Text: H.R.6379 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in House (03/23/2020)


116th CONGRESS
2d Session
H. R. 6379


Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

March 23, 2020

Mrs. Lowey (for herself, Mr. Neal, Mr. Pallone, Mr. DeFazio, Mr. Scott of Virginia, Ms. Velázquez, Ms. Waters, Mrs. Carolyn B. Maloney of New York, and Ms. Lofgren) introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committees on the Budget, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Take Responsibility for Workers and Families Act”.

SEC. 2. Table of Contents.

The table of contents is as follows:


Title I—Agriculture, Rural Development, Food and Drug Administration, and Related Agencies

Title II—Commerce, Justice, Science, and Related Agencies

Title III—Department of Defense

Title IV—Energy and Water Development and Related Agencies

Title V—Financial Services and General Government

Title VI—Department of Homeland Security

Title VII—Interior, Environment, and Related Agencies

Title VIII—Departments of Labor, Health and Human Services, and Education, and Related Agencies

Title IX—Legislative Branch

Title X—Military Construction, Veterans Affairs, and Related Agencies

Title XI—Department of State, Foreign Operations, and Related Programs

Title XII—Transportation, Housing and Urban Development, and Related Agencies

Title XIII—General Provisions—This Division

Title I—Medicaid

Title II—Medicare

Title III—Private Insurance

Title IV—Provisions relating to Older Americans Act of 1965

Title V—Public health policies

Title I—Federal Benefit Enhancements

Title II—Expanded Eligibility for Unemployment Compensation

Title III—Relief for Governmental and Nonprofit Entities

Title IV—Emergency Assistance for Rail Workers

Title I—Protecting Consumers, Renters, Homeowners and People Experiencing Homelessness

Title II—Assisting Small Businesses and Community Financial Institutions

Title III—Supporting State, Territory, and Local Governments

Title IV—Promoting Financial Stability and Transparent Markets

Title V—Pandemic Planning and Guidance for Consumers and Regulators

Title I—Education provisions

Title II—Other programs

Title I—Commodity Support and other Agriculture Programs

Title II—Supplemental Nutrition Assistance Program

Title I—Aviation Worker Relief

Title II—Labor Protections

Title III—Airline Industry Financial Oversight

Title IV—Airport Relief

Title V—Small Community Air Service

Title VI—Consumer Protections

Title VII—Environmental Protections

Title VIII—Miscellaneous

Title I—Health-related tax relief

Title II—Economic Stimulus

Title III—Administrative

Title IV—Retirement provisions

Title V—Rehabilitation for Multiemployer Pensions

Title I—COVID–19 Price Gouging Prevention

Title II—E–Rate Support for Wi-Fi Hotspots and Connected Devices

Title III—Emergency Lifeline Benefit for Broadband Service

Title IV—Continued Connectivity

Title V—Don’t Break Up the T–Band

SEC. 3. References.

Except as expressly provided otherwise, any reference to “this Act” contained in any division of this Act shall be treated as referring only to the provisions of that division.

DEPARTMENT OF AGRICULTURE

Animal And Plant Health Inspection Service

salaries and expenses

For an additional amount for “Salaries and Expenses”, $55,000,000, to prevent, prepare for, and respond to coronavirus, to supplement amounts otherwise available for the Agricultural Quarantine Inspection Program: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Agricultural Marketing Service

marketing services

For an additional amount for “Marketing Services”, $45,000,000, to prevent, prepare for, and respond to coronavirus, to supplement amounts otherwise available for commodity grading, inspection, and audit activities: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Food Safety And Inspection Service

For an additional amount for “Food Safety and Inspection Service”, $33,000,000, to prevent, prepare for, and respond to coronavirus, for the support of temporary and intermittent workers, temporary inspection relocation, and overtime inspection costs: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Farm Service Agency

salaries and expenses

For an additional amount for “Salaries and Expenses”, $3,000,000, to prevent, prepare for, and respond to coronavirus, for temporary staff and overtime expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Rural Business—cooperative Service

rural business program account

For an additional amount for “Rural Business Program Account”, $20,500,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, for the cost of loans for rural business development programs authorized by section 310B and described in subsection (g) of section 310B of the Consolidated Farm and Rural Development Act: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Rural Utilities Service

distance learning, telemedicine, and broadband program

For an additional amount for “Distance Learning, Telemedicine, and Broadband Program”, $25,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, for grants for telemedicine and distance learning services in rural areas as authorized by 7 U.S.C. 950aaa et seq.: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Food And Nutrition Service

commodity assistance program

For an additional amount for “Commodity Assistance Program”, for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)), $450,000,000, to remain available through September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That of the funds made available, the Secretary may use up to $200,000,000 for costs associated with the distribution of commodities: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Foreign Agricultural Service

salaries and expenses

For an additional amount for “Salaries and Expenses”, $4,000,000, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food And Drug Administration

salaries and expenses

For an additional amount for “Salaries and Expenses”, $80,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, for efforts on potential medical product shortages, enforcement work against counterfeit or misbranded products, work on Emergency Use Authorizations, pre- and post-market work on medical countermeasures, therapies, vaccines and research, and related administrative activities: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

GENERAL PROVISIONS—THIS TITLE

Sec. 10101. For an additional amount for grants under the pilot program established under section 779 of Public Law 115–141, to prevent, prepare for, and respond to coronavirus, $258,000,000, to remain available until September 30, 2021: Provided, That at least 90 percent of the households to be served by a project receiving a grant shall be in a rural area without sufficient access to broadband: Provided further, That for purposes of such pilot program, a rural area without sufficient access to broadband shall be defined as 10 Mbps downstream and 1 Mbps upstream, and such definition shall be reevaluated and redefined, as necessary, on an annual basis by the Secretary of Agriculture: Provided further, That an entity to which a grant is made under the pilot program shall not use a grant to overbuild or duplicate broadband expansion efforts made by any entity that has received a broadband loan from the Rural Utilities Service: Provided further, That priority consideration for grants shall be given to previous applicants now eligible as a result of adjusted eligibility requirements: Provided further, That not more than three percent of the funds made available in this paragraph may be used for administrative costs to carry out the program: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Sec. 10102. The first amount under “Child Nutrition Programs” in Division B of the Further Consolidated Appropriations Act, 2020 (P.L. 116–94) is amended by striking “$23,615,098,000” and inserting “$32,615,098,000”.

Sec. 10103. The matter under the heading “Supplemental Nutrition Assistance Program” in division B of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) is amended by inserting before “: Provided,” the following: “and for an additional amount, such sums as may be necessary to remain available through September 30, 2022, which shall be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program operations”.

Sec. 10104. For an additional amount for “Supplemental Nutrition Assistance Program”, to supplement funds otherwise available for the Food Distribution Program on Indian Reservations, $100,000,000, to remain available through September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That of the total amount available, $50,000,000 is for administrative expenses, including facility improvements and equipment upgrades, and $50,000,000 is for the costs relating to additional food purchases: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Sec. 10105. In addition to amounts otherwise made available, $200,000,000, to remain available through September 30, 2021, to prevent, prepare for, and respond to coronavirus, shall be available for the Secretary of Agriculture to provide grants to the Commonwealth of the Northern Mariana Islands, Puerto Rico, and American Samoa for nutrition assistance: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Sec. 10106. The Secretary may extend the term of a marketing assistance loan authorized by section 1201 of the Agricultural Act of 2014 (7 U.S.C. 9033) for any loan commodity to 12 months: Provided, That the authority made available pursuant to this section shall expire on September 30, 2020: Provided further, That amounts made available by this section are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Sec. 10107. Notwithstanding any other provision of law, funds made available under each heading in this title shall only be used for the purposes specifically described under that heading.

DEPARTMENT OF COMMERCE

Economic Development Administration

economic development assistance programs

(including transfers of funds)

For an additional amount for “Economic Development Assistance Programs” for necessary expenses related to responding to economic injury as a result of coronavirus, $2,000,000,000, to remain available until September 30, 2022: Provided, That such amount shall be for economic adjustment assistance as authorized by section 209 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149): Providedfurther, That within the amount appropriated, up to 2 percent of funds appropriated in this paragraph may be transferred to “Salaries and Expenses” for administration and oversight activities: Providedfurther, That the Secretary of Commerce is authorized to appoint and fix the compensation of such temporary personnel as may be necessary to implement the requirements under this heading, without regard to the provisions of title 5, United States Code, governing appointments in competitive service: Providedfurther, That the Secretary of Commerce is authorized to appoint such temporary personnel, after serving continuously for 2 years, to positions in the Economic Development Administration in the same manner that competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such positions, and an individual appointed under this proviso shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure: Providedfurther, That within the amount appropriated in this paragraph, $4,000,000 shall be transferred to “Office of Inspector General” for carrying out investigations and audits related to the funding provided under this heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Minority Business Development Agency

minority business development

For an additional amount for “Minority Business Development” for necessary expenses for the Business Centers and Specialty Centers, including any cost sharing requirements that may exist, for assisting minority business enterprises to prevent, prepare for, and respond to coronavirus, including identifying and accessing local, State, and Federal government assistance related to such virus, $15,000,000, to remain available until September 30, 2021: Provided, That such amount is designated by Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

National Institute Of Standards And Technology

scientific and technical research and services

For an additional amount for “Scientific and Technical Research and Services” for necessary expenses to prevent, prepare for, and respond to coronavirus, $6,000,000, to remain available until September 30, 2021, including for measurement science to support testing for such virus (or viral strains mutating therefrom) and biomanufacturing: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

industrial technology services

For an additional amount for “Industrial Technology Services” for necessary expenses, $75,000,000, to remain available until September 30, 2021, of which $50,000,000 shall be for the Hollings Manufacturing Extension Partnership to assist manufacturers to prevent, prepare for, and respond to coronavirus, and of which $25,000,000 shall be for the National Network for Manufacturing Innovation (also known as “Manufacturing USA”) to support development and manufacturing of medical countermeasures and biomedical equipment and supplies: Provided, That none of the funds provided under this heading shall be subject to cost share requirements under 15 U.S.C. 278k(e)(2) or 15 U.S.C. 278s(e)(7)(A): Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

National Oceanic And Atmospheric Administration

operations, research, and facilities

For an additional amount for “Operations, Research, and Facilities” for necessary expenses to prevent, prepare for, and respond to coronavirus, $33,200,000, to remain available until September 30, 2021: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

DEPARTMENT OF JUSTICE

Federal Prison System

salaries and expenses

For an additional amount for “Salaries and Expenses”, $100,000,000, to remain available until September 30, 2021, for necessary expenses to prevent, prepare for, and respond to coronavirus, including for maintaining correctional operations, including overtime costs, temporary facilities, purchase and rental of equipment, medical services and supplies, and emergency preparedness: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

State And Local Law Enforcement Activities

office on violence against women

violence against women prevention and prosecution programs

For an additional amount for “Violence Against Women Prevention and Prosecution Programs”, $300,000,000, to remain available until expended, of which—

(1) $100,000,000 is for grants to combat violence against women, as authorized by part T of the Omnibus Crime Control and Safe Streets Acts of 1968;

(2) $25,000,000 is for transitional housing assistance grants for victims of domestic violence, dating violence, stalking, or sexual assault as authorized by section 40299 of the Violent Crime Control and Law Enforcement Act of 1994 (“1994 Act”);

(3) $100,000,000 is for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act;

(4) $25,000,000 is for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act;

(5) $25,000,000 is for legal assistance for victims, as authorized by section 1201 of the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386; “2000 Act”); and

(6) $25,000,000 is for grants to support families in the justice system, as authorized by section 1301 of the 2000 Act:

Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

state and local law enforcement assistance

For an additional amount for “State and Local Law Enforcement Assistance”, $1,000,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, including for the purchase of personal protective equipment, for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Acts of 1968 (“1968 Act”), (except that the allocation provisions under sections 505(a) through (e) and the special rules for Puerto Rico under section 505(g), and section 1001(c), of the 1968 Act, shall not apply for purposes of this Act), to be distributed in relative proportion to fiscal year 2016 allocations: Provided, That awards made using amounts provided in this paragraph shall be made only with the same requirements, conditions, compliance, and certification as fiscal year 2016: Providedfurther, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

juvenile justice programs

For an additional amount for “Juvenile Justice Programs”, $100,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, of which $75,000,000 shall be for programs authorized by section 221 of the Juvenile Justice and Delinquency Prevention Act of 1974 (“the 1974 Act”), and $25,000,000 for delinquency prevention, as authorized by section 261 of the 1974 Act: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

SCIENCE

National Aeronautics And Space Administration

safety, security and mission services

For an additional amount for “Safety, Security and Mission Services”, $100,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

construction and environmental compliance and restoration

For an additional amount for “Construction and Environmental Compliance and Restoration”, $100,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

National Science Foundation

research and related activities

For an additional amount for “Research and Related Activities”, $100,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically and internationally, including to fund research grants and other necessary expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

agency operations and award management

For an additional amount for “Agency Operations and Award Management”, $2,000,000, to prevent, prepare for, and respond to coronavirus, domestically and internationally, including to administer research grants and other necessary expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

RELATED AGENCIES

Legal Services Corporation

payment to the legal services corporation

For an additional amount for “Payment to the Legal Services Corporation” to carry out the purposes of the Legal Services Corporation Act by providing for necessary expenses to prevent, prepare for, and respond to coronavirus, $100,000,000, to remain available until September 30, 2021: Provided, That none of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105–119, and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2020 and 2021, respectively, and except that sections 501 and 503 of Public Law 104–134 (referenced by Public Law 105–119) shall not apply to the amount made available under this heading: Providedfurther, That for the purposes of this Act, the Legal Services Corporation shall be considered an agency of the United States Government: Providedfurther, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

GENERAL PROVISIONS—THIS TITLE

Sec. 10201. (a) Amounts provided by the Department of Commerce Appropriations Act, 2020, for the Hollings Manufacturing Extension Partnership under the heading “National Institute of Standards and Technology—Industrial Technology Services” shall not be subject to cost share requirements under 15 U.S.C. 278k(e)(2).

(b) Subsection (a) shall not apply to the extent that a Manufacturing Extension Partnership Center receives funding from a State that is conditioned upon the application of a Federal cost sharing requirement to the Center.

Sec. 10202. (a) Funds appropriated in this title for the National Science Foundation may be made available to restore amounts, either directly or through reimbursement, for obligations incurred by the National Science Foundation for research grants and other necessary expenses to prevent, prepare for, and respond to coronavirus, domestically or internationally, prior to the date of enactment of this Act.

(b) Grants or cooperative agreements made by the National Science Foundation under this title, to carry out research grants and other necessary expenses to prevent, prepare for, and respond to coronavirus, domestically or internationally, shall include amounts to reimburse costs for these purposes incurred between January 20, 2020, and the date of issuance of such grants or agreements.

Sec. 10203. (a) (1) Section 110(b)(2)(C) of the Family and Medical Leave Act of 1993 (as added by division C of the Families First Coronavirus Response Act) and section 5110(5)(C) of the Families First Coronavirus Response Act (relating to varying schedule hours calculation) shall not apply to the Bureau of the Census regarding any employee hired pursuant to section 23(c) of title 13, United States Code.

(2) Any such employee shall be entitled to 40 hours of paid leave under division E of the Families First Coronavirus Response Act.

(b) With respect to any temporary employee of the Bureau of the Census, including any employee hired pursuant to section 23(c) of title 13, United States Code, the Bureau may classify any leave provided by the Bureau pursuant to the amendments made by division C of the Families First Coronavirus Response Act or division E of such Act to such an employee (based on such employee’s status as an employee of the Bureau) as any leave category necessary to comport with the Bureau’s leave system.

Sec. 10204. Notwithstanding any other provision of law, funds made available under each heading in this title shall only be used for the purposes specifically described under that heading.

DEPARTMENT OF DEFENSE

Military Personnel

military personnel, army

For an additional amount for Military Personnel, Army, $37,900,000, for necessary expenses to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

military personnel, navy

For an additional amount for Military Personnel, Navy, $37,900,000, for necessary expenses to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

military personnel, marine corps

For an additional amount for Military Personnel, Marine Corps, $9,900,000, for necessary expenses to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

military personnel, air force

For an additional amount for Military Personnel, Air Force, $37,900,000, for necessary expenses to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

national guard personnel, army

For an additional amount for National Guard Personnel, Army, $804,529,000, for necessary expenses to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

national guard personnel, air force

For an additional amount for National Guard Personnel, Air Force, $402,063,000, for necessary expenses to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Operation And Maintenance

operation and maintenance, army

For an additional amount for “Operation and Maintenance, Army”, $105,300,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

operation and maintenance, navy

For an additional amount for “Operation and Maintenance, Navy”, $568,408,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

operation and maintenance, marine corps

For an additional amount for “Operation and Maintenance, Marine Corps”, $70,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

operation and maintenance, air force

For an additional amount for “Operation and Maintenance, Air Force”, $154,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

operation and maintenance, defense-wide

For an additional amount for “Operation and Maintenance, Defense-Wide”, $927,800,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

operation and maintenance, army reserve

For an additional amount for “Operation and Maintenance, Army Reserve”, $48,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

operation and maintenance, army national guard

For an additional amount for “Operation and Maintenance, Army National Guard”, $194,002,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

operation and maintenance, air national guard

For an additional amount for “Operation and Maintenance, Air National Guard”, $79,406,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Procurement

defense production act purchases

For an additional amount for “Defense Production Act Purchases”, $500,000,000 to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus: Provided, That the Secretary of Defense may waive the requirements of 50 U.S.C. 5433(a)(6) on a case-by-case basis upon three days prior written notification to the Committees on Appropriations and Banking, Housing, and Urban Affairs of the Senate, and the Committees on Appropriations and Financial Services of the House of Representatives. Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Other Department Of Defense Programs

defense health program

For an additional amount for “Defense Health Program”, $3,805,500,000, to prevent, prepare for, and respond to coronavirus; of which $3,561,500,000 shall be for operation and maintenance to remain available until September 30, 2020; and of which $244,000,000, to remain available for obligation until September 30, 2021, shall be for research, development, test and evaluation: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

General Provisions—this Title

Sec. 10301. Notwithstanding any other provision of law, funds made available under each heading in this title shall only be used for the purposes specifically described under that heading.

Sec. 10302. Upon the determination of the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer up to $500,000,000 between the appropriations or funds made available to the Department of Defense for expenses relating to the use of the National Guard in response to coronavirus: Provided, That such funds may only be transferred among military personnel and operation and maintenance accounts for the National Guard provided for in this title: Provided further, That the Secretary shall notify the Congress promptly of each transfer made pursuant to the authority in this section: Provided further, That the authority provided in this section is in addition to any other transfer authority available to the Department of Defense and is subject to the same terms and conditions as the authority provided in section 8005 of the Department of Defense Appropriations Act, 2020: Provided further, That the transfer authority in sections 8005 and 9002 of the Department of Defense Appropriations Act, 2020, shall not apply to amounts appropriated or otherwise made available in this title.

Sec. 10303. Notwithstanding section 2208(l)(3) of title 10, United States Code, during fiscal year 2020, the amount of advance billings rendered or imposed by Defense working capital funds may exceed $1,000,000,000. In the preceding sentence, the term ‘‘advance billing’’ has the meaning given the term in section 2208(l)(4) of such title.

CORPS OF ENGINEERS—CIVIL

DEPARTMENT OF THE ARMY

Corps Of Engineers—civil

operation and maintenance

For an additional amount for “Operation and Maintenance”, $50,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

expenses

For an additional amount for “Expenses”, $20,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

DEPARTMENT OF THE INTERIOR

Bureau Of Reclamation

water and related resources

(including transfer of funds)

For an additional amount for “Water and Related Resources”, $12,500,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That $500,000 of the funds provided under this paragraph shall be transferred to the Central Utah Project Completion Account to prevent, prepare for, and respond to coronavirus: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

policy and administration

For an additional amount for “Policy and Administration”, $8,100,000, to remain available until September 30, 2021, for necessary expenses to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

Science

For an additional amount for “Science”, $99,500,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, for necessary expenses related to providing support and access to scientific user facilities in the Office of Science, including equipment, enabling technologies, and personnel associated with the operations of those scientific user facilities: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Departmental Administration

(including transfer of funds)

For an additional amount for “Departmental Administration”, $28,000,000, to remain available until September 30, 2021, for necessary expenses related to supporting remote access for personnel to prevent, prepare for, and respond to coronavirus: Provided, That funds appropriated under this paragraph in this Act may be transferred to, and merged with, other appropriation accounts of the Department of Energy for necessary expenses related to supporting remote access for personnel to prevent, prepare for, and respond to coronavirus: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

INDEPENDENT AGENCIES

Nuclear Regulatory Commission

salaries and expenses

For an additional amount for “Salaries and Expenses”, $3,300,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That the amount provided in this paragraph shall not be derived from fee revenues notwithstanding 42 U.S.C. 2214: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

GENERAL PROVISIONS—THIS TITLE

Sec. 10401. Notwithstanding any other provision of law, funds made available under each heading in this title shall only be used for the purposes specifically described under that heading.

Sec. 10402. Funds appropriated in this title may be made available to restore amounts, either directly or through reimbursement, for obligations incurred for the same purposes to prevent, prepare for, and respond to coronavirus prior to the date of enactment of this Act.

Sec. 10403. Notwithstanding any other provision of law, and subject to the availability of appropriations, the Secretary of Energy, or designee, may include in or modify the terms and conditions of any Department of Energy contract, or other agreement, to authorize the Department to reimburse any contractor paid leave the contractor provides to its employees as the Secretary deems necessary to ensure the effective response to a declared national emergency or pandemic event. Such authority shall apply only to a contractor whose employees cannot perform work on a federally owned or leased facility or site due to Federal Government directed closures or other restrictions, and who cannot telework because their job duties cannot be performed remotely. As determined by the Secretary, or designee, this authority also shall apply to subcontractors: Provided, That amounts provided by this section are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

DEPARTMENT OF THE TREASURY

Departmental Offices

salaries and expenses

For an additional amount for “Salaries and Expenses”, $100,000,000 to remain available until expended, for the necessary expenses to establish and support a Coronavirus Accountability and Transparency Committee to conduct oversight of funds provided in this Act in order to monitor spending, provide transparency to the public, and help prevent fraud, waste, and abuse: Provided , That not less frequently than monthly, and until all such funds are expended, the Secretary of the Treasury shall publish on a dedicated portion of the website established under section 2 of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note), for any funds made available to or expended by a Federal agency or component of a Federal agency that were provided in Public Law 116–123, Public Law 116–127, or in the Take Responsibility for Workers and Families Act—

(1) for each appropriations account, including an expired or unexpired appropriations account, the amount—

(A) of budget authority appropriated;

(B) that is obligated;

(C) of unobligated balances; and

(D) of any other budgetary resources;

(2) from which accounts and in what amount—

(A) appropriations are obligated for each program activity; and

(B) outlays are made for each program activity;

(3) from which accounts and in what amount—

(A) appropriations are obligated for each object class; and

(B) outlays are made for each object class; and

(4) for each program activity, the amount—

(A) obligated for each object class; and

(B) of outlays made for each object class.

Provided further , That the information required to be published pursuant to the preceding proviso shall be published in such a format that allows such information to be sorted by the public law that provided the relevant obligational authority: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

community development financial institutions fund program account

For an additional amount for “Community Development Financial Institutions Fund Program Account”, $200,000,000, to remain available until September 30, 2020, to promote economic recovery due to the impact of coronavirus through financial assistance and technical assistance under subparagraphs (A) and (B) of section 108(a)(1), respectively, of Public Law 103–325 (12 U.S.C. 4707(a)(1)(A) and (B)), except that subsections (d) and (e) of section 108 of Public Law 103–325 shall not apply to the provision of such financial assistance and technical assistance: Provided , That up to $10,000,000 may be transferred to and merged with “Administrative Expenses” for administrative expenses to carry out financial assistance and technical assistance: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Internal Revenue Service

taxpayer services

For an additional amount for “Taxpayer Services”, $236,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided , That not later than 30 days after the date of the enactment of this Act, the Commissioner of the Internal Revenue Service shall submit to the Committees on Appropriations of the House of Representatives and the Senate a spend plan for such funds: Provided further , That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

enforcement

For an additional amount for “Enforcement”, $42,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided , That not later than 30 days after the date of the enactment of this Act, the Commissioner of the Internal Revenue Service shall submit to the Committees on Appropriations of the House of Representatives and the Senate a spend plan for such funds: Provided further , That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

operations support

For an additional amount for “Operations Support”, $324,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided , That not later than 30 days after the date of the enactment of this Act, the Commissioner of the Internal Revenue Service shall submit to the Committees on Appropriations of the House of Representatives and the Senate a spend plan for such funds: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Administrative Provisions—internal Revenue Service

(including transfer of funds)

Sec. 10501. In addition to the authority provided in section 101 of title I of division C of Public Law 116–93, the funds provided to the Internal Revenue Service in this Act may be transferred among accounts of the Internal Revenue Service to prevent, prepare for, and respond to coronavirus. On the date of any such transfer, the Commissioner shall notify the Committees on Appropriations of the House of Representatives and Senate of such transfer.

THE JUDICIARY

The Supreme Court Of The United States

salaries and expenses

For an additional amount for “Salaries and Expenses”, $500,000, to remain available until September 30, 2020, for necessary expenses to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Courts Of Appeals, District Courts, And Other Judicial Services

salaries and expenses

For an additional amount for “Salaries and Expenses”, $6,000,000 to remain available until September 30, 2020, for necessary expenses to prevent, prepare for, and respond to coronavirus: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

defender services

For an additional amount for “Defender Services”, $1,000,000, to remain available until September 30, 2020, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

DISTRICT OF COLUMBIA

Federal Funds

federal payment for emergency planning and security costs in the district of columbia

For an additional amount for the “Federal Payment for Emergency Planning and Security Costs in the District of Columbia” for the Federal payment of necessary expenses, as determined by the Mayor of the District of Columbia in written consultation with the elected county or city officials of surrounding jurisdictions, $11,000,000, to remain available until September 30, 2020, to prevent, prepare for, and respond to coronavirus: Provided , That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

INDEPENDENT AGENCIES

Election Assistance Commissions

salaries and expenses

For an additional amount for “Salaries and Expenses”, $5,000,000, to assist States with contingency planning, preparation, and resilience of elections for Federal office: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

election administration grants

For an additional amount for payments by the Election Assistance Commission to States for contingency planning, preparation, and resilience of elections for Federal office, $4,000,000,000 to remain available until September 30, 2021: Provided , That under this heading the term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands: Provided further, That the amount of the payments made to a State under this heading shall be consistent with section 103 of the Help America Vote Act of 2002 (52 U.S.C. 20903): Provided further , That for the purposes of the preceding proviso, each reference to “$5,000,000” in section 103 shall be deemed to refer to “$7,500,000”: Provided further , That not less than 50 percent of the amount of the payment made to a State under this heading shall be allocated in cash or in kind to the units of local government which are responsible for the administration of elections for Federal office in the State: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Federal Communications Commission

salaries and expenses

For an additional amount for “Salaries and Expenses”, $200,000,000, to remain available until September 30, 2020, to prevent, prepare for, and respond to coronavirus by providing to health care providers telecommunications services, information services, and devices necessary to enable the provision of telehealth services during an emergency period, as defined in section 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)): Provided , That the Federal Communications Commission may rely on the rules of the Commission under part 54 of title 47, Code of Federal Regulations, in administering such amount if the Commission determines that such administration is in the public interest and upon the advance notification of the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

emergency connectivity fund

For an additional amount for the “Emergency Connectivity Fund”, as authorized under title II of division U of the Take Responsibility for Workers and Families Act, for the provision of Wi-fi hotspots and connected devices to schools and libraries, $2,000,000,000, to remain available until September 30, 2021: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

emergency broadband connectivity fund

For an additional amount for the “Emergency Broadband Connectivity Fund”, as authorized under title III of division U of the Take Responsibility for Workers and Families Act, for the provision of an emergency lifeline broadband benefit, $1,000,000,000, to remain available until September 30, 2021: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

General Services Administration

real property activities

federal buildings fund

building operations

For an additional amount, to be deposited in the “Federal Buildings Fund”, $275,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus: Provided , That such funds may be used to reimburse costs incurred for the purposes provided under this heading: Provided further , That amounts made available under this heading shall be in addition to any other amounts available for such purposes: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

technology modernization fund

For an additional amount for the “Technology Modernization Fund”, $3,000,000,000, to remain available until September 20, 2022, for technology-related modernization activities to prevent, prepare for, and respond to coronavirus: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Office Of Personnel Management

salaries and expenses

For an additional amount for “Salaries and Expenses”, $12,100,000, to prevent, prepare for, and respond to coronavirus: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Small Business Administration

economic injury grants

For an additional amount for the cost of providing economic recovery grants for small businesses impacted by coronavirus as authorized by section 190009 of the Take Responsibility for Workers and Families Act, $100,000,000,000, to remain available until September 30, 2021: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

disaster loans program account

For an additional amount for the “Disaster Loans Program Account” for the cost of direct loans authorized by section 7(b) of the Small Business Act, including to carry out the requirements of section 190016 of the Take Responsibility for Workers and Families Act (relating to economic injury disaster loan improvements), $25,739,000,000, to remain available until expended: Provided , That up to $739,000,000 may be transferred to and merged with “Small Business Administration—Salaries and Expenses”: Provided further , That for purposes of section 7(b)(2)(D) of the Small Business Act, coronavirus shall be deemed to be a disaster and amounts available under “Disaster Loans Program Account” for the cost of direct loans in any fiscal year may be used to make economic injury disaster loans under such section in response to the coronavirus: Provided further , That none of the funds provided under this heading in this Act may be used for indirect administrative expenses: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That amounts repurposed under this heading that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

small business debt relief

For an additional amount for the cost of loan debt relief as authorized by section 190011 of the Take Responsibility for Workers and Families Act, $16,800,000,000 to remain available until September 30, 2021: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

business loans program account

For an additional amount for “Business Loans Program Account”, for the cost of direct loans and loan guarantees, $304,407,000,000, to remain available until expended, of which $7,000,000 shall be for the cost of direct loans, $299,400,000,000 shall be for the cost of payroll protection loans as authorized by section 190002(a) of the Take Responsibility for Workers and Families Act, and $5,000,000,000 shall be for the cost of guaranteed loans under section 503 of the Small Business Investment Act of 1958 and section 7(a) of the Small Business Act, including to carry out the requirements of section 190012 (relating to temporary fee reductions), section 190013 (relating to guarantee amounts), and section 190014 (relating to maximum loan amount and program levels for 7(a) loans) of the Take Responsibility for Workers and Families Act: Provided further, That for the period of fiscal years 2020 through 2021, guarantees of trust certificates authorized by section 5(g) of the Small Business Act shall not exceed a principal amount of $60,000,000,000: Provided , That for the period of fiscal years 2020 through 2021, commitments for general business loans authorized under section 7(a) of the Small Business Act shall not exceed $75,000,000,000: Provided further , That amounts provide in this paragraph for the cost of guaranteed loans under section 7(a) of the Small Business Act are in addition to amounts otherwise available for the same purposes: Provided further , That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

entrepreneurial development programs

For an additional amount for “Entrepreneurial Development Programs” as authorized under section 190003 of the Take Responsibility for Workers and Families Act, $265,000,000, to remain available until September 30, 2021, of which $240,000,000 shall be for grants to small business development centers: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

office of inspector general

For an additional amount for “Office of Inspector General” for carrying out the provisions of the Inspector General Act of 1978, $25,000,000, to remain available until expended, for oversight and audit of programs, grants, and projects funded under this title: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

salaries and expenses

For an additional amount for “Salaries and Expenses”, $775,000,000, to remain available until September 30, 2021, of which $50,000,000 shall be for marketing, management, and technical assistance under section 7(m) of the Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that make microloans under the microloan program, and of which $25,000,000 shall be for resources and services in languages other than English, as authorized in section 190010 of the Take Responsibility for Workers and Families Act: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Administrative Provision—small Business Administration

Sec. 10502. Notwithstanding section 7(b)(2)(D) of the Small Business Act, the Small Business Administration shall issue a disaster declaration for each State and territory for coronavirus.

United States Postal Service

payment to postal service fund

For payment to the “Postal Service Fund”, for revenue forgone due to the coronavirus pandemic, $25,000,000,000, to remain available until September 30, 2022: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

GENERAL PROVISION—THIS TITLE

Sec. 10503. Notwithstanding any other provision of law, funds made available under each heading in this title shall only be used for the purposes specifically described under that heading.

Management Directorate

operations and support

For an additional amount for “Operations and Support”, $178,000,000, for the purchase of personal protective equipment and related supplies for components of the Department of Homeland Security to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Transportation And Security Administration

operations and support

For an additional amount for “Operations and Support”, $100,000,000, to prevent, prepare for, and respond to coronavirus; of which $54,000,000 is for enhanced sanitation at airport security checkpoints; of which $26,000,000 is for overtime and travel costs for Transportation Security Officers; and of which $20,000,000 is for the purchase of explosive trace detection swabs: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Coast Guard

operations and support

For an additional amount for “Operations and Support”, $141,000,000, to prevent, prepare for, and respond to coronavirus through activation of Coast Guard Reserve personnel under section 12302 of title 10, United States Code and for purchases to increase the capability and capacity of information technology systems and infrastructure to support telework and remote access: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Cybersecurity And Infrastructure Security Agency

operations and support

For an additional amount for “Operations and Support”, $14,400,000, to prevent, prepare for, and respond to coronavirus through interagency critical infrastructure coordination and related activities: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Federal Emergency Management Agency

operations and support

For an additional amount for “Operations and Support”, $45,000,000, for facilities and information technology to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

federal assistance

For an additional amount for “Federal Assistance”, $200,000,000, for the emergency food and shelter program under title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.): Provided, That notwithstanding sections 315 and 316(b) of such Act, funds made available under this section shall be disbursed by the Emergency Food and Shelter Program National Board not later than 30 days after the date on which such funds become available: Provided further, That such funds may be used to reimburse jurisdictions or local recipient organizations for costs incurred in providing services on or after January 1, 2020: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

For an additional amount for “Federal Assistance”, to supplement funds otherwise available for the “Assistance to Firefighters Grants” $100,000,000, to remain available until September 30, 2021, for the purchase of personal protective equipment and related supplies to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

disaster relief fund

For an additional amount for “Disaster Relief Fund”, $2,000,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

General Provisions—this Title

Sec. 10601. Notwithstanding any other provision of law, funds made available under each heading in this title, except for “Federal Emergency Management Agency—Disaster Relief Fund”, shall only be used for the purposes specifically described under that heading.

Sec. 10602. (a) Assistance provided under the emergency declaration issued by the President on March 13, 2020, pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121–5207), and under any subsequent major declaration under section 401 of such Act that supersedes such emergency declaration, shall be at a 100 percent Federal cost share.

(b) Amounts repurposed under this section that were previously designated by the Congress, respectively, as an emergency requirement or as being for disaster relief pursuant to the Balanced Budget and Emergency Deficit Control Act are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Sec. 10603. Notwithstanding any other provision of law, any amounts appropriated for “Department of Homeland Security—Federal Emergency Management Agency—Disaster Relief Fund” in this Act are available only for the purposes for which they were appropriated.

Sec. 10604. (a) For calendar year 2020 and calendar year 2021, any provision of law limiting the aggregate amount of premium pay or overtime payable on a biweekly or calendar year basis, or establishing an aggregate limitation on pay, shall not apply to any premium pay or overtime that is funded, either directly or through reimbursement, by the “Federal Emergency Management Agency—Disaster Relief Fund” related to an emergency or major disaster declared in calendar year 2020.

(b) Pay exempted from otherwise applicable limits under this section shall not cause the aggregate pay for the calendar year to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code.

(c) Notwithstanding any other provisions of law, an Executive agency shall not be liable for damages, fees, interests, or costs of any kind as a result of any delay occurring prior to the date of enactment of this Act in payments made pursuant to this section.

(d) This section shall take effect as if enacted on December 31, 2019.

(e) Amounts repurposed under this section that were previously designated by the Congress, respectively, as an emergency requirement or as being for disaster relief pursuant to the Balanced Budget and Emergency Deficit Control Act are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Sec. 10605. The Secretary of Homeland Security, under the authority granted under section 205(b) of the REAL ID Act of 2005 (Public Law 109–13; 49 U.S.C. 30301 note) shall extend the deadline by which States are required to meet the driver license and identification card issuance requirements under section 202(a)(1) of such Act until not earlier than September 30, 2021.

Sec. 10606. (a) For the emergency declared on March 13, 2020, by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) the President may provide assistance for—

(1) activities, costs, and purchases of State and local jurisdictions including—

(A) activities eligible for assistance under sections 301, 415, 416, and 426 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141, 5182, 5183, 5189d);

(B) backfill costs for first responders and other essential employees who are ill or quarantined;

(C) increased operating costs for essential government services due to such emergency, including costs for implementing continuity plans;

(D) costs of providing guidance and information to the public and for call centers to disseminate such guidance and information;

(E) costs associated with establishing virtual services;

(F) costs for establishing and operating remote test sites;

(G) training provided specifically in anticipation of or in response to the event on which such emergency declaration is predicated;

(H) personal protective equipment and other critical supplies for first responders; and

(I) public health and medical supplies; and

(2) activities and costs of nonprofit organizations including—

(A) operating and equipment costs for blood donation activities, including personnel costs; and

(B) establishing and operating public call centers in support of government operations, including personnel costs.

(b) The activities specified in subsection (a) may also be eligible for assistance under any major disaster declared by the President under section 401 of such Act that supersedes the emergency declaration described in such subsection.

(c) Nothing in this section shall be construed to make ineligible any assistance that would otherwise be eligible under section 502 of such Act.

Sec. 10607. (a) During the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to the COVID–19 pandemic, the Secretary of Homeland Security, Secretary of State, Attorney General or Secretary of Labor, as appropriate, shall temporarily suspend or modify any procedural requirement with which an applicant, petitioner, or other person or entity must otherwise comply under the immigration laws, as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)), or any regulation pertaining thereto, when necessary to—

(1) promote government efficiency;

(2) ensure the timely and fair adjudication of applications or petitions;

(3) prevent hardship to applicants, petitioners, beneficiaries, or other persons or entities, including by granting automatic or other extensions or renewals when necessary to protect individuals from lapses in status or work authorization; or

(4) protect the public interest.

(b) Notwithstanding any other provision law, the requirements of chapter 5 of title 5, U.S. Code (commonly known as the Administrative Procedure Act), or any other law relating to rulemaking, information collection or publication in the Federal Register shall not apply to any action taken under the authority of this section.

(c) Specific Authority for Expiring Statuses or Work Authorization.—Notwithstanding any provision of the Immigration and Nationality Act or any other provision of law, with respect to any alien whose status, whether permanent, temporary, or deferred, or employment authorization has expired within the 30 days preceding the date of the enactment of this act, or will expire by the later of one year from the date of enactment of this act or 90 days from the rescission of the March 13, 2020, Presidential Proclamation declaring a national emergency, the Secretary of Homeland Security shall automatically extend such status or work authorization for the same time period as the alien’s status or work authorization.

(d) The amounts made available by this section are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985

Sec. 10608. (a) Amounts provided for “Coast Guard—Operations and Support” in the Consolidated Appropriations Act, 2020 (Public Law 116–93) may be available for pay and benefits of Coast Guard Yard and Vessel Documentation personnel, Non-Appropriated Funds personnel, and for Morale, Welfare and Recreation Programs.

