rules prescribed by the Pen- 23 sion Benefit Guaranty Corporation under sections 24 4219(c)(1)(D) and 4281 for multiemployer plans 25 terminating by mass withdrawal, as in effect for the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01275 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1276 1 date of the determination, except the plan’s reason- 2 able assumption regarding the starting date of bene- 3 fits may be used. 4 ‘‘(3) OTHER APPLICABLE RULES.—Except as 5 provided in paragraph (2), actuarial determinations 6 and projections under this section shall be based on 7 the rules in section 305(b)(3) and section 802(b). 8 ‘‘SEC. 806. MERGERS AND ASSET TRANSFERS OF COM- 9 10 POSITE PLANS. ‘‘(a) IN GENERAL.—Assets and liabilities of a com- 11 posite plan may only be merged with, or transferred to, 12 another plan if— 13 ‘‘(1) the other plan is a composite plan; 14 ‘‘(2) the plan or plans resulting from the merg- 15 er or transfer is a composite plan; 16 ‘‘(3) no participant’s accrued benefit or adjust- 17 able benefit is lower immediately after the trans- 18 action than it was immediately before the trans- 19 action; and 20 ‘‘(4) the value of the assets transferred in the 21 case of a transfer reasonably reflects the value of the 22 amounts contributed with respect to the participants 23 whose benefits are being transferred, adjusted for al- 24 locable distributions, investment gains and losses, 25 and administrative expenses. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01276 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1277 1 ‘‘(b) LEGACY PLAN.— 2 ‘‘(1) IN a merger or transfer 3 involving a composite plan, the legacy plan with re- 4 spect to an employer that is obligated to contribute 5 to the resulting composite plan is the legacy plan 6 that applied to that employer immediately before the 7 merger or transfer. 8 ‘‘(2) MULTIPLE LEGACY PLANS.—If an em- 9 ployer is obligated to contribute to more than one 10 legacy plan with respect to employees eligible to ac- 11 crue benefits under more than one composite plan 12 and there is a merger or transfer of such legacy 13 plans, the transition contribution rate applicable to 14 the legacy plan resulting from the merger or trans- 15 fer with respect to that employer shall be determined 16 in 17 805(d)(2)(B).’’. accordance with the 18 (2) PENALTIES.— 19 (A) CIVIL provisions of section ENFORCEMENT OF FAILURE TO 20 COMPLY WITH REALIGNMENT PROGRAM.—Sec- 21 tion 502(a) of such Act (29 U.S.C. 1132(a)) is 22 amended— 23 (i) in paragraph (10), by striking ‘‘or’’ 24 at the end; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—After 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01277 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1278 1 (ii) in paragraph (11), by striking the 2 period at the end and inserting ‘‘; or’’; and 3 (iii) by adding at the end the fol- 4 lowing: 5 ‘‘(12) in the case of a composite plan required 6 to adopt a realignment program under section 803, 7 if the plan sponsor— 8 ‘‘(A) has not adopted a realignment pro- 9 gram under that section by the deadline estab- 10 lished in such section; or 11 ‘‘(B) fails to update or comply with the 12 terms of the realignment program in accordance 13 with the requirements of such section, 14 by the Secretary, by an employer that has an obliga- 15 tion to contribute with respect to the composite plan, 16 or by an employee organization that represents ac- 17 tive participants in the composite plan, for an order 18 compelling the plan sponsor to adopt a realignment 19 program, or to update or comply with the terms of 20 the realignment program, in accordance with the re- 21 quirements of such section and the realignment pro- 22 gram.’’. 23 (B) CIVIL 24 12:13 May 12, 2020 502(c) of such Act (29 U.S.C. 1132(c)) is amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PENALTIES.—Section Jkt 000000 (763351 3) PO 00000 Frm 01278 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1279 1 (i) by moving paragraphs (8), (10), 2 and (12) each 2 ems to the left; 3 (ii) by redesignating paragraphs (9) 4 through (12) as paragraphs (12) through 5 (15), respectively; and 6 (iii) by inserting after paragraph (8) 7 the following: 8 ‘‘(9) The Secretary may assess against any plan 9 sponsor of a composite plan a civil penalty of not 10 more than $1,100 per day for each violation by such 11 sponsor— 12 ‘‘(A) of the requirement under section 13 802(a) on the plan actuary to certify the plan’s 14 current or projected funded ratio by the date 15 specified in such subsection; or 16 ‘‘(B) of the requirement under section 803 17 to adopt a realignment program by the deadline 18 established in that section and to comply with 19 its terms. 20 ‘‘(10)(A) The Secretary may assess against any 21 plan sponsor of a composite plan a civil penalty of 22 not more than $100 per day for each violation by 23 such sponsor of the requirement under section 24 803(b) to provide notice as described in such section, 25 except that no penalty may be assessed in any case g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01279 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1280 1 in which the plan sponsor exercised reasonable dili- 2 gence to meet the requirements of such section 3 and— 4 ‘‘(i) the plan sponsor did not know that the 5 violation existed; or 6 ‘‘(ii) the plan sponsor provided such notice 7 during the 30-day period beginning on the first 8 date on which the plan sponsor knew, or in ex- 9 ercising reasonable due diligence should have 10 known, that such violation existed. 11 ‘‘(B) In any case in which the plan sponsor ex- 12 ercised reasonable diligence to meet the require- 13 ments of section 803(b)— 14 ‘‘(i) the total penalty assessed under this 15 paragraph against such sponsor for a plan year 16 may not exceed $500,000; and 17 ‘‘(ii) the Secretary may waive part or all of 18 such penalty to the extent that the payment of 19 such penalty would be excessive or otherwise in- 20 equitable relative to the violation involved. 21 ‘‘(11) The Secretary may assess against any 22 plan sponsor of a composite plan a civil penalty of 23 not more than $100 per day for each violation by 24 such sponsor of the notice requirements under sec- 25 tions 801(b)(5) and 805(b)(2).’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01280 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1281 1 (3) CONFORMING AMENDMENT.—The table of 2 contents in section 1 of such Act (29 U.S.C. 1001 3 note) is amended by inserting after the item relating 4 to section 734 the following: ‘‘PART 8—COMPOSITE PLANS ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. 5 6 801. 802. 803. 804. 805. 806. LEGACY PLANS Composite plan defined. Funded ratios; actuarial assumptions. Realignment program. Limitation on increasing benefits. Composite plan restrictions to preserve legacy plan funding. Mergers and asset transfers of composite plans.’’. (b) AMENDMENT OF AND TO THE INTERNAL REVENUE CODE 1986.— 7 (1) IN GENERAL.—Part III of subchapter D of 8 chapter 1 of the Internal Revenue Code of 1986 is 9 amended by adding at the end the following: 10 ‘‘Subpart C—Composite Plans and Legacy Plans ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. 11 437. Composite plan defined. 438. Funded ratios; actuarial assumptions. 439. Realignment program. 440. Limitation on increasing benefits. 440A. Composite plan restrictions to preserve legacy plan funding. 440B. Mergers and asset transfers of composite plans. ‘‘SEC. 437. COMPOSITE PLAN DEFINED. 12 ‘‘(a) IN GENERAL.—For purposes of this title, the 13 term ‘composite plan’ means a pension plan— 14 ‘‘(1) which is a multiemployer plan that is nei- 15 ther a defined benefit plan nor a defined contribu- 16 tion plan, 17 ‘‘(2) the terms of which provide that the plan 18 is a composite plan for purposes of this title with re- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01281 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1282 1 spect to which not more than one multiemployer de- 2 fined benefit plan is treated as a legacy plan within 3 the meaning of section 440A, unless there is more 4 than one legacy plan following a merger of composite 5 plans under section 440B, 6 7 ‘‘(3) which provides systematically for the payment of benefits— 8 ‘‘(A) objectively calculated pursuant to a 9 formula enumerated in the plan document with 10 respect to plan participants after retirement, 11 for life, and 12 ‘‘(B) in the form of life annuities, except 13 for benefits which under section 411(a)(11) 14 may be immediately distributed without the 15 consent of the participant, 16 ‘‘(4) for which the plan contributions for the 17 first plan year are at least 120 percent of the nor- 18 mal cost for the plan year, 19 ‘‘(5) which requires— 20 ‘‘(A) an annual valuation of the liability of 21 the plan as of a date within the plan year to 22 which the valuation refers or within one month 23 prior to the beginning of such year, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01282 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1283 1 ‘‘(B) an annual actuarial determination of 2 the plan’s current funded ratio and projected 3 funded ratio under section 438(a), 4 ‘‘(C) corrective action through a realign- 5 ment program pursuant to section 439 when- 6 ever the plan’s projected funded ratio is below 7 120 percent for the plan year, and 8 ‘‘(D) an annual notification to each partici- 9 pant describing the participant’s benefits under 10 the plan and explaining that such benefits may 11 be subject to reduction under a realignment 12 program pursuant to section 439 based on the 13 plan’s funded status in future plan years, and 14 ‘‘(6) the board of trustees of which includes at 15 least one retiree or beneficiary in pay status during 16 each plan year following the first plan year in which 17 at least 5 percent of the participants in the plan are 18 retirees or beneficiaries in pay status. 19 ‘‘(b) TRANSITION FROM 20 FINED BENEFIT PLAN.— 21 ‘‘(1) IN GENERAL.—The plan sponsor of a de- 22 fined benefit plan that is a multiemployer plan may, 23 subject to paragraph (2), amend the plan to incor- 24 porate the features of a composite plan as a compo- 25 nent of the multiemployer plan separate from the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MULTIEMPLOYER DE- A 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01283 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1284 1 defined benefit plan component, except in the case of 2 a defined benefit plan for which the plan actuary has 3 certified under section 432(b)(3) that the plan is or 4 will be in critical status for the plan year in which 5 such amendment would become effective or for any 6 of the succeeding 5 plan years. 7 ‘‘(2) REQUIREMENTS.—Any amendment pursu- 8 ant to paragraph (1) to incorporate the features of 9 a composite plan as a component of a multiemployer 10 plan shall— 11 ‘‘(A) apply with respect to all collective 12 bargaining agreements providing for contribu- 13 tions to the multiemployer plan on or after the 14 effective date of the amendment, 15 ‘‘(B) apply with respect to all participants 16 in the multiemployer plan for whom contribu- 17 tions are made to the multiemployer plan on or 18 after the effective date of the amendment, 19 ‘‘(C) specify that the effective date of the 20 amendment is— 21 ‘‘(i) the first day of a specified plan 22 year following the date of the adoption of 23 the amendment, except that the plan spon- 24 sor may alternatively provide for a sepa- 25 rate effective date with respect to each col- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01284 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1285 1 lective bargaining agreement under which 2 contributions to the multiemployer plan 3 are required, which shall occur on the first 4 day of the first plan year beginning after 5 the termination, or if earlier, the re-open- 6 ing, of each such agreement, or such ear- 7 lier date as the parties to the agreement 8 and the plan sponsor of the multiemployer 9 plan shall agree to, and 10 ‘‘(ii) not later than the first day of the 11 fifth plan year beginning on or after the 12 date of the adoption of the amendment, 13 ‘‘(D) specify that, as of the amendment’s 14 effective date, no further benefits shall accrue 15 under the defined benefit component of the 16 multiemployer plan, and 17 ‘‘(E) specify that, as of the amendment’s 18 effective date, the plan sponsor of the multiem- 19 ployer plan shall be the plan sponsor of both 20 the composite plan component and the defined 21 benefit plan component of the plan. 22 ‘‘(3) SPECIAL 23 a multiemployer plan is amended pursuant to paragraph (1)— 24 ‘‘(A) the requirements of this title shall be 25 applied to the composite plan component and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RULES.—If 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01285 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1286 1 the defined benefit plan component of the mul- 2 tiemployer plan as if each such component were 3 maintained as a separate plan, and 4 ‘‘(B) the assets of the composite plan com- 5 ponent and the defined benefit plan component 6 of the plan shall be held in a single trust form- 7 ing part of the plan under which the trust in- 8 strument expressly provides— 9 ‘‘(i) for separate accounts (and appro- 10 priate records) to be maintained to reflect 11 the interest which each of the plan compo- 12 nents has in the trust, including separate 13 accounting for additions to the trust for 14 the benefit of each plan component, dis- 15 bursements made from each plan compo- 16 nent’s account in the trust, investment ex- 17 perience of the trust allocable to that ac- 18 count, and administrative expenses (wheth- 19 er direct expenses or shared expenses allo- 20 cated proportionally), and permits, but 21 does not require, the pooling of some or all 22 of the assets of the two plan components 23 for investment purposes, and 24 ‘‘(ii) that the assets of each of the two 25 plan components shall be held, invested, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01286 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1287 1 reinvested, managed, administered and dis- 2 tributed for the exclusive benefit of the 3 participants and beneficiaries of each such 4 plan component, and in no event shall the 5 assets of one of the plan components be 6 available to pay benefits due under the 7 other plan component. 8 ‘‘(4) NOT 9 standing section 4041A of the Employee Retirement 10 Income Security Act of 1974, an amendment pursu- 11 ant to paragraph (1) to incorporate the features of 12 a composite plan as a component of a multiemployer 13 plan does not constitute termination of the multiem- 14 ployer plan. 15 ‘‘(5) NOTICE TO THE SECRETARY.— 16 ‘‘(A) NOTICE.—The plan sponsor of a 17 composite plan shall provide notice to the Sec- 18 retary of the intent to establish the composite 19 plan (or, in the case of a composite plan incor- 20 porated as a component of a multiemployer 21 plan as described in paragraph (1), the intent 22 to amend the multiemployer plan to incorporate 23 such composite plan) at least 30 days prior to 24 the effective date of such establishment or 25 amendment. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 A TERMINATION EVENT.—Notwith- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01287 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1288 1 ‘‘(B) CERTIFICATION.—In the case of a 2 composite plan incorporated as a component of 3 a multiemployer plan as described in paragraph 4 (1), such notice shall include a certification by 5 the plan actuary under section 432(b)(3) that 6 the effective date of the amendment occurs in 7 a plan year for which the multiemployer plan is 8 not in critical status for that plan year and any 9 of the succeeding 5 plan years. 10 ‘‘(6) REFERENCES 11 PONENT.—As 12 posite plan’ includes a composite plan component 13 added to a defined benefit plan pursuant to para- 14 graph (1). 15 used in this subpart, the term ‘com- ‘‘(7) RULE OF CONSTRUCTION.—Paragraph 16 (2)(A) shall not be construed as preventing the plan 17 sponsor of a multiemployer plan from adopting an 18 amendment pursuant to paragraph (1) because some 19 collective bargaining agreements are amended to 20 cease any covered employer’s obligation to contribute 21 to the multiemployer plan before or after the plan 22 amendment is effective. Paragraph (2)(B) shall not 23 be construed as preventing the plan sponsor of a 24 multiemployer plan from adopting an amendment 25 pursuant to paragraph (1) because some partici- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO COMPOSITE PLAN COM- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01288 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1289 1 pants cease to have contributions made to the multi- 2 employer plan on their behalf before or after the 3 plan amendment is effective. 4 ‘‘(c) COORDINATION WITH FUNDING RULES.—Ex- 5 cept as otherwise provided in this title, sections 412, 431, 6 and 432 shall not apply to a composite plan. 7 ‘‘(d) TREATMENT OF A COMPOSITE PLAN.—For pur- 8 poses of this title (other than sections 412 and 418E), 9 a composite plan shall be treated as if it were a defined 10 benefit plan unless a different treatment is provided for 11 under applicable law. 12 ‘‘SEC. 438. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS. 13 ‘‘(a) CERTIFICATION OF FUNDED RATIOS.— 14 ‘‘(1) IN later than the one- 15 hundred twentieth day of each plan year of a com- 16 posite plan, the plan actuary of the composite plan 17 shall certify to the Secretary, the Secretary of 18 Labor, and the plan sponsor the plan’s current fund- 19 ed ratio and projected funded ratio for the plan 20 year. 21 ‘‘(2) DETERMINATION OF CURRENT FUNDED 22 RATIO AND PROJECTED FUNDED RATIO.—For 23 poses of this section— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Not 12:13 May 12, 2020 Jkt 000000 pur- (763351 3) PO 00000 Frm 01289 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1290 1 ‘‘(A) CURRENT FUNDED RATIO.—The cur- 2 rent funded ratio is the ratio (expressed as a 3 percentage) of— 4 ‘‘(i) the value of the plan’s assets as 5 of the first day of the plan year, to 6 ‘‘(ii) the plan actuary’s best estimate 7 of the present value of the plan liabilities 8 as of the first day of the plan year. 9 ‘‘(B) PROJECTED FUNDED RATIO.—The 10 projected funded ratio is the current funded 11 ratio projected to the first day of the fifteenth 12 plan year following the plan year for which the 13 determination is being made. 14 ‘‘(3) CONSIDERATION OF CONTRIBUTION RATE 15 INCREASES.—For 16 subsection, the plan sponsor may anticipate con- 17 tribution rate increases beyond the term of the cur- 18 rent collective bargaining agreement and any agreed- 19 to supplements, up to a maximum of 2.5 percent per 20 year, compounded annually, unless it would be un- 21 reasonable under the circumstances to assume that 22 contributions would increase by that amount. 23 ‘‘(b) ACTUARIAL ASSUMPTIONS purposes of projections under this AND METHODS.— 24 For purposes of this part— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01290 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1291 1 ‘‘(1) IN costs, liabilities, rates 2 of interest, and other factors under the plan shall be 3 determined for a plan year on the basis of actuarial 4 assumptions and methods— 5 ‘‘(A) each of which is reasonable (taking 6 into account the experience of the plan and rea- 7 sonable expectations), 8 ‘‘(B) which, in combination, offer the actu- 9 ary’s best estimate of anticipated experience 10 under the plan, and 11 ‘‘(C) with respect to which any change 12 from the actuarial assumptions and methods 13 used in the previous plan year shall be certified 14 by the plan actuary and the actuarial rationale 15 for such change provided in the annual report 16 required by section 6058. 17 ‘‘(2) FAIR MARKET VALUE OF ASSETS.—The 18 value of the plan’s assets shall be taken into account 19 on the basis of their fair market value. 20 ‘‘(3) DETERMINATION OF NORMAL COST AND 21 PLAN LIABILITIES.—A 22 ities shall be based on the most recent actuarial 23 valuation required under section 437(a)(5)(A) and 24 the unit credit funding method. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—All 12:13 May 12, 2020 Jkt 000000 plan’s normal cost and liabil- (763351 3) PO 00000 Frm 01291 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1292 1 ‘‘(4) TIME 2 DEEMED MADE.—Any 3 made by an employer after the last day of such plan 4 year, but not later than two and one-half months 5 after such day, shall be deemed to have been made 6 on such last day. For purposes of this paragraph, 7 such two and one-half month period may be ex- 8 tended for not more than six months under regula- 9 tions prescribed by the Secretary. 10 CERTAIN CONTRIBUTIONS contributions for a plan year ‘‘(5) ADDITIONAL ACTUARIAL ASSUMPTIONS.— 11 Except where otherwise provided in this subpart, the 12 provisions of section 432(b)(3)(B) shall apply to any 13 determination or projection under this subpart. 14 ‘‘SEC. 439. REALIGNMENT PROGRAM. 15 ‘‘(a) REALIGNMENT PROGRAM.— 16 ‘‘(1) ADOPTION.—In any case in which the plan 17 actuary certifies under section 438(a) that the plan’s 18 projected funded ratio is below 120 percent for the 19 plan year, the plan sponsor shall adopt a realign- 20 ment program under paragraph (2) not later than 21 210 days after the due date of the certification re- 22 quired under section 438(a). The plan sponsor shall 23 adopt an updated realignment program for each suc- 24 ceeding plan year for which a certification described 25 in the preceding sentence is made. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 WHEN 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01292 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1293 1 ‘‘(2) CONTENT 2 ‘‘(A) IN GENERAL.—A realignment pro- 3 gram adopted under this paragraph is a written 4 program which consists of all reasonable meas- 5 ures, including options or a range of options to 6 be undertaken by the plan sponsor or proposed 7 to the bargaining parties, formulated, based on 8 reasonably anticipated experience and reason- 9 able actuarial assumptions, to enable the plan 10 to achieve a projected funded ratio of at least 11 120 percent for the following plan year. 12 ‘‘(B) INITIAL PROGRAM ELEMENTS.—Rea- 13 sonable measures under a realignment program 14 described in subparagraph (A) may include any 15 of the following: 16 ‘‘(i) Proposed contribution increases. 17 ‘‘(ii) A reduction in the rate of future 18 benefit accruals, so long as the resulting 19 rate shall not be less than 1 percent of the 20 contributions on which benefits are based 21 as of the start of the plan year (or the 22 equivalent standard accrual rate as de- 23 scribed in section 432(e)(6)). 24 ‘‘(iii) A modification or elimination of 25 adjustable benefits of participants that are g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF REALIGNMENT PROGRAM.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01293 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1294 1 not in pay status before the date of the no- 2 tice required under subsection (b)(1). 3 ‘‘(iv) Any other legally available meas- 4 ures not specifically described in this sub- 5 paragraph or subparagraph (C) or (D) 6 that the plan sponsor determines are rea- 7 sonable. 8 ‘‘(C) ADDITIONAL 9 If the plan sponsor has determined that all rea- 10 sonable measures available under subparagraph 11 (B) will not enable the plan to achieve a pro- 12 jected funded ratio of at least 120 percent the 13 following plan year, such reasonable measures 14 may also include— 15 ‘‘(i) a reduction of accrued benefits 16 that are not in pay status by the date of 17 the 18 (b)(1), or notice required under subsection 19 ‘‘(ii) a reduction of any benefits of 20 participants that are in pay status before 21 the date of the notice required under sub- 22 section (b)(1) other than core benefits as 23 defined in paragraph (4). 24 ‘‘(D) ADDITIONAL 25 12:13 May 12, 2020 REDUCTIONS.—In the case of a composite plan for which the plan g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PROGRAM ELEMENTS.— Jkt 000000 (763351 3) PO 00000 Frm 01294 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1295 1 sponsor has determined that all reasonable 2 measures available under subparagraphs (B) 3 and (C) will not enable the plan to achieve a 4 projected funded ratio of at least 120 percent 5 for the following plan year, such reasonable 6 measures may also include— 7 ‘‘(i) a further reduction in the rate of 8 future benefit accruals without regard to 9 the limitation applicable under subpara- 10 graph (B)(ii), or 11 ‘‘(ii) a reduction of core benefits, 12 provided that such reductions shall be equitably 13 distributed across the participant and bene- 14 ficiary population, taking into account factors, 15 with respect to participants and beneficiaries 16 and their benefits, that may include one or 17 more of the factors listed in subclauses (I) 18 through (X) of section 432(e)(9)(D)(vi), to the 19 extent necessary to enable the plan to achieve 20 a projected funded ratio of at least 120 percent 21 for the following plan year, or at the election of 22 the plan sponsor, a projected funded ratio of at 23 least 100 percent for the following plan year 24 and a current funded ratio of at least 90 per- 25 cent. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01295 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1296 1 ‘‘(3) ADJUSTABLE DEFINED.—For 2 purposes of this subpart, the term ‘adjustable ben- 3 efit’ means— 4 ‘‘(A) benefits, rights, and features under 5 the plan, including post-retirement death bene- 6 fits, 60-month guarantees, disability benefits 7 not yet in pay status, and similar benefits, 8 ‘‘(B) any early retirement benefit or retire- 9 ment-type subsidy (within the meaning of sec- 10 tion 411(d)(6)(B)(i)) and any benefit payment 11 option (other than the qualified joint and sur- 12 vivor annuity), and 13 ‘‘(C) benefit increases that were adopted 14 (or, if later, took effect) less than 60 months 15 before the first day such realignment program 16 took effect. 17 ‘‘(4) CORE BENEFIT DEFINED.—For purposes 18 of this subpart, the term ‘core benefit’ means a par- 19 ticipant’s accrued benefit payable in the normal form 20 of an annuity commencing at normal retirement age, 21 determined without regard to— 22 ‘‘(A) any early retirement benefits, retire- 23 ment-type subsidies, or other benefits, rights, or 24 features that may be associated with that ben- 25 efit, and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BENEFIT 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01296 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1297 1 ‘‘(B) any cost-of-living adjustments or ben- 2 efit increases effective after the date of retire- 3 ment. 4 ‘‘(5) COORDINATION 5 CREASES.— 6 ‘‘(A) IN GENERAL.—A realignment pro- 7 gram may provide that some or all of the ben- 8 efit modifications described in the program will 9 only take effect if the bargaining parties fail to 10 agree to specified levels of increases in contribu- 11 tions to the plan, effective as of specified dates. 12 ‘‘(B) INDEPENDENT BENEFIT MODIFICA- 13 TIONS.—If 14 changes to the benefit formula that are inde- 15 pendent of potential contribution increases, 16 such changes shall take effect not later than 17 180 days following the first day of the first 18 plan year that begins following the adoption of 19 the realignment program. 20 ‘‘(C) CONDITIONAL a realignment program adopts any BENEFIT MODIFICA- 21 TIONS.—If 22 changes to the benefit formula that take effect 23 only if the bargaining parties fail to agree to 24 contribution increases, such changes shall take 25 effect not later than the first day of the first g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 WITH CONTRIBUTION IN- 12:13 May 12, 2020 Jkt 000000 a realignment program adopts any (763351 3) PO 00000 Frm 01297 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1298 1 plan year beginning after the third anniversary 2 of the date of adoption of the realignment pro- 3 gram. 4 ‘‘(D) REVOCATION 5 MODIFICATIONS.—Benefit 6 scribed in paragraph (3) may be revoked, in 7 whole or in part, and retroactively or prospec- 8 tively, when contributions to the plan are in- 9 creased, as specified in the realignment pro- 10 gram, including any amendments thereto. The 11 preceding sentence shall not apply unless the 12 contribution increases are to be effective not 13 later than the fifth anniversary of the first day 14 of the first plan year that begins after the 15 adoption of the realignment program. 16 modifications de- ‘‘(b) NOTICE.— 17 ‘‘(1) IN GENERAL.—In any case in which it is 18 certified under section 438(a) that the projected 19 funded ratio is less than 120 percent, the plan spon- 20 sor shall, not later than 30 days after the date of 21 the certification, provide notification of the current 22 and projected funded ratios to the participants and 23 beneficiaries, the bargaining parties, and the Sec- 24 retary. Such notice shall include— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF CERTAIN BENEFIT 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01298 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1299 1 ‘‘(A) an explanation that contribution rate 2 increases or benefit reductions may be nec- 3 essary, 4 ‘‘(B) a description of the types of benefits 5 that might be reduced, and 6 ‘‘(C) an estimate of the contribution in- 7 creases and benefit reductions that may be nec- 8 essary to achieve a projected funded ratio of 9 120 percent. 10 ‘‘(2) NOTICE 11 ‘‘(A) IN GENERAL.—No modifications may 12 be made that reduce the rate of future benefit 13 accrual or that reduce core benefits or adjust- 14 able benefits unless notice of such reduction has 15 been given at least 180 days before the general 16 effective date of such reduction for all partici- 17 pants and beneficiaries to— 18 ‘‘(i) 19 ficiaries, plan participants and bene- 20 ‘‘(ii) each employer who has an obliga- 21 tion to contribute to the composite plan, 22 and 23 ‘‘(iii) 24 12:13 May 12, 2020 each employee organization which, for purposes of collective bar- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF BENEFIT MODIFICATIONS.— Jkt 000000 (763351 3) PO 00000 Frm 01299 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1300 1 gaining, represents plan participants em- 2 ployed by such employers. 3 ‘‘(B) CONTENT 4 notice under subparagraph (A) shall contain— 5 ‘‘(i) sufficient information to enable 6 participants and beneficiaries to under- 7 stand the effect of any reduction on their 8 benefits, including an illustration of any 9 affected benefit or subsidy, on an annual 10 or monthly basis that a participant or ben- 11 eficiary would otherwise have been eligible 12 for as of the general effective date de- 13 scribed in subparagraph (A), and 14 ‘‘(ii) information as to the rights and 15 remedies of plan participants and bene- 16 ficiaries as well as how to contact the De- 17 partment of Labor for further information 18 and assistance, where appropriate. 19 ‘‘(C) FORM 20 MANNER.—Any AND notice under subparagraph (A)— 21 ‘‘(i) shall be provided in a form and 22 manner prescribed in regulations of the 23 Secretary of Labor, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF NOTICE.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01300 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1301 1 ‘‘(ii) shall be written in a manner so 2 as to be understood by the average plan 3 participant. 4 ‘‘(3) MODEL NOTICES.—The Secretary shall— 5 ‘‘(A) prescribe model notices that the plan 6 sponsor of a composite plan may use to satisfy 7 the notice requirements under this subsection, 8 and 9 ‘‘(B) by regulation enumerate any details 10 related to the elements listed in paragraph (1) 11 that any notice under this subsection must in- 12 clude. 13 ‘‘(4) DELIVERY METHOD.—Any notice under 14 this part shall be provided in writing and may also 15 be provided in electronic form to the extent that the 16 form is reasonably accessible to persons to whom the 17 notice is provided. 18 ‘‘SEC. 440. LIMITATION ON INCREASING BENEFITS. 19 ‘‘(a) LEVEL OF CURRENT FUNDED RATIOS.—Except 20 as provided in subsections (c), (d), and (e), no plan 21 amendment increasing benefits or establishing new bene22 fits under a composite plan may be adopted for a plan 23 year unless— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01301 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1302 1 ‘‘(1) the plan’s current funded ratio is at least 2 110 percent (without regard to the benefit increase 3 or new benefits), 4 ‘‘(2) taking the benefit increase or new benefits 5 into account, the current funded ratio is at least 100 6 percent and the projected funded ratio for the cur- 7 rent plan year is at least 120 percent, 8 ‘‘(3) in any case in which, after taking the ben- 9 efit increase or new benefits into account, the cur- 10 rent funded ratio is less than 140 percent or the 11 projected funded ratio is less than 140 percent, the 12 benefit increase or new benefits are projected by the 13 plan actuary to increase the present value of the 14 plan’s liabilities for the plan year by not more than 15 3 percent, and 16 ‘‘(4) expected contributions for the current plan 17 year are at least 120 percent of normal cost for the 18 plan year, determined using the unit credit funding 19 method and treating the benefit increase or new ben- 20 efits as in effect for the entire plan year. 21 ‘‘(b) ADDITIONAL REQUIREMENTS WHERE CORE 22 BENEFITS REDUCED.—If a plan has been amended to re23 duce core benefits pursuant to a realignment program 24 under section 439(a)(2)(D), such plan may not be subse- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01302 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1303 1 quently amended to increase core benefits unless the 2 amendment— 3 ‘‘(1) increases the level of future benefit pay- 4 ments only, and 5 ‘‘(2) provides for an equitable distribution of 6 benefit increases across the participant and bene- 7 ficiary population, taking into account the extent to 8 which the benefits of participants were previously re- 9 duced pursuant to such realignment program. 10 ‘‘(c) EXCEPTION TO COMPLY WITH APPLICABLE 11 LAW.—Subsection (a) shall not apply in connection with 12 a plan amendment if the amendment is required as a con13 dition of qualification under part I of subchapter D of 14 chapter 1 or to comply with other applicable law. 15 ‘‘(d) EXCEPTION WHERE MAXIMUM DEDUCTIBLE 16 LIMIT APPLIES.—Subsection (a) shall not apply in con17 nection with a plan amendment if and to the extent that 18 contributions to the composite plan would not be deduct19 ible for the plan year under section 404(a)(1)(E) if the 20 plan amendment is not adopted. The Secretary of the 21 Treasury shall issue regulations to implement this para22 graph. 23 24 ‘‘(e) EXCEPTION TIONS.—Subsection g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 FOR CERTAIN BENEFIT MODIFICA- (a) shall not apply in connection with (763351 3) PO 00000 Frm 01303 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1304 1 a plan amendment under section 439(a)(5)(C), regarding 2 conditional benefit modifications. 3 ‘‘(f) TREATMENT OF PLAN AMENDMENTS.—For pur- 4 poses of this section— 5 ‘‘(1) if two or more plan amendments increas- 6 ing benefits or establishing new benefits are adopted 7 in a plan year, such amendments shall be treated as 8 a single amendment adopted on the last day of the 9 plan year, 10 ‘‘(2) all benefit increases and new benefits 11 adopted in a single amendment are treated as a sin- 12 gle benefit increase, irrespective of whether the in- 13 creases and new benefits take effect in more than 14 one plan year, and 15 ‘‘(3) increases in contributions or decreases in 16 plan liabilities which are scheduled to take effect in 17 future plan years may be taken into account in con- 18 nection with a plan amendment if they have been 19 agreed to in writing or otherwise formalized by the 20 date the plan amendment is adopted. 21 ‘‘SEC. 440A. COMPOSITE PLAN RESTRICTIONS TO PRE- 22 SERVE LEGACY PLAN FUNDING. 23 ‘‘(a) TREATMENT AS A LEGACY PLAN.— 24 25 ‘‘(1) IN 12:13 May 12, 2020 purposes of this sub- chapter, a defined benefit plan shall be treated as a g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—For Jkt 000000 (763351 3) PO 00000 Frm 01304 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1305 1 legacy plan with respect to the composite plan under 2 which the employees who were eligible to accrue a 3 benefit under the defined benefit plan become eligi- 4 ble to accrue a benefit under such composite plan. 5 ‘‘(2) COMPONENT any case in 6 which a defined benefit plan is amended to add a 7 composite plan component pursuant to section 8 437(b), paragraph (1) shall be applied by sub- 9 stituting ‘defined benefit component’ for ‘defined 10 benefit plan’ and ‘composite plan component’ for 11 ‘composite plan’. 12 ‘‘(3) ELIGIBLE TO ACCRUE A BENEFIT.—For 13 purposes of paragraph (1), an employee is consid- 14 ered eligible to accrue a benefit under a composite 15 plan as of the first day in which the employee com- 16 pletes an hour of service under a collective bar- 17 gaining agreement that provides for contributions to 18 and accruals under the composite plan in lieu of ac- 19 cruals under the legacy plan. 20 ‘‘(4) COLLECTIVE BARGAINING AGREEMENT.— 21 As used in this subpart, the term ‘collective bar- 22 gaining agreement’ includes any agreement under 23 which an employer has an obligation to contribute to 24 a plan. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PLANS.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01305 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1306 1 ‘‘(5) OTHER TERMS.—Any term used in this 2 subpart which is not defined in this part and which 3 is also used in section 432 shall have the same 4 meaning provided such term in such section. 5 ‘‘(b) RESTRICTIONS ON ACCEPTANCE BY COMPOSITE 6 PLAN OF AGREEMENTS AND CONTRIBUTIONS.— 7 ‘‘(1) IN plan sponsor of a com- 8 posite plan shall not accept or recognize a collective 9 bargaining agreement (or any modification to such 10 agreement), and no contributions may be accepted 11 and no benefits may be accrued or otherwise earned 12 under the agreement— 13 ‘‘(A) in any case in which the plan actuary 14 of any defined benefit plan that would be treat- 15 ed as a legacy plan with respect to such com- 16 posite 17 432(b)(3) that such defined benefit plan is or 18 will be in critical status for the plan year in 19 which such agreement would take effect or for 20 any of the succeeding 5 plan years, and plan has certified under section 21 ‘‘(B) unless the agreement requires each 22 employer who is a party to such agreement, in- 23 cluding employers whose employees are not par- 24 ticipants in the legacy plan, to provide contribu- 25 tions to the legacy plan with respect to such g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01306 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1307 1 composite plan in a manner that satisfies the 2 transition contribution requirements of sub- 3 section (d). 4 ‘‘(2) NOTICE.—Not later than 30 days after a 5 determination by a plan sponsor of a composite plan 6 that an agreement fails to satisfy the requirements 7 described in paragraph (1), the plan sponsor shall 8 provide notification of such failure and the reasons 9 for such determination to— 10 ‘‘(A) the parties to the agreement, 11 ‘‘(B) active participants of the composite 12 plan who have ceased to accrue or otherwise 13 earn benefits with respect to service with an 14 employer pursuant to paragraph (1), and 15 ‘‘(C) the Secretary of Labor, the Secretary 16 of the Treasury, and the Pension Benefit Guar- 17 anty Corporation. 18 ‘‘(3) LIMITATION ON RETROACTIVE EFFECT.— 19 This subsection shall not apply to benefits accrued 20 before the date on which notice is provided under 21 paragraph (2). 22 ‘‘(c) RESTRICTION ON ACCRUAL OF BENEFITS 23 UNDER A COMPOSITE PLAN.— 24 25 ‘‘(1) IN 12:13 May 12, 2020 any case in which an employer, under a collective bargaining agreement g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—In Jkt 000000 (763351 3) PO 00000 Frm 01307 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1308 1 entered into after the date of enactment of the Giv- 2 ing Retirement Options to Workers Act of 2020, 3 ceases to have an obligation to contribute to a multi- 4 employer defined benefit plan, no employees em- 5 ployed by the employer may accrue or otherwise earn 6 benefits under any composite plan, with respect to 7 service with that employer, for a 60-month period 8 beginning on the date on which the employer entered 9 into such collective bargaining agreement. 10 ‘‘(2) NOTICE 11 Within 30 days of determining that an employer has 12 ceased to have an obligation to contribute to a leg- 13 acy plan with respect to employees employed by an 14 employer that is or will be contributing to a com- 15 posite plan with respect to service of such employees, 16 the plan sponsor of the legacy plan shall notify the 17 plan sponsor of the composite plan of that cessation. 18 ‘‘(3) NOTICE OF CESSATION OF ACCRUALS.— 19 Not later than 30 days after determining that an 20 employer has ceased to have an obligation to con- 21 tribute to a legacy plan, the plan sponsor of the 22 composite plan shall notify the bargaining parties, 23 the active participants affected by the cessation of 24 accruals, the Secretary, the Secretary of Labor, and 25 the Pension Benefit Guaranty Corporation of the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF CESSATION OF OBLIGATION.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01308 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1309 1 cessation of accruals, the period during which such 2 cessation is in effect, and the reasons therefor. 3 ‘‘(4) LIMITATION 4 This subsection shall not apply to benefits accrued 5 before the date on which notice is provided under 6 paragraph (3). 7 ‘‘(d) TRANSITION CONTRIBUTION REQUIREMENTS.— 8 9 10 ‘‘(1) IN GENERAL.—A collective bargaining agreement satisfies the transition contribution requirements of this subsection if the agreement— 11 ‘‘(A) authorizes for payment of contribu- 12 tions to a legacy plan at a rate or rates equal 13 to or greater than the transition contribution 14 rate established under paragraph (2), and 15 ‘‘(B) does not provide for— 16 ‘‘(i) a suspension of contributions to 17 the legacy plan with respect to any period 18 of service, or 19 ‘‘(ii) any new direct or indirect exclu- 20 sion of younger or newly hired employees 21 of the employer from being taken into ac- 22 count in determining contributions owed to 23 the legacy plan. 24 ‘‘(2) TRANSITION g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ON RETROACTIVE EFFECT.— 12:13 May 12, 2020 Jkt 000000 CONTRIBUTION RATE.— (763351 3) PO 00000 Frm 01309 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1310 1 ‘‘(A) IN transition con- 2 tribution rate for a plan year is the contribution 3 rate that, as certified by the actuary of the leg- 4 acy plan in accordance with the principles in 5 section 432(b)(3)(B), is reasonably expected to 6 be adequate— 7 ‘‘(i) to fund the normal cost for the 8 plan year, 9 ‘‘(ii) to amortize the plan’s unfunded 10 liabilities in level annual installments over 11 25 years, beginning with the plan year in 12 which the transition contribution rate is 13 first established, and 14 ‘‘(iii) to amortize any subsequent 15 changes in the legacy plan’s unfunded li- 16 ability due to experience gains or losses 17 (including investment gains or losses, gains 18 or losses due to contributions greater or 19 less than the contributions made under the 20 prior transition contribution rate, and 21 other actuarial gains or losses), changes in 22 actuarial assumptions, changes to the leg- 23 acy plan’s benefits, or changes in funding 24 method over a period of 15 plan years be- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01310 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1311 1 ginning with the plan year in which such 2 change in unfunded liability is incurred. 3 The transition contribution rate for any plan 4 year may not be less than the transition con- 5 tribution rate for the plan year in which such 6 rate is first established. 7 ‘‘(B) MULTIPLE different rates 8 of contribution are payable to the legacy plan 9 by different employers or for different classes of 10 employees, the certification shall specify a tran- 11 sition contribution rate for each such employer. 12 ‘‘(C) RATE 13 APPLICABLE TO EMPLOYER.— ‘‘(i) IN GENERAL.—Except as pro- 14 vided by clause (ii), the transition con- 15 tribution rate applicable to an employer for 16 a plan year is the rate in effect for the 17 plan year of the legacy plan that com- 18 mences on or after 180 days before the 19 earlier of— 20 ‘‘(I) the effective date of the col- 21 lective bargaining agreement pursuant 22 to which the employer contributes to 23 the legacy plan, or 24 ‘‘(II) 5 years after the last plan 25 year for which the transition contribu- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RATES.—If 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01311 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1312 1 tion rate applicable to the employer 2 was established or updated. 3 ‘‘(ii) transition 4 contribution rate applicable to an employer 5 for the first plan year beginning on or 6 after the commencement of the employer’s 7 obligation to contribute to the composite 8 plan is the rate in effect for the plan year 9 of the legacy plan that commences on or 10 after 180 days before such first plan year. 11 ‘‘(D) EFFECT OF LEGACY PLAN FINANCIAL 12 CIRCUMSTANCES.—If 13 legacy plan has certified under section 432 that 14 the plan is in endangered or critical status for 15 a plan year, the transition contribution rate for 16 the following plan year is the rate determined 17 with respect to the employer under the legacy 18 plan’s funding improvement or rehabilitation 19 plan under section 432, if greater than the rate 20 otherwise determined, but in no event greater 21 than 75 percent of the sum of the contribution 22 rates applicable to the legacy plan and the com- 23 posite plan for the plan year. 24 ‘‘(E) OTHER 25 12:13 May 12, 2020 the plan actuary of the ACTUARIAL AND METHODS.—Except g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 EXCEPTION.—The Jkt 000000 ASSUMPTIONS as provided in sub- (763351 3) PO 00000 Frm 01312 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1313 1 paragraph (A), the determination of the transi- 2 tion contribution rate for a plan year shall be 3 based on actuarial assumptions and methods 4 consistent with the minimum funding deter- 5 minations made under section 431 (or, if appli- 6 cable, section 432) with respect to the legacy 7 plan for the plan year. 8 ‘‘(F) ADJUSTMENTS plan 9 sponsor of a legacy plan from time to time may 10 adjust the transition contribution rate or rates 11 applicable to an employer under this paragraph 12 by increasing some rates and decreasing others 13 if the actuary certifies that such adjusted rates 14 in combination will produce projected contribu- 15 tion income for the plan year beginning on or 16 after the date of certification that is not less 17 than would be produced by the transition con- 18 tribution rates in effect at the time of the cer- 19 tification. 20 ‘‘(G) NOTICE OF TRANSITION CONTRIBU- 21 TION RATE.—The 22 shall provide notice to the parties to collective 23 bargaining agreements pursuant to which con- 24 tributions are made to the legacy plan of 25 changes to the transition contribution rate re- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 IN RATE.—The 12:13 May 12, 2020 Jkt 000000 plan sponsor of a legacy plan (763351 3) PO 00000 Frm 01313 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1314 1 quirements at least 30 days before the begin- 2 ning of the plan year for which the rate is effec- 3 tive. 4 ‘‘(H) NOTICE 5 SOR.—Not 6 mination by the plan sponsor of a legacy plan 7 that a collective bargaining agreement provides 8 for a rate of contributions that is below the 9 transition contribution rate applicable to one or 10 more employers that are parties to the collective 11 bargaining agreement, the plan sponsor of the 12 legacy plan shall notify the plan sponsor of any 13 composite plan under which employees of such 14 employer would otherwise be eligible to accrue 15 a benefit. 16 ‘‘(3) CORRECTION later than 30 days after a deter- PROCEDURES.—Pursuant to 17 standards prescribed by the Secretary of Labor, the 18 plan sponsor of a composite plan shall adopt rules 19 and procedures that give the parties to the collective 20 bargaining agreement notice of the failure of such 21 agreement to satisfy the transition contribution re- 22 quirements of this subsection, and a reasonable op- 23 portunity to correct such failure, not to exceed 180 24 days from the date of notice given under subsection 25 (b)(2). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO COMPOSITE PLAN SPON- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01314 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1315 1 ‘‘(4) SUPPLEMENTAL col- 2 lective bargaining agreement may provide for supple- 3 mental contributions to the legacy plan for a plan 4 year in excess of the transition contribution rate de- 5 termined under paragraph (2), regardless of whether 6 the legacy plan is in endangered or critical status for 7 such plan year. 8 ‘‘(e) NONAPPLICATION 9 OF COMPOSITE PLAN RE- STRICTIONS.— 10 ‘‘(1) IN GENERAL.—The provisions of sub- 11 sections (a), (b), and (c) shall not apply with respect 12 to a collective bargaining agreement, to the extent 13 the agreement, or a predecessor agreement, provides 14 or provided for contributions to a defined benefit 15 plan that is a legacy plan, as of the first day of the 16 first plan year following a plan year for which the 17 plan actuary certifies that the plan is fully funded, 18 has been fully funded for at least three out of the 19 immediately preceding 5 plan years, and is projected 20 to remain fully funded for at least the following 4 21 plan years. 22 ‘‘(2) DETERMINATION OF FULLY FUNDED.—A 23 plan is fully funded for purposes of paragraph (1) 24 if, as of the valuation date of the plan for a plan 25 year, the value of the plan’s assets equals or exceeds g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CONTRIBUTIONS.—A 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01315 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1316 1 the present value of the plan’s liabilities, determined 2 in accordance with the rules prescribed by the Pen- 3 sion Benefit Guaranty Corporation under sections 4 4219(c)(1)(D) and 4281 of Employee Retirement 5 Income and Security Act for multiemployer plans 6 terminating by mass withdrawal, as in effect for the 7 date of the determination, except the plan’s reason- 8 able assumption regarding the starting date of bene- 9 fits may be used. 10 ‘‘(3) OTHER APPLICABLE RULES.—Except as 11 provided in paragraph (2), actuarial determinations 12 and projections under this section shall be based on 13 the rules in section 432(b)(3) and section 438(b). 14 ‘‘SEC. 440B. MERGERS AND ASSET TRANSFERS OF COM- 15 16 POSITE PLANS. ‘‘(a) IN GENERAL.—Assets and liabilities of a com- 17 posite plan may only be merged with, or transferred to, 18 another plan if— 19 ‘‘(1) the other plan is a composite plan, 20 ‘‘(2) the plan or plans resulting from the merg- 21 er or transfer is a composite plan, 22 ‘‘(3) no participant’s accrued benefit or adjust- 23 able benefit is lower immediately after the trans- 24 action than it was immediately before the trans- 25 action, and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01316 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1317 1 ‘‘(4) the value of the assets transferred in the 2 case of a transfer reasonably reflects the value of the 3 amounts contributed with respect to the participants 4 whose benefits are being transferred, adjusted for al- 5 locable distributions, investment gains and losses, 6 and administrative expenses. 7 ‘‘(b) LEGACY PLAN.— 8 ‘‘(1) IN a merger or transfer 9 involving a composite plan, the legacy plan with re- 10 spect to an employer that is obligated to contribute 11 to the resulting composite plan is the legacy plan 12 that applied to that employer immediately before the 13 merger or transfer. 14 ‘‘(2) MULTIPLE LEGACY PLANS.—If an em- 15 ployer is obligated to contribute to more than one 16 legacy plan with respect to employees eligible to ac- 17 crue benefits under more than one composite plan 18 and there is a merger or transfer of such legacy 19 plans, the transition contribution rate applicable to 20 the legacy plan resulting from the merger or trans- 21 fer with respect to that employer shall be determined 22 in 23 440A(d)(2)(B).’’. 24 25 12:13 May 12, 2020 accordance with (2) CLERICAL the provisions AMENDMENT.—The of section table of sub- parts for part III of subchapter D of chapter 1 of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—After Jkt 000000 (763351 3) PO 00000 Frm 01317 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1318 1 the Internal Revenue Code of 1986 is amended by 2 adding at the end the following new item: ‘‘SUBPART C. 3 COMPOSITE PLANS AND LEGACY PLANS’’. (c) EFFECTIVE DATE.—The amendments made by 4 this section shall apply to plan years beginning after the 5 date of the enactment of this Act. 6 SEC. 140003. APPLICATION OF CERTAIN REQUIREMENTS TO 7 8 COMPOSITE PLANS. (a) AMENDMENTS TO THE EMPLOYEE RETIREMENT 9 INCOME SECURITY ACT OF 1974.— 10 (1) TREATMENT 11 NOTICES.—Section 12 ment Income Security Act of 1974 (29 U.S.C. 13 1021(f)) is amended— 101(f) of the Employee Retire- 14 (A) in paragraph (1) by striking ‘‘title IV 15 applies’’ and inserting ‘‘title IV applies or which 16 is a composite plan’’; and 17 (B) by adding at the end the following: 18 ‘‘(5) APPLICATION TO COMPOSITE PLANS.—The 19 provisions of this subsection shall apply to a com- 20 posite plan only to the extent prescribed by the Sec- 21 retary in regulations that take into account the dif- 22 ferences between a composite plan and a defined 23 benefit plan that is a multiemployer plan.’’. 24 25 (2) TREATMENT REPORT.—Section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR PURPOSES OF FUNDING 12:13 May 12, 2020 Jkt 000000 FOR PURPOSES OF ANNUAL 103 of the Employee Retirement (763351 3) PO 00000 Frm 01318 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1319 1 Income Security Act of 1974 (29 U.S.C. 1023) is 2 amended— 3 (A) in subsection (d) by adding at the end 4 the following sentence: ‘‘The provisions of this 5 subsection shall apply to a composite plan only 6 to the extent prescribed by the Secretary in reg- 7 ulations that take into account the differences 8 between a composite plan and a defined benefit 9 plan that is a multiemployer plan.’’; 10 (B) in subsection (f) by adding at the end 11 the following: 12 ‘‘(3) ADDITIONAL 13 POSITE 14 plan— FOR COM- respect to any composite 15 ‘‘(A) the provisions of paragraph (1)(A) 16 shall apply by substituting ‘current funded ratio 17 and projected funded ratio (as such terms are 18 defined in section 802(a)(2))’ for ‘funded per- 19 centage’ each place it appears; and 20 ‘‘(B) the provisions of paragraph (2) shall 21 apply only to the extent prescribed by the Sec- 22 retary in regulations that take into account the 23 differences between a composite plan and a de- 24 fined benefit plan that is a multiemployer 25 plan.’’; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PLANS.—With INFORMATION 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01319 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1320 1 2 (C) by adding at the end the following: ‘‘(h) COMPOSITE PLANS.—A multiemployer plan that 3 incorporates the features of a composite plan as provided 4 in section 801(b) shall be treated as a single plan for pur5 poses of the report required by this section, except that 6 separate financial statements and actuarial statements 7 shall be provided under paragraphs (3) and (4) of sub8 section (a) for the defined benefit plan component and for 9 the composite plan component of the multiemployer 10 plan.’’. 11 (3) TREATMENT FOR PURPOSES OF PENSION 12 BENEFIT STATEMENTS.—Section 13 ployee Retirement Income Security Act of 1974 (29 14 U.S.C. 1025(a)) is amended by adding at the end 15 the following: 16 ‘‘(4) COMPOSITE 105(a) of the Em- PLANS.—For purposes of this 17 subsection, a composite plan shall be treated as a 18 defined benefit plan to the extent prescribed by the 19 Secretary in regulations that take into account the 20 differences between a composite plan and a defined 21 benefit plan that is a multiemployer plan.’’. 22 (b) AMENDMENTS 23 CODE OF TO THE INTERNAL REVENUE 1986.—Section 6058 of the Internal Revenue 24 Code of 1986 is amended by redesignating subsection (f) g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01320 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1321 1 as subsection (g) and by inserting after subsection (e) the 2 following: 3 ‘‘(f) COMPOSITE PLANS.—A multiemployer plan that 4 incorporates the features of a composite plan as provided 5 in section 437(b) shall be treated as a single plan for pur6 poses of the return required by this section, except that 7 separate financial statements shall be provided for the de8 fined benefit plan component and for the composite plan 9 component of the multiemployer plan.’’. 10 (c) EFFECTIVE DATE.—The amendments made by 11 this section shall apply to plan years beginning after the 12 date of the enactment of this Act. 13 SEC. 140004. TREATMENT OF COMPOSITE PLANS UNDER 14 TITLE IV. 15 (a) DEFINITION.—Section 4001(a) of the Employee 16 Retirement Income Security Act of 1974 (29 U.S.C. 17 1301(a)) is amended by striking the period at the end of 18 paragraph (21) and inserting a semicolon and by adding 19 at the end the following: 20 ‘‘(22) COMPOSITE PLAN.—The term ‘composite 21 plan’ has the meaning set forth in section 801.’’. 22 (b) COMPOSITE PLANS DISREGARDED 23 LATING FOR CALCU- PREMIUMS.—Section 4006(a) of such Act (29 24 U.S.C. 1306(a)) is amended by adding at the end the fol25 lowing: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01321 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1322 1 ‘‘(9) The composite plan component of a multi- 2 employer plan shall be disregarded in determining 3 the premiums due under this section from the multi- 4 employer plan.’’. 5 (c) COMPOSITE PLANS NOT COVERED.—Section 6 4021(b)(1) of such Act (29 U.S.C. 1321(b)(1)) is amend7 ed by striking ‘‘Act’’ and inserting ‘‘Act, or a composite 8 plan, as defined in paragraph (43) of section 3 of this 9 Act’’. 10 (d) NO WITHDRAWAL LIABILITY.—Section 4201 of 11 such Act (29 U.S.C. 1381) is amended by adding at the 12 end the following: 13 ‘‘(c) Contributions by an employer to the composite 14 plan component of a multiemployer plan shall not be taken 15 into account for any purpose under this title.’’. 16 (e) NO WITHDRAWAL LIABILITY FOR CERTAIN 17 PLANS.—Section 4201 of such Act (29 U.S.C. 1381) is 18 further amended by adding at the end the following: 19 ‘‘(d) Contributions by an employer to a multiem- 20 ployer plan described in the except clause of section 3(35) 21 of this Act pursuant to a collective bargaining agreement 22 that specifically designates that such contributions shall 23 be allocated to the separate defined contribution accounts 24 of participants under the plan shall not be taken into ac25 count with respect to the defined benefit portion of the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01322 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1323 1 plan for any purpose under this title (including the deter2 mination of the employer’s highest contribution rate under 3 section 4219), even if, under the terms of the plan, partici4 pants have the option to transfer assets in their separate 5 defined contribution accounts to the defined benefit por6 tion of the plan in return for service credit under the de7 fined benefit portion, at rates established by the plan 8 sponsor. 9 ‘‘(e) A legacy plan created under section 805 shall 10 be deemed to have no unfunded vested benefits for pur11 poses of this part, for each plan year following a period 12 of 5 consecutive plan years for which— 13 ‘‘(1) the plan was fully funded within the mean- 14 ing of section 805 for at least 3 of the plan years 15 during that period, ending with a plan year for 16 which the plan is fully funded; 17 ‘‘(2) the plan had no unfunded vested benefits 18 for at least 3 of the plan years during that period, 19 ending with a plan year for which the plan is fully 20 funded; and 21 ‘‘(3) the plan is projected to be fully funded 22 and to have no unfunded vested benefits for the fol- 23 lowing four plan years.’’. 24 (f) NO WITHDRAWAL LIABILITY 25 CONTRIBUTING g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 TO FOR EMPLOYERS CERTAIN FULLY FUNDED LEGACY (763351 3) PO 00000 Frm 01323 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1324 1 PLANS.—Section 4211 of such Act (29 U.S.C. 1382) is 2 amended by adding at the end the following: 3 ‘‘(g) No amount of unfunded vested benefits shall be 4 allocated to an employer that has an obligation to con5 tribute to a legacy plan described in subsection (e) of sec6 tion 4201 for each plan year for which such subsection 7 applies.’’. 8 (g) NO OBLIGATION TO CONTRIBUTE.—Section 9 4212 of such Act (29 U.S.C. 1392) is amended by adding 10 at the end the following: 11 ‘‘(d) NO OBLIGATION TO CONTRIBUTE.—An em- 12 ployer shall not be treated as having an obligation to con13 tribute to a multiemployer defined benefit plan within the 14 meaning of subsection (a) solely because— 15 ‘‘(1) in the case of a multiemployer plan that 16 includes a composite plan component, the employer 17 has an obligation to contribute to the composite plan 18 component of the plan; 19 ‘‘(2) the employer has an obligation to con- 20 tribute to a composite plan that is maintained pur- 21 suant to one or more collective bargaining agree- 22 ments under which the multiemployer defined ben- 23 efit plan is or previously was maintained; or 24 ‘‘(3) the employer contributes or has contrib- 25 uted under section 805(d) to a legacy plan associ- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01324 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1325 1 ated with a composite plan pursuant to a collective 2 bargaining agreement but employees of that em- 3 ployer were not eligible to accrue benefits under the 4 legacy plan with respect to service with that em- 5 ployer.’’. 6 (h) NO INFERENCE.—Nothing in the amendment 7 made by subsection (e) shall be construed to create an in8 ference with respect to the treatment under title IV of the 9 Employee Retirement Income Security Act of 1974, as in 10 effect before such amendment, of contributions by an em11 ployer to a multiemployer plan described in the except 12 clause of section 3(35) of such Act that are made before 13 the effective date of subsection (e) specified in subsection 14 (h)(2). 15 (i) EFFECTIVE DATE.— 16 (1) IN as provided in sub- 17 paragraph (2), the amendments made by this section 18 shall apply to plan years beginning after the date of 19 the enactment of this Act. 20 (2) SPECIAL RULE FOR SECTION 414(k) MULTI- 21 EMPLOYER PLANS.—The 22 section (e) shall apply only to required contributions 23 payable for plan years beginning after the date of 24 the enactment of this Act. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Except 12:13 May 12, 2020 Jkt 000000 amendment made by sub- (763351 3) PO 00000 Frm 01325 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1326 1 SEC. 140005. CONFORMING CHANGES. 2 (a) DEFINITIONS.—Section 3 of the Employee Re- 3 tirement Income Security Act of 1974 (29 U.S.C. 1002) 4 is amended— 5 (1) in paragraph (35), by inserting ‘‘or a com- 6 posite plan’’ after ‘‘other than an individual account 7 plan’’; and 8 (2) by adding at the end the following: 9 ‘‘(43) The term ‘composite plan’ has the mean- 10 ing given the term in section 801(a).’’. 11 (b) SPECIAL FUNDING RULE FOR CERTAIN LEGACY 12 PLANS.— 13 (1) AMENDMENT 14 INCOME SECURITY ACT OF 1974.—Section 15 the Employee Retirement Income Security Act of 16 1974 (29 U.S.C. 1084(b)) is amended by adding at 17 the end the following: 18 ‘‘(9) SPECIAL 304(b) of FUNDING RULE FOR CERTAIN 19 LEGACY PLANS.—In 20 fined benefit plan that has adopted an amendment 21 under section 801(b), in accordance with which no 22 further benefits shall accrue under the multiem- 23 ployer defined benefit plan, the plan sponsor may 24 combine the outstanding balance of all charge and 25 credit bases and amortize that combined base in 26 level annual installments (until fully amortized) over g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO EMPLOYEE RETIREMENT 12:13 May 12, 2020 Jkt 000000 the case of a multiemployer de- (763351 3) PO 00000 Frm 01326 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1327 1 a period of 25 plan years beginning with the plan 2 year following the date all benefit accruals ceased.’’. 3 (2) AMENDMENT TO INTERNAL REVENUE CODE 4 OF 1986.—Section 5 Code of 1986 is amended by adding at the end the 6 following: 7 431(b) of the Internal Revenue ‘‘(9) SPECIAL FUNDING RULE FOR CERTAIN 8 LEGACY PLANS.—In 9 fined benefit plan that has adopted an amendment 10 under section 437(b), in accordance with which no 11 further benefits shall accrue under the multiem- 12 ployer defined benefit plan, the plan sponsor may 13 combine the outstanding balance of all charge and 14 credit bases and amortize that combined base in 15 level annual installments (until fully amortized) over 16 a period of 25 plan years beginning with the plan 17 year following the date on which all benefit accruals 18 ceased.’’. 19 (c) BENEFITS AFTER MERGER, CONSOLIDATION, the case of a multiemployer de- OR 20 TRANSFER OF ASSETS.— 21 (1) AMENDMENT 22 INCOME SECURITY ACT OF 1974.—Section 23 Employee Retirement Income Security Act of 1974 24 (29 U.S.C. 1058) is amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO EMPLOYEE RETIREMENT 12:13 May 12, 2020 Jkt 000000 208 of the (763351 3) PO 00000 Frm 01327 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1328 1 (A) by striking so much of the first sen- 2 tence as precedes ‘‘may not merge’’ and insert- 3 ing the following: 4 ‘‘(1) IN as provided in para- 5 graph (2), a pension plan may not merge, and’’; and 6 (B) by striking the second sentence and 7 adding at the end the following: 8 ‘‘(2) SPECIAL 9 REQUIREMENTS FOR MULTIEM- PLOYER PLANS.—Paragraph (1) shall not apply to 10 any transaction to the extent that participants either 11 before or after the transaction are covered under a 12 multiemployer plan to which title IV of this Act ap- 13 plies or a composite plan.’’. 14 15 (2) AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.— 16 (A) QUALIFICATION REQUIREMENT.—Sec- 17 tion 401(a)(12) of the Internal Revenue Code 18 of 1986 is amended— 19 (i) by striking ‘‘(12) A trust’’ and in- 20 serting the following: 21 22 ‘‘(12) BENEFITS ‘‘(A) IN 24 GENERAL.—Except as provided in subparagraph (B), a trust’’; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 AFTER MERGER, CONSOLIDA- TION, OR TRANSFER OF ASSETS.— 23 VerDate Mar 15 2010 GENERAL.—Except Jkt 000000 (763351 3) PO 00000 Frm 01328 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1329 1 (ii) by striking the second sentence; 2 and 3 (iii) by adding at the end the fol- 4 lowing: 5 ‘‘(B) SPECIAL 6 EMPLOYER 7 not apply to any multiemployer plan with re- 8 spect to any transaction to the extent that par- 9 ticipants either before or after the transaction 10 are covered under a multiemployer plan to 11 which title IV of the Employee Retirement In- 12 come Security Act of 1974 applies or a com- 13 posite plan.’’. 14 PLANS.—Subparagraph (B) ADDITIONAL 15 MENT.—Paragraph 16 Code is amended— 17 (A) shall QUALIFICATION REQUIRE- (1) of section 414(l) of such (i) by striking ‘‘(1) IN GENERAL’’ and 18 all that follows through ‘‘shall not con- 19 stitute’’ and inserting the following: 20 ‘‘(1) BENEFIT PROTECTIONS: MERGER, CON- 21 SOLIDATION, TRANSFER.— 22 ‘‘(A) IN GENERAL.—Except as provided in 23 subparagraph (B), a trust which forms a part 24 of a plan shall not constitute’’; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REQUIREMENTS FOR MULTI- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01329 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1330 1 (ii) by striking the second sentence; 2 and 3 (iii) by adding at the end the fol- 4 lowing: 5 ‘‘(B) SPECIAL REQUIREMENTS FOR MULTI- 6 EMPLOYER PLANS.—Subparagraph 7 apply to any multiemployer plan with respect to 8 any transaction to the extent that participants 9 either before or after the transaction are cov- 10 ered under a multiemployer plan to which title 11 IV of the Employee Retirement Income Secu- 12 rity Act of 1974 applies or a composite plan.’’. 13 (d) REQUIREMENTS FOR STATUS AS A (A) does not QUALIFIED 14 PLAN.— 15 (1) REQUIREMENT 16 TIONS BE SPECIFIED.—Section 17 ternal Revenue Code of 1986 is amended by insert- 18 ing ‘‘(in the case of a composite plan, benefits objec- 19 tively calculated pursuant to a formula)’’ after ‘‘defi- 20 nitely determinable benefits’’. 21 (2) MISSING 401(a)(25) of the In- PARTICIPANTS IN TERMINATING 22 COMPOSITE PLAN.—Section 23 nal Revenue Code of 1986 is amended by striking ‘‘, 24 a trust’’ and inserting ‘‘or a composite plan, a 25 trust’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 THAT ACTUARIAL ASSUMP- 12:13 May 12, 2020 Jkt 000000 401(a)(34) of the Inter- (763351 3) PO 00000 Frm 01330 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1331 1 2 (e) DEDUCTION FIED FOR CONTRIBUTIONS TO A QUALI- PLAN.—Section 404(a)(1) of the Internal Revenue 3 Code of 1986 is amended by redesignating subparagraph 4 (E) as subparagraph (F) and by inserting after subpara5 graph (D) the following: 6 ‘‘(E) COMPOSITE 7 ‘‘(i) IN GENERAL.—In the case of a 8 composite plan, subparagraph (D) shall 9 not apply and the maximum amount de- 10 ductible for a plan year shall be the excess 11 (if any) of— 12 ‘‘(I) 160 percent of the greater 13 of— 14 ‘‘(aa) the current liability of 15 the plan determined in accord- 16 ance with the principles of sec- 17 tion 431(c)(6)(D), or 18 ‘‘(bb) the present value of 19 plan 20 under section 438, over 21 ‘‘(II) the fair market value of the 22 plan’s assets, projected to the end of 23 the plan year. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PLANS.— 12:13 May 12, 2020 Jkt 000000 liabilities as determined (763351 3) PO 00000 Frm 01331 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1332 1 ‘‘(ii) SPECIAL FOR PREDE- 2 CESSOR MULTIEMPLOYER PLAN TO COM- 3 POSITE PLAN.— 4 ‘‘(I) IN GENERAL.—Except as 5 provided in subclause (II), if an em- 6 ployer contributes to a composite plan 7 with respect to its employees, con- 8 tributions by that employer to a mul- 9 tiemployer defined benefit plan with 10 respect to some or all of the same 11 group of employees shall be deductible 12 under sections 162 and this section, 13 subject to the limits in subparagraph 14 (D). 15 ‘‘(II) TRANSITION CONTRIBU- 16 TION.—The 17 tion to satisfy the transition contribu- 18 tion requirement (as defined in sec- 19 tion 440A(d)) and allocated to the 20 legacy defined benefit plan for the 21 plan year shall be deductible for the 22 employer’s taxable year ending with or 23 within the plan year.’’. 24 12:13 May 12, 2020 full amount of a contribu- (f) MINIMUM VESTING STANDARDS.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RULES Jkt 000000 (763351 3) PO 00000 Frm 01332 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1333 1 2 (1) YEARS OF SERVICE UNDER COMPOSITE PLANS.— 3 (A) EMPLOYEE RETIREMENT INCOME SE- 4 CURITY ACT OF 1974.—Section 5 ployee Retirement Income Security Act of 1974 6 (29 U.S.C. 1053) is amended by inserting after 7 subsection (f) the following: 8 ‘‘(g) SPECIAL RULES FOR 203 of the Em- COMPUTING YEARS OF 9 SERVICE UNDER COMPOSITE PLANS.— 10 ‘‘(1) IN determining a qualified 11 employee’s years of service under a composite plan 12 for purposes of this section, the employee’s years of 13 service under a legacy plan shall be treated as years 14 of service earned under the composite plan. For pur- 15 poses of such determination, a composite plan shall 16 not be treated as a defined benefit plan pursuant to 17 section 801(d). 18 ‘‘(2) QUALIFIED EMPLOYEE.—For purposes of 19 this subsection, an employee is a qualified employee 20 if the employee first completes an hour of service 21 under the composite plan (determined without re- 22 gard to the provisions of this subsection) within the 23 12-month period immediately preceding or the 24- 24 month period immediately following the date the em- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01333 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1334 1 ployee ceased to accrue benefits under the legacy 2 plan. 3 ‘‘(3) CERTIFICATION OF YEARS OF SERVICE.— 4 For purposes of paragraph (1), the plan sponsor of 5 the composite plan shall rely on a written certifi- 6 cation by the plan sponsor of the legacy plan of the 7 years of service the qualified employee completed 8 under the defined benefit plan as of the date the em- 9 ployee satisfies the requirements of paragraph (2), 10 disregarding any years of service that had been for- 11 feited under the rules of the defined benefit plan be- 12 fore that date. 13 ‘‘(h) SPECIAL RULES FOR COMPUTING YEARS OF 14 SERVICE UNDER LEGACY PLANS.— 15 ‘‘(1) IN determining a qualified 16 employee’s years of service under a legacy plan for 17 purposes of this section, and in addition to any serv- 18 ice under applicable regulations, the employee’s 19 years of service under a composite plan shall be 20 treated as years of service earned under the legacy 21 plan. For purposes of such determination, a com- 22 posite plan shall not be treated as a defined benefit 23 plan pursuant to section 801(d). 24 25 ‘‘(2) QUALIFIED 12:13 May 12, 2020 EMPLOYEE.—For purposes of this subsection, an employee is a qualified employee g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—In Jkt 000000 (763351 3) PO 00000 Frm 01334 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1335 1 if the employee first completes an hour of service 2 under the composite plan (determined without re- 3 gard to the provisions of this subsection) within the 4 12-month period immediately preceding or the 24- 5 month period immediately following the date the em- 6 ployee ceased to accrue benefits under the legacy 7 plan. 8 ‘‘(3) CERTIFICATION 9 For purposes of paragraph (1), the plan sponsor of 10 the legacy plan shall rely on a written certification 11 by the plan sponsor of the composite plan of the 12 years of service the qualified employee completed 13 under the composite plan after the employee satisfies 14 the requirements of paragraph (2), disregarding any 15 years of service that has been forfeited under the 16 rules of the composite plan.’’. 17 (B) INTERNAL REVENUE CODE OF 1986.— 18 Section 411(a) of the Internal Revenue Code of 19 1986 is amended by adding at the end the fol- 20 lowing: 21 ‘‘(14) 22 SPECIAL RULES FOR DETERMINING YEARS OF SERVICE UNDER COMPOSITE PLANS.— 23 ‘‘(A) IN GENERAL.—In determining a 24 qualified employee’s years of service under a 25 composite plan for purposes of this subsection, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF YEARS OF SERVICE.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01335 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1336 1 the employee’s years of service under a legacy 2 plan shall be treated as years of service earned 3 under the composite plan. For purposes of such 4 determination, a composite plan shall not be 5 treated as a defined benefit plan pursuant to 6 section 437(d). 7 ‘‘(B) QUALIFIED pur- 8 poses of this paragraph, an employee is a quali- 9 fied employee if the employee first completes an 10 hour of service under the composite plan (deter- 11 mined without regard to the provisions of this 12 paragraph) within the 12-month period imme- 13 diately preceding or the 24-month period imme- 14 diately following the date the employee ceased 15 to accrue benefits under the legacy plan. 16 ‘‘(C) CERTIFICATION OF YEARS OF SERV- 17 ICE.—For 18 plan sponsor of the composite plan shall rely on 19 a written certification by the plan sponsor of 20 the legacy plan of the years of service the quali- 21 fied employee completed under the legacy plan 22 as of the date the employee satisfies the re- 23 quirements of subparagraph (B), disregarding 24 any years of service that had been forfeited g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 EMPLOYEE.—For 12:13 May 12, 2020 Jkt 000000 purposes of subparagraph (A), the (763351 3) PO 00000 Frm 01336 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1337 1 under the rules of the defined benefit plan be- 2 fore that date. 3 ‘‘(15) SPECIAL 4 OF SERVICE UNDER LEGACY PLANS.— 5 ‘‘(A) IN GENERAL.—In determining a 6 qualified employee’s years of service under a 7 legacy plan for purposes of this section, and in 8 addition to any service under applicable regula- 9 tions, the employee’s years of service under a 10 composite plan shall be treated as years of serv- 11 ice earned under the legacy plan. For purposes 12 of such determination, a composite plan shall 13 not be treated as a defined benefit plan pursu- 14 ant to section 437(d). 15 ‘‘(B) QUALIFIED EMPLOYEE.—For pur- 16 poses of this paragraph, an employee is a quali- 17 fied employee if the employee first completes an 18 hour of service under the composite plan (deter- 19 mined without regard to the provisions of this 20 paragraph) within the 12-month period imme- 21 diately preceding or the 24-month period imme- 22 diately following the date the employee ceased 23 to accrue benefits under the legacy plan. 24 ‘‘(C) CERTIFICATION 25 ICE.—For g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RULES FOR COMPUTING YEARS 12:13 May 12, 2020 Jkt 000000 OF YEARS OF SERV- purposes of subparagraph (A), the (763351 3) PO 00000 Frm 01337 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1338 1 plan sponsor of the legacy plan shall rely on a 2 written certification by the plan sponsor of the 3 composite plan of the years of service the quali- 4 fied employee completed under the composite 5 plan after the employee satisfies the require- 6 ments of subparagraph (B), disregarding any 7 years of service that has been forfeited under 8 the rules of the composite plan.’’. 9 (2) REDUCTION 10 (A) EMPLOYEE RETIREMENT INCOME SE- 11 CURITY ACT OF 1974.—Section 12 of the Employee Retirement Income Security 13 Act of 1974 (29 U.S.C. 1053(a)(3)(E)(ii)) is 14 amended— 15 (i) in subclause 203(a)(3)(E)(ii) (I) by striking 16 ‘‘4244A’’ and inserting ‘‘305(e), 803,’’; 17 and 18 (ii) in subclause (II) by striking 19 ‘‘4245’’ and inserting ‘‘305(e), 4245,’’. 20 (B) INTERNAL REVENUE CODE OF 1986.— 21 Section 411(a)(3)(F) of the Internal Revenue 22 Code of 1986 is amended— 23 (i) in clause (i) by striking ‘‘section 24 418D or under section 4281 of the Em- 25 ployee Retirement Income Security Act of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF BENEFITS.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01338 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1339 1 1974’’ and inserting ‘‘section 432(e) or 2 439 or under section 4281 of the Em- 3 ployee Retirement Income Security Act of 4 1974’’; and 5 (ii) in clause (ii) by inserting ‘‘or 6 432(e)’’ after ‘‘section 418E’’. 7 (3) ACCRUED 8 (A) EMPLOYEE 9 RETIREMENT INCOME SE- CURITY ACT OF 1974.—Section 204(b)(1)(B)(i) 10 of the Employee Retirement Income Security 11 Act of 1974 (29 U.S.C. 1054(b)(1)(B)(i)) is 12 amended by inserting ‘‘, including an amend- 13 ment reducing or suspending benefits under 14 section 305(e), 803, 4245 or 4281,’’ after ‘‘any 15 amendment to the plan’’. 16 (B) INTERNAL REVENUE CODE OF 1986.— 17 Section 411(b)(1)(B)(i) of the Internal Revenue 18 Code of 1986 is amended by inserting ‘‘, includ- 19 ing an amendment reducing or suspending ben- 20 efits under section 418E, 432(e) or 439, or 21 under section 4281 of the Employee Retirement 22 Income Security Act of 1974,’’ after ‘‘any 23 amendment to the plan’’. 24 (4) ADDITIONAL 25 12:13 May 12, 2020 ACCRUED BENEFIT REQUIRE- MENTS.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BENEFIT REQUIREMENTS.— Jkt 000000 (763351 3) PO 00000 Frm 01339 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1340 1 2 CURITY ACT OF 1974.—Section 3 of the Employee Retirement Income Security 4 Act of 1974 (29 U.S.C. 1053(b)(1)(H)(v)) is 5 amended by inserting before the period at the 6 end the following: ‘‘, or benefits are reduced or 7 suspended under section 305(e), 803, 4245, or 8 4281’’. 9 (B) INTERNAL 204(b)(1)(H)(v) REVENUE CODE OF 1986.— 10 Section 411(b)(1)(H)(iv) of the Internal Rev- 11 enue Code of 1986 is amended— 12 (i) in the heading by striking ‘‘BEN- 13 EFIT’’ 14 SUSPENSION AND REDUCTION OF CERTAIN 15 BENEFITS’’; and inserting ‘‘BENEFIT AND THE and 16 (ii) in the text by inserting before the 17 period at the end the following: ‘‘, or bene- 18 fits are reduced or suspended under sec- 19 tion 418E, 432(e), or 439, or under sec- 20 tion 4281 of the Employee Retirement In- 21 come Security Act of 1974’’. 22 23 (5) ACCRUED (A) EMPLOYEE 25 RETIREMENT INCOME SE- CURITY ACT OF 1974.—Section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 BENEFIT NOT TO BE DECREASED BY AMENDMENT.— 24 VerDate Mar 15 2010 RETIREMENT INCOME SE- (A) EMPLOYEE Jkt 000000 204(g)(1) of the (763351 3) PO 00000 Frm 01340 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1341 1 Employee Retirement Income Security Act of 2 1974 (29 U.S.C. 1053(g)(1)) is amended by in- 3 serting after ‘‘302(d)(2)’’ the following: ‘‘, 4 305(e), 803, 4245,’’. 5 (B) INTERNAL REVENUE CODE OF 1986.— 6 Section 411(d)(6)(A) of the Internal Revenue 7 Code of 1986 is amended by inserting after 8 ‘‘412(d)(2),’’ the following: ‘‘418E, 432(e), or 9 439,’’. 10 (g) CERTAIN FUNDING RULES NOT APPLICABLE.