U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml 116TH CONGRESS 2D SESSION SEN. APPRO. S. ll Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes. IN THE SENATE OF THE UNITED STATES Mr. SHELBY JULY 27, 2020 introduced the following bill; which was read twice and referred to the Committee on llllllllll A BILL Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Coronavirus Response 5 Additional Supplemental Appropriations Act, 2020’’. 6 SEC. 2. TABLE OF CONTENTS. 7 The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 2 DIVISION A—CORONAVIRUS RESPONSE ADDITIONAL SUPPLEMENTAL APPROPRIATIONS ACT, 2020 DIVISION B—OTHER MATTERS 1 SEC. 3. REFERENCES. 2 Except as expressly provided otherwise, any reference 3 to ‘‘this Act’’ contained in any division of this Act shall 4 be treated as referring only to the provisions of that divi5 sion. 9 DIVISION A—CORONAVIRUS RESPONSE ADDITIONAL SUPPLEMENTAL APPROPRIATIONS ACT, 2020 10 The following sums are hereby are appropriated, out 6 7 8 11 of any money in the Treasury not otherwise appropriated, 12 for the fiscal year ending September 30, 2020, and for 13 other purposes, namely: 14 TITLE I 15 AGRICULTURAL PROGRAMS 16 17 OFFICE OF THE SECRETARY For an additional amount for the ‘‘Office of the Sec- 18 retary’’, $20,000,000,000, to remain available until ex19 pended, to prevent, prepare for, and respond to 20 coronavirus by providing support for agricultural pro21 ducers, growers, and processors impacted by coronavirus, 22 including producers, growers, and processors of specialty 23 crops, non-specialty crops, dairy, livestock and poultry, in- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 3 1 cluding livestock and poultry depopulated due to insuffi2 cient processing access and growers who produce livestock 3 or poultry under a contract for another entity: Provided, 4 That such amount is designated by the Congress as being 5 for an emergency requirement pursuant to section 6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 7 Deficit Control Act of 1985. 8 FARM PRODUCTION AND CONSERVATION 9 PROGRAMS 10 FARM SERVICE AGENCY 11 SALARIES AND EXPENSES 12 For an additional amount for ‘‘Salaries and Ex- 13 penses’’, $76,400,000, to remain available until September 14 30, 2021, to prevent, prepare for, and respond to 15 coronavirus, domestically or internationally, including nec16 essary expenses to hire temporary staff and overtime ex17 penses: Provided, That such amount is designated by the 18 Congress as being for an emergency requirement pursuant 19 to section 251(b)(2)(A)(i) of the Balanced Budget and 20 Emergency Deficit Control Act of 1985. 21 RURAL DEVELOPMENT PROGRAMS 22 RURAL DEVELOPMENT 23 SALARIES AND EXPENSES 24 For an additional amount for ‘‘Salaries and Ex- 25 penses’’, $20,000,000, to remain available until September July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 4 1 30, 2021, to prevent, prepare for, and respond to 2 coronavirus, domestically or internationally, including ad3 ministrative expenses: Provided, That such amount is des4 ignated by the Congress as being for an emergency re5 quirement pursuant to section 251(b)(2)(A)(i) of the Bal6 anced Budget and Emergency Deficit Control Act of 1985. 7 8 RENTAL ASSISTANCE PROGRAM For an additional amount for ‘‘Rental Assistance 9 Program’’, $113,400,000, to remain available until Sep10 tember 30, 2021, to prevent, prepare for, and respond to 11 coronavirus, domestically or internationally, which shall be 12 for necessary expenses related to the rental assistance pro13 gram under section 521(a)(2) of the Housing Act of 1949 14 for temporary adjustment of wage income losses for resi15 dents of housing financed or assisted under section 514, 16 515, or 516 of such Act: Provided, That such amount is 17 designated by the Congress as being for an emergency re18 quirement pursuant to section 251(b)(2)(A)(i) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 20 21 22 23 DOMESTIC FOOD PROGRAMS FOOD AND NUTRITION SERVICE NUTRITION PROGRAMS ADMINISTRATION For an additional amount for ‘‘Nutrition Programs 24 Administration’’, $250,000, to remain available until Sep25 tember 30, 2021, to prevent, prepare for, and respond to July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 5 1 coronavirus, domestically or internationally, which shall be 2 for necessary expenses related to overtime expenses: 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 FOREIGN ASSISTANCE AND RELATED 8 PROGRAMS 9 FOREIGN AGRICULTURAL SERVICE 10 11 SALARIES AND EXPENSES For an additional amount for ‘‘Salaries and Ex- 12 penses’’, $2,000,000, to remain available until September 13 30, 2021, to prevent, prepare for, and respond to 14 coronavirus, domestically or internationally, including nec15 essary expenses to relocate employees and their depend16 ents back from overseas posts: Provided, That such 17 amount is designated by the Congress as being for an 18 emergency requirement pursuant to section 19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 20 Deficit Control Act of 1985. 21 GENERAL PROVISION—THIS TITLE 22 (INCLUDING TRANSFER OF FUNDS) 23 SEC. 101. For necessary expenses for salary and re- 24 lated costs associated with Agriculture Quarantine and In25 spection Services activities pursuant to 21 U.S.C. 136a(6), July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 6 1 and in addition to any other funds made available for this 2 purpose, there is appropriated, out of any money in the 3 Treasury not otherwise appropriated, $245,000,000, to re4 main available until September 30, 2022, to offset the loss 5 resulting from the coronavirus pandemic of quarantine 6 and inspection fees collected pursuant to sections 2508 7 and 2509 of the Food, Agriculture, Conservation, and 8 Trade Act of 1990 (21 U.S.C. 136, 136a): Provided, That 9 amounts made available in this section and under the 10 heading ‘‘Animal and Plant Health Inspection Service— 11 Salaries and Expenses’’ in the Coronavirus Aid, Relief, 12 and Economic Security Act (Public Law 116–136) shall 13 be treated as funds collected by fees authorized under sec14 tions 2508 and 2509 of the Food, Agriculture, Conserva15 tion, and Trade Act of 1990 (21 U.S.C. 136, 136a) for 16 purposes of section 421(f) of the Homeland Security Act 17 of 2002 (6 U.S.C. 231(f)): Provided further, That, the 18 amounts repurposed in this section that were previously 19 designated by the Congress as an emergency requirement 20 pursuant to the Balanced Budget and Emergency Deficit 21 Control Act of 1985 are designated by the Congress as 22 an emergency requirement pursuant to section 23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 24 Deficit Control Act of 1985: Provided further, That such 25 amount is designated by the Congress as being for an July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 7 1 emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 8 1 TITLE II 2 DEPARTMENT OF COMMERCE 3 4 5 BUREAU OF THE CENSUS PERIODIC CENSUSES AND PROGRAMS For an additional amount for ‘‘Periodic Censuses and 6 Programs’’, $448,000,000, to remain available until Sep7 tember 30, 2022, to prevent, prepare for, and respond to 8 coronavirus, domestically or internationally, which shall be 9 for field operations and data processing related to the 10 2020 Decennial Census: Provided, That such amount is 11 designated by the Congress as being for an emergency re12 quirement pursuant to section 251(b)(2)(A)(i) of the Bal13 anced Budget and Emergency Deficit Control Act of 1985. 14 NATIONAL OCEANIC AND ATMOSPHERIC 15 ADMINISTRATION 16 PROCUREMENT, ACQUISITION AND CONSTRUCTION 17 For an additional amount for ‘‘Procurement, Acquisi- 18 tion and Construction’’, $20,000,000, to remain available 19 until September, 30, 2023, to prevent, prepare for, and 20 respond to coronavirus, domestically or internationally, 21 which shall be for supporting continuity of National 22 Weather Service life and property related operations: Pro23 vided, That such amount is designated by the Congress 24 as being for an emergency requirement pursuant to sec- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 9 1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 3 4 FISHERIES DISASTER ASSISTANCE For an additional amount for ‘‘Fisheries Disaster As- 5 sistance’’, $500,000,000, to remain available until Sep6 tember 30, 2021, to prevent, prepare for, and respond to 7 coronavirus, domestically or internationally, which shall be 8 for activities authorized under section 12005 of the 9 Coronavirus Aid, Relief, and Economic Security Act (Pub10 lic Law 116–136): Provided, That the formula prescribed 11 by the Secretary of Commerce to allocate the amount pro12 vided under this heading in this Act shall be divided pro13 portionally to States, Tribes, and territories and shall be 14 the same as the formula used for funds appropriated 15 under section 12005 of Public Law 116–136, but shall be 16 calculated to also evenly weight the 5-year total annual 17 average domestic landings for each State, Tribe, and terri18 tory: Provided further, That the amount provided under 19 this heading in this Act shall only be allocated to States 20 of the United States in, or bordering on, the Atlantic, Pa21 cific, or Arctic Ocean, or the Gulf of Mexico, as well as 22 to Puerto Rico, the Virgin Islands, Guam, the Common23 wealth of the Northern Mariana Islands, American 24 Samoa, Federally Recognized Tribes on the West Coast, 25 and Federally Recognized Tribes in Alaska: Provided fur- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 10 1 ther, That no State, Tribe, or territory shall receive a total 2 amount in a fiscal year that is from amounts provided 3 under either section 12005 of Public Law 116–136 or 4 amounts provided under this heading in this Act that ex5 ceeds that State, Tribe, or territory’s total annual average 6 revenue from commercial fishing operations, aquaculture 7 firms, the seafood supply chain, and charter fishing busi8 nesses: 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 JUSTICE 13 UNITED STATES MARSHALS SERVICE 14 FEDERAL PRISONER DETENTION 15 For an additional amount for ‘‘United States Mar- 16 shals Service, Federal Prisoner Detention’’, $80,000,000, 17 to remain available until expended, to prevent, prepare for, 18 and respond to coronavirus, domestically or internation19 ally, including for necessary expenses related to United 20 States prisoners in the custody of the United States Mar21 shals Service, to be used only as authorized by section 22 4013 of title 18, United States Code: Provided, That such 23 amount is designated by the Congress as being for an 24 emergency July 27, 2020 (3:54 p.m.) requirement pursuant to section U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 11 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 4 5 FEDERAL BUREAU OF INVESTIGATION SALARIES AND EXPENSES For an additional amount for ‘‘Federal Bureau of In- 6 vestigation, Salaries and Expenses’’, $212,985,000, to re7 main available until September 30, 2021, to prevent, pre8 pare for, and respond to coronavirus, domestically or 9 internationally, including the impact of coronavirus on the 10 work of the Department of Justice and to offset the loss 11 resulting from the coronavirus pandemic of fees collected 12 pursuant to section 41104 of title 34, United States Code: 13 Provided, 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 18 CONSTRUCTION For an additional amount for ‘‘Federal Bureau of In- 19 vestigation, Construction’’, $1,750,000,000, to remain 20 available until expended, to prevent, prepare for, and re21 spond to coronavirus, domestically or internationally: Pro22 vided, That amounts made available under this heading 23 in this Act shall be for the design and construction of a 24 Washington, DC headquarters facility for the Federal Bu25 reau of Investigation: Provided further, That such July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 12 1 amounts shall be in addition to any other amounts avail2 able for such purposes: Provided further, That such 3 amount is designated by the Congress as being for an 4 emergency requirement pursuant to section 5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 6 Deficit Control Act of 1985. 7 BUREAU OF ALCOHOL, TOBACCO, FIREARMS 8 EXPLOSIVES 9 SALARIES AND EXPENSES 10 AND For an additional amount for ‘‘Bureau of Alcohol, 11 Tobacco, Firearms and Explosives, Salaries and Ex12 penses’’, $36,400,000, to remain available until September 13 30, 2021, to prevent, prepare for, and respond to 14 coronavirus, domestically or internationally, including the 15 impact of coronavirus on the work of the Department of 16 Justice: Provided, That such amount is designated by the 17 Congress as being for an emergency requirement pursuant 18 to section 251(b)(2)(A)(i) of the Balanced Budget and 19 Emergency Deficit Control Act of 1985. 20 FEDERAL PRISON SYSTEM 21 SALARIES AND EXPENSES 22 For an additional amount for ‘‘Federal Prison Sys- 23 tem, Salaries and Expenses’’, $200,000,000, to remain 24 available until September 30, 2021, to prevent, prepare 25 for, and respond to coronavirus, domestically or inter- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 13 1 nationally, including the impact of coronavirus on the 2 work of the Department of Justice: 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 8 SCIENCE NATIONAL AERONAUTICS 9 10 AND SPACE ADMINISTRATION SCIENCE For an additional amount for ‘‘Science’’ 11 $224,000,000, to remain available until September 30, 12 2021, to prevent, prepare for, and respond to coronavirus, 13 domestically or internationally, which shall be for expenses 14 of modifications of the terms and conditions of contracts 15 and agreements as authorized in section 3610 of division 16 A of Public Law 116–136: Provided, That amounts made 17 available under this heading in this Act shall be in addi18 tion to any other amounts available for such purposes: 19 Provided further, That such amount is designated by the 20 Congress as being for an emergency requirement pursuant 21 to section 251(b)(2)(A)(i) of the Balanced Budget and 22 Emergency Deficit Control Act of 1985. 23 24 AERONAUTICS For an additional amount for ‘‘Aeronautics’’ 25 $28,700,000, to remain available until September 30, July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 14 1 2021, to prevent, prepare for, and respond to coronavirus, 2 domestically or internationally, which shall be for expenses 3 of modifications of the terms and conditions of contracts 4 and agreements as authorized in section 3610 of division 5 A of Public Law 116–136: Provided, That amounts made 6 available under this heading in this Act shall be in addi7 tion to any other amounts available for such purposes: 8 Provided further, That such amount is designated by the 9 Congress as being for an emergency requirement pursuant 10 to section 251(b)(2)(A)(i) of the Balanced Budget and 11 Emergency Deficit Control Act of 1985. 12 13 SPACE TECHNOLOGY For an additional amount for ‘‘Space Technology’’ 14 $29,750,000, to remain available until September 30, 15 2021, to prevent, prepare for, and respond to coronavirus, 16 domestically or internationally, which shall be for expenses 17 of modifications of the terms and conditions of contracts 18 and agreements as authorized in section 3610 of division 19 A of Public Law 116–136: Provided, That amounts made 20 available under this heading in this Act shall be in addi21 tion to any other amounts available for such purposes: 22 Provided further, That such amount is designated by the 23 Congress as being for an emergency requirement pursuant 24 to section 251(b)(2)(A)(i) of the Balanced Budget and 25 Emergency Deficit Control Act of 1985. 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APPRO. 15 1 2 EXPLORATION For an additional amount for ‘‘Exploration’’ 3 $818,200,000, to remain available until September 30, 4 2021, to prevent, prepare for, and respond to coronavirus, 5 domestically or internationally, which shall be for expenses 6 of modifications of the terms and conditions of contracts 7 and agreements as authorized in section 3610 of division 8 A of Public Law 116–136: Provided, That amounts made 9 available under this heading in this Act shall be in addi10 tion to any other amounts available for such purposes: 11 Provided further, 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 16 SPACE OPERATIONS For an additional amount for ‘‘Space Operations’’ 17 $181,650,000, to remain available until September 30, 18 2021, to prevent, prepare for, and respond to coronavirus, 19 domestically or internationally, which shall be for expenses 20 of modifications of the terms and conditions of contracts 21 and agreements as authorized in section 3610 of division 22 A of Public Law 116–136: Provided, That amounts made 23 available under this heading in this Act shall be in addi24 tion to any other amounts available for such purposes: 25 Provided further, That such amount is designated by the July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 16 1 Congress as being for an emergency requirement pursuant 2 to section 251(b)(2)(A)(i) of the Balanced Budget and 3 Emergency Deficit Control Act of 1985. 4 SCIENCE, TECHNOLOGY, ENGINEERING, AND 5 MATHEMATICS ENGAGEMENT 6 For an additional amount for ‘‘Science, Technology, 7 Engineering, and Mathematics Engagement’’ $4,900,000, 8 to remain available until September 30, 2021, to prevent, 9 prepare for, and respond to coronavirus, domestically or 10 internationally, which shall be for expenses of modifica11 tions of the terms and conditions of contracts and agree12 ments as authorized in section 3610 of division A of Public 13 Law 116–136: Provided, That amounts made available 14 under this heading in this Act shall be in addition to any 15 other amounts available for such purposes: Provided fur16 ther, That such amount is designated by the Congress as 17 being for an emergency requirement pursuant to section 18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 19 Deficit Control Act of 1985. 20 21 SAFETY, SECURITY AND MISSION SERVICES For an additional amount for ‘‘Safety, Security and 22 Mission Services’’ $91,700,000, to remain available until 23 September 30, 2021, to prevent, prepare for, and respond 24 to coronavirus, domestically or internationally, which shall 25 be for expenses of modifications of the terms and condi- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 17 1 tions of contracts and agreements as authorized in section 2 3610 of division A of Public Law 116–136: Provided, That 3 amounts made available under this heading in this Act 4 shall be in addition to any other amounts available for 5 such purposes: Provided further, That such amount is des6 ignated by the Congress as being for an emergency re7 quirement pursuant to section 251(b)(2)(A)(i) of the Bal8 anced Budget and Emergency Deficit Control Act of 1985. 9 10 11 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION For an additional amount for ‘‘Construction and En- 12 vironmental Compliance and Restoration’’ $121,100,000, 13 to remain available until September 30, 2021, to prevent, 14 prepare for, and respond to coronavirus, domestically or 15 internationally, which shall be for expenses of modifica16 tions of the terms and conditions of contracts and agree17 ments as authorized in section 3610 of division A of Public 18 Law 116–136: Provided, That amounts made available 19 under this heading in this Act shall be in addition to any 20 other amounts available for such purposes: Provided fur21 ther, That such amount is designated by the Congress as 22 being for an emergency requirement pursuant to section 23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 24 Deficit Control Act of 1985. 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APPRO. 18 1 TITLE III 2 DEPARTMENT OF DEFENSE 3 OPERATION AND MAINTENANCE 4 OPERATION 5 AND MAINTENANCE, ARMY For an additional amount for ‘‘Operation and Main- 6 tenance, Army’’, $882,068,000, to remain available until 7 September 30, 2021, 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 14 OPERATION AND MAINTENANCE, NAVY For an additional amount for ‘‘Operation and Main- 15 tenance, Navy’’, $458,237,000, to remain available until 16 September 30, 2021, to prevent, prepare for, and respond 17 to coronavirus, domestically or internationally: Provided, 18 That such amount is designated by the Congress as being 19 for 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 OPERATION 23 For an additional amount for ‘‘Operation and Main- AND MAINTENANCE, MARINE CORPS 24 tenance, Marine Corps’’, $135,542,000, to remain avail25 able until September 30, 2021, to prevent, prepare for, July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 19 1 and respond to coronavirus, domestically or internation2 ally: Provided, 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 7 OPERATION AND MAINTENANCE, AIR FORCE For an additional amount for ‘‘Operation and Main- 8 tenance, Air Force’’, $969,357,000, to remain available 9 until September 30, 2021, to prevent, prepare for, and re10 spond to coronavirus, domestically or internationally: Pro11 vided, That such amount is designated by the Congress 12 as being for an emergency requirement pursuant to sec13 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer14 gency Deficit Control Act of 1985. 15 16 OPERATION AND MAINTENANCE, DEFENSE-WIDE For an additional amount for ‘‘Operation and Main- 17 tenance, Defense-Wide’’, $112,071,000, to remain avail18 able until September 30, 2021, to prevent, prepare for, 19 and respond to coronavirus, domestically or internation20 ally: Provided, That such amount is designated by the 21 Congress as being for an emergency requirement pursuant 22 to section 251(b)(2)(A)(i) of the Balanced Budget and 23 Emergency Deficit Control Act of 1985. 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APPRO. 20 1 OPERATION 2 For an additional amount for ‘‘Operation and Main- AND MAINTENANCE, ARMY RESERVE 3 tenance, Army Reserve’’, $8,000,000, to remain available 4 until September 30, 2021, to prevent, prepare for, and re5 spond to coronavirus, domestically or internationally: Pro6 vided, That such amount is designated by the Congress 7 as being for an emergency requirement pursuant to sec8 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer9 gency Deficit Control Act of 1985. 10 OPERATION AND 11 12 MAINTENANCE, ARMY NATIONAL GUARD For an additional amount for ‘‘Operation and Main- 13 tenance, Army National Guard’’, $30,000,000, to remain 14 available until September 30, 2021, to prevent, prepare 15 for, and respond to coronavirus, domestically or inter16 nationally: Provided, That such amount is designated by 17 the Congress as being for an emergency requirement pur18 suant to section 251(b)(2)(A)(i) of the Balanced Budget 19 and Emergency Deficit Control Act of 1985. 20 21 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD For an additional amount for ‘‘Operation and Main- 22 tenance, Air National Guard’’, $12,000,000, to remain 23 available until September 30, 2021, to prevent, prepare 24 for, and respond to coronavirus, domestically or inter25 nationally: Provided, That such amount is designated by July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 21 1 the Congress as being for an emergency requirement pur2 suant to section 251(b)(2)(A)(i) of the Balanced Budget 3 and Emergency Deficit Control Act of 1985. 4 PROCUREMENT 5 OTHER PROCUREMENT, ARMY 6 For an additional amount for ‘‘Other Procurement, 7 Army’’, $48,500,000, to remain available until September 8 30, 2022, to prevent, prepare for, and respond to 9 coronavirus, domestically or internationally: 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 OTHER PROCUREMENT, NAVY For an additional amount for ‘‘Other Procurement, 16 Navy’’, $34,823,000, to remain available until September 17 30, 2022, to prevent, prepare for, and respond to 18 coronavirus, domestically or internationally: Provided, 19 That such amount is designated by the Congress as being 20 for an emergency requirement pursuant to section 21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985. 23 24 PROCUREMENT, DEFENSE-WIDE For an additional amount for ‘‘Procurement, De- 25 fense-Wide’’, $484,000, to remain available until Sep- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 22 1 tember 30, 2022, to prevent, prepare for, and respond to 2 coronavirus, domestically or internationally: Provided, 3 That such amount is designated by the Congress as being 4 for an emergency requirement pursuant to section 5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 6 Deficit Control Act of 1985. 7 8 CORONAVIRUS DEFENSE PRODUCTION ACT PURCHASES For expenses of activities of and for the Department 9 of Defense pursuant to sections 108, 301, 302, and 303 10 of the Defense Production Act of 1950 (50 U.S.C. 4518, 11 4531, 4532, and 4533) to prevent, prepare for, and re12 spond to coronavirus, domestically or internationally, 13 $5,300,000,000, to remain available until expended: Pro14 vided, That the Secretary of Defense shall expend the 15 funds provided under this heading of this Act as if dele16 gated the necessary authorities conferred by the Defense 17 Production Act of 1950: Provided further, That such 18 amount is designated by the Congress as being for an 19 emergency requirement pursuant to section 20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 21 Deficit Control Act of 1985. 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APPRO. 23 1 RESEARCH, DEVELOPMENT, TEST AND 2 EVALUATION 3 RESEARCH, DEVELOPMENT, TEST 4 5 AND EVALUATION, AIR FORCE For an additional amount for ‘‘Research, Develop- 6 ment, Test and Evaluation, Air Force’’, $1,494,000, to re7 main available until September 30, 2021, to prevent, pre8 pare for, and respond to coronavirus, domestically or 9 internationally: Provided, That such amount is designated 10 by the Congress as being for an emergency requirement 11 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg12 et and Emergency Deficit Control Act of 1985. 13 RESEARCH, DEVELOPMENT, TEST 14 DEFENSE-WIDE 15 AND EVALUATION, For an additional amount for ‘‘Research, Develop- 16 ment, Test and Evaluation, Defense-Wide’’, $20,931,000, 17 to remain available until September 30, 2021, to prevent, 18 prepare for, and respond to coronavirus, domestically or 19 internationally: Provided, That such amount is designated 20 by the Congress as being for an emergency requirement 21 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg22 et and Emergency Deficit Control Act of 1985. 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APPRO. 24 1 REVOLVING AND MANAGEMENT FUNDS 2 DEFENSE WORKING CAPITAL FUNDS 3 For an additional amount for ‘‘Defense Working 4 Capital Funds’’, $1,783,500,000, to provide liquidity to 5 position the funds to prevent, prepare for, and respond 6 to coronavirus, domestically or internationally: Provided, 7 That of the amount provided under this heading in this 8 Act, $600,000,000 shall be for the Army Working Capital 9 Fund, $694,000,000 shall be for the Navy Working Cap10 ital Fund, and $489,500,000 shall be for the Air Force 11 Working Capital Fund: Provided further, That such 12 amount is designated by the Congress as being for an 13 emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 OTHER DEPARTMENT OF DEFENSE PROGRAMS 17 18 DEFENSE HEALTH PROGRAM For an additional amount for ‘‘Defense Health Pro- 19 gram’’, $705,000,000, of which $175,000,000 shall be for 20 operation and maintenance, to remain available until Sep21 tember 30, 2021, and $530,000,000 shall be for research, 22 development, test and evaluation, to remain available until 23 September 30, 2021, to prevent, prepare for, and respond 24 to coronavirus, domestically or internationally: Provided, 25 That such amount is designated by the Congress as being July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 25 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 5 GENERAL PROVISIONS—THIS TITLE SEC. 301. (a) In addition to amounts otherwise made 6 available in this Act, there is appropriated $1,128,000,000 7 for a ‘‘Defense Industrial Base Resiliency Fund—Army’’, 8 to remain available until September 30, 2021. 