Text: H.R.748 — 116th Congress (2019-2020)All Information (Except Text)

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Public Law No: 116-136 (03/27/2020)

 
[116th Congress Public Law 136]
[From the U.S. Government Publishing Office]



[[Page 134 STAT. 281]]

Public Law 116-136
116th Congress

                                 An Act


 
 To amend the Internal Revenue Code of 1986 to repeal the excise tax on 
     high cost employer-sponsored health coverage. <<NOTE: Mar. 27, 
                          2020 -  [H.R. 748]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Coronavirus Aid, 
Relief, and Economic Security Act. 15 USC 9001 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coronavirus Aid, Relief, and Economic 
Security Act'' or the ``CARES Act''.
SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.

   DIVISION A--KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE SYSTEM 
                ENHANCEMENTS, AND ECONOMIC STABILIZATION

         TITLE I--KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT

Sec. 1101. Definitions.
Sec. 1102. Paycheck protection program.
Sec. 1103. Entrepreneurial development.
Sec. 1104. State trade expansion program.
Sec. 1105. Waiver of matching funds requirement under the women's 
           business center program.
Sec. 1106. Loan forgiveness.
Sec. 1107. Direct appropriations.
Sec. 1108. Minority business development agency.
Sec. 1109. United States Treasury Program Management Authority.
Sec. 1110. Emergency EIDL grants.
Sec. 1111. Resources and services in languages other than English.
Sec. 1112. Subsidy for certain loan payments.
Sec. 1113. Bankruptcy.
Sec. 1114. Emergency rulemaking authority.

   TITLE II--ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND BUSINESSES

              Subtitle A--Unemployment Insurance Provisions

Sec. 2101. Short title.
Sec. 2102. Pandemic Unemployment Assistance.
Sec. 2103. Emergency unemployment relief for governmental entities and 
           nonprofit organizations.
Sec. 2104. Emergency increase in unemployment compensation benefits.
Sec. 2105. Temporary full Federal funding of the first week of 
           compensable regular unemployment for States with no waiting 
           week.
Sec. 2106. Emergency State staffing flexibility.
Sec. 2107. Pandemic emergency unemployment compensation.
Sec. 2108. Temporary financing of short-time compensation payments in 
           States with programs in law.
Sec. 2109. Temporary financing of short-time compensation agreements.

[[Page 134 STAT. 282]]

Sec. 2110. Grants for short-time compensation programs.
Sec. 2111. Assistance and guidance in implementing programs.
Sec. 2112. Waiver of the 7-day waiting period for benefits under the 
           Railroad Unemployment Insurance Act.
Sec. 2113. Enhanced benefits under the Railroad Unemployment Insurance 
           Act.
Sec. 2114. Extended unemployment benefits under the Railroad 
           Unemployment Insurance Act.
Sec. 2115. Funding for the DOL Office of Inspector General for oversight 
           of unemployment provisions.
Sec. 2116. Implementation.

           Subtitle B--Rebates and Other Individual Provisions

Sec. 2201. 2020 recovery rebates for individuals.
Sec. 2202. Special rules for use of retirement funds.
Sec. 2203. Temporary waiver of required minimum distribution rules for 
           certain retirement plans and accounts.
Sec. 2204. Allowance of partial above the line deduction for charitable 
           contributions.
Sec. 2205. Modification of limitations on charitable contributions 
           during 2020.
Sec. 2206. Exclusion for certain employer payments of student loans.

                     Subtitle C--Business Provisions

Sec. 2301. Employee retention credit for employers subject to closure 
           due to COVID-19.
Sec. 2302. Delay of payment of employer payroll taxes.
Sec. 2303. Modifications for net operating losses.
Sec. 2304. Modification of limitation on losses for taxpayers other than 
           corporations.
Sec. 2305. Modification of credit for prior year minimum tax liability 
           of corporations.
Sec. 2306. Modifications of limitation on business interest.
Sec. 2307. Technical amendments regarding qualified improvement 
           property.
Sec. 2308. Temporary exception from excise tax for alcohol used to 
           produce hand sanitizer.

TITLE III--SUPPORTING AMERICA'S HEALTH CARE SYSTEM IN THE FIGHT AGAINST 
                             THE CORONAVIRUS

                      Subtitle A--Health Provisions

Sec. 3001. Short title.

                   PART I--Addressing Supply Shortages

                   subpart a--medical product supplies

Sec. 3101. National Academies report on America's medical product supply 
           chain security.
Sec. 3102. Requiring the strategic national stockpile to include certain 
           types of medical supplies.
Sec. 3103. Treatment of respiratory protective devices as covered 
           countermeasures.

             subpart b--mitigating emergency drug shortages

Sec. 3111. Prioritize reviews of drug applications; incentives.
Sec. 3112. Additional manufacturer reporting requirements in response to 
           drug shortages.

             subpart c--preventing medical device shortages

Sec. 3121. Discontinuance or interruption in the production of medical 
           devices.

          PART II--Access to Health Care for COVID-19 Patients

         subpart a--coverage of testing and preventive services

Sec. 3201. Coverage of diagnostic testing for COVID-19.
Sec. 3202. Pricing of diagnostic testing.
Sec. 3203. Rapid coverage of preventive services and vaccines for 
           coronavirus.

              subpart b--support for health care providers

Sec. 3211. Supplemental awards for health centers.
Sec. 3212. Telehealth network and telehealth resource centers grant 
           programs.
Sec. 3213. Rural health care services outreach, rural health network 
           development, and small health care provider quality 
           improvement grant programs.

[[Page 134 STAT. 283]]

Sec. 3214. United States Public Health Service Modernization.
Sec. 3215. Limitation on liability for volunteer health care 
           professionals during COVID-19 emergency response.
Sec. 3216. Flexibility for members of National Health Service Corps 
           during emergency period.

                   subpart c--miscellaneous provisions

Sec. 3221. Confidentiality and disclosure of records relating to 
           substance use disorder.
Sec. 3222. Nutrition services.
Sec. 3223. Continuity of service and opportunities for participants in 
           community service activities under title V of the Older 
           Americans Act of 1965.
Sec. 3224. Guidance on protected health information.
Sec. 3225. Reauthorization of healthy start program.
Sec. 3226. Importance of the blood supply.

                          PART III--Innovation

Sec. 3301. Removing the cap on OTA during public health emergencies.
Sec. 3302. Priority zoonotic animal drugs.

                     PART IV--Health Care Workforce

Sec. 3401. Reauthorization of health professions workforce programs.
Sec. 3402. Health workforce coordination.
Sec. 3403. Education and training relating to geriatrics.
Sec. 3404. Nursing workforce development.

                    Subtitle B--Education Provisions

Sec. 3501. Short title.
Sec. 3502. Definitions.
Sec. 3503. Campus-based aid waivers.
Sec. 3504. Use of supplemental educational opportunity grants for 
           emergency aid.
Sec. 3505. Federal work-study during a qualifying emergency.
Sec. 3506. Adjustment of subsidized loan usage limits.
Sec. 3507. Exclusion from Federal Pell Grant duration limit.
Sec. 3508. Institutional refunds and Federal student loan flexibility.
Sec. 3509. Satisfactory academic progress.
Sec. 3510. Continuing education at affected foreign institutions.
Sec. 3511. National emergency educational waivers.
Sec. 3512. HBCU Capital financing.
Sec. 3513. Temporary relief for federal student loan borrowers.
Sec. 3514. Provisions related to the Corporation for National and 
           Community Service.
Sec. 3515. Workforce response activities.
Sec. 3516. Technical amendments.
Sec. 3517. Waiver authority and reporting requirement for institutional 
           aid.
Sec. 3518. Authorized uses and other modifications for grants.
Sec. 3519. Service obligations for teachers.

                      Subtitle C--Labor Provisions

Sec. 3601. Limitation on paid leave.
Sec. 3602. Emergency Paid Sick Leave Act Limitation.
Sec. 3603. Unemployment insurance.
Sec. 3604. OMB Waiver of Paid Family and Paid Sick Leave.
Sec. 3605. Paid leave for rehired employees.
Sec. 3606. Advance refunding of credits.
Sec. 3607. Expansion of DOL Authority to postpone certain deadlines.
Sec. 3608. Single-employer plan funding rules.
Sec. 3609. Application of cooperative and small employer charity pension 
           plan rules to certain charitable employers whose primary 
           exempt purpose is providing services with respect to mothers 
           and children.
Sec. 3610. Federal contractor authority.
Sec. 3611. Technical corrections.

                      Subtitle D--Finance Committee

Sec. 3701. Exemption for telehealth services.
Sec. 3702. Inclusion of certain over-the-counter medical products as 
           qualified medical expenses.
Sec. 3703. Increasing Medicare telehealth flexibilities during emergency 
           period.
Sec. 3704. Enhancing Medicare telehealth services for Federally 
           qualified health centers and rural health clinics during 
           emergency period.

[[Page 134 STAT. 284]]

Sec. 3705. Temporary waiver of requirement for face-to-face visits 
           between home dialysis patients and physicians.
Sec. 3706. Use of telehealth to conduct face-to-face encounter prior to 
           recertification of eligibility for hospice care during 
           emergency period.
Sec. 3707. Encouraging use of telecommunications systems for home health 
           services furnished during emergency period.
Sec. 3708. Improving care planning for Medicare home health services.
Sec. 3709. Adjustment of sequestration.
Sec. 3710. Medicare hospital inpatient prospective payment system add-on 
           payment for COVID-19 patients during emergency period.
Sec. 3711. Increasing access to post-acute care during emergency period.
Sec. 3712. Revising payment rates for durable medical equipment under 
           the Medicare program through duration of emergency period.
Sec. 3713. Coverage of the COVID-19 vaccine under part B of the Medicare 
           program without any cost-sharing.
Sec. 3714. Requiring Medicare prescription drug plans and MA-PD plans to 
           allow during the COVID-19 emergency period for fills and 
           refills of covered part D drugs for up to a 3-month supply.
Sec. 3715. Providing home and community-based services in acute care 
           hospitals.
Sec. 3716. Clarification regarding uninsured individuals.
Sec. 3717. Clarification regarding coverage of COVID-19 testing 
           products.
Sec. 3718. Amendments relating to reporting requirements with respect to 
           clinical diagnostic laboratory tests.
Sec. 3719. Expansion of the Medicare hospital accelerated payment 
           program during the COVID-19 public health emergency.
Sec. 3720. Delaying requirements for enhanced FMAP to enable State 
           legislation necessary for compliance.

             Subtitle E--Health and Human Services Extenders

                       PART I--Medicare Provisions

Sec. 3801. Extension of the work geographic index floor under the 
           Medicare program.
Sec. 3802. Extension of funding for quality measure endorsement, input, 
           and selection.
Sec. 3803. Extension of funding outreach and assistance for low-income 
           programs.

                      PART II--Medicaid Provisions

Sec. 3811. Extension of the Money Follows the Person rebalancing 
           demonstration program.
Sec. 3812. Extension of spousal impoverishment protections.
Sec. 3813. Delay of DSH reductions.
Sec. 3814. Extension and expansion of Community Mental Health Services 
           demonstration program.

           PART III--Human Services and Other Health Programs

Sec. 3821. Extension of sexual risk avoidance education program.
Sec. 3822. Extension of personal responsibility education program.
Sec. 3823. Extension of demonstration projects to address health 
           professions workforce needs.
Sec. 3824. Extension of the temporary assistance for needy families 
           program and related programs.

                    PART IV--Public Health Provisions

Sec. 3831. Extension for community health centers, the National Health 
           Service Corps, and teaching health centers that operate GME 
           programs.
Sec. 3832. Diabetes programs.

                    PART V--Miscellaneous Provisions

Sec. 3841. Prevention of duplicate appropriations for fiscal year 2020.

                   Subtitle F--Over-the-Counter Drugs

                         PART I--OTC Drug Review

Sec. 3851. Regulation of certain nonprescription drugs that are marketed 
           without an approved drug application.
Sec. 3852. Misbranding.
Sec. 3853. Drugs excluded from the over-the-counter drug review.
Sec. 3854. Treatment of Sunscreen Innovation Act.
Sec. 3855. Annual update to Congress on appropriate pediatric indication 
           for certain OTC cough and cold drugs.

[[Page 134 STAT. 285]]

Sec. 3856. Technical corrections.

                           PART II--User Fees

Sec. 3861. Finding.
Sec. 3862. Fees relating to over-the-counter drugs.

 TITLE IV--ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED 
                  SECTORS OF THE UNITED STATES ECONOMY

       Subtitle A--Coronavirus Economic Stabilization Act of 2020

Sec. 4001. Short title.
Sec. 4002. Definitions.
Sec. 4003. Emergency relief and taxpayer protections.
Sec. 4004. Limitation on certain employee compensation.
Sec. 4005. Continuation of certain air service.
Sec. 4006. Coordination with Secretary of Transportation.
Sec. 4007. Suspension of certain aviation excise taxes.
Sec. 4008. Debt guarantee authority.
Sec. 4009. Temporary Government in the Sunshine Act relief.
Sec. 4010. Temporary hiring flexibility.
Sec. 4011. Temporary lending limit waiver.
Sec. 4012. Temporary relief for community banks.
Sec. 4013. Temporary relief from troubled debt restructurings.
Sec. 4014. Optional temporary relief from current expected credit 
           losses.
Sec. 4015. Non-applicability of restrictions on ESF during national 
           emergency.
Sec. 4016. Temporary credit union provisions.
Sec. 4017. Increasing access to materials necessary for national 
           security and pandemic recovery.
Sec. 4018. Special Inspector General for Pandemic Recovery.
Sec. 4019. Conflicts of interest.
Sec. 4020. Congressional Oversight Commission.
Sec. 4021. Credit protection during COVID-19.
Sec. 4022. Foreclosure moratorium and consumer right to request 
           forbearance.
Sec. 4023. Forbearance of residential mortgage loan payments for 
           multifamily properties with federally backed loans.
Sec. 4024. Temporary moratorium on eviction filings.
Sec. 4025. Protection of collective bargaining agreement.
Sec. 4026. Reports.
Sec. 4027. Direct appropriation.
Sec. 4028. Rule of construction.
Sec. 4029. Termination of authority.

                 Subtitle B--Air Carrier Worker Support

Sec. 4111. Definitions.
Sec. 4112. Pandemic relief for aviation workers.
Sec. 4113. Procedures for providing payroll support.
Sec. 4114. Required assurances.
Sec. 4115. Protection of collective bargaining agreement.
Sec. 4116. Limitation on certain employee compensation.
Sec. 4117. Tax payer protection.
Sec. 4118. Reports.
Sec. 4119. Coordination.
Sec. 4120. Direct appropriation.

                    TITLE V--CORONAVIRUS RELIEF FUNDS

Sec. 5001. Coronavirus Relief Fund.

                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 6001. COVID-19 borrowing authority for the United States Postal 
           Service.
Sec. 6002. Emergency designation.

DIVISION B--EMERGENCY APPROPRIATIONS FOR CORONAVIRUS HEALTH RESPONSE AND 
                            AGENCY OPERATIONS

SEC. 3. <<NOTE: 1 USC 1 note.>>  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.

[[Page 134 STAT. 286]]

   DIVISION A--KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE SYSTEM 
                ENHANCEMENTS, AND ECONOMIC STABILIZATION

         TITLE I--KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT

SEC. 1101. <<NOTE: 15 USC 9001.>>  DEFINITIONS.

    In this title--
            (1) the terms ``Administration'' and ``Administrator'' mean 
        the Small Business Administration and the Administrator thereof, 
        respectively; and
            (2) the term ``small business concern'' has the meaning 
        given the term in section 3 of the Small Business Act (15 U.S.C. 
        636).
SEC. 1102. PAYCHECK PROTECTION PROGRAM.

    (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 
636(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), in the matter preceding 
                clause (i), by striking ``and (E)'' and inserting ``(E), 
                and (F)''; and
                    (B) by adding at the end the following:
                    ``(F) Participation in the paycheck protection 
                program.--In an agreement to participate in a loan on a 
                deferred basis under paragraph (36), the participation 
                by the Administration shall be 100 percent.''; and
            (2) by adding at the end the following:
            ``(36) Paycheck protection program.--
                    ``(A) Definitions.--In this paragraph--
                          ``(i) the terms `appropriate Federal banking 
                      agency' and `insured depository institution' have 
                      the meanings given those terms in section 3 of the 
                      Federal Deposit Insurance Act (12 U.S.C. 1813);
                          ``(ii) the term `covered loan' means a loan 
                      made under this paragraph during the covered 
                      period;
                          ``(iii) the term `covered period' means the 
                      period beginning on February 15, 2020 and ending 
                      on June 30, 2020;
                          ``(iv) the term `eligible recipient' means an 
                      individual or entity that is eligible to receive a 
                      covered loan;
                          ``(v) the term `eligible self-employed 
                      individual' has the meaning given the term in 
                      section 7002(b) of the Families First Coronavirus 
                      Response Act (Public Law 116-127);
                          ``(vi) the term `insured credit union' has the 
                      meaning given the term in section 101 of the 
                      Federal Credit Union Act (12 U.S.C. 1752);
                          ``(vii) the term `nonprofit organization' 
                      means an organization that is described in section 
                      501(c)(3) of the Internal Revenue Code of 1986 and 
                      that is exempt from taxation under section 501(a) 
                      of such Code;

[[Page 134 STAT. 287]]

                          ``(viii) the term `payroll costs'--
                                    ``(I) means--
                                            ``(aa) the sum of payments 
                                        of any compensation with respect 
                                        to employees that is a--
                                                ``(AA) salary, wage, 
                                            commission, or similar 
                                            compensation;
                                                ``(BB) payment of cash 
                                            tip or equivalent;
                                                ``(CC) payment for 
                                            vacation, parental, family, 
                                            medical, or sick leave;
                                                ``(DD) allowance for 
                                            dismissal or separation;
                                                ``(EE) payment required 
                                            for the provisions of group 
                                            health care benefits, 
                                            including insurance 
                                            premiums;
                                                ``(FF) payment of any 
                                            retirement benefit; or
                                                ``(GG) payment of State 
                                            or local tax assessed on the 
                                            compensation of employees; 
                                            and
                                            ``(bb) the sum of payments 
                                        of any compensation to or income 
                                        of a sole proprietor or 
                                        independent contractor that is a 
                                        wage, commission, income, net 
                                        earnings from self-employment, 
                                        or similar compensation and that 
                                        is in an amount that is not more 
                                        than $100,000 in 1 year, as 
                                        prorated for the covered period; 
                                        and
                                    ``(II) shall not include--
                                            ``(aa) the compensation of 
                                        an individual employee in excess 
                                        of an annual salary of $100,000, 
                                        as prorated for the covered 
                                        period;
                                            ``(bb) taxes imposed or 
                                        withheld under chapters 21, 22, 
                                        or 24 of the Internal Revenue 
                                        Code of 1986 during the covered 
                                        period;
                                            ``(cc) any compensation of 
                                        an employee whose principal 
                                        place of residence is outside of 
                                        the United States;
                                            ``(dd) qualified sick leave 
                                        wages for which a credit is 
                                        allowed under section 7001 of 
                                        the Families First Coronavirus 
                                        Response Act (Public Law 116-
                                        127); or
                                            ``(ee) qualified family 
                                        leave wages for which a credit 
                                        is allowed under section 7003 of 
                                        the Families First Coronavirus 
                                        Response Act (Public Law 116-
                                        127); and
                          ``(ix) the term `veterans organization' means 
                      an organization that is described in section 
                      501(c)(19) of the Internal Revenue Code that is 
                      exempt from taxation under section 501(a) of such 
                      Code.
                    ``(B) Paycheck protection loans.--Except as 
                otherwise provided in this paragraph, the Administrator 
                may guarantee covered loans under the same terms, 
                conditions, and processes as a loan made under this 
                subsection.

[[Page 134 STAT. 288]]

                    ``(C) <<NOTE: Deadline.>>  Registration of loans.--
                Not later than 15 days after the date on which a loan is 
                made under this paragraph, the Administration shall 
                register the loan using the TIN (as defined in section 
                7701 of the Internal Revenue Code of 1986) assigned to 
                the borrower.
                    ``(D) Increased eligibility for certain small 
                businesses and organizations.--
                          ``(i) In general.--During the covered period, 
                      in addition to small business concerns, any 
                      business concern, nonprofit organization, veterans 
                      organization, or Tribal business concern described 
                      in section 31(b)(2)(C) shall be eligible to 
                      receive a covered loan if the business concern, 
                      nonprofit organization, veterans organization, or 
                      Tribal business concern employs not more than the 
                      greater of--
                                    ``(I) 500 employees; or
                                    ``(II) if applicable, the size 
                                standard in number of employees 
                                established by the Administration for 
                                the industry in which the business 
                                concern, nonprofit organization, 
                                veterans organization, or Tribal 
                                business concern operates.
                          ``(ii) Inclusion of sole proprietors, 
                      independent contractors, and eligible self-
                      employed individuals.--
                                    ``(I) In general.--During the 
                                covered period, individuals who operate 
                                under a sole proprietorship or as an 
                                independent contractor and eligible 
                                self-employed individuals shall be 
                                eligible to receive a covered loan.
                                    ``(II) <<NOTE: Determination.>>  
                                Documentation.--An eligible self-
                                employed individual, independent 
                                contractor, or sole proprietorship 
                                seeking a covered loan shall submit such 
                                documentation as is necessary to 
                                establish such individual as eligible, 
                                including payroll tax filings reported 
                                to the Internal Revenue Service, Forms 
                                1099-MISC, and income and expenses from 
                                the sole proprietorship, as determined 
                                by the Administrator and the Secretary.
                          ``(iii) Business concerns with more than 1 
                      physical location.--During the covered period, any 
                      business concern that employs not more than 500 
                      employees per physical location of the business 
                      concern and that is assigned a North American 
                      Industry Classification System code beginning with 
                      72 at the time of disbursal shall be eligible to 
                      receive a covered loan.
                          ``(iv) Waiver of affiliation rules.--During 
                      the covered period, the provisions applicable to 
                      affiliations under section 121.103 of title 13, 
                      Code of Federal Regulations, or any successor 
                      regulation, are waived with respect to eligibility 
                      for a covered loan for--
                                    ``(I) any business concern with not 
                                more than 500 employees that, as of the 
                                date on which the covered loan is 
                                disbursed, is assigned a North American 
                                Industry Classification System code 
                                beginning with 72;

[[Page 134 STAT. 289]]

                                    ``(II) any business concern 
                                operating as a franchise that is 
                                assigned a franchise identifier code by 
                                the Administration; and
                                    ``(III) any business concern that 
                                receives financial assistance from a 
                                company licensed under section 301 of 
                                the Small Business Investment Act of 
                                1958 (15 U.S.C. 681).
                          ``(v) <<NOTE: Definition.>>  Employee.--For 
                      purposes of determining whether a business 
                      concern, nonprofit organization, veterans 
                      organization, or Tribal business concern described 
                      in section 31(b)(2)(C) employs not more than 500 
                      employees under clause (i)(I), the term `employee' 
                      includes individuals employed on a full-time, 
                      part-time, or other basis.
                          ``(vi) <<NOTE: Applicability.>>  
                      Affiliation.--The provisions applicable to 
                      affiliations under section 121.103 of title 13, 
                      Code of Federal Regulations, or any successor 
                      thereto, shall apply with respect to a nonprofit 
                      organization and a veterans organization in the 
                      same manner as with respect to a small business 
                      concern.
                    ``(E) Maximum loan amount.--During the covered 
                period, with respect to a covered loan, the maximum loan 
                amount shall be the lesser of--
                          ``(i)(I) the sum of--
                                    ``(aa) the product obtained by 
                                multiplying--
                                            ``(AA) <<NOTE: Time 
                                        periods. Determination.>>  the 
                                        average total monthly payments 
                                        by the applicant for payroll 
                                        costs incurred during the 1-year 
                                        period before the date on which 
                                        the loan is made, except that, 
                                        in the case of an applicant that 
                                        is seasonal employer, as 
                                        determined by the Administrator, 
                                        the average total monthly 
                                        payments for payroll shall be 
                                        for the 12-week period beginning 
                                        February 15, 2019, or at the 
                                        election of the eligible 
                                        recipient, March 1, 2019, and 
                                        ending June 30, 2019; by
                                            ``(BB) 2.5; and
                                    ``(bb) the outstanding amount of a 
                                loan under subsection (b)(2) that was 
                                made during the period beginning on 
                                January 31, 2020 and ending on the date 
                                on which covered loans are made 
                                available to be refinanced under the 
                                covered loan; or
                          ``(II) if requested by an otherwise eligible 
                      recipient that was not in business during the 
                      period beginning on February 15, 2019 and ending 
                      on June 30, 2019, the sum of--
                                    ``(aa) the product obtained by 
                                multiplying--
                                            ``(AA) the average total 
                                        monthly payments by the 
                                        applicant for payroll costs 
                                        incurred during the period 
                                        beginning on January 1, 2020 and 
                                        ending on February 29, 2020; by
                                            ``(BB) 2.5; and
                                    ``(bb) the outstanding amount of a 
                                loan under subsection (b)(2) that was 
                                made during the period beginning on 
                                January 31, 2020 and ending on the date 
                                on which covered loans are made 
                                available to be refinanced under the 
                                covered loan; or

[[Page 134 STAT. 290]]

                          ``(ii) $10,000,000.
                    ``(F) Allowable uses of covered loans.--
                          ``(i) In general.--During the covered period, 
                      an eligible recipient may, in addition to the 
                      allowable uses of a loan made under this 
                      subsection, use the proceeds of the covered loan 
                      for--
                                    ``(I) payroll costs;
                                    ``(II) costs related to the 
                                continuation of group health care 
                                benefits during periods of paid sick, 
                                medical, or family leave, and insurance 
                                premiums;
                                    ``(III) employee salaries, 
                                commissions, or similar compensations;
                                    ``(IV) payments of interest on any 
                                mortgage obligation (which shall not 
                                include any prepayment of or payment of 
                                principal on a mortgage obligation);
                                    ``(V) rent (including rent under a 
                                lease agreement);
                                    ``(VI) utilities; and
                                    ``(VII) interest on any other debt 
                                obligations that were incurred before 
                                the covered period.
                          ``(ii) Delegated authority.--
                                    ``(I) In general.--For purposes of 
                                making covered loans for the purposes 
                                described in clause (i), a lender 
                                approved to make loans under this 
                                subsection shall be deemed to have been 
                                delegated authority by the Administrator 
                                to make and approve covered loans, 
                                subject to the provisions of this 
                                paragraph.
                                    ``(II) <<NOTE: Evaluation.>>  
                                Considerations.--In evaluating the 
                                eligibility of a borrower for a covered 
                                loan with the terms described in this 
                                paragraph, a lender shall consider 
                                whether the borrower--
                                            ``(aa) was in operation on 
                                        February 15, 2020; and
                                            ``(bb)(AA) had employees for 
                                        whom the borrower paid salaries 
                                        and payroll taxes; or
                                            ``(BB) paid independent 
                                        contractors, as reported on a 
                                        Form 1099-MISC.
                          ``(iii) <<NOTE: Determination.>>  Additional 
                      lenders.--The authority to make loans under this 
                      paragraph shall be extended to additional lenders 
                      determined by the Administrator and the Secretary 
                      of the Treasury to have the necessary 
                      qualifications to process, close, disburse and 
                      service loans made with the guarantee of the 
                      Administration.
                          ``(iv) <<NOTE: Time period.>>  Refinance.--A 
                      loan made under subsection (b)(2) during the 
                      period beginning on January 31, 2020 and ending on 
                      the date on which covered loans are made available 
                      may be refinanced as part of a covered loan.
                          ``(v) Nonrecourse.--Notwithstanding the waiver 
                      of the personal guarantee requirement or 
                      collateral under subparagraph (J), the 
                      Administrator shall have no recourse against any 
                      individual shareholder, member, or partner of an 
                      eligible recipient of a covered loan for 
                      nonpayment of any covered loan, except to

[[Page 134 STAT. 291]]

                      the extent that such shareholder, member, or 
                      partner uses the covered loan proceeds for a 
                      purpose not authorized under clause (i).
                    ``(G) Borrower requirements.--
                          ``(i) Certification.--An eligible recipient 
                      applying for a covered loan shall make a good 
                      faith certification--
                                    ``(I) that the uncertainty of 
                                current economic conditions makes 
                                necessary the loan request to support 
                                the ongoing operations of the eligible 
                                recipient;
                                    ``(II) acknowledging that funds will 
                                be used to retain workers and maintain 
                                payroll or make mortgage payments, lease 
                                payments, and utility payments;
                                    ``(III) that the eligible recipient 
                                does not have an application pending for 
                                a loan under this subsection for the 
                                same purpose and duplicative of amounts 
                                applied for or received under a covered 
                                loan; and
                                    ``(IV) <<NOTE: Time period.>>  
                                during the period beginning on February 
                                15, 2020 and ending on December 31, 
                                2020, that the eligible recipient has 
                                not received amounts under this 
                                subsection for the same purpose and 
                                duplicative of amounts applied for or 
                                received under a covered loan.
                    ``(H) Fee waiver.--During the covered period, with 
                respect to a covered loan--
                          ``(i) in lieu of the fee otherwise applicable 
                      under paragraph (23)(A), the Administrator shall 
                      collect no fee; and
                          ``(ii) in lieu of the fee otherwise applicable 
                      under paragraph (18)(A), the Administrator shall 
                      collect no fee.
                    ``(I) Credit elsewhere.--During the covered period, 
                the requirement that a small business concern is unable 
                to obtain credit elsewhere, as defined in section 3(h), 
                shall not apply to a covered loan.
                    ``(J) Waiver of personal guarantee requirement.--
                During the covered period, with respect to a covered 
                loan--
                          ``(i) no personal guarantee shall be required 
                      for the covered loan; and
                          ``(ii) no collateral shall be required for the 
                      covered loan.
                    ``(K) Maturity for loans with remaining balance 
                after application of forgiveness.--With respect to a 
                covered loan that has a remaining balance after 
                reduction based on the loan forgiveness amount under 
                section 1106 of the CARES Act--
                          ``(i) the remaining balance shall continue to 
                      be guaranteed by the Administration under this 
                      subsection; and
                          ``(ii) the covered loan shall have a maximum 
                      maturity of 10 years from the date on which the 
                      borrower applies for loan forgiveness under that 
                      section.
                    ``(L) Interest rate requirements.--A covered loan 
                shall bear an interest rate not to exceed 4 percent.

[[Page 134 STAT. 292]]

                    ``(M) <<NOTE: Time period.>>  Loan deferment.--
                          ``(i) Definition of impacted borrower.--
                                    ``(I) In general.--In this 
                                subparagraph, the term `impacted 
                                borrower' means an eligible recipient 
                                that--
                                            ``(aa) is in operation on 
                                        February 15, 2020; and
                                            ``(bb) has an application 
                                        for a covered loan that is 
                                        approved or pending approval on 
                                        or after the date of enactment 
                                        of this paragraph.
                                    ``(II) Presumption.--For purposes of 
                                this subparagraph, an impacted borrower 
                                is presumed to have been adversely 
                                impacted by COVID-19.
                          ``(ii) Deferral.--During the covered period, 
                      the Administrator shall--
                                    ``(I) consider each eligible 
                                recipient that applies for a covered 
                                loan to be an impacted borrower; and
                                    ``(II) require lenders under this 
                                subsection to provide complete payment 
                                deferment relief for impacted borrowers 
                                with covered loans for a period of not 
                                less than 6 months, including payment of 
                                principal, interest, and fees, and not 
                                more than 1 year.
                          ``(iii) Secondary market.--During the covered 
                      period, with respect to a covered loan that is 
                      sold on the secondary market, if an investor 
                      declines to approve a deferral requested by a 
                      lender under clause (ii), the Administrator shall 
                      exercise the authority to purchase the loan so 
                      that the impacted borrower may receive a deferral 
                      for a period of not less than 6 months, including 
                      payment of principal, interest, and fees, and not 
                      more than 1 year.
                          ``(iv) <<NOTE: Deadline.>>  Guidance.--Not 
                      later than 30 days after the date of enactment of 
                      this paragraph, the Administrator shall provide 
                      guidance to lenders under this paragraph on the 
                      deferment process described in this subparagraph.
                    ``(N) Secondary market sales.--A covered loan shall 
                be eligible to be sold in the secondary market 
                consistent with this subsection. The Administrator may 
                not collect any fee for any guarantee sold into the 
                secondary market under this subparagraph.
                    ``(O) Regulatory capital requirements.--
                          ``(i) Risk weight.--With respect to the 
                      appropriate Federal banking agencies or the 
                      National Credit Union Administration Board 
                      applying capital requirements under their 
                      respective risk-based capital requirements, a 
                      covered loan shall receive a risk weight of zero 
                      percent.
                          ``(ii) Temporary relief from tdr 
                      disclosures.--Notwithstanding any other provision 
                      of law, an insured depository institution or an 
                      insured credit union that modifies a covered loan 
                      in relation to COVID-19-related difficulties in a 
                      troubled debt restructuring on or after March 13, 
                      2020, shall not be required to comply with the 
                      Financial Accounting Standards Board

[[Page 134 STAT. 293]]

                      Accounting Standards Codification Subtopic 310-40 
                      (`Receivables - Troubled Debt Restructurings by 
                      Creditors') for purposes of compliance with the 
                      requirements of the Federal Deposit Insurance Act 
                      (12 U.S.C. 1811 et seq.), until such time and 
                      under such circumstances as the appropriate 
                      Federal banking agency or the National Credit 
                      Union Administration Board, as applicable, 
                      determines appropriate.
                    ``(P) Reimbursement for processing.--
                          ``(i) In general.--The Administrator shall 
                      reimburse a lender authorized to make a covered 
                      loan at a rate, based on the balance of the 
                      financing outstanding at the time of disbursement 
                      of the covered loan, of--
                                    ``(I) 5 percent for loans of not 
                                more than $350,000;
                                    ``(II) 3 percent for loans of more 
                                than $350,000 and less than $2,000,000; 
                                and
                                    ``(III) 1 percent for loans of not 
                                less than $2,000,000.
                          ``(ii) Fee limits.--An agent that assists an 
                      eligible recipient to prepare an application for a 
                      covered loan may not collect a fee in excess of 
                      the limits established by the Administrator.
                          ``(iii) <<NOTE: Deadline.>>  Timing.--A 
                      reimbursement described in clause (i) shall be 
                      made not later than 5 days after the disbursement 
                      of the covered loan.
                          ``(iv) Sense of the senate.--It is the sense 
                      of the Senate that the Administrator should issue 
                      guidance to lenders and agents to ensure that the 
                      processing and disbursement of covered loans 
                      prioritizes small business concerns and entities 
                      in underserved and rural markets, including 
                      veterans and members of the military community, 
                      small business concerns owned and controlled by 
                      socially and economically disadvantaged 
                      individuals (as defined in section 8(d)(3)(C)), 
                      women, and businesses in operation for less than 2 
                      years.
                    ``(Q) <<NOTE: Time period.>>  Duplication.--Nothing 
                in this paragraph shall prohibit a recipient of an 
                economic injury disaster loan made under subsection 
                (b)(2) during the period beginning on January 31, 2020 
                and ending on the date on which covered loans are made 
                available that is for a purpose other than paying 
                payroll costs and other obligations described in 
                subparagraph (F) from receiving assistance under this 
                paragraph.
                    ``(R) Waiver of prepayment penalty.--Notwithstanding 
                any other provision of law, there shall be no prepayment 
                penalty for any payment made on a covered loan.''.

    (b) <<NOTE: Time period.>>  Commitments for 7(a) Loans.--During the 
period beginning on February 15, 2020 and ending on June 30, 2020--
            (1) the amount authorized for commitments for general 
        business loans authorized under section 7(a) of the Small 
        Business Act (15 U.S.C. 636(a)), including loans made under 
        paragraph (36) of such section, as added by subsection (a), 
        shall be $349,000,000,000; and

[[Page 134 STAT. 294]]

            (2) the amount authorized for commitments for such loans 
        under the heading ``business loans program account'' under the 
        heading ``Small Business Administration'' under title V of the 
        Consolidated Appropriations Act, 2020 (Public Law 116-93; 133 
        Stat. 2475) shall not apply.

    (c) Express Loans.--
            (1) In general.--Section 7(a)(31)(D) of the Small Business 
        Act (15 U.S.C. 636(a)(31)(D)) is amended by striking 
        ``$350,000'' and inserting ``$1,000,000''.
            (2) <<NOTE: Effective date. 15 USC 636 note.>>  Prospective 
        repeal.--Effective on January 1, 2021, section 7(a)(31)(D) of 
        the Small Business Act (15 U.S.C. 636(a)(31)(D)) is amended by 
        striking ``$1,000,000'' and inserting ``$350,000''.

    (d) Exception to Guarantee Fee Waiver for Veterans.--Section 
7(a)(31)(G) of the Small Business Act (15 U.S.C. 636(a)(31)(G)) is 
amended--
            (1) by striking clause (ii); and
            (2) by redesignating clause (iii) as clause (ii).

    (e) <<NOTE: 15 USC 636 note.>>  Interim Rule.--On and after the date 
of enactment of this Act, the interim final rule published by the 
Administrator entitled ``Express Loan Programs: Affiliation Standards'' 
(85 Fed. Reg. 7622 (February 10, 2020)) is permanently rescinded and 
shall have no force or effect.
SEC. 1103. <<NOTE: 15 USC 9002.>>  ENTREPRENEURIAL DEVELOPMENT.

    (a) Definitions.--In this section--
            (1) the term ``covered small business concern'' means a 
        small business concern that has experienced, as a result of 
        COVID-19--
                    (A) supply chain disruptions, including changes in--
                          (i) quantity and lead time, including the 
                      number of shipments of components and delays in 
                      shipments;
                          (ii) quality, including shortages in supply 
                      for quality control reasons; and
                          (iii) technology, including a compromised 
                      payment network;
                    (B) staffing challenges;
                    (C) a decrease in gross receipts or customers; or
                    (D) a closure;
            (2) the term ``resource partner'' means--
                    (A) a small business development center; and
                    (B) a women's business center;
            (3) the term ``small business development center'' has the 
        meaning given the term in section 3 of the Small Business Act 
        (15 U.S.C. 632); and
            (4) the term ``women's business center'' means a women's 
        business center described in section 29 of the Small Business 
        Act (15 U.S.C. 656).

    (b) Education, Training, and Advising Grants.--
            (1) In general.--The Administration may provide financial 
        assistance in the form of grants to resource partners to provide 
        education, training, and advising to covered small business 
        concerns.
            (2) Use of funds.--Grants under this subsection shall be 
        used for the education, training, and advising of covered small 
        business concerns and their employees on--

[[Page 134 STAT. 295]]

                    (A) accessing and applying for resources provided by 
                the Administration and other Federal resources relating 
                to access to capital and business resiliency;
                    (B) the hazards and prevention of the transmission 
                and communication of COVID-19 and other communicable 
                diseases;
                    (C) the potential effects of COVID-19 on the supply 
                chains, distribution, and sale of products of covered 
                small business concerns and the mitigation of those 
                effects;
                    (D) the management and practice of telework to 
                reduce possible transmission of COVID-19;
                    (E) the management and practice of remote customer 
                service by electronic or other means;
                    (F) the risks of and mitigation of cyber threats in 
                remote customer service or telework practices;
                    (G) the mitigation of the effects of reduced travel 
                or outside activities on covered small business concerns 
                during COVID-19 or similar occurrences; and
                    (H) any other relevant business practices necessary 
                to mitigate the economic effects of COVID-19 or similar 
                occurrences.
            (3) Grant determination.--
                    (A) Small business development centers.--The 
                Administration shall award 80 percent of funds 
                authorized to carry out this subsection to small 
                business development centers, which shall be awarded 
                pursuant to a formula jointly developed, negotiated, and 
                agreed upon, with full participation of both parties, 
                between the association formed under section 21(a)(3)(A) 
                of the Small Business Act (15 U.S.C. 648(a)(3)(A)) and 
                the Administration.
                    (B) Women's business centers.--The Administration 
                shall award 20 percent of funds authorized to carry out 
                this subsection to women's business centers, which shall 
                be awarded pursuant to a process established by the 
                Administration in consultation with recipients of 
                assistance.
                    (C) No matching funds required.--Matching funds 
                shall not be required for any grant under this 
                subsection.
            (4) Goals and metrics.--
                    (A) In general.--Goals and metrics for the funds 
                made available under this subsection shall be jointly 
                developed, negotiated, and agreed upon, with full 
                participation of both parties, between the resource 
                partners and the Administrator, which shall--
                          (i) take into consideration the extent of the 
                      circumstances relating to the spread of COVID-19, 
                      or similar occurrences, that affect covered small 
                      business concerns located in the areas covered by 
                      the resource partner, particularly in rural areas 
                      or economically distressed areas;
                          (ii) generally follow the use of funds 
                      outlined in paragraph (2), but shall not restrict 
                      the activities of resource partners in responding 
                      to unique situations; and
                          (iii) encourage resource partners to develop 
                      and provide services to covered small business 
                      concerns.

[[Page 134 STAT. 296]]

                    (B) <<NOTE: Methodologies.>>  Public availability.--
                The Administrator shall make publicly available the 
                methodology by which the Administrator and resource 
                partners jointly develop the metrics and goals described 
                in subparagraph (A).

    (c) Resource Partner Association Grants.--
            (1) In general.--The Administrator may provide grants to an 
        association or associations representing resource partners under 
        which the association or associations shall establish a single 
        centralized hub for COVID-19 information, which shall include--
                    (A) 1 online platform that consolidates resources 
                and information available across multiple Federal 
                agencies for small business concerns related to COVID-
                19; and
                    (B) a training program to educate resource partner 
                counselors, members of the Service Corps of Retired 
                Executives established under section 8(b)(1)(B) of the 
                Small Business Act (15 U.S.C. 637(b)(1)(B)), and 
                counselors at veterans business outreach centers 
                described in section 32 of the Small Business Act (15 
                U.S.C. 657b) on the resources and information described 
                in subparagraph (A).
            (2) Goals and metrics.--Goals and metrics for the funds made 
        available under this subsection shall be jointly developed, 
        negotiated, and agreed upon, with full participation of both 
        parties, between the association or associations receiving a 
        grant under this subsection and the Administrator.

    (d) Report.--Not later than 6 months after the date of enactment of 
this Act, and annually thereafter, the Administrator shall submit to the 
Committee on Small Business and Entrepreneurship of the Senate and the 
Committee on Small Business of the House of Representatives a report 
that describes--
            (1) with respect to the initial year covered by the report--
                    (A) the programs and services developed and provided 
                by the Administration and resource partners under 
                subsection (b);
                    (B) the initial efforts to provide those services 
                under subsection (b); and
                    (C) the online platform and training developed and 
                provided by the Administration and the association or 
                associations under subsection (c); and
            (2) with respect to the subsequent years covered by the 
        report--
                    (A) with respect to the grant program under 
                subsection (b)--
                          (i) the efforts of the Administrator and 
                      resource partners to develop services to assist 
                      covered small business concerns;
                          (ii) the challenges faced by owners of covered 
                      small business concerns in accessing services 
                      provided by the Administration and resource 
                      partners;
                          (iii) the number of unique covered small 
                      business concerns that were served by the 
                      Administration and resource partners; and
                          (iv) other relevant outcome performance data 
                      with respect to covered small business concerns, 
                      including the number of employees affected, the 
                      effect on sales, the disruptions of supply chains, 
                      and the efforts made

[[Page 134 STAT. 297]]

                      by the Administration and resource partners to 
                      mitigate these effects; and
                    (B) with respect to the grant program under 
                subsection (c)--
                          (i) the efforts of the Administrator and the 
                      association or associations to develop and evolve 
                      an online resource for small business concerns; 
                      and
                          (ii) the efforts of the Administrator and the 
                      association or associations to develop a training 
                      program for resource partner counselors, including 
                      the number of counselors trained.
SEC. 1104. STATE TRADE EXPANSION PROGRAM.

    (a) <<NOTE: Extension.>>  In General.--Notwithstanding paragraph 
(3)(C)(iii) of section 22(l) of the Small Business Act (15 U.S.C. 
649(l)), for grants under the State Trade Expansion Program under such 
section 22(l) using amounts made available for fiscal year 2018 or 
fiscal year 2019, the period of the grant shall continue through the end 
of fiscal year 2021.

    (b) Reimbursement.--The Administrator shall reimburse any recipient 
of assistance under section 22(l) of the Small Business Act (15 U.S.C. 
649(l)) for financial losses relating to a foreign trade mission or a 
trade show exhibition that was cancelled solely due to a public health 
emergency declared due to COVID-19 if the reimbursement does not exceed 
a recipient's grant funding.
SEC. 1105. <<NOTE: Time period. 15 USC 9004.>>  WAIVER OF MATCHING 
                          FUNDS REQUIREMENT UNDER THE WOMEN'S 
                          BUSINESS CENTER PROGRAM.

    During the 3-month period beginning on the date of enactment of this 
Act, the requirement relating to obtaining cash contributions from non-
Federal sources under section 29(c)(1) of the Small Business Act (15 
U.S.C. 656(c)(1)) is waived for any recipient of assistance under such 
section 29.
SEC. 1106. <<NOTE: 15 USC 9005.>>  LOAN FORGIVENESS.

    (a) Definitions.--In this section--
            (1) the term ``covered loan'' means a loan guaranteed under 
        paragraph (36) of section 7(a) of the Small Business Act (15 
        U.S.C. 636(a)), as added by section 1102;
            (2) the term ``covered mortgage obligation'' means any 
        indebtedness or debt instrument incurred in the ordinary course 
        of business that--
                    (A) is a liability of the borrower;
                    (B) is a mortgage on real or personal property; and
                    (C) was incurred before February 15, 2020;
            (3) the term ``covered period'' means the 8-week period 
        beginning on the date of the origination of a covered loan;
            (4) the term ``covered rent obligation'' means rent 
        obligated under a leasing agreement in force before February 15, 
        2020;
            (5) the term ``covered utility payment'' means payment for a 
        service for the distribution of electricity, gas, water, 
        transportation, telephone, or internet access for which service 
        began before February 15, 2020;
            (6) the term ``eligible recipient'' means the recipient of a 
        covered loan;
            (7) the term ``expected forgiveness amount'' means the 
        amount of principal that a lender reasonably expects a borrower 
        to expend during the covered period on the sum of any--

[[Page 134 STAT. 298]]

                    (A) payroll costs;
                    (B) payments of interest on any covered mortgage 
                obligation (which shall not include any prepayment of or 
                payment of principal on a covered mortgage obligation);
                    (C) payments on any covered rent obligation; and
                    (D) covered utility payments; and
            (8) the term ``payroll costs'' has the meaning given that 
        term in paragraph (36) of section 7(a) of the Small Business Act 
        (15 U.S.C. 636(a)), as added by section 1102 of this Act.

    (b) Forgiveness.--An eligible recipient shall be eligible for 
forgiveness of indebtedness on a covered loan in an amount equal to the 
sum of the following costs incurred and payments made during the covered 
period:
            (1) Payroll costs.
            (2) Any payment of interest on any covered mortgage 
        obligation (which shall not include any prepayment of or payment 
        of principal on a covered mortgage obligation).
            (3) Any payment on any covered rent obligation.
            (4) Any covered utility payment.

    (c) Treatment of Amounts Forgiven.--
            (1) In general.--Amounts which have been forgiven under this 
        section shall be considered canceled indebtedness by a lender 
        authorized under section 7(a) of the Small Business Act (15 
        U.S.C. 636(a)).
            (2) Purchase of guarantees.--For purposes of the purchase of 
        the guarantee for a covered loan by the Administrator, amounts 
        which are forgiven under this section shall be treated in 
        accordance with the procedures that are otherwise applicable to 
        a loan guaranteed under section 7(a) of the Small Business Act 
        (15 U.S.C. 636(a)).
            (3) <<NOTE: Deadline.>>  Remittance.--Not later than 90 days 
        after the date on which the amount of forgiveness under this 
        section is determined, the Administrator shall remit to the 
        lender an amount equal to the amount of forgiveness, plus any 
        interest accrued through the date of payment.
            (4) Advance purchase of covered loan.--
                    (A) Report.--A lender authorized under section 7(a) 
                of the Small Business Act (15 U.S.C. 636(a)), or, at the 
                discretion of the Administrator, a third party 
                participant in the secondary market, may, report to the 
                Administrator an expected forgiveness amount on a 
                covered loan or on a pool of covered loans of up to 100 
                percent of the principal on the covered loan or pool of 
                covered loans, respectively.
                    (B) Purchase.--The Administrator shall purchase the 
                expected forgiveness amount described in subparagraph 
                (A) as if the amount were the principal amount of a loan 
                guaranteed under section 7(a) of the Small Business Act 
                636(a)).
                    (C) <<NOTE: Deadline.>>  Timing.--Not later than 15 
                days after the date on which the Administrator receives 
                a report under subparagraph (A), the Administrator shall 
                purchase the expected forgiveness amount under 
                subparagraph (B) with respect to each covered loan to 
                which the report relates.

    (d) Limits on Amount of Forgiveness.--

[[Page 134 STAT. 299]]

            (1) Amount may not exceed principal.--The amount of loan 
        forgiveness under this section shall not exceed the principal 
        amount of the financing made available under the applicable 
        covered loan.
            (2) Reduction based on reduction in number of employees.--
                    (A) In general.--The amount of loan forgiveness 
                under this section shall be reduced, but not increased, 
                by multiplying the amount described in subsection (b) by 
                the quotient obtained by dividing--
                          (i) the average number of full-time equivalent 
                      employees per month employed by the eligible 
                      recipient during the covered period; by
                          (ii)(I) <<NOTE: Time periods.>>  at the 
                      election of the borrower--
                                    (aa) the average number of full-time 
                                equivalent employees per month employed 
                                by the eligible recipient during the 
                                period beginning on February 15, 2019 
                                and ending on June 30, 2019; or
                                    (bb) the average number of full-time 
                                equivalent employees per month employed 
                                by the eligible recipient during the 
                                period beginning on January 1, 2020 and 
                                ending on February 29, 2020; or
                          (II) <<NOTE: Determination.>>  in the case of 
                      an eligible recipient that is seasonal employer, 
                      as determined by the Administrator, the average 
                      number of full-time equivalent employees per month 
                      employed by the eligible recipient during the 
                      period beginning on February 15, 2019 and ending 
                      on June 30, 2019.
                    (B) Calculation of average number of employees.--
                For <<NOTE: Determination.>>  purposes of subparagraph 
                (A), the average number of full-time equivalent 
                employees shall be determined by calculating the average 
                number of full-time equivalent employees for each pay 
                period falling within a month.
            (3) Reduction relating to salary and wages.--
                    (A) In general.--The amount of loan forgiveness 
                under this section shall be reduced by the amount of any 
                reduction in total salary or wages of any employee 
                described in subparagraph (B) during the covered period 
                that is in excess of 25 percent of the total salary or 
                wages of the employee during the most recent full 
                quarter during which the employee was employed before 
                the covered period.
                    (B) Employees described.--An employee described in 
                this subparagraph is any employee who did not receive, 
                during any single pay period during 2019, wages or 
                salary at an annualized rate of pay in an amount more 
                than $100,000.
            (4) Tipped workers.--An eligible recipient with tipped 
        employees described in section 3(m)(2)(A) of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) may receive 
        forgiveness for additional wages paid to those employees.
            (5) Exemption for re-hires.--
                    (A) <<NOTE: Determination. Time period.>>  In 
                general.--In a circumstance described in subparagraph 
                (B), the amount of loan forgiveness under this section 
                shall be determined without regard to a reduction in the 
                number of full-time equivalent employees of an eligible 
                recipient or a reduction in the salary of 1 or

[[Page 134 STAT. 300]]

                more employees of the eligible recipient, as applicable, 
                during the period beginning on February 15, 2020 and 
                ending on the date that is 30 days after the date of 
                enactment of this Act.
                    (B) <<NOTE: Time period. Deadline.>>  
                Circumstances.--A circumstance described in this 
                subparagraph is a circumstance--
                          (i) in which--
                                    (I) during the period beginning on 
                                February 15, 2020 and ending on the date 
                                that is 30 days after the date of 
                                enactment of this Act, there is a 
                                reduction, as compared to February 15, 
                                2020, in the number of full-time 
                                equivalent employees of an eligible 
                                recipient; and
                                    (II) not later than June 30, 2020, 
                                the eligible employer has eliminated the 
                                reduction in the number of full-time 
                                equivalent employees;
                          (ii) in which--
                                    (I) during the period beginning on 
                                February 15, 2020 and ending on the date 
                                that is 30 days after the date of 
                                enactment of this Act, there is a 
                                reduction, as compared to February 15, 
                                2020, in the salary or wages of 1 or 
                                more employees of the eligible 
                                recipient; and
                                    (II) not later than June 30, 2020, 
                                the eligible employer has eliminated the 
                                reduction in the salary or wages of such 
                                employees; or
                          (iii) in which the events described in clause 
                      (i) and (ii) occur.
            (6) Exemptions.--The Administrator and the Secretary of the 
        Treasury may prescribe regulations granting de minimis 
        exemptions from the requirements under this subsection.

    (e) Application.--An eligible recipient seeking loan forgiveness 
under this section shall submit to the lender that is servicing the 
covered loan an application, which shall include--
            (1) documentation verifying the number of full-time 
        equivalent employees on payroll and pay rates for the periods 
        described in subsection (d), including--
                    (A) payroll tax filings reported to the Internal 
                Revenue Service; and
                    (B) State income, payroll, and unemployment 
                insurance filings;
            (2) documentation, including cancelled checks, payment 
        receipts, transcripts of accounts, or other documents verifying 
        payments on covered mortgage obligations, payments on covered 
        lease obligations, and covered utility payments;
            (3) <<NOTE: Certification.>>  a certification from a 
        representative of the eligible recipient authorized to make such 
        certifications that--
                    (A) the documentation presented is true and correct; 
                and
                    (B) the amount for which forgiveness is requested 
                was used to retain employees, make interest payments on 
                a covered mortgage obligation, make payments on a 
                covered rent obligation, or make covered utility 
                payments; and
            (4) any other documentation the Administrator determines 
        necessary.

    (f) <<NOTE: Requirement.>>  Prohibition on Forgiveness Without 
Documentation.--No eligible recipient shall receive forgiveness under 
this section

[[Page 134 STAT. 301]]

without submitting to the lender that is servicing the covered loan the 
documentation required under subsection (e).

    (g) <<NOTE: Deadline.>>  Decision.--Not later than 60 days after the 
date on which a lender receives an application for loan forgiveness 
under this section from an eligible recipient, the lender shall issue a 
decision on the an application.

    (h) Hold Harmless.--If a lender has received the documentation 
required under this section from an eligible recipient attesting that 
the eligible recipient has accurately verified the payments for payroll 
costs, payments on covered mortgage obligations, payments on covered 
lease obligations, or covered utility payments during covered period--
            (1) an enforcement action may not be taken against the 
        lender under section 47(e) of the Small Business Act (15 U.S.C. 
        657t(e)) relating to loan forgiveness for the payments for 
        payroll costs, payments on covered mortgage obligations, 
        payments on covered lease obligations, or covered utility 
        payments, as the case may be; and
            (2) the lender shall not be subject to any penalties by the 
        Administrator relating to loan forgiveness for the payments for 
        payroll costs, payments on covered mortgage obligations, 
        payments on covered lease obligations, or covered utility 
        payments, as the case may be.

    (i) Taxability.--For purposes of the Internal Revenue Code of 1986, 
any amount which (but for this subsection) would be includible in gross 
income of the eligible recipient by reason of forgiveness described in 
subsection (b) shall be excluded from gross income.
    (j) Rule of Construction.--The cancellation of indebtedness on a 
covered loan under this section shall not otherwise modify the terms and 
conditions of the covered loan.
    (k) <<NOTE: Deadline. Guidance.>>  Regulations.--Not later than 30 
days after the date of enactment of this Act, the Administrator shall 
issue guidance and regulations implementing this section.
SEC. 1107. <<NOTE: 15 USC 9006.>>  DIRECT APPROPRIATIONS.

    (a) In General.--There is appropriated, out of amounts in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2020, to remain available until September 30, 2021, for 
additional amounts--
            (1) $349,000,000,000 under the heading ``Small Business 
        Administration--Business Loans Program Account, CARES Act'' for 
        the cost of guaranteed loans as authorized under paragraph (36) 
        of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
        added by section 1102(a) of this Act;
            (2) $675,000,000 under the heading ``Small Business 
        Administration--Salaries and Expenses'' for salaries and 
        expenses of the Administration;
            (3) $25,000,000 under the heading ``Small Business 
        Administration--Office of Inspector General'', to remain 
        available until September 30, 2024, for necessary expenses of 
        the Office of Inspector General of the Administration in 
        carrying out the provisions of the Inspector General Act of 1978 
        (5 U.S.C. App.);
            (4) $265,000,000 under the heading ``Small Business 
        Administration--Entrepreneurial Development Programs'', of 
        which--

[[Page 134 STAT. 302]]

                    (A) $240,000,000 shall be for carrying out section 
                1103(b) of this Act; and
                    (B) $25,000,000 shall be for carrying out section 
                1103(c) of this Act;
            (5) $10,000,000 under the heading ``Department of Commerce--
        Minority Business Development Agency'' for minority business 
        centers of the Minority Business Development Agency to provide 
        technical assistance to small business concerns;
            (6) $10,000,000,000 under the heading ``Small Business 
        Administration--Emergency EIDL Grants'' shall be for carrying 
        out section 1110 of this Act;
            (7) $17,000,000,000 under the heading ``Small Business 
        Administration--Business Loans Program Account, CARES Act'' 
        shall be for carrying out section 1112 of this Act; and
            (8) $25,000,000 under the heading ``Department of the 
        Treasury--Departmental Offices--Salaries and Expenses'' shall be 
        for carrying out section 1109 of this Act.

    (b) <<NOTE: Time period.>>  Secondary Market.--During the period 
beginning on the date of enactment of this Act and ending on September 
30, 2021, guarantees of trust certificates authorized by section 5(g) of 
the Small Business Act (15 U.S.C. 635(g)) shall not exceed a principal 
amount of $100,000,000,000.

    (c) <<NOTE: Expenditure plan.>>  Reports.--Not later than 180 days 
after the date of enactment of this Act, the Administrator shall submit 
to the Committee on Appropriations of the Senate and the Committee on 
Appropriations of the House of Representatives a detailed expenditure 
plan for using the amounts appropriated to the Administration under 
subsection (a).
SEC. 1108. <<NOTE: 15 USC 9007.>>  MINORITY BUSINESS DEVELOPMENT 
                          AGENCY.

    (a) Definitions.--In this section--
            (1) the term ``Agency'' means the Minority Business 
        Development Agency of the Department of Commerce;
            (2) the term ``minority business center'' means a Business 
        Center of the Agency;
            (3) the term ``minority business enterprise'' means a for-
        profit business enterprise--
                    (A) not less than 51 percent of which is owned by 1 
                or more socially disadvantaged individuals, as 
                determined by the Agency; and
                    (B) the management and daily business operations of 
                which are controlled by 1 or more socially disadvantaged 
                individuals, as determined by the Agency; and
            (4) the term ``minority chamber of commerce'' means a 
        chamber of commerce developed specifically to support minority 
        business enterprises.

    (b) Education, Training, and Advising Grants.--
            (1) In general.--The Agency may provide financial assistance 
        in the form of grants to minority business centers and minority 
        chambers of commerce to provide education, training, and 
        advising to minority business enterprises.
            (2) Use of funds.--Grants under this section shall be used 
        for the education, training, and advising of minority business 
        enterprises and their employees on--
                    (A) accessing and applying for resources provided by 
                the Agency and other Federal resources relating to 
                access to capital and business resiliency;

[[Page 134 STAT. 303]]

                    (B) the hazards and prevention of the transmission 
                and communication of COVID-19 and other communicable 
                diseases;
                    (C) the potential effects of COVID-19 on the supply 
                chains, distribution, and sale of products of minority 
                business enterprises and the mitigation of those 
                effects;
                    (D) the management and practice of telework to 
                reduce possible transmission of COVID-19;
                    (E) the management and practice of remote customer 
                service by electronic or other means;
                    (F) the risks of and mitigation of cyber threats in 
                remote customer service or telework practices;
                    (G) the mitigation of the effects of reduced travel 
                or outside activities on minority business enterprises 
                during COVID-19 or similar occurrences; and
                    (H) any other relevant business practices necessary 
                to mitigate the economic effects of COVID-19 or similar 
                occurrences.
            (3) No matching funds required.--Matching funds shall not be 
        required for any grant under this section.
            (4) Goals and metrics.--
                    (A) In general.--Goals and metrics for the funds 
                made available under this section shall be jointly 
                developed, negotiated, and agreed upon, with full 
                participation of both parties, between the minority 
                business centers, minority chambers of commerce, and the 
                Agency, which shall--
                          (i) take into consideration the extent of the 
                      circumstances relating to the spread of COVID-19, 
                      or similar occurrences, that affect minority 
                      business enterprises located in the areas covered 
                      by minority business centers and minority chambers 
                      of commerce, particularly in rural areas or 
                      economically distressed areas;
                          (ii) generally follow the use of funds 
                      outlined in paragraph (2), but shall not restrict 
                      the activities of minority business centers and 
                      minority chambers of commerce in responding to 
                      unique situations; and
                          (iii) encourage minority business centers and 
                      minority chambers of commerce to develop and 
                      provide services to minority business enterprises.
                    (B) <<NOTE: Methodologies.>>  Public availability.--
                The Agency shall make publicly available the methodology 
                by which the Agency, minority business centers, and 
                minority chambers of commerce jointly develop the 
                metrics and goals described in subparagraph (A).

    (c) <<NOTE: Time periods.>>  Waivers.--
            (1) In general.--Notwithstanding any other provision of law 
        or regulation, the Agency may, during the 3-month period that 
        begins on the date of enactment of this Act, waive any matching 
        requirement imposed on a minority business center or a specialty 
        center of the Agency under a cooperative agreement between such 
        a center and the Agency if the applicable center is unable to 
        raise funds, or has suffered a loss of revenue, because of the 
        effects of COVID-19.
            (2) Remaining compliant.--Notwithstanding any provision of a 
        cooperative agreement between the Agency and a minority business 
        center, if, during the period beginning on the date

[[Page 134 STAT. 304]]

        of enactment of this Act and ending on September 30, 2021, such 
        a center decides not to collect fees because of the economic 
        consequences of COVID-19, the center shall be considered to be 
        in compliance with that agreement if--
                    (A) <<NOTE: Notification.>>  the center notifies the 
                Agency with respect to that decision, which the center 
                may provide through electronic mail; and
                    (B) <<NOTE: Deadline.>>  the Agency, not later than 
                15 days after the date on which the center provides 
                notice to the Agency under subparagraph (A)--
                          (i) confirms receipt of the notification under 
                      subparagraph (A); and
                          (ii) accepts the decision of the center.

    (d) Report.--Not later than 6 months after the date of enactment of 
this Act, and annually thereafter, the Agency shall submit to the 
Committee on Small Business and Entrepreneurship and the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee on 
Small Business and the Committee on Energy and Commerce of the House of 
Representatives a report that describes--
            (1) with respect to the period covered by the initial 
        report--
                    (A) the programs and services developed and provided 
                by the Agency, minority business centers, and minority 
                chambers of commerce under subsection (b); and
                    (B) the initial efforts to provide those services 
                under subsection (b); and
            (2) with respect to subsequent years covered by the report--
                    (A) with respect to the grant program under 
                subsection (b)--
                          (i) the efforts of the Agency, minority 
                      business centers, and minority chambers of 
                      commerce to develop services to assist minority 
                      business enterprises;
                          (ii) the challenges faced by owners of 
                      minority business enterprises in accessing 
                      services provided by the Agency, minority business 
                      centers, and minority chambers of commerce;
                          (iii) the number of unique minority business 
                      enterprises that were served by the Agency, 
                      minority business centers, or minority chambers of 
                      commerce; and
                          (iv) other relevant outcome performance data 
                      with respect to minority business enterprises, 
                      including the number of employees affected, the 
                      effect on sales, the disruptions of supply chains, 
                      and the efforts made by the Agency, minority 
                      business centers, and minority chambers of 
                      commerce to mitigate these effects .

    (e) Authorization of Appropriations.--There is authorized to be 
appropriated $10,000,000 to carry out this section, to remain available 
until expended.
SEC. 1109. <<NOTE: 15 USC 9008.>>  UNITED STATES TREASURY PROGRAM 
                          MANAGEMENT AUTHORITY.

    (a) Definitions.--In this section--
            (1) the terms ``appropriate Federal banking agency'' and 
        ``insured depository institution'' have the meanings given those 
        terms in section 3 of the Federal Deposit Insurance Act (12 
        U.S.C. 1813);

[[Page 134 STAT. 305]]

            (2) the term ``insured credit union'' has the meaning given 
        the term in section 101 of the Federal Credit Union Act (12 
        U.S.C. 1752); and
            (3) the term ``Secretary'' means the Secretary of the 
        Treasury.

    (b) Authority to Include Additional Financial Institutions.--The 
Department <<NOTE: Consultation. Criteria.>>  of the Treasury, in 
consultation with the Administrator, and the Chairman of the Farm Credit 
Administration shall establish criteria for insured depository 
institutions, insured credit unions, institutions of the Farm Credit 
System chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et 
seq.), and other lenders that do not already participate in lending 
under programs of the Administration, to participate in the paycheck 
protection program to provide loans under this section until the date on 
which the national emergency declared by the President under the 
National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the 
Coronavirus Disease 2019 (COVID-19) expires.

    (c) <<NOTE: Determination. Consultation.>>  Safety and Soundness.--
An insured depository institution, insured credit union, institution of 
the Farm Credit System chartered under the Farm Credit Act of 1971 (12 
U.S.C. 2001 et seq.), or other lender may only participate in the 
program established under this section if participation does not affect 
the safety and soundness of the institution or lender, as determined by 
the Secretary in consultation with the appropriate Federal banking 
agencies or the National Credit Union Administration Board, as 
applicable.

    (d) Regulations for Lenders and Loans.--
            (1) In general.--The Secretary may issue regulations and 
        guidance as necessary to carry out the purposes of this section, 
        including to--
                    (A) allow additional lenders to originate loans 
                under this section; and
                    (B) establish terms and conditions for loans under 
                this section, including terms and conditions concerning 
                compensation, underwriting standards, interest rates, 
                and maturity.
            (2) Requirements.--The terms and conditions established 
        under paragraph (1) shall provide for the following:
                    (A) A rate of interest that does not exceed the 
                maximum permissible rate of interest available on a loan 
                of comparable maturity under paragraph (36) of section 
                7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
                added by section 1102 of this Act.
                    (B) Terms and conditions that, to the maximum extent 
                practicable, are consistent with the terms and 
                conditions required under the following provisions of 
                paragraph (36) of section 7(a) of the Small Business Act 
                (15 U.S.C. 636(a)), as added by section 1102 of this 
                Act:
                          (i) Subparagraph (D), pertaining to borrower 
                      eligibility.
                          (ii) Subparagraph (E), pertaining to the 
                      maximum loan amount.
                          (iii) Subparagraph (F)(i), pertaining to 
                      allowable uses of program loans.
                          (iv) Subparagraph (H), pertaining to fee 
                      waivers.
                          (v) Subparagraph (M), pertaining to loan 
                      deferment.

[[Page 134 STAT. 306]]

                    (C) A guarantee percentage that, to the maximum 
                extent practicable, is consistent with the guarantee 
                percentage required under subparagraph (F) of section 
                7(a)(2) of the Small Business Act (15 U.S.C. 636(a)(2)), 
                as added by section 1102 of this Act.
                    (D) Loan forgiveness under terms and conditions 
                that, to the maximum extent practicable, is consistent 
                with the terms and conditions for loan forgiveness under 
                section 1106 of this Act.

    (e) Additional Regulations Generally.--The Secretary may issue 
regulations and guidance as necessary to carry out the purposes of this 
section, including to allow additional lenders to originate loans under 
this title and to establish terms and conditions such as compensation, 
underwriting standards, interest rates, and maturity for under this 
section.
    (f) Certification.--As a condition of receiving a loan under this 
section, a borrower shall certify under terms acceptable to the 
Secretary that the borrower--
            (1) does not have an application pending for a loan under 
        section 7(a) of the Small Business Act (15 U.S.C. 636(a)) for 
        the same purpose; and
            (2) <<NOTE: Time period.>>  has not received such a loan 
        during the period beginning on February 15, 2020 and ending on 
        December 31, 2020.

    (g) Opt-in for SBA Qualified Lenders.--Lenders qualified to 
participate as a lender under 7(a) of the Small Business Act (15 U.S.C. 
636(a)) may elect to participate in the paycheck protection program 
under the criteria, terms, and conditions established under this 
section. Such participation shall not preclude the lenders from 
continuing participation as a lender under section 7(a) of the Small 
Business Act (15 U.S.C. 636(a)).
    (h) Program Administration.--With guidance from the Secretary, the 
Administrator shall administer the program established under this 
section, including the making and purchasing of guarantees on loans 
under the program, until the date on which the national emergency 
declared by the President under the National Emergencies Act (50 U.S.C. 
1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID-19) 
expires.
    (i) Criminal Penalties.--A loan under this section shall be deemed 
to be a loan under the Small Business Act (15 U.S.C. 631 et seq.) for 
purposes of section 16 of such Act (15 U.S.C. 645).
SEC. 1110. <<NOTE: 15 USC 9009.>>  EMERGENCY EIDL GRANTS.

    (a) Definitions.--In this section--
            (1) the term ``covered period'' means the period beginning 
        on January 31, 2020 and ending on December 31, 2020; and
            (2) the term ``eligible entity'' means--
                    (A) a business with not more than 500 employees;
                    (B) any individual who operates under a sole 
                proprietorship, with or without employees, or as an 
                independent contractor;
                    (C) a cooperative with not more than 500 employees;
                    (D) an ESOP (as defined in section 3 of the Small 
                Business Act (15 U.S.C. 632)) with not more than 500 
                employees; or

[[Page 134 STAT. 307]]

                    (E) a tribal small business concern, as described in 
                section 31(b)(2)(C) of the Small Business Act (15 U.S.C. 
                657a(b)(2)(C)), with not more than 500 employees.

    (b) Eligible Entities.--During the covered period, in addition to 
small business concerns, private nonprofit organizations, and small 
agricultural cooperatives, an eligible entity shall be eligible for a 
loan made under section 7(b)(2) of the Small Business Act (15 U.S.C. 
636(b)(2)).
    (c) <<NOTE: Waiver authority.>>  Terms; Credit Elsewhere.--With 
respect to a loan made under section 7(b)(2) of the Small Business Act 
(15 U.S.C. 636(b)(2)) in response to COVID-19 during the covered period, 
the Administrator shall waive--
            (1) any rules related the personal guarantee on advances and 
        loans of not more than $200,000 during the covered period for 
        all applicants;
            (2) <<NOTE: Time period.>>  the requirement that an 
        applicant needs to be in business for the 1-year period before 
        the disaster, except that no waiver may be made for a business 
        that was not in operation on January 31, 2020; and
            (3) the requirement in the flush matter following 
        subparagraph (E) of section 7(b)(2) of the Small Business Act 
        (15 U.S.C. 636(b)(2)), as so redesignated by subsection (f) of 
        this section, that an applicant be unable to obtain credit 
        elsewhere.

    (d) Approval and Ability to Repay for Small Dollar Loans.--With 
respect to a loan made under section 7(b)(2) of the Small Business Act 
(15 U.S.C. 636(b)(2)) in response to COVID-19 during the covered period, 
the Administrator may--
            (1) approve an applicant based solely on the credit score of 
        the applicant and shall not require an applicant to submit a tax 
        return or a tax return transcript for such approval; or
            (2) use alternative appropriate methods to determine an 
        applicant's ability to repay.

    (e) Emergency Grant.--
            (1) <<NOTE: Deadline.>>  In general.--During the covered 
        period, an entity included for eligibility in subsection (b), 
        including small business concerns, private nonprofit 
        organizations, and small agricultural cooperatives, that applies 
        for a loan under section 7(b)(2) of the Small Business Act (15 
        U.S.C. 636(b)(2)) in response to COVID-19 may request that the 
        Administrator provide an advance that is, subject to paragraph 
        (3), in the amount requested by such applicant to such applicant 
        within 3 days after the Administrator receives an application 
        from such applicant.
            (2) Verification.--Before disbursing amounts under this 
        subsection, the Administrator shall verify that the applicant is 
        an eligible entity by accepting a self-certification from the 
        applicant under penalty of perjury pursuant to section 1746 of 
        title 28 United States Code.
            (3) Amount.--The amount of an advance provided under this 
        subsection shall be not more than $10,000.
            (4) Use of funds.--An advance provided under this subsection 
        may be used to address any allowable purpose for a loan made 
        under section 7(b)(2) of the Small Business Act (15 U.S.C. 
        636(b)(2)), including--
                    (A) providing paid sick leave to employees unable to 
                work due to the direct effect of the COVID-19;

[[Page 134 STAT. 308]]

                    (B) maintaining payroll to retain employees during 
                business disruptions or substantial slowdowns;
                    (C) meeting increased costs to obtain materials 
                unavailable from the applicant's original source due to 
                interrupted supply chains;
                    (D) making rent or mortgage payments; and
                    (E) repaying obligations that cannot be met due to 
                revenue losses.
            (5) Repayment.--An applicant shall not be required to repay 
        any amounts of an advance provided under this subsection, even 
        if subsequently denied a loan under section 7(b)(2) of the Small 
        Business Act (15 U.S.C. 636(b)(2)).
            (6) Unemployment grant.--If an applicant that receives an 
        advance under this subsection transfers into, or is approved 
        for, the loan program under section 7(a) of the Small Business 
        Act (15 U.S.C. 636(a)), the advance amount shall be reduced from 
        the loan forgiveness amount for a loan for payroll costs made 
        under such section 7(a).
            (7) Authorization of appropriations.--There is authorized to 
        be appropriated to the Administration $10,000,000,000 to carry 
        out this subsection.
            (8) Termination.--The authority to carry out grants under 
        this subsection shall terminate on December 31, 2020.

