HEN20945 MMS S.L.C. AMENDMENT NO.llll Calendar No.lll Purpose: To provide for a complete substitute. IN THE SENATE OF THE UNITED STATES—116th Cong., 2d Sess. S. 178 To condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China. Referred to the Committee on llllllllll and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT intended to be proposed by llllllllll Viz: 1 Strike all after the enacting clause and insert the fol- 2 lowing: 3 4 SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Delivering Immediate 5 Relief to America’s Families, Schools and Small Busi6 nesses Act’’. 7 8 SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. HEN20945 MMS S.L.C. 2 Sec. 3. References. DIVISION A—LIABILITY PROTECTIONS, CONTINUED RELIEF FOR SMALL BUSINESSES AND WORKERS, PUBLIC HEALTH ENHANCEMENTS, AND EDUCATIONAL SUPPORT TITLE I—SUNSETS AND OFFSETS Sec. Sec. Sec. Sec. 1001. 1002. 1003. 1004. Emergency relief and taxpayer protections. Direct appropriation. Termination of authority. Rescissions. TITLE II—CORONAVIRUS LIABILITY RELIEF Sec. 2001. Short title. Sec. 2002. Findings and purposes. Sec. 2003. Definitions. Subtitle A—Liability Relief PART I—LIABILITY LIMITATIONS FOR INDIVIDUALS AND ENTITIES ENGAGED IN BUSINESSES, SERVICES, ACTIVITIES, OR ACCOMMODATIONS Sec. 2121. Application of part. Sec. 2122. Liability; safe harbor. PART II—LIABILITY LIMITATIONS FOR HEALTH CARE PROVIDERS Sec. 2141. Application of part. Sec. 2142. Liability for health care professionals and health care facilities during coronavirus public health emergency. PART III—SUBSTANTIVE AND PROCEDURAL PROVISIONS ACTIONS GENERALLY FOR CORONAVIRUS- RELATED Sec. Sec. Sec. Sec. 2161. 2162. 2163. 2164. Jurisdiction. Limitations on suits. Procedures for suit in district courts of the united states. Demand letters; cause of action. PART IV—RELATION Sec. Sec. Sec. Sec. 2181. 2182. 2183. 2184. TO LABOR AND EMPLOYMENT LAWS Limitation on violations under specific laws. Liability for conducting testing at workplace. Joint employment and independent contracting. Exclusion of certain notification requirements as a result of the COVID–19 public health emergency. Subtitle B—Products Sec. 2201. Applicability of the targeted liability protections for pandemic and epidemic products and security countermeasures with respect to covid–19. Subtitle C—General Provisions Sec. 2301. Severability. HEN20945 MMS S.L.C. 3 TITLE III—ASSISTANCE FOR AMERICAN FAMILIES Sec. 3001. Short title. Sec. 3002. Extension of the Federal Pandemic Unemployment Compensation program. TITLE IV—SMALL BUSINESS PROGRAMS Sec. 4001. Small business recovery. TITLE V—POSTAL SERVICE ASSISTANCE Sec. 5001. COVID–19 funding for the United States Postal Service. TITLE VI—EDUCATIONAL SUPPORT AND CHILD CARE Subtitle A—Emergency Education Freedom Grants; Tax Credits for Contributions to Eligible Scholarship-granting Organizations Sec. 6001. Emergency education freedom grants. Sec. 6002. Tax credits for contributions to eligible scholarship-granting organizations. Sec. 6003. Education Freedom Scholarships web portal and administration. Sec. 6004. 529 account funding for homeschool and additional elementary and secondary expenses. Subtitle B—Back to Work Child Care Grants Sec. 6101. Back to Work Child Care grants. TITLE VII—PANDEMIC PREPARATION AND STRATEGIC STOCKPILE Sec. 7001. Sustained on-shore manufacturing capacity for public health emergencies. Sec. 7002. Improving and sustaining State medical stockpiles. Sec. 7003. Strengthening the Strategic National Stockpile. TITLE VIII—CORONAVIRUS RELIEF FUND EXTENSION Sec. 8001. Extension of period to use Coronavirus Relief Fund payments. TITLE IX—CHARITABLE GIVING Sec. 9001. Increase in limitation on partial above the line deduction for charitable contributions. TITLE X—CRITICAL MINERALS Sec. 10001. Mineral security. Sec. 10002. Rare earth element advanced coal technologies. TITLE XI—MISCELLANEOUS PROVISIONS Sec. 11001. Emergency designation. DIVISION B—CORONAVIRUS RESPONSE ADDITIONAL SUPPLEMENTAL APPROPRIATIONS ACT, 2020 HEN20945 MMS S.L.C. 4 1 SEC. 3. REFERENCES. Except as expressly provided otherwise, any reference 2 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. 12 DIVISION A—LIABILITY PROTECTIONS, CONTINUED RELIEF FOR SMALL BUSINESSES AND WORKERS, PUBLIC HEALTH ENHANCEMENTS, AND EDUCATIONAL SUPPORT TITLE I—SUNSETS AND OFFSETS 13 SEC. 1001. EMERGENCY RELIEF AND TAXPAYER PROTEC- 6 7 8 9 10 11 14 TIONS. Section 4003 of the CARES Act (15 U.S.C. 9061) 15 16 is amended in subsection (e) by striking ‘‘Amounts’’ and 17 inserting ‘‘Notwithstanding any other provision of law, 18 amounts’’. 19 SEC. 1002. DIRECT APPROPRIATION. 20 Section 4027 of the CARES Act (15 U.S.C. 9063) 21 is amended by adding at the end the following: 22 ‘‘(d) REDUCTION.—The appropriation made under 23 this section shall be reduced, on January 19, 2021, by 24 an amount equal to the difference between 25 $454,000,000,000 and the aggregate amount of loans, 26 loan guarantees, and other investments that the Secretary HEN20945 MMS S.L.C. 5 1 has made or committed to make under section 4003(b)(4) 2 as of such date.’’. 3 4 SEC. 1003. TERMINATION OF AUTHORITY. Section 4029 of the CARES Act (15 U.S.C. 9063) 5 is amended by adding at the end the following: 6 7 8 ‘‘(c) FEDERAL RESERVE PROGRAMS OR FACILI- TIES.— ‘‘(1) IN GENERAL.—Notwithstanding any other 9 provision of law, after January 4, 2021, the Board 10 of Governors of the Federal Reserve System and the 11 Federal Reserve banks shall not make any loan, pur- 12 chase any obligation, asset, security, or other inter- 13 est, or make any extension of credit through any 14 program or facility established under section 13(3) 15 of the Federal Reserve Act (12 U.S.C. 343(3)) in 16 which the Secretary made a loan, loan guarantee, or 17 other investment using funds appropriated under 18 section 4027, other than any such loan, purchase, or 19 extension of credit for which a complete application 20 was submitted on or before January 4, 2021, pro- 21 vided that such loan, purchase, or extension of credit 22 is made on or before January 18, 2021, and under 23 the terms and conditions of the program or facility 24 as in effect on the date the complete application was 25 submitted. HEN20945 MMS S.L.C. 6 1 ‘‘(2) NO MODIFICATION.—On or after January 2 19, 2021, the Board of Governors of the Federal Re- 3 serve System and the Federal Reserve banks shall 4 not modify the terms and conditions of any program 5 or facility established under section 13(3) of the 6 Federal Reserve Act (12 U.S.C. 343(3)) in which 7 the Secretary made a loan, loan guarantee, or other 8 investment using funds appropriated under section 9 4027, but may modify or restructure a loan, obliga- 10 tion, asset, security, or other interest, or extension 11 of credit made or purchased through any such pro- 12 gram or facility provided that— 13 ‘‘(A) the loan, obligation, asset, security, 14 or other interest, or extension of credit is for an 15 eligible business, including an eligible nonprofit 16 organization; and 17 ‘‘(B) the modification or restructuring re- 18 lates to a single and specific eligible business, 19 including an eligible nonprofit organization; and 20 ‘‘(C) the modification or restructuring is 21 necessary to minimize costs to taxpayers that 22 could arise from a default on the loan, obliga- 23 tion, asset, security, or other interest, or exten- 24 sion of credit.’’. HEN20945 MMS S.L.C. 7 1 2 3 SEC. 1004. RESCISSIONS. (a) PPP MENTS.—Of AND SUBSIDY FOR CERTAIN LOAN PAY- the unobligated balances in the appropria- 4 tions account under the heading ‘‘Small Business Admin5 istration—Business Loans Program Account, CARES 6 Act’’ as of the day before the date of enactment of this 7 Act, effective on the date of enactment of this Act 8 $146,000,000,000 shall be rescinded and deposited into 9 the general fund of the Treasury. 10 (b) EXCHANGE STABILIZATION FUND.—Section 11 4003 of the CARES Act (15 U.S.C. 9042) is amended— 12 (1) in subsection 13 ‘‘$500,000,000,000’’ 14 ‘‘$296,000,000,000’’; and 15 ceding 17 ‘‘$454,000,000,000’’ 18 ‘‘$250,000,000,000’’. 20 21 22 by and striking inserting (2) in subsection (b)(4), in the matter pre- 16 19 (a), subparagraph (A), and by striking inserting TITLE II—CORONAVIRUS LIABILITY RELIEF SEC. 2001. SHORT TITLE. This title may be cited as the ‘‘Safeguarding Amer- 23 ica’s Frontline Employees To Offer Work Opportunities 24 Required to Kickstart the Economy Act’’ or the ‘‘SAFE 25 TO WORK Act’’. HEN20945 MMS S.L.C. 8 1 2 SEC. 2002. FINDINGS AND PURPOSES. (a) FINDINGS.—Congress finds the following: 3 (1) The SARS–CoV–2 virus that originated in 4 China and causes the disease COVID–19 has caused 5 untold misery and devastation throughout the world, 6 including in the United States. 7 (2) For months, frontline health care workers 8 and health care facilities have fought the virus with 9 courage and resolve. They did so at first with very 10 little information about how to treat the virus and 11 developed strategies to save lives of the people of the 12 United States in real time. They risked their per- 13 sonal health and wellbeing to protect and treat their 14 patients. 15 (3) Businesses in the United States kicked into 16 action to produce and procure personal protective 17 equipment, such as masks, gloves, face shields, and 18 hand sanitizer, and other necessary medical supplies, 19 such as ventilators, at unprecedented rates. 20 (4) To halt the spread of the disease, State and 21 local governments took drastic measures. They shut 22 down small and large businesses, schools, colleges 23 and universities, religious, philanthropic and other 24 nonprofit institutions, and local government agen- 25 cies. They ordered people to remain in their homes. HEN20945 MMS S.L.C. 9 1 (5) This standstill was needed to slow the 2 spread of the virus. But it devastated the economy 3 of the United States. The sum of hundreds of local- 4 level and State-level decisions to close nearly every 5 space in which people might gather brought inter- 6 state commerce nearly to a halt. 7 (6) This halt led to the loss of millions of jobs. 8 These lost jobs were not a natural consequence of 9 the economic environment, but rather the result of 10 a drastic, though temporary, response to the unprec- 11 edented nature of this global pandemic. 12 (7) Congress passed a series of statutes to ad- 13 dress the health care and economic crises—the 14 Coronavirus Preparedness and Response Supple- 15 mental Appropriations Act, 2020 (Public Law 116– 16 123; 134 Stat. 146), the Families First Coronavirus 17 Response Act (Public Law 116–127; 134 Stat. 178), 18 the Coronavirus Aid, Relief, and Economic Security 19 Act or the CARES Act (Public Law 116–136), and 20 the Paycheck Protection Program and Health Care 21 Enhancement Act (Public Law 116–139; 134 Stat. 22 620). In these laws Congress exercised its power 23 under the Commerce and Spending Clauses of the 24 Constitution of the United States to direct trillions 25 of taxpayer dollars toward efforts to aid workers, HEN20945 MMS S.L.C. 10 1 businesses, State and local governments, health care 2 workers, and patients. 3 (8) This legislation provided short-term insula- 4 tion from the worst of the economic storm, but these 5 laws alone cannot protect the United States from 6 further devastation. Only reopening the economy so 7 that workers can get back to work and students can 8 get back to school can accomplish that goal. 9 (9) The Constitution of the United States spe- 10 cifically enumerates the legislative powers of Con- 11 gress. One of those powers is the regulation of inter- 12 state commerce. The Government is not a substitute 13 for the economy, but it has the authority and the 14 duty to act when interstate commerce is threatened 15 and damaged. As applied to the present crisis, Con- 16 gress can deploy its power over interstate commerce 17 to promote a prudent reopening of businesses and 18 other organizations that serve as the foundation and 19 backbone of the national economy and of commerce 20 among the States. These include small and large 21 businesses, schools (which are substantial employers 22 in their own right and provide necessary services to 23 enable parents and other caregivers to return to 24 work), colleges and universities (which are substan- 25 tial employers and supply the interstate market for HEN20945 MMS S.L.C. 11 1 higher-education services), religious, philanthropic 2 and other nonprofit institutions (which are substan- 3 tial employers and provide necessary services to their 4 communities), and local government agencies. 5 (10) Congress must also ensure that the Na- 6 tion’s health care workers and health care facilities 7 are able to act fully to defeat the virus. 8 (11) Congress must also safeguard its invest- 9 ment of taxpayer dollars under the CARES Act and 10 other coronavirus legislation. Congress must ensure 11 that those funds are used to help businesses and 12 workers survive and recover from the economic cri- 13 sis, and to help health care workers and health care 14 facilities defeat the virus. CARES Act funds cannot 15 be diverted from these important purposes to line 16 the pockets of the trial bar. 17 (12) One of the chief impediments to the con- 18 tinued flow of interstate commerce as this public- 19 health crisis has unfolded is the risk of litigation. 20 Small and large businesses, schools, colleges and 21 universities, religious, philanthropic and other non- 22 profit institutions, and local government agencies 23 confront the risk of a tidal wave of lawsuits accusing 24 them of exposing employees, customers, students, 25 and worshipers to coronavirus. Health care workers HEN20945 MMS S.L.C. 12 1 face the threat of lawsuits arising from their efforts 2 to fight the virus. 3 (13) They confront this litigation risk even as 4 they work tirelessly to comply with the coronavirus 5 guidance, rules, and regulations issued by local gov- 6 ernments, State governments, and the Federal Gov- 7 ernment. They confront this risk notwithstanding 8 equipment and staffing shortages. And they confront 9 this risk while also grappling with constantly chang- 10 ing information on how best to protect employees, 11 customers, students, and worshipers from the virus, 12 and how best to treat it. 13 (14) These lawsuits pose a substantial risk to 14 interstate commerce because they threaten to keep 15 small and large businesses, schools, colleges and uni- 16 versities, religious, philanthropic and other nonprofit 17 institutions, and local government agencies from re- 18 opening for fear of expensive litigation that might 19 prove to be meritless. These lawsuits further threat- 20 en to undermine the Nation’s fight against the virus 21 by exposing our health care workers and health care 22 facilities to liability for difficult medical decisions 23 they have made under trying and uncertain cir- 24 cumstances. HEN20945 MMS S.L.C. 13 1 (15) These lawsuits also risk diverting taxpayer 2 money provided under the CARES Act and other 3 coronavirus legislation from its intended purposes to 4 the pockets of opportunistic trial lawyers. 5 (16) This risk is not purely local. It is nec- 6 essarily national in scale. A patchwork of local and 7 State rules governing liability in coronavirus-related 8 lawsuits creates tremendous unpredictability for ev- 9 eryone participating in interstate commerce and acts 10 as a significant drag on national recovery. The ag- 11 gregation of each individual potential liability risk 12 poses a substantial and unprecedented threat to 13 interstate commerce. 14 (17) The accumulated economic risks for these 15 potential defendants directly and substantially af- 16 fects interstate commerce. Individuals and entities 17 potentially subject to coronavirus-related liability will 18 structure their decisionmaking to avoid that liability. 19 Small and large businesses, schools, colleges and 20 universities, religious, philanthropic and other non- 21 profit institutions, and local government agencies 22 may decline to reopen because of the risk of litiga- 23 tion. They may limit their output or engagement 24 with customers and communities to avoid the risk of 25 litigation. These individual economic decisions sub- HEN20945 MMS S.L.C. 14 1 stantially affect interstate commerce because, as a 2 whole, they will prevent the free and fair exchange 3 of goods and services across State lines. Such eco- 4 nomic activity that, individually and in the aggre- 5 gate, substantially affects interstate commerce is 6 precisely the sort of conduct that should be subject 7 to congressional regulation. 8 (18) Lawsuits against health care workers and 9 facilities pose a similarly dangerous risk to interstate 10 commerce. Interstate commerce will not truly re- 11 bound from this crisis until the virus is defeated, 12 and that will not happen unless health care workers 13 and facilities are free to combat vigorously the virus 14 and treat patients with coronavirus and those other- 15 wise impacted by the response to coronavirus. 16 (19) Subjecting health care workers and facili- 17 ties to onerous litigation even as they have done 18 their level best to combat a virus about which very 19 little was known when it arrived in the United 20 States would divert important health care resources 21 from hospitals and providers to courtrooms. 22 (20) Such a diversion would substantially affect 23 interstate commerce by degrading the national ca- 24 pacity for combating the virus and saving patients, HEN20945 MMS S.L.C. 15 1 thereby substantially elongating the period before 2 interstate commerce could fully re-engage. 3 (21) Congress also has the authority to deter- 4 mine the jurisdiction of the courts of the United 5 States, to set the standards for causes of action they 6 can hear, and to establish the rules by which those 7 causes of action should proceed. Congress therefore 8 must act to set rules governing liability in 9 coronavirus-related lawsuits. 10 (22) These rules necessarily must be temporary 11 and carefully tailored to the interstate crisis caused 12 by the coronavirus pandemic. They must extend no 13 further than necessary to meet this uniquely na- 14 tional crisis for which a patchwork of State and local 15 tort laws are ill-suited. 16 (23) Because of the national scope of the eco- 17 nomic and health care dangers posed by the risks of 18 coronavirus-related lawsuits, establishing temporary 19 rules governing liability for certain coronavirus-re- 20 lated tort claims is a necessary and proper means of 21 carrying into execution Congress’s power to regulate 22 commerce among the several States. 23 (24) Because Congress must safeguard the in- 24 vestment of taxpayer dollars it made in the CARES 25 Act and other coronavirus legislation, and ensure HEN20945 MMS S.L.C. 16 1 that they are used for their intended purposes and 2 not diverted for other purposes, establishing tem- 3 porary 4 coronavirus-related tort claims is a necessary and 5 proper means of carrying into execution Congress’s 6 power to provide for the general welfare of the 7 United States. 8 (b) PURPOSES.—Pursuant to the powers delegated to rules governing liability for certain 9 Congress by article I, section 8, clauses 1, 3, 9, and 18, 10 and article III, section 2, clause 1 of the Constitution of 11 the United States, the purposes of this title are to— 12 (1) establish necessary and consistent standards 13 for litigating certain claims specific to the unique 14 coronavirus pandemic; 15 16 (2) prevent the overburdening of the court systems with undue litigation; 17 (3) encourage planning, care, and appropriate 18 risk management by small and large businesses, 19 schools, colleges and universities, religious, philan- 20 thropic and other nonprofit institutions, local gov- 21 ernment agencies, and health care providers; 22 (4) ensure that the Nation’s recovery from the 23 coronavirus economic crisis is not burdened or 24 slowed by the substantial risk of litigation; HEN20945 MMS S.L.C. 17 1 (5) prevent litigation brought to extract settle- 2 ments and enrich trial lawyers rather than vindicate 3 meritorious claims; (6) protect interstate commerce from the bur- 4 5 dens of potentially meritless litigation; (7) ensure the economic recovery proceeds with- 6 7 out artificial and unnecessary delay; 8 (8) protect the interests of the taxpayers by en- 9 suring that emergency taxpayer support continues to 10 aid businesses, workers, and health care providers 11 rather than enrich trial lawyers; and 12 (9) protect the highest and best ideals of the 13 national economy, so businesses can produce and 14 serve their customers, workers can work, teachers 15 can teach, students can learn, and believers can wor- 16 ship. 17 SEC. 2003. DEFINITIONS. 18 In this title: 19 (1) APPLICABLE GOVERNMENT 20 AND GUIDANCE.—The 21 standards and guidance’’ means— STANDARDS term ‘‘applicable government 22 (A) any mandatory standards or regula- 23 tions specifically concerning the prevention or 24 mitigation of the transmission of coronavirus 25 issued by the Federal Government, or a State HEN20945 MMS S.L.C. 18 1 or local government with jurisdiction over an in- 2 dividual or entity, whether provided by execu- 3 tive, judicial, or legislative order; and 4 (B) with respect to an individual or entity 5 that, at the time of the actual, alleged, feared, 6 or potential for exposure to coronavirus is not 7 subject to any mandatory standards or regula- 8 tions described in subparagraph (A), any guid- 9 ance, standards, or regulations specifically con- 10 cerning the prevention or mitigation of the 11 transmission of coronavirus issued by the Fed- 12 eral Government, or a State or local govern- 13 ment with jurisdiction over the individual or en- 14 tity. 15 (2) BUSINESSES, SERVICES, ACTIVITIES, OR AC- 16 COMMODATIONS.—The term ‘‘businesses, services, 17 activities, or accommodations’’ means any act by an 18 individual or entity, irrespective of whether the act 19 is carried on for profit, that is interstate or foreign 20 commerce, that involves persons or things in inter- 21 state or foreign commerce, that involves the channels 22 or instrumentalities of interstate or foreign com- 23 merce, that substantially affects interstate or foreign 24 commerce, or that is otherwise an act subject to reg- 25 ulation by Congress as necessary and proper to HEN20945 MMS S.L.C. 19 1 carry into execution Congress’s powers to regulate 2 interstate or foreign commerce or to spend funds for 3 the general welfare. 4 (3) CORONAVIRUS.—The term ‘‘coronavirus’’ 5 means any disease, health condition, or threat of 6 harm caused by the SARS–CoV–2 virus or a virus 7 mutating therefrom. 8 9 10 (4) CORONAVIRUS (A) IN EXPOSURE ACTION.— GENERAL.—The term ‘‘coronavirus exposure action’’ means a civil action— 11 (i) brought by a person who suffered 12 personal injury or is at risk of suffering 13 personal injury, or a representative of a 14 person who suffered personal injury or is 15 at risk of suffering personal injury; 16 (ii) brought against an individual or 17 entity engaged in businesses, services, ac- 18 tivities, or accommodations; and 19 (iii) alleging that an actual, alleged, 20 feared, or potential for exposure to 21 coronavirus caused the personal injury or 22 risk of personal injury, that— 23 (I) occurred in the course of the 24 businesses, services, activities, or ac- HEN20945 MMS S.L.C. 20 1 commodations of the individual or en- 2 tity; and 3 4 5 6 (II) occurred— (aa) on or after December 1, 2019; and (bb) before the later of— (AA) October 1, 2024; 7 8 or 9 (BB) the date on which 10 there is no declaration by 11 the Secretary of Health and 12 Human Services under sec- 13 tion 319F–3(b) of the Pub- 14 lic Health Service Act (42 15 U.S.C. 247d–6d(b)) (relat- 16 ing 17 measures) that is in effect 18 with respect to coronavirus, 19 including 20 Under the Public Readiness 21 and Emergency Prepared- 22 ness Act for Medical Coun- 23 termeasures 24 COVID–19 (85 Fed. Reg. 25 15198 ) issued by the Sec- to medical the counter- Declaration Against HEN20945 MMS S.L.C. 21 1 retary of Health and Human 2 Services on March 17, 2020. 3 (B) EXCLUSIONS.—The term ‘‘coronavirus exposure action’’ does not include— 4 5 (i) a criminal, civil, or administrative 6 enforcement action brought by the Federal 7 Government or any State, local, or Tribal 8 government; or 9 (ii) a claim alleging intentional dis- 10 crimination on the basis of race, color, na- 11 tional origin, religion, sex (including preg- 12 nancy), disability, genetic information, or 13 age. (5) 14 CORONAVIRUS-RELATED 15 term 16 coronavirus exposure action or a coronavirus-related 17 medical liability action. 18 ‘‘coronavirus-related ACTION.—The (6) action’’ CORONAVIRUS-RELATED means HEALTH a CARE 19 SERVICES.—The 20 care services’’ means services provided by a health 21 care provider, regardless of the location where the 22 services are provided, that relate to— 23 24 term ‘‘coronavirus-related health (A) the diagnosis, prevention, or treatment of coronavirus; HEN20945 MMS S.L.C. 22 (B) the assessment or care of an individual 1 2 with a confirmed 3 coronavirus; or or suspected case of 4 (C) the care of any individual who is ad- 5 mitted to, presents to, receives services from, or 6 resides at, a health care provider for any pur- 7 pose during the period of a Federal emergency 8 declaration concerning coronavirus, if such pro- 9 vider’s decisions or activities with respect to 10 such individual are impacted as a result of 11 coronavirus. 12 (7) CORONAVIRUS-RELATED 13 14 MEDICAL LIABIL- ITY ACTION.— (A) IN GENERAL.—The term ‘‘coronavirus- 15 related medical liability action’’ means a civil 16 action— 17 (i) brought by a person who suffered 18 personal injury, or a representative of a 19 person who suffered personal injury; 20 21 22 (ii) brought against a health care provider; and (iii) alleging any harm, damage, 23 breach, or tort resulting in the personal in- 24 jury alleged to have been caused by, be 25 arising out of, or be related to a health HEN20945 MMS S.L.C. 23 1 care provider’s act or omission in the 2 course of arranging for or providing 3 coronavirus-related health care services 4 that occurred— 5 6 7 (I) on or after December 1, 2019; and (II) before the later of— 8 (aa) October 1, 2024; or 9 (bb) the date on which there 10 is no declaration by the Secretary 11 of Health and Human Services 12 under section 319F–3(b) of the 13 Public Health Service Act (42 14 U.S.C. 247d–6d(b)) (relating to 15 covered countermeasures) that is 16 in 17 coronavirus, including the Dec- 18 laration Under the Public Readi- 19 ness and Emergency Prepared- 20 ness Act for Medical Counter- 21 measures Against COVID–19 (85 22 Fed. Reg. 15198 ) issued by the 23 Secretary of Health and Human 24 Services on March 17, 2020. effect with respect to HEN20945 MMS S.L.C. 24 1 (B) EXCLUSIONS.—The term 2 ‘‘coronavirus-related medical liability action’’ 3 does not include— 4 (i) a criminal, civil, or administrative 5 enforcement action brought by the Federal 6 Government or any State, local, or Tribal 7 government; or 8 (ii) a claim alleging intentional dis- 9 crimination on the basis of race, color, na- 10 tional origin, religion, sex (including preg- 11 nancy), disability, genetic information, or 12 age. 13 (8) EMPLOYER.—The term ‘‘employer’’— 14 (A) means any person serving as an em- 15 ployer or acting directly in the interest of an 16 employer in relation to an employee; 17 (B) includes a public agency; and 18 (C) does not include any labor organization 19 (other than when acting as an employer) or any 20 person acting in the capacity of officer or agent 21 of such labor organization. 22 (9) GOVERNMENT.—The term ‘‘government’’ 23 means an agency, instrumentality, or other entity of 24 the Federal Government, a State government (in- 25 cluding multijurisdictional agencies, instrumental- HEN20945 MMS S.L.C. 25 1 ities, and entities), a local government, or a Tribal 2 government. 3 (10) GROSS NEGLIGENCE.—The term ‘‘gross 4 negligence’’ means a conscious, voluntary act or 5 omission in reckless disregard of— 6 (A) a legal duty; 7 (B) the consequences to another party; and 8 (C) applicable government standards and 9 10 guidance. (11) HARM.—The term ‘‘harm’’ includes— 11 (A) physical and nonphysical contact that 12 results in personal injury to an individual; and 13 (B) economic and noneconomic losses. 14 15 (12) HEALTH (A) IN CARE PROVIDER.— GENERAL.—The term ‘‘health care 16 provider’’ means any person, including an 17 agent, volunteer (subject to subparagraph (C)), 18 contractor, employee, or other entity, who is— 19 (i) required by Federal or State law to 20 be licensed, registered, or certified to pro- 21 vide health care and is so licensed, reg- 22 istered, or certified (or is exempt from any 23 such requirement); 24 (ii) otherwise authorized by Federal or 25 State law to provide care (including serv- HEN20945 MMS S.L.C. 26 1 ices and supports furnished in a home or 2 community-based residential setting under 3 the State Medicaid program or a waiver of 4 that program); or 5 (iii) considered under applicable Fed- 6 eral or State law to be a health care pro- 7 vider, health care professional, health care 8 institution, or health care facility. 9 (B) INCLUSION OF ADMINISTRATORS, SU- 10 PERVISORS, ETC.—The 11 vider’’ includes a health care facility adminis- 12 trator, executive, supervisor, board member or 13 trustee, or another individual responsible for di- 14 recting, supervising, or monitoring the provision 15 of coronavirus-related health care services in a 16 comparable role. 17 (C) INCLUSION term ‘‘health care pro- OF VOLUNTEERS.—The 18 term ‘‘health care provider’’ includes volunteers 19 that meet the following criteria: 20 (i) The volunteer is a health care pro- 21 fessional 22 health care services. 23 24 providing coronavirus-related (ii) The act or omission by the volunteer occurs— HEN20945 MMS S.L.C. 27 1 2 3 4 5 6 (I) in the course of providing health care services; (II) in the health care professional’s capacity as a volunteer; (III) in the course of providing health care services that— 7 (aa) are within the scope of 8 the license, registration, or cer- 9 tification of the volunteer, as de- 10 fined by the State of licensure, 11 registration, or certification; and 12 (bb) do not exceed the scope 13 of license, registration, or certifi- 14 cation of a substantially similar 15 health professional in the State 16 in which such act or omission oc- 17 curs; and 18 (IV) in a good-faith belief that 19 the individual being treated is in need 20 of health care services. 21 (13) INDIVIDUAL OR ENTITY.—The 22 vidual or entity’’ means— term ‘‘indi- 23 (A) any natural person, corporation, com- 24 pany, trade, business, firm, partnership, joint 25 stock company, vessel in rem, educational insti- HEN20945 MMS S.L.C. 28 1 tution, labor organization, or similar organiza- 2 tion or group of organizations; 3 (B) any nonprofit organization, foundation, 4 society, or association organized for religious, 5 charitable, educational, or other purposes; or 6 7 (C) any State, Tribal, or local government. (14) LOCAL GOVERNMENT.—The term ‘‘local 8 government’’ means any unit of government within 9 a State, including a— 10 (A) county; 11 (B) borough; 12 (C) municipality; 13 (D) city; 14 (E) town; 15 (F) township; 16 (G) parish; 17 (H) local public authority, including any 18 public housing agency under the United States 19 Housing Act of 1937 (42 U.S.C. 1437 et seq.); 20 (I) special district; 21 (J) school district; 22 (K) intrastate district; 23 (L) council of governments, whether or not 24 incorporated as a nonprofit corporation under 25 State law; and HEN20945 MMS S.L.C. 29 1 (M) agency or instrumentality of— 2 (i) multiple units of local government 3 (including units of local government lo- 4 cated in different States); or (ii) an intra-State unit of local gov- 5 6 ernment. 7 (15) MANDATORY.—The term ‘‘mandatory’’, 8 with respect to applicable government standards and 9 guidance, means the standards or regulations are 10 themselves enforceable by the issuing government 11 through criminal, civil, or administrative action. 12 13 (16) PERSONAL INJURY.—The term ‘‘personal injury’’ means— 14 (A) actual or potential physical injury to 15 an individual or death caused by a physical in- 16 jury; or 17 (B) mental suffering, emotional distress, or 18 similar injuries suffered by an individual in con- 19 nection with a physical injury. 20 (17) STATE.—The term ‘‘State’’— 21 (A) means any State of the United States, 22 the District of Columbia, the Commonwealth of 23 Puerto Rico, the Northern Mariana Islands, the 24 United States Virgin Islands, Guam, American 25 Samoa, and any other territory or possession of HEN20945 MMS S.L.C. 30 1 the United States, and any political subdivision 2 or instrumentality thereof; and 3 (B) includes any agency or instrumentality 4 of 2 or more of the entities described in sub- 5 paragraph (A). 6 (18) TRIBAL 7 (A) IN GOVERNMENT.— GENERAL.—The term ‘‘Tribal gov- 8 ernment’’ means the recognized governing body 9 of any Indian tribe included on the list pub- 10 lished by the Secretary of the Interior pursuant 11 to section 104(a) of the Federally Recognized 12 Indian Tribe List Act of 1994 (25 U.S.C. 13 5131(a)). 14 (B) INCLUSION.—The term ‘‘Tribal gov- 15 ernment’’ includes any subdivision (regardless 16 of the laws and regulations of the jurisdiction 17 in which the subdivision is organized or incor- 18 porated) of a governing body described in sub- 19 paragraph (A) that— 20 21 (i) is wholly owned by that governing body; and 22 (ii) has been delegated the right to ex- 23 ercise 1 or more substantial governmental 24 functions of the governing body. HEN20945 MMS S.L.C. 31 (19) WILLFUL 1 MISCONDUCT.—The term ‘‘will- 2 ful misconduct’’ means an act or omission that is 3 taken— (A) intentionally to achieve a wrongful 4 purpose; 5 (B) knowingly without legal or factual jus- 6 tification; and 7 8 (C) in disregard of a known or obvious risk 9 that is so great as to make it highly probable 10 that the harm will outweigh the benefit. 11 Subtitle A—Liability Relief 12 PART I—LIABILITY LIMITATIONS FOR INDIVID13 UALS AND ENTITIES ENGAGED IN BUSI- 14 NESSES, SERVICES, ACTIVITIES, OR ACCOM- 15 MODATIONS 16 17 18 19 20 SEC. 2121. APPLICATION OF PART. (a) CAUSE OF ACTION; TRIBAL SOVEREIGN IMMU- NITY.— (1) CAUSE OF ACTION.— (A) IN GENERAL.—This part creates an 21 exclusive cause of action for coronavirus expo- 22 sure actions. 23 (B) LIABILITY.—A plaintiff may prevail in 24 a coronavirus exposure action only in accord- 25 ance with the requirements of this subtitle. HEN20945 MMS S.L.C. 32 1 2 (C) APPLICATION.—The provisions of this part shall apply to— 3 (i) any cause of action that is a 4 coronavirus exposure action that was filed 5 before the date of enactment of this Act 6 and that is pending on such date of enact- 7 ment; and (ii) any coronavirus exposure action 8 9 10 filed on or after such date of enactment. (2) PRESERVATION OF LIABILITY LIMITS AND 11 DEFENSES.—Except as otherwise explicitly provided 12 in this part, nothing in this part expands any liabil- 13 ity otherwise imposed or limits any defense other- 14 wise available under Federal, State, or Tribal law. 15 (3) IMMUNITY.—Nothing in this part abrogates 16 the immunity of any State, or waives the immunity 17 of any Tribal government. The limitations on liabil- 18 ity provided under this part shall control in any ac- 19 tion properly filed against a State or Tribal govern- 20 ment pursuant to a duly executed waiver by the 21 State or Tribe of sovereign immunity and stating 22 claims within the scope of this part. 23 (b) PREEMPTION AND SUPERSEDURE.— 24 25 (1) IN GENERAL.—Except as described in para- graphs (2) through (6), this part preempts and su- HEN20945 MMS S.L.C. 33 1 persedes any Federal, State, or Tribal law, including 2 statutes, regulations, rules, orders, proclamations, or 3 standards that are enacted, promulgated, or estab- 4 lished under common law, related to recovery for 5 personal injuries caused by actual, alleged, feared, or 6 potential for exposure to coronavirus. 7 (2) STRICTER LAWS NOT PREEMPTED OR SU- 8 PERSEDED.—Nothing 9 to affect the applicability of any provision of any 10 Federal, State, or Tribal law that imposes stricter 11 limits on damages or liabilities for personal injury 12 caused by, arising out of, or related to an actual, al- 13 leged, 14 coronavirus, or otherwise affords greater protection 15 to defendants in any coronavirus exposure action, 16 than are provided in this part. Any such provision 17 of Federal, State, or Tribal law shall be applied in 18 addition to the requirements of this part and not in 19 lieu thereof. 20 feared, or (3) WORKERS’ in this part shall be construed potential for exposure to COMPENSATION LAWS NOT PRE- 21 EMPTED OR SUPERSEDED.—Nothing in this part 22 shall be construed to affect the applicability of any 23 State or Tribal law providing for a claim for benefits 24 under a workers’ compensation scheme or program, HEN20945 MMS S.L.C. 34 1 or to preempt or supersede an exclusive remedy 2 under such scheme or program. 3 (4) ENFORCEMENT ACTIONS.—Nothing in this 4 part shall be construed to impair, limit, or affect the 5 authority of the Federal Government, or of any 6 State, local, or Tribal government, to bring any 7 criminal, civil, or administrative enforcement action 8 against any individual or entity. 9 (5) DISCRIMINATION CLAIMS.—Nothing in this 10 part shall be construed to affect the applicability of 11 any provision of any Federal, State, or Tribal law 12 that creates a cause of action for intentional dis- 13 crimination on the basis of race, color, national ori- 14 gin, religion, sex (including pregnancy), disability, 15 genetic information, or age. 16 (6) MAINTENANCE AND CURE.—Nothing in this 17 part shall be construed to affect a seaman’s right to 18 claim maintenance and cure benefits. 19 (c) STATUTE OF LIMITATIONS.—A coronavirus expo- 20 sure action may not be commenced in any Federal, State, 21 or Tribal government court later than 1 year after the 22 date of the actual, alleged, feared, or potential for expo23 sure to coronavirus. HEN20945 MMS S.L.C. 35 1 SEC. 2122. LIABILITY; SAFE HARBOR. (a) REQUIREMENTS 2 3 TO FOR LIABILITY FOR EXPOSURE CORONAVIRUS.