(b) Any amounts repurposed under subsection (a) that were previously designated by the Congress as an emergency requirement or as being for Overseas Contingency Operations/Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

DEPARTMENT OF THE INTERIOR

Bureau Of Indian Affairs

operation of indian programs

(including transfer of funds)

For an additional amount for “Operation of Indian Programs”, $453,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, including to support public safety and justice programs, welfare and social service programs (including assistance to individuals), and for aid to Tribal governments: Provided, That of such sums, funds may be used for executive direction to carry out cleaning of facilities, to purchase personal protective equipment, and to obtain information technology: Provided further, That the limitation on welfare assistance funds included in the matter preceding the first proviso under this heading in the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) shall not apply to amounts provided for such programs in this paragraph: Provided further, That assistance received hereunder shall not be included in the calculation of funds received by those Tribal governments who participate in the “Small and Needy” program: Provided further, That amounts provided under this heading in this Act may be made available for distribution through Tribal priority allocations for Tribal response and capacity building activities related to the purposes identified under this heading in this Act: Provided further, That such amounts, if transferred to Tribes and Tribal organizations under the Indian Self-Determination and Education Assistance Act: (1) will be transferred on a one-time basis, (2) are non-recurring funds that are not part of the amount required by 25 U.S.C. 5325, and (3) may only be used for the purposes identified under this heading in this Act, notwithstanding any other provision of law: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Bureau Of Indian Education

operation of indian education programs

For an additional amount for “Operation of Indian Education Programs”, $69,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, including, in addition to amounts otherwise available, support for Tribally-Controlled Colleges and Universities, salaries, transportation, and information technology: Provided, That of the amounts provided in this paragraph, not less than $20,000,000 shall be for Tribally-Controlled Colleges and Universities: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Departmental Offices

Office Of The Secretary

departmental operations

(including transfers of funds)

For an additional amount for “Departmental Operations” for necessary expenses to prevent, preapre for, and respond to coronavirus, $158,400,000, to remain available until September 30, 2021: Provided, That the amounts made available in this paragraph shall be used to absorb increased operational costs associated with the coronavirus outbreak including but not limited to: purchase of equipment and supplies to disinfect and clean buildings and public areas, support law enforcement and emergency management operations, biosurveillance of wildlife and environmental persistence studies, employee overtime and special pay expenses, and for other response, mitigation, or recovery activities associated with the coronavirus outbreak: Provided further, That the amounts made available by this paragraph may be transferred between the Office of the Secretary and any Department of the Interior component bureau or office that received funding in division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94): Provided further, That concurrent with any such transfer the Secretary shall notify the House and Senate Committees on Appropriations in writing and provide a detailed description of and justification for each transfer: Provided further, That as soon as practicable after the date of enactment of this Act, the Secretary shall transfer $1,000,000 to the Office of the Inspector General, “Salaries and Expenses” account for oversight activities related to the implementation of programs, activities, or projects funded herein: Provided further, That expenditure of amounts made available herein may be made through direct expenditure or cooperative agreement: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Insular Affairs

For an additional amount for “Assistance to Territories”, $55,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, for territorial assistance, specifically for general technical assistance: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

ENVIRONMENTAL PROTECTION AGENCY

Science And Technology

For an additional amount for “Science and Technology”, $2,250,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, of which $750,000 shall be for necessary expenses for cleaning and disinfecting equipment or facilities of, or for use by, the Environmental Protection Agency, and $1,500,000 shall be for research on methods to reduce the risks from environmental transmission of coronavirus via contaminated surfaces or materials: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Environmental Programs And Management

For an additional amount for “Environmental Programs and Management”, $3,910,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, of which $2,410,000 shall be for necessary expenses for cleaning and disinfecting equipment or facilities of, or for use by, the Environmental Protection Agency, and operational continuity of Environmental Protection Agency programs and related activities, and $1,500,000 shall be for expediting registration and other actions related to pesticides to address coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Buildings And Facilities

For an additional amount for “Buildings and Facilities”, $300,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such funds shall be for necessary expenses for cleaning and disinfecting equipment or facilities of, or for use by, the Environmental Protection Agency: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Hazardous Substance Superfund

For an additional amount for “Hazardous Substance Superfund”, $770,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such funds shall be for necessary expenses for cleaning and disinfecting equipment or facilities of, or for use by, the Environmental Protection Agency: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

DEPARTMENT OF AGRICULTURE

Forest Service

forest and rangeland research

For an additional amount for “Forest and Rangeland Research”, $3,000,000, to remain available until September 30, 2021, for the reestablishment of abandoned or failed experiments associated with coronavirus restrictions: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

national forest system

For an additional amount for“National Forest System”, $33,800,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, including for personal protective equipment, for cleaning and disinfecting public recreation amenities, and for necessary expenses related to cybersecurity, the provision of telework ready equipment, and Information Technology help desk personnel: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

capital improvement and maintenance

For an additional amount for “Capital Improvement and Maintenance”, $26,800,000, to remain available until September 30, 2021, for necessary expenses related to cybersecurity, the provision of telework ready equipment, and Information Technology help desk personnel, and for the cleaning, disinfecting, and janitorial services to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

wildland fire management

For an additional amount for “Wildland Fire Management” to supplement amounts otherwise available for Preparedness, $7,000,000, to remain available until September 30, 2021, for personal protective equipment and necessary expenses of first responders to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

indian health services

For an additional amount for “Indian Health Services”, $1,032,000,000, to remain available until September 30, 2021, for preparedness, response, surveillance, and health service activities for coronavirus, including for public health support, electronic health record modernization, telehealth and other IT upgrades, Purchased/Referred care, Catastrophic Health Emergency Fund, community health representatives, Urban Indian Organizations, Tribal Epidemiology Centers, and other activities to protect the safety of patients and staff: Provided, That none of the funds appropriated by this Act to the Indian Health Service for the Electronic Health Record system shall be made available for obligation to execute a Request for Proposal for selection of core components appropriate to support the initial capacity of the system unless the Committees on Appropriations of the House of Representatives and the Senate have been briefed 90 days in advance of such execution of a Request for Proposal: Provided further, That of the amount provided in this paragraph, not less than $450,000,000 shall be distributed through Tribal shares and contracts with Urban Indian Organizations: Provided further, That any amounts provided in this paragraph not allocated pursuant to the preceding proviso shall be allocated at the discretion of the Director of the Indian Health Service: Provided further, That such amounts may be used to supplement amounts otherwise available under “Indian Health Facilities”: Provided further, That such amounts, if transferred to Tribes and Tribal organizations under the Indian Self-Determination and Education Assistance Act, will be transferred on a one-time basis and that these non-recurring funds are not part of the amount required by 25 U.S.C. 5325, and that such amounts may only be used for the purposes identified under this heading notwithstanding any other provision of law: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Agency For Toxic Substances And Disease Registry

toxic substances and environmental public health

For an additional amount for “Toxic Substances and Environmental Public Health”, $12,500,000, to remain available until September 30, 2021, to monitor, prevent, prepare for, and respond to coronavirus and other emerging infectious diseases, domestically or internationally; of which $7,500,000 shall be for necessary expenses of the Geospatial Research, Analysis and Services Program (GRASP) to support spatial analysis and GIS mapping of infectious disease hot spots, including cruise ships; and $5,000,000 shall be for necessary expenses for awards for Pediatric Environmental Health Specialties Units and state health departments to provide guidance and outreach on safe practices for home, school, and daycare facilities disinfection for facilities that have experienced or want to prevent coronavirus and other emerging infectious disease cases: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE

Payment To The Institute

For an additional amount for ‘‘Payment to the Institute’’, $78,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

SMITHSONIAN INSTITUTION

Salaries And Expenses

For an additional amount for “Salaries and Expenses”, $7,500,000, to remain available until September 30, 2021, for cleaning, security, information technology, and staff overtime, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

John F. Kennedy Center For The Performing Arts

operations and maintenance

For an additional amount for “Operations and Maintenance”, $35,000,000, to remain available until September 30, 2021, for operations and maintenance requirements related to the consequences of coronavirus: Provided, That notwithstanding the provisions of 20 U.S.C. 76h et seq., funds provided in this Act shall be made available to cover operating expenses required to ensure the continuity of the John F. Kennedy Center for the Performing Arts and its affiliates, including for employee compensation and benefits, grants, contracts, payments for rent or utilities, fees for artists or performers, information technology, and other administrative expenses: Provided further, That no later than October 31, 2020, the Board of Trustees of the Center shall submit a report to the Committees on Appropriations of the House of Representatives and Senate that includes a detailed explanation of the distribution of the funds provided herein: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

National Foundation On The Arts And The Humanities

National Endowment For The Arts

grants and administration

For an additional amount for “Grants and Administration”, $300,000,000, to remain available until September 30, 2021, for grants to respond to the impacts of coronavirus: Provided, That such funds are available under the same terms and conditions as grant funding appropriated to this heading in P.L. 116–94: Provided further, That 40 percent of such funds shall be distributed to State arts agencies and regional arts organizations and 60 percent of such funds shall be for direct grants: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

National Endowment For The Humanities

grants and administration

For an additional amount for “Grants and Administration”, $300,000,000, to remain available until September 30, 2021, for grants to respond to the impacts of coronavirus: Provided, That such funds are available under the same terms and conditions as grant funding appropriated to this heading in Public Law 116–94: Provided further, That 40 percent of such funds shall be distributed to state humanities councils and 60 percent of such funds shall be for direct grants: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

GENERAL PROVISIONS

Sec. 10701. Notwithstanding any other provision of law, funds made available under the heading “National Foundation on the Arts and the Humanities—National Endowment for the Arts—Grants and Administration” for each of fiscal years 2019 and 2020 for grants for the purposes described in section 5(c) of the National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 954(c)) may also be used by the recipients of such grants for purposes of the general operations of such recipients and the matching requirements under subsections (e), (g)(4)(A), and (p)(3) of section 5 of the National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 954) may be waived with respect to such grants.

Sec. 10702. Notwithstanding any other provision of law, funds made available under the heading “National Foundation on the Arts and the Humanities—National Endowment for the Humanities—Grants and Administration” for each of fiscal years 2019 and 2020 for grants for the purposes described in section 7(c) and 7(h)(1) of the National Foundation on the Arts and Humanities Act of 1965 may also be used by the recipients of such grants for purposes of the general operations of such recipients and the matching requirements under subsection (h)(2)(A) of section 7 of the National Foundation on the Arts and Humanities Act of 1965 may be waived with respect to such grants.

DEPARTMENT OF LABOR

Employment And Training Administration

training and employment services

For an additional amount for “Training and Employment Services”, $960,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus through activities under the Workforce Innovation and Opportunity Act (referred to in this Act as “WIOA”) as follows:

(1) $212,000,000 for grants to States for adult employment and training activities, including supportive services and needs-related payments;

(2) $227,000,000 for grants to States for youth activities, including supportive services;

(3) $261,000,000 for grants to States for dislocated worker employment and training activities, including supportive services and needs-related payments;

(4) $250,000,000 for the Dislocated Worker Assistance National Reserve, of which $150,000,000 shall be for the Strengthening Community College Training Grant program as outlined under the heading “Training and Employment Services” in paragraph (2)(A)(ii) of title I of division A of Public Law 116–94 to assist community colleges in meeting the educational and training needs of their communities as a result of coronavirus;

(5) $10,000,000 for Migrant and Seasonal Farmworker programs, including for emergency supportive services to farmworkers, of which $500,000 shall be available for the collection and dissemination of electronic and printed materials related to coronavirus:

Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

job corps

For an additional amount for “Job Corps”, $100,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, including for student services: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

state unemployment insurance and employment service operations

For an additional amount for “State Unemployment and Insurance and Employment Service Operations”, $150,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus through grants to States in accordance with section 6 of the Wagner-Peyser Act: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

community service employment for older americans

For an additional amount for “Community Service Employment for Older Americans”, $120,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That funds made available under this heading in this Act may, in accordance with section 517(c) of the Older Americans Act of 1965, be recaptured and reobligated: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

program administration

For an additional amount for “Program Administration”, $15,000,000, to remain available until September 30, 2020, to prevent, prepare for, and respond to coronavirus, including for the administration, oversight, and coordination of unemployment insurance activities related thereto: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Employee Benefits Security Administration

salaries and expenses

For an additional amount for “Employee Benefits Security Administration”, $3,000,000, to remain available until September 30, 2020, to prevent, prepare for, and respond to coronavirus, including for the administration, oversight, and coordination of worker protection activities related thereto: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Wage And Hour Division

salaries and expenses

For an additional amount for “Wage and Hour Division”, $6,500,000, to remain available until September 30, 2020, to prevent, prepare for, and respond to coronavirus, including for the administration, oversight, and coordination of worker protection activities related thereto: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Occupational Safety And Health Administration

salaries and expenses

For an additional amount for “Occupational Safety and Health Administration”, $30,000,000, to remain available until September 30, 2021, for worker protection activities to prevent, prepare for, and respond to coronavirus: Provided, That of that amount, $10,000,000 shall be available for Susan Harwood training grants: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Departmental Management

Office Of Inspector General

salaries and expenses

For an additional amount for “Office of Inspector General”, $1,500,000, to remain available until September 30, 2022, for oversight of activities supported with funds appropriated to the Department of Labor: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Veterans Employment And Training

For an additional amount for “Veterans Employment and Training,” $15,000,000, to remain available through September 30, 2021, to prevent, prepare for, and respond to coronavirus, including for programs to assist homeless veterans and veterans at risk of homelessness: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources And Services Administration

primary health care

For an additional amount for “Primary Health Care”, $1,300,000,000, to remain available until September 30, 2021, for necessary expenses to prevent, prepare for, and respond to coronavirus, for grants and cooperative agreements under the Health Centers Program, as defined by section 330 of the Public Health Service Act, and for eligible entities under the Native Hawaiian Health Care Improvement Act, including maintenance of current health care center capacity and staffing levels: Provided, That sections 330(r)(2)(B), 330(e)(6)(A)(iii), and 330(e)(6)(B)(iii) shall not apply to funds provided under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

ryan white hiv/aids program

For an additional amount for “Ryan White HIV/AIDS Program”, $90,000,000, to remain available through September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That awards from funds provided under this heading in this Act shall be through modifications to existing contracts and supplements to existing grants and cooperative agreements under parts A, B, C, D, F, and section 2692(a) of title XXVI of the Public Health Service Act: Provided further, That such supplements shall be awarded using a data-driven methodology determined by the Secretary of Health and Human Services: Provided further, That sections 2604(c), 2612(b), and 2651(c) of the Public Health Service Act shall not apply to funds provided under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

health care systems

For an additional amount for “Health Care Systems”, $5,000,000, to remain available until September 30, 2021 to prevent, prepare for, and respond to coronavirus, for activities authorized under sections 1271 and 1273 of the Public Health Service Act to improve the capacity of poison control centers to respond to increased calls and communications: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

rural health

For an additional amount for “Rural Health”, $460,000,000, to remain available through September 30, 2021, to prevent, prepare for, and respond to coronavirus, including telephonic and virtual care for the underinsured, and for continuation and expansion of telehealth and rural health activities under sections 330A and 330I of the Public Health Service Act and section 711 of the Social Security Act: Provided, That of the amount provided under this heading in this Act, not less than $15,000,000 shall be allocated to tribes, tribal organizations, urban Indian health organizations, or health service providers to tribes: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Centers For Disease Control And Prevention

cdc–wide activities and program support

For an additional amount for “CDC–Wide Activities and Program Support”, $5,500,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That not less than $2,000,000,000 of the amount provided shall be for grants to or cooperative agreements with States, localities, territories, tribes, tribal organizations, urban Indian health organizations, or health service providers to tribes, for such purposes including to carry out surveillance, epidemiology, laboratory capacity, infection control, mitigation, communications, and other preparedness and response activities: Provided further, That every grantee that received a Public Health Emergency Preparedness grant for fiscal year 2019 shall receive not less than 100 percent of that grant level from funds provided in the first proviso under this heading in this Act, and not less than $125,000,000 of such funds shall be allocated to tribes, tribal organizations, urban Indian health organizations, or health service providers to tribes: Provided further, That the Director of the Centers for Disease Control and Prevention (“CDC”) may satisfy the funding thresholds outlined in the preceding two provisos by making awards through other grant or cooperative agreement mechanisms: Provided further, That of the amount provided under this heading in this Act, not less than $1,000,000,000 shall be for global disease detection and emergency response: Provided further, That of the amount provided under this heading in this Act, $500,000,000 shall be for public health data surveillance and analytics infrastructure modernization: Provided further, That funds appropriated under this heading in this Act may be used for grants for the rent, lease, purchase, acquisition, construction, alteration, or renovation of non-Federally owned facilities to improve preparedness and response capability at the State and local level: Provided further, That funds may be used for purchase and insurance of official motor vehicles in foreign countries: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

National Institutes Of Health

national heart, lung, and blood institute

For an additional amount for “National Heart, Lung, and Blood Institute”, $103,400,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

national institute of allergy and infectious diseases

For an additional amount for “National Institute of Allergy and Infectious Diseases”, $550,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

national institute of environmental health sciences

For an additional amount for “National Institute of Environmental Health Sciences”, $10,000,000, to remain available until September 30, 2024, for worker-based training to prevent and reduce exposure of hospital employees, emergency first responders, and other workers who are at risk of exposure to coronavirus through their work duties: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

national institute of biomedical imaging and bioengineering

For an additional amount for “National Institute of Biomedical Imaging and Bioengineering”, $60,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

national library of medicine

For an additional amount for “National Library of Medicine”, $10,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

national center for advancing translational sciences

For an additional amount for “National Center for Advancing Translational Sciences”, $36,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

office of the director

For an additional amount for “Office of the Director”, $30,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That the funds provided under this heading in this Act shall be available for the Common Fund established under section 402A(c)(1) of the Public Health Service Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Substance Abuse And Mental Health Services Administration

health surveillance and program support

For an additional amount for “Health Surveillance and Program Support”, $435,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, for program support and cross-cutting activities that supplement activities funded under the headings “Mental Health”, “Substance Abuse Treatment”, and “Substance Abuse Prevention” in carrying out titles III, V, and XIX of the Public Health Service Act (“PHS Act”): Provided, That $200,000,000 of the funds made available under this heading in this Act shall be for grants to communities and community organizations who meet criteria for Certified Community Behavioral Health Clinics pursuant to section 223(a) of Public Law 113–93: Provided further, That $60,000,000 of the funds made available under this heading in this Act shall be for services to the homeless population: Provided further, That $10,000,000 of the funds made available under this heading in this Act shall be for the National Child Traumatic Stress Network: Provided further, That not less than $50,000,000 of the funds made available under this heading in this Act shall be for suicide prevention programs: Provided further, That not less than $100,000,000 of the amount made available under this heading in this Act is available for State Emergency Response Grants authorized under section 501(o) of the PHS Act: Provided further, That not less than $15,000,000 of the amount made available under this heading in this Act shall be allocated to tribes, tribal organizations, urban Indian health organizations, or health or behavioral health service providers to tribes: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Agency For Healthcare Research And Quality

For an additional amount for “Healthcare Research and Quality”, $80,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, to carry out titles III and IX of the Public Health Service Act, part A of title XI of the Social Security Act, and section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003: Provided, That section 947(c) of the Public Health Service Act shall not apply to funds made available under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Centers For Medicare & Medicaid Services

program management

For an additional amount for “Program Management”, $550,000,000, to remain available until September 30, 2022 to prevent, prepare for, and respond to coronavirus, of which $100,000,000 shall be for necessary expenses of the survey and certification program, prioritizing nursing home facilities in localities with community transmission of coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Administration For Children And Families

low income home energy assistance

For an additional amount for “Low Income Home Energy Assistance”, $1,400,000,000, to remain available until September 30, 2021, for making payments under subsection (b) of section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.): Provided, That of the amount provided under this heading in this Act, $700,000,000 shall be allocated as though the total appropriation for such payments for fiscal year 2020 was less than $1,975,000,000: Provided further, That section 2607(b)(2)(B) of such Act (42 U.S.C. 8626(b)(2)(B)) shall not apply to funds made available under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

payments to states for the child care and development block grant

For an additional amount for “Payments to States for the Child Care and Development Block Grant”, $6,000,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, including for Federal administrative expenses, which shall be used to supplement, not supplant State, Territory, and Tribal general revenue funds for child care assistance for low-income families without regard to requirements in section 658E(c)(3)(D), section 658E(c)(3)(E), section 658G(a), or section 658G(c) of the Child Care and Development Block Grant Act (“CCDBG Act”): Provided, That funds made available under this heading in this Act may also be used for costs of waiving family copayments and covering costs typically paid through family copayments, continued payments and assistance to child care providers in cases of decreased enrollment, child absences, or provider closures related to coronavirus, and to ensure child care providers are able to remain open or reopen as appropriate and applicable: Provided further, That States, Territories, and Tribes are encouraged to place conditions on payments to child care providers that ensure that child care providers use a portion of funds received to continue to pay the salaries and wages of staff: Provided further, That such funds may be used for mobilizing emergency child care services, for providing temporary assistance to eligible child care providers to support costs associated with coronavirus, and for supporting child care resource and referral services: Provided further, That States, Territories, and Tribes are authorized to use funds appropriated under this heading to provide child care assistance to health care sector employees, emergency responders, sanitation workers, and other workers deemed essential during the response to coronavirus by public officials, without regard to the income eligibility requirements of section 658P(4) of the CCDBG Act: Provided further, That the Secretary shall remind States that CCDBG State plans do not need to be amended prior to utilizing existing authorities in the CCDBG Act for the purposes provided herein: Provided further, That funds appropriated under this heading in this Act shall be available to eligible child care providers under section 658P(6) of the CCDBG Act, even if such providers were not receiving CCDBG assistance prior to the public health emergency as a result of the coronavirus, for the purposes of cleaning and sanitation, and other activities necessary to maintain or resume the operation of programs: Provided further, That obligations incurred for the purposes provided herein prior to the date of enactment of this Act may be charged to funds appropriated under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

children and families services programs

For an additional amount for “Children and Families Services Programs”, $5,202,000,000, to remain available until September 30, 2021, which shall be used as follows:

(1) $1,000,000,000 for making payments under the Head Start Act to be allocated in an amount that bears the same ratio to such portion as the number of enrolled children served by the agency involved bears to the number of enrolled children by all Head Start agencies: Provided, That none of the funds appropriated in this paragraph shall be included in the calculation of the ‘‘base grant’’ in subsequent fiscal years, as such term is defined in sections 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head Start Act: Provided further, That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head Start Act and in addition to allowable uses of fund in 45 CFR 1301–1305, shall be allowable for developing and implementing procedures and systems to improve the coordination, preparedness and response efforts with State, local, tribal, an territorial public health departments, and other relevant agencies; cost of meals and snacks not reimbursed by the Secretary of Agriculture; mental health services and supports; mental health crisis response and intervention services; training and professional development for staff on infectious disease management; purchasing necessary supplies and contracted services to sanitize and clean facilities and vehicles, if applicable; and other costs that are necessary to maintain and resume the operation of programs, such as substitute staff, technology infrastructure, or other emergency assistance: Provided further, That up to $600,000,000 shall be available for the purpose of operating supplemental summer programs through non-competitive grant supplements to existing grantees determined to be most ready to operate those programs by the Office of Head Start: Provided further, That not more than $15,000,000 shall be available for Federal administrative expenses and shall remain available through September 30, 2021: Provided further, That obligations incurred for the purposes provided herein prior to the date of enactment of this subdivision may be charged to funds appropriated under this heading.

(2) $2,500,000,000 for activities to carry out the Community Services Block Grant Act: Provided, That of the amount made available in this paragraph in this Act, $50,000,000 shall be available for Statewide activities in accordance with section 675C(b)(1) of such Act: Provided further, That of the amount made available in this paragraph in this Act, $25,000,000 shall be available for grants to support the procurement and distribution of diapers through non-profit organizations: Provided further, That of the amount made available in this paragraph in this Act, $25,000,000 shall be available for administrative expenses in accordance with section 675C(b)(2) of such Act: Provided further, That each State, territory, or tribe shall allocate not less than xx percent of its formula award to non-profit organizations: Provided further, That for services furnished under such Act during fiscal years 2020 and 2021, States may apply the last sentence of section 673(2) of such Act by substituting “200 percent” for “125 percent”.

(3) $2,000,000, for the National Domestic Violence Hotline as authorized by Section 303(b) of the Family Violence Prevention and Services Act: Provided, That the Secretary may use amounts made available in the preceding proviso for providing hotline services remotely.

(4) $100,000,000 for Family Violence Prevention and Services formula grants as authorized by Section 303(a) of the Family Violence and Prevention and Services Act: Provided, That the Secretary may use amounts made available in the preceding proviso for providing temporary housing and in-person assistance to victims of family, domestic, and dating violence: Provided further, That for funds obligated during the period of any public health emergency declared under section 319 of the Public Health Service Act with respect to coronavirus, the Secretary may waive the matching funds requirement in section 306(c)(4) of such Act.

(5) $100,000,000 for carrying out activities under the Runaway and Homeless Youth Act: Provided, That amounts made available in the preceding proviso shall be used to supplement, not supplant, existing funds and shall be available without regard to matching requirements.

(6) $1,500,000,000 for necessary expenses for grants for assisting low-income households, as defined by the grantee, in paying their water and wastewater utility costs: Provided, That eligible grantees shall be those identified in section 2003 of the Social Security Act, and funds appropriated in this paragraph shall be allocated among such entities proportionately to the size of the allotment to each such entity under such section;

Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Administration For Community Living

aging and disability services programs

For an additional amount for “Aging and Disability Services Programs”, $1,205,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That of the amount made available under this heading in this Act, $1,070,000,000 shall be for activities authorized under the Older Americans Act of 1965 (“OAA”), including $200,000,000 for supportive services under part B of title III; $720,000,000 for nutrition services under subparts 1 and 2 of part C of title III; $30,000,000 for nutrition services under title VI; $100,000,000 for support services for family caregivers under part E of title III; and $20,000,000 for elder rights protection activities, including the long-term ombudsman program under title VII of such Act: Provided further, That of the amount made available under this heading in this Act, $50,000,000 shall be for aging and disability resource centers authorized in sections 202(b) and 411 of the OAA: Provided further, That of the amount made available under this heading in this Act, $85,000,000 shall be available for centers for independent living that have received grants funded under part C of chapter I of title VII of the Rehabilitation Act of 1973: Provided further, That to facilitate State use of funds provided under this heading in this Act, matching requirements under sections 304(d)(1)(D) and 373(g)(2) of the OAA shall not apply to funds made available under this heading: Provided further, That the transfer authority under section 308(b)(4)(A) of the OAA shall apply to funds made available under this heading in this Act by substituting “100 percent” for “40 percent”: Provided further, That the State Long-Term Care Ombudsman shall have continuing direct access (or other access through the use of technology) to residents of long-term care facilities, during any portion of the public health emergency relating to coronavirus as of the date of enactment of this Act and ending on September 30, 2020, to provide services described in section 712(a)(3)(B) of the OAA: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Office Of The Secretary

public health and social services emergency fund

For an additional amount for “Public Health and Social Services Emergency Fund”, $6,077,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including the development of necessary countermeasures and vaccines, prioritizing platform-based technologies with U.S.-based manufacturing capabilities, the purchase of vaccines, therapeutics, diagnostics, and necessary medical supplies, as well as medical surge capacity, workforce modernization, enhancements to the U.S. Commissioned Corps, telehealth access and infrastructure, initial advanced manufacturing, and related administrative activities: Provided, That no less than $1,000,000,000 shall be dedicated to the development, translation and demonstration at scale of innovations in manufacturing platforms to support vitally necessary medical countermeasures to support a reliable U.S.-sourced supply chain of: (a) vaccines, (b) therapeutics, (c) small molecule APIs (active pharmaceutical ingredients), including construction costs: Provided further, That the Secretary of Health and Human Services shall purchase vaccines developed using funds made available under this heading in this Act to respond to an outbreak or pandemic related to coronavirus in quantities determined by the Secretary to be adequate to address the public health need: Provided further, That products purchased by the Federal government with funds made available under this heading, including vaccines, therapeutics, and diagnostics, shall be purchased in accordance with Federal Acquisition Regulation guidance on fair and reasonable pricing: Provided further, That the Secretary may take such measures authorized under current law to ensure that vaccines, therapeutics, and diagnostics developed from funds provided in this Act will be affordable in the commercial market Provided further, That in carrying out the preceding proviso, the Secretary shall not take actions that delay the development of such products: Provided further, That products purchased with funds appropriated in this paragraph may, at the discretion of the Secretary of Health and Human Services, be deposited in the Strategic National Stockpile under section 319F–2 of the Public Health Service Act (“PHS Act”): Provided further, That funds appropriated under this heading in this Act may be transferred to, and merged with, the fund authorized by section 319F–4, the Covered Countermeasure Process Fund, of the PHS Act: Provided further, That funds appropriated under this heading in this Act may be used for grants for the construction, alteration, or renovation of non-Federally owned facilities to improve preparedness and response capability at the State and local level: Provided further, That funds appropriated under this heading in this Act may be used for the construction, alteration, or renovation of non-Federally owned facilities for the production of vaccines, therapeutics, and diagnostics where the Secretary determines that such a contract is necessary to secure sufficient amounts of such supplies: Provided further, That of the amount provided under this heading in this Act, $1,635,000,000 shall be for expenses necessary to carry out section 319F–2(a) of the PHS Act: Provided further, That of the amount provided under this heading in this Act, not less than $500,000,000 shall be available to the Biomedical Advanced Research and Development Authority for acquisition, construction, or renovation of privately owned U.S.-based next generation manufacturing facilities: Provided further, That not later than seven days after the date of enactment of this Act, and weekly thereafter until the Secretary declares the public health emergency related to coronavirus no longer exists, the Secretary shall report to the Committees on Appropriations of the House of Representatives and the Senate on the current inventory of personal protective equipment in the Strategic National Stockpile, including the numbers of face shields, gloves, goggles and glasses, gowns, head covers, masks, and respirators, as well as deployment of personal protective equipment during the previous week, reported by state and other jurisdiction: Provided further, That after the date that a report is required to be submitted pursuant to the preceding proviso, amounts made available for “Department of Health and Human Services—Office of the Secretary—General Departmental Management” in Public Law 116–94 for salaries and expenses of the Immediate Office of the Secretary shall be reduced by $250,000 for each day that such report has not been submitted: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

For an additional amount for “Public Health and Social Services Emergency Fund”, $100,000,000,000, to remain available until expended, for making payments, through grants or other payment mechanisms, to covered entities to cover or reimburse health care related expenses or lost revenues attributable to the COVID–19 outbreak, including such expenses or losses occurring after January 20, 2020: Provided, That these funds may not be used to reimburse expenses or losses that have been reimbursed from other sources or that other sources are obligated to reimburse: Provided further, That, in this paragraph, the term “covered entity” means an entity that provides medical diagnoses or health care services relating to actual or possible cases of COVID–19: Provided further, That the Secretary of Health and Human Services shall, on a rolling basis, review applications and make payments under this paragraph and shall prioritize making such payments for charity care furnished, covered entities with high volumes of health care related expenses or lost revenues directly attributable to COVID–19, building or construction of temporary structures, leasing of properties, medical supplies and equipment including personal protective equipment and testing supplies, increased workforce and trainings, emergency operation centers, construction of or retrofitting facilities, forgone revenue unlikely to be earned in the future, and surge capacity: Provided further, That no covered entity may be restricted from receiving a payment under this paragraph based on any factor that is unrelated to its qualifications to perform the services required for receipt of the payment: Provided further, That payments under this paragraph shall be made in consideration of the most efficient payment systems to provide emergency payment: Provided further, That, in this paragraph, the term “payment” means a pre-payment, prospective payment, or retrospective payment: Provided further, That to be eligible for a payment under this paragraph, a covered entity shall submit to the Secretary of Health and Human Services an application that includes a statement justifying the need of the entity for the payment and the covered entity shall have a valid tax identification number: Provided further, That, not later than 3 years after final payments are made under this paragraph, the Secretary of Health and Human Services shall instruct the Office of the Inspector General or Comptroller General of the United States to audit such payments: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

For an additional amount for “Public Health and Social Services Emergency Fund”, $4,500,000,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus, to reimburse the Department of Veterans Affairs for expenses incurred by the Veterans Affairs health care system to provide medical care to civilians: Provided, That funds provided under this paragraph shall be made available only if the Secretary of Health and Human Services certifies to the Committees on Appropriations of the House of Representatives and the Senate that such funds are necessary to reimburse the Department of Veterans Affairs for expenses incurred to provide health care to civilians: Provided further, That the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate prior to such certification: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

public health emergency fund

For an additional amount for the “Public Health Emergency Fund”, $5,000,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, to be deposited into the Public Health Emergency Fund, as established under section 319(b) of the Public Health Service Act: Provided, That products purchased with funds appropriated under this heading in this Act may, at the discretion of the Secretary of Health and Human Services, be deposited in the Strategic National Stockpile under section 319F–2 of the Public Health Service Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

DEPARTMENT OF EDUCATION

State Fiscal Stabilization Fund

For an additional amount for “State Fiscal Stabilization Fund”, $50,000,000,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus: Provided, That the Secretary of Education (referred to under this heading as “Secretary”) shall make grants to the Governor of each State for support of elementary, secondary, and postsecondary education and, as applicable, early childhood education programs and services: Provided further, That of the amount made available, the Secretary shall first allocate up to one-half of 1 percent to the outlying areas and one-half of 1 percent to the Bureau of Indian Education (BIE) for activities consistent with this heading under such terms and conditions as the Secretary may determine: Provided further, That of the amount made available, the Secretary shall allocate 1 percent of funds to provide grants to States with the highest coronavirus burden to support activities under this heading: Provided further, That the Secretary shall issue a notice inviting applications not later than 30 days of enactment of this Act and approve or deny applications not later than 30 days after receipt: Provided further, That the Secretary may reserve up to $30,000,000 for administration and oversight of the activities under this heading: Provided further, That the Secretary shall allocate 61 percent of the remaining funds made available to carry out this heading to the States on the basis of their relative population of individuals aged 5 through 24 and allocate 39 percent on the basis of their relative number of children counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (referred to under this heading as “ESEA”) as State grants: Provided further, That State grants shall support statewide elementary, secondary, and postsecondary activities; subgrants to local educational agencies; and, subgrants to public institutions of higher education: Provided further, That States shall allocate not less than 30 percent of the funds received under the sixth proviso as subgrants to local educational agencies on the basis of their relative number of children counted under section 1124(c) of the ESEA: Provided further, That States shall allocate not less than 30 percent of the funds received under the sixth proviso as subgrants to public institutions of higher education on the basis of the relative share of full-time equivalent students who received Pell Grants at the institution in the previous award year and of the total enrollment of full-time equivalent students at the institution in the previous award year: Provided further, That the Governor shall return to the Secretary any funds received that the Governor does not award to local educational agencies and public institutions of higher education or otherwise commit within two years of receiving such funds, and the Secretary shall reallocate such funds to the remaining States in accordance with the sixth proviso: Provided further, That Governors shall use State grants to maintain or restore State fiscal support for elementary, secondary and postsecondary education: Provided further, That funds for local educational agencies may be used for any activity authorized by the ESEA, the Individuals with Disabilities Education Act, the McKinney-Vento Homeless Assistance Act (Title VII, Subpart B), the Adult Education and Family Literacy Act or the Carl D. Perkins Career and Technical Education Act of 2006 (“the Perkins Act”): Provided further, That a State or local educational agency receiving funds under this heading may use the funds for activities coordinated with State, local, tribal, and territorial public health departments to detect, prevent, or mitigate the spread of infectious disease or otherwise respond to coronavirus; support online learning by purchasing educational technology and internet access for students, which may include assistive technology or adaptive equipment, that aids in regular and substantive educational interactions between students and their classroom instructor; provide ongoing professional development to staff in how to effectively provide quality online academic instruction; provide assistance for children and families to promote equitable participation in quality online learning; plan and implement activities related to summer learning, including providing classroom instruction or quality online learning during the summer months; plan for and coordinate during long-term closures, provide technology for quality online learning to all students, and how to support the needs of low-income students, racial and ethnic minorities, students with disabilities, English learners, students experiencing homelessness, and children in foster care, including how to address learning gaps that are created or exacerbated due to long-term closures; and other activities that are necessary to maintain the operation of and continuity of services in local educational agencies, including maintaining employment of existing personnel: Provided further, That a public institution of higher education that receives funds under this heading shall use funds for education and general expenditures and grants to students for expenses directly related to coronavirus and the disruption of campus operations (which may include emergency financial aid to students for food, housing, technology, health care, and child care costs that shall not be required to be repaid by such students) or for the acquisition of technology and services directly related to the need for distance learning and the training of faculty and staff to use such technology and services (which shall not include paying contractors a portion of tuition revenue or for pre-enrollment recruitment activities): Provided further, That priority shall be given to under-resourced institutions, institutions with high burden due to the coronavirus, and institutions who do not possess distance education capabilities at the time of enactment of this Act: Provided further, That an institution of higher education may not use funds received under this heading to increase its endowment or provide funding for capital outlays associated with facilities related to athletics, sectarian instruction, or religious worship: Provided further, That funds may be used to support hourly workers, such as education support professionals, classified school employees, and adjunct and contingent faculty: Provided further, That a Governor of a State desiring to receive an allocation under this heading shall submit an application at such time, in such manner, and containing such information as the Secretary may reasonably require: Provided further, That a State’s application shall include assurances that the State will maintain support for elementary and secondary education in fiscal year 2020, fiscal year 2021, and fiscal year 2022 at least at the level of such support that is the average of such State’s support for elementary and secondary education in the 3 fiscal years preceding the date of enactment of this Act: Provided further, That a State’s application shall include assurances that the State will maintain State support for higher education (not including support for capital projects or for research and development or tuition and fees paid by students) in fiscal year 2020, fiscal year 2021, and fiscal year 2022 at least at the level of such support that is the average of such State’s support for higher education (which shall include State and local government funding to institutions of higher education and state need-based financial aid) in the 3 fiscal years preceding the date of enactment of this Act: Provided further, That in such application, the Governor shall provide baseline data that demonstrates the State’s current status in each of the areas described in such assurances in the preceding provisos: Provided further, That a State’s application shall include assurances that the State will not construe any provisions under this heading as displacing any otherwise applicable provision of any collective-bargaining agreement between an eligible entity and a labor organization as defined by section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)) or analogous State law: Provided further, That a State’s application shall include assurances that the State shall maintain the wages, benefits, and other terms and conditions of employment set forth in any collective-bargaining agreement between the eligible entity and a labor organization, as defined in the preceding proviso: Provided further, That a State receiving funds under this heading shall submit a report to the Secretary, at such time and in such manner as the Secretary may require, that describes the use of funds provided under this heading: Provided further, That no recipient of funds under this heading shall use funds to provide financial assistance to students to attend private elementary or secondary schools, unless such funds are used to provide special education and related services to children with disabilities, as authorized by the Individuals with Disabilities Education Act: Provided further, That the terms “elementary education” and “secondary education” have the meaning given such terms under State law: Provided further, That the term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965: Provided further, That the term “fiscal year” shall have the meaning given such term under State law: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Safe Schools And Citizenship Education

For an additional amount for “Safe Schools and Citizenship Education”, to supplement funds otherwise available for the “Project School Emergency Response to Violence program”, $200,000,000, to remain available until September 30, 2020, to prevent, prepare for, and respond to coronavirus, including to help elementary, secondary and postsecondary schools clean and disinfect affected schools, and assist in counseling and distance learning and associated costs: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Gallaudet University

For an additional amount for “Gallaudet University”, $7,000,000, to remain available until September 30, 2020, to prevent, prepare for, and respond to coronavirus, including to help defray the expenses (which may include lost revenue, reimbursement for expenses already incurred, technology costs associated with a transition to distance learning, faculty and staff trainings, and payroll) directly caused by coronavirus and to enable grants to students for expenses directly related to coronavirus and the disruption of university operations (which may include food, housing, transportation, technology, health care, and child care): Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Student Aid Administration

For an additional amount for “Student Aid Administration”, $75,000,000, to remain available until September 30, 2020, to prevent, prepare for, and respond to coronavirus in carrying out part D of title I, and subparts 1, 3, 9 and 10 of part A, and parts B, C, D, and E of title IV of the HEA, and subpart 1 of part A of title VII of the Public Health Service Act to support essential services directly related to coronavirus: Provided, That not later than 30 days after the date of enactment of this Act, the Secretary shall, using outbound communications, provide all Federal student loan borrowers a notice of their options to lower or delay payments as a result of the coronavirus by enrolling in income-driven repayment, deferment, or forbearance, and including a brief description of such options: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Higher Education

For an additional amount for “Higher Education”, $9,500,000,000, to remain available until September 30, 2020, to prevent, prepare for, and respond to coronavirus, including under parts A and B of title III, part A of title V, subpart 4 of part A of title VII, and part B of title VII of the Higher Education Act, which may be used to defray expenses (including lost revenue, reimbursement for expenses already incurred, technology costs associated with a transition to distance education, faculty and staff trainings, and payroll) incurred by institutions of higher education and for grants to students for any component of the student’s cost of attendance (as defined under section 472 of the Higher Education Act), including food, housing, course materials, technology, health care, and child care as follows:

(1) $1,500,000,000 for parts A and B of title III, part A of title V, and subpart 4 of part A of title VII to address needs directly related to coronavirus: Provided, That the Secretary of Education shall allow institutions to use prior awards under the authorities covered by the preceding proviso to prevent, prepare for, and respond to coronavirus;

(2) $8,000,000,000 for part B of title VII of the Higher Education Act for institutions of higher education (as defined in section 101 or 102(c) of the Higher Education Act) to address needs directly related to coronavirus: Provided, That such funds shall be available to the Secretary only for payments to help defray the expenses incurred by such institutions of higher education that were forced to close campuses or alter delivery of instruction as a result of coronavirus: Provided further, That any non-profit, private institution of higher education that is not otherwise eligible for a grant of at least $1,000,000, shall be eligible to receive an amount equal to whichever is lesser of the total loss of revenue and increased costs associated with the coronavirus or $1,000,000: Provided further, That funds may be used to make payments to such institutions to provide emergency grants to students who attend such institutions for academic years beginning on or after July 1, 2019:

Provided further, That such payments shall be made in accordance with criteria established by the Secretary and made publicly available without regard to section 437 of the General Education Provisions Act, section 553 of title 5, United States Code, or part B of title VII of the HEA: Provided further, That institutions receiving funds under the heading State Fiscal Stabilization Fund (not including amounts provided through state-based financial aid) shall not be eligible for additional funding for part B of title VII under this heading: Provided further, That such payments shall not be used to increase endowments or provide funding for capital outlays associated with facilities related to athletics, sectarian instruction, or religious worship: Provided further, That such amounts is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Howard University

For an additional amount for “Howard University”, $13,000,000, to remain available until September 30, 2020, to prevent, prepare for, and respond to coronavirus, including to help defray the expenses (which may include lost revenue, reimbursement for expenses already incurred, technology costs associated with a transition to distance learning, faculty and staff trainings, and payroll) directly caused by coronavirus and to enable grants to students for expenses directly related to coronavirus and the disruption of university operations (which may include food, housing, transportation, technology, health care, and child care): Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Departmental Management

program administration

For an additional amount for “Program Administration”, $10,000,000, to remain available until September 30, 2020, to prevent, prepare for, and respond to coronavirus: Provided, That such funds shall only be used to support network bandwidth and capacity for telework for Departmental staff and the cleaning of facilities as a result of coronavirus: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

office of the inspector general

For an additional amount for the “Office of Inspector General”, $11,000,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus, including for salaries and expenses necessary for oversight and audit of programs, grants, and projects funded in this Act to respond to coronavirus Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

RELATED AGENCIES

Corporation For National And Community Service

For an additional amount for the “Corporation for National and Community Service”, $250,000,000, to remain available until September 30, 2020, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Administrative Provision—corporation For National And Community Service

Sec. 10801. (a) (1) The remaining unobligated balances of funds as of September 30, 2020, from amounts provided to “Corporation for National and Community Service—Operating Expenses” in title IV of Division A of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94), are hereby permanently rescinded.