— 11 (1) EMPLOYEE RETIREMENT INCOME SECURITY 12 ACT OF 1974.—Section 13 ment Income Security Act of 1974 (29 U.S.C. 1085) 14 is amended by adding at the end the following: 15 ‘‘(k) LEGACY PLANS.—Sections 302, 304, and 305 305 of the Employee Retire- 16 shall not apply to an employer that has an obligation to 17 contribute to a plan that is a legacy plan within the mean18 ing of section 805(a) solely because the employer has an 19 obligation to contribute to a composite plan described in 20 section 801 that is associated with that legacy plan.’’. 21 (2) INTERNAL REVENUE CODE OF 1986.—Sec- 22 tion 432 of the Internal Revenue Code of 1986 is 23 amended by adding at the end the following: 24 ‘‘(k) LEGACY PLANS.—Sections 412, 431, and 432 25 shall not apply to an employer that has an obligation to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01341 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1342 1 contribute to a plan that is a legacy plan within the mean2 ing of section 440A(a) solely because the employer has an 3 obligation to contribute to a composite plan described in 4 section 437 that is associated with that legacy plan.’’. 5 (h) TERMINATION OF COMPOSITE PLAN.—Section 6 403(d) of the Employee Retirement Income Security Act 7 of 1974 (29 U.S.C. 1103(d) is amended— 8 (1) in paragraph (1), by striking ‘‘regulations 9 of the Secretary.’’ and inserting ‘‘regulations of the 10 Secretary, or as provided in paragraph (3).’’; and 11 (2) by adding at the end the following: 12 ‘‘(3) Section 4044(a) of this Act shall be ap- 13 plied in the case of the termination of a composite 14 plan by— 15 ‘‘(A) limiting the benefits subject to para- 16 graph (3) thereof to benefits as defined in sec- 17 tion 802(b)(3)(B); and 18 ‘‘(B) including in the benefits subject to 19 paragraph (4) all other benefits (if any) of indi- 20 viduals under the plan that would be guaran- 21 teed under section 4022A if the plan were sub- 22 ject to title IV.’’. 23 24 (i) GOOD FAITH COMPLIANCE PRIOR ANCE.—Where TO GUID- the implementation of any provision of law 25 added or amended by this division is subject to issuance g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01342 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1343 1 of regulations by the Secretary of Labor, the Secretary 2 of the Treasury, or the Pension Benefit Guaranty Cor3 poration, a multiemployer plan shall not be treated as fail4 ing to meet the requirements of any such provision prior 5 to the issuance of final regulations or other guidance to 6 carry out such provision if such plan is operated in accord7 ance with a reasonable, good faith interpretation of such 8 provision. 9 SEC. 140006. EFFECTIVE DATE. 10 Unless otherwise specified, the amendments made by 11 this division shall apply to plan years beginning after the 12 date of the enactment of this Act. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01343 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1344 1 DIVISION O—EDUCATION PROVISIONS 2 AND OTHER PROGRAMS 3 TITLE I—HIGHER EDUCATION PROVISIONS 4 DEFINITIONS 5 SEC. 150101. 6 In this title: 7 (1) AWARD term ‘‘award year’’ has 8 the meaning given the term in section 481(a) of the 9 Higher Education Act of 1965 (20 U.S.C. 1088(a)). 10 (2) AUTHORIZING COMMITTEES.—The term 11 ‘‘authorizing committees’’ has the meaning given the 12 term in section 103 of the Higher Education Act of 13 1965 (20 U.S.C. 1003). 14 (3) FAFSA.—The term ‘‘FAFSA’’ means an 15 application under section 483 of the Higher Edu- 16 cation Act of 1965 (20 U.S.C. 1090) for Federal 17 student financial aid. 18 (4) INSTITUTION OF HIGHER EDUCATION.—The 19 term ‘‘institution of higher education’’ has the 20 meaning given the term in section 102 of the Higher 21 Education Act of 1965 (20 U.S.C. 1002). 22 (5) QUALIFYING EMERGENCY.—The term 23 ‘‘qualifying emergency’’ has the meaning given the 24 term in section 3502 of the CARES Act (Public 25 Law 116–136), as amended by this Act. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 YEAR.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01344 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1345 1 (6) SECRETARY.—The term ‘‘Secretary’’ means 2 the Secretary of Education. 3 Subtitle A—CARES Act Amendments 4 APPLICATION OF WAIVER TO PARTICIPATING NONPROFIT 5 EMPLOYERS 6 SEC. 150102. 7 (a) IN GENERAL.—Section 3503 of the CARES Act 8 (Public Law 116–136) is amended— 9 (1) by redesignating subsection (b) as sub- 10 section (c); and 11 (2) by inserting after subsection (a) the fol- 12 lowing: 13 ‘‘(b) WAIVER 14 MENT FOR OF NON-FEDERAL SHARE REQUIRE- NONPROFIT EMPLOYERS.—Notwithstanding 15 any other provision of law, with respect to funds made 16 available for award years 2019–2020 and 2020–2021, the 17 Secretary shall waive any requirement that a nonprofit 18 employer provide a non-Federal share to match Federal 19 funds provided to such nonprofit employer under an agree20 ment under section 443 of the Higher Education Act of 21 1965 (20 U.S.C. 1087–53).’’. 22 (b) EFFECTIVE DATE.—The amendments made by 23 subsection (a) shall take effect as if included in the enact24 ment of the CARES Act (Public Law 116–136). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01345 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1346 1 EXTENSION OF FEDERAL WORK-STUDY DURING A 2 QUALIFYING EMERGENCY 3 SEC. 150103. 4 (a) IN GENERAL.—Section 3505 of the CARES Act 5 (Public Law 116–136) is amended— 6 (1) in subsection (a)— 7 (A) by striking ‘‘(not to exceed one aca- 8 demic year)’’; and 9 (B) by striking ‘‘such academic year’’ and 10 inserting ‘‘such period’’; and 11 (2) in subsection (b)— 12 (A) in paragraph (1), by inserting ‘‘first’’ 13 before ‘‘occurred’’; and 14 (B) in paragraph (3), by striking ‘‘for all 15 16 or part of such academic year’’. (b) EFFECTIVE DATE.—The amendments made by 17 subsection (a) shall take effect as if included in the enact18 ment of the CARES Act (Public Law 116–136). 19 CONTINUING EDUCATION AT AFFECTED FOREIGN 20 INSTITUTIONS 21 SEC. 150104. 22 (a) IN GENERAL.—Section 3510 of the CARES Act 23 (Public Law 116–136) is amended— 24 (1) in subsection (a), by striking ‘‘national 25 emergency declared’’ and inserting ‘‘national emer- 26 gency related to the coronavirus declared’’; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01346 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1347 1 (2) in subsection (b), by striking ‘‘qualifying 2 emergency’’ and inserting ‘‘emergency or disaster af- 3 fecting the institution as described in subsection 4 (a)’’; 5 (3) in subsection (c), by striking ‘‘qualifying 6 emergency’’ and inserting ‘‘applicable emergency or 7 disaster as described in subsection (a)’’; and 8 (4) in subsection (d)— 9 (A) in paragraph (1)— 10 (i) by striking ‘‘for the duration of a 11 qualifying emergency and the following 12 payment period,’’ and inserting ‘‘with re- 13 spect to a foreign institution, in the case of 14 a public health emergency, major disaster 15 or emergency, or national emergency re- 16 lated to the coronavirus declared by the 17 applicable government authorities in the 18 country in which the foreign institution is 19 located, or in the case of a qualifying 20 emergency,’’; and 21 (ii) by inserting ‘‘, for the duration of 22 the applicable emergency or disaster and 23 the 24 ‘‘1087a et seq.)’’; and 25 (B) in paragraph (4)— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 following payment period,’’ after (763351 3) PO 00000 Frm 01347 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1348 1 (i) by striking ‘‘qualifying emergency’’ 2 and inserting ‘‘applicable emergency or dis- 3 aster’’; and 4 (ii) by striking the period at the end 5 and inserting ‘‘, the name of the institution 6 of higher education located in the United 7 States that has entered into a written ar- 8 rangement with such foreign institution, 9 and information regarding the nature of 10 such written arrangement, including which 11 coursework or program requirements are 12 accomplished at each respective institu- 13 tion.’’. 14 (b) EFFECTIVE DATE.—The amendments made by 15 subsection (a) shall take effect as if included in the enact16 ment of the CARES Act (Public Law 116–136). 17 FUNDING FOR HBCU CAPITAL FINANCING 18 SEC. 150105. 19 (a) IN GENERAL.—Section 3512(d) of the CARES 20 Act (Public Law 116–136) is amended by striking 21 ‘‘$62,000,000’’ and inserting ‘‘such sums as may be nec22 essary’’. 23 (b) EFFECTIVE DATE.—The amendment made by 24 subsection (a) shall take effect as if included in the enact25 ment of the CARES Act (Public Law 116–136). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01348 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1349 1 WAIVER AUTHORITY FOR INSTITUTIONAL AID 2 SEC. 150106. 3 (a) IN GENERAL.—Section 3517(a)(1)(D) of the 4 CARES Act (Public Law 116–136) is amended by striking 5 ‘‘(b), (c), and (g)’’ and inserting ‘‘(b) and (c)’’. 6 (b) EFFECTIVE DATE.—The amendment made by 7 subsection (a) shall take effect as if included in the enact8 ment of the CARES Act (Public Law 116–136). 9 SCOPE OF MODIFICATIONS TO REQUIRED AND 10 ALLOWABLE USES 11 SEC. 150107. 12 (a) AMENDMENT 13 ENGINEERING AND TO INCLUDE MINORITY SCIENCE IMPROVEMENT PROGRAM.—Sub- 14 section (a) of section 3518 of the CARES Act (Public Law 15 116–136) is amended— 16 (1) by striking ‘‘part A or B of title III,’’ and 17 inserting ‘‘part A, part B, or subpart 1 of part E 18 of title III,’’; and 19 (2) by inserting ‘‘1067 et seq.;’’ after ‘‘1060 et 20 seq.;’’. 21 (b) AMENDMENT 22 ITY.—Section TO CLARIFY SCOPE OF AUTHOR- 3518 of the CARES Act (Public Law 116– 23 136) is amended by adding at the end the following new 24 subsection: 25 ‘‘(d) SCOPE OF AUTHORITY.—Notwithstanding sub- 26 section (a), the Secretary may not modify the required or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01349 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1350 1 allowable uses of funds for grants awarded under a statu2 tory provision cited in subsection (a) in a manner that 3 deviates from the overall purpose of the grant program, 4 as provided in the general authorization, findings, or pur5 pose of the grant program under the applicable statutory 6 provision cited in such subsection.’’. 7 (c) EFFECTIVE DATE.—The amendments made by 8 this section shall take effect as if included in the enact9 ment of the CARES Act (Public Law 116–136). 10 Subtitle B—Financial Aid Access 11 EMERGENCY FINANCIAL AID GRANTS EXCLUDED FROM 12 NEED ANALYSIS 13 SEC. 150108. 14 (a) TREATMENT 15 GRANTS FOR OF EMERGENCY FINANCIAL AID NEED ANALYSIS.—Notwithstanding any 16 provision of the Higher Education Act of 1965 (20 U.S.C. 17 1001 et seq.), emergency financial aid grants— 18 (1) shall not be included as income or assets 19 (including untaxed income and benefits under sec- 20 tion 480(b) of the Higher Education Act of 1965 21 (20 U.S.C. 1807vv(b))) in the computation of ex- 22 pected family contribution for any program funded 23 in whole or in part under the Higher Education Act 24 of 1965 (20 U.S.C. 1001 et seq.); and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01350 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1351 1 (2) shall not be treated as estimated financial 2 assistance for the purposes of section 471 or section 3 480(j) of the Higher Education Act of 1965 (20 4 U.S.C. 1087kk; 1087vv(j)). 5 (b) DEFINITION.—In this section, the term ‘‘emer- 6 gency financial aid grant’’ means— 7 (1) an emergency financial aid grant awarded 8 by an institution of higher education under section 9 3504 of the CARES Act (Public Law 116–136); 10 (2) an emergency financial aid grant from an 11 institution of higher education made with funds 12 made available under section 18004 of the CARES 13 Act (Public Law 116–136); and 14 (3) any other emergency financial aid grant to 15 a student from a Federal agency, a State, an Indian 16 tribe, an institution of higher education, or a schol- 17 arship-granting organization (including a tribal or- 18 ganization, as defined in section 4 of the Indian 19 Self-Determination and Education Assistance Act 20 (25 U.S.C. 5304)) for the purpose of providing fi- 21 nancial relief to students enrolled at institutions of 22 higher education in response to a qualifying emer- 23 gency. 24 FACILITATING ACCESS TO FINANCIAL AID FOR RECENTLY 25 UNEMPLOYED STUDENTS 26 SEC. 150109. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01351 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1352 1 (a) TREATMENT AS DISLOCATED WORKER.— 2 (1) IN section 3 479(d)(1) of the Higher Education Act of 1965 (20 4 U.S.C. 1087ss(d)(1)), any individual who has ap- 5 plied for, or who is receiving, unemployment benefits 6 at the time of the submission of a FAFSA for a cov- 7 ered award year shall be treated as a dislocated 8 worker for purposes of the need analysis under part 9 F of title IV such Act (20 U.S.C. 1087kk et seq.) 10 applicable to such award year. 11 12 (2) INFORMATION TUTIONS.—The TO APPLICANTS AND INSTI- Secretary— 13 (A) in consultation with institutions of 14 higher education, shall carry out activities to in- 15 form applicants for Federal student financial 16 aid under the Higher Education Act of 1965 17 (20 U.S.C. 1001 et seq.)— 18 (i) of the treatment of individuals who 19 have applied for, or who are receiving, un- 20 employment benefits as dislocated workers 21 under paragraph (1); and 22 (ii) of the availability of means-tested 23 Federal benefits for which such applicants 24 may be eligible; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Notwithstanding 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01352 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1353 1 (B) shall carry out activities to inform in- 2 stitutions of higher education of the authority 3 of such institutions, with explicit written con- 4 sent of an applicant for Federal student finan- 5 cial aid under the Higher Education Act of 6 1965 (20 U.S.C. 1001 et seq.), to provide infor- 7 mation collected from such applicant’s FAFSA 8 to an organization assisting the applicant in ap- 9 plying for and receiving Federal, State, local, or 10 tribal assistance in accordance with section 312 11 of the Department of Defense and Labor, 12 Health and Human Services, and Education 13 Appropriations Act, 2019 and Continuing Ap- 14 propriations Act, 2019 (Public Law 115–245); 15 and 16 (C) in consultation with the Secretary of 17 Labor, shall carry out activities to inform appli- 18 cants for, and recipients of, unemployment ben- 19 efits of the availability of Federal student finan- 20 cial aid under the Higher Education Act of 21 1965 (20 U.S.C. 1001 et seq.) and the treat- 22 ment of such applicants and recipients as dis- 23 located workers under paragraph (1). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01353 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1354 1 (3) IMPLEMENTATION.—The Secretary shall 2 implement this subsection not later than 30 days 3 after the date of enactment of this Act. 4 (4) APPLICABILITY.—Paragraph (1) shall apply 5 with respect to a FAFSA submitted on or after the 6 earlier of— 7 (A) the date on which the Secretary imple- 8 ments this subsection under paragraph (3); or 9 (B) the date that is 30 days after the date 10 11 of enactment of this Act. (b) PROFESSIONAL JUDGMENT OF FINANCIAL AID 12 ADMINISTRATORS.—The guidance of the Secretary titled 13 ‘‘Update on the use of ‘Professional Judgment’ by Finan14 cial Aid Administrators’’ (DCL ID: GEN–09–05), as in 15 effect on May 8, 2009, shall apply— 16 (1) to the exercise of professional judgement by 17 financial aid administrators pursuant to section 18 479A of the Higher Education Act of 1965 (20 19 U.S.C. 1087tt) with respect to any FAFSA for a 20 covered award year; and 21 (2) to the selection of institutions for program 22 reviews pursuant to section 498A of the Higher 23 Education Act of 1965 (20 U.S.C. 1099c–1) for a 24 covered award year. 25 (c) DEFINITIONS.—In this section: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01354 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1355 1 2 (1) COVERED term ‘‘cov- ered award year’’ means— 3 (A) an award year during which there is a 4 qualifying emergency; and 5 (B) the first award year beginning after 6 the end of such qualifying emergency. 7 (2) MEANS-TESTED FEDERAL BENEFIT.—The 8 term ‘‘means-tested Federal benefit’’ includes the 9 following: 10 (A) The supplemental security income pro- 11 gram under title XVI of the Social Security Act 12 (42 U.S.C. 1381 et seq.). 13 (B) The supplemental nutrition assistance 14 program under the Food and Nutrition Act of 15 2008 (7 U.S.C. 2011 et seq.). 16 (C) The free and reduced price school 17 lunch program established under the Richard 18 B. Russell National School Lunch Act (42 19 U.S.C. 1751 et seq.). 20 (D) The program of block grants for 21 States for temporary assistance for needy fami- 22 lies established under part A of title IV of the 23 Social Security Act (42 U.S.C. 601 et seq.). 24 (E) The special supplemental nutrition 25 program for women, infants, and children es- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AWARD YEAR.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01355 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1356 1 tablished by section 17 of the Child Nutrition 2 Act of 1966 (42 U.S.C. 1786). 3 (F) The Medicaid program under title XIX 4 of the Social Security Act (42 U.S.C. 1396 et 5 seq.). 6 (G) The tax credits provided under the fol- 7 lowing sections of the Internal Revenue Code of 8 1986 (title 26, United States Code): 9 (i) Section 25A (relating to American 10 Opportunity and Lifetime Learning cred- 11 its). 12 (ii) Section 32 (relating to earned in- 13 come). 14 (iii) Section 36B (relating to refund- 15 able credit for coverage under a qualified 16 health plan). 17 (iv) Section 6428 (relating to 2020 re- 18 covery rebates for individuals). 19 (H) Federal housing assistance programs, 20 including tenant-based assistance under section 21 8(o) of the United States Housing Act of 1937 22 (42 U.S.C. 1437f(o)), and public housing, as 23 defined in section 3(b)(1) of such Act (42 24 U.S.C. 1437a(b)(1)). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01356 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1357 1 (I) Such other Federal means-tested bene- 2 fits as may be identified by the Secretary. 3 STUDENT ELIGIBILITY FOR HIGHER EDUCATION EMER- 4 GENCY RELIEF FUND AND OTHER HIGHER EDU- 5 CATION FUNDS 6 SEC. 150110. 7 (a) IN GENERAL.—With respect to student eligibility 8 for receipt of funds provided under section 18004 of the 9 CARES Act (Public Law 116–136) and under title VI of 10 division A of this Act— 11 (1) the Secretary is prohibited from imposing 12 any restriction on, or defining, the populations of 13 students who may receive such funds other than a 14 restriction based solely on the student’s enrollment 15 at the institution of higher education; and 16 (2) section 401(a) the Personal Responsibility 17 and Work Opportunity Reconciliation Act of 1996 (8 18 U.S.C. 1611(a)) shall not apply. 19 (b) EFFECTIVE DATE.—Subsection (a) shall take ef- 20 fect as if included in the enactment of the CARES Act 21 (Public Law 116–136), and an institution of higher edu22 cation that provided funds to a student before the date 23 of enactment of this Act shall not be penalized if such 24 provision is consistent with such subsection and section 25 18004 of the CARES Act (Public Law 116–136). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01357 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1358 1 DEFINITION OF DISTANCE EDUCATION 2 SEC. 150111. 3 (a) IN GENERAL.—Except as otherwise provided in 4 title IV of the Higher Education Act of 1965 (20 U.S.C. 5 1070 et seq.), for purposes of such title, the term ‘‘dis6 tance education’’ means education that uses technology— 7 (1) to deliver instruction to students enrolled at 8 an institution of higher education who are separated 9 from the instructor or instructors; and 10 (2) to support regular and substantive inter- 11 action between the students and the instructor or in- 12 structors, either synchronously or asynchronously. 13 (b) TECHNOLOGY.—For purposes of subsection (a), 14 the technologies that may be used to offer distance edu15 cation include— 16 (1) the internet; 17 (2) one-way and two-way transmissions through 18 open broadcast, closed circuit, cable, microwave, 19 broadband lines, fiber optics, satellite, or wireless 20 communications devices; 21 (3) audio conferencing; and 22 (4) other media used in a course in conjunction 23 with any of the technologies listed in paragraphs (1) 24 through (3). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01358 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1359 1 (c) INSTRUCTOR.—For purposes of subsection (a), an 2 instructor is an individual responsible for delivering course 3 content and who meets the qualifications for instruction 4 established by the institution of higher education’s accred5 iting agency. 6 (d) SUBSTANTIVE INTERACTION.—For purposes of 7 subsection (a), substantive interaction is engaging stu8 dents in teaching, learning, and assessment, consistent 9 with the content under discussion, and also includes at 10 least two of the following: 11 (1) Providing direct instruction. 12 (2) Assessing or providing feedback on a stu- 13 dent’s coursework. 14 (3) Providing information or responding to 15 questions about the content of a course or com- 16 petency. 17 18 (4) Facilitating a group discussion regarding the content of a course or competency. 19 (5) Other instructional activities approved by 20 the institution of higher education’s or program’s ac- 21 crediting agency. 22 (e) REGULAR INTERACTION.—For purposes of sub- 23 section (a), an institution ensures regular interaction be24 tween a student and an instructor or instructors by, prior 25 to the student’s completion of a course or competency— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01359 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1360 1 (1) providing the opportunity for substantive 2 interactions with the student on a predictable and 3 regular basis commensurate with the length of time 4 and the amount of content in the course or com- 5 petency; and 6 (2) monitoring the student’s academic engage- 7 ment and success and ensuring that an instructor is 8 responsible for promptly and proactively engaging in 9 substantive interaction with the student when need- 10 ed, on the basis of such monitoring, or upon request 11 by the student. 12 (f) EFFECTIVE DATE.—This section shall be effective 13 for any semester (or the equivalent) that begins on or after 14 August 15, 2020, and shall cease to be effective at the 15 end of the 2020–2021 award year. 16 INSTITUTIONAL STABILIZATION PROGRAM 17 SEC. 150112. 18 (a) AUTHORITY TO PARTICIPATE.—Notwithstanding 19 paragraph (1) or (2) of section 498(c) of the Higher Edu20 cation Act of 1965 (20 U.S.C. 1099c(c)), an eligible insti21 tution described in subsection (b) may, in lieu of submit22 ting a letter of credit in accordance with section 23 498(c)(3)(A) of such Act, submit an application under 24 subsection (c)(1) to enter into a COVID–19 provisional 25 program participation agreement in accordance with sub- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01360 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1361 1 section (d) to provide the Secretary with satisfactory evi2 dence of its financial responsibility. 3 (b) ELIGIBLE INSTITUTION DESCRIBED.—An eligible 4 institution described in this subsection is a private non5 profit institution of higher education that— 6 (1) either— 7 (A) has a composite score of less than 1.0 8 for the institutional fiscal year ending in 2019, 9 as determined under section 668.171(b)(1) of 10 title 34, Code of Federal Regulations; or 11 (B) on the date of an application under 12 subsection (c)(1), has (or anticipates having) a 13 composite score of less than 1.0 for the institu- 14 tional fiscal year ending in 2020, as determined 15 under section 668.171(b)(1) of title 34, Code of 16 Federal Regulations; 17 (2) during award year 2018–2019— 18 (A) offered on-campus classes; and 19 (B) qualified for participation in a pro- 20 gram under title IV of the Higher Education 21 Act of 1965 (20 U.S.C. 1070 et seq.); and 22 (3) on the date of the application under sub- 23 section (c)(1), has a liquidity level of less than or 24 equal to 180 days. 25 (c) APPLICATION.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01361 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1362 1 (1) IN eligible institution desir- 2 ing to enter into a COVID–19 provisional program 3 participation agreement under subsection (d), shall, 4 not later than December 31, 2020, submit to the 5 Secretary an application that includes— 6 (A) the estimated liquidity level of the eli- 7 gible institution on the date of the application 8 and an assurance that such liquidity level will 9 be attested to in accordance with paragraph 10 (2); 11 (B) an assurance that such eligible institu- 12 tion will submit a record-management plan in 13 accordance with paragraph (3); and 14 (C) an assurance that such eligible institu- 15 tion will submit a teach-out plan in accordance 16 with paragraph (4); and 17 (D) an assurance that such eligible institu- 18 tion will submit reports on teach-out agree- 19 ments and sufficient progress made on such 20 agreements 21 (d)(3), as applicable. 22 (2) AUDITOR in accordance with ATTESTATION.—Not subsection later than 60 23 days after submitting an application under para- 24 graph (1), an eligible institution shall submit to the 25 Secretary an auditor attestation of the liquidity level g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—An 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01362 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1363 1 of such eligible institution on the date such institu- 2 tion submitted such application pursuant to an audit 3 conducted by a qualified independent organization or 4 person in accordance with standards established by 5 the American Institute of Certified Public Account- 6 ants. 7 (3) RECORD-MANAGEMENT 8 (A) IN GENERAL.—Not later than 60 days 9 after submitting an application under para- 10 graph (1), an eligible institution shall submit to 11 the Secretary a record-management plan ap- 12 proved by the accrediting agency of such eligi- 13 ble institution that includes— 14 (i) a plan for the custody, including 15 by the State authorizing agency, and the 16 disposition of— 17 (I) a teach-out plan and teach- 18 out agreement records, as applicable; 19 and 20 (II) student records, including 21 student transcripts, billing, and finan- 22 cial aid records; 23 (ii) an estimate of the costs necessary 24 to carry out such record-management plan; 25 and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PLAN.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01363 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1364 1 (iii) a financial plan to provide fund- 2 ing for such costs. 3 (B) ASSURANCE.—An eligible institution 4 that submits a record-management plan under 5 subparagraph (A) shall include an assurance to 6 the Secretary that, in the case of the closure of 7 such eligible institution, such eligible institu- 8 tion— 9 (i) will release all financial holds 10 placed on student records; and 11 (ii) for the 3-year period beginning on 12 the date of the closure of such eligible in- 13 stitution, will not require a student en- 14 rolled in such eligible institution on the 15 date of such closure (and students with- 16 drawn from such eligible institution in the 17 120 days prior to such date) who requests 18 the student records of such student to pur- 19 chase such records or otherwise charge 20 such student a fee with respect to such 21 records. 22 (C) REPORT.—Not later than 60 days 23 after submitting an application under para- 24 graph (1), an eligible institution shall submit 25 the record-management plan required under g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01364 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1365 1 subparagraph (A) and the assurance under sub- 2 paragraph (B) to the accrediting agency and 3 State authorizing agency of such eligible insti- 4 tution. 5 (4) TEACH-OUT later than 60 days 6 after submitting an application under paragraph (1), 7 an eligible institution shall submit a teach-out plan 8 approved by the accrediting agency of such eligible 9 institution to the Secretary and the State author- 10 izing agency of such eligible institution. 11 (5) LETTER OF CREDIT DURING PENDING AP- 12 PLICATION.—Notwithstanding 13 of the Higher Education Act of 1965 (20 U.S.C. 14 1099c(c)(3)(A)), the Secretary may not use the com- 15 posite score of an eligible institution (as determined 16 under section 668.171(b)(1) of title 34, Code of 17 Federal Regulations) to require the eligible institu- 18 tion to submit a new letter of credit or increase the 19 value of an existing letter of credit while the institu- 20 tion has an application pending under paragraph 21 (1). 22 (6) NOTIFICATION section 498(c)(3)(A) OF APPLICATION AND STA- 23 TUS.—The 24 iting agency and State authorizing agency of such 25 institution— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PLAN.—Not 12:13 May 12, 2020 Jkt 000000 eligible institution shall notify the accred- (763351 3) PO 00000 Frm 01365 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1366 1 (A) that the institution has submitted an 2 application under paragraph (1) to the Sec- 3 retary not later than 10 days after submitting 4 such application; and 5 (B) of the final acceptance or denial of 6 such application not later than 5 days after re- 7 ceiving a final decision from the Secretary. 8 (7) APPLICATION Secretary 9 shall accept or deny an application under paragraph 10 (1) not later than 10 days after the date on which 11 an eligible institution completes all of the submission 12 requirements under paragraphs (2), (3), and (4). 13 (d) COVID–19 PROVISIONAL PROGRAM PARTICIPA- 14 AGREEMENT.— TION 15 (1) AUTHORITY TO ENTER AGREEMENT.—The 16 Secretary may enter into a COVID–19 provisional 17 program participation agreement under this sub- 18 section with an eligible institution that submits an 19 application under subsection (c)(1) on or before De- 20 cember 31, 2020, only if the Secretary has re- 21 ceived— 22 (A) an auditor attestation under subsection 23 (c)(2) that such eligible institution has a liquid- 24 ity level of less than or equal to 180 days on g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DECISION.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01366 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1367 1 the date of the application of such eligible insti- 2 tution under subsection (c)(1); 3 (B) a record-management plan with re- 4 spect to such eligible institution in accordance 5 with subsection (c)(3); and 6 (C) a teach-out plan with respect to such 7 eligible institution in accordance with sub- 8 section (c)(4). 9 (2) PARTICIPATION enter- 10 ing into a COVID–19 provisional program participa- 11 tion agreement with an eligible institution under this 12 subsection, the Secretary shall require such eligible 13 institution— 14 (A) if such eligible institution has a liquid- 15 ity level of less than or equal to 90 days on the 16 date of the application of such eligible institu- 17 tion under subsection (c)(1), to submit a teach- 18 out agreement (or teach-out agreements, as ap- 19 plicable) to the Secretary and to the accrediting 20 agency and State authorizing agency of the in- 21 stitution in accordance with paragraph (3); 22 (B) to report to the Secretary in accord- 23 ance with paragraph (4); 24 (C) to meet the administrative capacity re- 25 quirements under section 498(d) of the Higher g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REQUIREMENTS.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01367 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1368 1 Education Act of 1965 (20 U.S.C. 1099c(d)); 2 and 3 (D) to meet the cash reserves requirements 4 under section 498(c)(6)(A) of the Higher Edu- 5 cation Act of 1965 (20 U.S.C. 1099c(c)(6)(A)). 6 (3) TEACH-OUT 7 (A) SUFFICIENT PROGRESS.—Not later 8 than 30 days after the date on which an eligible 9 institution described in paragraph (2)(A) enters 10 into a COVID–19 provisional program partici- 11 pation agreement under this subsection, such 12 eligible institution shall submit to the Secretary 13 an interim teach-out agreement that provides 14 for the equitable treatment of at least 75 per- 15 cent of enrolled students and a reasonable op- 16 portunity for such students to complete their 17 program of study. 18 (B) ADDENDUM REPORTS.—Not later than 19 15 days after the date on which an eligible in- 20 stitution submits an interim teach-out agree- 21 ment in accordance with subparagraph (A), and 22 every 15 days thereafter, such eligible institu- 23 tion shall submit to the Secretary a report that 24 includes— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AGREEMENTS.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01368 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1369 1 (i) the percentage of students enrolled 2 in such eligible institution that are covered 3 by a teach-out agreement; 4 (ii) the increase in the percentage of 5 students covered by such an agreement, as 6 compared to the most recently submitted 7 report; and 8 (iii) such other information as the 9 Secretary or accrediting agency of the eli- 10 gible institution may require, including the 11 progress of such eligible institution in 12 meeting any benchmarks set by such ac- 13 crediting agency related to the percentage 14 of students that should be covered by such 15 an agreement. 16 (C) TEACH-OUT 17 On the date agreed to by the eligible institution, 18 the accrediting agency of such eligible institu- 19 tion, and the Secretary under a COVID–19 20 provisional program participation agreement 21 under this subsection, such eligible institution 22 shall submit to the Secretary and to the accred- 23 iting agency and State authorizing agency of 24 the institution a teach-out agreement (or agree- 25 ments, as applicable) that— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AGREEMENT REQUIRED.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01369 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1370 1 (i) provides for the equitable treat- 2 ment of all enrolled students and a reason- 3 able opportunity for such students to com- 4 plete their program of study; 5 (ii) includes— 6 (I) a list of all students enrolled 7 in such eligible institution on the date 8 such eligible institution submitted an 9 application under subsection (c)(1) 10 (and students withdrawn from such 11 eligible institution in the 120 days 12 prior to such date), including the 13 name, contact information, program 14 of study, program requirements com- 15 pleted, and estimated date of program 16 completion of each such student; 17 (II) the amount of any unearned 18 tuition, 19 fees, and refunds due to each such 20 student; balances, student 21 (III) a plan to notify each such 22 student, in the case of the closure of 23 such eligible institution, of— 24 (aa) the process for obtain- 25 ing a closed school discharge g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 account 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01370 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1371 1 under section 437(c)(1) of the 2 Higher Education Act of 1965 3 (20 U.S.C. 1087(c)(1)), using 4 standard language developed by 5 the Secretary under subsection 6 (f), and the benefits and con- 7 sequences of such discharge; 8 (bb) if applicable, informa- 9 tion on institutional and State 10 refund policies; 11 (cc) the teach-out institution 12 or institutions available to enroll 13 such student; 14 (dd) the tuition and fees of 15 the educational program offered 16 by each such teach-out institution 17 and the number and types of 18 credit each such teach-out insti- 19 tution will accept prior to the en- 20 rollment of such student; and 21 (ee) the record-management 22 plan submitted in accordance 23 with subsection (c)(3). 24 (D) DECREASE 25 12:13 May 12, 2020 the case of an eligible institution that enters into a g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 IN LIQUIDITY.—In Jkt 000000 (763351 3) PO 00000 Frm 01371 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1372 1 COVID–19 provisional program participation 2 agreement under this subsection and has a li- 3 quidity level of greater than 90 days on the 4 date of the application of such eligible institu- 5 tion under subsection (c)(1), if the Secretary 6 determines such eligible institution has declined 7 such that the liquidity level of such eligible in- 8 stitution is consistently less than or equal to 90 9 days, the Secretary may require such eligible in- 10 stitution to submit a teach-out agreement (or 11 agreements, as applicable) to the Secretary in 12 accordance with subparagraph (C). 13 (4) REPORTING 14 (A) ELIGIBLE INSTITUTIONS WITH A LI- 15 QUIDITY LEVEL OF LESS THAN OR EQUAL TO 90 16 DAYS.—In 17 scribed in paragraph (2)(A), the Secretary shall 18 require such eligible institution to report to the 19 Secretary the liquidity level and total student 20 enrollment of such eligible institution not less 21 than once every 15 days, until such eligible in- 22 stitution closes or no longer participates in a 23 COVID–19 provisional program participation 24 agreement under this subsection. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REQUIREMENTS.— 12:13 May 12, 2020 Jkt 000000 the case of an eligible institution de- (763351 3) PO 00000 Frm 01372 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1373 1 (B) ELIGIBLE 2 QUIDITY LEVEL OF GREATER THAN 90 DAYS.— 3 In the case of an eligible institution that enters 4 into a COVID–19 provisional program partici- 5 pation agreement under this subsection and has 6 a liquidity level of greater than 90 days on the 7 date of the application of such eligible institu- 8 tion under subsection (c)(1), the Secretary shall 9 require such eligible institution to report to the 10 Secretary the liquidity level and total student 11 enrollment of such eligible institution not less 12 than once every 30 days, until such eligible in- 13 stitution closes or no longer participates in a 14 COVID–19 provisional program participation 15 agreement under this subsection. 16 (C) ALL ELIGIBLE INSTITUTIONS.—All eli- 17 gible institutions that enter into a COVID–19 18 provisional program participation agreement 19 under this subsection shall comply with the re- 20 porting requirements under paragraph (2) of 21 section 668.175(d) of title 34, Code of Federal 22 Regulations (as such paragraph is in effect on 23 the date of enactment of this section). 24 (5) LETTER 25 12:13 May 12, 2020 OF CREDIT DURING AGREEMENT.— The Secretary may not require an eligible institution g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 INSTITUTIONS WITH A LI- Jkt 000000 (763351 3) PO 00000 Frm 01373 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1374 1 that enters into a COVID–19 provisional program 2 participation agreement under this subsection to 3 submit a new letter of credit or increase the value 4 of an existing letter of credit for the duration of the 5 agreement. 6 (6) DURATION COVID–19 7 provisional program participation agreement under 8 this subsection may only be entered into for a period 9 less than or equal to the period— 10 (A) beginning on the first date of the 11 agreement; and 12 (B) ending on the last day of the first full 13 award year that begins after the date described 14 in subparagraph (A). 15 (7) RENEWAL.— 16 (A) IN GENERAL.—A COVID–19 provi- 17 sional program participation agreement under 18 this subsection may be renewed for 1 award 19 year subsequent to the award year described in 20 paragraph (6)(B), and shall expire no later 21 than June 30, 2022. 22 (B) AUTHORITY TO EXTEND RENEWAL PE- 23 RIOD.—Notwithstanding 24 the Secretary determines that an extension of 25 renewal authority is in the best interest of the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF AGREEMENT.—A 12:13 May 12, 2020 Jkt 000000 subparagraph (A), if (763351 3) PO 00000 Frm 01374 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1375 1 eligible institutions with a COVID–19 provi- 2 sional program participation agreement under 3 this subsection, the Secretary may permit 4 COVID–19 provisional program participation 5 agreement under this subsection to be renewed, 6 on an annual basis, for not more than 3 total 7 consecutive award years subsequent to the 8 award year described in paragraph (6)(B), pro- 9 vided that no agreement under this subsection 10 shall expire later than June 30, 2024. 11 (C) RECALCULATION 12 eligible institution desiring to renew a COVID– 13 19 provisional program participation agreement 14 shall— 15 (i) submit to the Secretary the liquid- 16 ity level of the institution on the last day 17 of the most recent fiscal year of the eligible 18 institution, to be used for purposes of such 19 an agreement; and 20 (ii) not later than 60 days after sub- 21 mitting such liquidity level under clause 22 (i), have such liquidity level attested to in 23 accordance with subsection (c)(2). 24 25 (8) DISCONTINUATION 12:13 May 12, 2020 OF AGREEMENT.—The participation of an eligible institution in a COVID– g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF LIQUIDITY.—An Jkt 000000 (763351 3) PO 00000 Frm 01375 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1376 1 19 provisional program participation agreement 2 under this subsection— 3 (A) may be discontinued at any time at the 4 request of the eligible institution; 5 (B) shall be discontinued by the Secretary 6 if such eligible institution receives a composite 7 score of 1.0 or greater for the most recent insti- 8 tutional fiscal year, as determined under section 9 668.171(b)(1) of title 34, Code of Federal Reg- 10 ulations; and 11 (C) shall have no affect on the eligibility of 12 the institution to participate in a program par- 13 ticipation agreement under section 487(a) of 14 the Higher Education Act of 1965 (20 U.S.C. 15 1094) after the COVID–19 provisional program 16 participation agreement under this subsection 17 has expired or been discontinued. 18 (9) TO PARTICIPATING INSTITU- 19 TIONS.—From 20 able, subject to appropriation, under subsection (j), 21 the Secretary may award a grant to an eligible insti- 22 tution that enters into a COVID–19 provisional pro- 23 gram participation agreement under this subsection 24 to carry out the requirements of such agreement and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GRANTS 12:13 May 12, 2020 Jkt 000000 the amounts authorized to be avail- (763351 3) PO 00000 Frm 01376 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1377 1 provide for the increased economic stability of such 2 eligible institution. 3 (10) REGULATORY AUTHORITY.—Except as 4 otherwise provided in this subsection, the Secretary 5 shall have the same authority with respect to a 6 COVID–19 provisional program participation agree- 7 ment under this subsection as the Secretary has 8 with respect to a program participation agreement 9 under subparagraphs (B), (F), and (G) of section 10 487(c)(1) (20 U.S.C. 1099(c)(1)). 11 (e) PARTICIPATION IN TITLE IV PROGRAM.—An eli- 12 gible institution that enters into a COVID–19 provisional 13 program participation agreement under subsection (d) 14 may participate in programs under title IV of the Higher 15 Education Act of 1965 (20 U.S.C. 1070 et seq.) only if 16 such eligible institution submits to the Secretary (and the 17 accrediting agency of such eligible institution, as applica18 ble) the agreements and reports applicable to such eligible 19 institution under paragraphs (3) and (4) of subsection (d). 20 (f) STANDARD LANGUAGE.—Not later than 30 days 21 after the date of the enactment of this section, the Sec22 retary shall publish standard language relating to closed 23 school discharges for purposes of subsection 24 (d)(3)(C)(ii)(III)(aa). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01377 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1378 1 (g) REPORTS TO CONGRESS.—Not later than 90 days 2 after the date of the enactment of this section and every 3 90 days thereafter until the date on which every COVID– 4 19 provisional program participation agreement under this 5 subsection has expired or been terminated, or until June 6 30, 2024, whichever is earlier, the Secretary shall submit 7 to the authorizing committees a report that includes a 8 summary of each COVID–19 provisional program partici9 pation agreement entered into or renewed in the preceding 10 90 days by the Secretary under this section, including the 11 name, total student enrollment, and liquidity level of the 12 institution. 13 (h) AUTOMATIC CLOSED SCHOOL DISCHARGE.— 14 (1) AUTOMATIC 15 respect to a borrower described in paragraph (2), 16 the Secretary shall, without any further action by 17 the borrower, discharge the liability of the borrower 18 with respect to each of the borrower’s loans (includ- 19 ing the interest and collection fees) described in 20 paragraph (2)(A) in accordance with this subsection. 21 (2) BORROWER REQUIREMENTS.—A borrower 22 described in this subparagraph is a borrower who— 23 (A) was enrolled for a period of enrollment 24 at an eligible institution that was participating g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DISCHARGE REQUIRED.—With 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01378 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1379 1 in a COVID–19 provisional program participa- 2 tion agreement under subsection (d), and— 3 (i) was unable to complete such period 4 of enrollment due to the closure of the in- 5 stitution; or 6 (ii) withdrew from the eligible institu- 7 tion— 8 (I) not more than 120 days be- 9 fore the closure of the eligible institu- 10 tion; or 11 (II) if the Secretary determines 12 an extension of the 120-day period de- 13 scribed in subclause (I) is necessary 14 due to exceptional circumstances re- 15 lated to the closure of the institution, 16 during the extended period deter- 17 mined by the Secretary; 18 (B) has one or more loans— 19 (i) made under title IV of the Higher 20 Education Act of 1965 (20 U.S.C. 1070 et 21 seq.) for a program of study at the eligible 22 institution described in subparagraph (A); 23 and 24 (ii) that have not been discharged by 25 the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 Secretary pursuant to section (763351 3) PO 00000 Frm 01379 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1380 1 437(c)(1) or section 464(g)(1) of the High- 2 er Education Act of 1965 (20 U.S.C. 3 1087(c)(1); 1087dd(g)(1)); and 4 (C) during the 3-year period beginning on 5 the date of the closure of the eligible institution 6 described in subparagraph (A), has not enrolled 7 in any institution of higher education that par- 8 ticipates in a program under title IV of the 9 Higher Education Act of 1965 (20 U.S.C. 1070 10 et seq.). 11 (3) REPORT.—Beginning on the date that is 3 12 years after the date of enactment of this Act and 13 every 180 days thereafter, the Secretary shall report 14 to the authorizing committees the number of loans 15 discharged in accordance with this subsection, and 16 any amounts recovered by the Secretary in accord- 17 ance with the authority of the Secretary to pursue 18 claims under section 437(c)(1) or section 464(g)(1) 19 of the Higher Education Act of 1965 (20 U.S.C. 20 1087(c)(1); 1087dd(g)(1)). 21 (i) DEFINITIONS.—In this section: 22 (1) LIQUIDITY term ‘‘liquidity 23 level’’ means, with respect to an eligible institution, 24 the number of days such eligible institution can op- 25 erate based on available resources, as determined in g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 LEVEL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01380 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1381 1 accordance with the Financial Accounting Standards 2 Board update entitled ‘‘No. 2016–14 Not-for-Profit 3 Entities (Topic 958)’’ and dated August, 2016. 4 (2) AGREEMENT.—The term 5 ‘‘teach-out agreement’’ means a written agreement 6 between an eligible institution and one or more 7 teach-out institutions that is in accordance with the 8 requirements in section 496(c)(6) of the Higher 9 Education Act of 1965 (20 U.S.C. 1099b(c)(6)) and 10 that provides for the equitable treatment of students 11 and a reasonable opportunity for students to com- 12 plete their program of study if such eligible institu- 13 tion, or an institutional location that provides 100 14 percent of at least one program offered by such eli- 15 gible institution, ceases to operate or plans to cease 16 operations before all such enrolled students have 17 completed their program of study. 18 (3) TEACH-OUT INSTITUTION.—The term 19 ‘‘teach-out institution’’ means an institution of high- 20 er education that— 21 (A) is not subject to a COVID–19 provi- 22 sional program participation agreement under 23 this section; 24 (B) shows no evidence of significant prob- 25 lems (including financial responsibility or ad- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TEACH-OUT 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01381 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1382 1 ministrative capability) that affect, as deter- 2 mined by the Secretary, the institution’s ability 3 to administer a program under title IV of the 4 Higher Education Act of 1965 (20 U.S.C. 1070 5 et seq.); 6 (C) is not required to pay any material 7 debt, as determined by the Secretary, or incur 8 any material liability, as determined by the Sec- 9 retary, arising from a judgment in a judicial 10 proceeding, an administrative proceeding or de- 11 termination, or settlement; 12 (D) is not involved in a lawsuit by a Fed- 13 eral or State authority for financial relief on 14 claims related to the making of loans under 15 part D of title IV of the Higher Education Act 16 of 1965 (20 U.S.C. 1087a et seq.); 17 (E) has the necessary experience, re- 18 sources, and capacity, including support serv- 19 ices, to enroll students and provide an edu- 20 cational program of acceptable quality that is 21 reasonably similar in content and delivery, and 22 to the extent practicable, scheduling, to that 23 provided by the eligible institution that enters 24 into an agreement with such teach-out institu- 25 tion; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01382 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1383 1 (F) during the five most recent award 2 years, has not been subject to a denial, with- 3 drawal, suspension, or termination of accredita- 4 tion by an accrediting agency or association rec- 5 ognized by the Secretary. 6 (4) TEACH-OUT PLAN.—The term ‘‘teach-out 7 plan’’ means a written plan developed by an eligible 8 institution that provides for the equitable treatment 9 of students if such eligible institution, or an institu- 10 tional location that provides 100 percent of at least 11 one program offered by the eligible institution, 12 ceases to operate or plans to cease operations before 13 all enrolled students have completed their program 14 of study. 15 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 16 authorized to be appropriated $300,000,000 to carry out 17 subsection (d)(9). 18 Subtitle C—Federal Student Loan Relief 19 PART A—TEMPORARY RELIEF FOR FEDERAL 20 STUDENT BORROWERS UNDER THE CARES ACT 21 EXPANDING LOAN RELIEF TO ALL FEDERAL STUDENT 22 LOAN BORROWERS 23 SEC. 150113. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01383 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1384 1 Section 3502(a) of division A of the Coronavirus Aid, 2 Relief, and Economic Security Act (Public Law 116–136) 3 is amended— 4 (1) by redesignating paragraphs (2) through 5 (5) as paragraphs (3) through (6), respectively; and 6 (2) by inserting after paragraph (1) the fol- 7 lowing: 8 9 ‘‘(2) FEDERAL LOAN.—The term ‘Federal student loan’ means a loan— 10 ‘‘(A) made under part D, part B, or part 11 E of title IV of the Higher Education Act of 12 1965 (20 U.S.C. 1070 et seq.), and held by the 13 Department of Education; 14 ‘‘(B) made, insured, or guaranteed under 15 part B of such title, or made under part E of 16 such title, and not held by the Department of 17 Education; or 18 ‘‘(C) made under— 19 ‘‘(i) subpart II of part A of title VII 20 of the Public Health Service Act (42 21 U.S.C. 292q et seq.); or 22 ‘‘(ii) part E of title VIII of the Public 23 Health Service Act (42 U.S.C. 297a et 24 seq.).’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 STUDENT 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01384 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1385 1 EXTENDING THE LENGTH OF BORROWER RELIEF DUE TO 2 THE CORONAVIRUS EMERGENCY 3 SEC. 150114. 4 Section 3513 of division A of the Coronavirus Aid, 5 Relief, and Economic Security Act (Public Law 116–136) 6 is amended— 7 (1) by amending subsection (a) to read as fol- 8 lows: 9 ‘‘(a) SUSPENSION OF PAYMENTS.— 10 ‘‘(1) IN the period begin- 11 ning on March 13, 2020, and ending on September 12 30, 2021, the Secretary or, as applicable, the Sec- 13 retary of Health and Human Services, shall suspend 14 all payments due on Federal student loans. 15 ‘‘(2) TRANSITION PERIOD.—For one additional 16 30-day period beginning on the day after the last 17 day of the suspension period described in subsection 18 (a), the Secretary or, as applicable, the Secretary of 19 Health and Human Services, shall ensure that any 20 missed payments on a Federal student loan by a 21 borrower during such additional 30-day period— 22 ‘‘(A) do not result in collection fees or pen- 23 alties associated with late payments; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—During 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01385 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1386 1 ‘‘(B) are not reported to any consumer re- 2 porting agency or otherwise impact the bor- 3 rower’s credit history. 4 ‘‘(3) PAYMENT 5 ACTIVE APPLICABILITY.— 6 ‘‘(A) IN GENERAL.—By not later than 60 7 days after the date of enactment of the HE- 8 ROES Act, the Secretary or, as applicable, the 9 Secretary of Health and Human Services, shall, 10 for each Federal student loan defined in sub- 11 paragraph (B) or (C) of section 3502(a)(2)— 12 ‘‘(i) determine the amount of principal 13 due on such loan (or that would have been 14 due in the absence of being voluntarily 15 paid by the holder of such loan) during the 16 period beginning March 13, 2020, and 17 ending on such date of enactment; and 18 ‘‘(ii) refund the amount of principal 19 calculated under subparagraph (A), by— 20 ‘‘(I) paying the holder of the loan 21 the amount of the principal calculated 22 under subparagraph (A), to be applied 23 to the loan balance for the borrower 24 of such loan; or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REFUND IN LIEU OF RETRO- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01386 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1387 1 ‘‘(II) if there is no outstanding 2 balance or payment due on the loan 3 as of the date on which the refund is 4 to be provided, providing a payment 5 in the amount of the principal cal- 6 culated under subparagraph (A) di- 7 rectly to the borrower. 8 ‘‘(B) PRINCIPAL.—In this paragraph, the 9 term ‘principal’ includes any late charges or 10 fees. 11 ‘‘(4) RECERTIFICATION.—A borrower who is re- 12 paying a Federal student loan pursuant to in an in- 13 come-contingent 14 455(d)(1)(D) of the Higher Education Act of 1965 15 (20 U.S.C. 1087e(d)(1)(D)) or an income-based re- 16 payment plan under section 493C of such Act (20 17 U.S.C. 1098e) shall not be required to recertify the 18 income or family size of the borrower under such 19 plan prior to December 31, 2021.’’; plan under section 20 (2) in subsection (c), by striking ‘‘part D or B 21 of title IV of the Higher Education Act of 1965 (20 22 U.S.C. 1087a et seq.; 1071 et seq.)’’ and inserting 23 ‘‘part B, D, or E of title IV of the Higher Education 24 Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.; 25 1087aa et seq.)’’; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 repayment 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01387 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1388 1 (3) in subsection (d), by striking ‘‘During the 2 period in which the Secretary suspends payments on 3 a loan under subsection (a), the Secretary’’ and in- 4 serting ‘‘During the period in which payments on a 5 Federal student loan are suspended under subsection 6 (a), the Secretary or, as applicable, the Secretary of 7 Health and Human Services’’; 8 (4) in subsection (e), by striking ‘‘During the 9 period in which the Secretary suspends payments on 10 a loan under subsection (a), the Secretary’’ and in- 11 serting ‘‘During the period in which payments on a 12 Federal student loan are suspended under subsection 13 (a), the Secretary or, as applicable, the Secretary of 14 Health and Human Services’’; and 15 (5) in subsection (f), by striking ‘‘the Sec- 16 retary’’ and inserting ‘‘the Secretary or, as applica- 17 ble, the Secretary of Health and Human Services,’’.’’ 18 NO INTEREST ACCRUAL 19 SEC. 150115. 20 Section 3513(b) of division A of the Coronavirus Aid, 21 Relief, and Economic Security Act (Public Law 116–136) 22 is amended to read as follows: 23 ‘‘(b) PROVIDING INTEREST RELIEF.— 24 ‘‘(1) NO 25 ‘‘(A) IN 26 12:13 May 12, 2020 GENERAL.—During the period de- scribed in subparagraph (D), interest on a Fed- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ACCRUAL OF INTEREST.— Jkt 000000 (763351 3) PO 00000 Frm 01388 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1389 1 eral student loan shall not accrue or shall be 2 paid by the Secretary (or the Secretary of 3 Health and Human Services) during— 4 ‘‘(i) the repayment period of such 5 loan; 6 ‘‘(ii) any period excluded from the re- 7 payment period of such loan (including any 8 period of deferment or forbearance); 9 ‘‘(iii) any period in which the bor- 10 rower of such loan is in a grace period; or 11 ‘‘(iv) any period in which the borrower 12 of such loan is in default on such loan. 13 ‘‘(B) DIRECT 14 EDUCATION 15 LOANS.—For 16 terest shall not accrue on a Federal student 17 loan described in section 3502(a)(2)(A). 18 HELD FFEL AND PERKINS purposes of subparagraph (A), in- ‘‘(C) FFEL AND PERKINS LOANS NOT 19 HELD BY THE DEPARTMENT OF EDUCATION 20 AND HHS LOANS.—For 21 graph (A)— purposes of subpara- 22 ‘‘(i) in the case of a Federal student 23 loan defined in section 3502(a)(2)(B), the 24 Secretary shall pay, on a monthly basis, 25 the amount of interest due on the unpaid g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 LOANS AND DEPARTMENT OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01389 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1390 1 principal of such loan to the holder of such 2 loan, except that any payments made 3 under this clause shall not affect payment 4 calculations under section 438 of the High- 5 er Education Act of 1965 (20 U.S.C. 6 1087–1); and 7 ‘‘(ii) in the case of a Federal student 8 loan defined in section 3502(a)(2)(C), the 9 Secretary of Health and Human Services 10 shall pay, on a monthly basis, the amount 11 of interest due on the unpaid principal of 12 such loan to the holder of such loan. 13 ‘‘(D) PERIOD 14 ‘‘(i) IN GENERAL.—The period de- 15 scribed in this clause is the period begin- 16 ning on March 13, 2020, and ending on 17 the later of— 18 ‘‘(I) September 30, 2021; or 19 ‘‘(II) the day following the date 20 of enactment of the HEROES Act 21 that is 2 months after the national U– 22 5 measure of labor underutilization 23 shows initial signs of recovery. 24 ‘‘(ii) DEFINITIONS.—In this subpara- 25 graph: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DESCRIBED.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01390 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1391 1 ‘‘(I) NATIONAL U–5 2 LABOR 3 term ‘national U–5 measure of labor 4 underutilization’ means the season- 5 ally-adjusted, monthly U–5 measure 6 of labor underutilization published by 7 the Bureau of Labor Statistics. 8 UNDERUTILIZATION.—The ‘‘(II) INITIAL 9 ERY.—The SIGNS OF RECOV- term ‘initial signs of recov- 10 ery’ means that the average national 11 U–5 measure of labor underutilization 12 for months in the most recent 3-con- 13 secutive-month period for which data 14 are available— 15 ‘‘(aa) is lower than the high- 16 est value of the average national 17 U–5 measure of labor under- 18 utilization for a 3-consecutive- 19 month period during the period 20 beginning in March 2020 and the 21 most recent month for which 22 data from the Bureau of Labor 23 Statistics are available by an 24 amount that is equal to or great- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MEASURE OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01391 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1392 1 er than one-third of the dif- 2 ference between— 3 ‘‘(AA) the highest value 4 of the average national U–5 5 measure 6 utilization for a 3-consecu- 7 tive-month 8 such period; and labor period under- during 9 ‘‘(BB) the value of the 10 average national U–5 meas- 11 ure of labor underutilization 12 for the 3-consecutive-month 13 period ending in February 14 2020; and 15 ‘‘(bb) has decreased for each 16 month during the most recent 2 17 consecutive months for which 18 data from the Bureau of Labor 19 Statistics are available. 20 ‘‘(E) OTHER 21 DEFINITIONS.—In this para- graph: 22 ‘‘(i) DEFAULT.—The term ‘default’— 23 ‘‘(I) in the case of a Federal stu- 24 dent loan made, insured, or guaran- 25 teed under part B or D of the Higher g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 of 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01392 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1393 1 Education Act of 1965, has the mean- 2 ing given such term in section 435(l) 3 of the Higher Education Act of 1965 4 (20 U.S.C. 1085); 5 ‘‘(II) in the case of a Federal 6 student loan made under part E of 7 the Higher Education Act of 1965, 8 has the meaning given such term in 9 section 674.2 of title 34, Code of Fed- 10 eral Regulations (or successor regula- 11 tions); or 12 ‘‘(III) in the case of a Federal 13 student 14 3502(a)(2)(C), has the meaning given 15 such term in section 721 or 835 of 16 the Public Health Service Act (42 17 U.S.C. 292q, 297a), as applicable. 18 ‘‘(ii) 19 GRACE defined in PERIOD.—The section term ‘grace period’ means— 20 ‘‘(I) in the case of a Federal stu- 21 dent loan made, insured, or guaran- 22 teed under part B or D of the Higher 23 Education Act of 1965, the 6-month 24 period after the date the student 25 ceases to carry at least one-half the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 loan 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01393 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1394 1 normal full-time academic workload, 2 as described in section 428(b)(7) of 3 the Higher Education Act of 1965 (20 4 U.S.C. 1078(b)(7)); 5 ‘‘(II) in the case of a Federal 6 student loan made under part E of 7 the Higher Education Act of 1965, 8 the 9-month period after the date on 9 which a student ceases to carry at 10 least one-half the normal full-time 11 academic workload, as described in 12 section 464(c)(1)(A) of the Higher 13 Education Act of 1965 (20 U.S.C. 14 1087dd(c)(1)(A)); and 15 ‘‘(III) in the case of a Federal 16 student 17 3502(a)(2)(C), the 1-year period de- 18 scribed in section 722(c) of the Public 19 Health 20 292r(c)) or the 9-month period de- 21 scribed in section 836(b)(2) of such 22 Act (42 U.S.C. 297b(b)(2)), as appli- 23 cable. 24 ‘‘(iii) 25 12:13 May 12, 2020 Service defined Act REPAYMENT in (42 section U.S.C. PERIOD.—The term ‘repayment period’ means— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 loan Jkt 000000 (763351 3) PO 00000 Frm 01394 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1395 1 ‘‘(I) in the case of a Federal stu- 2 dent loan made, insured, or guaran- 3 teed under part B or D of the Higher 4 Education Act of 1965, the repayment 5 period described in section 428(b)(7) 6 of the Higher Education Act of 1965 7 (20 U.S.C. 1078(b)(7)); 8 ‘‘(II) in the case of a Federal 9 student loan made under part E of 10 the Higher Education Act of 1965, 11 the repayment period described in sec- 12 tion 464(c)(4) of the Higher Edu- 13 cation 14 1087dd(c)(4)); or 15 of 1965 (20 U.S.C. ‘‘(III) in the case of a Federal 16 student 17 3502(2)(C), the repayment period de- 18 scribed in section 722(c) or 836(b)(2) 19 of the Public Health Service Act (42 20 U.S.C. 292r(c), 297b(b)(2)), as appli- 21 cable. 22 ‘‘(2) INTEREST loan defined in section REFUND IN LIEU OF RETRO- 23 ACTIVE APPLICABILITY.—By 24 after the date of enactment of the HEROES Act, 25 the Secretary or, as applicable, the Secretary of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 Act 12:13 May 12, 2020 Jkt 000000 not later than 60 days (763351 3) PO 00000 Frm 01395 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1396 1 Health and Human Services, shall, for each Federal 2 student loan defined in subparagraph (B) or (C) of 3 section 3502(a)(2)— 4 ‘‘(A) determine the amount of interest due 5 (or that would have been due in the absence of 6 being voluntarily paid by the holder of such 7 loan) on such loan during the period beginning 8 March 13, 2020, and ending on such date of 9 enactment; and 10 ‘‘(B) refund the amount of interest cal- 11 culated under clause (i), by— 12 ‘‘(i) paying the holder of the loan the 13 amount of the interest calculated under 14 subparagraph (A), to be applied to the 15 loan balance for the borrower of such loan; 16 or 17 ‘‘(ii) if there is no outstanding balance 18 or payment due on the loan as of the date 19 on which the refund is to be provided, pro- 20 viding a payment in the amount of the in- 21 terest calculated under clause (i) directly 22 to the borrower. 23 24 ‘‘(3) SUSPENSION TION.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 OF INTEREST CAPITALIZA- Jkt 000000 (763351 3) PO 00000 Frm 01396 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1397 1 ‘‘(A) IN GENERAL.—With respect to any 2 Federal student loan, interest that accrued but 3 had not been paid prior to March 13, 2020, and 4 had not been capitalized as of such date, shall 5 not be capitalized. 6 ‘‘(B) TRANSITION.—The Secretary or, as 7 applicable, the Secretary of Health and Human 8 Services, shall ensure that any interest on a 9 Federal student loan that had been capitalized 10 in violation of subparagraph (A) is corrected 11 and the balance of principal and interest due 12 for the Federal student loan is adjusted accord- 13 ingly.’’. 14 NOTICE TO BORROWERS 15 SEC. 150116. 16 Section 3513(g) of division A of the Coronavirus Aid, 17 Relief, and Economic Security Act (Public Law 116–136) 18 is amended— 19 (1) in the matter preceding paragraph (1), by 20 striking ‘‘the Secretary’’ and inserting ‘‘the Sec- 21 retary or, as applicable, the Secretary of Health and 22 Human Services,’’; 23 24 (2) in paragraph (1)(D), by striking the period and inserting a semicolon; 25 (3) in paragraph (2)— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01397 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1398 1 (A) in the matter preceding subparagraph 2 (A), by striking ‘‘August 1, 2020’’ and insert- 3 ing ‘‘August 1, 2021’’; and 4 (B) by amending subparagraph (B) to read 5 as follows: 6 ‘‘(B) that— 7 ‘‘(i) a borrower of a Federal student 8 loan made, insured, or guaranteed under 9 part B or D of title IV of the Higher Edu- 10 cation Act of 1965 may be eligible to enroll 11 in an income-contingent repayment plan 12 under section 455(d)(1)(D) of the Higher 13 Education 14 1087e(d)(1)(D)) or an income-based repay- 15 ment plan under section 493C of such Act 16 (20 U.S.C. 1098e), including a brief de- 17 scription of such repayment plans; and of 1965 (20 U.S.C. 18 ‘‘(ii) in the case of a borrower of a 19 Federal student loan defined in section 20 3502(a)(2)(C) or made under part E of 21 title IV of the Higher Education of 1965, 22 the borrower may be eligible to enroll in 23 such a repayment plan if the borrower con- 24 solidates such loan with a loan described in 25 clause (i) of this subparagraph, and re- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 Act 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01398 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1399 1 ceives a Federal Direct Consolidation Loan 2 under part D of the Higher Education of 3 1965 (20 U.S.C. 1087a et seq.); and’’; and 4 (C) by adding at the end the following: 5 ‘‘(3) in a case in which the accrual of interest 6 on Federal student loans is suspended under sub- 7 section (b)(1) beyond September 30, 2021, during 8 the 2-month period beginning on the date on which 9 the national U–5 measure of labor underutilization 10 shows initial signs of recovery (as such terms are de- 11 fined in subsection (b)(1)(D)) carry out a program 12 to provide not less than 6 notices by postal mail, 13 telephone, or electronic communication to bor- 14 rowers— 15 ‘‘(A) indicating when the interest on Fed- 16 eral student loans of the borrower will resume 17 accrual and capitalization; and 18 ‘‘(B) the information described in para- 19 graph (2)(B).’’. 20 WRITING DOWN BALANCES FOR FEDERAL STUDENT LOAN 21 BORROWERS 22 SEC. 150117. 23 Section 3513 of division A of the Coronavirus Aid, 24 Relief, and Economic Security Act (Public Law 116–136), 25 as amended by this part, is further amended by adding 26 at the end the following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01399 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1400 1 2 ‘‘(h) WRITING DOWN BALANCES DENT FEDERAL STU- LOAN BORROWERS.— 3 ‘‘(1) IN GENERAL.—Not later than 30 days 4 after the date of enactment of the HEROES Act, 5 the Secretary shall cancel or repay an amount on 6 the outstanding balance due (including the unpaid 7 principal amount, any accrued interest, and any fees 8 or charges) on the Federal student loans defined in 9 subparagraphs (A) and (B) of section 3502(a)(2) of 10 a borrower that is equal to the lesser of— 11 ‘‘(A) $10,000; or 12 ‘‘(B) the total outstanding balance due on 13 such loans of the borrower. 14 ‘‘(2) APPLICATION.—Unless otherwise re- 15 quested by the borrower in writing, a cancellation or 16 repayment under paragraph (1) shall be applied — 17 ‘‘(A) in the case of a borrower whose loans 18 have different applicable rates of interest, first 19 toward the outstanding balance due on the loan 20 with the highest applicable rate of interest 21 among such loans; and 22 ‘‘(B) in the case of a borrower of loans 23 that have the same applicable rates of interest, 24 first toward the outstanding balance of prin- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01400 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1401 1 cipal due on the loan with the highest principal 2 balance among such loans. 3 ‘‘(3) DATA TO IMPLEMENT.—Contractors of the 4 Secretary, and holders of Federal student loans, 5 shall report, to the satisfaction of the Secretary the 6 information necessary to carry out this subsection. 7 ‘‘(4) TAXATION.—For purposes of the Internal 8 Revenue Code of 1986, in the case of any cancella- 9 tion or repayment of indebtedness under this sub- 10 section with respect to any borrower: 11 ‘‘(A) EXCLUSION FROM GROSS INCOME.— 12 No amount shall be included in the gross in- 13 come of such borrower by reason of such can- 14 cellation or repayment. 15 ‘‘(B) WAIVER OF INFORMATION REPORT- 16 ING REQUIREMENTS.—Amounts 17 gross income under subparagraph (A) shall not 18 be required to be reported (and shall not be 19 taken into account in determining whether any 20 reporting requirement applies) under chapter 21 61 of such Code.’’. 22 excluded from IMPLEMENTATION 23 SEC. 150118. 24 Section 3513 of division A of the Coronavirus Aid, 25 Relief, and Economic Security Act (Public Law 116–136), g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01401 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1402 1 as amended by this part, is further amended by adding 2 at the end the following: 3 ‘‘(i) IMPLEMENTATION.— 4 ‘‘(1) INFORMATION 5 ‘‘(A) IN GENERAL.—To facilitate imple- 6 mentation of this section, information for the 7 purposes described in subparagraph (B), shall 8 be reported— 9 ‘‘(i) by the holders of Federal student 10 loans defined in section 3502(a)(2)(B) to 11 the satisfaction of the Secretary; and 12 ‘‘(ii) by the holders of Federal student 13 loans defined in section 3502(a)(2)(C) to 14 the satisfaction of the Secretary of Health 15 and Human Services. 16 ‘‘(B) PURPOSES.—The purposes of the in- 17 formation reported under subparagraph (A) are 18 to— 19 ‘‘(i) verify, at the borrower level, the 20 payments that are provided or suspended 21 under this section; and 22 ‘‘(ii) calculate the amount of any in- 23 terest due to the holder for reimbursement 24 of interest under subsection (b). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 VERIFICATION.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01402 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1403 1 ‘‘(2) COORDINATION.—The Secretary shall co- 2 ordinate with the Secretary of Health and Human 3 Services to carry out the provisions of this section 4 with respect to Federal student loans defined in sec- 5 tion 3502(a)(2)(C).’’. 6 EFFECTIVE DATE 7 SEC. 150119. 8 This part, and the amendments made by this part, 9 shall take effect as if enacted as part of the Coronavirus 10 Aid, Relief, and Economic Security Act (Public Law 116– 11 136). 12 PART B—CONSOLIDATION LOANS AND PUBLIC 13 SERVICE LOAN FORGIVENESS 14 SPECIAL RULES RELATING TO FEDERAL DIRECT 15 CONSOLIDATION LOANS 16 SEC. 150120. 17 (a) SPECIAL RULES RELATING TO FEDERAL DIRECT 18 CONSOLIDATION LOANS AND PSLF.— 19 20 (1) PUBLIC TION ON CONSOLIDATION APPLICATION.— 21 (A) IN GENERAL.—During the period de- 22 scribed in subsection (e), the Secretary shall— 23 (i) include, in any application for a 24 Federal Direct Consolidation Loan under 25 part D of title IV of the Higher Education 26 Act of 1965 (20 U.S.C. 1087a et seq,), an g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 SERVICE LOAN FORGIVENESS OP- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01403 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1404 1 option for the borrower to indicate that the 2 borrower intends to participate in the pub- 3 lic service loan forgiveness program under 4 section 455(m) of such Act (20 U.S.C. 5 1087e(m)); and 6 (ii) for each borrower who submits an 7 application for a Federal Direct Consolida- 8 tion Loan, without regard to whether the 9 borrower indicates the intention described 10 in clause (i)— 11 (I) request that the borrower 12 submit a certification of employment; 13 and 14 (II) after receiving a complete 15 certification of employment— 16 (aa) carry out the require- 17 ments of paragraph (2); and 18 (bb) inform the borrower of 19 the number of qualifying monthly 20 payments made on the compo- 21 nent loans before consolidation 22 that shall be deemed, in accord- 23 ance with paragraph (2)(D), to 24 be qualifying monthly payments g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01404 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1405 1 made on the Federal Direct Con- 2 solidation Loan. 3 (B) HOLD Secretary 4 may not change or otherwise rescind a calcula- 5 tion made under paragraph (2)(D) after in- 6 forming the borrower of the results of such cal- 7 culation under subparagraph (A)(ii)(II)(bb). 8 (2) PROCESS 9 TO DETERMINE QUALIFYING PAY- MENTS FOR PURPOSES OF PSLF.—Upon receipt of a 10 complete certification of employment under para- 11 graph (1)(A)(ii)(II) of a borrower who receives a 12 Federal Direct Consolidation Loan described in 13 paragraph (1)(A), the Secretary shall— 14 (A) review the borrower’s payment history 15 to identify each component loan of such Federal 16 Direct Consolidation Loan; 17 (B) for each such component loan— 18 (i) calculate the weighted factor of the 19 component loan, which shall be the factor 20 that represents the portion of such Federal 21 Direct Consolidation Loan that is attrib- 22 utable to such component loan; and 23 (ii) determine the number of quali- 24 fying monthly payments made on such 25 component loan before consolidation; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 HARMLESS.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01405 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1406 1 (C) calculate the number of qualifying 2 monthly payments determined under subpara- 3 graph (B)(ii) with respect to a component loan 4 that shall be deemed as qualifying monthly pay- 5 ments made on the Federal Direct Consolida- 6 tion Loan by multiplying— 7 (i) the weighted factor of such compo- 8 nent loan as determined under subpara- 9 graph (B)(i), by 10 (ii) the number of qualifying monthly 11 payments made on such component loan as 12 determined under subparagraph (B)(ii); 13 and 14 (D) calculate the total number of quali- 15 fying monthly payments with respect to the 16 component loans of the Federal Direct Consoli- 17 dation Loan that shall be deemed as qualifying 18 monthly payments made on such Federal Direct 19 Consolidation Loan by— 20 (i) adding together the result of each 21 calculation made under subparagraph (C) 22 with respect to each such component loan; 23 and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01406 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1407 1 (ii) rounding the number determined 2 under clause (i) to the nearest whole num- 3 ber. 4 5 (3) DEFINITIONS.—For purposes of this subsection: 6 (A) CERTIFICATION 7 The term ‘‘certification of employment’’, used 8 with respect to a borrower, means a certifi- 9 cation of the employment of the borrower in a 10 public service job (as defined in section 11 455(m)(3)(B) of the Higher Education Act of 12 1965) on or after October 1, 2007. 13 (B) COMPONENT LOAN.—The term ‘‘com- 14 ponent loan’’, used with respect to a Federal 15 Direct Consolidation Loan, means each loan for 16 which the liability has been discharged by the 17 proceeds of the Federal Direct Consolidation 18 Loan, which— 19 (i) may include a loan that is not an 20 eligible Federal Direct Loan (as defined in 21 section 455(m)(3)(A) of the Higher Edu- 22 cation Act of 1965); and 23 (ii) in the case of a subsequent con- 24 solidation loan, only includes loans for 25 which the liability has been directly dis- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF EMPLOYMENT.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01407 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1408 1 charged by such subsequent consolidation 2 loan. 3 (C) FEDERAL CONSOLIDATION 4 LOAN.—The 5 tion Loan’’ means a Federal Direct Consolida- 6 tion Loan made under part D of title IV of the 7 Higher Education Act of 1965 (20 U.S.C. 8 1087a et seq.). 9 term ‘‘Federal Direct Consolida- (D) QUALIFYING 10 MONTHLY PAYMENT.— (i) COMPONENT LOAN.—The term 11 ‘‘qualifying monthly payment’’, used with 12 respect to a component loan, means a 13 monthly payment on such loan made by a 14 borrower, during a period of employment 15 in a public service job (as defined in sec- 16 tion 455(m)(3)(B) of the Higher Edu- 17 cation 18 1087e(m)(3)(B)) on or after October 1, 19 2007, pursuant to— Act of 1965 (20 U.S.C. 20 (I) a repayment plan under part 21 B, D, or E of title IV of the Higher 22 Education Act of 1965 (20 U.S.C. 23 1071 et seq.; 1087a et seq.; 1087aa et 24 seq.); or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DIRECT 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01408 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1409 1 (II) in the case of a loan made 2 under subpart II of part A of title VII 3 of the Public Health Service Act or 4 under part E of title VIII of the Pub- 5 lic Health Service Act, a repayment 6 plan under title VII or VIII of such 7 Act. 8 (ii) FEDERAL 9 LOAN.—The DIRECT CONSOLIDATION term ‘‘qualifying monthly pay- 10 ment’’, used with respect to a Federal Di- 11 rect Consolidation Loan, means a monthly 12 payment on such loan that counts as 1 of 13 the 120 monthly payments described in 14 section 455(m)(1)(A) of the Higher Edu- 15 cation 16 1087e(m)(3)(B)). 17 Act of 1965 (b) SPECIAL RULES RELATING TO (20 U.S.C. FEDERAL DIRECT 18 CONSOLIDATION LOANS AND ICR AND IBR.— 19 (1) IN the period described 20 in subsection (e), with respect to a borrower who re- 21 ceives a Federal Direct Consolidation Loan and who 22 intends to repay such loan under an income-contin- 23 gent repayment plan under section 455(d)(1)(D) of 24 the Higher Education Act of 1965 (20 U.S.C. 25 1087e(d)(1)(D)) or an income-based repayment plan g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—During 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01409 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1410 1 under section 493C of such Act (20 U.S.C. 1098e), 2 the Secretary shall— 3 (A) review the borrower’s payment history 4 to identify each component loan of such Federal 5 Direct Consolidation Loan; 6 (B) for each such component loan— 7 (i) calculate the weighted factor of the 8 component loan, which shall be the factor 9 that represents the portion of such Federal 10 Direct Consolidation Loan that is attrib- 11 utable to such component loan; and 12 (ii) determine the number of quali- 13 fying monthly payments made on such 14 component loan before consolidation; 15 (C) calculate the number of qualifying 16 monthly payments determined under subpara- 17 graph (B)(ii) with respect to a component loan 18 that shall be deemed as qualifying monthly pay- 19 ments made on the Federal Direct Consolida- 20 tion Loan by multiplying— 21 (i) the weighted factor of such compo- 22 nent loan as determined under subpara- 23 graph (B)(i), by 24 (ii) the number of qualifying monthly 25 payments made on such component loan as g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01410 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1411 1 determined under subparagraph (B)(ii); 2 and 3 (D) calculate and inform the borrower of 4 the total number of qualifying monthly pay- 5 ments with respect to the component loans of 6 the Federal Direct Consolidation Loan that 7 shall be deemed as qualifying monthly payments 8 made on such Federal Direct Consolidation 9 Loan by— 10 (i) adding together the result of each 11 calculation made under subparagraph (C) 12 with respect to each such component loan; 13 and 14 (ii) rounding the number determined 15 under clause (i) to the nearest whole num- 16 ber. 17 (2) HOLD Secretary may not 18 change or otherwise rescind a calculation made 19 under paragraph (1)(D) after informing the bor- 20 rower of the results of such calculation under such 21 paragraph. 