—Notwithstanding any other provision 4 of law, and except as otherwise provided in this section, 5 no individual or entity engaged in businesses, services, ac6 tivities, or accommodations shall be liable in any 7 coronavirus exposure action unless the plaintiff can prove 8 by clear and convincing evidence that— 9 (1) in engaging in the businesses, services, ac- 10 tivities, or accommodations, the individual or entity 11 was not making reasonable efforts in light of all the 12 circumstances to comply with the applicable govern- 13 ment standards and guidance in effect at the time 14 of the actual, alleged, feared, or potential for expo- 15 sure to coronavirus; 16 (2) the individual or entity engaged in gross 17 negligence or willful misconduct that caused an ac- 18 tual exposure to coronavirus; and 19 (3) the actual exposure to coronavirus caused 20 the personal injury of the plaintiff. 21 (b) REASONABLE EFFORTS TO COMPLY.— 22 23 24 (1) CONFLICTING APPLICABLE GOVERNMENT STANDARDS AND GUIDANCE.— (A) IN GENERAL.—If more than 1 govern- 25 ment to whose jurisdiction an individual or enti- 26 ty is subject issues applicable government HEN20945 MMS S.L.C. 36 1 standards and guidance, and the applicable gov- 2 ernment standards and guidance issued by 1 or 3 more of the governments conflicts with the ap- 4 plicable government standards and guidance 5 issued by 1 or more of the other governments, 6 the individual or entity shall be considered to 7 have made reasonable efforts in light of all the 8 circumstances to comply with the applicable 9 government standards and guidance for pur- 10 poses of subsection (a)(1) unless the plaintiff 11 establishes by clear and convincing evidence 12 that the individual or entity was not making 13 reasonable efforts in light of all the cir- 14 cumstances to comply with any of the con- 15 flicting applicable government standards and 16 guidance issued by any government to whose ju- 17 risdiction the individual or entity is subject. 18 (B) EXCEPTION.—If mandatory standards 19 and regulations constituting applicable govern- 20 ment standards and guidance issued by any 21 government with jurisdiction over the individual 22 or entity conflict with applicable government 23 standards and guidance that are not mandatory 24 and are issued by any other government with 25 jurisdiction over the individual or entity or by HEN20945 MMS S.L.C. 37 1 the same government that issued the mandatory 2 standards and regulations, the plaintiff may es- 3 tablish that the individual or entity did not 4 make reasonable efforts in light of all the cir- 5 cumstances to comply with the applicable gov- 6 ernment standards and guidance for purposes 7 of subsection (a)(1) by establishing by clear and 8 convincing evidence that the individual or entity 9 was not making reasonable efforts in light of all 10 the circumstances to comply with the manda- 11 tory standards and regulations to which the in- 12 dividual or entity was subject. 13 (2) WRITTEN 14 (A) IN OR PUBLISHED POLICY.— GENERAL.—If an individual or enti- 15 ty engaged in businesses, services, activities, or 16 accommodations maintained a written or pub- 17 lished policy on the mitigation of transmission 18 of coronavirus at the time of the actual, alleged, 19 feared, or potential for exposure to coronavirus 20 that complied with, or was more protective 21 than, the applicable government standards and 22 guidance to which the individual or entity was 23 subject, the individual or entity shall be pre- 24 sumed to have made reasonable efforts in light 25 of all the circumstances to comply with the ap- HEN20945 MMS S.L.C. 38 1 plicable government standards and guidance for 2 purposes of subsection (a)(1). 3 (B) REBUTTAL.—The plaintiff may rebut 4 the presumption under subparagraph (A) by es- 5 tablishing that the individual or entity was not 6 complying with the written or published policy 7 at the time of the actual, alleged, feared, or po- 8 tential for exposure to coronavirus. (C) ABSENCE 9 OF A WRITTEN OR PUB- 10 LISHED POLICY.—The 11 published policy shall not give rise to a pre- 12 sumption that the individual or entity did not 13 make reasonable efforts in light of all the cir- 14 cumstances to comply with the applicable gov- 15 ernment standards and guidance for purposes 16 of subsection (a)(1). 17 (3) TIMING.—For absence of a written or purposes of subsection 18 (a)(1), a change to a policy or practice by an indi- 19 vidual or entity before or after the actual, alleged, 20 feared, or potential for exposure to coronavirus, shall 21 not be evidence of liability for the actual, alleged, 22 feared, or potential for exposure to coronavirus. 23 (c) THIRD PARTIES.—No individual or entity shall be 24 held liable in a coronavirus exposure action for the acts 25 or omissions of a third party, unless— HEN20945 MMS S.L.C. 39 1 (1) the individual or entity had an obligation 2 under general common law principles to control the 3 acts or omissions of the third party; or 4 (2) the third party was an agent of the indi- 5 vidual or entity. 6 (d) MITIGATION.—Changes to the policies, practices, 7 or procedures of an individual or entity for complying with 8 the applicable government standards and guidance after 9 the time of the actual, alleged, feared, or potential for ex10 posure to coronavirus, shall not be considered evidence of 11 liability or culpability. 12 PART II—LIABILITY LIMITATIONS FOR HEALTH 13 CARE PROVIDERS 14 SEC. 2141. APPLICATION OF PART. 15 (a) IN GENERAL.— 16 (1) CAUSE 17 OF ACTION.— (A) IN GENERAL.—This part creates an 18 exclusive cause of action for coronavirus-related 19 medical liability actions. 20 (B) LIABILITY.—A plaintiff may prevail in 21 a coronavirus-related medical liability action 22 only in accordance with the requirements of this 23 subtitle. 24 25 (C) APPLICATION.—The provisions of this part shall apply to— HEN20945 MMS S.L.C. 40 1 (i) any cause of action that is a 2 coronavirus-related medical liability action 3 that was filed before the date of enactment 4 of this Act and that is pending on such 5 date of enactment; and 6 (ii) any coronavirus-related medical li- 7 ability action filed on or after such date of 8 enactment. 9 (2) PRESERVATION OF LIABILITY LIMITS AND 10 DEFENSES.—Except as otherwise explicitly provided 11 in this part, nothing in this part expands any liabil- 12 ity otherwise imposed or limits any defense other- 13 wise available under Federal, State, or Tribal law. 14 (3) IMMUNITY.—Nothing in this part abrogates 15 the immunity of any State, or waives the immunity 16 of any Tribal government. The limitations on liabil- 17 ity provided under this part shall control in any ac- 18 tion properly filed against a State or Tribal govern- 19 ment pursuant to a duly executed waiver by the 20 State or Tribe of sovereign immunity and stating 21 claims within the scope of this part. 22 (b) PREEMPTION AND SUPERSEDURE.— 23 (1) IN GENERAL.—Except as described in para- 24 graphs (2) through (6), this part preempts and su- 25 persedes any Federal, State, or Tribal law, including HEN20945 MMS S.L.C. 41 1 statutes, regulations, rules, orders, proclamations, or 2 standards that are enacted, promulgated, or estab- 3 lished under common law, related to recovery for 4 personal injuries caused by, arising out of, or related 5 to an act or omission by a health care provider in 6 the course of arranging for or providing coronavirus- 7 related health care services. 8 9 (2) STRICTER LAWS NOT PREEMPTED OR SU- PERSEDED.—Nothing in this part shall be construed 10 to affect the applicability of any provision of any 11 Federal, State, or Tribal law that imposes stricter 12 limits on damages or liabilities for personal injury 13 caused by, arising out of, or related to an act or 14 omission by a health care provider in the course of 15 arranging for or providing coronavirus-related health 16 care services, or otherwise affords greater protection 17 to defendants in any coronavirus-related medical li- 18 ability action than are provided in this part. Any 19 such provision of Federal, State, or Tribal law shall 20 be applied in addition to the requirements of this 21 part and not in lieu thereof. 22 (3) ENFORCEMENT ACTIONS.—Nothing in this 23 part shall be construed to impair, limit, or affect the 24 authority of the Federal Government, or of any 25 State, local, or Tribal government to bring any HEN20945 MMS S.L.C. 42 1 criminal, civil, or administrative enforcement action 2 against any health care provider. 3 (4) DISCRIMINATION CLAIMS.—Nothing in this 4 part shall be construed to affect the applicability of 5 any provision of any Federal, State, or Tribal law 6 that creates a cause of action for intentional dis- 7 crimination on the basis of race, color, national ori- 8 gin, religion, sex (including pregnancy), disability, 9 genetic information, or age. 10 (5) PUBLIC READINESS AND EMERGENCY PRE- 11 PAREDNESS.—Nothing 12 strued to affect the applicability of section 319F–3 13 of the Public Health Service Act (42 U.S.C. 247d– 14 6d) to any act or omission involving a covered coun- 15 termeasure, as defined in subsection (i) of such sec- 16 tion in arranging for or providing coronavirus-re- 17 lated health care services. Nothing in this part shall 18 be construed to affect the applicability of section 19 319F–4 of the Public Health Service Act (42 U.S.C. 20 247d–6e). 21 (6) VACCINE in this part shall be con- INJURY.—To the extent that title 22 XXI of the Public Health Service Act (42 U.S.C. 23 300aa–1 et seq.) establishes a Federal rule applica- 24 ble to a civil action brought for a vaccine-related in- HEN20945 MMS S.L.C. 43 1 jury or death, this part does not affect the applica- 2 tion of that rule to such an action. 3 (c) STATUTE OF LIMITATIONS.—A coronavirus-re- 4 lated medical liability action may not be commenced in 5 any Federal, State, or Tribal government court later than 6 1 year after the date of the alleged harm, damage, breach, 7 or tort, unless tolled for— 8 (1) proof of fraud; 9 (2) intentional concealment; or 10 (3) the presence of a foreign body, which has no 11 therapeutic or diagnostic purpose or effect, in the 12 person of the injured person. 13 SEC. 2142. LIABILITY FOR HEALTH CARE PROFESSIONALS 14 AND 15 CORONAVIRUS PUBLIC HEALTH EMERGENCY. 16 (a) HEALTH REQUIREMENTS CARE FOR FACILITIES LIABILITY DURING FOR 17 CORONAVIRUS-RELATED HEALTH CARE SERVICES.—Not18 withstanding any other provision of law, and except as 19 provided in subsection (b), no health care provider shall 20 be liable in a coronavirus-related medical liability action 21 unless the plaintiff can prove by clear and convincing evi22 dence— 23 24 (1) gross negligence or willful misconduct by the health care provider; and HEN20945 MMS S.L.C. 44 1 (2) that the alleged harm, damage, breach, or 2 tort resulting in the personal injury was directly 3 caused by the alleged gross negligence or willful mis- 4 conduct. 5 (b) EXCEPTIONS.—For purposes of this section, acts, 6 omissions, or decisions resulting from a resource or staff7 ing shortage shall not be considered willful misconduct or 8 gross negligence. 9 PART III—SUBSTANTIVE AND PROCEDURAL PRO10 VISIONS FOR CORONAVIRUS-RELATED AC- 11 TIONS GENERALLY 12 13 SEC. 2161. JURISDICTION. (a) JURISDICTION.—The district courts of the United 14 States shall have concurrent original jurisdiction of any 15 coronavirus-related action. 16 (b) REMOVAL.— 17 (1) IN GENERAL.—A coronavirus-related action 18 of which the district courts of the United States 19 have original jurisdiction under subsection (a) that 20 is brought in a State or Tribal government court 21 may be removed to a district court of the United 22 States in accordance with section 1446 of title 28, 23 United States Code, except that— 24 (A) notwithstanding subsection (b)(2)(A) 25 of such section, such action may be removed by HEN20945 MMS S.L.C. 45 1 any defendant without the consent of all de- 2 fendants; and 3 (B) notwithstanding subsection (b)(1) of 4 such section, for any cause of action that is a 5 coronavirus-related action that was filed in a 6 State court before the date of enactment of this 7 Act and that is pending in such court on such 8 date of enactment, and of which the district 9 courts of the United States have original juris- 10 diction under subsection (a), any defendant 11 may file a notice of removal of a civil action or 12 proceeding within 30 days of the date of enact- 13 ment of this Act. 14 (2) PROCEDURE AFTER REMOVAL.—Section 15 1447 of title 28, United States Code, shall apply to 16 any removal of a case under paragraph (1), except 17 that, notwithstanding subsection (d) of such section, 18 a court of appeals of the United States shall accept 19 an appeal from an order of a district court granting 20 or denying a motion to remand the case to the State 21 or Tribal government court from which it was re- 22 moved if application is made to the court of appeals 23 of the United States not later than 10 days after the 24 entry of the order. HEN20945 MMS S.L.C. 46 1 2 3 SEC. 2162. LIMITATIONS ON SUITS. (a) JOINT AND (1) IN SEVERAL LIABILITY LIMITATIONS.— GENERAL.—An individual or entity 4 against whom a final judgment is entered in any 5 coronavirus-related action shall be liable solely for 6 the portion of the judgment that corresponds to the 7 relative and proportionate responsibility of that indi- 8 vidual or entity. In determining the percentage of re- 9 sponsibility of any defendant, the trier of fact shall 10 determine that percentage as a percentage of the 11 total fault of all individuals or entities, including the 12 plaintiff, who caused or contributed to the total loss 13 incurred by the plaintiff. 14 (2) PROPORTIONATE LIABILITY.— 15 (A) DETERMINATION 16 BILITY.—In 17 court shall instruct the jury to answer special 18 interrogatories, or, if there is no jury, the court 19 shall make findings with respect to each defend- 20 ant, including defendants who have entered into 21 settlements with the plaintiff or plaintiffs, con- 22 cerning the percentage of responsibility, if any, 23 of each defendant, measured as a percentage of 24 the total fault of all individuals or entities who 25 caused or contributed to the loss incurred by 26 the plaintiff. OF RESPONSI- any coronavirus-related action, the HEN20945 MMS S.L.C. 47 (B) FACTORS 1 FOR CONSIDERATION.—In 2 determining the percentage of responsibility 3 under this subsection, the trier of fact shall 4 consider— 5 (i) the nature of the conduct of each 6 individual or entity found to have caused 7 or contributed to the loss incurred by the 8 plaintiff; and 9 (ii) the nature and extent of the caus- 10 al relationship between the conduct of each 11 such individual or entity and the damages 12 incurred by the plaintiff. 13 (3) JOINT LIABILITY FOR SPECIFIC INTENT OR 14 FRAUD.—Notwithstanding 15 coronavirus-related action the liability of a defendant 16 is joint and several if the trier of fact specifically de- 17 termines that the defendant— (A) acted with specific intent to injure the 18 19 plaintiff; or (B) knowingly committed fraud. 20 21 paragraph (1), in any (4) RIGHT TO CONTRIBUTION NOT AF- 22 FECTED.—Nothing in this subsection affects the 23 right, under any other law, of a defendant to con- 24 tribution with respect to another defendant deter- 25 mined under paragraph (3) to have acted with spe- HEN20945 MMS S.L.C. 48 1 cific intent to injure the plaintiff or to have know- 2 ingly committed fraud. 3 (b) LIMITATIONS ON DAMAGES.—In any coronavirus- 4 related action— 5 (1) the award of compensatory damages shall 6 be limited to economic losses incurred as the result 7 of the personal injury, harm, damage, breach, or 8 tort, except that the court may award damages for 9 noneconomic losses if the trier of fact determines 10 that the personal injury, harm, damage, breach, or 11 tort was caused by the willful misconduct of the in- 12 dividual or entity; 13 (2) punitive damages— 14 (A) may be awarded only if the trier of 15 fact determines that the personal injury to the 16 plaintiff was caused by the willful misconduct of 17 the individual or entity; and 18 (B) may not exceed the amount of compen- 19 satory damages awarded; and 20 (3) the amount of monetary damages awarded 21 to a plaintiff shall be reduced by the amount of com- 22 pensation received by the plaintiff from another 23 source in connection with the personal injury, harm, 24 damage, breach, or tort, such as insurance or reim- 25 bursement by a government. HEN20945 MMS S.L.C. 49 1 2 (c) PREEMPTION AND SUPERSEDURE.— (1) IN GENERAL.—Except as described in para- 3 graphs (2) and (3), this section preempts and super- 4 sedes any Federal, State, or Tribal law, including 5 statutes, regulations, rules, orders, proclamations, or 6 standards that are enacted, promulgated, or estab- 7 lished under common law, related to joint and sev- 8 eral liability, proportionate or contributory liability, 9 contribution, or the award of damages for any 10 11 coronavirus-related action. (2) STRICTER LAWS NOT PREEMPTED OR SU- 12 PERSEDED.—Nothing in this section shall be con- 13 strued to affect the applicability of any provision of 14 any Federal, State, or Tribal law that— 15 (A) limits the liability of a defendant in a 16 coronavirus-related action to a lesser degree of 17 liability than the degree of liability determined 18 under this section; 19 (B) otherwise affords a greater degree of 20 protection from joint or several liability than is 21 afforded by this section; or 22 (C) limits the damages that can be recov- 23 ered from a defendant in a coronavirus-related 24 action to a lesser amount of damages than the 25 amount determined under this section. HEN20945 MMS S.L.C. 50 1 (3) PUBLIC READINESS AND EMERGENCY PRE- 2 PAREDNESS.—Nothing 3 strued to affect the applicability of section 319F–3 4 of the Public Health Service Act (42 U.S.C. 247d– 5 6d) to any act or omission involving a covered coun- 6 termeasure, as defined in subsection (i) of such sec- 7 tion in arranging for or providing coronavirus-re- 8 lated health care services. Nothing in this part shall 9 be construed to affect the applicability of section 10 319F–4 of the Public Health Service Act (42 U.S.C. 11 247d–6e). 12 SEC. 2163. PROCEDURES FOR SUIT IN DISTRICT COURTS OF 13 14 in this part shall be con- THE UNITED STATES. (a) PLEADING WITH PARTICULARITY.—In any 15 coronavirus-related action filed in or removed to a district 16 court of the United States— 17 18 (1) the complaint shall plead with particularity— (A) each element of the plaintiff’s claim; 19 20 and 21 (B) with respect to a coronavirus exposure 22 action, all places and persons visited by the per- 23 son on whose behalf the complaint was filed and 24 all persons who visited the residence of the per- 25 son on whose behalf the complaint was filed HEN20945 MMS S.L.C. 51 1 during the 14-day-period before the onset of the 2 first symptoms allegedly caused by coronavirus, 3 including— 4 (i) each individual or entity against 5 which a complaint is filed, along with the 6 factual basis for the belief that such indi- 7 vidual or entity was a cause of the per- 8 sonal injury alleged; and 9 (ii) every other person or place visited 10 by the person on whose behalf the com- 11 plaint was filed and every other person 12 who visited the residence of the person on 13 whose behalf the complaint was filed dur- 14 ing such period, along with the factual 15 basis for the belief that these persons and 16 places were not the cause of the personal 17 injury alleged; and 18 (2) the complaint shall plead with particularity 19 each alleged act or omission constituting gross neg- 20 ligence or willful misconduct that resulted in per- 21 sonal injury, harm, damage, breach, or tort. 22 (b) SEPARATE STATEMENTS CONCERNING 23 TURE AND 24 OF AMOUNT MIND.— OF DAMAGES AND THE NA- REQUIRED STATE HEN20945 MMS S.L.C. 52 (1) NATURE 1 AND AMOUNT OF DAMAGES.—In 2 any coronavirus-related action filed in or removed to 3 a district court of the United States in which mone- 4 tary damages are requested, there shall be filed with 5 the complaint a statement of specific information as 6 to the nature and amount of each element of dam- 7 ages and the factual basis for the damages calcula- 8 tion. 9 (2) REQUIRED STATE OF MIND.—In any 10 coronavirus-related action filed in or removed to a 11 district court of the United States in which a claim 12 is asserted on which the plaintiff may prevail only on 13 proof that the defendant acted with a particular 14 state of mind, there shall be filed with the com- 15 plaint, with respect to each element of that claim, a 16 statement of the facts giving rise to a strong infer- 17 ence that the defendant acted with the required 18 state of mind. 19 (c) VERIFICATION AND MEDICAL RECORDS.— 20 (1) VERIFICATION 21 (A) IN REQUIREMENT.— GENERAL.—The complaint in a 22 coronavirus-related action filed in or removed to 23 a district court of the United States shall in- 24 clude a verification, made by affidavit of the 25 plaintiff under oath, stating that the pleading is HEN20945 MMS S.L.C. 53 1 true to the knowledge of the deponent, except 2 as to matters specifically identified as being al- 3 leged on information and belief, and that as to 4 those matters the plaintiff believes it to be true. (B) IDENTIFICATION 5 OF MATTERS AL- 6 LEGED UPON INFORMATION AND BELIEF.—Any 7 matter that is not specifically identified as 8 being alleged upon the information and belief of 9 the plaintiff, shall be regarded for all purposes, 10 including a criminal prosecution, as having been 11 made upon the knowledge of the plaintiff. 12 (2) MATERIALS REQUIRED.—In any 13 coronavirus-related action filed in or removed to a 14 district court of the United States, the plaintiff shall 15 file with the complaint— 16 (A) an affidavit by a physician or other 17 qualified medical expert who did not treat the 18 person on whose behalf the complaint was filed 19 that explains the basis for such physician’s or 20 other qualified medical expert’s belief that such 21 person suffered the personal injury, harm, dam- 22 age, breach, or tort alleged in the complaint; 23 and HEN20945 MMS S.L.C. 54 1 (B) certified medical records documenting 2 the alleged personal injury, harm, damage, 3 breach, or tort. 4 (d) APPLICATION WITH FEDERAL RULES OF CIVIL 5 PROCEDURE.—This section applies exclusively to any 6 coronavirus-related action filed in or removed to a district 7 court of the United States and, except to the extent that 8 this section requires additional information to be con9 tained in or attached to pleadings, nothing in this section 10 is intended to amend or otherwise supersede applicable 11 rules of Federal civil procedure. 12 (e) CIVIL DISCOVERY FOR ACTIONS IN DISTRICT 13 COURTS OF THE UNITED STATES.— 14 (1) TIMING.—Notwithstanding any other provi- 15 sion of law, in any coronavirus-related action filed in 16 or removed to a district court of the United States, 17 no discovery shall be allowed before— 18 19 20 (A) the time has expired for the defendant to answer or file a motion to dismiss; and (B) if a motion to dismiss is filed, the 21 court has ruled on the motion. 22 (2) STANDARD.—Notwithstanding any other 23 provision of law, the court in any coronavirus-related 24 action that is filed in or removed to a district court 25 of the United States— HEN20945 MMS S.L.C. 55 1 (A) shall permit discovery only with re- 2 spect to matters directly related to material 3 issues contested in the coronavirus-related ac- 4 tion; and 5 (B) may compel a response to a discovery 6 request (including a request for admission, an 7 interrogatory, a request for production of docu- 8 ments, or any other form of discovery request) 9 under rule 37 of the Federal Rules of Civil Pro- 10 cedure, only if the court finds that— 11 (i) the requesting party needs the in- 12 formation sought to prove or defend as to 13 a material issue contested in such action; 14 and 15 (ii) the likely benefits of a response to 16 such request equal or exceed the burden or 17 cost for the responding party of providing 18 such response. 19 20 (f) INTERLOCUTORY APPEAL COVERY.—The AND STAY OF DIS- courts of appeals of the United States shall 21 have jurisdiction of an appeal from a motion to dismiss 22 that is denied in any coronavirus-related action in a dis23 trict court of the United States. The district court shall 24 stay all discovery in such a coronavirus-related action until 25 the court of appeals has disposed of the appeal. HEN20945 MMS S.L.C. 56 (g) CLASS ACTIONS 1 2 3 TION AND MULTIDISTRICT LITIGA- PROCEEDINGS.— (1) CLASS ACTIONS.—In any coronavirus-re- 4 lated action that is filed in or removed to a district 5 court of the United States and is maintained as a 6 class action or multidistrict litigation— 7 (A) an individual or entity shall only be a 8 member of the class if the individual or entity 9 affirmatively elects to be a member; and 10 (B) the court, in addition to any other no- 11 tice required by applicable Federal or State law, 12 shall direct notice of the action to each member 13 of the class, which shall include— 14 15 16 17 18 19 (i) a concise and clear description of the nature of the action; (ii) the jurisdiction where the case is pending; and (iii) the fee arrangements with class counsel, including— (I) the hourly fee being charged; 20 21 or 22 (II) if it is a contingency fee, the 23 percentage of the final award which 24 will be paid, including an estimate of 25 the total amount that would be paid if HEN20945 MMS S.L.C. 57 1 the requested damages were to be 2 granted; and 3 (III) if the cost of the litigation 4 is being financed, a description of the 5 financing arrangement. 6 (2) MULTIDISTRICT 7 (A) TRIAL LITIGATIONS.— PROHIBITION.—In any coordi- 8 nated or consolidated pretrial proceedings con- 9 ducted pursuant to section 1407(b) of title 28, 10 United States Code, the judge or judges to 11 whom coronavirus-related actions are assigned 12 by the Judicial Panel on Multidistrict Litigation 13 may not conduct a trial in a coronavirus-related 14 action transferred to or directly filed in the pro- 15 ceedings unless all parties to that coronavirus- 16 related action consent. 17 (B) REVIEW OF ORDERS.—The court of 18 appeals of the United States having jurisdiction 19 over the transferee district court shall permit 20 an appeal to be taken from any order issued in 21 the conduct of coordinated or consolidated pre- 22 trial proceedings conducted pursuant to section 23 1407(b) of title 28, United States Code, if the 24 order is applicable to 1 or more coronavirus-re- 25 lated actions and an immediate appeal from the HEN20945 MMS S.L.C. 58 1 order may materially advance the ultimate ter- 2 mination of 1 or more coronavirus-related ac- 3 tions in the proceedings. 4 5 SEC. 2164. DEMAND LETTERS; CAUSE OF ACTION. (a) CAUSE OF ACTION.—If any person transmits or 6 causes another to transmit in any form and by any means 7 a demand for remuneration in exchange for settling, re8 leasing, waiving, or otherwise not pursuing a claim that 9 is, or could be, brought as part of a coronavirus-related 10 action, the party receiving such a demand shall have a 11 cause of action for the recovery of damages occasioned by 12 such demand and for declaratory judgment in accordance 13 with chapter 151 of title 28, United States Code, if the 14 claim for which the letter was transmitted was meritless. 15 (b) DAMAGES.—Damages available under subsection 16 (a) shall include— 17 18 (1) compensatory damages including costs incurred in responding to the demand; and 19 (2) punitive damages, if the court determines 20 that the defendant had knowledge or was reckless 21 with regard to the fact that the claim was meritless. 22 (c) ATTORNEY’S FEES AND COSTS.—In an action 23 commenced under subsection (a), if the plaintiff is a pre24 vailing party, the court shall, in addition to any judgment HEN20945 MMS S.L.C. 59 1 awarded to a plaintiff, allow a reasonable attorney’s fee 2 to be paid by the defendant, and costs of the action. 3 (d) JURISDICTION.—The district courts of the United 4 States shall have concurrent original jurisdiction of all 5 claims arising under subsection (a). 6 7 (e) ENFORCEMENT (1) IN BY THE ATTORNEY GENERAL.— GENERAL.—Whenever the Attorney Gen- 8 eral has reasonable cause to believe that any person 9 or group of persons is engaged in a pattern or prac- 10 tice of transmitting demands for remuneration in ex- 11 change for settling, releasing, waiving, or otherwise 12 not pursuing a claim that is, or could be, brought 13 as part of a coronavirus-related action and that is 14 meritless, the Attorney General may commence a 15 civil action in any appropriate district court of the 16 United States. 17 (2) RELIEF.—In a civil action under paragraph 18 (1), the court may, to vindicate the public interest, 19 assess a civil penalty against the respondent in an 20 amount not exceeding $50,000 per transmitted de- 21 mand for remuneration in exchange for settling, re- 22 leasing, waiving or otherwise not pursuing a claim 23 that is meritless. 24 25 (3) DISTRIBUTION OF CIVIL PENALTIES.—If the Attorney General obtains civil penalties in ac- HEN20945 MMS S.L.C. 60 1 cordance with paragraph (2), the Attorney General 2 shall distribute the proceeds equitably among those 3 persons aggrieved by the respondent’s pattern or 4 practice of transmitting demands for remuneration 5 in exchange for settling, releasing, waiving or other- 6 wise not pursuing a claim that is meritless. 7 PART IV—RELATION TO LABOR AND 8 EMPLOYMENT LAWS 9 SEC. 2181. LIMITATION ON VIOLATIONS UNDER SPECIFIC 10 11 LAWS. (a) IN GENERAL.— 12 (1) DEFINITION.—In this subsection, the term 13 ‘‘covered Federal employment law’’ means any of the 14 following: 15 (A) The Occupational Safety and Health 16 Act of 1970 (29 U.S.C. 651 et seq.) (including 17 any standard included in a State plan approved 18 under section 18 of such Act (29 U.S.C. 667)). 19 (B) The Fair Labor Standards Act of 20 21 22 1938 (29 U.S.C. 201 et seq.). (C) The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.). 23 (D) The Worker Adjustment and Retrain- 24 ing Notification Act (29 U.S.C. 2101 et seq.). HEN20945 MMS S.L.C. 61 1 2 (E) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). 3 (F) Title II of the Genetic Information 4 Nondiscrimination Act of 2008 (42 U.S.C. 5 2000ff et seq.). 6 (G) Title I of the Americans with Disabil- 7 ities Act of 1990 (42 U.S.C. 12111 et seq.). 8 (2) LIMITATION.—Notwithstanding any provi- 9 sion of a covered Federal employment law, in any 10 action, proceeding, or investigation resulting from or 11 related to an actual, alleged, feared, or potential for 12 exposure to coronavirus, or a change in working con- 13 ditions caused by a law, rule, declaration, or order 14 related to coronavirus, an employer shall not be sub- 15 ject to any enforcement proceeding or liability under 16 any provision of a covered Federal employment law 17 if the employer— 18 (A) was relying on and generally following 19 applicable government standards and guidance; 20 (B) knew of the obligation under the rel- 21 22 23 evant provision; and (C) attempted to satisfy any such obligation by— 24 (i) exploring options to comply with 25 such obligations and with the applicable HEN20945 MMS S.L.C. 62 1 government standards and guidance (such 2 as through the use of virtual training or 3 remote communication strategies); (ii) implementing interim alternative 4 5 protections or procedures; or 6 (iii) following guidance issued by the 7 relevant agency with jurisdiction with re- 8 spect to any exemptions from such obliga- 9 tion. 10 11 (b) PUBLIC ACCOMMODATION LAWS.— (1) DEFINITIONS.—In this subsection— 12 (A) the term ‘‘auxiliary aids and services’’ 13 has the meaning given the term in section 4 of 14 the Americans with Disabilities Act of 1990 (42 15 U.S.C. 12103); 16 17 (B) the term ‘‘covered public accommodation law’’ means— 18 (i) title III of the Americans with Dis- 19 abilities Act of 1990 (42 U.S.C. 12181 et 20 seq.); or 21 (ii) title II of the Civil Rights Act of 22 1964 (42 U.S.C. 2000a et seq.); 23 (C) the term ‘‘place of public accommoda- 24 tion’’ means— HEN20945 MMS S.L.C. 63 1 (i) a place of public accommodation, 2 as defined in section 201 of the Civil 3 Rights Act of 1964 (42 U.S.C. 2000a); or 4 (ii) a public accommodation, as de- 5 fined in section 301 of the Americans with 6 Disabilities 7 12181); and 8 (D) the term ‘‘public health emergency pe- 9 riod’’ means a period designated a public health 10 emergency period by a Federal, State, or local 11 government authority. 12 (2) ACTIONS 13 14 Act of 1990 (42 U.S.C. AND MEASURES DURING A PUBLIC HEALTH EMERGENCY.— (A) IN GENERAL.—Notwithstanding any 15 other provision of law or regulation, during any 16 public health emergency period, no person who 17 owns, leases (or leases to), or operates a place 18 of public accommodation shall be liable under, 19 or found in violation of, any covered public ac- 20 commodation law for any action or measure 21 taken regarding coronavirus and that place of 22 public accommodation, if such person— 23 (i) has determined that the significant 24 risk of substantial harm to public health or 25 the health of employees cannot be reduced HEN20945 MMS S.L.C. 64 1 or eliminated by reasonably modifying poli- 2 cies, practices, or procedures, or the provi- 3 sion of an auxiliary aid or service; or 4 (ii) has offered such a reasonable 5 modification or auxiliary aid or service but 6 such offer has been rejected by the indi- 7 vidual protected by the covered law. 8 (B) REQUIRED WAIVER PROHIBITED.—For 9 purposes of this subsection, no person who 10 owns, leases (or leases to), or operates a place 11 of public accommodation shall be required to 12 waive 13 ommendation that has been adopted in accord- 14 ance with a requirement or recommendation 15 issued by the Federal Government or any State 16 or local government with regard to coronavirus, 17 in order to offer such a reasonable modification 18 or auxiliary aids and services. 19 20 21 any measure, requirement, or rec- SEC. 2182. LIABILITY FOR CONDUCTING TESTING AT WORKPLACE. Notwithstanding any other provision of Federal, 22 State, or local law, an employer, or other person who hires 23 or contracts with other individuals to provide services, that 24 conducts tests for coronavirus on the employees of the em25 ployer or persons hired or contracted to provide services HEN20945 MMS S.L.C. 65 1 shall not be liable for any action or personal injury directly 2 resulting from such testing, except for those personal inju3 ries caused by the gross negligence or intentional mis4 conduct of the employer or other person. 5 6 7 SEC. 2183. JOINT EMPLOYMENT AND INDEPENDENT CONTRACTING. Notwithstanding any other provision of Federal or 8 State law, including any covered Federal employment law 9 (as defined in section 2181(a)), the Labor Management 10 Relations Act, 1947 (29 U.S.C. 141 et seq.), the Employ11 ment Retirement Income Security Act of 1974 (29 U.S.C. 12 1001 et seq.), and the Family and Medical Leave Act of 13 1993 (29 U.S.C. 2601 et seq.), it shall not constitute evi14 dence of a joint employment relationship or employment 15 relationship for any employer to provide or require, for 16 an employee of another employer or for an independent 17 contractor, any of the following: 18 19 20 21 22 23 24 (1) Coronavirus-related policies, procedures, or training. (2) Personal protective equipment or training for the use of such equipment. (3) Cleaning or disinfecting services or the means for such cleaning or disinfecting. (4) Workplace testing for coronavirus. HEN20945 MMS S.L.C. 66 1 (5) Temporary assistance due to coronavirus, 2 including financial assistance or other health and 3 safety benefits. 4 SEC. 2184. EXCLUSION OF CERTAIN NOTIFICATION RE- 5 QUIREMENTS AS A RESULT OF THE COVID–19 6 PUBLIC HEALTH EMERGENCY. 7 (a) DEFINITIONS.—Section 2(a) of the Worker Ad- 8 justment and Retraining Notification Act (29 U.S.C. 9 2101(a)) is amended— 10 (1) in paragraph (2), by adding before the 11 semicolon at the end the following: ‘‘and the shut- 12 down, if occurring during the covered period, is not 13 a result of the COVID–19 national emergency’’; 14 15 16 17 18 (2) in paragraph (3)— (A) in subparagraph (A), by striking ‘‘and’’ at the end; (B) in subparagraph (B), by adding ‘‘and’’ at the end; and 19 (C) by adding at the end the following: 20 ‘‘(C) if occurring during the covered pe- 21 riod, is not a result of the COVID–19 national 22 emergency;’’; 23 (3) in paragraph (7), by striking ‘‘and’’; 24 (4) in paragraph (8), by striking the period at 25 the end and inserting a semicolon; and HEN20945 MMS S.L.C. 67 1 (5) by adding at the end the following: 2 ‘‘(9) the term ‘covered period’ means the period 3 that— 4 ‘‘(A) begins on January 1, 2020; and 5 ‘‘(B) ends 90 days after the last date of 6 the COVID–19 national emergency; and 7 ‘‘(10) the term ‘COVID–19 national emergency’ 8 means the national emergency declared by the Presi- 9 dent under the National Emergencies Act (50 10 U.S.C. 1601 et seq.) with respect to the Coronavirus 11 Disease 2019 (COVID–19).’’. 12 (b) EXCLUSION FROM DEFINITION OF EMPLOYMENT 13 LOSS.—Section 2(b) of the Worker Adjustment and Re14 training Notification Act (29 U.S.C. 2101(b)) is amended 15 by adding at the end the following: 16 ‘‘(3) Notwithstanding subsection (a)(6), during 17 the covered period an employee may not be consid- 18 ered to have experienced an employment loss if the 19 termination, layoff exceeding 6 months, or reduction 20 in hours of work of more than 50 percent during 21 each month of any 6-month period involved is a re- 22 sult of the COVID–19 national emergency.’’. HEN20945 MMS S.L.C. 68 1 Subtitle B—Products 2 SEC. 2201. APPLICABILITY OF THE TARGETED LIABILITY 3 PROTECTIONS 4 DEMIC PRODUCTS AND SECURITY COUNTER- 5 MEASURES WITH RESPECT TO COVID–19. 6 FOR PANDEMIC AND EPI- (a) IN GENERAL.