(2) In addition to any amounts otherwise provided, there is hereby appropriated on September 30, 2020, for an additional amount for fiscal year 2020, an amount equal to the unobligated balances rescinded pursuant to paragraph (1): Provided, That amounts made available pursuant to this paragraph shall remain available until September 30, 2021, and shall be available for the same purposes and under the same authorities that they were originally made available in Public Law 116–94.

(b) (1) The remaining unobligated balances of funds as of September 30, 2020, from amounts provided to “Corporation for National and Community Service—Salaries and Expenses” in title IV of Division A of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94), are hereby permanently rescinded.

(2) In addition to any amounts otherwise provided, there is hereby appropriated on September 30, 2020, for an additional amount for fiscal year 2020, an amount equal to the unobligated balances rescinded pursuant to paragraph (1): Provided, That amounts made available pursuant to this paragraph shall remain available until September 30, 2021, and shall be available for the same purposes and under the same authorities that they were originally made available in Public Law 116–94.

(c) (1) The remaining unobligated balances of funds as of September 30, 2020, from amounts provided to “Corporation for National and Community Service—Office of Inspector General” in title IV of Division A of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94), are hereby permanently rescinded.

(2) In addition to any amounts otherwise provided, there is hereby appropriated on September 30, 2020, for an additional amount for fiscal year 2020, an amount equal to the unobligated balances rescinded pursuant to paragraph (1): Provided, That amounts made available pursuant to this paragraph shall remain available until September 30, 2021, and shall be available for the same purposes and under the same authorities that they were originally made available in Public Law 116–94.

Corporation For Public Broadcasting

For an additional amount for “Corporation for Public Broadcasting”, $300,000,000, to remain available until September 30, 2020, to prevent, prepare for, and respond to coronavirus, including for fiscal stabilization grants to public telecommunications entities, with no deduction for administrative or other costs of the Corporation, to maintain programming and services and preserve small and rural stations threatened by declines in non-Federal revenues, of which $50,000,000 shall be used to support the public television system: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Institute Of Museum And Library Services

For an additional amount for “Institute of Museum and Library Services”, $500,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, including grants to States, museums, territories and tribes to expand digital network access, purchase tablets and other internet-enabled devices, for operational expenses, and provide technical support services: Provided, That any matching funds requirements for States, museums, or tribes are waived: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Railroad Retirement Board

limitation on administration

For an additional amount for “Limitation on Administration”, $10,000,000, to remain available until September 30, 2020, to prevent, prepare for, and respond to coronavirus, including the purchase of information technology equipment to improve the mobility of the workforce, and to provide for additional hiring or overtime hours as needed to administer the Railroad Unemployment Insurance Act: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Social Security Administration

limitation on administrative expenses

For an additional amount for “Limitation on Administrative Expenses”, $510,000,000, to remain available until September 30, 2021, for necessary expenses to prevent, prepare for, and respond to coronavirus, including paying the salaries and benefits of employees affected as a result of office closures, telework, phone and communication services for employees, overtime costs, and supplies, and for resources necessary for processing disability and retirement workloads and backlogs, of which the amount made available under this heading in this Act, $210,000,000 shall be for the purposes of issuing emergency assistance payments: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

GENERAL PROVISIONS—THIS TITLE

Sec. 10802. Notwithstanding any other provision of law, funds made available under each heading in this title shall only be used for the purposes specifically described under that heading.

Sec. 10803. (a) Funds appropriated in this title may be made available to restore amounts, either directly or through reimbursement, for obligations incurred by agencies of the Department of Health and Human Services to prevent, prepare for, and respond to coronavirus, domestically or internationally, prior to the date of enactment of this Act. This subsection shall not apply to obligations incurred by the Infectious Diseases Rapid Response Reserve Fund.

(b) Grants or cooperative agreements with States, localities, territories, tribes, tribal organizations, urban Indian health organizations, or health service providers to tribes, under this title, to carry out surveillance, epidemiology, laboratory capacity, infection control, mitigation, communications, and other preparedness and response activities to prevent, prepare for, and respond to coronavirus shall include amounts to reimburse costs for these purposes incurred between January 20, 2020, and the date of enactment of this Act.

Sec. 10804. Funds appropriated by this title may be used by the Secretary of the Health and Human Services to appoint, without regard to the provisions of sections 3309 through 3319 of title 5 of the United States Code, candidates needed for positions to perform critical work relating to coronavirus for which—

(1) public notice has been given; and

(2) the Secretary has determined that such a public health threat exists.

Sec. 10805. Funds made available by this title may be used to enter into contracts with individuals for the provision of personal services (as described in section 104 of part 37 of title 48, Code of Federal Regulations (48 CFR 37.104)) to support the prevention of, preparation for, or response to coronavirus, domestically and internationally, subject to prior notification to the Committees on Appropriations of the House of Representatives and the Senate: Provided, That such individuals may not be deemed employees of the United States for the purpose of any law administered by the Office of Personnel Management: Provided further, That the authority made available pursuant to this section shall expire on September 30, 2024.

Sec. 10806. Of the funds appropriated by this title under the heading “Public Health and Social Services Emergency Fund”, $4,000,000 shall be transferred to, and merged with, funds made available under the heading “Office of the Secretary, Office of Inspector General”, and shall remain available until expended, for oversight of activities supported with funds appropriated to the Department of Health and Human Services in this Act: Provided, That the Inspector General of the Department of Health and Human Services shall consult with the Committees on Appropriations of the House of Representatives and the Senate prior to obligating such funds: Provided further, That the transfer authority provided by this section is in addition to any other transfer authority provided by law.

Sec. 10807. Of the funds provided under the heading “CDC–Wide Activities and Program Support”, $1,000,000,000, to remain available until expended, shall be available to the Director of the CDC for deposit in the Infectious Diseases Rapid Response Reserve Fund established by section 231 of division B of Public Law 115–245.

Sec. 10808. (a) Premium pay authority.—If services performed by an employee of the Department of Health and Human Services during fiscal year 2020 are determined by the head of the agency to be primarily related to preparation, prevention, or response to SARS–CoV–2 or another coronavirus with pandemic potential, any premium pay for such services shall be disregarded in calculating the aggregate of such employee's basic pay and premium pay for purposes of a limitation under section 5547(a) of title 5, United States Code, or under any other provision of law, whether such employee's pay is paid on a biweekly or calendar year basis.

(b) Overtime authority.—Any overtime pay for such services shall be disregarded in calculating any annual limit on the amount of overtime pay payable in a calendar or fiscal year.

(c) Applicability of aggregate limitation on pay.—With regard to such services, any pay that is disregarded under either subsection (a) or (b) shall be disregarded in calculating such employee’s aggregate pay for purposes of the limitation in section 5307 of such title 5.

(d) Limitation of pay authority.—

(1) Pay that is disregarded under subsection (a) or (b) shall not cause the aggregate of the employee's basic pay and premium pay for the applicable calendar year to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of such calendar year.

(2) For purposes of applying this subsection to an employee who would otherwise be subject to the premium pay limits established under section 5547 of title 5, United States Code, “premium pay” means the premium pay paid under the provisions of law cited in section 5547(a).

(3) For purposes of applying this subsection to an employee under a premium pay limit established under an authority other than section 5547 of title 5, United States Code, the agency responsible for administering such limit shall determine what payments are considered premium pay.

(e) Effective date.—This section shall take effect as if enacted on February 2, 2020.

(f) Treatment of additional pay.—If application of this section results in the payment of additional premium pay to a covered employee of a type that is normally creditable as basic pay for retirement or any other purpose, that additional pay shall not—

(1) be considered to be basic pay of the covered employee for any purpose; or

(2) be used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or section 5552 of title 5, United States Code.

Sec. 10809. (a) Funds appropriated for “Department of Health and Human Services—Centers for Disease Control and Prevention—CDC–Wide Activities and Program Support”” in title III of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123) shall be paid to “Department of Homeland Security—Countering Weapons of Mass Destruction Office—Federal Assistance” for costs incurred under other transaction authority and related to screening for coronavirus, domestically or internationally, including costs incurred prior to the enactment of such Act.

(b) The amounts repurposed under subsection (a) that were previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to such section of such Act.

SENATE

Contingent Expenses Of The Senate

sergeant at arms and doorkeeper of the senate

For an additional amount for “Sergeant at Arms and Doorkeeper of the Senate”, $1,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

miscellaneous items

For an additional amount for “Miscellaneous Items”, $9,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

HOUSE OF REPRESENTATIVES

Salaries And Expenses

For an additional amount for “Salaries and Expenses”, $25,000,000, to remain available until September 30, 2021, except that $5,000,000 shall remain available until expended, for necessary expenses of the House of Representatives to prevent, prepare for, and respond to coronavirus, to be allocated in accordance with a spend plan submitted to the Committee on Appropriations of the House of Representatives by the Chief Administrative Officer and approved by such Committee: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

JOINT ITEMS

Office Of The Attending Physician

For an additional amount for “Office of the Attending Physician”, $400,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

CAPITOL POLICE

Salaries

For an additional amount for “Salaries”, $12,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That amounts provided in this paragraph may be transferred between Capitol Police “Salaries” and “General Expenses” for the purposes provided herein without the approval requirement of section 1001 of the Legislative Branch Appropriations Act, 2014 (2 U.S.C. 1907a): Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

ARCHITECT OF THE CAPITOL

Capital Construction And Operations

For an additional amount for “Capital Construction and Operations”, $25,000,000, to remain available until September 30, 2021, for necessary expenses of the Architect of the Capitol to prevent, prepare for, and respond to coronavirus, including the purchase and distribution of cleaning and sanitation products throughout all facilities and grounds under the care of the Architect of the Capitol, wherever located, including any related services and operational costs: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

LIBRARY OF CONGRESS

Salaries And Expenses

For an additional amount for “Salaries and Expenses”, $700,000, to remain available until September 30, 2020, to be made available to the Little Scholars Child Development Center, subject to approval by the Committees on Appropriations of the Senate and House of Representatives, and the Senate Committee on Rules and Administration, and the Committee on House Administration: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

GOVERNMENT ACCOUNTABILITY OFFICE

Salaries And Expenses

For an additional amount for “Salaries and Expenses”, $50,000,000, to remain available until expended, for audits and investigations relating to coronavirus: Provided, That, not later than 90 days after the date of enactment of this Act, the Government Accountability Office shall submit to the Committees on Appropriations of the House of Representatives and the Senate a spend plan specifying funding estimates and a timeline for such audits and investigations: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

General Provisions—this Title

    SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES AND EXPENSES OF SENATE EMPLOYEE CHILD CARE CENTER

Sec. 10901. The Secretary of the Senate shall reimburse the Senate Employee Child Care Center for personnel costs incurred starting on April 1, 2020, for employees of such Center who have been ordered to cease working due to measures taken in the Capitol complex to combat coronavirus, not to exceed $84,000 per month, from amounts in the appropriations account “MISCELLANEOUS ITEMS” within the contingent fund of the Senate.

    SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES AND EXPENSES OF LITTLE SCHOLARS CHILD DEVELOPMENT CENTER

Sec. 10902. The Library of Congress shall reimburse Little Scholars Child Development Center for salaries for employees incurred from April 1, 2020, to September 30, 2020, for employees of such Center who have been ordered to cease working due to measures taken in the Capitol complex to combat coronavirus, not to exceed $113,000 per month, from amounts in the appropriations account “Library of Congress—Salaries and Expenses”.

    SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES AND EXPENSES OF HOUSE OF REPRESENTATIVES CHILD CARE CENTER

Sec. 10903. (a) Authorizing use of Revolving Fund or appropriated funds.—Section 312(d)(3)(A) of the Legislative Branch Appropriations Act, 1992 (2 U.S.C. 2062(d)(3)(A)) is amended—

(1) in subparagraph (A), by striking the period at the end and inserting the following: “, and, at the option of the Chief Administrative Officer during an emergency situation, the payment of the salary of other employees of the Center.”; and

(2) by adding at the end the following new subparagraph:

“(C) During an emergency situation, the payment of such other expenses for activities carried out under this section as the Chief Administrative Officer determines appropriate.”.

(b) Effective date.—The amendment made by subsection (a) shall apply with respect to fiscal year 2020 and each succeeding fiscal year.

    PAYMENTS TO ENSURE CONTINUING AVAILABILITY OF GOODS AND SERVICES DURING THE CORONAVIRUS EMERGENCY

Sec. 10904. (a) Authorization To make payments.—Notwithstanding any other provision of law and subject to subsection (b), during an emergency situation, the Chief Administrative Officer of the House of Representatives may make payments under contracts with vendors providing goods and services to the House in amounts and under terms and conditions other than those provided under the contract in order to ensure that those goods and services remain available to the House throughout the duration of the emergency.

(b) Conditions.—

(1) APPROVAL REQUIRED.—The Chief Administrative Officer may not make payments under the authority of subsection (a) without the approval of the Committee on House Administration of the House of Representatives.

(2) AVAILABILITY OF APPROPRIATIONS.—The authority of the Chief Administrative Officer to make payments under the authority of subsection (a) is subject to the availability of appropriations to make such payments.

(c) Applicability.—This section shall apply with respect to fiscal year 2020 and each succeeding fiscal year.

    AUTHORIZING PAYMENTS UNDER SERVICE CONTRACTS DURING THE CORONAVIRUS EMERGENCY

Sec. 10905. (a) Authorizing payments.—Notwithstanding section 3324(a) of title 31, United States Code, or any other provision of law and subject to subsection (b), if the employees of a contractor with a service contract with the Architect of the Capitol are furloughed or otherwise unable to work during closures, stop work orders, or reductions in service arising from or related to the impacts of coronavirus, the Architect of the Capitol may continue to make the payments provided for under the contract for the weekly salaries and benefits of such employees for not more than 16 weeks.

(b) Availability of appropriations.—The authority of the Architect of the Capitol to make payments under the authority of subsection (a) is subject to the availability of appropriations to make such payments.

(c) Regulations.—The Architect of the Capitol shall promulgate such regulations as may be necessary to carry out this section.

    MASS MAILINGS AS FRANKED MAIL

Sec. 10906. (a) Waiver of Restrictions To Respond to Threats to Life Safety.— (1) Section 3210(a)(6)(D) of title 39, United States Code, is amended by striking the period at the end of the first sentence and inserting the following: “, and in the case of the Commission, to waive this paragraph in the case of mailings sent in response to or to address threats to life safety.”.

(2) EFFECTIVE DATE.—The amendments made by this subsection shall apply with respect to mailings sent on or after the date of the enactment of this Act.

    TECHNICAL CORRECTION

Sec. 10907. In the matter preceding the first proviso under the heading “Library of Congress—Salaries and Expenses” in division E of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94), strike “$504,164,000” and insert “$510,164,000”.

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

general operating expenses, veterans benefits administration

For an additional amount for “General Operating Expenses, Veterans Benefits Administration”, $13,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Veterans Health Administration

medical services

For an additional amount for “Medical Services”, $14,432,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, including related impacts on health care delivery: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

medical community care

For an additional amount for “Medical Community Care”, $2,100,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, including related impacts on health care delivery: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

medical support and compliance

For an additional amount for “Medical Support and Compliance”, $100,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, including related impacts on health care delivery: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

medical facilities

For an additional amount for “Medical Facilities”, $605,613,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, including related impacts on health care delivery: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Departmental Administration

general administration

For an additional amount for “General Administration”, $6,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

information technology systems

For an additional amount for “Information Technology Systems”, $3,000,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, including related impacts on health care delivery: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

office of inspector general

For an additional amount for “Office of Inspector General”, $14,300,000, to remain available until September 30, 2022, for oversight of activities funded by this title and administered by the Department of Veterans Affairs: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Armed Forces Retirement Home

trust fund

For an additional amount for “Armed Forces Retirement Home Trust Fund”, $2,800,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, to be paid from funds available in the Armed Forces Retirement Home Trust Fund: Provided, That of the amounts made available under this heading from funds available in the Armed Forces Retirement Home Trust Fund, $2,800,000 shall be paid from the general fund of the Treasury to the Trust Fund: Provided further, That the Chief Executive Officer of the Armed Forces Retirement Home shall submit to the Committees on Appropriations of the House of Representatives and the Senate monthly reports detailing obligations, expenditures, and planned activities: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

DEPARTMENT OF STATE

Administration Of Foreign Affairs

diplomatic programs

For an additional amount for “Diplomatic Programs”, $315,000,000, to remain available until September 30, 2022, for necessary expenses to prevent, prepare for, and respond to coronavirus, including for evacuation expenses, emergency preparedness, and maintaining consular operations: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Funds Appropriated To The President

operating expenses

For an additional amount for “Operating Expenses”, $95,000,000, to remain available until September 30, 2022, for necessary expenses to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated To The President

international disaster assistance

For an additional amount for “International Disaster Assistance”, $300,000,000, to remain available until expended, for necessary expenses to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Department Of State

migration and refugee assistance

For an additional amount for “Migration and Refugee Assistance”, $300,000,000, to remain available until expended, for necessary expenses to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Independent Agencies

peace corps

For an additional amount for “Peace Corps”, $90,000,000, to remain available until September 30, 2022, for necessary expenses to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

GENERAL PROVISIONS — THIS TITLE

(including transfer of funds)

Sec. 11101. The authorities and limitations of section 402 of the Coronavirus Preparedness and Response Supplemental Appropriations Act (division A of Public Law 116–123) shall apply to funds appropriated by this title as follows:

(1) subsections (a), (d), (e) and (f) shall apply to funds under the heading “Diplomatic Programs”; and

(2) subsections (c), (d), (e), and (f) shall apply to funds under the heading “International Disaster Assistance”.

Sec. 11102. Funds appropriated by this title under the headings “Diplomatic Programs”, “Operating Expenses”, and “Peace Corps” may be used to reimburse such accounts administered by the Department of State, the United States Agency for International Development, and the Peace Corps for obligations incurred to prevent, prepare for, and respond to coronavirus prior to the date of enactment of this Act.

Sec. 11103. Section 7064(a) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94), is amended by striking “$100,000,000” and inserting in lieu thereof “$110,000,000”, and by adding before the period at the end the following “: Provided, That no amounts may be used that were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985”.

Sec. 11104. The reporting requirements of section 406(b) of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (division A of Public Law 116–123) shall apply to funds appropriated by this title: Provided, That the requirement to jointly submit such reports shall not apply to the Director of the Peace Corps: Provided further, That reports required by such section may be consolidated and shall include information on all funds made available to such executive agency to prevent, prepare for, and respond to coronavirus.

Sec. 11105. Notwithstanding any other provision of law, and in addition to leave authorized under any other provision of law, the Secretary of State, the Administrator of the United States Agency for International Development, or the head of another Federal agency with employees under Chief of Mission Authority, may, in order to prevent, prepare for, and respond to coronavirus, provide additional paid leave to address employee hardships resulting from coronavirus: Provided, That this authority shall apply to leave taken since January 29, 2020, and may be provided abroad and domestically: Provided further, That the head of such agency shall consult with the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives and the Committee on Appropriations and the Committee on Foreign Relations of the Senate prior to the initial implementation of such authority: Provided further, That the authority made available pursuant to this section shall expire on September 30, 2022.

Sec. 11106. The Secretary of State, to prevent, prepare for, and respond to coronavirus, may exercise the authorities of section 3(j) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2670(j)) to provide medical services or related support for private United States citizens, nationals, and permanent resident aliens abroad, or third country nationals connected to United States persons or the diplomatic or development missions of the United States abroad who are unable to obtain such services or support otherwise: Provided, That such assistance shall be provided on a reimbursable basis to the extent feasible: Provided further, That such reimbursements may be credited to the applicable Department of State appropriation, to remain available until expended: Provided further, That the Secretary shall prioritize providing medical services or related support to individuals eligible for the health program under section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084): Provided further, That the authority made available pursuant to this section shall expire on September 30, 2022.

Sec. 11107. Notwithstanding section 6(b) of the Department of State Authorities Act of 2006 (Public Law 109–472), during fiscal years 2020 and 2021, passport and immigrant visa surcharges collected in any fiscal year pursuant to the fourth paragraph under the heading “Diplomatic and Consular Programs” in title IV of the Consolidated Appropriations Act, 2005 (division B of Public Law 108–447 (8 U.S.C. 1714)) may be obligated and expended on the costs of providing consular services: Provided, That such funds should be prioritized for American citizen services.

Sec. 11108. The Secretary of State is authorized to enter into contracts with individuals for the provision of personal services (as described in section 104 of part 37 of title 48, Code of Federal Regulations and including pursuant to section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084)) to prevent, prepare for, and respond to coronavirus, within the United States, subject to prior consultation with, and the regular notification procedures of, the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives and the Committee on Appropriations and the Committee on Foreign Relations of the Senate: Provided, That such individuals may not be deemed employees of the United States for the purpose of any law administered by the Office of Personnel Management: Provided further, That not later than 15 days after utilizing this authority, the Secretary of State shall provide a report to such committees on the overall staffing needs for the Office of Medical Services: Provided further, That the authority made available pursuant to this section shall expire on September 30, 2022.

Sec. 11109. The matter under the heading “Emergencies in the Diplomatic and Consular Service” in title I of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94) is amended by striking “$1,000,000” and inserting in lieu thereof “$5,000,000”.

Sec. 11110. The first proviso under the heading “Millennium Challenge Corporation” in title III of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94) is amended by striking “$105,000,000” and inserting in lieu thereof “$107,000,000”.

Sec. 11111. Notwithstanding any other provision of law, any oath of office required by law may, in particular circumstances that could otherwise pose health risks, be administered remotely, subject to appropriate verification: Provided, That prior to exercising the authority of this section, the Secretary of State shall submit a report to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives describing the process and procedures for administering such oaths, including appropriate verification: Provided further, That the authority made available pursuant to this section shall expire on September 30, 2021.

Sec. 11112. (a) Purposes.—For purposes of strengthening the ability of foreign countries to prevent, prepare for, and respond to coronavirus and to the adverse economic impacts of coronavirus, in a manner that would protect the United States from the spread of coronavirus and mitigate an international economic crisis resulting from coronavirus that may pose a significant risk to the economy of the United States, each paragraph of subsection (b) shall take effect upon enactment of this Act.

(b) Coronavirus Responses.—

(1) INTERNATIONAL DEVELOPMENT ASSOCIATION REPLENISHMENT.—The International Development Association Act (22 U.S.C. 284 et seq.) is amended by adding at the end the following new section:

“SEC. 31. Nineteenth Replenishment.

“(a) In General.—The United States Governor of the International Development Association is authorized to contribute on behalf of the United States $3,004,200,000 to the nineteenth replenishment of the resources of the Association, subject to obtaining the necessary appropriations.

“(b) Authorization of Appropriations.—In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $3,004,200,000 for payment by the Secretary of the Treasury.”.

(2) INTERNATIONAL FINANCE CORPORATION AUTHORIZATION.—The International Finance Corporation Act (22 U.S.C. 282 et seq.) is amended by adding at the end the following new section:

“SEC. 18. Capital Increases and Amendment to the Articles of Agreement.

“(a) Votes Authorized.—The United States Governor of the Corporation is authorized to vote in favor of—

“(1) a resolution to increase the authorized capital stock of the Corporation by 16,999,998 shares, to implement the conversion of a portion of the retained earnings of the Corporation into paid-in capital, which will result in the United States being issued an additional 3,771,899 shares of capital stock, without any cash contribution;

“(2) a resolution to increase the authorized capital stock of the Corporation on a general basis by 4,579,995 shares; and

“(3) a resolution to increase the authorized capital stock of the Corporation on a selective basis by 919,998 shares.

“(b) Amendment of the Articles .—The United States Governor of the Corporation is authorized to agree to and accept an amendment to article II, section 2(c)(ii) of the Articles of Agreement of the Corporation that would increase the vote by which the Board of Governors of the Corporation may increase the capital stock of the Corporation from a four-fifths majority to an eighty-five percent majority.”.

(3) AFRICAN DEVELOPMENT BANK.—The African Development Bank Act (22 U.S.C. 290i et seq.) is amended by adding at the end the following new section:

“SEC. 1345. Seventh Capital Increase.

“(a) Subscription Authorized.—

“(1) IN GENERAL.—The United States Governor of the Bank may subscribe on behalf of the United States to 532,023 additional shares of the capital stock of the Bank.

“(2) LIMITATION.—Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts.

“(b) Authorizations of Appropriations.—

“(1) IN GENERAL.—In order to pay for the increase in the United States subscription to the Bank under subsection (a), there are authorized to be appropriated, without fiscal year limitation, $7,286,587,008 for payment by the Secretary of the Treasury.

“(2) SHARE TYPES.—Of the amount authorized to be appropriated under paragraph (1)—

“(A) $437,190,016 shall be for paid in shares of the Bank; and

“(B) $6,849,396,992 shall be for callable shares of the Bank.”.

(4) AFRICAN DEVELOPMENT FUND.—The African Development Fund Act (22 U.S.C. 290g et seq.) is amended by adding at the end the following new section:

“SEC. 226. Fifteenth Replenishment.

“(a) In General.—The United States Governor of the Fund is authorized to contribute on behalf of the United States $513,900,000 to the fifteenth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations.

“(b) Authorization of Appropriations.—In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $513,900,000 for payment by the Secretary of the Treasury.”.

(5) INTERNATIONAL MONETARY FUND AUTHORIZATION FOR NEW ARRANGEMENTS TO BORROW.—

(A) IN GENERAL.—Section 17 of the Bretton Woods Agreements Act (22 U.S.C. 286e–2) is amended—

(i) in subsection (a)—

(I) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively;

(II) by inserting after paragraph (2) the following new paragraph:

“(3) In order to carry out the purposes of a one-time decision of the Executive Directors of the International Monetary Fund (the Fund) to expand the resources of the New Arrangements to Borrow, established pursuant to the decision of January 27, 1997, referred to in paragraph (1), the Secretary of the Treasury is authorized to make loans, in an amount not to exceed the dollar equivalent of 28,202,470,000 of Special Drawing Rights, in addition to any amounts previously authorized under this section, except that prior to activation of the New Arrangements to Borrow, the Secretary of the Treasury shall report to Congress whether supplementary resources are needed to forestall or cope with an impairment of the international monetary system and whether the Fund has fully explored other means of funding to the Fund.”; and

(III) in paragraph (5), as so redesignated, by striking “paragraph (3)” and inserting “paragraph (4)”.

(ii) in paragraph (6), as so redesignated, by striking “December 16, 2022” and inserting “December 31, 2025”; and

(iii) in subsection (e)(1) by striking “(a)(2),” each place such term appears and inserting “(a)(2), (a)(3)”.

(B) The amounts provided by the amendments made by this section are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

    TECHNICAL CORRECTIONS

Sec. 11113. (a) Environment Cooperation Commissions; North American Development Bank.—Section 601 of the United States-Mexico-Canada Agreement Implementation Act (Public Law 116–113; 134 Stat. 78) is amended by inserting “, other than sections 532 and 533 of such Act and part 2 of subtitle D of title V of such Act (as amended by section 831 of this Act),” before “is repealed”.

(b) Protective Orders.—Section 422 of the United States-Mexico-Canada Agreement Implementation Act (134 Stat. 64) is amended in subsection (a)(2)(A) by striking “all that follows through ‘, the administering authority’” and inserting “all that follows through ‘Agreement, the administering authority’”.

(c) Dispute Settlement.—Subsection (j) of section 504 of the United States-Mexico-Canada Agreement Implementation Act (134 Stat. 76) is amended in the item proposed to be inserted into the table of contents of such Act relating to section 414 by striking “determination” and inserting “determinations”.

(d) Effetive Date.—Each amendment made by this section shall take effect as if included in the enactment of the United States-Mexico-Canada Agreement Implementation Act.

(e) North American Development Bank: Limitation on Callable Capital Subscriptions.—The Secretary of the Treasury may subscribe without fiscal year limitation to the callable capital portion of the United States share of capital stock of the North American Development Bank in an amount not to exceed $1,020,000,000. The authority in the preceding sentence shall be in addition to any other authority provided by previous Acts.

(f) The amounts provided by the amendments made by this section are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Sec. 11114. Notwithstanding any other provision of law, funds made available under each heading in this title shall only be used for the purposes specifically described under that heading.

DEPARTMENT OF TRANSPORTATION

Office Of The Secretary

salaries and expenses

For an additional amount for “Salaries and Expenses”, $1,753,000, to remain available until September 30, 2020, to prevent, prepare for, and respond to coronavirus, including necessary expenses for operating costs and capital outlays: Provided, That such amounts are in addition to any other amounts made available for this purpose: Provided further, That obligations of amounts under this heading in this Act shall not be subject to the limitation on obligations under the heading “Office of the Secretary—Working Capital Fund” in division H of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94): Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

payment to air carriers

In addition to funds made available to the “Payment to Air Carriers” program in Public Law 116–94 to carry out the essential air service program under sections 41731 through 41742 of title 49, United States Code, $100,000,000, to be derived from the general fund and made available to the Essential Air Service and Rural Improvement Fund, to remain available until expended: Provided, That in determining between or among carriers competing to provide service to a community, the Secretary may consider the relative subsidy requirements of the carriers: Provided further, That basic essential air service minimum requirements shall not include the 15-passenger capacity requirement under section 41732(b)(3) of such title: Provided further, That none of the funds in this Act or any other Act shall be used to enter into a new contract with a community located less than 40 miles from the nearest small hub airport before the Secretary has negotiated with the community over a local cost share: Provided further, That amounts authorized to be distributed for the essential air service program under section 41742(b) of title 49, United States Code, shall be made available from amounts otherwise provided to the Administrator of the Federal Aviation Administration: Provided further, That the Administrator may reimburse such amounts from fees credited to the account established under section 45303 of such title: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

office of airline industry financial oversight

For the necessary expenses of the Office of Airline Industry Financial Oversight, as authorized in section 301 of title III of division R of the Take Responsibility for Workers and Families Act, $3,000,000: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

airline assistance to recycle and save program

For the necessary expenses of the Airline Assistance to Recycle and Save Program, as authorized in section 702 of title VII of division R of the Take Responsibility for Workers and Families Act, $1,000,000,000 to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

pandemic relief for aviation workers

For necessary expenses for providing pandemic relief for aviation workers, $40,000,000,000, to remain available until September 30, 2021 of which $37,000,000,000 shall be for the purposes authorized in section 101(a)(1)(A) of title I of division R of the Take Responsibility for Workers and Families Act, and $3,000,000,000, shall be for the purposes authorized in section 101(a)(1)(B) of title I of division R of the Take Responsibility for Workers and Families Act: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

In addition, for the cost of making direct loans and loan guarantees in accordance with the terms and conditions in sections 101–103 and 105 of title I of division R of the Take Responsibility for Workers and Families Act, such sums as may be necessary to remain available until September 30, 2021: Provided, That such costs, including the cost of modifying such loans, shall be defined by section 502 of the Congressional Budget Act of 1974: Provided further, That subject to section 502 of the Congressional Budget Act of 1974, during fiscal years 2020 and 2021, the aggregate sum of the principle for direct loans and guaranteed loans shall not exceed $21,000,000,000: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Federal Aviation Administration

operations

(airport and airway trust fund)

Of the amounts made available from the Airport and Airway Trust Fund for “Federal Aviation Administration—Operations” in title XI of subdivision 1 of division B of the Bipartisan Budget Act of 2018 (Public Law 115–123), not more than $25,000,000 may be used to prevent, prepare for, and respond to coronavirus: Provided, That amounts repurposed under this heading in this Act that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

grants-in-aid for airports

For an additional amount for “Grants-In-Aid for Airports”, to enable the Secretary of Transportation to make grants in accordance with the terms and conditions in section 401 of title IV division R of the Take Responsibility for Workers and Families Act, $10,000,000,000, to remain available until expended: Provided, That amounts made available under this heading in this Act shall be derived from the general fund: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

research, engineering, and development

For an additional amount for “Research, Engineering, and Development”, as authorized in section 705 of title VII of division R of the Take Responsibility for Workers and Families Act, $100,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Federal Motor Carrier Safety Administration

motor carrier safety operations and programs

Of prior year unobligated contract authority and liquidating cash provided for Motor Carrier Safety in the Transportation Equity Act for the 21st Century (Public Law 105–178), SAFETEA–LU (Public Law 109–59), or any other Act, in addition to amounts already appropriated in fiscal year 2020 for “Motor Carrier Safety Operations and Programs” $150,000 in additional obligation limitation is provided and repurposed for obligations incurred to support activities to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Federal Railroad Administration

safety and operations

For an additional amount for “Safety and Operations”, $250,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

northeast corridor grants to the national railroad passenger corporation

(including transfer of funds)

For an additional amount for “Northeast Corridor Grants to the National Railroad Passenger Corporation”, $492,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, including to enable the Secretary of Transportation to make or amend existing grants to the National Railroad Passenger Corporation for activities associated with the Northeast Corridor as authorized by section 11101(a) of the Fixing America’s Surface Transportation Act (division A of Public Law 114–94): Provided, That amounts made available under this heading in this Act may be transferred to and merged with “National Network Grants to the National Railroad Passenger Corporation” to prevent, prepare for, and respond to coronavirus: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

national network grants to the national railroad passenger corporation

(including transfer of funds)

For an additional amount for “National Network Grants to the National Railroad Passenger Corporation”, $526,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus, including to enable the Secretary of Transportation to make or amend existing grants to the National Railroad Passenger Corporation for activities associated with the National Network as authorized by section 11101(b) of the Fixing America’s Surface Transportation Act (division A of Public Law 114–94): Provided, That a State shall not be required to pay the National Railroad Passenger Corporation more than 80 percent of the amount paid in fiscal year 2019 under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432) and that not less than $239,000,000 of the amounts made available under this heading in this Act shall be made available for use in lieu of any increase in a State’s payment: Provided further, That amounts made available under this heading in this Act may be transferred to and merged with the “Northeast Corridor Grants to the National Railroad Passenger Corporation” to prevent, prepare for, and respond to coronavirus: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Federal Transit Administration

transit infrastructure grants

For an additional amount for “Transit Infrastructure Grants” $25,000,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That the Secretary of Transportation shall provide funds appropriated under this heading in this Act as if such funds were provided under section 5307 of title 49, United States Code, and apportion such funds in accordance with section 5336 of such title (other than subsections (h)(1) and (h)(4)), sections 5311, 5337, and 5340 of title 49, United States Code, and apportion such funds in accordance with such sections, except that funds apportioned under section 5337 shall be added to funds apportioned under section 5307 for administration under section 5307: Provided further, That the Secretary shall allocate the amounts provided in the preceding proviso under sections 5307, 5311, 5337, and 5340 of title 49, United States Code, among such sections in the same ratio as funds were provided in the fiscal year 2020 apportionments: Provided further, That funds apportioned under this heading shall be apportioned not later than 7 days after the date of enactment of this Act: Provided further, That funds shall be apportioned using the fiscal year 2020 apportionment formulas: Provided further, That not more than three-quarters of 1 percent of the funds for transit infrastructure grants shall be available for administrative expenses and ongoing program management oversight as authorized under sections 5334 and 5338(f)(2) of title 49, United States Code, and shall be in addition to any other appropriations for such purpose: Provided further, That notwithstanding subsection (a)(1) or (b) of section 5307 of title 49, United States Code, funds provided under this heading are available for the operating expenses of transit agencies related to the response to a public health emergency as described in section 319 of the Public Health Service Act, including, beginning on January 31, 2020, reimbursement for operating costs to maintain service and lost revenue due to the public health emergency, the purchase of personal protective equipment, and paying the administrative leave of operations personnel due to reductions in service: Provided further, That such operating expenses are not required to be included in a transportation improvement program, long-range transportation, statewide transportation plan, or a statewide transportation improvement program: Provided further, That the Secretary shall not waive the requirements of section 5333 of title 49, United States Code, for funds appropriated under this heading or for funds previously made available under section 5307 of title 49, United States Code, or sections 5311, 5337, or 5340 of such title as a result of the coronavirus: Provided further, That unless otherwise specified, applicable requirements under chapter 53 of title 49, United States Code, shall apply to funding made available under this heading, except that the Federal share of the costs for which any grant is made under this heading shall be, at the option of the recipient, up to 100 percent: Provided further, That the amount made available under this heading shall be derived from the general fund and shall not be subject to any limitation on obligations for transit programs set forth in any Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Maritime Administration

operations and training

For an additional amount for “Operations and Training”, $3,134,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That of the amounts made available under this heading in this Act, $1,000,000 shall be for the operations of the United States Merchant Marine Academy: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Office Of Inspector General

salaries and expenses

For an additional amount for “Office of Inspector General”, $5,000,000, to remain available through September 30, 2021: Provided, That the amount made available under this heading in this Act shall be for necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended: Provided further, That the amounts made available under this heading in this Act shall be used to conduct audits and investigations of activities carried out with amounts made available in this Act to the Department of Transportation to prevent, prepare for, and respond to coronavirus: Provided further, That the Inspector General shall have all the necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App 3), to investigate allegations of fraud, including false statements to the Government (18 U.S.C. 1001), by any person or entity that is subject to regulation by the Department of Transportation: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

General Provisions—department Of Transportation

Sec. 12101. For amounts made available by this Act under the headings “Northeast Corridor Grants to the National Railroad Passenger Corporation” and “National Network Grants to the National Railroad Passenger Corporation”, the Secretary of Transportation may not waive the requirements under section 24312 of title 49, United States Code, and section 24305(f) of title 49, United States Code: Provided, That for amounts made available by this Act under such headings the Secretary shall require the National Railroad Passenger Corporation to comply with the Railway Retirement Act of 1974 (45 U.S.C. 231 et seq.), the Railway Labor Act (45 U.S.C. 151 et seq.), and the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.): Provided further, That not later than 7 days after the date of enactment of this Act and each subsequent 7 days thereafter, the Secretary shall notify the House and Senate Committees on Appropriations, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate of any National Railroad Passenger Corporation employee furloughs as a result of efforts to prevent, prepare for, and respond to coronavirus: Provided further, That in the event of any National Railroad Passenger Corporation employee furloughs as a result of efforts to prevent, prepare for, and respond to coronavirus, the Secretary shall require the National Railroad Passenger Corporation to provide such employees the opportunity to be recalled to their previously held positions as intercity passenger rail service is restored to March 1, 2020 levels and not later than the date on which intercity passenger rail service has been fully restored to March 1, 2020 levels.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Management And Administration

administrative support offices

For an additional amount for “Administrative Support Offices”, $10,000,000, to remain available until September 30, 2021, to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

program offices

For an additional amount for “Program Offices”, $10,000,000, to remain available until September 30, 2030, to prevent, prepare for, and respond to coronavirus: Provided, That of the sums appropriated under this heading in this Act—

(1) $2,500,000 shall be available for the Office of Public and Indian Housing;

(2) $5,000,000 shall be available for the Office of Community Planning and Development; and

(3) $2,500,000 shall be available for the Office of Housing:

Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Public And Indian Housing

tenant-based rental assistance

For an additional amount for “Tenant-Based Rental Assistance”, $1,500,000,000, to remain available until expended, to provide additional funds for public housing agencies to maintain operations and take other necessary actions to prevent, prepare for, and respond to coronavirus: Provided, That of the amounts made available under this heading in this Act, $1,000,000,000 shall be available for additional administrative and other expenses of public housing agencies in administering their section 8 programs, including Mainstream vouchers, in response to coronavirus: Provided further, That such other expenses shall be new eligible activities to be defined by the Secretary and shall be activities to support or maintain the health and safety of assisted individuals and families, and costs related to retention and support of current participating landlords: Provided further, That amounts made available under paragraph (3) of this heading in division H of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) may be used for the other expenses as described in the preceding proviso in addition to their other available uses: Provided further, That of the amounts made available under this heading in this Act, $500,000,000 shall be available for adjustments in the calendar year 2020 section 8 renewal funding allocations, including Mainstream vouchers, for public housing agencies that experience a significant increase in voucher per-unit costs due to extraordinary circumstances or that, despite taking reasonable cost savings measures, as determined by the Secretary, would otherwise be required to terminate rental assistance for families as a result of insufficient funding: Provided further, That the Secretary shall allocate amounts provided in the preceding proviso based on need, as determined by the Secretary: Provided further, That for any amounts provided under this heading in prior Acts for tenant-based rental assistance contracts, including necessary administrative expenses, under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013) that remain available for this purpose after funding renewals and administrative expenses, the Secretary shall award no less than 50 percent of the remaining amounts for the same purpose within 60 days of enactment of this Act: Provided further, That the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the use of the amounts made available under this heading and the same heading of Public Law 116–94 (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the safe and effective administration of these funds to prevent, prepare for, and respond to coronavirus: Provided further, That the Secretary shall notify the public through the Federal Register or other appropriate means to ensure the most expeditious allocation of this funding of any such waiver or alternative requirement in order for such waiver or alternative requirement to take effect, and that such public notice may be provided at a minimum on the Internet at the appropriate Government web site or through other electronic media, as determined by the Secretary: Provided further, That any such waivers or alternative requirements shall remain in effect for the time and duration specified by the Secretary in such public notice and may be extended if necessary upon additional notice by the Secretary: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

public housing operating fund

For an additional amount for “Public Housing Operating Fund” for 2020 payments to public housing agencies for the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $720,000,000, to remain available until September 30, 2021: Provided, That such amount shall be combined with the amount appropriated for the same purpose under the same heading of Public Law 116–94, and distributed to all public housing agencies pursuant to the Operating Fund formula at part 990 of title 24, Code of Federal Regulations: Provided further, That for the period from the enactment of this Act through December 31, 2020, such combined total amount may be used for eligible activities under subsections (d)(1) and (e)(1) of such section 9 and for other expenses to prevent, prepare for, and respond to coronavirus, including activities to support or maintain the health and safety of assisted individuals and families, and activities to support education and child care for impacted families: Provided further, That amounts made available under the headings “Public Housing Operating Fund” and “Public Housing Capital Fund” in prior Acts, except for any set-asides listed under such headings, may be used for all of the purposes described in the preceding proviso: Provided further, That the expanded uses and funding flexibilities described in the previous two provisos shall be available to all public housing agencies through December 31, 2020, except that the Secretary may extend the period under which such flexibilities shall be available in additional 12 month increments upon a finding that individuals and families assisted by the public housing program continue to require expanded services due to the coronavirus pandemic: Provided further, That the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the use of such combined total amount of funds made available under the headings “Public Housing Operating Fund” and “Public Housing Capital Fund” in prior Acts (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the safe and effective administration of these funds to prevent, prepare for, and respond to coronavirus: Provided further, That the Secretary shall notify the public through the Federal Register or other appropriate means to ensure the most expeditious allocation of this funding of any such waiver or alternative requirement in order for such waiver or alternative requirement to take effect, and that such public notice may be provided at a minimum on the Internet at the appropriate Government web site or through other electronic media, as determined by the Secretary: Provided further, That any such waivers or alternative requirements shall remain in effect for the time and duration specified by the Secretary in such public notice and may be extended if necessary upon additional notice by the Secretary: Provided further , That amounts repurposed under this heading that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

native american programs

For an additional amount for “Native American Programs”, $350,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, of which—

(1) $250,000,000 shall be for the Native American Housing Block Grants program, as authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (“NAHASDA”) (25 U.S.C. 4111 et seq.): Provided, That amounts made available in this paragraph shall be distributed according to the same funding formula used in fiscal year 2020: Provided further, That such amounts may be used to cover the cost of and reimbursement of allowable costs to prevent, prepare for, and respond to coronavirus incurred by a recipient regardless of the date on which such costs were incurred: Provided further, That the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the use of amounts made available in this paragraph and in paragraph (1) under this heading in division H of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by the Secretary that any such waivers or alternative requirements are necessary to expedite or facilitate the use of such amounts, including to prevent, prepare for, and respond to coronavirus: Provided further, That any such waivers shall apply retroactively to activities to prevent, prepare for, and respond to coronavirus carried out with any amounts described in the preceding proviso; and

(2) $100,000,000 shall be for grants to Indian tribes for carrying out the Indian Community Development Block Grant program, as authorized under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) with respect to Indian tribes for use to respond to emergencies that constitute imminent threats to health and safety: Provided, That, notwithstanding section 106(a)(1) of such Act, the Secretary shall prioritize, without competition, allocations of such amounts for activities and projects to prevent, prepare for, and respond to coronavirus: Provided further, That not to exceed 20 percent of any grant made with amounts made available in this paragraph shall be expended for planning and management development and administration: Provided further, That such amounts may be used to cover the cost of and reimbursement of allowable costs to prevent, prepare for, and respond to coronavirus incurred by a recipient regardless of the date on which such costs were incurred: Provided further, That, notwithstanding section 105(a)(8) of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), there shall be no percent limitation on the use of amounts for public services activities to prevent, prepare for, and respond to coronavirus: Provided further, That the preceding proviso shall apply to all such activities funded with amounts made available in this paragraph and in paragraph (4) under this heading in division H of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94): Provided further, That the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the use of amounts made available in this paragraph and in paragraph (4) under this heading in division H of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by the Secretary that any such waivers or alternative requirements are necessary to expedite or facilitate the use of such amounts, including to prevent, prepare for, and respond to coronavirus: Provided further, That any such waivers shall apply retroactively to activities to prevent, prepare for, and respond to coronavirus carried out with any amounts described in the preceding proviso:

Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Community Planning And Development

housing opportunities for persons with aids

For an additional amount for carrying out the “Housing Opportunities for Persons with AIDS” program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 12901 et seq.), $130,000,000, to remain available until September 30, 2021, except that amounts allocated pursuant to section 854(c)(5) of such Act shall remain available until September 30, 2022, to provide additional funds to maintain operations and for rental assistance, supportive services, and other necessary actions, in order to prevent, prepare for, and respond to the coronavirus: Provided, That not less than $100,000,000 of the amount provided under this heading in this Act shall be allocated pursuant to the formula in section 854 of such Act using the same data elements as utilized pursuant to that same formula in fiscal year 2020: Provided further, That up to $20,000,000 of the amount provided under this heading in this Act shall be to provide an additional one-time, non-renewable award to grantees currently administering existing contracts for permanent supportive housing that initially were funded under section 854(c)(5) of such Act from funds made available under this heading in fiscal year 2010 and prior years: Provided further, That such awards shall be made proportionally to their existing grants: Provided further, That, notwithstanding section 858(b)(3)(B) of such Act (42 U.S.C. 12907(b)(3)(B)), housing payment assistance for rent, mortgage, or utilities payments may be provided for a period of up to 24 months: Provided further, That such awards are not required to be spent on permanent supportive housing: Provided further, That, to protect persons who are living with HIV/AIDS, such amounts provided under this heading in this Act may be used to self-isolate, quarantine, or to provide other coronavirus infection control services as recommended by the Centers for Disease Control and Prevention for household members not living with HIV/AIDS: Provided further, That such amounts may be used to provide relocation services, including to provide lodging at hotels, motels, or other locations in order to satisfy the objectives of the preceding proviso: Provided further, That, notwithstanding section 856(g) of such Act (42 U.S.C. 12905(g)), a grantee may use up to 6 percent of its award under this Act for administrative purposes, and a project sponsor may use up to 10 percent of its sub-award under this Act for administrative purposes: Provided further, That such amounts provided under this heading in this Act may be used to reimburse allowable costs consistent with the purposes of this heading incurred by a grantee or project sponsor regardless of the date on which such costs were incurred: Provided further, That any regulatory waivers the Secretary may issue may be deemed to be effective as of the date a grantee began preparing for coronavirus: Provided further, That any additional activities or authorities authorized under this heading in this Act may also apply at the discretion and upon notice of the Secretary to all amounts made available under this same heading in Public Law 116–94 if such amounts are used by grantees for the purposes described under this heading: Provided further, That up to 2 percent of amounts made available under this heading in this Act may be used, without competition, to increase prior awards made to existing technical assistance providers to provide an immediate increase in capacity building and technical assistance available to grantees under this heading and under the same heading in prior Acts: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

community development fund

For an additional amount for “Community Development Fund”, $15,000,000,000, for assistance under the community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) to prevent, prepare for, and respond to coronavirus, to remain available until September 30, 2022: Provided, That up to $8,000,000,000 of the amount made available under this heading shall be distributed pursuant to section 106 of such Act (42 U.S.C. 5306) to grantees that received allocations pursuant to that same formula in fiscal year 2020, and that such allocations shall be made within 30 days of enactment of this Act: Provided further, That, in addition to amounts allocated pursuant to the preceding proviso, an additional $5,000,000,000 shall be allocated directly to States to prevent, prepare for, and respond to coronavirus within the State, including activities within entitlement and nonentitlement communities, based on public health needs, risk of transmission of coronavirus, number of coronavirus cases compared to the national average, and economic and housing market disruptions, and other factors, as determined by the Secretary, using best available data and that such allocations shall be made within 45 days of enactment of this Act: Provided further, That any remaining amounts shall be distributed directly to the State or unit of general local government, at the discretion of the Secretary, according to a formula based on factors to be determined by the Secretary, prioritizing risk of transmission of coronavirus, number of coronavirus cases compared to the national average, and economic and housing market disruptions resulting from coronavirus: Provided further, That such allocations may be made on a rolling basis as additional needs develop and data becomes available: Provided further, That the Secretary shall make all such allocations based on the best available data at the time of allocation: Provided further, That amounts made available in the preceding provisos may be used to reimburse allowable costs consistent with the purposes of this heading in this Act incurred by a State or locality regardless of the date on which such costs were incurred: Provided further, That section 116(b) of such Act (42 U.S.C. 5316(b)) and any implementing regulations, which require grantees to submit their final statements of activities no later than August 16 of a given fiscal year, shall not apply to final statements submitted in accordance with sections 104(a)(2) and (a)(3) of such Act (42 U.S.C. 5304(a)(2) and (a)(3)) and comprehensive housing affordability strategies submitted in accordance with section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) for fiscal years 2019 and 2020: Provided further, That such final statements and comprehensive housing affordability strategies shall instead be submitted not later than August 16, 2021: Provided further, That the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the use of amounts made available under this heading and for fiscal years 2019 and 2020 (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), if the Secretary finds that good cause exists for the waiver or alternative requirement and such waiver or alternative requirement would not be inconsistent with the overall purpose of title I of the Housing and Community Development Act of 1974 , including for the purposes of addressing the impact of coronavirus: Provided further, That any such waiver or alternative requirement shall not take effect before the expiration of the 5-day period that begins on the date on which the Secretary notifies the public through the Federal Register or other appropriate means, including by means of the Internet at the appropriate Government web site or through other electronic media, as determined by the Secretary: Provided further, That of the amounts made available under this heading, up to $10,000,000 shall be made available for capacity building and technical assistance to support the use of such amounts to expedite or facilitate infectious disease response: Provided further, That, notwithstanding sections 104(a)(2), (a)(3), and (c) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(a)(2), (a)(3), and (c)) and section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705), a grantee may not be required to amend its statement of activities in order to engage in activities to prevent, prepare, and respond to coronavirus or the economic and housing disruption caused by such virus, but shall make public a report within 180 days of the end of the crisis which fully accounts for those activities: Provided further, That a grantee may not be required to hold in-person public hearings in connection with citizen participation plan, but shall provide citizens with notice and a reasonable opportunity to comment of no less than 15 days: Provided further, That such procedures shall apply to grants from amounts made available under this heading and for fiscal years 2019 and 2020: Provided further, That, during the period that national or local health authorities recommend social distancing and limiting public gatherings for public health reasons, a grantee may carry out virtual public hearings to fulfill applicable public hearing requirements for all grants from funds made available under this heading in this and prior Acts: Provided further, That any such virtual hearings shall provide reasonable notification and access for citizens in accordance with the grantee’s certifications, timely responses from local officials to all citizen questions and issues, and public access to all questions and responses: Provided further, That, notwithstanding subsection 105(a)(8) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(8)), there shall be no percent limitation for the use of funds for public services activities to prevent, prepare, and respond to coronavirus or the economic and housing disruption caused by it: Provided further, That the preceding proviso shall apply to all such activities carried out with grants of funds made available under this heading and for fiscal years 2019 and 2020: Provided further, That the Secretary shall ensure there are adequate procedures in place to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155) and act in accordance with section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115–254; 132 Stat. 3442) and section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5115): Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

homeless assistance grants

For an additional amount for “Homeless Assistance Grants”, $5,000,000,000, to remain available until September 30, 2022, for the Emergency Solutions Grants program as authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.), as amended, to prevent, prepare for, and respond to coronavirus among individuals and families who are homeless, receiving homeless assistance, or at risk of homelessness and to support additional homeless assistance and homelessness prevention activities to mitigate the impacts created by coronavirus: Provided, That up to $1,500,000,000 of the amount appropriated under this heading in this Act shall be distributed pursuant to 24 CFR 576.3 to grantees that received allocations pursuant to that same formula in fiscal year 2020, and that such allocations shall be made within 30 days of enactment of this Act: Provided further, That, in addition to amounts allocated in the preceding proviso, an additional $1,500,000,000 shall be allocated directly to a State or unit of general local government by a formula to be developed by the Secretary and that such allocations shall be made within 45 days of enactment of this Act: Provided further, That such formula shall allocate such amounts for the benefit of unsheltered homeless, sheltered homeless, and those at risk of homelessness to geographical areas with the greatest need based on the risk of increasing transmission of coronavirus, rising rates of sheltered and unsheltered homelessness, and disruptions to economic and housing markets and other factors, as determined by the Secretary: Provided further, That not less than every 60 days thereafter, the Secretary shall allocate a minimum of an additional $500,000,000: Provided further, That amounts in the preceding proviso shall be allocated by a formula to be developed by the Secretary which takes into consideration the factors contained in the third proviso under this heading, in addition to the best available data on the number of coronavirus cases and disruptions in economic and housing markets, and other factors as determined by the Secretary: Provided further, That such amounts may be used to reimburse allowable costs consistent with the purposes of this heading incurred by a State or locality regardless of the date on which such costs were incurred: Provided further, That individuals and families who are very low-income (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)) shall be considered “at risk of homelessness” and eligible for homelessness prevention assistance if they meet the criteria in subparagraphs (B) and (C) of section 401(1) of the McKinney-Vento Homeless Act (42 U.S.C. 11360(1)(B) and (C)): Provided further, That any individuals and families who are low-income (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)) shall be eligible for rental assistance: Provided further, That recipients may deviate from applicable procurement standards when procuring goods and services consistent with the purposes of this heading: Provided further, That a recipient may use up to 10 percent of its allocation for administrative purposes: Provided further, That the use of such amounts shall not be subject to the consultation, citizen participation, or match requirements that otherwise apply to the Emergency Solutions Grants program, except that a recipient must publish how it has and will utilize its allocation at a minimum on the Internet at the appropriate Government web site or through other electronic media: Provided further, That the spending cap established pursuant to section 415(b) of the McKinney-Vento Homeless Act (42 U.S.C. 11374) shall not apply to such amounts: Provided further, That such amounts may be used to provide temporary emergency shelters (through leasing of existing property, temporary structures, or other means) for the purposes described under this heading, and that such temporary emergency shelters shall not be subject to the minimum periods of use required by section 416(c)(1) of such Act (42 U.S.C. 11375(c)(1)): Provided further, That Federal habitability and environmental review standards and requirements shall not apply to the use of such amounts for those temporary emergency shelters that have been determined by Federal, State, or local health officials to be necessary to prevent and mitigate the spread of coronavirus: Provided further, That such amounts may be used for training on infectious disease prevention and mitigation and to provide hazard pay, including for time worked prior to enactment of this Act, for staff working directly to prevent and mitigate the spread of coronavirus among persons who are homeless or at risk of homelessness, and that such activities shall not be considered administrative costs for purposes of the 10 percent cap: Provided further, That in administering the amounts made available under this heading in this Act, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation (except for any requirements related to fair housing, nondiscrimination, labor standards, and the environment) that the Secretary administers in connection with the obligation or use by the recipient of these amounts, if the Secretary finds that good cause exists for the waiver or alternative requirement and such waiver or alternative requirement is consistent with the purposes described under this heading: Provided further, That any such waivers shall be deemed to be effective as of the date a State or unit of local government began preparing for coronavirus and shall apply to the use of amounts provided under this heading and amounts provided under the same heading in fiscal year 2020 used by recipients for the purposes described under this heading: Provided further, That the Secretary shall notify the public through the Federal Register or other appropriate means, 5 days before the effective date, of any such waiver or alternative requirement, and that such public notice may be provided on the Internet at the appropriate Government web site or through other electronic media, as determined by the Secretary: Provided further, That up to 1 percent of amounts made available under this heading in this Act may be used to increase prior awards made to existing technical assistance providers with experience in providing health care services in order to provide an immediate increase in capacity building and technical assistance to recipients of the Emergency Solutions Grants program under this heading and under the same heading in fiscal years 2018, 2019 and 2020: Provided further, That none of the funds provided under this heading may be used to require people experiencing homelessness to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

emergency rental assistance

For and additional amount for “Emergency Rental Assistance”, as authorized in section 104 of title I of division I of the Take Responsibility for Workers and Families Act, $100,000,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

housing assistance fund

For an additional amount for the “Housing Assistance Fund”, as authorized in section 107 of title I of division I of the Take Responsibility for Workers and Families Act, $35,000,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Housing Programs

assisted housing stability

For an additional amount for assistance to owners or sponsors of properties receiving project-based assistance pursuant to section 202 of the Housing Act of 1959 (12 U.S.C. 17012), section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), or section 8 of the United States Housing Act of 1937, as amended, (42 U.S.C. 1437f), $1,100,000,000, to remain available until expended, unless otherwise specified: Provided, That such amounts shall be used to prevent, prepare for, and respond to coronavirus: Provided further, That of the amounts made available under this heading in this Act:

(1) $1,000,000,000 shall be for “Project-Based Rental Assistance” to supplement funds already available for expiring or terminating section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for amendments to section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for contracts entered into pursuant to section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for renewal of section 8 contracts for units in projects that are subject to approved plans of action under the Emergency Low Income Housing Preservation Act of 1987 or the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for administrative and other expenses associated with project-based activities and assistance funded under this paragraph;

(2) $75,000,000, to remain available until September 30, 2022, shall be for “Housing for the Elderly” to supplement funds already available for project rental assistance for the elderly under section 202(c)(2) of such Housing Act of 1959, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, for senior preservation rental assistance contracts, including renewals, as authorized by section 811(e) of the American Housing and Economic Opportunity Act of 2000, as amended, and for supportive services associated with the housing for the elderly as authorized by such section 202: Provided further, That funds made available under this paragraph shall be used to provide emergency assistance for continuation of contracts for project rental assistance and amendment to such contracts, supportive services, existing service coordinators, one-time grants to hire additional service coordinators, other staffing, rent supports, and emergency preparedness relating to coronavirus; and

(3) $25,000,000, to remain available until September 30, 2023, shall be for “Housing for Persons with Disabilities” to supplement funds already available for project rental assistance for supportive housing for persons with disabilities under section 811(d)(2) of such Cranston-Gonzalez National Affordable Housing Act, for project assistance contracts pursuant to section 202(h) of the Housing Act of 1959 (Public Law 86–372; 73 Stat. 667), including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, for project rental assistance to State housing finance agencies and other appropriate entities as authorized under section 811(b)(3) of the Cranston-Gonzalez National Housing Act, and for supportive services associated with the housing for persons with disabilities as authorized by section 811(b)(1) of such Act:

Provided further, That for the purposes of addressing the impact of coronavirus, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the use of amounts made available under this heading in this Act (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) upon a finding by the Secretary that any such waivers or alternative requirements are necessary to expedite or facilitate the use of such amounts: Provided further, That the Secretary shall notify the public through the Federal Register or other appropriate means of any such waiver or alternative requirement in order for such waiver or alternative requirement to take effect, and that such public notice may be provided at minimum on the Internet at the appropriate Government web site or through other electronic media, as determined by the Secretary: Provided further, That up to 1 percent of the amounts provided under paragraphs (1), (2) and (3) may be used to make new awards or increase prior awards made to existing technical assistance providers, without competition, to provide an immediate increase in capacity building and technical assistance available to recipients of amounts identified in the preceding proviso, to remain available until September 30, 2024: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Fair Housing And Equal Opportunity

fair housing activities

For an additional amount for “Fair Housing Activities”, $7,000,000, to remain available until September 30, 2021, for contracts, grants, and other assistance, as authorized by title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and section 561 of the Housing and Community Development Act of 1987, to prevent, prepare for, and respond to coronavirus, of which $4,000,000 shall be for the Fair Housing Assistance Program Partnership for Special Enforcement grants to address fair housing issues relating to coronavirus, and $3,000,000 shall be for the Fair Housing Initiatives Program for education and outreach activities under such section 561 to educate the public about fair housing issues related to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Office Of Inspector General

For an additional amount for “Office of Inspector General”, $5,000,000, to remain available until September 30, 2021: Provided, That the amount made available under this heading in this Act shall be for necessary salaries and expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978 and to conduct audits and investigations of activities carried out with amounts made available in this Act to the Department of Housing and Urban Development to prevent, prepare for, and respond to coronavirus: Provided further, That the Inspector General shall have independent authority over all personnel issues within this office: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Sec. 13101. Not later than 30 days after the date of enactment of this Act, the head of each executive agency that receives funding in this Act, or that received funding in the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (division A of Public Law 116–123) or the Second Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (division A of Public Law 116–127), shall provide a report detailing the anticipated uses of all such funding to the Committees on Appropriations of the House of Representatives and the Senate: Provided, That each report shall include estimated personnel and administrative costs, as well as the total amount of funding apportioned, allotted, obligated, and expended, to date: Provided further, That each such report shall be updated and submitted to such Committees every 60 days until all funds are expended or expire: Provided further, That reports submitted pursuant to this section shall satisfy the requirements of section 1701 of division A of Public Law 116–127.

Sec. 13102. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved.

Sec. 13103. In this Act, the term “coronavirus” means SARS–CoV–2 or another coronavirus with pandemic potential.

Sec. 13104. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

Sec. 13105. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2020.

Sec. 13106. Each amount designated in this Act by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.

Sec. 13107. Any amount appropriated by this Act, designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and subsequently so designated by the President, and transferred pursuant to transfer authorities provided by this Act shall retain such designation.

Sec. 13108. Notwithstanding any other provision of law, and subject to the availability of appropriations, funds made available by this Act or any other Act may be used to modify the terms and conditions of a contract, or other agreement, without consideration, to authorize a federal agency to reimburse at contract billing rates not to exceed an average of 40 hours per week any contractor paid leave, including sick leave, the contractor provides to its employees to ensure the effective response to the declared national emergency for the coronavirus pandemic event. Such authority shall apply only to a contractor whose employees cannot perform work on a federally owned or leased facility or site due to Federal Government directed closures or other restrictions, and who cannot telework because their job duties cannot be performed remotely during the declared national emergency for the coronavirus pandemic event. This authority also shall apply to subcontractors. The amounts made available by this section are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

This division may be cited as the “Third Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020” .

SEC. 20001. References.

Except as otherwise expressly provided, whenever in this division an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), as amended by the Emergency Family and Medical Leave Expansion Act (Public Law 116–127).

SEC. 20002. Employer clarification.

Section 101(4) is amended by adding at the end the following:

“(C) CLARIFICATION.—Subparagraph (A)(i) shall not apply with respect to a public agency described in subparagraph (A)(iii).”.

SEC. 20003. Emergency leave extension.

Section 102(a)(1)(F) is amended by striking “December 31, 2020” and inserting “December 31, 2021”.

SEC. 20004. Emergency leave definitions.

(a) Eligible employee.—Section 110(a)(1) is amended in subparagraph (A), by striking “sections 101(2)(A) and 101(2)(B)(ii)” and inserting “section 101(2)”.

(b) Employer threshold.—Section 110(a)(1)(B) is amended by striking “fewer than 500 employees” and inserting “1 or more employees”.

(c) Parent.—Section 110(a)(1) is amended by adding at the end the following:

“(C) PARENT.—In lieu of the definition in section 101(7), the term ‘parent’, with respect to an employee, means any of the following:

“(i) A biological, foster, or adoptive parent of the employee.

“(ii) A stepparent of the employee.

“(iii) A parent-in-law of the employee.

“(iv) A parent of a domestic partner of the employee.

“(v) A legal guardian or other person who stood in loco parentis to an employee when the employee was a child.”.

(d) Qualifying need related to a public health emergency.—Section 110(a)(2)(A) is amended to read as follows:

“(A) QUALIFYING NEED RELATED TO A PUBLIC HEALTH EMERGENCY.—The term ‘qualifying need related to a public health emergency’, with respect to leave, means that the employee is unable to perform the functions of the position of such employee due to a need for leave for any of the following:

“(i) To comply with a recommendation or order by a public official having jurisdiction or a health care provider on the basis that the physical presence of the employee on the job would jeopardize the health of others because of—

“(I) the exposure of the employee to COVID–19; or

“(II) exhibition of symptoms of COVID–19 by the employee.

“(ii) To care for a family member of an eligible employee with respect to whom a public official having jurisdiction or a health care provider makes a determination that the presence of such family member in the community would jeopardize the health of other individuals in the community because of—

“(I) the exposure of the family member to COVID–19; or

“(II) exhibition of symptoms of COVID–19 by the family member.

“(iii) To care for the son or daughter of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency.

“(iv) To care for a family member who meets criteria of 101(12)(B) or is a senior citizen, if the place of care for such family member is closed, or the direct care provider is unavailable, due to a public health emergency.”.

(e) Family member.—Section 110(a)(2) is amended by adding at the end the following:

“(E) FAMILY MEMBER.—The term ‘family member’, with respect to an employee, means any of the following:

“(i) A parent of the employee.

“(ii) A spouse of the employee.

“(iii) A sibling of the employee.

“(iv) Next of kin of the employee or a person for whom the employee is next of kin.

“(v) A son or daughter of the employee.

“(vi) A grandparent or grandchild of the employee.

“(vii) An domestic partner of the employee.

“(F) DOMESTIC PARTNER.—

“(i) IN GENERAL.—The term ‘domestic partner’, with respect to an individual, means another individual with whom the individual is in a committed relationship.

“(ii) COMMITTED RELATIONSHIP DEFINED.—The term ‘committed relationship’ means a relationship between 2 individuals, each at least 18 years of age, in which each individual is the other individual’s sole domestic partner and both individuals share responsibility for a significant measure of each other’s common welfare. The term includes any such relationship between 2 individuals that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership.”.

SEC. 20005. Regulatory authorities.

(a) In general.—Section 110(a) is amended by striking paragraph (3).

(b) Force or effect of regulations.—Any regulation issued under section 110(a)(3), as in effect on the day before the date of the enactment of this Act, shall have no force or effect.

SEC. 20006. Relationship to paid leave.

Section 110(b) is amended—

(1) in paragraph (1)—

(A) in the header, by striking “10 days” and inserting “2 workweeks”;

(B) in subparagraph (A), by striking “10 days” and inserting “2 workweeks”;

(C) in subparagraph (B), by inserting, “, including leave provided under section 5102 of the Emergency Paid Sick Leave Act (Public Law 116–127),” after “medical or sick leave”; and

(D) by inserting at the end the following:

“(C) EMPLOYER REQUIREMENT.—An employer may not require an employee to substitute any leave described in subparagraph (B) for leave under section 102(a)(1)(F).

“(D) RELATIONSHIP TO OTHER FAMILY AND MEDICAL LEAVE.—Leave taken under subparagraph (F) of section 102(a)(1) shall not count towards the 12 weeks of leave to which an employee is entitled under subparagraphs (A) through (E) of such section.”; and

(2) in paragraph (2)(A), by striking “10 days” and inserting “2 workweeks”.

SEC. 20007. Wage rate.

Section 110(b)(2)(B)(I) is amended to read as follows:

“(I) an amount that is not less than the greater of—

“(aa) the minimum wage rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1));

“(bb) the minimum wage rate in effect for such employee in the applicable State or locality, whichever is greater, in which the employee is employed; or

“(cc) two thirds of an employee’s regular rate of pay (as determined under section 7(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(e)); and”.

SEC. 20008. Notice.

Section 110(c) is amended by inserting “or subsection (a)(2)(A)(iv)” after “for the purpose described in subsection (a)(2)(A)(iii)”.

SEC. 20009. Amendments to the Emergency Family and Medical Leave Expansion Act.

The Emergency Family and Medical Leave Expansion Act (Public Law 116–127) is amended—

(1) in section 3103(b), by striking “Employees” and inserting, “Notwithstanding section 102(a)(1)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(A)), employees”; and

(2) by striking sections 3104 and 3105.

SEC. 30001. References.

Except as otherwise expressly provided, whenever in this division an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of division E of the Families First Coronavirus Response Act (Public Law 116–127).

SEC. 30002. Paid sick time requirement.

(a) Uses.—Section 5102(a) is amended to read as follows:

“(a) In general.—An employer shall provide to each employee employed by the employer paid sick time for any of the following uses:

“(1) To self-isolate because the employee is diagnosed with COVID–19.

“(2) To obtain a medical diagnosis or care if such employee is experiencing the symptoms of COVID–19.

“(3) To comply with a recommendation or order by a public official with jurisdiction or a health care provider on the basis that the physical presence of the employee on the job would jeopardize the health of others because of—

“(A) the exposure of the employee to COVID–19; or

“(B) exhibition of symptoms of COVID–19 by the employee; or

“(4) To care for or assist a family member of the employee—

“(A) who—

“(i) is self-isolating because such family member has been diagnosed with COVID–19; or

“(ii) is experiencing symptoms of COVID–19 and needs to obtain medical diagnosis or care.

“(B) with respect to whom a public official with jurisdiction or a health care provider makes a determination that the presence of the family member in the community would jeopardize the health of other individuals in the community because of—

“(i) the exposure of such family member to the COVID–19; or

“(ii) exhibition of symptoms of COVID–19 by such family member.

“(5) To care for the son or daughter of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to COVID–19.”.

(b) Employers with existing policies.—Section 5102 by adding at the end the following:

“(f) Employers with existing policies.—With respect to an employer that provides paid leave on the day before the date of enactment of this Act—

“(1) the paid sick time under this Act shall be made available to employees of the employer in addition to such paid leave; and

“(2) the employer may not change such paid leave on or after such date of enactment to avoid being subject to paragraph (1).”.

SEC. 30003. Prohibited acts.

Section 5104(1) is amended by striking “and” at the end and inserting “or”.

SEC. 30004. Sunset.

Section 5109 is amended by striking “December 31, 2020” and inserting “December 31, 2021”.

SEC. 30005. Definitions.

(a) Employee.—Section 5110(1)(A)(i) is amended—

(1) by striking “terms” and inserting “term”; and

(2) by striking “paragraph (5)(A)” and inserting “paragraph (2)(A)”.

(b) Employer.—Section 5110(2)(B) is amended—

(1) by striking “terms” and inserting “term”;

(2) by amending subclause (I) of clause (i) to read as follows:

“(I) means any person engaged in commerce or in any industry or activity affecting commerce that employs 1 or more employees;”; and

(3) by amending clause (ii) to read as follows:

“(ii) PUBLIC AGENCY AND NON-PROFIT ORGANIZATIONS.—For purposes of clause (i)(III) and (i)(I), a public agency and a nonprofit organization shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce.”.

(c) FMLA terms.—Section 5110(4) is amended to read as follows:

“(4) FMLA TERMS.—The terms ‘health care provider’, ‘next of kin’, ‘son or daughter’, and ‘spouse’ have the meanings given such terms in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).”.

(d) Paid sick time.—Section 5110(5) is amended—

(1) in subparagraph (A)—

(A) in clause (i), by striking “section 2(a)” and inserting “section 5102(a)”; and

(B) in clause (ii), by striking “exceed” and all that follows and inserting “exceed $511 per day and $5,110 in the aggregate.”;

(2) in subparagraph (B)—

(A) by striking the following:

“(B) REQUIRED COMPENSATION.—

“(i) IN GENERAL.—Subject to subparagraph (A)(ii),”; and inserting the following:

“(B) REQUIRED COMPENSATION.—Subject to subparagraph (A)(ii),”; and

(B) by striking clause (ii); and

(3) in subparagraph (C), by striking “ section 2(a)” and inserting “section 5102(a)”.

(a) Additional definitions.—Section 5110 is amended by adding at the end the following:

“(6) DOMESTIC PARTNER.—

“(A) IN GENERAL.—The term ‘domestic partner’, with respect to an individual, means another individual with whom the individual is in a committed relationship.

“(B) COMMITTED RELATIONSHIP DEFINED.—The term ‘committed relationship’ means a relationship between 2 individuals, each at least 18 years of age, in which each individual is the other individual’s sole domestic partner and both individuals share responsibility for a significant measure of each other’s common welfare. The term includes any such relationship between 2 individuals that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership.

“(7) FAMILY MEMBER.—The term ‘family member’, with respect to an employee, means any of the following:

“(A) A parent of the employee.

“(B) A spouse of the employee.

“(C) A son or daughter of the employee.

“(D) A sibling of the employee.

“(E) A next of kin of the employee or a person for whom the employee is next of kin.

“(F) A grandparent or grandchild of the employee.

“(G) A domestic partner of the employee.

“(8) FFCRA TERMS.—The terms ‘child care provider’ and ‘school’ have the meanings given such terms in section 110(a)(2) of the Family and Medical and Leave Act of 1993.

“(9) PARENT.—The term ‘parent’, with respect to an employee, means any of the following:

“(A) A biological, foster, or adoptive parent of the employee.

“(B) A stepparent of the employee.

“(C) A parent-in-law of the employee.

“(D) A parent of a domestic partner of the employee.

“(E) A legal guardian or other person who stood in loco parentis to an employee when the employee was a child.”.

SEC. 30006. Regulatory authorities.

(a) In general.—Division E is amended by striking section 5111.

(b) Force or effect of regulations.—Any regulation issued under section 5111 of division E of the Families First Coronavirus Response Act (Public Law 116–127), as in effect on the day before the date of the enactment of this Act, shall have no force or effect.

SEC. 40001. Short title.

This division may be cited as the “COVID–19 Workers First Protection Act of 2020”.

SEC. 40002. Emergency temporary and permanent standards.

(a) Emergency temporary standard.—

(1) IN GENERAL.—In consideration of the grave risk presented by COVID–19 and the need to strengthen protections for employees, pursuant to section 6(c)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(c)(1)) and notwithstanding the provisions of law and the Executive Order listed in paragraph (7), not later than 7 days after the date of enactment of this Act, the Secretary of Labor shall, in consultation with the Director of the Centers for Disease Control and Prevention, the Director of the National Institute for Occupational Safety and Health, the Commissioner of the Food and Drug Administration, and the persons described in paragraph (2), promulgate an emergency temporary standard to protect from occupational exposure to SARS–CoV–2—

(A) employees of health care sector employers;

(B) employees of employers in the paramedic and emergency medical services, including such services provided by firefighters and other emergency responders; and

(C) employees in other sectors and occupations whom the Centers for Disease Control and Prevention or the Occupational Safety and Health Administration identifies as having elevated risk.

(2) CONSULTATION.—In developing the standard under this subsection, the Secretary shall consult with professional associations and representatives of the employees in the occupations and sectors described in subparagraphs (A) through (C) of paragraph (1) and the employers of such employees.

(3) ENFORCEMENT DISCRETION.—If the Secretary of Labor determines it is not feasible for an employer to comply with a requirement of the standard promulgated under this subsection (such as a shortage of the necessary personal protective equipment), the Secretary may exercise discretion in the enforcement of such requirement if the employer demonstrates that the employer—

(A) is exercising due diligence to come into compliance with such requirement; and

(B) is implementing alternative methods and measures to protect employees.

(4) EXTENSION OF STANDARD.—Notwithstanding paragraphs (2) and (3) of section 6(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(c)), the emergency temporary standard promulgated under this subsection shall be in effect until the date on which the final standard promulgated under subsection (b) is in effect.

(5) STATE PLAN ADOPTION.—With respect to a State with a State plan that has been approved by the Secretary of Labor under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667), not later than 14 days after the date of enactment of this Act, such State shall promulgate an emergency temporary standard that is at least as effective in protecting from occupational exposure to SARS–CoV–2 the employees in the occupations and sectors described in subparagraphs (A) through (C) of paragraph (1) as the emergency temporary standard promulgated under this subsection.

(6) EMPLOYER DEFINED.—For purposes of the standard promulgated under this subsection, the term “employer” under section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652) includes any State or political subdivision of a State, except for those already subject to the jurisdiction of a State plan approved under Section 18(b) of the Occupational Safety and Health Act of 1970.

(7) INAPPLICABLE PROVISIONS OF LAW AND EXECUTIVE ORDER.—The requirements of chapter 6 of title V, United States Code (commonly referred to as the “Regulatory Flexibility Act”), subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the “Paperwork Reduction Act”), and Executive Order 12866 (58 Fed. Reg. 190; relating to regulatory planning and review), as amended, shall not apply to the standard promulgated under this subsection.

(b) Permanent standard.—Not later than 24 months after the date of enactment of this Act, the Secretary of Labor shall promulgate a final standard—

(1) to protect employees from occupational exposure to infectious pathogens, including novel pathogens; and

(2) that shall be effective and enforceable in the same manner and to the same extent as a standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)).

(c) Requirements.—Each standard promulgated under this section shall—

(1) require the employers of the employees in the occupations and sectors described in subparagraphs (A) through (C) of subsection (a)(1) to develop and implement a comprehensive infectious disease exposure control plan;

(2) provide no less protection for novel pathogens than precautions mandated by standards adopted by a State plan that has been approved by the Secretary of Labor under section 18 of the Occupational Safety and Health Act of 1970 (296 U.S.C. 667); and

(3) incorporate, as appropriate—

(A) guidelines issued by the Centers for Disease Control and Prevention, and the National Institute for Occupational Safety and Health, which are designed to prevent the transmission of infectious agents in healthcare settings; and

(B) relevant scientific research on novel pathogens.

SEC. 40003. Surveillance, tracking, and investigation of work-related cases of COVID–19 among health care workers.

The Director of the Centers for Disease Control and Prevention, in conjunction with the Director of the National Institute for Occupational Safety and Health, shall—

(1) collect and analyze case reports and other data on COVID–19, to identify and evaluate the extent, nature, and source of COVID–19 among employees in the occupations and sectors described in subparagraphs (A) through (C) of section 2(a)(1);

(2) investigate, as appropriate, individual cases of COVID–19 among such employees to evaluate the source of exposure and adequacy of infection and exposure control programs and measures;

(3) provide regular periodic reports on COVID–19 disease among such employees to the public; and

(4) based on such reports and investigations make recommendations on needed actions or guidance to protect such employees from COVID–19.

SEC. 50001. Short title.

(a) Short title.—This Act may be cited as the “Workforce Emergency Response Act of 2020”.

SEC. 50002. Definitions.

In this Act:

(1) CORONAVIRUS.—The term “coronavirus” means coronavirus as defined in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123).

(2) COVID–19 NATIONAL EMERGENCY.—The term “COVID–19 national emergency” means the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020, with respect to the coronavirus.

(3) SECRETARY.—The term “Secretary” means the Secretary of Labor.

(4) WIOA TERMS.—Except as otherwise provided, the terms in this Act have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

SEC. 50003. Workforce response activities.

(a) In general.—The purpose of this section is to provide the increased flexibility needed for State and local areas to provide continuity of services during the COVID–19 national emergency.

(b) Administrative costs.—Notwithstanding section 128(b)(4) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3163(b)(4)), of the funds allocated to a local area, including a single State local area, under subtitle B of title I of such Act (29 U.S.C. 3151 et seq.) that remain unobligated for program year 2019, an amount up to 20 percent may be used for the administrative costs of carrying out local workforce investment activities under chapter 2 or chapter 3 of subtitle B of title I of such Act (29 U.S.C. 3151 et seq.), as long as any amount used under this subsection that exceeds the amount authorized for administrative costs under section 128(b)(4)(A) of such Act (29 U.S.C. 3163(b)(4)) is used to respond to the COVID–19 national emergency.

(c) Rapid response activities.—

(1) STATEWIDE RAPID RESPONSE.—Of the reserved by a Governor under section 128(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3163(a)) for statewide activities that remain unobligated for program year 2019, such funds may be used for the statewide rapid response activities described in section 134(a)(2)(A) of such Act (29 U.S.C. 3174(a)(2)(A)) for responding to the COVID–19 national emergency.