22 (3) DEFINITIONS.—In this subsection: 23 (A) COMPONENT LOAN; FEDERAL DIRECT 24 CONSOLIDATION LOAN.—The 25 loan’’ and ‘‘Federal Direct Consolidation Loan’’ g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 HARMLESS.—The 12:13 May 12, 2020 Jkt 000000 terms ‘‘component (763351 3) PO 00000 Frm 01411 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1412 1 have the meanings given the terms in sub- 2 section (a). 3 (B) QUALIFYING 4 (i) COMPONENT LOANS.—Subject to 5 clause (ii), the term ‘‘qualifying monthly 6 payment’’, used with respect to a compo- 7 nent loan, means a monthly payment on 8 such loan made by a borrower pursuant 9 to— 10 (I) a repayment plan under part 11 B, D, or E of title IV of the Higher 12 Education Act of 1965 (20 U.S.C. 13 1071 et seq., 1087a et seq., 1087aa et 14 seq.); or 15 (II) in the case of a loan made 16 under subpart II of part A of title VII 17 of the Public Health Service Act (42 18 U.S.C. 292q et seq.) or under part E 19 of title VIII of the Public Health 20 Service Act (42 U.S.C. 297a et seq.), 21 a repayment plan under title VII or 22 VIII of such Act. 23 (ii) CLARIFICATION.— 24 (I) ICR.—For purposes of deter- 25 mining the number of qualifying g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PAYMENT.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01412 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1413 1 monthly payments made on a compo- 2 nent loan pursuant to an income-con- 3 tingent repayment plan under section 4 455(d)(1)(D) of the Higher Education 5 Act 6 1087e(d)(1)(D)), each month a bor- 7 rower is determined to meet the re- 8 quirements of section 455(e)(7)(B)(i) 9 of such Act with respect to such loan 10 shall be treated as such a qualifying 11 monthly payment. 1965 (20 U.S.C. 12 (II) IBR.—For purposes of de- 13 termining the number of qualifying 14 monthly payments made on a compo- 15 nent loan pursuant to an income- 16 based repayment plan under section 17 493C of such Act (20 U.S.C. 1098e), 18 each month a borrower was deter- 19 mined to meet the requirements of 20 subsection (b)(7)(B) of such section 21 493C with respect to such loan shall 22 be treated as such a qualifying month- 23 ly payment. 24 (iii) FEDERAL 25 TION g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 of 12:13 May 12, 2020 Jkt 000000 LOANS.—The DIRECT CONSOLIDA- term ‘‘qualifying (763351 3) PO 00000 Frm 01413 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1414 1 monthly payment’’, used with respect to a 2 Federal Direct Consolidation Loan, means 3 a monthly payment on such loan that 4 counts as a monthly payment under an in- 5 come-contingent repayment plan under sec- 6 tion 455(d)(1)(D) of the Higher Education 7 Act of 1965 (20 U.S.C. 1087e(d)(1)(D)), 8 or an income-based repayment plan under 9 section 493C of the Higher Education Act 10 of 1965 (20 U.S.C. 1098e). 11 (c) NOTIFICATION TO BORROWERS.— 12 (1) IN the period described 13 in subsection (e), the Secretary and the Secretary of 14 Health and Human Services shall undertake a cam- 15 paign to alert borrowers of a loan described in para- 16 graph (2)— 17 (A) on the benefits of consolidating such 18 loans into a Federal Direct Consolidation Loan, 19 including the benefits of the special rules under 20 subsections (a) and (b) of this section; and 21 (B) under which servicers and holders of 22 Federal student loans shall provide to bor- 23 rowers such consumer information, and in such 24 manner, as determined appropriate by the Sec- 25 retaries, based on conducting consumer testing g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—During 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01414 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1415 1 to determine how to make the information as 2 meaningful to borrowers as possible. 3 (2) FEDERAL 4 STUDENT LOANS.—A loan de- scribed in this paragraph is— 5 (A) a loan made under subpart II of part 6 A of title VII of the Public Health Service Act 7 or under part E of title VIII of such Act; or 8 (B) a loan made under part E of the High- 9 er Education Act of 1965. 10 11 (d) SPECIAL RULE RECT FOR INTEREST ON FEDERAL DI- CONSOLIDATION LOANS.—Any Federal Direct Con- 12 solidation Loan for which the application is received dur13 ing the period described in subsection (e), shall bear inter14 est at an annual rate as calculated under section 15 455(b)(8)(D) of the Higher Education Act of 1965 (20 16 U.S.C. 1087e(b)(8)(D)), without regard to the require17 ment to round the weighted average of the interest rate 18 to the nearest higher one-eighth of one percent. 19 (e) PERIOD.—The period described in this clause is 20 the period beginning on the date of enactment of this Act, 21 and ending on the later of— 22 (1) September 30, 2021; or 23 (2) the day following the date of enactment of 24 this Act that is 2 months after the national U–5 25 measure of labor underutilization shows initial signs g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01415 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1416 1 of recovery (as such terms are defined in section 2 3513(b) of the Coronavirus Aid, Relief, and Eco- 3 nomic Security Act (Public Law 116–136), as 4 amended by this Act)). 5 (f) GAO STUDY 6 RULES ON ON IMPLEMENTATION OF SPECIAL CONSOLIDATION.—Not later than 6 months 7 after the date of enactment of this Act, the Comptroller 8 General of the United States shall submit a report to the 9 authorizing committees (defined in section 103 of the 10 Higher Education Act of 1965 (20 U.S.C. 1003) on the 11 implementation of this section, which shall include— 12 (1) information on borrowers who apply for or 13 receive a Federal Direct Consolidation Loan under 14 part D of the Higher Education Act of 1965 during 15 the 16 disaggregated— described in subsection (e), 17 (A) by borrowers who intend to participate 18 in the public service loan forgiveness program 19 under section 455(m) of such Act (20 U.S.C. 20 1087e(m)); and 21 (B) by borrowers who intend to repay such 22 loans on an income-contingent repayment plan 23 under section 455(d)(1)(D) of the Higher Edu- 24 cation Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 period 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01416 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1417 1 or an income-based repayment plan under sec- 2 tion 493C of such Act (20 U.S.C. 1098e); 3 (2) the extent to which the Secretary has estab- 4 lished procedures for carrying out subsections (a) 5 and (b); 6 (3) the extent to which the Secretary and the 7 Secretary of Health and Human Services have car- 8 ried out the notification to borrowers required under 9 subsection (c); and 10 (4) recommendations on improving the imple- 11 mentation of this section to ensure increased bor- 12 rower participation. 13 TREATMENT OF PSLF 14 SEC. 150121. 15 (a) EXCEPTION FOR PURPOSES OF PSLF LOAN 16 FORGIVENESS.—Section 455(m)(1)(B) of the Higher 17 Education Act of 1965 (20 U.S.C. 1087e(m)(1)(B)) shall 18 apply as if clause (i) were struck. 19 (b) HEALTH CARE PRACTITIONER.—In section 20 455(m)(3)(B)(i) of the Higher Education Act of 1965 (20 21 U.S.C. 1087e(m)(3)(B)(i)), the term ‘‘full-time profes22 sionals engaged in health care practitioner occupations’’ 23 includes an individual who— 24 25 (1) has a full-time job as a health care practitioner; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01417 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1418 1 (2) provides medical services in such full-time 2 job at a nonprofit hospital or public hospital or other 3 nonprofit or public health care facility; and 4 (3) is prohibited by State law from being em- 5 ployed directly by such hospital or other health care 6 facility. 7 PART C—EMERGENCY RELIEF FOR 8 DEFRAUDED BORROWERS 9 EMERGENCY RELIEF FOR DEFRAUDED BORROWERS 10 SEC. 150122. 11 (a) EMERGENCY RELIEF.—An eligible borrower shall 12 be entitled to relief on an eligible loan pursuant to this 13 section. 14 (b) DEFINITIONS.—In this section: 15 16 (1) ELIGIBLE term ‘‘eligible borrower’’ means an individual— 17 (A) who— 18 (i) borrowed an eligible loan to fi- 19 nance the cost of enrollment at an institu- 20 tion of higher education that, according to 21 findings by the Department of Education 22 made on or before the date of enactment 23 of this Act, made a false or misleading rep- 24 resentation with the respect to the job g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BORROWER.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01418 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1419 1 placement rates of such institution of high- 2 er education; and 3 (ii) has not received the relief de- 4 scribed in subsection (c)(1) on such eligible 5 loan; or 6 (B) who— 7 (i) borrowed an eligible loan to fi- 8 nance the cost of enrollment at an institu- 9 tion of higher education that, according to 10 findings by the Department of Education 11 made on or before the date of enactment 12 of this Act, made a false or misleading rep- 13 resentation with respect to guaranteed em- 14 ployment or transferability of credits of 15 such institution of higher education; 16 (ii) in an application to the Secretary 17 for a defense to repayment of such eligible 18 loan, has asserted that the borrower (or 19 the dependent student on whose behalf the 20 eligible borrowed such eligible loan) relied 21 on such false or misleading representation 22 in deciding to enroll in such institution of 23 higher education; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01419 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1420 1 (iii) has not received the relief de- 2 scribed in subsection (c)(1) on such eligible 3 loan. 4 (2) ELIGIBLE LOAN.—The term ‘‘eligible loan’’ 5 means a loan made, insured, or guaranteed under 6 part B or D of title IV of the Higher Education Act 7 of 1965 (20 U.S.C. 1071 et seq.; 1087a et seq.). 8 (c) RELIEF.—With respect to each eligible borrower, 9 the Secretary shall— 10 (1) not later than 45 days after the date of en- 11 actment of this Act, with respect to each eligible 12 loan of the borrower described in subsection (b)(1)— 13 (A) cancel or repay the full balance of in- 14 terest 15 charges) due on such loan; and principal (including fees and 16 (B) return to the borrower an amount 17 equal to the total amount of payments (includ- 18 ing voluntary and involuntary payments) made 19 on the loan by the borrower; 20 (2) not later than 60 days after the date of en- 21 actment of this section, report the cancellation or re- 22 payment under paragraph (1)(A) of each eligible 23 loan to each consumer reporting agency to which the 24 Secretary previously reported the status of the loan, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 and 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01420 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1421 1 so as to delete all adverse credit history assigned to 2 the loan; and 3 (3) not later than 60 days after the date of en- 4 actment of this Act, no longer consider a borrower 5 who has defaulted on a loan cancelled or repaid 6 under this subsection to be in default on such loan. 7 (d) NOTIFICATION.—Not later than 30 days after the 8 date of enactment of this section, the Secretary shall no9 tify (in writing) each eligible borrower of— 10 (1) the relief to which the borrower is entitled 11 pursuant to subsection (c), and when the borrower 12 will receive such relief; 13 (2) the borrower’s eligibility to receive assist- 14 ance under title IV of the Higher Education Act of 15 1965 (20 U.S.C. 1070 et seq.) after receiving relief 16 pursuant to subsection (c); and 17 (3) any further relief to such borrower as the 18 Secretary determines is appropriate. 19 (e) EXPEDIENT ADJUDICATION OF STATE ATTORNEY 20 GENERAL CLAIMS RELATING 21 MENT OF A 22 DEFENSE TO REPAY- LOAN.— (1) IN GENERAL.—The Secretary shall carry 23 out the requirements of paragraph (2) with respect 24 to each claim submitted to the Secretary on or be- 25 fore the date of enactment of this Act by a State at- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01421 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1422 1 torney general on behalf of one or more individuals 2 who— 3 (A) allege that the individual borrowed an 4 eligible loan to finance the cost of enrollment at 5 an institution of higher education whose act or 6 omission the individual may assert as a defense 7 to repayment on such loan under the Higher 8 Education Act of 1965 (20 U.S.C. 1001 et 9 seq.) or under applicable State law; and 10 (B) has not received the relief described in 11 paragraph (2)(B) on such eligible loan. 12 (2) REQUIREMENTS.—The Secretary shall carry 13 out the following with respect to each claim de- 14 scribed in paragraph (1): 15 (A) Not later than 180 days after the date 16 of enactment of this Act, adjudicate each such 17 claim. 18 (B) For each claim for which the State at- 19 torney general proves the facts described in 20 paragraph (1) by a preponderance of the evi- 21 dence, with respect to each individual on whose 22 behalf the claim was submitted, provide the fol- 23 lowing: 24 (i) Not later than 45 days after the 25 date on which such claim is adjudicated, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01422 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1423 1 with respect to each eligible loan described 2 in paragraph (1) of the individual— 3 (I) cancel or repay the full bal- 4 ance of interest and principal (includ- 5 ing fees and charges) due on such 6 loan; and 7 (II) return to the borrower an 8 amount equal to the total amount of 9 payments (including voluntary and in- 10 voluntary payments) made on the loan 11 by the borrower. 12 (ii) Not later than 60 days after the 13 date on which such claim is adjudicated, 14 report the cancellation or repayment under 15 clause (i) of each eligible loan to each con- 16 sumer reporting agency to which the Sec- 17 retary previously reported the status of the 18 loan, so as to delete all adverse credit his- 19 tory assigned to the loan. 20 (iii) Not later than 60 days after the 21 date on which such claim is adjudicated, 22 no longer consider a borrower who has de- 23 faulted on a loan cancelled or repaid under 24 this subparagraph to be in default on such 25 loan. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01423 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1424 1 (C) Not later than 10 days after the date 2 of adjudication under subparagraph (A), with 3 respect to each claim submitted on behalf of not 4 less than 20 individuals, provide detailed re- 5 ports to the authorizing committees, which shall 6 include— 7 (i) any evidence submitted by the 8 State attorney general, which the Secretary 9 relied upon in adjudicating the claim; 10 (ii) any evidence submitted by the 11 State attorney general, which the Secretary 12 did not rely upon in adjudicating the 13 claim; 14 (iii) any other evidence the Secretary 15 relied upon in adjudicating the claim; 16 (iv) a summary of all efforts to co- 17 ordinate with the State attorney general to 18 ensure a fair adjudication; and 19 (v) a detailed legal rationale for the 20 Secretary’s adjudication. 21 (D) For the duration of the adjudication of 22 each claim— 23 (i) suspend any payments owed on 24 any eligible loan that is the subject of such g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01424 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1425 1 claim, including a suspension of any cap- 2 italization of interest; 3 (ii) suspend any involuntary collec- 4 tions on such loan, including collections 5 under— 6 (I) a wage garnishment author- 7 ized under section 488A of the Higher 8 Education Act of 1965 (20 U.S.C. 9 1095a) or section 3720D of title 31, 10 United States Code; 11 (II) a reduction of tax refund by 12 amount of debt authorized under sec- 13 tion 3720A of title 31, United States 14 Code, or section 6402(d) of the Inter- 15 nal Revenue Code of 1986; 16 (III) a reduction of any other 17 Federal benefit payment by adminis- 18 trative offset authorized under section 19 3716 of title 31, United States Code 20 (including a benefit payment due to 21 an individual under the Social Secu- 22 rity Act (42 U.S.C. 301 et seq.) or 23 any other provision described in sub- 24 section (c)(3)(A)(i) of such section); 25 or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01425 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1426 1 (IV) any other involuntary collec- 2 tion activity by the Secretary; and 3 (iii) suspend any interest accrual on 4 such loan. 5 (E) Not later than 10 days after the date 6 of adjudication for which relief is provided 7 under subparagraph (B), notify (in writing) 8 each individual with respect to whom relief is 9 provided of— 10 (i) the relief to which the individual is 11 entitled pursuant to subparagraph (B), 12 and when the individual will receive such 13 relief; 14 (ii) the individual’s eligibility to re- 15 ceive assistance under title IV of the High- 16 er Education Act of 1965 (20 U.S.C. 1070 17 et seq.) after receiving relief pursuant to 18 subparagraph (B); and 19 (iii) any further relief to such bor- 20 rower as the Secretary determines is ap- 21 propriate. 22 (f) INSTITUTIONAL ACCOUNTABILITY.—With respect 23 to each loan cancelled or repaid under this section, the 24 Secretary shall initiate an appropriate proceeding to re25 quire the institution of higher education whose act or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01426 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1427 1 omission resulted in such cancellation or repayment to 2 repay to the Secretary the amount so cancelled or repaid. 3 (g) TAXATION.—For purposes of the Internal Rev- 4 enue Code of 1986, in the case of any relief provided under 5 subsection (c)(1) or (e)(2)(B) with respect to a borrower: 6 (1) EXCLUSION 7 CAPTURE OF TAX BENEFITS.—No 8 included in the gross income of such borrower by 9 reason of such relief and section 111(b) such Code 10 amount shall be shall not apply with respect to such relief. 11 (2) WAIVER OF INFORMATION REPORTING RE- 12 QUIREMENTS.—Amounts 13 come under paragraph (1) shall not be required to 14 be reported (and shall not be taken into account in 15 determining whether any reporting requirement ap- 16 plies) under chapter 61 of such Code. excluded from gross in- 17 Subtitle D—Notifications and Reporting 18 NOTIFICATIONS AND REPORTING RELATING TO HIGHER 19 EDUCATION 20 SEC. 150123. 21 (a) NOTIFICATION 22 OF NON-CARES ACT FLEXIBILI- TIES.— 23 (1) NOTICE 24 GENERAL.—Not later than two days before the date on which the Secretary g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 TO CONGRESS.— (A) IN 25 VerDate Mar 15 2010 FROM GROSS INCOME; NO RE- Jkt 000000 (763351 3) PO 00000 Frm 01427 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1428 1 grants a flexibility described in paragraph (4), 2 the Secretary shall— 3 (i) submit to the authorizing commit- 4 tees a written notification of the Sec- 5 retary’s intent to grant such flexibility; and 6 (ii) publish the notification on a pub- 7 licly accessible website of the Department 8 of Education. 9 (B) ELEMENTS.—Each notification under 10 subparagraph (A) shall— 11 (i) identify the provision of law, regu- 12 lation, or subregulatory guidance to which 13 the flexibility will apply; 14 (ii) identify any limitations on the 15 flexibility, including any time limits; 16 (iii) identify the statutory authority 17 under which the flexibility is provided; 18 (iv) identify the class of covered enti- 19 ties to which the flexibility will apply; 20 (v) identify whether a covered entity 21 will need to request the flexibility or 22 whether the flexibility will be applied with- 23 out request; 24 (vi) in the case of a flexibility that re- 25 quires a covered entity to request the flexi- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01428 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1429 1 bility, identify the factors the Secretary 2 will consider in approving or denying the 3 flexibility; 4 (vii) explain how the flexibility is ex- 5 pected to benefit the covered entity or class 6 of covered entities to which it applies; and 7 (viii) explain the reasons the flexibility 8 is necessary and appropriate due to 9 COVID–19. 10 (2) QUARTERLY later than 10 11 days after the end of each fiscal quarter for the du- 12 ration of the qualifying emergency through the end 13 of the first fiscal year beginning after the conclusion 14 of such qualifying emergency, the Secretary shall 15 submit to the authorizing committees a report that 16 includes, with respect to flexibilities described in 17 paragraph (4) that have been issued by the Sec- 18 retary in the most recently ended fiscal quarter, the 19 following: 20 (A) In the case of a flexibility that was 21 issued by the Secretary without request from a 22 covered entity, an explanation of all require- 23 ments, including reporting requirements, that 24 the Secretary imposed on the covered entity as 25 a condition of the flexibility. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REPORTS.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01429 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1430 1 (B) In the case of a flexibility for which a 2 covered entity requested and received specific 3 approval from the Secretary— 4 (i) identification of the covered entity 5 that received the flexibility; 6 (ii) an explanation of the specific rea- 7 sons for approval of the request; 8 (iii) a detailed description of the 9 terms of the flexibility, including— 10 (I) a description of any limita- 11 tions on the flexibility; and 12 (II) identification of each provi- 13 sion of law (including regulation and 14 subregulatory guidance) that is waived 15 or modified and, for each such provi- 16 sion, the statutory authority under 17 which the flexibility was provided; and 18 (iv) a copy of the final document 19 granting the flexibility. 20 (C) In the case of any request for a flexi- 21 bility that was denied by the Secretary— 22 (i) identification of the covered entity 23 or entities that were denied a flexibility; 24 (ii) a detailed description of the terms 25 of the request for the flexibility; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01430 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1431 1 (iii) an explanation of the specific rea- 2 sons for denial of the request. 3 (3) REPORT 4 FORE ENACTMENT.—Not 5 the date of enactment of this Act, the Secretary 6 shall submit to the authorizing committees a report 7 that— later than 30 days after 8 (A) identifies each flexibility described in 9 paragraph (4) that was granted by the Sec- 10 retary between March 13, 2020, and the date 11 of enactment of this Act; and 12 (B) with respect to each such flexibility, 13 provides the information specified in paragraph 14 (1)(B). 15 (4) FLEXIBILITY DESCRIBED.—A flexibility de- 16 scribed in this paragraph is modification or waiver 17 of any provision of the Higher Education Act of 18 1965 (20 U.S.C. 1001 et seq.) (including any regu- 19 lation or subregulatory guidance issued under such 20 a provision) that the Secretary determines to be nec- 21 essary and appropriate to modify or waive due to 22 COVID–19, other than a provision of the Higher 23 Education Act of 1965 that the Secretary is specifi- 24 cally authorized to modify or waive pursuant to the 25 CARES Act (Public Law 116–136). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ON FLEXIBILITIES GRANTED BE- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01431 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1432 1 (5) PRIVACY.—The Secretary shall ensure that 2 any report or notification submitted under this sub- 3 section does not reveal personally identifiable infor- 4 mation about an individual student. 5 (6) RULE OF CONSTRUCTION.—Nothing in this 6 subsection shall be construed to authorize the Sec- 7 retary to waive or modify any provision of law. 8 (b) REPORTS 9 ERS BY ON EXERCISE INSTITUTIONS OF OF CARES ACT WAIV- HIGHER EDUCATION.—Not 10 later than 30 days after the date of enactment of this Act, 11 each institution of higher education that exercises an au12 thority provided under section 3503(c) (as redesignated 13 by section 150102 of this Act), section 3504, section 3505, 14 section 3508(d), section 3509, or section 3517(b) of the 15 CARES Act (Public Law 116–136) shall submit to the 16 Secretary a report that describes the nature and extent 17 of the institution’s exercise of such authorities, including 18 the number of students and amounts of aid provided under 19 title IV of the Higher Education Act of 1965 (20 U.S.C. 20 1070 et seq.) affected by the exercise of such authorities, 21 as applicable. 22 (c) REPORTS ON CHANGES TO CONTRACTS AND 23 AGREEMENTS.—Not later than 10 days after the end of 24 each fiscal quarter for the duration of the qualifying emer25 gency through the end of the first fiscal year beginning g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01432 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1433 1 after the conclusion of such qualifying emergency, the Sec2 retary shall submit to the authorizing committees a report 3 that includes, for the most recently ended fiscal quarter— 4 (1) a summary of all modifications to any con- 5 tracts with Department of Education contractors re- 6 lating to Federal student loans, including— 7 (A) the contractual provisions that were 8 modified; 9 (B) the names of all contractors affected 10 by the modifications; and 11 (C) estimates of any costs or savings re- 12 sulting from the modifications; 13 (2) a summary of all amendments, addendums, 14 or other modifications to program participation 15 agreements with institutions of higher education 16 under section 487 of the Higher Education Act of 17 1965 (20 U.S.C. 1094), any provisional program 18 participation agreements entered into under such 19 section, and any COVID–19 provisional program 20 participation agreements entered into under section 21 150112 of this Act, including— 22 (A) any provisions of such agreements that 23 were modified by the Department of Education; 24 and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01433 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1434 1 (B) the number of institutions of higher 2 education that received such modifications or 3 entered 4 disaggregated by— such provisional agreements, 5 (i) status as a four-year, two-year, or 6 less-than-two-year public institution, pri- 7 vate nonprofit institution, or proprietary 8 institution; and 9 (ii) each category of minority-serving 10 institution described in section 371(a) of 11 the Higher Education Act (20 U.S.C. 12 1067q); and 13 (3) sample copies of program participation 14 agreements (including provisional agreements), se- 15 lected at random from among the agreements de- 16 scribed in paragraph (2), including at least one 17 agreement from each type of institution (whether a 18 public institution, private nonprofit institution, or 19 proprietary institution) that received a modified or 20 provisional agreement. 21 (d) REPORT TO CONGRESS.— 22 (1) IN GENERAL.—Not later than 90 days after 23 the date of enactment of this Act, the Secretary 24 shall submit to the authorizing committees a report 25 that includes the following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 into 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01434 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1435 1 (A) A summary of the reports received by 2 the Secretary under subsection (b). 3 (B) A description of— 4 (i) the Secretary’s use of the authority 5 under section 3506 of the CARES Act 6 (Public Law 116–136) to adjust subsidized 7 loan usage limits, including the total num- 8 ber of students and the total amount of 9 subsidized loans under title IV of the 10 Higher Education Act of 1965 (20 U.S.C. 11 1070 et seq.) affected by the Secretary’s 12 use of such authority; 13 (ii) the Secretary’s use of the author- 14 ity under section 3507 of the CARES Act 15 (Public Law 116–136) to exclude certain 16 periods from the Federal Pell Grant dura- 17 tion limit, including the total number of 18 students and the total amount of Federal 19 Pell Grants under section 401 of the High- 20 er Education Act of 1965 (20 U.S.C. 21 1070a) affected by the Secretary’s use of 22 such authority; 23 (iii) the Secretary’s use of the author- 24 ity under section 3508 of the CARES Act 25 (Public Law 116–136) to waive certain re- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01435 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1436 1 quirements for the return of Federal 2 funds, including— 3 (I) in the case of waivers issued 4 to students under such section, the 5 total number of students and the total 6 amount of aid under title IV of the 7 Higher Education Act of 1965 (20 8 U.S.C. 1070 et seq.) affected by the 9 Secretary’s use of such authority; and 10 (II) in the case of waivers issued 11 to institutions of higher education 12 under such section, the total number 13 of students and the total amount of 14 aid under title IV of the Higher Edu- 15 cation Act of 1965 (20 U.S.C. 1070 16 et seq.) affected by the Secretary’s 17 use of such authority. 18 (C) A summary of the information re- 19 quired to be reported to the authorizing com- 20 mittees under sections 3510 and 3512 of the 21 CARES Act (Public Law 116–136), as amend- 22 ed by this Act, regardless of whether such infor- 23 mation has previously been reported to such 24 committees as of the date of the report under 25 this subsection. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01436 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1437 1 (D) Information relating to the temporary 2 relief for Federal student loan borrowers pro- 3 vided under section 3513 of the CARES Act 4 (Public Law 116–136), including— 5 (i) with respect to the notifications re- 6 quired under subsection (g)(1) of such sec- 7 tion— 8 (I) the total number of individual 9 notifications sent to borrowers in ac- 10 cordance 11 disaggregated by electronic, postal, 12 and telephonic notifications; such subsection, 13 (II) the total number of notifica- 14 tions described in clause (i) that were 15 sent within the 15-day period speci- 16 fied in such subsection; and 17 (III) the actual costs to the De- 18 partment of Education of making the 19 notifications under such subsection; 20 (ii) the projected costs to the Depart- 21 ment of Education of making the notifica- 22 tions required under subsection (g)(2) of 23 such section; 24 (iii) the number of Federal student 25 loan borrowers who have affirmatively g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 with 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01437 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1438 1 opted-out of payment suspension under 2 subsection (a) of such section; 3 (iv) the number of individual notifica- 4 tions sent to employers directing the em- 5 ployers to halt wage garnishment pursuant 6 to 7 disaggregated by electronic, postal, and tel- 8 ephonic notifications; (e) of such section, 9 (v) the number of Federal student 10 loan borrowers who have had their wages 11 garnished pursuant to section 488A of the 12 Higher Education Act of 1965 (20 U.S.C. 13 1095a) or section 3720D of title 31, 14 United States Code, between March 13, 15 2020, and the date of the date of enact- 16 ment of this Act; 17 (vi) the number of Federal student 18 loan borrowers subject to interest capital- 19 ization as a result of consolidating Federal 20 student loans since March 13, 2020, and 21 the total amount of such interest capital- 22 ization; 23 (vii) the average daily call wait times 24 and call drop rates, disaggregated by stu- 25 dent loan servicer, for the period between g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 subsection 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01438 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1439 1 March 13, 2020, and the date of enact- 2 ment of this Act; and 3 (viii) the estimated or projected sav- 4 ings to the Department of Education for 5 student loan servicing activities for the pe- 6 riod beginning on March 13, 2020, and 7 ending on September 30, 2020, due to 8 lower reimbursement or contract costs per 9 account for student loan servicers and pri- 10 vate collection agencies resulting from the 11 suspension of Federal student loan pay- 12 ments and halt to collection activities 13 under the CARES Act (Public Law 116– 14 136). 15 (E) Information relating to the special 16 rules relating to Federal Direct Consolidation 17 Loans under section 150120 of this Act, includ- 18 ing— 19 (i) the number of borrowers who sub- 20 mitted an application for a Federal Direct 21 Consolidation Loan; 22 (ii) the number of borrowers who re- 23 ceived a Federal Direct Consolidation 24 Loan; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01439 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1440 1 (iii) the wait time between submitting 2 an application and receiving a Federal Di- 3 rect Consolidation Loan. 4 (F) A summary of the information re- 5 quired to be reported to the authorizing com- 6 mittees under section 3517(c) and section 7 3518(c) of the CARES Act (Public Law 116– 8 136), as amended by this Act, regardless of 9 whether such information has previously been 10 reported to such committees as of the date of 11 the report under this subsection. 12 (G) A copy of any communication from the 13 Department of Education to grantees and Fed- 14 eral student loan borrowers eligible for rights 15 and benefits under section 3519 of the CARES 16 Act (Public Law 116–136) to inform such 17 grantees and borrowers of their eligibility for 18 such rights and benefits. 19 (2) DUTY Secretary of Health 20 and Human Services shall provide to the Secretary 21 of Education the information necessary for the Sec- 22 retary of Education to comply with paragraph 23 (1)(D). 24 (e) AMENDMENTS 25 TO CARES ACT REPORTING RE- QUIREMENTS.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF HHS.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01440 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1441 1 (1) REPORTING 2 ITAL 3 3512(c) of the CARES Act (Public Law 116–136) 4 is amended by striking the period at the end and in- 5 serting ‘‘, the terms of the loans deferred, and the 6 schedule for repayment of the deferred loan 7 amount.’’ 8 9 FINANCING (2) REPORTING DEFERMENT.—Section LOAN REQUIREMENT FOR INSTITU- TIONAL AID MODIFICATIONS.—Section 3517(c) of 10 the CARES Act (Public Law 116–136) is amended 11 by striking the period at the end and inserting ‘‘, 12 identifies the statutory provision waived or modified, 13 and describes the terms of the waiver or modifica- 14 tion received by the institution.’’ 15 (3) REPORTING 16 MODIFICATIONS.—Section 17 Act (Public Law 116–136) is amended by striking 18 the period at the end and inserting ‘‘and describes 19 the terms of the modification received by the institu- 20 tion or other grant recipient.’’ 21 (f) DEFINITIONS.—In this section: REQUIREMENT FOR GRANT 3518(c) of the CARES 22 (1) The term ‘‘covered entity’’ means an insti- 23 tution of higher education, a Federal contractor, a 24 student, or any other entity that is subject to the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REQUIREMENT FOR HBCU CAP- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01441 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1442 1 Higher Education Act of 1965 (20 U.S.C. 1001 et 2 seq.). 3 (2) The term ‘‘Federal student loan’’ means a 4 loan described in section 3502(a)(2) of the CARES 5 Act (Public Law 116–136), as amended by this Act. 6 TITLE II—OTHER PROGRAMS 7 Subtitle A—Carl D. Perkins Career and Technical Edu8 cation Act of 2006 and Adult Education and Lit- 9 eracy COVID–19 National Emergency Response 10 DEFINITIONS 11 SEC. 150201. 12 In this subtitle: 13 (1) APPRENTICESHIP; 14 GRAM.—The 15 ticeship program’’ mean an apprenticeship program 16 registered under the Act of August 16, 1937 (com- 17 monly known as the ‘‘National Apprenticeship Act’’) 18 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), 19 including any requirement, standard, or rule promul- 20 gated under such Act, as such requirement, stand- 21 ard, or rule was in effect on December 30, 2019. terms ‘‘apprenticeship’’ and ‘‘appren- 22 (2) CORONAVIRUS.—The term ‘‘coronavirus’’ 23 means coronavirus as defined in section 506 of the 24 Coronavirus Preparedness and Response Supple- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 APPRENTICESHIP PRO- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01442 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1443 1 mental Appropriations Act, 2020 (Public Law 116– 2 123). 3 (3) COVID–19 NATIONAL EMERGENCY.—The 4 term ‘‘COVID–19 national emergency’’ means the 5 national emergency declared by the President under 6 the National Emergencies Act (50 U.S.C. 1601 et 7 seq.) on March 13, 2020, with respect to the 8 coronavirus. 9 (4) SECRETARY.—The term ‘‘Secretary’’ means 10 the Secretary of Education. 11 COVID–19 CAREER AND TECHNICAL EDUCATION 12 RESPONSE FLEXIBILITY 13 SEC. 150202. 14 (a) RETENTION OF FUNDS.—Notwithstanding sec- 15 tion 133(b)(1) of the Carl D. Perkins Career and Tech16 nical Education Act of 2006 (29 U.S.C. 2353(b)(1)), with 17 respect to an eligible recipient that, due to the COVID– 18 19 national emergency, does not expend all of the amounts 19 that the eligible recipient is allocated for academic year 20 2019–2020 under section 131 or 132 of the Carl D. Per21 kins Career and Technical Education Act of 2006 (20 22 U.S.C. 2351; 2352), the eligible agency that allocated 23 such funds to the eligible recipient— 24 (1) may authorize the eligible recipient to retain 25 such amounts to carry out, during academic year 26 2020–2021, any activities described in the applica- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01443 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1444 1 tion of eligible recipient submitted under section 2 134(b) of such Act (29 U.S.C. 2354(b)) that such 3 eligible recipient had intended to carry out during 4 academic year 2019–2020; and 5 (2) shall ensure that a retention of amounts by 6 an eligible recipient under paragraph (1) has no im- 7 pact on the allocation of amounts to such eligible re- 8 cipient under section 131 or 132 of the Carl D. Per- 9 kins Career and Technical Education Act of 2006 10 (20 U.S.C. 2351; 2352) for academic year 2020– 11 2021. 12 (b) POOLING OF FUNDS.—An eligible recipient may, 13 in accordance with section 135(c) of the Carl D. Perkins 14 Career and Technical Education Act of 2006 (20 U.S.C. 15 2355(c)), pool a portion of funds received under such Act 16 with a portion of funds received under such Act available 17 to one or more eligible recipients to support the transition 18 from secondary education to postsecondary education or 19 employment for CTE participants whose academic year 20 was interrupted by the COVID–19 national emergency. 21 (c) PROFESSIONAL DEVELOPMENT.—During the 22 COVID–19 national emergency, section 3(40)(B) of the 23 Carl D. Perkins Career and Technical Education Act of 24 2006 (20 U.S.C. 2302(40)(B)) shall apply as if ‘‘sustained 25 (not stand-alone, 1-day, or short-term workshops), inten- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01444 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1445 1 sive, collaborative, job-embedded, data-driven, and class2 room-focused,’’ were struck. 3 (d) DEFINITIONS.—Except as otherwise provided, the 4 terms in this section have the meanings given the terms 5 in section 3 of the Carl D. Perkins Career and Technical 6 Education Act of 2006 (20 U.S.C. 2302). 7 ADULT EDUCATION AND LITERACY RESPONSE ACTIVITIES 8 SEC. 150203. 9 (a) ONLINE SERVICE DELIVERY 10 CATION LITERACY AND OF ADULT EDU- ACTIVITIES.—During the 11 COVID–19 national emergency, an eligible agency may 12 use funds available to such agency under paragraphs (2) 13 and (3) of section 222(a) of the Workforce Innovation and 14 Opportunity Act (20 U.S.C. 3302(a)) for the administra15 tive expenses of the eligible agency related to transitions 16 to online service delivery of adult education and literacy 17 activities. 18 (b) SECRETARIAL RESPONSIBILITIES.—Not later 19 than 30 days after the date of enactment of this Act, the 20 Secretary shall, in carrying out section 242(c)(2)(G) of the 21 Workforce Innovation and Opportunity Act (29 U.S.C. 22 3332(c)(2)(G)), identify and disseminate to States strate23 gies and virtual proctoring tools to— 24 (1) assess the progress of learners in adult edu- 25 cation programs based upon valid research, as ap- 26 propriate, and; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01445 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1446 1 (2) measure the progress of such programs in 2 meeting the State adjusted levels of performance de- 3 scribed in section 116(b)(3) of the Workforce Inno- 4 vation and Opportunity Act (29 U.S.C. 3141(b)(3)). 5 (c) DEFINITIONS.—Except as otherwise provided, the 6 terms in this section have the meanings given the terms 7 in section 203 of the Workforce Innovation and Oppor8 tunity Act (29 U.S.C. 3272). 9 GENERAL PROVISIONS 10 SEC. 150204. 11 Notwithstanding any other provision of law, if deter- 12 mined necessary and appropriate due to the COVID–19 13 national emergency by the Secretary, the Secretary may 14 waive, for a period not to exceed academic year 2019– 15 2020— 16 (1) upon the request of a State or Indian Tribe 17 receiving funds under title I of the Carl D. Perkins 18 Career and Technical Education Act of 2006 (20 19 U.S.C. 2321 et seq.), the requirements under section 20 421(b) of the General Education Provisions Act (20 21 U.S.C. 1225(b)) for the State or Indian Tribe with 22 respect to such funds; and 23 (2) upon the request of an eligible agency re- 24 ceiving funds under the Adult Education and Family 25 Literacy Act (29 U.S.C. 3271 et seq.), the require- 26 ments under section 421(b) of the General Edu- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01446 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1447 1 cation Provisions Act (20 U.S.C. 1225(b)) for that 2 eligible agency with respect to such funds. 3 Subtitle B—Corporation for National and Community 4 Service COVID–19 Response Activities 5 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 6 PROVISIONS 7 SEC. 150205. 8 Section 3514(a)(2)(B) of the CARES Act is amended 9 by inserting ‘‘, or the full value of the stipend under sec10 tion 105(a) of title I of the Domestic Volunteer Service 11 Act of 1973 (42 U.S.C. 4955), as amended,’’ after ‘‘such 12 subtitle’’. 13 NATIONAL SERVICE EXPANSION FEASIBILITY STUDY 14 SEC. 150206. 15 (a) STUDY REQUIRED.—The Corporation for Na- 16 tional and Community Service shall conduct a study on 17 the feasibility of increasing the capacity of national service 18 programs across the country to respond to the COVID– 19 19 national emergency, the corresponding public health 20 crisis, and the economic and social impact to communities 21 across the country. 22 (b) SCOPE OF STUDY.—The Corporation for National 23 and Community Service shall examine new and existing 24 programs, partnerships, organizations and grantees that 25 could be utilized to respond to the COVID–19 national 26 emergency as described in subsection (a), including— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01447 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1448 1 (1) service opportunities related to food secu- 2 rity, education, economic opportunity, and disaster 3 or emergency response; 4 (2) partnerships with the Department of Health 5 and Human Services, the Centers for Disease Con- 6 trol and Prevention, and public health departments 7 in all 50 states and territories to respond to public 8 health needs related to COVID–19 such as testing, 9 contact tracing, or related activities; and 10 (3) the capacity and ability of the State Com- 11 missions on National and Community Service to re- 12 spond to the needs of state and local governments in 13 each state or territory in which such State Commis- 14 sion is in operation. 15 (c) REQUIRED ASPECTS OF THE STUDY.—In per- 16 forming the study described in this section, the Corpora17 tion for National and Community Service shall examine 18 the following aspects for each of the new or existing pro19 grams, partnerships, organizations and grantees as de20 scribed in subsection (b), including— 21 (1) the cost and resources necessary related to 22 expansion as described in paragraphs (1), (2) and 23 (3) of subsection (b); 24 (2) the timeline for implementation of any ex- 25 panded partnerships or expanded capacity as de- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01448 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1449 1 scribed in paragraphs (1), (2) and (3) of subsection 2 (b); 3 (3) options to use existing corps programs over- 4 seen by the Corporation for National and Commu- 5 nity Service for expanding such capacity, and the 6 role of programs, such as AmeriCorps, AmeriCorps 7 VISTA, AmeriCorps National Civilian Community 8 Corps, or Senior Corps, for expanding capacity as 9 described in paragraphs (1), (2) and (3) of sub- 10 section (b); 11 (4) the ability to increase diversity, including 12 economic, racial, ethnic, and gender diversity, 13 amongst national service volunteers and programs as 14 part of any expansion activities; 15 (5) the geographic distribution of demand by 16 state due to the economic or health related impacts 17 of COVID–19 for national service volunteer opportu- 18 nities across the country and the additional volun- 19 teer capacity needed to meet this demand, com- 20 paring existing demand for volunteer opportunities 21 to expected or realized increases as a result of 22 COVID–19; and 23 (6) whether any additional administrative ca- 24 pacity is needed to respond to increases in demand 25 as described in paragraph (5), including through g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01449 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1450 1 grantee organizational capacity or at the Corpora- 2 tion for National and Community Service. 3 (d) REPORTS TO CONGRESSIONAL COMMITTEES.— 4 Not later than 30 days after the date of enactment of this 5 Act, the Chief Executive Officer of the Corporation for 6 National and Community Service shall prepare and submit 7 a report to the Committee on Education and Labor and 8 the Committee on Appropriations of the House of Rep9 resentatives, and the Committee on Health, Education, 10 Labor, and Pensions and the Committee on Appropria11 tions of the Senate, with recommendations on the role for 12 the Corporation for National and Community Service in 13 responding to the COVID–19 national emergency, includ14 ing any recommendations for legislative, regulatory, and 15 administrative changes based on findings related to the 16 topics identified under subsection (b). 17 DEFINITIONS 18 SEC. 150207. 19 In this subtitle, the following definitions apply: 20 (1) DVSA terms ‘‘Director’’ and 21 ‘‘poverty line for a single individual’’ have the mean- 22 ing given such terms in section 421 of the Domestic 23 Volunteer Service Act of 1973 (42 U.S.C. 5061). 24 (2) COVID–19 NATIONAL EMERGENCY.—The 25 term ‘‘COVID–19 national emergency’’ means the 26 national emergency declared by the President under g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TERMS.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01450 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1451 1 the National Emergencies Act (50 U.S.C. 1601 et 2 seq.) on March 13, 2020, with respect to COVID– 3 19. 4 (3) GRANTEE.—The term ‘‘grantee’’ means a 5 recipient of a grant under the Domestic Volunteer 6 Service Act of 1973 (42 U.S.C. 4950 et seq.) or the 7 National and Community Service Act of 1990 (42 8 U.S.C. 12501 et seq.) to run a program. 9 (4) PROGRAM.—The term ‘‘program’’ means a 10 program funded under the Domestic Volunteer Serv- 11 ice Act of 1973 (42 U.S.C. 4950 et seq.) or the Na- 12 tional and Community Service Act of 1990 (42 13 U.S.C. 12501 et seq.). 14 (5) STATE ON NATIONAL AND 15 COMMUNITY SERVICE.—The 16 sion on National and Community Service’’ has the 17 meaning given such term in section 101 of the Na- 18 tional and Community Service Act (42 U.S.C. 19 12511). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 COMMISSION 12:13 May 12, 2020 Jkt 000000 term ‘‘State Commis- (763351 3) PO 00000 Frm 01451 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1452 DIVISION P—ACCESS ACT 1 2 SEC. 160001. SHORT TITLE; TABLE OF CONTENTS. 3 This Act may be cited as the ‘‘American Coronavirus/ 4 COVID–19 Election Safety and Security Act’’ or the ‘‘AC5 CESS Act’’. 6 SEC. 160002. REQUIREMENTS FOR FEDERAL ELECTION 7 CONTINGENCY PLANS IN RESPONSE TO NAT- 8 URAL DISASTERS AND EMERGENCIES. 9 (a) IN GENERAL.— 10 (1) ESTABLISHMENT.—Not later than 30 days 11 after the date of the enactment of this Act, each 12 State and each jurisdiction in a State which is re- 13 sponsible for administering elections for Federal of- 14 fice shall establish and make publicly available a 15 contingency plan to enable individuals to vote in 16 elections for Federal office during a state of emer- 17 gency, public health emergency, or national emer- 18 gency which has been declared for reasons includ- 19 ing— 20 (A) a natural disaster; or 21 (B) an infectious disease. 22 (2) UPDATING.—Each State and jurisdiction 23 shall update the contingency plan established under 24 this subsection not less frequently than every 5 25 years. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01452 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1453 1 (b) REQUIREMENTS RELATING TO SAFETY.—The 2 contingency plan established under subsection (a) shall in3 clude initiatives to provide equipment and resources need4 ed to protect the health and safety of poll workers and 5 voters when voting in person. 6 (c) REQUIREMENTS RELATING TO RECRUITMENT OF 7 POLL WORKERS.—The contingency plan established 8 under subsection (a) shall include initiatives by the chief 9 State election official and local election officials to recruit 10 poll workers from resilient or unaffected populations, 11 which may include— 12 13 (1) employees of other State and local government offices; and 14 (2) in the case in which an infectious disease 15 poses significant increased health risks to elderly in- 16 dividuals, students of secondary schools and institu- 17 tions of higher education in the State. 18 (d) ENFORCEMENT.— 19 (1) ATTORNEY Attorney Gen- 20 eral may bring a civil action against any State or ju- 21 risdiction in an appropriate United States District 22 Court for such declaratory and injunctive relief (in- 23 cluding a temporary restraining order, a permanent 24 or temporary injunction, or other order) as may be g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01453 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1454 1 necessary to carry out the requirements of this sec- 2 tion. 3 (2) PRIVATE 4 (A) IN GENERAL.—In the case of a viola- 5 tion of this section, any person who is aggrieved 6 by such violation may provide written notice of 7 the violation to the chief election official of the 8 State involved. 9 (B) RELIEF.—If the violation is not cor- 10 rected within 20 days after receipt of a notice 11 under subparagraph (A), or within 5 days after 12 receipt of the notice if the violation occurred 13 within 120 days before the date of an election 14 for Federal office, the aggrieved person may, in 15 a civil action, obtain declaratory or injunctive 16 relief with respect to the violation. 17 (C) SPECIAL RULE.—If the violation oc- 18 curred within 5 days before the date of an elec- 19 tion for Federal office, the aggrieved person 20 need not provide notice to the chief election of- 21 ficial of the State involved under subparagraph 22 (A) before bringing a civil action under sub- 23 paragraph (B). 24 (e) DEFINITIONS.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RIGHT OF ACTION.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01454 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1455 1 (1) ELECTION FOR FEDERAL OFFICE.—For 2 purposes of this section, the term ‘‘election for Fed- 3 eral office’’ means a general, special, primary, or 4 runoff election for the office of President or Vice 5 President, or of Senator or Representative in, or 6 Delegate or Resident Commissioner to, the Con- 7 gress. 8 (2) STATE.—For purposes of this section, the 9 term ‘‘State’’ includes the District of Columbia, the 10 Commonwealth of Puerto Rico, Guam, American 11 Samoa, the United States Virgin Islands, and the 12 Commonwealth of the Northern Mariana Islands. 13 (f) EFFECTIVE DATE.—This section shall apply with 14 respect to the regularly scheduled general election for Fed15 eral office held in November 2020 and each succeeding 16 election for Federal office. 17 SEC. 160003. EARLY VOTING AND VOTING BY MAIL. 18 (a) REQUIREMENTS.—Title III of the Help America 19 Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended 20 by adding at the end the following new subtitle: ‘‘Subtitle C—Other Requirements 21 22 ‘‘SEC. 321. EARLY VOTING. 23 24 ‘‘(a) REQUIRING ALLOWING VOTING PRIOR OF 12:13 May 12, 2020 DATE ELECTION.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO Jkt 000000 (763351 3) PO 00000 Frm 01455 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1456 1 ‘‘(1) IN GENERAL.—Each State shall allow indi- 2 viduals to vote in an election for Federal office dur- 3 ing an early voting period which occurs prior to the 4 date of the election, in the same manner as voting 5 is allowed on such date. 6 ‘‘(2) LENGTH OF PERIOD.—The early voting 7 period required under this subsection with respect to 8 an election shall consist of a period of consecutive 9 days (including weekends) which begins on the 15th 10 day before the date of the election (or, at the option 11 of the State, on a day prior to the 15th day before 12 the date of the election) and ends on the date of the 13 election. 14 ‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.— 15 Each polling place which allows voting during an early vot16 ing period under subsection (a) shall— 17 18 ‘‘(1) allow such voting for no less than 10 hours on each day; 19 20 ‘‘(2) have uniform hours each day for which such voting occurs; and 21 ‘‘(3) allow such voting to be held for some pe- 22 riod of time prior to 9:00 a.m (local time) and some 23 period of time after 5:00 p.m. (local time). 24 ‘‘(c) LOCATION OF POLLING PLACES.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01456 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1457 1 ‘‘(1) 2 TATION.—To 3 shall ensure that each polling place which allows vot- 4 ing during an early voting period under subsection 5 (a) is located within walking distance of a stop on 6 a public transportation route. 7 ‘‘(2) AVAILABILITY TO PUBLIC TRANSPOR- the greatest extent practicable, a State IN RURAL AREAS.—The 8 State shall ensure that polling places which allow 9 voting during an early voting period under sub- 10 section (a) will be located in rural areas of the State, 11 and shall ensure that such polling places are located 12 in communities which will provide the greatest op- 13 portunity for residents of rural areas to vote during 14 the early voting period. 15 ‘‘(d) STANDARDS.— 16 ‘‘(1) IN GENERAL.—The Commission shall issue 17 standards for the administration of voting prior to 18 the day scheduled for a Federal election. Such 19 standards shall include the nondiscriminatory geo- 20 graphic placement of polling places at which such 21 voting occurs. 22 ‘‘(2) DEVIATION.—The standards described in 23 paragraph (1) shall permit States, upon providing 24 adequate public notice, to deviate from any require- 25 ment in the case of unforeseen circumstances such g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PROXIMITY 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01457 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1458 1 as a natural disaster, terrorist attack, or a change 2 in voter turnout. 3 ‘‘(e) BALLOT PROCESSING 4 AND SCANNING REQUIRE- MENTS.— 5 ‘‘(1) IN GENERAL.—The State shall begin proc- 6 essing and scanning ballots cast during early voting 7 for tabulation at least 14 days prior to the date of 8 the election involved. 9 ‘‘(2) LIMITATION.—Nothing in this subsection 10 shall be construed to permit a State to tabulate bal- 11 lots in an election before the closing of the polls on 12 the date of the election. 13 ‘‘(f) EFFECTIVE DATE.—This section shall apply 14 with respect to the regularly scheduled general election for 15 Federal office held in November 2020 and each succeeding 16 election for Federal office. 17 ‘‘SEC. 322. PROMOTING ABILITY OF VOTERS TO VOTE BY 18 MAIL. 19 20 ‘‘(a) UNIFORM AVAILABILITY TO ABSENTEE VOTING ALL VOTERS.— 21 ‘‘(1) IN GENERAL.—If an individual in a State 22 is eligible to cast a vote in an election for Federal 23 office, the State may not impose any additional con- 24 ditions or requirements on the eligibility of the indi- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01458 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1459 1 vidual to cast the vote in such election by absentee 2 ballot by mail. 3 ‘‘(2) ADMINISTRATION 4 ‘‘(A) PROHIBITING IDENTIFICATION RE- 5 QUIREMENT AS CONDITION OF OBTAINING BAL- 6 LOT.—A 7 provide any form of identification as a condition 8 of obtaining an absentee ballot, except that 9 nothing in this paragraph may be construed to 10 prevent a State from requiring a signature of 11 the individual or similar affirmation as a condi- 12 tion of obtaining an absentee ballot. 13 State may not require an individual to ‘‘(B) PROHIBITING REQUIREMENT TO PRO- 14 VIDE NOTARIZATION OR WITNESS SIGNATURE 15 AS CONDITION OF OBTAINING OR CASTING BAL- 16 LOT.—A 17 witness signature or other formal authentica- 18 tion (other than voter attestation) as a condi- 19 tion of obtaining or casting an absentee ballot. 20 State may not require notarization or ‘‘(C) DEADLINE FOR RETURNING BAL- 21 LOT.—A 22 questing the absentee ballot and related voting 23 materials from the appropriate State or local 24 election official and for returning the ballot to 25 the appropriate State or local election official. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF VOTING BY MAIL.— 12:13 May 12, 2020 Jkt 000000 State may impose a deadline for re- (763351 3) PO 00000 Frm 01459 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1460 1 ‘‘(3) APPLICATION FOR ALL FUTURE ELEC- 2 TIONS.—At 3 treat the individual’s application to vote by absentee 4 ballot by mail in an election for Federal office as an 5 application to vote by absentee ballot by mail in all 6 subsequent Federal elections held in the State. 7 ‘‘(b) DUE PROCESS REQUIREMENTS the option of an individual, a State shall FOR STATES 8 REQUIRING SIGNATURE VERIFICATION.— 9 ‘‘(1) REQUIREMENT.— 10 ‘‘(A) IN State may not im- 11 pose a signature verification requirement as a 12 condition of accepting and counting an absentee 13 ballot submitted by any individual with respect 14 to an election for Federal office unless the 15 State meets the due process requirements de- 16 scribed in paragraph (2). 17 ‘‘(B) SIGNATURE VERIFICATION REQUIRE- 18 MENT DESCRIBED.—In 19 nature verification requirement’ is a require- 20 ment that an election official verify the identi- 21 fication of an individual by comparing the indi- 22 vidual’s signature on the absentee ballot with 23 the individual’s signature on the official list of 24 registered voters in the State or another official g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—A 12:13 May 12, 2020 Jkt 000000 this subsection, a ‘sig- (763351 3) PO 00000 Frm 01460 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1461 1 record or other document used by the State to 2 verify the signatures of voters. 3 ‘‘(2) DUE 4 ‘‘(A) NOTICE AND OPPORTUNITY TO CURE 5 DISCREPANCY.—If an individual submits an ab- 6 sentee ballot and the appropriate State or local 7 election official determines that a discrepancy 8 exists between the signature on such ballot and 9 the signature of such individual on the official 10 list of registered voters in the State or other of- 11 ficial record or document used by the State to 12 verify the signatures of voters, such election of- 13 ficial, prior to making a final determination as 14 to the validity of such ballot, shall— 15 ‘‘(i) make a good faith effort to imme- 16 diately notify the individual by mail, tele- 17 phone, and (if available) electronic mail 18 that— 19 ‘‘(I) a discrepancy exists between 20 the signature on such ballot and the 21 signature of the individual on the offi- 22 cial list of registered voters in the 23 State, and 24 ‘‘(II) if such discrepancy is not 25 cured prior to the expiration of the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PROCESS REQUIREMENTS.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01461 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1462 1 10-day period which begins on the 2 date the official notifies the individual 3 of the discrepancy, such ballot will not 4 be counted; and 5 ‘‘(ii) cure such discrepancy and count 6 the ballot if, prior to the expiration of the 7 10-day period described in clause (i)(II), 8 the individual provides the official with in- 9 formation to cure such discrepancy, either 10 in person, by telephone, or by electronic 11 methods. 12 ‘‘(B) NOTICE 13 VIDE MISSING SIGNATURE.—If 14 submits an absentee ballot without a signature, 15 the appropriate State or local election official, 16 prior to making a final determination as to the 17 validity of the ballot, shall— an individual 18 ‘‘(i) make a good faith effort to imme- 19 diately notify the individual by mail, tele- 20 phone, and (if available) electronic mail 21 that— 22 ‘‘(I) the ballot did not include a 23 signature, and 24 ‘‘(II) if the individual does not 25 provide the missing signature prior to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AND OPPORTUNITY TO PRO- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01462 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1463 1 the expiration of the 10-day period 2 which begins on the date the official 3 notifies the individual that the ballot 4 did not include a signature, such bal- 5 lot will not be counted; and 6 ‘‘(ii) count the ballot if, prior to the 7 expiration of the 10-day period described 8 in clause (i)(II), the individual provides the 9 official with the missing signature on a 10 form proscribed by the State. 11 ‘‘(C) OTHER election 12 official may not make a determination that a 13 discrepancy exists between the signature on an 14 absentee ballot and the signature of the indi- 15 vidual who submits the ballot on the official list 16 of registered voters in the State or other official 17 record or other document used by the State to 18 verify the signatures of voters unless— 19 ‘‘(i) at least 2 election officials make 20 the determination; and 21 ‘‘(ii) each official who makes the de- 22 termination has received training in proce- 23 dures used to verify signatures. 24 ‘‘(3) REPORT.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REQUIREMENTS.—An 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01463 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1464 1 ‘‘(A) IN GENERAL.—Not later than 120 2 days after the end of a Federal election cycle, 3 each chief State election official shall submit to 4 Congress a report containing the following in- 5 formation for the applicable Federal election 6 cycle in the State: 7 ‘‘(i) The number of ballots invalidated 8 due to a discrepancy under this subsection. 9 ‘‘(ii) Description of attempts to con- 10 tact voters to provide notice as required by 11 this subsection. 12 ‘‘(iii) Description of the cure process 13 developed by such State pursuant to this 14 subsection, including the number of ballots 15 determined valid as a result of such proc- 16 ess. 17 ‘‘(B) FEDERAL ELECTION CYCLE DE- 18 FINED.—For 19 term ‘Federal election cycle’ means the period 20 beginning on January 1 of any odd numbered 21 year and ending on December 31 of the fol- 22 lowing year. 23 ‘‘(c) METHODS purposes of this subsection, the AND TIMING FOR TRANSMISSION OF 24 BALLOTS AND BALLOTING MATERIALS TO VOTERS.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01464 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1465 1 ‘‘(1) METHOD 2 addition to such other methods as the State may es- 3 tablish for an individual to request an absentee bal- 4 lot, the State shall permit an individual to submit a 5 request for an absentee ballot online. The State shall 6 be considered to meet the requirements of this para- 7 graph if the website of the appropriate State or local 8 election official allows an absentee ballot request ap- 9 plication to be completed and submitted online and 10 if the website permits the individual— 11 ‘‘(A) to print the application so that the 12 individual may complete the application and re- 13 turn it to the official; or 14 ‘‘(B) request that a paper copy of the ap- 15 plication be transmitted to the individual by 16 mail or electronic mail so that the individual 17 may complete the application and return it to 18 the official. 19 ‘‘(2) ENSURING DELIVERY PRIOR TO ELEC- 20 TION.—If 21 ballot in an election for Federal office, the appro- 22 priate State or local election official shall ensure 23 that the ballot and relating voting materials are re- 24 ceived by the individual prior to the date of the elec- 25 tion so long as the individual’s request is received by g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR REQUESTING BALLOT.—In 12:13 May 12, 2020 Jkt 000000 an individual requests to vote by absentee (763351 3) PO 00000 Frm 01465 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1466 1 the official not later than 5 days (excluding Satur- 2 days, Sundays, and legal public holidays) before the 3 date of the election, except that nothing in this para- 4 graph shall preclude a State or local jurisdiction 5 from allowing for the acceptance and processing of 6 ballot requests submitted or received after such re- 7 quired period. 8 9 ‘‘(3) SPECIAL PERIODS.— 10 ‘‘(A) AUTOMATIC MAILING OF ABSENTEE 11 BALLOTS TO ALL VOTERS.—If 12 an election is held is in an area in which an 13 emergency or disaster which is described in sub- 14 paragraph (A) or (B) of section 1135(g)(1) of 15 the Social Security Act (42 U.S.C. 1320b- 16 5(g)(1)) is declared during the period described 17 in subparagraph (C)— 18 the area in which ‘‘(i) paragraphs (1) and (2) shall not 19 apply with respect to the election; and 20 ‘‘(ii) not later than 2 weeks before the 21 date of the election, the appropriate State 22 or local election official shall transmit by 23 mail absentee ballots and balloting mate- 24 rials for the election to all individuals who 25 are registered to vote in such election or, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RULES IN CASE OF EMERGENCY 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01466 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1467 1 in the case of any State that does not reg- 2 ister voters, all individuals who are in the 3 State’s central voter file (or if the State 4 does not keep a central voter file, to all in- 5 dividuals who are eligible to vote in such 6 election). 7 ‘‘(B) AFFIRMATION.—If an individual re- 8 ceives an absentee ballot from a State or local 9 election official pursuant to subparagraph (A) 10 and returns the voted ballot to the official, the 11 ballot shall not be counted in the election unless 12 the individual includes with the ballot a signed 13 affirmation that— 14 ‘‘(i) the individual has not and will 15 not cast another ballot with respect to the 16 election; and 17 ‘‘(ii) acknowledges that a material 18 misstatement of fact in completing the bal- 19 lot may constitute grounds for conviction 20 of perjury. 21 ‘‘(C) PERIOD period de- 22 scribed in this subparagraph with respect to an 23 election is the period which begins 120 days be- 24 fore the date of the election and ends 30 days 25 before the date of the election. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DESCRIBED.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01467 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1468 1 ‘‘(D) APPLICATION TO NOVEMBER 2020 2 GENERAL ELECTION.—Because 3 health emergency declared pursuant to section 4 319 of the Public Health Service Act (42 5 U.S.C. 247d) resulting from the COVID–19 6 pandemic, the special rules set forth in this 7 paragraph shall apply with respect to the regu- 8 larly scheduled general election for Federal of- 9 fice held in November 2020 in each State. 10 11 ‘‘(d) ACCESSIBILITY ABILITIES.—The FOR of the public INDIVIDUALS WITH DIS- State shall ensure that all absentee bal- 12 lots and related voting materials in elections for Federal 13 office are accessible to individuals with disabilities in a 14 manner that provides the same opportunity for access and 15 participation (including with privacy and independence) as 16 for other voters. 17 ‘‘(e) UNIFORM DEADLINE FOR ACCEPTANCE OF 18 MAILED BALLOTS.—A State may not refuse to accept or 19 process a ballot submitted by an individual by mail with 20 respect to an election for Federal office in the State on 21 the grounds that the individual did not meet a deadline 22 for returning the ballot to the appropriate State or local 23 election official if— 24 ‘‘(1) the ballot is postmarked, signed, or other- 25 wise indicated by the United States Postal Service to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01468 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1469 1 have been mailed on or before the date of the elec- 2 tion; and 3 ‘‘(2) the ballot is received by the appropriate 4 election official prior to the expiration of the 10-day 5 period which begins on the date of the election. 6 ‘‘(f) ALTERNATIVE METHODS 7 RETURNING BAL- LOTS.— 8 ‘‘(1) IN GENERAL.—In addition to permitting 9 an individual to whom a ballot in an election was 10 provided under this section to return the ballot to an 11 election official by mail, the State shall permit the 12 individual to cast the ballot by delivering the ballot 13 at such times and to such locations as the State may 14 establish, including— 15 ‘‘(A) permitting the individual to deliver 16 the ballot to a polling place on any date on 17 which voting in the election is held at the poll- 18 ing place; and 19 ‘‘(B) permitting the individual to deliver 20 the ballot to a designated ballot drop-off loca- 21 tion. 22 ‘‘(2) 23 PERMITTING VOTERS TO DESIGNATE OTHER PERSON TO RETURN BALLOT.—The State— 24 ‘‘(A) shall permit a voter to designate any 25 person to return a voted and sealed absentee g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01469 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1470 1 ballot to the post office, a ballot drop-off loca- 2 tion, tribally designated building, or election of- 3 fice so long as the person designated to return 4 the ballot does not receive any form of com- 5 pensation based on the number of ballots that 6 the person has returned and no individual, 7 group, or organization provides compensation 8 on this basis; and 9 ‘‘(B) may not put any limit on how many 10 voted and sealed absentee ballots any des- 11 ignated person can return to the post office, a 12 ballot drop off location, tribally designated 13 building, or election office. 14 15 ‘‘(g) BALLOT PROCESSING AND SCANNING REQUIRE- MENTS.— 16 ‘‘(1) IN GENERAL.—The State shall begin proc- 17 essing and scanning ballots cast by mail for tabula- 18 tion at least 14 days prior to the date of the election 19 involved. 20 ‘‘(2) LIMITATION.—Nothing in this subsection 21 shall be construed to permit a State to tabulate bal- 22 lots in an election before the closing of the polls on 23 the date of the election. 24 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec- 25 tion shall be construed to affect the authority of States g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01470 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1471 1 to conduct elections for Federal office through the use of 2 polling places at which individuals cast ballots. 3 4 ‘‘(i) NO EFFECT SENT MILITARY AND ON BALLOTS SUBMITTED BY AB- OVERSEAS VOTERS.—Nothing in 5 this section may be construed to affect the treatment of 6 any ballot submitted by an individual who is entitled to 7 vote by absentee ballot under the Uniformed and Overseas 8 Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). 9 ‘‘(j) EFFECTIVE DATE.—This section shall apply 10 with respect to the regularly scheduled general election for 11 Federal office held in November 2020 and each succeeding 12 election for Federal office. 13 ‘‘SEC. 323. ABSENTEE BALLOT TRACKING PROGRAM. 14 ‘‘(a) REQUIREMENT.—Each State shall carry out a 15 program to track and confirm the receipt of absentee bal16 lots in an election for Federal office under which the State 17 or local election official responsible for the receipt of voted 18 absentee ballots in the election carries out procedures to 19 track and confirm the receipt of such ballots, and makes 20 information on the receipt of such ballots available to the 21 individual who cast the ballot, by means of online access 22 using the Internet site of the official’s office. 23 ‘‘(b) INFORMATION ON WHETHER VOTE WAS 24 COUNTED.—The information referred to under subsection 25 (a) with respect to the receipt of an absentee ballot shall g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01471 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1472 1 include information regarding whether the vote cast on the 2 ballot was counted, and, in the case of a vote which was 3 not counted, the reasons therefor. 4 ‘‘(c) USE OF TOLL-FREE TELEPHONE NUMBER BY 5 OFFICIALS WITHOUT INTERNET SITE.—A program estab6 lished by a State or local election official whose office does 7 not have an Internet site may meet the requirements of 8 subsection (a) if the official has established a toll-free tele9 phone number that may be used by an individual who cast 10 an absentee ballot to obtain the information on the receipt 11 of the voted absentee ballot as provided under such sub12 section. 13 ‘‘(d) EFFECTIVE DATE.—This section shall apply 14 with respect to the regularly scheduled general election for 15 Federal office held in November 2020 and each succeeding 16 election for Federal office. 17 ‘‘SEC. 324. RULES FOR COUNTING PROVISIONAL BALLOTS. 18 19 ‘‘(a) STATEWIDE COUNTING PROVISIONAL BAL- LOTS.— 20 ‘‘(1) IN GENERAL.—For purposes of section 21 302(a)(4), notwithstanding the precinct or polling 22 place at which a provisional ballot is cast within the 23 State, the appropriate election official shall count 24 each vote on such ballot for each election in which 25 the individual who cast such ballot is eligible to vote. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01472 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1473 1 ‘‘(2) EFFECTIVE DATE.—This subsection shall 2 apply with respect to the regularly scheduled general 3 election for Federal office held in November 2020 4 and each succeeding election for Federal office. 5 ‘‘(b) UNIFORM 6 AND NONDISCRIMINATORY STAND- ARDS.— 7 ‘‘(1) IN GENERAL.—Consistent with the re- 8 quirements of section 302, each State shall establish 9 uniform and nondiscriminatory standards for the 10 issuance, handling, and counting of provisional bal- 11 lots. 12 ‘‘(2) EFFECTIVE DATE.—This subsection shall 13 apply with respect to the regularly scheduled general 14 election for Federal office held in November 2020 15 and each succeeding election for Federal office. 16 ‘‘SEC. 325. COVERAGE OF COMMONWEALTH OF NORTHERN 17 MARIANA ISLANDS. 18 ‘‘In this subtitle, the term ‘State’ includes the Com- 19 monwealth of the Northern Mariana Islands. 20 ‘‘SEC. 326. MINIMUM REQUIREMENTS FOR EXPANDING 21 22 ABILITY OF INDIVIDUALS TO VOTE. ‘‘The requirements of this subtitle are minimum re- 23 quirements, and nothing in this subtitle may be construed 24 to prevent a State from establishing standards which pro25 mote the ability of individuals to vote in elections for Fed- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01473 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1474 1 eral office, so long as such standards are not inconsistent 2 with the requirements of this subtitle or other Federal 3 laws.’’. 4 (b) CONFORMING AMENDMENT RELATING TO 5 ISSUANCE OF 6 COMMISSION.—Section 311(b) of such Act (52 SISTANCE VOLUNTARY GUIDANCE BY ELECTION AS- 7 U.S.C. 21101(b)) is amended— 8 9 (1) by striking ‘‘and’’ at the end of paragraph (2); 10 11 (2) by striking the period at the end of paragraph (3) and inserting ‘‘; and’’; and 12 13 (3) by adding at the end the following new paragraph: 14 ‘‘(4) in the case of the recommendations with 15 respect to subtitle C, June 30, 2020.’’. 16 (c) ENFORCEMENT.— 17 (1) COVERAGE EXISTING ENFORCE- 18 MENT PROVISIONS.—Section 19 U.S.C. 21111) is amended by striking ‘‘and 303’’ 20 and inserting ‘‘303, and subtitle C of title III’’. 21 (2) AVAILABILITY 401 of such Act (52 OF PRIVATE RIGHT OF AC- 22 TION.—Title 23 is amended by adding at the end the following new 24 section: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 UNDER 12:13 May 12, 2020 Jkt 000000 IV of such (52 U.S.C. 21111 et seq.) (763351 3) PO 00000 Frm 01474 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1475 1 ‘‘SEC. 403. PRIVATE RIGHT OF ACTION FOR VIOLATIONS OF 2 CERTAIN REQUIREMENTS. 3 ‘‘(a) IN GENERAL.—In the case of a violation of sub- 4 title C of title III, section 402 shall not apply and any 5 person who is aggrieved by such violation may provide 6 written notice of the violation to the chief election official 7 of the State involved. 8 ‘‘(b) RELIEF.—If the violation is not corrected within 9 20 days after receipt of a notice under subsection (a), or 10 within 5 days after receipt of the notice if the violation 11 occurred within 120 days before the date of an election 12 for Federal office, the aggrieved person may, in a civil ac13 tion, obtain declaratory or injunctive relief with respect 14 to the violation. 15 ‘‘(c) SPECIAL RULE.—If the violation occurred within 16 5 days before the date of an election for Federal office, 17 the aggrieved person need not provide notice to the chief 18 election official of the State involved under subsection (a) 19 before bringing a civil action under subsection (b).’’. 20 (d) CLERICAL AMENDMENT.—The table of contents 21 of such Act is amended— 22 (1) by adding at the end of the items relating 23 to title III the following: ‘‘Subtitle C—Other Requirements ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. 321. 322. 323. 324. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 Early voting. Promoting ability of voters to vote by mail. Absentee ballot tracking program. Rules for counting provisional ballots. (763351 3) PO 00000 Frm 01475 Fmt 6652 Sfmt 6211 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1476 ‘‘Sec. 325. Coverage of Commonwealth of Northern Mariana Islands. ‘‘Sec. 326. Minimum requirements for expanding ability of individuals to vote.’’; and 1 (2) by adding at the end of the items relating 2 to title IV the following new item: ‘‘Sec. 403. Private right of action for violations of certain requirements.’’. 3 SEC. 160004. PERMITTING USE OF SWORN WRITTEN STATE- 4 MENT TO MEET IDENTIFICATION REQUIRE- 5 MENTS FOR VOTING. 6 (a) PERMITTING USE OF STATEMENT.—Subtitle C of 7 title III of the Help America Vote Act of 2002, as added 8 by section 160003(a), is amended— 9 (1) by redesignating sections 325 and 326 as 10 sections 326 and 327; and 11 (2) by inserting after section 324 the following 12 new section: 13 ‘‘SEC. 325. PERMITTING USE OF SWORN WRITTEN STATE- 14 MENT TO MEET IDENTIFICATION REQUIRE- 15 MENTS. 16 ‘‘(a) USE OF STATEMENT.— 17 ‘‘(1) IN as provided in sub- 18 section (c), if a State has in effect a requirement 19 that an individual present identification as a condi- 20 tion of casting a ballot in an election for Federal of- 21 fice, the State shall permit the individual to meet 22 the requirement— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Except 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01476 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1477 1 ‘‘(A) in the case of an individual who de- 2 sires to vote in person, by presenting the appro- 3 priate State or local election official with a 4 sworn written statement, signed by the indi- 5 vidual under penalty of perjury, attesting to the 6 individual’s identity and attesting that the indi- 7 vidual is eligible to vote in the election; or 8 ‘‘(B) in the case of an individual who de- 9 sires to vote by mail, by submitting with the 10 ballot the statement described in subparagraph 11 (A). 12 ‘‘(2) DEVELOPMENT 13 OF STATEMENT BY COMMISSION.—The 14 shall develop a pre-printed version of the statement 15 described in paragraph (1)(A) which includes a 16 blank space for an individual to provide a name and 17 signature for use by election officials in States which 18 are subject to paragraph (1). 19 ‘‘(3) PROVIDING 20 MENT.