—Section 319F–3(i)(1) of the Pub- 7 lic Health Service Act (42 U.S.C. 247d–6d(i)(1)) is 8 amended— 9 10 11 12 13 (1) in subparagraph (C), by striking ‘‘; or’’ and inserting a semicolon; (2) in subparagraph (D), by striking the period and inserting ‘‘; or’’; and (3) by adding at the end the following: 14 ‘‘(E) a drug (as such term is defined in 15 section 201(g)(1) of the Federal Food, Drug, 16 and Cosmetic Act), biological product (including 17 a vaccine) (as such term is defined in section 18 351(i)), or device (as such term is defined in 19 section 201(h) of the Federal Food, Drug, and 20 Cosmetic Act) that— 21 ‘‘(i) is the subject of a notice of use 22 of enforcement discretion issued by the 23 Secretary if such drug, biological product, 24 or device is used— 25 ‘‘(I) when such notice is in effect; HEN20945 MMS S.L.C. 69 ‘‘(II) within the scope of such no- 1 tice; and 2 3 ‘‘(III) in compliance with other 4 applicable requirements of the Federal 5 Food, Drug, and Cosmetic Act that 6 are not the subject of such notice; 7 ‘‘(ii) in the case of a device, is exempt 8 from the requirement under section 510(k) 9 of the Federal Food, Drug, and Cosmetic Act; or 10 ‘‘(iii) in the case of a drug— 11 12 ‘‘(I) meets the requirements for 13 marketing under a final administra- 14 tive order under section 505G of the 15 Federal Food, Drug, and Cosmetic 16 Act; or 17 ‘‘(II) is marketed in accordance 18 with section 505G(a)(3) of such Act.’’. 19 (b) CLARIFYING MEANS OF DISTRIBUTION.—Section 20 319F–3(a)(5) of the Public Health Service Act (42 U.S.C. 21 247d–6d(a)(5)) is amended by inserting ‘‘by, or in part22 nership with, Federal, State, or local public health officials 23 or the private sector’’ after ‘‘distribution’’ the first place 24 it appears. HEN20945 MMS S.L.C. 70 1 (c) NO CHANGE TO ADMINISTRATIVE PROCEDURE 2 ACT APPLICATION TO ENFORCEMENT DISCRETION EXER3 CISE.—Section 319F–3 of the Public Health Service Act 4 (42 U.S.C. 247d–6d) is amended by adding at the end 5 the following: 6 ‘‘(j) RULE OF CONSTRUCTION.—Nothing in this sec- 7 tion shall be construed— 8 ‘‘(1) to require use of procedures described in 9 section 553 of title 5, United States Code, for a no- 10 tice of use of enforcement discretion for which such 11 procedures are not otherwise required; or 12 ‘‘(2) to affect whether such notice constitutes 13 final agency action within the meaning of section 14 704 of title 5, United States Code.’’. 15 16 17 Subtitle C—General Provisions SEC. 2301. SEVERABILITY. If any provision of this title, an amendment made by 18 this title, or the application of such a provision or amend19 ment to any person or circumstance is held to be unconsti20 tutional, the remaining provisions of and amendments 21 made by this title, as well as the application of such provi22 sion or amendment to any person other than the parties 23 to the action holding the provision or amendment to be 24 unconstitutional, or to any circumstances other than those 25 presented in such action, shall not be affected thereby. HEN20945 MMS S.L.C. 71 1 2 3 4 TITLE III—ASSISTANCE FOR AMERICAN FAMILIES SEC. 3001. SHORT TITLE. This title may be cited as the ‘‘Continued Financial 5 Relief to Americans Act of 2020’’. 6 SEC. 3002. EXTENSION OF THE FEDERAL PANDEMIC UNEM- 7 8 PLOYMENT COMPENSATION PROGRAM. (a) EXTENSION.—Section 2104(e)(2) of division A of 9 the CARES Act (15 U.S.C. 9023(e)(2)) is amended by 10 striking ‘‘July 31, 2020’’ and inserting ‘‘December 27, 11 2020’’. 12 (b) AMOUNT.— 13 (1) IN GENERAL.—Section 2104(b) of division 14 A of the CARES Act (15 U.S.C. 9023(b)) is amend- 15 ed— 16 (A) in paragraph (1)(B), by striking ‘‘of 17 $600’’ and inserting ‘‘equal to the amount spec- 18 ified in paragraph (3)’’; and 19 (B) by adding at the end the following new 20 paragraph: 21 ‘‘(3) AMOUNT OF FEDERAL PANDEMIC UNEM- 22 PLOYMENT COMPENSATION.—The amount specified 23 in this paragraph is the following amount: 24 ‘‘(A) For weeks of unemployment begin- 25 ning after the date on which an agreement is HEN20945 MMS S.L.C. 72 1 entered into under this section and ending on 2 or before July 31, 2020, $600. 3 ‘‘(B) For weeks of unemployment begin- 4 ning after the last week under subparagraph 5 (A) and ending on or before December 27, 6 2020, $300.’’. 7 (2) TECHNICAL AMENDMENT REGARDING AP- SHORT-TIME 8 PLICATION 9 GRAMS AND AGREEMENTS.—Section TO COMPENSATION PRO- 2104(i)(2) of 10 division A of the CARES Act (15 U.S.C. 9023(i)(2)) 11 is amended— (A) in subparagraph (C), by striking 12 ‘‘and’’ at the end; 13 (B) in subparagraph (D), by striking the 14 period at the end and inserting ‘‘; and’’; and 15 16 (C) by adding at the end the following: 17 ‘‘(E) short-time compensation under section 2108 or 2109.’’. 18 (c) EXTENSION 19 20 THE OF ENHANCED BENEFITS UNDER RAILROAD UNEMPLOYMENT INSURANCE ACT.—Sec- 21 tion 2(a)(5)(A) of the Railroad Unemployment Insurance 22 Act (45 U.S.C. 352(a)(5)(A)) is amended by inserting 23 after the first sentence the following new sentence: ‘‘Not24 withstanding paragraph (3), subsection (c)(1)(B), and any 25 other limitation on total benefits in this Act, for registra- HEN20945 MMS S.L.C. 73 1 tion periods beginning after July 31, 2020, but on or be2 fore December 27, 2020, a recovery benefit in the amount 3 of $600 shall be payable with respect to a qualified em4 ployee for a period in which the individual received unem5 ployment benefits under paragraph (1)(A).’’. 6 (d) EFFECTIVE DATE.—The amendments made by 7 this section shall take effect as if included in the enact8 ment of the CARES Act (15 U.S.C. 9001 note). 9 10 11 12 TITLE IV—SMALL BUSINESS PROGRAMS SEC. 4001. SMALL BUSINESS RECOVERY. (a) SHORT TITLE.—This section may be cited as the 13 ‘‘Continuing the Paycheck Protection Program Act’’. 14 15 (b) DEFINITIONS.—In this section: (1) ADMINISTRATION; ADMINISTRATOR.—The 16 terms ‘‘Administration’’ and ‘‘Administrator’’ mean 17 the Small Business Administration and the Adminis- 18 trator thereof, respectively. 19 (2) SMALL BUSINESS CONCERN.—The term 20 ‘‘small business concern’’ has the meaning given the 21 term in section 3 of the Small Business Act (15 22 U.S.C. 632). 23 (c) EMERGENCY RULEMAKING AUTHORITY.— Not 24 later than 30 days after the date of enactment of this Act, 25 the Administrator shall issue regulations to carry out this HEN20945 MMS S.L.C. 74 1 section and the amendments made by this section without 2 regard to the notice requirements under section 553(b) of 3 title 5, United States Code. 4 5 (d) ADDITIONAL ELIGIBLE EXPENSES.— (1) ALLOWABLE USE OF PPP LOAN.—Section 6 7(a)(36)(F)(i) of the Small Business Act (15 U.S.C. 7 636(a)(36)(F)(i)) is amended— 8 9 (A) in subclause (VI), by striking ‘‘and’’ at the end; 10 (B) in subclause (VII), by striking the pe- 11 riod at the end and inserting a semicolon; and 12 (C) by adding at the end the following: 13 ‘‘(VIII) covered operations ex- 14 penditures, as defined in section 15 1106(a) of the CARES Act (15 16 U.S.C. 9005(a)); 17 ‘‘(IX) covered property damage 18 costs, as defined in such section 19 1106(a); 20 21 ‘‘(X) covered supplier costs, as defined in such section 1106(a); and 22 ‘‘(XI) covered worker protection 23 expenditures, as defined in such sec- 24 tion 1106(a).’’. HEN20945 MMS S.L.C. 75 1 2 (2) LOAN FORGIVENESS.—Section 1106 of the CARES Act (15 U.S.C. 9005) is amended— (A) in subsection (a)— 3 4 (i) by redesignating paragraphs (6), 5 (7), and (8) as paragraphs (10), (11), and 6 (12), respectively; (ii) by redesignating paragraph (5) as 7 paragraph (8); 8 (iii) by redesignating paragraph (4) as 9 paragraph (6); 10 (iv) by redesignating paragraph (3) as 11 paragraph (4); 12 (v) by inserting after paragraph (2) 13 the following: 14 15 ‘‘(3) the term ‘covered operations expenditure’ 16 means a payment for any business software or cloud 17 computing service that facilitates business oper- 18 ations, product or service delivery, the processing, 19 payment, or tracking of payroll expenses, human re- 20 sources, sales and billing functions, or accounting or 21 tracking of supplies, inventory, records and ex- 22 penses;’’; 23 24 (vi) by inserting after paragraph (4), as so redesignated, the following: HEN20945 MMS S.L.C. 76 1 ‘‘(5) the term ‘covered property damage cost’ 2 means a cost related to property damage and van- 3 dalism or looting due to public disturbances that oc- 4 curred during 2020 that was not covered by insur- 5 ance or other compensation;’’; (vii) by inserting after paragraph (6), 6 7 as so redesignated, the following: 8 ‘‘(5) the term ‘covered supplier cost’ means an 9 expenditure made by an entity to a supplier of goods 10 pursuant to a contract in effect before February 15, 11 2020 for the supply of goods that are essential to 12 the operations of the entity at the time at which the 13 expenditure is made;’’; (viii) by inserting after paragraph (8), 14 15 16 17 as so redesignated, the following: ‘‘(9) the term ‘covered worker protection expenditure’— 18 ‘‘(A) means an operating or a capital ex- 19 penditure that is required to facilitate the adap- 20 tation of the business activities of an entity to 21 comply with requirements established or guid- 22 ance issued by the Department of Health and 23 Human Services, the Centers for Disease Con- 24 trol, or the Occupational Safety and Health Ad- 25 ministration during the period beginning on HEN20945 MMS S.L.C. 77 1 March 1, 2020 and ending December 31, 2020 2 related to the maintenance of standards for 3 sanitation, social distancing, or any other work- 4 er or customer safety requirement related to 5 COVID–19; 6 ‘‘(B) may include— 7 ‘‘(i) the purchase, maintenance, or 8 renovation of assets that create or ex- 9 pand— 10 11 ‘‘(I) a drive-through window facility; 12 ‘‘(II) an indoor, outdoor, or com- 13 bined air or air pressure ventilation or 14 filtration system; 15 16 17 18 19 20 ‘‘(III) a physical barrier such as a sneeze guard; ‘‘(IV) an indoor, outdoor, or combined commercial real property; ‘‘(V) an onsite or offsite health screening capability; or 21 ‘‘(VI) other assets relating to the 22 compliance with the requirements or 23 guidance described in subparagraph 24 (A), as determined by the Adminis- 25 trator in consultation with the Sec- HEN20945 MMS S.L.C. 78 1 retary of Health and Human Services 2 and the Secretary of Labor; and 3 ‘‘(ii) the purchase of— 4 ‘‘(I) covered materials described 5 in section 328.103(a) of title 44, Code 6 of Federal Regulations, or any suc- 7 cessor regulation; 8 ‘‘(II) particulate filtering face- 9 piece respirators approved by the Na- 10 tional Institute for Occupational Safe- 11 ty and Health, including those ap- 12 proved only for emergency use author- 13 ization; or 14 ‘‘(III) other kinds of personal 15 protective equipment, as determined 16 by the Administrator in consultation 17 with the Secretary of Health and 18 Human Services and the Secretary of 19 Labor; and 20 21 22 23 24 25 ‘‘(C) does not include residential real property or intangible property;’’; and (ix) in paragraph (11), as so redesignated— (I) in subparagraph (C), by striking ‘‘and’’ at the end; HEN20945 MMS S.L.C. 79 (II) in subparagraph (D), by 1 striking ‘‘and’’ at the end; and 2 (III) by adding at the end the 3 following: 4 5 ‘‘(E) covered operations expenditures; 6 ‘‘(F) covered property damage costs; 7 ‘‘(G) covered supplier costs; and 8 ‘‘(H) covered worker protection expendi- 9 tures; and’’; (B) in subsection (b), by adding at the end 10 11 the following: 12 ‘‘(5) Any covered operations expenditure. 13 ‘‘(6) Any covered property damage cost. 14 ‘‘(7) Any covered supplier cost. 15 ‘‘(8) Any covered worker protection expendi- 16 ture.’’; 17 (C) in subsection (d)(8), by inserting ‘‘any 18 payment on any covered operations expenditure, 19 any payment on any covered property damage 20 cost, any payment on any covered supplier cost, 21 any payment on any covered worker protection 22 expenditure,’’ after ‘‘rent obligation,’’; and 23 (D) in subsection (e)— 24 (i) in paragraph (2), by inserting 25 ‘‘payments on covered operations expendi- HEN20945 MMS S.L.C. 80 1 tures, payments on covered property dam- 2 age costs, payments on covered supplier 3 costs, payments on covered worker protec- 4 tion expenditures,’’ after ‘‘lease obliga- 5 tions,’’; and 6 (ii) in paragraph (3)(B), by inserting 7 ‘‘make payments on covered operations ex- 8 penditures, make payments on covered 9 property damage costs, make payments on 10 covered supplier costs, make payments on 11 covered worker protection expenditures,’’ 12 after ‘‘rent obligation,’’. 13 (e) LENDER SAFE HARBOR.—Subsection (h) of sec- 14 tion 1106 of the CARES Act (15 U.S.C. 9005) is amended 15 to read as follows: 16 17 ‘‘(h) HOLD HARMLESS.— ‘‘(1) IN GENERAL.—A lender may rely on any 18 certification or documentation submitted by an ap- 19 plicant for a covered loan or an eligible recipient of 20 a covered loan that— 21 ‘‘(A) is submitted pursuant to any statu- 22 tory requirement relating to covered loans or 23 any rule or guidance issued to carry out any ac- 24 tion relating to covered loans; and HEN20945 MMS S.L.C. 81 1 ‘‘(B) attests that the applicant or eligible 2 recipient, as applicable, has accurately verified 3 any certification or documentation provided to 4 the lender. 5 ‘‘(2) NO ENFORCEMENT ACTION.—With respect 6 to a lender that relies on a certification or docu- 7 mentation described in paragraph (1)— 8 ‘‘(A) an enforcement action may not be 9 taken against the lender acting in good faith re- 10 lating to origination or forgiveness of a covered 11 loan based on such reliance; and 12 ‘‘(B) the lender acting in good faith shall 13 not be subject to any penalties relating to origi- 14 nation or forgiveness of a covered loan based on 15 such reliance.’’. 16 17 (f) SELECTION NESS.—Section OF COVERED PERIOD FOR FORGIVE- 1106 of the CARES Act (15 U.S.C. 9005) 18 is amended— 19 (1) by amending paragraph (4) of subsection 20 (a), as so redesignated by subsection (d) of this sec- 21 tion, to read as follows: 22 23 24 25 ‘‘(4) the term ‘covered period’ means the period— ‘‘(A) beginning on the date of the origination of a covered loan; and HEN20945 MMS S.L.C. 82 1 ‘‘(B) ending on a date selected by the eligi- 2 ble recipient of the covered loan that occurs 3 during the period— ‘‘(i) beginning on the date that is 8 4 weeks after such date of origination; and 5 ‘‘(ii) ending on December 31, 2020;’’; 6 and 7 (2) by striking subsection (l). 8 9 (g) SIMPLIFIED APPLICATION.—Section 1106 of the 10 CARES Act (15 U.S.C. 9005), as amended by subsection 11 (f) of this section, is amended— 12 (1) in subsection (e), in the matter preceding 13 paragraph (1), by striking ‘‘An eligible’’ and insert- 14 ing ‘‘Except as provided in subsection (l), an eligi- 15 ble’’; 16 (2) in subsection (f), by inserting ‘‘or the infor- 17 mation required under subsection (l), as applicable’’ 18 after ‘‘subsection (e)’’; and 19 20 21 22 (3) by adding at the end the following: ‘‘(l) SIMPLIFIED APPLICATION.— ‘‘(1) COVERED ‘‘(A) IN LOANS UNDER $150,000.— GENERAL.—Notwithstanding sub- 23 section (e), with respect to a covered loan made 24 to an eligible recipient that is not more than 25 $150,000, the covered loan amount shall be for- HEN20945 MMS S.L.C. 83 1 given under this section if the eligible recipi- 2 ent— 3 ‘‘(i) signs and submits to the lender a 4 one-page online or paper form, to be estab- 5 lished by the Administrator not later than 6 7 days after the date of enactment of the 7 Continuing the Paycheck Protection Pro- 8 gram Act, that— 9 ‘‘(I) reports the amount of the 10 covered loan amount spent by the eli- 11 gible recipient— 12 ‘‘(aa) on payroll costs; and 13 ‘‘(bb) on the sum of— 14 ‘‘(AA) payments of in- 15 terest on any covered mort- 16 gage obligation (which shall 17 not include any prepayment 18 of or payment of principal 19 on a covered mortgage obli- 20 gation); 21 22 23 24 ‘‘(BB) payments on any covered rent obligation; ‘‘(CC) payments; covered utility HEN20945 MMS S.L.C. 84 ‘‘(DD) 1 covered oper- ations expenditures; 2 ‘‘(EE) covered property 3 damage costs; 4 ‘‘(FF) covered supplier 5 costs; and 6 7 ‘‘(GG) covered worker 8 protection expenditures; and 9 ‘‘(II) attests that the eligible re- 10 cipient made a good faith effort to 11 comply with the requirements under 12 section 7(a)(36) of the Small Business 13 Act (15 U.S.C. 636(a)(36)); and 14 ‘‘(ii) retains records relevant to the 15 form that prove compliance with those re- 16 quirements— 17 ‘‘(I) with respect to employment 18 records, for the 4-year period fol- 19 lowing submission of the form; and 20 ‘‘(II) with respect to other 21 records, for the 3-year period fol- 22 lowing submission of the form. 23 ‘‘(B) DEMOGRAPHIC INFORMATION.—An 24 eligible recipient of a covered loan described in 25 subparagraph (A) may complete and submit HEN20945 MMS S.L.C. 85 1 any form related to borrower demographic in- 2 formation. 3 ‘‘(C) AUDIT.—The Administrator may— ‘‘(i) review and audit covered loans 4 5 described in subparagraph (A); and 6 ‘‘(ii) in the case of fraud, ineligibility, 7 or other material noncompliance with ap- 8 plicable loan or loan forgiveness require- 9 ments, modify— ‘‘(I) the amount of a covered loan 10 described in subparagraph (A); or 11 12 ‘‘(II) the loan forgiveness amount 13 with respect to a covered loan de- 14 scribed in subparagraph (A). 15 16 17 ‘‘(2) COVERED LOANS BETWEEN $150,000 AND $2,000,000.— ‘‘(A) IN GENERAL.—Notwithstanding sub- 18 section (e), with respect to a covered loan made 19 to an eligible recipient that is more than 20 $150,000 and not more than $2,000,000— 21 22 ‘‘(i) the eligible recipient seeking loan forgiveness under this section— 23 ‘‘(I) is not required to submit the 24 supporting documentation described 25 in paragraph (1) or (2) of subsection HEN20945 MMS S.L.C. 86 1 (e) or the certification described in 2 subsection (e)(3)(A); ‘‘(II) shall retain— 3 ‘‘(aa) 4 all employment 5 records relevant to the applica- 6 tion for loan forgiveness for the 7 4-year period following submis- 8 sion of the application; and 9 ‘‘(bb) all other supporting 10 documentation relevant to the ap- 11 plication for loan forgiveness for 12 the 3-year period following sub- 13 mission of the application; and 14 ‘‘(III) may complete and submit 15 any form related to borrower demo- 16 graphic information; 17 ‘‘(ii) review by the lender of an appli- 18 cation submitted by the eligible recipient 19 for loan forgiveness under this section shall 20 be limited to whether the lender received a 21 complete application, with all fields com- 22 pleted, initialed, or signed, as applicable; 23 and 24 ‘‘(iii) the lender shall— HEN20945 MMS S.L.C. 87 1 ‘‘(I) accept the application sub- 2 mitted by the eligible recipient for 3 loan forgiveness under this section; 4 and ‘‘(II) submit the application to 5 6 7 8 9 the Administrator. ‘‘(B) AUDIT.—The Administrator may— ‘‘(i) review and audit covered loans described in subparagraph (A); and 10 ‘‘(ii) in the case of fraud, ineligibility, 11 or other material noncompliance with ap- 12 plicable loan or loan forgiveness require- 13 ments, modify— ‘‘(I) the amount of a covered loan 14 15 described in subparagraph (A); or 16 ‘‘(II) the loan forgiveness amount 17 with respect to a covered loan de- 18 scribed in subparagraph (A). 19 20 ‘‘(3) AUDIT PLAN.— ‘‘(A) IN GENERAL.—Not later than 30 21 days after the date of enactment of the Con- 22 tinuing the Paycheck Protection Program Act, 23 the Administrator shall submit to the Com- 24 mittee on Small Business and Entrepreneurship 25 of the Senate and the Committee on Small HEN20945 MMS S.L.C. 88 1 Business of the House of Representatives an 2 audit plan that details— 3 ‘‘(i) the policies and procedures of the 4 Administrator for conducting reviews and 5 audits of covered loans; and 6 ‘‘(ii) the metrics that the Adminis- 7 trator shall use to determine which covered 8 loans will be audited for each category of 9 covered loans described in paragraphs (1) 10 and (2). 11 ‘‘(B) REPORTS.—Not later than 30 days 12 after the date on which the Administrator sub- 13 mits the audit plan required under subpara- 14 graph (A), and each month thereafter, the Ad- 15 ministrator shall submit to the Committee on 16 Small Business and Entrepreneurship of the 17 Senate and the Committee on Small Business 18 of the House of Representatives a report on the 19 review and audit activities of the Administrator 20 under this subsection, which shall include— 21 22 ‘‘(i) the number of active reviews and audits; 23 ‘‘(ii) the number of reviews and audits 24 that have been ongoing for more than 60 25 days; and HEN20945 MMS S.L.C. 89 1 ‘‘(iii) any substantial changes made to 2 the audit plan submitted under subpara- 3 graph (A).’’. 4 (h) GROUP INSURANCE PAYMENTS 5 COSTS.—Section 6 Small AS 7(a)(36)(A)(viii)(I)(aa)(EE) Business Act (15 PAYROLL of the U.S.C. 7 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by inserting 8 ‘‘and other group insurance’’ before ‘‘benefits’’. 9 (i) PAYCHECK PROTECTION PROGRAM SECOND 10 DRAW LOANS.—Section 7(a) of the Small Business Act 11 (15 U.S.C. 636(a)) is amended by adding at the end the 12 following: 13 14 15 ‘‘(37) PAYCHECK PROTECTION PROGRAM SEC- OND DRAW LOANS.— ‘‘(A) DEFINITIONS.—In this paragraph— 16 ‘‘(i) the terms ‘community financial 17 institutions’, ‘credit union’, ‘eligible self- 18 employed individual’, ‘insured depository 19 institution’, ‘nonprofit organization’, ‘pay- 20 roll costs’, ‘seasonal employer’, and ‘vet- 21 erans organization’ have the meanings 22 given those terms in paragraph (36), ex- 23 cept that ‘eligible entity’ shall be sub- 24 stituted for ‘eligible recipient’ each place it 25 appears in the definitions of those terms; HEN20945 MMS S.L.C. 90 1 2 ‘‘(ii) the term ‘covered loan’ means a loan made under this paragraph; 3 ‘‘(iii) the terms ‘covered mortgage ob- 4 ligation’, ‘covered operating expenditure’, 5 ‘covered property damage cost’, ‘covered 6 rent obligation’, ‘covered supplier cost’, 7 ‘covered utility payment’, and ‘covered 8 worker protection expenditure’ have the 9 meanings given those terms in section 10 1106(a) of the CARES Act (15 U.S.C. 11 9005(a)); 12 ‘‘(iv) the term ‘covered period’ means 13 the period beginning on the date of the 14 origination of a covered loan and ending on 15 December 31, 2020; 16 ‘‘(v) the term ‘eligible entity’— 17 ‘‘(I) means any business concern, 18 nonprofit organization, veterans orga- 19 nization, Tribal business concern, eli- 20 gible self-employed individual, sole 21 proprietor, independent contractor, or 22 small agricultural cooperative that— 23 ‘‘(aa)(AA) with respect to a 24 business concern, would qualify 25 as a small business concern by HEN20945 MMS S.L.C. 91 1 the annual receipts size standard 2 (if applicable) established by sec- 3 tion 121.201 of title 13, Code of 4 Federal Regulations, or any suc- 5 cessor regulation; or 6 ‘‘(BB) if the entity does not 7 qualify as a small business con- 8 cern, meets the alternative size 9 standard established under sec- 10 11 12 tion 3(a)(5); ‘‘(bb) employs not more than 300 employees; and 13 ‘‘(cc)(AA) except as provided 14 in subitems (BB), (CC), and 15 (DD), had gross receipts during 16 the first or second quarter in 17 2020 that are not less than 35 18 percent less than the gross re- 19 ceipts of the entity during the 20 same quarter in 2019; 21 ‘‘(BB) if the entity was not 22 in business during the first or 23 second quarter of 2019, but was 24 in business during the third and 25 fourth quarter of 2019, had gross HEN20945 MMS S.L.C. 92 1 receipts during the first or sec- 2 ond quarter of 2020 that are less 3 than 35 percent of the amount of 4 the gross receipts of the entity 5 during the third or fourth quar- 6 ter of 2019; 7 ‘‘(CC) if the entity was not 8 in business during the first, sec- 9 ond, or third quarter of 2019, 10 but was in business during the 11 fourth quarter of 2019, had gross 12 receipts during the first or sec- 13 ond quarter of 2020 that are less 14 than 35 percent of the amount of 15 the gross receipts of the entity 16 during the fourth quarter of 17 2019; or 18 ‘‘(DD) if the entity was not 19 in business during 2019, but was 20 in operation on February 15, 21 2020, had gross receipts during 22 the second quarter of 2020 that 23 are less than 35 percent of the 24 amount of the gross receipts of HEN20945 MMS S.L.C. 93 1 the entity during the first quar- 2 ter of 2020; 3 ‘‘(II) includes an organization de- 4 scribed in subparagraph (D)(vii) of 5 paragraph (36) that is eligible to re- 6 ceive a loan under that paragraph and 7 that meets the requirements described 8 in items (aa) and (cc) of subclause 9 (I); and 10 ‘‘(III) does not include— 11 ‘‘(aa) an issuer, the securi- 12 ties of which are listed on an ex- 13 change registered a national se- 14 curities exchange under section 6 15 of the Securities Exchange Act of 16 1934 (15 U.S.C. 78f); 17 ‘‘(bb) any entity that— 18 ‘‘(AA) is a type of busi- 19 ness concern described in 20 subsection (b), (c), (d), (e), 21 (f), (h), (l) (m), (p), (q), (r), 22 or (s) of section 120.110 of 23 title 13, Code of Federal 24 Regulations, or any suc- 25 cessor regulation; HEN20945 MMS S.L.C. 94 1 ‘‘(BB) is a type of busi- 2 ness concern described in 3 section 120.110(g) of title 4 13, Code of Federal Regula- 5 tions, or any successor regu- 6 lation, except as otherwise 7 provided in the interim final 8 rule of the Administration 9 entitled ‘Business Loan Pro- 10 gram Temporary Changes; 11 Paycheck 12 gram—Additional Eligibility 13 Criteria and Requirements 14 for 15 Loans’ (85 Fed. Reg. 21747 16 (April 20, 2020)); Protection Certain Pledges Pro- of 17 ‘‘(CC) is a type of busi- 18 ness concern described in 19 section 120.110(i) of title 20 13, Code of Federal Regula- 21 tions, or any successor regu- 22 lation, except if the business 23 concern is an organization 24 described 25 (36)(D)(vii); in paragraph HEN20945 MMS S.L.C. 95 1 ‘‘(DD) is a type of 2 business concern described 3 in section 120.110(j) of title 4 13, Code of Federal Regula- 5 tions, or any successor regu- 6 lation, except as otherwise 7 provided in the interim final 8 rules of the Administration 9 entitled ‘Business Loan Pro- 10 gram Temporary Changes; 11 Paycheck 12 gram—Eligibility of Certain 13 Electric Cooperatives’ (85 14 Fed. Reg. 29847 (May 19, 15 2020)) and ‘Business Loan 16 Program 17 Changes; Paycheck Protec- 18 tion Program—Eligibility of 19 Certain Telephone Coopera- 20 tives’ (85 Fed. Reg. 35550 21 (June 11, 2020)) or any 22 other 23 issued or that may be issued 24 by the Administrator; Protection guidance Pro- Temporary or rule HEN20945 MMS S.L.C. 96 1 ‘‘(EE) is a type of busi- 2 ness concern described in 3 section 120.110(n) of title 4 13, Code of Federal Regula- 5 tions, or any successor regu- 6 lation, except as otherwise 7 provided in the interim final 8 rule of the Administration 9 entitled ‘Business Loan Pro- 10 gram Temporary Changes; 11 Paycheck 12 gram—Additional Eligibility 13 Revisions to First Interim 14 Final Rule’ (85 Fed. Reg. 15 38301 (June 26, 2020)) or 16 any other guidance or rule 17 issued or that may be issued 18 by the Administrator; Protection Pro- 19 ‘‘(FF) is a type of busi- 20 ness concern described in 21 section 120.110(o) of title 22 13, Code of Federal Regula- 23 tions, or any successor regu- 24 lation, except as otherwise 25 provided in any guidance or HEN20945 MMS S.L.C. 97 1 rule issued or that may be 2 issued by the Administrator; 3 or 4 ‘‘(GG) is an entity that 5 would be described in the 6 subsections 7 subitems (AA) through (FF) 8 if the entity were a business 9 concern; or listed in 10 ‘‘(HH) is assigned, or 11 was approved for a loan 12 under paragraph (36) with, 13 a North American Industry 14 Classification System code 15 beginning with 52; 16 ‘‘(cc) any business concern 17 or entity primarily engaged in 18 political or lobbying activities, 19 which shall include any entity 20 that is organized for research or 21 for engaging in advocacy in areas 22 such as public policy or political 23 strategy or otherwise describes 24 itself as a think tank in any pub- 25 lic documents; or HEN20945 MMS S.L.C. 98 1 2 ‘‘(dd) any business concern or entity— 3 ‘‘(AA) for which an en- 4 tity created in or organized 5 under the laws of the Peo- 6 ple’s Republic of China or 7 the Special Administrative 8 Region of Hong Kong, or 9 that has significant oper- 10 ations in the People’s Re- 11 public of China or the Spe- 12 cial Administrative Region 13 of Hong Kong, owns or 14 holds, directly or indirectly, 15 not less than 20 percent of 16 the economic interest of the 17 business concern or entity, 18 including as equity shares or 19 a capital or profit interest in 20 a limited liability company 21 or partnership; or 22 ‘‘(BB) that retains, as 23 a member of the board of di- 24 rectors of the business con- 25 cern, a person who is a resi- HEN20945 MMS S.L.C. 99 1 dent of the People’s Repub- 2 lic of China; 3 ‘‘(vi) the terms ‘exchange’, ‘issuer’, 4 and ‘security’ have the meanings given 5 those terms in section 3(a) of the Securi- 6 ties Exchange Act of 1934 (15 U.S.C. 7 78c(a)); and 8 ‘‘(vii) the term ‘Tribal business con- 9 cern’ means a Tribal business concern de- 10 scribed in section 31(b)(2)(C). 11 ‘‘(B) LOANS.—Except as otherwise pro- 12 vided in this paragraph, the Administrator may 13 guarantee covered loans to eligible entities 14 under the same terms, conditions, and processes 15 as a loan made under paragraph (36). 16 17 ‘‘(C) MAXIMUM ‘‘(i) IN LOAN AMOUNT.— GENERAL.—Except as other- 18 wise provided in this subparagraph, the 19 maximum amount of a covered loan made 20 to an eligible entity is the lesser of— 21 22 ‘‘(I) the product obtained by multiplying— 23 ‘‘(aa) at the election of the 24 eligible entity, the average total 25 monthly payment for payroll HEN20945 MMS S.L.C. 100 1 costs incurred or paid by the eli- 2 gible entity during— 3 ‘‘(AA) the 1-year period 4 before the date on which the 5 loan is made; or 6 ‘‘(BB) 7 2019; by 8 ‘‘(bb) 2.5; or 9 ‘‘(II) $2,000,000. 10 ‘‘(ii) SEASONAL calendar year EMPLOYERS.—The 11 maximum amount of a covered loan made 12 to an eligible entity that is a seasonal em- 13 ployer is the lesser of— 14 15 ‘‘(I) the product obtained by multiplying— 16 ‘‘(aa) at the election of the 17 eligible entity, the average total 18 monthly payments for payroll 19 costs incurred or paid by the eli- 20 gible entity— 21 ‘‘(AA) for a 12-week 22 period beginning February 23 15, 2019 or March 1, 2019 24 and ending June 30, 2019; 25 or HEN20945 MMS S.L.C. 101 1 ‘‘(BB) for a consecutive 2 12-week period between May 3 1, 2019 and September 15, 4 2019; by 5 ‘‘(bb) 2.5; or 6 ‘‘(II) $2,000,000. 7 ‘‘(iii) NEW ENTITIES.—The maximum 8 amount of a covered loan made to an eligi- 9 ble entity that did not exist during the 1- 10 year period preceding February 15, 2020 11 is the lesser of— 12 13 14 15 ‘‘(I) the product obtained by multiplying— ‘‘(aa) the quotient obtained by dividing— 16 ‘‘(AA) the sum of the 17 total monthly payments by 18 the eligible entity for payroll 19 costs paid or incurred by the 20 eligible entity as of the date 21 on which the eligible entity 22 applies for the covered loan; 23 by 24 ‘‘(BB) the number of 25 months in which those pay- HEN20945 MMS S.L.C. 102 1 roll costs were paid or in- 2 curred; by 3 ‘‘(bb) 2.5; or 4 ‘‘(II) $2,000,000. ‘‘(iv) LIMIT 5 FOR MULTIPLE LOCA- 6 TIONS.—With respect to an eligible entity 7 with more than 1 physical location, the 8 total amount of all covered loans shall be 9 not more than $2,000,000. ‘‘(v) LOAN 10 NUMBER LIMITATION.—An 11 eligible entity may only receive 1 covered 12 loan. 13 ‘‘(vi) 90 DAY RULE FOR MAXIMUM 14 LOAN AMOUNT.—The maximum aggregate 15 loan amount of loans guaranteed under 16 this subsection that are approved for an el- 17 igible entity (including any affiliates) with- 18 in 90 days of approval of another loan 19 under this subsection for the eligible entity 20 (including any affiliates) shall not exceed 21 $10,000,000. 22 ‘‘(D) EXCEPTION FROM CERTAIN CERTIFI- 23 CATION REQUIREMENTS.—An eligible entity ap- 24 plying for a covered loan shall not be required HEN20945 MMS S.L.C. 103 1 to make the certification described in subclause 2 (III) or (IV) of paragraph (36)(G)(i). 3 4 ‘‘(E) FEE WAIVER.—With respect to a cov- ered loan— 5 ‘‘(i) in lieu of the fee otherwise appli- 6 cable under paragraph (23)(A), the Ad- 7 ministrator shall collect no fee; and 8 ‘‘(ii) in lieu of the fee otherwise appli- 9 cable under paragraph (18)(A), the Ad- 10 ministrator shall collect no fee. 11 ‘‘(F) ELIGIBLE 12 13 CHURCHES AND RELIGIOUS ORGANIZATIONS.— ‘‘(i) SENSE OF CONGRESS.—It is the 14 sense of Congress that the interim final 15 rule of the Administration entitled ‘Busi- 16 ness Loan Program Temporary Changes; 17 Paycheck Protection Program’ (85 Fed. 18 Reg. 20817 (April 15, 2020)) properly 19 clarified the eligibility of churches and reli- 20 gious organizations for loans made under 21 paragraph (36). 22 ‘‘(ii) APPLICABILITY OF PROHIBI- 23 TION.—The prohibition on eligibility estab- 24 lished by section 120.110(k) of title 13, 25 Code of Federal Regulations, or any suc- HEN20945 MMS S.L.C. 104 1 cessor regulation, shall not apply to a cov- 2 ered loan. 3 ‘‘(G) GROSS RECEIPTS FOR NONPROFIT 4 AND VETERANS ORGANIZATIONS.—For purposes 5 of calculating gross receipts under subpara- 6 graph (A)(v)(I)(cc) for an eligible entity that is 7 a nonprofit organization, a veterans organiza- 8 tion, or an organization described in subpara- 9 graph (A)(v)(II), gross receipts— 10 ‘‘(i) shall include proceeds from fund- 11 raising events, federated campaigns, gifts, 12 donor-advised funds, and funds from simi- 13 lar sources; and 14 ‘‘(ii) shall not include— 15 ‘‘(I) Federal grants (excluding 16 any loan forgiveness on loans received 17 under paragraph (36) or this para- 18 graph); ‘‘(II) revenues from a supporting 19 20 organization; 21 ‘‘(III) grants from private foun- 22 dations that are disbursed over the 23 course of more than 1 calendar year; 24 or HEN20945 MMS S.L.C. 105 1 ‘‘(IV) any contribution of prop- 2 erty other than money, stocks, bonds, 3 and other securities, provided that the 4 non-cash contribution is not sold by 5 the organization in a transaction un- 6 related to the tax-exempt purpose of 7 the organization. 8 9 ‘‘(H) LOAN FORGIVENESS.— ‘‘(i) IN GENERAL.—Except as other- 10 wise provided in this subparagraph, an eli- 11 gible entity shall be eligible for forgiveness 12 of indebtedness on a covered loan in the 13 same manner as an eligible recipient with 14 respect to a loan made under paragraph 15 (36), as described in section 1106 of the 16 CARES Act (15 U.S.C. 9005). 17 ‘‘(ii) FORGIVENESS AMOUNT.—An eli- 18 gible entity shall be eligible for forgiveness 19 of indebtedness on a covered loan in an 20 amount equal to the sum of the following 21 costs incurred or expenditures made during 22 the covered period: 23 ‘‘(I) Payroll costs. 24 ‘‘(II) Any payment of interest on 25 any covered mortgage obligation HEN20945 MMS S.L.C. 106 1 (which shall not include any prepay- 2 ment of or payment of principal on a 3 covered mortgage obligation). 4 5 6 7 8 9 10 11 ‘‘(III) Any covered operations expenditure. ‘‘(IV) Any covered property damage cost. ‘‘(V) Any payment on any covered rent obligation. ‘‘(VI) Any covered utility payment. 12 ‘‘(VII) Any covered supplier cost. 13 ‘‘(VIII) Any covered worker pro- 14 tection expenditure. 15 ‘‘(iii) LIMITATION ON FORGIVENESS 16 FOR ALL ELIGIBLE ENTITIES.—The 17 giveness amount under this subparagraph 18 shall be equal to the lesser of— 19 20 21 22 for- ‘‘(I) the amount described in clause (ii); and ‘‘(II) the amount equal to the quotient obtained by dividing— 23 ‘‘(aa) the amount of the cov- 24 ered loan used for payroll costs 25 during the covered period; and HEN20945 MMS S.L.C. 107 ‘‘(bb) 0.60. 1 2 ‘‘(I) LENDER ELIGIBILITY.—Except as 3 otherwise provided in this paragraph, a lender 4 approved to make loans under paragraph (36) 5 may make covered loans under the same terms 6 and conditions as in paragraph (36). 7 ‘‘(J) REIMBURSEMENT FOR LOAN PROC- SERVICING.—The Administrator 8 ESSING 9 shall reimburse a lender authorized to make a 10 AND covered loan in an amount that is— 11 ‘‘(i) 3 percent of the principal amount 12 of the financing of the covered loan up to 13 $350,000; and 14 ‘‘(ii) 1 percent of the principal 15 amount of the financing of the covered 16 loan above $350,000, if applicable. 17 ‘‘(K) SET ASIDE FOR SMALL ENTITIES.— 18 Not less than $25,000,000,000 of the total 19 amount of covered loans guaranteed by the Ad- 20 ministrator shall be made to eligible entities 21 with not more than 10 employees as of Feb- 22 ruary 15, 2020. 23 ‘‘(L) SET ASIDE FOR COMMUNITY FINAN- 24 CIAL INSTITUTIONS, SMALL INSURED DEPOSI- 25 TORY INSTITUTIONS, CREDIT UNIONS, AND HEN20945 MMS S.L.C. 108 1 FARM CREDIT SYSTEM INSTITUTIONS.—Not less 2 than $10,000,000,000 of the total amount of 3 covered loans guaranteed by the Administrator 4 shall be made by— 5 ‘‘(i) community financial institutions; 6 ‘‘(ii) insured depository institutions 7 with consolidated assets of less than 8 $10,000,000,000; ‘‘(iii) credit unions with consolidated 9 10 assets of less than $10,000,000,000; and 11 ‘‘(iv) institutions of the Farm Credit 12 System chartered under the Farm Credit 13 Act of 1971 (12 U.S.C. 2001 et seq.) with 14 consolidated 15 $10,000,000,000 (not including the Fed- 16 eral Agricultural Mortgage Corporation). 17 ‘‘(M) PUBLICATION assets of less than OF GUIDANCE.—Not 18 later than 10 days after the date of enactment 19 of this paragraph, the Administrator shall issue 20 guidance addressing barriers to accessing cap- 21 ital for minority, underserved, veteran, and 22 women-owned business concerns for the purpose 23 of ensuring equitable access to covered loans. 24 25 ‘‘(N) DURE.—The STANDARD OPERATING PROCE- Administrator shall, to the max- HEN20945 MMS S.L.C. 109 1 imum extent practicable, allow a lender ap- 2 proved to make covered loans to use existing 3 program guidance and standard operating pro- 4 cedures for loans made under this subsection. ‘‘(O) PROHIBITION 5 ON USE OF PROCEEDS 6 FOR LOBBYING ACTIVITIES.—None of the pro- 7 ceeds of a covered loan may be used for— 8 ‘‘(i) lobbying activities, as defined in 9 section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602); 10 ‘‘(ii) lobbying expenditures related to 11 a State or local election; or 12 13 ‘‘(iii) expenditures designed to influ- 14 ence the enactment of legislation, appro- 15 priations, regulation, administrative action, 16 or Executive order proposed or pending be- 17 fore Congress or any State government, 18 State legislature, or local legislature or leg- 19 islative body.’’. (j) CONTINUED ACCESS 20 21 TION TO THE PAYCHECK PROTEC- PROGRAM.— (1) IN 22 Small GENERAL.—Section Business 7(a)(36)(E)(ii) of 23 the 24 636(a)(36)(E)(ii)) 25 ‘‘$10,000,000’’ and inserting ‘‘$2,000,000’’. is Act amended (15 U.S.C. by striking HEN20945 MMS S.L.C. 110 (2) APPLICABILITY 1 OF MAXIMUM LOAN AMOUNT CALCULATION.— 2 3 (A) DEFINITIONS.