    (f) Emergencies Involving Federal Primary Responsibility Qualifying 
for SBA Assistance.--Section 7(b)(2) of the Small Business Act (15 
U.S.C. 636(b)(2)) is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking ``or'' at the end;
            (3) in subparagraph (C), by striking ``or'' at the end;
            (4) by redesignating subparagraph (D) as subparagraph (E);
            (5) by inserting after subparagraph (C) the following:
                    ``(D) an emergency involving Federal primary 
                responsibility determined to exist by the President 
                under the section 501(b) of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5191(b)); or''; and
            (6) in subparagraph (E), as so redesignated--
                    (A) by striking ``or (C)'' and inserting ``(C), or 
                (D)'';
                    (B) by striking ``disaster declaration'' each place 
                it appears and inserting ``disaster or emergency 
                declaration'';
                    (C) by striking ``disaster has occurred'' and 
                inserting ``disaster or emergency has occurred'';
                    (D) by striking ``such disaster'' and inserting 
                ``such disaster or emergency''; and
                    (E) by striking ``disaster stricken'' and inserting 
                ``disaster- or emergency-stricken''; and
            (7) in the flush matter following subparagraph (E), as so 
        redesignated, by striking the period at the end and inserting 
        the following: ``: Provided further, That for purposes of 
        subparagraph (D), the Administrator shall deem that such an 
        emergency affects each State or subdivision thereof (including 
        counties), and that each State or subdivision has sufficient 
        economic damage to small business concerns to qualify for 
        assistance under this paragraph and the Administrator shall 
        accept applications for such assistance immediately.''.

[[Page 134 STAT. 309]]

SEC. 1111. <<NOTE: 15 USC 9010.>>  RESOURCES AND SERVICES IN 
                          LANGUAGES OTHER THAN ENGLISH.

    (a) In General.--The Administrator shall provide the resources and 
services made available by the Administration to small business concerns 
in the 10 most commonly spoken languages, other than English, in the 
United States, which shall include Mandarin, Cantonese, Japanese, and 
Korean.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator $25,000,000 to carry out this section.
SEC. 1112. <<NOTE: 15 USC 9011.>>  SUBSIDY FOR CERTAIN LOAN 
                          PAYMENTS.

    (a) Definition of Covered Loan.--In this section, the term ``covered 
loan'' means a loan that is--
            (1) guaranteed by the Administration under--
                    (A) section 7(a) of the Small Business Act (15 
                U.S.C. 636(a))--
                          (i) including a loan made under the Community 
                      Advantage Pilot Program of the Administration; and
                          (ii) excluding a loan made under paragraph 
                      (36) of such section 7(a), as added by section 
                      1102; or
                    (B) title V of the Small Business Investment Act of 
                1958 (15 U.S.C. 695 et seq.); or
            (2) made by an intermediary to a small business concern 
        using loans or grants received under section 7(m) of the Small 
        Business Act (15 U.S.C. 636(m)).

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) all borrowers are adversely affected by COVID-19;
            (2) relief payments by the Administration are appropriate 
        for all borrowers; and
            (3) in addition to the relief provided under this Act, the 
        Administration should encourage lenders to provide payment 
        deferments, when appropriate, and to extend the maturity of 
        covered loans, so as to avoid balloon payments or any 
        requirement for increases in debt payments resulting from 
        deferments provided by lenders during the period of the national 
        emergency declared by the President under the National 
        Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the 
        Coronavirus Disease 2019 (COVID-19).

    (c) Principal and Interest Payments.--
            (1) <<NOTE: Time periods.>>  In general.--The Administrator 
        shall pay the principal, interest, and any associated fees that 
        are owed on a covered loan in a regular servicing status--
                    (A) with respect to a covered loan made before the 
                date of enactment of this Act and not on deferment, for 
                the 6-month period beginning with the next payment due 
                on the covered loan;
                    (B) with respect to a covered loan made before the 
                date of enactment of this Act and on deferment, for the 
                6-month period beginning with the next payment due on 
                the covered loan after the deferment period; and
                    (C) with respect to a covered loan made during the 
                period beginning on the date of enactment of this Act 
                and ending on the date that is 6 months after such date 
                of enactment, for the 6-month period beginning with the 
                first payment due on the covered loan.

[[Page 134 STAT. 310]]

            (2) <<NOTE: Deadline.>>  Timing of payment.--The 
        Administrator shall begin making payments under paragraph (1) on 
        a covered loan not later than 30 days after the date on which 
        the first such payment is due.
            (3) Application of payment.--Any payment made by the 
        Administrator under paragraph (1) shall be applied to the 
        covered loan such that the borrower is relieved of the 
        obligation to pay that amount.

    (d) <<NOTE: Coordination.>>  Other Requirements.--The Administrator 
shall--
            (1) communicate and coordinate with the Federal Deposit 
        Insurance Corporation, the Office of the Comptroller of the 
        Currency, and State bank regulators to encourage those entities 
        to not require lenders to increase their reserves on account of 
        receiving payments made by the Administrator under subsection 
        (c);
            (2) <<NOTE: Waiver authority. Time period.>>  waive 
        statutory limits on maximum loan maturities for any covered loan 
        durations where the lender provides a deferral and extends the 
        maturity of covered loans during the 1-year period following the 
        date of enactment of this Act; and
            (3) <<NOTE: Deadline.>>  when necessary to provide more time 
        because of the potential of higher volumes, travel restrictions, 
        and the inability to access some properties during the COVID-19 
        pandemic, extend lender site visit requirements to--
                    (A) not more than 60 days (which may be extended at 
                the discretion of the Administration) after the 
                occurrence of an adverse event, other than a payment 
                default, causing a loan to be classified as in 
                liquidation; and
                    (B) not more than 90 days after a payment default.

    (e) Rule of Construction.--Nothing in this section may be construed 
to limit the authority of the Administrator to make payments pursuant to 
subsection (c) with respect to a covered loan solely because the covered 
loan has been sold in the secondary market.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator $17,000,000,000 to carry out this 
section.
SEC. 1113. BANKRUPTCY.

    (a) Small Business Debtor Reorganization.--
            (1) In general.--Section 1182(1) of title 11, United States 
        Code, is amended to read as follows:
            ``(1) <<NOTE: Definition.>>  Debtor.--The term `debtor'--
                    ``(A) subject to subparagraph (B), means a person 
                engaged in commercial or business activities (including 
                any affiliate of such person that is also a debtor under 
                this title and excluding a person whose primary activity 
                is the business of owning single asset real estate) that 
                has aggregate noncontingent liquidated secured and 
                unsecured debts as of the date of the filing of the 
                petition or the date of the order for relief in an 
                amount not more than $7,500,000 (excluding debts owed to 
                1 or more affiliates or insiders) not less than 50 
                percent of which arose from the commercial or business 
                activities of the debtor; and
                    ``(B) does not include--
                          ``(i) any member of a group of affiliated 
                      debtors that has aggregate noncontingent 
                      liquidated secured

[[Page 134 STAT. 311]]

                      and unsecured debts in an amount greater than 
                      $7,500,000 (excluding debt owed to 1 or more 
                      affiliates or insiders);
                          ``(ii) any debtor that is a corporation 
                      subject to the reporting requirements under 
                      section 13 or 15(d) of the Securities Exchange Act 
                      of 1934 (15 U.S.C. 78m, 78o(d)); or
                          ``(iii) any debtor that is an affiliate of an 
                      issuer, as defined in section 3 of the Securities 
                      Exchange Act of 1934 (15 U.S.C. 78c).''.
            (2) Applicability of chapters.--Section 103(i) of title 11, 
        United States Code, is amended by striking ``small business 
        debtor'' and inserting ``debtor (as defined in section 1182)''.
            (3) <<NOTE: 11 USC 1182 note.>>  Application of amendment.--
        The amendment made by paragraph (1) shall apply only with 
        respect to cases commenced under title 11, United States Code, 
        on or after the date of enactment of this Act.
            (4) Technical corrections.--
                    (A) Definition of small business debtor.--Section 
                101(51D)(B)(iii) of title 11, United States Code, is 
                amended to read as follows:
                          ``(iii) any debtor that is an affiliate of an 
                      issuer (as defined in section 3 of the Securities 
                      Exchange Act of 1934 (15 U.S.C. 78c)).''.
                    (B) Unclaimed property.--Section 347(b) of title 11, 
                United States Code, is amended by striking ``1194'' and 
                inserting ``1191''.
            (5) <<NOTE: 11 USC 1182 note.>>  Sunset.--On the date that 
        is 1 year after the date of enactment of this Act, section 
        1182(1) of title 11, United States Code, is amended to read as 
        follows:
            ``(1) <<NOTE: Definition.>>  Debtor.--The term `debtor' 
        means a small business debtor.''.

    (b) Bankruptcy Relief.--
            (1) In general.--
                    (A) Exclusion from current monthly income.--Section 
                101(10A)(B)(ii) of title 11, United States Code, is 
                amended--
                          (i) in subclause (III), by striking ``; and'' 
                      and inserting a semicolon;
                          (ii) in subclause (IV), by striking the period 
                      at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                                    ``(V) Payments made under Federal 
                                law relating to the national emergency 
                                declared by the President under the 
                                National Emergencies Act (50 U.S.C. 1601 
                                et seq.) with respect to the coronavirus 
                                disease 2019 (COVID-19).''.
                    (B) Confirmation of plan.--Section 1325(b)(2) of 
                title 11, United States Code, is amended by inserting 
                ``payments made under Federal law relating to the 
                national emergency declared by the President under the 
                National Emergencies Act (50 U.S.C. 1601 et seq.) with 
                respect to the coronavirus disease 2019 (COVID-19),'' 
                after ``other than''.
                    (C) Modification of plan after confirmation.--
                Section 1329 of title 11, United States Code, is amended 
                by adding at end the following:

[[Page 134 STAT. 312]]

    ``(d)(1) Subject to paragraph (3), for a plan confirmed prior to the 
date of enactment of this subsection, the plan may be modified upon the 
request of the debtor if--
            ``(A) the debtor is experiencing or has experienced a 
        material financial hardship due, directly or indirectly, to the 
        coronavirus disease 2019 (COVID-19) pandemic; and
            ``(B) the modification is approved after notice and a 
        hearing.

    ``(2) <<NOTE: Time period.>>  A plan modified under paragraph (1) 
may not provide for payments over a period that expires more than 7 
years after the time that the first payment under the original confirmed 
plan was due.

    ``(3) Sections 1322(a), 1322(b), 1323(c), and the requirements of 
section 1325(a) shall apply to any modification under paragraph (1).''.
                    (D) Applicability.--
                          (i) <<NOTE: 11 USC 101 note.>>  The amendments 
                      made by subparagraphs (A) and (B) shall apply to 
                      any case commenced before, on, or after the date 
                      of enactment of this Act.
                          (ii) <<NOTE: 11 USC 1329 note.>>  The 
                      amendment made by subparagraph (C) shall apply to 
                      any case for which a plan has been confirmed under 
                      section 1325 of title 11, United States Code, 
                      before the date of enactment of this Act.
            (2) Sunset.--
                    (A) In general.--
                          (i) Exclusion from current monthly income.--
                      Section 101(10A)(B)(ii) of title 11, United States 
                      Code, is amended--
                                    (I) in subclause (III), by striking 
                                the semicolon at the end and inserting 
                                ``; and'';
                                    (II) in subclause (IV), by striking 
                                ``; and'' and inserting a period; and
                                    (III) by striking subclause (V).
                          (ii) Confirmation of plan.--Section 1325(b)(2) 
                      of title 11, United States Code, is amended by 
                      striking ``payments made under Federal law 
                      relating to the national emergency declared by the 
                      President under the National Emergencies Act (50 
                      U.S.C. 1601 et seq.) with respect to the 
                      coronavirus disease 2019 (COVID-19),''.
                          (iii) Modification of plan after 
                      confirmation.--Section 1329 of title 11, United 
                      States Code, is amended by striking subsection 
                      (d).
                    (B) <<NOTE: 11 USC 101 note.>>  Effective date.--The 
                amendments made by subparagraph (A) shall take effect on 
                the date that is 1 year after the date of enactment of 
                this Act.
SEC. 1114. <<NOTE: Deadline. 15 USC 9012.>>  EMERGENCY RULEMAKING 
                          AUTHORITY.

    Not later than 15 days after the date of enactment of this Act, the 
Administrator shall issue regulations to carry out this title and the 
amendments made by this title without regard to the notice requirements 
under section 553(b) of title 5, United States Code.

[[Page 134 STAT. 313]]

   TITLE II--ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND BUSINESSES

 Subtitle A <<NOTE: Relief for Workers Affected by Coronavirus Act.>> --
Unemployment Insurance Provisions
SEC. 2101. <<NOTE: 15 USC 9001 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Relief for Workers Affected by 
Coronavirus Act''.
SEC. 2102. <<NOTE: 15 USC 9021.>>  PANDEMIC UNEMPLOYMENT 
                          ASSISTANCE.

    (a) Definitions.--In this section:
            (1) COVID-19.--The term ``COVID-19'' means the 2019 Novel 
        Coronavirus or 2019-nCoV.
            (2) COVID-19 public health emergency.--The term ``COVID-19 
        public health emergency'' means the public health emergency 
        declared by the Secretary of Health and Human Services on 
        January 27, 2020, with respect to the 2019 Novel Coronavirus.
            (3) Covered individual.--The term ``covered individual''--
                    (A) means an individual who--
                          (i) is not eligible for regular compensation 
                      or extended benefits under State or Federal law or 
                      pandemic emergency unemployment compensation under 
                      section 2107, including an individual who has 
                      exhausted all rights to regular unemployment or 
                      extended benefits under State or Federal law or 
                      pandemic emergency unemployment compensation under 
                      section 2107; and
                          (ii) provides self-certification that the 
                      individual--
                                    (I) is otherwise able to work and 
                                available for work within the meaning of 
                                applicable State law, except the 
                                individual is unemployed, partially 
                                unemployed, or unable or unavailable to 
                                work because--
                                            (aa) the individual has been 
                                        diagnosed with COVID-19 or is 
                                        experiencing symptoms of COVID-
                                        19 and seeking a medical 
                                        diagnosis;
                                            (bb) a member of the 
                                        individual's household has been 
                                        diagnosed with COVID-19;
                                            (cc) the individual is 
                                        providing care for a family 
                                        member or a member of the 
                                        individual's household who has 
                                        been diagnosed with COVID-19;
                                            (dd) a child or other person 
                                        in the household for which the 
                                        individual has primary 
                                        caregiving responsibility is 
                                        unable to attend school or 
                                        another facility that is closed 
                                        as a direct result of the COVID-
                                        19 public health emergency and 
                                        such school or facility care is 
                                        required for the individual to 
                                        work;
                                            (ee) the individual is 
                                        unable to reach the place of 
                                        employment because of a 
                                        quarantine imposed as a direct 
                                        result of the COVID-19 public 
                                        health emergency;

[[Page 134 STAT. 314]]

                                            (ff) the individual is 
                                        unable to reach the place of 
                                        employment because the 
                                        individual has been advised by a 
                                        health care provider to self-
                                        quarantine due to concerns 
                                        related to COVID-19;
                                            (gg) the individual was 
                                        scheduled to commence employment 
                                        and does not have a job or is 
                                        unable to reach the job as a 
                                        direct result of the COVID-19 
                                        public health emergency;
                                            (hh) the individual has 
                                        become the breadwinner or major 
                                        support for a household because 
                                        the head of the household has 
                                        died as a direct result of 
                                        COVID-19;
                                            (ii) the individual has to 
                                        quit his or her job as a direct 
                                        result of COVID-19;
                                            (jj) the individual's place 
                                        of employment is closed as a 
                                        direct result of the COVID-19 
                                        public health emergency; or
                                            (kk) the individual meets 
                                        any additional criteria 
                                        established by the Secretary for 
                                        unemployment assistance under 
                                        this section; or
                                    (II) is self-employed, is seeking 
                                part-time employment, does not have 
                                sufficient work history, or otherwise 
                                would not qualify for regular 
                                unemployment or extended benefits under 
                                State or Federal law or pandemic 
                                emergency unemployment compensation 
                                under section 2107 and meets the 
                                requirements of subclause (I); and
                    (B) does not include--
                          (i) an individual who has the ability to 
                      telework with pay; or
                          (ii) an individual who is receiving paid sick 
                      leave or other paid leave benefits, regardless of 
                      whether the individual meets a qualification 
                      described in items (aa) through (kk) of 
                      subparagraph (A)(i)(I).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (5) State.--The term ``State'' includes the District of 
        Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 
        Guam, American Samoa, the Commonwealth of the Northern Mariana 
        Islands, the Federated States of Micronesia, the Republic of the 
        Marshall Islands, and the Republic of Palau.

    (b) Assistance for Unemployment as a Result of COVID-19.--Subject to 
subsection (c), the Secretary shall provide to any covered individual 
unemployment benefit assistance while such individual is unemployed, 
partially unemployed, or unable to work for the weeks of such 
unemployment with respect to which the individual is not entitled to any 
other unemployment compensation (as that term is defined in section 
85(b) of title 26, United States Code) or waiting period credit.
    (c) Applicability.--
            (1) In general.--Except as provided in paragraph (2), the 
        assistance authorized under subsection (b) shall be available to 
        a covered individual--
                    (A) <<NOTE: Time period.>>  for weeks of 
                unemployment, partial unemployment, or inability to work 
                caused by COVID-19--

[[Page 134 STAT. 315]]

                          (i) beginning on or after January 27, 2020; 
                      and
                          (ii) ending on or before December 31, 2020; 
                      and
                    (B) subject to subparagraph (A)(ii), as long as the 
                covered individual's unemployment, partial unemployment, 
                or inability to work caused by COVID-19 continues.
            (2) Limitation on duration of assistance.--The total number 
        of weeks for which a covered individual may receive assistance 
        under this section shall not exceed 39 weeks and such total 
        shall include any week for which the covered individual received 
        regular compensation or extended benefits under any Federal or 
        State law, except that if after the date of enactment of this 
        Act, the duration of extended benefits is extended, the 39-week 
        period described in this paragraph shall be extended by the 
        number of weeks that is equal to the number of weeks by which 
        the extended benefits were extended.
            (3) Assistance for unemployment before date of enactment.--
        The <<NOTE: Time period.>>  Secretary shall establish a process 
        for making assistance under this section available for weeks 
        beginning on or after January 27, 2020, and before the date of 
        enactment of this Act.

    (d) Amount of Assistance.--
            (1) In general.--The assistance authorized under subsection 
        (b) for a week of unemployment, partial unemployment, or 
        inability to work shall be--
                    (A)(i) the weekly benefit amount authorized under 
                the unemployment compensation law of the State where the 
                covered individual was employed, except that the amount 
                may not be less than the minimum weekly benefit amount 
                described in section 625.6 of title 20, Code of Federal 
                Regulations, or any successor thereto; and
                    (ii) the amount of Federal Pandemic Unemployment 
                Compensation under section 2104; and
                    (B) in the case of an increase of the weekly benefit 
                amount after the date of enactment of this Act, 
                increased in an amount equal to such increase.
            (2) Calculations of amounts for certain covered 
        individuals.--In the case of a covered individual who is self-
        employed, who lives in a territory described in subsection (c) 
        or (d) of section 625.6 of title 20, Code of Federal 
        Regulations, or who would not otherwise qualify for unemployment 
        compensation under State law, the assistance authorized under 
        subsection (b) for a week of unemployment shall be calculated in 
        accordance with section 625.6 of title 20, Code of Federal 
        Regulations, or any successor thereto, and shall be increased by 
        the amount of Federal Pandemic Unemployment Compensation under 
        section 2104.
            (3) Allowable methods of payment.--Any assistance provided 
        for in accordance with paragraph (1)(A)(ii) shall be payable 
        either--
                    (A) as an amount which is paid at the same time and 
                in the same manner as the assistance provided for in 
                paragraph (1)(A)(i) is payable for the week involved; or
                    (B) at the option of the State, by payments which 
                are made separately from, but on the same weekly basis 
                as, any assistance provided for in paragraph (1)(A)(i).

[[Page 134 STAT. 316]]

    (e) Waiver of State Requirement.--Notwithstanding State law, for 
purposes of assistance authorized under this section, compensation under 
this Act shall be made to an individual otherwise eligible for such 
compensation without any waiting period.
    (f) Agreements With States.--
            (1) In general.--The Secretary shall provide the assistance 
        authorized under subsection (b) through agreements with States 
        which, in the judgment of the Secretary, have an adequate system 
        for administering such assistance through existing State 
        agencies.
            (2) Payments to states.--There shall be paid to each State 
        which has entered into an agreement under this subsection an 
        amount equal to 100 percent of--
                    (A) the total amount of assistance provided by the 
                State pursuant to such agreement; and
                    (B) any additional administrative expenses incurred 
                by the State by reason of such agreement (as determined 
                by the Secretary), including any administrative expenses 
                necessary to facilitate processing of applications for 
                assistance under this section online or by telephone 
                rather than in-person.
            (3) <<NOTE: Reimbursement. Determination. Estimate.>>  Terms 
        of payments.--Sums payable to any State by reason of such 
        State's having an agreement under this subsection shall be 
        payable, either in advance or by way of reimbursement (as 
        determined by the Secretary), in such amounts as the Secretary 
        estimates the State will be entitled to receive under this 
        subsection for each calendar month, reduced or increased, as the 
        case may be, by any amount by which the Secretary finds that his 
        estimates for any prior calendar month were greater or less than 
        the amounts which should have been paid to the State. Such 
        estimates may be made on the basis of such statistical, 
        sampling, or other method as may be agreed upon by the Secretary 
        and the State agency of the State involved.

    (g) Funding.--
            (1) Assistance.--
                    (A) In general.--Funds in the extended unemployment 
                compensation account (as established by section 905(a) 
                of the Social Security Act (42 U.S.C. 1105(a)) of the 
                Unemployment Trust Fund (as established by section 
                904(a) of such Act (42 U.S.C. 1104(a)) shall be used to 
                make payments to States pursuant to subsection 
                (f)(2)(A).
                    (B) Transfer of funds.--Notwithstanding any other 
                provision of law, the Secretary of the Treasury shall 
                transfer from the general fund of the Treasury (from 
                funds not otherwise appropriated) to the extended 
                unemployment compensation account such sums as the 
                Secretary of Labor estimates to be necessary to make 
                payments described in subparagraph (A). There are 
                appropriated from the general fund of the Treasury, 
                without fiscal year limitation, the sums referred to in 
                the preceding sentence and such sums shall not be 
                required to be repaid.
            (2) Administrative expenses.--
                    (A) In general.--Funds in the employment security 
                administration account (as established by section 901(a) 
                of the Social Security Act (42 U.S.C. 1105(a)) of the 
                Unemployment Trust Fund (as established by section

[[Page 134 STAT. 317]]

                904(a) of such Act (42 U.S.C. 1104(a)) shall be used to 
                make payments to States pursuant to subsection 
                (f)(2)(B).
                    (B) Transfer of funds.--Notwithstanding any other 
                provision of law, the Secretary of the Treasury shall 
                transfer from the general fund of the Treasury (from 
                funds not otherwise appropriated) to the employment 
                security administration account such sums as the 
                Secretary of Labor estimates to be necessary to make 
                payments described in subparagraph (A). There are 
                appropriated from the general fund of the Treasury, 
                without fiscal year limitation, the sums referred to in 
                the preceding sentence and such sums shall not be 
                required to be repaid.
            (3) Certifications.--The Secretary of Labor shall from time 
        to time certify to the Secretary of the Treasury for payment to 
        each State the sums payable to such State under paragraphs (1) 
        and (2).

    (h) Relationship Between Pandemic Unemployment Assistance and 
Disaster Unemployment Assistance.--Except 
as <<NOTE: Applicability. Definitions.>>  otherwise provided in this 
section or to the extent there is a conflict between this section and 
section 625 of title 20, Code of Federal Regulations, such section 625 
shall apply to this section as if--
            (1) the term ``COVID-19 public health emergency'' were 
        substituted for the term ``major disaster'' each place it 
        appears in such section 625; and
            (2) the term ``pandemic'' were substituted for the term 
        ``disaster'' each place it appears in such section 625.
SEC. 2103. <<NOTE: 15 USC 9022.>>  EMERGENCY UNEMPLOYMENT RELIEF 
                          FOR GOVERNMENTAL ENTITIES AND NONPROFIT 
                          ORGANIZATIONS.

    (a) Flexibility in Paying Reimbursement.--The Secretary of Labor may 
issue clarifying guidance to allow States to interpret their State 
unemployment compensation laws in a manner that would provide maximum 
flexibility to reimbursing employers as it relates to timely payment and 
assessment of penalties and interest pursuant to such State laws.
    (b) Federal Funding.--Section 903 of the Social Security Act (42 
U.S.C. 1103) is amended by adding at the end the following:

    ``Transfers for Federal Reimbursement of State Unemployment Funds

    ``(i)(1)(A) In addition to any other amounts, the Secretary of Labor 
shall provide for the transfer of funds during the applicable period to 
the accounts of the States in the Unemployment Trust Fund, by transfer 
from amounts reserved for that purpose in the Federal unemployment 
account, in accordance with the succeeding provisions of this 
subsection.
    ``(B) The amount of funds transferred to the account of a State 
under subparagraph (A) during the applicable period shall, as determined 
by the Secretary of Labor, be equal to one-half of the amounts of 
compensation (as defined in section 3306(h) of the Internal Revenue Code 
of 1986) attributable under the State law to service to which section 
3309(a)(1) of such Code applies that were paid by the State for weeks of 
unemployment beginning and ending during such period. Such transfers 
shall be made at such times as the Secretary of Labor considers 
appropriate.
    ``(C) Notwithstanding any other law, funds transferred to the 
account of a State under subparagraph (A) shall be used exclusively

[[Page 134 STAT. 318]]

to reimburse governmental entities and other organizations described in 
section 3309(a)(2) of such Code for amounts paid (in lieu of 
contributions) into the State unemployment fund pursuant to such 
section.
    ``(D) <<NOTE: Definition. Time period.>>  For purposes of this 
paragraph, the term `applicable period' means the period beginning on 
March 13, 2020, and ending on December 31, 2020.

    ``(2)(A) Notwithstanding any other provision of law, the Secretary 
of the Treasury shall transfer from the general fund of the Treasury 
(from funds not otherwise appropriated) to the Federal unemployment 
account such sums as the Secretary of Labor estimates to be necessary 
for purposes of making the transfers described in paragraph (1).
    ``(B) There are appropriated from the general fund of the Treasury, 
without fiscal year limitation, the sums referred to in subparagraph (A) 
and such sums shall not be required to be repaid.''.
SEC. 2104. <<NOTE: 15 USC 9023.>>  EMERGENCY INCREASE IN 
                          UNEMPLOYMENT COMPENSATION BENEFITS.

    (a) Federal-State Agreements.--Any State which desires to do so may 
enter into and participate in an agreement under this section with the 
Secretary of Labor (in this section referred to as the 
``Secretary''). <<NOTE: Time period. Notification.>>  Any State which is 
a party to an agreement under this section may, upon providing 30 days' 
written notice to the Secretary, terminate such agreement.

    (b) Provisions of Agreement.--
            (1) Federal pandemic unemployment compensation.--Any 
        agreement under this section shall provide that the State agency 
        of the State will make payments of regular compensation to 
        individuals in amounts and to the extent that they would be 
        determined if the State law of the State were applied, with 
        respect to any week for which the individual is (disregarding 
        this section) otherwise entitled under the State law to receive 
        regular compensation, as if such State law had been modified in 
        a manner such that the amount of regular compensation (including 
        dependents' allowances) payable for any week shall be equal to--
                    (A) the amount determined under the State law 
                (before the application of this paragraph), plus
                    (B) an additional amount of $600 (in this section 
                referred to as ``Federal Pandemic Unemployment 
                Compensation'').
            (2) Allowable methods of payment.--Any Federal Pandemic 
        Unemployment Compensation provided for in accordance with 
        paragraph (1) shall be payable either--
                    (A) as an amount which is paid at the same time and 
                in the same manner as any regular compensation otherwise 
                payable for the week involved; or
                    (B) at the option of the State, by payments which 
                are made separately from, but on the same weekly basis 
                as, any regular compensation otherwise payable.

    (c) Nonreduction Rule.--
            (1) <<NOTE: Determination.>>  In general.--An agreement 
        under this section shall not apply (or shall cease to apply) 
        with respect to a State upon a determination by the Secretary 
        that the method governing the computation of regular 
        compensation under the State

[[Page 134 STAT. 319]]

        law of that State has been modified in a manner such that the 
        number of weeks (the maximum benefit entitlement), or the 
        average weekly benefit amount, of regular compensation which 
        will be payable during the period of the agreement (determined 
        disregarding any Federal Pandemic Unemployment Compensation) 
        will be less than the number of weeks, or the average weekly 
        benefit amount, of the average weekly benefit amount of regular 
        compensation which would otherwise have been payable during such 
        period under the State law, as in effect on January 1, 2020.
            (2) <<NOTE: Definition.>>  Maximum benefit entitlement.--In 
        paragraph (1), the term ``maximum benefit entitlement'' means 
        the amount of regular unemployment compensation payable to an 
        individual with respect to the individual's benefit year.

    (d) Payments to States.--
            (1) In general.--
                    (A) Full reimbursement.--There shall be paid to each 
                State which has entered into an agreement under this 
                section an amount equal to 100 percent of--
                          (i) the total amount of Federal Pandemic 
                      Unemployment Compensation paid to individuals by 
                      the State pursuant to such agreement; and
                          (ii) <<NOTE: Determination.>>  any additional 
                      administrative expenses incurred by the State by 
                      reason of such agreement (as determined by the 
                      Secretary).
                    
                (B) <<NOTE: Reimbursement. Determination. Estimate.>>  
                Terms of payments.--Sums payable to any State by reason 
                of such State's having an agreement under this section 
                shall be payable, either in advance or by way of 
                reimbursement (as determined by the Secretary), in such 
                amounts as the Secretary estimates the State will be 
                entitled to receive under this section for each calendar 
                month, reduced or increased, as the case may be, by any 
                amount by which the Secretary finds that his estimates 
                for any prior calendar month were greater or less than 
                the amounts which should have been paid to the State. 
                Such estimates may be made on the basis of such 
                statistical, sampling, or other method as may be agreed 
                upon by the Secretary and the State agency of the State 
                involved.
            (2) Certifications.--The Secretary shall from time to time 
        certify to the Secretary of the Treasury for payment to each 
        State the sums payable to such State under this section.
            (3) Appropriation.--There are appropriated from the general 
        fund of the Treasury, without fiscal year limitation, such sums 
        as may be necessary for purposes of this subsection.

    (e) <<NOTE: Time period.>>  Applicability.--An agreement entered 
into under this section shall apply to weeks of unemployment--
            (1) beginning after the date on which such agreement is 
        entered into; and
            (2) ending on or before July 31, 2020.

    (f) Fraud and Overpayments.--
            (1) In general.--If an individual knowingly has made, or 
        caused to be made by another, a false statement or 
        representation of a material fact, or knowingly has failed, or 
        caused another to fail, to disclose a material fact, and as a 
        result

[[Page 134 STAT. 320]]

        of such false statement or representation or of such 
        nondisclosure such individual has received an amount of Federal 
        Pandemic Unemployment Compensation to which such individual was 
        not entitled, such individual--
                    (A) shall be ineligible for further Federal Pandemic 
                Unemployment Compensation in accordance with the 
                provisions of the applicable State unemployment 
                compensation law relating to fraud in connection with a 
                claim for unemployment compensation; and
                    (B) shall be subject to prosecution under section 
                1001 of title 18, United States Code.
            (2) Repayment.--In the case of individuals who have received 
        amounts of Federal Pandemic Unemployment Compensation to which 
        they were not entitled, the State shall require such individuals 
        to repay the amounts of such Federal Pandemic Unemployment 
        Compensation to the State agency, except that the State agency 
        may waive such repayment if it determines that--
                    (A) the payment of such Federal Pandemic 
                Unemployment Compensation was without fault on the part 
                of any such individual; and
                    (B) such repayment would be contrary to equity and 
                good conscience.
            (3) Recovery by state agency.--
                    (A) <<NOTE: Time period.>>  In general.--The State 
                agency shall recover the amount to be repaid, or any 
                part thereof, by deductions from any Federal Pandemic 
                Unemployment Compensation payable to such individual or 
                from any unemployment compensation payable to such 
                individual under any State or Federal unemployment 
                compensation law administered by the State agency or 
                under any other State or Federal law administered by the 
                State agency which provides for the payment of any 
                assistance or allowance with respect to any week of 
                unemployment, during the 3-year period after the date 
                such individuals received the payment of the Federal 
                Pandemic Unemployment Compensation to which they were 
                not entitled, in accordance with the same procedures as 
                apply to the recovery of overpayments of regular 
                unemployment benefits paid by the State.
                    (B) <<NOTE: Determination. Notification.>>  
                Opportunity for hearing.--No repayment shall be 
                required, and no deduction shall be made, until a 
                determination has been made, notice thereof and an 
                opportunity for a fair hearing has been given to the 
                individual, and the determination has become final.
            (4) <<NOTE: Determination.>>  Review.--Any determination by 
        a State agency under this section shall be subject to review in 
        the same manner and to the same extent as determinations under 
        the State unemployment compensation law, and only in that manner 
        and to that extent.

    (g) Application to Other Unemployment Benefits.--Each agreement 
under this section shall include provisions to provide that the purposes 
of the preceding provisions of this section shall be applied with 
respect to unemployment benefits described in subsection (i)(2) to the 
same extent and in the same manner as if those benefits were regular 
compensation.
    (h) Disregard of Additional Compensation for Purposes of Medicaid 
and CHIP.--The monthly equivalent of any Federal

[[Page 134 STAT. 321]]

pandemic unemployment compensation paid to an individual under this 
section shall be disregarded when determining income for any purpose 
under the programs established under titles XIX and title XXI of the 
Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.) .
    (i) Definitions.--For purposes of this section--
            (1) the terms ``compensation'', ``regular compensation'', 
        ``benefit year'', ``State'', ``State agency'', ``State law'', 
        and ``week'' have the respective meanings given such terms under 
        section 205 of the Federal-State Extended Unemployment 
        Compensation Act of 1970 (26 U.S.C. 3304 note); and
            (2) any reference to unemployment benefits described in this 
        paragraph shall be considered to refer to--
                    (A) extended compensation (as defined by section 205 
                of the Federal-State Extended Unemployment Compensation 
                Act of 1970);
                    (B) regular compensation (as defined by section 
                85(b) of the Internal Revenue Code of 1986) provided 
                under any program administered by a State under an 
                agreement with the Secretary;
                    (C) pandemic unemployment assistance under section 
                2102; and
                    (D) pandemic emergency unemployment compensation 
                under section 2107.
SEC. 2105. <<NOTE: 15 USC 9024.>>  TEMPORARY FULL FEDERAL FUNDING 
                          OF THE FIRST WEEK OF COMPENSABLE REGULAR 
                          UNEMPLOYMENT FOR STATES WITH NO WAITING 
                          WEEK.

    (a) Federal-State Agreements.--Any State which desires to do so may 
enter into and participate in an agreement under this section with the 
Secretary of Labor (in this section referred to as the 
``Secretary''). <<NOTE: Time period. Notice.>>  Any State which is a 
party to an agreement under this section may, upon providing 30 days' 
written notice to the Secretary, terminate such agreement.

    (b) Requirement That State Law Does Not Apply a Waiting Week.--A 
State is eligible to enter into an agreement under this section if the 
State law (including a waiver of State law) provides that compensation 
is paid to individuals for their first week of regular unemployment 
without a waiting week. <<NOTE: Determination.>>  An agreement under 
this section shall not apply (or shall cease to apply) with respect to a 
State upon a determination by the Secretary that the State law no longer 
meets the requirement under the preceding sentence.

    (c) <<NOTE: Determinations.>>  Payments to States.--
            (1) Full reimbursement.--There shall be paid to each State 
        which has entered into an agreement under this section an amount 
        equal to 100 percent of--
                    (A) the total amount of regular compensation paid to 
                individuals by the State for their first week of regular 
                unemployment; and
                    (B) any additional administrative expenses incurred 
                by the State by reason of such agreement (as determined 
                by the Secretary).
            (2) Terms of payments.--Sums payable to any State by reason 
        of such State's having an agreement under this section shall be 
        payable, either in advance or by way of reimbursement (as 
        determined by the Secretary), in such amounts as the

[[Page 134 STAT. 322]]

        Secretary estimates the State will be entitled to receive under 
        this section for each calendar month, reduced or increased, as 
        the case may be, by any amount by which the Secretary finds that 
        his estimates for any prior calendar month were greater or less 
        than the amounts which should have been paid to the State. Such 
        estimates may be made on the basis of such statistical, 
        sampling, or other method as may be agreed upon by the Secretary 
        and the State agency of the State involved.

    (d) Funding.--
            (1) Compensation.--
                    (A) In general.--Funds in the Federal unemployment 
                account (as established by section 905(g)) of the 
                Unemployment Trust Fund (as established by section 
                904(a)) shall be used to make payments under subsection 
                (c)(1)(A).
                    (B) Transfer of funds.--Notwithstanding any other 
                provision of law, the Secretary of the Treasury shall 
                transfer from the general fund of the Treasury (from 
                funds not otherwise appropriated) to the Federal 
                unemployment account such sums as the Secretary of Labor 
                estimates to be necessary to make payments described in 
                subparagraph (A). There are appropriated from the 
                general fund of the Treasury, without fiscal year 
                limitation, the sums referred to in the preceding 
                sentence and such sums shall not be required to be 
                repaid.
            (2) Administrative expenses.--
                    (A) In general.--Funds in the employment security 
                administration account (as established by section 901(a) 
                of the Social Security Act (42 U.S.C. 1105(a)) of the 
                Unemployment Trust Fund (as established by section 
                904(a) of such Act (42 U.S.C. 1104(a)) shall be used to 
                make payments to States pursuant to subsection 
                (c)(1)(B).
                    (B) Transfer of funds.--Notwithstanding any other 
                provision of law, the Secretary of the Treasury shall 
                transfer from the general fund of the Treasury (from 
                funds not otherwise appropriated) to the employment 
                security administration account such sums as the 
                Secretary of Labor estimates to be necessary to make 
                payments described in subparagraph (A). There are 
                appropriated from the general fund of the Treasury, 
                without fiscal year limitation, the sums referred to in 
                the preceding sentence and such sums shall not be 
                required to be repaid.
            (3) Certifications.--The Secretary shall from time to time 
        certify to the Secretary of the Treasury for payment to each 
        State the sums payable to such State under this section.

    (e) <<NOTE: Time period.>>  Applicability.--An agreement entered 
into under this section shall apply to weeks of unemployment--
            (1) beginning after the date on which such agreement is 
        entered into; and
            (2) ending on or before December 31, 2020.

    (f) <<NOTE: Applicability.>>  Fraud and Overpayments.--The 
provisions of section 2107(e) shall apply with respect to compensation 
paid under an agreement under this section to the same extent and in the 
same manner as in the case of pandemic emergency unemployment 
compensation under such section.

    (g) Definitions.--For purposes of this section, the terms ``regular 
compensation'', ``State'', ``State agency'', ``State law'', and ``week''

[[Page 134 STAT. 323]]

have the respective meanings given such terms under section 205 of the 
Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 
3304 note).
SEC. 2106. EMERGENCY STATE STAFFING FLEXIBILITY.

    Section 4102(b) of the Emergency Unemployment Stabilization and 
Access Act of 2020 (contained in division D of the Families First 
Coronavirus Response Act) <<NOTE: Ante, p. 194.>>  is amended--
            (1) by striking ``or employer experience rating'' and 
        inserting ``employer experience rating, or, subject to the 
        succeeding sentence, personnel standards on a merit basis''; and
            (2) <<NOTE: Termination date.>>  by adding at the end the 
        following new sentence: ``The emergency flexibility for 
        personnel standards on a merit basis shall only apply through 
        December 31, 2020, and is limited to engaging of temporary 
        staff, rehiring of retirees or former employees on a non-
        competitive basis, and other temporary actions to quickly 
        process applications and claims.''.
SEC. 2107. <<NOTE: 15 USC 9025.>>  PANDEMIC EMERGENCY UNEMPLOYMENT 
                          COMPENSATION.

    (a) Federal-State Agreements.--
            (1) In general.--Any State which desires to do so may enter 
        into and participate in an agreement under this section with the 
        Secretary of Labor (in this section referred to as the 
        ``Secretary''). <<NOTE: Time period. Notification.>>  Any State 
        which is a party to an agreement under this section may, upon 
        providing 30 days' written notice to the Secretary, terminate 
        such agreement.
            (2) Provisions of agreement.--Any agreement under paragraph 
        (1) shall provide that the State agency of the State will make 
        payments of pandemic emergency unemployment compensation to 
        individuals who--
                    (A) have exhausted all rights to regular 
                compensation under the State law or under Federal law 
                with respect to a benefit year (excluding any benefit 
                year that ended before July1, 2019);
                    (B) have no rights to regular compensation with 
                respect to a week under such law or any other State 
                unemployment compensation law or to compensation under 
                any other Federal law;
                    (C) are not receiving compensation with respect to 
                such week under the unemployment compensation law of 
                Canada; and
                    (D) are able to work, available to work, and 
                actively seeking work.
            (3) Exhaustion of benefits.--For purposes of paragraph 
        (2)(A), an individual shall be deemed to have exhausted such 
        individual's rights to regular compensation under a State law 
        when--
                    (A) no payments of regular compensation can be made 
                under such law because such individual has received all 
                regular compensation available to such individual based 
                on employment or wages during such individual's base 
                period; or
                    (B) such individual's rights to such compensation 
                have been terminated by reason of the expiration of the 
                benefit year with respect to which such rights existed.
            (4) Weekly benefit amount, etc.--For purposes of any 
        agreement under this section--

[[Page 134 STAT. 324]]

                    (A) the amount of pandemic emergency unemployment 
                compensation which shall be payable to any individual 
                for any week of total unemployment shall be equal to--
                          (i) the amount of the regular compensation 
                      (including dependents' allowances) payable to such 
                      individual during such individual's benefit year 
                      under the State law for a week of total 
                      unemployment; and
                          (ii) the amount of Federal Pandemic 
                      Unemployment Compensation under section 2104;
                    (B) the terms and conditions of the State law which 
                apply to claims for regular compensation and to the 
                payment thereof (including terms and conditions relating 
                to availability for work, active search for work, and 
                refusal to accept work) shall apply to claims for 
                pandemic emergency unemployment compensation and the 
                payment thereof, except where otherwise inconsistent 
                with the provisions of this section or with the 
                regulations or operating instructions of the Secretary 
                promulgated to carry out this section;
                    (C) the maximum amount of pandemic emergency 
                unemployment compensation payable to any individual for 
                whom an pandemic emergency unemployment compensation 
                account is established under subsection (b) shall not 
                exceed the amount established in such account for such 
                individual; and
                    (D) the allowable methods of payment under section 
                2104(b)(2) shall apply to payments of amounts described 
                in subparagraph (A)(ii).
            (5) <<NOTE: Applicability. Determination.>>  Coordination 
        rule.--An agreement under this section shall apply with respect 
        to a State only upon a determination by the Secretary that, 
        under the State law or other applicable rules of such State, the 
        payment of extended compensation for which an individual is 
        otherwise eligible must be deferred until after the payment of 
        any pandemic emergency unemployment compensation under 
        subsection (b) for which the individual is concurrently 
        eligible.
            (6) Nonreduction rule.--
                    (A) <<NOTE: Determination.>>  In general.--An 
                agreement under this section shall not apply (or shall 
                cease to apply) with respect to a State upon a 
                determination by the Secretary that the method governing 
                the computation of regular compensation under the State 
                law of that State has been modified in a manner such 
                that the number of weeks (the maximum benefit 
                entitlement), or the average weekly benefit amount, of 
                regular compensation which will be payable during the 
                period of the agreement will be less than the number of 
                weeks, or the average weekly benefit amount, of the 
                average weekly benefit amount of regular compensation 
                which would otherwise have been payable during such 
                period under the State law, as in effect on January 1, 
                2020.
                    (B) <<NOTE: Definition.>>  Maximum benefit 
                entitlement.--In subparagraph (A), the term ``maximum 
                benefit entitlement'' means the amount of regular 
                unemployment compensation payable to an individual with 
                respect to the individual's benefit year.
            (7) Actively seeking work.--

[[Page 134 STAT. 325]]

                    (A) <<NOTE: Definition.>>  In general.--Subject to 
                subparagraph (C), for purposes of paragraph (2)(D), the 
                term ``actively seeking work'' means, with respect to 
                any individual, that such individual--
                          (i) is registered for employment services in 
                      such a manner and to such extent as prescribed by 
                      the State agency;
                          (ii) has engaged in an active search for 
                      employment that is appropriate in light of the 
                      employment available in the labor market, the 
                      individual's skills and capabilities, and includes 
                      a number of employer contacts that is consistent 
                      with the standards communicated to the individual 
                      by the State;
                          (iii) has maintained a record of such work 
                      search, including employers contacted, method of 
                      contact, and date contacted; and
                          (iv) when requested, has provided such work 
                      search record to the State agency.
                    (B) Flexibility.--Notwithstanding the requirements 
                under subparagraph (A) and paragraph (2)(D), a State 
                shall provide flexibility in meeting such requirements 
                in case of individuals unable to search for work because 
                of COVID-19, including because of illness, quarantine, 
                or movement restriction.

    (b) Pandemic Emergency Unemployment Compensation Account.--
            (1) In general.--Any agreement under this section shall 
        provide that the State will establish, for each eligible 
        individual who files an application for pandemic emergency 
        unemployment compensation, an pandemic emergency unemployment 
        compensation account with respect to such individual's benefit 
        year.
            (2) Amount in account.--The amount established in an account 
        under subsection (a) shall be equal to 13 times the individual's 
        average weekly benefit amount, which includes the amount of 
        Federal Pandemic Unemployment Compensation under section 2104, 
        for the benefit year.
            (3) Weekly benefit amount.--For purposes of this subsection, 
        an individual's weekly benefit amount for any week is the amount 
        of regular compensation (including dependents' allowances) under 
        the State law payable to such individual for such week for total 
        unemployment plus the amount of Federal Pandemic Unemployment 
        Compensation under section 2104.

    (c) Payments to States Having Agreements for the Payment of Pandemic 
Emergency Unemployment Compensation.--
            (1) In general.--There shall be paid to each State that has 
        entered into an agreement under this section an amount equal to 
        100 percent of the pandemic emergency unemployment compensation 
        paid to individuals by the State pursuant to such agreement.
            (2) Treatment of reimbursable compensation.--No payment 
        shall be made to any State under this section in respect of any 
        compensation to the extent the State is entitled to 
        reimbursement in respect of such compensation under the 
        provisions of any Federal law other than this section or chapter 
        85 of title 5, United States Code. A State shall not be entitled 
        to any reimbursement under such chapter 85 in respect of

[[Page 134 STAT. 326]]

        any compensation to the extent the State is entitled to 
        reimbursement under this section in respect of such 
        compensation.
            (3) <<NOTE: Reimbursement. Estimate.>>  Determination of 
        amount.--Sums payable to any State by reason of such State 
        having an agreement under this section shall be payable, either 
        in advance or by way of reimbursement (as may be determined by 
        the Secretary), in such amounts as the Secretary estimates the 
        State will be entitled to receive under this section for each 
        calendar month, reduced or increased, as the case may be, by any 
        amount by which the Secretary finds that the Secretary's 
        estimates for any prior calendar month were greater or less than 
        the amounts which should have been paid to the State. Such 
        estimates may be made on the basis of such statistical, 
        sampling, or other method as may be agreed upon by the Secretary 
        and the State agency of the State involved.

    (d) Financing Provisions.--
            (1) Compensation.--
                    (A) In general.--Funds in the extended unemployment 
                compensation account (as established by section 905(a) 
                of the Social Security Act (42 U.S.C. 1105(a)) of the 
                Unemployment Trust Fund (as established by section 
                904(a) of such Act (42 U.S.C. 1104(a)) shall be used for 
                the making of payments to States having agreements 
                entered into under this section.
                    (B) Transfer of funds.--Notwithstanding any other 
                provision of law, the Secretary of the Treasury shall 
                transfer from the general fund of the Treasury (from 
                funds not otherwise appropriated) to the extended 
                unemployment compensation account such sums as the 
                Secretary of Labor estimates to be necessary to make 
                payments described in subparagraph (A). There are 
                appropriated from the general fund of the Treasury, 
                without fiscal year limitation, the sums referred to in 
                the preceding sentence and such sums shall not be 
                required to be repaid.
            (2) Administration.--
                    (A) In general.--There are appropriated out of the 
                employment security administration account (as 
                established by section 901(a) of the Social Security Act 
                (42 U.S.C. 1101(a)) of the Unemployment Trust Fund, 
                without fiscal year limitation, such funds as may be 
                necessary for purposes of assisting States (as provided 
                in title III of the Social Security Act (42 U.S.C. 501 
                et seq.)) in meeting the costs of administration of 
                agreements under this section.
                    (B) Transfer of funds.--Notwithstanding any other 
                provision of law, the Secretary of the Treasury shall 
                transfer from the general fund of the Treasury (from 
                funds not otherwise appropriated) to the employment 
                security administration account such sums as the 
                Secretary of Labor estimates to be necessary to make 
                payments described in subparagraph (A). There are 
                appropriated from the general fund of the Treasury, 
                without fiscal year limitation, the sums referred to in 
                the preceding sentence and such sums shall not be 
                required to be repaid.
            (3) Certification.--The Secretary shall from time to time 
        certify to the Secretary of the Treasury for payment to each

[[Page 134 STAT. 327]]

        State the sums payable to such State under this subsection. The 
        Secretary of the Treasury, prior to audit or settlement by the 
        Government Accountability Office, shall make payments to the 
        State in accordance with such certification, by transfers from 
        the extended unemployment compensation account (as so 
        established) to the account of such State in the Unemployment 
        Trust Fund (as so established).

    (e) Fraud and Overpayments.--
            (1) In general.--If an individual knowingly has made, or 
        caused to be made by another, a false statement or 
        representation of a material fact, or knowingly has failed, or 
        caused another to fail, to disclose a material fact, and as a 
        result of such false statement or representation or of such 
        nondisclosure such individual has received an amount of pandemic 
        emergency unemployment compensation under this section to which 
        such individual was not entitled, such individual--
                    (A) shall be ineligible for further pandemic 
                emergency unemployment compensation under this section 
                in accordance with the provisions of the applicable 
                State unemployment compensation law relating to fraud in 
                connection with a claim for unemployment compensation; 
                and
                    (B) shall be subject to prosecution under section 
                1001 of title 18, United States Code.
            (2) <<NOTE: Waiver authority. Determination.>>  Repayment.--
        In the case of individuals who have received amounts of pandemic 
        emergency unemployment compensation under this section to which 
        they were not entitled, the State shall require such individuals 
        to repay the amounts of such pandemic emergency unemployment 
        compensation to the State agency, except that the State agency 
        may waive such repayment if it determines that--
                    (A) the payment of such pandemic emergency 
                unemployment compensation was without fault on the part 
                of any such individual; and
                    (B) such repayment would be contrary to equity and 
                good conscience.
            (3) Recovery by state agency.--
                    (A) <<NOTE: Time period.>>  In general.--The State 
                agency shall recover the amount to be repaid, or any 
                part thereof, by deductions from any pandemic emergency 
                unemployment compensation payable to such individual 
                under this section or from any unemployment compensation 
                payable to such individual under any State or Federal 
                unemployment compensation law administered by the State 
                agency or under any other State or Federal law 
                administered by the State agency which provides for the 
                payment of any assistance or allowance with respect to 
                any week of unemployment, during the 3-year period after 
                the date such individuals received the payment of the 
                pandemic emergency unemployment compensation to which 
                they were not entitled, in accordance with the same 
                procedures as apply to the recovery of overpayments of 
                regular unemployment benefits paid by the State.
                    (B) <<NOTE: Determination. Notification.>>  
                Opportunity for hearing.--No repayment shall be 
                required, and no deduction shall be made, until a 
                determination has been made, notice thereof and an 
                opportunity for a fair hearing has been given to the 
                individual, and the determination has become final.

[[Page 134 STAT. 328]]

            (4) Review.--Any determination by a State agency under this 
        section shall be subject to review in the same manner and to the 
        same extent as determinations under the State unemployment 
        compensation law, and only in that manner and to that extent.

    (f) Definitions.--In this section, the terms ``compensation'', 
``regular compensation'', ``extended compensation'', ``benefit year'', 
``base period'', ``State'', ``State agency'', ``State law'', and 
``week'' have the respective meanings given such terms under section 205 
of the Federal-State Extended Unemployment Compensation Act of 1970 (26 
U.S.C. 3304 note).
    (g) <<NOTE: Time period.>>  Applicability.--An agreement entered 
into under this section shall apply to weeks of unemployment--
            (1) beginning after the date on which such agreement is 
        entered into; and
            (2) ending on or before December 31, 2020.
SEC. 2108. <<NOTE: 15 USC 9026.>>  TEMPORARY FINANCING OF SHORT-
                          TIME COMPENSATION PAYMENTS IN STATES 
                          WITH PROGRAMS IN LAW.

    (a) Payments to States.--
            (1) In general.--Subject to paragraph (3), there shall be 
        paid to a State an amount equal to 100 percent of the amount of 
        short-time compensation paid under a short-time compensation 
        program (as defined in section 3306(v) of the Internal Revenue 
        Code of 1986) under the provisions of the State law.
            (2) <<NOTE: Reimbursement. Estimate.>>  Terms of payments.--
        Payments made to a State under paragraph (1) shall be payable by 
        way of reimbursement in such amounts as the Secretary estimates 
        the State will be entitled to receive under this section for 
        each calendar month, reduced or increased, as the case may be, 
        by any amount by which the Secretary finds that the Secretary's 
        estimates for any prior calendar month were greater or less than 
        the amounts which should have been paid to the State. Such 
        estimates may be made on the basis of such statistical, 
        sampling, or other method as may be agreed upon by the Secretary 
        and the State agency of the State involved.
            (3) Limitations on payments.--
                    (A) General payment limitations.--No payments shall 
                be made to a State under this section for short-time 
                compensation paid to an individual by the State during a 
                benefit year in excess of 26 times the amount of regular 
                compensation (including dependents' allowances) under 
                the State law payable to such individual for a week of 
                total unemployment.
                    (B) Employer limitations.--No payments shall be made 
                to a State under this section for benefits paid to an 
                individual by the State under a short-time compensation 
                program if such individual is employed by the 
                participating employer on a seasonal, temporary, or 
                intermittent basis.

    (b) <<NOTE: Time period.>>  Applicability.--Payments to a State 
under subsection (a) shall be available for weeks of unemployment--
            (1) beginning on or after the date of the enactment of this 
        Act; and
            (2) ending on or before December 31, 2020.

    (c) New Programs.--Subject to subsection (b)(2), if at any point 
after the date of the enactment of this Act the State enacts a State law 
providing for the payment of short-time compensation

[[Page 134 STAT. 329]]

under a short-time compensation program that meets the definition of 
such a program under section 3306(v) of the Internal Revenue Code of 
1986, the State shall be eligible for payments under this section after 
the effective date of such enactment.
    (d) Funding and Certifications.--
            (1) Funding.--There are appropriated, out of moneys in the 
        Treasury not otherwise appropriated, such sums as may be 
        necessary for purposes of carrying out this section.
            (2) Certifications.--The Secretary shall from time to time 
        certify to the Secretary of the Treasury for payment to each 
        State the sums payable to such State under this section.

    (e) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (2) State; state agency; state law.--The terms ``State'', 
        ``State agency'', and ``State law'' have the meanings given 
        those terms in section 205 of the Federal-State Extended 
        Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

    (f) Technical Correction to Definition.--Section 3306(v)(6) of the 
Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended by striking 
``Workforce Investment Act of 1998'' and inserting ``Workforce 
Innovation and Opportunity Act''.
SEC. 2109. <<NOTE: 15 USC 9027.>>  TEMPORARY FINANCING OF SHORT-
                          TIME COMPENSATION AGREEMENTS.

    (a) Federal-State Agreements.--
            (1) In general.--Any State which desires to do so may enter 
        into, and participate in, an agreement under this section with 
        the Secretary provided that such State's law does not provide 
        for the payment of short-time compensation under a short-time 
        compensation program (as defined in section 3306(v) of the 
        Internal Revenue Code of 1986).
            (2) <<NOTE: Deadline. Notification.>>  Ability to 
        terminate.--Any State which is a party to an agreement under 
        this section may, upon providing 30 days' written notice to the 
        Secretary, terminate such agreement.

    (b) Provisions of Federal-State Agreement.--
            (1) In general.--Any agreement under this section shall 
        provide that the State agency of the State will make payments of 
        short-time compensation under a plan approved by the State. Such 
        plan shall provide that payments are made in accordance with the 
        requirements under section 3306(v) of the Internal Revenue Code 
        of 1986.
            (2) Limitations on plans.--
                    (A) General payment limitations.--A short-time 
                compensation plan approved by a State shall not permit 
                the payment of short-time compensation to an individual 
                by the State during a benefit year in excess of 26 times 
                the amount of regular compensation (including 
                dependents' allowances) under the State law payable to 
                such individual for a week of total unemployment.
                    (B) Employer limitations.--A short-time compensation 
                plan approved by a State shall not provide payments to 
                an individual if such individual is employed by the 
                participating employer on a seasonal, temporary, or 
                intermittent basis.
            (3) Employer payment of costs.--Any short-time compensation 
        plan entered into by an employer must provide that

[[Page 134 STAT. 330]]

        the employer will pay the State an amount equal to one-half of 
        the amount of short-time compensation paid under such plan. Such 
        amount shall be deposited in the State's unemployment fund and 
        shall not be used for purposes of calculating an employer's 
        contribution rate under section 3303(a)(1) of the Internal 
        Revenue Code of 1986.

    (c) Payments to States.--
            (1) In general.--There shall be paid to each State with an 
        agreement under this section an amount equal to--
                    (A) one-half of the amount of short-time 
                compensation paid to individuals by the State pursuant 
                to such agreement; and
                    (B) any additional administrative expenses incurred 
                by the State by reason of such agreement (as determined 
                by the Secretary).
            (2) <<NOTE: Reimbursement. Estimate.>>  Terms of payments.--
        Payments made to a State under paragraph (1) shall be payable by 
        way of reimbursement in such amounts as the Secretary estimates 
        the State will be entitled to receive under this section for 
        each calendar month, reduced or increased, as the case may be, 
        by any amount by which the Secretary finds that the Secretary's 
        estimates for any prior calendar month were greater or less than 
        the amounts which should have been paid to the State. Such 
        estimates may be made on the basis of such statistical, 
        sampling, or other method as may be agreed upon by the Secretary 
        and the State agency of the State involved.
            (3) Funding.--There are appropriated, out of moneys in the 
        Treasury not otherwise appropriated, such sums as may be 
        necessary for purposes of carrying out this section.
            (4) Certifications.--The Secretary shall from time to time 
        certify to the Secretary of the Treasury for payment to each 
        State the sums payable to such State under this section.

    (d) <<NOTE: Time period.>>  Applicability.--An agreement entered 
into under this section shall apply to weeks of unemployment--
            (1) beginning on or after the date on which such agreement 
        is entered into; and
            (2) ending on or before December 31, 2020.

    (e) Special Rule.--If a State has entered into an agreement under 
this section and subsequently enacts a State law providing for the 
payment of short-time compensation under a short-time compensation 
program that meets the definition of such a program under section 
3306(v) of the Internal Revenue Code of 1986, the State--
            (1) shall not be eligible for payments under this section 
        for weeks of unemployment beginning after the effective date of 
        such State law; and
            (2) subject to section 2108(b)(2), shall be eligible to 
        receive payments under section 2108 after the effective date of 
        such State law.

    (f) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (2) State; state agency; state law.--The terms ``State'', 
        ``State agency'', and ``State law'' have the meanings given 
        those terms in section 205 of the Federal-State Extended 
        Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

[[Page 134 STAT. 331]]

SEC. 2110. <<NOTE: 15 USC 9028.>>  GRANTS FOR SHORT-TIME 
                          COMPENSATION PROGRAMS.

    (a) Grants.--
            (1) For implementation or improved administration.--The 
        Secretary shall award grants to States that enact short-time 
        compensation programs (as defined in subsection (i)(2)) for the 
        purpose of implementation or improved administration of such 
        programs.
            (2) For promotion and enrollment.--The Secretary shall award 
        grants to States that are eligible and submit plans for a grant 
        under paragraph (1) for such States to promote and enroll 
        employers in short-time compensation programs (as so defined).
            (3) Eligibility.--
                    (A) <<NOTE: Determination.>>  In general.--The 
                Secretary shall determine eligibility criteria for the 
                grants under paragraphs (1) and (2).
                    (B) Clarification.--A State administering a short-
                time compensation program that does not meet the 
                definition of a short-time compensation program under 
                section 3306(v) of the Internal Revenue Code of 1986, 
                and a State with an agreement under section 2109, shall 
                not be eligible to receive a grant under this section 
                until such time as the State law of the State provides 
                for payments under a short-time compensation program 
                that meets such definition and such law.

    (b) Amount of Grants.--
            (1) In general.--The maximum amount available for making 
        grants to a State under paragraphs (1) and (2) shall be equal to 
        the amount obtained by multiplying $100,000,000 (less the amount 
        used by the Secretary under subsection (e)) by the same ratio as 
        would apply under subsection (a)(2)(B) of section 903 of the 
        Social Security Act (42 U.S.C. 1103) for purposes of determining 
        such State's share of any excess amount (as described in 
        subsection (a)(1) of such section) that would have been subject 
        to transfer to State accounts, as of October 1, 2019, under the 
        provisions of subsection (a) of such section.
            (2) Amount available for different grants.--Of the maximum 
        incentive payment determined under paragraph (1) with respect to 
        a State--
                    (A) one-third shall be available for a grant under 
                subsection (a)(1); and
                    (B) two-thirds shall be available for a grant under 
                subsection (a)(2).

    (c) Grant Application and Disbursal.--
            (1) Application.--Any State seeking a grant under paragraph 
        (1) or (2) of subsection (a) shall submit an application to the 
        Secretary at such time, in such manner, and complete with such 
        information as the Secretary may require. In no case may the 
        Secretary award a grant under this section with respect to an 
        application that is submitted after December 31, 2023.
            (2) Notice.--The Secretary shall, within 30 days after 
        receiving a complete application, notify the State agency of the 
        State of the Secretary's findings with respect to the 
        requirements for a grant under paragraph (1) or (2) (or both) of 
        subsection (a).

[[Page 134 STAT. 332]]

            (3) Certification.--If the Secretary finds that the State 
        law provisions meet the requirements for a grant under 
        subsection (a), the Secretary shall thereupon make a 
        certification to that effect to the Secretary of the Treasury, 
        together with a certification as to the amount of the grant 
        payment to be transferred to the State account in the 
        Unemployment Trust Fund (as established in section 904(a) of the 
        Social Security Act (42 U.S.C. 1104(a))) pursuant to 
        that <<NOTE: Deadline.>>  finding. The Secretary of the Treasury 
        shall make the appropriate transfer to the State account within 
        7 days after receiving such certification.
            (4) Requirement.--No certification of compliance with the 
        requirements for a grant under paragraph (1) or (2) of 
        subsection (a) may be made with respect to any State whose--
                    (A) State law is not otherwise eligible for 
                certification under section 303 of the Social Security 
                Act (42 U.S.C. 503) or approvable under section 3304 of 
                the Internal Revenue Code of 1986; or
                    (B) <<NOTE: Deadline.>>  short-time compensation 
                program is subject to discontinuation or is not 
                scheduled to take effect within 12 months of the 
                certification.

    (d) Use of Funds.--The amount of any grant awarded under this 
section shall be used for the implementation of short-time compensation 
programs and the overall administration of such programs and the 
promotion and enrollment efforts associated with such programs, such as 
through--
            (1) the creation or support of rapid response teams to 
        advise employers about alternatives to layoffs;
            (2) <<NOTE: Assessment.>>  the provision of education or 
        assistance to employers to enable them to assess the feasibility 
        of participating in short-time compensation programs; and
            (3) the development or enhancement of systems to automate--
                    (A) the submission and approval of plans; and
                    (B) the filing and approval of new and ongoing 
                short-time compensation claims.

    (e) Administration.--The Secretary is authorized to use 0.25 percent 
of the funds available under subsection (g) to provide for outreach and 
to share best practices with respect to this section and short-time 
compensation programs.
    (f) <<NOTE: Determination. Time period.>>  Recoupment.--The 
Secretary shall establish a process under which the Secretary shall 
recoup the amount of any grant awarded under paragraph (1) or (2) of 
subsection (a) if the Secretary determines that, during the 5-year 
period beginning on the first date that any such grant is awarded to the 
State, the State--
            (1) terminated the State's short-time compensation program; 
        or
            (2) failed to meet appropriate requirements with respect to 
        such program (as established by the Secretary).

    (g) Funding.--There are appropriated, out of moneys in the Treasury 
not otherwise appropriated, to the Secretary, $100,000,000 to carry out 
this section, to remain available without fiscal year limitation.
    (h) Reporting.--The Secretary may establish reporting requirements 
for States receiving a grant under this section in order to provide 
oversight of grant funds.
    (i) Definitions.--In this section:

[[Page 134 STAT. 333]]

            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (2) Short-time compensation program.--The term ``short-time 
        compensation program'' has the meaning given such term in 
        section 3306(v) of the Internal Revenue Code of 1986.
            (3) State; state agency; state law.--The terms ``State'', 
        ``State agency'', and ``State law'' have the meanings given 
        those terms in section 205 of the Federal-State Extended 
        Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 2111. <<NOTE: 15 USC 9029.>>  ASSISTANCE AND GUIDANCE IN 
                          IMPLEMENTING PROGRAMS.

    (a) In General.--In order to assist States in establishing, 
qualifying, and implementing short-time compensation programs (as 
defined in section 3306(v) of the Internal Revenue Code of 1986), the 
Secretary of Labor (in this section referred to as the ``Secretary'') 
shall--
            (1) develop model legislative language, or disseminate 
        existing model legislative language, which may be used by States 
        in developing and enacting such programs, and periodically 
        review and revise such model legislative language;
            (2) provide technical assistance and guidance in developing, 
        enacting, and implementing such programs; and
            (3) <<NOTE: Requirements.>>  establish reporting 
        requirements for States, including reporting on--
                    (A) the number of estimated averted layoffs;
                    (B) the number of participating employers and 
                workers; and
                    (C) such other items as the Secretary of Labor 
                determines are appropriate.

    (b) Model Language and Guidance.--The model language and guidance 
developed under subsection (a) shall allow sufficient flexibility by 
States and participating employers while ensuring accountability and 
program integrity.
    (c) Consultation.--In developing the model legislative language and 
guidance under subsection (a), and in order to meet the requirements of 
subsection (b), the Secretary shall consult with employers, labor 
organizations, State workforce agencies, and other program experts. 
Existing model legislative language that has been developed through such 
a consultative process shall be deemed to meet the consultation 
requirement of this subsection.
    (d) Repeal.--Section 4104 of the Emergency Unemployment 
Stabilization and Access Act of 2020 (contained in division D of the 
Families First Coronavirus Response Act) <<NOTE: Ante, p. 194.>>  is 
repealed.
SEC. 2112. <<NOTE: 15 USC 9030.>>  WAIVER OF THE 7-DAY WAITING 
                          PERIOD FOR BENEFITS UNDER THE RAILROAD 
                          UNEMPLOYMENT INSURANCE ACT.

    (a) No Waiting Week.--With respect to any registration period 
beginning after the date of enactment of this Act and ending on or 
before December 31, 2020, subparagraphs (A)(ii) and (B)(ii) of section 
2(a)(1) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(1)) 
shall not apply.
    (b) Operating Instructions and Regulations.--The Railroad Retirement 
Board may prescribe any operating instructions or regulations necessary 
to carry out this section.
    (c) Funding.--Out of any funds in the Treasury not otherwise 
appropriated, there are appropriated $50,000,000 to cover the costs of 
additional benefits payable due to the application of subsection

[[Page 134 STAT. 334]]

(a). Upon the exhaustion of the funds appropriated under this 
subsection, subsection (a) shall no longer apply with respect to any 
registration period beginning after the date of exhaustion of funds.
    (d) Definition of Registration Period.--For purposes of this 
section, the term ``registration period'' has the meaning given such 
term under section 1 of the Railroad Unemployment Insurance Act (45 
U.S.C. 351).
SEC. 2113. ENHANCED BENEFITS UNDER THE RAILROAD UNEMPLOYMENT 
                          INSURANCE ACT.

    Section 2(a) of the Railroad Unemployment Insurance Act (45 U.S.C. 
Sec.  352(a)) is amended by adding at the end the following:
    ``(5)(A) <<NOTE: Time periods.>>  Notwithstanding paragraph (3), 
subsection (c)(1)(B), and any other limitation on total benefits in this 
Act, for registration periods beginning on or after April 1, 2020, but 
on or before July 31, 2020, a recovery benefit in the amount of $1,200 
shall be payable to a qualified employee with respect to any 
registration period in which the employee received unemployment benefits 
under paragraph (1)(A), and in any registration period in which the 
employee did not receive unemployment benefits due to the limitation in 
subsection (c)(1)(B) or due to reaching the maximum number of days of 
benefits in the benefit year beginning July 1, 2019, under subsection 
(c)(1)(A). No recovery benefits shall be payable under this section upon 
the exhaustion of the funds appropriated under subparagraph (B) for 
payment of benefits under this subparagraph.

    ``(B) Out of any funds in the Treasury not otherwise appropriated, 
there are appropriated $425,000,000 to cover the cost of recovery 
benefits provided under subparagraph (A), to remain available until 
expended.''.
SEC. 2114. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD 
                          UNEMPLOYMENT INSURANCE ACT.

    (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad Unemployment 
Insurance Act (45 U.S.C. 352(c)(2)(D)(iii) is amended--
            (1) by striking ``July 1, 2008'' and inserting ``July 1, 
        2019'';
            (2) by striking ``June 30, 2013'' and inserting ``June 30, 
        2020''; and
            (3) by striking ``December 31, 2013'' and inserting 
        ``December 31, 2020''.

    (b) <<NOTE: 45 USC 352 note.>>  Clarification on Authority To Use 
Funds.--Funds appropriated under either the first or second sentence of 
clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance 
Act shall be available to cover the cost of additional extended 
unemployment benefits provided under such section 2(c)(2)(D) by reason 
of the amendments made by subsection (a) as well as to cover the cost of 
such benefits provided under such section 2(c)(2)(D) as in effect on the 
day before the date of enactment of this Act.
SEC. 2115. <<NOTE: 15 USC 9031.>>  FUNDING FOR THE DOL OFFICE OF 
                          INSPECTOR GENERAL FOR OVERSIGHT OF 
                          UNEMPLOYMENT PROVISIONS.

    There are appropriated, out of moneys in the Treasury not otherwise 
appropriated, to the Office of the Inspector General of the Department 
of Labor, $25,000,000 to carry out audits, investigations, and other 
oversight activities authorized under the Inspector

[[Page 134 STAT. 335]]

General Act of 1978 (5 U.S.C. App.) that are related to the provisions 
of, and amendments made by, this subtitle, to remain available without 
fiscal year limitation.
SEC. 2116. <<NOTE: 15 USC 9032.>>  IMPLEMENTATION.

    (a) Non-application of the Paperwork Reduction Act.--Chapter 35 of 
title 44, United States Code (commonly referred to as the ``Paperwork 
Reduction Act of 1995''), shall not apply to the provisions of, and the 
amendments made by, this subtitle.
    (b) Operating Instructions or Other Guidance.--Notwithstanding any 
other provision of law, the Secretary of Labor may issue any operating 
instructions or other guidance necessary to carry out the provisions of, 
or the amendments made by, this subtitle.

           Subtitle B--Rebates and Other Individual Provisions

SEC. 2201. 2020 RECOVERY REBATES FOR INDIVIDUALS.

    (a) In General.--Subchapter B of chapter 65 of subtitle F of the 
Internal Revenue Code of 1986 is amended by inserting after section 6427 
the following new section:
``SEC. 6428. <<NOTE: 26 USC 6428.>>  2020 RECOVERY REBATES FOR 
                          INDIVIDUALS.

    ``(a) In General.--In the case of an eligible individual, there 
shall be allowed as a credit against the tax imposed by subtitle A for 
the first taxable year beginning in 2020 an amount equal to the sum of--
            ``(1) $1,200 ($2,400 in the case of eligible individuals 
        filing a joint return), plus
            ``(2) an amount equal to the product of $500 multiplied by 
        the number of qualifying children (within the meaning of section 
        24(c)) of the taxpayer.

    ``(b) Treatment of Credit.--The credit allowed by subsection (a) 
shall be treated as allowed by subpart C of part IV of subchapter A of 
chapter 1.
    ``(c) Limitation Based on Adjusted Gross Income.--The amount of the 
credit allowed by subsection (a) (determined without regard to this 
subsection and subsection (e)) shall be reduced (but not below zero) by 
5 percent of so much of the taxpayer's adjusted gross income as 
exceeds--
            ``(1) $150,000 in the case of a joint return,
            ``(2) $112,500 in the case of a head of household, and
            ``(3) $75,000 in the case of a taxpayer not described in 
        paragraph (1) or (2).

    ``(d) Eligible Individual.--For purposes of this section, the term 
`eligible individual' means any individual other than--
            ``(1) any nonresident alien individual,
            ``(2) any individual with respect to whom a deduction under 
        section 151 is allowable to another taxpayer for a taxable year 
        beginning in the calendar year in which the individual's taxable 
        year begins, and
            ``(3) an estate or trust.