—A 21 shall— Commission PRE-PRINTED COPY OF STATE- State which is subject to paragraph (1) 22 ‘‘(A) make copies of the pre-printed 23 version of the statement described in paragraph 24 (1)(A) which is prepared by the Commission 25 available at polling places for election officials g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF PRE-PRINTED VERSION 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01477 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1478 1 to distribute to individuals who desire to vote in 2 person; and 3 ‘‘(B) include a copy of such pre-printed 4 version of the statement with each blank absen- 5 tee or other ballot transmitted to an individual 6 who desires to vote by mail. 7 8 ‘‘(b) REQUIRING USE AS OF BALLOT IN SAME MANNER INDIVIDUALS PRESENTING IDENTIFICATION.—An in- 9 dividual who presents or submits a sworn written state10 ment in accordance with subsection (a)(1) shall be per11 mitted to cast a ballot in the election in the same manner 12 as an individual who presents identification. 13 14 ‘‘(c) EXCEPTION ISTERING BY FOR FIRST-TIME VOTERS REG- MAIL.—Subsections (a) and (b) do not apply 15 with respect to any individual described in paragraph (1) 16 of section 303(b) who is required to meet the requirements 17 of paragraph (2) of such section.’’. 18 (b) REQUIRING STATES 19 ON 20 FORMATION USE OF TO INCLUDE INFORMATION SWORN WRITTEN STATEMENT MATERIAL POSTED AT IN VOTING IN- POLLING PLACES.— 21 Section 302(b)(2) of such Act (52 U.S.C. 21082(b)(2)), 22 is amended— 23 24 (1) by striking ‘‘and’’ at the end of subparagraph (E); g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01478 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1479 1 (2) by striking the period at the end of sub- 2 paragraph (F) and inserting ‘‘; and’’; and 3 (3) by adding at the end the following new sub- 4 paragraph: 5 ‘‘(G) in the case of a State that has in ef- 6 fect a requirement that an individual present 7 identification as a condition of casting a ballot 8 in an election for Federal office, information on 9 how an individual may meet such requirement 10 by presenting a sworn written statement in ac- 11 cordance with section 303A.’’. 12 (c) CLERICAL AMENDMENT.—The table of contents 13 of such Act, as amended by section 160003, is amended— 14 (1) by redesignating the items relating to sec- 15 tions 325 and 326 as relating to sections 326 and 16 327; and 17 (2) by inserting after the item relating to sec- 18 tion 324 the following new item: ‘‘Sec. 325. Permitting use of sworn written statement to meet identification requirements.’’. 19 (d) EFFECTIVE DATE.—The amendments made by 20 this section shall apply with respect to elections occurring 21 on or after the date of the enactment of this Act. 22 SEC. 160005. VOTING MATERIALS POSTAGE. 23 24 (a) PREPAYMENT POSTAGE ON RETURN ENVE- LOPES.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01479 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1480 1 (1) IN GENERAL.—Subtitle C of title III of the 2 Help America Vote Act of 2002, as added by section 3 160003(a) and as amended by section 160004(a), is 4 further amended— 5 (A) by redesignating sections 326 and 327 6 as sections 327 and 328; and 7 (B) by inserting after section 325 the fol- 8 9 lowing new section: ‘‘SEC. 326. PREPAYMENT OF POSTAGE ON RETURN ENVE- 10 11 LOPES FOR VOTING MATERIALS. ‘‘(a) PROVISION OF RETURN ENVELOPES.—The ap- 12 propriate State or local election official shall provide a 13 self-sealing return envelope with— 14 15 ‘‘(1) any voter registration application form transmitted to a registrant by mail; 16 17 ‘‘(2) any application for an absentee ballot transmitted to an applicant by mail; and 18 ‘‘(3) any blank absentee ballot transmitted to a 19 voter by mail. 20 ‘‘(b) PREPAYMENT OF POSTAGE.—Consistent with 21 regulations of the United States Postal Service, the State 22 or the unit of local government responsible for the admin23 istration of the election involved shall prepay the postage 24 on any envelope provided under subsection (a). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01480 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1481 1 ‘‘(c) NO EFFECT ON BALLOTS OR BALLOTING MATE- 2 RIALS 3 SEAS TRANSMITTED TO ABSENT MILITARY AND OVER- VOTERS.—Nothing in this section may be construed 4 to affect the treatment of any ballot or balloting materials 5 transmitted to an individual who is entitled to vote by ab6 sentee ballot under the Uniformed and Overseas Citizens 7 Absentee Voting Act (52 U.S.C. 20301 et seq.).’’. 8 (2) CLERICAL 9 AMENDMENT.—The table of con- tents of such Act, as amended by section 160004(c), 10 is amended— 11 (A) by redesignating the items relating to 12 sections 326 and 327 as relating to sections 13 327 and 328; and 14 (B) by inserting after the item relating to 15 section 325 the following new item: ‘‘Sec. 326. Prepayment of postage on return envelopes for voting materials’’. 16 (b) ROLE 17 OF (1) IN UNITED STATES POSTAL SERVICE.— GENERAL.—Chapter 34 of title 39, 18 United States Code, is amended by adding after sec- 19 tion 3406 the following: 20 ‘‘§ 3407. Voting materials 21 ‘‘(a) Any voter registration application, absentee bal- 22 lot application, or absentee ballot with respect to any elec23 tion for Federal office shall be carried expeditiously, with 24 postage on the return envelope prepaid by the State or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01481 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1482 1 unit of local government responsible for the administration 2 of the election. 3 ‘‘(b) As used in this section— 4 ‘‘(1) the term ‘absentee ballot’ means any ballot 5 transmitted by a voter by mail in an election for 6 Federal office, but does not include any ballot cov- 7 ered by section 3406; and 8 ‘‘(2) the term ‘election for Federal office’ means 9 a general, special, primary, or runoff election for the 10 office of President or Vice President, or of Senator 11 or Representative in, or Delegate or Resident Com- 12 missioner to, the Congress. 13 ‘‘(c) Nothing in this section may be construed to af- 14 fect the treatment of any ballot or balloting materials 15 transmitted to an individual who is entitled to vote by ab16 sentee ballot under the Uniformed and Overseas Citizens 17 Absentee Voting Act (52 U.S.C. 20301 et seq.).’’. 18 (2) CLERICAL AMENDMENT.—The table of sec- 19 tions for chapter 34 of such title is amended by in- 20 serting after the item relating to section 3406 the 21 following: ‘‘3407. Voting materials.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01482 Fmt 6652 Sfmt 6211 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1483 1 SEC. 160006. REQUIRING TRANSMISSION OF BLANK ABSEN- 2 TEE BALLOTS UNDER UOCAVA TO CERTAIN 3 VOTERS. 4 (a) IN GENERAL.—The Uniformed and Overseas 5 Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) 6 is amended by inserting after section 103B the following 7 new section: 8 ‘‘SEC. 103C. TRANSMISSION OF BLANK ABSENTEE BALLOTS 9 TO CERTAIN OTHER VOTERS. 10 ‘‘(a) IN GENERAL.— 11 ‘‘(1) STATE to the 12 provisions of this section, each State shall transmit 13 blank absentee ballots electronically to qualified indi- 14 viduals who request such ballots in the same manner 15 and under the same terms and conditions under 16 which the State transmits such ballots electronically 17 to absent uniformed services voters and overseas vot- 18 ers under the provisions of section 102(f), except 19 that no such marked ballots shall be returned elec- 20 tronically. 21 ‘‘(2) REQUIREMENTS.—Any blank absentee bal- 22 lot transmitted to a qualified individual under this 23 section— 24 ‘‘(A) must comply with the language re- 25 quirements under section 203 of the Voting 26 Rights Act of 1965 (52 U.S.C. 10503); and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RESPONSIBILITIES.—Subject 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01483 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1484 1 ‘‘(B) must comply with the disability re- 2 quirements under section 508 of the Rehabilita- 3 tion Act of 1973 (29 U.S.C. 794d). 4 ‘‘(3) AFFIRMATION.—The State may not trans- 5 mit a ballot to a qualified individual under this sec- 6 tion unless the individual provides the State with a 7 signed affirmation in electronic form that— 8 ‘‘(A) the individual is a qualified individual 9 (as defined in subsection (b)); 10 ‘‘(B) the individual has not and will not 11 cast another ballot with respect to the election; 12 and 13 ‘‘(C) that a material 14 misstatement of fact in completing the ballot 15 may constitute grounds for conviction of per- 16 jury. 17 ‘‘(4) CLARIFICATION REGARDING FREE POST- 18 AGE.—An 19 dividual under this section shall be considered bal- 20 loting materials as defined in section 107 for pur- 21 poses of section 3406 of title 39, United States 22 Code. 23 absentee ballot obtained by a qualified in- ‘‘(5) PROHIBITING REFUSAL TO ACCEPT BAL- 24 LOT FOR FAILURE TO MEET CERTAIN REQUIRE- 25 MENTS.—A g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 acknowledges 12:13 May 12, 2020 Jkt 000000 State shall not refuse to accept and (763351 3) PO 00000 Frm 01484 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1485 1 process any otherwise valid blank absentee ballot 2 which was transmitted to a qualified individual 3 under this section and used by the individual to vote 4 in the election solely on the basis of the following: 5 ‘‘(A) Notarization or witness signature re- 6 quirements. 7 ‘‘(B) Restrictions on paper type, including 8 weight and size. 9 ‘‘(C) Restrictions on envelope type, includ- 10 11 ing weight and size. ‘‘(b) QUALIFIED INDIVIDUAL.— 12 ‘‘(1) IN this section, except as 13 provided in paragraph (2), the term ‘qualified indi- 14 vidual’ means any individual who is otherwise quali- 15 fied to vote in an election for Federal office and who 16 meets any of the following requirements: 17 ‘‘(A) The individual— 18 ‘‘(i) has previously requested an ab- 19 sentee ballot from the State or jurisdiction 20 in which such individual is registered to 21 vote; and 22 ‘‘(ii) has not received such absentee 23 ballot at least 2 days before the date of the 24 election. 25 ‘‘(B) The individual— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01485 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1486 1 ‘‘(i) resides in an area of a State with 2 respect to which an emergency or public 3 health emergency has been declared by the 4 chief executive of the State or of the area 5 involved within 5 days of the date of the 6 election under the laws of the State due to 7 reasons including a natural disaster, in- 8 cluding severe weather, or an infectious 9 disease; and 10 ‘‘(ii) has not previously requested an 11 absentee ballot. 12 ‘‘(C) The individual expects to be absent 13 from such individual’s jurisdiction on the date 14 of the election due to professional or volunteer 15 service in response to a natural disaster or 16 emergency as described in subparagraph (B). 17 ‘‘(D) The individual is hospitalized or ex- 18 pects to be hospitalized on the date of the elec- 19 tion. 20 ‘‘(E) The individual is an individual with a 21 disability (as defined in section 3 of the Ameri- 22 cans with Disabilities Act of 1990 (42 U.S.C. 23 12102)) and resides in a State which does not 24 offer voters the ability to use secure and acces- 25 sible remote ballot marking. For purposes of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01486 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1487 1 this subparagraph, a State shall permit an indi- 2 vidual to self-certify that the individual is an in- 3 dividual with a disability. 4 ‘‘(2) EXCLUSION OF ABSENT UNIFORMED SERV- 5 ICES AND OVERSEAS VOTERS.—The 6 individual’ shall not include an absent uniformed 7 services voter or an overseas voter. 8 ‘‘(c) STATE.—For purposes of this section, the term term ‘qualified 9 ‘State’ includes the District of Columbia, the Common10 wealth of Puerto Rico, Guam, American Samoa, the 11 United States Virgin Islands, and the Commonwealth of 12 the Northern Mariana Islands. 13 ‘‘(d) EFFECTIVE DATE.—This section shall apply 14 with respect to the regularly scheduled general election for 15 Federal office held in November 2020 and each succeeding 16 election for Federal office.’’. 17 (b) CONFORMING AMENDMENT.—Section 102(a) of 18 such Act (52 U.S.C. 20302(a)) is amended— 19 20 (1) by striking ‘‘and’’ at the end of paragraph (10); 21 22 (2) by striking the period at the end of paragraph (11) and inserting ‘‘; and’’; and 23 24 (3) by adding at the end the following new paragraph: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01487 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1488 1 ‘‘(12) meet the requirements of section 103C 2 with respect to the provision of blank absentee bal- 3 lots for the use of qualified individuals described in 4 such section.’’. 5 (c) CLERICAL AMENDMENTS.—The table of contents 6 of such Act is amended by inserting the following after 7 section 103: ‘‘Sec. 103A. Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters. ‘‘Sec. 103B. Federal voting assistance program improvements. ‘‘Sec. 103C. Transmission of blank absentee ballots to certain other voters.’’. 8 SEC. 160007. VOTER REGISTRATION. 9 (a) REQUIRING AVAILABILITY OF INTERNET FOR 10 VOTER REGISTRATION.— 11 (1) REQUIRING 12 FOR REGISTRATION.—The 13 tion Act of 1993 (52 U.S.C. 20501 et seq.) is 14 amended by inserting after section 6 the following 15 new section: 16 AVAILABILITY OF INTERNET National Voter Registra- ‘‘SEC. 6A. INTERNET REGISTRATION. 17 ‘‘(a) REQUIRING AVAILABILITY OF INTERNET FOR 18 ONLINE REGISTRATION.— 19 ‘‘(1) AVAILABILITY 20 AND CORRECTION OF EXISTING REGISTRATION IN- 21 FORMATION.—Each 22 State election official, shall ensure that the following 23 services are available to the public at any time on g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF ONLINE REGISTRATION 12:13 May 12, 2020 Jkt 000000 State, acting through the chief (763351 3) PO 00000 Frm 01488 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1489 1 the official public websites of the appropriate State 2 and local election officials in the State, in the same 3 manner and subject to the same terms and condi- 4 tions as the services provided by voter registration 5 agencies under section 7(a): 6 ‘‘(A) Online application for voter registra- 7 tion. 8 ‘‘(B) Online assistance to applicants in ap- 9 plying to register to vote. 10 ‘‘(C) Online completion and submission by 11 applicants of the mail voter registration applica- 12 tion form prescribed by the Election Assistance 13 Commission pursuant to section 9(a)(2), includ- 14 ing assistance with providing a signature as re- 15 quired under subsection (c). 16 ‘‘(D) Online receipt of completed voter reg- 17 istration applications. 18 ‘‘(b) ACCEPTANCE OF COMPLETED APPLICATIONS.— 19 A State shall accept an online voter registration applica20 tion provided by an individual under this section, and en21 sure that the individual is registered to vote in the State, 22 if— 23 ‘‘(1) the individual meets the same voter reg- 24 istration requirements applicable to individuals who 25 register to vote by mail in accordance with section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01489 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1490 1 6(a)(1) using the mail voter registration application 2 form prescribed by the Election Assistance Commis- 3 sion pursuant to section 9(a)(2); and 4 ‘‘(2) the individual meets the requirements of 5 subsection (c) to provide a signature in electronic 6 form (but only in the case of applications submitted 7 during or after the second year in which this section 8 is in effect in the State). 9 ‘‘(c) SIGNATURE REQUIREMENTS.— 10 ‘‘(1) IN purposes of this sec- 11 tion, an individual meets the requirements of this 12 subsection as follows: 13 ‘‘(A) In the case of an individual who has 14 a signature on file with a State agency, includ- 15 ing the State motor vehicle authority, that is 16 required to provide voter registration services 17 under this Act or any other law, the individual 18 consents to the transfer of that electronic signa- 19 ture. 20 ‘‘(B) If subparagraph (A) does not apply, 21 the individual submits with the application an 22 electronic copy of the individual’s handwritten 23 signature through electronic means. 24 ‘‘(C) If subparagraph (A) and subpara- 25 graph (B) do not apply, the individual executes g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01490 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1491 1 a computerized mark in the signature field on 2 an online voter registration application, in ac- 3 cordance with reasonable security measures es- 4 tablished by the State, but only if the State ac- 5 cepts such mark from the individual. 6 ‘‘(2) TREATMENT 7 MEET REQUIREMENT.—If 8 meet the requirements of paragraph (1), the State 9 shall— an individual is unable to 10 ‘‘(A) permit the individual to complete all 11 other elements of the online voter registration 12 application; 13 ‘‘(B) permit the individual to provide a sig- 14 nature at the time the individual requests a bal- 15 lot in an election (whether the individual re- 16 quests the ballot at a polling place or requests 17 the ballot by mail); and 18 ‘‘(C) if the individual carries out the steps 19 described in subparagraph (A) and subpara- 20 graph (B), ensure that the individual is reg- 21 istered to vote in the State. 22 ‘‘(3) NOTICE.—The State shall ensure that in- 23 dividuals applying to register to vote online are noti- 24 fied of the requirements of paragraph (1) and of the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF INDIVIDUALS UNABLE TO 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01491 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1492 1 treatment of individuals unable to meet such re- 2 quirements, as described in paragraph (2). 3 ‘‘(d) CONFIRMATION AND DISPOSITION.— 4 ‘‘(1) CONFIRMATION the 5 online submission of a completed voter registration 6 application by an individual under this section, the 7 appropriate State or local election official shall send 8 the individual a notice confirming the State’s receipt 9 of the application and providing instructions on how 10 the individual may check the status of the applica- 11 tion. 12 ‘‘(2) NOTICE OF DISPOSITION.—Not later than 13 7 days after the appropriate State or local election 14 official has approved or rejected an application sub- 15 mitted by an individual under this section, the offi- 16 cial shall send the individual a notice of the disposi- 17 tion of the application. 18 ‘‘(3) METHOD OF NOTIFICATION.—The appro- 19 priate State or local election official shall send the 20 notices required under this subsection by regular 21 mail and— 22 ‘‘(A) in the case of an individual who has 23 provided the official with an electronic mail ad- 24 dress, by electronic mail; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF RECEIPT.—Upon 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01492 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1493 1 ‘‘(B) at the option of an individual, by text 2 3 message. ‘‘(e) PROVISION OF SERVICES IN NONPARTISAN 4 MANNER.—The services made available under subsection 5 (a) shall be provided in a manner that ensures that, con6 sistent with section 7(a)(5)— 7 ‘‘(1) the online application does not seek to in- 8 fluence an applicant’s political preference or party 9 registration; and 10 ‘‘(2) there is no display on the website pro- 11 moting any political preference or party allegiance, 12 except that nothing in this paragraph may be con- 13 strued to prohibit an applicant from registering to 14 vote as a member of a political party. 15 ‘‘(f) PROTECTION OF SECURITY OF INFORMATION.— 16 In meeting the requirements of this section, the State shall 17 establish appropriate technological security measures to 18 prevent to the greatest extent practicable any unauthor19 ized access to information provided by individuals using 20 the services made available under subsection (a). 21 ‘‘(g) ACCESSIBILITY OF SERVICES.—A state shall en- 22 sure that the services made available under this section 23 are made available to individuals with disabilities to the 24 same extent as services are made available to all other in25 dividuals. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01493 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1494 1 2 ‘‘(h) USE TEM.—A OF ADDITIONAL TELEPHONE-BASED SYS- State shall make the services made available on- 3 line under subsection (a) available through the use of an 4 automated telephone-based system, subject to the same 5 terms and conditions applicable under this section to the 6 services made available online, in addition to making the 7 services available online in accordance with the require8 ments of this section. 9 10 ‘‘(i) NONDISCRIMINATION AMONG REGISTERED VOTERS USING MAIL AND ONLINE REGISTRATION.—In car- 11 rying out this Act, the Help America Vote Act of 2002, 12 or any other Federal, State, or local law governing the 13 treatment of registered voters in the State or the adminis14 tration of elections for public office in the State, a State 15 shall treat a registered voter who registered to vote online 16 in accordance with this section in the same manner as the 17 State treats a registered voter who registered to vote by 18 mail.’’. 19 20 (2) SPECIAL USING ONLINE REGISTRATION.— 21 (A) TREATMENT AS INDIVIDUALS REG- 22 ISTERING TO VOTE BY MAIL FOR PURPOSES OF 23 FIRST-TIME VOTER IDENTIFICATION REQUIRE- 24 MENTS.—Section 25 America g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REQUIREMENTS FOR INDIVIDUALS 12:13 May 12, 2020 Jkt 000000 Vote 303(b)(1)(A) of the Help Act of 2002 (52 U.S.C. Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X (763351 3) PO 00000 Frm 01494 Fmt 6652 G:\CMTE\AP\16\FY20\_D\HEROES.XML 1495 1 21083(b)(1)(A)) is amended by striking ‘‘by 2 mail’’ and inserting ‘‘by mail or online under 3 section 6A of the National Voter Registration 4 Act of 1993’’. 5 (B) REQUIRING 6 TIME 7 303(b) of such Act (52 U.S.C. 21083(b)) is 8 amended— VOTERS 9 JURISDICTION.—Section paragraph (6); and 11 (ii) by inserting after paragraph (4) 12 the following new paragraph: 13 14 IN (i) by redesignating paragraph (5) as 10 ‘‘(5) SIGNATURE REQUIREMENTS FOR FIRST- TIME VOTERS USING ONLINE REGISTRATION.— 15 ‘‘(A) IN GENERAL.—A State shall, in a 16 uniform and nondiscriminatory manner, require 17 an individual to meet the requirements of sub- 18 paragraph (B) if— 19 ‘‘(i) the individual registered to vote 20 in the State online under section 6A of the 21 National Voter Registration Act of 1993; 22 and 23 ‘‘(ii) the individual has not previously 24 voted in an election for Federal office in 25 the State. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 SIGNATURE FOR FIRST- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01495 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1496 1 individual 2 meets the requirements of this subparagraph 3 if— 4 ‘‘(i) in the case of an individual who 5 votes in person, the individual provides the 6 appropriate State or local election official 7 with a handwritten signature; or 8 ‘‘(ii) in the case of an individual who 9 votes by mail, the individual submits with 10 the ballot a handwritten signature. 11 ‘‘(C) INAPPLICABILITY.—Subparagraph 12 (A) does not apply in the case of an individual 13 who is— 14 ‘‘(i) entitled to vote by absentee ballot 15 under the Uniformed and Overseas Citi- 16 zens Absentee Voting Act (52 U.S.C. 17 20302 et seq.); 18 ‘‘(ii) provided the right to vote other- 19 wise 20 3(b)(2)(B)(ii) of the Voting Accessibility 21 for the Elderly and Handicapped Act (52 22 U.S.C. 20102(b)(2)(B)(ii)); or 23 in person under section in person under any other Federal law.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 than ‘‘(iii) entitled to vote otherwise than 24 VerDate Mar 15 2010 REQUIREMENTS.—An ‘‘(B) Jkt 000000 (763351 3) PO 00000 Frm 01496 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1497 1 (C) CONFORMING 2 TO EFFECTIVE DATE.—Section 3 such Act (52 U.S.C. 21083(d)(2)(A)) is amend- 4 ed by striking ‘‘Each State’’ and inserting ‘‘Ex- 5 cept as provided in subsection (b)(5), each 6 State’’. 7 (3) CONFORMING 8 (A) TIMING 303(d)(2)(A) of AMENDMENTS.— OF REGISTRATION.—Section 9 8(a)(1) of the National Voter Registration Act 10 of 1993 (52 U.S.C. 20507(a)(1)) is amended— 11 (i) by striking ‘‘and’’ at the end of 12 subparagraph (C); 13 (ii) by redesignating subparagraph 14 (D) as subparagraph (E); and 15 (iii) by inserting after subparagraph 16 (C) the following new subparagraph: 17 ‘‘(D) in the case of online registration 18 through the official public website of an election 19 official under section 6A, if the valid voter reg- 20 istration application is submitted online not 21 later than the lesser of 28 days, or the period 22 provided by State law, before the date of the 23 election (as determined by treating the date on 24 which the application is sent electronically as 25 the date on which it is submitted); and’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AMENDMENT RELATING 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01497 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1498 1 (B) INFORMING APPLICANTS OF ELIGI- 2 BILITY REQUIREMENTS AND PENALTIES.—Sec- 3 tion 4 20507(a)(5)) is amended by striking ‘‘and 7’’ 5 and inserting ‘‘6A, and 7’’. 6 (b) USE 8(a)(5) OF of INTERNET such TO Act (52 U.S.C. UPDATE REGISTRATION 7 INFORMATION.— 8 9 10 (1) UPDATES COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST.— 11 (A) IN GENERAL.—Section 303(a) of the 12 Help America Vote Act of 2002 (52 U.S.C. 13 21083(a)) is amended by adding at the end the 14 following new paragraph: 15 ‘‘(6) USE 16 OF INTERNET BY REGISTERED VOT- ERS TO UPDATE INFORMATION.— 17 ‘‘(A) IN GENERAL.—The appropriate State 18 or local election official shall ensure that any 19 registered voter on the computerized list may at 20 any time update the voter’s registration infor- 21 mation, including the voter’s address and elec- 22 tronic mail address, online through the official 23 public website of the election official responsible 24 for the maintenance of the list, so long as the 25 voter attests to the contents of the update by g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO INFORMATION CONTAINED ON 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01498 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1499 1 providing a signature in electronic form in the 2 same manner required under section 6A(c) of 3 the National Voter Registration Act of 1993. 4 ‘‘(B) PROCESSING 5 TION BY ELECTION OFFICIALS.—If 6 voter updates registration information under 7 subparagraph (A), the appropriate State or 8 local election official shall— a registered 9 ‘‘(i) revise any information on the 10 computerized list to reflect the update 11 made by the voter; and 12 ‘‘(ii) if the updated registration infor- 13 mation affects the voter’s eligibility to vote 14 in an election for Federal office, ensure 15 that the information is processed with re- 16 spect to the election if the voter updates 17 the information not later than the lesser of 18 7 days, or the period provided by State 19 law, before the date of the election. 20 ‘‘(C) CONFIRMATION 21 AND DISPOSITION.— ‘‘(i) CONFIRMATION OF RECEIPT.— 22 Upon the online submission of updated 23 registration information by an individual 24 under this paragraph, the appropriate 25 State or local election official shall send g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF UPDATED INFORMA- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01499 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1500 1 the individual a notice confirming the 2 State’s receipt of the updated information 3 and providing instructions on how the indi- 4 vidual may check the status of the update. 5 ‘‘(ii) NOTICE 6 later than 7 days after the appropriate 7 State or local election official has accepted 8 or rejected updated information submitted 9 by an individual under this paragraph, the 10 official shall send the individual a notice of 11 the disposition of the update. 12 ‘‘(iii) METHOD OF NOTIFICATION.— 13 The appropriate State or local election offi- 14 cial shall send the notices required under 15 this subparagraph by regular mail and— 16 ‘‘(I) in the case of an individual 17 who has requested that the State pro- 18 vide voter registration and voting in- 19 formation through electronic mail, by 20 electronic mail; and 21 ‘‘(II) at the option of an indi- 22 vidual, by text message.’’. 23 (B) CONFORMING AMENDMENT RELATING 24 TO EFFECTIVE DATE.—Section 25 such Act (52 U.S.C. 21083(d)(1)(A)) is amend- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF DISPOSITION.—Not 12:13 May 12, 2020 Jkt 000000 303(d)(1)(A) of (763351 3) PO 00000 Frm 01500 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1501 1 ed by striking ‘‘subparagraph (B),’’ and insert- 2 ing ‘‘subparagraph (B) and subsection (a)(6),’’. 3 (2) ABILITY 4 UPDATE 5 DENCE.—Section 6 Registration 7 20507(d)(2)(A)) is amended— TO PROVIDE INFORMATION ON RESI- 8(d)(2)(A) of the National Voter Act of 1993 (52 U.S.C. 8 (A) in the first sentence, by inserting after 9 ‘‘return the card’’ the following: ‘‘or update the 10 registrant’s information on the computerized 11 Statewide voter registration list using the online 12 method provided under section 303(a)(6) of the 13 Help America Vote Act of 2002’’; and 14 (B) in the second sentence, by striking 15 ‘‘returned,’’ and inserting the following: ‘‘re- 16 turned or if the registrant does not update the 17 registrant’s information on the computerized 18 Statewide voter registration list using such on- 19 line method,’’. 20 (c) SAME DAY REGISTRATION.— 21 (1) IN GENERAL.—Subtitle C of title III of the 22 Help America Vote Act of 2002, as added by section 23 160003(a) and as amended by sections 160004(a) 24 and 160005(a), is further amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF REGISTRANT TO USE ONLINE 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01501 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1502 1 (A) by redesignating sections 327 and 328 2 as sections 328 and 329; and 3 (B) by inserting after section 326 the fol- 4 5 lowing new section: ‘‘SEC. 327. SAME DAY REGISTRATION. 6 ‘‘(a) IN GENERAL.— 7 ‘‘(1) REGISTRATION.—Each State shall permit 8 any eligible individual on the day of a Federal elec- 9 tion and on any day when voting, including early 10 voting, is permitted for a Federal election— 11 ‘‘(A) to register to vote in such election at 12 the polling place using a form that meets the 13 requirements under section 9(b) of the National 14 Voter Registration Act of 1993 (or, if the indi- 15 vidual is already registered to vote, to revise 16 any of the individual’s voter registration infor- 17 mation); and 18 ‘‘(B) to cast a vote in such election. 19 ‘‘(2) EXCEPTION.—The requirements under 20 paragraph (1) shall not apply to a State in which, 21 under a State law in effect continuously on and after 22 the date of the enactment of this section, there is no 23 voter registration requirement for individuals in the 24 State with respect to elections for Federal office. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01502 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1503 1 ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this 2 section, the term ‘eligible individual’ means, with respect 3 to any election for Federal office, an individual who is oth4 erwise qualified to vote in that election. 5 ‘‘(c) EFFECTIVE DATE.—Each State shall be re- 6 quired to comply with the requirements of subsection (a) 7 for the regularly scheduled general election for Federal of8 fice occurring in November 2020 and for any subsequent 9 election for Federal office.’’. 10 (2) CLERICAL AMENDMENT.—The table of con- 11 tents of such Act, as added by section 160003 and 12 as amended by sections 160004 and 160005, is fur- 13 ther amended— 14 (A) by redesignating the items relating to 15 sections 327 and 328 as relating to sections 16 328 and 329; and 17 (B) by inserting after the item relating to 18 section 326 the following new item: ‘‘Sec. 327. Same day registration.’’. 19 (d) PROHIBITING STATE FROM REQUIRING APPLI- 20 CANTS TO 21 CIAL OF SO- SECURITY NUMBER.— 22 (1) FORM INCLUDED WITH APPLICATION FOR 23 MOTOR 24 5(c)(2)(B)(ii) of the National Voter Registration Act 25 of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PROVIDE MORE THAN LAST 4 DIGITS 12:13 May 12, 2020 Jkt 000000 VEHICLE DRIVER’S LICENSE.—Section (763351 3) PO 00000 Frm 01503 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1504 1 by striking the semicolon at the end and inserting 2 the following: ‘‘, and to the extent that the applica- 3 tion requires the applicant to provide a Social Secu- 4 rity number, may not require the applicant to pro- 5 vide more than the last 4 digits of such number;’’. 6 (2) NATIONAL VOTER REGISTRATION 7 FORM.—Section 8 20508(b)(1)) is amended by striking the semicolon 9 at the end and inserting the following: ‘‘, and to the 10 extent that the form requires the applicant to pro- 11 vide a Social Security number, the form may not re- 12 quire the applicant to provide more than the last 4 13 digits of such number;’’. 14 (3) EFFECTIVE 9(b)(1) of such Act (52 U.S.C. DATE.—The amendments made 15 by this subsection shall apply with respect to the 16 regularly scheduled general election for Federal of- 17 fice held in November 2020 and each succeeding 18 election for Federal office. 19 SEC. 160008. ACCOMMODATIONS FOR VOTERS RESIDING IN 20 21 INDIAN LANDS. (a) ACCOMMODATIONS DESCRIBED.— 22 (1) DESIGNATION OF BALLOT PICKUP AND COL- 23 LECTION LOCATIONS.—Given 24 residential mail delivery in Indian Country, an In- 25 dian Tribe may designate buildings as ballot pickup g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MAIL 12:13 May 12, 2020 Jkt 000000 the widespread lack of (763351 3) PO 00000 Frm 01504 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1505 1 and collection locations with respect to an election 2 for Federal office at no cost to the Indian Tribe. An 3 Indian Tribe may designate one building per pre- 4 cinct located within Indian lands. The applicable 5 State or political subdivision shall collect ballots 6 from those locations. The applicable State or polit- 7 ical subdivision shall provide the Indian Tribe with 8 accurate precinct maps for all precincts located with- 9 in Indian lands 60 days before the election. 10 (2) PROVISION MAIL-IN AND ABSENTEE 11 BALLOTS.—The 12 provide mail-in and absentee ballots with respect to 13 an election for Federal office to each individual who 14 is registered to vote in the election who resides on 15 Indian lands in the State or political subdivision in- 16 volved without requiring a residential address or a 17 mail-in or absentee ballot request. 18 (3) USE State or political subdivision shall OF DESIGNATED BUILDING AS RESI- 19 DENTIAL AND MAILING ADDRESS.—The 20 designated building that is a ballot pickup and col- 21 lection location with respect to an election for Fed- 22 eral office may serve as the residential address and 23 mailing address for voters living on Indian lands if 24 the tribally designated building is in the same pre- 25 cinct as that voter. If there is no tribally designated g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 address of a (763351 3) PO 00000 Frm 01505 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1506 1 building within a voter’s precinct, the voter may use 2 another tribally designated building within the In- 3 dian lands where the voter is located. Voters using 4 a tribally designated building outside of the voter’s 5 precinct may use the tribally designated building as 6 a mailing address and may separately designate the 7 voter’s appropriate precinct through a description of 8 the 9 9428.4(a)(2) of title 11, Code of Federal Regula- 10 address, as specified in section tions. 11 (4) LANGUAGE ACCESSIBILITY.—In the case of 12 a State or political subdivision that is a covered 13 State or political subdivision under section 203 of 14 the Voting Rights Act of 1965 (52 U.S.C. 10503), 15 that State or political subdivision shall provide ab- 16 sentee or mail-in voting materials with respect to an 17 election for Federal office in the language of the ap- 18 plicable minority group as well as in the English lan- 19 guage, bilingual election voting assistance, and writ- 20 ten translations of all voting materials in the lan- 21 guage of the applicable minority group, as required 22 by section 203 of the Voting Rights Act of 1965 (52 23 U.S.C. 10503), as amended by subsection (b). 24 (5) CLARIFICATION.—Nothing in this section 25 alters the ability of an individual voter residing on g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 voter’s 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01506 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1507 1 Indian lands to request a ballot in a manner avail- 2 able to all other voters in the State. 3 (6) DEFINITIONS.—In this section: 4 (A) ELECTION 5 The term ‘‘election for Federal office’’ means a 6 general, special, primary or runoff election for 7 the office of President or Vice President, or of 8 Senator or Representative in, or Delegate or 9 Resident Commissioner to, the Congress. 10 (B) INDIAN.—The term ‘‘Indian’’ has the 11 meaning given the term in section 4 of the In- 12 dian Self-Determination and Education Assist- 13 ance Act (25 U.S.C. 5304). 14 (C) INDIAN 15 lands’’ includes— LANDS.—The term ‘‘Indian 16 (i) any Indian country of an Indian 17 Tribe, as defined under section 1151 of 18 title 18, United States Code; 19 (ii) any land in Alaska owned, pursu- 20 ant to the Alaska Native Claims Settle- 21 ment Act (43 U.S.C. 1601 et seq.), by an 22 Indian Tribe that is a Native village (as 23 defined in section 3 of that Act (43 U.S.C. 24 1602)) or by a Village Corporation that is 25 associated with an Indian Tribe (as de- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR FEDERAL OFFICE.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01507 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1508 1 fined in section 3 of that Act (43 U.S.C. 2 1602)); 3 (iii) any land on which the seat of the 4 Tribal Government is located; and 5 (iv) any land that is part or all of a 6 Tribal designated statistical area associ- 7 ated with an Indian Tribe, or is part or all 8 of an Alaska Native village statistical area 9 associated with an Indian Tribe, as defined 10 by the Census Bureau for the purposes of 11 the most recent decennial census. 12 (D) INDIAN term ‘‘Indian 13 Tribe’’ has the meaning given the term ‘‘Indian 14 tribe’’ in section 4 of the Indian Self-Deter- 15 mination and Education Assistance Act (25 16 U.S.C. 5304). 17 (E) TRIBAL GOVERNMENT.—The term 18 ‘‘Tribal Government’’ means the recognized 19 governing body of an Indian Tribe. 20 (7) ENFORCEMENT.— 21 (A) ATTORNEY GENERAL.—The Attorney 22 General may bring a civil action in an appro- 23 priate district court for such declaratory or in- 24 junctive relief as is necessary to carry out this 25 subsection. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TRIBE.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01508 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1509 1 (B) PRIVATE 2 (i) A person or Tribal Government 3 who is aggrieved by a violation of this sub- 4 section may provide written notice of the 5 violation to the chief election official of the 6 State involved. 7 (ii) An aggrieved person or Tribal 8 Government may bring a civil action in an 9 appropriate district court for declaratory 10 or injunctive relief with respect to a viola- 11 tion of this subsection, if— 12 (I) that person or Tribal Govern- 13 ment provides the notice described in 14 clause (i); and 15 (II)(aa) in the case of a violation 16 that occurs more than 120 days be- 17 fore the date of an election for Fed- 18 eral office, the violation remains and 19 90 days or more have passed since the 20 date on which the chief election offi- 21 cial of the State receives the notice 22 under clause (i); or 23 (bb) in the case of a violation 24 that occurs 120 days or less before 25 the date of an election for Federal of- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RIGHT OF ACTION.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01509 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1510 1 fice, the violation remains and 20 2 days or more have passed since the 3 date on which the chief election offi- 4 cial of the State receives the notice 5 under clause (i). 6 (iii) In the case of a violation of this 7 section that occurs 30 days or less before 8 the date of an election for Federal office, 9 an aggrieved person or Tribal Government 10 may bring a civil action in an appropriate 11 district court for declaratory or injunctive 12 relief with respect to the violation without 13 providing notice to the chief election offi- 14 cial of the State under clause (i). 15 (b) BILINGUAL ELECTION REQUIREMENTS.—Section 16 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) 17 is amended— 18 (1) in subsection (b)(3)(C), by striking ‘‘1990’’ 19 and inserting ‘‘2010’’; and 20 (2) by striking subsection (c) and inserting the 21 following: 22 ‘‘(c) PROVISION OF VOTING MATERIALS IN THE LAN- 23 GUAGE OF A 24 25 ‘‘(1) IN 12:13 May 12, 2020 GENERAL.—Whenever any State or po- litical subdivision subject to the prohibition of sub- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MINORITY GROUP.— Jkt 000000 (763351 3) PO 00000 Frm 01510 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1511 1 section (b) of this section provides any registration 2 or voting notices, forms, instructions, assistance, or 3 other materials or information relating to the elec- 4 toral process, including ballots, it shall provide them 5 in the language of the applicable minority group as 6 well as in the English language. 7 ‘‘(2) EXCEPTIONS.— 8 ‘‘(A) In the case of a minority group that 9 is not American Indian or Alaska Native and 10 the language of that minority group is oral or 11 unwritten, the State or political subdivision 12 shall only be required to furnish, in the covered 13 language, oral instructions, assistance, trans- 14 lation of voting materials, or other information 15 relating to registration and voting. 16 ‘‘(B) In the case of a minority group that 17 is American Indian or Alaska Native, the State 18 or political subdivision shall only be required to 19 furnish in the covered language oral instruc- 20 tions, assistance, or other information relating 21 to registration and voting, including all voting 22 materials, if the Tribal Government of that mi- 23 nority group has certified that the language of 24 the applicable American Indian or Alaska Na- 25 tive language is presently unwritten or the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01511 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1512 1 Tribal Government does not want written trans- 2 lations in the minority language. 3 ‘‘(3) WRITTEN TRANSLATIONS FOR ELECTION 4 WORKERS.—Notwithstanding 5 State or political division may be required to provide 6 written translations of voting materials, with the 7 consent of any applicable Indian Tribe, to election 8 workers to ensure that the translations from English 9 to the language of a minority group are complete, paragraph (2), the 10 accurate, and uniform.’’. 11 (c) EFFECTIVE DATE.—This section and the amend- 12 ments made by this section shall apply with respect to the 13 regularly scheduled general election for Federal office held 14 in November 2020 and each succeeding election for Fed15 eral office. 16 SEC. 160009. PAYMENTS BY ELECTION ASSISTANCE COM- 17 MISSION TO STATES TO ASSIST WITH COSTS 18 OF COMPLIANCE. 19 (a) AVAILABILITY OF GRANTS.—Subtitle D of title 20 II of the Help America Vote Act of 2002 (52 U.S.C. 21 21001 et seq.) is amended by adding at the end the fol22 lowing new part: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01512 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1513 1 ‘‘PART 7—PAYMENTS TO ASSIST WITH COSTS OF 2 COMPLIANCE WITH ACCESS ACT 3 ‘‘SEC. 297. PAYMENTS TO ASSIST WITH COSTS OF COMPLI- 4 5 ANCE WITH ACCESS ACT. ‘‘(a) AVAILABILITY AND USE OF PAYMENTS.— 6 ‘‘(1) IN Commission shall 7 make a payment to each eligible State to assist the 8 State with the costs of complying with the American 9 Coronavirus/COVID–19 Election Safety and Secu- 10 rity Act and the amendments made by such Act, in- 11 cluding the provisions of such Act and such amend- 12 ments which require States to pre-pay the postage 13 on absentee ballots and balloting materials. 14 ‘‘(2) PUBLIC EDUCATION CAMPAIGNS.—For 15 purposes of this part, the costs incurred by a State 16 in carrying out a campaign to educate the public 17 about 18 Coronavirus/COVID–19 Election Safety and Secu- 19 rity Act and the amendments made by such Act 20 shall be included as the costs of complying with such 21 Act and such amendments. 22 ‘‘(b) PRIMARY ELECTIONS.— 23 the requirements ‘‘(1) PAYMENTS of the TO STATES.—In American addition to 24 any payments under subsection (a), the Commission 25 shall make a payment to each eligible State to assist 26 the State with the costs incurred in voluntarily elect- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01513 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1514 1 ing to comply with the American Coronavirus/ 2 COVID–19 Election Safety and Security Act and 3 the amendments made by such Act with respect to 4 primary elections for Federal office held in the State 5 in 2020. 6 ‘‘(2) STATE addi- 7 tion to any payments under paragraph (1), the Com- 8 mission shall make payments to each eligible polit- 9 ical party of the State for costs incurred by such 10 parties to send absentee ballots and return envelopes 11 with prepaid postage to eligible voters participating 12 in such primaries during 2020. 13 ‘‘(c) PASS-THROUGH OF FUNDS TO LOCAL JURISDIC- 14 TIONS.— 15 ‘‘(1) IN GENERAL.—If a State receives a pay- 16 ment under this part for costs that include costs in- 17 curred by a local jurisdiction or Tribal government 18 within the State, the State shall pass through to 19 such local jurisdiction or Tribal government a por- 20 tion of such payment that is equal to the amount of 21 the costs incurred by such local jurisdiction or Trib- 22 al government. 23 ‘‘(2) TRIBAL GOVERNMENT DEFINED.—In this 24 subsection, the term ‘Tribal Government’ means the 25 recognized governing body of an Indian tribe (as de- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PARTY-RUN PRIMARIES.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01514 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1515 1 fined in section 4 of the Indian Self-Determination 2 and Education Assistance Act (25 U.S.C. 5304). 3 ‘‘(d) SCHEDULE OF PAYMENTS.—As soon as prac- 4 ticable after the date of the enactment of this part and 5 not less frequently than once each calendar year there6 after, the Commission shall make payments under this 7 part. 8 ‘‘(e) COVERAGE OF COMMONWEALTH OF NORTHERN 9 MARIANA ISLANDS.—In this part, the term ‘State’ in10 cludes the Commonwealth of the Northern Mariana Is11 lands. 12 ‘‘(f) LIMITATION.—No funds may be provided to a 13 State under this part for costs attributable to the elec14 tronic return of marked ballots by any voter. 15 ‘‘SEC. 297A. AMOUNT OF PAYMENT. 16 ‘‘(a) IN GENERAL.—Except as provided in section 17 297C, the amount of a payment made to an eligible State 18 for a year under this part shall be determined by the Com19 mission. 20 ‘‘(b) CONTINUING AVAILABILITY OF FUNDS AFTER 21 APPROPRIATION.—A payment made to an eligible State 22 or eligible unit of local government under this part shall 23 be available without fiscal year limitation. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01515 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1516 1 ‘‘SEC. 297B. REQUIREMENTS FOR ELIGIBILITY. 2 ‘‘(a) APPLICATION.—Except as provided in section 3 297C, each State that desires to receive a payment under 4 this part for a fiscal year, and each political party of a 5 State that desires to receive a payment under section 6 297(b)(2), shall submit an application for the payment to 7 the Commission at such time and in such manner and con8 taining such information as the Commission shall require. 9 ‘‘(b) CONTENTS OF APPLICATION.—Each application 10 submitted under subsection (a) shall— 11 ‘‘(1) describe the activities for which assistance 12 under this part is sought; and 13 ‘‘(2) provide such additional information and 14 certifications as the Commission determines to be es- 15 sential to ensure compliance with the requirements 16 of this part. 17 ‘‘SEC. 297C. SPECIAL RULES FOR PAYMENTS FOR ELEC- 18 19 TIONS SUBJECT TO EMERGENCY RULES. ‘‘(a) SUBMISSION OF ESTIMATED COSTS.—If the spe- 20 cial rules in the case of an emergency period under section 21 322(c)(3) apply to an election, not later than the applica22 ble deadline under subsection (c), the State shall submit 23 to the Commission a request for a payment under this 24 part, and shall include in the request the State’s estimate 25 of the costs the State expects to incur in the administra- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01516 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1517 1 tion of the election which are attributable to the applica2 tion of such special rules to the election. 3 ‘‘(b) PAYMENT.—Not later than 7 days after receiv- 4 ing a request from the State under subsection (a), the 5 Commission shall make a payment to the State in an 6 amount equal to the estimate provided by the State in the 7 request. 8 ‘‘(c) APPLICABLE DEADLINE.—The applicable dead- 9 line under this paragraph with respect to an election is— 10 ‘‘(1) with respect to the regularly scheduled 11 general election for Federal office held in November 12 2020, 15 days after the date of the enactment of 13 this part; and 14 ‘‘(2) with respect to any other election, 15 days 15 after the emergency or disaster described in section 16 322(c)(3) is declared. 17 ‘‘SEC. 297D. AUTHORIZATION OF APPROPRIATIONS. 18 ‘‘There are authorized to be appropriated for pay- 19 ments under this part— 20 ‘‘(1) in the case of payments made under sec- 21 tion 297C, such sums as may be necessary for fiscal 22 year 2020 and each succeeding fiscal year; and 23 24 ‘‘(2) in the case of any other payments, such sums as may be necessary for fiscal year 2020. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01517 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1518 1 ‘‘SEC. 297E. REPORTS. 2 ‘‘(a) REPORTS BY RECIPIENTS.—Not later than 6 3 months after the end of each fiscal year for which an eligi4 ble State received a payment under this part, the State 5 shall submit a report to the Commission on the activities 6 conducted with the funds provided during the year. 7 ‘‘(b) REPORTS BY COMMISSION TO COMMITTEES.— 8 With respect to each fiscal year for which the Commission 9 makes payments under this part, the Commission shall 10 submit a report on the activities carried out under this 11 part to the Committee on House Administration of the 12 House of Representatives and the Committee on Rules 13 and Administration of the Senate.’’. 14 (b) CLERICAL AMENDMENT.—The table of contents 15 of such Act is amended by adding at the end of the items 16 relating to subtitle D of title II the following: ‘‘PART 7—PAYMENTS ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. TO ASSIST WITH COSTS ACCESS ACT OF COMPLIANCE WITH 297. Payments to assist with costs of compliance with Access Act. 297A. Amount of payment. 297B. Requirements for eligibility. 297C. Authorization of appropriations. 297D. Reports.’’. 17 SEC. 160010. GRANTS TO STATES FOR CONDUCTING RISK- 18 LIMITING AUDITS OF RESULTS OF ELEC- 19 TIONS. 20 (a) AVAILABILITY OF GRANTS.—Subtitle D of title 21 II of the Help America Vote Act of 2002 (52 U.S.C. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01518 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1519 1 21001 et seq.), as amended by section 160009(a), is fur2 ther amended by adding at the end the following new part: 3 ‘‘PART 8—GRANTS FOR CONDUCTING RISK- 4 LIMITING AUDITS OF RESULTS OF ELECTIONS 5 ‘‘SEC. 298. GRANTS FOR CONDUCTING RISK-LIMITING AU- 6 7 DITS OF RESULTS OF ELECTIONS. ‘‘(a) AVAILABILITY OF GRANTS.—The Commission 8 shall make a grant to each eligible State to conduct risk9 limiting audits as described in subsection (b) with respect 10 to the regularly scheduled general elections for Federal of11 fice held in November 2020 and each succeeding election 12 for Federal office. 13 ‘‘(b) RISK-LIMITING AUDITS DESCRIBED.—In this 14 part, a ‘risk-limiting audit’ is a post-election process— 15 ‘‘(1) which is conducted in accordance with 16 rules and procedures established by the chief State 17 election official of the State which meet the require- 18 ments of subsection (c); and 19 ‘‘(2) under which, if the reported outcome of 20 the election is incorrect, there is at least a predeter- 21 mined percentage chance that the audit will replace 22 the incorrect outcome with the correct outcome as 23 determined by a full, hand-to-eye tabulation of all 24 votes validly cast in that election that ascertains g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01519 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1520 1 voter intent manually and directly from voter- 2 verifiable paper records. 3 ‘‘(c) REQUIREMENTS 4 DURES.—The FOR RULES AND PROCE- rules and procedures established for con- 5 ducting a risk-limiting audit shall include the following 6 elements: 7 ‘‘(1) Rules for ensuring the security of ballots 8 and documenting that prescribed procedures were 9 followed. 10 ‘‘(2) Rules and procedures for ensuring the ac- 11 curacy of ballot manifests produced by election agen- 12 cies. 13 ‘‘(3) Rules and procedures for governing the 14 format of ballot manifests, cast vote records, and 15 other data involved in the audit. 16 ‘‘(4) Methods to ensure that any cast vote 17 records used in the audit are those used by the vot- 18 ing system to tally the election results sent to the 19 chief State election official and made public. 20 ‘‘(5) Procedures for the random selection of 21 ballots to be inspected manually during each audit. 22 ‘‘(6) Rules for the calculations and other meth- 23 ods to be used in the audit and to determine wheth- 24 er and when the audit of an election is complete. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01520 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1521 1 ‘‘(7) Procedures and requirements for testing 2 any software used to conduct risk-limiting audits. 3 ‘‘(d) DEFINITIONS.—In this part, the following defi- 4 nitions apply: 5 ‘‘(1) The term ‘ballot manifest’ means a record 6 maintained by each election agency that meets each 7 of the following requirements: 8 ‘‘(A) The record is created without reliance 9 on any part of the voting system used to tab- 10 ulate votes. 11 ‘‘(B) The record functions as a sampling 12 frame for conducting a risk-limiting audit. 13 ‘‘(C) The record contains the following in- 14 formation with respect to the ballots cast and 15 counted in the election: 16 ‘‘(i) The total number of ballots cast 17 and counted by the agency (including 18 undervotes, overvotes, and other invalid 19 votes). 20 ‘‘(ii) The total number of ballots cast 21 in each election administered by the agency 22 (including undervotes, overvotes, and other 23 invalid votes). 24 ‘‘(iii) A precise description of the 25 manner in which the ballots are physically g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01521 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1522 1 stored, including the total number of phys- 2 ical groups of ballots, the numbering sys- 3 tem for each group, a unique label for each 4 group, and the number of ballots in each 5 such group. 6 ‘‘(2) The term ‘incorrect outcome’ means an 7 outcome that differs from the outcome that would be 8 determined by a full tabulation of all votes validly 9 cast in the election, determining voter intent manu- 10 ally, directly from voter-verifiable paper records. 11 ‘‘(3) The term ‘outcome’ means the winner of 12 an election, whether a candidate or a position. 13 ‘‘(4) The term ‘reported outcome’ means the 14 outcome of an election which is determined accord- 15 ing to the canvass and which will become the official, 16 certified outcome unless it is revised by an audit, re- 17 count, or other legal process. 18 ‘‘SEC. 298A. ELIGIBILITY OF STATES. 19 ‘‘A State is eligible to receive a grant under this part 20 if the State submits to the Commission, at such time and 21 in such form as the Commission may require, an applica22 tion containing— 23 ‘‘(1) a certification that, not later than 5 years 24 after receiving the grant, the State will conduct risk- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01522 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1523 1 limiting audits of the results of elections for Federal 2 office held in the State as described in section 298; 3 ‘‘(2) a certification that, not later than one year 4 after the date of the enactment of this section, the 5 chief State election official of the State has estab- 6 lished or will establish the rules and procedures for 7 conducting the audits which meet the requirements 8 of section 298(c); 9 ‘‘(3) a certification that the audit shall be com- 10 pleted not later than the date on which the State 11 certifies the results of the election; 12 ‘‘(4) a certification that, after completing the 13 audit, the State shall publish a report on the results 14 of the audit, together with such information as nec- 15 essary to confirm that the audit was conducted prop- 16 erly; 17 ‘‘(5) a certification that, if a risk-limiting audit 18 conducted under this part leads to a full manual 19 tally of an election, State law requires that the State 20 or election agency shall use the results of the full 21 manual tally as the official results of the election; 22 and 23 24 ‘‘(6) such other information and assurances as the Commission may require. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01523 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1524 1 ‘‘SEC. 298B. AUTHORIZATION OF APPROPRIATIONS. 2 ‘‘There are authorized to be appropriated for grants 3 under this part $20,000,000 for fiscal year 2020, to re4 main available until expended.’’. 5 (b) CLERICAL AMENDMENT.—The table of contents 6 of such Act, as amended by section 160009(b), is further 7 amended by adding at the end of the items relating to 8 subtitle D of title II the following: ‘‘PART 8—GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF ELECTIONS OF RESULTS ‘‘Sec. 298. Grants for conducting risk-limiting audits of results of elections. ‘‘Sec. 298A. Eligibility of States. ‘‘Sec. 298B. Authorization of appropriations. 9 (c) GAO ANALYSIS OF EFFECTS OF AUDITS.— 10 (1) ANALYSIS.—Not later than 6 months after 11 the first election for Federal office is held after 12 grants are first awarded to States for conducting 13 risk-limiting audits under part 8 of subtitle D of 14 title II of the Help America Vote Act of 2002 (as 15 added by subsection (a)) for conducting risk-limiting 16 audits of elections for Federal office, the Comp- 17 troller General of the United States shall conduct an 18 analysis of the extent to which such audits have im- 19 proved the administration of such elections and the 20 security of election infrastructure in the States re- 21 ceiving such grants. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01524 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1525 1 (2) REPORT.—The Comptroller General of the 2 United States shall submit a report on the analysis 3 conducted under subsection (a) to the appropriate 4 congressional committees. 5 SEC. 160011. ADDITIONAL APPROPRIATIONS FOR THE 6 ELECTION ASSISTANCE COMMISSION. 7 (a) IN GENERAL.—In addition to any funds other- 8 wise appropriated to the Election Assistance Commission 9 for fiscal year 2020, there is authorized to be appropriated 10 $3,000,000 for fiscal year 2020 in order for the Commis11 sion to provide additional assistance and resources to 12 States for improving the administration of elections. 13 (b) AVAILABILITY OF FUNDS.—Amounts appro- 14 priated pursuant to the authorization under this sub15 section shall remain available without fiscal year limita16 tion. 17 SEC. 160012. DEFINITION. 18 19 (a) DEFINITION OF ELECTION FOR FEDERAL OF- .—Title IX of the Help America Vote Act of 2002 FICE 20 (52 U.S.C. 21141 et seq.) is amended by adding at the 21 end the following new section: 22 ‘‘SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED. 23 ‘‘For purposes of titles I through III, the term ‘elec- 24 tion for Federal office’ means a general, special, primary, 25 or runoff election for the office of President or Vice Presi- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01525 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1526 1 dent, or of Senator or Representative in, or Delegate or 2 Resident Commissioner to, the Congress.’’. 3 (b) CLERICAL AMENDMENT.—The table of contents 4 of such Act is amended by adding at the end of the items 5 relating to title IX the following new item: ‘‘Sec. 907. Election for Federal office defined.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01526 Fmt 6652 Sfmt 6211 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1527 DIVISION Q—COVID–19 HEROES FUND 1 2 SEC. 170001. SHORT TITLE. 3 This Act may be cited as the ‘‘COVID–19 Heroes 4 Fund Act of 2020’’. 8 TITLE I—PROVISIONS RELATING TO STATE, LOCAL, TRIBAL, AND PRIVATE SECTOR WORKERS 9 SEC. 170101. DEFINITIONS. 5 6 7 10 In this title: 11 (1) COVID–19 12 The term ‘‘COVID–19 Public Health Emergency’’ 13 means the public health emergency first declared on 14 January 31, 2020, by the Secretary of Health and 15 Human Services under section 319 of the Public 16 Health Service Act (42 U.S.C. 247d) with respect to 17 COVID–19. 18 (2) EMPLOYEE.—Except as provided in para- 19 graph (3)(C)(iii), the term ‘‘employee’’ means an in- 20 dividual (not employed by an entity excluded from 21 the definition of the term ‘‘employer’’ for purposes 22 of this title under paragraph (3)(B)) who is— 23 (A) an employee, as defined in section 3(e) 24 of the Fair Labor Standards Act of 1938 (29 25 U.S.C. 203(e)), except that a reference in such g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PUBLIC HEALTH EMERGENCY.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01527 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1528 1 section 3(e) to an employer shall be considered 2 to be a reference to an employer described in 3 clauses (i)(I) and (ii) of paragraph (3)(A); 4 (B) a State employee described in section 5 304(a) of the Government Employee Rights Act 6 of 1991 (42 U.S.C. 2000e–16c(a)); or 7 (C) an employee of a Tribal employer. 8 (3) EMPLOYER.— 9 (A) IN term ‘‘employer’’ 10 means, except as provided in subparagraph (B), 11 a person who is— 12 (i)(I) a covered employer, as defined 13 in subparagraph (C); 14 (II) an entity employing a State em- 15 ployee described in section 304(a) of the 16 Government Employee Rights Act of 1991; 17 or 18 (III) a Tribal employer; and 19 (ii) engaged in commerce (including 20 government), or an industry or activity af- 21 fecting commerce (including government). 22 (B) EXCLUSION OF EXECUTIVE, LEGISLA- 23 TIVE, AND JUDICIAL ENTITIES COVERED UNDER 24 TITLE II.—The 25 clude— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 term ‘‘employer’’ does not in- (763351 3) PO 00000 Frm 01528 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1529 1 (i) any agency, as defined in section 2 201(1), except, only as provided in section 3 102(g)(2), the VA Office of Geriatrics & 4 Extended Care of the Veterans Health Ad- 5 ministration; or 6 (ii) the Postal Regulatory Commis- 7 sion. 8 (C) COVERED 9 (i) IN 10 GENERAL.—In subparagraph (A)(i)(I), the term ‘‘covered employer’’— 11 (I) means any person engaged in 12 commerce (including government), or 13 in any industry or activity affecting 14 commerce 15 who employs 1 or more employees; 16 (including government), (II) includes— 17 (aa) any person who acts di- 18 rectly or indirectly in the interest 19 of (within the meaning of section 20 3(d) of the Fair Labor Standards 21 Act of 1938 (29 U.S.C. 203(d)) 22 an employer in relation to any of 23 the employees of such employer; 24 and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 EMPLOYER.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01529 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1530 1 (bb) any successor in inter- 2 est of an employer; 3 (III) except as provided in sub- 4 paragraph (B), includes any public 5 agency, as defined in section 3(x) of 6 the Fair Labor Standards Act of 7 1938 (29 U.S.C. 203(x)); 8 (IV) includes any person de- 9 scribed in subclause (I) who conducts 10 business as a not-for-profit organiza- 11 tion; 12 (V) includes— 13 (aa) an entity or person that 14 contracts directly with a State, 15 locality, Tribal government, or 16 the Federal Government, to pro- 17 vide care (which may include 18 items and services) through em- 19 ployees of such entity or person 20 to individuals under the Medicare 21 program under title XVIII of the 22 Social Security Act (42 U.S.C. 23 1395 et seq.), under a State 24 Medicaid plan under title XIX of 25 such Act (42 U.S.C. 1396 et g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01530 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1531 1 seq.) or under a waiver of such 2 plan, or under any other program 3 established or administered by a 4 State, locality, Tribal govern- 5 ment, or the Federal Govern- 6 ment; 7 (bb) a subcontractor of an 8 entity or person described in item 9 (aa); 10 (cc) an individual client (or 11 a representative on behalf of an 12 individual client), an entity, or a 13 person, that employs an indi- 14 vidual to provide care (which may 15 include items and services) to the 16 individual client under a self-di- 17 rected 18 through a program established or 19 administered by a State, locality, 20 Tribal government, or the Fed- 21 eral Government; or delivery model 22 (dd) an individual client (or 23 a representative on behalf of an 24 individual client) that, on their 25 own accord, employs an indi- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 service 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01531 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1532 1 vidual to provide care (which may 2 include items and services) to the 3 individual client using the indi- 4 vidual client’s own finances; 5 (VI) includes the United States 6 Postal Service; 7 (VII) includes a nonappropriated 8 fund instrumentality under the juris- 9 diction of the Armed Forces; and 10 (VIII) includes, only with respect 11 to section 102(g)(2), the VA Office of 12 Geriatrics & Extended Care of the 13 Veterans Health Administration. 14 (ii) PUBLIC purposes 15 of this title, a public agency shall be con- 16 sidered to be a person engaged in com- 17 merce or in an industry or activity affect- 18 ing commerce. 19 (iii) DEFINITION OF EMPLOYEE.—For 20 purposes of clause (i), the term ‘‘em- 21 ployee’’ has the meaning given such term 22 in section 3(e), except such term does not 23 include any individual employed by entity 24 excluded from the definition of the term g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AGENCY.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01532 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1533 1 ‘‘employer’’ for purposes of this title under 2 subparagraph (B). 3 (D) PREDECESSORS.—Any reference in 4 this paragraph to an employer shall include a 5 reference to any predecessor of such employer. 6 (E) DEFINITION pur- 7 poses of this paragraph, the terms ‘‘commerce’’ 8 and 9 merce’’— ‘‘industry or activity affecting com- 10 (i) mean any activity, business, or in- 11 dustry in commerce or in which a labor 12 dispute would hinder or obstruct commerce 13 or the free flow of commerce; 14 (ii) include commerce and any indus- 15 try affecting commerce, as such terms are 16 defined in paragraphs (1) and (3) of sec- 17 tion 501 of the Labor Management Rela- 18 tions Act, 1947 (29 U.S.C. 142(1) and 19 (3)); and 20 (iii) include commerce, as defined in 21 section 3(b) of the Fair Labor Standards 22 Act of 1938 (29 U.S.C. 203(b)) and as de- 23 scribed in section 2(a) of such Act (29 24 U.S.C. 202(a)). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF COMMERCE.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01533 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1534 1 2 (4) EMPLOYER TAXES.—The term ‘‘employer payroll taxes’’ means— 3 (A) taxes imposed under sections 3111(b), 4 3221(a) (but only to the extent attributable to 5 the portion of such tax attributable to the tax 6 imposed by section 3111(b)), 3221(b), and 7 3301 of the Internal Revenue Code of 1986; 8 and 9 (B) taxes imposed by a State or local gov- 10 ernment on an employer with respect to 11 amounts paid by such employer for work by em- 12 ployees. 13 (5) ESSENTIAL 14 WORK.—The term ‘‘essential work’’ means any work that— 15 (A) is performed during the period that be- 16 gins on January 27, 2020 and ends 60 days 17 after the last day of the COVID–19 Public 18 Health Emergency; 19 (B) is not performed while teleworking 20 from a residence; 21 (C) involves— 22 (i) 23 with— regular in-person 24 (I) patients; 25 (II) the public; or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PAYROLL 12:13 May 12, 2020 Jkt 000000 interactions (763351 3) PO 00000 Frm 01534 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1535 1 (III) coworkers of the individual 2 performing the work; or 3 (ii) regular physical handling of items 4 that were handled by, or are to be handled 5 by— 6 (I) patients; 7 (II) the public; or 8 (III) coworkers of the individual 9 performing the work; and 10 (D) is in any of the following areas: 11 (i) First responder work, in the public 12 sector or private sector, including services 13 in response to emergencies that have the 14 potential to cause death or serious bodily 15 injury, such as police, fire, emergency med- 16 ical, protective, child maltreatment, domes- 17 tic violence, and correctional services (in- 18 cluding activities carried out by employees 19 in fire protection activities, as defined in 20 section 3(y) of the Fair Labor Standards 21 Act of 1938 (29 U.S.C. 203(y)) and activi- 22 ties of law enforcement officers, as defined 23 in section 1204(6) of the Omnibus Crime 24 Control and Safe Streets Act of 1968 (34 25 U.S.C. 10284(6)). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01535 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1536 1 (ii) Health care work physically pro- 2 vided in inpatient settings (including hos- 3 pitals and other inpatient post-acute care 4 settings such as nursing homes, inpatient 5 rehabilitation facilities, and other related 6 settings) and other work physically per- 7 formed in such inpatient settings that sup- 8 ports or is in furtherance of such health 9 care work physically provided in inpatient 10 settings. 11 (iii) Health care work physically pro- 12 vided in outpatient settings (including at 13 physician offices, community health cen- 14 ters, rural health clinics and other clinics, 15 hospital 16 standing emergency departments, ambula- 17 tory surgical centers, and other related set- 18 tings), and other work physically per- 19 formed in such inpatient settings that sup- 20 ports or is in furtherance of such health 21 care work physically provided in outpatient 22 settings. departments, free- 23 (iv) Pharmacy work, physically per- 24 formed in pharmacies, drug stores, or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 outpatient 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01536 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1537 1 other retail facilities specializing in medical 2 goods and supplies. 3 (v) Any work physically performed in 4 a facility that performs medical testing and 5 diagnostic services, including laboratory 6 processing, medical testing services, or re- 7 lated activities. 8 (vi) and community-based 9 work, including home health care, residen- 10 tial care, assistance with activities of daily 11 living, and any services provided by direct 12 care workers (as defined in section 799B 13 of the Public Health Service Act (42 14 U.S.C. 295p)), personal care aides, job 15 coaches, or supported employment pro- 16 viders, and any other provision of care to 17 individuals in their homes by direct service 18 providers, personal care attendants, and 19 home health aides. 20 (vii) Biomedical research regarding 21 SARS–CoV–2 and COVID–19 that in- 22 volves the handling of hazardous materials 23 such as COVID–19 samples. 24 (viii) Behavioral health work requiring 25 physical interaction with individuals, in- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 Home 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01537 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1538 1 cluding mental health services and sub- 2 stance use disorder prevention, treatment, 3 and recovery services. 4 (ix) Nursing care and residential care 5 work physically provided in a facility. 6 (x) Family care, including child care 7 services, in-home child care services such 8 as nanny services, and care services pro- 9 vided by family members to other family 10 members. 11 (xi) Social services work, including so- 12 cial work, case management, social and 13 human services, child welfare, family serv- 14 ices, shelter and services for people who 15 have experienced intimate partner violence 16 or sexual assault, services for individuals 17 who are homeless, child services, commu- 18 nity food and housing services, and other 19 emergency social services. 20 (xii) Public health work conducted at 21 State, local, territorial, and Tribal govern- 22 ment public health agencies, including epi- 23 demiological activities, surveillance, contact 24 tracing, data analysis, statistical research, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01538 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1539 1 health education, and other disease detec- 2 tion, prevention, and response methods. 3 (xiii) Tribal vital services, as defined 4 by the Commissioner of the Administration 5 for Native Americans in consultation with 6 Tribal governments and after conferring 7 with urban Indian organizations. 8 (xiv) Grocery work physically per- 9 formed at grocery stores, supermarkets, 10 convenience stores, corner stores, drug 11 stores, retail facilities specializing in med- 12 ical goods and supplies, bodegas, and other 13 locations where individuals purchase non- 14 prepared food items. 15 (xv) Restaurant work, including carry- 16 out, drive-thru, or food delivery work, re- 17 quiring physical interaction with individ- 18 uals or food products. 19 (xvi) Food production work involving 20 the physical interaction with food products, 21 including all agricultural work, farming, 22 fishing, forestry, ranching, processing, can- 23 ning, 24 butchering, and other food production 25 work, such as any service or activity in- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 slaughtering, packaging, baking, (763351 3) PO 00000 Frm 01539 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1540 1 cluded within the provisions of section 3(f) 2 of the Fair Labor Standards Act of 1938 3 (29 U.S.C. 203(f)), or section 3121(g) of 4 the Internal Revenue Code of 1986, and 5 the handling, planting, drying, packing, 6 packaging, processing, freezing, or grading 7 prior to delivery for storage of any agricul- 8 tural or horticultural commodity in its un- 9 manufactured state. 10 (xvii) Transportation work, includ- 11 ing— 12 (I) any services in public trans- 13 portation, 14 5302(14) of title 49, United States 15 Code; defined in section 16 (II) any private transportation of 17 people, such as transportation pro- 18 vided by air, rail, bus, taxicab, per- 19 sonal car or truck, non-motorized ve- 20 hicle, or otherwise, including all serv- 21 ices performed by individuals working 22 in or on such vehicles, vehicle depots, 23 or transit facilities; 24 (III) any private transportation 25 of goods in bulk, including transpor- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 as 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01540 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1541 1 tation via heavy or light truck, rail, 2 air, or otherwise; 3 (IV) any public or private trans- 4 portation of mail or packages; 5 (V) any private transportation of 6 food or other goods to individuals, in- 7 cluding in a personal car or truck, 8 non-motorized vehicle, or otherwise; 9 (VI) any services in passenger 10 rail transportation, including com- 11 muter rail, intercity passenger rail, or 12 Amtrak, including services performed 13 by employees of contractors of such 14 entities; 15 (VII) any services in the trans- 16 portation of persons, property, or mail 17 by an aircraft of an air carrier con- 18 ducting operations under part 121 of 19 title 14, Code of Federal Regulations 20 (or successor regulations), or a for- 21 eign air carrier within, to, or from the 22 United States, either on board an air- 23 craft or on the ground at an airport, 24 including services performed by em- 25 ployees of contractors of air carriers, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01541 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1542 1 or foreign air carriers, as described in 2 section 4111(3) of the CARES Act 3 (Public Law 116–136); 4 (VIII) any services as an aircraft 5 mechanic or technician who performs 6 maintenance, repair, or overhaul work 7 on an aircraft of an air carrier con- 8 ducting operations under such part 9 121 or foreign air carrier within the 10 United States; 11 (IX) services as maritime work- 12 ers who qualify as seamen under sec- 13 tion 10101(3) of title 46, United 14 States Code, and other maritime em- 15 ployees including— 16 (aa) longshoremen, harbor 17 workers and shipbuilders covered 18 under 19 Longshore and Harbor Workers’ 20 Compensation Act (33 U.S.C. 21 902(3)) involved in the transpor- 22 tation of merchandise or pas- 23 sengers by water; and 2(3) of the 24 (bb) shipbuilders and ship 25 repairers who are working for an g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 section 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01542 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1543 1 employer performing shipbuilding 2 or ship repair work under con- 3 tract or subcontract to the De- 4 partments of Defense, Energy or 5 Homeland Security for military 6 or other national security pur- 7 poses; and 8 (X) services as maritime trans- 9 portation workers supporting or ena- 10 bling transportation functions, includ- 11 ing such services as— 12 (aa) barge workers, tug op- 13 erators, and port and facility se- 14 curity personnel; 15 (bb) marine dispatchers; and 16 (cc) workers who repair and 17 maintain marine vessels (includ- 18 ing the equipment and infra- 19 structure that enables operations 20 that 21 cargo and passengers). movement of 22 (xviii) Work physically performed in a 23 warehouse or other facility in warehousing 24 (including all services performed by indi- 25 viduals picking, sorting, packing, and ship- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 encompass 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01543 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1544 1 ping in warehouses), storage, distribution, 2 or call center support facilities, and other 3 essential operational support functions that 4 are necessary to accept, store, and process 5 goods, and that facilitate the goods’ trans- 6 portation and delivery. 7 (xix) Cleaning work and building 8 maintenance work physically performed on 9 the grounds of a facility, including all cus- 10 todial or janitorial services, security serv- 11 ices, and repair and maintenance services. 12 (xx) Work in the collection, removal, 13 transport, storage, or disposal of residen- 14 tial, industrial, or commercial solid waste 15 and recycling, including services provided 16 by individuals who drive waste or recycling 17 trucks, who pick up waste or recycling 18 from residential or commercial locations, 19 or who work at waste or recycling centers 20 or landfills. 21 (xxi) Work in the gathering, proc- 22 essing, disseminating, and delivery of news 23 and information that serves the public in- 24 terest to the public through mass media, 25 including television, radio, and newspapers. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01544 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1545 1 (xxii) Any work performed by an em- 2 ployee of a State, locality, or Tribal gov- 3 ernment, that is determined to be essential 4 work by the highest authority of such 5 State, locality, or Tribal government. 6 (xxiii) Educational work, school nutri- 7 tion work, and other work required to op- 8 erate a school facility, including early 9 childhood programs, preschool programs, 10 elementary and secondary education, and 11 higher education. 12 (xxiv) Laundry work, including work 13 in laundromats, laundry service companies, 14 and dry cleaners. 15 (xxv) Elections work physically per- 16 formed at polling places or otherwise 17 amongst the public, including public-sector 18 elections personnel and private-sector elec- 19 tions personnel. 20 (xxvi) Hazardous materials manage- 21 ment, response, and cleanup work associ- 22 ated with any other essential work covered 23 under this paragraph, including health 24 care waste (including medical, pharma- 25 ceuticals, and medical material produc- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01545 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1546 1 tion), and testing operations (including 2 laboratories processing test kits). 3 (xxvii) Disinfection work for all facili- 4 ties and modes of transportation involved 5 in other essential work covered under this 6 paragraph. 7 (xxviii) Work in critical clinical re- 8 search, development, and testing necessary 9 for COVID–19 response that involves 10 physical interaction with hazardous mate- 11 rials, such as samples of COVID–19. 12 (xxix) Work in mortuary, funeral, cre- 13 mation, burial, cemetery, and related serv- 14 ices. 15 (xxx) Work requiring physical inter- 16 actions with patients in physical therapy, 17 occupational therapy, speech-language pa- 18 thology, and respiratory therapy and other 19 therapy services. 