—In this paragraph, the 4 terms ‘‘covered loan’’ and ‘‘eligible recipient’’ 5 have the meanings given those terms in section 6 7(a)(36) of the Small Business Act (15 U.S.C. 7 636(a)(36)). 8 (B) APPLICABILITY.—The amendment 9 made by paragraph (1) shall apply only with re- 10 spect to a covered loan applied for by an eligible 11 recipient on or after the date of enactment of 12 this Act. (k) INCREASED ABILITY 13 14 TION 15 IN PROGRAM BORROWERS LOAN AMOUNT DUE TO FOR TO PAYCHECK PROTEC- REQUEST AN INCREASE UPDATED REGULATIONS.— 16 (1) DEFINITIONS.—In this subsection, the 17 terms ‘‘covered loan’’ and ‘‘eligible recipient’’ have 18 the meanings given those terms in section 7(a)(36) 19 of the Small Business Act (15 U.S.C. 636(a)(36)). 20 (2) INCREASED AMOUNT.—Notwithstanding the 21 interim final rule issued by the Administration enti- 22 tled ‘‘Business Loan Program Temporary Changes; 23 Paycheck Protection Program—Loan Increases’’ (85 24 Fed. Reg. 29842 (May 19, 2020)), an eligible recipi- 25 ent of a covered loan that is eligible for an increased HEN20945 MMS S.L.C. 111 1 covered loan amount as a result of any interim final 2 rule that allows for covered loan increases may sub- 3 mit a request for an increase in the covered loan 4 amount even if— (A) the initial covered loan amount has 5 been fully disbursed; or 6 7 (B) the lender of the initial covered loan 8 has submitted to the Administration a Form 9 1502 report related to the covered loan. 10 (l) CALCULATION 11 FARMERS 12 TECTION AND OF MAXIMUM LOAN AMOUNT RANCHERS UNDER THE FOR PAYCHECK PRO- PROGRAM.— (1) IN 13 GENERAL.—Section 7(a)(36) of the 14 Small Business Act (15 U.S.C. 636(a)(36)), as 15 amended by subsection (j) of this section, is amend- 16 ed— 17 (A) in subparagraph (E), in the matter 18 preceding clause (i), by striking ‘‘During’’ and 19 inserting ‘‘Except as provided in subparagraph 20 (T), during’’; and 21 (B) by adding at the end the following: 22 ‘‘(T) CALCULATION 23 OF MAXIMUM LOAN AMOUNT FOR FARMERS AND RANCHERS.— HEN20945 MMS S.L.C. 112 1 ‘‘(i) DEFINITION.—In this subpara- 2 graph, the term ‘covered recipient’ means 3 an eligible recipient that— 4 ‘‘(I) operates as a sole propri- 5 etorship or as an independent con- 6 tractor, or is an eligible self-employed 7 individual; 8 ‘‘(II) reports farm income or ex- 9 penses on a Schedule F (or any equiv- 10 alent successor schedule); and 11 ‘‘(III) was in business during the 12 period beginning on February 15, 13 2019 and ending on June 30, 2019. 14 ‘‘(ii) NO EMPLOYEES.—With respect 15 to covered recipient without employees, the 16 maximum covered loan amount shall be the 17 lesser of— 18 19 20 ‘‘(I) the sum of— ‘‘(aa) the product obtained by multiplying— 21 ‘‘(AA) the gross income 22 of the covered recipient in 23 2019, as reported on a 24 Schedule F (or any equiva- 25 lent successor schedule), HEN20945 MMS S.L.C. 113 1 that 2 $100,000, divided by 12; 3 and not more than ‘‘(BB) 2.5; and 4 5 is ‘‘(bb) the outstanding 6 amount of a loan under sub- 7 section (b)(2) that was made 8 during the period beginning on 9 January 31, 2020 and ending on 10 April 3, 2020 that the borrower 11 intends to refinance under the 12 covered loan, not including any 13 amount of any advance under the 14 loan that is not required to be re- 15 paid; or 16 ‘‘(II) $2,000,000. 17 ‘‘(iii) WITH EMPLOYEES.—With re- 18 spect to a covered recipient with employ- 19 ees, the maximum covered loan amount 20 shall be calculated using the formula de- 21 scribed in subparagraph (E), except that 22 the gross income of the covered recipient 23 described in clause (ii)(I)(aa)(AA) of this 24 subparagraph, as divided by 12, shall be HEN20945 MMS S.L.C. 114 1 added to the sum calculated under sub- 2 paragraph (E)(i)(I). 3 ‘‘(iv) RECALCULATION.—A lender that 4 made a covered loan to a covered recipient 5 before the date of enactment of this sub- 6 paragraph may, at the request of the cov- 7 ered recipient— 8 ‘‘(I) recalculate the maximum 9 loan amount applicable to that cov- 10 ered loan based on the formula de- 11 scribed in clause (ii) or (iii), as appli- 12 cable, if doing so would result in a 13 larger covered loan amount; and ‘‘(II) provide the covered recipi- 14 15 ent 16 amounts based on that recalcula- 17 tion.’’. 18 19 with additional covered loan (m) FARM CREDIT SYSTEM INSTITUTIONS.— (1) DEFINITION OF FARM CREDIT SYSTEM IN- 20 STITUTION.—In this subsection, the term ‘‘Farm 21 Credit System institution’’— 22 (A) means an institution of the Farm 23 Credit System chartered under the Farm Credit 24 Act of 1971 (12 U.S.C. 2001 et seq.); and HEN20945 MMS S.L.C. 115 1 (B) does not include the Federal Agricul- 2 tural Mortgage Corporation. 3 (2) FACILITATION 4 5 OF PARTICIPATION IN PPP AND SECOND DRAW LOANS.— (A) APPLICABLE RULES.—Solely with re- 6 spect to loans under paragraphs (36) and (37) 7 of section 7(a) of the Small Business Act (15 8 U.S.C. 636(a)), Farm Credit Administration 9 regulations and guidance issued as of July 14, 10 2020, and compliance with such regulations and 11 guidance, shall be deemed functionally equiva- 12 lent to requirements referenced in section 13 3(a)(iii)(II) of the interim final rule of the Ad- 14 ministration entitled ‘‘Business Loan Program 15 Temporary Changes; Paycheck Protection Pro- 16 gram’’ (85 Fed. Reg. 20811 (April 15, 2020)) 17 or any similar requirement referenced in that 18 interim final rule in implementing such para- 19 graph (37). 20 (B) APPLICABILITY OF CERTAIN LOAN RE- 21 QUIREMENTS.—For purposes of making loans 22 under paragraph (36) or (37) of section 7(a) of 23 the Small Business Act (15 U.S.C. 636(a)) or 24 forgiving those loans in accordance with section 25 1106 of the CARES Act (15 U.S.C. 9005) and HEN20945 MMS S.L.C. 116 1 subparagraph (H) of such paragraph (37), sec- 2 tions 4.13, 4.14, and 4.14A of the Farm Credit 3 Act of 1971 (12 U.S.C. 2199, 2202, 2202a) 4 (including regulations issued under those sec- 5 tions) shall not apply. 6 7 (C) RISK WEIGHT.— (i) IN GENERAL.—With respect to the 8 application of Farm Credit Administration 9 capital requirements, a loan described in 10 11 12 clause (ii)— (I) shall receive a risk weight of zero percent; and 13 (II) shall not be included in the 14 calculation of any applicable leverage 15 ratio or other applicable capital ratio 16 or calculation. 17 (ii) LOANS 18 DESCRIBED.—A loan re- ferred to in clause (i) is— 19 (I) a loan made by a Farm Cred- 20 it Bank described in section 1.2(a) of 21 the Farm Credit Act of 1971 (12 22 U.S.C. 2002(a)) to a Federal Land 23 Bank Association, a Production Credit 24 Association, or an agricultural credit 25 association described in that section HEN20945 MMS S.L.C. 117 1 to make loans under paragraph (36) 2 or (37) of section 7(a) of the Small 3 Business Act (15 U.S.C. 636(a)) or 4 forgive those loans in accordance with 5 section 1106 of the CARES Act (15 6 U.S.C. 9005) and subparagraph (H) 7 of such paragraph (37); or 8 (II) a loan made by a Federal 9 Land Bank Association, a Production 10 Credit Association, an agricultural 11 credit association, or the bank for co- 12 operatives described in section 1.2(a) 13 of the Farm Credit Act of 1971 (12 14 U.S.C. 15 (36) or (37) of section 7(a) of the 16 Small 17 636(a)). 2002(a)) Business (D) RESERVATION 18 under Act OF paragraph (15 LOAN U.S.C. GUARAN- 19 TEES.—Section 20 ness Act (15 U.S.C. 636(a)(36)(S)) is amend- 21 ed— 22 23 24 7(a)(36)(S) of the Small Busi- (i) in clause (i)— (I) in subclause (I), by striking ‘‘and’’ at the end; HEN20945 MMS S.L.C. 118 1 (II) in subclause (II), by striking 2 the period at the end and inserting ‘‘; 3 and’’; and 4 5 (III) by adding at the end the following: 6 ‘‘(III) institutions of the Farm 7 Credit System chartered under the 8 Farm Credit Act of 1971 (12 U.S.C. 9 2001 et seq.) with consolidated assets 10 of not less than $10,000,000,000 and 11 less than $50,000,000,000.’’; and 12 (ii) in clause (ii)— 13 14 (I) in subclause (II), by striking ‘‘and’’ at the end; 15 (II) in subclause (III), by strik- 16 ing the period at the end and insert- 17 ing ‘‘; and’’; and 18 19 (III) by adding at the end the following: 20 ‘‘(IV) institutions of the Farm 21 Credit System chartered under the 22 Farm Credit Act of 1971 (12 U.S.C. 23 2001 et seq.) with consolidated assets 24 of less than $10,000,000,000.’’. 25 (n) DEFINITION OF SEASONAL EMPLOYER.— HEN20945 MMS S.L.C. 119 1 (1) PPP LOANS.—Section 7(a)(36)(A) of the 2 Small Business Act (15 U.S.C. 636(a)(36)(A)) is 3 amended— (A) in clause (xi), by striking ‘‘and’’ at the 4 5 6 7 8 9 10 end; (B) in clause (xii), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(xiii) the term ‘seasonal employer’ means an eligible recipient that— 11 ‘‘(I) does not operate for more 12 than 7 months in any calendar year; 13 or 14 ‘‘(II) during the preceding cal- 15 endar year, had gross receipts for any 16 6 months of that year that were not 17 more than 33.33 percent of the gross 18 receipts of the employer for the other 19 6 months of that year.’’. 20 (2) LOAN FORGIVENESS.—Paragraph (12) of 21 section 1106(a) of the CARES Act (15 U.S.C. 22 9005(a)), as so redesignated by subsection (d)(2) of 23 this section, is amended to read as follows: 24 ‘‘(12) the terms ‘payroll costs’ and ‘seasonal 25 employer’ have the meanings given those terms in HEN20945 MMS S.L.C. 120 1 section 7(a)(36) of the Small Business Act (15 2 U.S.C. 636(a)(36)).’’. 3 (o) ELIGIBILITY 4 LOANS UNDER 5 GRAM.—Section OF 501(C)(6) ORGANIZATIONS FOR PAYCHECK PROTECTION PRO- THE 7(a)(36)(D) of the Small Business Act 6 (15 U.S.C. 636(a)(36)(D)) is amended— 7 (1) in clause (v), by inserting ‘‘or whether an 8 organization described in clause (vii) employs not 9 more than 150 employees,’’ after ‘‘clause (i)(I),’’; 10 (2) in clause (vi), by inserting ‘‘, an organiza- 11 tion described in clause (vii),’’ after ‘‘nonprofit orga- 12 nization’’; and 13 14 (3) by adding at the end the following: ‘‘(vii) ELIGIBILITY 15 501(C)(6) ORGANIZATIONS.— 16 ‘‘(I) IN FOR CERTAIN GENERAL.—Except as 17 provided in subclause (II), any organi- 18 zation that is described in section 19 501(c)(6) of the Internal Revenue 20 Code and that is exempt from tax- 21 ation under section 501(a) of such 22 Code (excluding professional sports 23 leagues and organizations with the 24 purpose of promoting or participating 25 in a political campaign or other activ- HEN20945 MMS S.L.C. 121 1 ity) shall be eligible to receive a cov- 2 ered loan if— 3 ‘‘(aa) the organization does 4 not receive more than 10 percent 5 of its receipts from lobbying ac- 6 tivities; 7 ‘‘(bb) the lobbying activities 8 of the organization do not com- 9 prise more than 10 percent of the 10 total activities of the organiza- 11 tion; and 12 ‘‘(cc) the organization em- 13 ploys not more than 150 employ- 14 ees. 15 ‘‘(II) DESTINATION MARKETING 16 ORGANIZATIONS.—Notwithstanding 17 subclause (I), during the covered pe- 18 riod, any destination marketing orga- 19 nization shall be eligible to receive a 20 covered loan if— 21 ‘‘(aa) the destination mar- 22 keting organization does not re- 23 ceive more than 10 percent of its 24 receipts from lobbying activities; HEN20945 MMS S.L.C. 122 1 ‘‘(bb) the lobbying activities 2 of the destination marketing or- 3 ganization do not comprise more 4 than 10 percent of the total ac- 5 tivities of the organization; 6 ‘‘(cc) the destination mar- 7 keting organization employs not 8 more than 150 employees; and ‘‘(dd) the destination mar- 9 keting organization— 10 11 ‘‘(AA) is described in 12 section 501(c) of the Inter- 13 nal Revenue Code and is ex- 14 empt from taxation under 15 section 501(a) of such Code; 16 or 17 ‘‘(BB) is a quasi-gov- 18 ernmental entity or is a po- 19 litical subdivision of a State 20 or local government, includ- 21 ing any instrumentality of 22 those entities.’’. 23 (p) PROHIBITION ON USE OF LOAN PROCEEDS FOR 24 LOBBYING ACTIVITIES.—Section 7(a)(36)(F) of the Small HEN20945 MMS S.L.C. 123 1 Business Act (15 U.S.C. 636(a)(36)(F)) is amended by 2 adding at the end the following: 3 ‘‘(vi) PROHIBITION.—None of the pro- 4 ceeds of a covered loan may be used for— 5 ‘‘(I) lobbying activities, as de- 6 fined in section 3 of the Lobbying 7 Disclosure Act of 1995 (2 U.S.C. 8 1602); 9 10 ‘‘(II) lobbying expenditures related to a State or local election; or 11 ‘‘(III) expenditures designed to 12 influence the enactment of legislation, 13 appropriations, regulation, adminis- 14 trative action, or Executive order pro- 15 posed or pending before Congress or 16 any State government, State legisla- 17 ture, or local legislature or legislative 18 body.’’. 19 (q) EFFECTIVE DATE; APPLICABILITY.—The amend- 20 ments made to paragraph (36) of section 7(a) of the Small 21 Business Act (15 U.S.C. 636(a)) and title I of the CARES 22 Act (Public Law 116–136) under this section shall be ef23 fective as if included in the CARES Act and shall apply 24 to any loan made pursuant to section 7(a)(36) of the 25 Small Business Act (15 U.S.C. 636(a)(36)). HEN20945 MMS S.L.C. 124 1 (r) BANKRUPTCY PROVISIONS.— (1) IN 2 GENERAL.—Section 364 of title 11, 3 United States Code, is amended by adding at the 4 end the following: 5 ‘‘(g)(1) The court, after notice and a hearing, may 6 authorize a debtor in possession or a trustee that is au7 thorized to operate the business of the debtor under sec8 tion 1183, 1184, 1203, 1204, or 1304 of this title to ob9 tain a loan under paragraph (36) or (37) of section 7(a) 10 of the Small Business Act (15 U.S.C. 636(a)), and such 11 loan shall be treated as a debt to the extent the loan is 12 not forgiven in accordance with section 1106 of the 13 CARES Act (15 U.S.C. 9005) or subparagraph (H) of 14 such paragraph (37), as applicable, with priority equal to 15 a claim of the kind specified in subsection (c)(1) of this 16 section. 17 ‘‘(2) The trustee may incur debt described in para- 18 graph (1) notwithstanding any provision in a contract, 19 prior order authorizing the trustee to incur debt under this 20 section, prior order authorizing the trustee to use cash col21 lateral under section 363, or applicable law that prohibits 22 the debtor from incurring additional debt. 23 ‘‘(3) The court shall hold a hearing within 7 days 24 after the filing and service of the motion to obtain a loan 25 described in paragraph (1). Notwithstanding the Federal HEN20945 MMS S.L.C. 125 1 Rules of Bankruptcy Procedure, at such hearing, the court 2 may grant relief on a final basis.’’. 3 (2) ALLOWANCE 4 PENSES.—Section 5 Code, is amended— 6 7 8 9 10 11 OF ADMINISTRATIVE EX- 503(b) of title 11, United States (A) in paragraph (8)(B), by striking ‘‘and’’ at the end; (B) in paragraph (9), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(10) any debt 12 364(g)(1) of this title.’’. 13 (3) CONFIRMATION incurred under section OF PLAN FOR REORGANIZA- 14 TION.—Section 1191 of title 11, United States Code, 15 is amended by adding at the end the following: 16 ‘‘(f) SPECIAL PROVISION RELATED TO COVID–19 17 PANDEMIC.—Notwithstanding section 1129(a)(9)(A) of 18 this title and subsection (e) of this section, a plan that 19 provides for payment of a claim of a kind specified in sec20 tion 503(b)(10) of this title may be confirmed under sub21 section (b) of this section if the plan proposes to make 22 payments on account of such claim when due under the 23 terms of the loan giving rise to such claim.’’. 24 25 (4) CONFIRMATION OF PLAN FARMERS AND FISHERMEN.—Section FOR FAMILY 1225 of title HEN20945 MMS S.L.C. 126 1 11, United States Code, is amended by adding at 2 the end the following: 3 ‘‘(d) Notwithstanding section 1222(a)(2) of this title 4 and subsection (b)(1) of this section, a plan that provides 5 for payment of a claim of a kind specified in section 6 503(b)(10) of this title may be confirmed if the plan pro7 poses to make payments on account of such claim when 8 due under the terms of the loan giving rise to such 9 claim.’’. (5) CONFIRMATION 10 OF PLAN FOR INDIVID- 11 UALS.—Section 1325 of title 11, United States 12 Code, is amended by adding at the end the fol- 13 lowing: 14 ‘‘(d) Notwithstanding section 1322(a)(2) of this title 15 and subsection (b)(1) of this section, a plan that provides 16 for payment of a claim of a kind specified in section 17 503(b)(10) of this title may be confirmed if the plan pro18 poses to make payments on account of such claim when 19 due under the terms of the loan giving rise to such 20 claim.’’. 21 22 23 (6) EFFECTIVE DATE; SUNSET.— (A) EFFECTIVE DATE.—The amendments made by paragraphs (1) through (5) shall— 24 (i) take effect on the date on which 25 the Administrator submits to the Director HEN20945 MMS S.L.C. 127 1 of the Executive Office for United States 2 Trustees a written determination that, sub- 3 ject to satisfying any other eligibility re- 4 quirements, any debtor in possession or 5 trustee that is authorized to operate the 6 business of the debtor under section 1183, 7 1184, 1203, 1204, or 1304 of title 11, 8 United States Code, would be eligible for a 9 loan under paragraphs (36) and (37) of 10 section 7(a) of the Small Business Act (15 11 U.S.C. 636(a)); and 12 (ii) apply to any case pending on or 13 commenced on or after the date described 14 in clause (i). 15 (B) SUNSET.— 16 (i) IN GENERAL.—If the amendments 17 made by this subsection take effect under 18 subparagraph (A), effective on the date 19 that is 2 years after the date of enactment 20 of this Act— 21 (I) section 364 of title 11, United 22 States Code, is amended by striking 23 subsection (g); 24 25 (II) section 503(b) of title 11, United States Code, is amended— HEN20945 MMS S.L.C. 128 1 2 (aa) in paragraph (8)(B), by adding ‘‘and’’ at the end; 3 (bb) in paragraph (9), by 4 striking ‘‘; and’’ at the end and 5 inserting a period; and 6 (cc) by striking paragraph 7 (10); 8 (III) section 1191 of title 11, 9 United States Code, is amended by 10 striking subsection (f); 11 (IV) section 1225 of title 11, 12 United States Code, is amended by 13 striking subsection (d); and 14 (V) section 1325 of title 11, 15 United States Code, is amended by 16 striking subsection (d). 17 (ii) APPLICABILITY.—Notwithstanding 18 the amendments made by clause (i) of this 19 subparagraph, if the amendments made by 20 paragraphs (1), (2), (3), (4), and (5) take 21 effect under subparagraph (A) of this 22 paragraph, such amendments shall apply 23 to any case under title 11, United States 24 Code, commenced before the date that is 2 HEN20945 MMS S.L.C. 129 1 years after the date of enactment of this 2 Act. 3 4 5 6 (s) OVERSIGHT.— (1) COMPLIANCE WITH OVERSIGHT REQUIRE- MENTS.— (A) IN GENERAL.—Except as provided in 7 subparagraph (B), on and after the date of en- 8 actment of this Act, the Administrator shall 9 comply with any data or information requests 10 or inquiries made by the Comptroller General of 11 the United States not later than 30 days (or 12 such later date as the Comptroller General may 13 specify) after receiving the request or inquiry. 14 (B) EXCEPTION.—If the Administrator is 15 unable to comply with a request or inquiry de- 16 scribed in subparagraph (A) within the 30-day 17 period or, if applicable, later period described in 18 that clause, the Administrator shall, during 19 that 30-day (or later) period, submit to the 20 Committee on Small Business and Entrepre- 21 neurship of the Senate and the Committee on 22 Small Business of the House of Representatives 23 a notification that includes a detailed justifica- 24 tion for the inability of the Administrator to 25 comply with the request or inquiry. HEN20945 MMS S.L.C. 130 1 (2) TESTIMONY.—Not later than the date that 2 is 30 days after the date of enactment of this Act, 3 and every quarter thereafter until the date that is 2 4 years after the date of enactment of this Act, the 5 Administrator and the Secretary of the Treasury 6 shall testify before the Committee on Small Business 7 and Entrepreneurship of the Senate and the Com- 8 mittee on Small Business of the House of Rep- 9 resentatives regarding implementation of this section 10 and the amendments made by this section. 11 (t) CONFLICTS OF INTEREST.— 12 13 (1) DEFINITIONS.—In this subsection: (A) CONTROLLING INTEREST.—The term 14 ‘‘controlling interest’’ means owning, control- 15 ling, or holding not less than 20 percent, by 16 vote or value, of the outstanding amount of any 17 class of equity interest in an entity. 18 (B) COVERED ENTITY.— 19 (i) DEFINITION.—The term ‘‘covered 20 entity’’ means an entity in which a covered 21 individual directly or indirectly holds a 22 controlling interest. 23 (ii) TREATMENT OF SECURITIES.— 24 For the purpose of determining whether an 25 entity is a covered entity, the securities HEN20945 MMS S.L.C. 131 1 owned, controlled, or held by 2 or more in- 2 dividuals who are related as described in 3 subparagraph (C)(ii) shall be aggregated. 4 (C) 5 COVERED INDIVIDUAL.—The term ‘‘covered individual’’ means— 6 (i) the President, the Vice President, 7 the head of an Executive department, or a 8 Member of Congress; and 9 (ii) the spouse, child, son-in-law, or 10 daughter-in-law, as determined under ap- 11 plicable common law, of an individual de- 12 scribed in clause (i). 13 (D) EXECUTIVE DEPARTMENT.—The term 14 ‘‘Executive department’’ has the meaning given 15 the term in section 101 of title 5, United States 16 Code. 17 (E) MEMBER OF CONGRESS.—The term 18 ‘‘Member of Congress’’ means a Member of the 19 Senate or House of Representatives, a Delegate 20 to the House of Representatives, and the Resi- 21 dent Commissioner from Puerto Rico. 22 23 24 25 (F) EQUITY INTEREST.—The term ‘‘equity interest’’ means— (i) a share in an entity, without regard to whether the share is— HEN20945 MMS S.L.C. 132 1 (I) transferable; or 2 (II) classified as stock or any- 3 thing similar; 4 (ii) a capital or profit interest in a 5 limited liability company or partnership; or 6 (iii) a warrant or right, other than a 7 right to convert, to purchase, sell, or sub- 8 scribe to a share or interest described in 9 clause (i) or (ii), respectively. 10 (2) REQUIREMENT.—The principal executive of- 11 ficer and the principal financial officer, or individ- 12 uals performing similar functions, of an entity seek- 13 ing to enter a transaction made under paragraph 14 (36) or (37) of section 7(a) of the Small Business 15 Act (15 U.S.C. 636(a)), as added and amended by 16 this section, shall, before that transaction is ap- 17 proved, disclose to the Administrator whether the 18 entity is a covered entity. 19 20 (3) APPLICABILITY.—The requirement under paragraph (2)— 21 (A) shall apply with respect to any trans- 22 action made under paragraph (36) or (37) of 23 section 7(a) of the Small Business Act (15 24 U.S.C. 636(a)), as added and amended by this HEN20945 MMS S.L.C. 133 1 section, on or after the date of enactment of 2 this Act; and (B) shall not apply with respect to— 3 4 (i) any transaction described in sub- 5 paragraph (A) that was made before the 6 date of enactment of this Act; or 7 (ii) forgiveness under section 1106 of 8 the CARES Act (15 U.S.C. 9005) or any 9 other provision of law of any loan associ- 10 ated with any transaction described in sub- 11 paragraph (A) that was made before the 12 date of enactment of this Act. 13 14 15 (u) COMMITMENT AUTHORITY AND APPROPRIA- TIONS.— (1) COMMITMENT AUTHORITY.—Section 16 1102(b) of the CARES Act (Public Law 116–136) 17 is amended— 18 19 (A) in paragraph (1)— (i) in the paragraph heading, by in- 20 serting 21 ‘‘PPP’’; 22 23 ‘‘AND SECOND DRAW’’ after (ii) by striking ‘‘August 8, 2020’’ and inserting ‘‘December 31, 2020’’; 24 (iii) by striking ‘‘paragraph (36)’’ and 25 inserting ‘‘paragraphs (36) and (37)’’; and HEN20945 MMS S.L.C. 134 (iv) by striking ‘‘$659,000,000,000’’ 1 2 and inserting ‘‘$816,640,000,000’’; and 3 (B) by amending paragraph (2) to read as 4 follows: 5 ‘‘(2) OTHER 7(A) LOANS.—During fiscal year 6 2020, the amount authorized for commitments for 7 section 7(a) of the Small Business Act (15 U.S.C. 8 636(a)) under the heading ‘Small Business Adminis- 9 tration—Business Loans Program Account’ in the 10 Financial Services and General Government Appro- 11 priations Act, 2020 (division C of Public Law 116– 12 193) shall apply with respect to any commitments 13 under such section 7(a) other than under para- 14 graphs (36) and (37) of such section 7(a).’’. 15 16 (2) DIRECT APPROPRIATIONS.— (A) NEW DIRECT APPROPRIATIONS FOR 17 PPP LOANS, SECOND DRAW LOANS, AND THE 18 MBDA.— 19 (i) PPP AND SECOND DRAW LOANS.— 20 There is appropriated, out of amounts in 21 the Treasury not otherwise appropriated, 22 for the fiscal year ending September 30, 23 2020, to remain available until September 24 30, 2021, for additional amounts— HEN20945 MMS S.L.C. 135 1 (I) $257,640,000,000 under the 2 heading ‘‘Small Business Administra- 3 tion—Business Loans Program Ac- 4 count, CARES Act’’ for the cost of 5 guaranteed loans as authorized under 6 paragraph (36) and (37) of section 7 7(a) of the Small Business Act (15 8 U.S.C. 636(a)), as amended and 9 added by this Act; 10 (II) $10,000,000 under the head- 11 ing ‘‘Department of Commerce—Mi- 12 nority Business Development Agency’’ 13 for minority business centers of the 14 Minority Business Development Agen- 15 cy to provide technical assistance to 16 small business concerns; and (III) 17 $50,000,000 under the 18 heading ‘‘Small Business Administra- 19 tion—Salaries and Expenses’’ for the 20 cost of carrying out reviews and au- 21 dits of loans under subsection (l) of 22 section 1106 of the CARES Act (15 23 U.S.C. 9005), as amended by this 24 Act. HEN20945 MMS S.L.C. 136 (B) AVAILABILITY 1 OF AMOUNTS APPRO- 2 PRIATED FOR THE OFFICE OF INSPECTOR GEN- 3 ERAL.—Section 4 (15 U.S.C. 9006(a)(3)) is amended by striking 5 ‘‘September 20, 2024’’ and inserting ‘‘ex- 6 pended’’. 1107(a)(3) of the CARES Act 8 TITLE V—POSTAL SERVICE ASSISTANCE 9 SEC. 5001. COVID–19 FUNDING FOR THE UNITED STATES 7 10 11 POSTAL SERVICE. Section 6001 of the CARES Act (Public Law 116– 12 136; 134 Stat. 281) is amended— 13 14 15 16 17 (1) in the section heading, by striking ‘‘BORROWING AUTHORITY’’ and inserting ‘‘FUNDING’’; (2) by redesignating subsection (c) as subsection (e); and (3) by inserting after subsection (b) the fol- 18 lowing: 19 ‘‘(c) AVAILABILITY OF AMOUNTS; NO REPAYMENT 20 REQUIRED.—Notwithstanding subsection (b) or any 21 agreement entered into between the Secretary of the 22 Treasury and the Postal Service under that subsection, 23 the Postal Service— HEN20945 MMS S.L.C. 137 1 ‘‘(1) may only use amounts borrowed under 2 that subsection if the Postal Service has less than 3 $8,000,000,000 in cash on hand; and 4 ‘‘(2) shall not be required to repay the amounts 5 borrowed under that subsection. 6 ‘‘(d) CERTIFICATIONS.— 7 ‘‘(1) POSTAL REGULATORY COMMISSION.—The 8 Postal Service shall certify in its quarterly and au- 9 dited annual reports to the Postal Regulatory Com- 10 mission under section 3654 of title 39, United 11 States Code, and in conformity with the require- 12 ments of section 13 or 15(d) of the Securities Ex- 13 change Act of 1934 (15 U.S.C. 78m, 78o(d)), any 14 expenditures made using amounts borrowed under 15 subsection (b) of this section. 16 ‘‘(2) CONGRESS.—Not later than 15 days after 17 filing a report described in paragraph (1) with the 18 Postal Regulatory Commission, the Postal Service 19 shall submit a copy of the information required to 20 be certified under that paragraph to the Committee 21 on Homeland Security and Governmental Affairs of 22 the Senate and the Committee on Oversight and Re- 23 form of the House of Representatives.’’. HEN20945 MMS S.L.C. 138 6 TITLE VI—EDUCATIONAL SUPPORT AND CHILD CARE Subtitle A—Emergency Education Freedom Grants; Tax Credits for Contributions to Eligible Scholarship-granting Organizations 7 SEC. 6001. EMERGENCY EDUCATION FREEDOM GRANTS. 1 2 3 4 5 8 9 (a) DEFINITIONS.—In this section: (1) ELIGIBLE SCHOLARSHIP-GRANTING ORGANI- 10 ZATION.—The 11 organization’’ means— 12 term ‘‘eligible scholarship-granting (A) an organization that— 13 (i) is described in section 501(c)(3) of 14 the Internal Revenue Code of 1986 and ex- 15 empt from taxation under section 501(a) 16 of such Code; 17 (ii) provides qualifying scholarships to 18 individual elementary and secondary stu- 19 dents who— 20 (I) reside in the State in which 21 the eligible scholarship-granting orga- 22 nization is recognized; or 23 (II) in the case of funds provided 24 to the Secretary of the Interior, at- 25 tending elementary schools or sec- HEN20945 MMS S.L.C. 139 1 ondary schools operated or funded by 2 the Bureau of Indian Education; 3 (iii) allocates at least 90 percent of 4 qualified contributions to qualifying schol- 5 arships on an annual basis; and (iv) provides qualifying scholarships 6 7 to— 8 (I) more than 1 eligible student; 9 (II) more than 1 eligible family; 10 and 11 (III) different eligible students 12 attending more than 1 education pro- 13 vider; 14 (B) an organization that— 15 (i) is described in section 501(c)(3) of 16 the Internal Revenue Code of 1986 and ex- 17 empt from taxation under section 501(a) 18 of such Code; and 19 (ii) pursuant to State law, was able, 20 as of January 1, 2021, to receive contribu- 21 tions that are eligible for a State tax credit 22 if such contributions are used by the orga- 23 nization to provide scholarships to indi- 24 vidual elementary and secondary students, HEN20945 MMS S.L.C. 140 1 including scholarships for attending private 2 schools; or 3 (C) an organization identified by a Gov- 4 ernor of a State to receive a subgrant from the 5 State under subsection (d). 6 (2) EMERGENCY EDUCATION FREEDOM GRANT 7 FUNDS.—The 8 grant funds’’ means the amount of funds available 9 under subsection (b)(1) for this section that are not 10 term ‘‘emergency education freedom reserved under subsection (c)(1). (3) 11 QUALIFIED CONTRIBUTION.—The term 12 ‘‘qualified contribution’’ means a contribution of 13 cash to any eligible scholarship-granting organiza- 14 tion. 15 16 (4) QUALIFIED EXPENSE.—The term ‘‘qualified expense’’ means any educational expense that is— 17 (A) for an individual student’s elementary 18 or secondary education, as recognized by the 19 State; or 20 (B) for the secondary education component 21 of an individual elementary or secondary stu- 22 dent’s career and technical education, as de- 23 fined by section 3(5) of the Carl D. Perkins Ca- 24 reer and Technical Education Act of 2006 (20 25 U.S.C. 2302(5)). HEN20945 MMS S.L.C. 141 (5) 1 QUALIFYING SCHOLARSHIP.—The term 2 ‘‘qualifying scholarship’’ means a scholarship grant- 3 ed by an eligible scholarship-granting organization to 4 an individual elementary or secondary student for a 5 qualified expense. (6) SECRETARY.—The term ‘‘Secretary’’ means 6 7 the Secretary of Education. 8 (7) STATE.—The term ‘‘State’’ means each of 9 the 50 States, the District of Columbia, and the 10 Commonwealth of Puerto Rico. 11 (b) GRANTS.— (1) PROGRAM 12 AUTHORIZED.—From the funds 13 appropriated to carry out this section, the Secretary 14 shall carry out subsection (c) and award emergency 15 education freedom grants to States with approved 16 applications, in order to enable the States to award 17 subgrants to eligible scholarship-granting organiza- 18 tions under subsection (d). 19 (2) TIMING.—The Secretary shall make the al- 20 lotments required under this subsection by not later 21 than 30 days after the date of enactment of this 22 Act. 23 (c) RESERVATION AND ALLOTMENTS.— HEN20945 MMS S.L.C. 142 1 (1) IN GENERAL.—From the amounts made 2 available under subsection (b)(1), the Secretary 3 shall— 4 (A) reserve— 5 (i) one-half of 1 percent for allotments 6 for the United States Virgin Islands, 7 Guam, American Samoa, and the Com- 8 monwealth of the Northern Mariana Is- 9 lands, to be distributed among those out- 10 lying areas on the basis of their relative 11 need, as determined by the Secretary, in 12 accordance with the purpose of this sec- 13 tion; and 14 (ii) one-half of 1 percent of such 15 amounts for the Secretary of the Interior, 16 acting through the Bureau of Indian Edu- 17 cation, to be used to provide subgrants de- 18 scribed in subsection (d) to eligible scholar- 19 ship-granting organizations that serve stu- 20 dents attending elementary schools or sec- 21 ondary schools operated or funded by the 22 Bureau of Indian Education; and 23 (B) subject to paragraph (2), allot each 24 State that submits an approved application 25 under this section the sum of— HEN20945 MMS S.L.C. 143 1 (i) the amount that bears the same 2 relation to 20 percent of the emergency 3 education freedom grant funds as the num- 4 ber of individuals aged 5 through 17 in the 5 State, as determined by the Secretary on 6 the basis of the most recent satisfactory 7 data, bears to the number of those individ- 8 uals, as so determined, in all such States 9 that submitted approved applications; and 10 (ii) an amount that bears the same re- 11 lationship to 80 percent of the emergency 12 education freedom grant funds as the num- 13 ber of individuals aged 5 through 17 from 14 families with incomes below the poverty 15 line in the State, as determined by the Sec- 16 retary on the basis of the most recent sat- 17 isfactory data, bears to the number of 18 those individuals, as so determined, in all 19 such States that submitted approved appli- 20 cations. 21 (2) MINIMUM ALLOTMENT.—No State shall re- 22 ceive an allotment under this subsection for a fiscal 23 year that is less than one-half of 1 percent of the 24 amount of emergency education freedom grant funds 25 available for such fiscal year. HEN20945 MMS S.L.C. 144 (d) SUBGRANTS 1 2 3 ING TO ELIGIBLE SCHOLARSHIP-GRANT- ORGANIZATIONS.— (1) IN GENERAL.—A State that receives an al- 4 lotment under this section shall use the allotment to 5 award subgrants, on a basis determined appropriate 6 by the State, to eligible scholarship-granting organi- 7 zations in the State. 8 (2) INITIAL 9 TIMING.— (A) STATES WITH EXISTING TAX CREDIT 10 SCHOLARSHIP PROGRAM.—By not later than 30 11 days after receiving an allotment under sub- 12 section (c)(1)(B), a State with an existing, as 13 of the date of application for an allotment 14 under this section, tax credit scholarship pro- 15 gram shall use not less than 50 percent of the 16 allotment to award subgrants to eligible schol- 17 arship-granting organizations under subsection 18 (a)(1)(B) in the State in proportion to the con- 19 tributions received in calendar year 2019 that 20 were eligible for a State tax credit if such con- 21 tributions are used by the organization to pro- 22 vide scholarships to individual elementary and 23 secondary students, including scholarships for 24 attending private schools. HEN20945 MMS S.L.C. 145 1 (B) STATES WITHOUT TAX CREDIT SCHOL- 2 ARSHIP PROGRAMS.—By 3 after receiving an allotment under subsection 4 (c)(1)(B), a State without a tax credit scholar- 5 ship program shall use not less than 50 percent 6 of the allotment to award subgrants to eligible 7 scholarship-granting organizations in the State. 8 (3) USES 9 10 OF FUNDS.— not later than 60 days An eligible scholarship- granting organization that receives a subgrant under this subsection— 11 (A) may reserve not more than 5 percent 12 of the subgrant funds for public outreach, stu- 13 dent and family support activities, and adminis- 14 trative expenses related to the subgrant; and 15 (B) shall use not less than 95 percent of 16 the subgrant funds to provide qualifying schol- 17 arships for qualified expenses only to individual 18 elementary school and secondary school stu- 19 dents who reside in the State in which the eligi- 20 ble scholarship-granting organization is recog- 21 nized. 22 (e) REALLOCATION.—A State shall return to the Sec- 23 retary any amounts of the allotment received under this 24 section that the State does not award as subgrants under 25 subsection (d) by March 30, 2021, and the Secretary shall HEN20945 MMS S.L.C. 146 1 reallocate such funds to the remaining eligible States in 2 accordance with subsection (c)(1)(B). 3 4 (f) RULES OF CONSTRUCTION.— (1) IN GENERAL.—A qualifying scholarship 5 awarded to a student from funds provided under this 6 section shall not be considered assistance to the 7 school or other educational provider that enrolls, or 8 provides educational services to, the student or the 9 student’s parents. 10 11 (2) EXCLUSION FROM INCOME.— (A) INCOME TAXES.—For purposes of the 12 Internal Revenue Code of 1986, gross income 13 shall not include any amount received by an in- 14 dividual as a qualifying scholarship. 15 (B) FEDERALLY FUNDED PROGRAMS.— 16 Any amount received by an individual as a 17 qualifying scholarship shall not be taken into 18 account as income or resources for purposes of 19 determining the eligibility of such individual or 20 any other individual for benefits or assistance, 21 or the amount or extent of such benefits or as- 22 sistance, under any Federal program or under 23 any State or local program financed in whole or 24 in part with Federal funds. HEN20945 MMS S.L.C. 147 1 2 (3) PROHIBITION OF CONTROL OVER NON- PUBLIC EDUCATION PROVIDERS.— 3 (A)(i) Nothing in this section shall be con- 4 strued to permit, allow, encourage, or authorize 5 any Federal control over any aspect of any pri- 6 vate, religious, or home education provider, 7 whether or not a home education provider is 8 treated as a private school or home school 9 under State law. 10 (ii) This section shall not be construed to 11 exclude private, religious, or home education 12 providers from participation in programs or 13 services under this section. 14 (B) Nothing in this section shall be con- 15 strued to permit, allow, encourage, or authorize 16 a State to mandate, direct, or control any as- 17 pect of a private or home education provider, 18 regardless of whether or not a home education 19 provider is treated as a private school under 20 State law. 21 (C) No participating State shall exclude, 22 discriminate against, or otherwise disadvantage 23 any education provider with respect to pro- 24 grams or services under this section based in 25 whole or in part on the provider’s religious HEN20945 MMS S.L.C. 148 1 character or affiliation, including religiously 2 based or mission-based policies or practices. 3 (4) PARENTAL RIGHTS TO USE SCHOLAR- 4 SHIPS.—No 5 courage the use of qualifying scholarships for the 6 purchase of elementary and secondary education 7 services, including those services provided by private 8 or nonprofit entities, such as faith-based providers. 