    ``(e) Coordination With Advance Refunds of Credit.--
            ``(1) In general.--The amount of credit which would (but for 
        this paragraph) be allowable under this section shall be

[[Page 134 STAT. 336]]

        reduced (but not below zero) by the aggregate refunds and 
        credits made or allowed to the taxpayer under subsection (f). 
        Any failure to so reduce the credit shall be treated as arising 
        out of a mathematical or clerical error and assessed according 
        to section 6213(b)(1).
            ``(2) Joint returns.--In the case of a refund or credit made 
        or allowed under subsection (f) with respect to a joint return, 
        half of such refund or credit shall be treated as having been 
        made or allowed to each individual filing such return.

    ``(f) Advance Refunds and Credits.--
            ``(1) In general.--Subject to paragraph (5), each individual 
        who was an eligible individual for such individual's first 
        taxable year beginning in 2019 shall be treated as having made a 
        payment against the tax imposed by chapter 1 for such taxable 
        year in an amount equal to the advance refund amount for such 
        taxable year.
            ``(2) Advance refund amount.--For purposes of paragraph (1), 
        the advance refund amount is the amount that would have been 
        allowed as a credit under this section for such taxable year if 
        this section (other than subsection (e) and this subsection) had 
        applied to such taxable year.
            ``(3) Timing and manner of payments.--
                    ``(A) Timing.--The Secretary shall, subject to the 
                provisions of this title, refund or credit any 
                overpayment attributable to this section as rapidly as 
                possible. No refund or credit shall be made or allowed 
                under this subsection after December 31, 2020.
                    ``(B) Delivery of payments.--Notwithstanding any 
                other provision of law, the Secretary may certify and 
                disburse refunds payable under this subsection 
                electronically to any account to which the payee 
                authorized, on or after January 1, 2018, the delivery of 
                a refund of taxes under this title or of a Federal 
                payment (as defined in section 3332 of title 31, United 
                States Code).
                    ``(C) Waiver of certain rules.--Notwithstanding 
                section 3325 of title 31, United States Code, or any 
                other provision of law, with respect to any payment of a 
                refund under this subsection, a disbursing official in 
                the executive branch of the United States Government may 
                modify payment information received from an officer or 
                employee described in section 3325(a)(1)(B) of such 
                title for the purpose of facilitating the accurate and 
                efficient delivery of such payment. Except in cases of 
                fraud or reckless neglect, no liability under sections 
                3325, 3527, 3528, or 3529 of title 31, United States 
                Code, shall be imposed with respect to payments made 
                under this subparagraph.
            ``(4) No interest.--No interest shall be allowed on any 
        overpayment attributable to this section.
            ``(5) Alternate taxable year.--In the case of an individual 
        who, at the time of any determination made pursuant to paragraph 
        (3), has not filed a tax return for the year described in 
        paragraph (1), the Secretary may--
                    ``(A) apply such paragraph by substituting `2018' 
                for `2019', and
                    ``(B) if the individual has not filed a tax return 
                for such individual's first taxable year beginning in 
                2018, use

[[Page 134 STAT. 337]]

                information with respect to such individual for calendar 
                year 2019 provided in--
                          ``(i) Form SSA-1099, Social Security Benefit 
                      Statement, or
                          ``(ii) Form RRB-1099, Social Security 
                      Equivalent Benefit Statement.
            ``(6) <<NOTE: Deadline.>>  Notice to taxpayer.--Not later 
        than 15 days after the date on which the Secretary distributed 
        any payment to an eligible taxpayer pursuant to this subsection, 
        notice shall be sent by mail to such taxpayer's last known 
        address. Such notice shall indicate the method by which such 
        payment was made, the amount of such payment, and a phone number 
        for the appropriate point of contact at the Internal Revenue 
        Service to report any failure to receive such payment.

    ``(g) Identification Number Requirement.--
            ``(1) In general.--No credit shall be allowed under 
        subsection (a) to an eligible individual who does not include on 
        the return of tax for the taxable year--
                    ``(A) such individual's valid identification number,
                    ``(B) in the case of a joint return, the valid 
                identification number of such individual's spouse, and
                    ``(C) in the case of any qualifying child taken into 
                account under subsection (a)(2), the valid 
                identification number of such qualifying child.
            ``(2) Valid identification number.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the term `valid identification number' means a social 
                security number (as such term is defined in section 
                24(h)(7)).
                    ``(B) Adoption taxpayer identification number.--For 
                purposes of paragraph (1)(C), in the case of a 
                qualifying child who is adopted or placed for adoption, 
                the term `valid identification number' shall include the 
                adoption taxpayer identification number of such child.
            ``(3) Special rule for members of the armed forces.--
        Paragraph (1)(B) shall not apply in the case where at least 1 
        spouse was a member of the Armed Forces of the United States at 
        any time during the taxable year and at least 1 spouse satisfies 
        paragraph (1)(A).
            ``(4) Mathematical or clerical error authority.--Any 
        omission of a correct valid identification number required under 
        this subsection shall be treated as a mathematical or clerical 
        error for purposes of applying section 6213(g)(2) to such 
        omission.

    ``(h) Regulations.--The Secretary shall prescribe such regulations 
or other guidance as may be necessary to carry out the purposes of this 
section, including any such measures as are deemed appropriate to avoid 
allowing multiple credits or rebates to a taxpayer.''.
    (b) Administrative Amendments.--
            (1) Definition of deficiency.--Section 6211(b)(4)(A) of the 
        Internal Revenue Code of 1986 <<NOTE: 26 USC 6211.>>  is amended 
        by striking ``and 36B, 168(k)(4)'' and inserting ``36B, and 
        6428''.
            (2) Mathematical or clerical error authority.--Section 
        6213(g)(2)(L) of such Code is amended by striking ``or 32'' and 
        inserting ``32, or 6428''.

    (c) <<NOTE: 26 USC 6428 note.>>  Treatment of Possessions.--
            (1) Payments to possessions.--

[[Page 134 STAT. 338]]

                    (A) Mirror code possession.--The Secretary of the 
                Treasury shall pay to each possession of the United 
                States which has a mirror code tax system amounts equal 
                to the loss (if any) to that possession by reason of the 
                amendments made by this 
                section. <<NOTE: Determination.>>  Such amounts shall be 
                determined by the Secretary of the Treasury based on 
                information provided by the government of the respective 
                possession.
                    (B) Other possessions.--The Secretary of the 
                Treasury shall pay to each possession of the United 
                States which does not have a mirror code tax system 
                amounts estimated by the Secretary of the Treasury as 
                being equal to the aggregate benefits (if any) that 
                would have been provided to residents of such possession 
                by reason of the amendments made by this section if a 
                mirror code tax system had been in effect in such 
                possession. The preceding sentence shall not apply 
                unless the respective possession has a plan, which has 
                been approved by the Secretary of the Treasury, under 
                which such possession will promptly distribute such 
                payments to its residents.
            (2) Coordination with credit allowed against united states 
        income taxes.--No credit shall be allowed against United States 
        income taxes under section 6428 of the Internal Revenue Code of 
        1986 (as added by this section) to any person--
                    (A) to whom a credit is allowed against taxes 
                imposed by the possession by reason of the amendments 
                made by this section, or
                    (B) who is eligible for a payment under a plan 
                described in paragraph (1)(B).
            (3) Definitions and special rules.--
                    (A) Possession of the united states.--For purposes 
                of this subsection, the term ``possession of the United 
                States'' includes the Commonwealth of Puerto Rico and 
                the Commonwealth of the Northern Mariana Islands.
                    (B) Mirror code tax system.--For purposes of this 
                subsection, the term ``mirror code tax system'' means, 
                with respect to any possession of the United States, the 
                income tax system of such possession if the income tax 
                liability of the residents of such possession under such 
                system is determined by reference to the income tax laws 
                of the United States as if such possession were the 
                United States.
                    (C) Treatment of payments.--For purposes of section 
                1324 of title 31, United States Code, the payments under 
                this subsection shall be treated in the same manner as a 
                refund due from a credit provision referred to in 
                subsection (b)(2) of such section.

    (d) <<NOTE: 26 USC 6428 note.>>  Exception From Reduction or 
Offset.--Any credit or refund allowed or made to any individual by 
reason of section 6428 of the Internal Revenue Code of 1986 (as added by 
this section) or by reason of subsection (c) of this section shall not 
be--
            (1) subject to reduction or offset pursuant to section 3716 
        or 3720A of title 31, United States Code,
            (2) subject to reduction or offset pursuant to subsection 
        (d), (e), or (f) of section 6402 of the Internal Revenue Code of 
        1986, or

[[Page 134 STAT. 339]]

            (3) reduced or offset by other assessed Federal taxes that 
        would otherwise be subject to levy or collection.

    (e) <<NOTE: Coordination. 26 USC 6428 note.>>  Public Awareness 
Campaign.--The Secretary of the Treasury (or the Secretary's delegate) 
shall conduct a public awareness campaign, in coordination with the 
Commissioner of Social Security and the heads of other relevant Federal 
agencies, to provide information regarding the availability of the 
credit and rebate allowed under section 6428 of the Internal Revenue 
Code of 1986 (as added by this section), including information with 
respect to individuals who may not have filed a tax return for taxable 
year 2018 or 2019.

    (f) Appropriations to Carry Out Rebates.--
            (1) In general.--Immediately upon the enactment of this Act, 
        the following sums are appropriated, out of any money in the 
        Treasury not otherwise appropriated, for the fiscal year ending 
        September 30, 2020:
                    (A) Department of the treasury.--
                          (i) For an additional amount for ``Department 
                      of the Treasury--Bureau of the Fiscal Service--
                      Salaries and Expenses'', $78,650,000, to remain 
                      available until September 30, 2021.
                          (ii) For an additional amount for ``Department 
                      of the Treasury--Internal Revenue Service--
                      Taxpayer Services'', $293,500,000, to remain 
                      available until September 30, 2021.
                          (iii) For an additional amount for 
                      ``Department of the Treasury--Internal Revenue 
                      Service--Operations Support'', $170,000,000, to 
                      remain available until September 30, 2021.
                          (iv) For an additional amount for ``Department 
                      of Treasury--Internal Revenue Service--
                      Enforcement'', $37,200,000, to remain available 
                      until September 30, 2021.
                Amounts made available in appropriations under clauses 
                (ii), (iii), and (iv) of this subparagraph may be 
                transferred between such appropriations upon the advance 
                notification of the Committees on Appropriations of the 
                House of Representatives and the Senate. Such transfer 
                authority is in addition to any other transfer authority 
                provided by law.
                    (B) Social security administration.--For an 
                additional amount for ``Social Security Administration--
                Limitation on Administrative Expenses'', $38,000,000, to 
                remain available until September 30, 2021.
            (2) <<NOTE: Plan.>>  Reports.--No later than 15 days after 
        enactment of this Act, the Secretary of the Treasury shall 
        submit a plan to the Committees on Appropriations of the House 
        of Representatives and the Senate detailing the expected use of 
        the funds provided by paragraph (1)(A). <<NOTE: Time period.>>  
        Beginning 90 days after enactment of this Act, the Secretary of 
        the Treasury shall submit a quarterly report to the Committees 
        on Appropriations of the House of Representatives and the Senate 
        detailing the actual expenditure of funds provided by paragraph 
        (1)(A) and the expected expenditure of such funds in the 
        subsequent quarter.

    (g) Conforming Amendments.--

[[Page 134 STAT. 340]]

            (1) Paragraph (2) of section 1324(b) of title 31, United 
        States Code, is amended by inserting ``6428,'' after 
        ``54B(h),''.
            (2) The table of sections for subchapter B of chapter 65 of 
        subtitle F of the Internal Revenue Code of 1986 <<NOTE: 26 USC 
        6411 prec.>>  is amended by inserting after the item relating to 
        section 6427 the following:

``Sec. 6428. 2020 Recovery Rebates for individuals.''.

SEC. 2202. <<NOTE: 26 USC 72 note.>>  SPECIAL RULES FOR USE OF 
                          RETIREMENT FUNDS.

    (a) Tax-favored Withdrawals From Retirement Plans.--
            (1) In general.--Section 72(t) of the Internal Revenue Code 
        of 1986 shall not apply to any coronavirus-related distribution.
            (2) Aggregate dollar limitation.--
                    (A) In general.--For purposes of this subsection, 
                the aggregate amount of distributions received by an 
                individual which may be treated as coronavirus-related 
                distributions for any taxable year shall not exceed 
                $100,000.
                    (B) Treatment of plan distributions.--If a 
                distribution to an individual would (without regard to 
                subparagraph (A)) be a coronavirus-related distribution, 
                a plan shall not be treated as violating any requirement 
                of the Internal Revenue Code of 1986 merely because the 
                plan treats such distribution as a coronavirus-related 
                distribution, unless the aggregate amount of such 
                distributions from all plans maintained by the employer 
                (and any member of any controlled group which includes 
                the employer) to such individual exceeds $100,000.
                    (C) <<NOTE: Definition.>>  Controlled group.--For 
                purposes of subparagraph (B), the term ``controlled 
                group'' means any group treated as a single employer 
                under subsection (b), (c), (m), or (o) of section 414 of 
                the Internal Revenue Code of 1986.
            (3) Amount distributed may be repaid.--
                    (A) <<NOTE: Time period.>>  In general.--Any 
                individual who receives a coronavirus-related 
                distribution may, at any time during the 3-year period 
                beginning on the day after the date on which such 
                distribution was received, make 1 or more contributions 
                in an aggregate amount not to exceed the amount of such 
                distribution to an eligible retirement plan of which 
                such individual is a beneficiary and to which a rollover 
                contribution of such distribution could be made under 
                section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 
                457(e)(16), of the Internal Revenue Code of 1986, as the 
                case may be.
                    (B) Treatment of repayments of distributions from 
                eligible retirement plans other <<NOTE: Deadline.>> than 
                iras.--For purposes of the Internal Revenue Code of 
                1986, if a contribution is made pursuant to subparagraph 
                (A) with respect to a coronavirus-related distribution 
                from an eligible retirement plan other than an 
                individual retirement plan, then the taxpayer shall, to 
                the extent of the amount of the contribution, be treated 
                as having received the coronavirus-related distribution 
                in an eligible rollover distribution (as defined in 
                section 402(c)(4) of such Code) and as having 
                transferred the amount to the eligible retirement plan 
                in a direct trustee to trustee transfer within 60 days 
                of the distribution.

[[Page 134 STAT. 341]]

                    (C) Treatment of repayments of distributions from 
                iras.--For <<NOTE: Deadline.>>  purposes of the Internal 
                Revenue Code of 1986, if a contribution is made pursuant 
                to subparagraph (A) with respect to a coronavirus-
                related distribution from an individual retirement plan 
                (as defined by section 7701(a)(37) of such Code), then, 
                to the extent of the amount of the contribution, the 
                coronavirus-related distribution shall be treated as a 
                distribution described in section 408(d)(3) of such Code 
                and as having been transferred to the eligible 
                retirement plan in a direct trustee to trustee transfer 
                within 60 days of the distribution.
            (4) Definitions.--For purposes of this subsection--
                    (A) Coronavirus-related distribution.--Except as 
                provided in paragraph (2), the term ``coronavirus-
                related distribution'' means any distribution from an 
                eligible retirement plan made--
                          (i) <<NOTE: Time period.>>  on or after 
                      January 1, 2020, and before December 31, 2020,
                          (ii) to an individual--
                                    (I) who is diagnosed with the virus 
                                SARS-CoV-2 or with coronavirus disease 
                                2019 (COVID-19) by a test approved by 
                                the Centers for Disease Control and 
                                Prevention,
                                    (II) whose spouse or dependent (as 
                                defined in section 152 of the Internal 
                                Revenue Code of 1986) is diagnosed with 
                                such virus or disease by such a test, or
                                    (III) who experiences adverse 
                                financial consequences as a result of 
                                being quarantined, being furloughed or 
                                laid off or having work hours reduced 
                                due to such virus or disease, being 
                                unable to work due to lack of child care 
                                due to such virus or disease, closing or 
                                reducing hours of a business owned or 
                                operated by the individual due to such 
                                virus or disease, or other factors as 
                                determined by the Secretary of the 
                                Treasury (or the Secretary's delegate).
                    (B) Employee certification.--The administrator of an 
                eligible retirement plan may rely on an employee's 
                certification that the employee satisfies the conditions 
                of subparagraph (A)(ii) in determining whether any 
                distribution is a coronavirus-related distribution.
                    (C) Eligible retirement plan.--The term ``eligible 
                retirement plan'' has the meaning given such term by 
                section 402(c)(8)(B) of the Internal Revenue Code of 
                1986.
            (5) Income inclusion spread over 3-year period.--
                    (A) <<NOTE: Time period.>>  In general.--In the case 
                of any coronavirus-related distribution, unless the 
                taxpayer elects not to have this paragraph apply for any 
                taxable year, any amount required to be included in 
                gross income for such taxable year shall be so included 
                ratably over the 3-taxable-year period beginning with 
                such taxable year.
                    (B) Special rule.--For purposes of subparagraph (A), 
                rules similar to the rules of subparagraph (E) of 
                section 408A(d)(3) of the Internal Revenue Code of 1986 
                shall apply.
            (6) Special rules.--

[[Page 134 STAT. 342]]

                    (A) Exemption of distributions from trustee to 
                trustee transfer and withholding rules.--For purposes of 
                sections 401(a)(31), 402(f), and 3405 of the Internal 
                Revenue Code of 1986, coronavirus-related distributions 
                shall not be treated as eligible rollover distributions.
                    (B) Coronavirus-related distributions treated as 
                meeting plan distribution requirements.--For purposes of 
                the Internal Revenue Code of 1986, a coronavirus-related 
                distribution shall be treated as meeting the 
                requirements of sections 401(k)(2)(B)(i), 
                403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) of such 
                Code and section 8433(h)(1) of title 5, United States 
                Code.

    (b) Loans From Qualified Plans.--
            (1) <<NOTE: Time period.>>  Increase in limit on loans not 
        treated as distributions.--In the case of any loan from a 
        qualified employer plan (as defined under section 72(p)(4) of 
        the Internal Revenue Code of 1986) to a qualified individual 
        made during the 180-day period beginning on the date of the 
        enactment of this Act--
                    (A) clause (i) of section 72(p)(2)(A) of such Code 
                shall be applied by substituting ``$100,000'' for 
                ``$50,000'', and
                    (B) clause (ii) of such section shall be applied by 
                substituting ``the present value of the nonforfeitable 
                accrued benefit of the employee under the plan'' for 
                ``one-half of the present value of the nonforfeitable 
                accrued benefit of the employee under the plan''.
            (2) Delay of repayment.--In the case of a qualified 
        individual with an outstanding loan (on or after the date of the 
        enactment of this Act) from a qualified employer plan (as 
        defined in section 72(p)(4) of the Internal Revenue Code of 
        1986)--
                    (A) <<NOTE: Time period.>>  if the due date pursuant 
                to subparagraph (B) or (C) of section 72(p)(2) of such 
                Code for any repayment with respect to such loan occurs 
                during the period beginning on the date of the enactment 
                of this Act and ending on December 31, 2020, such due 
                date shall be delayed for 1 year,
                    (B) any subsequent repayments with respect to any 
                such loan shall be appropriately adjusted to reflect the 
                delay in the due date under subparagraph (A) and any 
                interest accruing during such delay, and
                    (C) in determining the 5-year period and the term of 
                a loan under subparagraph (B) or (C) of section 72(p)(2) 
                of such Code, the period described in subparagraph (A) 
                of this paragraph shall be disregarded.
            (3) <<NOTE: Definition.>>  Qualified individual.--For 
        purposes of this subsection, the term ``qualified individual'' 
        means any individual who is described in subsection 
        (a)(4)(A)(ii).

    (c) Provisions Relating to Plan Amendments.--
            (1) <<NOTE: Applicability.>>  In general.--If this 
        subsection applies to any amendment to any plan or annuity 
        contract--
                    (A) such plan or contract shall be treated as being 
                operated in accordance with the terms of the plan during 
                the period described in paragraph (2)(B)(i), and
                    (B) except as provided by the Secretary of the 
                Treasury (or the Secretary's delegate), such plan or 
                contract shall not fail to meet the requirements of 
                section 411(d)(6) of

[[Page 134 STAT. 343]]

                the Internal Revenue Code of 1986 and section 204(g) of 
                the Employee Retirement Income Security Act of 1974 by 
                reason of such amendment.
            (2) Amendments to which subsection applies.--
                    (A) In general.--This subsection shall apply to any 
                amendment to any plan or annuity contract which is 
                made--
                          (i) pursuant to any provision of this section, 
                      or pursuant to any regulation issued by the 
                      Secretary of the Treasury or the Secretary of 
                      Labor (or the delegate of either such Secretary) 
                      under any provision of this section, and
                          (ii) <<NOTE: Time period.>>  on or before the 
                      last day of the first plan year beginning on or 
                      after January 1, 2022, or such later date as the 
                      Secretary of the Treasury (or the Secretary's 
                      delegate) may prescribe.
                In the case of a governmental plan (as defined in 
                section 414(d) of the Internal Revenue Code of 1986), 
                clause (ii) shall be applied by substituting the date 
                which is 2 years after the date otherwise applied under 
                clause (ii).
                    (B) Conditions.--This subsection shall not apply to 
                any amendment unless--
                          (i) <<NOTE: Time period.>>  during the 
                      period--
                                    (I) beginning on the date that this 
                                section or the regulation described in 
                                subparagraph (A)(i) takes effect (or in 
                                the case of a plan or contract amendment 
                                not required by this section or such 
                                regulation, the effective date specified 
                                by the plan), and
                                    (II) ending on the date described in 
                                subparagraph (A)(ii) (or, if earlier, 
                                the date the plan or contract amendment 
                                is adopted),
                      the plan or contract is operated as if such plan 
                      or contract amendment were in effect, and
                          (ii) such plan or contract amendment applies 
                      retroactively for such period.
SEC. 2203. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES 
                          FOR CERTAIN RETIREMENT PLANS AND 
                          ACCOUNTS.

    (a) In General.--Section 401(a)(9) of the Internal Revenue Code of 
1986 <<NOTE: 26 USC 401.>>  is amended by adding at the end the 
following new subparagraph:
                    ``(I) Temporary waiver of minimum required 
                distribution.--
                          ``(i) In general.--The requirements of this 
                      paragraph shall not apply for calendar year 2020 
                      to--
                                    ``(I) a defined contribution plan 
                                which is described in this subsection or 
                                in section 403(a) or 403(b),
                                    ``(II) a defined contribution plan 
                                which is an eligible deferred 
                                compensation plan described in section 
                                457(b) but only if such plan is 
                                maintained by an employer described in 
                                section 457(e)(1)(A), or
                                    ``(III) an individual retirement 
                                plan.

[[Page 134 STAT. 344]]

                          ``(ii) <<NOTE: Applicability.>>  Special rule 
                      for required beginning dates in 2020.--Clause (i) 
                      shall apply to any distribution which is required 
                      to be made in calendar year 2020 by reason of--
                                    ``(I) a required beginning date 
                                occurring in such calendar year, and
                                    ``(II) such distribution not having 
                                been made before January 1, 2020.
                          ``(iii) Special rules regarding waiver 
                      period.--For purposes of this paragraph--
                                    ``(I) the required beginning date 
                                with respect to any individual shall be 
                                determined without regard to this 
                                subparagraph for purposes of applying 
                                this paragraph for calendar years after 
                                2020, and
                                    ``(II) if clause (ii) of 
                                subparagraph (B) applies, the 5-year 
                                period described in such clause shall be 
                                determined without regard to calendar 
                                year 2020.''.

    (b) Eligible Rollover Distributions.--Section 402(c)(4) of the 
Internal Revenue Code of 1986 <<NOTE: 26 USC 402.>>  is amended by 
striking ``2009'' each place it appears in the last sentence and 
inserting ``2020''.

    (c) <<NOTE: 26 USC 401 note.>>  Effective Dates.--
            (1) In general.--The amendments made by this section shall 
        apply for calendar years beginning after December 31, 2019.
            (2) Provisions relating to plan or contract amendments.--
                    (A) <<NOTE: Applicability.>>  In general.--If this 
                paragraph applies to any plan or contract amendment--
                          (i) such plan or contract shall not fail to be 
                      treated as being operated in accordance with the 
                      terms of the plan during the period described in 
                      subparagraph (B)(ii) solely because the plan 
                      operates in accordance with this section, and
                          (ii) except as provided by the Secretary of 
                      the Treasury (or the Secretary's delegate), such 
                      plan or contract shall not fail to meet the 
                      requirements of section 411(d)(6) of the Internal 
                      Revenue Code of 1986 and section 204(g) of the 
                      Employee Retirement Income Security Act of 1974 by 
                      reason of such amendment.
                    (B) Amendments to which paragraph applies.--
                          (i) In general.--This paragraph shall apply to 
                      any amendment to any plan or annuity contract 
                      which--
                                    (I) is made pursuant to the 
                                amendments made by this section, and
                                    (II) is made on or before the last 
                                day of the first plan year beginning on 
                                or after January 1, 2022.
                      In the case of a governmental plan, subclause (II) 
                      shall be applied by substituting ``2024'' for 
                      ``2022''.
                          (ii) <<NOTE: Time period.>>  Conditions.--This 
                      paragraph shall not apply to any amendment unless 
                      during the period beginning on the effective date 
                      of the amendment and ending on December 31, 2020, 
                      the plan or contract is operated as if such plan 
                      or contract amendment were in effect.

[[Page 134 STAT. 345]]

SEC. 2204. ALLOWANCE OF PARTIAL ABOVE THE LINE DEDUCTION FOR 
                          CHARITABLE CONTRIBUTIONS.

    (a) In General.--Section 62(a) of the Internal Revenue Code of 
1986 <<NOTE: 26 USC 62.>>  is amended by inserting after paragraph (21) 
the following new paragraph:
            ``(22) Charitable contributions.--In the case of taxable 
        years beginning in 2020, the amount (not to exceed $300) of 
        qualified charitable contributions made by an eligible 
        individual during the taxable year.''.

    (b) Definitions.--Section 62 of such Code is amended by adding at 
the end the following new subsection:
    ``(f) Definitions Relating to Qualified Charitable Contributions.--
For purposes of subsection (a)(22)--
            ``(1) Eligible individual.--The term `eligible individual' 
        means any individual who does not elect to itemize deductions.
            ``(2) Qualified charitable contributions.--The term 
        `qualified charitable contribution' means a charitable 
        contribution (as defined in section 170(c))--
                    ``(A) which is made in cash,
                    ``(B) for which a deduction is allowable under 
                section 170 (determined without regard to subsection (b) 
                thereof), and
                    ``(C) which is--
                          ``(i) made to an organization described in 
                      section 170(b)(1)(A), and
                          ``(ii) not--
                                    ``(I) to an organization described 
                                in section 509(a)(3), or
                                    ``(II) for the establishment of a 
                                new, or maintenance of an existing, 
                                donor advised fund (as defined in 
                                section 4966(d)(2)).
                      Such term shall not include any amount which is 
                      treated as a charitable contribution made in such 
                      taxable year by reason of subsection (b)(1)(G)(ii) 
                      or (d)(1) of section 170.''.

    (c) <<NOTE: 26 USC 62 note.>>  Effective Date.--The amendments made 
by this section shall apply to taxable years beginning after December 
31, 2019.
SEC. 2205. <<NOTE: 26 USC 170 note.>>  MODIFICATION OF LIMITATIONS 
                          ON CHARITABLE CONTRIBUTIONS DURING 2020.

    (a) Temporary Suspension of Limitations on Certain Cash 
Contributions.--
            (1) In general.--Except as otherwise provided in paragraph 
        (2), qualified contributions shall be disregarded in applying 
        subsections (b) and (d) of section 170 of the Internal Revenue 
        Code of 1986.
            (2) Treatment of excess contributions.--For purposes of 
        section 170 of the Internal Revenue Code of 1986--
                    (A) Individuals.--In the case of an individual--
                          (i) Limitation.--Any qualified contribution 
                      shall be allowed as a deduction only to the extent 
                      that the aggregate of such contributions does not 
                      exceed the excess of the taxpayer's contribution 
                      base (as defined in subparagraph (H) of section 
                      170(b)(1) of such Code) over the amount of all 
                      other charitable contributions allowed under 
                      section 170(b)(1) of such Code.

[[Page 134 STAT. 346]]

                          (ii) Carryover.--If the aggregate amount of 
                      qualified contributions made in the contribution 
                      year (within the meaning of section 170(d)(1) of 
                      such Code) exceeds the limitation of clause (i), 
                      such excess shall be added to the excess described 
                      in section 170(b)(1)(G)(ii).
                    (B) Corporations.--In the case of a corporation--
                          (i) Limitation.--Any qualified contribution 
                      shall be allowed as a deduction only to the extent 
                      that the aggregate of such contributions does not 
                      exceed the excess of 25 percent of the taxpayer's 
                      taxable income (as determined under paragraph (2) 
                      of section 170(b) of such Code) over the amount of 
                      all other charitable contributions allowed under 
                      such paragraph.
                          (ii) Carryover.--If the aggregate amount of 
                      qualified contributions made in the contribution 
                      year (within the meaning of section 170(d)(2) of 
                      such Code) exceeds the limitation of clause (i), 
                      such excess shall be appropriately taken into 
                      account under section 170(d)(2) subject to the 
                      limitations thereof.
            (3) Qualified contributions.--
                    (A) <<NOTE: Definition.>>  In general.--For purposes 
                of this subsection, the term ``qualified contribution'' 
                means any charitable contribution (as defined in section 
                170(c) of the Internal Revenue Code of 1986) if--
                          (i) such contribution is paid in cash during 
                      calendar year 2020 to an organization described in 
                      section 170(b)(1)(A) of such Code, and
                          (ii) the taxpayer has elected the application 
                      of this section with respect to such contribution.
                    (B) Exception.--Such term shall not include a 
                contribution by a donor if the contribution is--
                          (i) to an organization described in section 
                      509(a)(3) of the Internal Revenue Code of 1986, or
                          (ii) for the establishment of a new, or 
                      maintenance of an existing, donor advised fund (as 
                      defined in section 4966(d)(2) of such Code).
                    (C) Application of election to partnerships and s 
                corporations.--In the case of a partnership or S 
                corporation, the election under subparagraph (A)(ii) 
                shall be made separately by each partner or shareholder.

    (b) Increase in Limits on Contributions of Food Inventory.--In the 
case <<NOTE: Applicability.>>  of any charitable contribution of food 
during 2020 to which section 170(e)(3)(C) of the Internal Revenue Code 
of 1986 applies, subclauses (I) and (II) of clause (ii) thereof shall 
each be applied by substituting ``25 percent'' for ``15 percent.''

    (c) Effective Date.--This section shall apply to taxable years 
ending after December 31, 2019.
SEC. 2206. EXCLUSION FOR CERTAIN EMPLOYER PAYMENTS OF STUDENT 
                          LOANS.

    (a) In General.--Paragraph (1) of section 127(c) of the Internal 
Revenue Code of 1986 is amended by striking ``and'' at the end of 
subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), 
and by inserting after subparagraph (A) the following new subparagraph:

[[Page 134 STAT. 347]]

                    ``(B) in the case of payments made before January 1, 
                2021, the payment by an employer, whether paid to the 
                employee or to a lender, of principal or interest on any 
                qualified education loan (as defined in section 
                221(d)(1)) incurred by the employee for education of the 
                employee, and''.

    (b) Conforming Amendment; Denial of Double Benefit.--The first 
sentence of paragraph (1) of section 221(e) of the Internal Revenue Code 
of 1986 <<NOTE: 26 USC 221.>>  is amended by inserting before the period 
the following: ``, or for which an exclusion is allowable under section 
127 to the taxpayer by reason of the payment by the taxpayer's employer 
of any indebtedness on a qualified education loan of the taxpayer''.

    (c) <<NOTE: 26 USC 127 note.>>  Effective Date.--The amendments made 
by this section shall apply to payments made after the date of the 
enactment of this Act.

                     Subtitle C--Business Provisions

SEC. 2301. <<NOTE: 26 USC 3111 note.>>  EMPLOYEE RETENTION CREDIT 
                          FOR EMPLOYERS SUBJECT TO CLOSURE DUE TO 
                          COVID-19.

    (a) In General.--In the case of an eligible employer, there shall be 
allowed as a credit against applicable employment taxes for each 
calendar quarter an amount equal to 50 percent of the qualified wages 
with respect to each employee of such employer for such calendar 
quarter.
    (b) Limitations and Refundability.--
            (1) Wages taken into account.--The amount of qualified wages 
        with respect to any employee which may be taken into account 
        under subsection (a) by the eligible employer for all calendar 
        quarters shall not exceed $10,000.
            (2) Credit limited to employment taxes.--The credit allowed 
        by subsection (a) with respect to any calendar quarter shall not 
        exceed the applicable employment taxes (reduced by any credits 
        allowed under subsections (e) and (f) of section 3111 of the 
        Internal Revenue Code of 1986 and sections 7001 and 7003 of the 
        Families First Coronavirus Response Act) on the wages paid with 
        respect to the employment of all the employees of the eligible 
        employer for such calendar quarter.
            (3) Refundability of excess credit.--
                    (A) In general.--If the amount of the credit under 
                subsection (a) exceeds the limitation of paragraph (2) 
                for any calendar quarter, such excess shall be treated 
                as an overpayment that shall be refunded under sections 
                6402(a) and 6413(b) of the Internal Revenue Code of 
                1986.
                    (B) Treatment of payments.--For purposes of section 
                1324 of title 31, United States Code, any amounts due to 
                the employer under this paragraph shall be treated in 
                the same manner as a refund due from a credit provision 
                referred to in subsection (b)(2) of such section.

    (c) Definitions.--For purposes of this section--
            (1) Applicable employment taxes.--The term ``applicable 
        employment taxes'' means the following:
                    (A) The taxes imposed under section 3111(a) of the 
                Internal Revenue Code of 1986.

[[Page 134 STAT. 348]]

                    (B) So much of the taxes imposed under section 
                3221(a) of such Code as are attributable to the rate in 
                effect under section 3111(a) of such Code.
            (2) Eligible employer.--
                    (A) In general.--The term ``eligible employer'' 
                means any employer--
                          (i) which was carrying on a trade or business 
                      during calendar year 2020, and
                          (ii) with respect to any calendar quarter, for 
                      which--
                                    (I) the operation of the trade or 
                                business described in clause (i) is 
                                fully or partially suspended during the 
                                calendar quarter due to orders from an 
                                appropriate governmental authority 
                                limiting commerce, travel, or group 
                                meetings (for commercial, social, 
                                religious, or other purposes) due to the 
                                coronavirus disease 2019 (COVID-19), or
                                    (II) such calendar quarter is within 
                                the period described in subparagraph 
                                (B).
                    (B) <<NOTE: Time period.>>  Significant decline in 
                gross receipts.--The period described in this 
                subparagraph is the period--
                          (i) beginning with the first calendar quarter 
                      beginning after December 31, 2019, for which gross 
                      receipts (within the meaning of section 448(c) of 
                      the Internal Revenue Code of 1986) for the 
                      calendar quarter are less than 50 percent of gross 
                      receipts for the same calendar quarter in the 
                      prior year, and
                          (ii) ending with the calendar quarter 
                      following the first calendar quarter beginning 
                      after a calendar quarter described in clause (i) 
                      for which gross receipts of such employer are 
                      greater than 80 percent of gross receipts for the 
                      same calendar quarter in the prior year.
                    (C) <<NOTE: Applicability.>>  Tax-exempt 
                organizations.--In the case of an organization which is 
                described in section 501(c) of the Internal Revenue Code 
                of 1986 and exempt from tax under section 501(a) of such 
                Code, clauses (i) and (ii)(I) of subparagraph (A) shall 
                apply to all operations of such organization.
            (3) Qualified wages.--
                    (A) In general.--The term ``qualified wages'' 
                means--
                          (i) in the case of an eligible employer for 
                      which the average number of full-time employees 
                      (within the meaning of section 4980H of the 
                      Internal Revenue Code of 1986) employed by such 
                      eligible employer during 2019 was greater than 
                      100, wages paid by such eligible employer with 
                      respect to which an employee is not providing 
                      services due to circumstances described in 
                      subclause (I) or (II) of paragraph (2)(A)(ii), or
                          (ii) in the case of an eligible employer for 
                      which the average number of full-time employees 
                      (within the meaning of section 4980H of the 
                      Internal Revenue Code of 1986) employed by such 
                      eligible employer during 2019 was not greater than 
                      100--
                                    (I) with respect to an eligible 
                                employer described in subclause (I) of 
                                paragraph (2)(A)(ii),

[[Page 134 STAT. 349]]

                                wages paid by such eligible employer 
                                with respect to an employee during any 
                                period described in such clause, or
                                    (II) with respect to an eligible 
                                employer described in subclause (II) of 
                                such paragraph, wages paid by such 
                                eligible employer with respect to an 
                                employee during such quarter.
                Such term shall not include any wages taken into account 
                under section 7001 or section 7003 of the Families First 
                Coronavirus Response Act.
                    (B) Limitation.--Qualified wages paid or incurred by 
                an eligible employer described in subparagraph (A)(i) 
                with respect to an employee for any period described in 
                such subparagraph may not exceed the amount such 
                employee would have been paid for working an equivalent 
                duration during the 30 days immediately preceding such 
                period.
                    (C) Allowance for certain health plan expenses.--
                          (i) In general.--The term ``qualified wages'' 
                      shall include so much of the eligible employer's 
                      qualified health plan expenses as are properly 
                      allocable to such wages.
                          (ii) Qualified health plan expenses.--For 
                      purposes of this paragraph, the term ``qualified 
                      health plan expenses'' means amounts paid or 
                      incurred by the eligible employer to provide and 
                      maintain a group health plan (as defined in 
                      section 5000(b)(1) of the Internal Revenue Code of 
                      1986), but only to the extent that such amounts 
                      are excluded from the gross income of employees by 
                      reason of section 106(a) of such Code.
                          (iii) Allocation rules.--For purposes of this 
                      paragraph, qualified health plan expenses shall be 
                      allocated to qualified wages in such manner as the 
                      Secretary may prescribe. Except as otherwise 
                      provided by the Secretary, such allocation shall 
                      be treated as properly made if made on the basis 
                      of being pro rata among employees and pro rata on 
                      the basis of periods of coverage (relative to the 
                      periods to which such wages relate).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury or the Secretary's delegate.
            (5) Wages.--The term ``wages'' means wages (as defined in 
        section 3121(a) of the Internal Revenue Code of 1986) and 
        compensation (as defined in section 3231(e) of such Code).
            (6) Other terms.--Any term used in this section which is 
        also used in chapter 21 or 22 of the Internal Revenue Code of 
        1986 shall have the same meaning as when used in such chapter.

    (d) Aggregation Rule.--All persons treated as a single employer 
under subsection (a) or (b) of section 52 of the Internal Revenue Code 
of 1986, or subsection (m) or (o) of section 414 of such Code, shall be 
treated as one employer for purposes of this section.
    (e) Certain Rules to Apply.--For purposes of this section, rules 
similar to the rules of sections 51(i)(1) and 280C(a) of the Internal 
Revenue Code of 1986 shall apply.
    (f) Certain Governmental Employers.--This credit shall not apply to 
the Government of the United States, the government

[[Page 134 STAT. 350]]

of any State or political subdivision thereof, or any agency or 
instrumentality of any of the foregoing.
    (g) Election Not to Have Section Apply.--This section shall not 
apply with respect to any eligible employer for any calendar quarter if 
such employer elects (at such time and in such manner as the Secretary 
may prescribe) not to have this section apply.
    (h) Special Rules.--
            (1) Employee not taken into account more than once.--An 
        employee shall not be included for purposes of this section for 
        any period with respect to any employer if such employer is 
        allowed a credit under section 51 of the Internal Revenue Code 
        of 1986 with respect to such employee for such period.
            (2) Denial of double benefit.--Any wages taken into account 
        in determining the credit allowed under this section shall not 
        be taken into account for purposes of determining the credit 
        allowed under section 45S of such Code.
            (3) Third party payors.--Any credit allowed under this 
        section shall be treated as a credit described in section 
        3511(d)(2) of such Code.

    (i) Transfers to Federal Old-Age and Survivors Insurance Trust 
Fund.--There are hereby appropriated to the Federal Old-Age and 
Survivors Insurance Trust Fund and the Federal Disability Insurance 
Trust Fund established under section 201 of the Social Security Act (42 
U.S.C. 401) and the Social Security Equivalent Benefit Account 
established under section 15A(a) of the Railroad Retirement Act of 1974 
(45 U.S.C. 14 231n-1(a)) amounts equal to the reduction in revenues to 
the Treasury by reason of this section (without regard to this 
subsection). Amounts appropriated by the preceding sentence shall be 
transferred from the general fund at such times and in such manner as to 
replicate to the extent possible the transfers which would have occurred 
to such Trust Fund or Account had this section not been enacted.
    (j) Rule for Employers Taking Small Business Interruption Loan.--If 
an eligible employer receives a covered loan under paragraph (36) of 
section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by 
section 1102 of this Act, such employer shall not be eligible for the 
credit under this section.
    (k) <<NOTE: Waiver authority. Determination.>>  Treatment of 
Deposits.--The Secretary shall waive any penalty under section 6656 of 
the Internal Revenue Code of 1986 for any failure to make a deposit of 
any applicable employment taxes if the Secretary determines that such 
failure was due to the reasonable anticipation of the credit allowed 
under this section.

    (l) Regulations and Guidance.--The Secretary shall issue such forms, 
instructions, regulations, and guidance as are necessary--
            (1) to allow the advance payment of the credit under 
        subsection (a), subject to the limitations provided in this 
        section, based on such information as the Secretary shall 
        require,
            (2) to provide for the reconciliation of such advance 
        payment with the amount advanced at the time of filing the 
        return of tax for the applicable calendar quarter or taxable 
        year,
            (3) to provide for the recapture of the credit under this 
        section if such credit is allowed to a taxpayer which receives a 
        loan described in subsection (j) during a subsequent quarter,
            (4) with respect to the application of the credit under 
        subsection (a) to third party payors (including professional

[[Page 134 STAT. 351]]

        employer organizations, certified professional employer 
        organizations, or agents under section 3504 of the Internal 
        Revenue Code of 1986), including regulations or guidance 
        allowing such payors to submit documentation necessary to 
        substantiate the eligible employer status of employers that use 
        such payors, and
            (5) for application of subparagraphs (A)(ii)(II) and (B) of 
        subsection (c)(2) in the case of any employer which was not 
        carrying on a trade or business for all or part of the same 
        calendar quarter in the prior year.

    (m) Application.--This section shall only apply to wages paid after 
March 12, 2020, and before January 1, 2021.
SEC. 2302. <<NOTE: 26 USC 3111 note.>>  DELAY OF PAYMENT OF 
                          EMPLOYER PAYROLL TAXES.

    (a) In General.--
            (1) Taxes.--Notwithstanding any other provision of law, the 
        payment for applicable employment taxes for the payroll tax 
        deferral period shall not be due before the applicable date.
            (2) Deposits.--Notwithstanding section 6302 of the Internal 
        Revenue Code of 1986, an employer shall be treated as having 
        timely made all deposits of applicable employment taxes that are 
        required to be made (without regard to this section) for such 
        taxes during the payroll tax deferral period if all such 
        deposits are made not later than the applicable date.
            (3) Exception.--This subsection shall not apply to any 
        taxpayer if such taxpayer has had indebtedness forgiven under 
        section 1106 of this Act with respect to a loan under paragraph 
        (36) of section 7(a) of the Small Business Act (15 U.S.C. 
        636(a)), as added by section 1102 of this Act, or indebtedness 
        forgiven under section 1109 of this Act.

    (b) SECA.--
            (1) In general.--Notwithstanding any other provision of law, 
        the payment for 50 percent of the taxes imposed under section 
        1401(a) of the Internal Revenue Code of 1986 for the payroll tax 
        deferral period shall not be due before the applicable date.
            (2) Estimated taxes.--For purposes of applying section 6654 
        of the Internal Revenue Code of 1986 to any taxable year which 
        includes any part of the payroll tax deferral period, 50 percent 
        of the taxes imposed under section 1401(a) of such Code for the 
        payroll tax deferral period shall not be treated as taxes to 
        which such section 6654 applies.

    (c) Liability of Third Parties.--
            (1) Acts to be performed by agents.--For purposes of section 
        3504 of the Internal Revenue Code of 1986, in the case of any 
        person designated pursuant to such section (and any regulations 
        or other guidance issued by the Secretary with respect to such 
        section) to perform acts otherwise required to be performed by 
        an employer under such Code, if such employer directs such 
        person to defer payment of any applicable employment taxes 
        during the payroll tax deferral period under this section, such 
        employer shall be solely liable for the payment of such 
        applicable employment taxes before the applicable date for any 
        wages paid by such person on behalf of such employer during such 
        period.

[[Page 134 STAT. 352]]

            (2) Certified professional employer organizations.--For 
        purposes of section 3511, in the case of a certified 
        professional employer organization (as defined in subsection (a) 
        of section 7705 of the Internal Revenue Code of 1986) that has 
        entered into a service contract described in subsection (e)(2) 
        of such section with a customer, if such customer directs such 
        organization to defer payment of any applicable employment taxes 
        during the payroll tax deferral period under this section, such 
        customer shall, notwithstanding subsections (a) and (c) of 
        section 3511, be solely liable for the payment of such 
        applicable employment taxes before the applicable date for any 
        wages paid by such organization to any work site employee 
        performing services for such customer during such period.

    (d) Definitions.--For purposes of this section--
            (1) Applicable employment taxes.--The term ``applicable 
        employment taxes'' means the following:
                    (A) The taxes imposed under section 3111(a) of the 
                Internal Revenue Code of 1986.
                    (B) So much of the taxes imposed under section 
                3211(a) of such Code as are attributable to the rate in 
                effect under section 3111(a) of such Code.
                    (C) So much of the taxes imposed under section 
                3221(a) of such Code as are attributable to the rate in 
                effect under section 3111(a) of such Code.
            (2) Payroll tax deferral period.--The term ``payroll tax 
        deferral period'' means the period beginning on the date of the 
        enactment of this Act and ending before January 1, 2021.
            (3) Applicable date.--The term ``applicable date'' means--
                    (A) December 31, 2021, with respect to 50 percent of 
                the amounts to which subsection (a) or (b), as the case 
                may be, apply, and
                    (B) December 31, 2022, with respect to the remaining 
                such amounts.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury (or the Secretary's delegate).

    (e) Trust Funds Held Harmless.--There are hereby appropriated (out 
of any money in the Treasury not otherwise appropriated) for each fiscal 
year to the Federal Old-Age and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund established under section 201 of 
the Social Security Act (42 U.S.C. 401) and the Social Security 
Equivalent Benefit Account established under section 15A(a) of the 
Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) an amount equal to 
the reduction in the transfers to such fund for such fiscal year by 
reason of this section. Amounts appropriated by the preceding sentence 
shall be transferred from the general fund at such times and in such 
manner as to replicate to the extent possible the transfers which would 
have occurred to such Trust Fund had such amendments not been enacted.
    (f) Regulatory Authority.--The Secretary shall issue such 
regulations or other guidance as necessary to carry out the purposes of 
this section, including rules for the administration and enforcement of 
subsection (c).
SEC. 2303. MODIFICATIONS FOR NET OPERATING LOSSES.

    (a) Temporary Repeal of Taxable Income Limitation.--

[[Page 134 STAT. 353]]

            (1) In general.--The first sentence of section 172(a) of the 
        Internal Revenue Code of 1986 <<NOTE: 26 USC 172.>>  is amended 
        by striking ``an amount equal to'' and all that follows and 
        inserting ``an amount equal to--
            ``(1) in the case of a taxable year beginning before January 
        1, 2021, the aggregate of the net operating loss carryovers to 
        such year, plus the net operating loss carrybacks to such year, 
        and
            ``(2) in the case of a taxable year beginning after December 
        31, 2020, the sum of--
                    ``(A) the aggregate amount of net operating losses 
                arising in taxable years beginning before January 1, 
                2018, carried to such taxable year, plus
                    ``(B) the lesser of--
                          ``(i) the aggregate amount of net operating 
                      losses arising in taxable years beginning after 
                      December 31, 2017, carried to such taxable year, 
                      or
                          ``(ii) 80 percent of the excess (if any) of--
                                    ``(I) taxable income computed 
                                without regard to the deductions under 
                                this section and sections 199A and 250, 
                                over
                                    ``(II) the amount determined under 
                                subparagraph (A).''.
            (2) Conforming amendments.--
                    (A) Section 172(b)(2)(C) of such Code is amended to 
                read as follows:
                    ``(C) for taxable years beginning after December 31, 
                2020, be reduced by 20 percent of the excess (if any) 
                described in subsection (a)(2)(B)(ii) for such taxable 
                year.''.
                    (B) Section 172(d)(6)(C) of such Code is amended by 
                striking ``subsection (a)(2)'' and inserting 
                ``subsection (a)(2)(B)(ii)(I)''.
                    (C) Section 860E(a)(3)(B) of such Code is amended by 
                striking all that follows ``for purposes of'' and 
                inserting ``subsection (a)(2)(B)(ii)(I) and the second 
                sentence of subsection (b)(2) of section 172.''.

    (b) Modifications of Rules Relating to Carrybacks.--
            (1) In general.--Section 172(b)(1) of the Internal Revenue 
        Code of 1986 is amended by adding at the end the following new 
        subparagraph:
                    ``(D) Special rule for losses arising in 2018, 2019, 
                and 2020.--
                          ``(i) In general.--In the case of any net 
                      operating loss arising in a taxable year beginning 
                      after December 31, 2017, and before January 1, 
                      2021--
                                    ``(I) such loss shall be a net 
                                operating loss carryback to each of the 
                                5 taxable years preceding the taxable 
                                year of such loss, and
                                    ``(II) subparagraphs (B) and (C)(i) 
                                shall not apply.
                          ``(ii) Special rules for reits.--For purposes 
                      of this subparagraph--
                                    ``(I) In general.--A net operating 
                                loss for a REIT year shall not be a net 
                                operating loss carryback to any taxable 
                                year preceding the taxable year of such 
                                loss.

[[Page 134 STAT. 354]]

                                    ``(II) Special rule.--In the case of 
                                any net operating loss for a taxable 
                                year which is not a REIT year, such loss 
                                shall not be carried to any preceding 
                                taxable year which is a REIT year.
                                    ``(III) REIT year.--For purposes of 
                                this subparagraph, the term `REIT year' 
                                means any taxable year for which the 
                                provisions of part II of subchapter M 
                                (relating to real estate investment 
                                trusts) apply to the taxpayer.
                          ``(iii) Special rule for life insurance 
                      companies.-- In the case of a life insurance 
                      company, if a net operating loss is carried 
                      pursuant to clause (i)(I) to a life insurance 
                      company taxable year beginning before January 1, 
                      2018, such net operating loss carryback shall be 
                      treated in the same manner as an operations loss 
                      carryback (within the meaning of section 810 as in 
                      effect before its repeal) of such company to such 
                      taxable year.
                          ``(iv) Rule relating to carrybacks to years to 
                      which section 965 applies.--If a net operating 
                      loss of a taxpayer is carried pursuant to clause 
                      (i)(I) to any taxable year in which an amount is 
                      includible in gross income by reason of section 
                      965(a), the taxpayer shall be treated as having 
                      made the election under section 965(n) with 
                      respect to each such taxable year.
                          ``(v) Special rules for elections under 
                      paragraph (3).--
                                    ``(I) Special election to exclude 
                                section 965 years.-- <<NOTE: Time 
                                period.>>  If the 5-year carryback 
                                period under clause (i)(I) with respect 
                                to any net operating loss of a taxpayer 
                                includes 1 or more taxable years in 
                                which an amount is includible in gross 
                                income by reason of section 965(a), the 
                                taxpayer may, in lieu of the election 
                                otherwise available under paragraph (3), 
                                elect under such paragraph to exclude 
                                all such taxable years from such 
                                carryback period.
                                    ``(II) Time of elections.--An 
                                election under paragraph (3) (including 
                                an election described in subclause (I)) 
                                with respect to a net operating loss 
                                arising in a taxable year beginning in 
                                2018 or 2019 shall be made by the due 
                                date (including extensions of time) for 
                                filing the taxpayer's return for the 
                                first taxable year ending after the date 
                                of the enactment of this 
                                subparagraph.''.
            (2) Conforming amendment.--Section 172(b)(1)(A) of such 
        Code, as amended by subsection (c)(2), is amended by striking 
        ``and (C)(i)'' and inserting ``, (C)(i), and (D)''.

    (c) Technical Amendment Relating to Section 13302 of Public Law 115-
97.--
            (1) <<NOTE: 26 USC 172 note.>>  Section 13302(e) of Public 
        Law 115-97 is amended to read as follows:

    ``(e) <<NOTE: Applicability.>> Effective Dates.--
            ``(1) Net operating loss limitation.--The amendments made by 
        subsections (a) and (d)(2) shall apply to--

[[Page 134 STAT. 355]]

                    ``(A) taxable years beginning after December 31, 
                2017, and
                    ``(B) taxable years beginning on or before such date 
                to which net operating losses arising in taxable years 
                beginning after such date are carried.
            ``(2) Carryovers and carrybacks.--The amendments made by 
        subsections (b), (c), and (d)(1) shall apply to net operating 
        losses arising in taxable years beginning after December 31, 
        2017.''.
            (2) Section 172(b)(1)(A) of the Internal Revenue Code of 
        1986 is amended <<NOTE: 26 USC 172.>>  to read as follows:
                    ``(A) General rule.--A net operating loss for any 
                taxable year--
                          ``(i) shall be a net operating loss carryback 
                      to the extent provided in subparagraphs (B) and 
                      (C)(i), and
                          ``(ii) except as provided in subparagraph 
                      (C)(ii), shall be a net operating loss carryover--
                                    ``(I) in the case of a net operating 
                                loss arising in a taxable year beginning 
                                before January 1, 2018, to each of the 
                                20 taxable years following the taxable 
                                year of the loss, and
                                    ``(II) in the case of a net 
                                operating loss arising in a taxable year 
                                beginning after December 31, 2017, to 
                                each taxable year following the taxable 
                                year of the loss.''.

    (d) <<NOTE: Applicability. 26 USC 172 note.>>  Effective Dates.--
            (1) Net operating loss limitation.--The amendments made by 
        subsection (a) shall apply--
                    (A) to taxable years beginning after December 31, 
                2017, and
                    (B) to taxable years beginning on or before December 
                31, 2017, to which net operating losses arising in 
                taxable years beginning after December 31, 2017, are 
                carried.
            (2) Carryovers and carrybacks.--The amendment made by 
        subsection (b) shall apply to--
                    (A) net operating losses arising in taxable years 
                beginning after December 31, 2017, and
                    (B) taxable years beginning before, on, or after 
                such date to which such net operating losses are 
                carried.
            (3) Technical amendments.--The amendments made by subsection 
        (c) shall take effect as if included in the provisions of Public 
        Law 115-97 to which they relate.
            (4) <<NOTE: Time period. Deadline.>>  Special rule.--In the 
        case of a net operating loss arising in a taxable year beginning 
        before January 1, 2018, and ending after December 31, 2017--
                    (A) an application under section 6411(a) of the 
                Internal Revenue Code of 1986 with respect to the 
                carryback of such net operating loss shall not fail to 
                be treated as timely filed if filed not later than the 
                date which is 120 days after the date of the enactment 
                of this Act, and
                    (B) an election to--
                          (i) forgo any carryback of such net operating 
                      loss,
                          (ii) reduce any period to which such net 
                      operating loss may be carried back, or
                          (iii) revoke any election made under section 
                      172(b) to forgo any carryback of such net 
                      operating loss,

[[Page 134 STAT. 356]]

                shall not fail to be treated as timely made if made not 
                later than the date which is 120 days after the date of 
                the enactment of this Act.
SEC. 2304. MODIFICATION OF LIMITATION ON LOSSES FOR TAXPAYERS 
                          OTHER THAN CORPORATIONS.

    (a) In General.--Section 461(l)(1) of the Internal Revenue Code of 
1986 <<NOTE: 26 USC 461.>>  is amended to read as follows:
            ``(1) <<NOTE: Time periods.>>  Limitation.--In the case of a 
        taxpayer other than a corporation--
                    ``(A) for any taxable year beginning after December 
                31, 2017, and before January 1, 2026, subsection (j) 
                (relating to limitation on excess farm losses of certain 
                taxpayers) shall not apply, and
                    ``(B) for any taxable year beginning after December 
                31, 2020, and before January 1, 2026, any excess 
                business loss of the taxpayer for the taxable year shall 
                not be allowed.''.

    (b) Technical Amendments Relating to Section 11012 of Public Law 
115-97.--
            (1) Section 461(l)(2) of the Internal Revenue Code of 1986 
        is amended by striking ``a net operating loss carryover to the 
        following taxable year under section 172'' and inserting ``a net 
        operating loss for the taxable year for purposes of determining 
        any net operating loss carryover under section 172(b) for 
        subsequent taxable years''.
            (2) Section 461(l)(3)(A) of such Code is amended--
                    (A) in clause (i), by inserting ``and without regard 
                to any deduction allowable under section 172 or 199A'' 
                after ``under paragraph (1)'', and
                    (B) by adding at the end the following flush 
                sentence:
        ``Such excess shall be determined without regard to any 
        deductions, gross income, or gains attributable to any trade or 
        business of performing services as an employee.''.
            (3) Section 461(l)(3) of such Code is amended by 
        redesignating subparagraph (B) as subparagraph (C) and by 
        inserting after subparagraph (A) the following new subparagraph:
                    ``(B) Treatment of capital gains and losses.--
                          ``(i) Losses.--Deductions for losses from 
                      sales or exchanges of capital assets shall not be 
                      taken into account under subparagraph (A)(i).
                          ``(ii) Gains.--The amount of gains from sales 
                      or exchanges of capital assets taken into account 
                      under subparagraph (A)(ii) shall not exceed the 
                      lesser of--
                                    ``(I) the capital gain net income 
                                determined by taking into account only 
                                gains and losses attributable to a trade 
                                or business, or
                                    ``(II) the capital gain net 
                                income.''.

    (c) <<NOTE: 26 USC 461 note.>>  Effective Dates.--
            (1) In general.--The amendments made by subsection (a) shall 
        apply to taxable years beginning after December 31, 2017.
            (2) Technical amendments.--The amendments made by subsection 
        (b) shall take effect as if included in the provisions of Public 
        Law 115-97 to which they relate.

[[Page 134 STAT. 357]]

SEC. 2305. MODIFICATION OF CREDIT FOR PRIOR YEAR MINIMUM TAX 
                          LIABILITY OF CORPORATIONS.

    (a) In General.--Section 53(e) of the Internal Revenue Code of 
1986 <<NOTE: 26 USC 53.>>  is amended--
            (1) by striking ``2018, 2019, 2020, or 2021'' in paragraph 
        (1) and inserting ``2018 or 2019'', and
            (2) by striking ``2021'' in paragraph (2) and inserting 
        ``2019''.

    (b) Election to Take Entire Refundable Credit Amount in 2018.--
            (1) In general.--Section 53(e) of such Code is amended by 
        adding at the end the following new paragraph:
            ``(5) Special rule.--In the case of a corporation making an 
        election under this paragraph--
                    ``(A) paragraph (1) shall not apply, and
                    ``(B) subsection (c) shall not apply to the first 
                taxable year of such corporation beginning in 2018.''.

    (c) <<NOTE: 26 USC 53 note.>>  Effective Date.--The amendments made 
by this section shall apply to taxable years beginning after December 
31, 2017.

    (d) <<NOTE: 26 USC 53 note.>>  Special Rule.--
            (1) In general.--For purposes of the Internal Revenue Code 
        of 1986, a credit or refund for which an application described 
        in paragraph (2)(A) is filed shall be treated as made under 
        section 6411 of such Code.
            (2) Tentative refund.--
                    (A) Application.--A taxpayer may file an application 
                for a tentative refund of any amount for which a refund 
                is due by reason of an election under section 53(e)(5) 
                of the Internal Revenue Code of 1986. Such application 
                shall be in such manner and form as the Secretary of the 
                Treasury (or the Secretary's delegate) may prescribe and 
                shall--
                          (i) be verified in the same manner as an 
                      application under section 6411(a) of such Code,
                          (ii) <<NOTE: Deadline.>>  be filed prior to 
                      December 31, 2020, and
                          (iii) set forth--
                                    (I) the amount of the refundable 
                                credit claimed under section 53(e) of 
                                such Code for such taxable year,
                                    (II) the amount of the refundable 
                                credit claimed under such section for 
                                any previously filed return for such 
                                taxable year, and
                                    (III) the amount of the refund 
                                claimed.
                    (B) <<NOTE: Time period.>>  Allowance of 
                adjustments.--Within a period of 90 days from the date 
                on which an application is filed under subparagraph (A), 
                the Secretary of the Treasury (or the Secretary's 
                delegate) shall--
                          (i) <<NOTE: Review.>>  review the application,
                          (ii) <<NOTE: Determination.>>  determine the 
                      amount of the overpayment, and
                          (iii) apply, credit, or refund such 
                      overpayment,
                in a manner similar to the manner provided in section 
                6411(b) of the Internal Revenue Code of 1986.
                    (C) <<NOTE: Applicability.>>  Consolidated 
                returns.--The provisions of section 6411(c) of the 
                Internal Revenue Code of 1986 Code shall apply to an 
                adjustment under this paragraph to the same extent and 
                manner as the Secretary of the Treasury (or the 
                Secretary's delegate) may provide.

[[Page 134 STAT. 358]]

SEC. 2306. MODIFICATIONS OF LIMITATION ON BUSINESS INTEREST.

    (a) In General.--Section 163(j) of the Internal Revenue Code of 
1986 <<NOTE: 26 USC 163.>>  is amended by redesignating paragraph (10) 
as paragraph (11) and by inserting after paragraph (9) the following new 
paragraph:
            ``(10) Special rule for taxable years beginning in 2019 and 
        2020.--
                    ``(A) In general.--
                          ``(i) <<NOTE: Applicability.>>  In general.--
                      Except as provided in clause (ii) or (iii), in the 
                      case of any taxable year beginning in 2019 or 
                      2020, paragraph (1)(B) shall be applied by 
                      substituting `50 percent' for `30 percent'.
                          ``(ii) Special rule for partnerships.--In the 
                      case of a partnership--
                                    ``(I) clause (i) shall not apply to 
                                any taxable year beginning in 2019, but
                                    ``(II) unless a partner elects not 
                                to have this subclause apply, in the 
                                case of any excess business interest of 
                                the partnership for any taxable year 
                                beginning in 2019 which is allocated to 
                                the partner under paragraph 
                                (4)(B)(i)(II)--
                                            ``(aa) 50 percent of such 
                                        excess business interest shall 
                                        be treated as business interest 
                                        which, notwithstanding paragraph 
                                        (4)(B)(ii), is paid or accrued 
                                        by the partner in the partner's 
                                        first taxable year beginning in 
                                        2020 and which is not subject to 
                                        the limits of paragraph (1), and
                                            ``(bb) 50 percent of such 
                                        excess business interest shall 
                                        be subject to the limitations of 
                                        paragraph (4)(B)(ii) in the same 
                                        manner as any other excess 
                                        business interest so allocated.
                          ``(iii) Election out.--A taxpayer may elect, 
                      at such time and in such manner as the Secretary 
                      may prescribe, not to have clause (i) apply to any 
                      taxable year. Such an election, once made, may be 
                      revoked only with the consent of the Secretary. In 
                      the case of a partnership, any such election shall 
                      be made by the partnership and may be made only 
                      for taxable years beginning in 2020.
                    ``(B) Election to use 2019 adjusted taxable income 
                for taxable years beginning in 2020.--
                          ``(i) In general.--Subject to clause (ii), in 
                      the case of any taxable year beginning in 2020, 
                      the taxpayer may elect to apply this subsection by 
                      substituting the adjusted taxable income of the 
                      taxpayer for the last taxable year beginning in 
                      2019 for the adjusted taxable income for such 
                      taxable year. In the case of a partnership, any 
                      such election shall be made by the partnership.
                          ``(ii) Special rule for short taxable years.--
                      If an election is made under clause (i) for a 
                      taxable year which is a short taxable year, the 
                      adjusted taxable income for the taxpayer's last 
                      taxable year beginning in 2019 which is 
                      substituted under clause (i) shall be equal to the 
                      amount which bears the same ratio to such adjusted 
                      taxable income determined without

[[Page 134 STAT. 359]]

                      regard to this clause as the number of months in 
                      the short taxable year bears to 12''.

    (b) <<NOTE: 26 USC 163.>>  Effective Date.--The amendments made by 
this section shall apply to taxable years beginning after December 31, 
2018.
SEC. 2307. TECHNICAL AMENDMENTS REGARDING QUALIFIED IMPROVEMENT 
                          PROPERTY.

    (a) In General.--Section 168 of the Internal Revenue Code of 
1986 <<NOTE: 26 USC 168.>>  is amended--
            (1) in subsection (e)--
                    (A) in paragraph (3)(E), by striking ``and'' at the 
                end of clause (v), by striking the period at the end of 
                clause (vi) and inserting ``, and'', and by adding at 
                the end the following new clause:
                          ``(vii) any qualified improvement property.'', 
                      and
                    (B) in paragraph (6)(A), by inserting ``made by the 
                taxpayer'' after ``any improvement'', and
            (2) in the table contained in subsection (g)(3)(B)--
                    (A) by striking the item relating to subparagraph 
                (D)(v), and
                    (B) by inserting after the item relating to 
                subparagraph (E)(vi) the following new item:
        ``(E)(vii)..............................................   20''.

    (b) <<NOTE: 26 USC 168 note.>>  Effective Date.--The amendments made 
by this section shall take effect as if included in section 13204 of 
Public Law 115-97.
SEC. 2308. TEMPORARY EXCEPTION FROM EXCISE TAX FOR ALCOHOL USED TO 
                          PRODUCE HAND SANITIZER.

    (a) In General.--Section 5214(a) of the Internal Revenue Code of 
1986 is amended--
            (1) in paragraph (13), by striking the period at the end and 
        inserting ``; or'', and
            (2) <<NOTE: Time period.>>  by adding at the end the 
        following new paragraph:
            ``(14) with respect to distilled spirits removed after 
        December 31, 2019, and before January 1, 2021, free of tax for 
        use in or contained in hand sanitizer produced and distributed 
        in a manner consistent with any guidance issued by the Food and 
        Drug Administration that is related to the outbreak of virus 
        SARS-CoV-2 or coronavirus disease 2019 (COVID-19).''.

    (b) <<NOTE: 26 USC 5214 note.>>  Effective Date.--The amendments 
made by this section shall apply to distilled spirits removed after 
December 31, 2019.

    (c) <<NOTE: 26 USC 5214 note.>>  Application of Other Laws.--Any 
distilled spirits or product described in paragraph (14) of section 
5214(a) of the Internal Revenue Code of 1986 (as added by this section) 
shall not be subject to any requirements related to labeling or bulk 
sales under--
            (1) section 105 or 106 of the Federal Alcohol Administration 
        Act (27 U.S.C. 205, 206); or
            (2) section 204 of the Alcoholic Beverage Labeling Act of 
        1988 (27 U.S.C. 215).

[[Page 134 STAT. 360]]

TITLE III--SUPPORTING AMERICA'S HEALTH CARE SYSTEM IN THE FIGHT AGAINST 
                             THE CORONAVIRUS

  Subtitle A-- <<NOTE: Coronavirus Aid, Relief, and Economic Security 
Act. 42 USC 201 note.>> Health Provisions
SEC. 3001. SHORT TITLE.

    This subtitle may be cited as the ``Coronavirus Aid, Relief, and 
Economic Security Act''.

                   PART I--ADDRESSING SUPPLY SHORTAGES

                   Subpart A--Medical Product Supplies

SEC. 3101. NATIONAL ACADEMIES REPORT ON AMERICA'S MEDICAL PRODUCT 
                          SUPPLY CHAIN SECURITY.

    (a) <<NOTE: Contracts.>>  In General.--Not later than 60 days after 
the date of enactment of this Act, the Secretary of Health and Human 
Services shall enter into an agreement with the National Academies of 
Sciences, Engineering, and Medicine (referred to in this section as the 
``National Academies'') to examine, and, in a manner that does not 
compromise national security, report on, the security of the United 
States medical product supply chain.

    (b) Purposes.--The report developed under this section shall--
            (1) <<NOTE: Assessment. Evaluation.>>  assess and evaluate 
        the dependence of the United States, including the private 
        commercial sector, States, and the Federal Government, on 
        critical drugs and devices that are sourced or manufactured 
        outside of the United States, which may include an analysis of--
                    (A) the supply chain of critical drugs and devices 
                of greatest priority to providing health care;
                    (B) any potential public health security or national 
                security risks associated with reliance on critical 
                drugs and devices sourced or manufactured outside of the 
                United States, which may include responses to previous 
                or existing shortages or public health emergencies, such 
                as infectious disease outbreaks, bioterror attacks, and 
                other public health threats;
                    (C) any existing supply chain information gaps, as 
                applicable; and
                    (D) potential economic impact of increased domestic 
                manufacturing; and
            (2) <<NOTE: Recommenda- tions.>>  provide recommendations, 
        which may include a plan to improve the resiliency of the supply 
        chain for critical drugs and devices as described in paragraph 
        (1), and to address any supply vulnerabilities or potential 
        disruptions of such products that would significantly affect or 
        pose a threat to public health security or national security, as 
        appropriate, which may include strategies to--
                    (A) promote supply chain redundancy and contingency 
                planning;
                    (B) encourage domestic manufacturing, including 
                consideration of economic impacts, if any;
                    (C) improve supply chain information gaps;

[[Page 134 STAT. 361]]

                    (D) improve planning considerations for medical 
                product supply chain capacity during public health 
                emergencies; and
                    (E) promote the accessibility of such drugs and 
                devices.

    (c) Input.--In conducting the study and developing the report under 
subsection (b), the National Academies shall--
            (1) consider input from the Department of Health and Human 
        Services, the Department of Homeland Security, the Department of 
        Defense, the Department of Commerce, the Department of State, 
        the Department of Veterans Affairs, the Department of Justice, 
        and any other Federal agencies as appropriate; and
            (2) <<NOTE: Consultation.>>  consult with relevant 
        stakeholders, which may include conducting public meetings and 
        other forms of engagement, as appropriate, with health care 
        providers, medical professional societies, State-based 
        societies, public health experts, State and local public health 
        departments, State medical boards, patient groups, medical 
        product manufacturers, health care distributors, wholesalers and 
        group purchasing organizations, pharmacists, and other entities 
        with experience in health care and public health, as 
        appropriate.

    (d) Definitions.--In this section, the terms ``device'' and ``drug'' 
have the meanings given such terms in section 201 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 321).
SEC. 3102. REQUIRING THE STRATEGIC NATIONAL STOCKPILE TO INCLUDE 
                          CERTAIN TYPES OF MEDICAL SUPPLIES.

    Section 319F-2(a)(1) of the Public Health Service Act (42 U.S.C. 
247d-6b(a)(1)) is amended by inserting ``(including personal protective 
equipment, ancillary medical supplies, and other applicable supplies 
required for the administration of drugs, vaccines and other biological 
products, medical devices, and diagnostic tests in the stockpile)'' 
after ``other supplies''.
SEC. 3103. TREATMENT OF RESPIRATORY PROTECTIVE DEVICES AS COVERED 
                          COUNTERMEASURES.

    Section 319F-3(i)(1)(D) of the Public Health Service Act (42 U.S.C. 
247d-6d(i)(1)(D)) is amended to read as follows:
                    ``(D) <<NOTE: Determination.>>  a respiratory 
                protective device that is approved by the National 
                Institute for Occupational Safety and Health under part 
                84 of title 42, Code of Federal Regulations (or any 
                successor regulations), and that the Secretary 
                determines to be a priority for use during a public 
                health emergency declared under section 319.''.

             Subpart B--Mitigating Emergency Drug Shortages

SEC. 3111. PRIORITIZE REVIEWS OF DRUG APPLICATIONS; INCENTIVES.

    Section 506C(g) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 356c(g)) is amended--
            (1) in paragraph (1), by striking ``the Secretary may'' and 
        inserting ``the Secretary shall, as appropriate'';
            (2) in paragraph (1), by inserting ``prioritize and'' before 
        ``expedite the review''; and
            (3) in paragraph (2), by inserting ``prioritize and'' before 
        ``expedite an inspection''.

[[Page 134 STAT. 362]]

SEC. 3112. ADDITIONAL MANUFACTURER REPORTING REQUIREMENTS IN 
                          RESPONSE TO DRUG SHORTAGES.

    (a) Expansion To Include Active Pharmaceutical Ingredients.--
Subsection (a) of section 506C of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 356c) is amended--
            (1) in paragraph (1)(C), by inserting ``or any such drug 
        that is critical to the public health during a public health 
        emergency declared by the Secretary under section 319 of the 
        Public Health Service Act'' after ``during surgery''; and
            (2) in the flush text at the end--
                    (A) by inserting ``, or a permanent discontinuance 
                in the manufacture of an active pharmaceutical 
                ingredient or an interruption in the manufacture of the 
                active pharmaceutical ingredient of such drug that is 
                likely to lead to a meaningful disruption in the supply 
                of the active pharmaceutical ingredient of such drug,'' 
                before ``and the reasons''; and
                    (B) by adding at the end the following: 
                ``Notification under this subsection shall include 
                disclosure of reasons for the discontinuation or 
                interruption, and if applicable, an active 
                pharmaceutical ingredient is a reason for, or risk 
                factor in, such discontinuation or interruption, the 
                source of the active pharmaceutical ingredient and any 
                alternative sources for the active pharmaceutical 
                ingredient known by the manufacturer; whether any 
                associated device used for preparation or administration 
                included in the drug is a reason for, or a risk factor 
                in, such discontinuation or interruption; the expected 
                duration of the interruption; and such other information 
                as the Secretary may require.''.