9 (b) The funds provided by subsection (a) shall be 10 available to the Secretary of the Army to prevent, prepare 11 for, and respond to coronavirus, domestically or inter12 nationally, which shall be for expenses of modifications of 13 the terms and conditions of contracts and agreements as 14 authorized in section 3610 of division A of Public Law 15 116–136. 16 (c)(1) The Secretary of the Army shall transfer funds 17 provided by subsection (a) to appropriations for operation 18 and maintenance; procurement; and research, develop19 ment, test and evaluation to accomplish the purposes spec20 ified in subsection (b). Such transferred funds shall be 21 merged with and be available for the same purposes and 22 for the same time period as the appropriation to which 23 they are transferred. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 26 1 (2) The transfer authority provided by this subsection 2 shall be in addition to any other transfer authority avail3 able to the Department of Defense. 4 (3) The Secretary of the Army shall, through the 5 Under Secretary of Defense (Comptroller), not less than 6 30 days prior to making any transfer under this sub7 section, notify the congressional defense committees in 8 writing of the details of the transfer. 9 (d) Funds appropriated by this section may not be 10 transferred to ‘‘Drug Interdiction and Counter-Drug Ac11 tivities, Defense’’. 12 (e) The amount is designated by the Congress as 13 being for an emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 SEC. 302. (a) In addition to amounts otherwise made 17 available in this Act, there is appropriated $4,664,000,000 18 for a ‘‘Defense Industrial Base Resiliency Fund—Navy 19 and Marine Corps’’, to remain available until September 20 30, 2021. 21 (b) The funds provided by subsection (a) shall be 22 available to the Secretary of the Navy to prevent, prepare 23 for, and respond to coronavirus, domestically or inter24 nationally, which shall be for expenses of modifications of 25 the terms and conditions of contracts and agreements as July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 27 1 authorized in section 3610 of division A of Public Law 2 116–136. 3 (c)(1) The Secretary of the Navy shall transfer funds 4 provided by subsection (a) to appropriations for operation 5 and maintenance; procurement; and research, develop6 ment, test and evaluation to accomplish the purposes spec7 ified in subsection (b). Such transferred funds shall be 8 merged with and be available for the same purposes and 9 for the same time period as the appropriation to which 10 they are transferred. 11 (2) The transfer authority provided by this subsection 12 shall be in addition to any other transfer authority avail13 able to the Department of Defense. 14 (3) The Secretary of the Navy shall, through the 15 Under Secretary of Defense (Comptroller), not less than 16 30 days prior to making any transfer under this sub17 section, notify the congressional defense committees in 18 writing of the details of the transfer. 19 (d) Funds appropriated by this section may not be 20 transferred to ‘‘Drug Interdiction and Counter-Drug Ac21 tivities, Defense’’. 22 (e) The amount is designated by the Congress as 23 being for an emergency requirement pursuant to section 24 251(b)(2)(A)(i) of the Balanced Budget and Emergency 25 Deficit Control Act of 1985. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 28 1 SEC. 303. (a) In addition to amounts otherwise made 2 available in this Act, there is appropriated $4,273,400,000 3 for a ‘‘Defense Industrial Base Resiliency Fund—Air 4 Force and Space Force’’, to remain available until Sep5 tember 30, 2021. 6 (b) The funds provided by subsection (a) shall be 7 available to the Secretary of the Air Force to prevent, pre8 pare for, and respond to coronavirus, domestically or 9 internationally, which shall be for expenses of modifica10 tions of the terms and conditions of contracts and agree11 ments as authorized in section 3610 of division A of Public 12 Law 116–136. 13 (c)(1) The Secretary of the Air Force shall transfer 14 funds provided by subsection (a) to appropriations for op15 eration and maintenance; procurement; and research, de16 velopment, test and evaluation to accomplish the purposes 17 specified in subsection (b). Such transferred funds shall 18 be merged with and be available for the same purposes 19 and for the same time period as the appropriation to which 20 they are transferred. 21 (2) The transfer authority provided by this subsection 22 shall be in addition to any other transfer authority avail23 able to the Department of Defense. 24 (3) The Secretary of the Air Force shall, through the 25 Under Secretary of Defense (Comptroller), not less than July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 29 1 30 days prior to making any transfer under this sub2 section, notify the congressional defense committees in 3 writing of the details of the transfer. 4 (d) Funds appropriated by this section may not be 5 transferred to ‘‘Drug Interdiction and Counter-Drug Ac6 tivities, Defense’’. 7 (e) The amount is designated by the Congress as 8 being for an emergency requirement pursuant to section 9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 SEC. 304. (a) In addition to amounts otherwise made 12 available in this Act, there is appropriated $783,100,000 13 for a ‘‘Defense Industrial Base Resiliency Fund—Defense: 14 Special Operations Command and Missile Defense Agen15 cy’’, to remain available until September 30, 2021. 16 (b) The funds provided by subsection (a) shall be 17 available to the Secretary of the Defense, or his designee, 18 to prevent, prepare for, and respond to coronavirus, do19 mestically or internationally, which shall be for expenses 20 of modifications of the terms and conditions of contracts 21 and agreements as authorized in section 3610 of division 22 A of Public Law 116–136. 23 (c)(1) The Secretary of the Defense, or his designee, 24 shall transfer funds provided by subsection (a) to appro25 priations for operation and maintenance; procurement; July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 30 1 and research, development, test and evaluation to accom2 plish the purposes specified in subsection (b). Such trans3 ferred funds shall be merged with and be available for the 4 same purposes and for the same time period as the appro5 priation to which they are transferred. 6 (2) The transfer authority provided by this subsection 7 shall be in addition to any other transfer authority avail8 able to the Department of Defense. 9 (3) The Secretary of the Defense, or his designee, 10 shall, through the Under Secretary of Defense (Comp11 troller), not less than 30 days prior to making any transfer 12 under this subsection, notify the congressional defense 13 committees in writing of the details of the transfer. 14 (d) Funds appropriated by this section may not be 15 transferred to ‘‘Drug Interdiction and Counter-Drug Ac16 tivities, Defense’’. 17 (e) The amount is designated by the Congress as 18 being for an emergency requirement pursuant to section 19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 20 Deficit Control Act of 1985. 21 SEC. 305. The remaining unobligated balances of 22 funds as of September 30, 2020, from amounts provided 23 to the Department of Defense for Military Personnel 24 under the headings ‘‘National Guard Personnel, Army’’ 25 and ‘‘National Guard Personnel, Air Force’’ in title III July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 31 1 of division B of the Coronavirus Aid, Relief, and Economic 2 Security Act (Public Law 116–136), are hereby perma3 nently rescinded, and an amount of additional new budget 4 authority equivalent to the amount rescinded from each 5 account is hereby appropriated on September 30, 2020, 6 to remain available until September 30, 2021, and shall 7 be available for the same purposes, in addition to other 8 funds as may be available for such purposes, and under 9 the same authorities for which the funds were originally 10 provided in Public Law 116–136: Provided, That the 11 amounts rescinded pursuant to this section that were pre12 viously designated by the Congress as an emergency re13 quirement pursuant to section 251(b)(2)(A) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985 15 are designated by the Congress as an emergency require16 ment pursuant to section 251(b)(2)(A)(i) of that Act: Pro17 vided further, That such amount is designated by the Con18 gress as being for an emergency requirement pursuant to 19 section 251(b)(2)(A)(i) of the Balanced Budget and 20 Emergency Deficit Control Act of 1985. 21 SEC. 306. The remaining unobligated balances of 22 funds as of September 30, 2020, from amounts provided 23 to the Department of Defense for Operation and Mainte24 nance under the headings ‘‘Operation and Maintenance, 25 Army’’ and ‘‘Operation and Maintenance, Navy’’ and ‘‘Op- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 32 1 eration and Maintenance, Marine Corps’’ and ‘‘Operation 2 and Maintenance, Air Force’’ and ‘‘Operation and Mainte3 nance, Army Reserve’’ and ‘‘Operation and Maintenance, 4 Army National Guard’’ and ‘‘Operation and Maintenance, 5 Air National Guard’’ and ‘‘Operation and Maintenance, 6 Defense-Wide’’ in title III of division B of the Coronavirus 7 Aid, Relief, and Economic Security Act (Public Law 116– 8 136), are hereby permanently rescinded, and an amount 9 of additional new budget authority equivalent to the 10 amount rescinded from each account is hereby appro11 priated on September 30, 2020, to remain available until 12 September 30, 2021, and shall be available for the same 13 purposes, in addition to other funds as may be available 14 for such purposes, and under the same authorities for 15 which the funds were originally provided in Public Law 16 116–136: Provided, That the amounts rescinded pursuant 17 to this section that were previously designated by the Con18 gress as an emergency requirement pursuant to section 19 251(b)(2)(A) of the Balanced Budget and Emergency 20 Deficit Control Act of 1985 are designated by the Con21 gress as an emergency requirement pursuant to section 22 251(b)(2)(A)(i) of that Act: Provided further, That such 23 amount is designated by the Congress as being for an 24 emergency July 27, 2020 (3:54 p.m.) requirement pursuant to section U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 33 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 SEC. 307. The remaining unobligated balances of 4 funds as of September 30, 2020, from amounts provided 5 to the Department of Defense for Other Department of 6 Defense Programs under the headings ‘‘Defense Health 7 Program: Operation and maintenance’’ and ‘‘Office of the 8 Inspector General’’ in title III of division B of the 9 Coronavirus Aid, Relief, and Economic Security Act (Pub10 lic Law 116–136), are hereby permanently rescinded, and 11 an amount of additional new budget authority equivalent 12 to the amount rescinded from each account is hereby ap13 propriated on September 30, 2020, to remain available 14 until September 30, 2021, and shall be available for the 15 same purposes, in addition to other funds as may be avail16 able for such purposes, and under the same authorities 17 for which the funds were originally provided in Public Law 18 116–136: Provided, That the amounts rescinded pursuant 19 to this section that were previously designated by the Con20 gress as an emergency requirement pursuant to section 21 251(b)(2)(A) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985 are designated by the Con23 gress as an emergency requirement pursuant to section 24 251(b)(2)(A)(i) of that Act: Provided further, That such 25 amount is designated by the Congress as being for an July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 34 1 emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 SEC. 308. For an additional amount for ‘‘Operation 5 and Maintenance, Navy’’, $153,000,000, to prevent, pre6 pare for, and respond to coronavirus, domestically or 7 internationally: Provided, That the amounts made avail8 able in this section shall only be for Ship depot mainte9 nance: Provided further, That such amounts shall be in 10 addition to any other amounts available for such purposes: 11 Provided further, 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 SEC. 309. For an additional amount for ‘‘Aircraft 16 Procurement, Army’’, $283,000,000, to remain available 17 until September 30, 2022, to prevent, prepare for, and re18 spond to coronavirus, domestically or internationally: Pro19 vided, That the amounts made available in this section 20 shall only be for AH–64 Apache Block IIIB New Build: 21 Additional AH–64 Helicopters: Provided further, That 22 such amounts shall be in addition to any other amounts 23 available for such purposes: Provided further, That such 24 amount is designated by the Congress as being for an 25 emergency July 27, 2020 (3:54 p.m.) requirement pursuant to section U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 35 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 SEC. 310. For an additional amount for ‘‘Weapons 4 and Tracked Combat Vehicles, Army’’, $375,000,000, to 5 remain available until September 30, 2022, to prevent, 6 prepare for, and respond to coronavirus, domestically or 7 internationally: Provided, That the amounts made avail8 able in this section shall only be for Stryker Upgrade: 9 Stryker DVHA1: Provided further, That such amounts 10 shall be in addition to any other amounts available for 11 such purposes: Provided further, That such amount is des12 ignated by the Congress as being for an emergency re13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985. 15 SEC. 311. For an additional amount for ‘‘Other Pro- 16 curement, Army’’, $19,500,000, to remain available until 17 September 30, 2022, to prevent, prepare for, and respond 18 to coronavirus, domestically or internationally: Provided, 19 That the amounts made available in this section shall only 20 be for Force Protection Upgrades: Unfunded require21 ments: Provided further, That such amounts shall be in 22 addition to any other amounts available for such purposes: 23 Provided further, That such amount is designated by the 24 Congress as being for an emergency requirement pursuant July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 36 1 to section 251(b)(2)(A)(i) of the Balanced Budget and 2 Emergency Deficit Control Act of 1985. 3 SEC. 312. For an additional amount for ‘‘Aircraft 4 Procurement, Navy’’, $1,068,000,000, to remain available 5 until September 30, 2022, to prevent, prepare for, and re6 spond to coronavirus, domestically or internationally: Pro7 vided, That the amounts made available in this section 8 shall only be for P–8A Poseidon: Additional aircraft: Pro9 vided further, That such amounts shall be in addition to 10 any other amounts available for such purposes: Provided 11 further, That such amount is designated by the Congress 12 as being for an emergency requirement pursuant to sec13 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer14 gency Deficit Control Act of 1985. 15 SEC. 313. For an additional amount for ‘‘Weapons 16 Procurement, Navy’’, $41,400,000, to remain available 17 until September 30, 2022, to prevent, prepare for, and re18 spond to coronavirus, domestically or internationally: Pro19 vided, That the amounts made available in this section 20 shall only be for LCS OTH Missile: Naval Strike Missiles 21 and Launchers: Provided further, That such amounts shall 22 be in addition to any other amounts available for such pur23 poses: Provided further, That such amount is designated 24 by the Congress as being for an emergency requirement July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 37 1 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg2 et and Emergency Deficit Control Act of 1985. 3 SEC. 314. For an additional amount for ‘‘Ship- 4 building and Conversion, Navy’’, $2,210,000,000, to re5 main available until September 30, 2024, to prevent, pre6 pare for, and respond to coronavirus, domestically or 7 internationally: Provided, That of the amounts made avail8 able in this section $1,450,000,000 shall be only for four 9 expeditionary medical ships, $260,000,000 shall be only 10 for one EPF Expeditionary Fast Transport ship, 11 $250,000,000 shall be only for amphibious shipbuilding 12 programs and $250,000,000 shall be only for the surface 13 combatant supplier base program: Provided further, That 14 such amounts shall be in addition to any other amounts 15 available for such purposes: 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 SEC. 315. For an additional amount for ‘‘Other Pro- 21 curement, Navy’’, $49,100,000, to remain available until 22 September 30, 2022, to prevent, prepare for, and respond 23 to coronavirus, domestically or internationally: Provided, 24 That the amounts made available in this section shall only 25 be for Sonobuoys—All Types: Additional sonobuoys: Pro- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 38 1 vided further, That such amounts shall be in addition to 2 any other amounts available for such purposes: Provided 3 further, 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 SEC. 316. For an additional amount for ‘‘Aircraft 8 Procurement, Air Force’’, $2,056,000,000, to remain 9 available until September 30, 2022, to prevent, prepare 10 for, and respond to coronavirus, domestically or inter11 nationally: Provided, That of the amounts made available 12 in this section $686,000,000 shall be only for F–35A: Ad13 ditional aircraft, $720,000,000 shall be only for C–130J: 14 Additional aircraft and $650,000,000 shall be only for A– 15 10: Wing replacements: Provided further, That such 16 amounts shall be in addition to any other amounts avail17 able for such purposes: Provided further, That such 18 amount is designated by the Congress as being for an 19 emergency requirement pursuant to section 20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 21 Deficit Control Act of 1985. 22 SEC. 317. For an additional amount for ‘‘Procure- 23 ment, Defense-Wide’’, $359,695,000, to remain available 24 until September 30, 2022, to prevent, prepare for, and re25 spond to coronavirus, domestically or internationally: Pro- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 39 1 vided, That of the amounts made available in this section 2 $76,325,000 shall be only for THAAD: THAAD Battery 3 #8, $243,270,000 shall be only for BMDS AN/TPY–2 4 Radars: THAAD Battery #8 and $40,100,000 shall be 5 only for Manned ISR: One DHC–8 combat loss replace6 ment: Provided further, That such amounts shall be in ad7 dition to any other amounts available for such purposes: 8 Provided further, That such amount is designated by the 9 Congress as being for an emergency requirement pursuant 10 to section 251(b)(2)(A)(i) of the Balanced Budget and 11 Emergency Deficit Control Act of 1985. 12 SEC. 318. For an additional amount for ‘‘National 13 Guard and Reserve Equipment Account’’, $800,000,000, 14 to remain available until September 30, 2022, to prevent, 15 prepare for, and respond to coronavirus, domestically or 16 internationally: Provided, That such amounts shall be in 17 addition to any other amounts available for such purposes: 18 Provided further, That such amount is designated by the 19 Congress as being for an emergency requirement pursuant 20 to section 251(b)(2)(A)(i) of the Balanced Budget and 21 Emergency Deficit Control Act of 1985. 22 SEC. 319. For an additional amount for ‘‘Research, 23 Development, Test and Evaluation, Navy’’, $20,000,000, 24 to remain available until September 30, 2021, to prevent, 25 prepare for, and respond to coronavirus, domestically or July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 40 1 internationally: Provided, That the amounts made avail2 able in this section shall only be for United States Marine 3 Corps Force Design unfunded requirements: Provided fur4 ther, That such amounts shall be in addition to any other 5 amounts available for such purposes: Provided further, 6 That such amount is designated by the Congress as being 7 for an emergency requirement pursuant to section 8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 9 Deficit Control Act of 1985. 10 SEC. 320. For an additional amount for ‘‘Research, 11 Development, Test and Evaluation, Air Force’’, 12 $20,000,000, to remain available until September 30, 13 2021, to prevent, prepare for, and respond to coronavirus, 14 domestically or internationally: Provided, That the 15 amounts made available in this section shall only be for 16 F–35 C2D2: F–35 JASSM integration: Provided further, 17 That such amounts shall be in addition to any other 18 amounts available for such purposes: Provided further, 19 That such amount is designated by the Congress as being 20 for an emergency requirement pursuant to section 21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985. 23 SEC. 321. For an additional amount for ‘‘Research, 24 Development, Test and Evaluation, Defense-Wide’’, 25 $595,000,000, to remain available until September 30, July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 41 1 2021, to prevent, prepare for, and respond to coronavirus, 2 domestically or internationally: Provided, That of the 3 amounts made available in this section $65,800,000 shall 4 be only for Missile Defense Agency: Hypersonic Defense 5 unfunded requirements, $39,200,000 shall be only for 6 Missile Defense Agency: Cruise missile defense indications 7 and warning unfunded requirements, $200,000,000 shall 8 be only for Missile Defense Agency: Ground-based Mid9 course Defense SLEP and $290,000,000 shall be only for 10 Space Development Agency: Hypersonic and Ballistic 11 Tracking Space Sensor: Provided further, That such 12 amounts shall be in addition to any other amounts avail13 able for such purposes: Provided further, That such 14 amount is designated by the Congress as being for an 15 emergency requirement pursuant to section 16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 17 Deficit Control Act of 1985. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 42 1 TITLE IV 2 DEPARTMENT OF ENERGY 3 ENERGY PROGRAMS 4 SCIENCE 5 For an additional amount for ‘‘Science’’, 6 $306,000,000, to remain available until September 30, 7 2021, to prevent, prepare for, and respond to coronavirus, 8 domestically or internationally, which shall be for nec9 essary expenses related to research and development and 10 related activities, including equipment, enabling tech11 nologies, and personnel associated with the operations of 12 Department of Energy scientific user facilities: Provided, 13 That of the funds appropriated under this heading in this 14 Act, $6,000,000 shall be for the COVID–19 Insights Part15 nership: Provided further, That of the funds appropriated 16 under this heading in this Act, $12,100,000 shall be for 17 necessary expenses related to cybersecurity and informa18 tion technology: Provided further, That such amount is 19 designated by the Congress as being for an emergency re20 quirement pursuant to section 251(b)(2)(A)(i) of the Bal21 anced Budget and Emergency Deficit Control Act of 1985. 22 DEPARTMENTAL ADMINISTRATION 23 (INCLUDING TRANSFER OF FUNDS) 24 For an additional amount for ‘‘Departmental Admin- 25 istration’’, $1,300,000, to remain available until Sep- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 43 1 tember 30, 2021, to prevent, prepare for, and respond to 2 coronavirus, domestically or internationally, including for 3 necessary expenses related to personal protective equip4 ment: Provided, That funds appropriated under this head5 ing in this Act may be transferred to, and merged with, 6 other appropriation accounts of the Department of Energy 7 to prevent, prepare for, and respond to coronavirus, in8 cluding for necessary expenses related to personal protec9 tive equipment: Provided further, That such amount is 10 designated by the Congress as being for an emergency re11 quirement pursuant to section 251(b)(2)(A)(i) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 44 1 TITLE V 2 DEPARTMENT OF THE TREASURY 3 INTERNAL REVENUE SERVICE 4 BUSINESS SYSTEMS MODERNIZATION 5 (INCLUDING TRANSFER OF FUNDS) 6 For an additional amount for ‘‘Business Systems 7 Modernization’’, $2,000,000,000, to remain available until 8 September 30, 2025, to prevent, prepare for, and respond 9 to coronavirus, domestically or internationally, which shall 10 be for information technology modernization, including 11 that which facilitates remote performance of critical Inter12 nal Revenue Service functions: Provided, That amounts 13 made available under this heading in this Act may be 14 transferred to ‘‘Operations Support’’ upon prior notifica15 tion to the Committees on Appropriations of the House 16 of Representatives and the Senate: Provided further, That 17 amounts transferred pursuant to the previous proviso shall 18 be available solely for the purposes set forth in this para19 graph: Provided further, That such transfer authority is 20 in addition to any other transfer authority provided by 21 law: Provided further, That funds made available under 22 this heading in this Act shall be in addition to any other 23 funds made available for this purpose: Provided further, 24 That such amount is designated by the Congress as being 25 for an emergency requirement pursuant to section July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 45 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 INDEPENDENT AGENCIES 4 GENERAL SERVICES ADMINISTRATION 5 REAL PROPERTY ACTIVITIES 6 FEDERAL BUILDINGS FUND 7 For an additional amount to be deposited in the 8 ‘‘Federal Buildings Fund’’, $377,000,000, to remain 9 available until expended, to prevent, prepare for, and re10 spond to coronavirus, domestically or internationally, 11 which shall be for the West Wing Phase 2 Modernization 12 and Pennsylvania Avenue Screening Facility: Provided, 13 That such amount is designated by the Congress as being 14 for an emergency requirement pursuant to section 15 251(b)(2)(A)(i) of the Balanced Budget and Emergency 16 Deficit Control Act of 1985. 17 18 19 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION RECORDS CENTER REVOLVING FUND For an additional amount for ‘‘Records Center Re- 20 volving Fund’’ for the Federal Record Centers Program, 21 $92,000,000, to remain available until September 30, 22 2021, to prevent, prepare for, and respond to coronavirus, 23 domestically or internationally, which shall be for offset24 ting the loss resulting from the coronavirus pandemic of 25 the user charges collected by such Fund pursuant to sub- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 46 1 section (c) under the heading ‘‘Records Center Revolving 2 Fund’’ in Public Law 106–58, as amended (44 U.S.C. 3 2901 note): Provided, That the amount provided under 4 this heading in this Act may be used to reimburse the 5 Fund for obligations incurred for this purpose prior to the 6 date of the enactment of this Act: Provided further, That 7 such amount is provided without regard to the limitation 8 in subsection (d) under the heading ‘‘Records Center Re9 volving Fund’’ in Public Law 106–58, as amended (44 10 U.S.C. 2901 note): Provided further, That such amount 11 is designated by the Congress as being for an emergency 12 requirement pursuant to section 251(b)(2)(A)(i) of the 13 Balanced Budget and Emergency Deficit Control Act of 14 1985. 15 16 GENERAL PROVISION—THIS TITLE SEC. 501. (a) APPROPRIATIONS.— 17 (1) In the matter preceding the first proviso 18 under the heading ‘‘Independent Agencies—Pan- 19 demic Response Accountability Committee’’ in title 20 V of division B of the Coronavirus Aid, Relief, and 21 Economic Security Act (Public Law 116–136), 22 strike ‘‘funds provided in’’ and insert ‘‘covered funds 23 as provided in section 15010 of’’ before ‘‘this Act’’. 24 (2) The amounts repurposed in this section that 25 were previously designated by the Congress as an July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 47 1 emergency requirement pursuant to the Balanced 2 Budget and Emergency Deficit Control Act of 1985 3 are designated by the Congress as an emergency re- 4 quirement pursuant to section 251(b)(2)(A)(i) of the 5 Balanced Budget and Emergency Deficit Control 6 Act of 1985. 