9 participating State shall disfavor or dis- (5) STATE AND LOCAL AUTHORITY.—Nothing 10 in this section shall be construed to modify a State 11 or local government’s authority and responsibility to 12 fund education. 13 (g) AUTHORIZATION OF APPROPRIATIONS.—There 14 are authorized to be appropriated to carry out this section 15 such sums as may be necessary. 16 17 18 SEC. 6002. TAX CREDITS FOR CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP-GRANTING ORGANIZATIONS. (a) CREDIT FOR INDIVIDUALS.—Subpart A of part 19 IV of subchapter A of chapter 1 of the Internal Revenue 20 Code of 1986 is amended by adding after section 25D the 21 following new section: 22 23 24 ‘‘SEC. 25E. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIPGRANTING ORGANIZATIONS. ‘‘(a) ALLOWANCE OF CREDIT.—Subject to section 25 6003(c) of the Delivering Immediate Relief to America’s HEN20945 MMS S.L.C. 149 1 Families, Schools and Small Businesses Act, in the case 2 of an individual, there shall be allowed as a credit against 3 the tax imposed by this chapter for the taxable year an 4 amount equal to the sum of any qualified contributions 5 made by the taxpayer during the taxable year. 6 ‘‘(b) AMOUNT OF CREDIT.—The credit allowed under 7 subsection (a) for any taxable year shall not exceed 10 8 percent of the taxpayer’s adjusted gross income for the 9 taxable year. 10 11 ‘‘(c) DEFINITIONS.—For purposes of this section— ‘‘(1) ELIGIBLE SCHOLARSHIP-GRANTING ORGA- 12 NIZATION.—The 13 organization’ means— 14 term ‘eligible scholarship-granting ‘‘(A) an organization that— 15 ‘‘(i) is described in section 501(c)(3) 16 and exempt from taxation under section 17 501(a), 18 ‘‘(ii) provides qualifying scholarships 19 to individual elementary and secondary 20 students who— 21 ‘‘(I) reside in the State in which 22 the eligible scholarship-granting orga- 23 nization is recognized, or HEN20945 MMS S.L.C. 150 1 ‘‘(II) in the case of the Bureau of 2 Indian Education, are members of a 3 federally recognized tribe, 4 ‘‘(iii) a State identifies to the Sec- 5 retary as an eligible scholarship-granting 6 organization under section 6003(c)(5)(B) 7 of the Delivering Immediate Relief to 8 America’s Families, Schools and Small 9 Businesses Act, 10 ‘‘(iv) allocates at least 90 percent of 11 qualified contributions to qualifying schol- 12 arships on an annual basis, and ‘‘(v) provides qualifying scholarships 13 14 to— 15 ‘‘(I) more than 1 eligible student, 16 ‘‘(II) more than 1 eligible family, 17 and 18 ‘‘(III) different eligible students 19 attending more than 1 education pro- 20 vider, or 21 ‘‘(B) an organization that— 22 ‘‘(i) is described in section 501(c)(3) 23 and exempt from taxation under section 24 501(a), and HEN20945 MMS S.L.C. 151 1 ‘‘(ii) pursuant to State law, was able, 2 as of January 1, 2021, to receive contribu- 3 tions that are eligible for a State tax credit 4 if such contributions are used by the orga- 5 nization to provide scholarships to indi- 6 vidual elementary and secondary students, 7 including scholarships for attending private 8 schools. 9 ‘‘(2) QUALIFIED CONTRIBUTION.—The term 10 ‘qualified contribution’ means a contribution of cash 11 to any eligible scholarship-granting organization. ‘‘(3) QUALIFIED 12 EXPENSE.—The term ‘quali- 13 fied expense’ means any educational expense that 14 is— 15 ‘‘(A) for an individual student’s elementary 16 or secondary education, as recognized by the 17 State, or 18 ‘‘(B) for the secondary education compo- 19 nent of an individual elementary or secondary 20 student’s career and technical education, as de- 21 fined by section 3(5) of the Carl D. Perkins Ca- 22 reer and Technical Education Act of 2006 (20 23 U.S.C. 2302(5)). 24 ‘‘(4) QUALIFYING 25 SCHOLARSHIP.—The term ‘qualifying scholarship’ means a scholarship granted HEN20945 MMS S.L.C. 152 1 by an eligible scholarship-granting organization to 2 an individual elementary or secondary student for a 3 qualified expense. 4 ‘‘(5) STATE.—The term ‘State’ means each of 5 the 50 States, the District of Columbia, the Com- 6 monwealth of Puerto Rico, the outlying areas (as de- 7 fined in section 1121(c) of the Elementary and Sec- 8 ondary Education Act of 1965 (20 U.S.C. 6331(c)), 9 and the Department of the Interior (acting through 10 the Bureau of Indian Education). 11 ‘‘(d) RULES OF CONSTRUCTION.— 12 ‘‘(1) IN GENERAL.—A qualifying scholarship 13 awarded to a student from the proceeds of a quali- 14 fied contribution under this section shall not be con- 15 sidered assistance to the school or other educational 16 provider that enrolls, or provides educational services 17 to, the student or the student’s parents. 18 ‘‘(2) EXCLUSION FROM INCOME.—Gross income 19 shall not include any amount received by an indi- 20 vidual as a qualifying scholarship and such amount 21 shall not be taken into account as income or re- 22 sources for purposes of determining the eligibility of 23 such individual or any other individual for benefits 24 or assistance, or the amount or extent of such bene- 25 fits or assistance, under any Federal program or HEN20945 MMS S.L.C. 153 1 under any State or local program financed in whole 2 or in part with Federal funds. 3 ‘‘(3) PROHIBITION 4 OF CONTROL OVER NON- PUBLIC EDUCATION PROVIDERS.— 5 ‘‘(A)(i) Nothing in this section shall be 6 construed to permit, allow, encourage, or au- 7 thorize any Federal control over any aspect of 8 any private, religious, or home education pro- 9 vider, whether or not a home education provider 10 is treated as a private school or home school 11 under State law. 12 ‘‘(ii) This section shall not be construed to 13 exclude private, religious, or home education 14 providers from participation in programs or 15 services under this section. 16 ‘‘(B) Nothing in this section shall be con- 17 strued to permit, allow, encourage, or authorize 18 an entity submitting a list of eligible scholar- 19 ship-granting organizations on behalf of a State 20 pursuant to section 6003(c)(5) of the Delivering 21 Immediate 22 Schools and Small Businesses Act to mandate, 23 direct, or control any aspect of a private or 24 home education provider, regardless of whether Relief to America’s Families, HEN20945 MMS S.L.C. 154 1 or not a home education provider is treated as 2 a private school under State law. 3 ‘‘(C) No participating State or entity act- 4 ing on behalf of a State pursuant to section 5 6003(c)(5) of the Delivering Immediate Relief 6 to America’s Families, Schools and Small Busi- 7 nesses Act shall exclude, discriminate against, 8 or otherwise disadvantage any education pro- 9 vider with respect to programs or services 10 under this section based in whole or in part on 11 the provider’s religious character or affiliation, 12 including religiously-based or mission-based 13 policies or practices. 14 ‘‘(4) PARENTAL RIGHTS TO USE SCHOLAR- 15 SHIPS.—No 16 behalf of a State pursuant to section 6003(c)(5) of 17 the Delivering Immediate Relief to America’s Fami- 18 lies, Schools and Small Businesses Act shall disfavor 19 or discourage the use of qualifying scholarships for 20 the purchase of elementary and secondary education 21 services, including those services provided by private 22 or nonprofit entities, such as faith-based providers. 23 24 participating State or entity acting on ‘‘(5) STATE AND LOCAL AUTHORITY.—Nothing in this section shall be construed to modify a State HEN20945 MMS S.L.C. 155 1 or local government’s authority and responsibility to 2 fund education. 3 ‘‘(e) DENIAL OF DOUBLE BENEFIT.—The Secretary 4 shall prescribe such regulations or other guidance to en5 sure that the sum of the tax benefits provided by Federal, 6 State, or local law for a qualified contribution receiving 7 a Federal tax credit in any taxable year does not exceed 8 the sum of the qualified contributions made by the tax9 payer for the taxable year. 10 ‘‘(f) CARRYFORWARD OF CREDIT.—If a tax credit al- 11 lowed under this section is not fully used within the appli12 cable taxable year because of insufficient tax liability on 13 the part of the taxpayer, the unused amount may be car14 ried forward for a period not to exceed 5 years. 15 ‘‘(g) ELECTION.—This section shall apply to a tax- 16 payer for a taxable year only if the taxpayer elects to have 17 this section apply for such taxable year. 18 ‘‘(h) ALTERNATIVE MINIMUM TAX.—For purposes of 19 calculating the alternative minimum tax under section 55, 20 a taxpayer may use any credit received for a qualified con21 tribution under this section. 22 ‘‘(i) TERMINATION.—This section shall not apply to 23 any contributions made in taxable years beginning after 24 December 31, 2022.’’. HEN20945 MMS S.L.C. 156 1 (b) CLERICAL AMENDMENT.—The table of sections 2 for subpart A of part IV of subchapter A of chapter 1 3 of the Internal Revenue Code of 1986 is amended by in4 serting after the item relating to section 25D the following 5 new item: ‘‘Sec. 25E. Contributions to eligible scholarship-granting organizations.’’. 6 (c) CREDIT FOR CORPORATIONS.—Subpart D of part 7 IV of subchapter A of chapter 1 of the Internal Revenue 8 Code of 1986 is amended by adding at the end the fol9 lowing new section: 10 ‘‘SEC. 45U. CONTRIBUTIONS TO ELIGIBLE SCHOLARSHIP- 11 12 GRANTING ORGANIZATIONS. ‘‘(a) ALLOWANCE OF CREDIT.—Subject to section 13 6003(c) of the Delivering Immediate Relief to America’s 14 Families, Schools and Small Businesses Act, for purposes 15 of section 38, in the case of a domestic corporation, there 16 shall be allowed as a credit against the tax imposed by 17 this chapter for the taxable year an amount equal to the 18 sum of any qualified contributions (as defined in section 19 25E(c)(2)) made by such corporation during the taxable 20 year. 21 ‘‘(b) AMOUNT OF CREDIT.—The credit allowed under 22 subsection (a) for any taxable year shall not exceed 5 per23 cent of the taxable income (as defined in section 24 170(b)(2)(D)) of the domestic corporation for such taxable 25 year. HEN20945 MMS S.L.C. 157 1 ‘‘(c) ADDITIONAL PROVISIONS.—For purposes of this 2 section, any qualified contributions made by a domestic 3 corporation shall be subject to the provisions of section 4 25E (including subsection (d) of such section), to the ex5 tent applicable. 6 ‘‘(d) ELECTION.—This section shall apply to a tax- 7 payer for a taxable year only if the taxpayer elects to have 8 this section apply for such taxable year. 9 ‘‘(e) TERMINATION.—This section shall not apply to 10 any contributions made in taxable years beginning after 11 December 31, 2022.’’. 12 13 14 15 16 17 18 19 20 (d) CREDIT PART IT.—Section OF GENERAL BUSINESS CRED- 38(b) is amended— (1) by striking ‘‘plus’’ at the end of paragraph (32); (2) by striking the period at the end of paragraph (33) and inserting ‘‘, plus’’; and (3) by adding at the end the following new paragraph: ‘‘(34) the credit for qualified contributions de- 21 termined under section 45U(a).’’. 22 (e) CLERICAL AMENDMENT.—The table of sections 23 for subpart D of part IV of subchapter A of chapter 1 24 is amended by adding at the end the following new item: ‘‘Sec. 45U. Contributions to eligible scholarship-granting organizations.’’. HEN20945 MMS S.L.C. 158 1 (f) EFFECTIVE DATE.—The amendments made by 2 this section shall apply to taxable years beginning after 3 December 31, 2020. 4 SEC. 6003. EDUCATION FREEDOM SCHOLARSHIPS WEB 5 PORTAL AND ADMINISTRATION. 6 (a) IN GENERAL.—The Secretary of the Treasury 7 shall, in coordination with the Secretary of Education, es8 tablish, host, and maintain a web portal that— 9 10 (1) lists all eligible scholarship-granting organizations; 11 (2) enables a taxpayer to make a qualifying 12 contribution to one or more eligible scholarship- 13 granting organizations and to immediately obtain 14 both a pre-approval of a tax credit for that contribu- 15 tion and a receipt for tax filings; 16 (3) provides information about the tax benefits 17 under sections 25E and 45U of the Internal Rev- 18 enue Code of 1986; and 19 (4) enables a State to submit and update infor- 20 mation about its programs and its eligible scholar- 21 ship-granting organizations for informational pur- 22 poses only, including information on— 23 (A) student eligibility; 24 (B) allowable educational expenses; HEN20945 MMS S.L.C. 159 (C) the types of allowable education pro- 1 viders; 2 3 (D) the percentage of funds an organiza- 4 tion may use for program administration; and 5 (E) the percentage of total contributions 6 the organization awards in a calendar year. 7 (b) NONPORTAL CONTRIBUTIONS.—A taxpayer may 8 opt to make a contribution directly to an eligible scholar9 ship-granting organization, instead of through the web 10 portal described in subsection (a), provided that the tax11 payer, or the eligible scholarship-granting organization on 12 behalf of the taxpayer, applies for, and receives pre-ap13 proval for a tax credit from the Secretary of the Treasury 14 in coordination with the Secretary of Education. 15 16 17 (c) NATIONAL AND STATE LIMITATIONS ON CRED- ITS.— (1) NATIONAL LIMITATION.—For each fiscal 18 year, the total amount of qualifying contributions for 19 which a credit is allowed under sections 25E and 20 45U of the Internal Revenue Code of 1986 shall not 21 exceed $5,000,000,000. 22 (2) ALLOCATION 23 (A) INITIAL OF LIMITATION.— ALLOCATIONS.—For each cal- 24 endar year, with respect to the limitation under 25 paragraph (1), the Secretary of the Treasury, HEN20945 MMS S.L.C. 160 1 in consultation with the Secretary of Education, 2 shall— 3 (i) allocate to each State an amount 4 equal to the sum of the qualifying con- 5 tributions made in the State in the pre- 6 vious year; and 7 (ii) from any amounts remaining fol- 8 lowing allocations made under clause (i), 9 allocate to each participating State an 10 amount equal to the sum of— 11 (I) an amount that bears the 12 same relationship to 20 percent of 13 such remaining amount as the num- 14 ber of individuals aged 5 through 17 15 in the State, as determined by the 16 Secretary of Education on the basis of 17 the most recent satisfactory data, 18 bears to the number of those individ- 19 uals in all such States, as so deter- 20 mined; and 21 (II) an amount that bears the 22 same relationship to 80 percent of 23 such remaining amount as the num- 24 ber of individuals aged 5 through 17 25 from families with incomes below the HEN20945 MMS S.L.C. 161 1 poverty line in the State, as deter- 2 mined by the Secretary of Education, 3 on the basis of the most recent satis- 4 factory data, bears to the number of 5 those individuals in all such States, as 6 so determined. 7 (B) MINIMUM ALLOCATION.—Notwith- 8 standing subparagraph (A), no State receiving 9 an allocation under this section may receive less 10 than 1⁄2 of 1 percent of the amount allocated 11 for a fiscal year. 12 (3) ALLOWABLE PARTNERSHIPS.—A State may 13 choose to administer the allocation it receives under 14 paragraph (2) in partnership with one or more 15 States, provided that the eligible scholarship-grant- 16 ing organizations in each partner State serve stu- 17 dents who reside in all States in the partnership. 18 (4) TOTAL ALLOCATION.—A State’s allocation, 19 for any fiscal year, is the sum of the amount deter- 20 mined for such State under subparagraphs (A) and 21 (B) of paragraph (2). 22 (5) ALLOCATION 23 (A) INITIAL AND ADJUSTMENTS.— ALLOCATION TO STATES.—Not 24 later than November 1 of the year preceding a 25 year for which there is a national limitation on HEN20945 MMS S.L.C. 162 1 credits under paragraph (1) (referred to in this 2 section as the ‘‘applicable year’’), or as early as 3 practicable with respect to the first year, the 4 Secretary of the Treasury shall announce the 5 State allocations under paragraph (2) for the 6 applicable year. 7 (B) LIST 8 9 OF ELIGIBLE SCHOLARSHIP- GRANTING ORGANIZATIONS.— (i) IN GENERAL.—Not later than Jan- 10 uary 1 of each applicable year, or as early 11 as practicable with respect to the first 12 year, each State shall provide the Sec- 13 retary of the Treasury a list of eligible 14 scholarship-granting organizations, includ- 15 ing a certification that the entity submit- 16 ting the list on behalf of the State has the 17 authority to perform this function. 18 (ii) RULE OF CONSTRUCTION.—Nei- 19 ther this section nor any other Federal law 20 shall be construed as limiting the entities 21 that may submit the list on behalf of a 22 State. 23 (C) REALLOCATION 24 ITS.—The OF UNCLAIMED CRED- Secretary of the Treasury shall re- HEN20945 MMS S.L.C. 163 1 allocate a State’s allocation to other States, in 2 accordance with paragraph (2), if the State— 3 (i) chooses not to identify scholarship- 4 granting organizations under subparagraph 5 (B) in any applicable year; or (ii) does not have an existing eligible 6 7 scholarship-granting organization. 8 (D) REALLOCATION.—On or after April 1 9 of any applicable year, the Secretary of the 10 Treasury may reallocate, to one or more other 11 States that have eligible scholarship-granting 12 organizations in the States, without regard to 13 paragraph (2), the allocation of a State for 14 which the State’s allocation has not been 15 claimed. 16 (d) DEFINITIONS.—Any term used in this section 17 which is also used in section 25E of the Internal Revenue 18 Code of 1986 shall have the same meaning as when used 19 in such section. 20 SEC. 6004. 529 ACCOUNT FUNDING FOR HOMESCHOOL AND 21 ADDITIONAL ELEMENTARY AND SECONDARY 22 EXPENSES. 23 (a) IN GENERAL.—Section 529(c)(7) of the Internal 24 Revenue Code of 1986 is amended— 25 (1) by striking ‘‘Any reference’’ and inserting HEN20945 MMS S.L.C. 164 1 2 3 4 ‘‘(A) IN GENERAL.—Any reference’’, and (2) by adding at the end the following new subparagraphs: ‘‘(B) ADDITIONAL EXPENSES.—In the case 5 of any distribution made after the date of the 6 enactment of the Delivering Immediate Relief 7 to America’s Families, Schools and Small Busi- 8 nesses Act and before January 1, 2023, any 9 reference in this section to the term ‘qualified 10 higher education expense’ shall include a ref- 11 erence to the following expenses in connection 12 with enrollment or attendance at, or for stu- 13 dents enrolled at or attending, an elementary or 14 secondary public, private, or religious school: 15 16 17 18 ‘‘(i) Curriculum and curricular materials. ‘‘(ii) Books or other instructional materials. 19 ‘‘(iii) Online educational materials. 20 ‘‘(iv) Tuition for tutoring or edu- 21 cational classes outside of the home, in- 22 cluding at a tutoring facility, but only if 23 the tutor or instructor is not related to the 24 student and— HEN20945 MMS S.L.C. 165 ‘‘(I) is licensed as a teacher in 1 2 any State, ‘‘(II) has taught at an eligible 3 4 educational institution, or ‘‘(III) is a subject matter expert 5 6 in the relevant subject. 7 ‘‘(v) Fees for a nationally standard- 8 ized norm-referenced achievement test, an 9 advanced placement examination, or any 10 examinations related to college or univer- 11 sity admission. 12 13 ‘‘(vi) Fees for dual enrollment in an institution of higher education. 14 ‘‘(vii) Educational therapies for stu- 15 dents with disabilities provided by a li- 16 censed or accredited practitioner or pro- 17 vider, including occupational, behavioral, 18 physical, and speech-language therapies. 19 ‘‘(C) TREATMENT OF HOMESCHOOL EX- 20 PENSES.—In the case of any distribution made 21 after the date of the enactment of the Deliv- 22 ering Immediate Relief to America’s Families, 23 Schools and Small Businesses Act and before 24 January 1, 2023, the term ‘qualified higher 25 education expense’ shall include expenses for HEN20945 MMS S.L.C. 166 1 the purposes described in subparagraphs (A) 2 and (B) in connection with a homeschool 3 (whether treated as a homeschool or a private 4 school for purposes of applicable State law).’’. 5 (b) EFFECTIVE DATE.—The amendment made by 6 this section shall apply to distributions made after the 7 date of the enactment of this Act. 8 9 10 11 Subtitle B—Back to Work Child Care Grants SEC. 6101. BACK TO WORK CHILD CARE GRANTS. (a) PURPOSE.—The purpose of this section is to sup- 12 port the recovery of the United States economy by pro13 viding assistance to aid in reopening child care programs, 14 and maintaining the availability of child care in the United 15 States, so that parents can access safe care and return 16 to work. 17 (b) DEFINITIONS.—In this section: (1) COVID–19 18 PUBLIC HEALTH EMERGENCY.— 19 The term ‘‘COVID–19 public health emergency’’ 20 means the public health emergency declared by the 21 Secretary of Health and Human Services under sec- 22 tion 319 of the Public Health Service Act (42 23 U.S.C. 247d) on January 31, 2020, with respect to 24 COVID–19, including any renewal of such declara- 25 tion. HEN20945 MMS S.L.C. 167 1 2 (2) ELIGIBLE CHILD CARE PROVIDER.—The term ‘‘eligible child care provider’’ means— 3 (A) an eligible child care provider as de- 4 fined in section 658P(6)(A) of the Child Care 5 and Development Block Grant Act of 1990 (42 6 U.S.C. 9858n(6)(A)); and 7 8 9 10 11 (B) a child care provider that— (i) is license-exempt and operating legally in the State; (ii) is not providing child care services to relatives; and 12 (iii) satisfies State and local require- 13 ments, including those referenced in sec- 14 tion 658E(c)(2)(I) of the Child Care and 15 Development Block Grant Act of 1990 16 ((42 U.S.C. 9858c)(c)(2)(I)). 17 (3) INDIAN TRIBE; TRIBAL ORGANIZATION.— 18 The terms ‘‘Indian tribe’’ and ‘‘tribal organization’’ 19 have the meanings given the terms in section 658P 20 of the Child Care and Development Block Grant Act 21 of 1990 (42 U.S.C. 9858n). 22 (4) LEAD AGENCY.—The term ‘‘lead agency’’ 23 has the meaning given the term in section 658P of 24 the Child Care and Development Block Grant Act of 25 1990 (42 U.S.C. 9858n). HEN20945 MMS S.L.C. 168 1 (5) QUALIFIED CHILD CARE PROVIDER.—The 2 term ‘‘qualified child care provider’’ means an eligi- 3 ble child care provider with an application approved 4 under subsection (g) for the program involved. 5 6 (6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Health and Human Services. 7 (7) STATE.—The term ‘‘State’’ has the mean- 8 ing given the term in section 658P of the Child Care 9 and Development Block Grant Act of 1990 (42 10 U.S.C. 9858n). 11 (c) GRANTS FOR CHILD CARE PROGRAMS.—From 12 the funds appropriated to carry out this section, the Sec13 retary shall make Back to Work Child Care grants to 14 States, Indian tribes, and tribal organizations, that submit 15 notices of intent to provide assurances under subsection 16 (d)(2). The grants shall provide for subgrants to qualified 17 child care providers, for a transition period of not more 18 than 9 months to assist in paying for fixed costs and in19 creased operating expenses due to COVID–19, and to re20 enroll children in an environment that supports the health 21 and safety of children and staff. 22 (d) PROCESS FOR ALLOCATION OF FUNDS.— 23 (1) ALLOCATION.—Any funds that are appro- 24 priated to carry out this section shall be distributed 25 by the Secretary to the Administration for Children HEN20945 MMS S.L.C. 169 1 and Families for distribution under the Child Care 2 and Development Block Grant Act of 1990 (42 3 U.S.C. 9857 et seq.) in accordance with subsection 4 (e)(2) of this section. 5 (2) NOTICE.—Not later than 7 days after funds 6 are appropriated to carry out this section, the Sec- 7 retary shall provide to States, Indian tribes, and 8 tribal organizations a notice of funding availability, 9 for Back to Work Child Care grants under sub- 10 section (c) from allotments and payments under sub- 11 section (e)(2). The Secretary shall issue a notice of 12 the funding allocations for each State, Indian tribe, 13 and tribal organization not later than 14 days after 14 funds are appropriated to carry out this section. 15 (3) NOTICE OF INTENT.—Not later than 14 16 days after issuance of a notice of funding allocations 17 under paragraph (1), a State, Indian tribe, or tribal 18 organization that seeks such a grant shall submit to 19 the Secretary a notice of intent to provide assur- 20 ances for such grant. The notice of intent shall in- 21 clude a certification that the State, Indian tribe, or 22 tribal organization will repay the grant funds if such 23 State, Indian tribe, or tribal organization fails to 24 provide assurances that meet the requirements of 25 subsection (f) or to comply with such an assurance. HEN20945 MMS S.L.C. 170 1 (4) GRANTS TO LEAD AGENCIES.—The Sec- 2 retary may make grants under subsection (c) to the 3 lead agency of each State, Indian tribe, or tribal or- 4 ganization, upon receipt of the notice of intent to 5 provide assurances for such grant. 6 (5) PROVISION OF ASSURANCES.—Not later 7 than 15 days after receiving the grant, the State, In- 8 dian tribe, or tribal organization shall provide assur- 9 ances that meet the requirements of subsection (f). 10 (e) FEDERAL RESERVATION; ALLOTMENTS AND PAY- 11 MENTS.— 12 (1) RESERVATION.—The Secretary shall reserve 13 not more than 1 percent of the amount appropriated 14 to carry out this section to pay for the costs of the 15 Federal administration of this section. The amount 16 appropriated to carry out this section and reserved 17 under this paragraph shall remain available through 18 fiscal year 2021. 19 (2) ALLOTMENTS AND PAYMENTS.—The Sec- 20 retary shall use the remaining portion of such 21 amount to make allotments and payments, to States, 22 Indian tribes, and tribal organizations that submit 23 such a notice of intent to provide assurances, in ac- 24 cordance with paragraphs (1) and (2) of subsection 25 (a), and subsection (b), of section 658O of the Child HEN20945 MMS S.L.C. 171 1 Care and Development Block Grant Act of 1990 (42 2 U.S.C. 9858m), for the grants described in sub- 3 section (c). 4 (f) ASSURANCES.—A State, Indian tribe, or tribal or- 5 ganization that receives a grant under subsection (c) shall 6 provide to the Secretary assurances that the lead agency 7 will— 8 (1) require as a condition of subgrant funding 9 under subsection (g) that each eligible child care 10 provider applying for a subgrant from the lead agen- 11 cy— 12 (A) has been an eligible child care provider 13 in continuous operation and serving children 14 through a child care program immediately prior 15 to March 1, 2020; 16 (B) agree to follow all applicable State, 17 local, and tribal health and safety requirements 18 and, if applicable, enhanced protocols for child 19 care services and related to COVID–19 or an- 20 other health or safety condition; 21 (C) agree to comply with the documenta- 22 tion and reporting requirements under sub- 23 section (h); and 24 (D) certify in good faith that the child care 25 program of the provider will remain open for HEN20945 MMS S.L.C. 172 1 not less than 1 year after receiving such a 2 subgrant, unless such program is closed due to 3 extraordinary circumstances, including a state 4 of emergency declared by the Governor or a 5 major disaster or emergency declared by the 6 President under section 401 or 501, respec- 7 tively, of the Robert T. Stafford Disaster Relief 8 and Emergency Assistance Act (42 U.S.C. 9 5170, 5191); 10 (2) ensure eligible child care providers in urban, 11 suburban, and rural areas can readily apply for and 12 access funding under this section, which shall in- 13 clude the provision of technical assistance either di- 14 rectly or through resource and referral agencies or 15 staffed family child care provider networks; 16 (3) ensure that subgrant funds are made avail- 17 able to eligible child care providers regardless of 18 whether the eligible child care provider is providing 19 services for which assistance is made available under 20 the Child Care and Development Block Grant Act of 21 1990 (42 U.S.C. 9857 et seq.) at the time of appli- 22 cation for a subgrant; 23 (4) through at least December 31, 2020, con- 24 tinue to expend funds provided under the Child Care 25 and Development Block Grant Act of 1990 (42 HEN20945 MMS S.L.C. 173 1 U.S.C. 9857 et seq.) for the purpose of continuing 2 payments and assistance to qualified child care pro- 3 viders on the basis of applicable reimbursements 4 prior to March 2020; 5 (5) undertake a review of burdensome State, 6 local, and tribal regulations and requirements that 7 hinder the opening of new licensed child care pro- 8 grams to meet the needs of the working families in 9 the State or tribal community, as applicable; 10 (6) make available to the public, which shall in- 11 clude, at a minimum, posting to an internet website 12 of the lead agency— 13 (A) notice of funding availability through 14 subgrants for qualified child care providers 15 under this section; and 16 (B) the criteria for awarding subgrants for 17 qualified child care providers, including the 18 methodology the lead agency used to determine 19 and disburse funds in accordance with subpara- 20 graphs (D) and (E) of subsection (g)(4); and 21 (7) ensure the maintenance of a delivery system 22 of child care services throughout the State that pro- 23 vides for child care in a variety of settings, including 24 the settings of family child care providers. 25 (g) LEAD AGENCY USE OF FUNDS.— HEN20945 MMS S.L.C. 174 1 (1) IN GENERAL.—A lead agency that receives 2 a Back to Work Child Care grant under this sec- 3 tion— 4 (A) shall use a portion that is not less 5 than 94 percent of the grant funds to award 6 subgrants to qualified child care providers as 7 described in the lead agency’s assurances pur- 8 suant to subsection (f); 9 10 (B) shall reserve not more than 6 percent of the funds to— 11 (i) use not less than 1 percent of the 12 funds to provide technical assistance and 13 support in applying for and accessing 14 funding through such subgrants to eligible 15 child care providers, including to rural pro- 16 viders, family child care providers, and 17 providers with limited administrative ca- 18 pacity; and 19 20 (ii) use the remainder of the reserved funds to— 21 (I) administer subgrants to quali- 22 fied child care providers under para- 23 graph (4), which shall include moni- 24 toring the compliance of qualified 25 child care providers with applicable HEN20945 MMS S.L.C. 175 1 State, local, and tribal health and 2 safety requirements; and 3 (II) comply with the reporting 4 and documentation requirements de- 5 scribed in subsection (h); and 6 (C)(i) shall not make more than 1 7 subgrant under paragraph (4) to a child care 8 provider, except as described in clause (ii); and 9 (ii) may make multiple subgrants to a 10 qualified child care provider, if the lead agency 11 makes each subgrant individually for 1 child 12 care program operated by the provider and the 13 funds from the multiple subgrants are not 14 pooled for use for more than 1 of the programs. 15 (2) ROLE OF THIRD PARTY.—The lead agency 16 may designate a third party, such as a child care re- 17 source and referral agency, to carry out the respon- 18 sibilities of the lead agency, and oversee the activi- 19 ties conducted by qualified child care providers 20 under this subsection. 21 22 23 (3) OBLIGATION AND RETURN OF FUNDS.— (A) OBLIGATION.— (i) IN GENERAL.—The lead agency 24 shall obligate at least 50 percent of the 25 grant funds in the portion described in HEN20945 MMS S.L.C. 176 1 paragraph (1)(A) for subgrants to quali- 2 fied child care providers by the day that is 3 6 months after the date of enactment of 4 this Act. 5 (ii) WAIVERS.—At the request of a 6 State, Indian tribe, or tribal organization, 7 and for good cause shown, the Secretary 8 may waive the requirement under clause (i) 9 for the State, Indian tribe, or tribal orga- 10 nization. 11 (B) RETURN OF FUNDS.—Not later than 12 the date that is 12 months after a grant is 13 awarded to a lead agency in accordance with 14 this section, the lead agency shall return to the 15 Secretary any of the grant funds that are not 16 obligated by the lead agency by such date. The 17 Secretary shall return any funds received under 18 this subparagraph to the Treasury of the 19 United States. 20 (4) SUBGRANTS.— 21 (A) IN GENERAL.—A lead agency that re- 22 ceives a grant under subsection (c) shall make 23 subgrants to qualified child care providers to 24 assist in paying for fixed costs and increased 25 operating expenses, for a transition period of HEN20945 MMS S.L.C. 177 1 not more than 9 months, so that parents have 2 a safe place for their children to receive child 3 care as the parents return to the workplace. 4 5 (B) USE OF FUNDS.—A qualified child care provider may use subgrant funds for— 6 (i) sanitation and other costs associ- 7 ated with cleaning the facility, including 8 deep cleaning in the case of an outbreak of 9 COVID–19, of a child care program used 10 to provide child care services; 11 (ii) recruiting, retaining, and compen- 12 sating child care staff, including providing 13 professional development to the staff re- 14 lated to child care services and applicable 15 State, local, and tribal health and safety 16 requirements and, if applicable, enhanced 17 protocols for child care services and related 18 to COVID–19 or another health or safety 19 condition; 20 (iii) paying for fixed operating costs 21 associated with providing child care serv- 22 ices, including the costs of payroll, the con- 23 tinuation of existing (as of March 1, 2020) 24 employee benefits, mortgage or rent, utili- 25 ties, and insurance; HEN20945 MMS S.L.C. 178 1 (iv) acquiring equipment and supplies 2 (including personal protective equipment) 3 necessary to provide child care services in 4 a manner that is safe for children and 5 staff in accordance with applicable State, 6 local, and tribal health and safety require- 7 ments; 8 (v) replacing materials that are no 9 longer safe to use as a result of the 10 COVID–19 public health emergency; 11 (vi) making facility changes and re- 12 pairs to address enhanced protocols for 13 child care services related to COVID–19 or 14 another health or safety condition, to en- 15 sure children can safely occupy a child care 16 facility; 17 (vii) purchasing or updating equip- 18 ment and supplies to serve children during 19 nontraditional hours; 20 (viii) adapting the child care program 21 or curricula to accommodate children who 22 have not had recent access to a child care 23 setting; HEN20945 MMS S.L.C. 179 1 (ix) carrying out any other activity re- 2 lated to the child care program of a quali- 3 fied child care provider; and 4 (x) reimbursement of expenses in- 5 curred before the provider received a 6 subgrant under this paragraph, if the use 7 for which the expenses are incurred is de- 8 scribed in any of clauses (i) though (ix) 9 and is disclosed in the subgrant application 10 for such subgrant. 11 (C) SUBGRANT APPLICATION.—To be 12 qualified to receive a subgrant under this para- 13 graph, an eligible child care provider shall sub- 14 mit an application to the lead agency in such 15 form and containing such information as the 16 lead agency may reasonably require, includ- 17 ing— 18 (i) a budget plan that includes— 19 (I) information describing how 20 the eligible child care provider will use 21 the subgrant funds to pay for fixed 22 costs and increased operating ex- 23 penses, including, as applicable, pay- 24 roll, employee benefits, mortgage or HEN20945 MMS S.L.C. 180 1 rent, utilities, and insurance, de- 2 scribed in subparagraph (B)(iii); 3 (II) data on current operating 4 capacity, taking into account previous 5 operating capacity for a period of time 6 prior to the COVID–19 public health 7 emergency, and updated group size 8 limits and staff-to-child ratios; 9 (III) child care enrollment, at- 10 tendance, and revenue projections 11 based on current operating capacity 12 and previous enrollment and revenue 13 for the period described in subclause 14 (II); and 15 (IV) a demonstration of how the 16 subgrant funds will assist in pro- 17 moting the long-term viability of the 18 eligible child care provider and how 19 the eligible child care provider will 20 sustain its operations after the ces- 21 sation of funding under this section; 22 (ii) assurances that the eligible child 23 care provider will— 24 (I) report to the lead agency, be- 25 fore every month for which the HEN20945 MMS S.L.C. 181 1 subgrant funds are to be received, 2 data on current financial characteris- 3 tics, including revenue, and data on 4 current average enrollment and at- 5 tendance; 6 (II) not artificially suppress rev- 7 enue, enrollment, or attendance for 8 the purposes of receiving subgrant 9 funding; 10 (III) provide the necessary docu- 11 mentation under subsection (h) to the 12 lead agency, including providing docu- 13 mentation of expenditures of subgrant 14 funds; and 15 (IV) implement all applicable 16 State, local, and tribal health and 17 safety requirements and, if applicable, 18 enhanced protocols for child care serv- 19 ices and related to COVID–19 or an- 20 other health or safety condition; and 21 (iii) a certification in good faith that 22 the child care program will remain open 23 for not less than 1 year after receiving a 24 subgrant under this paragraph, unless 25 such program is closed due to extraor- HEN20945 MMS S.L.C. 182 1 dinary circumstances described in sub- 2 section (f)(1)(D). 3 (D) SUBGRANT DISBURSEMENT.—In pro- 4 viding funds through a subgrant under this 5 paragraph— 6 (i) the lead agency shall— 7 (I) disburse such subgrant funds 8 to a qualified child care provider in 9 installments made not less than once 10 monthly; 11 (II) disburse a subgrant install- 12 ment for a month after the qualified 13 child care provider has provided, be- 14 fore that month, the enrollment, at- 15 tendance, and revenue data required 16 under subparagraph (C)(ii)(I) and, if 17 applicable, current operating capacity 18 data required under subparagraph 19 (C)(i)(II); and 20 (III) make subgrant installments 21 to any qualified child care provider for 22 a period of not more than 9 months; 23 and 24 (ii) the lead agency may, notwith- 25 standing subparagraph (E)(i), disburse an HEN20945 MMS S.L.C. 183 1 initial subgrant installment to a provider 2 in a greater amount than that subpara- 3 graph provides for, and adjust the suc- 4 ceeding installments, as applicable. 5 (E) SUBGRANT 6 INSTALLMENT AMOUNT.