    (b) Risk Management.--Section 506C of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 356c) is amended by adding at the end the 
following:
    ``(j) Risk Management Plans.--Each manufacturer of a drug described 
in subsection (a) or of any active pharmaceutical ingredient or any 
associated medical device used for preparation or administration 
included in the drug, shall develop, maintain, and implement, as 
appropriate, a redundancy risk management plan that identifies and 
evaluates risks to the supply of the drug, as applicable, for each 
establishment in which such drug or active pharmaceutical ingredient of 
such drug is manufactured. <<NOTE: Inspection.>>  A risk management plan 
under this section shall be subject to inspection and copying by the 
Secretary pursuant to an inspection or a request under section 
704(a)(4).''.

    (c) Annual Notification.--Section 506E of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 356e) is amended by adding at the end the 
following:
    ``(d) Interagency Notification.--Not later than 180 days after the 
date of enactment of this subsection, and every 90 days thereafter, the 
Secretary shall transmit a report regarding the drugs of the current 
drug shortage list under this section to the Administrator of the 
Centers for Medicare & Medicaid Services.''.
    (d) Reporting After Inspections.--Section 704(b) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 374(b)) is amended--
            (1) by redesignating paragraphs (1) and (2) and 
        subparagraphs (A) and (B);
            (2) by striking ``(b) Upon completion'' and inserting 
        ``(b)(1) Upon completion''; and

[[Page 134 STAT. 363]]

            (3) by adding at the end the following:

    ``(2) <<NOTE: Records.>>  In carrying out this subsection with 
respect to any establishment manufacturing a drug approved under 
subsection (c) or (j) of section 505 for which a notification has been 
submitted in accordance with section 506C is, or has been in the last 5 
years, listed on the drug shortage list under section 506E, or that is 
described in section 505(j)(11)(A), a copy of the report shall be sent 
promptly to the appropriate offices of the Food and Drug Administration 
with expertise regarding drug shortages.''.

    (e) Reporting Requirement.--Section 510(j) of the Federal Food, 
Drug, Cosmetic Act (21 U.S.C. 360(j)) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3)(A) Each person who registers with the Secretary under 
        this section with regard to a drug shall report annually to the 
        Secretary on the amount of each drug listed under paragraph (1) 
        that was manufactured, prepared, propagated, compounded, or 
        processed by such person for commercial distribution. Such 
        information may be required to be submitted in an electronic 
        format as determined by the Secretary. The Secretary may require 
        that information required to be reported under this paragraph be 
        submitted at the time a public health emergency is declared by 
        the Secretary under section 319 of the Public Health Service 
        Act.
            ``(B) <<NOTE: Determination.>>  By order of the Secretary, 
        certain biological products or categories of biological products 
        regulated under section 351 of the Public Health Service Act may 
        be exempt from some or all of the reporting requirements under 
        subparagraph (A), if the Secretary determines that applying such 
        reporting requirements to such biological products or categories 
        of biological products is not necessary to protect the public 
        health.''.

    (f) <<NOTE: 21 USC 356c note.>>  Confidentiality.--Nothing in the 
amendments made by this section shall be construed as authorizing the 
Secretary to disclose any information that is a trade secret or 
confidential information subject to section 552(b)(4) of title 5, United 
States Code, or section 1905 of title 18, United States Code.

    (g) <<NOTE: 21 USC 356c note.>>  Effective Date.--The amendments 
made by this section and section 3111 shall take effect on the date that 
is 180 days after the date of enactment of this Act.

             Subpart C--Preventing Medical Device Shortages

SEC. 3121. DISCONTINUANCE OR INTERRUPTION IN THE PRODUCTION OF 
                          MEDICAL DEVICES.

    Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 
et seq.) is amended by inserting after section 506I the following:
``SEC. 506J. <<NOTE: 21 USC 356j.>>  DISCONTINUANCE OR 
                          INTERRUPTION IN THE PRODUCTION OF 
                          MEDICAL DEVICES.

    ``(a) In General.--A manufacturer of a device that--
            ``(1) is critical to public health during a public health 
        emergency, including devices that are life-supporting, life-
        sustaining, or intended for use in emergency medical care or 
        during surgery; or

[[Page 134 STAT. 364]]

            ``(2) <<NOTE: Determination. Notification.>>  for which the 
        Secretary determines that information on potential meaningful 
        supply disruptions of such device is needed during, or in 
        advance of, a public health emergency;

shall, during, or in advance of, a public health emergency declared by 
the Secretary under section 319 of the Public Health Service Act, notify 
the Secretary, in accordance with subsection (b), of a permanent 
discontinuance in the manufacture of the device (except for 
discontinuances as a result of an approved modification of the device) 
or an interruption of the manufacture of the device that is likely to 
lead to a meaningful disruption in the supply of that device in the 
United States, and the reasons for such discontinuance or interruption.
    ``(b) Timing.--A notice required under subsection (a) shall be 
submitted to the Secretary--
            ``(1) at least 6 months prior to the date of the 
        discontinuance or interruption; or
            ``(2) if compliance with paragraph (1) is not possible, as 
        soon as practicable.

    ``(c) <<NOTE: Determination.>>  Distribution.--
            ``(1) Public availability.--To the maximum extent 
        practicable, subject to paragraph (2), the Secretary shall 
        distribute, through such means as the Secretary determines 
        appropriate, information on the discontinuance or interruption 
        of the manufacture of devices reported under subsection (a) to 
        appropriate organizations, including physician, health provider, 
        patient organizations, and supply chain partners, as appropriate 
        and applicable, as described in subsection (g).
            ``(2) Public health exception.--The Secretary may choose not 
        to make information collected under this section publicly 
        available pursuant to this section if the Secretary determines 
        that disclosure of such information would adversely affect the 
        public health, such as by increasing the possibility of 
        unnecessary over purchase of product, component parts, or other 
        disruption of the availability of medical products to patients.

    ``(d) Confidentiality.--Nothing in this section shall be construed 
as authorizing the Secretary to disclose any information that is a trade 
secret or confidential information subject to section 552(b)(4) of title 
5, United States Code, or section 1905 of title 18, United States Code.
    ``(e) <<NOTE: Deadlines.>>  Failure To Meet Requirements.--If a 
person fails to submit information required under subsection (a) in 
accordance with subsection (b)--
            ``(1) <<NOTE: Notification.>>  the Secretary shall issue a 
        letter to such person informing such person of such failure;
            ``(2) not later than 30 calendar days after the issuance of 
        a letter under paragraph (1), the person who receives such 
        letter shall submit to the Secretary a written response to such 
        letter setting forth the basis for noncompliance and providing 
        information required under subsection (a); and
            ``(3) <<NOTE: Public information. Web 
        posting. Determination.>>  not later than 45 calendar days after 
        the issuance of a letter under paragraph (1), the Secretary 
        shall make such letter and any response to such letter under 
        paragraph (2) available to the public on the internet website of 
        the Food and Drug Administration, with appropriate redactions 
        made to protect information described in subsection (d), except 
        that, if the Secretary determines that the letter under 
        paragraph (1) was issued in error or, after review of such 
        response, the

[[Page 134 STAT. 365]]

        person had a reasonable basis for not notifying as required 
        under subsection (a), the requirements of this paragraph shall 
        not apply.

    ``(f) Expedited Inspections and Reviews.--If, based on notifications 
described in subsection (a) or any other relevant information, the 
Secretary concludes that there is, or is likely to be, a shortage of an 
device, the Secretary shall, as appropriate--
            ``(1) prioritize and expedite the review of a submission 
        under section 513(f)(2), 515, review of a notification under 
        section 510(k), or 520(m) for a device that could help mitigate 
        or prevent such shortage; or
            ``(2) prioritize and expedite an inspection or reinspection 
        of an establishment that could help mitigate or prevent such 
        shortage.

    ``(g) Device Shortage List.--
            ``(1) <<NOTE: Determination.>>  Establishment.--The 
        Secretary shall establish and maintain an up-to-date list of 
        devices that are determined by the Secretary to be in shortage 
        in the United States.
            ``(2) Contents.--For each device included on the list under 
        paragraph (1), the Secretary shall include the following 
        information:
                    ``(A) The category or name of the device in 
                shortage.
                    ``(B) The name of each manufacturer of such device.
                    ``(C) The reason for the shortage, as determined by 
                the Secretary, selecting from the following categories:
                          ``(i) Requirements related to complying with 
                      good manufacturing practices.
                          ``(ii) Regulatory delay.
                          ``(iii) Shortage or discontinuance of a 
                      component or part.
                          ``(iv) Discontinuance of the manufacture of 
                      the device.
                          ``(v) Delay in shipping of the device.
                          ``(vi) Delay in sterilization of the device.
                          ``(vii) Demand increase for the device.
                          ``(viii) Facility closure.
                    ``(D) <<NOTE: Estimate. Determination.>>  The 
                estimated duration of the shortage as determined by the 
                Secretary.
            ``(3) Public availability.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Secretary shall make the information in the 
                list under paragraph (1) publicly available.
                    ``(B) Trade secrets and confidential information.--
                Nothing in this subsection shall be construed to alter 
                or amend section 1905 of title 18, United States Code, 
                or section 552(b)(4) of title 5 of such Code.
                    ``(C) <<NOTE: Determination.>>  Public health 
                exception.--The Secretary may elect not to make 
                information collected under this subsection publicly 
                available if the Secretary determines that disclosure of 
                such information would adversely affect the public 
                health (such as by increasing the possibility of 
                hoarding or other disruption of the availability of the 
                device to patients).

    ``(h) Rule of Construction.--Nothing in this section shall be 
construed to affect the authority of the Secretary on the date of 
enactment of this section to expedite the review of devices under 
section 515 of the Federal Food, Drug, and Cosmetic Act, section

[[Page 134 STAT. 366]]

515B of such Act relating to the priority review program for devices, 
and section 564 of such Act relating to the emergency use authorization 
authorities.
    ``(i) Definitions.--In this section:
            ``(1) Meaningful disruption.--The term `meaningful 
        disruption'--
                    ``(A) means a change in production that is 
                reasonably likely to lead to a reduction in the supply 
                of a device by a manufacturer that is more than 
                negligible and affects the ability of the manufacturer 
                to fill orders or meet expected demand for its product;
                    ``(B) does not include interruptions in 
                manufacturing due to matters such as routine maintenance 
                or insignificant changes in manufacturing so long as the 
                manufacturer expects to resume operations in a short 
                period of time, not to exceed 6 months;
                    ``(C) does not include interruptions in 
                manufacturing of components or raw materials so long as 
                such interruptions do not result in a shortage of the 
                device and the manufacturer expects to resume operations 
                in a reasonable period of time; and
                    ``(D) does not include interruptions in 
                manufacturing that do not lead to a reduction in 
                procedures or diagnostic tests associated with a medical 
                device designed to perform more than one procedure or 
                diagnostic test.
            ``(2) Shortage.--The term `shortage', with respect to a 
        device, means a period of time when the demand or projected 
        demand for the device within the United States exceeds the 
        supply of the device.''.

          PART II--ACCESS TO HEALTH CARE FOR COVID-19 PATIENTS

         Subpart A--Coverage of Testing and Preventive Services

SEC. 3201. COVERAGE OF DIAGNOSTIC TESTING FOR COVID-19.

    Paragraph (1) of section 6001(a) of division F of the Families First 
Coronavirus Response Act (Public Law 116-127) <<NOTE: Ante, p. 201.>>  
is amended to read as follows:
            ``(1) An in vitro diagnostic test defined in section 809.3 
        of title 21, Code of Federal Regulations (or successor 
        regulations) for the detection of SARS-CoV-2 or the diagnosis of 
        the virus that causes COVID-19, and the administration of such a 
        test, that--
                    ``(A) 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, 
                360bbb-3);
                    ``(B) the developer has requested, or intends to 
                request, emergency use authorization under section 564 
                of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                360bbb-3), unless and until the emergency use 
                authorization request under such section 564 has been 
                denied or the developer of such test does not submit a 
                request under such section within a reasonable 
                timeframe;

[[Page 134 STAT. 367]]

                    ``(C) is developed in and authorized by a State that 
                has notified the Secretary of Health and Human Services 
                of its intention to review tests intended to diagnose 
                COVID-19; or
                    ``(D) other test that the Secretary determines 
                appropriate in guidance.''.
SEC. 3202. <<NOTE: 42 USC 256b note.>>  PRICING OF DIAGNOSTIC 
                          TESTING.

    (a) Reimbursement Rates.--A group health plan or a health insurance 
issuer providing coverage of items and services described in section 
6001(a) of division F of the Families First Coronavirus Response Act 
(Public Law 116-127) with respect to an enrollee shall reimburse the 
provider of the diagnostic testing as follows:
            (1) <<NOTE: Applicability.>>  If the health plan or issuer 
        has a negotiated rate with such provider in effect before the 
        public health emergency declared under section 319 of the Public 
        Health Service Act (42 U.S.C. 247d), such negotiated rate shall 
        apply throughout the period of such declaration.
            (2) <<NOTE: Reimbursement. Public information. Web 
        posting.>>  If the health plan or issuer does not have a 
        negotiated rate with such provider, such plan or issuer shall 
        reimburse the provider in an amount that equals the cash price 
        for such service as listed by the provider on a public internet 
        website, or such plan or issuer may negotiate a rate with such 
        provider for less than such cash price.

    (b) Requirement to Publicize Cash Price for Diagnostic Testing for 
COVID-19.--
            (1) <<NOTE: Web posting.>>  In general.--During the 
        emergency period declared under section 319 of the Public Health 
        Service Act (42 U.S.C. 247d), each provider of a diagnostic test 
        for COVID-19 shall make public the cash price for such test on a 
        public internet website of such provider.
            (2) <<NOTE: Compliance.>>  Civil monetary penalties.--The 
        Secretary of Health and Human Services may impose a civil 
        monetary penalty on any provider of a diagnostic test for COVID-
        19 that is not in compliance with paragraph (1) and has not 
        completed a corrective action plan to comply with the 
        requirements of such paragraph, in an amount not to exceed $300 
        per day that the violation is ongoing.
SEC. 3203. <<NOTE: 42 USC 300gg-13 note.>>  RAPID COVERAGE OF 
                          PREVENTIVE SERVICES AND VACCINES FOR 
                          CORONAVIRUS.

    (a) <<NOTE: Regulations.>>  In General.--Notwithstanding 2713(b) of 
the Public Health Service Act (42 U.S.C. 300gg-13), the Secretary of 
Health and Human Services, the Secretary of Labor, and the Secretary of 
the Treasury shall require group health plans and health insurance 
issuers offering group or individual health insurance to cover (without 
cost-sharing) any qualifying coronavirus preventive service, pursuant to 
section 2713(a) of the Public Health Service Act (42 U.S.C. 300gg-13(a)) 
(including the regulations under sections 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 (or any successor regulations)). <<NOTE: Effective date.>>  
The requirement described in this subsection shall take effect with 
respect to a qualifying coronavirus preventive service on the specified 
date described in subsection (b)(2).

    (b) Definitions.--For purposes of this section:
            (1) Qualifying coronavirus preventive service.--The term 
        ``qualifying coronavirus preventive service'' means an item,

[[Page 134 STAT. 368]]

        service, or immunization that is intended to prevent or mitigate 
        coronavirus disease 2019 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) <<NOTE: Time period. Recommenda- tion.>>  Specified 
        date.--The term ``specified date'' means the date that is 15 
        business days after the date on which a recommendation is made 
        relating to the qualifying coronavirus preventive service as 
        described in such paragraph.
            (3) Additional terms.--In this section, 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, as 
        applicable.

              Subpart B--Support for Health Care Providers

SEC. 3211. SUPPLEMENTAL AWARDS FOR HEALTH CENTERS.

    (a) Supplemental Awards.--Section 330(r) of the Public Health 
Service Act (42 U.S.C. 254b(r)) is amended by adding at the end the 
following:
            ``(6) Additional amounts for supplemental awards.--In 
        addition to any amounts made available pursuant to this 
        subsection, section 402A of this Act, or section 10503 of the 
        Patient Protection and Affordable Care Act, there is authorized 
        to be appropriated, and there is appropriated, out of any monies 
        in the Treasury not otherwise appropriated, $1,320,000,000 for 
        fiscal year 2020 for supplemental awards under subsection (d) 
        for the detection of SARS-CoV-2 or the prevention, diagnosis, 
        and treatment of COVID-19.''.

    (b) Application of Provisions.--Amounts appropriated pursuant to the 
amendment made by subsection (a) for fiscal year 2020 shall be subject 
to the requirements contained in Public Law 116-94 for funds for 
programs authorized under sections 330 through 340 of the Public Health 
Service Act (42 U.S.C. 254 through 256).
SEC. 3212. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS 
                          GRANT PROGRAMS.

    Section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``projects to demonstrate how 
                      telehealth technologies can be used through 
                      telehealth networks'' and inserting ``evidence-
                      based projects that utilize telehealth 
                      technologies through telehealth networks'';
                          (ii) in subparagraph (A)--
                                    (I) by striking ``the quality of'' 
                                and inserting ``access to, and the 
                                quality of,''; and
                                    (II) by inserting ``and'' after the 
                                semicolon;

[[Page 134 STAT. 369]]

                          (iii) by striking subparagraph (B);
                          (iv) by redesignating subparagraph (C) as 
                      subparagraph (B); and
                          (v) in subparagraph (B), as so redesignated, 
                      by striking ``and patients and their families, for 
                      decisionmaking'' and inserting ``, patients, and 
                      their families''; and
                    (B) in paragraph (2)--
                          (i) by striking ``demonstrate how telehealth 
                      technologies can be used'' and inserting ``support 
                      initiatives that utilize telehealth 
                      technologies''; and
                          (ii) by striking ``, to establish telehealth 
                      resource centers'';
            (2) in subsection (e), by striking ``4 years'' and inserting 
        ``5 years'';
            (3) in subsection (f)--
                    (A) by striking paragraph (2);
                    (B) in paragraph (1)(B)--
                          (i) by redesignating clauses (i) through (iii) 
                      as paragraphs (1) through (3), respectively, and 
                      adjusting the margins accordingly;
                          (ii) in paragraph (3), as so redesignated by 
                      clause (i), by redesignating subclauses (I) 
                      through (XII) as subparagraphs (A) through (L), 
                      respectively, and adjusting the margins 
                      accordingly; and
                          (iii) by striking ``(1) Telehealth network 
                      grants--'' and all that follows through ``(B) 
                      Telehealth networks--''; and
                    (C) in paragraph (3)(I), as so redesignated, by 
                inserting ``and substance use disorder'' after ``mental 
                health'' each place such term appears;
            (4) in subsection (g)(2), by striking ``or improve'' and 
        inserting ``and improve'';
            (5) by striking subsection (h);
            (6) by redesignating subsections (i) through (p) as 
        subsection (h) through (o), respectively;
            (7) in subsection (h), as so redesignated--
                    (A) in paragraph (1)--
                          (i) in subparagraph (B), by striking ``mental 
                      health, public health, long-term care, home care, 
                      preventive'' and inserting ``mental health care, 
                      public health services, long-term care, home care, 
                      preventive care'';
                          (ii) in subparagraph (E), by inserting ``and 
                      regional'' after ``local''; and
                          (iii) by striking subparagraph (F); and
                    (B) in paragraph (2)(A), by striking ``medically 
                underserved areas or'' and inserting ``rural areas, 
                medically underserved areas, or'';
            (8) in paragraph (2) of subsection (i), as so redesignated, 
        by striking ``ensure that--'' and all that follows through the 
        end of subparagraph (B) and inserting ``ensure that not less 
        than 50 percent of the funds awarded shall be awarded for 
        projects in rural areas.'';
            (9) in subsection (j), as so redesignated--
                    (A) in paragraph (1)(B), by striking ``computer 
                hardware and software, audio and video equipment, 
                computer

[[Page 134 STAT. 370]]

                network equipment, interactive equipment, data terminal 
                equipment, and other''; and
                    (B) in paragraph (2)(F), by striking ``health care 
                providers and'';
            (10) in subsection (k), as so redesignated--
                    (A) in paragraph (2), by striking ``40 percent'' and 
                inserting ``20 percent''; and
                    (B) in paragraph (3), by striking ``(such as laying 
                cable or telephone lines, or purchasing or installing 
                microwave towers, satellite dishes, amplifiers, or 
                digital switching equipment)'';
            (11) by striking subsections (q) and (r) and inserting the 
        following:

    ``(p) Report.--Not later than 4 years after the date of enactment of 
the Coronavirus Aid, Relief, and Economic Security Act, and every 5 
years thereafter, the Secretary shall prepare and 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 
report on the activities and outcomes of the grant programs under 
subsection (b).'';
            (12) by redesignating subsection (s) as subsection (q); and
            (13) in subsection (q), as so redesignated, by striking 
        ``this section--'' and all that follows through the end of 
        paragraph (2) and inserting ``this section $29,000,000 for each 
        of fiscal years 2021 through 2025.''.
SEC. 3213. RURAL HEALTH CARE SERVICES OUTREACH, RURAL HEALTH 
                          NETWORK DEVELOPMENT, AND SMALL HEALTH 
                          CARE PROVIDER QUALITY IMPROVEMENT GRANT 
                          PROGRAMS.

    Section 330A of the Public Health Service Act (42 U.S.C. 254c) is 
amended--
            (1) in subsection (d)(2)--
                    (A) in subparagraph (A), by striking ``essential'' 
                and inserting ``basic''; and
                    (B) in subparagraph (B)--
                          (i) in the matter preceding clause (i), by 
                      inserting ``to'' after ``grants''; and
                          (ii) in clauses (i), (ii), and (iii), by 
                      striking ``to'' each place such term appears;
            (2) in subsection (e)--
                    (A) in paragraph (1)--
                          (i) by inserting ``improving and'' after 
                      ``outreach by'';
                          (ii) by inserting ``, through community 
                      engagement and evidence-based or innovative, 
                      evidence-informed models'' before the period of 
                      the first sentence; and
                          (iii) by striking ``3 years'' and inserting 
                      ``5 years'';
                    (B) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A), 
                      by inserting ``shall'' after ``entity'';
                          (ii) in subparagraph (A), by striking ``shall 
                      be a rural public or rural nonprofit private 
                      entity'' and inserting ``be an entity with 
                      demonstrated experience serving, or the capacity 
                      to serve, rural underserved populations'';

[[Page 134 STAT. 371]]

                          (iii) in subparagraphs (B) and (C), by 
                      striking ``shall'' each place such term appears; 
                      and
                          (iv) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by inserting ``that'' after 
                                ``members''; and
                                    (II) in clauses (i) and (ii), by 
                                striking ``that'' each place such term 
                                appears; and
                    (C) in paragraph (3)(C), by striking ``the local 
                community or region'' and inserting ``the rural 
                underserved populations in the local community or 
                region'';
            (3) in subsection (f)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``promote, through 
                                planning and implementation, the 
                                development of integrated health care 
                                networks that have combined the 
                                functions of the entities participating 
                                in the networks'' and inserting ``plan, 
                                develop, and implement integrated health 
                                care networks that collaborate''; and
                                    (II) in clause (ii), by striking 
                                ``essential health care services'' and 
                                inserting ``basic health care services 
                                and associated health outcomes''; and
                          (ii) by amending subparagraph (B) to read as 
                      follows:
                    ``(B) Grant periods.--The Director may award grants 
                under this subsection for periods of not more than 5 
                years.'';
                    (B) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A), 
                      by inserting ``shall'' after ``entity'';
                          (ii) in subparagraph (A), by striking ``shall 
                      be a rural public or rural nonprofit private 
                      entity'' and inserting ``be an entity with 
                      demonstrated experience serving, or the capacity 
                      to serve, rural underserved populations'';
                          (iii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i)--
                                            (aa) by striking ``shall''; 
                                        and
                                            (bb) by inserting ``that'' 
                                        after ``participants''; and
                                    (II) in clauses (i) and (ii), by 
                                striking ``that'' each place such term 
                                appears; and
                          (iv) in subparagraph (C), by striking 
                      ``shall''; and
                    (C) in paragraph (3)--
                          (i) by amending clause (iii) of subparagraph 
                      (C) to read as follows:
                          ``(iii) how the rural underserved populations 
                      in the local community or region to be served will 
                      benefit from and be involved in the development 
                      and ongoing operations of the network;''; and
                          (ii) in subparagraph (D), by striking ``the 
                      local community or region'' and inserting ``the 
                      rural underserved populations in the local 
                      community or region'';
            (4) in subsection (g)--
                    (A) in paragraph (1)--

[[Page 134 STAT. 372]]

                          (i) by inserting ``, including activities 
                      related to increasing care coordination, enhancing 
                      chronic disease management, and improving patient 
                      health outcomes'' before the period of the first 
                      sentence; and
                          (ii) by striking ``3 years'' and inserting ``5 
                      years'';
                    (B) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A), 
                      by inserting ``shall'' after ``entity'';
                          (ii) in subparagraphs (A) and (B), by striking 
                      ``shall'' each place such term appears; and
                          (iii) in subparagraph (A)(ii), by inserting 
                      ``or regional'' after ``local''; and
                    (C) in paragraph (3)(D), by striking ``the local 
                community or region'' and inserting ``the rural 
                underserved populations in the local community or 
                region'';
            (5) in subsection (h)(3), in the matter preceding 
        subparagraph (A), by inserting ``, as appropriate,'' after ``the 
        Secretary'';
            (6) by amending subsection (i) to read as follows:

    ``(i) Report.--Not later than 4 years after the date of enactment of 
the Coronavirus Aid, Relief, and Economic Security Act, and every 5 
years thereafter, the Secretary shall prepare and 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 
report on the activities and outcomes of the grant programs under 
subsections (e), (f), and (g), including the impact of projects funded 
under such programs on the health status of rural residents with chronic 
conditions.''; and
            (7) in subsection (j), by striking ``$45,000,000 for each of 
        fiscal years 2008 through 2012'' and inserting ``$79,500,000 for 
        each of fiscal years 2021 through 2025''.
SEC. 3214. UNITED STATES PUBLIC HEALTH SERVICE MODERNIZATION.

    (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.''.

[[Page 134 STAT. 373]]

    (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 ``the Service'' each place it appears and 
        inserting ``the Regular Corps'';
            (2) in subsection (a)(4), by striking ``(in the case of an 
        officer in the Reserve Corps)'';
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                          (i) by striking ``or an officer of the Reserve 
                      Corps''; and
                          (ii) by inserting ``or under section 
                      221(a)(19)'' after ``subsection (a)''; and
                    (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) <<NOTE: Definitions.>>  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.''.

    (e) Technical Amendments.--Title II of the Public Health Service Act 
(42 U.S.C. 202 et seq.) is amended--
            (1) <<NOTE: 42 USC 205, 209.>>  in sections 204 and 207(c), 
        by striking ``Regular or Reserve Corps'' each place it appears 
        and inserting ``Regular Corps or Ready Reserve Corps'';
            (2) <<NOTE: 42 USC 210.>>  in section 208(a), by striking 
        ``Regular and Reserve Corps'' each place it appears and 
        inserting ``Regular Corps and Ready Reserve Corps''; and
            (3) <<NOTE: 42 USC 206, 207, 211, 210-1, 209.>>  in section 
        205(c), 206(c), 210, and 219, and in subsections (a), (b), and 
        (d) of section 207, by striking ``Reserve Corps'' each place it 
        appears and inserting ``Ready Reserve Corps''.

[[Page 134 STAT. 374]]

SEC. 3215. <<NOTE: 42 USC 234 note.>>  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'') under 
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--
                          (i) are within the scope of the license, 
                      registration, or certification of the volunteer, 
                      as defined by the State of licensure, 
                      registration, or certification; and
                          (ii) do not exceed the scope of license, 
                      registration, or certification of a substantially 
                      similar health professional in the State in which 
                      such act or omission occurs; 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

[[Page 134 STAT. 375]]

                    (B) the assessment or care of the health of a human 
                being related to an actual or suspected case of 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--
                          (i) 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
                          (ii) any reimbursement for travel to the site 
                      where the volunteer services are 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) <<NOTE: Applicability.>>  Effective Date.--This section shall 
take effect upon the date of enactment of this Act, and applies to a 
claim for harm only if the act or omission that caused such harm 
occurred on or after the date of enactment.

    (f) Sunset.--This section shall be in effect only for the length of 
the public health emergency declared by the Secretary of Health and 
Human Services (referred to in this section as the ``Secretary'') under 
section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 
31, 2020 with respect to COVID-19.
SEC. 3216. <<NOTE: 42 USC 254f note.>>  FLEXIBILITY FOR MEMBERS OF 
                          NATIONAL HEALTH SERVICE CORPS DURING 
                          EMERGENCY PERIOD.

    During the public health emergency declared by the Secretary of 
Health and Human Services under section 319 of the Public Health Service 
Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19, the 
Secretary may, notwithstanding section 333 of the Public Health Service 
Act (42 U.S.C. 254f), assign members of the National Health Service 
Corps, with the voluntary agreement of such corps members, to provide 
such health services at such places, and for such number of hours, as 
the Secretary determines necessary to respond to such emergency, 
provided that such places are within a reasonable distance of the site 
to which such members were originally assigned, and the total number of 
hours required are the same as were required of such members prior to 
the date of enactment of this Act.

                   Subpart C--Miscellaneous Provisions

SEC. 3221. <<NOTE: 42 USC 290dd-2 note.>>  CONFIDENTIALITY AND 
                          DISCLOSURE OF RECORDS RELATING TO 
                          SUBSTANCE USE DISORDER.

    (a) Conforming Changes Relating to Substance Use Disorder.--
Subsections (a) and (h) of section 543 of the Public Health Service Act 
(42 U.S.C. 290dd-2) are each amended by striking ``substance abuse'' and 
inserting ``substance use disorder''.
    (b) Disclosures to Covered Entities Consistent With HIPAA.--
Paragraph (1) of section 543(b) of the Public Health Service Act (42 
U.S.C. 290dd-2(b)) is amended to read as follows:

[[Page 134 STAT. 376]]

            ``(1) <<NOTE: Applicability.>>  Consent.--The following 
        shall apply with respect to the contents of any record referred 
        to in subsection (a):
                    ``(A) Such contents may be used or disclosed in 
                accordance with the prior written consent of the patient 
                with respect to whom such record is maintained.
                    ``(B) Once prior written consent of the patient has 
                been obtained, such contents may be used or disclosed by 
                a covered entity, business associate, or a program 
                subject to this section for purposes of treatment, 
                payment, and health care operations as permitted by the 
                HIPAA regulations. Any information so disclosed may then 
                be redisclosed in accordance with the HIPAA regulations. 
                Section 13405(c) of the Health Information Technology 
                and Clinical Health Act (42 U.S.C. 17935(c)) shall apply 
                to all disclosures pursuant to subsection (b)(1) of this 
                section.
                    ``(C) It shall be permissible for a patient's prior 
                written consent to be given once for all such future 
                uses or disclosures for purposes of treatment, payment, 
                and health care operations, until such time as the 
                patient revokes such consent in writing.
                    ``(D) Section 13405(a) of the Health Information 
                Technology and Clinical Health Act (42 U.S.C. 17935(a)) 
                shall apply to all disclosures pursuant to subsection 
                (b)(1) of this section.''.

    (c) Disclosures of De-Identified Health Information to Public Health 
Authorities.--Paragraph (2) of section 543(b) of the Public Health 
Service Act (42 U.S.C. 290dd-2(b)), is amended by adding at the end the 
following:
                    ``(D) To a public health authority, so long as such 
                content meets the standards established in section 
                164.514(b) of title 45, Code of Federal Regulations (or 
                successor regulations) for creating de-identified 
                information.''.

    (d) Definitions.--Section 543 of the Public Health Service Act (42 
U.S.C. 290dd-2) is amended by adding at the end the following:
    ``(k) Definitions.--For purposes of this section:
            ``(1) Breach.--The term `breach' has the meaning given such 
        term for purposes of the HIPAA regulations.
            ``(2) Business associate.--The term `business associate' has 
        the meaning given such term for purposes of the HIPAA 
        regulations.
            ``(3) Covered entity.--The term `covered entity' has the 
        meaning given such term for purposes of the HIPAA regulations.
            ``(4) Health care operations.--The term `health care 
        operations' has the meaning given such term for purposes of the 
        HIPAA regulations.
            ``(5) HIPAA regulations.--The term `HIPAA regulations' has 
        the meaning given such term for purposes of parts 160 and 164 of 
        title 45, Code of Federal Regulations.
            ``(6) Payment.--The term `payment' has the meaning given 
        such term for purposes of the HIPAA regulations.
            ``(7) Public health authority.--The term `public health 
        authority' has the meaning given such term for purposes of the 
        HIPAA regulations.
            ``(8) Treatment.--The term `treatment' has the meaning given 
        such term for purposes of the HIPAA regulations.

[[Page 134 STAT. 377]]

            ``(9) Unsecured protected health information.--The term 
        `unprotected health information' has the meaning given such term 
        for purposes of the HIPAA regulations.''.

    (e) Use of Records in Criminal, Civil, or Administrative 
Investigations, Actions, or Proceedings.--Subsection (c) of section 543 
of the Public Health Service Act (42 U.S.C. 290dd-2(c)) is amended to 
read as follows:
    ``(c) Use of Records in Criminal, Civil, or Administrative 
Contexts.--Except as otherwise authorized by a court order under 
subsection (b)(2)(C) or by the consent of the patient, a record referred 
to in subsection (a), or testimony relaying the information contained 
therein, may not be disclosed or used in any civil, criminal, 
administrative, or legislative proceedings conducted by any Federal, 
State, or local authority, against a patient, including with respect to 
the following activities:
            ``(1) Such record or testimony shall not be entered into 
        evidence in any criminal prosecution or civil action before a 
        Federal or State court.
            ``(2) Such record or testimony shall not form part of the 
        record for decision or otherwise be taken into account in any 
        proceeding before a Federal, State, or local agency.
            ``(3) Such record or testimony shall not be used by any 
        Federal, State, or local agency for a law enforcement purpose or 
        to conduct any law enforcement investigation.
            ``(4) Such record or testimony shall not be used in any 
        application for a warrant.''.

    (f) Penalties.--Subsection (f) of section 543 of the Public Health 
Service Act (42 U.S.C. 290dd-2) is amended to read as follows:
    ``(f) <<NOTE: Applicability.>>  Penalties.--The provisions of 
sections 1176 and 1177 of the Social Security Act shall apply to a 
violation of this section to the extent and in the same manner as such 
provisions apply to a violation of part C of title XI of such Act. In 
applying the previous sentence--
            ``(1) the reference to `this subsection' in subsection 
        (a)(2) of such section 1176 shall be treated as a reference to 
        `this subsection (including as applied pursuant to section 
        543(f) of the Public Health Service Act)'; and
            ``(2) in subsection (b) of such section 1176--
                    ``(A) each reference to `a penalty imposed under 
                subsection (a)' shall be treated as a reference to `a 
                penalty imposed under subsection (a) (including as 
                applied pursuant to section 543(f) of the Public Health 
                Service Act)'; and
                    ``(B) each reference to `no damages obtained under 
                subsection (d)' shall be treated as a reference to `no 
                damages obtained under subsection (d) (including as 
                applied pursuant to section 543(f) of the Public Health 
                Service Act)'.''.

    (g) Antidiscrimination.--Section 543 of the Public Health Service 
Act (42 U.S.C. 290dd-2) is amended by inserting after subsection (h) the 
following:
    ``(i) Antidiscrimination.--
            ``(1) In general.--No entity shall discriminate against an 
        individual on the basis of information received by such entity 
        pursuant to an inadvertent or intentional disclosure of records,

[[Page 134 STAT. 378]]

        or information contained in records, described in subsection (a) 
        in--
                    ``(A) admission, access to, or treatment for health 
                care;
                    ``(B) hiring, firing, or terms of employment, or 
                receipt of worker's compensation;
                    ``(C) the sale, rental, or continued rental of 
                housing;
                    ``(D) access to Federal, State, or local courts; or
                    ``(E) access to, approval of, or maintenance of 
                social services and benefits provided or funded by 
                Federal, State, or local governments.
            ``(2) Recipients of federal funds.--No recipient of Federal 
        funds shall discriminate against an individual on the basis of 
        information received by such recipient pursuant to an 
        intentional or inadvertent disclosure of such records or 
        information contained in records described in subsection (a) in 
        affording access to the services provided with such funds.''.

    (h) Notification in Case of Breach.--Section 543 of the Public 
Health Service Act (42 U.S.C. 290dd-2), as amended by subsection (g), is 
further amended by inserting after subsection (i) the following:
    ``(j) <<NOTE: Applicability.>>  Notification in Case of Breach.--The 
provisions of section 13402 of the HITECH Act (42 U.S.C. 17932) shall 
apply to a program or activity described in subsection (a), in case of a 
breach of records described in subsection (a), to the same extent and in 
the same manner as such provisions apply to a covered entity in the case 
of a breach of unsecured protected health information.''.

    (i) <<NOTE: Consultation. 42 USC 290dd-2 note.>>  Regulations.--
            (1) <<NOTE: Applicability. Time period.>>  In general.--The 
        Secretary of Health and Human Services, in consultation with 
        appropriate Federal agencies, shall make such revisions to 
        regulations as may be necessary for implementing and enforcing 
        the amendments made by this section, such that such amendments 
        shall apply with respect to uses and disclosures of information 
        occurring on or after the date that is 12 months after the date 
        of enactment of this Act.
            (2) <<NOTE: Deadline. Update.>>  Easily understandable 
        notice of privacy practices.--Not later than 1 year after the 
        date of enactment of this Act, the Secretary of Health and Human 
        Services, in consultation with appropriate legal, clinical, 
        privacy, and civil rights experts, shall update section 164.520 
        of title 45, Code of Federal Regulations, so that covered 
        entities and entities creating or maintaining the records 
        described in subsection (a) provide notice, written in plain 
        language, of privacy practices regarding patient records 
        referred to in section 543(a) of the Public Health Service Act 
        (42 U.S.C. 290dd-2(a)), including--
                    (A) a statement of the patient's rights, including 
                self-pay patients, with respect to protected health 
                information and a brief description of how the 
                individual may exercise these rights (as required by 
                subsection (b)(1)(iv) of such section 164.520); and
                    (B) a description of each purpose for which the 
                covered entity is permitted or required to use or 
                disclose protected health information without the 
                patient's written authorization (as required by 
                subsection (b)(2) of such section 164.520).

[[Page 134 STAT. 379]]

    (j) <<NOTE: 42 USC 290dd-2 note.>>  Rules of Construction.--Nothing 
in this Act or the amendments made by this Act shall be construed to 
limit--
            (1) a patient's right, as described in section 164.522 of 
        title 45, Code of Federal Regulations, or any successor 
        regulation, to request a restriction on the use or disclosure of 
        a record referred to in section 543(a) of the Public Health 
        Service Act (42 U.S.C. 290dd-2(a)) for purposes of treatment, 
        payment, or health care operations; or
            (2) a covered entity's choice, as described in section 
        164.506 of title 45, Code of Federal Regulations, or any 
        successor regulation, to obtain the consent of the individual to 
        use or disclose a record referred to in such section 543(a) to 
        carry out treatment, payment, or health care operation.

    (k) Sense of Congress.--It is the sense of the Congress that--
            (1) any person treating a patient through a program or 
        activity with respect to which the confidentiality requirements 
        of section 543 of the Public Health Service Act (42 U.S.C. 
        290dd-2) apply is encouraged to access the applicable State-
        based prescription drug monitoring program when clinically 
        appropriate;
            (2) patients have the right to request a restriction on the 
        use or disclosure of a record referred to in section 543(a) of 
        the Public Health Service Act (42 U.S.C. 290dd-2(a)) for 
        treatment, payment, or health care operations;
            (3) covered entities should make every reasonable effort to 
        the extent feasible to comply with a patient's request for a 
        restriction regarding such use or disclosure;
            (4) for purposes of applying section 164.501 of title 45, 
        Code of Federal Regulations, the definition of health care 
        operations shall have the meaning given such term in such 
        section, except that clause (v) of paragraph (6) shall not 
        apply; and
            (5) programs creating records referred to in section 543(a) 
        of the Public Health Service Act (42 U.S.C. 290dd-2(a)) should 
        receive positive incentives for discussing with their patients 
        the benefits to consenting to share such records.
SEC. 3222. <<NOTE: 42 USC 3030e note.>>  NUTRITION SERVICES.

    (a) Definitions.--In this section, the terms ``Assistant 
Secretary'', ``Secretary'', ``State agency'', and ``area agency on 
aging'' have the meanings given the terms in section 102 of the Older 
Americans Act of 1965 (42 U.S.C. 3002).
    (b) Nutrition Services Transfer Criteria.--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), the Secretary shall allow a 
State agency or an area agency on aging, without prior approval, to 
transfer not more than 100 percent of the funds received by the State 
agency or area agency on aging, respectively, 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)), between subpart 1 and subpart 
2 of part C (42 U.S.C. 3030d-2 et seq.) for such use as the State agency 
or area agency on aging, respectively, considers appropriate to meet the 
needs of the State or area served.
    (c) Home-delivered Nutrition Services Waiver.--For purposes of State 
agencies' determining the delivery of nutrition services under section 
337 of the Older Americans Act of 1965 (42 U.S.C. 3030g), during the 
period of the COVID-19 public health

[[Page 134 STAT. 380]]

emergency declared under section 319 of the Public Health Service Act 
(42 U.S.C. 247d), the same meaning shall be given to an individual who 
is unable to obtain nutrition because the individual is practicing 
social distancing due to the emergency as is given to an individual who 
is homebound by reason of illness.
    (d) Dietary Guidelines 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. 3030d-2 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), the Assistant Secretary may waive the 
requirements for meals provided under those subparts to comply with the 
requirements of clauses (i) and (ii) of section 339(2)(A) of such Act 
(42 U.S.C. 3030g-21(2)(A)).
SEC. 3223. <<NOTE: Determinations. 42 USC 3056 note.>>  CONTINUITY 
                          OF SERVICE AND OPPORTUNITIES FOR 
                          PARTICIPANTS IN COMMUNITY SERVICE 
                          ACTIVITIES UNDER TITLE V 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 Older Americans Act 
of 1965 (42 U.S.C. 3056 et seq.), the Secretary of Labor--
            (1)(A) may allow individuals participating in projects under 
        such title 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 (42 U.S.C. 3056p(a)(3)(B)(i)) if the 
        Secretary determines such extension is appropriate due to the 
        effects of the COVID-19 public health emergency declared under 
        section 319 of the Public Health Service Act (42 U.S.C. 247d); 
        and
            (B) may increase the average participation cap for eligible 
        individuals applicable to grantees as described in section 
        502(b)(1)(C) of the Older Americans Act of 1965 (42 U.S.C. 
        3056(b)(1)(C)) to a cap the Secretary determines is appropriate 
        due to the effects of the COVID-19 public health 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 for a project, described in section 
        502(c)(3) of the Older Americans Act of 1965 (42 U.S.C. 
        3056(c)(3)) 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).
SEC. 3224. <<NOTE: 42 USC 1320d-2 note. Deadline.>>  GUIDANCE ON 
                          PROTECTED HEALTH INFORMATION.

    Not later than 180 days after the date of enactment of this Act, the 
Secretary of Health and Human Services shall issue guidance on the 
sharing of patients' protected health information pursuant to section 
160.103 of title 45, Code of Federal Regulations (or any successor 
regulations) during the public health emergency declared by the 
Secretary of Health and Human Services under section 319 of the Public 
Health Service Act (42 U.S.C. 247d) with respect to COVID-19, during the 
emergency involving Federal primary responsibility determined to exist 
by the President under section 501(b) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to 
COVID-

[[Page 134 STAT. 381]]

19, and during the national emergency declared by the President under 
the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to 
COVID-19. Such guidance shall include information on compliance with the 
regulations promulgated pursuant to section 264(c) of the Health 
Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 
note) and applicable policies, including such policies that may come 
into effect during such emergencies.
SEC. 3225. REAUTHORIZATION OF HEALTHY START PROGRAM.

    Section 330H of the Public Health Service Act (42 U.S.C. 254c-8) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``, during fiscal 
                year 2001 and subsequent years,''; and
                    (B) in paragraph (2), by inserting ``or increasing 
                above the national average'' after ``areas with high'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``consumers of 
                project services, public health departments, hospitals, 
                health centers under section 330'' and inserting 
                ``participants and former participants of project 
                services, public health departments, hospitals, health 
                centers under section 330, State substance abuse 
                agencies''; and
                    (B) in paragraph (2)--
                          (i) in subparagraph (A), by striking ``such as 
                      low birthweight'' and inserting ``including poor 
                      birth outcomes (such as low birthweight and 
                      preterm birth) and social determinants of 
                      health'';
                          (ii) by redesignating subparagraph (B) as 
                      subparagraph (C);
                          (iii) by inserting after subparagraph (A), the 
                      following:
                    ``(B) Communities with--
                          ``(i) high rates of infant mortality or poor 
                      perinatal outcomes; or
                          ``(ii) high rates of infant mortality or poor 
                      perinatal outcomes in specific subpopulations 
                      within the community.''; and
                          (iv) in subparagraph (C) (as so 
                      redesignated)--
                                    (I) by redesignating clauses (i) and 
                                (ii) as clauses (ii) and (iii), 
                                respectively;
                                    (II) by inserting before clause (ii) 
                                (as so redesignated) the following:
                          ``(i) collaboration with the local community 
                      in the development of the project;'';
                                    (III) in clause (ii) (as so 
                                redesignated), by striking ``and'' at 
                                the end;
                                    (IV) in clause (iii) (as so 
                                redesignated), by striking the period 
                                and inserting ``; and''; and
                                    (V) by adding at the end the 
                                following:
                          ``(iv) <<NOTE: Data.>>  the use and collection 
                      of data demonstrating the effectiveness of such 
                      program in decreasing infant mortality rates and 
                      improving perinatal outcomes, as applicable, or 
                      the process by which new applicants plan to 
                      collect this data.'';
            (3) in subsection (c)--

[[Page 134 STAT. 382]]

                    (A) by striking ``Recipients of grants'' and 
                inserting the following:
            ``(1) In general.--Recipients of grants''; and
                    (B) by adding at the end the following:
            ``(2) <<NOTE: Coordination.>>  Other programs.--The 
        Secretary shall ensure coordination of the program carried out 
        pursuant to this section with other programs and activities 
        related to the reduction of the rate of infant mortality and 
        improved perinatal and infant health outcomes supported by the 
        Department.'';
            (4) in subsection (e)--
                    (A) in paragraph (1), by striking ``appropriated--'' 
                and all that follows through the end and inserting 
                ``appropriated $125,500,000 for each of fiscal years 
                2021 through 2025.''; and
                    (B) <<NOTE: Evaluations.>>  in paragraph (2)(B), by 
                adding at the end the following: ``Evaluations may also 
                include, to the extent practicable, information related 
                to--
                          ``(i) progress toward achieving any grant 
                      metrics or outcomes related to reducing infant 
                      mortality rates, improving perinatal outcomes, or 
                      reducing the disparity in health status;
                          ``(ii) <<NOTE: Recommenda- tions.>>  
                      recommendations on potential improvements that may 
                      assist with addressing gaps, as applicable and 
                      appropriate; and
                          ``(iii) the extent to which the grantee 
                      coordinated with the community in which the 
                      grantee is located in the development of the 
                      project and delivery of services, including with 
                      respect to technical assistance and mentorship 
                      programs.''; and
            (5) by adding at the end the following:

    ``(f) GAO Report.--
            ``(1) <<NOTE: Evaluation.>>  In general.--Not later than 4 
        years after the date of the enactment of this subsection, the 
        Comptroller General of the United States shall conduct an 
        independent evaluation, and submit to the appropriate Committees 
        of Congress a report, concerning the Healthy Start program under 
        this section.
            ``(2) Evaluation.--In conducting the evaluation under 
        paragraph (1), the Comptroller General shall consider, as 
        applicable and appropriate, information from the evaluations 
        under subsection (e)(2)(B).
            ``(3) <<NOTE: Review. Assessments. Recommenda- tions.>>  
        Report.--The report described in paragraph (1) shall review, 
        assess, and provide recommendations, as appropriate, on the 
        following:
                    ``(A) The allocation of Healthy Start program grants 
                by the Health Resources and Services Administration, 
                including considerations made by such Administration 
                regarding disparities in infant mortality or perinatal 
                outcomes among urban and rural areas in making such 
                awards.
                    ``(B) Trends in the progress made toward meeting the 
                evaluation criteria pursuant to subsection (e)(2)(B), 
                including programs which decrease infant mortality rates 
                and improve perinatal outcomes, programs that have not 
                decreased infant mortality rates or improved perinatal 
                outcomes, and programs that have made an impact on 
                disparities in infant mortality or perinatal outcomes.

[[Page 134 STAT. 383]]

                    ``(C) The ability of grantees to improve health 
                outcomes for project participants, promote the awareness 
                of the Healthy Start program services, incorporate and 
                promote family participation, facilitate coordination 
                with the community in which the grantee is located, and 
                increase grantee accountability through quality 
                improvement, performance monitoring, evaluation, and the 
                effect such metrics may have toward decreasing the rate 
                of infant mortality and improving perinatal outcomes.
                    ``(D) The extent to which such Federal programs are 
                coordinated across agencies and the identification of 
                opportunities for improved coordination in such Federal 
                programs and activities.''.
SEC. 3226. <<NOTE: 42 USC 247d note.>>  IMPORTANCE OF THE BLOOD 
                          SUPPLY.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') shall carry out a 
national campaign to improve awareness of, and support outreach to the 
public and health care providers about the importance and safety of 
blood donation and the need for donations for the blood supply during 
the public health emergency declared by the Secretary under section 319 
of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID-
19.
    (b) <<NOTE: Contracts.>>  Awareness Campaign.--In carrying out 
subsection (a), the Secretary may enter into contracts with one or more 
public or private nonprofit entities, to establish a national blood 
donation awareness campaign that may include television, radio, 
internet, and newspaper public service announcements, and other 
activities to provide for public and professional awareness and 
education.

    (c) Consultation.--In carrying out subsection (a), the Secretary 
shall consult with the Commissioner of Food and Drugs, the Assistant 
Secretary for Health, the Director of the Centers for Disease Control 
and Prevention, the Director of the National Institutes of Health, and 
the heads of other relevant Federal agencies, and relevant accrediting 
bodies and representative organizations.
    (d) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, the Secretary 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 report that 
shall include--
            (1) a description of the activities carried out under 
        subsection (a);
            (2) a description of trends in blood supply donations; and
            (3) <<NOTE: Evaluation.>>  an evaluation of the impact of 
        the public awareness campaign, including any geographic or 
        population variations.

                          PART III--INNOVATION

SEC. 3301. REMOVING THE CAP ON OTA DURING PUBLIC HEALTH 
                          EMERGENCIES.

    Section 319L(c)(5)(A) of the Public Health Service Act (42 U.S.C. 
247d-7e(c)(5)(A)) is amended--
            (1) by redesignating clause (iii) as clause (iv); and
            (2) by inserting after clause (ii) the following:
                          ``(iii) Authority during a public health 
                      emergency.--

[[Page 134 STAT. 384]]

                                    ``(I) <<NOTE: Procedures.>>  In 
                                general.--Notwithstanding clause (ii), 
                                the Secretary, shall, to the maximum 
                                extent practicable, use competitive 
                                procedures when entering into 
                                transactions to carry out projects under 
                                this subsection for purposes of a public 
                                health emergency declared by the 
                                Secretary under section 319. Any such 
                                transactions entered into during such 
                                public health emergency shall not be 
                                terminated solely due to the expiration 
                                of such public health emergency, if such 
                                public health emergency ends before the 
                                completion of the terms of such 
                                agreement.
                                    ``(II) Report.--After the expiration 
                                of the public health emergency declared 
                                by the Secretary under section 319, the 
                                Secretary shall provide 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 regarding the 
                                use of any funds pursuant to the 
                                authority under subclause (I), including 
                                any outcomes, benefits, and risks 
                                associated with the use of such funds, 
                                and a description of the reasons for the 
                                use of such authority for the project or 
                                projects.''.
SEC. 3302. PRIORITY ZOONOTIC ANIMAL DRUGS.

    Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 
et seq.) is amended by inserting after section 512 the following:
``SEC. 512A. <<NOTE: 21 USC 360b-1.>>  PRIORITY ZOONOTIC ANIMAL 
                          DRUGS.

    ``(a) In General.--The Secretary shall, at the request of the 
sponsor intending to submit an application for approval of a new animal 
drug under section 512(b)(1) or an application for conditional approval 
of a new animal drug under section 571, expedite the development and 
review of such new animal drug if preliminary clinical evidence 
indicates that the new animal drug, alone or in combination with 1 or 
more other animal drugs, has the potential to prevent or treat a 
zoonotic disease in animals, including a vector borne-disease, that has 
the potential to cause serious adverse health consequences for, or 
serious or life-threatening diseases in, humans.
    ``(b) Request for Designation.--The sponsor of a new animal drug may 
request the Secretary to designate a new animal drug described in 
subsection (a) as a priority zoonotic animal drug. A request for the 
designation may be made concurrently with, or at any time after, the 
opening of an investigational new animal drug file under section 512(j) 
or the filing of an application under section 512(b)(1) or 571.
    ``(c) Designation.--
            ``(1) <<NOTE: Deadline. Determination.>>  In general.--Not 
        later than 60 calendar days after the receipt of a request under 
        subsection (b), the Secretary shall determine whether the new 
        animal drug that is the subject of the request meets the 
        criteria described in subsection (a). If the Secretary 
        determines that the new animal drug meets the criteria, the 
        Secretary shall designate the new animal drug as a priority 
        zoonotic animal drug and shall take such actions as are 
        appropriate to expedite the development and

[[Page 134 STAT. 385]]

        review of the application for approval or conditional approval 
        of such new animal drug.
            ``(2) Actions.--The actions to expedite the development and 
        review of an application under paragraph (1) may include, as 
        appropriate--
                    ``(A) taking steps to ensure that the design of 
                clinical trials is as efficient as practicable, when 
                scientifically appropriate, such as by utilizing novel 
                trial designs or drug development tools (including 
                biomarkers) that may reduce the number of animals needed 
                for studies;
                    ``(B) providing timely advice to, and interactive 
                communication with, the sponsor (which may include 
                meetings with the sponsor and review team) regarding the 
                development of the new animal drug to ensure that the 
                development program to gather the nonclinical and 
                clinical data necessary for approval is as efficient as 
                practicable;
                    ``(C) involving senior managers and review staff 
                with experience in zoonotic or vector-borne disease to 
                facilitate collaborative, cross-disciplinary review, 
                including, as appropriate, across agency centers; and
                    ``(D) implementing additional administrative or 
                process enhancements, as necessary, to facilitate an 
                efficient review and development program.''.

                     PART IV--HEALTH CARE WORKFORCE

SEC. 3401. REAUTHORIZATION OF HEALTH PROFESSIONS WORKFORCE 
                          PROGRAMS.

    Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) 
is amended--
            (1) in section 736 (42 U.S.C. 293), by striking subsection 
        (i) and inserting the following:

    ``(i) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $23,711,000 for each of fiscal 
years 2021 through 2025.'';
            (2) in section 740 (42 U.S.C. 293d)--
                    (A) in subsection (a), by striking ``$51,000,000 for 
                fiscal year 2010, and such sums as may be necessary for 
                each of the fiscal years 2011 through 2014'' and 
                inserting ``$51,470,000 for each of fiscal years 2021 
                through 2025'';
                    (B) in subsection (b), by striking ``$5,000,000 for 
                each of the fiscal years 2010 through 2014'' and 
                inserting ``$1,190,000 for each of fiscal years 2021 
                through 2025'';
                    (C) in subsection (c), by striking ``$60,000,000 for 
                fiscal year 2010 and such sums as may be necessary for 
                each of the fiscal years 2011 through 2014'' and 
                inserting ``$15,000,000 for each of fiscal years 2021 
                through 2025''; and
                    (D) in subsection (d), by striking ``Not Later than 
                6 months after the date of enactment of this part, the 
                Secretary shall prepare and submit to the appropriate 
                committees of Congress'' and inserting: ``Not later than 
                September 30, 2025, and every five years thereafter, the 
                Secretary shall prepare and 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,'';

[[Page 134 STAT. 386]]

            (3) in section 747 (42 U.S.C. 293k)--
                    (A) in subsection (a)--
                          (i) in paragraph (1)(G), by striking ``to 
                      plan, develop, and operate a demonstration program 
                      that provides training'' and inserting: ``to plan, 
                      develop, and operate a program that identifies or 
                      develops innovative models of providing care, and 
                      trains primary care physicians on such models 
                      and''; and
                          (ii) by adding at the end the following:
            ``(3) Priorities in making awards.--In awarding grants or 
        contracts under paragraph (1), the Secretary may give priority 
        to qualified applicants that train residents in rural areas, 
        including for Tribes or Tribal Organizations in such areas.'';
                    (B) in subsection (b)(3)(E), by striking 
                ``substance-related disorders'' and inserting 
                ``substance use disorders''; and
                    (C) in subsection (c)(1), by striking ``$125,000,000 
                for fiscal year 2010, and such sums as may be necessary 
                for each of fiscal years 2011 through 2014'' and 
                inserting ``$48,924,000 for each of fiscal years 2021 
                through 2025'';
            (4) in section 748 (42 U.S.C. 293k-2)--
                    (A) in subsection (c)(5), by striking ``substance-
                related disorders'' and inserting ``substance use 
                disorders''; and
                    (B) in subsection (f), by striking ``$30,000,000 for 
                fiscal year 2010 and such sums as may be necessary for 
                each of fiscal years 2011 through 2015'' and inserting 
                ``$28,531,000 for each of fiscal years 2021 through 
                2025'';
            (5) in section 749(d)(2) (42 U.S.C. 293l(d)(2)), by striking 
        ``Committee on Labor and Human Resources of the Senate, and the 
        Committee on Commerce of the House of Representatives'' and 
        inserting ``Committee on Health, Education, Labor, and Pensions 
        of the Senate, and the Committee on Energy and Commerce of the 
        House of Representatives'';
            (6) in section 751(j)(1) (42 U.S.C. 294a(j)(1)), by striking 
        ``$125,000,000 for each of the fiscal years 2010 through 2014'' 
        and inserting ``$41,250,000 for each of fiscal years 2021 
        through 2025'';
            (7) in section 754(b)(1)(A) (42 U.S.C. 294d(b)(1)(A)), by 
        striking ``new and innovative'' and inserting ``innovative or 
        evidence-based'';
            (8) in section 755(b)(1)(A) (42 U.S.C. 294e(b)(1)(A)), by 
        striking ``the elderly'' and inserting ``geriatric populations 
        or for maternal and child health'';
            (9) in section 761(e) (42 U.S.C. 294n(e))--
                    (A) in paragraph (1)(A), by striking ``$7,500,000 
                for each of fiscal years 2010 through 2014'' and 
                inserting ``$5,663,000 for each of fiscal years 2021 
                through 2025''; and
                    (B) in paragraph (2), by striking ``subsection (a)'' 
                and inserting ``paragraph (1)'';
            (10) in section 762 (42 U.S.C. 294o)--
                    (A) in subsection (a)(1), by striking ``Committee on 
                Labor and Human Resources'' and inserting ``Committee on 
                Health, Education, Labor, and Pensions'';
                    (B) in subsection (b)--

[[Page 134 STAT. 387]]

                          (i) in paragraph (2), by striking ``Health 
                      Care Financing Administration'' and inserting 
                      ``Centers for Medicare & Medicaid Services'';
                          (ii) by redesignating paragraphs (4) through 
                      (6) as paragraphs (5) through (7), respectively; 
                      and
                          (iii) by inserting after paragraph (3), the 
                      following:
            ``(4) the Administrator of the Health Resources and Services 
        Administration;'';
                    (C) by striking subsections (i), (j), and (k) and 
                inserting the following:

    ``(i) Reports.--Not later than September 30, 2023, and not less than 
every 5 years thereafter, the Council shall submit to the Secretary, and 
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 report on the recommendations described in subsection 
(a).''; and
                    (D) by redesignating subsection (l) as subsection 
                (j);
            (11) in section 766(b)(1) (42 U.S.C. 295a(b)(1)), by 
        striking ``that plans'' and all that follows through the period 
        and inserting ``that plans, develops, operates, and evaluates 
        projects to improve preventive medicine, health promotion and 
        disease prevention, or access to and quality of health care 
        services in rural or medically underserved communities.'';
            (12) in section 770(a) (42 U.S.C. 295e(a)), by striking 
        ``$43,000,000 for fiscal year 2011, and such sums as may be 
        necessary for each of the fiscal years 2012 through 2015'' and 
        inserting ``$17,000,000 for each of fiscal years 2021 through 
        2025''; and
            (13) in section 775(e) (42 U.S.C. 295f(e)), by striking 
        ``$30,000,000'' and all that follows through the period and 
        inserting ``such sums as may be necessary for each of fiscal 
        years 2021 through 2025.''.
SEC. 3402. <<NOTE: 42 USC 292 note prec.>>  HEALTH WORKFORCE 
                          COORDINATION.

    (a) Strategic Plan.--
            (1) <<NOTE: Deadline. Consultation.>>  In general.--Not 
        later than 1 year after the date of enactment of this Act, the 
        Secretary of Health and Human Services (referred to in this Act 
        as the ``Secretary''), in consultation with the Advisory 
        Committee on Training in Primary Care Medicine and Dentistry and 
        the Advisory Council on Graduate Medical Education, shall 
        develop a comprehensive and coordinated plan with respect to the 
        health care workforce development programs of the Department of 
        Health and Human Services, including education and training 
        programs.
            (2) Requirements.--The plan under paragraph (1) shall--
                    (A) include performance measures to determine the 
                extent to which the programs described in paragraph (1) 
                are strengthening the Nation's health care system;
                    (B) identify any gaps that exist between the 
                outcomes of programs described in paragraph (1) and 
                projected health care workforce needs identified in 
                workforce projection reports conducted by the Health 
                Resources and Services Administration;
                    (C) identify actions to address the gaps described 
                in subparagraph (B); and
                    (D) identify barriers, if any, to implementing the 
                actions identified under subparagraph (C).

[[Page 134 STAT. 388]]

    (b) Coordination With Other Agencies.--The Secretary shall 
coordinate with the heads of other Federal agencies and departments that 
fund or administer health care workforce development programs, including 
education and training programs, to--
            (1) <<NOTE: Evaluation.>>  evaluate the performance of such 
        programs, including the extent to which such programs are 
        efficient and effective and are meeting the nation's health 
        workforce needs; and
            (2) identify opportunities to improve the quality and 
        consistency of the information collected to evaluate within and 
        across such programs, and to implement such improvements.

    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary 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 report describing 
the plan developed under subsection (a) and actions taken to implement 
such plan.
SEC. 3403. EDUCATION AND TRAINING RELATING TO GERIATRICS.

    Section 753 of the Public Health Service Act (42 U.S.C. 294c) is 
amended to read as follows:
``SEC. 753. EDUCATION AND TRAINING RELATING TO GERIATRICS.

    ``(a) Geriatrics Workforce Enhancement Program.--
            ``(1) <<NOTE: Grants. Contracts.>>  In general.--The 
        Secretary shall award grants, contracts, or cooperative 
        agreements under this subsection to entities described in 
        paragraph (1), (3), or (4) of section 799B, section 801(2), or 
        section 865(d), or other health professions schools or programs 
        approved by the Secretary, for the establishment or operation of 
        Geriatrics Workforce Enhancement Programs that meet the 
        requirements of paragraph (2).
            ``(2) Requirements.--
                    ``(A) In general.--A Geriatrics Workforce 
                Enhancement Program receiving an award under this 
                section shall support the training of health 
                professionals in geriatrics, including traineeships or 
                fellowships. Such programs shall emphasize, as 
                appropriate, patient and family engagement, integration 
                of geriatrics with primary care and other appropriate 
                specialties, and collaboration with community partners 
                to address gaps in health care for older adults.
                    ``(B) Activities.--Activities conducted by a program 
                under this section may include the following:
                          ``(i) Clinical training on providing 
                      integrated geriatrics and primary care delivery 
                      services.
                          ``(ii) Interprofessional training to 
                      practitioners from multiple disciplines and 
                      specialties, including training on the provision 
                      of care to older adults.
                          ``(iii) Establishing or maintaining training-
                      related community-based programs for older adults 
                      and caregivers to improve health outcomes for 
                      older adults.
                          ``(iv) Providing education on Alzheimer's 
                      disease and related dementias to families and 
                      caregivers of older adults, direct care workers, 
                      and health professions students, faculty, and 
                      providers.
            ``(3) Duration.--Each grant, contract, or cooperative 
        agreement or contract awarded under paragraph (1) shall be for a 
        period not to exceed 5 years.
            ``(4) Applications.--To be eligible to receive a grant, 
        contract, or cooperative agreement under paragraph (1), an 
        entity

[[Page 134 STAT. 389]]

        described in such paragraph shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
            ``(5) Program requirements.--
                    ``(A) In general.--In awarding grants, contracts, 
                and cooperative agreements under paragraph (1), the 
                Secretary--
                          ``(i) shall give priority to programs that 
                      demonstrate coordination with another Federal or 
                      State program or another public or private entity;
                          ``(ii) shall give priority to applicants with 
                      programs or activities that are expected to 
                      substantially benefit rural or medically 
                      underserved populations of older adults, or serve 
                      older adults in Indian Tribes or Tribal 
                      organizations; and
                          ``(iii) may give priority to any program 
                      that--
                                    ``(I) integrates geriatrics into 
                                primary care practice;
                                    ``(II) provides training to 
                                integrate geriatric care into other 
                                specialties across care settings, 
                                including practicing clinical 
                                specialists, health care administrators, 
                                faculty without backgrounds in 
                                geriatrics, and students from all health 
                                professions;
                                    ``(III) emphasizes integration of 
                                geriatric care into existing service 
                                delivery locations and care across 
                                settings, including primary care 
                                clinics, medical homes, Federally 
                                qualified health centers, ambulatory 
                                care clinics, critical access hospitals, 
                                emergency care, assisted living and 
                                nursing facilities, and home- and 
                                community-based services, which may 
                                include adult daycare;
                                    ``(IV) supports the training and 
                                retraining of faculty, primary care 
                                providers, other direct care providers, 
                                and other appropriate professionals on 
                                geriatrics;
                                    ``(V) emphasizes education and 
                                engagement of family caregivers on 
                                disease management and strategies to 
                                meet the needs of caregivers of older 
                                adults; or
                                    ``(VI) proposes to conduct outreach 
                                to communities that have a shortage of 
                                geriatric workforce professionals.
                    ``(B) Special consideration.--In awarding grants, 
                contracts, and cooperative agreements under this 
                section, the Secretary shall give special consideration 
                to entities that provide services in areas with a 
                shortage of geriatric workforce professionals.
            ``(6) Priority.--The Secretary may provide awardees with 
        additional support for activities in areas of demonstrated need, 
        which may include education and training for home health 
        workers, family caregivers, and direct care workers on care for 
        older adults.
            ``(7) Reporting.--
                    ``(A) Reports from entities.--Each entity awarded a 
                grant, contract, or cooperative agreement under this 
                section shall submit an annual report to the Secretary 
                on

[[Page 134 STAT. 390]]

                the activities conducted under such grant, contract, or 
                cooperative agreement, which may include information on 
                the number of trainees, the number of professions and 
                disciplines, the number of partnerships with health care 
                delivery sites, the number of faculty and practicing 
                professionals who participated in such programs, and 
                other information, as the Secretary may require.
                    ``(B) <<NOTE: Summary.>>  Report to congress.--Not 
                later than 4 years after the date of enactment of the 
                Title VII Health Care Workforce Reauthorization Act of 
                2019 and every 5 years thereafter, the Secretary 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 report that 
                provides a summary of the activities and outcomes 
                associated with grants, contracts, and cooperative 
                agreements made under this section. Such reports shall 
                include--
                          ``(i) information on the number of trainees, 
                      faculty, and professionals who participated in 
                      programs under this section;
                          ``(ii) information on the impact of the 
                      program conducted under this section on the health 
                      status of older adults, including in areas with a 
                      shortage of health professionals; and
                          ``(iii) information on outreach and education 
                      provided under this section to families and 
                      caregivers of older adults.
                    ``(C) <<NOTE: Web posting.>>  Public availability.--
                The Secretary shall make reports submitted under 
                paragraph (B) publically available on the internet 
                website of the Department of Health and Human Services.

    ``(b) Geriatric Academic Career Awards.--
            ``(1) Establishment of program.--The Secretary shall, as 
        appropriate, establish or maintain a program to provide 
        geriatric academic career awards to eligible entities applying 
        on behalf of eligible individuals to promote the career 
        development of such individuals as academic geriatricians or 
        other academic geriatrics health professionals.
            ``(2) <<NOTE: Definitions.>>  Eligibility.--
                    ``(A) Eligible entity.--For purposes of this 
                subsection, the term `eligible entity' means--
                          ``(i) an entity described in paragraph (1), 
                      (3), or (4) of section 799B or section 801(2); or
                          ``(ii) another accredited health professions 
                      school or graduate program approved by the 
                      Secretary.
                    ``(B) Eligible individual.--For purposes of this 
                subsection, the term `eligible individual' means an 
                individual who--
                          ``(i)(I) is board certified or board eligible 
                      in internal medicine, family practice, psychiatry, 
                      or licensed dentistry, or has completed required 
                      training in a discipline and is employed in an 
                      accredited health professions school or graduate 
                      program that is approved by the Secretary; or
                          ``(II) has completed an approved fellowship 
                      program in geriatrics, or has completed specialty 
                      training in geriatrics as required by the 
                      discipline and any

[[Page 134 STAT. 391]]

                      additional geriatrics training as required by the 
                      Secretary; and
                          ``(ii) has a junior, nontenured, faculty 
                      appointment at an accredited health professions 
                      school or graduate program in geriatrics or a 
                      geriatrics health profession.
                    ``(C) Clarification.--If an eligible individual is 
                promoted during the period of an award under this 
                subsection and thereby no longer meets the criteria of 
                subparagraph (B)(ii), the individual shall continue to 
                be treated as an eligible individual through the term of 
                the award.
            ``(3) Application requirements.--In order to receive an 
        award under paragraph (1), an eligible entity, on behalf of an 
        eligible individual, shall--
                    ``(A) submit to the Secretary an application, at 
                such time, in such manner, and containing such 
                information as the Secretary may require;
                    ``(B) provide, in such form and manner as the 
                Secretary may require, assurances that the eligible 
                individual will meet the service requirement described 
                in paragraph (6); and
                    ``(C) provide, in such form and manner as the 
                Secretary may require, assurances that the individual 
                has a full-time faculty appointment in a health 
                professions institution and documented commitment from 
                such eligible entity that the individual will spend 75 
                percent of the individual's time that is supported by 
                the award on teaching and developing skills in 
                interdisciplinary education in geriatrics.
            ``(4) Equitable distribution.--In making awards under this 
        subsection, the Secretary shall seek to ensure geographical 
        distribution among award recipients, including among rural or 
        medically underserved areas of the United States.
            ``(5) Amount and duration.--
                    ``(A) Amount.--The amount of an award under this 
                subsection shall be at least $75,000 for fiscal year 
                2021, adjusted for subsequent years in accordance with 
                the consumer price index. <<NOTE: Determination.>>  The 
                Secretary shall determine the amount of an award under 
                this subsection for individuals who are not physicians.
                    ``(B) Duration.--The Secretary shall make awards 
                under paragraph (1) for a period not to exceed 5 years.
            ``(6) Service requirement.--An individual who receives an 
        award under this subsection shall provide training in clinical 
        geriatrics, including the training of interprofessional teams of 
        health care professionals. The provision of such training shall 
        constitute at least 75 percent of the obligations of such 
        individual under the award.

    ``(c) Nonapplicability of Provision.--Notwithstanding any other 
provision of this title, section 791(a) shall not apply to awards made 
under this section.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated $40,737,000 for each of fiscal years 2021 through 2025 for 
purposes of carrying out this section.''.
SEC. 3404. NURSING WORKFORCE DEVELOPMENT.

    (a) In General.--Title VIII of the Public Health Service Act (42 
U.S.C. 296 et seq.) is amended--

[[Page 134 STAT. 392]]

            (1) in section 801 (42 U.S.C. 296), by adding at the end the 
        following:
            ``(18) <<NOTE: Definition.>>  Nurse managed health clinic.--
        The term `nurse managed health clinic' means a nurse-practice 
        arrangement, managed by advanced practice nurses, that provides 
        primary care or wellness services to underserved or vulnerable 
        populations and that is associated with a school, college, 
        university or department of nursing, federally qualified health 
        center, or independent nonprofit health or social services 
        agency.'';
            (2) in section 802(c) (42 U.S.C. 296a(c)), by inserting ``, 
        and how such project aligns with the goals in section 806(a)'' 
        before the period in the second sentence;
            (3) in section 803(b) (42 U.S.C. 296b(b)), by adding at the 
        end the following: ``Such Federal funds are intended to 
        supplement, not supplant, existing non-Federal expenditures for 
        such activities.'';
            (4) in section 806 (42 U.S.C. 296e)--
                    (A) in subsection (a), by striking ``as needed to'' 
                and all that follows and inserting the following: ``as 
                needed to address national nursing needs, including--
            ``(1) addressing challenges, including through supporting 
        training and education of nursing students, related to the 
        distribution of the nursing workforce and existing or projected 
        nursing workforce shortages in geographic areas that have been 
        identified as having, or that are projected to have, a nursing 
        shortage;
            ``(2) increasing access to and the quality of health care 
        services, including by supporting the training of professional 
        registered nurses, advanced practice registered nurses, and 
        advanced education nurses within community based settings and in 
        a variety of health delivery system settings; or
            ``(3) addressing the strategic goals and priorities 
        identified by the Secretary and that are in accordance with this 
        title.