7 (b) DEFINITION OF COVERED FUNDS.—Section 8 15010(a)(6) of division B of the Coronavirus, Aid, Relief, 9 and Economic Security Act (Public Law 116–136) is 10 amended— 11 (1) in subparagraph (A), by striking ‘‘this Act’’ 12 and inserting ‘‘the Coronavirus Aid, Relief, and Eco- 13 nomic Security Act (divisions A and B) (Public Law 14 116–136)’’; and 15 (2) by striking subparagraph (D) and inserting: 16 ‘‘(D) the Paycheck Protection Program 17 and Health Care Enhancement Act (Public Law 18 116–139); or 19 July 27, 2020 (3:54 p.m.) ‘‘(E) all divisions of this Act; and’’. U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 48 1 TITLE VI 2 DEPARTMENT OF HOMELAND SECURITY 3 TRANSPORTATION SECURITY ADMINISTRATION 4 OPERATIONS AND SUPPORT 5 For an additional amount for ‘‘Operations and Sup- 6 port’’, $138,000,000, to prevent, prepare for, and respond 7 to coronavirus, domestically or internationally; of which 8 $88,000,000, to remain available until September 30, 9 2021, shall be for cleaning and sanitization at checkpoints 10 and other airport common areas and related expenses; and 11 of which $50,000,000, to remain available until September 12 30, 2022, shall be for the procurement and installation 13 of credential authentication technology units and related 14 infrastructure upgrades: Provided, That such amount is 15 designated 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 19 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For an additional amount for ‘‘Procurement, Con- 20 struction, and Improvements’’, $70,000,000, to remain 21 available until September 30, 2022, to prevent, prepare 22 for, and respond to coronavirus, domestically or inter23 nationally, which shall be for the procurement and instal24 lation of computed tomography technologies: Provided, 25 That such amount is designated by the Congress as being July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 49 1 for an emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 UNITED STATES SECRET SERVICE 5 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 6 For an additional amount for ‘‘Procurement, Con- 7 struction, and Improvements’’, $73,000,000, to remain 8 available until September 30, 2023, to prevent, prepare 9 for, and respond to coronavirus, domestically or inter10 nationally, which shall be for construction, surveillance 11 and inspection equipment, and related health and security 12 enhancements: Provided, That such amount is designated 13 by the Congress as being for an emergency requirement 14 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg15 et and Emergency Deficit Control Act of 1985. 16 CYBERSECURITY AND INFRASTRUCTURE SECURITY 17 AGENCY 18 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 19 For an additional amount for ‘‘Procurement, Con- 20 struction, and Improvements’’, $53,000,000, to remain 21 available until September 30, 2023, to prevent, prepare 22 for, and respond to coronavirus, domestically or inter23 nationally, which shall be for cybersecurity technology pro24 curement and related activities: Provided, That such 25 amount is designated by the Congress as being for an July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 50 1 emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 FEDERAL EMERGENCY MANAGEMENT AGENCY 5 OPERATIONS AND SUPPORT 6 For an additional amount for ‘‘Operations and Sup- 7 port’’, $31,000,000, to remain available until September 8 30, 2021, to prevent, prepare for, and respond to 9 coronavirus, domestically or internationally, which shall be 10 for salaries and expenses, enhancements to information 11 technology, communications, and facilities support: Pro12 vided, That such amount is designated by the Congress 13 as being for an emergency requirement pursuant to sec14 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer15 gency Deficit Control Act of 1985. 16 17 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For an additional amount for ‘‘Procurement, Con- 18 struction, and Improvements’’, $119,000,000, to remain 19 available until expended, to prevent, prepare for, and re20 spond to coronavirus, domestically or internationally, 21 which shall be for enhancements to information technology 22 and for facilities: 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. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 51 1 2 FEDERAL ASSISTANCE For an additional amount for ‘‘Federal Assistance’’, 3 $930,000,000, to remain available until September 30, 4 2021, to prevent, prepare for, and respond to coronavirus, 5 domestically or internationally: Provided, That of the 6 amount provided under this heading in this Act, 7 $365,000,000 shall be for Assistance to Firefighter 8 Grants for the purchase of personal protective equipment 9 and related supplies, including reimbursements; 10 $365,000,000 shall be for Staffing for Adequate Fire and 11 Emergency Response Grants; and $200,000,000 shall be 12 for the Emergency Food and Shelter Program: 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 18 GENERAL PROVISIONS—THIS TITLE SEC. 601. Notwithstanding any other provision of 19 law, funds made available under each heading in this title 20 shall only be used for the purposes specifically described 21 under that heading. 22 SEC. 602. For necessary expenses related to pro- 23 viding customs and immigration inspection and pre-in24 spection services pursuant to section 1356 of title 8, 25 United States Code, and section 58c(f) of title 19, United July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 52 1 States Code, and in addition to any other funds made 2 available for this purpose, there is appropriated, out of 3 any money in the Treasury not otherwise appropriated, 4 $1,600,000,000, to remain available until September 30, 5 2021, to offset the loss resulting from the coronavirus 6 pandemic of Immigration User Fee receipts collected pur7 suant to section 286(h) of the Immigration and Nation8 ality Act (8 U.S.C. 1356(h)), and fees for certain customs 9 services collected pursuant to paragraphs 1 through 8 and 10 paragraph 10 of subsection (a) of section 13031 of the 11 Consolidated Omnibus Budget Reconciliation Act of 1985 12 (19 U.S.C. 58c(a)(1)–(8) and (a)(10)): Provided, That 13 notwithstanding any other provision of law, funds made 14 available by this section shall only be used by the U.S. 15 Customs and Border Protection: 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 SEC. 603. Of the unobligated balances of funds made 21 available under the heading ‘‘U.S. Customs and Border 22 Protection—Operations and Support’’ in title III of the 23 Emergency Supplemental Appropriations for Humani24 tarian Assistance and Security at the Southern Border 25 Act, 2019 (Public Law 116–26), $120,000,000 are hereby July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 53 1 rescinded: Provided, That the amounts rescinded pursuant 2 to this subsection that were previously designated by the 3 Congress as an emergency requirement pursuant to sec4 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer5 gency Deficit Control Act of 1985 are designated by the 6 Congress as an emergency requirement pursuant to that 7 section of that Act. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 54 1 TITLE VII 2 DEPARTMENT OF HEALTH AND HUMAN 3 SERVICES 4 INDIAN HEALTH SERVICE 5 INDIAN HEALTH SERVICES 6 (INCLUDING TRANSFERS OF FUNDS) 7 For an additional amount for ‘‘Indian Health Serv- 8 ices’’, $605,000,000, to remain available until September 9 30, 2021, to prevent, prepare for, and respond to 10 coronavirus, domestically or internationally: Provided, 11 That the amount provided under this heading in this Act 12 shall be distributed through Indian Health Service directly 13 operated programs and to tribes and tribal organizations 14 under the Indian Self-Determination and Education As15 sistance Act and through contracts or grants with Urban 16 Indian Organizations under title V of the Indian Health 17 Care Improvement Act: Provided further, That the amount 18 provided under this heading in this Act, if transferred to 19 tribes and tribal organizations under the Indian Self-De20 termination and Education Assistance Act, will be trans21 ferred on a one-time basis and that these non-recurring 22 funds are not part of the amount required by 25 U.S.C. 23 5325, and that such amount may only be used for the 24 purposes identified under this heading notwithstanding 25 any other provision of law: Provided further, That such July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 55 1 amount is designated by the Congress as being for an 2 emergency requirement pursuant to section 3 251(b)(2)(A)(i) of the Balanced Budget and Emergency 4 Deficit Control Act of 1985. 5 6 INDIAN HEALTH FACILITIES For an additional amount for ‘‘Indian Health Serv- 7 ices’’, $1,000,000,000, to remain available until Sep8 tember 30, 2021, to prevent, prepare for, and respond to 9 coronavirus, domestically or internationally, including for 10 the acquisition of sites, purchase and erection of modular 11 buildings, and purchases of trailers, for provision of do12 mestic and community sanitation facilities for Indians, as 13 authorized by section 7 of the Act of August 5, 1954 (42 14 U.S.C. 2004a), the Indian Self-Determination Act, and 15 the Indian Health Care Improvement Act, and for nec16 essary equipment to support the activities of the Indian 17 Health Service: Provided, That such amount is designated 18 by the Congress as being for an emergency requirement 19 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg20 et and Emergency Deficit Control Act of 1985. 21 22 GENERAL PROVISION—THIS TITLE SEC. 701. (a) Not later than 14 days after the date 23 of enactment of this Act, the Secretary of the Interior 24 shall provide to the Committees on Appropriations of the 25 House of Representatives and the Senate a detailed spend July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 56 1 plan of anticipated uses of funds, by bureau, program, and 2 activity, made available to the Department of the Interior 3 in Public Law 116–136: Provided, That such plan shall 4 include a report on the status of balances of appropria5 tions made by Public Law 116–136, including all uncom6 mitted, committed, obligated, unobligated, and expended 7 funds in each program and activity: Provided further, That 8 such plan and report shall be updated and submitted to 9 such Committees every 14 days until September 30, 2021, 10 and shall detail changes in the status of balances of appro11 priations during the prior two weeks. 12 (b) Not later than 30 days after the date of enact- 13 ment of this Act, the Director of the Indian Health Service 14 shall provide to the Committees on Appropriations of the 15 House of Representatives and the Senate a detailed spend 16 plan of anticipated uses of funds made available to the 17 Indian Health Service in this Act: Provided, That such 18 plan shall be updated and submitted to such Committees 19 every 60 days until September 30, 2021. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 57 1 TITLE VIII 2 DEPARTMENT OF LABOR 3 4 5 EMPLOYMENT AND TRAINING ADMINISTRATION TRAINING AND EMPLOYMENT SERVICES For an additional amount for ‘‘Training and Employ- 6 ment Services’’, $950,000,000, to remain available 7 through September 30, 2022, to prevent, prepare for, and 8 respond to coronavirus, domestically or internationally, 9 which shall be used as follows: 10 (1) $500,000,000 for grants to States for dis- 11 located worker employment and training activities, 12 including training services provided through indi- 13 vidual training accounts, incumbent worker training, 14 transitional jobs, customized training, on-the-job 15 training, the identification of training providers in- 16 cluding online providers, and activities to facilitate 17 remote access to employment and training services 18 through a one-stop center that lead to employment 19 in high-skill, high-wage, or in-demand industry sec- 20 tors or occupations, including health care, direct 21 care, and manufacturing; 22 (2) $150,000,000 for grants to States for youth 23 workforce investment activities: Provided, That a 24 local board shall not be required to meet the require- 25 ments of section 129(a)(4)(A) of the Workforce In- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 58 1 novation 2 3164(a)(4)(A)): Provided further, That each State 3 and local area receiving funds under this paragraph 4 in this Act for youth workforce investment activities 5 shall give priority to out-of-school youth and eligible 6 youth who are members of one or more populations 7 listed in section 3(24) of such Act (29 U.S.C. 8 3102(24)); 9 10 11 12 and Opportunity Act (29 U.S.C. (3) $150,000,000 for adult employment and training activities; and (4) $150,000,000 for the dislocated workers assistance national reserve: 13 Provided further, That notwithstanding section 128(a) of 14 the Workforce Innovation and Opportunity Act (29 U.S.C. 15 3163(a)), the Governor may reserve up to 25 percent of 16 the funds allotted under each of paragraphs (1), (2), and 17 (3) under this heading in this Act for statewide activities 18 described in sections 129(b) and 134(a) of such Act: Pro19 vided further, That notwithstanding section 128(b)(4) of 20 the Workforce Innovation and Opportunity Act (29 U.S.C. 21 3163(b)(4)), local areas may use not more than 20 percent 22 of the funds allocated to the local area under each of para23 graphs (1), (2), and (3) under this heading in this Act 24 for administrative costs: Provided further, That such 25 amount is designated by the Congress as being for an July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 59 1 emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT 5 SERVICE OPERATIONS 6 For an additional amount for ‘‘State Unemployment 7 Insurance and Employment Service Operations’’, 8 $1,504,000,000, to prevent, prepare for, and respond to 9 coronavirus, domestically or internationally, which may be 10 expended from the Employment Security Administration 11 Account in the Unemployment Trust Fund (‘‘The Trust 12 Fund’’), of which: 13 (1) $1,115,500,000 from the Trust Fund to re- 14 main available through December 31, 2021, is for 15 grants to States for the administration of State un- 16 employment insurance laws as authorized under title 17 III of the Social Security Act including grants to up- 18 grade information technology to improve the admin- 19 istration and processing of unemployment compensa- 20 tion claims: Provided, That, the Secretary may dis- 21 tribute such amounts, with respect to upgrading in- 22 formation technology, based on the condition and 23 needs of the State information technology systems or 24 other appropriate factors, which may include the 25 ratio described under section 903(a)(2)(B) of the July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 60 1 Social Security Act: Provided further, That funds 2 provided for information technology under this head- 3 ing in this Act shall be available for obligation by 4 the States through September 30, 2027 and avail- 5 able for expenditure by the States through Sep- 6 tember 30, 2028; 7 (2) $38,500,000 from the Trust Fund is for na- 8 tional activities necessary to support the administra- 9 tion of the Federal-State unemployment insurance 10 system, to remain available through September 30, 11 2021; and 12 (3) $350,000,000 from the Trust Fund is for 13 grants to States in accordance with section 6 of the 14 Wagner-Peyser Act, to remain available through 15 June 30, 2021: 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 DEPARTMENTAL MANAGEMENT 21 SALARIES AND EXPENSES 22 (INCLUDING TRANSFER OF FUNDS) 23 For an additional amount for ‘‘Departmental Man- 24 agement’’, $15,600,000, to remain available until Sep25 tember 30, 2022, to prevent, prepare for, and respond to July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 61 1 coronavirus, including to enforce worker protection laws 2 and regulations, and to oversee and coordinate activities 3 related to division C, division D, division E, and division 4 F of Public Law 116–127, and activities under Public 5 Law 116–136: Provided, That the Secretary of Labor may 6 transfer the amounts provided under this heading in this 7 Act as necessary to ‘‘Employment and Training Adminis8 tration—Program Administration’’, ‘‘Employee Benefits 9 Security Administration’’, ‘‘Wage and Hour Division’’, Of10 fice of Workers’ Compensation Programs’’, ‘‘Occupational 11 Safety and Health Administration’’, and ‘‘Mine Safety and 12 Health Administration’’, to prevent, prepare for, and re13 spond to coronavirus, including for enforcement, oversight, 14 and coordination activities in those accounts: Provided fur15 ther, That of the amount provided under this heading in 16 this Act, $5,000,000, to remain available until expended, 17 shall be transferred to ‘‘Office of Inspector General’’, for 18 oversight of activities related to Public Law 116–127 and 19 Public Law 116–136 and for oversight activities supported 20 with funds appropriated to the Department of Labor to 21 prevent, prepare for, and respond to coronavirus: Provided 22 further, That 15 days prior to transferring any funds pur23 suant to the previous provisos under the heading in this 24 Act, the Secretary shall provide to the Committees on Ap25 propriations of the House of Representatives and the Sen- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 62 1 ate an operating plan describing the planned uses of each 2 amount proposed to be transferred: Provided further, That 3 such amount is designated by the Congress as being for 4 an emergency requirement pursuant to section 5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 6 Deficit Control Act of 1985. 7 8 GENERAL PROVISION SEC. 801. Paragraph (1) under the heading ‘‘Depart- 9 ment of Labor—Veterans Employment and Training’’ of 10 title I of division A of Public Law 116–94 is amended 11 by striking ‘‘obligation by the States through December 12 31, 2020’’ and inserting ‘‘expenditure by the States 13 through September 30, 2022’’: Provided, That such 14 amount is designated by the Congress as being for an 15 emergency requirement pursuant to section 16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 17 Deficit Control Act of 1985. 18 DEPARTMENT OF HEALTH AND HUMAN 19 SERVICES 20 21 22 CENTERS FOR DISEASE CONTROL AND PREVENTION CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT For an additional amount for ‘‘CDC-Wide Activities 23 and Program Support’’, $3,400,000,000, to remain avail24 able until September 30, 2024, to prevent, prepare for, 25 and respond to coronavirus, domestically or internation- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 63 1 ally: Provided, That of the amount provided under this 2 heading in this Act, not less than $1,500,000,000 shall 3 be for grants to or cooperative agreements with States, 4 localities, territories, tribes, tribal organizations, urban In5 dian health organizations, or health service providers to 6 tribes, including to carry out surveillance, epidemiology, 7 laboratory capacity, infection control, immunization activ8 ity, mitigation, communications, and other preparedness 9 and response activities: Provided further, That the 10 amounts included in the previous proviso shall be allocated 11 to States, localities, and territories according to the for12 mula that applied to the Public Health Emergency Pre13 paredness cooperative agreement in fiscal year 2019: Pro14 vided further, That of the amount in the first proviso, not 15 less than $125,000,000 shall be allocated to tribes, tribal 16 organizations, urban Indian health organizations, or 17 health service providers to tribes: Provided further, That 18 the Director of the Centers for Disease Control and Pre19 vention (‘‘CDC’’) may satisfy the funding thresholds out20 lined in the first and third provisos by making awards 21 through other grant or cooperative agreement mecha22 nisms: Provided further, That of the amount provided 23 under this heading in this Act, up to $500,000,000 shall 24 be for activities to plan, prepare for, promote, distribute, 25 administer, monitor, and track seasonal influenza vaccines July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 64 1 to ensure broad-based distribution, access, and vaccine 2 coverage: Provided further, That funds provided under this 3 heading in this Act may reimburse CDC obligations in4 curred for coronavirus vaccine planning, preparation, pro5 motion, and distribution prior to the enactment of this 6 Act: Provided further, That CDC shall report to the Com7 mittees on Appropriations of the House of Representatives 8 and the Senate within 60 days of enactment of this Act 9 on an enhanced seasonal influenza vaccination strategy to 10 include nationwide vaccination goals and specific actions 11 that CDC will take to achieve such goals: Provided further, 12 That of the amount provided under this heading in this 13 Act, not less than $200,000,000 shall be for global disease 14 detection and emergency response to be coordinated with 15 funds provided in Public Law 116–123 and Public Law 16 116–136 to global disease detection and emergency re17 sponse to support CDC-led global health security response 18 including CDC regional planning efforts: Provided further, 19 That CDC shall provide an update to the global health 20 security report required in Public Law 116-94 within 90 21 days of enactment of this Act that shall include a spend 22 plan for funds appropriated in the previous proviso and 23 funds appropriated for global disease detection and emer24 gency response in Public Law 116–123 and Public Law 25 116–136: Provided further, That such spend plan shall de- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 65 1 scribe the regions and countries that CDC will prioritize 2 and describe how CDC and USAID are coordinating dur3 ing planning and implementation: Provided further, That 4 within one year of enactment of this Act and every 365 5 days thereafter until funds provided in the eighth proviso 6 in this paragraph and in Public Law 116–123 and Public 7 Law 116–136 for global disease detection and emergency 8 response are expended, CDC shall provide an evaluation 9 outlining how investments in countering global health 10 threats, as well as investments made by region or country, 11 as applicable, have improved infectious disease response 12 capability in the region or country and additional progress 13 needed: Provided further, That of the amount provided 14 under this heading in this Act, not less than $200,000,000 15 shall be for public health data surveillance and analytics 16 modernization to be coordinated with funds provided in 17 Public Law 116–136 to support CDC-led data moderniza18 tion efforts to improve disease reporting across the coun19 try: Provided further, That CDC shall update the public 20 health data surveillance and IT systems modernization re21 port to the Committees on Appropriations of the House 22 of Representatives and the Senate required by Public Law 23 116–94 within 180 days of enactment of this Act and 24 every 365 days thereafter until funds provided under this 25 heading in this Act and in Public Law 116–136 for public July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 66 1 health surveillance and data collection modernization are 2 expended: Provided further, That such report shall include 3 an assessment of the progress State and territorial public 4 health lab grantees have had in meeting data moderniza5 tion goals, an assessment of the progress CDC internal 6 public health data systems have had meeting data mod7 ernization goals, and a detailed plan for CDC’s long-term 8 data modernization goals, including how CDC will receive 9 near real-time data across the disease reporting platforms: 10 Provided further, That funds appropriated under this 11 heading in this Act may be used for grants for the rent, 12 lease, purchase, acquisition, construction, alteration, or 13 renovation of non-federally owned facilities to improve pre14 paredness and response capability at the State, territorial, 15 tribal, and local level: Provided further, That funds pro16 vided under this heading in this Act may be used for pur17 chase and insurance of official motor vehicles in foreign 18 countries: Provided further, That of the amount provided 19 under this heading in this Act, $1,000,000 shall be to de20 velop and maintain a data system to be known as the Pub21 lic Safety Officer Suicide Reporting System, to collect data 22 on the suicide incidence among public safety officers; and 23 facilitate the study of successful interventions to reduce 24 suicide among public safety officers: Provided further, 25 That such system shall be integrated into the National July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 67 1 Violent Death Reporting System: Provided further, That 2 amounts repurposed under this heading in this Act that 3 were previously designated by the Congress as an emer4 gency requirement pursuant to the Balanced Budget and 5 Emergency Deficit Control Act of 1985 are designated by 6 the Congress as an emergency requirement pursuant to 7 section 251(b)(2)(A)(i) of the Balanced Budget and 8 Emergency Deficit Control Act of 1985: Provided further, 9 That such amount is designated by the Congress as being 10 for an emergency requirement pursuant to section 11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 12 Deficit Control Act of 1985. 13 NATIONAL INSTITUTES OF HEALTH 14 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE 15 For an additional amount for ‘‘National Heart, Lung, 16 and Blood Institute’’, $290,000,000, to remain available 17 until September 30, 2024, to prevent, prepare for, and re18 spond to coronavirus, domestically or internationally: Pro19 vided, That such amount is designated by the Congress 20 as being for an emergency requirement pursuant to sec21 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer22 gency Deficit Control Act of 1985. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 68 1 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND 2 KIDNEY DISEASES 3 For an additional amount for ‘‘National Institute of 4 Diabetes and Digestive and Kidney Diseases’’, 5 $200,000,000, to remain available until September 30, 6 2024, to prevent, prepare for, and respond to coronavirus, 7 domestically or internationally: 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 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS 13 DISEASES 14 For an additional amount for ‘‘National Institute of 15 Allergy and Infectious Diseases’’, $480,555,000, to re16 main available until September 30, 2024, to prevent, pre17 pare for, and respond to coronavirus, domestically or 18 internationally: Provided, That $55,000,000 shall be for 19 Regional Biocontainment Laboratories: Provided further, 20 That funding provided in the previous proviso shall be di21 vided evenly among the eleven laboratories: Provided fur22 ther, That such amount is designated by the Congress as 23 being for an emergency requirement pursuant to section 24 251(b)(2)(A)(i) of the Balanced Budget and Emergency 25 Deficit Control Act of 1985. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 69 1 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF 2 CHILD HEALTH AND HUMAN DEVELOPMENT 3 For an additional amount for ‘‘Eunice Kennedy 4 Shriver National Institute of Child Health and Human 5 Development’’, $172,680,000, to remain available until 6 September 30, 2024, 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 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, domestically or internationally: Provided, 17 That such amount is designated by the Congress as being 18 for an emergency requirement pursuant to section 19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 20 Deficit Control Act of 1985. 