— The lead agency— 7 (i) shall determine the amount of a 8 subgrant installment under this paragraph 9 by basing the amount on— 10 (I)(aa) at a minimum, the fixed 11 costs associated with the provision of 12 child care services by a qualified child 13 care provider; and 14 (bb) at the election of the lead 15 agency, an additional amount deter- 16 mined by the State, for the purposes 17 of assisting qualified child care pro- 18 viders with, as applicable, increased 19 operating costs and lost revenue, asso- 20 ciated with the COVID–19 public 21 health emergency; and 22 (II) any other methodology that 23 the lead agency determines to be ap- 24 propriate, and which is disclosed in HEN20945 MMS S.L.C. 184 1 reporting submitted by the lead agen- 2 cy under subsection (f)(6)(B); 3 (ii) shall ensure that, for any period 4 for which subgrant funds are disbursed 5 under this paragraph, no qualified child 6 care provider receives a subgrant install- 7 ment that when added to current revenue 8 for that period exceeds the revenue for the 9 corresponding period 1 year prior; and 10 (iii) may factor in decreased operating 11 capacity due to updated group size limits 12 and staff-to-child ratios, in determining 13 subgrant installment amounts. 14 (F) REPAYMENT OF SUBGRANT FUNDS.— 15 A qualified child care provider that receives a 16 subgrant under this paragraph shall be required 17 to repay the subgrant funds if the lead agency 18 determines that the provider fails to provide the 19 assurances 20 (C)(ii)(II), or to comply with such an assur- 21 ance. 22 (5) SUPPLEMENT described in subparagraph NOT SUPPLANT.—Amounts 23 made available to carry out this section shall be used 24 to supplement and not supplant other Federal, 25 State, tribal, and local public funds expended to pro- HEN20945 MMS S.L.C. 185 1 vide child care services, including funds provided 2 under the Child Care and Development Block Grant 3 Act of 1990 (42 U.S.C. 9857 et seq.) and State and 4 tribal child care programs. 5 (h) DOCUMENTATION 6 AND REPORTING REQUIRE- MENTS.— 7 (1) DOCUMENTATION.—A State, Indian tribe, 8 or tribal organization receiving a grant under sub- 9 section (c) shall provide documentation of any State 10 or tribal expenditures from grant funds received 11 under subsection (c) in accordance with section 12 658K(b) of the Child Care Development Block 13 Grant Act of 1990 (42 U.S.C. 9858i(b)), and to the 14 independent entity described in that section. 15 16 (2) REPORTS.— (A) LEAD AGENCY REPORT.—A lead agen- 17 cy receiving a grant under subsection (c) shall, 18 not later than 12 months after receiving such 19 grant, submit a report to the Secretary that in- 20 cludes for the State or tribal community in- 21 volved a description of the program of sub- 22 grants carried out to meet the objectives of this 23 section, including— 24 25 (i) a description of how the lead agency determined— HEN20945 MMS S.L.C. 186 1 (I) the criteria for awarding sub- 2 grants for qualified child care pro- 3 viders, including the methodology the 4 lead agency used to determine and 5 disburse funds in accordance with 6 subparagraphs (D) and (E) of sub- 7 section (g)(4); and 8 (II) the types of providers that 9 received priority for the subgrants, in- 10 cluding considerations related to— 11 (aa) setting; 12 (bb) average monthly reve- 13 nues, enrollment, and attendance, 14 before and during the COVID–19 15 public 16 after the expiration of State, 17 local, and tribal stay-at-home or- 18 ders; and 19 (cc) health emergency geographically and based 20 child care service needs across 21 the State or tribal community; 22 and 23 (ii) the number of eligible child care 24 providers in operation and serving children 25 on March 1, 2020, and the average num- HEN20945 MMS S.L.C. 187 1 ber of such providers for March 2020 and 2 each 3 disaggregated by age of children served, 4 geography, region, center-based child care 5 setting, and family child care setting; of the 11 months following, 6 (iii) the number of child care slots, in 7 the capacity of a qualified child care pro- 8 vider given applicable group size limits and 9 staff-to-child ratios, that were open for at- 10 tendance of children on March 1, 2020, 11 the average number of such slots for 12 March 2020 and each of 11 months fol- 13 lowing, disaggregated by age of children 14 served, geography, region, center-based 15 child care setting, and family child care 16 setting; 17 (iv)(I) the number of qualified child 18 care providers that received a subgrant 19 under subsection (g)(4), disaggregated by 20 age of children served, geography, region, 21 center-based child care setting, and family 22 child care setting, and the average and 23 range of the amounts of the subgrants 24 awarded; and HEN20945 MMS S.L.C. 188 1 (II) the percentage of all eligible child 2 care providers that are qualified child care 3 providers that received such a subgrant, 4 disaggregated as described in subclause 5 (I); and 6 (v) information concerning how quali- 7 fied child care providers receiving sub- 8 grants under subsection (g)(4) used the 9 subgrant funding received, disaggregated 10 by the allowable uses of funds described in 11 subsection (g)(4)(B). 12 (B) REPORT TO CONGRESS.—Not later 13 than 90 days after receiving the lead agency re- 14 ports required under subparagraph (A), the 15 Secretary shall make publicly available and pro- 16 vide to the Committee on Health, Education, 17 Labor, and Pensions of the Senate and the 18 Committee on Education and Labor of the 19 House of Representatives a report summarizing 20 the findings of the lead agency reports. 21 (i) AUTHORIZATION OF APPROPRIATIONS.—There 22 are authorized to be appropriated such sums as may be 23 necessary to carry out the activities under this section. 24 (j) EXCLUSION FROM INCOME.—For purposes of the 25 Internal Revenue Code of 1986, gross income shall not HEN20945 MMS S.L.C. 189 1 include any amount received by a qualified child care pro2 vider under this section. 5 TITLE VII—PANDEMIC PREPARATION AND STRATEGIC STOCKPILE 6 SEC. 7001. SUSTAINED ON-SHORE MANUFACTURING CAPAC- 3 4 7 8 ITY FOR PUBLIC HEALTH EMERGENCIES. (a) IN GENERAL.—Section 319L of the Public 9 Health Service Act (42 U.S.C. 247d–7e) is amended— 10 11 12 13 14 (1) in subsection (a)(6)(B)— (A) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; (B) by inserting after clause (iii), the following: 15 ‘‘(iv) activities to support domestic 16 manufacturing surge capacity of products 17 or platform technologies, including manu- 18 facturing capacity and capabilities to uti- 19 lize platform technologies to provide for 20 flexible manufacturing initiatives;’’; and 21 (C) in clause (vi) (as so redesginated), by 22 inserting ‘‘manufacture,’’ after ‘‘improvement,’’; 23 (2) in subsection (b)— 24 (A) in the first sentence of paragraph (1), 25 by inserting ‘‘support for domestic manufac- HEN20945 MMS S.L.C. 190 1 turing surge capacity,’’ after ‘‘initiatives for in- 2 novation,’’; and 3 4 5 6 7 8 9 (B) in paragraph (2)— (i) in subparagraph (B), by striking ‘‘and’’ at the end; (ii) by redesignating subparagraph (C) as subparagraph (D); and (iii) by inserting after subparagraph (B), the following: 10 ‘‘(C) activities to support manufacturing 11 surge capacities and capabilities to increase the 12 availability of existing medical countermeasures 13 and utilize existing novel platforms to manufac- 14 ture new medical countermeasures to meet 15 manufacturing demands to address threats that 16 pose a significant level of risk to national secu- 17 rity; and’’; 18 (3) in subsection (c)— 19 20 21 22 23 24 25 (A) in paragraph (2)— (i) in subparagraph (C), by striking ‘‘and’’ at the end; (ii) in subparagraph (D), by striking the period and inserting ‘‘; and’’; and (iii) by adding at the end the following: HEN20945 MMS S.L.C. 191 1 ‘‘(E) promoting domestic manufacturing 2 surge capacity and capabilities for counter- 3 measure advanced research and development, 4 including facilitating contracts to support flexi- 5 ble or surge manufacturing.’’; 6 7 8 9 10 11 12 (B) in paragraph (4)— (i) in subparagraph (B)— (I) in clause (iii), by striking ‘‘and’’ at the end; (II) in clause (iv), by striking the period and inserting ‘‘; and’’; and (III) by adding at the end the 13 following: 14 ‘‘(v) support and maintain domestic 15 manufacturing surge capacity and capabili- 16 ties, including through contracts to sup- 17 port flexible or surge manufacturing, to en- 18 sure that additional production of counter- 19 measures is available in the event that the 20 Secretary determines there is such a need 21 for additional production.’’; 22 23 24 (ii) in subparagraph (D)— (I) in clause (ii), by striking ‘‘and’’ at the end; HEN20945 MMS S.L.C. 192 (II) by redesignating clause (iii) 1 2 as clause (iv); and (III) by inserting after clause (ii) 3 4 the following: 5 ‘‘(iii) research to advance manufac- 6 turing capacities and capabilities for med- 7 ical countermeasures and platform tech- 8 nologies that may be utilized for medical 9 countermeasures; and’’; and 10 (iii) in subparagraph (E), by striking 11 clause (ix); and 12 (C) in paragraph (7)(C)(i), by striking ‘‘up 13 to 100 highly qualified individuals, or up to 50 14 percent of the total number of employees, 15 whichever is less,’’ and inserting ‘‘75 percent of 16 the total number of employees’’; 17 (4) in subsection (e)(1)— 18 (A) by redesignating subparagraphs (B) 19 through (D) as subparagraphs (C) through (E), 20 respectively; and 21 22 23 (B) by inserting after subparagraph (A), the following: ‘‘(B) TEMPORARY FLEXIBILITY.—During a 24 public health emergency under section 319, the 25 Secretary shall be provided with an additional HEN20945 MMS S.L.C. 193 1 60 business days to comply with information re- 2 quests for the disclosure of information under 3 section 552 of title 5, United States Code, re- 4 lated to the activities under this section (unless 5 such activities are otherwise exempt under sub- 6 paragraph (A)).’’; and 7 (5) in subsection (f)— 8 (A) in paragraph (1), by striking ‘‘Not 9 later than 180 days after the date of enactment 10 of this subsection’’ and inserting ‘‘Not later 11 than 180 days after the date of enactment of 12 the Delivering Immediate Relief to America’s 13 Families, Schools and Small Businesses Act’’; 14 and 15 (B) in paragraph (2), by striking ‘‘Not 16 later than 1 year after the date of enactment of 17 this subsection’’ and inserting ‘‘Not later than 18 1 year after the date of enactment of 19 theDelivering Immediate Relief to America’s 20 Families, Schools and Small Businesses Act’’. 21 22 (b) MEDICAL COUNTERMEASURE INNOVATION PARTNER.—The restrictions under section 202 of division A of 23 the Further Consolidated Appropriations Act, 2020 (Pub24 lic Law 116–94), or any other provision of law imposing 25 a restriction on salaries of individuals related to a previous HEN20945 MMS S.L.C. 194 1 appropriation to the Department of Health and Human 2 Services, shall not apply with respect to salaries paid pur3 suant to an agreement under the medical countermeasure 4 innovation partner program under section 319L(c)(4)(E) 5 of the Public Health Service Act (42 U.S.C. 247d– 6 7e(c)(4)(E)). 7 SEC. 7002. IMPROVING AND SUSTAINING STATE MEDICAL 8 9 STOCKPILES. Section 319F–2 of the Public Health Service Act (42 10 U.S.C. 247d–6b) is amended by adding at the end the fol11 lowing: 12 ‘‘(i) IMPROVING AND MAINTAINING STATE MEDICAL 13 STOCKPILES.— 14 ‘‘(1) IN GENERAL.—The Secretary, acting 15 through the Assistant Secretary for Preparedness 16 and Response, shall award grants, contracts, or co- 17 operative agreements to eligible entities to maintain 18 a stockpile of appropriate drugs, vaccines and other 19 biological products, medical devices, and other med- 20 ical supplies (including personal protective equip- 21 ment, ancillary medical supplies, and other applica- 22 ble supplies required for the administration of drugs, 23 vaccines and other biological products, medical de- 24 vices, and diagnostic tests) to be used during a pub- 25 lic health emergency declared by the Governor of a HEN20945 MMS S.L.C. 195 1 State or by the Secretary under section 319, or a 2 major disaster or emergency declared by the Presi- 3 dent under section 401 or 501, respectively, of the 4 Robert T. Stafford Disaster Relief and Emergency 5 Assistance Act, in order to support the preparedness 6 goals described in paragraphs (2), (3), and (8) of 7 section 2802(b). 8 9 ‘‘(2) ELIGIBLE ‘‘(A) IN ENTITIES.— GENERAL.—To be eligible to re- 10 ceive an award under paragraph (1), an entity 11 shall— 12 ‘‘(i) be a State or consortium of 13 States that is a recipient of an award 14 under section 319C–1(b); and 15 ‘‘(ii) prepare, in consultation with ap- 16 propriate health care providers and health 17 officials within the State or consortium of 18 States, and submit to the Secretary an ap- 19 plication that contains such information as 20 the Secretary may require, including a 21 plan for the State stockpile and a descrip- 22 tion of the activities such entity will carry 23 out under the agreement, consistent with 24 the requirements of paragraph (3). HEN20945 MMS S.L.C. 196 1 ‘‘(B) LIMITATION.—The Secretary may 2 make an award under this subsection to not 3 more than one eligible entity in each State. 4 ‘‘(C) SUPPLEMENT NOT SUPPLANT.— 5 Awards, contracts, or grants awarded under 6 this subsection shall supplement, not supplant, 7 the reserve amounts of medical supplies pro- 8 cured by and for the Strategic National Stock- 9 pile under subsection (a). 10 ‘‘(D) ADMINISTRATIVE EXPENSES.—Not 11 more than 5 percent of amounts received by an 12 entity pursuant to an award under this sub- 13 section may be used for administrative ex- 14 penses. 15 ‘‘(E) CLARIFICATION.—An eligible entity 16 receiving an award under this subsection may 17 assign a lead entity to manage the State stock- 18 pile, which may be a recipient of an award 19 under section 319C–2(b). 20 ‘‘(F) 21 FUNDS.— 22 REQUIREMENT ‘‘(i) IN OF MATCHING GENERAL.—Subject to clause 23 (ii), the Secretary may not make an award 24 under this subsection unless the applicant 25 agrees, with respect to the costs to be in- HEN20945 MMS S.L.C. 197 1 curred by the applicant in carrying out the 2 purpose described in this subsection, to 3 make available non-Federal contributions 4 toward such costs in an amount equal to— 5 ‘‘(I) for each of fiscal years 2023 6 and 2024, not less than $1 for each 7 $10 of Federal funds provided in the 8 award; 9 ‘‘(II) for each of fiscal years 10 2025 and 2026, not less than $1 for 11 each $5 of Federal funds provided in 12 the award; and 13 ‘‘(III) for fiscal year 2027 and 14 each fiscal year thereafter, not less 15 than $1 for each $3 of Federal funds 16 provided in the award. 17 ‘‘(ii) WAIVER.— 18 ‘‘(I) IN GENERAL.—The Sec- 19 retary may, upon the request of a 20 State, waive the requirement under 21 clause (i) in whole or in part if the 22 Secretary determines that extraor- 23 dinary economic conditions in the 24 State in the fiscal year involved or in HEN20945 MMS S.L.C. 198 1 the previous fiscal year justify the 2 waiver. ‘‘(II) APPLICABILITY 3 OF WAIV- 4 ER.—A 5 retary under this subparagraph shall 6 apply only to the fiscal year involved. 7 waiver provided by the Sec- ‘‘(3) STOCKPILING ACTIVITIES AND REQUIRE- 8 MENTS.—A 9 ative agreement under this subsection shall use such 10 recipient of a grant, contract, or cooper- funds to carry out the following: 11 ‘‘(A) Maintaining a stockpile of appro- 12 priate drugs, vaccines and other biological prod- 13 ucts, medical devices, and other supplies (in- 14 cluding personal protective equipment, ancillary 15 medical supplies, and other applicable supplies 16 required for the administration of drugs, vac- 17 cines and other biological products, medical de- 18 vices, and diagnostic tests) to be used during a 19 public health emergency in such numbers, 20 types, and amounts as the State determines 21 necessary, consistent with such State’s stockpile 22 plan. Such a recipient may not use funds to 23 support the stockpiling of countermeasures as 24 defined under subsection (c), unless the eligible 25 entity provides justification for maintaining HEN20945 MMS S.L.C. 199 1 such products and the Secretary determines 2 such appropriate and applicable. 3 ‘‘(B) Deploying the stockpile as required 4 by the State to respond to an actual or poten- 5 tial public health emergency. 6 ‘‘(C) Replenishing and making necessary 7 additions or modifications to the contents of 8 such stockpile or stockpiles, including to ad- 9 dress potential depletion. 10 ‘‘(D) In consultation with Federal, State, 11 and local officials, take into consideration the 12 availability, deployment, dispensing, and admin- 13 istration requirements of medical products with- 14 in the stockpile. 15 ‘‘(E) Ensuring that procedures are fol- 16 lowed for inventory management and account- 17 ing, and for the physical security of the stock- 18 pile, as appropriate. 19 ‘‘(F) Reviewing and revising, as appro- 20 priate, the contents of the stockpile on a reg- 21 ular basis to ensure that to the extent prac- 22 ticable, advanced technologies and medical 23 products are considered. 24 ‘‘(G) Carrying out exercises, drills, and 25 other training for purposes of stockpile deploy- HEN20945 MMS S.L.C. 200 1 ment, dispensing, and administration of medical 2 products, and for purposes of assessing the ca- 3 pability of such stockpile to address the medical 4 supply needs of public health emergencies of 5 varying types and scales, which may be con- 6 ducted in accordance with requirements related 7 to exercises, drills, and other training for recipi- 8 ents of awards under section 319C–1 or 319C– 9 2, as applicable. 10 ‘‘(H) Carrying out other activities as the 11 State determines appropriate, to support State 12 efforts to prepare for, and respond to, public 13 health threats. 14 ‘‘(4) STATE PLAN COORDINATION.—The eligible 15 entity under this subsection shall ensure appropriate 16 coordination of the State stockpile plan developed 17 pursuant to paragraph (2)(A)(ii) and the plans re- 18 quired pursuant to section 319C–1. 19 ‘‘(5) GUIDANCE FOR STATES.—Not later than 20 180 days after the date of enactment of this sub- 21 section, the Secretary, acting through the Assistant 22 Secretary for Preparedness and Response, shall 23 issue guidance for States related to maintaining and 24 replenishing a stockpile of medical products. The 25 Secretary shall update such guidance as appropriate. HEN20945 MMS S.L.C. 201 1 ‘‘(6) ASSISTANCE TO STATES.—The Secretary 2 shall provide assistance to States, including technical 3 assistance, as appropriate, to maintain and improve 4 State and local public health preparedness capabili- 5 ties to distribute and dispense medical products 6 from a State stockpile. 7 ‘‘(7) COORDINATION WITH THE STRATEGIC NA- 8 TIONAL STOCKPILE.—Each 9 under this subsection shall ensure that the State 10 stockpile plan developed pursuant to paragraph 11 (2)(A)(ii) contains such information as the Secretary 12 may require related to current inventory of supplies 13 maintained pursuant to paragraph (3), and any 14 plans to replenish such supplies, or procure new or 15 alternative supplies. The Secretary shall use infor- 16 mation obtained from State stockpile plans to inform 17 the maintenance and management of the Strategic 18 National Stockpile pursuant to subsection (a). 19 20 ‘‘(8) PERFORMANCE ‘‘(A) IN recipient of an award AND ACCOUNTABILITY.— GENERAL.—The Secretary, acting 21 through the Assistant Secretary for Prepared- 22 ness and Response, shall develop and implement 23 a process to review and audit entities in receipt 24 of an award under this subsection, including by 25 establishing metrics to ensure that each entity HEN20945 MMS S.L.C. 202 1 receiving such an award is carrying out activi- 2 ties in accordance with the applicable State 3 stockpile plan. The Secretary may require enti- 4 ties to— ‘‘(i) measure progress toward achiev- 5 ing the outcome goals; and 6 7 ‘‘(ii) at least annually, test, exercise, 8 and rigorously evaluate the stockpile ca- 9 pacity and response capabilities of the enti- 10 ty, and report to the Secretary on the re- 11 sults of such test, exercise, and evaluation, 12 and on progress toward achieving outcome 13 goals, based on criteria established by the 14 Secretary. 15 ‘‘(B) NOTIFICATION OF FAILURE.—The 16 Secretary shall develop and implement a proc- 17 ess to notify entities that are determined by the 18 Secretary to have failed to meet the require- 19 ments of the terms of an award under this sub- 20 section. Such process shall provide such entities 21 with the opportunity to correct such noncompli- 22 ance. An entity that fails to correct such non- 23 compliance shall be subject to subparagraph 24 (C). HEN20945 MMS S.L.C. 203 ‘‘(C) WITHHOLDING 1 OF CERTAIN AMOUNTS 2 FROM 3 BENCHMARKS OR SUBMIT STATE STOCKPILE 4 PLAN.—Beginning 5 each succeeding fiscal year, the Secretary shall 6 withhold from each entity that has failed sub- 7 stantially to meet the terms of an award under 8 this subsection for at least 1 of the 2 imme- 9 diately preceding fiscal years (beginning with 10 fiscal year 2022), the amount allowed for ad- 11 ministrative expenses described in described in 12 paragraph (2)(D). 13 ‘‘(9) AUTHORIZATION ENTITIES THAT FAIL TO ACHIEVE with fiscal year 2022, and in OF APPROPRIATIONS.— 14 For the purpose of carrying out this subsection, 15 there 16 $1,000,000,000 for each of fiscal years 2021 17 through 2030, to remain available until expended.’’. 18 SEC. 7003. STRENGTHENING THE STRATEGIC NATIONAL 19 20 are authorized to be appropriated STOCKPILE. Section 319F–2 of the Public Health Service Act (42 21 U.S.C. 247d–6b) is amended— 22 (1) in subsection (a)— 23 (A) in paragraph (2)(A), by adding ‘‘and 24 the contracts issued under paragraph (5)’’ after 25 ‘‘paragraph (1)’’ HEN20945 MMS S.L.C. 204 1 (B) in paragraph (3)(F), by striking ‘‘Sec- 2 retary of Homeland Security’’ and inserting 3 ‘‘Secretary of Health and Human Services, in 4 coordination with or at the request of, the Sec- 5 retary of Homeland Security,’’; 6 7 8 9 10 (C) by redesignating paragraph (5) as paragraph (6); (D) by inserting after paragraph (4) the following: ‘‘(5) SURGE CAPACITY.—The Secretary, in 11 maintaining the stockpile under paragraph (1) and 12 carrying out procedures under paragraph (3), may— 13 ‘‘(A) enter into contracts or cooperative 14 agreements with vendors for procurement, 15 maintenance, and storage of reserve amounts of 16 drugs, vaccines and other biological products, 17 medical devices, and other medical supplies (in- 18 cluding personal protective equipment, ancillary 19 medical supplies, and other applicable supplies 20 required for the administration of drugs, vac- 21 cines and other biological products, medical de- 22 vices, and diagnostic tests in the stockpile), 23 under such terms and conditions (including 24 quantity, production schedule, maintenance HEN20945 MMS S.L.C. 205 1 costs, and price of product) as the Secretary 2 may specify, including for purposes of— 3 ‘‘(i) maintenance and storage of re- 4 serve amounts of products intended to be 5 delivered to the ownership of the Federal 6 Government under the contract, which may 7 consider costs of shipping, or otherwise 8 transporting, handling, storage, and re- 9 lated costs for such product or products; 10 and 11 ‘‘(ii) maintaining domestic manufac- 12 turing capacity of such products to ensure 13 additional reserved production capacity of 14 such products is available, and that such 15 products are provided in a timely manner, 16 to be delivered to the ownership of the 17 Federal Government under the contract 18 and deployed in the event that the Sec- 19 retary determines that there is a need to 20 quickly purchase additional quantities of 21 such product; and 22 ‘‘(B) promulgate such regulations as the 23 Secretary determines necessary to implement 24 this paragraph.’’; and HEN20945 MMS S.L.C. 206 1 2 3 4 5 6 7 8 (E) in subparagraph (A) of paragraph (6), as so redesignated— (i) in clause (viii), by striking ‘‘; and’’ and inserting a semicolon; (ii) in clause (ix), by striking the period and inserting ‘‘; and’’; and (iii) by adding at the end the following: 9 ‘‘(x) an assessment of the contracts or 10 cooperative agreements entered into pursu- 11 ant to paragraph (5).’’; and 12 (2) in subsection (c)(2)(C), by striking ‘‘on an 13 annual basis’’ and inserting ‘‘not later than March 14 15 of each year’’. 15 16 TITLE VIII—CORONAVIRUS RELIEF FUND EXTENSION 17 SEC. 8001. EXTENSION OF PERIOD TO USE CORONAVIRUS 18 19 RELIEF FUND PAYMENTS. Section 601(d)(3) of the Social Security Act (42 20 U.S.C. 801(d)(3)) is amended by striking ‘‘December 30, 21 2020’’ and inserting ‘‘September 30, 2021’’. HEN20945 MMS S.L.C. 207 1 TITLE IX—CHARITABLE GIVING 2 SEC. 9001. INCREASE IN LIMITATION ON PARTIAL ABOVE 3 THE 4 CONTRIBUTIONS. LINE 5 (a) INCREASE.— 6 (1) IN DEDUCTION FOR GENERAL.—Paragraph CHARITABLE (22) of section 7 62(a) of the Internal Revenue Code of 1986 is 8 amended to read as follows: ‘‘(22) CHARITABLE 9 CONTRIBUTIONS.—In the 10 case of a taxable year beginning in 2020 of an indi- 11 vidual to whom section 63(b) applies for such tax- 12 able year, the deduction under section 170(a) (deter- 13 mined without regard to section 170(b)) for qualified 14 charitable contributions (not in excess of the applica- 15 ble amount).’’. (2) APPLICABLE 16 AMOUNT.—Paragraph (1) of 17 section 62(f) of the Internal Revenue Code of 1986 18 is amended to read as follows: ‘‘(1) APPLICABLE 19 AMOUNT.—The term ‘applica- 20 ble amount’ means $600 (twice such amount in the 21 case of a joint return).’’. (3) 22 CONFORMING AMENDMENT.—Section 23 62(f)(2)(B) of such Code is amended by striking 24 ‘‘(determined without regard to subsection (b) there- 25 of)’’. HEN20945 MMS S.L.C. 208 (b) PENALTY 1 2 TO FOR UNDERPAYMENTS ATTRIBUTABLE OVERSTATED DEDUCTION.— (1) IN 3 GENERAL.—Section 6662(b) of the In- 4 ternal Revenue Code of 1986 is amended by insert- 5 ing after paragraph (8) the following: ‘‘(9) Any overstatement of qualified charitable 6 7 contributions (as defined in section 62(f)).’’. (2) INCREASED 8 9 6662 of such Code is amended by adding at the end the fol- 10 lowing new subsection: 11 ‘‘(l) INCREASE 12 PENALTY.—Section MENT OF IN PENALTY IN CASE OF OVERSTATE- QUALIFIED CHARITABLE CONTRIBUTIONS.—In 13 the case of any portion of an underpayment which is at14 tributable to one or more overstatements of a qualified 15 charitable contribution (as defined in section 62(f)), sub16 section (a) shall be applied with respect to such portion 17 by substituting ‘50 percent’ for ‘20 percent’.’’. 18 (3) EXCEPTION TO APPROVAL OF ASSESS- 19 MENT.—Section 6751(b)(2)(A) is amended by strik- 20 ing ‘‘or 6655’’ and inserting ‘‘6655, or 6662 (but 21 only with respect to an addition to tax by reason of 22 subsection (b)(9) thereof)’’. 23 (c) EFFECTIVE DATE.—The amendments made by 24 this section shall apply to taxable years beginning after 25 December 31, 2019. HEN20945 MMS S.L.C. 209 1 2 3 4 5 TITLE X—CRITICAL MINERALS SEC. 10001. MINERAL SECURITY. (a) DEFINITIONS.—In this section: (1) BYPRODUCT.—The term ‘‘byproduct’’ means a critical mineral— 6 (A) the recovery of which depends on the 7 production of a host mineral that is not des- 8 ignated as a critical mineral; and 9 (B) that exists in sufficient quantities to 10 be recovered during processing or refining. 11 (2) CRITICAL 12 (A) IN MINERAL.— GENERAL.—The term ‘‘critical min- 13 eral’’ means any mineral, element, substance, or 14 material designated as critical by the Secretary 15 under subsection (c). 16 17 18 (B) EXCLUSIONS.—The term mineral’’ does not include— (i) fuel minerals, including oil, natural 19 gas, or any other fossil fuels; or 20 (ii) water, ice, or snow. 21 ‘‘critical (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 22 has the meaning given the term in section 4 of the 23 Indian Self-Determination and Education Assistance 24 Act (25 U.S.C. 5304). HEN20945 MMS S.L.C. 210 1 2 3 (4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (5) STATE.—The term ‘‘State’’ means— 4 (A) a State; 5 (B) the District of Columbia; 6 (C) the Commonwealth of Puerto Rico; 7 (D) Guam; 8 (E) American Samoa; 9 (F) the Commonwealth of the Northern 10 11 12 13 Mariana Islands; and (G) the United States Virgin Islands. (b) POLICY.— (1) IN GENERAL.—Section 3 of the National 14 Materials and Minerals Policy, Research and Devel- 15 opment Act of 1980 (30 U.S.C. 1602) is amended 16 in the second sentence— 17 (A) by striking paragraph (3) and insert- 18 ing the following: 19 ‘‘(3) establish an analytical and forecasting ca- 20 pability for identifying critical mineral demand, sup- 21 ply, and other factors to allow informed actions to 22 be taken to avoid supply shortages, mitigate price 23 volatility, and prepare for demand growth and other 24 market shifts;’’; HEN20945 MMS S.L.C. 211 (B) in paragraph (6), by striking ‘‘and’’ 1 2 after the semicolon at the end; and (C) by striking paragraph (7) and insert- 3 4 ing the following: 5 ‘‘(7) facilitate the availability, development, and 6 environmentally responsible production of domestic 7 resources to meet national material or critical min- 8 eral needs; 9 ‘‘(8) avoid duplication of effort, prevent unnec- 10 essary paperwork, and minimize delays in the ad- 11 ministration of applicable laws (including regula- 12 tions) and the issuance of permits and authoriza- 13 tions necessary to explore for, develop, and produce 14 critical minerals and to construct critical mineral 15 manufacturing facilities in accordance with applica- 16 ble environmental and land management laws; 17 ‘‘(9) strengthen— 18 ‘‘(A) educational and research capabilities 19 at not lower than the secondary school level; 20 and 21 ‘‘(B) workforce training for exploration 22 and development of critical minerals and critical 23 mineral manufacturing; HEN20945 MMS S.L.C. 212 1 ‘‘(10) bolster international cooperation through 2 technology transfer, information sharing, and other 3 means; ‘‘(11) promote the efficient production, use, and 4 5 recycling of critical minerals; ‘‘(12) develop alternatives to critical minerals; 6 7 and 8 ‘‘(13) establish contingencies for the production 9 of, or access to, critical minerals for which viable 10 11 sources do not exist within the United States.’’. (2) CONFORMING AMENDMENT.—Section 2(b) 12 of the National Materials and Minerals Policy, Re- 13 search and Development Act of 1980 (30 U.S.C. 14 1601(b)) is amended by striking ‘‘(b) As used in this 15 Act, the term’’ and inserting the following: 16 ‘‘(b) DEFINITIONS.—In this Act: 17 ‘‘(1) CRITICAL MINERAL.—The term ‘critical 18 mineral’ means any mineral, element, substance, or 19 material designated as critical by the Secretary 20 under section 3168(c) of the National Defense Au- 21 thorization Act for Fiscal Year 2021. 22 ‘‘(2) MATERIALS.—The term’’. 23 (c) CRITICAL MINERAL DESIGNATIONS.— 24 25 (1) DRAFT METHODOLOGY AND LIST.—The Secretary, acting through the Director of the United HEN20945 MMS S.L.C. 213 1 States Geological Survey (referred to in this sub- 2 section as the ‘‘Secretary’’), shall publish in the Fed- 3 eral Register for public comment— 4 (A) a description of the draft methodology 5 used to identify a draft list of critical minerals; 6 (B) a draft list of minerals, elements, sub- 7 stances, and materials that qualify as critical 8 minerals; and 9 (C) a draft list of critical minerals recov- 10 ered as byproducts. 11 (2) AVAILABILITY OF DATA.—If available data 12 is insufficient to provide a quantitative basis for the 13 methodology developed under this subsection, quali- 14 tative evidence may be used to the extent necessary. 15 (3) FINAL METHODOLOGY AND LIST.—After re- 16 viewing public comments on the draft methodology 17 and the draft lists published under paragraph (1) 18 and updating the methodology and lists as appro- 19 priate, not later than 45 days after the date on 20 which the public comment period with respect to the 21 draft methodology and draft lists closes, the Sec- 22 retary shall publish in the Federal Register— 23 (A) a description of the final methodology 24 for determining which minerals, elements, sub- HEN20945 MMS S.L.C. 214 1 stances, and materials qualify as critical min- 2 erals; 3 (B) the final list of critical minerals; and 4 (C) the final list of critical minerals recov- 5 ered as byproducts. 6 (4) DESIGNATIONS.— 7 (A) IN GENERAL.—For purposes of car- 8 rying out this subsection, the Secretary shall 9 maintain a list of minerals, elements, sub- 10 stances, and materials designated as critical, 11 pursuant to the final methodology published 12 under paragraph (3), that the Secretary deter- 13 mines— 14 15 (i) are essential to the economic or national security of the United States; 16 (ii) the supply chain of which is vul- 17 nerable to disruption (including restrictions 18 associated with foreign political risk, ab- 19 rupt demand growth, military conflict, vio- 20 lent unrest, anti-competitive or protec- 21 tionist behaviors, and other risks through- 22 out the supply chain); and 23 (iii) serve an essential function in the 24 manufacturing of a product (including en- 25 ergy technology-, defense-, currency-, agri- HEN20945 MMS S.L.C. 215 1 culture-, consumer electronics-, and health 2 care-related applications), the absence of 3 which would have significant consequences 4 for the economic or national security of the 5 United States. 6 (B) INCLUSIONS.—Notwithstanding the 7 criteria under paragraph (3), the Secretary may 8 designate and include on the list any mineral, 9 element, substance, or material determined by 10 another Federal agency to be strategic and crit- 11 ical to the defense or national security of the 12 United States. 13 (C) REQUIRED CONSULTATION.—The Sec- 14 retary shall consult with the Secretaries of De- 15 fense, Commerce, Agriculture, and Energy and 16 the United States Trade Representative in des- 17 ignating minerals, elements, substances, and 18 materials as critical under this paragraph. 19 (5) SUBSEQUENT 20 (A) IN REVIEW.— GENERAL.—The Secretary, in con- 21 sultation with the Secretaries of Defense, Com- 22 merce, Agriculture, and Energy and the United 23 States Trade Representative, shall review the 24 methodology and list under paragraph (3) and 25 the designations under paragraph (4) at least HEN20945 MMS S.L.C. 216 1 every 3 years, or more frequently as the Sec- 2 retary considers to be appropriate. 3 4 (B) REVISIONS.—Subject to paragraph (4)(A), the Secretary may— (i) revise the methodology described in 5 6 this subsection; 7 (ii) determine that minerals, elements, 8 substances, and materials previously deter- 9 mined to be critical minerals are no longer 10 critical minerals; and 11 (iii) designate additional minerals, ele- 12 ments, substances, or materials as critical 13 minerals. 14 (6) NOTICE.—On finalization of the method- 15 ology and the list under paragraph (3), or any revi- 16 sion to the methodology or list under paragraph (5), 17 the Secretary shall submit to Congress written no- 18 tice of the action. 19 (d) RESOURCE ASSESSMENT.— 20 (1) IN GENERAL.—Not later than 4 years after 21 the date of enactment of this Act, in consultation 22 with applicable State (including geological surveys), 23 local, academic, industry, and other entities, the Sec- 24 retary (acting through the Director of the United 25 States Geological Survey) or a designee of the Sec- HEN20945 MMS S.L.C. 217 1 retary, shall complete a comprehensive national as- 2 sessment of each critical mineral that— 3 (A) identifies and quantifies known critical 4 mineral resources, using all available public and 5 private information and datasets, including ex- 6 ploration histories; and 7 (B) provides a quantitative and qualitative 8 assessment of undiscovered critical mineral re- 9 sources throughout the United States, including 10 probability estimates of tonnage and grade, 11 using all available public and private informa- 12 tion and datasets, including exploration his- 13 tories. 14 (2) SUPPLEMENTARY INFORMATION.—In car- 15 rying out this subsection, the Secretary may carry 16 out surveys and field work (including drilling, re- 17 mote sensing, geophysical surveys, topographical and 18 geological mapping, and geochemical sampling and 19 analysis) to supplement existing information and 20 datasets available for determining the existence of 21 critical minerals in the United States. 22 (3) PUBLIC ACCESS.—Subject to applicable law, 23 to the maximum extent practicable, the Secretary 24 shall make all data and metadata collected from the 25 comprehensive national assessment carried out HEN20945 MMS S.L.C. 218 1 under paragraph (1) publically and electronically ac- 2 cessible. 3 (4) TECHNICAL ASSISTANCE.—At the request of 4 the Governor of a State or the head of an Indian 5 tribe, the Secretary may provide technical assistance 6 to State governments and Indian tribes conducting 7 critical mineral resource assessments on non-Federal 8 land. 9 10 (5) PRIORITIZATION.— (A) IN GENERAL.—The Secretary may se- 11 quence the completion of resource assessments 12 for each critical mineral such that critical min- 13 erals considered to be most critical under the 14 methodology established under subsection (c) 15 are completed first. 16 (B) REPORTING.—During the period be- 17 ginning not later than 1 year after the date of 18 enactment of this Act and ending on the date 19 of completion of all of the assessments required 20 under this subsection, the Secretary shall sub- 21 mit to Congress on an annual basis an interim 22 report that— 23 (i) identifies the sequence and sched- 24 ule for completion of the assessments if the 25 Secretary sequences the assessments; or HEN20945 MMS S.L.C. 219 1 (ii) describes the progress of the as- 2 sessments if the Secretary does not se- 3 quence the assessments. 4 (6) UPDATES.—The Secretary may periodically 5 update the assessments conducted under this sub- 6 section based on— (A) the generation of new information or 7 8 datasets by the Federal Government; or 9 (B) the receipt of new information or 10 datasets from critical mineral producers, State 11 geological surveys, academic institutions, trade 12 associations, or other persons. 13 (7) ADDITIONAL SURVEYS.—The Secretary 14 shall complete a resource assessment for each addi- 15 tional mineral or element subsequently designated as 16 a critical mineral under subsection (c)(5)(B) not 17 later than 2 years after the designation of the min- 18 eral or element. 19 (8) REPORT.