Contracts may <<NOTE: Contracts. Determination.>>  be entered into under 
this title with public or private entities as determined necessary by 
the Secretary.'';
                    (B) in subsection (b)(2), by striking ``a 
                demonstration'' and all that follows and inserting the 
                following: ``the reporting of data and information 
                demonstrating that satisfactory progress has been made 
                by the program or project in meeting the performance 
                outcome standards (as described in section 802) of such 
                program or project.'';
                    (C) in subsection (e)(2), by inserting ``, and have 
                relevant expertise and experience'' before the period at 
                the end of the first sentence; and
                    (D) by adding at the end the following:

    ``(i) Biennial Report on Nursing Workforce Program Improvements.--
Not <<NOTE: Assessment.>>  later than September 30, 2020, and biennially 
thereafter, the Secretary 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 report that contains an 
assessment of the programs and activities of the Department of Health 
and Human Services related to enhancing the nursing workforce, including 
the extent to which programs and activities under this title meet the 
identified goals and performance measures developed for the respective 
programs and activities, and the extent to which the Department 
coordinates with other

[[Page 134 STAT. 393]]

Federal departments regarding programs designed to improve the nursing 
workforce.'';
            (5) in section 811 (42 U.S.C. 296j)--
                    (A) in subsection (b)--
                          (i) by striking ``Master's'' and inserting 
                      ``graduate''; and
                          (ii) by inserting ``clinical nurse leaders,'' 
                      after ``nurse administrators,'';
                    (B) by redesignating subsections (f) and (g) as 
                subsections (g) and (h), respectively; and
                    (C) by inserting after subsection (e), the 
                following:

    ``(f) Authorized Clinical Nurse Specialist Programs.--Clinical nurse 
specialist programs eligible for support under this section are 
education programs that--
            ``(1) provide registered nurses with full-time clinical 
        nurse specialist education; and
            ``(2) have as their objective the education of clinical 
        nurse specialists who will, upon completion of such a program, 
        be qualified to effectively provide care through the wellness 
        and illness continuum to inpatients and outpatients experiencing 
        acute and chronic illness.''; and
            (6) in section 831 (42 U.S.C. 296p)--
                    (A) in the section heading, by striking ``and 
                quality grants'' and inserting ``quality, and retention 
                grants'';
                    (B) in subsection (b)(2), by striking ``other high-
                risk groups such as the elderly, individuals with HIV/
                AIDS, substance abusers, the homeless, and victims'' and 
                inserting ``high risk groups, such as the elderly, 
                individuals with HIV/AIDS, individuals with mental 
                health or substance use disorders, individuals who are 
                homeless, and survivors'';
                    (C) in subsection (c)(1)--
                          (i) in subparagraph (A)--
                                    (I) by striking ``advancement for 
                                nursing personnel'' and inserting the 
                                following: ``advancement for--
                          ``(i) nursing'';
                                    (II) by striking ``professional 
                                nurses, advanced education nurses, 
                                licensed practical nurses, certified 
                                nurse assistants, and home health 
                                aides'' and inserting ``professional 
                                registered nurses, advanced practice 
                                registered nurses, and nurses with 
                                graduate nursing education''; and
                                    (III) by adding at the end the 
                                following:
                          ``(ii) individuals including licensed 
                      practical nurses, licensed vocational nurses, 
                      certified nurse assistants, home health aides, 
                      diploma degree or associate degree nurses, and 
                      other health professionals, such as health aides 
                      or community health practitioners certified under 
                      the Community Health Aide Program of the Indian 
                      Health Service, to become registered nurses with 
                      baccalaureate degrees or nurses with graduate 
                      nursing education;'';
                          (ii) in subparagraph (B), by striking the 
                      period and inserting ``; and''; and
                          (iii) by adding at the end the following:

[[Page 134 STAT. 394]]

                    ``(C) developing and implementing internships, 
                accredited fellowships, and accredited residency 
                programs in collaboration with one or more accredited 
                schools of nursing, to encourage the mentoring and 
                development of specialties.'';
                    (D) by striking subsections (e) and (h);
                    (E) by redesignating subsections (f) and (g), as 
                subsections (e) and (f), respectively;
                    (F) in subsection (e) (as so redesignated), by 
                striking ``The Secretary shall submit to the Congress 
                before the end of each fiscal year'' and inserting ``As 
                part of the report on nursing workforce programs 
                described in section 806(i), the Secretary shall 
                include''; and
                    (G) in subsection (f) (as so redesignated), by 
                striking ``a school of nursing, as defined in section 
                801(2),,'' and inserting ``an accredited school of 
                nursing, as defined in section 801(2), a health care 
                facility, including federally qualified health centers 
                or nurse-managed health clinics, or a partnership of 
                such a school and facility'';
            (7) by striking section 831A (42 U.S.C. 296p-1);
            (8) in section 846 (42 U.S.C. 297n)--
                    (A) by striking the last sentence of subsection (a);
                    (B) in subsection (b)(1), by striking ``he began 
                such practice'' and inserting ``the individual began 
                such practice''; and
                    (C) in subsection (i), by striking ``Funding'' in 
                the subsection heading and all that follows through 
                ``paragraph (1)'' in paragraph (2), and inserting the 
                following: ``Allocations.--Of the amounts appropriated 
                under section 871(b),'';
            (9) in section 846A (42 U.S.C. 247n-1), by striking 
        subsection (f);
            (10) in section 847 (42 U.S.C. 297o), by striking subsection 
        (g);
            (11) in section 851 (42 U.S.C. 297t)--
                    (A) in subsection (b)(1)(A)(iv), by striking ``and 
                nurse anesthetists'' and inserting ``nurse anesthetists, 
                and clinical nurse specialists'';
                    (B) in subsection (d)(3)--
                          (i) by striking ``3 years after the date of 
                      enactment of this section'' and inserting ``2 
                      years after the date of enactment of the Title 
                      VIII Nursing Reauthorization Act'';
                          (ii) by striking ``Labor and Human Resources'' 
                      and inserting ``Health, Education, Labor, and 
                      Pensions''; and
                          (iii) by inserting ``Energy and'' before 
                      ``Commerce''; and
                    (C) in subsection (g), by striking ``under this 
                title'' and inserting ``for carrying out parts B, C, and 
                D'';
            (12) by striking sections 861 and 862 (42 U.S.C. 297w and 
        297x); and
            (13) in section 871 (42 U.S.C. 298d)--
                    (A) by striking ``For the purpose of'' and inserting 
                the following:

    ``(a) In General.--For the purpose of'';

[[Page 134 STAT. 395]]

                    (B) by striking ``$338,000,000 for fiscal year 2010, 
                and such sums as may be necessary for each of the fiscal 
                years 2011 through 2016'' and inserting ``$137,837,000 
                for each of fiscal years 2021 through 2025''; and
                    (C) by adding at the end the following:

    ``(b) Part E.--For the purpose of carrying out part E, there are 
authorized to be appropriated $117,135,000 for each of the fiscal years 
2021 through 2025.''.
    (b) Evaluation and Report on Nurse Loan Repayment Programs.--
            (1) Evaluation.--The Comptroller General shall conduct an 
        evaluation of the nurse loan repayment programs administered by 
        the Health Resources and Services Administration. Such 
        evaluation shall include--
                    (A) the manner in which payments are made under such 
                programs;
                    (B) the existing oversight functions necessary to 
                ensure the proper use of such programs, including 
                payments made as part of such programs;
                    (C) the identification of gaps, if any, in oversight 
                functions; and
                    (D) information on the number of nurses assigned to 
                facilities pursuant to such programs, including the type 
                of facility to which nurses are assigned and the impact 
                of modifying the eligibility requirements for programs 
                under section 846 of the Public Health Service Act (42 
                U.S.C. 297n), such as the impact on entities to which 
                nurses had previously been assigned prior to fiscal year 
                2019 (such as federally qualified health centers and 
                facilities affiliated with the Indian Health Service).
            (2) <<NOTE: Recommenda- tions.>>  Report.--Not later than 18 
        months after the enactment of this Act, the Comptroller General 
        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 report on the evaluation 
        under paragraph (1), which may include recommendations to 
        improve relevant nursing workforce loan repayment programs.

Subtitle <<NOTE: COVID-19 Pandemic Education Relief Act of 2020. 20 USC 
1001 note.>>  B--Education Provisions
SEC. 3501. SHORT TITLE.

    This subtitle may be cited as the ``COVID-19 Pandemic Education 
Relief Act of 2020''.
SEC. 3502. <<NOTE: 20 USC 1001 note.>>  DEFINITIONS.

    (a) Definitions.--In this subtitle:
            (1) Coronavirus.--The term ``coronavirus'' has the meaning 
        given the term in section 506 of the Coronavirus Preparedness 
        and Response Supplemental Appropriations Act, 2020 (Public Law 
        116-123).
            (2) Foreign institution.--The term ``foreign institution'' 
        means an institution of higher education located outside the 
        United States that is described in paragraphs (1)(C) and (2) of 
        section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1002(a)).

[[Page 134 STAT. 396]]

            (3) Institution of higher education.--The term ``institution 
        of higher education'' has the meaning of the term under section 
        102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
            (4) Qualifying emergency.--The term ``qualifying emergency'' 
        means--
                    (A) a public health emergency related to the 
                coronavirus declared by the Secretary of Health and 
                Human Services pursuant to section 319 of the Public 
                Health Service Act (42 U.S.C. 247d);
                    (B) an event related to the coronavirus for which 
                the President declared a major disaster or an emergency 
                under section 401 or 501, respectively, of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5170 and 5191); or
                    (C) a national emergency related to the coronavirus 
                declared by the President under section 201 of the 
                National Emergencies Act (50 U.S.C. 1601 et seq.).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
SEC. 3503. <<NOTE: 20 USC 1001 note.>>  CAMPUS-BASED AID WAIVERS.

    (a) Waiver of Non-federal Share Requirement.--Notwithstanding 
sections 413C(a)(2) and 443(b)(5) of the Higher Education Act of 1965 
(20 U.S.C. 1070b-2(a)(2) and 1087-53(b)(5)), with respect to funds made 
available for award years 2019-2020 and 2020-2021, the Secretary shall 
waive the requirement that a participating institution of higher 
education provide a non-Federal share to match Federal funds provided to 
the institution for the programs authorized pursuant to subpart 3 of 
part A and part C of title IV of the Higher Education Act of 1965 (20 
U.S.C. 1070b et seq. and 1087-51 et seq.) for all awards made under such 
programs during such award years, except nothing in this subsection 
shall affect the non-Federal share requirement under section 443(c)(3) 
that applies to private for-profit organizations.
    (b) Authority to Reallocate.--Notwithstanding sections 413D, 442, 
and 488 of the Higher Education Act of 1965 (20 U.S.C. 1070b-3, 1087-52, 
and 1095), during a period of a qualifying emergency, an institution may 
transfer up to 100 percent of the institution's unexpended allotment 
under section 442 of such Act to the institution's allotment under 
section 413D of such Act, but may not transfer any funds from the 
institution's unexpended allotment under section 413D of such Act to the 
institution's allotment under section 442 of such Act.
SEC. 3504. <<NOTE: 20 USC 1001 note.>>  USE OF SUPPLEMENTAL 
                          EDUCATIONAL OPPORTUNITY GRANTS FOR 
                          EMERGENCY AID.

    (a) In General.--Notwithstanding section 413B of the Higher 
Education Act of 1965 (20 U.S.C. 1070b-1), an institution of higher 
education may reserve any amount of an institution's allocation under 
subpart 3 of part A of title IV of the Higher Education Act of 1965 (20 
U.S.C. 1070b et seq.) for a fiscal year to award, in such fiscal year, 
emergency financial aid grants to assist undergraduate or graduate 
students for unexpected expenses and unmet financial need as the result 
of a qualifying emergency.
    (b) Determinations.--In determining eligibility for and awarding 
emergency financial aid grants under this section, an institution of 
higher education may--

[[Page 134 STAT. 397]]

            (1) waive the amount of need calculation under section 471 
        of the Higher Education Act of 1965 (20 U.S.C. 1087kk);
            (2) allow for a student affected by a qualifying emergency 
        to receive funds in an amount that is not more than the maximum 
        Federal Pell Grant for the applicable award year; and
            (3) utilize a contract with a scholarship-granting 
        organization designated for the sole purpose of accepting 
        applications from or disbursing funds to students enrolled in 
        the institution of higher education, if such scholarship-
        granting organization disburses the full allocated amount 
        provided to the institution of higher education to the 
        recipients.

    (c) Special Rule.--Any emergency financial aid grants to students 
under this section shall not be treated as other financial assistance 
for the purposes of section 471 of the Higher Education Act of 1965 (20 
U.S.C. 1087kk).
SEC. 3505. <<NOTE: 20 USC 1001 note.>>  FEDERAL WORK-STUDY DURING 
                          A QUALIFYING EMERGENCY.

    (a) <<NOTE: Time period.>>  In General.--In the event of a 
qualifying emergency, an institution of higher education participating 
in the program under part C of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1087-51 et seq.) may make payments under such part to 
affected work-study students, for the period of time (not to exceed one 
academic year) in which affected students were unable to fulfill the 
students' work-study obligation for all or part of such academic year 
due to such qualifying emergency, as follows:
            (1) Payments may be made under such part to affected work-
        study students in an amount equal to or less than the amount of 
        wages such students would have been paid under such part had the 
        students been able to complete the work obligation necessary to 
        receive work study funds, as a one time grant or as multiple 
        payments.
            (2) Payments shall not be made to any student who was not 
        eligible for work study or was not completing the work 
        obligation necessary to receive work study funds under such part 
        prior to the occurrence of the qualifying emergency.
            (3) Any payments made to affected work-study students under 
        this subsection shall meet the matching requirements of section 
        443 of the Higher Education Act of 1965 (20 U.S.C. 1087-53), 
        unless such matching requirements are waived by the Secretary.

    (b) Definition of Affected Work-study Student.--In this section, the 
term ``affected work-study student'' means a student enrolled at an 
eligible institution participating in the program under part C of title 
IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.) who--
            (1) received a work-study award under section 443 of the 
        Higher Education Act of 1965 (20 U.S.C. 1087-53) for the 
        academic year during which a qualifying emergency occurred;
            (2) earned Federal work-study wages from such eligible 
        institution for such academic year; and
            (3) was prevented from fulfilling the student's work-study 
        obligation for all or part of such academic year due to such 
        qualifying emergency.

[[Page 134 STAT. 398]]

SEC. 3506. <<NOTE: 20 USC 1001 note.>>  ADJUSTMENT OF SUBSIDIZED 
                          LOAN USAGE LIMITS.

     Notwithstanding section 455(q)(3) of the Higher Education Act of 
1965 (20 U.S.C. 1087e(q)(3)), the Secretary shall exclude from a 
student's period of enrollment for purposes of loans made under part D 
of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et 
seq.) any semester (or the equivalent) that the student does not 
complete due to a qualifying emergency, if the Secretary is able to 
administer such policy in a manner that limits complexity and the burden 
on the student.
SEC. 3507. <<NOTE: 20 USC 1001 note.>>  EXCLUSION FROM FEDERAL 
                          PELL GRANT DURATION LIMIT.

    The Secretary shall exclude from a student's Federal Pell Grant 
duration limit under section 401(c)(5) of the Higher Education Act of 
1965 (2 U.S.C. 1070a(c)(5)) any semester (or the equivalent) that the 
student does not complete due to a qualifying emergency if the Secretary 
is able to administer such policy in a manner that limits complexity and 
the burden on the student.
SEC. 3508. <<NOTE: 20 USC 1001 note.>>  INSTITUTIONAL REFUNDS AND 
                          FEDERAL STUDENT LOAN FLEXIBILITY.

    (a) Institutional Waiver.--
            (1) In general.--The Secretary shall waive the institutional 
        requirement under section 484B of the Higher Education Act of 
        1965 (20 U.S.C. 1091b) with respect to the amount of grant or 
        loan assistance (other than assistance received under part C of 
        title IV of such Act) to be returned under such section if a 
        recipient of assistance under title IV of the Higher Education 
        Act of 1965 (20 U.S.C. 1070 et seq.) withdraws from the 
        institution of higher education during the payment period or 
        period of enrollment as a result of a qualifying emergency.
            (2) <<NOTE: Requirements.>>  Waivers.--The Secretary shall 
        require each institution using a waiver relating to the 
        withdrawal of recipients under this subsection to report the 
        number of such recipients, the amount of grant or loan 
        assistance (other than assistance received under part C of title 
        IV of such Act) associated with each such recipient, and the 
        total amount of grant or loan assistance (other than assistance 
        received under part C of title IV of such Act) for which each 
        institution has not returned assistance under title IV to the 
        Secretary.

    (b) Student Waiver.--The Secretary shall waive the amounts that 
students are required to return under section 484B of the Higher 
Education Act of 1965 (20 U.S.C. 1091b) with respect to Federal Pell 
Grants or other grant assistance if the withdrawals on which the returns 
are based, are withdrawals by students who withdrew from the institution 
of higher education as a result of a qualifying emergency.
    (c) Canceling Loan Obligation.--Notwithstanding any other provision 
of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the 
Secretary shall cancel the borrower's obligation to repay the entire 
portion of a loan made under part D of title IV of such Act (20 U.S.C. 
1087a et seq.) associated with a payment period for a recipient of such 
loan who withdraws from the institution of higher education during the 
payment period as a result of a qualifying emergency.
    (d) Approved Leave of Absence.--Notwithstanding any other provision 
of the Higher Education Act of 1965 (20 U.S.C. 1001

[[Page 134 STAT. 399]]

et seq.), for purposes of receiving assistance under title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), an institution of 
higher education may, as a result of a qualifying emergency, provide a 
student with an approved leave of absence that does not require the 
student to return at the same point in the academic program that the 
student began the leave of absence if the student returns within the 
same semester (or the equivalent).
SEC. 3509. <<NOTE: 20 USC 1001 note.>>  SATISFACTORY ACADEMIC 
                          PROGRESS.

    Notwithstanding section 484 of the Higher Education Act of 1965 (20 
U.S.C. 1091), in determining whether a student is maintaining 
satisfactory academic progress for purposes of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070 et seq.), an institution of higher 
education may, as a result of a qualifying emergency, exclude from the 
quantitative component of the calculation any attempted credits that 
were not completed by such student without requiring an appeal by such 
student.
SEC. 3510. <<NOTE: 20 USC 1001 note.>>  CONTINUING EDUCATION AT 
                          AFFECTED FOREIGN INSTITUTIONS.

    (a) In General.--Notwithstanding section 481(b) of the Higher 
Education Act of 1965 (20 U.S.C. 1088(b)), with respect to a foreign 
institution, in the case of a public health emergency, major disaster or 
emergency, or national emergency declared by the applicable government 
authorities in the country in which the foreign institution is located, 
the Secretary may permit any part of an otherwise eligible program to be 
offered via distance education for the duration of such emergency or 
disaster and the following payment period for purposes of title IV of 
the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
    (b) <<NOTE: Time periods.>>  Eligibility.--An otherwise eligible 
program that is offered in whole or in part through distance education 
by a foreign institution between March 1, 2020, and the date of 
enactment of this Act shall be deemed eligible for the purposes of part 
D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et 
seq.) for the duration of the qualifying emergency and the following 
payment period for purposes of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1070 et seq.). <<NOTE: Reports. Deadlines.>>  An 
institution of higher education that uses the authority provided in the 
previous sentence shall report such use to the Secretary--
            (1) for the 2019-2020 award year, not later than June 30, 
        2020; and
            (2) for an award year subsequent to the 2019-2020 award 
        year, not later than 30 days after such use.

    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, and every 180 days thereafter for the duration of the 
qualifying emergency and the following payment period, the Secretary 
shall submit to the authorizing committees (as defined in section 103 of 
the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that 
identifies each foreign institution that carried out a distance 
education program authorized under this section.
    (d) Written Arrangements.--
            (1) In general.--Notwithstanding section 102 of the Higher 
        Education Act of 1965 (20 U.S.C. 1002), for the duration of a 
        qualifying emergency and the following payment period, the 
        Secretary may allow a foreign institution to enter into a 
        written arrangement with an institution of higher education 
        located in the United States that participates in the Federal

[[Page 134 STAT. 400]]

        Direct Loan Program under part D of title IV of the Higher 
        Education Act of 1965 (20 U.S.C. 1087a et seq.) for the purpose 
        of allowing a student of the foreign institution who is a 
        borrower of a loan made under such part to take courses from the 
        institution of higher education located in the United States.
            (2) Form of arrangements.--
                    (A) Public or other nonprofit institutions.--A 
                foreign institution that is a public or other nonprofit 
                institution may enter into a written arrangement under 
                subsection (a) only with an institution of higher 
                education described in section 101 of such Act (20 
                U.S.C. 1001).
                    (B) Other institutions.--A foreign institution that 
                is a graduate medical school, nursing school, or a 
                veterinary school and that is not a public or other 
                nonprofit institution may enter into a written 
                arrangement under subsection (a) with an institution of 
                higher education described in section 101 or section 102 
                of such Act (20 U.S.C. 1001 and 1002).
            (3) <<NOTE: Deadlines.>>  Report on use.--An institution of 
        higher education that uses the authority described in paragraph 
        (2) shall report such use to the Secretary--
                    (A) for the 2019-2020 award year, not later than 
                June 30, 2020; and
                    (B) for an award year subsequent to the 2019-2020 
                award year, not later than 30 days after such use.
            (4) Report from the secretary.--Not later than 180 days 
        after the date of enactment of this Act, and every 180 days 
        thereafter for the duration of the qualifying emergency and the 
        following payment period, the Secretary shall submit to the 
        authorizing committees (as defined in section 103 of the Higher 
        Education Act of 1965 (20 U.S.C. 1003)) a report that identifies 
        each foreign institution that entered into a written arrangement 
        authorized under subsection (a).
SEC. 3511. <<NOTE: Determinations. 20 USC 7861 note.>>  NATIONAL 
                          EMERGENCY EDUCATIONAL WAIVERS.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary may, upon the request of a State educational agency or Indian 
tribe, waive any statutory or regulatory provision described under 
paragraphs (1) and (2) of subsection (b), and upon the request of a 
local educational agency, waive any statutory or regulatory provision 
described under paragraph (2) of subsection (b), if the Secretary 
determines that such a waiver is necessary and appropriate due to the 
emergency involving Federal primary responsibility determined to exist 
by the President under the section 501(b) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with 
respect to the Coronavirus Disease 2019 (COVID-19).
    (b) Applicable Provisions of Law.--
            (1) Streamlined waivers.--The Secretary shall create an 
        expedited application process to request a waiver and the 
        Secretary may waive any statutory or regulatory requirements for 
        a State educational agency (related to assessments, 
        accountability, and reporting requirements related to 
        assessments and accountability), if the Secretary determines 
        that such a waiver is necessary and appropriate as described in 
        subsection (a), under the following provisions of law:

[[Page 134 STAT. 401]]

                    (A) The following provisions under section 1111 of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311):
                          (i) Paragraphs (2) and (3) of subsection (b).
                          (ii) Subsection (c)(4).
                          (iii) Subparagraphs (C) and (D) of subsection 
                      (d)(2).
                          (iv) The following provisions under subsection 
                      (h) of such section 1111:
                                    (I) Clauses (i), (ii), (iii)(I), 
                                (iv), (v), (vi), (vii), and (xi) of 
                                paragraph (1)(C).
                                    (II) Paragraph (2)(C) with respect 
                                to the waived requirements under 
                                subclause (I).
                                    (III) Clauses (i) and (ii) of 
                                paragraph (2)(C).
                    (B) Section 421(b) of the General Education 
                Provisions Act (20 U.S.C. 1225(b)).
            (2) State and locally-requested waivers.--For a State 
        educational agency, local educational agency, or Indian tribe 
        that receives funds under a program authorized under the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
        et seq.) that requests a waiver under subsection (c), the 
        Secretary may waive statutory and regulatory requirements under 
        any of the following provisions of such Act:
                    (A) Section 1114(a)(1).
                    (B) Section 1118(a) and section 8521.
                    (C) Section 1127.
                    (D) Section 4106(d).
                    (E) Subparagraphs (C), (D), and (E) of section 
                4106(e)(2).
                    (F) Section 4109(b).
                    (G) The definition under section 8101(42) for 
                purposes of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 6301 et seq.).
            (3) Applicability to charter schools.--Any waivers issued by 
        the Secretary under this section shall be implemented, as 
        applicable--
                    (A) for all public schools, including public charter 
                schools within the boundaries of the recipient of the 
                waiver;
                    (B) in accordance with State charter school law; and
                    (C) pursuant to section 1111(c)(5) of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 
                6311(c)(5)).
            (4) Limitation.--Nothing in this section shall be construed 
        to allow the Secretary to waive any statutory or regulatory 
        requirements under applicable civil rights laws.
            (5) Accountability and improvement.--Any school located in a 
        State that receives a waiver under paragraph (1) and that is 
        identified for comprehensive support and improvement, targeted 
        support and improvement, or additional targeted support in the 
        2019-2020 school year under section 1111(c)(4)(D) or section 
        1111(d)(2) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6311(c)(4)(D) or (d)(2)) shall maintain that 
        identification status in the 2020-2021 school year and continue 
        to receive supports and interventions consistent with the 
        school's support and improvement plan in the 2020-2021 school 
        year.

    (c) State and Local Requests for Waivers.--
            (1) In general.--A State educational agency, local 
        educational agency, or Indian tribe that desires a waiver from

[[Page 134 STAT. 402]]

        any statutory or regulatory provision described under subsection 
        (b)(2), may submit a waiver request to the Secretary in 
        accordance with this subsection.
            (2) Requests submitted.--A request for a waiver under this 
        subsection shall--
                    (A) identify the Federal programs affected by the 
                requested waiver;
                    (B) describe which Federal statutory or regulatory 
                requirements are to be waived;
                    (C) describe how the emergency involving Federal 
                primary responsibility determined to exist by the 
                President under the section 501(b) of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5191(b)) with respect to the Coronavirus 
                Disease 2019 (COVID-19) prevents or otherwise restricts 
                the ability of the State, State educational agency, 
                local educational agency, Indian tribe, or school to 
                comply with such statutory or regulatory requirements; 
                and
                    (D) provide an assurance that the State educational 
                agency, local educational agency, or Indian tribe will 
                work to mitigate any negative effects, if any, that may 
                occur as a result of the requested waiver.
            (3) Secretary approval.--
                    (A) <<NOTE: Deadline.>>  In general.--Except as 
                provided under subparagraph (B), the Secretary shall 
                approve or disapprove a waiver request submitted under 
                paragraph (1) not more than 30 days after the date on 
                which such request is submitted.
                    (B) Exceptions.--The Secretary may disapprove a 
                waiver request submitted under paragraph (1), only if 
                the Secretary determines that--
                          (i) the waiver request does not meet the 
                      requirements of this section;
                          (ii) the waiver is not permitted pursuant to 
                      subsection (b)(2); or
                          (iii) the description required under paragraph 
                      (2)(C) provides insufficient information to 
                      demonstrate that the waiving of such requirements 
                      is necessary or appropriate consistent with 
                      subsection (a).
            (4) Duration.--A waiver approved by the Secretary under this 
        section may be for a period not to exceed the 2019-2020 academic 
        year, except to carry out full implementation of any maintenance 
        of effort waivers granted during the 2019-2020 academic year.

    (d) Reporting and Publication.--
            (1) <<NOTE: State and local government. Web posting.>>  
        Public notice.--A State educational agency, Indian Tribe, or 
        local educational agency requesting a waiver under subsection 
        (b)(2) shall provide the public and all local educational 
        agencies in the State with notice of, and the opportunity to 
        comment on, the request by posting information regarding the 
        waiver request and the process for commenting on the State 
        website.
            (2) <<NOTE: Deadline.>>  Notifying congress.--Not later than 
        7 days after granting a waiver under this section, the Secretary 
        shall notify the Committee on Health, Education, Labor, and 
        Pensions of the Senate, the Committee on Appropriations of the 
        Senate,

[[Page 134 STAT. 403]]

        the Committee on Education and Labor of the House of 
        Representatives, and the Committee on Appropriations of the 
        House of Representatives of such waiver.
            (3) <<NOTE: Deadline. Federal 
        Register, publication. Notice. Web posting.>>  Publication.--Not 
        later than 30 days after granting a waiver under this section, 
        the Secretary shall publish a notice of the Secretary's decision 
        (including which waiver was granted and the reason for granting 
        the waiver) in the Federal Register and on the website of the 
        Department of Education.
            (4) <<NOTE: Recommenda- tions.>>  Report.--Not later than 30 
        days after the date of enactment of this Act, the Secretary 
        shall prepare and submit a report to the Committee on Health, 
        Education, Labor, and Pensions and the Committee on 
        Appropriations of the Senate, and the Committee on Education and 
        Labor and the Committee on Appropriations of the House of 
        Representatives, with recommendations on any additional waivers 
        under the Individuals with Disabilities Education Act (20 U.S.C. 
        1401 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et 
        seq.), the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6301 et seq.), and the Carl D. Perkins Career and 
        Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) the 
        Secretary believes are necessary to be enacted into law to 
        provide limited flexibility to States and local educational 
        agencies to meet the needs of students during the emergency 
        involving Federal primary responsibility determined to exist by 
        the President under section 501(b) of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) 
        with respect to the Coronavirus Disease 2019 (COVID-19).

    (e) <<NOTE: Definition.>>  Terms.--In this section, the term ``State 
educational agency'' includes the Bureau of Indian Education, and the 
term ``local educational agency'' includes Bureau of Indian Education 
funded schools operated pursuant to a grant under the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), or a contract 
under the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 5301 et seq.).
SEC. 3512. <<NOTE: 20 USC 1001 note.>>  HBCU CAPITAL FINANCING.

    (a) Deferment Period.--
            (1) In general.--Notwithstanding any provision of title III 
        of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.), or 
        any regulation promulgated under such title, the Secretary may 
        grant a deferment, for the duration of a qualifying emergency, 
        to an institution that has received a loan under part D of title 
        III of such Act (20 U.S.C. 1066 et seq.).
            (2) Terms.--During the deferment period granted under this 
        subsection--
                    (A) the institution shall not be required to pay any 
                periodic installment of principal or interest required 
                under the loan agreement for such loan; and
                    (B) the Secretary shall make principal and interest 
                payments otherwise due under the loan agreement.
            (3) Closing.--At the closing of a loan deferred under this 
        subsection, terms shall be set under which the institution shall 
        be required to repay the Secretary for the payments of principal 
        and interest made by the Secretary during the deferment, on a 
        schedule that begins upon repayment to the lender in full on the 
        loan agreement, except in no case shall repayment

[[Page 134 STAT. 404]]

        be required to begin before the date that is 1 full fiscal year 
        after the date that is the end of the qualifying emergency.

    (b) Termination Date.--
            (1) In general.--The authority provided under this section 
        to grant a loan deferment under subsection (a) shall terminate 
        on the date on which the qualifying emergency is no longer in 
        effect.
            (2) Duration.--Any provision of a loan agreement or 
        insurance agreement modified by the authority under this section 
        shall remain so modified for the duration of the period covered 
        by the loan agreement or insurance agreement.

    (c) <<NOTE: Time period.>>  Report.--Not later than 180 days after 
the date of enactment of this Act, and every 180 days thereafter during 
the period beginning on the first day of the qualifying emergency and 
ending on September 30 of the fiscal year following the end of the 
qualifying emergency, the Secretary shall submit to the authorizing 
committees (as defined in section 103 of the Higher Education Act of 
1965 (20 U.S.C. 1003)) a report that identifies each institution that 
received assistance under this section.

    (d) Funding.--There is hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, $62,000,000 to carry out this 
section.
SEC. 3513. <<NOTE: 20 USC 1001 note.>>  TEMPORARY RELIEF FOR 
                          FEDERAL STUDENT LOAN BORROWERS.

    (a) In General.--The Secretary shall suspend all payments due for 
loans made under part D and part B (that are held by the Department of 
Education) of title IV of the Higher Education Act of 1965 (20 U.S.C. 
1087a et seq.; 1071 et seq.) through September 30, 2020.
    (b) No Accrual of Interest.--Notwithstanding any other provision of 
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), interest 
shall not accrue on a loan described under subsection (a) for which 
payment was suspended for the period of the suspension.
    (c) Consideration of Payments.--Notwithstanding any other provision 
of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the 
Secretary shall deem each month for which a loan payment was suspended 
under this section as if the borrower of the loan had made a payment for 
the purpose of any loan forgiveness program or loan rehabilitation 
program authorized under part D or B of title IV of the Higher Education 
Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.) for which the 
borrower would have otherwise qualified.
    (d) Reporting to Consumer Reporting Agencies.--During the period in 
which the Secretary suspends payments on a loan under subsection (a), 
the Secretary shall ensure that, for the purpose of reporting 
information about the loan to a consumer reporting agency, any payment 
that has been suspended is treated as if it were a regularly scheduled 
payment made by a borrower.
    (e) Suspending Involuntary Collection.--During the period in which 
the Secretary suspends payments on a loan under subsection (a), the 
Secretary shall suspend all involuntary collection related to the loan, 
including--
            (1) a wage garnishment authorized under section 488A of the 
        Higher Education Act of 1965 (20 U.S.C. 1095a) or section 3720D 
        of title 31, United States Code;

[[Page 134 STAT. 405]]

            (2) a reduction of tax refund by amount of debt authorized 
        under section 3720A of title 31, United States Code, or section 
        6402(d) of the Internal Revenue Code of 1986;
            (3) a reduction of any other Federal benefit payment by 
        administrative offset authorized under section 3716 of title 31, 
        United States Code (including a benefit payment due to an 
        individual under the Social Security Act or any other provision 
        described in subsection (c)(3)(A)(i) of such section); and
            (4) any other involuntary collection activity by the 
        Secretary.

    (f) Waivers.--In carrying out this section, the Secretary may waive 
the application of--
            (1) subchapter I of chapter 35 of title 44, United States 
        Code (commonly known as the ``Paperwork Reduction Act'');
            (2) the master calendar requirements under section 482 of 
        the Higher Education Act of 1965 (20 U.S.C. 1089);
            (3) negotiated rulemaking under section 492 of the Higher 
        Education Act of 1965 (20 U.S.C. 1098a); and
            (4) <<NOTE: Notices. Deadline.>>  the requirement to publish 
        the notices related to the system of records of the agency 
        before implementation required under paragraphs (4) and (11) of 
        section 552a(e) of title 5, United States Code (commonly known 
        as the ``Privacy Act of 1974''), except that the notices shall 
        be published not later than 180 days after the date of enactment 
        of this Act.

    (g) Notice to Borrowers and Transition Period.--To inform borrowers 
of the actions taken in accordance with this section and ensure an 
effective transition, the Secretary shall--
            (1) <<NOTE: Deadline.>>  not later than 15 days after the 
        date of enactment of this Act, notify borrowers--
                    (A) of the actions taken in accordance with 
                subsections (a) and (b) for whom payments have been 
                suspended and interest waived;
                    (B) of the actions taken in accordance with 
                subsection (e) for whom collections have been suspended;
                    (C) of the option to continue making payments toward 
                principal; and
                    (D) that the program under this section is a 
                temporary program.
            (2) <<NOTE: Effective date.>>  beginning on August 1, 2020, 
        carry out a program to provide not less than 6 notices by postal 
        mail, telephone, or electronic communication to borrowers 
        indicating--
                    (A) when the borrower's normal payment obligations 
                will resume; and
                    (B) that the borrower has the option to enroll in 
                income-driven repayment, including a brief description 
                of such options.
SEC. 3514. <<NOTE: 42 USC 12501 note.>>  PROVISIONS RELATED TO THE 
                          CORPORATION FOR NATIONAL AND COMMUNITY 
                          SERVICE.

    (a) Accrual of Service Hours.--
            (1) Accrual through other service hours.--
                    (A) In general.--Notwithstanding any other provision 
                of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
                4950 et seq.) or the National and Community Service Act 
                of 1990 (42 U.S.C. 12501 et seq.), the Corporation for 
                National and Community Service shall allow an individual 
                described in subparagraph (B) to accrue other service 
                hours

[[Page 134 STAT. 406]]

                that will count toward the number of hours needed for 
                the individual's education award.
                    (B) <<NOTE: Applicability.>>  Affected 
                individuals.--Subparagraph (A) shall apply to any 
                individual serving in a position eligible for an 
                educational award under subtitle D of title I of the 
                National and Community Service Act of 1990 (42 U.S.C. 
                12601 et seq.)--
                          (i) who is performing limited service due to 
                      COVID-19; or
                          (ii) whose position has been suspended or 
                      placed on hold due to COVID-19.
            (2) Provisions in case of early exit.--In any case where an 
        individual serving in a position eligible for an educational 
        award under subtitle D of title I of the National and Community 
        Service Act of 1990 (42 U.S.C. 12601 et seq.) was required to 
        exit the position early at the direction of the Corporation for 
        National and Community Service, the Chief Executive Officer of 
        the Corporation for National and Community Service may--
                    (A) deem such individual as having met the 
                requirements of the position; and
                    (B) award the individual the full value of the 
                educational award under such subtitle for which the 
                individual would otherwise have been eligible.

    (b) Availability of Funds.--Notwithstanding any other provision of 
law, all funds made available to the Corporation for National and 
Community Service under any Act, including the amounts appropriated to 
the Corporation under the headings ``operating expenses'', ``salaries 
and expenses'', and ``office of the inspector general'' under the 
heading ``Corporation for National and Community Service'' under title 
IV of Division A of the Further Consolidated Appropriations Act, 2020 
(Public Law 116-94), shall remain available for the fiscal year ending 
September 30, 2021.
    (c) No Required Return of Grant Funds.--Notwithstanding section 
129(l)(3)(A)(i) of the National and Community Service Act of 1990 (42 
U.S.C. 12581(l)(3)(A)(i)), the Chief Executive Officer of the 
Corporation for National and Community Service may permit fixed-amount 
grant recipients under such section 129(l) to maintain a pro rata amount 
of grant funds, at the discretion of the Corporation for National and 
Community Service, for participants who exited, were suspended, or are 
serving in a limited capacity due to COVID-19, to enable the grant 
recipients to maintain operations and to accept participants.
    (d) <<NOTE: Time period.>>  Extension of Terms and Age Limits.--
Notwithstanding any other provision of law, the Corporation for National 
and Community Service may extend the term of service (for a period not 
to exceed the 1-year period immediately following the end of the 
national emergency) or waive any upper age limit (except in no case 
shall the maximum age exceed 26 years of age) for national service 
programs carried out by the National Civilian Community Corps under 
subtitle E of title I of the National and Community Service Act of 1990 
(42 U.S.C. 12611 et seq.), and the participants in such programs, for 
the purposes of--
            (1) addressing disruptions due to COVID-19; and
            (2) minimizing the difficulty in returning to full operation 
        due to COVID-19 on such programs and participants.

[[Page 134 STAT. 407]]

SEC. 3515. <<NOTE: 29 USC 3163 note.>>  WORKFORCE RESPONSE 
                          ACTIVITIES.

    (a) Administrative Costs.--Notwithstanding section 128(b)(4) of the 
Workforce Innovation Opportunity Act (29 U.S.C. 3163(b)(4)), of the 
total amount allocated to a local area (including the total amount 
allotted to a single State local area) under subtitle B of title I of 
such Act (29 U.S.C. 3151 et seq.) for program year 2019, not more than 
20 percent of the total amount 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, if the portion of the 
total amount that exceeds 10 percent of the total amount is used to 
respond to a qualifying emergency.
    (b) Rapid Response Activities.--
            (1) Statewide rapid response.--Of the funds reserved by a 
        Governor for program year 2019 for statewide activities under 
        section 128(a) of the Workforce Innovation and Opportunity Act 
        (29 U.S.C. 3163(a)) that remain unobligated, such funds may be 
        used for statewide rapid response activities as described in 
        section 134(a)(2)(A) of such Act (29 U.S.C. 3174(a)(2)(A)) for 
        responding to a qualifying emergency.
            (2) <<NOTE: Deadline.>>  Local boards.--Of the funds 
        reserved by a Governor for program year 2019 under section 
        133(a)(2) of such Act (29 U.S.C. 3173(a)(2)) that remain 
        unobligated, such funds may be released within 30 days after the 
        date of enactment of this Act to the local boards most impacted 
        by the coronavirus at the determination of the Governor for 
        rapid response activities related to responding to a qualifying 
        emergency.

    (c) Definitions.--Except as otherwise provided, the terms in this 
section have the meanings given the terms in section 3 of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3102).
SEC. 3516. TECHNICAL AMENDMENTS.

    (a) In General.--
            (1) Section 6103(a)(3) of the Internal Revenue Code of 1986, 
        as amended by the FUTURE Act <<NOTE: 26 USC 6103.>>  (Public Law 
        116-91), is further amended by striking ``(13), (16)'' and 
        inserting ``(13)(A), (13)(B), (13)(C), (13)(D)(i), (16)''.
            (2) Section 6103(p)(3)(A) of such Code, as so amended, is 
        further amended by striking ``(12),'' and inserting ``(12), 
        (13)(A), (13)(B), (13)(C), (13)(D)(i)''.
            (3) Section 6103(p)(4) of such Code, as so amended, is 
        further amended by striking ``(13) or (16)'' each place it 
        appears and inserting ``(13), or (16)''.
            (4) Section 6103(p)(4) of such Code, as so amended and as 
        amended by paragraph (3), is further amended by striking 
        ``(13)'' each place it appears and inserting ``(13)(A), (13)(B), 
        (13)(C), (13)(D)(i)''.
            (5) Section 6103(l)(13)(C)(ii) of such Code, as added by the 
        FUTURE Act (Public Law 116-91), is amended by striking ``section 
        236A(e)(4)'' and inserting ``section 263A(e)(4)''.

    (b) <<NOTE: 26 USC 6103 note.>>  Effective Date.--The amendments 
made by this section shall apply as if included in the enactment of the 
FUTURE Act (Public Law 116-91).

[[Page 134 STAT. 408]]

SEC. 3517. <<NOTE: 20 USC 1001 note.>>  WAIVER AUTHORITY AND 
                          REPORTING REQUIREMENT FOR INSTITUTIONAL 
                          AID.

    (a) <<NOTE: Time period.>>  Waiver Authority.--Notwithstanding any 
other provision of the Higher Education Act of 1965 (U.S.C. 1001 et 
seq.), unless enacted with specific reference to this section, for any 
institution of higher education that was receiving assistance under 
title III, title V, or subpart 4 of part A of title VII of such Act (20 
U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) at the time of a 
qualifying emergency, the Secretary may, for the period beginning on the 
first day of the qualifying emergency and ending on September 30 of the 
fiscal year following the end of the qualifying emergency--
            (1) waive--
                    (A) the eligibility data requirements set forth in 
                section 391(d) and 521(e) of the Higher Education Act of 
                1965 (20 U.S.C. 1068(d); 1103(e));
                    (B) the wait-out period set forth in section 313(d) 
                of the Higher Education Act of 1965 (20 U.S.C. 1059(d));
                    (C) the allotment requirements under paragraphs (2) 
                and (3) of subsection 318(e) of the Higher Education Act 
                of 1965 (20 U.S.C. 1059e(e)), and the reference to ``the 
                academic year preceding the beginning of that fiscal 
                year'' under such section 318(e)(1);
                    (D) the allotment requirements under subsections 
                (b), (c), and (g) of section 324 of the Higher Education 
                Act of 1965 (20 U.S.C. 1063), the reference to ``the end 
                of the school year preceding the beginning of that 
                fiscal year'' under such section 324(a), and the 
                reference to ``the academic year preceding such fiscal 
                year'' under such section 324(h);
                    (E) subparagraphs (A), (C), (D), and (E) of section 
                326(f)(3) of the Higher Education Act of 1965 (20 U.S.C. 
                1063b(f)(3)), and references to ``previous year'' under 
                such section 326(f)(3)(B);
                    (F) subparagraphs (A), (C), (D), and (E) of section 
                723(f)(3) and subparagraphs (A), (C), (D), and (E) of 
                section 724(f)(3) of the Higher Education Act of 1965 
                (20 U.S.C. 1136a(f)(3); 1136b(f)(3)), and references to 
                ``previous academic year'' under subparagraph (B) of 
                such sections 723(f)(3) and 724(f)(3); and
                    (G) the allotment restriction set forth in section 
                318(d)(4) and section 323(c)(2) of the Higher Education 
                Act of 1965 (20 U.S.C. 1059e(d)(4); 1062(c)(2)); and
            (2) <<NOTE: Time period.>>  waive or modify any statutory or 
        regulatory provision to ensure that institutions that were 
        receiving assistance under title III, title V, or subpart 4 of 
        part A of title VII of such Act (20 U.S.C. 1051 et seq.; 1101 et 
        seq.; 1136a et seq.) at the time of a qualifying emergency are 
        not adversely affected by any formula calculation for fiscal 
        year 2020 and for the period beginning on the first day of the 
        qualifying emergency and ending on September 30 of the fiscal 
        year following the end of the qualifying emergency, as 
        necessary.

    (b) <<NOTE: Time periods.>>  Use of Unexpended Funds.--Any funds 
paid to an institution under title III, title V, or subpart 4 of part A 
of title VII of the Higher Education Act of 1965 (20 U.S.C. 1051 et 
seq.; 1101 et seq.; 1136a et seq.) and not expended or used for the 
purposes for which the funds were paid to the institution during the 5-
year period following the date on which the funds were first paid

[[Page 134 STAT. 409]]

to the institution, may be carried over and expended during the 
succeeding 5-year period.

    (c) <<NOTE: Time period.>>  Report.--Not later than 180 days after 
the date of enactment of this Act, and every 180 days thereafter for the 
period beginning on the first day of the qualifying emergency and ending 
on September 30 of the fiscal year following the end of the qualifying 
emergency, the Secretary shall submit to the authorizing committees (as 
defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
1003)) a report that identifies each institution that received a waiver 
or modification under this section.
SEC. 3518. <<NOTE: Time period. 20 USC 1001 note.>>  AUTHORIZED 
                          USES AND OTHER MODIFICATIONS FOR GRANTS.

    (a) In General.--The Secretary is authorized to modify the required 
and allowable uses of funds for grants awarded under part A or B of 
title III, chapter I or II of subpart 2 of part A of title IV, title V, 
or subpart 4 of part A of title VII of the Higher Education Act of 1965 
(20 U.S.C. 1057 et seq.; 1060 et seq.; 1070a-11 et seq.; 1070a-21 et 
seq.; 1101 et seq.; 1136a et seq.) to an institution of higher education 
or other grant recipient (not including individual recipients of Federal 
student financial assistance), at the request of an institution of 
higher education or other recipient of a grant (not including individual 
recipients of Federal student financial assistance) as a result of a 
qualifying emergency, for the period beginning on the first day of the 
qualifying emergency and ending on September 30 of the fiscal year 
following the end of the qualifying emergency.
    (b) Matching Requirement Modifications.--Notwithstanding any other 
provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), 
the Secretary is authorized to modify any Federal share or other 
financial matching requirement for a grant awarded on a competitive 
basis or a grant awarded under part A or B of title III or subpart 4 of 
part A of title VII of the Higher Education Act of 1965 (20 U.S.C. 1057 
et seq.; 1060 et seq.; 1136a et seq.) at the request of an institution 
of higher education or other grant recipient as a result of a qualifying 
emergency, for the period beginning on the first day of the qualifying 
emergency and ending on September 30 of the fiscal year following the 
end of the qualifying emergency.
    (c) Reports.--Not later than 180 days after the date of enactment of 
this Act, and every 180 days thereafter for the duration of the period 
beginning on the first day of the qualifying emergency and ending on 
September 30 of the fiscal year following the end of the qualifying 
emergency, the Secretary shall submit to the authorizing committees (as 
defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
1003)) a report that identifies each institution of higher education or 
other grant recipient that received a modification under this section.
SEC. 3519. <<NOTE: 20 USC 1001 note.>>  SERVICE OBLIGATIONS FOR 
                          TEACHERS.

    (a) Teach Grants.--For the purpose of section 420N of the Higher 
Education Act of 1965 (20 U.S.C. 1070g-2), during a qualifying 
emergency, the Secretary--
            (1) may modify the categories of extenuating circumstances 
        under which a recipient of a grant under subpart 9 of part A of 
        title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et 
        seq.) who is unable to fulfill all or part of the recipient's

[[Page 134 STAT. 410]]

        service obligation may be excused from fulfilling that portion 
        of the service obligation; and
            (2) shall consider teaching service that, as a result of a 
        qualifying emergency, is part-time or temporarily interrupted, 
        to be full-time service and to fulfill the service obligations 
        under such section 420N.

    (b) <<NOTE: Waiver authority.>>  Teacher Loan Forgiveness.--
Notwithstanding section 428J or 460 of the Higher Education Act of 1965 
(20 U.S.C. 1078-10; 1087j), the Secretary shall waive the requirements 
under such sections that years of teaching service shall be consecutive 
if--
            (1) the teaching service of a borrower is temporarily 
        interrupted due to a qualifying emergency; and
            (2) after the temporary interruption due to a qualifying 
        emergency, the borrower resumes teaching service and completes a 
        total of 5 years of qualifying teaching service under such 
        sections, including qualifying teaching service performed 
        before, during, and after such qualifying emergency.

                      Subtitle C--Labor Provisions

SEC. 3601. LIMITATION ON PAID LEAVE.

    Section 110(b)(2)(B) of the Family and Medical Leave Act of 1993 (as 
added by the Emergency Family and Medical Leave Expansion 
Act) <<NOTE: Ante, p. 191.>>  is amended by striking clause (ii) and 
inserting the following:
                          ``(ii) Limitation.--An employer shall not be 
                      required to pay more than $200 per day and $10,000 
                      in the aggregate for each employee for paid leave 
                      under this section.''.
SEC. 3602. EMERGENCY PAID SICK LEAVE ACT LIMITATION.

    Section 5102 of the Emergency Paid Sick Leave Act (division E of the 
Families First Coronavirus Response Act) <<NOTE: Ante, p. 195.>>  is 
amended by adding at the end the following:

    ``(f) Limitations.--An employer shall not be required to pay more 
than either--
            ``(1) $511 per day and $5,110 in the aggregate for each 
        employee, when the employee is taking leave for a reason 
        described in paragraph (1), (2), or (3) of section 5102(a); or
            ``(2) $200 per day and $2,000 in the aggregate for each 
        employee, when the employee is taking leave for a reason 
        described in paragraph (4), (5), or (6) of section 5102(a).''.
SEC. 3603. UNEMPLOYMENT INSURANCE.

    Section 903(h)(2)(B) of the Social Security Act (42 U.S.C. 
1103(h)(2)(B)), as added by section 4102 of the Emergency Unemployment 
Insurance Stabilization and Access Act of <<NOTE: Ante, p. 193.>>  2020, 
is amended to read as follows:
                    ``(B) The State ensures that applications for 
                unemployment compensation, and assistance with the 
                application process, are accessible, to the extent 
                practicable in at least two of the following: in person, 
                by phone, or online.''.
SEC. 3604. OMB WAIVER OF PAID FAMILY AND PAID SICK LEAVE.

    (a) Family and Medical Leave Act of 1993.--Section 110(a) of title I 
of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) (as 
added by division C of the Families First

[[Page 134 STAT. 411]]

Coronavirus Response Act) <<NOTE: Ante, p. 189.>>  is amended by adding 
at the end the following new paragraph:
            ``(4) The Director of the Office of Management and Budget 
        shall have the authority to exclude for good cause from the 
        requirements under subsection (b) certain employers of the 
        United States Government with respect to certain categories of 
        Executive Branch employees.''.

    (b) Emergency Paid Sick Leave Act.--The Emergency Paid Sick Leave 
Act (division E of the Families First Coronavirus Response Act) is 
amended by adding at the end the following new section:
``SEC. 5112. <<NOTE: 29 USC 2601 note.>>  AUTHORITY TO EXCLUDE 
                          CERTAIN EMPLOYEES.

    ``The Director of the Office of Management and Budget shall have the 
authority to exclude for good cause from the definition of employee 
under section 5110(1) certain employees described in subparagraphs (E) 
and (F) of such section, including by exempting certain United States 
Government employers covered by section 5110(2)(A)(i)(V) from the 
requirements of this title with respect to certain categories of 
Executive Branch employees.''.
SEC. 3605. PAID LEAVE FOR REHIRED EMPLOYEES.

    Section 110(a)(1)(A) of the Family and Medical Leave Act of 1993, as 
added by section 3102 of the Emergency Family and Medical Leave 
Expansion Act <<NOTE: Ante, p. 189.>> , is amended to read as follows:
                    ``(A) <<NOTE: Definitions. Time periods.>>  Eligible 
                employee.--
                          ``(i) In general.--In lieu of the definition 
                      in sections 101(2)(A) and 101(2)(B)(ii), the term 
                      `eligible employee' means an employee who has been 
                      employed for at least 30 calendar days by the 
                      employer with respect to whom leave is requested 
                      under section 102(a)(1)(F).
                          ``(ii) Rule regarding rehired employees.--For 
                      purposes of clause (i), the term `employed for at 
                      least 30 calendar days', used with respect to an 
                      employee and an employer described in clause (i), 
                      includes an employee who was laid off by that 
                      employer not earlier than March 1, 2020, had 
                      worked for the employer for not less than 30 of 
                      the last 60 calendar days prior to the employee's 
                      layoff, and was rehired by the employer.''.
SEC. 3606. ADVANCE REFUNDING OF CREDITS.

    (a) Payroll Credit for Required Paid Sick Leave.--Section 7001 of 
division G of the Families First Coronavirus Response Act is amended-- 
<<NOTE: Ante, p. 210.>> 
            (1) in subsection (b)(4)(A)--
                    (A) by striking ``(A) In general.--If the amount'' 
                and inserting ``(A)(i) Credit is refundable.--If the 
                amount''; and
                    (B) by adding at the end the following:
                          ``(ii) Advancing credit.--In anticipation of 
                      the credit, including the refundable portion under 
                      clause (i), the credit may be advanced, according 
                      to forms and instructions provided by the 
                      Secretary, up to an amount calculated under 
                      subsection (a), subject to the limits under 
                      subsection (b), both calculated through the end of 
                      the most recent payroll period in the quarter.'';

[[Page 134 STAT. 412]]

            (2) in subsection (f)--
                    (A) in paragraph (4), by striking ``, and'' and 
                inserting a comma;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``, and''; and
                    (C) by adding at the end the following:
            ``(6) regulations or other guidance to permit the 
        advancement of the credit determined under subsection (a).''; 
        and
            (3) by inserting after subsection (h) the following new 
        subsection:

    ``(i) <<NOTE: Waiver authority.>>  Treatment of Deposits.--The 
Secretary of the Treasury (or the Secretary's delegate) shall waive any 
penalty under section 6656 of the Internal Revenue Code of 1986 for any 
failure to make a deposit of the tax imposed by section 3111(a) or 
3221(a) of such Code if the Secretary determines that such failure was 
due to the anticipation of the credit allowed under this section.''.

    (b) Payroll Credit for Required Paid Family Leave.--Section 7003 of 
division G of the Families First Coronavirus Response Act is amended-- 
<<NOTE: Ante, p. 214.>> 
            (1) in subsection (b)(3)--
                    (A) by striking ``If the amount'' and inserting 
                ``(A) Credit is refundable.--If the amount''; and
                    (B) by adding at the end the following:
                    ``(B) Advancing credit.--In anticipation of the 
                credit, including the refundable portion under 
                subparagraph (A), the credit may be advanced, according 
                to forms and instructions provided by the Secretary, up 
                to an amount calculated under subsection (a), subject to 
                the limits under subsection (b), both calculated through 
                the end of the most recent payroll period in the 
                quarter.'';
            (2) in subsection (f)--
                    (A) in paragraph (4), by striking ``, and'' and 
                inserting a comma;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``, and''; and
                    (C) by adding at the end the following:
            ``(6) regulations or other guidance to permit the 
        advancement of the credit determined under subsection (a).''; 
        and

    (c) by inserting after subsection (h) the following new subsection:
    ``(i) <<NOTE: Waiver authority. Determination.>>  Treatment of 
Deposits.--The Secretary of the Treasury (or the Secretary's delegate) 
shall waive any penalty under section 6656 of the Internal Revenue Code 
of 1986 for any failure to make a deposit of the tax imposed by section 
3111(a) or 3221(a) of such Code if the Secretary determines that such 
failure was due to the anticipation of the credit allowed under this 
section.''.
SEC. 3607. EXPANSION OF DOL AUTHORITY TO POSTPONE CERTAIN 
                          DEADLINES.

    Section 518 of the Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1148) is amended by striking ``or a terroristic or military 
action (as defined in section 692(c)(2) of such Code), the Secretary 
may'' and inserting ``a terroristic or military action (as defined in 
section 692(c)(2) of such Code), or a public health emergency declared 
by the Secretary of Health and Human Services pursuant to section 319 of 
the Public Health Service Act, the Secretary may''.

[[Page 134 STAT. 413]]

SEC. 3608. <<NOTE: 26 USC 430 note.>>  SINGLE-EMPLOYER PLAN 
                          FUNDING RULES.

    (a) Delay in Payment of Minimum Required Contributions.--In the case 
of any minimum required contribution (as determined under section 430(a) 
of the Internal Revenue Code of 1986 and section 303(a) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1083(a))) which (but 
for this section) would otherwise be due under section 430(j) of such 
Code (including quarterly contributions under paragraph (3) thereof) and 
section 303(j) of such Act (29 U.S.C. 1083(j)) (including quarterly 
contributions under paragraph (3) thereof) during calendar year 2020--
            (1) the due date for such contributions shall be January 1, 
        2021, and
            (2) the amount of each such minimum required contribution 
        shall be increased by interest accruing for the period between 
        the original due date (without regard to this section) for the 
        contribution and the payment date, at the effective rate of 
        interest for the plan for the plan year which includes such 
        payment date.

    (b) Benefit Restriction Status.--For purposes of section 436 of the 
Internal Revenue Code of 1986 and section 206(g) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1056(g)), a plan 
sponsor may elect to treat the plan's adjusted funding target attainment 
percentage for the last plan year ending before January 1, 2020, as the 
adjusted funding target attainment percentage for plan years which 
include calendar year 2020.
SEC. 3609. APPLICATION OF COOPERATIVE AND SMALL EMPLOYER CHARITY 
                          PENSION PLAN RULES TO CERTAIN CHARITABLE 
                          EMPLOYERS WHOSE PRIMARY EXEMPT PURPOSE 
                          IS PROVIDING SERVICES WITH RESPECT TO 
                          MOTHERS AND CHILDREN.

    (a) Employee Retirement Income Security Act of 1974.--Section 
210(f)(1) of the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1060(f)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph 
        (C)(iv) and inserting ``; or''; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) that, as of January 1, 2000, was maintained by 
                an employer--
                          ``(i) described in section 501(c)(3) of the 
                      Internal Revenue Code of 1986,
                          ``(ii) who has been in existence since at 
                      least 1938,
                          ``(iii) who conducts medical research directly 
                      or indirectly through grant making, and
                          ``(iv) whose primary exempt purpose is to 
                      provide services with respect to mothers and 
                      children.''.

    (b) Internal Revenue Code of 1986.--Section 414(y)(1) of the 
Internal Revenue Code of 1986 <<NOTE: 26 USC 414.>>  is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph 
        (C)(iv) and inserting ``; or''; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) that, as of January 1, 2000, was maintained by 
                an employer--

[[Page 134 STAT. 414]]

                          ``(i) described in section 501(c)(3),
                          ``(ii) who has been in existence since at 
                      least 1938,
                          ``(iii) who conducts medical research directly 
                      or indirectly through grant making, and
                          ``(iv) whose primary exempt purpose is to 
                      provide services with respect to mothers and 
                      children.''.

    (c) <<NOTE: 26 USC 414 note.>>  Effective Date.--The amendments made 
by this section shall apply to plan years beginning after December 31, 
2018.
SEC. 3610. <<NOTE: 41 USC 6301 note prec.>>  FEDERAL CONTRACTOR 
                          AUTHORITY.

    Notwithstanding any other provision of law, and subject to the 
availability of appropriations, funds made available to an agency by 
this Act or any other Act may be used by such agency to modify the terms 
and conditions of a contract, or other agreement, without consideration, 
to reimburse at the minimum applicable contract billing rates not to 
exceed an average of 40 hours per week any paid leave, including sick 
leave, a contractor provides to keep its employees or subcontractors in 
a ready state, including to protect the life and safety of Government 
and contractor personnel, but in no event beyond September 30, 
2020. <<NOTE: Applicability.>>  Such authority shall apply only to a 
contractor whose employees or subcontractors cannot perform work on a 
site that has been approved by the Federal Government, including a 
federally-owned or leased facility or site, due to facility closures or 
other restrictions, and who cannot telework because their job duties 
cannot be performed remotely during the public health emergency declared 
on January 31, 2020 for COVID-19: Provided, <<NOTE: Reimbursement.>>  
That the maximum reimbursement authorized by this section shall be 
reduced by the amount of credit a contractor is allowed pursuant to 
division G of Public Law 116-127 and any applicable credits a contractor 
is allowed under this Act.
SEC. 3611. TECHNICAL CORRECTIONS.
            (1) Section 110(a)(3) of the Family and Medical Leave Act of 
        1993 (as added by the Emergency and Medical Leave Expansion 
        Act) <<NOTE: Ante, p. 190.>>  is amended by striking 
        ``553(d)(A)'' and inserting ``553(d)(3)''.
            (2) Section 5111 of the Emergency Paid Sick Leave Act 
        (division E of the Families First Coronavirus <<NOTE: Ante, p. 
        201.>> Response Act) is amended by striking ``553(d)(A)'' and 
        inserting ``553(d)(3)''.
            (3) Section 110(c) of the Family and Medical Leave Act of 
        1993 (as added by the Emergency and Medical Leave Expansion Act) 
        is amended by striking ``subsection (a)(2)(A)(iii)'' and 
        inserting ``subsection (a)(2)(A)''.
            (4) Section 3104 of the Emergency Family and Medical Leave 
        Expansion Act (division C of the Families First Coronavirus 
        Response Act) <<NOTE: Ante, p. 192.>>  is amended--
                    (A) by striking ``110(a)(B)'' and inserting 
                ``section 110(a)(1)(B) of the Family and Medical Leave 
                Act of 1993''; and
                    (B) by striking ``section 107(a) for a violation of 
                section 102(a)(1)(F) if the employer does not meet the 
                definition of employer set forth in Section 
                101(4)(A)(i)'' and inserting ``section 107(a) of such 
                Act for a violation of section 102(a)(1)(F) of such Act 
                if the employer does not meet the definition of employer 
                set forth in section 101(4)(A)(i) of such Act''.

[[Page 134 STAT. 415]]

            (5) Section 5110(1) of the Emergency Paid Sick Leave Act 
        (division E of the Families First Coronavirus 
        Response <<NOTE: Ante, p. 198.>>  Act) is amended--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``terms'' and inserting ``term''; and
                    (B) in subparagraph (A)(i), by striking ``paragraph 
                (5)(A)'' and inserting ``paragraph (2)(A)''.
            (6) Section 5110(2)(B)(ii) of the Emergency Paid Sick Leave 
        Act (division E of the Families First Coronavirus Response Act) 
        is amended by striking ``clause (i)(IV)'' and inserting ``clause 
        (i)(III)''.
            (7) Section 110(a)(3) of the Family and Medical Leave Act of 
        1993 (as added by the Emergency and Medical Leave Expansion 
        Act) <<NOTE: Ante, p. 190.>>  is amended--
                    (A) by striking ``and'' after the semicolon at the 
                end of subparagraph (A);
                    (B) by striking the period at end of subparagraph 
                (B) and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) as necessary to carry out the purposes of this 
                Act, including to ensure consistency between this Act 
                and Division E and Division G of the Families First 
                Coronavirus Response Act.''.
            (8) Section 5104(1) of the Emergency Paid Sick Leave Act 
        (division E of the Families First Coronavirus 
        Response <<NOTE: Ante, p. 197.>>  Act) is amended by striking 
        ``and'' after the semicolon and inserting ``or''.
            (9) Section 5105 of the Emergency Paid Sick Leave Act 
        (division E of the Families First Coronavirus 
        Response <<NOTE: Ante, p. 197.>>  Act) is amended by adding at 
        the end the following:

    ``(c) Investigations and Collection of Data.--The Secretary of Labor 
or his designee may investigate and gather data to ensure compliance 
with this Act in the same manner as authorized by sections 9 and 11 of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 209; 211).''.

                      Subtitle D--Finance Committee

SEC. 3701. EXEMPTION FOR TELEHEALTH SERVICES.

    (a) In General.--Paragraph (2) of section 223(c) of the Internal 
Revenue Code of 1986 <<NOTE: 26 USC 223.>>  is amended by adding at the 
end the following new subparagraph:
                    ``(E) Safe harbor for absence of deductible for 
                telehealth.--In the case of plan years beginning on or 
                before December 31, 2021, a plan shall not fail to be 
                treated as a high deductible health plan by reason of 
                failing to have a deductible for telehealth and other 
                remote care services.''.

    (b) Certain Coverage Disregarded.--Clause (ii) of section 
223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking 
``or long-term care'' and inserting ``long-term care, or (in the case of 
plan years beginning on or before December 31, 2021) telehealth and 
other remote care''.
    (c) <<NOTE: 26 USC 223 note.>>  Effective Date.--The amendments made 
by this section shall take effect on the date of the enactment of this 
Act.

[[Page 134 STAT. 416]]

SEC. 3702. INCLUSION OF CERTAIN OVER-THE-COUNTER MEDICAL PRODUCTS 
                          AS QUALIFIED MEDICAL EXPENSES.

    (a) HSAs.--Section 223(d)(2) of the Internal Revenue Code of 1986 
is <<NOTE: 26 USC 223.>>  amended--
            (1) by striking the last sentence of subparagraph (A) and 
        inserting the following: ``For purposes of this subparagraph, 
        amounts paid for menstrual care products shall be treated as 
        paid for medical care.''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D) <<NOTE: Definition.>>  Menstrual care 
                product.--For purposes of this paragraph, the term 
                `menstrual care product' means a tampon, pad, liner, 
                cup, sponge, or similar product used by individuals with 
                respect to menstruation or other genital-tract 
                secretions.''.

    (b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by 
striking the last sentence and inserting the following: ``For purposes 
of this subparagraph, amounts paid for menstrual care products (as 
defined in section 223(d)(2)(D)) shall be treated as paid for medical 
care.''.
    (c) Health Flexible Spending Arrangements and Health Reimbursement 
Arrangements.--Section 106 of such Code is amended by striking 
subsection (f) and inserting the following new subsection:
    ``(f) Reimbursements for Menstrual Care Products.--For purposes of 
this section and section 105, expenses incurred for menstrual care 
products (as defined in section 223(d)(2)(D)) shall be treated as 
incurred for medical care.''.
    (d) <<NOTE: Applicability.>>  Effective Dates.--
            (1) <<NOTE: 26 USC 220 note.>>  Distributions from savings 
        accounts.--The amendment made by subsections (a) and (b) shall 
        apply to amounts paid after December 31, 2019.
            (2) <<NOTE: 26 USC 106 note.>>  Reimbursements.--The 
        amendment made by subsection (c) shall apply to expenses 
        incurred after December 31, 2019.
SEC. 3703. INCREASING MEDICARE TELEHEALTH FLEXIBILITIES DURING 
                          EMERGENCY PERIOD.

    Section 1135 of the Social Security Act (42 U.S.C. 1320b-5) is 
amended--
            (1) in subsection (b)(8), by striking ``to an individual by 
        a qualified provider (as defined in subsection (g)(3))'' and all 
        that follows through the period and inserting ``, the 
        requirements of section 1834(m).''; and
            (2) in subsection (g), by striking paragraph (3).
SEC. 3704. ENHANCING MEDICARE TELEHEALTH SERVICES FOR FEDERALLY 
                          QUALIFIED HEALTH CENTERS AND RURAL 
                          HEALTH CLINICS DURING 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)--

[[Page 134 STAT. 417]]

                    (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 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) <<NOTE: Definitions.>>  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.--
                          ``(i) In general.--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.
                          ``(ii) Exclusion from fqhc pps calculation and 
                      rhc air calculation.--Costs associated with 
                      telehealth services shall not be used to determine 
                      the amount of payment for Federally qualified 
                      health center services under the prospective 
                      payment system under section 1834(o) or for rural 
                      health clinic services under the methodology for 
                      all-inclusive rates (established by the Secretary) 
                      under section 1833(a)(3).''.

[[Page 134 STAT. 418]]

SEC. 3705. TEMPORARY WAIVER OF REQUIREMENT FOR FACE-TO-FACE VISITS 
                          BETWEEN HOME DIALYSIS PATIENTS AND 
                          PHYSICIANS.

    Section 1881(b)(3)(B) of the Social Security Act (42 U.S.C. 
1395rr(b)(3)(B)) is amended--
            (1) in clause (i), by striking ``clause (ii)'' and inserting 
        ``clauses (ii) and (iii)'';
            (2) in clause (ii), in the matter preceding subclause (I), 
        by striking ``Clause (i)'' and inserting ``Except as provided in 
        clause (iii), clause (i)''; and
            (3) by adding at the end the following new clause:
                          ``(iii) The Secretary may waive the provisions 
                      of clause (ii) during the emergency period 
                      described in section 1135(g)(1)(B).''.
SEC. 3706. USE OF TELEHEALTH TO CONDUCT FACE-TO-FACE ENCOUNTER 
                          PRIOR TO RECERTIFICATION OF ELIGIBILITY 
                          FOR HOSPICE CARE DURING EMERGENCY 
                          PERIOD.

    Section 1814(a)(7)(D)(i) of the Social Security Act (42 U.S.C. 
1395f(a)(7(D)(i)) is amended--
            (1) by striking ``a hospice'' and inserting ``(I) subject to 
        subclause (II), a hospice''; and
            (2) by inserting after subclause (I), as added by paragraph 
        (1), the following new subclause:
                          ``(II) <<NOTE: Determination.>>  during the 
                      emergency period described in section 
                      1135(g)(1)(B), a hospice physician or nurse 
                      practitioner may conduct a face-to-face encounter 
                      required under this clause via telehealth, as 
                      determined appropriate by the Secretary; and''.
SEC. 3707. <<NOTE: 42 USC 1395m note.>>  ENCOURAGING USE OF 
                          TELECOMMUNICATIONS SYSTEMS FOR HOME 
                          HEALTH SERVICES FURNISHED DURING 
                          EMERGENCY PERIOD.

    With respect to home health services (as defined in section 1861(m) 
of the Social Security Act (42 U.S.C. 1395x(m)) that are furnished 
during the emergency period described in section 1135(g)(1)(B) of such 
Act (42 U.S.C. 1320b-5(g)(1)(B)), the Secretary of Health and Human 
Services shall consider ways to encourage the use of telecommunications 
systems, including for remote patient monitoring as described in section 
409.46(e) of title 42, Code of Federal Regulations (or any successor 
regulations) and other communications or monitoring services, consistent 
with the plan of care for the individual, including by clarifying 
guidance and conducting outreach, as appropriate.
SEC. 3708. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH 
                          SERVICES.

    (a) Part A Provisions.--Section 1814(a) of the Social Security Act 
(42 U.S.C. 1395f(a)) is amended--
            (1) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``, a nurse practitioner or clinical nurse 
                specialist (as such terms are defined in section 
                1861(aa)(5)) who is working in accordance with State 
                law, or a physician assistant (as defined in section 
                1861(aa)(5)) who is working in accordance with State 
                law, who is'' after ``in the case of services described 
                in subparagraph (C), a physician''; and

[[Page 134 STAT. 419]]

                    (B) in subparagraph (C)--
                          (i) by inserting ``, a nurse practitioner, a 
                      clinical nurse specialist, or a physician 
                      assistant (as the case may be)'' after 
                      ``physician'' the first 2 times it appears; and
                          (ii) <<NOTE: Deadline.>>  by striking ``, and, 
                      in the case of a certification made by a 
                      physician'' and all that follows through ``face-
                      to-face encounter'' and inserting ``, and, in the 
                      case of a certification made by a physician after 
                      January 1, 2010, or by a nurse practitioner, 
                      clinical nurse specialist, or physician assistant 
                      (as the case may be) after a date specified by the 
                      Secretary (but in no case later than the date that 
                      is 6 months after the date of the enactment of the 
                      CARES Act), prior to making such certification a 
                      physician, nurse practitioner, clinical nurse 
                      specialist, or physician assistant must document 
                      that a physician, nurse practitioner, clinical 
                      nurse specialist, certified nurse-midwife (as 
                      defined in section 1861(gg)) as authorized by 
                      State law, or physician assistant has had a face-
                      to-face encounter'';
            (2) in the third sentence--
                    (A) by striking ``physician certification'' and 
                inserting ``certification'';
                    (B) <<NOTE: Regulations. Effective date.>>  by 
                inserting ``(or in the case of regulations to implement 
                the amendments made by section 3708 of the CARES Act, 
                the Secretary shall prescribe regulations, which shall 
                become effective no later than 6 months after the date 
                of the enactment of such Act)'' after ``1981''; and
                    (C) by striking ``a physician who'' and inserting 
                ``a physician, nurse practitioner, clinical nurse 
                specialist, or physician assistant who'';
            (3) in the fourth sentence, by inserting ``, nurse 
        practitioner, clinical nurse specialist, or physician 
        assistant'' after ``physician''; and
            (4) in the fifth sentence--
                    (A) by inserting ``or no later than 6 months after 
                the date of the enactment of the CARES Act for purposes 
                of documentation for certification and recertification 
                made under paragraph (2) by a nurse practitioner, 
                clinical nurse specialist, or physician assistant,'' 
                after ``January 1, 2019''; and
                    (B) by inserting ``, nurse practitioner, clinical 
                nurse specialist, or physician assistant'' after ``of 
                the physician''.