(2) LOCAL BOARDS.—Of the funds reserved by a Governor under section 133(a)(2) of such Act (29 U.S.C. 3173(a)(2)) that remain unobligated for program year 2019, such funds may be distributed by the Governor not later than 30 days after the date of enactment of this Act to local boards most impacted by the coronavirus, at the determination of the Governor, for rapid response activities related to responding to the COVID–19 national emergency.

SEC. 60001. Continued safe operation of child welfare programs and support for older foster youth.

(a) Funding increases.—

(1) GENERAL PROGRAM.—The dollar amount specified in section 477(h)(1) of the Social Security Act for fiscal year 2020 is deemed to be $185,900,000.

(2) EDUCATION AND TRAINING VOUCHERS.—The dollar amount specified in section 477(h)(2) of such Act for fiscal year 2020 is deemed to be $78,000,000.

(b) Programmatic flexibility.—With respect to the period that begins on March 1, 2020, and ends with the close of calendar year 2020:

(1) ELIMINATION OF AGE LIMITATIONS ON ELIGIBILITY FOR ASSISTANCE.—Eligibility for services or assistance under a State program operated pursuant to section 477 of the Social Security Act shall be provided without regard to the age of the recipient.

(2) SUSPENSION OF WORK AND EDUCATION REQUIREMENTS UNDER THE EDUCATION AND TRAINING VOUCHER PROGRAM.—Section 477(i)(3) of the Social Security Act shall be applied and administered without regard to any work or education requirement.

(3) AUTHORITY TO WAIVE LIMITATION ON PERCENTAGE OF FUNDS USED FOR HOUSING ASSISTANCE.—The Secretary of Health and Human Services (in this subsection referred to as the “Secretary”) may apply and administer section 477 of the Social Security Act without regard to subsection (b)(3)(B) of such section.

(4) AUTHORITY TO WAIVE RULES CONFLICTING WITH NEEDED ASSISTANCE AND SERVICES.—The Secretary may waive any requirement imposed by or under part B or E of title IV of the Social Security Act (including any limitation on the ability of contractors pursuant to such part B or E to apply for no-cost contract extensions) that the Secretary deems to be in conflict with using funds made available pursuant to this section or other statutes for the provision of financial, education, work, housing, and other assistance and services needed in response to the public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act on January 31, 2020, entitled “Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus”.

(5) AUTHORITY OF STATES TO DETERMINE HOW DAILY ACTIVITIES MAY BE CONDUCTED REMOTELY.—The Secretary may allow a State to determine how daily activities under the State plan developed under part B of title IV of the Social Security Act and the State program funded under section 477 of such Act may be conducted through electronic means to comply with public health guidelines relating to social distancing, including conducting any required court proceedings pertaining to children in care. In making any such determination, the State shall work to ensure that the safety and health of each child in care remains paramount.

(6) COUNTING OF REMOTE CASEWORKER VISITS AS IN-PERSON VISITS.—In the case of a foster child who has attained 18 years of age and with respect to whom foster care maintenance payments are being made under a State plan approved under part E of title IV of the Social Security Act, caseworker contact with the child that includes visual and auditory contact and which is conducted solely by electronic means is deemed an in-person visit to the child by the caseworker for purposes of section 424(f)(1)(A) of such Act if the child is visited by the caseworker in person not less than once every 6 months while in such care.

(7) ELIMINATION OF EDUCATION AND EMPLOYMENT REQUIREMENTS FOR CERTAIN FOSTER YOUTH.—The Secretary may waive the applicability of subclauses (I) through (IV) of section 475(8)(B)(iv) of the Social Security Act.

(c) State defined.—In subsection (a), the term “State” has the meaning given the term in section 1101(a) of the Social Security Act for purposes of title IV of the Social Security Act, and includes an Indian tribe, tribal organization, or tribal consortium with an application and plan approved under this section 477(j) of such Act for fiscal year 2020.

SEC. 60002. Allowing home visiting programs to continue serving families safely.

(a) In general.—For purposes of section 511 of the Social Security Act, during the period that begins on February 1, 2020, and ends with the close of calendar year 2020—

(1) a virtual home visit shall be considered a home visit;

(2) funding for, and staffing levels of, a program conducted pursuant to such section shall not be reduced on account of reduced enrollment in the program; and

(3) funds provided for such a program may be used—

(A) to train home visitors in conducting a virtual home visit and in emergency preparedness and response planning for families served;

(B) for the acquisition by families enrolled in the program of such technological means as are needed to conduct and support a virtual home visit; and

(C) to provide emergency supplies (such as diapers, formula, non-perishable food, water, hand soap and hand sanitizer) to families served.

(b) Virtual home visit defined.—In subsection (a), the term “virtual home visit” means a visit that is conducted solely by electronic means.

(c) Authority to delay deadlines.—

(1) IN GENERAL.—The Secretary of Health and Human Services may extend the deadline by which a requirement of section 511 of the Social Security Act must be met, by such period of time as the Secretary deems appropriate.

(2) GUIDANCE.—The Secretary shall provide to eligible entities funded under section 511 of the Social Security Act information on the parameters used in extending a deadline under paragraph (1) of this subsection.

SEC. 60003. Emergency flexibility for child support programs.

(a) In general.—With respect to the period that begins on March 1, 2020, and ends with the close of calendar year 2021:

(1) The Secretary of Health and Human Services (in this subsection referred to as the “Secretary”) may increase any percentage in effect for purposes of section 455(a)(1) of the Social Security Act to not more than 100 percent.

(2) On application of an Indian tribe therefor, the Secretary may waive any matching funds requirement imposed on the tribe under section 455(f) of such Act.

(3) Paragraphs (2) and (8) of section 409(a) of such Act shall have no force or effect.

(4) The Secretary may exempt a State from any requirement of section 466 of such Act.

(5) The Secretary may not impose a penalty or take any other adverse action against a State pursuant to section 452(g)(1) of such Act for failure to achieve a paternity establishment percentage of less than 90 percent.

(6) The Secretary may not find that the paternity establishment percentage for a State is not based on reliable data for purposes of section 452(g)(1) of such Act, and the Secretary may not determine that the data which a State submitted pursuant to section 452(a)(4)(C)(i) of such Act and which is used in determining a performance level is not complete or reliable for purposes of section 458(b)(5)(B) of such Act, on the basis of the failure of the State to submit OCSE Form 396 or 34 in a timely manner.

(7) The Secretary may not impose a penalty or take any other adverse action against a State for failure to comply with section 454A(g)(1)(A)(i) of such Act.

(8) The Secretary may not disapprove a State plan submitted pursuant to part D of title IV of such Act for failure of the plan to meet the requirement of section 454(1) of such Act, and may not impose a penalty or take any other adverse action against a State with such a plan that meets that requirement for failure to comply with that requirement.

(9) To the extent that a preceding provision of this section applies with respect to a provision of law applicable to a program operated by an Indian tribe or tribal organization (as defined in subsections (e) and (l) of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)), that preceding provision shall apply with respect to the Indian tribe or tribal organization.

(b) State defined.—In subsection (a), the term “State” has the meaning given the term in section 1101(a) of the Social Security Act for purposes of title IV of such Act.

SEC. 60004. Emergency flexibility for State TANF programs.

(a) State programs.—Sections 407 and 408(a)(7) of the Social Security Act shall have no force or effect during the applicable period, and paragraphs (3), (9), (14), and (15) of section 409(a) of such Act shall not apply with respect to conduct engaged in during the period.

(b) Tribal programs.—The minimum work participation requirements and time limits established under section 412(c) of the Social Security Act shall have no force or effect during the applicable period, and the penalties established under such section shall not apply with respect to conduct engaged in during the period.

(c) Penalty for noncompliance.—

(1) IN GENERAL.—If the Secretary of Health and Human Services finds that a State or an Indian tribe has imposed a work requirement as a condition of receiving assistance, or a time limit on the provision of assistance, under a program funded under part A of title IV of the Social Security Act or any program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i) of such Act) during the applicable period, or has imposed a penalty for failure to comply with a work requirement during the period, the Secretary shall reduce the grant payable to the State under section 403(a)(1) of such Act or the grant payable to the tribe under section 412(a)(1) of such Act, as the case may be, for fiscal year 2021 by an amount equal to 5 percent of the State or tribal family assistance grant, as the case may be.

(2) APPLICABILITY OF CERTAIN PROVISIONS.—For purposes of subsections (c) and (d) of section 409 of the Social Security Act, paragraph (1) of this subsection shall be considered to be included in section 409(a) of such Act.

(d) Definitions.—In this section:

(1) APPLICABLE PERIOD.—The term “applicable period” means the period that begins on March 1, 2020, and ends with the close of calendar year 2020.

(2) WORK REQUIREMENT.—The term “work requirement” means a requirement to engage in a work activity (as defined in section 407(d) of the Social Security Act).

(3) OTHER TERMS.—Each other term has the meaning given the term in section 419 of the Social Security Act.

SEC. 70101. Increasing Federal support to State Medicaid programs during economic downturns.

(a) In general.—Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—

(1) in subsection (b), by striking “and (ff)” and inserting “(ff), and (gg)”; and

(2) by adding at the end the following new subsection:

“(gg) Increased FMAP during economic downturns.—

“(1) IN GENERAL.—Notwithstanding subsection (b), (y), or (z)(2), if a fiscal quarter that begins on or after January 1, 2020, is an economic downturn quarter (as defined in paragraph (2)) with respect to a State, then the Federal medical assistance percentage applicable to amounts expended by the State for medical assistance for services furnished during such quarter shall be increased in accordance with paragraphs (3) and (4).

“(2) ECONOMIC DOWNTURN QUARTER.—

“(A) IN GENERAL.—

“(i) IN GENERAL.—In this subsection, the term ‘economic downturn quarter’ means, with respect to a State, a fiscal quarter during which the State’s unemployment rate for the quarter exceeds the percentage determined for the State and quarter under clause (ii).

“(ii) THRESHOLD PERCENTAGE.—The percentage determined under this clause for a State and fiscal quarter is the percentage equal to the lower of—

“(I) the State unemployment rate at the 20th percentile of the distribution of the State’s quarterly unemployment rates for the 60-quarter period preceding the quarter involved, increased by 1 percentage point; and

“(II) the State’s average quarterly unemployment rate for the 12-quarter period preceding the quarter involved, increased by 1 percentage point.

“(B) UNEMPLOYMENT DATA.—

“(i) IN GENERAL.—Except as provided in clause (ii), for purposes of determining unemployment rates for a State and a quarter under this paragraph, the Secretary shall use data from the Local Area Unemployment Statistics from the Bureau of Labor Statistics.

“(ii) APPLICATION TO CERTAIN TERRITORIES.—In the case of the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa, the Secretary shall use data from the U–6 unemployment measure of the Bureau of Labor Statistics to make any necessary determinations under subparagraph (A).

“(3) FMAP INCREASE DURING ECONOMIC DOWNTURN QUARTER.—

“(A) IN GENERAL.—During a fiscal quarter that is an economic downturn quarter with respect to a State, the Federal medical assistance percentage otherwise determined for the State and quarter under subsection (b) and, if applicable, the Federal medical assistance percentage applicable under subsection (y), (z)(2), or (ff) with respect to medical assistance furnished by the State during such quarter to individuals described in either such subsection shall be increased by the number of percentage points (rounded to the nearest tenth of a percentage point) equal to the product of—

“(i) the number of percentage points (rounded to the nearest tenth of a percentage point) by which the unemployment rate for the State and quarter exceeds the percentage determined for the State and quarter under paragraph (2)(A)(ii); and

“(ii) 4.8.

“(B) APPLICATION OF COVID–19 FMAP INCREASE.—Any increase applicable to the Federal medical assistance percentage of a State for a fiscal quarter under subparagraph (A) shall be in addition to any increase to such percentage for such quarter made pursuant to section 6008(a) of the Families First Coronavirus Response Act.

“(C) LIMITATION.—In no case shall an increase to the Federal medical assistance percentage of a State under this paragraph result in a Federal medical assistance percentage that exceeds 95 percent.

“(D) SCOPE OF APPLICATION.—Any increase to the Federal medical assistance percentage of a State for a fiscal quarter under this paragraph shall only apply with respect to payments for amounts expended by the State for medical assistance for services furnished during such quarter and shall not apply with respect to—

“(i) disproportionate share hospital payments described in section 1923;

“(ii) payments under title IV or XXI;

“(iii) any payments under this title that are based on the enhanced FMAP described in section 2105(b); or

“(iv) any payments under this title that are based on a Federal medical assistance percentage determined for a State under subsection (aa) (but only to the extent that such Federal medical assistance percentage is higher than the economic recovery FMAP).

“(4) ADVANCE PAYMENT; RETROSPECTIVE ADJUSTMENT.—

“(A) IN GENERAL.—Prior to the beginning of each fiscal quarter that begins on or after July 1, 2020, the Secretary shall, with respect to each State—

“(i) determine the increase (if any) that is expected to apply to the Federal medical assistance percentage of such State for such quarter under this subsection based on the projections made for the State and quarter under subparagraph (B); and

“(ii) shall apply such increase to the Federal medical assistance percentage of the State for purposes of making payments to the State for amounts expended during such quarter as medical assistance under the State plan.

“(B) PROJECTION OF STATE UNEMPLOYMENT RATES.—Prior to the beginning of each fiscal quarter that begins on or after July 1, 2020, the Secretary, acting through the Chief Actuary of the Centers for Medicare & Medicaid Services, shall, using the most recently available data described in paragraph (2)(B), make projections with respect to—

“(i) the unemployment rates for each State for such quarter;

“(ii) the threshold percentages described in paragraph (2)(A)(ii) for each State for such quarter; and

“(iii) the national unemployment rate for such quarter.

“(C) RETROSPECTIVE ADJUSTMENT.—As soon as practicable after final unemployment data becomes available for a fiscal quarter that begins on or after July 1, 2020, the Secretary shall, with respect to each State—

“(i) make a final determination of the increase (if any) applicable to the Federal medical assistance percentage of the State for the quarter under this subsection; and

“(ii) in accordance with subsection (d)(2) of section 1903, reduce or increase the amount payable to the State under subsection (a) of such section for a subsequent fiscal quarter to the extent of any overpayment or underpayment which the Secretary determines was made as a result of a miscalculation of the increase applicable to the Federal medical assistance percentage of the State for such prior fiscal quarter under this subsection.

“(5) RETROSPECTIVE APPLICATION OF OVER-THE-LIMIT FMAP INCREASES.—

“(A) IN GENERAL.—If a State has excess percentage points with respect to an economic downturn quarter and an applicable FMAP (as determined under subparagraph (B)), the State may elect to apply such excess percentage points to increase such applicable FMAP for one or more quarters during the look-back period for the State and economic downturn quarter in accordance with this paragraph.

“(B) EXCESS PERCENTAGE POINTS.—For purposes of this paragraph, the number of excess percentage points for a State, economic downturn quarter, and an applicable FMAP shall be equal to the number of percentage points by which—

“(i) the applicable FMAP for the State and quarter (after application of paragraph (3) but without regard to subparagraph (C) of such paragraph); exceeds

“(ii) 95 percent.

“(C) EFFECT OF APPLICATION OF EXCESS PERCENTAGE POINTS.—If a State elects to apply excess percentage points to an applicable FMAP to a quarter during a look-back period under this paragraph, the Secretary shall determine the additional amount of payment under section 1903(a) to which the State would have been entitled for such quarter if the applicable FMAP (as so increased) had been in effect for such quarter, and shall treat such additional amount as an underpayment for such quarter.

“(D) DISTRIBUTION OF EXCESS PERCENTAGE POINTS.—A State that has excess percentage points with respect to an economic downturn quarter and applicable FMAP may elect to divide such points among more than 1 quarter during the look-back period for such State and quarter provided that no excess percentage point (or fraction of an excess percentage point) is applied to the applicable FMAP of more than 1 quarter.

“(E) LIMITATIONS.—

“(i) NO INCREASES OVER 100 PERCENT.—A State may not increase an applicable FMAP for any quarter during a look-back period under this paragraph if such increase would result in the applicable FMAP for such quarter exceeding 100 percent.

“(ii) SCOPE OF APPLICATION.—Any increase to an applicable FMAP of a State for a fiscal quarter under this paragraph—

“(I) shall only apply with respect to payments for amounts expended by the State for medical assistance for services furnished during such quarter to which such applicable FMAP is applicable; and

“(II) shall not apply with respect to payments described in paragraph (3)(D).

“(F) DEFINITIONS.—In this paragraph:

“(i) APPLICABLE FMAP.—The term ‘applicable FMAP’ means, with respect to a State and fiscal quarter—

“(I) the Federal medical assistance percentage determined for the State and quarter under subsection (b);

“(II) the Federal medical assistance percentage applicable under subsection (y);

“(III) the Federal medical assistance percentage applicable under subsection (z)(2); or

“(IV) the Federal medical assistance percentage determined for the State and quarter under subsection (ff).

“(ii) LOOK-BACK PERIOD.—The term ‘look-back period’ means, with respect to a State and a fiscal quarter that is an economic downturn quarter for the State, the period of 4 fiscal quarters that ends with the fourth quarter which precedes the most recent fiscal quarters that was not an economic downturn quarter for the State.

“(6) REQUIREMENT FOR ALL STATES.—A State may not receive an increase in the Federal medical assistance percentage for such State under this subsection, with respect to a fiscal quarter, if—

“(A) eligibility standards, methodologies, or procedures under the State plan or a waiver of such plan are more restrictive during such quarter than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on the last day of the most recent fiscal quarter that was not an economic downturn quarter for the State;

“(B) the amount of any premium imposed by the State pursuant to section 1916 or 1916A during such quarter, with respect to an individual enrolled under such plan (or waiver), exceeds the amount of such premium as of the date described in subparagraph (A); or

“(C) the State fails to provide that an individual who is enrolled for benefits under such plan (or waiver) as of the date described in subparagraph (A) or enrolls for benefits under such plan (or waiver) during the period beginning with such date and ending with the day before the first day of the next quarter that is not an economic downturn quarter for the State shall be treated as eligible for such benefits for not less than 12 months (or, if such period is less than 12 months, throughout such period) unless the individual requests a voluntary termination of eligibility or the individual ceases to be a resident of the State.”.

(b) Exclusion of economic downturn FMAP increases from territorial caps.—Section 1108 of the Social Security Act (42 U.S.C. 1308) is amended—

(1) in subsection (f), in the matter preceding paragraph (1), by striking “subsection (g) and section 1935(e)(1)(B)” and inserting “subsections (g) and (h) and section 1935(e)(1)(B)”; and

(2) by adding at the end the following:

“(h) Exclusion from caps of amounts attributable to economic downturn FMAP.—The portion of any payment made to a territory for a fiscal year that is attributable to an increase in the Federal medical assistance percentage for a fiscal quarter during such year under section 1905(gg) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g).”.

SEC. 70102. Limitation on additional secretarial action with respect to Medicaid supplemental payments reporting requirements.

(a) In general.—Notwithstanding any other provision of law, during the period that begins on the date of enactment of this section and ends the date that is 2 years after the last day of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g)), the Secretary of Health and Human Services shall not take any action (through promulgation of regulation, issue of regulatory guidance, or otherwise) to—

(1) finalize or otherwise implement provisions contained in the proposed rule published on November 18, 2019, on pages 63722 through 63785 of volume 84, Federal Register (relating to parts 430, 433, 447, 455, and 457 of title 42, Code of Federal Regulations); or

(2) promulgate or implement any rule or provision similar to the provisions described in paragraph (1) pertaining to the Medicaid program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or the State Children’s Health Insurance Program established under title XXI of such Act (42 U.S.C. 1397aa et seq.).

(b) Continuation of other secretarial authority.—Nothing in this section shall be construed as prohibiting the Secretary during the period described in subsection (a) from taking any action (through promulgation of regulation, issuance of regulatory guidance, or other administrative action) to enforce a provision of law in effect as of the date of enactment of this section with respect to the Medicaid program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or the State Children’s Health Insurance Program established under title XXI of such Act (42 U.S.C. 1397aa et seq.), or to promulgate or implement a new rule or provision during such period with respect to such programs, other than a rule or provision described in subsection (a) and subject to the prohibition set forth in that subsection.

SEC. 70103. Authority to award Medicaid HCBS grants to respond to the COVID–19 public health emergency.

(a) In general.—The Secretary is authorized to award grants to States in accordance with this section to enhance access to home and community-based services during the COVID–19 public health emergency period.

(b) Definitions.—In this section:

(1) COVID–19 PUBLIC HEALTH EMERGENCY PERIOD.—The term “COVID–19 public health emergency period” means the portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g)) beginning on or after the date of the enactment of this Act.

(2) ELIGIBLE INDIVIDUAL.—The term “eligible individual” means an individual who is eligible for or enrolled for medical assistance under a State Medicaid program.

(3) HOME AND COMMUNITY-BASED SERVICES.—The term “home and community-based services” means, with respect to a State Medicaid program, home and community-based services (including home health and personal care services) that are provided under the State’s qualified HCBS program or that could be provided under such a program but are otherwise provided under the Medicaid program.

(4) INDIAN TRIBE.—The term “Indian tribe” means an Indian tribe, a tribal organization, or an urban Indian organization (as such terms are defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)), and includes a tribal consortium of Indian tribes or tribal organizations (as so defined).

(5) MEDICAID PROGRAM.—The term “Medicaid program” means, with respect to a State, the State program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (including any waiver or demonstration under such title or under section 1115 of such Act (42 U.S.C. 1315) relating to such title).

(6) SECRETARY.—The term “Secretary” means the Secretary of Health and Human Services.

(7) STATE.—The term “State” has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).

(8) QUALIFIED HCBS PROGRAM.—The term “qualified HCBS program” means a program providing home and community-based services operating under a State Medicaid program, whether or not operating under waiver authority.

(c) Grants to States.—

(1) IN GENERAL.—During the COVID–19 public health emergency period, the Secretary may award grants to States with applications meeting the requirements of paragraph (2).

(2) APPLICATION REQUIREMENTS.—A State seeking a grant under this section shall submit an application to the Secretary at such time, in such form and manner, and containing such information as the Secretary shall require.

(3) LIMITATIONS.—

(A) TERMINATION OF AUTHORITY.—The Secretary shall not award any grants under this section with respect to a State that submits an application after the date that is 60 days after the end of the COVID–19 public health emergency period.

(B) USE OF FUNDS.—A State to which a grant is made under this section shall only use grant funds in accordance with subsection (d).

(C) MAINTENANCE OF STATE EFFORT.—Federal funds paid to a State pursuant to this section must be used to supplement, but not supplant, the level of State funds expended for home and community-based services for eligible individuals programs in effect for such individuals at the time the grant is awarded under this section.

(4) MONTHLY GRANT PAYMENT AMOUNTS.—

(A) IN GENERAL.—Subject to paragraph (5), the Secretary shall pay to each State that is awarded a grant under this section, for each month during the State’s grant period (as defined in subparagraph (C)), an amount equal to 15 percent of the amount determined for the State under subparagraph (B).

(B) AVERAGE MONTHLY HCBS EXPENDITURES.—The amount determined for a State under this subparagraph is the amount equal to—

(i) the sum of—

(I) the average annual amount of State expenditures under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) that are attributable to providing medical assistance for home and community-based services for the 3 most recent fiscal years for which data is available; and

(II) the average annual amount, if any, received by the State pursuant to an MFP demonstration project conducted under section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) for the 3 most recent fiscal years for which data is available; divided by

(ii) 12.

(C) GRANT PERIOD DEFINED.—In this paragraph, the term “grant period” means, with respect to a State, the period of months—

(i) beginning with the month in which the Secretary approves the State’s application for a grant under this section; and

(ii) ending with the 12th month that begins after the end of the COVID–19 public health emergency period.

(5) GRANTS TO INDIAN TRIBES.—

(A) IN GENERAL.—During the COVID–19 public health emergency period, the Secretary may award grants to an Indian tribe in the same manner, and subject to the same requirements, as apply to a State, except as otherwise provided in this paragraph.

(B) APPLICATION.—Any Indian tribe seeking a grant under this section shall submit to the Secretary an application that includes (in addition to any other information the Secretary shall require) an identification of the population and service area or areas to be served by the activities and programs that will be funded by the grant.

(C) MONTHLY GRANT PAYMENT AMOUNTS.—

(i) IN GENERAL.—The Secretary shall pay to each Indian tribe that is awarded a grant under this section, for each month during the tribe’s grant period (as defined in clause (iii)), an amount equal to 15 percent of the amount determined for the tribe under clause (ii).

(ii) TRIBAL SHARE OF MONTHLY HCBS EXPENDITURES.—The amount determined for an Indian tribe under this clause is equal to the—

(I) the total of the average annual amount of State expenditures made by a State or States under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) that are attributable to providing medical assistance for home and community-based services to eligible individuals who reside in the service area or areas identified by the tribe pursuant to subparagraph (B) for the 3 most recent fiscal years for which data is available; divided by

(II) 12.

(iii) GRANT PERIOD.—The term “grant period” has the same meaning with respect to an Indian tribe as the term has with respect to a State under paragraph (4)(C).

(D) REDUCTION OF STATE GRANT AMOUNTS.—If any State in which lies a service area or areas identified by an Indian tribe in a successful grant application pursuant to subparagraph (B) is also awarded a grant under this section, the Secretary shall reduce the amount payable to such State each month under paragraph (4) by the portion of the amount payable to the Indian tribe under this paragraph that is attributable to expenditures by the State.

(d) Permissible uses of funds.—

(1) IN GENERAL.—A State to which a grant is made under this section may use grant funds—

(A) to work with community partners such as Area Agencies on Aging, Independent Living Centers, non-profit home and community based service providers, and other entities providing home and community-based services;

(B) during the COVID–19 public health emergency period, for the purposes described in paragraph (2); and

(C) after the end of such period, for the purposes described in paragraph (3).

(2) PERMISSIBLE USES DURING THE EMERGENCY PERIOD.—The purposes described in this paragraph for which a State may use grant funds awarded under this section are the following:

(A) To increase rates for home health and direct service worker agencies to provide home and community-based services under the State Medicaid program, provided that any agency or individual that receives payment under such an increased rate increases the compensation it pays its home health or direct service workers.

(B) To provide paid sick leave, paid family leave, and paid medical leave for home health workers and direct service workers.

(C) To provide hazard pay, overtime pay, and shift differential pay for home health workers and direct service workers.

(D) To provide home and community-based services to eligible individuals who are on waiting lists for programs approved under sections 1115 or 1915 of the Social Security Act (42 U.S.C. 1315, 1396n).

(E) To purchase emergency supplies and equipment necessary to enhance access to services and to protect the health and well-being of home health workers and direct service workers.

(F) To pay for home health worker and direct service worker travel to conduct home and community-based services.

(G) To recruit new direct service workers and home health workers.

(H) To support family care providers of eligible individuals with needed supplies and equipment and pay.

(I) To pay for training for direct service workers and home health workers that is specific to the COVID–19 public health emergency.

(J) To pay for assistive technologies, staffing, and other costs incurred during the public health emergency in order to facility community integration and ensure an individual’s person-centered service plan continue to be fully implemented.

(K) To support direct service workers and home health workers going to nursing facilities, hospitals, institutions, and quarantine settings to provide services to eligible individuals who usually receive home and community-based services and have chosen to temporarily move to a more restrictive setting.

(L) To prepare information and public health and educational materials in accessible formats about prevention, treatment, recovery and other aspects of COVID–19 for eligible individuals, their families, and the general community served by home health and direct service agencies, including formats accessible to people with low literacy or intellectual disabilities.

(M) To pay for American sign language interpreters to assist in providing home and community-based services to eligible individuals and to inform the general public about COVID–19.

(N) To allow for day service providers to shift to providing home-based services.

(O) To pay for COVID–19 testing in home settings.

(P) To pay for other expenses deemed appropriate by the Secretary and which meet the criteria of the home and community-based settings rule.

(3) PERMISSIBLE USES AFTER THE EMERGENCY PERIOD.—The purpose described in this paragraph for which a State may use grant funds awarded under this section is to assist eligible individuals who had to relocate to a nursing facility or institutional setting from their homes during the COVID–19 public health emergency period in—

(A) moving back to their homes (including by paying for moving costs);

(B) resuming home and community-based services;

(C) receiving mental health services and necessary rehabilitative service to regain skills lost while relocated during the public health emergency period; and

(D) continuing home and community-based services for eligible individuals who were served from a waiting list for such services during the public health emergency period.

(e) Reporting requirements.—

(1) STATE REPORTING REQUIREMENTS.—Not later than 18 months after the end of the COVID–19 public health emergency period, any State that received a grant under this section shall submit a report to the Secretary that contains the following information:

(A) Activities and programs that were funded using grant amounts.

(B) The number of eligible individuals who were served by such activities and programs.

(C) The number of eligible individuals who were able to resume home and community-based services as a result of such activities and programs.

(2) HHS REPORT.—Not later than 18 months after the end of the COVID–19 public health emergency period, the Secretary shall issue a public summary of the grants awarded under this section.

(f) Appropriation.—

(1) IN GENERAL.—Subject to paragraph (2), there are appropriated for fiscal year 2020 from any funds in the Treasury not otherwise appropriated such sums as are necessary to carry out this section, to remain available until expended.

(2) AVAILABILITY OF APPROPRIATIONS.—Amounts made available under paragraph (1) shall not be available for the awarding of grants to States that do not submit an application for such a grant before the date described in subsection (c)(3)(A).

(3) UNUSED GRANT FUNDS.—A State that receives a grant under this section shall return to the Secretary any portion of such grant that is unused as of the date that is 1 year after the last day of the COVID–19 public health emergency period, and such returned portion shall revert to the Treasury.

(g) Providing home and community-Based services in acute care hospitals.—Section 1902(h) of the Social Security Act (42 U.S.C. 1396a(h)) is amended—

(1) by inserting “(1)” after “(h)”;

(2) by inserting “, home and community-based services provided under subsection (c), (d), or (i) of section 1915 or under a waiver under section 1115, self-directed personal assistance services provided pursuant to a written plan of care under section 1915(j), and home and community-based attendant services and supports under section 1915(k)” before the period; and

(3) by adding at the end the following:

“(2) Nothing in this title, title XVIII, or title XI shall be construed as prohibiting receipt of any care or services specified in paragraph (1) in an acute care hospital that are—

“(A) identified in an individual’s person-centered plan of services and supports (or comparable plan of care);

“(B) provided to meet needs of the individual that are not met through the provision of hospital services;

“(C) not a substitute for services that the hospital is obligated to provide through its conditions of participation or under Federal or State law; and

“(D) designed to ensure smooth transitions between acute care settings and home and community-based settings, and to preserve the individual’s functions.”.

SEC. 70104. Delay in reduction of FMAP for Medicaid personal care services furnished without an electronic visit verification system.

Section 1903(l) of the Social Security Act (42 U.S.C. 1396b(l)) is amended—

(1) in paragraph (1)—

(A) by striking “January 1, 2020” and inserting “the date that is 6 months after the end of the emergency period described in section 1135(g)(1)(B)”; and

(B) in subparagraph (A), by inserting “(if applicable)” after “percentage points” each place it appears; and

(2) in paragraph (4)(A)(i), by inserting before the semicolon the following: “(if applicable) or for calendar quarters occurring during the period beginning on the date that is 6 months after the end of the emergency period described in section 1135(g)(1)(B) and ending on the date that is 1 year after the end of such period”.

SEC. 70105. Coverage at no cost sharing of COVID–19 vaccine and treatment.

(a) Medicaid.—

(1) IN GENERAL.—Section 1905(a)(4) of the Social Security Act (42 U.S.C. 1396d(a)(4)) is amended—

(A) by striking “and (D)” and inserting “(D)”; and

(B) by striking the semicolon at the end and inserting “; (E) a COVID–19 vaccine licensed under section 351 of the Public Health Service Act and the administration of such vaccine; and (F) items and services furnished for the treatment of COVID–19 or a condition that may complicate the treatment of COVID–19;”.

(2) PROHIBITION OF COST SHARING.—

(A) IN GENERAL.—Subsections (a)(2) and (b)(2) of section 1916 of the Social Security Act (42 U.S.C. 1396o), as amended by section 6004(a)(2)(A) of the Families First Coronavirus Response Act, are each amended—

(i) in subparagraph (F), by striking “or” at the end;

(ii) in subparagraph (G), by striking “; and” and inserting “, or”; and

(iii) by adding at the end the following subparagraphs:

“(H) a COVID–19 vaccine licensed under section 351 of the Public Health Service Act and the administration of such vaccine, or

“(I) any item or service furnished for the treatment of COVID–19 or a condition that may complicate the treatment of COVID–19; and”.

(B) APPLICATION TO ALTERNATIVE COST SHARING.—Section 1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o–1(b)(3)(B)), as amended by section 6004(a)(2)(B) of the Families First Coronavirus Response Act, is amended—

(i) in clause (xi), by striking “any visit” and inserting “any service”; and

(ii) by adding at the end the following clauses:

“(xii) A COVID–19 vaccine licensed under section 351 of the Public Health Service Act and the administration of such vaccine.

“(xiii) An item or service furnished for the treatment of COVID–19 or a condition that may complicate the treatment of COVID–19.”.

(C) CLARIFICATION.—The amendments made this subsection shall apply with respect to a State plan of a territory in the same manner as a State plan of one of the 50 States.

(b) State pediatric vaccine distribution program.—Section 1928 of the Social Security Act (42 U.S.C. 1396s) is amended—

(1) in subsection (a)(1)—

(A) in subparagraph (A), by striking “; and” and inserting a semicolon;

(B) in subparagraph (B), by striking the period and inserting “; and”; and

(C) by adding at the end the following subparagraph:

“(C) each vaccine-eligible child (as defined in subsection (b)) is entitled to receive a COVID–19 vaccine from a program-registered provider (as defined in subsection (h)(8)) without charge for—

“(i) the cost of such vaccine; or

“(ii) the administration of such vaccine.”;

(2) in subsection (c)(2)—

(A) in subparagraph (C)(ii), by inserting “, but may not impose a fee for the administration of a COVID–19 vaccine” before the period; and

(B) by adding at the end the following subparagraph:

“(D) The provider will provide and administer an approved COVID–19 vaccine to a vaccine-eligible child in accordance with the same requirements as apply under the preceding subparagraphs to the provision and administration of a qualified pediatric vaccine to such a child.”; and

(3) in subsection (d)(1), in the first sentence, by inserting “, including with respect to a COVID–19 vaccine licensed under section 351 of the Public Health Service Act” before the period.

(c) CHIP.—

(1) IN GENERAL.—Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)), as amended by section 6004(b)(1) of the Families First Coronavirus Response Act, is amended by adding at the end the following paragraph:

“(11) COVERAGE OF COVID–19 VACCINES AND TREATMENT.—The child health assistance provided to a targeted low-income child shall include coverage of—

“(A) any COVID–19 vaccine licensed under section 351 of the Public Health Service Act and the administration of such vaccine; and

“(B) any item or service furnished for the treatment of COVID–19 or a condition that may complicate the treatment of COVID–19.”.

(2) PROHIBITION OF COST SHARING.—Section 2103(e)(2) of the Social Security Act (42 U.S.C. 1397cc(e)(2)), as amended by section 6004(b)(3) of the Families First Coronavirus Response Act, is amended—

(A) in the paragraph header, by inserting “a COVID–19 vaccine, COVID–19 treatment,” before “or pregnancy-related assistance”; and

(B) by striking “visits described in section 1916(a)(2)(G), or” and inserting “services described in section 1916(a)(2)(G), vaccines described in section 1916(a)(2)(H), items or services described in section 1916(a)(2)(I), or”.

(d) Conforming amendments.—Section 1937 of the Social Security Act (42 U.S.C. 1396u–7) is amended—

(1) in subsection (a)(1)(B), by inserting “, under subclause (XXIII) of section 1902(a)(10)(A)(ii),” after “section 1902(a)(10)(A)(i)”; and

(2) in subsection (b)(5), by adding before the period the following: “, and, effective on the date of the enactment of the Take Responsibility for Workers and Families Act, must comply with subparagraphs (F) through (I) of subsections (a)(2) and (b)(2) of sections 1916 and 1916A”.

(e) Effective date.—The amendments made by this section shall take effect on the date of enactment of this Act and shall apply with respect to a COVID–19 vaccine beginning on the date that such vaccine is licensed under section 351 of the Public Health Service Act (42 U.S.C. 262).

SEC. 70106. Optional coverage at no cost sharing of COVID–19 treatment and vaccines under Medicaid for uninsured individuals.

(a) In general.—Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10) is amended, in the matter following subparagraph (G), by striking “and any visit described in section 1916(a)(2)(G)” and inserting the following: “, any COVID–19 vaccine that is administered during any such portion (and the administration of such vaccine), any item or service that is furnished during any such portion for the treatment of COVID–19 or a condition that may complicate the treatment of COVID–19, and any services described in section 1916(a)(2)(G)”.

(b) Definition of uninsured individual.—Subsection (ss) of section 1902 of the Social Security Act (42 U.S.C. 1396a), as added by section 6004(a)(3)(C) of the Families First Coronavirus Response Act, is amended to read as follows:

“(ss) Uninsured individual defined.—For purposes of this section, the term ‘uninsured individual’ means, notwithstanding any other provision of this title, any individual who is not covered by minimum essential coverage (as defined in section 5000A(f)(1) of the Internal Revenue Code of 1986).”.

(c) Clarification regarding emergency services for certain individuals.—Section 1903(v)(2) of the Social Security Act (42 U.S.C. 1396b(v)(2)) is amended by adding at the end the following flush sentence:

“For purposes of subparagraph (A), care and services described in such subparagraph include any in vitro diagnostic product described in section 1905(a)(3)(B) that is administered during any portion of the emergency period described in such section beginning on or after the date of the enactment of this sentence (and the administration of such product), any COVID–19 vaccine that is administered during any such portion (and the administration of such vaccine), any item or service that is furnished during any such portion for the treatment of COVID–19 or a condition that may complicate the treatment of COVID–19, and any services described in section 1916(a)(2)(G).”.

(d) Inclusion of COVID–19 concern as an emergency condition.—Section 1903(v)(3) of the Social Security Act (42 U.S.C. 1396b(v)(3)) is amended by adding at the end the following flush sentence:

“Such term includes any indication that an alien described in paragraph (1) may have contracted COVID–19.”.

SEC. 70107. Temporary increase in Medicaid Federal financial participation for telehealth services.

(a) In general.—Subject to subsection (b), for each calendar quarter occurring during the period beginning on the first day of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g)) and ending on the last day of the calendar quarter in which the last day of such emergency period occurs, in the case of a State that has expenditures for telehealth services furnished during such quarter for which payment may be made to the State under section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)), the percentage of Federal financial participation otherwise required to be paid to such State under such section for such amounts expended shall be increased by one percentage point.

(b) Requirements.—A State described in subsection (a) may not receive the percentage increase in Federal financial participation described in such subsection with respect to a calendar quarter unless the State provides for telehealth services under the State plan approved under such title XIX (or a waiver of such plan) during such quarter in the same manner and to the same extent that telehealth services are covered under section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)), including pursuant to any waiver under section 1135 of such Act (42 U.S.C. 1320b–5). Nothing in the preceding sentence shall be construed as requiring a State to pay for telehealth services furnished to an individual eligible under the State plan (or waiver) at a rate that would exceed the payment amount that otherwise would be made under the State plan (or waiver) for such services.

SEC. 70108. Extension of full Federal medical assistance percentage to Indian health care providers.

Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—

(1) in subsection (a)(9), by inserting “and including such services furnished in any location by or through an Indian health care provider (as defined in section 1932(h)(4)(A))” before the semicolon; and

(2) in subsection (b)—

(A) by inserting “(whether or not such services are provided within such a facility)” following “received through an Indian Health Service facility,”; and

(B) by striking “Indian Health Care Improvement Act)” and inserting “Indian Health Care Improvement Act), or through an Urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act) pursuant to a grant or contract with the Indian Health Service under title V of the Indian Health Care Improvement Act”.

SEC. 70109. Medicaid coverage for citizens of Freely Associated States.

(a) In general.—Section 402(b)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding at the end the following new subparagraph:

“(G) MEDICAID EXCEPTION FOR CITIZENS OF FREELY ASSOCIATED STATES.—With respect to eligibility for benefits for the designated Federal program defined in paragraph (3)(C) (relating to the Medicaid program), section 401(a) and paragraph (1) shall not apply to any individual who lawfully resides in 1 of the 50 States or the District of Columbia in accordance with the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau and shall not apply, at the option of the Governor of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa as communicated to the Secretary of Health and Human Services in writing, to any individual who lawfully resides in the respective territory in accordance with such Compacts.”.

(b) Exception to 5–Year limited eligibility.—Section 403(d) of such Act (8 U.S.C. 1613(d)) is amended—

(1) in paragraph (1), by striking “or” at the end;

(2) in paragraph (2), by striking the period at the end and inserting “; or”; and

(3) by adding at the end the following new paragraph:

“(3) an individual described in section 402(b)(2)(G), but only with respect to the designated Federal program defined in section 402(b)(3)(C).”.