—Not later than 2 years after the 20 date of enactment of this Act, the Secretary shall 21 submit to Congress a report describing the status of 22 geological surveying of Federal land for any mineral 23 commodity— 24 (A) for which the United States was de- 25 pendent on a foreign country for more than 25 HEN20945 MMS S.L.C. 220 1 percent of the United States supply, as depicted 2 in the report issued by the United States Geo- 3 logical Survey entitled ‘‘Mineral Commodity 4 Summaries 2020’’; but 5 6 7 (B) that is not designated as a critical mineral under subsection (c). (e) PERMITTING.— 8 (1) SENSE 9 Congress that— OF CONGRESS.—It is the sense of 10 (A) critical minerals are fundamental to 11 the economy, competitiveness, and security of 12 the United States; 13 (B) to the maximum extent practicable, 14 the critical mineral needs of the United States 15 should be satisfied by minerals responsibly pro- 16 duced and recycled in the United States; and 17 (C) the Federal permitting process has 18 been identified as an impediment to mineral 19 production and the mineral security of the 20 United States. 21 (2) PERFORMANCE IMPROVEMENTS.—To im- 22 prove the quality and timeliness of decisions, the 23 Secretary (acting through the Director of the Bu- 24 reau of Land Management) and the Secretary of Ag- 25 riculture (acting through the Chief of the Forest HEN20945 MMS S.L.C. 221 1 Service) (referred to in this subsection as the ‘‘Sec- 2 retaries’’) shall, to the maximum extent practicable, 3 with respect to critical mineral production on Fed- 4 eral land, complete Federal permitting and review 5 processes with maximum efficiency and effectiveness, 6 while supporting vital economic growth, by— 7 (A) establishing and adhering to timelines 8 and schedules for the consideration of, and final 9 decisions regarding, applications, operating 10 plans, leases, licenses, permits, and other use 11 authorizations for mineral-related activities on 12 Federal land; 13 (B) establishing clear, quantifiable, and 14 temporal permitting performance goals and 15 tracking progress against those goals; 16 (C) engaging in early collaboration among 17 agencies, project sponsors, and affected stake- 18 holders— 19 (i) to incorporate and address the in- 20 terests of those parties; and 21 (ii) to minimize delays; 22 (D) ensuring transparency and account- 23 ability by using cost-effective information tech- 24 nology to collect and disseminate information HEN20945 MMS S.L.C. 222 1 regarding individual projects and agency per- 2 formance; 3 (E) engaging in early and active consulta- 4 tion with State, local, and Indian tribal govern- 5 ments to avoid conflicts or duplication of effort, 6 resolve concerns, and allow for concurrent, 7 rather than sequential, reviews; 8 (F) providing demonstrable improvements 9 in the performance of Federal permitting and 10 review processes, including lower costs and 11 more timely decisions; 12 (G) expanding and institutionalizing per- 13 mitting and review process improvements that 14 have proven effective; 15 (H) developing mechanisms to better com- 16 municate priorities and resolve disputes among 17 agencies at the national, regional, State, and 18 local levels; and 19 (I) developing other practices, such as 20 preapplication procedures. 21 (3) REVIEW AND REPORT.—Not later than 1 22 year after the date of enactment of this Act, the 23 Secretaries shall submit to Congress a report that— 24 (A) identifies additional measures (includ- 25 ing regulatory and legislative proposals, as ap- HEN20945 MMS S.L.C. 223 1 propriate) that would increase the timeliness of 2 permitting activities for the exploration and de- 3 velopment of domestic critical minerals; 4 (B) identifies options (including cost recov- 5 ery paid by permit applicants) for ensuring ade- 6 quate staffing and training of Federal entities 7 and personnel responsible for the consideration 8 of applications, operating plans, leases, licenses, 9 permits, and other use authorizations for crit- 10 ical mineral-related activities on Federal land; 11 (C) quantifies the amount of time typically 12 required (including range derived from min- 13 imum and maximum durations, mean, median, 14 variance, and other statistical measures or rep- 15 resentations) to complete each step (including 16 those aspects outside the control of the execu- 17 tive branch, such as judicial review, applicant 18 decisions, or State and local government in- 19 volvement) associated with the development and 20 processing of applications, operating plans, 21 leases, licenses, permits, and other use author- 22 izations for critical mineral-related activities on 23 Federal land, which shall serve as a baseline for 24 the performance metric under paragraph (4); 25 and HEN20945 MMS S.L.C. 224 1 (D) describes actions carried out pursuant 2 to paragraph (2). 3 (4) PERFORMANCE METRIC.—Not later than 90 4 days after the date of submission of the report 5 under paragraph (3), the Secretaries, after providing 6 public notice and an opportunity to comment, shall 7 develop and publish a performance metric for evalu- 8 ating the progress made by the executive branch to 9 expedite the permitting of activities that will in- 10 crease exploration for, and development of, domestic 11 critical minerals, while maintaining environmental 12 standards. 13 (5) ANNUAL REPORTS.—Beginning with the 14 first budget submission by the President under sec- 15 tion 1105 of title 31, United States Code, after pub- 16 lication of the performance metric required under 17 paragraph (4), and annually thereafter, the Secre- 18 taries shall submit to Congress a report that— 19 (A) summarizes the implementation of rec- 20 ommendations, measures, and options identified 21 in subparagraphs (A) and (B) of paragraph (3); 22 (B) using the performance metric under 23 paragraph (4), describes progress made by the 24 executive branch, as compared to the baseline 25 established pursuant to paragraph (3)(C), on HEN20945 MMS S.L.C. 225 1 expediting the permitting of activities that will 2 increase exploration for, and development of, 3 domestic critical minerals; and 4 (C) compares the United States to other 5 countries in terms of permitting efficiency and 6 any other criteria relevant to the globally com- 7 petitive critical minerals industry. 8 (6) INDIVIDUAL PROJECTS.—Using data from 9 the Secretaries generated under paragraph (5), the 10 Director of the Office of Management and Budget 11 shall prioritize inclusion of individual critical mineral 12 projects on the website operated by the Office of 13 Management and Budget in accordance with section 14 1122 of title 31, United States Code. 15 (7) REPORT OF SMALL BUSINESS ADMINISTRA- 16 TION.—Not later than 1 year and 300 days after the 17 date of enactment of this Act, the Administrator of 18 the Small Business Administration shall submit to 19 the applicable committees of Congress a report that 20 assesses the performance of Federal agencies with 21 respect to— 22 (A) complying with chapter 6 of title 5, 23 United States Code (commonly known as the 24 ‘‘Regulatory Flexibility Act’’), in promulgating HEN20945 MMS S.L.C. 226 1 regulations applicable to the critical minerals 2 industry; and 3 (B) performing an analysis of regulations 4 applicable to the critical minerals industry that 5 may be outmoded, inefficient, duplicative, or ex- 6 cessively burdensome. 7 8 (f) FEDERAL REGISTER PROCESS.— (1) DEPARTMENTAL REVIEW.—Absent any ex- 9 traordinary circumstance, and except as otherwise 10 required by law, the Secretary and the Secretary of 11 Agriculture shall ensure that each Federal Register 12 notice described in paragraph (2) shall be— 13 (A) subject to any required reviews within 14 the Department of the Interior or the Depart- 15 ment of Agriculture; and 16 (B) published in final form in the Federal 17 Register not later than 45 days after the date 18 of initial preparation of the notice. 19 (2) PREPARATION.—The preparation of Federal 20 Register notices required by law associated with the 21 issuance of a critical mineral exploration or mine 22 permit shall be delegated to the organizational level 23 within the agency responsible for issuing the critical 24 mineral exploration or mine permit. HEN20945 MMS S.L.C. 227 1 (3) TRANSMISSION.—All Federal Register no- 2 tices regarding official document availability, an- 3 nouncements of meetings, or notices of intent to un- 4 dertake an action shall be originated in, and trans- 5 mitted to the Federal Register from, the office in 6 which, as applicable— 7 (A) the documents or meetings are held; or 8 (B) the activity is initiated. 9 (g) RECYCLING, EFFICIENCY, AND ALTERNATIVES.— 10 (1) ESTABLISHMENT.—The Secretary of En- 11 ergy (referred to in this subsection as the ‘‘Sec- 12 retary’’) shall conduct a program of research and de- 13 velopment— 14 (A) to promote the efficient production, 15 use, and recycling of critical minerals through- 16 out the supply chain; and 17 (B) to develop alternatives to critical min- 18 erals that do not occur in significant abundance 19 in the United States. 20 (2) COOPERATION.—In carrying out the pro- 21 gram, the Secretary shall cooperate with appro- 22 priate— 23 24 25 (A) Federal agencies and National Laboratories; (B) critical mineral producers; HEN20945 MMS S.L.C. 228 1 (C) critical mineral processors; 2 (D) critical mineral manufacturers; 3 (E) trade associations; 4 (F) academic institutions; 5 (G) small businesses; and 6 (H) other relevant entities or individuals. 7 (3) ACTIVITIES.—Under the program, the Sec- 8 retary shall carry out activities that include the iden- 9 tification and development of— 10 (A) advanced critical mineral extraction, 11 production, separation, alloying, or processing 12 technologies that decrease the energy consump- 13 tion, environmental impact, and costs of those 14 activities, including— (i) efficient water and wastewater 15 16 management strategies; (ii) 17 technologies and management 18 strategies to control the environmental im- 19 pacts of radionuclides in ore tailings; (iii) technologies for separation and 20 21 processing; and 22 (iv) technologies for increasing the re- 23 covery rates of byproducts from host metal 24 ores; HEN20945 MMS S.L.C. 229 1 (B) technologies or process improvements 2 that minimize the use, or lead to more efficient 3 use, of critical minerals across the full supply 4 chain; 5 (C) technologies, process improvements, or 6 design optimizations that facilitate the recycling 7 of critical minerals, and options for improving 8 the rates of collection of products and scrap 9 containing critical minerals from post-con- 10 sumer, industrial, or other waste streams; 11 (D) commercial markets, advanced storage 12 methods, energy applications, and other bene- 13 ficial uses of critical minerals processing by- 14 products; 15 (E) alternative minerals, metals, and mate- 16 rials, particularly those available in abundance 17 within the United States and not subject to po- 18 tential supply restrictions, that lessen the need 19 for critical minerals; and 20 (F) alternative energy technologies or al- 21 ternative designs of existing energy tech- 22 nologies, particularly those that use minerals 23 that— 24 25 (i) occur in abundance in the United States; and HEN20945 MMS S.L.C. 230 (ii) are not subject to potential supply 1 restrictions. 2 3 (4) REPORTS.—Not later than 2 years after the 4 date of enactment of this Act, and annually there- 5 after, the Secretary shall submit to Congress a re- 6 port summarizing the activities, findings, and 7 progress of the program. 8 (h) ANALYSIS AND FORECASTING.— 9 (1) CAPABILITIES.—In order to evaluate exist- 10 ing critical mineral policies and inform future ac- 11 tions that may be taken to avoid supply shortages, 12 mitigate price volatility, and prepare for demand 13 growth and other market shifts, the Secretary (act- 14 ing through the Director of the United States Geo- 15 logical Survey) or a designee of the Secretary, in 16 consultation with the Energy Information Adminis- 17 tration, academic institutions, and others in order to 18 maximize the application of existing competencies re- 19 lated to developing and maintaining computer-mod- 20 els and similar analytical tools, shall conduct and 21 publish the results of an annual report that in- 22 cludes— 23 (A) as part of the annually published Min- 24 eral Commodity Summaries from the United 25 States Geological Survey, a comprehensive re- HEN20945 MMS S.L.C. 231 1 view of critical mineral production, consump- 2 tion, and recycling patterns, including— 3 (i) the quantity of each critical min- 4 eral domestically produced during the pre- 5 ceding year; 6 (ii) the quantity of each critical min- 7 eral domestically consumed during the pre- 8 ceding year; 9 10 11 (iii) market price data or other price data for each critical mineral; (iv) an assessment of— 12 (I) critical mineral requirements 13 to meet the national security, energy, 14 economic, 15 and other needs of the United States 16 during the preceding year; industrial, technological, 17 (II) the reliance of the United 18 States on foreign sources to meet 19 those needs during the preceding year; 20 and 21 (III) the implications of any sup- 22 ply shortages, restrictions, or disrup- 23 tions during the preceding year; HEN20945 MMS S.L.C. 232 1 (v) the quantity of each critical min- 2 eral domestically recycled during the pre- 3 ceding year; 4 (vi) the market penetration during the 5 preceding year of alternatives to each crit- 6 ical mineral; 7 (vii) a discussion of international 8 trends associated with the discovery, pro- 9 duction, consumption, use, costs of produc- 10 tion, prices, and recycling of each critical 11 mineral as well as the development of al- 12 ternatives to critical minerals; and 13 (viii) such other data, analyses, and 14 evaluations as the Secretary finds are nec- 15 essary to achieve the purposes of this sub- 16 section; and 17 (B) a comprehensive forecast, entitled the 18 ‘‘Annual Critical Minerals Outlook’’, of pro- 19 jected critical mineral production, consumption, 20 and recycling patterns, including— 21 (i) the quantity of each critical min- 22 eral projected to be domestically produced 23 over the subsequent 1-year, 5-year, and 24 10-year periods; HEN20945 MMS S.L.C. 233 1 (ii) the quantity of each critical min- 2 eral projected to be domestically consumed 3 over the subsequent 1-year, 5-year, and 4 10-year periods; 5 (iii) an assessment of— 6 (I) critical mineral requirements 7 to meet projected national security, 8 energy, economic, industrial, techno- 9 logical, and other needs of the United 10 States; 11 (II) the projected reliance of the 12 United States on foreign sources to 13 meet those needs; and 14 (III) the projected implications of 15 potential supply shortages, restric- 16 tions, or disruptions; 17 (iv) the quantity of each critical min- 18 eral projected to be domestically recycled 19 over the subsequent 1-year, 5-year, and 20 10-year periods; 21 (v) the market penetration of alter- 22 natives to each critical mineral projected to 23 take place over the subsequent 1-year, 5- 24 year, and 10-year periods; HEN20945 MMS S.L.C. 234 1 (vi) a discussion of reasonably foresee- 2 able international trends associated with 3 the discovery, production, consumption, 4 use, costs of production, and recycling of 5 each critical mineral as well as the develop- 6 ment of alternatives to critical minerals; 7 and 8 (vii) such other projections relating to 9 each critical mineral as the Secretary de- 10 termines to be necessary to achieve the 11 purposes of this subsection. 12 (2) PROPRIETARY INFORMATION.—In preparing 13 a report described in paragraph (1), the Secretary 14 shall ensure, consistent with section 5(f) of the Na- 15 tional Materials and Minerals Policy, Research and 16 Development Act of 1980 (30 U.S.C. 1604(f)), 17 that— 18 (A) no person uses the information and 19 data collected for the report for a purpose other 20 than the development of or reporting of aggre- 21 gate data in a manner such that the identity of 22 the person or firm who supplied the information 23 is not discernible and is not material to the in- 24 tended uses of the information; HEN20945 MMS S.L.C. 235 1 (B) no person discloses any information or 2 data collected for the report unless the informa- 3 tion or data has been transformed into a statis- 4 tical or aggregate form that does not allow the 5 identification of the person or firm who sup- 6 plied particular information; and 7 (C) procedures are established to require 8 the withholding of any information or data col- 9 lected for the report if the Secretary determines 10 that withholding is necessary to protect propri- 11 etary information, including any trade secrets 12 or other confidential information. 13 14 (i) EDUCATION AND WORKFORCE.— (1) WORKFORCE ASSESSMENT.—Not later than 15 1 year and 300 days after the date of enactment of 16 this Act, the Secretary of Labor (in consultation 17 with the Secretary, the Director of the National 18 Science Foundation, institutions of higher education 19 with substantial expertise in mining, institutions of 20 higher education with significant expertise in min- 21 erals research, including fundamental research into 22 alternatives, and employers in the critical minerals 23 sector) shall submit to Congress an assessment of 24 the domestic availability of technically trained per- 25 sonnel necessary for critical mineral exploration, de- HEN20945 MMS S.L.C. 236 1 velopment, assessment, production, manufacturing, 2 recycling, analysis, forecasting, education, and re- 3 search, including an analysis of— 4 5 6 7 (A) skills that are in the shortest supply as of the date of the assessment; (B) skills that are projected to be in short supply in the future; 8 (C) the demographics of the critical min- 9 erals industry and how the demographics will 10 evolve under the influence of factors such as an 11 aging workforce; 12 (D) the effectiveness of training and edu- 13 cation programs in addressing skills shortages; 14 (E) opportunities to hire locally for new 15 and existing critical mineral activities; 16 (F) the sufficiency of personnel within rel- 17 evant areas of the Federal Government for 18 achieving the policies described in section 3 of 19 the National Materials and Minerals Policy, Re- 20 search and Development Act of 1980 (30 21 U.S.C. 1602); and 22 (G) the potential need for new training 23 programs to have a measurable effect on the 24 supply of trained workers in the critical min- 25 erals industry. HEN20945 MMS S.L.C. 237 1 (2) CURRICULUM 2 (A) IN STUDY.— GENERAL.—The Secretary and the 3 Secretary of Labor shall jointly enter into an 4 arrangement with the National Academy of 5 Sciences and the National Academy of Engi- 6 neering under which the Academies shall co- 7 ordinate with the National Science Foundation 8 on conducting a study— 9 (i) to design an interdisciplinary pro- 10 gram on critical minerals that will support 11 the critical mineral supply chain and im- 12 prove the ability of the United States to 13 increase domestic, critical mineral explo- 14 ration, development, production, manufac- 15 turing, research, including fundamental re- 16 search into alternatives, and recycling; 17 (ii) to address undergraduate and 18 graduate education, especially to assist in 19 the development of graduate level pro- 20 grams of research and instruction that 21 lead to advanced degrees with an emphasis 22 on the critical mineral supply chain or 23 other positions that will increase domestic, 24 critical mineral exploration, development, 25 production, manufacturing, research, in- HEN20945 MMS S.L.C. 238 1 cluding fundamental research into alter- 2 natives, and recycling; 3 (iii) to develop guidelines for pro- 4 posals from institutions of higher edu- 5 cation with substantial capabilities in the 6 required disciplines for activities to im- 7 prove the critical mineral supply chain and 8 advance the capacity of the United States 9 to increase domestic, critical mineral explo- 10 ration, research, development, production, 11 manufacturing, and recycling; and 12 (iv) to outline criteria for evaluating 13 performance and recommendations for the 14 amount of funding that will be necessary 15 to establish and carry out the program de- 16 scribed in paragraph (3). 17 (B) REPORT.—Not later than 2 years after 18 the date of enactment of this Act, the Secretary 19 shall submit to Congress a description of the re- 20 sults of the study required under subparagraph 21 (A). 22 (3) PROGRAM.— 23 (A) ESTABLISHMENT.—The Secretary and 24 the Secretary of Labor shall jointly conduct a 25 competitive grant program under which institu- HEN20945 MMS S.L.C. 239 1 tions of higher education may apply for and re- 2 ceive 4-year grants for— 3 (i) startup costs for newly designated 4 faculty positions in integrated critical min- 5 eral education, research, innovation, train- 6 ing, and workforce development programs 7 consistent with paragraph (2); 8 (ii) internships, scholarships, and fel- 9 lowships for students enrolled in programs 10 related to critical minerals; 11 (iii) equipment necessary for inte- 12 grated critical mineral innovation, training, 13 and workforce development programs; and 14 (iv) research of critical minerals and 15 their applications, particularly concerning 16 the manufacture of critical components 17 vital to national security. 18 (B) RENEWAL.—A grant under this para- 19 graph shall be renewable for up to 2 additional 20 3-year terms based on performance criteria out- 21 lined under paragraph (2)(A)(iv). 22 (j) NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA 23 PRESERVATION PROGRAM.—Section 351(k) of the Energy 24 Policy Act of 2005 (42 U.S.C. 15908(k)) is amended by 25 striking ‘‘$30,000,000 for each of fiscal years 2006 HEN20945 MMS S.L.C. 240 1 through 2010’’ and inserting ‘‘$5,000,000 for each of fis2 cal years 2021 through 2030, to remain available until ex3 pended’’. 4 5 (k) ADMINISTRATION.— (1) IN GENERAL.—The National Critical Mate- 6 rials Act of 1984 (30 U.S.C. 1801 et seq.) is re- 7 pealed. 8 (2) CONFORMING AMENDMENT.—Section 3(d) 9 of the National Superconductivity and Competitive- 10 ness Act of 1988 (15 U.S.C. 5202(d)) is amended 11 in the first sentence by striking ‘‘, with the assist- 12 ance of the National Critical Materials Council as 13 specified in the National Critical Materials Act of 14 1984 (30 U.S.C. 1801 et seq.),’’. 15 16 (3) SAVINGS (A) IN CLAUSES.— GENERAL.—Nothing in this section 17 or an amendment made by this section modifies 18 any requirement or authority provided by— 19 (i) the matter under the heading ‘‘GE- 20 OLOGICAL SURVEY’’ 21 of the Act of March 3, 1879 (43 U.S.C. 22 31(a)); or 23 24 of the first section (ii) the first section of Public Law 87–626 (43 U.S.C. 31(b)). HEN20945 MMS S.L.C. 241 1 (B) EFFECT ON DEPARTMENT OF DE- 2 FENSE.—Nothing 3 ment made by this section affects the authority 4 of the Secretary of Defense with respect to the 5 work of the Department of Defense on critical 6 material supplies in furtherance of the national 7 defense mission of the Department of Defense. 8 9 (C) in this section or an amend- SECRETARIAL FECTED.—This ORDER NOT AF- section shall not apply to any 10 mineral described in Secretarial Order No. 11 3324, issued by the Secretary on December 3, 12 2012, in any area to which the order applies. 13 (4) APPLICATION 14 (A) IN 15 shall apply to— OF CERTAIN PROVISIONS.— GENERAL.—Subsections (e) and (f) 16 (i) an exploration project in which the 17 presence of a byproduct is reasonably ex- 18 pected, 19 companionality, geologic formation, min- 20 eralogy, or other factors; and based on known mineral 21 (ii) a project that demonstrates that 22 the byproduct is of sufficient grade that, 23 when combined with the production of a 24 host mineral, the byproduct is economic to 25 recover, as determined by the applicable HEN20945 MMS S.L.C. 242 1 Secretary in accordance with subparagraph 2 (B). 3 (B) REQUIREMENT.—In making the deter- 4 mination under subparagraph (A)(ii), the appli- 5 cable Secretary shall consider the cost effective- 6 ness of the byproducts recovery. (l) AUTHORIZATION 7 OF APPROPRIATIONS.—There is 8 authorized to be appropriated to carry out this section 9 $50,000,000 for each of fiscal years 2021 through 2030. 10 SEC. 10002. RARE EARTH ELEMENT ADVANCED COAL TECH- 11 NOLOGIES. (a) PROGRAM 12 FOR EXTRACTION 13 RARE EARTH ELEMENTS 14 AND AND AND RECOVERY OF MINERALS FROM COAL COAL BYPRODUCTS.— (1) IN 15 GENERAL.—The Secretary of Energy, 16 acting through the Assistant Secretary for Fossil 17 Energy (referred to in this section as the ‘‘Sec- 18 retary’’), shall carry out a program under which the 19 Secretary shall develop advanced separation tech- 20 nologies for the extraction and recovery of rare earth 21 elements and minerals from coal and coal byprod- 22 ucts. 23 (2) AUTHORIZATION OF APPROPRIATIONS.— 24 There is authorized to be appropriated to the Sec- 25 retary to carry out the program described in para- HEN20945 MMS S.L.C. 243 1 graph (1) $23,000,000 for each of fiscal years 2021 2 through 2028. 3 (b) REPORT.—Not later than 1 year after the date 4 of enactment of this Act, the Secretary shall submit to 5 the Committee on Energy and Natural Resources of the 6 Senate and the Committee on Energy and Commerce of 7 the House of Representatives a report evaluating the de8 velopment of advanced separation technologies for the ex9 traction and recovery of rare earth elements and minerals 10 from coal and coal byproducts, including acid mine drain11 age from coal mines. 12 13 14 15 TITLE XI—MISCELLANEOUS PROVISIONS SEC. 11001. EMERGENCY DESIGNATION. (a) IN GENERAL.—The amounts provided by this di- 16 vision and the amendments made by this division are des17 ignated as an emergency requirement pursuant to section 18 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 19 U.S.C. 933(g)). 20 (b) DESIGNATION IN SENATE.—In the Senate, this 21 division and the amendments made by this division are 22 designated as an emergency requirement pursuant to sec23 tion 4112(a) of H. Con. Res. 71 (115th Congress), the 24 concurrent resolution on the budget for fiscal year 2018. HEN20945 MMS S.L.C. 244 1 DIVISION B—CORONAVIRUS RESPONSE 2 ADDITIONAL SUPPLEMENTAL APPRO- 3 PRIATIONS ACT, 2020 4 The following sums are hereby are appropriated, out 5 of any money in the Treasury not otherwise appropriated, 6 for the fiscal year ending September 30, 2020, and for 7 other purposes, namely: 8 TITLE I 9 DEPARTMENT OF HEALTH AND HUMAN 10 SERVICES 11 PAYMENTS TO STATES FOR THE CHILD CARE AND 12 DEVELOPMENT BLOCK GRANT 13 For an additional amount for ‘‘Payments to States 14 for the Child Care and Development Block Grant’’, 15 $5,000,000,000, to remain available through September 16 30, 2021, to prevent, prepare for, and respond to 17 coronavirus, domestically or internationally, including for 18 Federal administrative expenses, which shall be used to 19 supplement, not supplant State, Territory, and Tribal gen20 eral revenue funds for child care assistance for low-income 21 families within the United States (including territories) 22 without regard to requirements in sections 23 658E(c)(3)(D)–(E) or 658G of the Child Care and Devel24 opment Block Grant Act: Provided, That funds provided 25 under this heading in this Act may be used to provide con- HEN20945 MMS S.L.C. 245 1 tinued payments and assistance to child care providers in 2 the case of decreased enrollment or closures related to 3 coronavirus, and to assure they are able to remain open 4 or reopen as appropriate and applicable: Provided further, 5 That States, Territories, and Tribes are encouraged to 6 place conditions on payments to child care providers that 7 ensure that child care providers use a portion of funds 8 received to continue to pay the salaries and wages of staff: 9 Provided further, That the Secretary shall remind States 10 that CCDBG State plans do not need to be amended prior 11 to utilizing existing authorities in the CCDBG Act for the 12 purposes provided herein: Provided further, That States, 13 Territories, and Tribes are authorized to use funds appro14 priated under this heading in this Act to provide child care 15 assistance to health care sector employees, emergency re16 sponders, sanitation workers, and other workers deemed 17 essential during the response to coronavirus by public offi18 cials, without regard to the income eligibility requirements 19 of section 658P(4) of such Act: Provided further, That 20 funds appropriated under this heading in this Act shall 21 be available to eligible child care providers under section 22 658P(6) of the CCDBG Act, even if such providers were 23 not receiving CCDBG assistance prior to the public health 24 emergency as a result of the coronavirus and any renewal 25 of such declaration pursuant to such section 319, for the HEN20945 MMS S.L.C. 246 1 purposes of cleaning and sanitation, and other activities 2 necessary to maintain or resume the operation of pro3 grams: Provided further, That payments made under this 4 heading in this Act may be obligated in this fiscal year 5 or the succeeding two fiscal years: Provided further, That 6 funds appropriated under this heading in this Act may be 7 made available to restore amounts, either directly or 8 through reimbursement, for obligations incurred to pre9 vent, prepare for, and respond to coronavirus, domestically 10 or internationally, prior to the date of enactment of this 11 Act: Provided further, That such amount is designated by 12 the Congress as being for an emergency requirement pur13 suant to section 251(b)(2)(A)(i) of the Balanced Budget 14 and Emergency Deficit Control Act of 1985. 15 16 BACK TO WORK CHILD CARE GRANTS For an additional amount for ‘‘Back to Work Child 17 Care Grants’’, $10,000,000,000, to remain available 18 through September 30, 2021, to prevent, prepare for, and 19 respond to coronavirus, domestically or internationally, 20 which shall be for activities to carry out Back to Work 21 Child Care Grants as authorized by section 6101 of divi22 sion A of this Act: 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. HEN20945 MMS S.L.C. 247 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’’, $31,000,000,000, 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 HEN20945 MMS S.L.C. 248 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– HEN20945 MMS S.L.C. 249 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 not more than $2,000,000,000, to remain available until 8 September 30, 2022, shall be for activities to improve and 9 sustain State medical stockpiles, as described in the 10 amendments made by section 7002 of division A of this 11 Act: Provided further, That of the amount appropriated 12 under this paragraph in this Act, $20,000,000,000 shall 13 be available to the Biomedical Advanced Research and De14 velopment Authority for necessary expenses of manufac15 turing, production, and purchase, at the discretion of the 16 Secretary, of vaccines, therapeutics, diagnostics, and small 17 molecule active pharmaceutical ingredients, including the 18 development, translation, and demonstration at scale of 19 innovations in manufacturing platforms: Provided further, 20 That funds in the previous proviso may be used for the 21 construction or renovation of U.S.-based next generation 22 manufacturing facilities, other than facilities owned by the 23 United States Government: Provided further, That 24 amounts provided in the eleventh proviso may be for nec25 essary expenses related to the sustained on-shore manu- HEN20945 MMS S.L.C. 250 1 facturing capacity for public health emergencies, as de2 scribed in the amendments made by section 7001 of divi3 sion A of this Act: Provided further, That of the amount 4 appropriated under this paragraph in this Act, 5 $6,000,000,000 shall be for activities to plan, prepare for, 6 promote, distribute, administer, monitor, and track 7 coronavirus vaccines to ensure broad-based distribution, 8 access, and vaccine coverage: Provided further, That the 9 Secretary shall coordinate funding and activities outlined 10 in the previous proviso through the Director of CDC: Pro11 vided further, That the Secretary, through the Director of 12 CDC, shall report to the Committees on Appropriations 13 of the House of Representatives and the Senate within 60 14 days of enactment of this Act on a comprehensive 15 coronavirus vaccine distribution strategy and spend plan 16 that includes how existing infrastructure will be leveraged, 17 enhancements or new infrastructure that may be built, 18 considerations for moving and storing vaccines, guidance 19 for how States and health care providers should prepare 20 for, store, and administer vaccines, nationwide vaccination 21 targets, funding that will be distributed to States, how an 22 informational campaign to both the public and health care 23 providers will be executed, and how the vaccine distribu24 tion plan will focus efforts on high risk, underserved, and 25 minority populations: Provided further, That such plan HEN20945 MMS S.L.C. 251 1 shall be updated and provided to the Committees on Ap2 propriations of the House of Representatives and the Sen3 ate 90 days after submission of the first plan: Provided 4 further, That the Secretary shall notify the Committees 5 on Appropriations of the House of Representatives and the 6 Senate 2 days in advance of any obligation in excess of 7 $50,000,000, including but not limited to contracts and 8 interagency agreements, from funds provided in this para9 graph in this Act: Provided further, That funds appro10 priated under this paragraph in this Act may be used for 11 the construction, alteration, or renovation of non-federally 12 owned facilities for the production of vaccines, thera13 peutics, diagnostics, and medical supplies where the Sec14 retary determines that such a contract is necessary to se15 cure sufficient amounts of such supplies: Provided further, 16 That the not later than 30 days after enactment of this 17 Act, and every 30 days thereafter until funds are ex18 pended, the Secretary shall report to the Committees on 19 Appropriations of the House of Representatives and the 20 Senate on uses of funding for Operation Warp Speed, de21 tailing current obligations by Department or Agency, or 22 component thereof broken out by the coronavirus supple23 mental appropriations Act that provided the source of 24 funds: Provided further, That the plan outlined in the pre25 vious proviso shall include funding by contract, grant, or HEN20945 MMS S.L.C. 252 1 other transaction in excess of $20,000,000 with a notation 2 of which Department or Agency, and component thereof 3 is managing the contract: 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 For an additional amount for ‘‘Public Health and So- 9 cial Services Emergency Fund’’, $16,000,000,000, to re10 main available until September 30, 2022, to prevent, pre11 pare for, and respond to coronavirus, domestically or 12 internationally, which shall be for necessary expenses for 13 testing, contact tracing, surveillance, containment, and 14 mitigation to monitor and suppress COVID–19, including 15 tests for both active infection and prior exposure, includ16 ing molecular, antigen, and serological tests, the manufac17 turing, procurement and distribution of tests, testing 18 equipment and testing supplies, including personal protec19 tive equipment needed for administering tests, the devel20 opment and validation of rapid, molecular point-of-care 21 tests, and other tests, support for workforce, epidemiology, 22 to scale up academic, commercial, public health, and hos23 pital laboratories, to conduct surveillance and contact 24 tracing, support development of COVID–19 testing plans, 25 and other related activities related to COVID–19 testing: HEN20945 MMS S.L.C. 253 1 Provided, That of the amount appropriated under this 2 paragraph in this Act, not less than $15,000,000,000 shall 3 be for States, localities, territories, tribes, tribal organiza4 tions, urban Indian health organizations, or health service 5 providers to tribes for necessary expenses for testing, con6 tact tracing, surveillance, containment, and mitigation, in7 cluding support for workforce, epidemiology, use by em8 ployers, elementary and secondary schools, child care fa9 cilities, institutions of higher education, long-term care fa10 cilities, or in other settings, scale up of testing by public 11 health, academic, commercial, and hospital laboratories, 12 and community-based testing sites, health care facilities, 13 and other entities engaged in COVID–19 testing, and 14 other related activities related to COVID–19 testing, con15 tact tracing, surveillance, containment, and mitigation: 16 Provided further, That the amount provided in the pre17 ceding proviso under this paragraph in this Act shall be 18 made available within 30 days of the date of enactment 19 of this Act: Provided further, That the amount identified 20 in the first proviso under this paragraph in this Act shall 21 be allocated to States, localities, and territories according 22 to the formula that applied to the Public Health Emer23 gency Preparedness cooperative agreement in fiscal year 24 2019: Provided further, That not less than $500,000,000 25 shall be allocated in coordination with the Director of the HEN20945 MMS S.L.C. 254 1 Indian Health Service, to tribes, tribal organizations, 2 urban Indian health organizations, or health service pro3 viders to tribes: Provided further, That the Secretary of 4 Health and Human Services (referred to in this paragraph 5 as the ‘‘Secretary’’) may satisfy the funding thresholds 6 outlined in the first and fourth provisos under this para7 graph in this Act by making awards through other grant 8 or cooperative agreement mechanisms: Provided further, 9 That the Governor or designee of each State, locality, ter10 ritory, tribe, or tribal organization receiving funds pursu11 ant to this Act shall update their plans, as applicable, for 12 COVID–19 testing and contact tracing submitted to the 13 Secretary pursuant to the Paycheck Protection Program 14 and Health Care Enhancement Act (Public Law 116–139) 15 and submit such updates to the Secretary not later than 16 60 days after funds appropriated in this paragraph in this 17 Act have been awarded to such recipient: Provided further, 18 That not later than 60 days after enactment, and every 19 quarter thereafter until funds are expended, the Governor 20 or designee of each State, locality, territory, tribe, or tribal 21 organization receiving funds shall report to the Secretary 22 on uses of funding, detailing current commitments and ob23 ligations broken out by the coronavirus supplemental ap24 propriations Act that provided the source of funds: Pro25 vided further, That not later than 15 days after receipt HEN20945 MMS S.L.C. 255 1 of such reports, the Secretary shall summarize and report 2 to the Committees on Appropriations of the House of Rep3 resentatives and the Senate on States’ commitments and 4 obligations of funding: Provided further, That funds an en5 tity receives from amounts described in the first proviso 6 in this paragraph may also be used for the rent, lease, 7 purchase, acquisition, construction, alteration, renovation, 8 or equipping of non-federally owned facilities to improve 9 coronavirus preparedness and response capability at the 10 State and local level: 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 DEPARTMENT OF EDUCATION 16 EDUCATION STABILIZATION FUND 17 For an additional amount for ‘‘Education Stabiliza- 18 tion Fund’’, $105,000,000,000, to remain available 19 through September 30, 2021, to prevent, prepare for, and 20 respond to coronavirus, domestically or internationally: 21 Provided, That such amount is designated by the Congress 22 as being for an emergency requirement pursuant to sec23 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer24 gency Deficit Control Act of 1985. HEN20945 MMS S.L.C. 256 1 GENERAL PROVISIONS 2 EDUCATION STABILIZATION FUND 3 SEC. 101. (a) ALLOCATIONS.