    (b) Part B Provisions.--Section 1835(a) of the Social Security Act 
(42 U.S.C. 1395n(a)) is amended--
            (1) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``, a nurse practitioner or clinical nurse 
                specialist (as those terms are defined in section 
                1861(aa)(5)) who is working in accordance with State 
                law, or a physician assistant (as defined in section 
                1861(aa)(5)) who is working in accordance with State 
                law, who is'' after ``in the case of services described 
                in subparagraph (A), a physician''; and
                    (B) in subparagraph (A)--

[[Page 134 STAT. 420]]

                          (i) in each of clauses (ii) and (iii) of 
                      subparagraph (A) by inserting ``, a nurse 
                      practitioner, a clinical nurse specialist, or a 
                      physician assistant (as the case may be)'' after 
                      ``physician''; and
                          (ii) <<NOTE: Deadline.>>  in clause (iv), by 
                      striking ``after January 1, 2010'' and all that 
                      follows through ``face-to-face encounter'' and 
                      inserting ``made by a physician after January 1, 
                      2010, or by a nurse practitioner, clinical nurse 
                      specialist, or physician assistant (as the case 
                      may be) after a date specified by the Secretary 
                      (but in no case later than the date that is 6 
                      months after the date of the enactment of the 
                      CARES Act), prior to making such certification a 
                      physician, nurse practitioner, clinical nurse 
                      specialist, or physician assistant must document 
                      that a physician, nurse practitioner, clinical 
                      nurse specialist, certified nurse-midwife (as 
                      defined in section 1861(gg)) as authorized by 
                      State law, or physician assistant has had a face-
                      to-face encounter'';
            (2) in the third sentence, by inserting ``, nurse 
        practitioner, clinical nurse specialist, or physician assistant 
        (as the case may be)'' after physician;
            (3) in the fourth sentence--
                    (A) by striking ``physician certification'' and 
                inserting ``certification'';
                    (B) <<NOTE: Regulations. Effective date.>>  by 
                inserting ``(or in the case of regulations to implement 
                the amendments made by section 3708 of the CARES Act the 
                Secretary shall prescribe regulations which shall become 
                effective no later than 6 months after the enactment of 
                such Act)'' after ``1981''; and
                    (C) by striking ``a physician who'' and inserting 
                ``a physician, nurse practitioner, clinical nurse 
                specialist, or physician assistant who'';
            (4) in the fifth sentence, by inserting ``, nurse 
        practitioner, clinical nurse specialist, or physician 
        assistant'' after ``physician''; and
            (5) in the sixth sentence--
                    (A) by inserting ``or no later than 6 months after 
                the date of the enactment of the CARES Act for purposes 
                of documentation for certification and recertification 
                made under paragraph (2) by a nurse practitioner, 
                clinical nurse specialist, or physician assistant,'' 
                after ``January 1, 2019''; and
                    (B) by inserting ``, nurse practitioner, clinical 
                nurse specialist, or physician assistant'' after ``of 
                the physician''.

    (c) Definition Provisions.--
            (1) Home health services.--Section 1861(m) of the Social 
        Security Act (42 U.S.C. 1395x(m)) is amended--
                    (A) in the matter preceding paragraph (1)--
                          (i) by inserting ``, a nurse practitioner or a 
                      clinical nurse specialist (as those terms are 
                      defined in subsection (aa)(5)), or a physician 
                      assistant (as defined in subsection (aa)(5))'' 
                      after ``physician'' the first place it appears; 
                      and
                          (ii) by inserting ``, a nurse practitioner, a 
                      clinical nurse specialist, or a physician 
                      assistant'' after ``physician'' the second place 
                      it appears; and

[[Page 134 STAT. 421]]

                    (B) in paragraph (3), by inserting ``, a nurse 
                practitioner, a clinical nurse specialist, or a 
                physician assistant'' after ``physician''.
            (2) Home health agency.--Section 1861(o)(2) of the Social 
        Security Act (42 U.S.C. 1395x(o)(2)) is amended--
                    (A) by inserting ``, nurse practitioners or clinical 
                nurse specialists (as those terms are defined in 
                subsection (aa)(5)), certified nurse-midwives (as 
                defined in subsection (gg)), or physician assistants (as 
                defined in subsection (aa)(5))'' after ``physicians''; 
                and
                    (B) by inserting ``, nurse practitioner, clinical 
                nurse specialist, certified nurse-midwife, physician 
                assistant,'' after ``physician''.
            (3) Covered osteoporosis drug.--Section 1861(kk)(1) of the 
        Social Security Act (42 U.S.C. 1395x(kk)(1)) is amended by 
        inserting ``, nurse practitioner or clinical nurse specialist 
        (as those terms are defined in subsection (aa)(5)), certified 
        nurse-midwife (as defined in subsection (gg)), or physician 
        assistant (as defined in subsection (aa)(5))'' after ``attending 
        physician''.

    (d) Home Health Prospective Payment System Provisions.--Section 1895 
of the Social Security Act (42 U.S.C. 1395fff) is amended--
            (1) in subsection (c)(1)--
                    (A) by striking ``(provided under section 
                1842(r))''; and
                    (B) by inserting ``the nurse practitioner or 
                clinical nurse specialist (as those terms are defined in 
                section 1861(aa)(5)), or the physician assistant (as 
                defined in section 1861(aa)(5))'' after ``physician''; 
                and
            (2) in subsection (e)--
                    (A) in paragraph (1)(A), by inserting ``a nurse 
                practitioner or clinical nurse specialist, or a 
                physician assistant'' after ``physician''; and
                    (B) in paragraph (2)--
                          (i) in the heading, by striking ``Physician 
                      certification'' and inserting ``Rule of 
                      construction regarding requirement for 
                      certification''; and
                          (ii) by striking ``physician''.

    (e) <<NOTE: 42 USC 1395f note.>>  Application to Medicaid.--The 
amendments made under this section shall apply under title XIX of the 
Social Security Act in the same manner and to the same extent as such 
requirements apply under title XVIII of such Act or regulations 
promulgated thereunder.

    (f) <<NOTE: Regulations. 42 USC 1395f note.>>  Effective Date.--The 
Secretary of Health and Human Services shall prescribe regulations to 
apply the amendments made by this section to items and services 
furnished, which shall become effective no later than 6 months after the 
date of the enactment of this legislation. The Secretary shall 
promulgate an interim final rule if necessary, to comply with the 
required effective date.
SEC. 3709. <<NOTE: 2 USC 901a note.>>  ADJUSTMENT OF 
                          SEQUESTRATION.

    (a) <<NOTE: Time period.>>  Temporary Suspension of Medicare 
Sequestration.--During the period beginning on May 1, 2020 and ending on 
December 31, 2020, the Medicare programs 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 before, on, or after the date of 
enactment of this Act.

[[Page 134 STAT. 422]]

    (b) Extension of Direct Spending Reductions Through Fiscal Year 
2030.--Section 251A(6) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (2 U.S.C. 901a(6)) is amended--
            (1) in subparagraph (B), in the matter preceding clause (i), 
        by striking ``through 2029'' and inserting ``through 2030''; and
            (2) in subparagraph (C), in the matter preceding clause (i), 
        by striking ``fiscal year 2029'' and inserting ``fiscal year 
        2030''.
SEC. 3710. MEDICARE HOSPITAL INPATIENT PROSPECTIVE PAYMENT SYSTEM 
                          ADD-ON PAYMENT FOR COVID-19 PATIENTS 
                          DURING EMERGENCY PERIOD.

    (a) In General.--Section 1886(d)(4)(C) of the Social Security Act 
(42 U.S.C. 1395ww(d)(4)(C)) is amended by adding at the end the 
following new clause:
    ``(iv)(I) For discharges occurring during the emergency period 
described in section 1135(g)(1)(B), in the case of a discharge of an 
individual diagnosed with COVID-19, the Secretary shall increase the 
weighting factor that would otherwise apply to the diagnosis-related 
group to which the discharge is assigned by 20 percent. The Secretary 
shall identify a discharge of such an individual through the use of 
diagnosis codes, condition codes, or other such means as may be 
necessary.
    ``(II) Any adjustment under subclause (I) shall not be taken into 
account in applying budget neutrality under clause (iii)
    ``(III) In the case of a State for which the Secretary has waived 
all or part of this section under the authority of section 1115A, 
nothing in this section shall preclude such State from implementing an 
adjustment similar to the adjustment under subclause (I).''.
    (b) <<NOTE: 42 USC 1395ww note.>>  Implementation.--Notwithstanding 
any other provision of law, the Secretary may implement the amendment 
made by subsection (a) by program instruction or otherwise.
SEC. 3711. <<NOTE: 42 USC 1395ww note.>>  INCREASING ACCESS TO 
                          POST-ACUTE CARE DURING EMERGENCY PERIOD.

    (a) Waiver of IRF 3-hour Rule.--With respect to inpatient 
rehabilitation services furnished by a rehabilitation facility described 
in section 1886(j)(1) of the Social Security Act (42 U.S.C. 
1395ww(j)(1)) 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)), 
the Secretary of Health and Human Services shall waive section 
412.622(a)(3)(ii) of title 42, Code of Federal Regulations (or any 
successor regulations), relating to the requirement that patients of an 
inpatient rehabilitation facility receive at least 15 hours of therapy 
per week.
    (b) Waiver of Site-neutral Payment Rate Provisions for Long-term 
Care Hospitals.--With respect to inpatient hospital services furnished 
by a long-term care hospital described in section 1886(d)(1)(B)(iv) of 
the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iv)) 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)), the Secretary of Health and 
Human Services shall waive the following provisions of section 
1886(m)(6) of such Act (42 U.S.C. 1395ww(m)(6)):
            (1) LTCH 50-percent rule.--Subparagraph (C)(ii) of such 
        section, relating to the payment adjustment for long-term care

[[Page 134 STAT. 423]]

        hospitals that do not have a discharge payment percentage for 
        the period that is at least 50 percent.
            (2) Site-neutral ipps payment rate.--Subparagraph (A)(i) of 
        such section, relating to the application of the site-neutral 
        payment rate (and payment shall be made to a long-term care 
        hospital without regard to such section) for a discharge if the 
        admission occurs during such emergency period and is in response 
        to the public health emergency described in such section 
        1135(g)(1)(B).
SEC. 3712. <<NOTE: 42 USC 1395m note.>>  REVISING PAYMENT RATES 
                          FOR DURABLE MEDICAL EQUIPMENT UNDER THE 
                          MEDICARE PROGRAM THROUGH DURATION OF 
                          EMERGENCY PERIOD.

    (a) Rural and Noncontiguous Areas.--The Secretary of Health and 
Human Services shall implement section 414.210(g)(9)(iii) of title 42, 
Code of Federal Regulations (or any successor regulation), to apply the 
transition rule described in such section to all applicable items and 
services furnished in rural areas and noncontiguous areas (as such terms 
are defined for purposes of such section) as planned through December 
31, 2020, and through the duration 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)), if longer.
    (b) Areas Other Than Rural and Noncontiguous Areas.--With 
respect <<NOTE: Effective date. Applicability.>>  to items and services 
furnished on or after the date that is 30 days after the date of the 
enactment of this Act, the Secretary of Health and Human Services shall 
apply section 414.210(g)(9)(iv) of title 42, Code of Federal Regulations 
(or any successor regulation), as if the reference to ``dates of service 
from June 1, 2018 through December 31, 2020, based on the fee schedule 
amount for the area is equal to 100 percent of the adjusted payment 
amount established under this section'' were instead a reference to 
``dates of service from March 6, 2020, through the remainder of the 
duration 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)), based on the fee 
schedule amount for the area is equal to 75 percent of the adjusted 
payment amount established under this section and 25 percent of the 
unadjusted fee schedule amount''.
SEC. 3713. COVERAGE OF THE COVID-19 VACCINE UNDER PART B OF 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.--The first sentence of section 1833(b) of the 
Social Security Act (42 U.S.C. 1395l(b)) is amended--
            (1) in paragraph (10), by striking ``and'' at the end; and
            (2) in paragraph (11), by striking the period at the end and 
        inserting ``, and (12) such deductible shall not apply with 
        respect a COVID-19 vaccine and its administration described in 
        section 1861(s)(10)(A).''.

    (c) 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

[[Page 134 STAT. 424]]

                    (B) by inserting after subclause (V) the following 
                new subclause:
                                    ``(VI) A COVID-19 vaccine and its 
                                administration described in section 
                                1861(s)(10)(A).''; and
            (2) in clause (v), by striking ``subclauses (IV) and (V)'' 
        inserting ``subclauses (IV), (V), and (VI)''.

    (d) <<NOTE: Applicability. 42 USC 1395l note.>>  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).

    (e) <<NOTE: 42 USC 1395l note.>>  Implementation.--Notwithstanding 
any other provision of law, the Secretary may implement the provisions 
of, and the amendments made by, this section by program instruction or 
otherwise.
SEC. 3714. REQUIRING MEDICARE PRESCRIPTION DRUG PLANS AND MA-PD 
                          PLANS TO ALLOW DURING THE COVID-19 
                          EMERGENCY PERIOD FOR FILLS AND REFILLS 
                          OF COVERED PART D DRUGS FOR UP TO A 3-
                          MONTH SUPPLY.

    (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) <<NOTE: 42 USC 1395w-104 note.>>  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. 3715. 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 or demonstration project 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:

[[Page 134 STAT. 425]]

    ``(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 service 
        plan (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, or under another applicable 
        requirement; and
            ``(D) designed to ensure smooth transitions between acute 
        care settings and home and community-based settings, and to 
        preserve the individual's functional abilities.''.
SEC. 3716. CLARIFICATION REGARDING UNINSURED INDIVIDUALS.

    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--
            (1) in paragraph (1), by inserting ``(excluding subclause 
        (VIII) of such subsection if the individual is a resident of a 
        State which does not furnish medical assistance to individuals 
        described in such subclause)'' before the semicolon; and
            (2) in paragraph (2), by inserting ``, except that 
        individuals who are eligible for medical assistance under 
        subsection (a)(10)(A)(ii)(XII), subsection 
        (a)(10)(A)(ii)(XVIII), subsection (a)(10)(A)(ii)(XXI), or 
        subsection (a)(10)(C) (but only to the extent such an individual 
        is considered to not have minimum essential coverage under 
        section 5000A(f)(1) of the Internal Revenue Code of 1986), or 
        who are described in subsection (l)(1)(A) and are eligible for 
        medical assistance only because of subsection (a)(10)(A)(i)(IV) 
        or (a)(10)(A)(ii)(IX) and whose eligibility for such assistance 
        is limited by the State under clause (VII) in the matter 
        following subsection (a)(10)(G), shall not be treated as 
        enrolled in a Federal health care program for purposes of this 
        paragraph'' before the period at the end.
SEC. 3717. CLARIFICATION REGARDING COVERAGE OF COVID-19 TESTING 
                          PRODUCTS.

    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)(C) of the 
Families First Coronavirus Response Act (Public Law 116-127), 
is <<NOTE: Ante, p. 204.>> amended by striking ``that are approved, 
cleared, or authorized under section 510(k), 513, 515 or 564 of the 
Federal Food, Drug, and Cosmetic Act''.
SEC. 3718. AMENDMENTS RELATING TO REPORTING REQUIREMENTS WITH 
                          RESPECT TO CLINICAL DIAGNOSTIC 
                          LABORATORY TESTS.

    (a) Revised Reporting Period for Reporting of Private Sector Payment 
Rates for Establishment of Medicare Payment Rates.--Section 
1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)(B)) 
is amended--
            (1) in clause (i), by striking ``December 31, 2020'' and 
        inserting ``December 31, 2021''; and
            (2) in clause (ii)--
                    (A) by striking ``January 1, 2021'' and inserting 
                ``January 1, 2022''; and

[[Page 134 STAT. 426]]

                    (B) by striking ``March 31, 2021'' and inserting 
                ``March 31, 2022''.

    (b) Revised Phase-in of Reductions From Private Payor Rate 
Implementation.--Section 1834A(b)(3) of the Social Security Act (42 
U.S.C. 1395m-1(b)(3)) is amended--
            (1) in subparagraph (A), by striking ``through 2023'' and 
        inserting ``through 2024''; and
            (2) in subparagraph (B)--
                    (A) in clause (i), by striking ``and'' at the end;
                    (B) by redesignating clause (ii) as clause (iii);
                    (C) by inserting after clause (i) the following new 
                clause:
                          ``(ii) for 2021, 0 percent; and''; and
                    (D) in clause (iii), as redesignated by subparagraph 
                (B), by striking ``2021 through 2023'' and inserting 
                ``2022 through 2024''.
SEC. 3719. EXPANSION OF THE MEDICARE HOSPITAL ACCELERATED PAYMENT 
                          PROGRAM DURING THE COVID-19 PUBLIC 
                          HEALTH EMERGENCY.

    Section 1815 of the Social Security Act (42 U.S.C. 1395g) is 
amended--
            (1) in subsection (e)(3), by striking ``In the case'' and 
        inserting ``Subject to subsection (f), in the case''; and
            (2) by adding at the end the following new subsection:

    ``(f)(1) During the emergency period described in section 
1135(g)(1)(B), the Secretary shall expand the program under subsection 
(e)(3) pursuant to paragraph (2).
    ``(2) <<NOTE: Applicability.>>  In expanding the program under 
subsection (e)(3), the following shall apply:
            ``(A)(i) In addition to the hospitals described in 
        subsection (e)(3), the following hospitals shall be eligible to 
        participate in the program:
                    ``(I) Hospitals described in clause (iii) of section 
                1886(d)(1)(B).
                    ``(II) Hospitals described in clause (v) of such 
                section.
                    ``(III) Critical access hospitals (as defined in 
                section 1861(mm)(1)).
            ``(ii) Subject to appropriate safeguards against fraud, 
        waste, and abuse, upon a request of a hospital described in 
        clause (i), the Secretary shall provide accelerated payments 
        under the program to such hospital.
            ``(B) Upon the request of the hospital, the Secretary may do 
        any of the following:
                    ``(i) Make accelerated payments on a periodic or 
                lump sum basis.
                    ``(ii) Increase the amount of payment that would 
                otherwise be made to hospitals under the program up to 
                100 percent (or, in the case of critical access 
                hospitals, up to 125 percent).
                    ``(iii) <<NOTE: Time period.>>  Extend the period 
                that accelerated payments cover so that it covers up to 
                a 6-month period.
            ``(C) <<NOTE: Time periods.>>  Upon the request of the 
        hospital, the Secretary shall do the following:
                    ``(i) Provide up to 120 days before claims are 
                offset to recoup the accelerated payment.

[[Page 134 STAT. 427]]

                    ``(ii) Allow not less than 12 months from the date 
                of the first accelerated payment before requiring that 
                the outstanding balance be paid in full.

    ``(3) Nothing in this subsection shall preclude the Secretary from 
carrying out the provisions described in clauses (i), (ii), and (iii) of 
paragraph (2)(B) and clauses (i) and (ii) of paragraph (2)(C) under the 
program under subsection (e)(3) after the period for which this 
subsection applies.
    ``(4) Notwithstanding any other provision of law, the Secretary may 
implement the provisions of this subsection by program instruction or 
otherwise.''.
SEC. 3720. DELAYING REQUIREMENTS FOR ENHANCED FMAP TO ENABLE STATE 
                          LEGISLATION NECESSARY FOR COMPLIANCE.

    Section 6008 of the Families First Coronavirus 
Response <<NOTE: Ante, p. 208.>>  Act is amended by adding at the end 
the following new subsection:

    ``(d) <<NOTE: Time period. Effective date.>>  Delay in Application 
of Premium Requirement.--During the 30 day period beginning on the date 
of enactment of this Act, a State shall not be ineligible for the 
increase to the Federal medical assistance percentage of the State 
described in subsection (a) on the basis that the State imposes a 
premium that violates the requirement of subsection (b)(2) if such 
premium was in effect on the date of enactment of this Act.''.

             Subtitle E--Health and Human Services Extenders

                       PART I--MEDICARE PROVISIONS

SEC. 3801. 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. 3802. <<NOTE: Time period.>>  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 ``$20,000,000 for fiscal year 2020, and for 
        the period beginning on October 1, 2020, and ending on November 
        30, 2020, the amount equal to the pro rata portion of the amount 
        appropriated for such period for fiscal year 2020''; and
            (2) in the third sentence, by striking ``and 2019 and for 
        the period beginning on October 1, 2019, and ending on May 22, 
        2020'' and inserting ``, 2019, and 2020, and for the period 
        beginning on October 1, 2020, and ending on November 30, 
        2020,''.

    (b) <<NOTE: 42 USC 1395aaa note.>>  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).

[[Page 134 STAT. 428]]

SEC. <<NOTE: Time period.>> 3803. EXTENSION OF FUNDING OUTREACH 
                          AND ASSISTANCE FOR LOW-INCOME PROGRAMS.

    (a) Funding Extensions.--
            (1) 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), as amended by section 3306 of the Patient 
        Protection and Affordable Care Act (Public Law 111-148), section 
        610 of the American Taxpayer Relief Act of 2012 (Public Law 112-
        240), section 1110 of the Pathway for SGR Reform Act of 2013 
        (Public Law 113-67), section 110 of the Protecting Access to 
        Medicare Act of 2014 (Public Law 113-93), section 208 of the 
        Medicare Access and CHIP Reauthorization Act of 2015 (Public Law 
        114-10), section 50207 of division E of the Bipartisan Budget 
        Act of 2018 (Public Law 115-123), section 1402 of division B of 
        the Continuing Appropriations Act, 2020, and Health Extenders 
        Act of 2019 (Public Law 116-59), section 1402 of division B of 
        the Further Continuing Appropriations Act, 2020, and Further 
        Health Extenders Act of 2019 (Public Law 116-69), and section 
        103 of division N of the Further Consolidated Appropriations 
        Act, 2020 (Public Law 116-94) is amended by striking clauses (x) 
        through (xii) and inserting the following new clauses:
                          ``(x) for fiscal year 2020, of $13,000,000; 
                      and
                          ``(xi) for the period beginning on October 1, 
                      2020, and ending on November 30, 2020, the amount 
                      equal to the pro rata portion of the amount 
                      appropriated for such period for fiscal year 
                      2020.''.
            (2) Additional funding for area agencies on aging.--
        Subsection (b)(1)(B) of such section 119, as so amended, is 
        amended by striking clauses (x) through (xii) and inserting the 
        following new clauses:
                          ``(x) for fiscal year 2020, of $7,500,000; and
                          ``(xi) for the period beginning on October 1, 
                      2020, and ending on November 30, 2020, the amount 
                      equal to the pro rata portion of the amount 
                      appropriated for such period for fiscal year 
                      2020.''.
            (3) Additional funding for aging and disability resource 
        centers.--Subsection (c)(1)(B) of such section 119, as so 
        amended, is amended by striking clauses (x) through (xii) and 
        inserting the following new clauses:
                          ``(x) for fiscal year 2020, of $5,000,000; and
                          ``(xi) for the period beginning on October 1, 
                      2020, and ending on November 30, 2020, the amount 
                      equal to the pro rata portion of the amount 
                      appropriated for such period for fiscal year 
                      2020.''.
            (4) 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 by striking clauses (x) 
        through (xii) and inserting the following new clauses:
                          ``(x) for fiscal year 2020, of $12,000,000; 
                      and
                          ``(xi) for the period beginning on October 1, 
                      2020, and ending on November 30, 2020, the amount 
                      equal to the pro rata portion of the amount 
                      appropriated for such period for fiscal year 
                      2020.''.

[[Page 134 STAT. 429]]

    (b) <<NOTE: 42 USC 1395b-3 note.>>  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).

                      PART II--MEDICAID PROVISIONS

SEC. 3811. <<NOTE: Time period.>> EXTENSION OF THE MONEY FOLLOWS 
                          THE PERSON REBALANCING DEMONSTRATION 
                          PROGRAM.

    Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C. 
1396a note) is amended--
            (1) in paragraph (1), by striking subparagraph (G) and 
        inserting the following:
                    ``(G) subject to paragraph (3), $337,500,000 for the 
                period beginning on January 1, 2020, and ending on 
                September 30, 2020; and
                    ``(H) subject to paragraph (3), for the period 
                beginning on October 1, 2020, and ending on November 30, 
                2020, the amount equal to the pro rata portion of the 
                amount appropriated for such period for fiscal year 
                2020.''; and
            (2) in paragraph (3), by striking ``and (G)'' and inserting 
        ``, (G), and (H)''.
SEC. 3812. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.

    (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) <<NOTE: 42 USC 1396a note.>>  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--
            (1) 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))--
                    (A) 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
                    (B) 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); or
            (2) disregarding an individual's spousal income and assets 
        under a plan amendment to provide medical assistance for home 
        and community-based services for individuals by reason of being 
        determined eligible under section 1902(a)(10)(C) of such Act (42 
        U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such 
        Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a 
        reduction of income based on costs incurred for medical or other 
        remedial care under which the State disregarded the income and 
        assets of the individual's spouse in determining the initial and 
        ongoing financial eligibility of an individual for such services 
        in place of the spousal impoverishment provisions applied under 
        section 1924 of such Act (42 U.S.C. 1396r-5).
SEC. 3813. DELAY OF DSH REDUCTIONS.

    Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-
4(f)(7)(A)) is amended--

[[Page 134 STAT. 430]]

            (1) in clause (i), in the matter preceding subclause (I), by 
        striking ``May 23, 2020, and ending September 30, 2020, and for 
        each of fiscal years 2021'' and inserting ``December 1, 2020, 
        and ending September 30, 2021, and for each of fiscal years 
        2022''; and
            (2) in clause (ii)--
                    (A) in subclause (I), by striking ``May 23, 2020, 
                and ending September 30, 2020'' and inserting ``December 
                1, 2020, and ending September 30, 2021''; and
                    (B) in subclause (II), by striking ``2021'' and 
                inserting ``2022''.
SEC. 3814. EXTENSION AND EXPANSION OF COMMUNITY MENTAL HEALTH 
                          SERVICES DEMONSTRATION PROGRAM.

    (a) In General.--Section 223(d) of the Protecting Access to Medicare 
Act of 2014 (42 U.S.C. 1396a note) is amended--
            (1) in paragraph (3)--
                    (A) by striking ``Not more than'' and inserting 
                ``Subject to paragraph (8), not more than''; and
                    (B) by striking ``May 22, 2020'' and inserting 
                ``November 30, 2020''; and
            (2) by adding at the end the following new paragraph:
            ``(8) Additional programs.--
                    ``(A) <<NOTE: Deadline.>>  In general.--Not later 
                than 6 months after the date of enactment of this 
                paragraph, in addition to the 8 States selected under 
                paragraph (1), the Secretary shall select 2 States to 
                participate in 2-year demonstration programs that meet 
                the requirements of this subsection.
                    ``(B) Selection of states.--
                          ``(i) In general.--Subject to clause (ii), in 
                      selecting States under this paragraph, the 
                      Secretary--
                                    ``(I) shall select States that--
                                            ``(aa) were awarded planning 
                                        grants under subsection (c); and
                                            ``(bb) applied to 
                                        participate in the demonstration 
                                        programs under this subsection 
                                        under paragraph (1) but, as of 
                                        the date of enactment of this 
                                        paragraph, were not selected to 
                                        participate under paragraph (1); 
                                        and
                                    ``(II) shall use the results of the 
                                Secretary's evaluation of each State's 
                                application under paragraph (1) to 
                                determine which States to select, and 
                                shall not require the submission of any 
                                additional application.
                    ``(C) Requirements for selected states.--Prior to 
                services being delivered under the demonstration 
                authority in a State selected under this paragraph, the 
                State shall--
                          ``(i) <<NOTE: Plan.>>  submit a plan to 
                      monitor certified community behavioral health 
                      clinics under the demonstration program to ensure 
                      compliance with certified community behavioral 
                      health criteria during the demonstration period; 
                      and
                          ``(ii) <<NOTE: Data. Notification.>>  commit 
                      to collecting data, notifying the Secretary of any 
                      planned changes that would deviate from the 
                      prospective payment system methodology outlined in 
                      the State's demonstration application, and 
                      obtaining

[[Page 134 STAT. 431]]

                      approval from the Secretary for any such change 
                      before implementing the change.''.

    (b) Limitation.--Section 223(d)(5) of the Protecting Access to 
Medicare Act of 2014 (42 U.S.C. 1396a note) is amended--
            (1) in subparagraph (B), in the matter preceding clause (i), 
        by striking ``The Federal matching'' and inserting ``Subject to 
        subparagraph (C)(iii), the Federal matching''; and
            (2) in subparagraph (C), by adding at the end the following 
        new clause:
                          ``(iii) Payments for amounts expended after 
                      2019.--The Federal matching percentage applicable 
                      under subparagraph (B) to amounts expended by a 
                      State participating in the demonstration program 
                      under this subsection shall--
                                    ``(I) <<NOTE: Effective date. Time 
                                period.>>  in the case of a State 
                                participating in the demonstration 
                                program as of January 1, 2020, apply to 
                                amounts expended by the State during the 
                                8 fiscal quarter period (or any portion 
                                of such period) that begins on January 
                                1, 2020; and
                                    ``(II) in the case of a State 
                                selected to participate in the 
                                demonstration program under paragraph 
                                (8), during first 8 fiscal quarter 
                                period (or any portion of such period) 
                                that the State participates in a 
                                demonstration program.''.

    (c) GAO Study and Report on the Community and Mental Health Services 
Demonstration Program.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, the Comptroller General of the United 
        States shall submit to the Committee on Energy and Commerce of 
        the House of Representatives and the Committee on Finance of the 
        Senate a report on the community and mental health services 
        demonstration program conducted under section 223 of the 
        Protecting Access to Medicare Act of 2014 (42 U.S.C. 1396a note) 
        (referred to in this subsection as the ``demonstration 
        program'').
            (2) Content of report.--The report required under paragraph 
        (1) shall include the following information:
                    (A) Information on States' experiences participating 
                in the demonstration program, including the extent to 
                which States--
                          (i) measure the effects of access to certified 
                      community behavioral health clinics on patient 
                      health and cost of care, including--
                                    (I) engagement in treatment for 
                                behavioral health conditions;
                                    (II) relevant clinical outcomes, to 
                                the extent collected;
                                    (III) screening and treatment for 
                                comorbid medical conditions; and
                                    (IV) use of crisis stabilization, 
                                emergency department, and inpatient 
                                care.
                    (B) Information on Federal efforts to evaluate the 
                demonstration program, including--
                          (i) quality measures used to evaluate the 
                      program;
                          (ii) assistance provided to States on data 
                      collection and reporting;

[[Page 134 STAT. 432]]

                          (iii) <<NOTE: Assessments.>>  assessments of 
                      the reliability and usefulness of State-submitted 
                      data; and
                          (iv) the extent to which such efforts provide 
                      information on the relative quality, scope, and 
                      cost of services as compared with services not 
                      provided under the demonstration program, and in 
                      comparison to Medicaid beneficiaries with mental 
                      illness and substance use disorders not served 
                      under the demonstration program.
                    (C) <<NOTE: Recommenda- tions.>>  Recommendations 
                for improvements to the following:
                          (i) The reporting, accuracy, and validation of 
                      encounter data.
                          (ii) Accuracy in payments to certified 
                      community behavioral health clinics under State 
                      plans or waivers under title XIX of the Social 
                      Security Act (42 U.S.C. 1396 et seq.).

           PART III--HUMAN SERVICES AND OTHER HEALTH PROGRAMS

SEC. 3821. <<NOTE: Time period.>>  EXTENSION OF SEXUAL RISK 
                          AVOIDANCE EDUCATION PROGRAM.

    Section 510 of the Social Security Act (42 U.S.C. 710) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A)--
                          (i) by striking ``and 2019 and for the period 
                      beginning October 1, 2019, and ending May 22, 
                      2020'' and inserting ``through 2020 and for the 
                      period beginning October 1, 2020, and ending 
                      November 30, 2020''; and
                          (ii) by striking ``fiscal year 2020'' and 
                      inserting ``fiscal year 2021''
                    (B) in paragraph (2)(A)--
                          (i) by striking ``and 2019 and for the period 
                      beginning October 1, 2019, and ending May 22, 
                      2020'' and inserting ``through 2020 and for the 
                      period beginning October 1, 2020, and ending 
                      November 30, 2020''; and
                          (ii) by striking ``fiscal year 2020'' and 
                      inserting ``fiscal year 2021''; and
            (2) in subsection (f)(1), by striking ``and 2019 and 
        $48,287,671 for the period beginning October 1, 2019, and ending 
        May 22, 2020'' and inserting ``through 2020, and for the period 
        beginning on October 1, 2020, and ending on November 30, 2020, 
        the amount equal to the pro rata portion of the amount 
        appropriated for such period for fiscal year 2020''.
SEC. 3822. <<NOTE: Time periods.>>  EXTENSION OF PERSONAL 
                          RESPONSIBILITY EDUCATION PROGRAM.

    Section 513 of the Social Security Act (42 U.S.C. 713) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--

[[Page 134 STAT. 433]]

                          (i) in subparagraph (A), in the matter 
                      preceding clause (i), by striking ``2019 and for 
                      the period beginning October 1, 2019, and ending 
                      May 22, 2020'' and inserting ``2020 and for the 
                      period beginning October 1, 2020, and ending 
                      November 30, 2020''; and
                          (ii) in subparagraph (B)(i), by striking by 
                      striking ``October 1, 2019, and ending May 22, 
                      2020'' and inserting ``October 1, 2020, and ending 
                      November 30, 2020'';
            (2) in paragraph (4)(A), by striking ``2019'' each place it 
        appears and inserting ``2020''; and
            (3) in subsection (f), by striking ``2019 and $48,287,671 
        for the period beginning October 1, 2019, and ending May 22, 
        2020'' and inserting ``2020, and for the period beginning on 
        October 1, 2020, and ending on November 30, 2020, the amount 
        equal to the pro rata portion of the amount appropriated for 
        such period for fiscal year 2020''.
SEC. 3823. <<NOTE: 42 USC 1397g note.>>  EXTENSION OF 
                          DEMONSTRATION PROJECTS TO ADDRESS HEALTH 
                          PROFESSIONS WORKFORCE NEEDS.

    Activities authorized by section 2008 of the Social Security Act 
shall continue through November 30, 2020, in the manner authorized for 
fiscal year 2019, and out of any money in the Treasury of the United 
States not otherwise appropriated, there are hereby appropriated such 
sums as may be necessary for such purpose. Grants and payments may be 
made pursuant to this authority through the date so specified at the pro 
rata portion of the total amount authorized for such activities in 
fiscal year 2019.
SEC. 3824. <<NOTE: 42 USC 601 note.>>  EXTENSION OF THE TEMPORARY 
                          ASSISTANCE FOR NEEDY FAMILIES PROGRAM 
                          AND RELATED PROGRAMS.

    Activities authorized by part A of title IV and section 1108(b) of 
the Social Security Act shall continue through November 30, 2020, in the 
manner authorized for fiscal year 2019, and out of any money in the 
Treasury of the United States not otherwise appropriated, there are 
hereby appropriated such sums as may be necessary for such purpose.

                    PART IV--PUBLIC HEALTH PROVISIONS

SEC. 3831. <<NOTE: Time periods.>>  EXTENSION FOR COMMUNITY HEALTH 
                          CENTERS, THE NATIONAL HEALTH SERVICE 
                          CORPS, AND TEACHING HEALTH CENTERS THAT 
                          OPERATE GME PROGRAMS.

    (a) Community Health Centers.--Section 10503(b)(1)(F) of the Patient 
Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) is 
amended by striking ``and $2,575,342,466 for the period beginning on 
October 1, 2019, and ending on May 22, 2020'' and inserting 
``$4,000,000,000 for fiscal year 2020, and $668,493,151 for the period 
beginning on October 1, 2020, and ending on November 30, 2020''.
    (b) National Health Service Corps.--Section 10503(b)(2) of the 
Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)) is 
amended--
            (1) in subparagraph (F), by striking ``and'' at the end; and
            (2) by striking subparagraph (G) and inserting the 
        following:

[[Page 134 STAT. 434]]

                    ``(G) $310,000,000 for fiscal year 2020; and
                    ``(H) $51,808,219 for the period beginning on 
                October 1, 2020, and ending on November 30, 2020.''.

    (c) Teaching Health Centers That Operate Graduate Medical Education 
Programs.--Section 340H(g)(1) of the Public Health Service Act (42 
U.S.C. 256h(g)(1)) is amended by striking ``and 2019, and $81,445,205 
for the period beginning on October 1, 2019, and ending on May 22, 
2020'' and inserting ``through fiscal year 2020, and $21,141,096 for the 
period beginning on October 1, 2020, and ending on November 30, 2020''.
    (d) Application of Provisions.--Amounts appropriated pursuant to the 
amendments made by this section for fiscal year 2020 and for the period 
beginning on October 1, 2020, and ending on November 30, 2020, shall be 
subject to the requirements contained in Public Law 116-94 for funds for 
programs authorized under sections 330 through 340 of the Public Health 
Service Act (42 U.S.C. 254 through 256).
    (e) Conforming Amendment.--Paragraph (4) of section 3014(h) of title 
18, United States Code, as amended by section 401(e) of division N of 
Public Law 116-94, is amended by striking ``section 401(d) of division N 
of the Further Consolidated Appropriations Act, 2020'' and inserting 
``section 3831 of the CARES Act''.
SEC. 3832. <<NOTE: Time period.>>  DIABETES PROGRAMS.

    (a) Type I.--Section 330B(b)(2)(D) of the Public Health Service Act 
(42 U.S.C. 254c-2(b)(2)(D)) is amended by striking ``and 2019, and 
$96,575,342 for the period beginning on October 1, 2019, and ending on 
May 22, 2020'' and inserting ``through 2020, and $25,068,493 for the 
period beginning on October 1, 2020, and ending on November 30, 2020''.
    (b) Indians.--Section 330C(c)(2)(D) of the Public Health Service Act 
(42 U.S.C. 254c-3(c)(2)(D)) is amended by striking ``and 2019, and 
$96,575,342 for the period beginning on October 1, 2019, and ending on 
May 22, 2020'' and inserting ``through 2020, and $25,068,493 for the 
period beginning on October 1, 2020, and ending on November 30, 2020''.

                    PART V--MISCELLANEOUS PROVISIONS

SEC. 3841. PREVENTION OF DUPLICATE APPROPRIATIONS FOR FISCAL YEAR 
                          2020.

     Expenditures made under any provision of law amended in this title 
pursuant to the amendments made by the Continuing Appropriations Act, 
2020, and Health Extenders Act of 2019 (Public Law 116-59), the Further 
Continuing Appropriations Act, 2020, and Further Health Extenders Act of 
2019 (Public Law 116-69), and the Further Consolidated Appropriations 
Act, 2020 (Public Law 116-94) for fiscal year 2020 shall be charged to 
the applicable appropriation or authorization provided by the amendments 
made by this title to such provision of law for such fiscal year.

[[Page 134 STAT. 435]]

                   Subtitle F--Over-the-Counter Drugs

                         PART I--OTC DRUG REVIEW

SEC. 3851. REGULATION OF CERTAIN NONPRESCRIPTION DRUGS THAT ARE 
                          MARKETED WITHOUT AN APPROVED DRUG 
                          APPLICATION.

    (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic 
Act is amended by inserting after section 505F of such Act (21 U.S.C. 
355g) the following:
``SEC. 505G. <<NOTE: 21 USC 355h.>>  REGULATION OF CERTAIN 
                          NONPRESCRIPTION DRUGS THAT ARE MARKETED 
                          WITHOUT AN APPROVED DRUG APPLICATION.

    ``(a) Nonprescription Drugs Marketed Without an Approved 
Application.--Nonprescription drugs marketed without an approved drug 
application under section 505, as of the date of the enactment of this 
section, shall be treated in accordance with this subsection.
            ``(1) Drugs subject to a final monograph; category i drugs 
        subject to a tentative final monograph.--A drug is deemed to be 
        generally recognized as safe and effective under section 
        201(p)(1), not a new drug under section 201(p), and not subject 
        to section 503(b)(1), if--
                    ``(A) the drug is--
                          ``(i) in conformity with the requirements for 
                      nonprescription use of a final monograph issued 
                      under part 330 of title 21, Code of Federal 
                      Regulations (except as provided in paragraph (2)), 
                      the general requirements for nonprescription 
                      drugs, and conditions or requirements under 
                      subsections (b), (c), and (k); and
                          ``(ii) except as permitted by an order issued 
                      under subsection (b) or, in the case of a minor 
                      change in the drug, in conformity with an order 
                      issued under subsection (c), in a dosage form 
                      that, immediately prior to the date of the 
                      enactment of this section, has been used to a 
                      material extent and for a material time under 
                      section 201(p)(2); or
                    ``(B) the drug is--
                          ``(i) classified in category I for safety and 
                      effectiveness under a tentative final monograph 
                      that is the most recently applicable proposal or 
                      determination issued under part 330 of title 21, 
                      Code of Federal Regulations;
                          ``(ii) in conformity with the proposed 
                      requirements for nonprescription use of such 
                      tentative final monograph, any applicable 
                      subsequent determination by the Secretary, the 
                      general requirements for nonprescription drugs, 
                      and conditions or requirements under subsections 
                      (b), (c), and (k); and
                          ``(iii) except as permitted by an order issued 
                      under subsection (b) or, in the case of a minor 
                      change in the drug, in conformity with an order 
                      issued under subsection (c), in a dosage form 
                      that, immediately prior to the date of the 
                      enactment of this section, has been used to a 
                      material extent and for a material time under 
                      section 201(p)(2).

[[Page 134 STAT. 436]]

            ``(2) Treatment of sunscreen drugs.--With respect to 
        sunscreen drugs subject to this section, the applicable 
        requirements in terms of conformity with a final monograph, for 
        purposes of paragraph (1)(A)(i), shall be the requirements 
        specified in part 352 of title 21, Code of Federal Regulations, 
        as published on May 21, 1999, beginning on page 27687 of volume 
        64 of the Federal Register, except that the applicable 
        requirements governing effectiveness and labeling shall be those 
        specified in section 201.327 of title 21, Code of Federal 
        Regulations.
            ``(3) Category iii drugs subject to a tentative final 
        monograph; category i drugs subject to proposed monograph or 
        advance notice of proposed rulemaking.--A drug that is not 
        described in paragraph (1), (2), or (4) is not required to be 
        the subject of an application approved under section 505, and is 
        not subject to section 503(b)(1), if--
                    ``(A) the drug is--
                          ``(i) classified in category III for safety or 
                      effectiveness in the preamble of a proposed rule 
                      establishing a tentative final monograph that is 
                      the most recently applicable proposal or 
                      determination for such drug issued under part 330 
                      of title 21, Code of Federal Regulations;
                          ``(ii) in conformity with--
                                    ``(I) the conditions of use, 
                                including indication and dosage 
                                strength, if any, described for such 
                                category III drug in such preamble or in 
                                an applicable subsequent proposed rule;
                                    ``(II) the proposed requirements for 
                                drugs classified in such tentative final 
                                monograph in category I in the most 
                                recently proposed rule establishing 
                                requirements related to such tentative 
                                final monograph and in any final rule 
                                establishing requirements that are 
                                applicable to the drug; and
                                    ``(III) the general requirements for 
                                nonprescription drugs and conditions or 
                                requirements under subsection (b) or 
                                (k); and
                          ``(iii) in a dosage form that, immediately 
                      prior to the date of the enactment of this 
                      section, had been used to a material extent and 
                      for a material time under section 201(p)(2); or
                    ``(B) the drug is--
                          ``(i) classified in category I for safety and 
                      effectiveness under a proposed monograph or 
                      advance notice of proposed rulemaking that is the 
                      most recently applicable proposal or determination 
                      for such drug issued under part 330 of title 21, 
                      Code of Federal Regulations;
                          ``(ii) in conformity with the requirements for 
                      nonprescription use of such proposed monograph or 
                      advance notice of proposed rulemaking, any 
                      applicable subsequent determination by the 
                      Secretary, the general requirements for 
                      nonprescription drugs, and conditions or 
                      requirements under subsection (b) or (k); and
                          ``(iii) in a dosage form that, immediately 
                      prior to the date of the enactment of this 
                      section, has been used to a material extent and 
                      for a material time under section 201(p)(2).

[[Page 134 STAT. 437]]

            ``(4) <<NOTE: Effective date. Determination.>>  Category ii 
        drugs deemed new drugs.--A drug that is classified in category 
        II for safety or effectiveness under a tentative final monograph 
        or that is subject to a determination to be not generally 
        recognized as safe and effective in a proposed rule that is the 
        most recently applicable proposal issued under part 330 of title 
        21, Code of Federal Regulations, shall be deemed to be a new 
        drug under section 201(p), misbranded under section 502(ee), and 
        subject to the requirement for an approved new drug application 
        under section 505 beginning on the day that is 180 calendar days 
        after the date of the enactment of this section, unless, before 
        such day, the Secretary determines that it is in the interest of 
        public health to extend the period during which the drug may be 
        marketed without such an approved new drug application.
            ``(5) Drugs not grase deemed new drugs.--A drug that the 
        Secretary has determined not to be generally recognized as safe 
        and effective under section 201(p)(1) under a final 
        determination issued under part 330 of title 21, Code of Federal 
        Regulations, shall be deemed to be a new drug under section 
        201(p), misbranded under section 502(ee), and subject to the 
        requirement for an approved new drug application under section 
        505.
            ``(6) Other drugs deemed new drugs.--Except as provided in 
        subsection (m), a drug is deemed to be a new drug under section 
        201(p) and misbranded under section 502(ee) if the drug--
                    ``(A) is not subject to section 503(b)(1); and
                    ``(B) is not described in paragraph (1), (2), (3), 
                (4), or (5), or subsection (b)(1)(B).

    ``(b) Administrative Orders.--
            ``(1) In general.--
                    ``(A) Determination.--The Secretary may, on the 
                initiative of the Secretary or at the request of one or 
                more requestors, issue an administrative order 
                determining whether there are conditions under which a 
                specific drug, a class of drugs, or a combination of 
                drugs, is determined to be--
                          ``(i) not subject to section 503(b)(1); and
                          ``(ii) generally recognized as safe and 
                      effective under section 201(p)(1).
                    ``(B) Effect.--A drug or combination of drugs shall 
                be deemed to not require approval under section 505 if 
                such drug or combination of drugs--
                          ``(i) is determined by the Secretary to meet 
                      the conditions specified in clauses (i) and (ii) 
                      of subparagraph (A);
                          ``(ii) is marketed in conformity with an 
                      administrative order under this subsection;
                          ``(iii) meets the general requirements for 
                      nonprescription drugs; and
                          ``(iv) meets the requirements under 
                      subsections (c) and (k).
                    ``(C) Standard.--The Secretary shall find that a 
                drug is not generally recognized as safe and effective 
                under section 201(p)(1) if--

[[Page 134 STAT. 438]]

                          ``(i) the evidence shows that the drug is not 
                      generally recognized as safe and effective under 
                      section 201(p)(1); or
                          ``(ii) the evidence is inadequate to show that 
                      the drug is generally recognized as safe and 
                      effective under section 201(p)(1).
            ``(2) Administrative orders initiated by the secretary.--
                    ``(A) In general.--In issuing an administrative 
                order under paragraph (1) upon the Secretary's 
                initiative, the Secretary shall--
                          ``(i) <<NOTE: Notification. Deadline.>>  make 
                      reasonable efforts to notify informally, not later 
                      than 2 business days before the issuance of the 
                      proposed order, the sponsors of drugs who have a 
                      listing in effect under section 510(j) for the 
                      drugs or combination of drugs that will be subject 
                      to the administrative order;
                          ``(ii) after any such reasonable efforts of 
                      notification--
                                    ``(I) <<NOTE: Web posting.>>  issue 
                                a proposed administrative order by 
                                publishing it on the website of the Food 
                                and Drug Administration and include in 
                                such order the reasons for the issuance 
                                of such order; and
                                    ``(II) <<NOTE: Notice. Federal 
                                Register, publication. Public 
                                comment. Time period.>>  publish a 
                                notice of availability of such proposed 
                                order in the Federal Register;
                          ``(iii) except as provided in subparagraph 
                      (B), provide for a public comment period with 
                      respect to such proposed order of not less than 45 
                      calendar days; and
                          ``(iv) <<NOTE: Determination.>>  if, after 
                      completion of the proceedings specified in clauses 
                      (i) through (iii), the Secretary determines that 
                      it is appropriate to issue a final administrative 
                      order--
                                    ``(I) issue the final administrative 
                                order, together with a detailed 
                                statement of reasons, which order shall 
                                not take effect until the time for 
                                requesting judicial review under 
                                paragraph (3)(D)(ii) has expired;
                                    ``(II) <<NOTE: Notice. Federal 
                                Register, publication. Deadlines.>>  
                                publish a notice of such final 
                                administrative order in the Federal 
                                Register;
                                    ``(III) afford requestors of drugs 
                                that will be subject to such order the 
                                opportunity for formal dispute 
                                resolution up to the level of the 
                                Director of the Center for Drug 
                                Evaluation and Research, which initially 
                                must be requested within 45 calendar 
                                days of the issuance of the order, and, 
                                for subsequent levels of appeal, within 
                                30 calendar days of the prior decision; 
                                and
                                    ``(IV) except with respect to drugs 
                                described in paragraph (3)(B), upon 
                                completion of the formal dispute 
                                resolution procedure, inform the persons 
                                which sought such dispute resolution of 
                                their right to request a hearing.
                    ``(B) Exceptions.--When issuing an administrative 
                order under paragraph (1) on the Secretary's initiative 
                proposing to determine that a drug described in 
                subsection (a)(3) is not generally recognized as safe 
                and effective under

[[Page 134 STAT. 439]]

                section 201(p)(1), the Secretary shall follow the 
                procedures in subparagraph (A), except that--
                          ``(i) <<NOTE: Notice.>>  the proposed order 
                      shall include notice of--
                                    ``(I) the general categories of data 
                                the Secretary has determined necessary 
                                to establish that the drug is generally 
                                recognized as safe and effective under 
                                section 201(p)(1); and
                                    ``(II) the format for submissions by 
                                interested persons;
                          ``(ii) <<NOTE: Public comment. Time period.>>  
                      the Secretary shall provide for a public comment 
                      period of no less than 180 calendar days with 
                      respect to such proposed order, except when the 
                      Secretary determines, for good cause, that a 
                      shorter period is in the interest of public 
                      health; and
                          ``(iii) <<NOTE: Certification.>>  any person 
                      who submits data in such comment period shall 
                      include a certification that the person has 
                      submitted all evidence created, obtained, or 
                      received by that person that is both within the 
                      categories of data identified in the proposed 
                      order and relevant to a determination as to 
                      whether the drug is generally recognized as safe 
                      and effective under section 201(p)(1).
            ``(3) Hearings; judicial review.--
                    ``(A) In general.--Only a person who participated in 
                each stage of formal dispute resolution under subclause 
                (III) of paragraph (2)(A)(iv) of an administrative order 
                with respect to a drug may request a hearing concerning 
                a final administrative order issued under such paragraph 
                with respect to such drug. <<NOTE: Deadline.>>  If a 
                hearing is sought, such person must submit a request for 
                a hearing, which shall be based solely on information in 
                the administrative record, to the Secretary not later 
                than 30 calendar days after receiving notice of the 
                final decision of the formal dispute resolution 
                procedure.
                    ``(B) No hearing required with respect to orders 
                relating to certain drugs.--
                          ``(i) In general.--The Secretary shall not be 
                      required to provide notice and an opportunity for 
                      a hearing pursuant to paragraph (2)(A)(iv) if the 
                      final administrative order involved relates to a 
                      drug--
                                    ``(I) that is described in 
                                subsection (a)(3)(A); and
                                    ``(II) with respect to which no 
                                human or non-human data studies relevant 
                                to the safety or effectiveness of such 
                                drug have been submitted to the 
                                administrative record since the issuance 
                                of the most recent tentative final 
                                monograph relating to such drug.
                          ``(ii) Human data studies and non-human data 
                      defined.--In this subparagraph:
                                    ``(I) The term `human data studies' 
                                means clinical trials of safety or 
                                effectiveness (including actual use 
                                studies), pharmacokinetics studies, or 
                                bioavailability studies.
                                    ``(II) The term `non-human data' 
                                means data from testing other than with 
                                human subjects which

[[Page 134 STAT. 440]]

                                provides information concerning safety 
                                or effectiveness.
                    ``(C) Hearing procedures.--
                          ``(i) <<NOTE: Determination.>>  Denial of 
                      request for hearing.--If the Secretary determines 
                      that information submitted in a request for a 
                      hearing under subparagraph (A) with respect to a 
                      final administrative order issued under paragraph 
                      (2)(A)(iv) does not identify the existence of a 
                      genuine and substantial question of material fact, 
                      the Secretary may deny such request. In making 
                      such a determination, the Secretary may consider 
                      only information and data that are based on 
                      relevant and reliable scientific principles and 
                      methodologies.
                          ``(ii) Single hearing for multiple related 
                      requests.--If more than one request for a hearing 
                      is submitted with respect to the same 
                      administrative order under subparagraph (A), the 
                      Secretary may direct that a single hearing be 
                      conducted in which all persons whose hearing 
                      requests were granted may participate.
                          ``(iii) Presiding officer.--The presiding 
                      officer of a hearing requested under subparagraph 
                      (A) shall--
                                    ``(I) <<NOTE: Designation.>>  be 
                                designated by the Secretary;
                                    ``(II) not be an employee of the 
                                Center for Drug Evaluation and Research; 
                                and
                                    ``(III) not have been previously 
                                involved in the development of the 
                                administrative order involved or 
                                proceedings relating to that 
                                administrative order.
                          ``(iv) Rights of parties to hearing.--The 
                      parties to a hearing requested under subparagraph 
                      (A) shall have the right to present testimony, 
                      including testimony of expert witnesses, and to 
                      cross-examine witnesses presented by other 
                      parties. Where appropriate, the presiding officer 
                      may require that cross-examination by parties 
                      representing substantially the same interests be 
                      consolidated to promote efficiency and avoid 
                      duplication.
                          ``(v) Final decision.--
                                    ``(I) At the conclusion of a hearing 
                                requested under subparagraph (A), the 
                                presiding officer of the hearing shall 
                                issue a decision containing findings of 
                                fact and conclusions of law. The 
                                decision of the presiding officer shall 
                                be final.
                                    ``(II) The final decision may not 
                                take effect until the period under 
                                subparagraph (D)(ii) for submitting a 
                                request for judicial review of such 
                                decision expires.
                    ``(D) Judicial review of final administrative 
                order.--
                          ``(i) <<NOTE: Applicability.>>  In general.--
                      The procedures described in section 505(h) shall 
                      apply with respect to judicial review of final 
                      administrative orders issued under this subsection 
                      in the same manner and to the same extent as such 
                      section applies to an order described in such 
                      section except that the judicial review shall be 
                      taken by filing in an appropriate district court 
                      of the United

[[Page 134 STAT. 441]]

                      States in lieu of the appellate courts specified 
                      in such section.
                          ``(ii) Period to submit a request for judicial 
                      review.--A person <<NOTE: Deadline.>>  eligible to 
                      request a hearing under this paragraph and seeking 
                      judicial review of a final administrative order 
                      issued under this subsection shall file such 
                      request for judicial review not later than 60 
                      calendar days after the latest of--
                                    ``(I) the date on which notice of 
                                such order is published;
                                    ``(II) the date on which a hearing 
                                with respect to such order is denied 
                                under subparagraph (B) or (C)(i);
                                    ``(III) the date on which a final 
                                decision is made following a hearing 
                                under subparagraph (C)(v); or
                                    ``(IV) if no hearing is requested, 
                                the date on which the time for 
                                requesting a hearing expires.
            ``(4) Expedited procedure with respect to administrative 
        orders initiated by the secretary.--
                    ``(A) Imminent hazard to the public health.--
                          
                      ``(i) <<NOTE: Determination. Notification. Deadline
                      .>>  In general.--In the case of a determination 
                      by the Secretary that a drug, class of drugs, or 
                      combination of drugs subject to this section poses 
                      an imminent hazard to the public health, the 
                      Secretary, after first making reasonable efforts 
                      to notify, not later than 48 hours before issuance 
                      of such order under this subparagraph, sponsors 
                      who have a listing in effect under section 510(j) 
                      for such drug or combination of drugs--
                                    ``(I) may issue an interim final 
                                administrative order for such drug, 
                                class of drugs, or combination of drugs 
                                under paragraph (1), together with a 
                                detailed statement of the reasons for 
                                such order;
                                    ``(II) <<NOTE: Federal 
                                Register, publication. Notice. Public 
                                comment. Time period.>>  shall publish 
                                in the Federal Register a notice of 
                                availability of any such order; and
                                    ``(III) shall provide for a public 
                                comment period of at least 45 calendar 
                                days with respect to such interim final 
                                order.
                          ``(ii) Nondelegation.--The Secretary may not 
                      delegate the authority to issue an interim final 
                      administrative order under this subparagraph.
                    ``(B) Safety labeling changes.--
                          ``(i) <<NOTE: Determination.>>  In general.--
                      In the case of a determination by the Secretary 
                      that a change in the labeling of a drug, class of 
                      drugs, or combination of drugs subject to this 
                      section is reasonably expected to mitigate a 
                      significant or unreasonable risk of a serious 
                      adverse event associated with use of the drug, the 
                      Secretary may--
                                    
                                ``(I) <<NOTE: Notification. Deadline.>>  
                                make reasonable efforts to notify 
                                informally, not later than 48 hours 
                                before the issuance of the interim final 
                                order, the sponsors of drugs who have a 
                                listing in effect under section 510(j) 
                                for such drug or combination of drugs;
                                    ``(II) after reasonable efforts of 
                                notification, issue an interim final 
                                administrative order in

[[Page 134 STAT. 442]]

                                accordance with paragraph (1) to require 
                                such change, together with a detailed 
                                statement of the reasons for such order;
                                    ``(III) <<NOTE: Federal 
                                Register, publication. Notice. Public 
                                comment. Time period.>>  publish in the 
                                Federal Register a notice of 
                                availability of such order; and
                                    ``(IV) provide for a public comment 
                                period of at least 45 calendar days with 
                                respect to such interim final order.
                          ``(ii) Content of order.--An interim final 
                      order issued under this subparagraph with respect 
                      to the labeling of a drug may provide for new 
                      warnings and other information required for safe 
                      use of the drug.
                    ``(C) Effective date.--An order under subparagraph 
                (A) or (B) shall take effect on a date specified by the 
                Secretary.
                    ``(D) Final order.--After the completion of the 
                proceedings in subparagraph (A) or (B), the Secretary 
                shall--
                          ``(i) issue a final order in accordance with 
                      paragraph (1);
                          ``(ii) <<NOTE: Notice. Federal 
                      Register, publication. Deadlines. Appeals.>>  
                      publish a notice of availability of such final 
                      administrative order in the Federal Register; and
                          ``(iii) afford sponsors of such drugs that 
                      will be subject to such an order the opportunity 
                      for formal dispute resolution up to the level of 
                      the Director of the Center for Drug Evaluation and 
                      Research, which must initially be within 45 
                      calendar days of the issuance of the order, and 
                      for subsequent levels of appeal, within 30 
                      calendar days of the prior decision.
                    ``(E) Hearings.--A sponsor of a drug subject to a 
                final order issued under subparagraph (D) and that 
                participated in each stage of formal dispute resolution 
                under clause (iii) of such subparagraph may request a 
                hearing on such order. The 
                provisions <<NOTE: Applicability.>>  of subparagraphs 
                (A), (B), and (C) of paragraph (3), other than paragraph 
                (3)(C)(v)(II), shall apply with respect to a hearing on 
                such order in the same manner and to the same extent as 
                such provisions apply with respect to a hearing on an 
                administrative order issued under paragraph (2)(A)(iv).
                    ``(F) Timing.--
                          ``(i) <<NOTE: Deadlines.>>  Final order and 
                      hearing.--The Secretary shall--
                                    ``(I) not later than 6 months after 
                                the date on which the comment period 
                                closes under subparagraph (A) or (B), 
                                issue a final order in accordance with 
                                paragraph (1); and
                                    ``(II) not later than 12 months 
                                after the date on which such final order 
                                is issued, complete any hearing under 
                                subparagraph (E).
                          ``(ii) Dispute resolution request.--The 
                      Secretary shall specify in an interim final order 
                      issued under subparagraph (A) or (B) such shorter 
                      periods for requesting dispute resolution under 
                      subparagraph (D)(iii) as are necessary to meet the 
                      requirements of this subparagraph.
                    ``(G) Judicial review.--A final order issued 
                pursuant to subparagraph (F) shall be subject to 
                judicial review in accordance with paragraph (3)(D).

[[Page 134 STAT. 443]]

            ``(5) Administrative order initiated at the request of a 
        requestor.--
                    ``(A) <<NOTE: Determinations.>>  In general.--In 
                issuing an administrative order under paragraph (1) at 
                the request of a requestor with respect to certain 
                drugs, classes of drugs, or combinations of drugs--
                          ``(i) the Secretary shall, after receiving a 
                      request under this subparagraph, determine whether 
                      the request is sufficiently complete and formatted 
                      to permit a substantive review;
                          ``(ii) if the Secretary determines that the 
                      request is sufficiently complete and formatted to 
                      permit a substantive review, the Secretary shall--
                                    ``(I) file the request; and
                                    ``(II) initiate proceedings with 
                                respect to issuing an administrative 
                                order in accordance with paragraphs (2) 
                                and (3); and
                          ``(iii) except as provided in paragraph (6), 
                      if the Secretary determines that a request does 
                      not meet the requirements for filing or is not 
                      sufficiently complete and formatted to permit a 
                      substantive review, the requestor may demand that 
                      the request be filed over protest, and the 
                      Secretary shall initiate proceedings to review the 
                      request in accordance with paragraph (2)(A).
                    ``(B) <<NOTE: Determinations.>>  Request to initiate 
                proceedings.--
                          ``(i) In general.--A requestor seeking an 
                      administrative order under paragraph (1) with 
                      respect to certain drugs, classes of drugs, or 
                      combinations of drugs, shall submit to the 
                      Secretary a request to initiate proceedings for 
                      such order in the form and manner as specified by 
                      the Secretary. Such requestor may submit a request 
                      under this subparagraph for the issuance of an 
                      administrative order--
                                    ``(I) determining whether a drug is 
                                generally recognized as safe and 
                                effective under section 201(p)(1), 
                                exempt from section 503(b)(1), and not 
                                required to be the subject of an 
                                approved application under section 505; 
                                or
                                    ``(II) determining whether a change 
                                to a condition of use of a drug is 
                                generally recognized as safe and 
                                effective under section 201(p)(1), 
                                exempt from section 503(b)(1), and not 
                                required to be the subject of an 
                                approved application under section 505, 
                                if, absent such a changed condition of 
                                use, such drug is--
                                            ``(aa) generally recognized 
                                        as safe and effective under 
                                        section 201(p)(1) in accordance 
                                        with subsection (a)(1), (a)(2), 
                                        or an order under this 
                                        subsection; or
                                            ``(bb) subject to subsection 
                                        (a)(3), but only if such 
                                        requestor initiates such request 
                                        in conjunction with a request 
                                        for the Secretary to determine 
                                        whether such drug is generally 
                                        recognized as safe and effective 
                                        under section 201(p)(1), which 
                                        is filed by the Secretary under 
                                        subparagraph (A)(ii).

[[Page 134 STAT. 444]]

                          ``(ii) Exception.--The Secretary is not 
                      required to complete review of a request for a 
                      change described in clause (i)(II) if the 
                      Secretary determines that there is an inadequate 
                      basis to find the drug is generally recognized as 
                      safe and effective under section 201(p)(1) under 
                      paragraph (1) and issues a final order announcing 
                      that determination.
                          ``(iii) Withdrawal.--The requestor may 
                      withdraw a request under this paragraph, according 
                      to the procedures set forth pursuant to subsection 
                      (d)(2)(B). Notwithstanding any other provision of 
                      this section, if such request is withdrawn, the 
                      Secretary may cease proceedings under this 
                      subparagraph.
                    ``(C) Exclusivity.--
                          ``(i) <<NOTE: Time period.>>  In general.--A 
                      final administrative order issued in response to a 
                      request under this section shall have the effect 
                      of authorizing solely the order requestor (or the 
                      licensees, assignees, or successors in interest of 
                      such requestor with respect to the subject of such 
                      order), for a period of 18 months following the 
                      effective date of such final order and beginning 
                      on the date the requestor may lawfully market such 
                      drugs pursuant to the order, to market drugs--
                                    ``(I) incorporating changes 
                                described in clause (ii); and
                                    ``(II) subject to the limitations 
                                under clause (iv).
                          ``(ii) Changes described.--A change described 
                      in this clause is a change subject to an order 
                      specified in clause (i), which--
                                    ``(I) provides for a drug to contain 
                                an active ingredient (including any 
                                ester or salt of the active ingredient) 
                                not previously incorporated in a drug 
                                described in clause (iii); or
                                    ``(II) provides for a change in the 
                                conditions of use of a drug, for which 
                                new human data studies conducted or 
                                sponsored by the requestor (or for which 
                                the requestor has an exclusive right of 
                                reference) were essential to the 
                                issuance of such order.
                          ``(iii) Drugs described.--The drugs described 
                      in this clause are drugs--
                                    ``(I) specified in subsection 
                                (a)(1), (a)(2), or (a)(3);
                                    ``(II) subject to a final order 
                                issued under this section;
                                    ``(III) subject to a final sunscreen 
                                order (as defined in section 586(2)(A)); 
                                or
                                    ``(IV) described in subsection 
                                (m)(1), other than drugs subject to an 
                                active enforcement action under chapter 
                                III of this Act.
                          ``(iv) Limitations on exclusivity.--
                                    ``(I) <<NOTE: Time period.>> In 
                                general.--Only one 18-month period under 
                                this subparagraph shall be granted, 
                                under each order described in clause 
                                (i), with respect to changes (to the 
                                drug subject to such order) which are 
                                either--

[[Page 134 STAT. 445]]

                                            ``(aa) changes described in 
                                        clause (ii)(I), relating to 
                                        active ingredients; or
                                            ``(bb) changes described in 
                                        clause (ii)(II), relating to 
                                        conditions of use.
                                    ``(II) No exclusivity allowed.--No 
                                exclusivity shall apply to changes to a 
                                drug which are--
                                            ``(aa) the subject of a Tier 
                                        2 OTC monograph order request 
                                        (as defined in section 744L);
                                            ``(bb) safety-related 
                                        changes, as defined by the 
                                        Secretary, or any other changes 
                                        the Secretary considers 
                                        necessary to assure safe use; or
                                            ``(cc) changes related to 
                                        methods of testing safety or 
                                        efficacy.
                          ``(v) New human data studies defined.--In this 
                      subparagraph, the term `new human data studies' 
                      means clinical trials of safety or effectiveness 
                      (including actual use studies), pharmacokinetics 
                      studies, or bioavailability studies, the results 
                      of which--
                                    ``(I) have not been relied on by the 
                                Secretary to support--
                                            ``(aa) a proposed or final 
                                        determination that a drug 
                                        described in subclause (I), 
                                        (II), or (III) of clause (iii) 
                                        is generally recognized as safe 
                                        and effective under section 
                                        201(p)(1); or
                                            ``(bb) approval of a drug 
                                        that was approved under section 
                                        505; and
                                    ``(II) do not duplicate the results 
                                of another study that was relied on by 
                                the Secretary to support--
                                            ``(aa) a proposed or final 
                                        determination that a drug 
                                        described in subclause (I), 
                                        (II), or (III) of clause (iii) 
                                        is generally recognized as safe 
                                        and effective under section 
                                        201(p)(1); or
                                            ``(bb) approval of a drug 
                                        that was approved under section 
                                        505.
                          ``(vi) Notification of drug not available for 
                      sale.--A requestor <<NOTE: Deadline. Time 
                      period.>>  that is granted exclusivity with 
                      respect to a drug under this subparagraph shall 
                      notify the Secretary in writing within 1 year of 
                      the issuance of the final administrative order if 
                      the drug that is the subject of such order will 
                      not be available for sale within 1 year of the 
                      date of issuance of such order. The requestor 
                      shall include with such notice the--
                                    ``(I) identity of the drug by 
                                established name and by proprietary 
                                name, if any;
                                    ``(II) strength of the drug;
                                    ``(III) date on which the drug will 
                                be available for sale, if known; and
                                    ``(IV) reason for not marketing the 
                                drug after issuance of the order.

[[Page 134 STAT. 446]]

            ``(6) Information regarding safe nonprescription marketing 
        and use as condition for filing a generally recognized as safe 
        and effective request.--
                    ``(A) In general.--In response to a request under 
                this section that a drug described in subparagraph (B) 
                be generally recognized as safe and effective, the 
                Secretary--
                          ``(i) may file such request, if the request 
                      includes information specified under subparagraph 
                      (C) with respect to safe nonprescription marketing 
                      and use of such drug; or
                          ``(ii) if the request fails to include 
                      information specified under subparagraph (C), 
                      shall refuse to file such request and require that 
                      nonprescription marketing of the drug be pursuant 
                      to a new drug application as described in 
                      subparagraph (D).
                    ``(B) Drug described.--A drug described in this 
                subparagraph is a nonprescription drug which contains an 
                active ingredient not previously incorporated in a 
                drug--
                          ``(i) specified in subsection (a)(1), (a)(2), 
                      or (a)(3);
                          ``(ii) subject to a final order under this 
                      section; or
                          ``(iii) subject to a final sunscreen order (as 
                      defined in section 586(2)(A)).
                    ``(C) Information demonstrating prima facie safe 
                nonprescription marketing and use.--Information 
                specified in this subparagraph, with respect to a 
                request described in subparagraph (A)(i), is--
                          ``(i) information sufficient for a prima facie 
                      demonstration that the drug subject to such 
                      request has a verifiable history of being marketed 
                      and safely used by consumers in the United States 
                      as a nonprescription drug under comparable 
                      conditions of use;
                          ``(ii) if the drug has not been previously 
                      marketed in the United States as a nonprescription 
                      drug, information sufficient for a prima facie 
                      demonstration that the drug was marketed and 
                      safely used under comparable conditions of 
                      marketing and use in a country listed in section 
                      802(b)(1)(A) or designated by the Secretary in 
                      accordance with section 802(b)(1)(B)--
                                    ``(I) for such period as needed to 
                                provide reasonable assurances concerning 
                                the safe nonprescription use of the 
                                drug; and
                                    ``(II) during such time was subject 
                                to sufficient monitoring by a regulatory 
                                body considered acceptable by the 
                                Secretary for such monitoring purposes, 
                                including for adverse events associated 
                                with nonprescription use of the drug; or
                          ``(iii) <<NOTE: Determination.>>  if the 
                      Secretary determines that information described in 
                      clause (i) or (ii) is not needed to provide a 
                      prima facie demonstration that the drug can be 
                      safely marketed and used as a nonprescription 
                      drug, such other information the Secretary 
                      determines is sufficient for such purposes.
                    ``(D) <<NOTE: Determinations.>> Marketing pursuant 
                to new drug application.--In the case of a request 
                described in subparagraph (A)(ii), the drug subject to 
                such request may be resubmitted for filing only if--

[[Page 134 STAT. 447]]

                          ``(i) the drug is marketed as a 
                      nonprescription drug, under conditions of use 
                      comparable to the conditions specified in the 
                      request, for such period as the Secretary 
                      determines appropriate (not to exceed 5 
                      consecutive years) pursuant to an application 
                      approved under section 505; and
                          ``(ii) during such period, 1,000,000 retail 
                      packages of the drug, or an equivalent quantity as 
                      determined by the Secretary, were distributed for 
                      retail sale, as determined in such manner as the 
                      Secretary finds appropriate.
                    ``(E) Rule of application.--Except in the case of a 
                request involving a drug described in section 586(9), as 
                in effect on January 1, 2017, if the Secretary refuses 
                to file a request under this paragraph, the requestor 
                may not file such request over protest under paragraph 
                (5)(A)(iii).
            ``(7) Packaging.--An administrative order issued under 
        paragraph (2), (4)(A), or (5) may include requirements for the 
        packaging of a drug to encourage use in accordance with 
        labeling. Such requirements may include unit dose packaging, 
        requirements for products intended for use by pediatric 
        populations, requirements to reduce risk of harm from 
        unsupervised ingestion, and other appropriate requirements. This 
        paragraph does not authorize the Food and Drug Administration to 
        require standards or testing procedures as described in part 
        1700 of title 16, Code of Federal Regulations.
            ``(8) Final and tentative final monographs for category i 
        drugs deemed final administrative orders.--
                    ``(A) In general.--A final monograph or tentative 
                final monograph described in subparagraph (B) shall be 
                deemed to be a final administrative order under this 
                subsection and may be amended, revoked, or otherwise 
                modified in accordance with the procedures of this 
                subsection.
                    ``(B) Monographs described.--For purposes of 
                subparagraph (A), a final monograph or tentative final 
                monograph is described in this subparagraph if it--
                          ``(i) establishes conditions of use for a drug 
                      described in paragraph (1) or (2) of subsection 
                      (a); and
                          ``(ii) represents the most recently 
                      promulgated version of such conditions, including 
                      as modified, in whole or in part, by any proposed 
                      or final rule.
                    ``(C) Deemed orders include harmonizing technical 
                amendments.--The deemed <<NOTE: Determination.>>  
                establishment of a final administrative order under 
                subparagraph (A) shall be construed to include any 
                technical amendments to such order as the Secretary 
                determines necessary to ensure that such order is 
                appropriately harmonized, in terms of terminology or 
                cross-references, with the applicable provisions of this 
                Act (and regulations thereunder) and any other orders 
                issued under this section.