(c) Definition of qualified alien.—Section 431(b) of such Act (8 U.S.C. 1641(b)) is amended—

(1) in paragraph (6), by striking “; or” at the end and inserting a comma;

(2) in paragraph (7), by striking the period at the end and inserting “, or”; and

(3) by adding at the end the following new paragraph:

“(8) an individual who lawfully resides in the United States in accordance with a Compact of Free Association referred to in section 402(b)(2)(G), but only with respect to the designated Federal program defined in section 402(b)(3)(C) (relating to the Medicaid program).”.

(d) Conforming amendments.—Section 1108 of the Social Security Act (42 U.S.C. 1308), as amended by section 101(b), is further amended—

(1) in subsection (f), in the matter preceding paragraph (1), by striking “subsections (g) and (h) and section 1935(e)(1)(B)” and inserting “subsections (g), (h), and (i) and section 1935(e)(1)(B)”; and

(2) by adding at the end the following:

“(i) Exclusion of medical assistance expenditures for citizens of Freely Associated States.—Expenditures for medical assistance provided to an individual described in section 431(b)(8) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)(8)) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g).”.

(e) Effective date.—The amendments made by this section shall apply to benefits for items and services furnished on or after the date of the enactment of this Act.

SEC. 70110. Increased FMAP for medical assistance to newly eligible individuals.

(a) In general.—Section 1905(y)(1) of the Social Security Act (42 U.S.C. 1396d(y)(1)) is amended—

(1) in subparagraph (A), by striking “2014, 2015, and 2016” and inserting “each of the first 3 consecutive 12-month periods in which the State provides medical assistance to newly eligible individuals”;

(2) in subparagraph (B), by striking “2017” and inserting “the fourth consecutive 12-month period in which the State provides medical assistance to newly eligible individuals”;

(3) in subparagraph (C), by striking “2018 ” and inserting “the fifth consecutive 12-month period in which the State provides medical assistance to newly eligible individuals”;

(4) in subparagraph (D), by striking “2019” and inserting “the sixth consecutive 12-month period in which the State provides medical assistance to newly eligible individuals”; and

(5) in subparagraph (E), by striking “2020 and each year thereafter” and inserting “the seventh consecutive 12-month period in which the State provides medical assistance to newly eligible individuals and each such period thereafter”.

(b) Effective date.—The amendments made by subsection (a) shall take effect as if included in the enactment of the Patient Protection and Affordable Care Act.

SEC. 70111. Renewal of application of Medicare payment rate floor to primary care services furnished under Medicaid and inclusion of additional providers.

(a) Renewal of payment floor; additional providers.—

(1) IN GENERAL.—Section 1902(a)(13) of the Social Security Act (42 U.S.C. 1396a(a)(13)) is amended by striking subparagraph (C) and inserting the following:

“(C) payment for primary care services (as defined in subsection (jj)) at a rate that is not less than 100 percent of the payment rate that applies to such services and physician under part B of title XVIII (or, if greater, the payment rate that would be applicable under such part if the conversion factor under section 1848(d) for the year involved were the conversion factor under such section for 2009), and that is not less than the rate that would otherwise apply to such services under this title if the rate were determined without regard to this subparagraph, and that are—

“(i) furnished in 2013 and 2014, by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine; or

“(ii) furnished during the period beginning on the first day of the first month beginning after the date of the enactment of the Take Responsibility for Workers and Families Act and ending on the last day of the calendar quarter during which the last day of the emergency period described in section 1135(g)(1)(B) occurs—

“(I) by a physician with a primary specialty designation of family medicine, general internal medicine, pediatric medicine, or obstetrics and gynecology, but only if the physician self-attests that the physician is board-certified in family medicine, general internal medicine, pediatric medicine, or obstetrics and gynecology, respectively;

“(II) by a physician with a primary specialty designation of a family medicine subspecialty, an internal medicine subspecialty, a pediatric subspecialty, or a subspecialty of obstetrics and gynecology, without regard to the board that offers the designation for such a subspecialty, but only if the physician self-attests that the physician is board-certified in such a subspecialty;

“(III) by an advanced practice clinician, as defined by the Secretary, that works under the supervision of—

“(aa) a physician described in subclause (I) or (II); or

“(bb) a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)(2)) who is working in accordance with State law;

“(IV) by a rural health clinic, Federally-qualified health center, or other health clinic that receives reimbursement on a fee schedule applicable to a physician described in subclause (I) or (II), an advanced practice clinician described in subclause (III), or a nurse practitioner, physician assistant, or certified nurse-midwife described in subclause (III)(bb), for services furnished by—

“(aa) such a physician, nurse practitioner, physician assistant, or certified nurse-midwife, respectively; or

“(bb) an advanced practice clinician supervised by such a physician, nurse practitioner, physician assistant, or certified nurse-midwife; or

“(V) by a nurse practitioner, physician assistant, or certified nurse-midwife described in subclause (III)(bb), in accordance with procedures that ensure that the portion of the payment for such services that the nurse practitioner, physician assistant, or certified nurse-midwife is paid is not less than the amount that the nurse practitioner, physician assistant, or certified nurse-midwife would be paid if the services were provided under part B of title XVIII;”.

(2) CONFORMING AMENDMENTS.—Section 1905(dd) of the Social Security Act (42 U.S.C. 1396d(dd)) is amended—

(A) by striking “Notwithstanding” and inserting the following:

“(1) IN GENERAL.—Notwithstanding”;

(B) by inserting “or furnished during the additional period specified in paragraph (2),” after “2015,”; and

(C) by adding at the end the following:

“(2) ADDITIONAL PERIOD.—For purposes of paragraph (1), the additional period specified in this paragraph is the period with respect to which section 1902(a)(13)(C)(ii) applies.”.

(b) Improved targeting of primary care.—Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended—

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving the margin of each such subparagraph, as so redesignated, 2 ems to the right;

(2) by striking “For purposes of” and inserting the following:

“(1) IN GENERAL.—For purposes of”; and

(3) by adding at the end the following:

“(2) EXCLUSIONS.—Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital during the period described in subsection (a)(13)(C)(ii).”.

(c) Ensuring payment by managed care entities.—

(1) IN GENERAL.—Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 1396b(m)(2)(A)) is amended—

(A) in clause (xii), by striking “and” after the semicolon;

(B) in clause (xiii)—

(i) by moving the margin of such clause 2 ems to the left; and

(ii) by striking the period at the end and inserting “; and”; and

(C) by inserting after clause (xiii) the following:

“(xiv) such contract provides that (I) payments to health care providers specified in section 1902(a)(13)(C) for furnishing primary care services defined in section 1902(jj) during a year or period specified in section 1902(a)(13)(C) are at least equal to the amounts set forth and required by the Secretary by regulation, (II) the entity shall, upon request, provide documentation to the State that is sufficient to enable the State and the Secretary to ensure compliance with subclause (I), and (III) the Secretary shall approve payments described in subclause (I) that are furnished through an agreed-upon capitation, partial capitation, or other value-based payment arrangement if the agreed-upon capitation, partial capitation, or other value-based payment arrangement is based on a reasonable methodology and the entity provides documentation to the State that is sufficient to enable the State and the Secretary to ensure compliance with subclause (I).”.

(2) CONFORMING AMENDMENT.—Section 1932(f) of the Social Security Act (42 U.S.C. 1396u–2(f)) is amended by inserting “and clause (xiv) of section 1903(m)(2)(A)” before the period.

(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply with respect to contracts entered into on or after the date of the enactment of this Act.

SEC. 70112. Temporary increase in Medicaid DSH allotments.

(a) In general.—Section 1923(f)(3) of the Social Security Act (42 U.S.C. 1396r–4(f)(3)) is amended—

(1) in subparagraph (A), by striking “and subparagraph (E)” and inserting “and subparagraphs (E) and (F)”; and

(2) by adding at the end the following new subparagraph:

“(F) TEMPORARY INCREASE IN ALLOTMENTS DURING CERTAIN PUBLIC HEALTH EMERGENCY.—The DSH allotment for any State is—

“(i) for fiscal year 2020, equal to 102.5 percent of the DSH allotment that would be determined under this paragraph for the State for fiscal year 2020 without application of this subparagraph, notwithstanding subparagraphs (B) and (C); and

“(ii) for a subsequent fiscal year (if any) during which the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act is in effect, equal to 102.5 percent of the DSH allotment determined under this subparagraph for the State for the previous fiscal year.

For each fiscal year after fiscal year 2020 during which the emergency period described in clause (ii) is not in effect, the DSH allotment for a State for such fiscal year is equal to the DSH allotment that would have been determined under this paragraph for such fiscal year if this subparagraph had not been enacted.”.

(b) Sense of Congress.—It is the sense of Congress that a State should prioritize making payments under the State plan of the State under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (or a waiver of such plan) to disproportionate share hospitals that have a higher share of COVID–19 patients relative to other such hospitals in the State.

SEC. 70113. Temporary allowance for medical assistance under Medicaid for inmates during 30-day period preceding release.

The subdivision (A) following paragraph (30) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting “and except during the 30-day period preceding the date of release of such individual from such public institution, but only if such 30-day period occurs during the emergency period described in section 1135(g)(1)(B)” after “medical institution”.

SEC. 70114. Extension of existing section 1115 demonstration projects.

(a) Applicability.—This section shall apply with respect to demonstration projects operated by States pursuant to section 1115(a) of the Social Security Act (42 U.S.C. 1315(a)) to promote the objectives of title XIX or XXI of the Social Security Act with a project term set to end on or before December 31, 2020.

(b) Approval of extension.—Upon request by a State, the Secretary of Health and Human Services shall approve an extension of the waiver and expenditure authorities for a demonstration project described in subsection (a) for a period up to and including December 31, 2021, to ensure continuity of programs and funding during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 42 U.S.C. 1320b–5(g)(1)(B)).

(c) Extension terms and conditions.— (1) The approval pursuant to this section shall extend the terms and conditions that applied to the demonstration project to the extension period. Financial terms and conditions shall continue at levels equivalent to the prior demonstration or program year. All demonstration program components shall be extended to operate through ffthe end of the extension term. In its request for an extension, the state shall identify operational and programmatic changes necessary to continue and stabilize programs into the extension period and shall work with the Secretary of Health and Human Services to implement such changes.

(2) Notwithstanding the foregoing, the State may request, and the Secretary of Health and Human Services may approve, modifications to a demonstration project’s terms and conditions to address the impact of the federally designated public health emergency with respect to COVID–19. Such modifications may, at the option of the State, become effective retroactive to the start of the calendar quarter in which the first day of the emergency period described in paragraph (1)(B) of section 1135(g) of the Social Security Act 42 U.S.C. 42 U.S.C. 1320b–5(g)) occurs.

(d) Budget neutrality.—Budget neutrality for extensions under this section shall be deemed to have been met at the conclusion of the extension period, and States receiving extensions under this section shall not be required to submit a budget neutrality analysis for the extension period.

(e) Expedited application process.—The Federal and State public notice and comment procedures or other time constraints otherwise applicable to demonstration project amendments shall be waived to expedite a State’s extension request pursuant to this section. The Secretary of Health and Human Services shall approve the extension application within 45 days of a State’s submission of its request, or such other timeframe as is mutually agreed to with the State.

(f) Continuation of secretarial authority under declared emergency.—This section does not restrict the Secretary of Health and Human Services from exercising existing flexibilities through demonstration projects operated pursuant to section 1115 of the Social Security Act (42 U.S.C. 1315) in conjunction with the COVID–19 public health emergency.

(g) Rule of construction.—Nothing in this section shall authorize the Secretary of Health and Human Service to approve or extend a waiver that fails to meet the requirements of section 1115 of the Social Security Act (42 U.S.C. 1315).

SEC. 70115. Modification of reductions in Medicaid DSH allotments.

Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r–4(f)(7)(A)) is amended—

(1) in clause (i), in the matter preceding subclause (I), by striking “For the period beginning May 23, 2020, and ending September 30, 2020, and for each of fiscal years 2021 through 2025” and inserting “For the period beginning December 1, 2020, and ending September 30, 2021, and for each of fiscal years 2022 through 2025”; and

(2) in clause (ii)—

(A) in subclause (I), by striking “for the period beginning May 23, 2020, and ending September 30, 2020” and inserting “for the period beginning December 1, 2020, and ending September 30, 2021”; and

(B) in subclause (II), by striking “for each of fiscal years 2021 through 2025” and inserting “for each of fiscal years 2022 through 2025”.

SEC. 70116. Extension of Money Follows the Person Rebalancing Demonstration.

(a) In general.—Section 6071(h)(1) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended—

(1) in subparagraph (F), by striking “and” at the end; and

(2) by striking subparagraph (G) and inserting the following:

“(G) $450,000,000 for fiscal year 2020; and

“(H) $75,206,000 for the period beginning on October 1, 2020, and ending on November 30, 2020.”.

(b) Effective date.—The amendments made by subsection (a) shall take effect as if included in the enactment of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94).

SEC. 70117. Extension of protection for Medicaid recipients of home and community-based services against spousal impoverishment.

(a) In general.—Section 2404 of Public Law 111–148 (42 U.S.C. 1396r–5 note) is amended by striking “May 22, 2020” and inserting “November 30, 2020”.

(b) Rule of construction.—Nothing in section 2404 of Public Law 111–148 (42 U.S.C. 1396r–5 note) or section 1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 1396a(a)(17), 1396r–5) shall be construed as prohibiting a State from applying an income or resource disregard under a methodology authorized under section 1902(r)(2) of such Act (42 U.S.C. 1396a(r)(2))—

(1) to the income or resources of an individual described in section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income or resources of such individual’s spouse); or

(2) on the basis of an individual’s need for home and community-based services authorized under subsection (c), (d), (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n) or under section 1115 of such Act (42 U.S.C. 1315).

SEC. 70118. Extension of the Community Mental Health Services Demonstration Program.

Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 (42 U.S.C. 1396a note) is amended by striking “May 22, 2020” and inserting “November 30, 2020”.

SEC. 70201. Coverage of the COVID-19 vaccine under the Medicare program without any cost-sharing.

(a) Medical and other health services.—Section 1861(s)(10)(A) of the Social Security Act (42 U.S.C. 1395x(s)(10)(A)) is amended by inserting “, and COVID-19 vaccine and its administration” after “influenza vaccine and its administration”.

(b) Part B deductible.—Section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended, in the first sentence—

(1) by striking “and” before “(11)”; and (B) by inserting before the period at the end the following: “, and (11)

(2) by inserting before the period at the end the following: “, and (12) such deductible shall not apply with respect a COVID-19 vaccine and its administration described in section 1861(s)(10)(A)”.

(c) Waiving cost-Sharing under Medicare Advantage.—Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is amended—

(1) in clause (iv)—

(A) by redesignating subclause (VI) as subclause (VII); and

(B) by inserting after subclause (V) the following new subclause:

“(VI) COVID-19 vaccines and the administration of such vaccines, as described in section 1861(s)(10)(A).”; and

(2) in clause (v), by striking “subclauses (IV) and (V)” and inserting “subclauses (IV), (V), and (VI)”.

(d) Implementation.—Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by subsection (c) by program instruction or otherwise.

(e) Payment for administration of COVID-19 vaccine.—The payment amount under part B of title XVIII of the Social Security Act for the administration of a COVID-19 vaccine pursuant to the amendment made by subsection (a) shall be the same as the payment amount under such part for the administration of an influenza vaccine, pneumococcal vaccine, and a hepatitis B vaccine.

(f) Authority for roster billing.—Notwithstanding any other provision of law, the Secretary of Health and Human Services may, by program instruction or otherwise, include a COVID-19 vaccine as a vaccine with respect to which the Secretary permits roster billing for purposes of payment under part B of title XVIII of the Social Security Act.

(g) Effective date.—The amendments made by this section shall take effect on the date of enactment of this Act and shall apply with respect to a COVID-19 vaccine beginning on the date that such vaccine is licensed under section 351 of the Public Health Service Act (42 U.S.C. 262).

SEC. 70202. Holding Medicare beneficiaries harmless for specified COVID-19 treatment services furnished under part A or part B of the Medicare program.

(a) In general.—Notwithstanding any other provision of law, in the case of a specified COVID-19 treatment service (as defined in subsection (b)) furnished to an individual entitled to benefits under part A or enrolled under part B of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for which payment is made under such part A or such part B, the Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall provide that—

(1) any cost-sharing required (including any deductible, copayment, or coinsurance) applicable to such individual under such part A or such part B with respect to such item or service is paid by the Secretary; and

(2) the provider of services or supplier (as defined in section 1861 of the Social Security Act (42 U.S.C. 1395x)) does not hold such individual liable for such requirement.

(b) Definition of specified COVID-19 treatment services.—For purposes of this section, the term “specified COVID-19 treatment service” means any item or service furnished to an individual for which payment may be made under part A or part B of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) if such item or service is included in a claim with an ICD-10-CM code relating to COVID-19 (as described in the document entitled “ICD-10-CM Official Coding Guidelines - Supplement Coding encounters related to COVID-19 Coronavirus Outbreak” published on February 20, 2020, or as otherwise specified by the Secretary).

(c) Recovery of cost-Sharing amounts paid by the Secretary in the case of supplemental insurance coverage.—

(1) IN GENERAL.—In the case of any amount paid by the Secretary pursuant to subsection (a)(1) that the Secretary determines would otherwise have been paid by a group health plan or health insurance issuer (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91)), a private entity offering a medicare supplemental policy under section 1882 of the Social Security Act (42 U.S.C. 1395ss), any other health plan offering supplemental coverage, a State plan under title XIX of the Social Security Act, or the Secretary of Defense under the TRICARE program, such plan, issuer, private entity, other health plan, State plan, or Secretary of Defense, as applicable, shall pay to the Secretary, not later than 1 year after such plan, issuer, private entity, other health plan, State plan, or Secretary of Defense receives a notice under paragraph (3), such amount in accordance with this subsection.

(2) REQUIRED INFORMATION.—Not later than 9 months after the date of the enactment of this Act, each group health plan, health insurance issuer, private entity, other health plan, State plan, and Secretary of Defense described in paragraph (1) shall submit to the Secretary such information as the Secretary determines necessary for purposes of carrying out this subsection. Such information so submitted shall be updated by such plan, issuer, private entity, other health plan, State plan, or Secretary of Defense, as applicable, at such time and in such manner as specified by the Secretary.

(3) REVIEW OF CLAIMS AND NOTIFICATION.—The Secretary shall establish a process under which claims for items and services for which the Secretary has paid an amount pursuant to subsection (a)(1) are reviewed for purposes of identifying if such amount would otherwise have been paid by a plan, issuer, private entity, other health plan, State plan, or Secretary of Defense described in paragraph (1). In the case such a claim is so identified, the Secretary shall determine the amount that would have been otherwise payable by such plan, issuer, private entity, other health plan, State plan, or Secretary of Defense and notify such plan, issuer, private entity, other health plan, State plan, or Secretary of Defense of such amount.

(4) ENFORCEMENT.—The Secretary may impose a civil monetary penalty in an amount determined appropriate by the Secretary in the case of a plan, issuer, private entity, other health plan, or State plan that fails to comply with a provision of this section. The provisions of section 1128A of the Social Security Act shall apply to a civil monetary penalty imposed under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under subsection (a) or (b) of such section.

(d) Funding.—The Secretary shall provide for the transfer to the Centers for Medicare & Medicaid Program Management Account from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Trust Fund (in such portions as the Secretary determines appropriate) $100,000,000 for purposes of carrying out this section.

(e) Report.—Not later than 3 years after the date of the enactment of this Act, the Inspector General of the Department of Health and Human Services shall submit to Congress a report containing an analysis of amounts paid pursuant to subsection (a)(1) compared to amounts paid to the Secretary pursuant to subsection (c).

(f) Implementation.—Notwithstanding any other provision of law, the Secretary may implement the provisions of this section by program instruction or otherwise.

SEC. 70203. Medicare sequester delay.

During the period beginning on May 1, 2020, and ending on such date the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)) ends, the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) shall be exempt from reduction under any sequestration order issued pursuant to section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 before, on, or after the date of enactment of this Act.

SEC. 70204. Enhancing Medicare telehealth services for federally qualified health centers and rural health clinics during the emergency period.

Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended—

(1) in the first sentence of paragraph (1), by striking “The Secretary” and inserting “Subject to paragraph (8), the Secretary”;

(2) in paragraph (2)(A), by striking “The Secretary” and inserting “Subject to paragraph (8), the Secretary”;

(3) in paragraph (4)—

(A) in subparagraph (A), by striking “The term” and inserting “Subject to paragraph (8),the term”; and

(B) in subparagraph (F)(i), by striking “The term” and inserting “Subject to paragraph (8), the term”; and

(4) by adding at the end the following new paragraph:

“(8) ENHANCING TELEHEALTH SERVICES FOR FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS DURING THE EMERGENCY PERIOD.—

“(A) IN GENERAL.—During the emergency period described in section 1135(g)(1)(B)—

“(i) the Secretary shall pay for telehealth services that are furnished via a telecommunications system by a Federally qualified health center or a rural health clinic to an eligible telehealth individual enrolled under this part notwithstanding that the Federally qualified health center or rural clinic providing the telehealth service is not at the same location as the beneficiary;

“(ii) the amount of payment to a Federally qualified health center or rural health clinic that serves as a distant site for such a telehealth service shall be determined under subparagraph (B); and

“(iii) for purposes of this subsection—

“(I) the term ‘distant site’ includes a Federally qualified health center or rural health clinic that furnishes a telehealth service to an eligible telehealth individual; and

“(II) the term ‘telehealth services’ includes a rural health clinic service or Federally qualified health center service that is furnished using telehealth to the extent that payment codes corresponding to services identified by the Secretary under clause (i) or (ii) of paragraph (4)(F) are listed on the corresponding claim for such rural health clinic service or Federally qualified health center service.

“(B) SPECIAL PAYMENT RULE.—The Secretary shall develop and implement payment methods that apply under this subsection to a Federally qualified health center or rural health clinic that serves as a distant site that furnishes a telehealth service to an eligible telehealth individual during such emergency period. Such payment methods shall be based on payment rates that are similar to the national average payment rates for comparable telehealth services under the physician fee schedule under section 1848. Notwithstanding any other provision of law, the Secretary may implement such payment methods through program instruction or otherwise.”.

SEC. 70205. Guaranteed issue of certain Medigap policies.

(a) Guaranteed issue of Medigap policies to all Medigap-Eligible Medicare beneficiaries.—

(1) IN GENERAL.—Section 1882(s) of the Social Security Act (42 U.S.C. 1395ss(s)) is amended—

(A) in paragraph (2)(A), by striking “65 years of age or older and is enrolled for benefits under part B” and inserting “entitled to, or enrolled for, benefits under part A and enrolled for benefits under part B”;

(B) in paragraph (2)(D), by striking “who is 65 years of age or older as of the date of issuance and”;

(C) in paragraph (3)(B)(ii), by striking “is 65 years of age or older and”; and

(D) in paragraph (3)(B)(vi), by striking “at age 65”.

(2) ADDITIONAL ENROLLMENT PERIOD FOR CERTAIN INDIVIDUALS.—

(A) ONE-TIME ENROLLMENT PERIOD.—

(i) IN GENERAL.—In the case of a specified individual, the Secretary shall establish a one-time enrollment period described in clause (iii) during which such an individual may enroll in any medicare supplemental policy of the individual’s choosing.

(ii) APPLICATION.—The provisions of—

(I) paragraph (2) of section 1882(s) of the Social Security Act (42 U.S.C. 1395ss(s)) shall apply with respect to a specified individual who is described in subclause (I) of subparagraph (B)(iii) as if references in such paragraph (2) to the 6 month period described in subparagraph (A) of such paragraph were references to the one-time enrollment period established under clause (i); and

(II) paragraph (3) of such section shall apply with respect to a specified individual who is described in subclause (II) of subparagraph (B)(iii) as if references in such paragraph (3) to the period specified in subparagraph (E) of such paragraph were references to the one-time enrollment period established under clause (i).

(iii) PERIOD.—The enrollment period established under clause (i) shall be the 6-month period beginning on January 1, 2024.

(B) SPECIFIED INDIVIDUAL.—For purposes of this paragraph, the term “specified individual” means an individual who—

(i) is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.) pursuant to section 226(b) or section 226A of such Act (42 U.S.C. 426(b); 426–1);

(ii) is enrolled for benefits under part B of such Act (42 U.S.C. 1395j et seq.); and

(iii) (I) would not, but for the amendments made by subparagraphs (A) and (B) of paragraph (1) and the provisions of this paragraph (if such provisions applied to such individual), be eligible for the guaranteed issue of a medicare supplemental policy under paragraph (2) of section 1882(s) of such Act (42 U.S.C. 1395ss(s)); or

(II) would not, but for the amendments made by subparagraphs (C) and (D) of paragraph (1) and the provisions of this paragraph (if such provisions applied to such individual), be eligible for the guaranteed issue of a medicare supplemental policy under paragraph (3) of such section.

(C) OUTREACH PLAN.—

(i) IN GENERAL.—The Secretary shall develop an outreach plan to notify specified individuals of the one-time enrollment period established under subparagraph (A).

(ii) CONSULTATION.—In implementing the outreach plan developed under clause (i), the Secretary shall consult with consumer advocates, brokers, insurers, the National Association of Insurance Commissioners, and State Health Insurance Assistance Programs.

(3) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply to medicare supplemental policies effective on or after January 1, 2024.

(b) Guaranteed issue of Medigap policies for Medicare Advantage enrollees.—

(1) IN GENERAL.—Section 1882(s)(3) of the Social Security Act (42 U.S.C. 1395ss(s)(3)), as amended by subsection (a), is further amended—

(A) in subparagraph (B), by adding at the end the following new clause:

“(vii) The individual—

“(I) was enrolled in a Medicare Advantage plan under part C for not less than 12 months;

“(II) subsequently disenrolled from such plan;

“(III) elects to receive benefits under this title through the original Medicare fee-for-service program under parts A and B; and

“(IV) has not previously elected to receive benefits under this title through the original Medicare fee-for-service program pursuant to disenrollment from a Medicare Advantage plan under part C.”;

(B) by striking subparagraph (C)(iii) and inserting the following:

“(iii) Subject to subsection (v)(1), for purposes of an individual described in clause (vi) or (vii) of subparagraph (B), a medicare supplemental policy described in this subparagraph shall include any medicare supplemental policy.”; and

(C) in subparagraph (E)—

(i) in clause (iv), by striking “and” at the end;

(ii) in clause (v), by striking the period at the end and inserting “; and”; and

(iii) by adding at the end the following new clause—

“(vi) in the case of an individual described in subparagraph (B)(vii), the annual, coordinated election period (as defined in section 1851(e)(3)(B)) or a continuous open enrollment period (as defined in section 1851(e)(2)) during which the individual disenrolls from a Medicare Advantage plan under part C.”.

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply to medicare supplemental policies effective on or after January 1, 2024.

SEC. 70206. Ensuring communications accessibility for residents of skilled nursing facilities during the COVID-19 emergency period.

(a) In general.—Section 1819(c)(3) of the Social Security Act (42 U.S.C. 1395i–3(c)(3)) is amended—

(1) in subparagraph (D), by striking “and” at the end;

(2) in subparagraph (E), by striking the period and inserting “; and”; and

(3) by adding at the end the following new subparagraph:

“(F) provide for reasonable access to the use of a telephone, including TTY and TDD services (as defined for purposes of section 483.10 of title 42, Code of Federal Regulations (or a successor regulation)), and the internet (to the extent available to the facility) and inform each such resident (or a representative of such resident) of such access and any changes in policies or procedures of such facility relating to limitations on external visitors.”.

(b) COVID-19 provisions.—

(1) GUIDANCE.—Not later than 15 days after the date of the enactment of this Act, the Secretary of Health and Human Service shall issue guidance on steps skilled nursing facilities may take to ensure residents have access to televisitation during the emergency period defined in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)).

(2) REVIEW OF FACILITIES.—The Secretary of Health and Human Services shall take such steps as determined appropriate by the Secretary to ensure that residents of skilled nursing facilities and relatives of such residents are made aware of the access rights described in section 1819(c)(3)(F) of the Social Security Act (42 U.S.C. 1395i–3(c)(3)(F)).

SEC. 70207. Medicare hospital inpatient prospective payment system outlier payments for COVID-19 patients during certain emergency period.

(a) In general.—Section 1886(d)(5)(A) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(A)) is amended—

(1) in clause (ii), by striking “For cases” and inserting “Subject to clause (vii), for cases”;

(2) in clause (iii), by striking “The amount” and inserting “Subject to clause (vii), the amount”;

(3) in clause (iv), by striking “The total amount” and inserting “Subject to clause (vii), the total amount”; and

(4) by adding at the end the following new clause:

“(vii) For discharges that have a primary or secondary diagnosis of COVID-19 and that occur during the emergency period described in section 1135(g)(1)(B), the amount of any additional payment under clause (ii) for a subsection (d) hospital for such a discharge shall be determined as if—

“(I) clause (ii) was amended by striking ‘plus a fixed dollar amount determined by the Secretary’;

“(II) the reference in clause (iii) to ‘approximate the marginal cost of care beyond the cutoff point applicable under clause (i) or (ii)’ were a reference to ‘approximate the marginal cost of care beyond the cutoff point applicable under clause (i), or, in the case of an additional payment requested under clause (ii), be equal to 100 percent of the amount by which the costs of the discharge for which such additional payment is so requested exceed the applicable DRG prospective payment rate’; and

“(III) clause (iv) does not apply.”.

(b) Exclusion from reduction in average standardized amounts payable to hospitals located in certain areas.—Section 1886(d)(3)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(B)) is amended by inserting before the period the following: “, other than additional payments described in clause (vii) of such paragraph”.

(c) Application to site neutral IPPS payment rates.—Section 1886(m)(6)(B) of the Social Security Act (42 U.S.C. 1395ww(m)(6)(B)) is amended—

(1) in clause (i)—

(A) in the matter preceding subclause (I), by striking “In this paragraph” and inserting “Subject to clause (ii), in this paragraph”;

(B) in subclause (I), by striking “clause (iii)” and inserting “clause (iv)”; and

(C) in subclause (II), by striking “clause (ii)” and inserting “clause (iii)”;

(2) in clause (ii), in the matter preceding subclause (I), by striking “clause (iv)” and inserting “clause (v)”;

(3) in clause (iii)(I), by striking “clause (ii)” and inserting “clause (iii)”;

(4) in clause (iv), by striking “clause (ii)(I)” and inserting “clause (iii)(I)”;

(5) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively; and

(6) by inserting after clause (i) the following new clause:

“(ii) EXCEPTION.—Notwithstanding clause (i), the term ‘applicable site neutral payment rate’ means—

“(I) for discharges that have a primary or secondary diagnosis of COVID-19 and that occur during any portion of the emergency period described in section 1135(g)(1)(B) occurring during a cost reporting period described in clause (i)(I), the greater of the blended payment rate specified in clause (iv) or the percent described in clause (iii)(II); and

“(II) for discharges that have a primary or secondary diagnosis of COVID-19 and that occur during any portion of the emergency period described in section 1135(g)(1)(B) occurring during a cost reporting period described in clause (i)(II), the percent described in clause (iii)(II).”.

(d) Implementation.—Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise.

SEC. 70208. Coverage of treatments for COVID–19 at no cost sharing under the Medicare Advantage program.

(a) In general.—Section 1852(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is amended by adding at the end the following new clause:

“(vii) SPECIAL COVERAGE RULES FOR SPECIFIED COVID–19 TREATMENT SERVICES.—Notwithstanding clause (i), in the case of a specified COVID-19 treatment service (as defined in section 70202(b) of the Take Responsibility for Workers and Families Act) that is furnished during a plan year occurring during any portion of the emergency period defined in section 1135(g)(1)(B) beginning on or after the date of the enactment of this clause, a Medicare Advantage plan may not, with respect to such service, impose—

“(I) any cost-sharing requirement (including a deductible, copayment, or coinsurance requirement); and

“(II) in the case such service is a critical specified COVID-19 treatment service (including ventilator services and intensive care unit services), any prior authorization or other utilization management requirement.

A Medicare Advantage plan may not take the application of this clause into account for purposes of a bid amount submitted by such plan under section 1854(a)(6).”.

(b) Reimbursement of Medicare Advantage plans for elimination of cost sharing.—Section 1853 of the Social Security Act (42 U.S.C. 1395w–23) is amended by adding at the end the following new subsection:

“(p) Additional payment to account for cost sharing elimination for COVID-19 treatment services.—

“(1) IN GENERAL.—A Medicare Advantage plan shall notify the Secretary of the total dollar amount of cost sharing that, but for the application of section 1852(a)(1)(B)(vii), would have been required under such plan for specified COVID-19 treatment services (as defined in section 70202(b) of the Take Responsibility for Workers and Families Act) furnished during a plan year described in such section to individuals enrolled in the plan. The Secretary shall make periodic and timely payments in accordance with this subsection to such plan that, in the aggregate, equal such total dollar amount.

“(2) TIMING OF PAYMENT.—Payments by the Secretary under this subsection shall be made beginning March 1, 2021, for amounts described in such paragraph that would have been required under such plan for specified COVID-19 treatment services furnished during plan year 2020. Payments by the Secretary under this subsection for such amounts that would have been so required under such plan for such services furnished during a plan year subsequent to plan year 2020 shall be made beginning March 1 of the plan year following such subsequent plan year.

“(3) NON-APPLICATION.—Section 1853(c)(7) shall not apply with respect to the application of this subsection.

“(4) APPROPRIATION.—There are transferred to the Centers for Medicare & Medicaid Program Management Fund, out of any monies in the Treasury not otherwise obligated, such sums as may be necessary to the Secretary for purposes of making payments under this subsection.”.

(c) Implementation.—Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise.

SEC. 70209. Establishing a risk corridor program for Medicare Advantage plans during the COVID-19 emergency.

(a) In general.—Section 1853 of the Social Security Act (42 U.S.C. 1395w–23), as amended by section 70208(b), is further amended by adding at the end the following new subsection:

“(q) Risk corridor program during the COVID-19 emergency.—

“(1) IN GENERAL.—The Secretary shall establish and administer a program of risk corridors for each plan year, any portion of which occurs during the emergency period defined in section 1135(g)(1)(B), under which the Secretary shall make payments to MA organizations offering a Medicare Advantage plan based on the ratio of the allowable costs of the plan to the aggregate premiums of the plan.

“(2) PAYMENT METHODOLOGY.—The Secretary shall provide under the program established under paragraph (1) that if the allowable costs for a Medicare Advantage plan for any plan year are more than 105 percent of the target amount, the Secretary shall pay to the plan an amount equal to 75 percent of the allowable costs in excess of 105 percent of the target amount.

“(3) TIMING.—

“(A) SUBMISSION OF INFORMATION BY PLANS.—With respect to a plan year for which the program described in paragraph (1) is established and administered, not later than July 1 of the succeeding plan year each MA organization offering a Medicare Advantage plan shall submit to the Secretary such information as the Secretary may require for purposes of carrying out such program.

“(B) PAYMENT.—The Secretary shall pay to an MA organization offering a Medicare Advantage plan eligible to receive a payment under the program with respect to a plan year the amount provided under paragraph (2) for such plan year not later than 60 days after such organization submits information with respect to such plan and plan year under subparagraph (A).

“(4) DEFINITIONS.—

“(A) ALLOWABLE COSTS.—

“(i) IN GENERAL.—The amount of allowable costs of a MA organization offering a Medicare Advantage plan for a plan year is an amount equal to the total costs (other than administrative costs) of such plan in providing benefits covered by such plan, but only to the extent that such costs are incurred with respect to such benefits for items and services that are benefits under the original medicare fee-for-service program option.

“(ii) REDUCTIONS.—Allowable costs for a Medicare Advantage plan for a plan year shall be reduced by any payment made under subsection (p) with respect to such plan and such plan year.

“(B) TARGET AMOUNT.—The target amount described in this paragraph is, with respect to a Medicare Advantage plan and a plan year, the total amount of payments paid to the MA organization for the plan for benefits under the original medicare fee-for-service program option for the plan year, taking into account amounts paid by the Secretary and enrollees, based upon the bid amount submitted under section 1854, reduced by the total amount of administrative expenses for the year assumed in such bid.

“(5) FUNDING.—There are appropriated to the Centers for Medicare & Medicaid Services Program Management Account, out of any monies in the Treasury not otherwise obligated, such sums as may be necessary for purposes of carrying out this subsection.”.

(b) Implementation.—Notwithstanding any other provision of law, the Secretary of Health and Human Service may implement the amendments made by this section by program instruction or otherwise.

SEC. 70210. Requiring coverage under Medicare PDPs and MA–PD plans, without the imposition of cost sharing or utilization management requirements, of drugs intended to treat COVID-19 during certain emergencies.

(a) Coverage requirement.—

(1) IN GENERAL.—Section 1860D–4(b)(3) of the Social Security Act (42 U.S.C. 1395w–104(b)(3)) is amended by adding at the end the following new subparagraph:

“(I) REQUIRED INCLUSION OF DRUGS INTENDED TO TREAT COVID-19.—

“(i) IN GENERAL.—Notwithstanding any other provision of law, a PDP sponsor offering a prescription drug plan shall, with respect to a plan year, any portion of which occurs during the period described in clause (ii), be required to—

“(I) include in any formulary—

“(aa) all covered part D drugs with a medically accepted indication (as defined in section 1860D–2(e)(4)) to treat COVID-19 that are marketed in the United States; and

“(bb) all drugs authorized under section 564 or 564A of the Federal Food Drug and Cosmetic Act to treat COVID-19; and

“(II) not impose any prior authorization or other utilization management requirement with respect to such drugs described in item (aa) or (bb) of subclause (I) (other than such a requirement that limits the quantity of drugs due to safety).

“(ii) PERIOD DESCRIBED.—For purposes of clause (i), the period described in this clause is the period during which there exists the public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act on January 31, 2020, entitled ‘Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus’ (including any renewal of such declaration pursuant to such section).”.

(b) Elimination of cost sharing.—

(1) ELIMINATION OF COST-SHARING FOR DRUGS INTENDED TO TREAT COVID-19 UNDER STANDARD AND ALTERNATIVE PRESCRIPTION DRUG COVERAGE.—Section 1860D–2 of the Social Security Act (42 U.S.C. 1395w–102) is amended—

(A) in subsection (b)—

(i) in paragraph (1)(A), by striking “The coverage” and inserting “Subject to paragraph (8), the coverage”;

(ii) in paragraph (2)—

(I) in subparagraph (A), by inserting after “Subject to subparagraphs (C) and (D)” the following: “and paragraph (8)”;

(II) in subparagraph (C)(i), by striking “paragraph (4)” and inserting “paragraphs (4) and (8)”; and

(III) in subparagraph (D)(i), by striking “paragraph (4)” and inserting “paragraphs (4) and (8)”;

(iii) in paragraph (4)(A)(i), by striking “The coverage” and inserting “Subject to paragraph (8), the coverage”; and

(iv) by adding at the end the following new paragraph:

“(8) ELIMINATION OF COST-SHARING FOR DRUGS INTENDED TO TREAT COVID-19.—The coverage does not impose any deductible, copayment, coinsurance, or other cost-sharing requirement for drugs described in section 1860D–4(b)(3)(I)(i)(I) with respect to a plan year, any portion of which occurs during the period during which there exists the public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act on January 31, 2020, entitled ‘Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus’ (including any renewal of such declaration pursuant to such section).”; and

(B) in subsection (c), by adding at the end the following new paragraph:

“(4) SAME ELIMINATION OF COST-SHARING FOR DRUGS INTENDED TO TREAT COVID-19.—The coverage is in accordance with subsection (b)(8).”.

(2) ELIMINATION OF COST-SHARING FOR DRUGS INTENDED TO TREAT COVID-19 DISPENSED TO INDIVIDUALS WHO ARE SUBSIDY ELIGIBLE INDIVIDUALS.—Section 1860D–14(a) of the Social Security Act (42 U.S.C. 1395w–114(a)) is amended—

(A) in paragraph (1)—

(i) in subparagraph (D)—

(I) in clause (ii), by striking “In the case of” and inserting “Subject to subparagraph (F), in the case of”; and

(II) in clause (iii), by striking “In the case of” and inserting “Subject to subparagraph (F), in the case of”; and

(ii) by adding at the end the following new subparagraph:

“(F) ELIMINATION OF COST-SHARING FOR DRUGS INTENDED TO TREAT COVID-19.—Coverage that is in accordance with section 1860D–2(b)(8).”; and

(B) in paragraph (2)—

(i) in subparagraph (B), by striking “A reduction” and inserting “Subject to subparagraph (F), a reduction”;

(ii) in subparagraph (D), by striking “The substitution” and inserting “Subject to subparagraph (F), the substitution”;

(iii) in subparagraph (E), by inserting after “Subject to” the following: “subparagraph (F) and”; and

(iv) by adding at the end the following new subparagraph:

“(F) ELIMINATION OF COST-SHARING FOR DRUGS INTENDED TO TREAT COVID-19.—Coverage that is in accordance with section 1860D–2(b)(8).”.

(c) Implementation.—Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise.

SEC. 70211. Requiring Medicare PDPs and MA–PD plans to allow during the COVID-19 emergency period for fills and refills of covered part D drugs for up to a 3-month supply.