—From the amount 4 made available under this heading in this Act to carry out 5 the Education Stabilization Fund, the Secretary shall first 6 allocate— 7 (1) not more than one half of 1 percent to the 8 outlying areas on the basis of the terms and condi- 9 tions for funding provided under this heading in the 10 Coronavirus Aid, Relief, and Economic Security 11 (CARES) Act (Public Law 116–136); and 12 (2) one-half of 1 percent for the Secretary of 13 the Interior for programs operated or funded by the 14 Bureau of Indian Education, under the terms and 15 conditions established for funding provided under 16 this heading in the CARES Act (Public Law 116– 17 136). 18 (b) RESERVATIONS.—After carrying out subsection 19 (a), the Secretary shall reserve the remaining funds made 20 available as follows: (1) 5 percent to carry out section 102 of this 21 22 title. (2) 67 percent to carry out section 103 of this 23 24 title. HEN20945 MMS S.L.C. 257 (3) 28 percent to carry out section 104 of this 1 2 3 4 title. GOVERNOR’S EMERGENCY EDUCATION RELIEF FUND SEC. 102. (a) GRANTS.—From funds reserved under 5 section 101(b)(1) of this title, the Secretary shall make 6 supplemental Emergency Education Relief grants to the 7 Governor of each State with an approved application 8 under section 18002 of division B of the CARES Act 9 (Public Law 116–136). The Secretary shall award funds 10 under this section to the Governor of each State with an 11 approved application within 30 calendar days of enact12 ment of this Act. 13 (b) ALLOCATIONS.—The amount of each grant under 14 subsection (a) shall be allocated by the Secretary to each 15 State as follows: 16 17 (1) 60 percent on the basis of their relative population of individuals aged 5 through 24. 18 (2) 40 percent on the basis of their relative 19 number of children counted under section 1124(c) of 20 the Elementary and Secondary Education Act of 21 1965 (referred to under this heading as ‘‘ESEA’’). 22 (c) USES OF FUNDS.—Grant funds awarded under 23 subsection (b) may be used to— 24 (1) provide emergency support through grants 25 to local educational agencies that the State edu- HEN20945 MMS S.L.C. 258 1 cational agency deems have been most significantly 2 impacted by coronavirus to support the ability of 3 such local educational agencies to continue to pro- 4 vide educational services to their students and to 5 support the on-going functionality of the local edu- 6 cational agency; 7 (2) provide emergency support through grants 8 to institutions of higher education serving students 9 within the State that the Governor determines have 10 been most significantly impacted by coronavirus to 11 support the ability of such institutions to continue to 12 provide educational services and support the on- 13 going functionality of the institution; and 14 (3) provide support to any other institution of 15 higher education, local educational agency, or edu- 16 cation related entity within the State that the Gov- 17 ernor deems essential for carrying out emergency 18 educational services to students for authorized ac- 19 tivities described in section 103(e) of this title, the 20 ESEA of 1965, the Higher Education Act of 1965, 21 the provision of child care and early childhood edu- 22 cation, social and emotional support, career and 23 technical education, adult education, and the protec- 24 tion of education-related jobs. HEN20945 MMS S.L.C. 259 1 (d) REALLOCATION.—Each Governor shall return to 2 the Secretary any funds received under this section that 3 the Governor does not award within 6 months of receiving 4 such funds and the Secretary shall reallocate such funds 5 to the remaining States in accordance with subsection (b). 6 (e) REPORT.—A Governor receiving funds under this 7 section shall submit a report to the Secretary, not later 8 than 6 months after receiving funding provided in this 9 Act, in such manner and with such subsequent frequency 10 as the Secretary may require, that provides a detailed ac11 counting of the use of funds provided under this section. 12 ELEMENTARY AND SECONDARY SCHOOL EMERGENCY 13 RELIEF FUND 14 SEC. 103. (a) GRANTS.—From funds reserved under 15 section 101(b)(2) of this title, the Secretary shall make 16 supplemental elementary and secondary school emergency 17 relief grants to each State educational agency with an ap18 proved application under section 18003 of division B of 19 the CARES Act (Public Law 116–136). The Secretary 20 shall award funds under this section to each State edu21 cational agency with an approved application within 15 22 calendar days of enactment of this Act. 23 (b) ALLOCATIONS TO STATES.—The amount of each 24 grant under subsection (a) shall be allocated by the Sec25 retary to each State in the same proportion as each State HEN20945 MMS S.L.C. 260 1 received under part A of title I of the ESEA of 1965 in 2 the most recent fiscal year. 3 (c) SUBGRANTS.—From the payment provided by the 4 Secretary under subsection (b), the State educational 5 agency may provide services and assistance to local edu6 cational agencies and non-public schools, consistent with 7 the provisions of this title. After carrying out the reserva8 tion of funds in section 105 of this title, each State shall 9 allocate not less than 90 percent of the remaining grant 10 funds awarded to the State under this section as sub11 grants to local educational agencies (including charter 12 schools that are local educational agencies) in the State 13 in proportion to the amount of funds such local edu14 cational agencies and charter schools that are local edu15 cational agencies received under part A of title I of the 16 ESEA of 1965 in the most recent fiscal year. The State 17 educational agency shall make such subgrants to local 18 educational agencies as follows— 19 (1) one-third of funds shall be awarded not less 20 than 15 calendar days after receiving an award from 21 the Secretary under this section; and 22 (2) the remaining two-thirds of funds shall be 23 awarded only after the local educational agency sub- 24 mits to the Governor and the Governor approves a 25 comprehensive school reopening plan for the 2020– HEN20945 MMS S.L.C. 261 1 2021 school-year, based on criteria determined by 2 the Governor in consultation with the State edu- 3 cational agency (including criteria for the Governor 4 to carry out subparagraph (A) through (C)), that 5 describes how the local educational agency will safely 6 reopen schools with the physical presence of stu- 7 dents, consistent with maintaining safe and contin- 8 uous operations aligned with challenging state aca- 9 demic standards. The Governor shall approve such 10 plans within 30 days after the plan is submitted, 11 subject to the requirements in subparagraphs (A) 12 through (C). 13 (A) A local educational agency that pro- 14 vides in-person instruction for at least 50 per- 15 cent of its students where the students phys- 16 ically attend school no less than 50 percent of 17 each school-week, as it was defined by the local 18 educational agency prior to the coronavirus 19 emergency, shall have its plan automatically ap- 20 proved. 21 (B) A local educational agency that does 22 not provide in-person instruction to any stu- 23 dents where the students physically attend 24 school in-person shall not be eligible to receive 25 a subgrant under paragraph (2). HEN20945 MMS S.L.C. 262 1 (C) A local educational agency that pro- 2 vides in-person instruction to at least some stu- 3 dents where the students physically attend 4 school in-person but does not satisfy the re- 5 quirements in subparagraph (A) shall have its 6 allocation reduced on a pro rata basis as deter- 7 mined by the Governor. 8 (d) PLAN CONTENTS.—A school reopening plan sub- 9 mitted to a Governor under subsection (c)(2) shall include, 10 in addition to any other information necessary to meet the 11 criteria determined by the Governor— 12 (1) A detailed timeline for when the local edu- 13 cational agency will provide in-person instruction, in- 14 cluding the goals and criteria used for providing full- 15 time in-person instruction to all students; 16 (2) A description of how many days of in-per- 17 son instruction per calendar week the local edu- 18 cational agency plans to offer to students during the 19 2020–2021 school year; and 20 (3) An assurance that the local educational 21 agency will offer students as much in-person instruc- 22 tion as is safe and practicable, consistent with main- 23 taining safe and continuous operations aligned with 24 challenging state academic standards. 25 (e) USES OF FUNDS.— HEN20945 MMS S.L.C. 263 1 (1) A local educational agency or non-public 2 school that receives funds under subsection (c)(1) or 3 section 105 may use funds for any of the following: 4 (A) Activities to support returning to in- 5 person instruction, including purchasing per- 6 sonal protective equipment, implementing flexi- 7 ble schedules to keep children in isolated 8 groups, purchasing box lunches so that children 9 can eat in their classroom, purchasing physical 10 barriers, providing additional transportation 11 services, repurposing existing school rooms and 12 space, and improving ventilation systems. 13 (B) Developing and implementing proce- 14 dures and systems to improve the preparedness 15 and response efforts of local educational agen- 16 cies or non-public schools including coordination 17 with State, local, Tribal, and territorial public 18 health departments, and other relevant agen- 19 cies, to improve coordinated responses among 20 such entities to prevent, prepare for, and re- 21 spond to coronavirus. 22 (C) Providing principals and other school 23 leaders with the resources necessary to address 24 the needs of their individual schools directly re- 25 lated to coronavirus. HEN20945 MMS S.L.C. 264 1 (D) Providing additional services to ad- 2 dress the unique needs of low-income children 3 or students, children with disabilities, English 4 learners, racial and ethnic minorities, students 5 experiencing homelessness, and foster care 6 youth, including how outreach and service deliv- 7 ery will meet the needs of each population. 8 (E) Training and professional development 9 for staff of the local educational agency or non- 10 public school on sanitation and minimizing the 11 spread of infectious diseases. 12 (F) Purchasing supplies to sanitize, clean, 13 and disinfect the facilities of a local educational 14 agency or non-public school, including buildings 15 operated by such agency. 16 (G) Planning for and coordinating during 17 long-term closures, including for how to provide 18 meals to eligible students, how to provide tech- 19 nology for online learning to all students, how 20 to provide guidance for carrying out require- 21 ments under the Individuals with Disabilities 22 Education Act (20 U.S.C. 1401 et seq.) and 23 how to ensure other educational services can 24 continue to be provided consistent with all Fed- 25 eral, State, and local requirements. HEN20945 MMS S.L.C. 265 1 (H) Purchasing educational technology (in- 2 cluding hardware, software, and connectivity) 3 for students who are served by the local edu- 4 cational agency or non-public school that aids 5 in regular and substantive educational inter- 6 action between students and their classroom in- 7 structors, including low-income students and 8 students with disabilities, which may include as- 9 sistive technology or adaptive equipment. 10 (I) Expanding healthcare and other health 11 services (including mental health services and 12 supports), including for children at risk of 13 abuse or neglect. 14 (J) Planning and implementing activities 15 related to summer learning and supplemental 16 afterschool programs, including providing class- 17 room instruction or online learning during the 18 summer months and addressing the needs of 19 low-income students, students with disabilities, 20 English learners, migrant students, students ex- 21 periencing homelessness, and children in foster 22 care. 23 (2) A local educational agency that receives 24 funds under subsection (c)(2) may use the funds for HEN20945 MMS S.L.C. 266 1 activities to carry out a comprehensive school re- 2 opening plan as described in this section, including: 3 (A) Purchasing personal protective equip- 4 ment, implementing flexible schedules to keep 5 children in isolated groups, purchasing box 6 lunches so that children can eat in their class- 7 room, purchasing physical barriers, providing 8 additional transportation services, repurposing 9 existing school rooms and space, and improving 10 ventilation systems. 11 (B) Developing and implementation of pro- 12 cedures and systems to improve the prepared- 13 ness and response efforts of local educational 14 agencies or non-public schools, including coordi- 15 nation with State, local, Tribal, and territorial 16 public health departments, and other relevant 17 agencies, to improve coordinated responses 18 among such entities to prevent, prepare for, 19 and respond to coronavirus. 20 (C) Providing principals and others school 21 leaders with the resources necessary to address 22 the needs of their individual schools. 23 (D) Providing additional services to ad- 24 dress the unique needs of low-income children 25 or students, children with disabilities, English HEN20945 MMS S.L.C. 267 1 learners, racial and ethnic minorities, students 2 experiencing homelessness, and foster care 3 youth, including how outreach and service deliv- 4 ery will meet the needs of each population. 5 (E) Training and professional development 6 for staff of the local educational agency or non- 7 public school on sanitation and minimizing the 8 spread of infectious diseases. 9 (F) Purchasing supplies to sanitize, clean, 10 and disinfect the facilities of a local educational 11 agency or non-public school, including buildings 12 operated by such agency. 13 (G) Purchasing educational technology (in- 14 cluding hardware, software, and connectivity) 15 for students who are served by the local edu- 16 cational agency or non-public school that aids 17 in regular and substantive educational inter- 18 action between students and their classroom in- 19 structors, including low-income students and 20 students with disabilities, which may include as- 21 sistive technology or adaptive equipment. 22 (H) Expanding healthcare and other 23 health services (including mental health services 24 and supports), including for children at risk of 25 abuse or neglect. HEN20945 MMS S.L.C. 268 1 (I) Planning and implementing activities 2 related to summer learning and supplemental 3 afterschool programs, including providing class- 4 room instruction during the summer months 5 and addressing the needs of low-income stu- 6 dents, students with disabilities, English learn- 7 ers, migrant students, students experiencing 8 homelessness, and children in foster care. 9 (f) STATE FUNDING.—With funds not otherwise allo- 10 cated or reserved under this section, a State may reserve 11 not more than 1/2 of 1 percent of its grant under this 12 section for administrative costs and the remainder for 13 emergency needs as determined by the State educational 14 agency to address issues responding to coronavirus, which 15 may be addressed through the use of grants or contracts. 16 (g) ASSURANCES.—A State, State educational agen- 17 cy, or local educational agency receiving funding under 18 this section shall provide assurances, as applicable, that: 19 (1) A State, State educational agency, or local 20 educational agency will maintain and expand access 21 to high-quality schools, including high-quality public 22 charter schools, and will not— 23 (A) enact policies to close or prevent the 24 expansion of such schools to address revenue 25 shortfalls that result in the disproportionate HEN20945 MMS S.L.C. 269 1 closure or denial of expansion of public charter 2 schools that are otherwise meeting the terms of 3 their charter for academic achievement; or 4 (B) disproportionally reduce funding to 5 charter schools or otherwise increase funding 6 gaps between charter schools and other public 7 schools in the local educational agency. 8 (2) Allocations of funding and services provided 9 from funds provided in this section to public charter 10 schools are made on the same basis as is used for 11 all public schools, consistent with state law and in 12 consultation with charter school leaders. 13 (h) REPORT.—A State receiving funds under this sec- 14 tion shall submit a report to the Secretary, not later than 15 6 months after receiving funding provided in this Act, in 16 such manner and with such subsequent frequency as the 17 Secretary may require, that provides a detailed accounting 18 of the use of funds provided under this section. 19 (i) REALLOCATION.—A State shall return to the Sec- 20 retary any funds received under this section that the State 21 does not award within 4 months of receiving such funds 22 and the Secretary shall deposit such funds into the general 23 fund of the Treasury. 24 (j) RULE OF CONSTRUCTION.— HEN20945 MMS S.L.C. 270 1 (1) The receipt of any funds authorized or ap- 2 propriated under this section, including pursuant to 3 section 105 of this Act, by a nonprofit entity, or by 4 any individual who has been admitted or applied for 5 admission to such entity (or any parent or guardian 6 of such individual), shall not be construed to render 7 such entity or person a recipient of Federal financial 8 assistance for any purpose, nor shall any such per- 9 son or entity be required to make any alteration to 10 its existing programs, facilities, or employment prac- 11 tices except as required under this section. 12 (2) No State participating in any program 13 under this section, including pursuant to section 105 14 of this Act, shall impose any penalty or additional 15 requirement upon, or otherwise disadvantage, such 16 entity or person as a consequence or condition of its 17 receipt of such funds. 18 (3) No State participating in any program 19 under this section shall authorize any person or enti- 20 ty to use any funds authorized or appropriated 21 under this section, including pursuant to section 105 22 of this Act, except as provided by subsection (e), nor 23 shall any such State impose any limits upon the use 24 of any such funds except as provided by subsection 25 (e). HEN20945 MMS S.L.C. 271 1 HIGHER EDUCATION EMERGENCY RELIEF FUND 2 SEC. 104. (a) IN GENERAL.—From funds reserved 3 under section 101(b)(3) of this title the Secretary shall 4 allocate amounts as follows: 5 (1) 85 percent to each institution of higher edu- 6 cation described in section 101 or section 102(c) of 7 the Higher Education Act of 1965 to prevent, pre- 8 pare for, and respond to coronavirus, by appor- 9 tioning it— 10 (A) 90 percent according to the relative 11 share of full-time equivalent enrollment of Fed- 12 eral Pell Grant recipients who were not exclu- 13 sively enrolled in distance education courses 14 prior to the coronavirus emergency; and 15 (B) 10 percent according to the relative 16 share of full-time equivalent enrollment of stu- 17 dents who were not Federal Pell Grant recipi- 18 ents who were not exclusively enrolled in dis- 19 tance education courses prior to the coronavirus 20 emergency. 21 (2) 10 percent for additional awards under 22 parts A and B of title III, parts A and B of title 23 V, and subpart 4 of part A of title VII of the Higher 24 Education Act to address needs directly related to 25 coronavirus, that shall be in addition to awards HEN20945 MMS S.L.C. 272 1 made in section 104(a)(1) of this title, and allocated 2 by the Secretary proportionally to such programs 3 based on the relative share of funding appropriated 4 to such programs in the Further Consolidated Ap- 5 propriations Act, 2020 (Public Law 116–94) and 6 distributed to eligible institutions of higher edu- 7 cation, except as otherwise provided in subpara- 8 graphs (A)–(D), on the basis of the formula de- 9 scribed in section 104(a)(1) of this title: 10 (A) Except as otherwise provided in sub- 11 paragraph (B), for eligible institutions under 12 part B of title III and subpart 4 of part A of 13 title VII of the Higher Education Act, the Sec- 14 retary shall allot to each eligible institution an 15 amount using the following formula: 16 (i) 70 percent according to a ratio 17 equivalent to the number of Pell Grant re- 18 cipients in attendance at such institution 19 at the end of the school year preceding the 20 beginning of the most recent fiscal year 21 and the total number of Pell Grant recipi- 22 ents at all such institutions; 23 (ii) 20 percent according to a ratio 24 equivalent to the total number of students 25 enrolled at such institution at the end of HEN20945 MMS S.L.C. 273 1 the school year preceding the beginning of 2 that fiscal year and the number of stu- 3 dents enrolled at all such institutions; and 4 (iii) 10 percent according to a ratio 5 equivalent to the total endowment size at 6 all eligible institutions at the end of the 7 school year preceding the beginning of that 8 fiscal year and the total endowment size at 9 such institutions; 10 (B) For eligible institutions under section 11 326 of the Higher Education Act, the Secretary 12 shall allot to each eligible institution an amount 13 in proportion to the award received from fund- 14 ing for such institutions in the Further Consoli- 15 dated Appropriations Act, 2020 (Public Law 16 116–94); 17 (C) For eligible institutions under section 18 316 of the Higher Education Act, the Secretary 19 shall allot funding according to the formula in 20 section 316(d)(3) of the Higher Education Act; 21 and 22 (D) Notwithstanding section 318(f) of the 23 Higher Education Act, for eligible institutions 24 under section 318 of the Higher Education Act, 25 the Secretary shall allot funding according to HEN20945 MMS S.L.C. 274 1 the formula in section 318(e) of the Higher 2 Education Act. 3 (3) 5 percent for grants to institutions of high- 4 er education that the Secretary determines, through 5 an application process and after allocating funds 6 under paragraphs 104(a)(1) and (2) of this Act, 7 have 8 coronavirus. In awarding funds to institutions of 9 higher education under this paragraph the Secretary 10 the greatest unmet needs related to shall prioritize institutions of higher education— 11 (A) described under title I of the Higher 12 Education Act of 1965 that were not eligible to 13 receive an award under section 104(a)(1) of 14 this title, including institutions described in sec- 15 tion 102(b) of the Higher Education Act of 16 1965; and 17 (B) that otherwise demonstrate significant 18 needs related to coronavirus that were not ad- 19 dressed by funding allocated under subsections 20 (a)(1) or (a)(2) of this section. 21 (b) DISTRIBUTION.—The funds made available to 22 each institution under subsection (a)(1) shall be distrib23 uted by the Secretary using the same systems as the Sec24 retary otherwise distributes funding to each institution HEN20945 MMS S.L.C. 275 1 under title IV of the Higher Education Act of 1965 (20 2 U.S.C. 1001 et seq.). 3 (c) USES OF FUNDS.—An institution of higher edu- 4 cation receiving funds under this section may use the 5 funds received to: 6 (1) defray expenses associated with coronavirus 7 (including lost revenue, reimbursement for expenses 8 already incurred, technology costs associated with a 9 transition to distance education, faculty and staff 10 trainings, and payroll); and 11 (2) provide financial aid grants to students (in- 12 cluding students exclusively enrolled in distance edu- 13 cation), which may be used for any component of the 14 student’s cost of attendance or for emergency costs 15 that arise due to coronavirus. 16 (d) SPECIAL PROVISIONS.— 17 (1) A Historically Black College and University 18 or a Minority Serving Institution may use prior 19 awards provided under titles III, V, and VII of the 20 Higher Education Act to prevent, prepare for, and 21 respond to coronavirus. 22 (2) An institution of higher education receiving 23 funds under section 18004 of division B of the 24 CARES Act (Public Law 116–136) may use those 25 funds under the terms and conditions of section HEN20945 MMS S.L.C. 276 1 104(c) of this Act. Amounts repurposed pursuant to 2 this paragraph that were previously designated by 3 the Congress as an emergency requirement pursuant 4 to the Balanced Budget and Emergency Deficit Con- 5 trol Act of 1985 are designated by the Congress as 6 an emergency requirement pursuant to section 7 251(b)(2)(A)(i) of the Balanced Budget and Emer- 8 gency Deficit Control Act of 1985. 9 (3) No funds received by an institution of high- 10 er education under this section shall be used to fund 11 contractors for the provision of pre-enrollment re- 12 cruitment activities; endowments; or capital outlays 13 associated with facilities related to athletics, sec- 14 tarian instruction, or religious worship. 15 (4) An institution of higher education that was 16 required to remit payment to the Internal Revenue 17 Service for the excise tax based on investment in- 18 come of private colleges and universities under sec- 19 tion 4968 of the Internal Revenue Code of 1986 for 20 tax year 2019 shall have their allocation under this 21 section reduced by 50 percent and may only use 22 funds for activities described in paragraph (c)(2). 23 This paragraph shall not apply to an institution of 24 higher education designated by the Secretary as an HEN20945 MMS S.L.C. 277 1 eligible institution under section 448 of the Higher 2 Education Act of 1965. 3 (e) REPORT.—An institution receiving funds under 4 this section shall submit a report to the Secretary, not 5 later than 6 months after receiving funding provided in 6 this Act, in such manner and with such subsequent fre7 quency as the Secretary may require, that provides a de8 tailed accounting of the use of funds provided under this 9 section. 10 (f) REALLOCATION.—Any funds allocated to an insti- 11 tution of higher education under this section on the basis 12 of a formula described in subsection (a)(1) or (a)(2) but 13 for which an institution does not apply for funding within 14 60 days of the publication of the notice inviting applica15 tions, shall be reallocated to eligible institutions that had 16 submitted an application by such date. 17 18 ASSISTANCE TO NON-PUBLIC SCHOOLS SEC. 105. (a) FUNDS AVAILABILITY.—From the pay- 19 ment provided by the Secretary under section 103 of this 20 title to a State educational agency, the State educational 21 agency shall reserve an amount of funds equal to the per22 centage of students enrolled in non-public elementary and 23 secondary schools in the State prior to the coronavirus 24 emergency. Upon reserving funds under this section, the 25 Governor of the State may award subgrants— HEN20945 MMS S.L.C. 278 1 (1) to eligible scholarship-granting organiza- 2 tions for carrying out section 6001 of division A of 3 this Act; and 4 (2) to non-public schools accredited or other- 5 wise located in and licensed to operate in the State 6 based on the number of students enrolled in the non- 7 public school prior to the coronavirus emergency, 8 subject to the requirements in subsection (b). 9 (b)(1) A non-public school that provides in-person in- 10 struction for at least 50 percent of its students where the 11 students physically attend school no less than 50 percent 12 of each school-week, as determined by the non-public 13 school prior to the coronavirus emergency, shall be eligible 14 for the full amount of assistance per student as prescribed 15 under this section. 16 (2) A non-public school that does not provide in-per- 17 son instruction to any students where the students phys18 ically attend school in-person shall only be eligible for one19 third of the amount of assistance per student as prescribed 20 under this section. 21 (3) A non-public school that provides in-person in- 22 struction to at least some students where the students 23 physically attend school in-person but does not satisfy the 24 requirements in paragraph (1) shall have its amount of 25 assistance as prescribed under this section reduced on a HEN20945 MMS S.L.C. 279 1 pro rata basis, which shall be calculated using the same 2 methodology as is used under section 103(c)(2)(C) of this 3 title. 4 (c) A Governor shall allocate not less than 50 percent 5 of the funds reserved in this section to non-public schools 6 or eligible scholarship-granting organizations within 30 7 days of receiving an award from the Secretary and the 8 remaining 50 percent not less than 4 months after receiv9 ing an award from the Secretary. 10 11 CONTINUED PAYMENT TO EMPLOYEES SEC. 106. A local educational agency, State, institu- 12 tion of higher education, or other entity that receives 13 funds under ‘‘Education Stabilization Fund’’, shall to the 14 greatest extent practicable, continue to pay its employees 15 and contractors during the period of any disruptions or 16 closures related to coronavirus. 17 18 DEFINITIONS SEC. 107. Except as otherwise provided in sections 19 101–106 of this title, as used in such sections— 20 (1) the terms ‘‘elementary education’’ and ‘‘sec- 21 ondary education’’ have the meaning given such 22 terms under State law; 23 (2) the term ‘‘institution of higher education’’ 24 has the meaning given such term in title I of the HEN20945 MMS S.L.C. 280 1 Higher Education Act of 1965 (20 U.S.C. 1001 et 2 seq.); 3 4 (3) the term ‘‘Secretary’’ means the Secretary of Education; 5 (4) the term ‘‘State’’ means each of the 50 6 States, the District of Columbia, and the Common- 7 wealth of Puerto Rico; 8 (5) the term ‘‘cost of attendance’’ has the 9 meaning given such term in section 472 of the High- 10 er Education Act of 1965. 11 (6) the term ‘‘Non-public school’’ means a non- 12 public elementary and secondary school that (A) is 13 accredited, licensed, or otherwise operates in accord- 14 ance with State law; and (B) was in existence prior 15 to the date of the qualifying emergency for which 16 grants are awarded under this section; 17 18 (7) the term ‘‘public school’’ means a public elementary or secondary school; and 19 (8) any other term used that is defined in sec- 20 tion 8101 of the Elementary and Secondary Edu- 21 cation Act of 1965 (20 U.S.C. 7801) shall have the 22 meaning given the term in such section. 23 24 GENERAL PROVISION—THIS TITLE SEC. 108. Not later than 30 days after the date of 25 enactment of this Act, the Secretaries of Health and HEN20945 MMS S.L.C. 281 1 Human Services and Education shall provide a detailed 2 spend plan of anticipated uses of funds made available in 3 this title, including estimated personnel and administra4 tive costs, to the Committees on Appropriations of the 5 House of Representatives and the Senate: Provided, That 6 such plans shall be updated and submitted to such Com7 mittees every 60 days until September 30, 2024: Provided 8 further, That the spend plans shall be accompanied by a 9 listing of each contract obligation incurred that exceeds 10 $5,000,000 which has not previously been reported, in11 cluding the amount of each such obligation. 12 TITLE II 13 DEPARTMENT OF AGRICULTURE 14 AGRICULTURAL PROGRAMS 15 16 OFFICE OF THE SECRETARY For an additional amount for the ‘‘Office of the Sec- 17 retary’’, $20,000,000,000, to remain available until ex18 pended, to prevent, prepare for, and respond to 19 coronavirus by providing support for agricultural pro20 ducers, growers, and processors impacted by coronavirus, 21 including producers, growers, and processors of specialty 22 crops, non-specialty crops, dairy, livestock and poultry, in23 cluding livestock and poultry depopulated due to insuffi24 cient processing access and growers who produce livestock 25 or poultry under a contract for another entity: Provided, HEN20945 MMS S.L.C. 282 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 TITLE III 6 DEPARTMENT OF COMMERCE 7 FISHERIES DISASTER ASSISTANCE 8 For an additional amount for ‘‘Fisheries Disaster As- 9 sistance’’, $500,000,000, 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 activities authorized under section 12005 of the 13 Coronavirus Aid, Relief, and Economic Security Act (Pub14 lic Law 116–136): Provided, That the formula prescribed 15 by the Secretary of Commerce to allocate the amount pro16 vided under this heading in this Act shall be divided pro17 portionally to States, Tribes, and territories and shall be 18 the same as the formula used for funds appropriated 19 under section 12005 of Public Law 116–136, but shall be 20 calculated to also evenly weight the 5-year total annual 21 average domestic landings for each State, Tribe, and terri22 tory: Provided further, That the amount provided under 23 this heading in this Act shall only be allocated to States 24 of the United States in, or bordering on, the Atlantic, Pa25 cific, or Arctic Ocean, or the Gulf of Mexico, as well as HEN20945 MMS S.L.C. 283 1 to Puerto Rico, the Virgin Islands, Guam, the Common2 wealth of the Northern Mariana Islands, American 3 Samoa, Federally Recognized Tribes on the West Coast, 4 and Federally Recognized Tribes in Alaska: Provided fur5 ther, That no State, Tribe, or territory shall receive a total 6 amount in a fiscal year that is from amounts provided 7 under either section 12005 of Public Law 116–136 or 8 amounts provided under this heading in this Act that ex9 ceeds that State, Tribe, or territory’s total annual average 10 revenue from commercial fishing operations, aquaculture 11 firms, the seafood supply chain, and charter fishing busi12 nesses: Provided further, That such amount is designated 13 by the Congress as being for an emergency requirement 14 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg15 et and Emergency Deficit Control Act of 1985. 16 TITLE IV 17 GENERAL PROVISIONS—THIS ACT 18 SEC. 401. Each amount appropriated or made avail- 19 able by this Act is in addition to amounts otherwise appro20 priated for the fiscal year involved. 21 SEC. 402. No part of any appropriation contained in 22 this Act shall remain available for obligation beyond the 23 current fiscal year unless expressly so provided herein. 24 SEC. 403. Unless otherwise provided for by this Act, 25 the additional amounts appropriated by this Act to appro- HEN20945 MMS S.L.C. 284 1 priations accounts shall be available under the authorities 2 and conditions applicable to such appropriations accounts 3 for fiscal year 2020. 4 SEC. 404. In this Act, the term ‘‘coronavirus’’ means 5 SARS–CoV–2 or another coronavirus with pandemic po6 tential. 7 SEC. 405. Each amount designated in this Act 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 shall be available 11 (or rescinded or transferred, if applicable) only if the 12 President subsequently so designates all such amounts 13 and transmits such designations to the Congress. 14 SEC. 406. Any amount appropriated by this Act, des- 15 ignated by the Congress as an emergency requirement 16 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg17 et and Emergency Deficit Control Act of 1985 and subse18 quently so designated by the President, and transferred 19 pursuant to transfer authorities provided by this Act shall 20 retain such designation. 21 22 BUDGETARY EFFECTS SEC. 407. (a) STATUTORY PAYGO SCORECARDS.— 23 The budgetary effects of this division shall not be entered 24 on either PAYGO scorecard maintained pursuant to sec25 tion 4(d) of the Statutory Pay As-You-Go Act of 2010. HEN20945 MMS S.L.C. 285 1 (b) SENATE PAYGO SCORECARDS.—The budgetary 2 effects of this division shall not be entered on any PAYGO 3 scorecard maintained for purposes of section 4106 of H. 4 Con. Res. 71 (115th Congress). 5 (c) CLASSIFICATION OF BUDGETARY EFFECTS.— 6 Notwithstanding Rule 3 of the Budget Scorekeeping 7 Guidelines set forth in the joint explanatory statement of 8 the committee of conference accompanying Conference Re9 port 105–217 and section 250(c)(7) and (c)(8) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985, 11 the budgetary effects of this division shall be estimated 12 for purposes of section 251 of such Act. 13 14 (d) ENSURING NO WITHIN-SESSION SEQUESTRATION.—Solely for the purpose of calculating a breach with- 15 in a category for fiscal year 2020 pursuant to section 16 251(a)(6) or section 254(g) of the Balanced Budget and 17 Emergency Deficit Control Act of 1985, and notwith18 standing any other provision of this division, the budg19 etary effects from this division shall be counted as 20 amounts designated as being for an emergency require21 ment pursuant to section 251(b)(2)(A) of such Act. 22 This division may be cited as the ‘‘Coronavirus Re- 23 sponse Additional Supplemental Appropriations Act, 24 2020’’.