21 NATIONAL INSTITUTE ON MINORITY HEALTH AND 22 HEALTH DISPARITIES 23 For an additional amount for ‘‘National Institute on 24 Minority Health and Health Disparities’’, $64,334,000, to 25 remain available until September 30, 2024, to prevent, July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 70 1 prepare for, and respond to coronavirus, domestically or 2 internationally: 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 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL 7 SCIENCES 8 For an additional amount for ‘‘National Center for 9 Advancing Translational Sciences’’, $1,224,750,000, to 10 remain available until September 30, 2024, to prevent, 11 prepare for, and respond to coronavirus, domestically or 12 internationally: Provided, That such amount is designated 13 by the Congress as being for an emergency requirement 14 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg15 et and Emergency Deficit Control Act of 1985. 16 OFFICE OF THE DIRECTOR 17 (INCLUDING TRANSFER OF FUNDS) 18 For an additional amount for ‘‘Office of the Direc- 19 tor’’, $12,905,337,000, to remain available until Sep20 tember 30, 2024, to prevent, prepare for, and respond to 21 coronavirus, domestically or internationally: Provided, 22 That not less than $10,100,000,000 of the amount pro23 vided under this heading in this Act shall be for offsetting 24 the costs related to reductions in lab productivity resulting 25 from the coronavirus pandemic or public health measures July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 71 1 related to the coronavirus pandemic: Provided further, 2 That $1,325,337,000 of the amount provided under this 3 heading in this Act shall be to support additional scientific 4 research or the programs and platforms that support re5 search: Provided further, That $1,240,000,000 of the 6 amount provided under this heading in this Act shall be 7 provided to accelerate the research and development of 8 therapeutic interventions and vaccines in partnership: Pro9 vided further, that no less than $240,000,000 of the 10 amount provided under this heading in this Act shall be 11 for supplements to existing research training awards for 12 extensions and other costs: Provided further, That funds 13 available under this heading in this Act may be trans14 ferred to the accounts of Institutes and Centers of the 15 NIH: Provided further, That this transfer authority is in 16 addition to any other transfer authority available to the 17 NIH: Provided further, That the Director shall enter into 18 an agreement with the National Academies of Sciences, 19 Engineering, and Medicine (‘‘Academies’’) to develop a de20 cision framework to assist domestic and global health au21 thorities in planning an equitable allocation of coronavirus 22 vaccines: Provided further, That the Academies shall con23 sider equity criteria which may include consideration of 24 risk factors related to health disparities and health care 25 access, underlying health conditions, racial and ethnic mi- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 72 1 norities, higher-risk occupations, first responders, geo2 graphic distribution of the virus, and vaccine hesitancy: 3 Provided further, That the Academies shall provide rec4 ommendations to the Advisory Committee on Immuniza5 tion Practices no later than September 18, 2020: Provided 6 further, That the agreement shall include an ongoing as7 sessment of how vaccine distribution meets equity criteria 8 and recommendations for how vaccine distribution may 9 better align with such criteria as applicable which shall 10 inform the Advisory Committee on Immunization Prac11 tices prioritization recommendations and vaccine distribu12 tion activities: Provided further, That such amount is des13 ignated by the Congress as being for an emergency re14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985. 16 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 17 ADMINISTRATION 18 HEALTH SURVEILLANCE AND PROGRAM SUPPORT 19 For an additional amount for ‘‘Heath Surveillance 20 and Program Support’’, $4,500,000,000, to remain avail21 able through September 30, 2021, to prevent, prepare for, 22 and respond to coronavirus, domestically or internation23 ally: Provided, That of the amount appropriated under 24 this heading in this Act, $1,500,000,000 shall be for 25 grants for the substance abuse prevention and treatment July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 73 1 block grant program under subpart II of part B of title 2 XIX of the Public Health Service Act (‘‘PHS Act’’): Pro3 vided further, That of the amount appropriated under this 4 heading in this Act, $2,000,000,000 shall be for grants 5 for the community mental health services block grant pro6 gram under subpart I of part B of title XIX of the PHS 7 Act: Provided further, That of the amount appropriated 8 in the previous proviso, the Assistant Secretary is directed 9 to provide no less than 50 percent of funds directly to fa10 cilities defined in section 1913(c) of the PHS Act: Pro11 vided further, That of the amount appropriated under this 12 heading in this Act, not less than $600,000,000 is avail13 able for Certified Community Behavioral Health Clinic 14 Expansion Grant program: Provided further, That of the 15 amount appropriated under this heading in this Act, not 16 less than $50,000,000 shall be available for suicide pre17 vention programs: Provided further, That of the amount 18 appropriated under this heading in this Act, $100,000,000 19 shall be for activities and services under Project AWARE: 20 Provided further, That of the amount appropriated under 21 this heading in this Act, not less than $250,000,000 is 22 available for activities authorized under section 501(o) of 23 the PHS Act: Provided further, That from within the 24 amount appropriated under this heading in this Act in the 25 previous provisos, a total of not less than $15,000,000 July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 74 1 shall be allocated to tribes, tribal organizations, urban In2 dian health organizations, or health or behavioral health 3 service providers to tribes: Provided further, That with re4 spect to the amount appropriated under this heading in 5 this Act the Substance Abuse and Mental Health Services 6 Administration may waive requirements with respect to al7 lowable activities, timelines, or reporting requirements for 8 the Substance Abuse Prevention and Treatment Block 9 Grant and the Community Mental Health Services Block 10 Grant as deemed necessary to facilitate a grantee’s re11 sponse to coronavirus: Provided further, That such amount 12 is designated by the Congress as being for an emergency 13 requirement pursuant to section 251(b)(2)(A)(i) of the 14 Balanced Budget and Emergency Deficit Control Act of 15 1985. 16 17 18 CENTERS FOR MEDICARE & MEDICAID SERVICES PROGRAM MANAGEMENT For an additional amount for ‘‘Program Manage- 19 ment’’, $150,000,000, to remain available through Sep20 tember 30, 2023, to prevent, prepare for, and respond to 21 coronavirus, domestically and internationally: Provided, 22 That amounts appropriated under this heading in this Act 23 shall be for Centers for Medicare and Medicaid Services 24 (‘‘CMS’’) strike teams for resident and employee safety 25 in skilled nursing facilities and nursing facilities, including July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 75 1 activities to support clinical care, infection control, and 2 staffing: Provided further, That CMS shall provide a re3 port to the Committees on Appropriations of the House 4 of Representatives and the Senate 30 days after enact5 ment of this Act outlining a plan for executing strike team 6 efforts, including how safety and infection control meas7 ures will be assessed, how facilities will be chosen, and 8 the frequency by which skilled nursing facilities and nurs9 ing facilities will be visited: Provided further, That CMS 10 shall administer section 223 of Public Law 113–93 and 11 consult with the Substance Abuse and Mental Health 12 Services Administration, as necessary: Provided further, 13 That such amount is designated by the Congress as being 14 for an emergency requirement pursuant to section 15 251(b)(2)(A)(i) of the Balanced Budget and Emergency 16 Deficit Control Act of 1985. 17 18 19 ADMINISTRATION FOR CHILDREN AND FAMILIES LOW INCOME HOME ENERGY ASSISTANCE For an additional amount for ‘‘Low Income Home 20 Energy Assistance’’, $1,500,000,000, to remain available 21 through September 30, 2021, to prevent, prepare for, or 22 respond to coronavirus, domestically or internationally, 23 which shall be for making payments under subsection (b) 24 of section 2602 of the Low-Income Home Energy Assist25 ance Act of 1981 (42 U.S.C. 8621 et seq.): Provided, That July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 76 1 of the amount provided under this heading in this Act, 2 $375,000,000 shall be allocated as though the total appro3 priation for such payments for fiscal year 2020 was less 4 than $1,975,000,000: Provided further, That section 5 2607(b)(2)(B) of such Act (42 U.S.C. 8626(b)(2)(B)) 6 shall not apply to funds made available under this heading 7 in this Act in fiscal year 2020: Provided further, That such 8 amount is designated by the Congress as being for an 9 emergency requirement pursuant to section 10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985. 12 PAYMENTS TO STATES FOR THE CHILD CARE AND 13 DEVELOPMENT BLOCK GRANT 14 For an additional amount for ‘‘Payments to States 15 for the Child Care and Development Block Grant’’, 16 $5,000,000,000, to remain available through September 17 30, 2021, to prevent, prepare for, and respond to 18 coronavirus, domestically or internationally, including for 19 Federal administrative expenses, which shall be used to 20 supplement, not supplant State, Territory, and Tribal gen21 eral revenue funds for child care assistance for low-income 22 families within the United States (including territories) 23 without regard to requirements in sections 24 658E(c)(3)(D)–(E) or 658G of the Child Care and Devel25 opment Block Grant Act: Provided, That funds provided July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 77 1 under this heading in this Act may be used to provide con2 tinued payments and assistance to child care providers in 3 the case of decreased enrollment or closures related to 4 coronavirus, and to assure they are able to remain open 5 or reopen as appropriate and applicable: Provided further, 6 That States, Territories, and Tribes are encouraged to 7 place conditions on payments to child care providers that 8 ensure that child care providers use a portion of funds 9 received to continue to pay the salaries and wages of staff: 10 Provided further, That the Secretary shall remind States 11 that CCDBG State plans do not need to be amended prior 12 to utilizing existing authorities in the CCDBG Act for the 13 purposes provided herein: Provided further, That States, 14 Territories, and Tribes are authorized to use funds appro15 priated under this heading in this Act to provide child care 16 assistance to health care sector employees, emergency re17 sponders, sanitation workers, and other workers deemed 18 essential during the response to coronavirus by public offi19 cials, without regard to the income eligibility requirements 20 of section 658P(4) of such Act: Provided further, That 21 funds appropriated under this heading in this Act shall 22 be available to eligible child care providers under section 23 658P(6) of the CCDBG Act, even if such providers were 24 not receiving CCDBG assistance prior to the public health 25 emergency as a result of the coronavirus and any renewal July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 78 1 of such declaration pursuant to such section 319, for the 2 purposes of cleaning and sanitation, and other activities 3 necessary to maintain or resume the operation of pro4 grams: Provided further, That payments made under this 5 heading in this Act may be obligated in this fiscal year 6 or the succeeding two fiscal years: Provided further, That 7 funds appropriated under this heading in this Act may be 8 made available to restore amounts, either directly or 9 through reimbursement, for obligations incurred to pre10 vent, prepare for, and respond to coronavirus, domestically 11 or internationally, prior to the date of enactment of this 12 Act: Provided further, That such amount is designated by 13 the Congress as being for an emergency requirement pur14 suant to section 251(b)(2)(A)(i) of the Balanced Budget 15 and Emergency Deficit Control Act of 1985. 16 17 CHILDREN AND FAMILIES SERVICES PROGRAMS For an additional amount for ‘‘Children and Families 18 Services Programs’’, $190,000,000, to remain available 19 through September 30, 2021, to prevent, prepare for, and 20 respond to coronavirus, domestically or internationally, in21 cluding for Federal administrative expenses, which shall 22 be used as follows: 23 (1) $65,000,000 for Family Violence Prevention 24 and Services grants as authorized by section 303(a) 25 and 303(b) of the Family Violence and Prevention July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 79 1 and Services Act with such funds available to grant- 2 ees without regard to matching requirements under 3 section 306(c)(4) of such Act, of which $2,000,000 4 shall be for the National Domestic Violence Hotline: 5 Provided, That the Secretary may make such funds 6 available for providing temporary housing and as- 7 sistance to victims of family, domestic, and dating 8 violence; 9 (2) $75,000,000 for child welfare services as 10 authorized by subpart 1 of part B of title IV of the 11 Social Security Act (other than sections 426, 427, 12 and 429 of such subpart), with such funds available 13 to grantees without regard to matching requirements 14 under section 424(a) of that Act or any applicable 15 reductions in Federal financial participation under 16 section 424(f) of that Act; and 17 (3) $50,000,000 for necessary expenses for 18 community-based grants for the prevention of child 19 abuse and neglect under section 209 of the Child 20 Abuse Prevention and Treatment Act, which the 21 Secretary shall make available without regard to sec- 22 tion 203(b)(1) and 204(4) of such Act: 23 Provided further, That funds appropriated under this 24 heading in this Act may be made available to restore 25 amounts, either directly or through reimbursement, for ob- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 80 1 ligations incurred to prevent, prepare for, and respond to 2 coronavirus, domestically or internationally, prior to the 3 date of enactment of this Act: 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 BACK TO WORK CHILD CARE GRANTS For an additional amount for ‘‘Back to Work Child 10 Care Grants’’, $10,000,000,000, to remain available 11 through September 30, 2021, to prevent, prepare for, and 12 respond to coronavirus, domestically or internationally, 13 which shall be for activities to carry out Back to Work 14 Child Care Grants to qualified child care providers, for 15 a transition period of not more than 9 months to assist 16 in paying for fixed costs and increased operating expenses 17 due to COVID–19, and to reenroll children in an environ18 ment that supports the health and safety of children and 19 staff: Provided, That such amount is designated by the 20 Congress as being for an emergency requirement pursuant 21 to section 251(b)(2)(A)(i) of the Balanced Budget and 22 Emergency Deficit Control Act of 1985. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 81 1 2 3 ADMINISTRATION FOR COMMUNITY LIVING AGING AND DISABILITY SERVICES PROGRAMS For an additional amount for ‘‘Aging and Disability 4 Services Programs’’, $75,000,000, to remain available 5 until September 30, 2021, to prevent, prepare for, and re6 spond to coronavirus, domestically or internationally: Pro7 vided, That of the amount made available under this head8 ing in this Act to prevent, prepare for, and respond to 9 coronavirus, $58,000,000 shall be for activities authorized 10 under the Older Americans Act of 1965 (‘‘OAA’’), includ11 ing $3,000,000 to implement a demonstration program on 12 strategies to recruit, retain, and advance direct care work13 ers under section 411(a)(13) of the OAA; $35,000,000 for 14 supportive services under part B of title III; and 15 $20,000,000 for support services for family caregivers 16 under part E of title III: Provided further, That of the 17 amount made available under this heading in this Act, 18 $10,000,000 shall be available to support protection and 19 advocacy systems, as described under subtitle C of title 20 I of the Developmental Disabilities Assistance and Bill of 21 Rights Act of 2000 (42 U.S.C. 15041 et seq.): Provided 22 further, That of the amount made available under this 23 heading in this Act, $2,000,000 shall be for training, tech24 nical assistance, and resource centers authorized under 25 sections 202(a) and 411 of the OAA; training and tech- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 82 1 nical assistance to centers for independent living as au2 thorized under section 721(b) of the Rehabilitation Act of 3 1973 (except that the reservations under paragraph (1) 4 of such section shall not apply); technical assistance by 5 the Secretary of Health and Human Services (‘‘Sec6 retary’’) to State Councils on Developmental Disabilities 7 as authorized under subtitle B of title I of the Develop8 mental Disabilities Assistance and Bill of Rights Act of 9 2000 (except that the reservations under section 129(b) 10 of such Act shall not apply); technical assistance by the 11 Secretary to protection and advocacy systems as author12 ized under subtitle C of such title (except that the limits 13 under section 142(a)(6) of such Act shall not apply); and 14 technical assistance to University Centers for Excellence 15 in Developmental Disabilities Education, Research, and 16 Service as authorized under section 151(c) of such Act 17 (except that the reservations under section 156(a)(3)(B) 18 of such Act shall not apply): Provided further, That of the 19 amount made available under this heading in this Act, 20 $5,000,000 shall be for activities authorized in the Assist21 ive Technology Act of 2004: Provided further, That such 22 amount is designated by the Congress as being for an 23 emergency requirement pursuant to section 24 251(b)(2)(A)(i) of the Balanced Budget and Emergency 25 Deficit Control Act of 1985. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 83 1 OFFICE OF THE SECRETARY 2 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 3 FUND 4 (INCLUDING TRANSFER OF FUNDS) 5 For an additional amount for ‘‘Public Health and So- 6 cial Services Emergency Fund’’, $29,000,000,000, to re7 main available until September 30, 2024, to prevent, pre8 pare for, and respond to coronavirus, domestically or 9 internationally, including the development of necessary 10 countermeasures and vaccines, prioritizing platform-based 11 technologies with U.S.-based manufacturing capabilities, 12 the purchase of vaccines, therapeutics, diagnostics, nec13 essary medical supplies, as well as medical surge capacity, 14 addressing blood supply chain, workforce modernization, 15 telehealth access and infrastructure, initial advanced man16 ufacturing, novel dispensing, enhancements to the U.S. 17 Commissioned Corps, and other preparedness and re18 sponse activities: Provided, That funds appropriated under 19 this paragraph in this Act may be used to develop and 20 demonstrate innovations and enhancements to manufac21 turing platforms to support such capabilities: Provided 22 further, That the Secretary of Health and Human Services 23 shall purchase vaccines developed using funds made avail24 able under this paragraph in this Act to respond to an 25 outbreak or pandemic related to coronavirus in quantities July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 84 1 determined by the Secretary to be adequate to address the 2 public health need: Provided further, That products pur3 chased by the Federal government with funds made avail4 able under this paragraph in this Act, including vaccines, 5 therapeutics, and diagnostics, shall be purchased in ac6 cordance with Federal Acquisition Regulation guidance on 7 fair and reasonable pricing: Provided further, That the 8 Secretary may take such measures authorized under cur9 rent law to ensure that vaccines, therapeutics, and 10 diagnostics developed from funds provided in this Act will 11 be affordable in the commercial market: Provided further, 12 That in carrying out the previous proviso, the Secretary 13 shall not take actions that delay the development of such 14 products: Provided further, That the Secretary shall en15 sure that protections remain for individuals enrolled in 16 group or individual health care coverage with pre-existing 17 conditions, including those linked to coronavirus: Provided 18 further, That products purchased with funds appropriated 19 under this paragraph in this Act may, at the discretion 20 of the Secretary of Health and Human Services, be depos21 ited in the Strategic National Stockpile under section 22 319F–2 of the Public Health Service Act: Provided fur23 ther, That of the amount appropriated under this para24 graph in this Act, not more than $2,000,000,000 shall be 25 for the Strategic National Stockpile under section 319F– July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 85 1 2(a) of such Act: Provided further, That funds appro2 priated under this paragraph in this Act may be trans3 ferred to, and merged with, the fund authorized by section 4 319F–4, the Covered Counter measure Process Fund, of 5 the Public Health Service Act: Provided further, That of 6 the amount appropriated under this paragraph in this Act, 7 $20,000,000,000 shall be available to the Biomedical Ad8 vanced Research and Development Authority for necessary 9 expenses of manufacturing, production, and purchase, at 10 the discretion of the Secretary, of vaccines, therapeutics, 11 diagnostics, and small molecule active pharmaceutical in12 gredients, including the development, translation, and 13 demonstration at scale of innovations in manufacturing 14 platforms: Provided further, That funds in the previous 15 proviso may be used for the construction or renovation of 16 U.S.-based next generation manufacturing facilities, other 17 than facilities owned by the United States Government: 18 Provided further, That of the amount provided under this 19 heading in this Act, $6,000,000,000 shall be for activities 20 to plan, prepare for, promote, distribute, administer, mon21 itor, and track coronavirus vaccines to ensure broad-based 22 distribution, access, and vaccine coverage: Provided fur23 ther, That the Secretary shall coordinate funding and ac24 tivities outlined in the previous proviso through the Direc25 tor of CDC: Provided further, That the Secretary, through July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 86 1 the Director of CDC, shall report to the Committees on 2 Appropriations of the House of Representatives and the 3 Senate within 60 days of enactment of this Act on a com4 prehensive coronavirus vaccine distribution strategy and 5 spend plan that includes how existing infrastructure will 6 be leveraged, enhancements or new infrastructure that 7 may be built, considerations for moving and storing vac8 cines, guidance for how States and health care providers 9 should prepare for, store, and administer vaccines, nation10 wide vaccination targets, funding that will be distributed 11 to States, how an informational campaign to both the pub12 lic and health care providers will be executed, and how 13 the vaccine distribution plan will focus efforts on high risk, 14 underserved, and minority populations: Provided further, 15 That such plan shall be updated and provided to the Com16 mittees on Appropriations of the House of Representatives 17 and the Senate 90 days after submission of the first plan: 18 Provided further, That the Secretary shall notify the Com19 mittees on Appropriations of the House of Representatives 20 and the Senate 2 days in advance of any obligation in ex21 cess of $50,000,000, including but not limited to contracts 22 and interagency agreements, from funds provided in this 23 paragraph in this Act: Provided further, That funds appro24 priated under this paragraph in this Act may be used for 25 the construction, alteration, or renovation of non-federally July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 87 1 owned facilities for the production of vaccines, thera2 peutics, diagnostics, and medical supplies where the Sec3 retary determines that such a contract is necessary to se4 cure sufficient amounts of such supplies: Provided further, 5 That the not later than 30 days after enactment of this 6 Act, and every 30 days thereafter until funds are ex7 pended, the Secretary shall report to the Committees on 8 Appropriations of the House of Representatives and the 9 Senate on uses of funding for Operation Warp Speed, de10 tailing current obligations by Department or Agency, or 11 component thereof broken out by the coronavirus supple12 mental appropriations Act that provided the source of 13 funds: Provided further, That the plan outlined in the pre14 vious proviso shall include funding by contract, grant, or 15 other transaction in excess of $20,000,000 with a notation 16 of which Department or Agency, and component thereof 17 is managing the contract: Provided further, That such 18 amount is designated by the Congress as being for an 19 emergency requirement pursuant to section 20 251(b)(2)(A)(i) of the Balanced Budget and Emergency 21 Deficit Control Act of 1985. 22 For an additional amount for ‘‘Public Health and So- 23 cial Services Emergency Fund’’, $8,085,000,000, to re24 main available until September 30, 2022, to prevent, pre25 pare for, and respond to coronavirus, domestically or July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 88 1 internationally: Provided, That $7,600,000,000 of the 2 funds appropriated under this paragraph in this Act shall 3 be transferred to ‘‘Health Resources and Services Admin4 istration—Primary Health Care’’ for grants, cooperative 5 agreements, and other necessary expenses under the 6 Health Centers Program, as defined by section 330 of the 7 PHS Act, including funding for alteration, renovation, 8 construction, equipment, and other capital improvement 9 costs, and including funding to support, maintain, or in10 crease health center capacity and staffing levels, as nec11 essary, to meet the needs of areas affected by coronavirus: 12 Provided further, That sections 330(r)(2)(B), 330(e)(3), 13 330(e)(6)(A)(iii), and 330(e)(6)(B)(iii) of the PHS Act 14 shall not apply to funds in the preceding proviso: Provided 15 further, That funding made available under this paragraph 16 in this Act shall not be subject to requirements under the 17 National Environmental Policy Act of 1969 or the Na18 tional Historic Preservation Act of 1966: Provided further, 19 That for the purposes of any funding provided for fiscal 20 year 2020 for the Health Centers Program pursuant to 21 section 330 of the PHS Act (42 U.S.C. 254b), maintain22 ing current health center capacity and staffing levels dur23 ing a public health emergency as a result of the 24 coronavirus and any renewal of such declaration pursuant 25 to such section 319 shall be deemed a cost of prevention, July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 89 1 diagnosis, and treatment of coronavirus: Provided further, 2 That $250,000,000 of the funds appropriated under this 3 paragraph in this Act shall be transferred to ‘‘Health Re4 sources and Services Administration—Bureau of Health 5 Workforce’’, to remain available until September 30, 6 2022, for supplements to existing payments under sub7 sections 340E(a) and (h)(1) notwithstanding the cap im8 posed by subsection (h)(1) and notwithstanding subsection 9 (h)(6), for Children’s Hospitals Graduate Medical Edu10 cation, to prevent, prepare for, and respond to 11 coronavirus, domestically or internationally: Provided fur12 ther, That $5,000,000 of the funds appropriated under 13 this paragraph in this Act shall be transferred to ‘‘Health 14 Resources and Services Administration—Health Care Sys15 tems’’, to remain available until September 30, 2022, for 16 activities under sections 1271 and 1273 of the PHS Act 17 to improve the capacity of poison control centers to re18 spond to increased calls: Provided further, That of the 19 amount appropriated under this paragraph in this Act, 20 $225,000,000 shall be for grants or other mechanisms, to 21 rural health clinics as defined in section 1861(aa)(2) of 22 the Social Security Act with such funds also available to 23 such entities for building or construction of temporary 24 structures, leasing of properties, and retrofitting facilities 25 as necessary to support COVID–19 testing: Provided fur- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 90 1 ther, That such funds shall be distributed using the proce2 dures developed for the Provider Relief Fund authorized 3 under the third paragraph under this heading in division 4 B of the Coronavirus Aid, Relief, and Economic Security 5 Act (Public Law 116–136); may be distributed using con6 tracts or agreements established for such program; and 7 shall be subject to the process requirements applicable to 8 such program: Provided further, That the Secretary may 9 specify a minimum amount for each eligible entity accept10 ing assistance under the two previous provisos: Provided 11 further, That of the amount made available under this 12 heading in this Act to prevent, prepare for, and respond 13 to coronavirus, $5,000,000, shall be available to imple14 ment section 747A of the PHS Act and section 747A(c) 15 shall not apply to these funds: Provided further, That such 16 amount is designated by the Congress as being for an 17 emergency requirement pursuant to section 18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 19 Deficit Control Act of 1985. 