(a) In general.—Section 1860D–4(b) of the Social Security Act (42 U.S.C. 1395w–104(b)) is amended by adding at the end the following new paragraph:

“(4) ENSURING ACCESS DURING COVID-19 PUBLIC HEALTH EMERGENCY PERIOD.—

“(A) IN GENERAL.—During the emergency period described in section 1135(g)(1)(B), subject to subparagraph (B), a prescription drug plan or MA–PD plan shall, notwithstanding any cost and utilization management, medication therapy management, or other such programs under this part, permit a part D eligible individual enrolled in such plan to obtain in a single fill or refill, at the option of such individual, the total day supply (not to exceed a 90-day supply) prescribed for such individual for a covered part D drug.

“(B) SAFETY EDIT EXCEPTION.—A prescription drug plan or MA–PD plan may not permit a part D eligible individual to obtain a single fill or refill inconsistent with an applicable safety edit.”.

(b) Implementation.—Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendment made by this section by program instruction or otherwise.

SEC. 70212. Extension of the work geographic index floor under the Medicare program.

Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w–4(e)(1)(E)) is amended by striking “May 23, 2020” and inserting “December 1, 2020”.

SEC. 70213. Extension of funding for quality measure endorsement, input, and selection.

(a) In general.—Section 1890(d)(2) of the Social Security Act (42 U.S.C. 1395aaa(d)(2)) is amended—

(1) in the first sentence, by striking “and $4,830,000 for the period beginning on October 1, 2019, and ending on May 22, 2020” and inserting “$25,170,000 for fiscal year 2020, and $5,013,699 for the period beginning on October 1, 2020, and ending on November 30, 2020”; and

(2) in the third sentence, by striking “for each of fiscal years 2018 and 2019 and for the period beginning on October 1, 2019, and ending on May 22, 2020” and inserting “for each of fiscal years 2018 through 2020 and for the period beginning on October 1, 2020, and ending on November 30, 2020”.

(b) Effective date.—The amendments made by subsection (a) shall take effect as if included in the enactment of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94).

SEC. 70214. Extension of funding outreach and assistance for low-income programs.

(a) Additional funding for State health insurance programs.—Subsection (a)(1)(B) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 (42 U.S.C. 1395b–3 note) is amended—

(1) in clause (xi), by striking “and” at the end;

(2) in clause (xii), by striking the period at the end and inserting a semicolon; and

(3) by inserting after clause (xii) the following new clauses:

“(xiii) for the period beginning on May 23, 2020, and ending on September 30, 2020, of $5,383,562; and

“(xiv) for the period beginning on October 1, 2020, and ending on November 30, 2020, of $2,506,849.”.

(b) Additional funding for area agencies on aging.—Subsection (b)(1)(B) of such section 119, as so amended, is amended—

(1) in clause (xi), by striking “and” at the end;

(2) in clause (xii), by striking the period at the end and inserting a semicolon; and

(3) by inserting after clause (xii) the following new clauses:

“(xiii) for the period beginning on May 23, 2020, and ending on September 30, 2020, of $5,383,562; and

“(xiv) for the period beginning on October 1, 2020, and ending on November 30, 2020, of $2,506,849.”.

(c) Additional funding for aging and disability resource centers.—Subsection (c)(1)(B) of such section 119, as so amended, is amended—

(1) in clause (xi), by striking “and” at the end;

(2) in clause (xii), by striking the period at the end and inserting a semicolon; and

(3) by inserting after clause (xii) the following new clauses:

“(xiii) for the period beginning on May 23, 2020, and ending on September 30, 2020, of $1,794,521; and

“(xiv) for the period beginning on October 1, 2020, and ending on November 30, 2020, of $835,616.”.

(d) Additional funding for contract with the national center for benefits and outreach enrollment.—Subsection (d)(2) of such section 119, as so amended, is amended—

(1) in clause (xi), by striking “and” at the end;

(2) in clause (xii), by striking the period at the end and inserting a semicolon; and

(3) by inserting after clause (xii) the following new clauses:

“(xiii) for the period beginning on May 23, 2020, and ending on September 30, 2020, of $5,383,562; and

“(xiv) for the period beginning on October 1, 2020, and ending on November 30, 2020, of $2,506,849.”.

SEC. 70301. Special enrollment period through Exchanges; Federal Exchange outreach and educational activities.

(a) Special enrollment period through Exchanges.—Section 1311(c) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c)) is amended—

(1) in paragraph (6)—

(A) in subparagraph (C), by striking at the end “and”;

(B) in subparagraph (D), by striking at the end the period and inserting “; and”; and

(C) by adding at the end the following new subparagraph:

“(E) subject to subparagraph (B) of paragraph (8), the special enrollment period described in subparagraph (A) of such paragraph.”; and

(2) by adding at the end the following new paragraph:

“(8) SPECIAL ENROLLMENT PERIOD FOR CERTAIN PUBLIC HEALTH EMERGENCY.—

“(A) IN GENERAL.—The Secretary shall, subject to subparagraph (B), require an Exchange to provide—

“(i) for a special enrollment period during the emergency period described in section 1135(g)(1)(B) of the Social Security Act—

“(I) which shall begin on the date that is one week after the date of the enactment of this paragraph and which, in the case of an Exchange established or operated by the Secretary within a State pursuant to section 1321(c), shall be an 8-week period; and

“(II) during which any individual who is otherwise eligible to enroll in a qualified health plan through the Exchange may enroll in such a qualified health plan; and

“(ii) that, in the case of an individual who enrolls in a qualified health plan through the Exchange during such enrollment period, the coverage period under such plan shall begin, at the option of the individual, on April 1, 2020, or on the first day of the month following the day the individual selects a plan through such special enrollment period.

“(B) EXCEPTION.—The requirement of subparagraph (A) shall not apply to a State-operated or State-established Exchange if such Exchange, prior to the date of the enactment of this paragraph, established or otherwise provided for a special enrollment period to address access to coverage under qualified health plans offered through such Exchange during the emergency period described in section 1135(g)(1)(B) of the Social Security Act.”.

(b) Federal Exchange outreach and educational activities.—Section 1321(c) of the Patient Protection and Affordable Care Act (42 U.S.C. 18041(c)) is amended by adding at the end the following new paragraph:

“(3) OUTREACH AND EDUCATIONAL ACTIVITIES.—

“(A) IN GENERAL.—In the case of an Exchange established or operated by the Secretary within a State pursuant to this subsection, the Secretary shall carry out outreach and educational activities for purposes of informing potential enrollees in qualified health plans offered through the Exchange of the availability of coverage under such plans and financial assistance for coverage under such plans. Such outreach and educational activities shall be provided in a manner that is culturally and linguistically appropriate to the needs of the populations being served by the Exchange (including hard-to-reach populations, such as racial and sexual minorities, limited English proficient populations, and young adults).

“(B) LIMITATION ON USE OF FUNDS.—No funds appropriated under this paragraph shall be used for expenditures for promoting non-ACA compliant health insurance coverage.

“(C) NON-ACA COMPLIANT HEALTH INSURANCE COVERAGE.—For purposes of subparagraph (B):

“(i) The term ‘non-ACA compliant health insurance coverage’ means health insurance coverage, or a group health plan, that is not a qualified health plan.

“(ii) Such term includes the following:

“(I) An association health plan.

“(II) Short-term limited duration insurance.

“(D) FUNDING.—Out of any funds in the Treasury not otherwise appropriated, there are hereby appropriated $25,000,000 to carry out this paragraph. Funds appropriated under this subparagraph shall remain available until expended.”.

(c) Implementation.—The Secretary of Health and Human Services may implement the provisions of (including amendments made by) this section through subregulatory guidance, program instruction, or otherwise.

SEC. 70302. Short-term limited duration insurance rule prohibition.

The Secretary of Health and Human Services, the Secretary of the Treasury, and the Secretary of Labor may not take any action to implement, enforce, or otherwise give effect to the rule entitled “Short-Term, Limited Duration Insurance” (83 Fed. Reg. 38212 (August 3, 2018)), and the Secretaries may not promulgate any substantially similar rule.

SEC. 70303. Rapid coverage of preventive services and vaccines for COVID-19.

(a) In general.—In the case of a qualifying COVID-19 preventive service, notwithstanding section 2713(b) of the Public Health Service Act (42 U.S.C. 300gg–13(b)) (including the regulations under section 2590.715–2713 of title 29, Code of Federal Regulations, section 54.9815–2713 of title 26, Code of Federal Regulations, and section 147.130 of title 45, Code of Federal Regulations), the Secretary of Health and Human Services, Secretary of Labor, and Secretary of the Treasury shall apply to group health plans and health insurance issuers offering group or individual health insurance coverage the requirement under section 2713(a) of the Public Health Service Act (42 U.S.C. 300gg–13(a)), with respect to such services, as if such section 2713(a)—

(1) required the coverage of such service under such plans and such coverage be effective not later than the specified date (as defined in subsection (b)(2)) with respect to such service; and

(2) applied to grandfathered health plans (as defined in section 1251(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18011(e))).

(b) Definitions.—For purposes of this section:

(1) QUALIFYING COVID-19 PREVENTIVE SERVICE.—The term “qualifying COVID-19 preventive service” means an item, service, or immunization that is intended to prevent or mitigate COVID-19 and that is—

(A) an evidence-based item or service that has in effect a rating of “A” or “B” in the current recommendations of the United States Preventive Services Task Force; or

(B) an immunization that has in effect a recommendation from the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention with respect to the individual involved.

(2) SPECIFIED DATE.—The term “specified date” means—

(A) with respect to a qualifying COVID-19 preventive service described in paragraph (1)(A), the date that is 15 business days after the date on which a rating, as described in such paragraph, is made with respect to such service; and

(B) with respect to a qualifying COVID-19 preventive service described in paragraph (1)(B), the date that is 15 business days after the date on which a recommendation, as described in such paragraph, is made relating to the service.

(3) ADDITIONAL TERMS.—The terms “group health plan”; “health insurance issuer”; “group health insurance coverage”, and “individual health insurance coverage” have the meanings given such terms in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91), section 733 of the Employee Retirement Income Security Act (29 U.S.C. 1191b), and section 9832 of the Internal Revenue Code of 1986, as applicable.

(c) Implementation.—The Secretary of Health and Human Services, Secretary of Labor, and Secretary of the Treasury may implement the provisions of this section through program instruction, subregulatory guidance, or otherwise.

SEC. 70304. Coverage of COVID-19 related treatment at no cost sharing.

(a) In general.—A group health plan and a health insurance issuer offering group or individual health insurance coverage (including a grandfathered health plan (as defined in section 1251(e) of the Patient Protection and Affordable Care Act)) shall provide coverage, and shall not impose any cost sharing (including deductibles, copayments, and coinsurance) requirements, for the following items and services furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g)) beginning on or after the date of the enactment of this Act:

(1) Medically necessary items and services (including in-person or telehealth visits in which such items and services are furnished) that are furnished to an individual who has been diagnosed with (or after provision of the items and services is diagnosed with) COVID-19 to treat or mitigate the effects of COVID-19.

(2) Medically necessary items and services (including in-person or telehealth visits in which such items and services are furnished) that are furnished to an individual who is presumed to have COVID-19 but is never diagnosed as such, if the following conditions are met:

(A) Such items and services are furnished to the individual to treat or mitigate the effects of COVID-19 or to mitigate the impact of COVID-19 on society.

(B) Health care providers have taken appropriate steps under the circumstances to make a diagnosis, or confirm whether a diagnosis was made, with respect to such individual, for COVID-19, if possible.

(b) Items and services related to COVID-19.—For purposes of this section—

(1) not later than one week after the date of the enactment of this section, the Secretary of Health and Human Services, Secretary of Labor, and Secretary of the Treasury shall jointly issue guidance specifying applicable diagnoses and medically necessary items and services related to COVID-19; and

(2) such items and services shall include all items or services that are relevant to the treatment or mitigation of COVID-19, regardless of whether such items or services are ordinarily covered under the terms of a group health plan or group or individual health insurance coverage offered by a health insurance issuer.

(c) Reimbursement to plans and coverage for waiving cost-Sharing.—

(1) IN GENERAL.—A group health plan or a health insurance issuer offering group or individual health insurance coverage (including a grandfathered health plan (as defined in section 1251(e) of the Patient Protection and Affordable Care Act)) that does not impose cost sharing requirements as described in subsection (a) shall notify the Secretary of Health and Human Services, Secretary of Labor, and Secretary of the Treasury (through a joint process established jointly by the Secretaries) of the total dollar amount of cost-sharing that, but for the application of subsection (a), would have been required under such plans and coverage for items and services related to COVID-19 furnished during the period to which subsection (a) applies to enrollees, participants, and beneficiaries in the plan or coverage to whom such subsection applies, but which was not imposed for such items and services so furnished pursuant to such subsection and the Secretary of Health and Human Services, in coordination with the Secretary of Labor and the Secretary of the Treasury, shall make payments in accordance with this subsection to the plan or issuer equal to such total dollar amount.

(2) METHODOLOGY FOR PAYMENTS.—The Secretary of Health and Human Service, in coordination with the Secretary of Labor and the Secretary of the Treasury shall establish a payment system for making payments under this subsection. Any such system shall make payment for the value of cost sharing not imposed by the plan or issuer involved.

(3) TIMING OF PAYMENTS.—Payments made under paragraph (1) shall be made no later than May 1, 2021, for amounts of cost sharing waivers with respect to 2020. Payments under this subsection with respect to such waivers with respect to a year subsequent to 2020 that begins during the period to which subsection (a) applies shall be made no later than May of the year following such subsequent year.

(4) APPROPRIATIONS.—There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, such funds as are necessary to carry out this subsection.

(d) Enforcement.—

(1) APPLICATION WITH RESPECT TO PHSA, ERISA, AND IRC.—The provisions of this section shall be applied by the Secretary of Health and Human Services, Secretary of Labor, and Secretary of the Treasury to group health plans and health insurance issuers offering group or individual health insurance coverage as if included in the provisions of part A of title XXVII of the Public Health Service Act, part 7 of the Employee Retirement Income Security Act of 1974, and subchapter B of chapter 100 of the Internal Revenue Code of 1986, as applicable.

(2) PRIVATE RIGHT OF ACTION.—An individual with respect to whom an action is taken by a group health plan or health insurance issuer offering group or individual health insurance coverage in violation of subsection (a) may commence a civil action against the plan or issuer for appropriate relief. The previous sentence shall not be construed as limiting any enforcement mechanism otherwise applicable pursuant to paragraph (1).

(e) Implementation.—The Secretary of Health and Human Services, Secretary of Labor, and Secretary of the Treasury may implement the provisions of this section through sub-regulatory guidance, program instruction or otherwise.

(f) Terms.—The terms “group health plan”; “health insurance issuer”; “group health insurance coverage”, and “individual health insurance coverage” have the meanings given such terms in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91), section 733 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b), and section 9832 of the Internal Revenue Code of 1986, as applicable.

SEC. 70305. Requiring prescription drug refill notifications during emergencies.

(a) ERISA.—

(1) IN GENERAL.—Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section:

“SEC. 716. Provision of prescription drug refill notifications during emergencies.

“(a) In general.—A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, that provides benefits for prescription drugs under such plan or such coverage shall provide to each individual enrolled under such plan or such coverage who resides in an emergency area during an emergency period, not later than 5 business days after the date of the beginning of such period with respect to such area (or, the case of the emergency period described in section 70305(d)(2) of the Take Responsibility for Workers and Families Act, not later than 5 business days after the date of the enactment of this section), a notification—

“(1) of whether such plan or coverage will waive, during such period with respect to such an individual, any time restrictions under such plan or coverage on any authorized refills for such drugs to enable such refills in advance of when such refills would otherwise have been permitted under such plan or coverage; and

“(2) in the case that such plan or coverage will waive such restrictions during such period with respect to such an individual, that contains information on how such an individual may obtain such a refill.

“(b) Emergency area; emergency period.—For purposes of this section, an ‘emergency area’ is a geographical area in which, and an ‘emergency period’ is the period during which, there exists—

“(1) an emergency or disaster declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and

“(2) a public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act.”.

(2) CLERICAL AMENDMENT.—The table of contents of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 714 the following:


“Sec. 715. Additional market reforms.

“Sec. 716. Provision of prescription drug refill notifications during emergencies.”.

(b) PHSA.—Subpart II of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–11 et seq.) is amended by adding at the end the following new section:

“SEC. 2730. Provision of prescription drug refill notifications during emergencies.

“(a) In general.—A group health plan, and a health insurance issuer offering group or individual health insurance coverage, that provides benefits for prescription drugs under such plan or such coverage shall provide to each individual enrolled under such plan or such coverage who resides in an emergency area during an emergency period, not later than 5 business days after the date of the beginning of such period with respect to such area (or, the case of the emergency period described in section 70305(d)(2) of the Take Responsibility for Workers and Families Act, not later than 5 business days after the date of the enactment of this section), a notification—

“(1) of whether such plan or coverage will waive, during such period with respect to such an individual, any time restrictions under such plan or coverage on any authorized refills for such drugs to enable such refills in advance of when such refills would otherwise have been permitted under such plan or coverage; and

“(2) in the case that such plan or coverage will waive such restrictions during such period with respect to such an individual, that contains information on how such an individual may obtain such a refill.

“(b) Emergency area; emergency period.—For purposes of this section, an ‘emergency area’ is a geographical area in which, and an ‘emergency period’ is the period during which, there exists—

“(1) an emergency or disaster declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and

“(2) a public health emergency declared by the Secretary pursuant to section 319.”.

(c) IRC.—

(1) IN GENERAL.—Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

“SEC. 9816. Provision of prescription drug refill notifications during emergencies.

“(a) In general.—A group health plan that provides benefits for prescription drugs under such plan shall provide to each individual enrolled under such plan who resides in an emergency area during an emergency period, not later than 5 business days after the date of the beginning of such period with respect to such area (or, the case of the emergency period described in section 70305(d)(2) of the Take Responsibility for Workers and Families Act, not later than 5 business days after the date of the enactment of this section), a notification—

“(1) of whether such plan will waive, during such period with respect to such an individual, any time restrictions under such plan on any authorized refills for such drugs to enable such refills in advance of when such refills would otherwise have been permitted under such plan; and

“(2) in the case that such plan will waive such restrictions during such period with respect to such an individual, that contains information on how such an individual may obtain such a refill.

“(b) Emergency area; emergency period.—For purposes of this section, an ‘emergency area’ is a geographical area in which, and an ‘emergency period’ is the period during which, there exists—

“(1) an emergency or disaster declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and

“(2) a public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act.”.

(2) CLERICAL AMENDMENT.—The table of sections for subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:


“Sec. 9816. Provision of prescription drug refill notifications during emergencies.”.

(d) Effective date.—The amendments made by this section shall apply with respect to—

(1) emergency periods beginning on or after the date of the enactment of this Act; and

(2) the emergency period relating to the public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act on January 31, 2020, entitled “Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus”.

SEC. 70306. Improvement of certain notifications provided to qualified beneficiaries by group health plans in the case of qualifying events.

(a) Employee Retirement Income Security Act of 1974.—

(1) IN GENERAL.—Section 606 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166) is amended—

(A) in subsection (a)(4), in the matter following subparagraph (B), by striking “under this subsection” and inserting “under this part in accordance with the notification requirements under subsection (c)”; and

(B) in subsection (c)—

(i) by striking “For purposes of subsection (a)(4), any notification” and inserting For purposes of subsection (a)(4)—

“(1) any notification”;

(ii) by striking “, whichever is applicable, and any such notification” and inserting of subsection (a), whichever is applicable;

“(2) any such notification”; and

(iii) by striking “such notification is made” and inserting such notification is made; and

“(3) any such notification shall, with respect to each qualified beneficiary with respect to whom such notification is made, include information regarding any Exchange established under title I of the Patient Protection and Affordable Care Act through which such a qualified beneficiary may be eligible to enroll in a qualified health plan (as defined in section 1301 of the Patient Protection and Affordable Care Act), including—

“(A) the publicly accessible Internet website address for such Exchange;

“(B) the publicly accessible Internet website address for the Find Local Help directory maintained by the Department of Health and Human Services on the healthcare.gov Internet website (or a successor website);

“(C) a clear explanation that—

“(i) an individual who is eligible for continuation coverage may also be eligible to enroll, with financial assistance, in a qualified health plan offered through such Exchange, but, in the case that such individual elects to enroll in such continuation coverage and subsequently elects to terminate such continuation coverage before the period of such continuation coverage expires, such individual will not be eligible to enroll in a qualified health plan offered through such Exchange during a special enrollment period; and

“(ii) an individual who elects to enroll in continuation coverage will remain eligible to enroll in a qualified health plan offered through such Exchange during an open enrollment period and may be eligible for financial assistance with respect to enrolling in such a qualified health plan;

“(D) information on consumer protections with respect to enrolling in a qualified health plan offered through such Exchange, including the requirement for such a qualified health plan to provide coverage for essential health benefits (as defined in section 1302(b) of the Patient Protection and Affordable Care Act) and the requirements applicable to such a qualified health plan under part A of title XXVII of the Public Health Service Act; and

“(E) information on the availability of financial assistance with respect to enrolling in a qualified health plan, including the maximum income limit for eligibility for a premium tax credit under section 36B of the Internal Revenue Code of 1986.”.

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply with respect to qualifying events occurring on or after the date that is 14 days after the date of the enactment of this Act.

(b) Public Health Service Act.—

(1) IN GENERAL.—Section 2206 of the Public Health Service Act (42 U.S.C. 300bb–6) is amended—

(A) by striking “In accordance” and inserting the following:

“(a) In general.—In accordance”;

(B) by striking “of such beneficiary’s rights under this subsection” and inserting “of such beneficiary’s rights under this title in accordance with the notification requirements under subsection (b)”; and

(C) by striking “For purposes of paragraph (4),” and all that follows through “such notification is made.” and inserting the following:

“(b) Rules relating to notification of qualified beneficiaries by plan administrator.—For purposes of subsection (a)(4)—

“(1) any notification shall be made within 14 days of the date on which the plan administrator is notified under paragraph (2) or (3) of subsection (a), whichever is applicable;

“(2) any such notification to an individual who is a qualified beneficiary as the spouse of the covered employee shall be treated as notification to all other qualified beneficiaries residing with such spouse at the time such notification is made; and

“(3) any such notification shall, with respect to each qualified beneficiary with respect to whom such notification is made, include information regarding any Exchange established under title I of the Patient Protection and Affordable Care Act through which such a qualified beneficiary may be eligible to enroll in a qualified health plan (as defined in section 1301 of the Patient Protection and Affordable Care Act), including—

“(A) the publicly accessible Internet website address for such Exchange;

“(B) the publicly accessible Internet website address for the Find Local Help directory maintained by the Department of Health and Human Services on the healthcare.gov Internet website (or a successor website);

“(C) a clear explanation that—

“(i) an individual who is eligible for continuation coverage may also be eligible to enroll, with financial assistance, in a qualified health plan offered through such Exchange, but, in the case that such individual elects to enroll in such continuation coverage and subsequently elects to terminate such continuation coverage before the period of such continuation coverage expires, such individual will not be eligible to enroll in a qualified health plan offered through such Exchange during a special enrollment period; and

“(ii) an individual who elects to enroll in continuation coverage will remain eligible to enroll in a qualified health plan offered through such Exchange during an open enrollment period and may be eligible for financial assistance with respect to enrolling in such a qualified health plan;

“(D) information on consumer protections with respect to enrolling in a qualified health plan offered through such Exchange, including the requirement for such a qualified health plan to provide coverage for essential health benefits (as defined in section 1302(b) of the Patient Protection and Affordable Care Act) and the requirements applicable to such a qualified health plan under part A of title XXVII; and

“(E) information on the availability of financial assistance with respect to enrolling in a qualified health plan, including the maximum income limit for eligibility for a premium tax credit under section 36B of the Internal Revenue Code of 1986.”.

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply with respect to qualifying events occurring on or after the date that is 14 days after the date of the enactment of this Act.

(c) Internal Revenue Code of 1986.—

(1) IN GENERAL.—Section 4980B(f)(6) of the Internal Revenue Code of 1986 is amended—

(A) in subparagraph (D)—

(i) in clause (ii), by striking “under subparagraph (C)” and inserting “under clause (iii)”; and

(ii) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving the margin of each such subclause, as so redesignated, 2 ems to the right;

(B) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and moving the margin of each such clause, as so redesignated, 2 ems to the right;

(C) by striking “In accordance” and inserting the following:

“(A) IN GENERAL.—In accordance”;

(D) by inserting after “of such beneficiary’s rights under this subsection” the following: “in accordance with the notification requirements under subparagraph (C)”; and

(E) by striking “The requirements of subparagraph (B)” and all that follows through “such notification is made.” and inserting the following:

“(B) ALTERNATIVE MEANS OF COMPLIANCE WITH REQUIREMENT FOR NOTIFICATION OF MULTIEMPLOYER PLANS BY EMPLOYERS.—The requirements of subparagraph (A)(ii) shall be considered satisfied in the case of a multiemployer plan in connection with a qualifying event described in paragraph (3)(B) if the plan provides that the determination of the occurrence of such qualifying event will be made by the plan administrator.

“(C) RULES RELATING TO NOTIFICATION OF QUALIFIED BENEFICIARIES BY PLAN ADMINISTRATOR.—For purposes of subparagraph (A)(iv)—

“(i) any notification shall be made within 14 days (or, in the case of a group health plan which is a multiemployer plan, such longer period of time as may be provided in the terms of the plan) of the date on which the plan administrator is notified under clause (ii) or (iii) of subparagraph (A), whichever is applicable;

“(ii) any such notification to an individual who is a qualified beneficiary as the spouse of the covered employee shall be treated as notification to all other qualified beneficiaries residing with such spouse at the time such notification is made; and

“(iii) any such notification shall, with respect to each qualified beneficiary with respect to whom such notification is made, include information regarding any Exchange established under title I of the Patient Protection and Affordable Care Act through which such a qualified beneficiary may be eligible to enroll in a qualified health plan (as defined in section 1301 of the Patient Protection and Affordable Care Act), including—

“(I) the publicly accessible Internet website address for such Exchange;

“(II) the publicly accessible Internet website address for the Find Local Help directory maintained by the Department of Health and Human Services on the healthcare.gov Internet website (or a successor website);

“(III) a clear explanation that—

“(aa) an individual who is eligible for continuation coverage may also be eligible to enroll, with financial assistance, in a qualified health plan offered through such Exchange, but, in the case that such individual elects to enroll in such continuation coverage and subsequently elects to terminate such continuation coverage before the period of such continuation coverage expires, such individual will not be eligible to enroll in a qualified health plan offered through such Exchange during a special enrollment period; and

“(bb) an individual who elects to enroll in continuation coverage will remain eligible to enroll in a qualified health plan offered through such Exchange during an open enrollment period and may be eligible for financial assistance with respect to enrolling in such a qualified health plan;

“(IV) information on consumer protections with respect to enrolling in a qualified health plan offered through such Exchange, including the requirement for such a qualified health plan to provide coverage for essential health benefits (as defined in section 1302(b) of the Patient Protection and Affordable Care Act) and the requirements applicable to such a qualified health plan under part A of title XXVII of the Public Health Service Act; and

“(V) information on the availability of financial assistance with respect to enrolling in a qualified health plan, including the maximum income limit for eligibility for a premium tax credit under section 36B.”.

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply with respect to qualifying events occurring on or after the date that is 14 days after the date of the enactment of this Act.

(d) Model notices.—Not later than 14 days after the date of the enactment of this Act, the Secretary of the Labor, in consultation with the Secretary of the Treasury and the Secretary of Health and Human Services, shall—

(1) update the model Consolidated Omnibus Budget Reconciliation Act of 1985 (referred to in this subsection as “COBRA”) continuation coverage general notice and the model COBRA continuation coverage election notice developed by the Secretary of Labor for purposes of facilitating compliance of group health plans with the notification requirements under section 606 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166) to include the information described in paragraph (3) of subsection (c) of such section 606, as added by subsection (a)(1);

(2) provide an opportunity for consumer testing of each such notice, as so updated, to ensure that each such notice is clear and understandable to the average participant or beneficiary of a group health plan; and

(3) rename the model COBRA continuation coverage general notice and the model COBRA continuation coverage election notice as the “model COBRA continuation coverage and Affordable Care Act coverage general notice” and the “model COBRA continuation coverage and Affordable Care Act coverage election notice”, respectively.

SEC. 70307. Preserving health benefits for workers.

(a) Premium assistance for COBRA continuation coverage for individuals and their families.—

(1) PROVISION OF PREMIUM ASSISTANCE.—

(A) REDUCTION OF PREMIUMS PAYABLE.—In the case of any premium for a period of coverage beginning on or after the date of the enactment of this Act for COBRA continuation coverage with respect to any assistance eligible individual, such individual shall be treated for purposes of any COBRA continuation provision as having paid the amount of such premium if such individual pays (or a person other than such individual’s employer pays on behalf of such individual) 0 percent of the amount of such premium (as determined without regard to this subsection).

(B) PLAN ENROLLMENT OPTION.—

(i) IN GENERAL.—Notwithstanding the COBRA continuation provisions, an assistance eligible individual may, not later than 90 days after the date of notice of the plan enrollment option described in this subparagraph, elect to enroll in coverage under a plan offered by the employer involved, or the employee organization involved (including, for this purpose, a joint board of trustees of a multiemployer trust affiliated with one or more multiemployer plans), that is different than coverage under the plan in which such individual was enrolled at the time the qualifying event occurred, and such coverage shall be treated as COBRA continuation coverage for purposes of the applicable COBRA continuation coverage provision.

(ii) REQUIREMENTS.—An assistance eligible individual may elect to enroll in different coverage as described in clause (i) only if—

(I) the employer involved has made a determination that such employer will permit assistance eligible individuals to enroll in different coverage as provided for this subparagraph;

(II) the premium for such different coverage does not exceed the premium for coverage in which the individual was enrolled at the time the qualifying event occurred;

(III) the different coverage in which the individual elects to enroll is coverage that is also offered to the active employees of the employer at the time at which such election is made; and

(IV) the different coverage is not—

(aa) coverage that provides only dental, vision, counseling, or referral services (or a combination of such services);

(bb) a flexible spending arrangement (as defined in section 106(c)(2) of the Internal Revenue Code of 1986); or

(cc) coverage that provides coverage for services or treatments furnished in an on-site medical facility maintained by the employer and that consists primarily of first-aid services, prevention and wellness care, or similar care (or a combination of such care).

(C) PREMIUM REIMBURSEMENT.—For provisions providing the payment of such premium, see section 6432 of the Internal Revenue Code of 1986, as added by paragraph (12).

(2) LIMITATION OF PERIOD OF PREMIUM ASSISTANCE.—

(A) ELIGIBILITY FOR ADDITIONAL COVERAGE.—Paragraph (1)(A) shall not apply with respect to any assistance eligible individual for months of coverage beginning on or after—

(i) the earlier of the first date that such individual is eligible for coverage under any other group health plan (other than coverage consisting of only dental, vision, counseling, or referral services (or a combination thereof), coverage under a flexible spending arrangement (as defined in section 106(c)(2) of the Internal Revenue Code of 1986), coverage of treatment that is furnished in an on-site medical facility maintained by the employer and that consists primarily of first-aid services, prevention and wellness care, or similar care (or a combination thereof)), is eligible for benefits under title XVIII of the Social Security Act, or enrolls in a qualified health plan (as defined in section 1301(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18021(a)) offered through an Exchange established under title I of the Patient Protection and Affordable Care Act; and

(ii) the earliest of—

(I) the date which is 9 months after the first day of the first month that paragraph (1)(A) applies with respect to such individual;

(II) the date following the expiration of the maximum period of continuation coverage required under the applicable COBRA continuation coverage provision; or

(III) the date following the expiration of the period of continuation coverage allowed under paragraph (4)(B)(ii).

(B) TIMING OF ELIGIBILITY FOR ADDITIONAL COVERAGE.—For purposes of subparagraph (A)(i), an individual shall not be treated as eligible for coverage under a group health plan before the first date on which such individual could be covered under such plan.

(C) NOTIFICATION REQUIREMENT.—An assistance eligible individual shall notify in writing the group health plan with respect to which paragraph (1)(A) applies if such paragraph ceases to apply by reason of subparagraph (A)(i). Such notice shall be provided to the group health plan in such time and manner as may be specified by the Secretary of Labor.

(3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For purposes of this section, the term “assistance eligible individual” means any qualified beneficiary if—

(A) at any time during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)) such qualified beneficiary is eligible for COBRA continuation coverage by reason of qualifying event specified in section 603(2) of the Employee Retirement Income Security Act of 1974, section 4980B(f)(3)(B) of the Internal Revenue Code of 1986, section 2203(2) of the Public Health Service Act, or section 8905a of title 5, United States Code; and

(B) such qualified beneficiary elects such coverage.

(4) EXTENSION OF ELECTION PERIOD AND EFFECT ON COVERAGE.—

(A) IN GENERAL.—For purposes of applying section 605(a) of the Employee Retirement Income Security Act of 1974, section 4980B(f)(5)(A) of the Internal Revenue Code of 1986, section 2205(a) of the Public Health Service Act, and section 8905a(c)(2) of title 5, United States Code, in the case of—

(i) an individual who does not have an election of COBRA continuation coverage in effect on the date of the enactment of this Act but who would be an assistance eligible individual if such election were so in effect; or

(ii) an individual who elected COBRA continuation coverage on or after the first date of the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)) and disenrolled from such coverage before the date of the enactment of this Act;

such individual may elect the COBRA continuation coverage under the COBRA continuation coverage provisions containing such sections during the period beginning on the date of the enactment of this Act and ending 60 days after the date on which the notification required under paragraph (7)(C) is provided to such individual.

(B) COMMENCEMENT OF COVERAGE; NO REACH-BACK.—Any COBRA continuation coverage elected by a qualified beneficiary during an extended election period under subparagraph (A)—

(i) shall commence with the first period of coverage beginning on or after the date of the enactment of this Act; and

(ii) shall not extend beyond the period of COBRA continuation coverage that would have been required under the applicable COBRA continuation coverage provision if the coverage had been elected as required under such provision.

(5) EXPEDITED REVIEW OF DENIALS OF PREMIUM ASSISTANCE.—In any case in which an individual requests treatment as an assistance eligible individual and is denied such treatment by the group health plan, the Secretary of Labor (or the Secretary of Health and Human Services in connection with COBRA continuation coverage which is provided other than pursuant to part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974), in consultation with the Secretary of the Treasury, shall provide for expedited review of such denial. An individual shall be entitled to such review upon application to such Secretary in such form and manner as shall be provided by such Secretary. Such Secretary shall make a determination regarding such individual's eligibility within 15 business days after receipt of such individual's application for review under this paragraph. Either Secretary's determination upon review of the denial shall be de novo and shall be the final determination of such Secretary. A reviewing court shall grant deference to such Secretary's determination. The provisions of this paragraph, paragraphs (1) through (4), and paragraph (7) shall be treated as provisions of title I of the Employee Retirement Income Security Act of 1974 for purposes of part 5 of subtitle B of such title.

(6) DISREGARD OF SUBSIDIES FOR PURPOSES OF FEDERAL AND STATE PROGRAMS.—Notwithstanding any other provision of law, any premium reduction with respect to an assistance eligible individual under this subsection shall not be considered income or resources in determining eligibility for, or the amount of assistance or benefits provided under, any other public benefit provided under Federal law or the law of any State or political subdivision thereof.

(7) NOTICES TO INDIVIDUALS.—

(A) GENERAL NOTICE.—

(i) IN GENERAL.—In the case of notices provided under section 606(a)(4) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) of the Internal Revenue Code of 1986, section 2206(4) of the Public Health Service Act (42 U.S.C. 300bb–6(4)), or section 8905a(f)(2)(A) of title 5, United States Code, with respect to individuals who, during the period described in paragraph (3)(A), become entitled to elect COBRA continuation coverage, the requirements of such sections shall not be treated as met unless such notices include an additional notification to the recipient of—

(I) the availability of premium reduction with respect to such coverage under this subsection; and

(II) the option to enroll in different coverage if the employer permits assistance eligible individuals to elect enrollment in different coverage (as described in paragraph (1)(B)).

(ii) ALTERNATIVE NOTICE.—In the case of COBRA continuation coverage to which the notice provision under such sections does not apply, the Secretary of Labor, in consultation with the Secretary of the Treasury and the Secretary of Health and Human Services, shall, in consultation with administrators of the group health plans (or other entities) that provide or administer the COBRA continuation coverage involved, provide rules requiring the provision of such notice.

(iii) FORM.—The requirement of the additional notification under this subparagraph may be met by amendment of existing notice forms or by inclusion of a separate document with the notice otherwise required.

(B) SPECIFIC REQUIREMENTS.—Each additional notification under subparagraph (A) shall include—

(i) the forms necessary for establishing eligibility for premium reduction under this subsection;

(ii) the name, address, and telephone number necessary to contact the plan administrator and any other person maintaining relevant information in connection with such premium reduction;

(iii) a description of the extended election period provided for in paragraph (4)(A);

(iv) a description of the obligation of the qualified beneficiary under paragraph (2)(C) to notify the plan providing continuation coverage of eligibility for subsequent coverage under another group health plan or eligibility for benefits under title XVIII of the Social Security Act and the penalty provided under section 6720C of the Internal Revenue Code of 1986 for failure to so notify the plan;

(v) a description, displayed in a prominent manner, of the qualified beneficiary's right to a reduced premium and any conditions on entitlement to the reduced premium;

(vi) a description of the option of the qualified beneficiary to enroll in different coverage if the employer permits such beneficiary to elect to enroll in such different coverage under paragraph (1)(B);

(vii) information regarding any Exchange established under title I of the Patient Protection and Affordable Care Act through which a qualified beneficiary may be eligible to enroll in a qualified health plan, including—

(I) the publicly accessible internet website address for such Exchange;

(II) the publicly accessible internet website address for the Find Local Help directory maintained by the Department of Health and Human Services on the healthcare.gov internet website (or a successor website);

(III) a clear explanation that—

(aa) an individual who is eligible for continuation coverage may also be eligible to enroll, with financial assistance, in a qualified health plan offered through such Exchange, but, in the case that such individual elects to enroll in such continuation coverage and subsequently elects to terminate such continuation coverage before the period of such continuation coverage expires, such individual will not be eligible to enroll in a qualified health plan offered through such Exchange during a special enrollment period; and

(bb) an individual who elects to enroll in continuation coverage will remain eligible to enroll in a qualified health plan offered through such Exchange during an open enrollment period and may be eligible for financial assistance with respect to enrolling in such a qualified health plan;

(IV) information on consumer protections with respect to enrolling in a qualified health plan offered through such Exchange, including the requirement for such a qualified health plan to provide coverage for essential health benefits (as defined in section 1302(b) of such Act (42 U.S.C. 18022(b))) and the requirements applicable to such a qualified health plan under part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.); and

(V) information on the availability of financial assistance with respect to enrolling in a qualified health plan, including the maximum income limit for eligibility for a premium tax credit under section 36B of the Internal Revenue Code of 1986.

(C) NOTICE IN CONNECTION WITH EXTENDED ELECTION PERIODS.—In the case of any assistance eligible individual (or any individual described in paragraph (4)(A)) who became entitled to elect COBRA continuation coverage before the date of the enactment of this Act, the administrator of the group health plan (or other entity) involved shall provide (within 60 days after the date of enactment of this Act) for the additional notification required to be provided under subparagraph (A) and failure to provide such notice shall be treated as a failure to meet the notice requirements under the applicable COBRA continuation provision.

(D) MODEL NOTICES.—Not later than 30 days after the date of enactment of this Act—

(i) the Secretary of the Labor, in consultation with the Secretary of the Treasury and the Secretary of Health and Human Services, shall prescribe models for the additional notification required under this paragraph (other than the additional notification described in clause (ii)); and

(ii) in the case of any additional notification provided pursuant to subparagraph (A) under section 8905a(f)(2)(A) of title 5, United States Code, the Office of Personnel Management shall prescribe a model for such additional notification.

(8) REGULATIONS.—The Secretary of the Treasury may prescribe such regulations or other guidance as may be necessary or appropriate to carry out the provisions of this subsection, including the prevention of fraud and abuse under this subsection, except that the Secretary of Labor and the Secretary of Health and Human Services may prescribe such regulations (including interim final regulations) or other guidance as may be necessary or appropriate to carry out the provisions of paragraphs (5), (7), and (9).

(9) OUTREACH.—The Secretary of Labor, in consultation with the Secretary of the Treasury and the Secretary of Health and Human Services, shall provide outreach consisting of public education and enrollment assistance relating to premium reduction provided under this subsection. Such outreach shall target employers, group health plan administrators, public assistance programs, States, insurers, and other entities as determined appropriate by such Secretaries. Such outreach shall include an initial focus on those individuals electing continuation coverage who are referred to in paragraph (7)(C). Information on such premium reduction, including enrollment, shall also be made available on websites of the Departments of Labor, Treasury, and Health and Human Services.