20 (xxxi) Dental care work requiring 21 physical interaction with patients. 22 (xxxii) Work performed by employees 23 of the U.S. Postal Service. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01546 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1547 1 (xxxiii) Work at hotel and commercial 2 lodging facilities that are used for COVID– 3 19 mitigation and containment measures. 4 (6) ESSENTIAL 5 (A) IN GENERAL.—The term ‘‘essential 6 worker’’ means an individual, whose work and 7 duties include essential work, and who is— 8 (i) an employee of an employer; or 9 (ii) an individual performing any serv- 10 ices or labor for remuneration for an em- 11 ployer, regardless of whether the individual 12 is classified as an independent contractor 13 by the employer. 14 (B) IMMIGRATION STATUS.—Such term in- 15 cludes an individual regardless of the individ- 16 ual’s immigration status. 17 (7) ESSENTIAL WORK EMPLOYER.—The term 18 ‘‘essential work employer’’ means an employer who 19 employs, or provides remuneration for services or 20 labor to, an essential worker. 21 (8) FLSA TERMS.—The terms ‘‘employ’’, ‘‘per- 22 son’’, ‘‘regular rate’’, and ‘‘State’’ have the mean- 23 ings given the terms in section 3 of the Fair Labor 24 Standards Act of 1938 (29 U.S.C. 203). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 WORKER.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01547 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1548 1 (9) HIGHLY-COMPENSATED 2 ER.—The 3 er’’ means an essential worker who is paid the equiv- 4 alent of $200,000 or more per year by an essential 5 work employer. 6 term ‘‘highly-compensated essential work- (10) LARGE ESSENTIAL WORK EMPLOYER.— 7 The term ‘‘large essential work employer’’ means an 8 essential work employer who has more than 500 in- 9 dividuals who are employed by the employer or are 10 otherwise providing services or labor for remunera- 11 tion for the employer. 12 (11) SELF-DIRECTED CARE WORKER.—The 13 term ‘‘self-directed care worker’’ means an indi- 14 vidual employed to provide care (which may include 15 items and services) to an individual client— 16 (A) under a self-directed service delivery 17 model through a program established or admin- 18 istered by a State, locality, Tribal government, 19 or the Federal Government; or 20 (B) on the individual client’s own accord 21 and using the individual client’s own finances. 22 (12) TRIBAL 23 EMPLOYER.—The term ‘‘Tribal employer’’ means— 24 (A) any Tribal government, a subdivision 25 of a Tribal government (determined in accord- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ESSENTIAL WORK- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01548 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1549 1 ance with section 7871(d) of the Internal Rev- 2 enue Code), or an agency or instrumentality of 3 a Tribal government or subdivision thereof; 4 (B) any Tribal organization (as the term 5 ‘‘tribal organization’’ is defined in section 4(l) 6 of the Indian Self-Determination and Education 7 Assistance Act (25 U.S.C. 5304(l)); 8 (C) any corporation if more than 50 per- 9 cent (determined by vote and value) of the out- 10 standing stock of such corporation is owned, di- 11 rectly or indirectly, by any entity described in 12 subparagraph (A) or (B); or 13 (D) any partnership if more than 50 per- 14 cent of the value of the capital and profits in- 15 terests of such partnership is owned, directly or 16 indirectly, by any entity described in subpara- 17 graph (A) or (B). 18 (13) TRIBAL term ‘‘Tribal 19 government’’ means the recognized governing body 20 of any Indian or Alaska Native tribe, band, nation, 21 pueblo, village, community, component band, or com- 22 ponent reservation individually identified (including 23 parenthetically) in the list published most recently as 24 of the date of enactment of this Act pursuant to sec- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GOVERNMENT.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01549 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1550 1 tion 104 of the Federally Recognized Indian Tribe 2 List Act of 1994 (25 U.S.C. 5131). 3 (14) WORK.—The term ‘‘work’’ means employ- 4 ment by, or engagement in providing labor or serv- 5 ices for, an employer. 6 SEC. 170102. PANDEMIC PREMIUM PAY FOR ESSENTIAL 7 8 WORKERS. (a) IN GENERAL.— Beginning 3 days after an essen- 9 tial work employer receives a grant under section 104 10 from the Secretary of the Treasury, the essential work em11 ployer shall— 12 13 (1) be required to comply with subsections (b) through (h); and 14 (2) be subject to the enforcement requirements 15 of section 105. 16 (b) PANDEMIC PREMIUM PAY.— 17 (1) IN essential work employer 18 receiving a grant under section 104 shall, in accord- 19 ance with this subsection, provide each essential 20 worker of the essential work employer with premium 21 pay at a rate equal to $13 for each hour of work 22 performed by the essential worker for the employer 23 from January 27, 2020, until the date that is 60 24 days after the last day of the COVID–19 Public 25 Health Emergency. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—An 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01550 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1551 1 (2) MAXIMUM total amount of 2 all premium pay under this subsection that an essen- 3 tial work employer is required to provide to an es- 4 sential worker, including through any retroactive 5 payment under paragraph (3), shall not exceed— 6 (A) for an essential worker who is not a 7 highly-compensated essential worker, $10,000 8 reduced by employer payroll taxes with respect 9 to such premium pay; or 10 (B) for a highly-compensated essential 11 worker, $5,000 reduced by employer payroll 12 taxes with respect to such premium pay. 13 (3) RETROACTIVE PAYMENT.—For all work 14 performed by an essential worker during the period 15 from January 27, 2020, through the date on which 16 the essential work employer of the worker receives a 17 grant under this title, the essential work employer 18 shall use a portion of the amount of such grant to 19 provide such worker with premium pay under this 20 subsection for such work at the rate provided under 21 paragraph (1). Such amount shall be provided to the 22 essential worker as a lump sum in the next paycheck 23 (or other payment form) that immediately follows 24 the receipt of the grant by the essential work em- 25 ployer. In any case where it is impossible for the em- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AMOUNTS.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01551 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1552 1 ployer to arrange for payment of the amount due in 2 such paycheck (or other payment form), such 3 amounts shall be paid as soon as practicable, but in 4 no event later than the second paycheck (or other 5 payment form) following the receipt of the grant by 6 the essential work employer. 7 (4) NO EMPLOYER DISCRETION.—An essential 8 work employer receiving a grant under section 104 9 shall not have any discretion to determine which 10 portions of work performed by an essential worker 11 qualify for premium pay under this subsection, but 12 shall pay such premium pay for any increment of 13 time worked by the essential worker for the essential 14 work employer up to the maximum amount applica- 15 ble to the essential worker under paragraph (2). 16 (c) PROHIBITION ON REDUCING COMPENSATION AND 17 DISPLACEMENT.— 18 (1) IN payments made to an 19 essential worker as premium pay under subsection 20 (b) shall be in addition to all other compensation, in- 21 cluding all wages, remuneration, or other pay and 22 benefits, that the essential worker otherwise receives 23 from the essential work employer. 24 25 (2) REDUCTION 12:13 May 12, 2020 OF COMPENSATION.—An essen- tial work employer receiving a grant under section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Any Jkt 000000 (763351 3) PO 00000 Frm 01552 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1553 1 104 shall not, during the period beginning on the 2 date of enactment of this Act and ending on the 3 date that is 60 days after the last day of the 4 COVID–19 Public Health Emergency, reduce or in 5 any other way diminish, any other compensation, in- 6 cluding the wages, remuneration, or other pay or 7 benefits, that the essential work employer provided 8 to the essential worker on the day before the date 9 of enactment of this Act. 10 (3) DISPLACEMENT.—An essential work em- 11 ployer shall not take any action to displace an essen- 12 tial worker (including partial displacement such as a 13 reduction in hours, wages, or employment benefits) 14 for purposes of hiring an individual for an equivalent 15 position at a rate of compensation that is less than 16 is required to be provided to an essential worker 17 under paragraph (2). 18 (d) DEMARCATION FROM OTHER COMPENSATION.— 19 The amount of any premium pay paid under subsection 20 (b) shall be clearly demarcated as a separate line item in 21 each paystub or other document provided to an essential 22 worker that details the remuneration the essential worker 23 received from the essential work employer for a particular 24 period of time. If any essential worker does not otherwise 25 regularly receive any such paystub or other document from g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01553 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1554 1 the employer, the essential work employer shall provide 2 such paystub or other document to the essential worker 3 for the duration of the period in which the essential work 4 employer provides premium pay under subsection (b). 5 6 (e) EXCLUSION FROM WAGE-BASED CALCULATIONS.—Any premium pay under subsection (b) paid to 7 an essential worker under this section by an essential work 8 employer receiving a grant under section 104 shall be ex9 cluded from the amount of remuneration for work paid 10 to the essential worker for purposes of— 11 (1) calculating the essential worker’s eligibility 12 for any wage-based benefits offered by the essential 13 work employer; 14 (2) computing the regular rate at which such 15 essential worker is employed under section 7 of the 16 Fair Labor Standards Act of 1938 (29 U.S.C. 207); 17 and 18 (3) determining whether such essential worker 19 is exempt from application of such section 7 under 20 section 13(a)(1) of such Act (29 U.S.C. 213(a)(1)). 21 (f) ESSENTIAL WORKER DEATH.— 22 (1) IN any case in which an es- 23 sential worker of an essential work employer receiv- 24 ing a grant under section 104 exhibits symptoms of 25 COVID–19 and dies, the essential work employer g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01554 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1555 1 shall pay as a lump sum to the next of kin of the 2 essential worker for premium pay under subsection 3 (b)— 4 (A) for an essential worker who is not a 5 highly-compensated 6 amount determined under subsection (b)(2)(A) 7 minus the total amount of any premium pay the 8 worker received under subsection (b) prior to 9 the death; or worker, the 10 (B) for a highly-compensated essential 11 worker, the amount determined under sub- 12 section (b)(2)(B) minus the amount of any pre- 13 mium pay the worker received under subsection 14 (b) prior to the death. 15 (2) TREATMENT 16 OF LUMP SUM PAYMENTS.— (A) TREATMENT AS PREMIUM PAY.—For 17 purposes of this title, any payment made under 18 this subsection shall be treated as a premium 19 pay under subsection (b). 20 (B) TREATMENT FOR PURPOSES OF IN- 21 TERNAL REVENUE CODE OF 1986.—For 22 poses of the Internal Revenue Code of 1986, 23 any payment made under this subsection shall 24 be treated as a payment for work performed by 25 the essential worker. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 essential 12:13 May 12, 2020 Jkt 000000 pur- (763351 3) PO 00000 Frm 01555 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1556 1 (g) APPLICATION 2 ERS 3 RECTED SELF-DIRECTED CARE WORK- FUNDED THROUGH MEDICAID OR THE VETERAN-DI- CARE PROGRAM.— 4 (1) MEDICAID.—In the case of an essential 5 work employer receiving a grant under section 104 6 that is a covered employer described in section 7 101(3)(C)(i)(V) who, under a State Medicaid plan 8 under title XIX of the Social Security Act (42 9 U.S.C. 1396 et seq.) or under a waiver of such plan, 10 has opted to receive items or services using a self- 11 directed service delivery model, the preceding re- 12 quirements of this section, including the require- 13 ments to provide premium pay under subsection (b) 14 (including a lump sum payment in the event of an 15 essential worker death under subsection (f)) and the 16 requirements of sections 104 and 105, shall apply to 17 the State Medicaid agency responsible for the ad- 18 ministration of such plan or waiver with respect to 19 self-directed care workers employed by that em- 20 ployer. In administering payments made under this 21 title to such self-directed care workers on behalf of 22 such employers, a State Medicaid agency shall— 23 (A) exclude and disregard any payments 24 made under this title to such self-directed work- 25 ers from the individualized budget that applies g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01556 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1557 1 to the items or services furnished to the indi- 2 vidual client employer under the State Medicaid 3 plan or waiver; 4 (B) to the extent practicable, administer 5 and provide payments under this title directly 6 to such self-directed workers through arrange- 7 ments with entities that provide financial man- 8 agement services in connection with the self-di- 9 rected service delivery models used under the 10 State Medicaid plan or waiver; and 11 (C) ensure that individual client employers 12 of such self-directed workers are provided notice 13 of, and comply with, the prohibition under sec- 14 tion 105(b)(1)(B). 15 (2) VETERAN-DIRECTED 16 the case of an essential work employer that is a cov- 17 ered employer described in section 101(3)(C)(i)(V) 18 who is a veteran participating in the Veteran Di- 19 rected Care program administered by the VA Office 20 of Geriatrics & Extended Care of the Veterans 21 Health Administration, the preceding requirements 22 of this section and sections 104 and 105, shall apply 23 to such VA Office of Geriatrics & Extended Care 24 with respect to self-directed care workers employed 25 by that employer. Paragraph (1) of this subsection g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CARE PROGRAM.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01557 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1558 1 shall apply to the administration by the VA Office 2 of Geriatrics & Extended Care of payments made 3 under this title to such self-directed care workers on 4 behalf of such employers in the same manner as 5 such requirements apply to State Medicaid agencies. 6 (3) PENALTY ENFORCEMENT.—The Secretary 7 of Labor shall consult with the Secretary of Health 8 and Human Services and the Secretary of Veterans 9 Affairs regarding the enforcement of penalties im- 10 posed under section 105(b)(2) with respect to viola- 11 tions of subparagraph (A) or (B) of section 12 105(b)(1) that involve self-directed workers for 13 which the requirements of this section and sections 14 104 and 105 are applied to a State Medicaid agency 15 under paragraph (1) or the VA Office of Geriatrics 16 & Extended Care under paragraph (2). 17 (h) INTERACTION WITH STAFFORD ACT.—Nothing 18 in this section shall nullify, supersede, or otherwise change 19 a State’s ability to seek reimbursement under section 403 20 of the Robert T. Stafford Disaster Relief and Emergency 21 Assistance Act (42 U.S.C. 5170b) for the costs of pre22 mium pay based on pre-disaster labor policies for eligible 23 employees. 24 25 (i) CALCULATION AND 12:13 May 12, 2020 PAID LEAVE UNDER FFCRA FMLA.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF Jkt 000000 (763351 3) PO 00000 Frm 01558 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1559 1 (1) FAMILIES 2 ACT.—Section 3 Coronavirus Response Act (29 U.S.C. 2601 note) is 4 amended by adding at the end the following: 5 5110(5)(B) of the Families First ‘‘(iii) PANDEMIC PREMIUM PAY.— 6 Compensation received by an employee 7 under section 102(b) of the COVID–19 8 Heroes Fund Act of 2020 shall be included 9 as remuneration for employment paid to 10 the employee for purposes of computing 11 the regular rate at which such employee is 12 employed.’’. 13 (2) FAMILY AND MEDICAL LEAVE ACT OF 14 1993.—Section 15 ical Leave Act of 1993 (29 U.S.C. 2620(b)(2)(B)) is 16 amended by adding at the end the following: 17 110(b)(2)(B) of the Family and Med- ‘‘(iii) PANDEMIC PREMIUM PAY.— 18 Compensation received by an employee 19 under section 102(b) of the COVID–19 20 Heroes Fund Act of 2020 shall be included 21 as remuneration for employment paid to 22 the employee for purposes of computing 23 the regular rate at which such employee is 24 employed.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FIRST CORONAVIRUS RESPONSE 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01559 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1560 1 SEC. 170103. COVID–19 HEROES FUND. 2 (a) ESTABLISHMENT.—There is established in the 3 Treasury of the United States a fund to be known as the 4 ‘‘COVID–19 Heroes Fund’’ (referred to in this section as 5 the ‘‘Fund’’), consisting of amounts appropriated to the 6 fund under section 107. 7 (b) FUND ADMINISTRATION.—The Fund shall be ad- 8 ministered by the Secretary of the Treasury. 9 (c) USE OF FUNDS.—Amounts in the Fund shall be 10 available to the Secretary of the Treasury for carrying out 11 section 104. 12 SEC. 170104. COVID–19 HEROES FUND GRANTS. 13 (a) GRANTS.— 14 (1) FOR Sec- 15 retary of the Treasury shall award a grant to each 16 essential work employer that applies for a grant, in 17 accordance with this section, for the purpose of pro- 18 viding premium pay to essential workers under sec- 19 tion 102(b), including amounts paid under section 20 102(f). 21 (2) ELIGIBILITY.— 22 (A) ELIGIBLE EMPLOYERS GENERALLY.— 23 Any essential work employer shall be eligible for 24 a grant under paragraph (1). 25 (B) SELF-DIRECTED 26 12:13 May 12, 2020 CARE WORKERS.—A self-directed care worker employed by an essen- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PANDEMIC PREMIUM PAY.—The Jkt 000000 (763351 3) PO 00000 Frm 01560 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1561 1 tial work employer other than an essential work 2 employer described in section 102(g), shall be 3 eligible to apply for a grant under paragraph 4 (1) in the same manner as an essential work 5 employer. Such a worker shall provide premium 6 pay to himself or herself in accordance with this 7 section, including the recordkeeping and refund 8 requirements of this section. 9 (b) AMOUNT OF GRANTS.— 10 (1) IN maximum amount avail- 11 able for making a grant under subsection (a)(1) to 12 an essential work employer shall be equal to the sum 13 of— 14 (A) the amount obtained by multiplying 15 $10,000 by the number of essential workers the 16 employer certifies, in the application submitted 17 under subsection (c)(1), as employing, or pro- 18 viding remuneration to for services or labor, 19 who are paid wages or remuneration by the em- 20 ployer at a rate that is less than the equivalent 21 of $200,000 per year; and 22 (B) the amount obtained by multiplying 23 $5,000 by the number of highly-compensated 24 essential workers the employer certifies, in the 25 application submitted under subsection (c)(1), g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01561 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1562 1 as employing, or providing remuneration to for 2 services or labor, who are paid wages or remu- 3 neration by the employer at a rate that is equal 4 to or greater than the equivalent of $200,000 5 per year. 6 (2) NO Secretary of 7 the Treasury shall not award a grant under this sec- 8 tion in an amount less than the maximum described 9 in paragraph (1). 10 (c) GRANT APPLICATION AND DISBURSAL.— 11 (1) APPLICATION.—Any essential work em- 12 ployer seeking a grant under subsection (a)(1) shall 13 submit an application to the Secretary of the Treas- 14 ury at such time, in such manner, and complete with 15 such information as the Secretary may require. 16 (2) NOTICE 17 (A) IN AND CERTIFICATION.— GENERAL.—The Secretary of the 18 Treasury shall, within 15 days after receiving a 19 complete application from an essential work em- 20 ployer eligible for a grant under this section— 21 (i) notify the employer of the Sec- 22 retary’s findings with respect to the re- 23 quirements for the grant; and 24 (ii)(I) if the Secretary finds that the 25 essential work employer meets the require- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PARTIAL GRANTS.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01562 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1563 1 ments under this section for a grant under 2 subsection (a), provide a certification to 3 the employer— 4 (aa) that the employer has met 5 such requirements; 6 (bb) of the amount of the grant 7 payment that the Secretary has deter- 8 mined the employer shall receive 9 based on the requirements under this 10 section; or 11 (II) if the Secretary finds that the es- 12 sential work employer does not meet the 13 requirements under this section for a grant 14 under subsection (a), provide a notice of 15 denial stating the reasons for the denial 16 and provide an opportunity for administra- 17 tive review by not later than 10 days after 18 the denial. 19 (B) TRANSFER.—Not later than 7 days 20 after making a certification under subpara- 21 graph (A)(ii) with respect to an essential work 22 employer, the Secretary of the Treasury shall 23 make the appropriate transfer to the employer 24 of the amount of the grant. 25 (d) USE OF FUNDS.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01563 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1564 1 (1) IN essential work employer 2 receiving a grant under this section shall use the 3 amount of the grant solely for the following pur- 4 poses: 5 (A) Providing premium pay under section 6 102(b) to essential workers in accordance with 7 the requirements for such payments under such 8 section, including providing payments described 9 in section 102(f) to the next of kin of essential 10 workers in accordance with the requirements 11 for such payments under such section. 12 (B) Paying employer payroll taxes with re- 13 spect to premium pay amounts described in 14 subparagraph (A), including such payments de- 15 scribed in section 102(f). 16 Each dollar of a grant received by an essential work 17 employer under this title shall be used as provided 18 in subparagraph (A) or (B) or returned to the Sec- 19 retary of the Treasury. 20 (2) NO OTHER USES AUTHORIZED.—An essen- 21 tial work employer who uses any amount of a grant 22 for a purpose not required under paragraph (1) shall 23 be— 24 (A) considered to have misused funds in 25 violation of section 102; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—An 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01564 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1565 1 (B) subject to the enforcement and rem- 2 edies provided under section 105. 3 (3) REFUND.— 4 (A) IN GENERAL.—If an essential work 5 employer receives a grant under this section 6 and, for any reason, does not provide every dol- 7 lar of such grant to essential workers in accord- 8 ance with the requirements of this title, then 9 the employer shall refund any such dollars to 10 the Secretary of the Treasury not later than 11 June 30, 2021. Any amounts returned to the 12 Secretary shall be deposited into the Fund and 13 be available for any additional grants under this 14 section. 15 (B) REQUIREMENT FOR NOT REDUCING 16 COMPENSATION.—An 17 who is required to refund any amount under 18 this paragraph shall not reduce or otherwise di- 19 minish an eligible worker’s compensation or 20 benefits in response to or otherwise due to such 21 refund. 22 essential work employer (e) RECORDKEEPING.—An essential work employer 23 that receives a grant under this section shall— 24 (1) maintain records, including payroll records, 25 demonstrating how each dollar of funds received g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01565 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1566 1 through the grant were provided to essential work- 2 ers; and 3 (2) provide such records to the Secretary of the 4 Treasury or the Secretary of Labor upon the request 5 of either such Secretary. 6 (f) RECOUPMENT.—In addition to all other enforce- 7 ment and remedies available under this title or any other 8 law, the Secretary of the Treasury shall establish a process 9 under which the Secretary shall recoup the amount of any 10 grant awarded under subsection (a)(1) if the Secretary de11 termines that the essential work employer receiving the 12 grant— 13 14 (1) did not provide all of the dollars of such grant to the essential workers of the employer; 15 (2) did not, in fact, have the number of essen- 16 tial workers certified by the employer in accordance 17 with subparagraphs (A) and (B) of subsection 18 (b)(1); 19 (3) did not pay the essential workers for the 20 number of hours the employer claimed to have paid; 21 or 22 (4) otherwise misused funds or violated this 23 title. 24 (g) SPECIAL RULE FOR CERTAIN EMPLOYEES OF 25 TRIBAL EMPLOYERS.—Essential workers of Tribal em- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01566 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1567 1 ployers who receive funds under title II shall not be eligi2 ble to receive funds from grants under this section. 3 (h) TAX TREATMENT.— 4 (1) EXCLUSION purposes 5 of the Internal Revenue Code of 1986, any grant re- 6 ceived by an essential work employer under this sec- 7 tion shall not be included in the gross income of 8 such essential work employer. 9 (2) DENIAL 10 (A) IN OF DOUBLE BENEFIT.— GENERAL.—In the case of an essen- 11 tial work employer that receives a grant under 12 this section— 13 (i) amounts paid under subsections 14 (b) or (f) of section 102 shall not be taken 15 into account as wages for purposes of sec- 16 tions 41, 45A, 51, or 1396 of the Internal 17 Revenue Code of 1986 or section 2301 of 18 the CARES Act (Public Law 116–136); 19 and 20 (ii) any deduction otherwise allowable 21 under such Code for applicable payments 22 during any taxable year shall be reduced 23 (but not below zero) by the excess (if any) 24 of— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FROM INCOME.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01567 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1568 1 (I) the aggregate amounts of 2 grants received under this section; 3 over 4 (II) the sum of any amount re- 5 funded under subsection (d) plus the 6 aggregate amount of applicable pay- 7 ments made for all preceding taxable 8 years. 9 (B) APPLICABLE pur- 10 poses of this paragraph, the term ‘‘applicable 11 payments’’ means amounts paid as premium 12 pay under subsections (b) or (f) of section 102 13 and amounts paid for employer payroll taxes 14 with respect to such amounts. 15 (C) AGGREGATION RULE.—Rules similar 16 to the rules of subsections (a) and (b) of section 17 52 of the Internal Revenue Code of 1986 shall 18 apply for purposes of this section. 19 (3) INFORMATION REPORTING.—The Secretary 20 of the Treasury shall submit to the Commissioner of 21 Internal Revenue statements containing— 22 (A) the name and tax identification num- 23 ber of each essential work employer receiving a 24 grant under this section; 25 (B) the amount of such grant; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PAYMENTS.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01568 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1569 1 (C) any amounts refunded under section 2 (d)(3). 3 (i) REPORTS.— 4 (1) IN later than 30 days after 5 obligating the last dollar of the funds appropriated 6 under this title, the Secretary of the Treasury shall 7 submit a report, to the Committees of Congress de- 8 scribed in paragraph (2), that— 9 (A) certifies that all funds appropriated 10 under this title have been obligated; and 11 (B) indicates the number of pending appli- 12 cations for grants under this section that will 13 be rejected due to the lack of funds. 14 (2) COMMITTEES OF CONGRESS.—The Commit- 15 tees of Congress described in this paragraph are— 16 (A) the Committee on Ways and Means of 17 the House of Representatives; 18 (B) the Committee on Education and 19 Labor of the House of Representatives; 20 (C) the Committee on Finance of the Sen- 21 ate; and 22 (D) the Committee on Health, Education, 23 Labor, and Pensions of the Senate. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01569 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1570 1 SEC. 170105. ENFORCEMENT AND OUTREACH. 2 (a) DUTIES OF SECRETARY OF LABOR.—The Sec- 3 retary of Labor shall— 4 (1) have authority to enforce the requirements 5 of section 102, in accordance with subsections (b) 6 through (e); 7 (2) conduct outreach as described in subsection 8 (f); and 9 (3) coordinate with the Secretary of the Treas- 10 ury as needed to carry out the Secretary of Labor’s 11 responsibilities under this section. 12 (b) PROHIBITED ACTS, PENALTIES, 13 ENFORCE- MENT.— 14 15 (1) PROHIBITED ACTS.—It shall be unlawful for a person to— 16 (A) violate any provision of section 102 ap- 17 plicable to such person; or 18 (B) discharge or in any other manner dis- 19 criminate against any essential worker because 20 such essential worker has filed any complaint or 21 instituted or caused to be instituted any pro- 22 ceeding under or related to this title, or has tes- 23 tified or is about to testify in any such pro- 24 ceeding. 25 (2) ENFORCEMENT g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AND 12:13 May 12, 2020 Jkt 000000 AND PENALTIES.— (763351 3) PO 00000 Frm 01570 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1571 1 (A) PREMIUM viola- 2 tion described in paragraph (1)(A) shall be 3 deemed a violation of section 7 of the Fair 4 Labor Standards Act of 1938 (29 U.S.C. 207) 5 and unpaid amounts required under this section 6 shall be treated as unpaid overtime compensa- 7 tion under such section 7 for the purposes of 8 sections 15 and 16 of such Act (29 U.S.C. 215 9 and 216). 10 (B) DISCHARGE OR DISCRIMINATION.—A 11 violation of paragraph (1)(B) shall be deemed a 12 violation of section 15(a)(3) of the Fair Labor 13 Standards Act of 1938 (29 U.S.C. 215(a)(3)). 14 (c) INVESTIGATION.— 15 (1) IN GENERAL.—To ensure compliance with 16 the provisions of section 102, including any regula- 17 tion or order issued under that section, the Sec- 18 retary of Labor shall have the investigative authority 19 provided under section 11(a) of the Fair Labor 20 Standards Act of 1938 (29 U.S.C. 211(a)). For the 21 purposes of any investigation provided for in this 22 subsection, the Secretary of Labor shall have the 23 subpoena authority provided for under section 9 of 24 such Act (29 U.S.C. 209). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PAY VIOLATIONS.—A 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01571 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1572 1 (2) STATE Secretary of Labor 2 may, for the purpose of carrying out the functions 3 and duties under this section, utilize the services of 4 State and local agencies in accordance with section 5 11(b) of the Fair Labor Standards Act of 1938 (29 6 U.S.C. 211(b)). 7 (d) ESSENTIAL WORKER ENFORCEMENT.— 8 (1) RIGHT OF ACTION.—An action alleging a 9 violation of paragraph (1) or (2) of subsection (b) 10 may be maintained against an essential work em- 11 ployer receiving a grant under section 104 in any 12 Federal or State court of competent jurisdiction by 13 one or more essential workers or their representative 14 for and on behalf of the essential workers, or the es- 15 sential workers and others similarly situated, in the 16 same manner, and subject to the same remedies (in- 17 cluding attorney’s fees and costs of the action), as 18 an action brought by an employee alleging a viola- 19 tion of section 7 or 15(a)(3), respectively, of the 20 Fair Labor Standards Act of 1938 (29 U.S.C. 207, 21 215(a)(3)). 22 (2) NO WAIVER.—In an action alleging a viola- 23 tion of paragraph (1) or (2) of subsection (b) 24 brought by one or more essential workers or their 25 representative for and on behalf of the persons as g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AGENCIES.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01572 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1573 1 described in paragraph (1), to enforce the rights in 2 section 102, no court of competent jurisdiction may 3 grant the motion of an essential work employer re- 4 ceiving a grant under section 104 to compel arbitra- 5 tion, under chapter 1 of title 9, United States Code, 6 or any analogous State arbitration statute, of the 7 claims involved. An essential worker’s right to bring 8 an action described in paragraph (1) or subsection 9 (b)(2)(A) on behalf of similarly situated essential 10 workers to enforce such rights may not be subject to 11 any private agreement that purports to require the 12 essential workers to pursue claims on an individual 13 basis. 14 (e) RECORDKEEPING.—An essential work employer 15 receiving a grant under section 104 shall make, keep, and 16 preserve records pertaining to compliance with section 102 17 in accordance with section 11(c) of the Fair Labor Stand18 ards Act of 1938 (29 U.S.C. 211(c)) and in accordance 19 with regulations prescribed by the Secretary of Labor. 20 (f) OUTREACH AND EDUCATION.—Out of amounts 21 appropriated to the Secretary of the Treasury under sec22 tion 107 for a fiscal year, the Secretary of the Treasury 23 shall transfer, to the Secretary of Labor, an amount equal 24 to 0.50 percent of such funds, of which the Secretary of 25 Labor shall use— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01573 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1574 1 (1) 0.25 percent of such funds for outreach to 2 essential work employers and essential workers re- 3 garding the premium pay under section 102; and 4 (2) 0.25 percent of such funds to implement an 5 advertising campaign encouraging large essential 6 work employers to provide the same premium pay 7 provided for by section 102 using the large essential 8 work employers’ own funds and without utilizing 9 grants under this title. 10 (g) CLARIFICATION OF ENFORCING OFFICIAL.— 11 Nothing in the Government Employee Rights Act of 1991 12 (42 U.S.C. 2000e–16a et seq.) or section 3(e)(2)(C) of the 13 Fair Labor Standards Act of 1938 (29 U.S.C. 14 203(e)(2)(C)) shall be construed to prevent the Secretary 15 of Labor from carrying out the authority of the Secretary 16 under this section in the case of State employees described 17 in section 304(a) of the Government Employee Rights Act 18 of 1991 (42 U.S.C. 2000e–16c(a)). 19 SEC. 170106. FUNDING FOR THE DEPARTMENT OF THE 20 TREASURY OFFICE OF INSPECTOR GENERAL. 21 There is appropriated, out of money in the Treasury 22 not otherwise appropriated, to the Office of the Inspector 23 General of the Department of the Treasury, $1,000,000 24 to carry out audits, investigations, and other oversight ac25 tivities authorized under the Inspector General Act of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01574 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1575 1 1978 (5 U.S.C. App.) that are related to the provisions 2 of, and amendments made by, this title, to remain avail3 able until December 31, 2022. 4 SEC. 170107. AUTHORIZATION AND APPROPRIATIONS. 5 There is authorized to be appropriated, and there is 6 hereby appropriated, $180,000,000,000 to carry out this 7 title, to remain available until expended, to carry out this 8 title. 11 TITLE II—PROVISIONS RELATING TO FEDERAL EMPLOYEES AND COVID–19 12 SEC. 170201. DEFINITIONS. 9 10 13 In this title— 14 (1) the term ‘‘agency’’— 15 (A) means— 16 (i) each agency, office, or other estab- 17 lishment in the executive, legislative, or ju- 18 dicial branch of the Federal Government, 19 including— 20 (I) an Executive agency, as that 21 term is defined in section 105 of title 22 5, United States Code; 23 (II) a military department, as 24 that term is defined in section 102 of 25 title 5, United States Code; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01575 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1576 1 (III) the Federal Aviation Ad- 2 ministration; 3 (IV) the Transportation Security 4 Administration; 5 (V) the Department of Veterans 6 Affairs; and 7 (VI) the Government Account- 8 ability Office; 9 (ii) the District of Columbia courts 10 and the District of Columbia Public De- 11 fender Service; and 12 (iii)(I) an Indian tribe or tribal orga- 13 nization carrying out a contract or com- 14 pact under the Indian Self-Determination 15 and Education Assistance Act (25 U.S.C. 16 5301 et seq.); 17 (II) an Indian tribe or tribal organiza- 18 tion that receives a grant under the Trib- 19 ally Controlled Schools Act of 1988 (25 20 U.S.C. 2501 et seq.); and 21 (III) an urban Indian organization 22 that receives a grant or carries out a con- 23 tract under title V of the Indian Health 24 Care Improvement Act (25 U.S.C. 1651 et 25 seq.); and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01576 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1577 1 (B) does not include— 2 (i) the United States Postal Service or 3 the Postal Regulatory Commission; or 4 (ii) a nonappropriated fund instru- 5 mentality under the jurisdiction of the 6 Armed Forces; 7 (2) the term ‘‘covered duty’’— 8 (A) means duty that requires— 9 (i) an employee to have regular or 10 routine contact with the public; or 11 (ii) the reporting of an employee to a 12 worksite at which— 13 (I) social distancing is not pos- 14 sible, consistent with the regularly as- 15 signed duties of the position of the 16 employee; and 17 (II) other preventative measures 18 with respect to COVID–19 are not 19 available; and 20 (B) does not include duty that an employee 21 performs while teleworking from a residence; 22 (3) the term ‘‘covered period’’ means the period 23 beginning on the date on which the Secretary of 24 Health and Human Services declared a public health 25 emergency under section 319 of the Public Health g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01577 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1578 1 Service Act (42 U.S.C. 247d) with respect to 2 COVID–19 and ending on the date that is 60 days 3 after the date on which that public health emergency 4 terminates; and 5 (4) the term ‘‘employee’’— 6 (A) means an employee of an agency; 7 (B) includes— 8 (i) any employee of an agency who oc- 9 cupies a position within the General Sched- 10 ule under subchapter III of chapter 53 of 11 title 5, United States Code; 12 (ii) any employee of an agency whose 13 pay is fixed and adjusted from time to 14 time in accordance with prevailing rates 15 under subchapter IV of chapter 53 of title 16 5, United States Code, or by a wage board 17 or similar administrative authority serving 18 the same purpose; 19 (iii) an official or employee of an In- 20 dian tribe, tribal organization, or urban In- 21 dian organization described in paragraph 22 (1)(A)(iii); 23 (iv) each employee of the Department 24 of Veterans Affairs, including an employee 25 appointed under chapter 74 of title 38, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01578 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1579 1 United States Code, without regard to 2 whether section 7421(a) of that title, sec- 3 tion 7425(b) of that title, or any other pro- 4 vision of chapter 74 of that title is incon- 5 sistent with that inclusion; and 6 (v) any other individual occupying a 7 position in the civil service, as that term is 8 defined in section 2101 of title 5, United 9 States Code; and 10 (C) does not include— 11 (i) a member of the uniformed serv- 12 ices, as that term is defined in section 13 2101 of title 5, United States Code; 14 (ii) an employee of an agency who oc- 15 cupies a position within the Executive 16 Schedule under any of sections 5312 17 through 5316 of title 5, United States 18 Code; 19 (iii) an individual in a Senior Execu- 20 tive Service position, unless the individual 21 is a career appointee, as those terms are 22 defined in section 3132(a) of title 5, 23 United States Code; 24 (iv) an individual serving in a position 25 of a confidential or policy-determining g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01579 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1580 1 character under Schedule C of subpart C 2 of part 213 of title 5, Code of Federal 3 Regulations, or any successor regulations; 4 (v) a member of the Senate or House 5 of Representatives, a Delegate to the 6 House of Representatives, or the Resident 7 Commissioner from Puerto Rico; or 8 (vi) an employee of the personal office 9 of an individual described in clause (v), of 10 a leadership office of the Senate or the 11 House of Representatives, of a committee 12 of the Senate or the House of Representa- 13 tives, or of a joint committee of Congress. 14 SEC. 170202. PANDEMIC DUTY DIFFERENTIAL. 15 (a) IN GENERAL.—There is established a schedule of 16 pay differentials for covered duty as follows: 17 (1) An employee is entitled to pay for that cov- 18 ered duty at the rate of basic pay, which includes 19 any differential or other premium pay paid for regu- 20 larly scheduled work of the employee other than the 21 differential established under this section, of the em- 22 ployee plus premium pay of $13 per hour. 23 24 (2) The total amount of premium pay paid to an employee under paragraph (1) shall be— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01580 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1581 1 (A) with respect to an employee whose an- 2 nual rate of basic pay is less than $200,000, 3 not more than $10,000 reduced by employer 4 payroll taxes (as defined in section 101(4)) with 5 respect to such premium pay; and 6 (B) with respect to an employee whose an- 7 nual rate of basic pay is not less than 8 $200,000, not more than $5,000 reduced by 9 employer payroll taxes (as so defined) with re- 10 spect to such premium pay. 11 (b) PAY.— 12 (1) IN respect to the covered 13 period, an employee is entitled to be paid the appli- 14 cable differential established under subsection (a) for 15 any period, including any period during the covered 16 period that precedes the date of enactment of this 17 Act, in which the employee is carrying out covered 18 duty, subject to the applicable limitations under that 19 subsection. 20 (2) RETROACTIVE PAYMENT.—With respect to 21 a payment earned by an employee under this section 22 for a period during the covered period that precedes 23 the date of enactment of this Act, the employee shall 24 be paid that payment in a lump sum payment as 25 soon as is practicable after that date of enactment. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—With 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01581 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1582 1 (c) GUIDANCE AND REGULATIONS.— 2 (1) EXECUTIVE 3 (A) IN GENERAL.—The Office of Personnel 4 Management shall develop criteria for agencies 5 in the executive branch of the Federal Govern- 6 ment regarding the means by which to deter- 7 mine the eligibility of an employee in such an 8 agency for the pay differential established 9 under this section, which shall— 10 (i) be based on— 11 (I) the duties performed by the 12 employee; 13 (II) the setting in which the em- 14 ployee performs the duties described 15 in subclause (I); and 16 (III) the interactions with the 17 public required in order for the em- 18 ployee to perform the duties described 19 in subclause (I); and 20 (ii) apply equally to all such agencies. 21 (B) REGULATIONS.—The Office of Per- 22 sonnel Management may prescribe regulations 23 implementing the pay differential under this 24 section with respect to employees in the execu- 25 tive branch of the Federal Government. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BRANCH.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01582 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1583 1 (2) OTHER 2 BRANCHES, CERTAIN DC EMPLOY- EES, AND CERTAIN TRIBAL OFFICIALS.— 3 (A) IN GENERAL.—The employing author- 4 ity for each agency that is not in the executive 5 branch of the Federal Government— 6 (i) shall develop criteria regarding the 7 means by which to determine the eligibility 8 of an employee in such an agency for the 9 pay differential established under this sec- 10 tion; and 11 (ii) may prescribe regulations imple- 12 menting the pay differential under this sec- 13 tion with respect to employees in the appli- 14 cable agency. 15 (B) CONSISTENCY WITH OPM GUIDANCE 16 AND 17 and regulations prescribed, by an agency under 18 subparagraph (A) shall, to the extent prac- 19 ticable, be comparable to any criteria developed 20 and regulations prescribed by the Office of Per- 21 sonnel Management under paragraph (1). 22 REGULATIONS.—Any criteria developed, SEC. 170203. LIMITATION ON PREMIUM PAY. 23 (a) IN GENERAL.—Notwithstanding subsections (a) 24 and (b) of section 5547 of title 5, United States Code, 25 or a provision of any other Federal, State, or Tribal law g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01583 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1584 1 that imposes a limitation on the amount of premium pay 2 (including any premium pay paid under section 202 and 3 any overtime pay paid for covered duty) that may be pay4 able to an employee, an employee may be paid such pre5 mium pay to the extent that the payment does not cause 6 the aggregate of basic pay and such premium pay for serv7 ice performed in that calendar year by that employee to 8 exceed the annual rate of basic pay payable for level II 9 of the Executive Schedule, as of the end of the calendar 10 year. 11 (b) APPLICABILITY OF AGGREGATE LIMITATION ON 12 PAY.—In determining whether a payment to an employee 13 is subject to the limitation under section 5307(a) of title 14 5, United States Code, a payment described in subsection 15 (a) shall not apply. 16 (c) APPLICABILITY OF CARES ACT.—The authority 17 provided under this section shall be considered to be in 18 addition to, and not a replacement for, the authority pro19 vided under section 18110 of title VIII of the CARES Act 20 (Public Law 116–136). 21 (d) RETROACTIVE EFFECT.—This section shall take 22 effect as if enacted on the date on which the covered pe23 riod began. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01584 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1585 1 SEC. 170204. AUTHORIZATION AND APPROPRIATION. 2 There is authorized to be appropriated, and there is 3 hereby appropriated, out of any money in the Treasury 4 not otherwise appropriated, $10,000,000,000, to remain 5 available until expended, for the offices and agencies de6 scribed in subsection (b) of this section to carry out sec7 tion 170202 and section 170203 of this title and to make 8 transfers authorized under subsection (a) of this section. 9 (a) OFFICES AND AGENCIES.—The offices and agen- 10 cies described in this subsection are— 11 12 (1) the Office of the Sergeant at Arms and Doorkeeper of the Senate; 13 14 (2) the Office of the Clerk of the House of Representatives; 15 16 (3) the Office of the Sergeant at Arms of the House of Representatives; 17 18 (4) the Office of the Chief Administrative Officer of the House of Representatives; 19 (5) the Office of the Attending Physician; 20 (6) the Capitol Police; 21 (7) the Office of the Architect of the Capitol; 22 (8) the Library of Congress; 23 (9) the Government Publishing Office; 24 (10) the Government Accountability Office; 25 (11) the Office of Personnel Management; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01585 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1586 1 (12) the Administrative Office of the United 2 States Courts; and 3 (13) the District of Columbia Courts. 4 (b) TRANSFER AUTHORITY.— 5 (1) OPM.—The Office of Personnel Manage- 6 ment may transfer funds made available under this 7 section to other Federal agencies within the execu- 8 tive branch to reimburse such agencies for costs in- 9 curred to implement this title. 10 (2) AOUSC.—The Administrative Office of the 11 United States Courts may transfer funds made 12 available under this section to other entities within 13 the judicial branch to reimburse the entities for 14 costs incurred to implement this title. 15 (3) DC COURTS.—The District of Columbia 16 Courts may transfer funds made available under this 17 section to the District of Columbia Public Defender 18 Service to reimburse the agency for costs incurred to 19 implement this title. 22 TITLE III—COORDINATION OF BENEFITS WITH OTHER PROGRAMS AND LAWS 23 SEC. 170301. COORDINATION WITH OTHER BENEFITS. 20 21 24 (a) DISREGARD FOR PURPOSES OF FEDERAL AND 25 STATE PROGRAMS.—Any payment provided under this g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01586 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1587 1 Act shall not be regarded as income and shall not be re2 garded as a resource for the month of receipt and the fol3 lowing 12 months, for purposes of determining the eligi4 bility of the recipient (or the recipient’s spouse or family) 5 for benefits or assistance, or the amount or extent of bene6 fits or assistance, under any Federal program or under 7 any State or local program financed in whole or in part 8 with Federal funds. 9 10 (b) AMOUNTS NOT TAKEN INTO ACCOUNT POSES OF 11 PUR- PREMIUM TAX CREDIT.— (1) IN GENERAL.—For purposes of determining 12 modified adjusted gross income under section 13 36B(d)(2)(B) of the Internal Revenue Code of 1986, 14 adjusted gross income shall be reduced by any 15 amounts received under subsection (b), including 16 pursuant to subsection (f), of section 170102 or by 17 reason of section 170202. 18 (2) EXCEPTION.—Paragraph (1) shall not 19 apply to the extent such reduction results in an 20 amount of household income (as defined in section 21 36B(d)(2)(A) of such Code) of a taxpayer that is 22 less than 100 percent of the poverty line (as defined 23 in section 36B(d)(3) of such Code) for a family of 24 the size involved (as determined under the rules of 25 section 36B(d)(1) of such Code). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01587 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1588 1 (3) REPORTING.— 2 (A) IN GENERAL.—Any employer that 3 makes an applicable payment during a calendar 4 year shall include as a separately stated item on 5 any written statement required under section 6 6051 of the Internal Revenue Code of 1986 or 7 any return or statement required by the Sec- 8 retary of the Treasury (or the Secretary’s dele- 9 gate) with respect to nonemployee compensation 10 the aggregate amount of each type of applicable 11 payments so made. 12 (B) APPLICABLE PAYMENTS.—For pur- 13 poses of this paragraph, the term ‘‘applicable 14 payments’’ means— 15 (i) amounts paid as premium pay 16 under 17 amounts 18 170102(f); and 19 paid 170102(b), pursuant including to section (ii) amounts paid by reason of section 20 21 section 170202. (c) EMPLOYMENT TAX TREATMENT FOR AMOUNTS 22 PAID THROUGH GRANTS.— 23 24 (1) IN 12:13 May 12, 2020 purposes of section 3111(a) of the Internal Revenue Code of 1986, any g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—For Jkt 000000 (763351 3) PO 00000 Frm 01588 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1589 1 amounts required to be paid by reason of this Act 2 shall not be considered wages. 3 (2) RAILROAD pur- 4 poses of section 3221(a) of the Internal Revenue 5 Code of 1986, the amount of tax imposed under 6 such section for any calendar year in which an em- 7 ployer is required to pay amounts under this Act 8 shall be equal to the sum of— 9 (A) the product of the rate in effect under 10 section 3111(a) of such Code and the com- 11 pensation (reduced by any amounts required to 12 be paid by reason of this Act) paid during any 13 calendar year by such employer for services ren- 14 dered to such employer; and 15 (B) the product of the rate in effect under 16 section 3111(b) of such Code and the com- 17 pensation paid during any calendar year by 18 such employer for services rendered to such em- 19 ployer. 20 (3) SELF-EMPLOYED 21 (A) IN INDIVIDUALS.— GENERAL.—In the case of the tax 22 imposed by section 1401(a) of the Internal Rev- 23 enue Code of 1986, the self-employment income 24 for any taxable year in which the individual re- 25 ceived a payment required to be made under g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 RETIREMENT TAXES.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01589 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1590 1 this Act shall be reduced by 50 percent of the 2 amount of payments so made. 3 (B) REGULATORY Sec- 4 retary of the Treasury (or the Secretary’s dele- 5 gate) shall prescribe regulations or other guid- 6 ance for the application of sections 164(f) and 7 1402(a)(12) of the Internal Revenue Code of 8 1986 with respect to amounts to which sub- 9 paragraph (A) applies. 10 (4) TRANSFERS TO TRUST FUNDS.—There are 11 hereby appropriated to the Federal Old Age and 12 Survivors Insurance Trust Fund and the Federal 13 Disability Insurance Trust Fund established under 14 section 201 of the Social Security Act (42 U.S.C. 15 401) and the Social Security Equivalent Benefit Ac- 16 count established under section 15A(a) of the Rail- 17 road Retirement Act of 1974 (45 U.S.C. 231n–1(a)) 18 amounts equal to the reduction in revenues to the 19 Treasury by reason of this subsection (without re- 20 gard to this paragraph). Amounts appropriated by 21 the preceding sentence shall be transferred from the 22 general fund at such times and in such manner as 23 to replicate to the extent possible the transfers 24 which would have occurred to such Trust Fund or 25 Account had this section not been enacted. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AUTHORITY.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01590 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1591 1 SEC. 170302. CLARIFICATION OF COORDINATION WITH 2 OTHER LAWS. 3 (a) ESSENTIAL WORKERS RIGHTS AND BENEFITS.— 4 Nothing in this Act shall be construed to allow noncompli5 ance with or in any way to diminish, and shall instead 6 be construed to be in addition to, the rights or benefits 7 that an essential worker is entitled to under any— 8 (1) Federal, State, or local law, including regu- 9 lation; 10 (2) collective bargaining agreement; or 11 (3) employer policy. 12 (b) TITLE 5.—Nothing in this Act shall be construed 13 to affect the application of the provisions of sections 5343 14 or 5545 of title 5, United States Code, with respect to 15 pay differentials for duty involving unusual physical hard16 ship or hazard, or environmental differentials. 17 SEC. 170303. APPLICABILITY OF FAIR LABOR STANDARDS 18 ACT OF 1938 TO SOVEREIGN TRIBAL EMPLOY- 19 ERS. 20 The receipt of any funds through a grant under sec- 21 tion 104, or any funds under title II, by a sovereign Tribal 22 employer, as defined in section 101(12), shall not expand, 23 constrict, or alter the application of the Fair Labor Stand24 ards Act of 1938 (29 U.S.C. 201 et seq.) to such sovereign 25 Tribal employer. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01591 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1592 1 DIVISION R—CHILD NUTRITION AND 2 RELATED PROGRAMS 3 SEC. 180001. SHORT TITLE. 4 This division may be cited as the ‘‘Child Nutrition 5 and Related Programs Recovery Act’’. 6 SEC. 180002. EMERGENCY COSTS FOR CHILD NUTRITION 7 8 PROGRAMS DURING COVID–19 PANDEMIC. (a) USE OF CERTAIN APPROPRIATIONS TO COVER 9 EMERGENCY OPERATIONAL COSTS UNDER SCHOOL MEAL 10 PROGRAMS.— 11 (1) IN 12 (A) REQUIRED ALLOTMENTS.—Notwith- 13 standing any other provision of law, the Sec- 14 retary shall allocate to each State that partici- 15 pates in the reimbursement program under 16 paragraph (3) such amounts as may be nec- 17 essary to carry out reimbursements under such 18 paragraph for each reimbursement month, in- 19 cluding, subject to paragraph (4)(B), adminis- 20 trative expenses necessary to make such reim- 21 bursements. 22 (B) GUIDANCE WITH RESPECT TO PRO- 23 GRAM.—Not 24 of the enactment of this section, the Secretary g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.— 12:13 May 12, 2020 Jkt 000000 later than 10 days after the date (763351 3) PO 00000 Frm 01592 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1593 1 shall issue guidance with respect to the reim- 2 bursement program under paragraph (3). 3 (2) PROGRAM APPLICA- 4 TION.—To 5 gram under paragraph (3), not later than 30 days 6 after the date described in paragraph (1), a State 7 shall submit an application to the Secretary that in- 8 cludes a plan to calculate and disburse reimburse- 9 ments under the reimbursement program under 10 participate in the reimbursement pro- paragraph (3). 11 (3) REIMBURSEMENT PROGRAM.—Using the 12 amounts allocated under paragraph (1)(A), a State 13 participating in the reimbursement program under 14 this paragraph shall make reimbursements for emer- 15 gency operational costs for each reimbursement 16 month as follows: 17 (A) For each new school food authority in 18 the State for the reimbursement month, an 19 amount equal to 55 percent of the amount 20 equal to— 21 (i) the average monthly amount such 22 new school food authority was reimbursed 23 under the reimbursement sections for 24 meals and supplements served by such new g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REIMBURSEMENT 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01593 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1594 1 school food authority during the alternate 2 period; minus 3 (ii) the amount such new school food 4 authority was reimbursed under the reim- 5 bursement sections for meals and supple- 6 ments served by such new school food au- 7 thority during such reimbursement month. 8 (B) For each school food authority not de- 9 scribed in subparagraph (A) in the State for 10 the reimbursement month, an amount equal to 11 55 percent of— 12 (i) the amount such school food au- 13 thority was reimbursed under the reim- 14 bursement sections for meals and supple- 15 ments served by such school food authority 16 for the month beginning one year before 17 such reimbursement month; minus 18 (ii) the amount such school food au- 19 thority was reimbursed under the reim- 20 bursement sections for meals and supple- 21 ments served by such school food authority 22 during such reimbursement month. 23 (4) TREATMENT g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 OF FUNDS.— (763351 3) PO 00000 Frm 01594 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1595 1 (A) AVAILABILITY.—Funds allocated to a 2 State under paragraph (1)(A) shall remain 3 available until March 30, 2021. 4 (B) ADMINISTRATIVE State 5 may reserve not more than 1 percent of the 6 funds allocated under paragraph (1)(A) for ad- 7 ministrative expenses to carry out this sub- 8 section. 9 (C) UNEXPENDED BALANCE.—On Sep- 10 tember 30, 2021, any amounts allocated to a 11 State under paragraph (1)(A) or reimbursed to 12 a school food authority or new school food au- 13 thority under paragraph (3) that are unex- 14 pended by such State, school food authority, or 15 new school food authority shall revert to the 16 Secretary. 17 (5) REPORTS.—Each State that carries out a 18 reimbursement program under paragraph (3) shall, 19 not later than September 30, 2021, submit a report 20 to the Secretary that includes a summary of the use 21 of such funds by the State and each school food au- 22 thority and new school food authority in such State. 23 (b) USE 24 CHILD g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 EXPENSES.—A 12:13 May 12, 2020 Jkt 000000 AND OF CERTAIN APPROPRIATIONS TO COVER ADULT CARE FOOD PROGRAM CHILD CARE (763351 3) PO 00000 Frm 01595 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1596 1 OPERATIONAL EMERGENCY COSTS DURING COVID–19 2 PANDEMIC.— 3 (1) IN 4 (A) REQUIRED ALLOTMENTS.—Notwith- 5 standing any other provision of law, the Sec- 6 retary shall allocate to each State that partici- 7 pates in the reimbursement program under 8 paragraph (3) such amounts as may be nec- 9 essary to carry out reimbursements under such 10 paragraph for each reimbursement month, in- 11 cluding, subject to paragraph (4)(C), adminis- 12 trative expenses necessary to make such reim- 13 bursements. 14 (B) GUIDANCE WITH RESPECT TO PRO- 15 GRAM.—Not 16 of the enactment of this section, the Secretary 17 shall issue guidance with respect to the reim- 18 bursement program under paragraph (3). 19 (2) later than 10 days after the date REIMBURSEMENT PROGRAM APPLICA- 20 TION.—To 21 gram under paragraph (3), not later than 30 days 22 after the date described in paragraph (1), a State 23 shall submit an application to the Secretary that in- 24 cludes a plan to calculate and disburse reimburse- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.— 12:13 May 12, 2020 Jkt 000000 participate in the reimbursement pro- (763351 3) PO 00000 Frm 01596 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1597 1 ments under the reimbursement program under 2 paragraph (3). 3 (3) AMOUNT.—Using the 4 amounts allocated under paragraph (1)(A), a State 5 participating in the reimbursement program under 6 this paragraph shall make reimbursements for child 7 care operational emergency costs for each reimburse- 8 ment month as follows: 9 (A) For each new covered institution in the 10 State for the reimbursement month, an amount 11 equal to 55 percent of— 12 (i) the average monthly amount such 13 covered institution was reimbursed under 14 subsection (c) and subsection (f) of section 15 17 of the Richard B. Russell National 16 School Lunch Act (42 U.S.C. 1766) for 17 meals and supplements served by such new 18 covered institution during the alternate pe- 19 riod; minus 20 (ii) the amount such covered institu- 21 tion was reimbursed under such section for 22 meals and supplements served by such new 23 covered institution during such reimburse- 24 ment month. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REIMBURSEMENT 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01597 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1598 1 (B) For each covered institution not de- 2 scribed in subparagraph (A) in the State for 3 the reimbursement month, an amount equal to 4 55 percent of— 5 (i) the amount such covered institu- 6 tion was reimbursed under subsection (c) 7 and subsection (f) of section 17 of the 8 Richard B. Russell National School Lunch 9 Act (42 U.S.C. 1766) for meals and sup- 10 plements served by such covered institution 11 during the month beginning one year be- 12 fore such reimbursement month; minus 13 (ii) the amount such covered institu- 14 tion was reimbursed under such section for 15 meals and supplements served by such cov- 16 ered institution during such reimbursement 17 month. 18 (C) For each new sponsoring organization 19 of a family or group day care home in the State 20 for the reimbursement month, an amount equal 21 to 55 percent of— 22 (i) the average monthly amount such 23 new sponsoring organization of a family or 24 group day care home was reimbursed 25 under section 17(f)(3)(B) of the Richard g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01598 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1599 1 B. Russell National School Lunch Act (42 2 U.S.C. 1766(f)(3)(B)) for administrative 3 funds for the alternate period; minus 4 (ii) the amount such new sponsoring 5 organization of a family or group day care 6 home was reimbursed under such section 7 for administrative funds for the reimburse- 8 ment month. 9 (D) For each sponsoring organization of a 10 family or group day care home not described in 11 subparagraph (C) in the State for the reim- 12 bursement month, an amount equal to 55 per- 13 cent of— 14 (i) the amount such sponsoring orga- 15 nization of a family or group day care 16 home 17 17(f)(3)(B) of the Richard B. Russell Na- 18 tional School Lunch Act (42 U.S.C. 19 1766(f)(3)(B)) for administrative funds for 20 the month beginning one year before such 21 reimbursement month; minus reimbursed under section 22 (ii) the amount such sponsoring orga- 23 nization of a family or group day care 24 home was reimbursed under such section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 was 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01599 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1600 1 for administrative funds for such reim- 2 bursement month. 3 (4) TREATMENT 4 (A) AVAILABILITY.—Funds allocated to a 5 State under paragraph (1)(A) shall remain 6 available until March 30, 2021. 7 (B) UNAFFILIATED CENTER.—In the case 8 of a covered institution or a new covered insti- 9 tution that is an unaffiliated center that is 10 sponsored by a sponsoring organization and re- 11 ceives funds for a reimbursement month under 12 subparagraph (A) or (B), such unaffiliated cen- 13 ter shall provide to such sponsoring organiza- 14 tion an amount of such funds as agreed to by 15 the sponsoring organization and the unaffiliated 16 center, except such amount may not be greater 17 be than 15 percent of such funds. 18 (C) ADMINISTRATIVE EXPENSES.—A State 19 may reserve not more than 1 percent of the 20 funds allocated under paragraph (1)(A) for ad- 21 ministrative expenses to carry out this sub- 22 section. 23 (D) UNEXPENDED BALANCE.—On Sep- 24 tember 30, 2021, any amounts allocated to a 25 State under paragraph (1)(A) or reimbursed to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF FUNDS.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01600 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1601 1 a new covered institution, covered institution, 2 new sponsoring organization of a family or 3 group day care home, or sponsoring organiza- 4 tion of a family or group day care home that 5 are unexpended by such State, new covered in- 6 stitution, covered institution, new sponsoring 7 organization of a family or group day care 8 home, or sponsoring organization of a family or 9 group day care home, shall revert to the Sec- 10 retary. 11 (5) REPORTS.—Each State that carries out a 12 reimbursement program under paragraph (3) shall, 13 not later than September 30, 2021, submit a report 14 to the Secretary that includes a summary of the use 15 of such funds by the State and each new covered in- 16 stitution, covered institution, new sponsoring organi- 17 zation of a family or group day care home, or spon- 18 soring organization of a family or group day care 19 home. 20 (c) DEFINITIONS.—In this section: 21 (1) ALTERNATE term ‘‘alternate 22 period’’ means the period beginning January 1, 23 2020 and ending February 29, 2020. 24 25 (2) EMERGENCY 12:13 May 12, 2020 OPERATIONAL COSTS.—The term ‘‘emergency operational costs’’ means the costs g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PERIOD.—The Jkt 000000 (763351 3) PO 00000 Frm 01601 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1602 1 incurred by a school food authority or new school 2 food authority— 3 (A) during a public health emergency; 4 (B) that are related to the ongoing oper- 5 ation, modified operation, or temporary suspen- 6 sion of operation (including administrative 7 costs) of such school food authority or new 8 school food authority; and 9 (C) except as provided under subsection 10 (a), that are not reimbursed under a Federal 11 grant. 12 (3) CHILD OPERATIONAL EMERGENCY 13 COSTS.—The 14 costs’’ means the costs under the child and adult 15 care food program under section 17 of the Richard 16 B. Russell National School Lunch Act (42 U.S.C. 17 1766) incurred by a new covered institution, covered 18 institution, new sponsoring organization of a family 19 or group day care home, or sponsoring organization 20 of a family or group day care home— term ‘‘child care operational emergency 21 (A) during a public health emergency; 22 (B) that are related to the ongoing oper- 23 ation, modified operation, or temporary suspen- 24 sion of operation (including administrative 25 costs) of such new covered institution, covered g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CARE 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01602 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1603 1 institution, new sponsoring organization of a 2 family or group day care home, sponsoring or- 3 ganization of a family or group day care home, 4 or sponsoring organization of an unaffiliated 5 center; and 6 (C) except as provided under subsection 7 (b), that are not reimbursed under a Federal 8 grant. 9 (4) COVERED 10 term ‘‘cov- ered institution’’ means— 11 (A) an institution (as defined in section 12 17(a)(2) of the Richard B. Russell National 13 School Lunch Act (42 U.S.C. 1766(a)(2))); and 14 (B) a family or group day care home. 15 (5) NEW COVERED INSTITUTION.—The term 16 ‘‘new covered institution’’ means a covered institu- 17 tion for which no reimbursements were made for 18 meals and supplements under section 17(c) or (f) of 19 the Richard B. Russell National School Lunch Act 20 (42 U.S.C. 1766) with respect to the previous reim- 21 bursement period. 22 (6) NEW SCHOOL FOOD AUTHORITY.—The term 23 ‘‘new school food authority’’ means a school food au- 24 thority for which no reimbursements were made g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 INSTITUTION.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01603 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1604 1 under the reimbursement sections with respect to 2 the previous reimbursement period. 3 (7) NEW ORGANIZATION OF A 4 FAMILY OR GROUP DAY CARE.—The 5 sponsoring organization of a family or group day 6 care’’ means a sponsoring organization of a family 7 or group day care home for which no reimburse- 8 ments for administrative funds were made under 9 section 17(f)(3)(B) of the Richard B. Russell Na- 10 tional School Lunch Act (42 U.S.C. 1766(f)(3)(B)) 11 for the previous reimbursement period. 12 (8) PREVIOUS term ‘‘new REIMBURSEMENT PERIOD.—The 13 term ‘‘previous reimbursement period’’ means the 14 period beginning March 1, 2019 and ending June 15 30, 2019. 16 (9) PUBLIC HEALTH EMERGENCY.—The term 17 ‘‘public health emergency’’ means a public health 18 emergency declared pursuant to section 319 of the 19 Public Health Service Act (42 U.S.C. 247d) result- 20 ing from the COVID–19 pandemic. 21 (10) REIMBURSEMENT MONTH.—The term ‘‘re- 22 imbursement month’’ means March 2020, April 23 2020, May 2020, and June 2020. 24 (11) REIMBURSEMENT 25 12:13 May 12, 2020 SECTIONS.—The term ‘‘reimbursement sections’’ means— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 SPONSORING Jkt 000000 (763351 3) PO 00000 Frm 01604 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1605 1 (A) section 4(b), section 11(a)(2), section 2 13, and section 17A(c) of the Richard B. Rus- 3 sell National School Lunch Act (42 U.S.C. 4 1753(b); 42 U.S.C. 1759a(a)(2); 42 U.S.C. 5 1761; 42 U.S.C. 1766a(c)); and 6 (B) section 4 of the Child Nutrition Act 7 (42 U.S.C. 1773). 8 (12) 9 SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture. 10 (13) STATE.— The term ‘‘State’’ has the mean- 11 ing given such term in section 12(d)(8) of the Rich- 12 ard B. Russell National School Lunch Act (42 13 U.S.C. 1760(d)(8)). 14 SEC. 180003. AMENDMENTS TO THE PANDEMIC EBT ACT. 15 Section 1101 of the Families First Coronavirus Re- 16 sponse Act (Public Law 116–127) is amended— 17 (1) in subsection (a)— 18 (A) by striking ‘‘fiscal year 2020’’ and in- 19 serting ‘‘fiscal years 2020 and 2021’’; 20 (B) by striking ‘‘during which the school 21 would otherwise be in session’’; and 22 (C) by inserting ‘‘until the school reopens’’ 23 after ‘‘assistance’’; 24 (2) in subsection (b)— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01605 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1606 1 (A) by inserting ‘‘and State agency plans 2 for child care covered children in accordance 3 with subsection (i)’’ after ‘‘with eligible chil- 4 dren’’; 5 (B) by inserting ‘‘, a plan to enroll chil- 6 dren who become eligible children during a pub- 7 lic health emergency designation’’ before ‘‘, and 8 issuances’’; 9 (C) by striking ‘‘in an amount not less 10 than the value of meals at the free rate over the 11 course of 5 school days’’ and inserting ‘‘in ac- 12 cordance with subsection (h)(1)’’; and 13 (D) by inserting ‘‘and for each child care 14 covered child in the household’’ before the pe- 15 riod at the end; 16 (3) in subsection (c), by inserting ‘‘or child care 17 center’’ after ‘‘school’’; 18 (4) by amending subsection (e) to read as fol- 19 lows: 20 ‘‘(e) RELEASE OF INFORMATION.—Notwithstanding 21 any other provision of law, the Secretary of Agriculture 22 may authorize— 23 ‘‘(1) State educational agencies and school food 24 authorities administering a school lunch program 25 under the Richard B. Russell National School Lunch g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01606 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1607 1 Act (42 U.S.C. 1751 et seq.) to release to appro- 2 priate officials administering the supplemental nutri- 3 tion assistance program such information as may be 4 necessary to carry out this section with respect to el- 5 igible children; and 6 ‘‘(2) State agencies administering a child and 7 adult care food program under section 17 of the 8 Richard B. Russell National School Lunch Act (42 9 U.S.C. 1766) to release to appropriate officials ad- 10 ministering the supplemental nutrition assistance 11 program such information as may be necessary to 12 carry out this section with respect to child care cov- 13 ered children.’’; 14 (5) by amending subsection (g) to read as fol- 15 lows: 16 ‘‘(g) AVAILABILITY OF COMMODITIES.— 17 ‘‘(1) IN to paragraph (2), 18 during fiscal year 2020, the Secretary of Agriculture 19 may purchase commodities for emergency distribu- 20 tion in any area of the United States during a public 21 health emergency designation. 22 ‘‘(2) PURCHASES.—Funds made available to 23 carry out this subsection on or after the date of the 24 enactment of the Child Nutrition and Related Pro- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Subject 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01607 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1608 1 grams Recovery Act may only be used to purchase 2 commodities for emergency distribution— 3 ‘‘(A) under commodity distribution pro- 4 grams and child nutrition programs that were 5 established and administered by the Food and 6 Nutrition Service on or before the day before 7 the date of the enactment of the Families First 8 Coronavirus Response Act (Public Law 116– 9 127); or 10 ‘‘(B) to Tribal organizations (as defined in 11 section 3 of the Food and Nutrition Act of 12 2008 (7 U.S.C. 2012)), that are not admin- 13 istering the food distribution program estab- 14 lished under section 4(b) of the Food and Nu- 15 trition Act of 2008 (7 U.S.C. 2013(b)).’’. 16 (6) by redesignating subsections (h) and (i) as 17 subsections (l) and (m); 18 (7) by inserting after subsection (g) the fol- 19 lowing: 20 ‘‘(h) AMOUNT OF BENEFITS.— 21 ‘‘(1) IN household shall receive 22 benefits under this section in an amount equal to 1 23 breakfast and 1 lunch at the free rate for each eligi- 24 ble child or child care covered child in such house- 25 hold for each day. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—A 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01608 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1609 1 ‘‘(2) TREATMENT 2 DREN.—In 3 ble child during a public health emergency designa- 4 tion, the Secretary and State agency shall— the case of a child who becomes an eligi- 5 ‘‘(A) if such child becomes an eligible child 6 during school year 2019–2020, treat such child 7 as if such child was an eligible child as of the 8 date the school in which the child is enrolled 9 closed; and 10 ‘‘(B) if such child becomes an eligible child 11 after school year 2019–2020, treat such child 12 as an eligible child as of the first day of the 13 month in which such child becomes so eligible. 14 ‘‘(i) CHILD CARE COVERED CHILD ASSISTANCE.— 15 ‘‘(1) IN GENERAL.—During fiscal years 2020 16 and 2021, in any case in which a child care center 17 is closed for at least 5 consecutive days during a 18 public health emergency designation, each household 19 containing at least 1 member who is a child care 20 covered child attending the child care center shall be 21 eligible until the schools in the State in which such 22 child care center is located reopen, as determined by 23 the Secretary, to receive assistance pursuant to— 24 ‘‘(A) a State agency plan approved under 25 subsection (b) that includes— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF NEWLY ELIGIBLE CHIL- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01609 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1610 1 ‘‘(i) an application by the State agen- 2 cy seeking to participate in the program 3 under this subsection; and 4 ‘‘(ii) a State agency plan for tem- 5 porary emergency standards of eligibility 6 and levels of benefits under the Food and 7 Nutrition Act of 2008 (7 U.S.C. 2011 et 8 seq.) for households with child care covered 9 children; or 10 ‘‘(B) an addendum application described in 11 paragraph (2). 12 ‘‘(2) ADDENDUM the case of 13 a State agency that submits a plan to the Secretary 14 of Agriculture under subsection (b) that does not in- 15 clude an application or plan described in clauses (i) 16 and (ii) of paragraph (1)(A), such State agency may 17 apply to participate in the program under this sub- 18 section by submitting to the Secretary of Agriculture 19 an addendum application for approval that includes 20 a State agency plan described in such clause (ii). 21 ‘‘(3) REQUIREMENTS FOR PARTICIPATION.—A 22 State agency may not participate in the program 23 under this subsection if— 24 ‘‘(A) the State agency plan submitted by 25 such State agency under subsection (b) with re- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 APPLICATION.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01610 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1611 1 spect to eligible children is not approved by the 2 Secretary under such subsection; or 3 ‘‘(B) the State agency plan submitted by 4 such State agency under subsection (b) or this 5 subsection with respect to child care covered 6 children is not approved by the Secretary under 7 either such subsection. 8 ‘‘(4) AUTOMATIC 9 ‘‘(A) IN GENERAL.—Subject to subpara- 10 graph (B), the Secretary shall deem a child who 11 is less than 6 years of age to be a child care 12 covered child eligible to receive assistance under 13 this subsection if— 14 ‘‘(i) the household with such child at- 15 tests that such child is a child care covered 16 child; 17 ‘‘(ii) such child resides in a household 18 that includes an eligible child; 19 ‘‘(iii) such child receives cash assist- 20 ance benefits under the temporary assist- 21 ance for needy families program under 22 part A of title IV of the Social Security 23 Act (42 U.S.C. 601 et seq.); 24 ‘‘(iv) such child receives assistance 25 under the Child Care and Development g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ENROLLMENT.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01611 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1612 1 Block Grant Act of 1990 (42 U.S.C. 9857 2 et seq.); 3 ‘‘(v) such child is— 4 ‘‘(I) enrolled as a participant in a 5 Head Start program authorized under 6 the Head Start Act (42 U.S.C. 9831 7 et seq.); 8 ‘‘(II) a foster child whose care 9 and placement is the responsibility of 10 an agency that administers a State 11 plan under part B or E of title IV of 12 the Social Security Act (42 U.S.C. 13 621 et seq.); 14 ‘‘(III) a foster child who a court 15 has placed with a caretaker house- 16 hold; or 17 ‘‘(IV) a homeless child or youth 18 (as defined in section 725(2) of the 19 McKinney-Vento Homeless Assistance 20 Act (42 U.S.C. 11434a(2))); 21 ‘‘(vi) such child participates in the 22 special supplemental nutrition program for 23 women, infants, and children under section 24 17 of the Child Nutrition Act of 1966 (42 25 U.S.C. 1786); g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01612 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1613 1 ‘‘(vii) through the use of information 2 obtained by the State agency for the pur- 3 pose of participating in the supplemental 4 nutrition assistance program under the 5 Food and Nutrition Act of 2008 (7 U.S.C. 6 2011 et seq.), the State agency elects to 7 treat as a child care covered child each 8 child less than 6 years of age who is a 9 member of a household that receives sup- 10 plemental nutrition assistance program 11 benefits under such Act; or 12 ‘‘(viii) the State in which such child 13 resides determines that such child is a 14 child care covered child, using State data 15 approved by the Secretary. 16 ‘‘(B) ACCEPTANCE 17 AUTOMATIC ENROLLMENT.— 18 ‘‘(i) ONE ANY FORM CATEGORY.—For OF purposes 19 of deeming a child to be a child care cov- 20 ered child under subparagraph (A), a State 21 agency may not be required to show that 22 a child meets more than one requirement 23 specified in clauses (i) through (viii) of 24 such subparagraph. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01613 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1614 1 ‘‘(ii) DEEMING REQUIREMENT.—If a 2 State agency submits to the Secretary in- 3 formation that a child meets any one of 4 the requirements specified in clauses (i) 5 through (viii) of subparagraph (A), the 6 Secretary shall deem such child a child 7 care covered child under such subpara- 8 graph. 9 ‘‘(j) EXCLUSIONS.