20 For an additional amount for ‘‘Public Health and So- 21 cial Services Emergency Fund’’, $16,000,000,000, to re22 main available until expended, to prevent, prepare for, and 23 respond to coronavirus, domestically or internationally, 24 which shall be for necessary expenses for testing, contact 25 tracing, surveillance, containment, and mitigation to mon- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 91 1 itor and suppress COVID–19, including tests for both ac2 tive infection and prior exposure, including molecular, 3 antigen, and serological tests, the manufacturing, procure4 ment and distribution of tests, testing equipment and test5 ing supplies, including personal protective equipment 6 needed for administering tests, the development and vali7 dation of rapid, molecular point-of-care tests, and other 8 tests, support for workforce, epidemiology, to scale up aca9 demic, commercial, public health, and hospital labora10 tories, to conduct surveillance and contact tracing, support 11 development of COVID–19 testing plans, and other re12 lated activities related to COVID–19 testing: Provided, 13 That of the amount appropriated under this paragraph in 14 this Act, not less than $15,000,000,000 shall be for 15 States, localities, territories, tribes, tribal organizations, 16 urban Indian health organizations, or health service pro17 viders to tribes for necessary expenses for testing, contact 18 tracing, surveillance, containment, and mitigation, includ19 ing support for workforce, epidemiology, use by employers, 20 elementary and secondary schools, child care facilities, in21 stitutions of higher education, long-term care facilities, or 22 in other settings, scale up of testing by public health, aca23 demic, commercial, and hospital laboratories, and commu24 nity-based testing sites, health care facilities, and other 25 entities engaged in COVID–19 testing, and other related July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 92 1 activities related to COVID–19 testing, contact tracing, 2 surveillance, containment, and mitigation: Provided fur3 ther, That the amount identified in the preceding proviso 4 shall be allocated to States, localities, and territories ac5 cording to the formula that applied to the Public Health 6 Emergency Preparedness cooperative agreement in fiscal 7 year 2019: Provided further, That not less than 8 $500,000,000 shall be allocated in coordination with the 9 Director of the Indian Health Service, to tribes, tribal or10 ganizations, urban Indian health organizations, or health 11 service providers to tribes: Provided further, That the Sec12 retary of Health and Human Services (referred to in this 13 paragraph as the ‘‘Secretary’’) may satisfy the funding 14 thresholds outlined in the first and third provisos under 15 this paragraph in this Act by making awards through 16 other grant or cooperative agreement mechanisms: Pro17 vided further, That the Governor or designee of each State, 18 locality, territory, tribe, or tribal organization receiving 19 funds pursuant to this Act shall update their plans, as 20 applicable, for COVID–19 testing and contact tracing sub21 mitted to the Secretary pursuant to the Paycheck Protec22 tion Program and Health Care Enhancement Act (Public 23 Law 116–139) and submit such updates to the Secretary 24 not later than 60 days after funds appropriated in this 25 paragraph in this Act have been awarded to such recipient: July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 93 1 Provided further, That funds an entity receives from 2 amounts described in the first proviso in this paragraph 3 may also be used for the rent, lease, purchase, acquisition, 4 construction, alteration, renovation, or equipping of non5 federally owned facilities to improve coronavirus prepared6 ness and response capability at the State and local level: 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 For an additional amount for ‘‘Public Health and So- 12 cial Services Emergency Fund’’, $25,000,000,000, to re13 main available until expended, to prevent, prepare for, and 14 respond to coronavirus, domestically or internationally, 15 which shall be for necessary expenses to reimburse, 16 through grants or other mechanisms, eligible health care 17 providers for health care related expenses or lost revenues 18 that are attributable to coronavirus: Provided, That these 19 funds may not be used to reimburse expenses or losses 20 that have been reimbursed from other sources or that 21 other sources are obligated to reimburse: Provided further, 22 That recipients of payments under this paragraph shall 23 submit reports and maintain documentation as the Sec24 retary determines are needed to ensure compliance with 25 conditions that are imposed by this paragraph for such July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 94 1 payments, and such reports and documentation shall be 2 in such form, with such content, and in such time as the 3 Secretary may prescribe for such purpose: Provided fur4 ther, That ‘‘eligible health care providers’’ means public 5 entities, Medicare or Medicaid enrolled suppliers and pro6 viders, and such for-profit entities and not-for-profit enti7 ties not otherwise described in this proviso as the Sec8 retary may specify, within the United States (including 9 territories), that provide diagnoses, testing, or care for in10 dividuals with possible or actual cases of COVID–19: Pro11 vided further, That the Secretary of Health and Human 12 Services shall, on a rolling basis, review applications and 13 make payments under this paragraph in this Act: Provided 14 further, That funds appropriated under this paragraph in 15 this Act shall be available for building or construction of 16 temporary structures, leasing of properties, medical sup17 plies and equipment including personal protective equip18 ment and testing supplies, increased workforce and 19 trainings, emergency operation centers, retrofitting facili20 ties, and surge capacity: Provided further, That, in this 21 paragraph, the term ‘‘payment’’ means a pre-payment, 22 prospective payment, or retrospective payment, as deter23 mined appropriate by the Secretary: Provided further, 24 That payments under this paragraph shall be made in con25 sideration of the most efficient payment systems prac- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 95 1 ticable to provide emergency payment: Provided further, 2 That to be eligible for a payment under this paragraph, 3 an eligible health care provider shall submit to the Sec4 retary of Health and Human Services an application that 5 includes a statement justifying the need of the provider 6 for the payment and the eligible health care provider shall 7 have a valid tax identification number: Provided further, 8 That, not later than 3 years after final payments are made 9 under this paragraph, the Office of Inspector General of 10 the Department of Health and Human Services shall 11 transmit a final report on audit findings with respect to 12 this program to the Committees on Appropriations of the 13 House of Representatives and the Senate: Provided fur14 ther, That nothing in this section limits the authority of 15 the Inspector General or the Comptroller General to con16 duct audits of interim payments at an earlier date: Pro17 vided further, That not later than 60 days after the date 18 of enactment of this Act, the Secretary of Health and 19 Human Services shall provide a report to the Committees 20 on Appropriations of the House of Representatives and the 21 Senate on obligation of funds, including obligations to 22 such eligible health care providers summarized by State 23 of the payment receipt: Provided further, That such re24 ports shall be updated and submitted to such Committees 25 every 60 days until funds are expended: Provided further, July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 96 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 GENERAL PROVISIONS 6 (INCLUDING TRANSFER OF FUNDS) 7 SEC. 810. Funds appropriated by this title may be 8 used by the Secretary of the Department of Health and 9 Human Services to appoint, without regard to the provi10 sions of sections 3309 through 3319 of title 5 of the 11 United States Code, candidates needed for positions to 12 perform critical work relating to coronavirus for which— 13 (1) public notice has been given; and 14 (2) the Secretary of Health and Human Serv- 15 ices has determined that such a public health threat 16 exists. 17 SEC. 811. Funds made available by this title may be 18 used to enter into contracts with individuals for the provi19 sion of personal services (as described in section 104 of 20 part 37 of title 48, Code of Federal Regulations (48 CFR 21 37.104)) to support the prevention of, preparation for, or 22 response to coronavirus, domestically and internationally, 23 subject to prior notification to the Committees on Appro24 priations of the House of Representatives and the Senate: 25 Provided, That such individuals may not be deemed em- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 97 1 ployees of the United States for the purpose of any law 2 administered by the Office of Personnel Management: Pro3 vided further, That the authority made available pursuant 4 to this section shall expire on September 30, 2024. 5 SEC. 812. (a) If services performed by an employee 6 during 2020 are determined by the head of the agency 7 to be primarily related to preparation, prevention, or re8 sponse to coronavirus, any premium pay for such services 9 shall be disregarded in calculating the aggregate of such 10 employee’s basic pay and premium pay for purposes of a 11 limitation under section 5547(a) of title 5, United States 12 Code, or under any other provision of law, whether such 13 employee’s pay is paid on a biweekly or calendar year 14 basis. 15 (b) Any overtime pay for such services shall be dis- 16 regarded in calculating any annual limit on the amount 17 of overtime pay payable in a calendar or fiscal year. 18 (c) With regard to such services, any pay that is dis- 19 regarded under either subsection (a) or (b) shall be dis20 regarded in calculating such employee’s aggregate pay for 21 purposes of the limitation in section 5307 of such title 5. 22 (d)(1) Pay that is disregarded under subsection (a) 23 or (b) shall not cause the aggregate of the employee’s basic 24 pay and premium pay for the applicable calendar year to 25 exceed the rate of basic pay payable for a position at level July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 98 1 II of the Executive Schedule under section 5313 of title 2 5, United States Code, as in effect at the end of such cal3 endar year. 4 (2) For purposes of applying this subsection to an 5 employee who would otherwise be subject to the premium 6 pay limits established under section 5547 of title 5, United 7 States Code, ‘‘premium pay’’ means the premium pay paid 8 under the provisions of law cited in section 5547(a). 9 (3) For purposes of applying this subsection to an 10 employee under a premium pay limit established under an 11 authority other than section 5547 of title 5, United States 12 Code, the agency responsible for administering such limit 13 shall determine what payments are considered premium 14 pay. 15 (e) This section shall take effect as if enacted on Feb- 16 ruary 2, 2020. 17 (f) If application of this section results in the pay- 18 ment of additional premium pay to a covered employee of 19 a type that is normally creditable as basic pay for retire20 ment or any other purpose, that additional pay shall not— 21 22 (1) be considered to be basic pay of the covered employee for any purpose; or 23 (2) be used in computing a lump-sum payment 24 to the covered employee for accumulated and ac- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 99 1 crued annual leave under section 5551 or section 2 5552 of title 5, United States Code. 3 SEC. 813. The paragraph codified at 42 U.S.C. 231 4 shall be applied in this and all other fiscal years as though 5 the phrase ‘‘central services’’ referred to central services 6 for any Federal agency, and this section shall be effective 7 as if enacted on the date of enactment of such paragraph. 8 SEC. 814. Funds appropriated by this title to the 9 heading ‘‘Department of Health and Human Services’’ ex10 cept for the amounts specified in the third, and fourth 11 paragraphs under the heading ‘‘Public Health and Social 12 Services Emergency Fund’’, may be transferred to, and 13 merged with, other appropriation accounts under the 14 headings ‘‘Centers for Disease Control and Prevention’’, 15 ‘‘Public Health and Social Services Emergency Fund’’, 16 ‘‘Administration for Children and Families’’, ‘‘Administra17 tion for Community Living’’, and ‘‘National Institutes of 18 Health’’ to prevent, prepare for, and respond to 19 coronavirus following consultation with the Office of Man20 agement and Budget: Provided, That the Committees on 21 Appropriations of the House of Representatives and the 22 Senate shall be notified 10 days in advance of any such 23 transfer: Provided further, That, upon a determination 24 that all or part of the funds transferred from an appro25 priation by this title are not necessary, such amounts may July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 100 1 be transferred back to that appropriation: Provided fur2 ther, That none of the funds made available by this title 3 may be transferred pursuant to the authority in section 4 205 of division A of Public Law 116–94 or section 241(a) 5 of the PHS Act. 6 SEC. 815. Of the funds appropriated by this title 7 under the heading ‘‘Public Health and Social Services 8 Emergency Fund’’, up to $6,000,000 shall be transferred 9 to, and merged with, funds made available under the head10 ing ‘‘Office of the Secretary, Office of Inspector General’’, 11 and shall remain available until expended, for oversight 12 of activities supported with funds appropriated to the De13 partment of Health and Human Services to prevent, pre14 pare for, and respond to coronavirus, domestically or 15 internationally: Provided, That the Inspector General of 16 the Department of Health and Human Services shall con17 sult with the Committees on Appropriations of the House 18 of Representatives and the Senate prior to obligating such 19 funds: Provided further, That the transfer authority pro20 vided by this section is in addition to any other transfer 21 authority provided by law. 22 SEC. 816. Funds made available in Public Law 113– 23 235 to the accounts of the National Institutes of Health 24 that were available for obligation through fiscal year 2015 25 are to remain available through fiscal year 2021 for the July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 101 1 liquidation of valid obligations incurred in fiscal year 2 2015: Provided, 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 SEC. 817. Section 675B(b)(3) of the Community 7 Services Block Grant Act (42 U.S.C. 9906(b)(3)) shall not 8 apply with respect to funds appropriated by the 9 Coronavirus Aid, Relief, and Economic Security Act (Pub10 lic Law 116–136) to carry out the Community Services 11 Block Grant Act (42 U.S.C. 9901 et seq.): Provided, That 12 the amounts repurposed in this section that were pre13 viously designated by the Congress as an emergency re14 quirement pursuant to the Balanced Budget and Emer15 gency Deficit Control Act of 1985 are designated by the 16 Congress as 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 DEPARTMENT OF EDUCATION 20 EDUCATION STABILIZATION FUND 21 For an additional amount for ‘‘Education Stabiliza- 22 tion Fund’’, $105,000,000,000, to remain available 23 through September 30, 2021, to prevent, prepare for, and 24 respond to coronavirus, domestically or internationally: 25 Provided, That such amount is designated by the Congress July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 102 1 as being for an emergency requirement pursuant to sec2 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer3 gency Deficit Control Act of 1985. 4 GENERAL PROVISIONS 5 EDUCATION STABILIZATION FUND 6 SEC. 821. (a) ALLOCATIONS.—From the amount 7 made available under this heading in this Act to carry out 8 the Education Stabilization Fund, the Secretary shall first 9 allocate— 10 (1) not more than one half of 1 percent to the 11 outlying areas on the basis of the terms and condi- 12 tions for funding provided under this heading in the 13 Coronavirus Aid, Relief, and Economic Security 14 (CARES) Act (Public Law 116–136); and 15 (2) one-half of 1 percent for the Secretary of 16 the Interior for programs operated or funded by the 17 Bureau of Indian Education, under the terms and 18 conditions established for funding provided under 19 this heading in the CARES Act (Public Law 116– 20 136). 21 (b) RESERVATIONS.—After carrying out subsection 22 (a), the Secretary shall reserve the remaining funds made 23 available as follows: 24 25 July 27, 2020 (3:54 p.m.) (1) 5 percent to carry out section 822 of this title. U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 103 1 2 (2) 67 percent to carry out section 823 of this title. 3 4 5 6 (3) 28 percent to carry out section 824 of this title. GOVERNOR’S EMERGENCY EDUCATION RELIEF FUND SEC. 822. (a) GRANTS.—From funds reserved under 7 section 821(b)(1) of this title, the Secretary shall make 8 supplemental Emergency Education Relief grants to the 9 Governor of each State with an approved application 10 under section 18002 of division B of the CARES Act 11 (Public Law 116–136). The Secretary shall award funds 12 under this section to the Governor of each State with an 13 approved application within 30 calendar days of enact14 ment of this Act. 15 (b) ALLOCATIONS.—The amount of each grant under 16 subsection (a) shall be allocated by the Secretary to each 17 State as follows: 18 19 (1) 60 percent on the basis of their relative population of individuals aged 5 through 24. 20 (2) 40 percent on the basis of their relative 21 number of children counted under section 1124(c) of 22 the Elementary and Secondary Education Act of 23 1965 (referred to under this heading as ‘‘ESEA’’). 24 (c) USES OF FUNDS.—Grant funds awarded under 25 subsection (b) may be used to— July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 104 1 (1) provide emergency support through grants 2 to local educational agencies that the State edu- 3 cational agency deems have been most significantly 4 impacted by coronavirus to support the ability of 5 such local educational agencies to continue to pro- 6 vide educational services to their students and to 7 support the on-going functionality of the local edu- 8 cational agency; 9 (2) provide emergency support through grants 10 to institutions of higher education serving students 11 within the State that the Governor determines have 12 been most significantly impacted by coronavirus to 13 support the ability of such institutions to continue to 14 provide educational services and support the on- 15 going functionality of the institution; and 16 (3) provide support to any other institution of 17 higher education, local educational agency, or edu- 18 cation related entity within the State that the Gov- 19 ernor deems essential for carrying out emergency 20 educational services to students for authorized ac- 21 tivities described in section 823(e) of this title, the 22 ESEA of 1965, the Higher Education Act of 1965, 23 the provision of child care and early childhood edu- 24 cation, social and emotional support, career and July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 105 1 technical education, adult education, and the protec- 2 tion of education-related jobs. 3 (d) REALLOCATION.—Each Governor shall return to 4 the Secretary any funds received under this section that 5 the Governor does not award within 6 months of receiving 6 such funds and the Secretary shall reallocate such funds 7 to the remaining States in accordance with subsection (b). 8 (e) REPORT.—A Governor receiving funds under this 9 section shall submit a report to the Secretary, not later 10 than 6 months after receiving funding provided in this 11 Act, in such manner and with such subsequent frequency 12 as the Secretary may require, that provides a detailed ac13 counting of the use of funds provided under this section. 14 ELEMENTARY AND SECONDARY SCHOOL EMERGENCY 15 RELIEF FUND 16 SEC. 823. (a) GRANTS.—From funds reserved under 17 section 821(b)(2) of this title, the Secretary shall make 18 supplemental elementary and secondary school emergency 19 relief grants to each State educational agency with an ap20 proved application under section 18003 of division B of 21 the CARES Act (Public Law 116–136). The Secretary 22 shall award funds under this section to each State edu23 cational agency with an approved application within 15 24 calendar days of enactment of this Act. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 106 1 (b) ALLOCATIONS TO STATES.—The amount of each 2 grant under subsection (a) shall be allocated by the Sec3 retary to each State in the same proportion as each State 4 received under part A of title I of the ESEA of 1965 in 5 the most recent fiscal year. 6 (c) SUBGRANTS.—From the payment provided by the 7 Secretary under subsection (b), the State educational 8 agency shall provide services and assistance to local edu9 cational agencies and non-public schools, consistent with 10 the provisions of this title. After carrying out the reserva11 tion of funds in section 825 of this title, each State shall 12 allocate not less than 90 percent of the remaining grant 13 funds awarded to the State under this section as sub14 grants to local educational agencies (including charter 15 schools that are local educational agencies) in the State 16 in proportion to the amount of funds such local edu17 cational agencies and charter schools that are local edu18 cational agencies received under part A of title I of the 19 ESEA of 1965 in the most recent fiscal year. The state 20 educational agency shall make such subgrants to local 21 educational agencies as follows— 22 (1) one-third of funds shall be awarded not less 23 than 15 calendar days after receiving an award from 24 the Secretary under this section; and July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 107 1 (2) the remaining two-thirds of funds shall be 2 awarded only after the local educational agency sub- 3 mits to the Governor and the Governor approves a 4 comprehensive school reopening plan for the 2020– 5 2021 school-year, based on criteria determined by 6 the Governor in consultation with the state edu- 7 cational agency (including criteria for the Governor 8 to carry out subparagraph (A) through (C)), that 9 describes how the local educational agency will safely 10 reopen schools with the physical presence of stu- 11 dents, consistent with maintaining safe and contin- 12 uous operations aligned with challenging state aca- 13 demic standards. The Governor shall approve such 14 plans within 30 days after the plan is submitted, 15 subject to the requirements in subparagraphs (A) 16 through (C). 17 (A) A local educational agency that pro- 18 vides in-person instruction for at least 50 per- 19 cent of its students where the students phys- 20 ically attend school no less than 50 percent of 21 each school-week, as it was defined by the local 22 educational agency prior to the coronavirus 23 emergency, shall have its plan automatically ap- 24 proved. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 108 1 (B) A local educational agency that does 2 not provide in-person instruction to any stu- 3 dents where the students physically attend 4 school in-person shall not be eligible to receive 5 a subgrant under paragraph (2). 6 (C) A local educational agency that pro- 7 vides in-person instruction to at least some stu- 8 dents where the students physically attend 9 school in-person but does not satisfy the re- 10 quirements in subparagraph (A) shall have its 11 allocation reduced on a pro rata basis as deter- 12 mined by the Governor. 13 (d) PLAN CONTENTS.—A school reopening plan sub- 14 mitted to a Governor under subsection (c)(2) shall include, 15 in addition to any other information necessary to meet the 16 criteria determined by the Governor— 17 (1) A detailed timeline for when the local edu- 18 cational agency will provide in-person instruction, in- 19 cluding the goals and criteria used for providing full- 20 time in-person instruction to all students; 21 (2) A description of how many days of in-per- 22 son instruction per calendar week the local edu- 23 cational agency plans to offer to students during the 24 2020–2021 school year; and July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 109 1 (3) An assurance that the local educational 2 agency will offer students as much in-person instruc- 3 tion as is safe and practicable, consistent with main- 4 taining safe and continuous operations aligned with 5 challenging state academic standards. 6 (e) USES OF FUNDS.— 7 (1) A local educational agency or non-public 8 school that receives funds under subsection (c)(1) or 9 section 825 may use funds for any of the following: 10 (A) Activities to support returning to in- 11 person instruction, including purchasing per- 12 sonal protective equipment, implementing flexi- 13 ble schedules to keep children in isolated 14 groups, purchasing box lunches so that children 15 can eat in their classroom, purchasing physical 16 barriers, providing additional transportation 17 services, repurposing existing school rooms and 18 space, and improving ventilation systems. 19 (B) Developing and implementing proce- 20 dures and systems to improve the preparedness 21 and response efforts of local educational agen- 22 cies or non-public schools including coordination 23 with State, local, Tribal, and territorial public 24 health departments, and other relevant agen- 25 cies, to improve coordinated responses among July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 110 1 such entities to prevent, prepare for, and re- 2 spond to coronavirus. 3 (C) Providing principals and other school 4 leaders with the resources necessary to address 5 the needs of their individual schools directly re- 6 lated to coronavirus. 