    ``(c) Procedure for Minor Changes.--
            ``(1) In general.--Minor changes in the dosage form of a 
        drug that is described in paragraph (1) or (2) of subsection (a) 
        or the subject of an order issued under subsection (b) may

[[Page 134 STAT. 448]]

        be made by a requestor without the issuance of an order under 
        subsection (b) if--
                    ``(A) the requestor maintains such information as is 
                necessary to demonstrate that the change--
                          ``(i) will not affect the safety or 
                      effectiveness of the drug; and
                          ``(ii) will not materially affect the extent 
                      of absorption or other exposure to the active 
                      ingredient in comparison to a suitable reference 
                      product; and
                    ``(B) the change is in conformity with the 
                requirements of an applicable administrative order 
                issued by the Secretary under paragraph (3).
            ``(2) Additional information.--
                    ``(A) <<NOTE: Deadline.>>  Access to records.--A 
                sponsor shall submit records requested by the Secretary 
                relating to such a minor change under section 704(a)(4), 
                within 15 business days of receiving such a request, or 
                such longer period as the Secretary may provide.
                    ``(B) <<NOTE: Determination.>>  Insufficient 
                information.--If the Secretary determines that the 
                information contained in such records is not sufficient 
                to demonstrate that the change does not affect the 
                safety or effectiveness of the drug or materially affect 
                the extent of absorption or other exposure to the active 
                ingredient, the Secretary--
                          ``(i) may so inform the sponsor of the drug in 
                      writing; and
                          ``(ii) if the Secretary so informs the 
                      sponsor, shall provide the sponsor of the drug 
                      with a reasonable opportunity to provide 
                      additional information.
                    ``(C) <<NOTE: Determination.>>  Failure to submit 
                sufficient information.--If the sponsor fails to provide 
                such additional information within a time prescribed by 
                the Secretary, or if the Secretary determines that such 
                additional information does not demonstrate that the 
                change does not--
                          ``(i) affect the safety or effectiveness of 
                      the drug; or
                          ``(ii) materially affect the extent of 
                      absorption or other exposure to the active 
                      ingredient in comparison to a suitable reference 
                      product,
                the drug as modified is a new drug under section 201(p) 
                and shall be deemed to be misbranded under section 
                502(ee).
            ``(3) Determining whether a change will affect safety or 
        effectiveness.--
                    ``(A) <<NOTE: Requirements. Guidance.>>  In 
                general.--The Secretary shall issue one or more 
                administrative orders specifying requirements for 
                determining whether a minor change made by a sponsor 
                pursuant to this subsection will affect the safety or 
                effectiveness of a drug or materially affect the extent 
                of absorption or other exposure to an active ingredient 
                in the drug in comparison to a suitable reference 
                product, together with guidance for applying those 
                orders to specific dosage forms.
                    ``(B) Standard practices.--The orders and guidance 
                issued by the Secretary under subparagraph (A) shall 
                take into account relevant public standards and standard 
                practices for evaluating the quality of drugs, and may 
                take

[[Page 134 STAT. 449]]

                into account the special needs of populations, including 
                children.

    ``(d) Confidentiality of Information Submitted to the Secretary.--
            ``(1) In general.--Subject to paragraph (2), any 
        information, including reports of testing conducted on the drug 
        or drugs involved, that is submitted by a requestor in 
        connection with proceedings on an order under this section 
        (including any minor change under subsection (c)) and is a trade 
        secret or confidential information subject to section 552(b)(4) 
        of title 5, United States Code, or section 1905 of title 18, 
        United States Code, shall not be disclosed to the public unless 
        the requestor consents to that disclosure.
            ``(2) Public availability.--
                    ``(A) <<NOTE: Deadlines.>>  In general.--Except as 
                provided in subparagraph (B), the Secretary shall--
                          ``(i) make any information submitted by a 
                      requestor in support of a request under subsection 
                      (b)(5)(A) available to the public not later than 
                      the date on which the proposed order is issued; 
                      and
                          ``(ii) make any information submitted by any 
                      other person with respect to an order requested 
                      (or initiated by the Secretary) under subsection 
                      (b), available to the public upon such submission.
                    ``(B) Limitations on public availability.--
                Information described in subparagraph (A) shall not be 
                made public if--
                          ``(i) the information pertains to 
                      pharmaceutical quality information, unless such 
                      information is necessary to establish standards 
                      under which a drug is generally recognized as safe 
                      and effective under section 201(p)(1);
                          ``(ii) <<NOTE: Procedures.>> the information 
                      is submitted in a requestor-initiated request, but 
                      the requestor withdraws such request, in 
                      accordance with withdrawal procedures established 
                      by the Secretary, before the Secretary issues the 
                      proposed order;
                          ``(iii) the Secretary requests and obtains the 
                      information under subsection (c) and such 
                      information is not submitted in relation to an 
                      order under subsection (b); or
                          ``(iv) the information is of the type 
                      contained in raw datasets.

    ``(e) <<NOTE: Deadlines.>>  Updates to Drug Listing Information.--A 
sponsor who makes a change to a drug subject to this section shall 
submit updated drug listing information for the drug in accordance with 
section 510(j) within 30 calendar days of the date when the drug is 
first commercially marketed, except that a sponsor who was the order 
requestor with respect to an order subject to subsection (b)(5)(C) (or a 
licensee, assignee, or successor in interest of such requestor) shall 
submit updated drug listing information on or before the date when the 
drug is first commercially marketed.

    ``(f) Approvals Under Section 505.--The provisions of this section 
shall not be construed to preclude a person from seeking or maintaining 
the approval of an application for a drug under sections 505(b)(1), 
505(b)(2), and 505(j) <<NOTE: Determination.>> . A determination under 
this section that a drug is not subject to section 503(b)(1), is 
generally

[[Page 134 STAT. 450]]

recognized as safe and effective under section 201(p)(1), and is not a 
new drug under section 201(p) shall constitute a finding that the drug 
is safe and effective that may be relied upon for purposes of an 
application under section 505(b)(2), so that the applicant shall be 
required to submit for purposes of such application only information 
needed to support any modification of the drug that is not covered by 
such determination under this section.

    ``(g) <<NOTE: Time period. Determination.>>  Public Availability of 
Administrative Orders.--The Secretary shall establish, maintain, update 
(as determined necessary by the Secretary but no less frequently than 
annually), and make publicly available, with respect to orders issued 
under this section--
            ``(1) a repository of each final order and interim final 
        order in effect, including the complete text of the order; and
            ``(2) <<NOTE: Lists.>>  a listing of all orders proposed and 
        under development under subsection (b)(2), including--
                    ``(A) a brief description of each such order; and
                    ``(B) <<NOTE: Time period.>>  the Secretary's 
                expectations, if resources permit, for issuance of 
                proposed orders over a 3-year period.

    ``(h) Development Advice to Sponsors or Requestors.--The 
Secretary <<NOTE: Procedures.>>  shall establish procedures under which 
sponsors or requestors may meet with appropriate officials of the Food 
and Drug Administration to obtain advice on the studies and other 
information necessary to support submissions under this section and 
other matters relevant to the regulation of nonprescription drugs and 
the development of new nonprescription drugs under this section.

    ``(i) Participation of Multiple Sponsors or Requestors.--The 
Secretary <<NOTE: Procedures.>>  shall establish procedures to 
facilitate efficient participation by multiple sponsors or requestors in 
proceedings under this section, including provision for joint meetings 
with multiple sponsors or requestors or with organizations nominated by 
sponsors or requestors to represent their interests in a proceeding.

    ``(j) Electronic Format.--All submissions under this section shall 
be in electronic format.
    ``(k) Effect on Existing Regulations Governing Nonprescription 
Drugs.--
            ``(1) Regulations of general applicability to 
        nonprescription drugs.--Except as provided in this subsection, 
        nothing in this section supersedes regulations establishing 
        general requirements for nonprescription drugs, including 
        regulations of general applicability contained in parts 201, 
        250, and 330 of title 21, Code of Federal Regulations, or any 
        successor regulations. The Secretary shall establish or modify 
        such regulations by means of rulemaking in accordance with 
        section 553 of title 5, United States Code.
            ``(2) Regulations establishing requirements for specific 
        nonprescription drugs.--
                    ``(A) The provisions of section 310.545 of title 21, 
                Code of Federal Regulations, as in effect on the day 
                before the date of the enactment of this section, shall 
                be deemed to be a final order under subsection (b).
                    ``(B) Regulations in effect on the day before the 
                date of the enactment of this section, establishing 
                requirements for specific nonprescription drugs marketed 
                pursuant to this section (including such requirements in 
                parts 201 and 250 of title 21, Code of Federal 
                Regulations), shall be

[[Page 134 STAT. 451]]

                deemed to be final orders under subsection (b), only as 
                they apply to drugs--
                          ``(i) subject to paragraph (1), (2), (3), or 
                      (4) of subsection (a); or
                          ``(ii) otherwise subject to an order under 
                      this section.
            ``(3) Withdrawal of regulations.--The Secretary shall 
        withdraw regulations establishing final monographs and the 
        procedures governing the over-the-counter drug review under part 
        330 and other relevant parts of title 21, Code of Federal 
        Regulations (as in effect on the day before the date of the 
        enactment of this section), or make technical changes to such 
        regulations to ensure conformity with appropriate terminology 
        and cross references. <<NOTE: Notice. Effective date. Federal 
        Register, publication.>>  Notwithstanding subchapter II of 
        chapter 5 of title 5, United States Code, any such withdrawal or 
        technical changes shall be made without public notice and 
        comment and shall be effective upon publication through notice 
        in the Federal Register (or upon such date as specified in such 
        notice).

    ``(l) Guidance.--The Secretary shall issue guidance that specifies--
            ``(1) <<NOTE: Procedures.>>  the procedures and principles 
        for formal meetings between the Secretary and sponsors or 
        requestors for drugs subject to this section;
            ``(2) the format and content of data submissions to the 
        Secretary under this section;
            ``(3) the format of electronic submissions to the Secretary 
        under this section;
            ``(4) <<NOTE: Appeals. Procedures.>>  consolidated 
        proceedings for appeal and the procedures for such proceedings 
        where appropriate; and
            ``(5) <<NOTE: Recommenda- tions.>>  for minor changes in 
        drugs, recommendations on how to comply with the requirements in 
        orders issued under subsection (c)(3).

    ``(m) Rule of Construction.--
            ``(1) In general.--This section shall not affect the 
        treatment or status of a nonprescription drug--
                    ``(A) that is marketed without an application 
                approved under section 505 as of the date of the 
                enactment of this section;
                    ``(B) that is not subject to an order issued under 
                this section; and
                    ``(C) to which paragraph (1), (2), (3), (4), or (5) 
                of subsection (a) do not apply.
            ``(2) Treatment of products previously found to be subject 
        to time and extent requirements.--
                    ``(A) Notwithstanding subsection (a), a drug 
                described in subparagraph (B) may only be lawfully 
                marketed, without an application approved under section 
                505, pursuant to an order issued under this section.
                    ``(B) A drug described in this subparagraph is a 
                drug which, prior to the date of the enactment of this 
                section, the Secretary determined in a proposed or final 
                rule to be ineligible for review under the OTC drug 
                review (as such phrase `OTC drug review' was used in 
                section 330.14 of title 21, Code of Federal Regulations, 
                as in effect on the day before the date of the enactment 
                of this section).
            ``(3) Preservation of authority.--

[[Page 134 STAT. 452]]

                    ``(A) Nothing in paragraph (1) shall be construed to 
                preclude or limit the applicability of any provision of 
                this Act other than this section.
                    ``(B) Nothing in subsection (a) shall be construed 
                to prohibit the Secretary from issuing an order under 
                this section finding a drug to be not generally 
                recognized as safe and effective under section 
                201(p)(1), as the Secretary determines appropriate.

    ``(n) Investigational New Drugs.--A drug is not subject to this 
section if an exemption for investigational use under section 505(i) is 
in effect for such drug.
    ``(o) Inapplicability of Paperwork Reduction Act.--Chapter 35 of 
title 44, United States Code, shall not apply to collections of 
information made under this section.
    ``(p) Inapplicability of Notice and Comment Rulemaking and Other 
Requirements.--The requirements <<NOTE: Applicability.>>  of subsection 
(b) shall apply with respect to orders issued under this section instead 
of the requirements of subchapter II of chapter 5 of title 5, United 
States Code.

    ``(q) Definitions.--In this section:
            ``(1) The term `nonprescription drug' refers to a drug not 
        subject to the requirements of section 503(b)(1).
            ``(2) The term `sponsor' refers to any person marketing, 
        manufacturing, or processing a drug that--
                    ``(A) is listed pursuant to section 510(j); and
                    ``(B) is or will be subject to an administrative 
                order under this section of the Food and Drug 
                Administration.
            ``(3) The term `requestor' refers to any person or group of 
        persons marketing, manufacturing, processing, or developing a 
        drug.''.

    (b) <<NOTE: Deadline.>>  GAO Study.--Not later than 4 years after 
the date of enactment of this Act, the Comptroller General of the United 
States shall submit a study to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate addressing the effectiveness and 
overall impact of exclusivity under section 505G of the Federal Food, 
Drug, and Cosmetic Act, as added by subsection (a), and section 586C of 
such Act (21 U.S.C. 360fff-3), including the impact of such exclusivity 
on consumer access. <<NOTE: Analyses.>>  Such study shall include--
            (1) an analysis of the impact of exclusivity under such 
        section 505G for nonprescription drug products, including--
                    (A) the number of nonprescription drug products that 
                were granted exclusivity and the indication for which 
                the nonprescription drug products were determined to be 
                generally recognized as safe and effective;
                    (B) whether the exclusivity for such drug products 
                was granted for--
                          (i) a new active ingredient (including any 
                      ester or salt of the active ingredient); or
                          (ii) changes in the conditions of use of a 
                      drug, for which new human data studies conducted 
                      or sponsored by the requestor were essential;
                    (C) whether, and to what extent, the exclusivity 
                impacted the requestor's or sponsor's decision to 
                develop the drug product;

[[Page 134 STAT. 453]]

                    (D) an analysis of the implementation of the 
                exclusivity provision in such section 505G, including--
                          (i) the resources used by the Food and Drug 
                      Administration;
                          (ii) the impact of such provision on 
                      innovation, as well as research and development in 
                      the nonprescription drug market;
                          (iii) the impact of such provision on 
                      competition in the nonprescription drug market;
                          (iv) the impact of such provision on consumer 
                      access to nonprescription drug products;
                          (v) the impact of such provision on the prices 
                      of nonprescription drug products; and
                          (vi) whether the administrative orders 
                      initiated by requestors under such section 505G 
                      have been sufficient to encourage the development 
                      of nonprescription drug products that would likely 
                      not be otherwise developed, or developed in as 
                      timely a manner; and
                    (E) whether the administrative orders initiated by 
                requestors under such section 505G have been sufficient 
                incentive to encourage innovation in the nonprescription 
                drug market; and
            (2) an analysis of the impact of exclusivity under such 
        section 586C for sunscreen ingredients, including--
                    (A) the number of sunscreen ingredients that were 
                granted exclusivity and the specific ingredient that was 
                determined to be generally recognized as safe and 
                effective;
                    (B) whether, and to what extent, the exclusivity 
                impacted the requestor's or sponsor's decision to 
                develop the sunscreen ingredient;
                    (C) whether, and to what extent, the sunscreen 
                ingredient granted exclusivity had previously been 
                available outside of the United States;
                    (D) an analysis of the implementation of the 
                exclusivity provision in such section 586C, including--
                          (i) the resources used by the Food and Drug 
                      Administration;
                          (ii) the impact of such provision on 
                      innovation, as well as research and development in 
                      the sunscreen market;
                          (iii) the impact of such provision on 
                      competition in the sunscreen market;
                          (iv) the impact of such provision on consumer 
                      access to sunscreen products;
                          (v) the impact of such provision on the prices 
                      of sunscreen products; and
                          (vi) whether the administrative orders 
                      initiated by requestors under such section 505G 
                      have been utilized by sunscreen ingredient 
                      sponsors and whether such process has been 
                      sufficient to encourage the development of 
                      sunscreen ingredients that would likely not be 
                      otherwise developed, or developed in as timely a 
                      manner; and
                    (E) whether the administrative orders initiated by 
                requestors under such section 586C have been sufficient 
                incentive to encourage innovation in the sunscreen 
                market.

[[Page 134 STAT. 454]]

    (c) Conforming Amendment.--Section 751(d)(1) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 379r(d)(1)) is amended--
            (1) in the matter preceding subparagraph (A)--
                    (A) by striking ``final regulation promulgated'' and 
                inserting ``final order under section 505G''; and
                    (B) by striking ``and not misbranded''; and
            (2) in subparagraph (A), by striking ``regulation in 
        effect'' and inserting ``regulation or order in effect''.
SEC. 3852. MISBRANDING.

    Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
352) is amended by adding at the end the following:
    ``(ee) If it is a nonprescription drug that is subject to section 
505G, is not the subject of an application approved under section 505, 
and does not comply with the requirements under section 505G.
    ``(ff) If it is a drug and it was manufactured, prepared, 
propagated, compounded, or processed in a facility for which fees have 
not been paid as required by section 744M.''.
SEC. 3853. <<NOTE: 21 USC 355h note.>>  DRUGS EXCLUDED FROM THE 
                          OVER-THE-COUNTER DRUG REVIEW.

    (a) In General.--Nothing in this Act (or the amendments made by this 
Act) shall apply to any nonprescription drug (as defined in section 
505G(q) of the Federal Food, Drug, and Cosmetic Act, as added by section 
3851 of this subtitle) which was excluded by the Food and Drug 
Administration from the Over-the-Counter Drug Review in accordance with 
the paragraph numbered 25 on page 9466 of volume 37 of the Federal 
Register, published on May 11, 1972.
    (b) Rule of Construction.--Nothing in this section shall be 
construed to preclude or limit the applicability of any other provision 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
SEC. 3854. <<NOTE: 21 USC 360fff-3 note.>>  TREATMENT OF SUNSCREEN 
                          INNOVATION ACT.

    (a) Review of Nonprescription Sunscreen Active Ingredients.--
            (1) Applicability of section 505g for pending submissions.--
                    (A) <<NOTE: Notification. Deadline.>>  In general.--
                A sponsor of a nonprescription sunscreen active 
                ingredient or combination of nonprescription sunscreen 
                active ingredients that, as of the date of enactment of 
                this Act, is subject to a proposed sunscreen order under 
                section 586C of the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 360fff-3) may elect, by means of giving 
                written notification to the Secretary of Health and 
                Human Services within 180 calendar days of the enactment 
                of this Act, to transition into the review of such 
                ingredient or combination of ingredients pursuant to the 
                process set out in section 505G of the Federal Food, 
                Drug, and Cosmetic Act, as added by section 3851 of this 
                subtitle.
                    (B) Election exercised.--Upon receipt by the 
                Secretary of Health and Human Services of a timely 
                notification under subparagraph (A)--
                          (i) the proposed sunscreen order involved is 
                      deemed to be a request for an order under 
                      subsection (b) of section 505G of the Federal 
                      Food, Drug, and

[[Page 134 STAT. 455]]

                      Cosmetic Act, as added by section 3851 of this 
                      subtitle; and
                          (ii) such order is deemed to have been 
                      accepted for filing under subsection (b)(6)(A)(i) 
                      of such section 505G.
                    (C) <<NOTE: Deadline.>>  Election not exercised.--If 
                a notification under subparagraph (A) is not received by 
                the Secretary of Health and Human Services within 180 
                calendar days of the date of enactment of this Act, the 
                review of the proposed sunscreen order described in 
                subparagraph (A)--
                          (i) shall continue under section 586C of the 
                      Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                      360fff-3); and
                          (ii) shall not be eligible for review under 
                      section 505G, added by section 3851 of this 
                      subtitle.
            (2) Definitions.--In this subsection, the terms ``sponsor'', 
        ``nonprescription'', ``sunscreen active ingredient'', and 
        ``proposed sunscreen order'' have the meanings given to those 
        terms in section 586 of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 360fff).

    (b) Amendments to Sunscreen Provisions.--
            (1) Final sunscreen orders.--Paragraph (3) of section 
        586C(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        360fff-3(e)) is amended to read as follows:
            ``(3) Relationship to orders under section 505g.--A final 
        sunscreen order shall be deemed to be a final order under 
        section 505G.''.
            (2) Meetings.--Paragraph (7) of section 586C(b) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff-3(b)) is 
        amended--
                    (A) by striking ``A sponsor may request'' and 
                inserting the following:
                    ``(A) In general.--A sponsor may request''; and
                    (B) by adding at the end the following:
                    ``(B) Confidential meetings.--A sponsor may request 
                one or more confidential meetings with respect to a 
                proposed sunscreen order, including a letter deemed to 
                be a proposed sunscreen order under paragraph (3), to 
                discuss matters relating to data requirements to support 
                a general recognition of safety and effectiveness 
                involving confidential information and public 
                information related to such proposed sunscreen order, as 
                appropriate. The Secretary shall convene a confidential 
                meeting with such sponsor in a reasonable time 
                period. <<NOTE: Determination.>>  If a sponsor requests 
                more than one confidential meeting for the same proposed 
                sunscreen order, the Secretary may refuse to grant an 
                additional confidential meeting request if the Secretary 
                determines that such additional confidential meeting is 
                not reasonably necessary for the sponsor to advance its 
                proposed sunscreen order, or if the request for a 
                confidential meeting fails to include sufficient 
                information upon which to base a substantive 
                discussion. <<NOTE: Publication. Summary.>>  The 
                Secretary shall publish a post-meeting summary of each 
                confidential meeting under this subparagraph that does 
                not disclose confidential commercial information or 
                trade secrets. This subparagraph does not authorize the 
                disclosure of confidential commercial information or 
                trade secrets subject to 552(b)(4) of title

[[Page 134 STAT. 456]]

                5, United States Code, or section 1905 of title 18, 
                United States Code.''.
            (3) Exclusivity.--Section 586C of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 360fff-3) is amended by adding at 
        the end the following:

    ``(f) Exclusivity.--
            ``(1) <<NOTE: Time period.>>  In general.--A final sunscreen 
        order shall have the effect of authorizing solely the order 
        requestor (or the licensees, assignees, or successors in 
        interest of such requestor with respect to the subject of such 
        request and listed under paragraph (5)) for a period of 18 
        months, to market a sunscreen ingredient under this section 
        incorporating changes described in paragraph (2) subject to the 
        limitations under paragraph (4), beginning on the date the 
        requestor (or any licensees, assignees, or successors in 
        interest of such requestor with respect to the subject of such 
        request and listed under paragraph (5)) may lawfully market such 
        sunscreen ingredient pursuant to the order.
            ``(2) Changes described.--A change described in this 
        paragraph is a change subject to an order specified in paragraph 
        (1) that permits a sunscreen to contain an active sunscreen 
        ingredient not previously incorporated in a marketed sunscreen 
        listed in paragraph (3).
            ``(3) Marketed sunscreen.--The marketed sunscreen 
        ingredients described in this paragraph are sunscreen 
        ingredients--
                    ``(A) marketed in accordance with a final monograph 
                for sunscreen drug products set forth at part 352 of 
                title 21, Code of Federal Regulations (as published at 
                64 Fed. Reg. 27687); or
                    ``(B) marketed in accordance with a final order 
                issued under this section.
            ``(4) Limitations on exclusivity.-- <<NOTE: Time 
        period.>> Only one 18-month period may be granted per ingredient 
        under paragraph (1).
            ``(5) Listing of licensees, assignees, or successors in 
        interest.--Requestors shall submit to the Secretary at the time 
        when a drug subject to such request is introduced or delivered 
        for introduction into interstate commerce, a list of licensees, 
        assignees, or successors in interest under paragraph (1).''.
            (4) Sunset provision.--Subchapter I of chapter V of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff et seq.) 
        is amended by adding at the end the following:
``SEC. 586H. <<NOTE: 21 USC 360fff-8.>>  SUNSET.

    ``This subchapter shall cease to be effective at the end of fiscal 
year 2022.''.
            (5) Treatment of final sunscreen order.--The Federal Food, 
        Drug, and Cosmetic Act is amended by striking section 586E of 
        such Act (21 U.S.C. 360fff-5).

    (c) <<NOTE: 21 USC 355h note.>>  Treatment of Authority Regarding 
Finalization of Sunscreen Monograph.--
            (1) In general.--
                    (A) Revision of final sunscreen order.--The 
                Secretary of Health and Human Services (referred to in 
                this subsection as the ``Secretary'') shall amend and 
                revise the

[[Page 134 STAT. 457]]

                final administrative order concerning nonprescription 
                sunscreen (referred to in this subsection as the 
                ``sunscreen order'') for which the content, prior to the 
                date of enactment of this Act, was represented by the 
                final monograph for sunscreen drug products set forth in 
                part 352 of title 21, Code of Federal Regulations (as in 
                effect on May 21, 1999).
                    (B) <<NOTE: Deadlines.>>  Issuance of revised 
                sunscreen order; effective date.--A revised sunscreen 
                order described in subparagraph (A) shall be--
                          (i) issued in accordance with the procedures 
                      described in section 505G(b)(2) of the Federal 
                      Food, Drug, and Cosmetic Act;
                          (ii) issued in proposed form not later than 18 
                      months after the date of enactment of this Act; 
                      and
                          (iii) issued by the Secretary at least 1 year 
                      prior to the effective date of the revised order.
            (2) <<NOTE: Plan. Timeline.>>  Reports.--If a revised 
        sunscreen order issued under paragraph (1) does not include 
        provisions related to the effectiveness of various sun 
        protection factor levels, and does not address all dosage forms 
        known to the Secretary to be used in sunscreens marketed in the 
        United States without a new drug application approved under 
        section 505 of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 355), the Secretary shall submit a report to the 
        Committee on Energy and Commerce of the House of Representatives 
        and the Committee on Health, Education, Labor, and Pensions of 
        the Senate on the rationale for omission of such provisions from 
        such order, and a plan and timeline to compile any information 
        necessary to address such provisions through such order.

    (d) <<NOTE: 21 USC 360fff-6 note.>>  Treatment of Non-Sunscreen Time 
and Extent Applications.--
            (1) In general.--Any application described in section 586F 
        of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360fff-6) 
        that was submitted to the Secretary pursuant to section 330.14 
        of title 21, Code of Federal Regulations, as such provisions 
        were in effect immediately prior to the date of enactment date 
        of this Act, shall be extinguished as of such date of enactment, 
        subject to paragraph (2).
            (2) Order request.--Nothing in paragraph (1) precludes the 
        submission of an order request under section 505G(b) of the 
        Federal Food, Drug, and Cosmetic Act, as added by section 3851 
        of this subtitle, with respect to a drug that was the subject of 
        an application extinguished under paragraph (1).
SEC. 3855. <<NOTE: 21 USC 355h note.>>  ANNUAL UPDATE TO CONGRESS 
                          ON APPROPRIATE PEDIATRIC INDICATION FOR 
                          CERTAIN OTC COUGH AND COLD DRUGS.

    (a) <<NOTE: Deadline.>>  In General.--Subject to subsection (c), the 
Secretary of Health and Human Services shall, beginning not later than 1 
year after the date of enactment of this Act, annually submit to the 
Committee on Energy and Commerce of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of the Senate a 
letter describing the progress of the Food and Drug Administration--
            (1) in evaluating the cough and cold monograph described in 
        subsection (b) with respect to children under age 6; and

[[Page 134 STAT. 458]]

            (2) as appropriate, revising such cough and cold monograph 
        to address such children through the order process under section 
        505G(b) of the Federal Food, Drug, and Cosmetic Act, as added by 
        section 3851 of this subtitle.

    (b) Cough and Cold Monograph Described.--The cough and cold 
monograph described in this subsection consists of the conditions under 
which nonprescription drugs containing antitussive, expectorant, nasal 
decongestant, or antihistamine active ingredients (or combinations 
thereof) are generally recognized as safe and effective, as specified in 
part 341 of title 21, Code of Federal Regulations (as in effect 
immediately prior to the date of enactment of this Act), and included in 
an order deemed to be established under section 505G(b) of the Federal 
Food, Drug, and Cosmetic Act, as added by section 3851 of this subtitle.
    (c) Duration of Authority.--The requirement under subsection (a) 
shall terminate as of the date of a letter submitted by the Secretary of 
Health and Human Services pursuant to such subsection in which the 
Secretary indicates that the Food and Drug Administration has completed 
its evaluation and revised, in a final order, as applicable, the cough 
and cold monograph as described in subsection (a)(2).
SEC. 3856. TECHNICAL CORRECTIONS.

    (a) Imports and Exports.--Section 801(e)(4)(E)(iii) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 381(e)(4)(E)(iii)) is amended by 
striking ``subparagraph'' each place such term appears and inserting 
``paragraph''.
    (b) FDA Reauthorization Act of 2017.--
            (1) In general.--Section 905(b)(4) of the FDA 
        Reauthorization Act of 2017 (Public Law 115-52) <<NOTE: 21 USC 
        379j-52.>>  is amended by striking ``Section 744H(e)(2)(B)'' and 
        inserting ``Section 744H(f)(2)(B)''.
            (2) <<NOTE: 21 USC 379j-52 note.>>  Effective date.--The 
        amendment made by paragraph (1) shall take effect as of the 
        enactment of the FDA Reauthorization Act of 2017 (Public Law 
        115-52).

                           PART II--USER FEES

SEC. 3861. <<NOTE: 21 USC 379j-71 note.>>  FINDING.

    The Congress finds that the fees authorized by the amendments made 
in this part will be dedicated to OTC monograph drug activities, as set 
forth in the goals identified for purposes of part 10 of subchapter C of 
chapter VII of the Federal Food, Drug, and Cosmetic Act, in the letters 
from the Secretary of Health and Human Services to the Chairman of the 
Committee on Health, Education, Labor, and Pensions of the Senate and 
the Chairman of the Committee on Energy and Commerce of the House of 
Representatives, as set forth in the Congressional Record.
SEC. 3862. FEES RELATING TO OVER-THE-COUNTER DRUGS.

    Subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 379f et seq.) is amended by inserting after part 9 the 
following:

[[Page 134 STAT. 459]]

           ``PART 10--FEES RELATING TO OVER-THE-COUNTER DRUGS

``SEC. 744L. <<NOTE: 21 USC 379j-71.>>  DEFINITIONS.

    ``In this part:
            ``(1) The term `affiliate' means a business entity that has 
        a relationship with a second business entity if, directly or 
        indirectly--
                    ``(A) one business entity controls, or has the power 
                to control, the other business entity; or
                    ``(B) a third party controls, or has power to 
                control, both of the business entities.
            ``(2) The term `contract manufacturing organization 
        facility' means an OTC monograph drug facility where neither the 
        owner of such manufacturing facility nor any affiliate of such 
        owner or facility sells the OTC monograph drug produced at such 
        facility directly to wholesalers, retailers, or consumers in the 
        United States.
            ``(3) The term `costs of resources allocated for OTC 
        monograph drug activities' means the expenses in connection with 
        OTC monograph drug activities for--
                    ``(A) officers and employees of the Food and Drug 
                Administration, contractors of the Food and Drug 
                Administration, advisory committees, and costs related 
                to such officers, employees, and committees and costs 
                related to contracts with such contractors;
                    ``(B) management of information, and the 
                acquisition, maintenance, and repair of computer 
                resources;
                    ``(C) leasing, maintenance, renovation, and repair 
                of facilities and acquisition, maintenance, and repair 
                of fixtures, furniture, scientific equipment, and other 
                necessary materials and supplies; and
                    ``(D) collecting fees under section 744M and 
                accounting for resources allocated for OTC monograph 
                drug activities.
            ``(4) The term `FDA establishment identifier' is the unique 
        number automatically generated by Food and Drug Administration's 
        Field Accomplishments and Compliance Tracking System (FACTS) (or 
        any successor system).
            ``(5) The term `OTC monograph drug' means a nonprescription 
        drug without an approved new drug application which is governed 
        by the provisions of section 505G.
            ``(6) The term `OTC monograph drug activities' means 
        activities of the Secretary associated with OTC monograph drugs 
        and inspection of facilities associated with such products, 
        including the following activities:
                    ``(A) The activities necessary for review and 
                evaluation of OTC monographs and OTC monograph order 
                requests, including--
                          ``(i) orders proposing or finalizing 
                      applicable conditions of use for OTC monograph 
                      drugs;
                          ``(ii) orders affecting status regarding 
                      general recognition of safety and effectiveness of 
                      an OTC monograph ingredient or combination of 
                      ingredients under specified conditions of use;
                          ``(iii) all OTC monograph drug development and 
                      review activities, including intra-agency 
                      collaboration;

[[Page 134 STAT. 460]]

                          ``(iv) regulation and policy development 
                      activities related to OTC monograph drugs;
                          ``(v) development of product standards for 
                      products subject to review and evaluation;
                          ``(vi) meetings referred to in section 
                      505G(i);
                          ``(vii) review of labeling prior to issuance 
                      of orders related to OTC monograph drugs or 
                      conditions of use; and
                          ``(viii) regulatory science activities related 
                      to OTC monograph drugs.
                    ``(B) Inspections related to OTC monograph drugs.
                    ``(C) Monitoring of clinical and other research 
                conducted in connection with OTC monograph drugs.
                    ``(D) Safety activities with respect to OTC 
                monograph drugs, including--
                          ``(i) collecting, developing, and reviewing 
                      safety information on OTC monograph drugs, 
                      including adverse event reports;
                          ``(ii) developing and using improved adverse 
                      event data-collection systems, including 
                      information technology systems; and
                          ``(iii) developing and using improved 
                      analytical tools to assess potential safety risks, 
                      including access to external databases.
                    ``(E) Other activities necessary for implementation 
                of section 505G.
            ``(7) The term `OTC monograph order request' means a request 
        for an order submitted under section 505G(b)(5).
            ``(8) The term `Tier 1 OTC monograph order request' means 
        any OTC monograph order request not determined to be a Tier 2 
        OTC monograph order request.
            ``(9)(A) The term `Tier 2 OTC monograph order request' 
        means, subject to subparagraph (B), an OTC monograph order 
        request for--
                    ``(i) the reordering of existing information in the 
                drug facts label of an OTC monograph drug;
                    ``(ii) the addition of information to the other 
                information section of the drug facts label of an OTC 
                monograph drug, as limited by section 201.66(c)(7) of 
                title 21, Code of Federal Regulations (or any successor 
                regulations);
                    ``(iii) modification to the directions for use 
                section of the drug facts label of an OTC monograph 
                drug, if such changes conform to changes made pursuant 
                to section 505G(c)(3)(A);
                    ``(iv) the standardization of the concentration or 
                dose of a specific finalized ingredient within a 
                particular finalized monograph;
                    ``(v) a change to ingredient nomenclature to align 
                with nomenclature of a standards-setting organization; 
                or
                    ``(vi) addition of an interchangeable term in 
                accordance with section 330.1 of title 21, Code of 
                Federal Regulations (or any successor regulations).
            ``(B) The Secretary may, based on program implementation 
        experience or other factors found appropriate by the Secretary, 
        characterize any OTC monograph order request as a Tier 2 OTC 
        monograph order request (including recharacterizing a

[[Page 134 STAT. 461]]

        request from Tier 1 to Tier 2) and publish such determination in 
        a proposed order issued pursuant to section 505G.
            ``(10)(A) The term `OTC monograph drug facility' means a 
        foreign or domestic business or other entity that--
                    ``(i) is--
                          ``(I) under one management, either direct or 
                      indirect; and
                          ``(II) at one geographic location or address 
                      engaged in manufacturing or processing the 
                      finished dosage form of an OTC monograph drug;
                    ``(ii) includes a finished dosage form manufacturer 
                facility in a contractual relationship with the sponsor 
                of one or more OTC monograph drugs to manufacture or 
                process such drugs; and
                    ``(iii) does not include a business or other entity 
                whose only manufacturing or processing activities are 
                one or more of the following: production of clinical 
                research supplies, testing, or placement of outer 
                packaging on packages containing multiple products, for 
                such purposes as creating multipacks, when each 
                monograph drug product contained within the 
                overpackaging is already in a final packaged form prior 
                to placement in the outer overpackaging.
            ``(B) For purposes of subparagraph (A)(i)(II), separate 
        buildings or locations within close proximity are considered to 
        be at one geographic location or address if the activities 
        conducted in such buildings or locations are--
                    ``(i) closely related to the same business 
                enterprise;
                    ``(ii) under the supervision of the same local 
                management; and
                    ``(iii) under a single FDA establishment identifier 
                and capable of being inspected by the Food and Drug 
                Administration during a single inspection.
            ``(C) If a business or other entity would meet criteria 
        specified in subparagraph (A), but for being under multiple 
        management, the business or other entity is deemed to constitute 
        multiple facilities, one per management entity, for purposes of 
        this paragraph.
            ``(11) The term `OTC monograph drug meeting' means any 
        meeting regarding the content of a proposed OTC monograph order 
        request.
            ``(12) The term `person' includes an affiliate of a person.
            ``(13) The terms `requestor' and `sponsor' have the meanings 
        given such terms in section 505G.
``SEC. 744M. <<NOTE: 21 USC 379j-72.>>  AUTHORITY TO ASSESS AND 
                          USE OTC MONOGRAPH FEES.

    ``(a) <<NOTE: Effective date.>>  Types of Fees.--Beginning with 
fiscal year 2021, the Secretary shall assess and collect fees in 
accordance with this section as follows:
            ``(1) Facility fee.--
                    ``(A) <<NOTE: Time period.>>  In general.--Each 
                person that owns a facility identified as an OTC 
                monograph drug facility on December 31 of the fiscal 
                year or at any time during the preceding 12-month period 
                shall be assessed an annual fee for each such facility 
                as determined under subsection (c).
                    ``(B) Exceptions.--

[[Page 134 STAT. 462]]

                          ``(i) Facilities that cease activities.--A fee 
                      shall not be assessed under subparagraph (A) if 
                      the identified OTC monograph drug facility--
                                    ``(I) has ceased all activities 
                                related to OTC monograph drugs prior to 
                                December 31 of the year immediately 
                                preceding the applicable fiscal year; 
                                and
                                    ``(II) has updated its registration 
                                to reflect such change under the 
                                requirements for drug establishment 
                                registration set forth in section 510.
                          ``(ii) Contract manufacturing organizations.--
                      The amount of the fee for a contract manufacturing 
                      organization facility shall be equal to two-thirds 
                      of the amount of the fee for an OTC monograph drug 
                      facility that is not a contract manufacturing 
                      organization facility.
                    ``(C) Amount.--The amount of fees established under 
                subparagraph (A) shall be established under subsection 
                (c).
                    ``(D) Due date.--
                          ``(i) For first program year.--For fiscal year 
                      2021, the facility fees required under 
                      subparagraph (A) shall be due on the later of--
                                    ``(I) the first business day of July 
                                of 2020; or
                                    ``(II) 45 calendar days after 
                                publication of the Federal Register 
                                notice provided for under subsection 
                                (c)(4)(A).
                          ``(ii) Subsequent fiscal years.--For each 
                      fiscal year after fiscal year 2021, the facility 
                      fees required under subparagraph (A) shall be due 
                      on the later of--
                                    ``(I) the first business day of June 
                                of such year; or
                                    ``(II) the first business day after 
                                the enactment of an appropriations Act 
                                providing for the collection and 
                                obligation of fees under this section 
                                for such year.
            ``(2) OTC monograph order request fee.--
                    ``(A) In general.--Each person that submits an OTC 
                monograph order request shall be subject to a fee for an 
                OTC monograph order request. The amount of such fee 
                shall be--
                          ``(i) for a Tier 1 OTC monograph order 
                      request, $500,000, adjusted for inflation for the 
                      fiscal year (as determined under subsection 
                      (c)(1)(B)); and
                          ``(ii) for a Tier 2 OTC monograph order 
                      request, $100,000, adjusted for inflation for the 
                      fiscal year (as determined under subsection 
                      (c)(1)(B)).
                    ``(B) Due date.--The OTC monograph order request 
                fees required under subparagraph (A) shall be due on the 
                date of submission of the OTC monograph order request.
                    ``(C) Exception for certain safety changes.--A 
                person who is named as the requestor in an OTC monograph 
                order shall not be subject to a fee under subparagraph 
                (A) if the Secretary finds that the OTC monograph order 
                request seeks to change the drug facts labeling of an 
                OTC monograph drug in a way that would add to or 
                strengthen--

[[Page 134 STAT. 463]]

                          ``(i) a contraindication, warning, or 
                      precaution;
                          ``(ii) a statement about risk associated with 
                      misuse or abuse; or
                          ``(iii) an instruction about dosage and 
                      administration that is intended to increase the 
                      safe use of the OTC monograph drug.
                    ``(D) Refund of fee if order request is 
                recategorized as a tier 2 otc monograph order request.--
                If the Secretary <<NOTE: Determination.>>  determines 
                that an OTC monograph request initially characterized as 
                Tier 1 shall be re-characterized as a Tier 2 OTC 
                monograph order request, and the requestor has paid a 
                Tier 1 fee in accordance with subparagraph (A)(i), the 
                Secretary shall refund the requestor the difference 
                between the Tier 1 and Tier 2 fees determined under 
                subparagraphs (A)(i) and (A)(ii), respectively.
                    ``(E) Refund of fee if order request refused for 
                filing or withdrawn before filing.--The Secretary shall 
                refund 75 percent of the fee paid under subparagraph (B) 
                for any order request which is refused for filing or was 
                withdrawn before being accepted or refused for filing.
                    ``(F) Fees for order requests previously refused for 
                filing or withdrawn before filing.--An OTC monograph 
                order request that was submitted but was refused for 
                filing, or was withdrawn before being accepted or 
                refused for filing, shall be subject to the full fee 
                under subparagraph (A) upon being resubmitted or filed 
                over protest.
                    ``(G) Refund of fee if order request withdrawn.--If 
                an order request is withdrawn after the order request 
                was filed, the Secretary may refund the fee or a portion 
                of the fee if no substantial work was performed on the 
                order request after the application was filed. The 
                Secretary shall have the sole discretion to refund a fee 
                or a portion of the fee under this subparagraph. A 
                determination by the Secretary concerning a refund under 
                this subparagraph shall not be reviewable.
            ``(3) Refunds.--
                    ``(A) In general.--Other than refunds provided 
                pursuant to any of subparagraphs (D) through (G) of 
                paragraph (2), the Secretary shall not refund any fee 
                paid under paragraph (1) except as provided in 
                subparagraph (B).
                    ``(B) <<NOTE: Deadline.>>  Disputes concerning 
                fees.--To qualify for the return of a fee claimed to 
                have been paid in error under paragraph (1) or (2), a 
                person shall submit to the Secretary a written request 
                justifying such return within 180 calendar days after 
                such fee was paid.
            ``(4) <<NOTE: Federal Register, publication.>>  Notice.--
        Within the timeframe specified in subsection (c), the Secretary 
        shall publish in the Federal Register the amount of the fees 
        under paragraph (1) for such fiscal year.

    ``(b) Fee Revenue Amounts.--
            ``(1) Fiscal year 2021.--For fiscal year 2021, fees under 
        subsection (a)(1) shall be established to generate a total 
        facility fee revenue amount equal to the sum of--
                    ``(A) the annual base revenue for fiscal year 2021 
                (as determined under paragraph (3));

[[Page 134 STAT. 464]]

                    ``(B) the dollar amount equal to the operating 
                reserve adjustment for the fiscal year, if applicable 
                (as determined under subsection (c)(2)); and
                    ``(C) additional direct cost adjustments (as 
                determined under subsection (c)(3)).
            ``(2) Subsequent fiscal years.--For each of the fiscal years 
        2022 through 2025, fees under subsection (a)(1) shall be 
        established to generate a total facility fee revenue amount 
        equal to the sum of--
                    ``(A) the annual base revenue for the fiscal year 
                (as determined under paragraph (3));
                    ``(B) the dollar amount equal to the inflation 
                adjustment for the fiscal year (as determined under 
                subsection (c)(1));
                    ``(C) the dollar amount equal to the operating 
                reserve adjustment for the fiscal year, if applicable 
                (as determined under subsection (c)(2));
                    ``(D) additional direct cost adjustments (as 
                determined under subsection (c)(3)); and
                    ``(E) additional dollar amounts for each fiscal year 
                as follows:
                          ``(i) $7,000,000 for fiscal year 2022.
                          ``(ii) $6,000,000 for fiscal year 2023.
                          ``(iii) $7,000,000 for fiscal year 2024.
                          ``(iv) $3,000,000 for fiscal year 2025.
            ``(3) Annual base revenue.--For purposes of paragraphs 
        (1)(A) and (2)(A), the dollar amount of the annual base revenue 
        for a fiscal year shall be--
                    ``(A) for fiscal year 2021, $8,000,000; and
                    ``(B) for fiscal years 2022 through 2025, the dollar 
                amount of the total revenue amount established under 
                this subsection for the previous fiscal year, not 
                including any adjustments made under subsection (c)(2) 
                or (c)(3).

    ``(c) Adjustments; Annual Fee Setting.--
            ``(1) Inflation adjustment.--
                    ``(A) In general.--For purposes of subsection 
                (b)(2)(B), the dollar amount of the inflation adjustment 
                to the annual base revenue for fiscal year 2022 and each 
                subsequent fiscal year shall be equal to the product 
                of--
                          ``(i) such annual base revenue for the fiscal 
                      year under subsection (b)(2); and
                          ``(ii) the inflation adjustment percentage 
                      under subparagraph (C).
                    ``(B) OTC monograph order request fees.--For 
                purposes of subsection (a)(2), the dollar amount of the 
                inflation adjustment to the fee for OTC monograph order 
                requests for fiscal year 2022 and each subsequent fiscal 
                year shall be equal to the product of--
                          ``(i) the applicable fee under subsection 
                      (a)(2) for the preceding fiscal year; and
                          ``(ii) the inflation adjustment percentage 
                      under subparagraph (C).
                    ``(C) <<NOTE: Time periods.>>  Inflation adjustment 
                percentage.--The inflation adjustment percentage under 
                this subparagraph for a fiscal year is equal to--
                          ``(i) for each of fiscal years 2022 and 2023, 
                      the average annual percent change that occurred in 
                      the

[[Page 134 STAT. 465]]

                      Consumer Price Index for urban consumers 
                      (Washington-Baltimore, DC-MD-VA-WV; Not Seasonally 
                      Adjusted; All items; Annual Index) for the first 3 
                      years of the preceding 4 years of available data; 
                      and
                          ``(ii) for each of fiscal years 2024 and 2025, 
                      the sum of--
                                    ``(I) the average annual percent 
                                change in the cost, per full-time 
                                equivalent position of the Food and Drug 
                                Administration, of all personnel 
                                compensation and benefits paid with 
                                respect to such positions for the first 
                                3 years of the preceding 4 fiscal years, 
                                multiplied by the proportion of 
                                personnel compensation and benefits 
                                costs to total costs of OTC monograph 
                                drug activities for the first 3 years of 
                                the preceding 4 fiscal years; and
                                    ``(II) the average annual percent 
                                change that occurred in the Consumer 
                                Price Index for urban consumers 
                                (Washington-Baltimore, DC-MD-VA-WV; Not 
                                Seasonally Adjusted; All items; Annual 
                                Index) for the first 3 years of the 
                                preceding 4 years of available data 
                                multiplied by the proportion of all 
                                costs other than personnel compensation 
                                and benefits costs to total costs of OTC 
                                monograph drug activities for the first 
                                3 years of the preceding 4 fiscal years.
            ``(2) Operating reserve adjustment.--
                    ``(A) In general.--For fiscal year 2021 and 
                subsequent fiscal years, for purposes of subsections 
                (b)(1)(B) and (b)(2)(C), the Secretary may, in addition 
                to adjustments under paragraph (1), further increase the 
                fee revenue and fees if such an adjustment is necessary 
                to provide operating reserves of carryover user fees for 
                OTC monograph drug activities for not more than the 
                number of weeks specified in subparagraph (B).
                    ``(B) Number of weeks.--The number of weeks 
                specified in this subparagraph is--
                          ``(i) 3 weeks for fiscal year 2021;
                          ``(ii) 7 weeks for fiscal year 2022;
                          ``(iii) 10 weeks for fiscal year 2023;
                          ``(iv) 10 weeks for fiscal year 2024; and
                          ``(v) 10 weeks for fiscal year 2025.
                    ``(C) <<NOTE: Time period.>>  Decrease.--If the 
                Secretary has carryover balances for such process in 
                excess of 10 weeks of the operating reserves referred to 
                in subparagraph (A), the Secretary shall decrease the 
                fee revenue and fees referred to in such subparagraph to 
                provide for not more than 10 weeks of such operating 
                reserves.
                    ``(D) Rationale for adjustment.--If an adjustment 
                under this paragraph is made, the rationale for the 
                amount of the increase or decrease (as applicable) in 
                fee revenue and fees shall be contained in the annual 
                Federal Register notice under paragraph (4) establishing 
                fee revenue and fees for the fiscal year involved.
            ``(3) Additional direct cost adjustment.--The Secretary 
        shall, in addition to adjustments under paragraphs (1) and (2), 
        further increase the fee revenue and fees for purposes of 
        subsection (b)(2)(D) by an amount equal to--

[[Page 134 STAT. 466]]

                    ``(A) $14,000,000 for fiscal year 2021;
                    ``(B) $7,000,000 for fiscal year 2022;
                    ``(C) $4,000,000 for fiscal year 2023;
                    ``(D) $3,000,000 for fiscal year 2024; and
                    ``(E) $3,000,000 for fiscal year 2025.
            ``(4) <<NOTE: Deadline. Federal Register, publication.>>  
        Annual fee setting.--
                    ``(A) Fiscal year 2021.--The Secretary shall, not 
                later than the second Monday in May of 2020--
                          ``(i) establish OTC monograph drug facility 
                      fees for fiscal year 2021 under subsection (a), 
                      based on the revenue amount for such year under 
                      subsection (b) and the adjustments provided under 
                      this subsection; and
                          ``(ii) publish fee revenue, facility fees, and 
                      OTC monograph order requests in the Federal 
                      Register.
                    ``(B) Subsequent fiscal years.--The Secretary shall, 
                for each fiscal year that begins after September 30, 
                2021, not later than the second Monday in March that 
                precedes such fiscal year--
                          ``(i) establish for such fiscal year, based on 
                      the revenue amounts under subsection (b) and the 
                      adjustments provided under this subsection--
                                    ``(I) OTC monograph drug facility 
                                fees under subsection (a)(1); and
                                    ``(II) OTC monograph order request 
                                fees under subsection (a)(2); and
                          ``(ii) publish such fee revenue amounts, 
                      facility fees, and OTC monograph order request 
                      fees in the Federal Register.

    ``(d) Identification of Facilities.--Each person that owns an OTC 
monograph drug facility shall submit to the Secretary the information 
required under this subsection each year. Such information shall, for 
each fiscal year--
            ``(1) be submitted as part of the requirements for drug 
        establishment registration set forth in section 510; and
            ``(2) include for each such facility, at a minimum, 
        identification of the facility's business operation as that of 
        an OTC monograph drug facility.

    ``(e) Effect of Failure To Pay Fees.--
            ``(1) OTC monograph drug facility fee.--
                    ``(A) <<NOTE: Time period.>>  In general.--Failure 
                to pay the fee under subsection (a)(1) within 20 
                calendar days of the due date as specified in 
                subparagraph (D) of such subsection shall result in the 
                following:
                          ``(i) <<NOTE: Public information. List.>>  The 
                      Secretary shall place the facility on a publicly 
                      available arrears list.
                          ``(ii) All OTC monograph drugs manufactured in 
                      such a facility or containing an ingredient 
                      manufactured in such a facility shall be deemed 
                      misbranded under section 502(ff).
                    ``(B) Application of penalties.--The penalties under 
                this paragraph shall apply until the fee established by 
                subsection (a)(1) is paid.
            ``(2) Order requests.--An OTC monograph order request 
        submitted by a person subject to fees under subsection (a) shall 
        be considered incomplete and shall not be accepted for

[[Page 134 STAT. 467]]

        filing by the Secretary until all fees owed by such person under 
        this section have been paid.
            ``(3) Meetings.--A person subject to fees under this section 
        shall be considered ineligible for OTC monograph drug meetings 
        until all such fees owed by such person have been paid.

    ``(f) Crediting and Availability of Fees.--
            ``(1) In general.--Fees authorized under subsection (a) 
        shall be collected and available for obligation only to the 
        extent and in the amount provided in advance in appropriations 
        Acts. Such fees are authorized to remain available until 
        expended. Such sums as may be necessary may be transferred from 
        the Food and Drug Administration salaries and expenses 
        appropriation account without fiscal year limitation to such 
        appropriation account for salaries and expenses with such fiscal 
        year limitation. The sums transferred shall be available solely 
        for OTC monograph drug activities.
            ``(2) Collections and appropriation acts.--
                    ``(A) In general.--Subject to subparagraph (C), the 
                fees authorized by this section shall be collected and 
                available in each fiscal year in an amount not to exceed 
                the amount specified in appropriation Acts, or otherwise 
                made available for obligation, for such fiscal year.
                    ``(B) Use of fees and limitation.--The fees 
                authorized by this section shall be available to defray 
                increases in the costs of the resources allocated for 
                OTC monograph drug activities (including increases in 
                such costs for an additional number of full-time 
                equivalent positions in the Department of Health and 
                Human Services to be engaged in such activities), only 
                if the Secretary allocates for such purpose an amount 
                for such fiscal year (excluding amounts from fees 
                collected under this section) no less than $12,000,000, 
                multiplied by the adjustment factor applicable to the 
                fiscal year involved under subsection (c)(1).
                    ``(C) Compliance.--The Secretary shall be considered 
                to have met the requirements of subparagraph (B) in any 
                fiscal year if the costs funded by appropriations and 
                allocated for OTC monograph drug activities are not more 
                than 15 percent below the level specified in such 
                subparagraph.
                    ``(D) Provision for early payments in subsequent 
                years.--Payment of fees authorized under this section 
                for a fiscal year (after fiscal year 2021), prior to the 
                due date for such fees, may be accepted by the Secretary 
                in accordance with authority provided in advance in a 
                prior year appropriations Act.
            ``(3) Authorization of appropriations.--For each of the 
        fiscal years 2021 through 2025, there is authorized to be 
        appropriated for fees under this section an amount equal to the 
        total amount of fees assessed for such fiscal year under this 
        section.

    ``(g) <<NOTE: Deadline.>>  Collection of Unpaid Fees.--In any case 
where the Secretary does not receive payment of a fee assessed under 
subsection (a) within 30 calendar days after it is due, such fee shall 
be treated as a claim of the United States Government subject to 
subchapter II of chapter 37 of title 31, United States Code.

    ``(h) Construction.--This section may not be construed to require 
that the number of full-time equivalent positions in the

[[Page 134 STAT. 468]]

Department of Health and Human Services, for officers, employers, and 
advisory committees not engaged in OTC monograph drug activities, be 
reduced to offset the number of officers, employees, and advisory 
committees so engaged.
``SEC. 744N. <<NOTE: 21 USC 379j-73.>>  REAUTHORIZATION; REPORTING 
                          REQUIREMENTS.

    ``(a) <<NOTE: Effective date.>>  Performance Report.--Beginning with 
fiscal year 2021, and not later than 120 calendar days after the end of 
each fiscal year thereafter for which fees are collected under this 
part, the Secretary shall prepare and submit to the Committee on Energy 
and Commerce of the House of Representatives and the Committee on 
Health, Education, Labor, and Pensions of the Senate a report concerning 
the progress of the Food and Drug Administration in achieving the goals 
identified in the letters described in section 3861(b) of the CARES Act 
during such fiscal year and the future plans of the Food and Drug 
Administration for meeting such goals.

    ``(b) Fiscal Report.--Not later than 120 calendar days after the end 
of fiscal year 2021 and each subsequent fiscal year for which fees are 
collected under this part, the Secretary shall prepare and submit to the 
Committee on Energy and Commerce of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of the Senate a 
report on the implementation of the authority for such fees during such 
fiscal year and the use, by the Food and Drug Administration, of the 
fees collected for such fiscal year.
    ``(c) <<NOTE: Web posting.>>  Public Availability.--The Secretary 
shall make the reports required under subsections (a) and (b) available 
to the public on the internet website of the Food and Drug 
Administration.

    ``(d) Reauthorization.--
            ``(1) <<NOTE: Recommenda- tions. Plans. Time period.>>  
        Consultation.--In developing recommendations to present to the 
        Congress with respect to the goals described in subsection (a), 
        and plans for meeting the goals, for OTC monograph drug 
        activities for the first 5 fiscal years after fiscal year 2025, 
        and for the reauthorization of this part for such fiscal years, 
        the Secretary shall consult with--
                    ``(A) the Committee on Energy and Commerce of the 
                House of Representatives;
                    ``(B) the Committee on Health, Education, Labor, and 
                Pensions of the Senate;
                    ``(C) scientific and academic experts;
                    ``(D) health care professionals;
                    ``(E) representatives of patient and consumer 
                advocacy groups; and
                    ``(F) the regulated industry.
            ``(2) Public review of recommendations.--After negotiations 
        with the regulated industry, the Secretary shall--
                    ``(A) present the recommendations developed under 
                paragraph (1) to the congressional committees specified 
                in such paragraph;
                    ``(B) <<NOTE: Federal Register, publication.>>  
                publish such recommendations in the Federal Register;
                    ``(C) <<NOTE: Time period.>>  provide for a period 
                of 30 calendar days for the public to provide written 
                comments on such recommendations;
                    ``(D) hold a meeting at which the public may present 
                its views on such recommendations; and

[[Page 134 STAT. 469]]

                    ``(E) after consideration of such public views and 
                comments, revise such recommendations as necessary.
            ``(3) <<NOTE: Deadline. Summary.>>  Transmittal of 
        recommendations.--Not later than January 15, 2025, the Secretary 
        shall transmit to the Congress the revised recommendations under 
        paragraph (2), a summary of the views and comments received 
        under such paragraph, and any changes made to the 
        recommendations in response to such views and comments.''.

 TITLE IV--ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED 
                  SECTORS OF THE UNITED STATES ECONOMY

 Subtitle <<NOTE: Coronavirus Economic Stabilization Act of 2020.>>  A--
Coronavirus Economic Stabilization Act of 2020
SEC. 4001. <<NOTE: 15 USC 9001 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Coronavirus Economic 
Stabilization Act of 2020''.
SEC. 4002. <<NOTE: 15 USC 9041.>>  DEFINITIONS.

    In this subtitle:
            (1) Air carrier.--The term ``air carrier'' has the meaning 
        such term has under section 40102 of title 49, United States 
        Code.
            (2) Coronavirus.--The term ``coronavirus'' means SARS-CoV-2 
        or another coronavirus with pandemic potential.
            (3) Covered loss.--The term ``covered loss'' includes losses 
        incurred directly or indirectly as a result of coronavirus, as 
        determined by the Secretary.
            (4) Eligible business.--The term ``eligible business'' 
        means--
                    (A) an air carrier; or
                    (B) a United States business that has not otherwise 
                received adequate economic relief in the form of loans 
                or loan guarantees provided under this Act.
            (5) Employee.--Except where the context otherwise requires, 
        the term ``employee''--
                    (A) has the meaning given the term in section 2 of 
                the National Labor Relations Act (29 U.S.C. 152); and
                    (B) includes any individual employed by an employer 
                subject to the Railway Labor Act (45 U.S.C. 151 et 
                seq.).
            (6) Equity security; exchange.--The terms ``equity 
        security'' and ``exchange'' have the meanings given the terms in 
        section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 
        78c(a)).
            (7) Municipality.--The term ``municipality'' includes--
                    (A) a political subdivision of a State, and
                    (B) an instrumentality of a municipality, a State, 
                or a political subdivision of a State.
            (8) National securities exchange.--The term ``national 
        securities exchange'' means an exchange registered as a

[[Page 134 STAT. 470]]

        national securities exchange under section 6 of the Securities 
        Exchange Act of 1934 (15 U.S.C. 78f).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury, or the designee of the Secretary of the 
        Treasury.
            (10) State.--The term ``State'' means--
                    (A) any of the several States;
                    (B) the District of Columbia;
                    (C) any of the territories and possessions of the 
                United States;
                    (D) any bi-State or multi-State entity; and
                    (E) any Indian Tribe.
SEC. 4003. <<NOTE: 15 USC 9042.>>  EMERGENCY RELIEF AND TAXPAYER 
                          PROTECTIONS.

    (a) <<NOTE: Loans.>>  In General.--Notwithstanding any other 
provision of law, to provide liquidity to eligible businesses, States, 
and municipalities related to losses incurred as a result of 
coronavirus, the Secretary is authorized to make loans, loan guarantees, 
and other investments in support of eligible businesses, States, and 
municipalities that do not, in the aggregate, exceed $500,000,000,000 
and provide the subsidy amounts necessary for such loans, loan 
guarantees, and other investments in accordance with the provisions of 
the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).

    (b) Loans, Loan Guarantees, and Other Investments.--Loans, loan 
guarantees, and other investments made pursuant to subsection (a) shall 
be made available as follows:
            (1) Not more than $25,000,000,000 shall be available to make 
        loans and loan guarantees for passenger air carriers, eligible 
        businesses that are certified under part 145 of title 14, Code 
        of Federal Regulations, and approved to perform inspection, 
        repair, replace, or overhaul services, and ticket agents (as 
        defined in section 40102 of title 49, United States Code).
            (2) Not more than $4,000,000,000 shall be available to make 
        loans and loan guarantees for cargo air carriers.
            (3) Not more than $17,000,000,000 shall be available to make 
        loans and loan guarantees for businesses critical to maintaining 
        national security.
            (4) Not more than the sum of $454,000,000,000 and any 
        amounts available under paragraphs (1), (2), and (3) that are 
        not used as provided under those paragraphs shall be available 
        to make loans and loan guarantees to, and other investments in, 
        programs or facilities established by the Board of Governors of 
        the Federal Reserve System for the purpose of providing 
        liquidity to the financial system that supports lending to 
        eligible businesses, States, or municipalities by--
                    (A) purchasing obligations or other interests 
                directly from issuers of such obligations or other 
                interests;
                    (B) purchasing obligations or other interests in 
                secondary markets or otherwise; or
                    (C) making loans, including loans or other advances 
                secured by collateral.

    (c) Terms and Conditions.--
            (1) In general.--
                    (A) Forms; terms and conditions.--A loan, loan 
                guarantee, or other investment by the Secretary shall be 
                made under this section in such form and on such terms 
                and

[[Page 134 STAT. 471]]

                conditions and contain such covenants, representations, 
                warranties, and requirements (including requirements for 
                audits) as the Secretary determines appropriate. Any 
                loans made by the Secretary under this section shall be 
                at a rate determined by the Secretary based on the risk 
                and the current average yield on outstanding marketable 
                obligations of the United States of comparable maturity.
                    (B) <<NOTE: Deadline. Publication.>>  Procedures.--
                As soon as practicable, but in no case later than 10 
                days after the date of enactment of this Act, the 
                Secretary shall publish procedures for application and 
                minimum requirements, which may be supplemented by the 
                Secretary in the Secretary's discretion, for making 
                loans, loan guarantees, or other investments under 
                paragraphs (1), (2) and (3) of subsection (b) .
            (2) <<NOTE: Time periods. Determinations.>>  Loans and loan 
        guarantees .--The Secretary may enter into agreements to make 
        loans or loan guarantees to 1 or more eligible businesses under 
        paragraphs (1), (2) and (3) of subsection (b) if the Secretary 
        determines that, in the Secretary's discretion--
                    (A) the applicant is an eligible business for which 
                credit is not reasonably available at the time of the 
                transaction;
                    (B) the intended obligation by the applicant is 
                prudently incurred;
                    (C) the loan or loan guarantee is sufficiently 
                secured or is made at a rate that--
                          (i) reflects the risk of the loan or loan 
                      guarantee; and
                          (ii) is to the extent practicable, not less 
                      than an interest rate based on market conditions 
                      for comparable obligations prevalent prior to the 
                      outbreak of the coronavirus disease 2019 (COVID-
                      19);
                    (D) the duration of the loan or loan guarantee is as 
                short as practicable and in any case not longer than 5 
                years;
                    (E) the agreement provides that, until the date 12 
                months after the date the loan or loan guarantee is no 
                longer outstanding, neither the eligible business nor 
                any affiliate of the eligible business may purchase an 
                equity security that is listed on a national securities 
                exchange of the eligible business or any parent company 
                of the eligible business, except to the extent required 
                under a contractual obligation in effect as of the date 
                of enactment of this Act;
                    (F) the agreement provides that, until the date 12 
                months after the date the loan or loan guarantee is no 
                longer outstanding, the eligible business shall not pay 
                dividends or make other capital distributions with 
                respect to the common stock of the eligible business;
                    (G) the agreement provides that, until September 30, 
                2020, the eligible business shall maintain its 
                employment levels as of March 24, 2020, to the extent 
                practicable, and in any case shall not reduce its 
                employment levels by more than 10 percent from the 
                levels on such date;
                    (H) <<NOTE: Certification.>>  the agreement includes 
                a certification by the eligible business that it is 
                created or organized in the United States or under the 
                laws of the United States

[[Page 134 STAT. 472]]

                and has significant operations in and a majority of its 
                employees based in the United States; and
                    (I) <<NOTE: Determination.>>  for purposes of a loan 
                or loan guarantee under paragraphs (1), (2), and (3) of 
                subsection (b), the eligible business must have incurred 
                or is expected to incur covered losses such that the 
                continued operations of the business are jeopardized, as 
                determined by the Secretary.
            (3) Federal reserve programs or facilities.--
                    (A) Terms and conditions.--
                          (i) Definition.--In this paragraph, the term 
                      ``direct loan'' means a loan under a bilateral 
                      loan agreement that is --
                                    (I) entered into directly with an 
                                eligible business as borrower; and
                                    (II) not part of a syndicated loan, 
                                a loan originated by a financial 
                                institution in the ordinary course of 
                                business, or a securities or capital 
                                markets transaction.
                          (ii) <<NOTE: Time periods.>>  Restrictions.--
                      The Secretary may make a loan, loan guarantee, or 
                      other investment under subsection (b)(4) as part 
                      of a program or facility that provides direct 
                      loans only if the applicable eligible businesses 
                      agree--
                                    (I) until the date 12 months after 
                                the date on which the direct loan is no 
                                longer outstanding, not to repurchase an 
                                equity security that is listed on a 
                                national securities exchange of the 
                                eligible business or any parent company 
                                of the eligible business while the 
                                direct loan is outstanding, except to 
                                the extent required under a contractual 
                                obligation that is in effect as of the 
                                date of enactment of this Act;
                                    (II) until the date 12 months after 
                                the date on which the direct loan is no 
                                longer outstanding, not to pay dividends 
                                or make other capital distributions with 
                                respect to the common stock of the 
                                eligible business; and
                                    (III) to comply with the limitations 
                                on compensation set forth in section 
                                4004.
                          (iii) <<NOTE: Determination.>>  Waiver.--The 
                      Secretary may waive the requirement under clause 
                      (ii) with respect to any program or facility upon 
                      a determination that such waiver is necessary to 
                      protect the interests of the Federal 
                      Government. <<NOTE: Testimony.>>  If the Secretary 
                      exercises a waiver under this clause, the 
                      Secretary shall make himself available to testify 
                      before the Committee on Banking, Housing, and 
                      Urban Affairs of the Senate and the Committee on 
                      Financial Services of the House of Representatives 
                      regarding the reasons for the waiver.
                    (B) Federal reserve act taxpayer protections and 
                other requirements apply.--For the avoidance of doubt, 
                any applicable requirements under section 13(3) of the 
                Federal Reserve Act (12 U.S.C. 343(3)), including 
                requirements relating to loan collateralization, 
                taxpayer protection, and borrower solvency, shall apply 
                with respect to any program or facility described in 
                subsection (b)(4).

[[Page 134 STAT. 473]]

                    (C) United states businesses.--A program or facility 
                in which the Secretary makes a loan, loan guarantee, or 
                other investment under subsection (b)(4) shall only 
                purchase obligations or other interests (other than 
                securities that are based on an index or that are based 
                on a diversified pool of securities) from, or make loans 
                or other advances to, businesses that are created or 
                organized in the United States or under the laws of the 
                United States and that have significant operations in 
                and a majority of its employees based in the United 
                States.
                    (D) Assistance for mid-sized businesses.--
                          (i) In general.--Without limiting the terms 
                      and conditions of the programs and facilities that 
                      the Secretary may otherwise provide financial 
                      assistance to under subsection (b)(4), the 
                      Secretary shall endeavor to seek the 
                      implementation of a program or facility described 
                      in subsection (b)(4) that provides financing to 
                      banks and other lenders that make direct loans to 
                      eligible businesses including, to the extent 
                      practicable, nonprofit organizations, with between 
                      500 and 10,000 employees, with such direct loans 
                      being subject to an annualized interest rate that 
                      is not higher than 2 percent per 
                      annum. <<NOTE: Time period.>>  For the first 6 
                      months after any such direct loan is made, or for 
                      such longer period as the Secretary may determine 
                      in his discretion, no principal or interest shall 
                      be due and payable. <<NOTE: Certification.>>  Any 
                      eligible borrower applying for a direct loan under 
                      this program shall make a good-faith certification 
                      that--
                                    (I) the uncertainty of economic 
                                conditions as of the date of the 
                                application makes necessary the loan 
                                request to support the ongoing 
                                operations of the recipient;
                                    (II) <<NOTE: Termination date.>>  
                                the funds it receives will be used to 
                                retain at least 90 percent of the 
                                recipient's workforce, at full 
                                compensation and benefits, until 
                                September 30, 2020;
                                    (III) <<NOTE: Deadline.>>  the 
                                recipient intends to restore not less 
                                than 90 percent of the workforce of the 
                                recipient that existed as of February 1, 
                                2020, and to restore all compensation 
                                and benefits to the workers of the 
                                recipient no later than 4 months after 
                                the termination date of the public 
                                health emergency declared by the 
                                Secretary of Health and Human Services 
                                on January 31, 2020, under section 319 
                                of the Public Health Services Act (42 
                                U.S.C. 247d) in response to COVID-19;
                                    (IV) the recipient is an entity or 
                                business that is domiciled in the United 
                                States with significant operations and 
                                employees located in the United States;
                                    (V) the recipient is not a debtor in 
                                a bankruptcy proceeding;
                                    (VI) the recipient is created or 
                                organized in the United States or under 
                                the laws of the United States and has 
                                significant operations in and a majority 
                                of its employees based in the United 
                                States;

[[Page 134 STAT. 474]]

                                    (VII) the recipient will not pay 
                                dividends with respect to the common 
                                stock of the eligible business, or 
                                repurchase an equity security that is 
                                listed on a national securities exchange 
                                of the recipient or any parent company 
                                of the recipient while the direct loan 
                                is outstanding, except to the extent 
                                required under a contractual obligation 
                                that is in effect as of the date of 
                                enactment of this Act;
                                    (VIII) <<NOTE: Time period.>>  the 
                                recipient will not outsource or offshore 
                                jobs for the term of the loan and 2 
                                years after completing repayment of the 
                                loan;
                                    (IX) <<NOTE: Time period.>>  the 
                                recipient will not abrogate existing 
                                collective bargaining agreements for the 
                                term of the loan and 2 years after 
                                completing repayment of the loan; and
                                    (X) that the recipient will remain 
                                neutral in any union organizing effort 
                                for the term of the loan.
                          (ii) Main street lending program.--Nothing in 
                      this subparagraph shall limit the discretion of 
                      the Board of Governors of the Federal Reserve 
                      System to establish a Main Street Lending Program 
                      or other similar program or facility that supports 
                      lending to small and mid-sized businesses on such 
                      terms and conditions as the Board may set 
                      consistent with section 13(3) of the Federal 
                      Reserve Act (12 U.S.C. 343(3)), including any such 
                      program in which the Secretary makes a loan, loan 
                      guarantee, or other investment under subsection 
                      (b)(4).
                    (E) Government participants.--The Secretary shall 
                endeavor to seek the implementation of a program or 
                facility in accordance with subsection (b)(4) that 
                provides liquidity to the financial system that supports 
                lending to States and municipalities.

    (d) Financial Protection of Government.--
            (1) Warrant or senior debt instrument.--The Secretary may 
        not issue a loan to, or a loan guarantee for, an eligible 
        business under paragraph (1), (2), or (3) of subsection (b) 
        unless--
                    (A)(i) the eligible business has issued securities 
                that are traded on a national securities exchange; and
                    (ii) the Secretary receives a warrant or equity 
                interest in the eligible business; or
                    (B) in the case of any eligible business other than 
                an eligible business described in subparagraph (A), the 
                Secretary receives, in the discretion of the Secretary--
                          (i) a warrant or equity interest in the 
                      eligible business; or
                          (ii) a senior debt instrument issued by the 
                      eligible business.
            (2) Terms and conditions.--The terms and conditions of any 
        warrant, equity interest, or senior debt instrument received 
        under paragraph (1) shall be set by the Secretary and shall meet 
        the following requirements:
                    (A) Purposes.--Such terms and conditions shall be 
                designed to provide for a reasonable participation by 
                the

[[Page 134 STAT. 475]]

                Secretary, for the benefit of taxpayers, in equity 
                appreciation in the case of a warrant or other equity 
                interest, or a reasonable interest rate premium, in the 
                case of a debt instrument.
                    (B) Authority to sell, exercise, or surrender.--For 
                the primary benefit of taxpayers, the Secretary may 
                sell, exercise, or surrender a warrant or any senior 
                debt instrument received under this subsection. The 
                Secretary shall not exercise voting power with respect 
                to any shares of common stock acquired under this 
                section.
                    (C) <<NOTE: Determination.>>  Sufficiency.--If the 
                Secretary determines that the eligible business cannot 
                feasibly issue warrants or other equity interests as 
                required by this subsection, the Secretary may accept a 
                senior debt instrument in an amount and on such terms as 
                the Secretary deems appropriate.
            (3) Prohibition on loan forgiveness.--The principal amount 
        of any obligation issued by an eligible business, State, or 
        municipality under a program described in subsection (b) shall 
        not be reduced through loan forgiveness.