—The provisions of section 16 of 10 the Food and Nutrition Act of 2008 (7 U.S.C. 2025) re11 lating to quality control shall not apply with respect to 12 assistance provided under this section. 13 ‘‘(k) FEASIBILITY ANALYSIS.— 14 ‘‘(1) IN later than 30 days 15 after the date of the enactment of the Child Nutri- 16 tion and Related Programs Recovery Act, the Sec- 17 retary shall submit to the Education and Labor 18 Committee and the Agriculture Committee of the 19 House of Representatives and the Committee on Ag- 20 riculture, Nutrition, and Forestry of the Senate a 21 report on— 22 ‘‘(A) the feasibility of implementing the 23 program for eligible children under this section 24 using an EBT system in Puerto Rico, the Com- 25 monwealth of the Northern Mariana Islands, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01614 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1615 1 and American Samoa similar to the manner in 2 which the supplemental nutrition assistance 3 program under the Food and Nutrition Act of 4 2008 is operated in the States, including an 5 analysis of–— 6 ‘‘(i) the current nutrition assistance 7 program issuance infrastructure; 8 ‘‘(ii) the availability of— 9 ‘‘(I) an EBT system, including 10 the ability for authorized retailers to 11 accept EBT cards; and 12 ‘‘(II) EBT cards; 13 ‘‘(iii) the ability to limit purchases 14 using nutrition assistance program benefits 15 to food for home consumption; and 16 ‘‘(iv) the availability of reliable data 17 necessary for the implementation of such 18 program under this section for eligible chil- 19 dren and child care covered children, in- 20 cluding the names of such children and the 21 mailing addresses of their households; and 22 ‘‘(B) the feasibility of implementing the 23 program for child care covered children under 24 subsection (i) in Puerto Rico, the Common- 25 wealth of the Northern Mariana Islands, and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01615 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1616 1 American Samoa, including with respect to such 2 program each analysis specified in clauses (i) 3 through (iv) of subparagraph (A). 4 ‘‘(2) CONTINGENT 5 TION.—Beginning 6 actment of the Child Nutrition and Related Pro- 7 grams Recovery Act, Puerto Rico, the Common- 8 wealth of the Northern Mariana Islands, and Amer- 9 ican Samoa may each— 30 days after the date of the en- 10 ‘‘(A) submit a plan under subsection (b), 11 unless the Secretary makes a finding, based on 12 the analysis provided under paragraph (1)(A), 13 that the implementation of the program for eli- 14 gible children under this section is not feasible 15 in such territories; and 16 ‘‘(B) submit a plan under subsection (i), 17 unless the Secretary makes a finding, based on 18 the analysis provided under paragraph (1)(B), 19 that the implementation of the program for 20 child care covered children under subsection (i) 21 is not feasible in such territories.’’; 22 (8) in subsection (l), as redesigned by para- 23 graph (7)— 24 (A) by redesignating paragraph (1) as 25 paragraph (3); g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AVAILABILITY OF PARTICIPA- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01616 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1617 1 (B) by redesignating paragraphs (2) and 2 (3) as paragraphs (5) and (6), respectively; 3 (C) by inserting before paragraph (3) (as 4 so redesignated) the following: 5 ‘‘(1) The term ‘child care center’ means an or- 6 ganization described in subparagraph (A) or (B) of 7 section 17(a)(2) of the Richard B. Russell National 8 School Lunch Act (42 U.S.C. 1766(a)(2)) and a 9 family or group day care home. 10 ‘‘(2) The term ‘child care covered child’ means 11 a child served under section 17 of the Richard B. 12 Russell National School Lunch Act (42 U.S.C. 13 1766) who, if not for the closure of the child care 14 center attended by the child during a public health 15 emergency designation and due to concerns about a 16 COVID–19 outbreak, would receive meals under 17 such section at the child care center.’’; and 18 (D) by inserting after paragraph (3) (as so 19 redesignated) the following: 20 ‘‘(4) The term ‘free rate’ means— 21 ‘‘(A) with respect to a breakfast, the rate 22 of a free breakfast under the school breakfast 23 program under section 4 of the Child Nutrition 24 Act of 1966 (42 U.S.C. 1773); and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01617 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1618 1 ‘‘(B) with respect to a lunch, the rate of 2 a free lunch under the school lunch program 3 under the Richard B. Russell National School 4 Lunch Act (42 U.S.C. 1771 et seq.).’’; and 5 (9) in subsection (m), as redesignated by para- 6 graph (7), by inserting ‘‘(including all administrative 7 expenses)’’ after ‘‘this section’’. 8 SEC. 180004. FRESH PRODUCE FOR KIDS IN NEED. 9 Section 2202(f)(1) of the Families First Coronavirus 10 Response Act (Public Law 116–127) is amended by add11 ing at the end the following: 12 ‘‘(E) The fresh fruit and vegetable pro- 13 gram under section 19 of the Richard B. Rus- 14 sell National School Lunch Act (42 U.S.C. 15 1769a).’’. 16 SEC. 180005. WIC BENEFIT FLEXIBILITY DURING COVID–19 17 18 ACT. (a) IN GENERAL.— 19 (1) AUTHORITY INCREASE AMOUNT OF 20 CASH-VALUE 21 public health emergency declared under section 319 22 of the Public Health Service Act (42 U.S.C. 247d) 23 and in response to challenges related to such public 24 health emergency, the Secretary may increase the 25 amount of a cash-value voucher under a qualified g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO 12:13 May 12, 2020 Jkt 000000 VOUCHER.—During the COVID–19 (763351 3) PO 00000 Frm 01618 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1619 1 food package to an amount less than or equal to 2 $35. 3 4 (2) APPLICATION CASH-VALUE VOUCHER TO STATE AGENCIES.— 5 (A) NOTIFICATION.—An increase to the 6 amount of a cash-value voucher under para- 7 graph (1) shall apply to any State agency that 8 notifies the Secretary of the intent to use such 9 an increased amount, without further applica- 10 tion. 11 (B) USE OF INCREASED AMOUNT.—A 12 State agency that notifies the Secretary under 13 subparagraph (A) may use or not use the in- 14 creased amount described in such subparagraph 15 during the period beginning on the date of the 16 notification by the State agency under such 17 subparagraph and ending September 30, 2020. 18 (3) APPLICATION PERIOD.—An increase to the 19 amount of a cash-value voucher under paragraph (1) 20 may only apply during the period beginning on the 21 date of the enactment of this section and ending on 22 September 30, 2020. 23 (4) SUNSET.—The authority to make an in- 24 crease to the amount of a cash-value voucher under 25 paragraph (1) or to use such an increased amount g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF INCREASED AMOUNT OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01619 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1620 1 under paragraph (2)(B) shall terminate on Sep- 2 tember 30, 2020. 3 (b) DEFINITIONS.— 4 (1) CASH-VALUE term ‘‘cash- 5 value voucher’’ has the meaning given the term in 6 section 246.2 of title 7, Code of Federal Regula- 7 tions. 8 (2) QUALIFIED FOOD PACKAGE.—The term 9 ‘‘qualified food package’’ means the following food 10 packages under section 246.10(e) of title 7, Code of 11 Federal Regulations: 12 (A) Food Package IV–Children 1 through 13 4 years. 14 (B) Food Package V–Pregnant and par- 15 tially (mostly) breastfeeding women. 16 (C) Food Package VI–Postpartum women. 17 (D) 18 breastfeeding. 19 (3) SECRETARY.—The term ‘‘Secretary’’ means 20 Food Package VII–Fully the Secretary of Agriculture. 21 (4) STATE AGENCY.—The term ‘‘State agency’’ 22 has the meaning given the term in section 17(b) of 23 the Child Nutrition Act of 1966 (42 U.S.C. 24 1786(b)). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 VOUCHER.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01620 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1621 1 SEC. 180006. CALCULATION OF PAYMENTS AND REIM- 2 BURSEMENTS FOR CERTAIN CHILD NUTRI- 3 TION PROGRAMS. 4 (a) RICHARD B. RUSSELL NATIONAL SCHOOL 5 LUNCH ACT.— 6 (1) NUTRITION 7 any other provision of law, for purposes of making 8 a payment to a State under section 5 of the Richard 9 B. Russell National School Lunch Act (42 U.S.C. 10 1754), the Secretary shall deem the number of 11 lunches served by school food authorities in such 12 State during the 2020 period to be equal to the 13 greater of the following: 14 (A) The number of lunches served by such 15 school food authorities in such State during the 16 2019 period. 17 (B) The number of lunches served by such 18 school food authorities in such State during the 19 2020 period. 20 (2) COMMODITY ASSISTANCE.—Notwithstanding 21 any other provision of law, for purposes of providing 22 commodity assistance to a State under section 23 6(c)(1)(C) of the Richard B. Russell National School 24 Lunch Act (42 U.S.C. 1755(c)(1)(C)) or cash assist- 25 ance in lieu of such commodity assistance under sec- 26 tion 16 of such Act (42 U.S.C. 1765) the Secretary g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PROMOTION.—Notwithstanding 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01621 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1622 1 shall deem the number of lunches served by school 2 food authorities in such State during the 2020 pe- 3 riod to be equal to the greater of the following: 4 (A) The number of lunches served by such 5 school food authorities in such State during the 6 2019 period. 7 (B) The number of lunches served by such 8 school food authorities in such State during the 9 2020 period. 10 (3) SPECIAL 11 standing any other provision of law, in determining 12 the number of meals served by a school for purposes 13 of making special assistance payments to a State 14 with respect to a school under subparagraph (B), 15 clause (ii) or (iii) of subparagraph (C), or subpara- 16 graph (E)(i)(II) of section 11(a)(1) of the Richard 17 B. Russell National School Lunch Act (42 U.S.C. 18 1759a(a)(1)), the Secretary shall deem the number 19 of meals served by such school during the 2020 pe- 20 riod to be equal to the greater of the following: 21 (A) The number of meals served by such 22 school during the 2019 period. 23 (B) The number of meals served by such 24 school during the 2020 period. 25 (b) CHILD NUTRITION ACT OF 1966.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ASSISTANCE PAYMENTS.—Notwith- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01622 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1623 1 (1) STATE 2 withstanding any other provision of law, for pur- 3 poses of making payments to a State under section 4 7(a) of the Child Nutrition Act of 1966 (42 U.S.C. 5 1776(a)), the Secretary shall deem the number of 6 meals and supplements served by such school food 7 authorities in such State during the 2020 period to 8 be equal to the greater of the following: 9 (A) The number of meals and supplements 10 served by such school food authorities in such 11 State during the 2019 period. 12 (B) The number of meals and supplements 13 served by such school food authorities in such 14 State during the 2020 period. 15 (2) TEAM NUTRITION NETWORK.—Notwith- 16 standing any other provision of law, for purposes of 17 making allocations to a State under section 19(d) of 18 the Child Nutrition Act of 1966 (42 U.S.C. 19 1788(d)), the Secretary shall deem the number of 20 lunches served by school food authorities in such 21 State during the 2020 period to be equal to the 22 greater of the following: 23 (A) The number of lunches served by such 24 school food authorities in such State during the 25 2019 period. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ADMINISTRATIVE EXPENSES.—Not- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01623 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1624 1 (B) The number of lunches served by such 2 school food authorities in such State during the 3 2020 period. 4 (c) DEFINITIONS.—In this section: 5 (1) SECRETARY.—The term ‘‘Secretary’’ means 6 the Secretary of Agriculture. 7 (2) 2019 PERIOD.—The term ‘‘2019 period’’ 8 means the period beginning March 1, 2019 and end- 9 ing June 30, 2019. 10 (3) 2020 PERIOD.—The term ‘‘2020 period’’ 11 means the period beginning March 1, 2020 and end- 12 ing June 30, 2020. 13 SEC. 180007. REPORTING ON WAIVER AUTHORITY. 14 (a) IN GENERAL.—Not later than 10 days after the 15 date of the receipt or issuance of each document listed 16 in paragraph (1), (2), or (3) of this subsection, the Sec17 retary of Agriculture shall make publicly available on the 18 website of the Department of Agriculture the following 19 documents: 20 21 (1) Any request submitted by State agencies for a qualified waiver. 22 23 (2) The Secretary’s approval or denial of each such request. 24 25 (3) Any guidance issued by the Secretary with respect to a qualified waiver. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01624 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1625 1 (b) INCLUSION OF DATE WITH GUIDANCE.—With re- 2 spect to the guidance described in subsection (a)(3), the 3 Secretary of Agriculture shall include the date on which 4 such guidance was issued on the publicly available website 5 of the Department of Agriculture on such guidance. 6 (c) QUALIFIED WAIVER DEFINED.—In this section, 7 the term ‘‘qualified waiver’’ means a waiver under section 8 2102, 2202, 2203, or 2204 of the Families First 9 Coronavirus Response Act (Public Law 116–127). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01625 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1626 4 DIVISION S—OTHER MATTERS TITLE I—HEALTH CARE ACCESS FOR URBAN NATIVE VETERANS ACT 5 SEC. 190101. SHORT TITLE. 1 2 3 6 This title may be cited as the ‘‘Health Care Access 7 for Urban Native Veterans Act’’. 8 SEC. 190102. SHARING ARRANGEMENTS WITH FEDERAL 9 AGENCIES. 10 Section 405 of the Indian Health Care Improvement 11 Act (25 U.S.C. 1645) is amended— 12 (1) in subsection (a)(1), by inserting ‘‘urban In- 13 dian organizations,’’ before ‘‘and tribal organiza- 14 tions’’; and 15 (2) in subsection (c)— 16 (A) by inserting ‘‘urban Indian organiza- 17 tion,’’ before ‘‘or tribal organization’’; and 18 (B) by inserting ‘‘an urban Indian organi- 19 zation,’’ before ‘‘or a tribal organization’’. TITLE II—TRIBAL SCHOOL FEDERAL INSURANCE PARITY 20 21 22 SEC. 190201. SHORT TITLE. 23 This title may be cited as the ‘‘Tribal School Federal 24 Insurance Parity Act’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01626 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1627 1 SEC. 190202. AMENDMENT TO THE INDIAN HEALTH CARE 2 IMPROVEMENT ACT. 3 Section 409 of the Indian Health Care Improvement 4 Act (25 U.S.C. 1647b) is amended by inserting ‘‘or the 5 Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 6 et seq.)’’ after ‘‘(25 U.S.C. 450 et seq.)’’. TITLE III—PRC FOR NATIVE VETERANS ACT 7 8 9 SEC. 190301. SHORT TITLE. 10 This title may be cited as the ‘‘Proper and Reim- 11 bursed Care for Native Veterans Act’’ or the ‘‘PRC for 12 Native Veterans Act’’. 13 SEC. 190302. CLARIFICATION OF REQUIREMENT OF DE- 14 PARTMENT OF VETERANS AFFAIRS AND DE- 15 PARTMENT OF DEFENSE TO REIMBURSE IN- 16 DIAN 17 HEALTH CARE SERVICES. 18 HEALTH SERVICE FOR CERTAIN Section 405(c) of the Indian Health Care Improve- 19 ment Act (25 U.S.C. 1645) is amended by inserting before 20 the period at the end the following: ‘‘, regardless of wheth21 er such services are provided directly by the Service, an 22 Indian tribe, or tribal organization, through contract 23 health services, or through a contract for travel described 24 in section 213(b)’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01627 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1628 TITLE IV—WILDLIFE-BORNE DISEASE PREVENTION 1 2 3 SEC. 190401. SHORT TITLE. 4 This title may be cited as the ‘‘Wildlife-Borne Disease 5 Prevention Act of 2020’’. 6 SEC. 190402. MEASURES TO ADDRESS SPECIES THAT POSE 7 8 A RISK TO HUMAN HEALTH. (a) SPECIES THAT POSE A RISK TO HUMAN 9 HEALTH.— 10 (1) IN Secretaries shall, in 11 consultation with the Director of the Centers for 12 Disease Control, the United States Geological Sur- 13 vey, and other relevant Federal agencies, identify 14 wildlife species (or larger taxonomic groups, if ap- 15 propriate) that could pose a biohazard risk to 16 human health, and perform a risk analysis with re- 17 spect to each such species for the purposes of deter- 18 mining whether such species is injurious within the 19 meaning of section 42 of title 18, United States 20 Code. 21 (2) DRAFT LIST.—The Secretaries shall, not 22 later than 90 days after the date of enactment of 23 this Act, publish a draft of the list required by para- 24 graph (1). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01628 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1629 1 (3) FINAL LIST.—The Secretaries shall, not 2 later than 1 year after the date of enactment of this 3 Act, publish a final list required by paragraph (1). 4 (b) INTERNATIONAL ASSISTANCE.—The Secretaries 5 shall, in consultation with the Secretary of State, provide 6 assistance to foreign countries to end the trade of wildlife 7 that poses a risk to humans because of transmission of 8 pathogens that cause disease. 9 (c) INSPECTIONS AND INTERDICTION.—The Sec- 10 retary of the Interior shall complete development on the 11 electronic permitting system of the United States Fish and 12 Wildlife Service and provide for law enforcement inspec13 tion and interdiction of any injurious wildlife species. 14 (d) AUTHORIZATION OF APPROPRIATION.—There is 15 authorized to be appropriated $21,000,000 to remain 16 available until expended for fiscal year 2020 to carry out 17 this section. 18 (e) SECRETARIES.—In this section the term ‘‘Secre- 19 taries’’ means the Secretary of Commerce, acting through 20 the Assistant Administrator for Fisheries, and the Sec21 retary of the Interior, acting through the Director of the 22 United States Fish and Wildlife Service. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01629 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1630 1 SEC. 190403. TRADE OF INJURIOUS SPECIES AND SPECIES 2 THAT POSE A RISK TO HUMAN HEALTH. 3 Section 42 of title 18, United States Code, is amend- 4 ed— 5 (1) in subsection (a)— 6 (A) in paragraph (1)— 7 (i) by inserting ‘‘or any interstate 8 transport between States within the conti- 9 nental United States,’’ after ‘‘shipment be- 10 tween the continental United States, the 11 District of Columbia, Hawaii, the Com- 12 monwealth of Puerto Rico, or any posses- 13 sion of the United States,’’; and 14 (ii) by striking ‘‘to be injurious to 15 human beings, to the interests of agri- 16 culture’’ and inserting ‘‘to be injurious to 17 or to transmit a pathogen that can cause 18 disease in humans, to be injurious to the 19 interests of agriculture’’; and 20 (B) by adding at the end the following: 21 ‘‘(6) In the case of an emergency posing a sig- 22 nificant risk to the health of humans, the Secretary 23 of the Interior may designate a species by interim 24 final rule. At the time of publication of the regula- 25 tion in the Federal Register, the Secretary shall 26 publish therein detailed reasons why such regulation g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01630 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1631 1 is necessary, and in the case that such regulation 2 applies to a native species, the Secretary shall give 3 actual notice of such regulation to the State agency 4 in each State in which such species is believed to 5 occur. Any regulation promulgated under the au- 6 thority of this paragraph shall cease to have force 7 and effect at the close of the 365-day period fol- 8 lowing the date of publication unless, during such 9 365-day period, the rulemaking procedures which 10 would apply to such regulation without regard to 11 this paragraph are complied with. If at any time 12 after issuing an emergency regulation the Secretary 13 determines, on the basis of the best appropriate data 14 available to the Secretary, that substantial evidence 15 does not exist to warrant such regulation, the Sec- 16 retary shall withdraw it. 17 ‘‘(7) Not more than 90 days after receiving a 18 petition of an interested person under section 553(e) 19 of title 5, United States Code, to determine that a 20 species is injurious under this section, the Secretary 21 of the Interior shall determine whether such petition 22 has scientific merit. If the Secretary determines a 23 petition has scientific merit, such Secretary shall 24 make a determination regarding such petition not g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01631 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1632 1 more than 12 months after the date such Secretary 2 received such petition.’’; and 3 (2) by amending subsection (b) to read as fol- 4 lows: 5 ‘‘(b) Any person who knowingly imports, ships, or 6 transports any species in violation of subsection (a) of this 7 section and who reasonably should have known that the 8 species at issue in such violation is a species listed in sub9 section (a) of this section, or in any regulation issued pur10 suant thereto, shall be fined under this title or imprisoned 11 not more than six months, or both.’’. 12 SEC. 190404. NATIONAL WILDLIFE HEALTH CENTER. 13 (a) WILDLIFE DISEASE SURVEILLANCE.—The Direc- 14 tor shall establish and maintain a national database of 15 wildlife disease, including diseases that cause a human 16 health risk, at the National Wildlife Health Center. The 17 Director, acting through such Center, shall, with respect 18 to wildlife disease— 19 20 (1) develop, validate, and deploy diagnostic tests; 21 (2) provide diagnostic services to Federal, 22 State, and Tribal natural resource management 23 agencies; and 24 25 (3) provide confirmatory testing of diagnostic results. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01632 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1633 1 (b) STRATEGIES FOR MITIGATION.—The Director 2 shall— 3 (1) develop a framework for wildlife disease ex- 4 perts in the United States to conduct risk assess- 5 ments of wildlife diseases; 6 7 (2) communicate risk factors associated with wildlife diseases to the public; 8 9 (3) develop strategies to mitigate the threat posed by wildlife disease; and 10 11 (4) in coordination with the Director of the United States Fish and Wildlife Service— 12 (A) monitor wildlife disease threats to 13 evaluate the risk posed by and impact of such 14 diseases on the United States, conduct research 15 and development to create statistically sup- 16 ported sampling frameworks for broad-scale 17 surveillance of wildlife disease threats; 18 (B) conduct research on human dimensions 19 of wildlife disease transmission and on effective 20 outreach to stakeholders to help manage wildlife 21 disease; 22 (C) conduct statistical modeling to under- 23 stand and predict wildlife disease movement; 24 and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01633 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1634 1 (D) make recommendations to the Sec- 2 retary of the Interior on wildlife species to be 3 listed as injurious under section 42 of title 18, 4 United States Code. 5 (c) INTERNATIONAL SURVEILLANCE.—The Director, 6 in coordination with the Administrator for the United 7 States Agency for International Development, may 8 strengthen global capacity for wildlife health monitoring 9 to enhance early detection of diseases that have the capac10 ity to jump the species barrier and pose a risk to the 11 United States, including by providing funding for— 12 (1) academic, governmental, and nongovern- 13 mental partner entities working to prevent wildlife 14 disease outbreaks, emerging pathogens of wildlife or- 15 igin, and epidemics or pandemics; 16 (2) building wildlife disease diagnostic capacity 17 and monitoring systems in countries with areas that 18 pose a high risk for animal-to-human transmission 19 of disease; and 20 (3) providing technical assistance through train- 21 ing, data sharing, and performing testing in coun- 22 tries with areas that pose a high risk for animal-to- 23 human transmission of disease. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01634 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1635 1 (d) DIRECTOR.—In this section, the term ‘‘Director’’ 2 means the Director of the United States Geological Sur3 vey. 4 (e) WILDLIFE DISEASE.—In this section, the term 5 ‘‘wildlife disease’’ means a disease-causing agent in wild6 life that potentially poses a threat to human health. 7 SEC. 190405. SURVEILLANCE BY STATES, TRIBES, TERRI- 8 TORIES, AND INSULAR AREAS. 9 (a) WILDLIFE DISEASE SURVEILLANCE, RESEARCH, 10 MANAGEMENT, AND EDUCATION.—The Director or the 11 United States Fish and Wildlife Service shall establish a 12 grant program to provide onetime funding to the States, 13 the District of Columbia, Tribes, and the territories and 14 insular areas of the United States to conduct epidemiolog15 ical surveillance, research, management, and education re16 lating to emerging wildlife disease. 19 TITLE V—PANDEMIC RELIEF FOR AVIATION WORKERS AND PASSENGERS 20 SEC. 190501. PANDEMIC RELIEF FOR AVIATION WORKERS. 17 18 21 22 (a) APPLICABILITY OF ASSURANCE REGARDING FURLOUGHS.—Section 4114(a)(1) of the Coronavirus Aid, Re- 23 lief, and Economic Security Act (Public Law 116–136) is 24 amended by striking ‘‘September 30, 2020’’ and inserting g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01635 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1636 1 ‘‘the date on which such financial assistance is fully ex2 hausted by the air carrier or contractor’’. 3 (b) PROTECTION OF COLLECTIVE BARGAINING 4 AGREEMENT.—Section 4115 of such Act is amended— 5 (1) in subsection (a) by striking ‘‘(a) IN GEN- 6 ERAL.—’’; 7 8 and (2) by striking subsection (b). SEC. 190502. TRANSPARENCY OF FINANCIAL ASSISTANCE. 9 (a) DISCLOSURE OF FINANCIAL ASSISTANCE.—Not 10 later than 72 hours after issuance of financial assistance 11 by the Secretary of the Treasury pursuant to section 12 4112(a) of the Coronavirus Aid, Relief, and Economic Se13 curity Act (Public Law 116–136), the Secretary shall pub14 lish on the website of the Department of the Treasury and 15 shall submit to the congressional committees of jurisdic16 tion— 17 (1) a plain-language description of the financial 18 assistance, including the date of application, date of 19 application approval, and identity of the recipient of 20 financial assistance; 21 (2) the amount of the financial assistance; and 22 (3) a copy of any contract or assurances, if ap- 23 plicable, and other relevant documentation regarding 24 the financial assistance. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01636 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1637 1 (b) TRADE SECRETS.—Notwithstanding any other 2 provision of law, the Secretary may redact, from a disclo3 sure under subsection (a), any trade secret other than the 4 amount of or conditions attached to the issuance of finan5 cial assistance. 6 (c) DEFINITIONS.—In this section: 7 (1) CONGRESSIONAL 8 TION.—The 9 diction’’ means the Committee on Transportation 10 and Infrastructure and the Committee on Financial 11 Services of the House of Representatives and the 12 Committee on Commerce, Science, and Transpor- 13 tation and the Committee on Banking, Housing, and 14 Urban Affairs of the Senate. 15 (2) term ‘‘congressional committees of juris- TRADE SECRET DEFINED.—The term 16 ‘‘trade secret’’ means any financial or business infor- 17 mation provided by the recipient of financial assist- 18 ance under section 4112(a) of the Coronavirus Aid, 19 Relief, and Economic Security Act (Public Law 20 116–136), if— 21 (A) such recipient has taken reasonable 22 measures to keep such information secret; and 23 (B) the information derives independent 24 economic value, actual or potential, from not 25 being generally known to, and not being readily g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 COMMITTEES OF JURISDIC- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01637 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1638 1 ascertainable through proper means by, another 2 person who can obtain economic value from the 3 disclosure or use of the information. 4 (d) SAVINGS PROVISION.—Nothing in this section 5 shall be construed as eliminating or abridging any report6 ing requirement under the Coronavirus Aid, Relief, and 7 Economic Security Act (Public Law 116–136). 8 SEC. 190503. AIR CARRIER MAINTENANCE OUTSOURCING. 9 (a) IN GENERAL.—A passenger air carrier receiving 10 a loan, loan guarantee, or other investment under section 11 4003 of the Coronavirus Aid, Relief, and Economic Secu12 rity Act (Public Law 116–136) may not apply the pro13 ceeds of such assistance toward a contract for heavy main14 tenance work at a facility located outside of the United 15 States if such contract would increase the ratio of mainte16 nance work performed outside of the United States to all 17 maintenance work performed by or on behalf of such air 18 carrier at all locations. 19 (b) DEFINITION OF HEAVY MAINTENANCE WORK.— 20 In this section, the term ‘‘heavy maintenance work’’ has 21 the meaning given the term in section 44733(g) of title 22 49, United States Code. 23 SEC. 190504. NATIONAL AVIATION PREPAREDNESS PLAN. 24 (a) IN GENERAL.—The Secretary of Transportation, 25 in coordination with the Secretary of Health and Human g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01638 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1639 1 Services, the Secretary of Homeland Security, and the 2 heads of such other Federal departments or agencies as 3 the Secretary considers appropriate, shall develop a na4 tional aviation preparedness plan for communicable dis5 ease outbreaks. 6 (b) CONTENTS OF PLAN.—A plan developed under 7 subsection (a) shall, at a minimum— 8 (1) provide airports and air carriers with an 9 adaptable and scalable framework with which to 10 align the individual plans of such airports and air 11 carriers and provide appropriate guidance as to each 12 individual plan; 13 (2) improve coordination among airports, air 14 carriers, U.S. Customs and Border Protection, the 15 Centers for Disease Control and Prevention, other 16 appropriate Federal entities, and State and local 17 governments or health agencies on developing poli- 18 cies that increase the effectiveness of screening, 19 quarantining, and contact-tracing with respect to in- 20 bound international passengers; 21 (3) ensure that at-risk employees are equipped 22 with appropriate personal protective equipment to 23 reduce the likelihood of exposure to pathogens in the 24 event of a pandemic; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01639 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1640 1 (4) ensure aircraft and enclosed facilities 2 owned, operated, or used by an air carrier or airport 3 are cleaned, disinfected, and sanitized frequently in 4 accordance with Centers for Disease Control and 5 Prevention guidance; and 6 (5) incorporate all elements referenced in the 7 recommendation of the Comptroller General of the 8 United States to the Secretary of Transportation 9 contained in the report titled ‘‘Air Travel and Com- 10 municable Diseases: Comprehensive Federal Plan 11 Needed for U.S. Aviation System’s Preparedness’’ 12 issued in December 2015 (GAO–16–127). 13 (c) CONSULTATION.—When developing a plan under 14 subsection (a), the Secretary of Transportation shall con15 sult with aviation industry and labor stakeholders, includ16 ing representatives of— 17 (1) air carriers; 18 (2) small, medium, and large hub airports; 19 (3) labor organizations that represent airline pi- 20 lots, flight attendants, air carrier airport customer 21 service representatives, and air carrier maintenance, 22 repair, and overhaul workers; 23 (4) the labor organization certified under sec- 24 tion 7111 of title 5, United States Code, as the ex- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01640 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1641 1 clusive bargaining representative of air traffic con- 2 trollers of the Federal Aviation Administration; 3 (5) the labor organization certified under such 4 section as the exclusive bargaining representative of 5 airway transportation systems specialists and avia- 6 tion safety inspectors of the Federal Aviation Ad- 7 ministration; and 8 9 10 (6) such other stakeholders as the Secretary considers appropriate. (d) REPORT.—Not later than 30 days after the plan 11 is developed under subsection (a), the Secretary shall sub12 mit to the appropriate committees of Congress such plan. 13 (e) DEFINITION OF AT-RISK EMPLOYEES.—In this 14 section, the term ‘‘at-risk employees’’ means— 15 (1) individuals whose job duties require inter- 16 action with air carrier passengers on a regular and 17 continuing basis that are employees of— 18 (A) air carriers; 19 (B) air carrier contractors; 20 (C) airports; and 21 (D) Federal departments or agencies; and 22 (2) air traffic controllers and systems safety 23 specialists of the Federal Aviation Administration. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01641 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1642 1 SEC. 190505. WORKING AND TRAVEL CONDITIONS. 2 For the duration of the national emergency declared 3 by the President under the National Emergencies Act (50 4 U.S.C. 1601 et seq.) related to the pandemic of SARS– 5 CoV–2 or coronavirus disease 2019 (COVID–19), an air 6 carrier operating under part 121 of title 14, Code of Fed7 eral Regulations, shall— 8 (1) require each passenger and cabin crew- 9 member to wear a mask or protective face covering 10 while on board an aircraft of the air carrier; 11 (2) require each flight crewmember to wear a 12 mask or protective face covering while on board an 13 aircraft but outside the flight deck; 14 (3) submit to the Administrator of the Federal 15 Aviation Administration a proposal to permit flight 16 crew members of the air carrier to wear a mask or 17 protective face covering while at their stations in the 18 flight deck, including a safety risk assessment with 19 respect to such proposal; 20 (4) provide flight and cabin crewmembers, air- 21 port customer service agents, and other employees 22 whose job responsibilities involve interaction with 23 passengers with masks or protective face coverings, 24 gloves, and hand sanitizer and wipes with sufficient 25 alcohol content; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01642 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1643 1 (5) ensure aircraft, including the cockpit and 2 cabin, operated by such carrier are cleaned, dis- 3 infected, and sanitized after each use in accordance 4 with Centers for Disease Control and Prevention 5 guidance; 6 (6) ensure enclosed facilities owned, operated, 7 or used by such air carrier, including facilities used 8 for flight or cabin crewmember training or perform- 9 ance of indoor maintenance, repair, or overhaul 10 work, are cleaned, disinfected, and sanitized fre- 11 quently in accordance with Centers for Disease Con- 12 trol and Prevention guidance; 13 (7) provide air carrier employees whose job re- 14 sponsibilities involve cleaning, disinfecting, and sani- 15 tizing aircraft or enclosed facilities described in 16 paragraphs (5) and (6) with masks or protective 17 face coverings and gloves, and ensure that each con- 18 tractor of the air carrier provides employees of such 19 contractor with such materials; and 20 (8) establish guidelines, or adhere to applicable 21 guidelines, for notifying employees of a confirmed 22 COVID–19 diagnosis of an employee of such air car- 23 rier and for identifying other air carrier employees 24 whom such employee contacted in the 48-hour period 25 before the employee developed symptoms. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01643 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1644 1 SEC. 190506. PROTECTION OF CERTAIN FEDERAL AVIATION 2 3 ADMINISTRATION EMPLOYEES. (a) IN GENERAL.—For the duration of the national 4 emergency declared by the President under the National 5 Emergencies Act (50 U.S.C. 1601 et seq.) related to the 6 pandemic of SARS–CoV–2 or coronavirus disease 2019 7 (COVID–19), in order to maintain the safe and efficient 8 operation of the air traffic control system, the Adminis9 trator of the Federal Aviation Administration shall— 10 (1) provide air traffic controllers and airway 11 transportation systems specialists of the Administra- 12 tion with masks or protective face coverings, gloves, 13 and hand sanitizer and wipes with sufficient alcohol 14 content; 15 (2) ensure air traffic control facilities are 16 cleaned, disinfected, and sanitized frequently in ac- 17 cordance with Centers for Disease Control and Pre- 18 vention guidance; and 19 (3) provide employees of the Administration 20 whose job responsibilities involve cleaning, dis- 21 infecting, and sanitizing facilities described in para- 22 graph (2) with masks or protective face coverings 23 and gloves, and ensure that each contractor of the 24 Administration provides employees of such con- 25 tractor with such materials. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01644 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1645 1 (b) SOURCE OF EQUIPMENT.—The items described 2 in subsection (a)(1) may be procured or provided under 3 such subsection through any sources available to the Ad4 ministrator. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01645 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1646 TITLE VI—AMTRAK AND RAIL WORKERS 1 2 3 SEC. 190601. AMTRAK COVID–19 REQUIREMENTS. 4 (a) IN GENERAL.—For the duration of the national 5 emergency declared by the President under the National 6 Emergencies Act (50 U.S.C. 1601 et seq.) related to the 7 pandemic of SARS–CoV–2 or coronavirus disease 8 (COVID–19), Amtrak shall— 9 (1) require each passenger and employee of 10 Amtrak, including engineers, conductors, and on- 11 board service workers, to wear a mask or other pro- 12 tective face covering while onboard an Amtrak train; 13 (2) take such actions as are reasonable to en- 14 sure passenger compliance with the requirement 15 under paragraph (1); 16 (3) provide masks or protective face coverings, 17 gloves, and hand sanitizer and sanitizing wipes with 18 sufficient alcohol content to— 19 (A) conductors, engineers, and onboard 20 service workers; 21 (B) ticket agents, station agents, and red 22 cap agents; and 23 (C) any other employees whose job respon- 24 sibilities include interaction with passengers; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01646 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1647 1 (4) ensure Amtrak trains, including the loco- 2 motive cab and passenger cars, are cleaned, dis- 3 infected, and sanitized frequently in accordance with 4 guidance issued by the Centers for Disease Control 5 and Prevention and ensure that employees whose job 6 responsibilities include such cleaning, disinfecting, or 7 sanitizing are provided masks or protective face cov- 8 erings and gloves; 9 (5) ensure stations and enclosed facilities that 10 Amtrak owns and operates including facilities used 11 for training or the performance of indoor mainte- 12 nance, repair, or overhaul work, are cleaned, dis- 13 infected, and sanitized frequently in accordance with 14 guidance issued by the Centers for Disease Control 15 and Prevention and ensure that employees whose job 16 responsibilities include such cleaning, disinfecting, or 17 sanitizing are provided masks or protective face cov- 18 erings and gloves; 19 (6) take such actions as are reasonable to en- 20 sure that stations or facilities served or used by Am- 21 trak that Amtrak does not own are cleaned, dis- 22 infected, and sanitized frequently in accordance with 23 Centers for Disease Control and Prevention guid- 24 ance; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01647 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1648 1 (7) ensure that each contractor of Amtrak pro- 2 vides masks or protective face coverings and gloves 3 to employees of such contractor whose job respon- 4 sibilities include those described in paragraphs (4) 5 and (5); and 6 (8) establish guidelines, or adhere to existing 7 applicable guidelines, for notifying employees of a 8 confirmed diagnosis of COVID–19 of an employee of 9 Amtrak. 10 (b) AVAILABILITY.—If Amtrak is unable to acquire 11 any of the items necessary to comply with paragraphs (3), 12 (4), and (5) of subsection (a) due to market unavailability, 13 Amtrak shall— 14 (1) prepare and make public documentation 15 demonstrating what actions have been taken to ac- 16 quire such items; and 17 (2) continue efforts to acquire such items until 18 such items become available. 19 SEC. 190602. ADDITIONAL ENHANCED BENEFITS UNDER 20 THE RAILROAD UNEMPLOYMENT INSURANCE 21 ACT. 22 (a) IN GENERAL.—Section 2(a)(5)(A) of the Railroad 23 Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A) is 24 amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01648 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1649 1 (1) by striking ‘‘July 31, 2020’’ and inserting 2 ‘‘December 31, 2020, and for any registration peri- 3 ods during a period of continuing unemployment 4 which began on or before December 31, 2020’’; and 5 (2) by adding at the end ‘‘No recovery benefit 6 under this section shall be payable for any registra- 7 tion period beginning on or after July 1, 2021.’’ 8 (b) ADDITIONAL APPROPRIATIONS.—Section 9 2(a)(5)(B) of the Railroad Unemployment Insurance Act 10 (45 U.S.C. 352(a)(5)(B) is amended by adding at the end 11 the following: 12 ‘‘In addition to the amount appropriated by the pre- 13 ceding sentence, out of any funds in the Treasury not oth14 erwise appropriated, there are appropriated 15 $1,000,000,000 to cover the cost of recovery benefits pro16 vided under subparagraph (A), to remain available until 17 expended.’’. 18 19 (c) DISREGARD POSES OF OF RECOVERY BENEFITS ALL FEDERAL AND FOR PUR- FEDERALLY ASSISTED 20 PROGRAMS.—Section 2(a)(5) of the Railroad Unemploy21 ment Insurance Act (45 U.S.C. 352(a)(5)) is amended by 22 adding at the end the following: 23 ‘‘(C) A recovery benefit payable under sub- 24 paragraph (A) shall not be regarded as income 25 and shall not be regarded as a resource for the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01649 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1650 1 month of receipt and the following 9 months, 2 for purposes of determining the eligibility of the 3 recipient (or the recipient’s spouse or family) 4 for benefits or assistance, or the amount or ex- 5 tent of benefits or assistance, under any Fed- 6 eral program or under any State or local pro- 7 gram financed in whole or in part with Federal 8 funds.’’. 9 (d) CLARIFICATION ON AUTHORITY TO USE 10 FUNDS.—Funds appropriated under either the first or 11 second sentence of subparagraph (B) of section 2(a)(5) 12 of the Railroad Unemployment Insurance Act shall be 13 available to cover the cost of recovery benefits provided 14 under such section 2(a)(5) by reason of the amendments 15 made by subsection (a) as well as to cover the cost of such 16 benefits provided under such section 2(a)(5) as in effect 17 on the day before the date of enactment of this Act. 18 SEC. 190603. TREATMENT OF PAYMENTS FROM THE RAIL- 19 ROAD 20 COUNT. 21 UNEMPLOYMENT INSURANCE AC- (a) IN GENERAL.—Section 256(i)(1) of the Balanced 22 Budget and Emergency Deficit Control Act of 1985 (2 23 U.S.C. 906(i)(1)) is amended— 24 25 (1) in subparagraph (B), by striking ‘‘and’’ at the end; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01650 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1651 1 (2) in subparagraph (C), by inserting ‘‘and’’ at 2 the end; and 3 (3) by inserting after subparagraph (C) the fol- 4 lowing new subparagraph: 5 ‘‘(D) any payment made from the Railroad Un- 6 employment Insurance Account (established by sec- 7 tion 10 of the Railroad Unemployment Insurance 8 Act) for the purpose of carrying out the Railroad 9 Unemployment Insurance Act, and funds appro- 10 priated or transferred to or otherwise deposited in 11 such Account,’’. 12 (b) EFFECTIVE DATE.—The treatment of payments 13 made from the Railroad Unemployment Insurance Ac14 count pursuant to the amendment made by subsection (a) 15 shall take effect 7 days after the date of enactment of this 16 Act and shall apply only to obligations incurred on or after 17 such effective date for such payments. 18 SEC. 190604. TECHNICAL CORRECTION FOR EXTENDED UN- 19 EMPLOYMENT BENEFITS UNDER THE RAIL- 20 ROAD UNEMPLOYMENT INSURANCE ACT. 21 Section 2(c)(2)(D)(iii) of the Railroad Unemployment 22 Insurance Act (45 U.S.C. 352(c)(2)(D)(iii)) is amended 23 by striking ‘‘July 1, 2019’’ and inserting ‘‘July 15, 2019’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01651 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1652 1 SEC. 190605. TECHNICAL CORRECTION. 2 Section 22002 of Public Law 116–136 is amended 3 by striking ‘‘Railway Retirement Act of 1974’’ and insert4 ing ‘‘Railroad Retirement Act of 1974’’. 5 SEC. 190606. CLARIFICATION OF OVERSIGHT AND IMPLE- 6 MENTATION OF RELIEF FOR WORKERS AF- 7 FECTED BY CORONAVIRUS ACT. 8 (a) AUDITS, INVESTIGATIONS, AND OVERSIGHT.— 9 Notwithstanding section 2115 of the Relief for Workers 10 Affected by Coronavirus Act (subtitle A of title II of divi11 sion A of Public Law 116–136), the authority of the In12 spector General of the Department of Labor to carry out 13 audits, investigations, and other oversight activities that 14 are related to the provisions of such Act shall not extend 15 to any activities related to sections 2112, 2113, or 2114 16 of such Act. Such authority with respect to such sections 17 shall belong to the Inspector General of the Railroad Re18 tirement Board. 19 20 (b) OPERATING INSTRUCTIONS ANCE.—Notwithstanding OR OTHER GUID- section 2116(b) of the Relief for 21 Workers Affected by Coronavirus Act (subtitle A of title 22 II of division A of Public Law 116–136), the authority 23 of the Secretary of Labor to issue any operating instruc24 tions or other guidance necessary to carry out the provi25 sions of such Act shall not extend to any activities related 26 to sections 2112, 2113, or 2114 of such Act. Such authorg:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01652 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1653 1 ity with respect to such sections shall belong to the Rail2 road Retirement Board. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01653 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1654 2 TITLE VII—ENERGY AND ENVIRONMENT PROVISIONS 3 SEC. 190701. HOME ENERGY AND WATER SERVICE CON- 1 4 5 TINUITY. Any entity receiving financial assistance pursuant to 6 any division of this Act shall, to the maximum extent prac7 ticable, establish or maintain in effect policies to ensure 8 that no home energy service or public water system service 9 to a residential customer, which is provided or regulated 10 by such entity, is or remains disconnected or interrupted 11 during the emergency period described in section 12 1135(g)(1)(B) of the Social Security Act because of non13 payment, and all reconnections of such public water sys14 tem service are conducted in a manner that minimizes risk 15 to the health of individuals receiving such service. For pur16 poses of this section, the term ‘‘home energy service’’ 17 means a service to provide home energy, as such term is 18 defined in section 2603 of the Low-Income Home Energy 19 Assistance Act of 1981, or service provided by an electric 20 utility, as such term is defined in section 3 of the Public 21 Utility Regulatory Policies Act of 1978, and the term 22 ‘‘public water system’’ has the meaning given that term 23 in section 1401 of the Safe Drinking Water Act. Nothing 24 in this section shall be construed to require forgiveness 25 of any debt incurred or owed to an entity or to absolve g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01654 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1655 1 an individual of any obligation to an entity for service, 2 nor to preempt any State or local law or regulation gov3 erning entities that provide such services to residential 4 customers. 5 SEC. 190702. ENVIRONMENTAL JUSTICE GRANT PROGRAMS. 6 (a) ENVIRONMENTAL JUSTICE GRANTS.—The Ad- 7 ministrator of the Environmental Protection Agency shall 8 continue to carry out— 9 (1) the Environmental Justice Small Grants 10 Program and the Environmental Justice Collabo- 11 rative Problem-Solving Cooperative Agreement Pro- 12 gram, as those programs are in existence on the date 13 of enactment of this Act; and 14 (2) the Community Action for a Renewed Envi- 15 ronment grant programs I and II, as in existence on 16 January 1, 2012. 17 (b) USE OF FUNDS FOR GRANTS IN RESPONSE TO 18 COVID–19 PANDEMIC.—With respect to amounts appro19 priated by division A of this Act that are available to carry 20 out the programs described in subsection (a), the Adminis21 trator of the Environmental Protection Agency may only 22 award grants under such programs for projects that will 23 investigate or address the disproportionate impacts of the 24 COVID–19 pandemic in environmental justice commu25 nities. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01655 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1656 1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 2 authorized to be appropriated to carry out the programs 3 described in subsection (a) $50,000,000 for fiscal year 4 2020, and such sums as may be necessary for each fiscal 5 year thereafter. 6 (d) DISTRIBUTION.—Not later than 30 days after 7 amounts are made available pursuant to subsection (c), 8 the Administrator of the Environmental Protection Agen9 cy shall make awards of grants under each of the pro10 grams described in subsection (a). 11 SEC. 190703. LOW-INCOME HOUSEHOLD DRINKING WATER 12 AND WASTEWATER ASSISTANCE. 13 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 14 authorized to be appropriated $1,500,000,000 to the Sec15 retary to carry out this section. 16 17 (b) LOW-INCOME HOUSEHOLD DRINKING WATER AND WASTEWATER ASSISTANCE.—The Secretary shall 18 make grants to States and Indian Tribes to assist low19 income households, particularly those with the lowest in20 comes, that pay a high proportion of household income 21 for drinking water and wastewater services, by providing 22 funds to owners or operators of public water systems or 23 treatment works to reduce rates charged to such house24 holds for such services. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01656 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1657 1 (c) NONDUPLICATION OF EFFORT.—In carrying out 2 this section, the Secretary, States, and Indian Tribes, as 3 applicable, shall, as appropriate and to the extent prac4 ticable, use existing processes, procedures, policies, and 5 systems in place to provide assistance to low-income 6 households, including by using existing application and ap7 proval processes. 8 (d) ALLOTMENT.— 9 (1) IN as provided in para- 10 graph (2), the Secretary shall allot amounts appro- 11 priated pursuant to this section to a State or Indian 12 Tribe based on the following: 13 (A) The percentage of households in the 14 State, or under the jurisdiction of the Indian 15 Tribe, with income equal to or less than 150 16 percent of the Federal poverty line. 17 (B) The percentage of such households in 18 the State, or under the jurisdiction of the In- 19 dian Tribe, that spend more than 30 percent of 20 monthly income on housing. 21 (C) The extent to which the State or In- 22 dian Tribe has been affected by the public 23 health emergency, including the rate of trans- 24 mission of COVID–19 in the State or area over 25 which the Indian Tribe has jurisdiction, the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Except 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01657 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1658 1 number of COVID–19 cases compared to the 2 national average, and economic disruptions re- 3 sulting from the public health emergency. 4 (2) RESERVED Secretary shall re- 5 serve not more than 10 percent of the amounts ap- 6 propriated pursuant to this section for allotment to 7 States and Indian Tribes based on the economic dis- 8 ruptions to the States and Indian Tribes resulting 9 from the emergency described in the emergency dec- 10 laration issued by the President on March 13, 2020, 11 pursuant to section 501(b) of the Robert T. Stafford 12 Disaster Relief and Emergency Assistance Act (42 13 U.S.C. 5191(b)), during the period covered by such 14 emergency declaration and any subsequent major 15 disaster declaration under section 401 of such Act 16 (42 U.S.C. 5170) that supersedes such emergency 17 declaration. 18 (e) 19 DETERMINATION OF LOW-INCOME HOUSE- HOLDS.— 20 (1) MINIMUM DEFINITION OF LOW-INCOME.—In 21 determining whether a household is considered low- 22 income for the purposes of this section, a State or 23 Indian Tribe— 24 (A) shall ensure that, at a minimum— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FUNDS.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01658 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1659 1 (i) all households with income equal to 2 or less than 150 percent of the Federal 3 poverty line are included as low-income 4 households; and 5 (ii) all households with income equal 6 to or less than 60 percent of the State me- 7 dian income are included as low-income 8 households; 9 (B) may include households that have been 10 adversely economically affected by job loss or 11 severe income loss related to the public health 12 emergency; and 13 (C) may include other households, includ- 14 ing households in which 1 or more individuals 15 are receiving— 16 (i) assistance under the State pro- 17 gram funded under part A of title IV of 18 the Social Security Act (42 U.S.C. 601 et 19 seq.); 20 (ii) supplemental security income pay- 21 ments under title XVI of the Social Secu- 22 rity Act (42 U.S.C. 1381 et seq.); 23 (iii) supplemental nutrition assistance 24 program benefits under the Food and Nu- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01659 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1660 1 trition Act of 2008 (7 U.S.C. 2011 et 2 seq.); or 3 (iv) payments under section 1315, 4 1521, 1541, or 1542 of title 38, United 5 States Code, or under section 306 of the 6 Veterans’ and Survivors’ Pension Improve- 7 ment Act of 1978. 8 9 (2) HOUSEHOLD MENTS.—States DOCUMENTATION REQUIRE- and Indian Tribes shall— 10 (A) to the maximum extent practicable, 11 seek to limit the income history documentation 12 requirements for determining whether a house- 13 hold is considered low-income for the purposes 14 of this section; and 15 (B) for the purposes of income eligibility, 16 accept proof of job loss or severe income loss 17 dated after February 29, 2020, such as a layoff 18 or furlough notice or verification of application 19 of unemployment benefits, as sufficient to dem- 20 onstrate lack of income for an individual or 21 household. 22 (f) APPLICATIONS.—Each State or Indian Tribe de- 23 siring to receive a grant under this section shall submit 24 an application to the Secretary, in such form as the Sec25 retary shall require. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01660 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1661 1 (g) UTILITY RESPONSIBILITIES.—Owners or opera- 2 tors of public water systems or treatment works receiving 3 funds pursuant to this section for the purposes of reducing 4 rates charged to low-income households for service shall— 5 (1) conduct outreach activities designed to en- 6 sure that such households are made aware of the 7 rate assistance available pursuant to this section; 8 (2) charge such households, in the normal bill- 9 ing process, not more than the difference between 10 the actual cost of the service provided and the 11 amount of the payment made by the State or Indian 12 Tribe pursuant to this section; and 13 (3) within 45 days of providing assistance to a 14 household pursuant to this section, notify in writing 15 such household of the amount of such assistance. 16 (h) STATE AGREEMENTS WITH DRINKING WATER 17 AND WASTEWATER PROVIDERS.—To the maximum extent 18 practicable, a State that receives a grant under this sec19 tion shall enter into agreements with owners and operators 20 of public water systems, owners and operators of treat21 ment works, municipalities, nonprofit organizations asso22 ciated with providing drinking water, wastewater, and 23 other social services to rural and small communities, and 24 Indian Tribes, to assist in identifying low-income house25 holds and to carry out this section. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01661 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1662 1 (i) ADMINISTRATIVE COSTS.—A State or Indian 2 Tribe that receives a grant under this section may use up 3 to 8 percent of the granted amounts for administrative 4 costs. 5 (j) FEDERAL AGENCY COORDINATION.—In carrying 6 out this section, the Secretary shall coordinate with the 7 Administrator of the Environmental Protection Agency 8 and consult with other Federal agencies with authority 9 over the provision of drinking water and wastewater serv10 ices. 11 (k) AUDITS.—The Secretary shall require each State 12 and Indian Tribe receiving a grant under this section to 13 undertake periodic audits and evaluations of expenditures 14 made by such State or Indian Tribe pursuant to this sec15 tion. 16 (l) REPORTS TO CONGRESS.—The Secretary shall 17 submit to Congress a report on the results of activities 18 carried out pursuant to this section— 19 20 (1) not later than 1 year after the date of enactment of this section; and 21 (2) upon disbursement of all funds appropriated 22 pursuant to this section. 23 (m) DEFINITIONS.—In this section: 24 25 (1) INDIAN 12:13 May 12, 2020 term ‘‘Indian Tribe’’ means any Indian Tribe, band, group, or community g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TRIBE.—The Jkt 000000 (763351 3) PO 00000 Frm 01662 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1663 1 recognized by the Secretary of the Interior and exer- 2 cising governmental authority over a Federal Indian 3 reservation. 4 (2) MUNICIPALITY.—The term ‘‘municipality’’ 5 has the meaning given such term in section 502 of 6 the Federal Water Pollution Control Act (33 U.S.C. 7 1362). 8 (3) PUBLIC term 9 ‘‘public health emergency’’ means the public health 10 emergency described in section 1135(g)(1)(B) of the 11 Social Security Act (42 U.S.C. 1320b–5). 12 (4) PUBLIC WATER SYSTEM.—The term ‘‘public 13 water system’’ has the meaning given such term in 14 section 1401 of the Safe Drinking Water Act (42 15 U.S.C. 300f). 16 17 (5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Health and Human Services. 18 (6) STATE.—The term ‘‘State’’ means a State, 19 the District of Columbia, the Commonwealth of 20 Puerto Rico, the Virgin Islands of the United States, 21 Guam, American Samoa, and the Commonwealth of 22 the Northern Mariana Islands. 23 24 (7) TREATMENT 12:13 May 12, 2020 WORKS.—The term ‘‘treatment works’’ has the meaning given that term in section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 HEALTH EMERGENCY.—The Jkt 000000 (763351 3) PO 00000 Frm 01663 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1664 1 212 of the Federal Water Pollution Control Act (33 2 U.S.C. 1292). 3 SEC. 190704. HOME WATER SERVICE CONTINUITY. 4 (a) CONTINUITY OF SERVICE.—Any entity receiving 5 financial assistance under division A of this Act shall, to 6 the maximum extent practicable, establish or maintain in 7 effect policies to ensure that, with respect to any service 8 provided by a public water system or treatment works to 9 an occupied residence, which service is provided or regu10 lated by such entity— 11 (1) no such service is or remains disconnected 12 or interrupted during the emergency period because 13 of nonpayment; 14 (2) all reconnections of such service are con- 15 ducted in a manner that minimizes risk to the health 16 of individuals receiving such service; and 17 (3) no fees for late payment of bills for such 18 service are charged or accrue during the emergency 19 period. 20 (b) EFFECT.—Nothing in this section shall be con- 21 strued to require forgiveness of outstanding debt owed to 22 an entity or to absolve an individual of any obligation to 23 an entity for service. 24 (c) DEFINITIONS.—In this section: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01664 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1665 1 (1) EMERGENCY term ‘‘emer- 2 gency period’’ means the emergency period described 3 in section 1135(g)(1)(B) of the Social Security Act 4 (42 U.S.C. 1320b–5). 5 (2) PUBLIC WATER SYSTEM.—The term ‘‘public 6 water system’’ has the meaning given such term in 7 section 1401 of the Safe Drinking Water Act (42 8 U.S.C. 300f). 9 (3) TREATMENT WORKS.—The term ‘‘treatment 10 works’’ has the meaning given that term in section 11 212 of the Federal Water Pollution Control Act (33 12 U.S.C. 1292). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PERIOD.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01665 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1666 4 TITLE VIII—DEATH AND DISABILITY BENEFITS FOR PUBLIC SAFETY OFFICERS IMPACTED BY COVID–19 5 SEC. 190801. SHORT TITLE. 1 2 3 6 This title may be cited as the ‘‘Public Safety Officer 7 Pandemic Response Act of 2020’’. 8 SEC. 190802. DEATH AND DISABILITY BENEFITS FOR PUB- 9 LIC SAFETY OFFICERS IMPACTED BY COVID– 10 11 19. Section 1201 of the Omnibus Crime Control and Safe 12 Streets Act of 1968 (34 U.S.C. 10281) is amended by 13 adding at the end the following new subsection: 14 ‘‘(o) For purposes of this part: 15 ‘‘(1) COVID–19 shall be presumed to constitute 16 a personal injury within the meaning of subsection 17 (a), sustained in the line of duty by a public safety 18 officer and directly and proximately resulting in 19 death, unless such officer is shown to have per- 20 formed no line of duty activity or action within the 21 45 days immediately preceding a diagnosis of, or 22 positive test for COVID–19. 23 ‘‘(2) The Attorney General shall accept claims, 24 including supplemental claims, under this section 25 from an individual who— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01666 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1667 1 ‘‘(A) was serving as a public safety officer 2 and was injured or disabled in the line of duty 3 as a result of the terrorist attacks on the 4 United States that occurred on September 11, 5 2001, or in the aftermath of such attacks devel- 6 oped a condition described in section 3312(a) of 7 the Public Health Service Act (42 U.S.C. 8 300mm–22(a)); and 9 ‘‘(B) was diagnosed with COVID–19 dur- 10 ing the period described in paragraph (3), 11 which, in combination with the injury or dis- 12 ability described in subparagraph (A), perma- 13 nently and totally disabled or directly and 14 proximately resulted in the death of the indi- 15 vidual. 16 In assessing a claim under this paragraph, the pre- 17 sumption of causation described in paragraph (1) 18 shall apply. 19 ‘‘(3) The presumption described in paragraph 20 (1) shall apply with respect to a diagnosis of 21 COVID–19 beginning on January 20, 2020, and 22 ending on the date that is one year after the emer- 23 gency period (as such term is defined in section 24 1135(g) of the Social Security Act (42 U.S.C. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01667 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1668 1 1320b–5(g))) based on the COVID–19 public health 2 emergency ends. 3 ‘‘(4) The term ‘COVID–19’ means a disease 4 caused 5 coronavirus 2 (SARS–CoV–2). 6 ‘‘(p) In determining whether the personal injury re- by severe acute respiratory syndrome 7 sulting from COVID–19 was a catastrophic injury, the At8 torney General’s inquiry shall be limited to whether the 9 individual is permanently prevented from performing any 10 gainful work as a public safety officer.’’. TITLE IX—VICTIMS OF CRIME ACT AMENDMENTS 11 12 13 SEC. 190901. SHORT TITLE. 14 This title may be cited as the ‘‘Victims of Crime Act 15 Fix Act of 2020’’. 16 SEC. 190902. DEPOSITS OF FUNDING INTO THE CRIME VIC- 17 18 TIMS FUND. Section 1402(b) of the Victims of Crime Act of 1984 19 (34 U.S.C. 20101(b)) is amended— 20 21 (1) in paragraph (4), by striking ‘‘and’’ at the end; 22 23 (2) in paragraph (5), by striking the period at the end and inserting ‘‘; and’’; and 24 (3) by adding at the end the following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01668 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1669 1 ‘‘(6) any funds that would otherwise be depos- 2 ited in the general fund of the Treasury collected as 3 pursuant to— 4 ‘‘(A) a deferred prosecution agreement; or 5 ‘‘(B) a non-prosecution agreement.’’. 6 SEC. 190903. WAIVER OF MATCHING REQUIREMENT. 7 (a) IN GENERAL.—Notwithstanding any other provi- 8 sion of VOCA, during the COVID–19 emergency period 9 and for the period ending one year after the date on which 10 such period expires or is terminated, the Attorney General, 11 acting through the Director of the Office for Victims of 12 Crime, may not impose any matching requirement as a 13 condition of receipt of funds under any program to provide 14 assistance to victims of crimes authorized under the Vic15 tims of Crime Act of 1984 (34 U.S.C. 20101 et seq.). 16 (b) DEFINITION.—In this section, the term 17 ‘‘COVID–19 emergency period’’ means the period begin18 ning on the date on which the President declared a na19 tional emergency under the National Emergencies Act (50 20 U.S.C. 1601 et seq.) with respect to the Coronavirus Dis21 ease 2019 (COVID–19) and ending on the date that is 22 30 days after the date on which the national emergency 23 declaration is terminated. 24 (c) APPLICATION.—This section shall apply with re- 25 spect to— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01669 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1670 1 (1) applications submitted during the period de- 2 scribed under subsection (a), including applications 3 for which funds will be distributed after such period; 4 and 5 (2) distributions of funds made during the pe- 6 riod described under subsection (a), including dis- 7 tributions made pursuant to applications submitted 8 before such period. TITLE X—JABARA-HEYER NO HATE ACT 9 10 11 SEC. 191001. SHORT TITLE. 12 This title may be cited as the ‘‘Jabara-Heyer Na- 13 tional Opposition to Hate, Assault, and Threats to Equal14 ity Act of 2020’’ or the ‘‘Jabara-Heyer NO HATE Act’’. 15 SEC. 191002. FINDINGS. 16 Congress finds the following: 17 (1) The incidence of violence known as hate 18 crimes or crimes motivated by bias poses a serious 19 national problem. 20 (2) According to data obtained by the Federal 21 Bureau of Investigation, the incidence of such vio- 22 lence increased in 2017, the most recent year for 23 which data is available. 24 (3) In 1990, Congress enacted the Hate Crime 25 Statistics Act (Public Law 101–275; 28 U.S.C. 534 g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01670 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1671 1 note) to provide the Federal Government, law en- 2 forcement agencies, and the public with data regard- 3 ing the incidence of hate crime. The Hate Crimes 4 Statistics Act and the Matthew Shepard and James 5 Byrd, Jr. Hate Crimes Prevention Act (division E of 6 Public Law 111–84; 123 Stat. 2835) have enabled 7 Federal authorities to understand and, where appro- 8 priate, investigate and prosecute hate crimes. 9 (4) A more complete understanding of the na- 10 tional problem posed by hate crime is in the public 11 interest and supports the Federal interest in eradi- 12 cating bias-motivated violence referenced in section 13 249(b)(1)(C) of title 18, United States Code. 14 (5) However, a complete understanding of the 15 national problem posed by hate crimes is hindered 16 by incomplete data from Federal, State, and local 17 jurisdictions through the Uniform Crime Reports 18 program authorized under section 534 of title 28, 19 United States Code, and administered by the Fed- 20 eral Bureau of Investigation. 21 (6) Multiple factors contribute to the provision 22 of inaccurate and incomplete data regarding the in- 23 cidence of hate crime through the Uniform Crime 24 Reports program. A significant contributing factor is 25 the quality and quantity of training that State and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01671 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1672 1 local law enforcement agencies receive on the identi- 2 fication and reporting of suspected bias-motivated 3 crimes. 4 (7) The problem of crimes motivated by bias is 5 sufficiently serious, widespread, and interstate in na- 6 ture as to warrant Federal financial assistance to 7 States and local jurisdictions. 8 (8) Federal financial assistance with regard to 9 certain violent crimes motivated by bias enables Fed- 10 eral, State, and local authorities to work together as 11 partners in the investigation and prosecution of such 12 crimes. 13 SEC. 191003. DEFINITIONS. 14 In this title: 15 (1) HATE term ‘‘hate crime’’ 16 means an act described in section 245, 247, or 249 17 of title 18, United States Code, or in section 901 of 18 the Civil Rights Act of 1968 (42 U.S.C. 3631). 19 20 (2) PRIORITY AGENCY.—The term ‘‘priority agency’’ means— 21 (A) a law enforcement agency of a unit of 22 local government that serves a population of not 23 less than 100,000, as computed by the Federal 24 Bureau of Investigation; or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CRIME.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01672 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1673 1 (B) a law enforcement agency of a unit of 2 local government that— 3 (i) serves a population of not less than 4 50,000 and less than 100,000, as com- 5 puted by the Federal Bureau of Investiga- 6 tion; and 7 (ii) has reported no hate crimes 8 through the Uniform Crime Reports pro- 9 gram in each of the 3 most recent calendar 10 years for which such data is available. 11 (3) STATE.—The term ‘‘State’’ has the mean- 12 ing given the term in section 901 of title I of the 13 Omnibus Crime Control and Safe Streets Act of 14 1968 (34 U.S.C. 10251). 15 (4) UNIFORM REPORTS.—The term 16 ‘‘Uniform Crime Reports’’ means the reports author- 17 ized under section 534 of title 28, United States 18 Code, and administered by the Federal Bureau of 19 Investigation that compile nationwide criminal sta- 20 tistics for use— 21 (A) in law enforcement administration, op- 22 eration, and management; and 23 (B) to assess the nature and type of crime 24 in the United States. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CRIME 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01673 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1674 1 (5) UNIT term 2 ‘‘unit of local government’’ has the meaning given 3 the term in section 901 of title I of the Omnibus 4 Crime Control and Safe Streets Act of 1968 (34 5 U.S.C. 10251). 6 SEC. 191004. REPORTING OF HATE CRIMES. 7 (a) IMPLEMENTATION GRANTS.— 8 (1) IN GENERAL.—The Attorney General may 9 make grants to States and units of local government 10 to assist the State or unit of local government in im- 11 plementing the National Incident-Based Reporting 12 System, including to train employees in identifying 13 and classifying hate crimes in the National Incident- 14 Based Reporting System. 15 (2) PRIORITY.—In making grants under para- 16 graph (1), the Attorney General shall give priority to 17 States and units of local government with larger 18 populations. 19 (b) REPORTING.— 20 (1) COMPLIANCE.— 21 (A) IN GENERAL.—Except as provided in 22 subparagraph (B), in each fiscal year beginning 23 after the date that is 3 years after the date on 24 which a State or unit of local government first 25 receives a grant under subsection (a), the State g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF LOCAL GOVERNMENT.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01674 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1675 1 or unit of local government shall provide to the 2 Attorney General, through the Uniform Crime 3 Reporting system, information pertaining to 4 hate crimes committed in that jurisdiction dur- 5 ing the preceding fiscal year. 6 (B) EXTENSIONS; 7 Attorney General— 8 (i) may provide a 120-day extension 9 to a State or unit of local government that 10 is making good faith efforts to comply with 11 subparagraph (A); and 12 (ii) shall waive the requirements of 13 subparagraph (A) if compliance with that 14 subparagraph by a State or unit of local 15 government 16 under the constitution of the State or of 17 the State in which the unit of local govern- 18 ment is located, respectively. 19 (2) FAILURE would be TO COMPLY.—If unconstitutional a State or unit of 20 local government that receives a grant under sub- 21 section (a) fails to substantially comply with para- 22 graph (1) of this subsection, the State or unit of 23 local government shall repay the grant in full, plus 24 reasonable interest and penalty charges allowable by 25 law or established by the Attorney General. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 WAIVER.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01675 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1676 1 SEC. 191005. GRANTS FOR STATE-RUN HATE CRIME HOT- 2 3 LINES. (a) GRANTS AUTHORIZED.— 4 (1) IN GENERAL.—The Attorney General shall 5 make grants to States to create State-run hate 6 crime reporting hotlines. 7 (2) GRANT PERIOD.—A grant made under 8 paragraph (1) shall be for a period of not more than 9 5 years. 10 (b) HOTLINE REQUIREMENTS.—A State shall ensure, 11 with respect to a hotline funded by a grant under sub12 section (a), that— 13 (1) the hotline directs individuals to— 14 (A) law enforcement if appropriate; and 15 (B) local support services; 16 (2) any personally identifiable information that 17 an individual provides to an agency of the State 18 through the hotline is not directly or indirectly dis- 19 closed, without the consent of the individual, to— 20 (A) any other agency of that State; 21 (B) any other State; 22 (C) the Federal Government; or 23 (D) any other person or entity; 24 25 (3) the staff members who operate the hotline are trained to be knowledgeable about— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01676 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1677 1 (A) applicable Federal, State, and local 2 hate crime laws; and 3 (B) local law enforcement resources and 4 applicable local support services; and 5 (4) the hotline is accessible to— 6 (A) individuals with limited English pro- 7 ficiency, where appropriate; and 8 (B) individuals with disabilities. 9 (c) BEST PRACTICES.—The Attorney General shall 10 issue guidance to States on best practices for imple11 menting the requirements of subsection (b). 12 SEC. 191006. INFORMATION COLLECTION BY STATES AND 13 UNITS OF LOCAL GOVERNMENT. 14 (a) DEFINITIONS.—In this section: 15 (1) APPLICABLE term ‘‘applica- 16 ble agency’’, with respect to an eligible entity that 17 is— 18 (A) a State, means— 19 (i) a law enforcement agency of the 20 State; and 21 (ii) a law enforcement agency of a 22 unit of local government within the State 23 that— 24 (I) is a priority agency; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AGENCY.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01677 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1678 1 (II) receives a subgrant from the 2 State under this section; and 3 (B) a unit of local government, means a 4 law enforcement agency of the unit of local gov- 5 ernment that is a priority agency. 6 (2) COVERED 7 term ‘‘covered agency’’ means— 8 (A) a State law enforcement agency; or 9 (B) a priority agency. 10 11 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti- ty’’ means— 12 (A) a State; or 13 (B) a unit of local government that has a 14 15 priority agency. (b) GRANTS.— 16 (1) IN GENERAL.—The Attorney General may 17 make grants to eligible entities to assist covered 18 agencies within the jurisdiction of the eligible entity 19 in conducting law enforcement activities or crime re- 20 duction programs to prevent, address, or otherwise 21 respond to hate crime, particularly as those activities 22 or programs relate to reporting hate crimes through 23 the Uniform Crime Reports program, including— 24 (A) adopting a policy on identifying, inves- 25 tigating, and reporting hate crimes; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AGENCY.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01678 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1679 1 (B) developing a standardized system of 2 collecting, analyzing, and reporting the inci- 3 dence of hate crime; 4 (C) establishing a unit specialized in iden- 5 tifying, 6 crimes; and reporting hate 7 (D) engaging in community relations func- 8 tions related to hate crime prevention and edu- 9 cation such as— 10 (i) establishing a liaison with formal 11 community-based organizations or leaders; 12 and 13 (ii) conducting public meetings or 14 educational forums on the impact of hate 15 crimes, services available to hate crime vic- 16 tims, and the relevant Federal, State, and 17 local laws pertaining to hate crimes; and 18 (E) providing hate crime trainings for 19 agency personnel. 20 (2) SUBGRANTS.—A State that receives a grant 21 under paragraph (1) may award a subgrant to a pri- 22 ority agency of a unit of local government within the 23 State for the purposes under that paragraph. 24 (c) INFORMATION REQUIRED 25 OF 12:13 May 12, 2020 OF STATES AND UNITS LOCAL GOVERNMENT.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 investigating, Jkt 000000 (763351 3) PO 00000 Frm 01679 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1680 1 (1) IN each fiscal year in 2 which an eligible entity receives a grant under sub- 3 section (b), the eligible entity shall— 4 (A) collect information from each applica- 5 ble agency summarizing the law enforcement 6 activities or crime reduction programs con- 7 ducted by the agency to prevent, address, or 8 otherwise respond to hate crime, particularly as 9 those activities or programs relate to reporting 10 hate crimes through the Uniform Crime Re- 11 ports program; and 12 (B) submit to the Attorney General a re- 13 port containing the information collected under 14 subparagraph (A). 15 (2) SEMIANNUAL 16 LAW ENFORCEMENT AGENCY REPORT.— 17 (A) IN GENERAL.—In collecting the infor- 18 mation required under paragraph (1)(A), an eli- 19 gible entity shall require each applicable agency 20 to submit a semiannual report to the eligible 21 entity that includes a summary of the law en- 22 forcement activities or crime reduction pro- 23 grams conducted by the agency during the re- 24 porting period to prevent, address, or otherwise 25 respond to hate crime, particularly as those ac- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—For 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01680 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1681 1 tivities or programs relate to reporting hate 2 crimes through the Uniform Crime Reports pro- 3 gram. 4 (B) CONTENTS.—In a report submitted 5 under subparagraph (A), a law enforcement 6 agency shall, at a minimum, disclose— 7 (i) whether the agency has adopted a 8 policy on identifying, investigating, and re- 9 porting hate crimes; 10 (ii) whether the agency has developed 11 a standardized system of collecting, ana- 12 lyzing, and reporting the incidence of hate 13 crime; 14 (iii) whether the agency has estab- 15 lished a unit specialized in identifying, in- 16 vestigating, and reporting hate crimes; 17 (iv) whether the agency engages in 18 community relations functions related to 19 hate crime, such as— 20 (I) establishing a liaison with for- 21 mal community-based organizations or 22 leaders; and 23 (II) conducting public meetings 24 or educational forums on the impact 25 of hate crime, services available to g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01681 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1682 1 hate crime victims, and the relevant 2 Federal, State, and local laws per- 3 taining to hate crime; and 4 (v) number of hate crime 5 trainings for agency personnel, including 6 the duration of the trainings, conducted by 7 the agency during the reporting period. 8 (d) COMPLIANCE AND REDIRECTION OF FUNDS.— 9 (1) IN GENERAL.—Except as provided in para- 10 graph (2), beginning not later than 1 year after the 11 date of enactment of this title, an eligible entity re- 12 ceiving a grant under subsection (b) shall comply 13 with subsection (c). 14 15 (2) EXTENSIONS; WAIVER.—The Attorney Gen- eral— 16 (A) may provide a 120-day extension to an 17 eligible entity that is making good faith efforts 18 to collect the information required under sub- 19 section (c); and 20 (B) shall waive the requirements of sub- 21 section (c) for a State or unit of local govern- 22 ment if compliance with that subsection by the 23 State or unit of local government would be un- 24 constitutional under the constitution of the g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 the 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01682 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1683 1 State or of the State in which the unit of local 2 government is located, respectively. 3 SEC. 191007. REQUIREMENTS OF THE ATTORNEY GENERAL. 4 5 (a) INFORMATION COLLECTION PORT.—In AND ANALYSIS; RE- order to improve the accuracy of data regard- 6 ing the incidence of hate crime provided through the Uni7 form Crime Reports program, and promote a more com8 plete understanding of the national problem posed by hate 9 crime, the Attorney General shall— 10 (1) collect and analyze the information provided 11 by States and units of local government under sec- 12 tion 191006 for the purpose of developing policies 13 related to the provision of accurate data obtained 14 under the Hate Crime Statistics Act (Public Law 15 101–275; 28 U.S.C. 534 note) by the Federal Bu- 16 reau of Investigation; and 17 (2) for each calendar year beginning after the 18 date of enactment of this title, publish and submit 19 to Congress a report based on the information col- 20 lected and analyzed under paragraph (1). 