7 (D) Providing additional services to ad- 8 dress the unique needs of low-income children 9 or students, children with disabilities, English 10 learners, racial and ethnic minorities, students 11 experiencing homelessness, and foster care 12 youth, including how outreach and service deliv- 13 ery will meet the needs of each population. 14 (E) Training and professional development 15 for staff of the local educational agency or non- 16 public school on sanitation and minimizing the 17 spread of infectious diseases. 18 (F) Purchasing supplies to sanitize, clean, 19 and disinfect the facilities of a local educational 20 agency or non-public school, including buildings 21 operated by such agency. 22 (G) Planning for and coordinating during 23 long-term closures, including for how to provide 24 meals to eligible students, how to provide tech- 25 nology for online learning to all students, how July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 111 1 to provide guidance for carrying out require- 2 ments under the Individuals with Disabilities 3 Education Act (20 U.S.C. 1401 et seq.) and 4 how to ensure other educational services can 5 continue to be provided consistent with all Fed- 6 eral, State, and local requirements. 7 (H) Purchasing educational technology (in- 8 cluding hardware, software, and connectivity) 9 for students who are served by the local edu- 10 cational agency or non-public school that aids 11 in regular and substantive educational inter- 12 action between students and their classroom in- 13 structors, including low-income students and 14 students with disabilities, which may include as- 15 sistive technology or adaptive equipment. 16 (I) Expanding healthcare and other health 17 services (including mental health services and 18 supports), including for children at risk of 19 abuse or neglect. 20 (J) Planning and implementing activities 21 related to summer learning and supplemental 22 afterschool programs, including providing class- 23 room instruction or online learning during the 24 summer months and addressing the needs of 25 low-income students, students with disabilities, July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 112 1 English learners, migrant students, students ex- 2 periencing homelessness, and children in foster 3 care. 4 (2) A local educational agency that receives 5 funds under subsection (c)(2) may use the funds for 6 activities to carry out a comprehensive school re- 7 opening plan as described in this section, including: 8 (A) Purchasing personal protective equip- 9 ment, implementing flexible schedules to keep 10 children in isolated groups, purchasing box 11 lunches so that children can eat in their class- 12 room, purchasing physical barriers, providing 13 additional transportation services, repurposing 14 existing school rooms and space, and improving 15 ventilation systems. 16 (B) Developing and implementation of pro- 17 cedures and systems to improve the prepared- 18 ness and response efforts of local educational 19 agencies or non-public schools, including coordi- 20 nation with State, local, Tribal, and territorial 21 public health departments, and other relevant 22 agencies, to improve coordinated responses 23 among such entities to prevent, prepare for, 24 and respond to coronavirus. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 113 1 (C) Providing principals and others school 2 leaders with the resources necessary to address 3 the needs of their individual schools. 4 (D) Providing additional services to ad- 5 dress the unique needs of low-income children 6 or students, children with disabilities, English 7 learners, racial and ethnic minorities, students 8 experiencing homelessness, and foster care 9 youth, including how outreach and service deliv- 10 ery will meet the needs of each population. 11 (E) Training and professional development 12 for staff of the local educational agency or non- 13 public school on sanitation and minimizing the 14 spread of infectious diseases. 15 (F) Purchasing supplies to sanitize, clean, 16 and disinfect the facilities of a local educational 17 agency or non-public school, including buildings 18 operated by such agency. 19 (G) Purchasing educational technology (in- 20 cluding hardware, software, and connectivity) 21 for students who are served by the local edu- 22 cational agency or non-public school that aids 23 in regular and substantive educational inter- 24 action between students and their classroom in- 25 structors, including low-income students and July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 114 1 students with disabilities, which may include as- 2 sistive technology or adaptive equipment. 3 (H) Expanding healthcare and other 4 health services (including mental health services 5 and supports), including for children at risk of 6 abuse or neglect. 7 (I) Planning and implementing activities 8 related to summer learning and supplemental 9 afterschool programs, including providing class- 10 room instruction during the summer months 11 and addressing the needs of low-income stu- 12 dents, students with disabilities, English learn- 13 ers, migrant students, students experiencing 14 homelessness, and children in foster care. 15 (f) STATE FUNDING.—A State may reserve not more 16 than 5 percent of the funds not otherwise allocated under 17 subsection (c) and section 825 for administrative costs and 18 the remainder for emergency needs as determined by the 19 state educational agency to address issues responding to 20 coronavirus, which may be addressed through the use of 21 grants or contracts. 22 (g) ASSURANCES.—A State, state educational agency, 23 or local educational agency receiving funding under this 24 section shall provide assurances, as applicable, that: July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 115 1 (1) A State, State educational agency, or local 2 educational agency will maintain and expand access 3 to high-quality schools, including high-quality public 4 charter schools, and will not— 5 (A) enact policies to close or prevent the 6 expansion of such schools to address revenue 7 shortfalls that result in the disproportionate 8 closure or denial of expansion of public charter 9 schools that are otherwise meeting the terms of 10 their charter for academic achievement; or 11 (B) disproportionally reduce funding to 12 charter schools or otherwise increase funding 13 gaps between charter schools and other public 14 schools in the local educational agency. 15 (2) Allocations of funding and services provided 16 from funds provided in this section to public charter 17 schools are made on the same basis as is used for 18 all public schools, consistent with state law and in 19 consultation with charter school leaders. 20 (h) REPORT.—A State receiving funds under this sec- 21 tion shall submit a report to the Secretary, not later than 22 6 months after receiving funding provided in this Act, in 23 such manner and with such subsequent frequency as the 24 Secretary may require, that provides a detailed accounting 25 of the use of funds provided under this section. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 116 1 (i) REALLOCATION.—A State shall return to the Sec- 2 retary any funds received under this section that the State 3 does not award within 4 months of receiving such funds 4 and the Secretary shall deposit such funds into the general 5 fund of the Treasury. 6 (j) RULE OF CONSTRUCTION.— 7 (1) The receipt of any funds authorized or ap- 8 propriated under this section, including pursuant to 9 section 825 of this Act, by a nonprofit entity, or by 10 any individual who has been admitted or applied for 11 admission to such entity (or any parent or guardian 12 of such individual), shall not be construed to render 13 such entity or person a recipient of Federal financial 14 assistance for any purpose, nor shall any such per- 15 son or entity be required to make any alteration to 16 its existing programs, facilities, or employment prac- 17 tices except as required under this section. 18 (2) No State participating in any program 19 under this section, including pursuant to section 825 20 of this Act, shall impose any penalty or additional 21 requirement upon, or otherwise disadvantage, such 22 entity or person as a consequence or condition of its 23 receipt of such funds. 24 (3) No State participating in any program 25 under this section shall authorize any person or enti- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 117 1 ty to use any funds authorized or appropriated 2 under this section, including pursuant to section 825 3 of this Act, except as provided by subsection (e), nor 4 shall any such State impose any limits upon the use 5 of any such funds except as provided by subsection 6 (e). 7 HIGHER EDUCATION EMERGENCY RELIEF FUND 8 SEC. 824. (a) IN GENERAL.—From funds reserved 9 under section 821(b)(3) of this title the Secretary shall 10 allocate amounts as follows: 11 (1) 85 percent to each institution of higher edu- 12 cation described in section 101 or section 102(c) of 13 the Higher Education Act of 1965 to prevent, pre- 14 pare for, and respond to coronavirus, by appor- 15 tioning it— 16 (A) 90 percent according to the relative 17 share of full-time equivalent enrollment of Fed- 18 eral Pell Grant recipients who were not exclu- 19 sively enrolled in distance education courses 20 prior to the coronavirus emergency; and 21 (B) 10 percent according to the relative 22 share of full-time equivalent enrollment of stu- 23 dents who were not Federal Pell Grant recipi- 24 ents who were not exclusively enrolled in dis- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 118 1 tance education courses prior to the coronavirus 2 emergency. 3 (2) 10 percent for additional awards under 4 parts A and B of title III, parts A and B of title 5 V, and subpart 4 of part A of title VII of the Higher 6 Education Act to address needs directly related to 7 coronavirus, that shall be in addition to awards 8 made in section 824(a)(1) of this title, and allocated 9 by the Secretary proportionally to such programs 10 based on the relative share of funding appropriated 11 to such programs in the Further Consolidated Ap- 12 propriations Act, 2020 (Public Law 116–94) and 13 distributed to eligible institutions of higher edu- 14 cation, except as otherwise provided in subpara- 15 graphs (A)–(D), on the basis of the formula de- 16 scribed in section 824(a)(1) of this title: 17 (A) Except as otherwise provided in sub- 18 paragraph (B), for eligible institutions under 19 part B of title III and subpart 4 of part A of 20 title VII of the Higher Education Act, the Sec- 21 retary shall allot to each eligible institution an 22 amount using the following formula: 23 (i) 70 percent according to a ratio 24 equivalent to the number of Pell Grant re- 25 cipients in attendance at such institution July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 119 1 at the end of the school year preceding the 2 beginning of the most recent fiscal year 3 and the total number of Pell Grant recipi- 4 ents at all such institutions; 5 (ii) 20 percent according to a ratio 6 equivalent to the total number of students 7 enrolled at such institution at the end of 8 the school year preceding the beginning of 9 that fiscal year and the number of stu- 10 dents enrolled at all such institutions; and 11 (iii) 10 percent according to a ratio 12 equivalent to the total endowment size at 13 all eligible institutions at the end of the 14 school year preceding the beginning of that 15 fiscal year and the total endowment size at 16 such institutions; 17 (B) For eligible institutions under section 18 326 of the Higher Education Act, the Secretary 19 shall allot to each eligible institution an amount 20 in proportion to the award received from fund- 21 ing for such institutions in the Further Consoli- 22 dated Appropriations Act, 2020 (Public Law 23 116–94); 24 (C) For eligible institutions under section 25 316 of the Higher Education Act, the Secretary July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 120 1 shall allot funding according to the formula in 2 section 316(d)(3) of the Higher Education Act; 3 and 4 (D) Notwithstanding section 318(f) of the 5 Higher Education Act, for eligible institutions 6 under section 318 of the Higher Education Act, 7 the Secretary shall allot funding according to 8 the formula in section 318(e) of the Higher 9 Education Act. 10 (3) 5 percent for grants to institutions of high- 11 er education that the Secretary determines, through 12 an application process and after allocating funds 13 under paragraphs 824(a)(1) and (2) of this Act, 14 have 15 coronavirus. In awarding funds to institutions of 16 higher education under this paragraph the Secretary 17 shall prioritize institutions of higher education— the greatest unmet needs related to 18 (A) described under title I of the Higher 19 Education Act of 1965 that were not eligible to 20 receive an award under section 824(a)(1) of 21 this title, including institutions described in sec- 22 tion 102(b) of the Higher Education Act of 23 1965; and 24 (B) that otherwise demonstrate significant 25 needs related to coronavirus that were not ad- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 121 1 dressed by funding allocated under subsections 2 (a)(1) or (a)(2) of this section. 3 (b) DISTRIBUTION.—The funds made available to 4 each institution under subsection (a)(1) shall be distrib5 uted by the Secretary using the same systems as the Sec6 retary otherwise distributes funding to each institution 7 under title IV of the Higher Education Act of 1965 (20 8 U.S.C. 1001 et seq.). 9 (c) USES OF FUNDS.—An institution of higher edu- 10 cation receiving funds under this section may use the 11 funds received to: 12 (1) defray expenses associated with coronavirus 13 (including lost revenue, reimbursement for expenses 14 already incurred, technology costs associated with a 15 transition to distance education, faculty and staff 16 trainings, and payroll); and 17 (2) provide financial aid grants to students (in- 18 cluding students exclusively enrolled in distance edu- 19 cation), which may be used for any component of the 20 student’s cost of attendance or for emergency costs 21 that arise due to coronavirus. 22 (d) SPECIAL PROVISIONS.— 23 (1) A Historically Black College and University 24 or a Minority Serving Institution may use prior 25 awards provided under titles III, V, and VII of the July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 122 1 Higher Education Act to prevent, prepare for, and 2 respond to coronavirus. 3 (2) An institution of higher education receiving 4 funds under section 18004 of division B of the 5 CARES Act (Public Law 116–136) may use those 6 funds under the terms and conditions of section 7 824(c) of this act. Amounts repurposed pursuant to 8 this paragraph that were previously designated by 9 the Congress as an emergency requirement pursuant 10 to the Balanced Budget and Emergency Deficit Con- 11 trol Act of 1985 are designated by the Congress as 12 an emergency requirement pursuant to section 13 251(b)(2)(A)(i) of the Balanced Budget and Emer- 14 gency Deficit Control Act of 1985. 15 (3) No funds received by an institution of high- 16 er education under this section shall be used to fund 17 contractors for the provision of pre-enrollment re- 18 cruitment activities; endowments; or capital outlays 19 associated with facilities related to athletics, sec- 20 tarian instruction, or religious worship. 21 (4) An institution of higher education that was 22 required to remit payment to the Internal Revenue 23 Service for the excise tax based on investment in- 24 come of private colleges and universities under sec- 25 tion 4968 of the Internal Revenue Code of 1986 for July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 123 1 tax year 2019 shall have their allocation under this 2 section reduced by 50 percent and may only use 3 funds for activities described in paragraph (c)(2). 4 This paragraph shall not apply to an institution of 5 higher education designated by the Secretary as an 6 eligible institution under section 448 of the Higher 7 Education Act of 1965. 8 (e) REPORT.—An institution receiving funds under 9 this section shall submit a report to the Secretary, not 10 later than 6 months after receiving funding provided in 11 this Act, in such manner and with such subsequent fre12 quency as the Secretary may require, that provides a de13 tailed accounting of the use of funds provided under this 14 section. 15 (f) REALLOCATION.—Any funds allocated to an insti- 16 tution of higher education under this section on the basis 17 of a formula described in subsection (a)(1) or (a)(2) but 18 for which an institution does not apply for funding within 19 60 days of the publication of the notice inviting applica20 tions, shall be reallocated to eligible institutions that had 21 submitted an application by such date. 22 23 ASSISTANCE TO NON-PUBLIC SCHOOLS SEC. 825. (a) FUNDS AVAILABILITY.—From the pay- 24 ment provided by the Secretary under section 823 of this 25 title to a State educational agency, the State educational July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 124 1 agency shall reserve an amount of funds equal to the per2 centage of students enrolled in non-public elementary and 3 secondary schools in the State prior to the coronavirus 4 emergency. Upon reserving funds under this section, the 5 Governor of the State shall award such funds equally to 6 each non-public school accredited or otherwise located in 7 and licensed to operate in the State based on the number 8 of low-income students enrolled in the non-public school 9 as a share of all low-income students enrolled in non-pub10 lic elementary and secondary schools in the State prior 11 to the coronavirus emergency, subject to the requirements 12 in subsection (b). 13 (b)(1) A non-public school that provides in-person in- 14 struction for at least 50 percent of its students where the 15 students physically attend school no less than 50 percent 16 of each school-week, as determined by the non-public 17 school prior to the coronavirus emergency, shall be eligible 18 for the full amount of assistance per student as prescribed 19 under this section. 20 (2) A non-public school that does not provide in-per- 21 son instruction to any students where the students phys22 ically attend school in-person shall only be eligible for one23 third of the amount of assistance per student as prescribed 24 under this section. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 125 1 (3) A non-public school that provides in-person in- 2 struction to at least some students where the students 3 physically attend school in-person but does not satisfy the 4 requirements in paragraph (1) shall have its amount of 5 assistance as prescribed under this section reduced on a 6 pro rata basis, which shall be calculated using the same 7 methodology as is used under section 823(c)(2)(C) of this 8 title. 9 (4) A Governor shall allocate not less than 50 percent 10 of the funds reserved in this section to non-public schools 11 within 30 days of receiving an award from the Secretary 12 and the remaining 50 percent not less than 4 months after 13 receiving an award from the Secretary. 14 15 CONTINUED PAYMENT TO EMPLOYEES SEC. 826. A local educational agency, State, institu- 16 tion of higher education, or other entity that receives 17 funds under ‘‘Education Stabilization Fund’’, shall to the 18 greatest extent practicable, continue to pay its employees 19 and contractors during the period of any disruptions or 20 closures related to coronavirus. 21 22 DEFINITIONS SEC. 827. Except as otherwise provided in sections 23 821–826 of this title, as used in such sections— July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 126 1 (1) the terms ‘‘elementary education’’ and ‘‘sec- 2 ondary education’’ have the meaning given such 3 terms under State law; 4 (2) the term ‘‘institution of higher education’’ 5 has the meaning given such term in title I of the 6 Higher Education Act of 1965 (20 U.S.C. 1001 et 7 seq.); 8 9 (3) the term ‘‘Secretary’’ means the Secretary of Education; 10 (4) the term ‘‘State’’ means each of the 50 11 States, the District of Columbia, and the Common- 12 wealth of Puerto Rico; 13 (5) the term ‘‘cost of attendance’’ has the 14 meaning given such term in section 472 of the High- 15 er Education Act of 1965. 16 (6) the term ‘‘Non-public school’’ means a non- 17 public elementary and secondary school that (A) is 18 accredited, licensed, or otherwise operates in accord- 19 ance with State law; and (B) was in existence prior 20 to the date of the qualifying emergency for which 21 grants are awarded under this section; 22 23 (7) the term ‘‘public school’’ means a public elementary or secondary school; and 24 (8) any other term used that is defined in sec- 25 tion 8101 of the Elementary and Secondary Edu- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 127 1 cation Act of 1965 (20 U.S.C. 7801) shall have the 2 meaning given the term in such section. 3 4 MAINTENANCE OF EFFORT SEC. 828. A State’s application for funds to carry 5 out sections 822 or 823 of this title shall include assur6 ances that the State will maintain support for elementary 7 and secondary education, and State support for higher 8 education (which shall include State funding to institu9 tions of higher education and state need-based financial 10 aid, and shall not include support for capital projects or 11 for research and development or tuition and fees paid by 12 students) in fiscal years 2020 and 2021 at least at the 13 proportional levels of such State’s support for elementary 14 and secondary education and for higher education relative 15 to such States overall spending in fiscal year 2019. 16 17 STUDENT AID ADMINISTRATION For an additional amount for ‘‘Student Aid Adminis- 18 tration’’, $40,000,000, to remain available through Sep19 tember 30, 2021, to prevent, prepare for, and respond to 20 coronavirus, domestically or internationally, for carrying 21 out part D of title I, and subparts 1, 3, 9 and 10 of part 22 A, and parts B, C, D, and E of title IV of the HEA, and 23 subpart 1 of part A of title VII of the Public Health Serv24 ice Act: Provided, That such amount is designated by the 25 Congress as being for an emergency requirement pursuant July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 128 1 to section 251(b)(2)(A)(i) of the Balanced Budget and 2 Emergency Deficit Control Act of 1985. 3 4 INSTITUTE OF EDUCATION SCIENCES For an additional amount for ‘‘Institute of Education 5 Sciences’’, $65,000,000, to remain available through Sep6 tember 30, 2021, to prevent, prepare for, and respond to 7 coronavirus, domestically or internationally, for carrying 8 out the National Assessment of Educational Progress Au9 thorization Act (title III of Public Law 107–279): Pro10 vided, 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 DEPARTMENTAL MANAGEMENT 15 PROGRAM ADMINISTRATION 16 For an additional amount for ‘‘Program Administra- 17 tion’’, $8,000,000, to remain available through September 18 30, 2021, to prevent, prepare for, and respond to 19 coronavirus, domestically or internationally: Provided, 20 That such amount is designated by the Congress as being 21 for an emergency requirement pursuant to section 22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 23 Deficit Control Act of 1985. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 129 1 2 OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector 3 General’’, $7,000,000, to remain available through Sep4 tember 30, 2022, to prevent, prepare for, and respond to 5 coronavirus, domestically or internationally, including for 6 salaries and expenses necessary for oversight and audit 7 of programs, grants, and projects funded in this Act to 8 respond to coronavirus: Provided, That such amount is 9 designated by the Congress as being for an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 12 13 GENERAL PROVISIONS SEC. 829. Funds made available in Public Law 115– 14 245 under the heading ‘‘National Technical Institute for 15 the Deaf’’ that were available for obligation through fiscal 16 year 2019, and where a valid obligation was incurred in 17 such fiscal year, are to remain available for obligation and 18 expenditure by educational agencies or institutions 19 through fiscal year 2021, notwithstanding section 412(b) 20 of the General Education Provisions Act (20 U.S.C. 21 1225): 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. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 130 1 SEC. 830. Funds made available in Public Law 115– 2 245 under the heading ‘‘Gallaudet University’’ that were 3 available for obligation through fiscal year 2019, and 4 where a valid obligation was incurred in such fiscal year, 5 are to remain available for obligation and expenditure by 6 educational agencies or institutions through fiscal year 7 2021, notwithstanding section 412(b) of the General Edu8 cation Provisions Act (20 U.S.C. 1225): Provided, That 9 such amount is 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. 13 SEC. 831. Funds made available in Public Law 113– 14 76 under the heading ‘‘Innovation and Improvement’’ that 15 were available for obligation through December 31, 2014 16 for the Investing in Innovation program pursuant to the 17 eighth and ninth provisos under that heading in that Act 18 are to remain available through fiscal year 2021 for the 19 liquidation of valid obligations incurred in fiscal years 20 2014 or 2015: 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 SEC. 832. Funds made available in Public Law 113– 25 76 under the heading ‘‘Rehabilitation Services and Dis- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 131 1 ability Research’’ that were available for obligation 2 through fiscal year 2015 for the Automated Personaliza3 tion Computing Project pursuant to the first four provisos 4 under that heading in that Act are to remain available 5 through fiscal year 2021 for the liquidation of valid obliga6 tions incurred in fiscal years 2014 or 2015: Provided, 7 That such amount is designated by the Congress as being 8 for an emergency requirement pursuant to section 9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 12 13 RELATED AGENCIES CORPORATION FOR PUBLIC BROADCASTING For an additional amount for ‘‘Corporation for Public 14 Broadcasting,’’ $175,000,000, to remain available until 15 September 30, 2021, to prevent, prepare for, and respond 16 to coronavirus, including for fiscal stabilization grants to 17 public telecommunications entities, as defined by 47 18 U.S.C. 397(12), with no deduction for administrative or 19 other costs of the Corporation, to maintain programming 20 and services and preserve small and rural stations threat21 ened by declines in non-Federal revenues: Provided, That 22 such amount is designated by the Congress as being for 23 an emergency requirement pursuant to section 24 251(b)(2)(A)(i) of the Balanced Budget and Emergency 25 Deficit Control Act of 1985. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 132 1 2 GENERAL PROVISIONS—THIS TITLE SEC. 841. Not later than 30 days after the date of 3 enactment of this Act, the Secretaries of Labor, Health 4 and Human Services, and Education shall provide a de5 tailed spend plan of anticipated uses of funds made avail6 able in this Act, including estimated personnel and admin7 istrative costs, to the Committees on Appropriations of the 8 House of Representatives and the Senate: Provided, That 9 such plans shall be updated and submitted to such Com10 mittees every 60 days until September 30, 2024: Provided 11 further, That the spend plans shall be accompanied by a 12 listing of each contract obligation incurred that exceeds 13 $5,000,000 which has not previously been reported, in14 cluding the amount of each such obligation. 