(10) DEFINITIONS.—For purposes of this section:

(A) ADMINISTRATOR.—The term “administrator” has the meaning given such term in section 3(16)(A) of the Employee Retirement Income Security Act of 1974.

(B) COBRA CONTINUATION COVERAGE.—The term “COBRA continuation coverage” means continuation coverage provided pursuant to part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (other than under section 609), title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986 (other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines), or section 8905a of title 5, United States Code, or under a State program that provides comparable continuation coverage. Such term does not include coverage under a health flexible spending arrangement under a cafeteria plan within the meaning of section 125 of the Internal Revenue Code of 1986.

(C) COBRA CONTINUATION PROVISION.—The term “COBRA continuation provision” means the provisions of law described in subparagraph (B).

(D) COVERED EMPLOYEE.—The term “covered employee” has the meaning given such term in section 607(2) of the Employee Retirement Income Security Act of 1974.

(E) QUALIFIED BENEFICIARY.—The term “qualified beneficiary” has the meaning given such term in section 607(3) of the Employee Retirement Income Security Act of 1974.

(F) GROUP HEALTH PLAN.—The term “group health plan” has the meaning given such term in section 607(1) of the Employee Retirement Income Security Act of 1974.

(G) STATE.—The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(H) PERIOD OF COVERAGE.—Any reference in this subsection to a period of coverage shall be treated as a reference to a monthly or shorter period of coverage with respect to which premiums are charged with respect to such coverage.

(11) REPORTS.—

(A) INTERIM REPORT.—The Secretary of the Treasury shall submit an interim report to the Committee on Education and Labor, the Committee on Ways and Means, and the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate regarding the premium reduction provided under this subsection that includes—

(i) the number of individuals provided such assistance as of the date of the report; and

(ii) the total amount of expenditures incurred (with administrative expenditures noted separately) in connection with such assistance as of the date of the report.

(B) FINAL REPORT.—As soon as practicable after the last period of COBRA continuation coverage for which premium reduction is provided under this section, the Secretary of the Treasury shall submit a final report to each Committee referred to in subparagraph (A) that includes—

(i) the number of individuals provided premium reduction under this section;

(ii) the average dollar amount (monthly and annually) of premium reductions provided to such individuals; and

(iii) the total amount of expenditures incurred (with administrative expenditures noted separately) in connection with premium reduction under this section.

(12) COBRA PREMIUM ASSISTANCE.—

(A) IN GENERAL.—Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

“SEC. 6432. COBRA premium assistance.

“(a) In general.—The person to whom premiums are payable under COBRA continuation coverage shall be reimbursed as provided in subsection (c) for the amount of premiums not paid by assistance eligible individuals by reason of section 70307 of the Take Responsibility for Workers and Families Act.

“(b) Person Entitled to Reimbursement.—For purposes of subsection (a), except as otherwise provided by the Secretary, the person to whom premiums are payable under COBRA continuation coverage shall be treated as being—

“(1) in the case of any group health plan which is a multiemployer plan (as defined in section 3(37) of the Employee Retirement Income Security Act of 1974), the plan,

“(2) in the case of any group health plan not described in paragraph (1)—

“(A) which is subject to the COBRA continuation provisions contained in—

“(i) this title,

“(ii) the Employee Retirement Income Security Act of 1974,

“(iii) the Public Health Service Act, or

“(iv) title 5, United States Code, or

“(B) under which some or all of the coverage is not provided by insurance,

the employer maintaining the plan, and

“(3) in the case of any group health plan not described in paragraph (1) or (2), the insurer providing the coverage under the group health plan.

“(c) Method of Reimbursement.—Except as otherwise provided by the Secretary—

“(1) TREATMENT AS PAYMENT OF PAYROLL TAXES.—Each person entitled to reimbursement under subsection (a) (and filing a claim for such reimbursement at such time and in such manner as the Secretary may require) shall be treated for purposes of this title and section 1324(b)(2) of title 31, United States Code, as having paid to the Secretary, on the date that the assistance eligible individual’s premium payment is received, payroll taxes in an amount equal to the portion of such reimbursement which relates to such premium. To the extent that the amount treated as paid under the preceding sentence exceeds the amount of such person's liability for such taxes, the Secretary shall credit or refund such excess in the same manner as if it were an overpayment of such taxes.

“(2) OVERSTATEMENTS.—Any overstatement of the reimbursement to which a person is entitled under this section (and any amount paid by the Secretary as a result of such overstatement) shall be treated as an underpayment of payroll taxes by such person and may be assessed and collected by the Secretary in the same manner as payroll taxes.

“(3) REIMBURSEMENT CONTINGENT ON PAYMENT OF REMAINING PREMIUM.—No reimbursement may be made under this section to a person with respect to any assistance eligible individual until after the reduced premium required under section 70307 of such Act with respect to such individual has been received.

“(d) Definitions.—For purposes of this section—

“(1) PAYROLL TAXES.—The term ‘payroll taxes’ means—

“(A) amounts required to be deducted and withheld for the payroll period under section 3402 (relating to wage withholding),

“(B) amounts required to be deducted for the payroll period under section 3102 (relating to FICA employee taxes), and

“(C) amounts of the taxes imposed for the payroll period under section 3111 (relating to FICA employer taxes).

“(2) PERSON.—The term ‘person’ includes any governmental entity.

“(e) Reporting.—Each person entitled to reimbursement under subsection (a) for any period shall submit such reports (at such time and in such manner) as the Secretary may require, including—

“(1) an attestation of involuntary termination of employment for each covered employee on the basis of whose termination entitlement to reimbursement is claimed under subsection (a),

“(2) a report of the amount of payroll taxes offset under subsection (a) for the reporting period and the estimated offsets of such taxes for the subsequent reporting period in connection with reimbursements under subsection (a), and

“(3) a report containing the TINs of all covered employees, the amount of subsidy reimbursed with respect to each covered employee and qualified beneficiaries, and a designation with respect to each covered employee as to whether the subsidy reimbursement is for coverage of 1 individual or 2 or more individuals.

“(f) Regulations.—The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out this section, including—

“(1) the requirement to report information or the establishment of other methods for verifying the correct amounts of reimbursements under this section, and

“(2) the application of this section to group health plans that are multiemployer plans (as defined in section 3(37) of the Employee Retirement Income Security Act of 1974).”.

(B) SOCIAL SECURITY TRUST FUNDS HELD HARMLESS.—In determining any amount transferred or appropriated to any fund under the Social Security Act, section 6432 of the Internal Revenue Code of 1986 shall not be taken into account.

(C) CLERICAL AMENDMENT.—The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:


“Sec. 6432. COBRA premium assistance.”.

(D) EFFECTIVE DATE.—The amendments made by this paragraph shall apply to premiums to which subsection (a)(1)(A) applies.

(E) SPECIAL RULE.—

(i) IN GENERAL.—In the case of an assistance eligible individual who pays, with respect to the first period of COBRA continuation coverage to which subsection (a)(1)(A) applies or the immediately subsequent period, the full premium amount for such coverage, the person to whom such payment is payable shall—

(I) make a reimbursement payment to such individual for the amount of such premium paid in excess of the amount required to be paid under subsection (a)(1)(A); or

(II) provide credit to the individual for such amount in a manner that reduces one or more subsequent premium payments that the individual is required to pay under such subsection for the coverage involved.

(ii) REIMBURSING EMPLOYER.—A person to which clause (i) applies shall be reimbursed as provided for in section 6432 of the Internal Revenue Code of 1986 for any payment made, or credit provided, to the employee under such clause.

(iii) PAYMENT OF CREDITS.—Unless it is reasonable to believe that the credit for the excess payment in clause (i)(II) will be used by the assistance eligible individual within 180 days of the date on which the person receives from the individual the payment of the full premium amount, a person to which clause (i) applies shall make the payment required under such clause to the individual within 60 days of such payment of the full premium amount. If, as of any day within the 180-day period, it is no longer reasonable to believe that the credit will be used during that period, payment equal to the remainder of the credit outstanding shall be made to the individual within 60 days of such day.

(13) PENALTY FOR FAILURE TO NOTIFY HEALTH PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM ASSISTANCE.—

(A) IN GENERAL.—Part I of subchapter B of chapter 68 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

“SEC. 6720C. Penalty for failure to notify health plan of cessation of eligibility for COBRA premium assistance.

“(a) In general.—Any person required to notify a group health plan under section 70307 of the Take Responsibility for Workers and Families Act who fails to make such a notification at such time and in such manner as the Secretary of Labor may require shall pay a penalty of 110 percent of the premium reduction provided under such section after termination of eligibility under such subsection.

“(b) Reasonable cause exception.—No penalty shall be imposed under subsection (a) with respect to any failure if it is shown that such failure is due to reasonable cause and not to willful neglect.”.

(B) CLERICAL AMENDMENT.—The table of sections of part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following new item:


“Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility for COBRA premium assistance.”.

(14) COORDINATION WITH HCTC.—

(A) IN GENERAL.—Section 35(g)(9) of the Internal Revenue Code of 1986 is amended to read as follows:

“(9) COBRA PREMIUM ASSISTANCE.—In the case of an assistance eligible individual who receives premium reduction for COBRA continuation coverage under section 70307 of the Take Responsibility for Workers and Families Act for any month during the taxable year, such individual shall not be treated as an eligible individual, a certified individual, or a qualifying family member for purposes of this section or section 7527 with respect to such month.”.

(B) EFFECTIVE DATE.—The amendment made by subparagraph (A) shall apply to taxable years ending after the date of the enactment of this Act.

(15) EXCLUSION OF COBRA PREMIUM ASSISTANCE FROM GROSS INCOME.—

(A) IN GENERAL.—Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139B the following new section:

“SEC. 139I. COBRA premium assistance.

“In the case of an assistance eligible individual (as defined in section 70307 of the Take Responsibility for Workers and Families Act), gross income does not include any premium reduction provided under subsection (a) of such section.”.

(B) CLERICAL AMENDMENT.—The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139B the following new item:


“Sec. 139I. COBRA premium assistance.”.

(C) EFFECTIVE DATE.—The amendments made by this paragraph shall apply to taxable years ending after the date of the enactment of this Act.

(b) Preserving affordable coverage for furloughed workers.—

(1) IN GENERAL.—The Secretary of Labor, in coordination with the Secretary of the Treasury, shall establish a process whereby the premium assistance under subsection (a) shall be available to an individual who has been subject to a furlough at any time during the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)).

(2) FURLOUGH DEFINED.—

(A) IN GENERAL.—In this subsection, the term “furlough” means a temporary cessation of work at the will of the employer during which an individual remains employed and covered under a group health plan.

(B) GROUP HEALTH PLAN DEFINED.—In this paragraph, the term “group health plan” has the meaning given such term in section 607(1) of the Employee Retirement Income Security Act of 1974.

(3) TREATMENT WITH RESPECT TO INTERNAL REVENUE CODE OF 1986.—For purposes of sections 6432, 6720C, 35(g)(9), and 139I of the Internal Revenue Code of 1986, any premium assistance provided pursuant to any process established under this subsection to individuals who have been subject to a furlough shall be treated in the same manner as premium assistance for COBRA continuation coverage.

(c) Elimination of Premium Subsidy for High-Income Individuals.—

(1) RECAPTURE OF SUBSIDY FOR HIGH-INCOME INDIVIDUALS.—If—

(A) premium assistance is provided under this section with respect to any COBRA continuation coverage which covers the taxpayer, the taxpayer’s spouse, or any dependent (within the meaning of section 152 of the Internal Revenue Code of 1986, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of the taxpayer during any portion of the taxable year, and

(B) the taxpayer’s modified adjusted gross income for such taxable year exceeds $125,000 ($250,000 in the case of a joint return),

then the tax imposed by chapter 1 of such Code with respect to the taxpayer for such taxable year shall be increased by the amount of such assistance.

(2) PHASE-IN OF RECAPTURE.—

(A) IN GENERAL.—In the case of a taxpayer whose modified adjusted gross income for the taxable year does not exceed $145,000 ($290,000 in the case of a joint return), the increase in the tax imposed under paragraph (1) shall not exceed the phase-in percentage of such increase (determined without regard to this paragraph).

(B) PHASE-IN PERCENTAGE.—For purposes of this subsection, the term “phase-in percentage” means the ratio (expressed as a percentage) obtained by dividing—

(i) the excess of described in subparagraph (B) of paragraph (1), by

(ii) $20,000 ($40,000 in the case of a joint return).

(3) OPTION FOR HIGH-INCOME INDIVIDUALS TO WAIVE ASSISTANCE AND AVOID RECAPTURE.—Notwithstanding subsection (a)(3), an individual shall not be treated as an assistance eligible individual for purposes of this section and section 6432 of the Internal Revenue Code of 1986 if such individual—

(A) makes a permanent election (at such time and in such form and manner as the Secretary of the Treasury may prescribe) to waive the right to the premium assistance provided under this section, and

(B) notifies the entity to whom premiums are reimbursed under section 6432(a) of such Code of such election.

(4) MODIFIED ADJUSTED GROSS INCOME.—For purposes of this subsection, the term “modified gross income” means the adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933 of such Code.

(5) CREDITS NOT ALLOWED AGAINST TAX, ETC.—For purposes determining regular tax liability under section 26(b) of such Code, the increase in tax under this subsection shall not be treated as a tax imposed under chapter 1 of such Code.

(6) REGULATIONS.—The Secretary of the Treasury shall issue such regulations or other guidance as are necessary or appropriate to carry out this subsection, including requirements that the entity to whom premiums are reimbursed under section 6432(a) of the Internal Revenue Code of 1986 report to the Secretary, and to each assistance eligible individual, the amount of premium assistance provided under subsection (a) with respect to each such individual.

(7) EFFECTIVE DATE.—The provisions of this subsection shall apply to taxable years ending after the date of the enactment of this Act.

SEC. 70308. Risk corridor program.

(a) In general.—The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall establish and administer a program of risk corridors for plan years 2020 and 2021 under which the Secretary shall make payments to health insurance issuers offering health insurance coverage in the individual or small group market based on the ratio of the allowable costs of the coverage to the aggregate premiums of the coverage.

(b) Payment methodology.—The Secretary shall provide under the program established under subsection (a) that if the allowable costs for a health insurance issuer offering health insurance coverage in the individual or small group market for any plan year are more than 105 percent of the target amount, the Secretary shall pay to the issuer an amount equal to 75 percent of the allowable costs in excess of 105 percent of the target amount.

(c) Information collection.—The Secretary shall establish a process under which information is collected from health insurance issuers offering health insurance coverage in the individual or small group market for purposes of carrying out this section.

(d) Definitions.—

(1) ALLOWABLE COSTS.—

(A) IN GENERAL.—The amount of allowable costs of a health insurance issuer offering health insurance coverage in the individual or small group market for any year is an amount equal to the total costs (other than administrative costs) of such issuer in providing benefits covered by such coverage.

(B) CERTAIN REDUCTIONS.—Allowable costs shall reduced by any—

(i) risk adjustment payments received under section 1341 of the Patient Protection and Affordable Care Act (42 U.S.C. 18061);

(ii) reinsurance payments received pursuant to a waiver approved under section 1332 of such Act (42 U.S.C. 18052); and

(iii) payments received pursuant to section 70304.

(2) ADDITIONAL TERMS.—For purposes of this section, the terms “health insurance issuer”, “health insurance coverage”, “individual market”, and “small group market” have the meanings given such terms in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91).

(3) TARGET AMOUNT.—The target amount of health insurance coverage offered in the individual or small group market for any year is an amount equal to the total premiums (including any premium subsidies under any governmental program), reduced by the administrative costs of the coverage.

(e) Implementation.—The Secretary of Health and Human Services may implement the provisions of this section by subregulatory guidance, program instruction, or otherwise.

(f) Appropriation.—There are appropriated, out of any monies in the Treasury not otherwise obligated, such sums as may be necessary to carry out this section.

SEC. 70309. Coverage of in vitro diagnostic products.

(a) In general.—Section 6001 of division F of the Families First Coronavirus Response Act (Public Law 116–127) is amended—

(1) by amending subsection (a)(1) to read as follows:

“(1) Qualified in vitro diagnostic products and the administration of such in vitro diagnostic products.”; and

(2) in subsection (d)—

(A) by striking “Terms.—The terms” and inserting the following: Terms.—In this section:

“(1) HEALTH INSURANCE TERMS.—The terms”; and

(B) by adding at the end the following:

“(2) QUALIFIED IN VITRO DIAGNOSTIC PRODUCT.—

“(A) The term ‘qualified in vitro diagnostic product’ means an in vitro diagnostic product (as defined in section 809.3(a) of title 21, Code of Federal Regulations) for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19 that is approved, cleared, or authorized under section 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, and 360bbb–3).

“(B) Such term includes an in vitro diagnostic test that—

“(i) subject to subparagraph (C), is developed and used in a laboratory certified to perform high-complexity testing pursuant to section 353 of the Public Health Service Act (42 U.S.C. 263a) and with respect to which such laboratory—

“(I) validates prior to use for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19, including by obtaining confirmation of validation using an assay authorized under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–3);

“(II) notifies the Secretary of such use; and

“(III) includes a statement together with the results of the test that reads: ‘This test has not been FDA cleared or approved. This test has been authorized by FDA under an emergency use authorization for use by authorized laboratories. This test has been authorized only for the detection of nucleic acid from SARS-CoV-2, not for any other viruses or pathogens’;

“(ii) is developed and used in a laboratory certified to perform high-complexity testing pursuant to section 353 of the Public Health Service Act (42 U.S.C. 263a) and such laboratory—

“(I) is operating under an authorization of the State (as defined in section 2 of the Public Health Service Act (42 U.S.C. 201)) in which such laboratory is located and such State has notified the Secretary of its intention to review tests intended to diagnose SARS–CoV–2 or diagnose the virus that causes COVID–19 to be used in such State;

“(II) has notified the Secretary of such use for such purpose in such State; and

“(III) includes a statement together with the results of the test that reads: ‘This test was developed for use as a part of a response to the public health emergency declared to address the outbreak of COVID–19. This test has not been reviewed by the Food and Drug Administration’; or

“(iii) is developed by a commercial test manufacturer that, with respect to such test—

“(I) validates such test prior to use to detect SARS–CoV–2 or diagnose the virus that causes COVID–19, including by obtaining confirmation of validation using an assay authorized under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–3);

“(II) notifies the Secretary of such use; and

“(III) includes a statement together with the results of the test that reads: ‘This test has not been FDA cleared or approved. This test has been authorized by FDA under an emergency use authorization for use by authorized laboratories. This test has been authorized only for the detection of nucleic acid from SARS-CoV-2, not for any other viruses or pathogens’.

“(C) Such term shall not include a test described in clause (i) or (iii) of subparagraph (B) if—

“(i) the emergency use authorization request submitted by a laboratory or manufacturer described in such respective clause with respect to such test has been denied; or

“(ii) such laboratory or manufacturer does not submit such a request within 15 business days of the notification under subclause (II) of such respective subparagraph.”.

(b) Conforming amendment.—Subparagraph (B) of section 1905(a)(3) of the Social Security Act (42 U.S.C. 1396d(a)(3)), as added by section 6004(a)(1) of division F of the Families First Coronavirus Response Act) is amended to read as follows:

“(B) qualified in vitro diagnostic products (as defined in section 6001(d) of division F of the Families First Coronavirus Response Act) and the administration of such in vitro diagnostic products;”.

SEC. 70310. Sense of Congress regarding surprise medical bills.

(a) Findings.—Congress finds the following:

(1) Surprise medical bills can be financially devastating for consumers.

(2) Surprise medical bills are often unavoidable and occur in situations where consumers have no ability to reasonably choose an in-network provider or insurance company networks are too narrow for consumers to be able to access seamless in-network care.

(3) Consumers and their financial stability should not be caught in the middle between insurance companies and health care providers.

(4) It is imperative that Congress enacts a comprehensive, long-term solution to protect consumers and end surprise medical billing.

(5) During the COVID-19 pandemic, consumers across the country will increasingly require emergency or unanticipated health care services and at the same time may have limited access to in-network providers due to the increased demand on the health care system and it is critical that they are not deterred from seeking care due to the threat of a surprise medical bill.

(6) The virus is now spreading faster in the United States than anywhere else in the world and experts indicate that day by day, more hospital beds will be full, more resources will be depleted, and the virus will claim more lives.

(b) Sense of Congress.—It is the sense of the Congress that, during the COVID-19 pandemic—

(1) heath care providers should refrain from balance billing consumers for out-of-network claims related to COVID-19 testing or treatment and insurance companies should do their utmost to secure access to in-network treatment for their plan participants, including providing adequate reimbursement rates for services; and

(2) consumers’ cost-sharing should be limited to what they would have paid if the providers testing or treating them for COVID-19 were in-network for their insurance plan.

SEC. 70401. Combating Hunger for Older Americans During Coronavirus Crisis.

(a) Home delivered nutrition services criteria applicable under the Older Americans Act of 1965 during fiscal year 2020 to respond to the COVID-19 public health emergency.—For purposes of State agencies determining the delivery of nutrition services under subpart 2 of part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030f et seq.), during the portion of COVID-19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d) that occurs in the period beginning on the date of the enactment of this Act and ending on September 30, 2020, the State agencies shall include among individuals receiving delivery because they are homebound an individual age 60 and older, or an individual with a disability (of any age), who is unable to obtain nutrition because the individual is under a quarantine, practicing social distancing, or otherwise unable to leave home, due to the emergency.

(b) Congregate nutrition services criteria applicable under the Older Americans Act of 1965 during fiscal year 2020 to respond to the COVID-19 public health emergency.— If a State demonstrates, to the satisfaction of the Assistant Secretary (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C.3002), that funds received by the State and attributable to funds appropriated under paragraph (1) or (2) of section 303(b) of the Older Americans Act of 1965 (42 U.S.C. 3023(b)), including funds transferred under subparagraph (A) of paragraph (4) of such section without regard to the exception referring to subparagraph (B) specified in such subparagraph (A), for fiscal year 2020 are insufficient to satisfy the need for services under subpart I or subpart II of part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030d–2 et seq.) in fiscal year 2020 during the COVID-19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Assistant Secretary shall allow State and area agencies on aging, without prior approval, to transfer up to 100 percent of the funds so received between subpart 1 and subpart 2 of such part C for use the State or area agency on aging considers appropriate to meet the needs of the area served.

(c) Waiver.—To facilitate implementation of subparts 1 and 2 of part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030e et seq.) during any portion of the COVID-19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d) that occurs in the period beginning on the date of the enactment of this Act and ending on September 30, 2020, the Assistant Secretary for Aging may waive the requirements for emergency meals to comply with the requirements of clauses (i) and (ii) of section 339(2)(A) of the Older Americans Act of 1965 (42 U.S.C. 3030g–21(2)(A)).

SEC. 70402. Access of the State Long-Term Care Ombudsman to residents of long-term care facilities during the COVID-19 public health emergency in fiscal year 2020.

During any portion of the COVID-19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d) that occurs in the period beginning on the date of the enactment of this Act and ending on September 30, 2020, the State Long-Term Care Ombudsman shall have continuing direct access (or other access through the use of technology to the greatest extent practicable) to residents of long-term care facilities to provide the services described in section 712(a)(3)(B) of the Older Americans Act of 1965 (42 U.S.C. 3058h(a)(3)(B)).

SEC. 70403. Continuity of service and opportunities for participants in community service activities under title V of the of the Older Americans Act of 1965.

To ensure continuity of service and opportunities for participants in community service activities under title V of the of the Older Americans Act of 1965 (42 U.S.C. 3056–3056p), the Secretary of Labor—

(1) (A) may allow for individuals participating in such activities as of March 1, 2020, to extend their participation for a period that exceeds the period described in section 518(a)(3)(B)(i) of such Act if the Secretary determines such extension is appropriate due to the effects of the COVID-19 public heath emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), and

(B) may extend the average participation cap for eligible individuals applicable to grantees under section 502(b)(1)(C) of such Act to a cap the Secretary determines is appropriate due to the effects of the COVID-19 public heath emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), and

(2) may increase the amount available to pay the authorized administrative costs to an amount not to exceed 20 percent of the grant amount if the Secretary determines that such increase is necessary to adequately respond to the additional administrative needs to respond to the COVID-19 public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d).

subtitle AImproving public health and medical response

SEC. 70501. Reimbursement for additional health services relating to coronavirus.

Title V of division A of the Families First Coronavirus Response Act (Public Law 116–127) is amended under the heading “Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund” is amended by inserting “, or treatment related to SARS–CoV–2 or COVID–19 for uninsured individuals” after “or visits described in paragraph (2) of such section for uninsured individuals”.

SEC. 70502. Public health data system transformation.

Subtitle C of title XXVIII of the Public Health Service Act (42 U.S.C. 300hh–31 et seq.) is amended by adding at the end the following:

“SEC. 2822. Public health data system transformation.

“(a) Expanding CDC and public health department capabilities.—

“(1) IN GENERAL.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall—

“(A) conduct activities to expand, enhance, and improve applicable public health data systems used by the Centers for Disease Control and Prevention, related to the interoperability and improvement of such systems (including as it relates to preparedness for, prevention and detection of, and response to public health emergencies); and

“(B) award grants or cooperative agreements to State, local, Tribal, or territorial public health departments for the expansion and modernization of public health data systems, to assist public health departments in—

“(i) assessing current data infrastructure capabilities and gaps to improve and increase consistency in data collection, storage, analysis and, as appropriate, to improve dissemination of public health-related information;

“(ii) improving secure public health data collection, transmission, exchange, maintenance, and analysis;

“(iii) improving the secure exchange of data between the Centers for Disease Control and Prevention, State, local, Tribal, and territorial public health departments, public health organizations, and health care providers, including by public health officials in multiple jurisdictions within such State, as appropriate, and by simplifying and supporting reporting by health care providers, as applicable, pursuant to State law, including through the use of health information technology;

“(iv) enhancing the interoperability of public health data systems (including systems created or accessed by public health departments) with health information technology, including with health information technology certified under section 3001(c)(5);

“(v) supporting and training data systems, data science, and informatics personnel;

“(vi) supporting earlier disease and health condition detection, such as through near real-time data monitoring, to support rapid public health responses;

“(vii) supporting activities within the applicable jurisdiction related to the expansion and modernization of electronic case reporting; and

“(viii) developing and disseminating information related to the use and importance of public health data.

“(2) DATA STANDARDS.—In carrying out paragraph (1), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, as appropriate and in consultation with the Office of the National Coordinator for Health Information Technology, designate data and technology standards (including standards for interoperability) for public health data systems, with deference given to standards published by consensus-based standards development organizations with public input and voluntary consensus-based standards bodies.

“(3) PUBLIC-PRIVATE PARTNERSHIPS.—The Secretary may develop and utilize public-private partnerships for technical assistance, training, and related implementation support for State, local, Tribal, and territorial public health departments, and the Centers for Disease Control and Prevention, on the expansion and modernization of electronic case reporting and public health data systems, as applicable.

“(b) Requirements.—

“(1) HEALTH INFORMATION TECHNOLOGY STANDARDS.—The Secretary may not award a grant or cooperative agreement under subsection (a)(1)(B) unless the applicant uses or agrees to use standards endorsed by the National Coordinator for Health Information Technology pursuant to section 3001(c)(1) or adopted by the Secretary under section 3004.

“(2) WAIVER.—The Secretary may waive the requirement under paragraph (1) with respect to an applicant if the Secretary determines that the activities under subsection (a)(1)(B) cannot otherwise be carried out within the applicable jurisdiction.

“(3) APPLICATION.—A State, local, Tribal, or territorial health department applying for a grant or cooperative agreement under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include information describing—

“(A) the activities that will be supported by the grant or cooperative agreement; and

“(B) how the modernization of the public health data systems involved will support or impact the public health infrastructure of the health department, including a description of remaining gaps, if any, and the actions needed to address such gaps.

“(c) Strategy and implementation plan.—Not later than 180 days after the date of enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a coordinated strategy and an accompanying implementation plan that identifies and demonstrates the measures the Secretary will utilize to—

“(1) update and improve applicable public health data systems used by the Centers for Disease Control and Prevention; and

“(2) carry out the activities described in this section to support the improvement of State, local, Tribal, and territorial public health data systems.

“(d) Consultation.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall consult with State, local, Tribal, and territorial health departments, professional medical and public health associations, associations representing hospitals or other health care entities, health information technology experts, and other appropriate public or private entities regarding the plan and grant program to modernize public health data systems pursuant to this section. Activities under this subsection may include the provision of technical assistance and training related to the exchange of information by such public health data systems used by relevant health care and public health entities at the local, State, Federal, Tribal, and territorial levels, and the development and utilization of public-private partnerships for implementation support applicable to this section.

“(e) Report to Congress.—Not later than 1 year after the date of enactment of this section, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives that includes—

“(1) a description of any barriers to—

“(A) public health authorities implementing interoperable public health data systems and electronic case reporting;

“(B) the exchange of information pursuant to electronic case reporting; or

“(C) reporting by health care providers using such public health data systems, as appropriate, and pursuant to State law;

“(2) an assessment of the potential public health impact of implementing electronic case reporting and interoperable public health data systems; and

“(3) a description of the activities carried out pursuant to this section.

“(f) Electronic case reporting.—In this section, the term ‘electronic case reporting’ means the automated identification, generation, and bilateral exchange of reports of health events among electronic health record or health information technology systems and public health authorities.

“(g) Authorization of appropriations.—To carry out this section, there are authorized to be appropriated $100,000,000 for each of fiscal years 2021 through 2025.”.

SEC. 70503. Reporting on COVID-19 testing and results.

State and local governments, laboratories, and health systems receiving funds or assistance pursuant to division A of the Families First Coronavirus Response Act (Public Law 116–127) or pursuant to division A of this Act shall ensure that—

(1) the respective State Emergency Operations Center and State and local public health departments, receive regular and real-time reporting on data, in a timely manner, on testing and results, including positive and negative laboratory results, as well as reporting on cases and severe outcomes resulting from COVID-19, as determined by the Director of the Centers for Disease Control and Prevention; and

(2) such data is transmitted in a regular and timely manner to the Centers for Disease Control and Prevention.

SEC. 70504. Centers for Disease Control and Prevention COVID-19 response line.

(a) In general.—During the public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020 with respect to COVID-19, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall maintain a toll-free telephone number to address public health queries, including questions concerning COVID-19.

(b) Authorization of appropriations.—To carry out this section, there is authorized to be appropriated $10,000,000, to remain available until expended.

SEC. 70505. Awareness campaign.

The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in coordination with other offices and agencies, as appropriate, shall award competitive grants or contracts to one or more public or private entities to carry out a national campaign, based on available scientific evidence, to increase awareness and knowledge of COVID-19, including countering stigma associated with COVID-19 and improving information on the availability of diagnostic testing and other related services at community health centers.

SEC. 70506. Additional funding for Medical Reserve Corps.

Section 2813 of the Public Health Service Act (42 U.S.C. 300hh–15) is amended by striking “$11,200,000 for each of fiscal years 2019 through 2023” and inserting “$31,200,000 for each of fiscal years 2020 and 2021 and $11,200,000 for each of fiscal years 2022 and 2023”.

SEC. 70507. Flexibility for members of National Health Service Corps during emergency period.

Subsection (a) of section 333 of the Public Health Service Act (42 U.S.C. 254f) is amended by adding at the end the following new paragraph:

“(4) During an emergency period (as defined in section 1135(g)(1) of the Social Security Act, the Secretary may, notwithstanding this subpart and subpart III, assign members of the Corps to provide such health services at such places and for such number of hours as the Secretary determines necessary to respond to the emergency, provided that—

“(A) the members voluntarily agree to such assignment and hours;

“(B) the places to which such members are assigned are within a reasonable distance of the places to which the respective members were assigned or were to be assigned absent a waiver under this paragraph; and

“(C) the minimum number of hours required are the same as were required prior to the date of enactment of this paragraph.”.

SEC. 70508. Ready Reserve Corps.

(a) Commissioned corps and ready reserve corps.—Section 203 of the Public Health Service Act (42 U.S.C. 204) is amended—

(1) in subsection (a)(1), by striking “ a Ready Reserve Corps for service in time of national emergency” and inserting “, for service in time of a public health or national emergency, a Ready Reserve Corps”; and

(2) in subsection (c)—

(A) in the heading, by striking “research” and inserting “Reserve Corps”;

(B) in paragraph (1), by inserting “during public health or national emergencies” before the period;

(C) in paragraph (2)—

(i) in the matter preceding subparagraph (A), by inserting “, consistent with paragraph (1)” after “shall”;

(ii) in subparagraph (C), by inserting “during such emergencies” after “members”; and

(iii) in subparagraph (D), by inserting “, consistent with subparagraph (C)” before the period; and

(D) by adding at the end the following:

“(3) STATUTORY REFERENCES TO RESERVE.—A reference in any Federal statute, except in the case of subsection (b), to the ‘Reserve Corps’ of the Public Health Service or to the ‘reserve’ of the Public Health Service shall be deemed to be a reference to the Ready Reserve Corps.”.

(b) Deployment readiness.—Section 203A(a)(1)(B) of the Public Health Service Act (42 U.S.C. 204a(a)(1)(B)) is amended by striking “Active Reserves” and inserting “Ready Reserve Corps”.

(c) Retirement of commissioned officers.—Section 211 of the Public Health Service Act (42 U.S.C. 212) is amended—

(1) by striking “(in the case of an officer in the Reserve Corps)” each place it appears;

(2) by striking “the Service” each place it appears and inserting “the Regular Corps”;

(3) in subsection (c)—

(A) in paragraph (1)—

(i) by striking “or an officer of the Reserve Corps”; and

(ii) by inserting “or under section 221(a)(19)” after “subsection (a)”; and

(B) in paragraph (2), by striking “Regular or Reserve Corps” and inserting “Regular Corps or Ready Reserve Corps”; and

(4) in subsection (f), by striking “the Regular or Reserve Corps of”.

(d) Rights, privileges, etc. of officers and surviving beneficiaries.—Section 221 of the Public Health Service Act (42 U.S.C. 213a) is amended—

(1) in subsection (a), by adding at the end the following:

“(19) Chapter 1223, Retired Pay for Non-Regular Service.

“(20) Section 12601, Compensation: Reserve on active duty accepting from any person.

“(21) Section 12684, Reserves: separation for absence without authority or sentence to imprisonment.”; and

(2) in subsection (b)—

(A) by striking “Secretary of Health, Education, and Welfare or his designee” and inserting “Secretary of Health and Human Services or the designee of such secretary”;

(B) by striking “(b) The authority vested” and inserting the following:

“(b) (1) The authority vested”;

(C) by striking “For purposes of” and inserting the following:

“(2) For purposes of”; and

(D) by adding at the end the following:

“(3) For purposes of paragraph (19) of subsection (a), the terms ‘Military department’, ‘Secretary concerned’, and ‘Armed forces’ in such title 10 shall be deemed to include, respectively, the Department of Health and Human Services, the Secretary of Health and Human Services, and the Commissioned Corps.”.

SEC. 70509. Limitation on liability for volunteer health care professionals during COVID-19 emergency response.

(a) Limitation on liability.—Except as provided in subsection (b), a health care professional shall not be liable under Federal or State law for any harm caused by an act or omission of the professional in the provision of health care services during the public health emergency with respect to COVID–19 declared by the Secretary of Health and Human Services (referred to in this section as the “Secretary”) pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, if—

(1) the professional is providing health care services in response to such public health emergency, as a volunteer; and

(2) the act or omission occurs—

(A) in the course of providing health care services;

(B) in the health care professional’s capacity as a volunteer;

(C) in the course of providing health care services that are within the scope of the license, registration, or certification of the volunteer, as defined by the State of licensure, registration, or certification; and

(D) in a good faith belief that the individual being treated is in need of health care services.

(b) Exceptions.—Subsection (a) does not apply if—

(1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed by the health care professional; or

(2) the health care professional rendered the health care services under the influence (as determined pursuant to applicable State law) of alcohol or an intoxicating drug.

(c) Preemption.—

(1) IN GENERAL.—This section preempts the laws of a State or any political subdivision of a State to the extent that such laws are inconsistent with this section, unless such laws provide greater protection from liability.

(2) VOLUNTEER PROTECTION ACT.—Protections afforded by this section are in addition to those provided by the Volunteer Protection Act of 1997 (Public Law 105–19).

(d) Definitions.—In this section—

(1) the term “harm” includes physical, nonphysical, economic, and noneconomic losses;

(2) the term “health care professional” means an individual who is licensed, registered, or certified under Federal or State law to provide health care services;

(3) the term “health care services” means any services provided by a health care professional, or by any individual working under the supervision of a health care professional that relate to—

(A) the diagnosis, prevention, or treatment of COVID-19; or

(B) the assessment or care of the health of a human being for COVID-19; and

(4) the term “volunteer” means a health care professional who, with respect to the health care services rendered, does not receive compensation or any other thing of value in lieu of compensation, which compensation—

(A) includes a payment under any insurance policy or health plan, or under any Federal or State health benefits program; and

(B) excludes receipt of items to be used exclusively for rendering health care services in the health care professional’s capacity as a volunteer described in subsection (a)(1) and excludes any reimbursement for travel to the site where the volunteer services are being rendered and any payments in cash or kind to cover room and board, if services are being rendered more than 75 miles from the volunteer’s principal place of residence.

(e) Applicability.—This section applies only with respect to a claim for a harm caused by an act or omission occurring—

(1) on or after the date of enactment of this Act; and

(2) during the period of the public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020 with respect to COVID-19.

subtitle BTribal health

SEC. 70521. Improving State, local, and Tribal public health security.

Section 319C–1 of the Public Health Service Act (42 U.S.C. 247d–3a) is amended—

(1) in the section heading, by striking “and local” and inserting “, local, and tribal”;

(2) in subsection (b)—

(A) in paragraph (1)—

(i) in subparagraph (B), by striking “or” at the end;

(ii) in subparagraph (C), by striking “and” at the end and inserting “or”; and

(iii) by adding at the end the following:

“(D) be an Indian tribe, tribal organization, or a consortium of Indian tribes or tribal organizations; and”; and

(B) in paragraph (2)—

(i) in the matter preceding subparagraph (A), by inserting “, as applicable” after “including”;

(ii) in subparagraph (A)(viii)—

(I) by inserting “and tribal” after “with State”;

(II) by striking “(as defined in section 8101 of the Elementary and Secondary Education Act of 1965)” and inserting “and tribal educational agencies (as defined in sections 8101 and 6132, respectively, of the Elementary and Secondary Education Act of 1965)”; and

(III) by inserting “and tribal” after “and State”;

(iii) in subparagraph (G), by striking “and tribal” and inserting “tribal, and urban Indian organization”; and

(iv) in subparagraph (H), by inserting “, Indian tribes, and urban Indian organizations” after “public health”;

(3) in subsection (e), by inserting “Indian tribes, tribal organizations, urban Indian organizations,” after “local emergency plans,”;

(4) in subsection (h)—

(A) in paragraph (1)(A)—

(i) by striking “through 2023” and inserting “and 2020”; and

(ii) by inserting before the period “; and $690,000,000 for each of fiscal years 2021 through 2023 for awards pursuant to paragraph (3) (subject to the authority of the Secretary to make awards pursuant to paragraphs (4) and (5)) and paragraph (8), of which not less than $5,000,000 shall be reserved each fiscal year for awards under paragraph (8)”;

(B) in the heading of paragraph (3), by inserting “for States” after “amount”; and

(C) by adding at the end the following:

“(8) TRIBAL ELIGIBLE ENTITIES.—

“(A) DETERMINATION OF FUNDING AMOUNT.—

“(i) IN GENERAL.—The Secretary shall award at least 10 cooperative agreements under this section, in amounts not less than the minimum amount determined under clause (ii), to eligible entities described in subsection (b)(1)(D) that submits to the Secretary an application that meets the criteria of the Secretary for the receipt of such an award and that meets other reasonable implementation conditions established by the Secretary, in consultation with Indian tribes, for such awards. If the Secretary receives more than 10 applications under this section from eligible entities described in subsection (b)(1)(D) that meet the criteria and conditions described in the previous sentence, the Secretary, in consultation with Indian tribes, may make additional awards under this section to such entities.

“(ii) MINIMUM AMOUNT.—In determining the minimum amount of an award pursuant to clause (i), the Secretary, in consultation with Indian tribes, shall first determine an amount the Secretary considers appropriate for the eligible entity.

“(B) AVAILABLE UNTIL EXPENDED.—Amounts provided to a tribal eligible entity under a cooperative agreement under this section for a fiscal year and remaining unobligated at the end of such year shall remain available to such entity during the entirety of the performance period, for the purposes for which said funds were provided.

“(C) NO MATCHING REQUIREMENT.—Subparagraphs (B), (C), and (D) of paragraph (1) shall not apply with respect to cooperative agreements awarded under this section to eligible entities described in subsection (b)(1)(D).”; and

(5) by adding at the end the following:

“(l) Special rules related to tribal eligible entities.—

“(1) MODIFICATIONS.—After consultation with Indian tribes, the Secretary may make necessary and appropriate modifications to the program under this section to facilitate the use of the co