21 (b) CONTENTS OF REPORT.—A report submitted 22 under subsection (a) shall include— 23 24 (1) a qualitative analysis of the relationship between— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01683 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1684 1 (A) the number of hate crimes reported by 2 State law enforcement agencies or priority 3 agencies through the Uniform Crime Reports 4 program; and 5 (B) the nature and extent of law enforce- 6 ment activities or crime reduction programs 7 conducted by those agencies to prevent, ad- 8 dress, or otherwise respond to hate crime; and 9 (2) a quantitative analysis of the number of 10 State law enforcement agencies and priority agencies 11 that have— 12 (A) adopted a policy on identifying, inves- 13 tigating, and reporting hate crimes; 14 (B) developed a standardized system of 15 collecting, analyzing, and reporting the inci- 16 dence of hate crime; 17 (C) established a unit specialized in identi- 18 fying, investigating, and reporting hate crimes; 19 (D) engaged in community relations func- 20 tions related to hate crime, such as— 21 (i) establishing a liaison with formal 22 community-based organizations or leaders; 23 and 24 (ii) conducting public meetings or 25 educational forums on the impact of hate g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01684 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1685 1 crime, services available to hate crime vic- 2 tims, and the relevant Federal, State, and 3 local laws pertaining to hate crime; and 4 (E) conducted hate crime trainings for 5 agency personnel during the reporting period, 6 including— 7 (i) the total number of trainings con- 8 ducted by each agency; and 9 (ii) the duration of the trainings de- 10 11 scribed in clause (i). SEC. 191008. ALTERNATIVE SENTENCING. 12 Section 249 of title 18, United States Code, is 13 amended by adding at the end the following: 14 ‘‘(e) SUPERVISED RELEASE.—If a court includes, as 15 a part of a sentence of imprisonment imposed for a viola16 tion of subsection (a), a requirement that the defendant 17 be placed on a term of supervised release after imprison18 ment under section 3583, the court may order, as an ex19 plicit condition of supervised release, that the defendant 20 undertake educational classes or community service di21 rectly related to the community harmed by the defendant’s 22 offense.’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01685 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1686 TITLE XI—PRISONS AND JAILS 1 2 SEC. 191101. SHORT TITLE. 3 This title may be cited as the ‘‘Pandemic Justice Re- 4 sponse Act’’. 5 SEC. 191102. EMERGENCY COMMUNITY SUPERVISION ACT. 6 (a) FINDINGS.—Congress finds the following: 7 (1) As of the date of introduction of this Act, 8 the novel coronavirus has spread to all 50 States, 9 the District of Columbia, and 3 territories. 10 (2) The Centers for Disease Control and Pre- 11 vention have projected that between 160,000,000 12 and 214,000,000 people could be infected by the 13 novel coronavirus in the United States over the 14 course of the pandemic. 15 (3) Although the United States has less than 5 16 percent of the world’s population, the United States 17 holds approximately 21 percent of the world’s pris- 18 oners and leads the world in the number of individ- 19 uals incarcerated, with nearly 2,200,000 people in- 20 carcerated in State and Federal prisons and local 21 jails. 22 (4) Studies have shown that individuals age out 23 of crime starting around 25 years of age, and re- 24 leased individuals over the age of 50 have a very low 25 recidivism rate. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01686 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1687 1 (5) According to public health experts, incarcer- 2 ated individuals are particularly vulnerable to being 3 gravely impacted by the novel corona virus pandemic 4 because— 5 (A) they have higher rates of underlying 6 health issues than members of the general pub- 7 lic, including higher rates of respiratory disease, 8 heart disease, diabetes, obesity, HIV/AIDS, 9 substance abuse, hepatitis, and other conditions 10 that suppress immune response; and 11 (B) the close conditions and lack of access 12 to hygiene products in prisons make these insti- 13 tutions 14 pandemics. 15 (6) The spread of communicable disease in the 16 United States generally constitutes a serious, height- 17 ened threat to the safety of incarcerated individuals, 18 and there is a serious threat to the general public 19 that prisons may become incubators of community 20 spread of communicable viral disease. 21 (b) DEFINITIONS.—In this section: 22 (1) COVERED susceptible to HEALTH CONDITION.—The viral term 23 ‘‘covered health condition’’ with respect to an indi- 24 vidual, means the individual— 25 (A) is pregnant; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 unusually 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01687 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1688 1 (B) has chronic lung disease or asthma; 2 (C) has congestive heart failure or coro- 3 nary artery disease; 4 (D) has diabetes; 5 (E) has a neurological condition that weak- 6 ens the ability to cough or breathe; 7 (F) has HIV; 8 (G) has sickle cell anemia; 9 (H) has cancer; or 10 (I) has a weakened immune system. 11 12 (2) COVERED term ‘‘covered individual’’— 13 (A) means an individual who— 14 (i) is a juvenile (as defined in section 15 5031 of title 18, United States Code); 16 (ii) is 50 years of age or older; 17 (iii) has a covered health condition; or 18 (iv) is within 12 months of release 19 from incarceration; and 20 (B) includes an individual described in 21 subparagraph (A) who is serving a term of im- 22 prisonment for an offense committed before No- 23 vember 1, 1987. 24 (3) NATIONAL 25 COMMUNICABLE g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 INDIVIDUAL.—The 12:13 May 12, 2020 Jkt 000000 EMERGENCY RELATING TO A DISEASE.—The term ‘‘national (763351 3) PO 00000 Frm 01688 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1689 1 emergency relating to a communicable disease’’ 2 means— 3 (A) an emergency involving Federal pri- 4 mary responsibility determined to exist by the 5 President under the section 501(b) of the Rob- 6 ert T. Stafford Disaster Relief and Emergency 7 Assistance Act (42 U.S.C. 5191(b)) with re- 8 spect to a communicable disease; or 9 (B) a national emergency declared by the 10 President under the National Emergencies Act 11 (50 U.S.C. 1601 et seq.) with respect to a com- 12 municable disease. 13 14 (c) PLACEMENT MUNITY CERTAIN INDIVIDUALS IN COM- SUPERVISION.— 15 (1) AUTHORITY.—Except as provided in para- 16 graph (2), beginning on the date on which a national 17 emergency relating to a communicable disease is de- 18 clared and ending on the date that is 60 days after 19 such national emergency expires or is terminated— 20 (A) notwithstanding any other provision of 21 law, the Director of the Bureau of Prisons shall 22 place in community supervision all covered indi- 23 viduals who are in the custody of the Bureau of 24 Prisons; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01689 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1690 1 (B) the district court of the United States 2 for each judicial district shall place in commu- 3 nity supervision all covered individuals who are 4 in the custody and care of the United States 5 Marshals Service. 6 (2) EXCEPTIONS.— 7 (A) BUREAU 8 carrying out paragraph (1)(A), the Director— 9 (i) may not place in community super- 10 vision any individual determined, by clear 11 and convincing evidence, to be likely to 12 pose a specific and substantial risk of 13 causing bodily injury to or using violent 14 force against the person of another; 15 (ii) shall place in the file of each indi- 16 vidual described in clause (i) documenta- 17 tion of such determination, including the 18 evidence used to make the determination; 19 and 20 (iii) not later than 180 days after the 21 date on which the national emergency re- 22 lating to a communicable disease expires, 23 shall provide a report to Congress docu- 24 menting— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF PRISONS.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01690 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1691 1 (I) the demographic data (includ- 2 ing race, gender, age, offense of con- 3 viction, and criminal history level) of 4 the individuals denied placement in 5 community supervision under clause 6 (i); and 7 (II) the justification for the deni- 8 als described in subclause (I). 9 (B) DISTRICT carrying out 10 paragraph (1)(B), each district court of the 11 United States— 12 (i) shall conduct an immediate and ex- 13 pedited review of the detention orders of 14 all covered individuals in the custody and 15 care of the United States Marshals Serv- 16 ice, which may be conducted sua sponte 17 and ex parte, without— 18 (I) appearance by the defendant 19 or any party; or 20 (II) requiring a petition, motion, 21 or other similar document to be filed; 22 (ii) may not place in community su- 23 pervision any individual if the court deter- 24 mines, after a hearing and the attorney for 25 the Government shows by clear and con- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 COURTS.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01691 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1692 1 vincing evidence based on individualized 2 facts, that detention is necessary because 3 the individual’s release will pose a specific 4 and substantial risk that the individual will 5 cause bodily injury or use violent force 6 against the person of another and that no 7 conditions of release will reasonably miti- 8 gate that risk; 9 (iii) in carrying out clauses (i) and 10 (ii), may— 11 (I) rely on evidence presented in 12 prior court proceedings; and 13 (II) if the court determines it 14 necessary, request additional informa- 15 tion from the parties to make the de- 16 termination. 17 (3) LIMITATION 18 PLACEMENT.—In 19 community supervision under this section, the Direc- 20 tor of the Bureau of Prisons and the district court 21 of the United States for each judicial district shall 22 take into account and prioritize placements that en- 23 able adequate social distancing, which include home 24 confinement or other forms of low in-person-contact 25 supervised release. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ON COMMUNITY SUPERVISION 12:13 May 12, 2020 Jkt 000000 placing covered individuals into (763351 3) PO 00000 Frm 01692 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1693 1 (d) LIMITATION ON PRE-TRIAL DETENTION.— 2 (1) NO 3 withstanding section 3142 of title 18, United States 4 Code, beginning on the date on which a national 5 emergency relating to a communicable disease is de- 6 clared and ending on the date that is 60 days after 7 such national emergency expires or is terminated, in 8 imposing conditions of release, the judicial officer 9 may not require payment of cash bail, proof of abil- 10 ity to pay an unsecured bond, execution of a bail 11 bond, a solvent surety to co-sign a secured or unse- 12 cured bond, or posting of real property. 13 (2) LIMITATION.— 14 (A) IN GENERAL.—Beginning on the date 15 on which a national emergency relating to a 16 communicable disease is declared and ending on 17 the date that is 60 days after such national 18 emergency expires or is terminated, at any ini- 19 tial appearance hearing, detention hearing, 20 hearing on a motion for pretrial release, or any 21 other hearing where the attorney for the Gov- 22 ernment is seeking the detention or continued 23 detention of any individual, the judicial officer 24 shall order the pretrial release of the individual 25 on personal recognizance or on a condition or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BOND CONDITIONS ON RELEASE.—Not- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01693 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1694 1 combination of conditions under section 3142(c) 2 of title 18, United States Code, unless the at- 3 torney for the Government shows by clear and 4 convincing evidence based on individualized 5 facts that detention is necessary because the in- 6 dividual’s release will pose a specific and sub- 7 stantial risk that the individual will cause bodily 8 injury or use violent force against the person of 9 another and that no conditions of release will 10 reasonably mitigate that risk. 11 (B) REQUIRED CONSIDERATION OF CER- 12 TAIN FACTORS.—If the judicial officer finds 13 that the attorney for the Government has made 14 the requisite showing under subparagraph (A), 15 the judicial officer shall take into consideration, 16 in determining whether detention is necessary— 17 (i) whether the individual’s age or 18 medical condition renders them especially 19 vulnerable; and 20 (ii) whether detention will compromise 21 the individual’s access to adequate medical 22 treatment, access to medications, or ability 23 to privately consult with counsel and 24 meaningfully prepare a defense. 25 (C) JUVENILES.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01694 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1695 1 (i) IN on the 2 date on which a national emergency relat- 3 ing to a communicable disease is declared 4 and ending on the date that is 60 days 5 after such national emergency expires or is 6 terminated, notwithstanding sections 5031 7 through 5035 of title 18, United States 8 Code, and except as provided under clause 9 (ii), in the case of a juvenile alleged to 10 have committed an act of juvenile delin- 11 quency, the judicial officer shall release the 12 juvenile to their parent, guardian, custo- 13 dian, or other responsible party (including 14 the director of a shelter-care facility) upon 15 their promise to bring such juvenile before 16 the appropriate court when requested by 17 the judicial officer. 18 (ii) EXCEPTION.—A juvenile alleged 19 to have committed an act of juvenile delin- 20 quency may be detained pending trial only 21 if, at a hearing at which the juvenile is 22 represented by counsel, the attorney for 23 the Government shows by clear and con- 24 vincing evidence based on individualized 25 facts that detention is necessary because g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Beginning 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01695 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1696 1 the juvenile’s release will pose a specific 2 and substantial risk that the juvenile will 3 use violent force against a reasonably iden- 4 tifiable person and that no conditions of 5 release will reasonably mitigate that risk, 6 except that in no case may a judicial offi- 7 cer order the detention of a juvenile if it 8 will compromise the juvenile’s access to 9 adequate medical treatment, access to 10 medications, or ability to privately consult 11 with counsel and meaningfully prepare a 12 defense. 13 (iii) RESTRICTIVE DETEN- 14 TION.—In 15 orders the detention of a juvenile under 16 clause (ii), the judicial officer shall order 17 the detention of the juvenile in the least 18 restrictive and safest environment possible, 19 taking the national emergency relating to a 20 communicable disease into consideration. the case that the judicial officer 21 (iv) 22 ORDER.—In 23 cer orders the detention of a juvenile under 24 clause (ii), the judicial officer shall issue a 25 written detention order that includes— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 LEAST 12:13 May 12, 2020 Jkt 000000 CONTENTS OF DETENTION the case that the judicial offi- (763351 3) PO 00000 Frm 01696 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1697 1 (I) findings of fact; 2 (II) the reasons for the deten- 3 tion; 4 (III) a description of the risk 5 identified under clause (ii); 6 (IV) an explanation of why no 7 conditions will reasonably mitigate the 8 risk identified under clause (ii); 9 (V) a statement that detention 10 will not compromise the juvenile’s ac- 11 cess to adequate medical treatment, 12 access to medications, or ability to 13 privately consult with counsel and 14 meaningfully prepare a defense; and 15 (VI) a statement establishing 16 that the detention environment is the 17 least restrictive and safest possible in 18 accordance 19 under clause (iii). 20 (e) LIMITATION ON with the requirement SUPERVISED RELEASE.—Begin- 21 ning on the date on which a national emergency relating 22 to a communicable disease is declared and ending on the 23 date that is 60 days after such national emergency expires, 24 the Office of Probation and Pretrial Services of the Ad25 ministrative Office of the United States Courts shall take g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01697 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1698 1 measures to prevent the spread of the communicable dis2 ease among individuals under supervision by— 3 (1) suspending the requirement that individuals 4 determined to be a lower risk of reoffending, or any 5 other individuals determined to be appropriate by 6 the supervising probation officer, report in person to 7 their probation or parole officer; 8 (2) identifying individuals who have successfully 9 completed not less than 18 months of supervision 10 and transferring such individuals to administrative 11 supervision or petitioning the court to terminate su- 12 pervision, as appropriate; and 13 (3) suspending the request for detention and 14 imprisonment as a sanction for violations of proba- 15 tion, supervised release, or parole. 16 (f) PROHIBITION.—No individual who is granted 17 placement in community supervision, termination of su18 pervision, placement on administrative supervision, or pre19 trial release shall be re-incarcerated, placed on supervision 20 or active supervision, or ordered detained pre-trial only as 21 a result of the expiration of the national emergency relat22 ing to a communicable disease. 23 (g) PROHIBITION ON TECHNICAL VIOLATIONS 24 CERTAIN MANDATORY REVOCATIONS OF AND PROBATION OR 25 SUPERVISED RELEASE.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01698 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1699 1 (1) RESENTENCING 2 AND SUPERVISED RELEASE.— 3 (A) IN GENERAL.—Beginning on the date 4 on which a national emergency relating to a 5 communicable disease is declared and ending on 6 the date that is 60 days after such national 7 emergency expires, and notwithstanding section 8 3582(b) of title 18, United States Code, a court 9 shall order the resentencing of a defendant who 10 is serving a term of imprisonment resulting 11 from a revocation of probation, or supervised 12 release for a Grade C violation for conduct 13 under section 7B1.1(c)(3)(B) of the United 14 States Sentencing Guidelines, upon motion of 15 the defendant. 16 (B) RESENTENCING.—The court shall 17 order the resentencing of a defendant described 18 in subparagraph (A) as follows: 19 (i) In the case of a revoked sentence 20 of probation, the court shall resentence the 21 defendant to probation, the duration of 22 which shall be equal to the period of time 23 remaining on the term of probation origi- 24 nally imposed at the time the defendant 25 was most recently placed in custody, unless g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 IN CASES OF PROBATION 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01699 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1700 1 the court determines that decreasing the 2 length of the term of probation is in the 3 interest of justice. 4 (ii) In the case of a revoked term of 5 supervised release, the court shall continue 6 the defendant on supervised release, the 7 duration of which shall be equal to the pe- 8 riod of time the defendant had remaining 9 on supervised release when the defendant 10 was most recently placed in custody, unless 11 the court determines that decreasing the 12 term of supervised release is in the interest 13 of justice. 14 (2) RESENTENCING 15 (A) IN GENERAL.—Beginning on the date 16 on which a national emergency relating to a 17 communicable disease is declared and ending on 18 the date that is 60 days after such national 19 emergency expires, the court shall order the re- 20 sentencing of a defendant who is serving a term 21 of imprisonment resulting from a technical vio- 22 lation of the defendant’s parole. 23 (B) RESENTENCING.—The court shall re- 24 sentence the defendant to parole, the duration 25 of which shall be equal to the period of time re- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 IN CASES OF PAROLE.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01700 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1701 1 maining on the defendant’s term of parole at 2 the time the defendant was most recently 3 placed in custody, unless the court determines 4 that decreasing the length of the term of parole 5 is in the interest of justice. 6 (3) HEARING.—The court may grant, but not 7 deny, a motion without a hearing under this section. 8 (4) NO 9 (A) IN GENERAL.—Beginning on the date 10 on which a national emergency relating to a 11 communicable disease is declared and ending on 12 the date that is 60 days after such national 13 emergency expires, a court is not required to re- 14 voke a defendant’s probation or supervised re- 15 lease under sections 3565(b) and 3583(g) of 16 title 18, United States Code, based on a finding 17 that the defendant refused to comply with drug 18 treatment. 19 (B) DISSEMINATION OF POLICY 20 CHANGE.—Not 21 date of enactment of this title, the Judicial 22 Conference of the United States shall issue and 23 disseminate to all district courts of the United 24 States a temporary policy change suspending 25 mandatory revocation of probation or super- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 MANDATORY REVOCATION.— 12:13 May 12, 2020 Jkt 000000 later than 10 days after the (763351 3) PO 00000 Frm 01701 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1702 1 vised release for refusal to comply with drug 2 testing. 3 (5) PROMPT motion 4 under this subsection shall be determined promptly. 5 (6) COUNSEL.—To effectuate the purposes of 6 this subsection, counsel shall be appointed as early 7 as possible to represent any indigent defendant. 8 (7) DEFINITIONS.—In this subsection, the term 9 ‘‘defendant’’ includes individuals adjudicated delin- 10 quent under the Federal Juvenile Delinquency Act 11 and applies to persons serving time in official deten- 12 tion for a revocation of juvenile probation or super- 13 vised release. 14 SEC. 191103. COURT AUTHORITY TO REDUCE SENTENCES 15 AND TEMPORARY RELEASE DURING COVID– 16 19 EMERGENCY PERIOD. 17 (a) COURT AUTHORITY 18 (1) IN TO REDUCE SENTENCES.— GENERAL.—Notwithstanding section 19 3582 of title 18, United States Code, the court shall, 20 during the covered emergency period, upon motion 21 of a covered individual (as such term is defined in 22 section 191102(b)) or on the court’s own motion, re- 23 duce a term of imposed imprisonment on that indi- 24 vidual, unless the government shows, by clear and 25 convincing evidence, that the individual poses a risk g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DETERMINATION.—Any 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01702 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1703 1 of serious, imminent injury to a reasonably identifi- 2 able person. 3 (2) SENTENCE 4 IZED.—Any 5 section is deemed to be authorized under section 6 3582(c)(1)(B) of title 18, United States Code. 7 sentence that is reduced under this sub- (3) RULE OF CONSTRUCTION.—In addition to 8 the reduction of sentences authorized under this 9 subsection, the court may continue to reduce and 10 modify sentences under section 3582 of title 18, 11 United States Code, during the covered emergency 12 period. 13 (4) SPECIAL RULE.—During the covered emer- 14 gency period, a covered individual who is serving a 15 term of imprisonment for an offense committed be- 16 fore November 1, 1987, who would not otherwise be 17 eligible to file a motion under section 3582(c)(1)(A) 18 of title 18, United States Code, is eligible to file 19 such a motion and for relief under such section. Any 20 motion for relief filed in accordance with this para- 21 graph before the expiration or termination of the 22 covered emergency period shall not disqualify such 23 motion based solely on such expiration or termi- 24 nation. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REDUCTION DEEMED AUTHOR- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01703 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1704 1 (b) COURT AUTHORITY 2 RELEASE OF AUTHORIZE TEMPORARY PERSONS AWAITING DESIGNATION 3 TRANSPORTATION 4 TO TO A ITY.—Notwithstanding BUREAU OF OR PRISONS FACIL- sections 3582 and 3621 of title 18, 5 United States Code, during the covered emergency period, 6 the court, upon motion of an individual (including individ7 uals adjudicated delinquent under the Federal Juvenile 8 Delinquency Act) awaiting designation or transportation 9 to a Bureau of Prisons or other facility for service of sen10 tence or official detention, or on the court’s own motion, 11 may order the temporary release of the individual, for a 12 limited period ending not later than the expiration or ter13 mination of the COVID–19 emergency, if such release is 14 for the purpose of avoiding or mitigating the risks associ15 ated with imprisonment during the covered emergency pe16 riod, either generally with respect to the individual’s place 17 of imprisonment or specifically with respect to the indi18 vidual. 19 (c) HEARING REQUIREMENT.—The court may grant, 20 but not deny, a motion without a hearing under this sec21 tion. Any motion under this section shall be determined 22 promptly. 23 24 (d) EFFECTIVE REPRESENTATION DURING NATIONAL g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 EMERGENCY.— (763351 3) PO 00000 Frm 01704 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1705 1 (1) ACCESS the covered 2 emergency period, any procedural requirement under 3 section 3582(c)(1)(A) of title 18, United States 4 Code, that would delay a defendant from directly pe- 5 titioning the court shall not apply, and the defend- 6 ant may petition the court directly for relief. 7 (2) APPOINTMENT OF COUNSEL.—The court 8 shall appoint counsel for indigent defendants or pris- 9 oners, at no cost to the defendant or prisoner, as 10 early as possible to effectuate the purposes of this 11 section and the purposes of section 3582(c)(1)(A) of 12 title 18, United States Code. 13 (3) ACCESS 14 (A) IN TO MEDICAL RECORDS.— GENERAL.—In order to expedite 15 proceedings under this section and proceedings 16 under 3582(c)(1)(A) of title 18, United States 17 Code, during the covered emergency period, the 18 Director of the Bureau of Prisons shall prompt- 19 ly release all medical records in the possession 20 of the Bureau of Prisons to a prisoner who re- 21 quests them on their own behalf, or to the 22 counsel of record for a prisoner upon submis- 23 sion to the court of an affidavit, signed by such 24 counsel under penalty of perjury, that such 25 counsel has reason to believe that the prisoner g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO COURT.—During 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01705 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1706 1 has a covered health condition (as such term is 2 defined in section 191102(b)) or a condition 3 that would entitle them to relief under section 4 3582(c)(1)(A) of title 18, United States Code. 5 (B) INDIVIDUALS IN THE CUSTODY OF 6 THE U.S. MARSHALS SERVICE.—In 7 pedite proceedings under this section, in the 8 case of an individual who is in the custody or 9 care of the U.S. Marshals Service, the Director 10 of the U.S. Marshals Service shall facilitate the 11 provision of any medical records of the indi- 12 vidual to the individual or the counsel of record 13 of the individual, upon request of the individual 14 or counsel. order to ex- 15 SEC. 191104. EXEMPTION FROM EXHAUSTING ADMINISTRA- 16 TIVE REMEDIES DURING COVERED EMER- 17 GENCY PERIOD. 18 Section 7 of the Civil Rights of Institutionalized Per- 19 sons Act (42 U.S.C. 1997e) is amended by adding at the 20 end the following: 21 ‘‘(i) COVERED EMERGENCY PERIOD.— 22 ‘‘(1) RELIEF 23 TRATIVE 24 provisions of this section, during the covered emer- 25 gency period, a prisoner may commence, without ex- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 WITHOUT EXHAUSTING ADMINIS- 12:13 May 12, 2020 Jkt 000000 REMEDIES.—Notwithstanding the other (763351 3) PO 00000 Frm 01706 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1707 1 hausting all administrative remedies, an action relat- 2 ing to conditions of imprisonment under which the 3 prisoner is at significant risk of harm or under 4 which the prisoner’s access to counsel has been im- 5 paired. If the court determines the prisoner is rea- 6 sonably likely to prevail, the court may order such 7 appropriate relief, limited in time and scope, as may 8 be necessary to prevent or remedy the significant 9 risk of harm or provide access to counsel. 10 ‘‘(2) RETALIATION PROHIBITED.—Section 6 11 shall apply in the case of retaliation against a pris- 12 oner who files an administrative claim or lawsuit 13 during the covered emergency period or attempts to 14 so file. 15 ‘‘(3) DEFINITIONS.—For purposes of this sub- 16 section, the term ‘covered emergency period’ has the 17 meaning given the term in section 12003 of the 18 CARES Act (Public Law 116–136).’’. 19 SEC. 191105. INCREASING AVAILABILITY OF HOME DETEN- 20 TION FOR ELDERLY OFFENDERS. 21 (a) GOOD CONDUCT TIME CREDITS 22 ELDERLY NONVIOLENT FOR CERTAIN OFFENDERS.—Section 23 231(g)(5)(A)(ii) of the Second Chance Act of 2007 (34 24 U.S.C. 60541(g)(5)(A)(ii)) is amended by striking ‘‘to 25 which the offender was sentenced’’ and inserting ‘‘reduced g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01707 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1708 1 by any credit toward the service of the prisoner’s sentence 2 awarded under section 3624(b) of title 18, United States 3 Code’’. 4 5 (b) INCREASING ELIGIBILITY FOR HOME DETENTION CERTAIN ELDERLY NONVIOLENT OFFENDERS.— FOR 6 During the covered emergency period an offender who is 7 in the custody of the Bureau of Prisons shall be considered 8 an eligible elderly offender under section 231(g) of the 9 Second Chance Act of 2007 (34 U.S.C. 60541(g)) if the 10 offender— 11 (1) is not less than 50 years of age; 12 (2) has served 1/2 of the term of imprisonment 13 reduced by any credit toward the service of the pris- 14 oner’s sentence awarded under section 3624(b) of 15 title 18, United States Code; and 16 (3) is otherwise described in such section 17 18 231(g)(5)(A). SEC. 191106. EFFECTIVE ASSISTANCE OF COUNSEL IN THE 19 20 DIGITAL ERA ACT. (a) PROHIBITION ON MONITORING.—Not later than 21 180 days after the date of the enactment of this title, the 22 Attorney General shall create a program or system, or 23 modify any program or system that exists on the date of 24 enactment of this title, through which an incarcerated per25 son sends or receives an electronic communication, to ex- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01708 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1709 1 clude from monitoring the contents of any privileged elec2 tronic communication. In the case that the Attorney Gen3 eral creates a program or system in accordance with this 4 subsection, the Attorney General shall, upon implementing 5 such system, discontinue using any program or system 6 that exists on the date of enactment of this title through 7 which an incarcerated person sends or receives a privileged 8 electronic communication, except that any program or sys9 tem that exists on such date may continue to be used for 10 any other electronic communication. 11 (b) RETENTION OF CONTENTS.—A program or sys- 12 tem or a modification to a program or system under sub13 section (a) may allow for retention by the Bureau of Pris14 ons of, and access by an incarcerated person to, the con15 tents of electronic communications, including the contents 16 of privileged electronic communications, of the person 17 until the date on which the person is released from prison. 18 (c) ATTORNEY-CLIENT PRIVILEGE.—Attorney-client 19 privilege, and the protections and limitations associated 20 with such privilege (including the crime fraud exception), 21 applies to electronic communications sent or received 22 through the program or system established or modified 23 under subsection (a). 24 (d) ACCESSING RETAINED CONTENTS.—Contents re- 25 tained under subsection (b) may only be accessed by a per- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01709 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1710 1 son other than the incarcerated person for whom such con2 tents are retained under the following circumstances: 3 (1) ATTORNEY Attorney Gen- 4 eral may only access retained contents if necessary 5 for the purpose of creating and maintaining the pro- 6 gram or system, or any modification to the program 7 or system, through which an incarcerated person 8 sends or receives electronic communications. The At- 9 torney General may not review retained contents 10 that are accessed pursuant to this paragraph. 11 12 (2) INVESTIGATIVE AND LAW ENFORCEMENT OFFICERS.— 13 (A) WARRANT.— 14 (i) IN GENERAL.—Retained contents 15 may only be accessed by an investigative or 16 law enforcement officer pursuant to a war- 17 rant issued by a court pursuant to the pro- 18 cedures described in the Federal Rules of 19 Criminal Procedure. 20 (ii) APPROVAL.—No application for a 21 warrant may be made to a court without 22 the express approval of a United States 23 Attorney or an Assistant Attorney General. 24 (B) PRIVILEGED g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 INFORMATION.— (763351 3) PO 00000 Frm 01710 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1711 1 (i) REVIEW.—Before retained con- 2 tents may be accessed pursuant to a war- 3 rant obtained under subparagraph (A), 4 such contents shall be reviewed by a 5 United States Attorney to ensure that 6 privileged electronic communications are 7 not accessible. 8 (ii) PARTICIPATION.—A 9 United States Attorney who reviews re- 10 tained contents pursuant to clause (i) shall 11 be barred from— 12 (I) participating in a legal pro- 13 ceeding in which an individual who 14 sent or received an electronic commu- 15 nication from which such contents are 16 retained under subsection (b) is a de- 17 fendant; or 18 (II) sharing the retained contents 19 with an attorney who is participating 20 in such a legal proceeding. 21 (3) MOTION TO SUPPRESS.—In a case in which 22 retained contents have been accessed in violation of 23 this subsection, a court may suppress evidence ob- 24 tained or derived from access to such contents upon 25 motion of the defendant. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 BARRING 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01711 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1712 1 (e) DEFINITIONS.—In this section— 2 (1) the term ‘‘agent of an attorney or legal rep- 3 resentative’’ means any person employed by or con- 4 tracting with an attorney or legal representative, in- 5 cluding law clerks, interns, investigators, paraprofes- 6 sionals, and administrative staff; 7 (2) the term ‘‘contents’’ has the meaning given 8 such term in 2510 of title 18, United States Code; 9 (3) the term ‘‘electronic communication’’ has 10 the meaning given such term in section 2510 of title 11 18, United States Code, and includes the Trust 12 Fund Limited Inmate Computer System; 13 (4) the term ‘‘monitoring’’ means accessing the 14 contents of an electronic communication at any time 15 after such communication is sent; 16 (5) the term ‘‘incarcerated person’’ means any 17 individual in the custody of the Bureau of Prisons 18 or the United States Marshals Service who has been 19 charged with or convicted of an offense against the 20 United States, including such an individual who is 21 imprisoned in a State institution; and 22 23 (6) the term ‘‘privileged electronic communication’’ means— 24 (A) any electronic communication between 25 an incarcerated person and a potential, current, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01712 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1713 1 or former attorney or legal representative of 2 such a person; and 3 (B) any electronic communication between 4 an incarcerated person and the agent of an at- 5 torney or legal representative described in sub- 6 paragraph (A). 7 SEC. 191107. COVID–19 CORRECTIONAL FACILITY EMER- 8 GENCY RESPONSE ACT OF 2020. 9 Title I of the Omnibus Crime Control and Safe 10 Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended 11 by adding at the end the following: 12 ‘‘PART OO—PANDEMIC CORRECTIONAL FACILITY 13 14 EMERGENCY RESPONSE ‘‘SEC. 3061. FINDINGS; PURPOSES. 15 ‘‘(a) IMMEDIATE RELEASE OF VULNERABLE AND 16 LOW-RISK INDIVIDUALS.—The purpose of the grant pro17 gram under section 3062 is to provide for the testing, ini18 tiation and transfer to treatment in the community, and 19 provision of services in the community, by States and units 20 of local government as they relate to preventing, detecting, 21 and stopping the spread of COVID–19 in correctional fa22 cilities. 23 ‘‘(b) PRETRIAL CITATION AND RELEASE.— 24 ‘‘(1) FINDINGS.—Congress finds as follows: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01713 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1714 1 ‘‘(A) With the dramatic growth in pretrial 2 detention resulting in county and city correc- 3 tional facilities regularly exceeding capacity, 4 such correctional facilities may serve to rapidly 5 increase the spread of COVID–19, as facilities 6 that hold large numbers of individuals in 7 congregant living situations may promote the 8 spread of COVID–19. 9 ‘‘(B) While individuals arrested and proc- 10 essed at local correctional facilities may only be 11 held for hours or days, exposure to large num- 12 ber of individuals in holding cells and court- 13 rooms promotes the spread of COVID–19. 14 ‘‘(C) Pretrial detainees and individuals in 15 correctional facilities are then later released 16 into the community having being exposed to 17 COVID–19. 18 ‘‘(2) PURPOSE.—The purpose of the grant pro- 19 gram under section 3065 is to substantially increase 20 the use of risk-based citation release for all individ- 21 uals who do not present a public safety risk. 22 ‘‘SEC. 3062. IMMEDIATE RELEASE OF VULNERABLE AND 23 24 LOW-RISK INDIVIDUALS. ‘‘(a) AUTHORIZATION.—The Attorney General shall 25 carry out a grant program to make grants to States and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01714 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1715 1 units of local government that operate correctional facili2 ties, to establish and implement policies and procedures 3 to prevent, detect, and stop the presence and spread of 4 COVID–19 among arrestees, detainees, inmates, correc5 tional facility staff, and visitors to the facilities. 6 ‘‘(b) PROGRAM ELIGIBILITY.— 7 ‘‘(1) IN applicants under 8 this section are States and units of local government 9 that release or have a plan to release the persons de- 10 scribed in paragraph (2) from custody in order to 11 ensure that, not later than 90 days after enactment 12 of this section, the total population of arrestees, de- 13 tainees, and inmates at a correctional facility does 14 not exceed the number established under subsection 15 (c). 16 17 ‘‘(2) PERSONS DESCRIBED.—A person de- scribed in this paragraph is a person who— 18 ‘‘(A) does not pose a risk of serious, immi- 19 nent injury to a reasonably identifiable person; 20 or 21 ‘‘(B) is— 22 ‘‘(i) 50 years of age or older; 23 ‘‘(ii) a juvenile; 24 ‘‘(iii) an individual with serious chron- 25 ic medical conditions, including heart dis- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Eligible 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01715 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1716 1 ease, cancer, diabetes, HIV, sickle cell ane- 2 mia, a neurological disease that interferes 3 with the ability to cough or breathe, chron- 4 ic lung disease, asthma, or respiratory ill- 5 ness; 6 ‘‘(iv) a pregnant woman; 7 ‘‘(v) individual who is 8 immunocompromised or has a weakened 9 immune system; or 10 ‘‘(vi) an individual who has a health 11 condition or disability that makes them 12 vulnerable to COVID–19. 13 ‘‘(c) TARGET CORRECTIONAL POPULATION.— 14 ‘‘(1) TARGET POPULATION.—An eligible appli- 15 cant shall establish individualized, facility-specific 16 target capacities at each correction facility that will 17 receive funds under this section that reflect the max- 18 imum number of individuals who may be incarcer- 19 ated safely in accordance with the Centers for Dis- 20 ease Control and Prevention guidelines for correc- 21 tional facilities pertaining to COVID–19, with con- 22 sideration given to Centers for Disease Control and 23 Prevention guidelines pertaining to community-based 24 physical distancing, hygiene, and sanitation. A cor- 25 rectional facility receiving funds under this section g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 an 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01716 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1717 1 may not use isolation in a punitive or non-medical 2 manner as a way of achieving specific target capac- 3 ities established under this paragraph. 4 ‘‘(2) CERTIFICATION.—An eligible applicant 5 shall include in its application for a grant under this 6 section a certification by a public health professional 7 who is certified in epidemiology or infectious dis- 8 eases that each correctional facility that will receive 9 funds under this section in its jurisdiction meets the 10 appropriate target capacity standard established 11 under paragraph (1). 12 ‘‘(d) AUTHORIZED USES.—Funds awarded pursuant 13 to this section shall be used by grantees (including acting 14 through nonprofit entities) to— 15 ‘‘(1) test all arrestees, detainees, and inmates, 16 and initiate treatment for COVID–19, and transfer 17 such an individual for an appropriate treatment at 18 external medical facility, as needed; 19 ‘‘(2) test for COVID–19— 20 ‘‘(A) correctional facility staff; 21 ‘‘(B) volunteers; 22 ‘‘(C) visitors, including family members 23 and attorneys; 24 ‘‘(D) court personnel that have regular 25 contact with arrestees, detainees, and inmates; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01717 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1718 1 ‘‘(E) law enforcement officers who trans- 2 port arrestees, detainees, and inmates; and 3 ‘‘(F) personnel outside the correctional fa- 4 cility 5 arrestees, detainees, and inmates; 6 ‘‘(3) curtail booking and in-facility processing 7 for individuals who have committed technical parole 8 or probation violations; and provide medical treatment to 9 ‘‘(4) provide transition and reentry support 10 services to individuals released pursuant to this sec- 11 tion, including programs that— 12 ‘‘(A) increase access to and participation 13 in reentry services; 14 ‘‘(B) promote a reduction in recidivism 15 rates; 16 ‘‘(C) facilitate engagement in educational 17 programs, job training, or employment; 18 ‘‘(D) place reentering individuals in safe 19 and sanitary temporary transitional housing; 20 ‘‘(E) facilitate the enrollment of reentering 21 individuals with a history of substance use dis- 22 order in medication-assisted treatment and a 23 referral to overdose prevention services, mental 24 health services, or other medical services; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 who 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01718 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1719 1 ‘‘(F) facilitate family reunification or sup- 2 port services, as needed. 3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 4 is authorized to be appropriated $500,000,000 to carry 5 out this section and section 3065 for each of fiscal years 6 2020 and 2021. 7 ‘‘SEC. 3063. JUVENILE SPECIFIC SERVICES. 8 ‘‘(a) IN GENERAL.—The Attorney General, acting 9 through the Administrator of the Office Juvenile Justice 10 and Delinquency Prevention, consistent with section 261 11 of the Juvenile Justice and Delinquency Prevention Act 12 of 1974 (34 U.S.C. 11171), is authorized to make grants 13 to States and units of local government or combinations 14 thereof to assist them in planning, establishing, operating, 15 coordinating, and evaluating projects directly, or through 16 grants and contracts with public and private agencies and 17 nonprofit entities (as such term is defined under section 18 408(5)(A) of the Juvenile Justice and Delinquency Pre19 vention Act of 1974 (34 U.S.C. 11296(5)(A))), for the de20 velopment of more effective education, training, research, 21 prevention, diversion, treatment, and rehabilitation pro22 grams in the area of juvenile delinquency and programs 23 to improve the juvenile justice system, consistent with sub24 section (b). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01719 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1720 1 ‘‘(b) USE OF GRANT FUNDS.—Grants under this sec- 2 tion shall be used for the exclusive purpose of providing 3 juvenile specific services that— 4 ‘‘(1) provide rapid mass testing for COVID–19 5 in juvenile facilities, notification of the results of 6 such tests to juveniles and authorized family mem- 7 bers or legal guardians, and include policies and pro- 8 cedures for non-punitive quarantine that does not in- 9 volve solitary confinement, and provide for examina- 10 tion by a doctor for any juvenile who tests positive 11 for COVID–19; 12 ‘‘(2) examine all pre- and post-adjudication re- 13 lease processes and mechanisms applicable to juve- 14 niles and begin employing these as quickly as pos- 15 sible; 16 ‘‘(3) provide juveniles in out of home place- 17 ments with continued access to appropriate edu- 18 cation; 19 20 ‘‘(4) provide juveniles with access to legal counsel through confidential visits or teleconferencing; 21 ‘‘(5) provide staff and juveniles with appro- 22 priate personal protective equipment, hand washing 23 facilities, toiletries, and medical care to reduce the 24 spread of the virus; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01720 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1721 1 ‘‘(6) provide juveniles with frequent and no cost 2 calls home to parents, legal guardians, and other 3 family members; 4 ‘‘(7) advance policies and procedures for juve- 5 nile delinquency program proceedings (including 6 court proceedings) and probation conditions so that 7 in-person reporting requirements for juveniles are 8 replaced with virtual or telephonic appearances with- 9 out penalty; 10 ‘‘(8) expand opportunities for juveniles to par- 11 ticipate in community based services and social serv- 12 ices through videoconferencing or teleconferencing; 13 or 14 ‘‘(9) place a moratorium on all requirements for 15 juveniles to attend and pay for court and probation- 16 ordered programs, community service, and labor, 17 that violate any applicable social distancing or stay 18 at home order. 19 Each element described in paragraph (1) through (9) shall 20 be trauma-informed, reflect the science of adolescent de21 velopment, and be designed to meet the needs of at-risk 22 juveniles and juveniles who come into contact with the jus23 tice system. 24 ‘‘(c) DEFINITIONS.—Terms used in this section have 25 the meanings given such terms in the Juvenile Justice and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01721 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1722 1 Delinquency Prevention Act of 1974. The term ‘juvenile’ 2 has the meaning given such term in section 1809 of this 3 Act. 4 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 5 is authorized to be appropriated to carry out this section 6 $75,000,000 for each of fiscal years 2020 and 2021. 7 ‘‘SEC. 3064. RAPID COVID–19 TESTING. 8 ‘‘(a) IN GENERAL.—The Attorney General shall 9 make grants to grantees under section 3062 for the exclu10 sive purpose of providing for rapid COVID–19 testing of 11 arrestees, detainees, and inmates who are exiting the cus12 tody of a correctional facility prior to returning to the 13 community. 14 ‘‘(b) USE OF FUNDS.—Grants provided under this 15 section may be used for any of the following: 16 ‘‘(1) Purchasing or leasing medical devices au- 17 thorized by the U.S. Food and Drug Administration 18 to detect COVID–19 that produce results in less 19 than one hour. 20 ‘‘(2) Purchasing or securing COVID–19 testing 21 supplies and personal protective equipment used by 22 the correctional facility to perform such tests. 23 24 ‘‘(3) Contracting with medical providers to administer such tests. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01722 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1723 1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 2 is authorized to be appropriated to carry out this section 3 $25,000,000 for each of fiscal years 2020 and 2021. 4 ‘‘SEC. 3065. PRETRIAL CITATION AND RELEASE. 5 ‘‘(a) AUTHORIZATION.—The Attorney General shall 6 make grants under this section to eligible applicants for 7 the purposes set forth in section 3061(b)(2). 8 ‘‘(b) PROGRAM ELIGIBILITY.—Eligible applicants 9 under this section are States and units of local government 10 that implement or continue operation of a program de11 scribed in subsection (c)(1) and not fewer than 2 of the 12 other programs enumerated in such subsection. 13 ‘‘(c) USE OF GRANT FUNDS.—A grantee shall use 14 amounts provided as a grant under this section for pro15 grams that provide for the following: 16 ‘‘(1) Adopting and operating a cite-and-release 17 process for individuals who are suspected of commit- 18 ting misdemeanor and felony offenses and who do 19 not pose a risk of serious, imminent injury to a rea- 20 sonably identifiable person. 21 ‘‘(2) Curtailing booking and in-facility proc- 22 essing for individuals who have committed technical 23 parole or probation violations. 24 ‘‘(3) Ensuring that defense counsel is appointed 25 at the earliest hearing that could result in pretrial g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01723 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1724 1 detention so that low-risk defendants are not unnec- 2 essarily further exposed to COVID–19. 3 ‘‘(4) Establishing early review of charges by an 4 experienced prosecutor, so only arrestees and detain- 5 ees who will be charged are detained. 6 ‘‘(5) Providing appropriate victims’ services 7 supports and safety-focused residential accommoda- 8 tions for victims and community members who have 9 questions or concerns about releases described in 10 11 this subsection. ‘‘SEC. 3066. REPORT. 12 ‘‘(a) IN GENERAL.—Not later than 6 months after 13 the date on which grants are initially made under this 14 part, and biannually thereafter during the grant period, 15 the Attorney General shall submit to Congress a report 16 on the program, which shall include— 17 ‘‘(1) the number of grants made, the number of 18 grantees, and the amount of funding distributed to 19 each grantee pursuant to this part; 20 ‘‘(2) the location of each correctional facility 21 where activities are carried out using grant amounts; 22 ‘‘(3) the number of persons in the custody of 23 correctional facilities where activities are carried out 24 using grant amounts, including incarcerated persons 25 released on parole, community supervision, good g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01724 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1725 1 time or early release, clemency or commutation, as 2 a result of the national emergency under the Na- 3 tional Emergencies Act (50 U.S.C. 1601 et seq.) de- 4 clared by the President with respect to the 5 Coronavirus 6 disaggregated by type of offense, age, race, sex, and 7 ethnicity; and 8 9 2019 (‘COVID–19’), ‘‘(4) for each facility receiving funds under section 3062— 10 ‘‘(A) the total number of tests for COVID– 11 19 performed; 12 ‘‘(B) the results of such COVID–19 tests 13 (confirmed positive or negative); 14 ‘‘(C) 15 the total number of probable COVID–19 infections; 16 ‘‘(D) the total number of COVID–19-re- 17 lated hospitalizations, the total number of in- 18 tensive care unit admissions, and the duration 19 of each such hospitalization; 20 ‘‘(E) recoveries from COVID–19; and 21 ‘‘(F) COVID–19 deaths, 22 disaggregated by race, ethnicity, age, disability, sex, 23 pregnancy status, and whether the individual is a 24 staff member of or incarcerated at the facility. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 Disease 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01725 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1726 1 ‘‘(b) PRIVACY.—Data reported under this section 2 shall be reported in accordance with applicable privacy 3 laws and regulations. 4 ‘‘SEC. 3067. NO MATCHING REQUIRED. 5 ‘‘The Attorney General shall not require grantees to 6 provide any matching funds with respect to the use of 7 funds under this part. 8 ‘‘SEC. 3068. DEFINITION. 9 ‘‘For purposes of this part: 10 ‘‘(1) CORRECTIONAL 11 FACILITY.—The term ‘cor- rectional facility’ includes a juvenile facility. 12 ‘‘(2) COVERED EMERGENCY PERIOD.—The term 13 ‘covered emergency period’ has the meaning given 14 the term in section 12003 of the CARES Act (Pub- 15 lic Law 116–136). 16 ‘‘(3) COVID–19.—The term ‘COVID–19’ 17 means a disease caused by severe acute respiratory 18 syndrome coronavirus 2 (SARS–CoV–2). 19 ‘‘(4) DETAINEE; ARRESTEE; INMATE.—The 20 terms ‘detainee’, ‘arrestee’, and ‘inmate’ each in- 21 clude juveniles.’’. 22 SEC. 191108. MORATORIUM ON FEES AND FINES. 23 (a) IN GENERAL.—During the covered emergency pe- 24 riod, and for fiscal years 2020, 2021, and 2022, the Attor25 ney General is authorized make grants to State and local g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01726 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1727 1 courts that comply with the requirement under subsection 2 (b) to ensure that such recipients are able to continue op3 erations. 4 5 (b) REQUIREMENT POSITION AND IMPOSE MORATORIUM TO COLLECTION OF FEES AND ON IM- FINES.—To be 6 eligible for a grant under this section, a court shall imple7 ment a moratorium on the imposition and collection (in8 cluding by a unit of local government or a State) of fees 9 and fines imposed by that court— 10 11 (1) not later than 120 day after the date of the enactment of this section; 12 13 (2) retroactive to a period beginning 30 days prior the covered emergency period; and 14 (3) continuing for an additional 90 days after 15 the date the covered emergency period terminates. 16 (c) GRANT AMOUNT.—In making grants under this 17 section, the Attorney General shall— 18 (1) give preference to applicants that implement 19 a moratorium on the imposition and collection of 20 fines and fees related to juvenile delinquency pro- 21 ceedings for each of fiscal years 2020 through 2022; 22 and 23 (2) make such grants in amounts that are pro- 24 portionate to the number of individuals in the juris- 25 diction of the court. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01727 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1728 1 (d) USE OF FUNDS.—Funds made available under 2 this section may be used to ensure that the recipient is 3 able to continue court operations during the covered emer4 gency period. 5 (e) NO MATCHING REQUIREMENT.—There is no 6 matching requirement for grants under this section. 7 (f) DEFINITIONS.—In this section: 8 (1) The term ‘‘fees’’— 9 (A) means monetary fees that are imposed 10 for the costs of fine surcharges or court admin- 11 istrative fees; and 12 (B) includes additional late fees, payment- 13 plan fees, interest added if an individual is un- 14 able to pay a fine in its entirety, collection fees, 15 and any additional amounts that do not include 16 the fine. 17 (2) The term ‘‘fines’’ means monetary fines im- 18 posed as punishment. 19 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 20 authorized to be appropriated to carry out this section 21 $150,000,000 for each of fiscal years 2020 through 2022. 22 SEC. 191109. DEFINITION. 23 In this title, the term ‘‘covered emergency period’’ 24 has the meaning given the term in section 12003 of the 25 CARES Act (Public Law 116–136). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01728 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1729 1 SEC. 191110. SEVERABILITY. 2 If any provision of this title or any amendment made 3 by this title, or the application of a provision or amend4 ment to any person or circumstance, is held to be invalid, 5 the remainder of this title and the amendments made by 6 this title, and the application of the provisions and amend7 ments to any other person not similarly situated or to 8 other circumstances, shall not be affected by the holding. 10 TITLE XII—IMMIGRATION MATTERS 11 SEC. 191201. EXTENSION OF FILING AND OTHER DEAD- 9 12 LINES. 13 14 (a) NEW DEADLINES OF EXTENSION OR CHANGE STATUS OR OTHER BENEFITS.— 15 (1) FILING DELAYS.—In the case of an alien 16 who was lawfully present in the United States on 17 January 26, 2020, the alien’s application for an ex- 18 tension or change of nonimmigrant status, applica- 19 tion for renewal of employment authorization, or any 20 other application for extension or renewal of a pe- 21 riod of authorized stay, shall be considered timely 22 filed if the due date of the application is within the 23 period described in subsection (d) and the applica- 24 tion is filed not later than 60 days after it otherwise 25 would have been due. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01729 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1730 1 (2) DEPARTURE the case of an 2 alien who was lawfully present in the United States 3 on January 26, 2020, the alien shall not be consid- 4 ered to be unlawfully present in the United States 5 during the period described in subsection (d). 6 (3) SPECIFIC 7 (A) IN AUTHORITY.— GENERAL.—With respect to any 8 alien whose immigration status, employment 9 authorization, or other authorized period of stay 10 has expired or will expire during the period de- 11 scribed in subsection (d), during the one-year 12 period beginning on the date of the enactment 13 of this title, or during both such periods, the 14 Secretary of Homeland Security shall automati- 15 cally extend such status, authorization, or pe- 16 riod of stay until the date that is 90 days after 17 the last day of whichever of such periods ends 18 later. 19 (B) EXCEPTION.—If the status, authoriza- 20 tion, or period of stay referred to in subpara- 21 graph (A) is based on a grant of deferred ac- 22 tion, or a grant of temporary protected status 23 under section 244 of the Immigration and Na- 24 tionality Act (8 U.S.C. 1254a), the extension 25 under such subparagraph shall be for a period g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DELAYS.—In 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01730 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1731 1 not less than the period for which deferred ac- 2 tion or temporary protected status originally 3 was granted by the Secretary of Homeland Se- 4 curity. 5 (b) IMMIGRANT VISAS.— 6 (1) EXTENSION 7 withstanding the limitations under section 221(c) of 8 the Immigration and Nationality Act (8 U.S.C. 9 1201(c)), in the case of any immigrant visa issued 10 to an alien that expires or expired during the period 11 described in subsection (d), the period of validity of 12 the visa is extended until the date that is 90 days 13 after the end of such period. 14 (2) ROLLOVER 15 (A) IN OF UNUSED VISAS.— GENERAL.—For fiscal years 2021 16 and 2022, the worldwide level of family-spon- 17 sored immigrants under subsection (c) of sec- 18 tion 201 of the Immigration and Nationality 19 Act (8 U.S.C. 1151), the worldwide level of em- 20 ployment-based immigrants under subsection 21 (d) of such section, and the worldwide level of 22 diversity immigrants under subsection (e) of 23 such section shall each be increased by the 24 number computed under subparagraph (B) with 25 respect to each of such worldwide levels. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF VISA EXPIRATION.—Not- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01731 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1732 1 (B) COMPUTATION INCREASE.—For 2 each of the worldwide levels described in sub- 3 paragraph (A), the number computed under 4 this subparagraph is the difference (if any) be- 5 tween the worldwide level established for the 6 previous fiscal year under the applicable sub- 7 section of section 201 of the Immigration and 8 Nationality Act (8 U.S.C. 1151) and the num- 9 ber of visas that were, during the previous fiscal 10 year, issued and used as the basis for an appli- 11 cation for admission into the United States as 12 an immigrant described in the applicable sub- 13 section. 14 (C) CLARIFICATIONS.— 15 (i) ALLOCATION AMONG PREFERENCE 16 CATEGORIES.—The 17 available for fiscal years 2021 and 2022 as 18 a result of the computations made under 19 subparagraphs (A) and (B) shall be pro- 20 portionally allocated as set forth in sub- 21 sections (a), (b), and (c) of section 203 of 22 the Immigration and Nationality Act (8 23 U.S.C. 1153). 24 OF FALL ACROSS.— For fiscal years 2021 and 2022, the num- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 additional visas made (ii) ELIMINATION 25 VerDate Mar 15 2010 OF Jkt 000000 (763351 3) PO 00000 Frm 01732 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1733 1 ber computed under subsection (c)(3)(C) of 2 section 201 of the Immigration and Na- 3 tionality Act (8 U.S.C. 1151), and the 4 number 5 (d)(2)(C) of such section, are deemed to 6 equal zero. 7 computed under subsection (c) VOLUNTARY DEPARTURE.—Notwithstanding sec- 8 tion 240B of the Immigration and Nationality Act (8 9 U.S.C. 1229c), if a period for voluntary departure under 10 such section expires or expired during the period described 11 in subsection (d), such voluntary departure period is ex12 tended until the date that is 90 days after the end of such 13 period. 14 (d) PERIOD DESCRIBED.—The period described in 15 this subsection— 16 (1) begins on the first day of the public health 17 emergency declared by the Secretary of Health and 18 Human Services under section 319 of the Public 19 Health Service Act (42 U.S.C. 247d) with respect to 20 COVID–19; and 21 22 (2) ends 90 days after the date on which such public health emergency terminates. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01733 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1734 1 SEC. 191202. TEMPORARY ACCOMMODATIONS FOR NATU- 2 RALIZATION 3 PUBLIC HEALTH EMERGENCY. 4 OATH CEREMONIES DUE TO (a) REMOTE OATH CEREMONIES.—Not later than 30 5 days after the date of the enactment of this title, the Sec6 retary of Homeland Security shall establish procedures for 7 the administration of the oath of renunciation and alle8 giance under section 337 of the Immigration and Nation9 ality Act (8 U.S.C. 1448) using remote videoconferencing, 10 or other remote means for individuals who cannot reason11 ably access remote videoconferencing, as an alternative to 12 an in-person oath ceremony. 13 (b) ELIGIBLE INDIVIDUALS.—Notwithstanding sec- 14 tion 310(b) of the Immigration and Nationality Act (8 15 U.S.C. 1421(b)), an individual may complete the natu16 ralization process by participating in a remote oath cere17 mony conducted pursuant to subsection (a) if such indi18 vidual— 19 20 (1) has an approved application for naturalization; 21 (2) is unable otherwise to complete the natu- 22 ralization process due to the cancellation or suspen- 23 sion of in-person oath ceremonies during the public 24 health emergency declared by the Secretary of 25 Health and Human Services under section 319 of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01734 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1735 1 the Public Health Service Act (42 U.S.C. 247d) with 2 respect to COVID–19; and 3 (3) elects to participate in a remote oath cere- 4 mony in lieu of waiting for in-person ceremonies to 5 resume. 6 (c) ADDITIONAL REQUIREMENTS.—Upon estab- 7 lishing the procedures described in subsection (a), the Sec8 retary of Homeland Security shall— 9 (1) without undue delay, provide written notice 10 to individuals described in subsection (b)(1) of the 11 option of participating in a remote oath ceremony in 12 lieu of a participating in an in-person ceremony; 13 (2) to the greatest extent practicable, ensure 14 that remote oath ceremonies are administered to in- 15 dividuals who elect to participate in such a ceremony 16 not later than 30 days after the individual so noti- 17 fies the Secretary; and 18 (3) administer oath ceremonies to all other eli- 19 gible individuals as expeditiously as possible after 20 the end of the public health emergency referred to 21 in subsection (b)(2). 22 (d) AVAILABILITY OF REMOTE OPTION.—The Sec- 23 retary of Homeland Security shall begin administering re24 mote oath ceremonies on the date that is 60 days after 25 the date of the enactment of this title and shall continue g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01735 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1736 1 administering such ceremonies until a date that is not ear2 lier than 90 days after the end of the public health emer3 gency referred to in subsection (b)(2). 4 (e) CLARIFICATION.—Failure to appear for a remote 5 oath ceremony shall not create a presumption that the in6 dividual has abandoned his or her intent to be naturalized. 7 (f) REPORT TO CONGRESS.—Not later than 180 days 8 after the end of the public health emergency referred to 9 in subsection (b)(2), the Secretary of Homeland Security 10 shall submit a report to Congress that identifies, for each 11 State and political subdivision of a State, the number of— 12 (1) individuals who were scheduled for an in- 13 person oath ceremony that was cancelled due to such 14 public health emergency; 15 (2) individuals who were provided written notice 16 pursuant to subsection (c)(1) of the option of par- 17 ticipating in a remote oath ceremony; 18 (3) individuals who elected to participate in a 19 remote oath ceremony in lieu of an in-person public 20 ceremony; 21 (4) individuals who completed the naturaliza- 22 tion process by participating in a remote oath cere- 23 mony; and 24 25 (5) remote oath ceremonies that were conducted within the period described in subsection (d). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01736 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1737 1 SEC. 191203. TEMPORARY PROTECTIONS FOR ESSENTIAL 2 CRITICAL INFRASTRUCTURE WORKERS. 3 4 (a) PROTECTIONS STRUCTURE FOR ESSENTIAL CRITICAL INFRA- WORKERS.—During the period described in 5 subsection (e), an alien described in subsection (d) shall 6 be deemed to be in a period of deferred action and author7 ized for employment for purposes of section 274A of the 8 Immigration and Nationality Act (8 U.S.C. 1324a). 9 (b) EMPLOYER PROTECTIONS.—During the period 10 described in subsection (e), the hiring, employment, or 11 continued employment of an alien described in subsection 12 (d) is not a violation of section 274A(a) of the Immigra13 tion and Nationality Act (8 U.S.C. 1324a(a)). 14 (c) CLARIFICATION.—Nothing in this section shall be 15 deemed to require an alien described in subsection (d), or 16 such alien’s employer— 17 (1) to submit an application for employment 18 authorization or deferred action, or register with, or 19 pay a fee to, the Secretary of Homeland Security or 20 the head of any other Federal agency; or 21 (2) to appear before an agent of the Depart- 22 ment of Homeland Security or any other Federal 23 agency for an interview, examination, or any other 24 purpose. 25 (d) ALIENS DESCRIBED.—An alien is described in 26 this subsection if the alien— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01737 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1738 1 (1) on the date of the enactment of this title— 2 (A) is physically present in the United 3 States; and 4 (B) is inadmissible to, or deportable from, 5 the United States; and 6 (2) engaged in essential critical infrastructure 7 labor or services in the United States prior to the 8 period described in subsection (e) and continues to 9 engage in such labor or services during such period. 10 (e) PERIOD DESCRIBED.—The period described in 11 this subsection— 12 (1) begins on the first day of the public health 13 emergency declared by the Secretary of Health and 14 Human Services under section 319 of the Public 15 Health Service Act (42 U.S.C. 247d) with respect to 16 COVID–19; and 17 (2) ends 90 days after the date on which such 18 public health emergency terminates. 19 (f) ESSENTIAL CRITICAL INFRASTRUCTURE LABOR 20 OR SERVICES.—For purposes of this section, the term ‘‘es- 21 sential critical infrastructure labor or services’’ means 22 labor or services performed in an essential critical infra23 structure sector, as described in the ‘‘Advisory Memo24 randum on Identification of Essential Critical Infrastruc- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01738 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1739 1 ture Workers During COVID–19 Response’’, revised by 2 the Department of Homeland Security on April 17, 2020. 3 SEC. 191204. 4 (a) EXPEDITED GREEN CARDS CIANS IN THE 7 COVID RESPONSE FOR CERTAIN PHYSI- UNITED STATES.— (1) IN GENERAL.—During the period described 8 in paragraph (3), an alien described in paragraph 9 (2) may apply to acquire the status of an alien law- 10 fully admitted to the United States for permanent 11 residence consistent with section 201(b)(1) of the 12 Immigration 13 1151(b)(1)). 14 and (2) ALIEN Nationality DESCRIBED.—An Act (8 U.S.C. alien described in 15 this paragraph is an alien physician (and the spouse 16 and children of such alien) who— 17 (A) has an approved immigrant visa peti- 18 tion under section 203(b)(2)(B)(ii) of the Immi- 19 gration 20 1153(b)(2)(B)(ii)) and has completed the serv- 21 ice requirements for a waiver under such sec- 22 tion on or before the date of the enactment of 23 this title; and and Nationality Act (8 U.S.C. 24 (B) provides a statement to the Secretary 25 of Homeland Security attesting that the alien is g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 THE WORKFORCE. 5 6 SUPPLEMENTING 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01739 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1740 1 engaged in or will engage in the practice of 2 medicine or medical research involving the diag- 3 nosis, treatment, or prevention of COVID–19. 4 (3) PERIOD period described 5 in this paragraph is the period beginning on the date 6 of the enactment of this title and ending 180 days 7 after the termination of the public health emergency 8 declared by the Secretary of Health and Human 9 Services under section 319 of the Public Health 10 Service Act (42 U.S.C. 247d), with respect to 11 COVID–19. 12 (b) EXPEDITED PROCESSING OF NONIMMIGRANT PE- 13 TITIONS AND 14 APPLICATIONS.— (1) IN GENERAL.—In accordance with the pro- 15 cedures described in paragraph (2), the Secretary of 16 Homeland Security shall expedite the processing of 17 applications and petitions seeking employment or 18 classification of an alien as a nonimmigrant to prac- 19 tice medicine, provide healthcare, engage in medical 20 research, or participate in a graduate medical edu- 21 cation or training program involving the diagnosis, 22 treatment, or prevention of COVID–19. 23 24 (2) APPLICATIONS 12:13 May 12, 2020 OR PETITIONS FOR NEW EM- PLOYMENT OR CHANGE OF STATUS.— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DESCRIBED.—The Jkt 000000 (763351 3) PO 00000 Frm 01740 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1741 1 (A) INITIAL later than 15 2 days after the Secretary of Homeland Security 3 receives an application or petition for new em- 4 ployment or change of status described in para- 5 graph (1), the Secretary shall conduct an initial 6 review of such application or petition and, if ad- 7 ditional evidence is required, shall issue a re- 8 quest for evidence. 9 (B) DECISION.— 10 (i) IN GENERAL.—The Secretary of 11 Homeland Security shall issue a final deci- 12 sion on an application or petition described 13 in paragraph (1) not later than 30 days 14 after receipt of such application or peti- 15 tion, or, if a request for evidence is issued, 16 not later than 15 days after the Secretary 17 receives the applicant or petitioner’s re- 18 sponse to such request. 19 (ii) E-MAIL.—In addition to delivery 20 through regular mail services, decisions de- 21 scribed in clause (i) shall be transmitted to 22 the applicant or petitioner via electronic 23 mail, if the applicant or petitioner provides 24 the Secretary of Homeland Security with 25 an electronic mail address. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 REVIEW.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01741 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1742 1 (3) TERMINATION.—This subsection shall take 2 effect on the date of the enactment of this title and 3 shall cease to be effective on the date that is 180 4 days after the termination of the public health emer- 5 gency declared by the Secretary of Health and 6 Human Services under section 319 of the Public 7 Health Service Act (42 U.S.C. 247d), with respect 8 to COVID–19. 9 (c) EMERGENCY VISA PROCESSING.— 10 (1) VISA 11 (A) IN GENERAL.—The Secretary of State 12 shall prioritize the processing of applications 13 submitted by aliens who are seeking a visa 14 based on an approved nonimmigrant petition to 15 practice medicine, provide healthcare, engage in 16 medical research, or participate in a graduate 17 medical education or training program involving 18 the diagnosis, treatment, or prevention of 19 COVID–19. 20 (B) INTERVIEW.— 21 (i) IN GENERAL.—The Secretary of 22 State shall ensure that visa appointments 23 are scheduled for aliens described in sub- 24 paragraph (A) not later than 7 business g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PROCESSING.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01742 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1743 1 days after the alien requests such an ap- 2 pointment. 3 (ii) SUSPENSION 4 SERVICES.—If 5 available in the alien’s home country— 6 routine visa services are un- (I) the U.S. embassy or consulate 7 in the alien’s home country shall— 8 (aa) conduct the visa inter- 9 view with the alien via video-tele- 10 conferencing technology; or 11 (bb) grant an emergency 12 visa appointment to the alien not 13 later than 10 business days after 14 the alien requests such an ap- 15 pointment; or 16 (II) the alien may seek a visa ap- 17 pointment at any other U.S. embassy 18 or consulate where routine visa serv- 19 ices are available, and such embassy 20 or consulate shall make every reason- 21 able effort to provide the alien with an 22 appointment within 10 business days 23 after the alien requests such an ap- 24 pointment. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF ROUTINE VISA 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01743 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1744 1 (2) INTERVIEW as provided 2 in section 222(h)(2) of the Immigration and Nation- 3 ality Act (8 U.S.C. 1202(h)(2)), the Secretary of 4 State shall waive the interview of any alien seeking 5 a nonimmigrant visa based on an approved petition 6 described in paragraph (1)(A), if— 7 (A) such alien is applying for a visa— 8 (i) not more than 3 years after the 9 date on which such alien’s prior visa ex- 10 pired; 11 (ii) in the visa classification for which 12 such prior visa was issued; and 13 (iii) at a consular post located in the 14 alien’s country of residence or, if otherwise 15 required by regulation, country of nation- 16 ality; and 17 (B) the consular officer has no indication 18 that such alien has failed to comply with the 19 immigration laws and regulations of the United 20 States. 21 (3) TERMINATION.—This subsection shall take 22 effect on the date of the enactment of this title and 23 shall cease to be effective on the date that is 180 24 days after the termination of the public health emer- 25 gency declared by the Secretary of Health and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 WAIVERS.—Except 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01744 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1745 1 Human Services under section 319 of the Public 2 Health Service Act (42 U.S.C. 274d), with respect 3 to COVID–19. 4 (d) IMPROVING MOBILITY OF NONIMMIGRANT 5 COVID–19 WORKERS.— 6 (1) section 7 212(j)(2) of the Immigration and Nationality Act (8 8 U.S.C. 1182(j)(2)), for the period described in para- 9 graph (6), the Secretary of Homeland Security may 10 approve a petition for classification as a non- 11 immigrant 12 101(a)(15)(H)(i)(b) of such Act, filed on behalf of a 13 physician for purposes of performing direct patient 14 care if such physician possesses a license or other 15 authorization required by the State of intended em- 16 ployment to practice medicine, or is eligible for a 17 waiver of such requirement pursuant to an executive 18 order, emergency rule, or other action taken by the 19 State to modify or suspend regular licensing require- 20 ments in response to the COVID–19 public health 21 emergency. 22 described (2) TEMPORARY 23 1B PETITIONS.— 24 (A) IN 25 12:13 May 12, 2020 under section LIMITATIONS ON AMENDED H– GENERAL.—Notwithstanding any other provision of law, the Secretary of Home- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 LICENSURE.—Notwithstanding Jkt 000000 (763351 3) PO 00000 Frm 01745 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1746 1 land Security shall not require an employer of 2 a nonimmigrant alien described in section 3 101(a)(15)(H)(i)(b) of the Immigration and 4 Nationality 5 1101(a)(15)(H)(i)(b)) to file an amended or 6 new petition under section 214(a) of such Act 7 (8 U.S.C. 1184(a)) if upon transferring such 8 alien to a new area of employment, the alien 9 will practice medicine, provide healthcare, or 10 engage in medical research involving the diag- 11 nosis, treatment, or prevention of COVID–19. 12 (8 (B) CLARIFICATION U.S.C. ON TELEMEDICINE.— 13 Nothing in the Immigration and Nationality 14 Act or any other provision of law shall be con- 15 strued to require an employer of a non- 16 immigrant 17 101(a)(15)(H)(i)(b) of the Immigration and 18 Nationality 19 1101(a)(15)(H)(i)(b)) to file an amended or 20 new petition under section 214(a) of such Act 21 (8 U.S.C. 1184(a)) if the alien is a physician or 22 other healthcare worker who will provide remote 23 patient care through the use of real-time audio- 24 video communication tools to consult with pa- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 Act 12:13 May 12, 2020 Jkt 000000 alien described Act (8 in section U.S.C. (763351 3) PO 00000 Frm 01746 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1747 1 tients and other technologies to collect, analyze, 2 and transmit medical data and images. 3 (3) PERMISSIBLE 4 PHYSICIANS.— 5 (A) IN GENERAL.—Notwithstanding any 6 other provision of law, the diagnosis, treatment, 7 or prevention of COVID–19 shall be considered 8 an integral part of a graduate medical edu- 9 cation or training program and a nonimmigrant 10 described in section 101(a)(15)(J) of the Immi- 11 gration 12 1101(a)(15)(J)) who is participating in such a 13 program— and Nationality Act (8 U.S.C. 14 (i) may be redeployed to a new rota- 15 tion within the host training institution as 16 needed to engage in COVID–19 work; and 17 (ii) may receive compensation for such 18 work. 19 (B) OTHER PERMISSIBLE EMPLOYMENT 20 ACTIVITIES.—A 21 tion 101(a)(15)(J) of the Immigration and Na- 22 tionality Act (8 U.S.C. 1101(a)(15)(J)) who is 23 participating in a graduate medical education 24 or training program may engage in work out- 25 side the scope of the approved program, if— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 WORK ACTIVITIES FOR J–1 12:13 May 12, 2020 Jkt 000000 nonimmigrant described in sec- (763351 3) PO 00000 Frm 01747 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1748 1 (i) the work involves the diagnosis, 2 treatment, or prevention of COVID–19; 3 (ii) the alien has maintained lawful 4 nonimmigrant status and has otherwise 5 complied with the terms of the education 6 or training program; and 7 (iii) the program sponsor approves the 8 additional work by annotating the non- 9 immigrant’s Certificate of Eligibility for 10 Exchange Visitor (J–1) Status (Form DS– 11 2019) and notifying the Immigration and 12 Customs Enforcement Student and Ex- 13 change Visitor Program of the approval of 14 such work. 15 (C) CLARIFICATION 16 Section 214(l)(1)(D) of the Immigration and 17 Nationality Act (8 U.S.C. 1184(l)(1)(D)) may 18 be satisfied through the provision of care to pa- 19 tients located in areas designated by the Sec- 20 retary of Health and Human Services as having 21 a shortage of health care professionals, through 22 the physician’s use of real-time audio-video 23 communication tools to consult with patients 24 and other technologies to collect, analyze, and 25 transmit medical data and images. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ON TELEMEDICINE.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01748 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1749 1 2 nonimmigrant who was previously issued a visa or 3 otherwise provided nonimmigrant status under sec- 4 tion 101(a)(15)(O)(i) of the Immigration and Na- 5 tionality Act (8 U.S.C. 1101(a)(15)(O)(i)), and is 6 seeking an extension of such status, is authorized to 7 accept new employment under the terms and condi- 8 tions described in section 214(n) of such Act (8 9 U.S.C. 1184(n)). 