15 SEC. 842. (a) The remaining unobligated balances of 16 funds as of September 30, 2020, from amounts provided 17 under the heading ‘‘Corporation for National and Commu18 nity Service—Operating Expenses’’ in title IV of division 19 A of the Further Consolidated Appropriations Act, 2020 20 (Public Law 116–94), are hereby permanently rescinded, 21 and an amount of additional new budget authority equiva22 lent to the amount rescinded is hereby appropriated on 23 September 30, 2020, to remain available until September 24 30, 2021, and shall be available for the same purposes, 25 in addition to other funds as may be available for such July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 133 1 purposes, and under the same authorities for which the 2 funds were originally provided in Public Law 116–94: Pro3 vided, That any amounts appropriated by the preceding 4 proviso shall not be subject to the allotment requirements 5 otherwise applicable under sections 129(a), (b), (d), and 6 (e) of the National and Community Service Act of 1993: 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 (b)(1) Subsection (b) of section 3514 of title III of 12 division A of the CARES Act (Public Law 116–136) is 13 hereby repealed, and shall be applied hereafter as if such 14 subsection had never been enacted. 15 (2)(A) IN GENERAL.—The amounts provided under 16 this subsection are designated as an emergency require17 ment pursuant to section 4(g) of the Statutory Pay-As18 You-Go Act of 2010 (2 U.S.C. 933(g)). 19 (B) DESIGNATION IN SENATE.—In the Senate, 20 this subsection is designated as an emergency re- 21 quirement pursuant to section 4112(a) of H. Con. 22 Res. 71 (115th Congress), the concurrent resolution 23 on the budget for fiscal year 2018. 24 25 July 27, 2020 (3:54 p.m.) (C) CLASSIFICATION FECTS.—Notwithstanding OF BUDGETARY EF- Rule 3 of the Budget U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 134 1 Scorekeeping Guidelines set forth in the joint ex- 2 planatory statement of the committee of conference 3 accompanying Conference Report 105–217 and sec- 4 tion 250(c)(7) and (c)(8) of the Balanced Budget 5 and Emergency Deficit Control Act of 1985, the 6 budgetary effects of this subsection— 7 8 (i) shall not be estimated for purposes of section 251 of such Act; 9 (ii) shall not be estimated for purposes of 10 paragraph (4)(C) of section 3 of the Statutory 11 Pay As-You-Go Act of 2010 as being included 12 in an appropriation Act; and 13 (iii) shall be treated as if they were con- 14 tained in a PAYGO Act, as defined by section 15 3(7) of the Statutory Pay-As-You-Go Act of 16 2010 (2 U.S.C. 932(7)). July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 135 1 TITLE IX 2 LEGISLATIVE BRANCH 3 SENATE 4 5 6 CONTINGENT EXPENSES OF THE SENATE SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE For an additional amount for ‘‘Sergeant at Arms and 7 Doorkeeper of the Senate’’, $6,345,000, to remain avail8 able until expended, to prevent, prepare for, and respond 9 to coronavirus, domestically or internationally, which shall 10 be allocated in accordance with a spend plan submitted 11 to the Committee on Appropriations of the Senate: Pro12 vided, That such amount is designated by the Congress 13 as being for an emergency requirement pursuant to sec14 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer15 gency Deficit Control Act of 1985. 16 17 18 JOINT ITEMS OFFICE OF THE ATTENDING PHYSICIAN For an additional amount for ‘‘Office of the Attend- 19 ing Physician’’, $400,000, to remain available until ex20 pended, to prevent, prepare for, and respond to 21 coronavirus, domestically or internationally: Provided, 22 That such amount is designated by the Congress as being 23 for an emergency requirement pursuant to section 24 251(b)(2)(A)(i) of the Balanced Budget and Emergency 25 Deficit Control Act of 1985. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 136 1 CAPITOL POLICE 2 SALARIES 3 (INCLUDING TRANSFER OF FUNDS) 4 For an additional amount for ‘‘Salaries’’, $1,260,000, 5 to remain available until September 30, 2021, to prevent, 6 prepare for, and respond to coronavirus, domestically or 7 internationally: Provided, That the Capitol Police may 8 transfer amounts appropriated under this heading in this 9 Act to ‘‘General Expenses’’ to prevent, prepare for, and 10 respond to coronavirus, domestically or internationally, 11 without the approval requirement of 2 U.S.C. 1907(a): 12 Provided further, That such amount is designated by the 13 Congress as being for an emergency requirement pursuant 14 to section 251(b)(2)(A)(i) of the Balanced Budget and 15 Emergency Deficit Control Act of 1985. 16 CONGRESSIONAL BUDGET OFFICE 17 SALARIES AND EXPENSES 18 For an additional amount for ‘‘Salaries and Ex- 19 penses’’, $600,000, to remain available until September 20 30, 2021, to prevent, prepare for, and respond to 21 coronavirus, domestically or internationally: Provided, 22 That such amount is designated by the Congress as being 23 for an emergency requirement pursuant to section 24 251(b)(2)(A)(i) of the Balanced Budget and Emergency 25 Deficit Control Act of 1985. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 137 1 2 3 ARCHITECT OF THE CAPITOL CAPITAL CONSTRUCTION AND OPERATIONS For an additional amount for ‘‘Capital Construction 4 and Operations’’, $43,900,000, to remain available until 5 September 30, 2021, to prevent, prepare for, and respond 6 to coronavirus, domestically or internationally: Provided, 7 That the Architect of the Capitol may purchase and dis8 tribute cleaning and sanitation products throughout all fa9 cilities and grounds under the care of the Architect of the 10 Capitol, wherever located, and any related services and 11 operational costs: Provided further, That the authority in 12 the preceding proviso shall apply to funds provided under 13 this heading in this Act, or any other available balances 14 provided under this heading, for the duration of the public 15 health emergency declared under section 319 of the Public 16 Health Service Act (42 U.S.C. 247d) on January 31, 2020 17 for COVID–19 and any renewal of such declaration pursu18 ant to such section of 319: Provided further, That the Ar19 chitect of the Capitol shall provide a report within 30 days 20 of enactment of this Act, and every 30 days thereafter, 21 to the Committees on Appropriations of the Senate and 22 House of Representatives, the Senate Committee on Rules 23 and Administration, and the Committee on House Admin24 istration on expenditure of funds from amounts appro25 priated under this heading in this Act: Provided further, July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 138 1 That this amount shall be in addition to any other funds 2 available for such purposes in appropriations Acts for the 3 legislative branch: Provided further, That such amount is 4 designated by the Congress as being for an emergency re5 quirement pursuant to section 251(b)(2)(A)(i) of the Bal6 anced Budget and Emergency Deficit Control Act of 1985. 7 8 9 10 LIBRARY OF CONGRESS SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Salaries and Ex- 11 penses’’, $6,980,000, to remain available until September 12 30, 2021, to prevent, prepare for, and respond to 13 coronavirus, domestically or internationally, including to 14 offset losses resulting from the coronavirus pandemic of 15 amounts collected pursuant to the Act of June 28, 1902 16 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150), for revolving 17 fund activities pursuant to sections 182 and 182a through 18 182e of title 2, United States Code, sections 708(d) and 19 1316 of title 17, United States Code, and sections 20 111(d)(2), 119(b)(3), 803(e), and 1005 of such title: Pro21 vided, That the Library of Congress may transfer amounts 22 appropriated under this heading in this Act to other appli23 cable appropriations of the Library of Congress to prevent, 24 prepare for, and respond to coronavirus, domestically or 25 internationally: Provided further, That such amount is des- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 139 1 ignated by the Congress as being for an emergency re2 quirement pursuant to section 251(b)(2)(A)(i) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985. 4 GOVERNMENT PUBLISHING OFFICE 5 GOVERNMENT PUBLISHING OFFICE BUSINESS 6 OPERATIONS REVOLVING FUND 7 For an additional amount for ‘‘Government Pub- 8 lishing Office Business Operations Revolving Fund’’, 9 $6,891,000, to remain available until September 30, 2021, 10 to prevent, prepare for, and respond to coronavirus, do11 mestically or internationally, which shall be for offsetting 12 losses resulting from the coronavirus pandemic of amounts 13 collected pursuant to section 309 of title 44, United States 14 Code: Provided, That funds appropriated under this head15 ing in this Act may be made available to restore amounts, 16 either directly or through reimbursement, for obligations 17 incurred to prevent, prepare for, and respond to 18 coronavirus, domestically or internationally, prior to the 19 date of enactment of this Act: Provided further, That such 20 amount is designated by the Congress as being for an 21 emergency requirement pursuant to section 22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 23 Deficit Control Act of 1985. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 140 1 GOVERNMENT ACCOUNTABILITY OFFICE 2 3 SALARIES AND EXPENSES For an additional amount for ‘‘Salaries and Ex- 4 penses’’, $11,300,000, to remain available until expended, 5 to prevent, prepare for, and respond to coronavirus, do6 mestically or internationally, which shall be for audits and 7 investigations and for reimbursement of the Tiny Findings 8 Child Development Center for salaries for employees, as 9 authorized by section 19009 of Public Law 116–136: Pro10 vided, That not later than 90 days after the date of enact11 ment of this Act, the Government Accountability Office 12 shall submit to the Committees on Appropriations of the 13 House of Representatives and the Senate a spend plan 14 specifying funding estimates and a timeline for such au15 dits and investigations: 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. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 141 1 TITLE X 2 DEPARTMENT OF VETERANS AFFAIRS 3 GENERAL PROVISIONS—THIS TITLE 4 (INCLUDING TRANSFER OF FUNDS) 5 SEC. 1001. Of the unobligated balances available to 6 the Department of Veterans Affairs from title X of divi7 sion B of the Coronavirus Aid, Relief, and Economic Secu8 rity Act (Public Law 116–136) for ‘‘Veterans Health Ad9 ministration, Medical Services’’, funds may be transferred 10 to the following accounts in the amounts specified: 11 12 13 14 15 16 ‘‘General Operating Expenses, Veterans Benefits Administration’’, up to $140,000,000; ‘‘National Cemetery Administration’’, up to $26,000,000; and ‘‘Departmental Administration, Board of Veterans Appeals’’, up to $1,000,000: 17 Provided, That the transferred funds shall be used for per18 sonnel costs and other expenses to prevent, prepare for, 19 and respond to coronavirus, domestically or internation20 ally, including the elimination of backlogs that may have 21 occurred: Provided further, That the transferred funds 22 shall be in addition to any other funds made available for 23 this purpose: Provided further, That the transferred funds 24 may not be used to increase the number of full-time equiv25 alent positions: Provided further, That the amounts trans- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 142 1 ferred in this section that were previously designated by 2 the Congress as an emergency requirement pursuant to 3 the Balanced Budget and Emergency Deficit Control Act 4 of 1985 are designated by the Congress as an emergency 5 requirement pursuant to section 251(b)(2)(A)(i) of the 6 Balanced Budget and Emergency Deficit Control Act of 7 1985. 8 9 (INCLUDING TRANSFER OF FUNDS) SEC. 1002. Of the unobligated balances available to 10 the Department of Veterans Affairs from title X of divi11 sion B of the Coronavirus Aid, Relief, and Economic Secu12 rity Act (Public Law 116–136) for ‘‘Veterans Health Ad13 ministration, Medical Services’’, up to $140,000,000 may 14 be transferred to the ‘‘Veterans Health Administration, 15 Canteen Service Revolving Fund’’ to prevent, prepare for, 16 and respond to coronavirus, domestically or internation17 ally, which shall be for offsetting the losses resulting from 18 the coronavirus pandemic of veterans canteen service col19 lections pursuant to chapter 78 of title 38, United States 20 Code: Provided, That the transferred funds shall be in ad21 dition to any other funds made available for this purpose: 22 Provided further, That the amounts transferred in this 23 section that were previously designated by the Congress 24 as an emergency requirement pursuant to the Balanced 25 Budget and Emergency Deficit Control Act of 1985 are July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 143 1 designated by the Congress as an emergency requirement 2 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg3 et and Emergency Deficit Control Act of 1985. 4 5 (INCLUDING TRANSFER OF FUNDS) SEC. 1003. Of the unobligated balances available to 6 the Department of Veterans Affairs from title X of divi7 sion B of the Coronavirus Aid, Relief, and Economic Secu8 rity Act (Public Law 116–136) for ‘‘Veterans Health Ad9 ministration, Medical Services’’, funds may be transferred 10 to the following accounts in the amounts specified: 11 12 13 14 ‘‘General Operating Expenses, Veterans Benefits Administration’’, up to $198,000,000; and ‘‘Departmental Administration, Information Technology Systems’’, up to $45,000,000: 15 Provided, That the transferred funds shall be used to pre16 vent, prepare for, and respond to coronavirus, domestically 17 or internationally, to improve the Veteran Benefits Admin18 istration’s education systems, including implementation of 19 changes to chapters 30 through 36 of part III of title 38, 20 United States Code in the Harry W. Colmery Veterans 21 Educational Assistance Act of 2017 (Public Law 115–48), 22 in a bill to authorize the Secretary of Veterans Affairs to 23 treat certain programs of education converted to distance 24 learning by reason of emergencies and health-related situ25 ations in the same manner as programs of education pur- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 144 1 sued at educational institutions, and for other purposes 2 (Public Law 116–128), and in the Student Veteran 3 Coronavirus Response Act of 2020 (Public Law 116–140): 4 Provided further, That funds transferred to ‘‘Depart5 mental Administration, Information Technology Systems’’ 6 pursuant to this section shall be transferred to the infor7 mation technology systems development subaccount: Pro8 vided further, That the transferred funds shall be in addi9 tion to any other funds made available for this purpose: 10 Provided further, That the amounts transferred in this 11 section that were previously designated by the Congress 12 as an emergency requirement pursuant to the Balanced 13 Budget and Emergency Deficit Control Act of 1985 are 14 designated by the Congress as an emergency requirement 15 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg16 et and Emergency Deficit Control Act of 1985. 17 SEC. 1004. Title X of division B of the Coronavirus 18 Aid, Relief, and Economic Security Act (Public Law 116– 19 136) is amended under the heading ‘‘Department of Vet20 erans Affairs—Departmental Administration—Grants for 21 Construction of State Extended Care Facilities’’ by strik22 ing ‘‘including to modify or alter existing hospital, nursing 23 home, and domiciliary facilities in State homes: Provided,’’ 24 and inserting in lieu thereof the following: ‘‘which shall 25 be for modifying or altering existing hospital, nursing July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 145 1 home, and domiciliary facilities in State homes: Provided, 2 That the Secretary shall conduct a new competition or 3 competitions to award grants to States using funds pro4 vided under this heading in this Act: Provided further, 5 That such grants may be made to reimburse States for 6 the costs of modifications or alterations that have been 7 initiated or completed before an application for a grant 8 under this section is approved by the Secretary: Provided 9 further, That the use of funds provided under this heading 10 in this Act shall not be subject to state matching fund 11 requirement, application requirements, cost thresholds, 12 the priority list, deadlines, award dates under sections 13 8134 and 8135 of title 38, United States Code, and part 14 59 of chapter I of title 38, Code of Federal Regulations, 15 and shall not be subject to requirements of section 501(d) 16 of title 38, United States Code: Provided further, That the 17 Secretary may establish and adjust rolling deadlines for 18 applications for such grants and may issue multiple 19 rounds of application periods for the award of such grants 20 under this section: Provided further,’’: Provided, That 21 amounts repurposed pursuant to this section that were 22 previously designated by the Congress as an emergency 23 requirement pursuant to the Balanced Budget and Emer24 gency Deficit Control Act of 1985 are designated by the 25 Congress as an emergency requirement pursuant to sec- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 146 1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 3 SEC. 1005. Section 20013(b) of the Coronavirus Aid, 4 Relief, and Economic Security Act (Public Law 116–136) 5 is amended— 6 7 (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; 8 (2) in the matter preceding subparagraph (A), 9 as so redesignated, by inserting ‘‘(1)’’ before ‘‘In the 10 case’’; and 11 (3) by adding at the end the following: ‘‘(2) If 12 the Secretary waives any limit on grant amounts or 13 rates for per diem payments under paragraph (1), 14 notwithstanding section 2012(a)(2)(B) of such title, 15 the maximum rate for per diem payments described 16 in paragraph (1)(B) shall be three times the rate au- 17 thorized for State homes for domiciliary care under 18 section 1741 of such title.’’: 19 Provided, That amounts provided by this section are des20 ignated by the Congress as being for an emergency re21 quirement pursuant to section 251(b)(2)(A)(i) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 147 1 TITLE XI 2 DEPARTMENT OF STATE 3 4 5 ADMINISTRATION OF FOREIGN AFFAIRS CONSULAR AND BORDER SECURITY PROGRAMS For an additional amount for ‘‘Consular and Border 6 Security Programs’’, $425,000,000, to remain available 7 until expended, to prevent, prepare for, and respond to 8 coronavirus, domestically or internationally, which shall be 9 for offsetting losses resulting from the coronavirus pan10 demic of fees collected and deposited into the account pur11 suant to section 7081 of Public Law 115–31: Provided, 12 That funds made available under this heading in this Act 13 shall be in addition to any other funds made available for 14 this purpose: Provided further, 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 UNITED STATES AGENCY FOR INTERNATIONAL 19 20 21 22 DEVELOPMENT FUNDS APPROPRIATED TO THE PRESIDENT OPERATING EXPENSES For an additional amount for ‘‘Operating Expenses,’’ 23 $10,000,000, to remain available until September 30, 24 2022, to prevent, prepare for, and respond to coronavirus: 25 Provided, That such amount is designated by the Congress July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 148 1 as being for an emergency requirement pursuant to sec2 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer3 gency Deficit Control Act of 1985. 4 BILATERAL ECONOMIC ASSISTANCE 5 FUNDS APPROPRIATED 6 7 TO THE PRESIDENT GLOBAL HEALTH PROGRAMS For an additional amount for ‘‘Global Health Pro- 8 grams’’, $3,000,000,000, to remain available until Sep9 tember 30, 2022, to prevent, prepare for, and respond to 10 coronavirus, which shall be made available for a United 11 States contribution to The GAVI Alliance: Provided, 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 17 INTERNATIONAL DISASTER ASSISTANCE For an additional amount for ‘‘International Disaster 18 Assistance’’, $1,000,000,000, to remain available until ex19 pended, to prevent, prepare for, and respond to 20 coronavirus, which shall be made available for vaccine dis21 tribution related to coronavirus abroad, including through 22 the World Food Programme: Provided, That such amount 23 is designated by the Congress as being for an emergency 24 requirement pursuant to section 251(b)(2)(A)(i) of the July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 149 1 Balanced Budget and Emergency Deficit Control Act of 2 1985. 3 4 GENERAL PROVISIONS—THIS TITLE SEC. 1101. The Department of State, Foreign Oper- 5 ations, and Related Programs Appropriations Act, 2020 6 (division G of Public Law 116–94) is amended in the sec7 ond proviso under the heading ‘‘Repatriation Loans Pro8 gram Account’’ by striking ‘‘ $5,563,619’’ and inserting 9 in lieu thereof ‘‘ $15,239,477’’: Provided, That the 10 amount provided by this section is designated by the Con11 gress as being for an emergency requirement pursuant to 12 section 251(b)(2)(A)(i) of the Balanced Budget and 13 Emergency Deficit Control Act of 1985. 14 SEC. 1102. Section 21009 of the Emergency Appro- 15 priations for Coronavirus Health Response and Agency 16 Operations (division B of Public Law 116–136) is amend17 ed by striking ‘‘fiscal year 2020’’ and inserting in lieu 18 thereof ‘‘fiscal years 2020 and 2021’’: Provided, That the 19 amount provided by this section is designated by the Con20 gress as being for an emergency requirement pursuant to 21 section 251(b)(2)(A)(i) of the Balanced Budget and 22 Emergency Deficit Control Act of 1985. 23 SEC. 1103. Notwithstanding the limitations in sec- 24 tions 609(i) and 609(j) of the Millennium Challenge Act 25 of 2003 (2211 U.S.C. 7708(j), 7715), the Millennium July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 150 1 Challenge Corporation may, subject to the availability of 2 funds, extend any compact in effect as of January 29, 3 2020, for up to one additional year, to account for delays 4 related to coronavirus: Provided, That the Corporation 5 shall notify the Committees on Appropriations and For6 eign Relations of the Senate and the Committees on Ap7 propriations and Foreign Affairs of the House of Rep8 resentatives prior to providing any such extension. 9 SEC. 1104. The authority of section 5924 of title 5, 10 United States Code, may be exercised by the Secretary 11 of State and the heads of other Federal agencies for edu12 cation allowances to employees who are in the United 13 States with assignment orders to a foreign area and for 14 whom service abroad has been interrupted or delayed be15 cause of the coronavirus pandemic without regard to the 16 foreign area limitations referenced therein: Provided, That 17 the authority under this section shall expire on September 18 30, 2021. 19 SEC. 1105. The authority of section 5523 of title 5, 20 United States Code, may be exercised by the Secretary 21 of State and the heads of other Federal agencies for em22 ployees that are authorized to receive payments of mone23 tary amounts and other allowances under such section, 24 without regard to the time limitations referenced therein, 25 in connection with authorized or ordered departures from July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 151 1 foreign areas that are necessary to prevent, prepare for, 2 and respond to coronavirus: Provided, That the authority 3 under this section shall be available beginning on July 21, 4 2020: Provided further, That the authority under this sec5 tion shall expire on September 30, 2021. 6 SEC. 1106. Funds appropriated by this title under 7 the heading ‘‘Global Health Programs’’ shall only be made 8 available for obligation subject to the regular notification 9 procedures of the Committees on Appropriations of the 10 House of Representatives and the Senate. 11 SEC. 1107. Not later than 30 days after enactment 12 of this Act, the Secretary of State and the Administrator 13 of the United States Agency for International Develop14 ment shall jointly submit to the Committees on Appropria15 tions of the House of Representatives and the Senate a 16 report on the proposed uses of funds appropriated by this 17 title on a country and project basis: Provided, That such 18 reports shall be updated and submitted to such Commit19 tees every 60 days thereafter until September 30, 2022, 20 and every 180 days thereafter until all funds have been 21 expended, and shall include information detailing how esti22 mates and assumptions contained in previous reports have 23 changed, including obligations and expenditures on a 24 country and project basis: Provided further, That such re25 porting requirement may be consolidated with the report- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 152 1 ing requirement under section 406(b) of the Coronavirus 2 Preparedness and Response Supplemental Appropriations 3 Act, 2020 (division A of Public Law 116–123). July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 153 1 TITLE XII 2 DEPARTMENT OF TRANSPORTATION 3 4 5 OFFICE OF THE SECRETARY SALARIES AND EXPENSES For an additional amount for ‘‘Salaries and Ex- 6 penses’’, $26,200,000, to remain available until expended, 7 to prevent, prepare for, and respond to coronavirus, in8 cluding necessary expenses for operating costs and capital 9 outlays: Provided, That such amounts are in addition to 10 any other amounts made available for this purpose: Pro11 vided further, That obligations of amounts under this 12 heading in this Act shall not be subject to the limitation 13 on obligations under the heading ‘‘Office of the Sec14 retary—Working Capital Fund’’ in division H of the Fur15 ther Consolidated Appropriations Act, 2020 (Public Law 16 116–94): Provided further, That such amount is des17 ignated by the Congress as being for an emergency re18 quirement pursuant to section 251(b)(2)(A)(i) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 20 21 ESSENTIAL AIR SERVICE In addition to funds provided to the ‘‘Payments to 22 Air Carriers’’ program in Public Law 116–94 and in Pub23 lic Law 116–136 to carry out the essential air service pro24 gram under section 41731 through 41742 of title 49, 25 United States Code, $75,000,000 to be derived from the July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 154 1 general fund of the Treasury, and to be made available 2 to the Essential Air Service and Rural Improvement 3 Fund, to remain available until expended, to prevent, pre4 pare for, and respond to coronavirus, including to offset 5 the loss resulting from the coronavirus pandemic of the 6 mandatory overflight fees collected pursuant to section 7 45301 of title 49, United States Code: 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 FEDERAL AVIATION ADMINISTRATION 13 OPERATIONS 14 For an additional amount for ‘‘Operations’’, 15 $50,000,000, to remain available until expended, to pre16 vent, prepare for, and respond to coronavirus: Provided, 17 That amounts made available under this heading in this 18 Act shall be derived from the general fund of the Treas19 ury: Provided further, That such amount is designated by 20 the Congress as being for an emergency requirement pur21 suant to section 251(b)(2)(A)(i) of the Balanced Budget 22 and Emergency Deficit Control Act of 1985. 