    (e) Deposit of Proceeds.--Amounts collected under subsection (b) 
shall be deposited in the following order of priority:
            (1) Into the financing accounts established under section 
        505 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661d) to 
        implement this subtitle, up to an amount equal to the sum of--
                    (A) the amount transferred from the appropriation 
                made under section 4027 to the financing accounts; and
                    (B) the amount necessary to repay any amount lent 
                from the Treasury to such financing accounts.
            (2) After the deposits specified in paragraph (1) of this 
        subsection have been made, into the Federal Old-Age and 
        Survivors Insurance Trust Fund established under section 201(a) 
        of the Social Security Act (42 U.S.C. 401).

    (f) Administrative Provisions.--Notwithstanding any other provision 
of law, the Secretary may use not greater than $100,000,000 of the funds 
made available under section 4027 to pay costs and administrative 
expenses associated with the loans, loan guarantees, and other 
investments authorized under this section. The Secretary is authorized 
to take such actions as the Secretary deems necessary to carry out the 
authorities in this subtitle, including, without limitation--
            (1) using direct hiring authority to hire employees to 
        administer this subtitle;
            (2) <<NOTE: Contracts.>>  entering into contracts, including 
        contracts for services authorized by this subtitle;
            (3) establishing vehicles that are authorized, subject to 
        supervision by the Secretary, to purchase, hold, and sell assets 
        and issue obligations; and
            (4) <<NOTE: Regulations. Guidance.>>  issuing such 
        regulations and other guidance as may be necessary or 
        appropriate to carry out the authorities or purposes of this 
        subtitle.

    (g) Financial Agents.--The Secretary is authorized to designate 
financial institutions, including but not limited to, depositories, 
brokers, dealers, and other institutions, as financial agents of the 
United States. Such institutions shall--
            (1) perform all reasonable duties the Secretary determines 
        necessary to respond to the coronavirus; and

[[Page 134 STAT. 476]]

            (2) <<NOTE: Reimbursement.>>  be paid for such duties using 
        appropriations available to the Secretary to reimburse financial 
        institutions in their capacity as financial agents of the United 
        States.

    (h) Loans Made by or Guaranteed by the Department of the Treasury 
Treated as Indebtedness for Tax Purposes.--
            (1) In general.--Any loan made by or guaranteed by the 
        Department of the Treasury under this section shall be treated 
        as indebtedness for purposes of the Internal Revenue Code of 
        1986, shall be treated as issued for its stated principal 
        amount, and stated interest on such loans shall be treated as 
        qualified stated interest.
            (2) Regulations or guidance.--The Secretary of the Treasury 
        (or the Secretary's delegate) shall prescribe such regulations 
        or guidance as may be necessary or appropriate to carry out the 
        purposes of this section, including guidance providing that the 
        acquisition of warrants, stock options, common or preferred 
        stock or other equity under this section does not result in an 
        ownership change for purposes of section 382 of the Internal 
        Revenue Code of 1986.
SEC. 4004. <<NOTE: Time periods. 15 USC 9043.>>  LIMITATION ON 
                          CERTAIN EMPLOYEE COMPENSATION.

    (a) In General.--The Secretary may only enter into an agreement with 
an eligible business to make a loan or loan guarantee under paragraph 
(1), (2) or (3) of section 4003(b) if such agreement provides that, 
during the period beginning on the date on which the agreement is 
executed and ending on the date that is 1 year after the date on which 
the loan or loan guarantee is no longer outstanding--
            (1) no officer or employee of the eligible business whose 
        total compensation exceeded $425,000 in calendar year 2019 
        (other than an employee whose compensation is determined through 
        an existing collective bargaining agreement entered into prior 
        to March 1, 2020)--
                    (A) will receive from the eligible business total 
                compensation which exceeds, during any 12 consecutive 
                months of such period, the total compensation received 
                by the officer or employee from the eligible business in 
                calendar year 2019; or
                    (B) will receive from the eligible business 
                severance pay or other benefits upon termination of 
                employment with the eligible business which exceeds 
                twice the maximum total compensation received by the 
                officer or employee from the eligible business in 
                calendar year 2019; and
            (2) no officer or employee of the eligible business whose 
        total compensation exceeded $3,000,000 in calendar year 2019 may 
        receive during any 12 consecutive months of such period total 
        compensation in excess of the sum of--
                    (A) $3,000,000; and
                    (B) 50 percent of the excess over $3,000,000 of the 
                total compensation received by the officer or employee 
                from the eligible business in calendar year 2019.

    (b) Total Compensation Defined.--In this section, the term ``total 
compensation'' includes salary, bonuses, awards of stock, and other 
financial benefits provided by an eligible business to an officer or 
employee of the eligible business.

[[Page 134 STAT. 477]]

SEC. 4005. <<NOTE: Requirement. 15 USC 9044.>>  CONTINUATION OF 
                          CERTAIN AIR SERVICE.

    The Secretary of Transportation is authorized to require, to the 
extent reasonable and practicable, an air carrier receiving loans and 
loan guarantees under section 4003 to maintain scheduled air 
transportation service as the Secretary of Transportation deems 
necessary to ensure services to any point served by that carrier before 
March 1, 2020. When considering whether to exercise the authority 
granted by this section, the Secretary of Transportation shall take into 
consideration the air transportation needs of small and remote 
communities and the need to maintain well-functioning health care and 
pharmaceutical supply chains, including for medical devices and 
supplies. <<NOTE: Termination date.>>  The authority under this section, 
including any requirement issued by the Secretary under this section, 
shall terminate on March 1, 2022.
SEC. 4006. <<NOTE: 15 USC 9045.>>  COORDINATION WITH SECRETARY OF 
                          TRANSPORTATION.

    In implementing this subtitle with respect to air carriers, the 
Secretary shall coordinate with the Secretary of Transportation.
SEC. 4007. <<NOTE: Time period. 15 USC 9046.>>  SUSPENSION OF 
                          CERTAIN AVIATION EXCISE TAXES.

    (a) Transportation by Air.--In the case of any amount paid for 
transportation by air (including any amount treated as paid for 
transportation by air by reason of section 4261(e)(3) of the Internal 
Revenue Code of 1986) during the excise tax holiday period, no tax shall 
be imposed under section 4261 or 4271 of such Code. The preceding 
sentence shall not apply to amounts paid on or before the date of the 
enactment of this Act.
    (b) Use of Kerosene in Commercial Aviation.--In the case of kerosene 
used in commercial aviation (as defined in section 4083 of the Internal 
Revenue Code of 1986) during the excise tax holiday period--
            (1) no tax shall be imposed on such kerosene under--
                    (A) section 4041(c) of the Internal Revenue Code of 
                1986, or
                    (B) section 4081 of such Code (other than at the 
                rate provided in subsection (a)(2)(B) thereof), and
            (2) <<NOTE: Applicability.>>  section 6427(l) of such Code 
        shall be applied--
                    (A) by treating such use as a nontaxable use, and
                    (B) without regard to paragraph (4)(A)(ii) thereof.

    (c) <<NOTE: Definition.>>  Excise Tax Holiday Period.--For purposes 
of this section, the term ``excise tax holiday period'' means the period 
beginning after the date of the enactment of this section and ending 
before January 1, 2021.
SEC. 4008. DEBT GUARANTEE AUTHORITY.

    (a) Section 1105 of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (12 U.S.C. 5612) is amended--
            (1) in subsection (f)--
                    (A) by inserting ``in noninterest-bearing 
                transaction accounts'' after ``institutions''; and
                    (B) by striking ``shall not'' and inserting ``may''; 
                and
            (2) by adding at the end the following:

    ``(h) Approval of Guarantee Program During the COVID-19 Crisis.--
            ``(1) <<NOTE: Deadline.>>  In general.--For purposes of the 
        congressional joint resolution of approval provided for in 
        subsections (c)(1) and (2) and (d), notwithstanding any other 
        provision of this section, the Federal Deposit Insurance 
        Corporation is approved upon

[[Page 134 STAT. 478]]

        enactment of this Act to establish a program provided for in 
        subsection (a), provided that any such program and any such 
        guarantee shall terminate not later than December 31, 2020.
            ``(2) Maximum amount.--Any debt guarantee program authorized 
        by this subsection shall include a maximum amount of outstanding 
        debt that is guaranteed.''.

    (b) <<NOTE: 15 USC 9047.>>  Federal Credit Union Transaction Account 
Guarantees.--Notwithstanding any <<NOTE: Coordination. Deadline.>>  
other provision of law and in coordination with the Federal Deposit 
Insurance Corporation, the National Credit Union Administration Board 
may by a vote of the Board increase to unlimited, or such lower amount 
as the Board approves, the share insurance coverage provided by the 
National Credit Union Share Insurance Fund on any noninterest-bearing 
transaction account in any federally insured credit union without 
exception, provided that any such increase shall terminate not later 
than December 31, 2020.
SEC. 4009. <<NOTE: Determination. Time period. 15 USC 9048.>>  
                          TEMPORARY GOVERNMENT IN THE SUNSHINE ACT 
                          RELIEF.

    (a) In General.--Except as provided in subsection (b), 
notwithstanding any other provision of law, if the Chairman of the Board 
of Governors of the Federal Reserve System determines, in writing, that 
unusual and exigent circumstances exist, the Board may conduct meetings 
without regard to the requirements of section 552b of title 5, United 
States Code, during the period beginning on the date of enactment of 
this Act and ending on the earlier of--
            (1) the date on which the national emergency concerning the 
        novel coronavirus disease (COVID-19) outbreak declared by the 
        President on March 13, 2020 under the National Emergencies Act 
        (50 U.S.C. 1601 et seq.) terminates; or
            (2) December 31, 2020.

    (b) Records.--The Board of Governors of the Federal Reserve System 
shall keep a record of all Board votes and the reasons for such votes 
during the period described in subsection (a).
SEC. 4010. <<NOTE: Time period. 15 USC 9049.>>  TEMPORARY HIRING 
                          FLEXIBILITY.

    (a) Definition.--In this section, the term ``covered period'' means 
the period beginning on the date of enactment of this Act and ending on 
the sooner of--
            (1) the termination date of the national emergency 
        concerning the novel coronavirus disease (COVID-19) outbreak 
        declared by the President on March 13, 2020 under the National 
        Emergencies Act (50 U.S.C. 1601 et seq.); or
            (2) December 31, 2020.

    (b) <<NOTE: Determination.>>  Authority.-- During the covered 
period, the Secretary of Housing and Urban Development, the Securities 
and Exchange Commission, and the Commodity Futures Trading Commission 
may, without regard to sections 3309 through 3318 of title 5, United 
States Code, recruit and appoint candidates to fill temporary and term 
appointments within their respective agencies upon a determination that 
those expedited procedures are necessary and appropriate to enable the 
respective agencies to prevent, prepare for, or respond to COVID-19.
SEC. 4011. TEMPORARY LENDING LIMIT WAIVER.

    (a) In General.--Section 5200 of the Revised Statutes of the United 
States (12 U.S.C. 84) is amended--
            (1) in subsection (c)(7)--

[[Page 134 STAT. 479]]

                    (A) by inserting ``any nonbank financial company (as 
                that term is defined in section 102 of the Financial 
                Stability Act of 2010 (12 U.S.C. 5311)),'' after ``Loans 
                or extensions of credit to''; and
                    (B) by striking ``financial institution or to'' and 
                inserting ``financial institution, or to''; and
            (2) in subsection (d), by adding at the end of paragraph (1) 
        the following: ``The Comptroller of the Currency may, by order, 
        exempt any transaction or series of transactions from the 
        requirements of this section upon a finding by the Comptroller 
        that such exemption is in the public interest and consistent 
        with the purposes of this section.''.

    (b) <<NOTE: 12 USC 84 note.>>  Effective Period.--This section, and 
the amendments made by this section, shall be effective during the 
period beginning on the date of enactment of this Act and ending on the 
sooner of--
            (1) the termination date of the national emergency 
        concerning the novel coronavirus disease (COVID-19) outbreak 
        declared by the President on March 13, 2020 under the National 
        Emergencies Act (50 U.S.C. 1601 et seq.); or
            (2) December 31, 2020.
SEC. 4012. <<NOTE: 15 USC 9050.>>  TEMPORARY RELIEF FOR COMMUNITY 
                          BANKS.

    (a) Definitions.--In this section--
            (1) the term ``appropriate Federal banking agency'' has the 
        meaning given the term in section 2 of the Economic Growth, 
        Regulatory Relief, and Consumer Protection Act (12 U.S.C. 5365 
        note); and
            (2) the terms ``Community Bank Leverage Ratio'' and 
        ``qualifying community bank'' have the meanings given the terms 
        in section 201(a) of the Economic Growth, Regulatory Relief, and 
        Consumer Protection Act (12 U.S.C. 5371 note).

    (b) Interim Rule.--
            (1) In general.--Notwithstanding any other provision of law 
        or regulation, the appropriate Federal banking agencies shall 
        issue an interim final rule that provides that, for the purposes 
        of section 201 of the Economic Growth, Regulatory Relief, and 
        Consumer Protection Act (12 U.S.C. 5371 note)--
                    (A) the Community Bank Leverage Ratio shall be 8 
                percent; and
                    (B) a qualifying community bank that falls below the 
                Community Bank Leverage Ratio established under 
                subparagraph (A) shall have a reasonable grace period to 
                satisfy the Community Bank Leverage Ratio.
            (2) Effective period.--The interim rule issued under 
        paragraph (1) shall be effective during the period beginning on 
        the date on which the appropriate Federal banking agencies issue 
        the rule and ending on the sooner of--
                    (A) the termination date of the national emergency 
                concerning the novel coronavirus disease (COVID-19) 
                outbreak declared by the President on March 13, 2020 
                under the National Emergencies Act (50 U.S.C. 1601 et 
                seq.); or
                    (B) December 31, 2020.

    (c) Grace Period.--During a grace period described in subsection 
(b)(1)(B), a qualifying community bank to which the grace period applies 
may continue to be treated as a qualifying community

[[Page 134 STAT. 480]]

bank and shall be presumed to satisfy the capital and leverage 
requirements described in section 201(c) of the Economic Growth, 
Regulatory Relief, and Consumer Protection Act (12 U.S.C. 5371 note).
SEC. 4013. <<NOTE: Time period. 15 USC 9051.>>  TEMPORARY RELIEF 
                          FROM TROUBLED DEBT RESTRUCTURINGS.

    (a) Definitions.--In this section:
            (1) Applicable period.--The term ``applicable period'' means 
        the period beginning on March 1, 2020 and ending on the earlier 
        of December 31, 2020, or the date that is 60 days after the date 
        on which the national emergency concerning the novel coronavirus 
        disease (COVID-19) outbreak declared by the President on March 
        13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et 
        seq.) terminates.
            (2) Appropriate federal banking agency.--The term 
        ``appropriate Federal banking agency''--
                    (A) has the meaning given the term in section 3 of 
                the Federal Deposit Insurance Act (12 U.S.C. 1813); and
                    (B) includes the National Credit Union 
                Administration.

    (b) Suspension.--
            (1) In general.--During the applicable period, a financial 
        institution may elect to--
                    (A) suspend the requirements under United States 
                generally accepted accounting principles for loan 
                modifications related to the coronavirus disease 2019 
                (COVID-19) pandemic that would otherwise be categorized 
                as a troubled debt restructuring; and
                    (B) suspend any determination of a loan modified as 
                a result of the effects of the coronavirus disease 2019 
                (COVID-19) pandemic as being a troubled debt 
                restructuring, including impairment for accounting 
                purposes.
            (2) Applicability.--Any suspension under paragraph (1)--
                    (A) <<NOTE: Effective date.>>  shall be applicable 
                for the term of the loan modification, but solely with 
                respect to any modification, including a forbearance 
                arrangement, an interest rate modification, a repayment 
                plan, and any other similar arrangement that defers or 
                delays the payment of principal or interest, that occurs 
                during the applicable period for a loan that was not 
                more than 30 days past due as of December 31, 2019; and
                    (B) shall not apply to any adverse impact on the 
                credit of a borrower that is not related to the 
                coronavirus disease 2019 (COVID-19) pandemic.

    (c) Deference.--The appropriate Federal banking agency of the 
financial institution shall defer to the determination of the financial 
institution to make a suspension under this section.
    (d) <<NOTE: Applicability.>>  Records.--For modified loans for which 
suspensions under subsection (a) apply--
            (1) financial institutions should continue to maintain 
        records of the volume of loans involved; and
            (2) the appropriate Federal banking agencies may collect 
        data about such loans for supervisory purposes.
SEC. 4014. <<NOTE: 15 USC 9052.>>  OPTIONAL TEMPORARY RELIEF FROM 
                          CURRENT EXPECTED CREDIT LOSSES.

    (a) Definitions.--In this section:

[[Page 134 STAT. 481]]

            (1) Appropriate federal banking agency.--The term 
        ``appropriate Federal banking agency''--
                    (A) has the meaning given the term in section 3 of 
                the Federal Deposit Insurance Act (12 U.S.C. 1813); and
                    (B) includes the National Credit Union 
                Administration.
            (2) Insured depository institution.--The term ``insured 
        depository institution''--
                    (A) has the meaning given the term in section 3 of 
                the Federal Deposit Insurance Act (12 U.S.C. 1813); and
                    (B) includes a credit union.

    (b) <<NOTE: Time period.>>  Temporary Relief From CECL Standards.--
Notwithstanding any other provision of law, no insured depository 
institution, bank holding company, or any affiliate thereof shall be 
required to comply with the Financial Accounting Standards Board 
Accounting Standards Update No. 2016-13 (``Measurement of Credit Losses 
on Financial Instruments''), including the current expected credit 
losses methodology for estimating allowances for credit losses, during 
the period beginning on the date of enactment of this Act and ending on 
the earlier of--
            (1) the date on which the national emergency concerning the 
        novel coronavirus disease (COVID-19) outbreak declared by the 
        President on March 13, 2020 under the National Emergencies Act 
        (50 U.S.C. 1601 et seq.) terminates; or
            (2) December 31, 2020.
SEC. 4015. <<NOTE: 12 USC 5236 note.>>  NON-APPLICABILITY OF 
                          RESTRICTIONS ON ESF DURING NATIONAL 
                          EMERGENCY.

    (a) <<NOTE: Time period.>>  In General.--Section 131 of the 
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5236) shall not 
apply during the period beginning on the date of enactment of this Act 
and ending on December 31, 2020. Any guarantee established as a result 
of the application of subsection (a) shall--
            (1) be limited to a guarantee of the total value of a 
        shareholder's account in a participating fund as of the close of 
        business on the day before the announcement of the guarantee; 
        and
            (2) <<NOTE: Termination date. Reimbursement.>>  terminate 
        not later than December 31, 2020.

    (b) Direct Appropriation.--Upon the expiration of the period 
described in subsection (a), there is appropriated, out of amounts in 
the Treasury not otherwise appropriated, such sums as may be necessary 
to reimburse the fund established under section 5302(a)(1) of title 31, 
United States Code, for any funds that are used for the Treasury Money 
Market Funds Guaranty Program for the United States money market mutual 
fund industry to the extent a claim payment made exceeds the balance of 
fees collected by the fund.
SEC. 4016. TEMPORARY CREDIT UNION PROVISIONS.

    (a) In General.--
            (1) Definitions.--Section 302(1) of the Federal Credit Union 
        Act (12 U.S.C. 1795a(1)) is amended, in the matter preceding 
        subparagraph (A), by striking ``primarily serving natural 
        persons''.
            (2) Membership.--Section 304(b)(2) of the Federal Credit 
        Union Act (12 U.S.C. 1795c(b)(2)) is amended by striking ``all 
        those credit unions'' and inserting ``such credit unions as the 
        Board may in its discretion determine''.

[[Page 134 STAT. 482]]

            (3) Extensions of credit.--Section 306(a)(1) of the Federal 
        Credit Union Act (12 U.S.C. 1795e(a)(1)) is amended, in the 
        second sentence, by striking ``the intent of which is to expand 
        credit union portfolios'' and inserting ``without first having 
        obtained evidence from the applicant that the applicant has made 
        reasonable efforts to first use primary sources of liquidity of 
        the applicant, including balance sheet and market funding 
        sources, to address the liquidity needs of the applicant''.
            (4) <<NOTE: Time period.>>  Powers of the board.--Section 
        307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C. 
        1795f(a)(4)(A)) is amended by inserting ``, provided that, the 
        total face value of such obligations shall not exceed 16 times 
        the subscribed capital stock and surplus of the Facility for the 
        period beginning on the date of enactment of the Coronavirus 
        Economic Stabilization Act of 2020 and ending on December 31, 
        2020'' after ``Facility''.

    (b) Sunset.--
            (1) In general.--
                    (A) Definitions.--Section 302(1) of the Federal 
                Credit Union Act (12 U.S.C. 1795a(1)) is amended, in the 
                matter preceding subparagraph (A), by inserting 
                ``primarily serving natural persons'' after ``credit 
                unions''.
                    (B) Membership.--Section 304(b)(2) of the Federal 
                Credit Union Act (12 U.S.C. 1795c(b)(2)) is amended by 
                striking ``such credit unions as the Board may in its 
                discretion determine'' and inserting ``all those credit 
                unions''.
                    (C) Extensions of credit.--Section 306(a)(1) of the 
                Federal Credit Union Act (12 U.S.C. 1795e(a)(1)) is 
                amended, in the second sentence, by striking ``without 
                first having obtained evidence from the applicant that 
                the applicant has made reasonable efforts to first use 
                primary sources of liquidity of the applicant, including 
                balance sheet and market funding sources, to address the 
                liquidity needs of the applicant'' and inserting ``the 
                intent of which is to expand credit union portfolios''.
            (2) <<NOTE: 12 USC 1795a note.>>  Effective date.--The 
        amendments made by paragraph (1) shall take effect on December 
        31, 2020.
SEC. 4017. <<NOTE: Time periods. 50 USC 4532 note.>>  INCREASING 
                          ACCESS TO MATERIALS NECESSARY FOR 
                          NATIONAL SECURITY AND PANDEMIC RECOVERY.

    Notwithstanding any other provision of law--
            (1) during the 2-year period beginning on the date of 
        enactment of this Act, the requirements described in sections 
        303(a)(6)(C) and 304(e) of the Defense Production Act of 1950 
        (50 U.S.C. 4533(a)(6)(C), 4534(e)) shall not apply; and
            (2) during the 1-year period beginning on the date of 
        enactment of this Act, the requirements described in sections 
        302(d)(1) and 303 (a)(6)(B) of the Defense Production Act of 
        1950 (50 U.S.C. 4532(d)(1), 4533(a)(6)(B)) shall not apply.
SEC. 4018. <<NOTE: 15 USC 9053.>>  SPECIAL INSPECTOR GENERAL FOR 
                          PANDEMIC RECOVERY.

    (a) <<NOTE: Establishment.>>  Office of Inspector General.--There is 
hereby established within the Department of the Treasury the Office of 
the Special Inspector General for Pandemic Recovery.

    (b) Appointment of Inspector General; Removal.--
            (1) <<NOTE: President.>>  In general.--The head of the 
        Office of the Special Inspector General for Pandemic Recovery 
        shall be the Special Inspector General for Pandemic Recovery 
        (referred to in this section as the ``Special Inspector 
        General''), who shall be

[[Page 134 STAT. 483]]

        appointed by the President, by and with the advice and consent 
        of the Senate.
            (2) Nomination.--The nomination of the Special Inspector 
        General shall be made on the basis of integrity and demonstrated 
        ability in accounting, auditing, financial analysis, law, 
        management analysis, public administration, or investigations. 
        The nomination of an individual as Special Inspector General 
        shall be made as soon as practicable after any loan, loan 
        guarantee, or other investment is made under section 4003.
            (3) Removal.--The Special Inspector General shall be 
        removable from office in accordance with the provisions of 
        section 3(b) of the Inspector General Act of 1978 (5 U.S.C. 
        App.).
            (4) Political activity.--For purposes of section 7324 of 
        title 5, United States Code, the Special Inspector General shall 
        not be considered an employee who determines policies to be 
        pursued by the United States in the nationwide administration of 
        Federal law.
            (5) Basic pay.--The annual rate of basic pay of the Special 
        Inspector General shall be the annual rate of basic pay for an 
        Inspector General under section 3(e) of the Inspector General 
        Act of 1978 (5 U.S.C. App.).

    (c) Duties.--
            (1) <<NOTE: Audits. Summary.>>  In general.--It shall be the 
        duty of the Special Inspector General to, in accordance with 
        section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C. 
        App.), conduct, supervise, and coordinate audits and 
        investigations of the making, purchase, management, and sale of 
        loans, loan guarantees, and other investments made by the 
        Secretary of the Treasury under any program established by the 
        Secretary under this Act, and the management by the Secretary of 
        any program established under this Act, including by collecting 
        and summarizing the following information:
                    (A) A description of the categories of the loans, 
                loan guarantees, and other investments made by the 
                Secretary.
                    (B) <<NOTE: List.>>  A listing of the eligible 
                businesses receiving loan, loan guarantees, and other 
                investments made under each category described in 
                subparagraph (A).
                    (C) An explanation of the reasons the Secretary 
                determined it to be appropriate to make each loan or 
                loan guarantee under this Act, including a justification 
                of the price paid for, and other financial terms 
                associated with, the applicable transaction.
                    (D) <<NOTE: List.>>  A listing of, and detailed 
                biographical information with respect to, each person 
                hired to manage or service each loan, loan guarantee, or 
                other investment made under section 4003.
                    (E) <<NOTE: Estimate.>>  A current, as of the date 
                on which the information is collected, estimate of the 
                total amount of each loan, loan guarantee, and other 
                investment made under this Act that is outstanding, the 
                amount of interest and fees accrued and received with 
                respect to each loan or loan guarantee, the total amount 
                of matured loans, the type and amount of collateral, if 
                any, and any losses or gains, if any, recorded or 
                accrued for each loan, loan guarantee, or other 
                investment.

[[Page 134 STAT. 484]]

            (2) <<NOTE: Procedures.>>  Maintenance of systems.--The 
        Special Inspector General shall establish, maintain, and oversee 
        such systems, procedures, and controls as the Special Inspector 
        General considers appropriate to discharge the duties of the 
        Special Inspector General under paragraph (1).
            (3) Additional duties and responsibilities.--In addition to 
        the duties described in paragraphs (1) and (2), the Special 
        Inspector General shall also have the duties and 
        responsibilities of inspectors general under the Inspector 
        General Act of 1978 (5 U.S.C. App.).

    (d) Powers and Authorities.--
            (1) In general.--In carrying out the duties of the Special 
        Inspector General under subsection (c), the Special Inspector 
        General shall have the authorities provided in section 6 of the 
        Inspector General Act of 1978 (5 U.S.C. App.).
            (2) Treatment of office.--The Office of the Special 
        Inspector General for Pandemic Recovery shall be considered to 
        be an office described in section 6(f)(3) of the Inspector 
        General Act of 1978 (5 U.S.C. App.) and shall be exempt from an 
        initial determination by the Attorney General under section 
        6(f)(2) of that Act.

    (e) Personnel, Facilities, and Other Resources.--
            (1) Appointment of officers and employees.--The Special 
        Inspector General may select, appoint, and employ such officers 
        and employees as may be necessary for carrying out the duties of 
        the Special Inspector General, subject to the provisions of 
        title 5, United States Code, governing appointments in the 
        competitive service, and the provisions of chapter 51 and 
        subchapter III of chapter 53 of that title, relating to 
        classification and General Schedule pay rates.
            (2) Experts and consultants.--The Special Inspector General 
        may obtain services as authorized under section 3109 of title 5, 
        United States Code, at daily rates not to exceed the equivalent 
        rate prescribed for grade GS-15 of the General Schedule by 
        section 5332 of that title.
            (3) Contracts.--The Special Inspector General may enter into 
        contracts and other arrangements for audits, studies, analyses, 
        and other services with public agencies and with private 
        persons, and make such payments as may be necessary to carry out 
        the duties of the Inspector General.
            (4) Requests for information.--
                    (A) In general.--Upon request of the Special 
                Inspector General for information or assistance from any 
                department, agency, or other entity of the Federal 
                Government, the head of that department, agency, or 
                entity shall, to the extent practicable and not in 
                contravention of any existing law, furnish that 
                information or assistance to the Special Inspector 
                General, or an authorized designee.
                    (B) <<NOTE: Reports.>>  Refusal to provide requested 
                information.--Whenever information or assistance 
                requested by the Special Inspector General is, in the 
                judgment of the Special Inspector General, unreasonably 
                refused or not provided, the Special Inspector General 
                shall report the circumstances to the appropriate 
                committees of Congress without delay.

    (f) Reports.--
            (1) Quarterly reports.--

[[Page 134 STAT. 485]]

                    (A) <<NOTE: Summary. Time period.>>  In general.--
                Not later than 60 days after the date on which the 
                Special Inspector General is confirmed, and once every 
                calendar quarter thereafter, the Special Inspector 
                General shall submit to the appropriate committees of 
                Congress a report summarizing the activities of the 
                Special Inspector General during the 3-month period 
                ending on the date on which the Special Inspector 
                General submits the report.
                    (B) Contents.--Each report submitted under 
                subparagraph (A) shall include, for the period covered 
                by the report, a detailed statement of all loans, loan 
                guarantees, other transactions, obligations, 
                expenditures, and revenues associated with any program 
                established by the Secretary under section 4003, as well 
                as the information collected under subsection (c)(1).
            (2) Rule of construction.--Nothing in this subsection may be 
        construed to authorize the public disclosure of information that 
        is--
                    (A) specifically prohibited from disclosure by any 
                other provision of law;
                    (B) specifically required by Executive order to be 
                protected from disclosure in the interest of national 
                defense or national security or in the conduct of 
                foreign affairs; or
                    (C) a part of an ongoing criminal investigation.

    (g) Funding.--
            (1) In general.--Of the amounts made available to the 
        Secretary under section 4027, $25,000,000 shall be made 
        available to the Special Inspector General to carry out this 
        section.
            (2) Availability.--The amounts made available to the Special 
        Inspector General under paragraph (1) shall remain available 
        until expended.

    (h) Termination.--The Office of the Special Inspector General shall 
terminate on the date 5 years after the enactment of this Act.
    (i) Council of the Inspectors General on Integrity and Efficiency.--
The Special Inspector General shall be a member of the Council of the 
Inspectors General on Integrity and Efficiency established under section 
11 of the Inspector General Act of 1978 (5 U.S.C. App.) until the date 
of termination of the Office of the Special Inspector General.
    (j) Corrective Responses to Audit Problems.--The Secretary shall--
            (1) take action to address deficiencies identified by a 
        report or investigation of the Special Inspector General; or
            (2) <<NOTE: Certification.>>  with respect to a deficiency 
        identified under paragraph (1), certify to the Committee on 
        Banking, Housing, and Urban Affairs of the Senate, the Committee 
        on Finance of the Senate, the Committee on Financial Services of 
        the House of Representatives, and the Committee on Ways and 
        Means of the House of Representatives that no action is 
        necessary or appropriate.
SEC. 4019. <<NOTE: 15 USC 9054.>>  CONFLICTS OF INTEREST.

    (a) Definitions.--In this section:
            (1) Controlling interest.--The term ``controlling interest'' 
        means owning, controlling, or holding not less than

[[Page 134 STAT. 486]]

        20 percent, by vote or value, of the outstanding amount of any 
        class of equity interest in an entity.
            (2) Covered entity.--The term ``covered entity'' means an 
        entity in which a covered individual directly or indirectly 
        holds a controlling interest. For the purpose of determining 
        whether an entity is a covered entity, the securities owned, 
        controlled, or held by 2 or more individuals who are related as 
        described in paragraph (3)(B) shall be aggregated.
            (3) Covered individual.--The term ``covered individual'' 
        means--
                    (A) the President, the Vice President, the head of 
                an Executive department, or a Member of Congress; and
                    (B) the spouse, child, son-in-law, or daughter-in-
                law, as determined under applicable common law, of an 
                individual described in subparagraph (A).
            (4) Executive department.--The term ``Executive department'' 
        has the meaning given the term in section 101 of title 5, United 
        States Code.
            (5) Member of congress.--The term ``member of Congress'' 
        means a member of the Senate or House of Representatives, a 
        Delegate to the House of Representatives, and the Resident 
        Commissioner from Puerto Rico.
            (6) Equity interest.--The term ``equity interest'' means--
                    (A) a share in an entity, without regard to whether 
                the share is--
                          (i) transferable; or
                          (ii) classified as stock or anything similar;
                    (B) a capital or profit interest in a limited 
                liability company or partnership; or
                    (C) a warrant or right, other than a right to 
                convert, to purchase, sell, or subscribe to a share or 
                interest described in subparagraph (A) or (B), 
                respectively.

    (b) Prohibition.--Notwithstanding any other provision of this 
subtitle, no covered entity may be eligible for any transaction 
described in section 4003.
    (c) <<NOTE: Certification.>>  Requirement.--The principal executive 
officer and the principal financial officer, or individuals performing 
similar functions, of an entity seeking to enter a transaction under 
section 4003 shall, before that transaction is approved, certify to the 
Secretary and the Board of Governors of the Federal Reserve System that 
the entity is eligible to engage in that transaction, including that the 
entity is not a covered entity.
SEC. 4020. <<NOTE: 15 USC 9055.>>  CONGRESSIONAL OVERSIGHT 
                          COMMISSION.

    (a) Establishment.--There is hereby established the Congressional 
Oversight Commission (hereafter in this section referred to as the 
``Oversight Commission'') as an establishment in the legislative branch.
    (b) Duties.--
            (1) In general.--The Oversight Commission shall--
                    (A) conduct oversight of the implementation of this 
                subtitle by the Department of the Treasury and the Board 
                of Governors of the Federal Reserve System, including 
                efforts of the Department and the Board to provide 
                economic stability as a result of the coronavirus 
                disease 2019 (COVID-19) pandemic of 2020;

[[Page 134 STAT. 487]]

                    (B) submit to Congress reports under paragraph (2); 
                and
                    (C) review the implementation of this subtitle by 
                the Federal Government.
            (2) Regular reports.--
                    (A) In general.--Reports of the Oversight Commission 
                shall include the following:
                          (i) The use by the Secretary and the Board of 
                      Governors of the Federal Reserve System of 
                      authority under this subtitle, including with 
                      respect to the use of contracting authority and 
                      administration of the provisions of this subtitle.
                          (ii) The impact of loans, loan guarantees, and 
                      investments made under this subtitle on the 
                      financial well-being of the people of the United 
                      States and the United States economy, financial 
                      markets, and financial institutions.
                          (iii) The extent to which the information made 
                      available on transactions under this subtitle has 
                      contributed to market transparency.
                          (iv) The effectiveness of loans, loan 
                      guarantees, and investments made under this 
                      subtitle of minimizing long-term costs to the 
                      taxpayers and maximizing the benefits for 
                      taxpayers.
                    (B) Timing.--The reports required under this 
                paragraph shall be submitted not later than 30 days 
                after the first exercise by the Secretary and the Board 
                of Governors of the Federal Reserve System of the 
                authority under this subtitle and every 30 days 
                thereafter.

    (c) Membership.--
            (1) <<NOTE: Appointments.>>  In general.--The Oversight 
        Commission shall consist of 5 members as follows:
                    (A) 1 member appointed by the Speaker of the House 
                of Representatives.
                    (B) 1 member appointed by the minority leader of the 
                House of Representatives.
                    (C) 1 member appointed by the majority leader of the 
                Senate.
                    (D) 1 member appointed by the minority leader of the 
                Senate.
                    (E) <<NOTE: Consultation.>>  1 member appointed as 
                Chairperson by the Speaker of the House of 
                Representatives and the majority leader of the Senate, 
                after consultation with the minority leader of the 
                Senate and the minority leader of the House of 
                Representatives
            (2) Pay.--Each member of the Oversight Commission shall be 
        paid at a rate equal to the daily equivalent of the annual rate 
        of basic pay for level I of the Executive Schedule for each day 
        (including travel time) during which such member is engaged in 
        the actual performance of duties vested in the Oversight 
        Commission.
            (3) Prohibition of compensation of federal employees.--
        Members of the Oversight Commission who are full-time officers 
        or employees of the United States may not receive additional 
        pay, allowances, or benefits by reason of their service on the 
        Oversight Commission.

[[Page 134 STAT. 488]]

            (4) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with applicable provisions under subchapter I of 
        chapter 57 of title 5, United States Code.
            (5) Quorum.--Four members of the Oversight Commission shall 
        constitute a quorum but a lesser number may hold hearings.
            (6) Vacancies.--A vacancy on the Oversight Commission shall 
        be filled in the manner in which the original appointment was 
        made.
            (7) Meetings.--The Oversight Commission shall meet at the 
        call of the Chairperson or a majority of its members.

    (d) Staff.--
            (1) In general.--The Oversight Commission may appoint and 
        fix the pay of any personnel as the Oversight Commission 
        considers appropriate.
            (2) Experts and consultants.--The Oversight Commission may 
        procure temporary and intermittent services under section 
        3109(b) of title 5, United States Code.
            (3) Staff of agencies.--Upon request of the Oversight 
        Commission, the head of any Federal department or agency may 
        detail, on a reimbursable basis, any of the personnel of that 
        department or agency to the Oversight Commission to assist it in 
        carrying out its duties under the this subtitle.

    (e) Powers.--
            (1) Hearings and evidence.--The Oversight Commission, or any 
        subcommittee or member thereof, may, for the purpose of carrying 
        out this section hold hearings, sit and act at times and places, 
        take testimony, and receive evidence as the Oversight Commission 
        considers appropriate and may administer oaths or affirmations 
        to witnesses appearing before it.
            (2) Contracting.--The Oversight Commission may, to such 
        extent and in such amounts as are provided in appropriation 
        Acts, enter into contracts to enable the Oversight Commission to 
        discharge its duties under this section.
            (3) Powers of members and agents.--Any member or agent of 
        the Oversight Commission may, if authorized by the Oversight 
        Commission, take any action which the Oversight Commission is 
        authorized to take by this section.
            (4) Obtaining official data.--The Oversight Commission may 
        secure directly from any department or agency of the United 
        States information necessary to enable it to carry out this 
        section. Upon request of the Chairperson of the Oversight 
        Commission, the head of that department or agency shall furnish 
        that information to the Oversight Commission.
            (5) Reports.--The Oversight Commission shall receive and 
        consider all reports required to be submitted to the Oversight 
        Commission under this subtitle.

    (f) Termination.--The Oversight Commission shall terminate on 
September 30, 2025.
    (g) Funding for Expenses.--
            (1) Authorization of appropriations.--There is authorized to 
        be appropriated to the Oversight Commission such sums as may be 
        necessary for any fiscal year, half of which shall be derived 
        from the applicable account of the House of Representatives, and 
        half of which shall be derived from the contingent fund of the 
        Senate.

[[Page 134 STAT. 489]]

            (2) Reimbursement of amounts.--An amount equal to the 
        expenses of the Oversight Commission shall be promptly 
        transferred by the Secretary and the Board of Governors of the 
        Federal Reserve System, from time to time upon the presentment 
        of a statement of such expenses by the Chairperson of the 
        Oversight Commission, from funds made available to the Secretary 
        under this subtitle to the applicable fund of the House of 
        Representatives and the contingent fund of the Senate, as 
        appropriate, as reimbursement for amounts expended from such 
        account and fund under paragraph (1).
SEC. 4021. CREDIT PROTECTION DURING COVID-19.

    Section 623(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681s-
2(a)(1)) is amended by adding at the end the following:
                    ``(F) Reporting information during covid-19 
                pandemic.--
                          ``(i) Definitions.--In this subsection:
                                    ``(I) Accommodation.--The term 
                                `accommodation' includes an agreement to 
                                defer 1 or more payments, make a partial 
                                payment, forbear any delinquent amounts, 
                                modify a loan or contract, or any other 
                                assistance or relief granted to a 
                                consumer who is affected by the 
                                coronavirus disease 2019 (COVID-19) 
                                pandemic during the covered period.
                                    ``(II) Covered period.--The term 
                                `covered period' means the period 
                                beginning on January 31, 2020 and ending 
                                on the later of--
                                            ``(aa) 120 days after the 
                                        date of enactment of this 
                                        subparagraph; or
                                            ``(bb) 120 days after the 
                                        date on which the national 
                                        emergency concerning the novel 
                                        coronavirus disease (COVID-19) 
                                        outbreak declared by the 
                                        President on March 13, 2020 
                                        under the National Emergencies 
                                        Act (50 U.S.C. 1601 et seq.) 
                                        terminates.
                          ``(ii) Reporting.--Except as provided in 
                      clause (iii), if a furnisher makes an 
                      accommodation with respect to 1 or more payments 
                      on a credit obligation or account of a consumer, 
                      and the consumer makes the payments or is not 
                      required to make 1 or more payments pursuant to 
                      the accommodation, the furnisher shall--
                                    ``(I) report the credit obligation 
                                or account as current; or
                                    ``(II) if the credit obligation or 
                                account was delinquent before the 
                                accommodation--
                                            ``(aa) maintain the 
                                        delinquent status during the 
                                        period in which the 
                                        accommodation is in effect; and
                                            ``(bb) if the consumer 
                                        brings the credit obligation or 
                                        account current during the 
                                        period described in item (aa), 
                                        report the credit obligation or 
                                        account as current.
                          ``(iii) Exception.--Clause (ii) shall not 
                      apply with respect to a credit obligation or 
                      account of a consumer that has been charged-
                      off.''.

[[Page 134 STAT. 490]]

SEC. 4022. <<NOTE: Time periods. 15 USC 9056.>>  FORECLOSURE 
                          MORATORIUM AND CONSUMER RIGHT TO REQUEST 
                          FORBEARANCE.

    (a) Definitions.--In this section:
            (1) Covid-19 emergency.--The term ``COVID-19 emergency'' 
        means the national emergency concerning the novel coronavirus 
        disease (COVID-19) outbreak declared by the President on March 
        13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et 
        seq.).
            (2) Federally backed mortgage loan.--The term ``Federally 
        backed mortgage loan'' includes any loan which is secured by a 
        first or subordinate lien on residential real property 
        (including individual units of condominiums and cooperatives) 
        designed principally for the occupancy of from 1- to 4- families 
        that is--
                    (A) insured by the Federal Housing Administration 
                under title II of the National Housing Act (12 U.S.C. 
                1707 et seq.);
                    (B) insured under section 255 of the National 
                Housing Act (12 U.S.C. 1715z-20);
                    (C) guaranteed under section 184 or 184A of the 
                Housing and Community Development Act of 1992 (12 U.S.C. 
                1715z-13a, 1715z-13b);
                    (D) guaranteed or insured by the Department of 
                Veterans Affairs;
                    (E) guaranteed or insured by the Department of 
                Agriculture;
                    (F) made by the Department of Agriculture; or
                    (G) purchased or securitized by the Federal Home 
                Loan Mortgage Corporation or the Federal National 
                Mortgage Association.

    (b) Forbearance.--
            (1) In general.--During the covered period, a borrower with 
        a Federally backed mortgage loan experiencing a financial 
        hardship due, directly or indirectly, to the COVID-19 emergency 
        may request forbearance on the Federally backed mortgage loan, 
        regardless of delinquency status, by--
                    (A) submitting a request to the borrower's servicer; 
                and
                    (B) affirming that the borrower is experiencing a 
                financial hardship during the COVID-19 emergency.
            (2) Duration of forbearance.--Upon a request by a borrower 
        for forbearance under paragraph (1), such forbearance shall be 
        granted for up to 180 days, and shall be extended for an 
        additional period of up to 180 days at the request of the 
        borrower, provided that, at the borrower's request, either the 
        initial or extended period of forbearance may be shortened.
            (3) Accrual of interest or fees.--During a period of 
        forbearance described in this subsection, no fees, penalties, or 
        interest beyond the amounts scheduled or calculated as if the 
        borrower made all contractual payments on time and in full under 
        the terms of the mortgage contract, shall accrue on the 
        borrower's account.

    (c) Requirements for Servicers.--
            (1) In general.--Upon receiving a request for forbearance 
        from a borrower under subsection (b), the servicer shall with no 
        additional documentation required other than the borrower's 
        attestation to a financial hardship caused by the COVID-19

[[Page 134 STAT. 491]]

        emergency and with no fees, penalties, or interest (beyond the 
        amounts scheduled or calculated as if the borrower made all 
        contractual payments on time and in full under the terms of the 
        mortgage contract) charged to the borrower in connection with 
        the forbearance, provide the forbearance for up to 180 days, 
        which may be extended for an additional period of up to 180 days 
        at the request of the borrower, provided that, the borrower's 
        request for an extension is made during the covered period, and, 
        at the borrower's request, either the initial or extended period 
        of forbearance may be shortened.
            (2) Foreclosure moratorium.--Except with respect to a vacant 
        or abandoned property, a servicer of a Federally backed mortgage 
        loan may not initiate any judicial or non-judicial foreclosure 
        process, move for a foreclosure judgment or order of sale, or 
        execute a foreclosure-related eviction or foreclosure sale for 
        not less than the 60-day period beginning on March 18, 2020.
SEC. 4023. <<NOTE: 15 USC 9057.>>  FORBEARANCE OF RESIDENTIAL 
                          MORTGAGE LOAN PAYMENTS FOR MULTIFAMILY 
                          PROPERTIES WITH FEDERALLY BACKED LOANS.

    (a) In General.--During the covered period, a multifamily borrower 
with a Federally backed multifamily mortgage loan experiencing a 
financial hardship due, directly or indirectly, to the COVID-19 
emergency may request a forbearance under the terms set forth in this 
section.
    (b) <<NOTE: Effective date.>>  Request for Relief.--A multifamily 
borrower with a Federally backed multifamily mortgage loan that was 
current on its payments as of February 1, 2020, may submit an oral or 
written request for forbearance under subsection (a) to the borrower's 
servicer affirming that the multifamily borrower is experiencing a 
financial hardship during the COVID-19 emergency.

    (c) Forbearance Period.--
            (1) In general.--Upon receipt of an oral or written request 
        for forbearance from a multifamily borrower, a servicer shall--
                    (A) document the financial hardship;
                    (B) provide the forbearance for up to 30 days; and
                    (C) extend the forbearance for up to 2 additional 30 
                day periods upon the request of the borrower provided 
                that, the borrower's request for an extension is made 
                during the covered period, and, at least 15 days prior 
                to the end of the forbearance period described under 
                subparagraph (B).
            (2) Right to discontinue.--A multifamily borrower shall have 
        the option to discontinue the forbearance at any time.

    (d) Renter Protections During Forbearance Period.--A multifamily 
borrower that receives a forbearance under this section may not, for the 
duration of the forbearance--
            (1) evict or initiate the eviction of a tenant from a 
        dwelling unit located in or on the applicable property solely 
        for nonpayment of rent or other fees or charges; or
            (2) charge any late fees, penalties, or other charges to a 
        tenant described in paragraph (1) for late payment of rent.

    (e) Notice.--A multifamily borrower that receives a forbearance 
under this section--
            (1) <<NOTE: Time period.>>  may not require a tenant to 
        vacate a dwelling unit located in or on the applicable property 
        before the date that

[[Page 134 STAT. 492]]

        is 30 days after the date on which the borrower provides the 
        tenant with a notice to vacate; and
            (2) may not issue a notice to vacate under paragraph (1) 
        until after the expiration of the forbearance.

    (f) Definitions.--In this section:
            (1) Applicable property.--The term ``applicable property'', 
        with respect to a Federally backed multifamily mortgage loan, 
        means the residential multifamily property against which the 
        mortgage loan is secured by a lien.
            (2) Federally backed multifamily mortgage loan.--The term 
        ``Federally backed multifamily mortgage loan'' includes any loan 
        (other than temporary financing such as a construction loan) 
        that--
                    (A) is secured by a first or subordinate lien on 
                residential multifamily real property designed 
                principally for the occupancy of 5 or more families, 
                including any such secured loan, the proceeds of which 
                are used to prepay or pay off an existing loan secured 
                by the same property; and
                    (B) is made in whole or in part, or insured, 
                guaranteed, supplemented, or assisted in any way, by any 
                officer or agency of the Federal Government or under or 
                in connection with a housing or urban development 
                program administered by the Secretary of Housing and 
                Urban Development or a housing or related program 
                administered by any other such officer or agency, or is 
                purchased or securitized by the Federal Home Loan 
                Mortgage Corporation or the Federal National Mortgage 
                Association.
            (3) Multifamily borrower.--the term ``multifamily borrower'' 
        means a borrower of a residential mortgage loan that is secured 
        by a lien against a property comprising 5 or more dwelling 
        units.
            (4) Covid-19 emergency.--The term ``COVID-19 emergency'' 
        means the national emergency concerning the novel coronavirus 
        disease (COVID-19) outbreak declared by the President on March 
        13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et 
        seq.).
            (5) Covered period.--The term ``covered period'' means the 
        period beginning on the date of enactment of this Act and ending 
        on the sooner of--
                    (A) the termination date of the national emergency 
                concerning the novel coronavirus disease (COVID-19) 
                outbreak declared by the President on March 13, 2020 
                under the National Emergencies Act (50 U.S.C. 1601 et 
                seq.); or
                    (B) December 31, 2020.
SEC. 4024. <<NOTE: 15 USC 9058.>>  TEMPORARY MORATORIUM ON 
                          EVICTION FILINGS.

    (a) Definitions.--In this section:
            (1) Covered dwelling.--The term ``covered dwelling'' means a 
        dwelling that--
                    (A) is occupied by a tenant--
                          (i) pursuant to a residential lease; or
                          (ii) without a lease or with a lease 
                      terminable under State law; and
                    (B) is on or in a covered property.
            (2) Covered property.--The term ``covered property'' means 
        any property that--

[[Page 134 STAT. 493]]

                    (A) participates in--
                          (i) a covered housing program (as defined in 
                      section 41411(a) of the Violence Against Women Act 
                      of 1994 (34 U.S.C. 12491(a))); or
                          (ii) the rural housing voucher program under 
                      section 542 of the Housing Act of 1949 (42 U.S.C. 
                      1490r); or
                    (B) has a--
                          (i) Federally backed mortgage loan; or
                          (ii) Federally backed multifamily mortgage 
                      loan.
            (3) Dwelling.--The term ``dwelling''--
                    (A) has the meaning given the term in section 802 of 
                the Fair Housing Act (42 U.S.C. 3602); and
                    (B) includes houses and dwellings described in 
                section 803(b) of such Act (42 U.S.C. 3603(b)).
            (4) Federally backed mortgage loan.--The term ``Federally 
        backed mortgage loan'' includes any loan (other than temporary 
        financing such as a construction loan) that--
                    (A) is secured by a first or subordinate lien on 
                residential real property (including individual units of 
                condominiums and cooperatives) designed principally for 
                the occupancy of from 1 to 4 families, including any 
                such secured loan, the proceeds of which are used to 
                prepay or pay off an existing loan secured by the same 
                property; and
                    (B) is made in whole or in part, or insured, 
                guaranteed, supplemented, or assisted in any way, by any 
                officer or agency of the Federal Government or under or 
                in connection with a housing or urban development 
                program administered by the Secretary of Housing and 
                Urban Development or a housing or related program 
                administered by any other such officer or agency, or is 
                purchased or securitized by the Federal Home Loan 
                Mortgage Corporation or the Federal National Mortgage 
                Association.
            (5) Federally backed multifamily mortgage loan.--The term 
        ``Federally backed multifamily mortgage loan'' includes any loan 
        (other than temporary financing such as a construction loan) 
        that--
                    (A) is secured by a first or subordinate lien on 
                residential multifamily real property designed 
                principally for the occupancy of 5 or more families, 
                including any such secured loan, the proceeds of which 
                are used to prepay or pay off an existing loan secured 
                by the same property; and
                    (B) is made in whole or in part, or insured, 
                guaranteed, supplemented, or assisted in any way, by any 
                officer or agency of the Federal Government or under or 
                in connection with a housing or urban development 
                program administered by the Secretary of Housing and 
                Urban Development or a housing or related program 
                administered by any other such officer or agency, or is 
                purchased or securitized by the Federal Home Loan 
                Mortgage Corporation or the Federal National Mortgage 
                Association.

    (b) <<NOTE: Time period.>>  Moratorium.--During the 120-day period 
beginning on the date of enactment of this Act, the lessor of a covered 
dwelling may not--
            (1) make, or cause to be made, any filing with the court of 
        jurisdiction to initiate a legal action to recover possession

[[Page 134 STAT. 494]]

        of the covered dwelling from the tenant for nonpayment of rent 
        or other fees or charges; or
            (2) charge fees, penalties, or other charges to the tenant 
        related to such nonpayment of rent.

    (c) Notice.--The lessor of a covered dwelling unit--
            (1) <<NOTE: Time period.>>  may not require the tenant to 
        vacate the covered dwelling unit before the date that is 30 days 
        after the date on which the lessor provides the tenant with a 
        notice to vacate; and
            (2) may not issue a notice to vacate under paragraph (1) 
        until after the expiration of the period described in subsection 
        (b).
SEC. 4025. <<NOTE: 15 USC 9059.>>  PROTECTION OF COLLECTIVE 
                          BARGAINING AGREEMENT.

    (a) In General.--Neither the Secretary, nor any other actor, 
department, or agency of the Federal Government, shall condition the 
issuance of a loan or loan guarantee under paragraph (1), (2), or (3) of 
section 4003(b) of this subtitle on an air carrier's or eligible 
business's implementation of measures to enter into negotiations with 
the certified bargaining representative of a craft or class of employees 
of the air carrier or eligible business under the Railway Labor Act (45 
U.S.C. 151 et seq.) or the National Labor Relations Act (29 U.S.C. 151 
et seq.), regarding pay or other terms and conditions of employment.
    (b) Period of Effect.--With respect to an air carrier or eligible 
business to which the loan or loan guarantee is provided under this 
subtitle, this section shall be in effect with respect to the air 
carrier or eligible business beginning on the date on which the air 
carrier or eligible business is first issued such loan or loan guarantee 
and ending on the date that is 1 year after the loan or loan guarantee 
is no longer outstanding.
SEC. 4026. <<NOTE: 15 USC 9060.>>  REPORTS.

    (a) <<NOTE: Web posting.>>  Disclosure of Transactions.--Not later 
than 72 hours after any transaction by the Secretary under paragraph 
(1), (2), or (3) of section 4003(b), the Secretary shall publish on the 
website of the Department of the Treasury--
            (1) a plain-language description of the transaction, 
        including the date of application, date of application approval, 
        and identity of the counterparty;
            (2) the amount of the loan or loan guarantee;
            (3) the interest rate, conditions, and any other material or 
        financial terms associated with the transaction, if applicable; 
        and
            (4) <<NOTE: Records.>>  a copy of the relevant and final 
        term sheet, if applicable, and contract or other relevant 
        documentation regarding the transaction.

    (b) Reports.--
            (1) To congress.--
                    (A) In general.--In addition to such reports as are 
                required under section 5302(c) of title 31, United 
                States Code, not later than 7 days after the Secretary 
                makes any loan or loan guarantee under paragraph (1), 
                (2), or (3) of section 4003(b), the Secretary shall 
                submit to the Chairmen and Ranking Members of the 
                Committee on Banking, Housing, and Urban Affairs and the 
                Committee on Finance of the Senate and the Chairmen and 
                Ranking Members of the Committee on Financial Services 
                and the

[[Page 134 STAT. 495]]

                Committee on Ways and Means of the House of 
                Representatives a report summarizing--
                          (i) an overview of actions taken by the 
                      Secretary under paragraph (1), (2) or (3) of 
                      section 4003(b) during such period;
                          (ii) the actual obligation, expenditure, and 
                      disbursements of the funds during such period; and
                          (iii) a detailed financial statement with 
                      respect to the exercise of authority under 
                      paragraph (1), (2) or (3) of section 4003(b) 
                      showing--
                                    (I) all loans and loan guarantees 
                                made, renewed, or restructured;
                                    (II) all transactions during such 
                                period, including the types of parties 
                                involved;
                                    (III) the nature of the assets 
                                purchased;
                                    (IV) a description of the vehicles 
                                established to exercise such authority; 
                                and
                                    (V) any or all repayment activity, 
                                delinquencies or defaults on loans and 
                                loan guarantees issued under paragraph 
                                (1), (2) or (3) of section 4003(b).
                    (B) <<NOTE: Web posting.>>  Publication.--Not later 
                than 7 days after the date on which the Secretary 
                submits a report under subparagraph (A) to the 
                committees of Congress described in such subparagraph, 
                the Secretary shall publish such report on the website 
                of the Department of the Treasury.
                    (C) <<NOTE: Web posting.>>  30-day reports.--Every 
                30 days during such time as a loan or loan guarantee 
                under paragraph (1), (2), or (3) of section 4003(b) is 
                outstanding, the Secretary shall publish on the website 
                of the Department of the Treasury a report summarizing 
                the information set forth in subparagraph (A).
            (2) Board of governors.--
                    (A) In general.--With respect to any program or 
                facility described in paragraph (4) of section 4003(b), 
                the Board of Governors of the Federal Reserve System 
                shall provide to the Committee on Banking, Housing, and 
                Urban Affairs of the Senate and the Committee on 
                Financial Services of the House of Representatives such 
                reports as are required to be provided under section 
                13(3) of the Federal Reserve Act (12 U.S.C. 343(3))--
                          (i) not later than 7 days after the Board 
                      authorizes a new facility or other financial 
                      assistance in accordance with section 13(3)(C)(i) 
                      of the Federal Reserve Act (12 U.S.C. 
                      343(3)(C)(i)); and
                          (ii) once every 30 days with respect to 
                      outstanding loans or financial assistance in 
                      accordance with section 13(3)(C)(ii) of the 
                      Federal Reserve Act (12 U.S.C. 343(3)(C)(ii)).
                    (B) <<NOTE: Deadline. Web posting.>>  Publication.--
                Not later than 7 days after the Board of Governors of 
                the Federal Reserve System submits a report under 
                subparagraph (A) to the committees of Congress described 
                in subparagraph (A), the Board shall publish on its 
                website such report.

    (c) <<NOTE: Time period.>>  Testimony.--The Secretary and the 
Chairman of the Board of Governors of the Federal Reserve System shall 
testify, on a quarterly basis, before the Committee on Banking, Housing, 
and

[[Page 134 STAT. 496]]

Urban Affairs of the Senate and the Committee on Financial Services of 
the House of Representatives regarding the obligations of the Department 
of the Treasury and the Federal Reserve System, and transactions entered 
into, under this Act.

    (d) <<NOTE: Web posting. Criteria. Guidelines. Requirements.>>  
Program Descriptions.--The Secretary shall post on the website of the 
Department of the Treasury all criteria, guidelines, eligibility 
requirements, and application materials for the making of any loan or 
loan guarantee under paragraph (1), (2), or (3) of section 4003(b).

    (e) <<NOTE: Deadline. Web posting. Records.>>  Administrative 
Contracts.--Not later than 24 hours after the Secretary enters into a 
contract in connection with the administration of any loan or loan 
guarantee authorized to be made under paragraph (1), (2), or (3) of 
section 4003(b), the Secretary shall post on the website of the 
Department of the Treasury a copy of the contract.

    (f) Government Accountability Office.--
            (1) Study.--The Comptroller General of the United States 
        shall conduct a study on the loans, loan guarantees, and other 
        investments provided under section 4003.
            (2) <<NOTE: Time period.>> Report.--Not later than 9 months 
        after the date of enactment of this Act, and annually thereafter 
        through the year succeeding the last year for which loans, loan 
        guarantees, or other investments made under section 4003 are 
        outstanding, the Comptroller General shall submit to the 
        Committee on Financial Services, the Committee on Transportation 
        and Infrastructure, the Committee on Appropriations, and the 
        Committee on the Budget of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs, the Committee 
        on Commerce, Science, and Transportation, the Committee on 
        Appropriations, and the Committee on the Budget of the Senate a 
        report on the loans, loan guarantees, and other investments made 
        under section 4003.
SEC. 4027. <<NOTE: 15 USC 9061.>>  DIRECT APPROPRIATION.

    (a) In General.--Notwithstanding any other provision of law, there 
is appropriated, out of amounts in the Treasury not otherwise 
appropriated, to the fund established under section 5302(a)(1) of title 
31, United States Code, $500,000,000,000 to carry out this subtitle.
    (b) Technical and Conforming Amendment.--Section 5302(a) of title 
31, United States Code, is amended--
            (1) by striking ``and'' before ``section 3''; and
            (2) by inserting ``and the Coronavirus Economic 
        Stabilization Act of 2020,'' before ``and for investing''.

    (c) <<NOTE: Effective dates.>>  Clarification.--
            (1) In general.--On or after January 1, 2021, any remaining 
        funds made available under section 4003(b) may be used only 
        for--
                    (A) modifications, restructurings, or other 
                amendments of loans, loan guarantees, or other 
                investments in accordance with section 4029(b)(1); and
                    (B) exercising any options, warrants, or other 
                investments made prior to January 1, 2021; and
                    (C) paying costs and administrative expenses as 
                provided in section 4003(f).

[[Page 134 STAT. 497]]

            (2) Deficit reduction.--On January 1, 2026, any funds 
        described in paragraph (1) that are remaining shall be 
        transferred to the general fund of the Treasury to be used for 
        deficit reduction.
SEC. 4028. <<NOTE: 15 USC 9062.>>  RULE OF CONSTRUCTION.

    Nothing in this subtitle shall be construed to allow the Secretary 
to provide relief to eligible businesses, States, and municipalities 
except in the form of loans, loan guarantees, and other investments as 
provided in this subtitle and under terms and conditions that are in the 
interest of the Federal Government.
SEC. 4029. <<NOTE: 15 USC 9063.>>  TERMINATION OF AUTHORITY.

    (a) In General.--Except as provided in subsection (b), on December 
31, 2020, the authority provided under this subtitle to make new loans, 
loan guarantees, or other investments shall terminate.
    (b) Outstanding.--
            (1) In general.--Except as provided in paragraph (2), any 
        loan, loan guarantee, or other investment outstanding on the 
        date described in subsection (a)--
                    (A) may be modified, restructured, or otherwise 
                amended; and
                    (B) may not be forgiven.
            (2) Duration.--The duration of any loan or loan guarantee 
        made under section 4003(b)(1) that is modified, restructured, or 
        otherwise amended under paragraph (1) shall not be extended 
        beyond 5 years from the initial origination date of the loan or 
        loan guarantee.

                 Subtitle B--Air Carrier Worker Support

SEC. 4111. <<NOTE: 15 USC 9071.>>  DEFINITIONS.

    Unless <<NOTE: Applicability.>>  otherwise specified, the terms in 
section 40102(a) of title 49, United States Code, shall apply to this 
subtitle, except that--
            (1) the term ``airline catering employee'' means an employee 
        who performs airline catering services;
            (2) the term ``airline catering services'' means 
        preparation, assembly, or both, of food, beverages, provisions 
        and related supplies for delivery, and the delivery of such 
        items, directly to aircraft or to a location on or near airport 
        property for subsequent delivery to aircraft;
            (3) the term ``contractor'' means--
                    (A) a person that performs, under contract with a 
                passenger air carrier conducting operations under part 
                121 of title 14, Code of Federal Regulations--
                          (i) catering functions; or
                          (ii) functions on the property of an airport 
                      that are directly related to the air 
                      transportation of persons, property, or mail, 
                      including but not limited to the loading and 
                      unloading of property on aircraft; assistance to 
                      passengers under part 382 of title 14, Code of 
                      Federal Regulations; security; airport ticketing 
                      and check-in functions; ground-handling of 
                      aircraft; or aircraft cleaning and sanitization 
                      functions and waste removal; or

[[Page 134 STAT. 498]]

                    (B) a subcontractor that performs such functions;
            (4) the term ``employee'' means an individual, other than a 
        corporate officer, who is employed by an air carrier or a 
        contractor; and
            (5) the term ``Secretary'' means the Secretary of the 
        Treasury.
SEC. 4112. <<NOTE: 15 USC 9072.>>  PANDEMIC RELIEF FOR AVIATION 
                          WORKERS.

    (a) Financial Assistance for Employee Wages, Salaries, and 
Benefits.--Notwithstanding any other provision of law, to preserve 
aviation jobs and compensate air carrier industry workers, the Secretary 
shall provide financial assistance that shall exclusively be used for 
the continuation of payment of employee wages, salaries, and benefits 
to--
            (1) passenger air carriers, in an aggregate amount up to 
        $25,000,000,000;
            (2) cargo air carriers, in the aggregate amount up to 
        $4,000,000,000; and
            (3) contractors, in an aggregate amount up to 
        $3,000,000,000.

    (b) Administrative Expenses.--Notwithstanding any other provision of 
law, the Secretary, may use $100,000,000 of the funds made available 
under section 4120(a) for costs and administrative expenses associated 
with providing financial assistance under this subtitle.
SEC. 4113. <<NOTE: 15 USC 9073.>>  PROCEDURES FOR PROVIDING 
                          PAYROLL SUPPORT.

    (a) <<NOTE: Time period. Certifications.>>  Awardable Amounts.--The 
Secretary shall provide financial assistance under this subtitle--
            (1) to an air carrier in an amount equal to the salaries and 
        benefits reported by the air carrier to the Department of 
        Transportation pursuant to part 241 of title 14, Code of Federal 
        Regulations, for the period from April 1, 2019, through 
        September 30, 2019; and
            (2) to an air carrier that does not transmit reports under 
        such part 241, in an amount that such air carrier certifies, 
        using sworn financial statements or other appropriate data, as 
        the amount of wages, salaries, benefits, and other compensation 
        that such air carrier paid the employees of such air carrier 
        during the period from April 1, 2019, through September 30, 
        2019; and
            (3) to a contractor, in an amount that the contractor 
        certifies, using sworn financial statements or other appropriate 
        data, as the amount of wages, salaries, benefits, and other 
        compensation that such contractor paid the employees of such 
        contractor during the period from April 1, 2019, through 
        September 30, 2019.

    (b) Deadlines and Procedures.--
            (1) In general.--
                    (A) Forms; terms and conditions.--Financial 
                assistance provided to an air carrier or contractor 
                under this subtitle shall be in such form, on such terms 
                and conditions (including requirements for audits and 
                the clawback of any financial assistance provided upon 
                failure by a passenger air carrier, cargo air carrier, 
                or contractor to honor the assurances specified in 
                section 4114), as the Secretary determines appropriate.

[[Page 134 STAT. 499]]

                    (B) <<NOTE: Publication.>>  Procedures.--The 
                Secretary shall publish streamlined and expedited 
                procedures not later than 5 days after the date of 
                enactment of this Act for air carriers and contractors 
                to submit requests for financial assistance under this 
                subtitle.
            (2) Deadline for immediate payroll assistance.--Not later 
        than 10 days after the date of enactment of this Act, the 
        Secretary shall make initial payments to air carriers and 
        contractors that submit requests for financial assistance 
        approved by to the Secretary.
            (3) <<NOTE: Determination.>>  Subsequent payments.--The 
        Secretary shall determine an appropriate method for timely 
        distribution of payments to air carriers and contractors with 
        approved requests for financial assistance from any funds 
        remaining available after providing initial financial assistance 
        payments under paragraph (2).

    (c) Pro Rata Authority.--The Secretary shall have the authority to 
reduce, on a pro rata basis, the amounts due to air carriers and 
contractors under the applicable paragraph of section 4112 in order to 
address any shortfall in assistance that would otherwise be provided 
under such section.
    (d) Audits.--The Inspector General of the Department of the Treasury 
shall audit certifications made under subsection (a).
SEC. 4114. <<NOTE: 15 USC 9074.>>  REQUIRED ASSURANCES.

    (a) <<NOTE: Contracts. Certification. Time periods.>>  In General.--
To be eligible for financial assistance under this subtitle, an air 
carrier or contractor shall enter into an agreement with the Secretary, 
or otherwise certify in such form and manner as the Secretary shall 
prescribe, that the air carrier or contractor shall--
            (1) <<NOTE: Involuntary furloughs. Pay reductions.>>  
        refrain from conducting involuntary furloughs or reducing pay 
        rates and benefits until September 30, 2020;
            (2) through September 30, 2021, ensure that neither the air 
        carrier or contractor nor any affiliate of the air carrier or 
        contractor may, in any transaction, purchase an equity security 
        of the air carrier or contractor or the parent company of the 
        air carrier or contractor that is listed on a national 
        securities exchange;
            (3) through September 30, 2021, ensure that the air carrier 
        or contractor shall not pay dividends, or make other capital 
        distributions, with respect to the common stock (or equivalent 
        interest) of the air carrier or contractor; and
            (4) meet the requirements of sections 4115 and 4116.

    (b) Department of Transportation Authority to Condition Assistance 
on Continuation of Service.--
            (1) <<NOTE: Requirement.>>  In general.--The Secretary of 
        Transportation is authorized to require, to the extent 
        reasonable and practicable, an air carrier provided financial 
        assistance under this subtitle to maintain scheduled air 
        transportation service, as the Secretary of Transportation deems 
        necessary, to ensure services to any point served by that 
        carrier before March 1, 2020.
            (2) Required considerations.--When considering whether to 
        exercise the authority provided by this section, the Secretary 
        of Transportation shall take into consideration the air 
        transportation needs of small and remote communities and the 
        need to maintain well-functioning health care supply chains, 
        including medical devices and supplies, and pharmaceutical 
        supply chains.

[[Page 134 STAT. 500]]

            (3) Sunset.--The authority provided under this subsection 
        shall terminate on March 1, 2022, and any requirements issued by 
        the Secretary of Transportation under this subsection shall 
        cease to apply after that date.
SEC. 4115. <<NOTE: 15 USC 9075.>>  PROTECTION OF COLLECTIVE 
                          BARGAINING AGREEMENT.

    (a) In General.--Neither the Secretary, nor any other actor, 
department, or agency of the Federal Government, shall condition the 
issuance of financial assistance under this subtitle on an air carrier's 
or contractor's implementation of measures to enter into negotiations 
with the certified bargaining representative of a craft or class of 
employees of the air carrier or contractor under the Railway Labor Act 
(45 U.S.C. 151 et seq.) or the National Labor Relations Act (29 U.S.C. 
151 et seq.), regarding pay or other terms and conditions of employment.
    (b) Period of Effect.--With respect to an air carrier or contractor 
to which financial assistance is provided under this subtitle, this 
section shall be in effect with respect to the air carrier or contractor 
beginning on the date on which the air carrier or contractor is first 
issued such financial assistance and ending on September 30, 2020.
SEC. 4116. <<NOTE: Time periods. 15 USC 9076.>>  LIMITATION ON 
                          CERTAIN EMPLOYEE COMPENSATION.

    (a) In General.--The Secretary may only provide financial assistance 
under this subtitle to an air carrier or contractor after such carrier 
or contractor enters into an agreement with the Secretary which provides 
that, during the 2-year period beginning March 24, 2020, and ending 
March 24, 2022, no officer or employee of the air carrier or contractor 
whose total compensation exceeded $425,000 in calendar year 2019 (other 
than an employee whose compensation is determined through an existing 
collective bargaining agreement entered into prior to enactment of this 
Act)--
            (1) will receive from the air carrier or contractor total 
        compensation which exceeds, during any 12 consecutive months of 
        such 2-year period, the total compensation received by the 
        officer or employee from the air carrier or contractor in 
        calendar year 2019;
            (2) will receive from the air carrier or contractor 
        severance pay or other benefits upon termination of employment 
        with the air carrier or contractor which exceeds twice the 
        maximum total compensation received by the officer or employee 
        from the air carrier or contractor in calendar year 2019; and
            (3) no officer or employee of the eligible business whose 
        total compensation exceeded $3,000,000 in calendar year 2019 may 
        receive during any 12 consecutive months of such period total 
        compensation in excess of the sum of--
                    (A) $3,000,000; and
                    (B) 50 percent of the excess over $3,000,000 of the 
                total compensation received by the officer or employee 
                from the eligible business in calendar year 2019.

    (b) Total Compensation Defined.--In this section, the term ``total 
compensation'' includes salary, bonuses, awards of stock, and other 
financial benefits provided by an air carrier or contractor to an 
officer or employee of the air carrier or contractor.
SEC. 4117. <<NOTE: Determination. 15 USC 9077.>>  TAX PAYER 
                          PROTECTION.

    The Secretary may receive warrants, options, preferred stock, debt 
securities, notes, or other financial instruments issued by

[[Page 134 STAT. 501]]

recipients of financial assistance under this subtitle which, in the 
sole determination of the Secretary, provide appropriate compensation to 
the Federal Government for the provision of the financial assistance.
SEC. 4118. <<NOTE: 15 USC 9078.>>  REPORTS.

    (a) Report.--Not later than November 1, 2020, the Secretary shall 
submit to the Committee on Transportation and Infrastructure and the 
Committee on Financial Services of the House of Representatives and the 
Committee on Commerce, Science, and Transportation and the Committee on 
Banking, Housing, and Urban Affairs of the Senate a report on the 
financial assistance provided to air carriers and contractors under this 
subtitle, including a description of any financial assistance provided.
    (b) <<NOTE: Time period.>>  Update.--Not later than the last day of 
the 1-year period following the date of enactment of this Act, the 
Secretary shall update and submit to the Committee on Transportation and 
the Committee on Financial Services and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Banking, Housing, and Urban Affairs 
of the Senate the report described in subsection (a).
SEC. 4119. <<NOTE: 15 USC 9079.>>  COORDINATION.

    In implementing this subtitle the Secretary shall coordinate with 
the Secretary of Transportation.
SEC. 4120. <<NOTE: 15 USC 9080.>>  DIRECT APPROPRIATION.

    Notwithstanding any other provision of law, there is appropriated, 
out of amounts in the Treasury not otherwise appropriated, 
$32,000,000,000 to carry out this subtitle.

                  TITLE V-- <<NOTE: State, tribal, and 
local governments. Territories.>> CORONAVIRUS RELIEF FUNDS
SEC. 5001. CORONAVIRUS RELIEF FUND.

    (a) In General.--The Social Security Act (42 U.S.C. 301 et seq.) is 
amended by inserting after title V the following:

                   ``TITLE VI--CORONAVIRUS RELIEF FUND

``SEC. 601. <<NOTE: 42 USC 801.>