10 11 (5) INCREASING THE ABILITY OF PHYSICIANS TO CHANGE NONIMMIGRANT STATUS.— 12 (A) CHANGE OF NONIMMIGRANT CLASSI- 13 FICATION.—Section 14 and Nationality Act (8 U.S.C. 1184(l)), is 15 amended— 16 248(a) of the Immigration (i) in paragraph (1), by inserting 17 ‘‘and’’ after the comma at the end; 18 (ii) by striking paragraphs (2) and 19 (3); and 20 (iii) by redesignating paragraph (4) as 21 paragraph (2). 22 (B) ADMISSION OF NONIMMIGRANTS.— 23 Section 214(l)(2)(A) of the Immigration and 24 Nationality Act (8 U.S.C. 1184(l)(2)(A)) is g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF O–1 NONIMMIGRANTS.—A (4) PORTABILITY 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01749 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1750 1 amended by striking ‘‘Notwithstanding section 2 248(a)(2), the’’ and inserting ‘‘The’’. 3 (6) TERMINATION.—This subsection shall take 4 effect on the date of the enactment of this title and 5 except as provided in paragraphs (2)(B), (3)(C), (4), 6 and (5), shall cease to be effective on that date that 7 is 180 days after the termination of the public 8 health emergency declared by the Secretary of 9 Health and Human Services under section 319 of 10 the Public Health Service Act (42 U.S.C. 247d), 11 with respect to COVID–19. 12 (e) CONRAD 30 PROGRAM.— 13 (1) PERMANENT 14 220(c) of the Immigration and Nationality Technical 15 Corrections Act of 1994 (Public Law 103–416; 8 16 U.S.C. 1182 note) is amended by striking ‘‘and be- 17 fore September 30, 2015’’. 18 (2) ADMISSION OF NONIMMIGRANTS.—Section 19 214(l) of the Immigration and Nationality Act (8 20 U.S.C. 1184(l)), is amended— 21 (A) in paragraph (1)(B)— 22 (i) by striking ‘‘30’’ and inserting 23 ‘‘35’’; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AUTHORIZATION.—Section 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01750 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1751 1 (ii) by inserting ‘‘, except as provided 2 in paragraph (4)’’ before the semicolon at 3 the end; and 4 (B) by adding at the end the following: 5 ‘‘(4) ADJUSTMENT 6 ‘‘(A) INCREASES.— 7 ‘‘(i) IN GENERAL.—Except as pro- 8 vided in clause (ii), if in any fiscal year, 9 not less than 90 percent of the waivers 10 provided under paragraph (1)(B) are uti- 11 lized by States receiving at least 5 such 12 waivers, the number of such waivers allot- 13 ted to each State shall increase by 5 for 14 each subsequent fiscal year. 15 ‘‘(ii) EXCEPTION.—If 45 or more 16 waivers are allotted to States in any fiscal 17 year, an increase of 5 waivers in subse- 18 quent fiscal years shall be provided only in 19 the case that not less than 95 percent of 20 such waivers are utilized by States receiv- 21 ing at least 1 waiver. 22 ‘‘(B) DECREASES.—If in any fiscal year in 23 which there was an increase in waivers, the 24 total number of waivers utilized is 5 percent 25 lower than in the previous fiscal year, the num- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 IN WAIVER NUMBERS.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01751 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1752 1 ber of such waivers allotted to each State shall 2 decrease by 5 for each subsequent fiscal year, 3 except that in no case shall the number of waiv- 4 ers allotted to each State drop below 35.’’. 5 (f) TEMPORARY PORTABILITY FOR 6 CRITICAL HEALTHCARE WORKERS PHYSICIANS IN RESPONSE AND TO 7 COVID–19 PUBLIC HEALTH EMERGENCY.— 8 (1) IN later than 30 days after 9 the date of the enactment of this title, the Secretary 10 of Homeland Security, in consultation with the Sec- 11 retary of Labor and the Secretary of Health and 12 Human Services, shall establish emergency proce- 13 dures to provide employment authorization to aliens 14 described in paragraph (2), for purposes of facili- 15 tating the temporary deployment of such aliens to 16 practice medicine, provide healthcare, or engage in 17 medical research involving the diagnosis, treatment, 18 or prevention of COVID–19. 19 20 (2) ALIENS DESCRIBED.—An alien described in this paragraph is an alien who is— 21 (A) physically present in the United 22 States; 23 (B) maintaining lawful nonimmigrant sta- 24 tus that authorizes employment with a specific 25 employer incident to such status; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01752 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1753 1 (C) working in the United States in a 2 healthcare occupation essential to COVID–19 3 response, as determined by the Secretary of 4 Health and Human Services. 5 (3) EMPLOYMENT 6 (A) APPLICATION.— 7 (i) IN GENERAL.—The Secretary of 8 Homeland Security may grant employment 9 authorization to an alien described in para- 10 graph (2) if such alien submits an Applica- 11 tion for Employment Authorization (Form 12 I–765 or any successor form), which shall 13 include— 14 (I) evidence of the alien’s current 15 nonimmigrant status; 16 (II) copies of the alien’s academic 17 degrees and any licenses, credentials, 18 or other documentation confirming 19 authorization to practice in the alien’s 20 occupation; and 21 (III) any other evidence deter- 22 mined necessary by the Secretary of 23 Homeland Security to establish by a 24 preponderance of the evidence that g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AUTHORIZATION.— 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01753 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1754 1 the alien meets the requirements of 2 paragraph (2). 3 (ii) CONVERSION 4 CATIONS.—The 5 curity shall establish procedures for the ad- 6 judication of any employment authoriza- 7 tion applications for aliens described in 8 paragraph (2) that are pending on the date 9 of the enactment of this title, and the 10 issuance of employment authorization doc- 11 uments in connection with such applica- 12 tions in accordance with the terms and 13 conditions of this subsection, upon request 14 by the applicant. 15 (B) FEES.—The Secretary of Homeland 16 Security shall collect a fee for the processing of 17 applications for employment authorization as 18 provided under this paragraph. 19 (C) REQUEST Secretary of Homeland Se- FOR EVIDENCE.—If all re- 20 quired initial evidence has been submitted 21 under this subsection but such evidence does 22 not establish eligibility, the Secretary of Home- 23 land Security shall issue a request for evidence 24 not later than 15 days after receipt of the ap- 25 plication for employment authorization. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF PENDING APPLI- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01754 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1755 1 (D) DECISION.—The Secretary of Home- 2 land Security shall issue a final decision on an 3 application for employment authorization under 4 this subsection not later than 30 days after re- 5 ceipt of such application, or, if a request for 6 evidence is issued, not later than 15 days after 7 the Secretary receives the alien’s response to 8 such request. 9 (E) AUTHORIZATION 10 CARD.—An 11 issued under this subsection shall— 12 employment authorization document (i) be valid for a period of not less 13 than 1 year; 14 (ii) include the annotation ‘‘COVID– 15 19’’; and 16 (iii) notwithstanding any other provi- 17 sion of law, allow the bearer of such docu- 18 ment to engage in employment during its 19 validity period, with any United States em- 20 ployer to perform services described in 21 paragraph (1). 22 (F) RENEWAL.—Subject to paragraph (5), 23 the Secretary of Homeland Security may renew 24 an employment authorization document issued g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 EMPLOYMENT 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01755 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1756 1 under this subsection in accordance with proce- 2 dures established by the Secretary. 3 (G) CLARIFICATIONS.— 4 (i) MAINTENANCE 5 withstanding a reduction in hours or ces- 6 sation of work with the employer that peti- 7 tioned for the alien’s underlying non- 8 immigrant status, an alien granted employ- 9 ment authorization under this subsection, 10 and the spouse and children of such alien 11 shall, for the period of such authorization, 12 be deemed— 13 (I) to be lawfully present in the 14 United States; and 15 (II) to have continuously main- 16 tained the alien’s underlying non- 17 immigrant status for purposes of an 18 extension of such status, a change of 19 nonimmigrant status under section 20 248 of the Immigration and Nation- 21 ality Act (8 U.S.C. 1258), or adjust- 22 ment of status under section 245 of 23 such Act (8 U.S.C. 1255). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF STATUS.—Not- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01756 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1757 1 (ii) LIMITATIONS.—An employment 2 authorization document described in sub- 3 paragraph (E) may not be— 4 (I) utilized by the alien to engage 5 in any employment other than that 6 which is described in paragraph (1); 7 or 8 (II) accepted by an employer as 9 evidence of authorization under sec- 10 tion 274A(b)(1)(C) of the Immigra- 11 tion and Nationality Act (8 U.S.C. 12 1324a(b)(1)(C)), to engage in employ- 13 ment other than that which is de- 14 scribed in paragraph (1). 15 (4) TREATMENT 16 COVID–19-RELATED 17 other provision of law, time spent by an alien physi- 18 cian engaged in direct patient care involving the di- 19 agnosis, treatment, or prevention of COVID–19 20 shall count towards— WORK.—Notwithstanding any 21 (A) the 5 years that an alien is required to 22 work as a full-time physician for purposes of a 23 national 24 203(b)(2)(B)(ii) of the Immigration and Na- 25 tionality Act (8 U.S.C. 1153(b)(2)(B)(ii)); and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OF TIME SPENT ENGAGING IN 12:13 May 12, 2020 Jkt 000000 interest waiver under section (763351 3) PO 00000 Frm 01757 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1758 1 (B) the 3 years that an alien is required 2 to work as a full-time physician for purposes of 3 a waiver of the 2-year foreign residence require- 4 ment under section 212(e) of the Immigration 5 and Nationality Act (8 U.S.C. 1182(e)), as pro- 6 vided in section 214(l) of such Act (8 U.S.C. 7 1184(l)). 8 (5) EXTENSION proce- 9 dures described in paragraph (1) shall take effect on 10 the date that is 30 days after the date of the enact- 11 ment of this title and shall remain in effect until 12 180 days after the termination of the public health 13 emergency declared by the Secretary of Health and 14 Human Services under section 319 of the Public 15 Health Service Act (42 U.S.C. 247d), with respect 16 to COVID–19. 17 (g) SPECIAL 18 IMMIGRANT 19 LIES.— 20 IMMIGRANT STATUS COVID–19 WORKERS (1) IN GENERAL.—The AND FOR NON- THEIR FAMI- Secretary of Homeland 21 Security may grant a petition for special immigrant 22 classification to an alien described in paragraph (2) 23 (and the spouse and children of such alien) if the 24 alien files a petition for special immigrant status 25 under section 204 of the Immigration and Nation- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 OR TERMINATION.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01758 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1759 1 ality Act (8 U.S.C. 1154) for classification under 2 section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)). 3 (2) ALIENS alien is described 4 in this paragraph if, during the period beginning on 5 the date that the COVID–19 public health emer- 6 gency was declared by the Secretary of Health and 7 Human Services under section 319 of the Public 8 Health Service Act (42 U.S.C. 247d) and ending 9 180 days after the termination of such emergency, 10 the alien was— 11 (A) authorized for employment in the 12 United States and maintaining a nonimmigrant 13 status; and 14 (B) engaged in the practice of medicine, 15 provision of healthcare services, or medical re- 16 search involving the diagnosis, treatment, or 17 prevention of COVID–19 disease. 18 (3) PRIORITY DATE.—Subject to paragraph (5), 19 immigrant visas under paragraph (1) shall be made 20 available to aliens in the order in which a petition 21 on behalf of each such alien is filed with the Sec- 22 retary of Homeland Security, except that an alien 23 shall maintain any priority date that was assigned 24 with respect to an immigrant visa petition or appli- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 DESCRIBED.—An 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01759 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1760 1 cation for labor certification that was previously filed 2 on behalf of such alien. 3 (4) PROTECTIONS 4 SURVIVING SPOUSES AND CHILDREN.— 5 (A) SURVIVING SPOUSES AND CHIL- 6 DREN.—Notwithstanding 7 described in paragraph (2), the Secretary of 8 State may approve an application for an immi- 9 grant visa, and the Secretary of Homeland Se- 10 curity may approve an application for adjust- 11 ment of status to lawful permanent resident, 12 filed by or on behalf of a spouse or child of 13 such alien. 14 (B) AGE-OUT the death of an alien PROTECTION.—For purposes 15 of an application for an immigrant visa or ad- 16 justment of status filed by or on behalf of a 17 child of an alien described in paragraph (2), the 18 determination of whether the child satisfies the 19 age requirement under section 101(b)(1) of the 20 Immigration and Nationality Act (8 U.S.C. 21 1101(b)(1)) shall be made using the age of the 22 child on the date the immigrant visa petition 23 under paragraph (1) was approved. 24 (C) CONTINUATION 25 STATUS.—A g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 FOR 12:13 May 12, 2020 Jkt 000000 OF NONIMMIGRANT spouse or child of an alien de- (763351 3) PO 00000 Frm 01760 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1761 1 scribed in paragraph (2) shall be considered to 2 have maintained lawful nonimmigrant status 3 until the earlier of the date— 4 (i) on which the Secretary of Home- 5 land Security accepts for filing, an applica- 6 tion for adjustment of status based on a 7 petition described in paragraph (1); or 8 (ii) that is 2 years after the date of 9 the principal nonimmigrant’s death. 10 (5) NUMERICAL 11 (A) IN GENERAL.—The total number of 12 principal aliens who may be provided special 13 immigrant status under this subsection may not 14 exceed 4,000 per year for each of the 3 fiscal 15 years beginning after the date of the enactment 16 of this title. 17 (B) EXCLUSION FROM NUMERICAL LIMITA- 18 TIONS.—Aliens 19 tus under this subsection shall not be counted 20 against any numerical limitations under section 21 201(d), 202(a), or 203(b)(4) of the Immigra- 22 tion and Nationality Act (8 U.S.C. 1151(d), 23 1152(a), or 1153(b)(4)). 24 FORWARD.—If the numerical limitation specified in subparagraph (A) is not g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) 12:13 May 12, 2020 provided special immigrant sta- (C) CARRY 25 VerDate Mar 15 2010 LIMITATIONS.— Jkt 000000 (763351 3) PO 00000 Frm 01761 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1762 1 reached during a given fiscal year referred to in 2 such subparagraph, the numerical limitation 3 specified in such subparagraph for the following 4 fiscal year shall be increased by a number equal 5 to the difference between— 6 (i) the numerical limitation specified 7 in subparagraph (A) for the given fiscal 8 year; and 9 (ii) the number of principal aliens pro- 10 vided special immigrant status under this 11 subsection during the given fiscal year. 12 SEC. 191205. ICE DETENTION. 13 (a) REVIEWING ICE DETENTION.—During the public 14 health emergency declared by the Secretary of Health and 15 Human Services under section 319 of the Public Health 16 Service Act (42 U.S.C. 247d) with respect to COVID–19, 17 the Secretary of Homeland Security shall review the immi18 gration files of all individuals in the custody of U.S. Immi19 gration and Customs Enforcement to assess the need for 20 continued detention. The Secretary of Homeland Security 21 shall prioritize for release on recognizance or alternatives 22 to detention individuals who are not subject to mandatory 23 detention laws, unless the individual is a threat to public 24 safety or national security. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01762 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1763 1 (b) ACCESS TO ELECTRONIC COMMUNICATIONS AND 2 HYGIENE PRODUCTS.—During the period described in 3 subsection (c), the Secretary of Homeland Security shall 4 ensure that— 5 6 (1) all individuals in the custody of U.S. Immigration and Customs Enforcement— 7 (A) have access to telephonic or video com- 8 munication at no cost to the detained indi- 9 vidual; 10 (B) have access to free, unmonitored tele- 11 phone calls, at any time, to contact attorneys or 12 legal service providers in a sufficiently private 13 space to protect confidentiality; 14 (C) are permitted to receive legal cor- 15 respondence by fax or email rather than postal 16 mail; and 17 (D) are provided sufficient soap, hand san- 18 itizer, and other hygiene products; and 19 (2) nonprofit organizations providing legal ori- 20 entation programming or know-your-rights program- 21 ming to individuals in the custody of U.S. Immigra- 22 tion and Customs Enforcement are permitted broad 23 and flexible access to such individuals— 24 (A) to provide group presentations using 25 remote videoconferencing; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01763 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1764 1 (B) to schedule and provide individual ori- 2 entations using free telephone calls or remote 3 videoconferencing. 4 (c) PERIOD DESCRIBED.—The period described in 5 this subsection— 6 (1) begins on the first day of the public health 7 emergency declared by the Secretary of Health and 8 Human Services under section 319 of the Public 9 Health Service Act (42 U.S.C. 247d) with respect to 10 COVID–19; and 11 (2) ends 90 days after the date on which such 12 public health emergency terminates. 14 TITLE XIII—CORONAVIRUS RELIEF FUND AMENDMENTS 15 SEC. 191301. CONGRESSIONAL INTENT RELATING TO TRIB- 13 16 AL 17 CORONAVIRUS RELIEF FUND PAYMENTS. 18 GOVERNMENTS ELIGIBLE FOR (a) PURPOSE.—The purpose of this section and the 19 amendments made by subsection (b) is to affirm the April 20 27, 2020, memorandum and decision of the United States 21 District Court for the District of Columbia in Confederated 22 Tribes of the Chehalis Reservation et al v. Mnuchin (Case 23 No. 1:20–cv–01002) and clarify the intent of Congress 24 that only Federally recognized Tribal Governments are eli25 gible for payments from the Coronavirus Relief Fund es- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01764 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1765 1 tablished in section 601 of the Social Security Act, as 2 added by section 5001(a) of the Coronavirus Aid, Relief, 3 and Economic Security Act (Public Law 116–136). 4 (b) ELIGIBLE TRIBAL GOVERNMENTS.—Effective as 5 if included in the enactment of the Coronavirus Aid, Re6 lief, and Economic Security Act (Public Law 116–136), 7 section 601 of the Social Security Act, as added by section 8 5001(a) of the Coronavirus Aid, Relief, and Economic Se9 curity Act, is amended— 10 11 (1) in subsection (c)(7), by striking ‘‘Indian Tribes’’ and inserting ‘‘Tribal Governments’’; and 12 (2) in subsection (g)— 13 (A) by striking paragraph (1); 14 (B) redesignating paragraphs (2) 15 through (5) as paragraphs (1) through (4), re- 16 spectively; and 17 (C) by striking paragraph (4) (as redesig- 18 nated by subparagraph (B)) and inserting the 19 following: 20 ‘‘(4) TRIBAL GOVERNMENT.—The term ‘Tribal 21 Government’ means the recognized governing body 22 of any Indian or Alaska Native tribe, band, nation, 23 pueblo, village, community, component band, or com- 24 ponent reservation, individually identified (including 25 parenthetically) in the list published most recently as g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 by 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01765 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1766 1 of the date of enactment of this Act pursuant to sec- 2 tion 104 of the Federally Recognized Indian Tribe 3 List Act of 1994 (25 U.S.C. 5131).’’. 4 (c) RULES RELATING 5 THE PAYMENTS MADE BEFORE DATE OF ENACTMENT OF THIS ACT.— 6 (1) PAYMENTS MADE TO INELIGIBLE ENTI- 7 TIES.—The 8 any entity that was not eligible to receive a payment 9 from the amount set aside for fiscal year 2020 10 under subsection (a)(2)(B) of section 601 of the So- 11 cial Security Act, as added by section 5001(a) of the 12 Coronavirus Aid, Relief, and Economic Security Act 13 (Public Law 116–136) and after the application of 14 the amendments made by subsection (a) clarifying 15 congressional intent relating to eligibility for such a 16 payment, to return the full payment to the Depart- 17 ment. 18 Secretary of the Treasury shall require (2) DISTRIBUTION OF PAYMENTS RETURNED 19 BY INELIGIBLE ENTITIES.—The 20 Treasury shall distribute payments returned under 21 paragraph (1), without further appropriation or fis- 22 cal year limitation and not later than 7 days after 23 receiving any returned funds as required under 24 paragraph (1) to Tribal Governments eligible for 25 payments under such section 601 of the Social Secu- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 TO 12:13 May 12, 2020 Jkt 000000 Secretary of the (763351 3) PO 00000 Frm 01766 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1767 1 rity Act, as amended by subsection (a), in accord- 2 ance with subsection (c)(7) of such Act. 3 (3) LIMITATION ON AUTHOR- SECRETARIAL 4 ITY.—The 5 from requiring an entity that is eligible for a pay- 6 ment from the amount set aside for fiscal year 2020 7 under subsection (a)(2)(B) of section 601 of the So- 8 cial Security Act, as amended by subsection(a), and 9 that received a payment before the date of enact- 10 ment of this Act, from requiring the entity to return 11 all or part of the payment except to the extent au- 12 thorized under section 601(f) of such Act in the case 13 of a determination by the Inspector General of the 14 Department of the Treasury that the Tribal govern- 15 ment failed to comply with the use of funds require- 16 ments of section 601(d) of such Act. Secretary of the Treasury is prohibited 17 SEC. 191302. REDISTRIBUTION OF AMOUNTS RECOVERED 18 OR RECOUPED FROM PAYMENTS FOR TRIBAL 19 GOVERNMENTS; 20 MENTS. 21 REPORTING REQUIRE- Effective as if included in the enactment of the 22 Coronavirus Aid, Relief, and Economic Security Act (Pub23 lic Law 116–136), section 601(c)(7) of the Social Security 24 Act, as added by section 5001(a) of the Coronavirus Aid, 25 Relief, and Economic Security Act, is amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01767 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1768 1 2 (1) by striking ‘‘From the amount’’ and inserting the following: 3 ‘‘(A) IN the amount’’; 4 and 5 (2) by adding at the end the following: 6 ‘‘(B) REDISTRIBUTION OF FUNDS.— 7 ‘‘(i) REQUIREMENT.—In carrying out 8 the requirement under subparagraph (A) 9 to ensure that all amounts available under 10 subsection (a)(2)(B) for fiscal year 2020 11 are distributed to Tribal governments, the 12 Secretary shall redistribute any amounts 13 from payments for Tribal Governments 14 that are recovered through recoupment ac- 15 tivities carried out by the Inspector Gen- 16 eral of the Department of the Treasury 17 under subsection (f), without further ap- 18 propriation, using a procedure and meth- 19 odology determined by the Secretary in 20 consultation with Tribal Governments, to 21 Tribal Governments that apply for pay- 22 ments from such amounts. 23 ‘‘(ii) REPAYMENT.—In carrying out 24 the recoupment activities by the Inspector 25 General of the Department of the Treasury g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—From 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01768 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1769 1 under subsection (f), Treasury shall not 2 impose any additional fees, penalties, or in- 3 terest payments on Tribal Governments as- 4 sociated with any amounts that are recov- 5 ered. 6 ‘‘(C) DISCLOSURE 7 QUIREMENTS.— 8 ‘‘(i) DISCLOSURE 9 MULA AND OF FUNDING FOR- METHODOLOGY.—Not later 10 than 24 hours before any payments for 11 Tribal Governments are distributed by the 12 Secretary pursuant to the requirements 13 under subparagraph (A) and subparagraph 14 (B), the Secretary shall publish on the 15 website of the Department of the Treas- 16 ury— 17 ‘‘(I) a detailed description of the 18 funding allocation formula; and 19 ‘‘(II) a detailed description of the 20 procedure and methodology used to 21 determine the funding allocation for- 22 mula. 23 ‘‘(ii) REPORT TO CONGRESS.—No 24 later than 7 days after payments for Tribal 25 Governments are distributed by the Sec- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 AND REPORTING RE- 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01769 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1770 1 retary pursuant to the requirements under 2 subparagraph (A) or subparagraph (B), 3 the Secretary shall submit to the Commit- 4 tees on Appropriations of the House of 5 Representatives and the Senate, the Chair 6 and Ranking Members of the House Com- 7 mittee on Natural Resources and the Chair 8 and Vice-Chair of the Senate Committee 9 on Indian Affairs a report summarizing— 10 ‘‘(I) an overview of actions taken 11 by the Secretary in carrying out the 12 requirements under subparagraph (A) 13 and subparagraph (B); and 14 ‘‘(II) the date and amount of all 15 fund disbursements, broken down by 16 individual Tribal Government recipi- 17 ents.’’. 18 SEC. 191303. USE OF RELIEF FUNDS. 19 Effective as if included in the Coronavirus, Aid, Re- 20 lief, and Economic Security Act (Public Law 116–136), 21 section 601 of the Social Security Act, as added by section 22 5001(a) of such Act, is amended by striking subsection 23 (d) and inserting the following: g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01770 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1771 1 ‘‘(d) USE OF FUNDS.—A State, Tribal government, 2 and unit of local government shall use the funds provided 3 under a payment made under this section to 4 ‘‘(1) cover only those costs of the State, Tribal 5 government, or unit of local government that— 6 ‘‘(A) Are necessary expenditures incurred 7 due to the public health emergency with respect 8 to the coronavirus disease 2019 (COVID–19); 9 ‘‘(B) were not accounted for in the budget 10 most recently approved as of the date of enact- 11 ment of this section for the State or govern- 12 ment; and 13 ‘‘(C) were incurred during the period that 14 begins on January 31, 2020, and ends on De- 15 cember 31, 2020; or 16 ‘‘(2) Replace lost, delayed, or decreased reve- 17 nues, stemming from the public health emergency 18 with respect to the coronavirus disease (COVID– 19 19).’’. 20 21 TITLE XIV—RURAL DIGITAL OPPORTUNITY 22 SEC. 191401. ACCELERATION OF RURAL DIGITAL OPPOR- 23 TUNITY FUND PHASE I AUCTION. 24 With respect to the Rural Digital Opportunity Fund 25 Phase I auction (in this section referred to as the ‘‘auc- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01771 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1772 1 tion’’) provided for in the Report and Order in the matter 2 of Rural Digital Opportunity Fund and Connect America 3 Fund adopted by the Federal Communications Commis4 sion (in this section referred to as the ‘‘Commission’’) on 5 January 30, 2020 (FCC 20–5), the Commission shall 6 modify the framework for the auction adopted in such Re7 port and Order as follows: 8 (1) The Commission shall begin accepting long- 9 form applications before the auction, not later than 10 the earlier of the date that is 30 days after the date 11 on which the Commission begins accepting short- 12 form applications or July 31, 2020, from such appli- 13 cants as are willing to commit to the schedule de- 14 scribed in paragraph (3)(B) for deployment of net- 15 works capable of providing symmetrical Gigabit per- 16 formance service. 17 (2) If the long-form applications accepted pur- 18 suant to paragraph (1) indicate that, for any census 19 block or census block group identified in the Prelimi- 20 nary List of Eligible Areas released by the Commis- 21 sion on March 17, 2020, there is only 1 qualified ap- 22 plicant willing to commit to provide symmetrical 23 Gigabit performance service pursuant to the sched- 24 ule described in paragraph (3)(B), the Commission g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01772 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1773 1 shall, not later than the earlier of September 30, 2 2020, or 30 days before the start of the auction— 3 (A) award to such applicant Rural Digital 4 Opportunity Fund Phase I support for such 5 census block or census block group, at 100 per- 6 cent of the reserve price (in this paragraph re- 7 ferred to as the ‘‘award’’); 8 (B) remove such census block or census 9 block group from the auction; and 10 (C) reduce the budget for the auction by 11 75 percent of the amount of the award and re- 12 duce the budget for the Rural Digital Oppor- 13 tunity Fund Phase II auction provided for in 14 such Report and Order by 25 percent of the 15 amount of the award. 16 (3) The Commission shall require an applicant 17 submitting a long-form application pursuant to para- 18 graph (1) to— 19 (A) not later than 30 days after the date 20 on which such applicant submits such long-form 21 application, provide a letter of commitment 22 from a bank meeting the Commission’s eligi- 23 bility requirements stating that the bank would 24 provide a letter of credit to such applicant if g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01773 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1774 1 such applicant becomes a winning bidder and is 2 awarded support; and 3 (B) commit to— 4 (i) begin construction not later than 6 5 months following funding authorization; 6 and 7 (ii) begin to make service available not 8 later than 1 year following funding author- 9 ization. 10 (4) If an applicant to which an award of sup- 11 port has been made under paragraph (2)(A) for a 12 census block or census block group fails to meet the 13 requirements of paragraph (3) with respect to such 14 award of support, the Commission shall revoke such 15 award of support and include such census block or 16 census block group for competitive bidding in the 17 Rural Digital Opportunity Fund Phase II auction 18 provided for in such Report and Order. 19 (5) The Commission shall require an applicant 20 to which an award of support has been made under 21 paragraph (2)(A) to meet the deployment schedule 22 to which the applicant committed under paragraph 23 (3)(B). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01774 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1775 1 SEC. 191402. ENSURING THE FCC CREATES ACCURATE 2 SERVICE MAPS. 3 (a) AUTHORIZATION OF APPROPRIATIONS.—Title 4 VIII of the Communications Act of 1934 (47 U.S.C. 641 5 et seq.) is amended by adding at the end the following: 6 ‘‘SEC. 807. AUTHORIZATION OF APPROPRIATIONS. 7 ‘‘There is authorized to be appropriated to the Com- 8 mission to carry out this title— 9 ‘‘(1) $25,000,000 for fiscal year 2020; and 10 ‘‘(2) $9,000,000 for each of the fiscal years 11 2021 through 2027.’’. 12 (b) DEADLINE FOR CREATION OF MAPS.—Section 13 802(c)(1) of the Communications Act of 1934 (47 U.S.C. 14 642(c)(1)) is amended by striking ‘‘create’’ and inserting 15 ‘‘create, not later than October 1, 2020’’. 19 TITLE XV—FOREIGN AFFAIRS PROVISIONS Subtitle A—Matters Relating to the Department of State 20 SEC. 191501. MITIGATION PLAN TO ASSIST FEDERAL VOT- 16 17 18 21 22 ERS OVERSEAS IMPACTED BY COVID–19. (a) IN GENERAL.—Not later than 60 days after the 23 date of the enactment of this Act, the Secretary of State, 24 in consultation with the Secretary of Defense, shall submit 25 to the appropriate congressional committees a plan to 26 mitigate the effects of limited or curtailed diplomatic g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01775 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1776 1 pouch capacities or other operations constraints at United 2 States diplomatic and consular posts, due to coronavirus, 3 on overseas voters (as such term is defined in section 4 107(5) of the Uniformed and Overseas Citizens Absentee 5 Voting Act (52 U.S.C. 20310(5))) seeking to return ab6 sentee ballots and other balloting materials under such 7 Act with respect to elections for Federal office held in 8 2020. Such plan shall include steps to— 9 10 (1) restore or augment diplomatic pouch capacities; 11 (2) facilitate using the Army Post Office, Fleet 12 Post Office, the United States mails, or private 13 couriers, if available; 14 15 (3) mitigate other operations constraints affecting eligible overseas voters; and 16 (4) develop specific outreach plans to educate 17 eligible overseas voters about accessing all available 18 forms of voter assistance prior to the date of the 19 regularly scheduled general election for Federal of- 20 fice. 21 (b) REPORT ON EFFORTS TO ASSIST AND INFORM 22 FEDERAL VOTERS OVERSEAS.—Not later than 90 days 23 before the date of the regularly scheduled general election 24 for Federal office held in November 2020, the Secretary 25 of State, in consultation with the Secretary of Defense, g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01776 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1777 1 shall report to the appropriate congressional committees 2 on the implementation of efforts to carry out the plan sub3 mitted pursuant to subsection (a). 4 5 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term ‘‘appropriate congres- 6 sional committees’’ means— 7 (1) the Committee on Foreign Affairs and the 8 Committee on Armed Services of the House of Rep- 9 resentatives; and 10 (2) the Committee on Foreign Relations and 11 the Committee on Armed Services of the Senate. 12 SEC. 191502. REPORT ON EFFORTS OF THE CORONAVIRUS 13 14 REPATRIATION TASK FORCE. (a) IN GENERAL.—Not later than the date specified 15 in subsection (b), the Secretary of State shall submit to 16 the Committee on Foreign Affairs of the House of Rep17 resentatives and the Committee on Foreign Relations of 18 the Senate a report evaluating the efforts of the 19 Coronavirus Repatriation Task Force of the Department 20 of State to repatriate United States citizens and legal per21 manent residents in response to the 2020 coronavirus out22 break. The report shall identify— 23 24 (1) the most significant impediments to repatriating such persons; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01777 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1778 1 (2) the lessons learned from such repatriations; 2 and 3 (3) any changes planned to future repatriation 4 efforts of the Department of State to incorporate 5 such lessons learned. 6 (b) DEADLINE.—The date specified in this subsection 7 is the earlier of— 8 (1) the date that is 90 days after the date on 9 which the Coronavirus Repatriation Task Force of 10 the Department of State is disbanded; or 11 (2) September 30, 2020. Subtitle B—Global Health Security Act of 2020 12 13 14 SEC. 191503. SHORT TITLE. 15 This subtitle may be cited as the ‘‘Global Health Se- 16 curity Act of 2020’’. 17 SEC. 191504. FINDINGS. 18 Congress finds the following: 19 (1) In December 2009, President Obama re- 20 leased the National Strategy for Countering Biologi- 21 cal Threats, which listed as one of seven objectives 22 ‘‘Promote global health security: Increase the avail- 23 ability of and access to knowledge and products of 24 the life sciences that can help reduce the impact g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01778 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1779 1 from outbreaks of infectious disease whether of nat- 2 ural, accidental, or deliberate origin’’. 3 (2) In February 2014, the United States and 4 nearly 30 other nations launched the Global Health 5 Security Agenda (GHSA) to address several high- 6 priority, global infectious disease threats. The 7 GHSA is a multi-faceted, multi-country initiative in- 8 tended to accelerate partner countries’ measurable 9 capabilities to achieve specific targets to prevent, de- 10 tect, and respond to infectious disease threats, 11 whether naturally occurring, deliberate, or acci- 12 dental. 13 (3) In 2015, the United Nations adopted the 14 Sustainable Development Goals (SDGs), which in- 15 clude specific reference to the importance of global 16 health security as part of SDG 3 ‘‘ensure healthy 17 lives and promote well-being for all at all ages’’ as 18 follows: ‘‘strengthen the capacity of all countries, in 19 particular developing countries, for early warning, 20 risk reduction and management of national and 21 global health risks’’. 22 (4) On November 4, 2016, President Obama 23 signed Executive Order 13747, ‘‘Advancing the 24 Global Health Security Agenda to Achieve a World 25 Safe and Secure from Infectious Disease Threats’’. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01779 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1780 1 (5) In October 2017 at the GHSA Ministerial 2 Meeting in Uganda, the United States and more 3 than 40 GHSA member countries supported the 4 ‘‘Kampala Declaration’’ to extend the GHSA for an 5 additional 5 years to 2024. 6 (6) In December 2017, President Trump re- 7 leased the National Security Strategy, which in- 8 cludes the priority action: ‘‘Detect and contain bio- 9 threats at their source: We will work with other 10 countries to detect and mitigate outbreaks early to 11 prevent the spread of disease. We will encourage 12 other countries to invest in basic health care systems 13 and to strengthen global health security across the 14 intersection of human and animal health to prevent 15 infectious disease outbreaks’’. 16 (7) In September 2018, President Trump re- 17 leased the National Biodefense Strategy, which in- 18 cludes objectives to ‘‘strengthen global health secu- 19 rity capacities to prevent local bioincidents from be- 20 coming epidemics’’, and ‘‘strengthen international 21 preparedness to support international response and 22 recovery capabilities’’. 23 SEC. 191505. STATEMENT OF POLICY. 24 It is the policy of the United States to— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01780 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1781 1 (1) promote global health security as a core na- 2 tional security interest; 3 (2) advance the aims of the Global Health Se- 4 curity Agenda; 5 (3) collaborate with other countries to detect 6 and mitigate outbreaks early to prevent the spread 7 of disease; 8 (4) encourage other countries to invest in basic 9 resilient and sustainable health care systems; and 10 (5) strengthen global health security across the 11 intersection of human and animal health to prevent 12 infectious disease outbreaks and combat the growing 13 threat of antimicrobial resistance. 14 SEC. 191506. GLOBAL HEALTH SECURITY AGENDA INTER- 15 16 AGENCY REVIEW COUNCIL. (a) ESTABLISHMENT.—The President shall establish 17 a Global Health Security Agenda Interagency Review 18 Council (in this section referred to as the ‘‘Council’’) to 19 perform the general responsibilities described in sub20 section (c) and the specific roles and responsibilities de21 scribed in subsection (e). 22 (b) MEETINGS.—The Council shall meet not less than 23 four times per year to advance its mission and fulfill its 24 responsibilities. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01781 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1782 1 (c) GENERAL RESPONSIBILITIES.—The Council shall 2 be responsible for the following activities: 3 (1) Provide policy-level recommendations to 4 participating agencies on Global Health Security 5 Agenda (GHSA) goals, objectives, and implementa- 6 tion. 7 8 (2) Facilitate interagency, multi-sectoral engagement to carry out GHSA implementation. 9 (3) Provide a forum for raising and working to 10 resolve interagency disagreements concerning the 11 GHSA. 12 (4)(A) Review the progress toward and work to 13 resolve challenges in achieving United States com- 14 mitments under the GHSA, including commitments 15 to assist other countries in achieving the GHSA tar- 16 gets. 17 18 (B) The Council shall consider, among other issues, the following: 19 (i) The status of United States financial 20 commitments to the GHSA in the context of 21 commitments by other donors, and the con- 22 tributions of partner countries to achieve the 23 GHSA targets. 24 (ii) The progress toward the milestones 25 outlined in GHSA national plans for those g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01782 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1783 1 countries where the United States Government 2 has committed to assist in implementing the 3 GHSA and in annual work-plans outlining 4 agency priorities for implementing the GHSA. 5 (iii) The external evaluations of United 6 States and partner country capabilities to ad- 7 dress infectious disease threats, including the 8 ability to achieve the targets outlined within the 9 WHO Joint External Evaluation (JEE) tool, as 10 well as gaps identified by such external evalua- 11 tions. 12 (d) PARTICIPATION.—The Council shall consist of 13 representatives, serving at the Assistant Secretary level or 14 higher, from the following agencies: 15 (1) The Department of State. 16 (2) The Department of Defense. 17 (3) The Department of Justice. 18 (4) The Department of Agriculture. 19 (5) The Department of Health and Human 20 Services. 21 (6) The Department of Labor. 22 (7) The Department of Homeland Security. 23 (8) The Office of Management and Budget. 24 (9) The United States Agency for International 25 Development. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01783 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1784 1 (10) The Environmental Protection Agency. 2 (11) The Centers for Disease Control and Pre- 3 vention. 4 5 (12) The Office of Science and Technology Policy. 6 (13) The National Institutes of Health. 7 (14) The National Institute of Allergy and In- 8 fectious Diseases. 9 (15) Such other agencies as the Council deter- 10 mines to be appropriate. 11 (e) SPECIFIC ROLES AND RESPONSIBILITIES.— 12 13 (1) IN heads of agencies de- scribed in subsection (d) shall— 14 (A) make the GHSA and its implementa- 15 tion a high priority within their respective agen- 16 cies, and include GHSA-related activities within 17 their respective agencies’ strategic planning and 18 budget processes; 19 (B) designate a senior-level official to be 20 responsible for the implementation of this Act; 21 (C) designate, in accordance with sub- 22 section (d), an appropriate representative at the 23 Assistant Secretary level or higher to partici- 24 pate on the Council; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01784 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1785 1 (D) keep the Council apprised of GHSA- 2 related activities undertaken within their re- 3 spective agencies; 4 (E) maintain responsibility for agency-re- 5 lated programmatic functions in coordination 6 with host governments, country teams, and 7 GHSA in-country teams, and in conjunction 8 with other relevant agencies; 9 (F) coordinate with other agencies that are 10 identified in this section to satisfy pro- 11 grammatic goals, and further facilitate coordi- 12 nation of country teams, implementers, and do- 13 nors in host countries; and 14 (G) coordinate across GHSA national 15 plans and with GHSA partners to which the 16 United States is providing assistance. 17 (2) ADDITIONAL AND RESPONSIBIL- 18 ITIES.—In 19 described in paragraph (1), the heads of agencies de- 20 scribed in subsection (d) shall carry out their respec- 21 tive roles and responsibilities described in sub- 22 sections (b) through (i) of section 3 of Executive 23 Order 13747 (81 Fed. Reg. 78701; relating to Ad- 24 vancing the Global Health Security Agenda to 25 Achieve a World Safe and Secure from Infectious g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 ROLES 12:13 May 12, 2020 Jkt 000000 addition to the roles and responsibilities (763351 3) PO 00000 Frm 01785 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1786 1 Disease Threats), as in effect on the day before the 2 date of the enactment of this Act. 3 SEC. 191507. UNITED STATES COORDINATOR FOR GLOBAL 4 HEALTH SECURITY. 5 (a) IN GENERAL.—The President shall appoint an in- 6 dividual to the position of United States Coordinator for 7 Global Health Security, who shall be responsible for the 8 coordination of the interagency process for responding to 9 global health security emergencies. As appropriate, the 10 designee shall coordinate with the President’s Special Co11 ordinator for International Disaster Assistance. 12 (b) CONGRESSIONAL BRIEFING.—Not less frequently 13 than twice each year, the employee designated under this 14 section shall provide to the appropriate congressional com15 mittees a briefing on the responsibilities and activities of 16 the individual under this section. 17 SEC. 191508. SENSE OF CONGRESS. 18 It is the sense of the Congress that, given the complex 19 and multisectoral nature of global health threats to the 20 United States, the President— 21 (1) should consider appointing an individual 22 with significant background and expertise in public 23 health or emergency response management to the 24 position of United States Coordinator for Global 25 Health g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 Security, as required by øsection (763351 3) PO 00000 Frm 01786 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1787 1 191505(a)¿, who is an employee of the National Se- 2 curity Council at the level of Deputy Assistant to the 3 President or higher; and 4 (2) in providing assistance to implement the 5 strategy 6 should— required under øsection 191507(a)¿, 7 (A) coordinate, through a whole-of-govern- 8 ment approach, the efforts of relevant Federal 9 departments and agencies to implement the 10 strategy; 11 (B) seek to fully utilize the unique capa- 12 bilities of each relevant Federal department and 13 agency while collaborating with and leveraging 14 the contributions of other key stakeholders; and 15 (C) utilize open and streamlined solicita- 16 tions to allow for the participation of a wide 17 range of implementing partners through the 18 most appropriate procurement mechanisms, 19 which may include grants, contracts, coopera- 20 tive agreements, and other instruments as nec- 21 essary and appropriate. 22 SEC. 191509. STRATEGY AND REPORTS. 23 (a) STRATEGY.—The United States Coordinator for 24 Global Health Security (appointed under øsection 25 191505(a)¿) shall coordinate the development and imple- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01787 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1788 1 mentation of a strategy to implement the policy aims de2 scribed in øsection 191503¿, which shall— 3 (1) set specific and measurable goals, bench- 4 marks, timetables, performance metrics, and moni- 5 toring and evaluation plans that reflect international 6 best practices relating to transparency, account- 7 ability, and global health security; 8 (2) support and be aligned with country-owned 9 global health security policy and investment plans 10 developed with input from key stakeholders, as ap- 11 propriate; 12 (3) facilitate communication and collaboration, 13 as appropriate, among local stakeholders in support 14 of a multi-sectoral approach to global health secu- 15 rity; 16 (4) support the long-term success of programs 17 by building the capacity of local organizations and 18 institutions in target countries and communities; 19 20 (5) develop community resilience to infectious disease threats and emergencies; 21 (6) leverage resources and expertise through 22 partnerships with the private sector, health organi- 23 zations, civil society, nongovernmental organizations, 24 and health research and academic institutions; and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01788 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1789 1 (7) support collaboration, as appropriate, be- 2 tween United States universities, and public and pri- 3 vate institutions in target countries and communities 4 to promote health security and innovation. 5 (b) COORDINATION.—The President, acting through 6 the United States Coordinator for Global Health Security, 7 shall coordinate, through a whole-of-government approach, 8 the efforts of relevant Federal departments and agencies 9 in the implementation of the strategy required under sub10 section (a) by— 11 (1) establishing monitoring and evaluation sys- 12 tems, coherence, and coordination across relevant 13 Federal departments and agencies; and 14 (2) establishing platforms for regular consulta- 15 tion and collaboration with key stakeholders and the 16 appropriate congressional committees. 17 (c) STRATEGY SUBMISSION.— 18 (1) IN later than 180 days 19 after the date of the enactment of this Act, the 20 President, in consultation with the head of each rel- 21 evant Federal department and agency, shall submit 22 to the appropriate congressional committees the 23 strategy required under subsection (a) that provides 24 a detailed description of how the United States in- 25 tends to advance the policy set forth in øsection g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—Not 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01789 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1790 1 191503¿ and the agency-specific plans described in 2 paragraph (2). 3 (2) AGENCY-SPECIFIC strategy re- 4 quired under subsection (a) shall include specific im- 5 plementation plans from each relevant Federal de- 6 partment and agency that describes— 7 (A) the anticipated contributions of the de- 8 partment or agency, including technical, finan- 9 cial, and in-kind contributions, to implement 10 the strategy; and 11 (B) the efforts of the department or agen- 12 cy to ensure that the activities and programs 13 carried out pursuant to the strategy are de- 14 signed to achieve maximum impact and long- 15 term sustainability. 16 (d) REPORT.— 17 (1) IN GENERAL.—Not later than 1 year after 18 the date on which the strategy required under sub- 19 section (a) is submitted to the appropriate congres- 20 sional committees under subsection (c), and not later 21 than October 1 of each year thereafter, the Presi- 22 dent shall submit to the appropriate congressional 23 committees a report that describes the status of the 24 implementation of the strategy. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 PLANS.—The 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01790 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1791 1 2 (2) CONTENTS.—The report required under paragraph (1) shall— 3 (A) identify any substantial changes made 4 in the strategy during the preceding calendar 5 year; 6 (B) describe the progress made in imple- 7 menting the strategy; 8 (C) identify the indicators used to establish 9 benchmarks and measure results over time, as 10 well as the mechanisms for reporting such re- 11 sults in an open and transparent manner; 12 (D) contain a transparent, open, and de- 13 tailed accounting of expenditures by relevant 14 Federal departments and agencies to implement 15 the strategy, including, to the extent prac- 16 ticable, for each Federal department and agen- 17 cy, 18 amounts expended, partners, targeted popu- 19 lations, and types of activities supported; statutory source of expenditures, 20 (E) describe how the strategy leverages 21 other United States global health and develop- 22 ment assistance programs; 23 (F) assess efforts to coordinate United 24 States global health security programs, activi- 25 ties, and initiatives with key stakeholders; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 the 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01791 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1792 1 (G) incorporate a plan for regularly review- 2 ing and updating strategies, partnerships, and 3 programs and sharing lessons learned with a 4 wide range of stakeholders, including key stake- 5 holders, in an open, transparent manner; and 6 (H) describe the progress achieved and 7 challenges concerning the United States Gov- 8 ernment’s ability to advance the Global Health 9 Security Agenda across priority countries, in- 10 cluding data disaggregated by priority country 11 using indicators that are consistent on a year- 12 to-year basis and recommendations to resolve, 13 mitigate, or otherwise address the challenges 14 identified therein. 15 (e) FORM.—The strategy required under subsection 16 (a) and the report required under subsection (d) shall be 17 submitted in unclassified form but may contain a classi18 fied annex. 19 SEC. 191510. COMPLIANCE WITH THE FOREIGN AID TRANS- 20 PARENCY 21 2016. 22 AND ACCOUNTABILITY ACT OF Section 2(3) of the Foreign Aid Transparency and 23 Accountability Act of 2016 (Public Law 114–191; 22 24 U.S.C. 2394c note) is amended— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01792 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1793 1 (1) in subparagraph (C), by striking ‘‘and’’ at 2 the end; 3 (2) in subparagraph (D), by striking the period 4 at the end and inserting ‘‘; and’’; and 5 (3) by adding at the end the following: 6 ‘‘(E) the Global Health Security Act of 7 2020.’’. 8 SEC. 191511. DEFINITIONS. 9 In this subtitle: 10 (1) APPROPRIATE 11 TEES.—The 12 mittees’’ means— COMMIT- term ‘‘appropriate congressional com- 13 (A) the Committee on Foreign Affairs and 14 the Committee on Appropriations of the House 15 of Representatives; and 16 (B) the Committee on Foreign Relations 17 and the Committee on Appropriations of the 18 Senate. 19 (2) GLOBAL HEALTH SECURITY.—The term 20 ‘‘global health security’’ means activities supporting 21 epidemic and pandemic preparedness and capabili- 22 ties at the country and global levels in order to mini- 23 mize vulnerability to acute public health events that 24 can endanger the health of populations across geo- 25 graphical regions and international boundaries. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 CONGRESSIONAL 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01793 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1794 1 SEC. 191512. SUNSET. 2 This subtitle (other than section 191507), and the 3 amendments made by this subtitle, shall cease to be effec4 tive on December 31, 2024. Subtitle C—Securing America From Epidemics Act 5 6 7 SEC. 191513. FINDINGS. 8 Congress finds the following: 9 (1) Due to increasing population and popu- 10 lation density, human mobility, and ecological 11 change, emerging infectious diseases pose a real and 12 growing threat to global health security. 13 (2) While vaccines can be the most effective 14 tools to protect against infectious disease, the ab- 15 sence of vaccines for a new or emerging infectious 16 disease with epidemic potential is a major health se- 17 curity threat globally, posing catastrophic potential 18 human and economic costs. 19 (3) The 1918 influenza pandemic infected 20 500,000,000 people, or about one-third of the 21 world’s 22 50,000,000 people—more than died in the First 23 World War. at the time, and killed 24 (4) The economic cost of an outbreak can be 25 devastating. The estimated global cost today, should 26 an outbreak of the scale of the 1918 influenza pan- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 population 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01794 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1795 1 demic strike, is 5 percent of global gross domestic 2 product. 3 (5) Even regional outbreaks can have enormous 4 human costs and substantially disrupt the global 5 economy and cripple regional economies. The 2014 6 Ebola outbreak in West Africa killed more than 7 11,000 and cost $2,800,000,000 in losses in the af- 8 fected countries alone. 9 (6) The ongoing novel coronavirus outbreak re- 10 flects the pressing need for quick and effective vac- 11 cine and countermeasure development. 12 (7) While the need for vaccines to address 13 emerging epidemic threats is acute, markets to drive 14 the necessary development of vaccines to address 15 them—a complex and expensive undertaking—are 16 very often critically absent. Also absent are mecha- 17 nisms to ensure access to those vaccines by those 18 who need them when they need them. 19 (8) To address this global vulnerability and the 20 deficit of political commitment, institutional capac- 21 ity, and funding, in 2017, several countries and pri- 22 vate partners launched the Coalition for Epidemic 23 Preparedness Innovations (CEPI). CEPI’s mission 24 is to stimulate, finance, and coordinate development 25 of vaccines for high-priority, epidemic-potential g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01795 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1796 1 threats in cases where traditional markets do not 2 exist or cannot create sufficient demand. 3 (9) Through funding of partnerships, CEPI 4 seeks to bring priority vaccines candidates through 5 the end of phase II clinical trials, as well as support 6 vaccine platforms that can be rapidly deployed 7 against emerging pathogens. 8 (10) CEPI has funded multiple partners to de- 9 velop vaccine candidates against the novel 10 coronavirus, responding to this urgent, global re- 11 quirement. 12 (11) Support for and participation in CEPI is 13 an important part of the United States own health 14 security and biodefense and is in the national inter- 15 est, complementing the work of many Federal agen- 16 cies and providing significant value through global 17 partnership and burden-sharing. 18 SEC. 191514. AUTHORIZATION FOR UNITED STATES PAR- 19 20 TICIPATION. (a) IN GENERAL.—The United States is hereby au- 21 thorized to participate in the Coalition for Epidemic Pre22 paredness Innovations. 23 (b) PRIVILEGES AND IMMUNITIES.—The Coalition 24 for Epidemic Preparedness Innovations shall be consid25 ered a public international organization for purposes of g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01796 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1797 1 section 1 of the International Organizations Immunities 2 Act (22 U.S.C. 288). 3 (c) REPORTS TO CONGRESS.—Not later than 180 4 days after the date of the enactment of this Act, the Presi5 dent shall submit to the appropriate congressional com6 mittees a report that includes the following: 7 (1) The United States planned contributions to 8 the Coalition for Epidemic Preparedness Innovations 9 and the mechanisms for United States participation 10 in such Coalition. 11 (2) The manner and extent to which the United 12 States shall participate in the governance of the Co- 13 alition. 14 (3) How participation in the Coalition supports 15 relevant United States Government strategies and 16 programs in health security and biodefense, to in- 17 clude— 18 (A) the Global Health Security Strategy 19 required by section 7058(c)(3) of division K of 20 the Consolidated Appropriations Act, 2018 21 (Public Law 115–141); 22 (B) the applicable revision of the National 23 Biodefense Strategy required by section 1086 of 24 the National Defense Authorization Act for Fis- 25 cal Year 2017 (6 U.S.C. 104); and g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01797 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1798 1 (C) any other relevant decision-making 2 process for policy, planning, and spending in 3 global health security, biodefense, or vaccine 4 and medical countermeasures research and de- 5 velopment. 6 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 7 In this section, the term ‘‘appropriate congressional com8 mittees’’ means— 9 (1) the Committee on Foreign Affairs and the 10 Committee on Appropriations of the House of Rep- 11 resentatives; and 12 (2) the Committee on Foreign Relations and 13 the Committee on Appropriations of the Senate. 14 Subtitle D—Other Matters 15 SEC. 191515. AUTHORIZATION TO EXTEND MILLENNIUM 16 17 CHALLENGE COMPACTS. Notwithstanding the limitation in section 609(j) the 18 Millennium Challenge Act of 2003 (22 U.S.C. 7708), the 19 Millennium Challenge Corporation may extend any com20 pact in effect as of January 29, 2020, for up to one addi21 tional year to account for delays related to the spread of 22 coronavirus, if the Corporation provides to the Committee 23 on Foreign Affairs of the House of Representatives and 24 the Committee on Foreign Relations of the Senate a jus25 tification prior to providing any such extension. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01798 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1799 DIVISION T—ADDITIONAL OTHER MATTERS 1 2 3 SEC. 200001. APPLICATION OF LAW. 4 Notwithstanding any other provision of law, the pro- 5 hibition under section 213 of the Public Works and Eco6 nomic Development Act of 1965 (42 U.S.C. 3153) shall 7 not apply with respect to applications for grants made 8 under this Act or Public Law 116–136. 9 SEC. 200002. DISASTER RECOVERY OFFICE. 10 (a) IN GENERAL.—Section 601(d)(2) of the Public 11 Works and Economic Development Act of 1965 (42 12 U.S.C. 3211(d)(2)) is amended— 13 14 (1) by striking ‘‘(2) RELEASE.—’’ and inserting the following: 15 ‘‘(2) RELEASE.— 16 ‘‘(A) IN 17 and (2) by adding at the end the following: 18 ‘‘(B) REVOLVING LOAN FUND PROGRAM.— 19 The Secretary may release, subject to terms 20 and conditions the Secretary determines appro- 21 priate, the Federal Government’s interest in 22 connection with a grant under section 209(d) 23 not less than 7 years after final disbursement 24 of the grant, if— g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 GENERAL.—’’; 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01799 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1800 1 ‘‘(i) the recipient has carried out the 2 terms of the award in a satisfactory man- 3 ner; 4 ‘‘(ii) any proceeds realized from the 5 release of the Federal Government’s inter- 6 est will be used for one or more activities 7 that continue to carry out the economic de- 8 velopment purposes of this Act; and 9 ‘‘(iii) the recipient shall provide ade- 10 quate assurance to the Secretary that at 11 all times after release of the Federal Gov- 12 ernment’s interest in connection with the 13 grant, the recipient will be responsible for 14 continued compliance with the require- 15 ments of section 602 in the same manner 16 it was responsible prior to release of the 17 Federal Government’s interest and that 18 the recipient’s failure to comply shall result 19 in the Secretary taking appropriate action, 20 including, but not limited to, rescission of 21 the release and recovery of the Federal 22 share of the grant.’’. 23 (b) OFFICE OF DISASTER RECOVERY.—Title V of the 24 Public Works and Economic Development Act of 1965 (42 g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01800 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1801 1 U.S.C. 3191 et seq.) is amended by adding at the end 2 the following: 3 ‘‘SEC. 508. OFFICE OF DISASTER RECOVERY. 4 ‘‘(a) IN GENERAL.—The Secretary shall create an 5 Office of Disaster Recovery to direct and implement the 6 Agency’s post-disaster economic recovery responsibilities 7 pursuant to sections 209(c)(2) and 703. 8 ‘‘(b) AUTHORIZATION.—The Secretary is authorized 9 to appoint and fix the compensation of such temporary 10 personnel as may be necessary to implement disaster re11 covery measures, without regard to the provisions of title 12 5, United States Code, governing appointments in the 13 competitive service.’’. 14 (c) CLERICAL AMENDMENT.—The table of contents 15 for the Public Works and Economic Development Act of 16 1965 is amended by inserting after the item relating to 17 section 507 the following new item: ‘‘Sec. 508. Office of Disaster Recovery.’’. 18 SEC. 200003. APPLICATION OF BUY AMERICAN. 19 Chapter 83 of title 41, United States Code, shall not 20 apply with respect to purchases made in response to the 21 emergency declared by the President on March 13, 2020, 22 under section 501 of the Robert T. Stafford Disaster Re23 lief and Emergency Assistance Act (42 U.S.C. 5191) and 24 under any subsequent major disaster declaration under g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01801 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1802 1 section 401 of such Act that supersedes such emergency 2 declaration. 3 SEC. 200004. PREMIUM PAY AUTHORITY. 4 (a) IN GENERAL.—If services performed during cal- 5 endar year 2020 or 2021 are determined by the head of 6 the agency to be primarily related to response or recovery 7 operations arising out of an emergency or major disaster 8 declared pursuant to the Robert T. Stafford Disaster Re9 lief and Emergency Assistance Act (42 U.S.C. 5121 et 10 seq.), any premium pay that is funded, either directly or 11 through reimbursement, by the Federal Emergency Man12 agement Agency shall be exempted from the aggregate of 13 basic pay and premium pay calculated under section 14 5547(a) of title 5, United States Code, and any other pro15 vision of law limiting the aggregate amount of premium 16 pay payable on a biweekly or calendar year basis. 17 (b) OVERTIME AUTHORITY.—Any overtime that is 18 funded for such services described in subsection (a), either 19 directly or through reimbursement, by the Federal Emer20 gency Management Agency shall be exempted from any 21 annual limit on the amount of overtime payable in a cal22 endar or fiscal year. 23 (c) APPLICABILITY OF AGGREGATE LIMITATION ON 24 PAY.—In determining whether an employee’s pay exceeds 25 the applicable annual rate of basic pay payable under sec- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01802 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1803 1 tion 5307 of title 5, United States Code, the head of an 2 Executive agency shall not include pay exempted under 3 this section. 4 (d) LIMITATION OF PAY AUTHORITY.—Pay exempted 5 from otherwise applicable limits under subsection (a) shall 6 not cause the aggregate pay earned for the calendar year 7 in which the exempted pay is earned to exceed the rate 8 of basic pay payable for a position at level II of the Execu9 tive Schedule under section 5313 of title 5, United States 10 Code. 11 (e) EFFECTIVE DATE.—This section shall take effect 12 as if enacted on January 1, 2020. 13 SEC. 200005. COST SHARE. 14 Assistance provided under the emergency declaration 15 issued by the President on March 13, 2020, pursuant to 16 section 501(b) of the Robert T. Stafford Disaster Relief 17 and Emergency Assistance Act (42 U.S.C. 5191(b)), and 18 under any subsequent major disaster declaration under 19 section 401 of such Act (42 U.S.C. 5170) that supersedes 20 such emergency declaration, shall be at a 100 percent 21 Federal cost share. 22 SEC. 200006. CLARIFICATION OF ASSISTANCE. 23 (a) IN GENERAL.—For the emergency declared on 24 March 13, 2020 by the President under section 501 of 25 the Robert T. Stafford Disaster Relief and Emergency As- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01803 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1804 1 sistance Act (42 U.S.C. 5191), the President may provide 2 assistance for activities, costs, and purchases of States or 3 local governments or the owners or operators of eligible 4 private nonprofit organizations, including— 5 (1) activities eligible for assistance under sec- 6 tions 301, 415, 416, and 426 of the Robert T. Staf- 7 ford Disaster Relief and Emergency Assistance Act 8 (42 U.S.C. 5141, 5182, 5183, 5189d); 9 10 (2) backfill costs for first responders and other essential employees who are ill or quarantined; 11 (3) increased operating costs for essential gov- 12 ernment services due to such emergency, including 13 costs for implementing continuity plans, and shel- 14 tering or housing for first responders, emergency 15 managers, health providers and other essential em- 16 ployees; 17 (4) costs of providing guidance and information 18 to the public and for call centers to disseminate such 19 guidance and information; 20 21 (5) costs associated with establishing and operating virtual services; 22 23 (6) costs for establishing and operating remote test sites; g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01804 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1805 1 (7) training provided specifically in anticipation 2 of or in response to the event on which such emer- 3 gency declaration is predicated; 4 (8) personal protective equipment and other 5 critical supplies for first responders and other essen- 6 tial employees; 7 (9) medical equipment, regardless of whether 8 such equipment is used for emergency or inpatient 9 care; 10 11 (10) public health costs, including provision and distribution of medicine and medical supplies; 12 (11) costs associated with maintaining alternate 13 care facilities or related facilities currently inactive 14 but related to future needs tied to the ongoing pan- 15 demic event; 16 (12) costs of establishing and operating shelters 17 and providing services, including transportation, that 18 help alleviate the need of individuals for shelter, in- 19 cluding individuals transitioning out of detention; 20 and 21 (13) costs of procuring and distributing food to 22 individuals affected by the pandemic through net- 23 works established by State, local, or Tribal govern- 24 ments or other organizations, including restaurants g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01805 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1806 1 and farms, and for the purchase of food directly 2 from food producers and farmers. 3 (b) APPLICATION 4 ASTER.—The TO SUBSEQUENT MAJOR DIS- activities described in subsection (a) may 5 also be eligible for assistance under any major disaster de6 clared by the President under section 401 of such Act (42 7 U.S.C. 5170) that supersedes the emergency declaration 8 described in such subsection. 9 10 (c) FINANCIAL ASSISTANCE PENSES.—For FOR FUNERAL EX- any emergency or major disaster described 11 in subsection (a) or subsection (b), the President shall pro12 vide financial assistance to an individual or household to 13 meet disaster-related funeral expenses under section 14 408(e)(1) of such Act (42 U.S.C. 5174(e)). 15 (d) ADVANCED ASSISTANCE.—In order to facilitate 16 activities under this section, the Administrator of the Fed17 eral Emergency Management Agency may provide assist18 ance in advance to an eligible applicant if a failure to do 19 so would prevent the applicant from carrying out such ac20 tivities. 21 (e) RULE OF CONSTRUCTION.—Nothing in this sec- 22 tion shall be construed to make ineligible any assistance 23 that would otherwise be eligible under section 403, 408, 24 or 502 of such Act (42 U.S.C. 5170b, 5174, 5192). g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01806 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1807 1 SEC. 200007. SAFETY UPGRADES IN GSA FACILITIES. 2 (a) FACILITY SAFETY UPGRADES.—Not later than 3 60 days after the date of enactment of this Act, the Ad4 ministrator of the General Services Administration shall 5 take such actions as are necessary to prevent airborne 6 transmission of COVID–19 through air conditioning, 7 heating, ventilating, and water systems in facilities owned 8 or leased by the General Services Administration to ensure 9 safe and healthy indoor environments for Federal employ10 ees. 11 (b) PRIORITIES.—Any projects carried out by the Ad- 12 ministrator to carry out this section shall prioritize indoor 13 air and water environmental quality in facilities and en14 ergy-saving building technologies and products. 15 SEC. 200008. NON-FEDERAL TENANTS IN GSA FACILITIES. 16 17 (a) PROHIBITION ON REFERRAL TO DEBT COLLEC- AGENCIES.—Administrator of the General Services TION 18 Administration may not refer any non-Federal tenants of 19 facilities owned by the Administration to a debt collection 20 agency during the national emergency declared by the 21 President under the National Emergencies Act (50 U.S.C. 22 1601 et seq.) relating to COVID–19. 23 (b) REPORT ON RENT DEFERRAL REQUESTS.—Not 24 later than 30 days after the date of enactment of this Act, 25 the Administrator of the General Services Administration 26 shall submit to Congress a report containing all requests g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01807 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1808 1 for rent deferrals related to COVID–19 from non-Federal 2 tenants of facilities owned by the Administration. 3 SEC. 200009. TRANSIT COVID–19 REQUIREMENTS. 4 (a) IN GENERAL.—For the duration of the national 5 emergency declared by the President under the National 6 Emergencies Act (50 U.S.C. 1601 et seq.) related to the 7 pandemic of SARS–CoV–2 or coronavirus disease 2019 8 (COVID–19), recipients of funds under section 5307 of 9 title 49, United States Code, that serve an urbanized area 10 with a population of at least 500,000 individuals and that 11 provided a minimum of 20,000,000 unlinked passenger 12 trips in the most recent year for which data is available 13 shall— 14 (1) require each passenger to wear a mask or 15 protective face covering while on board a public 16 transportation vehicle; 17 (2) provide masks or protective face coverings, 18 gloves, and hand santizer and wipes with sufficient 19 alcohol content to operators, station managers, and 20 other employees or contractors whose job respon- 21 sibilities include interaction with passengers; 22 (3) ensure public transportation vehicles oper- 23 ated by such public transportation provider are 24 cleaned, disinfected, and sanitized frequently in ac- 25 cordance with Centers for Disease Control and Pre- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01808 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1809 1 vention guidance and ensure that employees or con- 2 tractors whose job responsibilities involve such clean- 3 ing, disinfecting, or sanitizing are provided masks or 4 protective face coverings and gloves; 5 (4) ensure stations and enclosed facilities 6 owned, operated, or used by such public transpor- 7 tation provider, including facilities used for training 8 or performance of indoor maintenance, repair, or 9 overhaul work, are cleaned, disinfected, and sani- 10 tized frequently in accordance with Centers for Dis- 11 ease Control and Prevention guidance and ensure 12 that employees or contractors whose job responsibil- 13 ities include such cleaning, disinfecting, or sanitizing 14 are provided masks or other protective face cov- 15 erings and gloves; and 16 (5) establish guidelines, or adhere to applicable 17 guidelines, for notifying employees of a confirmed 18 COVID–19 diagnosis of an employee of such public 19 transportation provider. 20 (b) IMPLEMENTATION.—The implementation of the 21 requirement under subsection (a)(1) shall be carried out 22 in a manner determined by the provider of public trans23 portation. 24 (c) AVAILABILITY.—If a provider of public transpor- 25 tation is unable to acquire any of the items needed to com- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01809 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1810 1 ply with paragraph (2), (3), or (4) of subsection (a) due 2 to market unavailability, such provider shall— 3 (1) prepare and make public documentation 4 demonstrating what actions have been taken to ac- 5 quire such items; and 6 (2) continue efforts to acquire such items until 7 they become available. 8 SEC. 200010. REGULATION OF ANCHORAGE AND MOVEMENT 9 OF VESSELS DURING NATIONAL EMERGENCY. 10 Section 70051 of title 46, United States Code, is 11 amended— 12 (1) in the section heading by inserting ‘‘or 13 public health emergency’’ after ‘‘national 14 emergency’’; 15 (2) by inserting ‘‘or whenever the Secretary of 16 Health and Human Services determines a public 17 health emergency exists,’’ after ‘‘international rela- 18 tions of the United States’’; 19 (3) by inserting ‘‘or to ensure the safety of ves- 20 sels and persons in any port and navigable water- 21 way,’’ after ‘‘harbor or waters of the United States’’; 22 (4) by inserting ‘‘or public health emergency,’’ 23 after ‘‘subversive activity’’; and 24 (5) by inserting ‘‘or to ensure the safety of ves- 25 sels and persons in any port and navigable water- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01810 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1811 1 way,’’ after ‘‘injury to any harbor or waters of the 2 United States,’’. 3 SEC. 200011. MSP OPERATING VESSELS. 4 Notwithstanding part 296 of title 46, Code of Federal 5 Regulations, until December 31, 2020, or upon the written 6 determination of the Secretary of Transportation until 7 June 31, 2021, the operator of a vessel operating such 8 vessel under an MSP Operating Agreement (as such term 9 is defined in section 296.2 of title 46, Code of Federal 10 Regulations)— 11 (1) shall not be required to comply with any re- 12 quirement with respect to operating days (as such 13 term is defined in such section) contained in such 14 agreement; and 15 (2) shall maintain such vessel in a state of 16 operational readiness, including through the employ- 17 ment of the vessel’s crew complement, until the ap- 18 plicable date. 19 SEC. 200012. EXTENSION OF PERIOD OF PERFORMANCE 20 FOR 21 SERVICE CONTRACTS. 22 LIBRARY OF CONGRESS SEVERABLE (a) EXTENSION.—Notwithstanding sections 3902(a) 23 and 3904(b) of title 41, United States Code, if the per24 formance or delivery of services procured under a sever- g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01811 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1812 1 able service contract of the Library of Congress is delayed 2 or otherwise affected by the COVID–19 Pandemic— 3 (1) the period for the performance or delivery 4 of services under the contract may be extended for 5 an additional period not exceeding 12 months; and 6 (2) funds shall remain available for obligation 7 and expenditure under the contract until the per- 8 formance or delivery of the services is completed. 9 (b) CONTRACTS COVERED.—This section applies with 10 respect to contracts for services procured for a period be11 ginning in fiscal year 2019 or fiscal year 2020. 12 SEC. 200013. COVERAGE OF COMMUTING EXPENSES UNDER 13 AUTHORITY OF ARCHITECT OF THE CAPITOL 14 TO MAKE EXPENDITURES IN RESPONSE TO 15 EMERGENCIES. 16 (a) COVERAGE OF COMMUTING EXPENSES.—Section 17 1305(a)(2) of the Legislative Branch Appropriations Act, 18 2010 (2 U.S.C. 1827(a)(2)) is amended by inserting after 19 ‘‘refreshments,’’ the following: ‘‘transportation and other 20 related expenses incurred by employees in commuting be21 tween their residence and their place of employment,’’. 22 (b) EFFECTIVE DATE.—The amendment made by 23 subsection (a) shall apply with respect to fiscal year 2020 24 and each succeeding fiscal year. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01812 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1813 1 SEC. 200014. REPORTS ON SUICIDE AMONG MEMBERS OF 2 THE ARMED FORCES DURING THE COVID–19 3 PUBLIC HEALTH EMERGENCY. 4 (a) REPORT REQUIRED.—Not later than 90 days 5 after the date of the enactment of this Act, and monthly 6 thereafter through December 31, 2021, the Secretary of 7 Defense shall submit to the congressional defense commit8 tees a report on suicide among members of the Armed 9 Forces during the covered public health emergency. 10 (b) ELEMENTS.—Each report under subsection (a) 11 shall include, with respect to the months covered by the 12 report, the following: 13 (1) Incidents of suicide, attempted suicide, and 14 suicidal ideation by a member of the Armed Forces, 15 including the reserve components, listed by Armed 16 Force. 17 (2) The incidents identified under paragraph 18 (1) that occurred during a period of active service by 19 a member in support of— 20 (A) a contingency operation; or 21 (B) an operation in response to a covered 22 public health emergency. 23 (3) With respect to the member involved in 24 each incident identified under paragraph (2): 25 (A) Gender. 26 (B) Age. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01813 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1814 1 (C) Rank. 2 (D) Method of suicide or attempted sui- 3 cide. 4 (4) Elements of a research agenda for the De- 5 partment of Defense to establish suicide prevention 6 treatment and risk communication for members of 7 the Armed Forces that is— 8 (A) evidence-based; 9 (B) effective; and 10 (C) designed to apply to a covered public 11 12 health emergency. (c) DEFINITIONS.—In this section: 13 (1) The terms ‘‘active service’’, ‘‘congressional 14 defense committees’’, and ‘‘contingency operation’’ 15 have the meanings given those terms in section 101 16 of title 10, United States Code. 17 18 (2) The term ‘‘covered public health emergency’’ means the declaration— 19 (A) of a public health emergency, based on 20 an outbreak of COVID–19, by the Secretary of 21 Health and Human Services under section 319 22 of the Public Health Service Act (42 U.S.C. 23 247d); or g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01814 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X G:\CMTE\AP\16\FY20\_D\HEROES.XML 1815 1 (B) of a domestic emergency, based on an 2 outbreak of COVID–19, by the President or the 3 Secretary of Homeland Security. 4 SEC. 200015. MODIFICATION TO MAINTENANCE OF EFFORT 5 REQUIREMENT FOR TEMPORARY INCREASE 6 IN MEDICAID FMAP. 7 (a) IN GENERAL.—Section 6008(b)(1) of the Fami- 8 lies First Coronavirus Response Act (42 U.S.C. 1396d 9 note) is amended by inserting ‘‘, or as signed into State 10 law on April 15, 2020, and taking effect in State law on 11 April 3, 2020’’ after ‘‘January 1, 2020’’. 12 (b) EFFECTIVE DATE.—The amendment made by 13 subsection (a) shall take effect as if included in the enact14 ment of the Families First Coronavirus Response Act. g:\VHLC\051220\051220.072.xml May 12, 2020 (12:13 p.m.) VerDate Mar 15 2010 12:13 May 12, 2020 Jkt 000000 (763351 3) PO 00000 Frm 01815 Fmt 6652 Sfmt 6201 C:\USERS\MSJOYNER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\HEROES.X