23 24 GRANTS-IN-AID FOR AIRPORTS For an additional amount for ‘‘Grants-In-Aid for Air- 25 ports’’, $10,000,000,000, to remain available until Sep- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 155 1 tember 30, 2025, to prevent, prepare for, and respond to 2 coronavirus: Provided, That amounts made available 3 under this heading in this Act shall be derived from the 4 general fund of the Treasury: Provided further, That funds 5 provided under this heading in this Act shall only be avail6 able to airports in categories defined in section 47102 of 7 title 49, United States Code: Provided further, That funds 8 provided under this heading in this Act shall not otherwise 9 be subject to the requirements of chapter 471 of such title: 10 Provided further, That notwithstanding the previous pro11 viso, except for project eligibility, the requirements of 12 chapter 471 of such title shall apply to funds provided for 13 any contract awarded (after the date of enactment) for 14 airport development and funded under this heading: Pro15 vided further, That funds provided under this heading in 16 this Act may not be used for any purpose not directly re17 lated to the airport: Provided further, That no additional 18 funding shall be provided under this heading to any air19 port that was allocated in excess of four years of operating 20 funds under Public Law 116–136: Provided further, That 21 the Federal share payable of the costs for which a grant 22 is made under this heading shall be 100 percent: Provided 23 further, That the Secretary shall obligate funds provided 24 under this heading in this Act only after 90 percent of 25 the funds provided under this heading in Public Law 116– July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 156 1 136, notwithstanding subsequent recoveries of funds, have 2 been obligated: Provided further, That of the amounts ap3 propriated under this heading in this Act: 4 (1) Not less than $9,500,000,000 shall be avail- 5 able for any purpose for which airport revenues may 6 lawfully be used, including operations, public health, 7 cleaning, sanitization, janitorial services, combating 8 the spread of pathogens, and debt service payments: 9 Provided, That such funds shall not be subject to 10 the reduced apportionments of section 47114(f) of 11 title 49, United States Code: Provided further, That 12 such funds shall first be apportioned as set forth in 13 sections 14 47114(c)(1)(C)(ii), 47114(c)(2)(A), 47114(c)(2)(B), 15 and 47114(c)(2)(E) of title 49, United States Code: 16 Provided further, That there shall be no maximum 17 apportionment limit: Provided further, That any re- 18 maining funds after such apportionment shall be dis- 19 tributed to all sponsors of primary airports (as de- 20 fined in section 47102(16) of title 49, United States 21 Code) based on each such airport’s passenger 22 enplanements 23 enplanements of all airports defined in section 24 47102(16) of title 49, United States Code, for the 25 most recent calendar year enplanements upon which July 27, 2020 (3:54 p.m.) 47114(c)(1)(A), compared 47114(c)(1)(C)(i), to total passenger U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 157 1 the Secretary has apportioned funds pursuant to 2 section 47114(c) of title 49, United States Code; 3 and 4 (2) Up to $500,000,000 shall be for commercial 5 service airports that are not primary airports and 6 general aviation airports as defined in paragraphs 7 (7), (8), and (16) of section 47102 of title 49, 8 United States Code, for any purpose for which air- 9 port revenues may lawfully be used: Provided, That 10 not less than $8,150,000 of such funds shall be 11 available to sponsors of non-primary airports that 12 participate in the FAA Contract Tower Program de- 13 fined in section 47124 of title 49, United States 14 Code, to cover lawful expenses to support FAA con- 15 tract tower operations: Provided further, That the 16 Secretary shall apportion the remaining funds to 17 each non-primary airport based on the categories 18 published in the most current National Plan of Inte- 19 grated Airport Systems, reflecting the percentage of 20 the aggregate published eligible development costs 21 for each such category, and then dividing the allo- 22 cated funds evenly among the eligible airports in 23 each category, rounding up to the nearest thousand 24 dollars: Provided further, That any remaining funds 25 under this paragraph shall be distributed as de- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 158 1 scribed in paragraph (1) under this heading in this 2 Act: 3 Provided further, That the Administrator of the Federal 4 Aviation Administration may retain up to 0.1 percent of 5 the funds provided under this heading in this Act to fund 6 the award and oversight by the Administrator of grants 7 made under this heading in this Act: Provided further, 8 That obligations of funds under this heading in this Act 9 shall not be subject to any limitations on obligations pro10 vided in Public Law 116–94 or any Act making appropria11 tions for fiscal year 2021: Provided further, That all air12 ports receiving funds under this heading in this Act shall 13 continue to employ, through March 31, 2021, at least 90 14 percent of the number of individuals employed (after mak15 ing adjustments for retirements or voluntary employee 16 separations) by the airport as of March 27, 2020: Pro17 vided further, That the Secretary may waive the workforce 18 retention requirement in the previous proviso, if the Sec19 retary determines the airport is experiencing economic 20 hardship as a direct result of the requirement, or the re21 quirement reduces aviation safety or security: Provided 22 further, That the workforce retention requirement shall 23 not apply to nonhub airports or nonprimary airports re24 ceiving funds under this heading in this Act: Provided fur25 ther, That such amount is designated by the Congress as July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 159 1 being for an emergency requirement pursuant to section 2 251(b)(2)(A)(i) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 5 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS 6 Of prior year unobligated contract authority and liq- 7 uidating cash provided for Motor Carrier Safety in the 8 Transportation Equity Act for the 21st Century (Public 9 Law 105–178), SAFETEA–LU (Public Law 109–59), or 10 other appropriations or authorization acts, in addition to 11 amounts already appropriated in fiscal year 2020 for 12 ‘‘Motor Carrier Safety Operations and Programs’’, 13 $238,500 in additional obligation limitation is provided 14 and repurposed for obligations incurred to support activi15 ties to prevent, prepare for, and respond to coronavirus. 16 DEPARTMENT OF HOUSING AND URBAN 17 DEVELOPMENT 18 19 20 PUBLIC AND INDIAN HOUSING TENANT-BASED RENTAL ASSISTANCE For an additional amount for ‘‘Tenant-Based Rental 21 Assistance’’, $2,200,000,000, to remain available until ex22 pended, to prevent, prepare for, and respond to 23 coronavirus: Provided, That amounts made available 24 under this heading in this Act shall be used under the 25 same authority and conditions as the additional appropria- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 160 1 tions for fiscal year 2020 made available under this head2 ing in title XII of division B of the CARES Act (Public 3 Law 116–136), except that any amounts provided for ad4 ministrative expenses and other expenses of public housing 5 agencies for their section 8 programs, including Main6 stream vouchers, under this heading in the CARES Act 7 (Public Law 116–136) and under this heading in this Act 8 shall also be available for Housing Assistance Payments 9 under section 8(o) of the United States Housing Act of 10 1937 (42 U.S.C. 1437f(o)): Provided further, That 11 amounts made available under this heading in this Act and 12 under the same heading in title XII of division B of the 13 CARES Act may be used to cover or reimburse allowable 14 costs incurred to prevent, prepare for, and respond to 15 coronavirus regardless of the date on which such costs 16 were incurred: Provided further, That of the amounts 17 made available under this heading in this Act, up to 18 $500,000,000 shall be available for administrative ex19 penses and other expenses of public housing agencies for 20 their section 8 programs, including Mainstream vouchers: 21 Provided further, That of the amounts made available 22 under this heading in this Act, not less than 23 $1,700,000,000 shall be available for adjustments in the 24 calendar years 2020 and 2021 section 8 renewal funding 25 allocations, including Mainstream vouchers, for public July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 161 1 housing agencies that experience a significant increase in 2 voucher per-unit costs due to extraordinary circumstances 3 or that, despite taking reasonable cost savings measures, 4 as determined by the Secretary, would otherwise be re5 quired to terminate rental assistance for families as a re6 sult of insufficient funding: Provided further, That 7 amounts made available under this heading in this Act are 8 in addition to any other amounts made available for such 9 purposes: Provided further, That amounts repurposed 10 under this heading in this Act that were previously des11 ignated 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: Provided further, That such 17 amount is designated by the Congress as being for an 18 emergency requirement pursuant to section 19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 20 Deficit Control Act of 1985. 21 22 PUBLIC HOUSING OPERATING FUND For an additional amount for ‘‘Public Housing Oper- 23 ating Fund’’, as authorized by section 9(e) of the United 24 States Housing Act of 1937 (42 U.S.C. 1437g(e)), 25 $1,000,000,000, to remain available until September 30, July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 162 1 2022, to prevent, prepare for, and respond to coronavirus: 2 Provided, That amounts made available under this head3 ing in this Act shall be used under the same authority 4 and conditions as the additional appropriations for fiscal 5 year 2020 under this heading in title XII of division B 6 of the CARES Act (Public Law 116–136): Provided fur7 ther, That amounts made available under this heading in 8 this Act and under the same heading in title XII of divi9 sion B of the CARES Act may be used to cover or reim10 burse allowable costs incurred to prevent, prepare for, and 11 respond to coronavirus regardless of the date on which 12 such costs were incurred: Provided further, That amounts 13 repurposed under this heading in this Act that were pre14 viously designated by the Congress as an emergency re15 quirement pursuant to the Balanced Budget and Emer16 gency Deficit Control Act of 1985 are designated by the 17 Congress as an emergency requirement pursuant to sec18 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer19 gency Deficit Control Act of 1985: Provided further, That 20 such amount is designated by the Congress as being for 21 an emergency requirement pursuant to section 22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 23 Deficit Control Act of 1985. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 163 1 2 GENERAL PROVISIONS—THIS TITLE SEC. 1201. The remaining unobligated balances of 3 funds as of September 30, 2020, from amounts provided 4 under the heading ‘‘Department of Transportation—Of5 fice of the Secretary—National Infrastructure Invest6 ments’’ in title I of division L of the Consolidated Appro7 priations Act, 2018 (Public Law 115–141), are hereby 8 permanently rescinded, and an amount of additional new 9 budget authority equivalent to the amount rescinded is 10 hereby appropriated on September 30, 2020, to remain 11 available until September 30, 2021, in addition to other 12 funds as may be available for such purposes, and shall 13 be available, without additional competition, for com14 pleting the funding of awards made pursuant to the fiscal 15 year 2018 National Infrastructure Investment grants 16 (also known as the Better Utilizing Investments to Lever17 age Development, or BUILD grants): 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. 22 SEC. 1202. In allocating and awarding available 23 amounts provided under the heading ‘‘Homeless Assist24 ance Grants’’ in the Department of Housing and Urban 25 Development Appropriations Act, 2020 (Public Law 116– July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 164 1 94), the same heading in prior Acts for fiscal years 2018 2 and 2019, and section 231 of Public Law 116–94 for the 3 Continuum of Care program, the Secretary of Housing 4 and Urban Development shall renew for one 12-month pe5 riod, without additional competition, all projects with ex6 isting grants expiring during calendar year 2021, includ7 ing youth homeless demonstration projects and shelter 8 plus care projects expiring during calendar year 2021, not9 withstanding any inconsistent provisions in such Acts or 10 in subtitle C of title IV of the McKinney-Vento Homeless 11 Assistance Act, as amended: Provided, That Continuum 12 of Care planning and Unified Funding Agency awards ex13 piring in calendar year 2021 may also be renewed and that 14 the Continuum of Care may designate a new collaborative 15 applicant to receive the award in accordance with the ex16 isting process established by the Secretary: Provided fur17 ther, That the Secretary shall publish a Notice that identi18 fies and lists all projects and awards eligible for such non19 competitive renewal, prescribes the format and process by 20 which the projects and awards from the list will be re21 newed, makes adjustments to the renewal amount based 22 on changes to the Fair Market Rent, and establishes a 23 maximum amount for the renewal of planning and Unified 24 Funding Agency awards notwithstanding the requirement 25 that such maximum amount be established in a Notice of July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 165 1 Funding Availability: Provided further, That amounts set2 aside under such heading for fiscal year 2020 for new 3 awards, including amounts under the third proviso, and 4 any remaining available amounts under such heading for 5 fiscal years 2019 and 2020 after the renewal of eligible 6 projects and awards, may be added to the appropriate fis7 cal year 2021 Notice of Funding Availability: Provided 8 further, That such amount is designated by the Congress 9 as being for an emergency requirement pursuant to sec10 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer11 gency Deficit Control Act of 1985. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 166 1 TITLE XIII 2 GENERAL PROVISIONS—THIS ACT 3 SEC. 1301. Each amount appropriated or made avail- 4 able by this Act is in addition to amounts otherwise appro5 priated for the fiscal year involved. 6 SEC. 1302. No part of any appropriation contained 7 in this Act shall remain available for obligation beyond 8 the current fiscal year unless expressly so provided herein. 9 SEC. 1303. Unless otherwise provided for by this Act, 10 the additional amounts appropriated by this Act to appro11 priations accounts shall be available under the authorities 12 and conditions applicable to such appropriations accounts 13 for fiscal year 2020. 14 SEC. 1304. In this Act, the term ‘‘coronavirus’’ 15 means SARS–CoV–2 or another coronavirus with pan16 demic potential. 17 SEC. 1305. Each amount designated in this Act by 18 the Congress as being for an emergency requirement pur19 suant to section 251(b)(2)(A)(i) of the Balanced Budget 20 and Emergency Deficit Control Act of 1985 shall be avail21 able (or rescinded or transferred, if applicable) only if the 22 President subsequently so designates all such amounts 23 and transmits such designations to the Congress. 24 SEC. 1306. Any amount appropriated by this Act, 25 designated by the Congress as an emergency requirement July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 167 1 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg2 et and Emergency Deficit Control Act of 1985 and subse3 quently so designated by the President, and transferred 4 pursuant to transfer authorities provided by this Act shall 5 retain such designation. 6 SEC. 1307. Solely for the purpose of calculating a 7 breach within a category for fiscal year 2020 pursuant to 8 section 251(a)(6) or section 254(g) of the Balanced Budg9 et and Emergency Deficit Control Act of 1985, and not10 withstanding any other provision of this division, the 11 budgetary effects from this division shall be counted as 12 amounts designated as being for an emergency require13 ment pursuant to section 251(b)(2)(A) of such Act. 14 This division may be cited as the ‘‘Coronavirus Re- 15 sponse Additional Supplemental Appropriations Act, 16 2020’’. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 168 1 DIVISION B—OTHER MATTERS 2 PRESUMPTIONS OF SERVICE-CONNECTION FOR MEMBERS 3 OF ARMED FORCES WHO CONTRACT CORONAVIRUS 4 DISEASE 2019 UNDER CERTAIN CIRCUMSTANCES 5 SEC. 101. (a) IN GENERAL.—Subchapter VI of chap- 6 ter 11 of title 38, United States Code, is amended by add7 ing at the end the following new section: 8 ‘‘§ 1164. 9 10 Presumptions of service-connection for Coronavirus Disease 2019 ‘‘(a) PRESUMPTIONS GENERALLY.—(1) For purposes 11 of laws administered by the Secretary and subject to sec12 tion 1113 of this title, if symptoms of Coronavirus Disease 13 2019 (in this section referred to as ‘COVID–19’) de14 scribed in subsection (d) manifest within one of the mani15 festation periods described in paragraph (2) in an indi16 vidual who served in a qualifying period of duty described 17 in subsection (b)— 18 ‘‘(A) infection with severe acute respiratory 19 syndrome coronavirus 2 (in this section referred to 20 as ‘SARS–CoV–2’) shall be presumed to have oc- 21 curred during the qualifying period of duty; 22 ‘‘(B) COVID–19 shall be presumed to have 23 been incurred during the qualifying period of duty; 24 and July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 169 1 ‘‘(C) if the individual becomes disabled or dies 2 as a result of COVID–19, it shall be presumed that 3 the individual became disabled or died during the 4 qualifying period of duty for purposes of establishing 5 that the individual served in the active military, 6 naval, or air service. 7 ‘‘(2)(A) The manifestation periods described in this 8 paragraph are the following: 9 ‘‘(i) During a qualifying period of duty de- 10 scribed in subsection (b), if that period of duty was 11 more than 48 continuous hours in duration. 12 ‘‘(ii) Within 14 days after the individual’s com- 13 pletion of a qualifying period of duty described in 14 subsection (b). 15 ‘‘(iii) An additional period prescribed under 16 subparagraph (B). 17 ‘‘(B)(i) If the Secretary determines that a manifesta- 18 tion period of more than 14 days after completion of a 19 qualifying period of service is appropriate for the presump20 tions under paragraph (1), the Secretary may prescribe 21 that additional period by regulation. 22 ‘‘(ii) A determination under clause (i) shall be made 23 in consultation with the Director of the Centers for Dis24 ease Control and Prevention. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 170 1 ‘‘(b) QUALIFYING PERIOD OF DUTY DESCRIBED.— 2 A qualifying period of duty described in this subsection 3 is a period of— 4 ‘‘(1) active duty; or 5 ‘‘(2) the following duty or training not covered 6 by paragraph (1) performed under orders issued on 7 or after March 13, 2020, during the national emer- 8 gency declared by the President under the National 9 Emergencies Act (50 U.S.C. 1601 et seq.): 10 ‘‘(A) Training duty under title 10. 11 ‘‘(B) Full-time National Guard duty (as 12 13 defined in section 101 of title 10). ‘‘(c) APPLICATION OF PRESUMPTIONS FOR TRAINING 14 DUTY.—When, pursuant to subsection (a), COVID–19 is 15 presumed to have been incurred during a qualifying period 16 of duty described in subsection (b)(2)— 17 ‘‘(1) COVID–19 shall be deemed to have been 18 incurred in the line of duty during a period of active 19 military, naval, or air service; and 20 ‘‘(2) where entitlement to benefits under this 21 title is predicated on the individual who was disabled 22 or died being a veteran, benefits for disability or 23 death resulting from COVID–19 as described in sub- 24 section (a) shall be paid or furnished as if the indi- 25 vidual was a veteran, without regard to whether the July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 171 1 period of duty would constitute active military, 2 naval, or air service under section 101 of this title. 3 ‘‘(d) SYMPTOMS OF COVID–19.—For purposes of 4 subsection (a), symptoms of COVID–19 are those symp5 toms that competent medical evidence demonstrates are 6 experienced by an individual affected and directly related 7 to COVID–19. 8 ‘‘(e) MEDICAL EXAMINATIONS AND OPINIONS.—If 9 there is a question of whether the symptoms experienced 10 by an individual described in paragraph (1) of subsection 11 (a) during a manifestation period described in paragraph 12 (2) of such subsection are attributable to COVID–19 re13 sulting from infection with SARS–CoV–2 during the 14 qualifying period of duty, in determining whether a med15 ical examination or medical opinion is necessary to make 16 a decision on the claim within the meaning of section 17 5103A(d) of this title, a qualifying period of duty de18 scribed in subsection (b) of this section shall be treated 19 as if it were active military, naval, or air service for pur20 poses of section 5103A(d)(2)(B) of this title.’’. 21 (b) CLERICAL AMENDMENT.—The table of sections 22 at the beginning of such subchapter is amended by adding 23 at the end the following new item: ‘‘1164. Presumptions of service-connection for Coronavirus Disease 2019.’’. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 172 1 U.S. CITIZENSHIP AND IMMIGRATION SERVICES LOAN 2 AUTHORITY 3 4 SEC. 102. (a) ISSUANCE OF OF NOTES BY SECRETARY HOMELAND SECURITY.—The Secretary of Homeland 5 Security is authorized to issue to the Secretary of the 6 Treasury from time to time and have outstanding at any 7 one time, in an amount not exceeding $1,222,000,000, 8 notes or other obligations in such forms and denomina9 tions, bearing such maturities, and subject to such terms 10 and conditions as may be prescribed by the Secretary of 11 Homeland Security with the approval of the Secretary of 12 the Treasury. Such notes or other obligations shall bear 13 interest at a rate determined by the Secretary of the 14 Treasury, taking into consideration the current average 15 market yield on outstanding marketable obligations of the 16 United States of comparable maturities during the month 17 preceding the issuance of such notes or other obligations. 18 The Secretary of the Treasury is authorized and directed 19 to purchase any notes and other obligations to be issued 20 under this subsection and for such purpose he is author21 ized to use as a public debt transaction the proceeds from 22 the sale of any securities issued under chapter 31 of title 23 31, and the purposes for which securities may be issued 24 under such chapter are extended to include any purchases 25 of such notes and obligations. The Secretary of the Treas- July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 173 1 ury may at any time sell any of the notes or other obliga2 tions acquired by him under this section. All redemptions, 3 purchases, and sales by the Secretary of the Treasury of 4 such notes or other obligations shall be treated as public 5 debt transactions of the United States. 6 (b) DEPOSIT OF BORROWED FUNDS.—Any funds 7 borrowed by the Secretary of Homeland Security under 8 the authority provided by subsection (a) shall, from time 9 to time, be deposited in the Immigration Examinations 10 Fee Account established pursuant to section 286(m) of the 11 Immigration and Nationality Act (8 U.S.C. 1356(m)), and 12 shall remain available only to U.S. Citizenship and Immi13 gration Services for purposes described in section 286(n) 14 of such Act (8 U.S.C. 1356(n)). 15 (c) SCHEDULE OF REPAYMENTS.—Upon the exercise 16 of the authority established under subsection (a), the Sec17 retary of Homeland Security shall transmit a schedule for 18 repayment of such amounts to— 19 (1) the Secretary of the Treasury; 20 (2) the Committees on the Judiciary of the Sen- 21 22 23 24 25 July 27, 2020 (3:54 p.m.) ate and the House of Representatives; (3) the Committee on Homeland Security of the House of Representatives; and (4) the Committee on Homeland Security and Governmental Affairs of the Senate. U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 174 1 (d) REPORTS ON REPAYMENT.—In connection with 2 any funds borrowed by the Secretary of Homeland Secu3 rity under the authority established in subsection (a), the 4 Secretary, beginning 6 months after the date on which 5 such funds are borrowed, and continuing every 6 months 6 thereafter until such borrowed funds are fully repaid, shall 7 submit a report on the progress of such repayment to the 8 Secretary of the Treasury and to the Committees de9 scribed in subsection (c). 10 11 (e) CITIZENSHIP AND IMMIGRATION SERVICES SUR- CHARGE.— 12 (1) Subject to paragraphs (2) and (4), any ap- 13 plicant paying a fee authorized by the Secretary of 14 Homeland Security under section 286(m) of the Im- 15 migration and Nationality Act (8 U.S.C. 1356(m)) 16 shall pay a surcharge in addition to each such fee. 17 The surcharge shall be 10 percent of such fee round- 18 ed up to the nearest dollar. 19 (2) Notwithstanding any other provision of law, 20 including the Administrative Procedure Act (5 21 U.S.C. 551 et seq.) and the Paperwork Reduction 22 Act (44 U.S.C. 3501 et seq.), beginning 60 days 23 after any exercise of the authority provided in sub- 24 section (a), the Secretary of Homeland Security 25 shall begin collecting the surcharge prescribed by July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 175 1 this section and shall reject any benefit request sub- 2 mitted without payment for such surcharge, if appli- 3 cable. Notwithstanding any other provision of law, 4 including the provisions of section 286(m) of the Im- 5 migration and Nationality Act (8 U.S.C. 1356(m)) 6 regarding payment of certain fees to the treasury of 7 Guam or the Virgin Islands and section 286(n) of 8 such Act (8 U.S.C. 1356(n)), the Secretary shall use 9 all surcharges collected under this subsection to 10 repay funds borrowed under subsection (a). 11 (3) Other than surcharges collected under this 12 subsection, no funds available to the Department of 13 Homeland Security under section 286(m) and (n) of 14 the Immigration and Nationality Act (8 U.S.C. 15 1356(m) and (n)) or under any other law may be 16 used to repay funds borrowed under subsection (a). 17 (4) The Secretary of Homeland Security shall 18 cease to collect any surcharge under this subsection 19 when all repayment obligations under subsections (a) 20 and (c) have been satisfied. 21 (f) SUNSET OF AUTHORITY.—The authority granted 22 to the Secretary of Homeland Security under subsection 23 (a) shall expire on September 30, 2021. July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 176 1 SECURE AND TRUSTED COMMUNICATIONS NETWORKS ACT 2 SEC. 103. There is appropriated, out of amounts in 3 the Treasury not otherwise appropriated, for the fiscal 4 year ending September 30, 2020, and in addition to any 5 other amounts made available for such purpose, 6 $1,000,000,000, for an additional amount under the head7 ing ‘‘Federal Communications Commission—Secure and 8 Trusted Communications Networks Reimbursement Pro9 gram’’, to remain available until expended, to carry out 10 the Secure and Trusted Communications Networks Act of 11 2019 (47 U.S.C. 1601 et seq.), of which $995,000,000 12 shall be to carry out the program established under section 13 4 of that Act (47 U.S.C. 1603). 14 15 BUDGETARY EFFECTS SEC. 104. (a) IN GENERAL.—The amounts provided 16 under this division are designated as an emergency re17 quirement pursuant to section 4(g) of the Statutory Pay18 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 19 (b) DESIGNATION IN SENATE.—In the Senate, this 20 division is designated as an emergency requirement pursu21 ant to section 4112(a) of H. Con. Res. 71 (115th Con22 gress), the concurrent resolution on the budget for fiscal 23 year 2018. 24 (c) CLASSIFICATION OF BUDGETARY EFFECTS.— 25 Notwithstanding Rule 3 of the Budget Scorekeeping July 27, 2020 (3:54 p.m.) U:\2020REPT\SUPP\TJSIND\TJS05MAH.xml SEN. APPRO. 177 1 Guidelines set forth in the joint explanatory statement of 2 the committee of conference accompanying Conference Re3 port 105–217 and section 250(c)(7) and (c)(8) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985, 5 the budgetary effects of this division— 6 7 (1) shall not be estimated for purposes of section 251 of such Act; 8 (2) shall not be estimated for purposes of para- 9 graph (4)(C) of section 3 of the Statutory Pay As- 10 You-Go Act of 2010 as being included in an appro- 11 priation Act; and 12 (3) shall be treated as if they were contained in 13 a PAYGO Act, as defined by section 3(7) of the 14 Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 15 932(7)). July 27, 2020 (3:54 p.m.)